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  • Women Safety Issues – Marital Rape, Domestic Violence, Swadhar, Nirbhaya Fund, etc.

    Two finger test: Undermining the dignity of women

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: NA

    Mains level: Read the attached story

    finger test

    Context

    • On October 31, a two-judge bench of the Supreme Court noted that the two-finger test is a sexist medical practice that re-victimizes and re-traumatizes rape survivors. The Court also issued directions to the Union and state governments to implement the 2014 guidelines of the Ministry of Health and Family Welfare for health providers in sexual violence cases.

    What is two finger tests?

    • The two-finger test involves the medical examiner inserting their two fingers into the vagina of a survivor to note the presence or absence of the hymen and the so-called laxity of the vagina.

    finger test

    What is the expert doctor’s opinion?

    • Misogynistic belief: While a hymen can be torn and its orifice may vary in size for many reasons unrelated to sex, the origin of the two-finger test lies in the misogynistic belief that a torn hymen is an indication that the survivor is habituated to sex and therefore, cannot be raped or is more likely to make false claims about being raped.

    What is the law against such infringement of bodily privacy?

    • SC prohibited test in Rajesh v. State of Haryana 2013 case: “Medicalization of consent” where women’s bodies are given precedence over their voices. Recognizing this as an invasion of privacy and a violation of a survivor’s dignity, the Supreme Court prohibited the test in Lillu at Rajesh v. State of Haryana (2013).
    • Guidelines for medico-legal care for survivors of sexual violence: Shortly after, in March 2014, taking forward the recommendations of the Justice J S Verma Committee Report, the Ministry of Health & Family Welfare issued guidelines for medico-legal care for survivors of sexual violence. These guidelines explicitly prohibited the two-finger test and discussed the need for training medical examiners to respond to the needs of the survivors in a sensitive and non-discriminatory manner.

    Why the practice of two finger tests still persists?

    • Lack of political will: Nearly eight years since the guidelines were issued, the two-finger test still remains a reality. Its prevalence is a reflection of the complete lack of political will to address the issue.
    • No pan-India comprehensive review: While fragmented pieces of narratives and research indicate that the two-finger test continues in rape cases to date, it is incumbent upon the executive to undertake a comprehensive pan-India review to assess the nature and extent of the problem.
    • Change in format and unclarity: The changed format (introduced after the passing of the Criminal Law Amendment Act, 2013) of the medico-legal certificate used by doctors in rape cases did not require them to make a note of the finding of the two-finger test. However, according to the lawyers, this did not mean that the test was not happening anymore. Some says they it was no longer being recorded as such but was still being conducted.
    • Poor medical infrastructure: The continued existence of the two-finger test is a result of the overall poor state of forensic medicine infrastructure in India.
    • Lack of awareness: Lack of awareness amongst the medical community about the unscientific nature of the two-finger test.

    finger test

    What is the opinion of the court?

    • Government must enforce the protocol: The Court commenting on the sorry state of affairs and issuing directions to the government on enforcement of the protocol including the emphasis on workshops and the medical school curriculum is significant.
    • Holding a person, a guilty of misconduct: The Court took a step further by holding a person conducting the two-finger test on a rape survivor guilty of misconduct. It is unclear if the Court was making a reference to professional misconduct on part of the medical examiner.

    finger test

    What should be the way forward?

    • Caregiving to victim: Medical practitioners must see themselves as caregivers when handling sexual violence cases.
    • Awareness about legal system: Medical practitioners should be made to understand as their role in the criminal legal system, specifically towards rape survivors.
    • Training of medical examiners: The training in medical school must prepare medical examiners for their role in the justice system.
    • Police should play an active role: The institution of police should be sensitized on the continued use of the two-finger test in rape cases.
    • Modules on sexuality: Training and workshops designed for doctors needs to include modules on sexuality and discrimination.

    Conclusion

    • Two finger test is further traumatizing the victim of rape. Despite the directives of courts years ago and unscientific nature, two finger test continues. Women empowerment is not only about the earnings and livelihood its also about the right to privacy and dignity of life.

    Mains Question

    Q. What is two finger tests? what is the law against the two-finger test? give the reasons for continuation of two finger test?

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

    World Network of biosphere reserves: A backbone of biodiversity conservation

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Biosphere reserves, WNBR,

    Mains level: Issues of concerns and efforts of conservation, India's efforts in biodiversity conservation

    biosphere reserves

    Context

    • November 3 will be the first ‘The International Day for Biosphere Reserves’, to be celebrated beginning 2022. The World Network of Biosphere Reserves (WNBR) was formed in 1971, as a backbone for biodiversity conservation, ecosystem restoration, and living in harmony with nature.

    biosphere reserves

    What is biosphere reserve?

    • Protected area: A biosphere reserve is an area of land or water that is protected by law in order to support the conservation of ecosystems, as well as the sustainability of mankind’s impact on the environment.
    • Serves as a Platform to study:  They are places that provide local solutions to global challenges. Biosphere reserves include terrestrial, marine and coastal ecosystems. Each site promotes solutions reconciling the conservation of biodiversity with its sustainable use.
    • Learning places for sustainable development: Biosphere reserves are ‘learning places for sustainable development’. They are sites for testing interdisciplinary approaches to understanding and managing changes and interactions between social and ecological systems, including conflict prevention and management of biodiversity.
    • Biodiversity conservation programs are carried out: To carry out the complementary activities of biodiversity conservation and sustainable use of natural resources, biosphere reserves are traditionally organized into 3 interrelated zones, known as: the core area, the buffer zone, and a transition zone or ‘area of cooperation.
    • The core purpose: The purpose of the formation of the biosphere reserve is to conserve in situ all forms of life, along with its support system, in its totality, so that it could serve as a referral system for monitoring and evaluating changes in natural ecosystems. Each reserve aims to help scientists and the environmental community figure out how to protect the world’s plant and animal species while dealing with a growing population and its resource needs.

    What is the process of recognition as Biosphere reserve?

    • All biosphere reserves are internationally recognized sites on land, at the coast, or in the oceans.
    • Governments alone decide which areas to nominate. Before approval by UNESCO, the sites are externally examined.
    • If approved, they will be managed based on a plan, reinforced by credibility checks while remaining under the sovereignty of their national government.

    biosphere reserves

    Current status of Biosphere reserves

    • Worldwide: There are 738 biosphere reserves in 134 countries, including 22 transboundary sites.
    • In India:
    • Presently, there are 18 notified biosphere reserves in India. Ten out of the eighteen biosphere reserves are a part of the World Network of Biosphere Reserves, based on the UNESCO Man and the Biosphere (MAB) Programme list.
    • In India, the first biosphere reserve was designated by UNESCO in 2000, namely, the blue mountains of the Nilgiris stretching over Tamil Nadu, Karnataka and Kerala.

    You must know- UNESCO Man and the Biosphere (MAB) Programme

    • The MAB programme is an intergovernmental scientific programme.
    • It aims to establish a scientific basis for enhancing the relationship between people and their environments.
    • It combines the natural and social sciences with a view to improving human livelihoods and safeguarding natural and managed ecosystems.
    • It promotes innovative approaches to economic development that are socially and culturally appropriate and environmentally sustainable.

    What is World Network of Biosphere Reserves (WNBR)?

    • Dynamic network of cooperation: The WNBR, an amazing network of sites of excellence, is a unique tool for cooperation through sharing knowledge, exchanging experiences, building capacity and promoting best practices.
    • Fosters harmonious integration of people and nature: Its members are always ready to support each other.  It fosters the harmonious integration of people and nature for sustainable development through participatory dialogue; knowledge sharing; poverty reduction and human well-being improvements; respect for cultural values and society’s ability to cope with change – thus contributing to the 2030 Agenda and the Sustainable Development Goals (SDGs)
    • A tool to develop sustainable approach: The Network is one of the main international tools to develop and implement sustainable development approaches in a wide array of contexts
    • The principle of Living with harmony: The best concept for ‘Living in Harmony with Nature’ that exists in the United Nations system, is the WNBR, making these places more important today than ever before, where humans are thriving and relearning how to live with nature.

     

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  • Air Pollution

    State Pollution Control Boards (SPCBs)

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Role of SPCB

    Mains level: Issues faced by SPCB and Suggested Solutions to making it effective

    pollution

    Context

    • In the fight against air pollution in the Indo Gangetic Plain, there are several important protagonists, none more so than India’s frontline environmental regulators, the State Pollution Control Boards (SPCBs), and the Pollution Control Committees (PCCs) in the Union Territories. There is no future with clean air in which the SPCB’s do not perform at the highest level possible.

    know about State Pollution Control Boards (SPCB)

    • Constituted under Water (Prevention and Control of Pollution) Act, 1974: The SPCBs were initially constituted under the Water (Prevention and Control of Pollution) Act, 1974. Under the Air (Prevention and Control of Pollution) Act, 1981, the SPCB mandate was expanded to include air quality management.
    • New responsibility without capacity: Subsequently, several new environmental regulations added to their roles and functions. Unfortunately, this enhanced mandate has not been matched with increased capacity and capability in the Boards. As environmental indicators such as air quality and water quality worsen in many parts of the country, the Boards are evidently failing to effectively discharge their statutory mandate.

    Analyzing the performance of SPCB’s

    • Poor performance of SPCBs: Over the years, several reports that have been published, including those by the parliamentary standing committee and government committees, have identified reasons for the poor performance of the SPCBs.
    • Experts are excluded from composition: The composition of SPCBs is a matter of serious concern as important stakeholders and those with crucial expertise are missing in most States. Boards are multimember bodies headed by a chairperson and a member secretary. Their decisions and policies guide the day-to-day functioning of the organisation.
    • Conflict of interest: Over 50% of the Board members across the 10 SPCBs and PCC studied represent potential polluters: local authorities, industries, and public sector corporations. They are subject to the SPCB’s regulatory measures, and their overwhelming presence raises fundamental questions around conflicts of interest.
    • SPCBs Does not meet the statutory requirement: At the same time, scientists, medical practitioners, and academics constitute only 7% of the Board members. What is even more worrying is that most Boards do not meet the statutory requirement of having at least two Board members who have knowledge of, and experience in, air quality management.
    • SPCB’s leadership and uncertain tenure: The chairperson and the member secretary do not enjoy a long, stable, and fulltime tenure. In many States, persons in these two posts hold an additional charge in other government departments. Data also show that several chairpersons and member secretaries have held their posts for less than a year. For example, the shortest tenure for a chairperson has been 18 days (Chhattisgarh) and 15 days for a member secretary (Haryana and Uttar Pradesh).
    • Short tenure with multiple roles: With the focus of the leadership of SPCB spread thin across multiple roles and their tenures being short, often they do not even have the time to understand their mandate fully before they are moved out. In such a scenario, long term policy planning, strategic interventions and effective execution aimed at reducing air pollution substantially are extremely difficult.
    • Problem of Understaffing: The SPCBs are critically understaffed. At least 40% of all sanctioned posts are vacant across nine SPCBs/PCCs for which there is data. Vacancy levels in technical positions are as high as 84% in Jharkhand, and over 75% in Bihar and Haryana. An inadequate staff strength forces the Boards to recast their priorities among their various functions.
    • Less regulatory scrutiny: Less staff strength also means weaker regulatory scrutiny and poor impact assessment. For example, given their workload, engineers in Bihar, Jharkhand, Punjab and Uttar Pradesh have less than a day to inspect, evaluate and decide on each consent application. With Board staff running on empty, this is clearly an unsustainable situation.

    pollution

    What are the recommendations for effective SPCBs?

    • Addressing Leadership and human resource needs: Strengthening manpower at the SPCBs will not only require hiring new resources, but also training existing staff by leveraging institutions such as the Indian Institutes of Technology, NEERI, and others. These in-service training programs would also serve as an incentive for staff both new and existing.
    • Better Pay structures: The Pay structure need to be revised to align with sectoral norms to ensure that SPCBs are not regularly losing trained manpower to industry and other sectors.
    • Modern infrastructure: The infrastructure of PCBs also needs to be improved along with manpower i.e., facilities such as adequate computers, improved lab facility etc. The instruments used for monitoring are not maintained properly or outdated. Sometimes labs are also not equipped enough to do the necessary analysis.
    • Expert should lead the SPCBs: It is imperative for their effective functioning that States should nominate to leadership positions, individuals of technical expertise and distinguished service such that effective decision making can be carried out.
    • Providing the fixed tenure: They should be appointed for a fixed tenure and in full-time roles, with the sword of removal or termination not hanging over their heads.
    • Reduction is composition for effective functioning: The size of the boards themselves may also be reduced to aid in effective functioning, with preference in membership given to technical experts, as is the international best practice. These moves would ensure that the Boards function effectively as independent agencies, as envisioned in their foundational legislation.

    pollution

    Read the basics-Air pollution

    • Air pollution is contamination of the indoor or outdoor environment by any chemical, physical or biological agent that modifies the natural characteristics of the atmosphere.
    • Household combustion devices, motor vehicles, industrial facilities and forest fires are common sources of air pollution. Pollutants of major public health concern include particulate matter, carbon monoxide, ozone, nitrogen dioxide and sulfur dioxide. Outdoor and indoor air pollution cause respiratory and other diseases and are important sources of morbidity and mortality.

    Conclusion

    • Given the scale and causes of air pollution in India, multidisciplinary expertise is needed to tackle it; there must also be an explicit focus on health while designing air pollution policy. The lack of expertise and skewed representation of stakeholders on the Boards can only be a hindrance to effective policy making.
  • Health Sector – UHC, National Health Policy, Family Planning, Health Insurance, etc.

    Recognizing “ASHA”: The real hope

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Basics of ASHA workers

    Mains level: Strengthening ASHA and basic medical facilities

    ASHA

    Context

    • One of the biggest issues facing rural health services is lack of information. ASHA workers are the first respondents even when there is lack of access to medical aid are threatened with violence and abused on the number of occasions while handlining the prospected patients in COVID19 pandemic.

    Evolution of “ASHA” you may want to know

    • The ASHA programme was based on Chhattisgarh’s successful Mitanin programme, in which a Community Worker looks after 50 households.
    • The ASHA was to be a local resident, looking after 200 households.
    • The programme had a very robust thrust on the stage-wise development of capacity in selected areas of public health.
    • Many states tried to incrementally develop the ASHA from a Community Worker to a Community Health Worker, and even to an Auxiliary Nurse Midwife (ANM)/ General Nurse and Midwife (GNM), or a Public Health Nurse.

    Who are ASHA workers?

    • ASHA workers are volunteers from within the community who are trained to provide information and aid people in accessing benefits of various healthcare schemes of the government.
    • The role of these community health volunteers under the National Rural Health Mission (NRHM) was first established in 2005.
    • They act as a bridge connecting marginalized communities with facilities such as primary health centers, sub-centers and district hospitals.

    Qualifications for ASHA Workers

    • ASHAs are primarily married, widowed, or divorced women between the ages of 25 and 45 years from within the community.
    • They must have good communication and leadership skills; should be literate with formal education up to Class 8, as per the programme guidelines.

    ASHA

    What role do the ASHA Workers play? 

    • Involved in Awareness programs: They go door-to-door in their designated areas creating awareness about basic nutrition, hygiene practices, and the health services available. They also counsel women about contraceptives and sexually transmitted infections.
    • Ensures Mother and child health: They focus primarily on ensuring that pregnant women undergo ante-natal check-up, maintain nutrition during pregnancy, deliver at a healthcare facility, and provide post-birth training on breast-feeding and complementary nutrition of children.
    • Actively involved in Immunization programs: ASHA workers are also tasked with ensuring and motivating children to get immunized.
    • Providing medicines and therapies: Other than mother and childcare, ASHA workers also provide medicines daily to TB patients under directly observed treatment of the national programme. They also provide basic medicines and therapies to people under their jurisdiction such as oral rehydration solution, chloroquine for malaria, iron folic acid tablets to prevent anemia etc.
    • Tasked with Screening tests: They are also tasked with screening for infections like malaria during the season. They also get people tested and get their reports for non-communicable diseases. They were tasked to quarantine the covid 19 infected patients in the pandemic.
    • Informing the birth and death in respective areas:  The health volunteers are also tasked with informing their respective primary health center about any births or deaths in their designated areas.

    ASHA

    What are the challenges that ASHA workers face?

    • Lack of communication threating the job of ASHA Workers: One of the biggest issues facing rural health services is lack of information.
    • Lack of resources burdening the ASHA works job: Another area of concern is the lack of resources. Over the years, with the closest hospital being 9 km away and ambulances taking hours to respond, ASHA workers had to take multiple women in labour to the hospital in auto rickshaws.
    • Poor medical health facilities: Medical facilities are understaffed and lack adequate equipment for various basic procedures like deliveries. Simple tests, like for sickle cell anemia and HIV, cannot be conducted in no of respective areas of ASHA workers.
    • Low wages according to the job they do: The initial payment used to be paid was Rs 250 a month in 2009. Since ASHA’s unionized and agitated for a living wage. Thirteen years on, they earn around Rs 4,000 a month. It is simply not enough to sustain a family of four.
    • Covid 19 disruptions added to the existing problems: Low wages forcing ASHA’s to work two or more jobs. In the pandemic, no of women lost their husband or the means of earnings and had to revert to farming. Weather fluctuations disrupting the farm produce leaving no of ASHA’s the sole earner for the family. Those who don’t have land are living in miserable conditions.
    • Delayed payments reduce the morale: Payments are also delayed by months, Desperation for work leaves us unable to focus on the groundwork we do.

    ASHA

    What can be done to improve the work conditions of ASHA workers?

    • Improving the communication channels: Channels of communication between the government and the rural population need to be robust. A deadly pandemic makes the value of these channels obvious but in order to get people on board, information needs to be sent out much more effectively and in a hands-on manner. ASHA workers play a crucial role in aiding this effort. ASHA’s can’t do this alone. They need new systems to ensure the dissemination of life-saving information in remote areas.
    • ASHA’s should have fixed income: ASHA’s should have a fixed income, giving them the stability in a job where they spend between eight to twelve hours daily.
    • Role needs to be formalized ensuring the dignity: ASHA’s are recognized as “volunteers” currently. Their role needs to be formalized. Recognizing them as workers provides dignity and protection, and helps them to be taken seriously, by the state, the gram panchayat responsible for the disbursal of funds, and patients.
    • Recognizing and awarding their role will empower and motivate ASHA’s further: For people in villages, ASHA’s have become lifelines. They have led innumerable immunization drives and are everybody’s first call in a medical emergency. They have labored to build trust and serve as a bridge with the state. Examples shows recognition gives some leverage to circumvent the system and seek funds for people in my community.

    Conclusion

    • ASHA’s are lifelines of rural primary healthcare, they are playing critical role on no of fronts ensuring the basic health of India. A better, stronger India is possible if ASHA’s are enabled to serve people. Giving them due recognition would serve this end, along with making rural India’s needs medical or otherwise a priority.

    Mains Question

    Q. For the villagers, ASHA has been a lifeline in the last few years. Acknowledge the problems they face on a daily basis and suggest solutions to raise their morale for the primary health of the village community and the nation as a whole.

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  • Issues related to Economic growth

    One must know India’s Economic Growth Story

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Economic indicators and related facts

    Mains level: Indias Growth story, Status of Growth drivers amidst the challenge of slowing economies

    Economic

    Context

    • As the COVID-19 pandemic fades and hopes to rise for nations and societies to return to some kind of normalcy, there is effort all around to take stock of where we stand and what our prospects look like. A look back over the last few years at how India performed in terms of its economy.

    Present situation of India’s economic growth

    • Mixed growth story: One group of experts argues, India’s growth story is more mixed. In 2021-22, its GDP growth was 8.7%, which was among the highest in the world. This is good but, against this, we must offset the fact that much of this is the growth of climbing out of the pit into which we had fallen the previous year.
    • IMF reduced the growth forecast: In 2020-21, India’s growth was minus 6.6%, which placed the country in the bottom half of the global growth chart. For 2022-23, the International Monetary Fund has cut India’s growth forecast to 6.1%.

    Economic

    Structural assessment of India’s growth

    • Rising inequality and high unemployment: Most of India’s growth is occurring at the top end, with a few corporations raking in a disproportionate share of profits, and unemployment is so high, it is likely that large segments of the population are actually witnessing negative growth.
    • Slowdown in previous years: What makes India’s growth story worrying is that the slowdown began much before the COVID19 pandemic. It began in 2016, after which, for four consecutive years, the growth rate each year was lower than in the previous year. Growth in 2016-17 was 8.3%. After that it was, respectively, 6.9%, 6.6%, 4.8%, and minus 6.6%.
    • Status of unemployment: India’s unemployment rate is high. In October, it stood at 7.8%. However, what is really worrying is youth unemployment. According to International Labour Organization (ILO) data, collated and presented by the World Bank, India’s youth unemployment, that is, from among people aged 15 to 24 years who are looking for work, the percent that does not find any, stands at 28.3%.

     Know the basics-What is Unemployment?

    • Definition: Unemployment is a phenomenon that occurs when a person who is capable of working and is actively searching for the work is unable to find work.
    • Those who are excluded: People who are either unfit for work due to physical reason or do not want to work are excluded from the category of unemployed.
    • Unemployment rate: The most frequent measure of unemployment is unemployment rate. The unemployment rate is defined as a number of unemployed people divided by the number of people in the labour force.
    • Labour Force: Persons who are either working (or employed) or seeking or available for work (or unemployed) during the reference period together constitute the labour force.

    Economic

    Other perspectives on Indian economy

    • The latest GDP numbers suggest: For Q1 FY2022–23 suggest that economic growth is on a healthy track. Consumers, after a long lull, have started to step out confidently and spend private consumption spending went up 25.9% in Q1.
    • On the production side: the contact-intensive services sector also witnessed a strong rebound of 17.7%, thanks to improving consumer confidence.
    • Healthy agriculture sector: The only sector that consistently performed well throughout the pandemic, remained buoyant.
    • Industrial growth: Industrial growth boosted from accelerating growth in construction and electricity, gas, water supply and other utility services sectors.
    • Manufacturing is not doing well: A sector that has not yet taken off sustainably is manufacturing, which witnessed modest growth of 4.5% in Q1. Higher input costs, supply disruptions, and labor shortages due to reverse migration have weighed on the sector’s growth. According to the Reserve Bank of India’s (RBI’s) data on nonfinancial firms, surging raw material costs have stressed the profitability and margins of companies.

    What are the Challenges for the growth of economy?

    • High inflation: The biggest worry is that of high inflation (which has persisted for way too long) and all the challenges that come along with it. Inflationary environments increase the costs of doing business, impact profitability and margins, and reduce purchasing power. In short, inflation thwarts both supply and demand. Central banks’ monetary policy actions, in response to rising inflation, can impede credit growth and economic activity, thereby intensifying the probability of a recession in a few advanced nations.
    • Rising current account deficit: The other challenge is the rising current-account deficit and currency depreciation against the dollar. While a rebounding domestic economy is resulting in higher imports, moderating global demand is causing exports to slow. The US dollar’s unrelenting rise and global inflation are further causing India’s import bills to rise.
    • Declining forex: The RBI had to intervene to contain volatility and ensure an orderly movement of the rupee. The RBI’s intervention is leading to a drawdown in foreign exchange reserves. Consequently, the import cover from reserves has reduced to nine months from a high of 19 months at the start of 2021 (although, it remains above the benchmark of three months).

    Economic

    The economy’s growth drivers are improving

    • Exports: Exports, the first growth driver are slowing down and are likely to moderate along with the probable global economic slowdown.
    • Government spending: Government spending, the second driver, is already at an elevated level, thanks to the pandemic, and the government will likely focus on its prudence in utilizing limited resources. The good news is the share of capital expenses is going up even as the government is reducing revenue expenses. Multiplier effects of this spending will aid in growth in income, assets, and employment for years to come. Strong tax revenues may support further capital spending in the future.
    • Capital expenditure: According to experts, prospects for capex investments the third growth driver by companies are brighter. Sustained demand growth may be the most-awaited cue for a sustained push for investment.
    • Consumer demand: Consumer Demand, the fourth, and perhaps the most important, growth driver has improved significantly in recent quarters. However, spending has not grown sustainable despite improving consumer confidence. For instance, retail sales are growing but the pace is patchy, and auto registrations have remained muted. We expect that receding pandemic fears and the upcoming festive season could give a much-needed boost to the consumer sector.

    Conclusion

    • Indian economy should not be looked from isolation. It is very much integrated in global economy. Pandemic, Ukraine war, US- China trade war have given a successive shock to global and Indian economy. Despite that Indian has done well than rest of the world. Our focus should be on curbing inequality, not to allow people to descend into extreme poverty and employment generation.

    Mains Question

    Q. Analyse the present economic macro-indicators of Indian economy. What are the challenges for growth story of India in the context of global uncertainty?

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  • Citizenship and Related Issues

    Case of Citizenship to Stateless Indian origin Tamils

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: CAA

    Mains level: Indian origin tamils, Debate over granting citizenship

    CitizenshipContext

    • The Supreme Court of India has now posted the 232 petitions challenging the Citizenship (Amendment) Act (CAA) to be heard on December 6, 2022. However, there is another issue linked to the subject, i.e., the unresolved status of Indian origin Tamils who repatriated from Sri Lanka.

    Present status of Sri Lankan refugees in India

    • For over four decades, Indian origin Tamils have been classified as stateless persons, based on technicalities. Nations High Commission for Refugees, “Comprehensive Solutions Strategy for Sri Lankan Refugees”, there are around 29,500 Indian origin Tamils currently living in India.

    CitizenshipHistorical background of citizenship to Indian origin Tamils

    • As Indentured plantation workers: Indian origin Tamils were brought in as indentured labourers to work in plantations. They remained mostly legally undocumented and socially isolated from the native Sri Lankan Tamil and Sinhalese communities due to the policies of the British.
    • Denied citizenship led to stateless population: After 1947, Sri Lanka witnessed rising Sinhalese nationalism, leaving no room for their political and civil participation. They were denied citizenship rights and existed as a ‘stateless’ population, numbering close to 10 lakhs by 1960.
    • Bilateral pacts granted citizenship: As an ethnolinguistic minority without voting rights, this resulted in a double disadvantage till the two national governments addressed this issue. Subsequently, under the bilateral Sirimavo-Shastri Pact (1964) and the Sirimavo-Gandhi Pact (1974), six lakh people along with their natural increase would be granted Indian citizenship upon their repatriation.
    • Civil wars forcing to seek asylum in India: The Sri Lankan civil war resulted in a spike in Sri Lankan Tamils and Indian origin Tamils together seeking asylum in India. This resulted in a Union Ministry of Home Affairs directive to stop the grant of citizenship to those who arrived in India after July 1983.
    • Focus on Refugee welfare and rehabilitation: The focus of the Indian and Tamil Nadu governments shifted to refugee welfare and rehabilitation. The legal destiny of Indian origin Tamils has been largely intertwined with that of Sri Lankan Tamil refugees, and both cohorts have been relegated to ‘refugee’ status.
    • Classified as Illegal migrants as per the CAA 2003: Indian origin Tamils who arrived after 1983 came through unauthorized channels or without proper documentation and came to be classified as ‘illegal migrants’ as per the CAA 2003. This classification has resulted in their statelessness and blocking of potential legal pathways to citizenship.

    How to overcome the problem of statelessness?

    • While constitutional courts have not had an occasion to deal with the question of statelessness, there have been two recent judgments (Madurai Bench of the Madras High Court, Justice G.R. Swaminathan), taking these issues head on.
    • Judgment on P. Ulaganathan vs Government of India (2019): The status of citizenship of Indian origin Tamils at the Kottapattu and Mandapam camps came up for consideration. The court recognized the distinction between Indian origin Tamils and Sri Lankan Tamils and held that a continuous period of statelessness of Indian origin Tamils offends their fundamental right under Article 21 of the Constitution of India. The court further held that the Union Government has implied powers to grant relaxation in conferring citizenship and prescribed that a humanitarian approach, shorn of the rigors of law, should be adopted.
    • Abirami S. vs The Union of India 2022: Statelessness is something to be avoided. The court further held that the principles of the CAA, 2019, which relaxes the conditions for citizenship for Hindus from Afghanistan, Pakistan and Bangladesh, would also apply to Sri Lankan Tamil refugees. As such, these judgments have provided categorial judicial guidance to the Union of India on how to utilize an expanded and liberal interpretation of the CAA, 2019 to overcome statelessness.
    • Supreme Court (Committee for C.R. of C.A.P. and Ors. vs State of Arunachal Pradesh 2015): An undertaking made by the Government of India with respect to grant of citizenship inheres a right in the stateless or refugee population. As such, India has made repeated undertakings, through the 1964 and 1974 pacts, which have created a legitimate expectation among the Indian origin Tamils and would entitle them to be granted citizenship.
    • Obligatory International customary law: The situation of statelessness of Indian origin Tamils is ‘de jure’, created from the failure in implementing the 1964 and 1974 pacts. De jure statelessness is recognized in international customary law. Therefore, India has an obligation to remedy the situation.

    How other nations deals with statelessness situation?

    • United States: Remedying statelessness is not a novel process in law. While dealing with a similar situation, in 1994, the United States enacted the Immigration and the Nationality Technical Corrections Act to retroactively grant citizenship to all children born to an alien father and citizen mother.
    • Brazil: Through the Constitutional Amendment No. 54 of 2007 retroactively, Brazil granted citizenship to children under jus sanguinis, which was earlier stripped by an earlier amendment, i.e., Constitutional Amendment No. 3 of 1994.

    Citizenship

    What India can do?

    • Any corrective legislative action by the Government of India to eliminate statelessness should necessarily include retroactive citizenship for Indian origin Tamils.

    Conclusion

    • India has provided the one of largest refuge to people in the world including Tibetan, Sri Lankan, Pakistani, and Bangladeshi. Despite not being a signatory to UN refugee convention. any decision of granting citizenship has to be based on national interest rather than emotional connect.

    Mains Question

    Q. What are rules for granting the citizenship to foreigner in India? What are the hurdles in Tamil Sri Lankan getting their citizenship? How can Sri Lankan Tamil get citizenship by applying the rule of intelligible differentia under article 14?

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  • Social Media: Prospect and Challenges

    The Amendments To The IT Rules, 2021

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: NA

    Mains level: freedom of speech and Issues associated with regulating social media platforms

    IT rulesContext

    • The Ministry of Electronics and IT (MeitY) has notified amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021) on October 28. In June 2022, MeitY had put out a draft of the amendments and solicited feedback from the relevant stakeholders. The draft generated considerable discussion and comment on the regulation of social media in India.

    What are the IT rules 2021?

    • Regulating SMI’s: World over, governments are grappling with the issue of regulating social media intermediaries (SMIs).
    • Addressing the issues of SMI controlling the free speech: Given the multitudinous nature of the problem the centrality of SMIs in shaping public discourse, the impact of their governance on the right to freedom of speech and expression, the magnitude of information they host and the constant technological innovations that impact their governance it is important for governments to update their regulatory framework to face emergent challenges.
    • Placing obligations on SMI: In a bid to keep up with these issues, India in 2021, replaced its decade old regulations on SMIs with the IT Rules, 2021 that were primarily aimed at placing obligations on SMIs to ensure an open, safe and trusted internet.

    IT rules What are the proposed amendments?

    • Draft amendments in June 2022, the stated objectives of the amendments were threefold.
    1. Protecting the constitutional rights: there was a need to ensure that the interests and constitutional rights of netizens are not being contravened by big tech platforms,
    2. Grievance redressal: to strengthen the grievance redressal framework in the Rules,
    3. To avoid the dominance: that compliance with these should not impact early-stage Indian start-ups.
    • This translated into a set of proposed amendments that can be broadly classified into two categories.
    1. Additional obligation on SMI: The first category involved placing additional obligations on the SMIs to ensure better protection of user interests.
    2. Appellate mechanism: The second category involved the institution of an appellate mechanism for grievance redressal.

    IT rules

    What are the additional obligations placed on social media intermediaries?

    • Users need to comply with rules of platforms(intermediaries): The original IT Rules, 2021 obligated the SMIs to merely inform its users of the “rules and regulations, privacy policy and user agreement” that governed its platforms along with the categories of content that users are prohibited from hosting, displaying, sharing etc. on the platform. This obligation on the SMIs has now been extended to ensuring that its users are in compliance with the relevant rules of the platform.
    • Prevent the prohibited content: Further, SMIs are required to “make reasonable” efforts to prevent prohibited content being hosted on its platform by the users.
    • SMIs have to respects rights under constitution: Second, a similar concern arises with the other newly introduced obligation on SMIs to “respect all the rights accorded to the citizens under the Constitution, including in the articles 14, 19 and 21”. Given the importance of SMIs in public discourse and the implications of their actions on the fundamental rights of citizens, the horizontal application of fundamental rights is laudable.
    • Remove the content within 72 hours: SMIs are now obligated to remove information or a communication link in relation to the six prohibited categories of content as and when a complaint arises. They have to remove such information within 72 hours of the complaint being made. Given the virality with which content spreads, this is an important step to contain the spread of the content.
    • Ensuring the accessibility of services: SMIs have been obligated to “take all reasonable measures to ensure accessibility of its services to users along with reasonable expectation of due diligence, privacy and transparency”.
    • Provide content in all scheduled language: In this context, the amendments also mandate that “rules and regulations, privacy policy and user agreement” of the platform should be made available in all languages listed in the eighth schedule of the Constitution.

    IT rulesWhat is the grievance appellate committee (GAC)?

    • Composition of GAC: The government has instituted Grievance Appellate Committees (GAC). The committee is styled as a three-member council out of which one member will be a government officer (holding the post ex officio) while the other two members will be independent representatives.
    • Complaint within 30 days: Users can file a complaint against the order of the grievance officer within 30 days.
    • Online dispute resolution: The GAC is required to adopt an online dispute resolution mechanism which will make it more accessible to the users.

    What are the concerns associated with GAC?

    • Confusion over GAC and High courts: It is unclear whether this is a compulsory tier of appeal or not, that is will the user have to approach the grievance appellate committee before approaching the court. The confusion arises from the fact that the press notes expressly stated that the institution of the GAC would not bar the user from approaching the court directly against the order of the grievance officer. However, the final amendments provide no such indication.
    • Apprehensions about appointment by central government: While this makes the inhouse grievance redressal more accountable and appellate mechanism more accessible to users, appointments being made by the central government could lead to apprehensions of bias in content moderation.
    • GAC doesn’t have enforcement power: Further, the IT Rules, 2021 do not provide any explicit power to the GAC to enforce its orders.
    • Overlapping jurisdiction of courts and appellate: if users can approach both the courts and the GAC parallelly, it could lead to conflicting decisions often undermining the impartiality and merit of one institution or the other.

    Conclusion

    • Across the world, social media regulation is need of an hour. Fake news, protests, riots are fuelled by social media outrage on petty things. However, government should not usurp the unaccountable power of in the name social regulation. Power of government should also be scrutinized by parliamentary committee.

    Mains Question

    Q. How social media can disrupt the law-and-order situation? Social media intermediaries have become the master regulators of free speech. Explain. critically analyze the new draft recommendations of IT rules 2021.

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  • Genetically Modified (GM) crops – cotton, mustards, etc.

    Green Signal to GM Mustard

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: GM Mustard

    Mains level: GM crops, advantages and risks associated with it

    MustardContext

    • The recent clearance by the government for the release of GM Mustard Hybrid DMH 11 based on the recommendations of GEAC under the Ministry of Environment, Forests and Climate Change is a bold decision in the best interest of our farmers and the nation.

    What are Genetically modified organisms (GMO)

    • Changes in genetic material: GMOs can be defined as organisms (i.e., plants, animals or microorganisms) in which the genetic material (DNA) has been altered in a way that does not occur naturally by mating and/or natural recombination
    • Transfers of genes: It allows selected individual genes to be transferred from one organism into another, also between nonrelated species.
    • GM foods: Foods produced from or using GM organisms are often referred to as GM foods
    • GM Mustard: GM mustard crop was introduced, which was later withdrawn. There is a raging debate going on advantages and disadvantages of GMOs. For a long time, further study was requested by farmers, environmentalist on GMO crops.

    MustardAdvantages of GM mustard?

    • Benefits to producers and consumers: GM foods are developed and marketed because there is some perceived advantage either to the producer or consumer of these foods. This is meant to translate into a product with a lower price, greater benefit (in terms of durability or nutritional value) or both. Initially GM seed developers wanted their products to be accepted by producers and have concentrated on innovations that bring direct benefit to farmers (and food industry generally)
    • Improves crop protection: One of the objectives for developing plants based on GM organisms is to improve crop protection.
    • Insect Resistance: Some GMO foods have been modified to make them more resistant to insects and other pests. This means the amount of pesticide chemicals used on the plants are reduced, so their exposure to dangerous pesticides is also reduced
    • Develops stronger Crop: Another benefit that GM technology is believed to bring about is that crops can be engineered to withstand weather extremes and fluctuations, this means that there will be good quality and sufficient yields even under a poor or severe weather condition
    • Provides Environment Protection: GM crops often requires less time, tools and chemicals, and may help with reducing greenhouse gas emissions, soil erosion and environmental pollution
    • More Nutritious Foods: According to the UN Food and Agricultural Organization (FAO), some GM foods have been engineered to become more nutritious in terms of vitamin or mineral content.
    • More economic benefits: Larger production leading to increased farm income, reduced poverty, low food prices and thus reduced hunger and malnutrition. Besides new food products are also included, diversifying food varieties

    What is the risk associated with GMO?

    • Contamination of genes: GMOs contaminate forever. GMOs cross pollinate and their seeds can travel far and wide.
    • Irreversible changes in gene pool: It is impossible to fully clean up our contaminated gene pool.
    • More herbicides in our food: Genetic engineering allows plants to survive high doses of weed killers, resulting in higher herbicide residues in our food.
    • Super weeds and super bugs: GMO crops are creating ‘super weeds’ and ‘super bugs,’ which can only be killed with more toxic poisons.

    MustardWhy there was necessity to grant approval for GM Mustard?

    • To meet our current challenges: Over-exploitation of natural resources (soil, water, biodiversity), declining factor productivity, urgency to achieve sustainable development goals, especially ending poverty and hunger, and addressing timely the adverse effects of climate change the best option is scientific innovations and their scaling.
    • The adoption of GM food crops is in our broader national interest: Genetically modified maize, soybean, cotton, tomato and canola are grown across the world and the area currently under GM crops is about 200 m ha. Besides India, these have been grown for many years in the US, Brazil, Argentina, Canada, Australia, Philippines, Pakistan, Bangladesh, and China.
    • To meet the existing deficit in edible oils: India is currently importing around 13 million tonnes at a cost of Rs 1.17 lakh crore to the exchequer. Interestingly, of this, 2.0-2.5 mt soybean oil and 1.0-1.5 mt canola oil is already GM. Hence, we are consuming GM oil already, besides, the 1.5 mt of GM cotton oil produced domestically.
    • Associated health benefits: It is scientifically proven that the consumption of refined oil does not allow any protein to enter the human system. Thus, the consumption of GM oil is completely safe from a health point of view.
    • High yields to farmers: A major concern of our farmers is that yields of mustard are low and have stagnated for a long time at around 1,260 kg/ha, much lower than the global average of 2,000 kg/ha. Yields of canola in Canada, China and Australia are almost three times higher than in India since they use GM hybrid technology. Mustard is a very important oilseed crop, grown in 6.0 -7.0 million hectares, mostly in Rajasthan, Haryana, Punjab and Madhya Pradesh. Thus, the government’s decision to allow the production of GM Mustard hybrids will go a long way in increasing our yields, while reducing the use of pesticides.

    MustardWhat else needs to be done?

    • Providing enabling environment: The Department of Agriculture (DoA) and ICAR need to move forward fast and provide an enabling environment to test the available seed of Hybrid DMH 11 in the current rabi season.
    • Encourage public-private partnership: This needs to happen on several farmers’ fields in the mustard belt. It must also encourage public-private partnerships to produce quality seeds to cover more area next year.
    • Encouraging further innovation: Also, scientists at ICAR institutes must be encouraged to develop new GM Mustard hybrids on a mission mode. Allowing the production of GM Soybean and GM Maize going forward will also be a positive step, increasing both the productivity and profitability of these crops and doubling farmers’ income.

    Conclusion

    • The decision to remove the unscientific ban on GM crops reflects the determination of the government to move towards Atmanirbhar Bharat. It also meets the aspirations of our scientific community and farmers can derive the benefits of innovative technology.

    Mains Question

    Q. How GM mustard crop are different from conventional crops? What are the benefits and risks of adopting the GM mustard crop?

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  • Women Safety Issues – Marital Rape, Domestic Violence, Swadhar, Nirbhaya Fund, etc.

    Are there anti-superstition laws in India?

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: NA

    Mains level: prevalence of superstitions, associated problems and preventive laws

    superstition

    Context

    • The brutal murders of two women as part of “ritualistic human sacrifices” in the Pathanamthitta district of Kerala have left the country in shock. Chilling details of the killings have sparked a debate about the prevalence of superstitious beliefs, black magic and sorcery in Kerala. In the absence of a comprehensive law to counter such acts, the call for a strict anti-superstition law has grown louder.

    superstition

    What is Superstition?

    • Superstition is an irrational belief usually founded on ignorance or fear and characterized by obsessive reverence for omens, charms etc. It is a notion, act or ritual that derives from such belief.

    What is Witchcraft?

    • Black magic is also known as Witchcraft is usage of supernatural power for evil and selfish purposes and to perform malicious practices to destroy someone physically or mentally or financially.
    • Black magic makes humans victims of baseless fears, reverses fortunes and confusions.

    superstition

    What is the status of such killings in India?

    • As per the 2021 report of the National Crime Records Bureau (NCRB), six deaths were linked to human sacrifices, while witchcraft was the motive for 68 killings.
    • In 2020, India saw 88 deaths due to witchcraft and 11 died as part of human sacrifices.
    • The maximum number of witchcraft cases were reported from Chhattisgarh (20), followed by Madhya Pradesh (18) and Telangana (11). Kerala saw two cases of human sacrifice, the NCRB report states.

    What are the laws over superstition in India?

    • No central law: In India, there is no central law that exclusively deals with crimes related to witchcraft, superstition, or occult-inspired activities. In the absence of a nationwide legislation, a few States have enacted laws to counter witchcraft and protect women from deadly ‘witch-hunting’.

    superstition

    Anti-superstition Laws enacted by the states

    • Bihar: Bihar was the first State to enact a law to prevent witchcraft, identification of a woman as a witch and “eliminate torture, humiliation and killing of women.” The Prevention of Witch (Daain) Practices Act came into force in October 1999. Anyone who identifies a person as a “witch” and acts to aid this identification can face a jail term of up to three months, or a fine of ₹1,000, or both.
    • Jharkhand: A similar law was passed in Jharkhand in 2001 the Prevention of Witch (Daain) Practices Act.
    • Chhattisgarh: Even though Chhattisgarh is one of the worst-affected States in terms of witchcraft-related crimes, the State enacted the Chhattisgarh Tonahi (witch) Pratadna Nivaran Act only in 2005. As per the law, a person convicted for identifying someone as a witch can be sentenced to up to three years of rigorous imprisonment with a fine
    • Odisha: Following the directions of the Odisha High Court to frame a law to deal with rising cases of witch-hunting in the State, the Odisha Prevention of Witch-Hunting Bill was passed by the Assembly in 2013. The bill provides penalties for a witch doctor, or a person claiming to be a black magician
    • Maharashtra: In Maharashtra, the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013 was passed after the murder of anti-superstition activist Dr. Narendra Dabholkar.
    • Rajasthan: The state of Rajasthan enacted the Rajasthan Prevention of Witch-Hunting Act in 2015 to “provide for effective measures to tackle the menace of witch-hunting and prevent the practice of witchcraft.
    • Assam: The Assam Witch Hunting (Prohibition, Prevention and Protection) Act, 2015, which received the President’s assent in 2018, prohibits witch hunting completely. The law states, no person shall identify, call, stigmatize, defame or accuse any other person as witch by words, or by signs or indications or by conducts or actions or any other manner or instigate, aid or abet such an act or commit witch hunting.
    • Karnataka: The latest law was passed in Karnataka where the Karnataka Prevention and Eradication of Inhuman Evil Practices and Black Magic Act, 2017 came into effect in January 2020. The law bans several practices related to black magic and superstition, like forcing a person to walk on fire at religious festivals and the practice of piercing rods from one side of the jaw to the other.

    Conclusion

    • States governments are doing their best to criminalize the rituals of human sacrifices by enacting stringent laws. There is need to have a concrete nationwide anti-superstition law and as a society every individual should be made a stakeholder in awareness against human sacrifices based on witchcraft and rituals.

    Mains Question

    Q. What is Superstition? Are there any anti-superstition laws in India that criminalizes the rituals such as human sacrifices and witch-hunting? Discuss.

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  • President’s Rule

    The case of “Governor’s pleasure”

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Constitutional provisions related to the Governor

    Mains level: Issues related to office of governor

    pleasure

    Context

    • A tweet put out recently by the office of the Kerala Governor evoked nationwide attention for all the wrong reasons. It said: “the statements of individual Ministers that lower the dignity of the office of the Governor can invite action including withdrawal of pleasure”. the Governor sent a letter to the Kerala CM asking him to act against the State Finance Minister, who, according to the Governor, had “ceased to enjoy” the Governor’s “pleasure”. The Chief Minister declined to do so.

    Who is a Governor?

    • Parallel to President: The Governors of the states of India have similar powers and functions at the state level as those of the President of India at the Central level.
    • Nominal head: The governor acts as the nominal head whereas the real power lies with the Chief Ministers of the states and her/his councils of ministers.
    • Similar offices: Governors exist in the states while Lieutenant Governors or Administrators exist in union territories including National Capital Territory of Delhi.
    • Non-local appointees: Few or no governors are local to the state that they are appointed to govern.

    Important Constitutional Provisions related to Governor

    • Article 153: It requires a governor to be appointed for every state in India.
    • Article 154: Vests the executive power of the State in the Governor
    • Article 155: Appointment of the Governor
    • Article 156: Term of Office of Governor
    • Article 157: Qualifications for appointment as Governor

    Executive functions of Governor include

    • An important function of the Governor is to appoint the Chief Minister of the State.
    • Other ministers are also appointed by the Governor on the advice of the Chief Minister.
    • The ministers including the Chief Minister hold office during the pleasure of the Governor.
    • The Governor has the constitutional right to know the decisions of the Council of Ministers relating to the administrative affairs of the State and the proposals for legislation.

    What are the contradictory issues with Governor’s office?

    • Bound by the principle: The function of the appointed Governor is always subject to the policies of the elected government, and not vice-versa. This is a foundational theory of India’s constitutional democracy.
    • Contradictory Aid and advise and Discretion: Article 163(1) says that the Council of Ministers must aid and advise the Governor. However, according to Article 163(2), the Governor can act in his discretion in certain matters as permitted by the Constitution
    • Discretion still bounds by cabinet decision: Governor is generally bound by the Cabinet decision except when he has a legitimate right to invoke his discretion, say, for example, in deciding on sanction to prosecute a cabinet minister or in his decisions as Administrator of a Union Territory, as per the orders of the President of India, etc.
    • Apparatus of interaction: There are no provisions laid down for the manner in which the Governor and the state must engage publicly when there is a difference of opinion. The management of differences has traditionally been guided by respect for each other’s boundaries.

    Pleasure

    Issues of “Pleasure” of Governor

    • Constitution Bench judgment of Supreme court in Shamsher Singh vs State of Punjab (1974) case:
    • In Shamsher Singh, for the purpose of comparison, the Supreme Court extracted Dr. B.R. Ambedkar’s introductory statement made on November 4, 1948, in the Constituent Assembly, which said: “The President of the United States is not bound to accept any advice tendered to him by any of his secretaries. The President of the Indian Union will be generally bound by the advice of his Ministers. He can do nothing contrary to their advice nor can he do anything without their advice. The President of the United States can dismiss any Secretary at any time. The President of the Indian Union has no power to do so, so long as his Ministers command a majority in Parliament”.
    • The same principles apply to the Governors as well, since the Union Minister also holds the office “during the pleasure of the President” as in Article 75(2) of the Constitution.
    • “Withdrawal of pleasure”, without advice from the Council of Ministers, as indicated by Raj Bhavan is a misconception.
    • Historical background of Article 264:
    • The draft Constitution, prepared by the Constitutional Adviser in October 1947, contained Article 126, according to which, “Governor’s Ministers shall be chosen and summoned by (the Governor) and shall hold office during his pleasure”.
    • This Article, which was made part of the draft of the erstwhile Article 144, was discussed at length in the Constituent Assembly.
    • The general discretion with the Governor was taken away, and the Cabinet was given the authority to rule. Amendment to the draft Article 144 moved by B.R. Ambedkar resulted in the present constitutional scheme of Articles 163 and 164.
    • According to the Scholar Subhash C. Kashyap:
    • The words ‘during pleasure’ were, always understood to mean that the ‘pleasure’ should not continue when the Ministry had lost the confidence of the majority.
    • the moment the Ministry lost the confidence of the majority, the Governor would use his ‘pleasure’ in dismissing it.

    Conclusion

    • During the deliberations in Constituent Assembly Debates,1949, H.V. Kamath asked if there was any guarantee against abuse of power by the Governor. The immediate reaction by P.S. Deshmukh, another prominent member was: “the guarantee is the Governor’s wisdom and the wisdom of the authority that will appoint the Governor”

    Mains Question

    Q. What is the role of Rajbhavans in the state government’s day to day business. Analyze the constitutional mandate of the governor’s pleasure and accountability of ministers.

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