Note4Students
From UPSC perspective, the following things are important :
Prelims level: Key provisions of CAA, 2019
Mains level: Debate over CAA
In the news
- Just days ahead of the announcement of Lok Sabha election, the Union Home Ministry notified the Citizenship Amendment Rules, 2024.
- This would now enable the implementation of the Citizenship Amendment Act (CAA) passed by Parliament in 2019.
Citizenship (Amendment) Act (CAA), 2019: Key Provisions
- Basic idea: CAA, 2019, aims to amend the Citizenship Act, 1955, to grant Indian citizenship to specific categories of illegal migrants.
- Eligible Religions: CAA targets Hindu, Sikh, Buddhist, Jain, Parsi, and Christian illegal migrants from Afghanistan, Bangladesh, and Pakistan, making them eligible for Indian citizenship.
- Objective: The primary objective is to facilitate citizenship for non-Muslim immigrants from India’s three Muslim-majority neighboring countries.
- Residence Requirement: The Citizenship Act, 1955, normally requires 11 of the previous 14 years of residence in India as a condition for naturalization.
- Amendment: CAA reduces this requirement to 6 years for applicants belonging to the specified religions and countries.
- Exemption from Criminal Cases: Members of the designated communities are exempted from criminal cases under the Foreigners Act, 1946, and the Passport Act, 1920, if they entered India before December 31, 2014.
Defining Illegal Migrants
- Status under Present Laws: Existing laws prohibit illegal migrants from acquiring Indian citizenship.
- CAA’s Definition: CAA classifies an illegal migrant as a foreigner who enters India without valid travel documents (passport and visa) or overstays beyond the allowed period.
- Penalties: Illegal migrants can face imprisonment or deportation under the Foreigners Act, 1946, and The Passport (Entry into India) Act, 1920.
Exceptions under CAA
- Conditions for Exemption: CAA outlines four conditions that, if met, exempt certain individuals from being treated as illegal migrants:
- They belong to the specified religions (Hindu, Sikh, Buddhist, Jain, Parsi, or Christian).
- They hail from Afghanistan, Bangladesh, or Pakistan.
- They entered India on or before December 31, 2014.
- They are not in certain tribal areas of Assam, Meghalaya, Mizoram, or Tripura (Sixth Schedule) or “Inner Line” permit areas (Arunachal Pradesh, Mizoram, and Nagaland).
Controversies Surrounding CAA
- Country of Origin: CAA categorizes migrants based on their country of origin, specifically Afghanistan, Pakistan, and Bangladesh.
- Religious Exclusivity: It raises questions about why only six specified religious minorities have been considered in the Act.
- Omission of Rohingya: The Act doesn’t address the Rohingya Muslims from Myanmar, who have faced persecution.
- Entry Date Differentiation: The differential treatment of migrants based on their entry date, i.e., before or after December 31, 2014, has generated debate.
- Secularism Concerns: Critics argue that granting citizenship based on religion contradicts the secular principles of India’s Constitution, considered part of the unalterable basic structure.
Constitutionality Check
- The challenge may rest primarily on the grounds that the law violates Article 14 of the Constitution that guarantees that no person shall be denied the right to equality before law or the equal protection of law in the territory of India.
- The Supreme Court has developed a Two-Pronged Test to examine a law on the grounds of Article 14.
- First, any differentiation between groups of persons must be founded on “intelligible differentia”
- Second, differentia must have a rational nexus to the object sought to be achieved by the Act
- Simply put, for a law to satisfy the conditions under Article 14, it has to first create a “reasonable class” of subjects that it seeks to govern under the law.
- Even if the classification is reasonable, any person who falls in that category has to be treated alike.
Impact on Assam and Assam Accord
- Intersection with Section 6A: The CAA intersects with Section 6A of The Citizenship Act, 1955, which determines citizenship criteria in Assam.
- Assam Accord: Section 6A, linked to the Assam Accord, sets criteria for determining citizenship in Assam, posing potential conflicts with the CAA’s provisions.
- Base Cut-off Date and Regularization: The Assam Accord establishes a base cut-off date for identifying and regularizing foreigners in Assam, impacting the implementation of the CAA in the state.
Way forward
- India is a constitutional democracy with a basic structure that assures a secure and spacious home for all Indians.
- Being partitioned on religious grounds, India has to undertake a balancing act to protect the religious minorities in its neighbourhood.
- These minorities are under constant threat of persecution and vandalism.
- India needs to balance its civilization duties to protect those who are prosecuted in the neighbourhood.
Try this PYQ from CSE Prelims 2021:
Q.With reference to India, consider the following statements:
- There is only one citizenship and one domicile.
- A citizen by birth only can become the Head of State.
- A foreigner once granted the citizenship cannot be deprived of it under any circumstances.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) 1 and 3
(s) 2 and 3
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Agni Missiles, MIRV Technology
Mains level: India's missile arsenal and the deterrence created
In the news
- India’s recent successful testing of an Agni-5 Missile equipped with Multiple Independently Targetable Re-entry Vehicle (MIRV) technology with multiple warhead capabilities, termed Mission Divyastra, marks a significant milestone in the nation’s defense capabilities.
What are Agni Missiles?
- Agni missiles are long range, nuclear weapons capable surface to surface ballistic missile.
- The first missile of the series, Agni-I was developed under the Integrated Guided Missile Development Program (IGMDP) and tested in 1989.
- After its success, Agni missile program was separated from the IGMDP upon realizing its strategic importance.
- It was designated as a special program in India’s defence budget and provided adequate funds for subsequent development.
Variants of Agni missiles
- Agni I: It is a Medium Range Ballistic Missile with a Range of 700-800 km.
- Agni II: It is also a Medium Range Ballistic Missile with a Range more than 2000 km.
- Agni III: It is also an Inter-Medium Range Ballistic Missile with Range of more than 2,500 Km
- Agni IV: It is also an Inter-Medium Range Ballistic Missile with Range is more than 3,500 km and can fire from a road mobile launcher.
- Agni-V: Currently it is the longest of Agni series, an Inter-Continental Ballistic Missile (ICBM) with a range of over 5,000 km.
- Agni- VI: The longest of the Agni series, an ICBM with a range of ICBM 11,000–12,000 km.
About Agni-5 Missiles
- Indigenous Development: Agni missiles, developed by the Defence Research and Development Organisation (DRDO), have been integral to India’s defense arsenal since the early 1990s.
- MIRV Technology: The latest variant of Agni incorporates Multiple Independently Targetable Re-entry Vehicle (MIRV) technology, a sophisticated capability possessed by only a handful of countries globally.
Developments in MIRV Technology
- Targeting Versatility: MIRV technology enables a single missile to target multiple locations, potentially hundreds of kilometers apart, significantly enhancing its operational effectiveness.
- Range and Strategic Focus: Agni, equipped with nuclear warheads, boasts a range exceeding 5,000 km, primarily aimed at countering threats from China.
- Limited MIRV-Equipped Nations: Currently, major nations possessing MIRV-equipped missiles include the United States, Russia, China, France, and the United Kingdom, with emerging capabilities in Pakistan and Israel.
- Complex Technology: Developing MIRV technology requires miniaturization of warheads, independent guidance systems, and sequential release mechanisms, making it a challenging endeavor.
Strategic Significance of the Mission Divyastra
- Versatile Strike Capabilities: MIRV-equipped missiles enable simultaneous strikes on multiple targets, overwhelming enemy defenses and maximizing damage potential.
- Deterrence and Defense Penetration: These missiles pose a significant challenge to missile defense systems, as multiple warheads with independent trajectories can thwart interception efforts.
- Strategic Balance and Deterrence: For nations like India with a no-first-use policy, MIRV technology enhances the credibility of response strikes, serving as a potent deterrent against aggression.
Try this PYQ from CS Prelims 2014:
Which reference to Agni-IV Missile, which of the following statements is/are correct?
- It is a surface-to-surface missile.
- It is fuelled by liquid propellant only.
- It can deliver one-tonne nuclear warheads about 7500 km away.
Select the correct answer using the code given below.
(a) 1 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Post your answers here.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: European Free Trade Association (EFTA) Bloc
Mains level: Read the attached story
In the news
- India has inked a momentous Free Trade Agreement (FTA) with the European Free Trade Association (EFTA), comprising Iceland, Liechtenstein, Norway, and Switzerland.
- The accord, aimed at attracting a staggering $100 billion in investment over 15 years, signifies a significant leap towards diversifying imports and forging robust economic ties with key European nations.
About the European Free Trade Association (EFTA) Bloc
|
Description |
| Member |
Iceland, Liechtenstein, Norway, Switzerland |
| Formation |
Established in 1960 by seven European countries as an alternative trade bloc to the EU |
| Trade Relations |
Free trade agreements among themselves and with other regions |
| Activities |
Participate in European Single Market through the EEA Agreement |
| Institutions |
EFTA Court, EFTA Surveillance Authority, EFTA Secretariat |
| Relationship with EU |
Not part of the EU,
But have close economic ties and trade agreements with EU countries |
Why was this FTA revived?
- Resurgence of Talks: The trade deal comes to fruition after a hiatus of 16 years, during which discussions were stalled due to differences between the parties.
- Strategic Realignment: Evolving geopolitical dynamics and mutual interests in reducing dependence on China played a pivotal role in reigniting negotiations and reaching a consensus.
Key Decisions
- Investment Commitments: EFTA countries pledge to invest $100 billion in India, aiming to generate 1 million jobs within 15 years, demonstrating a shared commitment to mutual prosperity and development.
- Market Access: The agreement ensures enhanced market access for both goods and services, with provisions for tariff concessions and non-discriminatory treatment of service providers.
- Sectoral Focus: Priority sectors such as pharma, chemicals, minerals, and services receive particular attention, reflecting the potential for growth and collaboration in these areas.
Key Highlights of the Trade Pact
- Scope of Agreement: The agreement covers tariff concessions for pharma, chemical products, minerals, and other key sectors, facilitating enhanced bilateral trade relations.
- Binding Commitments: The pact includes a binding commitment to increase FDI from EFTA states into India by $50 billion within the first ten years and an additional $50 billion in the subsequent five years.
- Mechanisms for Investment Facilitation: The agreement outlines mechanisms to facilitate investment flows from the private sector in EFTA countries, ensuring transparency and accountability.
- Rebalancing Concessions: Provisions are in place to withdraw tariff concessions if the expected investment commitments are not met, ensuring accountability and adherence to agreed-upon terms.
- Market Access Commitments: The agreement opens avenues for Indian service providers, particularly in audio-visual services, with commitments from EFTA nations to ensure non-discrimination and market access.
- Visa Facilitation: EFTA countries have provided visa categories for intra-corporate transferees and independent professionals, enhancing opportunities for Indian service providers.
- Tariff Reduction: The agreement entails the elimination of tariffs on industrial goods exported to India by EFTA companies, including pharmaceuticals, machinery, watches, and chemicals.
- Agricultural Products Exemption: While agricultural items are largely excluded, meaningful tariff concessions have been granted for both basic and processed agricultural products.
Significance of the FTA’s Timing
- Election Concerns: With numerous countries, including India, embarking on electoral processes, the window for negotiating free trade agreements (FTAs) may narrow significantly. Seizing the moment is imperative amid a global shift in supply chains away from China.
- Geopolitical Opportunity: As global investors eye alternative destinations, delays in fostering investment flows and global integration could result in missed geopolitical advantages for India.
- Addressing Trade Deficit: India seeks to mitigate trade deficits prevalent with many trading partners, including ASEAN nations. While previous FTAs provided access to intermediate goods, India’s relatively high average tariffs disadvantaged its position, granting preferential market access to FTA partners.
Challenges in India-EFTA Trade Agreement
- Limited Tariff Benefits: Existing zero or low tariffs in EFTA countries limit the potential gains for Indian goods exports, particularly in industrial and agricultural sectors.
- Trade Deficit Concerns: India’s significant trade deficit with EFTA, especially driven by imports of gold and precious metals, raises concerns about the imbalance in trade relations.
- Market Access Limitations: The scope for increasing market access for Indian goods in EFTA remains low, posing challenges for trade expansion efforts.
- Competition from Other Countries: EFTA investment commitments may face competition from other countries like Vietnam and Mexico, potentially impacting India’s ability to attract investment.
- Political Uncertainty: The timing of signing the agreement is crucial due to upcoming elections in many countries, which could delay future trade agreements and geopolitical opportunities.
Opportunities in India-EFTA Trade Agreement
- Investment Inflow: Commitments for $100 billion in investment over 15 years offer significant economic opportunities, including job creation and sectoral growth.
- Services Sector Development: The agreement could bolster India’s services sector, enhancing its competitiveness and contributing to economic growth.
- Sectoral Benefits: Key sectors like pharma, chemicals, food processing, and engineering stand to benefit from investment inflow, potentially reducing dependency on imports from China.
- Joint Ventures: Collaboration in identified sectors through joint ventures could facilitate technology transfer, skill development, and product diversification.
- Wider Economic Impact: Investment from EFTA countries, including Norway’s substantial sovereign wealth fund, could stimulate economic activity and fuel India’s growth trajectory.
Conclusion
- The forthcoming trade agreement with EFTA signals a paradigm shift in India’s trade dynamics, emphasizing economic diversification and bolstering strategic sectors.
- As India navigates evolving global trade landscapes, leveraging investments from EFTA nations presents an opportunity to stimulate growth, foster innovation, and reduce dependency on a single market.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Gig Workers
Mains level: Regulating Gig Economy
In the news
- A recent study conducted by the People’s Association in Grassroots Action and Movements highlights the working conditions and challenges encountered by app-based cab and delivery drivers/persons in India.
- The findings underscore the critical need for enhanced social security measures and regulatory oversight to safeguard the welfare of gig workers in the country.
Key Findings on Gig Workers
- Extended Working Hours: Approximately a third of app-based cab drivers work for over 14 hours daily, with over 83% working more than 10 hours and 60% exceeding 12 hours, reflecting the demanding nature of their work.
- Caste-wise Impact: The study reveals a disproportionate impact on drivers from Scheduled Castes and Tribes, with over 60% working beyond 14 hours compared to only 16% from the unreserved category.
- Financial Strain: More than 43% of participants earn less than ₹500 per day or ₹15,000 monthly after expenses, highlighting the precarious financial situation faced by many workers.
- Financial Hardship: A significant majority (76%) of delivery persons struggle to meet their financial needs, indicative of the economic challenges inherent in the gig economy.
- Other Challenges: Issues such as ID deactivation and customer misbehaviour further compound the difficulties faced by workers in the app-based transport and delivery sector.
Implications of the Report
- Social Disparities: Income disparities exacerbate existing social inequalities, particularly among workers from different caste backgrounds, perpetuating cycles of poverty and distress within these communities.
- Health and Safety Risks: Prolonged working hours contribute to physical exhaustion and increased risk of road traffic accidents, compounded by pressure from e-commerce platforms to achieve rapid delivery times. Lack of social and job security adds to stress levels and poses potential health risks for workers.
Understanding the Gig Economy
- In a gig economy, temporary, flexible jobs are prevalent, with companies often hiring independent contractors and freelancers instead of full-time employees.
- Tech-enabled platforms connect consumers with gig workers for short-term services across various sectors.
- Sectors such as media, real estate, legal, hospitality, and technology are already operating within the gig economy framework, offering opportunities for self-employed individuals, freelancers, and part-time workers.
Key Drivers for Gig Economy Growth
- Changing Work Preferences: Millennials prefer flexible work arrangements over traditional full-time employment, driven by hectic lifestyles and a desire for autonomy.
- Startup Culture: Startups hire contractual freelancers to reduce fixed costs associated with full-time employees, fostering the growth of the gig economy.
- Freelancing Platforms: The proliferation of freelancing platforms facilitates connections between gig workers and businesses, enabling seamless transactions.
- Post-Pandemic Transition: The pandemic has prompted laid-off employees to explore freelance opportunities, contributing to the expansion of the gig economy.
Advantages and Challenges
[A] Advantages for Workers
- Profit through Diversification: Gig workers can supplement their income by engaging in multiple gigs simultaneously.
- Empowerment and Flexibility: Women and retired individuals benefit from the flexibility offered by gig work, empowering them to balance work and personal responsibilities.
- Cost Savings and Convenience: Work-from-home arrangements reduce travel costs and offer convenience to workers, enhancing their overall quality of life.
[B] Advantages for Employers
- Efficiency and Productivity: Gig workers often exhibit higher efficiency and productivity compared to traditional employees, driving business growth.
- Cost Savings: Employers save on benefits, office space, and training costs associated with full-time employment, optimizing resource allocation.
Challenges in the Gig Economy
- Lack of Employment Perks: Gig workers miss out on traditional employee benefits such as pension and gratuity, leading to financial insecurity.
- Job Insecurity: Unfair termination and inadequate wages pose significant challenges for gig workers, contributing to job insecurity.
- Legal Protections: Gig workers lack bargaining power and legal protections, making it difficult to negotiate fair terms with employers.
- Access and Connectivity: The gig economy remains inaccessible to rural populations with limited internet connectivity and infrastructure.
Way Forward
- Policy Reforms: The government must fine-tune existing social security policies to address the unique needs of gig workers, ensuring comprehensive protection and support.
- New Legislation: The centre must thrive in from the Platform-Based Gig Workers (Registration and Welfare) Bill, 2023 recently introduced in Rajasthan Assembly.
- Collaborative Efforts: Stakeholders across sectors should collaborate to establish industry-wide standards and best practices for gig work, promoting fair treatment and equitable opportunities.
- Technology Integration: Leveraging technology can enhance access to gig opportunities and streamline processes for both workers and employers, fostering a more inclusive and efficient gig economy ecosystem.
Conclusion
- The gig economy presents both opportunities and challenges for workers and businesses alike.
- By addressing key issues and fostering a conducive regulatory environment, India can harness the full potential of the gig economy while ensuring the well-being and rights of all stakeholders involved.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Right to Abortion
Mains level: Abortion Debate: Aspects of Morality, Women's Bodily Rights
In the news
- France’s historic decision to enshrine the right to abortion in its constitution marks a pivotal moment in the global struggle for women’s reproductive rights.
- Against the backdrop of International Women’s Day, this groundbreaking amendment underscores France’s commitment to upholding women’s autonomy and healthcare choices.
Debate:
- Right to ‘Bodily Autonomy’ of Women is paramount.
- ‘Right to Life’ of the foetus is paramount.
France’s constitutional council previously upheld abortion rights based on the notion of Liberty enshrined in the 1789 Declaration of the Rights of Man. |
Why discuss this?
- The legislative journey leading to this transformative reform and its implications resonate far beyond France’s borders, resonating with ongoing debates on reproductive rights worldwide.
Abortion in France: Legislative Progression
- National Assembly and Senate Approval: Initially passed by the National Assembly in January, the amendment received unanimous support from the Senate last week, culminating in a joint parliamentary session for final ratification.
- Bipartisan Consensus: With an overwhelming majority of legislators voting in favor, the reform underscores broad bipartisan consensus on safeguarding women’s reproductive freedoms.
- Constitutional Modification: The amendment elevates abortion from a statutory right to a constitutionally guaranteed freedom, solidifying its legal protection against potential legislative changes.
Amendment Provisions
- Constitutional Revision: The amendment revises Article 34 of the French constitution, stipulating that women’s freedom to terminate pregnancies is constitutionally guaranteed.
- Preservation of Existing Rights: By mandating that future legislation uphold existing abortion laws, the amendment ensures continuity and stability in reproductive healthcare policies.
- Global Context: Acknowledging global trends of encroachment on abortion rights, the legislation reaffirms France’s commitment to resisting regressive measures that curtail women’s autonomy.
Global Implications
- Unprecedented Precedent: France becomes the first nation to embed abortion rights in its constitution, setting a groundbreaking precedent for global reproductive justice movements.
- European Landscape: Amidst escalating efforts to restrict abortion access in some European countries, France’s bold initiative offers a beacon of hope and inspiration for defenders of reproductive rights across the continent.
- European Charter of Fundamental Rights: The amendment’s resonance with fundamental rights principles may catalyze broader efforts to incorporate abortion protections into the European Charter of Fundamental Rights.
Public Reception and Political Landscape
- Public Support: Reflecting widespread public sentiment, opinion polls indicate overwhelming support for constitutionalizing abortion rights, with 81% of respondents endorsing the reform.
- Political Consensus: Unlike the polarized discourse on abortion in some countries, France’s political spectrum exhibits remarkable unity in upholding women’s reproductive autonomy.
- Criticism and Allegations: While critics decry the reform as a political maneuver by President Macron to court left-leaning factions, its substantive impact on women’s rights remains undeniable.
Global Abortion Landscape
- European Context: Against the backdrop of escalating abortion restrictions in some European nations, France’s progressive stance contrasts starkly with regressive measures adopted elsewhere.
- Global Reverberations: France’s pioneering initiative may reverberate globally, emboldening movements to advance abortion rights and combat legislative regressions worldwide.
India’s Abortion Policies
- Legal Framework: India implemented the Medical Termination of Pregnancy (MTP) Act in 1971, allowing abortions under specific conditions up to 20 weeks, with recent amendments extending the limit to 24 weeks in certain cases.
- Recent Amendments: The 2021 amendment extends the permissible gestational limit for abortions and streamlines the approval process for certain categories of pregnancies.
- Continued Advocacy: While India’s legal framework for abortion is comparatively progressive, ongoing advocacy efforts seek to further enhance access to safe and legal abortion services nationwide.
Pregnancy Laws in India:
- The Medical Termination of Pregnancy (MTP) Act, enacted on April 1, 1972, applied to all of India except Jammu and Kashmir.
- Section 312 of IPC Code, 1860, criminalizes voluntarily causing miscarriage, even with the pregnant woman’s consent, except to save her life, leading to potential prosecution for abortion.
- The MTP Act, 1971, permitted pregnancy termination in two stages:
- Up to 12 weeks after conception, abortion required a single doctor’s opinion.
- Between 12 to 20 weeks, two doctors’ opinions determined if continuing the pregnancy posed risks to the woman’s life or mental/physical health or if the child would be seriously handicapped.
Amendments in 2021:
- The law now allows abortions up to 20 weeks based on one doctor’s advice.
- For pregnancies between 20 to 24 weeks, two doctors’ opinions are needed.
- Specific categories eligible for termination under section 3B of the MTP Act rules include survivors of sexual assault, minors, marital status changes, physically disabled women, mentally ill women, foetuses with severe abnormalities, and pregnancies in humanitarian settings.
|
Conclusion
- By embedding abortion rights within its constitutional fabric, France sets a transformative precedent for advancing women’s autonomy and healthcare choices worldwide.
- As the international community grapples with escalating threats to reproductive rights, France’s bold stance offers a beacon of hope and solidarity for women everywhere, underscoring the imperative of safeguarding reproductive freedoms as fundamental human rights.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: MC13, WTO
Mains level: Read the attached story
In the news
- The 13th Ministerial Conference (MC13) of the World Trade Organization (WTO) convened in Abu Dhabi, UAE, from February 26 to March 2, drawing participation from 166 member countries.
- The conference culminated in the adoption of a ministerial declaration outlining a reform agenda to bolster the WTO’s role in regulating global trade and facilitating seamless cross-border commerce.
About World Trade Organization (WTO)
|
Details |
| Establishment |
1995, replacing GATT |
| Objective |
To regulate international trade |
| Headquarters |
Geneva, Switzerland |
| Members |
- 164
- India is a Founding Member.
|
| Objectives |
- Formulate rules for trade
- Negotiate further liberalization
- Settle disputes
- Assist developing countries
- Cooperate with major economic institutions
|
| Principles |
- Non-Discrimination
- Most Favored Nation
- National Treatment
- Reciprocity
- Predictability through Binding Commitments
- Transparency
- Encourage Development and Reforms
|
| Important Trade Agreements |
- Agreement on Agriculture (AoA),
- Agreement on TRIPS (Trade-Related Aspects of Intellectual Property Rights),
- Agreement on the Application of Sanitary and Phytosanitary Measures (SPS),
- Agreement on Technical Barriers to Trade (TBT),
- Agreement on Trade-Related Investment Measures (TRIMS),
- General Agreement on Trade in Services (GATS) etc.
|
| WTO Agreement on Agriculture (AoA) |
- Negotiated during Uruguay Round (1995)
- Aims to reform trade in agriculture
- Allows support for rural economies with fewer trade “distortions”
- Focuses on improving market access, reducing subsidies, and eliminating export subsidies
Subsidies Types:
- Green Box – No distortion in trade
- Amber Box – Can distort production and trade (subject to limits)
- Blue Box – Subsidies linked to production-limiting programs
|
| Most Favoured Nation Clause |
- Ensures non-discriminatory trade
- Prevents discrimination among trade partners
- First clause in GATT
- Special trade statuses extended to all WTO members
|
Key Decisions at MC13
- Dispute Settlement System: Member countries reaffirmed their commitment to establishing a fully functional dispute settlement system by 2024.
- Special and Differential Treatment (S&DT): Emphasis was placed on enhancing the utilization of S&DT provisions to support the development objectives of developing and least developed countries (LDCs).
Challenges to Multilateral Trading Order
- Rising Protectionism: Developed economies, amid growing domestic pressures, have exhibited a propensity towards protectionist policies, challenging the prevailing globalized trade paradigm.
- Supply Chain Disruptions: Ongoing conflicts and sanctions have disrupted global supply chains, necessitating a reassessment of trade norms to ensure resilience and efficiency.
- Development Disparities: Concerns persist regarding the equitable treatment of nations, with attention directed towards mitigating disparities between richer nations and LDCs.
India’s Approach
- Public Stockholding (PSH) Programme: India advocated for a resolution concerning the PSH program, crucial for ensuring food security. The program enables the procurement and distribution of essential food grains to millions of beneficiaries at subsidized rates.
- Fisheries Subsidies: India proposed measures to regulate fisheries subsidies, advocating for support to poor fishermen within national waters while curbing subsidies for industrial fishing in international waters.
- E-commerce Customs Duties: India pressed for the removal of the moratorium on customs duties for cross-border e-commerce, citing the need to safeguard revenue generation in the digital trade landscape.
Outcomes
- Agriculture: MC13 witnessed the formulation of a text addressing agricultural issues, marking a significant milestone after decades of negotiations.
- Fisheries: Progress towards consensus on fisheries regulations was noted, with expectations of finalization by mid-year.
- E-commerce Duties: Despite efforts, the exemption from customs duties for e-commerce transactions was extended for an additional two years, disappointing several developing economies.
Conclusion
- The outcomes of MC13 underscore the imperative for collaborative efforts to address pressing challenges in global trade.
- While strides were made in certain areas such as agriculture and fisheries, unresolved issues surrounding e-commerce and development disparities persist.
- As nations navigate the evolving trade landscape, sustained dialogue and concerted action are essential to foster inclusive and sustainable economic growth worldwide.
Try this PYQ from CSE Prelims 2015:
The terms ‘Agreement on Agriculture’, ‘Agreement on the Application of Sanitary and Phytosanitary Measures’ and Peace Clause’ appear in the news frequently in the context of the affairs of the:
(a) Food and Agriculture Organization
(b) United Nations Framework Conference on Climate Change
(c) World Trade Organization
(d) United Nations Environment Programme
Post your response here.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Human Genomics, Gene Editing, Genetic Surveys
Mains level: Read the attached story
In the news
- The field of genomics has witnessed remarkable progress over the last two decades, marked by significant advancements in sequencing, analysis, and interpretation of genomes.
- As costs continue to decline, the next decade is set to witness widespread integration of genome sequencing in clinical settings, offering unprecedented opportunities alongside new challenges.
India’s Progress in Human Genomics
- Milestones: India has achieved notable milestones in genomics, from the first genome sequencing in 2009 to the recent completion of sequencing 10,000 genomes. These endeavours have provided valuable insights into disease prevalence and catalyzed research and decision-making.
- Population Diversity: With a diverse population exceeding 1.4 billion, India holds immense potential for genomic research. However, realizing this potential requires ambitious yet pragmatic strategies to ensure inclusivity and equitable access to genomic benefits.
Challenges in the field
- Lack of Data Protection Laws: Absence of robust data protection laws raises concerns about privacy and security of genetic information.
- Fragmented Genetic Data: Fragmentation of genetic data across organizations hampers accessibility for public health decision-making.
- Discrimination Risks: Absence of laws against genetic discrimination exposes individuals to risks in areas like insurance and employment.
- Equity Concerns: Unregulated market forces may exacerbate healthcare disparities, particularly affecting marginalized communities.
Opportunities in Leveraging Genomics in India
- Advancements in Genome Sequencing: Milestones like sequencing 10,000 genomes offer insights into disease prevalence and accelerate research.
- Diverse Population Base: India’s diverse population provides a rich source of data for understanding genetic variations and disease susceptibilities.
- Cost-effective Testing Potential: Aggregating genetic data can enable the development of affordable genetic tests for early disease detection.
- Ethical Framework Development: Prioritizing the development of ethical frameworks ensures responsible use of genomic technologies and fosters public trust.
- Healthcare Transformation: Genomics has the potential to revolutionize healthcare delivery, offering personalized treatment approaches and improved health outcomes.
Ethical Considerations and Equity
- Ethical Use of Technology: Ensuring ethical use of genomic technology is paramount to safeguarding individual rights and promoting equitable access to healthcare. Evidence-based guidelines and mechanisms to ensure the quality and validity of genomic tests are essential.
- Equity and Diversity: Addressing disparities in access to genomic data and healthcare services is critical, particularly in a diverse country like India. Unregulated market forces could exacerbate existing barriers, widening disparities in healthcare access and research opportunities.
Way Forward for India
- Role of Regulations: Effective regulations and policies foster trust among stakeholders, encouraging collaboration and innovation in genomic research.
- Potential of Genomics: With proper oversight, genomic research can revolutionize healthcare by offering personalized treatments, disease prevention strategies, and diagnostic tools.
- India’s Leadership Potential: India has the opportunity to lead in genomic research by enabling access to genomic technologies on a mass scale, contributing to a healthier future for its people
Conclusion
- The advancement of human genomics holds immense potential to transform healthcare and improve outcomes.
- However, realizing this potential requires concerted efforts to address regulatory gaps, promote equity and diversity, and ensure ethical use of genomic technologies.
- With the right guidance and policies, India can emerge as a leader in genomic research, paving the way for a healthier and more prosperous future for its citizens.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Quo Warranto, Writ Jurisdiction
Mains level: Read the attached story
In the news
- In a noteworthy observation, Justice Anita Sumanth of the Madras High Court delved into the complex interplay between caste, societal benefits, and historical contexts while addressing quo warranto pleas against three lawmakers.
- Her remarks shed light on the multifaceted nature of caste dynamics in contemporary Tamil Nadu.
Quo Warranto: A Writ Jurisdiction
- Definition: This legal remedy allows the court to investigate the legality of an individual’s claim to a public office, preventing unauthorized individuals from unlawfully occupying such positions.
- Scope: It applies to substantive public offices of a permanent nature established by statute or the Constitution, excluding ministerial or private roles.
- Applicability: Unlike other writs, Quo Warranto can be sought by any interested party, not limited to the aggrieved party.
Constitutional Provisions
- Authority: The power to issue writs, including Quo Warranto, was bestowed upon the Supreme Court (Article 32) and High Courts (Article 226) by the Constitution.
- Objective: Quo Warranto aims to halt usurpers from wrongfully holding public office and exercising its privileges without lawful authority.
Conditions for Issuing Quo Warranto
- Public Office: The office in question must be public, established by law or the Constitution.
- Permanent Tenure: It should entail permanent tenure not subject to arbitrary termination.
- Actual Possession: The individual against whom the writ is sought must have the office and actively utilizing its powers.
- Disqualification: Quo Warranto can also be issued if a disqualified individual continues to hold the office illegally.
Circumstances for Refusal
- Ineffectiveness: The court may refuse to grant Quo Warranto if its intervention would not alter the outcome or if the situation is deemed inconsequential.
- Non-public Office: If the office in question is private, the writ cannot be issued.
Landmark Judgments
- Jamalpur Arya Samaj Sabha vs. Dr. D Rama (1954): The court declined to issue the writ against a private entity, emphasizing its inapplicability to non-public offices.
- Niranjan Kumar Goenka vs. The University of Bihar, Muzzfarpur (1971): Established that Quo Warranto cannot be invoked against individuals not holding a public office.
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Judicial Insights on Castes
- Caste and State Benefits: Justice Sumanth highlighted the nexus between caste-based divisions and state-provided benefits, suggesting that the fervour surrounding caste issues is fueled by socio-economic advantages conferred by the state on different caste groups.
- Historical Perspective: While acknowledging the prevalence of caste divisions in society, the judge emphasized that the present-day caste system is relatively recent, tracing its origins to less than a century ago, rather than being solely rooted in ancient Varna Dharma principles.
- Varna Dharma vs. Caste System: Drawing a distinction, Justice Sumanth elucidated that Varna Dharma, historically, delineated societal roles based on occupation rather than birth, contrasting it with the entrenched birth-based caste system prevalent today.
Societal Realities
- Cacophony of Castes: Tamil Nadu, with its 370 registered castes, witnesses a cacophony of societal pressures and pulls from various caste groups, reflecting the complexities of caste dynamics in the state.
- Benefits and Ferocity: The judge noted that the ferocity among different caste groups partly stems from the benefits accorded to them by the state, raising questions about the fairness and equity of resource distribution.
Key Recommendations
- Acknowledgment of Past Injustices: While refraining from detailing past atrocities, the judge emphasized the need for acknowledging and deprecating historical injustices, calling for ongoing efforts towards repair and damage control.
- Forward-looking Approach: Justice Sumanth advocated for sincere introspection among lawmakers to evolve methods for correcting injustices and fostering equality in the present and future.
Conclusion
- In her nuanced reflections, Justice Sumanth highlighted the need for a holistic approach towards addressing caste-related issues.
- She emphasized the importance of societal introspection, equitable resource distribution, and leadership accountability in fostering a more inclusive and just society.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Geological Time Scale, Anthropocene Epoch
Mains level: Human Determinism and Geological Time Scale
In the news
- The proposal to declare the start of the Anthropocene Epoch, signifying the impact of human activity on Earth’s geological history, has sparked debate among scientists.
- Despite mounting evidence of human-induced changes to the planet, a recent vote by a scientific committee has rejected the notion.
Understanding Geological Time
- Geologic Time Scale: Geoscientists use the Geologic Time Scale (GTS) to measure Earth’s history, categorizing it into aeons, eras, periods, epochs, and ages.
- Chronostratigraphic Classification: The GTS is based on chronostratigraphic units, marked by significant geological events, shaping the planet’s conditions.
The Proposed ‘Human Epoch’
- Holocene Epoch: The Holocene began approximately 11,700 years ago, following the Last Glacial Period, coinciding with the rise of human civilization.
- Anthropocene Proposal: The Anthropocene concept suggests that human activities have altered Earth significantly, warranting recognition as a distinct geological epoch.
Understanding the Anthropocene Epoch
- Coined Term: The Anthropocene epoch was first coined by Nobel Prize-winning chemist Paul Crutzen and biology professor Eugene Stoermer in 2000.
- Human Impact: The Anthropocene represents the geological time interval characterized by radical changes in the Earth’s ecosystem due to human impact, particularly since the onset of the Industrial Revolution.
- Environmental Changes: Numerous phenomena associated with the Anthropocene include global warming, sea-level rise, ocean acidification, mass-scale soil erosion, deadly heat waves, and environmental deterioration.
- Geological Strata: The AWG’s website states that these changes are reflected in a distinctive body of geological strata, with the potential to be preserved into the far future.
Rejection of the Proposal
- Scientific Deliberations: Despite the Anthropocene Working Group’s proposal, the Subcommission on Quaternary Stratigraphy voted against declaring the Anthropocene epoch.
- Criticism and Concerns: Critics argue against defining the Anthropocene based on recent events, questioning the significance of the proposed start date and the boundary between epochs.
Geological Implications
- Definition of Epochs: The rejection highlights the challenge of defining geological epochs based on human-induced changes, given the traditional criteria for epoch delineation.
- Permanence and Recognition: While the vote does not negate human impact on the planet, it raises questions about the formal recognition of the Anthropocene as a distinct epoch.
Future of the Anthropocene Concept
- Beyond Epochs: Some scientists propose viewing the Anthropocene as an “event” rather than a formal epoch, acknowledging its transformative nature without conforming to traditional geological classifications.
- Relevance and Recognition: Regardless of formal classification, the concept of the Anthropocene underscores the profound impact of human activity on Earth’s systems, shaping discussions on environmental stewardship and sustainability.
Back2Basics: Geological Time Scale
- The Geological Time Scale is a system used by geologists and palaeontologists to divide Earth’s history into distinct time intervals based on significant geological and biological events.
- It provides a framework for organizing and understanding the vast expanse of time since the formation of the Earth, approximately 4.6 billion years ago, up to the present day.
- The Scale is divided into several hierarchical units, including eons, eras, periods, epochs, and ages.
Here is a simplified overview of the major divisions:
(1) Eon: The largest division of time on the Geological Time Scale. The history of Earth is typically divided into four eons:
- Hadean Eon: Represents the earliest stage of Earth’s history, from its formation to around 4 billion years ago.
- Archean Eon: Covers the period from around 4 billion to 2.5 billion years ago. It includes the formation of the Earth’s crust, the emergence of life, and the development of the first continents.
- Proterozoic Eon: Encompasses the time between 2.5 billion and 541 million years ago. It includes significant evolutionary developments, such as the emergence of complex multicellular life.
- Phanerozoic Eon: The current eon, spanning from 541 million years ago to the present. It is further divided into eras.
(2) Era: The second-largest division of time, encompassing longer periods of geological history within an eon. The Phanerozoic Eon is divided into three eras:
- Paleozoic Era: Covers the time from 541 million to 252 million years ago. It is known for the diversification of life, including the appearance of complex marine organisms, fish, insects, and the first terrestrial plants.
- Mesozoic Era: Spans from 252 million to 66 million years ago. It is often referred to as the “Age of Reptiles” and includes the dominance of dinosaurs, as well as the rise of mammals and birds.
- Cenozoic Era: Extends from 66 million years ago to the present. It is sometimes called the “Age of Mammals” and includes the diversification and proliferation of mammals, the appearance of humans, and the development of modern ecosystems.
(3) Period: A subdivision of an era, representing a distinct interval of time characterized by specific geological and biological events. For example:
- The Paleozoic Era is divided into periods such as the Cambrian, Ordovician, Silurian, Devonian, Carboniferous, and Permian.
- The Mesozoic Era is divided into periods including the Triassic, Jurassic, and Cretaceous.
- The Cenozoic Era is divided into periods such as the Paleogene, Neogene, and Quaternary.
(4) Epoch: A smaller subdivision of a period, representing a shorter interval of time. Epochs are defined by more localized geological and biological changes.
(5) Age: The smallest division of time on the Geological Time Scale. Ages represent relatively brief periods, often defined by specific fossil or rock layers.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Nikshay Poshan Yojana , Nikshay Mitra
Mains level: Gendered Lens on TB Care
In the news: Case Study
- The intersection of gender norms, economic instability, and homelessness presents unique challenges in accessing tuberculosis (TB) care for women like Reshma.
- Amidst systemic inequities and societal biases, their journey through diagnosis, treatment, and recovery is often fraught with obstacles.
- A recent study sheds light on the nuanced experiences of homeless women grappling with TB, urging a reevaluation of existing healthcare frameworks.
Gendered Lens on TB Care
- Reshma’s Story: Reshma, a homeless woman from Jaipur, embodies the complex narratives surrounding TB care. Her journey, marked by societal abandonment and inadequate healthcare, epitomizes the challenges faced by homeless women battling TB.
- Gender Norms and Diagnosis: Patriarchal norms influence the accuracy and timeliness of TB diagnosis for women, impacting their access to healthcare facilities and adherence to treatment regimens.
- Impact of Economic Precarity: Economic instability exacerbates the vulnerability of homeless women, hindering their ability to navigate TB care pathways effectively.
Data Insights and Inequities
- Study Findings: A recent survey in Jaipur highlighted the prevalence of TB among the homeless population, underscoring the dire conditions that facilitate TB transmission.
- Gender Disparities: Homeless women, like Reshma, bear a disproportionate burden of TB infections, revealing systemic gender inequities within TB care systems.
Barriers to Access and Treatment
- Documentation Challenges: Lack of identity proof and access to banking services impedes homeless women’s eligibility for government-sponsored TB care Initiatives, such as the Nikshay Poshan Yojana and Nikshay Mitra.
- Stigma and Social Dynamics: Societal stigma surrounding TB, coupled with patriarchal control over finances, further marginalizes homeless women, hindering their access to nutritional support and treatment adherence.
Navigating Diagnosis and Care
- Diagnostic Delays: Vague symptoms and logistical barriers contribute to delayed TB diagnosis among homeless women, prolonging their suffering and increasing the risk of disease progression.
- Treatment Adherence: Mobility constraints and medication shortages undermine treatment adherence among homeless women, necessitating tailored interventions to address their unique needs.
Way Forward
- Inclusive Healthcare Policies: Recognizing the intersectionality of homelessness and gender within TB care, policymakers must prioritize the rights and well-being of homeless women in national TB eradication initiatives.
- Investment in Care Ecosystems: A comprehensive approach to TB care for homeless women requires increased investment in counselling, tracking, and support services, acknowledging the heightened challenges they face in accessing and adhering to treatment protocols.
Conclusion
- Addressing the multifaceted challenges faced by homeless women in accessing TB care demands a concerted effort to dismantle gender biases, mitigate economic disparities, and foster inclusive healthcare ecosystems.
- By prioritizing equity and empowerment, policymakers can pave the way for a more just and effective TB care paradigm for all individuals, regardless of their socioeconomic status or gender identity.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Indian women in STEM
Mains level: Read the attached story
In the news
- As Women’s Day (8th March) approaches, the spotlight turns to women scientists throughout history who shattered glass ceilings and left indelible marks on the scientific landscape.
- Their stories advocate for inclusivity, diversity, and equality within the realm of science.
- Celebrating Women Scientists: Initiatives like Vigyan Prasar’s resource book profiling Indian women scientists and anthologies like “Lilavati’s Daughters” and “Gutsy Girls of Science” highlight the achievements and struggles of women in science, providing inspiration for future generations.
- Biographical Works: Books like “Janaki Ammal: Life and Scientific Contributions” and “Chromosome Woman, Nomad Scientist” delve into the extraordinary lives of pioneering women like E.K. Janaki Ammal, offering insights into their groundbreaking research and battles against sexism, casteism, and racism.
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Gender Disparity in Indian Science
- Underrepresentation in Leadership: The Indian Academy of Sciences, founded by Nobel Laureate C.V. Raman in 1934, has never been led by a woman scientist. Statistics reveal that women comprise only 14% of India’s working scientists, with a meager 15% representation among faculty members in research institutes nationwide.
- Shanti Swarup Bhatnagar Prize: Over 65 years, only 20 women scientists have been honoured with India’s prestigious SSB Prize for Science & Technology, despite 571 total recipients.
Status of Women in STEM: A Global Perspective
- Global Gender Gap: India’s STEM workforce comprises only 27% women, compared to 32% in non-STEM fields, highlighting disparities in gender representation.
- Research Participation: Worldwide, women constitute only 33% of researchers, with even lower representation in engineering and technology sectors.
- Educational Disparity: A gender gap persists in STEM education, with only 18% of girls pursuing higher-level STEM studies, compared to 35% of boys.
List of Notable Women Scientists mentioned in the News Article
- Gagandeep Kang: Known for her work in the field of microbiology and vaccine development, particularly in studying the epidemiology of rotavirus and other infectious diseases prevalent in India.
- Kiran Mazumdar-Shaw: A prominent figure in the biotechnology industry, she founded Biocon, one of India’s leading biotechnology companies, and has contributed significantly to the development of affordable biopharmaceuticals and healthcare solutions.
- Rohini Godbole: Renowned theoretical physicist known for her research in high-energy physics, particularly in the field of particle phenomenology and collider physics. She has also been actively involved in promoting science education and gender equality in STEM fields.
- Prajval Shastri Majumdar: Notable astrophysicist known for her research on the formation and evolution of galaxies, active galactic nuclei, and black holes. She has made significant contributions to understanding the dynamics of the universe through her work in observational astronomy.
- Kamala Sohonie: A pioneering biochemist, she was the first Indian woman to receive a Ph.D. in the field of science. Her research focused on enzymology and biochemistry, particularly in understanding the metabolism of nitrogen-containing compounds in bacteria.
- Lilavati (referred to in “Lilavati’s Daughters: The Women Scientists of India” anthology): Lilavati is a legendary figure in Indian mathematics, known for her contributions to algebra and arithmetic. Her legacy has inspired generations of mathematicians and scientists.
- Archana Sharma: A renowned cytogeneticist known for her research in understanding chromosomal abnormalities and genetic disorders. She has contributed significantly to the field of genetics and genetic counseling.
- E.K. Janaki Ammal: An eminent botanist known for her research on plant breeding, genetics, and taxonomy. She made significant contributions to understanding the diversity of plant species in India and played a crucial role in the conservation of plant biodiversity.
- Bibha Chowdhuri: A pioneering physicist known for her research in cosmic ray physics and particle physics. She made significant contributions to understanding the properties of cosmic rays and their interactions with matter.
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Significance of Women’s Participation in STEM
- Economic Growth: Women’s involvement in STEM fields can catalyze economic growth, with potential GDP gains of up to 10% reported in studies.
- Gender Diversity: Enhancing female representation fosters diversity and inclusivity, enriching scientific discourse and innovation.
- Targeted Interventions: Involving women in research ensures the relevance and applicability of scientific outcomes to diverse communities.
- Inclusive Decision Making: Women’s perspectives contribute valuable insights to scientific research, leading to more informed decision-making processes.
- Sustainable Development Goals (SDGs): STEM empowerment aligns with SDG 5, promoting gender equality and women’s access to transformative technologies.
Challenges Faced by Women
- Implicit and Explicit Biases: Women scientists encounter biases suggesting their unsuitability for scientific pursuits, perpetuating the Matilda Effect wherein their achievements are undervalued, leading to discrimination in perks, promotions, and opportunities.
- Societal Stereotypes: Deep-rooted stereotypes perpetuate the notion that certain STEM fields are inherently male-dominated, discouraging women from pursuing these careers.
- Lack of Role Models: Limited visibility of female role models hinders aspiring women scientists from envisioning themselves in STEM leadership roles.
- Self-Efficacy Gap: Gender disparities in self-efficacy beliefs create barriers for women, affecting their confidence to pursue STEM disciplines.
- Work-Life Balance: Dual responsibilities and societal expectations impede women’s career progression in STEM, necessitating flexible policies and support systems.
- Systemic Discrimination: Bias and discrimination in educational institutions and workplaces perpetuate the underrepresentation of women in STEM.
Government Initiatives for Women in STEM
- STI Policy by DST: The Science, Technology, and Innovation (STI) policy aims to achieve 30% women’s participation in science and technology by 2030, with significant strides in women’s leadership roles.
- Indo-US Fellowship: International collaborative research opportunities empower women scientists to expand their horizons and contribute to global scientific endeavors.
- Vigyan Jyoti: Initiatives like Vigyan Jyoti encourage young girls to pursue STEM education, addressing gender disparities from an early age.
- Gender Advancement Programs: GATI and KIRAN initiatives focus on creating gender-sensitive institutions and providing career opportunities for women in S&T.
- CURIE Initiative: The CURIE program supports the development of research infrastructure in women’s universities, fostering a conducive environment for women’s participation in R&D.
- SWATI Portal: It is aimed at creating a single online portal representing Indian Women and Girls in STEMM. It is a complete interactive database.
Way Forward
- Continued Advocacy: Initiatives and publications spotlighting women scientists serve as reminders of the ongoing need for advocacy and support to address gender inequality in the scientific community.
- Redefining the Culture in STEM: Mandating women’s representation in boards, implementing women-centric mentoring programs, and providing flexible work setups and childcare support.
- Investment in Women-Only Institutions: Establishing women’s technology parks and institutions to address specific challenges faced by women in STEM.
- Paid Internships: Encouraging states to offer paid internships to girl science students, particularly in rural areas, to enhance their participation in STEM.
- Positive Parenting: Fostering supportive environments at home to challenge stereotypical perceptions and inspire young girls to pursue careers in STEM.
Conclusion
- As Women’s Day approaches, reflections on the contributions and struggles of women scientists underscore the importance of fostering inclusivity, diversity, and equality within the scientific community.
- By celebrating their achievements and advocating for systemic changes, we pave the way for a more equitable and empowering future for women in science.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 371A, Sixth Schedule
Mains level: Read the attached story
In the news
- A shutdown and protest rally in Ladakh recently demanded statehood for the newly created Union Territory (UT) and its inclusion in the Sixth Schedule of the Constitution.
- This highlights a broader issue concerning governance and autonomy in the region.
Centre’s Offer to Ladakh Representatives
- Article 371-like Protections: MHA offered to extend Article 371-like protections to Ladakh, addressing concerns raised by the Leh Apex Body (ABL) and the Kargil Democratic Alliance (KDA).
- Exclusion from Sixth Schedule: While acknowledging concerns, the government opts against including Ladakh in the Sixth Schedule, indicating a different approach to address regional issues.
Background: Ladakh’s Governance Post Article 370 Repeal
- Recognition as Union Territory: Post the repeal of Article 370, Ladakh was recognized as a separate Union Territory “without legislature,” akin to UTs like New Delhi and Pondicherry.
- Demand for Sixth Schedule Inclusion: Organizations like ABL and KDA have advocated for Ladakh’s inclusion under the Sixth Schedule, seeking greater autonomy in governance.
What is the Sixth Schedule?
- Article 244 in Part X of the Constitution outlines a special system of administration for designated ‘scheduled areas’ and ‘tribal areas.’
- The Fifth Schedule deals with scheduled areas and tribes in states except Assam, Meghalaya, Tripura, and Mizoram (ATM2).
- The Sixth Schedule focuses on tribal areas in these four northeastern states.
Salient Features of Sixth Schedule:
(1) Autonomous Districts
- Tribal areas are constituted as autonomous districts within the executive authority of the state.
- The governor holds powers to organize and re-organize these districts, including boundary changes and division into autonomous regions.
(2) District and Regional Councils:
- Each district council consists of 30 members, including nominated and elected
- Regional councils also exist within autonomous regions.
- These councils administer areas under their jurisdiction, making laws on specific matters with the governor’s assent.
- They can establish village councils or courts for dispute resolution, with specified jurisdiction over appeals.
- District councils manage various facilities and services within their areas, including education and healthcare.
- They also have the authority to impose taxes and regulate certain activities.
(3) Laws Exemptions and Modifications:
- Acts of Parliament or state legislatures may not apply directly or may apply with modifications.
- The president or governor holds the power of direction in this regard, depending on the region.
(4) Governor’s Authority:
- The governor may appoint a commission to examine and report on matters concerning autonomous districts or regions.
- He/she also has the authority to dissolve a district or regional council based on commission recommendations.
Tribal Areas under Sixth Schedule
- Assam: North Cachar Hills District, Karbi Anglong District, Bodoland Territorial Areas District.
- Meghalaya: Khasi Hills District, Jaintia Hills District, Garo Hills District.
- Tripura: Tripura Tribal Areas District.
- Mizoram: Chakma District, Mara District, Lai District.
Reasons for such Demands in Ladakh
- Cultural Autonomy: Tribes in Assam, Meghalaya, Tripura, and Mizoram maintain distinct cultures, customs, and civilizations. Unlike tribes in other parts of India, they have not assimilated much with the majority population.
- Meeting tribal aspiration: The Parliamentary standing committee recommended including of Ladakh in the Sixth Schedule because its tribal communities account for 79.61% of its total population.
- Autonomy and self-governance: Extending the Sixth Schedule to Ladakh could provide greater autonomy and self-governance to the local tribal communities.
- Cultural preservation: It could also help to protect the unique cultural identity of the local communities and preserve their traditional practices and customs.
Challenges posed by this demand
- Fragmentation: The demand to extend the Sixth Schedule to Ladakh has faced some opposition from certain quarters, who argue that it could lead to further fragmentation of the region and create new administrative challenges.
- Losing political capital: There are also concerns over the potential impact of the demand on the political and administrative structure of the region.
Conclusion
- While stopping short of Sixth Schedule inclusion, MHA’s move demonstrates a commitment to balancing local autonomy with national governance priorities.
- If implemented, it would mark the first instance of special provisions being introduced for a Union Territory, potentially setting a precedent for future governance arrangements in such regions.
Try this PYQ from CSE Prelim 2015:
Q.The provisions in the Fifth Schedule and Sixth Schedule in the Constitution of India are made to:
(a) Protect the interests of Scheduled Tribes
(b) Determine the boundaries between states
(c) Determine the powers, authorities, and responsibilities of Panchayats
(d) Protect the interests of all the Border States
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Solar Energy Transition
In the news
- Following two years of robust growth, India’s solar capacity additions sharply declined by 44% in 2023, the lowest since 2016.
- What triggered this slowdown, and will this trend persist? Let’s explore.
Solar Capacity Addition in 2023
- Decline in Capacity: India added 7.5 gigawatts (GW) of solar power capacity in 2023, a significant drop from the previous year’s record of 13.4 GW. This marked the lowest levels since 2016, except for the pandemic-affected 2020.
- Large-scale Projects Hit Hard: Capacity additions in large solar power projects declined by over 50% to 5.8 GW from 11.7 GW in 2022. However, rooftop solar power capacity continued to grow by 1.7 GW, consistent with 2022 levels.
- Cumulative Capacity: India’s cumulative solar power capacity reached 72 GW by the end of 2023, with large-scale projects contributing over 60 GW.
Reasons for the Decline
- Regulatory Hurdles: Solar power producers faced regulatory hurdles, including stricter grid connectivity rules and a Supreme Court directive in 2021 mandating the relocation of overhead power cables to protect the Great Indian Bustard habitats.
- Challenges in Compliance: Compliance with amended grid code provisions became more demanding, leading to delays in project execution. Land acquisition challenges also persisted, further delaying project timelines.
Outlook for 2024
- Temporary Setback: The decline in solar capacity addition in 2023 appears to be a temporary setback. The pipeline for 2024 is robust, with 105.3 GW of capacity planned, including an additional 70.6 GW awaiting auction.
- Delayed Projects: Large-scale projects that were delayed and granted extensions from December 2022 to June 2023 will contribute significantly to capacity additions in 2024.
Impact of ‘Make in India’
- Reduction in Imports: India’s solar capacity initially relied on imported cells from China. However, the imposition of customs duties on imported solar modules and cells led to a significant decline in imports.
- Promoting Local Manufacturing: The introduction of the Approved List of Models and Manufacturers (ALMM) enabled local manufacturers to participate in government bids. However, the ALMM mandate was suspended until April 2024 to maintain momentum in solar installations.
Alignment with India’s Energy Targets
- Renewable Energy Capacity: In 2023, India’s renewable energy capacity exceeded 180 GW, with solar contributing 40%. Despite missing the initial targets due to the pandemic, India achieved 60 GW of large-scale solar projects a year later.
- Future Targets: India aims to achieve a renewable energy target of nearly 600 GW by 2032, with solar accounting for 365 GW. To meet this target, 30 GW of fresh solar capacity must be added annually for the next 8 years.
Various Policy Initiatives
- Solar Park Scheme (2014): Initiated in, the Solar Park Scheme aims to develop a series of solar parks, each with a capacity of around 500 MW, across various states.
- Rooftop Solar Scheme (2016): The Rooftop Solar Scheme endeavours to harness solar power by installing solar panels on residential rooftops.
- National Solar Mission (2010): The National Solar Mission stands as a crucial endeavor by both the Indian government and state authorities to foster sustainable development and tackle energy security challenges.
- SRISTI Scheme (2018): The SRISTI Scheme is formulated to encourage the implementation of rooftop solar power projects in India, promoting sustainability.
- International Solar Alliance (2015): Formed in 2015, the International Solar Alliance serves as a collaborative platform promoting the adoption of solar energy technologies through member-driven initiatives.
- Kisan Urja Suraksha evam Utthaan Mahabhiyan (2019): Launched by the Ministry of New and Renewable Energy (MNRE) in 2019, the PM-KUSUM scheme aims to facilitate the deployment of off-grid solar pumps in rural areas and reduce reliance on the grid in connected regions.
Conclusion
- Despite the temporary slowdown, India remains committed to expanding its solar capacity to meet its ambitious renewable energy targets and contribute to global sustainability efforts.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Digital Markets Act , Gatekeepers
Mains level: Regulation of global tech giants
In the news
- The Digital Markets Act (DMA) marks a significant milestone for the European Union (EU) as it reinforces its role as a global trendsetter in regulating the tech industry.
- With its implementation, six tech giants designated as “gatekeepers” – Amazon, Apple, Google parent Alphabet, Meta, Microsoft, and TikTok owner ByteDance – are required to adhere to new regulations.
EU’s Leadership in Tech Regulation
- Pioneering Regulations: The EU has a history of imposing significant fines on tech giants, enforcing strict antitrust rules, and pioneering norms to regulate social media and artificial intelligence.
- Global Impact: The DMA sets a precedent for tech regulation worldwide, with countries like Japan, Britain, Mexico, South Korea, Australia, Brazil, and India drafting similar rules to prevent tech dominance in digital markets.
Key Provisions of the DMA
- Regulated Services: The DMA targets 22 services, including operating systems, messenger apps, social media platforms, and search engines, offered by the designated tech gatekeepers.
- Penalties for Non-Compliance: Tech companies face hefty fines of up to 20% of their annual global revenue for repeated violations or potential breakup for systematic infringements.
Implications for Tech Giants
- Shift in Business Practices: Tech giants are compelled to adapt their business models to comply with the DMA, such as Apple’s decision to allow iPhone users to download apps from sources outside its App Store.
- Reduced Monopolistic Practices: The DMA aims to curtail monopolistic practices by providing users with choices for default browsers, search engines, and app sources.
Challenges and Criticisms
- Security Risks: While Apple’s decision to allow app downloads outside its App Store offers more freedom to users, it also raises concerns about potential security risks associated with third-party sources.
- Market Fragmentation: Critics argue that additional fees imposed by tech giants for alternative app sources may deter developers, leading to market fragmentation and hindering competition.
- Consumer Awareness: Despite offering choice screens for default services, smaller players like Ecosia raise concerns that users may stick with familiar options due to lack of awareness about alternatives.
EU’s Vigilance and Future Outlook
- Regulatory Oversight: EU competition Chief Margrethe Vestager emphasizes close scrutiny to ensure tech firms comply with DMA regulations and prevent circumvention of rules.
- Consumer Choice: The DMA prioritizes consumer choice by allowing users to select default services and promoting competition among tech companies.
- Continuous Evaluation: The effectiveness of DMA regulations will be continuously evaluated to address emerging challenges and ensure a fair and competitive digital ecosystem.
Application in India: Unique Considerations
- Market Dynamics: India’s digital market differs significantly from the EU, with distinct internet penetration levels, consumer preferences, and regulatory challenges.
- Debate on Ex-Ante Regulation: The EU’s adoption of ex-ante regulations raises questions about its applicability in India and the need for tailored approaches to address local market dynamics.
- Ground Realities: Legal experts emphasize the importance of aligning regulatory frameworks with ground realities and testing laws in local contexts to ensure effective implementation.
Way Forward: Tailored Solutions for India
- Customized Regulation: India’s DMA should be crafted in consultation with businesses and consumers to address the country’s unique market dynamics and regulatory challenges.
- Pragmatic Approach: Regulatory frameworks must be flexible and responsive to ground realities, ensuring that laws effectively address local needs and promote competition and innovation.
Conclusion
- The DMA represents a significant step towards promoting fair competition and consumer empowerment in the digital landscape.
- As the EU leads the way in tech regulation, the DMA’s implementation will have far-reaching implications globally, shaping the behavior of tech giants and safeguarding consumer interests in an increasingly digitized world.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Marxism, Leninism, Maoism
Mains level: Concept of Urban Naxals, Left Wing Idea of Development
In the news
- The Nagpur Bench of the Bombay High Court recently acquitted a former Delhi University professor and five others in a case under the Unlawful Activities (Prevention) Act (UAPA) for alleged Maoist links.
- The Maharashtra government swiftly approached the Supreme Court seeking an urgent hearing after failing to secure a stay on the High Court’s judgment.
CSE Mains Questions based on Left Wing Extremism (LWE):
Note: Almost every alternate year, a question on LWE has been asked in the Mains.
- 2015: The persisting drives of the government for development of large industries in backward areas have resulted in isolating the tribal population and the farmers who face multiple displacements. With Malkangiri and Naxalbari foci, discuss the corrective strategies needed to win the Left Wing Extremism (LWE) doctrine affected citizens back into mainstream of social and economic growth.
- 2018: Left Wing Extremism (LWE) is showing a downward trend, but still affects many parts of the country. Briefly explain the Government of India’s approach to counter the challenges posed by LWE.
- 2020: What are the determinants of left-wing extremism in Eastern part of India? What strategy should the Government of India, civil administration and security forces adopt to counter the threat in the affected areas?
- 2022: Naxalism is a social, economic and developmental issue manifesting as a violent internal security threat. In this context, discuss the emerging issues and suggest a multi-layered strategy to tackle the menace of Naxalism.
|
Who are the Maoists?
- Origins: Maoism, derived from the teachings of Chinese leader Mao Zedong, emerged as a form of communist theory.
- Ideology: Maoists believe in the philosophy that “Power flows from the barrel of the gun” and advocate for armed struggle to achieve their goals.
- Evolution in India: Maoism gained prominence in India through movements like the Naxalbari uprising, leading to the formation of groups like the Maoist Communist Centre (MCC) in West Bengal.
Historical Context and Evolution
- Influence of Russian Revolution: Naxalism draws ideological inspiration from the Russian Revolution and the overthrow of the Tsarist regime.
- Marxian Ideals: Rooted in Marxism, Maoism emphasizes class struggle and the redistribution of power to marginalized communities.
- Neo-Marxism: After the success of revolutions led by Lenin and Mao, intellectuals worldwide, including Fidel Castro, embraced Marxist ideologies.
Root Causes of Maoism in India
- Corporate Exploitation: Exploitation of natural resources in Eastern India has led to marginalization and harassment of tribal communities.
- Tribal Alienation: Post-independence, tribal communities lost traditional rights over resources, leading to alienation.
- Livelihood Losses: Depletion of natural resources threatened tribal livelihoods.
- Forceful Displacement: Displacement from ancestral lands disrupted traditional governance systems.
- Absence of Governance: In areas of exploitation, governance structures collapsed due to killings and intimidation.
- Foreign Provocations: External support for LWE outfits exacerbated the conflict.
Impact on Youth
- Romanticism and Misunderstanding: Some view Maoists romantically, overlooking the violence inherent in their ideology.
- Violence and Destruction: Maoist doctrine glorifies violence, leading to destruction of governance mechanisms.
- Radicalization and Coercion: Maoists radicalize youth and coerce locals to join their movement.
- Urban Presence: Maoists extend their influence to semi-urban and urban areas, facilitated by educated intellectuals.
Strategies used by LWEs and Maoists
- Utilization of State Structures: Maoists exploit state structures to further their agenda and weaken enforcement.
- Recruitment and Fundraising: They recruit and raise funds for insurgency, often through legal means.
- Urban Shelters: Maoists establish urban shelters for underground cadres.
- Legal Assistance: Legal aid is provided to arrested cadres.
- Mass Mobilization: They mobilize masses on issues relevant to their cause.
Government Initiatives for LWE-Affected Areas
- Aspirational Districts Programme: Monitoring of development initiatives in affected districts.
- Education and Infrastructure: Building schools and improving road connectivity in affected areas.
- Naxal Surrender Policy: Aimed at reintegrating misguided youth and hardcore extremists.
- National Policy Action Plan: Development-focused policy to address LWE challenges.
SAMADHAN Doctrine: A Comprehensive Strategy
- Smart Leadership: Effective leadership at all levels.
- Aggressive Strategy: Proactive measures to counter extremism.
- Motivation and Training: Training of security personnel and motivation for operations.
- Actionable Intelligence: Intelligence-driven operations.
- Harnessing Technology: Use of technology for surveillance and monitoring.
- Strategic Action Plans: Tailored action plans for each theater of conflict.
- Financial Isolation: Cutting off financial support to extremist groups.
Way Forward
- Dual Objective: Military defeat of insurgents and ideological resolution of grievances.
- Institutional Overhauls: Reforms in governance and security institutions.
- Coordinated Efforts: States must coordinate operations to deny space to Maoists.
- Population Segregation: Separating civilians from insurgents, both operationally and ideologically.
- Economic Development: Addressing resource conflicts through inclusive economic development.
Conclusion
- Understanding the complex dynamics of Maoism and Left-Wing Extremism is crucial for formulating effective counterinsurgency strategies.
- By addressing root causes, implementing targeted initiatives, and adopting a comprehensive approach, India can mitigate the impact of LWE and pave the way for sustainable peace and development in affected regions.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Primary Health Centres (PHCs)
Mains level: Read the attached story
In the news
- Public health centres in India have long been shrouded in infamy, perceived as symbols of systemic failure.
- The effectiveness of primary healthcare in India has always been a topic of discussion, with calls for strengthening these services through government commitment to accessibility, affordability, and quality care.
PYQ from CSE Mains 2021:
Q. “Besides being a moral imperative of a Welfare State, primary health structure is a necessary precondition for sustainable development.” Analyse. |
Health Centres in India
- Primary Health Centres (PHCs) also known as Public HCs play a crucial role in providing comprehensive healthcare services to the population.
- The first PHC in India was established following the proposal of the PHC concept in a paper submitted to the Executive Board of the World Health Organization (WHO) in January 1975.
- The establishment of PHCs gained further momentum with the International Conference on PHC held in Alma Ata, Kazakhstan in 1978.
- They are a fundamental component of the healthcare system, with Medical Officers at these centers required to hold an MBBS degree.
- India boasts a vast public health infrastructure with 23,391 PHCs and 145,894 sub-centers, serving a substantial percentage of the population.
- PHCs cover a significant portion of outpatient care, including services for non-communicable diseases, maternal health, and child health.
Importance of Health Centres
- Foundational Role: Health centres form the backbone of India’s public health system, providing primary care to millions.
- Access and Affordability: With nearly two lakh centres across the country, they aim to offer accessible and affordable healthcare, particularly in rural areas.
- Impact on Equity: Effective health centres can mitigate social and health inequities, reducing reliance on costly private healthcare and preventing households from falling into poverty due to healthcare expenses.
Unveiling the Reality
- Evidence of Progress: Surveys conducted across five states reveal a pattern of improving quality and utilization of health services over time, albeit at a slow pace.
-
- In Himachal Pradesh, functional health centres serve 83% of the population.
- Chhattisgarh has shown a radical expansion in the public provision of healthcare, with increased facilities, medicines, and staff presence.
- Bihar lags behind, with dismal quality of health centres and some sub-centres being dormant or non-existent.
- Policy Interventions: Increased health expenditure, initiatives like the National Rural Health Mission, and state-specific schemes have contributed to incremental improvements.
- The share of health expenditure in the Union Budget increased drastically.
- The National Health Mission’s share shrank from 69% to 44%, while allocations for the Ayushmann Bharat program and new AIIMS hospitals surged.
- COVID-19 led to a sustained increase in patient utilization of public health facilities, indicating growing trust in the system.
Challenges and Gaps
- Underutilization: Despite improvements, health centres still face challenges such as high staff absenteeism, limited services, and poor infrastructure.
- Lacunas: Health workers report irregular flow of funds, lack of facilities like toilets and transport, and inadequate supply of drugs and testing equipment.
- Social Discrimination: Caste and gender dynamics influence access to and quality of healthcare, perpetuating inequalities. Upper-caste doctors display disparaging attitudes towards marginalized communities, while upper-caste families disrespect Dalit ANMs.
- Gender Disparities: Women, particularly frontline health workers, play a crucial role in rural health settings but often face neglect and discrimination.
Way forward
- Holistic Investment: While progress has been made, it remains patchy, with allocations often prioritizing tertiary healthcare over primary care.
- Designated allocations: The composition of the healthcare budget has remained stagnant, with minimal increases in the share allocated to primary healthcare.
- Policy Reform: The paper advocates for substantial support from the central government to enable poorer states to replicate successful initiatives and enhance the role of health centres in public healthcare delivery.
Conclusion
- India’s health centres, though fraught with challenges, embody resilience and potential.
- By addressing systemic gaps and prioritizing primary healthcare, the nation can harness the transformative power of these centres to achieve equitable and accessible healthcare for all.
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Why in the News?
Recent political events make one doubt the perceived need and utility of India’s Anti-defection law.
Context:
- Political Defections prevalent across India:
- In Bihar, MLAs from Congress and RJD shifted to BJP, leading to disqualifications under the anti-defection law. Similar incidents occurred in Himachal Pradesh and Andhra Pradesh.
- A recent adjudicatory development in Maharashtra raised doubts on the necessity of India’s anti-defection law, where factions within NCP were not disqualified based on intra-party dissent.
- Need for better inner-party democracy: The Speaker highlighted the challenges in applying the anti-defection law effectively, emphasizing the need for better inner-party democracy reforms to address political defections and ensure legislative stability.
Transgressions that pass muster /Challenges with Anti-defection law:
- Intra-party dissent and Anti-defection law: The Speaker’s decision in the NCP split case highlights the complexity of applying the anti-defection law to intra-party dissent. The intra-party dissent cannot be subject to the punitive provisions of the Tenth Schedule due legislative majority.
- Mergers and Anti-defection law: Under the current anti-defection law, a faction that splits from its original party cannot claim exemption from disqualification, as the “split” exception was deleted from the Tenth Schedule in 2003.
- The only exemption available now is that of mergers, which mandatorily require a minimum of two-third members to separate from their political party and merge with another.
- The Speaker’s observations: The Speaker’s concern for preservation of inner-party dissent is laudable, but the observation that it is in the nature of politics for leaders to form new alliances and break into new forms raises concern about the effectiveness of the anti-defection law.
The issue of inner-party democracy:
- The issue of inner-party democracy in India underscores the lack of democratic processes within political parties, leading to challenges like dynastic politics, nepotism, and ineffective candidate selection.
- Presently, there is no statutory backing for internal democratic regulation of political parties in India and the only governing provision is under Section 29A of the Representation of the Peoples’ Act, 1951 which entails registration of political parties with the Election Commission of India.
- Reports from the 2nd ARC, the National Commission to Review the Working of the Constitution and the Law Commission have both recommended introducing statutes to enforce internal democracy for political parties.
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Way Forward:
- Need for Robust democratic structures: The 255th Report of the Law Commission of India proposed amendments to the Representation of the People Act, 1951 which could mandate that besides having a constitution, political parties elect an executive committee (for the party), select candidates who are to contest elections to Parliament or State Assemblies, and conduct regular elections within the party at every level.
- Need for Statutory regulation: The Law Commission also proposed granting the Election Commission of India the powers to impose monetary penalties or withdraw the registration of a political party in case it failed to comply.
BACK2BASICS
About Anti-Defection Law in India:
- The Anti-Defection Law in India, introduced in 1985 through the Tenth Schedule of the 52nd Amendment to the Constitution, aims to limit political defections and ensure democratic stability by curbing unethical practices.
- This law prohibits elected representatives from defecting to another party after being elected, thereby promoting party discipline and preventing opportunistic defections that can destabilize governments.
- Despite its significance, there have been calls for reforming the anti-defection law to address challenges and ensure its effectiveness in maintaining the integrity of the political system.
| Mains:
1) “The Indian party system is passing through a phase of transition which looks to be full of contradictions and paradoxes.” Discuss. [UPSC CSE 2016]
Prelims:
1) Which one of the following Schedules of the Constitution of India contains provisions regarding anti-defection? [UPSC CSE 2014]
a) Second Schedule
b) Fifth Schedule
c) Eighth Schedule
d) Tenth Schedule |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Parliamentary Privileges
Mains level: Vote for cash issue
In the news
- A seven-judge Constitution Bench of the Supreme Court, headed by Chief Justice of India DY Chandrachud, delivered a significant judgment regarding parliamentary privilege and criminal prosecution.
- The verdict overturned a 1998 ruling in PV Narasimha Rao Case that granted immunity to lawmakers accepting bribes if they subsequently voted or spoke in the House
Also read:
Legislators Immunity against Criminal Prosecution
What are Parliamentary Privileges?
|
Details |
| Definition |
Special rights, immunities, and exemptions enjoyed by Parliament, its committees, and members.
Defined in Article 105 of the Indian Constitution. |
| Scope |
Applies to Parliament, committees, and members. |
| Freedom of Speech |
Guaranteed under Article 105(1).
Subject to rules and procedures of Parliament (Article 118). |
| Limitations to Free Speech |
Speech must comply with constitutional provisions.
Cannot discuss judges’ conduct (Article 121), except for motions for their removal. |
| Freedom from Arrest |
Immunity from arrest in civil cases 40 days before and after sessions.
House permission needed for arrest within Parliament limits. |
| Notification of Arrest |
Chairman/Speaker must be informed of any member’s arrest. |
| Right to Prohibit Publication |
No liability for publishing reports, discussions under member’s authority (Article 105(2)). |
| Right to Exclude Strangers |
Members have power to exclude non-members from proceedings. |
Immunity against Bribe: Constitutional Provisions Examined
- Article 105(2): This article grants immunity to members of Parliament from court proceedings concerning their actions (speech or votes) in Parliament.
- Article 194(2): Similarly, this article extends immunity to members of state assemblies.
Court’s Review and Interpretation
- PV Narasimha Rao Case: In 1998, the Supreme Court ruled with a 3:2 majority that MPs and MLAs were immune from prosecution in bribery cases as long as they fulfilled their end of the bargain.
- Judicial Scrutiny of Privilege: The Court revisited the interpretation of Articles 105(2) and 194(2), challenging the traditional understanding of absolute immunity for lawmakers.
- Historical Context: It noted that India’s parliamentary privileges stem from statutory and constitutional sources, unlike the UK’s House of Commons, which has ancient and undoubted rights.
Key Findings and Interpretations
- Necessity Test Applied: The Court applied a “necessity test” to determine the legitimacy of claims to parliamentary privilege, emphasizing that accepting bribes cannot be deemed necessary for lawmakers to discharge their duties.
- Emphasis on Probity: The ruling underscored the importance of probity in public life, highlighting the corrosive impact of corruption on democratic ideals.
- Interpretation of Offense: It clarified that the act of accepting a bribe constitutes an offense, regardless of subsequent actions by the lawmaker in the House.
Conclusion
- The Supreme Court’s ruling represents a significant departure from past precedent, affirming the principle that no individual, including legislators, is above the law.
- By asserting the judiciary’s role in scrutinizing claims of parliamentary privilege, the Court reaffirmed the primacy of constitutional values and accountability in governance.
- This landmark judgment underscores the judiciary’s commitment to upholding the rule of law and combating corruption, thereby bolstering India’s democratic foundations.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: 3-stage Nuclear Power Program, Prototype Fast Breeder Reactor (PFBR)
Mains level: Read the attached story
In the news
PM Modi marked a historic moment in India’s nuclear power journey by overseeing the commencement of core-loading at the indigenous Prototype Fast Breeder Reactor (PFBR) situated in Kalpakkam, Tamil Nadu. This event signifies a significant stride forward in India’s ambitious nuclear power program, heralding the onset of stage II.
Context:
- As of 2024, nuclear power contributes to around 3.11% of India’s total power generation.
- Nuclear power remains the fifth-largest source of electricity in India, following coal, gas, hydroelectricity, and wind power.
History of India’s Nuclear Power Program
India’s journey in nuclear technology dates back to its independence in 1947. Here is a brief history of India’s Nuclear Power Program:
- 1948: India established the Atomic Energy Commission (AEC), marking its entry into the nuclear age.
- 1950s: Homi Bhabha, the founding director of India’s nuclear program, formulated the three-stage nuclear power program to establish a self-sufficient nuclear power industry.
- 1969: The first Pressurized Heavy Water Reactor (PHWR), the 40 MW Tarapur Atomic Power Station, was commissioned, marking the operationalization of Stage 1 of the nuclear power program.
- 1974: India conducted its first nuclear test, Pokhran-I, demonstrating its nuclear capabilities.
- Late 1970s – Early 1980s: India embarked on developing fast breeder reactors (FBRs) as part of Stage 2 of its nuclear program to enhance fuel efficiency and self-sufficiency.
- 1990s – 2000s: India focused on building a nuclear arsenal and delivery systems capable of military deployment after conducting further nuclear tests in 1998.
- Present: India possesses both nuclear weapons and an extensive nuclear fuel cycle capability, with ongoing developments in thorium-based reactors as part of Stage 3 of its nuclear power program.
|
About India’s 3-stage Nuclear Power Program
|
Description |
Timeline |
| Stage 1 |
Relies on pressurized heavy water reactors (PHWRs) using natural uranium as fuel. |
Initiated in the 1950s;
Operational since the 1960s |
| Stage 2 |
Focuses on developing fast breeder reactors (FBRs) using plutonium-239 produced in Stage 1. |
Initiated in the 1970s;
Development phase |
| Stage 3 |
Involves the development of thorium-based reactors utilizing India’s significant thorium reserves. |
Initiated in the late 1980s/early 1990s;
Research & Development phase |
Do you know?
- The two principal natural isotopes are uranium-235 (which comprises 0.7% of natural uranium), which is fissile, and uranium-238 (99.3% of natural uranium), which is fissionable by fast neutrons and is fertile, meaning that it becomes fissile after absorbing one neutron.
- All uranium isotopes are radioactive. U-239 is much more so than the far more common U-238 though, its half-life is about 23 minutes compared to four billion years! U-239 soon undergoes beta decay to Np-239.
- Plutonium is created from uranium in nuclear reactors. Plutonium-239 is used to make nuclear weapons. Pu-239 and Pu-240 are byproducts of nuclear reactor operations and nuclear bomb explosions.
|
What is Prototype Fast Breeder Reactor (PFBR)?
- The PFBR is a machine that produces more nuclear fuel than it consumes. Its core-loading event is being hailed as a “milestone” because the operationalization of the PFBR will mark the start of stage II of India’s three-stage nuclear power program.
- Previously, India used Pressurised Heavy Water Reactors (PHWRs) and Natural Uranium-238 (U-238), which contain minuscule amounts of U-235, as the fissile material.
- It’s working:
- Basically, in the process of Nuclear Fission, the nucleus of an atom absorbs a neutron, destabilizes, and breaks into two while releasing some energy. If the destabilized nucleus releases more neutrons, the reactor’s facilities will attempt to use them to instigate more fission reactions.
- However, the heavy water in PHWR, the water molecules containing the deuterium isotope of hydrogen – slows neutrons released by one fission reaction enough to be captured by other U-238 and U-235 nuclei and cause new fission.
- This heavy water is then pressurized to keep it from boiling to produce plutonium-239 (Pu-239) and energy.
- Significance of using PFBR:
- Only U-235, not U-238, can sustain a chain reaction but it is consumed fully in stage I. In stage II, India will use Pu-239 together with U-238 in the PFBR to produce energy, U-233, and more Pu-239.
- Liquid sodium serves as the primary coolant, facilitating heat transfer and electricity generation through secondary circuits.
Why was the PFBR delayed?
- Prolonged delays: The PFBR project encountered prolonged delays and cost overruns, attributed to technical complexities and logistical hurdles. Sanctions imposed against India following the ‘Smiling Buddha’ nuclear test in 1974 disrupted the project, necessitating alterations in fuel type and operational parameters.
- Lack of Resources:
- The retirement of experienced personnel involved in the project, coupled with delays in decision-making processes, contributed to project setbacks.
- Escalating costs, reaching ₹6,800 crore by 2019, underscored the financial strain and administrative shortcomings plaguing the project.
- Procurement Issues: Audit reports revealed procurement inefficiencies, with delays averaging 158 days per order, exacerbating project timelines and costs.
- Regulatory Imperatives: Addressing concerns over safety and regulatory oversight remains imperative to ensure public confidence and operational integrity.
Way Forward and Future Prospects:
- Usage of Small Modular Reactors (SMRs): SMR designs have a maximum capacity of 300 MW, require less land, and accommodate more safety features. Several countries are developing SMRs to complement conventional [facilities] since SMRs can be installed at reduced cost and time by repurposing.
- Stage II Expansion: The PFBR’s 500 MWe capacity sets the stage for future FBR projects, aligning with India’s energy diversification goals and decarbonization initiatives. Today nuclear power has a new lease of life thanks to the pressure on India to decarbonise, reduce its import of fossil fuels, and give its renewables sector some breathing space.
- In 2019, the DAE proposed building 4 more fast breeder reactors (FBRs) of 600 MWe capacity each – 2 in Kalpakkam in 2021 and two in 2025, with sites to be selected.
Conclusion
- As India navigates the complexities of nuclear power development, the PFBR stands as a testament to technological prowess and strategic foresight.
- While challenges persist, the trajectory of stage II underscores India’s commitment to leveraging nuclear energy for sustainable development and energy security.
- With continued innovation and regulatory reform, India is poised to realize its vision of a robust and self-reliant nuclear energy ecosystem.
Try this Question from CSE Mains 2018:
Q. With growing energy needs should India keep on expanding its nuclear energy programme? Discuss the facts and fears associated with nuclear energy. (250 Words, 15 Marks)
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Bail Provisions in India
Mains level: Problem of Undertrials, Bail and linking it to Prison Reform
In the news
- India’s bail system faces significant challenges, resulting in a large number of undertrials remaining in prison despite being granted bail.
- The complexities of complying with bail conditions, especially for marginalized individuals, exacerbate the situation.
Bail Provisions in India
|
Description |
| What is Bail? |
The conditional release of a defendant with the promise to appear in court when required. It also refers to the security deposit to secure the release of the accused. |
| Types of Bail in India |
- Regular bail: Granted to a person in police custody, applied for under section 437 and 439 of CrPC.
- Interim bail: Short-term bail granted before the hearing for regular or anticipatory bail.
- Anticipatory bail: Granted under section 438 of CrPC by session court or High Court, to avoid potential arrest for a non-bailable offense.
|
| Case in Bailable Offences |
Section 436 states that accused of a bailable offence under IPC can be granted bail if:
- There’s reason to believe the accused didn’t commit the offence.
- There’s need for further inquiry.
- Accused isn’t charged with an offence punishable by death, life imprisonment, or up to 10 years’ imprisonment.
|
| Bail for Non-Bailable Offences |
Section 437 states that accused doesn’t have the right to apply for bail. Bail may be granted if:
- Accused is a woman or child.
- Lack of evidence.
- Delay in lodging FIR.
- Accused is gravely sick.
|
Understanding the Crisis in Bail System
- Overrepresentation of Undertrials: Over 75% of India’s prison population comprises undertrials, reflecting systemic inefficiencies in the bail system.
- Judicial Reluctance: Chief Justice of India D.Y. Chandrachud highlighted a growing reluctance among trial judges to grant bail, leading to a situation where incarceration becomes the norm.
- Bail Backlog: The backlog of bail applications further exacerbates the problem, prolonging the detention of undertrials awaiting trial.
Judicial Acknowledgment and Guidelines
- Supreme Court’s Observations: The Supreme Court acknowledged the ineffectiveness of India’s bail system in the case of Satender Kumar Antil vs CBI, emphasizing the principle of ‘bail not jail’.
- Need for Legislative Action: The Court urged the enactment of separate legislation and laid down comprehensive guidelines to streamline bail procedures.
- Delayed Disposal of Applications: Despite court directives, delays in the disposal of bail applications contribute to prolonged detention of undertrials.
Empirical Assessment and Policy Reforms
- Lack of Empirical Evidence: The absence of empirical data hampers efforts to understand the bail system’s challenges comprehensively.
- Socio-economic Barriers: Bail laws disproportionately burden marginalized individuals, necessitating reforms based on a realistic assessment of the problem.
- No Data-driven Reform: Policymakers should prioritize empirical research to inform evidence-based policy reforms aimed at addressing systemic inequalities.
Safeguards and Adjudication Practices
- Arrest Safeguards: Existing safeguards against arbitrary arrest often exclude vulnerable populations, contributing to the high proportion of undertrials.
- Discretionary Adjudication: Courts exercise discretion in granting bail, but guidelines lack clarity on how socioeconomic factors influence bail decisions.
- Recording Reasons for Bail Denial: Courts should be mandated to record detailed reasons for denying bail, promoting transparency and accountability in the adjudication process.
Bail Compliance Challenges
- Financial Hurdles: Many undertrials struggle to comply with bail conditions due to financial constraints and lack of local sureties.
- Structural Disadvantages: Factors like lack of residence proof and family support further hinder undertrials’ ability to comply with bail conditions.
- Support Mechanisms: Establishing support mechanisms to assist undertrials in navigating the bail process and fulfilling conditions can alleviate compliance challenges.
Why bail needs reform?
- Indiscriminate arrests: Of this category of prisoners, majority may not even be required to be arrested despite registration of a cognizable offense, being charged with offenses punishable for seven years or less.
- Disadvantageous for some sections: They are not only poor and illiterate but also would include women. Thus, there is a culture of offense being inherited by many of them.
- Colonial legacy: Theoretically, the court also linked the idea of indiscriminate arrests to magistrates ignoring the rule of “bail, not jail” to a colonial mindset.
Way forward
- No Flawed Assumptions: The current bail system operates on flawed assumptions about the accused’s socio-economic status, rendering ‘bail not jail’ meaningless for many.
- Call for Bail Reform: Meaningful bail reform necessitates a reevaluation of these assumptions and a data-driven approach to diagnose systemic issues.
- Holistic Approach: Reform efforts should adopt a holistic approach, addressing both procedural inadequacies and socio-economic barriers to ensure equitable access to bail.
Conclusion
- India’s bail system stands at a critical juncture, with an urgent need for reform to address systemic inefficiencies and ensure justice for all.
- Empirical research, legislative action, and judicial scrutiny are essential components of a comprehensive reform agenda.
Try this PYQ from CSE Prelims 2021:
With reference to India, consider the following statements:
- Judicial custody means and accused is in the custody of the concerned magistrate and such accused is locked up in a police station, not in jail.
- During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Post your responses here.
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