TOPIC- FACING ETHICAL DILEMMA: PUBLIC SAFETY VS INDIVIDUAL PRIVACY

The Context: Facial recognition technology (FRT) is rapidly developing and gaining widespread use in recent years. Its ability to identify individuals has been used in various fields, from law enforcement (Policing in Jaipur) and security (DigiYatra App at the airports) to marketing and social media. While the technology has the potential to revolutionize these fields, there are also concerns about its impact on privacy and human rights. This article analyses the ethical dilemmas involved from the UPSC perspective.

Mass surveillance: Mass surveillance refers to the widespread or large-scale spying or monitoring of vast groups of people, often carried out by governmental agencies, but also by corporations, especially in the context of collecting and storing large amounts of personal data. This surveillance can be executed through various means, including but not limited to:

  • CCTV Cameras: Positioned in public areas to monitor movements and activities. These can be used in public spaces such as restaurants, metro rails, music festival or protest gatherings etc.
  • Digital Communication Monitoring: Intercepting emails, text messages, and other forms of digital communication; for instance, Internet Surveillance (Tracking online activities, including browsing habits, search histories, and social media interactions), phone tapping etc.
  • Drones and Aerial Surveillance: Using drones to monitor areas and track movements from the air.
  • Biometric Surveillance: Using facial recognition, fingerprinting, and other biometric techniques to identify individuals.

SURVEILLANCE STATE AND ORWELLIAN STATE

A surveillance state refers to a government that engages in extensive monitoring of its citizens. In such a system, authorities use technology, laws, and other mechanisms to keep track of the activities, communications, and movements of individuals, often in the name of national security or public order. The surveillance might involve CCTV cameras, phone tapping, internet activity tracking, etc.

While surveillance states justify these actions as necessary for crime prevention and national defense, critics argue that they infringe upon individual privacy rights, curb freedoms, and can lead to an environment where citizens feel constantly watched and controlled.

An “Orwellian state” is derived from George Orwell’s dystopian novel “1984,” depicting a totalitarian regime characterized by pervasive governmental surveillance, public manipulation, and oppression. In such a society, the government exercises control over every facet of public and private life.

Citizens are constantly monitored, history is rewritten to suit the state’s narrative, and independent thought is suppressed and deemed criminal.

This term, in modern discourse, is used to describe any state action reminiscent of the novel’s oppressive practices, particularly those involving surveillance, misinformation, and suppression of dissent.

A “surveillance state” and an “Orwellian state” share overlapping features, but they are not synonymous. A surveillance state primarily refers to a government or regime that engages in extensive monitoring and data collection of its citizens. The motives can vary from ensuring national security to maintaining political power, or both. While an Orwellian state, on the other hand, is broader in its oppressive measures. Though pervasive surveillance is a key feature, an Orwellian regime also encompasses information and history manipulation suppression of dissent and independent thought propaganda dissemination to control and shape public perception.

INSTANCES WHICH MADE THE WORLD AWARE OF THE MASS SURVEILLANCE IN PRESENT TIMES

In 2013, computer expert and former CIA systems administrator, Edward Snowden released confidential government documents to the press about the existence of government surveillance programs. Snowden argued that he had a moral obligation to act. He gave a justification for his whistle blowing by stating that he had a duty to inform the public.

Since then the society as well as the technology has evolved and the potential use/misuse of the technology have become more concerning.

1. In the USA, the primary concern around facial recognition technology is the infringement on individual privacy. While there are legitimate uses for the technology, such as in locating missing persons or identifying suspects in criminal cases, critics argue that its widespread use can turn public spaces into zones of constant surveillance. There is also the issue of racial bias; studies have shown that some facial recognition systems misidentify people of color at higher rates than white individuals, leading to fears of racial profiling, wrongful arrest and other such ills.

2. In China, facial recognition technology is ubiquitous and considered a norm in society. Cameras are placed in public places, schools, and even residential areas, with the stated aim of maintaining public safety. However, this widespread deployment has serious ethical implications concerning privacy and state control.

      There is little public debate on its ethical use, largely because dissent is not well-tolerated. In regions like Xinjiang, there are reports that facial recognition technology has been used as part of a broader state surveillance apparatus to monitor and control the Uighur Muslim minority, raising human rights concerns.

3. The United Kingdom has one of the highest numbers of surveillance cameras per capita in the world. While there are regulations governing their use, including a “Data Protection Act”, concerns about public surveillance remain. Police in London and Wales have conducted trials using facial recognition cameras in public spaces to identify individuals wanted for serious crimes.

RECENT INSTANCES IN INDIA GIVING RISE TO APPREHENSIONS

1. Most recently in September 2023, the Jaipur city police have adopted Artificial Intelligence (AI) technology to monitor potential miscreants.

2. Manipur Chief Minister launched facial recognition system for Inner Line Permits in May 2023.

3. In December 2022, the government launched the app ‘DigiYatra’ which envisages that travelers pass through various checkpoints at the airport through paperless and contactless processing, using facial features to establish their identity.

4. In March 2020, the union Home Minister, Amit Shah, told the Rajya Sabha that the Delhi Police had used facial-recognition technology to identify nearly two thousand individuals as instigators of violence in the aftermath of Delhi riots. Interestingly even as there is no legal framework to regulate the use of the tool in the country, the infrastructure is already in place.

5. In 2021, the Pegasus Project, an international investigative journalism effort, revealed that various governments used the software to spy on government officials, opposition politicians, journalists, activists and many others. Such spywares not only infringes the individual rights but also raises the concerns of the legitimacy of the government of the day.

6. In Telangana, there are numerous facial recognition datasets that are being integrated into a “smart governance program,” called Samagram, which gives the state government a full picture of every resident’s life, including their employment status and other personal information. The goal isn’t only to track down criminals, but to build up a ‘360 degree view’ of every single person. This goes against the individual privacy.

PRIMARY ARGUMENTS FOR BOTH THE SIDES

In Favor of Individual Privacy

  • Right to Privacy is considered a fundamental human right in many societies and is often enshrined in constitutions and human rights declarations. It’s integral to personal liberty and dignity.
  • Potential for Abuse: Concentrating surveillance powers can lead to misuse. History is replete with examples where governments abused their surveillance capabilities to suppress dissent, control populations, or persecute minorities.
  • Chilling Effect: Widespread surveillance can deter people from expressing themselves freely, associating with others, or participating in political activities, leading to a stifled society.
  • Data Security Concerns: Accumulating vast amounts of personal data poses a risk if there are breaches, potentially exposing individuals to harm.

In Favor of Public Safety

  • Protecting the public interest: The primary role of the state is to protect its citizens. If surveillance or data collection can prevent terror attacks, reduce crime, or generally ensure public safety, it might be deemed a necessary compromise.
  • Changing Nature of Threats: The global rise in terrorism, cyber threats, and sophisticated crime networks necessitates advanced surveillance and data collection to protect nations and their citizens.
  • Consent and Social Contracts: By being part of a society and enjoying its benefits, individuals implicitly agree to certain compromises on personal freedoms for the greater good.
  • Transparency and Oversight: Proponents argue that as long as there’s rigorous oversight, judicial checks, and transparency in surveillance operations, the rights of citizens remain protected.
  • Technological Evolution: As technology becomes an integral part of life, there’s an inherent reduction in privacy. Public spaces, online platforms, and commercial entities all engage in some form of data collection, making state-led efforts not significantly different.

Thinkers Perspective:

The debate between individual privacy and public safety has been a central theme in democracies around the world, especially with the rise of digital technologies and counter-terrorism measures. Though the tug-of-war between individual privacy and public safety isn’t new; it’s been a subject of contemplation for many political thinkers throughout history.

Kautilya’s views were deeply rooted in the welfare of the state and its people, and his thoughts can provide insights into the balancing act between individual rights and public safety. For Kautilya, the state’s stability and security were paramount. He believed that an orderly and prosperous state would naturally ensure the well-being of its people. While Kautilya did not discuss “individual rights” in the manner of contemporary Western philosophy, his focus on state welfare, rule of law, and individual duties indirectly touched upon the balance between public safety and individual well-being.

Thomas Hobbes, in his work “Leviathan,” opined that individuals cede some rights to a central authority (or a ‘sovereign’) to gain protection and maintain social order, which can be construed as an endorsement of state surveillance for safety.

On the other hand, John Locke, the 17th-century philosopher, argued that individuals have natural rights, like the right to “life, liberty, and property.” He contended that governments are formed to protect these rights, suggesting a boundary to governmental intrusion.

Jean-Jacques Rousseau, in his writings hint at concepts related to individual freedom. Rousseau emphasized the “state of nature” where individuals were free and independent, suggesting a form of inherent personal autonomy and space. In his “Social Contract”, while he advocated for the collective “general will” as a guiding principle of governance, he also delineated the transition from natural freedom to civil freedom, emphasizing the sanctity of individual rights within a societal framework. Thus, Rousseau’s ideas indirectly promote the importance of personal space and autonomy, concepts intrinsic to contemporary notions of individual privacy.

John Stuart Mill’s “On Liberty” staunchly champions individual freedom. Central to his argument is the “harm principle,” positing that one’s liberty should only be restricted to prevent harm to others. Mill asserted that absolute freedom of thought and expression is vital for intellectual and societal advancement, even seeing value in false opinions as they sharpen the truth through refutation. He warned against the “tyranny of the majority,” wherein societal norms could oppress individual’s as much as governmental laws. For Mill, individual autonomy was essential, not just as a right, but as a pathway to personal development and societal progress.

The Analysis:

In present times the tension between individual privacy and public safety is a pivotal debate in modern democracies. Many argue that unchecked surveillance can deter free expression and association, leading to a society where individuals constantly self-censor. There’s also the looming danger of state misuse of surveillance capabilities, historically evidenced by regimes that suppressed dissent or targeted minorities. Furthermore, the technological accumulation of personal data heightens risks of data breaches and misidentifications.

On the other side, proponents of public safety argue that the state’s primary responsibility is to protect its citizens. In a world grappling with global terrorism, cyber threats, and intricate crime networks, enhanced surveillance and data collection become indispensable tools. They contend that with robust oversight, transparency, and legal checks, it is difficult to ensure public safety without trampling on individual rights.

In this debate, balancing Locke’s emphasis on individual rights with Hobbes’s stress on collective security gives rise to ethical dilemmas, even more so in our technologically advanced age. A balanced approach requires ongoing dialogue, transparent governance, and a commitment to upholding democratic values.

The Way Forward:

  • Public surveillance undoubtedly entails substantial human rights risks and can substantially undermine the right to privacy. It is thus essential that States resorting to the use of public surveillance assess the potential human rights impacts of their actions and strictly ensure compliance with international human rights law.
  • Despite the far-reaching impacts of the various forms of public surveillance, adequate applicable legal frameworks are largely missing in many countries. Data protection laws are often missing, inadequate or make broad exceptions for law enforcement and intelligence services. Laws and regulations need to have clearly determined and strict limitations on the access and merging of government databases.
  • General monitoring of people in public spaces is almost invariably disproportionate. Surveillance measures in public spaces should be targeted and should address a concrete legitimate aim.
  • The General Data Protection Regulation (GDPR), implemented by the European Union in 2018, stands as a landmark legislation prioritizing individual privacy in the digital age. The state should have legitimate concerns to subject the citizens under surveillance for the larger good.
  • In the Puttaswamy Case (2017) while holding that the right to privacy is not absolute in nature, the judgment also gave the three-fold requirement of limiting the privacy. These shall be strictly adhered to by the state until the concrete law is enacted to regulate the use of surveillance tools for public safety in the country. These are:
    • legality, which postulates the existence of law;
    • need, defined in terms of a legitimate state aim; and
    • proportionality which ensures a rational nexus between the objects and the means adopted to achieve them.
  • In the Manohar Lal Sharma vs Union of India (2021) (Pegasus case), the Supreme Court set up a committee of experts to recommend amendments to the existing law around surveillance to secure the right to privacy. The need to regulate surveillance activities, especially in light of privacy concerns, backed by a judicial push in India should be a wakeup call for the government.
  • The DPDP Act 2023 is a welcome step where personal data may be processed only for a lawful purpose upon consent of an individual.  Consent may not be required for specified legitimate uses such as voluntary sharing of data by the individual or processing by the State for permits, licenses, benefits, and services. It is for the government to secure such data from the thefts and unauthorized usages.

The Conclusion: As a country that is home to the largest democracy, our duty to empower our citizens towards their rights is as important as our duty to preserve national security. National security and privacy have largely been viewed as competing interests over the years; however, with the advent of technology and means of digital surveillance, protecting citizens’ information is also important. It is perhaps the best time to resolve the ethical dilemma and begin to view ‘protecting the privacy and information of citizen’s’ as a facet of ‘preserving national security’.

Mains Practice Questions:

Q.1 National security is important but it should not compromise the privacy of the individuals. Analyze in the context of the ethical dilemma between national security and the right to privacy.

Q.2 The current state of surveillance reform in India is on an uneven keel between national security and privacy. Comment.

Q.3 The recent technological developments have changed the surveillance architecture, where the tools have become more intrusive and damaging to our democratic safeguards. Discuss.




TOPIC: THE PARLIAMENTARY PRIVILEGES AND THE SUSPENSION OF LEGISLATORS

THE CONTEXT: Recently, suspension of Members of Parliament over the violation of parliamentary privileges has generated a debate. The purpose of privileges is for efficient working of the house, but it is held that it is being used by government to punish the opposition. In this context, this article analyses the issue of privileges, their use and misuse and implications for the functioning  of Parliament.

BACK TO BASICS: AN OVERVIEW OF PRIVILEGES

PARLIAMENTARY PRIVILEGES

  • Parliamentary privileges are special rights, immunities and exemptions enjoyed by the two Houses of Parliament, their committees and their members. They are necessary in order to secure the independence and effectiveness of their actions.
  • So far, neither Parliament nor any State legislature has enacted legislation that defines the powers, privileges and immunities of the Houses, or that of its members and committees.
  • These immunities are presently governed by precedents by British parliamentary conventions.
  • These privileges are mentioned in Article 105 for Parliament, and in Article 194 for the state legislatures.

COLLECTIVE PRIVILEGES

  • The Indian Parliament can decide if its reports, debates, and proceedings should be published or not.
  • The Parliament has the right to exclude outsiders from its proceedings.
  • It can conduct secret sessions if needed.
  • Parliament can make rules for regulating its procedures, business conduct, and work adjudication.
  • It can suspend or expel members for violating privileges.
  • Parliament can reprimand, admonish, or even imprison individuals who breach privileges.
  • The Parliament is informed about the arrest, detention, conviction, imprisonment, and release of its members.
  • The Parliament can initiate inquiries and call witnesses.
  • The proceedings of the Parliament and its committees cannot be questioned in court.
  • No arrests or legal processes can occur within the House precincts without the presiding officer’s permission.

INDIVIDUAL PRIVILEGES

  • Members of Parliament cannot be arrested (civil offences only) during sessions, 40 days before and after sessions.
  • They have freedom of speech in Houses and are immune from court proceedings for their speech in Parliament.
  • They are exempt from jury service and can refuse to give evidence or appear as witnesses during sessions.

PRIVILEGE MOTION

  • If members of Parliament feel that the parliamentary privileges have been breached, they can raise a privilege motion. Any member of Parliament can raise this with the consent of the chairperson of the house.
  • When a privilege motion is raised, the chairperson can refer it to the “Privileges Committee.”

BREACH OF PRIVILEGES

  • Breach of privilege is the violation of respective rights or immunities of the members of either House of Parliament or the State Assembly.
  • When any member of the House or any outsider tries to devalue the power, privilege and immunity granted to members of the Houses as well as constituted committees, it is said that they are committing an offence of breach of privilege.
  • Breach of privileges is a punishable offence. The form of punishment is decided as per the severity of the breach in accordance with the general law of Parliament.

PUNISHMENT FOR BREACH OF PRIVILEGES

  • The authority to decide the punishment lies with the House. A person found guilty of breach of privileges or contempt can be reprimanded, warned or sent to prison.
  • The period for which the House can commit an offender to custody or prison for contempt is limited to the duration of the session of the House.
  • In case its member is found guilty, the MP can be suspended from the House or face expulsion.

 THE DEBATE OVER BREACHING PARLIAMENTARY PRIVILEGES?

  • In a Rajya Sabha bulletin dated February 18, the secretariat informed that the Chairman had referred a question of an alleged breach of privilege against 12 MPs of Congress and Aam Aadmi Party (AAP). In addition to this, the bulletin mentioned a separate privilege notice against AAP’s Sanjay Singh for “non-adherence to the directions of the Chair”.
  • Chairman of Rajya Sabha had rebuked the AAP leader for repeatedly submitting similar notices seeking suspension of business to discuss the Adani issue when the House was in session.
  • The action witnessed frequent confrontations between Chairman of Rajya Sabha and the Opposition benches over the rejection of notices and discussion on the Adani issue, has sparked off a debate on discussion versus discipline in Parliament.
  • Opposition has called the Chairman’s decision against the “democratic heritage” of Parliament. They questioned how parliamentary privilege is being violated when a Member of Parliament is exercising their right and puts forward a notice as per the rule book which regulates their conduct in the House.
  • The Chairman also separately referred the matter of “repeated submission of identical notices” by AAP leader Sanjay Singh to the Committee of Privileges in the Upper House.

Recent Developments

  • Recently, in the monsoon session of the Parliament, AAP MP Raghav Chadha and Congress MP Adhir Ranjan Chowdhury were suspended for breach of privileges.
  • The Lok Sabha suspended Adhir Ranjan Chowdhury, the Congress Leader of the House, for allegedly engaging in unruly conduct and causing repeated disturbances. The Lok Sabha’s privileges committee has been asked to look into Chowdhury’s conduct. He will remain suspended till it takes a decision.
  • Another MP, Raghav Chadha was suspended from the Rajya Sabha for an alleged breach of privileges after four MPs complained that he named them in a House panel without their consent in violation of rules.
  • The ruling government moved the resolution to suspend Chadha till the privileges committee submits its findings on the cases of breach of privileges.

THE COMMITTEE OF PRIVILEGES

What is the Privileges Committee?

  • The Privileges Committee consists of 15 members in the case of Lok Sabha nominated by the Speaker and 10 members in the case of Rajya Sabha nominated by the Chairman.
  • In the Lok Sabha, the Speaker nominates the head of the committee of privileges.
  • In the Rajya Sabha, the deputy chairperson heads the committee of privileges.
  • The objective of the committee is to safeguard the freedom, authority and dignity of Parliament.
  • Its function is to examine every question involving a breach of privilege of the House or the members of any Committee.
  • It determines concerning the facts and makes suitable recommendations in its report.

How does the Committee of Privileges work?

  • If the matter is referred to the panel, it examines the question of privilege and decides if a breach of privilege is involved and the nature of the breach and circumstances leading to it.
  • A report with recommendations is then presented to the House for its consideration.
  • The Speaker may also allow a half-hour debate on the report by the committee before passing orders or directing that the report be tabled before the House.
  • After a motion for consideration of the report, the Committee moves that the House agree or disagree with the amendments and recommendations in the report. Further action is taken per the decision of the House if the resolution is unanimously passed.

What kinds of cases come to the committee?

  • Usually, the committees examine cases where MPs complain that an outsider has breached their privilege.
  • For example, the Lok Sabha committee recently looked at multiple instances in which MPs have alleged that government officials have either violated protocol or been unresponsive. But this year, MPs have also brought questions about breach of privilege by other MPs.

What does the committee decide in breach of privilege cases against MPs?

  • The Committee of Privileges has the power to recommend to the House for its consideration the issuance of admonitions, reprimands, suspension and, in rare cases, expulsion from the House.
  • The convention followed by the committee of both Houses is that if the MP against whom a privilege matter is raised gives an unqualified apology, then the issue is allowed to rest, and it recommends no further action.

WHETHER THE SUSPENSION IS A MISUSE OF PRIVILEGES?

  • A close examination of the rules of parliamentary privileges reveals that they are meant to clear obstruction in the House so that business can be conducted without obstruction with an element of punishment in it.
  • Also, if the member breaches the privileges, member is temporarily disqualified in as much as he is not allowed to attend the meetings of the House or any meeting of the committees of which he may be a member, during his suspension.
  • Similarly, he won’t be allowed to give any notice of questions, motions or resolutions. In effect, he is compelled to remain a non-member during this period.
  • However, this fundamental idea about the disciplinary powers of the Houses seems to be changing of late. For example, in one case in the Rajya Sabha, the suspension of a member has been extended beyond the end of the recent session. In another case, a member has been suspended pending investigation by the privileges committee of the House.
  • This kind of suspension is held to be unheard of in the history of parliament and clearly is misuse of power. Suspension pending investigation is done only in the case of government employees because the rules permit it. But in the case of members of parliament, there is no such rule.
  • Therefore, these kinds of suspensions taken in partisan manner as a retaliation shows misuse of power and is also a violation against the Supreme Court Judgement.

NOTE: MORE ON THIS IN THE CLASS.

THE IMPLICATIONS OF THE SUSPENSION

Both Houses of Parliament possess the power to discipline unruly members so that they can function undisturbed. This power is given to ensure the smooth functioning of the Houses and to punish those who create disorder. However, misusing privileges to suspend the members can have a negative impact on parliamentary functioning.

  • Weaponising of parliamentary privileges: Weaponising of parliamentary privilege for suspension of members is seen as an assault on democracy as it throttles every voice of dissent which is a necessary element of democratic government.
  • Undermining freedom of expression: These actions threaten and intimidate opposition members as it creates a chilling effect on other members that leads to inhibition or discouragement of the legitimate exercise of freedom of speech and expression.
  • Effect on functioning of parliament: If this process of suspension continues with arbitrary extension of duration of suspension by government it will impact functioning of parliament. Lesser debates will eventually deteriorate the quality of the Bills.
  • Impact on representative democracy: Suspension of members of parliament who are the representative of the people undermines representative democracy and it directly affects the voice of electors.
  • Lessen Accountability: Only targeting opposition for political motives undermines the role of opposition which leads to lack of legislative scrutiny and lessens the accountability of the ruling government.
  • Hinder development: Splitting of agendas of ruling government and opposition members will eventually harm the overall development of the country as proper implementation of programme and policies would be disturbed.

THE WAY FORWARD

  • Revisit the decision: As the suspension of members seems to be motivated by external reasons rather than for parliamentary democracy, the decision of suspension may need to be revisited.
  • Codification of parliamentary privileges: Indian parliamentary privileges are not codified, and the constitution makers left it to the parliament to decide it on case-to-case basis. It’s high time for parliament to codify the privileges so that scope for violation and misuse of privileges minimize.
  • Minimise the duration of suspension: Extension of duration of suspension lead to willful and persistent obstruction of the business. Therefore, suspension cannot be for an indefinite period, and it should be minimized.
  • Ensuring Democratic values: Every instance of suspension of an MP triggers strong statements on both sides. Although privileges are not absolute rules, it should ensure democratic values and freedom of speech. Parliamentarians should be given sufficient scope to express their thoughts.
  • Representative democracy: Parliament is the most important deliberative forum representing diverse interests of the country. Therefore, there is need for an alternative viewpoint to deal with suspension in spirit of representative democracy by indulging in civilized discourse rather than disruption of house.
  • Constructive role of opposition: The opposition should play a constructive role in Parliament and be allowed to put forward its views and express itself in a dignified manner. Parliamentary privileges should enable members to become tools for freedom of expression and to work to enhance quality of debate and functioning of parliament. The majority party is responsible for governing and should take other parties into confidence.
  • Learn from parliamentary working of UK: As the rule of parliamentary privileges has been borrowed from the British parliamentary conventions, lesson can be taken from their functioning of parliament. The House in UK decides on breaches of privilege and contempt on a case-by-case basis, on the advice of the Committee of Privileges, a cross-party select committee of MPs that considers matters relating to privilege referred to it by the House. It can ensure proper functioning of parliament in Indian parliament system as well.

THE CONCLUSION: Though the decision of suspension is only a blueprint it should be taken as a lesson. It is difficult to deal with planned parliamentary offenses and deliberate disturbances for publicity or political reasons. There is a need to strike a balance between deliberate disruption and raising the important issue, and that the solution to unruly behaviour has to be long-term and consistent with democratic values.

MAINS QUESTIONS

Q.1 What do you understand by Parliamentary Privileges? Discuss their importance for effectiveness of parliamentary functioning in the light of recent developments.

Q.2 Recent instances of suspension of members of parliament in the name of breach of privileges is a breach of democracy. Critically examine.




TOPIC: AN ANALYSIS OF INDIA’S MINING POLICY SHIFT

THE CONTEXT: Recently the Mines and Minerals (Development and Regulation) Amendment Bill, 2023 was passed by the Parliament, in a bid to attract private sector investment in the exploration of critical and deep-seated minerals in the country. This article analyses this recent policy shift in India’s mineral sector from the UPSC CSE perspective.

WHAT ARE THE AMENDMENTS TO THE MMDR ACT, 1957?

The Mines and Minerals (Development and Regulation) Amendment Bill, 2023 amends the Mines and Minerals (Development and Regulation) Act, 1957 which currently regulates the mining sector.

INCLUSION OF SUB-SURFACE ACTIVITIES IN RECONNAISSANCE

  • The MMDR Act currently defines reconnaissance as preliminary prospecting, encompassing aerial surveys, geophysical, and geochemical surveys, and geological mapping.
  • The Mines and Minerals Bill, of 2023, expands reconnaissance to include activities like pitting, trenching, drilling, and sub-surface excavation that were previously prohibited.

INTRODUCTION OF EXPLORATION LICENSE (EL)

  • The MMDR Act provides permits for reconnaissance, prospecting, mining leases, and composite licenses.
  • The Amendment Bill introduces the concept of an exploration license, allowing reconnaissance or prospecting, or both, for specified minerals.
  • This license covers 29 minerals listed in the Seventh Schedule, which includes precious metals like gold, silver, base metals like copper and nickel, and even atomic minerals.

DECLASSIFICATION OF ATOMIC MINERALS

  • Six atomic minerals, previously restricted to government entities, are declassified as atomic minerals under the Bill.
  • These minerals are beryl, beryllium, lithium, niobium, titanium, tantalum, and zirconium can now be explored and prospected by private players as well.

EXPLORATION LICENSE VALIDITY AND AREA

  • The exploration license is issued for five years, extendable by two years upon application.
  • Activities under a single exploration license can be conducted within an area of up to 1,000 square kilometers.
  • After the initial three years, up to 25 percent of the originally authorized area can be retained by the licensee.

AUCTION MECHANISM FOR EXPLORATION LICENSES

  • Exploration licenses will be granted through competitive bidding by state governments.
  • The federal government will define the auction framework, rules, terms, and bidding parameters.

GEOLOGICAL REPORTS AND INCENTIVES

  • The licensee must submit a geological report within three months of exploration completion or license expiration. If proven resources are found, the state government must conduct an auction for a mining lease within six months of the report.
  • The licensee is entitled to a share in the auction value of the mining lease for the prospected mineral, with the share defined by the central government.

FEDERAL GOVERNMENT-LED AUCTIONS FOR CRITICAL AND STRATEGIC MINERALS

  • The federal government will conduct auctions for composite licenses and mining leases of specified critical and strategic minerals, including lithium, cobalt, nickel, phosphate, potash, and tin.
  • However, the state government will continue to grant concessions.

MINES AND MINERALS (REGULATION AND DEVELOPMENT) ACT (1957)

The MMDR Act 1957, the primary legislation governing mining in the country has been amended several times since its enactment including recently in 2015, 2016, 2020, and 2021.

Mines and Minerals (Regulation and Development) Act (1957):

  • It is an act of the Parliament of India enacted to regulate the mining sector in India.
  • This act is applicable to all minerals except minor minerals and atomic minerals.
  • It details the process and conditions for acquiring a mining or prospecting licence in India. Mining minor minerals come under the purview of state governments.

Previous Amendments:

  • The MMDR Act, 1957 was comprehensively amended in 2015 to bring several reforms in the mineral sector,

1. Mandating method of auction for grant of mineral concessions to bring transparency in allocation of mineral resources

2. For establishing District Mineral Foundation (DMF) for the welfare of the people and areas affected by mining

3. For establishing National Mineral Exploration Trust (NMET) to give thrust to exploration and for ensuring stringent penalty for illegal mining.

  • The Act was further amended in 2016 and 2020 to address specific emergent issues and was last amended in 2021 to bring further reforms in the sector, such as

1. Removing the distinction between captive and merchant mines

2. Transfer of statutory clearances to ensure continuity in mining operations even with change of lessee

3. Removing the restrictions on transfer of mineral concessions

4. Lapsing of rights of non-auctioned concession holders which have not resulted in mining leases to ensure that concessions to private sector are only granted through auction etc.

REASONS FOR THE AMENDMENT

TO SECURE SUPPLY CHAIN RESILIENCE

  • Recent, Russian Ukraine war can be taken as a lesson that can affect global supply chains of critical minerals which is vulnerable to shocks leading to a lack of availability and skyrocketing prices.
  • In this respect, there is need to have our own reserve of minerals to lessen impact of any global situation.

TO BOOST DOMESTIC PRODUCTION

  • The Ministry of Mines, came out with a list of 30 minerals critical to the country’s economic development and national security. However, India is highly dependent on imports for a majority of minerals on this list.
  • There is need to boost domestic production to reduce import dependency on country like china. Countries like the U.S., Australia, Japan, and the EU bloc have also created lists of critical minerals based on their specific economic needs.

UNTAPPED POTENTIAL OF INDIAN MINING SECTOR

  • Notably, it is estimated that India has explored just 10% of its Obvious Geological Potential (OGP), less than 2% of which is mined and the country spends less than 1% of the global mineral exploration budget.
  • Studies by organisations such as the Atomic Minerals Directorate for Exploration and Research and the Centre for Social and Economic Progress (CESP) note that India’s unique geological and tectonic setting is conducive to hosting potential mineral resources.

TO ENHANCE REQUIRED EXPERTISE

  • Exploration requires techniques like aerial surveys, geological mapping, and geochemical analyses and is a highly specialised, time-intensive and monetarily risky operation with less than 1% of explored projects becoming commercially viable mines.
  • In this respect, there is need for enhanced private participation for required expertise.

TO MEET CLEAN ENERGY DEMAND

  • The clean energy transitions of countries including India, seeking to meet their net-zero emission goals, are contingent on the availability of critical minerals such as lithium.
  • In this respect, there is need to have focus on critical minerals to fulfill India’s commitment towards energy transition and achieving net-zero emission by 2070.

 SIGNIFICANCE OF THE AMENDMENT

ACCELERATE THE PACE OF EXPLORATION

  • According to a World Bank study, the demand for critical metals is expected to rise by nearly 500% by 2050.
  • New Bill seeks to bring exploration processes in India at par with that of developed countries by getting private sector capacity into exploration, giving the example of Australia.
  • This helps multiply exploration projects and accelerate the pace of exploration owing to private participation.

BOOST ECONOMY

  • India’s mining industry forms a major part of the nation’s economy, both in terms of its own contribution to GDP and its supplying the raw materials that underpin India’s considerable manufacturing and infrastructure industries.
  • Exploring this sector will helps in significantly boost the economy and national security in the country.

TACKLE THE HIGH RISKS AND COSTS

  • Exploration for critical and deep-seated minerals demands specialized technical knowledge, advanced exploration techniques, and substantial financial investment.
  • It aims to increase private sector participation which often possess the resources needed for these complex and high-risk operations. to tackle the high risks and costs associated with such projects.

COMPETITION AND EFFICIENCY

  • Private sector participation introduces competition, which can drive efficiency and better allocation of resources. This can result in more cost-effective exploration processes.

REDUCED GOVERNMENT BURDEN

  • Government agencies may not have the capacity to explore and develop all potential mineral resources.
  • Private sector involvement relieves the government’s burden and allows them to focus on regulatory oversight and environmental management.

ISSUES IN THE AMENDMENT

REVENUE GENERATION MECHANISM

  • Private companies’ revenue generation relies on a share of the premium paid by mining entities. However, this revenue realization is contingent upon successfully discovering a mine and subsequently auctioning it.
  • The 2023 Amendment Bill mandates mining lease auctions within six months if mineral resources are proven post-exploration. This timeline may not align with historical trends, potentially leading to delays or even non-materialization of auctions due to clearance timelines and deposit complexities.

UNCERTAINTY IN REVENUE

  • The lack of clarity in revenue prospects during exploration poses a significant challenge. Private explorers will not have a clear understanding of the revenue they will receive until the premium from a successful mine auction becomes known.
  • This uncertainty might discourage private sector participation, as companies would prefer clearer revenue visibility during exploration.

CHALLENGES WITH AUCTION-BASED ALLOCATION

  • Auctioning is more feasible when dealing with resources of known value, such as discovered mineral deposits.
  • Auctioning unexplored resources is complex due to the inherent unpredictability in estimating the value of undiscovered mineral resources.

CAPITAL INVESTMENT ASSURANCE

  • The 2023 Bill restricts private explorers from directly selling their discoveries, instead, allowing government auctioning. Private explorers are entitled only to a share of the premium at an unspecified stage.
  • This differs from global best practices where private explorers have the option to directly sell their discoveries to mining entities, potentially affecting investment incentives.

NOT ENOUGH CONSULTATION

  • Government has also been criticised for proceeding with such sweeping reforms to the mining industry with minimal consultation.
  • Proposals were publicly released in late August 2020, with the notice from the Ministry of Mines inviting comments from the public, states and territories, industry, and other stakeholders  but the timeframe given for feedback was just 10 days which was a violation of India’s Pre-Legislative Consultation Policy.

OVERALL PROBLEMS IN MINING SECTOR

Mining sector plays significant role to meet the demands of GDP and economic growth of any country. Though India possesses promising geological conditions and the pathway to discover viable mineral reserves. However, mining sector is India is going through various challenges and disruptions that hamper its growth.

FORMALITIES AND LEGAL ISSUES

  • The mining sector is subjected to different formalities and clearances that are required to continue operations conveniently.
  • These also include legal obligations that make mining activities unviable and unprofitable.

ENVIRONMENTAL CONCERNS

  • Various mines have to close down due to failure in meeting environmental compliances.
  • Mining is not permitted in certain areas due to the possibility of adverse effects on the population and environment.

LACK OF MODERN TECHNOLOGY

  • The mining sector suffers from the lack of modernized techniques for exploration and extraction.
  • Most of the mines use old and inefficient machinery without making any progress toward the upgrade in technology.

ADMINISTRATIVE ISSUES

  • The mining sector suffers from the problem of low asset and resource underutilization, especially under the control of public sector units.
  • Moreover, the state governments are generally involved in the auction of mines and there may be ambiguities in political approaches between the center and state.

DISPLACEMENT OF COMMUNITIES

  • Several mining zones are located in areas that are the natural habitat of tribes and rural communities. The displacement of these people is a matter of concern.
  • Due to complexities related to the rehabilitation or compensation of these people, it becomes difficult to start the mining activities. Also, there are security threats in some mining belts from local people and agitators.

THE WAY FORWARD

  • Diversification of funding sources: As Government agencies have limited budgets for mineral exploration. There is need to involve Private sector to diversifies funding sources which can reduce the financial burden on governments and allow for greater investment in exploration activities.
  • Ensuring Transparency: For proper utilization of mineral resources there is need to ensure transparency in the use of the funds for sustainable development as there is less information on funds such as the Goa Mineral Ore Permanent Fund Trust and even the DMF in many states. India needs to adopt the Extractive Industries Transparency Initiative (EITI), the global standards of good governance ensuring transparency and accountability of the sector.
  • Strengthen regulatory mechanism: Stringent regulatory mechanisms are required in the sector to mandate socio-economic rehabilitation and environmental restoration of mined-out areas, especially post-closure of mines and at the same time with proper implementation.
  • More general reforms: There is need of more general reforms in the mining law to foster this competitiveness between public sector undertakings and private projects more broadly across the sector. At the same time there is need to encourage industry players to adopt sustainable technology solutions including green mining, coal ash ponds, and other newer technology vehicles that can further accelerate the productivity with the economy of scale and also better environmental performance.
  • Global best practices: There is need to learn from global best practices and here Private companies can bring international best practices and experience to the exploration process, helping to align exploration activities with global standards and norms.

THE CONCLUSION: With series of reforms introduced, India is moving quickly with plans to revamp its mining sector by potential untapping mining sites that have been rendered inaccessible by existing regulatory frameworks. At the same time there is need to address the issue arising by proper stakeholder consultation to unlock its mineral potential, accelerate the pace of discovery, and ultimately contribute to the country’s economic growth and development.

MAINS QUESTIONS

Q.1 Discuss the problems being faced by the Mineral Sector in India? How can these problems be resolved with the help of Mines and Minerals (Development and Regulation) Amendment Bill, 2023? Explain.

Q.2 Investment and reforms in mining sector is essential for more rapid and inclusive economic growth. Give reasons in support of your answer.

UPSC PYQ ON MINING

Q.1 “In spite of adverse environmental impact, coal mining is still inevitable for development”. Discuss. (150 words) (GS 1 2017)

Q.2 Despite India being one of the countries of the Gondwanaland, its mining industry contributes much less to its Gross Domestic Product(GDP) in percentage. Discuss. (Answer in 150 words) (GS 1, 2021)




TOPIC- AGRICULTURE & FOOD MANAGEMENT: FROM FOOD SECURITY TO NUTRITIONAL SECURITY

THE CONTEXT: Recently, Soaring tomato and onion prices in Indian households raised concern as prices jump has put a question on the management of food in Indian economy. As food and nutritional security are the key to attain the sustainable development goals. In this respect, this article analyse the issue of food management to achieve food and nutritional security from the UPSC perspective.

INTRODUCTION: STATUS OF AGRICULTURE SECTOR

  • Agriculture contributes about 18.8% to India’s gross value added (GVA) and is the largest employer of the workforce.
  • Due to Green Revolution, India has transitioned from a country dependent on food imports in the early 1960s to a major exporter of several agricultural commodities now.
  • Despite this tremendous increase in production, the per capita availability of food grains has remained stagnant.
  • There is an urgent need for reorientation of the long- term direction of agri-food systems to not only enhance farm incomes but also ensure better access to safe and nutritious foods.
  • Additionally, the agri-food systems need to be reoriented to minimise cost on the environment and the climate.
  • The worsening picture of nutrition calls for a transformative change in Indian agriculture.
  • However, several steps to improve affordability and access to nutritious food have been taken in recent times.

DEFINING FOOD SECURITY: FOUR DIMENSIONS

  • The main objectives of food management are procurement of foodgrains from farmers at remunerative prices, distribution of foodgrains to consumers, particularly the vulnerable sections of society at affordable prices and maintenance of food buffers for food security and price stability.
  • The nodal agency which undertakes procurement and storage of foodgrain is the Food Corporation of India (FCI). The distribution of foodgrains is primarily under the National Food Security Act, 2013 (NFSA) and other welfare schemes of the Government and is governed by the scale of allocation and its offtake by the beneficiaries.
  • The 1995 World Food Summit declared, “Food security at the individual, household, regional, national and global levels exist when all people, at all times, have physical and economic access to sufficient, safe and nutritious food to meet their dietary needs and food preferences for an active and healthy life”.
  • The concept of Food Security evolved over time from ‘freedom from hunger’ in the early 1940s into broad concept encompassing four dimensions:

AVAILABILITY

  • It is a physical determinant, which is ensured if adequate food is available at peoples’disposal.
  • Food production provides the base for food security as it is a key determinant of food availability.
  • Food and nutrition security are intimately interconnected, since only a food-based approach can help in overcoming malnutrition in an economically and socially sustainable manner.

ACCESSIBILITY

  • Food security exists when all people always have physical and economic access to sufficient food to meet their dietary needs for a productive and healthy life.
  • It is achieved if a household has sufficient resources to obtain an appropriate diet. The economic access of a household to adequate food depends on its purchasing power.
  • To ensure access to food for all, the mere availability of food in the country is obviously not sufficient. Food inflation is an important parameter by which we can gauge the economic access to food.

UTILISATION

  • Food utilization is the proper biological use of food, requiring a diet providing sufficient energy and essential nutrients, potable water, and adequate sanitation.
  • It depends upon the biological and social environment and proper health care.
  • Effective food utilization depends in large measure on knowledge within the household of food storage and processing techniques, basic principles of nutrition and proper childcare.

STABILITY

  • To be food secure, a population, household or individual must always have access to adequate food. They should not risk losing access to food because of sudden shocks (e.g., an economic or climatic crisis) or cyclical events (e.g., seasonal food insecurity).
  • The concept of stability can therefore refer to both the availability and access dimensions of food security.
  • Stability describes the temporal dimension of food and nutrition security, respectively, which ensures the food supply at household level remains more or less constant during the year and in the long-term.

DEFINING NUTRITIONAL SECURITY

  • Nutrition is fundamental for good health and development during the early years of life.
  • Optimal nutrition and correction of nutritional deficiencies during the early years are of
    particular significance and can have enduring adverse effects beyond childhood, or die.
  • Malnutrition refers to deficiencies or excesses in nutrient intake, imbalance of essential
    nutrients or impaired nutrient utilization.
  • The double burden of malnutrition consists of both undernutrition and overweight and obesity, as well as diet-related non-communicable diseases. Undernutrition manifests in four broad forms: wasting, stunting, underweight, and micronutrient deficiencies.
  • Malnutrition restricts the cognitive and physical development that consequently leads to poor educational and economic attainment perpetuating poverty.
  • The SDG 2 (‘End hunger, achieve food security and improved nutrition and promote sustainable agriculture’) clearly mentions the concept of ‘nutrition’.

STUNTING

  • It indicates chronic undernutrition and the impaired growth and development that children experience from poor nutrition, repeated infection, and inadequate psychosocial stimulation.
  • Children are defined as stunted if their height-for-age is more than two standard deviations below the WHO Child Growth Standards median.

WASTING

  • It indicates acute undernutrition and is associated with a higher risk of death if not treated properly.
  • It is defined as low weight-for-height. It often indicates recent and severe weight loss, although it can also persist for a long time.
  • It usually occurs when a person has not had food of adequate quality and quantity and/or they have had frequent or prolonged illnesses.

UNDERWEIGHT

  • It reflects inadequate food availability and as weight is easy to measure, hence, this is the indicator for which most data have been collected in the past.
  • The mortality risk is increased in children who are even mildly underweight, and the risk is even greater in severely underweight children.

MICRONUTRIENT DEFICIENCIES

  • Micronutrient deficiencies are a lack of vitamins and minerals that are essential for body functions such as producing enzymes, hormones and other substances needed for growth and development.

GOVERNMENT MEASURES

  • Government of India has been proactive about ensuring access to food to its citizen. For which Government of India has implemented various schemes.
  • The interventions of the Government have been in line with the recommendations of the Committee on Doubling Farmers’ Income, which had identified improvement in crop and livestock productivity, diversification towards higher value crops, better resource efficiency, enhanced cropping intensity, improvement in real prices received by farmers and shift from farm to nonfarm occupations as being significant sources of growth.

NATIONAL FOOD SECURITY ACT (NFSA), 2013

  • National Food Security Act, 2013 (NFSA) marks a paradigm shift in the approach to food security from welfare to rights-based approach.
  • NFSA covers 75% of the rural population and 50% of the urban population under: (i) Antyodaya Anna Yojana: It constitute the poorest of-the-poor, are entitled to receive 35 kg of foodgrains per household per month. (ii) Priority Households (PHH): Households covered under PHH category are entitled to

PM KISAN SCHEME

  • It is a Central Sector Scheme to supplement the financial needs of land-holding farmers.
  • The financial benefit of ₹6,000 per year is transferred into the bank accounts of farmer families through DBT. It is one of the largest DBT schemes in the world.
  • Many studies and findings indicate that the PM KISAN scheme has helped farmers towards productive investment in agricultural activities. This, through a multiplier effect, has contributed to the overall improvement of the farm sector.

AGRICULTURE INFRASTRUCTURE FUND (AIF)

  • AIF is a financing facility operational from the year 2020-21 to 2032-33 for the creation of post-harvest management infrastructure and community farm assets, with benefits including 3 per cent interest subvention and credit guarantee support.
  • AIF scheme has the facility of convergence with any other scheme of the State or Central Government and can prove to be a milestone in investment in the agriculture sector.

MISSION FOR INTEGRATED DEVELOPMENT OF HORTICULTURE (MIDH)

  • Several expert groups have identified horticulture as a high-growth area and a source of buoyant income and improved resilience for farmers.
  • It aims to promote horticulture covering fruits, vegetables, root and tuber crops, spices, flowers, plantation crops etc., was introduced in 2014-15.
  • The interventions include introducing improved varieties and quality seeds, incentives for plantation crops, cluster development, and post-harvest management.

NATIONAL AGRICULTURE MARKET (E-NAM) SCHEME

  • The Government of India launched the National Agriculture Market (e-NAM) Scheme in 2016 to create an online transparent, competitive bidding system to ensure farmers get remunerative prices for their produce.
  • Under the e-NAM Scheme, the Government provides free software and assistance of ₹75 lakh per APMC mandi for related hardware, including quality assaying equipment and the creation of infrastructure like cleaning, grading, sorting, packaging, compost unit, etc.

PM-POSHAN SCHEME

  • The Pradhan Mantri Poshan Shakti Nirman (PM POSHAN), a Centrally Sponsored Scheme provides one hot cooked meal per day in Government and Government-aided Schools from 2021–2025.
  • The Ministry of Education is carrying out the Scheme.
  • The primary goals is to address two of the most pressing issues facing the majority of children in India, namely hunger and education.
  • It does so by enhancing the nutritional status of eligible students in Government and Government-aided schools and encouraging low-income students from disadvantaged sections to attend school more frequently.

RELATED CHALLENGES

Important Statistics

  • According to UN-India, there are nearly 195 million undernourished people in India, which is a quarter of the world’s hunger burden.
  • Roughly 43% of children in India are chronically undernourished.
  • According to NHFS-4, 38% of children below 5 years are stunted, 21% are wasted and 36% are underweight.
  • According to NHFS -5, The level of stunting among children under five years has marginally declined from 38% to 36% in the country since the last four years. Stunting is higher among children in rural areas (37%) than urban areas (30%) in 2019-21.
  • Compared with NFHS-4, the prevalence of overweight or obesity has increased in most States/UTs in NFHS-5. At the national level, it increased from 21% to 24% among women and 19% to 23% among men.
  • People Below Poverty Line in India decreased to around 22% in 2011-12. The Poverty percentage was calculated using the Tendulkar methodology.
  • India has one-third of the world’s stunted children: Global nutrition report.
  • According to FAO estimates in ‘The State of Food Security and Nutrition in the World (SOFI), 2022” report,  India has high undernourishment (about 16% of the population), wasting (about 17%), stunting (about 31%) and low exclusive breastfeeding practice (only 58%).
  • Global Hunger Index (GHI): India ranked an abysmal 107 out of 121 countries on the Global Hunger Index (GHI) 2022. Globally, the progress against hunger has largely stagnated in recent years, with a global score of 18.2 in 2022 as compared to 19.1 in 2014, there is only a slight improvement. However, the 2022 GHI score is still considered “moderate”

LOW PRODUCTIVITY

  • This is mainly due to a lack of improvement in agricultural productivity owing to inadequate resources and markets needed to obtain agricultural stability.

LACK OF EDUCATION AND JOB OPPORTUNITIES AND INADEQUATE KNOWLEDGE

  • Lack of adequate knowledge due to poor education amongst mothers regarding nutrition, breast-feeding and parenting is another area of concern.
  • For the poorer section of society, lack of adequate education and job opportunities has led to significant economic backwardness that turned into inaccessibility.

QUALITY ISSUE AND AFFORDABILITY

  • Low quality of grains and the poor service at PDS shops has further added to the problem.
  • Another important point which might promote food insecurity high cost of food grains which poor sections cannot afford.

INCLUSION AND EXCLUSION

  • The Targeted Public Distribution System (TPDS) has the disadvantage in the sense that those people who are the right candidates for deserving the subsidy are excluded on the basis of non-ownership of below poverty line (BPL) status, as the criterion for identifying a household as BPL is arbitrary and varies from state to state.
  • The often inaccurate classification as above poverty line (APL) and below poverty line (BPL) categories had resulted in a big decline in the off-take of food grains.

INEFFICIENT IMPLEMENTATION

  • Although a number of programmes with improving nutrition as their main component are planned in the country, these are not properly implemented.
  • For instance, a number of states have yet to introduce the Mid Day Meal Scheme (MDMS). In states such as Bihar and Orissa where the poverty ratio is very high, poor implementation of nutritional programmes that have proven effectiveness has a significant impact on food security.

THE WAY FORWARD

The main pathways from agriculture to nutrition are through:

1). Food production

2). Agricultural income

3). Women’s empowerment

A combination of resource efficient methods, dynamic cropping patterns, ICT based climate-smart agriculture can enhance agricultural productivity and sustainability.

  • Enhancing area under cultivation: To ensure food and nutritional security there is need to enhance area under cultivation. It can be achieved through watershed development programme improvement in productivity of various crops, enhancement of groundwater recharge, change in net sown area and irrigated area, increase in cropping intensity and reduction in soil loss.
  • Resource use efficiency: There is need to increase resource efficiency through adoption of appropriate technologies. The development strategy for agriculture should prioritise smallholder agriculture in order to promote sustainable livelihoods and for reduction of poverty in India. There is need to promote use of environment-friendly automated farm machinery tools suited to small scale operations.
  • Increasing Sustainability in Agriculture: Sustainability in agriculture can be done by turning to Organic and Natural Farming. The government has been promoting organic farming in the country through the schemes such as Paramparagat Krishi Vikas Yojana (PKVY) and Rashtriya Krishi Vikas Yojana (RKVY). There is need to proper implementation of these initiatives.
  • Improving Infrastructure and Access to Markets: The informal actors like local traders and input dealers are more prominent in the marketing channels of the smallholder farmers. However, if farmers’ access to markets are improved through better connectivity to nearby mandis, it will help farmers fetch better prices for their agricultural produce. A combination of enhancing rural infrastructure to improve connectivity, Information & Communication Tech-nology (ICT) to provide timely information about prices, aggregation and storage facilities can help small and marginal farmers in overcoming the marketing bottlenecks.
  • Sponsoring research and dissemination of knowledge to farmers: Extending assistance for research and dissemination of knowledge to farmers in collaboration with institutions under the Indian Council of Agricultural Research, state agricultural universities and other institution can help develop a sustainable farming operation.
  • Fortification of rice: Rice fortification is found to be a cost-effective strategy to increase vitamin and mineral content in diets with low turnaround time (TAT) and a step towards nutritional security and helps in fighting malnutrition in the country. Government has introduced a scheme for the distribution of fortified rice, containing prescribed micronutrients (Iron, Folic Acid, Vitamin B12) in order to address the problem.

THE CONCLUSION: While Indian agriculture has performed well, the sector needs re-orientation in the backdrop of certain challenges as the health of a country’s agri-food systems determines the health of its people. For a safe and food secure future, the agriculture landscape has to undergo tremendous transformation and shift from the philosophy of ‘green revolution’ led productivity to ‘green methods’ led sustainability in agriculture.

MAINS QUESTIONS

Q.1 Define food security along with its dimensions. Discuss the challenges and steps taken by government in this regard.

Q.2 The real challenge to India’s Agricultural sector is poor food management rather than food production .How it affects food and nutritional security? Explain.




TOPIC- DOES THE DPDP ACT, 2023 REALLY PROTECT PRIVACY?

THE CONTEXT: In August 2023, the Parliament passed the Digital Personal Data Protection Act (DPDPA), 2023. The Act holds significance as a fundamental component of the comprehensive structure of technology regulations and protection of privacy being developed in the country. In this context, this article analyses various aspects of the Act in order to enable the students to develop the right perspective.

NEED FOR DIGITAL DATA PROTECTION LAW

  • Way back in 2006, the British mathematician Mr Clive Humpy was able to visualize the importance of data and said that ‘Data is the New Oil’. Digital data has become a precious tradable commodity that can potentially be a competitive leverage for market players.

In India, according to one estimate, the digital population reached close to 700 million active internet users with 467 million social media users creating mammoth digital data. As a result, India has emerged as the second-largest internet market. When digital data has emerged as an all-pervasive business enabler, its generation, ownership, sharing, data protection and maintenance of mutual trust among data transmitters assume greater significance.

  • Personal data is information that relates to an identified or identifiable individual. Businesses as well as government entities process personal data for the delivery of goods and services and processing personal data allows understanding preferences of individuals, which may be useful for customisation, targeted advertising, and developing recommendations.

However, unchecked processing may have adverse implications for the privacy of individuals, which has been recognised as a fundamental right. It may subject individuals to harm such as financial loss, loss of reputation, and profiling.

  • In August 2017, the 9 Judges Bench of the Supreme Court in its verdict in Justice K.S. Puttaswamy (Retd) vs. Union of India case held that the Right to Privacy is a fundamental right under Article 21.

As technologies like Artificial Intelligence advance and permeate various aspects of daily lives, the potential for extensive data collection, analysis, and manipulation grows exponentially and without effective data protection measures, individuals’ personal information is at risk of being exploited, leading to privacy breaches, identity theft, and other malicious activities.

THE KEY FEATURES OF THE ACT

APPLICABILITY

The Bill applies to the processing of digital personal data within India where such data is:

  • collected online, or
  • collected offline and is digitised.

The provisions of the Act will also apply to the processing of personal data outside India if it intends to offer goods or services in India.

CONSENT

  • Personal data may be processed only for a lawful purpose after obtaining the consent of the individual and a notice must be given before seeking consent.
  • Consent may be withdrawn at any point in time.
  • Consent will not be required for ‘legitimate uses’ defined in the Bill.
  • For individuals under 18 years of age, consent will be provided by the parent or the legal guardian.

DATA PRINCIPAL

Rights of data principal: 

  • An individual whose data is being processed (data principal), will have the right to:
  • obtain information about processing,
  • seek correction and erasure of personal data,
  • nominate another person to exercise rights in the event of death or incapacity, and
  • grievance redressal.

Duties of data principal: They must not:

  • register a false or frivolous complaint, and
  • furnish any false particulars or impersonate another person in specified cases.
  • Violation of duties will be punishable with a penalty of up to Rs 10,000.

DATA FIDUCIARIES

Obligations of data fiduciaries:  The entity determining the purpose and means of processing (data fiduciary) must:

  • make reasonable efforts to ensure the accuracy and completeness of data,
  • build reasonable security safeguards to prevent a data breach,
  • inform the Data Protection Board of India and affected persons in the event of a breach, and
  • erase personal data as soon as the purpose has been met and also the retention (time limit for storing the data) is not necessary for legal purposes.

For government entities, storage limitation and the right of the data principal to erasure will not apply.

DATA PROTECTION BOARD OF INDIA

The central government will establish the Data Protection Board of India.  Key functions of the Board include:

  • monitoring compliance and imposing penalties,
  • directing data fiduciaries to take necessary measures in the event of a data breach, and
  • hearing grievances made by affected persons.
  • Board members will be appointed for two years and will be eligible for re-appointment.

Appeals against the decisions of the Board will lie with TDSAT (Telecom Disputes Settlement and Appellate Tribunal).

EXEMPTIONS

The rights of the data principal and obligations of data fiduciaries (except data security) will not apply in specified cases.

The central government may, by notification, exempt certain activities from the application of the Bill.  These include:

  • processing by government entities in the interest of the security of the state and public order, and
  • research, archiving, or statistical purposes.

PENALTIES

The schedule to the Bill specifies penalties for various offences such as up to:

  • Rs 200 crore for non-fulfilment of obligations for children, and
  • Rs 250 crore for failure to take security measures to prevent data breaches.

Penalties will be imposed by the Board after conducting an inquiry.

  THE SIGNIFICANCE OF THE DATA PROTECTION ACT

  • Protects the privacy of the individual: The Data Principal (DP) has to give written consent to generate and process the data indicating the specific purpose of its use. DP can also withdraw the consent at any time or can restrict its use. The Act also grants certain rights to individuals including the right to obtain information, seek correction and erasure, and grievance redressal.
  • Safeguards the legitimate aim of the state: Exemptions to data processing by the State on grounds such as sovereignty and integrity may lead to data collection, processing, and retention beyond what is necessary.
  • Enables growth and innovation: The Act holds immense importance in the present digital landscape and it will solidify India’s position as a global leading innovation hub, the IT industry and stimulate India’s digital thought leadership globally.
  • Promotes digital economy: The Act provides a regulatory framework that balances the interests of consumers, businesses, and the government while ensuring the digital economy is secure, transparent, and trusted.
  • Independent authority to implement: The Act provides for the creation of a Data Protection Board (DPB) to enforce the compliance of provisions of the legislation.
  • Matching with the international regime: The DPDP Act follows the global minimum standard for privacy and data protection and forms a solid foundation for building effective protection and trust for individuals and developing common international approaches to transborder data flows.

CRITICISMS OF THE ACT

  • May violate the right to privacy: The Supreme Court in Justice K.S. Puttaswamy (Retd) vs. Union of India (2017) has held that any infringement of the right to privacy should be proportionate to the need for such interference.

However, the Act empowers the central government to exempt processing by government agencies from any or all provisions, in the name of security of the state and maintenance of public order. Such exemptions for the State may lead to data collection, processing, and retention beyond what is necessary.  This may violate the fundamental right to privacy giving rise to the apprehensions that the collected data might be used to create a 360-degree profile for surveillance.

  • Curtails access to information: The RTI Act includes a provision to harmonise peoples’ right to information with their right to privacy through an exemption clause under Section 8(1)(j). Personal information is exempt from disclosure if it has no relationship to any public activity however; the DPDPA exempts all personal information from disclosure. This threatens the very foundations of the transparency and accountability regime in the country.
  • Does not address the issues arising from the processing of personal data: The Act falls short of regulating harm arising from the processing of personal data. The Srikrishna Committee (2018) observed that harm is a possible consequence of personal data processing which includes financial loss, loss of access to benefits or services, identity theft, loss of reputation, discrimination, and unreasonable surveillance and profiling.
  • Not enough protection in case of cross-border transfer of data: The Act provides for the central government to restrict the transfer of personal data to certain countries through a notification. This implies the transfer of personal data to all other countries without any explicit restrictions.

This mechanism may not provide adequate protection. In the absence of robust data protection laws in another country, data stored outside India may be more vulnerable to breaches or unauthorised sharing with foreign governments as well as private entities.

  • Independence of the Data Protection Board of India: The Act provides that members of the Data Protection Board of India will function as an independent body. A short-term appointment (2 years) with the scope for re-appointment may affect the independent functioning of the Board.

WHETHER THE DPDP ACT 2023 REALLY PROTECTS PRIVACY?

The inclusion of exemptions in the DPDP Act has the potential to result in an expansion of data collection, processing, and retention beyond the bounds of what is deemed essential. The potential lack of proportionality and potential infringement upon the fundamental right to privacy may be observed. The Act also does not mandate government agencies to erase personal data once the processing purpose has been fulfilled. In the case of PUCL vs Union of India (1996), the Supreme Court imposed several safeguards that must be adhered to, including the establishment of necessity, purpose limitation, and storage limitation. The obligations of data fiduciaries under the Act, which have been exempted, bear resemblance to these safeguards and raise questions about privacy.

As CJI DY Chandrachud has asserted that the establishment of any robust data protection system necessitates a meticulous and delicate equilibrium between the interests of individuals and the valid apprehensions of the state. The government has maintained that it needs some exemptions and cannot be treated at par with private entities in all cases for various reasons connected with issues including terrorism, law and order, and public health emergencies. Although there is merit in the government argument, exemptions without procedural safeguards may create the fear of a surveillance state. It is commendable that the IT Minister recently indicated that as and when the Act is implemented, procedural safeguards will also be introduced. Although this is a welcome step, other concerns like ‘consent dilution’, penalty for data principal, selective compliance regime etc. need to be addressed.

DATA PROTECTION LAWS AROUND THE WORLD

EUROPEAN UNION

General Data Protection Regulation (GDPR)

  • GDPR is a legal framework that sets guidelines for the collection and processing of personal information from individuals of the European Union (EU). The law came into effect in May 2018 and applies to all 28 of European Union members.
  • Its aim is to give consumers control over their own personal data by holding companies responsible for the way they handle and treat this information.
  • Under the terms of GDPR, not only do organisations have to ensure that personal data is gathered legally and under strict conditions, but those who collect and manage it are obliged to protect it from misuse and exploitation.
  • Companies are also required to respect the rights of data owners – or face penalties for not doing so.

SINGAPORE

  • The Personal Data Protection Act (PDPA) provides a baseline standard of protection for personal data in Singapore. It complements sector-specific legislative and regulatory frameworks such as the Banking Act and Insurance Act.
  • The PDPA recognises both the need to protect individuals’ personal data and the need for organisations to collect, use or disclose personal data for legitimate and reasonable purposes. By regulating the flow of personal data among organisations, the PDPA also aims to strengthen Singapore’s position as a trusted hub for businesses.
  • Organisations are required to comply with various data protection obligations if they undertake activities relating to the collection, use or disclosure of personal data.

NEW ZEALAND

  • The Privacy Act 2020 repealed and replaced the Privacy Act 1993 and came into effect on 1 December 2020.
  • The Act strengthens privacy protections and promotes early intervention and risk management by agencies (the name used for any organisation or person that handles personal information) and enhances the role of the Privacy Commissioner.
  • New Zealand agencies also ensure that personal information sent overseas is protected by comparable privacy standards.
  • The Act also clarifies that when a New Zealand agency engages an overseas service provider, it will have to comply with New Zealand privacy laws.
  • Misleading the agency in a way that affects someone else’s information, and destroying documents containing personal information also attracts fines of up to $10,000.

USA

  • There is no comprehensive set of privacy rights or principles in the US that, like the EU’s GDPR, addresses the use, collection, and disclosure of data instead, there is limited sector-specific regulation. The approach towards data protection is also different for the public and private sectors.
  • The activities and powers of the government vis-a-vis personal information are well-defined and addressed by broad legislation such as the Privacy Act, the Electronic Communications Privacy Act, etc.

THE WAY FORWARD

  • Given that the government is the biggest data repository, an effective data protection law must not give exemptions and wide discretionary powers to the government which could possibly result in immense violations of citizens’ privacy.
  • The creation of a government-controlled Data Protection Board is bound to raise serious apprehensions of it becoming another caged parrot open to misuse by the executive to target the political opposition and those critical of its policies. The concerns need to be urgently addressed.
  • The Act also provides for the executive to exempt a single company or a class of companies from compliance. It might lead to a partisan than a constitutionalist regime which may not be appropriate.
  • A robust data protection law is just one aspect of a broader framework for digital governance. To ensure comprehensive regulation, cyber security, competition, artificial intelligence, and other relevant areas must also be addressed. The European Union’s approach can provide valuable insights.
  • BN Srikrishna committee also suggested, that there is a conflict of fundamental rights, between transparency and privacy. This requires careful balancing given the fact that neither the right to privacy not the right to information is absolute.
  • The idea of a fee to prevent frivolous appeals might pose a barrier to grievance redressal. Hence it is necessary to have a relook on the provisions dealing with penalties to encourage informed, alert and proactive participation from the masses.
  • The government must not only notify new data rules at the earliest but must also ensure an orderly transition to new data rules once they are notified.

THE CONCLUSION: The Digital Personal Data Protection Act will not only create an essential framework of trust between individuals and enterprises processing their data but also set explicit norms for accountability and responsible data handling. It is a promising and welcome step as it addresses concerns like cross-border data transfer and remedies for unauthorised data processing. However, concerns about the way the new law deals with the rights to information and free speech, surveillance reform, and the regulatory structure need to be addressed.

Mains Practice Questions:

Q.1 Does the Digital Personal Data Protection (DPDP) Act 2023 erode the right to information and weaken the accountability of public servants to citizens? Critically analyse.

Q.2 Discuss the salient feature of the Digital Personal Data Protection (DPDP) Act 2023. Do you think that instead of protecting the privacy of individuals it creates a friendly regime for data processing? Argue.




TOPIC- INDIA AS A GLOBAL SEMICONDUCTOR HUB

THE CONTEXT: India’s Semiconductor Mission (ISM) is a government initiative launched in 2021 with a total financial outlay of Rs 76,000 crore (US$ 10 billion). The mission aims to build a vibrant semiconductor and display ecosystem in India, and to make the country a global hub for electronics manufacturing and design.

WHAT ARE SEMICONDUCTORS?

Semiconductors are a class of materials that have electrical conductivity levels between those of conductors (materials that readily allow the flow of electric current) and insulators. Semiconductors play a crucial role in modern electronics and technology, as they are the foundation of various electronic devices, including transistors, diodes, integrated circuits (ICs), and more.

CHARACTERISTICS AND SIGNIFICANCE OF SEMICONDUCTORS

  1. Conductivity: Semiconductors have a conductivity that falls between that of conductors and insulators. They are not as conductive as metals but are not as resistive as insulators.
  2. Energy Band Structure: The behavior of electrons in semiconductors is described using energy bands. The valence band contains electrons that are tightly bound to atoms, while the conduction band contains electrons that are free to move and carry electric current. The energy gap between these bands determines whether a material is a conductor, semiconductor, or insulator.
  3. Doping: Doping is the process of intentionally introducing impurities into a semiconductor material to modify its electrical properties. Two common types of doping are n-type (adding impurities with extra electrons) and p-type (adding impurities with fewer electrons). Doping allows for the controlled manipulation of electrical conductivity.
  4. Electron and Hole Mobility: In semiconductors, electrons move through the conduction band, and “holes” (absence of electrons) move through the valence band. The mobility of these charge carriers influences the semiconductor’s conductivity.
  5. Thermally Generated Carriers: At higher temperatures, some electrons gain enough energy to move from the valence band to the conduction band, creating electron-hole pairs. These thermally generated carriers contribute to the material’s conductivity.
  6. Semiconductor Devices: Semiconductors are the basis for electronic devices like transistors, which amplify or switch electronic signals; diodes, which allow current to flow in only one direction; and integrated circuits (ICs), which pack numerous components onto a single chip.

Semiconductors have profoundly transformed the modern world by enabling the development of electronics and technology that have become integral to daily life. The ability to control and manipulate the electrical behavior of these materials has opened up a vast array of applications and continues to drive innovation in various fields.

INDIA’S JOURNEY IN THE SEMICONDUCTOR INDUSTRY

The growth of the semiconductor industry in India is important for several reasons. First, semiconductors are essential for the production of a wide range of products, from smartphones to cars to medical devices. Second, the semiconductor industry is a high-tech industry that creates high-paying jobs. Third, the semiconductor industry is a strategic industry that can help India to reduce its dependence on imported electronics. India has the potential to become a major player in the global semiconductor industry. The country has a large pool of skilled engineers, a growing manufacturing base, and a supportive government. The ISM is a major step towards realizing India’s ambition to become a global leader in semiconductors.

INDIA’S SEMICONDUCTOR JOURNEY: A TIMELINE

1970

  • The UN Development Programme (UNDP) partners with Indian institutes to build semiconductor technology capabilities.

1979

  • The Central Electronics Engineering Research Institute (CEERI) is established in Pilani (Rajasthan).

1983

  • The Semi-Conductors Laboratory (SCL) is established in Mohali (Punjab).

1988

  • The Semiconductor Research and Development Center (SRDC) is established in Bangalore (Karnataka).

2007

  • The Indian government announces a National Semiconductor Policy to boost the semiconductor industry.

2017

  • The Indian government launches the Electronics Manufacturing Clusters (EMC) scheme to promote the manufacturing of electronics products in India.

2020

  • The Indian government announces the India Semiconductor Mission (ISM) to make India a global hub for semiconductor design, manufacturing, and testing.

2021

  • Intel announces a $10 billion investment to set up a chip manufacturing plant in India.

INDIA’S SEMICONDUCTOR MISSION- 2021

India’s semiconductor industry has been on a growth trajectory over the past few years. The government of India has shown interest in promoting domestic semiconductor manufacturing and design capabilities to reduce dependence on imports, particularly for critical electronic components.

NATIONAL POLICY ON ELECTRONICS (NPE)

The NPE aims to promote electronics manufacturing in India, which includes semiconductor manufacturing. It seeks to encourage investment in electronics manufacturing and design, along with promoting research and development in the electronics sector.

ELECTRONICS MANUFACTURING CLUSTERS (EMC)

The Indian government has been setting up Electronics Manufacturing Clusters to create an ecosystem for electronics manufacturing, which includes semiconductor fabrication units.

INVESTMENT IN RESEARCH AND DEVELOPMENT

Various research and development institutions and technology parks in India have been working on advancing semiconductor research, design, and manufacturing processes.

PUBLIC-PRIVATE PARTNERSHIPS

Partnerships between the government and industry have been forged to boost the semiconductor ecosystem in India. These collaborations aim to enhance the research and development capabilities of the country.

SEMICONDUCTOR FABS

India has been exploring opportunities to establish semiconductor fabrication (fab) units within the country. Fabs are complex and capital-intensive facilities used for manufacturing semiconductor chips.

SKILL DEVELOPMENT

The development of skilled manpower in areas related to semiconductor design and manufacturing has been a focus. Initiatives include setting up training centers and programs to nurture talent in this field.

ATTRACTING FOREIGN INVESTMENT

India has been actively seeking foreign investment and collaborations to accelerate the growth of its semiconductor industry.

NEED AND SCOPE OF PROMOTING SEMICONDUCTOR INDUSTRY

  • Technological Innovation: Semiconductors are at the heart of virtually all modern technologies, from smartphones and computers to medical devices and renewable energy systems. Promoting the semiconductor industry drives technological innovation and enables the development of cutting-edge products and solutions that improve people’s lives.
  • Economic Growth: The semiconductor industry is a major contributor to global economic growth. It generates substantial revenue and creates high-value jobs in various sectors, including manufacturing, design, research, software development, and more. Countries with strong semiconductor industries often experience economic diversification and increased competitiveness.
  • Global Competitiveness: Countries with a robust semiconductor industry are better positioned to compete globally in the high-tech sector. These industries contribute to a nation’s technological prowess and enhance its reputation as a hub for innovation.
  • National Security: Many critical infrastructure systems, including those related to defense, transportation, communication, and energy, rely on semiconductor technology. A domestic semiconductor industry can enhance a country’s self-sufficiency and reduce dependency on foreign suppliers for critical components.
  • Job Creation: The semiconductor industry supports a wide range of job opportunities, from skilled labor in manufacturing to highly specialized roles in research, design, and software development. By promoting the industry, countries can create employment opportunities across various skill levels.
  • Research and Development: The semiconductor industry drives significant investment in research and development (R&D). Advances in semiconductor technology often lead to breakthroughs in other scientific disciplines, further contributing to societal progress.
  • Education and Skill Development: Promoting the semiconductor industry encourages investments in education and skill development. This includes training programs, academic partnerships, and initiatives to cultivate a skilled workforce capable of contributing to advanced technologies.
  • Emerging Technologies: As technology evolves, new semiconductor materials, processes, and architectures are required to meet the demands of emerging fields like quantum computing, advanced sensors, and nanotechnology.

THE SIGNIFICANCE OF DOMESTIC SEMICONDUCTOR MANUFACTURING FOR INDIA

The significance of domestic semiconductor manufacturing for India is multi-faceted and extends to various sectors of the economy, technological innovation, national security, and overall development. Here are some key reasons why domestic semiconductor manufacturing is crucial for India:

  • Reduce dependence on imports:India currently imports most of its semiconductors, which makes it vulnerable to supply chain disruptions and price volatility. Domestic manufacturing can help to reduce India’s dependence on imports and make the country more self-reliant in the semiconductor sector.
  • Create jobs: The semiconductor industry is a high-tech industry that requires a skilled workforce. Domestic manufacturing can help to create jobs in the semiconductor sector, which can boost economic growth and development.
  • Promote innovation:The semiconductor industry is a constantly evolving industry that requires innovation to stay ahead of the curve. Domestic manufacturing can help to promote innovation in the semiconductor sector, which can lead to new products and technologies that can benefit India’s economy.
  • Strengthen national security:Semiconductors are essential for many critical applications, such as defense and telecommunications. Domestic manufacturing can help to strengthen India’s national security by reducing its dependence on foreign suppliers of semiconductors.
  • Attract foreign investment:The semiconductor industry is a global industry, and attracting foreign investment is essential for the growth of the domestic semiconductor industry in India. Domestic manufacturing can help to attract foreign investment by creating a more favorable investment climate for semiconductor companies.

Overall, domestic semiconductor manufacturing is essential for India’s economic and technological development. It can help to reduce dependence on imports, create jobs, promote innovation, strengthen national security, and attract foreign investment.

WHY IS THERE A GLOBAL RACE TO DIVERSIFY SEMICONDUCTOR SUPPLY CHAINS?

There are a few reasons why there is a global race to diversify semiconductor supply chains.

  • The COVID-19 pandemic:The COVID-19 pandemic has highlighted the vulnerability of global supply chains. The pandemic caused disruptions to the production and transportation of semiconductors, leading to shortages of chips in a wide range of industries. This has made countries realize the importance of having more diversified supply chains to reduce their vulnerability to disruptions.
  • The US-China trade war:The US-China trade war has also contributed to the drive to diversify semiconductor supply chains. The trade war has led to restrictions on the export of semiconductors from China to the US, which has made the US more reliant on other countries for its supply of chips.
  • The rise of China:China is emerging as a major player in the semiconductor industry. China is investing heavily in semiconductor manufacturing, and it is becoming increasingly self-sufficient in terms of its chip supply. This has led to concerns in the US and other countries that China could use its control of the semiconductor supply chain as a strategic weapon.
  • The increasing demand for semiconductors: The demand for semiconductors is growing rapidly, driven by the growth of the automotive, electronics, and telecommunications industries. This increasing demand is putting a strain on the global semiconductor supply chain, and it is making it more difficult for countries to secure the chips they need.

WHAT ARE THE INITIATIVES RELATED TO SEMICONDUCTORS AT THE GLOBAL LEVEL?

The various countries and organizations have launched initiatives related to semiconductors to promote their development, manufacturing, and innovation. These initiatives aim to address challenges in the semiconductor industry, enhance supply chain resilience, and advance technology capabilities.

  1. European Union: Digital Compass and Digital Europe Programme: The European Union has launched the “Digital Compass” strategy, which includes targets for semiconductor manufacturing, R&D investment, and digital skills development. The “Digital Europe Programme” aims to invest in advanced digital technologies, including semiconductors, to strengthen Europe’s technological sovereignty.
  2. United States: CHIPS Act and American Jobs Plan: The “Creating Helpful Incentives to Produce Semiconductors for America Act” (CHIPS Act) proposes financial incentives to stimulate semiconductor manufacturing in the U.S. The “American Jobs Plan” includes funding for semiconductor research and development, as well as supply chain resilience.
  3. China: National Integrated Circuit Industry Development Guidelines: China has launched multiple initiatives to develop its semiconductor industry, including the National Integrated Circuit Industry Development Guidelines. These initiatives emphasize indigenous chip design, manufacturing, and research.
  4. Japan: Moonshot R&D Initiative and Japan’s Growth Strategy: Japan’s “Moonshot R&D Initiative” focuses on technological breakthroughs in key areas, including semiconductors. The country’s growth strategy includes support for semiconductor manufacturing and innovation.
  5. Taiwan: National Development Strategy for the Semiconductor Industry: Taiwan’s government supports its semiconductor industry through various programs, including research funding, talent development, and industry collaboration.
  6. Global Partnerships: Various international collaborations aim to address semiconductor challenges collectively. For example, the “Global Semiconductor Alliance” (GSA) fosters collaboration among semiconductor companies worldwide.

These initiatives represent the efforts by the countries and regions are making to enhance their semiconductor capabilities and the rapidly evolving nature of the semiconductor industry.

INDIA’S COLLABORATION WITH OTHER COUNTRIES ON SEMICONDUCTOR POLICIES

India has been collaborating with various countries on semiconductor policies and initiatives to enhance its semiconductor manufacturing and design capabilities. These collaborations aim to leverage the expertise, resources, and technology of partner countries to accelerate the growth of India’s semiconductor industry.

  1. Japan: India and Japan have been working together to strengthen their semiconductor industries. The “India-Japan Semiconductor & Electronics Partnership” was launched to promote collaboration in research, development, and manufacturing in the semiconductor sector.
  2. Taiwan: India and Taiwan have been exploring collaboration opportunities in semiconductor manufacturing and technology. Taiwan, being a major player in the semiconductor industry, has the potential to offer technical expertise and support.
  3. United States: India has engaged in discussions with the United States on various aspects of technology and innovation, including semiconductors. Collaboration with U.S. companies and research institutions can help India access cutting-edge technology and expertise.
  4. Israel: India and Israel have explored opportunities for collaboration in technology and innovation, including semiconductors. Israel’s strength in research and development could complement India’s efforts in semiconductor design and manufacturing.
  5. European Union: India has engaged with the European Union on technology and innovation partnerships. Collaboration with EU member states could lead to knowledge exchange and joint research projects in the semiconductor field.
  6. Singapore: India and Singapore have explored avenues for cooperation in the semiconductor industry, including knowledge sharing, joint research projects, and investment opportunities.
  7. South Korea: Collaboration with South Korea has been discussed to promote technology transfer and knowledge sharing in the semiconductor sector.

These collaborations are to multiple aspects for the semiconductor industry, including research, manufacturing, skill development, and policy formulation. The goal is to leverage the strengths of partner countries to accelerate India’s semiconductor capabilities and reduce its reliance on semiconductor imports.

WHAT ARE THE CHALLENGES FOR SEMICONDUCTORS SUPPLY CHAIN BY INDIA?

  • Lack of Semiconductor Fabs: One of the primary challenges for India is the absence of advanced semiconductor fabrication facilities (fabs). Fabs are complex and expensive to establish, requiring significant investments in infrastructure, technology, and expertise. Without domestic fabs, India would heavily rely on imports for its semiconductor supply.
  • Technological Expertise: Developing and maintaining semiconductor manufacturing expertise requires specialized skills and knowledge. India would need to invest in training and education to ensure a skilled workforce capable of managing advanced semiconductor manufacturing processes.
  • Infrastructure: Semiconductor manufacturing demands a reliable infrastructure, including clean room facilities, stable electricity supply, water resources, and efficient transportation networks. Developing and maintaining this infrastructure to global standards can be a challenge.
  • Supply Chain Vulnerabilities: India’s semiconductor supply chain could be vulnerable to disruptions due to global events such as supply shortages, geopolitical tensions, and natural disasters. Diversifying suppliers and ensuring supply chain resilience is crucial.
  • Intellectual Property and Patents: Semiconductor technology involves a significant amount of intellectual property and patented technology. Navigating IP rights and negotiating licensing agreements can be complex and may impact the cost and feasibility of setting up semiconductor production.
  • Market Demand and Fluctuations: Predicting market demand for semiconductors accurately can be challenging due to fluctuations in technology trends, consumer preferences, and global economic conditions. Overestimating or underestimating demand could affect the viability of investments.
  • Regulatory and Environmental Factors: Semiconductor manufacturing involves the use of hazardous materials and consumes energy and water. Ensuring compliance with environmental regulations while maintaining efficient production processes can be a balancing act.
  • Investment and Funding: Establishing a semiconductor supply chain requires significant investments, both from the government and private sector. Securing adequate funding and managing financial risks are important factors in the success of such initiatives.

THE WAY FORWARD

ADVANTAGES OF INDIA

  • Large pool of talented engineers and technicians
  • Strong educational system producing skilled workforce
  • Cost-effective labor compared to other semiconductor manufacturing hubs
  • Favorable government policies attracting foreign investment
  • Strong presence of IT and electronics industries
  • Increasing domestic demand for electronics and semiconductors
  • Strong network of research and development institutions

INFRASTRUCTURE DEVELOPMENT

  • Establishment of semiconductor manufacturing plants
  • Improvement of power supply and infrastructure facilities
  • Development of specialized industrial parks for the semiconductor industry
  • Collaboration with global semiconductor companies for technology transfer
  • Investment in semiconductor research and development centers
  • Development of semiconductor testing and assembly facilities

R&D AND INNOVATION

  • Strengthen collaboration between industry, academia, and research institutions
  • Investment in semiconductor research and development
  • Focus on emerging technologies like Internet of Things (IoT), Artificial Intelligence (AI), and 5G
  • Encourage startups and entrepreneurship in the semiconductor industry
  • Promote intellectual property rights protection and innovation-friendly policies

SKILL DEVELOPMENT AND EDUCATION

  • Enhance technical education and training programs focused on semiconductor industry
  • Establish partnerships between industry and educational institutes
  • Encourage international collaborations and exchange programs
  • Foster innovation and entrepreneurship in the semiconductor field
  • Provide scholarships and financial assistance for students pursuing semiconductor-related courses

GOVERNMENT SUPPORT AND POLICIES

  • Simplify regulatory procedures for semiconductor manufacturing and investment
  • Offer tax incentives and subsidies to attract semiconductor companies
  • Create a business-friendly environment for semiconductor industry
  • Develop policies promoting local manufacturing and reducing import dependence
  • Collaborate with other countries and international organizations for knowledge sharing and technology transfer

COLLABORATION AND INTERNATIONAL COOPERATION

  • Strengthen partnerships with leading semiconductor manufacturing countries
  • Explore technology collaboration with global semiconductor giants
  • Provide support to other developing countries in establishing semiconductor hubs
  • Participate in international forums and conferences for knowledge sharing
  • Promote export of Indian semiconductor products to global markets

ENVIRONMENTAL SUSTAINABILITY

  • Promote sustainable and eco-friendly manufacturing practices
  • Invest in renewable energy sources for semiconductor manufacturing
  • Develop waste management and recycling systems for semiconductor industry
  • Encourage research and development of energy-efficient semiconductor technologies

MARKET DEVELOPMENT

  • Identify and target emerging markets for semiconductor products
  • Encourage domestic manufacturing and reduce import dependency
  • Develop a robust supply chain for semiconductor industry
  • Strengthen indigenous semiconductor product development and manufacturing capabilities
  • Foster collaborations between Indian and global semiconductor companies for market expansion

THE CONCLUSION: India has immense potential to become a global semiconductor hub and strategic investment in infrastructure, R&D, education, and government support is crucial. Collaboration and international cooperation will accelerate India’s growth in the semiconductor industry. It is focus on innovation, skill development, and sustainable practices will drive India’s success in the global semiconductor market.

UPSC MAINS QUESTION

Q.1 What are the major challenges faced by India to become a global semiconductor hub? What steps are being taken by Government of India in that direction?

Q.2 Discuss the potential and significance of India becoming the global semiconductor hub.




TOPIC- HYBRIDITY IN WARFARE: A COMPELLING DIMENSION IN MODERN WARFARE

“Technology has become a key driver of future wars.”

THE INTRODUCTION: Hybrid warfare is a military strategy in which conventional means are employed and integrated with unconventional methods to achieve dominance or inflict damage, to subvert or influence or to wage war.  Hybrid wars use multi-domain warfighting approaches, including cyberattacks, disinformation and subversion, economic blackmail and sabotage and sponsorship of proxy forces to destabilise a society or a nation by influencing its decision-making process without resorting to traditional conflict. This article analyses various aspects of the hybrid war, measures taken and what needs to be done to deal with this evolving threat.

CHANGING PHASE OF THE WARFARE

  • Warfare is a dynamic and evolving concept going through various changes with time. Technology has been a major factor in this evolution and a determining factor.
  • Without going into the historical aspect, we can trace the recent changing perspective of the war after world war 2, when nuclear weapons became the base of the Cold War between two superpowers.
  • After the dissolution of the USSR, the legitimacy threat of the nuclear war was felt as a powerful nuclear nation like the USSR was not able to maintain the unity of its nation.
  • It is said that technology is a double-edged sword. With the evolution of the Digital era, the negative externalities of technology became visible. As data more and more become available in the invisible cyberspace whether it is private data, organisational data or national data, the threat loomed with a multiplier effect.
  • Now emerging technologies like Industrial Revolution 4.0, Artificial intelligence, and cyber threats are posing new threats to national security.
  • Whether it is AI, or computing power, or satellite imagery and secure data transmission, or round-the-clock transparency on the battlefield, these new-age niche technologies are revolutionary to the future planning and conduct of warfare.

DIFFERENCES BETWEEN CONVENTIONAL WARFARE AND HYBRID WARFARE

CONVENTIONAL WARFARE

  • Dominated by military might
  • Normally deterrence works in Conventional war
  • It is mostly interstate war
  • It is dominated by nuclear weapons where coercive and hard power is used against an opponent
  • It needs state power to deal with this
  • Capital intensive warfare-relying only on hard ‘metal on metal’ battles.

HYBRID WARFARE

  • It is mix of Military and Digital — an information-psychological element that forms the basis of ‘hybrid warfare’ with the aim to influence primarily public consciousness, rather than the armed forces or the State’s infrastructure.
  • Normally deterrence doesn’t work
  • It is against the state, private players as well as organisations
  • It is multi-layered war including cyber to aerospace, precision munitions to unmanned platforms, hyper-Sonics to autonomous systems, AI and quantum computing to blockchain technologies
  • It needs comprehensive national power- in terms of multi-pronged and multi-stakeholder approach including states, international organisations, non-governmental organisations and private firms.
  • Asymmetry Warfare—Weaker powers with less money and firepower stand a good chance to win wars

VARIOUS TYPES OF TECHNOLOGIES AS THREAT TO NATIONAL SECURITY

AUTONOMOUS SYSTEMS: Described as systems that can perform tasks in a changing environment with limited human intervention or control.

  • Autonomous systems present a growing attack surface for malicious cyber actors because of their dependence on software, computing, and connectivity. At the same time, they can also be vulnerable to supply chain disruptions or exploitation by adversaries. Given the broad data that many of these systems collect, they are also likely to be ripe targets for foreign intelligence collection.

o    E.g.-Autonomous Vehicles from China have been included in the List of US National Security Threats as it gathers a lot of information.

  • Drones present a unique challenge to the security organisations. In the wrong hands, regular consumer drones can be used as lethal weapons. It enables terrorists to plan, coordinate and launch a vast range of deadly and potentially disruptive attacks against civilians, soft targets, and critical infrastructure.
  • The number of non-state actors already using aerial drones has steadily increased over the past several years. Through rapid advances in drone technology, AROS is slated to become a primary tactic of terrorist attacks in the future.

GENERATIVE AI

There has been a significant increase in cyber tools and services over the next five years that “will have a profound impact on the threat landscape, as more state and non-state actors obtain capabilities and intelligence not previously available to them.

  • Advanced Persistent Threats (APTs): A sophisticated, sustained cyberattack occurs when an intruder enters a network undetected, remaining for a long time to steal sensitive data. They frequently involve the use of AI to avoid detection and target specific organizations or individuals.
  • AI-powered malware: Malware that uses AI has been taught to think for itself, adapt its course of action in response to the situation, and particularly target its victims’ systems.
  • Phishing: Using natural language processing and machine learning, attackers create convincing phishing emails and messages that are designed to trick individuals into revealing sensitive information.
  • Deepfake attacks: These employ artificial intelligence-generated synthetic media, such as fake images, videos, or audio recordings that are indistinguishable from real ones. They can be used to impersonate people in authority within a company, such as a CEO or network administrators or even used to spread false information, which can be used for malicious purposes.

INFORMATION WARFARE

  • Information warfare is the manipulation of information trusted by a target without the target’s awareness so that the target will make decisions against their interest but in the interest of the one conducting information warfare.

o    E.g. In parallel with setting up secret military training camps, ISIL established missionary offices spreading their Salafi message in local communities as well as gathering information on all social structures. This information was utilized to target political and military opposition.

CYBER THREATS SUBVERTING THE DEMOCRACY

  • Cyber-enabled information operations are clearly of unique concern for modern democratic societies.
    • E.g. May 2014 the Russian hacker group CyberBerkut exploited cyber vulnerabilities (routers, software and hard drives) of the Ukrainian National Election Commission to undermine the credibility of the elections.

QUANTUM INFORMATION SCIENCE AND TECHNOLOGY

  • Quantum technologies can pose national security challenges. A large-scale quantum computer could potentially allow for the decryption of the most commonly used cybersecurity protocols. Thus it  put at risk the cyber infrastructure protecting today’s economic and national security communications.
  • In short, whoever wins the race for quantum computing supremacy could potentially compromise the communications of others.

BLOCKCHAIN TECHNOLOGY

  • The use of cryptocurrencies on the darknet for terror acts, drug trafficking, and other illicit activities poses a serious threat to India’s national security and a big threat to security agencies as well.
  • Cryptocurrencies have emerged as one of the most advanced methods for terror financing. And when it is transacted on the darknet through networks like TOR, Freenet, Zeronet, and Perfectdark, it becomes untraceable for security officials.

VARIOUS TYPES OF CHALLENGES FACED BY INDIA

  • Cyber-attacks on Critical infrastructure: An adversary can pressure the government to concede to its demands by threatening devastating cyber-attacks aimed at information infrastructure, such as networks governing hospitals or electricity and water supplies.
    • Chinese cyber-attacks on Indian military installations during the Pakistani retaliation to Indian Air Force’s attack on terror camps in Balakot on February 26, 2019.
  • Online radicalisation: In 2020 there were multiple reports in the media and from the NIA of suspected cases of online terrorist radicalization, particularly in southern Indian states. It leads to communalism, naxalism and separatism in the long run.
  • Electoral interference: In a way to sabotage the democratic institution 2001 parliament attack was done. However, with a hybrid war scenario, there are various threats to the election process. Election machinery could be attacked. Data could be stolen, information leaked and systems brought to a standstill. There could be hacks into databases, and cyber-attacks on election war rooms and critical Election Commission (EC) infrastructure.
  • Misinformation: various types of misinformation like international misinformation, such as visuals of Vladimir Putin in Buddhist garb generated by artificial intelligence, or communal misinformation, such as an old video presenting alleged caste atrocities being presented as a recent development has been promoting falsehoods and fuelling protests against a section of people.
  • State-sponsored cyber-attacks: India has been at the receiving end of state-sponsored terrorism (proxy war) from Pakistan and cyber threats from China. China furthers its national objectives through the use of non-contact warfare, including cyber warfare, electronic warfare, integrated network electronic warfare, information operations, and the ‘three warfare strategy’ (psychological, media, and legal warfare).
  • New forms of terrorist attacks such as ‘lone-wolf’ and ‘sleeper cells’: These attacks are extremely difficult to detect and, in most cases, the financial and ideological source remains anonymous.
  • Data Theft: It is the illegal transfer or storage of personal, confidential, or financial information.
    • Pakistan-based group Transparent Tribe has been conducting cyber-attacks against the Indian Army and the education sector. The group is believed to be attempting to obtain sensitive information via the malicious file ‘Revision of Officers posting policy’, which is disguised as a legitimate document.

MEASURES THAT HAVE BEEN TAKEN BY INDIA

FOR THE SECURITY OF DEFENCE SYSTEMS FROM CYBER THREAT

  • India has established the defence cyber and space agencies and the Armed Forces Special Operations Division.  If India were to establish integrated theatre commands, the inter-services theatre commander will need to be given autonomy to coordinate cyber and electronic warfare for greater network centricity of the tri-services down to the tactical level.

INTEGRATED THEATRE COMMANDS

  • On the recommendations of several committees like the Kargil War Committee, Naresh Chandra Committee, Shekatkar Committee etc., India will see its first Integrated Theatre Commands (ITC) in August 2023. The maritime ITC is likely to be in Karnataka and will be under naval command.

CYBERWARFARE AND DEFENCE CAPABILITIES

  • India’s structure of surveillance and monitoring cyber capabilities are decentred and characterised by multiple agencies:-
    • Central Monitoring System: Central Monitoring System (CMS) gives India’s security agencies and income tax officials centralized access to the country’s telecommunications network. It helps in the lawful interception and monitoring of communications.
    • National Technical Research Organisation (NTRO) is the lead body responsible for technical intelligence in India. The NTRO reports to the National Security Adviser and falls under the National Critical Information Infrastructure Protection Centre, which is deemed as the designated nodal agency (under Section 70A of the Information Technology Act, 2000) to protect all critical information infrastructure.
    • Defence Research and Development Organisation: Centre for Artificial Intelligence and Robotics (CAIR) is a premier laboratory of DRDO involved in Research and Development in the areas of Artificial Intelligence.
    • National Critical Information Infrastructure Protection Centre (NCIIPC): It is an organisation of the Government of India created under Section 70A of the Information Technology Act, 2000: It provides the strategic leadership to the government’s efforts to “reduce vulnerabilities against cyber terrorism, cyber warfare and other threats.
    • Computer Emergency Response Team–India (CERT–IN) is responsible for protecting all noncritical information infrastructure and collecting all reports on cyber attacks and incidents. It is also supposed to serve as the national agency for incident response under Section 70B of the Information Technology Act, of 2000.

ANTI-SATELLITE MISSILE CAPABILITY

  • In 2019, India successfully test-fired an anti-satellite missile (Mission Shakti), thereby joining a small group of countries i.e. the US, Russia and China, to possess such a capability.

THE WAY FORWARD

  • India must develop a ‘whole of government’ approach to tackle hybrid warfare threats from its adversaries. For instance, a coordinated ‘grand plan’ encompassing all ministries, can be used to address such risks.
  • India must boost the military’s capabilities (through a specialised force with appropriate skills training) to tackle hybrid threats. ISR capabilities, particularly in the space and ariel dimensions, will need to be developed further.
  • The armed forces must prioritise information warfare capabilities (including psychological operations, and electronic and cyber warfare) at all levels. It must also prepare to induct new technologies into its warfighting capacities, including artificial intelligence, and hypersonic and quantum sciences, which must be backed by adequate government support and the military’s willingness to accept indigenous products.
  • The parliamentary standing committee on finance has proposed a legislation with India’s national security considerations at the core. The chairman of the committee pointed out that terror financing using cryptos poses domestic security threats. Investors have to be watchful regarding the circumstances revolving around cryptocurrency and blockchain technology.
  • Need to include the private sector: It will help in innovating new technologies to deal with the hybrid war. As it can be seen in the Recent Ukraine Crisis, various tech giants like Google, Meta etc. helped Ukraine with their expertise.
  • International Cooperation: The need of the hour is to calibrate strategic and operational level responses by establishing an international framework to facilitate cooperation and collaboration across borders, develop institutional measures, estimate threats, upgrade the armed forces by providing training etc.
    • The Global Counter-Terrorism Programme on Autonomous and Remotely Operated Systems (AROS Programme) was created in 2021 to support member states in addressing the threat posed by drones, UAS, and other AROS.

THE CONCLUSION: Hybrid warfare can be tackled through Comprehensive National Power (CNP). CNP includes a strong economy; military strength; governance; human capital; science & technology; geography and natural resources; foreign policy and diplomacy; and, national will and conscientious leadership.  It can be developed with a multi-stakeholder approach including government agencies, the private sector and civil society. In this digital era, multidimensional hybrid war threat has to be dealt with for a comprehensive secure environment.

Mains Question:

Q.1 With the evolving nature of war, what are the key elements of Hybrid warfare and how it poses a threat to the security landscape of the country?

Q.2 Analyse the steps taken by the government to deal with the Hybrid Warfare.




TOPIC- A CRITICAL EXAMINATION OF THE MEDIATION BILL, 2021

THE CONTEXT: In the recently concluded Monsoon Session, the Parliament has passed the Mediation Bill, 2021. The Bill provides a system of mediation for improving justice delivery. This article examines the Bill critically to enable the students in developing the right perspective.

WHAT IS MEDIATION AND HOW IS IT CONDUCTED?

  • Alternate Dispute Resolution (ADR) refers to how disputes are settled outside the traditional court system. In India, modes of ADR include arbitration, negotiation, mediation, and Lok Adalats.
  • ADR mechanism is quicker, cheaper, and more user-friendly than courts. It gives people an alternative way of resolving their disputes which is not possible in a public, formal and adversarial judicial system.
  • Mediation is a voluntary process in which parties try to settle disputes with the assistance of an independent third person or the mediator. A mediator does not impose a solution on the parties but creates a conducive environment in which they can resolve their dispute.
  • The mediation process depends on the choice of parties, and there are no strict or binding rules of procedure.
  • Benefits of mediation include its voluntary and non-adversarial nature, the flexibility and confidentiality of the process, its speed and cost-effectiveness, and the finality of consensual settlements.

Existing Provisions for Mediation:

  • At present, mediation in India may be:

1. Court referred: The courts may refer cases to mediation under the Code of Civil Procedure, 1908.

2. Court Annexed mediation centres: Mediation services are provided by private ADR centres or mediation centres, as well as centres set up by courts or tribunals.

3. Private, for instance, under a contract having a mediation clause and one of the examples is International Arbitration and Mediation Centre (IAMC) in Hyderabad for resolving commercial disputes and between Government of Telangana and common public.

4. As provided under a specific statute such as the Commercial Courts Act, 2015, the Consumer Protection Act, 2019, or the Companies Act, 2013, Code of Civil Procedure, 1908, the Arbitration and Conciliation Act, 1996.

THE SALIENT FEATURES OF THE BILL

VOLUNTARY MEDIATION

  • Under this provision, mediation is a voluntary process, allowing parties to choose whether or not to pursue pre-litigation mediation for resolving their disputes.

DISPUTES NOT FIT FOR MEDIATION

  • The Bill contains a list of disputes which are not fit for mediation.
  • These include disputes:

              1. relating to claims against minors or persons of unsound mind,

             2. involving criminal prosecution, and

             3. affecting the rights of third parties.

The central government may amend this list.

APPLICABILITY

  • The Bill will apply to mediations conducted in India:

1. involving only domestic parties

          2. involving at least one foreign party and relating to a commercial dispute (i.e., international mediation)

          3. if the mediation agreement states that mediation will be as per this Bill.

  • If the central or state government is a party, the Bill will apply to:

               1. commercial disputes

               2. other disputes as notified.

TIMELY COMPLETION OF MEDIATION PROCESS

  • The mediation Bill states that proceedings must be completed within 180 days and this includes the extension period.

APPOINTMENT OF MEDIATORS

  • Mediators may be appointed by:

               1. the parties by agreement

               2. a mediation service provider (an institution administering mediation).

  • They must disclose any conflict of interest that may raise doubts on their independence.  Parties may then choose to replace the mediator.

MEDIATION COUNCIL OF INDIA

  • The Bill establishes the Mediation Council of India.
  • The Council will consist of a chairperson, two full-time members (with experience in mediation or ADR), three ex-officio members (including the Law Secretary, and the Expenditure Secretary), and a part-time member from an industry body.
  • Functions of the Council include:

              1. registering mediators

             2. recognising mediation service providers and mediation institutes

             3. grading mediation service providers

             4. laying down standards for professional conduct of mediators, mediation service providers, and mediation institutes.

FINAL AND BINDING

  • Agreements resulting from mediation (other than community mediation) will be final, binding, and enforceable in the same manner as court judgments.
  • They may be challenged on grounds of:

              1. fraud

             2. corruption

             3. impersonation

             4. relating to disputes not fit for mediation.

COMMUNITY MEDIATION

  • Community mediation aims to resolve disputes likely to affect the peace and harmony amongst residents of a locality.
  • It will be conducted by a panel of three mediators (may include persons of standing in the community, and representatives of resident welfare associations).

THE SIGNIFICANCE OF THE BILL

LEGAL RECOGNITION

  • The Bill is expected to give a legal framework to a mode of dispute resolution that has largely been informal so far.
  • The legal intervention would provide statutory recognition to mediation and enable growth of a culture of settlement of disputes, out of court.

EASE OF DOING BUSINESS AND PEACE AND HARMONY

  • Another striking feature of the Bill is community mediation that may be attempted to resolve dispute which likely to affect the peace and harmony among residents of a locality and will create conducive environment for businesses.
  • The Bill also has provisions for settlement of commercial disputes to ensure that mediators are able to handle complex commercial disputes arising out of business dealings, thereby creating confidence in the business community.
  • It not only helps in preserving the relationship amongst the parties offering ease of business but also contributing in the growth of the economy.

ENFORCE ABILITY OF AWARDS

  • The mediation Bill seeks to institutionalise mediation and provide for enforcement of settlement agreements resulting from mediation as an alternative to litigation in the courts.

CONFIDENTIALITY

  • India has a litigant society where individuals, governments and institutions resort to litigation and take even simple disputes to court.
  • In this respect, maintaining confidentiality is must, and will the Bill is non-adversarial in nature and based on consent which ensure confidentiality. Also, the process is more flexible than other resolution routes.

ADHERENCE TO INTERNATIONAL CONVENTION

  • As India is a signatory to the Singapore Convention on Mediation

(formally the United Nations Convention on International Settlement Agreements Resulting from Mediation), it is appropriate to enact a law governing domestic and international mediation.

MEDIATION AND ACCESS TO JUSTICE

As per Article 21 of the Constitution, access to justice is a constitutional right which cannot be fettered or restricted. In this respect, mediation can help promote easy and speedy justice delivery in the following ways.

COST EFFECTIVE

  • Mediation is a cost-effective dispute resolution process because it is much cheaper, it can help to curb the upward spiral of legal costs and legal aid expenditure too, which would benefit the parties and the taxpayers.

FASTER PROCESS

  • This Bill makes the process a time-bound mechanism which saves time and money of parties by bringing down the time period to 180 days in total.
  • As this process is faster than that of the courts, it reduces the burden on the courts.

LESSEN HUGE PENDENCY

  • The courts are weighed down by a huge backlog of cases and at the present pace of work, it will take decades to clear the backlog.
  • The Bill has been conceived as a help for unclogging courts reeling under massive pendency of cases by providing an institutional mechanism to promote mediation before a dispute is taken to the court.
  • The Bill also aims to reduce the burden on courts by encouraging warring parties to resolve their own disputes with the assistance of trained mediators and mediations facilitated by authorised mediation institutions

ACCESSIBLE AND AFFORDABLE

  • As, the courts are costly and time taking, many people couldn’t afford going to courts which is unfair to them. But justice is not something that belong to a class of people, it has to be accessible to all irrespective of any economic status, etc, without any discrimination.
  • The Bill has expanded the possibility of better availability and increased access to mediation.

FLEXIBLE AND RESPONSIVE

  • The mediation Bill provides for enough flexibility and is responsive for both the parties to give them opportunity to tell their part of the stories which ensures equality of justice.

 CRITICISM OF THE BILL

EXCLUSION OF GOVERNMENT

  • The Bill excludes governments which is one of the biggest litigants, from the scope of civil mediation.
  • It defeats the purpose of the Bill and governments shouldn’t get special treatment and should be treated as ordinary litigants.

EXCLUSION OF LAWS

  • The Bill excludes some laws, such as the law on Family Courts Act, 1984, The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and the Sexual Harassment of Women at Workplace Act, 2013.
  • These are disputes where sensitive relationships are involved and the adversarial processes therein may be misused.
  • Hence a choice of forum is necessary for effective justice delivery in these cases.

NO PROVISION FOR ENFORCING CERTAIN INTERNATIONAL MEDIATED SETTLEMENTS

  • The Bill will apply to international mediation only if they are conducted in India.
  • It does not provide for enforcement of settlement agreements resulting from international mediation conducted outside India.
  • It can affect India’s image in the international scenario as India being a party to Singapore convention.

LACK OF REPRESENTATION OF PRACTICING MEDIATORS IN THE COUNCIL

  • The extent of mediation competence in the Mediation Council that is to be set up is inadequate as only one member among the entire Council is compulsorily required to have the knowledge of mediation law.
  • The Mediation Council, established to regulate the profession of mediators, may not have representation of practising mediators with adequate experience.  This is unlike other professional regulators such as the Bar Council of India.

REQUIRING CENTRAL GOVERNMENT APPROVAL

  • The Mediation Council requires prior approval from the central government before issuing regulations related to its essential functions which may not be appropriate.
  • This may also be questioned since the central government may be a party to mediations.

THE WAY FORWARD

  • Need to Raise Awareness: The Mediation has to be encouraged by making people aware of its need. More mediation institutions has to be promoted as well as there can be training programmes on such mechanisms. As mediation requires a change in mindset, a good experience of mediation is the best way to convince litigants to use mediation.
  • Application of Mediation Provisions to Governments: As per former CJI N V Ramana, government forms the biggest litigant accounting for nearly 50%. Hence the exemptions given to the governments need  to be reduced to ensure the effectiveness of the mediation system.
  • Ensuring Transparency: Any mediation process must be free of extraneous pressures, just like a law court, in order to be meaningful. The process must also earn the trust of the people. Mediation will help in the future if these conditions are fulfilled.
  • Infrastructure: Enough of infrastructure should be set up at the earliest and it must be ensured that the mediation system is neutral and unbiased.
  • Proper Representation: The Mediation and Conciliation Project Committee of the Supreme Court of India describes mediation as a tried and tested alternative for conflict resolution. As Mediation is a craft and skill-based and those who have training, experience, knowledge of mediation law and autonomy are required for leadership.
  • International Scenario: The Bill needs to be in greater harmony with the Singapore Convention, which eases cross-border dispute settlement. It will benefit the country and the legal framework is necessary for ratification. Various countries including Australia, Singapore, and Italy have standalone laws on mediation where parties may withdraw from the mediation process after two sessions.

THE CONCLUSION: The statutory recognition to mediation for collaboration, dialogue, reconciliation and problem-solving is an achievement in order to enable a faster resolution of disputes. However, there are several issues and the Bill should be implemented after discussion with stakeholders.

MAINS QUESTIONS:

Q.1 What do you understand by Mediation? Do you think that the Mediation Bill 2021 can promote better access to justice and reduce pendency in judiciary? Argue.

Q.2 “The Mediation Bill 2021 aims at institutionalizing mediation in India but its implementation suffers from multiple challenges”.




TOPIC- GENERATIVE AI: A CAUSE FOR WORRY OR OPPORTUNITIES?

THE CONTEXT:  Generative AI has gained significant attention in recent years due to its potential to create novel content and assist in various creative and problem-solving tasks. However, it also raises ethical considerations, such as the potential for generating fake content or the need to ensure that generated content adheres to ethical guidelines.

WHAT IS GENERATIVE AI?

  • Generative AI (Artificial Intelligence) refers to a subset of artificial intelligence that focuses on creating, generating, or producing new content, data, or information.
  • It involves using algorithms and models to generate content that is not explicitly programmed or pre-defined by a human programmer.
  • Instead, generative AI learns patterns and characteristics from existing data and then uses that knowledge to produce new, original content.
  • One of the prominent techniques used in generative AI is the use of neural networks, particularly a class of models called Generative Adversarial Networks (GANs) and Variational Autoencoders (VAEs).
  • These models are trained on large datasets to capture the underlying patterns, structures, and features of the data. Once trained, they can generate new instances of data that resemble the patterns they’ve learned.

APPLICATION OF GENERATIVE AI 

CONTENT CREATION

  • Generating human-like text for creative writing, chatbots, automated content creation, and even code generation.
  • Generative AI can be used to compose new music or generate sounds. It can create music in various styles and even mimic the style of specific composers.

VIDEO GENERATION

  • Similar to image generation, generative AI can be used to create video content, which has applications in video game development, animation, and special effects.
  • Generative models can be used to transform the style of an existing piece of content, such as applying the artistic style of a famous painter to a photograph.

DATA AUGMENTATION

  • In machine learning, generative models can be used to augment datasets by creating new examples that are similar to the existing ones. This can help improve the performance of machine learning algorithms.

HEALTHCARE AND DRUG DISCOVERY

  • Designing new drug molecules with desired properties, aiding in drug discovery processes.
  • Generating medical images for training medical imaging algorithms and simulations.
  • Generating new clothing designs and fashion concepts and creating interior design concepts and room layouts.

GAMING AND VIRTUAL REALITY

  • Generating virtual landscapes, terrains, and game levels.
  • Creating virtual characters with unique attributes, appearances, and behaviours.

ANOMALY DETECTION

  • Creating synthetic anomalies or outliers to train anomaly detection systems and generating ad copy, slogans, and marketing content.
  • Creating new product designs and prototypes and generating synthetic data for simulations in scientific research and experimentation.

WHAT ARE THE BENEFITS OF GENERATIVE AI?

Generative AI, a subset of artificial intelligence, involves the creation of new content, data, or outputs that mimic human creativity and ingenuity. There are several benefits to using Generative AI:

PERSONALISATION

  • Generative AI can be used to personalize content for individual users. For instance, it can generate personalized product recommendations, news articles, or marketing messages based on user preferences and behaviour.

DRUG DISCOVERY AND MOLECULAR DESIGN

  • In the field of chemistry, generative models can assist in discovering new drugs or designing molecules with desired properties. This can significantly speed up the drug development process.

SIMULATION AND TRAINING

  • Generative models can generate synthetic data for simulations and training purposes. For instance, they can be used to simulate realistic environments for training autonomous vehicles or robots.

ENTERTAINMENT AND STORYTELLING

  • Generative AI can be employed to generate interactive narratives, video scripts, and other forms of entertainment, enhancing user engagement and immersion.

NATURAL LANGUAGE PROCESSING

  • Generative models in natural language processing can be used for text generation, dialogue systems, summarization, and paraphrasing.

CREATIVE ASSISTANCE

  • Generative AI tools can assist creative professionals by generating ideas, suggesting designs, or helping brainstorm new concepts. This can speed up the creative process and provide fresh perspectives.

THE IMPLICATION OF GENERATIVE AI

Generative AI has the potential to have a profound impact on society, both positive and negative.

POSITIVE IMPLICATIONS

  • Generative AI can be used to automate tasks, generate new ideas, and create personalized experiences. This can lead to increased productivity and efficiency in many industries.
  • Generative AI can be used to develop new medical treatments, create personalized learning experiences, and improve the efficiency of healthcare delivery.
  • Generative AI can be used to create new forms of art, music, and literature. This can lead to new ways of expressing ourselves and experiencing the world.
  • Generative AI can be used to solve complex problems, such as those involving climate change or poverty. This can have a positive impact on the world.

NEGATIVE IMPLICATIONS

  • Generative AI models can be biased, which can lead to the creation of discriminatory content. This is a particular concern in areas such as healthcare and education, where decisions can have a significant impact on people’s lives.
  • Generative AI can be used to create fake news and other forms of misinformation. This can have a negative impact on democracy and society.
  • Generative AI has the potential to displace some human jobs. This is a particular concern in areas such as manufacturing and customer service.
  • Generative AI models can be hacked or used to create malicious content. This could pose a security risk to individuals and organizations.

GENERATIVE AI IS A CAUSE FOR WORRY OR OPPORTUNITIES?

CAUSES FOR WORRY

Ethical Concerns: Generative AI can produce content that is biased, offensive, or harmful. If not properly controlled, it might inadvertently generate inappropriate or misleading information.

Displacement of Jobs: There is a concern that certain creative professions, like content creation, design, and even some aspects of software development, might be affected as AI becomes capable of generating similar outputs.

Intellectual Property: The ownership and copyright of content generated by AI can be complex and challenging to address. It’s not always clear who owns the rights to content created by AI systems.

Misinformation: Generative AI can potentially be used to create convincing fake content, such as deepfake videos or realistic fake news articles, which could have negative impacts on public discourse and trust.

Privacy Implications: AI systems that generate content based on user data raise privacy concerns, as they might inadvertently reveal personal information or preferences.

Dependency: Overreliance on generative AI systems might lead to a decline in human creativity and critical thinking, as well as a decreased ability to generate original content.

OPPORTUNITIES

Enhanced Creativity: Generative AI can assist human creativity by providing inspiration, generating novel ideas, and speeding up the creative process. This could lead to new forms of artistic expression and innovation.

Efficiency and Productivity: Businesses and industries can benefit from automated content creation, data augmentation, and simulation, leading to improved efficiency and reduced costs.

Scientific Advancements: In fields like drug discovery, molecular design, and simulations, generative AI can accelerate research and innovation by generating vast amounts of data and hypotheses.

Problem-Solving: Generative AI can assist in finding solutions to complex problems by generating new perspectives, alternative designs, and innovative approaches.

Accessible Creativity: Generative AI can make creative tools more accessible to individuals with limited artistic skills, democratizing the creation of art and design.

Language Translation: Generative AI has the potential to break down language barriers, enabling more effective communication and collaboration across different languages and cultures.

THE CHALLENGES OF GENERATIVE AI

Generative artificial intelligence (AI) is a type of AI that can create new content, such as images, text, and music. It is still a relatively new field of research, and there are a number of challenges that need to be addressed before it can be widely used.

DATA QUALITY AND QUANTITY

  • Generative AI models require large amounts of high-quality data to learn from. This data can be difficult and expensive to collect, and it can also be biased, which can lead to the generative AI model producing biased outputs.

MODEL PERFORMANCE AND EVALUATION

  • Generative AI models are often complex and computationally expensive to train and serve. It can be difficult to evaluate the performance of these models, and there is no single metric that can be used to measure their success.

MODEL EXPLAINABILITY AND TRUSTWORTHINESS

  • Generative AI models are often opaque and unpredictable in their behaviour and outputs. This can make it difficult to trust them and to ensure that they are not being used to generate harmful content.

BIAS

  • Generative AI models can be biased if they are trained on data that is biased. This can lead to the models generating outputs that are also biased.

SECURITY AND PRIVACY

  • Generative AI models can be used to generate sensitive content, such as images of people or text that contains personal information. This raises concerns about security and privacy.
  • Despite these challenges, generative AI is a promising field with the potential to revolutionize many industries. As the technology continues to develop, these challenges will need to be addressed in order to make generative AI more widely used and beneficial.

WHAT SHOULD BE DONE GOING AHEAD?

  • Invest in research and development: Generative AI is a rapidly evolving field, and there is still much to learn about how to develop and use it safely and effectively. More research and development is needed to improve the capabilities of generative AI and to mitigate its potential risks.
  • Develop ethical guidelines: As generative AI becomes more powerful, it is important to develop ethical guidelines for its use. These guidelines should address issues such as the use of generative AI for creating fake content, the potential for bias in generative AI models, and the impact of generative AI on human jobs.
  • Educate the public about generative AI: As generative AI becomes more widely used, it is important to educate the public about how it works and its potential benefits and risks. This education should help people to understand how to use generative AI responsibly and to be aware of its potential for harm.
  • Monitor the development and use of generative AI: As generative AI becomes more widespread, it is important to monitor its development and use. This monitoring should help to identify and address any potential risks associated with generative AI.
  • Create personalized experiences for customers: Generative AI could be used to create personalized experiences for customers, such as by generating recommendations for products or services or by creating customized content.
  • Automate complex processes: Generative AI could be used to automate complex processes, such as those involved in manufacturing, healthcare, or finance. This could free up human workers to focus on more creative and strategic tasks.
  • Generate new ideas and designs: Generative AI could be used to generate new ideas and designs, such as for products, services, or creative works. This could help businesses to innovate and stay ahead of the competition.
  • Solve complex problems: Generative AI could be used to solve complex problems, such as those involving climate change or healthcare.

THE CONCLUSION: The capabilities of AI are immense, and these capabilities also crossways with humans in numerous ways. Presently where AI is making several things for humans easier, at the same time, it is also giving tough competition to humans in other arenas. With the launch of Chat GPT and Bard IO, jobs like content writers and developers are on the verge, as AI is quicker, more accurate and cost-effective. As AI rises further, the same situation can be imagined for other sectors as well in the near future. The bane and the boon of AI depend upon the way humans take it; where the disadvantages are substantial, the advantages are also credible enough.

Mains Question

Q.1. The rise of Generative AI has made several things easier but has compromised on numerous aspects like academic integrity, and work ethics. Is the compromise justified in comparison to the benefits of Generative AI? Argue.

Q.2. Despite the revolutionary potential of Generative AI, it has raised several concerns. Examine.




TOPIC: AN ANALYSIS OF MULTIDIMENSIONAL POVERTY INDEX

THE CONTEXT: Recently NITI Aayog released the second edition of the Multidimensional Poverty Index (MPI), ‘National Multidimensional Poverty Index: A Progress of Review 2023’. India has registered a significant decline of 9.89% in a number of India’s multidimensionally poor from 24.85% in 2015-16 to 14.96% in 2019-21, as per the report.

BACKGROUND OF POVERTY ESTIMATION

  • The estimation of poverty or prosperity has received considerable institutional and academic attention over the years.
  • In India, the pioneering work was perhaps Dadabhai Naoroji’s Poverty and unBritish Rule in India. Subsequently, several experts Dandekar & Rath (1971); Alagh (1979); Lakdawala (1993); Tendulkar (2009) have all attempted to answer the question of the numbers in poverty.
  • Historically, poverty has traditionally been measured against a defined standard/level. However, the intensity of poverty can vary even within that standard, which itself is a subject of much debate.

THE MULTIDIMENSIONAL POVERTY INDEX (MPI)

  • The National Multidimensional Poverty Index is modelled on the Global Multidimensional Poverty Index, which is jointly published by the Oxford Poverty and Human Development Initiative (OPHI) and the United Nations Development Programme (UNDP).
  • The NITI Aayog is the nodal agency for the Multidimensional Poverty Index (MPI).
  • It ranks States and Union Territories based on their performance and has also constituted an inter-ministerial MPI Coordination Committee (MPICC) to consult twelve Line Ministries mapped to each National MPI indicator.
  • The National MPI Project is aimed at deconstructing the Global MPI and creating a globally aligned and yet customised India MPI for drawing up comprehensive Reform Action Plans with the larger goal of improving India’s position in the Global MPI rankings.
  • It captures overlapping deprivations in health, education and living standards and other broader qualitative aspects of life, like child mortality, housing conditions, and other basic services such as water and sanitation to ascertain multidimensional poverty.

THE METHODOLOGY

  • The index is calculated using 12 indicators gathered from the National Family Health Survey (NFHS) reports from 2015-16 and 2019-21 (one-year gap due to Covid). NFHS is conducted by the International Institute for Population Sciences (IIPS) under the Ministry of Health and Family Welfare, Government of India.
  • The Baseline Report of MPI is based on the National Family Health Survey (NFHS) 4 taken up during 2015-16 and National Family Health Survey-5 (NFHS-5) during 2019-21.
  • The National MPI measures simultaneous deprivations across three equally weighted dimensions of health, education, and standard of living that are represented by 12 sustainable development goal (SDG) aligned indicators.
  • Each of these specific parameters is assigned a value to calculate what is called a ‘deprivation score. The deprivation score is the sum of the weighted status of all the indicators for an individual if it is more than 0.33, only then an individual is considered multidimensionally poor.
  • Change in multidimensional poverty is then obtained by comparing the data from the fifth National Family Health Survey (NHFS5) (2019–21) with data from NHFS4 (2015–16).

HIGHLIGHTS OF THE NATIONAL MPI REPORT 2023

DECLINE IN POVERTY

  • India has registered a decline in the number of “multidimensionally poor” individuals, from 24.85 per cent in 2015-16 to 14.96 per cent in 2019-2021.
  • India witnessed 13.5 crore people moving out of multidimensional poverty between 2015-16 and 2019-21 due to improvements in indicators like access to cooking fuel, sanitation, drinking water, and bank accounts, among others.

SIGNIFICANT IMPROVEMENT IN INDICATORS

  • In the five years, the MPI value halved from 0.117 to 0.066 and intensity of poverty reduced from 47% to 44%, thereby setting India on the path of achieving the SDG target 1.2 (of reducing multidimensional poverty by at least half) much ahead of the stipulated timeline of 2030.
  • All 12 parameters of the MPI have shown marked improvements in the report.
  • Niti Aayog said the government’s dedicated focus on improving access to sanitation, nutrition, cooking fuel, financial inclusion, drinking water, and electricity has led to significant advancements in these areas.

MULTIDIMENSIONAL POVERTY IN STATES

  • Providing multidimensional poverty estimates for the 36 States and Union Territories, and 707 administrative districts, the report said the fastest reduction in the proportion of multidimensional poor was observed in Uttar Pradesh, Bihar, Madhya Pradesh, Odisha, and Rajasthan.
  • Bihar, Uttar Pradesh, Jharkhand, and Meghalaya made headlines for having the highest proportion of multidimensionally poor people among their respective total populations. However, these states had also shown the maximum decline in poverty.
  • On the other hand, Kerala, Goa, Tamil Nadu, Sikkim, and Punjab are the states with the lowest proportion of multidimensionally poor people as compared to their total populations.

LESS THAN 10% MULTIDIMENSIONAL POVERTY IN INDIAN STATES

  • Indian states with less than 10% multidimensional poverty doubled in 5 yrs. According to the report, in 2015-16 (NFHS-4), only seven states had less than 10 per cent of their population living in multidimensional poverty  Mizoram, Himachal Pradesh, Punjab, Sikkim, Tamil Nadu, Goa, and Kerala.
  • However, in 2019-21 (NFHS-5), the list had doubled to include 14 states, with the seven new additions being Telangana, Andhra Pradesh, Haryana, Karnataka, Maharashtra, Manipur, and Uttarakhand.
  • All of these states saw a significant reduction in poverty headcount ratio, except for Bihar; no other state in India has more than one-third of its population living in multidimensional poverty.

IMPROVEMENT IN RURAL POPULATION STANDARD OF LIVING

  • The report released has clearly indicated that the rural populace has outclassed their urban counterparts in the improvement of living standards.
  • The multidimensional poverty in the rural areas has come down to 7.51% in 2019-21 from 19.51%, a decline of 12% against just about 2.2% in urban areas. Urban poverty, which was 4.92% in 2015-16, receded to 2.73% in 2019-21.
  • The report said rural areas witnessed the fastest decline in poverty from 32.59% to 19.28%, while the urban areas saw a reduction in poverty from 8.65% to 5.27%.

COMPARATIVE ANALYSIS OF MPI OF NITI AAYOG WITH MPI OF UNDP

  • Most of the indicators used for computing global MPI by the UN and national MPI by Niti Aayog are the same. Except for the fact that Niti Aayog takes into account two more factors, e. maternal mortality and opening of the bank accounts.
  • MPI index of NITI Aayog takes into account health, education and standard of living but not income in any direct sense. Income could figure in the standard of living parameters, such as cooking fuel, sanitation, drinking water, housing, electricity and assets.
  • In this respect, Unlike the MPI of NITI Aayog, which delves more into non-income factors in poverty, the UNDP’s HDI is modelled around per capita income, life expectancy at birth and mean years of schooling with equal emphasis on each.
  • Both MPI of NITI Aayog and MPI of UNDP used NFHS-5 data. Still, there appears to be a data discrepancy between the MPI and India’s score in the UNDP’s human development index.
  • On the one hand, MPI (Multi-dimensional poverty index) poor has fallen from 24.85 per cent in 2015-16 to 14.96 per cent in 2019-21, which translates into 135 million exiting poverty so defined over this period.
  • On the other hand, the UNDP report says that although 415 million people moved out of MPI poverty between 2005-06 and 2019-21, 230 million or about 16.4 per cent of the population is still poor, an estimate slightly higher than the NITI Aayog’.

ISSUES IN THE INDEX

Even as there has been a significant reduction in the number of multidimensionally poor individuals, the index is embedded with several issues that need to be addressed.

POVERTY NOT EQUALLY REPRESENTED IN INDICATOR

  • It is worth noting that one in seven Indians continue to fall under the category of multidimensional poor primarily because poverty reduction is not equally represented in the three main indicators of standard of living, health, and education.

LACK OF IMPROVEMENT IN INDICATORS

  • Within the health category, three sub-indicators, nutrition, child and adolescent mortality, and maternal health, showed only moderate improvement.
  • Similarly, while sanitation numbers have improved, more than 30 per cent of the population is deprived when it comes to sanitation services.
  • Access to housing also remained to be an indicator where the improvement was only marginal.

ISSUE REGARDING CREDIBILITY OF DATA

  • Even members of the Economic Advisory Council to the Prime Minister have raised doubts regarding the credibility of the data.
  • According to them, the sample used in most of the surveys is incorrect since it is drawn from the dated 2011 census.
  • The members argued that recent big changes are not being captured by the samples drawn from the 2011 census.

ISSUE IN MACRO DATA

  • Macro data is already under suspicion as the largely unorganised non-agriculture sector (30 per cent of GDP and employing 48 per cent of the workforce) is not independently measured.

LEARNING GAP NOT CAPTURED

  • The Annual Status of Education Report points to a huge learning gap, but this also goes uncaptured in the report.
  • As a child may formally attend school but not effectively if the teacher is missing or hardly teaches.

RURAL-URBAN DIVIDE

  • The Niti Aayog report says that though there has been a decline in the incidence of poverty, the urban-rural divide still remains a matter of concern.
  • As the proportion of multidimensional poor was 19.28% of the Indian population, while in urban areas, it stood at 5.27% in 2019-21.

DIFFERING DATA

  • Recently, the UNDP released the global multidimensional poverty index. It also used NFHS-5 data like the NITI Aayog report.
  • However, according to the global MPI, the percentage of people living in multidimensional poverty in India is 16.4 as compared to 14.96% of the Niti Aayog.
  • A difference of 1.44% points is significant in absolute numbers considering India’s high population.

NOT USING CORRECT STANDARDS

  • Due to the absence of a consumption survey after 2012, the government is not measuring poverty properly.
  • The government of India has not been able to tell citizens the number and share of the population below the consumption poverty line, which has been the traditional method of estimating poverty globally for decades.
  • India has used consumption poverty as the measure for over four decades.

 THE WAY FORWARD

  • Conducting a timely Census: Census is a crucial exercise for better policy making, which provides correct data if a timely conducted. The government is unduly delaying the census, and there is a need to fasten the process.
  • Using Standard method: There is a need to upgrade the methodology and start using the standard method. For example, for the poor, only PPP are not relevant; they mask their true poverty. For them, the metric of the ‘nominal dollar’ is more appropriate. Thus, most of the unorganised sector is way below the poverty line. Nominal dollars (also referred to as actual dollars) represent the actual amount of money spent or earned in a given year.   Rather than employing a standard income-based approach, it uses statistics from the National Family Health Survey (NFHS) to capture the various dimensions of poverty in India.
  • Contribution towards Instituting Public Policy tool: The use of an index in establishing a public policy tool to monitor multidimensional poverty and informed, evidence-based, and targeted interventions will ensure that no one is left behind.
  • To provide an Overview of Poverty: This year’s Multidimensional Poverty Index (MPI) reminds us of the need for a complete picture of how people are being affected by poverty. There is a need to design effective responses while also allowing for more detailed and in-depth analyses of areas of interest, such as regions states, or districts, and specific sectors, to supplement existing monetary poverty statistics.
  • Contribute to the achievement of the SDGs: Properly measuring and working on the issues of poverty will help achieve the measuring progress toward Sustainable Development Goal (SDG) target 1.2, which aims to reduce “at least by half the proportion of men, women, and children of all ages living in poverty in all its dimensions.”

THE CONCLUSION: Though the recently released 2nd edition of the MPI report has shown significant improvement in its indicators which contributed to the decline in poverty. However, the conclusions of the report have several lacunae which need reinterpretation to achieve long-term SDG goals with proper policy interventions.

MAINS QUESTIONS

Q.1 Define Multidimensional Poverty. Explain the policies and initiatives taken by the government to tackle this with relevant examples.

Q.2 Despite the measures by the government, one in seven Indians are bracketed as multidimensional poor. Highlight the reasons behind this situation in India and suggest measures.




TOPIC- SHOULD THE AGE OF CONSENT BE REVISED IN INDIA?

THE CONTEXT: Recently, the Bombay High Court said that it is high time India considered reducing the age of consent for sex. The court pointed out that after the enactment of the Protection of Children from Sexual Offences (POCSO) Act, 2012; many adolescents are being prosecuted for consensual relationships with minor girls. While the Supreme Court and several High Courts have underlined concerns over the criminalization of adolescent sex, the issue of the age of consent remains much debated.  This article discusses these issues in a comprehensive manner to enable the students to develop the right perspective.

THE MEANING OF CONSENT

  •  ‘Age of consent’ refers to the legally defined age at which an individual is considered capable of granting consent for sexual activities. The age of consent was 16 prior to the enactment of the POCSO Act.

        The POCSO Act categorizes any sexual acts involving individuals under 18 as criminal offences, irrespective of whether actual consent exists between minors.

        This is based on the legal presumption that individuals below 18 are incapable of providing consent in the legal context.

  • Section 375 of the IPC defines Consent as “unequivocal,” “voluntary,” and “willing,” according to the definition, and the will must be “communicated.” It still contains the age bar of 18 years below which any act of consensual act of sexual intimacy will be treated as rape.

DEMAND FOR REDUCING THE AGE OF CONSENT

  • Does not reflect societal realities: The law is criminalising adolescent sexuality rather than focusing only on child sexual abuse. For instance:
    • The study by Enfold Proactive Health Trust, Bengaluru, found that 93.8% of “romantic cases” tried under POCSO ended in acquittals. The findings were based on an analysis of 1,715 “romantic cases” registered and decided by special courts in Assam, Maharashtra and West Bengal between 2016 and 2020.
    • The Hindu in its study based in Delhi (2013) and Mumbai (2015) found that in approximately 33 per cent and 23 per cent of the sexual assault cases involving adolescent girls respectively, the girl stated that the sexual intercourse was consensual.
    • A similar study by the National Law School of India University, Bengaluru shows that a considerable proportion of adolescent girls between 16-18 years of age refuse to testify against the accused under the POCSO Act.
  • Observations by various High Courts: Courts have underlined concerns over the criminalization of adolescent sex. For Instance:
    • In Vijayalakshmi vs State (2021) the Madras High Court stated that punishing an adolescent boy, who enters into a relationship with a minor girl by treating him as an offender, was never the objective of the POCSO Act.
    • In 2021, the Delhi High Court in AK v. State Govt of NCT of Delhi stated that the intention of POCSO was to protect children under the age of 18 years from sexual exploitation and not to criminalize romantic relationships between consenting young adults.
    • More recently in June 2023 at least three different High Courts have either quashed First Information Reports (FIRs) and pending criminal proceedings or acquitted accused persons under the Protection of Children from Sexual Offences (POCSO) Act, 2012. One High Court released the accused on bail on the grounds that the accused and victim had consensual sex.
  • The abuse of the judicial process on teenagers is also evident from the fact that between 2010 and 2013, a total of 1,728 cases were registered in Tamil Nadu, of which 1,274 cases remain pending after a decade. The Madras High Court decided to identify such cases of consensual relationships and cancel them if they impacted the future of the children involved.
  • Many societies and cultures link age for sexual consent to puberty. Traditionally, in India, sex and marriage have been considered synonymous. However, given that the age for puberty has dropped in the recent past and society has changed, there are concerns about the age for sexual consent and its implications on the health and psyche of young people. It is high time the legislature look into the grey area resulting in criminalising consensual teenage relationships.
  • Reducing the age of consent will also ensure much-needed reforms and access to sexual and reproductive health services to adolescents, along with comprehensive sex education to help them make informed decisions.
  • Several countries have taken cognisance of the peculiar reality between ‘sexual autonomy’ and ‘sexual aggression’. Germany, Italy and Hungary, for example, consider children 14 years and above to be old enough to give consent.

CASE AGAINST REDUCING THE AGE OF CONSENT

  • Around 12 lakh minor girls in India are involved in commercial sex, according to data from the Ministry of Women and Child Development. These girls know what they are doing and they depend on the sex trade for their livelihood. But doing something in a vulnerable situation due to a lack of choices is not consent. If we lower the age of consent, we cannot try the cases in which money has been exchanged for “consent”.
  • Consent is a nuanced theme. Courts ought to consider various factors, for instance, the age gap between the accused and the victim, power dynamics, caste equations etc on a case-by-case basis to assess/establish consent.
  • In December 2021, the Union Cabinet cleared a proposal to raise the legal age of marriage for women from 18 to 21 years to bring it on par with men. The government cited gender neutrality, risks of early pregnancies and overall empowerment of women as reasons to increase the age of marriage. While this proposal is pending, it is believed that lowering the age of consent may be counterproductive for women, especially for teen adults when it comes to their bio-social aspects (education, health and bodily autonomy).
  • The average conviction rate in POCSO cases across the country (between 2017 and 2019) was around 30 per cent, as per NCRB data. It would be unwise to amend the age of consent under the POCSO Act on the assumption that out of every 100 cases, only 30 were pronounced guilty.
  • As part of revamping its laws relating to sex crimes, Japan in June 2023 has raised the age of sexual consent from 13 to 16 years. This is the first time Japan has changed its age of consent since 1907 when the law was first enacted. Meanwhile, the highest age of consent is reportedly in Bahrain at 21. The protection of consenting adolescents against criminal proceedings does not necessarily mean reducing the age of consent. Necessary provisions can be included in the POCSO Act itself to protect consensual relationships.

WHETHER THE AGE SHOULD BE REVISED?

The debate on the issue of the age of consent shall not be based only on terms like law, changing society, age of maturity etc instead there is a need to take an integrated and holistic approach including autonomy. The cognitive capacity of the individual, psycho-social maturity, emotional development and economic factors shall also be considered.  Courts in India are flooded with cases on the rampant misuse of the POCSO Act in which consenting teenagers are prosecuted for romantic acts.  The rigor of POCSO has also become a tool in the hands of conservative elements including family members in order to punish the relationship outside the traditional identity norms.

However, it is also a fact that the mental and moral development of children may not be sufficient to make informed choices and consent based on free will. There is a high possibility of their decisions being based on some extraneous considerations. Also, their naivety may be taken advantage by a perpetrator. It is the responsibility of the State to safeguard the ability of persons  to take decisions and their autonomy while at the same time, it has the duty to protect them from harm. Thus a  broader debate involving the large cross-section of society is needed before deciding on the issue of the age of consent by keeping the interests of children at the centre.

THE WAY FORWARD:

  • Legal Reforms: The most common way in which legal systems around the world have sought to resolve the inconsistency in the age of consent laws is by moving from a ‘hard’ to a ‘soft’ approach, whereby a single age of consent is replaced by different ages of consent for different age groups. Such provisions are known as ‘close-in-age’ exemptions to the age of consent law.

For instance, in Canada, while the general age of consent is 16 years, a 14-year-old may legally give consent to sexual activity with a person not more than five years older in age, i.e. a person of the age 14-19.

In India, the failure of POCSO to address adolescent sexuality has also been recognised as a legal grey area by the courts. Learning from the legal interpretations around the world a progressive approach shall be reflected in the Indian laws.

  • Societal changes: Acceptance of adolescent sexuality, comprehensive sexuality education, and a supportive state apparatus are imperative for creating options for a progressive society for adolescents to enjoy healthy and informed relations.
  • Issue guidelines: Several High Courts and rights activists have opined for the amendment to the age of consent criteria and now the ball lies in the government’s court to look into the issue. Until the Parliament as the custodian of the rights of the citizens, initiates a process to address the issue, the Apex Court can provide guidelines.
  • Awareness generation: Adolescents have to be made aware of the stringent provisions of the Act and also the IPC so that they can be saved from being at odds with the law unintentionally.
  • Balanced approach: The Law Commission after the examination of various laws and the provisions therein should also try to make a balanced and progressive suggestion by accommodating the changing realities of the society as well as protecting the children against any unwarranted acts.

THE CONCLUSION: There is a compelling need for legal reform to revise the age of consent and prevent the criminalization of older adolescents engaging in consensual and non-exploitative acts. There is a need for gender awareness and sensitivity among the youth along with making necessary changes in the law to make it less rigorous and cognizant of the changed realities of societies around the world.

Mains Practice Questions:

Q.1 There is a need for legal reform to revise the age of consent and prevent the criminalization of older adolescents engaging in consensual and non-exploitative acts. Comment.

Q.2 The outcome of the interplay among law, technology and social change necessitates a relook into the fundamental assumptions about the level of psycho-social and physiological development of children. Elucidate.




TOPIC: MONSOON AND FOOD INFLATION: A CRITICAL ANALYSIS

THE CONTEXT: With erratic monsoon, a turnaround in rainfall has led to worrying trends for rising food inflation in the country. Apart from natural causes, there is a rise in artificial reasons as well, which is making the last-mile fight against inflation tougher. In this context, this article analyses the issue in detail from the UPSC perspective.

WHAT IS HAPPENING?

  • India’s retail inflation had risen to 4.8% in June on high food prices which is higher than economists’ expectations of 4.3-4.6%.
  • According to Crisil economists, food products account for a 39% weight in the inflation basket and vegetables and is the most volatile component.
  • The Consumer Food Price Index (CFPI) in June increased to 4.49% from 2.91% in May because of late rains in different parts of the country.
  • Vegetables, which have a 6% weight in the retail basket, were still in deflation in June owing to base effects, but rose 12.2% sequentially. These are affected more than cereals by extreme weather events, local supply disruptions and wastage.

  • While most economists believe the inflation rate certainly will remain sticky, it will not prompt the Reserve Bank of India (RBI) for another rate hike.
  • Despite late arrival, the monsoon staged a recovery leading to a surge in kharif crop plantings, which is likely to impact food inflation positively.
  • However, Monsoon has been normal/above-normal at an all-India level over the past four years. Predictably, foodgrain production has risen in these years. Even then, food inflation, as measured by CPI, remained above 6% in three of these four years.

WHAT IS INFLATION?

  • Inflation is the rate of increase in prices over a given period of time. It is typically a broad measure, such as the overall increase in prices or the increase in the cost of living in a country.
  • It effectively measures the change in the prices of a basket of goods and services in a year. In India, inflation is calculated by taking the WPI as a base.
  • It occurs due to an imbalance between demand and supply of money, changes in production and distribution costs or increases in taxes on products.

CAUSES OF FOOD INFLATION

DELAY IN MONSOON

  • The southwest monsoon had an abysmal start, arriving seven days late on June 8.
  • Rainfall for the country was 52.6% below the normal (long-period average) during the first two weeks, with 10.1% cumulative deficiency even at the end of June.

EL NINO CAUTION

  • There is uncertainty related to El Nino, which is known to suppress rainfall in India, where the impact can extend to the rabi season.
  • El Nino has usually led to deficient rainfall in India. Since 1991, there have been six occurrences, and rainfall was deficient in five. The last El Nino event was in 2015.
  • El Nino, which has a bearing on India’s southwest monsoon, could impact agricultural production and, in turn, may result in high food inflation.

EXTREME WEATHER EVENTS

  • Extreme weather events such as unusual rains and heat waves are growing risks.
  • Last fiscal, despite a normal monsoon, food output was hit by a heatwave in March 2022 and unseasonal rains in October 2022 and in March 2023.
  • In this fiscal so far, excess rains have already delayed sowing in the beginning of the kharif season.
  • Any more such incidents risk damaging standing crops and yields.

DOMESTIC CAUSES

  • Apart from natural causes, there are few artificial domestic causes as

1. Artificial hoarding: It is one of the significant factors that often causes inflation is hoarding by traders.

2. Macroeconomic issues in India: There are issues such as domestic policies and the lagged impact of the previous year’s production that influence final inflation outcomes.

3. The weak currency also played a role in higher inflation spikes in the past headwinds from weak external demand.

GLOBAL CAUSES

  • Few of the global causes for food inflation:

1. Volatility in global financial markets

2. Protracted geopolitical tensions due to Russia-Ukraine war

    • As until 2019-20, India was importing an average 0.2 mt of sunflower oil every month which fell to 0.15-0.16 mt led to rise in prices of edible oil.
    • Also war induced disruptions led to cut in fertilizer shipments from the world’s largest suppliers, threatening global food security.

3. Global food supply disruptions due to trade restrictions.

IMPLICATIONS OF FOOD INFLATION

IMPACT ON SOWING

  • Monsoon’s turnaround can impact kharif crop planting as the bulk of kharif sowings happen from mid-June to mid-August, and rainfall decides how much area is covered.
  • The same rain helps fill up reservoirs and ponds and recharge groundwater tables, which provide moisture for the subsequent rabi winter-spring crops.

LOW BUFFER STOCKS

  • Due to low rainfall and low crop production, there is high chances of low buffer stocks.
  • It is evident that with 71.1 million tonnes (mt) as on July 1, rice and wheat stocks in government godowns were the lowest in five years for this date while also affecting the rural economy.

IMPACT MARKET DYNAMICSIMP

  • While deciding on the monetary policy, the RBI closely monitors food inflation since it accounts for nearly half of the CPI inflation, i.e. 39 per cent of the consumer-price index.
  • In this regard, high food inflation can lead to a rise in interest rates, flattening of equity prices and hardening of bond yields.

CHALLENGES RELATED TO THE INFLATION CONTROL

SUPPLY CHAIN HURDLES

  • There are many persistent challenges in the Food Supply Chain in India, leading to mismanagement of resources and lead inflation.
  • A few of them are Farming and Labor Shortages, Lack of Traceability., Communication Breakdowns, and Poor Inventory Control.

ISSUES RELATED TO DIRECT AND INDIRECT FARM SUBSIDIES

  • Subsidies are ruined with corruption and leakages due to the presence of intermediaries.
  • For example, in PDS, the presence of ghost beneficiaries, and leakages are observed.

ISSUES RELATED TO BUFFER STOCKS AND FOOD SECURITY

  • There are issues related to warehousing, including a lack of adequate storage space and other infrastructure following the purchase.
  • This mismanagement often leads to the Wastage of food resources and threatened food security and a lack of buffer stocks.

ISSUES RELATED TO TRANSPORT AND MARKETING OF AGRICULTURAL PRODUCE

  • Poor transportation facilities and road infrastructure cause delays in the transportation of agricultural products, leading to spoilage, loss of quality, and reduced profits.
  • There are also issues in the marketing of agricultural products due to loopholes in Agricultural Produce Market Committee (APMC) system.

ISSUE IN MONETARY POLICY OF RBI

  • The primary goal of the monetary policy of RBI is to maintain price stability.
  • However, the RBI is not able to respond nimbly to growth headwinds and adverse movements in near-term inflation risks delaying the first cut.

GOVERNMENT MEASURES

PM AASHA

  • Pradhan Mantri Annadata Aay SanraksHan Abhiyan (PM AASHA) is a scheme launched by the central government in 2018 to ensure fair prices for farmers and their produce.
  • By strengthening the procurement process, the PM-AASHA scheme will improve the income of the farmers to a greater extent.

BUFFER STOCK RELEASE

  • The concept of Buffer stock was introduced by the government to reserve a commodity that is used to offset price fluctuations and unforeseen emergencies.
  • It is generally maintained for essential commodities and necessities like food grains, pulses etc.
  • At present, the Government prefers to use the term  Food grain stocking norms, which refers to the level of stock in the Central Pool that is sufficient to meet the operational requirement of food grains and exigencies at any point in time.

GOVERNMENT PROCUREMENT

  • The Food Corporation of India is a Central Government entity responsible for procuring food grains directly from the farmers and then distributing them through the PDS throughout India.
  • The government’s procurement strategy for food grains has wide aims, including providing MSP to farmers and supplying food grains to the poorer sections at reasonable costs.

EXPORT BAN

  • The concern about food inflation is evident in the pre-emptive steps the government is taking, such as banning some types of rice exports, imposing stocking limits on wheat, and market intervention to improve supplies.
  • Between May 2020 and now, the government has banned the export of wheat and all non-parboiled non-basmati rice. India, despite being the largest exporter of rice and second largest of sugar, has imposed a ban on exports of broken rice and continues curbs on wheat and sugar to ensure its food security

CURB ON ARTIFICIAL HOARDING

  • Artificial hoarding has led to recently seen high rise in tomato prices up to 200 per kg.
  • The government has already announced policies to curb artificial hoarding as it is conscious of the impact of food inflation.
  • The government imposed stock limits on wheat with immediate effect till March 2024 in a bid to check hoarding and contain rising prices.

PRICE STABLISATION FUND

  • Price Stablisation Fund was established in 2014-15 to absorb extreme volatility in selected commodity prices.
  • Such goods will be procured directly from farmers or farmers’ organisations at the farm gate/mandi, and made available to consumers at a more affordable price.

OPERATION GREENS

  • Operation Greens seeks to stabilize the supply of Tomato, Onion and Potato (TOP) crops and to ensure availability of TOP crops throughout the country round the year without price volatility.
  • It aims to enhance value realisation of TOP farmers by targeted interventions to strengthen TOP production clusters and their FPOs, and linking/connecting them with the market.

ESSENTIAL COMMODITIES ACT, 1955

  • The Act empowers the central government to control the production, supply, distribution, trade, and commerce in certain commodities.
  • It seeks to increase competition in the agriculture sector and enhance farmers’ income.
  • It aims to liberalise the regulatory system while protecting the interests of consumers.

THE WAY FORWARD

  • Reform in APMC: There is a need for reform in the existing system of APMC system with increased competition to avoid monopoly. Alternative marketing channels, such as direct selling, needed to be encouraged.
  • Supply chain management: Investments must be made to bolster infrastructure for supply chains to enable a strong supply chain management system, which would be in sync with the current global scenario with advanced track and trace technologies.
  • Fiscal Policy Interventions: Fiscal policy interventions via price stabilisation measures, such as the release of stocks, and facilitating imports, could be deployed to contain abnormal price spikes.
  • E- technology in the aid of farmers: E-Technology has the potential to improve the livelihoods of farmers and improve decision-making at farmer levels by dissemination of relevant and timely information regarding agri- inputs, suitable farming techniques, etc. This can be done through platforms such as Kisan SMS Portal, Kisan Sabha App, etc
  • Better Weather forecasts: A better mechanism to provide weather-based agro-advisories to farmers in a timely and efficient manner will be helpful. It can help limit the impact of erratic monsoons and the shadow of the El Nino weather phenomenon.
  • Enough buffer stocks: To mitigate the risk of food inflation, the Government should ensure enough buffer stocks of essential food items such as wheat and rice. The option of importing to meet any supply-demand mismatch should be kept open.
  • Crop Diversification: There is a need to shift from the regional dominance of one crop to regional production of a number of crops, to meet ever increasing demand of cereals, pulses, vegetables, fruits, oilseeds, fibres, fodder, grasses etc.
  • Climate Resilient Agriculture: There is need for climate resilient agriculture which can include developing cultivars tolerant to heat and moisture stresses, modifying crop management practices, improving water management etc.
  • Improved Price Monitoring: There is need of improved price monitoring to analyses the price situation and gives advance feedback for taking preventive measures to help policy interventions at the right time.

THE CONCLUSION: The RBI has recently said that the fight is far from over, and monetary policy has to stay the course to align inflation with the target in this last leg of a strenuous journey. Hence, a wider set of artificial factors, in addition to the monsoon’s progress, need to be taken into account to assess inflationary pressures in the economy.

MAINS QUESTIONS

Q.1 Discuss both natural and artificial causes and implications of food inflation and suggest suitable measures.

Q.2 Explain how Indian Monsoon is linked to general food prices in India. What are the measures being undertaken by the government of India to deal with food inflation?




TOPIC- EXAMINING THE POWER OF THE GOVERNOR VIS-A-VIS THE STATE BILLS

THE CONTEXT: In recent times, the problem of delay in according to assent to Bills by the Governor, passed by the legislature has become a burning issue that confronts our polity. It is quite often seen as putting down the dignity of our democracy and its constitutional fundamentals to test. This article discusses these issues in a comprehensive manner to enable the students to develop the right perspective.

ILLUSTRATION OF THE RECENT INSTANCES

  • Punjab: In July 2023, regretting the delay in signing the Sikh Gurdwaras (Amendment) Bill, 2023, the Chief Minister accused the Governor of working against the will of the people.
  • Chhattisgarh: In April 2023, the government in Chhattisgarh was at loggerheads with the governor for the delay in giving assent to a Bill which seek to increase the overall quota in government jobs and admissions to educational institutions in Chhattisgarh to 76 per cent.
  • Kerala: In September 2022, the Kerala Governor signed into law five Bills passed by the Assembly. However, he withheld assent to the remaining six Bills, putting him at odds with the government and provoking a sharp response.
  • Tamil Nadu: The T.N. Admission to Undergraduate Medical Degree Courses Bill, which the Assembly approved in September 2021, remained inacted upon by the Governor. In June 2023, in response to an RTI, it was revealed that thirteen bills passed by the Tamil Nadu legislative assembly are pending assent with the Governor.
  • Telangana: Because of the inaction of the Governor with respect to the Bills passed by the state legislature, the government had to approach the Supreme Court.

CONSTITUTIONAL PROVISIONS AND THE GOVERNOR’S POWER

ARTICLE 200 – ASSENT TO BILLS

  • According to Article 200, when a Bill passed by the Legislature of a State is presented to the Governor, he has four options available to him; giving assent, withholding assent, reserving the Bill for the consideration of the President or returning the bill to the state assembly for reconsideration.

ARTICLE: 201- BILLS RESERVED FOR CONSIDERATION

  • The Indian Constitution deals with provisions related to bills reserved for the consideration of the President.
  • When a Governor reserves a Bill for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent.
  • The President may also direct the Governor to return the Bill, where the Bill is not a Money Bill, with a message. When a Bill is so returned, the House or Houses shall reconsider it accordingly within a period of six months from the date of receipt of such message and, if the House or Houses again pass it with or without amendment, it shall be presented again to the President.
  • There is no timeframe mentioned for the above provisions.

VETO POWER OF THE GOVERNOR WITH RESPECT TO BILLS

The Governor of India enjoys absolute veto, suspensive veto (except on money bills) and the pocket veto.

  • Absolute Veto: It refers to the power of withholding his assent to a bill passed by the state legislature. The bill then ends and does not become an act.
  • Suspensive Veto: The Governor returns the bill to the state legislature for its reconsideration.
  • Pocket Veto: The constitution of India does not provide a time frame for the Governor and the Bill may be kept pending.

THE IMPLICATIONS OF DELAY IN GIVING ASSENT TO THE STATE BILLS

  • The Governor uses his powers to delay assent to the Bills passed by state assemblies for various reasons, which undermines the constitutional provisions and is against the accepted norms.
  • The Governor’s delay in giving assent to bills passed by the Assembly violates the state’s constitutional obligation and hinders the functioning of the state government and may paralyze the state administrative machinery and can further create federal challenges and parliamentary democracy.
  • When the Governor fails to make a decision on a Bill passed by the assembly, it delays the implementation of policies and laws, especially when the Bill is related to public welfare. For instance, the Bill by the Chhattisgarh government which seeks to increase the overall quota in government jobs and admissions to educational institutions was delayed assent.
  • When the Governor withholds assent, he is not bound to provide any reason for his decision. This lack of accountability undermines the principles of transparency and accountability and may give rise to questions and doubts against the Office of the Governor

WHETHER LACK OF A MANDATORY TIME FRAME TO ACT, JUSTIFY THE INACTION?

All bills passed by a state’s Legislature become laws only upon receiving the governor’s assent. Article 200 of the Constitution gives governors the power to either grant assent to a bill, reject it or reserve it for the president’s consideration in certain cases. While rejecting the bill, the governor may suggest amendments. However, the legislature is not obligated to accept these suggestions and can pass the bill again in its original form for the governor’s approval. On this occasion, the governor must either give assent or reserve it for the president’s consideration.

However, by not prescribing a time frame within which the governors must take a decision the Constitution has provided a loophole for governors to delay legislation – a manoeuvre sometimes called a pocket veto. Constitutional experts such as PDT Achary, former Lok Sabha secretary general, highlight that governors do not have the right to keep bills pending and Governors must exercise one of the options Article 200 has given them. Here it is imperative to note that sitting on the bill is not one of the options available to the Governor under Article 200.

Though the Constitution has not given any timeline for Governors to act on the Bills passed by the state legislature, because constitution makers probably didn’t find it necessary, as governors were given options to choose from, given the trend of the recent past suggests that pocket vetoes exercised by the Governors, undermine federalism to a great extend, especially in the case of Opposition-ruled states.

DISCRETIONARY POWER OF THE GOVERNOR VIS-A-VIS STATE BILLS

The Constitution makes it clear that if any question arises whether a matter falls within the governor’s discretion or not, the decision of the governor is final and the validity of anything done by him cannot be called into question on the ground that he ought or ought not to have acted in his discretion. When it comes to giving assent to the Bills passed by the state legislature, no specific discretionary power is entrusted to the Governor by the Constitution of India, and he is bound by the aid and advice of the council of ministers in this case. However, he can reserve the Bill for the consideration of the President on specific grounds which may be:

  • Against the provisions of the Constitution,
  • Opposed to the Directive Principles of the State Policy,
  • Against the larger interest of the country and
  • Dealing with the compulsory acquisition of property under the Article 31A of the Constitution.

In one case reserving the state bill for the consideration of the President is obligatory for the Governor, that is, where the Bill passed by the state legislature endangers the position of the State High Court. In Shamsher Singh vs State Of Punjab (1974) a seven-judge Constitution Bench of the Supreme Court said that the President and Governor, custodians of all executive and other powers under various Articles, shall exercise their formal constitutional powers only upon and in accordance with the advice of their Ministers save in a few well-known exceptional situations.

In the context of the above discussion, it is clear that Governor does not have any reason to delay the assent to the Bills passed by the state legislature; otherwise it brings the Cabinet system of government itself into question.

WHY ARE THE GOVERNORS NOT ACTING UPON THE BILLS?

  • The government is not providing enough information which may be required by the Governor for making wise and timely decisions.
  • Governors are apprehensive about giving assent to certain Bills as they believe them to be diminishing the authority and dignity accorded to the Office of the Governor. For instance, many states have passed Bill for replacing the Governor as the Vice-chancellor of the state universities.
  • Increasing conflicts within the federal system as in some instances the Governors seem to be taking the sides of the central government.
  • Governors who seem to be interfering with the state machinery and falling in line with the central government seek better positions at the centre; we have seen one such promotion in the recent past.

JUDICIAL OBSERVATIONS

The Supreme Court in April 2023, in the Telangana case said that Governors should as soon as possible after the bill is submitted for assent; return the bill if it is not a money Bill. The Court also said that the expression “as soon as possible” has a significance which should be borne in mind by the constitutional authorities.

The Supreme Court in the case of U.N. Rao v. Indira Gandhi (1971) held that the position of the President and that of the Governor are just titular in nature and that the real power is actually exercised by the Council of Ministers. The satisfaction of the President or the Governor in the Constitutional sense in the Cabinet system of Government, that is, the satisfaction of his Council of Ministers on whose aid and advice the President or the Governor exercises all his powers and functions.

In the case of Rai Sahib Ramjawaya v. State of Punjab (1955), it was held that the Constitution though federal in structure is modelled on the British Parliamentary system where the executive is deemed to have the primary responsibility for the formulation of governmental policy and its transmission into law. The Constitution does not aim at providing a parallel Government within the State by allowing the Governor to go against the advice of the Council of Ministers, therefore neither the President nor the Governor is to exercise executive functions at their own discretion.

THE WAY FORWARD:

  • The Governors should not overreach their authority. Being an eminent constitutional authority, it is expected that the persons holding the Office of the Governor should play by the rule book i.e. the Constitution of India.
  • The Supreme Court should set a reasonable time frame for Governors to make a decision on a Bill passed by the Assembly in the interest of federalism in the country.
  • The Sarkaria Commission (1988) was of the opinion that Article 200 did not invest the Governor with a general discretion in reserving Bills. Only in extremely rare cases should the Governor reserve a Bill in his discretion and not merely because, personally, he does not like the policy embodied in the Bill. Such recommendations shall be included in the Constitution through proper amendments.
  • The exercise of ‘discretionary powers’ by the Governors should be guided by the healthy and democratic conventions and they must act judiciously, impartially and efficiently while exercising their discretion and personal judgment.
  • The state governments should also not take an adversarial approach as it is the Governor’s duty to see that the bills passed by the state assembly must pass the muster of constitutional guidelines.
  • It is also imperative on the part of the Governor to make a decision regarding the assent to the state bills. Even in cases he thinks it fit to withhold the assent he should say so. Inaction is not an option.
  • Punchhi Commission (2010) held that if a Bill was, on reconsideration as indicated by the Governor, passed by the State legislature again, with or without amendments, the Governor is obliged to give his assent. Furthermore, it is necessary to prescribe a time limit within which the Governor should take the decision whether to grant assent or to reserve it for consideration of the President. The Governor shall also make his decision on the Bill within a maximum period of six months after submission to him.

THE CONCLUSION: In a parliamentary democracy, the Governor has no discretion to defer or delay necessary assent. Any refusal on the part of the Governor including any delay will defeat the parliamentary democracy and the will of the people. The Constitution of India envisaged a politics of social transformation through performative politics and good governance for the people through the office of the governor. It is worth noting here that in his speech on the constitutional role of Governors, Dr B.R. Ambedkar described how a Governor should use his discretion not as “representative of a party” but as “the representative of the people as a whole of the State”.

Mains Practice Questions:

Q.1 Parliamentary democracy and the cabinet form of government at the state level requires the Governor use his legislative power with respect to Bills within the limited discretion provided by the constitution. Examine in the context of recent developments.

Q.2 With its provision for definite choices, the Constitution makes it obligatory for the Governor to act without a wait. Discuss the statement in the context of recent issues with the governors indefinitely delaying their assent to the state bills.




TOPIC: FARMER WELFARE AND OPEN MARKET SALE SCHEME (OMSS)

THE CONTEXT: Recently, the Centre-State tussle over Open Market Sales Scheme was in the news when the Centre discontinued wheat and rice sales to states via Open Market Sale Scheme (OMSS). Centre is considering it as an effort to control inflationary trends and maintain adequate stock levels under the central pool while states have other views. This article analyses this issue in detail from the UPSC perspective.

HOW HAS THE CENTRE REVISED THE OMSS?

●   Recently, the Centre decided to restrict the quantity that a single bidder can purchase in a single bid under the OMSS.

●   While the maximum quantity allowed earlier was 3,000 metric tonnes (MT) per bid for a buyer, it will now range from 10-100 metric tonnes (MT).

●   As part of the revised policy, the government has decided to exclude state governments from the purview of OMSS (Domestic) following the recommendation of the Inter-Ministerial Committee (IMC) meeting held on 8 June 2023.

●  The IMC proposed discontinuing the sale of wheat and rice under OMSS (D) to state governments, except for the North-Eastern states, hilly states and states facing law and order issues or natural calamities.

Objectives of the Move:

●  The rationale given for the same is that the quantities have been reduced this time to accommodate more small and marginal buyers and to ensure wider reach of the scheme, and this move will allow the supplies to the general public immediately.

●  The objective behind the move is also to curb retail prices, as allowing smaller bids should ideally break the monopolies of bulk buyers, allowing more competitive bids by small buyers.

●  It aims to control inflationary trends and to maintain adequate stock levels under a central pool for distribution under the National Food Security Act and other welfare schemes.

Reasons for the Move:

●  Due to global supply chain shocks like the Russia-Ukraine conflict hampered production at home, and retail food inflation has risen sharply.

●  It aims to maintain adequate buffer stock and control price rise amid concerns that the kharif crop is being impacted due to an expected shortfall in monsoon rains due to El Nino.

●  The Centre said that in recent years, production of agricultural crops was affected due to untimely rains, a rise in temperature in the month of March and so on.

●  Another reason for the move is to meet the FCI’s food security obligations, as FCI is obliged to release its stocks “judicious manner under the OMSS (D)” so that the overall stock position is maintained at a comfortable level”.

●  FCI stated that the Centre was already meeting its obligations to distribute grains to 80 crore marginalised beneficiaries under the NFSA and also had an obligation to the 60 crore common consumers who are affected by retail prices.

EFFECTS OF THIS STEP: (STATE’S RESPONSE)

●  Under the OMSS, the FCI sells excess rice and wheat to bulk buyers, traders, and States to moderate market prices and to enhance supply during lean seasons. Over 6,800 thousand metric tonnes of rice were sold through the OMSS in the past eight years. Karnataka bought 30% of it, the highest among all states.

●  States have been looking at alternative ways of procuring wheat and rice in the aftermath of the FCI quantity restrictions, followed by the refusal to allow states to procure the two food grains through its OMSS.

●  Opposition-ruled States such as Karnataka and Tamil Nadu have criticised the government for engaging in “politics” at the expense of marginalised beneficiaries of state welfare schemes.

●  Karnataka: The government in Karnataka announced that being unable to procure enough rice in the market at a reasonable cost in time to meet the needs of the Anna Bhagya scheme, it had decided to temporarily give cash to the beneficiaries in lieu of the promised five kg of free rice.

●  Tamil Nadu: The government in Tamil Nadu had also raised concerns about bringing restrictions to the purchase of States from the FCI. The state government has sought alternative sources to purchase 50,000 tonnes of rice. The state used to buy rice through the scheme and then subsidize it for ration card holders.

THE OPEN MARKET SALE SCHEME (OMSS)

●  It refers to the selling of foodgrains by Government/Government agencies at predetermined prices in the open market from time to time.

●  It enhances the supply of grains, especially during the lean season, to moderate the general open market prices, especially in the deficit regions.

●  For transparency in operations, the Corporation has switched over to e-auction for sale under Open Market Sale Scheme (Domestic).

●  The FCI conducts a weekly auction to conduct this scheme in the open market using the platform of commodity exchange NCDEX (National Commodity and Derivatives Exchange Limited).

●  The State Governments/ Union Territory Administrations are also allowed to participate in the e-auction if they require wheat and rice outside Targeted Public Distribution System (TPDS) and Other Welfare Schemes (OWS)

●  The present form of OMSS comprises 3 schemes as under:

(i)     Sale of wheat to bulk consumers/private traders through e-auction.

(ii)    Sale of wheat to bulk consumers/private traders through e-auction by dedicated movement.

(iii)   Sale of Raw Rice Grade ‘A’ to bulk consumers/private traders through e-auction.

How does the Scheme work?

●  Firstly, the procurement of food grains like wheat and paddy for the central pool happens in Rabi and Kharif marketing seasons by the FCI and State corporations.

●  It happens according to procurement estimates finalized by the government of India before the seasons. These purchases happen as per the Minimum Support Price.

●  From the central pool, the government has to set aside wheat and rice for the 80 crore beneficiaries of free foodgrains under the National Food Security Act (NFSA), maintain a buffer stock, and have a marketable surplus.

●  Under the Open Market Sale Scheme, the FCI, from time to time, sells surplus food grains from the central pool, especially wheat and rice, in the open market to traders, bulk consumers, retail chains and so on at pre-determined prices.

●  The Corporation does this through e-auctions where open market bidders can buy specified quantities at the prices set at the start of a cycle and revised routinely.

MINIMUM SUPPORT PRICE (MSP)

●  It is a form of market intervention by the Government of India to insure agricultural producers against any sharp fall in farm prices.

● The minimum support prices are announced by the Government of India at the beginning of the sowing season for certain crops on the basis of the recommendations of the Commission for Agricultural Costs and Prices (CACP).

●  MSP is a price fixed by the Government of India to protect the producer – farmers – against excessive falls in price during bumper production years.

●  The Cabinet Committee on Economic Affairs (CCEA) of the Union government takes a final decision on the level of MSPs and other recommendations made by the CACP.

●  In formulating the recommendations in respect of the level of minimum support prices and other non-price measures, the Commission takes into account, apart from a comprehensive view of the entire structure of the economy of a particular commodity or group of commodities, the following factors:-

ü  Cost of production

ü  Changes in input prices

ü  Input-output price parity

ü  Trends in market prices

ü  Demand and supply

ü  Inter-crop price parity

ü  Effect on industrial cost structure

ü  Effect on cost of living

ü  Effect on general price level

ü  International price situation

ü  Parity between prices paid and prices received by the farmers.

ü  Effect on issue prices and implications for subsidy

The government announces minimum support prices (MSPs) for 22 mandated crops and fair and remunerative prices (FRP) for sugarcane. The mandated crops are 14 crops of the kharif season, 6 rabi crops and two other commercial crops.

In addition, the MSPs of toria and de-husked coconut are fixed on the basis of the MSPs of rapeseed/mustard and copra, respectively. The list of crops is as follows:

●  Cereals (7) – paddy, wheat, barley, jowar, bajra, maize and ragi

●  Pulses (5) – gram, arhar/tur, moong, urad and lentil

●  Oilseeds (8) – groundnut, rapeseed/mustard, toria, soybean, sunflower seed, sesamum, safflower seed and nigerseed

●  Raw cotton

●  Raw jute

●  Copra

●  De-husked coconut

●  Sugarcane (Fair and remunerative price)

●  Virginia flu cured (VFC) tobacco.

Three Kinds of Production Cost:

The CACP projects three kinds of production costs for every crop, both at state and all-India average levels.

1.    A2 covers all paid-out costs directly incurred by the farmers in cash and kind on seeds, fertilisers, pesticides, hired labour, leased-in land, fuel, irrigation, etc.

2.    A2+FL includes A2 plus an imputed value of unpaid family labour.

3.    C2 is a more comprehensive cost that factors in rentals and interest forgone on owned land and fixed capital assets, respectively, on top of A2+FL.

●     CACP considers both A2+FL and C2 costs while recommending MSP, while it reckons only A2+FL cost for return.

●     C2 costs are used by CACP as benchmark opportunity costs to check if the MSPs recommended by them at least cover these costs in some of the major producing states.

●     The CACP’s Price Policy report stated that its MSP recommendation was based on 1.5 times the A2+FL costs.

●     The 1.5-times MSP formula was originally recommended by the National Commission for Farmers headed by agricultural scientist M S Swaminathan.

●     Some farmers and farmers’ organizations have been agitating and making certain demands like an increase in MSP for agricultural crops on the basis of the C2 system.

BENEFITS OF OMSS

MANAGING SURPLUS

●     The OMSS enables the Food Corporation of India (FCI) to effectively manage surplus food grains from the central pool.

●     By selling these surplus grains in the open market, the FCI can prevent wastage and maintain optimal stock levels.

ENSURING PRICE STABILITY

●     The OMSS plays an important role in maintaining price stability in the market.

●     By periodically selling surplus grains at pre-determined prices, it helps regulate food grain prices, preventing excessive fluctuations.

CONCERNS OF SMALL AND MARGINAL FARMERS

●     The recent revisions in the OMSS are aimed to accommodate more small and marginal buyers.

●     This will empower small and marginal farmers in their growth and sustainability and promote inclusivity.

ADDRESS MARKET COMPETITION

●     The OMSS promotes market competition by allowing various entities, including traders, bulk consumers, and retail chains, to participate in e-auctions and purchase food grains.

●     This diversifies the buyer base and prevents monopolistic practices, fostering fair market competition.

ADDITIONAL PROCUREMENT AVENUE FOR STATES

●     States in India can procure food grains through the OMSS beyond their allocated quantities from the central pool.

●     It allows states to supplement their allocations and ensure the availability of essential food grains for marginalized beneficiaries.

CHALLENGES FACED BY OMSS

LOW DEMAND FROM BUYERS

●     The OMSS faces a challenge of low demand from buyers, primarily because of the high reserve prices set by the FCI.

●     These reserve prices, which include various costs like procurement, storage, transportation, and handling charges, are often higher than the prevailing market prices.

LOGISTICAL ISSUES

●     There is a challenge of logistic hurdles like transportation, handling, and quality issues of food grains.

●     These challenges result in delays or untimely delivery of food grains affecting marginalized communities and the wastage of food.

LIMITED IMPACT ON MARKET PRICE STABILIZATION

●    The OMSS has a limited impact on stabilizing market prices as it represents only a small share of the overall food grain supply and demand in the country.

●    The FCI sells only a fraction of its total stocks through the OMSS, while the majority is distributed through the Targeted Public Distribution System (TPDS) and other welfare schemes (OWS).

STRUCTURAL ISSUES

●     It fails to adequately address the structural problems associated with food grain management, including procurement, distribution, and buffer stocking policies.

●     There is a need for reforms in these areas to ensure food security as it leads to high carrying costs.

ISSUE OF FEDERALISM

●     The issue of OMSS also opens up another conflict in federal relations.

●     This can have a complicated impact on central state relations which needs to be addressed.

THE WAY FORWARD

●   Stakeholder Consultation: Both the Centre and State governments should collaborate with relevant stakeholders to understand the diverse perspectives and concerns related to the OMSS.

●   Review and Reconsideration of Changes: The Centre should review and reconsider the recent changes made to the OMSS, taking into account the feedback and concerns raised by states.

●  Transparency and Accountability: There should be clear guidelines for transparent processes and timely information regarding the e-auctions, pricing, and availability of food grains through the scheme.

●  Strengthening State-Level Procurement: Alongside the OMSS, efforts should be made to strengthen state-level procurement mechanisms for food grains. This will enable states to meet their requirements for welfare schemes more effectively and reduce their dependence on central schemes like the OMSS.

●  Monitoring and Evaluation: Regular monitoring and evaluation of the OMSS and its impact on food security outcomes are essential. This will help identify any shortcomings, assess the effectiveness of the scheme, and make necessary adjustments to improve its functioning.

●  Implementing various committee recommendation: The government has framed various policies as National Policy for Farmers (NPF), 2007 and formed various committees in the past as Justice Wadhwa Committee and Shanta Kumar Committee, for reforms in the agriculture sector which needs to be effectively implemented.

THE CONCLUSION: Both Centre and State need to take each other concerns into consideration and should work in collaboration with other stakeholders to ensure a regular supply of essential food grains to those in need by prioritizing the welfare of vulnerable sections of society and at the same time, with a focus on curbing inflation.

MAINS QUESTION

1. What is an Open market Sales Scheme, and how is it conducted? How far has it been successful in ensuring food security in the country?

2. Comment upon the recent changes initiated by the central government in relation to the open market sale scheme. Why are some states opposing them? What according to you must be done to address the implementation challenges of the scheme?

Additional information:

JUSTICE WADHWA COMMITTEE

Supreme Court constituted the Wadhwa committee in 2006 by an order passed in a writ petition to check maladies affecting the proper functioning of PDS and also to suggest remedial measures.

The Recommendations are as Follows:

●     Computerization of PDS operations.

●     Identify the exact quantity of poor families living below the poverty line to affect the profit to the real beneficiary so that they can get their due entitled means at a fixed price and quantity in a fixed period.

●     Distribution on minimum rate.

●     Food security to increase nutrition, especially in malnutrition areas.

●     There should be a zero tolerance approach as there are more leakages and maladministration.

●     There is a need to enforce strict monitory measures as the system lacks transparency and accountability.

SHANTA KUMAR COMMITTEE

It was set up by the Government in 2014 to make the entire food grain management system more efficient by reorienting the role of FCI in MSP operations, procurement, storage and distribution of grains under Targeted Public Distribution System (TPDS).

The Recommendations are as Follows:

●     On procurement-related issues:  It recommends that FCI hand over all procurement operations of wheat, paddy and rice to states that have gained sufficient experience in this regard and have created the reasonable infrastructure for procurement.

●    Negotiable warehouse receipt system: NWRs should be taken up as a priority and scaled up quickly. Under this system, farmers can deposit their produce to the registered warehouses and can sell later when they feel prices are good for them.

●    On PDS and NFSA-related issues: It recommends that given that leakage in PDS range from 40 to 50 per cent, GoI should defer implementation of NFSA in states that have not done end-to-end computerization.

●  On stocking and movement-related issues: It recommends that FCI should outsource its stocking operations to various agencies, such as Central Warehousing Corporation, State Warehousing Corporation etc, on a competitive bidding basis.

●   On Buffer Stocking Operations and Liquidation Policy: It recommends for transparent liquidation policy, which should automatically kick in when FCI is faced with surplus stocks than buffer norms. Greater flexibility to FCI with business orientation to operate in OMSS and export markets is needed.

NATIONAL POLICY FOR FARMERS (NPF), 2007

●     It aims to improve the economic viability of farming and increase the net income of farmers.

●     Many of the existing Schemes/Programs being implemented by Central and State Governments are as per the provisions of NPF, 2007.

Some of the Policy Provisions in NPF-2007 Include:

●     Asset reforms in respect of land, water, livestock, fisheries and bio-resources

●     Supply of good quality seeds and disease-free planting material

●     Issue of soil health passbooks to the farmers and integrated pest management system

●     Region and crop-specific implements and machinery; support services for women

●     Timely, adequate and easy reach of institutional credit at reasonable interest rates and farmer-friendly insurance instruments

●     Support services and inputs like application of frontier technologies

●     Effective implementation of Minimum Support Price (MSP) across the country and establishing community foodgrain banks

●     Curriculum reforms in agricultural universities




TOPIC- A FRIEND IN NEED IS A FRIEND INDEED: ANALYSING THE VISIT OF THE SRI LANKAN PRESIDENT TO INDIA

THE CONTEXT: Recently, the Sri Lankan President visited India at the invitation of PM Modi. During the visit, both Prime Ministers’ signed different agreements and MoUs in various arenas. They discussed a range of issues of mutual interest, including economic cooperation, energy security, and connectivity. This article analyses the scope of relations between India and Srilanka and also tries to give an overall perspective for a holistic understanding of the matter.

A BIRD’S EYE VIEW OF THE VISIT

  • Sri Lankan President’s Visit to India:
    • The visit took place from July 20-21, 2023.
    • The President of Sri Lanka, Ranil Wickremesinghe, was invited by the Prime Minister of India, Narendra Modi.
    • Aim: The visit was aimed at further advancing and consolidating the long-standing bilateral relations between the two countries.
    • Course: During the visit, President Wickremesinghe met with President Droupadi Murmu and Prime Minister Modi.
  • Result and Agreement signed: The two sides also signed several agreements.
    • Joint Declaration of Intent on Animal Husbandry and Dairying.
    • Memorandum of Understanding on Cooperation in the Field of Renewable Energy.
    • Memorandum of Cooperation for Economic Development Projects in the Trincomalee District of Sri Lanka.

AN OVERVIEW OF THE AGREEMENTS SIGNED

Joint Declaration of Intent on Animal Husbandry and Dairying

●   The JDI outlines a shared commitment between the two countries to improve the quality of dairy products in Sri Lanka, achieve self-sufficiency in milk production, and boost the income of small-scale dairy farmers.

●   Through knowledge sharing, technical assistance, and capacity-building initiatives, India will assist Sri Lanka in developing sustainable dairy practices and modernising its dairy infrastructure.

Memorandum of Understanding on Cooperation in the Field of Renewable Energy

●   Through knowledge sharing, technical assistance, and capacity-building initiatives, India will assist Sri Lanka in developing its renewable energy sector.

●   The MoU is a significant step in the long-standing cooperation between India and Sri Lanka in the field of renewable energy.

●   India is one of the world’s leading producers of renewable energy, and it has a wealth of expertise and experience in this sector.

●   Sri Lanka, on the other hand, has a strong potential to become a major producer of renewable energy in the region.

Memorandum of Cooperation for Economic Development Projects in the Trincomalee District of Sri Lanka

●  The MoC outlines a shared commitment between the two countries to develop the Trincomalee district through economic cooperation. The MoC covers a wide range of areas of cooperation, including:

ü  Infrastructure development,

ü  Industrial development

ü  Tourism development,

ü  Agriculture development,

ü  Human resource development

Expanding the scope of Connectivity

Air- Chennai to Jaffna

Maritime-Ferry service from Nagapatanam to Kankeshanthurai.

People to People- Landbridge to Trincomalee

Energy and power-grid connectivity, petroleum pipeline

Finance- UPI interface. etc.

THE POSSIBLE IMPACTS OF THE AGREEMENTS

The Joint Declaration of Intent on Animal Husbandry and Dairying

  • It is expected to help the two countries to improve their cooperation in the areas of animal breeding, milk production, and dairy processing.
  • This could lead to increased trade and investment between the two countries, as well as improved food security for both countries.
  • The JDI is expected to help Sri Lanka achieve its goal of self-sufficiency in milk production.
  • It is also expected to boost the income of small-scale dairy farmers, which will help to reduce poverty and improve rural livelihoods.

The Memorandum of Understanding on Cooperation in the Field of Renewable Energy

  • It is expected to help the two countries to develop renewable energy projects, such as solar and wind power plants.
  • This could help to reduce the two countries’ reliance on imported fossil fuels, and it could also create jobs in the renewable energy sector.

The Memorandum of Cooperation for Economic Development Projects in the Trincomalee District of Sri Lanka

  • It is expected to help to boost economic development in the Trincomalee district. The district has a strategic location in the Indian Ocean, and it has a strong potential for economic development.

Multi-modal Connectivity

It can revolutionize the bilateral relations between the two countries and promote sustainable growth and development, along with providing strategic depth to India.

  • Sri Lankan Economic Crisis
    • In September 2021, the government announced an economic emergency, as the situation was further aggravated by the falling national currency exchange rate, inflation rising as a result of high food prices, and pandemic restrictions in tourism, which further decreased the country’s income.[50] This drove Sri Lanka to the brink of bankruptcy due to foreign reserves falling to $1.9 billion as of March 2022, this being insufficient to pay the foreign debt obligations of $4 billion and an International Sovereign Bond (ISB) payment of $1 billion for the year 2022.[33] The national inflation rate increased to 17.5% in February 2022, according to the National Consumer Price Index.
    • The government repaid $500 million in International Sovereign Bonds, which was due in January 2022, despite growing opposition coming from economic analysts and experts who all advised the government to postpone the ISB payment in order to preserve the foreign reserves.
    • On 12 April 2022, Sri Lanka announced that it would be defaulting on its external debt of $51 billion.

THE ISSUES BETWEEN INDIA AND SRI LANKA

THE TAMIL QUESTION

●  India wants the proper implementation of the 13th Amendment, signed in 1987 for solving the Tamil issues in Srilanka.

●  However, the domestic politics of Srilanka coupled with the Sinhala-Buddhist resistance have been stumbling blocks.

FISHERMEN DISPUTE

●  The issue is related to the trespassing of Indian fishermen into the Srilankan waters and the ceding of Kachattevu island by the Indian government.

●  Despite the signing of the maritime boundary agreements between the two countries, the conflicts have not subsided.

●  The end of the civil war in Srilanka has further increased the instances of confrontation between the Indian fishermen and the Srilankan Navy. ( see additional information for details)

SRI LANKA AND THE CHINESE ANGLE

●   One of the key drivers of China’s involvement in Sri Lanka is its Belt and Road Initiative (BRI), which is a key country along the maritime route of the BRI.

●   The port of Hambantota was developed with Chinese investment and has been leased to China for 99 years.

●   The port is strategically located on the Indian Ocean and is seen as an important point along the BRI maritime route.

●   China is one of Sri Lanka’s largest trading partners, with bilateral trade between the two countries valued at over $3 billion in 2019.

●   The Chinese expansive engagement with Srilanka poses serious security concerns for India in the Indian Ocean region.

AREAS OF COOPERATION BETWEEN BOTH COUNTRIES

DEFENCE AND SECURITY

●  India and Sri Lanka cooperate closely on defence and security matters, with India providing training and equipment to Sri Lankan security forces.

CULTURAL EXCHANGE

●  The two countries have a rich cultural heritage and promote cultural exchange through various programs and initiatives.

INFRASTRUCTURE DEVELOPMENT

●  India has been assisting Sri Lanka in infrastructure development, including the construction of ports, airports, and power plants.

EDUCATION

●  India and Sri Lanka have strong educational ties, with many Sri Lankan students studying in India. India also supports capacity-building programs for Sri Lankan educators.

AGRICULTURE

●  India and Sri Lanka have been working together to improve agricultural productivity and rural livelihoods in Sri Lanka.

HEALTH

●  India and Sri Lanka cooperate on health issues, with India providing technical and financial assistance for health sector development in Sri Lanka.

MULTI-MODAL CONNECTIVITY

●  The recent visit of the Srilankan President saw the signing of many  agreements which expanded the scope of connectivity projects between the two countries.

FUTURE OF INDIA-SRI LANKA RELATIONS

  • The future prospects of India-Sri Lanka relations are bright. The two countries have a shared history, culture, and religion, and they are committed to working together to address shared challenges. In recent years, the relationship has been marked by close cooperation in a number of areas, including trade, investment, security, and development.
  • There are a number of factors that will shape the future of India-Sri Lanka relations. These include the following:
    • The economic situation in both countries: If the economies of India and Sri Lanka continue to grow, it will create opportunities for increased trade and investment between the two countries.
    • The political situation in both countries: If the political situations in India and Sri Lanka remain stable, it will create a favourable environment for continued cooperation between the two countries.
    • The security situation in the region: If the security situation in the region remains stable, it will create a more conducive environment for increased cooperation between India and Sri Lanka.
  • In addition to the above, there are a number of other factors that could contribute to the future development of India-Sri Lanka relations. These include:
    • The rise of China in the region: As China’s influence in the region grows, India and Sri Lanka will need to work together to ensure that their interests are not compromised.
    • The development of the Indian Ocean as a major maritime trade route: The Indian Ocean is becoming increasingly important as a maritime trade route. India and Sri Lanka could cooperate to develop the region’s infrastructure and promote trade.
    • The challenges of climate change: Climate change is a major challenge that both India and Sri Lanka face. The two countries could work together to develop adaptation and mitigation strategies.
  • Overall, the future of India-Sri Lanka relations is bright. The two countries have a strong foundation for cooperation, and they are committed to working together to address shared challenges. If the factors mentioned above continue to be favourable, the relationship between India and Sri Lanka is likely to continue to grow and strengthen in the years to come.

THE WAY FORWARD

  • Deepening economic cooperation: India and Sri Lanka have a natural economic complementarity, with India being a major industrial power and Sri Lanka being a major tourist destination. By deepening their economic cooperation, the two countries could create jobs, boost trade, and improve the lives of their people.
  • Strengthening security cooperation: India and Sri Lanka share a long border, and they are both facing the threat of terrorism. By strengthening their security cooperation, the two countries could better protect their borders and their people.
  • Working together to address regional challenges: India and Sri Lanka are both located in a region that is facing a number of challenges, including climate change, disaster management, and migration. By working together to address these challenges, the two countries could make a significant contribution to regional stability.
  • Increasing cultural and people-to-people exchanges: India and Sri Lanka have a rich shared culture, and their people have strong historical ties. By increasing cultural and people-to-people exchanges, the two countries could strengthen their ties and build a more positive future for their people.
  • Strengthening political and diplomatic ties: India and Sri Lanka are both important countries in the region, and they have a shared interest in maintaining regional stability. By strengthening their political and diplomatic ties, the two countries could work together to address common challenges and promote regional cooperation.

THE CONCLUSION: India and Sri Lanka have a long-standing and close relationship, marked by strong cultural, historical, and economic ties. While there have been challenges in the relationship, both India and Sri Lanka remain committed to working together to deepen their relationship further and to promote mutual interests. The close relationship between India and Sri Lanka is a testament to the strong ties that exist between the two countries and the potential for further cooperation in the future.

Mains Question:

1. “A Sri Lanka under the sphere of influence of  China is a bigger threat than China itself in the Indian Ocean Region.” Critically examine the statement in the context of current developments. 

2. “ The recent visit of the President of Sri Lanka to India has not only reinforced its special place in India’s Neighborhood First Policy but also opened up avenues for newer areas of cooperation and engagement”.

ADDITIONAL INFORMATION

●        Evolution of India-Srilanka Relation:

ü  Ancient and Medieval Times (Historical Ties): India and Sri Lanka have shared cultural and historical ties dating back to ancient times. Buddhism, which originated in India, spread to Sri Lanka, fostering close connections between the two nations. Trade and cultural exchanges flourished during this period.

ü  Colonial Era and Post-Independence (20th Century): Both India and Sri Lanka were under British colonial rule, which facilitated interactions between the two countries. India gained independence in 1947, followed by Sri Lanka in 1948. This newfound sovereignty allowed them to establish diplomatic relations as two independent nations.

ü  Bilateral Cooperation and Assistance (1950s-1970s): In the early years after Sri Lanka’s independence, the two countries maintained friendly relations. India provided development assistance, including infrastructure projects and trade cooperation. The Bandaranaike-Chelvanayakam Pact of 1957 aimed to address the concerns of Sri Lanka’s Tamil minority, with India playing a supportive role.

ü  Ethnic Conflict and Peacekeeping (1980s-1990s): The ethnic conflict between the Sinhalese majority and the Tamil minority in Sri Lanka escalated in the 1980s. India’s involvement intensified with the Indian Peacekeeping Force (IPKF) intervention in 1987 under the terms of the Indo-Sri Lanka Accord. However, this intervention faced significant challenges and eventually ended in 1990.

ü  Post-Conflict Engagement (2000s): The Sri Lankan civil war concluded in 2009 with the defeat of the Liberation Tigers of Tamil Eelam (LTTE). India expressed support for a peaceful and politically negotiated solution to the ethnic issue. Bilateral relations improved after the end of the conflict, with a focus on trade, economic cooperation, and cultural ties.

ü  China’s Influence and Diplomatic Balancing (2010s): Sri Lanka’s increased engagement with China, particularly in terms of infrastructure development projects, raised concerns in India due to strategic considerations. India aimed to maintain its influence in the region and initiated various development projects in Sri Lanka to counterbalance China’s influence.

ü  Recent Developments (2020s): In recent years, India-Sri Lanka relations have continued to evolve, with an emphasis on economic cooperation, trade, and people-to-people contacts. Both countries have worked together on various regional and international platforms, including the Indian Ocean Rim Association (IORA) and the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC).

●        India’s Involvement in Sri Lankan Civil War

ü  Diplomatic involvement: India attempted to mediate the conflict through diplomatic efforts. In 1987, India signed the Indo-Sri Lankan Accord, which aimed to resolve the conflict through the devolution of power to the Tamils and the disarming of the LTTE. However, the Accord was not implemented, and the situation deteriorated, leading to the Indian Peace Keeping Force (IPKF) intervention.

ü  Military involvement: In 1987, India intervened militarily in the conflict, deploying the Indian Peace Keeping Force (IPKF) to Sri Lanka. The IPKF was initially welcomed by Tamils, but its heavy-handed tactics soon led to resentment and the IPKF became embroiled in a war with the LTTE. India withdrew its troops from Sri Lanka in 1990 after suffering heavy casualties.

Fishermen Dispute:

●   Indian and Sri Lankan fishermen have been fishing in Palk Bay for centuries, but issues between the nations arose after the Sri Lankan Civil War broke out in 1983.

● The situation altered when India and Sri Lanka signed four Maritime Boundary Agreements between 1974 and 1976, which delineated their different understandings of the two nations’ international maritime boundary.

●   The goal behind these agreements was to make law enforcement and resource management in the Palk Strait easier.

●   The Indian government transferred Katchatheevu Island to Sri Lanka without consulting the Tamil Nadu state government under the accords.

●   Since then, Indian fishermen have only been permitted “access” to the island for the purpose of resting, drying nets, and attending the annual St. Anthony’s festival, not fishing.

●   Despite the accords, there is no clearly defined maritime boundary between the two nations, causing Indian fishermen to enter Sri Lankan seas in pursuit of a greater catch.

●   Between 1983 and 2009, Indian fishermen enjoyed better access to the rich Sri Lankan seas since the Palk Strait’s maritime boundary was not closely monitored.

●  Fish and aquatic life on the Indian continental shelf have been decimated in recent decades. As a result, more fishermen enter Sri Lankan seas and utilise new fishing trolleys, which Lankan fishermen cannot match.

●   During the LTTE era, Indian fishermen perceived a great business opportunity since the Sri Lankan government had prohibited the easy movement of Sri Lankan fishermen in waterways due to war actions.

●   Since 2009, the Sri Lankan navy has increased monitoring along its northern maritime border in order to prevent the return of Tamil militants.

●  Since the end of the LTTE war in 2010, there has been a comeback of Sri Lankan fishermen in Palk Bay. They were attempting to retake their legitimately lost base and were embroiled in warfare as a result.

●  As a result, the frequency of arrests of Indian fishermen has increased. Sri Lankan officials maintain that they are only safeguarding the country’s marine borders from poaching and ensuring the livelihood of Sri Lankan fishermen.




TOPIC: INDIA –SAUDI ARABIA BILATERAL RELATIONS

THE CONTEXT: India and Saudi Arabia recently held the first summit-level meeting of the Strategic Partnership Council (SPC) which has strengthened and deepened their bilateral relations. The meeting was held on the sidelines of the G-20 summit held in India. In this context, this article analyses the significance of the SPC and the various aspects of the India-Saudi bilateral relations.

The Background: The pact to establish the Strategic Partnership Council (SPC) was signed during PM Modi’s visit to Saudi Arabia in October 2019. It essentially aimed to establish a high-level council to steer the Indo-Saudi relationship. New Delhi envisaged that the SPC would begin a new era of cooperation across sectors such as trade, investment, security and defence cooperation.

The SPC has two main pillars:

1. Committee on Political, Security, Social and Cultural Cooperation; and

2. Committee on Economy and Investments

Both sub-committees have four functional levels of engagement:

1. Summit level (Prime Minister & Crown Prince);

2. Ministerial-level;

3. Senior Officials’ Meetings; and

4. Joint Working Groups (JWGs)

Four JWGs have been formed under each sub-committee:

The JWGs under the Political Committee are Political & Consular, Legal & Security; Social & Cultural; and Joint Committee on Defence Cooperation.

The JWGs under the Economic Committee are Agriculture & Food Security; Energy; Technology & Information Technology; and Industry and Infrastructure.

THE PILLARS OF PARTNERSHIP

AREA OF COOPERATION

FACTS/DATA

ECONOMIC

India is Saudi Arabia’s second-largest trade partner; Saudi Arabia is India’s fourth-largest trade partner.

Bilateral trade in FY2022-23 was valued at $52.76 billion.

Trade with Saudi Arabia accounted for 4.53% of India’s total trade in FY23.

More than 2.4 million people from India have settled in Saudi Arabia and are a source of over the US $11 billion annual remittances to India.

ENERGY COOPERATION

Saudi Arabia is a key partner for ensuring India’s energy security and was its third-largest crude and petroleum products source for FY23.

India imported 39.5 million metric tonnes (MMT) of crude from Saudi Arabia in FY23, amounting to 16.7% of India’s total crude imports.

India’s LPG imports from Saudi Arabia stood at 7.85 MMT, and 11.2% of its total petroleum product imports, in FY 23.

DEFENCE PARTNERSHIP

There is extensive naval cooperation between India and Saudi Arabia, and two editions of the bilateral naval exercise, Al-Mohed al-Hindi, have been concluded so far.

Both sides also cooperate closely in the domain of defence industries and capacity-building.

SIGNIFICANCE OF INDIA –SAUDI ARABIA BILATERAL RELATIONS

The bilateral relationship between India and Saudi Arabia carries immense strategic and economic weight. Anchored in a rich history of trade and cultural interactions, this relationship has now matured beyond just an oil-centric dynamic.

Saudi Arabia plays a pivotal role in ensuring India’s energy needs, consistently being a leading supplier of crude oil. Their economic engagement is broadening, underpinned by Saudi Vision 2030, which seeks to diversify its economy and invites opportunities for Indian sectors like IT, defence, and entertainment.

The strengthening of diplomatic ties, evident through frequent high-level exchanges, has deepened their cooperation on regional peace and counter-terrorism. Moreover, the sizable Indian community in Saudi Arabia not only contributes significantly through remittances but also cements cultural linkages.

On the other hand, for Saudi Arabia, India, with its rising global stature, provides a vast market, potential investment avenues, and a stable diplomatic partner in a tumultuous Middle Eastern landscape.

RELEVANCE OF STRATEGIC PARTNERSHIP COUNCIL

Economic: Given the basket of trade between both countries which has seen a significant rise in the past few years the SPC will take the bilateral trade relations to new heights by collaborating in various domains including start-ups, and digital infrastructure development.

The direct investments by Saudi Sovereign Wealth Funds into India, in addition to the current inflow of investments, will also provide the much-required boost to bilateral relations.

Energy: India has targeted to achieve 5 million tonnes (MT) of green hydrogen capacity annually, along with an additional 125 GW of renewable energy capacity by 2030, under the National Green Hydrogen Mission announced in August 2021 as part of the national effort to diversify its energy basket.

In line with its Saudi Vision 2030 programme, it launched (in 2021) the Saudi Green Initiative, which works on increasing Saudi Arabia’s reliance on clean energy, offsetting emissions, and protecting the environment. In light of this, both countries having similar ambitions can usher in a new era of energy diplomacy.

India and Saudi Arabia signed a MoU for energy cooperation in the areas of Renewable Energy, Energy Efficiency, Hydrogen, Electricity and Grid Interconnection between the two countries: Petroleum, Natural Gas, Strategic Petroleum Reserves and Energy Security.

Among the major proposed investments in the West Coast Refinery & Petrochemicals Project in Maharashtra, to be jointly built by Saudi Aramco and an Indian consortium that includes Indian Oil Corporation, Hindustan Petroleum Corporation, and Bharat Petroleum Corporation.

Defence: The two sides commended their deepening cooperation and agreed to continue work, including joint exercises training and to consider possibilities of joint development and production of defence equipment.

India’s expansion on defence cooperation with the Gulf is concentrated on securing interests in the realm of trade and energy security. Saudi Arabia’s move towards opening its economy to global investment offers many opportunities for India, especially in the defence technologies sector led by private firms.

Strategic: Saudi Arabia is one of the most important strategic partners of India. As two of the world’s fastest-growing countries, the partnership is important for the stability of the entire region. The recent state visit of the Crown Prince is significant as it comes months after Saudi Arabia ended hostility with Iran through a deal that was negotiated by China. The state visit of the Crown Prince has additional importance as it took place weeks after Saudi Arabia became a member of the BRICS during the Johannesburg summit.

Saudi Arabia has substantial geopolitical influence in the regional politics of the Middle East. The newfound grounds of cooperation between both countries shall bring greater cooperation in other areas of geo-political importance, such as the India-Middle East-Europe Economic Corridor (IMEC), which was unveiled at the G20 Summit in 2023. The robust partnership will also help both nations to come together on regional and international issues of mutual interest, including cooperation at multilateral forums such as the United Nations, G20 and Gulf Cooperation Council (GCC).

CHALLENGES IN THE BILATERAL RELATIONS

Saudi Arabia has engaged with China, reproached Iran and Israel, and is also now consolidating the Saudi partnership with the US, India, and Europe. Riyadh still helps Pakistan with economic aid, even while strategically engaging with New Delhi.

Regional security in West Asia also needs the revival of the Joint Comprehensive Plan of Action (JCPOA). China has affirmed that its role in West Asian affairs is likely to get more active and substantial. This poses challenges for Indian diplomacy.

Given the high number of Indian population employed in Saudi Arabia the Nitaqat program (2011) which seeks to increase the employment of Saudi nationals in the private sector, seems to be a bone of contention between both nations.

THE WAY FORWARD

The I2U2 partnership between India, Israel, the UAE, and the U.S. has already put India on the region’s alliance canvas. The recent developments between India and Saudi Arabia provide a window of opportunity for India to embed itself as a significant player in the Middle East.

The effort to collectively fight terrorism has extended at the bilateral level as the two countries have signed a memorandum of understanding to combat terrorism. Whether it was the Riyadh Declaration (2010) or the recent meeting of the India-Saudi Arabia Strategic Partnership Council, the leaders of the two countries condemnation of terrorism, extremism and violence has only reaffirmed that terrorism is global and threatens all societies. India should continue to strengthen its anti-terrorism stance at the global platforms.

Diversification: The health sector offers significant potential for cooperation between the two countries, such as doctors exchange programmes, medical tourism and building healthcare infrastructure. India is one of the largest manufacturers and exporters of pharmaceuticals and should broaden the scope of bilateral ties with Saudi Arabia in such sectors.

Saudi Arabia imports farm produce worth more than US$ 19 billion a year, but India has only an 11 per cent share in this market. India has already removed the restrictions on the export of organic products and processed products to West Asia. Finding ways to enhance India’s farm exports to Saudi Arabia needs to be explored.

THE CONCLUSION: Both countries are focused on widening the scope of bilateral engagement and can provide the much-needed impetus to each other’s interests, but at the same time, not overlook each other’s sensitivities. The two countries may also address some of the issues that are likely to impact the partnership such as the grievances of the Indian Diaspora. The task ahead for both countries is to put into action the promising agreements signed between them.

Mains Practice Questions:

1. Despite breaking new ground India-Saudi Arabia relations face significant challenges. Elaborate.

2. The India-Saudi Arabia Strategic Partnership Council serves as a comprehensive platform to foster collaboration across a wide range of sectors. Discuss.

 Additional Information

The following eight MoUs were signed/exchanged during the visit

1. MOU in the field of Energy between the Ministry of New and Renewable Energy of India and the Ministry of Energy of Saudi Arabia

2. MOC between the Ministry of Communication and IT of Saudi Arabia and MEITY of India in the field of Digitization and Electronic Manufacturing

3. MOU between CVC of India and Saudi Oversight and Anti-Corruption Authority

4. MOC between the National Archives of India and the King Abdulaziz Foundation of Saudi Arabia in the area of archival cooperation

5. Framework of Cooperation on Enhancing Bilateral Investment between Invest India and the Ministry of Investment of Saudi Arabia

6. MOU between Saudi EXIM Bank and EXIM Bank of India

7. MOU for Cooperation in the Technical Field & Establishment of the Small and Medium Enterprises Bank between SIDBI and SME Bank of Saudi Arabia

8. MOU on Seawater Desalination between National Institute of Technology of India and Saline Water Conversion Corporation of Saudi Arabia




TOPIC- VIRTUAL SCO SUMMIT REFLECTS DIMINISHING RETURNS TO INDIA?

THE CONTEXT: The 23rd Shanghai Cooperation Organisation (SCO) summit was held in a virtual format on July 4, 2023, hosted by India. The summit was attended by the leaders of all SCO member states and they discussed a range of issues. However, the virtual format of the summit raised questions on the relevance of SCO to India. This write up discusses these aspects in detail from the UPSC perspective.

SCO: THE BASICS

The Shanghai Cooperation Organisation (SCO) is a Eurasian political, economic, international security, and defence organisation established in 2001. Its members are:

FULL TIME MEMBERS (9) OBSERVER STATES (3) DIALOGUE PARTNERS (6)
●       China

●       Russia

●       Kazakhstan

●       Kyrgyzstan,

●       Tajikistan

●       Uzbekistan

●       India

●       Pakistan

●       Iran

●       Afghanistan

●       Belarus

●       Mongolia

●       Armenia

●       Azerbaijan

●       Cambodia

●       Nepal

●       Sri Lanka

●       Turkey

ISSUES DISCUSSED DURING THE SUMMIT

TERRORISM

  • In order to promote peace in the region and around the world, Prime Minister Narendra Modi issued a strong call to action to all SCO members.

REGIONAL SECURITY

  • The SCO leaders discussed the security situation in the region and agreed to work together to maintain peace and stability. They also discussed the need to address the challenges posed by the ongoing conflict in Afghanistan.

OPPORTUNITIES FOR YOUNG PEOPLE FROM SCO

  • In PM Modi’s speech, he highlighted important initiatives and conclaves that have been organised to tap into the talent of SCO youth. Platforms such as the Young Scientist Conclave, Authors Conclave, Startup Forum, and Youth Council were discussed.

FIVE PILLARS OF COLLABORATION WITHIN THE SCO

  • The PM went into more detail about how India contributed to the development of the SCO’s five pillars of cooperation. He listed five pillars: youth empowerment, traditional medicine, startups and innovation, digital inclusion, and shared Buddhist heritage.

BHASHINI, AN AI-POWERED LANGUAGE PLATFORM FROM INDIA, AT SCO

  • Additionally, PM Modi discussed how the language barrier affects the operation of multi-national platforms like SCO and how Bhashini, an AI-based language platform developed in India, can help remove the barrier. He claimed that Bhashini may serve as an illustration of inclusive growth and digital technologies.

FOOD, FUEL, AND FERTILISERS

  • They pose a tremendous challenge to the entire world, which is currently beset by conflicts, tensions, and epidemics. Prime Minister Modi noted this in his opening statement. He urged concerted action to address such issues.

OUTCOMES OF THE SUMMIT

NEW DELHI DECLARATION

  • The declaration aims at fighting and countering terrorism.
  • Member states reaffirmed that the SCO is not directed against other states and international organisations.
  • The Member States supported the prohibition of all weapons in outer space and stress the need for strict adherence to the current legal system, which only permits peaceful uses of space.
  • Kazakhstan, Kyrgyz, Pakistan, Russia, Tajikistan, and Uzbekistan support China’s Belt and Road Initiative, focusing on joint implementation and linking Eurasian Economic Union construction.
  • Declaration of 2024 as the year of Environment was also a major step in the New Delhi declaration as it supports India’s stand in its global environment stance.

IRAN’S MEMBERSHIP

  • Iran was formally admitted as the ninth member of the SCO.
  • This expansion of the SCO’s membership is seen as a significant development, as it brings Iran into a multilateral forum with China, Russia, and other major powers in the region.

JOINT STATEMENTS ON COOPERATION IN COUNTERING RADICALISATION AND DIGITAL TRANSFORMATION

  • The SCO leaders also adopted two joint statements on cooperation in countering radicalisation and digital transformation.
  • These statements are seen as important steps in the SCO’s efforts to address the challenges posed by these two emerging threats.

SIGNIFICANCE OF THE RECENT SUMMIT

  • The summit saw the expansion of the SCO’s membership with the invitation of Iran to join the organisation. This expanded the SCO’s reach into the Middle East and gave the organisation a greater say in regional affairs.
  • The summit adopted a number of important declarations and agreements, including the Declaration on the Year of Environment, SCO 2023, and the Agreement on Cooperation in Countering Radicalization. These declarations and agreements will help to guide the SCO’s work in the coming years.
  • The rise of China and India as global powers. Both countries are members of the SCO, and they are playing an increasingly important role in the organisation.
  • The growing threat of terrorism and extremism in the region. The SCO has been active in combating terrorism and extremism, and it has played a key role in stabilising the region.

VIRTUAL SUMMIT AND THE DIMINISHING RETURNS

The questions of the virtual summit and the less relevant to the SCO were raised quite often, which was addressed by the Vinay Kwatra, India’s Foreign Secretary, in his press briefing. India held over 134 meetings and events during its presidency; the meeting not only discussed the political matters but also the economic, cultural and security questions. There were numerous initiatives taken during the India’s presidency (see the box below), which shows the relevance of SCO to India.

Howsoever, the offline and in-person meeting could have been a better option, as it explores and provides significant opportunities for bilateral talks, holding major discussions of political, economic and cultural questions and will also support India’s role at the global table of diplomacy.

POSSIBLE REASONS FOR THE VIRTUAL SUMMIT OF SCO

Though Indian government did not give any specific reason for the hoisting the meeting virtually, but let’s have a look at the possibilities:

  • The political situation: The reservation of nations for sitting with each other is a major reason for holding a virtual summit.
  • The global order: The ongoing Russia-Ukraine conflict, the situation of Afghanistan and Pakistan’s involvement in it and numerous different global events are limiting global leaders to full-fledged and in-person holding of these events.
  • Convenience at perusal: Online and digital conferences have multiple benefits, it saves time of travel, saving the cost of travelling, security and lodging; it also does not disturb the schedule of statesmen and leaders.

Initiatives taken by India during its SCO presidency

  • SCO Film Festival
  • SCO Millet Food Festival
  • SCO Cultural Showcase at Suraj Kund Mela
  • SCO Tourism Mart
  • Conference on Shared Buddhist Heritage
  • B2B Conference on Traditional Medicine
  • SCO International Conference of Think Tanks

The theme of the SCO Summit coined by the Indian Government

  • SECURE

○   Security

○   Economic development

○   Connectivity

○   Unity

○   Respect for sovereignty and territorial integrity

○   Environmental protection.

Five Pillars of SCO established by India:

  • Startups and Innovation
  • Traditional Medicine
  • Youth Empowerment
  • Digital Inclusion
  • Shared Buddhist Heritage

SIGNIFICANCE OF SCO FOR INDIA

  • India as Host: It was the first time that India had hosted the summit. This can be a sign of India’s growing importance in the SCO and in the region as a whole.
  • Security: The SCO is a powerful security alliance that can help to deter and counter threats to India’s security. The SCO has been active in combating terrorism and extremism, and it has played a key role in stabilising the region.
  • Economic cooperation: The SCO is promoting economic cooperation among its member states, and this is helping to boost economic growth in the region. India is looking to expand its trade and investment ties with the SCO countries, and the SCO can help to facilitate this.
  • Political influence: The SCO is a growing political influence in the region. India is looking to play a more active role in regional affairs, and the SCO can help to achieve this.
  • Soft power: The SCO can help India to project its soft power in the region. The hegemony can help India in better diplomacy and achieving national interest without resorting to hard power.

KEY CONCERNS NOT ADDRESSED BY THE SUMMIT

  • The situation in Afghanistan: The situation in Afghanistan remains unstable, and there is a risk of a resurgence of terrorism in the region. The SCO has not yet taken any concrete steps to address the situation in Afghanistan.
  • The conflict in Ukraine: The conflict in Ukraine has had a significant impact on the global economy, and there are concerns about its impact on the SCO region. The SCO has not yet taken a clear position on the conflict in Ukraine.

CHALLENGES TO SCO AS AN ORGANISATION

  • Differing interests and priorities of member states: The SCO member states have different political, economic, and security interests. For example, India and Pakistan have a long-standing rivalry. These different interests can make it difficult for the SCO to reach a consensus on important issues.
  • Territorial Disputes: Some member states have longstanding territorial disputes, such as India and Pakistan, over Kashmir. These disputes can escalate tensions and complicate cooperation within the organisation, particularly when they spill over into SCO discussions.
  • Expanding Membership: The SCO has considered expanding its membership to include other countries. However, expanding the organisation comes with challenges related to maintaining cohesion, managing differing interests, and accommodating new members’ priorities.
  • Bilateral Tensions: Despite being a regional organisation, bilateral tensions between member states, such as those between India and Pakistan or China and India, can spill over into the SCO’s functioning and discussions, diverting attention from its primary goals.

THE WAY FORWARD:

  • Enhanced Diplomacy and Conflict Resolution: Facilitate regular dialogue among member states to address bilateral and regional issues. Establish a mechanism for peaceful resolution of territorial disputes and conflicts, with a focus on building trust and confidence.
  • Common Security Strategy: Develop a comprehensive and shared security strategy to counter terrorism, extremism, and separatism effectively. Strengthen intelligence-sharing and joint operations to tackle transnational security threats.
  • Economic Integration and Development: Foster economic cooperation by promoting trade, investment, and infrastructure development among member states. Establish a dedicated economic commission within the SCO to coordinate economic initiatives and resolve trade-related issues.
  • Cultural and Educational Exchanges: Encourage people-to-people exchanges, cultural interactions, and educational collaborations among member states. Create joint programs to promote cultural understanding and awareness among diverse populations.
  • Institutional Strengthening: Enhance the SCO’s institutional capacity by allocating resources for the effective implementation of initiatives and programs. Establish working groups and task forces to focus on specific areas of cooperation, such as counter-terrorism, economic development, and environmental protection.
  • Engagement with Observers and Dialogue Partners: Strengthen engagement with observer states and dialogue partners to expand the SCO’s influence and address common concerns. Collaborate with international organisations to leverage their expertise and resources.

THE CONCLUSION: Shanghai Cooperation Organisation (SCO) stands as a unique platform in the Eurasian region, encompassing a diverse group of member states with varied interests and historical backgrounds. Since its inception, the SCO has traversed a complex journey marked by both achievements and challenges. It has demonstrated its potential to promote regional stability, facilitate economic cooperation, and address security threats through dialogue and joint efforts.

Mains Questions:

  1. Critically analyse the outcome of the recently held SCO summit hosted by India. Do you think that the virtual mode of the summit reflects the dilution of the significance of SCO to India? Explain.
  2. In the backdrop of global governing institutions losing their relevance, discuss the significance of SCO.



TOPIC: UNPACKING THE G-20 SUMMIT, 2023

THE CONTEXT: The 18th G-20 Summit concluded in New Delhi on September 9th and 10th, 2023. India hosted the G20 Leaders’ Summit as part of the rotational presidency, which resulted in the New Delhi Declaration. This article analyses the outcome of the G-20 summit, its significance and various other related issues from the UPSC perspective.

THE G-20 DECLARATION: THE NEW DELHI DECLARATION

Some of the key highlights of the declaration are as follows:

INCLUSION OF AFRICAN UNION

  • The African Union, which represents 55 countries of the African Continent, was admitted as a new member of the G20 in the Summit.
  • Till now, only one country from Africa, i.e. South Africa, was part of the G20, unlike Europe, which was represented by five countries as well as the European Union (EU).
  • This move is a step towards just, fair, more inclusive and representative global governance with more representation of the African Continent.

GREEN DEVELOPMENT PACT

  • G20 leaders adopted a green development pact to accelerate the steps needed to tackle the challenges of environment and climate change.
  • It focuses on:
  1. Resource efficiency and the importance of sustainable consumption.
  2. Clean, sustainable, just, affordable, and inclusive energy transition
  3. Climate and sustainable finance.
  4. Ocean-based Blue Economy.
  5. Building disaster-resilient infrastructure

DIGITAL PUBLIC INFRASTRUCTURE

  • DPI is the centrepiece of India’s G20 Presidency, which aims to advance financial inclusion globally through technology.
  • The G20 New Delhi Leaders Declaration agreed on developing a G20 Framework for Systems of DPI. They further welcomed India’s plan to build and maintain a Global Digital Public Infrastructure Repository (GDPIR), a virtual repository of DPI for use by other G20 members and beyond.

INTERNATIONAL TAX REFORMS AND CRYPTO REGULATION

  • The G20 has reaffirmed its commitment to the swift implementation of the ‘Two-Pillar’ international tax package.
  • In their joint declaration, the G20 leaders agreed to continue cooperation towards a globally fair, sustainable and modern international tax system appropriate to the needs of the 21st century.
  • ‘Pillar One’ allocates certain portion of the taxing right to market jurisdictions, from residential jurisdictions.
  • ‘Pillar Two’ provides for the levy of a global minimum corporate tax rate of 15% on all such big MNCs, whereby any shortfall between such global minimum tax rate and the tax rate in the low tax jurisdiction will have to be paid by such MNCs as a top-up tax.
  • Another highlight is joint declaration is the G20’s call for the swift implementation of the Crypto-Asset Reporting Framework (CARF) and amendments to the ‘Common Reporting Standard’ (CRS) for crypto regulation.

CLIMATE FINANCING COMMITMENT

  • The G20 Declaration urges all the developed countries to fulfil their commitment to at least double their collective provision of adaptation finance from 2019 levels by 2025, which is in line with the objectives of the UNFCCC and the Paris Agreement
  • The G20 leaders agreed to pursue tripling renewable energy capacity globally by 2030 and accepted the need to phase-down unabated coal power.
  • The New Delhi Leaders’ Declaration acknowledges that the developing world will need $5.9 trillion till 2030 for its Nationally Determined Contributions, and an additional $4 trillion each year for clean energy technologies to meet zero emission goals.

MULTILATERAL DEVELOPMENT BANKS (MDBs) REFORMS

  • 18th G20 summit was notable for its emphasis on MDB reform, it committed to pursue reforms for better, bigger and more effective MDBs to address global challenges to maximise developmental impact.
  • The report issued by G20 noted that there was a need to clarify the processes and procedures for capital deployment and shareholders’ response to them. MDBs also need to strengthen the ability of their boards to set capital adequacy policies.
  • The declaration noted that the measures suggested could lead to additional lending of $200 billion over the next decade. Further, the G20 committed to raising more financial resources to boost the World Bank’s capacity to provide stronger support to poor countries.

ACTION ON SUSTAINABLE DEVELOPMENT GOALS(SDGs)

  •  The declaration committed to leverage the G20’s convening power and its collective resolve to fully and effectively implement the 2030 Agenda and accelerate progress toward the SDGs in a timely manner to shape the world we want to see for our future generations.

Ten key elements of this commitment include:

  • Harnessing Digital Advances
  • Mobilising Global Financial Flows:
  • recognises these sectors as potent agents. Role of Tourism and Culture
  • Forging Collaborative Pathways
  • Responsible Capital Mobilisation:
  • Eliminating Hunger and Malnutrition
  • Mitigating Market Volatility:
  • Comprehensive Healthcare Mandate
  • Finance-Health Collaboration
  • Human Capital Development

 IMPORTANT INITIATIVES TAKEN AT SIDELINES OF G-20 SUMMIT

GLOBAL BIOFUELS ALLIANCE (GBA)

  • Indian Prime Minister, along with the leaders of Singapore, Bangladesh, Italy, USA, Brazil, Argentina, Mauritius and UAE, launched the Global Biofuel Alliance on the sidelines of the G20 Summit in New Delhi.
  • The Alliance intends to serve as a catalytic platform and fostering global collaboration for the advancement and widespread adoption of biofuels.
  • The alliance will also act as a central repository of knowledge and an expert hub.

INDIA – MIDDLE EAST – EUROPE ECONOMIC CORRIDOR (IMEC)

  • At a special event on the sidelines of the G20 summit, a memorandum of understanding (MoU) was signed to establish the ‘India-Middle East- Europe Economic Corridor’ (IMEC).
  • Signatories included leaders of India, USA, Saudi Arabia, the United Arab Emirates (UAE), the European Union (EU), Italy, France and Germany.

  • The IMEC will consist of railroad, ship-to-rail networks (road and sea) and road transport routes and networks extending across two corridors, that is, the east corridor connecting India to the Gulf, and the northern corridor connecting the Gulf to Europe.
  • The project forms part of the Partnership for Global Infrastructure and Investment (PGII) and may serve as a counter to China’s economic influence in the Eurasian region.

THE SIGNIFICANCE OF THE SUMMIT

SUSTAINABLE AND INCLUSIVE GROWTH

  • The 18th G20 Summit has renewed commitment to ensure a level playing field and fair competition by discouraging protectionism and market-distorting practices to foster a favourable trade and investment environment for all.
  • New Delhi’s Leaders Declaration reaffirm to achieve strong, sustainable, balanced and inclusive growth (SSBIG) that will require policymakers to stay flexible in their policy response, as evidenced during the recent banking turbulence in a few advanced economies.
  • It aims to achieve sustainably financed universal social protection coverage and ensure portability of social security benefits through bilateral and multilateral agreements.

STRENGTHEN MULTILATERAL INSTITUTIONS

  • G20 affirms to strengthen multilateral institutions that is capable of meeting the needs of developing nations, especially the poorest and most vulnerable ones.
  • In this respect, an agreement was reached on a framework for debt relief for Zambia, Ghana, and Ethiopia. As part of the G20’s progress on international taxation, work has been done on the exchange of information on immovable properties.
  • The proposals to restructure Multilateral Development Bank (MDB) to meet the challenges of the 21st century have been approved by all members. G20 members pledge in the declaration to “pursue reforms for better, bigger and more effective” MDBs in order to “address global challenges to maximize developmental impact.”

ACCELERATING PROGRESS ON SUSTAINABLE DEVELOPMENT GOALS (SDGS)

  • As we are almost at the halfway point to 2030, and the global progress on SDGs is up with only 12 per cent of the targets on track.
  • The 18th G20 summit focuses on resilient and inclusive growth, women’s empowerment, and well-being, in addition to sustainable development, health, and education.
  • New Delhi Declaration affirms to leverage the G20’s convening power and its collective resolve to fully and effectively implement the 2030 Agenda and accelerate progress toward the SDGs, in a timely manner.
  • Through a combination of digital transformation, financing, sustainable agriculture, healthcare strengthening, and education, the G20 nations show strong determination towards shaping a sustainable future

ADDRESSING CLIMATE CHANGE

  • G20 leaders committed to accelerate actions to address environmental crises and challenges of climate change.
  • G20 affirm the objective of UNFCCC to tackle climate change by strengthening the full and effective implementation of the Paris Agreement and its temperature goal, reflecting equity and the principle of common but differentiated responsibilities and respective capabilities in light of different national circumstances.
  • They aimed to concentrate on financing, reducing global greenhouse gas emissions, working on worldwide biofuel alliance, sustainable development, and eliminating plastic pollution, a green development pact, among other things, to hasten the actions required to address the environmental and climate change issues.

GLOBAL ECONOMIC COOPERATION

  • G20 is the premier forum for international economic cooperation and has taken several steps for global economic cooperation for sustainable growth.
  • It has taken a call on International taxation, which is a complicated topic that involves global corporations and, increasingly, internet-based companies and transactions.
  • According to the declaration, G20 reaffirm the commitment to continue working together toward a globally equitable, sustainable, and contemporary international tax system appropriate to the needs of the 21st century.

 A CRITICAL ASSESSMENT OF INDIA’S PRESIDENCY

BOOST FOR INDIA’S STATURE

  • The Summit has turned out to be a strong reflection of India’s rising stature on the global stage, with India achieving this wholesome consensus of New Delhi Declaration even with China and Russia in agreement.
  • India, which shares cordial ties with both the West and Russia, has rightfully leveraged its unique status for the global good.

GLOBAL GOVERNANCE AND VOICE FOR GLOBAL SOUTH

  • India not only managed to make the G20 a much more dynamic platform, but also revived faith in the ability of multilateral processes and structures to deliver in the sync of global governance agenda.
  • India is attempting to maintain a delicate balance between pushing for a more fair distribution of power within the international order and averting the perception that it is supporting anti-Western causes.
  • It did so by putting the issue of raising the voice of Global South at the center of the global governance agenda. In the process, it also highlighted its own credentials as a leading player in the global hierarchy.
  • It showed India’s willingness and its ability to shape global outcomes as opposed to merely being a passive recipient of decisions made by others.

INCLUSION OF AFRICAN UNION AND INDIA’S LEADERSHIP

  • One of the highest achievement of India in the G20 summit is admittance of African Union in G20.
  • By fostering inclusion of the African Union into the G20, India emerged as a leader in global south, while initiating reform in global governance structures to bring a wider representation of the needs of developing economies.
  • Also, the African Union’s integration with the G20 creates a bridge transcending socio-economic differences, and unlocks massive opportunities for African economies and the workforce.

INDIA’S LEADERSHIP ON CLIMATE CHANGE

  • The 18th G20 summit can be viewed as the “green summit” because India is promoting a number of climate policies, such as the Global Biofuels Alliance, “Mission LiFe” which promotes the idea of a circular economy, and green hydrogen standards among others.
  • In order to promote green funding, India is also urging international development banks to undergo reform.
  • India has been a strong advocate for climate action. As the world struggles with the challenge of climate change, India’s presidency can help set the tone for global cooperation on this issue.

NON VOICING THE ISSUES OF GLOBAL SOUTH

  • India is claiming as a voice of global south but could not address the major issues of global south.
  • It should have prioritized and put forward the debt relief issue for the  low and middle-income countries. However, it fails to break the deadlock over the issue of debt relief and debt sustainability.
  • Common Framework for Debt Treatment was agreed to facilitate the restructuring of low-income countries’ debt but the Common Framework remains vague without a roadmap specifying a sequence and timeline of steps.
  • Though, G20 countries have committed to work towards tripling global renewable energy capacity by 2030 but India could not manage to force any financial commitment in this regard.
  • Also, being the president of the G-20 summit, India should have strongly condemned the Ukraine war at its own level and could have leveraged the platform for joint statements with its Western allies. However, it did not even mention the Russian invasion.

DOMESTIC ISSUES

  • Concerns are raised over high budget allocation and spending on the G20 summit as it has been alleged that expenditure was seven times greater than what a developed country like Germany had spent on the same G20 Summit.
  • Apart from that, the closure affected all commercial and economic establishments in New Delhi from September 8 to 10, leading to a substantial economic impact. It is also reported that slums were demolished, and street vendors have been ordered to clear out.
  • Large billboards with Prime Minister face on them across large part of the country is seen as politicization of the Summit and it has been alleged that the Summit has been executed as an instrument of India’s electoral politics.

THE EVALUATION OF THE G-20 SUMMIT

NON-BINDING NATURE

  • The New Delhi Declaration contains a dozen of grand pronouncements ranging from full and effective implementation of the 2023 Agenda for Sustainable Development to reform of multilateral development banks.
  • However, given the lack of binding nature of these pronouncements, there is apprehensions about its implementation as the language in declaration is also phrased as we “call on “, “we commit”, “we recognize”, “we reaffirm” and so on.

SOFTER LANGUAGE ON RUSSIA-UKRAINE WAR

  • Though G20 nations agreed that states cannot grab territory by force and highlighted the suffering of the people of Ukraine but avoided direct criticism of Russia for the war.
  • The New Delhi declaration is seen as an apparent softening from the position that the G20 took last year in Bali Declaration when it condemned Russia for the war and demanded that it withdraw from Ukraine.
  • The New Delhi Declaration called it “the war in Ukraine” and also there was no condemnation of Russia either, unlike earlier.

NO DISCUSSION OF PHASING OUT FOSSIL FUELS

  • The G-20 accounts for 93 percent of the world’s operating coal plants and 88 percent of new proposed unabated coal power plants.
  • The New Delhi Declaration did not  push its members on commitments to cut use of fossil fuels and end construction of new coal power plants and leaders at the Summit did not reach any consensus on the phase-out of fossil fuels.
  • It also did not provide any plan to amend existing policies and targets in order to achieve the target of ramping of renewables.

LOOPHOLES IN IMEC

  • One of the major announcements during the G20 summit is the launching of ambitious economic corridor linking the EU, Middle East and India seen as a geopolitical rival to the Chinese Belt and Road Initiative.
  • US President  called it “a really big deal”, but there is no timeline to its completion and no details are available yet about the funding.

ABSENCE OF LEADERS

  • This year’s summit is notable for the absence of Chinese President Xi Jinping and Russian President Vladimir Putin and were represented by Foreign Ministers.
  • The absence of such important leaders can be one of the indications of disagreements and can create issues in the implementation of the declaration.

THE WAY FORWARD

  • Networking and collaboration: For successful implementation of the Delhi declaration, there is a need for collective actions and collaboration among all the partner countries. With proper
  • networking and collaboration, challenges can be tackled and will build a safer, stronger, more resilient, inclusive and healthier future.
  • Global balance of power: G20’s membership is still more representative of the current international balance of power than other multilateral institutions, especially with the inclusion of the African Union. There is a need for a more open, stable, and transparent rules-based order to achieve strong, sustainable and balanced global growth.
  • Implementation of declaration: It is known that the declaration is non-binding in nature. However, there is need for scaling up the efforts in mobilising large pools of global capital for sustainable projects, particularly in emerging and developing economies.
  • Ensuring multilateralism: Global challenges of the 21st century can only be addressed through multilateralism and reforms in multilateral institutions and international cooperation. G20 leaders can unanimously force UN institutions to be “more responsive” to the entire membership. They can work together to make the global governance “more representative, effective, transparent and accountable.
  • Addressing Climate issues: While the progress is good, a timely commitment on both the renewable energy target and allocation of finance to energy and developing countries will strengthen the commitment from nations on the climate crisis.

THE CONCLUSION: The 18th G20 Leaders’ Summit, bolstered bilateral ties between India and numerous other nations through the signing of business deals, forging defense partnerships, and fostering strong leader-to-leader relationships. The increased voice of global south and the increased participation of the developing world is an indication that can change the agenda of global action and partnership in near future.

MAINS QUESTIONS

  1. Explain the major features of the G-20 Summit Declaration, 2023. Can we say that the declaration has opened a new window for reformed multilateralism in a highly polarized world? Argue.
  2. “India has emerged as the leader of the Global South”. Examine the statement in light of India’s presidency of the G-20 Group of Nations.



TOPIC: INDIA’S SOLAR MISSION ADITYA – L 1

THE CONTEXT- ISRO’s Aditya-L1, the first space-based Indian observatory to study the Sun was launched on 2nd of September 2023 from Sriharikota Space Station in Andhra Pradesh. It will be placed in a halo orbit around the Lagrange point L1 of the Sun-Earth system which is about 1.5 million kms from the Earth.  This article explains in details the various aspects of the mission from the UPSC PERSPECTIVE.

WHAT IS ADITYA-L1 MISSION?

Aditya-L1 is a coronagraphy spacecraft designed and developed by the Indian Space Research Organisation (ISRO) to study the solar atmosphere. It is India’s first dedicated solar mission. The spacecraft will be orbiting at about 1.5 million km from Earth in a halo orbit around the L1 Lagrange point between the Earth and the Sun. It is studying the outermost layer of the Sun’s atmosphere, known as the corona, to understand its structure, dynamics, and the mechanisms behind its heating to millions of degrees. It is investigating the impact of solar activities on the Earth’s climate, weather, and space environment, including potential disruptions to communication and navigation systems. They are collecting data on solar storms, solar flares, and other solar phenomena that can affect space weather and terrestrial technologies.

ADITYA-L1 CARRY SEVEN SCIENTIFIC PAYLOADS

VISIBLE EMISSION LINE CORONAGRAPH (VELC)

To study the dynamics of the solar corona and to understand the physical processes that drive solar eruptions i.e. coronal mass ejections.

SOLAR ULTRAVIOLET IMAGING TELESCOPE (SUIT)

To image the Solar Photosphere and Chromosphere in near Ultra-violet (UV) and, to measure the solar irradiance variations in near UV.

ADITYA SOLAR X-RAY SPECTROMETER (SOLEXS)

To measure the X-ray spectrum of the solar corona and to study the coronal plasma.

HIGH ENERGY L1 ORBITING X-RAY SPECTROMETER (HEL1OS)

To study X-ray flares from the Sun over a wide energy X-Ray range. Sun as a star observation.

ADITYA SOLAR WIND PARTICLE EXPERIMENT (ASPEX)

It is designed to study the solar wind and energetic ions, as well as their energy distribution.

PLASMA ANALYSER PACKAGE FOR ADITA (PAPA)

It is designed to study the Solar wind. It acts as Particle Analyzer for Electrons and Heavier Ions with directions.

ADVANCED TRI-AXIAL HIGH RESOLUTION DIGITAL MAGNETOMETERS

To study the in-situ magnetic field (Bx, By and Bz). The Magnetometer is capable of measuring the interplanetary magnetic fields at L1 point.

WHAT ARE THE OBJECTIVES OF ADITYA-L1 MISSION?

UNDERSTANDING THE SOLAR CORONA

Aditya-L1 aims to study the outermost layer of the Sun’s atmosphere, known as the corona. The corona is much hotter than the Sun’s surface, and understanding the mechanisms that heat it to millions of degrees Celsius is one of the key goals of the mission.

STUDYING SOLAR ACTIVITIES

The mission will observe and study various solar phenomena, including solar flares, coronal mass ejections (CMEs), and other solar activities. By doing so, it seeks to improve our understanding of the Sun’s behavior and its impact on space weather.

INVESTIGATING SOLAR MAGNETIC FIELDS

Aditya-L1 will measure the magnetic field of the Sun, providing valuable data on the Sun’s magnetic activity and variations. Understanding solar magnetic fields is crucial for studying solar cycles and their effects on space weather.

SPACE WEATHER IMPACT

The mission aims to better comprehend the influence of solar activities on space weather, including their potential effects on Earth’s ionosphere and magnetosphere. This information is essential for mitigating space weather-related disruptions to communication, navigation systems, and satellite operations.

CLIMATE STUDIES

Aditya-L1 is intends to investigate the link between solar activity and Earth’s climate. Understanding how variations in solar radiation impact our planet’s climate is an important aspect of the mission.

TECHNOLOGY DEMONSTRATION

The mission includes technology demonstrations to test and validate various instruments and systems that will be used for future space missions.

WHAT IS THE NEED AND SIGNIFICANCE OF ADITYA-L1 MISSION?

ADVANCING SOLAR SCIENCE

The mission aims to significantly enhance our understanding of the Sun, particularly its outermost layer, the corona, which is hotter than the Sun’s surface but not well-understood. This knowledge is crucial for advancing solar science and improving our comprehension of the fundamental processes that govern stars like the Sun.

SPACE WEATHER PREDICTION

Aditya-L1 will contribute valuable data for space weather prediction. Solar activities, such as solar flares and coronal mass ejections, can have a substantial impact on Earth’s space environment. Understanding these phenomena and their effects is essential for protecting satellites, spacecraft, and even power grids on Earth from potential disruptions caused by space weather events.

TECHNOLOGICAL BENEFITS

The mission includes technology demonstrations, which can lead to the development of advanced instruments and systems that can be used in future space missions. This technology transfer can benefit various sectors, including space exploration, communication, and Earth observation.

CLIMATE STUDIES

Aditya-L1’s investigation into the link between solar activity and Earth’s climate can provide insights into long-term climate variations. While it may not be the sole determinant of climate change on Earth, understanding the Sun’s role in influencing our climate is valuable for climate research.

SCIENTIFIC COLLABORATION

The mission involves international collaboration, which fosters cooperation in space science and technology. Sharing data and research findings with the global scientific community can lead to broader insights and discoveries.

EDUCATIONAL AND OUTREACH OPPORTUNITIES

The Aditya-L1 is interest in science and technology among students and the public. They provide educational opportunities and encourage STEM (Science, Technology, Engineering, and Mathematics) engagement, which can lead to a future generation of scientists and engineers.

SPACE LEADERSHIP

The successful execution of missions like Aditya-L1 enhances India’s position in space exploration and research. It demonstrates the country’s capabilities in space technology and its commitment to advancing scientific knowledge.

WHAT ARE LAGRANGIAN POINTS?

Lagrangian points, also known as Lagrange points or libration points, are specific positions in space where the gravitational forces of two large objects, such as the Earth and the Moon or the Earth and the Sun, produce enhanced regions of attraction and repulsion. These points were first described by the Italian-French mathematician Joseph-Louis Lagrange in 1772.

There are five Lagrangian points designated as L1, L2, L3, L4, and L5, each with unique properties:

  1. L1 (Lagrange Point 1): This point lies along the line connecting the two large bodies and is located on the side of the larger body (e.g., the Earth) closer to the smaller body (e.g., the Moon or the Sun). At L1, the gravitational pull of the two bodies effectively cancels out, creating a point of stability. Objects placed at this point can maintain a relatively fixed position relative to the smaller body (e.g., a satellite monitoring the Sun) or conduct observations without the need for excessive fuel for station-keeping.
  2. L2 (Lagrange Point 2): L2 is also along the line connecting the two large bodies but is located on the opposite side of the larger body from the smaller body. It is used for various purposes, including astronomical observations, space telescopes, and Earth-observing satellites. Objects placed at L2 can maintain a stable position relative to the Earth and Sun.
  3. L3 (Lagrange Point 3): L3 is directly opposite L1, along the line connecting the two large bodies. It is less commonly used than other Lagrange points due to its instability. However, it has been considered for future space missions and exploration.
  4. L4 and L5 (Lagrange Points 4 and 5): These points are located at equal distances from both large bodies, forming an equilateral triangle with the two large bodies. L4 leads the smaller body in its orbit, while L5 follows it. L4 and L5 are often used in the context of the Earth-Moon system for potential locations of spacecraft, satellites, or future lunar missions. They are particularly stable and have been explored for space missions related to asteroid detection and planetary exploration.

Lagrangian points are essential in space exploration and satellite positioning because they offer stable regions in space where objects can remain in relatively constant positions relative to the larger celestial bodies. They have been used for a variety of purposes, including astronomical observations, space science missions, and Earth monitoring, and they play a critical role in planning and executing space missions.

ADITYA L1’S JOURNEY FROM EARTH TO THE L1 LAGRANGE POINT

The journey of the Aditya-L1 mission from Earth to the L1 Lagrange Point involves several phases and complex orbital maneuvers. The following steps involved:

  • Launch: The Aditya-L1 mission begins with its launch from Earth. The launch vehicle used would depend on the specific requirements and payload of the mission. Typically, ISRO would use one of its reliable rockets, such as the Polar Satellite Launch Vehicle (PSLV) or the Geosynchronous Satellite Launch Vehicle (GSLV), to launch Aditya-L1 into a transfer orbit.
  • Transfer Orbit: After launch, Aditya-L1 enters a transfer orbit that takes it away from Earth and toward its destination, the L1 Lagrange Point. The transfer orbit is designed to conserve fuel while allowing the spacecraft to gradually increase its distance from Earth.
  • Orbital Maneuvers: During its journey, Aditya-L1 performs a series of orbital maneuvers to adjust its trajectory and align itself with the L1 Lagrange Point. These maneuvers involve firing its onboard propulsion system at specific points along its trajectory to change its speed and direction.
  • Earth-Sun Halo Orbit: To reach the L1 Lagrange Point, Aditya-L1 will ultimately enter a specific type of orbit known as an Earth-Sun Halo orbit. This orbit allows the spacecraft to remain in the vicinity of the L1 point while taking into account the gravitational influences of both the Earth and the Sun. It involves a delicate balance of forces to keep the spacecraft in a stable position relative to the L1 point.
  • Arrival at L1: Once Aditya-L1 reaches the vicinity of the L1 Lagrange Point, it will perform precise orbital maneuvers to ensure it enters the L1 region and maintains a stable position there. At L1, the gravitational forces of the Earth and the Sun are roughly balanced, allowing the spacecraft to maintain its position with minimal fuel expenditure.
  • Mission Operations: After reaching its destination, Aditya-L1 begins its scientific observations and data collection activities. It will study the Sun and perform various experiments and observations related to solar phenomena and space weather.

The journey to L1 and subsequent mission operations are carefully planned and executed to achieve the mission’s scientific objectives. Aditya-L1’s mission control team on Earth closely monitors the spacecraft’s status and conducts regular course corrections and adjustments as needed to ensure it reaches and maintains its position at the L1 Lagrange Point. Top of Form

SOLAR SPACE PROGRAM OF OTHER COUNTRIES

NASA’S SOLAR AND HELIOPHYSICS PROGRAMS (UNITED STATES)

NASA has a long history of solar and heliophysics missions. Notable missions include the Solar Dynamics Observatory (SDO), Parker Solar Probe, and the upcoming James Webb Space Telescope, which will also study the Sun and its interactions with the solar system.

ESA’S SOLAR MISSIONS (EUROPEAN SPACE AGENCY)

ESA has been involved in multiple solar missions, such as the Solar and Heliospheric Observatory (SOHO), Solar Orbiter, and the upcoming Lagrange mission to study the Sun’s polar regions.

JAPAN’S SOLAR MISSIONS (JAPAN AEROSPACE EXPLORATION AGENCY – JAXA)

JAXA has launched missions like Hinode (Solar-B) and the upcoming Solar-C mission, which aim to study the Sun’s magnetic fields and solar activity.

CHINA’S SOLAR MISSIONS (CHINA NATIONAL SPACE ADMINISTRATION – CNSA)

China has launched the Chang’e missions to the Moon, which also carried instruments to observe the Sun. Additionally, CNSA has plans for solar observation missions like the Solar Exploring Orbiter (SOLEX) and the Solar Wind Magnetosphere Ionosphere Link Explorer (SMILE).

INDIA’S ADITYA-L1 MISSION (INDIAN SPACE RESEARCH ORGANISATION – ISRO)

As previously discussed, ISRO launched the Aditya-L1 mission to study the Sun, particularly its corona and its impact on space weather.

RUSSIA’S SOLAR MISSIONS (ROSCOSMOS)

Russia has been involved in solar research and space weather monitoring through various missions and collaborations, such as the International Space Station (ISS) and the Interheliozond mission.

SOUTH KOREA’S SOLAR MISSIONS (KOREA ASTRONOMY AND SPACE SCIENCE INSTITUTE – KASI)

KASI has been involved in solar research and has plans for future solar observation missions.

THE CHALLENGES OF ADITYA-L1 MISSION

ORBITAL DYNAMICS

Aditya-L1 is designed to orbit the L1 Lagrange Point, which requires precise orbital calculations and maneuvers to maintain its position relative to the Earth and the Sun. The gravitational forces of these celestial bodies can affect the spacecraft’s trajectory, necessitating regular orbital adjustments.

INSTRUMENTATION

Aditya-L1 carries a suite of scientific instruments for solar observation. Developing and calibrating these instruments to capture accurate and detailed data about the Sun’s behavior and magnetic fields is a significant technical challenge.

DATA TRANSMISSION

Transmitting large amounts of data from the spacecraft to Earth poses a challenge, as it must be done efficiently and reliably. The distance between the L1 Lagrange Point and Earth can affect communication and data transfer rates.

SPACECRAFT OPERATIONS

Operating the spacecraft from Earth requires precise command sequences and regular monitoring to ensure it remains in its intended orbit and continues to collect valuable scientific data.

SOLAR FLARES AND SPACE WEATHER

The mission aims to study solar flares and their impact on space weather. However, solar flares can be unpredictable and pose a potential threat to the spacecraft’s instruments.

BUDGET AND FUNDING

Securing funding for space missions can be challenging. Ensuring a stable budget throughout the mission’s lifecycle is essential for its success.

WAY FORWARD

DATA ANALYSIS

The collected data will be analyzed by scientists and researchers to extract valuable insights into solar science and space weather. This analysis may lead to new discoveries and a deeper understanding of solar activity.

TECHNOLOGY DEMONSTRATION

Aditya-L1 includes technology demonstrations, and the successful validation of these technologies can lead to their broader use in future space missions.

CONTINUED SCIENTIFIC OBSERVATIONS

Aditya-L1’s primary mission objective is to study the Sun and its various phenomena, including the solar corona, solar flares, and magnetic fields. The spacecraft will continue to collect data and images to enhance our understanding of these aspects.

INTERNATIONAL COLLABORATION

Aditya-L1 is part of international efforts to study the Sun and space weather. Continued collaboration with other space agencies and organizations will ensure that data is shared and analyzed globally, leading to a more comprehensive understanding of solar phenomena.

MISSION UPDATES AND REPORTS

Regular mission updates and reports will be provided to the scientific community and the public to communicate the mission’s progress and findings.

DATA ARCHIVING

Ensuring the long-term availability and accessibility of mission data is essential for future research and scientific advancements.

PREPARATION FOR FUTURE MISSIONS

Lessons learned from Aditya-L1 can inform the planning and execution of future solar and space weather missions. India and other space agencies may continue to invest in solar science research.

CONCLUSION: The Aditya-L1 mission represents an important endeavor by the Indian Space Research Organisation (ISRO) to study the Sun and its various phenomena, including the solar corona, solar flares, and space weather. Its success will depend on the spacecraft’s launch, deployment, and its ability to carry out its scientific mission as planned. The Aditya-L1 mission are essential because they advance our knowledge of the Sun, its behavior, and its influence on space weather, climate, and the solar system. They play a vital role in ensuring the safety and functionality of our technological infrastructure in space and on Earth and contribute to scientific understanding and technological innovation.

UPSC PRACTICE QUESTION

Q. What are the main objectives of the Aditya-L1 Mission?  Comment on the need for such a mission to India.

Q. Discuss the significance and challenges of the Aditya-L1 Mission. How does the Aditya-L1 Mission compare to previous missions studying the Sun?

PYQS RELATED TO ADITYA-L1 MISSION

Q. Discuss India’s achievements in the field of Space Science and Technology. How the application of this technology has helped India in its socio-economic development? (UPSC Mains 2016)

Q. If a major solar storm (solar-flare) reaches the Earth, which of the following are the possible effects on the Earth? (UPSC Prelims 2022)

  1. GPS and navigation systems could fail.
  2. Tsunamis could occur at equatorial regions.
  3. Power grids could be damaged.
  4. Intense auroras could occur over much of the Earth.
  5. Forest fires could take place over much of the planet.
  6. Orbits of the satellites could be disturbed.
  7. Shortwave radio communication of the aircraft flying over polar regions could be interrupted.

Select the correct answer using the code given below:

(a) 1, 2, 4 and 5 only

(b) 2, 3, 5, 6 and 7 only

(c)  1, 3, 4, 6 and 7 only

(d) 1, 2, 3,4, 5, 6 and 7

Answer: C

Q. With reference to ‘Astrosat’, the astronomical observatory launched by India, which of the following statement(s) is/are correct? (UPSC Prelims 2016)

  1. Other than USA and Russia, India is the only country to have launched a similar observatory into space.
  2. Astrosat is a 2000 kg satellite placed in an orbit at 1650 km above the surface of the Earth.

Select the correct answer using the codes given below.

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer: D

Q. Which of the following pair(s) is/are correctly matched? (UPSC Prelims 2014)

           Spacecraft                                               Purpose

  1. Cassini-Huygens :            Orbiting the Venus and transmitting data to the Earth
  2. Messenger            :             Mapping and investigating the Mercury
  3. Voyager 1 & 2      :              Exploring the outer solar system

Select the correct answer using the codes given below.

(a) 1 only

(b) 2 and 3 only

(c) 1 and 3 only

(d) 1, 2 and 3

Answer (b)




TOPIC – CHANDRAYAAN-3 MISSION

THE CONTEXT: India on 24th August 2023 expressed gratitude to world leaders for their wishes on Chandrayaan-3’s successful landing on Moon. India on 23rd August 2023 successfully landed a spacecraft near the Moon’s south pole, an uncharted territory that scientists believe could hold vital reserves of frozen water and precious elements, as the country cements its growing prowess in space and technology. After a failed attempt nearly four years ago, India made history by becoming the first country to touch down near the little-explored south-pole region and joins the United States, the Soviet Union and China in achieving a moon landing.

WHAT IS CHANDRAYAAN-3?

  • Chandrayaan-3 is described as India’s lunar mission with the goal of achieving a soft landing near the lunar south pole.
  • Soft landing refers to safely landing a spacecraft on the lunar surface without causing significant damage to the vehicle.
  • The lunar south pole is of particular interest due to its unique geological features, potential water ice deposits, and the presence of permanently shadowed regions that could harbor valuable scientific information.
  • The mission would likely carry a suite of scientific instruments to analyze the lunar surface, study its composition, map its topography, and gather data about its environment. These instruments include cameras, spectrometers, seismometers, and more.
  • Chandrayaan-3’s lander would incorporate lessons learned from Chandrayaan-2’s landing attempt to ensure a successful and controlled soft landing on the lunar surface.
  • ISRO employed advanced landing technologies and systems to mitigate the challenges associated with landing on the Moon.
  • Chandrayaan-3 incorporates advancements in technology, communication systems, navigation, and spacecraft design to increase mission reliability and success.

THE SIGNIFICANCE OF CHANDRAYAAN-3 MISSION

The Chandrayaan-3 mission is significant for a number of reasons:

  • It is India’s third lunar mission, and the second attempt at soft-landing on the Moon. The first attempt, Chandrayaan-2, was unsuccessful due to a technical malfunction. The success of Chandrayaan-3 will demonstrate India’s ability to soft-land on the Moon, which is a challenging technological feat.
  • Chandrayaan-3 will be the first mission to soft-land near the lunar south pole. The lunar south pole is a region that has not been explored in much detail, and it is thought to be rich in water ice. The mission will conduct experiments to study the composition of the lunar south pole and to search for water ice.
  • Chandrayaan-3 will carry a number of scientific instruments, including a lander, a rover, and an orbiter. The lander will carry instruments to study the lunar surface and atmosphere, while the rover will explore the lunar surface. The orbiter will map the Moon and study its environment.
  • The Chandrayaan-3 mission will help India to develop its space technology and to gain experience in conducting complex interplanetary missions. The success of the mission will be a major boost for India’s space program and will help to position India as a leading spacefaring nation.

WHY IT IS A MILESTONE?

Chandrayaan-3 has been launched and achieved significant milestones, it would likely be because of the advancements it brings to India’s lunar exploration capabilities. Here are some potential reasons why Chandrayaan-3 is considered a milestone:

  1. Landing Success: The Chandrayaan-3 successfully lands on the Moon’s surface, it would mark a significant achievement for India’s space program. Learning from the challenges faced during Chandrayaan-2’s landing attempt, a successful landing by Chandrayaan-3 would demonstrate India’s improved expertise in lunar soft landing technology.
  2. Enhanced Scientific Research: Chandrayaan missions are designed to conduct scientific research on the Moon, including studying the lunar surface, mineral composition, water ice presence, and more. Chandrayaan-3 could contribute to a deeper understanding of the Moon’s history, geology, and potential resources.
  3. Technological Advancements: Each Chandrayaan mission builds on the technological achievements of its predecessors. The Chandrayaan-3 incorporates new technologies, instruments, or engineering solutions, it could mark a significant step forward in India’s space capabilities.
  4. International Collaboration: The Chandrayaan-3 involves collaboration with other countries or space agencies, it could signify India’s growing role in global space exploration efforts and its ability to work collaboratively on complex missions.
  5. Public Engagement and Inspiration: Successful space missions often inspire the public and future generations to take an interest in science, technology, engineering, and mathematics (STEM) fields. Chandrayaan-3’s success could have a positive impact on education and awareness in India and around the world.
  6. Commercial Opportunities: Successful of lunar missions is open up possibilities for future commercial ventures, such as mining resources or setting up research stations on the Moon. Chandrayaan-3’s achievements are contribute to these potential endeavors.

TECHNICAL EQUIPMENTS IN CHANDRAYAAN-3

ISRO Chandrayaan-3 includes various technical equipments for the mission’s success.

The mission has three major modules:

  1. Propulsion module: It will carry the lander and rover configuration to 100 km lunar orbit.
  2. Lander module (Vikram lander) : It has the capability to soft land and deploy Rover on the lunar surface.
  3. Rover (Pragyan): It will carry out chemical analysis of the lunar surface.

THE PAST TWO CHANDRAYAAN MISSION FAILURES

Chandrayaan-1

Chandrayaan-1 was not a complete failure; in fact, it achieved several significant milestones in India’s space exploration efforts and that is first steps for moon mission. Launched by the Indian Space Research Organisation (ISRO) on October 22, 2008, Chandrayaan-1 was India’s first lunar probe.

The accomplishments of Chandrayaan-1:

  1. Confirmation of Water Molecules on the Moon: One of the main objectives of Chandrayaan-1 was to search for water molecules on the lunar surface. The Moon Impact Probe (MIP) on board the spacecraft confirmed the presence of water molecules in the lunar exosphere.
  2. High-Resolution Imaging: Chandrayaan-1 carried the Moon Impact Probe and also the Moon Impact Probe, both of which provided high-resolution images of the lunar surface. These images helped scientists gain a better understanding of the Moon’s topography.
  3. Mapping of Lunar Surface: The spacecraft carried several scientific instruments, including the Moon Impact Probe, the Moon Impact Probe, and the Chandrayaan-1 X-ray Spectrometer (C1XS), which helped map the mineral composition of the Moon’s surface.
  4. Discovery of Hydroxyl and Water Ice: Chandrayaan-1’s Moon Impact Probe helped discover hydroxyl molecules on the Moon’s surface. Additionally, data from the Moon Impact Probe and other instruments confirmed the presence of water ice in permanently shadowed regions near the lunar poles.
  5. Endurance and Longevity: Although Chandrayaan-1’s mission was initially planned for two years, it continued to function for nearly 10 months, successfully completing more than 3,400 orbits around the Moon.

However, it’s true that the mission faced some challenges as well:

  1. Communication Loss: In August 2009, communication with the spacecraft was abruptly lost due to technical issues. Despite this, the mission had already collected a substantial amount of valuable data.
  2. Limited Mission Life: The communication loss marked the end of the primary mission, as the spacecraft’s instruments and systems were no longer operational. This was a setback, but it does not negate the achievements of the mission up to that point.

Chandrayaan-1 experienced a premature end to its primary mission due to communication issues, it still accomplished many of its objectives and contributed significantly to our understanding of the Moon’s composition and surface features. It also paved the way for future lunar exploration missions, including Chandrayaan-2.

Chandrayaan-2

Chandrayaan-2, India’s second lunar exploration mission, is not considered a complete failure, although it did face challenges during its landing phase. The mission consisted of an orbiter, a lander named Vikram, and a rover named Pragyan. While the Vikram lander did encounter issues during its descent to the lunar surface, the overall mission was not a total failure. Here’s a breakdown of the mission and the challenges it faced:

  1. Orbiter Success: The Chandrayaan-2 orbiter was successfully inserted into lunar orbit and continues to function well. It is equipped with a suite of scientific instruments to study the Moon’s surface, analyze minerals, study the exosphere, and map water ice on the lunar surface. The orbiter’s mission has been successful in gathering valuable data and contributing to lunar science.
  2. Lander Failure: The Vikram lander, designed to make a soft landing on the Moon’s surface near the south pole, faced challenges during its descent on September 6, 2019. As it descended, communication was lost with ISRO’s ground control during the final moments. Subsequent analysis revealed that the lander had crash-landed on the Moon. The communication loss was due to a hard landing, and Vikram was not able to function as intended.

Despite the setback with the Vikram lander, the Chandrayaan-2 mission is not considered a complete failure for several reasons:

  • Orbiter Success: The Chandrayaan-2 orbiter continues to be operational and has provided valuable scientific data and images. It has achieved a significant portion of the mission’s scientific objectives.
  • Learning Experience: The landing attempt provided ISRO with important data and insights that will be useful for future missions. The challenges faced during the landing attempt will likely inform the design and execution of future soft landing attempts.
  • Showcased Technological Capability: Chandrayaan-2 demonstrated India’s capability to develop and launch complex missions to the Moon, including the successful insertion of the orbiter into lunar orbit.
  • Public Engagement: The mission garnered significant public attention and interest, inspiring the nation’s youth to take an interest in space science and exploration.

The Vikram lander’s failure to achieve a soft landing was a setback for the Chandrayaan-2 mission, the overall mission was not a complete failure due to the successful operation of the orbiter and the learning opportunities gained from the landing attempt.

The Benefits of Chandrayaan Moon Mission

The Chandrayaan moon mission has a number of benefits for India-

  • The mission will help scientists to better understand the moon’s origin, evolution, and geology.
  • It will also help scientists to study the moon’s environment, including its atmosphere, water ice, and potential for future human exploration.
  • The mission will also help to develop new technologies that can be used for space exploration and other applications.
  • The mission will boost India’s space industry and create jobs.
  • It will also help to attract foreign investment in the space sector.
  • The mission will also help to improve India’s image as a scientific and technological leader.
  • The mission will help to develop new technologies for space exploration, such as new ways to land on the moon and new ways to explore the lunar surface. These technologies can be used for future missions to the moon and other planets.
  • The mission will help to create new jobs in the space sector. The ISRO is estimated to employ over 17,000 people, and the Chandrayaan mission is expected to create even more jobs.
  • The mission will help to attract foreign investment in the space sector. The ISRO has already signed agreements with several foreign companies to collaborate on space projects.
  • The mission will help to improve India’s image as a scientific and technological leader. The success of the Chandrayaan mission will show the world that India is capable of carrying out complex space missions.

The Chandrayaan moon mission has the potential to bring significant benefits to India. The mission is a testament to India’s growing technological capabilities and its commitment to space exploration.

OTHERS MOON MISSIONS

There have been several other moon missions conducted by various space agencies and countries. Here are a few more examples:

  • Bereshit (SpaceIL, Israel): Bereshit was a privately funded lunar lander developed by the Israeli organization SpaceIL. It was launched in 2019 as part of the Google Lunar XPRIZE competition with the goal of achieving the first privately-funded moon landing. While the lander did crash on the lunar surface during its landing attempt, it was still a significant achievement for a non-governmental organization.
  • Hiten (ISRO, India): Launched in 1990 by the Indian Space Research Organisation (ISRO), Hiten was India’s first lunar probe. It was primarily a technology demonstration mission, and it impacted the Moon’s surface in 1994.
  • Clementine (NASA, USA): Launched in 1994, Clementine was a joint mission between NASA and the Department of Defense. It was designed to study the Moon from lunar orbit, conducting mapping and scientific observations.
  • SELENE-2 (JAXA, Japan): The proposed SELENE-2 mission by the Japan Aerospace Exploration Agency (JAXA) aims to send a spacecraft to the Moon to explore and study the lunar surface in greater detail, building on the success of the original Kaguya (SELENE) mission.
  • Lunar Prospector (NASA, USA): Launched in 1998, Lunar Prospector was a NASA mission that orbited the Moon to study its composition, magnetic field, and search for evidence of water ice.
  • Chang’e 5 (CNSA, China): Launched in 2020, Chang’e 5 was a Chinese mission designed to collect lunar samples and return them to Earth. It successfully brought back lunar samples from the Moon’s surface.
  • Luna-Glob (Roscosmos, Russia): The Luna-Glob program by the Russian space agency Roscosmos aims to launch a series of robotic missions to the Moon, including landers and orbiters. The first mission in this program is planned to study the Moon’s south pole region.
  • Huygens (ESA): While not a lunar mission, Huygens was a European Space Agency (ESA) probe that successfully landed on Saturn’s moon Titan in 2005 as part of the Cassini-Huygens mission.
  • LRO (NASA, USA): The Lunar Reconnaissance Orbiter, launched in 2009, is a NASA mission that continues to orbit the Moon, mapping its surface in high detail and providing valuable data for future lunar missions.

These are just a few more examples of moon missions that have been conducted by various space agencies and organizations over the years. Each mission contributes to our understanding of the Moon’s composition, geology, and history, as well as paving the way for future exploration and scientific research.

FUTURE ISRO PROGRAM

The Indian Space Research Organisation (ISRO) had several ambitious space programs and missions planned for the future. The key point of future ISRO programs and missions are following:

  1. Aditya-L1 Mission:

Aditya-L1 is the first Indian mission to study the Sun from a vantage point in the Earth-Sun Lagrange point L1. This is a point in space where the gravitational forces of the Earth and the Sun are balanced, so that the spacecraft can stay in a fixed position relative to both bodies. The Aditya-L1 mission is a solar mission being developed by the Indian Space Research Organisation (ISRO). It is scheduled to be launched in September 2023.

Aditya-L1 will Carry five Scientific Payloads:

  • The Visible Emission Spectrometer (VES) will study the Sun’s visible emissions in the wavelength range of 380-1000 nanometers.

Visible Emission Spectrometer (VES) Aditya-L1 mission

  • The Extreme Ultraviolet Imaging Spectrometer (EIS) will study the Sun’s extreme ultraviolet emissions in the wavelength range of 6-100 nanometers.

Extreme Ultraviolet Imaging Spectrometer (EIS) Aditya-L1 mission

  • The Coronal Hard X-ray Imager (CHXI) will study the Sun’s corona in the hard X-ray wavelength range of 10-100 keV.

Coronal Hard X-ray Imager (CHXI) Aditya-L1 mission

  • The Solar Wind Composition Spectrometer (SWCS) will study the composition of the solar wind in the vicinity of the spacecraft.

Solar Wind Composition Spectrometer (SWCS) Aditya-L1 mission

  • The Magnetometer (MAG) will measure the magnetic field of the Sun and the solar wind.
  1. X-ray Polarimeter Satellite (XPoSat):
  • The X-ray Polarimeter Satellite (XPoSat) is a space observatory being developed by the Indian Space Research Organisation (ISRO) and the Raman Research Institute (RRI). It is scheduled to be launched in the second quarter of 2023.
  • XPoSat is India’s first dedicated polarimetry mission. Polarimetry is the study of the polarization of light, which is the direction in which the light waves are oscillating. XPoSat will measure the polarization of X-rays from astronomical sources, such as black holes, neutron stars, and active galaxies.

XPoSat will Carry two Scientific Payloads:

  • The Polarimeter Instrument in X-rays (POLIX) will measure the degree and angle of polarization of X-rays in the energy range of 8-30 keV.
  • The X-ray Spectroscopy and Timing (SPECT) payload will provide spectroscopic information in the energy range of 0.8-15 keV.
  • XPoSat will be placed in a low Earth orbit. It is expected to have a mission life of at least 5 years.

The Objects of XPoSat in the Universe:

  • To study the polarization of X-rays from black holes, neutron stars, and active galaxies.
  • To understand the physical processes that are taking place in these objects.
  • To improve our understanding of the formation and evolution of stars and galaxies.
  • To search for new types of astronomical objects.
  • To develop new technologies for X-ray polarimetry.
  1. NASA-ISRO SAR (NISAR) Satellite:
  • NISAR is a joint Earth observation mission between NASA and the Indian Space Research Organisation (ISRO). The satellite will use synthetic aperture radar (SAR) to map Earth’s land and ice surfaces, including changes as small as centimeters.

NASA-ISRO SAR (NISAR) Satellite:

  • NISAR will be the first radar imaging satellite to use dual frequencies (L-band and S-band). This will allow the mission to observe a wider range of changes than either one alone.
  • The NISAR mission is expected to launch in 2024. It will have a mission life of 3 years.

The Scientific Objectives of NISAR Include:

  • Studying the effects of climate change on Earth’s land and ice surfaces.
  • Monitoring natural hazards, such as earthquakes, tsunamis, and volcanic eruptions.
  • Improving our understanding of Earth’s crust and interior.
  • Developing new technologies for radar imaging.

NISAR is a major milestone in the collaboration between NASA and ISRO. The mission will provide valuable insights into Earth’s changing environment and help us to better understand our planet.

The Benefits of NISAR:

  • It will provide detailed images of Earth’s surface that can be used to study a wide range of phenomena, such as climate change, natural disasters, and land use.
  • It will be able to see through clouds and darkness, so it can image Earth’s surface even when other sensors cannot.
  • It will be able to image Earth’s surface at high resolution, so it can detect small changes that would be difficult to see with other sensors.
  • It will be able to image Earth’s surface over a wide range of frequencies, so it can be used to study a variety of different materials.
  1. SPADEX or Space Docking Experiment:
  • It is a twin spacecraft mission being developed by the Indian Space Research Organisation (ISRO) to demonstrate technologies related to orbital rendezvous, docking, formation flying, with scope of applications in human spaceflight, in-space satellite servicing and other proximity operations.
  • The SPADEX mission will consist of two IMS class (200 kg) satellites, one would be Chaser and other being Target and both would be launched as co-passengers or auxiliary payloads. Both spacecraft would be injected into slightly different orbits. The Chaser spacecraft will then autonomously rendezvous and dock with the Target spacecraft.
  • The SPADEX mission is scheduled to launch in the third quarter of 2024. It is a major milestone in India’s space program and will help to develop the technologies needed for future human spaceflight missions.

The key Technologies that will be Demonstrated by the SPADEX Mission:

  • Autonomous rendezvous and docking
  • Formation flying
  • In-space satellite servicing
  • Proximity operations

The SPADEX mission will also help to develop new technologies for space docking, such as a new docking mechanism that is being developed by ISRO. This new docking mechanism is designed to be more reliable and efficient than current docking mechanisms.

The SPADEX mission is a significant achievement for the ISRO and will help to make India a major player in the global space race. The mission will also help to develop the technologies needed for future human spaceflight missions, such as the Gaganyaan mission, which is scheduled to launch in 2024.

HOW IT WILL CHANGE INDIA’S IMAGE GLOBALLY

The successful landing of Chandrayaan-3 on the moon is a major achievement for India and will change the country’s image globally in a number of ways.

  • Technological Prowess: A successful Chandrayaan-3 mission would showcase India’s advanced technological capabilities in space exploration. It would demonstrate that India possesses the expertise to plan, design, and execute complex missions, including soft landings on extraterrestrial bodies.
  • Scientific Achievement: Chandrayaan-3’s success would contribute to the global scientific community’s understanding of the Moon’s geology, surface features, and potential resources. This scientific knowledge-sharing could enhance India’s reputation as a significant contributor to space-based research and exploration.
  • International Collaboration: A successful mission could foster increased collaboration between India and other spacefaring nations. Joint ventures and partnerships in space research could lead to shared expertise, resources, and data exchange, further enhancing India’s global presence.
  • Soft Power and Diplomacy: Success in space missions can boost a country’s soft power, influencing perceptions and relationships on the global stage. It could lead to greater respect for India’s scientific achievements and encourage diplomatic interactions.

International Space Leadership: A successful lunar landing mission could position India as a key player in international space exploration efforts. It could lead to invitations for participation in global discussions on space policies, strategies, and collaborative missions.

  • Inspiration and Education: Success in space missions often inspires young minds to pursue careers in science, technology, engineering, and mathematics (STEM). Chandrayaan-3’s success could motivate more students to engage in these fields, contributing to India’s future technological workforce.
  • Economic Opportunities: Space exploration has economic implications beyond scientific research, including the development of new technologies, job creation, and the growth of the space industry. A successful mission could stimulate economic growth and innovation in related sectors.
  • Space Tourism and Commercial Ventures: A successful lunar mission could attract attention from space tourism and commercial space companies looking for collaboration or partnership opportunities. India could become a destination for space-related activities, contributing to its global profile.

WHY THE COUNTRIES ARE INTERESTED IN THE MOON MISSION?

Countries are Showing Increasing Interest in Moon Missions for Several Reasons:

  • Scientific Exploration: The Moon is a relatively close celestial body, and exploring it can provide valuable insights into the early history of our solar system and Earth. Studying the Moon’s geology, composition, and history can help scientists better understand the evolution of planets and their satellites.
  • Resource Potential: The Moon is believed to contain valuable resources such as water ice in permanently shadowed regions. Water is crucial for supporting future long-duration space missions and establishing a sustained human presence on the Moon.
  • Commercial Opportunities: The Moon is becoming a potential platform for commercial activities, such as mining of resources, tourism, and research. Private companies see opportunities for business ventures in space, and governments want to ensure they have a role in regulating and benefiting from these activities.
  • Human Spaceflight: Some countries have aspirations to send astronauts to the Moon, either as part of their own programs or through collaboration with established space agencies. This extends human presence beyond low Earth orbit and contributes to our understanding of long-duration space travel.

These reasons, among others, contribute to the growing interest in moon missions by countries around the world. As technology advances and our understanding of the Moon’s potential increases, we can expect to see even more ambitious and collaborative efforts aimed at exploring and utilizing our nearest celestial neighbor.

CONCLUSION

The successful execution of Chandrayaan-3, India’s dedicated lunar mission aimed at achieving a soft landing and rover deployment on the Moon’s surface, would hold significant implications on multiple fronts. Chandrayaan-3’s success are underscore India’s prowess in designing, engineering, and executing complex space missions. The mission’s triumph would enrich humanity’s understanding of the Moon’s geology, composition, and surface characteristics. The success of Chandrayaan-3 goes beyond scientific data collection; it holds the potential to elevate India’s reputation, inspire future generations, drive economic growth, and establish India as a formidable force in the global space community. Its impact would reach into various facets of society, leaving an indelible mark on India’s journey through the cosmos and on the world stage.

MAINS PRACTICE QUESTIONS:

  1. After the success of Chandrayaan-3, India enters in royal space club. Discuss how this will change India’s image globally.
  2. “The success of Chandrayan 3 not only opens up great opportunities for the future of India’s space program but also heats up the global  race for dominance over the space”. Explain.



TOPIC: THE ELECTION COMMISSION OF INDIA BILL AND THE CHALLENGES TO ITS INDEPENDENCE

THE CONTEXT: Recently, the Government has introduced the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 in the Rajya Sabha aiming to change the process of appointing the Chief Election Commissioner (CEC) and Election Commissioners (ECs). The Bill seeks to remove the Chief Justice of India (CJI) from a panel to select the CEC and ECs. This article analyses the provisions of the Bill and its implications for the independence of the ECI.

THE SALIENT FEATURES OF THE BILL

Election Commission

  • As per Article 324 of the Constitution, the Election Commission consists of the Chief Election Commissioner (CEC) and such number of other Election Commissioners (ECs), as the President may decide.
  • The CEC and other ECs are appointed by the President. The Bill specifies the same composition of the Election Commission.
  • It adds that the CEC and other ECs will be appointed by the President on the recommendation of a Selection Committee.

Selection Committee

  • The Selection Committee will consist of:

(i)        the Prime Minister as Chairperson

(ii)      the Leader of the Opposition in Lok Sabha as member

(iii)     a Union Cabinet Minister nominated by the Prime Minister as member.

  • If the Leader of Opposition in Lok Sabha has not been recognised, the leader of the single largest opposition party in Lok Sabha will assume the role.

Search Committee

  • A Search Committee will prepare a panel of five people for the consideration of the Selection Committee.
  • The Search Committee will be headed by the Cabinet Secretary.
  • It will have two other members, not below the rank of Secretary to the central government, having knowledge and experience in matters related to elections.
  • The Selection Committee may also consider candidates who have not been included in the panel prepared by the Search Committee.

Qualification of CEC and ECs

  • Persons who are holding or have held posts equivalent to the rank of Secretary to the central government will be eligible to be appointed as CEC and ECs.
  • Such persons must have expertise in managing and conducting elections.

Salary and allowances

  • The Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991 provides that the salary of the ECs will be equal to that of a Supreme Court judge.
  • The Bill provides that salary, allowance, and service conditions of the CEC and other ECs will be the same as that of the Cabinet Secretary.

Term of office

  • The 1991 Act mandates that the CEC and other ECs will hold office for a term of six years or until they reach the age of 65 years, whichever is earlier.
  • If an EC is appointed as the CEC, his total term cannot exceed six years.
  • The Bill retains the same tenure.  Further, under the Bill, the CEC and other ECs will not be eligible for re-appointment.

Conduct of business

  • All business of the Election Commission is to be conducted unanimously.
  • In case of difference of opinion between the CEC and the other ECs on any matter, it shall be decided through majority.

Removal and resignation

  • Under Article 324 of the Constitution, the CEC can only be removed from his office in a manner similar to that of a Supreme Court judge.
  • This is done through an order of the President, based on a motion passed by both Houses of Parliament in the same session.
  • The motion for removal must be adopted with:

(i)        majority support of total membership of each House

(ii)      At least two-thirds support from members present and voting.

  • An EC can only be removed from office on the recommendation of the CEC.  The Bill retains this removal procedure.
  • Further, the 1991 Act provides that the CEC and other ECs may submit their resignation to the President.  The Bill has the same provision.

THE BACKGROUND OF THE BILL

  • On 2nd March 2023, a five-judge constitution bench of the Supreme Court of India directed that the appointment of the chief election commissioner (CEC) and other election commissioners (ECs) shall be made by a “three-member committee” consisting of the Prime Minister, the leader of the opposition in the Lok Sabha (or the leader of the largest opposition party [LOP]), and the Chief Justice of India (CJI).
  • This “practice” of the appointment of the CEC and the ECs on the advice of a committee was to remain in force till a law was enacted by Parliament.
  • The directions came in response to a 2015 Public Interest Litigation (PIL) filed under Article 32 of the Constitution, challenging the constitutional validity of the practice of the Centre-appointed members of the Election Commission.
  • PIL requested the court to “consider the true effect of Article 324,” especially Article 324(2), which provides for the appointment of the CEC and other ECs by the President “subject to any law made by Parliament.
  • The petitioners sought a law for ensuring a fair, just and transparent process of selection by constituting a neutral and independent collegium/ selection committee.

The Petitioners Highlighted:

√ Appointment done solely by the Executive; practice incompatible with Article 324(2)

√ No law to regulate appointment of Election Commissioners

√ There has been inaction by the government in not making appropriate law.

√ Financial independence is not enough to ensure overall independence.

  • Earlier in 2018, a two-judge bench of the SC referred the case to a larger bench since it required a close examination of Article 324 of the Constitution, which deals with the role of a Chief Election Commissioner.
  • Article 324(2) reads: “The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time-to-time fix and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President.”
  • However, since there was no law made by Parliament as prescribed by the Constitution, the Court stepped in to fill the “constitutional vacuum”.
  • The Bill now seeks to address this vacuum and set up a legislative process to make appointments to the EC.

HOW THE MEMBERS OF THE ECI HAVE BEEN APPOINTED SO FAR?

The appointment of EC members has historically been a central government privilege. The President appoints the CEC and other ECs on the recommendation of the Council of Ministers. So essentially, the ECI selection panel has always been an executive domain. There is a database of serving/retired officers of the rank of Secretary to the Government of India/Chief Secretaries. The appointees are selected from the said database.  The Law Minister suggests a pool of suitable candidates to the Prime Minister for consideration. The President makes the appointment on the advice of the PM.

 THE ECI BILL AND THE INDEPENDENCE OF ELECTION COMMISSION

The new Bill has a clause that indicates LoP will either be disregarded or ignored when choosing the Chief Election Commissioner (CEC) and other Election Commissioners (ECs) and would be selected by the political executive belonging to the ruling party.  This primacy of executive can undermine the independence of the institution which is enshrined in the constitution. As per the provisions, Section 6 of the Bill establishes a search committee composed of two secretaries and the Cabinet secretary as its chairman. This provision of the search committee and the five candidates that it has been mandated to shortlist is matter of concern. Because it indicates that only a handful of high-level bureaucracy hold its control over commission.

Another provision, Section 8(2) of the Bill lays down that the selection committee can regulate its own procedure for selecting the CEC or other ECs. It authorises this committee to consider any other person than those included in the panel by the search committee. This means the selection committee can go beyond the search committee’s recommendations and appoint anyone it wants as CEC/EC thus making the entire search process meaningless. When the process is opaque like that and only few people controlling the procedure, it compromises with the independence of the commission as they tend to be subservient to the people selecting them.

As per current provision, The CEC’s status and salary are equivalent to those of a SC judge. However, the Bill seeks to downgrade it, making it equivalent to a cabinet secretary. The primary intent of the constitution makers was based on the fact that Election commission should be outside the control of the executive to ensure its independence and efficiency. However, the proposed bill is not aligned to this and thereby endangering the very purpose for which the commission is being constituted. The ECI needs to be independent and fully insulated from any external or internal disruption environment to instill sufficient confidence among the political parties and the public and allow the commission to hold elections in a free and fair manner.

DOES THE BILL VIOLATE SC JUDGEMENT?

  • The Supreme Court in March ordered the formation of a panel to advise on the appointments to the Election Commission until Parliament makes a law for the establishment of an independent selection panel.
  • To insulate the panel from political pressure or executive overreach, the SC said the panel will comprise the prime minister, the Lok Sabha’s leader of opposition (LoP), and the Chief justice of India (CJI) until a law is enacted.
  • However, the Bill replacing the CJI with a Union Cabinet minister seems to compromise the independence of the Election Commission.
  • The question arises here that can the Parliament undo a decision of the Supreme Court or is it a violation of the SC Judgement?
  • Though, the Parliament has the power to nullify the effect of a Court ruling by addressing the concerns flagged in the judgement. The law cannot simply be contradictory to the ruling.
  • In this case, the arrangement prescribed by the Supreme Court was specifically because the Court noted that there was a “legislative vacuum.” Filling that vacuum is well within the purview of Parliament. However, the idea of an independent body that conducts elections permeates through the judgement that the Court that repeatedly stated that to be the objective of the framers of the Constitution which the bill does not seems to follow.

INTERNATIONAL EXPERIENCE OF APPOINTMENT OF ELECTION COMMISSION

  • United States: In United States, six-member Federal Election Commissioners are appointed by the President and confirmed by the Senate. By law, no more than three Commissioners can represent the same political party, and at least four votes are required for any official Commission action. This structure was created to encourage nonpartisan decisions.
  • Canada: In Canada, the position of Chief Electoral Officer (CEO) was created in 1920 by the Dominion Elections Act. The Chief Electoral Officer is appointed for a 10-year non-renewable term by a resolution of the House of Commons. He or she reports directly to Parliament and is thus completely independent of the government of the day and all political parties. He or she can be removed from office only for cause, by the Governor General after a joint request following a majority vote by the House of Commons and Senate.
  • United Kingdom: In United Kingdom, it has been the usual practice of the Speaker’s Committee (whose membership drawn from MPs within the Parliament) to recommend the appointment of Electoral Commissioners for a four-year term and, if re-nominated by the party leader and found appropriate by the Committee, to recommend re-appointment for a further four-year term, giving an ordinary maximum term of eight years. There is no presumption in the statute either for or against re-appointment. The candidates for these posts are then approved by the House of Commons and further appointed by the Monarch.
  • France: In France, the nine-member Constitutional Council oversees the election of the President of the Republic and referenda. The French President and the presidents of each of the houses of Parliament (National Assembly & Senate) appoint three members each.

RECOMMENDATIONS BY VARIOUS COMMITTEES REGARDING APPOINTMENTS

There have been a number of committees which have examined the issues pertaining to our electoral system and made a number of recommendations. Few of them are mentioned here:

  1. Goswami Committee Report, 1990
    • The Election Commission should be a multi- member body with three members.
    • The Chief Election Commissioner should be appointed by the President in consultation with the Chief Justice of India and the Leader of the Opposition (and in case no Leader of Opposition is available, the consultation should be with the Leader to the largest opposition group in the Lok Sabha).
    • The consultation process should have statutory backing.
    • The appointment of other two Election Commissioners should be made in consultation with Chief Justice of India, the Leader of the Opposition (in case no Leader of Opposition is available, the consultation should be with the Leader to the largest opposition group in the Lok Sabha) and the Chief Election Commissioner.
  1. National Commission for reviewing the work of the Constitution, 2002

It was set up under the Chairmanship of the Former Chief Justice of India, M.N. Venkatachaliah. Various recommendations were made by the Commission in relation to electoral processes and political parties. One of the major recommendations regarding appointments is as follows:

    • The Chief Election Commissioner and the other Election Commissioners should be appointed on the recommendation of a Body consisting of the Prime Minister, Leader of the Opposition in the Lok Sabha, the Leader of the Opposition in the Rajya Sabha, the Speaker of the Lok Sabha and the Deputy Chairman of the Rajya Sabha.
    • It was further recommended that similar procedure should be adopted in the case of appointment of the State Election Commissioners.
  1. Second Administrative Reforms Commission Report, 2007

          The Commission consisted of Shri Veerappa Moily, the then Law Minister, as its Chairperson and five other Members.

    • It recommended that the Collegium headed by the Prime Minister, with the Speaker of the Lok Sabha, the leader of the Opposition in the Lok Sabha, the Law Minister and the Deputy Chairman of the Rajya Sabha, as Members, should make recommendations for consideration of the President for appointment of the Chief Election Commissioner and the Election Commissioners.
  1. 255th Law Commission Report, 2015
    • It recommended the appointments of Chief Election Commissioners (CEC) and all Election Commissioners should be made by the President in consultation with a three-member collegium or selection committee.
    • The collegium or committee shall consist of the Prime Minister, the Leader of the Opposition of the Lok Sabha (or the leader of the largest opposition party in the Lok Sabha) and the Chief Justice of India (CJI).
    • The elevation of an EC should be on the basis of seniority. If senior EC is not appointed due to unfit reasons, the three member collegium or a committee give reasons in writing.
    • It recommends that equal constitutional protection must be given to all members of the ECI in matters of removability from office.

THE WAY FORWARD

  • Adhering to SC judgment: The Supreme Court in its order quoted the Law Commission Report 2015 that highlighted that the “Commission should be completely insulated from political pressure or executive interference to maintain the purity of elections, inherent in a democratic process”. Thus the bill needs to be reformed to adhere to SC judgment to ensure efficiency of the Election Commission.
  • Ensuring Independence : There is need to secure the independence of the institution for its proper functioning , one way to ensure the independent functioning of ECI members, in the bench’s view, is to ensure that they are able to complete the period of tenure mandated under the EC Act.
  • Ensuring transparency: The institutions still continue to operate in an opaque manner. However, to strengthen the democratic processes, the institution of the Election Commission needs to be independent and demonstrate transparency and accountability.
  • Implementing committee report: There is need to implement the Goswami committee, report which, besides recommending the ECI to be a multi-member body, said the CEC should be appointed by the President in consultation with the CJI and the Leader of the Opposition (and in case no Leader of the Opposition is available, the consultation should be with the leader to the largest opposition group in the Lok Sabha). It will maintain the neutrality of the ECI and to shield the CEC and Election Commissioners from executive interference.
  • Learn from international experience: There is need to learn from international experience as an examination of the practices for appointment of the head of election-conducting bodies across the world shows the trend of including members of the opposition in the process. In addition, some jurisdictions also have Constitutional functionaries such as Speakers of Parliament, and judges of the highest Court in the country, in a multi-member Committee. It not only provides a system of accountability of the ruling party but also ensures a much crucial deliberative process.

THE CONCLUSION: Democracy can only function upon the faith that elections are free and fair, and, the sovereignty of the people rests upon free elections, held on a regular basis through which people choose the representatives. Therefore, the ECI needs to be independent and fully insulated from “any external or internal disrupting environment”.

MAINS QUESTION

  1. Discuss the provisions of the Election Commission of India Bill, 2023. Does the Bill undermine the independence of the institution of the Election Commission of India. Examine.
  2. “Integrity institutions require independence from the executive for enforcing their watchdog role in a democracy governed by rule of law”. Comment.



TOPIC: THE BRICS SUMMIT, 2023- A CRITICAL ANALYSIS

THE CONTEXT: The 15th BRICS summit was hosted by South Africa in Johannesburg on August 22–24, 2023. The summit was held against the backdrop of geopolitical changes and changing global economic dynamics. The summit also marked the first in-person meeting of BRICS leaders since 2019. In this article, we will analyze the various dimensions of the summit from the UPSC CSE perspective.

 THE OUTCOMES OF THE SUMMIT

  • The theme for the 15th BRICS Summit was “BRICS and Africa: Partnership for Mutually Accelerated Growth, Sustainable Development and Inclusive Multilateralism”.
  • The 26-page Johannesburg declaration adopted at the conclusion of the Summit reflected the issues of global economic, financial, and political importance.

Some of the major joint statements released during the summit are:

  • Opposition to Unilateral Measures:The summit condemned unilateral coercive actions, advocated inclusive multilateralism, and upheld international law.
  • Agriculture and Food Security:The summit strived for fair agricultural trade, ending hunger, sustainable agriculture, and resilient practices.
  • UN Reform: The summitsupported comprehensive UN reform, including the Security Council, for enhanced democracy, effectiveness, and developing country representation.
  • Anti-Corruption: The summit also reiterated the importance of uplifting and strengthening anti-corruption practices. It has led an initiative to combat corruption practices by educating the masses and leading numerous programs.
  • Protecting Customers in the e-Commerce Era: The summit acknowledged the need to safeguard customers in the era of e-commerce which has led to the establishment of the Digital Economy Working Group.
  • Strengthening Trade: The summit supported and decided that there will be a surge in the collaboration pertaining to trade activities. As prescribed by the BRICS Framework for Cooperation on Trade in Services, there will be a collaboration of the BRICS business council with the BRICS national focal points.

BRICS EXPANSION

  • The major highlight of the fifteenth summit was the agreement to admit six new member countries: Argentina, Egypt, Ethiopia, Iran, Saudi Arabia, United Arab Emirates, who will officially join the group in January 2024.
  • BRICS currently consists of Brazil, Russia, India, China, and South Africa.

COUNTER-TERRORISM

  • It also calls for expeditious finalization and early adoption of the India initiated Comprehensive Convention on International Terrorism (CCIT) within the UN Framework, while maintaining that ‘terrorism should not be related to any religion, nationality, civilization or ethnic group’.
  • The declaration also called for peaceful resolution of global conflicts, including in Niger and a ceasefire in Sudan.

DE- DOLLARISATION

  • It emphasized need for BRICS to conduct trade and financial transactions in their own currencies, rather than the US dollar. The notion of de-dollarization of the global economy is, however, unlikely to materialize, not at least in the next 10-15 years, as currently over 50% of global trade is in US dollars (while the Chinese renminbi accounts for just 3-4%).
  • It was agreed at the Summit to work towards this issue and the BRICS Finance Ministers and Central bank Governors were tasked with considering the modalities of trading in local currencies and payment platforms and report to the next Summit.

INTRA-BRICS COOPERATION

  • It focuses on intra-BRICS cooperation and outreach to other developing countries.
  • The Declaration also reflects the shared views of its members on several political issues in a bid to strengthen the bloc as an alternative to the U.S.-led liberal international order.

 THE SIGNIFICANCE OF THE SUMMIT

  • This is the first in-person summit since 2019 and the COVID-19 pandemic. This is also the first in-person meeting since the Russian invasion of Ukraine in 2022, an event that has cast a long shadow not only over global stability, but food, fertilizer and energy security.
  • Generally, BRICS is essentially a movement of “emerging economies”, and thus gives importance mainly to economic issues, but given the geopolitical flux especially after the war in Ukraine, this BRICS summit takes on a new importance in geopolitical issues.
  • At the Summit along with critical geopolitical concerns, economic cooperation and the constantly increasing multilateral trade and development were discussed.

EXPANSION OF THE BRICS

  • The summit’s most notable outcome was the admission of six new members.
  • Among these, Iran stands out as particularly contentious and in direct opposition to the U.S. whereas Saudi Arabia and the United Arab Emirates will bring substantial financial resources, while Argentina will bolster South American representation.
  • Egypt and Ethiopia will enhance the African presence within the organization.

ECONOMIC AND GROWTH ASPECTS

  • The countries discussed global trade, investment and economic growth in general, as the nations of this intergovernmental organisation comprise of almost one third of the world’s GDP and in world trade, these countries have about 17% share.
  • The new members are economically strong as India, Iran, and Russia are already developing the International North-South Transport Corridor. Saudi Arabia and the United Arab Emirates, two of the world’s largest oil and gas exporters
  • The New group incorporates major global oil producers near crucial trade chokepoints, such as the Suez Canal and the Strait of Hormuz and Bab-al Mandab Strait.
  • Egypt and Ethiopia are an important presence in the strategically important Horn of Africa and the Red Sea. Argentina is the second largest economy in Latin America.

CLIMATE CHANGE

  • BRICS members agreed to address the challenges posed by climate change while also ensuring a just, affordable and sustainable transition to a low-carbon and low-emission economy.
  • The five nations called on developed countries to lead by example and support developing countries towards such transitions.
  • BRICS nations opposed trade barriers imposed by certain developed countries under the pretext of tackling climate change.

MULTILATERALISM

  • BRICS has always been understood as a constructive platform to contribute to the reform of multilateral institutions.
  • The growing weight of the BRICS members merits demands for a larger role in economic governance reforms.
  • The BRICS countries want more power in multilateral decisions that guarantee a greater degree of domestic autonomy or flexibility in their respective development agendas.
  • The decision to invite new members is a choice of development model for the next stage and will foster collective influence in global partnerships for multilateralism.

REFORM OF EXISTING GLOBAL INSTITUTIONS

  • This brand-new BRICS policy document emphasised on reform of existing global institutions including the United Nations, World Bank, IMF, WTO, WHO and others.
  • BRICS can deal with this via a democratic platform within the UN. As with the new BRICS expansion, the members have quite specific trade influence.

SECURITY

  • Apart from world trade and global economic growth, another key area of discussion was the world security.
  • The BRICS nations vowed to work towards confronting the menace including cross-border movement of terrorists and terror financing networks.

 THE IMPLICATIONS OF THE EXPANSION OF THE BRICS

  • The implications of this expanding BRICS have very specific and wide-ranging implications in both positive and negative terms.
  • First, there is considerable anti-US sentiment in the world, and all these countries are looking for a grouping where they can use that sentiment to gather together. Second, there is a lot of appetite for multipolarity, for a platform where countries of the Global South can express their solidarity.

GROWING INCLUSIVITY

  • The expansion signifies a growing alignment of geopolitical and economic agendas within the BRICS which indicates towards inclusivity with incorporating of countries with varied interests.
  • With the inclusion of two African countries, it strengthened efforts to promote integration, development, and growth through the African continent as well.

ALTERNATIVE WORLD ORDER

  • The expansion of the BRICS to a BRICS+ format and the adoption of guiding principles, standards, and procedures for the same, have potentially made the BRICS a more attractive institution for consensus-building and dialogue in the developing world.
  • If not a new world order, the BRICS expansion is certainly an attempt at an alternative world order, one with a more sympathetic ear for the developing many versus the developed few.

SPOKESPERSON OF THE DEVELOPING WORLD

  • Adding new members strengthens the group’s heft as a spokesperson of the developing world. BRICS currently represents around 40% of the world’s population and more than a quarter of the world’s GDP.
  • With the additions, it will represent almost half the world’s population, which will increases its say in the global multilateral forums.

DIFFICULT TO BUILD CONSENSUS

  • Apart from above mentioned positive implication, there is challenges and opportunities as well because of expansion that will test the BRICS’ cohesion and effectiveness.
  • Its ability to remain a credible force for reshaping global governance will depend on its capacity to forge consensus among its diverse members.
  • However, a larger membership also means greater challenges to reaching consensus and adds new layers of complexity.

BALANCING THE GROUP

  • There is major challenge in front of institution and India to not portrait  the grouping as anti-west.
  • The incorporation of U.S. allies such as the United Arab Emirates and Saudi Arabia alongside countries ambivalent or opposed to the United States could frustrate efforts at deepening cooperation between member-states.
  • Members would need to decide if BRICS is to be a bloc of emerging economies seeking to promote their interests in a multipolar world order or adopt a more explicitly anti-West orientation, the latter of which is preferred by China and Russia.
  • The most controversial issue for BRICS however, is the defense of nonalignment and neutrality in tensions between the United States and China and in the war in Ukraine.

THE ISSUES THAT BRICS SUMMIT DID NOT ADDRESS

BRICS as a forum was expected to address the few prominent geopolitical issues that it failed to address:

UKRAINE WAR

  • BRICS should have acted as a summit to taking up the issues of Ukraine War and complaints against the West for its responsibility for crises and wars and its inability to even control the consequences of these events.
  • Though Russian President and BRICS addressed the matter that they are ready to join efforts to seek an immediate ceasefire in Ukraine but not any fruitful conversation or action took place.

ISSUE OF CONSENSUS

  • BRICS is being called a negative coalition of states that cannot agree on a common position.
  • They can create a consensus on what they oppose to avoid sanctions and protectionist measures but cannot build consensus over important issues because of differing viewpoints within the grouping.

BRICS NATIONS FAILED TO REBUILD THE GLOBAL FINANCIAL ORDER

  • There are issues pertaining to the New Development Bank (NDB) which was not addressed.
  • Less than a quarter of disbursements made by the BRICS Bank last year were in local currency and the vast bulk of that was denominated in Chinese renminbi and, more recently, South African rand.
  • Despite initially inspiring language around equality, transparency and accountability, NDB’s decision-making process probably much more opaque than other banks.

CURRENCY

  • BRICS leaders are also expected to take forward earlier talks on intra-BRICS trading in national currencies, although plan for pushing for a “BRICS currency” to challenge the dollar appear to be on the agenda.
  • But the hype about a common BRICS currency might be impractical and premature, but trading in national currencies is needed in a reality. The recent rupee-designated oil transaction between India and the United Arab Emirates is not merely a swipe at the petrodollar arrangement that has prevailed since 1973. It is also a signal that the world’s major commodity exporters and importers can try to reduce their dependence on the dollar by trading in local currencies.

 INDIA AND THE BRICS SUMMIT 2023

At the Summit, India called for a strengthened BRICS that will be.

(B) Breaking barriers

(R) Revitalizing economies

(I)  Inspiring innovation

(C) Creating opportunities

(S) Shaping the future

India’s initiatives at the summit:

  • Called for reform of Multilateral Financial Institutions and WTO
  • Called for setting defined timelines for UNSC reforms.
  • Urged BRICS to send a global message of unity and not polarization.
  • Proposed creation of a BRICS Space Exploration Consortium
  • Offered Indian Digital Public Infrastructure – the Indian stack to BRICS partners.
  • Proposed undertaking skill mapping, skilling and promoting mobility among BRICSs countries
  • Proposed joint efforts of BRICS countries for protection of Big Cats under International Big Cat Alliance
  • Proposed establishing a repository of traditional medicine among BRICS countries
  • Called upon BRICS partners to support AU’s permanent membership of the G20

India participated at BRICS-Africa Outreach and BRICS Plus dialogue session and invited the participant countries to join International Solar Alliance, One Sun, One World, One Grid; Coalition for Disaster Resilient Infrastructure; One Earth, One Health; Big Cat Alliance and Global Centre for Traditional Medicine.  India initiated Comprehensive Convention on International Terrorism (CCIT) within the UN Framework to openly discuss the problem of terrorism and build deliberations with the BRICS nations. India supported expansion of the BRICS (Brazil, Russia, India, China and South Africa) grouping. India took the lead in forging consensus on membership criteria and selection of new members. India suggested measures in areas of railway research networks, and cooperation among MSMEs and start-ups.

THE WAY FORWARD

  • Expansion should be fast tracked: Expansion of BRICS has further boosted its influence as now the group represents a significant portion of the world’s population, Gross Domestic Product (GDP), global trade, and energy production. In this respect, there is need to fast track the expansion mechanism by building consensus.
  • Permanent secretariat: With its expanded membership and relevant portfolio, BRICS should consider setting up a permanent secretariat, which it does not have yet.
  • Promote globalization and multilateralism: As we enter a multipolar era, it becomes imperative to acknowledge new players and the reality that the global landscape will not be characterized by harmonized systems, but rather a rich variety of approaches. This is the role BRICS, a platform should play that contributes to globalization, multipolarity and multilateralism.
  • Prioritize Cooperative mechanism: There is need of cooperative mechanisms for energy transition, technology transfer, financing the New Development Bank, resumption of the World Trade Organization dispute settlement mechanism, and UN Security Council reform.
  • Global Governance: There is a need to make global governance more representative and inclusive by igniting a genuine conversation. In global governance, more imperfect institutions reflecting the realities of today are better than one imperfect institutional structure that is alien to the world of today. In this context BRICS should work towards equity, inclusion and representation.
  • International stability: BRICS nations should strive for peaceful and diplomatic settlement of crisis and conflict in various regions of the world. BRICS, being one of the pillars of the emerging polycentric world order, plays an important stabilising role in global affairs. In the context, BRICS can contribute significantly in maintaining international stability and ensuring global economic growth.

THE CONCLUSION: The 15th BRICS Summit represented a significant moment in the evolution of this alliance. As BRICS continues to grow and evolve, it holds the promise of promoting cooperation, stability, and development on a global scale. In this respect, it is needed that BRICS should promote comprehensive development of all states both big and small and enhanced mutually beneficial cooperation among them on the basis of shared interests.

MAINS QUESTIONS

  1. The Fifteenth BRICS summit has sent a strong signal that the post–World War II order should accept the multipolar reality and change with the times.
  2. “With the expansion of BRICS grouping, it can strengthen its claim of being the voice of the Global South”. Analyse.



TOPIC: THE ISSUE OF FOREST FIRES

THE CONTEXT: Throughout the globe, wildfires are growing in intensity and spreading in range. From Australia to Canada, the United States to China, across Europe, the Amazon and pockets of India, wildfires are wreaking havoc on the environment, wildlife, human health, and infrastructure. Climate Change is to blame for most of the forest fires occu rring across the world.

Globally, only around 4% of all forest fires have natural causes such as lightning. In all other cases, the anthropogenic origin of the fires is common.

THE RECENT FOREST FIRES (2022-2023)

  • Wildfires in Hawaii (Lahaina)
  • USA: Northern California
  • Canada: British Columbia and Alberta province
  • Russia: Black Sea town of Gelendzhik
  • Zombie fires in Canada and Siberia (Russia)
  • Spain: Tenerife, Canary Islands and La Palma
  • Greece: Plataniostos in Evia Island; city of Alexandroupolis, Evros region
  • Fires in Italy
  • India: Fires in Simlipal National Park (Odisha), Goa
  • Australian bushfires
  • South Central Chile: Ñuble, Maule, Biobío and Auracanía.

DELVING DEEPER INTO REASONS BEHIND RAVAGING FOREST FIRES THIS YEAR IN EUROPE AND OTHER PARTS OF THE WORLD

As concluded by the IPCC Synthesis Report 6, the global mean temperatures have already risen by more than 1°C. And there has been unprecedented rise in extreme weather events including heatwaves, droughts and Arctic Amplification, all of which are known to influence the global climate and elevate dryness in atmosphere, sucking up all moisture and thus, triggering forest fires.

HAWAIIAN WILDFIRES(MUII)

Wildfires were once uncommon in Hawaii, ignited largely through volcanic eruptions or lightning strikes. But in recent decades, human activity has made them more common and extreme.

A combination of factors played a role in fuelling forest fires in the Hawaiian island recently:

  • Dry weather:  Drought has gripped about 80% of Hawaii. 90% of Hawaii is getting less rainfall than it did a century ago, particularly since 2008, thanks to the Climate Change.
  • Hurricane winds: Strong winds from Hurricane Dora fuelled the fires.
  • The last major fire in Hawaii occurred in 2018, when winds from Hurricane Lane whipped up the flames around Lahaina.

WILDFIRES IN EUROPE

  • POLAR AMPLIFICATION: The rise in global temperature in the past few years have caused deviations above the normal by as much as 15 degrees in Antarctica, and by more than 3 degrees in the north pole.
  • These unusually higher temperatures in polar regions have also induced changes in old wind patterns.
  • These changes turned western Europe into what has been described as a “heat dome” — a low pressure area that began to attract hot air from northern Africa.
  • Extreme temperatures and a lack of rainfall are serious issues in southern Italy and are linked to climate change.

FOREST FIRES IN THE USA (2022-2023)

  • CHANGES IN JET STREAMS: In the case of the U.S., the record temperatures are being linked to changes in the jet stream — a narrow band of westerly air currents that circulate several kilometres above the earth’s surface.
  • While a conventionally strong jet stream would bring cooler air from the northern Atlantic, in recent years the jet stream has weakened and split into two, leading to intense and more frequent heat waves over parts of the American continent.

FOREST FIRES IN CHILE

  • Reeling under conditions of mega-drought and water crisis due to extreme heatwaves, the Southern-Central Chile experienced serious forest fires in the month of February, 2023.

 VULNERABILITY OF INDIA TO FOREST FIRES

According to the State of Forest Report 2021 brought out by the Forest Survey of India (FSI), approximately 22 per cent area of forest cover in India falls under the highly and extremely fire-prone category.

According to a CEEW (Council on Energy, Environment and Water) study, more than 75% of Indian districts are extreme forest fire hotspots. Over 1000 forest fires throughout India have been recorded in a single week of February this year (2023) which is worrisome!

Numerous incidences of forest fires have been recorded in India since 2022; for instance: Rajasthan’s Sariska Tiger Reserve, Odisha’s Similipal Wildlife Sanctuary, Madhya Pradesh’s Ladkui jungles in Sehore district, near the Kodaikanal hills of Tamil Nadu’s Dindigul district among other areas.

WHAT ARE THE CAUSES OF FOREST FIRES? LET’S FIND OUT!!!

NATURAL CAUSES

  • Lightning: Lightning is much likely to trigger wildfires that are considered dangerous as they spread quickly. E.g; Forest fires in Canada’s British Columbia and Alberta provinces (2023)
  • 90% of forest fires in the boreal forests of northern Canada and Alaska are triggered by lightning.
  • Dry climate: Lack of adequate moisture and soaring temperatures are naturally bound to induce wildfires.
  • According to a study, increased temperatures and resultant aridity have increased the number and spread of forest fires in USA in last 30 years.
  • Volcanism: The spreading of hot lava to surrounding lands causes wildfires when the dry vegetation gets ignited.
  • Rubbing of stones: Forest fires are also triggered by rubbing of dry sticks and rolling of stones.
  • Nature of vegetation: Pine needles are highly fire-prone and so pine forests in the Himalayan states of India are very prone to fires.

ANTHROPOGENIC CAUSES

  • Climate Change: The increasing temperatures and dryness, rising frequency of extreme weather events like heatwaves and droughts have aggravated the situation and resulted in remarkable uptick in the incidences of forest fires throughout the world.
  • The zombie fires in Canada and Siberia have risen with growing dryness in Arctic soils on the account of changing climatic conditions. The Arctic Amplification is responsible for such wildfires.
  • Poaching: The forest fires in Odisha, India are attributed to poaching. The poachers in order to hunt wild animals start wildfires.
  • Shifting cultivation: The faulty agronomic practices like jhumming ignite fires in the adjoining forests is the case with North-East India and Amazon forests in Brazil.
  • Accidental fires: Accidental fires break out due to camp-fires, sparks from vehicular exhaust and cigarettes.
  • Collection of non-timber forest products (NTFPs): According to a World Bank report, people in Central India burn to aid in the collection of flowers from the mahua plant (Fires in Simplipal National Park), during collection of tendua leaves for bidi making etc.

HOW DO FOREST FIRES IMPACT THE ENVIRONMENT, SOCIETY AND ECONOMY? STUDYING IMPLICATIONS THROUGH BROAD SPECTRUM!!!

  • Loss of vegetation cover: The degradation of forests on the account of wildfires changes the landscape and nature of forests inhabiting the region. The open forests and grasslands have increased at the expense of dense forests like Amazon and Congo rainforests.

  • Loss of biodiversity: The hotspots of biodiversity are heavily affected due to forest fires. The loss of precious umbrella species, specialist species and keystone species lead to ecological imbalance, further increasing the risks to survival of species with the tendency for increased inbreeding due to habitat loss and fragmentation.
  • Global Carbon emissions: Wildfires around the world emitted 1.76 billion tonnes of carbon in 2021 according to the European Union’s Copernicus satellite data. This is the equivalent of 6.45 billion tonnes of carbon dioxide and was 148 per cent more than the total fossil fuel emissions of the European Union.

  • Effect on polar areas: The particulate matter released from forest fires has been found in the snow of polar areas, which has the potential to adversely affect the albedo and consequently, cause further warming of the Arctic.
  • Reduction in carbon sinks: The zombie fires in the regions of permafrost further raise apprehensions due to reduction in carbon sinks(peatlands) and release of methane, a greenhouse gas having global warming potential higher than CO2. Peatlands are being destroyed by wildfires which induces positive carbon feedback cycle.
  • Economic losses: When the flames reach areas inhabited by people, they can claim many lives and engulf swathes of productive agricultural lands. The tribal communities dependent on forest produce for livelihood suffer with the loss of timber and non-timber forest produce due to wildfires.
  • Air Pollution and health impacts: The release of toxic gases, particulate matter and creation of haze and smog as result of wildfires poses health challenges due to contaminated air. E.g., Smoke from the Siberian wildfires choked the nearby cities for months and spread across the Pacific Ocean to reach Alaska. 
  • PM2.5 can penetrate the lung membranes when breathed in, damaging the respiratory system and passing into the blood stream.
  • Respiratory and cardiac diseases due to air pollution are much prevalent effects.
  • Degradation of Catchment Areas: Following an incidence of wildfire, increased erosion rates and changes in runoff generation and pollutant sources may dramatically increase the influx of sediments, nutrients and pollutants, potentially contaminating water supplies and leading to environmental concerns like eutrophication and dead zones.

ARE THERE ANY BENEFITS FROM FOREST FIRES? THE ANSWER IS YES!!!

  • In natural forest systems, fire plays a very important role.
  • It is one of the methods for the natural recycling of nutrients often helping the tree species to regenerate.
  • The fire ecology often removes invasive weeds and helps in maintaining habitat for wildlife.

THE EXISTING MEASURES IN INDIA TO ADDRESS THE INCREASING FOREST FIRES

  • Early Warning: The Forest Survey of India developed in 2016, an indigenous “Early Warning Alert System for Forest Fire”. The alerts to State Forest departments are based on parameters like Forest Cover, Forest Type, and Climatic Variables (Temperature and Rainfall).
  • Legislative framework: As per, sections 26 and 33 of the Indian Forest Act of 1927, it is a criminal offense to burn or to allow a fire to remain burning in reserved and protected forests. Section 30 of the Wild Life (Protection) Act of 1972 further prohibits setting fire in wildlife sanctuaries.
  • National Action Plan on Forest Fires (NAPFF): It has been formulated to minimize forest fires by informing, enabling, and empowering forest fringe communities and incentivizing them to work in tandem with the forest departments.
  • Forest Fire Prevention and Management Scheme: In 2017, Intensification of Forest Management Scheme was revised and replaced with Forest Fire Prevention & Management Scheme. It aims at minimising forest fire incidences through partnership with forest fringe communities. It also emphasises on the preparation of a fire danger rating
  • State-level interventions: Over the past 10-15 years, remote sensing has been used extensively for forest fire detection in India. State-level detection and alert systems have also been developed in states of Madhya Pradesh, Andhra Pradesh, Chhattisgarh, Telangana, and Uttarakhand. Telangana is the only state to have digitized locations of fire lines.
  • Draft National Forest Policy, 2018: To protect the interest of tribals, the Draft Policy of 2018 proposes to launch Community Forest Management Mission for management of community forest resources though a participatory forest management

NDMA GUIDELINES TO MANAGE FOREST FIRES

Major recommendations include:

  • Incorporate Forest Fire Prevention and Management (FFPM) in existing policy and planning documents
  • Establish National Forest fire Knowledge Network
  • Capacity building of forest officials for better use of early warning systems
  • Assess risk and prepare vulnerability and risk maps
  • Document national and international good practices and utilise them for making forest fire management more effective and practical
  • Increase community awareness

HOW CAN THE FOREST FIRES BE MITIGATED? STUDYING THE WAY FORWARD!!!

UNEP has projected in its report “FRONTIES REPORT 2022” that the number of wildfires is likely to increase by up to 14% by 2030. The report has made following recommendations:

  • Hazard mapping- Based upon the past experiences and recent occurrences, the regional and national authorities must maintain updated database of forest fires for holistic understanding of trends by the policy makers. National Forest fire Knowledge Network driven by this data should be created.

GLOBAL BEST PRACTICES BASED ON CUMMUNITY PARTICIPATION:

In 2003, Indonesia launched the Fire Care Community programme which established a regional fire alert system that engaged companies and civil society organisations in training forest communities and equipping them to monitor and mitigate fires.

Learning from Canadian best practice (2023): The fire prevention zone — an area carefully cleared to remove fuel and minimise the spread of flames — was created by a logging company owned by a local Indigenous community. A well-placed and well-constructed fire prevention zone can, under the right conditions, save homes and lives.

  • Participatory approach- Appreciating and adopting indigenous fire management techniques can prove much useful since the forest communities are the first to detect wildfires and are the first line of defence.
  • Long-range weather forecasting- The rising frequency of El Nino and marine heatwaves have compounded the risks to forests of the world. It becomes imperative to upgrade the existing weather modelling and forecasting systems through expansion of the global network of sensors and satellites complemented with satellite monitoring.
  • Technological interventions- Focus on remote-sensing capabilities like satellites, ground-based radars lightning detection as well as data handling.
  • Insurance as mitigation tool- Insurers rely on catastrophe modelling (CAT models), which combine hazard models with existing asset vulnerabilities to predict losses. Better collaboration between wildfire scientists and actuaries could enhance CAT modelling and mitigation efforts.
  • Awareness and Capacity building- Community awareness about forest fires due to callousness, illegal activities and Climate Change must be spread. Adequate emphasis must be given to capacity-building of forest officials for better use of early warning systems.
  • Landscape fuel management- Strategies to address the fire behaviour include landscape fuel management to reduce the amount of vegetation and vegetative debris available as fuel or to change its arrangement. Such fuel treatment methods include:
  • clearance of fire lines
  • conducting controlled burning to limit fuel loads
  • silvicultural practices such as selective thinning
  • planting fire-adapted tree species in fire-prone areas.

THE CONCLUSION: Managing wildfire risk requires integrated region-specific approaches that factor in population awareness and preparedness, ignition likelihood, fire spread forecasting, surveillance and early-warning systems, adaptive suppression strategies, fire-regime restoration and management, landscape-scale fuel management, changes in land-use practices, and active restoration of landscapes.

MAINS QUESTIONS FOR PRACTICE:

Q. The frequency of wildfires due to increased atmospheric temperatures has been increasing over the years. Discussing the environmental and socio-economic impact of wildfires, highlight the mechanisms for their mitigation.

Q. In the light of recent incidences of forest fires occurring in the world, analyse the causes of wildfires.  What steps have been taken by the Government of India to address the problem of increasing forest fires?

Q. Climate Change is likely to increase the frequency and intensity of forest fires. Substantiate with the help of recent incidences of forest fires. What are the mitigation measures suggested by the NDMA in this regard?