1. Choosing the watchdog: On Election Commissioners appointment READ MORE
2. Former CEC S Y Quraishi writes: Supreme Court order on appointments will enhance Election Commission’s credibility READ MORE
3. Supreme Court’s Election Commission verdict: When judicial activism writes the law READ MORE
4. SC acted on EC selection because Parliament didn’t for 73 years READ MORE
5. Guv vs states tussle needs a political fix READ MORE
6. Panel on EC appointments: SC shows the way, onus on Parliament to make law READ MORE
7. Perfect Bureaucracy READ MORE

(Newspapers, PIB and other important sources)

Prelim and Main

1. Sovereign Gold Bond Scheme 2022-23 READ MORE  
2. PMI suggests services activity hit 12-year high in Feb. READ MORE
3. India scores 74.4 in World Bank index on life cycle of working women READ MORE
4. Kuno National Park unsuitable to host all 20 cheetahs, not enough prey, says scientist READ MORE
5. World Bank to lend $1 billion to support India’s health sector READ MORE
6. Supreme Court eases norm for selection of consumer court presidents, members READ MORE
7. An Express Investigation – Part Three: Red flags, India’s green certification under cloud READ MORE
8. Our forests are under threat — here’s how they are certified READ MORE
9. BIMSTEC region can provide green, affordable energy access to all READ MORE
10. After 89 years, frog endemic to the higher altitudes of Western Ghats ‘rediscovered’ READ MORE  
11. How SpaceX and other companies’ satellites are spoiling images taken by Hubble telescope READ MORE

Main Exam

GS Paper- 1

1. Unscrupulous Inequality READ MORE

GS Paper- 2

POLITY AND GOVERNANCE

1. Choosing the watchdog: On Election Commissioners appointment READ MORE
2. Former CEC S Y Quraishi writes: Supreme Court order on appointments will enhance Election Commission’s credibility READ MORE
3. Supreme Court’s Election Commission verdict: When judicial activism writes the law READ MORE
4. SC acted on EC selection because Parliament didn’t for 73 years READ MORE
5. Guv vs states tussle needs a political fix READ MORE
6. Panel on EC appointments: SC shows the way, onus on Parliament to make law READ MORE
7. Perfect Bureaucracy READ MORE

 SOCIAL ISSUES

1. Make public places accessible to the disabled READ MORE

INTERNATIONAL ISSUES

1. Creative formulas: On India, G20 and the Ukraine conflict READ MORE
2. Mint Explainer: What the G20 foreign ministers meeting meant for India READ MORE
3. Leveraging BRICS in times of economic uncertainty READ MORE
4. One Year of the Russia–Ukraine War READ MORE

GS Paper- 3

ECONOMIC DEVELOPMENT

1. Data dissonance: On the revised GDP estimates READ MORE
2. Ensure price guarantee under contract farming READ MORE
3. ‘War is slowing down economic growth’ READ MORE
4. Can India Become a Developed Economy and Catch Up with China? Three Scenarios READ MORE

SCIENCE AND TECHNOLOGY

1. Generative AI and Large Language Models: The AI Gold Rush READ MORE

ENVIRONMENT AND ECOLOGY

1. BIMSTEC region can provide green, affordable energy access to all READ MORE
2. ‘Insatiable demand from the East, greed & lack of political will is enabling poaching across Africa’ READ MORE

SECURITY

1. Cyberattacks are rising, but there is an ideal patch READ MORE
2. Dealing with the cyber threats READ MORE

DISASTER MANAGEMENT

1. Lessons from Turkey: How to make India earthquake prepared READ MORE

GS Paper- 4

ETHICS EXAMPLES AND CASE STUDY

1. The Buddha & Angulimala READ MORE
2. Facts, fiction and Black Swans READ MORE

Questions for the MAIN exam

1. ‘Mere allocation of large funds could not ensure the nation’s development or public welfare’. In light of this statement, do you agree with the view that there should be a third-party review, as recommended by the 15th finance commission, of the proper implementation of all Central Schemes?
2. ‘Perfect’ Bureaucracy, a term coined by Prime Minister Modi, is not possible in India because of the politically influenced environment, but we can develop an able and sensitive administration to ensure that the benefits of Government schemes reach the poorest and well in time by effective implementation of Mission Karamyogi. Examine.

QUOTATIONS AND CAPTIONS

• The price of inaction is far greater than the cost of making a mistake.
• The post of the Governor, a relic of the colonial era, often becomes a fifth wheel and a clog to democratic governance, when provincial autonomy is diluted, or an elected government is derailed.
• Federalism is an integral part of the basic structure of our Constitution, and it is intertwined inextricably with the unity and integrity of the nation.
• Despite recommendations of the Sarkaria and Venkatachaliah Commissions, active party politicians have been appointed as Governors. There are instances of young party loyalists being appointed as Governors who were later sworn in as Ministers in the States.
• A look at the estimated receipt and expenditure position of Budget 2023-24 would make it clear that the Government is consciously ignoring the fiscal consolidation measures enunciated in the last year’s budget.
• The judicial system ought not to enjoy unfettered freedom in the name of the independence of the judiciary.
• There is a need for a reformed mechanism for the appointment of judges to the constitutional courts where the judiciary and executive could amicably come to the conclusion.
• The rule of law requires that law be applied consistently & impartially.
• Smart technologies and solutions thus have the potential to alter the entire value chain of businesses across industries.
• Digitalisation is inevitable, but it must be adopted only after proper ‘digital literacy’; end users must be made aware of its drawbacks.
• A country that is fast emerging as a global leader cannot afford to let an unhealthy preoccupation with the past cast a shadow on its promising future.
• Technical and operational gaps leading to inclusion or exclusion errors must be plugged to ensure the money reaches the intended beneficiaries.
• Reducing the inevitable negative impact of conflicts between major powers on the forum will be a diplomatic achievement for Delhi in G20.

ESSAY TOPIC

• The secret of all victory lies in the organisation of the non-obvious.

50-WORD TALK

• With concentration of power in a handful of companies that operate a contract, it is the weaker link that invariably tends to get exploited. With more than half of the US egg production in the hands of four large companies, contract farmers are a captive lot. It is true that the companies reeling out a contract provide chicks, feed, medicines, veterinary and technical advice, while poultry farmers are expected to ensure land and housing, which is an expensive proposition.

Things to Remember:

• For prelims-related news try to understand the context of the news and relate with its concepts so that it will be easier for you to answer (or eliminate) from given options.
• Whenever any international place will be in news, you should do map work (marking those areas in maps and exploring other geographical locations nearby including mountains, rivers, etc. same applies to the national places.)
• For economy-related news (banking, agriculture, etc.) you should focus on terms and how these are related to various economic aspects, for example, if inflation has been mentioned, try to relate with prevailing price rises, shortage of essential supplies, banking rates, etc.
• For main exam-related topics, you should focus on the various dimensions of the given topic, the most important topics which occur frequently and are important from the mains point of view will be covered in ED.
• Try to use the given content in your answer. Regular use of this content will bring more enrichment to your writing.

THE CONTEXT: As India prepares for its next Census, the Delimitation of Lok Sabha seats and the distribution of central funds to states based on the population has become a point of concern. Southern states, which have implemented family planning programs more effectively than Northern states, may be unfairly treated in this process. Another issue is of dismissing of petition by Supreme Court which challenged the delimitation exercise carried out for redrawing the Legislative Assembly and Lok Sabha constituencies in the Union Territory of Jammu & Kashmir. In this regard, this article will discuss the process of Delimitation, its historical background, related issues and measures that need to be taken to resolve the issue.

ISSUE RELATED TO JAMMU KASHMIR DELIMITATION

PETITIONER STAND

• Petitioners had contended that the delimitation exercise was in violation of the scheme of the Constitution of India, especially Article 170(3), which had frozen delimitation till the first census after 2026. He had argued that the delimitation exercise was being carried out in the teeth of constitutional and statutory provisions.
• It had had emphasized that post 2008, all delimitation related exercise can be carried out only by the Election Commission and not a Delimitation Commission.

COUNTER ARGUMENT BY CENTRE GOVERNMENT

• Centre Government argued that the legislature intended the first delimitation to be undertaken by a Delimitation Commission and not the Election Commission as it is busy holding election.
• Centre had said the Jammu and Kashmir Re-organisation Act does not preclude the establishment of a Delimitation Commission by the Central Government and provides for two alternative mechanisms to carry out delimitation for the Union Territory.
• On the legality of the Centre setting up a Delimitation Commission by notification dated March 6, 2020, the bench said “the J&K Reorganization Act, which created the two new Union territories, assigns the role of readjustment of constituencies to the Delimitation Commission under the Delimitation Act, 2002”.
• Supreme Court, on Monday, dismissed a petition which challenged the delimitation exercise carried out for redrawing the Legislative Assembly and Lok Sabha constituencies in the Union Territory of Jammu & Kashmir

WHAT IS DELIMITATION?

• Delimitation is the process of fixing limits or boundaries of territorial constituencies in a country to reflect changes in population.
• The main objective is to follow the principle of “One Vote One Value” and ensure a fair division of geographical areas to prevent any political party from having an advantage in an election.
• It allows for the legitimate transferability and visibility of votes within the larger democratic scheme.

Delimitation Commission

• The Delimitation Commission Act was established in 1952 and allowed the Union government to set up a Delimitation Commission as needed.
• The Union government sets up Delimitation Commission after every Census, as per the provisions of the Delimitation Commission Act and the Constitution of India (Articles 82 and 170).
• The Delimitation Commission in India is appointed by the President of India and works in collaboration with the Election Commission of India.
• The Commission is composed of a retired Supreme Court judge, the Chief Election Commissioner, and the respective State Election Commissioners.
• Its functions include determining the number and boundaries of constituencies to make the population of all constituencies nearly equal and identifying seats reserved for Scheduled Castes and Scheduled Tribes where their population is relatively large.
• In case of a difference of opinion, the opinion of the majority prevails and the Commission’s orders have the force of law and cannot be challenged in court.

How is Delimitation done?

• According to Article 82 of the Constitution, Parliament enacts a Delimitation Act after Census that is held every 10 years. The Union government then constitutes a Delimitation Commission headed by a retired Supreme Court judge. The Commission examines population data, existing constituencies, the number of seats to be analyzed, holds meetings with all the stakeholders and submits its recommendation to the government.
• The draft report of the Delimitation Commission is published in the Gazette of India, the official gazettes of the states concerned and at least two vernacular publications seeking feedback from the general public.

WHAT IS THE DEBATE NOW?

POTENTIAL IMPACT OF DELIMITATION ON THE 2031 CENSUS:

2019 research paper “India’s Emerging Crisis of Representation” speculates potential impact of Delimitation on the allocation of seats in India’s parliament. According to the paper, if the Delimitation is carried out based on the 2031 Census, states in the north such as Bihar and Uttar Pradesh are expected to gain 21 seats, while southern states like Tamil Nadu and Kerala may lose 16 seats.

PERFORMANCE OF SOUTHERN STATES

The economic situation of the Southern states has improved significantly in recent years, with a significant reduction in poverty and an increase in income levels. The combined GDP of just three states, Karnataka, Kerala, and Tamil Nadu is greater than 13 states in the East. In terms of educational and health outcomes, the southern states have performed better compared to the northern states, with a higher proportion of graduates and better learning outcomes.

LOSS OF FUNDS AND REPRESENTATION TO SOUTHERN STATES

Concerns were raised about southern states losing funding and representation in parliament after the 15th Finance Commission used the 2011 Census as a basis for its recommendations. Implementing effective family planning programs has led to a lower population growth rate in Southern states compared to Northern states, which could result in a smaller share of central funds and fewer Lok Sabha seats for Southern states in the delimitation exercise

DEMAND OF SOUTHERN STATES

Southern states argue that they should be recognised and rewarded for their efforts to control population growth, rather than penalized for their success, as  better educational and health outcomes in the Southern states imply a better ability to discern and make decisions, and a higher expectation for better public services and governance.

HISTORICAL CONTEXT

• Constitutional provisions: The Constitution under Article 82 and 83 provides for consistent delimitation exercises, every 10 years, post every Census. It coupled with providing the power to legislate matters related to Delimitation under Article 327, which is not subject to judicial review.
• Four delimitation commissions have been set up, in 1952, 1963, 1973, and 2002, under the Acts of 1952, 1962, 1972, and 2002, respectively. The first delimitation exercise was carried out by the President, with the assistance of the Election Commission, in 1950-51.
• Freezing till 2001: Post the setting up of three delimitation commissions until 1972, the Union Government, led by the Indian National Congress with Indira Gandhi at the helm, imposed a freeze on this delimitation exercise till the year 2001 under the 42nd Constitutional Amendment.
• Freezing till 2026: In 2001, the year the freeze on Delimitation was supposed to expire the then ruling National Democratic Alliance (‘NDA’)-run Union Government, which had a clear political incentive to have resumed Delimitation, extended the freeze till 2026 with identical justifications. According to the Constitution (84th Amendment) Act, 2002, there is a freeze on readjustment of constituencies till the first Census after 2026.
• In 2008, it seemed to be reverting the freeze on Delimitation, but it was masked by a deliberate and inconsistent approach to only remove the freeze for the SC and ST seats and adjust them according to the 2001 Census in 2008 via the Election Commission’s Delimitation of Parliamentary and Assembly Constituencies Order, 2008 one of the most structurally intuitive appeasement policies till date.
• The rationale given by the Centre in the past to postpone the demand for a delimitation exercise till 2026 was the freeze after the last population-based Delimitation in the country was held in 1971. The Centre said the next delimitation exercise in the country cannot be held until the first Census after 2026. This in effect meant that the next Delimitation can be carried out only according to the 2031 census . This position flows from the 84th amendment of the Constitution, passed when late Atal Bihari Vajpayee was leading the NDA government. However, nothing stops the government from amending the Constitution further to prepone the delimitation process to any time before 2026.

ANALYSIS OF THE ISSUE

FREEZING TILL 2026

Seeing that a delimitation based on census data would create a political anomaly, Prime Minister Indira Gandhi, through the 42nd Amendment of the Constitution in 1976, froze the process. Through the 84th Amendment, Prime Minister Vajpayee froze it again till 2026.

POPULATION-BASED DELIMITATION

The delimitation process gives such a population-based marking out or re-arrangement of constituencies as more MPs to the states and Union territories that have that more population.

PUNISHING SUCCESSFUL STATES

It was disproportionately punishing states that were successful in their implementation of the Family Policy initiatives. The inherent problem with this line of argumentation is that it fails to adequately weigh one aspect of State policy (that is, population control) along with denying the basic foundational principle of democracy, which is effective and proportional representation.

LACK OF PARAMETERS

There is a complex intersection of historical, economic and social contexts, there is a lack of parameters in which such policies are meant to be enforced particularly and need of sensitization or monitoring of supplementary policies. For instance, parameters such as  literacy and female education can lead to desired family size and population control.

SHADOWED POLITICAL INTERESTS

Some vested Political interest is to create north-south divide for political gains

NORTH SOUTH DIVIDE IN ELECTORAL REPRESENTATION

It is argued that the distribution of parliamentary constituencies in India favours populous states such as Uttar Pradesh and Bihar, while southern states like Tamil Nadu, Andhra Pradesh, and Karnataka have fewer seats. If Delimitation takes place, southern states will likely experience a reduction in the number of seats allocated to them compared to the northern states. Hence, when considering electoral representation, the quality of the people should be given more importance than just the number of people.

POLICYMAKERS NEED TO CONSIDER CHANGES

Delimitation has been frozen since 1976, and if it is carried out after 2031, policymakers will need to consider the demographic and political changes that have taken place in the country over the past 60 years.

Delimitation exercise that adds electoral value to one set of states while depleting representative value to another is, to use a phrase coined by Amartya Sen in another context, ‘valuationally gross’. It cannot but be seen as an unfair punishment where there should be a deserved reward.

ISSUES RELATED TO DELIMITATION

• North-South imbalance: It will potentially shift power away from the South towards the north and create a north south imbalance in electoral representation.
• Affect Representation of Women: The delimitation exercise is also going to deepen the representational disadvantage faced by women, because population-controlling states are also those where the women of India have played a decisive role in that achievement and where their role in the process of elections and representation has been critical.
• Affect Representation of SC/ST: It will also affect the allocation of seats reserved for Scheduled Castes and Scheduled Tribes (SC/ST).
• Penalize better performing states: It could penalize better performing states in demography or economy as southern states by giving them lower representation.
• Impact voter’s right: It could affect individual voter’s rights as voters in southern states will automatically have less power than voters in northern states as there will be lesser representation of southern states.
• Impact electoral process: The process could harm the electoral process as cause vulnerability and affect the democratic and political fabric of a country due to partisan politics, vested interests, and the unchecked power of political parties that have the ability to dilute constitutional safeguards.

THE WAY FORWARD

• Finding alternatives: There are two alternative:
• This time freeze is not for any specific period but till such time as all states achieve population stabilisation.
• Demographic and statistical experts had devised a mathematical model along the lines of the ‘Cambridge Compromise’ based on a mathematically equitable ‘formula’ for the   apportionment of the seats of the European Parliament among the member states. Its recommendation can be considered as increasing the total number of seats in Parliament to ensure that no state loses the seats it already has.
• Population control: It has been suggested that improved awareness and better implementation of family planning programmes such as Mission Parivar Vikas have helped bring India’s overall fertility rate closer to replacement levels in northern states.
• Reap Demographic dividend: India must invest in health, nutrition, education, skilling and employability before the window of opportunity closes.
• Gradual acceptance for change: Gradual acceptance for change and lesser number of seats to give up or receive per state, The overarching theme that connects these observations is that one could argue that the ability to have been receptive to such changes through Delimitation may have been better accepted by political parties, voters and other related stakeholders through a phase-out mechanism.
• Better tracking and scrutiny of developmental indicators: There is a need for better tracking and scrutiny of developmental indicators, population control measures, and outcomes and rationale within the spaces of the Parliament and state legislatures.
• Devising an alternative formula: There is a need of devising an alternative formula taking into account the disparity created between the imposition on states to legislate and enforce population control mechanism, progress made retrospectively over the last 50 years, that is, between the 1971 and 2021 Censuses, along with their current position.

THE CONCLUSION: There is an immediate need for policy and legislative change in the most appropriate manner where Delimitation needs to be resumed with respect to extensive structural changes over the past 50 years. There is a need to tackle the electorate to lobby and preserve the constitutional sanctity and federal character of this country and must continue to enrich our legislative and parliamentary processes.

MAINS QUESTIONS

1. India is a federation where states are important political units of the union. However, the new delimitation exercise is creating north-south divide in electoral representation. Discuss.
2. Explain the Delimitation process and how it shaped Indian democracy and demography over the years.

1. Deep within, we all are averse to corruption READ MORE
2. How To Reconcile Management And Morality In Today’s Gilded Age READ MORE

1. A plateau? Global CO2 emissions rose less than initially feared in 2022, says IEA READ MORE
2. South Asia’s human capital is the resilience it needs READ MORE

1. South Asia’s human capital is the resilience it needs READ MORE
2. Post-Covid education READ MORE
3. Understanding intergenerational educational mobility with conflicting evidence READ MORE
4. Does EWS Reservation Redraft the Principles of Social Justice? READ MORE

1. Supreme Court verdict will ensure a more independent Election Commission READ MORE
2. SC corrects error of Commission, with one omission: For true functional independence, EC should also be made accountable to a parliamentary committee READ MORE
3. SC ruling on ECI marks a new era READ MORE
4. Collegium for Appointing Election Commissioners: What Next? READ MORE
5. Explainer: Why the SC took away the government’s discretion to appoint election commissioners READ MORE
6. The Dam Safety Act, 2021: Asymmetry in Indian Federalism READ MORE

(Newspapers, PIB and other important sources)

Prelim and Main

1. Supreme Court verdict on ECI appointments READ MORE  
2. India, Italy elevate ties to strategic partnership, sign MoU on defence cooperation READ MORE
3. Appointment of an Election Commissioner with tenure less than six years is a clear breach of law: Supreme Court READ MORE
4. India’s jobless rate rose to 7.45% in Feb.: CMIE READ MORE
5. Ornamental fish aquaculture to help Lakshadweep women READ MORE
6. Adani-Hindenburg report: SC sets up a probe panel, also asks Sebi to investigate READ MORE
7. News broadcasters seek exemption from advisory on national interest content READ MORE
8. SC Collegium recommends 7 as judges for Gujarat HC READ MORE
9. Fossil fuels firms failed to curb methane emission: What IEA’s annual report says READ MORE
10. African dryland trees store less carbon than believed earlier, finds study READ MORE
11. How Lunar Cycles Guide the Spawning of Corals, Worms and More READ MORE

Main Exam

GS Paper- 1

1. South Asia’s human capital is the resilience it needs READ MORE
2. Post-Covid education READ MORE
3. Our Fragile Coasts: Scientific Approaches and Solutions READ MORE

GS Paper- 2

POLITY AND GOVERNANCE

1. Supreme Court verdict will ensure a more independent Election Commission READ MORE
2. SC corrects error of Commission, with one omission: For true functional independence, EC should also be made accountable to a parliamentary committee READ MORE
3. SC ruling on ECI marks a new era READ MORE
4. Collegium for Appointing Election Commissioners: What Next? READ MORE
5. Explainer: Why the SC took away the government’s discretion to appoint election commissioners READ MORE
6. The Dam Safety Act, 2021: Asymmetry in Indian Federalism READ MORE

SOCIAL ISSUES

1. Understanding intergenerational educational mobility with conflicting evidence READ MORE
2. Does EWS Reservation Redraft the Principles of Social Justice? READ MORE

INTERNATIONAL ISSUES

1. Positing India’s stand on the Ukraine war READ MORE
2. Japan’s new defence strategy and the move away from pacifism READ MORE

GS Paper- 3

ECONOMIC DEVELOPMENT

1. Data dissonance: On the revised GDP estimates READ MORE

SCIENCE AND TECHNOLOGY

1. Generative AI and Large Language Models: The AI Gold Rush READ MORE

ENVIRONMENT AND ECOLOGY

1. A plateau? Global CO2 emissions rose less than initially feared in 2022, says IEA READ MORE

SECURITY

1. Cyberattacks are rising, but there is an ideal patch READ MORE
2. Dealing with the cyber threats READ MORE

DISASTER MANAGEMENT

1. Lessons from Turkey: How to make India earthquake prepared READ MORE

GS Paper- 4

ETHICS EXAMPLES AND CASE STUDY

1. Deep within, we all are averse to corruption READ MORE
2. How To Reconcile Management And Morality In Today’s Gilded Age READ MORE

Questions for the MAIN exam

1. Digitalisation is inevitable, but it must be adopted only after proper ‘digital literacy’. Critically comment with reference to the technological advancement in recent times.
2. Despite efforts to ensure their wellbeing, the Adivasi community remains one of the most deprived in India. In light of this statement critically analyse the steps taken by Government of India to address the issues of Adivasi community.

QUOTATIONS AND CAPTIONS

• Strategy is not the consequence of planning, but the opposite: its starting point.
• The post of the Governor, a relic of the colonial era, often becomes a fifth wheel and a clog to democratic governance, when provincial autonomy is diluted, or an elected government is derailed.
• Federalism is an integral part of the basic structure of our Constitution, and it is intertwined inextricably with the unity and integrity of the nation.
• Despite recommendations of the Sarkaria and Venkatachaliah Commissions, active party politicians have been appointed as Governors. There are instances of young party loyalists being appointed as Governors who were later sworn in as Ministers in the States.
• A look at the estimated receipt and expenditure position of Budget 2023-24 would make it clear that the Government is consciously ignoring the fiscal consolidation measures enunciated in the last year’s budget.
• The judicial system ought not to enjoy unfettered freedom in the name of the independence of the judiciary.
• There is a need for a reformed mechanism for the appointment of judges to the constitutional courts where the judiciary and executive could amicably come to the conclusion.
• The rule of law requires that law be applied consistently & impartially.
• Smart technologies and solutions thus have the potential to alter the entire value chain of businesses across industries.
• Digitalisation is inevitable, but it must be adopted only after proper ‘digital literacy’; end users must be made aware of its drawbacks.
• A country that is fast emerging as a global leader cannot afford to let an unhealthy preoccupation with the past cast a shadow on its promising future.
• Technical and operational gaps leading to inclusion or exclusion errors must be plugged to ensure the money reaches the intended beneficiaries.
• Reducing the inevitable negative impact of conflicts between major powers on the forum will be a diplomatic achievement for Delhi in G20.

ESSAY TOPIC

• The secret of all victory lies in the organisation of the non-obvious.

50-WORD TALK

• Justice Joseph’s five-judge bench should take pride in its order on Election Commission appointments and toss aside the whataboutery it has unleashed. We can’t mix it up with judges’ appointments collegium. It’s a different and valid debate. For now, hail a much-needed and belated reform in a key constitutional body.
• If a share is overpriced, it’s for the market to make that discovery and punish it. Which it has done with Adani by knocking Rs 12 trillion in value. Regulator SEBI has managed the volatility calmly. Supreme Court’s intervention is unnecessary, anti-market and undermines a due process that’s working brilliantly.

Things to Remember:

• For prelims-related news try to understand the context of the news and relate with its concepts so that it will be easier for you to answer (or eliminate) from given options.
• Whenever any international place will be in news, you should do map work (marking those areas in maps and exploring other geographical locations nearby including mountains, rivers, etc. same applies to the national places.)
• For economy-related news (banking, agriculture, etc.) you should focus on terms and how these are related to various economic aspects, for example, if inflation has been mentioned, try to relate with prevailing price rises, shortage of essential supplies, banking rates, etc.
• For main exam-related topics, you should focus on the various dimensions of the given topic, the most important topics which occur frequently and are important from the mains point of view will be covered in ED.
• Try to use the given content in your answer. Regular use of this content will bring more enrichment to your writing.

THE CONTEXT: A five-judge SC bench decided to modify the 2018 rules for advance medical directives to make them more workable and simpler. Earlier, in 2018 Supreme Court granted legal status to the concept of advance medical directives and allowed passive euthanasia to recognize patient autonomy and the right to a dignified death. In this regard, this article will analyze the concept of advanced medical directives and related issues by comparing earlier and recent judgement of the Supreme Court on the issue.

WHAT IS AN ADVANCE MEDICAL DIRECTIVE?

• Advance directives are legal documents extending a person’s autonomy and control over their healthcare decision if they become incapacitated.
• These directives enable individuals to communicate preferences regarding medical treatment, end-of-life care and other aspects of care, as well as designate a surrogate decision-maker ahead of time before being incapacitated.
• It ensures that the wishes of the executor are honoured, even when they are incapable of making a decision or their decision-making capacity is severely impaired.

There are 2 primary types of advance directives:

• Living will: A living will is a limited document that expresses a person’s preferences for their medical treatment and care, normally in connection with end-of-life health care decisions.
• Durable power of attorney for health care: It designates a surrogate decision maker. In a durable power of attorney for health care, one person (the principal) names another person (the agent, proxy, health care representative, or surrogate, depending on the state) to make decisions about health care and only health care.

2018 JUDGMENT OF SUPREME COURT ON ADVANCE DIRECTIVE

• In March 2018, a Constitution Bench of the Supreme Court recognized the right to die with dignity as a fundamental right under Article 21.
• It has the legalized concept of advance medical directives and “passive euthanasia”, subject to stringent safeguards, which includes ending life-sustaining treatment for terminally ill patients.
• It was seen as a vital recognition of both patient autonomy over end-of-life decisions and the right to a dignified death.
• It also laid down guidelines for terminally ill patients to enforce the right, through an advance medical directive or living will, a legal document that details a person’s wishes for future medical procedures.
• However, doctors later found that some of the specific directions turned out to be obstacles and guidelines and the cumbersome procedures laid down by the Court made it difficult for these patients to execute a living will.

RECENT JUDGMENT OF THE SUPREME COURT ON ADVANCE DIRECTIVE

• The recent verdict came after a PIL filed by NGO Common Cause seeking recognition of the “living will” made by terminally ill patients for passive euthanasia.
• The Constitution Bench of the Supreme Court issued a judgment in Common Cause v. Union of India And Anr seeking modification of the guideline or Living Will/Advance Medical Directive. Modifications were sought under three broad parameters – contents, method of recording and implementation of advance directive.
• The top Court had said that it will not review its 2018 judgment on passive euthanasia and it is up to legislature to enact a law for terminally ill patients wanting to stop treatment and will only make the guidelines on “living will” more workable.
• The Court had laid down principles related to the procedure for execution of advance directives and spelt out guidelines and safeguards to give effect to passive euthanasia in both circumstances where there are advance directives and where there are none.
• Based on an application filed by the Indian Society for Critical Care Medicine (ISCCM), the apex court’s modification of the procedure has made the “right to die with dignity” more accessible and less bureaucratic.
• During the course of the hearing, it was made abundantly clear that the directions issued by the Court are to be in effect only till the law is enacted in the field.

COMPARISON OF BOTH THE JUDGMENT

ROLE OF JUDICIAL MAGISTRATE OF FIRST CLASS

2018 judgment

2023 judgment

Countersign of the jurisdictional judicial magistrate of first class was required. The officer was further required to record and preserve the document.

It is sufficient for an advanced directive to be attested before a notary or a gazetted officer. The requirements for it to be countersigned or presereved by a judicial magistrate have been dispensed with.

ROLE OF DISTRICT COURT REGISTRY

The judicial magistrate was required to forward a copy of the document to the registry of the jurisdictional district court, which would have to retain the document in its original format.

This requirement has been deleted.

PRELIMINARY OPINION

A medical board, comprising the head of the department, and at least three experts from the fields of general medicine, cardiology, neurology, nephrology, psychiatry or oncology with experience in critical care and with overall standing in the medical profession of at least twenty years, had to be constituted.

A primary medical board, consisting of the treating physician and at least two subject experts of the concerned speciality with at least five years’ experience, will be constituted. This board will form a preliminary opinion preferably within 48 hours of the case being referred to it

WITHDRAWAL OF TREATMENT

The decision of the medical board constituted by the collector had to be conveyed by the chairman, i.e., the chief district officer, to the judicial magistrate, who would then authorize the withdrawal of treatment after visiting the executor at the earliest and examining all aspects.

It is sufficient for the hospital to simply convey the decision of the primary and secondary medical boards and the consent of the person or persons named in the advance directive to the judicial magistrate before giving effect to the decision to withdraw the medical treatment administered to the executor. It is no longer necessary to wait for the judicial magistrate’s authorization.

REFUSAL BY FIRST MEDICAL BOARD

If the hospital medical board took a decision not to follow an advance directive, it had to make an application to the medical board constituted by the collector for considering and passing appropriate directions with respect to the document.

If the primary medical board takes a decision not to follow an advance directive, the nominees of the executor can request the hospital to refer the case to the secondary medical board for consideration and for passing appropriate directions.

APPEAL BEFORE THE HIGH COURT

If permission to withdraw treatment being administered to the executor was denied by the medical board, it would be open to the executor, his nominee, the treating physician, or the hospital staff to file a writ petition at the jurisdictional High Court.

If permission to withdraw treatment being administered to the executor is denied by the secondary medical board, it is open to the nominees of the executor, the treating physician, or the hospital staff to file a writ petition at the jurisdictional High Court.

ANALYSIS OF THE JUDGEMENT

• Less Cumbersome Process: Supreme Court agreed to make this process less cumbersome by modifying the existing guidelines. A magistrate will no longer play a role in the execution and implementation of an advance directive. The Court also simplified the composition of the medical boards that must determine whether life-support systems can be withdrawn. Further, it set time limits for these boards to take such decisions.
• Real time implementation: There is consensus that the guidelines have become significantly less unwieldy, thereby enabling them to be implemented in real-time situations.
• Protection of fundamental rights: The judgement ensured the Court’s Constitutional obligation to protect the rights of the citizens as enshrined under Article 21 of the Constitution.
• Need of legislation by Parliament: While such guidelines are useful and necessary to implement the concept of a ‘living will’ and advance medical directives, it is time for Parliament to come out with a comprehensive law. Such a law could also provide for a repository of advance directives so that the need to ascertain afresh its genuine nature does not arise at the time of its implementation.
• Issue of ‘’Mind over Body’’: Another dimension arose of issue of mind over body as the Court pointed to the case of renowned physicist Stephen Hawking, who despite the daunting diagnosis of amyotrophic lateral sclerosis, lived till 76 years. Formula One race car driver Michael Schumacher, who is reportedly in a coma for years after a skiing accident, may again wake up.
  Court said there have been cases of “mind over body” and expressed its concern over the issue.

SITUATION IN WORLD REGARDING ADVANCE DIRECTIVE

The techniques and quality standards being used in advance medical directives are comparable in all Western countries. However, each state and country has their own way of dealing with the issue.

UNITED KINGDOM

UK considers the passive euthanasia as illegal and equivalent to manslaughter and does not promote this.

UNITED STATES OF AMERICA

USA has different laws in different states. While some states do not allow for euthanasia and on the other hand, euthanasia is allowed in some states like Washington, Oregon, and Montana. Advance Directive came in the year 1997, in Oregon for the first time a person’s right to end his life was recognized in law.

CANADA

Canada had announced that euthanasia and assisted dying would be allowed for mentally ill patients, however, the decision has been widely criticized.

SWITZERLAND

Switzerland has banned euthanasia but allows assisted dying in the presence of a doctor or physician.

BELGIUM

Belgium allow both euthanasia and assisted suicide (active euthanasia) for anyone who faces “unbearable suffering” that has no chance of improvement.

ISSUES RELATED TO ADVANCE DIRECTIVE

• Execution of the advance directive: The issue arise is related to proper execution of living will as in the advance directive is that no one, not even his next of kin, can force him to put on a ventilator which makes execution of living will very cumbersome.
• Multiple stakeholders: Another issue raised in the involvement of multiple stakeholders in the procedure which makes the process unworkable.
• Implementation of the Directive with reference to future advancements: There is a concern that if a person signs an advance directive today, but when the person is actually afflicted with the disease, there are there are huge advancements in the field of medical sciences and the disease becomes curable and in that case if a person is permitted to refrain from getting treated even when the disease is curable it might be so that they are devaluing the value of life itself.
• Definition of terminal illness: Real challenge lies in defining terminal illness. The ‘definition of terminal illness’ is a grey area in the whole debate of euthanasia. The Second grey area is the ‘definition of death’.
• Issue of privacy and dignity: As advance medical Directive is to be executed in the presence of two attesting witnesses, preferably independent, and countersigned by a Judicial Magistrate of the First Class. This raises the issue of privacy and dignity, which is likely to discourage ordinary citizens from executing advance medical directives.

THE WAY FORWARD

• Death literacy and awareness: Experts believe that there is a need of “death literacy” and awareness among people that will enable them to exercise their right to take charge of their last day.
• Need to be written in a standardized way: Advance medical directives or living wills need to be written in a fairly standardized way so that it does not appear vague and is easy to execute and understandable to ordinary citizens.
• Need of Flexibility: At the same time, the advance directive needs to be flexible in approach, so that medical decisions at critical times can be taken on case to case basis.
• Removal of uncertainty: Common Cause emphasized that these clarifications/ modifications are necessary to remove the uncertainty regarding the withholding or withdrawal of life-sustaining treatment that currently prevails throughout the medical community in India.
• Effective and workable implementation: It is necessary to ensure that the processes for the withholding or withdrawal of life-sustaining treatment are workable and give effect to the tenets of the Supreme Court’s judgment, that is, the right to refuse life-sustaining treatment and to die with dignity.

THE CONCLUSION: There is a need to recognize these documents and encourages their use as a simple legal tool by which people can express their wishes and have them honored. However, formal advance directives are not the only means of expressing such wishes. Both common law and constitutional principles are needed to direct that any authentic, clear expression of patients’ wishes should be honoured if within the scope of generally accepted medical standards.

MAINS QUESTIONS

1. Supreme Court’s recent judgement legalized the concept of advance medical Directive. How it ensured a person’s autonomy and control over their healthcare decision?
2. The right to die with dignity is recognized as a fundamental right in India under Article 21. Explain and compare it with the situations in other countries around the world.

[WpProQuiz 436]

INTERNATIONAL RELATIONS

1. WINDSOR FRAMEWORK

TAGS: PRELIMS-GS-II-INTERNATIONAL RELATIONS

THE CONTEXT:Recently, the United Kingdom and the European Union struck a deal regarding post-Brexit trade rules for Northern Ireland, with a view to remove the border between Britain and Northern Ireland running through the Irish Sea.

THE EXPLANATION:

• The fact that the Republic of Ireland remained with the EU after Brexit led to complications on the trade front, a wrinkle that the U. K.’s conservative government ironed out with the Northern Ireland Protocol.
• However, the Protocol, which allowed EU customs rules to apply across Northern Ireland, led to tensions in the province. The Windsor framework is the latest attempt at a remedy to the political complexities that have impacted trade and sentiments in the area.
• The ‘Windsor Framework’ will replace the Northern Ireland Protocol, which had proved to be among the thorniest of Brexit fall-outs, creating problems both economic and political.

What are the salient features of the Framework:

The framework has two crucial aspects:

• Introduction of a green lane and red lane system – For goods that will stay in Northern Ireland and those that will go to the EU respectively.
• The Stormont Brake – it allows Northern Ireland lawmakers and London to veto any EU regulation they believe affects the region adversely.
• The two-lane system– British goods meant for Northern Ireland will use the green lane at the ports and will be allowed to pass with minimal paperwork and checks.
• Physical checks will be conducted if the goods are deemed suspicious, in place of the routine checks now.
• Goods destined for Ireland or the rest of the EU will have to take the red lane, with the attendant customs and other checks.

The Northern Ireland Protocol:

• The Northern Ireland Protocol is a trading agreement that was negotiated in 2020 between the U.K. and the E.U.
• Under the protocol, both the U.K. and E.U. agreed that the inspection of goods would be conducted between Great Britain and Northern Ireland.
• Northern Ireland remained in the EU single market, and trade-and-customs inspections of goods coming from Great Britain took place at its ports along the Irish Sea.

Issues related to the Northern Ireland Protocol :

• The protocol has led to political division in Northern Ireland.
• The checks made trade between Great Britain and Northern Ireland cumbersome, with food products, especially, losing out on shelf life while they waited for clearance. Some taxation and spending policies of the UK government could not be implemented in Northern Ireland because of EU rules.
• The sale of medicines, too, was caught between different British and EU rules.

2. RAISINA DIALOGUE

TAGS: PRELIMS-GS-II-INTERNATIONAL RELATIONS

THE CONTEXT:Prime Minister recently  inaugurated the eighth edition of the Raisina Dialogue in New Delhi. Italian Prime Minister Giorgia Meloni is the Chief Guest of the three-day Dialogue.

THE EXPLANATION:

The theme of the 2023 Edition is “Provocation, Uncertainty, Turbulence: Lighthouse in the Tempest.”

 About Raisina Dialogue:

• The Raisina Dialogue is a multilateral conference held annually in New Delhi, India. Since its inception in 2016, the conference has emerged as India’s flagship conference on geopolitics and geo-economics. The conference is hosted by the Observer Research Foundation, an independent think tank, in collaboration with the Ministry of External Affairs of India.
• The conference is structured as a multi-stakeholder, cross-sectoral discussion, involving a variety of global policymakers including heads of states, cabinet ministers and local government officials. In addition, the Dialogue also welcomes major private sector executives, as well as members of the media and academia. It is designed on the lines of Singapore’s Shangri-La Dialogue.
• The name “Raisina Dialogue” comes from Raisina Hill, an elevation in New Delhi, seat of the Government of India, as well as the Presidential Palace of India, Rashtrapati Bhavan.

3. PROTON BEAM THERAPY

TAGS: PRELIMS-GS-III- SCIENCE AND TECHNOLOGY

THE CONTEXT:Cancer patients in India face twin challenges when it comes to accessing proton beam therapy (PBT): there are not enough facilities offering the treatment, and the cost can run into tens of lakhs of rupees.

THE EXPLANATION:

• The PBT is considered a viable alternative to radiation for treating solid tumours, especially for head and neck cancers.
• According to hospitals, that it has treated up to 900 patients in its Chennai-based Proton Cancer Centre, of which 47% of cases are brain tumours. Patients with cancers of the prostate, ovaries, breast, lungs, bones and soft tissues have also seen promising results in terms of recovery through proton beam therapy.

ABOUT PROTON BEAM THERAPY:

• Proton beam therapy, is a type of radiation therapy. It uses protons rather than x-rays to treat cancer.
• A proton is a positively charged particle. At high energy, protons can destroy cancer cells. Doctors may use proton therapy alone. They may also combine it with x-ray radiation therapy, surgery, chemotherapy, and/or immunotherapy.
• Unlike radiation which uses X-rays, PBT uses protons to tackle cancer. While radiation can prove toxic to the whole body, protons can destroy cancer cells precisely by targeting tumours, thus saving adjoining organs.

4. INDIA’S FIRST PROSPECTIVE DNA VACCINE

TAGS: PRELIMS-GS-III- SCIENCE AND TECHNOLOGY

THE CONTEXT:In a significant development in DNA vaccination research, India’s first and only DNA vaccine candidate for dengue has shown promising results.

THE EXPLANATION:

• In preliminary trials on mice, the candidate generated a robust immune response and improved survival rates after exposure to the disease.
• According to researchers, the world’s first DNA vaccine—ZyCoV-D, developed by Ahmedabad-based pharmaceutical firm Zydus Cadila—was approved in 2021 for emergency use against COVID-19. Globally, DNA vaccines are being developed for diseases like tuberculosis and chikungunya. Some 19 DNA dengue vaccines are being evaluated, but yet to reach final clinical trials.

What is DNA Vaccine?

• A DNA vaccine is a type of vaccine that transfects a specific antigen-coding DNA sequence into the cells of an organism as a mechanism to induce an immune response.
• DNA vaccines work by injecting genetically engineered plasmid containing the DNA sequence encoding the antigen(s) against which an immune response is sought, so the cells directly produce the antigen, thus causing a protective immunological response.
• DNA vaccines have theoretical advantages over conventional vaccines, including the “ability to induce a wider range of types of immune response”.Several DNA vaccines have been tested for veterinary use.
• In some cases, protection from disease in animals has been obtained, in others not. Research is ongoing over the approach for viral, bacterial and parasitic diseases in humans, as well as for cancers.
• In August 2021, Indian authorities gave emergency approval to ZyCoV-D. Developed by Cadila Healthcare, it is the first DNA vaccine approved for humans.

PRELIMS PERSPECTIVE

5. UNITED NATIONS COMMITTEE ON ECONOMIC, SOCIAL, AND CULTURAL RIGHTS

TAGS: PRELIMS PERSPECTIVE

THE CONTEXT: The representatives of fugitive ‘godman’ Nithyananda’s self-proclaimed country, the United States of Kailasa (USK), attended a discussion conducted by the United Nations Committee on Economic, Social and Cultural Rights (CESCR) recently.

THE EXPLANATION:

About United Nations Committee on Economic, Social, and Cultural Rights:

• The Committee on Economic, Social, and Cultural Rights (CESCR) is the body of 18 independent experts that monitors the implementation of the International Covenant on Economic, Social, and Cultural Rights by its States parties.
• It was established under ECOSOC Resolution 1985/17 in 1985.
• All States parties are obliged to submit regular reports to the Committee on how economic, social, and cultural rights are being implemented.
• States must report initially within two years of accepting the Covenant and thereafter every five years.
• The Committee examines each report and addresses its concerns and recommendations to the State party in the form of “concluding observations”.
• The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, which entered into force in 2013, gives the Committee competence to receive and consider communications from individuals claiming that their rights under the Covenant have been violated.
• The Committee meets in Geneva and normally holds two sessions per year.

Objectives :

• to carry out the monitoring functions assigned to the United Nations Economic and Social Council (ECOSOC) in Part IV of the Covenant.
• Drawing on the legal and practical expertise of its members.
• It also helps States in fulfilling their obligations under the Covenant by issuing specific legislative, policy, and other recommendations so that economic, social, and cultural rights are better protected.

It seeks to:

• develop a constructive dialogue with State parties
• determine whether the Covenant’s norms are being applied in State parties
• assess how the implementation and enforcement of the Covenant could be improved

1. Our soul is Our Chief Executive Officer READ MORE
2. A clear conscience READ MORE

1. Digital technologies can reduce emissions READ MORE
2. Incentivise recycling for e-waste management READ MORE

1. Responsibility of shaping society lies with each of us READ MORE
2. Digitalisation: handle with care READ MORE

1. A message for maturity: On Governors, Chief Ministers and constitutional boundaries READ MORE
2. Politics and ideology within the portals of the judiciary READ MORE
3. Opinion: The basic structure doctrine is a poor fix for a flawed Constitution READ MORE

(Newspapers, PIB and other important sources)

Prelim and Main

1. Government e-Marketplace (GeM) commemorates the success of “SWAYATT”, an initiative to promote Start-ups, Women and Youth Advantage through e-Transactions on GeM READ MORE  
2. Stage-II of GRAP rolled back as overall AQI of Delhi improves READ MORE
3. India calls upon G20 countries for faster extradition of fugitive economic offenders READ MORE
4. India’s jobless rate rose to 7.45% in Feb.: CMIE READ MORE
5. Two Australian public universities to set up campuses in GIFT City READ MORE
6. Anti-defection law applies even if a faction splits from a party: Supreme Court at Shiv Sena hearing READ MORE
7. Export credit falls 39.2% as global demand declines READ MORE
8. Covid-19 of ‘natural origin’ or ‘lab leak’? A tale of two theories READ MORE
9. Horn of Africa has entered 6th consecutive wet season with no rain: UNHCR READ MORE
10. Indigenous knowledge: Australian Aboriginal fire practices can help protect koalas from bushfires, study finds READ MORE

Main Exam

GS Paper- 1

1. A thumbs down for the ‘Adopt a Heritage’ scheme READ MORE
2. Responsibility of shaping society lies with each of us READ MORE
3. Digitalisation: handle with care READ MORE

GS Paper- 2

POLITY AND GOVERNANCE

1. A message for maturity: On Governors, Chief Ministers and constitutional boundaries READ MORE
2. Politics and ideology within the portals of the judiciary READ MORE
3. Opinion: The basic structure doctrine is a poor fix for a flawed Constitution READ MORE

SOCIAL ISSUES

1. Govt schools need urgent fixing READ MORE

INTERNATIONAL ISSUES

1. G20: India’s platform for global leadership READ MORE
2. US, China and Global South in a ‘Bi-Multipolar’ World READ MORE

GS Paper- 3

ECONOMIC DEVELOPMENT

1. A story of resilience: GDP data shows pandemic impact is less severe than feared. Monetary policy should decouple from US Fed READ MORE
2. GDP growth numbers: No surprises READ MORE
3. Capital investment vs social neglect: Budget debate needs outcome evidence, public access to data READ MORE
4. India’s economic rise is not translating into a rise in city liveability READ MORE

SCIENCE AND TECHNOLOGY

1. Life and times of India’s science Nobel Laureate READ MORE

ENVIRONMENT AND ECOLOGY

1. Digital technologies can reduce emissions READ MORE
2. Incentivise recycling for e-waste management READ MORE

SECURITY

1. Cyberattacks are rising, but there is an ideal patch READ MORE
2. Dealing with the cyber threats READ MORE

DISASTER MANAGEMENT

1. Lessons from Turkey: How to make India earthquake prepared READ MORE

GS Paper- 4

ETHICS EXAMPLES AND CASE STUDY

1. Our soul is Our Chief Executive Officer READ MORE
2. A clear conscience READ MORE

Questions for the MAIN exam

1. Digitalisation is inevitable, but it must be adopted only after proper ‘digital literacy’. Critically comment with reference to the technological advancement in recent times.
2. Despite efforts to ensure their wellbeing, the Adivasi community remains one of the most deprived in India. In light of this statement critically analyse the steps taken by Government of India to address the issues of Adivasi community.

QUOTATIONS AND CAPTIONS

• Strategy is not the consequence of planning, but the opposite: its starting point.
• The post of the Governor, a relic of the colonial era, often becomes a fifth wheel and a clog to democratic governance, when provincial autonomy is diluted, or an elected government is derailed.
• Federalism is an integral part of the basic structure of our Constitution, and it is intertwined inextricably with the unity and integrity of the nation.
• Despite recommendations of the Sarkaria and Venkatachaliah Commissions, active party politicians have been appointed as Governors. There are instances of young party loyalists being appointed as Governors who were later sworn in as Ministers in the States.
• A look at the estimated receipt and expenditure position of Budget 2023-24 would make it clear that the Government is consciously ignoring the fiscal consolidation measures enunciated in the last year’s budget.
• The judicial system ought not to enjoy unfettered freedom in the name of the independence of the judiciary.
• There is a need for a reformed mechanism for the appointment of judges to the constitutional courts where the judiciary and executive could amicably come to the conclusion.
• The rule of law requires that law be applied consistently & impartially.
• Smart technologies and solutions thus have the potential to alter the entire value chain of businesses across industries.
• Digitalisation is inevitable, but it must be adopted only after proper ‘digital literacy’; end users must be made aware of its drawbacks.
• A country that is fast emerging as a global leader cannot afford to let an unhealthy preoccupation with the past cast a shadow on its promising future.
• Technical and operational gaps leading to inclusion or exclusion errors must be plugged to ensure the money reaches the intended beneficiaries.
• Reducing the inevitable negative impact of conflicts between major powers on the forum will be a diplomatic achievement for Delhi in G20.

50-WORD TALK

• Russia has become the new thorn in G20 just like Pakistan is in SAARC. The failure of the G20 Finance Ministers’ meeting to come out with a joint communique is a setback. India cannot afford ambiguity and division under its presidentship, especially when it’s looking to be a global power.
• India’s Q3 GDP growth slowing further to 4.4% is something policymakers should seriously take note of. RBI’s monetary policy has placed inflation-management at the fore, but this needs a rethink given the poor growth numbers. With the bulk of inflation being imported, high interest rates will only further depress growth.

Things to Remember:

• For prelims-related news try to understand the context of the news and relate with its concepts so that it will be easier for you to answer (or eliminate) from given options.
• Whenever any international place will be in news, you should do map work (marking those areas in maps and exploring other geographical locations nearby including mountains, rivers, etc. same applies to the national places.)
• For economy-related news (banking, agriculture, etc.) you should focus on terms and how these are related to various economic aspects, for example, if inflation has been mentioned, try to relate with prevailing price rises, shortage of essential supplies, banking rates, etc.
• For main exam-related topics, you should focus on the various dimensions of the given topic, the most important topics which occur frequently and are important from the mains point of view will be covered in ED.
• Try to use the given content in your answer. Regular use of this content will bring more enrichment to your writing.

THE CONTEXT: The appointment of Mr. Justice S. Abdul Nazeer, former judge of the Supreme Court, as the Governor of Andhra Pradesh and the reshuffling of governors in some states seemed to raise the question of cooling off period for government officials once again. In this regard, this article will discuss various provisions related to the cooling off period of government officials, its need and issues related and measures that need to be taken to ensure the transparency and independence of the government institutions.

WHY IS THE APPOINTMENT OF JUSTICE S. ABDUL NAZEER OBJECTIONABLE?

• Appointment of former Supreme Court judge S Abdul Nazeer as the governor of Andhra Pradesh, within 40 days of his retirement from the top court drew mixed reactions.
• Justice Nazeer was involved in several cases that were of importance to the current Union government, including the Ayodhya title suit and he also headed the bench that upheld the Centre’s demonetisation policy of November 2016 and was also part of a constitution bench that held no further restriction can be added to the right to free speech under Article 19(1)(a) of the Constitution.
• Although, there is no provision in law restricting a retired top court judge from holding the post of a governor and it is not the first time that a former Judge of the Supreme Court has been appointed as the Governor of a state but this is the first time that a former Judge of the Supreme Court has been appointed so soon after his or her retirement.
• A longer cooling-off period can help to avoid criticism and help rebuild the trust.

VARIOUS PROVISIONS RELATED TO THE COOLING-OFF PERIOD OF GOVERNMENT OFFICIALS

WHAT IS THE COOLING-OFF PERIOD?

• Cooling off period refers to a period during which an employee is prohibited from securing commercial employment before completion of one year from the date of retirement without the approval of the central government.
• Post-retirement commercial employment for the three All India Services (IAS, Indian Police Service, and Indian Forest Service) is covered under the AIS Death-cum-Benefits Rules, and for the Central Civil Services under the CCS (Pension) Rules.
• Rule 9 of the CCS (Pension) Rules states that “if a pensioner who, immediately before his retirement, was a member of Central Service Group ‘A’ wishes to accept any commercial employment before the expiry of one year from the date of his retirement, he shall obtain the previous sanction of the government to such acceptance”.
• Rule 26 of the AIS Death-cum-Benefits Rules similarly restricts a pensioner from commercial employment for one year after retirement, except with government sanction.
• Non-compliance with these rules can lead to the government declaring that the employee “shall not be entitled to the whole or such part of the pension and for such period as may be specified.

WHAT DOES “POST-RETIREMENT COMMERCIAL EMPLOYMENT” INCLUDE?

• Employment in any capacity including that of an agent, under a company, co-operative society, firm or individual engaged in trading or business (this does not include “employment under a body corporate, wholly or substantially owned or controlled by the Central Government or a State Government)”.
• Setting up practice, either independently or as a partner of a firm, as adviser or consultant in certain matters specified under the rules, including matters that are relatable to the pensioner’s official knowledge or experience.

WHEN DOES A GOVERNMENT ALLOW OR TURN DOWN SUCH REQUESTS FROM PENSIONERS?

The CCS (Pension) Rules specify several factors for the government to consider while granting or refusing permission; these include:

• Whether a “no-objection” for the proposed employment has been obtained from the cadre controlling authority and from the office where the officer retired
• Whether the officer has been privy to sensitive or strategic information in the last three years of service that is directly related to the work of the organization he proposes to join.
• Whether there is conflict of interest between the policies of the office he has held in the last three years and the interests/work of this organization;
• Whether this organization has been in conflict with or prejudicial to India’s foreign relations, national security and domestic harmony
• Whether the organization he proposes to join is undertaking any activity for intelligence gathering.
• According to these rules, “conflict of interest” does not include normal economic competition with the government or its undertakings”.

WHAT ABOUT GOVERNMENT SERVANTS JOINING POLITICS AFTER RETIREMENT?

• While in service, the Conduct Rules bar government servants from being associated with any political party or organization, and from taking part in or assisting any political activity. An amendment on November 27, 2014, added a few clauses to Rule 3(1), one of which read: “Every government employee shall at all times maintain political neutrality and commit himself to and uphold the supremacy of the Constitution and democratic values”.
• There is no rule, however, to stop government servants from joining politics after retirement. In 2013, the Election Commission had written to the Department of Personnel and Training (DoPT) and Ministry of Law, suggesting a cooling-off period for bureaucrats joining politics after retirement, but it was rejected. The Legislative Department of the Ministry of Law advised that any such restriction may not stand the test of valid classification under Article 14 of the Constitution, and the DoPT told the EC that its suggestions might not be appropriate and feasible.

IS A RETIRED GOVERNMENT SERVANT RESTRICTED FROM TAKING UP EMPLOYMENT?

• Rule 26, Death-cum-Retirement Benefits Rules, restricts a pensioner from any commercial employment for one year after retirement, except with the previous sanction of the central government. Non-compliance can lead the central government to declare that the employee “shall not be entitled to the whole or such part of the pension and for such period as may be specified”.
• This cooling-off period was two years until 2007 when an amendment reduced it to one year.

WHY IS THERE A NEED OF A COOLING-OFF PERIOD FOR GOVERNMENT OFFICIALS

TO ELIMINATE THE CHANCE OF GRAVE MISCONDUCT

As post-retirement acceptance of job offers by ex-government officials without observing the cooling-off period can lead to grave misconduct on their part, there is a need of cooling-off period.

BUILDING PUBLIC PERCEPTION

To preserve the integrity of retired officer in eyes of public, there is need of cooling off period as by cooling off period, government officials can prove their impartiality which builds public perception.

ETHICAL CONSIDERATION

There is a need to consider the ethical consideration of government officials towards the government institution and the cooling off period ensures the same.

MAINTAINING THE INDEPENDENCE OF THE INSTITUTION

Government officials need a cooling off period to maintain the independence of institutions and separation of powers.

PREVENT THE MISUSE OF CONFIDENTIAL INFORMATION

If there is no cooling-off period there is a high chance of misuse of confidential information during commercial employment and a long cooling off period may render confidential information outdated.

MINIMIZATION OF CONFLICT OF INTEREST

Cooling off period ensures the minimization of conflict of interest between government officials and institutions.

ISSUES RELATED TO THE COOLING-OFF PERIOD

• Less incentive: Generally, government official get less pay and incentives that somehow encourages them to take up commercial employment post-retirement.
• Opportunist tendencies: Bureaucrats do not plan for an active retirement and fear the prospect of unstructured time and rather than welcome it as an opportunity to develop new hobbies and interests, they get lured by commercial benefits.
• Absence of a uniform and defined procedure: As there is the absence of uniform and defined procedure for cooling off period and the cumbersome process asfor obtaining vigilance clearance before engaging of retired government officials by government organizations sometimes led to hiring of officials with tainted past and pending cases, vigilance body said such a situation not only triggered unnecessary allegations of favouritism, but was also against the tenets of fairness and probity.
• Carrot and Stick policy: Bulk of post-retirement appointments appears to be furtherance of carrot and stick policy by executive as used by executive to lure the government officials for their own benefits.
• Neutrality and integrity: There is concern related to the neutrality and integrity of government officials if there is no proper cooling off period that hampers the institutions’ functioning.

THE WAY FORWARD

• Need of high-calibre professionalism: Government officials need to show high calibre professionalism by properly following guidelines of cooling off period.
• Need to formulate uniform guidelines: All government organizations need to formulate uniform rules or guidelines to make the cooling-off period mandatory for all retired officers besides requiring them to seek prior nod for accepting private employment during such cooling off period.
• Penalty in case of violation: It is directed that government need to tweak the applicable service and conduct rules so that appropriate action can be initiated in case of violation of this cooling-off period.
• Need of Transparency: There is a need for a transparent procedure for engaging retired government officers to provide them with equal opportunity to all those willing to offer their services such as the post to be filled up on contractual/consultancy basis should at advertised on the website of the organization and put it on public domain.
• Raising the retirement age: Fifth Central Pay Commission (1997) recommended raising the retirement age, citing increased life expectancy, alignment with worldwide trends and to enable those who join the government late, particularly from disadvantaged sections of society, to complete the qualifying service needed to reach the maximum pension limit. It also observed that the impact on employment status would be marginal and that the government would save a considerable sum due to the postponement of retirement benefits for two years.

WHAT ARE THE RECOMMENDATIONS OF VARIOUS COMMITTEES/COMMISSIONS

LAW COMMISSION RECOMMENDATIONS

• Law Commissions have consistently maintained that government officials accepting commercial employment was undesirable. It had felt that this could affect independence.

SC VIEW IN NIXON M JOSEPH V. UNION OF INDIA, 1998

• SC itself has accepted that post-retirement appointment of judges in tribunals is a “scar” on the independence of the judiciary.

RM LODHA PANEL RECOMMENDATIONS

• Before a judge retires, the government should ask him whether he wanted to be a pensioner or continue to draw his existing salary.
• Once he opts for pension, he should not have any engagement or post under the government.
• Once a judge opted for full salary, that name should be put in a panel.
• When a vacancy arises, appoint the man in consultation with the CJI, with the government’s consultation.

THE CONCLUSION: Government officials need mandatory cooling-off period before taking up any commercial employment as it should remain in force as the benefits of keeping confidential information safe and minimizing conflict of interest is much larger than the potential career autonomy of these government officials. However, some policy changes can be introduced to reduce cost of the cooling off period but there is a need of laying down of proper rules to to ensure its effectiveness.

MAINS QUESTIONS
1. To maintain the accountability and independence of the government officials, there is a need for a mandatory cooling off period. Justify.
2. Discuss various provisions related to the cooling off period related to government officials and issues related and suggest measures to ensure the same.

[WpProQuiz 435]

GEOGRAPHY

1. INDIA’S IRON AND STEEL INDUSTRY IS CAPABLE OF EMITTING LESS AND PRODUCING MORE: CSE

TAGS: PRELIMS PERSPECTIVE- GS-I- GEOGRAPHY

THE CONTEXT:India’s iron and steel sector can produce less emissions and increase its output at the same time, according to a new analysis released by Delhi-based non-profit, Centre for Science and Environment (CSE).

THE EXPLANATION:

• The iron and steel industry is an emission-intensive sector. According to the new study shows it is possible to bring down carbon dioxide (CO2) emissions from our iron and steel sector drastically by 2030, while more than doubling India’s output of steel. We can emit even less than what we do today. But this will need planning, technology and adequate funds.
• The analysis also gave a number of recommendations to achieve these twin goals. These included switching over to cleaner fuels, increasing the use of steel scrap, implementing carbon capture utilisation and storage (CCUS) and organising finance for a switchover to new fuels and technologies.
• The iron and steel sector is a hard-to-abate sector in terms of greenhouse gas (GHG) emissions; at the same time, it is a critical contributor to the economic development of the country. Globally, the sector accounts for some 7 per cent of total GHG emissions; in India, the sector’s share is 5 per cent (as per the latest Biennial Update Report (BUR) submitted to UNFCCC in 2016).

PRELIMS PERSPECTIVE:

2. HEATWAVES LIKELY FROM MARCH TO MAY: IMD FORECAST

TAGS: PRELIMS PERSPECTIVE- GS-I- GEOGRAPHY

THE CONTEXT: According to India Meteorological Department (IMD),Heatwaves during March-May are likely in most parts of India, except for the northeastern States, Jammu and Kashmir, Uttarakhand, Himachal Pradesh, Kerala and coastal Karnataka.

THE EXPLANATION:

• The study also shows, accentuating the heat is the lack of rainfall. “Below normal rainfall is most likely over most areas of northwest India, west central India and some parts of east & northeast India. Normal to above normal rainfall is likely over most parts of peninsular India, east central India and some isolated pockets of northeast India”.
• February temperature hit record levels, with many parts of north and western India reporting 35-39 degree Celsius, or about 3-5 degrees above what is normal for this time of the year, and the IMD’s latest advisory suggests that these conditions are likely to persist over the coming months.
• Currently, La Nina conditions— or below normal temperatures— are prevailing over the equatorial Pacific region. The La Nina is likely to weaken and turn to El Nino Southern Oscillation (ENSO), ‘neutral conditions’ during the pre-monsoon season, the IMD forecast noted. La Nina conditions are associated with better monsoon rains with El Nino conditions linked to reduced monsoon rains, particularly in northwest India.
• La Nina conditions have persisted for nearly three years leading to above normal rains in India since 2019. La Nina and El Nino conditions are cyclical in nature and while El Nino conditions are expected to emerge, a full picture can emerge only after March when global climate models can better capture such changes.
• The elevated temperatures threaten wheat yields with the IMD last week issuing advisories to farmers to either irrigate or initiate soil treatment to conserve moisture.

VALUE ADDITION:

What is La Nina?

• La Niña is a climate pattern that describes the cooling of surface-ocean waters along the tropical west coast of South America. La Niña is considered to be the counterpart to El Niño, which is characterized by unusually warm ocean temperatures in the equatorial region of the Pacific Ocean.
• Together, La Niña and El Niño are the “cold” (La Niña) and “warm” (El Niño) phases of the El Nino-Southern Oscillation (ENSO). ENSO is series of linked weather- and ocean-related phenomena. Besides unusually warm or cool sea-surface temperatures, ENSO is also characterized by changes in atmospheric pressure.

INTERNATIONAL RELATIONS

3. FATF SUSPENDS RUSSIA’S MEMBERSHIP OVER UKRAINE WAR

TAGS: PRELIMS PERSPECTIVE- GS-II- INTERNATIONAL RELATIONS

THE CONTEXT: Recently, the global anti-money laundering watchdog the Financial Action Task Force (FATF) has suspended Russia’s membership over the Ukraine war.

THE EXPLANATION:

About FATF:

• The Financial Action Task Force (FATF) is the global money laundering and terrorist financing watchdog. The inter-governmental body sets international standards that aim to prevent these illegal activities and the harm they cause to society. As a policy-making body, the FATF works to generate the necessary political will to bring about national legislative and regulatory reforms in these areas.
• The 39-member body sets international standards to ensure national authorities can effectively go after illicit funds linked to drugs trafficking, the illicit arms trade, cyber fraud and other serious crimes.
• The FATF was created in 1989 at the behest of the G7 and is headquartered in Paris.
• In total, more than 200 countries and jurisdictions have committed to implement the FATF’s Standards as part of a co-ordinated global response to preventing organised crime, corruption and terrorism.
• On June 25, 2010 India was taken in as the 34th country member of FATF. Therefore, India is not founding member of FATF.

PRELIMS PERSPECTIVE

4. YELLOW RIVER

TAGS: PRELIMS PERSPECTIVE

THE CONTEXT:  A recent study has noted that the Chinese practice of building embankments is one of the reasons to blame for the devastating floods occurring in the “Yellow river”.

THE EXPLANATION:

About Yellow River:

• The Yellow River (Huang He) is the second longest river in China (after the Yangtze).
• It’s the fifth-longest river in the world.
• Source: The Bayankala Mountains on the Plateau of Tibet in western central China.
• Mouth: southern Bohai Sea
• Claims to fame: world’s muddiest major river, “China’s cradle (of civilization)”
• Provinces flowed through: Qinghai, Sichuan, Gansu, Ningxia, Inner Mongolia, Shaanxi, Shanxi, Henan, and Shandong
• Tributaries: Black River, White River, Tao River, Huangshui, Fen River, Luo River, Wei River.
• The name “Yellow River” comes from the huge amounts of “yellow” loess sediment it carries, which are eroded when it flows through the Loess Plateau.
• Hukou Waterfall on it is the second-largest waterfall in China.

5. EXERCISE DESERT FLAG

TAGS: PRELIMS PERSPECTIVE- GS-II- INTERNATIONAL RELATIONS

THE CONTEXT: For the first time, India’s indigenously made light combat aircraft Tejas is participating in an international multilateral air exercise – Exercise Desert Flag VIll – in the UAE, reflecting India’s increasing efforts at showcasing the jet on the world stage.

THE EXPLANATION:

About Exercise Desert Flag:

• Exercise Desert Flag is a Multilateral air exercise which will see participation from the air forces of the UAE, France, Kuwait, Australia, the UK, Bahrain, Morocco, Spain, the Republic of Korea, and the US.
• The objectives for the exercise were to expose coalition participating forces to large force employment, sharpen tactical capabilities, and enhance interoperability along with fostering closer relations between the participating forces.
• The Indian Air Force (IAF) participated in the exercise for the first time in Exercise Desert Flag-VI (2021).

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