THE CONTEXT: The Supreme Court of India issued a contempt notice against Patanjali Ayurved for publishing misleading advertisements in violation of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, despite the company’s assurance to the Court in November 2023 that it would refrain from such practices. The Court threatened Patanjali’s co-founder Baba Ramdev with perjury proceedings. It blamed the government for turning a blind eye to the company’s claims, including promoting Coronil as a “cure” for COVID-19 during the pandemic.

ISSUES:

• Contempt of Court by Patanjali Ayurved: The Supreme Court of India issued a contempt notice to Patanjali Ayurved for publishing misleading advertisements that claimed their products could cure various diseases, which violated the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954. This was despite the company’s previous assurance to the Court that it would not engage in such practices.
• Government Inaction: The government did not take sufficient action to inform the public that Patanjali’s product, Coronil, was not a cure for COVID-19 but merely a supporting measure. The presence of Union Ministers at a Patanjali press conference in 2021 lent credibility to the company’s claims about Coronil.
• False Advertising During the Pandemic: Patanjali was accused of promoting its products as a panacea during the COVID-19 pandemic, a blatant violation of the Act.
• Defiance of Court Orders: Despite a warning from the Court on November 21, 2023, not to advertise permanent cures and the threat of a penalty, Patanjali continued to defend and promote its products, including holding a press conference the day after the Court’s warning and issuing newspaper advertisements in December and January.
• Potential Government Support: Patanjali’s continued defiance and misleading advertising could be due to tacit support from the government, mainly as the company is based in Uttarakhand, where the government may have interests.
• Public Health Risks: The danger of allowing commercial interests to take precedence over public health and safety, emphasizing that government favoritism in health and medicine can have severe and harmful consequences.

THE WAY FORWARD:

• Strict Adherence to Court Orders: The Supreme Court has already taken a significant step by issuing a contempt notice to Patanjali Ayurved and its associates for violating previous court orders. A solution is to enforce these orders strictly, with penalties for non-compliance, as was done in the case of Patanjali.
• Ministry Oversight: The Ministry of Ayush and other relevant government bodies must proactively monitor and regulate advertisements to prevent misleading claims. This includes taking urgent action and self-monitoring as urged by the Supreme Court.
• Consumer Awareness Campaigns: Government and non-governmental organizations can run campaigns to educate the public about the importance of evidence-based medicine and the risks associated with believing in unverified health claims.
• Transparency in Research: Companies like Patanjali should be encouraged or mandated to publish peer-reviewed research to support their claims, as the Supreme Court asked Patanjali to produce research evidence.
• Regulatory Action: The Federal Trade Commission (FTC) in the United States has a history of acting against companies making unsubstantiated health claims. For instance, in 2016, the FTC reached settlements with four companies marketing weight-loss products with unsupported claims.
• Legal Action: In 2009, the UK’s Advertising Standards Authority (ASA) banned a L’Oréal makeup advertisement for being misleading, demonstrating the role of legal bodies in regulating false advertising.
• Partnerships for Self-Regulation: Industry stakeholders can form self-regulatory bodies, such as the Advertising Standards Council of India (ASCI), which can set ethical advertising standards and adjudicate complaints against misleading advertisements.

THE CONCLUSION:

The solutions to the issues raised by the misleading advertisements of Patanjali Ayurved involve a combination of strict legal enforcement, proactive regulatory actions, public awareness campaigns, transparency in research, and collaboration between various stakeholders. By implementing these solutions, it is possible to protect consumers from false health claims and uphold the integrity of the healthcare industry.

UPSC PAST YEAR QUESTIONS:

Q.1 What is the primary (principle behind vaccine development? How do vaccines work? What approaches were adopted by the Indian vaccine manufacturers to produce COVID-19 vaccines? 2022

Q.2 The COVID-19 pandemic has caused unprecedented devastation worldwide. However, technological advancements are readily available to overcome the crisis. Give an account of how technology was sought to aid pandemic management. 2020

MAINS PRACTICE QUESTION:

Q.1 Discuss the Supreme Court’s recent actions against Patanjali Ayurved for publishing misleading advertisements and analyze the government’s role and responsibility in addressing such violations of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954.

SOURCE:

https://www.thehindu.com/opinion/editorial/dangerous-game-on-patanjali-ayurveds-claims/article68024468.ece

THE CONTEXT: India’s foreign policy and strategic orientation have undergone significant transformations over the last decade. There has been a notable shift towards engaging with island states and territories, embracing the Indo-Pacific concept, and expanding its geopolitical vocabulary to include regions like Eurasia and Europe. This shift reflects India’s evolving strategic priorities and response to global geopolitical dynamics.

 ISSUES:

• Embracing the Indo-Pacific: The Indo-Pacific concept, initially met with skepticism in India as an “American plot,” has become a central element of India’s strategic discourse. Deteriorating relations with China and a growing partnership with the United States influenced this shift. The Indo-Pacific strategy emphasizes maritime orientation and includes the Quad alliance with Australia, Japan, and the US.
• Island Focus: India’s strategic focus has expanded to include significant engagement with island states across the Indo-Pacific region. This includes heightened attention to the Maldives, engagement with Papua New Guinea, infrastructure development in Mauritius, collaboration with Australia, and development projects in the Andaman and Lakshadweep islands.
• Eurasian Engagement: While the Indo-Pacific represents India’s maritime strategic interests, Eurasia highlights its continental focus. India’s engagement with the Shanghai Cooperation Organisation (SCO) underscores its interest in Eurasia, driven by long-standing ties with Russia and the quest for a multipolar world.
• European Relations: The last decade has seen a significant increase in India’s engagement with Europe, marked by numerous high-level exchanges, growing trade, and strategic partnerships. Europe has emerged as a critical region in India’s foreign policy, with India recognizing the continent’s diversity and the importance of various European regions.
• Beyond Traditional Regions: India’s strategic imagination has broadened, moving beyond traditional regional concepts to embrace new geographies like Zomia and Khorasan. These regions represent areas of strategic interest due to their geopolitical significance and the challenges they pose.
• Zomia and Khorasan: The focus on Zomia reflects concerns over centralized state control and the potential for a political vacuum in areas with weak state presence. Khorasan’s significance arises from its historical context and the contemporary challenges of extremist groups and regional instability.

THE WAY FORWARD:

• Enhanced Cooperation with Island Nations: India should continue to deepen its strategic and economic ties with island nations across the Indo-Pacific. This includes not only military and security cooperation but also investment in infrastructure, climate resilience, and sustainable development projects.
• Joint Maritime Initiatives: India could spearhead or participate in more joint maritime initiatives aimed at ensuring freedom of navigation, combating piracy, and enhancing maritime domain awareness. Collaborative efforts in humanitarian assistance and disaster relief (HADR) operations can bolster India’s position as a responsible naval power.
• Active Engagement in the Quad: India should leverage the Quad as a platform for promoting a free, open, and inclusive Indo-Pacific region. This involves not only security cooperation but also collaboration in areas like vaccine diplomacy, critical technologies, and infrastructure development.
• Building Regional Consensus: India could work towards creating a broader consensus on the Indo-Pacific vision, engaging with ASEAN and other regional players to ensure that the concept is inclusive and respects the sovereignty and interests of all stakeholders.
• Diversifying Partnerships in Europe: India should continue to diversify its partnerships within Europe, engaging with different regional blocs and countries based on shared interests in trade, technology, climate action, and security.
• Strategic Connectivity Projects: India could explore new connectivity projects linking it with Europe through the Middle East, potentially revitalizing the International North-South Transport Corridor (INSTC) and exploring new routes that enhance trade and people-to-people ties.
• Sub-Regional and Trans-Regional Cooperation: Given SAARC’s limitations, India should focus on strengthening sub-regional groupings like BIMSTEC and engaging in trans-regional cooperation that includes Southeast Asia and the Indian Ocean region. India must develop and engage bilaterally with its neighbors, focusing on economic cooperation and infrastructure development and addressing security concerns through dialogue and collaboration.
• Engagement with Borderland Regions: India should closely monitor developments in the Zomia and Khorasan regions and engage with relevant countries and international organizations to support stability, development, and counter-terrorism efforts. India could offer strategic and humanitarian assistance to countries in these regions, helping to address the root causes of unrest and supporting efforts towards peace and stability.

THE CONCLUSION:

India’s foreign policy audit reveals a strategic pivot towards maritime orientations and a redefined regional engagement strategy. Addressing the identified issues requires a multifaceted approach that combines strategic partnerships, regional cooperation, and active engagement in emerging geopolitical landscapes.

UPSC PAST YEAR QUESTIONS:

Q.1) Do you think BIMSTEC is a parallel organization like the SAARC? What are the similarities and dissimilarities between the two? How are Indian foreign policy objectives realized by forming this new organization? 2022

Q.2) The newly tri-nation partnership AUKUS aims to counter China’s ambitions in the Indo-Pacific region. Is it going to supersede the existing alliances in the area? Discuss the strength and impact of AUKUS in the present scenario.  2021

Q.3) Quadrilateral Security Dialogue (Quad)’ is transforming itself into a trade bloc from a military alliance in present times – Discuss. 2020

MAINS PRACTICE QUESTION:

Q.1) Discuss how India’s strategic imagination of the world’s regions has evolved over the last decade and how this has impacted its foreign policy priorities and engagement with various geographies.

SOURCE:

https://indianexpress.com/article/opinion/columns/elites-need-listen-margins-9248267/

THE CONTEXT: Recent controversies have highlighted the deep-rooted misogyny in Indian politics. Women politicians face character assassination, gendered insults, and limited power-sharing. Despite increasing presence, women encounter patriarchal attitudes across sectors.

ISSUES:

• Deep-rooted Misogyny in Politics: The political arena in India is described as supremely misogynistic and hostile to women, with instances of vulgar social media posts and public aspersions casting a spotlight on the issue. Despite laws providing for women’s reservations in legislatures, politics remains dominated by male networks, and women struggle to break the glass ceiling.
• Character Assassination and Gendered Insults: Women in politics face character assassination and are often subjected to gendered insults and mockery, both by political opponents and the media. This includes derogatory comments about their appearance, personal life, and capabilities, which are not similarly directed at male politicians.
• Limited Power Sharing with Women: Despite political parties seeking women’s votes and making declarations about women’s empowerment, there is a reluctance to share real power with women. The ruling party’s disregard for complaints of sexual harassment by women Olympic medal winners highlights this issue.
• Challenges for Women Leaders: Women who have risen to leadership positions often had the support of powerful men or came from influential families, with Mamata Banerjee being a notable exception. Women leaders face dreadful insults and are held to different standards than their male counterparts.
• Stereotyping and Gender Apartheid in Media Representation: The media often stereotypes women leaders, focusing on their appearance and personal traits rather than their political achievements. This contributes to a culture of gender apartheid, where women are not taken as seriously as men in politics.
• Barriers to Women’s Political Ambitions: Women politicians who attempt to carve out their identity or aim for top positions are often labeled “rebels” and face barriers within their parties. Even competent women leaders must temper their aspirations due to an invisible boundary that limits their rise in politics.
• Misogyny Beyond Politics: The issue of misogyny extends beyond politics into society at large, with women facing challenges in the workforce, safety concerns, and harassment on social media. Despite increasing presence in various fields, women still encounter patriarchal attitudes.

THE WAY FORWARD:

• Legislative Reforms and Reservation of Seats: Implementing and enforcing legislative reforms that ensure a certain percentage of seats are reserved for women in legislative bodies can significantly increase women’s representation in politics. This approach has been suggested as one of the most effective ways to ensure women’s effective representation.
• Education and Training Programs: It is crucial to conduct education and training programs for women to empower them to participate in politics. These programs can help build confidence, skill sets, and an understanding of the political landscape, making women more equipped to navigate and succeed in political arenas.
• Addressing Violence and Harassment: Creating safe and inclusive political spaces is essential to encourage more women to enter and stay in politics. This includes addressing and preventing violence and harassment, both physical and online, against women in politics.
• Changing Societal Perceptions: Combatting gender bias within political parties and society is necessary. This involves challenging and changing the perception that women are not suited for leadership or certain political positions.
• Promoting Gender Equality in Decision Making: Encouraging women’s participation in politics makes a difference, as women bring different views, talents, and perspectives that help shape the political agenda. Changes in how parliaments operate, such as improvements in language, behavior, and issue prioritization, reflect the positive impact of women’s presence.
• Global and National Initiatives: Supporting initiatives aimed at strengthening parliamentary democracy and involving the political leadership of both men and women in efforts to eliminate all forms of violence against women and promote gender equality.
• Cultural Shifts: Emphasizing the importance of gender equality from an artistic perspective, recognizing the strength and capabilities of women as leaders, and challenging traditional roles that limit women’s participation in politics.

THE CONCLUSION:

The fight against misogyny in Indian politics is far from over. It requires more representation, legislative reforms, and societal shifts. Empowering women in politics is crucial to a genuinely inclusive democracy.

UPSC PAST YEAR QUESTIONS:

Q.1) What are the continued challenges for women in India against time and space? 2019

Q.2) The reservation of seats for women in the institutions of local self-government has had a limited impact on the patriarchal character of the Indian Political Process.” Comment. 2019

Q.3) Which steps are required for the constitutionalization of a Commission? Do you think imparting constitutionality to the National Commission for Women would ensure greater gender justice and empowerment in India? Give reasons. 2020

Q.4) Is the National Commission for Women able to strategize and tackle the problems that women face in both public and private spheres? Give reasons in support of your answer. 2017

Q.5) Though women in post-independent India have excelled in various fields, the social attitude towards women and the feminist movement has been patriarchial.” Apart from women’s education and women empowerment schemes, what interventions can help change this milieu? 2021

MAINS PRACTICE QUESTION:

Q.1) Despite laws mandating reservation for women in legislative bodies, Indian politics continues to be marred by deep-rooted misogyny and underrepresentation of women. Critically analyze the reasons behind this phenomenon and suggest measures to create an enabling environment for greater political participation of women in India.

SOURCE:

https://www.deccanherald.com/opinion/even-visible-women-find-it-hard-to-break-the-glass-ceiling-2962538

THE CONTEXT: The dispute over Katchatheevu, an uninhabited island ceded to Sri Lanka by India in 1974, has led to ongoing tensions, particularly affecting the fishermen of Tamil Nadu. These fishermen face arrests and harassment by the Sri Lankan Navy, claiming their livelihoods are under threat due to restricted access to traditional fishing grounds. The BJP, aiming to address these issues, has proposed various solutions, including diplomatic negotiations to restore fishing rights without challenging Sri Lanka’s sovereignty over the island.

ISSUES:

• Historical Context and Sovereignty: The historical context of the sovereignty over Katchatheevu is complex. Documents from an RTI query indicate that Indian leadership before the 1974 and 1976 agreements recognized that India had no strong claim over the territory. The islet was part of the zamindari of the Raja of Ramanathapuram since 1803, but historical facts seemed to favor Sri Lanka’s claim.
• Stance of Indian Governments: The Congress-led UPA government and the BJP-led NDA regime have recognized Katchatheevu as part of Sri Lanka. The MEA has informed the Rajya Sabha that Katchatheevu lies on the Sri Lankan side of the IMBL, and an MEA affidavit in the Madras High Court stated that sovereignty over Katchatheevu is a settled matter.
• Supreme Court Involvement: The current government has been telling Parliament that the matter relating to the islet is sub judice as before the Supreme Court.
• Congress and DMK’s Role: Questions are raised about whether the Congress, under leaders like Jawaharlal Nehru and Indira Gandhi, handled the matter “callously.” RTI documents reveal that the Indian leadership recognized the weak claim over the territory before the 1974 and 1976 agreements.
• Sri Lanka’s Jurisdiction: Sri Lanka had been exercising jurisdiction over the territory since the mid-1920s without protest from India, which supports their claim over Katchatheevu.
• Political Rhetoric in Tamil Nadu: While it is common for political leaders to periodically raise the demand for Katchatheevu’s retrieval, the Prime Minister’s participation in this rhetoric is concerning.

THE WAY FORWARD:

• Diplomatic Engagement and Negotiations: The Indian government is considering diplomatic efforts to engage with Sri Lanka to restore the traditional fishing rights of Tamil Nadu fishermen without questioning Sri Lanka’s sovereignty over Katchatheevu. This involves pushing Sri Lanka to implement the 1974 agreement “in letter and spirit” by withdrawing the “Executive Instructions” issued in 1976.
• Legal and Political Measures: The BJP, at both the state and national levels, is determined to retrieve Katchatheevu or at least restore the fishing rights of Indian fishermen. This includes bringing the issue to public attention, leveraging historical documents, and possibly challenging the agreements’ legality or implementation.
• Restoring Traditional Rights: The Modi government is exploring ways to ask Sri Lanka to invoke Article 6 of the Katchatheevu pact. This could resolve the issue through an Exchange of Letters between the foreign secretaries of both countries. It would assert Indian fishermen and pilgrims’ right to access Katchatheevu.
• Diplomatic Negotiations: The Indian government should negotiate with Sri Lanka to find a mutually acceptable solution that addresses the concern. This could involve exploring options like joint island management.
• Bilateral Economic Connectivity Projects: High-level discussions between India and Sri Lanka, including talks on bilateral economic connectivity projects, could provide a platform for addressing the Katchatheevu issue and the broader concerns of Tamil Nadu fishermen.
• Geopolitical Considerations: With the changing geopolitical situation in the region, there is optimism that Sri Lanka may accept the rights of Indian fishermen, recognizing India’s reliable partnership. This approach suggests leveraging broader regional dynamics to find a solution.
• Taking a Slow and Inclusive Approach: The Indian government intends to take a measured approach, engaging all stakeholders and seeking an amicable settlement with Sri Lanka without rushing or appearing to force a solution. This includes restoring the traditional rights of fishermen in a manner that respects Sri Lanka’s sovereignty and the legal agreements in place.

THE CONCLUSION:

The political parties in India, particularly the BJP, Congress, and DMK, should adopt a bipartisan approach and work together to find a lasting solution to the Katchatheevu issue, rather than using it for political gains. This would demonstrate a united front and strengthen India’s negotiating position with Sri Lanka.

UPSC PAST YEAR QUESTIONS:

Q.1 India is an age-old friend of Sri Lanka.’ Discuss India’s role in the recent crisis in Sri Lanka the light of the preceding statement. 2022

Q.2 In respect of India — Sri Lanka relations, discuss how domestic factors influence foreign policy. 2013

MAINS PRACTICE QUESTION:

Q.1 Examine the historical and geopolitical context of the Katchatheevu issue between India and Sri Lanka. Discuss the implications of the recent Indian government’s efforts to restore the traditional fishing rights of Tamil Nadu fishermen and the potential impact on India-Sri Lanka relations.

SOURCE:

https://www.thehindu.com/opinion/editorial/no-mans-land-the-hindu-editorial-on-playing-politics-over-katchatheevu/article68016301.ece

THE CONTEXT: The Prevention of Money Laundering Act (PMLA), 2002, was enacted in response to global concerns about money laundering, particularly from drug trafficking, which threatened economic stability and national sovereignty. The United Nations and the Financial Action Task Force (FATF) urged countries to legislate against this menace, leading to India’s formulation of the PMLA.

ISSUES:

• Deviation from Original Purpose: The Prevention of Money Laundering Act (PMLA), 2002, was initially enacted to combat drug money laundering, but over time, its scope has expanded to include a wide range of offenses beyond its original purpose.
• Broadening of Scheduled Offences: The PMLA’s schedule of offenses has been expanded through amendments, incorporating crimes listed in the IPC or covered by other laws. However, this has subjected minor offenses to the same rigorous treatment as serious crimes. For example, public servants charged with corruption are now treated the same as hardcore drug traffickers under the PMLA.
• Presumption of Guilt and Bail Provisions: PMLA changed the presumption of guilt and overturned presumed innocence until proven guilty. Section 45 requires judges to be convinced of innocence before granting bail, criticized for prolonged jail without trial, challenging liberty, and due process.
• Judicial Interpretation and Legislative Amendments: The Supreme Court declared Section 45’s bail provision unconstitutional in 2018, but it was later restored with amendments and upheld by the Court in 2022. The Court’s decision reflects a technical approach to bail in PMLA cases, emphasizing legislative policy. This significantly differs from earlier perspectives on personal liberty and bail powers.
• Impact on Personal Liberty: The PMLA’s strict bail provisions affect personal liberty and challenge the core values of the justice system. It raises ethical and human rights concerns, highlighting the need to balance enforcing anti-money laundering measures and safeguarding individual liberties.
• Challenges in Operationalization: The expanded scope of the PMLA poses significant challenges. The broad application requires clear guidelines and criteria for including offenses in the PMLA’s schedule to ensure the law’s application remains focused and effective.

THE WAY FORWARD:

• Streamlining the Schedule of Offences: Streamlining the schedule of offenses under the PMLA can help it focus on its original objective of combating money laundering, particularly drug trafficking. This requires reviewing and removing less significant offenses. For instance, the inclusion of the Prevention of Corruption Act of 1988 in the PMLA’s schedule may dilute the law’s focus and need reassessment.
• Enhancing Transparency and Accountability: The Enforcement Directorate’s lack of transparency under PMLA has been criticized. Clear procedures should be established to prevent arbitrary actions and improve accountability to ensure that the Enforcement Case Information Report (ECIR) is disclosed to the accused and filed based on consistent criteria.
• Revising Bail Provisions: The bail provisions under Section 45 of the PMLA have been controversial due to their inversion of the presumption of innocence. Revising these provisions could involve setting clear criteria for granting bail without presuming guilt. The Nikesh Tarachand Shah vs Union of India (2017) case highlights the need for constitutional rights to be upheld in the context of bail.
• Consistent Application of Legal Principles: The Supreme Court’s judgments on bail under Section 45 of the PMLA have shown inconsistencies. A more consistent application of legal principles is needed to ensure fairness and reduce case backlogs. The principle of parity, for instance, should be considered when co-accused in similar circumstances have been granted bail, as seen in the case of Benoy Babu v. Directorate of Enforcement.
• Addressing the Reversal of Burden of Proof: Reversing the burden of proof on the accused to prove their innocence under the PMLA is problematic. Legal reforms could be introduced to ensure that the burden of proof remains with the prosecution, as is standard in criminal law. This would protect the rights of the accused and uphold the principle of innocent until proven guilty.
• Regular Review and Amendment of the PMLA: To prevent the misuse of the PMLA’s provisions and ensure that they serve the public interest, regular reviews and amendments of the Act could be mandated. This would involve assessing the law’s effectiveness, identifying areas for improvement, and making necessary changes. The government could set up a dedicated committee involving legal experts, civil society, and other stakeholders to undertake this task.

THE CONCLUSION:

The evolution of the PMLA from its original focus on combating drug money laundering to its current broad application raises significant concerns regarding the deviation from its foundational objectives, the expansion of scheduled offenses, the presumption of guilt, and the implications for personal liberty and due process. The legislative and judicial developments surrounding the PMLA’s bail provisions highlight the complexities and challenges in balancing the objectives of preventing money laundering with the principles of justice and individual rights.

UPSC PAST YEAR QUESTION:

Q.1 Money laundering poses a serious threat to a country’s economic sovereignty. What is its significance for India, and what steps must be taken to control this menace? 2013

MAINS PRACTICE QUESTION:

Q.1 Analyze the evolution of the Prevention of Money Laundering Act (PMLA) since its inception in 2002, discussing the key amendments and their implications for India’s legal and economic landscape. Suggest reforms to address these issues while strengthening the Act’s effectiveness in combating money laundering.

SOURCE:

https://www.thehindu.com/opinion/lead/the-pmla-a-law-that-has-lost-its-way/article68017135.ece

THE CONTEXT: India’s wheat stocks in government godowns are at a 7-year low as of March 1, 2024. While a bumper harvest is expected in the Indo-Gangetic plains, the crop in central India may have been impacted by warmer temperatures in November-December. This highlights the increasing susceptibility of wheat and agriculture to climate change, which manifests as both the early onset of summer and delayed winter.

ISSUES:

• Susceptibility of wheat and agriculture to climate change: Unseasonal weather events like temperature spikes and heavy rains during the final grain formation and filling stage can lead to yield losses. Warm temperatures during sowing and initial vegetative growth can result in fewer tillers and premature flowering. Climate change affects wheat production by manifesting in both the early onset of summer and the delayed onset of winter.
• Potential impact on wheat production and food security: Wheat stocks in government godowns are at a 7-year low as of March 1. While a bumper harvest seems likely in the Indo-Gangetic plains, the wheat crop in central India may have been affected by warm temperatures during November-December. The extent to which lower yields in central India are offset by better production in the Indo-Gangetic plains will determine the overall wheat production for the year.
• Need for investment in climate-resilient agriculture: The focus should shift to “Green Revolution 2.0” with a focus on input use efficiency and breeding of drought-resistant and heat-tolerant crop varieties. This would require screening germplasm and identifying genes responsible for desirable traits.
• Potential for wheat imports: Global wheat prices are currently at their lowest in four years, making imports feasible. To enable wheat imports, the government should consider removing the 40% customs duty.

THE WAY FORWARD:

• Breeding for Climate-Resilient Wheat Varieties: Developing Heat-Tolerant Wheat Varieties in India has been an extensive exercise. The Indian Council of Agricultural Research (ICAR) has been actively working on developing heat-tolerant wheat varieties through conventional breeding and biotechnology approaches. One such example is the development of the wheat variety ‘HD 3086’, which can withstand temperatures up to 35°C during the grain-filling stage without significant yield loss. According to ICAR data, ‘HD 3086’ has shown a 10-15% higher yield under heat stress conditions than other popular wheat varieties.
• Improving Agronomic Practices for Climate Resilience: Israeli farmers have adopted precision farming techniques, such as sensor-based irrigation and variable-rate fertilizer application, to optimize water and nutrient use for wheat production. Studies have shown that precision farming can increase wheat yields by 10-15% while reducing water and fertilizer inputs by 20-30% compared to traditional farming practices.
• Optimizing Wheat Imports and Stocks Management: Egypt, one of the world’s largest wheat importers, has implemented a comprehensive strategy to ensure food security through wheat imports and strategic stock management. The government maintains a strategic wheat reserve equivalent to 4-6 months of domestic consumption, which helps to stabilize prices and ensure availability during times of supply disruptions. China, the world’s largest wheat producer and consumer, has a well-established system of wheat reserves and buffer stock management. The government maintains a strategic wheat reserve of around 30-40 million tonnes, which is used to stabilize domestic prices and ensure food security.
• Investing in Research and Development for Climate-Smart Agriculture: The International Wheat Improvement Network (IWIN) is a global collaborative research initiative led by the International Maize and Wheat Improvement Center (CIMMYT) and partners in over 100 countries. The network focuses on developing and testing new wheat varieties adapted to diverse agro-climatic conditions, including heat, drought, and disease resistance. Through this collaborative approach, IWIN has released several climate-resilient wheat varieties widely adopted by farmers in different regions.
• Leveraging Indigenous and Traditional Knowledge: A study prioritized major adaptation strategies used by native communities in India, including changes in cropping patterns, use of drought-tolerant crops, and traditional water harvesting techniques. Integrating indigenous knowledge with modern scientific approaches can enhance the effectiveness of climate change adaptation in agriculture.
• Improving Access to Climate Information and Early Warning Systems: The Indian government has developed agriculture contingency plans to help farmers manage weather aberrations and extreme climatic events. These plans provide timely information on weather forecasts, crop advisories, and emergency response measures to enable proactive adaptation.

THE CONCLUSION:

In the short term, India can offset lower yields in central India with better production in the Indo-Gangetic plains and by enabling wheat imports by removing customs duty, as global prices are currently low. However, in the medium to long term, India must invest in breeding for climate change, focusing on input use efficiency and developing drought-resistant and heat-tolerant varieties through screening germplasm and identifying desirable genes in plants.

UPSC PAST YEAR QUESTIONS:

Q.1 How is science interwoven deeply with our lives? What are the striking changes in agriculture triggered by science-based technologies? 2020

Q.2 What are the primary reasons for the cropping system’s declining rice and wheat yield? How is crop diversification helpful in stabilizing the crop yield in the system? 2017

MAINS PRACTICE QUESTION:

Q.1 Discuss the key climate change adaptation strategies being implemented in the Indian agricultural sector. Analyze the effectiveness of these strategies using relevant case studies and data.

SOURCE:

https://indianexpress.com/article/opinion/columns/viksit-bharat-must-also-be-inclusive-bharat-9243988/

THE CONTEXT: Kerala’s public debt management has come under scrutiny amidst the state’s fiscal challenges and a lawsuit against the central government’s borrowing restrictions. The issue requires broader discussion as debt-deficit dynamics significantly impact Centre-State financial relations. Kerala’s outstanding liabilities stand at 36.9% of GSDP for 2024-25 (BE), with a relatively low rollover risk compared to other states like Telangana.

ISSUES:

• Asymmetric Fiscal Rules: The call for “asymmetric fiscal rules” about deficits and debts underscores the need for tailored fiscal policies that consider the unique economic conditions and challenges of different states. This is particularly relevant in the aftermath of the COVID-19 pandemic, where fiscal strategies must be adaptive and responsive to the evolving economic landscape.
• Fiscal Deficit and Public Debt Targets: The specific targets for fiscal deficit and public debt, with states envisaged to maintain a fiscal deficit to GDP ratio of 3.5%, and a general government public debt to GDP ratio at 60%. Kerala’s outstanding liabilities are 36.9% of GSDP for 2024-25, indicating a focus on managing debt levels while addressing the need for economic recovery and growth.
• Revenue Stability and Fiscal Marksmanship: The stability of revenue streams and the accuracy of fiscal projections (fiscal marksmanship) are highlighted as essential for effective public expenditure design. Kerala’s reliance on its tax revenue and the challenges in achieving budget estimates for tax revenue underscore the importance of enhancing revenue collection and management.
• Volatility in Intergovernmental Fiscal Transfers: The volatility and decline in the share of Union Finance Commission tax transfers to certain states, including Kerala, raise concerns about the predictability and adequacy of fiscal transfers. This issue is critical for states’ budget planning and execution, affecting their ability to meet developmental and welfare objectives.
• Equity vs. Efficiency in Fiscal Transfers: The debate on equity versus efficiency in the design of intergovernmental fiscal transfers is brought to the fore, especially with the Fifteenth Finance Commission’s tax-transfer formula. The impact of this formula on growing states like Kerala, which may be disadvantaged by the weightage given to per capita income distance, calls for a reevaluation of criteria to ensure fair and equitable fiscal transfers.
• Investment in Sustainable Development: The need for investment in a green, resilient, and knowledge-based economy is emphasized as crucial for sustainable economic development. This includes the importance of state adaptation communications and budget allocations that support environmental sustainability and address climate change challenges.
• Gender Budgeting and Economic Growth: The significance of fiscal transfers and policies that advance gender budgeting and address gender inequalities is sin quo non. By promoting increased labor force participation of women and investing in gender-aware human capital formation, states can contribute to broader economic growth and social equity.
• Fiscal Austerity vs. Economic Recovery: The dilemma between implementing fiscal austerity measures and supporting sustained economic growth recovery is often visible. Austerity measures, which may compress expenditures, are not advisable, highlighting the importance of maintaining investment in human capital formation and social infrastructure to support recovery.

THE WAY FORWARD:

• Ensuring Financial Sustainability: Borrowers, including states, must plan fiscal spending and deficits carefully to keep public debt sustainable. Before taking on new debt, the potential returns on projects and the ability to repay through increased tax revenues should be considered. Lenders should assess the impact of new loans on the borrower’s debt position before extending credit. In 2018, the IMF introduced a new debt sustainability framework for low-income countries, which includes a more comprehensive assessment of debt vulnerabilities and a focus on the quality of public investment.
• Comprehensive and Transparent Reporting: Union and State governments should adhere to comprehensive and transparent reporting of public debts. Strengthening institutions responsible for recording, monitoring, and reporting debt is essential, especially in developing countries. Creditors should allow more extensive disclosure of borrowing terms and conditions to prevent the accumulation of large “hidden” liabilities. The World Bank’s Debt Reporting Heat Map shows that many developing countries have gaps in their debt reporting, particularly in contingent liabilities and debt of state-owned enterprises. In 2021, the G20 endorsed the Debt Service Suspension Initiative (DSSI) Disclosure Framework, which aims to improve the transparency of debt data and facilitate better coordination among creditors.
• Promoting Official Creditor Collaboration: Collaboration among official creditors is crucial, particularly in debt restructuring cases involving non-traditional lenders. Effective coordination among official creditors is critical for resolving debt crises.
• Investing in Sustainable Development: States should invest in green, resilient, knowledge-based economies to ensure sustainable development. A “State adaptation communication” with appropriate budget allocations is required to address state-specific issues such as demographic transition, inward and outward migration, and climate change crisis. According to the United Nations, achieving the Sustainable Development Goals (SDGs) will require an estimated $3.5 trillion per year in additional investment. In 2019, the State Bank of India issued a $650 million green bond to fund renewable energy and low-carbon transport projects.
• Gender Budgeting and Economic Growth: Fiscal transfers based on advancing gender budgeting in the state are critical to redressing gender inequalities. Increasing economic growth through increased labor force participation of women is significant, and states have a positive role in gender-aware human capital formation. A study by the McKinsey Global Institute found that advancing gender equality could add $12 trillion to global GDP by 2025.
• Balancing Austerity with Growth: India should not pursue austerity measures that impede growth but focus on strategic investments, inclusive development, and tax reforms to bolster government revenues. Optimizing spending through subsidy reforms and better targeting social programs could reduce wasteful expenditures. Strengthening economic growth through policy reforms and encouraging foreign investment could enhance GDP and tax revenues. Accelerating disinvestment and asset monetization could provide immediate fiscal relief and reduce the debt burden. India’s commitment to fiscal consolidation is evident from its adherence to the FRBM Act and the proposed LIC IPO. The disinvestment target for FY 2021-22 is INR 1.75 lakh crore, a significant step towards reducing the fiscal deficit.

THE CONCLUSION:

Moving forward, Kerala must focus on investing in a green, resilient, and knowledge-based economy for sustainable development. The state should negotiate with the Sixteenth Finance Commission for specific-purpose transfers to address state-specific issues like demographic transition, migration, and climate change. Furthermore, emphasizing gender budgeting and fiscal marksmanship is crucial to maintaining voters’ trust and promoting inclusive growth, as fiscal austerity measures may hinder human capital formation and economic recovery.

UPSC PAST YEAR QUESTION:

Q.1 How have the recommendations of the 14th Finance Commission of India enabled the States to improve their fiscal position? 2021

MAINS PRACTICE QUESTION:

Q.1 Asymmetric fiscal rules relating to deficits and debts are a significant issue in Centre-State financial relations in India. Critically analyze this statement in the context of public debt management and the fiscal challenges states face.

SOURCE:

https://www.thehindu.com/opinion/op-ed/the-finance-commission-and-public-finance-in-kerala/article68013652.ece

THE CONTEXT: India faces significant challenges in eliminating Tuberculosis (TB), including the under-reporting of cases, the rise of multi-drug resistant TB, and the need for better diagnostics and treatment adherence. Recent progress has been made, including narrowing the gap between estimated and actual TB cases and increasing the diagnosis of drug-resistant TB.

ABOUT TUBERCULOSIS:

Tuberculosis (TB) is an infectious disease primarily affecting the lungs, but it can also target other parts of the body. It is caused by the bacterium Mycobacterium tuberculosis. TB is typically spread through the air when a person with active pulmonary TB coughs, sneezes, or speaks, releasing respiratory droplets that can be inhaled by others.

TYPES OF TUBERCULOSIS:

Pulmonary TB

Pulmonary TB is the most common form of the disease, where the bacteria infect the lungs. Symptoms may include Persistent cough lasting three weeks or longer, Coughing up blood or phlegm, Chest pain, and Shortness of breath.

Extrapulmonary TB

Extrapulmonary TB occurs when TB affects organs other than the lungs, such as the lymph nodes, abdomen, bones, and joints, or the central nervous system. It accounts for about 15% of all TB cases.

Latent TB

Latent TB infection is when the bacteria are present in the body but inactive, causing no symptoms and not being contagious. However, latent TB can become active, especially if the immune system is weakened.

Active TB

Active TB, also known as TB disease, is the contagious form of TB that causes symptoms. It can be life-threatening if not properly treated.

Specific Types of Extrapulmonary TB

TB Lymphadenitis: Affects the lymph nodes, often presenting as painless lumps on the head and neck.

Skeletal TB: Affects the bones and joints.

Miliary TB: A rare form of TB that can affect multiple organs, including the blood, bones, lymphatic system, and central nervous system.

Gastrointestinal TB: Affects the gastrointestinal tract, with symptoms like other gastrointestinal conditions.

TB Meningitis: Affects the meninges, and the membranes surrounding the brain and spinal cord, and can cause severe headaches, sensitivity to light, and neck stiffness.

TB Peritonitis: Causes inflammation of the peritoneum, leading to abdominal swelling and tenderness.

TB Pericarditis: Affects the pericardium, and the tissue surrounding the heart, and can cause chest pain and shortness of breath.

Cutaneous TB: Affects the skin and is very rare.

National TB Elimination Program (NTEP) in India: The National TB Elimination Program (NTEP), formerly known as the Revised National Tuberculosis Control Program (RNTCP), is India’s state-led initiative to combat tuberculosis (TB). The program aims to eliminate TB in India by 2025, five years ahead of the global Sustainable Development Goals (SDG) target.

EVOLUTION OF NATIONAL TB ELIMINATION PROGRAM IN INDIA

1962: The Government of India launched the National TB Program and established District TB Centers.

1993: The World Health Organization (WHO) declared TB a global emergency, prompting more focused efforts.

1997: The National TB Program was revised to RNTCP, introducing the Directly Observed Treatment Short-course (DOTS) strategy.

2005-2011: The second phase of RNTCP expanded coverage across India and improved the quality and scale of services.

2012-2017: The National Strategic Plan (NSP) for this period included mandatory notification of TB cases, rapid molecular testing, and integration with the National Health Mission.

2017-2025: The current NSP focuses on patient-centric care for TB elimination, with strategies such as active case finding and treatment, and integration of advanced diagnostic and treatment technologies.

2020: The RNTCP was revised to the National TB Elimination Program (NTEP), reflecting the shift in focus from control to elimination.

THE ISSUES:

• Under-reporting of TB Cases: Historically, a significant challenge for India’s anti-TB program has been the under-reporting of cases. This not only affects the individuals who go undiagnosed and untreated but also poses a risk of infection to others they encounter.
• Closing the Case Gap: The India TB Report 2024 indicates progress, showing that the gap between estimated and actual TB cases is narrowing, with the 2023 target of initiating treatment in 95% of diagnosed patients being met.
• Ambitious Elimination Target: Despite recent successes, India’s goal to eliminate TB by 2025 appears challenging, especially given the epidemic proportions of multi-drug resistant (MDR) TB.
• MDR-TB Diagnostics and Treatment: There has been significant progress in identifying MDR-TB, with an increase in the percentage of diagnosed patients being offered tests for drug resistance. However, molecular testing, which is more effective for detecting MDR cases, is not yet the predominant method. Treatment regimens for MDR-TB are complex, and less than 60% of patients complete the full course of second-line treatments.
• Mental Health in TB Treatment: Mental healthcare is increasingly recognized as an essential component of TB treatment. However, in India, support for patients undergoing the demanding treatment process is rare.
• Vulnerable Populations: TB disproportionately affects the poor, slum dwellers, and HIV/AIDS patients. There is a need for targeted interventions that combine advanced technology and compassionate care to address the needs of these high-risk groups.

THE WAY FORWARD:

• Engagement with the Private Sector: The private sector accounts for a significant portion of healthcare services in India, including TB care. To address under-reporting and improve the quality of TB care, there is a need for meaningful engagement with private healthcare providers. This includes implementing successful private sector engagement models, such as the Patient-Provider Support Agency (PPSA) model, which has been shown to increase TB case notifications and improve treatment outcomes.
• Investment in Health: Increasing governmental expenditure on health and specifically on the RNTCP is necessary to scale up efforts to meet the ambitious target of TB elimination by 2025. This includes addressing key determinants of TB such as poverty, undernutrition, and tobacco smoking through intersectoral collaboration.
• Modernizing TB Care: Modernizing the TB standard of care and control system is essential. This involves scaling up rapid molecular diagnostics, making drug-susceptibility testing more widely accessible, switching to daily drug regimens, and implementing tools for adherence support.
• Research and Surveillance: Investing in research for the development and validation of new tools, including diagnostics, drugs, and vaccines, is critical. Surveillance efforts should include periodic prevalence surveys, nationwide TB drug-resistance surveillance, and implementation science to identify and treat missing TB patients.
• Addressing Drug-Resistant TB: There is a need to focus on the management of drug-resistant TB, including the provision of second-line drugs and the transition to shorter-duration drugs like bedaquiline, especially after the patent decision that could enable the production of cheaper generic versions.
• Integrating Mental Health: Mental health support should be embedded in the TB treatment program to improve adherence and patient outcomes. This includes counseling and psychosocial support.
• Applying New Technology: Leveraging technology for real-time treatment monitoring systems, such as ’99 DOTS’, and exploring digital payment systems like e-RUPI for smart payments can enhance the efficiency of TB care and support.

THE CONCLUSION:

To overcome the hurdles in TB elimination, India must enhance engagement with private healthcare providers, invest in health infrastructure, and adopt modern diagnostics and treatment regimens. Emphasizing mental health support and targeting interventions for vulnerable populations are also crucial. With concerted efforts, India can move closer to its goal of eliminating TB by 2025.

UPSC PAST YEAR QUESTIONS:

Q.1) The public health system has limitations in providing universal health coverage. Do you think that the private sector could help in bridging the gap? What other viable alternatives would you suggest? 2015

Q.2) Appropriate local community-level healthcare intervention is a prerequisite to achieving ‘Health for All ‘in India. Explain. 2018

Q.3) What do you understand by fixed-dose drug combinations (FDCs)? Discuss their merits and demerits. 2013

Q.4) Can overuse and the availability of antibiotics without doctor’s prescription, the contributors to the emergence of drug-resistant diseases in India? What are the available mechanisms for monitoring and control? Critically discuss the various issues involved. 2014

MAINS PRACTICE QUESTION:

Q.1) Evaluate the effectiveness of India’s current strategies towards TB elimination. Discuss the challenges posed by drug-resistant TB and suggest integrated approaches to address these challenges within the framework of sustainable development goals (SDGs).

SOURCE:

https://indianexpress.com/article/editorials/express-view-taking-on-tb-9240926/

THE CONTEXT: The electoral bonds scheme in India intended to eliminate black money in election financing but was ultimately declared unconstitutional by the Supreme Court. The scheme’s failure to transform Indian politics or reduce the reliance on illegal funds for election campaigns, emphasizes the gap between the professed aims of political leaders and their actual practices, which undermine democracy.

ISSUES:

• Ineffectiveness of Electoral Bonds: The introduction of electoral bonds was intended to eliminate the use of black money in election financing, aiming to transform Indian politics positively. However, the scheme failed to make any significant difference, as elections continued to be funded by large amounts of illegal funds. The electoral bonds did not address the root issues of undemocratic practices within Indian politics, where elected leaders often serve the interests of their financiers rather than their constituents.
• Gap Between Professed and Actual Practices: There exists a significant gap between what political leaders profess and their actual practices, undermining democracy. This discrepancy results in government policies that disproportionately benefit vested interests at the expense of the marginalized sections of society. Policies are often designed to appear in the national interest, while they prioritize the interests of the elite.
• Systematic Illegality and Weak Accountability: The black economy thrives on systematic and systemic illegality, facilitated by the collusion between policymakers, executives, and businesses. This triad of corruption is supported by weak government accountability and a societal mindset that defers authority, further eroding the foundations of democracy in India.
• Money’s Influence on Elections: Elections require significant funding, far exceeding legal limits, leading to reliance on illegal funds. The cultivation of vote banks, mobilization of crowds, and overwhelming displays of power during campaigns are financed through undeclared incomes. This reliance on illegal funds highlights the deep-rooted issues within the electoral process.
• Opaque Nature of Electoral Bonds: The electoral bonds scheme was criticized for its opacity, as it did not allow the electorate to know the sources of political financing. This opacity enabled businesses and the wealthy to exert undue influence over political parties, potentially in exchange for favors. The scheme also allowed for donations from shell companies and foreign entities, further obscuring the trail of funds.
• Cronyism and Quid Pro Quo: Data reveals that political donations through electoral bonds often involve quid pro quo arrangements, where businesses donate to political parties in exchange for policy favors or to avoid prosecution. This practice exposes the cronyism within Indian politics and the manipulation of policies to benefit donors.

THE WAY FORWARD:

• Strengthening Election Commission Oversight: Empowering the election commission with more resources and authority to oversee and regulate political financing, ensuring adherence to legal limits and transparency requirements.
• Public Financing of Elections: Introducing or expanding public financing for political campaigns to reduce dependence on private donations. This could involve allocating public funds to political parties based on their performance in elections, thereby leveling the playing field.
• Caps on Political Spending: Enforcing strict limits on the amount of money political parties and candidates can spend during elections. This would help reduce the influence of money in politics and ensure fairer competition.
• Legal and Institutional Reforms: Amending laws to close loopholes that allow for unchecked political donations, including donations from shell companies and foreign entities. Strengthening mechanisms for holding politicians and political parties accountable for their actions and financial dealings. This could include more rigorous audits, penalties for violations, and an independent body to investigate and prosecute corruption.
• Legal Challenges and Judicial Oversight: Encouraging the judiciary to play an active role in reviewing and, if necessary, striking down laws and practices that undermine democratic principles and transparency in political financing.
• Civic Engagement and Education: Enhancing public awareness and understanding of the political process, the importance of transparency, and the impact of money in politics. Educated voters are more likely to demand accountability and transparency from their elected officials. Fostering a culture of active civic engagement where citizens are encouraged to participate in the political process, including monitoring political financing and advocating for reforms.

THE CONCLUSION:

The electoral bonds scheme, while intended to clean up election financing, ultimately highlighted and perhaps exacerbated the weaknesses within Indian democracy. It failed to address the systemic issues of corruption, lack of accountability, and the influence of money in politics, thereby undermining the democratic process.

UPSC PAST YEAR QUESTIONS:

Q.1 Discuss the role of the Election Commission of India in light of the evolution of the Model Code of Conduct. 2022

Q.2 To enhance the quality of democracy in India the Election Commission of India has proposed electoral reforms in 2016. What are the suggested reforms and how far are they significant to make democracy successful? 2017

MAINS PRACTICE QUESTION:

Q.1 Examine the implications of the electoral bonds scheme on the democratic process in India. Discuss the challenges it poses to transparency and accountability in political funding and suggest measures to address these challenges in the context of strengthening democracy.

 SOURCE:

https://www.thehindu.com/opinion/lead/bonds-big-money-and-an-imperfect-democracy/article68006688.ece

THE CONTEXT: The WHO is negotiating the Pandemic Agreement, a treaty aimed at addressing COVID-19 failures and strengthening global defenses. It emphasizes equitable access to medical products and the sharing of pathogens and genetic codes. The agreement faces challenges, including financing, IP rights, and access to genetic sequence data. Enforcement is crucial, as the International Health Regulations have been insufficient in preventing travel or trade restrictions during the pandemic.

ISSUES:

• Equity and Access: The Agreement emphasizes equitable access to medical products, aiming to address the inequities seen during the COVID-19 pandemic, such as vaccine nationalism and lack of preparedness in countries. It proposes mechanisms like the WHO Pathogen Access and Benefit-Sharing (PABS) System to ensure equitable access to benefits derived from research, including vaccines.
• Contentious Debates and Disagreements: There are significant disagreements between developing and developed countries, particularly regarding financing, intellectual property (IP) rights, and the modalities of negotiations. Developed countries have criticized the revised negotiating text, referring to it as a ‘step backward’, while developing countries emphasize the importance of clarity on obligations and responsibilities to operationalize equity within the Agreement.
• Global System for Sharing Pathogens: A major point of contention is the establishment of a global system for sharing pathogens and their genetic codes while ensuring equitable access to the benefits derived from research. Developing countries are hesitant to share information without guaranteed returns, leading to the proposal of the PABS System, which aims to establish legal obligations on benefits-sharing.
• Enforcement and Accountability: The challenge of global governance, enforcement, and accountability is a significant sticking point. Without adequate accountability and enforcement mechanisms, the Agreement risks being ineffective. Proposals include establishing a decision-making body comprising the Conference of Parties (COP) and a secretariat, but consensus on this structure remains uncertain.
• Intellectual Property Waivers: Another contentious issue is the requirement for firms that received public financing to waive or reduce their intellectual property royalties. This is crucial for facilitating technology transfer and ensuring access to medical countermeasures, but it faces opposition from developed countries and the pharmaceutical industry.
• Risk of a Watered-Down Agreement: There is a risk that the Agreement could be watered down to secure consensus, particularly around contentious issues such as IP waivers. The language in the current draft is seen as potentially too weak, referring to national circumstances and using best endeavor language.

THE WAY FORWARD:

• Resolving Contentious Debates: Diplomatic efforts and negotiations must continue to bridge the gap between the positions of developed and developing countries, especially on issues like financing and IP rights. A consensus-building approach that respects the concerns of all parties could help in reaching an agreement that is acceptable to all.
• Enforcement and Accountability Mechanisms: The Agreement could include robust enforcement and accountability mechanisms to ensure that countries adhere to their commitments. This could involve regular reporting, peer reviews, or even sanctions for non-compliance.
• Intellectual Property Waivers: The contentious issue of IP waivers for firms that received public financing could be addressed by creating a framework that allows for temporary waivers during pandemics, ensuring that technology transfer and access to medical countermeasures are not hindered.
• Strengthening International Health Regulations: Alongside the Pandemic Agreement, the International Health Regulations could be amended to prevent unjust travel or trade restrictions and hoarding of vaccines and other medical countermeasures during pandemics.
• Partial Solutions and Small Wins: Recognizing that perfect solutions do not exist for complex global health challenges, the Agreement could focus on achieving partial or small wins that incrementally address the issues and build towards more comprehensive solutions over time.
• Public-Private Partnerships: Encouraging partnerships between governments, international organizations, and the private sector could facilitate the sharing of resources, knowledge, and expertise, which is crucial for pandemic preparedness and response.

THE CONCLUSION:

Negotiators are approaching the May World Health Assembly to approve the WHO Pandemic Agreement. The agreement is vital in rebuilding trust and coordination between nations to combat future pandemics. However, a watered-down or failed agreement is possible. The world cannot afford to be unprepared for the next global health emergency; success requires a meaningful, enforceable agreement prioritizing equity and global governance.

UPSC PAST YEAR QUESTION:

Q.1 Critically examine the role of WHO in providing global health security during the Covid-19 pandemic. 2020

MAINS PRACTICE QUESTION:

Q.1 Examine the role of international agreements and treaties in managing global health crises, with a specific focus on the proposed WHO Pandemic Agreement. Discuss the challenges and opportunities presented by such agreements in ensuring equitable access to healthcare resources worldwide.

SOURCE:

https://www.thehindu.com/opinion/lead/the-countdown-to-a-pandemic-treaty/article68003170.ece

THE CONTEXT: India is on the brink of a significant demographic shift, transitioning towards an aging society within the next three decades. The Lancet report predicts a sharp decline in the Total Fertility Rate (TFR) to 1.29 by 2050, indicating a future where one in five Indians will be over 60 years old. This shift echoes global patterns observed in countries like China, where economic growth coincided with a similar demographic transition.

ISSUES:

• Declining Total Fertility Rate (TFR): India’s TFR is expected to fall to 1.29 by 2050, which is significantly below the replacement rate of 2.1. This decline suggests that the population will not be replacing itself at a sustainable rate, leading to an aging population.
• Increasing Proportion of Elderly: It is projected that by 2050, one in five persons in India will be above the age of 60. The UN Population Fund’s India Ageing Report also projected that the number of elderly in India will more than double from 149 million in 2022 to 347 million by mid-century.
• Utilization of Demographic Dividend: India is currently experiencing a demographic dividend, with a large proportion of its population in the working-age group. Policymakers need to maximize this demographic dividend before the share of the working-age population begins to decline in the late 2030s to early 2040s.
• Skill Development and Job Creation: There is a need for measures to overcome skill deficits and to generate jobs outside of agriculture, particularly in sectors other than the low-paid informal sector.
• Social Security and Healthcare for the Elderly: As the elderly population grows, there will be a greater need for social security and healthcare provisions. Policymakers will need to ensure that these needs are adequately met.
• Regional Variations in Aging: There are significant interstate variations in the aging process within India, with parts of south and west India greying faster than those in the north. Policymakers must be prepared to understand and address these regional differences.
• Global Comparisons: India’s situation when compared with global experiences, particularly China, where the working-age population has already begun to contract, and fertility rates have fallen below the replacement rate, leading to an aging society.

THE WAY FORWARD:

• Promoting Active Ageing and Workforce Participation: Japan has been at the forefront of promoting active aging, encouraging older adults to remain in the workforce longer and to participate in community activities. This includes flexible working arrangements and retirement policies. Singapore has implemented similar strategies, focusing on re-skilling older workers, and promoting lifelong learning, ensuring that the aging population remains a vital part of the economy.
• Healthcare and Social Security Provisions: The United States offers Medicare, a comprehensive healthcare program for older adults, ensuring access to medical services without the burden of high costs. Canada’s Canada Health Act provides a blueprint for universal healthcare coverage, including for the elderly, ensuring that healthcare needs are met efficiently and equitably.
• Addressing Skill Deficits and Knowledge Economy Gaps: Both Germany and Switzerland have successfully implemented dual education systems that blend theoretical learning with practical training, creating a skilled workforce ready to meet industry needs. Adapting such models could help India prepare its youth for future job markets and address skill shortages.
• Generating Non-Agricultural Employment: Policies in the United States and Canada that foster entrepreneurship and innovation can serve as models for India to generate employment opportunities outside of agriculture, particularly in sectors that can benefit from the experience and wisdom of older adults.
• Comprehensive Social Security Systems: Sweden and Norway offer extensive social security systems that provide robust support for the elderly, including pensions, healthcare, and long-term care services. These systems ensure that the ageing population lives with dignity and security.
• Harnessing the Skills of the Elderly: By looking at Japan and Singapore, India can find ways to effectively utilize the skills and experience of its elderly population. These countries have policies that not only encourage older adults to stay in the workforce but also facilitate their participation in volunteer and community activities.

THE CONCLUSION:

To navigate the impending demographic challenges, India must proactively harness its current demographic dividend, focusing on skill development and job creation outside of agriculture. Policymakers are urged to prepare for the aging population by ensuring adequate social security, healthcare, and effective utilization of the elderly’s skills. Addressing these issues promptly will be crucial for India’s sustained growth and societal well-being.

UPSC PAST YEAR QUESTIONS:

Q.1) Demographic Dividend in India will remain only theoretical unless our manpower becomes more educated, aware, skilled, and creative.” What measures have been taken by the government to enhance the capacity of our population to be more productive and employable? 2016

Q.2) Discuss the main objectives of Population Education and point out the measures to achieve them in India in detail. 2021

MAINS PRACTICE QUESTION:

Q.1) Examine the implications of India’s demographic transition towards an aging society on its socio-economic fabric. Discuss the measures that can be taken to address the challenges posed by this demographic shift.

SOURCE:

https://indianexpress.com/article/opinion/editorials/express-view-on-indias-falling-fertility-rate-a-wake-up-call-9238994/

THE CONTEXT: Recent Supreme Court judgment on the Chandigarh mayoral election points to issues in elections to municipalities. Elections to local governments, i.e. panchayats and municipalities, is another matter altogether. The Court intervention is only primary step and a lot more remains to be done to strengthen local governments in India.

ISSUES:

• Delay in municipal elections: One of the major issues with respect to municipal elections is that they are not being held on time. The CAG’s audit reports of 17 States on the implementation of the 74th Constitution Amendment Act (74th CAA) observes that over 1,500 municipalities did not have elected councils in place during the audit period of 2015-2021 across states. Among larger cities, the Greater Chennai Corporation had elections in 2022 after a gap of nearly six years, and the Municipal Corporation of Delhi had elections after a delay of seven months. While the municipal corporations of Mumbai and Bengaluru are awaiting elections for over one and a half years and three years after the expiry of the term of their previous elected councils.
• Delay in formation of elected councils: Even if elections to urban local governments were held there is delay in councils which led to delay in elections of mayors, deputy mayors and standing committees. For example, in Karnataka, there was a delay of 12-24 months in the formation of elected councils after the declaration of election results in most of the 11 city corporations.
• Undermine trust in electoral process: When elections are not well-managed, transparent, and held in time they can undermine trust and legitimacy in the electoral process and the outcome. It can also increase polarization, resentment, or hostility among different groups in society.
• Impede Development and Stability: Irregularities in municipal elections can disrupt economic activities, public services, or infrastructure. It can also create insecurity, uncertainty, or instability that can deter investment, growth, or cooperation.
• Challenges with Functioning of state election commissions: Although the state election commission (SEC) on many occasions tried to exercise its duties enshrined in the constitution of India, they struggled to assert their independence. There are issue of lack of autonomy and lack of safeguard for There is also non-uniform service conditions for SECs as Article 243K(2) states that the tenure and appointment will be directed as per the law made by the state legislature and thus each SEC is governed by a separate state Act. Though municipal legislation across 35 States and UTs reveals that except Meghalaya, all States have constituted SECs but only 11 have empowered them to conduct ward delimitation. The Court has emphasised that in the domain of elections to panchayats and urban local governments under Part IX and Part IXA of the Constitution, SECs enjoy the same status as the Election Commission of India.

THE WAY FORWARD:

• Holding timely elections: The challenge of holding timely elections requires determined enforcement with the Supreme Court’s intervention. There is a need to follow constitutional provision related to holding of regular elections. Article 243U of the 74th CAA stipulates that the duration of urban local governments is five years and that an election to constitute an urban local government should be completed “before the expiry of its duration”. Further, in case of dissolution of the elected council by the State, the election should be held before the expiration of a period of six months from the date of its dissolution. The Supreme Court states in Suresh Mahajan v. State of Madhya Pradesh (2022) that this constitutional mandate is unchallengable.
• Government policy intervention: There is a need for greater policy attention in at least the following aspects:

1. Discretion of government officials in scheduling elections on time

2. Possibility of the State government exercising undue influence on officials to delay elections

3. Discretion of officials in identifying the presiding officer

4. Possibility of conflict of interest as the presiding officer may not be independent

5. Manual ballot paper-based process.

• Roadmap for free and fair election: A reform road map for timely, free, and fair elections is much-needed. The terms of mayors, deputy mayors and standing committees being less than five years furthers this challenge by necessitating frequent elections, sometimes even annually. In India, 17% of cities including five of the eight largest ones have mayoral terms less than five years. There is a need for standardisation of mayoral terms of five years.
• Strengthening role of SEC: To deal with challenges with respect to the conduct of municipal elections, State Election Commissions need to play a far more significant role. Articles 243K and 243ZA of the Constitution state that the superintendence, direction, and control of the preparation of the electoral rolls for, and the conduct of, all elections to panchayats and urban local governments shall be vested in SECs. Strengthening state election commission can help in improving the quality and credibility of local elections.

Unlike the Lok Sabha and State Assemblies, where there is a clear distinction between the legislature and the executive, in the case of a municipality, the mayor heads both the elected and the administrative wings of the city government. Given the reluctance of State governments to strengthen SECs, it is high time that Supreme Court needs to bring greater significance to municipal elections.

THE CONCLUSION:

Electoral reforms to the local bodies are much needed democratic exercises in terms of timeliness of elections, the manner in which they are convened, and the nature in which power is transferred from one government to another. In this respect, it is time to evaluate a potential role for the SECs in the local body elections by providing required finance and autonomy for free and fair election.

UPSC PREVIOUS YEAR QUESTIONS

Q.1 Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct. (2022)

Q.2 There is a dire need for electoral reforms in India, discuss various challenges related to elections in India and suggest some measures to resolve them. (2023)

MAINS PRACTICE QUESTIONS

Q.1 Local body elections are an important aspect of democracy in India as they empower the people at the grassroots level to participate in governance and development. Comment

Q.2 Irregularities in local body elections undermine the democratic process and the rule of law. Critically analyse the statement.

SOURCE: https://epaper.thehindu.com/reader

THE CONTEXT: The Supreme Court of India has recently issued a cautionary order against the granting of pre-trial injunctions to the media in defamation cases, emphasizing the potential threat to freedom of speech and the public’s right to information. This order comes in response to a lower court’s directive to Bloomberg to remove an allegedly defamatory article about Zee Entertainment Enterprises Ltd., which was upheld by the Delhi High Court. The Supreme Court’s directive serves as a reminder of the importance of adhering to the constitutional mandate to protect journalistic expression and the established three-fold test for interim injunctions.

ISSUES:

• Interim Injunctions and Freedom of Speech: The Supreme Court highlighted the potential negative impact of interim injunctions on freedom of speech and public debate. The Court emphasized that granting such injunctions without careful consideration can lead to the suppression of journalistic expression.
• Three-fold Test for Granting Injunctions: The Court reiterated the standard three-fold test for granting interim injunctions, which includes assessing whether there is a prima facie case, whether the balance of convenience favors an interim restraint, and whether not granting the injunction would cause irreparable loss or harm to the plaintiff. The Court criticized the mechanical application of this test without proper analysis of the facts.
• Judicial Orders Against Media: The three types of judicial orders that have been criticized for imposing questionable restrictions on journalistic publications: gag orders that prevent the publication of information related to ongoing cases, broad prior restraint orders based on a plaintiff’s concerns about defamation, and pre-trial orders directing media houses to remove content and refrain from further publication.
• Bonnard vs Perryman Principle: The common law principle established in Bonnard vs Perryman, which states that an injunction in a defamation suit should only be granted if the court is convinced that the content is defamatory and that there is no possible justification for its publication during the trial, such as a defense of truth and public interest.
• SLAPP Suits: The Supreme Court’s order also serves as a reminder of the issue of ‘SLAPP’ suits (Strategic Litigation Against Public Participation), which are legal actions used to intimidate and silence critics by burdening them with the cost of a legal defense until they abandon their criticism.
• Early Injunctions as a ‘Death Sentence’: The Court warned that granting an early injunction in what could be a prolonged trial can act as a ‘death sentence’ for the material that is to be published, effectively censoring the content before it can be fully examined in court.

THE WAY FORWARD:

• Judicious Granting of Injunctions: Courts should exercise exceptional caution when granting pre-trial injunctions, especially ex parte ones, against media platforms. Injunctions should not be granted without establishing that the content is malicious or palpably false.
• Adherence to the Three-fold Test: The three-fold test for granting interim injunctions—assessing prima facie case, balance of convenience, and irreparable loss or harm—must be applied rigorously and not merely recorded as a mantra. Courts must apply their mind to the facts of the case and provide reasoned orders.
• Protection of Free Speech: The constitutional mandate of protecting journalistic expression must be underscored. Courts must balance the fundamental right to free speech with the right to reputation and privacy, and tread cautiously while granting pre-trial interim injunctions.
• Recognition of SLAPP Suits: Courts should be cognizant of the use of SLAPP suits by powerful entities to stifle free speech and public participation. The potential of using prolonged litigation to prevent free speech must be kept in mind by the courts.
• Full-fledged Trials: Injunctions against the publication of material should be granted only after a full-fledged trial is conducted or after the respondent is given a chance to make their submissions.
• Reasoned Orders: Courts granting an injunction are expected to record reasons by analyzing the facts, rather than issuing unreasoned orders that amount to censorship.
• Appellate Intervention: Appellate courts must intervene if the discretion to grant an interim injunction has been exercised capriciously, perversely, or without regard to settled principles of law. The impact of the injunction on the right of free speech further warrants intervention.
• Avoiding Unnecessary Restraints: Courts should avoid issuing outright gag orders, omnibus prior restraint orders, and pre-trial orders to take down articles, except in exceptional cases where the defense advanced by the respondent would be indefensible.

THE CONCLUSION:

The Supreme Court’s admonition serves as a critical check on the issuance of judicial orders that could unduly restrict journalistic freedom, highlighting the need for courts to thoroughly assess the facts before granting injunctions. The Court’s order also addresses the misuse of ‘SLAPP’ suits by powerful entities to suppress public discourse and underscores the severe consequences of early injunctions in defamation cases, which can act as a ‘death sentence’ for the concerned publication.

UPSC PAST YEAR QUESTION:

Q.1 Starting from inventing the ‘basic structure’ doctrine, the judiciary has played a highly proactive role in ensuring that India develops into a thriving democracy. Considering the statement, evaluate the role played by judicial activism in achieving the ideals of democracy. (2014)

MAINS PRACTICE QUESTION:

Q.1 Discuss the impact of judicial orders on media freedom in India, with a special focus on pre-trial injunctions in defamation cases. Analyze the Supreme Court’s recent caution against such injunctions, considering the balance between protecting reputation and ensuring freedom of speech and information.

SOURCE:

https://www.thehindu.com/opinion/editorial/timely-restatement-on-pre-trial-injunctions-against-the-media-and-court-order/article67998564.ece

THE CONTEXT: The Kerala government has filed a petition in the Supreme Court challenging the President’s withholding of assent to four bills passed by the state legislature. This action is part of an ongoing legal battle over the Governor’s refusal to approve bills passed by the assembly. The bills in question relate to state universities and cooperative societies, falling within the state’s jurisdiction.

ISSUES:

• Unconstitutional Action: The Kerala government has challenged the President’s withholding of assent to four bills passed by the Kerala Assembly, arguing that this action is unconstitutional and lacks good faith.
• Violation of Constitution: The state government contends that the actions of the Governor and President violate Articles 14, 200, and 201 of the Constitution, as they pertain to state universities and cooperative societies falling within the state’s domain of law-making.
• Delay and Avoidance: The Governor kept the decision on the bills pending for an extended period, referring them to the President after two years to avoid a Supreme Court direction, which is seen as an unreasonable delay without valid reasons.
• Federal Structure Violation: The state argues that withholding assent by the President based on Union cabinet advice is an encroachment into the state’s domain, violating the federal spirit and structure of governance in India.
• Role of President: The President, as the constitutional head of the country, is expected to act above political considerations. However, her refusal to give assent has raised concerns about partisan and unconstitutional actions.
• Governors’ Role: Governors in opposition-ruled states have been accused of obstructionist behavior, overstepping their powers, and acting like politicians, leading to frequent interventions by the Supreme Court to resolve conflicts between Governors and state governments.

THE WAY FORWARD:

• Judicial Intervention: The Kerala government has already approached the Supreme Court under Article 131 to challenge the President’s actions as unconstitutional. The Supreme Court can provide a ruling that clarifies the constitutional boundaries and powers of the Governor and President in the legislative process.
• Constitutional Amendments: The Sarkaria Commission recommended amending the Constitution to specify time limits and clearer criteria for the Governor and President’s decision-making on state bills. This could prevent indefinite delays and ensure accountability in the legislative process.
• Dialogue and Negotiation: Engaging in dialogue with the central government and the President’s office to find common ground and resolve the issues out of court. This cooperative approach could foster better centre-state relations.
• Sarkaria Commission Recommendations: Appoint experienced individuals to key positions, empower states, promote cooperative federalism, ensure sufficient financial resources for states, and establish a permanent Inter-State Council to resolve disputes.
• Punchhi Commission Recommendations: Establishing a National Integration Council, Amending Articles 355 and 356 to safeguard states’ interests, Consulting states on concurrent list subjects through the Inter-State Council, involving state Chief Ministers in Governor appointments and removals, Regulating the union’s law-making power to ensure state representation.

THE CONCLUSION:

The state government argues that the actions of both the Governor and the President violate key constitutional articles, including Articles 14, 200, and 201. The delay in decision-making by the Governor, followed by a sudden referral to the President, raises concerns about political motives rather than constitutional duties. This situation highlights a growing trend of Governors overstepping their roles, leading to constitutional conflicts that require judicial intervention.

UPSC PAST YEAR QUESTION:

Q.1 Discuss the essential conditions for the exercise of the legislative powers by the Governor. Discuss the legality of the re-promulgation of ordinances by the Governor without placing them before the Legislature. (2022)

MAINS PRACTICE QUESTION:

Q.1 Analyze the role of the Supreme Court of India in addressing disputes between the central and state governments, concerning its jurisdiction and powers. Discuss how this role impacts the federal structure of the country.

THE SOURCE:

https://www.deccanherald.com/opinion/editorial/president-should-be-above-partisan-politics-2951949

THE CONTEXT: The resolution, known as Resolution 2728, was tabled by the UN Security Council’s 10 non-permanent members (E-10) and was adopted recently. The resolution came five and half months after Israel’s assault on Gaza began, in which thousands of Palestinians have been killed and more than 90% of the enclave’s population displaced and facing hunger crisis.

KEY PROVISIONS OF RESOLUTION 2728

• The United States, which has vetoed every U.N. resolution earlier that called for an immediate ceasefire in Gaza did not vote in favour this time. This signals a change in the USA administration’s policy towards the war.
• All other members of the UNSC, including Britain voted for the resolution.

PROVISIONS OF RESOLUTION 2728:

Resolution 2728 includes several key provisions aimed at ending the violence and addressing the humanitarian crisis in Gaza:

• Immediate ceasefire during the month of Ramadan
• Immediate and unconditional release of hostages
• Urgent need to expand the flow of aid into Gaza
• The resolution emphasizes the importance of ensuring humanitarian access to Gaza to alleviate the suffering of the Palestinian population.

ISRAEL STANCE:

• Israel responded in anger by cancelling a planned visit Prime Minister’s close cabinet aides to Washington but this indicates Israel’s weakness.
• Israeli leaders have repeatedly said in recent weeks that an invasion of Rafah, the southernmost town where some 1.4 million Palestinians have been attacked was unavoidable.

Background:

• The latest war was triggered by Hamas’s October 7, 2023 cross-border attack where at least 1,200 Israelis were killed. But what Israel did in subsequent months was to punish the entire population of Gaza for what Hamas did turned international public opinion against it.
• After months-long fighting, Israel has turned much of Gaza into rubble, but has neither destroyed Hamas nor rescued hostages.
• The prolonged war has made Prime Minister immensely unpopular and his coalition partners are at war with one another.
• The war has also increased Israel’s isolation, with tensions rising in its ties even with its close partners, including the U.S. If Israel continues the war with no clear end in sight, it will only worsen the domestic and international challenges.

BROADER ISSUES:

• Regional Instability: The conflict in Gaza has contributed to regional instability and heightened tensions. It has the potential to spill over into neighbouring countries and rise in existing regional conflicts
• Humanitarian Crisis: The conflict has led to a humanitarian crisis in Gaza, with casualties, displacement, and infrastructure damage. The international community has been called upon to address the immediate humanitarian needs of the Palestinian population.
• Displacement and Destruction: Both sides harbour mutual suspicions and apprehensions of violence, such as missile strikes from Gaza and Israeli defence actions. Outside political agendas and preconceptions can occasionally intensify tensions.
• Financial inequalities: Economic restrictions and imbalances lead to escalation of tensions and provoke more disputes.

THE WAY FORWARD:

• Israel stand: Israel must adhere to the UNSC resolution for a ceasefire by making an objective assessment of the situation. The October 7 attack itself was a massive intelligence and security failure for which Israeli Prime Minister should take responsibility. Israel should take the message from the UNSC seriously to stop the war, allow urgent humanitarian assistance into Gaza and continue talks with Hamas through international mediators for both the release of all hostages and the withdrawal of his troops from the enclave.
• Collective efforts: The ongoing conflict has escalated geopolitical tensions. Achieving a peaceful resolution of the issue requires collective efforts from the international community. A balanced approach is crucial, not only for fostering favourable relations with Arab countries but also for maintaining a constructive engagement with
• India’s approach: India’s role in multilateral organizations requires efforts in cooperation with all related parties to achieve security and stability in the Middle East and West Asia. India should use multilateral forums to act as a mediator to resolve the Israel-Palestine issue.
• Abraham accords: The recent normalization agreements between Israel and the UAE, Bahrain, Sudan, and Morocco, known as the Abraham Accords, are the steps in the right direction. All regional powers should envisage peace between the two countries on line of Abraham Accords.

THE CONCLUSION:

The adoption of the UN Security Council resolution is only the first step in the process of achieving a lasting ceasefire and peace in Gaza. The UN, member states, and parties to the conflict must now work together to implement the resolution’s provision and create conditions conducive to a negotiated settlement.

UPSC PREVIOUS YEAR QUESTIONS

Q.1 “India’s relations with Israel have, of late, acquired a depth and diversity, which cannot be rolled back.” Discuss. (2018)

Q.2 ‘Too little cash, too much politics, leave UNESCO fighting for life.’ Discuss the statement in the light of the US’ withdrawal and its accusation of the cultural body as being ‘anti-Israel bias’.(2019)

MAINS PRACTICE QUESTION

Q.1 The recent adoption of resolution for immediate ceasefire in Gaza by UN Security Council reflects its balanced approach to international conflicts and underscores its commitment to principles of diplomacy and negotiated resolution to complex global issues. Comment.

SOURCE: https://www.thehindu.com/opinion/editorial/stop-the-war-on-the-un-security-council-call-for-a-gaza-ceasefire/article67994664.ece

THE CONTEXT: Recently, Delhi Chief Minister and Aam Aadmi Party (AAP) leader Arvind Kejriwal’s arrest by the Enforcement Directorate (ED) raises disturbing questions about the direction of India’s democracy and federalism. This arrest is a reminder of the dangers of misusing enforcement agencies.

WHAT IS THE ISSUE?

• Delhi Excise policy case: The Delhi Excise policy case, in which CM has been arrested, was registered by the CBI in August 2022, based on which the ED launched its money laundering probe. Several other AAP leaders are in jail under the case.
• Against rule of law: If the ED had evidence of corruption, it should have taken the case to trial on a war footing. Keeping the accused in jail, while investigators continue their expedition is against rule of law.
• Impairing democracy: When the accused are political opponents of the ruling party, the arrests is being seen as selective enforcement of the law impairing public confidence in democracy itself.
• Issue with Supreme court: The Supreme Court of India had earlier asked the ED to provide an unbroken chain of evidence showing that ill-gotten money had flowed from the liquor lobby to Mr. Sisodia. The Court had remarked that the competence of the ED lay in bringing to the fore uninterrupted proof linking an accused with the crime proceeds. Later, the Court went on to deny bail to Mr. Sisodia.
• Misuse of central agencies: It is found that democratic politics of this country can be brought to a standstill by central agencies, even as the Court and the Election Commission of India continue to consider all this as routine law enforcement. Also, this is not the first time a central agency has gone after a constitutional functionary as Hemant Soren resigned as Chief Minister of Jharkhand before his arrest by the ED.
• Political Propaganda: The pretext that the law is taking its course will not be convincing to any reasonable mind. It is not a coincidence that central agencies are arresting only Opposition leaders on charges of corruption. The political intent of the arrest of a key leader of the Opposition, and a serving Chief Minister in the run-up to the general election is controversial.

DELHI EXCISE POLICY 2021-22

• It is also known as the new liquor policy and was implemented on November 17, 2021.
• It changed how liquor was sold in the city with the government withdrawing from the business and allowing only private operators to run liquor shops to improve customer experience and stop black marketing.
• However, after the whole controversy around the new excise policy, Delhi reverted to the old excise regime.

Allegations made in the report

• Before the implementation, the policy had first to be examined by the Chief Secretary (CS) of Delhi. The CS allegedly found procedural lapses and irregularities in the new policy.
• In the report, Delhi Deputy CM Sisodia, who heads the excise department, was accused of making changes to the excise policy without the approval of the L-G.
• This report was referred to the CBI, and which led to the arrest of the then Delhi Dy CM Manish Sisodia.
• Two cases, one by CBI and one on alleged money laundering being investigated by ED, have been registered in relation to the excise policy.
• The ED told a court that the alleged proceeds of crime amounted to more than Rs 292 crore, and that it was necessary to establish the modus operandi.
• It also alleged that AAP leaders received kickbacks to the tune of Rs 100 crore from a group of individuals identified as the South Group.

ENFORCEMENT DIRECTORATE (ED)

• ED is a multi-disciplinary organization mandated with investigation of offences of money laundering and violations of foreign exchange laws. It is a non-statutory body under the Department of Revenue, Ministry of Finance.

The statutory functions of the agency include enforcement of following Acts:

• The Prevention of Money Laundering Act, 2002 (PMLA): ED has been given the responsibility to enforce the provisions of the PMLA. It conducts investigation to trace the assets derived from proceeds of crime and ensures prosecution of the offenders and confiscation of the property by the Special court.
• The Foreign Exchange Management Act, 1999 (FEMA):The ED has been entrusted with the responsibility of investigating suspected violations of foreign exchange laws and regulations. Additionally, it has the authority to adjudicate cases and impose penalties on those found to have contravened these laws.
• The Fugitive Economic Offenders Act, 2018 (FEOA): Under this law, the agency is mandated to seize the properties of fugitive economic offenders who have fled from India to evade arrest.
• Sponsoring agency under COFEPOSA: Under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), the ED is empowered to sponsor cases of preventive detention regarding contraventions of FEMA.

WHAT ARE THE ISSUES RELATED TO ED?

• Misuse of Power: The office of ED has a lot of power and discretion in investigating economic crimes like money laundering, and they don’t need permission from the government to prosecute politicians or government officials. However, this power has been misused, as even minor crimes have been brought under the purview
• Lack of Transparency: There is also a lack of transparency in how the ED selects cases to investigate, and they have been known to target opposition parties.
• Malign reputation: Convictions in cases by the ED are minimal but media trials have already ruined the accused’s reputation.
• Political Bias: There have been allegations that political figures who have switched to the ruling party have been given favorable treatment by the ED. These allegations have raised concerns about potential political bias and lack of independence in the ED’s actions.

THE WAY FORWARD

• Transparency and Accountability: The central agencies need to be more transparent in its operations and accountable to the public. Regular reporting on its activities and proactive communication can help address concerns and build trust. Fighting corruption requires reforming investigations and ensuring transparency and fairness in the adjudication process.
• Strengthening Institutional Frameworks: Robust legal frameworks and independent oversight mechanisms are essential to prevent misuse of the ED and uphold its impartiality. The agency can be made an autonomous body to enhance its independence and improve the ED’s image as a reputed agency against economic offenses in our country.
• Collaborative Approach: Fostering a spirit of cooperation and dialogue between the Centre and states is crucial to addressing concerns about federal overreach and building trust in the system.
• Judicial Intervention: The judiciary can play a crucial role in upholding federalism and ensuring due process in ED investigations. Clear guidelines and principles established by the courts can help prevent misuse of the agency.
• Expert Committee Formation: An expert committee comprising legal, constitutional, and administrative experts can be formed to provide recommendations on resolving the issue. This committee should thoroughly analyze the legal and administrative aspects and propose practical solutions that uphold democratic principles.
• Respect for Constitutional Principles: Throughout the resolution process, it is vital for all stakeholders to demonstrate a commitment for upholding constitutional principles, including democratic governance, separation of powers, and the rights of elected representatives.

THE CONCLUSION:

The recent ED-state tussle and arrest of chief minister of Delhi is a complex issue to deal with. However, there is a need to maintain the delicate balance of power between the central government and the elected government of Delhi. Respecting the constitutional framework will provide a solid foundation for resolving the issue in a fair and transparent manner.

UPSC PREVIOUS YEAR QUESTIONS

Q.1 Discuss how emerging technologies and globalisation contribute to money laundering. Elaborate measures to tackle the problem of money laundering both at national and international levels. (2021)

Q.2 Resorting to ordinances has always raised concern on violation of the spirit of separation of powers doctrine. While noting the rationales justifying the power to promulgate ordinances, analyze whether the decision of the Supreme Court on the issue have further facilitated resorting to this power. Should the power to promulgate the ordinances be repealed? (2015)

MAINS PRACTICE QUESTION

Q.1 Enforcement Directorate (ED) has been criticized for  targeting political opponents of the government. How can the agency effectively investigate financial crimes across states while respecting the constitutional provisions?

SOURCE: https://www.thehindu.com/opinion/editorial/aap-trap-on-arvind-kejriwals-arrest-and-democracy/article67981526.ece

THE CONTEXT: India’s general elections, involving 969 million voters, have begun and will span 80 days. The world is watching India’s democracy, which has been both uplifting and contentious in the past decade. Consensus-based processes have weakened, leading to a breakdown of dialogue between the ruling party and the opposition. Nonetheless, India’s democracy remains strong and defies theoretical perspectives.

ISSUES:

• The Essence of Pluralism in Indian Democracy: Pluralism and tolerance define Indian civilization and form the foundation of its democracy. India’s strength lies in its diversity, which includes multiple languages, religions, and cultures. Unfortunately, the selfish interests of some individuals threaten to undermine this fabric. It is crucial to preserve our pluralistic heritage and stand firm against any compromise.
• Addressing the Normative Deficit in Constitutional Framework: India’s constitution recognizes group-specific rights but lacks normative fraternity. Leaders must respond to the challenges of secularism and religious pluralism to maintain goodwill among communities.
• Socioeconomic Deprivation and Intersectional Oppression: India’s growth towards global power must be accompanied by a sense of responsibility. Intersectional oppression affects people across class, caste, gender, and religion, leading to deep-seated deprivation. A new social contract is needed, where the state plays a pivotal role in income distribution and risk management to ensure progress benefits everyone.
• The Imperative for Scientific Temper: A modern and progressive society requires scientific temper, open-mindedness to new knowledge, critical thinking, and discarding superstitions. Education liberates society from oppression and injustice, but we must overcome unscientific thought patterns that still influence significant populations.
• Electoral Democracy as a Reflection of Public Will: India’s democratic elections are characterized by high voter turnout, frequent changes in incumbents, and robust political competition. Upholding the values of justice, liberty, equality, and fraternity is crucial. The general elections allow citizens to shape their country’s future, reinforcing India’s reputation as a progressive and pluralistic society.
• The Role of Education in Shaping Democracy: Education is crucial in shaping a democratic society. It fosters individual and community agency, which is fundamental for freedom of choice. The democratization of knowledge is necessary to overcome the barriers of unscientific thought and superstition that impede societal progress.

THE WAY FORWARD:

• Fostering Inclusivity and Tolerance: India must actively foster an environment of inclusivity and tolerance to preserve its precious heritage of pluralism. Educational institutions should emphasize the importance of diversity and civic engagement programs can bridge divides. Celebrating diversity and encouraging open dialogue can strengthen India’s democracy and promote mutual understanding among different groups.
• Strengthening Constitutional Values: India’s Constitution has a normative deficit, particularly in terms of fraternity. We need to reinforce values of fraternity, equality, and justice through legal reforms, public awareness campaigns, and engaging civil society organizations. Together, we can ensure that the constitutional framework is a living embodiment of India’s democratic ethos.
• Addressing Socioeconomic Disparities: India needs a multifaceted approach to combat socioeconomic deprivation and intersectional oppression, including policy reforms, social welfare programs, and inclusive economic development strategies. Land reforms, increased access to quality education and healthcare, and targeted economic policies can reduce inequalities. Public-private partnerships can provide opportunities for marginalized communities. Prioritizing social justice and equitable growth will help India become more inclusive.
• Promoting Scientific Temper and Rational Thought: To advance scientific temper, education reform, public awareness, and critical thinking skills are crucial. Prioritizing scientific literacy and critical thinking from an early age is essential. Media and public awareness campaigns can also promote rationality and evidence-based decision-making. Cultivating a society that values scientific temper can lead India towards progress and innovation.
• Enhancing Electoral Participation and Representation: To strengthen India’s electoral democracy, we need increased voter participation and representation. Voter education campaigns can inspire higher turnout, while electoral reforms can guarantee fair representation of all segments of society. By fostering an engaged and informed electorate, we can ensure that our political system remains responsive to the needs and aspirations of its citizens.
• Leveraging Education for Democratic Engagement: Education promotes democratic engagement. Programs that emphasize civic responsibility, democratic values, and active participation can empower citizens to shape society. Critical thinking skills and debate platforms prepare students for democracy. India can build a stronger democracy by investing in education for an informed, responsible, and active citizenry.

THE CONCLUSION:

India’s democracy excels in voter turnout, incumbents’ turnover, and political contestation. The upcoming general elections are a chance to carefully choose leaders for a just, fair, and constitutional society. Every citizen’s small effort can contribute to a more inclusive and modern India. Let’s approach the elections with positivity and shape a brighter future for the country.

UPSC PAST YEAR QUESTIONS:

Q.1) The Indian party system is passing through a phase of transition which looks to be full of contradictions and paradoxes.” Discuss. 2016

Q.2) Are tolerance, assimilation, and pluralism the key elements in the making of an Indian form of secularism? Justify your answer. 2022

Q.3) It is believed that adherence to ethics in human actions would ensure in smooth functioning of an organization/system If so, what does ethics seek to promote in human life? How do ethical values assist in the resolution of conflicts faced by him in his day-to-day functioning? 2022

MAINS PRACTICE QUESTION:

Q.1) Analyze the challenges faced by India’s democracy in preserving pluralism, fostering equitable growth, and transitioning to a modern, rational society. Suggest measures to address these challenges.

SOURCE:

https://www.deccanherald.com/opinion/how-we-the-citizens-must-see-this-election-2949221

THE CONTEXT: After the recent arrest of Delhi Chief Minister, questions are being asked about whether he can continue to occupy a public office that demands a high degree of morality. Aam Aadmi Party leaders have insisted that he will remain the Chief Minister.

ARGUMENTS IN SUPPORT

• Arvind Kejriwal has not tendered his resignation from the post of Chief Minister. The Aam Aadmi Party (AAP) said he will continue as the chief minister of Delhi and will run the government from jail.
• As per the rules, he loses the position only in these scenarios

1. if he loses the majority in the House
2. his party tells him to step down, he resigns from the position
3. if the President intervenes.

• Section 8 of the Representation of the People Act 1951 only bars due to disqualification and in this case, that is not the issue.
• A decade ago, the Law Commission recommended disqualification of an MP or an MLA if charges were framed against them in any such case. But these recommendations were never accepted by the government or put in place.
• They also hold the view that President’s Rule does not apply in this case because there is no breakdown of the constitutional machinery.

WHAT DOES LAW SAY?

• As per the Constitution, the President of India and governors of states and Union territories are exempt from civil and criminal proceedings until his/her term ends, as per the law.
• Article 361 of the Constitution says that the President of India and Governors of states are not answerable to any court of law for “any act done in discharge of their official duties”.
  However, this does not extend to the prime minister or chief minister of a state.
• Also, there is no law that stops a chief minister from running the administration of a state from behind bars.
• As per Representation of the People Act, 1951, an MLA or MP is only disqualified when convicted. As of now, CM of Delhi has not been convicted that means he can technically and legally continue in office. Section 8, Clause 3 of the Representation of the People Act deals with disqualification of a lawmaker and says a person convicted for an offence and sentenced to two years or above shall be disqualified from the date of such conviction. It says the lawmaker shall continue to be disqualified for a further period of six years after his release.
• Also, there is no specific provision in the law that a chief minister had to necessarily resign and pass on the baton to somebody if he or she was arrested.

WHAT ARE CHALLENGES FROM GOVERNING BEHIND BARS?

• Though there is no law that stops Delhi CM from continuing to run the Delhi government from jail but it is difficult to do so in reality.
• There are many practical and even constitutional problems to running a state administration from prison.
• As per jail manual, there is no precedent to a chief minister working from jail. As per the current jail rules, an inmate can meet family, friends, or associates only twice a week. In such a situation, it will be difficult for him to govern.
• The jail manual lays down specifically that an undertrial is allowed meetings only twice a week. Conducting Cabinet meetings and maintaining secrecy of government files would be difficult if carried to the Tihar Central Jail.
• Undwrtrials are allowed only specific documents, including court applications and vakalatnamas.
• There are also constitutional ramifications of these actions. A chief minister governing from jail indicates a “failure of constitutional machinery in state” which could be used to argue for the imposition of President’s Rule.
• Article 239 AB gives powers to lieutenant governors to recommend to the President of India to suspend the operation of Article 239 AA.
• Thus, the LG could recommend the imposition of President’s Rule if he believes that there is a breakdown of constitutional machinery in Delhi.

JUDGEMENTS: BY THE MADRAS HIGH COURT IN S. RAMACHANDRAN VERSUS V. SENTHIL BALAJI

• The judgement referred to arguments made in court on whether a Minister must forfeit his right to occupy a public office that demands a high degree of morality if he is accused of a “financial scandal”.
• A former Tamil Nadu Electricity Minister, was arrested by the ED on money-laundering charges but he continued to be a state minister without portfolio while he was in judicial custody.
• The Madras High Court judgment highlighted discussions by lawyers in court about the practical difficulties of being a Minister while in custody. For example, a Minister sitting in prison cannot ask the Secretary of the State to get the files concerning any of the departments without breaching the oath of office.
• The arguments referred to a 2014 Constitution Bench judgment of the Supreme Court in Manoj Narula versus Union of India, which had held that

1. The basic norm for holding a public office was constitutional morality, that is, to avoid acting in a manner contradictory to the rule of law.

2. The second norm was good governance. It was argued in the Madras High Court that “the government has to rise above narrow private interests or parochial political outlook and aim at doing good for the larger public interest”.

3. The third was constitutional trust, that is, to uphold the high degree of morality attached to a public office.

• The High Court concluded that as minister did not “completely suffer a disqualification as a Member of Legislative Assembly under the Representation of People Act, 1951”. However, the High Court had agreed that citizens expect that persons in power had high standards of moral conduct. Political compulsion cannot outweigh the public morality, requirements of good/clean governance and constitutional morality.

THE CONCLUSION:

Addressing the concerns of federal overreach, political misuse, and ensuring fair investigations requires a multi-pronged approach involving legal reforms, institutional strengthening, and a commitment to transparency and accountability. The practical difficulties can be sorted if L-G exercises powers under the Prison Act to declare any facility as ‘prison’. Judgments in the Supreme Court and High Courts have previously concluded that constitutional morality, good governance, and constitutional trust are the basic norms for holding a public office.

SOURCE: https://www.thehindu.com/news/national/can-kejriwal-can-continue-to-be-cm-while-in-custody-lessons-from-the-senthil-balaji-case/article67981688.ece

THE CONTEXT: India’s water crisis is a pressing issue that demands immediate and innovative solutions. The country’s reliance on outdated agricultural practices, rapid urbanization, and climate change only worsens the situation, exacerbating the scarcity, pollution, and inefficient management of water. However, there are successful examples of water management strategies from both national and international sources that serve as beacons of hope for the future.

THE ISSUES:

• Water Scarcity and Availability: India faces a severe water crisis due to physical water scarcity. The country has only 4% of the world’s freshwater resources but 18% of the global population. Groundwater depletion due to overexploitation, especially for agriculture, has led to drying up of rivers, reservoirs, and other water bodies, particularly during the summer months. Climate change and erratic rainfall patterns have exacerbated the problem.
• Water Quality Degradation: Surface water bodies and groundwater sources are heavily polluted due to the discharge of untreated sewage and industrial effluents. This has led to a deterioration of water quality in many rivers, lakes, and other water sources.
• Inadequate Water Infrastructure and Management: India lacks proper surface and groundwater management systems. Many water bodies have silted up due to poor maintenance, leading to reduced storage capacity. The water distribution system is inefficient, with high losses. Integrated water resource management is lacking.
• Socioeconomic Impacts: The water crisis disproportionately affects rural and urban poor communities. Women and girls bear the burden of fetching water over long distances. Water scarcity threatens food security, economic development, and the functioning of ecosystems.
• Governance and Policy Challenges: Lack of proper regulation and oversight on groundwater use, subsidies and policies that encourage unsustainable water use, poor coordination between government departments, and lack of community awareness and participation in water management are key governance challenges.

THE WAY FORWARD:

• Rainwater Harvesting: Implementing rainwater harvesting systems can significantly enhance water availability. For example, in the state of Tamil Nadu, rainwater harvesting has been made mandatory for all new buildings. This has led to a noticeable improvement in groundwater levels in many areas.
• Efficient Irrigation Techniques: Adopting micro-irrigation systems like drip and sprinkler irrigation can reduce water usage in agriculture. The state of Gujarat has successfully implemented such systems through its Sardar Patel Sahakari Jal Sanchay Yojana, leading to increased water use efficiency among farmers.
• Wastewater Reuse: Treating and reusing wastewater can alleviate pressure on freshwater resources. The city of Nagpur has initiated a project to treat sewage water and supply it for industrial use, reducing the reliance on freshwater sources.
• Integrated Water Resource Management (IWRM): IWRM approaches involve coordinating the development and management of water, land, and related resources. The Chhattisgarh government has adopted IWRM to manage the Indravati river basin, ensuring equitable distribution of water for various needs.
• Water Conservation Campaigns: Awareness campaigns can play a crucial role in changing public attitudes and behaviors towards water conservation. The Indian government’s Jal Shakti Abhiyan is a campaign for water conservation and water security, with activities like water conservation and rainwater harvesting, renovation of traditional water bodies, reuse of water, and intensive afforestation.
• Groundwater Regulation: Regulating groundwater extraction can prevent overuse. The Central Ground Water Authority (CGWA) in India issues guidelines and regulations for the sustainable extraction of groundwater.
• Technological Innovations: The use of technology, such as IoT-based automation for irrigation, can optimize water use. In the state of Andhra Pradesh, the government has introduced a digital agriculture initiative that includes IoT devices to help farmers monitor soil moisture and plan irrigation more effectively.

THE CONCLUSION:

India’s future hinges on careful water management. To achieve sustainable and peaceful growth, India must embrace an all-encompassing approach that blends technology, community engagement, and policy reform. Drawing inspiration from global best practices, the country is poised to overcome its water-related challenges and set a precedent for environmental stewardship and socio-economic resilience. The journey towards water security will be critical in shaping India’s future, and with the right approach, the country can pave the way for a prosperous and sustainable tomorrow.

UPSC PAST YEAR QUESTIONS:

Q.1) How and to what extent would micro-irrigation help in solving India’s water crisis? (2021)

Q.2) Suggest measures to improve water storage and irrigation system to make its judicious use under depleting scenario. (2020)

Q.3) What are the salient features of the Jal Shakti Abhiyan launches by the Government of India for water conservation and water security? (2020)

MAINS PRACTICE QUESTION:

Q.1) Considering the multifaceted nature of India’s water crisis, which includes both anthropogenic factors and climate change impacts, critically analyze the effectiveness of current water management strategies.

SOURCE:

https://www.thehindu.com/opinion/lead/water-an-instrument-to-build-world-peace/article67977390.ece

THE CONTEXT: Recently, Baloch separatists armed with guns and bombs attacked Pakistan’s strategic Gwadar port, key to the multi-billion-dollar China-Pakistan Economic Corridor. Pakistan security forces restrained the complex coordinated attack on Gwadar Port Authority Complex in a two-hour-long battle and claimed to have neutralised all eight militants.

WHO ARE THE MAJEED BRIGADE?

• The Majeed Brigade of the Balochistan Liberation Army (BLA), claimed responsibility for the attack, stressed that their fighters had targeted Pakistan’s Inter-Services Intelligence (ISI) and Military Intelligence facilities.
• The Baloch Liberation Army (BLA) is the most prominent of the many separatist groups in Pakistan’s restive Balochistan province.
• The Majeed Brigade, which has been active since 2011, is the BLA’s dedicated suicide squad. The unit is named after two brothers, both of whom were called Majeed Langove.
• The Majeed Brigade is well-armed and possesses high-grade weapons, including improvised explosive devices (IED), anti-personnel and anti-tank mines, grenades, rocket-propelled grenades (RPGs) and various automatic weapons.
• Although the Majeed Brigade is fast becoming a more lethal arm of the BLA, being a BLA member is not a prerequisite to join the Majeed Brigade. Insurgents from other Baluch separatist organizations who volunteer for suicide terrorism can join the Majeed Brigade.

ISSUES:

• Troubled relations of neighbours with Pakistan: Apart from serious domestic troubles on security, Pakistan does not enjoy good relations with most of its neighbours at the moment. The growing infrastructure for violence in the country does not goes well for the region.
• Baloch insurgency: The Baloch insurgency in Pakistan has been gaining momentum for the past two years and insurgents regularly breach the security of Pakistani military and paramilitary installations across the country. The Gwadar incident is yet another big attack that points to the growing capability of armed Baloch groups.
• Economic Disparities: The Baloch homeland is rich in natural resources, but economic disparities persist. In Iran, a significant portion of the Baloch population lives under the poverty
• Issues faced in Balochistan: Apart from economic deprivation and lack of political freedom, the burning issues in Balochistan have been the forced disappearances of thousands of men and extrajudicial killings of many of those reported missing.
• Importance of Gwadar port: Balochistan and the Gwadar port are immensely important for Pakistan, especially for the army that has taken on the responsibility of making the China-Pakistan Economic Corridor (CPEC) and its end port, Gwadar, a success story for China’s Belt and Road Initiative.
• Chinese issues: The Chinese though for now continue holding the hand of the “all-weather ally” with respect to moving forward on CPEC and Gwadar port. However, in the larger scheme of things in the Indian Ocean region, given the grave security imperatives for Pakistan, the Gwadar port may not be able to compete with the Iranian port of Chabahar for business and trade.
• Security Concerns: Escalating tensions may raise security concerns for neighbouring countries, particularly India and Afghanistan. The region is already filled with security challenges, and heightened tensions could worsen the situation.

THE WAY FORWARD:

• Counterterrorism Cooperation: Pakistan’s political and economic situation can provide an opportunity for India to engage with the international community in addressing the issue of cross-border terrorism. India can strengthen its case for global cooperation in combating terrorism and isolating state-sponsored terror networks.
• Change in foreign policy: India as a rising power with growing economic and security interests in the region, needs to rethink its traditional neutrality and passive approach in the Middle East and Central Asia.
• Regional Power Projection: The border clashes between Iran and Pakistan must not be allowed to escalate as it will create another war frontier in Asia. Start of war in this region could not only hamper peace, it may further create economic problems for the whole world.
• Strengthening Regional Connectivity: India can capitalize on Pakistan’s current challenges by promoting regional connectivity initiatives, such as the Chabahar port in Iran or the International North-South Transport Corridor (INSTC). These projects can bolster India’s access to Central Asia, Afghanistan, and beyond, enabling trade diversification and enhancing India’s regional influence.
• Economic Cooperation with Other Countries: India can position itself as a stable and attractive investment destination in the region. With Pakistan facing economic challenges, India can leverage its economic growth and stability to attract foreign direct investment (FDI) and foster closer economic ties with other nations.

THE CONCLUSION:

The implications of escalating tensions in the region are multifaceted and extend beyond bilateral relations. The situation has the potential to impact regional stability, security dynamics, and the broader geopolitical landscape in the region. Diplomatic efforts and de-escalation measures is crucial to mitigate the risks and prevent further deterioration of the situation.

UPSC PREVIOUS YEAR QUESTIONS

Q.1 Peace in the Indian subcontinent presupposes amity between India and Pakistan. Examine. (2018)

Q.2 In what ways would the ongoing U.S-Iran Nuclear Pact Controversy affect the national interest of India? How should India respond to this situation? (2018)

MAINS PRACTICE QUESTION

Q.1 The implications of escalating tensions in the region due to Baloch attacks on Gwadar Port are multifaceted and extend beyond bilateral relations. Comment.

SOURCE: https://indianexpress.com/article/opinion/columns/gwadar-attack-pakistan-army-failures-foreign-hand-excuse-9227155/

THE CONTEXT: Recently, the World Happiness Report, 2024 was released noting that while the top 10 countries in the list have remained the same since before the Covid-19 pandemic. India was ranked 126th out of 143 nations in a global happiness index which noted that older age is associated with higher life satisfaction compared to younger ones in the world’s most populous country.

WHAT IS WORLD HAPPINESS REPORT?

• The World Happiness Report is a partnership of Gallup, the Oxford Wellbeing Research Centre, the UN Sustainable Development Solutions Network, and the WHR’s Editorial Board.
• The World Happiness Report reflects a worldwide demand for more attention to happiness and well-being as criteria for government policy.
• It reviews the state of happiness in the world today and shows how the science of happiness explains personal and national variations in happiness.
• The ranking uses six key factors to measure happiness i.e social support, income, health, freedom, generosity, and absence of corruption.
• Since 2012, the World Happiness Report has been released annually around March 20th as part of the International Day of Happiness celebration.

FINDINGS OF WORLD HAPPINESS REPORT, 2024

• Nordic nations continue to dominate the top rankings, with Denmark, Iceland, and Sweden following closely behind Finland.
• Out of the 143 countries surveyed, Afghanistan remained at the bottom of the list, facing ongoing humanitarian crises since the Taliban regained power in 2020.
• The United States and Germany, after more than a decade, have fallen below the top 20 happiest nations, securing the 23rd and 24th positions respectively. Costa Rica and Kuwait have entered the top 20, claiming the 12th and 13th spots.
• Only the Netherlands and Australia, both with populations exceeding 15 million, are present in the top 10, while Canada and the UK, with populations over 30 million, are found in the top 20.
• The ranking of happiness is determined by individuals’ self-assessed evaluations of life satisfaction, along with factors such as GDP per capita, social support, healthy life expectancy, freedom, generosity, and corruption.
• The report underscores a change wherein the happiest countries no longer include any of the world’s most populous nations.

INDIA SPECIFIC FINDINGS:

• India ranked 126, the same as 2023 in the happiness index. Factors such as marital status, social engagement, and physical health also influence life satisfaction among older Indians.
• Satisfaction with living arrangements emerges as a critical factor, reflecting the strong desire among older Indians to age in place and maintain autonomy and social bonds.
• This study challenges the notion that age-related satisfaction is exclusive to high-income nations and underscores the importance of considering diverse factors affecting life satisfaction among older adults in India.
• India’s older population ranks second globally, with 140 million individuals aged 60 and above, trailing only China.
• The growth rate of this demographic surpasses three times the country’s overall population growth rate. While this demographic shift signifies social and economic advancement, comprehending the factors that impact the quality of life in old age remains essential.
• Life satisfaction among older adults in India shows an interesting trend, contradicting the notion that age-related satisfaction is only prominent in high-income nations.
• Education level and social caste exert notable influence, as individuals with higher education and from elevated social castes tend to report higher life satisfaction.
• Furthermore, adjustment with living arrangements, perceived discrimination, and self-assessed health status emerged as key indicators of life satisfaction among older Indians.

ANALYSIS OF THE REPORT:

• Aristotle theory: There is a common-sense understanding that age is inversely proportional to happiness as cares and responsibilities mount as death draws ever closer joy diminishes. Aristotle disagreed with this common sense and thought that a good life, was a function of, among other things, wealth and virtue things that take a while to acquire. The latest World Happiness Report is closer to Aristotle’s conception.
• Contradiction of west with other countries: Countries in the West the US, UK, Australia, among others have seen a sharp increase in despair among young people. Economic uncertainty, social media are some of the likely reasons for this. In much of the rest of the world, however, the trend is the opposite young people are, by and large, happier.
• India specific: Unlike most other lower middle income and middle income countries, especially those with a large young population, the old in India are happier. Among the elderly, it is upper-caste men with higher education qualifications who feel the happiest, most optimistic and included. The data shows caste, gender and class determine social well-being and a psychological sense of security.
• Economic-Centric Development: The challenge lies in shifting the development narrative from an economic-centric model to one that prioritizes happiness and well-being.
• Social Disruption: The current economic-focused development model may lead to social disruption, imbalances, and contradictions.
• Disregard for Social Indicators: The conventional focus on GDP fails to consider crucial social indicators, neglecting human and social aspects of development.

THE WAY FORWARD

• Learning from International example: Nordic countries consistently perform well in the World Happiness Report due to their strong government traits, including effective financial management, service delivery, rule of law. India needs to prioritize citizen welfare, contributing to their higher levels of happiness similar to these Nordic countries.
• Prioritize social welfare alongside economic growth: There is a need to foster environmental sustainability and conservation efforts. Ensuring access to quality education and healthcare for all and addressing social inequalities and discrimination can be implemented to promote community engagement and social cohesion.
• Personal Achievement: Completing a long-term goal, like graduating from university, can bring a profound sense of happiness and accomplishment to an individual. Spending a relaxing day with family or friends, and engaging in activities you enjoy together, can foster happiness through social connections.
• Social Support Systems: Societies that prioritize community support networks, such as accessible healthcare, education, and social welfare programs, contribute to the overall happiness and well-being of their citizens.

THE CONCLUSION:

The pursuit of happiness is intertwined with sustainable development, combining social inclusion and environmental preservation. India must adopt a holistic approach encompassing economic, social, and political dimensions to achieve genuine progress and enhance overall happiness, prioritizing not just economic growth but also social welfare and good governance.

UPSC PREVIOUS YEAR QUESTION

Q.1 “Access to affordable, reliable, sustainable and modern energy is the sine qua non to achieve Sustainable Development Goals (SDGs)”. Comment on the progress made in India in this regard. (2018)

MAINS PRACTICE QUESTION

Q.1 The conventional focus on an economic-centric model fails to consider crucial social indicators, neglecting human and social aspects of development. Comment.

Source: https://indianexpress.com/article/opinion/editorials/express-view-on-indias-unhappy-genz-young-and-listless-9225452/

THE CONTEXT: The Electoral Bond Scheme (EBS) aimed to create a transparent channel for political funding by eliminating black money. However, the scheme has been criticized for failing to ensure transparency and enabling unaccounted funds due to anonymity. The Supreme Court’s observations and controversies highlight the challenges in achieving its objectives.

ISSUES:

• Ambiguity and Lack of Transparency: Despite the intention to create a ‘clean’ channel for political funding, the EBS has been criticized for its lack of transparency. The scheme allows donors to remain anonymous, raising questions about the true source of political donations and whether it effectively prevents the flow of black money into politics.
• Enforceability and Accountability Concerns: The scheme’s design makes it difficult to investigate the sources of funds used to purchase electoral bonds. A confidentiality clause prevents the disclosure of the buyer’s identity, except under specific conditions, which complicates the enforcement of laws against illegal funding and accountability of political donations.
• Potential for Misuse: There are concerns that the scheme may not have stopped the use of black money in politics, as intended. The anonymity provided to donors could potentially facilitate a quid pro quo arrangement between donors and political parties, without any easy means to trace or investigate such dealings.
• Legal and Regulatory Objections: The Supreme Court and the Reserve Bank of India (RBI) have raised concerns about the scheme. The RBI’s initial objections led to an amendment in its act, highlighting regulatory apprehensions about the scheme’s impact on financial transparency and governance.
• Uneven Playing Field for Political Donors and Parties: The scheme may create disparities among political donors and parties. Donors who contribute to the ruling party might face allegations of quid pro quo, while those who do not could suffer adverse consequences. This situation could lead to an uneven competitive landscape in political funding and campaigning.
• Public Debate and Legislative Responsibility: The resolution of these issues should not solely rely on judicial intervention but requires a consultative process involving Parliament. It calls for a more transparent and accountable system of political funding that avoids the pitfalls of the EBS and ensures a level playing field for all political entities.

THE WAY FORWARD:

• Enhanced Transparency and Accountability: The political funding needs to be truly clean, there needs to be a system in place that ensures transparency and accountability. This could involve revising the EBS to make the sources of political donations more transparent, ensuring that the public and regulatory bodies can scrutinize the origins of political funds. Sweden and Canada have been successful in reducing the influence of private donations on political parties through generous public subsidies, which far exceed private donations. This success is attributed to strong disclosure laws, strict monitoring of electoral expenses, and tax incentives for smaller contributions.
• Legislative and Regulatory Reforms: The issues with the EBS cannot be resolved solely through judicial intervention but require legislative action. Parliament is called upon to engage in a consultative process to find a more effective solution for political funding. This could involve crafting laws and policies in a transparent manner, with input from various stakeholders, to address the complexities of political funding. The UK’s experience with the significant rise in spending by groups other than the main campaigns in the 2016 referendum suggests that there may be a case for tighter restrictions on the volume of third-party activity to protect the primacy of political parties and candidates.
• Public Debate and Engagement: A significant part of the solution involves fostering a public debate on the issue of political funding. There is an unprecedented need for political parties and the public to engage in discussions about the importance of clean money in politics. This could help build consensus on the need for reforms and the direction those reforms should take.
• Seeking Alternatives to the EBS: The apex court is criticized for not suggesting alternative methods of political funding that could be less problematic than the EBS. It implies that finding a reasonable way forward requires exploring other models of political funding that prioritize transparency and reduce the risk of corruption. This could involve looking at successful models from other democracies or innovating new methods that suit the Indian context. Japan and Germany have managed to reduce the costs of elections and dependency on private business through a mix of supporting reforms, including bans on corporate donations, imposing spending ceilings, and improving transparency, along with public funding.
• Commitment to Clean Funding by Political Parties: Ultimately political parties themselves need to be committed to accepting only clean money. This involves a cultural shift within parties to prioritize ethical funding practices and reject funds that do not meet transparency standards. Political parties are encouraged to lead by example and demonstrate their commitment to clean politics.
• Voter Awareness and Demand for Probity: Vigilant voters ought to demand higher standards of probity from their political parties. Voters deserve better and should not settle for explanations that justify the status quo. By demanding transparency and accountability, voters can play a crucial role in pushing for reforms in political funding. International organizations like the Open Government Partnership and International IDEA advocate for increasing political finance transparency as part of the global anti-corruption agenda.

THE CONCLUSION:

Parliament should involve all stakeholders in addressing the drawbacks of EBS and creating a more transparent and fair system for political funding. It requires collective efforts from lawmakers, political parties, and civil society to reform the current system and ensure that political funding does not compromise the democratic values of fairness and integrity.

UPSC PAST YEAR QUESTIONS:

Q.1 To enhance the quality of democracy in India the Election Commission of India has proposed electoral reforms in 2016. What are the suggested reforms and how far are they significant to make democracy successful? 2017

Q.2 What does ‘accountability’ mean in the context of public service? What measures can be adopted to ensure individual and collective accountability of public servants? 2014

MAINS PRACTICE QUESTION:

Q.1 ‘’Transparency in political funding is required for good governance”. Explain.

SOURCE: https://www.thehindu.com/opinion/lead/indias-voters-deserve-a-bond-of-probity/article67973238.ece

THE CONTEXT: The Indian Ocean region faces many traditional and non-traditional safety and security challenges and is vulnerable to criminals and anti-national activities. While the Indian government’s focus from January 2021 was fixed on the Indo-Pacific with a sustained endeavour to strengthen the Quad, policy attention has shifted back to the Indian Ocean since October 2023.

THE POLICY SHIFT

• Indian ocean active again: Both the Western Indian Ocean littered with island nations and the Northern Indian Ocean stretching from the Arabian Sea to the Suez have become active geographies again
• Issue in transit through suez canal: The gradual regionalisation of the Israel-Hamas conflict, as reflected in the attacks by Houthi rebels on international shipping, has now led to a massive drop in transits through the Suez Canal. The diversion of ships to the longer route around the Cape of Good Hope adversely affects all nations in the region.

Countries stance:

• Maldives: Maldives, with Mohamed Muizzu as President, seems to be at loggerheads with India. Despite India’s diplomatic tact, madives continues to deepen its ties with China.
• Sri Lanka: Sri Lanka showed greater sensitivity to India’s security concerns by imposing a year-long moratorium on foreign research ships, including Chinese ones, to its ports.
• Mauritius: Recently, India’s SAGAR policy produced a valuable outcome as the Prime Ministers of India and Mauritius inaugurated a new airstrip and a jetty in the Agalega Islands, boosting Mauritius’s capability to curb illegal activities in its vast Extended Economic Zone.

CHINA’S ANGLE

• Objective of dominance: The new chain of developments is set to expand the Chinese Navy’s footprint in the region and to attain its broad objective of dominance. With the Maldives as a willing partner, China announced a new agreement under which unspecified military assistance would be extended to Maldives.
• China-India contestation: The strategic contestation between China and India is intensifying. Much of China’s trade and energy supplies pass through the region, so its case for security for its supply routes cannot be dismissed. But China’s strategic intent to create an adverse environment for India’s security by turning the country’s neighbours against India is worrisome.
• Alignment of countries towards China: A clear pattern is emerging behind China’s quest for naval bases in Djibouti, Kyaukphyu, Gwadar, and Hambantota. This, combined with the nearly four-year-old border standoff, which has defied a diplomatic resolution, has meant the two nations continue to confront each other as adversaries. Each of these players seeks closer economic and security cooperation with India, and incremental progress is taking place. But they display a ‘studied ambiguity’ when it comes to interpreting China’s behaviour and the long-term motivations driving it.

OTHER MAJOR ISSUES IN INDIAN OCEAN REGION

• Geopolitical Competition: Indian Ocean region is a hotspot for geopolitical competition among major powers and regional actors. The competition involves strategic interests, influence, and access to resources, leading to tensions and potential conflicts. The Indian Ocean occupies a central position because of presence of key chokepoints such as the Strait of Hormuz, the Bab el-Mandeb Strait, and the Malacca Strait which further enhances its strategic significance.
• Maritime Security Threats: The region is vulnerable to various maritime security threats, including piracy, smuggling, illegal fishing, and terrorism. The vastness of the Indian Ocean makes it challenging to monitor and secure its maritime domain effectively.
• Environmental Challenges: Climate change, rising sea levels, coral reef degradation, and marine pollution are significant environmental challenges in the region. These issues affect coastal communities, marine ecosystems, and the livelihoods of millions of people.

THE WAY FORWARD:

• Indo Pacific: India and the U.S. are key stakeholders in the Indo-Pacific region. The Indo-Pacific strategy covers both the Pacific and Indian Oceans, but when danger deepens, the immediate neighbourhood matters more than distant shores.
• International Cooperation: International cooperation is needed to address the strategic competition with China. Collaboration in underwater domain awareness has been identified as a key goal in dealing with the “emerging” threats.
• Global leaders: Geographic proximity to the region demands that the global leaders as UK, EU takes clear approach on China’s activities. While they are concerned about China’s illegal claims in the South China Sea, they must see that a similar kind of assertiveness and hostile intent is building up in the Indian Ocean too.
• India’s stand: India needs to convey a clear message to its strategic partners that while it is conscious of its Indo-Pacific responsibilities, it prioritises the Indian Ocean region.
• Critical audit of IORA and CSC: A critical audit of the Indian Ocean Rim Association (IORA) and the Colombo Security Conclave (CSC) is needed. While IORA is underperforming and has become too complicated to be effective, the CSC faces the danger of losing a key member, the Maldives, if the island nation’s partnership with China deepens.
• Mechanism for blue economy: India should encourage the creation of a new mechanism with the objective of enhancing maritime security and optimising the potential for the Blue Economy. This group could comprise four nations from the neighbourhood (India, Sri Lanka, Bangladesh, and Myanmar) and four island states (Mauritius, Seychelles, Comoros, and Madagascar). The ninth seat may be kept for the Maldives if it adopts a sensible policy. This group can be named the ‘Indian Ocean Cooperation Organisation.’
• Strengthening Navy: Foreign Affairs Insights & Review ranked the Indian Navy the seventh most powerful in the world. As India aims to become the third largest economy, it should find new budgetary resources for its Navy to make it the third or fourth strongest.

THE CONCLUSION:

As, both the Western Indian Ocean and the Northern Indian Ocean have become active geographies again. There is a need for sustained international cooperation to enhance maritime security in the region. A rule based approach is needed for freedom of navigation, the sustainable exploitation of maritime resources, and the peaceful resolution of disputes.

UPSC PREVIOUS YEAR QUESTIONS

Q.1 Discuss the major challenges for India in framing a credible Maritime Doctrine.(2021)

Q.2 As a rising China projects its economic and military power into the Indian Ocean, any strategy for regional balance by the government in India would necessarily involve the economic and military development of the Andaman & Nicobar Islands. Examine. (2019)

MAINS PRACTICE QUESTIONS

Q.1 Discuss the strategic importance of Indian Ocean with respect to recent policy shifts in the region. How can India respond to the debate by endorsing a multiple stakeholder approach to enhancing maritime security in the region.

Q.2 Securing Indian Ocean Region is of central importance to enhancing maritime security of the region. Comment.

SOURCE: https://www.thehindu.com/opinion/op-ed/all-eyes-are-now-on-the-indian-ocean-region/article67964873.ece