💥UPSC 2026, 2027, 2028 UAP Mentorship (March Batch) + Access XFactor Notes & Microthemes PDF

Type: op-ed snap

  • Indian Army Updates

    Pensionary benefits for Women in combat

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: NA

    Mains level: Women in Army

    Combat

    Context

    • The Supreme Court recently directed the Centre and the Indian Air Force to consider granting Permanent Commission to 32 retired women Short Service Commission (SSC) officers based on their suitability with the purpose of giving them pensionary benefits. The SC has, however, clarified that the retired women officers will only be considered for pension benefits and not salary arrears.

    Background

    • The military opened its doors to women in 1992 when the Air Force inducted its first batch.
    • The landmark judgment came in which Justice Kishan Kaul (then with the High Court of Delhi) had hoped that “with expanding horizon of women’s participation in different walks of life, the armed forces would be encouraged to have larger participation of women in more areas of operation.”

    combat

    The case of women inducted into short service

    • The 32 retired women officers were inducted into short service commission between 1993 and 1998.
    • Though they were not granted permanent commission, their service was extended by six years and then then again for another four years.

    Another Important verdict

    • In a landmark verdict on February 17, 2020, the top court had directed that women officers in the Army be granted permanent commission, rejecting the Centre’s stand on their “physiological limitations” as being based on “sex stereotypes” and “gender discrimination against women”

    combat

    Permanent Commission (PC) Vs. Short Service Commission (SSC)

    • SSC means an officer’s career will be of a limited period in the Indian Armed Forces whereas a PC means they shall continue to serve in the Indian Armed Forces, till they retire.
    • The officers inducted through the SSC usually serve for a period of 14 years. At the end of 10 years, the officers have three options.
    • A PC entitles an officer to serve in the Navy till he/she retires unlike SSC, which is currently for 10 years and can be extended by four more years, or a total of 14 years.
    • They can either select for a PC or opt-out or have the option of a 4-years extension.
    • They can resign at any time during this period of 4 years extension.

    Why males have ever dominated the armed forces?

    • Militaries across the world help entrench hegemonic masculine notions of aggressiveness, strength and heterosexual prowess in and outside their barracks.
    • The military training focuses on creating new bonds of brotherhood and camaraderie between them based on militarized masculinity.
    • This temperament is considered in order to enable conscripts to survive the tough conditions of military life and to be able to kill without guilt.
    • To create these new bonds, militaries construct a racial, sexual, gendered “other”, attributes of whom the soldier must routinely and emphatically reject.

    combat

    Struggle of women in combat role

    • Gender parity in forces still needs a relook: Though women have been in the forces since 1992 all roles and career options are not offered to them. Women have been allowed in combat in the Air Force, but we are yet to see women in combat roles in the army and navy.
    • Battle of acceptance: Acceptance of women in the military has not been smooth in any country. Every army has to mould the attitude of its society at large and male soldiers in particular to enhance acceptability of women in the military.
    • Adjusting with the masculine set up: To then simply add women to this existing patriarchal setup, without challenging the notions of masculinity, can hardly be seen as “gender advancement”.
    • Capabilities of women are questioned: Although women are equally capable, if not more capable than men, there might be situations that could affect the capabilities of women such as absence during pregnancy and catering to the responsibilities of motherhood, etc.
    • Physical and Physiological Issues: The natural physical differences in stature, strength, and body composition between the sexes make women more vulnerable to certain types of injuries and medical problems. The natural processes of menstruation and pregnancy make women particularly vulnerable in combat situations.

    Conclusion

    • Women have been allowed in combat in the Air Force, but we are yet to see women in combat roles in the army and navy. Even though women have been in the forces since 1992 all roles and career options are not offered to them. Women in combat have still to fight for the equal opportunities and equal treatment.

    Mains Question

    Q. The Indian Army has sought to induct women into combat roles but equality remains a challenge on many fronts. Critically analyze.

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  • Food Procurement and Distribution – PDS & NFSA, Shanta Kumar Committee, FCI restructuring, Buffer stock, etc.

    Addressing the Leakages in PDS in the light of PMGKAY

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: PMGKY

    Mains level: PMGKY, food security and Issues with PDS

    PMGKAY

    Context

    • The government of India extended Pradhan Mantri Garib Kalyan Anna Yojana (PMGKAY), a scheme to distribute free food grains to the poor, for another three months. However, issues of food grain leakages remains unaddressed.

    Pradhan Mantri Garib Kalyan Anna Yojana (PMGKAY)

    • PM-GKAY: Launched during COVID-19 crisis to provided food security to the poor, needy and the vulnerable households/beneficiaries so that they do not suffer on account of non-availability of adequate foodgrains. Under PMGKAY, effectively it has doubled the quantity of monthly foodgrains entitlements being normally delivered to beneficiaries.
    • Benefits: Under PMGKAY welfare scheme, 5 kg of food grain per person per month is provided free of cost for all the beneficiaries covered under the National Food Security Act (NFSA) including those covered under Direct Benefit Transfer (DBT).
    • Financial Expenditure: Financial implication for the Government of India has been about 3.45 Lakh Crore for Phase-VI of PMGKAY. With the additional expenditure of about Rs. 44,762 Crore for Phase-VII of this scheme, the overall expenditure of PMGKAY will be about Rs. 3.91 lakh crore for all the phases.
    • Grain Allotment: The total outgo in terms of food grains for PMGKAY Phase VII is likely to be about 122 LMT. Food grain for phases I- VII is about 1121 LMT.
    • Implementation: PM Garib Kalyan Ann Yojana (PMGKAY) has been implemented in the following phases –
    1. Phase I and II (8 months): April’20 to Nov.’20
    2. Phase-III to V (11 months): May’21 to March’22
    3. Phase-VI (6 months): April’22 to Sept.’22

    PMGKAY

    Impact of the PMGKY scheme

    • Ensuring food security and public health: Policymakers and experts concede that the scheme made a difference to food security and public health during the pandemic.
    • IMF commended the scheme: Be it the Parliamentary Standing Committee on Food and Public Distribution or the authors of an IMF-published working paper, “Pandemic, Poverty, and Inequality: Evidence from India” (April 2022), the scheme has received commendation.
    • Absorbing the shock in the pandemic: The working paper concluded that “the social safety net provided by the expansion of India’s food subsidy program absorbed a major part of the pandemic shock.”

    Why the experts are suggesting the study of PMGKY?

    • Rationalizing the budget: To keep the budgetary allocation under control, rules on quota for rice or wheat can be changed suitably.
    • Checking the diversion of Funds: While it is all right to provide foodgrains free during the pandemic, the central and State authorities need to ponder over the scheme’s continuance, given the chronic problem of diversion from the Public Distribution System (PDS).
    • Combing the Centre and state subsidy: In many States, including West Bengal, Kerala and Karnataka, the 50 kg is free. In Tamil Nadu, for over 10 years, rice-drawing card holders have been getting rice free.

    PMGKAY

    How the transparent study of PMGKY will help in leakage detection?

    • Updating the database of beneficiary: Study should be the basis for updating the database of foodgrain-drawing card holders, scrutinising the data critically and zeroing in on the needy.
    • Automation of PDS: The task should not be onerous, given the widespread application of technological tools in the PDS such as Aadhaar, automation of fair price shops and capturing of the biometric data of beneficiaries.
    • Estimation of PHH: Using this database, the Centre and States can decide whether the size of the Priority Households (PHH) nearly 71 crores, can be pruned or not.
    • Reasonable price to avoid freebies culture: In addition, if they feel the need to go beyond the mandate of the NFSA, as is being done under the PMGKAY, they can supply the foodgrains at a reasonable price. The culture of providing essential commodities free of cost at the drop of a hat has to go.

    Conclusion

    • PMGKY has helped the needy in people in the dark period of pandemic. However, with good intention of government food grain leakages of PDS couldn’t be stopped. Transparent study of will certainly help in leakage detection and more targeted delivery.

    Mains Question

    Q. Schemes of food security are always with good intentions; However, lack of transparency and leakages disturbs targeted delivery. Discuss the measures to ensure the last mile delivery of food grains.

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  • Health Sector – UHC, National Health Policy, Family Planning, Health Insurance, etc.

    Is India a Diabetes capital of the world?

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Basics-Diabetes, Insulin, glucose. etc

    Mains level: India's Diabetes stress, Measures

    Diabetes

    Context

    • India is often referred to as the ‘Diabetes Capital of the World as it accounts for 17%percent of the total number of diabetes patients in the world. There are currently close to 80 million people with diabetes in India and this number is expected to increase to 135 million by 2045. World Diabetes day is observed on 14 November.

    What is Diabetes?

    • Diabetes is a chronic (long-lasting) health condition that affects how our body turns food into energy.
    • Diabetes is a metabolic disorder in which the body has high sugar levels for prolonged periods of time.
    • The lack of insulin causes a form of diabetes.
    • Type-I Diabetes: It is a medical condition that is caused due to insufficient production and secretion of insulin from the pancreas. Type 1 diabetes is thought to be caused by an autoimmune reaction (the body attacks itself by mistake). This reaction stops your body from making insulin. Approximately 5-10% of the people who have diabetes have type 1
    • Type-2 diabetes: With type 2 diabetes, your body doesn’t use insulin well and can’t keep blood sugar at normal levels. About 90-95% of people with diabetes have type 2.

    Diabetes

    Type-2 diabetes in brief 

    • Long term Condition: It is long-term (chronic) condition which results in too much sugar circulating in the bloodstreams and poor response of insulin. Eventually, high blood sugar levels can lead to disorders of the circulatory, nervous and immune systems. Type 2 diabetes is an impairment in the way the body regulates and uses sugar (glucose) as a fuel. It is a defective response of Insulin
    • More common in adults: Type 2 is more common in older adults, but the increase in the number of children with obesity has led to more cases of type 2 diabetes in younger people.
    • Slow signs and symptoms: Signs and symptoms of type 2 diabetes often develop slowly. Symptoms include, Increased thirst, Frequent urination, Increased hunger, Unintended weight loss, Fatigue, Blurred vision, Slow-healing sores, Frequent infections etc. It develops over many years and is usually diagnosed in adults (but more and more in children, teens, and young adults).
    • Cure for Type-2: There’s no cure for type 2 diabetes, but losing weight, eating well and exercising can help you manage the disease. If diet and exercise aren’t enough to manage your blood sugar, you may also need diabetes medications or insulin therapy.

    What is insulin?

    • Insulin is a hormone produced by the pancreas.
    • Insulin regulates the movement of sugar into your cells.
    • Blood glucose levels tightly controlled by insulin.
    • When the blood glucose elevates (for example, after eating food), insulin is released from the pancreas to normalize the glucose level

    Diabetes

    The prevalence of diabetes in India

    • People living with Diabetes in India: There are an estimated 77 million people with diabetes in India. Which means one in every 10 adults in India has diabetes. Half of those who have high blood sugar levels are unaware. Even among those who have been diagnosed with diabetes, only half of them have their blood sugar level under control.
    • Rapid increase in younger population: According ICMR report, the prevalence of diabetes in India has increased by 64 percent over the quarter-century. prevalence among the younger population has also increased above 10%.
    • Children impacting more: Worryingly, in India, a large number of children are also impacted by diabetes. Children are developing obesity and metabolic syndrome early because of the change in diets to more processed and fast foods.
    • Projected Estimation: About 98 million Indians could have diabetes by 2030, these projections come from the International Diabetes Federation and the Global Burden of Disease project.
    • Children impacting more: Worryingly, in India, a large number of children are also impacted by diabetes. Children are developing obesity and metabolic syndrome early because of the change in diets to more processed and fast foods.

    Why Indians are more prone to diabetes?

    • Lifestyle changes: The current exponential rise of diabetes in India is mainly attributed to lifestyle changes. The rapid change in dietary patterns, physical inactivity, and increased body weight, especially the accumulation of abdominal fat, are some of the primary reasons for increased prevalence.
    • Ethnically more prone: Ethnically, Indians seem to be more prone to diabetes as compared to the Caucasians, although the precise mechanisms are not well known. we Indians have a greater degree of insulin resistance which means our cells do not respond to the hormone insulin. And when compared to Europeans, our blood insulin levels also tend to rise higher and more persistently when we eat carbohydrates.
    • Greater genetic predisposition: The epidemic increase in diabetes in India along with various studies on migrant and native Indians clearly indicate that Indians have an increased predilection to diabetes which could well be due to a greater genetic predisposition to diabetes in Indians.
    • Decrease in traditional diets: At the same time, the increased ‘westernization’, especially in the metros and the larger cities, has led to a drastic change in our dietary pattens. Indian diets have always been carbohydrate-heavy and now the reliance on refined sugars, processed food in the form of quick bites and fuss-free cooking and trans fatty acids are creating havoc.
    • Mechanization of day-to-day work: With the increasing availability of machines to do our work, there’s also a substantial drop in day-to-day activities.
    • Consumption of high calorie food and lack of physical activities: Obesity, especially central obesity and increased visceral fat due to physical inactivity, and consumption of a high-calorie/high-fat and high sugar diets, thus become major contributing factors.
    • Rapid urbanization: Currently, India is undergoing a rapid epidemiological transition with increased urbanization. The current urbanization rate is 35% compared to 15% in the 1950’s and this could have major implications on the present and future disease patterns in India with particular reference to diabetes and coronary artery disease.
    • Rural-urban migration: The rural migration to urban areas and associated stress plays a significant role in lifestyle change.

    Diabetes

    Ways to manage Increasing Diabetes in India

    • Aggressive Screening procedures: Indians need an upstream approach or prioritizing protection of the population as a whole, beginning with women and children. This can be done with aggressive screening procedures. “Anybody above 18, with a clear-cut risk like family history, weight issues and young women with polycystic ovarian syndrome (PCOS) should be tested. All Indians above 30 should be screened.
    • Timely diagnosis and right management: Medical experts feel that timely detection and right management can go a long way in helping patients lead a normal life.
    • Diet discipline for children: For children, Doctors recommends a serious diet discipline. “Only healthy meals are the option that remains. Tutor the tastebuds of the young and stop their access to fast foods. There can be supportive policy measures making healthy fruits and vegetables accessible in a cost-effective manner to all instead of plain carbs. The mid-day meal or tiffin needs to be looked at thoughtfully and to make it healthy.
    • Promoting physical activities: “The overall decline in physical activity has had devastating impacts on our metabolism,” while agreeing with the 30-minute a day exercise and activity schedule, sounds a note of caution. The recent scientific evidence suggests even five minutes of walk after any meal provides some protection.
    • Adopting healthy Lifestyle: Though a chronic medical condition, Diabetes can be curbed at the initial level by introducing lifestyle changes. Experts suggests, reduce stress; sleep on time and for minimum of seven hours, maintaining ideal body weight, regular physical activity stop smoking, stopping/ minimum alcohol intake and get early treatment for any pre-existing or co-morbid health condition such as hypertension.
    • Regular check-ups: Regular visits to the doctor are important to assess sugar control and assessment/ prevention of complications related to the disease.

    Conclusion

    • With the country having the highest number of diabetic patients in the world, the sugar disease is posing an enormous health problem to our country today. According to a World Health Organization (WHO) fact sheet on diabetes, an estimated 3.4 million deaths are caused due to high blood sugar in the world.

    Mains Question

    Q. Diabetes is increasing alarmingly across all age groups in India. Discuss the reasons and suggest measures to manage epidemic of diabetes if it is not curable?

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  • Health Sector – UHC, National Health Policy, Family Planning, Health Insurance, etc.

    Role of Private Sector in Ayushman Bharat Digital Mission

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Ayushman Bharat Digital Mission

    Mains level: Issues with interoperability of Private Sector under Ayushman Bharat Digital Mission

     Ayushman Bharat Digital Mission

    Context

    • On 27 September, 2021, Prime Minister Narendra Modi announced the rollout of the Ayushman Bharat Digital Mission with the aim of integrating the different and disparate digital health systems that exist into a National Digital Health Ecosystem.

    What is Ayushman Bharat Digital Mission (ABDM)?

    • The ABDM currently has five main components:
    • Ayushman Bharat Health Account (ABHA) number: A unique health identification number,
    • Healthcare Professionals Registry (HPR): A repository of healthcare professionals across both modern and traditional systems of medicine,
    • Health Facility Registry (HFR): A repository of both public and private health facilities, including hospitals, clinics, diagnostic laboratories, and pharmacies,
    • Unified Health Interface (UHI): An open protocol for digital health services linking patients with healthcare providers,
    • ABHA Mobile App: An app allowing an individual to carry electronic health records.

     Ayushman Bharat Digital Mission

    Analyzing the future of India’s health care system

    • Digitization push of Government: To achieve the Sustainable Development Goals and targets of universal health coverage, the Indian government has expended significant efforts to promote the digitization of the healthcare sector to make health accessible, affordable, and equitably distributed.
    • Citizens and doctors can access the health registry: The two registries would ostensibly create a database of India’s healthcare institutions and professionals that citizens would be able to access.
    • Digital health card: The ABHA number and the application allow citizens to securely identify themselves and carry their health records to any healthcare facility.
    • Targeted health care services: And lastly, the UHI would facilitate greater access to and delivery of healthcare services.
    • Huge data for research: All of this activity has and will generate a tremendous quantity of data, which will be crucial for research, innovation, and policymaking.

    Importance of private sector in health sector

    • Mixed health care system: India has a mixed healthcare system, which means that it has both public and private healthcare providers. Without significant participation from the private healthcare providers, the ABDM’s ability to achieve its objectives will be limited.
    • 81% doctors are private: This is because private healthcare infrastructure accounts for nearly 62 per cent of all of India’s health infrastructure and the private sector also provides 81 per cent of the doctors in India.
    • Preference to private healthcare: Both rural and urban population in India seem to prefer seeking treatment from the private sector. Only 33 per cent of the rural and 26 per cent of the urban population depend on the public sector for healthcare.

     Ayushman Bharat Digital Mission

    Why Private health care are opting out of ABDM?

    • Voluntary participation in ABDM: The voluntary nature of participation in the ABDM has led to a significant portion of private healthcare providers opting to not participate in the universal programme nor integrate into the UHI.
    • High cost for digital records: Small healthcare providers like charitable hospitals, clinics, diagnostic labs, pharmacies, or nursing homes are less inclined to participate because of the significant costs involved.
    • Requirement of manpower for digitization: The cost to these healthcare providers, who are most likely in various stages of digitisation, is the number of man hours required to digitise their health records and other data.
    • Financial cost of digitization: The actual financial cost of upgrading or altering their digital health systems to meet basic required standards to participate in the ABDM and the UHI.

    Impact of non-participation by private players

    • A lack of participation from the private sector will negatively impact the objectives of the ABDM in major way:
    • Limited success for UHI: Considering the concentration of private healthcare providers in urban areas, a lack of their participation and integration would limit the UHI’s ability to bring previously inaccessible services to the rural population who would otherwise have to travel to access them.
    • Incomplete data and ineffective policy: The data generated by the ABDM and use of the UHI would be incomplete, which in turn would significantly limit the effectiveness of policy planning and programme delivery.

     Ayushman Bharat Digital Mission

    Conclusion

    • It is unclear whether the government intends to achieve private sector participation through incentives or mandates. Without either approach, it seems that the ABDM will see little participation from smaller private healthcare providers, though how this will play out remains to be seen.

    Mains Question

    Q. What is the significance of Private Players in health care system of India? Explain the crucial role of Private health care in Ayushman Bharat digital Mission.

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  • Foreign Policy Watch: India – EU

    The case of India-UK Free Trade Agreement

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Free Trade Agreements

    Mains level: Indias FTA's and frameworks and its significance

     Free Trade Agreement

    Context

    • To achieve the export target of $2 trillion by 2030, India is going the whole hog on free trade agreements (FTAs). India is negotiating FTAs with countries such as the European Union, Canada, the U.K., and Israel.

    Importance of FTA

    • FTA include multiple trade aspects: FTAs cover a wide array of topics such as tariff reduction impacting the entire manufacturing and the agricultural sector; rules on services trade; digital issues such as data localization; intellectual property rights that may have an impact on the accessibility of drugs; and investment promotion, facilitation, and protection.
    • Great impact on economy and society: Consequently, an FTA has a far-reaching impact on the economy and society. Given this, one legitimately expects transparency and greater scrutiny of the FTA process both during and after the negotiations.

    Free Trade Agreement

    What are the problems with Indian FTA negotiations?

    • Lack of transparency in negotiations: India negotiates most FTAs behind closed doors with very little information about the objectives and processes followed and negligible scrutiny.
    • No robust framework for FTA negotiations: This is not the case in other countries with whom India is negotiating such an FTA. In the U.K., for example, there are several robust mechanisms that foster a certain degree of transparency in the FTA negotiations. Furthermore, there are institutional apparatuses that enable the scrutiny of the actions of the executive, during and after the signing of the FTA.

    Free Trade Agreement

    Case study of FTA framework in U.K

    • Detailed information on FTA’s: Department of International Trade (DFIT), U.K., publishes a policy paper laying down the strategic objectives behind negotiating an FTA and why it is important for the U.K. to have an FTA with a particular country. This policy paper is fairly detailed listing the specific advantages of signing an FTA such as the economic gains expected, distributional impacts, the environmental impact, and the labour and human rights dimensions of the FTA.
    • Inputs from stakeholders: The policy paper that the DFIT publishes also contains the inputs and responses received by various stakeholders such as businesses, non-governmental organizations, and others. Furthermore, the policy paper also explains the government view on specific suggestions
    • FTA scrutiny by parliament: In the U.K., the strategic objectives identified by the government for signing an FTA are scrutinized by the U.K. Parliament. This job is performed by the International Agreements Committee (IAC) of the British Parliament. The IAC hears expert witnesses on the FTA, critically examines the government’s strategic objectives for each FTA under negotiation, and offers key recommendations wherever it finds gaps in the government’s approach. The U.K. government then responds to these recommendations.
    • Parliament has to ratify the FTA: In the U.K, under the Constitutional Reform and Governance Act, 2010, the executive has to lay down a treaty before the British Parliament for 21 sitting days with an explanatory memorandum before ratifying it. This allows Parliament to be apprised of the treaty the executive is going to ratify.

     Free Trade Agreement

    The contrast case of India’s FTA

    • No publicly produced document in India: In India, no such document is produced publicly that makes a case for signing an FTA and assessing its impact on the environment and society at large. The Commerce Ministry the nodal body dealing with FTAs on its website provides the bare minimum information about FTA negotiations.
    • No record of discussion with the stakeholders: Seemingly, the Commerce Ministry also undertakes stakeholder consultations and inter-ministerial meetings but there is no public record of these discussions and the government’s response to the concerns of stakeholders.
    • No parliamentary scrutiny: In India, there is no mechanism for such parliamentary scrutiny of the executive’s actions during the FTA negotiations. India’s parliamentary system allows for department-related parliamentary committees that discuss various topics of importance and offer recommendations. However, the Parliamentary Standing Committee on Commerce (PSCC) rarely scrutinises the Indian government’s objectives behind negotiating and signing an FTA.
    • No role for parliament to ratify the FTA: In India, there is no mechanism for any role of Parliament in the ratification of treaties including FTAs. Entering into treaties and matters incidental to it such as negotiations, signing and ratification are within the constitutional competence of Parliament. But, Parliament in the last seven-plus decades has not exercised its power on this issue, thus giving the executive unfettered freedom in negotiating, signing, and ratifying treaties including FTAs.

    Recommendations for Improving the India’s FTA framework

    • Publicise the objectives of FTA: India should take a leaf out of the U.K. book and develop a law on entering treaties including FTAs. This law should have the following parts. The executive should make a clear economic case outlining its strategic objectives publicly for entering into negotiations for a treaty such as an FTA.
    • Mandatory consultation with all stakeholders: The executive should be under an obligation to consult all stakeholders, respond to their concerns and make this information publicly available.
    • Dedicated parliamentary committee to scrutinize the FTA: The Indian Parliament should constitute a committee on the lines of the U.K.’s IAC that will scrutinise the strategic objectives behind entering into an FTA.
    • Mechanism to ratify the FTA by parliament: The executive should place the FTA on the floor of Parliament for a certain duration, allowing Parliament to debate it, before ratifying it.

    Conclusion

    • While the executive’s constitutional prerogative of entering into an FTA or international treaties, in general, is indisputable, this power should be exercised in a manner that makes the executive answerable. After all, an integral facet of democracy is to hold the executive to account for its actions. It should be no different for negotiating international treaties including FTAs.
  • Higher Education – RUSA, NIRF, HEFA, etc.

    Vice-Chancellor Appointment, New Chapter in Centre-State Relations

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: NA

    Mains level: Vice-Chancellor Appointment and Centre state relation

    Vice-Chancellor Appointment

    Context

    • Recent judgments of the Supreme Court of India on the appointment of vice chancellors (VC) in State universities in violation of the regulations of the University Grants Commission (UGC) are significant in the context of higher education in a federal country such as India.

    Vice-Chancellor Appointment

    What are the recent judgements of Supreme Court?

    • Gambhirdan K. Gadhvi vs The State of Gujarat (March 3, 2022): In the case, Gambhirdan K. Gadhvi vs The State of Gujarat (March 3, 2022), from Sardar Patel University, Gujarat, the Court (Justices M.R. Shah and B.V. Nagarathna) quashed the appointment of the incumbent Vice Chancellor on the ground that the search committee did not form a panel for the appointment of VC, and, therefore, was not in accordance with the UGC Regulations of 2018.
    • UGC regulations will prevail over state law: It was held that since the State law was repugnant to the UGC regulations, the latter would prevail and the appointment under the State law had become void ab initio.
    • Professor (Dr) Sreejith P.S vs Dr. Rajasree M.S. (October 21, 2022): In the second case, from Kerala, i.e., Professor (Dr) Sreejith P.S vs Dr. Rajasree M.S. (October 21, 2022), with the Bench of Justices M.R. Shah and M.M. Sundresh, the appointment of the Vice Chancellor of the A.P.J. Abdul Kalam Technological University, Thiruvananthapuram, was challenged on the ground that the search committee recommended only one name, which is against the UGC Regulations.
    • Supreme court quashed the appointment of VCs: The Court quashed the appointment of the VC on the ground that the provision relating to the search committee in the University Act is repugnant to the UGC Regulations, and was therefore void.

    Vice-Chancellor Appointment

    Implications of the recent judgement

    • Many VCs asked to resigned by Governor: Decision of the Supreme Court triggered unprecedented developments in Kerala with the State Governor, who is the Chancellor of all the universities in Kerala, asking as many as 11 VCs of other universities of the State to resign immediately on the ground that their appointments too had become void after the Supreme Court’s judgment.
    • Tussle between governor and state: No VC has resigned as per the direction of the Governor. This development has intensified an already raging battle between the state government and the Governor, which is likely to become fiercer with the Kerala High Court quashing the appointment of the VC of the Kerala University of Fisheries and Ocean Studies on November 14 on the ground that this appointment was in violation of the UGC Regulations.

    What are the legal and constitutional issues with judgement?

    • UGC regulations vs state university Act: In both these cases, the issue framed by the Supreme Court is about whether the appointment of VCs should be made as per the UGC Regulations or the provisions of the State University Act.
    • Education in concurrent list, Centre and state can make a legislation: As education is a subject on the Concurrent list, this question needs to be addressed seriously. A VC is appointed by the Chancellor under the relevant University Act, but the Supreme Court has brought in Article 254 of the Constitution to rule that if provisions of the State law are repugnant to the provisions of the Union law, the State law will become void.
    • State law declared void over UGC violations: In the cases mentioned above, the top court found that the search committee recommended only one name for the appointment of VC which violates the UGC Regulations which require three to five names, and, therefore, the provision of the State law is void.
    • Subordinate regulations prevailed over state law: Thus, the Court’s conclusion is that if any provision in the State university law is repugnant to the UGC Regulations, the latter will prevail and the former will become void. So, on the one side we have an Act passed by a legislature and on the other we have regulations made by a subordinate body such as the UGC.

    Opinion of experts

    • State laws are subordinate to the act of parliament: A careful reading of Article 254 would show that the repugnancy under this Article relates to a state law and a substantive law made by Parliament. It impliedly excludes rules, regulations, etc. Rules and regulations are made by subordinate authorities in this case the UGC whereas the substantive law is made by the superior authority, namely Parliament.
    • State laws are not subordinate to UGC regulations: The repugnancy can arise only between the provisions of the University Acts and the UGC Act, and not the regulations of the UGC.
    • UGC regulations are inferior to state assembly: The rules and regulations made by the subordinate authority, though laid in Parliament, do not go through the same process as a law. Normally these do not require the approval of Parliament. The rules and regulations have an inferior status as compared to an Act. The Constitution cannot be assumed to equate the Act with the rules.
    • Article 254 does not include regulations: The Constitution does not, in general terms, define the term law. The inclusive definition of law given in Article 13(2) is applicable only to that Article. It has no application to other Articles, which means the term law does not include the rules, regulations, etc. for the purpose of Article 254.
    • Violation of federal principle: The regulations made by a subordinate authority of the Union overriding a law made by a state legislature will amount to a violation of federal principles and a negation of the concurrent legislative power granted to the State by the Constitution.
    • UGC regulations are Not part of UGC act: The UGC Regulations on the appointment of VCs are outside the scope of the main provisions of the UGC Act as none of its provisions refers to the appointment of VCs.

    Conclusion

    • Issue of appointment of vice-chancellor has opened the new conflicting chapter between Centre-state relations. Supreme court’s decision has further added the confusion rather than clarity to the issue. Supreme court need to review the judgements for harmonious relations between Centre and states.

    Mains Question

    Q. Explain the article 254 about Centre-state legislative relations? How the issue of vice-chancellor appointment is problematic for Centre-state relationship?  

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  • Terrorism and Challenges Related To It

    Tackling the menace of Terror Financing

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: UNSC, FATF

    Mains level: Terror financing and Measures to tackle

    Terror Financing

    Context

    • The spectre of terrorist violence looms large over the world. With the technological advancement terrorists, criminals, weapons and funds are also able to move across national boundaries easily. India is increasingly playing a leading role in curbing the terror financing.

    What is Terror Financing?

    • Terrorist financing encompasses the means and methods used by terrorist organizations to finance their activities.
    • This money can come from legitimate sources, for example from profits from businesses and charitable organizations.
    • However, terrorist groups can also get their funds from illegal activities such as trafficking in weapons, drugs or people, or kidnapping for ransom.
    • Nations like Pakistan has stated policy of supporting cross-border terrorism in India through global funding.

    What are the channels of free flow of funds?

    • The global flow of funds has three traditional channels:
    1. Direct smuggling of cash: First, direct smuggling of cash through international borders.
    2. Use of Hawala: Second, the use of hawala networks.
    3. Banking Networks: Third, banking networks including SWIFT and other international channels.
    • Use of new technologies: But now swift technological developments in areas of blockchain or cryptocurrencies which transcend national boundaries and international currency systems have emerged as a new channel for financing terrorist and other illegal activities.

    Terror Financing

    What are the identified sources of funds used by Terrorist organizations?

    • Legal financial activities: Terrorist organizations raise money through several sources like travel agencies, money changers, real estate, retail outlets, NGOs, charitable trusts and even from state sponsors.
    • Sourced form Criminal activities: Terrorists also derive funding from a variety of criminal activities ranging in scale and sophistication from low-level crime to organized fraud or narcotics smuggling or illegal activities in failed states and other safe havens.
    • For instance: Declassified files seized during the raid on Osama bin Laden’s Abbottabad hideout also revealed terror financing related documents.

    What steps could be taken to uproot terror financing methods?

    • Identifying the funding requirements: The first step in identifying and forestalling the flow of funds to terrorists is to understand the funding requirements of modern terrorist groups.
    • Understanding the ideology: The costs associated not only with conducting terrorist attacks, but also with developing and maintaining a terrorist organisation and its ideology are significant. Funds are required to promote a militant ideology, pay operatives and their families, arrange for their travel, train new members, forge documents, pay bribes, acquire weapons and stage attacks.
    • Tracing the methods of fund flow: Terrorists use a wide variety of methods to move money within and between organisations, including the financial sector, physical movement of cash by couriers, and movement of goods through the trade system. Charities and alternative remittance systems have also been used to disguise terrorist movement of funds.
    • Monitoring the ambiguous financial intelligence: Only accurate and well linked financial intelligence can reveal the structure of terrorist groups and also the activities of individual terrorists. Of late, such financial intelligence from the private sector has also given significant clues to foil terrorist acts.

    Terror Financing

    How India is leading the battle against terror financing?

    • India’s continues efforts: Prime Minister Narendra Modi has in all his international speeches spoken at length on this. India’s efforts in taking this momentum forward need to be appreciated.
    • India actively providing platform for various assemblies: Recently, the 90th Interpol General Assembly held in New Delhi, followed by a special session of UN Security Council’s Counter Terrorism in late October. In the third week of November, India will host another global conference focussed only on Countering Financing of Terrorism (CFT).
    • CTC adopted Delhi Declaration: The Counter-Terrorism Committee (CTC) unanimously adopted the Delhi Declaration on countering the use of new and emerging technologies for terrorist purposes. The declaration aims to cover the main concerns surrounding the abuse of drones, social media platforms, and crowdfunding, and create guidelines that will help to tackle the growing issue.
    • India will host ‘No Money for Terror’ Conference: The Ministry of Home Affairs will organise the Third Ministerial ‘No Money for Terror’ Conference. where participants from 75 countries expected to attend the conference. The conference that was first held In Paris in 2018, followed by Melbourne in 2019.

    Terror Financing

    What are the international efforts to tackle the menace of terror financing?

    • Foundation of FATF: Financial Action Task Force (FATF) was formed in 1989 as a means of bringing order and implementing standards to the monetary system in the world with regard to terror finance and money laundering.
    • Adopting the resolutions with time: It was the 2001 terrorist attacks that changed the way security agencies looked at terror financing. The UNSCR resolution 1267 in 1999 and UNSCR resolution 1373 in 2001 formed the bedrock of the financial sanctions’ regime for terrorist organisations and individuals.
    • FATF’s Grey listing: One of the key reasons for Pakistan being placed on the FATF Grey List from 2018 to 2022 was its open defiance of those designations. Only after the FATF’s grey listing open terrorist activities stop and the terrorist infrastructure in Pakistan declined to some extent.
    • UNSC sanctions and designations: It is pertinent to understand that the FATF has developed its entire paradigm around the word risk. It used the United Nations Security Council sanctions against terrorists and terrorist organizations to begin to evolve a complex body of documentation in order to assess technical compliance and effectiveness of countries in implementing those UN designations. Eight of the nine UN designated terrorists were arrested and convicted in a major testimony to the success of the UN sanctions regime.

    Conclusion

    • The UN Security Council has sought to increase efforts against terror financing. It is only through inclusive efforts that this complex issue can be addressed. India’s hosting of the “No money for terror” conference later this month should go a long way in focusing on the issue of state sponsored terror financing.

    Mains Question

    Q. With the technological advancement terrorists, criminals, weapons and funds are also able to move across national boundaries easily. Discuss what steps can be taken at national and international level to curb the menace of terror financing?

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  • Electoral Reforms In India

    Regulating the election funding system

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: ECI and its mandate,

    Mains level: Issues with the electoral bonds and political parties funding mechanism

    election

    Context

    • Elections are to democracy what financial markets are to the economy. The absence of an omnibus law to regulate elections and political parties in India is a legislative gap waiting to be filled.

    Significance of political parties in democracy

    • A political party is an organized group of citizens who hold common views on governance and act as a political unit that seeks to obtain control of government with a view to further the agenda and policy they profess.
    •  Political parties maintain a continuous connection between the people and those who represent them either in government or in the opposition.
    • Political parties in India are extra-constitutional, but they are the breathing air of the political system.

    Current procedure of recognizing and regulating the political parties In India

    • Registration of political parties: The Representation of the People Act 1951 was amended in 1988 to add a new section IVA on “Registration of political parties” by which the Election Commission of India (ECI) exercises its mandate for superintendence, direction, and control of elections under Article 324 of the Constitution of India.
    • Recognition as national or state political party: Association of citizens can apply to the ECI to be registered by submitting its Memorandum of Association and swearing allegiance to the Constitution. It requires fulfilment of performance criteria, including a minimum share of the electoral votes cast in the last election and the number of seats won to become a recognized national or a state party.
    • A regulatory gap in Municipal political parties: Municipalities became the third level of government, three decades ago in 1992, through the 74thconstitutional amendment. But a parallel recognition for political parties operating only at the municipal level is yet to be conceptualized.

    Mechanism of Election funding

    • Encouraging private corporates and individual investment: Indian government does not directly fund election campaigns of parties or independents. However, it has made political parties exempt from income tax, to encourage private corporate and individual investment in building political parties.
    • Limit on election campaign expenditure: The ECI set upper-end limits (January 2022) for election campaign expenditure in parliamentary seats at INR9.5 million and INR4 million in state legislature seats.

    election

    Electoral bonds to end large cash payments in election finance.

    • Scheme of electoral bonds:
    • A publicly owned commercial bank, with the largest network of branches is the only designated vendor.
    • Bonds remain valid for 15 days within which they can be encased through the bank account of the selected political party.
    • The purchaser-donor enjoys tax credits on the purchased bonds as in any other donation to charities.
    • Association of democratic records: The idea was to facilitate large donors, preferring anonymity whilst donating funds for elections, with an alternative to cash payments.

    election

    What is the cause of concerns over the electoral bonds?

    • Anonymity of the electoral bonds: The anonymity afforded by the bonds is primarily versus citizens.
    • Bond vendor is a government owned bank: SBI is a government-owned bank, which can be persuaded by the government into sharing data informally regarding the bond purchases and encashments by political parties

    What can be done to ensure the security of the donor?

    • Bond Digitization: Bonds should be digitized and the privacy of the transfer should be protected through encryption.
    • Authorized access: Redemption is through banking the audit trail of the donor and the recipient would exist for authorized access.
    • Enhancing transparency with ECI: Transparency should be enhanced whilst protecting anonymity by authorizing ECI to collect and publish de-personalized information.
    • Personal data should be accessed with the specific orders only: Access for security and criminal investigation agencies to the personal data should come via a specific order of the ECI allowing such privileged access.

    What are the suggestions for better governance of the political parties?

    • Strict Supervision of political parties: Poor Intra-party governance is concentrated in the Registered Unrecognize Political Parties (RUPP). Most are in breach of their undertaking to fight an election within five years and remain active thereafter.
    • Strengthen the Regulatory compliance: The benefit of income tax exemption should only be available after registered parties demonstrate a five-year record of compliance with the regulations.
    • Enforce inner-party democracy and avoiding conflict of interest: Making party members occupying party positions, ineligible for holding executive positions in government. This is necessary to create a complete segregation of functions within the ruling party and the government
    • Empower ECI to regulate political parties: The misuse of the fiscal privileges afforded to political parties can be minimized through targeted regulatory tweaks, within the existing construct of private financing and the inner functioning of parties improved through targeted regulation.

    Conclusion

    • “Secrecy is a darkness where corruption gets nurtured”. Funding to the political parties need to be transparent. Transparent funding will pave the way for level playing field for all the political parties.

    Mains Question

    Q. What are the pitfalls of anonymous political funding through electoral bonds. Suggest solutions to ensure the transparent political funding.

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  • Cyber Security – CERTs, Policy, etc

    Online Women safety

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: NA

    Mains level: Cyber crimes and online safety of Women

    Women

    Context

    • India has one of the youngest youth demographics in the world and among the most active online. As online interactions increase, more content is created and shared among people, helping them form new and wonderful connections. Sometimes, however, these interactions also make them vulnerable to harm.

    What constitute as online harassment of women?

    • Sharing embarrassing and cruel content about a person to impersonation
    • Stalking and electronic surveillance
    • Non-consensual use of photography
    • Violent threats and hate speech
    • Defamation
    • Flaming- use of vitriolic and hostile messages including threats, insults
    • Trolling
    • The online harassment of women, sometimes called Cyber-sexism or cyber-misogyny, is specifically gendered abuse targeted at women and girls online.
    • It incorporates sexism, racism and religious prejudice.

    Women

    How women disproportionately get affected?

    • Often women are blamed: Often, crimes that disproportionately impact women devolve into mass panic and lead to an all too predictable top-down discourse around the need to protect our sisters and daughters.
    • Curbing the freedom of Women: The reaction, however well intentioned, will end up denying women their freedom and agency by their so-called protectors, many of whom are simply telling women to go offline, to be ashamed of expressing themselves, to stay in their lane.

    What is role of intermediaries in preventing such abuses?

    • Making intermediary liable: As of now, the intermediaries are not liable for any third-party data or communication link hosted or stored by them.
    • Mandatory Data retention by intermediaries: They are required to retain the requisite data for duration as prescribed by the Government and supply the same to the authorities concerned, as and when sought.
    • Punishment for Non-compliance is: Highlighting any contravention attracts punishment as prescribed under the IT Act.

    Women

    What are the Steps taken by the Government?

    • IT rules 2021: The Ministry of Electronics and Information Technology notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
    • Defined Categories of abuse: They include contents that are defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, etc.
    • Prohibition on derogatory publications: The intermediaries, on the direction of the court or appropriate government agency, are prohibited from hosting, storing or publishing any information declared unlawful.
    • Removal of content within 24 hours: Within 24 hours from the receipt of a complaint from, or on behalf of, an individual about any offensive content, they are required to take all reasonable and practicable measures to remove or disable access to it.
    • Meetings of parliamentary committees: Various parliament committees in India have held meetings to discuss the issue of online safety of women over the years, and part of the government’s motivation in notifying the new IT rules had been rooted in the growing concern regarding the safety and security of users, particularly women and children. These are very good tangible steps.
    • Amendment in IT act should include the concerns of women: With the IT Act coming up for a rehaul, there is an opportunity to discuss in detail the nature of technology-facilitated abuse, capturing what this means, understanding how cases impact individuals as well as communities, the language needed to capture such offences and the punishment penalties, jail or even rehabilitation programmes for perpetrators. This could be the start of an era of evidence-based discussion.

    Women

    Conclusion

    • Despite these efforts, it is clear that women in India won’t feel safe online anytime soon unless society lets them. What could be helpful here is to elevate the public discourse around technology-facilitated abuse.

    Mains Question

    Q. How women are vulnerable against online abuse? What is the role of Intermediaries in online abuse case? What are governments efforts to make women friendly cyberspace?

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  • Climate Change Negotiations – UNFCCC, COP, Other Conventions and Protocols

    MARS A new alert system to detect Methane emissions

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: MARS alert system, global Methane pledge, Methane

    Mains level: MARS alert system, Methane emission

    MARS

    Context

    • A new satellite-based system will now help governments detect methane emissions and tackle them. The Methane Alert and Response System (MARS) was launched at the 27th Conference of Parties (COP27) to the United Nations Framework Convention on Climate Change in Sharm El-Sheikh, Egypt.

    What is Methane Alert and Response System (MARS)?

    • MARS is a part of global efforts to slow climate change by tracking the global warming gas.
    • The system will be the first publicly available global system to connect methane detection to notification processes transparently.
    • The data-to-action platform was set up as part of the UN Environment Programme’s (UNEP) International Methane Emissions Observatory (IMEO) strategy to get policy-relevant data into the right hands for emissions mitigation.

    MARS

    How the “MARS” will work?

    • The Methane Alert and Response System, or MARS, will integrate data from a large number of existing and future satellites to identify significant methane emission events anywhere in the world.
    • It will send out notifications to the relevant stakeholders and support and track mitigation progress.
    • According to the UN statement MARS will track the large point emission sources, mainly in the fossil fuel industry, but with time, would be able to detect emissions from coal, waste, livestock and rice fields as well.
    • UNEP will continue to monitor the event location and make the data and analysis available to the public between 45 and 75 days after detection.

    MARS

    Methane a dangerous greenhouse gas

    • A major greenhouse gas: Methane is the second-most common of the six major greenhouse gases, but is far more dangerous than carbon dioxide in its potential to cause global warming.
    • One of major contributor of GHG emissions: Contribution Accounting for about 17 per cent of the current global greenhouse gas emissions.
    • One of the key reasons behind Temperature rise: Methane is blamed for having caused at least 25 to 30 per cent of temperature rise since the pre-industrial times.
    • Methane largely a Sectoral gas: Unlike carbon dioxide, methane is largely a sectoral gas, and there are only a few sources of emission.
    • Few sources large emissions of methane: The global warming potential of methane is about 80 times that of carbon dioxide. It accounts for a small portion of human-induced greenhouse gas emissions compared to carbon dioxide.

    MARS

    Why such alert system is necessary?

    • To achieve the target set by Global methane pledge: At the Glasgow climate conference last year, nearly 100 countries had come together in a voluntary pledge the Global Methane Pledge to cut methane emissions by at least 30 per cent by 2030 from the 2020 levels. More countries have joined in this initiative since then, bringing the total to nearly 130.
    • To keep the temperature, rise below 5-degree Celsius: A 30 per cent reduction in methane emissions by 2030 is expected to result in avoiding 0.2 degree rise in temperature by the year 2050, and is considered absolutely essential in the global efforts to keep the temperature increase below the 1.5-degree Celsius target. This is a global, not a national reduction target.
    • Reducing methane emissions from the atmosphere provides multiple benefits: Methane being a sectoral gas with few sources of emission, it is possible to cut down on methane emissions without having widespread impact on the economy, a reduction in methane emissions brings big benefits in a short time.
    • MARS Provides technical and advisory to the partners: If requested, MARS partners will also provide technical or advisory services, such as help in assessing mitigation opportunities

    All you need to know about Conference of Parties (COP).

    • Unless the parties decide otherwise, every year The United Nations Framework Convention on Climate Change (UNFCCC) convenes what is called a Conference of Parties (COP), a meeting that brings together leaders and delegates from around the world to strengthen their commitments and actions against specific climate change goals.
    • The parties are the 198 countries that ratified the UNFCCC.
    • The UNFCCC is an international treaty focused on preventing dangerous human interference with the climate system, primarily by stabilizing greenhouse gas (GHG) emissions.

    Conclusion

    • Cutting methane is the fastest opportunity to reduce warming and keep 1.5°C within reach, and this MARS a new alert and response system is going to be a critical tool for helping all of us deliver on the Global Methane Pledge.

    Mains Question

    Q. Methane is thought to be 80 times more efficient than carbon dioxide at trapping atmospheric heat in the 20 years following its release. Discuss how MARS a new alert system would be helpful to keep the temperature rise below 1.5 degree Celsius?

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