THE CONTEXT: Recently, the Uniform Civil Code adopted by the Uttarakhand Assembly aims to consolidate the laws relating to marriage, divorce and succession among all communities. The Uttarakhand has become the first state since pre-Independence Goa to adopt a uniform code for civil matters.

WHAT IS UNIFORM CIVIL CODE?

• Uniform civil code in India is the proposal to replace the personal laws based on the scriptures and customs of each major religious with a common set governing every citizen.
• These laws are distinguished from public law and cover marriage, divorce, inheritance, adoption and maintenance.
• It aims to establish a uniform legal framework for all citizens, regardless of their religion.
• Article 44 in the DPSP in Part IV of the Constitution, which states that “the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”.
• Thus, Constitution explicitly states that the state can only “endeavour” to achieve a common code among its citizens, rather than enforce it.

BACKGROUND: DIVERGENT OPINIONS

• When the Constitution makers made the adoption of a UCC one of the directive principles, opinion was divided on whether a UCC will undermine minority rights or promote equal status for women in all religions.
• R. Ambedkar felt the UCC, if enacted, should be voluntary in the initial stages.
• The previous Law Commission had said a UCC is neither desirable nor necessary, and, instead, suggested that each body of personal law be reformed to eliminate discrimination or regressive practices.
• However, the 22nd Law Commission has revived the idea and has started gathering views from the public.

ISSUES:

• Fundamental rights: The implementation of the UCC violates the Fundamental Rights guaranteed by the Constitution, including Article 25 (freedom to profess and practice one’s religion) and Article 29 (right to have a distinct culture). It also contradicts the provisions granted to states like Nagaland and Mizoram.
• Infringe upon minorities right: Major concerns have been raised that its enforcement may infringe upon the rights and distinct practices of minority communities in the state.
• Privacy and rights of individuals: The provisions in Uttarakhand UCC is violative of the Constitution as it aims to formalise live-in relationships through registration. This unwanted incursion into citizens’ personal life is worsened by the prescription of a three-month prison term for non-registration. It will expose citizens to intrusive inquiries, social hostility and pointless deprivation of liberty. It is violative of both rights and privacy of the individuals.
• Erode tolerance and fabric of society: Uniform nation does not necessarily imply a unified nation, it is being believed that the UCC will erode the boundaries of tolerance, despite being non-cognizable.
• Absence of consensus: It is quite obvious that there will be a lack of consensus because it is ultimately the difference of beliefs and ideology that affect a person’s morality. This factor can again make the take of UCC implementation difficult.

THE WAY FORWARD:

• Moderate the personal laws: The personal laws of different religions have unique issues and loopholes mainly due to their inclination towards the patriarchal concept of society. There is a need to bring moderation and balance in the personal laws of the country.
• National integration: Whatever laws and legislation that will be adopted should reflect India’s multiculturalism and preserve its diversity. This will ensure national integration as unity is more important than uniformity.
• Secularism: There is a need to treat every individual equally and for that steps need to be taken to maintain a fair principle of secularity.
• Consultation with Stakeholders: There is a need to make a broader consultation with all the major stakeholders, including religious leaders, legal experts in the process of developing UCC.

THE CONCLUSION:

Though, the implementation of a Uniform Civil Code (UCC) has the potential to enhance both secularism and national integrity in India. However, any decision regarding implementing such decision should include different perspectives and needs of different groups.

UPSC PREVIOUS YEAR QUESTIONS

Q.1 Discuss the possible factors that inhibit India from enacting a uniform civil code for its citizens as provided in the Directive Principles of State Policy. (2015)

Q.2 Communalism arises either due to power struggle or relative deprivation. Argue by giving suitable illustrations. (2018)

MAINS PRACTICE QUESTION

Q.1 Explain the concept of Uniform Civil Code. What are the challenges in its implementation and how can it affect the rights of the citizens?

SOURCE: https://www.thehindu.com/opinion/editorial/towards-uniformity-on-the-ucc-adopted-by-the-uttarakhand-assembly/article67825238.ece

THE CONTEXT: Indian states ruled by opposition parties are protesting the central government’s distribution of tax revenues and imposition of borrowing limits, raising concerns about fiscal federalism principles.

ISSUES:

• Tax Devolution and Revenue Sharing: Karnataka’s Chief Minister protested the Centre’s alleged discrimination in the devolution of tax revenues. The reduction of Karnataka’s share in the divisible tax pool from 4.713 to 3.647 percent between the 14th and 15th Finance Commission awards is a point of contention. This has financial implications for the state, potentially affecting its ability to fund various programs and meet its expenditure needs.
• Borrowing Limits: Kerala’s Chief Minister has moved the Supreme Court against the Centre’s imposing limits on the state’s borrowing powers. The Centre’s actions are seen as encroaching on the state’s fiscal sovereignty, potentially leading to a financial crisis for Kerala by limiting its ability to manage its budget and fund development projects.
• Off-Budget Borrowing: Karnataka and Kerala have engaged in fiscally questionable practices. Kerala has sought to circumvent its net borrowing ceiling by resorting to off-budget loans raised by state-owned entities. This can lead to understating the state’s debt and deficit figures, potentially masking the true extent of its financial liabilities.
• Fiscal Irresponsibility: The ruling Congress in Karnataka has been criticized for its fiscal irresponsibility, particularly for announcing five assembly poll “guarantee” schemes costing the state exchequer an additional Rs 52,000 crore per year. This could exacerbate the state’s financial strain and impact its fiscal sustainability.
• GST and Fiscal Sovereignty: Implementing the Goods and Services Tax (GST) has replaced major sources of revenue for the states, such as the value-added tax. Although the states accepted this loss of fiscal sovereignty through a consensus-building process, there are concerns about the adequacy of compensation for potential revenue losses under the new tax regime.
• Political Implications: The timing of the protests by Karnataka and Kerala, ahead of Lok Sabha elections, and the fact that both states are opposition-ruled suggests a political dimension to these financial disputes. This could lead to politicizing fiscal federalism issues, potentially affecting the cooperative relationship between the Centre and the states.

THE WAY FORWARD:

• GST COUNCIL 2.0: There is a need for a new grand bargain between the Centre and the states to address the issues of tax devolution and resource transfers. This would involve clear and transparent rules for distributing the Centre’s tax proceeds and grants-in-aid.
• Fiscal Equalization: Commissions must move towards fiscal equalization to address the vertical fiscal imbalance. This would require a sense of direction to achieve a more balanced distribution of financial resources between the Centre and the states.
• Transparent Rules for Resource Transfers: The next Finance Commission should frame clear and transparent rules for distributing the Centre’s tax proceeds and grants-in-aid. This would help ensure fairness and equity in the distribution of financial resources.
• Adherence to Fiscal Responsibility: States should strictly adhere to deficit targets and borrowing limits, while the Centre must desist from levying non-sharable cesses and surcharges on taxes. Addressing Fiscal Irresponsibility: States must exercise fiscal responsibility and avoid fiscally irresponsible actions, such as announcing costly guarantee schemes without adequate financial planning.
• Public Support and Effective Implementation: While guarantee schemes may enjoy popular support, ensuring their effective implementation and assessing their impact on public finances is essential. Public opinion and effectiveness assessments should inform the design and implementation of such schemes.
• Cooperative Approach: Both the Centre and the states need to adopt a cooperative approach to address the genuine concerns about fiscal federalism. This would involve constructive dialogue, consensus-building, and a willingness to find mutually acceptable solutions to the financial issues raised.

THE CONCLUSION:

The states demand fairer, clearer, and more transparent fiscal rules that govern tax devolution and borrowing practices, coupled with a collective call for responsible financial governance and equitable treatment by the Centre to maintain the federal balance.

UPSC PAST YEAR QUESTION:

Q.1) Explain the significance of the 101st Constitutional Amendment Act. To what extent does it reflect the accommodative spirit of federalism? (2023)

Q.2) How have the recommendations of the 14th Finance Commission of India enabled the States to improve their fiscal position? (2021)

MAINS PRACTICE QUESTION:

Q.1) Examine the issues related to vertical and horizontal imbalances in tax devolution in the Indian federation, considering recent events involving state protests and the Centre’s fiscal policies. Critically analyze the role of Finance Commissions and the potential impact of the Goods and Services Tax (GST) on fiscal federalism.

SOURCE:

https://indianexpress.com/article/opinion/columns/uttarakhand-uniform-civil-code-young-people-sexuality-9151154/

THE CONTEXT: The debate surrounding Kerala’s protest of the Centre’s imposition of a Net Borrowing Ceiling (NBC) underscores a growing concern over the erosion of fiscal federalism in India. This brings into the limelight the conflict between the constitutional autonomy of states to manage their finances and the Centre’s regulatory mechanisms intended to ensure fiscal discipline and transparency.

THE ISSUES:

• Net Borrowing Ceiling (NBC): The NBC is a limit set by the Centre on the total amount that states can borrow from all sources, including open market operations and loans from state-owned enterprises. Specific to Kerala, the NBC now includes debts incurred by the Kerala Infrastructure Investment Fund Board (KIIFB), which funds infrastructure projects through extra-budgetary routes. Including KIIFB’s debts under the NBC restricts Kerala’s financial autonomy, directly impacting its ability to fund welfare schemes and pensions.
• Constitutional Limits and Fiscal Federalism: Article 293(3) requires states to seek the Centre’s permission to borrow if they have any outstanding federal loans. The imposition of the NBC by the Centre is under this article, which Kerala contends is a violation. Kerala’s legal stance to move to the Supreme Court suggests that the Centre’s decision infringes on the state’s constitutional rights to manage its public debt (Entry 43, State List) and public accounts (Article 266(2)).
• State Fiscal Responsibility and Transparency: Kerala Fiscal Responsibility Act, 2003 mandates reducing the fiscal deficit to 3% of Kerala’s Gross State Domestic Product (GSDP) by 2025-26. Kerala’s fiscal deficit has been reported at 2.44% and the revenue deficit at 0.88% of the GSDP, indicating a responsible fiscal approach compared to the Centre’s fiscal deficit, pegged at 5.8% for 2023-24.
• Impact on Governance and Welfare Implications: The restricted borrowing capacity directly impacts the state’s social obligations, such as funding pensions and welfare programs essential for balanced socio-economic development. The KIIFB’s innovative financial strategy for infrastructure development in Kerala is a model of how state autonomy can be effectively utilized for the public good, which NBC hinders.
• Assessment of Federal Dynamics: The shift in Federal Structure by transitioning from cooperative federalism towards a more ‘annihilative federalism,’ where the Centre’s stringent controls over state finances limit the states’ operational independence. Examination of this shift in India’s federal structure reflects on the long-term implications on centre-state relations and the principle of subsidiarity.
• Borrowing Restrictions: The 15th Finance Commission recommended that 41% of the net proceeds of Union taxes be shared with the states. However, the Centre’s decision to include off-budget borrowings done by states while deciding their borrowing limits led to a sharp decrease in such borrowings. This has been seen as a restriction on states’ ability to borrow and manage their finances, with Kerala particularly affected due to the inclusion of the debt of KIIFB in the NBC.

THE WAY FORWARD:

• Seek Judicial Clarification: Given that Kerala has moved the Supreme Court on the matter, one solution is a judicial review of the constitutional validity of the NBC with respect to Article 293(3) and Article 266(2). The Court’s interpretation could resolve disputes regarding the constitutional limits of the Centre’s authority over state borrowing.
• Review of 15th Finance Commission Recommendations: The issues stemming from interpreting the 15th Finance Commission’s recommendations could be re-examined. States can engage with the Finance Commission or the Union Finance Ministry to advocate their concerns and seek a more nuanced approach that doesn’t infringe on states’ fiscal autonomy while upholding fiscal sustainability.
• Legislative Action: Parliament could consider enacting legislation or amending existing laws (subject to constitutional limits) to clarify the scope of central oversight on state borrowings. This should respect the balance of fiscal federalism and be designed after extensive consultations with states.
• Strengthen Cooperative Federalism: Regular high-level meetings between the Centre and States, through forums like the GST Council or a specially convened fiscal policy council, could help facilitate dialogue. These meetings would aim to negotiate borrowing limits and ensure that states have enough financial leeway to meet their obligations.
• Promote Fiscal Responsibility at the State Level: States can take proactive steps to strengthen their fiscal management, as Kerala has done through the Kerala Fiscal Responsibility Act. By setting clear deficit targets and budget management practices, states can demonstrate their commitment to fiscal prudence, potentially increasing their negotiating power with the Centre.
• Build a Consensus on Public Account Handling: The issue of including public account withdrawals within the NBC could be addressed by building a broader consensus among all states, which can then be presented to the Centre in a united front to exclude such transactions from the borrowing limits.
• Economic Reforms and Growth Promotion: Widening the tax base through economic reforms, boosting the investment climate, and promoting growth in the state’s own-source revenue can be sustainable ways of ensuring sufficient funds for state spending without reliance on borrowings.

THE CONCLUSION:

Kerala’s challenge against the Centre’s Net Borrowing Ceiling (NBC) imposition highlights a significant constitutional dispute over fiscal federalism and state autonomy in financial management. The state argues that the Centre’s restrictions on borrowing, including debts of state-owned enterprises and public account balances, infringe upon its constitutional rights. This legal battle underscores the tension between central oversight and state fiscal independence, potentially reshaping the dynamics of federal-state financial relations in India.

UPSC PAST YEAR QUESTION:

Q.1 Though the federal principle is dominant in our Constitution and that principle is one of its basic features, but it is equally true that federalism under the Indian Constitution leans in favour of a strong Centre, a feature that militates against the concept of strong federalism. Discuss. (2014)

Q.2 The concept of cooperative federalism has been increasingly emphasized in recent years. Highlight the drawbacks in the existing structure and the extent to which cooperative federalism would answer the shortcomings. (2015)

Q.3 How far do you think cooperation, competition, and confrontation have shaped the nature of federation in India? Cite some recent examples to validate your answer. (2020)

Q.4 Public expenditure management was a challenge to India’s government in the context of budget-making during the post-liberalization period. Clarify it. (2019)

Q.5 What are the reasons for introducing the Fiscal Responsibility and Budget Management (FRBM) Act, 2003? Discuss its salient features and their effectiveness critically. (2013)

MAINS PRACTICE QUESTION:

Q.1 Critically examine the contention between the State of Kerala and the Centre over the imposition of a Net Borrowing Ceiling (NBC) concerning Article 293(3) of the Indian Constitution. Analyze the implications of such a ceiling on fiscal federalism and state autonomy, along with its potential impact on state welfare schemes and infrastructure projects.

SOURCE:

https://www.thehindu.com/opinion/op-ed/the-severe-erosion-of-fiscal-federalism/article67818283.ece

THE CONTEXT: Recently, Uttarakhand state Assembly proposed the draft bill Uniform Civil Code (UCC), exploring its implications for India’s diverse social fabric and privacy, particularly about live-in relationships, and examines legislative attempts to balance gender justice with cultural diversity. The discourse reflects historical instances where legal homogenization resulted in negative outcomes, underscoring the need for a nuanced approach to the UCC.

ISSUES:

• Lack of a Working Draft: Initially, no working draft was available for discussion, leading to uncertainties about the government’s proposal. Without a working draft, discussions on the matter are somewhat speculative.
• Concerns Over Uniformity vs. Diversity: UCC might undermine India’s cultural and religious diversity by imposing a homogenized set of laws reminiscent of the British era’s policies that fueled partition. UCC could aim to homogenize the legal system at the expense of cultural nuances, citing the historical example of the Shariat Act of 1937 and its contribution to homogenizing Muslim personal laws, which arguably fueled separatist narratives.
• Provisions of the UCC Draft: The draft seems to largely incorporate provisions from the Special Marriage Act, 1954, and the Indian Succession Act, 1956, with some strategic tweaks, such as making religious conversion a ground for divorce.
• Live-In Relationship Regulations: The draft UCC includes controversial provisions for live-in relationships, such as mandatory registration and the possibility of criminal charges for non-compliance. This raises concerns about privacy and the potential for abuse.
• Definition of ‘Resident’: The UCC’s definition of a resident is broad and could apply the code to individuals who have never lived in Uttarakhand or are temporarily employed there, which could lead to legal complexities. This could include people working for the state or central government within or outside the state, even if they don’t live there.
• Criminalizing Unregistered Live-in Relationships: Making it an offense to be in an unregistered live-in relationship for more than a month appears excessive and punitive, especially in a society where such arrangements might be sought as a step before formal marriage. The requirement that the registrar notify the parents and the police station for partners under 21 years of age could infringe on the autonomy and privacy of young adults.
• Lack of Clarity in Registration Refusal and Appeal: The draft does not explain the consequences of a refusal to register a live-in relationship, nor does it provide a clear appeals process for such a decision. The system, as proposed, could be open to misuse, resulting in harassment and privacy breaches, particularly for inter-faith and inter-caste couples who face social resistance.
• Conflicting Age Provisions within the UCC: The draft seems to have conflicting provisions regarding the marriageable age and the age at which the state must be notified about live-in relationships.

THE WAY FORWARD:

• Political Consensus and Opposition from Religious Groups: Building political consensus and engaging in constructive dialogue with religious groups to address their concerns can help the smooth implementation of the UCC.
• Inclusion of Tribal Communities: The exemption of tribal communities from the UCC in Uttarakhand has sparked debate. Finding a balanced approach that respects the unique practices of tribal communities while working towards a more uniform legal framework for all citizens is essential.
• Gender Justice and Equality: One of the primary objectives of the UCC is to ensure gender justice and equality. Any provisions or amendments should be carefully crafted to uphold these principles.
• Maintenance of Women and Legitimacy of Children: Positive provisions related to maintenance rights for women and the legitimacy of children from live-in relationships should be retained while ensuring that they are implemented practically and non-intrusively.
• Inclusive Approach: The implementation of UCC should be an inclusive process, considering the concerns and perspectives of all stakeholders, including religious and cultural communities, legal experts, and civil society organizations.
• Privacy and Personal Freedoms: Addressing privacy and personal freedoms concerns, especially in live-in relationships, requires carefully reviewing the provisions to ensure they are not overly intrusive or punitive.
• Clarifying Applicability: The term ‘resident’ should be clearly defined to prevent the overextension of the UCC’s jurisdiction and ensure it applies appropriately to those it is intended to govern.
• Reconciliation of Age Provisions: All age-related provisions within the UCC should be consistent with each other and existing national laws to avoid legal confusion and conflict.
• Training and Sensitization: Impart training to registration officers, police, and other relevant authorities to handle sensitive matters related to the UCC, respecting individuals’ dignity and rights.

THE CONCLUSION:

The draft UCC, while aiming for equality and legal simplicity, overreaches in privacy and personal autonomy, demanding meticulous revision for practical enforcement without infringing on individual rights. It is vital to promote gender justice and legal uniformity while fostering and respecting the inherent diversity that defines the ethos of India.

UPSC PAST YEAR QUESTION:

Q.1) Discuss the possible factors that inhibit India from enacting a uniform civil code for its citizens as provided in the Directive Principles of State Policy. (2015)

Q.2) Given the diversities among tribal communities in India, in which specific contexts should they be considered as a single category?(2022)

Q.3) Communalism arises either due to power struggle or relative deprivation. Argue by giving suitable illustrations.(2018)

MAINS PRACTICE QUESTION:

Q.1) India’s quest for enacting a Uniform Civil Code (UCC) has been a subject of debate since the country’s independence. Analyze the potential implications of implementing a UCC on the diverse fabric of Indian society, especially in light of the proposed draft by the State of Uttarakhand.

SOURCE:

https://www.barandbench.com/columns/uniform-cut-and-paste-quick-appraisal-uttarakhand-uniform-civil-code-bill

THE CONTEXT: A few months ago, India’s drug regulator Central Drugs Standard Control Organisation (CDSCO), approved the market authorisation for NexCAR19, India’s first indigenously-developed CAR-T cell therapy. This paves the way for the commercial launch of this therapy in India, where it is expected to be available to cancer patients at a tenth of the cost abroad. Recently, a 64-year-old former army doctor has become the first patient in the country to be free of cancer cells after being administered this therapy.

RECENT DEVELOPMENTS:

• For decades, oncologists have relied on chemotherapy, radiation and surgery to treat cancer patients which the primary methods to treat the dreaded disease. In the past two decades, however, research has extended the frontiers of anti-cancer interventions.
• Drugs have been developed to home in on the molecules cancer cells require to survive and spread. Immune system-boosting drugs have shown the ability to shrink tumours in some patients with advanced malignancy.
• CAR T-cell therapy is among the most promising recent developments, especially because it has shown the ability to eradicate advanced leukemias and lymphomas. Most of the early research in this field was conducted in laboratories in the US, Europe and China.
• In October, 2023, India joined this elite list after the country’s drug regulator approved a CAR T-cell therapy incubated at Tata Memorial Centre and IIT Bombay laboratories.

WHAT IS CAR-T CELL THERAPY, AND HOW DO CAR-T CELLS FIND AND DESTROY CANCER CELLS?

• CAR-T is a revolutionary therapy that modifies immune cells, specifically T-cells, by turning them into potent cancer fighters known as CAR-T cells.
• T-cells are special cells (white blood cells) whose primary function is cytotoxic, meaning it can kill other cells.
• T-cells are then put back into the body, and they go after cancer cells especially in blood cancers like leukaemia and lymphomas.
• CAR T-cell therapies are customised for each patient. The treatment is far less difficult for the patient compared to several sessions of chemotherapy.
• Laboratory and animal studies have shown that India’s homegrown therapy has significantly fewer side effects compared to those developed in the West.

How effective and different is this from other cancer treatments like, say, chemotherapy?

• While chemotherapy and immunotherapy may add a few months or years to a cancer patient’s life, cell-and-gene therapy is designed to cure and provide lifelong benefit.
• It makes treatment easier with a one-time therapy unlike several sessions of chemotherapy. It is a lifeline for non-responsive cancer patients.

NEXCAR19:

• NexCar19 is a type of CAR-T and gene therapy developed indigenously in India by ImmunoACT, which is a company incubated at IIT Bombay.
• The therapy is designed to target cancer cells that carry the CD19 protein. This protein acts like a flag on cancer cells, which allows CAR-T cells to recognise and attach themselves to the cancer cells and start the process of elimination.
• India is now one of the first developing countries to have its indigenous CAR-T and gene therapy platform.
• The therapy is for people with B-cell lymphomas who didn’t respond to standard treatments like chemotherapy, leading to relapse or recurrence of the cancer.
• Recovery typically occurs within two weeks after one cycle of the treatment. Approximately 70% of patients respond to the treatment, with variations between leukaemia and lymphoma cases. About 50% of these responsive patients achieve a complete response.

SIGNIFICANCE OF THERAPY:

• Lower drug-related toxicities: Laboratory and animal studies have shown that it leads to significantly lower drug-related toxicities.
• Minimal damage to neurons: It causes minimal damage to neurons and the central nervous system, a condition known as neurotoxicity. However, neurotoxicity can sometimes occur when CAR-T cells recognise the CD19 protein and enter the brain, potentially leading to life-threatening situations.
• Minimal Cytokine Release syndromes: The therapy also results in minimal Cytokine Release Syndrome (CRS), which is characterised by inflammation and hyperinflammation in the body. Inflammation are caused due to the death of a significant number of tumour cells, as CAR-T cells are designed to target and eliminate cancer cells.

ISSUES RELATED TO THERAPY:

• Affordability: Cancer incidence and mortality continue to rise driven by spikes in the Global South. In India, where the disease claims about 8 lakh people every year, treatment is expensive for an overwhelming section of the population. Critics argue that developing CAR T-cell therapy in India may not be as cost-effective as it will still be unaffordable for most people.
• Accessibility: High costs and the need for specialized infrastructure for production and administration remain significant barriers to widespread adoption and accessibility.
• Preparation: One of the issue faced by CAR T-cell therapies is its preparation that has been major hindrance to their widespread use. CAR T-cell therapy requires technical and human resources, making it challenging to administer.
• Side Effects: The potential side-effects of CAR T-cell therapy is also significant which are associated with cytokine release syndrome and neurological symptoms.

THE CONCLUSION:

The development of indigenous CAR-T cell therapy in India marks a significant advancement in the country’s healthcare landscape. Researchers and planners must work to cut costs of the therapy to lower the cancer mortality rates in the coming decades.

UPSC PREVIOUS YEAR QUESTIONS

Q.1 What are the research and developmental achievements in applied biotechnology? How will these achievements help to uplift the poorer sections of society? (2021)

Q.2 COVID-19 pandemic has caused unprecedented devastation worldwide. However, technological advancements are being availed readily to win over the crisis. Give an account of how technology was sought to aid the management of the pandemic. (2020)

MAINS PRACTICE QUESTION

Q.1 Highlight the significance of the development of indigenous CAR-T cell therapy in India. Discuss the challenges in terms of its accessibility and affordability for cancer treatments in the country.

SOURCE: https://indianexpress.com/article/opinion/editorials/express-view-on-indias-car-t-cell-therapy-taking-cancer-on-9149692/

THE CONTEXT: Ever since the start of the Fourteenth Finance Commission award period (2015-16), the Union government has been reducing financial transfers to States. This is in contrast given that the Fourteenth Finance Commission recommended devolving 42% of Union tax revenues to States, which is a clean 10 percentage points increase over the 13th Finance Commission’s recommendation. The Fifteenth Finance Commission retained this recommendation of 41%, excluding the devolution to Jammu and Kashmir (J&K) and Ladakh, which were recategorised as Union Territories.

ISSUES

• Weakening of cooperative federalism: The Union government’s moves are reducing the aggregate financial transfers to States. The Union government has not only reduced the financial transfers to States but also increased its own total revenue to increase its discretionary expenditure. The discretionary expenditures of the Union government are not being routed through the States’ Budgets, and, therefore, can impact different States in different ways.
• Lesser share for states in gross tax revenue: The Finance Commissions recommend the States share in the net tax revenue of the Union government. Though the Fourteenth and Fifteenth Finance Commissions recommended 42% and 41%, respectively, of the net tax revenue to be the shares of States, the share of the gross tax revenue was just 35% in 2015-16 and 30% in 2023-24. While the gross tax revenue of the Union government increased from ₹14.6 lakh crore in 2015-16 to ₹33.6 lakh crore in 2023-24, the States’ share in the Union tax revenue increased from ₹5.1 lakh crore to ₹10.2 lakh crore between these two years. In other words, the gross tax revenue of the Union government more than doubled while the share of States just doubled.
• Decline in Grants in aid: Grants-in-aid to States is another statutory grant recommended by the Finance Commission. The grants-in-aid to States declined in absolute amount from ₹1.95 lakh crore in 2015-16 to ₹1.65 lakh crore in 2023-24. Thus, the combined share of the statutory financial transfers in the gross tax revenue of the Union government declined from 48.2% to 35.32%.
• Increasing cess and surcharge: The Union government is increasing tax collection under cess and surcharge categories mainly to implement its own schemes in specific sectors, and at the same time, the revenues so raised need not be shared with the States.
• More centralisation of public expenditure: When the financial transfers to States either as tax devolution or grants-in-aid decline this leads to availability of larger discretionary funds for the Union government to spend. This could affect the equity in distribution of financial resources among States.
• Increase in allocation for CSS: The Union government has two other routes of direct financial transfers to States, i.e., Centrally Sponsored Schemes (CSS) and Central Sector Schemes (CSec Schemes). Between 2015-16 and 2023-24, the allocation for CSS increased from ₹2.04 lakh crore to ₹4.76 lakh crore through 59 CSS. Thus, the Union government compels the State to spend more.
• Inter state inequality: This creates two different effects in terms of inter-State equity in public finances. Wealthy States can afford to commit equivalent finances and leverage Union finances inwards through the implementation of CSS. Less wealthy States will have to commit their borrowed finances in these CSS, thus increasing their own liabilities. These differential trajectories of the public finances of States accentuate inter-State inequality in public finances, the major reason being CSS.
• Scope for anti-federal fiscal policies: Together with statutory grants, the total financial transfers as a proportion to gross tax revenue were only 47.9% in 2023-24. Further, the non-statutory grants are tied grants, i.e., they have to be spent on specific schemes for which the grants are allocated. This reduces the freedom of States in conducting public expenditure.
• More power to Union government: In addition to retaining more than 50% of gross tax revenue, the Union government incurs a fiscal deficit to the extent of 5.9% of Thus, the Union government wields enormous financial powers with limited expenditure responsibilities.

THE WAY FORWARD:

• Increase the devolution: There is a need to increase the devolution of states to bring the cess and surcharges collections under a divisible pool, given that these are legitimate revenues and states do not have these additional leverages. By this inclusion, States will get a bigger pie of devolution from the Centre’s net proceeds to meet their expenditure commitments.
• Consensus Building: There is a need for collaboration and consensus building between the Centre and States for open discussions on fiscal matters. Finance commission can act as a mediator and facilitator in fostering dialogue.
• More weightage to fiscal efficiency: The Finance commission can give more weightage to fiscal efficiency in its criteria for transfers. By emphasizing fiscal consolidation and measuring the tax effort of States, the FC can encourage responsible financial management.
• Addressing Fiscal Disparities: There is a need to address the disparities between states by providing financial transfers to less economically developed states. Revenue deficit grants and other means can help bridge the fiscal gap and supports states with limited revenue-raising capacity.
• Promoting Cooperative Federalism: There is a need for an institutional mechanism that fosters cooperative federalism by facilitating intergovernmental fiscal transfers. It encourages collaboration and coordination between the Centre and the States, fostering a sense of shared responsibility in fiscal matters.
• Strengthening Fiscal Discipline: There is a need to promote fiscal discipline and accountability of states as well. It can be done by assessing the fiscal performance and needs of the States, to encourage responsible fiscal behaviour and to discourages unnecessary spending practices.

THE CONCLUSION:

There is constant fall of finances allocated to state from the Union government which is harming not only federalism in the country but hitting fiscal health of the nation. There is a need for constant review of the financial health of States and make periodic recommendations based on the evolving economic scenario.

UPSC PREVIOUS YEAR QUESTION

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

MAINS PRACTICE QUESTION

Q. The Centre’s tax devolution to the States, which has been consistently falling short of the Finance Commission’s recommendation is a bad sign for cooperative federalism. Comment.

SOURCE: https://www.thehindu.com/opinion/lead/the-unions-reins-on-financial-transfers-to-states/article67818520.ece

THE CONTEXT: The Reserve Bank of India imposed restrictions on Paytm Payments Bank due to non-compliance issues identified through audits, affecting its operations and parent company’s (One97 Communications) stock value. Regulatory measures have previously been enacted, indicating ongoing challenges with compliance, impacting customer onboarding and financial partnerships. The situation underscores the need to balance strict regulation and support for fintech innovation.

THE ISSUES:

RBI Sanctions on Paytm Payments Bank: The Reserve Bank of India (RBI) has imposed restrictions on Paytm Payments Bank, barring it from accepting new deposits and engaging in credit transactions. These measures were implemented due to a system audit report finding consistent non-compliance and supervisory concerns.

Impact on Paytm’s Parent Company Stock Value: One97 Communications, Paytm’s parent company, has seen a significant drop in its share value, which decreased by over 42% in just five days following the RBI’s actions.

Previous Instances of Non-Compliance: Paytm Payments Bank has had past issues with regulatory compliance, which led to the RBI imposing fines and halting the onboarding of new customers. Incidents included the bank’s inability to identify beneficial owners of entities on its platform and delays in reporting cybersecurity incidents.

Challenges in Maintaining and Building Financial Relationships: Due to ongoing compliance issues, it may become difficult for Paytm Payments Bank to sustain its existing financial relationships and create new ones. Analysts suggest lenders might reconsider their partnerships with the bank due to its regulatory track record.

Paytm Payments Bank’s Market Position: Paytm is a significant player in the Indian fintech space, with many wallets, bank accounts, and KYC-verified customers, and is the largest issuer of FASTags.

Consequences for Merchants and Consumers: CAIT has advised small traders to switch to other payment modes because of possible disruptions, underscoring the operational impact of the RBI’s measures on the wider market.

Compliance vs. Innovation: All financial entities adhering to regulatory standards without stifling innovation should be paramount. However, regulatory interventions need to be transparent and mindful of the effects on users to support the growth of the digital economy.

THE WAY FORWARD:

Address Compliance Concerns: Paytm Payments Bank should take immediate steps to address the non-compliance issues identified by the regulatory authorities. This includes improving their KYC processes and ensuring adherence to all regulatory requirements.

Enhance Regulatory Oversight: The RBI should monitor Paytm Payments Bank’s operations closely and conduct regular audits to ensure compliance. This will help identify potential issues early on and prevent them from escalating.

Improve Transparency and Communication: Paytm and the RBI should improve transparency by providing clear communication to customers, merchants, and other stakeholders regarding the regulatory actions taken and the steps being taken to rectify the compliance issues. This will help rebuild trust and confidence in the platform.

Strengthen Internal Controls: Paytm Payments Bank should strengthen its internal control mechanisms to prevent future non-compliance incidents. This may include implementing robust systems for identifying beneficial owners, improving cybersecurity incident reporting, and conducting regular internal audits.

Collaborate with Lending Partners: Paytm should proactively engage with its lending partners, addressing any concerns they may have regarding regulatory issues. Building strong relationships and assuring partners of the company’s commitment to compliance can help mitigate any potential reconsideration of partnerships.

Learning from the Crisis: The Paytm crisis teaches fintech startups the importance of good governance practices, building compliant and robust systems from day one, and avoiding regulatory pitfalls.

Cost Management and Operational Efficiency: Paytm may need to focus on cost management and improving operational efficiency to ensure sustainability and profitability in the long term.

THE CONCLUSION:

The authorities must aim for transparency in their regulatory interventions to ensure stakeholders understand the reasons behind such measures and the actions to resolve issues. While entities like Paytm Payments Bank must align with regulatory standards, the broader goal should be to foster an environment where innovation is not unduly restrained, ensuring the healthy growth of the digital economy.

UPSC PAST YEAR QUESTIONS:

Q1) Implementing information and Communication Technology (ICT) based Projects / Programs usually suffers regarding certain vital factors. Identify these factors and suggest measures for their effective implementation. (2019)

Q2) E-Governance is not only about utilizing the power of new technology but also much about the critical importance of the ‘use value’ of information. Explain. (2019)

Q3) In the light of the Satyam Scandal (2009), discuss the changes brought in corporate governance to ensure transparency and accountability. (2015)

MAINS PRACTICE QUESTION:

Q1) Examine the regulatory challenges faced by digital payments banks in India with a special focus on the recent actions taken by the Reserve Bank of India against Paytm Payments Bank. Discuss the implications of such regulatory measures on the digital economy and the innovation ecosystem.

SOURCE:

https://indianexpress.com/article/opinion/editorials/express-view-on-rbi-action-against-paytm-payment-blocked-9145840/https://indianexpress.com/article/opinion/columns/india-population-growth-nirmala-sitharaman-committee-on-population-growth-union-budget-2024-viksit-bharat-goal-9145815/

THE CONTEXT: In the past decade, improving sanitation coverage has been one of the key public policy miracles in India. It is in line with access to water and sanitation which is Goal 6 in the 17 Sustainable Development Goals envisaged by the United Nations. However, despite various measures there are few rising concerns regarding issues in sanitation.

BACKGROUND:

• Public sanitation programmes have a long history in the country, beginning with the launch of the highly subsidised Central Rural Sanitation Programme (CRSP) in 1986.
• The Total Sanitation Campaign in 1999 marked a shift from a high subsidy regime to a low subsidy one and a demand-driven approach.
• The public sanitation programme evolved as a mission in 2014 under the Swachh Bharat Mission-Grameen (SBM-G) to make India Open Defecation Free (ODF) by October 2019.
• According to information by the Government of India, sanitation coverage in the country improved from 39% in 2014 to 100% in 2019.
• Encouraged by the achievements under the SBM, the government launched Phase II of the SBM-G. The focus here was on the sustainability of initial achievements by promoting solid and liquid waste management and covering those households left out earlier.
• The government aims to transform India from ODF to ODF Plus by 2024-25. Around 85% of villages in India have become ODF Plus, according to government data.
• Nevertheless, this impressive performance also needs to be viewed from the perspective of behavioural change, which will usher in sustainability in a true sense.

 OPEN DEFECATION FREE STATUS:

• ODF: An area can be notified or declared as ODF if at any point of the day, not even a single person is found defecating in the open.
• ODF+: This status is given if at any point of the day, not a single person is found defecating and/or urinating in the open, and all community and public toilets are functional and well maintained.
• ODF++: This status is given if the area is already ODF+ and the faecal sludge/septage and sewage are safely managed and treated, with no discharging or dumping of untreated faecal sludge and sewage into the open drains, water bodies or areas.

ISSUES:

• Unused despite construction: The construction of toilets does not automatically lead to their use. A National Sample Survey Office (NSSO) survey (69th round), showed that in 2012, when 59% of rural households had no access to a toilet, 4% of individuals who had access reported not using the facility. The primary reasons for not using one were not having any superstructure (21%), the facility malfunctioning (22%), the facility being unhygienic/unclean (20%), and personal reasons (23%).
• Variations: There are variations across surveys of the percentage of households having access to toilets and their uses. The more comprehensive National Annual Rural Sanitation Survey (NARSS)- Round-3 (2019-20), conducted by the Ministry, shows that 95% of the rural population had toilet access in India. However, the same report suggests that only 85% of the rural population used safe, functional, and hygienic toilets. Assuming that the same percentage of people have toilet access as the households, the gap rises to 10% between access to toilets and their use.
• Household size: The econometric models show that along with economic conditions and education, toilet use depends on household size. The higher the household size, the greater the chances of not using the toilet. Overcrowding prevent all household members from using the same toilet. Phase II of the programme does not have any criteria mandating multiple toilets for households larger than a certain size. Neither does it have any provision for building an attached bathroom.
• Jal Jeevan Mission (JJM): The Jal Jeevan Mission (JJM) programme was launched to provide tap water to each household by 2024. Nevertheless, no relation has been observed between per capita central expenses made on the JJM and the percentage of villages declared ODF Plus across States. Neither is there any relation between the percentage of ODF Plus villages in a State and households having tap connections.
• Social norms: Social norms that act through social networks play a significant role in toilet construction and use. Examining the networks through which others influence people for their sanitation behaviour, it is observed that the size and characteristics of these networks can be different in various parts of the country.
• Socio economic issues: In one of the upper caste-dominated villages, lower castes find it difficult to make social norms acceptable and enforceable. Hence, sanitation decisions are less likely to be taken independently.
• Lack of synergy: Around 10 crore toilets were constructed between 2014 and 2019 during the initial phase of the SBM-G. There are separate programmes for each of these basic needs, but they are not well coordinated. The lack of overall planning in India has led to a lack of synergy of programmes despite high levels of expenditure in fulfilling basic needs. Uncoordinated efforts often lead to an inefficient utilisation of precious public finances.

THE WAY FORWARD:

• Collective behaviour change: The collective behavioural change in the nation needs to take place. As studies suggest that behavioural change in sanitation cannot happen independently. It is contingent upon social networks and an overall improvement of living standards, including better housing and access to basic services.
• Covering left out households: The left-out households appear substantial and need to be covered in SBM Phase II. The government should identify the shortcomings of the previous phase and cover the gaps in the present phase.
• Civil society participation: Sanitation Policies and Programs should facilitate the participation of civil society including women in the design, implementation and monitoring of local priorities in rural and urban areas.
• Effective monitoring: There is a need for strengthening of institutions for efficient monitoring and evaluation for improved accountability and implementation.
• Conduct analysis and assessment: An analysis to examine policies, governance structures, and funding is needed. An assessment is necessary for updated figures on schemes coverage and compliance in health facilities. It will form the basis for prioritising policies and mobilising resources.

THE CONCLUSION:

There have been significant improvements in public health since sanitation systems and schemes have been implemented but universal access to safely managed sanitation services remains a challenge. The government needs to identify the shortcomings in the existing programme to transform India from open defecation free to open defecation free-plus status by 2024-25.

UPSC PREVIOUS YEAR QUESTION

Q. What are the impediments in disposing the huge quantities of discarded solid waste which are continuously being generated? How do we remove safely the toxic wastes that have been accumulating in our habitable environment? (2021)

MAINS PRACTICE QUESTION

Q. Despite significant improvement in sanitation coverage in the country from 39% in 2014 to 100% in 2019, it is facing several constraints. Identify the socio economic and behavioural constraints and justify with data and figures and suggest the measures to address the shortcomings.

SOURCE: https://www.thehindu.com/opinion/lead/a-critical-view-of-the-sanitation-miracle-in-rural-india/article67814953.ece

THE CONTEXT: Recently, during the inaugural session of the new Parliament, controversy erupted after Members were gifted copies of the Indian Constitution, where the Preamble appeared to have omitted the terms ‘Socialist’ and ‘Secular’. This was followed by civil society debate on whether either of these terms defined the true spirit of the Constitution.

CRITICAL ANALYSIS:

• Preamble enforcing the republican character: The enactment of the Constitution is seen as the culmination of a decades-long process of dialogue among contending political actors, with focus on character of the envisaged republic. The preamble explicitly enforce this legitimising ends of the republic in terms of securing justice (social, economic and political), liberty (of thought, expression, belief, faith and worship), and equality (of status and of opportunity) to all Indian citizens.
• Spirit of the term ‘we the People’: The emphasis on the revolutionary potential of the Constitution is rooted in the spirit of “We the People.” The reduction of sovereignty of the “political community” to mere state sovereignty, reduces the constitutional promises. The Constitution can only remain a living force in our democracy as long as the phrase, ‘we the people’, can somehow approximate to a citizens which effectively discharges its agency as vigilant participants.
• Tendency to marginalize non-elite counter-sphere: There is distinction between the elite public sphere and the non-elite counter-sphere in civil society. There is an inertia of the elite public sphere in addressing constitutional challenges. It highlights the potential danger of marginalizing non-elite counter-sphere movements as emotional or sectional. There is potential loss of liberatory potential if the counter-sphere is not given equal standing in civil society.
• Popular sovereignty: The meaning or character of our popular sovereignty is often treated as a convenient myth or as a purely abstract assumption in our civil society discussions. In this respect, the constitutional scholar Sarbani Sen argued in her book, The Constitution of India: Popular Sovereignty and Democratic Transformations, the revolutionary potential of the Constitution inheres in this very spirit of popular sovereignty.

DIFFERENT PERSPECTIVE

Ambedkar’s framing of the Preamble and his emphasis on morality as a governing principle:

• R. Ambedkar had framed the Preamble for a “way of life, which recognizes liberty, equality, and fraternity as the principles of life and which cannot be divorced from each other.
• Liberty cannot be divorced from equality; equality cannot be divorced from liberty. Nor can liberty and equality be divorced from fraternity.
• Without equality, liberty would produce the supremacy of the few over the many. Equality without liberty would kill individual initiative”.
• Equally, he refused to harbour naive presumptions about the self-perpetuating character of these constitutional principles.

Gandhi’s concept of ‘Swaraj’ as a creative process of self-realization and the importance of dialogue and empathy:

• It is enlightening to juxtapose Ambedkar’s plea for a transcendent civil morality with Gandhi’s conception of swaraj or ‘self-rule’. In the monograph, Unconditional Equality: Gandhi’s Religion of Resistance (2016), historian Ajay Skaria explains that ‘Swaraj’ for Gandhi did not confine itself to a mechanistic self-rule, but a creative process of self-realisation through which one might reach out towards a more secure and substantive plane of freedom and equality.
• The means to achieve Swaraj was thus ‘satyagraha’ which is defined as “truth force” and “love force”. For Gandhi, sovereign power is not exemplified only in the state. Rather, every self is deeply divided, and sovereignty is universal which is always exercised by the self.

THE WAY FORWARD:

• Engage in dialogue: There is a need to move beyond chauvinistic pride and engage in honest, introspective dialogue. It can be done by promoting empathetic engagement and dialogue to foster mutual understanding. This is not the shallow but the commonplace mode of dialogue but a form of debate focused on achieving a framework of objectively correct knowledge.
• Understand the position of alternative views: The particular form of dialogue stressed by Gandhi, Ambedkar and modern theorists of deliberative democracy seeks to understand the position of the ‘other’. It is through this empathetic engagement with the concerns and the world views of ‘others’ that we can build a stable foundation of mutual self-understanding, thus opening up possibilities for genuine solidarity.
• Inclusive and plural civil society: There is a need to advocate for an inclusive and plural civil society that recognizes the equal standing of all communities. It is like having a civil society that functions as the handmaiden of an authoritarian state.
• Encourage active participation: There is a need to encourage active participation in civil society, especially from non-elite counter-sphere movements. But the alternative is a civil society with little self-knowledge beyond chauvinistic pride, and little agency beyond being the handmaiden of an increasingly authoritarian state.

THE CONCLUSION:

It becomes clear that a progressive civil society in India can only be a plural civil society, if it is structured on the free and equal participation of every community. In this respect, emphasizing the need to understand popular sovereignty as a dynamic force rather than a static concept is the need of the hour.

UPSC PREVIOUS YEAR QUESTION

Q. Can Civil Society and Non-Governmental Organisations present an alternative model of public service delivery to benefit the common citizen? Discuss the challenges of this alternative model. (2022)

MAINS PRACTICE QUESTION

Q. Highlight the significance of inclusive dialogue, empathy, and a pluralist civil society for the true realization of constitutional principles.

Source: https://www.thehindu.com/opinion/lead/the-path-towards-a-pluralist-civil-society/article67811543.ece

THE CONTEXT: The WTO’s Dispute Settlement Mechanism is currently facing a deadlock due to the United States’ resistance to appoint new members to its Appellate Body. This deadlock has led to the inability to enforce rulings, thus diminishing the WTO’s capacity to resolve trade disputes effectively. The 13th ministerial meeting in Abu Dhabi aims to address this crisis and explore potential resolutions to revitalize WTO’s DSM by forging a consensus among member nations.

ISSUES:

• Crisis in Dispute Settlement Mechanism (DSM): The impasse due to the United States blocking appointments to the AB since the end of 2019 crippled the appellate body. Countries bypass compliance with WTO panel rulings by appealing to a dysfunctional appellate body. There is a threat to a rules-based global trading system due to the inability to enforce dispute settlements.
• US Obstructionism: The US’s resistance to the appellate body is strategic blocking, stemming from its loss in several critical disputes. The USA desires to limit the judicial nature of international trade dispute resolutions (De-Judicialization).
• Voluntary vs. Mandatory Jurisdictions: The Multi-Party Interim Appeal Arbitration Arrangement (MPIA) is voluntary, which carries forward the critical implications of non-binding awards on non-parties. There is a proposal to allow countries to opt out of compulsory jurisdiction and its potential ramifications.
• Legal Certainty and Predictability: A diluted Appellate Body has serious consequences of a weakened Appellate body and the potential loss of jurisprudence and clarity in WTO law. There is a risk to the stability and predictability of global trade due to a weakened dispute resolution mechanism.
• Differential Impacts on Developing Countries: A weakened or optional DSM mechanism might disadvantage developing countries like India. The absence of a binding appellate body could affect the reliance on established WTO jurisprudence for future rulings and erosion of legal precedents.
• Strategic Considerations for India and Other Developing Countries: India and other developing nations have the strategic push to re-establish a fully functional appellate body. India and like-minded nations are negotiating various options and looking for strategic impacts in pursuing a fair and effective DSM.
• Legitimacy and Equity in Global Trade Governance: Drawing parallels with the non-compulsory nature of the ICJ as a potential model for a voluntary appellate mechanism. Evaluating the proposal for a selective AB and its potential to maintain integrity within the WTO system.

THE WAY FORWARD:

• Revitalization of the Appellate Body (AB): Discuss and deliberate upon the strategies for fully restoring the AB as it operated before 2019. Consider reform options acceptable to major WTO players, especially the US.
• Adoption of the Multi-Party Interim Appeal Arbitration Arrangement (MPIA): Evaluation of steps to enhance the MPIA’s framework effectiveness during the AB impasse. Institutionalization for the MPIA to serve as a permanent alternative to the AB.
• Considering a Diluted AB: Detailed Analysis of a compromised version of the AB with limitations to address certain member concerns. There is a need to investigate the Implications of a diluted AB’s decisions on future WTO jurisprudence.
• Strengthening the Panel Stage of Dispute Resolution: Measures to enhance the quality of panel findings to reduce reliance on the appellate stage. Looking into the Viability of making panel decisions more conclusive in the absence of the AB.
• Ensuring Predictability and Security in Trade: Maintaining a Rule-Based System so that the Role of WTO to provide a predictable and safe global trading environment remains intact. Use the established AB rulings to maintain continuity and predictability.
• Building Consensus Among Members: Strategic alliances among members, especially developing countries, advocating for a functional DSM. Approaches to persuade reluctant members to support the restoration of a fully functional DSM need to be advocated by developing nations.
• Learning from Other International Adjudicative Bodies: Drawing Insights from the experience of the ICJ to navigate voluntary participation in the AB. Ensuring the continued legitimacy and relevance of WTO in the international legal order.
• Engaging in Strategic Flexibility: Willingness to work with interim measures while striving for the ideal long-term solution. A deep Assessment of the feasibility and effectiveness of interim arrangements for India and other developing countries is needed.

THE CONCLUSION:

WTO faces a crucial juncture where decisive action is imperative to preserve the integrity of the DSM. Developing countries must collectively pursue viable interim solutions while advocating for the restoration of the Appellate Body to uphold the rule of law in international trade. The upcoming negotiations present an opportunity to reaffirm commitment to a functional, equitable, and binding dispute settlement mechanism within the WTO framework.

UPSC PAST YEAR QUESTION:

Q. What are the key areas of reform if the WTO has to survive in the present context of the ‘Trade War’, especially keeping in mind the interest of India? (2018)

MAINS PRACTICE QUESTION:

Q. Examine the challenges posed by the current crisis in the WTO’s Dispute Settlement Mechanism (DSM) and analyze the potential solutions and their implications for the multilateral trading system.

SOURCE:

https://indianexpress.com/article/opinion/columns/ukraine-war-gaza-conflict-middle-east-strikes-risk-management-political-risk-9144168/

THE CONTEXT: Considering the postponed decennial Census, the proposal for a high-powered committee to assess demographic challenges highlights India’s evolving population dynamics, marked by a declining fertility rate amidst regional discrepancies. It underscores the urgency of navigating the entwined socio-economic issues—job adequacy and social security for an aging population—to capitalize on the country’s demographic dividend without succumbing to divisive political narratives.

ISSUES:

• Delay in the Census and its Implications: The unprecedented postponement of the decennial Census, which has been a consistent exercise since 1881, creates a data vacuum on contemporary demographic patterns. Without current census data, the Indian government lacks the direct evidence needed to address issues affected by population changes.
• Population Growth and Fertility Rates: India’s Total Fertility Rate (TFR) has dropped significantly, indicating that population growth, like the 20th century’s rate, is no longer the norm. Regional Variations in TFR and Higher fertility rates in certain states suggest uneven demographic transitions, necessitating state-specific policy interventions. For instance, the total fertility rate (TFR) in India has fallen to 2 overall, with only a few States — Bihar (2.98), Meghalaya (2.91), Uttar Pradesh (2.35), Jharkhand (2.26) and Manipur (2.17) — having a TFR above 2.1.
• Demographic Shifts and Socio-Economic Impact: Southern states’ reduced population share reflects the impact of better socio-economic outcomes and education on population dynamics. The population share of the southern States was reduced to 21% in 2011 from 26% in 1951. The rise in life expectancy presents both challenges in terms of elderly support and opportunities for tapping into the experience of older cohorts.
• Demographic Dividend and Employment: The demographic dividend is underutilized due to limited job creation, high unemployment, and insufficient focus on skilled jobs. Social safety nets are needed to secure the aging working population, ensuring sustainability in the workforce.
• Urbanization and Mechanization: Addressing issues stemming from rapid urbanization, including infrastructure, housing, and essential services. The mechanization and automation of work pose threats and opportunities; policies must adapt to these changing labor dynamics.
• Political Narratives and Governance Focus: Concerns about a committee prioritizing politically motivated issues such as religion or immigration over core demographic challenges. Emphasizing the importance of a governance approach that objectively focuses on demographic data for the country’s overall development.

THE WAY FORWARD:

• Expedite the Census for Policy Guidance: Prioritize and expedite the organization of the decennial census to provide an accurate, up-to-date demographic database for informed policymaking. Utilize comprehensive data from the Census to determine the specific needs and priorities across different regions.
• Evidence-Based Policy rather than Politically Charged Narratives: Ensure that the committee addressing population growth focuses on scientific data and demographic trends instead of political or religious biases. Promote an inclusive approach that incorporates the views of various stakeholders and communities, fostering national unity and social cohesion.
• Addressing Fertility Rate Variations: Implement state-specific programs to address high TFRs where necessary, focusing on education, healthcare, and women’s empowerment. Augment family planning services, particularly in states where TFR remains high, ensure easy and respectful access to reproductive health services.
• Leveraging the Demographic Dividend: Develop policies that stimulate job creation, particularly focusing on the manufacturing and service sectors, which can absorb as many workers as possible. Invest in education and vocational training to equip the young population with skills that match industry requirements and encourage entrepreneurship.
• Enhancing Social Security: Design and implement robust social security systems to support the aging population, including pensions, health insurance, and elderly care services. Explore the feasibility of schemes like Universal Basic Income to ensure a basic standard of living for all citizens, enhancing social security.
• Cooperative Federalism: Encourage states to share insights and best practices for managing demographic challenges and implementing successful socio-economic strategies. Strengthen the principle of cooperative federalism wherein the central and state governments work in partnership to develop holistic demographic policies.

THE CONCLUSION:

The ongoing deferral of India’s Census holds critical implications for evidence-based policymaking amidst demographic transitions. The high-powered committee must focus on the pragmatic aspects of employment and social security to leverage the demographic dividend. Ensuring non-empirical narratives do not sidetrack policies will be vital for India to harness its human resource potential and secure a sustainable and inclusive future.

UPSC PAST YEAR QUESTIONS:

Q.1) The crucial aspect of the development process has been the inadequate attention paid to Human Resource Development in India. Suggest measures that can address this inadequacy. (2023)

Q.2) Development and welfare schemes for the vulnerable, by their nature, are discriminatory in approach. Do you agree? Give reasons for your answer. (2023)

MAINS PRACTICE QUESTION:

Q.1) Considering the current demographic data trends, analyze the potential role of the proposed high-powered committee in addressing employment, social security, and demographic challenges.

SOURCE:

https://www.thehindu.com/opinion/editorial/population-priorities-on-interim-budget-statement-and-the-census/article67805120.ece

THE CONTEXT: Recently, the CEOs of Meta, TikTok, Snapchat and Discord appeared before a bipartisan committee of the US Senate to answer for how these platforms are used by predators against children. Mark Zuckerberg has apologised to parents of children victimised on Meta platforms.

ISSUES:

• Rapidly evolving Digital Landscape:  Advances in information technology have given rise to better encryption services and the dark net, which provide a safe cover to offenders, allowing them to engage in illegal activities. The extensive nature of the internet and online interaction has made it so that almost all cases of child sexual abuse feature a virtual aspect.
• Rising child abuse online: An investigation by the Guardian in 2023 found in Meta’s internal documents that 1 lakh minors, a majority of them female, face some form of harassment on its platforms every day. Platforms and apps are used by predators to “groom” minors and as a tool for human trafficking. Two Amnesty International reports published in 2023 highlighted “the abuses experienced by children and young people using TikTok, and how these abuses are caused by TikTok’s recommender system and the underlying business model”.

• Non responsible behaviours: Time and again, studies have shown that social media platforms, reliant as they are on “engagement” and “attention”, have not done enough to address the harms caused by their amoral algorithms. Between 2021 and 2023, whistleblowers revealed that Meta has long been aware of the fact that its products cause harm to children and young people. US Senators criticized the chief executives of Meta, TikTok, Snap, X and Discord for not doing enough to prevent child sexual abuse online, amid rising fears over how the platforms affect youths.
• Global issue: The issue, however, does not concern the US alone but parents, policy-makers and society, including and especially in India.
• India specific data: India has over 600 million smartphone users, and teenagers are among the fastest-growing segments within this category. According to the NCRB, about 28 per cent of the entire minor population has faced some form of sexual abuse, but many victims do not come forward to register a complaint.
• Fewer regulation and content moderations: India, despite being the largest market for Meta, has fewer content moderators both proportionally and in absolute numbers than the US or Europe. Law enforcement too needs the requisite resources and training to deal with crimes online even as the police finds its feet on social media misuse, AI-created deepfakes are becoming increasingly common.

THE WAY FORWARD:

• Multi Stakeholder Approach: There is a need to develop a comprehensive outreach system to engage parents, schools, communities, NGO partners and local governments as well as police and lawyers. It will ensure better implementation of the legal framework, policies, national strategies and standards.
• Stricter legislations: There is a need to make stricter legislation against offenders with proper implementation. There should be further development of clear mandates and creation of a logical framework of roles and duties of all relevant stakeholders within standard operating procedures for investigation.
• Collaborative approach: Close collaboration between non-traditional partners from the industry, government ministries dealing in technological communication, and law enforcement is needed.
• Awareness: It is also important to have mass awareness and education campaigns on safe and responsible smartphone use for parents and children, in schools and beyond, especially in non-metro towns and villages. Children should be made aware of Acts like POCSO so as to make them aware of their legal right.  Community awareness program should be encouraged to increase awareness among children about the evil of abuse.
• Role of media: Media should play a proactive role and should be prohibited from disclosing the personal identity of the victim categorically in line with the Juvenile Justice Act.

THE CONCLUSION:

Children are the future of the nation and it is needed that they should be prevented from such crimes. There is an urgent need to urgently devise ways to bolster the existing criminal justice and child protection systems and ensure higher convictions.

UPSC PREVIOUS YEAR QUESTIONS

Q.1 Explain why suicide among young women is increasing in Indian society. (2023)

Q.2 Child cuddling is now being replaced by mobile phones. Discuss its impact on the socialization of children. (2023)

MAINS PRACTICE QUESTIONS

Q.1 With the increasing popularity of social media platforms, children these days have a much higher chance of being exposed to harmful content. Comment.

Q.2 Highlight the challenges in fight against online child exploitation and abuse. What steps can be taken to tackle the abuse and hold the social media platform accountable?

SOURCE: https://indianexpress.com/article/opinion/editorials/in-the-dock-9-9141499/

THE CONTEXT: The budget reflects the government’s narrative of “transformative growth” during the 2014-24 decade under the Modi administration. However, the focus of welfare schemes and fiscal consolidation may not align with actual spending and resource allocation. The fiscal deficit for 2023-24 is projected to be 5.8% of GDP, marginally below the budgeted level.

THE ISSUES:

• Introduction of an interim budget: The Interim Budget for 2024-25 was presented due to the upcoming elections, as Prime Minister stated. The Interim Budget is seen as a vote-on-account, which could be perceived as an attempt to influence voters before the elections. This indicates that the budget may not fully reflect the government’s long-term vision and plans.
• “Transformative growth” narrative: The Economic Survey presented in the budget portrays 2014-2024 as a decade of “transformative growth.” It suggests that previous periods of growth were inadequate, either due to unaddressed structural challenges or unsustainable credit booms.
• Focus on welfare schemes: The Interim Budget speech primarily focuses on various welfare schemes attributed to the Prime Minister in housing and food. However, apprehensions are raised about these schemes’ implementation and effectiveness, given the discrepancies between the claims and the actual expenditure. For instance, the total food subsidy has fallen from ₹5,41,330 crore in 2020-21 to ₹2,88,060 crore in 2021-22 and a projected ₹2,87,194 crore in 2023-24.
• Fault lines in spending: A significant deviation exists between the actual expenditure and the revised estimates for schemes such as MGNREGA and PM-KISAN. The budgeted expenditure for MGNREGA was ₹1,57,545 crore for 2023-24. The revised estimates are placed at a higher ₹1,71,069 crore. However, the actual expenditure till December 2023 amounted to only ₹1,07,912 crore, or 63% of the total projected in the revised estimates. The budgeted expenditure for the PM-KISAN scheme was ₹1,15,532 crore for 2023-24. The revised estimate is projected at ₹1,16,789 crore. The actual expenditure till December 2023 was ₹70,797 crore or 61% of the revised estimate.
• Pre-election blitz: There are two possible interpretations: either the finance minister is inflating the revised estimates to support farmers and rural workers, or the government plans to initiate pre-election spending to gain political advantage.
• The decline in food subsidies: Despite claims of expanding food support, the data made available by CGA points out that the total food subsidy has declined from 2020-21 to 2021-22 and is projected to decrease further in 2023-24. For instance, the total food subsidy has fallen from ₹5,41,330 crore in 2020-21 to ₹2,88,060 crore in 2021-22 and a projected ₹2,87,194 crore (RE) in 2023-24. This raises concerns about the government’s commitment to food security.
• Revenue projections and fiscal deficit: The government claims to manage its receipts and keep the fiscal deficit below the budgeted level. There is an expected increase in non-tax revenue receipts, mainly driven by income from dividends and profits. The government expects to raise its non-tax revenue receipts by 25% relative to the budget, with income from dividends and profits slated to rise from ₹99,913 crore in 2022-23 to ₹1,54,407 crore in 2023-24 (RE). However, uncertainties remain regarding the realization of disinvestment proceeds.

THE WAY FORWARD:

• Enhanced Transparency and Accountability: Implement more rigorous and transparent accounting and reporting practices to ensure that budget estimates, revised estimates, and actual expenditures are accurately reported and easily understandable. Regular audits and public disclosures of government spending can help maintain transparency and accountability, ensuring funds are utilized as intended.
• Addressing Deviations in Spending: Close monitoring of implementing schemes like MGNREGA and PM-KISAN to ensure that allocated funds are spent within the financial year and reach the intended beneficiaries. Establishing a real-time monitoring system and a dashboard accessible to the public can help track the progress of fund utilization and scheme implementation.
• Focusing on Effective Implementation of Welfare Schemes: Conduct impact assessments of welfare schemes to evaluate their effectiveness in achieving their goals, such as poverty alleviation and employment generation. Based on the assessments, refine and redesign schemes to make them more effective. Engage with stakeholders, including beneficiaries and local governments, for feedback and suggestions for improvement.
• Balancing Welfare Spending and Fiscal Prudence: While welfare spending is crucial, it is equally important to maintain fiscal discipline to ensure economic stability. The government could explore innovative financing mechanisms, such as public-private partnerships (PPPs) for infrastructure projects, to reduce the fiscal burden while continuing to invest in critical areas.
• Strengthening the Food Security System: Address the concerns regarding the decrease in food subsidies and ensure that the National Food Security Act’s objectives are met effectively. Enhance the efficiency of the Public Distribution System (PDS) through technology integration to reduce leakages and ensure the benefits reach the eligible population.
• Rationalizing Non-Tax Revenue Expectations: Set realistic targets for non-tax revenues, including dividends and profits from PSUs and disinvestment proceeds, to avoid overestimation that could lead to fiscal slippages. A strategic approach to disinvestment focuses on enhancing the value of PSUs before disinvestment and ensuring that disinvestment proceeds are used for productive purposes, such as infrastructure development.
• Promoting Sustainable Growth: Focus on addressing structural economic challenges to ensure sustainable and inclusive growth. Invest in education, healthcare, and skill development to improve human capital and research and development (R&D) to foster innovation, laying the foundation for long-term economic growth.
• Fiscal Prudence: The government could focus on maintaining fiscal discipline by avoiding pre-election spending sprees that could undermine the fiscal health of the economy.
• Public Engagement: Engaging the public and stakeholders in the budget process could help set priorities that reflect the needs and aspirations of the population, leading to more effective and accepted fiscal policies.

THE CONCLUSION:

The interim Budget for 2024-25 reflects a eulogy of the two governments of the last ten years, focusing on welfare schemes and infrastructure spending. However, a closer look at the actual expenditure figures reveals discrepancies and potential pre-election spending blitz. The government’s claims of pro-poor initiatives and fiscal prudence may not align with reality. The impact of these strategies on voters and the upcoming elections remains to be seen.

UPSC PAST YEAR QUESTIONS:

Q.1) Public expenditure management is a challenge to India’s government in budget-making during the post-liberalization period. Clarify it. (2019)

Q.2) One of the intended objectives of Union Budget 2017-18 is to ‘transform, energize and clean India’. Analyse the measures proposed in the Budget 2017-18 to achieve the objective. (2017)

MAINS PRACTICE QUESTION:

Q.1) Discuss the implications of the Interim Budget 2024 on welfare schemes, infrastructure spending, and fiscal deficit.

SOURCE:

https://www.thehindu.com/opinion/lead/interim-budget-2024-in-campaign-mode/article67801178.ece

THE CONTEXT: The Economic Research Department of the State Bank of India (SBI) recently published its study Debunking K-shaped recovery.

MORE ON THE NEWS:

• It is being widely debated that the post-pandemic recovery in India has been K-shaped. The debate over K-shaped recovery is also linked to widening inequality in the country.
• However, SBI research study claims to have “debunked” this belief. The report highlighted at a “conspiracy” against India and its growth.

WHAT IS K-SHAPED RECOVERY?

• A K-shaped recovery occurs when, following a recession, different parts of the economy recover at different rates, times, or magnitudes. It refers to a situation where some sectors of the economy revive after slowdown or recession while others don’t. It means not all sectors/parts of the economy are recovering.
• This is in contrast to an even, uniform recovery across sectors, industries, or groups of people.
• A K-shaped recovery leads to changes in the structure of the economy or the broader society as economic outcomes and relations are fundamentally changed before and after the recession.
• This type of recovery is called K-shaped because the path of different parts of the economy when charted together may diverge, resembling the two arms of the Roman letter “K.”

SBI REPORT’S ARGUMENTS

• Positive Emerging Patterns: It highlights patterns of income, savings, consumption, expenditure and policy measures aimed at public welfare.
• Parameters under Scrutiny: The report challenges traditional parameters used to assess economic well-being. It questions the use of old parameters like low two-wheeler sales or fragmented land holdings.
• New Considerations: It highlights patterns in income, savings, consumption, expenditure, and policy measures designed to empower the masses through technology-driven solutions, questioning the reliance on outdated indicators like 2-wheeler sales or land holdings.
• Rising Disposable Incomes in Non-Metro Areas: It cites data from Zomato as an example of rising disposable income in non-metro areas.
• Decrease in Inequality: It refers to the income tax data for FY22 to note that the Gini coefficient had declined significantly from 0.472 to 0.402 between FY14 and FY22.
  It highlights that 36.3% of individual tax return filers belonging to the lowest income in FY14 have left the lowest income group and shifted upwards.

A DIFFERENT PERSPECTIVE

• Not representative: The research of SBI is not representative of the Indian economy, it also brings out a newly-destined ‘narrative’. It just focuses on the “privileged” formal sector that, going by various estimates, has recorded impressive growth.
• Contrasting Reports: In 2022, another report, “The State of Inequality in India,” commissioned by the Economic Advisory Council to the Prime Minister, highlighted rising inequality in the country. It noted that an individual earning a monthly wage of Rs 25,000 was among the top 10% of earners, underscoring the stark income disparities.
• High Welfare Spending indicated Economic distress: The government has been forced to extend the scheme of subsidized food grain to 800 million Indians.
• Tax Data does not reflect Broader Economy: Only a very small minority of people pay direct income tax. Hence, it is not reasonable to draw conclusions from tax data about broader inequality. Income tax data is nominal and is affected by overall inflation, thus making it unviable for drawing conclusions.

THE WAY FORWARD:

• Increase government spending: The government must spend where necessary to alleviate the concerns in the most troubled areas of the economy.
• Addressing debt issues: There is a need for a credible target for the country’s consolidated debt with the setting up of an independent fiscal council to put forward on the quality of the budget would be a great step.
• Include budgetary resources: Budgetary resources needs to be expanded through asset sales, including parts of government enterprises and surplus government land.
• Analysing data: The shape of economic recovery is not an exact science, but the predictions help governments, investors, and consumers alike in planning monetary policies and investments.

THE CONCLUSION:

The recent SBI research provides a unique perspective on India’s economic recovery and inequality but its focus on a limited sample from the formal sector raises concerns about its representativeness. There is a need to emphasis on more comprehensive understanding of the diverse economic landscape in India.

UPSC PREVIOUS YEAR QUESTION

Q. Do you agree that the Indian economy has recently experienced V-shaped recovery? Give reasons in support of your answer. (2021)

MAINS PRACTICE QUESTION

Q. ‘Recent SBI report has debunked the theory that India has experienced K-shaped economic recovery in the post-pandemic era’. Examine.

SOURCE:https://www.downtoearth.org.in/blog/economy/debunking-k-shaped-recovery-why-the-sbi-s-new-report-gets-it-all-wrong-about-india-s-economic-growth-94086#:~:text=The%20Economic%20Research%20Department%20of,of%20the%20economy%20are%20recovering.

THE CONTEXT: There are ongoing proceedings in the International Court of Justice (ICJ), where the Republic of South Africa has instituted proceedings against Israel. South Africa argues that Israel’s military operations in Gaza violate the International Convention on the Prevention and Punishment of the Crime of Genocide. The case has generated debate and divided countries, with some supporting South Africa’s application and others opposing it.

ISSUES:

• South Africa’s application against Israel in the ICJ: The Republic of South Africa has brought a case against Israel in the International Court of Justice (ICJ), alleging violations of the Genocide Convention due to Israel’s military operations in Gaza.
• International legal context: Genocide is considered a serious international crime, and every state should prevent genocide from occurring. South Africa argues that it has standing to bring the case to the ICJ based on this obligation.
• Plausibility of genocide: Demonstrating the existence of genocide requires specific intent, which can be challenging. South Africa’s request for provisional measures aims to show a plausible case for genocide by highlighting Palestinian suffering, deaths, destruction, and genocidal statements made by Israeli politicians and soldiers.
• Israel’s defense: Israel argues that there is no dispute between the parties and that the statements made are open to interpretation. It claims its military operation is limited to targeting Hamas in response to their attacks.
• Potential provisional measures: If the ICJ finds South Africa’s case plausible, it may issue provisional measures to protect the parties’ rights. Suggestions for such measures include an immediate cessation of hostilities, allowing the entry of food and resources into Gaza, a humanitarian ceasefire, or directing Israeli leaders to refrain from making genocidal statements.
• The role of the ICC: While the ICJ proceedings focus on Israel, Hamas officials can be proceeded against at the International Criminal Court (ICC), which is a separate body. The ICC’s involvement requires the situation in Palestine/Israel to be referred for investigation, which has already been done.
• International division: The split between countries supporting or opposing South Africa’s application appears to follow a divide between former colonial or imperial powers and other countries, questioning the legitimacy of international law and the rules-based international order.
• Impact on the rules-based international order: The ICJ’s decision in this case will address the situation in Gaza and test the effectiveness and legitimacy of the rules-based international order. How nation-states respond to the ICJ’s actions will determine the strength of this order?

THE WAY FORWARD:

• Addressing the Plausibility of Genocide: The ICJ should carefully evaluate the evidence presented by South Africa and Israel to determine whether a plausible case for genocide exists. Upholding the credibility and integrity of the Genocide Convention is crucial.
• Consideration of Provisional Measures: The ICJ should assess the potential impact of provisional measures on protecting the rights of both parties. While a complete cessation of military hostilities may be challenging to order, alternative measures such as facilitating the entry of humanitarian aid and enforcing a ceasefire can help alleviate the suffering in Gaza.
• Inclusiveness and Accountability: The international community should ensure that both Israeli and Hamas officials are held accountable for any potential violations of international law. The ICC should continue its investigation into the situation in Palestine/Israel, providing an avenue for accountability and justice for all parties involved.
• Addressing the Divide between Nations: Nations with differing perspectives, particularly formerly colonial or imperial powers, should engage in constructive dialogue to bridge the gap and find common ground. Moving beyond historical divisions and working towards a just and inclusive global legal framework is essential.
• Legitimacy of International Law: The outcome of the ICJ proceedings will have far-reaching implications for the legitimacy of international law. The ICJ must uphold the rule of law, ensure fairness, and demonstrate the effectiveness of the international legal system in addressing serious crimes such as genocide.
• Strengthening the Rules-Based International Order: The ICJ’s actions and the response of nation-states will determine the strength of the rules-based international order. Countries must respect and abide by international law, support multilateral institutions, and cooperate to resolve disputes and achieve lasting peace.
• Promoting Dialogue and Diplomacy States should prioritize diplomatic efforts and dialogue to de-escalate tensions and reach a peaceful resolution. International mediation and negotiation processes can provide a platform for constructive discussions, fostering understanding, and finding mutually acceptable solutions.
• Humanitarian Aid and Reconstruction Efforts: The international community should support and actively participate in humanitarian aid and reconstruction efforts in Gaza. This includes providing financial assistance, resources, and expertise to help rebuild infrastructure, facilitate access to necessities, and promote long-term development.
• Promoting Human Rights and Respect for International Law: Nations must uphold their obligations under international human rights law, including protecting civilians and safeguarding fundamental rights. International cooperation and collaboration are vital in promoting and enforcing human rights principles.

THE CONCLUSION:

The focus on the alleged violation of the Genocide Convention in Israel’s military operations in Gaza raises important legal and humanitarian questions. The outcome of this case will not only impact the situation in Gaza but also test the credibility and effectiveness of the international legal system. The ICJ’s ruling on provisional measures and its eventual decision will provide valuable insights into the legitimacy of the rules-based international order and the pursuit of justice on a global scale.

UPSC PAST YEAR QUESTIONS:

Q.1 The Russia and Ukraine war has been going on for the last seven months. Different countries have taken independent stands and actions, keeping in view their own national interests. We are all aware that war has its own impact on the different aspects of society, including human tragedy. What ethical issues are crucial to consider while launching the war and its continuation so far? Illustrate with justification the ethical issues involved in the given situation. (2022)

Q.2 Refugees should not be turned back to the country where they would face prosecution or human rights violation.” Examine the statement about the ethical dimension violated by the nation claiming to be democratic with an open society. (2021)

Q.3 The will to power exits, but it can be tamed and be guided by rationality and principles of moral duty.’ Examine this statement in the context of international relations. (2020)

Q.4 Strength, peace, and security are considered pillars of international relations. Elucidate. (2017)

MAINS QUESTION FRAMED:

Q.1 Does the split between countries, particularly between former colonial powers and non-colonial powers, reflect a disregard for ethical considerations in international relations? Discuss with relevant examples.

THE SOURCE:

https://www.thehindu.com/opinion/lead/the-issue-of-genocide-and-the-world-court/article67773539.ece

THE CONTEXT: French President Emmanuel Macron’s visit to India aims to strengthen bilateral ties, with the focus not just on ceremonial aspects but on concrete geopolitical and security discussions amidst changing global dynamics, such as the Ukraine conflict, Middle East tensions, and anticipation of potential policy shifts with the possible return of Donald Trump to U.S. presidency. The visit seeks progress on previously established agreements, especially ‘Horizon 2047’ and France’s support to India in Asian deterrence capabilities.

ISSUES:

• Broader implications for regional security: India’s role in European security and France’s support for Indian defense capabilities. Protecting maritime trade in West Asia considering potential changes to US military commitment.
• Regional and International Challenges: The stalled Ukrainian counter-offensive and the renewed debate on European security. Increasing tensions in the Middle East, including the Israel-Hamas conflict and attacks on Red Sea shipping by Houthis, impact the global economy. The potential return of Donald Trump to the White House is causing unease due to his America First policies and implications for international alliances, climate change, and global trade policies.
• US Politics and its global role: The impact of Trump’s possible second term on NATO and European security. India needs to manage the consequences of Trump’s regional and global policies. Reassessment of commitments to climate change and renegotiation terms with allies under Trump’s governance.
• Ideological and Strategic autonomy: The relevance of a multipolar world in the event of American retrenchment from international affairs. The concept of strategic autonomy for India and France in maintaining an independent foreign policy.
• Security and Stability Concerns: There are concerns of bringing peace to Ukraine and establishing a stable security order in Central Europe and India’s contribution to European security amid changing US dynamics. At the same time, there are concerns over France’s role in enhancing India’s defense capabilities to deter war in Asia and strategies to protect Sea Lines of Communication (SLOCs) in West Asian waters if the US reduces its presence.

THE WAY FORWARD:

• Strategic Bilateral Cooperation: Enhance defense cooperation by finalizing pending deals on Rafale Marine aircraft, Scorpene submarines, and technology transfers. Progressively implement the ‘Horizon 2047’ framework with clear benchmarks and timelines to measure advancements.
• Regional Stability and Crisis Management: Engage in diplomatic efforts for conflict resolution in Ukraine, exploring avenues for peaceful negotiation and stabilization in Central Europe. Increase maritime security collaboration between India and France to safeguard critical Sea Lines of Communication (SLOCs).
• Adapting to Global Power Shifts: Assess the impact of potential shifts in US foreign policy and recalibrate India-France strategic priorities accordingly. Foster cooperation between regional powers to form a coordinated approach towards maintaining stability in Eurasia.
• Multilateral Engagement and Climate Action: Strengthen multilateral institutions to ensure a collective response to global challenges such as climate change. Uphold commitments to international climate agreements and initiatives irrespective of changes in US policies.
• Enhancing Economic and Trade Relations: Diversify trade partnerships to mitigate risks from unilateral tariffs and promote open markets. Facilitate technology exchanges and collaborations in emerging green energy and digital innovation sectors.
• Reinforcing Strategic Autonomy: Cultivate independent foreign policies that align with national interests, balancing relations with major powers like the US, Russia, and China. Work towards a multipolar world order that acknowledges various nations’ sovereignty and distinct strategic perspectives.
• Long-term Regional Power Dynamics: Regional powers must address current crises and develop strategies for stabilizing Eurasia and its waters, where the US might reduce its traditional role of ensuring Eurasian security. Protecting maritime trade in West Asia consider potential changes to US military commitment.

THE CONCLUSION:

India and France’s collaboration is crucial for tackling geopolitical challenges in today’s changing global landscape. Strategic discussions and agreements between Delhi and Paris can counter shifts in American foreign policy. It can reinforce the vision of a multipolar world order and ensure regional strength in the face of global uncertainties.

UPSC PAST YEAR QUESTIONS:

Q 1) ‘The time has come for India and Japan to build a strong contemporary relationship involving global and strategic partnerships that will have great significance for Asia and the world.’ Comment. (2019)

Q 2) What introduces friction in the ties between India and the United States is that Washington can still not find a position in its global strategy for India that would satisfy India’s national self-esteem and ambitions. Explain with suitable examples. (2019)

MAINS PRACTICE QUESTION:

Q 1) Discuss the evolving regional and international context and its implications for India and France regarding their foreign policy priorities and strategic partnerships.

SOURCE: https://indianexpress.com/article/opinion/columns/narendra-modi-emmanuel-macron-meeting-india-france-challenges-9123612/

THE CONTEXT: Punjab has filed a suit against the Union government under Article 131 of the Constitution, challenging the decision to increase the operational jurisdiction of the Border Security Force (BSF). The Supreme Court is set to hear the dispute over the expansion of the BSF jurisdiction in Punjab.

MORE ON THE NEWS:

• In October 2021, the Ministry of Home Affairs had issued a notification under the provisions of the BSF Act, standardising the area over which the BSF would have jurisdiction to operate. In Punjab, West Bengal and Assam, the distance was raised from within 15 km from the border to 50 km, while it was reduced from 80 km to 50 km in Gujarat. For Rajasthan, it was kept unchanged at 50 km.
• The Union government said in a reply in the Rajya Sabha in December 2021 that the extension of the BSF’s jurisdiction will help it discharge its border patrol duty more effectively.
• The notification states that, within this larger 50-kilometre jurisdiction, the BSF can only exercise powers under the Criminal Procedure Code, the Passport (Entry into India) Act and the Passports Act. For other central legislations, the 15-km limit remains.
• It was claimed that the notification makes the BSF jurisdiction uniform across states, as the 50-kilometre limit was already in place in Rajasthan. The same notification reduced the jurisdiction in Gujarat from 80 km to 50 km.

What are the issues that the Supreme Court will consider?

• The state of Punjab filed an ‘original suit’ against the central government in the Supreme Court in December 2021.
• The Supreme Court has ‘original jurisdiction’ in disputes between the central government and states under Article 131 of the Constitution, which means cases of this kind can only be heard for the first time at the SC “to the exclusion of any other court”.
• The court will decide if the notification expanding the jurisdiction of the BSF was arbitrary or backed by legitimate reasons.
• Further, the court will determine if this notification interferes with the powers of the local police and encroaches upon states powers under the Constitution.
• The SC will also decide what factors have to be considered when deciding which areas are “within the local limits of such area adjoining the borders of India” and whether all states must be treated alike when determining these local limits.
• Finally, the court will decide if the notification can be challenged through an original suit under Article 131 of the Constitution.

BORDER SECURITY FORCES AND THEIR MANDATE

• The BSF was created after the enactment of the Border Security Force Act in September 1968. The BSF mainly focuses on preventing trans-border crimes, especially unauthorised entry into or exit from Indian territory.
• The BSF is empowered to arrest, search and seize under a number of laws, such as the Criminal Procedure Code, the Passports Act, the Passport (Entry into India) Act, and the NDPS Act etc.
• Section 139(1) of the BSF Act allows the central government, through an order, to designate an area “within the local limits of such area adjoining the borders of India” where members of the BSF can exercise powers to prevent offenses under any Acts that the central government may specify.
• It does not have the power to investigate or prosecute offenders but has to hand over those arrested, and the contraband seized from them to the local police.

ISSUES

• Breach of federal principles: This attempt of centre is being seen as a breach of federal principles and an encroachment into the law and order powers of the state police. Therefore, states have got resolutions passed in their Assemblies against the expansion and here, Supreme Court’s decision to examine the questions that arise from the expansion of the BSF’s area of operations acquires significance.
• Not proper consultation: Litigation concerning the territorial jurisdiction of the Border Security Force (BSF) in the states seems to be the result of the lack of effective consultation between the central and State governments.
• Issue of public order: The state government claimed that expanding the jurisdiction of the BSF would compromise the state’s exclusive powers to legislate on matters involving the police and public order. These powers are provided in Entries 1 and 2 of the State List under Article 246 of the Constitution.
• Issue specific to Punjab: The notification has specific concerns related to Punjab. It is claimed that in Punjab, a large number of cities and towns would fall within this 50-kilometre jurisdiction, whereas in Gujarat and Rajasthan, most areas along the international border are sparsely populated.
• Affecting Functioning of BSF:Policing in the hinterland is not the role of a border guarding force, rather it would weaken the capacity of the BSF in discharging its primary duty of guarding the international border.

THE WAY FORWARD:

• Consultation with state: Centre must consult states before making decisions that affects their powers, given the security condition in India’s neighbourhood. Before the Union Government deploys its armed forces, it is desirable that the State Government should be consulted, wherever feasible.
• Ensuring federal principles: Whether or not the Union government have valid reasons for its move, it should not encroach into the domain of the State governments.
• Adequate reasons for expansion: It is being argued that the expanded jurisdiction merely authorises the BSF to conduct more searches and seizures, especially in cases in which the offenders manage to enter deep into the country’s territory. However, there needs to be adequate and strong reasons for the expansion of the jurisdiction of any central force.
• Regional Arrangement: A regional arrangement can be ensured for the use of Armed forces in neighbouring states in case of need. The Zonal Council would be the best forum for achieving consensus of the States within a zone for devising such an arrangement.
• Complementing local police: This move can help in complementing the efforts of the local police as an enabling provision. As, the state police have better knowledge of the ground, hence, BSF and local Police can act in cooperation.

THE CONCLUSION:

Though enhanced presence and powers of Border Security Forces aims to strengthen India’s security in border areas, cautious attempts need to be taken to ensure that nation’s security and territorial integrity is upheld by both Centre and the States while upholding the federal principles at the same time.

UPSC PREVIOUS YEAR QUESTIONS

Q. Border management is a complex task due to difficult terrain and hostile relations with some countries. Elucidate the challenges and strategies for effective border management. (2016)

Q. Analyse internal security threats and transborder crimes along Myanmar, Bangladesh and Pakistan borders including Line of Control (LoC). Also, discuss the role played by various security forces in this regard. (2020)

MAINS PRACTICE QUESTION

Q. Keeping in view the recent decision to increase the operational jurisdiction of the Border Security Forces (BSF), analyse its implications with regard to federal principles and internal security of the country.

SOURCE: https://www.thehindu.com/opinion/editorial/limits-and-borders-on-the-territorial-jurisdiction-of-the-border-security-force/article67769125.ece

THE CONTEXT: The cancellation of the Foreign Contribution Regulation Act (FCRA) license of Centre for Policy Research (CPR), one of the country’s famed think tanks, on the charges of multiple violations raises several critical questions.

CENTRE FOR POLICY RESEARCH (CPR)

• It is founded in 1973 and is a “non-profit, non-partisan, independent institution dedicated to conducting research that contributes to high quality scholarship, better policies, and a more robust public discourse about the issues that impact life in India”.
• It is a member of the Indian Council of Social Science Research and is recognised by the Department of Science and Technology.
• Its funders have included the government of India, the Bill and Melinda Gates Foundation, and the Ford Foundation, among many others in India and abroad.
• An FCRA registration is necessary to obtain foreign funding. The CPR used to raise more than 75% of its funds from outside India. By suspending its FCRA licence, the government had effectively crippled its finances.

THE FCRA SINCE 1976

• The FCRA was brought during the Emergency in 1976 in a bid to create surveillance regime for the NGOs and put it under the Ministry of Home Affairs (MHA).
• For all such entities receiving foreign funds through foundations, corporate grants and so on, the FCRA license administered by the MHA became obligatory.
• It has not only continued thereafter but has also become a permanent feature for the scrutiny of foreign funds for such entities. The FCRA has been amended four times since then.
• In 2010, the government tightened the FCRA in the wake of anti-nuclear protests driven by some human rights bodies in Tamil Nadu’s Kudankulam that were receiving foreign funds.
• Since the accountability of the voluntary sector in financial matters was questioned, the P.V. Narasimha Rao (1991-96) government had provided a window to them to explain, interact and cooperate with the government.

ISSUES

• Hindering the work of civil societies: Recent charges on CPR such as ‘hurting India’s economic interests’ by alleged ‘mis-utilisation of funds received from foreign sources for organising protests’ are serious. The state surveillance of its activities has been on since 2014. On September 7, 2022 it was subjected to an Income Tax survey and its IT exemption was cancelled on 30 June 2023. It eventually got redressal, both, from the Delhi High Court and the Supreme Court. It is now left with just the Indian Council of Social Science Research (ICSSR) grant since it is one of the 24 ICSSR funded institutes.
• Ambiguities: Entities such as CPR are created by societies registered under the Societies Registration Act, 1860. It permits a group of desirous persons to register a society for literary, scientific and charitable purposes, framing a memorandum of associations and rules for its functioning. A very broad spectrum of societies is registered under this Act, that creates anomalies at times which is used by government for charging NGOs for violating the terms of registration and memorandum of association.
• Funding administration: The concerns regarding the transfer and use of the funds, including administrative heads, are more contentious.  Rigid categorisation often does not work with such bodies as they do not generate a separate administrative grant. When some related expenses are adjusted against foreign grants, it gives the political dispensation an opportunity to ask uncomfortable questions and cancel the FCRA license.
• Increase in foreign funding in India: There has been proliferation of NGOs for varied objectives in recent years. By the 1990s there were efforts to redefine NGOs as voluntary or civil society organisations. However, there are very few funding sources within India and corporate philanthropy has been limited in India. Thus, foreign funding of such entities became routine in India.
• Distrust against the voluntary sector: The love-hate relationship between the government and the NGOs has continued in India with each regime. CPR and such institutions have been under scrutiny for years, irrespective of their emergence as an important segment of international developmental initiatives.

THE WAY FORWARD

• Transparent mechanism: Since the civil societies are a significant part of international and the Indian social life, they must function within the structures of accountability created by the government, which must also be uniform and transparent.
• Free civic space: A free civic space without undue interference from the state or other actors is the need of the hour to enable the citizen to participate in public affairs, express their views, and hold the government accountable.
• Financial accountability: Amending the Foreign Exchange Management Act (FEMA) with some relevant clauses for the social sector could maintain financial accountability without bringing in security considerations for organisations.
• Strengthen oversight mechanism: There is a need for strengthen the oversight mechanisms to prevent any potential misuse of foreign contributions. NGOs should as well be encouraged to provide clear and detailed reports on the utilization of foreign funds, ensuring that purposes and beneficiaries are explicitly disclosed.

THE CONCLUSION:

Advocating for the protection of constitutional freedoms and reviewing stringent laws impacting NGOs is the need of the hour. At the same time, there is a need for raising awareness about the importance of civic space in preserving India’s democracy.

UPSC PREVIOUS YEAR QUESTION

Q. Can Civil Society and Non-Governmental Organisations present an alternative model of public service delivery to benefit the common citizen? Discuss the challenges of this alternative model. (2022)

MAINS PRACTICE QUESTION

Q. The constitutional freedom of India’s diverse and vibrant civil society is under challenge. Analyse this statement with regard to recent cancellation of Foreign Contribution Regulation Act (FCRA) license of civil societies.

Q. Government wielding of Foreign Contribution Regulation Act (FCRA)as a blunt instrument shrinks vital space for NGOs, civil society. Comment.

SOURCE: https://thewire.in/law/fcra-should-be-an-instrument-of-financial-accountability-not-of-security#:~:text=FCRA%20Should%20Be%20an%20Instrument%20of%20Financial%20Accountability%20Not%20of%20Security,-law&text=Amending%20the%20Foreign%20Exchange%20Management,in%20security%20considerations%20for%20organisations.

THE CONTEXT: India’s quest for economic growth within COP-28’s coal phase-down commitments necessitates a balance between development, energy security, and decarbonization. The power sector must optimize existing thermal assets, enhance coal plant flexibility, promote energy storage integration, and establish self-reliant RE technology supply chains. Strategic planning in these areas will support India’s dual sustainable development objectives and meet its climate action goals.

ISSUES:

• Economic Growth and COP-28 Commitments: India aims to be the fastest-growing economy but faces the challenge of global agreements to phase down unabated coal. Adherence to COP-28 dictates a shift from traditional coal reliance to sustainable energy sources.
• Climate Action and Vulnerability: India is the seventh most vulnerable country to the impacts of climate change. Reduction in fossil fuel subsidies by 76% between FY14 and FY22. Goal to triple installed renewable power generation by 2030.
• Energy Sector Dynamics: Over 100 GW from coal-based plants meets the base power load most days. Coal remains indispensable for peak demands and backup during non-solar hours.
• Decarbonization and Energy Security: Strategies to make existing coal plants flexible and more responsive to peak demand periods, reducing unplanned outages. ~38 GW thermal plants faced unplanned outages in 2023. Enhancing coal fleet flexibility to integrate renewable energy smoothly.
• Renewable Energy Integration: Plans to retrofit approximately 92% of coal and lignite-based capacity for better integration of renewables. Payment mechanisms developed by CERC and state regulators for retrofitting costs.
• Energy Storage Systems :There is a need for incentivizing storage solutions like battery energy storage systems (BESS) to balance the grid during renewable downtime. Introducing ’round-the-clock’ bids combining renewable energy production with energy storage.
• Supply Chain Indigenization :Emphasis on indigenizing supply chains for battery storage and renewable energy (RE) technology. FY22 data: Coal worth approx. INR 1.5 lakh crore produced, supporting central and state revenue, and Indian Railways. The Production-Linked Incentive (PLI) scheme commits INR 19,000 crore to solar manufacturing.
• Policy and Future Commitments :Policymakers are urged to balance domestic energy security with long-term decarbonization plans. Importance of transparent assessment of long-term costs associated with traditional versus renewable energy sources. Focus on providing low-cost and affordable electricity essential for the economy and living standards.

WAY FORWARD:

• Enhancing Grid Stability and Reducing Outages: Implement advanced grid management using big data analytics and AI to predict and mitigate outages. Strengthen regulatory frameworks to incentivize the reliability of power plants.
• Integrating Renewable Energy: Accelerate the retrofitting of coal-based power plants to handle variable loads from renewable sources. Develop new market mechanisms to compensate plants for providing flexible services.
• Renewable Energy Storage Incentives: Establish financial subsidies or tax rebates for energy storage solutions to complement renewable energy sources. Promote public-private partnerships to scale up battery storage infrastructure.
• Domestic Manufacturing and Atmanirbhar Bharat: Expand the scope of the PLI scheme to include battery storage and other renewable energy technologies. Encourage joint ventures and knowledge sharing with global leaders to build technical expertise.
• Sustainable Energy Policies: Formulate policies favoring low-carbon technologies and consider total life-cycle costs to make renewables more competitive. Implement robust Feed-in Tariff (FIT) policies to ensure favorable returns on renewable energy investments.
• Infrastructure for Renewable Integration: Upgrade transmission infrastructure to handle increased renewable capacity. Invest in smart grids capable of two-way communication and dynamic response to changing energy demands.
• Research and Development: Allocate a significant portion of the national budget to R&D in clean energy technologies. Establish Centers of Excellence for renewable energy research with global partnerships.
• Public Awareness and Education: Launch nationwide campaigns to raise public awareness regarding the benefits of renewable energy and energy efficiency. Integrate energy conservation and renewable energy principles into educational curriculums.
• International Cooperation: Maintain active dialogues with international bodies to share best practices and technology transfer in renewable energy. Seek international funding and technical expertise for large-scale renewable projects.
• Long-term Energy Planning: Conduct comprehensive assessments of the long-term returns and sustainability of energy investments. Frame long-term energy policies that balance immediate energy security needs with long-term decarbonization goals.

THE CONCLUSION:

Proactive strategies to enhance energy sector efficiencies, foster renewable energy integration, and build self-reliant supply chains are crucial and inevitable steps toward a greener future. With judicious policymaking and tech-enabled solutions, India can achieve the dual objectives of energy security and a thriving, sustainable economy.

UPSC PAST YEAR QUESTIONS:

Q 1) Explain the purpose of the Green Grid Initiative launched at the World Leaders Summit of the COP26 UN Climate Change Conference in Glasgow in November 2021. When was this idea first floated in the International Solar Alliance (ISA)? (2021)

Q 2) The adoption of electric vehicles is rapidly growing worldwide. How do electric vehicles contribute to reducing carbon emissions, and what are their key benefits compared to traditional combustion engine vehicles? (2023)

Q 3) With growing energy needs, should India keep expanding its nuclear energy program? Discuss the facts and fears associated with nuclear energy. (2018)

MAINS PRACTICE QUESTION:

Q.1) Discuss the proactive strategies that India can adopt to enhance energy sector efficiencies, foster renewable integration, and build self-reliant supply chains. How can these strategies help India achieve the dual objectives of energy security and a thriving, sustainable economy?”

SOURCE:

https://www.thehindu.com/opinion/op-ed/fired-up-and-plugged-in-driving-indias-energy-security-and-decarbonisation-this-decade/article67765417.ece

THE CONTEXT: Recently, a High-Level Committee headed by a former president, Ram Nath Kovind, issued a public notice asking for suggestions for simultaneous election between January 5-15, 2024. According to the Union Law Ministry, 81% of the 20,000-plus responses received by the High-Level Committee on One Nation, One Election have favoured the idea.

ABOUT THE RECENT COMMITTEE:

• Government has constituted an eight-member high level committee to examine One Nation, One Election in September, 2023.
• Former President Ram Nath Kovind has been appointed as Chairman of the committee. Union Home Minister Amit Shah, Congress MP Adhir Ranjan Chowdhury, Former Leader of Opposition in Rajya Sabha Ghulam Nabi Azad, Former Chairman 15th Finance CommissionK. Singh and others are appointed as the members of the committee.
• The high level committee will examine and make recommendation for holding simultaneous elections of Lok Sabha, State Legislative Assemblies, Municipalities and Panchayats, keeping in view the existing framework under the Constitution and other statutory provisions.
• It will examine and recommend, if the amendments to the Constitution would require ratification by the States.
• They will also suggest a framework for synchronisation of elections and specifically, suggest the phases and time frame within which simultaneous elections may be held.
• The committee will also examine the logistics and manpower required, including EVMs and VVPATs for holding simultaneous elections.

CONCEPT OF SIMULTANEOUS ELECTIONS AND BACKGROUND

• ‘Simultaneous Elections’ is defined as structuring the Indian election cycle in a manner such that elections to Lok Sabha and State Assemblies are synchronized together.
• The elections to the House of the People and Legislative Assemblies of States were mostly held simultaneously from 1951-52 to 1967 after which this cycle got broken.
• Lok Sabha and State legislatures went to polls together in 1952 and 1957, with the Congress initially comfortably placed all over the country.
• The synchronised cycle was first broken in Kerala, in July 1959, when the Centre invoked Article 356 of the Constitution to dismiss the ministry headed by E M S Namboodiripad of the Communist Party. This was followed by state elections in February 1960.
• As the Congress’s popularity declined, it suffered major setbacks in several states Bihar, UP, Rajasthan, Punjab, West Bengal, Orissa, Madras and Kerala in the 1967 elections.
• Consequently, Samyukta Vidhayak Dal governments, comprising Bharatiya Kranti Dal, SSP, PSP, Swatantra Party, Jana Sangh and Congress defectors, came to power.
• Defections and counter-defections ultimately led to the dissolution of Assemblies, which separated the poll cycles of many states from the central one.
• At present, Assembly elections in Andhra Pradesh, Odisha, Arunachal Pradesh and Sikkim are held together with Lok Sabha polls.

PREVIOUS RECOMMENDATIONS:

• Election Commission (1983): In 1983, the Election Commission proposed the idea of holding simultaneous elections to the Lok Sabha and state legislative assemblies.
• The Law Commission (1999): The Law Commission, led by Justice B.P. Jeevan Reddy, presented its 170th report in May 1999. The report recommended exploring a system where elections for the Lok Sabha and all legislative assemblies are held simultaneously.
• Election Commission (2019): In 2019, Chief Election Commissioner Sunil Arora expressed support for the idea of simultaneous elections, calling it a desirable goal. He suggested aligning the terms of state assemblies with the life of the Parliament for successful implementation.
• Parliamentary Standing Committee (2015): The Parliamentary Standing Committee on Personnel, Public Grievances, Law, and Justice, led by E.M. Sudarsana Natchiappan, compiled a report in 2015. The report highlighted benefits such as
• Massive expenditure that is currently incurred for the conduct of separate elections
• Policy paralysis that results from the imposition of the Model Code of Conduct during election time;
• Impact on delivery of essential services
• Burden on crucial manpower that is deployed during election time,” the report observed.
• Law Commission’s Draft Report (2018): In August 2018, the Law Commission, under the leadership of Justice B.S. Chauhan, drafted a report stating that simultaneous elections couldn’t be held within the existing constitutional framework. The Commission recommended amendments to the Constitution, the Representation of the People Act 1951, and parliamentary procedures for its implementation. The report suggested that at least 50% of states ratify constitutional amendments.

ISSUES:

• Partisan committee: Given the constitution and manner of functioning and the larger context of one-party dominance, the newly formed committee gives the impression of just being the rubber stamp.
• Constitutional Amendments:Implementing simultaneous elections needs extensive amendments to the Constitution and electoral laws, which requires complex negotiations and consensus-building.
• Impact on Federal Structure:Simultaneous elections has the potential to weaken the federal structure and eroding the autonomy of state elections.
• Financial burden:Coordinating simultaneous elections would place a significant burden on the Election Commission’s resources, possibly affecting the efficiency and credibility of the electoral process.
• Lack of engagement of opposition: There is a lack of robust debate on the proposal of simultaneous elections as there is lack of engagement of opposition. For example, Congress leader in the Lok Sabha, refused to be a part of the Committee arguing that it is imbalanced.

THE WAY FORWARD

• Taking into account opposition viewpoint: Though, the Committee’s terms of reference assume that One Nation, One Election is in “national interest”. But despite this, there is a need for opposition leader to play an important role by pushing for greater transparency in the process. As such a fundamental change in the democratic structure and process cannot be brought without adequate engagement with the Opposition’s concerns.
• Consultative approach: Achieving simultaneous elections in India requires a consultative approach and stakeholder consultations to adapt a framework that can pave the way for a synchronized electoral process.
• Uphold federalism: There is a need to balance the benefits of streamlined governance with the complexities of diverse regional dynamics to uphold federalism. A system of election should be devised that respects federal structures while enhancing administrative efficiency.
  

THE CONCLUSION:

The concept of one nation, one election remains a subject of ongoing deliberation in Indian politics. While proponents emphasize the potential advantages of simultaneous election and critics raise valid concerns about its implementation and impact on regional dynamics. The future of this proposal of simultaneous election will depend on various factors in the evolving political landscape of India.

PREVIOUS YEAR QUESTIONS

Q.1 In the light of recent controversy regarding the use of Electronic Voting Machines (EVM), what are the challenges before the Election Commission of India to ensure the trustworthiness of elections in India? (2018)

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

MAINS PRACTICE QUESTION

Q.1 Discuss the challenges for conducting simultaneous election in India and suggest measures to ensure federalism while upholding democratic process in the country.

Source: https://indianexpress.com/article/opinion/editorials/one-nation-one-election-union-law-ministry-high-level-committee-lok-sabha-elections-2024-9122617/

THE CONTEXT: –“Ram Rajya” is an ideal state associated with moral values such as justice, equality, and truth. As envisioned by Mahatma Gandhi, it was not limited to a particular religion but was about respect for all faiths and religious harmony. Mahatma Gandhi believed that Ram Rajya meant the kingdom of God, where even the most marginalized would receive swift justice. He associated it with democracy, equality, and non-violence.

ISSUES:

• Misinterpretation of Gandhian Ideology: Risk of Gandhi’s concept of ‘Ram Rajya’ being misunderstood or misrepresented, aligning it with religious connotations rather than the broader moral governance he advocated for.
• Political Symbolism versus Reality: The risk of political leaders using the term ‘Ram Rajya’ for symbolic value rather than committing to its underlying principles of justice, equality, and truth in policy and governance.
• Religious Pluralism and Secularism: Challenges to secularism with the promotion of symbols associated with a particular religion, which may lead to feelings of alienation or discrimination among minority communities.
• Economic and Social Disparities: Although leaders speak of ‘Ram Rajya’ in the context of development and prosperity, actualizing these ideals amidst persistent economic inequality and poverty remains an issue.
• Justice and Access to Rights: The complexity and cost of legal procedures contrast Gandhi’s vision of a system where the most marginalized can swiftly obtain justice.
• Communal Harmony: The invocation of ‘Ram Rajya’ comes at a time of heightened communal sensitivity in India, potentially disrupting harmony if the term is seen as exclusionary.
• Constitutional Values: Upholding the fundamental rights enshrined in the Indian Constitution in the light of Gandhian philosophy, emphasizing equality and non-discrimination across all spectrums of society.

WAY FORWARD: –

• Enhancing Constitutional Understanding and Moral Governance: Strengthen civic education to enhance understanding of constitutional values and the vision of ‘Ram Rajya’ as a moral and ethically governed state. Educational reforms incorporate teachings on justice, equality, and truth in the curriculum to build a socially conscious citizenry.
• Enforcing Secularism and Religious Harmony: Reinforce the secular ethos through policies and public discourse, emphasizing the state’s neutral stance on religion. Encourage interfaith dialogue and initiatives that promote mutual respect and understanding among diverse religious communities.
• Bridging Socio-Economic Inequalities: Implement equitable economic policies to minimize disparities and ensure that the benefits of growth reach the most marginalized segments. Monitor and address the root causes of poverty and social injustice to realize the welfare state envisioned in ‘Ram Rajya’.
• Streamlining Access to Justice: Simplify legal processes and improve access to justice for all, particularly the impoverished and marginalized communities. Invest in legal aid services and judicial infrastructure to ensure fairness and efficiency in dispensing justice.
• Promotion of Non-Violence and Peaceful Coexistence: Adopt Gandhian principles of ahimsa (non-violence) in conflict resolution at both domestic and international levels. Engage civil society and community leaders in peace-building efforts to foster non-violent advocacy and action.
• Inclusive Development and Political Integrity: Development policies must be people-centric, focusing on improving the quality of life for every citizen, irrespective of their socio-economic status. Uphold political integrity and accountability, ensuring that governance is transparent, responsive, and corrupt-free.
• Fostering Self-Introspection and Personal Growth: Promote self-introspection for personal and societal growth inspired by Gandhian philosophy. Encourage self-improvement and community service to contribute to collective welfare. Achieve “Ram Rajya” – where everyone is treated with dignity, has rights, and can live harmoniously.

THE CONCLUSION: –

The ‘Ram Rajya’ concept advocated by Mahatma Gandhi represents a secular framework that upholds justice, equality, and truth. It aligns with the constitution and promotes democratic values, moral governance, and non-violent reform for all citizens, irrespective of their socio-economic background.

UPSC PREVIOUS YEAR QUESTION

Q.1) “Anger and intolerance are the enemies of correct understanding.” Mahatma Gandhi (2018)

Q.2) Throw light on the significance of Mahatma Gandhi’s thoughts in the present times. (2018)

MAINS PRACTICE QUESTION

Q.1) What were some key elements of Gandhi’s “Ram Rajya” concept, and how did he interpret it? How did Gandhi link Ram Rajya to principles such as justice, non-violence, and democratic governance?

SOURCE:

https://indianexpress.com/article/explained/this-quote-means-ayodhya-ram-temple-gandhi-ram-rajya-9120495/

THE CONTEXT: Recently, the Government of India has cancelled the Foreign Contribution (Regulation) Act (FCRA) licence of the Centre for Policy Research (CPR) less than a year after suspending the FCRA licence. A free civic space regulated under constitutionally guaranteed principles is the essence of democracy, however, the recent instance shows that civil society is under threat in India.

ISSUES:

• Restraining civil liberties: The recent curb of financing of civil society denotes eroding of civil liberties in India. The government has given the justification that CPR publications are similar to current affairs programming which is prohibited for an entity using FCRA funds which is quite unreasonable.
• Curbing dissent and alternate views: As a premier think tank, theCPR has been providing an ecosystem of governance and policymaking where multiple stakeholders through informed debates acts as the hallmark of a democracy. A decision to effectively shut down such an institution by crippling its finances is an indication of curbing dissent and free flow of knowledge and ideas.
• Using FCRA as a weapon: The move also fits into a broader pattern of the state wielding the FCRA as a weapon to silence entities whose work is not aligning to the ruling government like those working on environmental issues, civil liberties, and human rights. The FCRA itself has emerged during the Emergency to address the concern of foreign governments interfering in India’s internal affairs by channelling funds through NGOs. Since then, it has been amended by successive governments, with the provisions becoming more stringent.
• Malign international image: The International Commission of Jurists has raised concern regarding the latest amendment of FCRA in 2020 and denounced it as “incompatible with international law”. It warned that it would “impose extraordinary obstacles on the capacity of civil society actors to carry out their important work”. When the U.S.-based non-profit, Freedom House, in its Democracy Index, downgraded India to an “electoral autocracy”, a reason it cited was erosion of civil liberties. Though, the government is hypersensitive to rankings on international indices, yet unwilling to acknowledge the link between perception and reality.

THE WAY FORWARD:

• Alternate funding: There is a need to promote alternate funding for civil societies through Local Resource Mobilization (LRM) and corporate funding. It can also be done by charitable funding by pooling resources for a more significant impact.
• Enact legislation: The Union Government should draft a comprehensive model legislation covering both Trusts and Societies in lieu of the existing laws on Societies, Trusts, Endowments and Charitable Institutions etc. The government should recognize the importance of a strong civil society for the effectiveness of key laws as Right to Information Act and National Food Security Act.
• Establish system of accreditation: A system of accreditation or certification of voluntary organizations which seek funding from government agencies should be established. Government should take initiative to enact a law to set up an independent body to take up this work.
• Collaboration: It is essential that the Government and the civil societies should collaborate and work together where feasible. Such partnership may also include other entities such as panchayati raj institutions, municipalities, academic institutions, and private sector organizations.
• Stakeholder consultation: There is a need to devise proper consultation through a formal process of interaction at the Centre, State and District level. Stakeholder consultation acts to tackle complex interventions where sustained social mobilization is critical over the long term.
• Transparency and Accountability: Civil society organisations as well should be transparent in their functioning and accountable to the people they serve, to gain their trust and support.

THE CONCLUSION:

The recent shutting off the finances of civil society organisations is an example of civil liberties erosion which tends to amplify the narrative of democratic backsliding. There is a need to promote a vibrant civil society and institution building in the country to protect human rights seeking truth, justice, and reparations.

UPSC PREVIOUS YEAR QUESTION

Q. Can Civil Society and Non-Governmental Organisations present an alternative model of public service delivery to benefit the common citizen? Discuss the challenges of this alternative model. (2022)

MAINS PRACTICE QUESTION

Q. A free civic space regulated under constitutionally guaranteed principles is the essence of democracy.  Examine the statement in light of recent cancellation of Foreign Contribution (Regulation) Act (FCRA) licence of the Centre for Policy Research (CPR).

SOURCE: https://www.thehindu.com/opinion/editorial/democratic-backsliding-the-hindu-editorial-on-the-state-wielding-the-fcra-as-a-weapon/article67762270.ece

CONTEXT: India’s wheat stock situation is unstable, the government has managed supply-side issues for pulses and edible oils but not for wheat, rice, and sugar. This lack of stability is affecting long-term investments and strategic planning. A comprehensive agrarian vision is needed to address inflation concerns and ensure sector health. Future governments must prioritize this issue to safeguard India’s food security and agricultural industry.

ISSUES

• Existing Wheat Stocks: Government warehouses hold wheat stocks at a seven-year low but sufficient to meet more than the minimum buffer requirements for the next three months.
• Interim Measures for Inflation Control: Government actions such as export bans and market interventions aim to manage food inflation.
• Supply Challenges: There are potential issues in the supply challenges with complexities in demand forecasting and gaps in distribution supply chains.
• Policy on Import and Exports: The current government’s hesitancy to open imports for key staples despite similar proactive measures for pulses and edible oils.
• Impact on Investment in Agriculture: Unpredictable policies have undermined investment incentives in processing, warehousing, and research areas.
• Selective Reactivity: The government’s quicker action on pulses and edible oils contrasted with a cautious approach to wheat, rice, and sugar.
• Export and Import Regulations: Restrictions on exports and domestic stock holdings; reservations about opening imports despite supply pressures.

THE WAY FORWARD

• Strategic Reserves: Enhance and diversify strategic reserves to include multiple grains to prepare for variations in crop output.
• Robust Infrastructure: Invest in robust storage and logistics to minimize post-harvest losses and ensure efficient distribution, particularly focusing on regions prone to shortages.
• Cold Storage Facilities: Expand storage facilities to preserve perishable crops, stabilize markets, and reduce waste.
• Flexible Import Policies: Formulate more responsive import policies that can be adjusted quickly to domestic production and international market changes.
• Prudent Export Restrictions: Establish criteria for when to impose or lift export bans, ensuring they are used as a tool for market stabilization rather than a standard reaction.
• Market Reforms: Implement market reforms to provide farmers with better market access, thus assuring fair prices and reducing the need for government intervention.
• Financial Instruments: Introduce crop insurance and futures trading for key commodities to protect farmers against price volatility and crop failures.
• Research and Development (R&D): Invest in agriculture R&D to improve crop yields, create drought-resistant varieties, and develop sustainable farming practices.
• Agricultural Technology: Promote precision farming, IoT, and AI to optimize resource use and increase farm productivity.
• Long-Term Agricultural Policy Framework: Develop a long-term policy framework for agriculture that includes input from stakeholders and experts to ensure consistency and predictability.
• Farmer Education: Educate farmers on best practices, market trends, and alternative cropping patterns through extension services.
• Inclusive Growth: Ensure that agricultural growth is inclusive, benefiting small and marginal farmers and integrating them into the value chain.
• Consumer and Producer Price Stabilization Funds: Create funds to moderate volatile prices and secure farmers’ incomes.

THE CONCLUSION:

The Indian agricultural industry needs a dynamic and sustainable framework that fosters innovation, resilience, and sustainability. This requires practical trade policies, strategic reserves, import-export flexibility, and investment in agricultural technology and support systems for farmers. By establishing a long-term agricultural strategy a sustainable agricultural future can be established that can adapt to changing climates, global market fluctuations, and evolving domestic needs.

UPSC PREVIOUS YEAR QUESTION

Q.1 What are the reformative steps taken by the Government to make the food grain distribution system more effective? (2019)

MAINS PRACTICE QUESTION

Q.1 Discuss the strategic measures the government should adopt in the short and long term to manage inflation effectively. Evaluate the impact of current supply-side management policies on various stakeholders in the agricultural sector, including farmers and consumers.

SOURCE:https://indianexpress.com/article/opinion/editorials/the-wheat-test-9118067/