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Type: op-ed snap

  • RTI – CIC, RTI Backlog, etc.

    PM-CARES

    op-ed snap | Governance | Mains Paper 2: Governance, Transparency & Accountability, Citizens Charters

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Various funds mentioned in the newscard

    Mains level: Right to Information Act and its limitations

    We all know that the Prime Minister’s Citizen Assistance and Relief in Emergency Situations (PM CARES) Fund doesn’t come under the ambit of Right to Information (RTI). This oped seeks to discuss certain aspects of this issue.

    Present context

    • In a recent affidavit, the Delhi High Court was informed that the PM CARES Fund is not a Government of India fund and that the amount collected by it does not go to the Consolidated Fund of India is strange.
    • This petition is seeking the PM-CARES fund to be declared as the “State” under Article 12 of the Constitution.

    Intriguing facts about PM-CARES fund

    • PM CARES has been created not by law, not by notification, but by the mere creation of a webpage, and set up last year in March to raise funds for those affected by the COVID-19 pandemic.
    • The page lists its structure, functions and duties in an arbitrary manner. The official appeals for funds are made under the national emblem.
    • The most significant lie of this sworn statement is that the Government has no control over the Fund.

    What is the case?

    • The PM-CARES Fund was not subject to CAG audit since the Supreme Court regarded it as a public charitable trust.
    • It is not under public scrutiny. Also contributions to it were 100% tax-free.
    • It is accused that there was statutory fund already in existence under the Disaster Management Act of 2005 to receive contributions to finance the fight against a calamity.

    What is RTI?

    • RTI is an act of the parliament which sets out the rules and procedures regarding citizens’ right to information.
    • It replaced the former Freedom of Information Act, 2002.
    • Under the provisions of RTI Act, any citizen of India may request information from a “public authority” (a body of Government or “instrumentality of State”) which is required to reply expeditiously or within 30.
    • In case of the matter involving a petitioner’s life and liberty, the information has to be provided within 48 hours.

    About PM CARES Fund

    • The PM CARES Fund was created on 28 March 2020 following the COVID-19 pandemic in India.
    • The fund will be used for combat, containment and relief efforts against the coronavirus outbreak and similar pandemic like situations in the future.
    • The PM is the chairman of the trust. Members will include the defence, home and finance ministers.
    • The fund will also enable micro-donations. The minimum donation accepted is ₹10 (14¢ US).

    The other funds

    (1) National Disaster Response Fund (NDRF)

    • The statutorily constituted NDRF was established under the Disaster Management (DM) Act of 2005.
    • The NDRF is mandated to be accountable, and answerable under the RTI Act, being a public authority, and auditable by the Comptroller and Auditor General of India.

    (2) Disaster Response Fund

    • The DM Act also provided for a Disaster Response Fund — state and district level funds (besides the national level).
    • It also collects and uses the donations at the local level, with mandatory transparency and audit provisions.

    (3) Prime Minister’s National Relief Fund

    • There is the PMNRF operative since the days of Jawaharlal Nehru. It was established with public contributions to assist displaced persons from Pakistan.
    • The resources are now utilised primarily to render immediate relief to families of those killed in natural calamities and to the victims of the major accidents and riots.
    • However, it has the President of India and the Leader of Opposition also as trustees.

    Issues over PM-CARES Fund

    • No defined purpose: It is deliberately ignored while a new, controversial, unanswerable, and ‘non-accountable vehicle is created; its character is not spelt out till today.
    • Non-accountable: The government seems to consider statutory provisions for enquiry and information seeking to be embarrassing obstacles.
    • Centralization of donations: It centralises the collection of donations and its utility, which is not only against the federal character but also practically inconvenient. The issue is seeming, the trusteeship of the fund.

    Questions and gaps

    • Law/statute: The PM CARES Fund was neither created by the Constitution of India nor by any statute.
    • Authority: If that is the case, under what authority does it use the designation of the Prime Minister, designated symbols of the nation, the tricolour and the official (gov.in) website of the PMO, and grant tax concessions through an ordinance.
    • Collection and dispensation: The amount received by the Fund does not go to the Consolidated Fund of India. If it goes to the CFI, it could have been audited by the CAG.
    • Uncontrolled: The This Trust is neither intended to be or is in fact owned, controlled or substantially financed by any instrumentality of the any govt even being chaired by the PM.

    Issue over tax benefits

    • Income tax: An ordinance was promulgated to amend Income Tax Act, 1961 and declare that the donations to the PM CARES Fund “would qualify for 80G benefits for 100% exemption”.
    • CSR Funds: It will also qualify to be counted as Corporate Social Responsibility (CSR) expenditure under the Companies Act, 2013.
    • Foreign donations: It has also got exemption under the FCRA [Foreign Contribution Regulation Act] and a separate account for receiving foreign donations has been opened.

    What can be inferred from all these?

    • The Centre now considers it as another obstacle and has created a new trust with the Prime Minister and his Ministers only.
    • The manner in which the PM CARES Fund was set up — with its acronym created to publicise the point that the PM cares for people — shows a bypassing of the statutory obligations of a public authority.

    Query and response: Again ironical

    • After initial denials, the Government has conceded it to be a public charitable trust, but still maintains that it is not a ‘public authority’.
    • The point is that the PMO operates the Fund, but says it cannot supply any information about the PM CARES Fund because it is not a public authority.

    Severe interpretations: Is it an Office of Profit?

    • If the PM CARES Fund is unconnected with the Government, then the Fund could become an office of profit.
    • And that could disqualify him and the three Ministers from holding those constitutional offices.

    Conclusion

    • In order to uphold transparency, the PM CARES Fund should be declared as a Public Authority under the RTI Act, and all RTI queries answered truthfully.
    • The fund should be designated as a “public authority” under Section 2(h) of the RTI Act.

     

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  • Foreign Policy Watch: India-United States

    Four geopolitical developments and a window of opportunity for India

    op-ed snap | International Relations | Mains Paper 2: Bilateral, Regional and Global Groupings and agreements involving India

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Not much

    Mains level: Read the attached story

    A number of important developments has taken place over the past several weeks. They may appear disconnected but in fact add up to a significant shift in regional and global geopolitics.

    Four major recent developments

    1. Withdrawal of US and NATO forces from Afghanistan: The complete takeover of the country by the Taliban
    2. Significant domestic political changes in China: The ideological and regulatory assault against its dynamic private high-tech companies and now its real estate companies
    3. Announcement of the Australia-UK and US (AUKUS): It represents a major departure in US strategy by its commitment to enable Australia to join a handful of countries with nuclear submarines
    4. Convening of the Quad physical summit in Washington: A major step towards its formalisation as an influential grouping in the Indo-Pacific going beyond security

    Risks and opportunity for India

    These four developments, taken together, present India with both risks but also with opportunities.  In affirmation, one can conclude that the opportunities outweigh the risks.

    [A] Risks in Afghanistan

    • The Afghan situation is a setback for India in the short run.
    • The political capital and economic presence it had built up in the country over the past two decades has been substantially eroded.
    • The Taliban government is dominated by more hard-line and pro-Pakistani elements.
    • They will help deliver on the Pakistani agenda of preventing a revival of Indian diplomatic presence and developmental activity in Afghanistan.

    Future of Taliban

    • In the longer run, it seems unlikely that the Taliban will give up its obscurantist and extremist agenda.
    • This may lead to domestic inter-ethnic and sectarian conflict.
    • The unwillingness of the Taliban to cut its links with various jihadi groups, including those targeting Afghanistan’s neighbours, may revive regional and international fears over cross-border terrorism.

    How should India defer the Taliban?

    • India’s response should be to bide its time, strengthen its defences against an uptick in cross-border terrorism.
    • India can keep its faith with the ordinary people of Afghanistan, provide shelter to those who have sought refuge.
    • It can join in any international effort to deliver humanitarian assistance to the people of Afghanistan.

    [B] Domestic political change in China

    • This is taking an ideological and populist direction.
    • The country’s vibrant private sector is being reined in while the State-Owned Enterprises (SOE) are back in a central role.
    • After the tech sector, it is the large real estate sector that is facing regulatory assault.

    Concerns for investors

    • This is leading to deepening concern among foreign investors, including those who have long been champions of long-term engagement with China.

    Opportunities for India

    • It is not coincidental that while in NYC, our PM had meetings with the CEOs of Blackstone and Qualcomm, both of which are heavily invested in China but are reconsidering their exposure there.
    • If India plays its cards well, this time round there could be significant capital and technology flows from the US, Japan and Europe diverted towards India because it offers scale comparable to China.
    • Since India has benign partnerships with the US, Japan and Europe, there are no political constraints on such flows.

    [C] AUKUS and QUAD

    • The AUKUS and progress made by the Quad serve to raise the level of deterrence against China.
    • It is useful since it has now become the core of the US’s Indo-Pacific strategy. China will be more focused on its activities.
    • The Quad now represents, from the Chinese perspective, a second order threat.

    Underlying opportunities

    • This offensive against China suits us since we are not ready to embrace a full-fledged military alliance which will constrain our room for manoeuvre.

    Why should India gauge these opportunities?

    • China has given up the expectation that it could unify Taiwan through peaceful and political means, including through closer economic integration.
    • It has lost its credibility after the recent crackdown on civil liberties in Hong Kong.
    • China may advance its forcible takeover of Taiwan before the AUKUS gets consolidated.
    • The nuclear submarines for Australia may not be built and deployed for several years.
    • We may, therefore, be entering a period of enhanced uncertainty and danger in the Indo-Pacific.

    India’s area for introspection

    • The constraints are policy unpredictability, regulatory rigidities and bureaucratic red tape in India.
    • Some of these issues are being addressed, such as dropping of retrospective taxation.
    • But there is still a long way to go.

    Way forward

    All these developments has heightened risk perception among international business and industry who have hitherto seen China as a huge commercial opportunity.

    • For India, some bold initiatives are required to take advantage of the window of opportunity that has opened.
    • It is a narrow window with a very short shelf life.
    • If grasped with both hands, then it could deliver double-digit growth for India for the next two or three decades.
    • This will shrink the asymmetry of power with China and expand India’s diplomatic options.

    Conclusion

    • India should not be caught off guard. Failure of deterrence in the Indo-Pacific will have consequences beyond the region and change the geopolitical context for India.
    • For now, let us focus on what we can do to advance India’s economic prospects, for which the times are unexpectedly more propitious.

     

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  • Agricultural Sector and Marketing Reforms – eNAM, Model APMC Act, Eco Survey Reco, etc.

    PM-KUSUM

    op-ed snap | Agriculture | Mains Paper 3: Agriculture and related issues

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: PM-KUSUM

    Mains level: Paper 3- Revitalising PM-KUSUM

    Context

    The Union Minister of Power, New and Renewable Energy recently reviewed the progress of the PM-KUSUM scheme and reaffirmed the government’s commitment to accelerating solar pump adoption.

    Background

    • It was launched in 2019.
    • PM-KUSUM aims to help farmers access reliable day-time solar power for irrigation, reduce power subsidies, and decarbonise agriculture.
    • PM-KUSUM provides farmers with incentives to install solar power pumps and plants in their fields.
    • Three deployment models: Pumps come in three models: off-grid solar pumps solarised agricultural feeders, or grid-connected pumps.
    • Off-grid pumps have been the most popular, but the nearly 2,80,000 systems deployed fall far short of the scheme’s target of two million by 2022.
    • The other two models are also worth scaling up for they allow farmers to earn additional income by selling solar power to discoms, and discoms to procure cheap power close to centres of consumption.

    Challenges

    • Awareness challenge: Barriers to adoption include limited awareness about solar pumps.
    • Upfront contribution: The other barrier includes farmers’ inability to pay their upfront contribution.
    • Limited progress on two models: Progress on the other two models has been rather poor due to regulatory, financial, operational and technical challenges.

    Suggestions

    • Extend the scheme’s timelines: Most Indian discoms have a surplus of contracted generation capacity and are wary of procuring more power in the short term.
    • Extending PM-KUSUM’s timelines beyond 2022 would allow discoms to align the scheme with their power purchase planning.
    • Level playing field: Discoms often find utility-scale solar cheaper than distributed solar (under the scheme) due to the latter’s higher costs and the loss of locational advantage due to waived inter-State transmission system (ISTS) charges.
    • To tackle the bias against distributed solar, we need to address counter-party risks and grid-unavailability risks at distribution substations, standardise tariff determination to reflect the higher costs of distributed power plants, and do away with the waiver of ISTS charges for solar plants.
    • Streamline regulation: We need to streamline land regulations through inter-departmental coordination.
    •  States should constitute steering committees comprising members from all relevant departments for this purpose.
    • Financing farmers contribution:  There is a need to support innovative solutions for financing farmers’ contributions.
    • Many farmers struggle to pay 30-40% of upfront costs in compliance with scheme requirements.
    • To ease the financial burden on farmers, we need out-of-the-box solutions.
    • Grid-connected solar pumps: Current obstacles to their adoption include concerns about their economic viability in the presence of high farm subsidies and farmers’ potential unwillingness to feed in surplus power when selling water or irrigating extra land are more attractive prospects.
    • Further, the grid-connected model requires pumps to be metered and billed for accounting purposes but suffers from a lack of trust between farmers and discoms.
    • Adopting solutions like smart meters and smart transformers and engaging with farmers can build trust and address some operational challenges.

    Conclusion

    These measures, combined with other agriculture schemes and complemented by intensive awareness campaigns, could give a much-needed boost to PM-KUSUM.

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  • Foreign Policy Watch: India-Nepal

    Flood management that cannot be watered down

    op-ed snap | International Relations | Mains Paper 2: India & Its Neighborhood – Relations

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Rivers mentioned

    Mains level: Floods in Bihar

    Over the years, many of Bihar’s districts have been facing serious challenges with recurrent and massive flooding.  It is the right time to look at some of the key aspects of India-Nepal flood management.

    Simultaneous floods in Bihar and Nepal

    • Some of Nepal’s biggest river systems originate in the Himalayan glaciers which then flow into India through Bihar.
    • During the monsoons, these river systems flood causing many problems for Bihar.
    • It is a necessity that there is process-driven coordination between the Centre and the Government of Bihar to handle the flooding in Nepal’s Terai and North Bihar (largely the Mithilanchal region).

    Which are those flooding rivers?

    • Nepal’s three biggest river systems—Kosi, Gandaki and Karnali—originate in the high mountain glaciers, flow through the country and then enter India through the state of Bihar.
    • During the monsoon season, these river systems often get flooded due to heavy rains/landslides in Nepal which create floods in India’s most flood prone state—Bihar.

    Bihar’s vulnerability

    • The history of floods in Bihar from 1998 to 2012 reveals how strong discharges of water due to heavy rains in the catchment areas of Nepal have created a strong pressure on the river embankments in India.
    • About 76 per cent of the population living in northern Bihar live under threat of floods due to these river systems and a total of 73.06 per cent of the total geographical area of Bihar is flood affected (mostly during the monsoon).

    Measures: Joint flood management program

    • As part of the long-term measures to address the problem of massive and recurrent floods in Bihar, the Joint Project Office (JPO), Biratnagar, was established in Nepal in August 2004.
    • It aimed to prepare a detailed project report to construct a high dam on the Nepal side (on the Kosi, Kamla and Bagmati rivers).

    Flaws: Yet to get effect

    • Despite the best efforts made by the Government of Bihar, the task remains unaccomplished even after 17 years.
    • The Government of Bihar has raised the matter at regular intervals for this.

    Who is the obstructionist? : Fault lies with Nepal

    • The Central Water Commission (CWC) has convened several meetings with Nepali Authorities.
    • However, what is evident is Nepal’s lack of prompt reciprocation.
    • India has long-standing water sharing issues with Nepal.

    What has been done so far?

    • As in the figures shared by Bihar, a total of four new flood protection works in the Gandak basin area were proposed before the floods of 2020.
    • There were proposed Barrage structures located in the border districts.

    Nepal’s reluctance

    • However, Nepal argues that many of the bund area falls into no man’s land along the open international border.
    • This is notwithstanding the fact that the embankment was built by India 30 years ago and there has not been any dispute regarding its maintenance all these years.

    What does this signify?

    • There is a need for India-Nepal collaboration for an efficiently operated barrage.
    • It is evident that Nepal’s attitude towards mutual issues (water sharing, flood control, etc.) has been short of collaboration, unlike in the past.

    Way forward

    • In the best spirit of friendship, Nepal and India should restart the water dialogue and come up with policies to safeguard the interests of all those who have been affected on both sides of the border.
    • It is time the two friendly countries come together and assess the factors that are causing unimaginable losses through flooding every year.
    • Optimisation of the infrastructure will be decisive in finding an alternative paradigm of flood management.
    • By controlling the flooding and using the water resources for common developmental uses such as hydroelectricity, irrigation and waterways, India-Nepal relations can be strengthened even further.
    • Moreover, it is also linked to how the Himalayan glaciers and the green cover are managed.

    Conclusion

    • Water resources are priceless assets.
    • Water cooperation should drive the next big India-Nepal dialogue, and despite the challenges, wisdom should prevail to turn the crisis into an opportunity, for the sake of development and environmental protection.

     

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  • Minority Issues – SC, ST, Dalits, OBC, Reservations, etc.

    Complex count: On caste census

    op-ed snap | Indian Society | Mains Paper 1: Salient features of Indian Society

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Caste Census, Census of India

    Mains level: Alternatives to Caste Census

    These days, many states are urging the Centre to include a caste-wise census in the Census of India to have substantial data for reservations of certain dominant caste groups.

    Background

    Caste census of Backward Classes difficult: Centre

    Reaction by the Centre

    • In this backdrop, the Union government’s assertion in the Supreme Court that a census of the backward castes is “administratively difficult and cumbersome” may evoke varying responses.
    • There are two components to the Government’s stand:
    1. Jeopardizing the Census: It asserts that it is a policy decision not to have caste as part of the regular census and that, administratively, the enumeration would be rendered so complex that it may jeopardise the decennial census itself.
    2. Adding more vagueness: It cites the difficulties and complexities inherent in getting an accurate count of castes, given the mind-boggling numbers of castes and sub-castes, with phonetic variations and similarities.

    This is the reason that the data from the 2011 SECC were not acted upon because of “several infirmities” that rendered them unusable.

    Why is caste census not feasible?

    • Hurdle to casteless society: The idea of a national caste census is abhorrent when the stated policy is to strive for a casteless society.
    • Political polarization: Political parties with their base in particular social groups may find a caste enumeration useful, if their favoured groups are established as dominant in specific geographies.
    • Electoral impact: Politicians may find the outcome inconvenient, if the precise count turns out to be lower and has a negative bearing on perceptions about their electoral importance.

    Limitations of SECC, 2011

    • Completeness and Accuracy: Even in the Censuses up to 1931, when caste details were collected, they were wanting in completeness and accuracy.
    • Lakhs of Caste: Further, the data contained 46 lakh different caste names, and if subcastes were considered, the ultimate number may be exponentially high.

    Need for such census

    • Quantifiable data: It may also be a legal imperative, considering that courts want ‘quantifiable data’ to support the existing levels of reservation.
    • Basis for Affirmative actions: It will be useful to establish statistical justification for preserving caste-based affirmative action programmes.

    These points do merit consideration, and even those clamouring for a caste census cannot easily brush them aside.

    Way forward

    • A caste census need not necessarily mean caste in the census.
    • It may be an independent exercise, but one that needs adequate thought and preparation, if its ultimate goal is not for political or electoral purposes, but for equity in distribution of opportunities.
    • A preliminary socio-anthropological study can be done at the State and district levels to establish all sects and sub-castes present in the population.
    • These can be tabulated under caste names that have wider recognition based on synonymity and equivalence among the appellations that people use to denote themselves.
    • Thereafter, it may be possible to do a field enumeration that can mark any group under castes found in the available OBC/BC lists.

    Conclusion

    • A caste census may not sit well with the goal of a casteless society, but it may serve, in the interim, as a useful, even if not entirely flawless, means of addressing inequities in society.

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

    A climate change narrative that India can steer

    op-ed snap | Enviro & Biodiversity | Mains Paper 1: Important Geophysical Phenomena

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: COP 26, Paris Agreement

    Mains level: India's committment for Paris Agreement

    A recent report by the Ministry of Earth Sciences (MoES) reveals that India has warmed up 0.7° C during 1901-2018.

    What was the report?

    Title: Assessment of Climate Change over the Indian Region (by MoES)

    (a) Climate severity

    • The 2010-2019 decade was the hottest with a mean temperature of 0.36° C higher than average.
    • Heatwaves continued to increase with no signs of diminishing greenhouse gas emissions despite lower activity since the novel coronavirus pandemic.
    • India may experience a 4.4° C rise by the end of this century.
    • Within 2050, rainfall is expected to rise by 6% and temperature by 1.6° C.
    • India’s Deccan plateau has seen eight out of 17 severe droughts since 1876 in the 21st century (2000-2003; 2015-2018).

    (b) Land degradation

    • To make things worse, India lost about 235 square kilometres to coastal erosion due to climate change-induced sea-level rise, land erosion and natural disasters such as tropical cyclones between 1990-2016.

    (c) Rising Internal Displacement

    • According to the Internal Displacement Monitoring Centre, India’s Internally Displaced Populations (IDPs) are rising due to damaging climate events.
    • Uttarakhand residents began deserting their homes after the Kedarnath floods in 2013 due to heavy precipitation that increases every year.
    • Recent figures are more alarming with 3.9 million displaced in 2020 alone, mostly due to Cyclone Amphan.

    India’s commitment to Climate Mitigation

    • India held the top 10 position for the second year in a row in 2020’s Climate Change Performance Index (CCPI).
    • The country received credit under all of the CCPI’s performance fields except renewable energy where India performed medium.
    • India vowed to work with COP21 by signing the Paris Agreement to limit global warming and submitted the Nationally Determined Contributions (NDCs).
    • It set a goal of reducing emissions intensity of GDP by 33%-35% and increasing green energy resources (non-fossil-oil based) to 40% of installed electric power capacity by 2030.
    • India cofounded with France at COP21, in 2015, the International Solar Alliance (ISA).

    Core concern

    (a) Good policies, weak practices

    • The question is, are these global alliances and world-leading policies being practised or are merely big promises with little implementation?
    • Despite leading ISA, India performed the least in renewable energy according to the CCPI’s performance of India.

    (b) Low compliance

    • India is not fully compliant with the Paris Agreement’s long-term temperature goal of the NDCs and there are still risks of falling short of the 2° C goal.
    • According to India’s carbon emission trajectory, the country is en route to achieve barely half of the pledged carbon sink by 2030.
    • To achieve the Paris Agreement’s NDC target, India needs to produce 25 million-30 million hectares of forest cover by 2030 — a third of current Indian forestation and trees.
    • Going by the facts, it seems India has overpromised on policies and goals as it becomes difficult to deliver on the same.

    Why COP26 matters

    • The Glasgow COP26 offers India a great opportunity to reflect on the years since the Paris Agreement and update NDCs to successfully meet the set targets.
    • India is expected to be the most populated country by 2027, overtaking China, contributing significantly to the global climate through its consumption pattern.
    • India is in a rather unique position to have a significant influence on global climate impact in the new decade.

    Conclusion

    • India believes that climate actions must be nationally determined.
    • However, the Paris Agreement for developing countries should be at the core of decision-making.
    • India has the ability to improve its global positioning by leading a favourable climate goal aspiration for the world to follow.
    • The country has the opportunity to not only save itself from further climate disasters but also be a leader in the path to climate change prevention.

    Back2Basics: COP26, Glasgow

    • The 2021 United Nations Climate Change Conference, also known as COP26, is the 26th United Nations Climate Change conference.
    • It is scheduled to be held in the city of Glasgow, Scotland between 31 October and 12 November 2021, under the presidency of the United Kingdom.
    • This conference is the first time that Parties are expected to commit to enhanced ambition since COP21.
    • Parties are required to carry out every five years, as outlined in the Paris Agreement, a process colloquially known as the ‘ratchet mechanism’.

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  • Judicial Appointments Conundrum Post-NJAC Verdict

    Judicial selection needs more than a tweak

    op-ed snap | Polity | Mains Paper 2: Executive & Judiciary

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Collegium system, NJAC

    Mains level: Transparency issues is Judicial Appointments

    In recent weeks, the Supreme Court of India’s collegium has been busy. New judges have been appointed to the Court on its advice and long overdue vacancies have been filled up.

    Read this before proceeding:

    Collegium recommends nine judges for Supreme Court

    What is the matter of concern?

    Ans. Transparency in appointments

    • These recommendations are seen as reflective of a new and proactive collegium.
    • What ought to concern us, though, is that long-standing apprehensions about the collegium’s operation remain unaddressed: specifically, its opacity and a lack of independent scrutiny of its decisions.
    • These misgivings are usually seen in the context of a battle between the executive and the judiciary.
    • Less evident is the effect that the failings have on the status of the High Courts.
    • Today, even without express constitutional sanction, the collegium effectively exercises a power of supervision over each of the High Courts.

    No specified reasons for Exclusion

    • For nearly two years, despite vacancies on the Bench, the collegium made no recommendations for appointments to the Supreme Court.
    • The conjecture in the press was that this logjam owed to a reluctance amongst some of its members to elevate Justice Akil Kureshi to the Court.
    • Indeed, it was only after a change in its composition that the panel recommended on August 17 a list of names for elevation. This list did not contain Justice Kureshi’s name.
    • The perfunctory nature of the collegium’s resolutions means that we do not know the reasons for his exclusion.
    • We also do not know why five Chief Justices, including Justice Kureshi, and several other puisne judges are now being transferred to different courts.

    The public has right to know

    • This is not to suggest that these decisions are unfounded. It is possible that each of the choices made is predicated on administrative needs.
    • But whatever the rationale, surely the public has a right to know.

    What is needed?

    Ans. Striking a balance in Separation of Power

    • Separation of powers is a bedrock principle of Indian constitutionalism. Inherent in that idea is the guarantee of an autonomous judiciary.
    • To that end, the process of appointing and transferring judges assumes salience.
    • But the question of how to strike a balance between the sovereign function of making appointments and the need to ensure an independent judiciary has long plagued the republic.

    As suggested by Dr. Ambedkar

    • The Constitution’s framers wrestled over the question for many days. Ultimately, they adopted what Dr. B.R. Ambedkar described as a “middle course”.
    • That path stipulates the following: Judges to the Supreme Court are to be appointed by the President of India in consultation with the Chief Justice of India (CJI) and such other judges that he deems fit.
    • Judges to the High Courts are to be appointed by the President in consultation with the CJI, the Governor of the State and the Chief Justice of that court.
    • In the case of transfers, the President may move a judge from one High Court to another, after consulting the CJI.

    Where does primacy rest?

    Ans. In a transparent Collegium system

    • In this design, there is no mention of a “collegium”.
    • But since 1993, when the Supreme Court rendered a ruling in the Second Judges Case, the word consultation has been interpreted to mean “concurrence”.
    • What is more, that concurrence, the Court held there, ought to be secured not from the CJI alone, but from a body of judges that the judgment described as a “collegium”.
    • Thus, the Court wound up creating a whole new process for making appointments and transfers and carved out a system where notional primacy came to rest in the top echelons of the judiciary.

    This procedure has since been clarified.  But there is, in fact, no actual guidance on how judges are to be selected.

    The NJAC and after

    • In 2015, Parliament sought to undo the procedures put in place by the Court through the 99th Constitutional Amendment.
    • The National Judicial Appointments Commission (NJAC), that the law created, comprised members from the judiciary, the executive, and the lay-public.
    • But the Court scrapped the efforts to replace the collegium and it held in the Fourth Judges Case that judicial primacy in making appointments and transfers was an essential feature of the Constitution.
    • In other words, the Court held that a body that found no mention in the actual text of the Constitution had assumed a position so sacrosanct that it could not be touched even by a constitutional amendment.

    Assessing the NJAC

    Ans. The NJAC was far from perfect

    • There were legitimate fears that the commission might have resulted in the appointment of malleable judges.
    • Therefore, it is plausible to argue that until a proper alternative is framed, the collegium represents the best solution.
    • This is that allowing senior judges of the Supreme Court primacy in matters of appointments and transfers is the only practical way to guarantee the independence of the judiciary.

    Promises are yet unfulfilled over transparency

    • When the Court struck down the NJAC, it also promised to reform the existing system. Six years down the line those promises have been all but forgotten.
    • The considerations that must go into the procedure for selecting judges is left unexplained.
    • The words “merit” and “diversity” are thrown around without any corresponding debates on what they, in fact, mean.
    • Somehow, amidst all of this, we have arrived at a consensus that enveloping a veil over the process of selection is essential to judicial autonomy, and that there is no legitimate reason why the public ought to know how judges are chosen and transferred.

    Way forward

    • It is clear that we have come a long way from a time when Chief Justices of High Courts declined invitations to the Supreme Court, because they valued the work that they were already entrusted with.
    • Restoring High Courts to that position of prestige must be seen as essential to the process of building trust in our Constitution.
    • Achieving this will no doubt require more than just a tweak in the process of appointments.

    Conclusion

    • It is clear is that the present system and the mysteries underlining the decision-making only further dilute the High Courts’ prominence.
    • At some point we must take seriously the task of reforming the existing scheme because the status quo is ultimately corrosive of the very institutions that it seeks to protect.

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  • Contention over South China Sea

    The big deal behind the ruckus over AUKUS

    IOCRop-ed snap | International Relations | Mains Paper 2: Bilateral, Regional and Global Groupings and agreements involving India

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: AUKUS, Quad

    Mains level: Focus areas and challenges for AUKUS

    The announcement of the new Australia-U.K.-U.S. (AUKUS) trilateral security pact has naturally generated animated debate in strategic circles, before the QUAD summit.

    What is the AUKUS?

    • The first major initiative of AUKUS would be to deliver a nuclear-powered submarine fleet for Australia.
    • The nuclear-powered submarines will give Australia naval heft in the Pacific, where China has been particularly aggressive.
    • While the US and Britain have had the capability for decades, Australia has never had an n-sub.

    Motive: To counter China

    • China has nuclear-powered submarines, as well as submarines that can launch nuclear missiles.
    • The three signatories to the AUKUS deal have made it clear though, that their aim is not to arm the new subs with nuclear weapons.
    • China has been one of Australia’s biggest trading partners, but the relationship has soured over the last few years.
    • It was in consideration of Chinese sensibilities that Australia had pulled out of the Malabar Naval Exercise with the US, India, and Japan after participating in the 2007 edition (of which Singapore too, was part).
    • Australia came back to Malabar in 2020, which marked the first time in 13 years that the navies of the four Quad nations war-gamed together.

    Australia at the Centrestage

    • This is primarily because a nuclear-powered submarine gives a navy the capability to reach far out into the ocean and launch attacks.
    • A nuclear-powered submarine offers long distances dives, at a higher speed, without being detected gives a nation the ability to protect its interests far from its shores.
    • In the context of the AUKUS agreement, nuclear-powered submarines will give the Royal Australian Navy the capability to go into the South China Sea.
    • It conclusively puts to rest a long-standing domestic debate on whether it was time for Australia to assess China through the strategic lens, overcoming the purely mercantile considerations that tended to dominate its China policy.

    What makes nuclear submarines so important?

    • A nuclear-powered submarine is classified as an “SSN” under the US Navy hull classification system, wherein ‘SS’ is the symbol for submarine, and ‘N’ stands for nuclear.
    • A nuclear-powered submarine that can launch ballistic missiles is called “SSBN”.
    • Conventional diesel-engine submarines have batteries that keep and propel — though not very fast — the vessel underwater. The life of these batteries can vary from a few hours to a few days.
    • The newer Air-Independent Propulsion (AIP) submarines have additional fuel cells that allow them to stay underwater for longer and move faster than the conventional vessels.
    • However, the fuel cells are used only at strategic times, when the endurance to remain submerged is required.
    • Both conventional and AIP subs need to come to the surface to recharge their batteries using the diesel engine.
    • The diesel engine also propels the vessel on the surface. However, the fuel cells of AIP can only be charged at on-land stations, not while at sea.

    Why is France unhappy about Australia getting these submarines?

    • The deal has complicated the relations between France and Australia, and also France and the US.
    • France is upset as it has been kept out of the loop. But, with the core objective of pushing back against China’s aggression, all five countries — US, UK, Australia, France and India — are on the same track.
    • The deal between France and Australia had been marked by delays and other issues.
    • The first submarine was expected to be operational around 2034.

    Does India have nuclear-powered submarines?

    • Yes, India is among the six nations that have SSNs. The other five are the US, the UK, Russia, France and China.
    • India has had the capacity since it got the Soviet-built K-43 Charlie-class SSN in 1987.
    • Commissioned with the Red Fleet of the USSR in 1967, it was leased to the Indian Navy, and was rechristened INS Chakra. The submarine was decommissioned in 1991.

    Indo-Pacific is the core issue

    • France, which like the UK has historically been an Indo-Pacific power with territories and bases across the region.
    • It has participated in a multi-nation naval exercise in the Bay of Bengal with the four Quad nations.
    • There is no gainsaying the fact that rapid accretion in China’s economic and military capacities, but more particularly its belligerence, has led to a tectonic shift in regional security paradigms.
    • Several countries have been obliged to review their defence preparedness in response to China’s rising military power and its adverse impact on regional stability.

    A chance for the UK

    • The AUKUS pact is also an emphatic assertion of the relevance of the U.S.-Australia Security Treaty (ANZUS).
    • New Zealand, the outlier, walked away in 1984 from the treaty that ironically still bears its initials.
    • Its “nuclear-free” stance ran counter to the U.S. Navy’s non-disclosure policy in regard to nuclear weapons aboard visiting vessels.
    • Close ties notwithstanding, Australia’s future fleet of nuclear submarines will not be permitted access to New Zealand’s ports or waters, as averred by PM Jacinda Ardern.
    • AUKUS provides a fresh opportunity to the United Kingdom to reinsert itself more directly into the Indo-Pacific.
    • It is already a member of the Five Eyes (FVEY), an intelligence-sharing alliance built on Anglo-Saxon solidarity (Australia, Canada, New Zealand, the U.K., and the U.S.).

    AUKUS is not a substitute for the Quad

    • It does not erode the Quad’s significance as a platform for consultations and coordination on broader themes of maritime security, free and open trade, health care, critical technologies, supply chains and capacity-building.
    • The AUKUS submarine deal, on the other hand, is an undiluted example of strategic defence collaboration, and a game-changer at that.

    Chinese reception of AUKUS

    • China, expectedly, has strongly criticised AUKUS and the submarine deal as promoting instability and stoking an arms race.

    The exposed double standards

    • China has the world’s fastest-growing fleet of sub-surface combatants.
    • This includes the Type 093 Shang-class nuclear-powered attack submarine (SSN) and the Type 094 nuclear-powered Jin-class ballistic missile submarine (SSBN).
    • Its nuclear submarines are on the prowl in the Indo-Pacific.
    • Yet, China denies Australia and others the sovereign right to decide on their defence requirements.

    What’s in the box of AUKUS?

    Ans. Greater role for Australia

    • Australia’s proposed nuclear submarines will give quite a punch in terms of a stand-off capability.
    • The growing focus on anti-submarine warfare across a more expansive region is clearly altering calculations.
    • Australia’s nuclear submarines would help create a new balance of power in the Indo-Pacific, especially in tandem with the U.S. and the U.K.
    • It will now have a more meaningful naval deterrence of its own to protect its sovereign interests.
    • It is set to play a more robust role in ensuring peace and stability in the Indo-Pacific.

    Way forward

    • The setback ‘down under’ may spur France to focus afresh on partners such as India.
    • India must strike a balance between continuing imports and implementing the all-important Atmanirbhar Bharat in defence manufacturing.
    • France should take AUKUS as a business deal.
    • Its momentary reaction at the cancellation of the contract by Australia should soon subside.
    • As a major Indo-Pacific power, France is an important part of the regional security calculus.

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  • Foreign Policy Watch: India – EU

    Is there a role for India in divided AUKUS?

    op-ed snap | International Relations | Mains Paper 2: Bilateral, Regional and Global Groupings and agreements involving India

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: AUKUS

    Mains level: Paper 2- Role for India in issues over AUKUS

    Context

    France recalled its ambassadors to the US and Australia in a diplomatic slap intended to convey its anger over a deal forged in secrecy that saw Paris lose a multi billion dollar submarine contract.

    Depth and diversity of India’s relations

    • That Delhi today is a part of a difficult conversation between the US, UK, France, Europe, and Australia points to the growing depth and diversity of India’s relations with different parts of the West.
    • Popular and academic discourse on India’s foreign policy has been obsessed with the concept of “non-alignment” —was about keeping distance from the West as a whole.
    • India’s contemporary diplomacy, in contrast, takes a nuanced view of internal dynamics in the West, and recognises the political agency of individual states, and develops wide-ranging relationships with the Western nations.

    Relations with France

    • Paris has always taken an independent view of the world, while remaining within the broad framework of the American alliance.
    •  In the 1990s, Paris championed the construction of a multipolar world to constrain American “hyperpower” but India did not join it.
    • The last few years, however, have seen an intensification of India’s strategic engagement with France.
    • For example, India has overcome the earlier reluctance to work with France on Indian Ocean security.

    Engagement as collective and sub-region

    • The government has also stepped up on the political engagement with Europe as a collective as well as its sub-regions — from Baltics to the Balkans and from Iberia to Mitteleuropa.
    •  As India discovers that every European nation, from tiny Luxembourg to a rising Poland, has something to offer, Europe has become a thriving hub of India’s international relations.

    Relations with the UK

    • Due to the bitter colonial legacy, relations between India and UK have always been underdeveloped.
    • In the last couple of years, India has made a determined effort to build a new partnership with Britain, which is the fifth-largest economy in the world, a leading financial hub, a technological powerhouse, and punches well above its weight in global affairs.

    Relations with “Anglosphere”

    • India’s neglect of London also meant Delhi had no time for the “Anglosphere” that binds the UK to Australia, Canada, and New Zealand.
    • Many had presumed that the Anglosphere was irrelevant — AUKUS, however, is a reminder that Anglo-Saxon political bonds endure.
    • Instead of treating the Anglosphere with scepticism, India has begun to vigorously engage with the “settler colonies” that have so much to offer India — from natural resources to higher education and critical technologies.
    • The UK and its settler colonies have long been the preferred destination for the Indian diaspora (besides the US).
    • Leveraging diaspora politics: While the diaspora tends to connect the domestic politics of the Anglosphere with that of India, Delhi is figuring out that the diaspora politics can be played both ways.

    Relations with Japan and Australia

    • The transformation of India’s relations with Australia has occurred despite entrenched scepticism in the foreign policy bureaucracy.
    • Finally, Japan has been a part of the West in the post-War era and Delhi’s relations with Tokyo have never been as rounded as they are today. They are also fellow members of the Quad.

    Way forward for India

    • This wide-ranging engagement with the West should help Delhi convey two important messages to its partners this week.
    • Not undermining the larger goal: India needs to remind France, Australia, the UK and US of the shared interests in securing the Indo-Pacific and the dangers of letting the current quarrel undermine that larger goal.
    • Effective deterrence in Indo-Pacific: The other is to highlight the region’s vast requirements for effective deterrence in the Indo-Pacific;
    • And that there is enough room for the US, UK, France, and Europe to collaborate with Indo-Pacific partners in overlapping coalitions to develop high technology and defence-industrial cooperation in all the areas highlighted by AUKUS — effective underwater capabilities to AI, quantum computing and cyber warfare.
    • Deeper cooperation: India’s interests lie in deeper strategic cooperation with France and Europe as well as the Quad and the Anglosphere.

    Conclusion

    India’s diverse relationships in the West must be deployed in full measure to prevent a split in the Indo-Pacific coalition.

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  • Industrial Sector Updates – Industrial Policy, Ease of Doing Business, etc.

    The end of the doing business rankings

    op-ed snap | Economics | Mains Paper 3: Effects Of Liberalization On The Economy, Changes In Industrial Policy and their effects on Industrial Growth

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Ease of Doing Business Report

    Mains level: Read the attached story

    The World Bank Group has scrapped its flagship publication, the ‘Doing Business’ report.

    Doing Business Report

    • This report publishes the influential annual ranking of countries on the Ease of Doing Business (EDB) index.
    • It ranks countries by the simplicity of rules framed for setting up and conducting businesses.

    Utility of the index

    The World Bank’s decision has wide ramifications, as the index serves varied purposes.

    • Many countries showcase improved ranking to signal market-friendly policies to attract foreign investments. National leaders often set EDB rank targets.
    • This helps them measure domestic policies against global “best practices” and browbeat domestic critics.
    • India, for instance, wanted its administration to ensure that India breaks into the top 50 ranks of the EDB index.
    • Some countries seem to use their political heft to improve their rank, polish their international image and sway public opinion (as appears to be China’s case).

    Issues with the credibility of the report

    • The Group acted on its commissioned study to examine the ethical issues flagged in preparing the 2018 and 2020 editions of the EDB index.
    • It is accused of having exerted pressure on the internal team working on the Doing Business report to falsely boost China’s rank by doctoring the underlying data.
    • Similarly, tensions were also reportedly brought to bear in the case of Saudi Arabia’s rank, among others.

    EDB index rank vs economic outcomes

    • There is a disconnect between the stellar rise in EDB index rank and economic outcomes.
    • The theory underlying the EDB index could be suspect, the measurement and data could be faulty, or both.
    • For example, China’s phenomenal economic success, especially its agricultural performance (after the reforms in 1978), is perhaps the most unmistakable evidence demonstrating that lack of clarity of property rights may not be the binding constraint in a market economy.
    • What matters is economic incentives.
    • Measuring regulatory functions underlying the index could be tricky and subjective and possibly politically motivated as well, as the controversies surrounding the index seem to suggest.

    EODB in India: At what cost

    Ans. Weakening labour regulations

    • Closer home, India has weaponised the mandate to improve the rank in the EDB index to whittle down labour laws and their enforcement and bring them close to the free-market ideal of ‘hire and fire’.
    • Most States have emulated Maharashtra’s lead of administrative fiat, which renders labour laws toothless by dismantling official labour inspection systems and allowing employers to file self-regulation reports.
    • The government has farmed out critical safety regulations such as annual inspection and certification of industrial boilers to ‘third party’ private agencies.
    • The Labour Department’s inspection is now not mandated; it is optional only by prior intimation to employers.

    Implications of such moves

    • Such abdication of the government’s responsibility towards workers has reportedly affected industrial relations.
    • The workers’ strike at Wistron’s iPhone assembly factory in Karnataka last year is an example.
    • Further, severe industrial accidents are rising, damaging life and productive industrial assets.

    Why did World Bank scrap the index?

    • Investigations into “data irregularities” in preparing the EDB index, as brought out by the independent agency, seems to confirm many shortcomings repeatedly brought to light for years now.
    • The index appears motivated to support the free-market ideal.
    • It is dressed up under scientific garb and is underpinned by seemingly objective methods and data collection.
    • Strong leaders (and motivated officials) seem to have used their position to manipulate the index to suit their political and ideological ends.

    Conclusion

    • India claimed the success of its Make in India initiative by relying on its ranking on the EDB index without tangible evidence.
    • Handing over law enforcement to employers by self-reporting compliance seems to have increased industrial unrest and accidents.
    • It perhaps calls for honest soul-searching as to what havoc a questionable benchmark can wreak.

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