THE CONTEXT: The government is overhauling India’s science establishment, which includes setting up the new National Research Foundation (NRF) and restructuring the Defence Research and Development Organisation (DRDO). In this scenario, a comprehensive assessment of the current administrative ability to optimise Indian science’s efficiency and resilience is necessary.
ISSUES
Low expenditure on research: One of the major issues constraining scientific outcomes in India is its low expenditure on research and development which is around 0.7% of GDP, compared to 3.5% for US and 2.4% for China. Added concern is inability to commit to long-term steady funding of critical projects when faced with the inevitable occasional failures.
Failure of scientific administration: The scientific administration is failing in India, for example, even the space programmes is witnessing narrowing leads. As in 2022, ISRO stood a very behind on launch numbers, with foreign startups racing ahead on key technologies such as reusable rockets. Likewise, the lead in nuclear energy has been fading away from being latecomers to small modular reactors to unutilisation of thorium ambition. On critical science and technology themes such as genomics, robotics, and artificial intelligence, the situation is even more alarming.
Domination of public sector: India’s science sector is dominated by the public sector. There are generic irritants associated with governmental bureaucracy, such as delay in approval of crucial time-dependent funding, or equitable decision making across different funding levels.The direction and organisation of science is inconsistent and unfit for the vital role which science must play going ahead.
Outsized role played by scientists: The defining feature of India’s science administration is the centrality of its senior scientists. However, there is another race going on there, with scientist trying to fit in the role of administrator as many try to become directors, vice-chancellors and secretaries to the Government of India. Therefore, top scientists rather than government bureaucrats are at the helm of India’s science administration.
Administrative efficiency: There is an argument that only scientists can appropriately run scientific institutions, considering the importance and technical rigours of the science that is supposed to go on in these places. The actual performance of these institutions is proof enough that this paradigm is faulty. This leads to shelved projects, loss of time and financial resources.
Lack of training: The lack of comprehensive training in selecting which particular metrics are appropriate under what circumstances leads to absurdities such as an entire project getting derailed due to a single invoice or acquisition. Administration is the art of translating policy into outcomes and scientists are simply not trained to prioritise between time, cost, or precision.
Conflict of interest: The scope for conflicts of interest in the present scenario and system is huge. Being an academic within the same institution in which one wields administrative control does not go well. Thus, scandals such as high plagiarism rates, paid publications in disreputable journals, and under-the-table dealings to garner government funding have become normalised.
Institutional capture and Factionalism: The culture of Indian science has descended into shoddy quality control and projects of scientific and strategic importance have been devastated due to reasons that range from competition to egotism. The fact that there is no system of all-India transfers of both scientists and science administrators only magnifies institutional capture and factionalism. Only few institutions have exclusive access to certain equipment which lead to emergence of system of gatekeepers. Many bright scientists’ careers and lives have been destroyed due to their conflicts with this oppressive network of gatekeepers.
THE WAY FORWARD
Focussing on positive funding balance: Considering such a low expenditure, there is a need to focus on allocating money wisely by emphasising on high-impact projects. Proper funding exhibit a significant drive towards supporting initiatives with the potential for commercial translation of products or services.
Freeing up scientist from administration: Administering an organisation as complex as a national lab or a university cannot be relegated to becoming a side-project of a ‘working’ scientist doubling up as a director or vice-chancellor. In this scenario, there is a need to free up scientist from administration, this will lessen the burden of scientists and will help use their expertise in research.
Separation of administration and scientific management: There is a need for separation between administration and scientific management. The separation of administrators and scientists is something which most robust science establishments generally embrace. Administration requires a particular skill set, most importantly, the allocation of money, resources and time. Indeed, attributes associated with good scientists, such as individuality, constructive ego, and erudition, have little congruence with the demands of administration tact, realism, flexibility and firmness.
International experience: An American middle-way arrangement can be adopted in this regard, where scientists are selected and trained in an all-India pool of a science administration central service. In U.S., with labs being embedded in the university ecosystem and run by scientists, selects scientists for an administrative role quite early on in their careers. Such selected science administrators only carry out administrative tasks thereon, and are groomed for the task, with very few of them ever going back to active science.
Cultivating a supportive ecosystem: A flourishing research ecosystem thrives on funding, infrastructure and a critical mass of expertise. Enhancing the quantum of allocation of research funds through government grants, which are the primary support for Indian researchers can result in more ideas coming to life. Enabling research exposure at the undergraduate level can motivate more youngsters to pursue research as a career.
Building trust: Scientists often prioritise delving into the fundamental aspects of a problem, and publishing their observations, sometimes sidelining the application of their findings. However, recognising the value of impactful outcomes, researchers can make significant contributions by formulating research proposals that address pressing societal needs. By bridging this gap between fundamental exploration and real-world innovation, the innovation pipeline gains momentum.
THE CONCLUSION:
Administration is something which has to be taught and practised separately from the subject matter being administered. Without addressing these core concerns, India’s science establishment will continue to do injustice to its economic and strategic aspirations. Research thrives when scientists can devote their time and energy to solving problems in science rather than administration. India presents a promising landscape of research and scientist need to strike the delicate balance between administrative tasks and their core research to achieve outstanding scientific outcomes.
UPSC PREVIOUS YEAR QUESTIONS
Q.1 How is science interwoven deeply with our lives? What are the striking changes in agriculture triggered off by science-based technologies? (2020)
Q.2 Scientific research in Indian universities is declining, because a career in science is not as attractive as our business operations, engineering or administration, and the universities are becoming consumer-oriented. Critically comment. (2014)
MAINS PRACTICE QUESTION
Q.1 The administrative setup of any complex organisation is its central nervous system, and the same is true for science establishments. Examine the statement in light of challenges of administration in the arena of science and technology in India.
NETFLIX ‘ANNAPOORANI’ TAKE-DOWN: WHY OTT PLATFORMS BENT THE KNEE TO MORAL POLICE
THE CONTEXT: There has been a controversy surrounding the Tamil film Annapoorani and its removal from Netflix due to allegations of hurting religious sentiments. It highlights the growing influence of self-appointed guardians of culture and religion. They have shown the capability to intimidate even multinational corporations and filmmakers.
ISSUES:
Threats to Creative Freedom: The Tamil film Annapoorani controversy exemplifies how self-appointed cultural watchdogs can intimidate filmmakers and production companies. Filmmakers are coerced into self-censorship, limiting creative expression and hindering the exploration of contentious or provocative themes. This inhibits the evolution of artistic endeavours and hampers the growth of alternative perspectives.
Influence of Corporations and Market Pressures: Streaming platforms initially provided a platform for independent filmmakers to create content free from regional morality constraints. However, commercial considerations and the pursuit of wider audiences led to the dominance of established production houses, resulting in fewer opportunities for unique and groundbreaking work.
Erosion of Cinematic Autonomy: The ability of streaming platforms to run uncensored versions of films was seen as a breakthrough in the field. Netflix, embroiled in multiple controversies, has ceased streaming uncut Indian films globally, highlighting the diminishing autonomy of streaming platforms in the face of societal pressure.
Impact on Freedom of Expression: The unofficial censorship and self-censorship practices restrict the transmission of ideas and hinder the artistic pursuit of truth, resulting in a disservice to the cause of art and cinema. Fear becoming an ingrained habit erodes the willingness of artists to challenge norms and express unconventional ideas, stifling creativity and contributing to a homogeneous cultural landscape.
Moral policing: There is an increasing influence of fringe elements in dictating censorship and moral standards in the entertainment industry. This can stifle creativity and hinder the exploration of unconventional or controversial themes in films and shows.
WAY FORWARD:
Strengthening self-regulatory bodies: Encouraging streaming platforms to establish effective self-regulatory bodies that can assess and classify content based on age-appropriateness and sensitivity, taking input from various stakeholders. This can help strike a balance between creative freedom and cultural sensitivities.
Transparent content guidelines: Streaming platforms should clearly communicate their guidelines and ensure content selection and moderation transparency. This can help creators understand the boundaries and minimize self-censorship.
Encouraging diversity in content: Platforms can actively promote and invest in diverse narratives that showcase different perspectives, cultures, and beliefs. This can help foster a more inclusive range of content that appeals to a broader audience while respecting cultural sensitivities.
Strengthening legal safeguards: Governments can consider reviewing and updating existing laws and regulations to balance freedom of expression and addressing concerns related to cultural and religious sensitivities. This can include providing clearer guidance on content classification and addressing censorship issues.
Engaging in dialogue: Open and inclusive discussions between filmmakers, streaming platforms, and cultural/religious organizations can help foster mutual understanding and bridge the gap in perspectives. This can contribute to finding common ground and resolving disputes through constructive dialogue.
Promoting media literacy: Educating the public about media literacy can help people critically analyse and interpret their content. This can encourage a more informed and nuanced approach to understanding and engaging with diverse narratives.
Protecting artistic freedom: Ensuring filmmakers and artists can express their creativity without fear of reprisal or personal threats is crucial. This can be supported by maintaining an atmosphere of open dialogue, respect for diverse viewpoints, and protecting artists’ rights.
International Collaboration: The Indian government can collaborate with global counterparts, sharing best practices and experiences dealing with content regulation and creative freedom. International partnerships can provide valuable insights and help shape a holistic approach to address the challenges faced by the streaming industry.
Need for a balanced mechanism: The Central Board of Film Certification (CBFC) can act as a balancing mechanism to ensure the rights of artists and the public. This highlights the need for a fair and impartial content regulation system that respects artistic freedom while addressing cultural sensitivity and public interest concerns.
THE CONCLUSION:
It is important to balance artistic freedom, cultural sensitivities, and the values of a diverse society. By implementing these solutions, stakeholders can work towards fostering an environment where creative expression is respected while addressing concerns related to hurt sentiments and divisive narratives. Recognizing the importance of an open and inclusive marketplace of ideas is crucial for the sustained growth of a vibrant creative industry while ensuring societal harmony.
UPSC PREVIOUS YEAR QUESTIONS
Q.1 The expansion of the Internet has instilled different cultural values, often conflicting with traditional values. Discuss (2020)
Q.2 How do pressure groups influence the Indian political process? Do you agree with this view that informal pressure groups have emerged as more powerful than formal pressure groups in recent years? (2017)
MAINS PRACTICE QUESTION:
Q.1 Examine the challenges faced by the content streaming industry in India about censorship and self-censorship. Discuss the impact of fringe elements and self-appointed moral guardians on creative expression and the resultant fear and hesitation among filmmakers.
THE CONTEXT: Since liberalisation in 1991, the audiovisual media has undergone a massive transformation. From the freeing of broadcast media from government control to spread of internet have prompted an explosion in the quantity, if not quality of media offerings. In the process, Indian journalism have changed in style as well as substance drastically as well.
ISSUES
Privileging sensation over substance: Currently media is driven by the “breaking news” culture and competing just for sensation and rating points. Media has given up any pretence of providing a public service and privileging sensation over substance.
Social media: Social media with its culture of unverified fact and viral opinion compounds the problem as it offers a ready platform for material that pass without any scrutiny.
Print media: Matter are not much better in the print media as well despite its ability to provide context, depth, and analysis that television cannot provide. As, with rise of social media and relentless 24×7 breaking news cycle pressurise print media to publish without the traditional recourse to fact-checking.
Rush to judgement: In a rush to air the story, media has fallen prey to the inevitable rush to judgment. In this way it serves simultaneously as witness, prosecutor, judge, jury and executioner. Media has become an agent of malicious allegation and charges are reported uncritically which cause the irreparable damage to innocent people’s reputations.
Distortion of facts: There has left no distinctions among fact, opinion and speculation, reportage and rumour which has blurred the relevance of today’s Indian media.
Affects democratic structure: The media’s obsession with the superficial and the sensational news trivialises public discourse. It turns down the media responsibility in democracy as it serves as a weapon of mass distraction from the public from the question of accountability.
THE WAY FORWARD
Ensure free press: An independent press and news-media press act as an important check on Government and Administrators. Therefore, there is a need for free and professional media which is honest and efficient to serve as both mirror to society and to probe wrongdoings.
Enforce culture of fact verification: There is a need to promote a culture of fact-verification and accuracy that the industry currently appears to lack. Journalists should not feel pressed by their employers to “break the news”, but empowered to hold stories until they are sure their facts and accusations are accurate. The rush to judgment on the basis of partial information must stop.
Training: There is a need to insist on better journalistic training at accredited media institutes that emphasise values of accuracy, integrity and fairness in their students. These standards should extend to media organisations when misleading statements are published, these outlets should issue retractions with equal prominence.
Ensuring diverse perspectives: There is a need to welcome different perspectives in our newsrooms and not allow them to become echo chambers forcing an opinion onto their viewers. Newsrooms must be required to maintain a more diverse journalistic environment and must be required to provide some space for the alternative view.
Welcoming feedback: The journalists must welcome comments and feedback from their viewers and readers, to generate both an environment of trust between the consumers and the media. For example, The Hindu is one of the newspapers to have a Readers’ Editor who serves as an Ombudsman for the newspaper and acknowledges mistakes of fact or emphasis in the newspaper’s coverage. This helps drive a natural cycle of loyalty and engagement between the paper and its readers.
Laws and regulations: The government must introduce laws and regulations that limit control of multiple news organisations by a single business or political entity, thereby encouraging an independent and robust press in the country.
The media which is referred as fourth Estate have slipped from its true place in India is a serious concern for democracy. For India to emerge as a responsible global player in the world and a model for 21st-century democracy, there is need of accountable and responsible media serving as the fourth pillar of our democracy.
UPSC PREVIOUS YEAR QUESTION
Q.1 Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy. (2017)
Q.2 “Recent amendments to the Right to Information Act will have a profound impact on the autonomy and independence of the Information Commission”. Discuss. (2020)
MAINS PRACTICE QUESTIONS
Q.1 Free and independent media are the lifeblood of our democracy. Discuss the significance of the statement and suggest measures that needs to be taken to ensure the freedom of press.
Q.2 The free press is both the mortar that binds together the bricks of our country’s freedom, and the open window embedded in those bricks. Comment.
NITI AAYOG ‘POVERTY’ STATS: SERIOUS THEORETICAL, METHODOLOGICAL, EMPIRICAL QUESTIONS
THE CONTEXT: The NITI Aayog and UNDP’s report on the Multidimensional Poverty Index raises critical discussions on poverty measurement in India. Government claims of poverty reduction contradict scholarly critiques on the validity of data considering the COVID-19 pandemic impact. This debate underscores an urgent need for transparent, accurate socioeconomic statistics to inform equitable policymaking.
ISSUES:
The Reliability of Multidimensional Poverty Index (MPI) Data: There is a concern about the accuracy of the statistical methods and the credibility of the MPI data, especially given the contrast with the economic slowdown and the impact of the COVID-19 pandemic. Existence of unresolved theoretical and methodological questions concerning the measurement of multidimensional poverty.
Projection Beyond Survey Data: Use of NFHS data for a limited period to project trends beyond the actual survey years raise questions about the validity of such forward projections.
Disproportionate Economic Impact of the COVID-19 Pandemic on Poverty: Evidence suggests that lower-income groups experienced greater income losses during the pandemic, thus potentially increasing multidimensional poverty. Differential impact on income levels across various percentiles, with the poorest experiencing significant income drops.
Non-monetary Deprivations: The pandemic exacerbated difficulties accessing essential services like education and healthcare, likely increasing multidimensional poverty. Increasing non-monetary educational, healthcare, and nutrition deprivations points to a rise in absolute and relative poverty measures.
Challenges in Poverty Statistics: The suspension of consumption expenditure surveys since 2014 has led to a lack of updated and reliable data for accurate poverty measurement. There is a need for critical scrutiny of poverty and welfare statistics to avoid misleading conclusions.
Political and Ideological Overtones in Poverty Measurement: There are accusations that the MPI data is being used to support a government narrative of successful poverty reduction rather than presenting an objective reality.
Development Indices’ Limitations: Limitations are inherent in the chosen indicators and metrics used to construct development indices.
Utility versus Deprivation Perspectives: The inadequacy of growth as a sole indicator of quality of life and the imperative for considering utility and deprivation in evaluating poverty. Poverty is a broader concept reflecting powerlessness and lack of opportunity rather than mere income levels.
THE WAY FORWARD:
Revival and Improvement of Statistical Mechanisms: The government should prioritize reviving the consumption expenditure survey and regularly updating the census data to provide a reliable foundation for poverty assessment.
Transparent Data Sharing and Accessibility: An institutional framework ensuring transparency and public accessibility of raw data can be effective. This would facilitate cross-verification and independent analysis, enhancing the conclusions’ credibility.
Inclusion of Pandemic Impact in Data Modelling: Given the adverse economic impacts of the COVID-19 pandemic, new models should be developed to capture the multidimensional aspects of poverty that account for this shock.
Multi-disciplinary Approach to Poverty: Addressing poverty requires understanding its multifaceted nature, involving economists, sociologists, public health experts, and other relevant professionals to encompass all dimensions of poverty.
Policy Responsiveness: Design policies responsive to the ground realities captured through robust data and ensure that welfare programs are readjusted based on empirical evidence of their impact.
Multipronged Poverty Assessment: There should be an incorporation of diverse methods for poverty assessment beyond income/expenditure, including indices that reflect real access to services and opportunities and acknowledge non-monetary deprivations.
Expanding Social Protection Measures: The government should re-examine and expand social protection measures to shield the most vulnerable from economic shocks, such as those experienced during the pandemic.
THE CONCLUSION
The robust debate around the Multidimensional Poverty Index highlights the vital need for transparent, empirical data to shape effective policy. Addressing poverty in India with accurate metrics is crucial for directing welfare measures where they are most needed. Through this lens of critical evaluation and non-partisan methodology, future policies must be crafted to address the multifaceted nature of poverty truly.
UPSC PREVIOUS YEAR QUESTION
Q. Though there have been several different estimates of poverty in India, all indicate reduction in poverty levels over time. Do you agree? Critically examine with reference to urban and rural poverty indicators. (2015)
MAINS PRACTICE QUESTION
Q. Discuss the challenges and implications of using the Multidimensional Poverty Index (MPI) to measure poverty in India, considering the conflicting narratives and political influence on poverty statistics. What steps should be taken to ensure a depoliticized and analytically coherent discourse on poverty and social policy in the country? Explain.
JUDICIAL CONTRADICTION IN DELHI CHIEF SECRETARY’S EXTENSION
THE CONTEXT: The Supreme Court of India granted a six-month extension to Delhi’s Chief Secretary Naresh Kumar in November 2023. The Court’s approval of an extension for Delhi’s Chief Secretary is seen as an instance of judicial self-abnegation.
ISSUES:
Judicial self-abnegation: It has been observed that government has been hard headed in this case. Court abstained from self-restraint and justified the government stance. Apex court is criticised for being inconsistent with its past rulings.
Ignoring the accusations: Supreme court has justified the extension with Government of National Capital Territory of Delhi (GNTCD) amendment act 2023 despite having allegations of corruption and favouritism The Solicitor General has mentioned that the central government is the ultimate decision-making body over the appointment of a chief secretary for the Government of the national capital territory of Delhi.
Executive circumventing the judiciary: GNTCD amendment Act 2023 was passed to negate the service judgement by supreme court which held that under Article 239AA of the Constitution, the elected government of Delhi exercises control over services in Delhi. Delhi government’s recommendation was necessary for extending the tenure of the Chief Secretary under Rule 16 of the All-India Services Rules, 1958.
Creating exception as an excuse: Supreme Court has carved an exception for the Chief Secretary of Delhi by holding that he is differently placed than other services and not bound by the Services judgment. However, the Court’s current order of November 29, 2023, permitting the Union Government to unilaterally extend the tenure of the incumbent Delhi Chief Secretary despite the Delhi Government’s opposition, undone the Court’s own reasoning and constitutional logic.
Unresolved conflicts: Serious allegations of corruption are imposed on the chief secretary which are currently under investigation. Chief secretary has completely lost the trust and confidence of elected government. Therefore, chief secretary tenure can’t be extended in the name of public interest and any justification. Otherwise, it perpetuates the distrust between the elected government and the bureaucracy in all matters of governance.
Ignoring the landmark judgements: Supreme court has not taken Royappa case into account in which it has explained the significance of chief secretary. Royappa held that Chief secretary is lynchpin in administration necessitating rapport between him and chief minister.
Deciding matter on convenience: The court failed to note that the 2023 amendment did not overrule the application of Royappa case, and it is the “position of law as it exists today”. This flaw is clear from the fact that the Court order does not even rely on the 2023 amendment, for there is no provision under it relating to the appointment, or the extension of tenure, of the Delhi Chief Secretary.
Impacting the federal relations: Supreme Court erroneously held that Lt. Governor can act in his sole discretion in appointment of Chief Secretary of Delhi. However, it should be grounded on the aid and advice of the elected Government of Delhi. The Court reasoned that the Chief Secretary is concerned with the three subjects reserved for the Union Government but overlooked the hundred state subjects over which Delhi government has competence.
THE WAY FORWARD
Adherence to the constitution: Judges should maintain a firm commitment to uphold the Constitution. This involves actively ensuring that all laws and acts of the executive are in line with constitutional mandates.
Maintaining right judicial position: The Supreme court should revisit and recollect the past judgements related to services to give reasonable and consistent judgements. Developing and adhering to robust legal principles and frameworks can help guide when self-restraint is appropriate and when it veers into self-abnegation.
Addressing the corruption: There should not be even an iota of complacency in addressing the complaints of corruption. Investigations should be held in time bound manner.
Impact on governance and accountability: The Supreme court should uphold the constitutional principles consistently. The judiciary should assert its independence by refraining from undue deference to the political branches of government.
THE CONCLUSION:
The key is for the judiciary to find the right balance in fulfilling its constitutional duties effectively while respecting the functions and competencies of the legislative and executive branches. The Supreme Court may enhance the clarity in orders and appropriateness with reasonability of its decisions on matters related to the services in NCT of Delhi.
UPSC PREVIOUS YEAR QUESTION
Q.1 Whether the Supreme Court Judgment (July 2018) can settle the political tussle between the Lt. Governor and elected government of Delhi? Examine. (2018)
MAINS PRACTICE QUESTION
Q.1 Examine the concept of judicial abnegation within the context of the Supreme Court’s handling of service matters pertaining to the Chief Secretary of Delhi. Discuss the implications of the Supreme Court’s decision in the context of administrative control within the National Capital Territory.
‘Beyond Basics’ was released. It was based on a survey held in 28 districts across 26 states, reaching a total of 34,745 youths in the age group 14-18 years.
WHAT IS ASER REPORT?
ASER report is facilitated by Pratham Education Foundation since 2005. It is a large-scale citizen-led household survey that aims to understand whether children in rural India are enrolled in school and whether they are learning.
The ASER report examines the schooling status and foundational learning of children across districts and states of rural India.
Originally it was an annual publication but after 2016, it has become a biennial report.
In the intervening years, ASER focuses on different aspects of children’s education and learning. For instance, in 2017, the survey focused on the enrollment patterns, learning levels, awareness and aspirations of rural youth aged 14-18. In 2019, it focused on enrollment and school readiness of young children aged 4-8.
It collects data on the enrolment status of children in the age group of 3-16 years, and basic reading and arithmetic levels of children in the age group of 5-16 years.
MORE ON THE NEWS:
In 2023, ASER focuses on 14–18-year-olds & provides evidence on enrollment patterns, learning levels and their aspirations. It also explores digital access & skills among youth in rural India.
This will be the second year since the return of the key national survey that captures the state of foundational literacy and numeracy in the country.
But like ASER’s previous editions, the latest report doesn’t see enrollment as the only goal. It lists failings and challenges and charts opportunities.
FINDINGS OF ASER, 2023:
Learning post pandemic: The survey highlighted the learning outcomes post pandemic on students in the age bracket of 6-14 years. The number has gone from 96.6 per cent in 2010 to 96.7 per cent in 2014 and 97.2 per cent in 2018 to 98.4 per cent in 2022. There was an increase of 7.3 percentage points in government school enrolment from 2018 to 2022.
More enrolment: It was for the first time the percentage of children currently not enrolled in schools dropped to 2 per cent or below in 2022. Even after prolonged school closures during the pandemic period, proportion of children not enrolled in school continued to decline between 2018 and 2022. It confirms the trend of more students transiting to secondary education. Concerns that the pandemic-induced economic distress would result in older children dropping out of school have been refuted.
Survey in northeastern states: The ASER report said the survey was conducted across nine districts, 262 villages, and 4,859 households in Manipur. The survey highlighted that Manipur has the lowest government school enrolment percentage among northeastern states.
Issue in foundational skills: There is concern in foundational skills as about a fourth of those surveyed find it difficult to read a Grade 2 level text in the local language and more than half struggle with arithmetic skills, they should have been proficient in by Grade 5.
Skilling issue: This is a serious deficit that has a bearing on the quality of the country’s labour force no skilling programme, however ambitious and well-designed, can succeed when its targeted beneficiaries have problems with elementary reading and basic arithmetic.
Increasing academic pressure: The report highlights one of the most reported concerns of recent times which is increasing pressure on young students amidst acute academic competition. The problem, as ASER 2023 reveals, is not confined to urban areas.
Technological use: NEP 2020 envisions embedding digital technologies in the educational landscape. Reports highlights the increasing use of smartphones in rural areas about 95% surveyed households had these devices and nearly 95% men and 90% women could use them. However, the report highlights that the use of smartphones for education today is way less than that for entertainment.
Vocational training: ASER report highlighted that Vocational skilling is not the first choice for youth and only 6 per cent of the surveyed are currently doing vocational courses.
RECOMMENDATION OF ASER REPORT:
Vocational education: The policymakers should re-imagine vocational education as NEP envisages and make it truly aspirational.
Tapping demographic dividend: ASER report has significant pointers on how country could use education to leverage its demographic dividend as it focuses on an age group that is critical for unlocking demographic dividend.
Developing individual capabilities: The report talks of shifting from a curriculum-centred approach to one focused on the individual learner. ASER suggests reforming pedagogic processes to reduce pressures on students. The use of digital and other educational capabilities of youngsters could provide cues to policymakers in implementing NEP’s
Use of technology: Increasing use of technology is an opportunity to extend education, and design classrooms that are flexible with time and schedules. However, planners will have to find ways to push students and their parents to use digital technologies for learning.
Integration with Anganwadi: The report suggested integration between the Anganwadi system and the school system is urgently needed to ensure overall learning development.
THE CONCLUSION:
The recently released ASER report highlights the issues and challenges faced by the education sector in rural areas. It stated that to able to realise the demographic dividend, India needs to opt for prudent reforms in its technical and vocational education and training systems.
UPSC PREVIOUS YEAR QUESTIONS
Q. “‘Earn while you learn’ scheme needs to be strengthened to make vocational education and skill training meaningful” (2021)
Q. National Education Policy 2020 is in conformity with the Sustainable Development Goal-4 (2030). It intends to restructure and reorient education system in India. Critically examine the statement. ( 2020).
MAINS PRACTICE QUESTIONS
Q. Recently released Annual Status of Education Report (ASER), 2023 highlights the gaps in learning in India. Discuss the challenges and recommendations highlighted in the report to tap the demographic dividend in India.
FROM DAVOS TO NAM, UNRAVELLING OF THE OLD-WORLD ORDER, THE END OF PEACE
THE CONTEXT: Recently, the three summits one in Davos, Switzerland and the other two NAM and G77 in Kampala, Uganda point to the shifting terrain of global politics in 2024. This is indicative of the recognition of emergence of a new world order.
MORE ON THE NEWS:
Both, the world’s rich and powerful in Davos and the underprivileged in Kampala have a shared problem dealing with structural changes in the international system. The summits also highlight the contrast between the agendas of India and China.
On the one hand slogans on globalism were highlighted in Davos and on the other hand collectivism of the Global South in Kampala have been put forward.
The annual gathering at Davos has not been able to take the fact that renewed great power conflict and economic nationalism have affected globalisation.
However, the summits of the Non-Aligned Movement and the G77 in Kampala are as well insufficient to deal with the challenges and opportunities of the changing world order.
STATUS OF THE WORLD ORDER AFTER COLD WAR:
The Fall of the Berlin Wall, the Collapse of the USSR and the End of Cold War was followed by a period of relative harmony within the great power constellation dominated by the US.
On the economic front, the so-called Washington Consensus heralded an era marked by the free movement of capital, goods, services, and labour across borders.
The era also saw the redistribution of global economic activity to take advantage of cost differentials and policy permissiveness.
New political ideas of global governance as well emerged along with this economic transformation. It was believed that global problems such as climate change and the world’s increasing economic interdependence required the creation of supranational organizations that go beyond state sovereignty.
However, the current world order seems to have changed this perception and the Ukraine war seems to be one the indication that long peace between major powers has ended.
ISSUES:
Rising conflicts: The global scenario is marked by multiple crises, including geopolitical competition, inflation, and conflicts. The Ukraine war has dramatically undermined the journey towards an integrated world, the mounting tensions in East Asia driven by China’s muscular regional policies and a revitalisation of US alliances in the region have added dimensions to it.
Concern related to China: China’s rising hegemony as economic superpower and its continued efforts to expand its influence pose a potential threat to global security and interests.
Russia-China Strategic Alignment:The new alliance between Russia and China is among one of the greatest challenges since World War II. Major global powers are unable to address the political resentments of post-Soviet Russia, it is finding it even harder to cope with the ambitions of a rising China.
Challenges to the Rules-Based Order: There is an emerging challenge to rules-based order with declining influence of multilateral institutions and revival of antagonistic blocs. The issue of loopholes in global institutions, immigration, and climate activism had added the challenges to this order.
THE WAY FORWARD
Reforms Within the UNSC: There is a need for continuous pushing for reforms within the A more representative and accountable UNSC is the need to take on a more substantial role in addressing global issues.
Strengthening Regional Organizations:In some cases, regional organizations have taken on security and peacekeeping roles, such as the African Union and the European Union. Depending on the situation, these organizations can address regional conflicts more effectively than a global body like the UNSC.
Balanced approach: The present-day geopolitical and geostrategic circumstances present a multifaceted challenge to the world order. To ensure global security and sovereignty there should be a balance approach by focussing on the multilateralism.
Promoting Conflict Resolution and Diplomacy: Major global powers should prioritize diplomatic efforts and conflict resolution over military intervention whenever feasible. The UNSC should invest more in mediation, peacekeeping, and preventive diplomacy to avert crises before they escalate.
India’s stand: There is a need to maintain and strengthen our own foreign policy approach to tackle uncertain global situation. At the same time, there is a need to exploit the new possibilities to exploit the renewed great power contest for elite or national benefit.
THE CONCLUSION:
The international diplomacy is dynamic and the recent debates of emerging global order have raised the concerns regarding global peace, security and governance. Thus, in the given scenario, multilateral institutions and forums should actively engage to shape global norms and policies. However, at the same time it presents a tremendous opportunity for India to emerge as a global economic powerhouse and as a leader of global south.
UPSC PREVIOUS YEAR QUESTIONS
Q.1 “The long sustained image of India as a leader of the oppressed and marginalised nations has disappeared on account of its newfound role in the emerging global order.’ Elaborate. (2019)
Q.2 Evaluate the economic and strategic dimensions of India’s Look East Policy in the context of the post-Cold War international scenario. (2016)
MAINS PRACTICE QUESTION
Q.1 In the light of evolving global order, discuss the challenges for the global peace and security. Outline a comprehensive strategy that world powers should adopt to effectively safeguard multilateralism.
RELEVANCE TO UPSC SYLLABUS: GS 3: ENVIRONMENT: ENVIRONMENTAL POLLUTION AND DEGRADATION; ENVIRONMENTAL IMPACT ASSESSMENT
THE CONTEXT:Air pollution is a big menace for the city of Delhi which faces this issue annually. The problems with poor air quality usually attract attention during late autumn when stubble burning is at its peak in the states neighbouring the NCR. However, data shows that good or even moderately satisfactory air evades the capital’s residents for most parts of the year, especially in winter.
REASONS:
Crop Burning:Farmers of the states around Delhi carry out stubble burning which leads to generation of pollution and these pollutants are carried towards Delhi.
Vehicular Emissions: Vehicle emissions contribute to the dangerous impacts of smog and air pollution. Due to the sheer volume of automobiles on the road, this is a significant source of pollution.
Construction Dust: Increase in construction and other infrastructure work in the region has led to generation of construction dust, which acts as a pollutant.
Industrial Pollution: Delhi-NCR’s industries have not embraced environmentally friendly fuels and methods. They emit harmful gases which cause pollution.
Stagnant Winds: During winter months, the upward movement of air from the layers below is stopped which causes polluted air to be stagnant over the region. Due to stagnant winds, the pollutants generated in the area get trapped over the region which increases the chances of pollution to a great extent.
Geographical Reason: As Delhi is land-locked from all sides, the north-westerly winds coming from Pakistan and Afghanistan bring in large amounts of dust particles to the region. Due to the presence of Himalayas, which block the escape route of the air, the dust and pollutants settle in the region.
Lack in programme implementation: There is lack of effectiveness in programme implementation to tackle air pollution. For example, CAQM has not developed a synergy between the different bodies whose work is crucial to ensure clean air pollution. In 2019, the government launched the National Clean Air Programme (NCAP) to reduce pollution by 20-30% by 2024 compared to 2017. In 2022, the programme’s goalposts were shifted 40% reduction in pollution by 2026. Most independent studies show that progress under NCAP has been slow.
Unutilised funds: Recently, Centre told Parliament that cities in Delhi-NCR have utilised less than 40 per cent of the funds allocated to curb air pollution.
GRAP is a set of incremental anti-pollution measures that are triggered to prevent further worsening of air quality once it reaches a certain threshold in the Delhi-NCR region.
The implementation of Stage-III GRAP mandates immediate action on multiple fronts. The Sub-Committee decides to invoke 8 point action plan as per Stage-III of revised GRAP in the entire NCR with immediate effect.
The anti-pollution steps under the 8-point action plan by the central commission are:
Intensify the frequency of mechanised and vacuum-based sweeping of roads.
Ensure daily water sprinkling, along with dust suppressants, before peak traffic hours on roads and pollution hotspots.
Intensify public transport services and introduce differential rates to encourage off-peak travel.
Enforce a strict ban on construction and demolition activities in the entire NCR, except essential projects.
Close down operations of stone crushers.
Close down all mining and associated activities in NCR.
Impose strict restrictions on the operation of BS III petrol and BS IV diesel LMVs.
Make a decision on discontinuing physical classes in schools for children up to class 4 and conduct classes in an online mode.
THE WAY FORWARD:
Address Municipal Solid Waste (MSW) burning: A study found that Delhi burns 190 to 246 tons of MSW every day, which severely pollutes the air. Therefore, any form of garbage burning must be stopped and authorities need to develop infrastructure for effective collection and disposal of MSW.
Promote the use of electric and BS-VI vehicles: On an average vehicle can contribute up to 25% to PM 2.5 levels and at some locations, it can spike to 35%. Using Diesel Particulate Filter (DPF) can significantly reduce emissions from diesel vehicles. The introduction of more electric, hybrid and BS-VI vehicles can also help reduce the pollution. Improvement of public transport is also necessary to address the problem.
Limit biomass burning: Burning of crop residue in Haryana and Punjab needs to stop on urgent basis. Instead of burning, the residue can be used for energy production, biogas generation and feeding cattle.
Tackle fly ash: During summers, fly ash is one of the biggest contributors to PM 10 in Delhi. To deal with the pollutants, water spraying, installation of windbreakers and plantations should be done.
Need of long-term plan: There are several measures that are being taken from spraying water to implementing GRAP to odd even solution. However, these measures provide temporary relief, therefore, the persistent problem of air pollution needs a long-term solution like drafting out an all-year action plan to improve air quality.
Enhanced powers to the authorities: Though CAQM has taken various steps, but the agency has functioned more like a regulator whose primary responsibility is to implement the Graded Action Response Plan. There is a need for more independent power to authorities to take pre-emptive actions and allow denser monitoring.
THE CONCLUSION:Despite several steps taken for combating air pollution in Delhi, it continues to be a much more serious problem. To significantly improve air quality in Delhi, a host of preventive steps need to be taken to provide a long-term solution to this problem.
UPSC PREVIOUS YEAR QUESTIONS
Describe the key points of the revised Global Air Quality Guidelines (AQGs) recently released by the World Health Organisation (WHO). How are these different from its last update in 2005? What changes in India’s National Clean Air Programme are required to achieve revised standards? (2021)
What are the key features of the National Clean Air Programme (NCAP) initiated by the Government of India? (2020)
MAINS PRACTICE QUESTIONS
Delhi registered severe air pollution on the Air Quality Index (AQI) recently. In this context, analyse the major factors contributing to Delhi’s pollution and suggest measures that need to be taken to address the persistent problem of air pollution in Delhi.
A SPEAKER’S FLAWED MOVE TO DETERMINE THE REAL FACTION
THE CONTEXT:Recently, the Speaker of the Maharashtra Assembly was required to decide whether the breakaway group of Shiv Sena MLA under the leadership of Eknath Shinde voluntarily gave up the membership of their party. He then would have decided their disqualification depending on the inquiry, but speaker went ahead of his powers under the 10th schedule and acted on the question as to which faction is the real party.
CONSTITUTIONAL PROVISIONS RELATED TO DISQUALIFICATIONS
Originally, under the Tenth Schedule, a legislator could avoid disqualification on two grounds.
1. A split in political party occurs wherein one-third of the legislators form a faction and break with that party.
2. The legislator’s party merges with another party and not less than two thirds of them agree to the merger and walkout of the original party.
In both these cases the outgoing legislators could claim exemption from disqualification.
But the split provision in paragraph 3 of the Tenth Schedule was omitted through the 91st Constitution Amendment in 2003 because of the frequent abuse of this provision by legislators.
Now only the merger provision in paragraph 4 remains which can protect defectors provided the conditions stipulated in paragraph 4 are met, the main condition being the merger of the defectors party with another party.
It is an extremely difficult condition to fulfil, yet this condition is also being circumvented now in a number of cases.
But in the context of the Tenth Schedule, this observation has no relevance because the Tenth Schedule does not recognise a split now. So, a split in a party no longer exempts the legislators from disqualification.
ISSUES:
1. An attempt to prevent disqualification
The petition was filed by the original Shiv Sena party which sought the disqualification of the Shinde group. When such a petition is filed before the Speaker, he gets the jurisdiction to decide whether the respondent legislators have defected.
This rebellion by the group of MLAs loyal to Eknath Shinde culminated in the formation of an alliance with the party in Opposition and Mr. Shinde being sworn in as Chief Minister.
Speaker was called upon to decide whether this action of Eknath Shinde and his colleagues could be treated as voluntarily giving up the membership of the Shiv Sena party, and, hence, could be disqualified.
Speaker judgment however tried to avoid this consequence and save the Shinde group from disqualification.
2. Flawed judgement:
Voluntarily giving up the membership of their original party or voting against the whip of the party are treated as defection. The members of the legislature who do either of these things are liable to be disqualified under the anti-defection law contained in the Tenth Schedule of the Constitution.
The fact that Eknath Shinde later became the Chief Minister or that a majority of the Shiv Sena’s legislators joined the Shinde group or that the original Shiv Sena party became a minority in the Assembly.
These facts are irrelevant for the determination of the question of disqualification under the Tenth Schedule and speaker should not have taken into account these things to decide for the disqualification and hence is a deeply flawed judgment.
3. Speaker partial conduct:
Speaker’s flawed move in the judgement indicates for the misuse of powers against Opposition members and unequal treatment for remarks against leaders.
This instance of Speakers favouring ruling party is raising concerns over neutrality of the office of the speaker.
4. Against SC judgement:
The Supreme Court of India has on several occasions explained the scope of the term voluntarily given up the membership used in paragraph 2(1)(a) of the Tenth Schedule.
In Rajendra Singh Rana vs Swami Prasad Maurya (2007), the Court had said that when a member or a group of members of the ruling party joins hands with the Opposition party and meet the Governor along with the Members of the Opposition and try to form an alternative government, they can be said to have voluntarily given up the membership of their original party.
So, in this case as well the conduct of the Shinde group of MLAs becomes clear that they have voluntarily given up the membership of their party.
The Subhash Desai judgment makes it clear that the Shiv Sena led by Uddhav Thackeray is the original political party which alone could issue a valid whip to all the members of the Shiv Sena. It is that party whose membership the Shinde group voluntarily gave up and thus incurred disqualification under paragraph 2(1) of the Tenth Schedule.
However, speaker went against the SC judgement and given its verdict in favour of the ruling party.
5. Going beyond constitutional provision:
Tenth Schedule does not require speaker to decide which faction of the party is the real party. Yet, Speaker in this judgement tries to determine which faction is the real party.
The question as to which faction is the real party cannot be decided by the Speaker as the Tenth Schedule does not require him to decide this. This question is decided only by the Election Commission of India under paragraph 15 of the symbols order.
The only question that is required to be decided by the Speaker in some cases as a preliminary issue is which party the legislators defected from, or in other words which is their original political party.
Thus, speaker went beyond the provisions of constitution as well to provide the judgment regarding the disqualification.
THE WAY FORWARD:
Ensure impartial role of speaker: There is a need for adoption of substantive practices to instil confidence in the office of speaker. For this, there is an urgent need for speakers to demonstrate impartiality along with other reforms.
Enhance Democratic Functioning: The anti-defection law seeks to balance political stability with democratic representation and legislative accountability. The Speakers of the Lok Sabha and Legislative Assemblies must carry out their functions in accordance with sound democratic practices.
Amending the constitution: As political dynamics evolve, the legal frameworks ensuring their relevance and effectiveness must be evolved as well. Amendments should address existing shortcomings, such as defining “voluntarily giving up membership” and removing distinctions in disqualification criteria.
Independent tribunal: There is a need to consider the reforms such as an independent tribunal for handling disqualification cases. This will ensure impartiality in the process and upheld the democratic functioning of the house.
THE CONCLUSION:
The recent case of partial behaviour shown by speaker in case of Maharashtra legislative assembly affects the democratic principles. In this regard, urgent measures are needed to address challenge and restore faith in the institution of the Speaker.
UPSC PREVIOUS YEAR QUESTIONS
Q.1 “Once a speaker, Always a speaker’! Do you think the practice should be adopted to impart objectivity to the office of the Speaker of Lok Sabha? What could be its implications for the robust functioning of parliamentary business in India. (2019)
Q.2 The role of individual MPs (Members of Parliament) has diminished over the years and as a result healthy constructive debates on policy issues are not usually witnessed. How far can this be attributed to the anti-defection law, which was legislated but with a different intention? (2013)
MAINS PRACTICE QUESTIONS
Q.1 The political crisis in Maharashtra has thrown the spotlight on the anti-defection law and the role of the speaker for the effective functioning of the house. Discuss the measures that can be taken to strengthen the impartiality of the Speaker in performing their duties.
THE CONTEXT: Recently, a three-day conference held in Jaipur of police officers from across India was a learning experience, and many subjects of contemporary relevance in the area of Information Technology formed the core of the agenda. However, many relevant issues were not addressed that indicate need for police reform in the country.
MAJOR THEMES DISCUSSED IN THE JAIPUR CONFERENCE:
The three day Conference was held in hybrid mode with DGsP/IGsP and Chiefs of Central Police Organisations attending physically from Jaipur and over 500 Police officers of various ranks participating through video conferencing from across the country.
Modernizing Law Enforcement: The conference stressed the need for comprehensive training programs from Station House Officer (SHO) to Director General of Police (DGP) level.
Harnessing Technology for Security: It underscored the significance of technology upgradation, extending from local police stations (Thana) to Police Headquarters (PHQ), to ensure the successful implementation of the new laws. It also stressed the need for linking of databases and adopting AI driven analytical approach for tackling the emerging security challenges.
Security Gains Since 2014: An overall improvement in the security scenario in the country since 2014 especially the reduction of violence in the three critical hotspots, i.e, Jammu & Kashmir, North-East and Left Wing Extremism has been highlighted.
Uniformity for Counter-Terror Mechanisms: This Conference over the years has emerged as a ‘Think Tank’, facilitating decision making and formulation of new security strategies. There is a need for emphasis on uniformity of structures, size and skill of counter terror mechanisms across the country.
Internal Security and National Development: The Conference need to deliberate on a range of security related issues of critical importance including security of borders, cyber-threats, radicalization, fraudulent issuance of identity documents and threats emerging from AI.
ISSUES:
Public Perception: There is an undeniable fact that the police have still to earn the trust and confidence of a majority of the population. Their image in the public eye continues to be frightful and there has been no upgradation in the reputation of our police forces.
Federal Complexity: Another complexity related to police force is the growing discord between the Centre and a few Opposition-led States. States look down upon the centrally recruited IPS officers on whom they have no control. States prefer to have their own recruits vis-à-vis those with divided loyalties.
Politicisation of police force: There is constant issue of politicisation of police force which is affecting the democratic system of government. The issue of how to insulate our police officers from political whims dominates all debates on the police.
Internal divide: Though, the newly recruited police force is more educated and technology-savvy but the issues remain as there is little chance for them to display their talent. There is internal division among the police forces as high rank officers like IPS takes all the glory depriving the lower ranks of any chance to prove themselves.
THE WAY FORWARD:
Modernisation of police forces: Police lack modern technological capabilities necessary to perform quality investigations. Police forces need to adopt modern methods like forensics, data analysis etc. to ensure timely justice.
Community engagement: Community engagement significantly enhances police reform efforts by fostering trust and understanding. Actively involving communities provides valuable knowledge about their specific needs and priorities.
Need For Political Will: There is a need for political will to bring out police reforms. The Supreme Court in the Prakash Singh case (2006) gave seven directives where considerable work in police reforms is still needed. However, due to the lack of political will these directives were not implemented in letter and spirit in many states.
Narrowing gap: There is a need to narrow down the gap between police officers of lower and higher rank to support and get the best out of each other. A major restructuring that narrows the gap between the higher ranks and the lower ranks could help in any exercise to drastically improve the quality of policing.
Accountability: Ensuring Accountability acts as a crucial check against abuse of power. An accountable police force instils confidence in the public which is fundamental element of a competent force. Citizen reacts in a calm and law-abiding manner when they feel comfortable and think that their police uphold high standards of behaviour.
THE CONCLUSION:
The Indian police force is currently struggling with various challenges, including political interference, inadequate training and resources and lack of accountability. There is a need for fair and effective police system with accountability for upholding the rule of law and police forces must undergo modernisation and professionalisation to adapt to the evolving needs of society.
PREVIOUS YEAR QUESTIONS
Q.1 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)
Q.2 Cross-Border movement of insurgents is only one of the several security challenges facing the policing of the border in North-East India. Examine the various challenges currently emanating across the India-Myanmar border. Also, discuss the steps to counter the challenges. (2019)
MAINS PRACTICE QUESTIONS
Q.1 Analyse the multidimensional challenges faced by the police forces and suggest measures for police reforms for ensuring internal security in India.
THE SPEAKER’S COURT: ON THE MAHARASHTRA ASSEMBLY SPEAKER’S RULING
THE CONTEXT: In the long-drawn political battle in Maharashtra, speaker in Maharashtra Legislative Assembly announced the verdict in the Shiv Sena MLAs disqualification case. This verdict is viewed as politically charged and has intensified the rift between party factions that has raised question on speaker office as well.
ISSUES:
Affects representative democracy: Anti-defection law has been criticised as it affects representative democracy and impairs the deliberative nature of politics. It has been also targeted regarding its efficiency to curb political behaviour and the indiscriminate movement across party lines.
Misuse of discretionary power by speaker: Another issue regarding the issue of anti defection is misuse of discretionary power of speaker. It also indicates that any loophole in the law will be used to the advantage of the majority party. Such misuse is not only the result of the lacuna in the law but also of the structural deficiencies with the role of the Speaker.
Doesn’t set any time frame: It does not provide a clear and timely mechanism for deciding the cases of defection, and leaves the power to disqualify the members to the discretion of the presiding officers of the houses, who may be biased or influenced by political pressures.
Limited power of court: It is also noted that the power of court to intervene is limited when the authority is acting ultra vires or there is a colourable exercise of their power. Also, the judicial review cannot be availed at a stage prior to the making of a decision by the Speaker, or at an interlocutory stage of proceedings. These rules limit the authority of the court in this regard.
10TH SCHEDULE OF THE INDIAN CONSTITUTION AND THE ROLE OF SPEAKER
The Tenth Schedule of the Indian Constitution, also known as the Anti-Defection Law, was added by the 52nd Amendment in 1985.
It was a response to the toppling of multiple state governments by party-hopping MLAs after the general elections of 1967.
It lays down the provisions related to disqualification of members of Parliament (MPs) and State Legislatures on grounds of defection.
Exception:
It allows a group of MP/MLAs to join (i.e., merge with) another political party without inviting the penalty for defection.
And it does not penalise political parties for encouraging or accepting defecting legislators.
As per the 1985 Act, a ‘defection’ by one-third of the elected members of a political party was considered a ‘merger’.
But the 91st Constitutional Amendment Act, 2003, changed this and now at least two-thirds of the members of a party must be in Favour of a “merger” for it to have validity in the eyes of the law.
Deciding authority:
The decision on questions as to disqualification on ground of defection are referred to the Chairman or the Speaker of such House, which is subject to ‘Judicial review’.
However, the law does not provide a timeframe within which the presiding officer has to decide a defection case.
Grounds for Defection:
If an elected member voluntarily gives up his membership of a political party.
If he/she votes or abstains from voting in such House contrary to any direction issued by his political party.
If any independently elected member joins any political party.
If any nominated member joins any political party after the expiry of six months.
THE WAY FORWARD:
Strengthening Party Accountability: There is a need to introduce regulations to enforce internal party democracy and transparency that could potentially curb defection motivated by discontent within parties. It can be done by making party funding more transparent and accountable which can incentivize defections.
Address structural issues: To examine the shortcomings of the anti defection law, it is imperative to critically analyse the role and importance of the office of the Speaker as it is the most important functionary under the anti-defection law.
Global system: There is need to learn and take inspiration from the global system in case of anti defection law. For instance, due to well-established conventions, the Speakers in the United Kingdom shed all party affiliations upon election.
THE CONCLUSION:
It is essential to understand the role of the Speaker in anti defection law to holistically comprehend the manner in which they deviate from the anti-defection laws and subvert the procedure. There is an urgent need for a rigid and uncompromising anti- defection law to regain the faith of the people in the electoral system.
UPSC PREVIOUS YEAR QUESTIONS
Q.1 “Once a speaker, Always a speaker’! Do you think the practice should be adopted to impart objectivity to the office of the Speaker of Lok Sabha? What could be its implications for the robust functioning of parliamentary business in India. (2019)
Q.2 The role of individual MPs (Members of Parliament) has diminished over the years and as a result healthy constructive debates on policy issues are not usually witnessed. How far can this be attributed to the anti-defection law, which was legislated but with a different intention? (2013)
MAINS PRACTICE QUESTION
Q.1 “ The paradoxical nature of the office of the Speaker is one of the leading causes for the ineffective realization of the anti-defection law”. Examine.
A CHANGE FOR THE WORSE: ON THE RAPID DECLINE IN INDIA-MALDIVES TIES
THE CONTEXT: Recent tweets by Maldivian Ministers, attacking India’s Prime Minister for promoting the Lakshadweep islands and derogatory remarks about Indians have led to rapid decline in ties between India and the Maldives. This happened just a month after Indian Prime Minister met with the newly elected Maldivian President.
ISSUES:
Anti India stance: There has been a shift in Maldives’ foreign policy towards India. The current ruling government in Maldives rode to power on the back of the “India Out” campaign. Also, they have chosen Turkey as his first bilateral destination, and is now visiting China becoming the first President not to make India his first priority.
Concern regarding diplomatic and political relationship: Due to the recent mis happenings the diplomatic and political relationship between the two countries, built over the last six decades has been at stake.
China’s angle: The most obvious concern is the impact of the developments on the strategic competition with China in the region. The competition is heating up in the Indian Ocean region also with the shift of alliances. The pro-China stance led to a shift in Maldives’ traditional foreign policy, which had typically been closer to India.
MALDIVES’S SIGNIFICANCE FOR INDIA
Location and maritime security:Maldives proximity to the west coast of India and its location at the hub of commercial sea-lanes running through the Indian Ocean has significant strategic importance to India.
Defence:The security scenario in India’s periphery in the Indian Ocean is very much linked to the maritime strength of Maldives. This is the reason why India invests In Maldives’ security by training its defence forces.
Strategic interest: From a strategic perspective, India needs Maldives on its side to secure its maritime periphery to keep an eye on the Indian Ocean, and check the influence of China in its neighbourhood.
INDIA’S SIGNIFICANCE FOR MALDIVES
Daily needs:India supplies Maldives with its everyday essentials including rice, spices, fruits, vegetables, poultry basically every possible edible item in the country. It supplies medicines not just everyday medicines, but all critical care and life-saving drugs.
Education:India has been the education provider for Maldivians. Maldivian students flock to Indian higher educational institutions. The government gives out scholarships for Maldivian students to study in India.
Economic dependence:Maldives is dependent on India for most items, and hence India is among its top trading partners. Of the Rs 50 crore total trade between India and Maldives in 2022, Rs 49 crore was India’s exports to Maldives. India emerged as Maldives’ second largest trade partner in 2022.
THE WAY FORWARD:
Rethink the responses: With the calls for boycotts and rising hyper nationalism, both India and Maldives need to take a step back and reassess their responses. It is in the interest of both the nations to address the current tensions, by cooperating with each other on what matters most for both sides.
Collaboration: Both the nations need to recognise the importance of regional peace and security and each other’s importance. Maldives needs India’s support given its proximity, economic might and historical position as a net security provider in the Indian Ocean. India too must see the importance of this small and strategic neighbour.
Transparent funding: New capacities in these areas developed through transparent funding mechanisms should be at the priority leading to investments free of difficult conditionalities. The appeal of the investments would increase if prominent local business groups are also roped in as stakeholders in the projects.
India’s proactive role: India must play a key role within Indo-Pacific security space to ensure regional security in South Asia and surrounding maritime boundaries. It is time to highlight the SAGAR (security and growth for all in the region) initiative of India as a comprehensive maritime doctrine for regional diplomacy both maritime and conventional.
THE CONCLUSION:
India and the Maldives should see the benefits of closer ties. India should adopt an accommodative stance in keeping with its age-old tradition of promoting multi-polar and rule-based world order with respect to its neighbours.
UPSC PREVIOUS YEAR QUESTIONS
Q.1 What do you understand by ‘The String of Pearls’? How does it impact India? Briefly outline the steps taken by India to counter this. (2013)
Q.2 Discuss the political developments in the Maldives in the last two years. Should they be of any cause for concern to India? (2013)
MAINS PRACTICE QUESTIONS
Q.1 Amid hyper-nationalism and religious fervour, our diplomatic approach to Maldives needs scrutiny. Comment.
Q.2 Maldives has become a flashpoint in regional relations and can turn into a perennial source of regional friction with serious implications for the Indian Ocean region’s economic prosperity and political stability. Discuss.
THE CONTEXT: Recent war situations across the world whether in Gaza or in Ukraine indicate the importance of the international law in maintaining world order and promoting peaceful relations between states.
MORE ON THE NEWS:
Israel’s bloody war in Gaza has caused unprecedented death and destruction and this war started when the world was still reeling from the shock of Russia’s illegal invasion of Ukraine, which, too, has caused devastation.
These two wars have raised questions on the existing international laws, especially the rule prohibiting the use of force in international relations the crown jewel of the United Nations Charter codified in Article 2(4).
ISSUES
Lack of enforcement mechanism: One of the main challenges that the international laws are facing is the lack of enforcement mechanisms. Unlike municipal law, international law lacks a global police force to enforce it successfully. It limits the effectiveness of international law in addressing violations of its norms.
Complexity of global issues: The increasing complexity of global issues and the diversity of actors involved in international relations make it challenging to develop and enforce a set of universally agreed-upon norms and principles.
Failed in preventing conflicts: The international laws have failed in preventing or stopping the conflicts and the wars. It is happening because international law suffers from several structural deficiencies.
Colonial character: Scholars trace that the origin and genealogy of international law is linked with imperial and colonial character.
Poor compliance record: Scholars argue that international law is faced with poor compliance record which often left no significant consequences for the international community.
SIGNIFICANCE
Prevention of Conflicts:The international law aims to prevent conflicts between nations. It establishes legal frameworks for resolving disputes and promoting peaceful solutions to conflicts.
Protection of Human Rights:International law provides a legal framework for the protection of human rights. It helps to promote the rule of law and ensures that individuals and groups are protected from violations of their fundamental rights.
Promotion of Economic Development:International law promotes economic development by creating a framework for international trade, investment, and intellectual property. It helps to promote economic cooperation and integration among nations.
Cooperation on Global Issues:International law provides a framework for international cooperation on various issues, including global health, disarmament, and humanitarian assistance.
DIMENSIONS:
1. Compliance:
A narrow focus on rule compliance curtails international law’s normative interaction with both State and non-state actors.
For instance, national courts often use international law to interpret domestic law to enlarge its content, even if that international law has not been implemented through domestic legislation.
Also, compliance cannot be the only criteria to determine the efficacy of law, a lot of domestic law would also have to be declared useless, given the innumerable violations in municipal legal systems.
Even if there is no universal compliance with international law, especially international humanitarian law, there is a universal aspiration towards compliance.
International law must be moulded to become an instrument that holds the powerful accountable in international relations.
2. Accountability:
The international law matters because, through its argumentative practices, it has the potential to hold those who wield public power accountable for their conduct.
For example, Israel would not have to explain its conduct to the larger world, and there would be no ICJ to hear a complaint against it.
Accountability stems from several actors such as states and private individuals invoking international law to ask questions of those in power and make a case if their actions are illegitimate.
While this system of holding those in power accountable is not ideal, it does push countries and actors to explain their conduct. For example, the Israel Defence Forces have tried to explain how their military offensive is consistent with international law.
THE WAY FORWARD
Moving beyond compliance: The concept of compliance is inadequate to understand whether international law has normative effects. So, there is a need to move beyond compliance. Assessing the usefulness of international law requires shifting the benchmarks away from a general theory of compliance.
Addressing the complex world situations: There is a need to develop international law as the need for international law arises from the complex and interconnected nature of the world today, where the interactions between nations have become more frequent and complicated.
Need of fair laws: In the current situation of power relations, world needs more of fair international laws to constrain expansionist, imperial, and illiberal propensities.
Role of international organisations: Various international organizations that work on international law, such as the United Nations and the International Court of Justice should be strengthened to continue their contributions in upholding international law.
THE CONCLUSION:
Though, international law and its structures are not ideal, but the significance of these laws cannot be ignored. As the world continues to evolve, international law will continue to play a crucial role in shaping the conduct of international relations and promoting global governance.
UPSC PREVIOUS YEAR QUESTIONS
Q.1 ‘Too little cash, too much politics, leave UNESCO fighting for life.’ Discuss the statement in the light of the US’ withdrawal and its accusation of the cultural body as being ‘anti-Israel bias’. (2019)
Q.2 What are the key areas of reform if the WTO has to survive in the present context of ‘Trade War’, especially keeping in mind the interest of India? (2018)
MAINS PRACTICE QUESTION
Q.1 Discuss the significance of international laws in today’s world as a tool for promoting peace and preventing conflicts between nations.
THE CONTEXT: The Supreme Court has struck down the remission granted to convicts in the Bilkis Bano gangrape case of 2002. The court has ruled that the Gujarat government’s decision to remit their sentences and set them free was illegal.
MORE ON THE NEWS:
The convicts had been sentenced to life imprisonment by a Sessions Court in Mumbai after the investigation in the ‘Bilkis Bano case’ was shifted from the Gujarat police to the CBI and the trial transferred to Mumbai.
In August 2022 convicts were released from Godhra sub-jail on remission by Gujarat government. In September, Bilkis Bano approached SC challenging the premature release of the convicts.
The recent SC verdict is based on the ground that Gujarat did not have any jurisdiction to decide on granting remission to convicts sentenced in Maharashtra.
WHAT IS THE LAW ON REMISSION OF SENTENCES?
Under Articles 72 and 161 of the Constitution, the President and Governors of states can pardon a convict, and can also suspend, remit, or commute a sentence passed by the courts.
State governments too have the power to remit sentences under Section 432 of the Code of Criminal Procedure (CrPC) as prisons is a State Subject.
However, Section 433A of the CrPC puts certain restrictions on these powers of remission. It says: “Where a sentence of imprisonment for life is imposed on conviction of a person for an offence for which death is one of the punishments provided by law, or where a sentence of death imposed on a person has been commuted under Section 433 into one of imprisonment for life, such person shall not be released from prison unless he had served at least fourteen years of imprisonment.”
WHAT ARE THE GROUNDS FOR REMISSION?
States set up a Sentence Review Board to exercise the powers under Section 432 of the CrPC.
The Supreme Court has held that states cannot exercise the power of remission arbitrarily and must follow due process.
While the policy varies from state to state, broadly the grounds for remission considered by the Board are the same.
These factors to be considered while making a decision on granting remission are:
Whether the offence is an individual act of crime that does not affect the society?
Whether there is a chance of the crime being repeated in future?
Whether the convict has lost the potentiality to commit crime?
Whether any purpose is being served in keeping the convict in prison?
Socio-economic conditions of the convict’s family
Jail manuals contain rules that allow certain days of remission in every month for good behaviour of convicts.
For those serving fixed sentences, the remission days are accounted for while releasing the convict. However, convicts serving life sentences are entitled to seek remission only after serving a minimum of 14 years.
SIGNIFICANCE OF THE VERDICT:
Restoration of faith in judiciary: The ruling represents a blow for the rule of law and the restoration of faith in the judiciary at a time when there are doubts about the institution’s capacity to hold power to account.
Timely implementation of remission laws: The judgement is a timely invocation of the core principles that encourages exercise of the power to grant remission as fair and reasonable. It should be based on a set of relevant parameters such as whether the crime involved affected society at large, whether the convict retained the potential for committing similar offences or is capable of reform.
CAN THE CONVICTS APPLY FOR REMISSION AGAIN?
The criminal justice system has provisions like remission or reduction of sentence, taking into account the fact that a person can reform, and can be set free as a better citizen.
In its judgment, the Supreme Court said that there are competing interests that of the rights of the victim or her family to justice, and that of a convict’s claim to a second chance.
The Bench said that in prior judgments, it has expressed scepticism over the latter, particularly if the offence committed is a heinous one.
The convicts can approach the Maharashtra government for remission in the future. Whether remission is granted will, however, depend on various aspects, including the remission policy of the state.
The convicts had argued before the Supreme Court that the policy applicable to them would be the one in vogue at the time of their conviction, which was in 2008.
THE CONCLUSION:
In a highly anticipated judgment, the Supreme Court set aside the remission of convicts sentenced to life imprisonment accused of heinous crimes during the 2002 communal riots in Gujarat. Any rational remission policy should encompass humanitarian considerations and the convicts’ scope for reform without violating the rule of law or societal interests.
PREVIOUS YEAR QUESTIONS
Q. Instances of the President’s delay in commuting death sentences has come under public debate as denial of justice. Should there be a time specified for the President to accept/reject such petitions? Analyse. (2014)
MAINS PRACTICE QUESTIONS
Q. The Supreme Court verdict quashing the remission granted to convicts in the Bilkis Bano case of 2002 is an example of restoration of rule of law and faith in judiciary. Comment.
A NEW HIGH: ON THE ADITYA-L1 MISSION AND ISRO OUTREACH
THE CONTEXT: On January 6, 2024, a line of commands transmitted by scientists and engineers of the ISRO which initiated onboarding operation of Aditya-L1 spacecraft that guided it into orbit around an imaginary point in space. Thus, Aditya-L1 reached its destination, around the L1 Lagrange point, from where it will have an unrestricted view of the sun for its expected lifetime of five years.
ABOUT ADITYA-L1:
Aditya-L1 is an observatory-class solar mission that will study the sun with seven instruments:
VELC, a coronagraph to study the uppermost layer of the sun’s atmosphere
SUIT, an ultraviolet imaging telescope
SoLEXS and HEL1OS, to study solar flares and coronal mass ejections
ASPEX and PAPA, to study the solar wind and plasma
A set of digital magnetometers to measure properties of the magnetic field around the spacecraft.
ISRO picked the L1 Lagrange point 1.5 million km from the earth in the earth-sun direction and one of five Lagrange points in the earth-sun system. It is because the gravitational influences of the two bodies interact such that a smaller body here will not experience a net tug towards either. So, Aditya-L1 can stay at L1 while expending little fuel.
Aditya-L1 supplements India’s history of observing the sun dating back to the Kodaikanal Solar Observatory, which commenced operations in 1901 by lofting it into space.
There arises issue of public perception on this mission. Many continue to expect the Indian spacecraft to capture hi-resolution photographs of the cosmos without much capacity and instrument. For example, while Aditya-L1 and AstroSat are big strides from India’s point of view, they pale in comparison to the imaging abilities of the James Webb Space Telescope, which is operated by three space agencies.
OBJECTIVES OF THE MISSION:
Solar Observation:Aditya-L1 is designed to observe the Sun and its dynamics closely. It will provide valuable data on various aspects of the Sun, including its surface, corona, and the solar wind.
Understanding the Solar Corona: One of the key mysteries it aims to address is the high temperature of the solar corona, which is much hotter than the Sun’s surface. Scientists want to better understand the reasons behind this temperature disparity.
Space Weather Monitoring: Aditya-L1 serves as a space weather station. It monitors and collects data on space weather conditions near the Earth. This information is crucial for understanding how solar variability impacts the Earth’s climate and space weather, which can affect communication systems, power grids, and satellite operations.
Studying Solar Activity:The mission aims to monitor solar activity, such as sunspots and solar flares which can have a significant impact on space weather and Earth’s climate.
Space Weather Prediction: By constantly monitoring space weather parameters and collecting data, Aditya-L1 contributes to improving space weather prediction models. This is important for protecting satellites and infrastructure in space.
THE WAY FORWARD
Collaboration: ISRO needs to expand its own and its collaborating institute’s public outreach efforts. It can be done by hosting open days focused on specific missions and commissioning science communication on new results at regular intervals.
Including Public interest: ISRO should consider including components on missions that feed public interest. All these efforts will require funds, and ISRO should consider getting the funds from the government and private sector.
Improving Satellite Operations: There is a need to improve satellite operations to allow for better spacecraft design and operation.
Enhancing Research: Exploring the Sun’s complex behaviour, including its magnetic fields and plasma dynamics contributes to advances in fundamental physics and astrophysics. Insights gained from studying this experiment can enhance our research to understand the various solar processes.
THE CONCLUSION:
Aditya-L1 is an Indian space mission focused on solar observation, studying the Sun’s corona, monitoring space weather, and providing critical data for understanding the Sun’s influence on Earth’s climate and space environment. It aims to unravel the mysteries of the Sun while helping to predict and mitigate the impacts of space weather events on Earth and in space.
UPSC PREVIOUS YEAR QUESTIONS
Q. What is India’s plan to have its own space station and how will it benefit our space programme? (2019)
Q. Discuss India’s achievements in the field of Space Science and Technology. How the application of this technology has helped India in its socio-economic development? (2016)
MAINS PRACTICE QUESTION
Q. Discuss the objectives of Aditya L1 mission. How the success of this mission can help India to become a major global space power? Explain.
THE CONTEXT: A fundamental purpose of democracy is to establish processes to negotiate differences among a diverse population that coexist. India’s leadership has put it above other countries in the international scenario but facing certain challenges. In this context, with the upcoming elections near the corner, India needs to set an example for the world to reset and bring back good faith in its politics.
ISSUES:
Behaviour of ruling regime: The ruling regime has recently behaved impatiently in the Parliament even for democratic formalities. It has wielded state power in wholly undemocratic ways to neutralise the Opposition and clampdown on dissent.
Stand of opposition: There is a section of the Opposition, especially civil society, which has pursued a strategy of embarrassing the government. It is not just that there is ideological opposition to the government but it is very clear that this section refuses to acknowledge the very legitimacy of the government.
Erosion of faith: Decline of good faith in politics has resulted in a mindless rivalry where only the most partisan can prosper as opposed to those motivated by the public interest. This status quo, if left unaddressed, would be tragic for country.
Issue of anti-defection law: There is another concern of anti-defection law which subverts representative democracy by constraining legislators to party leadership’s order. There has not been enough discussion on the effects of the anti-defection law on inner party democracy and issue-based mobilisation across parties.
Lack of intra party transparency: It is a common knowledge that power in all political parties has concentrated in the hands of a few individuals. While political parties are notionally democratic, in-house elections lack transparency.
THE WAY FORWARD:
Acknowledge the behaviour on both sides: There are a range of behaviours by the government but also those opposed to the government which need to be acknowledged from the both sides. There is no need for more explanation on the government’s misuse of state power, which includes defections, imprisonment, and intimidation.
Role of individuals: Individuals of all ideological inclinations, who value civility and moderation in the politics, can play a crucial role. Many of these individuals wield influence within politically relevant institutions, either officially or through their networks. This group can play a pivotal role in restoring basic democratic principles in our public life by exerting influence.
Reform with party system: Though partisanship is an important driver of multi-party democracy but constant demands for a blind, aggressive allegiance will only make partisanship and cynicism worse. Instead, party members must use their influence to restrain their own party’s excesses and reorient focus towards substantive issues.
Address anti defection: There is a need to develop consensus of individuals across party lines on getting rid of the anti-defection law to limit potential instability in political parties. Also, dispersal of power to party’s elected representatives can create avenues for internal negotiations as well as horizontal issue-based mobilisation.
Media’s role needs scrutiny: The mass media plays a pivotal role in opinion-making and instead of informing the electorate, the media often contributes to polarisation. It is in the interest of every citizen to promote responsible journalism and rebuild trust in the media. Individuals with influence over their party or media institutions can help create an environment to support a more public-interest media.
THE CONCLUSION:
India, like many other liberal democracies, is at a similar crossroads of ideological diversities. Therefore, concerned citizens across the ideological divide needs to come together to restore trust in our political institutions and preserve our democratic framework.
UPSC PREVIOUS YEAR QUESTIONS
Q. Parliament’s power to amend the constitution is limited power and it cannot be enlarged into absolute power”. In light of this statement, explain whether parliament under article 368 of the constitution can destroy the basic structure of the constitution by expanding its amending power? (2019)
MAINS PRACTICE QUESTIONS
Q. Faith in India’s political institutions seems at its lowest with the erosion of its credibility. Critically examine the statement and suggest ways to restore trust in politics.
THE CONTEXT: The progressive and anti-communal civil space which is considered as last bulwark for India’s democracy is being targeted by the state. Civil society from NGOs to grassroots activist groups to social movements to unions is being undermined which is leading to erosion of democratic institutions.
The organisations were viewed as being either neutral, moderate, or strong regarding their views on minority rights, Dalit rights, Adivasi (tribal) rights and equity promotion.
Recent findings suggest that the highest number of attacks were against organisations actively fighting against communalism. These would include organisations such as Citizens for Justice and Peace (CJP), Amnesty India, Oxfam, Centre for Equity Studies and Lawyers Collective.
Moderately attacked institutions are those whose activities have been severely curbed because of multiple attacks by the state. They include the Centre for Policy Research (CPR) and a significant non-governmental organisation (NGO) with American funding working in the non-communal space.
Moderately attacked institutions also include fiercely anti-communal NGOs such as ANHAD. Some of the organisations in this area are even neutral on the anti-communal issue. An analysis of the moderate section suggests that the civic space has shrunk to such an extent that the Indian state is not even leaving a non-communal organisation such as the CPR alone. One of the allegations against the CPR appears to be that it had some connections with Adivasi rights movements that impacted the mining interests of the tycoon Gautam Adani.
Institutions that have been impacted by relatively low levels of attacks are generally not active in the anti-communal area, even though they may be pursuing significant human rights causes. The organisations such as Navsarjan, which is a leader in Dalit rights, and Save The Children’s work on child rights are less under attack compared to the others.
It is also found that the disciplining instruments deployed by the state can impact organisations. Greenpeace, for example, has transitioned from one that faced high intensity attack to one that now faces a low level of attack by our definition.
ISSUES:
Misuse of laws: The state is using the range of instruments to limit the civic spaces such as misusing of laws from the use of draconian anti-terror Unlawful Activities (Prevention) Act (UAPA) to FCRA and other laws to keep activists behind bars.
1. UAPA: The draconian anti-terror Unlawful Activities (Prevention) Act (UAPA) has been criticized for being misused by authorities to target human rights defenders, activists, and dissenters. Critics argue that the act has been used to stifle free speech and to quell any form of peaceful protests.
2. FCRA: The Indian government’s crackdown on foreign funding for civil society organisations using the Foreign Contribution Regulation Act (FCRA) continues to remain a cause for concern. The FCRA, which regulates the acceptance and utilisation of foreign funds by Indian NGOs, has been amended several times in recent years. These amendments have made it more difficult for NGOs to receive foreign funding and have given the government greater powers to monitor and regulate NGOs. One of the main reasons cited by the government for tightening the FCRA is to prevent ‘foreign influence’ over civil society organisations. However, critics argue that the government’s real intention is to suppress dissent and limit the activities of NGOs working on issues such as human rights, the environment and social justice.
3. Prior Reference Category List: Apart from the FCRA provisions, foreign donors are also intimidated by a Prior Reference Category List. It consists around 80 internationally reputed donors who are monitored and intimidated for pursuing any human rights related causes.
4. PMLA: The amendments, in 2019, to the Prevention of Money Laundering Act, 2002, brought through the Finance Act enabled the Department of Revenue to work with a broader definition of proceeds of crime. This has resulted in the attacks on NGOs and Opposition politicians by the Enforcement Directorate.
5. Income tax act provisions: Domestic funding of non- and anti-communal NGOs is also under siege. Sections 12A and 80G of the Income-Tax Act provide tax exemptions for NGOs and donors, respectively. The 2020 amendments now make renewals of 12A and 80G certificates mandatory every five years. And donor data including their PAN card numbers must be made available to the Ministry of Finance. These provisions enable the state to intimidate domestic donors who wish to fight communalism and crony capitalism. The state uses income-tax surveys as a way of collecting data that can be used to further escalate and institute more cases either by the CBI or the Tax Department.
Curbing dissent: The Indian government has also used other tactics to repress civic freedoms, including the use of sedition laws and the criminalisation of peaceful protests. Sedition laws have been used to arrest activists critical of the government and peaceful protests have been met with violence and repression by the police. Civil society organisations and activists critical of the government have been silenced, and the space for dissent has been severely curtailed.
Threatens press freedom: The amendments in the above-mentioned laws were announced without adequate and meaningful consultation with journalists, press bodies and civil society It severely threatens press freedom and empowers the government to be the sole arbiter of truth on the internet.
Undermines Human rights: Furthermore, the use of sedition laws and the criminalisation of peaceful protests are clear violations of human rights. The right to freedom of expression and assembly is enshrined in international human rights law, and the Indian government’s actions to repress these rights are a clear violation of its obligations under international law.
THE WAY FORWARD:
Repeal laws: To improve the situation in India, the government must repeal laws that restrict the ability of civil society organisations to operate freely. For example, Government must stop the use of sedition laws to target activists critical of the government and ensure that peaceful protests are allowed to take place without fear of repression.
Protect rights: Civic freedoms, including the freedom of expression, association, and assembly, are essential for a vibrant and functioning democracy. There is a need to recognise and protect these freedoms by social and political forces who repose their faith in the Constitution.
Ensuring democratic principles: The Indian government’s actions to repress civic freedoms are problematic and unacceptable in a democratic society. There is a need to take adequate steps to ensure democratic principles. Mobilizing anti-communal and progressive civic space to safeguard democracy.
Engaging with stakeholders: The Indian government must engage with civil society organisations and activists to address their concerns and work towards building a more inclusive and democratic society. The government must also work towards promoting a culture of respect for human rights and the rule of law in the country.
Opposition stand: The Opposition should take stringent steps apart from fighting like a single party. It will also need to mobilise the anti-communal and progressive civic space in its favour to save democracy. For example, Recently, “Eddelu Karnataka” (Wake-up Karnataka) or similar social movements in Telangana, had mobilised the anti-communal civic space and secular and progressive social and political forces came together in both these States.
THE CONCLUSION:
A free civic space regulated under constitutionally guaranteed principles is the essence of democracy. There is a need to take adequate steps to preserve this unusually diverse and vibrant civil society.
UPSC PREVIOUS YEAR QUESTION
Q. Though the Human Rights Commissions have contributed immensely to the protection of human rights in India, yet they have failed to assert themselves against the mighty and powerful. Analysing their structural and practical limitations, suggest remedial measures. (2021)
MAINS PRACTICE QUESTION
Q. Constitutional freedoms are under siege as India’s diverse and vibrant civil space continues to be targeted by the state. Critically Examine.
THE CONTEXT: The International Monetary Fund recently in its report raised concerns about India’s sovereign debt, i.e. the total debt burden on the Union plus State governments. It has sparked critical reactions from the Indian Government.
IMF RECENT REPORT:
IMF’s annual Article IV consultation report, which is part of the Fund’s surveillance function under the Articles of Agreement with member countries has been released. It made two observations:
1. It has raised concerns about the long-term sustainability of India’s debts.
2. It reclassified India’s exchange rate regime and termed it as a “stabilised arrangement” instead of “floating”.
The report also acknowledged India’s effective inflation management and projected a balanced outlook for India’s economic growth.
The IMF states that India’s general government debt, including the Centre and States, could be 100% of GDP under adverse circumstances by fiscal 2028.
It stated “long-term risks are high because considerable investment is required to reach India’s climate change mitigation targets and improve resilience to climate stresses and natural disasters.
GLOBAL TRENDS OF DEBT:
The United Nations, notes that the countries are forced to make the difficult decision between providing for their citizens and paying off their debt. It states, in 2022, 3.3 billion people live in countries that spend more on interest payments than on education or health.
Global public debt: Global public debt has increased more than fourfold since 2000, outpacing global GDP, which tripled over the same period. In 2022, global public debt reached a record USD 92 trillion.
Rise of debt in developing countries: Public debt has increased faster in developing countries compared to developed countries over the last decade. Developing countries accounted for almost 30% of the total, of which roughly 70% is attributable to China, India and Brazil. The number of countries facing high levels of debt increased from 22 in 2011 to 59 in 2022. The rise of debt in developing countries is due to growing development financing needs intensified by the COVID-19 pandemic, the cost-of-living crisis, and climate change.
Asymmetricdebt: The burden of debt is asymmetric between developed and developing countries as the latter even without considering the costs of exchange rate fluctuations have to pay higher interest rates than the former. For example, the countries in Africa borrow on average at rates that are four times higher than those of the United States and even eight times higher than those of Germany. This higher borrowing costs undermines debt sustainability of developing countries. The number of countries where interest spending represents 10% or more of public revenues increased from 29 in 2010 to 55 in 2020.
THE CHALLENGE FOR INDIA:
1. Credit ratings
S&P Global Ratings states that Credit ratings are forward-looking opinions about the ability of debt issuers, like corporations or governments to meet their financial obligations on time.
They provide transparent global language for investors and other market participants and is one of the inputs which is considered as part of their decision-making processes.
Elevated debt levels and substantial costs associated with servicing debt impact credit rating.
Even being the fastest growing economy, India faces the challenge of enhancing its credit ratings. Sovereign investment ratings for India have remained the same for a long time.
Both Fitch Ratings and S&P Global Ratings have kept India’s credit rating unchanged at ‘BBB- with stable outlook’. It should be noted that BBB- is the lowest investment grade rating and India has been on that scale since August 2006.
India’s credit ratings are undermined by the
1. government’s weak fiscal performance
2. burdensome debt stock
3. India’s low per capita income
2. Managing public debt:
India is facing challenge of managing public debt to ensure that it does not breach sustainable levels.
The weight of debt can act as a drag on development due to limited access to financing, rising borrowing costs, currency devaluations and sluggish growth.
a). Breach of FRBM target:
The 2018 amendment to the Union government’s FRBM Act specified debt-GDP targets for the Centre, States and their combined accounts at 40%, 20% and 60%, respectively.
The central government’s debt was ₹155.6 trillion, or 57.1% of GDP, at the end of March 2023 and the debt of State governments was about 28% of GDP.
Finance Ministry stated that India’s public debt-to-GDP ratio has increased from 81% in 2005-06 to 84% in 2021-22 and is back to 81% in 2022-23. This is way higher than the levels specified by the FRBM Act.
These high levels of debt-GDP ratio can be attributed to the disruptions due to the pandemic, which resulted in a major deterioration in the debt-GDP ratios.
b). Fiscal slippage:
There are worrying signs on the fiscal fronts as well. Despite growth in tax collections, there is the possibility of a fiscal slippage in FY24, according to a report by India Ratings and Research (IR&R).
IR&R attributes this to higher expenditure on employment guarantee schemes and subsidies.
For example, Budgeted fertilizer subsidy of ₹44,000 crore was almost over by end-October 2023 and the Union government has now increased fertilizer subsidy to ₹57,360 crore.
Similarly, due to sustained demand for employment under MGNREGA, a sum of ₹79,770 crore has already been spent till December 19, 2023, as against the budgeted ₹60,000 crore and an additional sum of ₹14,520 crore has been allocated through the first supplementary demand for grants.
THE WAY FORWARD:
Need of fiscal corrections: There is a need for fiscal correction particularly in this election year to avoid worst-case scenarios.
Debt sustainability: To manage and achieve the debt sustainability, there is a need for more prudent management of debt in the medium term. It can be done by narrowing the gap between expenditure and tax revenues as well as increasing the efficacy of our expenditures and increasing revenues.
Human capital: India needs to spend considerably more on public funds for enhancing human capital, i.e. on primary healthcare and primary education. Also, there is a need to fund research and innovation via public universities. This suggests that new and preferably concessional sources of financing are needed including greater private sector investment in this scenario.
Government borrowing: The government borrowings can play a vital role in accelerating development, as governments can use it to finance their expenditures and invest in people to pave the way for a better future.
THE CONCLUSION:
There is increasing concerns regarding the rise of global debt as it has potential implications for economic stability and the capacity of financial systems. Thus, there is a need to strike the right balance between debt accumulation and economic growth.
PREVIOUS YEAR QUESTIONS
Q.1 Do you agree that the Indian economy has recently experienced V-shaped recovery? Give reasons in support of your answer. (2021)
Q.2 The public expenditure management is a challenge to the Government of India in the context of budget-making during the post-liberalization period. Clarify it. (2019)
MAINS PRACTICE QUESTION
Q.1 Rising global debt levels often raise concerns about debt sustainability, especially in the case of government debt driven by reckless borrowing for populist programs. Discuss with specific reference to the Indian scenario.
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Question 1 of 5
1. Question
1. Consider the following statements:
1. The President of India makes rules for the more convenient transaction of the business of the Government of India.
2. All executive actions of the Government of India shall be expressed to be taken in the name of the Prime Minister.
3. The Constitution authorizes the President to seek the opinion of the Supreme Court only in matters related to a fact of public importance.
How many of the above given statements are correct?
Correct
Answer: A
Explanation:
Statement 1 is correct: Article 77(3) of the Constitution of India empowers the President to make rules for two crucial aspects of government functioning:
1. Transaction of Business: The President can determine how the government conducts its internal operations. This includes aspects like:
• Meetings and procedures of the Cabinet: This could involve setting the frequency of meetings, agenda format, voting procedures, and decision-making processes within the Cabinet.
• Communication and coordination between ministries: The President can establish channels for information exchange and collaboration among different government departments.
• Delegation of powers: The President can define the extent to which ministers can make decisions on behalf of the government without requiring Cabinet approval.
2. Allocation of Business: The President can assign specific areas of responsibility to individual ministers. This involves:
• Dividing ministerial portfolios: The President can determine which ministries will handle specific sectors like finance, defense, education, or health.
• Redistribution of portfolios: The President can adjust ministerial responsibilities based on changing priorities or government reorganization.
• Coordination among ministries: The President can establish mechanisms for inter-ministerial collaboration on issues that span multiple portfolios.
Significance of this Article-77 (3): It grants the President significant influence in shaping the government’s internal structure and functioning.
• It ensures efficient and coordinated handling of government business by establishing clear lines of authority and communication.
• It provides flexibility for the government to adapt its structure and responsibilities to changing circumstances.
Statement 2 is incorrect: Article 77(1) of the Constitution states that “All executive action of the Government of India shall be expressed to be taken in the name of the President.” This means that while the Prime Minister and cabinet lead the government and make decisions, all official actions and documents are issued and executed in the President’s name.
Statement 3 is incorrect: The statement is partially correct; while Article 143 of the Indian Constitution empowers the President to seek the Supreme Court’s opinion, it encompasses more than just matters related to a fact of public importance. It actually covers two categories i.e. question of law or fact of public importance: This includes any legal or factual issue that has arisen or is likely to arise and significantly impacts the public interest. It could involve interpretations of the Constitution, disputes regarding treaties, or complex policy matters. However, it’s important to note that the Supreme Court’s opinion under Article 143 is purely advisory, meaning it’s not legally binding on the President.
Incorrect
Answer: A
Explanation:
Statement 1 is correct: Article 77(3) of the Constitution of India empowers the President to make rules for two crucial aspects of government functioning:
1. Transaction of Business: The President can determine how the government conducts its internal operations. This includes aspects like:
• Meetings and procedures of the Cabinet: This could involve setting the frequency of meetings, agenda format, voting procedures, and decision-making processes within the Cabinet.
• Communication and coordination between ministries: The President can establish channels for information exchange and collaboration among different government departments.
• Delegation of powers: The President can define the extent to which ministers can make decisions on behalf of the government without requiring Cabinet approval.
2. Allocation of Business: The President can assign specific areas of responsibility to individual ministers. This involves:
• Dividing ministerial portfolios: The President can determine which ministries will handle specific sectors like finance, defense, education, or health.
• Redistribution of portfolios: The President can adjust ministerial responsibilities based on changing priorities or government reorganization.
• Coordination among ministries: The President can establish mechanisms for inter-ministerial collaboration on issues that span multiple portfolios.
Significance of this Article-77 (3): It grants the President significant influence in shaping the government’s internal structure and functioning.
• It ensures efficient and coordinated handling of government business by establishing clear lines of authority and communication.
• It provides flexibility for the government to adapt its structure and responsibilities to changing circumstances.
Statement 2 is incorrect: Article 77(1) of the Constitution states that “All executive action of the Government of India shall be expressed to be taken in the name of the President.” This means that while the Prime Minister and cabinet lead the government and make decisions, all official actions and documents are issued and executed in the President’s name.
Statement 3 is incorrect: The statement is partially correct; while Article 143 of the Indian Constitution empowers the President to seek the Supreme Court’s opinion, it encompasses more than just matters related to a fact of public importance. It actually covers two categories i.e. question of law or fact of public importance: This includes any legal or factual issue that has arisen or is likely to arise and significantly impacts the public interest. It could involve interpretations of the Constitution, disputes regarding treaties, or complex policy matters. However, it’s important to note that the Supreme Court’s opinion under Article 143 is purely advisory, meaning it’s not legally binding on the President.
Question 2 of 5
2. Question
2. Consider the following statements:
1. Right to constitutional remedies are fundamental rights under the constitution.
2. Right to education is included as a fundamental right under the Indian Constitution.
3. Fundamental Rights in India are absolute and cannot be restricted under any circumstances.
How many of the above given statements are correct?
Correct
Answer: B
Explanation:
Statement 1 is correct: Article 32 of the Constitution of India guarantees the right to constitutional remedies, empowering individuals to approach the Supreme Court for the enforcement of their fundamental rights. Often referred to as the “heart and soul” of the Indian Constitution. It grants citizens the right to move the Supreme Court directly if they believe their fundamental rights have been violated by any executive action or legislative provision. This right plays a crucial role in upholding the rule of law and ensuring justice for all.
Statement 2 is correct: The Indian Constitution recognizes the importance of education through Article 21A (Right to Education) and Article 45 (Directive Principles). The Right to Education is explicitly listed as a fundamental right. Also, the Right to Education Act, 2009, enacted by the Parliament, makes elementary education (6-14 years) a fundamental right for all children.
Statement 3 is incorrect: While fundamental rights are essential safeguards, they are not absolute. The Constitution empowers the government to impose reasonable restrictions on certain rights under specific circumstances for the greater good of society.
For example, freedom of speech and expression can be limited in the interest of national security, public order, or morality (Article 19(2) of the Constitution of India).
Incorrect
Answer: B
Explanation:
Statement 1 is correct: Article 32 of the Constitution of India guarantees the right to constitutional remedies, empowering individuals to approach the Supreme Court for the enforcement of their fundamental rights. Often referred to as the “heart and soul” of the Indian Constitution. It grants citizens the right to move the Supreme Court directly if they believe their fundamental rights have been violated by any executive action or legislative provision. This right plays a crucial role in upholding the rule of law and ensuring justice for all.
Statement 2 is correct: The Indian Constitution recognizes the importance of education through Article 21A (Right to Education) and Article 45 (Directive Principles). The Right to Education is explicitly listed as a fundamental right. Also, the Right to Education Act, 2009, enacted by the Parliament, makes elementary education (6-14 years) a fundamental right for all children.
Statement 3 is incorrect: While fundamental rights are essential safeguards, they are not absolute. The Constitution empowers the government to impose reasonable restrictions on certain rights under specific circumstances for the greater good of society.
For example, freedom of speech and expression can be limited in the interest of national security, public order, or morality (Article 19(2) of the Constitution of India).
Question 3 of 5
3. Question
3. Consider the following:
1. The Constitution of India
2. The Supreme Court Rules
3. Conventions
The authority of the Chief Justice of India (CJI) to allocate cases to benches in the Supreme Court, stems from how many of the above mentioned sources?
Correct
Answer: C
Explanation: While there’s no single specific law defining the Chief Justice of India’s (CJI) power to allocate cases to benches in the Supreme Court, their authority stems from a combination of factors:
1. The Constitution of India:
• Article 145 of the Constitution empowers the Supreme Court to make rules for regulating its practice and procedure. This broad power lays the foundation for the Court’s own internal rules guiding case allocation.
2. The Supreme Court Rules, 2013:
• These rules, formulated by the Court itself under Article 145 of the Constitution of India, explicitly recognize the CJI as the “Master of the Roster.” They establish the framework for bench formation, case allocation, and listing orders, but leave some discretion to the CJI.
3. Conventions and Established Practices:
• Over time, the Court has developed specific conventions and practices regarding case allocation, often based on past precedents and judges’ expertise.
4. Judicial Independence:
• The independence of the judiciary, a fundamental principle in India, grants the CJI significant authority regarding internal court matters. This includes freedom to determine case allocation procedures as long as they adhere to the broader constitutional and legal framework.
Therefore, the CJI’s power to allocate cases arises from a confluence of constitutional provision, self-made rules,established practices, and judicial independence. This framework balances flexibility with accountability, allowing the CJI to tailor case allocation while ensuring adherence to broader legal principles.
Incorrect
Answer: C
Explanation: While there’s no single specific law defining the Chief Justice of India’s (CJI) power to allocate cases to benches in the Supreme Court, their authority stems from a combination of factors:
1. The Constitution of India:
• Article 145 of the Constitution empowers the Supreme Court to make rules for regulating its practice and procedure. This broad power lays the foundation for the Court’s own internal rules guiding case allocation.
2. The Supreme Court Rules, 2013:
• These rules, formulated by the Court itself under Article 145 of the Constitution of India, explicitly recognize the CJI as the “Master of the Roster.” They establish the framework for bench formation, case allocation, and listing orders, but leave some discretion to the CJI.
3. Conventions and Established Practices:
• Over time, the Court has developed specific conventions and practices regarding case allocation, often based on past precedents and judges’ expertise.
4. Judicial Independence:
• The independence of the judiciary, a fundamental principle in India, grants the CJI significant authority regarding internal court matters. This includes freedom to determine case allocation procedures as long as they adhere to the broader constitutional and legal framework.
Therefore, the CJI’s power to allocate cases arises from a confluence of constitutional provision, self-made rules,established practices, and judicial independence. This framework balances flexibility with accountability, allowing the CJI to tailor case allocation while ensuring adherence to broader legal principles.
Question 4 of 5
4. Question
4. Consider the following statements:
1. The Seventh Schedule provides the legislative competency in residual matters to the Union legislature except in those related to the state list.
2. Amending the Seventh Schedule requires a simple majority vote in both the houses of Parliament.
3. The Sarkaria Commission recommended that the residuary powers of legislation with regard to taxation matters should remain with the parliament.
How many of the above given statements are correct?
Correct
Answer: A
Explanation:
Statement 1 is incorrect: As per Entry 97 of the Union list, Seventh Schedule, the residual power of legislation lies with the Union legislature and the state legislatures have no power over them.
Entry 97: Any other matter not enumerated in List II or List III including any tax not mentioned in either of those Lists.
The Seventh Schedule is constituted under Article 246 of the Constitution of India:
• Article 246 deals with the distribution of legislative powers between the Union (central government) and the States.It divides subjects into three lists:Union List, State List and Concurrent List.
• The Seventh Schedule provides a detailed breakdown of specific areas under each list, defining the scope of legislative powers for both the Union and the States.
• This division enables both levels of government to function effectively within their respective jurisdictions.
Statement 2 is incorrect: Amending the Seventh Schedule requires a special majority in both houses of Parliament, and consent of atleast half of the states by simple majority.
Statement 3 is correct: Recommendations of the Sarkaria Commission:
• It recommended that the residuary powers of legislation in regard to taxation matters should remain exclusively in the competence of Parliament while the residuary field other than that of taxation should be placed on the concurrent list.
• To ensure uniformity on the basic issues of national policy, with respect to the subject of a proposed legislation, consultations may be carried out with the state governments individually and collectively at the forum of the proposed Inter-Governmental Council. It was not recommended that the consultation be a constitutional obligation.
• Ordinarily, the Union should occupy only that much field of a concurrent subject on which uniformity of policy and action is essential in the larger interest of the nation, leaving the rest and details for state action.
• On administrative relations, Sarkaria made the following observation: “Federalism is more a functional arrangement for cooperative action, than a static institutional concept. Article 258 (power of the Union to confer powers etc on states in certain cases) provides a tool by the liberal use of which cooperative federalism can be substantially realised in the working of the system. A more generous use of this tool should be made than has hitherto been done, for progressive decentralisation of powers to the governments of the states.”
• On Article 356, it was recommended that it be used “very sparingly, in extreme cases, as a measure of last resort, when all other alternatives fail to prevent or rectify a breakdown of constitutional machinery in the state.
Incorrect
Answer: A
Explanation:
Statement 1 is incorrect: As per Entry 97 of the Union list, Seventh Schedule, the residual power of legislation lies with the Union legislature and the state legislatures have no power over them.
Entry 97: Any other matter not enumerated in List II or List III including any tax not mentioned in either of those Lists.
The Seventh Schedule is constituted under Article 246 of the Constitution of India:
• Article 246 deals with the distribution of legislative powers between the Union (central government) and the States.It divides subjects into three lists:Union List, State List and Concurrent List.
• The Seventh Schedule provides a detailed breakdown of specific areas under each list, defining the scope of legislative powers for both the Union and the States.
• This division enables both levels of government to function effectively within their respective jurisdictions.
Statement 2 is incorrect: Amending the Seventh Schedule requires a special majority in both houses of Parliament, and consent of atleast half of the states by simple majority.
Statement 3 is correct: Recommendations of the Sarkaria Commission:
• It recommended that the residuary powers of legislation in regard to taxation matters should remain exclusively in the competence of Parliament while the residuary field other than that of taxation should be placed on the concurrent list.
• To ensure uniformity on the basic issues of national policy, with respect to the subject of a proposed legislation, consultations may be carried out with the state governments individually and collectively at the forum of the proposed Inter-Governmental Council. It was not recommended that the consultation be a constitutional obligation.
• Ordinarily, the Union should occupy only that much field of a concurrent subject on which uniformity of policy and action is essential in the larger interest of the nation, leaving the rest and details for state action.
• On administrative relations, Sarkaria made the following observation: “Federalism is more a functional arrangement for cooperative action, than a static institutional concept. Article 258 (power of the Union to confer powers etc on states in certain cases) provides a tool by the liberal use of which cooperative federalism can be substantially realised in the working of the system. A more generous use of this tool should be made than has hitherto been done, for progressive decentralisation of powers to the governments of the states.”
• On Article 356, it was recommended that it be used “very sparingly, in extreme cases, as a measure of last resort, when all other alternatives fail to prevent or rectify a breakdown of constitutional machinery in the state.
Question 5 of 5
5. Question
5. Consider the following statements about the Lokpal:
1. The Lokpal can investigate an offence alleged to be committed by a public servant under the Prevention of Corruption Act, 1988.
2. A member of the Lokpal can be appointed as its Chairperson for a period of five years or until he attains the age of Seventy years.
3. The Lokpal can investigate private individuals under certain circumstances with the consent of the full bench of the Lokpal.
How many of the above given statements are correct?
Correct
Answer: A
Explanation:
Statement 1 is correct: The Lokpal’s jurisdiction in investigating corruption matters is primarily defined by the Lokpal and Lokayuktas Act, 2013, and indeed, its core authority focuses on offenses covered by the Prevention of Corruption Act, 1988 (PCA). This means the Lokpal can investigate public servants accused of offenses like bribery, taking undue advantage to obtain gratification, and misconduct in public office as outlined in the PCA.
Statement 2 is incorrect: A per Section 8 of the Act, a member can be appointed as the Chairperson. But he or she shall be eligible to be appointed as the Chairperson, if his total tenure as Member and Chairperson does not exceed five years. It means where amember is appointed as the Chairperson, his/her term of office will not be more than five years in aggregate as the Member and the Chairperson.
Statement 3 is incorrect: Although the Lokpal can investigate the corruption complaints against private individuals, the consent of the full bench of the Lokpal is not needed. In certain circumstances, even the private persons will be deemed to be pubic servants for the purposes of initiating inquiry and investigation. For example, as per Section 14 of the Lokpal and Lokayuktas Act, 2013, a person who is a director or other office bearer of a trust/society etc will be deemed to be a public servant. This is based on the condition that if such an organisation receives a donation of 10 Lakh in a year from a foreign source under FCRA, 2010.
Section 14:any person who is or has been a director, manager, secretary or other officer of every other society or association of persons or trust (whether registered under any law for the time being in force or not) in receipt of any donation from any foreign source under the Foreign Contribution (Regulation) Act, 2010 in excess of ten lakh rupees in a year or such higher amount as the Central Government may specify; shall be deemed to be a public servant under clause (c) of section 2 of the Prevention of Corruption Act, 1988.
Incorrect
Answer: A
Explanation:
Statement 1 is correct: The Lokpal’s jurisdiction in investigating corruption matters is primarily defined by the Lokpal and Lokayuktas Act, 2013, and indeed, its core authority focuses on offenses covered by the Prevention of Corruption Act, 1988 (PCA). This means the Lokpal can investigate public servants accused of offenses like bribery, taking undue advantage to obtain gratification, and misconduct in public office as outlined in the PCA.
Statement 2 is incorrect: A per Section 8 of the Act, a member can be appointed as the Chairperson. But he or she shall be eligible to be appointed as the Chairperson, if his total tenure as Member and Chairperson does not exceed five years. It means where amember is appointed as the Chairperson, his/her term of office will not be more than five years in aggregate as the Member and the Chairperson.
Statement 3 is incorrect: Although the Lokpal can investigate the corruption complaints against private individuals, the consent of the full bench of the Lokpal is not needed. In certain circumstances, even the private persons will be deemed to be pubic servants for the purposes of initiating inquiry and investigation. For example, as per Section 14 of the Lokpal and Lokayuktas Act, 2013, a person who is a director or other office bearer of a trust/society etc will be deemed to be a public servant. This is based on the condition that if such an organisation receives a donation of 10 Lakh in a year from a foreign source under FCRA, 2010.
Section 14:any person who is or has been a director, manager, secretary or other officer of every other society or association of persons or trust (whether registered under any law for the time being in force or not) in receipt of any donation from any foreign source under the Foreign Contribution (Regulation) Act, 2010 in excess of ten lakh rupees in a year or such higher amount as the Central Government may specify; shall be deemed to be a public servant under clause (c) of section 2 of the Prevention of Corruption Act, 1988.
THE CONTEXT: Recently, the Governor of Kerala visited the Calicut University campus and used inappropriate words as he termed the activists of the Students’ Federation of India “criminals”. This incident indicates to rethink about the behaviour of Governors in opposition-ruled states and to understand the legal consequences of such actions.
CONTEXT OF THE ISSUE:
In Kerala, the State Assembly passed a Bill to abolish the Governor’s chancellorship. The Governor did not give assent to it and referred the Bill along with others to the President.
This happened after he reserved the Bills for a long time and after the government moved the Supreme Court praying for governor’s assent.
It was in this context that he visited the University as Chancellor, as against the will of the Assembly. This action of the governor lacked democratic legitimacy.
CHANCELLOR IN PUBLIC UNIVERSITIES:
State public universities are established through laws passed by state legislatures. In most laws the Governor has been designated as the Chancellor of these universities.
The Chancellor functions as the head of public universities and appoints the Vice-Chancellor of the university.
The Chancellor has the power to declare any university proceeding as invalid which is not as per existing laws.
Governor discretion in his capacity as Chancellor:
In 1997, the Supreme Court held that the Governor was not bound by the aid and advice of the Council of Ministers while discharging duties of a separate statutory office such as the Chancellor.
The Sarkaria and Punchhi Commission also dealt with the role of the Governor in educational institutions. Both Commissions concurred that while discharging statutory functions, the Governor is not legally bound by the aid and advice of the Council of Ministers. However, it may be advantageous for the Governor to consult the concerned Minister.
COURT JUDGEMENTS RELATED TO POWERS AND PRIVILEGES OF GOVERNORS:
Limits to immunity:
Article 361 of the Constitution: It provides only a limited and conditional immunity for the Governors. It says that Governors shall not be answerable to any court for the exercise and performance of the powers and duties of their office or for any act done or appeared to be done by them in their official capacity. Governors are liable for their misbehaviour unconnected with their official duty.
Rameshwar Prasad v. Union of India (2006): In the case, after finding that the Governor abused power in recommending Presidential rule in Bihar, the Supreme Court said that the motivated conduct of the Governor tends to come under the judicial review. Yet, the question of whether Governors can claim immunity for extra-constitutional gestures was not a matter in issue in Rameshwar Prasad. However, the Court said that “right persons” should be chosen as Governors for maintaining “the sanctity of the post”.
Questions relating to derogatory comments by public functionaries:
The Court said that the freedom of expression of public functionaries could not be curtailed other than by way of the “reasonable restrictions”, as permitted by Article 19(2) of the Constitution.
In the context of ministers, Justice B.V. Nagarathna said that if the statement by the public functionary is not consistent with the views of the government, it is responsible to the minister personally and they can be proceeded against the remarks.
The majority opinion varied from Justice Nagarathna’s view on the method of enforcement of fundamental rights against non-state actors. The personal liability of public functionaries on matters unconnected with their public duty was not a topic of disagreement.
It means if a crime is committed by a public functionary, there is no statutory or constitutional immunity for them. Offences such as defamation could be committed by a public functionary as well, when the act is unconnected with or is in apparent conflict with their official duty.
THE WAY FORWARD:
Legal prohibition: The state legislative system requires systemic changes vis a vis the office of the Governor. There needs a legal prohibition against further rehabilitation of Governors in any official capacity.
Amendment to the constitution: The government at the centre need to consider amending Article 155 of the Constitution related to appointment of Governors by ensuring consultation with the Chief Minister, as suggested by the Sarkaria Commission. An independent body for selecting the Governor with a significant role for the Chief Justice of India also might improve the quality of the selection process.
Emphasising the notion of constitutional morality: Though, the Constitution cannot be expected to deal with the individual behaviour of public functionaries. However, the notion of constitutional morality should govern Governors with respect to their public conduct. In NCT of Delhi v. Union of India (2018), a Constitution Bench of the Supreme Court emphasised the need to identify the “moral values of the Constitution” based on a notion of “constitutional culture”. It said that the “constitutional morality places responsibilities and duties on individuals who occupy constitutional institutions and offices”.
COMMISSION REPORTS:
Sarkaria Commission:
The Sarkaria Commission report (1988) raised concern that some Governors have failed to display the qualities of impartiality expected of them.
It added that many Governors who looks forward to continue office under the Union or an active role in politics after their tenure came to regard themselves as agents of the Union.
The Commission recommended that the Governor should be a detached figure and should not be intimately connected with the local politics of the State.
M.M.Punchhi Comission:
The Justice M.M. Punchhi Commission report (2010) said that “to be able to discharge the constitutional obligations fairly and impartially, the Governor should not be burdened with positions and powers which are not envisaged by the Constitution.”
It said that conferring statutory power on Governors by posting them as chancellors of the universities will have the potential to expose Raj Bhavan to “controversies or public criticism”.
THE CONCLUSION:
The office of the Governor is expected to defend the Constitution and may use their powers to caution elected regimes against violating the Constitution. But, this does not mean that they can use the absence of a time-frame for decision-making to misuse their powers. In this regard, a reasonable time frame for Governors to make a decision on a Bill passed by the Assembly is the need of the hour to protect the interest of federalism in the country.
PREVIOUS YEAR QUESTIONS
Q.1) Whether the Supreme Court Judgement (July 2018) can settle the political tussle between the Lt. Governor and elected Government of Delhi? Examine. (2018)
Q.2) Discuss the essential conditions for the exercise of the legislative powers by the Governor. Discuss the legality of re-promulgation of ordinances by the Governor without placing them before the Legislature. (2022)
MAINS PRACTICE QUESTION
Q. Governors seem to have an exaggerated notion of their own roles under the Constitution especially with reference to their role as chancellor of universities. Comment.
THE CONTEXT:Recently, the Tsunami waves hit several parts of Japan’s coastal areas and urgent evacuation warnings were issued after a 7.6-magnitude earthquake shook the country’s north-central region.
EXPLANATION:
Tsunami:
Tsunami, derived from the Japanese term “harbour wave,”.
It represents a series of massive ocean waves primarily triggered by seismic activities such as earthquakes or volcanic eruptions occurring beneath the ocean.
Seismic events, including earthquakes or volcanic eruptions, create a sudden shift in the ocean floor, causing significant displacement of water.
When an earthquake occurs underwater, the movement of the ocean floor leads to the displacement of a large volume of water, thus generating tsunami waves.
Similarly, volcanic eruptions can also displace water, resulting in the formation of large waves.
Characteristics of Tsunamis:
Initially emerging in the deep ocean, tsunami waves gain height and momentum as they approach shallow waters near the shore.
These waves can reach towering heights, often hundreds of feet, and travel at high speeds comparable to jet planes over deep oceanic expanses.
However, their speed diminishes upon reaching shallower coastal areas.
Factors Influencing Tsunami Formation:
Not all seismic activities cause tsunamis, as the formation depends on various factors.
These include the depth of the earthquake’s occurrence, the nature of the seafloor, the distance and direction of the earthquake from the coastline, and the magnitude of the seismic event.
Japan’s Proneness to Earthquakes and Tsunamis:
Japan’s geographical location places it along the ‘Pacific Ring of Fire,’ a seismic hotspot marked by frequent tectonic movements and high volcanic activity.
The ‘Ring of Fire’ encompasses an expansive area along the Pacific Ocean where significant earthquakes and volcanic eruptions occur.
Within the ‘Pacific Ring of Fire,’ Japan experiences the convergence of several tectonic plates, including the Pacific Plate, Eurasian Plate, and Indo-Australian Plate.
The constant collision and interaction of these plates create seismic instability, leading to earthquakes, volcanic eruptions, and subsequent tsunamis.
Historical Impact on Japan:
Japan’s susceptibility to earthquakes and tsunamis has had devastating consequences historically.
The 2011 Tohoku earthquake, measuring 9.0 magnitude, triggered a massive tsunami that ravaged northeastern coastal regions.
It claimed approximately 18,000 lives, displaced tens of thousands, and caused severe damage.
The resultant tsunami also led to the Fukushima nuclear disaster, marking one of the most significant nuclear accidents globally.
Conclusion:
The occurrence of earthquakes and consequent tsunamis in Japan, primarily attributed to its location along the ‘Pacific Ring of Fire,’ underscores the country’s vulnerability to seismic events.
Understanding the geological dynamics, coupled with the impact of historical tsunamis, emphasizes the critical need for preparedness, early warning systems, and strategic measures to mitigate the devastating effects of such natural disasters on Japan’s coastal communities.
THE CONTEXT:Recently, Indian Space Research Organisation (ISRO) put its first polarimetry mission X-ray Polarimeter Satellite (XPoSat) in a precise circular orbit of 650 km after a 21-minute flight.
EXPLANATION:
ISRO (Indian Space Research Organisation) has launched XPoSat, India’s pioneering satellite-based mission exclusively dedicated to conducting X-ray polarimetry measurements.
This mission holds global significance as the second such satellite-based initiative worldwide.
Objectives and Payloads:
XPoSat aims to analyze the polarization of X-rays emitted from celestial sources within the medium frequency band.
Payloads were developed by the Raman Research Institute and UR Rao Satellite Centre, both located in Bengaluru.
Satellite has been positioned in a low earth orbit of approximately 650 km with a low inclination of about 6 degrees, XPoSat anticipates a mission life of around five years.
The satellite’s observations primarily focus on polarized X-rays emitted from magnetars or neutron stars while transiting Earth’s shadow, especially during eclipse periods.
Scientific Significance of XPoSat:
This mission marks a significant advancement in space-based X-ray polarimetry, an area less explored compared to other spectrums of the electromagnetic spectrum.
Unlike traditional methods using spectroscopy, imaging, and timing data, XPoSat enables the measurement of polarized X-rays emitted from various celestial sources, providing a deeper understanding of magnetars, black holes, and neutron stars.
Role of POLIX and XSPECT Payloads:
POLIX:
World’s first instrument designed for operation in the medium X-ray energy band (8 to 30 keV).
It utilizes a collimator and four X-ray proportional counter detectors to observe selected astronomical sources, particularly those surrounded by bright sources in the field of view.
XSPECT:
Engineered for fast timing and high spectroscopic resolution within the soft X-ray energy band (0.8-15 keV).
It observes a diverse range of celestial sources, including X-ray pulsars, black hole binaries, and active galactic nuclei.
Importance of X-ray Polarization Studies:
Studying polarized X-rays from cosmic sources offers insights into the nature of radiations and the underlying processes contributing to their generation.
For instance, interactions with strong magnetic fields or materials around black holes can polarize X-rays.
Investigating polarized X-rays can unlock mysteries surrounding the behaviour and composition of celestial bodies.
Comparison with Global X-ray Missions:
XPoSat joins a limited number of missions dedicated to X-ray polarimetry measurements.
While NASA launched balloon-based experiments like HX-POL and XL-Calibur, the Indian AstroSat mission previously conducted timing and spectroscopy of X-ray sources but did not include polarisation studies.
In 2021, NASA introduced the Imaging X-ray Polarimetry Explorer (IXPE) focusing on soft X-ray band measurements (2 to 8 keV), while XPoSat extends the observational energy band into the medium X-ray range (8 to 30 keV).
Conclusion:
ISRO’s XPoSat mission signifies a groundbreaking leap in X-ray polarimetry studies, enhancing our understanding of celestial phenomena emitting X-rays.
By probing the polarization of X-rays from magnetars, black holes, and neutron stars, XPoSat’s POLIX and XSPECT payloads aim to unravel mysteries and contribute significantly to the broader understanding of the Universe’s enigmatic cosmic bodies.
The innovative capabilities of XPoSat’s payloads pave the way for new avenues in space research, enabling detailed investigations and potentially reshaping existing paradigms in the study of high-energy astrophysics.
THE CONTEXT:The Finance Ministry confirmed the appointment of Arvind Panagariya, former Niti Aayog vice chairman and Columbia University professor, as the Chairman of the Sixteenth Finance Commission.
EXPLANATION:
Arvind Panagariya, a renowned trade economist, previously held the position of the first vice chairman of Niti Aayog from 2015 to 2017.
His expertise and experience in both academia and policymaking mark him as a fitting choice for this significant role.
This crucial Constitutional body is tasked with recommending the tax revenue sharing formula between the Centre and States for the upcoming five-year period starting April 2026.
The Sixteenth Finance Commission’s scope extends beyond determining the tax-sharing formula.
It includes a review of current funding mechanisms for Disaster Management initiatives and proposing strategies to enhance States’ consolidated funds, aiming to augment resources available for Panchayats and Municipalities.
The Cabinet had approved the terms of reference for the Sixteenth Finance Commission on November 29, emphasizing its importance in determining the tax-sharing framework between the Central and State governments.
Tenure and Deadline for Commission’s Recommendations:
The Chairman and other Commission members will hold office until the submission of the report or October 31, 2025, whichever occurs first.
The Commission is mandated to submit its recommendations by October 2025, enabling their integration into the Budget process for 2026-27.
The Fifteenth Finance Commission, chaired by NK Singh, was constituted in November 2017.
Its terms of reference were later modified, extending its tenure to six years by late 2019.
This extension required the panel to deliver two reports, one for 2020-21 and a final report spanning 2021-22 to 2025-26.
Finance Commission:
The Finance Commission is constituted by the President under Article 280 of the Constitution.
As per the provisions contained in the Finance Commission [Miscellaneous Provisions] Act, 1951 and The Finance Commission (Salaries & Allowances) Rules, 1951, the Chairman of the Commission is selected from among persons who have had experience in public affairs, and the four other members are selected from among persons who–
(a) are, or have been, or are qualified to be appointed as Judges of a High Court; or
(b) have special knowledge of the finances and accounts of Government; or
(c) have had wide experience in financial matters and in administration; or
(d) have special knowledge of economics
It is the duty of the Commission to make recommendations to the President as to—
the distribution between the Union and the States of the net proceeds of taxes which are to be, or may be, divided between them and the allocation between the States of the respective shares of such proceeds;
the principles which should govern the grants-in-aid of the revenues of the States out of the Consolidated Fund of India;
the measures needed to augment the Consolidated Fund of a State to supplement the resources of the Panchayats in the State on the basis of the recommendations made by the Finance Commission of the State;
the measures needed to augment the Consolidated Fund of a State to supplement the resources of the Municipalities in the State on the basis of the recommendations made by the Finance Commission of the State;
any other matter referred to the Commission by the President in the interests of sound finance.
Conclusion:
Arvind Panagariya’s appointment as the Chairman of the Sixteenth Finance Commission heralds a critical phase in India’s fiscal policy planning. His expertise, coupled with the Commission’s wide-ranging mandate, underscores the significance of tax revenue sharing and strategic financial measures in fostering effective governance and resource allocation across Central and State jurisdictions.
The Finance Commission’s role as an independent and authoritative body in shaping India’s fiscal policies continues to evolve, adapting to the dynamic socio-economic landscape of the country.
