Note4Students
From UPSC perspective, the following things are important :
Mains level: Issues related to Police investigation;
Why in the News?
The data shows that many police officers accept using forceful methods like shouting, threatening, slapping, or even harsh physical torture during investigations, even for small crimes.
What proportion of police support violence against serious offenders for the greater good?
- Majority Support Violence: 63% of police personnel believe it’s acceptable to use violence on serious offenders for the greater good of society. Eg: Officers may justify beating a suspected murderer if they believe it helps prevent future crimes.
- Strong vs Moderate Support: Among those who agreed, 22% strongly agreed and 41% moderately agreed with using violence. Eg: Some officers might strongly feel torture is necessary in terrorism cases, while others may support limited force.
- Opposition is Minor: Only 35% of police personnel opposed the idea of violence, showing that a minority disagrees with such practices. Eg: These officers might believe in legal methods like investigation and interrogation without physical harm.
How does this infringe Fundamental Rights?
- Violation of Right to Life and Personal Liberty (Article 21): Coercive actions like custodial torture and third-degree methods breach the right to live with dignity. Eg: A suspect beaten during interrogation suffers physical and mental trauma without legal conviction.
- Denial of Protection Against Self-Incrimination (Article 20(3)): Forcing suspects to confess under pressure or torture violates their right to remain silent during interrogation. Eg: A person forced to admit guilt in a theft case, even if innocent, due to police pressure.
- Breach of Equality Before Law (Article 14): Targeting specific individuals like history-sheeters or the poor with harsh treatment undermines equal legal protection. Eg: Repeat offenders being tortured without due process, while others get fair legal treatment.
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Why do many police personnel justify torture in national security and serious crime cases?
- Perceived Urgency in National Security Cases: Many police believe torture is necessary to extract crucial information in time-sensitive situations like terrorism. Eg: 42% of police personnel strongly supported torture during terrorism-related interrogations.
- Belief in Strong Punishment for Heinous Crimes: Officers feel that serious crimes such as rape and murder deserve harsher treatment to deliver justice quickly. Eg: 34% of police strongly supported torture in cases involving rape and serious violent crimes.
- Assumption that Certain Suspects Are Repeat Offenders: There’s a mindset that “history-sheeters” don’t respond to normal interrogation, justifying harsher methods. Eg: 28% of police strongly agreed that torture is justified for repeat or habitual offenders.
What are the coercive methods that police frequently justify during interrogations, even for minor offenses?
- Verbal Abuse and Threats: A large portion of police personnel find it acceptable to verbally abuse or threaten suspects in minor crimes like theft. Eg: 49% said such verbal abuse and threats are justified even in petty cases.
- Slapping Suspects: Physical force such as slapping is often seen as a mild and acceptable tactic. Eg: 32% of police justified slapping suspects during minor offence investigations.
- Use of Third-Degree Methods: Even for minor crimes, some support more extreme measures like third-degree torture to get confessions. Eg: 9% of personnel justified using third-degree methods in minor cases.
- Threats as Routine Practice: Many police reported that threats are a frequent part of their interrogation techniques. Eg: 26% said threats are used “often” during investigations; 34% said they occur “sometimes.”
- Light Force Considered Normal: Slapping or applying light physical force is not seen as excessive by a significant number of police officers. Eg: 18% admitted it’s commonly done, and another 28% said it happens occasionally.
What are the steps taken by the Indian government?
- Implementation of Guidelines by Supreme Court: The government follows the D.K. Basu vs. State of West Bengal (1996) guidelines issued by the Supreme Court to prevent custodial violence. Eg: Police are required to inform relatives of an arrest and maintain arrest records.
- Enactment of Human Rights Protection Laws: The government established legal bodies to monitor human rights violations. Eg: The Protection of Human Rights Act, 1993 led to the creation of the National Human Rights Commission (NHRC).
- Police Reforms and Training Programs: Reforms aim to modernize police functioning and encourage ethical conduct through training. Eg: The National Police Mission promotes citizen-centric policing and sensitization on human rights.
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Way forward:
- Independent Investigation and Accountability Mechanisms: Establish robust, independent bodies at the state level to investigate complaints of custodial violence and misconduct. Eg: Set up Police Complaints Authorities (PCA) with judicial oversight to ensure fair and transparent inquiries into custodial torture.
- Comprehensive Sensitisation and Legal Training: Mandate regular training for police personnel on human rights, ethical investigation practices, and legal procedures. Eg: Include modules on constitutional rights, custodial safeguards, and mental health awareness in police academies and refresher courses.
Mains PYQ:
[UPSC 2019] The police reforms in India have been left halfway due to lack of political will. Critically analyse.
Linkage: The ongoing justification of coercive tactics, even in minor crimes, shows ineffective implementation of police reforms in India. It remains incomplete, largely due to a lack of political will, weak implementation, and cultural resistance within the force.
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Note4Students
From UPSC perspective, the following things are important :
Mains level: Issues related to judiciary;
Why in the News?
Out of 769 judges serving in 25 High Courts, only 95 (12.35%) have disclosed their assets publicly. Courts like Kerala (93.18%) and Himachal Pradesh (91.66%) lead in transparency, while Madras (5 of 65) and Chhattisgarh (1 of 16) lag significantly.
Why is judicial asset disclosure vital for accountability and transparency in India?
- Promotes Public Trust in the Judiciary: Transparency about judges’ financial status builds confidence in the impartiality and integrity of the judiciary. Eg: The Kerala High Court, where 93.18% of judges disclosed their assets, is often cited for maintaining high standards of judicial transparency.
- Acts as a Deterrent Against Corruption: Mandatory and public asset declarations reduce the scope for corrupt practices by subjecting judges to public scrutiny. Eg: The recent discovery of partially burnt currency notes at a High Court judge’s residence intensified concerns over hidden wealth and lack of oversight.
- Ensures Accountability of Public Office Holders: Judges are public servants paid from taxpayer money, and like elected representatives, must be held financially accountable. Eg: The Supreme Court’s past judgment requiring MPs/MLAs to declare assets reflects this principle — the same logic applies to the judiciary.
- Reduces Risk of Conflict of Interest: Regular disclosures help identify any undue financial interest that could influence judicial decisions. Eg: A judge ruling on a corporate dispute may be biased if they own shares in one of the companies involved — disclosures would reveal this.
- Strengthens Institutional Transparency and Ethics: It sets an ethical benchmark for the judiciary and other branches of government, promoting clean and transparent governance. Eg: The Supreme Court’s recent Full Court resolution (April 2025) to make all judges’ assets public reflects a significant move toward institutional integrity.
How can the Supreme Court’s asset disclosure push drive wider judicial reforms?
- Sets a Precedent for High Courts: The Supreme Court’s collective decision encourages other High Courts to adopt similar transparency measures, creating a ripple effect across the judiciary. Eg: After the Supreme Court’s Full Court resolution (April 2025), pressure has increased on High Courts like Madras and Chhattisgarh, where disclosure rates remain low.
- Catalyzes Legislative and Policy Reforms: The move strengthens the case for mandatory annual disclosures through legislation, as recommended by parliamentary committees. Eg: The 2023 Parliamentary Standing Committee Report called for laws requiring asset declarations by all judges — the Supreme Court’s step gives it momentum.
- Promotes a Culture of Judicial Accountability and Ethics: Voluntary public disclosures help build a culture of openness, paving the way for broader reforms like transparent appointments, performance reviews, and grievance redressal. Eg: Similar transparency efforts contributed to the creation of the National Judicial Appointments Commission (NJAC) debate and ongoing calls for reforming the collegium system.
Who are the key institutions responsible for enforcing judges’ asset disclosure?
- The Supreme Court of India: As the apex judicial authority, the Supreme Court plays a norm-setting role, influencing High Courts through its own practices and resolutions. Eg: The Full Court resolution of April 2025, where all 33 Supreme Court judges agreed to make their asset declarations public, sets a national benchmark for judicial transparency.
- High Courts and Their Chief Justices: Each High Court is responsible for framing internal guidelines and encouraging or mandating its judges to disclose assets. Eg: The Kerala High Court, where 41 out of 44 judges have declared their assets, demonstrates effective internal leadership and commitment to transparency.
- Parliament and Parliamentary Standing Committees: Through legislative oversight and recommendations, Parliament can initiate legal mandates for asset disclosures and hold the judiciary accountable in the public interest. Eg: The 2023 Standing Committee Report on Judicial Reforms recommended that the government make annual property disclosures by all judges a statutory requirement.
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Way forward:
- Enact a Statutory Framework for Mandatory Annual Disclosures: The government should introduce legislation making annual asset and liability declarations mandatory for all judges of the Supreme Court and High Courts. This would ensure uniformity, legal backing, and prevent selective or voluntary compliance.
- Establish an Independent Oversight Mechanism for Verification and Monitoring: Set up an independent judicial accountability commission or ethics body to verify disclosures, monitor compliance, and address grievances related to judicial integrity.
Mains PYQ:
[UPSC 2021] “An independent and empowered social audit mechanism is an absolute must in every sphere of public service, including the judiciary, to ensure performance, accountability and ethical conduct. Elaborate
Linkage: Disclosure of assets is important to ensure that judges act responsibly and ethically. It helps build trust among the people and also supports the authority of the Constitution.
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Note4Students
From UPSC perspective, the following things are important :
Mains level: Health-related issues;
Why in the News?
A healthy and nutritious diet costs much more than just eating enough to fill the stomach. Because of this, around three billion people worldwide cannot afford to eat healthy diet.
What is the primary difference between a calorie-sufficient diet and a healthy diet?
| Aspect |
Calorie-Sufficient Diet |
Healthy Diet |
Example (Eg) |
| Purpose |
Provides minimum energy to survive |
Provides energy + essential nutrients for overall health |
Eating only rice vs. eating rice with dal, vegetables, and curd |
| Nutrient Content |
Lacks micronutrients (vitamins, minerals, proteins) |
Rich in macro and micronutrients (carbs, proteins, fats, vitamins) |
Rice alone vs. balanced meal with fruits, vegetables, proteins |
| Food Variety |
Limited to cheap staples like rice, maize, or flour |
Includes diverse food groups (grains, fruits, dairy, protein, etc.) |
Maize flour daily vs. varied diet with pulses, greens, dairy |
| Health Impact |
May cause “hidden hunger” and nutritional deficiencies |
Promotes growth, immunity, and good physical and mental health |
Feeling full but weak vs. feeling full and energized |
| Affordability |
Very cheap (less than $1/day) |
Expensive (around $3.67/day globally) |
Affordable for poor families vs. out of reach for billions |
Why are the three billion people unable to afford a healthy diet globally?
- High Cost of Nutritious Foods: Healthy diets with fruits, vegetables, proteins, and dairy are much more expensive than basic staples. Eg: A meal with rice, lentils, vegetables, and milk costs much more than a plain rice or maize meal.
- Low Incomes in Poor Countries: In many low-income countries, the median income is lower than the daily cost of a healthy diet. Eg: In parts of Sub-Saharan Africa, people would need to spend over 100% of their income just to afford healthy food.
- Most Income Spent on Non-Food Essentials: People also need to spend on housing, transport, education, etc., leaving less money for nutritious food. Eg: A poor family may prioritize rent and school fees, and manage meals with only the cheapest staples.
- Dependence on Starchy Staples: Many rely heavily on calorie-dense but nutrient-poor foods like rice, maize, or wheat due to affordability. Eg: A person eats only maize porridge daily, missing out on proteins, vitamins, and minerals.
- Limited Production by Small Farmers: Even subsistence farmers may not produce enough variety to meet dietary needs, and cannot afford to buy it either. Eg: A farmer growing only rice and vegetables may lack access to milk, eggs, or fruits, leading to an unbalanced diet.
Where is the affordability of a healthy diet the lowest, affecting over 80% of the population?
- Sub-Saharan Africa: This region has the highest percentage of people who cannot afford a healthy diet. Eg: In countries like Chad, Burundi, or Niger, more than 80% of the population cannot afford fruits, dairy, or protein-rich foods regularly.
- South Asia: Countries like India, Nepal, and Bangladesh have large populations with low incomes, making even basic healthy foods costly. Eg: In rural India, a balanced diet might cost nearly an entire day’s wage.
How do subsistence farmers fit into the statistics on food affordability according to the FAO report?
- Included in Affordability Calculations: The FAO includes the value of food produced for self-consumption when calculating affordability. Eg: A farmer growing their own rice and vegetables is considered as having partial income from that food production.
- Still Unable to Afford or Produce a Healthy Diet: Even with homegrown food, many subsistence farmers cannot meet the dietary diversity needed for good health. Eg: A small farmer in rural Nepal may grow millet but can’t access milk, eggs, or leafy greens.
- Dependence on Staple Crops: Most subsistence farmers rely on calorie-rich but nutrient-poor staples like maize or cassava. Eg: A family in Malawi surviving mostly on maize lacks essential proteins and vitamins.
- Limited Market Access and Income: They often have little surplus to sell and low access to markets, limiting their purchasing power for other foods. Eg: A farmer in northern Nigeria may produce yams but can’t reach a market to sell or buy fruits.
- Vulnerable to Shocks and Seasonal Gaps: Crop failures, poor rainfall, or pests can wipe out their food supply and worsen affordability. Eg: In drought-prone Kenya, crop failure forces families to skip meals or rely on relief aid.
What are the steps taken by the Indian government?
- Poshan Abhiyaan (National Nutrition Mission): Launched to reduce malnutrition among children, pregnant women, and lactating mothers through better monitoring, awareness, and convergence of nutrition schemes. Eg: Promotion of locally sourced nutritious food and growth monitoring of children.
- Mid-Day Meal Scheme (PM POSHAN): Provides free nutritious meals to school children to improve school attendance and address childhood hunger and malnutrition. Eg: Meals include rice, dal, vegetables, and sometimes eggs or milk.
- Fortification of Staples: The government promotes adding essential micronutrients (like iron, folic acid, and vitamin B12) to staples such as rice, wheat, and edible oils. Eg: Distribution of fortified rice through the Public Distribution System (PDS).
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Way forward:
- Invest in Local Production and Diversification of Nutritious Foods: Governments and NGOs should support smallholder farmers to grow a wider range of nutritious crops (e.g., pulses, fruits, vegetables, dairy, poultry). Eg: Promoting kitchen gardens, poultry, and millet farming in rural India to diversify diets.
- Make Healthy Foods Affordable Through Policy and Subsidies: Implement targeted subsidies or cash transfers for poor households to afford healthy food groups. Eg: Expanding India’s mid-day meal and ICDS schemes with eggs, fruits, and vegetables for children.
Mains PYQ:
[UPSC 2024] Poverty and malnutrition create a vicious cycle, adversely affecting human capital formation. What steps can be taken to break the cycle?
Linkage: Poverty and malnutrition which are key reasons why three billion people cannot afford a healthy diet. The inability to afford nutritious food leads to malnutrition, which in turn perpetuates poverty by hindering human capital development.
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Note4Students
From UPSC perspective, the following things are important :
Mains level: Major key Amendments;
Why in the News?
After over 12 hours of debate and late-night voting, tensions rose over ministers taking a break and Congress faced criticism from INDI allies over supporting a government-backed Bill.
What are the key provisions of the Waqf (Amendment) Bill?
- Inclusion of Non-Muslim Members: The Bill makes it mandatory to have at least two non-Muslim members in both the Central Waqf Council and State Waqf Boards. Eg: A State Waqf Board in Uttar Pradesh will now include two non-Muslim members to ensure diversity and broader oversight.
- Enhanced Transparency and Accountability: The bill mandates the digitization of all Waqf records on a centralized portal, ensuring real-time monitoring and preventing unauthorized transactions. Eg: Waqf institutions earning over ₹1 lakh annually must undergo audits by state-sponsored auditors.
- Women Must Receive Inheritance Before Waqf: Before any property is dedicated as Waqf, women must receive their rightful share of inheritance under Islamic law. Eg: A man cannot donate ancestral property to a mosque as Waqf unless his daughters have first received their inheritance portion.
- Waqf Boards Cannot Arbitrarily Declare: The amendment removes the Waqf Board’s earlier power to unilaterally declare any property as Waqf without due process. Eg: If there’s a dispute about a piece of land, the Waqf Board must now legally verify ownership instead of directly labeling it as Waqf land.
- Restructuring of Waqf Tribunals: The structure of Waqf Tribunals is changed to include a district judge, a joint secretary-level government officer, and an expert in Muslim law. Appeals can go to the High Court within 90 days. Eg: A property dispute handled by the Waqf Tribunal in Delhi can now be appealed in the Delhi High Court within three months.
Why did the Opposition criticize the Bill?
- Violation of Religious Freedom and Philanthropy Rights: The Opposition argued that banning non-Muslims from creating Waqf violates their freedom to donate or support causes of other religions. Eg: If a Hindu philanthropist wishes to donate land to a mosque for educational purposes, the law now prohibits it from being treated as Waqf.
- Interference in Personal and Religious Affairs: Critics said the Bill marks excessive state interference in the religious practices of Muslims, especially by restructuring Waqf Tribunals and mandating non-Muslim representation in Waqf Boards. Eg: The inclusion of non-Muslims in bodies managing Islamic religious endowments is seen by some as an imposition on community autonomy.
- Lack of Consultation and Political Targeting: Opposition parties claimed the Bill was introduced without adequate consultation with stakeholders, including Muslim scholars, religious leaders, or civil society groups. It was viewed as part of a broader political narrative targeting minorities. Eg: The sudden change in who can create Waqf (only Muslims with 5+ years of practice) was criticized as being done without meaningful dialogue with the affected community.
How much property is currently recorded under Waqf in India?
- Registered properties: As of March 2025, Waqf boards in India manage approximately 8.72 lakh (872,000) registered properties, encompassing over 38 lakh (3.8 million) acres of land. Eg: Uttar Pradesh: Approximately 2.1 lakh Waqf properties, West Bengal: Around 78,000 properties and Kerala: About 55,000 properties.
- Spread Across Prime Urban and Rural Areas: Waqf land is spread across prime locations in cities and fertile lands in villages, often facing issues of encroachment and poor management. Eg: In Delhi and Mumbai, many Waqf lands are located in commercial hubs, but are underutilized or illegally occupied.
Who can donate to Waqf under the new law?
Under the Waqf (Amendment) Bill, 2025, only practicing Muslims who have been adhering to their faith for at least five years are eligible to donate property as Waqf. This provision aims to ensure that donations are genuine and voluntary, reinstating a pre-2013 rule |
How has this changed from the 2013 Waqf Act?
| Aspect |
Waqf Act, 2013 |
Waqf (Amendment) Bill, 2025 |
| Who can create Waqf |
Any person (including non-Muslims) could create a Waqf |
Only practicing Muslims (for at least 5 years) can create Waqf |
| Inclusion of non-Muslims in Waqf Boards |
Only Muslims were members of Waqf Boards and the Central Waqf Council |
At least 2 non-Muslim members must be included in both Boards and Council |
| Waqf Board’s power to declare property |
Waqf Boards could unilaterally declare any property as Waqf (Section 40) |
This power is removed; Boards cannot declare any property Waqf without due process |
| Women’s inheritance rights in family Waqf |
Not clearly defined or enforced |
Ensures women receive inheritance before family property is converted into Waqf |
| Composition of Waqf Tribunals |
Tribunals had members appointed by the state, often lacking legal or religious expertise |
Must include a district judge, joint secretary-level officer, and Muslim law expert |
| Appeal Mechanism |
Appeals were limited and unclear in some cases |
Clear provision for appeal to the High Court within 90 days |
Way forward:
- Promote Inclusive Dialogue and Trust-building: Establish structured consultations with religious leaders, civil society, and legal experts to address concerns and foster transparency.
- Strengthen Implementation with Oversight: Ensure effective digitization, fair dispute resolution, and regular audits through independent oversight bodies to prevent misuse and encroachment.
Mains PYQ:
[UPSC 2019] What are the challenges to our cultural practices in the name of secularism.
Linkage: Potential conflicts between secular principles and the freedom to practice cultural and religious traditions in India.
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Note4Students
From UPSC perspective, the following things are important :
Mains level: Gender issues;
Why in the News?
International Transgender Day of Visibility, held on March 31, brings attention to the problems transgender people still face, like unfair treatment in schools, jobs, and healthcare.
What challenges do transgender individuals face despite the 2019 Transgender Rights Act?
- Delays in Legal Recognition and ID Issuance: The certification process for transgender identity is slow and bureaucratic. e.g. As of December 2023, over 3,200 applications on the National Portal were pending beyond the 30-day limit.
- Lack of Self-Determination in Identity Recognition: The Act mandates a certification process rather than allowing self-identification, unlike global best practices. e.g. Transgender persons must get approval from a district magistrate instead of simply self-declaring their identity.
- Poor Implementation of Welfare Schemes: Many government schemes meant for transgender individuals are poorly implemented or inaccessible. e.g. In Delhi, out of about 4,200 transgender people (2011 Census), only 23 ID cards were issued by April 2022.
- No Provisions for Protection from Family Rejection or Police Harassment: The Act does not address key social challenges like violence, rejection, or abuse. e.g. Transgender persons facing domestic violence or harassment by authorities have little legal recourse under the Act.
- Continued Social Exclusion and Stigma: Despite legal recognition, social acceptance remains low, leading to discrimination in daily life. e.g. Many transgender individuals are still denied housing, employment, and public services due to prejudice.
Why does economic exclusion persist for the transgender community in India?
- Hiring Discrimination and Workplace Bias: Transgender individuals face exclusion during recruitment and hostility at work. e.g. A 2022 study reported a 48% unemployment rate among transgender people, far higher than the national average of 7-8%.
- Limited Industry Adoption of Inclusive Policies: Only a few companies have adopted transgender-inclusive hiring and workplace practices. e.g. while Tata Steel hired over 100 transgender employees, such initiatives are not widely adopted across industries.
- Barriers to Financial Inclusion: Many transgender individuals face hurdles in opening bank accounts or accessing credit. e.g. Despite a 2024 clarification allowing LGBTQ+ individuals to open joint bank accounts, broader financial exclusion still persists.
How do barriers in education and healthcare impact transgender inclusion?
- High Dropout Rates Due to Bullying and Harassment: Discrimination in schools leads to low retention and poor educational outcomes. e.g. In Kerala, 58% of transgender students dropped out due to bullying and lack of support.
- Low Literacy Levels Limit Opportunities: Inadequate access to quality education restricts upward mobility. e.g. The 2011 Census reported a transgender literacy rate of 56.1%, compared to the national average of 74.04%.
- Lack of Gender-Sensitive Infrastructure in Schools and Colleges: The absence of gender-neutral toilets and inclusive curricula creates an unwelcoming environment. e.g. Few institutions offer facilities like separate hostel rooms or transgender cells; Maharashtra is among the few states addressing this.
- Denial of Basic Healthcare Services: Transgender individuals are often refused treatment or face discrimination in hospitals. e.g. A National Legal Services Authority (NALSA) survey found that 27% were denied healthcare due to their gender identity.
- Limited Access to Gender-Affirming Treatments: High costs and lack of insurance make crucial medical procedures unaffordable. e.g. Gender-affirming surgeries cost between ₹2 lakh to ₹5 lakh, and despite the launch of Ayushman Bharat TG Plus, implementation is patchy.
Which state-level initiatives support transgender students in education?
- Maharashtra – Transgender Cells in Colleges: The state has established dedicated support cells in colleges to address the needs of transgender students. e.g. These cells help create a more inclusive academic environment by offering counseling and redressal mechanisms.
- Kerala – Reservation and Hostel Facilities: Kerala has introduced reserved seats for transgender students in universities and provided separate hostel facilities. e.g. The University of Kerala reserves seats for transgender individuals in postgraduate courses and provides dedicated accommodations.
- Tamil Nadu – Scholarships and Welfare Schemes: Tamil Nadu provides scholarships and educational assistance specifically for transgender students. e.g. The Third Gender Welfare Board supports education, skill training, and financial aid for transgender persons.
What measures can ensure genuine inclusion beyond symbolic visibility days?
- Enforce Anti-Discrimination Laws and Policies: Strong legal enforcement is needed to protect transgender rights in workplaces, schools, and public spaces. e.g. Implementing mandatory anti-discrimination clauses in employment policies can reduce workplace bias and ensure accountability.
- Promote Gender Sensitisation in Institutions: Regular awareness and training programs in schools, universities, and offices can change attitudes. e.g. Including transgender awareness in school curricula and conducting sensitisation workshops in workplaces helps reduce stigma and foster inclusion.
- Support Transgender Economic Empowerment: Inclusive hiring, access to credit, and government-backed entrepreneurship programs can boost livelihoods. e.g. Initiatives like targeted financial schemes and diversity hiring programs can help transgender entrepreneurs start businesses and gain financial independence.
Mains PYQ:
[UPSC 2024] Despite comprehensive policies for equity and social justice, underprivileged sections are not yet getting the full benefits of affirmative action envisaged by the Constitution. Comment.
Linkage: Lack of progress for underprivileged sections despite policy efforts.
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Note4Students
From UPSC perspective, the following things are important :
Mains level: India-US Relations;
Why in the News?
India faces lower U.S. tariffs than its rivals, making its exports more competitive. This can help expand market share and strengthen trade ties, possibly securing better terms through a future Bilateral Trade Agreement (BTA).
Why did Trump impose “reciprocal tariffs” on countries like India?
- Addressing Trade Deficits: Trump viewed large U.S. trade deficits as a national emergency and sought to correct them. Eg: India had a $30+ billion trade surplus with the U.S. in 2019, prompting higher tariffs.
- High Tariffs by Trading Partners: Claimed that countries like India imposed higher tariffs on U.S. goods while enjoying low tariffs in return. Eg: India’s 52% tariff on U.S. goods (as per Trump’s claim) led to a 27% tariff on Indian exports.
- Legal Justification Under IEEPA (1977): Used the International Emergency Economic Powers Act (IEEPA) to justify tariffs as a response to economic threats. Eg: Trump declared April 2 as “Liberation Day”, marking U.S. retaliation against trade imbalances.
- Targeting Specific Sectors with Unfair Trade Practices: Accused India of protecting key industries with high tariffs and non-tariff barriers. Eg: India’s high tariffs on motorcycles (100% in 2017, later reduced to 30%) were cited as unfair.
- Political Strategy for U.S. Domestic Industry: Aimed to protect American jobs and industries by reducing competition from low-cost imports. Eg: Tariffs targeted India’s gems, jewelry, and textiles sectors to favor U.S. producers.
Why was India’s response to the U.S. tariffs muted compared to others?
- Ongoing Bilateral Trade Agreement (BTA) Talks: India was engaged in negotiations with the U.S. for a Bilateral Trade Agreement (BTA) and did not want to escalate tensions. Eg: The Commerce Ministry stated that India values its Comprehensive Global Strategic Partnership with the U.S. and remained committed to BTA discussions.
- Lower Tariff Impact Compared to Regional Competitors: India’s 27% tariff penalty was lower than those imposed on Vietnam (46%), Thailand (37%), Bangladesh (37%), and Sri Lanka (44%), offering a slight comparative advantage. Eg: Indian exports faced less severe tariffs than competitors, reducing the immediate urgency for a retaliatory response.
- Focus on Exploring New Trade Opportunities: Instead of retaliation, India sought to leverage shifting global trade patterns and assess how the tariffs might create new export opportunities. Eg: The Commerce Ministry stated that it was studying “opportunities that may arise due to this new development.”
- Avoiding Direct Confrontation with a Key Strategic Partner: India prioritized maintaining strong diplomatic and strategic ties with the U.S., especially given their defense, geopolitical, and economic partnerships. Eg: Unlike China or the EU, which threatened countermeasures, India’s official statement was measured and non-confrontational.
- Selective Impact on Indian Industries: While some sectors like gems and jewelry were hit hard, others, such as automobiles and auto parts, were not significantly affected, reducing the immediate urgency for a strong reaction. Eg: The Gems & Jewellery Export Promotion Council (GJEPC) called for a quick resolution but did not demand aggressive retaliation.
Which Indian sectors are most affected by the 27% U.S. tariff?
- Gems & Jewelry Industry: The U.S. accounts for over 30% of India’s $32 billion annual gems and jewellery exports, making it the hardest-hit sector. Eg: The Gem & Jewellery Export Promotion Council (GJEPC) warned that sustaining India’s $10 billion export volume to the U.S. would be challenging.
- Textile & Apparel Sector: India is a major exporter of textiles and garments to the U.S., and higher tariffs could reduce price competitiveness against rivals like Vietnam and Bangladesh. Eg: The tariff increase could lead to order cancellations or a shift in sourcing to lower-tariff countries.
- Processed Food & Agricultural Exports: India exports rice, tea, spices, and processed food to the U.S., which are now subject to higher tariffs, making them more expensive for American consumers. Eg: Indian basmati rice and processed mango products could face a drop in demand due to higher costs.
How could India gain a comparative advantage? (Way forward)
- Lower Tariff Impact Compared to Competitors: India’s 27% tariff is lower than Vietnam (46%), Thailand (37%), Bangladesh (37%), and Sri Lanka (44%), making Indian goods relatively cheaper in the U.S. market. Eg: Indian textile and leather exports could remain more competitive than those from Bangladesh or Vietnam.
- Potential Market Share Expansion: Higher tariffs on regional competitors may shift U.S. import preferences toward India, increasing Indian exports in affected sectors. Eg: If Bangladesh’s apparel exports become too costly, U.S. buyers may turn to Indian manufacturers for sourcing.
- Strengthened Trade Relations with the U.S: By maintaining a measured diplomatic response and continuing trade negotiations, India can secure long-term benefits through a Bilateral Trade Agreement (BTA). Eg: A favorable BTA could lead to tariff reductions or exemptions for key Indian industries like pharmaceuticals and IT services.
Mains PYQ:
Question: How would the recent phenomena of protectionism and currency manipulations in world trade affect the macroeconomic stability of India? [UPSC 2022]
Linkage: The potential impact of protectionist measures (like tariffs) on India’s economy.
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Note4Students
From UPSC perspective, the following things are important :
Mains level: Minority in South East Asia;
Why in the News?
The removal of Sheikh Hasina in August 2024 has raised concerns about violence against Hindus in Bangladesh. Religious minorities in South Asia, especially India and Pakistan, are facing increasing challenges that have worsened since Partition.
What are the key factors contributing to the decline in the status of religious minorities in South Asia since Partition?
- Majoritarian Nationalism & Religious Extremism: Rise of Hindutva politics in India, Islamization of laws in Pakistan, and political Islamization in Bangladesh have led to exclusionary policies and attacks on minorities. Eg: Pakistan’s blasphemy laws disproportionately target Christians, Hindus, and Ahmadis, often leading to mob violence.
- Communal Violence & Targeted Persecution: Repeated riots, lynchings, and attacks on places of worship have created fear and displacement among minorities. Eg: The 1971 Bangladesh Liberation War saw mass violence against Hindus; attacks on Hindus during Durga Puja 2021 in Bangladesh highlight continued persecution.
- Legal & Institutional Discrimination: Laws and policies systematically disadvantage minorities, restricting their rights to education, property, and political participation. Eg: India’s Citizenship Amendment Act (CAA), 2019, excludes Muslims from fast-track citizenship; Pakistan’s separate electorate system (before 2002) marginalized minorities.
- Political Instability & State Apathy: Changing political dynamics often leave minorities vulnerable to state inaction or deliberate neglect.Eg: The deposition of Sheikh Hasina in 2024 has led to increased violence against Hindus in Bangladesh, reflecting the role of political shifts in minority safety.
- Cross-Border Tensions & Geopolitical Factors: Tensions between India, Pakistan, and Bangladesh over religious issues fuel polarization and hostility towards minorities. Eg: 1992 Babri Masjid demolition in India led to retaliatory violence against Hindus in Pakistan and Bangladesh, worsening interfaith relations.
How did the Nehru-Liaquat Ali Pact aim to address minority concerns?
- Protection of Minority Rights: The pact, signed in 1950, aimed to safeguard the rights of religious minorities in India and Pakistan, ensuring security, freedom of movement, and non-discrimination. Eg: It assured that minorities in both countries could practice their religion freely without fear of persecution.
- Creation of Minority Commissions & Legal Safeguards: Both nations agreed to set up Minority Commissions to address grievances and ensure the implementation of protective measures. Eg: The pact led to the establishment of a Branch Secretariat of the Ministry of External Affairs (MEA) in Calcutta to monitor the situation.
- Prevention of Forced Migration & Refugee Crisis Management: The pact sought to reduce communal tensions and prevent forced migration by ensuring the safety of minorities in both countries. Eg: It aimed to halt mass population exchanges, which were being considered by leaders like Sardar Patel in response to escalating refugee crises.
What were its limitations?
- Failure to Prevent Long-Term Religious Persecution: Despite assurances, violence against religious minorities continued in both India and Pakistan, undermining the pact’s effectiveness. Eg: Large-scale anti-Hindu riots in East Pakistan (now Bangladesh) in 1950 and later events like the 1971 Bangladesh Liberation War led to mass Hindu migration to India.
- Lack of Strong Enforcement Mechanisms: The pact lacked binding enforcement mechanisms, relying on political goodwill rather than legal obligations, making it difficult to sustain over time. Eg: The Minority Commissions proposed under the pact had limited authority, leading to weak implementation and minimal impact on ground realities.
What are the implications of political developments in Bangladesh on India-Bangladesh relations?
- Increased Strain Due to Minority Persecution: Rising violence against Hindus in Bangladesh creates diplomatic tensions, as India sees itself as a protector of South Asian Hindus. Eg: Attacks on Hindu temples and communities after Sheikh Hasina’s deposition in 2024 have led to concerns in India about the safety of minorities.
- Security Concerns & Border Management: Political instability in Bangladesh can lead to illegal migration, cross-border insurgency, and smuggling, affecting India’s internal security. Eg: India has strengthened border security along the India-Bangladesh border to curb illegal immigration and Rohingya refugee movements.
How can South Asian nations develop a more inclusive framework to protect religious minorities and promote regional stability? (Way forward)
- Strengthen Legal & Institutional Safeguards: Implement strict anti-discrimination laws and establish independent minority rights commissions to monitor violations. Eg: India’s National Commission for Minorities (NCM) works to safeguard minority rights, but a regional body could ensure cross-border protection.
- Promote Regional Cooperation & Crisis Response: Develop joint mechanisms for refugee protection, minority safety, and early conflict resolution. Eg: The SAARC framework could be expanded to include a South Asian Minority Rights Charter, ensuring accountability.
- Ensure Socio-Economic Inclusion: Invest in education, employment, and political participation programs for minority communities. Eg: Bangladesh’s Ashrayan Project provides housing to marginalized groups, a model that can be scaled regionally.
Mains PYQ:
Question: The protests in Shahbag Square in Dhaka in Bangladesh reveal a fundamental split in society between the nationalists and Islamic forces. What is its significance for India? [UPSC 2013]
Linkage: The significant socio-political event in Bangladesh and asks about its implications for India. The underlying tensions between nationalist and religious forces, are crucial for understanding the context of minority issues in Bangladesh.
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Note4Students
From UPSC perspective, the following things are important :
Mains level: India-China relation;
Why in the News?
On April 1, China and India celebrated 75 years of diplomatic relations. Despite some challenges, their bond has kept growing, just like the Yangtze and Ganges rivers.
What are the key factors that have influenced China-India relations over the past 75 years?
- Strategic Leadership & Diplomatic Initiatives: Leaders have played a pivotal role in shaping ties at critical junctures. Example: In 1950, Nehru and Mao established diplomatic relations, and in 1988, Rajiv Gandhi’s visit to China helped normalize relations after the 1962 war.
- Border Disputes & Security Concerns: The unresolved boundary issue has been a major friction point. Example: The 1962 India-China War and recent tensions in Ladakh (Galwan clash, 2020) highlight ongoing territorial disputes.
- Economic Engagement & Trade Relations: Bilateral trade has expanded significantly, despite political tensions. Example: Trade increased from under $3 billion in 2000 to $138.5 billion in 2024, making China India’s largest trading partner.
- Multilateral Cooperation & Global Governance: Both nations collaborate in international forums but also compete for regional influence. Example: India and China work together in BRICS, SCO, and G-20 but differ in strategies for regional dominance (e.g., Indo-Pacific and BRI).
- Cultural & People-to-People Ties: Historical and civilizational ties continue to foster mutual understanding. Example: The influence of scholars like Rabindranath Tagore and the contribution of Dr. Kotnis in China during WWII symbolize enduring cultural bonds.
How have the leaders of China and India guided their bilateral relations during critical historical junctures?
- Establishment of Diplomatic Ties (1950): Prime Minister Jawaharlal Nehru and Chairman Mao Zedong formalized relations, making India the first non-socialist country to recognize the People’s Republic of China.
- Normalization Post-1962 War (1988): Prime Minister Rajiv Gandhi’s visit to China marked a turning point, leading to agreements on peace and cooperation, setting the stage for improved ties.
- Economic & Strategic Engagement (2003-2013): Under Atal Bihari Vajpayee and Hu Jintao, India recognized Tibet as part of China, and China acknowledged Sikkim as part of India, fostering trade and diplomatic ties.
- Informal Summits for Stability (2018-2019): Prime Minister Narendra Modi and President Xi Jinping held informal summits in Wuhan (2018) and Mamallapuram (2019) to ease tensions and enhance strategic trust.
- Crisis Management & Recent Diplomatic Talks (2023-2024): Amid border tensions, diplomatic channels, such as the Special Representatives’ talks and Foreign Minister-level dialogues helped maintain stability and explore solutions.
How can China and India promote a multipolar world and protect developing countries’ interests?
- Strengthening Multilateral Organizations: Both nations actively contribute to BRICS, the Shanghai Cooperation Organisation (SCO), and the G-20 to ensure developing countries have a greater voice in global governance.
- Advocating for Fair Trade and Economic Policies: They push for reforms in the World Trade Organization (WTO) and International Monetary Fund (IMF) to make global trade and financial systems more inclusive and equitable.
- Enhancing South-South Cooperation: Initiatives like China’s Belt and Road Initiative (BRI) and India’s Development Partnership Administration (DPA) can support infrastructure, healthcare, and education in Africa, Latin America, and Asia.
- Promoting an Inclusive Global Order: China and India have called for United Nations (UN) Security Council reforms to give more representation to emerging economies, ensuring a balanced global power structure.
- Joint Climate and Sustainable Development InitiativesThey collaborate in forums like the International Solar Alliance (ISA) and advocate for climate justice, ensuring fair access to green technology and funding for developing nations.
What steps can China and India take to strengthen their bilateral economic and trade cooperation? (Way forward)
- Enhancing Trade Facilitation and Reducing Barriers: Both nations can work towards reducing tariffs and non-tariff barriers to improve market access. Example: Streamlining customs procedures and regulatory harmonization can facilitate smoother trade in key sectors like pharmaceuticals, electronics, and textiles.
- Boosting Investments and Joint Ventures: Encouraging mutual investments in infrastructure, manufacturing, and technology sectors to foster economic interdependence. Example: China’s investment in India’s mobile phone sector (e.g., Xiaomi and Oppo factories in India) can be expanded to other industries like renewable energy and automobile manufacturing.
- Strengthening Supply Chain Resilience: Both countries can collaborate to create diversified supply chains and reduce overdependence on Western markets. Example: Joint production and R&D in semiconductor manufacturing to reduce dependency on third-party nations.
- Promoting Digital and Financial Cooperation: Expanding digital economy collaboration, including fintech, e-commerce, and AI-driven solutions. Example: Enabling regulated entry of Indian fintech firms into China’s market and vice versa, similar to how Chinese tech firms like Alibaba and Tencent have invested in Indian startups.
- Expanding Multilateral and Regional Cooperation: Strengthening collaboration in platforms like BRICS, SCO, and RCEP to enhance economic integration. Example: Coordinating policies on global trade issues like WTO reforms, climate finance, and digital trade governance to promote shared economic interests.
Mains question for practice:
Question: ‘Quadrilateral Security Dialogue (Quad)’ is transforming itself into a trade bloc from a military alliance, in present times – Discuss. [UPSC 2020]
Linkage: Quad, a strategic dialogue involving India, the US, Japan, and Australia, which is widely seen as a counter to China’s growing influence in the Indo-Pacific. Understanding the Quad’s evolving nature is crucial for analyzing India’s strategic choices in relation to China.
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Note4Students
From UPSC perspective, the following things are important :
Mains level: Indian Education System;
Why in the News?
India’s education system was neglected for decades, with no major policy update since 1986. While the world evolved, India remained stuck in outdated methods, resisting technological and global advancements.
What were the key flaws in India’s education system before NEP 2020?
- Outdated and Rigid Curriculum: The last major policy revision was in 1986 (with minor changes in 1992), making the education system disconnected from modern technological and economic advancements. Example: While global education systems embraced digital learning and skill-based curricula.
- Lack of Access and Equity: The system failed to provide inclusive education, with marginalized communities, women, and rural students facing significant barriers. Example: Inadequate scholarships, lack of infrastructure in rural schools, and gender disparity led to lower enrollments among Scheduled Castes (SC), Scheduled Tribes (ST), and women.
- Political Interference and Corruption: Governance bodies like UGC and AICTE became instruments of political control rather than enablers of academic excellence. Example: The 2009 Deemed University scandal, where 44 private institutions were granted university status without proper evaluation, exposing financial irregularities.
- Underfunded Public Education & Rise of Unregulated Private Institutions: Public universities were systematically starved of funds, leading to poor infrastructure and faculty shortages. Meanwhile, private institutions emerged as degree mills with little regulation. Example: Many engineering and medical colleges prioritized profit over education quality, leading to subpar graduates with minimal employable skills.
- Eurocentric and Ideologically Driven Curriculum: The education system failed to incorporate India’s rich intellectual and cultural heritage, with history often being selectively framed to suit political narratives. Example: Contributions of revolutionaries like Bhagat Singh, Chandra Shekhar Azad, and Veer Savarkar were downplayed.
How has the NEP 2020 contributed to improving access, equity, and quality in education in India?
- Increased Access to Education for Marginalized Groups: NEP 2020 introduced policies to improve enrollment among SCs, STs, OBCs, and minorities. Example: Enrollment in higher education increased by 50% for SCs, 75% for STs, and 54% for OBCs since 2014-15. Women’s enrollment also grew by 38.8% in 2022-23.
- Expansion of Early Childhood Education & Foundational Learning: NEP 2020 introduced the 5+3+3+4 system, focusing on foundational literacy and numeracy. Example: The NIPUN Bharat Mission aims to ensure that every child attains foundational literacy and numeracy by Grade 3.
- Multilingual Education & Inclusion of Indian Knowledge Systems (IKS): Promotes regional languages in schools and integrates traditional knowledge into the curriculum. Example: The Bharatiya Bhasha Pustak Yojana aims to publish 15,000 textbooks in 22 Indian languages to make higher education accessible in local languages.
- Improved Infrastructure & Teacher-Student Ratio: NEP 2020 mandates modern infrastructure, teacher training, and support systems to improve learning outcomes. Example: Per-child government expenditure increased by 130% (from ₹10,780 in 2013-14 to ₹25,043 in 2021-22), leading to improved pupil-teacher ratios and reduced dropout rates.
- Quality Enhancement Through Skill-Based & Digital Learning: NEP 2020 emphasizes coding, AI, and multidisciplinary learning to prepare students for the future. Example: Over 10,000 Atal Tinkering Labs (ATLs) have been set up to promote STEM education, and plans are underway to establish 50,000 more with broadband access.
Why is the empowerment of women a key focus of the education reforms under NEP 2020?
- Bridging Gender Gaps in Education: NEP 2020 emphasizes increasing female enrollment across all levels of education. Example: Female enrollment in higher education grew by 38.8%, crossing 2.18 crore in 2022-23. Among Muslim minority students, female enrollment rose by 57.5%.
- Encouraging Women in STEMM Fields: The policy promotes gender inclusion in science, technology, engineering, mathematics, and medicine (STEMM). Example: Women now make up 43% of students in STEMM fields, breaking traditional gender barriers in male-dominated domains.
- Improving Female Representation in Academia: NEP 2020 ensures equal opportunities in teaching and research positions. Example: The proportion of female teachers increased from 38.6% in 2014 to 44.23%, transforming academic leadership landscapes.
- Financial and Social Support for Girls’ Education: NEP 2020 promotes scholarships, financial aid, and safety measures to encourage girls’ education. Example: The introduction of Gender Inclusion Fund supports school infrastructure, sanitary facilities, and incentives for female students.
- Skill Development & Economic Independence: NEP 2020 integrates vocational training, entrepreneurship, and digital literacy to empower women economically. Example: The policy supports multidisciplinary learning and skilling programs that prepare women for careers in emerging fields like AI and data science.
Which NEP 2020 initiatives promote innovation and research in education?
- Establishment of the National Research Foundation (NRF): The NRF aims to fund, mentor, and support research across disciplines by integrating industry and academia. Example: India’s research publications have increased by 88% since 2015, and India’s ranking in the Global Innovation Index improved from 76 (2014) to 39 (2023).
- Introduction of Atal Tinkering Labs (ATLs) for Grassroots Innovation: Over 10,000 ATLs have been set up in schools to nurture a culture of experimentation, problem-solving, and innovation among students. Example: The government plans to expand ATLs to 50,000 schools with broadband connectivity in the next five years.
- Multidisciplinary and Flexible Learning Approach: NEP 2020 promotes multidisciplinary research by breaking rigid subject barriers and introducing coding, artificial intelligence (AI), and data science at the school level. Example: Indian Knowledge Systems (IKS) are being integrated into over 8,000 higher education institutions, encouraging innovation rooted in traditional knowledge.
Way forward:
- Enhanced Public-Private Collaboration in Research & Innovation: Strengthen industry-academia partnerships to bridge the skill gap, improve employability, and boost indigenous research in emerging technologies like AI, quantum computing, and biotechnology.
- Robust Monitoring & Implementation Framework: Establish independent regulatory bodies to track progress, ensure equitable access, and prevent commercialization of education, ensuring that NEP 2020 achieves its intended objectives effectively.
Mains PYQ:
Question: National Education Policy 2020 is in conformity with the Sustainable Development Goal-4 (2030). It intends to restructure and reorient education system in India. Critically examine the statement. [UPSC 2020]
Linkage: Critical examination of the policy’s intent to restructure and reorient the education system.
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Note4Students
From UPSC perspective, the following things are important :
Mains level: Assurances in Parliament;
Why in the News?
Since 2014, the Ministry of Home Affairs made 421 assurances in the Lok Sabha and 338 in the Rajya Sabha. However, it dropped about 15% of the assurances in the Lok Sabha and 12% in the Rajya Sabha, which is the highest among all the ministries in both houses.
What is an ‘Assurance’ in the parliamentary process, and how is it tracked?
- An assurance in the parliamentary process is a commitment made by a Ministry or the executive during a parliamentary session, where the government undertakes to take further action or report back on a matter raised by a Member of Parliament (MP). Example: If an MP asks about the status of a government project, and the Minister promises to provide an update or take further action, that promise becomes an assurance.
- Tracking of Assurances: Assurances are tracked by the Ministry of Parliamentary Affairs using the Online Assurance Monitoring System (OAMS). The system keeps records of whether assurances are fulfilled, pending, or dropped. If an assurance is not fulfilled within three months, the Ministry must apply for an extension or request that it be dropped.Example: A query about the status of the Adani ports, raised by Congress MP B. Manickam Tagore in 2023, resulted in an assurance, but as of 2024, the assurance remains pending.
Why has the Ministry of Home Affairs dropped the highest number of assurances in Parliament?
- Lack of Follow-up on Critical Issues: The Ministry often fails to follow through on assurances related to significant national security issues, leading to unfulfilled promises. For example, a question on the state-wise number of terrorist attacks and the number of terrorists arrested and killed, raised by former MP Sirajuddin Ajmal in 2014, was left unanswered, and the assurance was dropped.
- Delayed Response to Investigative Matters: The Ministry often fails to follow up on assurances related to complex investigations. An example is the question raised by MP Asaduddin Owaisi in 2014 regarding ‘out of turn promotions’ and ‘gallantry awards’ given to policemen involved in fake encounters, which remained unanswered and was eventually dropped.
- Inability to Fulfill Commitments on Security Incidents: The Ministry has been slow in responding to assurances related to major security incidents. For instance, questions raised by MP Manish Tiwari in 2019 and 2020 regarding the Pulwama terror attack investigation were not fully addressed, resulting in these assurances being dropped.
Which ministries have the most pending and dropped assurances in the Lok Sabha and Rajya Sabha?
- Ministry of Home Affairs: The Ministry of Home Affairs has the highest number of dropped assurances across both the Lok Sabha and Rajya Sabha. For example, questions regarding terrorist attacks and the status of security-related investigations, like the one raised by former MP Sirajuddin Ajmal about terrorist attacks, have not been answered, leading to the dropping of the assurance.
- Other Ministries with High Numbers: Besides the Home Ministry, other ministries like Finance, Law and Justice, Road Transport and Highways, and Railways also feature among the top ministries with the most dropped assurances. For example, the assurance related to the investigation of the Adani Group, raised by MP Mahua Moitra in 2021, was dropped by the Finance Ministry despite the promise of further details on foreign investments and SEBI’s inquiry.
How does the Online Assurance Monitoring System (OAMS) help in tracking government assurances?
- Tracking and Monitoring: The Online Assurance Monitoring System (OAMS) allows for real-time tracking of assurances made by the government in Parliament. It records and publishes the status of each assurance, ensuring that the government is held accountable for its commitments. For example, the OAMS portal shows that nearly 65% of the assurances made in 2024 in the Lok Sabha were still pending as of March 24, 2024.
- Transparency and Accountability: OAMS provides transparency by making the status of all assurances accessible to the public. This helps track whether ministries are fulfilling their promises in a timely manner or whether they request extensions. For example, it highlighted the pending status of the assurance regarding the Adani Group’s ports, made in 2023, which has still not been addressed.
What are some notable examples of assurances that remain pending or were dropped between 2014 and 2024?
- Adani Group Ports Assurance: In 2023, Congress MP B. Manickam Tagore asked about the status of government-constructed ports and the volume of trade at Adani-owned ports compared to state-owned ventures. The assurance given in response to this question remains pending as of 2024.
- Investigation into the Adani Group: In 2021, MP Mahua Moitra raised the issue of investigating the Adani Group and foreign portfolio investors owning stakes in the company. The Finance Ministry provided some details but later dropped the assurance, leaving the matter unresolved.
- Pulwama Terror Attack Assurances: Congress MP Manish Tiwari raised questions about the Pulwama terror attack in 2019 and 2020, but the Ministry of Home Affairs dropped the assurances related to those questions, leaving the issues without a formal follow-up.
Way forward:
- Strengthening Follow-Up Mechanisms: To improve accountability, there should be a more robust system for tracking and following up on assurances. Ministries should be mandated to provide periodic updates, and a dedicated parliamentary committee could be formed to ensure timely resolution.
- Enforcing Deadlines for Assurance Fulfillment: The government should consider setting stricter deadlines for fulfilling assurances, with consequences for non-fulfillment.
Mains PYQ:
Question: “Winning of ‘Hearts and Minds’ in terrorism-affected areas is an essential step in restoring the trust of the population. Discuss the measures adopted by the Government in this respect as part of the conflict resolution in Jammu and Kashmir.” [UPSC 2024]
Linkage: Counter-terrorism efforts and the situation in Jammu and Kashmir, both significant areas of responsibility for the MHA. In response to such a question, the MHA might give assurances about specific measures being taken, data on their impact, or future plans.
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Note4Students
From UPSC perspective, the following things are important :
Mains level: Issues related delimitation;
Why in the News?
The discussion on delimitation and financial distribution has caused worries in Parliament and State Assemblies, as it could affect India’s federal system, especially with the upcoming end of the freeze on parliamentary seats.
What are the key concerns in delimitation and financial devolution?
- Impact on Federalism: The redistribution of seats may reduce representation for some states, especially those with better demographic management, affecting their political influence. Example: Southern states like Tamil Nadu and Kerala may lose seats relative to northern states like Uttar Pradesh and Bihar.
- Population vs. Representation Imbalance: States with high population growth could gain more seats, while those that controlled their population may be underrepresented. Example: The 2026 delimitation may increase seats in northern states, reducing the share of states like Karnataka and Andhra Pradesh.
- Financial Allocation Disparity: The shift from the 1971 population base to the 2011 census for financial devolution may disadvantage states that effectively controlled population growth. Example: The 15th Finance Commission’s formula increased the weight of population (from 0.15 to 0.27), benefiting larger states like Uttar Pradesh.
- Challenges of Caste and Gender-Based Reservations: Any redistribution must ensure that marginalized communities continue to receive fair representation despite demographic changes. Example: The Women’s Reservation Bill and SC/ST reserved seats need careful adjustments post-delimitation to maintain proportional representation.
Why are peninsular States anxious about delimitation?
- Reduction in Lok Sabha Seats: States like Tamil Nadu, Kerala, and Karnataka have controlled population growth, whereas states like Uttar Pradesh and Bihar have higher birth rates.Example, If seats are redistributed based on 2026 population projections, peninsular states may lose seats while northern states gain more representation.
- Unfair Distribution of Financial Resources: The 15th Finance Commission shifted to using the 2011 Census for fund allocation, benefiting high-population states. Example: Tamil Nadu and Kerala, despite better governance, receive fewer funds compared to Uttar Pradesh and Madhya Pradesh, which have weaker social indicators.
- Penalty for Development Success: Southern states invested in education, healthcare, and family planning, successfully controlling their population. Example: Kerala’s high literacy rate and Tamil Nadu’s low fertility rate may lead to fewer seats, reducing their voice in national decision-making.
How did the 15th Finance Commission adjust population weightage?
- Shift from 1971 to 2011 Census Data: The 15th Finance Commission replaced the 1971 Census with the 2011 Census for financial devolution, increasing the weightage of states with larger populations. Example: Uttar Pradesh and Bihar, with high population growth, received a greater share of central funds.
- Incorporation of Demographic Performance: To balance the impact on states with controlled population growth, the commission introduced a demographic performance criterion. Example: Kerala and Tamil Nadu, which successfully reduced fertility rates, were given some weightage to offset their lower population share.
- Increased Weightage for Population Component: The weightage for population in financial devolution increased from 15% (in previous commissions) to 27% under the 15th Finance Commission. Example: Madhya Pradesh and Rajasthan, with high population growth, benefited more from this adjustment.
What is the role of demographic performance in allocation and representation?
- Balancing Population Growth with Development: Demographic performance considers not just population size, but how well a state has managed population growth, improving socio-economic indicators like fertility rates and life expectancy.
- Example: Kerala, which has a low birth rate due to effective family planning policies, might not see a drastic population increase but still deserves fair representation based on its demographic success.
- Addressing Disparities in Development: States with high population growth but poor demographic performance (e.g., high fertility rates, poor health outcomes) may receive less weight in allocation to balance out the disparity with better-performing states.
- Example: Bihar and Uttar Pradesh, which have high population growth but relatively poor health and education indicators, may see their representation balanced with the inclusion of demographic performance factors.
- Promoting Equity in Resource Allocation: Demographic performance allows for a more equitable distribution of resources by considering how well states manage their population and its needs. This ensures that states with better demographic indicators, like lower infant mortality or higher literacy rates, are not unfairly penalized in devolution and allocation.
- Example: Tamil Nadu, which has effectively reduced its population growth while improving key development metrics, should be rewarded with adequate representation despite its smaller population size compared to more populous states like Madhya Pradesh.
Which alternatives to absolute population can guide representation? (Way forward)
- Population Density-Based Representation: Instead of using absolute population, population density (people per square kilometer) can be a guiding factor to ensure fair representation. Example: The Northeastern states (e.g., Arunachal Pradesh, Nagaland) have smaller populations but are allocated seats based on geographical and density considerations.
- Demographic Performance as a Criterion: States that have successfully controlled population growth should not be penalized; demographic performance (such as fertility rates and health indicators) can be factored in. Example: Tamil Nadu and Kerala, which have lower fertility rates, could be granted additional weightage to compensate for their lower population growth.
Mains PYQ:
Question: What is the basis of regionalism? Is it that unequal distribu- tion of benefits of development on regional basis eventually promotes regionalism? [UPSC 2016]
Linkage: Focusing solely on national population figures might mask significant regional disparities that need to be addressed through differentiated policies and resource allocation.
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Note4Students
From UPSC perspective, the following things are important :
Mains level: Issues related to the judiciary;
Why in the News?
Social media has been flooded with memes, and one of the most popular ones says, “For the first time, a fire brigade has started more fires than it put out.” The truth is, the fire is still burning. This perfectly reflects the ongoing controversy surrounding the Delhi High Court judge and the half-burnt currency notes case.
What key issues arise from the Delhi High Court Judge controversy over half-burnt currency notes?
- Allegations of Corruption in the Judiciary: The discovery of half-burnt currency notes at a judge’s residence raises suspicions of financial misconduct and corruption within the judiciary. Example: The Justice P.D. Dinakaran case, where allegations of land grabbing and corruption led to his resignation before impeachment proceedings.
- Lack of Immediate Legal Action and Accountability: Unlike other public officials who face direct investigations, the judge in question was merely repatriated to his parent High Court, reflecting a selective approach to judicial accountability. Example: Justice Soumitra Sen of Calcutta High Court was impeached for financial misconduct, but only after prolonged proceedings, highlighting delays in judicial accountability.
- Opacity in Internal Inquiry Mechanisms: The judiciary relies on internal probes rather than independent investigations, raising concerns about transparency and impartiality in handling misconduct. Example: The former CJI Ranjan Gogoi sexual harassment case, where an internal Supreme Court panel cleared him without an external review, leading to public outcry.
Why has the Collegium system of judicial appointments in India faced criticism over the years?
- Lack of Transparency and Accountability: The Collegium functions through closed-door deliberations without publicly disclosing selection criteria or reasons for appointments and rejections. Example: In 2019, Justice Akil Kureshi’s elevation was delayed without a clear explanation, raising concerns over executive influence and opaque decision-making.
- Nepotism and Judicial Dynasties: The system has been criticized for favoring judges’ relatives and individuals with strong connections rather than selecting candidates purely on merit. Example: The presence of multiple second-generation judges in the Supreme Court, such as Justice D.Y. Chandrachud (son of former CJI Y.V. Chandrachud), has fueled debates over judicial nepotism.
- Lack of Diversity and Inclusivity: The Collegium system has led to an underrepresentation of marginalized communities, women, and candidates from diverse backgrounds in the higher judiciary. Example: As of 2024, the percentage of women judges in the Supreme Court remains significantly low, with only three out of 34 judges being women.
How can the establishment of an Indian Judicial Service help address concerns regarding judicial accountability and transparency?
- Merit-Based and Transparent Selection Process: The IJS would ensure that judges are selected through a competitive examination, reducing nepotism and favoritism in judicial appointments. Example: Similar to the Indian Administrative Service (IAS), where UPSC conducts open and merit-based recruitment, an IJS would create a level playing field for candidates from diverse backgrounds.
- Greater Diversity and Inclusivity in the Judiciary: A national-level selection system would bring in candidates from different social, economic, and regional backgrounds, making the judiciary more representative. Example: Currently, women and marginalized communities are underrepresented in the higher judiciary, but an IJS could help bridge this gap by ensuring equal opportunities.
- Stronger Oversight and Accountability Mechanisms: Judges recruited through IJS could be subjected to periodic performance reviews and disciplinary oversight, ensuring accountability and ethical conduct. Example: In Germany, judges are part of a structured civil service system with evaluation and accountability mechanisms, ensuring higher judicial standards.
Who would be responsible for conducting the recruitment process for the Indian Judicial Service?
- Union Public Service Commission (UPSC) as the Conducting Authority: The UPSC, which already handles merit-based recruitment for civil services like IAS and IPS, could be entrusted with conducting exams for IJS to ensure transparency and fairness. Example: The Judicial Services Examination at the state level is conducted by State Public Service Commissions; a national-level IJS could follow the same model under UPSC.
- Supreme Court and High Courts for Selection Criteria and Oversight: The Supreme Court, in consultation with High Courts and legal experts, could frame eligibility criteria, syllabus, and selection methods to maintain judicial independence. Example: The All India Judicial Service (AIJS) proposal, discussed since the 1960s, suggested a recruitment system similar to UPSC but with judicial oversight to ensure fairness.
- Independent Judicial Commission for Monitoring and Appointments: An autonomous body, comprising retired judges, legal scholars, and judicial officers, could be set up to oversee appointments and address grievances. Example: Judicial Appointments Commissions exist in the UK, where an independent body handles judicial recruitment, preventing executive or political interference.
Way forward:
- Balanced Judicial Appointments with Greater Transparency: Establish a Judicial Appointments Commission (JAC) that includes representatives from the judiciary, executive, and civil society to ensure a more transparent and accountable selection process.
- Strengthening Judicial Accountability Mechanisms: Implement periodic performance reviews and ethical oversight for judges, with an independent body monitoring judicial conduct and financial integrity.
Mains PYQ:
Question: Critically examine the Supreme Court’s judgement on ‘National Judicial Appointments Commission Act, 2014’ with reference to appointment of judges of higher judiciary in India. [UPSC 2017]
Linkage: Existing mechanism for judicial appointments and the debates surrounding it. The discussion on an IJS often arises as an alternative or complementary approach to the current system, aiming for greater transparency and potentially reducing the scope for concerns raised in the NJAC debate.
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Note4Students
From UPSC perspective, the following things are important :
Mains level: Issues related to women;
Why in the News?
More urban women have paid jobs but still handle most household work. Though more men now help, the gender gap remains wide. Northeastern states see higher male participation in domestic works.
What are the trends in urban women’s participation in paid jobs and household work?
- Increase in Paid Employment but Still Low: The share of urban women engaged in paid work rose from 15.5% in 2019 to 18% in 2024. Example: In Tamil Nadu and Telangana, about 25% of urban women participate in paid work, significantly higher than Bihar (9%) and Uttar Pradesh (10%).
- Unpaid Household Work Burden Remains High: Despite employment growth, the share of women doing unpaid household work increased from 79.3% to 81%. Example: In Karnataka and Himachal Pradesh, over 80% of employed women also do unpaid domestic chores, highlighting the dual burden.
- More Men Helping, but Gender Gap Persists: The share of urban men doing unpaid domestic work rose from 23% to 28.5%, but women’s share remains disproportionately high. Example: In Kerala and Northeastern states (Sikkim, Nagaland, Arunachal Pradesh), over 50% of urban men participate in household chores, while in most states, it remains between 20-40%.
Why does the gender gap in household chores persist despite more men helping?
- Deeply Rooted Social Norms and Gender Roles: Household work is still perceived as a woman’s responsibility, while men’s participation is seen as “helping” rather than sharing duties equally.
Example: Even in urban households where women work full-time, they are expected to manage cooking, cleaning, and childcare, while men engage in minimal domestic tasks.
- Unequal Time Distribution Between Paid and Unpaid Work: Women balance both employment and domestic responsibilities, whereas men often focus primarily on paid jobs. Example: In Karnataka and Himachal Pradesh, over 80% of employed women still do household chores, while men’s share remains significantly lower.
- Limited Structural Support for Household Work: Lack of affordable childcare, elderly care services, and domestic help forces women to take on more unpaid work. Example: Countries like Sweden offer state-funded childcare and paternity leave, reducing the burden on women, whereas India lacks similar support systems.
- Workplace Expectations and Rigid Work Hours: Men often work longer hours outside the home and face social stigma if they take time off for household chores. Example: In corporate India, men who seek flexible work hours for family responsibilities may face negative career perceptions, unlike in Nordic countries, where parental leave is encouraged for both genders.
- State-Wise Cultural Differences in Gender Roles: Some states, particularly in Northeast India (Sikkim, Nagaland, Arunachal Pradesh), have higher male participation in household chores due to more egalitarian traditions. Example: In Kerala, 44% of men contribute to domestic work, but in states like Uttar Pradesh and Bihar, men’s participation remains under 30% due to traditional patriarchal norms.
Which Indian states have the most urban men doing unpaid household work?
- Northeastern States Lead in Male Participation: Sikkim, Arunachal Pradesh, and Nagaland have the highest share of urban men engaged in household chores, with over 50% participation. Example: In these states, matrilineal or more egalitarian traditions encourage men to take on domestic responsibilities, unlike in many other parts of India.
- Kerala Tops Among Major States: Kerala has 44% of urban men involved in household work, the highest among major Indian states. Example: Kerala’s higher literacy rates, progressive gender norms, and a strong service sector contribute to greater male involvement in domestic chores compared to states like Uttar Pradesh and Bihar, where men’s participation remains below 30%.
Why is female workforce participation higher in Tamil Nadu, Telangana, and Karnataka?
- Strong Industrial and Service Sectors: These states have thriving industries like textiles, IT, and manufacturing, which offer more employment opportunities for women. Example: Tamil Nadu’s garment industry, Telangana’s pharmaceutical sector, and Karnataka’s IT and startup ecosystem employ a significant number of women.
- Progressive Socio-Cultural Norms and Policies: Higher literacy rates, better education access, and state-driven welfare policies encourage female employment. Example: Tamil Nadu’s Cradle Baby Scheme and Telangana’s WE-Hub for women entrepreneurs promote women’s workforce participation.
- Higher Urbanization and Better Infrastructure: Cities like Chennai, Hyderabad, and Bengaluru provide better public transport, safety measures, and childcare facilities, making it easier for women to work. Example: Karnataka’s free bus travel for women initiative improves women’s mobility, indirectly supporting their workforce participation.
Way forward:
- Strengthening Gender-Inclusive Policies: Implement affordable childcare, flexible work hours, and workplace safety measures to support women’s workforce participation.
- Encouraging Equal Domestic Responsibility: Promote shared household duties through awareness campaigns, parental leave policies, and incentives for men to engage in unpaid domestic work.
Mains PYQ:
Question: Distinguish between gender equality, gender equity and women’s empowerment. Why is it important to take gender concerns into account in programme design and implementation? [UPSC 2024]
Linkage: The gap between men and women in household work shows that equality at home is still missing, making it harder for women to be truly empowered.
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Note4Students
From UPSC perspective, the following things are important :
Mains level: Fundamental Right;
Why in the News?
The Supreme Court quashed the FIR against Congress MP Imran Pratapgarhi, stating that even if many people dislike someone’s views, their right to express them must be respected and protected.
What was the Supreme Court’s rationale for quashing Imran Pratapgarhi’s FIR?
- Poem Did Not Incite Violence or Enmity: The court ruled that the poem “Ae khoon ke pyase baat suno” did not promote violence or hatred but instead advocated facing injustice with love. Example: The court compared this to other forms of artistic expression, such as satire and stand-up comedy, which may provoke strong reactions but should still be protected under freedom of speech.
- Freedom of Expression is Fundamental to Democracy: The judgment emphasized that even if many people dislike or oppose certain views, an individual’s right to express them must be protected. Example: The ruling cited how literature, poetry, and films enrich public discourse, and restricting them would lead to a stifled society.
- Failure of Police to Conduct Preliminary Inquiry: The court noted that under Section 173(3) of the BNSS, the police must conduct a preliminary inquiry before registering an FIR for offenses punishable with 3 to 7 years of imprisonment. Example: If the police had followed this procedure, they would have found no prima facie case against Pratapgarhi, preventing an unjust criminal prosecution.
Why did Justices Oka and Bhuyan stress the importance of protecting free speech in their ruling?
- Essential for a Healthy Democracy: The court emphasized that freedom of expression is crucial for a vibrant democracy, where diverse opinions must be debated rather than suppressed. Example: The judges stated that even if many people dislike a view, it must still be protected, reinforcing that countering speech with speech, not suppression, is the right approach.
- Integral to Human Dignity and Fundamental Rights: The ruling linked free speech to Article 21 (Right to Life with Dignity), arguing that without the ability to express ideas, individuals cannot live a dignified life. Example: The court cited the Preamble of the Constitution, which guarantees liberty of thought and expression as a core constitutional ideal.
- Judiciary’s Duty to Protect Fundamental Rights: The judges stressed that if the police or executive fail to uphold free speech, the courts must step in to protect citizens’ rights under Article 19(1)(a). Example: The court stated that even judges may not always like certain spoken or written words, but they are bound by their duty to uphold the Constitution and free speech rights.
Which Bharatiya Nyaya Sanhita (BNS) sections did Gujarat Police invoke against Pratapgarhi, and what do they address?
- Section 196 – Promoting Enmity Between Groups: It Covers acts that promote enmity between different groups based on religion, race, place of birth, residence, or language and disturb harmony. Example: If a speech or post incites hostility between communities, it could fall under this section. However, the court found no such intent in Pratapgarhi’s poem.
- Section 299 – Outraging Religious Feelings: It Covers deliberate and malicious acts intended to outrage religious feelings by insulting a religion or religious beliefs. Example: If someone defames a religious text or practice with intent to offend, they may be booked under this section. The court ruled that Pratapgarhi’s poem had no such intent.
- Section 173(3) of BNSS – Preliminary Inquiry Requirement: Mandates a preliminary inquiry before registering an FIR for offenses punishable by 3 to 7 years of imprisonment. Example: The court noted that the police should have conducted an inquiry first to see if a prima facie case existed, preventing unnecessary criminal charges.
What role did the Supreme Court assign to police and judiciary in upholding Article 19(1)(a)?
- Police Must Conduct a Preliminary Inquiry Before Filing an FIR: The court held that police must verify if a case genuinely falls under restrictions on free speech before registering an FIR. Unwarranted criminal proceedings can have a chilling effect on expression.
- Shreya Singhal v. Union of India (2015): The Supreme Court struck down Section 66A of the IT Act, ruling that arbitrary arrests for online speech violate free expression.
- Judiciary Must Act as the Guardian of Fundamental Rights: Courts must intervene when executive actions violate fundamental rights, ensuring that speech is not suppressed under vague or excessive laws.
- S. Rangarajan v. P. Jagjivan Ram (1989): The Supreme Court ruled that mere disagreement or offense cannot be grounds for restricting free speech.
- Both Institutions Must Uphold Constitutional Ideals: Police and courts must ensure that freedom of expression is safeguarded in a democracy, as it is crucial for a vibrant public discourse.
- Kedar Nath Singh v. State of Bihar (1962): The Supreme Court clarified that only speech inciting violence or public disorder can be restricted.
Way forward:
- Strengthen Safeguards Against Misuse of Laws: Implement clear guidelines for law enforcement to distinguish between genuine hate speech and protected expression to prevent arbitrary FIRs. Example: Mandatory legal training for police on free speech rights and BNSS provisions.
- Judicial Oversight and Quick Disposal of Cases: Establish fast-track mechanisms for courts to quash frivolous cases that violate Article 19(1)(a). Example: Special benches to review cases involving free speech violations to ensure timely justice.
Mains PYQ:
Q Question: What do you understand by the concept “freedom of speech and expression”? Does it cover hate speech also? Why do the films in India stand on a slightly different plane from other forms of expression? Discuss. [UPSC 2014]
Linkage: The scope of freedom of speech and expression, a central issue in the Pratapgarhi case.
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Note4Students
From UPSC perspective, the following things are important :
Mains level: Geopolitical situation of India;
Why in the News?
Earlier this month, Russian President Vladimir Putin thanked leaders, including PM of India, for helping to end the Ukraine- Russia war. This was appreciated in India, but it raises a key question—why doesn’t India engage more in global conflict resolution?
Why has India refrained from playing a more active political role in global conflicts despite its past interventions in regional crises?
- Focus on Economic Growth: India has prioritized economic development over geopolitical interventions to strengthen its position as the world’s fifth-largest economy. Example: Since the early 2000s, India has focused on domestic growth and international trade rather than direct involvement in conflicts like the Syrian civil war.
- Risk of Straining Bilateral Relations: Engaging in conflicts could upset key diplomatic partnerships and economic ties with different nations. Example: India has refrained from directly criticizing Russia over the Ukraine war to maintain strong trade relations, especially in energy and defense.
- Multi-Alignment Strategy over Direct Intervention: India prefers to maintain balanced relations with global powers rather than taking sides in conflicts. Example: During the Israel-Gaza crisis, India condemned terrorism but avoided taking an active role in mediation.
- Regional Conflicts Best Handled by Key Players: India often views conflicts as better managed by regional stakeholders or major global powers. Example: In West Asia, India has significant economic interests but does not intervene like Turkey or Saudi Arabia in conflicts such as the Yemen civil war.
- Avoiding Overstretching Diplomatic and Military Resources: Actively engaging in multiple conflicts could strain India’s diplomatic bandwidth and military capacity. Example: While India plays a crucial role in Indo-Pacific security (e.g., QUAD), it has avoided direct involvement in conflicts like the South China Sea dispute.
What are the key reasons behind India’s geopolitical reticence, and how do they impact its global ambitions?
- Economic Prioritization Over Geopolitical Involvement: India has focused on economic growth, infrastructure development, and poverty reduction rather than engaging in global conflicts. This has strengthened India’s economy but has limited its influence in global strategic affairs. Example: India avoided a major role in the Ukraine-Russia war to protect trade and energy interests.
- Balancing Strategic Partnerships: India follows a multi-alignment policy, maintaining good relations with diverse global powers. This ensures economic and diplomatic stability but restricts India from taking firm stances on contentious global issues. Example: India has strong ties with both the U.S. and Russia, leading to neutral stances in conflicts like Ukraine.
- Reluctance to Meddle in Complex Regional Conflicts: India prefers not to intervene in regions where dominant players (e.g., U.S., China, EU) have vested interests. This often makes India appear as a passive actor rather than a decisive global leader. Example: India refrained from mediating in the Israel-Palestine conflict, unlike Qatar and Turkey.
- Lack of Institutional Mechanisms for Conflict Mediation: India does not have a formal diplomatic framework for mediation in global conflicts. This limits India’s credibility as a conflict-resolution leader despite its historical role in peacekeeping. Example: Unlike Norway’s role in the Sri Lanka peace process, India avoided direct mediation post-2009.
- Fear of Strategic Overstretch and Retaliation: Actively engaging in conflicts could lead to economic sanctions, diplomatic backlash, or military confrontations. This cautious approach preserves internal stability but weakens India’s claim for a UNSC permanent seat and a stronger global role. Example: India has not taken a proactive role in Afghanistan’s political transition to avoid provoking regional powers like China and Pakistan.
Which countries or regions are currently filling the space left by India’s limited involvement in international conflict mediation?
- China – Expanding Diplomatic and Strategic Mediation: China has positioned itself as a key mediator in conflicts, using economic influence and strategic partnerships. Example: In 2023, China brokered a historic diplomatic agreement between Saudi Arabia and Iran, reducing tensions in the Middle East.
- Turkey and Qatar – Active Engagement in Regional Conflicts: These countries have taken up mediation roles, particularly in the Middle East and Afghanistan, leveraging their geopolitical positions and relationships with conflicting parties. Example: Qatar facilitated negotiations between the U.S. and the Taliban, leading to the 2020 U.S.-Taliban peace deal.
- European Union – Diplomatic Initiatives and Soft Power: The EU engages in conflict resolution through diplomatic channels, economic incentives, and humanitarian aid. Example: The EU has played a mediatory role in the Armenia-Azerbaijan conflict over Nagorno-Karabakh, facilitating peace talks and ceasefire agreements.
Way forward:
- Develop Institutional Frameworks for Mediation and Peacebuilding: Establish specialized diplomatic institutions focused on conflict resolution, leveraging India’s experience in UN peacekeeping and historical ties with developing nations. Example: Creating an “India Peace Mediation Initiative” under the Ministry of External Affairs to offer diplomatic and humanitarian support in global conflicts.
- Strengthen Strategic and Economic Diplomacy for Conflict Prevention: Enhance regional cooperation through trade, infrastructure projects, and multilateral platforms like BRICS and the G20 to prevent conflicts at their roots. Example: Expanding India’s diplomatic role in West Asia and Africa through economic investments and diplomatic engagement to foster long-term stability.
Mains question for practice:
Question: The West is fostering India as an alternative to reduce dependence on China’s supply chain and as a strategic ally to counter China’s political and economic dominance.’ Explain this statement with examples. [UPSC 2024]
Linkage: India’s potential role in the global balance of power and how external actors perceive India’s strategic significance in countering a major global power is an important theme. A larger geopolitical vision for India would involve strategically navigating such external expectations and leveraging its position to advance its own interests.
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PYQ Relevance:
Question: What is the significance of Indo-US defence deals over Indo-Russian defence deals? Discuss with reference to stability in the Indo-Pacific region. (UPSC 2020)
Linkage: This question linked with the growing technological reliance on the U.S. in a critical area of India’s defense. India’s future military capabilities might depend on how the U.S. values India in its strategic plans. |
Mentor’s Comment: India’s defence public sector undertakings primarily serve the armed forces, making them heavily dependent on state-run manufacturers. The Aatmanirbhar Bharat initiative has further increased this reliance, adding pressure on the Indian Air Force (IAF), which is struggling with a declining squadron strength due to Hindustan Aeronautics Limited’s (HAL) slow production. After the IAF chief raised concerns at Aero India-2025, efforts were promised to speed up Tejas Mk1A fighter jet deliveries. A private company recently built the first rear fuselage for Tejas, marking progress. Meanwhile, the Defence Ministry is reviewing a report on the IAF’s requirements, including potential imports.
Today’s editorial examines India’s defense sector and its reliance on other countries. This analysis is useful for GS Paper 2 and 3 in the UPSC Mains.
_
Let’s learn!
Why in the News?
Recently, the IAF chief raised concerns at Aero India-2025, efforts were promised to speed up Tejas Mk1A fighter jet deliveries.
What are the key concerns of the Indian Air Force (IAF) regarding the dependence on Hindustan Aeronautics Limited (HAL) for fighter aircraft production?
- Production Delays – HAL’s slow manufacturing rate has led to a depletion of IAF’s squadron strength, impacting operational readiness. Example: Delay in the production of Tejas MK1A jets has strained the IAF’s fighter jet availability.
- Over-Reliance on a Single PSU – The IAF lacks alternative domestic suppliers, making it dependent on HAL despite inefficiencies. Example: Limited private sector involvement has only recently started with private firms producing Tejas components.
- Quality and Upgradation Issues – HAL’s track record in upgrading older aircraft and ensuring high-quality production has been inconsistent. Example: Issues with Sukhoi Su-30MKI maintenance and Tejas Mk1A’s delayed improvements.
What are the concern related to reliability of India’s strategic partnership with the United States in the defense sector?
- Policy Volatility and Shifting Alliances – The U.S. has a history of changing its foreign policy based on geopolitical interests, making long-term defense commitments uncertain.Example: The U.S.-Pakistan alliance weakened when Washington’s strategic focus shifted, leading to reduced military support for Islamabad.
- Dependency on Critical Components – India’s indigenous fighter programs, like Tejas Mk2 and AMCA, rely on American engines, creating a risk of supply disruptions due to geopolitical tensions.Example: The U.S. previously blocked the supply of F414 jet engines to Turkey, highlighting the risks of dependency.
- Short-Lived Defense Initiatives – Several past U.S.-India defense agreements have not led to meaningful technology transfers or long-term collaboration. Example: The 2012 ‘Defense Technology and Trade Initiative’ (DTTI) promised cutting-edge tech transfer but failed to deliver substantial results.
How does the SIPRI report reflect India’s position in global arms imports?
- Second-Largest Arms Importer – India remains the world’s second-largest arms importer, reflecting its continued reliance on foreign defense equipment despite domestic production efforts. Example: The Stockholm International Peace Research Institute (SIPRI) report (2020-24) highlights that India’s arms imports still dominate globally, second only to Saudi Arabia.
- Decline in Imports but Persistent Dependence – India’s arms imports decreased by 9.3% compared to 2015-19, but high-value systems like fighter jets, tanks, and missile defense systems continue to be sourced from abroad. Example: India imports S-400 missile systems from Russia and MQ-9B drones from the U.S., showing that critical defense needs are still met through foreign procurement.
- Shift in Supplier Dynamics – While Russia remains India’s largest arms supplier, its share in Indian imports has decreased, with the U.S., France, and Israel gaining ground. Example: The Rafale jets from France and MH-60R Seahawk helicopters from the U.S. demonstrate India’s diversification in defense partnerships.
Who benefits from India’s indigenous fighter production, and what risks remain in foreign dependency?
| Beneficiaries of India’s Indigenous Fighter Production |
Description |
Example |
| Indian Armed Forces |
Ensures timely supply, reduces reliance on imports, and enhances operational preparedness. |
Tejas Mk1A, developed by HAL, offers a modern, cost-effective alternative to imported jets. |
| Indian Defense Industry & Economy |
Boosts domestic manufacturing, generates employment, and fosters R&D in advanced technologies. |
Private firms like Tata Advanced Systems and L&T contribute to fighter jet production, strengthening India’s defense sector. |
| Strategic Autonomy & Geopolitical Leverage |
Reduces dependence on foreign suppliers, allowing independent defense decisions. |
BrahMos missile production (India-Russia collaboration) enables exports, enhancing global influence. |
| Risks of Foreign Dependency |
Description |
Example |
| Supply Chain Vulnerabilities |
Dependence on foreign components (e.g., engines, avionics) can lead to disruptions during geopolitical tensions. |
Tejas Mk1A and AMCA jets rely on U.S. GE-F404 and GE-F414 engines, making supply uncertain due to policy shifts. |
| Technology Denial & Cost Escalation |
Foreign suppliers may withhold critical technologies or impose high costs for upgrades and maintenance. |
U.S. sanctions after India’s 1998 nuclear tests restricted access to crucial defense tech, impacting the LCA Tejas program. |
| Strategic Dependence & Policy Uncertainty |
Over-reliance on a single country can compromise strategic autonomy. |
The U.S. restricted F-16 spare parts supply to Pakistan during strained relations, a risk India could face with any single defense partner. |
Where does India stand in balancing defense partnerships while maintaining strategic autonomy? (Way forward)
- Diversification of Defense Suppliers – India sources military equipment from multiple countries to avoid over-reliance on any single nation.Example: India procured S-400 missile systems from Russia, Rafale jets from France, and MH-60R Seahawk helicopters from the U.S., ensuring flexibility in its defense strategy.
- Indigenous Defense Development – India is focusing on self-reliance through initiatives like Aatmanirbhar Bharat, reducing long-term dependency on foreign suppliers. Example: The development of Tejas Mk1A fighter jets, Advanced Medium Combat Aircraft (AMCA), and BrahMos missile systems (jointly developed with Russia) aims to strengthen indigenous capabilities.
- Strategic Alliances Without Military Alignment – India engages in defense collaborations without entering formal military alliances, ensuring diplomatic flexibility. Example: While India has signed defense agreements with the U.S. (BECA, LEMOA, COMCASA) and conducts military exercises like Malabar with the Quad nations, it remains non-aligned, maintaining its independent foreign policy.
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Note4Students
From UPSC perspective, the following things are important :
Mains level: Issues related to border security;
Why in the News?
In February 2024, Union Home Minister Amit Shah announced plans to end the Free Movement Regime (FMR) along the Myanmar border. However, so far, there has been no official notification from the Ministry of External Affairs or any formal agreement with Myanmar on this matter.
What are the historical and socio-cultural reasons behind the implementation of the Free Movement Regime (FMR) along the India-Myanmar border?
- Ethnic and Familial Ties Across the Border: The India-Myanmar border cuts across communities with shared ancestry, language, and traditions. Ethnic groups such as the Chin, Mizo, Kuki, and Naga tribes live on both sides and consider themselves part of the same cultural identity.
- Example: The Mizo people in Mizoram and the Chin people in Myanmar share deep kinship ties and often intermarry, making border restrictions impractical for their social and economic interactions.
- Pre-Colonial Trade and Historical Linkages: Before colonial rule, there were no rigid boundaries, and people freely moved for trade, festivals, and religious practices. The FMR formalized this long-standing tradition.
- Example: The Naga tribes have historically maintained trade and social connections between Nagaland and the Sagaing Region of Myanmar, exchanging goods such as textiles, salt, and agricultural produce.
- Post-Independence Border Division Without Local Consent: The Indo-Myanmar border was drawn by the British without consulting local communities, splitting ethnic groups across two nations. The FMR was introduced in 1968 to ease movement and mitigate the negative impact of artificial boundaries.
- Example: The Kuki and Zomi tribes in Manipur and Myanmar continue to see themselves as a single community despite the international border, and FMR allows them to maintain their cultural and familial ties.
Why do Mizoram and Nagaland oppose scrapping the FMR, while Manipur supports it?
- Reasons for Opposition (Mizoram & Nagaland)
-
- Ethnic & Cultural Ties: The Mizo and Naga communities share deep historical and familial ties with tribes across the Myanmar border. Example: Many Mizos have Chin relatives in Myanmar, and restricting movement disrupts social and economic relations.
- Humanitarian Concerns: Mizoram and Nagaland emphasize providing refuge to Myanmar nationals fleeing conflict and persecution. Example: Mizoram has sheltered thousands of Chin refugees since the military coup in Myanmar (2021).
- Economic & Livelihood Impact: Many border communities depend on cross-border trade and traditional exchanges. Example: Mizoram’s barter trade with Myanmar sustains rural economies.
- Reasons for Support (Manipur)
-
- Security Concerns: Manipur sees unrestricted movement as a risk to security, citing arms smuggling and insurgency threats. Example: The state government has linked rising violence to unchecked cross-border infiltration.
- Demographic & Political Factors: Manipur fears an influx of migrants could alter its demographic balance and strain resources. Example: Tensions have risen between local communities and Kuki-Zo refugees from Myanmar.
What challenges does the Indian government face in implementing border fencing along the 1,653-km-long India-Myanmar border?
- Ethnic and Tribal Opposition: Several ethnic groups, such as the Nagas, Kukis, Mizos, and Chins, have strong familial and cultural ties across the border. Fencing would disrupt their traditional movement and economic activities.
- Difficult Terrain and Dense Forests: The India-Myanmar border passes through hilly terrain, dense forests, and riverine areas, making it logistically challenging to construct and maintain a continuous fence. Example: The rugged terrain of Manipur’s Moreh-Tamu sector complicates infrastructure development and patrolling efforts.
- Security and Insurgency Issues: The region is home to various insurgent groups, including NSCN-K (Naga), PLA (Manipur), and Chin National Army (Myanmar), who use the porous border for movement and arms smuggling. Fencing alone may not curb insurgency without enhanced intelligence and cooperation with Myanmar.
- Example: The Manipur-based People’s Liberation Army (PLA) has reportedly used Myanmar as a base for launching attacks in India.
- Impact on Free Movement Regime (FMR): The Free Movement Regime (FMR) allows people from border villages to travel up to 16 km inside each other’s territory without a visa. Fencing would disrupt this agreement, leading to resistance from local communities and potential diplomatic strain with Myanmar.
- Example: The border trade hub of Moreh (Manipur) and Tamu (Myanmar) benefits from FMR, and restrictions could harm livelihoods.
- High Financial and Maintenance Costs: Constructing a fence across 1,653 km of difficult terrain requires massive financial investment and continuous maintenance due to landslides, heavy rainfall, and natural degradation.
- Example: The fencing project in Manipur was delayed multiple times due to cost escalations and environmental challenges, making large-scale fencing impractical.
What alternatives balance national security and border community interests instead of scrapping the FMR? (Way forward)
- Strengthening Smart Surveillance and Border Management: Deploying technology-driven surveillance (such as drones, infrared sensors, and biometric tracking) can help secure the border without disrupting traditional movement.
- Example: India has successfully used the Comprehensive Integrated Border Management System (CIBMS) along the India-Bangladesh border, which could be adapted for the India-Myanmar border.
- Regulated Border Trade and Movement Checkpoints: Instead of a blanket ban, regulated border entry points with biometric verification can ensure security while allowing legal movement under the FMR. More trade facilitation centers can also boost local economies.
- Example: The Moreh-Tamu border trade point in Manipur enables legitimate economic exchanges while maintaining oversight over cross-border movement.
- Enhanced Cooperation with Myanmar for Joint Patrolling: Strengthening bilateral cooperation for joint border patrolling and intelligence sharing can help curb insurgency and illegal activities while maintaining local mobility.
Mains PYQ:
Question: Analyze internal security threats and transborder crimes along Myanmar, Bangladesh and Pakistan borders including Line of Control (LoC). Also discuss the role played by various security forces in this regard. (UPSC 2020)
Linkage: This question linked India Myanmar border issues. It requires an analysis of these issues specifically concerning the Indo-Myanmar border and the role of security forces in managing them.
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Note4Students
From UPSC perspective, the following things are important :
Mains level: Regulation of online content;
Why in the News?
Social media platform X told the Delhi High Court that it cannot be forced to join the government’s SAHYOG portal, raising concerns that the portal might be misused to restrict online content.
What is the SAHYOG portal?
- The SAHYOG portal is an initiative by India’s Ministry of Home Affairs designed to streamline the process of identifying and removing unlawful online content.
- It serves as a centralized platform that connects authorized government agencies with online intermediaries, such as social media platforms, to facilitate the automated issuance of notices under the Information Technology Act, 2000.
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How does the government justify the creation of SAHYOG portal?
- Enhancing Law Enforcement Efficiency: The government argues that SAHYOG enables faster coordination between law enforcement agencies, social media platforms, and telecom providers to remove unlawful content swiftly. Example: During communal riots, law enforcement can quickly flag and remove misinformation that could incite violence.
- Legal Obligation Under IT Act: The government justifies SAHYOG under Section 79(3)(b) of the IT Act, which mandates that intermediaries remove content upon receiving government notification to retain their safe harbour protection. Example: If a government agency reports a post promoting terrorism, the platform must take it down to comply with the law.
- Court-Mandated Need for Real-Time Action: The government cites the Delhi High Court’s observation in Shabana vs Govt of NCT of Delhi and Ors., which highlighted the necessity of a real-time content removal mechanism to handle urgent cases. Example: In cases of child exploitation content, immediate action through SAHYOG ensures rapid takedown and prevents further harm.
Why has X (formerly Twitter) challenged the SAHYOG portal in the Delhi High Court?
- Existence of an Independent Mechanism: X asserts that it has its own system to process valid legal requests for content removal and cannot be compelled to join the SAHYOG portal.
- Legal Concerns Over Parallel Mechanisms: The company argues that the SAHYOG portal creates a parallel content removal mechanism without the stringent legal safeguards outlined in Section 69A of the Information Technology Act, 2000.
- Potential for Unchecked Censorship: X is concerned that the portal could lead to unrestrained censorship by allowing multiple government officials to issue content removal orders without proper oversight.
How does Section 79(3)(b) of the IT Act differ from Section 69A in terms of content takedown provisions?
| Aspect |
Section 79(3)(b) |
Section 69A |
| Nature of Obligation |
- Intermediaries (social media platforms, websites) must remove content if they have “actual knowledge” of illegality or receive a court/government order.
|
- The government can directly block content if it threatens national security, public order, or sovereignty.
|
| Who Issues Takedown Orders? |
- Takedown is required based on court orders or government notifications; intermediaries must act or lose their safe harbor protection.
|
- Only the central government can order content blocking through a confidential process.
|
| Legal Safeguards & Due Process |
- Provides some scope for judicial review, as takedown requests are often based on court rulings.
|
- Decisions are made secretly by a government committee, limiting transparency and legal recourse.
|
| Scope of Application |
- Applies broadly to any illegal content, including defamation, copyright violations, and hate speech.
|
- Targets content affecting national security, public order, or friendly relations with foreign states.
|
| Example Scenarios |
- If a court finds a defamatory post on social media, the platform must remove it.
|
- The government can block TikTok or ban certain tweets for national security concerns (e.g., India’s TikTok ban in 2020).
|
Who are the key stakeholders involved in the SAHYOG portal’s implementation and legal challenge?
- Government Authorities: The Ministry of Home Affairs (MHA) developed the SAHYOG portal to enhance coordination between law enforcement agencies and social media platforms for combating cybercrime. The portal aims to automate the process of sending notices to intermediaries for the removal or disabling of unlawful online content.
- Social Media Platforms (Intermediaries): Companies like X Corp (formerly Twitter) are directly impacted by the portal’s operations. X Corp has legally challenged the government’s use of the SAHYOG portal, arguing that it functions as a censorship tool by bypassing established legal safeguards and infringing upon constitutional rights such as freedom of speech.
- Judiciary: The Delhi High Court plays a pivotal role in adjudicating disputes related to the SAHYOG portal. It has urged various states, union territories, and intermediaries to join the portal to effectively combat cybercrime, while also addressing grievances from law enforcement agencies regarding data access from intermediaries.
Where does the Supreme Court’s ruling in Shreya Singhal vs Union of India come into play in the debate over SAHYOG?
- Precedent on Online Free Speech & Due Process: The Shreya Singhal ruling struck down Section 66A of the IT Act for being vague and overbroad, while upholding Section 69A with due process requirements, including hearings for content creators. Example: A journalist’s tweet flagged via SAHYOG may be removed without an opportunity to challenge it, violating Shreya Singhal principles.
- Judicial Safeguards & Preventing Arbitrary Censorship: Shreya Singhal upheld Section 69A but mandated transparent procedures, review committees, and justifications for content blocking. Example: If SAHYOG bulk blocks dissenting voices without an independent review, it could breach Shreya Singhal safeguards.
Way forward:
- Ensure Judicial Oversight & Accountability – Implement an independent review mechanism to prevent arbitrary censorship and align with the Shreya Singhal ruling.
- Enhance Transparency & Due Process – Mandate clear guidelines, periodic transparency reports, and an appeal system for content takedown decisions.
Mains PYQ:
Question: Discuss Section 66A of IT Act, with reference to its alleged violation of Article 19 of the Constitution. [UPSC 2013]
Linkage: This question linked with regulation of online content and the potential restrictions on freedom of speech and expression guaranteed by Article 19 of the Constitution. This is relevant because content takedown provisions are also a form of regulating online speech and need to be consistent with constitutional rights.
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Note4Students
From UPSC perspective, the following things are important :
Mains level: Indian education system;
Why in the News?
Recently, CBSE plans to let Class 10 students take their board exams twice a year (in February/March and May) from 2026. This change is meant to help students and follows the National Education Policy (NEP) 2020.
What are the key objectives of the CBSE’s proposed two-examination policy for Class 10 students starting from 2026?
- Provide a Second Chance: Students can take board exams twice in an academic year (February/March & May) to improve their scores. Example: A student who performs poorly in the first attempt due to illness can appear again without waiting a full year.
- Promote Competency-Based Learning: Shift from rote memorization to testing conceptual understanding and problem-solving skills. Example: Instead of asking students to memorize historical dates, the exam may include analytical questions on historical events’ impact.
- Align with National Education Policy (NEP) 2020: Encourage a flexible, student-friendly assessment model focused on continuous learning. Example: Like international systems (e.g., SAT in the U.S.), students get multiple opportunities to improve scores without excessive pressure.
Why does the policy raise concerns about increased student stress instead of reducing examination pressure?
- Short Remediation Window: The gap between the first (Feb/March) and second (May) exams is too short for meaningful improvement in weak areas. Example: A student struggling with math concepts in February may not get enough time to improve before the second attempt in May.
- Double the Exam Preparation Pressure: Instead of easing stress, students may feel pressured to prepare for two board exams in a short span. Example: Students may end up studying rigorously for both exams, fearing they might need a second attempt.
- Coaching-Centric Approach: The risk of coaching institutes exploiting the two-exam format may increase, leading to more emphasis on exam-focused learning rather than conceptual understanding. Example: Coaching centers may start specialized crash courses for the second attempt, pushing students into additional preparation cycles.
How could the proposed policy impact students from economically weaker sections?
- Higher Examination Fees: Students must pay a non-refundable fee covering both attempts, even if they only take one exam. Example: A student from a low-income family who performs well in the first attempt still pays for the second, increasing financial burden.
- Increased Dependence on Coaching: Private coaching centers may exploit the two-exam system, making it harder for students without financial resources to compete. Example: Wealthier students might afford special coaching for the second attempt, while economically weaker students struggle with self-study.
- Limited Access to Remedial Support: Schools may not provide structured support between the two exams, leaving underprivileged students without proper guidance. Example: A government school student scoring low in February may not have access to extra tutoring before the May exam.
- Delayed Class 11 Admissions: If second-attempt results are declared late, students from poor backgrounds may struggle with securing admissions or scholarships in time. Example: A student awaiting May results might miss out on early admissions in better schools with financial aid opportunities.
- Increased Psychological Pressure: Financial struggles combined with the pressure of performing well in two exams may cause additional stress and anxiety. Example: A student from a single-income household may feel forced to clear the first attempt to avoid extra financial strain on their family.
What changes are needed to make sure the policy follows the NEP 2020 and supports skill-based learning? (Way forward)
- Shift from Rote Learning to Competency-Based Assessment: Redesign question papers to focus on conceptual understanding, application, and problem-solving rather than memorization. Example: Instead of asking students to recall historical dates, exams should test their ability to analyze historical events and their impact.
- Structured Remedial Support Between Exams: Schools should provide focused remedial classes for students who perform poorly in the first attempt, helping them improve their conceptual understanding. Example: If a student struggles with algebra in February, they should receive targeted math coaching before the May exam.
- Flexible Examination Fee Structure: Allow students to pay for only one attempt if they do not wish to appear for both, ensuring financial equity. Example: A student confident in their preparation should not be forced to pay for a second exam they do not intend to take.
- Staggered Implementation with Pilot Studies: Conduct phased trials in diverse school settings to identify logistical and pedagogical challenges before nationwide implementation. Example: A pilot program in rural and urban schools can reveal differences in access to resources and necessary adjustments.
- Integration of Continuous and Holistic Assessment: Move towards year-round assessments that evaluate practical skills, creativity, and critical thinking, reducing reliance on a single high-stakes test. Example: Schools can introduce project-based assessments in science subjects, testing real-world application rather than just theoretical knowledge.
Mains PYQ:
Question: “National Education Policy 2020 is in conformity with the Sustainable Development Goal-4 (2030). It intends to restructure and reorient education system in India. Critically examine the statement.” (UPSC 2020)
Reason: This question is directly linked with NEP 2020, the same policy framework that the CBSE’s ‘two-exam scheme’ claims to align with.
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Note4Students
From UPSC perspective, the following things are important :
Mains level: Gender issues;
Why in the News?
On Wednesday, March 26, 2025, the Supreme Court put a hold on an Allahabad High Court ruling from March 17. The High Court had stated that just grabbing a minor girl’s breasts, breaking the string of her pyjama, and trying to pull down her lower garment were not enough to consider it an attempt to rape.
What was the basis of the Allahabad High Court’s March 17 order regarding the attempt to rape charge?
- Reclassification of the Offense to Lesser Charges: Instead of attempt to rape (Section 511 IPC, Section 18 POCSO Act), the High Court downgraded the charges to Section 354(b) IPC (assault with intent to disrobe) and Section 9 POCSO Act (aggravated sexual assault).
- “Thoughtful Consideration” Despite Clear Trauma: The judgment stated that the case had been reviewed with “thoughtful consideration and meticulous examination of facts”, yet concluded that the offense of attempt to rape was not prima facie made out.
Why did the Supreme Court find the High Court’s observations “insensitive” and “inhuman”?
- Contradiction Between Facts and Conclusion: The High Court acknowledged the victim’s trauma—that the accused grabbed her breasts, broke the string of her pyjama, and tried to drag her under a culvert—but still concluded that this did not amount to an attempt to rape.
- Example: A case where an accused undresses and assaults a victim but is not charged with an attempt to rape, despite clear intent, shows a failure to apply legal principles correctly.
- Failure to Recognize the Seriousness of the Crime: The judgment downplayed the gravity of the accused’s actions by modifying the charge from attempt to rape to mere sexual assault, despite the victim being a minor.
- Delayed Judgment Despite “Thoughtful Consideration”: The case was reserved for judgment in November 2024 but the order was passed in March 2025, showing deliberate and conscious decision-making. The insensitivity was not a spur-of-the-moment error but a considered opinion.
- Misinterpretation of “Determination” to Commit Rape: The High Court ruled that the lack of direct penetration or explicit intent meant there was no determination to commit rape, ignoring legal precedents where actions leading up to rape have been considered an attempt.
- Example: In State of Maharashtra v. Mohd. Yakub (1980), the Supreme Court ruled that even preparatory acts leading to a crime can constitute an attempt. Here, forcibly undressing and dragging the minor away indicated clear criminal intent.
- Disregard for Judicial Responsibility and Victim’s Dignity: The Supreme Court highlighted that such remarks from a High Court judge could set a dangerous precedent, potentially discouraging victims from seeking justice.
What steps did the Supreme Court take after staying the Allahabad High Court’s order?
- Declared the High Court’s Observations “Insensitive and Inhuman”: The Supreme Court strongly criticized the Allahabad High Court’s order, stating that it displayed a “complete lack of sensitivity” and was “unknown to the tenets of law”. Example: Justice Gavai remarked that the judgment’s graphic description of the minor’s trauma only to dismiss the charge of attempt to rape was completely unjustified.
- Issued Notice to the Union Government and the State of Uttar Pradesh: The Court directed the Central and State governments to respond to the matter, ensuring a higher level of scrutiny and legal accountability. Example: By involving government authorities, the Supreme Court ensured that the prosecution and legal framework around sexual offenses against minors were properly examined.
- Allowed the Victim’s Mother to Join the Case: The Court granted liberty to the minor victim’s mother to implead herself in the case, ensuring that the victim’s family had a direct say in the proceedings. Example: This step allowed the victim’s mother to challenge the High Court’s dilution of charges and advocate for stronger legal action.
- Directed the Supreme Court Registry to Communicate the Order to the Allahabad High Court: The Court instructed its Registry to forward the stay order to the Allahabad High Court Chief Justice, urging necessary action against the Single Judge’s ruling. Example: This move signaled that the Supreme Court wanted the High Court’s Chief Justice to review and possibly take corrective measures on the judgment.
- Listed the Case for Further Hearing After Two Weeks: The Supreme Court scheduled the matter for further hearing, ensuring continuous judicial oversight and preventing any further miscarriage of justice. Example: This step kept the case active in the Supreme Court’s docket, preventing delays and allowing for immediate corrective action if required.
Way forward:
- Judicial Sensitization and Training on Gender Justice: Regular sensitization programs for judges, especially in cases involving sexual offenses, should be conducted to ensure judgments are aligned with the spirit of laws protecting women and minors.
- Strengthening Legal Precedents and Accountability Mechanisms: The Supreme Court should establish clear guidelines on what constitutes attempt to rape to prevent judicial misinterpretation. Review mechanisms should be in place to scrutinize judgments that dilute charges in serious offenses.
Mains PYQ:
Question: “Right to privacy is intrinsic to life and personal liberty and is inherently protected under Article 21 of the Constitution. Explain. In this reference discuss the law relating to D.N.A. testing of a child in the womb to establish its paternity.” (UPSC 2024)
Reason: This question directly relates to the broader theme of gender justice, which includes the protection of women and children from sexual violence. The Supreme Court’s intervention in the High Court’s order demonstrates its commitment to upholding gender justice and ensuring a sensitive interpretation of laws related to crimes against women and children.
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