FROSTY TIES: ON THE WORSENING INDIA-CANADA TIES

THE CONTEXT: Diplomatic tensions between India and Canada escalated earlier this month when India requested the withdrawal of diplomats and threatened to remove the diplomatic immunity of any Canadian diplomat who remained in the country after the specified date.

WHAT IS THE VIENNA CONVENTION?

The Vienna Convention on Diplomatic Relations is an international treaty signed by 61 countries in 1961.
It puts forth a framework for diplomatic interactions between independent nations and aims to ensure the ‘development of friendly relations among nations’.
At present, 193 countries are party to the document.

What is Article 11.1 about?

This particular segment pertains to the size of international missions within other countries.
India insists that its actions are consistent with the tenets set forth in Article 11.1 of the Vienna Convention on Diplomatic Relations.

INDIA-CANADA RELATIONS

India and Canada have longstanding bilateral relations built upon shared traditions of democracy, pluralism and strong interpersonal connections.
Canada is home to one of the largest communities of Indian origin, with approximately 4% of Canadians being of Indian heritage (1.3 million people).
The deep cultural and political ties between Canada and India are strengthened by a growing network of official dialogues, agreements, memoranda of understanding and working groups.
India is Canada’s 10th largest trading partner. Canada and India are working toward a Comprehensive Economic Partnership Agreement and a Foreign Investment Promotion and Protection Agreement (FIPA) to deepen the commercial relationship.

ISSUES ARISING OUT OF DIPLOMATIC TENSION:

Impact on trade: Diplomatic tension can impact trade relations between both the countries and can accelerate global slowdown which is already affected by the ongoing war in Ukraine.
Suffering of Ordinary people: Ordinary people will suffer as India and Canada cut down visa services. Apart from that, there are issues of human rights that both countries are pointing in each other countries. As Canada is pointing towards conditions of Sikhs and Muslims, while India expresses concerns over Hindu minorities in Canada.
Khalistan issue: India has expressed repeated concerns about terrorism related to the Khalistan issue for decades. However, no serious actions have been taken by Canadian authorities.
Issue of diplomats: Expelling of diplomatic immunity is being seen as a violation of global treaties such as the Vienna Convention which can taint India’s image of
Geopolitical issues:The recent diplomatic tension can harden viewpoints of both the countries over the important issues as terrorism which can have geopolitical implications.

THE WAY FORWARD

People to People: Both India and Canada should involve cultural exchanges, educational programs, and other initiatives that would help to strengthen the mutual understanding and respect between the two peoples.
Addressing Khalistan Issue: To effectively address the Khalistan issue, Both India and Canada must adapt its diplomatic approach to address the issue of the Khalistani separatism.
Inclusive Dialogue: There is a need to encourage open and inclusive dialogue between all the stakeholders including Indian government, sikh officials and Canadian authorities to address their grievances and misunderstandings.

THE CONCLUSION: With ongoing diplomatic tension between India and Canada, their relations have reached a low point. This needs to be resolved mutually with cooperation and collaboration beyond any political motive for a dynamic partnership.

PREVIOUS YEAR QUESTION

Q. ‘Indian diaspora has a decisive role to play in the politics and economy of America and European Countries’. Comment with examples. (2020)

MAINS PRACTICE QUESTIONS

Q. India and Canada bilateral relations face multiple challenges. Comment in the light of recent developments.

SOURCE: https://www.thehindu.com/opinion/editorial/frosty-ties-the-hindu-editorial-on-the-worsening-india-canada-ties/article67442967.ece

ON LICENCE RAJ IN LAPTOP IMPORTS, GOVERNMENT DOES WELL TO RECONSIDER

THE CONTEXT: In August, 2023, the central government had issued an order imposing licensing requirements on the imports of laptops, tablets and other devices with immediate effect. However, after the criticism, the government subsequently deferred the deadline for the implementation of the licencing requirement.

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Import restrictions have been imposed under HSN Code 8471 on seven categories of electronic gadgets, including laptops, tablets, all-in-one personal computers and ultra-small computers and servers.
The Harmonized System of Nomenclature (HSN) classifies products for taxation purposes. HSN Code 8471 identifies devices for data processing.
The rationale for the move was ostensibly two-fold:

To provide a fillip to domestic manufacturing
To curb imports from China

ISSUES IN IMPOSING LICENSING ON IMPORTS:

Fear of license Raj: The move raised the concern of the government marching back to the era of the infamous licence permit raj. Such a regime could lead to the imposition of import quotas and increase the room for bureaucratic discretion pushing back the Indian economy.
Lack of competitiveness: This move can lead to monopolisation of trade and economy as government controlled production and protected workers and businesses lack competitiveness and tends to produce low-quality products.
Impact on global trading system: This move will likely impact the global trading system and be seen to be violative of international trade commitments. WTO has ruled that this can undermine the rules-based global trading system. For instance, at a recent meeting of the World Trade Organisation, countries like the US, China, South Korea and Taiwanraised concerns over this move.
Wrong policy approach: This is not the first instance of such policy approach. Earlier also, proposal as bringing credit card spending outside the country under the liberalised remittance scheme raised concerns. This shows the signs of a command-and-control economy when the state machinery exercised greater control over every aspect of the economy.

What was the ‘Licence Raj’?

“Licence Raj”, also known as “Permit Raj” or the “Licence-Permit Raj,” is a term used for a system of government that adhered to strict rules, regulations and control over the Indian economy.
Under this system, businesses in the country required licences to operate with high restrictions where state decides the quantity of production, market price as well as the course of the capital.
The central belief behind the system was that India needed to rely on its own markets, become self-sustaining and self-sufficient and Import substitution was at the centre of this form of policy.

Status of India’s imports:

According to Ministry of Commerce and Industry data, the import bill for electronic goods in 2022-23 was $8,786 million. Imports from China alone were worth $5,118 million.
As per a report from think tank Global Trade Research Initiative (GTRI), India’s imports from China are predominantly focused on 3 key product categories – electronics, machinery, and organic chemicals.

GOVERNMENT REACTION

Modified its position: After the criticism, the government modified its position on the issue. Government rolled out an import management system for IT hardware, which includes laptops and computers. Under the new system, companies will only have to register and reveal data that relates to their imports and the country of origin. There are carve-outs for special economic zones, hardware that is essential for capital goods, among others. However, companies in the “denied entity list” will not receive authorisation for imports.
Boost domestic manufacturing : The Government asserts that this step is taken to make India self-reliant and as bid to checkmate the rapid Chinese incursion into the Indian electronic devices market. The government has indeed identified electronics manufacturing as a key priority area for the country’s future growth ambitions and hopes to attract investments from global electronic corporations and cited example of Production Linked Incentive 2.0 scheme.
Internal security: Government has raised concern that hardware from ‘non-trusted’ sources could come with ‘built-in security loopholes’ endangering sensitive personal and enterprise data. This move will curb imports from China and ensure citizen’s security.

THE WAY FORWARD:

Structural changes: For boosting domestic manufacturing there is a need for bringing structural changes like building on infrastructure and supply chain by bringing in high financing costs and putting in required skills.
Strengthen existing government policies: There is a need for proper implementation of existing government policies like Make in India and production-linked incentive scheme to boost manufacturing.
Research and development: A key element of the self-reliance move includes a strong push for reforms across sectors. For this, the ecosystem for research and development needs to be strengthened.
Conducive environment: A more prudent approach would involve creating a more conducive environment for development of a strong and vibrant manufacturing ecosystem. The policy framework must be geared towards ensuring greater openness and more freedom to operate.

THE CONCLUSION: The recent attempt to impose licensing requirements in the IT sector could have opened the door to similar licensing requirements in other sectors. This could have widened the scope for bureaucratic discretion, leading to avoidable uncertainty. But the government has taken the right step in keeping the decision in abeyance.

PREVIOUS YEAR QUESTIONS

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

Q.2 Account for the failure of the manufacturing sector in achieving the goal of labour-intensive exports rather than capital-intensive exports. Suggest measures for more labour-intensive rather than capital-intensive exports. (2017)

MAINS PRACTICE QUESTION

Q.1 Can the imposition of a license on the import of electronic devices boost the domestic manufacturing industry in India? Analyse and give your view.

SOURCE: https://indianexpress.com/article/opinion/editorials/on-licence-raj-in-laptop-imports-government-does-well-to-reconsider-8992859/#:~:text=In%20August%2C%20the%20central%20government,to%20curb%20imports%20from%20China

THE SHAPE OF CLIMATE JUSTICE IN A WARMING INDIA

THE CONTEXT: Given India’s historically lower emissions, economic growth has taken precedence over climate concerns, but such an approach evades concerns of climate justice such as its effect on inequality across levels class, caste and region.

ISSUES:

Could not find consensus: Delhi Declaration on the climate question could not find consensus on the most contentious issue, which is the root cause of the climate crisis of the phasing out of fossil fuels. With the policies articulated at the international level, how such policies and politics affect the domestic front do not get debated.
Inequality matrix: It is now well documented across the world that climate change and energy transition disproportionately affect the poor. The climate-induced problems and droughts have compounded the agrarian crisis and allied economic activities. Variations in rainfall, temperature and extreme climate events directly impact agricultural productivity, compounding farmers’ income loss.
Regional imbalance: There is a regional imbalance in the effect of climate change. Regions heavily reliant on coal production may lose revenues and livelihoods. This regional divide in economic inequality correlates with the energy source divide in India. Coal, the cheapest source of energy, is located in the poorer regions in eastern and central India while renewable energy hubs, powered by wind and solar photovoltaics (PV) technologies, are located in the relatively wealthy southern and western India

INDIA AND CLIMATE CHANGE

India’s energy consumption (2021)

Coal was the major contributor to the total energy supply in India (accounting for 56.1% followed by crude oil (33.4%).
Industrial sector was the largest consumer of energy, using more than half, i.e., 51% of the total final energy consumption followed by transport (11%), residential (10%), and agriculture (3.6%)
Manufacturing is far more energy- and carbon-intensive than agriculture and services.

India’s approach:

India’s Nationally Determined Contributions (NDC) aim to ensure that 40% of the total installed power generation capacity is clean energy. The country has pledged to achieve net-zero emissions by 2070.
India’s approach to common but differentiated responsibilities (CBDR) in international negotiations allows developing countries in the global south to prioritise economic growth and development over climate mitigation.
India’s historically lower emissions, focusing on economic growth, has naturally taken precedence over climate concerns. Such approach evades concerns of climate justice within India, particularly its effect on inequality across levels class, caste and region.

THE WAY FORWARD

Balance development with Climate justice: There is a need of balancing the development with climate justice to ensure that development in the time of changing climate does not affect the livelihoods of the poor and vulnerable.
Renewable energy adoption: Renewable energy adoption is crucial to address climate justice. However, it should be kept in mind that this shift should not exacerbate existing disparities of class, caste, and regional disparities. Transitioning to renewables requires a deliberate focus on protecting livelihoods, offering alternative job opportunities, and ensuring that vulnerable communities are not adversely impacted.
Holistic approach: A just transition entails a holistic approach that considers economic, social, and regional inequalities. To ensure an equitable and sustainable transition, strategies must target inequality reduction and green investment simultaneously.
Adequate compensation: Climate justice requires compensation for those who are harmed, as those who contribute to climate change are not the ones who are affected by it. Any mitigation effort must invert this carbon injustice by making the richer countries or richer classes within a country pay for the energy transition to the less developed countries.

THE CONCLUSION: Climate change and use of fossil fuels around the world is exacerbating the negative impact on vulnerable communities. There is a need to take steps for climate justice by

mitigation and adaptation , policy alignment and cooperation among nations.

PREVIOUS YEAR QUESTION

Q. Describe the major outcomes of the 26th session of the Conference of the Parties (COP) to the United Nations Framework Convention on Climate Change (UNFCCC). What are the commitments made by India in this conference? (2021)

MAINS PRACTICE QUESTION

Q. What are the challenges in ensuring climate justice in India? As an emerging leader of Global South, how can India work with other developing nations to bring climate justice into global discourse? Discuss.

SOURCE: https://www.thehindu.com/opinion/lead/the-shape-of-climate-justice-in-a-warming-india/article67438965.ece

REFORMS FOR MULTILATERAL DEVELOPMENT BANKS

THE CONTEXT: Recently, the G20 expert panel on strengthening Multilateral Development Banks (MDBs) has discussed the need to shift the MDB’s focus from financing individual projects to prioritising programmes. This development has once again brought the issue of reform in MDBs into the forefront.

WHAT ARE MULTILATERAL DEVELOPMENT BANKS?

Multilateral Development Banks are institutions whose members include multiple developed and developing countries, which have to fulfill certain lending obligations to facilitate developmental objectives.
They provide financing and technical assistance to countries and organisations undertaking projects across sectors including transport, energy, urban infrastructure, and waste management.
Usually, developed countries in MDBs contribute to the lending pool, while developing countries primarily borrow from these institutions to fund development projects.
MDBs include the World Bank Group, the Asian Development Bank, the African Development Bank, the Inter-American Development Bank, etc.

NEED FOR REFORMING WITHIN MDBS

Climate crisis: The G20 expert group cites the issue of climate crisis that there is a lack mechanisms for mitigation of crisis, especially in emerging markets and developing economies (EMDEs).
Existing perception of MDBs: The expert group also notes that the existing perception and practices of MDBs have adversely impacted their engagement with the private sector. MDBs are often seen as possessing bureaucratic hurdles which deters the private sector from being more involved in assisting with financing.
Outdated framework of MDBs: The current legal and institutional framework of MDBs is outdated and inadequate to deal with the rapid changes and complexities of the current global order.
Inefficient resource: MDBs face resource constraints in meeting the increasing demands for development financing. The current funding levels are not sufficient to address the scale of challenges faced by developing countries.

MDBs AND INDIA

As a leader of global south: India, as a leader and partner of the Global South, has a stake and a role in shaping the reforms of MDBs to make them more responsive and effective in addressing these issues and opportunities.
As a major beneficiary, India is also a major borrower and beneficiary of MDBs, especially the World Bank Group and the Asian Development Bank. India has received loans and grants from these institutions for various sectors such as infrastructure, health, education, agriculture, etc. MDBs have played a crucial role in India’s development journey by financing key infrastructure projects with longer gestation periods.
As a contributor: India is also a contributor and shareholder of MDBs. India has provided capital and resources to these institutions to support their operations and lending capacity. India has also participated in their governance and decision-making

THE WAY FORWARD:

To better deal with global challenges: According to the expert group, a reformed MDB ecosystem can equip stakeholders to better deal with global challenges in effective ways. Therefore, MDBs should operate more in sync with the developmental priorities of individual nations.
Private sector role: Given that MDBs need to ramp up financing to $390 billion by 2030, the private sector can play a pivotal role in making that happen by reversing the current trend of disappointingly low private financial flows to EMDEs.
Achieving SDG: According to the expert group, MDBs should focus their operations financial as well as analytical on helping national governments to create and operationalise their respective country platforms for the highest priority sustainable development goals (SDG).
Promoting Inclusive Growth and Shared Prosperity: MDBs can help Middle-income countries (MICs) address the challenges by supporting policies and programs that enhance productivity, competitiveness and

THE CONCLUSION: MDBs are facing several challenges and limitations that affect their relevance and performance in the changing global context. Therefore, there is a need to reform and strengthen MDBs to make them more responsive and effective in addressing the emerging challenges and opportunities.

PREVIOUS YEAR QUESTIONS

Q.1 India has recently signed to become a founding member of the New Development Bank (NDB) and also the Asian Infrastructure Investment Bank (AIIB). How will the role of the two Banks be different? Discuss the strategic significance of these two Banks for India. (2014)

Q.2 The World Bank and the IMF, collectively known as the Bretton Woods Institutions, are the two inter-governmental pillars supporting the structure of the world’s economic and financial order. Superficially, the World Bank and the IMF exhibit many common characteristics, yet their role, functions and mandate are distinctly different. Elucidate. (2013)

MAINS PRACTICE QUESTION

Q. Discuss the challenges faced by the Multilateral Development Banks in mobilizing the resources. What steps can be taken to address these challenges? Explain.

SOURCE: https://indianexpress.com/article/explained/explained-economics/reforms-proposed-world-bank-multilateral-development-8990139/

THE BRI AT 10, SOME HITS, MANY MISSES

THE CONTEXT: Recently, the third Belt and Road Forum(BRF) was convened in Beijing, China which has put the spotlight back on Chinese signature initiative of Belt and Road Initiative (BRI). Even though the BRI is criticised for ground realities, all eyes will be on the future of the Belt and Road Initiative.

OUTCOME OF THE BRF

The BRF III is themed on “High-quality Belt and Road Cooperation: Together for Common Development and Prosperity”.
Three high-level forums were held under the topics of Connectivity in an Open World Economy, Green Silk Road for Harmony with Nature, and Digital Economy as a New Source of Growth, respectively.
Six thematic forums with focuses on Trade Connectivity, Maritime Cooperation, Clean Silk Road, Think Tank Exchanges, People-to-People Bonds, and Subnational Cooperation were respectively convened.

Chinese President announced the following major steps:

Building a multidimensional Belt and Road connectivity network.
Supporting an open world economy
Carrying out practical cooperation
Promoting green development
Advancing scientific and technological innovation.
Supporting people-to-people exchanges
Promoting integrity-based Belt and Road cooperation
Strengthening institutional building for Belt and Road international cooperation

WHAT IS BELT AND ROAD INITIATIVE (BRI)?

Belt and Road Initiative (BRI) is a large-scale infrastructure development programme launched by China in 2013.
In October 2017, the Belt and Road Initiative was written into the Communist Party’s Constitution, signalling an all-out effort to realize the vision.
The initiative aims to connect Asia with Europe and Africa through a network of railways, highways, ports, airports, and other infrastructure projects with the intent to promote trade, investment, and economic growth in participating countries.
The BRI comprises two main components:

1. The Silk Road Economic Belt : It focuses on improving connectivity and cooperation between China and countries in Central Asia, Europe, and West Asia.
2. Maritime Silk Road: It focuses on strengthening maritime cooperation between China and countries in Southeast Asia, South Asia, and Africa.

CHINA’S INTENT OF BRI

From regional to global: Early debates in China reveal the intent behind the Belt and Road Initiative (BRI). It was intended to be a gateway for China to transition from a regional power with global influence to a global power with comprehensive strength. It is argued that the BRI was China’s bid to reboot globalisation and rectify its shortcomings.
Infrastructure to counter rivals: A rising China also felt the need to develop new transport and trade arteries as alternatives to counter rivals to boost Chinese economy.
Challenging other lending institutions: China intends to put its money all over the world through the initiative and having a strong economic hold by challenging other lending institutions.
Building an economic order centred on countering the dollar: At the onset, China was pitching for the use of local currency in trade, with the intent of pushing out the dollar to build an economic order centred on China.

ACHIEVEMENT OF BRI

Since its introduction in 2017, the BRI has evolved into a comprehensive strategy for China, with greater involvement in projects.

The Chinese government’s white paper on BRI (“The Belt and Road Initiative: A Key Pillar of the Global Community of Shared Future”) revealed that over 200 BRI cooperation pacts had been inked with over 150 nations.
The document also stated that total two-way investment between China and partner countries from 2013 to 2022 touched $380 billion.
Under China’s Marshall Plan, motorways, power plants, ports, railway networks, and digital infrastructure have been built.
Some of the key projects are:

1. Laos High-speed railway: Laos took on huge loans from China to partially finance a $6 billion high-speed railway connecting it with the underdeveloped, landlocked nation.
2. Djibouti Naval base: China showered Djibouti with investment after bringing the small African nation into the BRI’s orbit, and a military base is the centerpiece of the project.

ISSUES WITH BRI:

Debt sustainability: One of the most significant criticisms of the BRI is that it is a debt trap, which involves China lending money to developing countries for infrastructure projects that they cannot afford to repay. Critics argue that this leads to countries becoming trapped in a cycle of debt and dependence on China, which can undermine their sovereignty and increase their vulnerability to economic and political pressure from China.
Social and environmental impact: There are also concerns regarding social and environmental impact of the infrastructure projects. A report from the ISEAS-Yusof Ishak Institute on the BRI has highlighted issues related to ecological damage, displacement of people, disputes over payouts and labour unrest.
Decentralised approach: The BRI is not a multilateral initiative but seen as a collection of bilateral projects. This decentralized approach leads to lack of coordination and create governance challenges. It lacks a centralized governing structure, making it difficult to address issues collectively.

INDIA’S POSITION

India is among the first countries to oppose the project, India had signalled its strong displeasure ahead of the first BRF over the inclusion of the China-Pakistan Economic Corridor (CPEC) as a BRI project.
The CPEC passes through Pakistan-Occupied Kashmir and is the main reason for India not participating in the BRI. It is against the sovereignty and territorial integrity of India.

THE WAY FORWARD:

India’s initiative: India need to participate actively with its partners in the region to offer alternative connectivity arrangements to its neighbours.
Global initiative: There is a need of strengthening of global initiatives to counter BRI. With the emergence of alternative initiatives, such as the G7’s Partnership for Global Infrastructure and Investment (PGII) and the EU’s Global Gateway Plan, could also shape the future of infrastructure development in developing countries.
China’s role: The future of the BRI will depend on China’s ability to address the challenges and concerns raised by participating countries and to adapt to changing global conditions.

To ensure the long-term sustainability and success of the BRI, China may need to focus on promoting greater transparency and sustainability in BRI projects and work collaboratively with participating countries to address debt sustainability concerns.

THE CONCLUSION: The BRI faces significant challenges, including concerns about debt sustainability and the impact of China’s economic slowdown. Here, there is a need to provide an alternative to BRI, but the larger and stronger economies have to come together to find a way ahead.

PREVIOUS YEAR QUESTIONS:

Q.1 The China-Pakistan Economic Corridor (CPEC) is viewed as a cardinal subset of China’s larger ‘One Belt One Road’ initiative. Give a brief description of CPEC and enumerate the reasons why India has distanced itself from the same. (2018)

Q.2 “China is using its economic relations and positive trade surplus as tools to develop potential military power status in Asia”. In the light of this statement, discuss its impact on India as her neighbour. (2017)

MAINS PRACTICE QUESTIONS

Q.1 BRI has raised geopolitical concerns regarding Chinese control over critical infrastructure, and it is blamed for its “debt-trap diplomacy’’. Analyse.

SOURCE: https://www.thehindu.com/opinion/op-ed/the-bri-at-10-some-hits-many-misses/article67435346.ece

ON MARRIAGE EQUALITY, THE SUPREME COURT STOPS SHORT

THE CONTEXT: In its latest judgment, the Supreme Court of India has taken some steps to protect same-sex unions from discrimination. But in the final analysis, the Court limited itself to protecting only a few rights instead of granting full recognition to same-sex marriage.

IS THE RIGHT TO MARRY A FUNDAMENTAL RIGHT?: RECENT VERDICT

According to the recent court verdict, marriage is an institution set up under law and same-sex couples do not have a right to participate in it unless the law permits them to do so.
The Court upheld the Special Marriage Act, 1954 in its current form, e., permitting marriages only between a ‘man’ and a ‘woman’. It does not extend it to same-sex marriages.
It upheld the institution of marriage flows from the statutes created by the state and the right to marry is not expressly recognized either as a fundamental or constitutional right under the Indian Constitution but a statutory right.
The Court held that same-sex marriage is possible only through specific law and that it can’t read into existing laws. The issue of codifying has been left to the government, which has been told to set up a committee to deliberate on same-sex marriages issue.

OTHER OBSERVATIONS:

The right to enter into a union and ability to choose partner is mentioned in Article 19 and Article 21.
The court observed that the bar on union between two queer persons based on their gender identity would be in violation of right under Article 15.
CJI also added that in Article 21 – sex must also be used to mean sexual orientation.

ISSUES:

Denied right to marry: As the recent verdict has not granted any approval on the right of marriage, this is discriminatory to queer people. As they are denied to create a union solely on account of their sexual orientation. Society’s recognition of marriage is a public recognition of that form of commitment that is being denied here.
Issue of adoption: The current laws embody a discriminatory assumption that only heterosexual parents can, as a couple, be appropriate parents.
Historical injustice: Queer people are facing historical injustice in the society and a larger web of discrimination is going on which affects not only their fundamental right but human rights as well. Discrimination also has indirect and deep consequences on society as
Religious and Cultural Beliefs: The union of same-sex couples is seen against religious and cultural beliefs. Also, it is seen as against the primary purpose of marriage that is procreation and thus seen as unnatural.
Legal issues: There are concerns that allowing same-sex marriage will create legal problems, such as issues with inheritance, tax, and property rights. There are not appropriate laws in the country to regulate on these issues.

THE WAY FORWARD:

Granting recognition to marriage: It should be on the part of the legislature to frame adequate laws to grant recognition to the marriage of queer people. It is the duty of the State to extend necessary protection. It would signal a positive message and acceptance in society for queer people as well.
Regulatory framework: There should be a separate anti-discrimination law and proper laws for punishment for the discriminatory practices against queer people to undo the historical injustice against the community as current laws are fragmented.
Collective force: There is a need of collective force for advocacy of queer marriage and all the NGOs, the activism has to be even strongly come forward and work on strategies and policies to bring in the consensus to understand the challenges.
Adoption regulation: Law on adoption should be on the basis of merit, not on sex. Merely because a relationship is regulated by law, it does not mean that couples who are not married does not mean they are not serious about their relationship.
Global recognition: A growing number of governments around the world are considering whether to grant legal recognition to same-sex marriages. India should also come forward to grant legal recognition for protection of their rights. State legislatures can enact laws recognising and regulating same-sex marriages; the Constitution under Articles 245 and 246 empowers both the Parliament and the State to enact marriage regulations. They need to create a gender-neutral law for marriage.

THE CONCLUSION: This judgment will only delay the already long and arduous struggle to create the conditions where same sex couples could live a life in freedom without fear. There is a need to create a more inclusive society by giving equal rights regardless of their gender.

PREVIOUS YEAR QUESTION

Q. Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy. (2017)

MAINS PRACTICE QUESTION

Q. The recent verdict has left the issue of codification of law to recognise same-sex marriage to the government instead of stepping into the domain of legislature. How far do you think this will address the concerns of queer people?. Explain in the context of recent judgments on queer people by Supreme Court.

SOURCE: https://indianexpress.com/article/opinion/columns/pratap-bhanu-mehta-writes-on-marriage-equality-the-supreme-court-stops-short-8987605/

OBCs AND SUBCATEGORIES: WHY THIS HAS BEEN A HOT-BUTTON ISSUE FOR LONG

THE CONTEXT: The publication of the results of the caste survey in Bihar had raised the possibility that other states too would announce similar exercises. In this respect, the Minister for Backward Classes Welfare in Andhra Pradesh recently announced that the state will begin a backward classes census soon.

ABOUT OTHER BACKWARD CLASSES (OBCs)?

The expression ‘OBC’ was coined to denote backward/ marginalised communities and castes that were not Scheduled Castes (SCs) or Scheduled Tribes (STs).
Affirmative action for OBCs is mandated by

Article 15(4) of the Constitution which states that “Nothing in this article shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens.’’
Article 16(4) allows the state to make “any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State”.

However, the OBCs, which are the beneficiaries of 27% reservation in Central Govt jobs, are not a single category, and within the OBC, there are hundreds of castes, all at different levels of marginalisation.
The demand for reservation for the “backwards among OBCs” has gained traction as the feeling has grown that a handful of “upper” OBCs have grabbed most of the benefits of the 27% reservation that came with the implementation of the Mandal Commission.

HISTORICAL EVOLUTION OF THE OBC RESERVATION STATUS IN INDIA

With the establishment of Kalelkar Commission in 1953, backward classes were first recognised beyond the Scheduled Castes (SCs) and Scheduled Tribes (STs) on a national level.
In 1980, the Mandal Commission Report estimated that the OBC population constituted 52% and identified 1,257 communities as backward.
To address the inequity, it suggested an increase in the existing quotas (which were previously applicable only to SC/ST) from 22.5% to 49.5%, extending the reservation to include OBCs.
Following these recommendations, the central government implemented the reservation policy, reserving 27% of seats in union civil posts and services for OBCs under Article 16(4). This policy was also enforced in central government educational institutions under Article 15(4).
In 2008, the Supreme Court intervened and directed the central government to exclude the “creamy layer” (advanced sections) among the OBCs from benefiting from the reservation policy, ensuring that it reaches the most disadvantaged.
In 2018, 102nd Constitution Amendment Act granted constitutional status to the National Commission for Backward Classes (NCBC). This elevated the NCBC from its previous status as a statutory body under the Ministry of Social Justice and Empowerment, giving it more authority and recognition in safeguarding the interests of backward classes, including the OBCs.

WHAT IS SUB-CATEGORISATION OF OBCs?

The idea of sub-categorisation of OBC is to provide reservation to backwards amongst the OBCs which are granted 27% reservation in jobs and education under the central government.
For OBCs, the debate arises out of the perception that only a few affluent communities in the Central List of OBCs have secured a major part of the 27% reservation. By creating sub-categories within OBCs it would ensure “equitable distribution” of representation among all OBC communities. To examine this, the Rohini Commission was constituted on October 2, 2017.

About Rohini Commission

In 2017, the President of India constituted a 5 member commission to explore the concept of sub-categorization of OBC. The commission is headed by former Chief Justice of Delhi, G. Rohini.
This commission was appointed by the President by exercising the provisions given in Article 340 of the Indian Constitution.

Terms of Reference:

Examine the inequitable distribution of benefits among OBCs listed in the Central List.
Propose a scientific approach and parameters for sub-categorisation within OBCs.
Identify and classify the respective castes or communities into their respective sub-categories.
Study the entries in the Central List of OBCs and recommend corrections for repetitions, ambiguities, inconsistencies, and errors in spelling or transcription.

SUBCATEGORIES IN STATES

Over the decades, state governments have applied their own criteria to distribute quota benefits among the various categories of OBCs, a process that began well before the Mandal recommendations were implemented at the Centre
In Andhra Pradesh, OBCs are divided into five subcategories: (A) Aboriginal tribes, vimukt jatis, nomadic and semi nomadic tribes etc; (B) Professional group like tappers, weavers, carpenters, ironsmiths, goldsmiths, kamsalins etc; (C) SC converts to Christianity and their progeny; (D) all other OBC castes and communities not covered in the previous three categories; (E) 14 Muslim OBC castes, who were identified in 2007. Groups A-E share 29% reservation benefits, split into 7%, 10%, 1%, 7%, and 4% respectively. Telangana follows the same model.
In Karnataka, 207 OBCs castes are divided into five sub-groups.
Jharkhand has two groups: Extremely Backward Classes (EBCs) and Backward Classes.
West Bengal’s 143 OBC castes are divided into More Backwards and Backwards.
In Maharashtra, the 21% OBC reservation is shared by the Special Backward Category (2%) and Other Backward Classes (19%).
In Tamil Nadu, the 50% OBC quota is divided among Backward Classes (26.5%), Backward Class Muslims (3.5%), and Most Backward Classes/Denotified Community (20%).
In Kerala, 40% OBC reservation is divided into eight subgroups, including Ezhava/Thiyya/Billava (14%), and Muslims (12%).

CHALLENGES

Delay in sub-categorisation: There has been delay in sub-categorisation due to various issues including the disruptions caused by COVID-19 pandemic.
Complex issues: Enumeration of OBC data is administratively complex and the information lacks completeness and accuracy since the State and Central list of OBCs are distinct.
Breach of 50-per-cent ceiling: With sub categorisation, issue of more reservation will arise. It may lead to breach of apex court’s 50-per-cent ceiling, since many communities have sought separate reservations at the State and Central levels across India.
Lack of data: Government lacks information for data enumeration of OBC as data from 2011 Socio-Economic Caste Census were never made public.
Electoral politics: This sub categorisation can lead to manipulation of voters and can be used for electoral politics rather than ensuring marginalised communities issues.

THE WAY FORWARD:

Revision of list: There is a need of periodic revision of the income limit in determining the creamy layer with inclusion of factors such as the per capita income and rise in the cost of living, etc. There is a need to develop an evidence-based policy options that can be tailored to meet specific requirements of specific groups.
Use of Rohini Commission data: Recently released(not published) report of the Rohini Commission should be properly used for the classification of OBC without having any prejudice or bias.
Strong political will: Political parties should channel their energies to make substantive and qualitative changes in the way the reservation is implemented and not use it for vote bank politics.

THE CONCLUSION: With the issue of sub-categorisation is again raising the debate in the country, it should be done carefully. Also, there is a need to frequently revise the income limit in determining the creamy layer for non-discrimination and equal opportunity for the marginalised section.

PREVIOUS YEAR QUESTION

Q.1 How do you explain the statistics that show that the sex ratio in Tribes In India is more favourable to women than the sex ratio among Scheduled Castes? (2015)

Q.2 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 PREVIOUS YEAR QUESTION

Q.1 The Sub-categorisation of OBCs aims to provide appropriate positive discrimination for the benefit of the downtrodden and economically backward sections of the society. Examine.

SOURCE: https://indianexpress.com/article/explained/obcs-and-subcategories-why-this-has-been-a-hot-button-issue-for-long-8989702/

WHEN TIGERS AND JACKALS GET THE SAME PROTECTION

THE CONTEXT: Ecologists are expressing concerns over the inclusion of larger number of species in the new schedules of the Wildlife Protection (Amendment) Act, 2022, with no consultation, process or logic.

WILDLIFE PROTECTION (AMENDMENT) ACT, 2022

The Act amends the Wild Life (Protection) Act, 1972 which regulates the protection of wild animals, birds and plants.

Some of the provisions are:

Implement the provisions of CITES: The Amended Act seeks to implement the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Under CITES, plant and animal specimens are classified into three categories (Appendices) based on the threat to their extinction. The Convention requires countries to regulate the trade of all listed specimens through permits. It also seeks to regulate the possession of live animal specimens.
Penalties: The Amended Act increases the prescribed imprisonment terms and fines for violating the provisions of the Act.
Rationalising schedules:Earlier, the Wildlife Protection Act had six schedules one for specially protected plants, four for specially protected animals, and one for vermin species.

The amended Act reduces the total number of schedules to four by:

Reducing the number of schedules for specially protected animals to two (one for greater protection level)
Removes the schedule for vermin species
Inserts a new schedule for specimens listed in the Appendices under CITES (scheduled specimens)
Conservation reserves: Under the earlier Act, state governments may declare areas adjacent to national parks and sanctuaries as a conservation reserve, for protecting flora and fauna, and their habitat. The Amended Act empowers the central government to also notify a conservation reserve.

ISSUES:

Increased the number of species:The Amended Act seeks to increase the species protected under the law. In brief, Schedule 1, which confers the highest protection, contains about 600 species of vertebrates and hundreds of invertebrates, while Schedule 2 contains about 2,000 species (with 1,134 species of birds alone). This rationalisation has meant the inclusion of a very large number of species in Schedule I, which was meant essentially for critically endangered and endangered species. This also goes against the scientific logic of studying populations in the wild before deciding to place a species in Schedule I.
Only two level of protection: The amendment Act sought to rationalise the schedules, and has created only two main levels of protection for animals — Schedule I specifying the animal species with the highest level of protection, and Schedule II specifying the animal species with a relatively lower degree of protection. Schedule III in the amendment Act is for plant species, and Schedule IV is for species protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
More scrutiny for research: One of the issues with the new system of schedules is that scientists may require two levels of permissions from the state and the Centre to collect specimens. Any handling of animals in Schedule I requires permission from MOEFCC in addition to the state. Thus, any sample collection, tagging, ringing, etc. will now require state and Central permission. Thus, research on animals on both Schedules 1 and II will become highly restricted.
Issue of prioritisation: Another issue is about the new system not prioritising species as per their ecological importance, including whether they are endangered or not, whether their habitat is degraded or not. As Jackals and bonnet macaques are listed in the same protection as tigers and rhinos in Schedule I. On the other hand, the white-bellied sholakili is in Schedule 1, but the Palani laughingthrush, a bird with similar ecology and a far more restricted distribution, is in Schedule 2. This shows concern with conservation of species.
Limited consultation: A group of ecologists pointed out that the list of species in the amendment Act appears to have been created with little or no consultation. Only a few wildlife ecologists were aware of large-scale changes to the list of species in the schedules. Consequently, the outcomes of the new schedules are not based on science.
Issue of resources: Despite listing of hundreds of species of mammals and over 1,000 species of birds it is unclear where resources should be allocated on the basis of this list.
Impact on people: One of the more important issues concerns the impact on people. Various Schedule 1 species pose enormous physical, mental and economic harm to people. And yet people are told to learn ‘co-existence’ and WLPA serves to enforce this viewpoint. For example, the new Act elevates wild pigs and nilgai to Schedule 1, which means that the few States that have now allowed limited culling of problematic animals may not be able to retain that policy.
Impact on livelihood of local communities: The WLPA also has a restrictive view on hunting and the use of animals, even when it has been done traditionally for hundreds of years, which affects the livelihood of local communities.

THE WAY FORWARD:

Protect Local Communities: As local communities are dependent on the wildlife for their livelihood, there should be regulated use of forest resources to support the livelihoods of local communities.
Transparency in research: There must be a transparent and time-bound process of granting permissions to research projects, which are necessary to understand species and have conservation implications. In the future, India will need to rely on specialised wildlife biologists and disease ecologists to understand rapidly emerging health threats to wildlife and humans and recommend innovative conservation plans and hence research in wildlife should be encouraged and facilitated.
Need for prioritization: The listing of species has led to an imbalance in the allocation of resources for the protection of vulnerable species. There is an urgent need to prioritize the wildlife animals who are most vulnerable on the list, and that should be done with proper consultation. There should be a very scientific basis for the inclusion of species in schedules, and that should be updated from time to time.

THE CONCLUSION: The recent amendment to Wildlife Protection Act has led to enormous impact on conservation of species, research and livelihood as well. Therefore, all three issues conservation, people’s issues, and research need to be attended with different degrees of urgency.

PREVIOUS YEAR QUESTION

Q. How does the draft Environment Impact Assessment (EIA) Notification, 2020 differ from the existing EIA Notification, 2006? (2020)

MAINS PRACTICE QUESTION

Q. The recent amendments to the Wildlife Protection Act, 1972 can have debilitating effects on research and conservation of species. Examine and suggest measures to address the issue.

SOURCE: https://www.thehindu.com/opinion/op-ed/when-tigers-and-jackals-get-the-same-protection/article67430687.ece#:~:text=The%20same%20level%20of%20protection,the%20felling%20of%20native%20trees.

HOW IS THE INDIAN OCEAN RIM ASSOCIATION A KEY BLOC FOR INDIA?

THE CONTEXT: Recently, Indian Ocean Rim Association’s (IORA) Council of Ministers (COM) held in Colombo, Sri Lanka on October 11, 2023 that was attended by foreign ministers and senior officials of the 23-nation grouping of countries.

HIGHLIGHT OF IORA 2023 CONFERENCE

The theme of Indian Ocean Rim Association’s (IORA) Council of Ministers (COM) is ‘Reinforcing Indian Ocean Identity’.
Sri Lanka took charge as Chair from Bangladesh, and India is Vice-Chair, meaning that the troika of IORA is within the South Asian region.
The conference witnessed the signing of three agreements on bilateral cooperation:

1. Indian assistance for housing projects
2. Modernising school
3. A new joint project between the Indian National Dairy Development Board, Amul cooperative and the Sri Lankan Cargill Group to increase milk production in Sri Lanka.

ABOUT INDIAN OCEAN RIM ASSOCIATION’S (IORA)

The Indian Ocean Rim Association includes 23 countries from Africa, West Asia, South Asia, South East Asia, Australia and littoral states situated in and around the Indian Ocean.
IORA’s apex body is the Council of Foreign Ministers, which meets once a year and moves by rotation through members every two years.
IORA’s membership includes 23 countries: Australia, Bangladesh, the Comoros, France, India, Indonesia, Iran, Kenya, Madagascar, Malaysia, the Maldives, Mauritius, Mozambique, Oman, Seychelles, Singapore, Somalia, South Africa, Sri Lanka, Tanzania, Thailand, the UAE and Yemen.
It also has 11 dialogue partners: China, Egypt, Saudi Arabia, Germany, Italy, Japan, South Korea, Russia, Türkiye, the U.K. and the U.S.

HOW WAS IT FORMED?

Its genesis came from a speech of Nelson Mandela in Delhi in 1995 when he was invited as the guest for Republic Day. He said that India and South Africa should explore “the concept of an Indian Ocean Rim of socioeconomic cooperation and other peaceful endeavours” that could help developing countries within other multilateral institutions.
IORA was formed in 1997 in Mauritius and named initially as Indian Ocean Region-Association for Regional Cooperation.

WHY DOES THE INDIAN OCEAN REGION MATTER?

A third of the world’s population i.e 2.6 billion people live in the region, and 80% of global oil trade, 50% of the world’s containerised cargo and 33% of its bulk cargo passes through it.
The region produces a combined total of $1 trillion in goods and services, and intra-IORA trade is estimated at around $800 billion.
There is a need of maintaining the Indian Ocean as a “free, open and inclusive space” for maintaining sovereignty and territorial integrity. It can help in countering China and countering unviable projects or unsustainable debt” to countries in the Indian Ocean Region.

WHAT DOES IORA FOCUS ON?

According to its charter, the IORA’s seven priority areas are

1. Maritime safety and security
2. Trade and investment facilitation
3. Fisheries management
4. Disaster risk management
5. Academic
6. Science and technology
7. Tourism and cultural exchanges
8. Gender empowerment.

The IORA also runs a special fund in addition, disbursing $80,000-$150,000 for project grants to members, and has a particular focus on climate change.
IORA has special focus on strategic issues and the importance of keeping a free and open sea lane, guarding against piracy.

WHY IORA MATTERS TO INDIA?

Challenges in other regional organizations: India’s other regional organisations, like SAARC and BIMSTEC, face their own challenges. While the QUAD has made progress it remains largely U.S.-led, along with military allies Australia and Japan.
Countering China: As, China is actively trying to rope in India’s neighbours with groupings like the Belt and Road Initiative (BRI), China-Indian Ocean Region Forum on Development Cooperation which exclude India. IORA can play a significant role in countering China.
Avoid big power rivalries: IORA membership is based on consensus, hence it remains a safe space for India and other countries of the region to keep out the constant challenge of big-power rivalries.
Excludes Pakistan: Pakistan has not been admitted to the grouping since it first applied in 2001, on the basis that it has not extended MFN (most favoured nation) status to India. This makes the IORA a less contentious space for India as well, compared to groupings like the Shanghai Cooperation Organisation (SCO).

THE CONCLUSION: For ensuring a free, open, and inclusive rules-based Indian Ocean region for the benefit of all the countries of the region, there is a need to strengthen and utilize the maximum potential of the Indian Ocean Rim Association (IORA).

PREVIOUS YEAR QUESTIONS:

Q.1 Quadrilateral Security Dialogue (QUAD)’ is the transforming itself into a trade bloc from a military alliance, in present times – Discuss. (2020)

Q.2 The newly tri-nation partnership AUKUS is aimed at countering China’s ambitions in the Indo-Pacific region. Is it going to supersede the existing partnerships in the region? Discuss the strength and impact of AUKUS in the present scenario. (2021)

MAINS PRACTICE QUESTIONS:

Q.1 Discuss the importance of IORA in maintaining ‘’free, open and prosperous” Indian Ocean Region.

Q.2 Critically examine the aims and objectives of IORA. What importance does it hold for India?

SOURCE: https://www.thehindu.com/news/national/how-is-the-indian-ocean-rim-association-a-key-bloc-for-india-explained/article67421544.ece

DELAY AS TACTIC: ON THE CENTRE AND COLLEGIUM RELATIONSHIP

THE CONTEXT: The Centre has assured the Supreme Court regarding the appointment of Justice Siddharth Mridul as Chief Justice of the Manipur High Court. Along with that, the Centre has forwarded as many as 70 names approved by constitutional authorities in various States for appointment as judges of High Courts showing respect to Supreme Court Collegium’s recommendations.

MORE ON THE NEWS

Delay in appointment: The delay in notifying the appointment of Justice Mridul was creating concerns as his name was recommended by the Collegium in July 2023 and was pending since then.
Delay in transfer: The Collegium has also discussed the transfer of Justice M.V. Muralidaran, now Acting CJ in Manipur to the Calcutta High Court. Centre is seemed to have delaying his transfer. His recent order of inclusion of the Meitei community in the Scheduled Tribes category is seen as the trigger for the ethnic violence in Manipur.

JUDGES APPOINTMENT: EVOLUTION OF COLLEGIUM SYSTEM

While the Collegium system finds no mention in the Constitution of India, it has evolved through the Supreme Court’s own three judgments, known collectively as the Three Judges Cases (1981, 1993 and 1998). Collegium was the result of the differences between the executive and the judiciary.
Since 1993, through Collegium system the Supreme Court decides on appointments and transfers of judges in the higher judiciary, though the nominal appointing authority is the President of India.

Can the Collegium system be replaced?

Replacing the Collegium system calls for a Constitutional Amendment Bill; it requires a majority of not less than two-thirds of MPs (Members of Parliament) present and voting in Lok Sabha as well as Rajya Sabha.
It also needs the ratification of legislatures of not less than one-half of the states.

PROCEDURE FOR APPOINTMENT OF JUDGES:

The appointment of judges to the Supreme Court of India and high courts is provided for in Article 124(2)4 and Article 217(1)5 of the Constitution, respectively.
Article 124 (2) of the Constitution lays down the process to appoint judges to the higher judiciary. It states every Judge of the Supreme Court shall be appointed by the President after consultation with such of the judges of the Supreme Court and of the high courts in the states as the President may deem necessary for the purpose. In the case of appointment of a judge other than the Chief Justice, the Chief Justice of India shall always be consulted.
Under the Collegium system, the Chief Justice of India and his 4 senior-most colleagues make recommendations for the candidates to be appointed as SC and HC judges to the President.
The recommendations by the Collegium for the Supreme Court can be of two types:

1. One, when high court judges are to be elevated to the Supreme Court
2. Two, when senior lawyers are directly appointed as Supreme Court judges.

For appointments to the high courts, the Supreme Court Collegium consists of only 3 judges, i.e. The Chief Justice of India and two senior-most judges.
Like the Supreme Court, the high courts, too, have a Collegium, headed by the chief justice of the high court and two senior-most judges as members.
The High Court Collegium sends its judicial appointment recommendation only to the Supreme Court Collegium

WHAT ROLE DOES THE GOVERNMENT HAVE IN THE COLLEGIUM SYSTEM?

The government come into play only after the SC decides the names of the judges to be recommended for elevation in the Supreme Court or a high court.
The government can then raise objections and seek clarifications over the collegium’s choices. However, if the collegium reiterates the same names, the government has no option but to appoint them.
After receipt of the final recommendation of the Chief Justice of India, the Union Minister of Law, Justice and Company Affairs will put up the recommendations to the prime minister who will advise the President on the matter of appointment.

ISSUES IN THE COLLEGIUM SYSTEM:

The conflict between the government and the Collegium over the appointment process is quite pronounced and often reaches a flashpoint. Here, issue of both sides have been mentioned below:

Court’s stand:

Selective treatment: The Court has raised concerns about the Centre’s selective treatment of its recommendations. There are instances of the government returning names that had been reiterated more than once and even ignoring some of the Collegium’s decisions. For example, the government ignored the Collegium’s recommendation to appoint Justice S. Muralidhar as Chief Justice of the Madras High Court for so long that the Collegium eventually cancelled its recommendation.
Pending appointment and transfer: The Court has raised concerns about long pending of appointment and transfer of judges by the Centre is affecting the judicial process and leads to losing of fresh talent. For instance, in the case of Justice T. Raja, who was Acting CJ in Madras for an unusually long period, the recommendation to transfer him to the Rajasthan High Court was ignored by the government until his retirement.

Centre’s stand:

Lacks transparency and accountability: The government states that the Supreme Court Collegium lacks transparency and is a “closed-door affair”as no one knows on what basis the judge is being appointed. Also, it highlights loopholes in the system and questions its accountability since it does not involve an official mechanism or secretariat.
Alien concept: Government raises concern on the basis of collegium system and calls it an “alien” concept with no such provision mentioned in the constitution. It simply ignores the role of the executive in the appointment process.

THE WAY FORWARD

Reform in collegium system: There is a need to have a proper reform in collegium system. For example, the law minister has sought the setting up of a “search and evaluation committee” with representation from the all the stakeholders in the selection of judges.
Quicker implementation: Once the Collegium reiterates any recommendation, it should be implemented within three to four weeks by having proper consultation process for losing on the talents and preventing pendency in judicial system.
Effective consultation: Views of both the judiciary and executive should be taken into account and need to prepare a Memorandum of Procedure (MOP) in consultation with the Chief Justice of India to enable transparency in the collegium system of appointment of judges. There is a need of inclusion of issues of eligibility, transparency, setting up the Secretariat for the appointment of judges, redressal of complaints and other issues in the MOP on the appointment of judges.

HOW JUDGES ARE APPOINTED IN OTHER MAJOR COUNTRIES

In the US, judges of the Federal Court are appointed by the President with the advice and consent of the Senate. The candidates are assessed by a committee of the American Bar Association and reviewed by the Senate Judiciary Committee before a vote in the Senate. There is no set retirement age for judges in the US as they continue to hold office for “good behaviour”.
In the UK, it is the independent Judicial Appointments Commission (JAC) that oversees the process of judges’ appointments. The JAC consists of 15 members; three of these are judges, while 12 members are selected through a process of open competition.
In France, judges are appointed by the President on the recommendation of the Higher Council of the Judiciary. The judges are appointed for three-year terms, which are renewable on the recommendation of the Ministry of Justice.
In South Africa, there is a 23-member Judicial Services Commission (JSC) that advises the President to nominate the judges.
In most Latin American countries like Argentina and Brazil, the President nominates the judges, subject to the approval of the respective Senates.

THE CONCLUSION: The ongoing tussle between the Centre and the Supreme Court Collegium over the appointment of judges to the high courts and the Supreme Court has once again brought into focus the process of judicial appointments in India. There is a need for bold steps for the reform of the collegium system for effective functioning of judiciary.

PREVIOUS YEAR QUESTION:

Critically examine the Supreme Court’s judgement on ‘National Judicial Appointments Commission Act, 2014’ with reference to the appointment of judges of higher judiciary in India. (2017)

MAINS PRACTICE QUESTIONS:

Q.1 All institutions in a democratic country should have a representative character, but the Collegium system has not been able to address the issue of representation. Discuss.

Q.2 What is the process of appointment of judges in India? What is the issue in the collegium system, and how can it be resolved to increase the efficiency of the judiciary?

SOURCE: https://www.thehindu.com/opinion/editorial/delay-as-tactic-on-the-centre-and-collegium-relationship/article67426975.ece

THE WORLD NEEDS TO STOP TAKING WATER FOR GRANTED

THE CONTEXT: The theme for World Food Day of 2023 is ‘Water is Life, Water is Food’ which indicates calls for urgent action in managing water wisely. Sustainable water management is critical to address impending food and nutrition security threats.

STATUS OF WATER IN INDIA

While India is home to almost 18% of the world’s population, it has only 4% of global freshwater resources.
According to a report by the NITI Aayog, a large number of Indians face high to extreme water stress. India’s dependence on an increasingly erratic monsoon for its water requirements increases this challenge.
70% of our sources are contaminated and our major rivers are dying because of pollution.
India also relies heavily on groundwater resources, which account for more than half of all irrigated land and serve 20 million tube wells. India has become the world’s largest extractor of groundwater, accounting for 25 per cent of the world.
Excessive usage of water for agriculture and related activities has resulted into overexploitation of water resources. One possible solution is the adoption of climate smart agriculture.

CERTAIN STEPS TAKEN FOR CLIMATE CHANGE ADAPTATION

The UN’s food agencies work closely with the Government of India and State governments on innovations such as Solar 4 Resilience, Secure Fishing, and the revival of millets for renewable energy promotion, food security and nutrition.
The FAO, in Andhra Pradesh, Karnataka, Himachal Pradesh, and Maharashtra, is piloting a crop forecasting framework and model incorporating climate, soil characteristics and market information. It will provide aid to rainfed farmers in making informed decisions, contributing to food security.
The FAO also supports the sustainable transformation of agrifood systems and climate-smart agriculture practices to improve water-use efficiency. It supported the farmer water school programme in Uttar Pradesh, which helped smallholder farmers.
International Fund for Agricultural Development (IFAD) supports Indian States in leveraging the Mahatma Gandhi National Rural Employment Guarantee Act scheme. IFAD has enshrined climate change adaptation in its core strategies. It set ambitious targets in terms of leveraging climate financing to mitigate climate change by addressing the adverse impacts of agriculture and helping farmers to adapt to the increasing volatility of weather conditions.

ISSUES

Increasing climate extremes: Availability or a lack of water has become even more critical with increasing climate extremes. Countries face severe challenges such as drought, floods, unseasonal rains and prolonged dry spells. In every scenario, climate change without adequate adaptation measures reduces crop yields and lowers the nutritional quality of produce.
Affects food security: Water availability affects every aspect of human life, especially food and nutrition security. For instance, about 60% of India’s net sown area is rainfed, contributing to 40% of the total food production.
Fragile ecosystems: Decades of poor water management, misuse and pollution, and the climate crisis have degraded freshwater supplies and ecosystems. It has added to the vulnerability of small-scale producers to climate shocks and land degradation in some of the world’s most fragile ecosystems. About 40% of the planet’s total land area is degraded, leaving farmers with less productive land.

THE WAY FORWARD

Water use efficiency: There is a need to increase water usage efficiency with the use of Sprinklers and drip irrigation techniques. Also, in regions where there is deficit rainfall, implementation of dryland agricultural techniques could help for water use efficiency.
Political commitment and investment: To achieve global food and nutrition security, political commitment is needed for concrete investment. There is a need for policies and investments to promote innovative technologies that allow farmers to increase their productivity and adapt to climate change.
Focus on traditional water-storing structures: There is a need to focus on traditional water-storing structures to minimize the wastage for water-efficient irrigation. There should be a focus on the reuse of water to prevent water loss and reduce the pollution of rivers.

THE CONCLUSION

With climate change and population growth leading to increased water use, new solutions have to be conceived for better urban water management. It is essential that holistic and systemic solutions are implemented to solve water issues.

PREVIOUS YEAR QUESTIONS:

Q.1 “The ideal solution to depleting groundwater resources in India is a water harvesting system”. How can it be made effective in urban areas? (2018)

Q.2 What is water stress? How and why does it differ regionally in India? (2019)

MAINS PRACTICE QUESTIONS:

Q.1 Sustainable management of water is a necessity of the present to prevent water scarcity in the future. Analyse in the context of current water crisis and suggest measures to address it.

SOURCE: https://www.thehindu.com/opinion/op-ed/the-world-needs-to-stop-taking-water-for-granted/article67424239.ece

HOW INDIA CAN MINIMISE CLIMATE RISK IN AGRICULTURE

THE CONTEXT: 2023 theme for the World Food Day is “Water is Life. Water is Food”. In this context, it needs to be assessed how far India has progressed in achieving food security and using its water resources in agriculture.

WORLD FOOD DAY

October 16 is observed as World Food Day to mark the founding of the United Nations Food and Agriculture Organisation (FAO) in 1945.
Its main purpose was to ensure food and nutrition security around the world in the aftermath of World War II.

STATUS OF FOOD SECURITY IN INDIA

Food security has three dimensions: i) Availability, ii) Accessibility iii)Affordability. Thus, Food security is ensured in a country only when sufficient food is available for everyone if everyone has the means to purchase food of acceptable quality, and if there are no barriers to access.
India has come a long way in achieving food security from a time of “ship to mouth” in mid 1960s to being top exporter of foodgrains in current times. For example, only in the last three years, 2020-21 to 2022-23, India exported 85 million tonnes (MT) of cereals, mainly rice, wheat and corn.
From the green and white revolution, India has also now ushered in a pink (poultry) and blue (fishery) revolution to achieve food security.

CURRENT FRAMEWORK FOR FOOD SECURITY IN INDIA

Constitutional Provisions: Right to food can be covered in fundamental right to life enshrined in Article 21 of the Constitution.
Public Distribution System and Buffer Stock: Public Distribution System has become an important part of Government’s policy for management of the food economy in the Food Corporation of India (FCI) has the responsibility of procuring the food grains at minimum support price (MSP) and maintaining buffer stock.
National Food Security Act, 2013 (NFSA): It marks a paradigm shift in the approach to food security from welfare to rights based approach.

HOW IS INDIA USING ITS WATER RESOURCES IN AGRICULTURE?

While India is home to almost 18% of the world’s population, it has only 4% of global freshwater resources. Much of this water is used in agriculture. While FAO puts this figure at 90%, the Indian Central Water Commission says it is 78%.
Groundwater contributes about 64 per cent, canals 23 per cent, tanks 2 per cent and other sources 11 per cent to irrigation.
Climate change is likely to increase pressure on water resources, even as the frequency and intensity of floods and droughts in the country increases.

ISSUES IN FOOD SECURITY

Disappointing data: India ranked 111th out of 121 countries in the 2023 edition of the Global Hunger Index (GHI). According to the latest National Family Health Survey, almost 16.6% of India’s population is malnourished, 35% of its children below the age of five years are stunted and 32% are underweight. In this respect, India will not be able to achieve its Sustainable Development Goal (SDG) of zero hunger (including malnutrition) by 2030.
Not enough investment: India has not succeeded in attracting private sector investments in reservoirs and canal networks. The government lacks fund to invest after food and fertilizer subsidies costing more than Rs 4 lakh crores. Under such a scenario, Indian agriculture remains a risky venture in the wake of climate change.
Inefficiency in the use of water in agriculture: There are inefficiencies in the allocation and use of water in agriculture, which is another concern for food security.

THE WAY FORWARD

Switching to less water intensive crops: To ensure food security with respect to climate change requires rewarding farmers to switch from irrigation-heavy crops like paddy and sugarcane to less water-intensive crops like millets, pulses and oilseeds. As there is a need of both producing more food along with saving water.
Increase investment: There is a need to increase investment in agriculture infrastructure for sustainable practices by engaging private sector participation and ensuring political will.
Sustainable use of water: India needs to adopt a two-pronged strategy with respect to water in agriculture. First, on the supply side, it must augment buffer stocking of water during the monsoon season in its reservoirs, and recharge groundwater through check dams and watersheds, etc. Second, it must work on the demand side to ensure more rational allocation and efficient use of water across crops.

THE CONCLUSION: To minimise the climate risk to ensure food security in India, there is a need for a paradigm shift in our thinking. For this there is a need of revamping of policies, farm practices, and products, keeping water at the centre of agriculture.

PREVIOUS YEAR QUESTION

Q. In what way could replacement of price subsidy with Direct Benefit Transfer (DBT) change the scenario of subsidies in India? Discuss. (2015)

MAINS PRACTICE QUESTION

Q.1 Despite several measures taken by the government, there are challenges for food security in the Indian context. Suggest measures that need to be taken to tackle these challenges.

Q.2 What are the legal provisions of food security in India? How far these measures have been successful in ensuring food security in India?

SOURCE: https://indianexpress.com/article/opinion/columns/ashok-gulati-writes-how-india-can-minimise-climate-risk-in-agriculture-8984596/

A WAR THAT ENDS THE SAUDI-ISRAEL ‘NORMALISATION’ PROCESS

THE CONTEXT: Recently, Hamas launched its lethal attacks on Israel; the assault has blown the efforts of the US and Israel to promote normalization of relations with Arab states, especially Saudi Arabia.

MORE ON THE NEWS:

Recently, Israeli Prime Minister showcased maps at the United Nations General Assembly.
One map depicted an isolated Israel in 1948, while the other showed Arab neighbours that now had peace agreements with Israel, Egypt, Sudan, the United Arab Emirates, Saudi Arabia, Bahrain, and Jordan. It also showed all the occupied Palestinian territories, the West Bank, Gaza and East Jerusalem, as integral parts of Israel.
He specifically praised the normalization process with Saudi Arabia and emphasized that the Palestinians should not have veto power over this process.

WHAT IS SAUDI-ISRAEL NORMALISATION?

Saudi Arabia has been a big proponent of the 2002 Arab Peace Initiative. The initiative includes the establishment of a Palestinian state and a solution for Palestine refugees for the normalisation process with Israel. Saudi demands for Israel withdrawal from Palestinian territory and Syria’s Golan Heights.
The process of normalization has been on the Saudi table since 2020. The normalization process is a US-backed diplomacy where diplomatic activities between the USA, Israel, and Saudi Arabia have even stated broad contours of the agreement.
Negotiations between Israel, Saudi Arabia and USA even pushed for the deadline to be completed within 2023.

Condition of Saudi for normalization:

S. approval for a civilian nuclear programme that provides for uranium enrichment within the country
Israeli commitment to a process leading to a two-state solution with the Palestinians
An “iron-clad” U.S. security guarantee for the country like to be included in North Atlantic Treaty Organization
Sales of advanced weapons ‘

Israel stand:

Israel stand is still optimistic expecting a deal to be reached soon, and by bridging the gap, there is a chance that in the first quarter of 2024, details of the deal will be finalized.
It is not objecting to Saudi Arabia’s desire to build a nuclear programme as far as it is for civilian nuclear programme for energy requirements.
However, Israel has rejected concessions to the Palestinian Authority (PA) government as part of normalising relations, including a settlement freeze in the occupied West Bank.

Palestinian stand:

Palestine has put its own set of conditions in exchange for Saudi Arabia normalising ties with Israel.

Reopening of the US consulate in occupied East Jerusalem, which former US President Donald Trump closed in 2019.
Asked the US to back full Palestinian representation at the United Nations.
Asked Israel to give the Palestine Authorities more control over some parts of the occupied West Bank and getting rid of illegal Israeli outposts.

Iran stand:

Iranian President has warned Saudi Arabia against making any deal with Israel by making a statement that any such deal would be a “stab in the back of the Palestinian people and their resistance”.

ISSUES:

Palestine issue not recognised: Palestine issue was not taken into regard during the normalization discussion of Israel and Saudi Arabia.
US opposing nuclear programme: There are concerns regarding Saudi developing its own nuclear programme, considering that it poses an unacceptable proliferation risk.
Challenges for US in Israel: PM of Israel heads an extreme right-wing coalition determined to accelerate the Jewish settlements in the Occupied West Bank and curb the judiciary’s independence which is against US principles as USA is a democratic country.
Saudi condemn of Israel: Saudi has repeatedly called out Israel for deprivation of the Palestinian people of their legitimate rights and the repetition of systematic provocations of its sanctities.
US not agreeing to Saudi’s condition: There are also obstacles to the U.S. sales of advanced weapons, largely due to Saudi Arabia’s poor human rights record at home and in Yemen.

IMPACT DUE TO GAZAH WAR:

Impact on Palestine: The Gazah war has once again brought the Palestine issue to the forefront and at the centre of West Asian politics, and Saudi recognized the necessity of addressing the Palestine issue. Saudi Arabia has recognised that peace and stability in the region are not possible without Palestinian interests being addressed.
Impact on Saudi-Israel negotiation process: Saudi criticized Israel’s action, which can have an impact on the rapprochement between Israel and Saudi Arabia.
Blame on Iran: Some are blaming Iran, arguing that the Islamic Republic has instigated the Hamas attacks to block Saudi Arabia’s normalisation initiative with Israel. This argument has little credibility as Saudi-Iran ties have already been normalised under Chinese mediation.
Impact wide areas: The global fallout from such a development would be quite profound. The Islamic mainstream would likely follow the Saudi lead. It would further marginalize the “Palestinians’ Cause” and may polarize and radicalize along with other opponents of Israel such as Iran and Syria, Hezbollah, Hamas and the Islamic State.

THE WAY FORWARD:

Concrete action for Palestine: There is a need to have concrete action to serve Palestine’s interests, and the international community must act now to activate a credible peace plan that enables a two-state solution.
Faster normalization process: There is a need to act up on the faster normalization process between Israel and Saudi Arabia to bring peace and stability in the region and deepen ties between both the countries.
Saudi can act as mediator: Saudi can act as mediator for the peace in the region. It will help in diplomatic ties with Israel that would balance the Saudi’s recent reconciliation with Iran and Syria. It helps it emerge as a more nationalist power than an Islamic one.

THE CONCLUSION: Gaza attack can have profound consequences for regional geopolitics and can cause a delay in the rapprochement between Saudi Arabia and Israel. Promoting the Palestinian cause will now form an important part of this foreign policy approach.

PREVIOUS YEAR QUESTIONS

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

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

MAINS PRACTICE QUESTION

Comment on the impact of Israel-Palestine conflict on the Israel-Saudi Arabia normalization process.

NOTE: Please refer to Mains Focus article of ‘Toofan al-aqsa jolts west asian geostrategic Architecture’ for more on the news.

SOURCE: https://www.thehindu.com/opinion/op-ed/a-war-that-ends-the-saudi-israel-normalisation-process/article67417900.ece

VENDETTA WITHOUT LIMIT: ON THE RESURRECTION OF AN OLD CASE AGAINST ARUNDHATI ROY

THE CONTEXT: Recently, Delhi’s Lieutenant Governor acted against the writer Arundhati Roy and a former professor, which has led to the revival of the 13-year-old case.

MORE ON THE NEWS:

The Prima facie case against both activists was made under Sections 153A and 153B of the Indian Penal Code.

1. Section 153A: Section 153A of the Indian Penal Code (IPC) deals with the offence of promoting disharmony, enmity or feelings of hatred between different groups on the grounds of religion, race, place of birth, residence, language, etc. and doing acts prejudicial to maintenance of harmony. The offence is a cognizable offence and the punishment for the same may extend to three years, or with a fine, or with both. However, the punishment for the offence committed in a place of worship is enhanced up to five years and fine.
2. Section 153B: Section 153B of the IPC safeguards the interests of “class of persons” and above all the “national integration” by providing punishment against assertions prejudicial to national integration.

The First Information Report (FIR) accuses them of hate speech for disrupting social harmony and of acting in ‘public mischief’ and of sedition. It also included Section 13 of the Unlawful Activities (Prevention) Act (UAPA) which seeks to punish “unlawful activities”.
It has came in the wake of the recent arrest of the Editor-in-Chief of NewsClick under an anti-terrorism law and other penal provisions.

What is Hate Speech?

Law Commission of India, in the 267th Report, states that hate speech is an incitement to hatred primarily against a group of persons defined in terms of race, ethnicity, gender, sexual orientation, religious belief and the like. It can hurt individuals or groups and can lead to violence and intolerance in society.

Regulation of Hate Speech in India:

Freedom of Speech: There is provision of freedom of speech in our fundamental rights under Article 19(1)(a) and Article 19(2). It has certain restrictions in the interests of sovereignty, integrity, security, friendly relations with foreign states, public order, dignity, morality, contempt of court, defamation, or instigation of an offence.
Indian Penal Code:

1. Sections 153A and 153B of the IPC: It deals with enmity and hatred between groups.
2. Section 295A of the IPC: It deals with intentional outrage the religious feelings of a class of persons.
3. Sections 505(1) and 505(2): It makes the publication and circulation of content that may cause hatred between different groups an offence.

Protection of Civil Rights Act, 1955: It penalises encouragement of untouchability through words either spoken or written or by signs or by visible representations or otherwise.

EXISTING SEDITION LAW

Sedition can be broadly defined as any act that incites violence, rebellion, or resistance against the established government or its institutions. In India, Section 124A of the Indian Penal Code (IPC) addresses the offence of sedition.
It is a non-bailable offence. Punishment under Section 124A ranges from imprisonment up to three years to a life term, to which a fine may be added.
However, recently, The Bharatiya Nyaya Sanhita Bill, 2023 has been introduced which is expected to bring about a significant transformation in the nation’s criminal justice system. It addresses the offence of sedition, although it refrains from explicitly using the term “sedition.” Instead, it characterizes the offence as “jeopardizing the sovereignty, unity, and integrity of India.”

ISSUES ARISING FROM THE CASE:

Persisting intolerance: The revival of such old case seems to follow a pattern of grudge and intolerance against civil society and outspoken critics.
Colonial mindset: The imposition of such offences shows the colonial mindset, like the British have introduced these laws to suppress legitimate forms of dissent, and the government seems to use it in a similar way.
Undermining democratic values: India is seen primarily as a democratic country but constant use of sedition laws and terming the voice of dissent as hate speech tends to undermine the democratic values of the country.
Against Supreme Court judgment: Supreme Court in Kedar Nath Singh vs State of Bihar case 1962 talked about limited application of sedition. Thus, invoking sedition charges to suppress the critics is against the judgement.

THE WAY FORWARD:

Awareness and tolerance: There is a need to promote awareness about the effects of hate speech to prevent its spread. However, there should also be awareness about the difference between hate speech and positive criticism to promote voices to encourage tolerance.
Role of Civil Society: There is a need for a proactive role of civil society by enhancing their engagement by the measures as media literacy and dialogue to counter the menace of misuse of sedition laws.
Use of Judiciary power: The judiciary should use its supervisory powers to sensitize the magistracy and police to the constitutional provisions protecting free speech.
Strengthen legislation: There is a need to enforce and strengthen legislation and enforce codes for holding individuals accountable for hate speech and promote media ethics to discourage its circulation.

THE CONCLUSION: The recent charges imposed on writer and activist by authorities seems to be a breach of freedom of speech and misuse of power. In this respect, there is an urgent need to have a bias free inquiry of the case to ensure rights of the activists and to maintain peace and harmony in the society.

Note: Refer to 5^th October Mains focus for more information.

PREVIOUS YEAR QUESTIONS

Q.1 There is a need for simplification of the procedure for disqualification of persons found guilty of corrupt practices under the Representation of Peoples Act” Comment. (2020)

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 The Law Commission has rightly said, “an expression of frustration over the state of affairs cannot be treated as sedition”. Comment.

Q.2 There is an ongoing debate between hate speech and free speech. In this respect, explain the laws governing hate speech and free speech in the country while differentiating between both.

SOURCE: https://www.thehindu.com/opinion/editorial/vendetta-without-limit-the-hindu-editorial-on-the-resurrection-of-an-old-case-against-arundhati-roy-and-an-academician/article67412339.ece

UN SECURITY COUNCIL REFORM IS A SONG IN A LOOP

THE CONTEXT: More than three decades after the debate first started over fundamental reforms at the United Nations (UN), the issue appears to have resurfaced at the ongoing General Assembly session of the United Nations.

ABOUT THE UNITED NATIONS SECURITY COUNCIL (UNSC)

The UNSC is one of the six main organs of the United Nations established under the UN Charter in 1945, and it is headquartered in New York.
The Security Council held its first session on 17 January 1946 at Church House, Westminster, London.
The Council has 15 Members (Five permanent and ten non-permanent members). Each member has one vote, and all five permanent members have veto power. All members of the United Nations have to agree to accept and carry out the decisions of the Security Council.
Five permanent members are the United States, Russia, France, China and the United Kingdom, and ten Permanent members are elected for a term of two years.
The Security Council has a Presidency, which rotates and changes every month among the 15 members.

Under the United Nations Charter, the functions and powers of the Security Council are:

to maintain international peace and security in accordance with the principles and purposes of the United Nations;
to investigate any dispute or situation which might lead to international friction;
to recommend methods of adjusting such disputes or the terms of settlement;
to formulate plans for the establishment of a system to regulate armaments;
to determine the existence of a threat to the peace or act of aggression and to recommend what action should be taken;
to call on Members to apply economic sanctions and other measures not involving the use of force to prevent or stop aggression;
to take military action against an aggressor;
to recommend the admission of new Members;
to exercise the trusteeship functions of the United Nations in “strategic areas”;
to recommend to the General Assembly the appointment of the Secretary-General and, together with the Assembly, to elect the Judges of the International Court of Justice.

ISSUES PERSISTING IN THE UNSC

Inadequate representation: One of the prominent issues in UNSC is the issue of equity among members who do not feel adequately represented. When the UN was founded in 1945, the Council consisted of 11 members out of a total UN membership of 51 countries, which means around 22% of the member states were on the Security Council. Today, there are 193 member-states of the UN, and only 15 members are on the Council representing fewer than 8%.
Abuse of Veto power: As, only five members of the council enjoys the veto power is being misused by them and has become a tool to block the work of the UNSC.
Outdated institution: There has been much change in global situation after the formation of UNSC, however, the institution remains the same. UN’s Secretary-General too has pointed that Security Council reflects the geopolitical realities of 1945 and not of existing world .
Unequal balance of power: The composition of the Council also gives undue weightage to the fewer countries. For example, Europe accounts for barely 5% of the world’s population, but controls 33% of the seats in any given year . Even the countries with the highest financial contributors to the UN, such as Japan and Germany and countries with the highest representation of population, such as India, are being denied equal power.
Unable to handle geopolitical challenges: The current mechanism of UNSC is unable to handle geopolitical challenges. One of the recent example in Ukraine conflict when a Permanent Member of the Security Council invaded a sovereign UN member-state, and the Council proved powerless to respond.

WHAT IS THE PROCEDURE FOR AMENDING THE UNSC MEMBERSHIP?

The most important hurdle in the reform of the UNSC is the inflexibility of its structure, as the bar to amending the UN Charter has been set rather high.
Changing the membership of the UNSC requires amending the UN Charter.
Any amendment requires a two-thirds majority of the overall membership in the General Assembly and would further have to be ratified by two-thirds of the member states.
Also, it should be approved by all the existing permanent members of the UNSC.
The Charter was amended only once in the 1965 when the Security Council was expanded from 11 members to 15 by adding four more elected non-permanent members.

INDIA AND THE UNSC

India has served eight times in the UNSC as a non-permanent member and is one of the largest individual contributors to the UN Peacekeeping Force. It is advocating for a permanent seat in the UN.
Though, supported by a number of countries, it is facing a few hurdles apart from the structural issues in the UNSC:
- - 1) Opposition by China: China does not support India’s being a permanent member as it does not want to dilute its status as the only Asian permanent member.
  - 2) Opposition by Pakistan: Pakistan see itself as India’s strategic rival on the subcontinent is a fixed opponent of India’s candidature.

THE WAY FORWARD

Alternative solution: Another proposal suggests creating a second category of “semi-permanent members” to accommodate states, for example, for 10-year electable terms.
Address the changing situation: There is a need to bring structural reform in the institution to effectively address the problems of today’s world.
Proper functioning of General Assembly: Proper functioning of the General Assembly is as much important as the permanent members of the UNSC in ensuring reform of the United Nations system.
Enlargement of the council: One proposed change is to admit more permanent and non-permanent members for equitable representation of all the regions. The candidates usually mentioned are Brazil, Germany, India, and Japan and members of African continent.
Power balance: There is a need for power balance within the UNSC with the democratization of the UNSC to increase its legitimacy in governing international peace, security and order.

THE CONCLUSION

There is a long persistent demand of reform of the United Nations Security Council and the time is ripe for the reforms as it is the only global system that brings all countries together on a common platform.

SOURCE: https://www.thehindu.com/opinion/lead/un-security-council-reform-is-a-song-in-a-loop/article67408819.ece

PREVIOUS YEAR QUESTIONS:

Q.1 Discuss the impediments India is facing in its pursuit of a permanent seat in UN Security Council. (2015)

Q.2 What introduces friction into the ties between India and the United States is that Washington is still unable to find for India a position in its global strategy, which would satisfy India’s national self-esteem and ambitions’. Explain with suitable examples. (2019)

MAINS PRACTICE QUESTIONS

Q.1 As India aims to lead the Global South, it needs to revitalise its engagement with its traditional partners in the “Global South” to ensure its inclusion in the UNSC as a permanent member. Discuss.

Q.2 The argument for including new members is that the UNSC has to acknowledge the contemporary geopolitical realities to promote global peace and security. Comment.

FALLOUT FROM FLARING OF WEST ASIA CONFLICT AND THE CHALLENGE FOR POLICYMAKERS

THE CONTEXT: The impacts of the ongoing conflict in West Asia are being felt in markets across the world and India is no exception. In this respect, there is a need to look into the impact on India and how policymakers respond to overcome the situation.

ECONOMIC IMPACTS ON INDIA

Implication on Crude oil prices: As India imports more than 80% of its requirements, one of the particular concerns is an escalation in the conflict engulfing the region could push crude oil prices higher.
Inflation: Higher crude oil prices could push up inflation above the RBI’s estimate of 5.4% for the full year.
Current account deficit: Higher crude oil prices and inflation can also have implications for the current account deficit. As per some analysts, the deficit is expected to rise in the second quarter from 1.1 per cent of GDP in the first quarter.

SOME OTHER CONCERNS FOR INDIA

Impact on Diaspora: Indian diaspora in Israel have got affected due to the conflict and are stranded who needs to be evacuated safely. India has launched Operation Ajay is this regard for their successful evacuation.
Impact on Remittances: West Asia region accounts for more than 50% of global remittances for India, and conflict in the region can impact the livelihoods and economy of the country.
Impact on connectivity projects: This conflict may also have implications for the recently announced India-Middle East-Europe Economic Corridor and even older projects as Chabahar port.

THE WAY FORWARD

Can act as mediator: India has an image of peaceful country and has better diplomatic relations with both sides of the stakeholder countries. In this respect, it should act proactively by playing the role of a mediator for de-escalation of the conflict.
Ensuring energy security: India should explore other options of energy security by substituting oil for some sort of renewable energy to ensure energy security with minimal impact on environment.
Maintain enough Foreign Reserve: Foreign reserves of India needs to be enhanced to cope up with the situation of emergency. In this regard, various reserve management practices should be followed.
Grab the opportunity: The time is quite significant for India to seize the opportunity as it can provide an alternative stable market with an efficient workforce with an increase in instability in the West Asia region.

THE CONCLUSION

The conflict situation in Israel has created turmoil which affects not only the West Asia region but also India which can have significant impact on Indian economy. In this regard, policymakers in India must act proactively to achieve both peace and economic stability.

PREVIOUS YEAR QUESTION:

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

Q.2 The question of India’s Energy Security constitutes the most important part of India’s economic progress. Analyze India’s energy policy cooperation with West Asian Countries. (2017)

MAINS PRACTICE QUESTION

Q.1 In what ways the ongoing West Asia conflict can affect the economic situation in India, and how should India respond to this situation?

Q.2 Indian Diaspora has an important role to play in West Asian economy and society. To what extent the use of soft power could help generate goodwill and stability in the region?

Note: Please refer to Mains Focus article of 9^th October ‘Toofan al-aqsa jolts west asian geostrategic architecture’ for more detailed analysis.

SOURCE: https://indianexpress.com/article/opinion/editorials/fallout-from-flaring-of-west-asia-conflict-and-the-challenge-for-policymakers-8977070/

IIT-B’S ‘VEGETARIAN TABLES’ POLICY: VEGETARIANISM OF PURITY PROMOTES SEGREGATION, HIERARCHY AND EVEN VIOLENCE

THE CONTEXT: The hegemony of vegetarianism over the last century has institutionalised a hierarchy between vegetarian and non vegetarians and disgust against beef eaters particularly against outcastes, Christians and Muslims.

RECENT INSTANCES:

The Director of IIT Mandi recently remarked that the cloud bursts and landslides in Himachal Pradesh were linked to meat eating. Although, IIT Mandi does not practice or encourage segregated dining in hostels.
In Mumbai, Trupti Devrukhkar was denied office space in a Gujarati society. This incident has been linked to the vegetarian vs meatarian divide in Mumbai’s real estate, with allegations that “pure vegetarian” Gujaratis look down upon those who eat meat, including Maharashtrians.
In, IIT Bombay, a meatarian student was fined for consuming meat at a table earmarked for vegetarians and thereby violating a student council rule. He has been accused of intentionally causing disharmony through his act of protest.

CURRENT SITUATION:

Changing ethics: A lot is changing in the ethics and aesthetics of food consumption in urban spaces with increase of mixed dining. Also, the caste basis of Indian vegetarianism is showing some decline as not all express disgust at the sight and smell of meat-based foods.
Not a linear process: However, mild erosion of hierarchical values and caste ethics in food consumption is not a linear process. Militant vegetarians seek to continually sustain the traditional ethics and aesthetics of segregation and hierarchy in food consumption.

AFFECT ON FUNDAMENTAL RIGHTS:

Article 17: As per Article 17, untouchability has been abolished and its practice in any form is forbidden. The enforcement of any disability arising out of Untouchability shall be an offence punishable in accordance with law.
Article 14: As per article 14, the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
Article 21: As per article 21, No person shall be deprived of his life or personal liberty except according to procedure established by law.

ISSUES ARISING:

Gendering roles: Though, the dynamics are changing as vegetarian parents are increasingly allowing their children to experiment with meat-based foods. However, these changes are usually gendered, as men experiment more outside their homes while women keep the private familial spaces pure and holy by sticking to a satvik diet.
Segregation and hierarchy: Such militant vegetarianism is a social illness that seeks continual segregation and hierarchy and even leads to violence. Parvis Ghassem-Fachandi’s study of anti-Muslim violence in Gujarat points to the role of vegetarianism, sacrifice, and bovine nationalism in such violence.
Roots in ancient times: Unlike veganism, which may emerge from compassion, the foundations of militant vegetarianism lie in varnashrama dharma and graded inequality of ancient times.
Argument in name of environment: Perpetrator tends to condemn the meat eating in the name of environment and argument of compassion for animals. It turns the pure-vegetarian nationalist project into an environmental one.
A comparison with menstruation: A productive comparison can be made of meat eating with menstruation. Like, both meat and sanitary pads are associated with shame, guilt and impurities as meat like sanitary pads are usually packed in black polythene bags and deemed outcastes.
Sensitive mixed public spaces: Mixed eating public spaces are mostly sensitive to the religious sentiments of Muslims and Savarna Hindus as neither beef nor pork is served in such spaces.
Vulnerable Academic spaces: Academic spaces too are increasingly turning into conservative sites for performing the politics of militant vegetarianism and cow nationalism.

THE WAY FORWARD:

Mixed dining: There is need to encourage mixed dining to enhance the cultural harmony of the region. It will act as a sign of a new post-caste sociality where caste sentiments of touch, purity and pollution are not turned into public sentiment. However, this should be done with caution by ensuring that no sentiments are hurt.
Balance of environment and eating: Though there are certain environmental concerns that are being raised due to meat eating. However, there is need of a balanced solution in this regard so that there is minimum impact on environment.
Scientific temper in academic spaces: Academic spaces should not turn as an arena of politics and hatred. These areas should invest in scientific temper and higher learning that celebrates diversity and hierarchy.
Informal social regulation: Rules of segregation based on food preferences cannot be formally institutionalised in public spaces or even in housing societies. However, there can be informal social regulation to ensure non violence and harmony.

THE CONCLUSION: Bharatiya vegetarianism of purity, segregation and hierarchy is under considerable duress Experiencing and practising equality in public life is essential for cultivating civic virtues among younger generations and mixed dining is a minimal sign of such higher living beyond caste. Despite some progress, nothing divides us like food.

PREVIOUS YEAR QUESTIONS

Q.1 How does the Indian society maintain continuity in traditional social values? Enumerate the changes taking place in it. (2021)

Q.2 Has caste lost its relevance in understanding the multi-cultural Indian Society? Elaborate your answer with illustrations. (2020)

MAINS PRACTICE QUESTIONS

Q.1 Do you agree with the view that the increase in conflicts and violence in society appears to be a consequence of militant vegetarianism? Argue.

SOURCE: https://indianexpress.com/article/opinion/columns/iit-bombay-vegetarianism-segregation-hierarchy-violence-8976874/

THE MONEY BILL CONUNDRUM: SEVEN-JUDGE CONSTITUTION BENCH TO REVISIT ISSUE

THE CONTEXT: The Chief Justice of India (CJI) recently said that he will constitute a seven-judge Constitution Bench to hear a batch of petitions on challenging the Centre’s use of the money bill as a route to pass key legislations.

WHAT IS A MONEY BILL?

A money bill has been defined under Article 110 of the Constitution as a draft law that must deal “only” with matters specified in Article 110 (1)(a) to (g) taxation, borrowing by the government, and appropriation of money from the Consolidated Fund of India, among others.
As per Article 110(1)(g), “any matter incidental to any of the matters specified in Articles 110(1)(a)-(f)” can also be classified as a money bill.
Generally, for a bill to be enacted into law it requires the approval of both the Lok Sabha and the Rajya Sabha.
However, a money bill can be introduced only in the Lok Sabha, and the Rajya Sabha cannot amend or reject such bills. The Rajya Sabha can suggest amendments, but it is up to the Lok Sabha to accept or reject them.
In the event that a dispute arises over whether a bill is a money bill or not, the Lok Sabha Speaker’s decision on the issue shall be considered final.

WAS THE PASSAGE OF THE AADHAAR ACT AS A MONEY BILL LAWFUL?

The first major challenge about whether a bill qualified as a money bill under the Constitution was in the Aadhaar case.
In K.S. Puttaswamy v. Union of India (2018), the Supreme Court upheld the constitutionality of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016.
It was done by a 4:1 majority and stated that no illegality was committed by passing the Aadhaar Bill as a money bill in the Parliament. However, Justice Chandrachud, had dissented.

The majority opinion:

It reasoned that the main objective of the legislation is to extend benefits in the nature of aid, grant, or subsidy to the marginalised sections of society with the support of the Consolidated Fund of India.
Therefore, the Act fell within the ambit of Article 110 (1)(e) of the Constitution (expenditure charged to the consolidated fund) and was validly passed as a money bill.
It was highlighted that the other provisions are only “incidental” in nature for the proper working of the Act.
Notably, the concurring opinion by Justice Bhushan affirmed that the matter is subject to future judicial review.

The Dissenting opinion:

It criticised the government for passing the Act as a money bill and pointed out an important word in provision (i) of Article 110 “only,” followed by a list of matters connected to taxation and expenditure from the Consolidated Fund of India.
In light of this, he dismissed the argument that since the Aadhar Act involved extending grants from the Consolidated Fund, it should qualify as a money bill.
In his view, such a contention would allow just about anything to be passed as a money bill . The dissent also underscored that superseding the authority of the Rajya Sabha is in conflict with the constitutional scheme and the legitimacy of democratic institutions.

WHY WAS A REFERENCE TO A LARGER BENCH MADE?

In Roger Mathew v. Union of India (2019), a five-judge Constitution Bench headed by then CJI Ranjan Gogoi struck down an amendment to the 2017 Finance Act, passed as a money bill, that altered the structure and functioning of various tribunals.
The Bench noted that majority did not substantially discuss the effect of the word “only” in Article 110(1) in Puttaswamy case. Also, the Puttaswamy case did not examine the repercussions of a finding when some of the provisions of an enactment passed as a “money bill” do not conform to Article 110(1)(a) to (g). Therefore, the Bench asked for the question to be put before a larger bench of the Supreme Court

PMLA verdict

In 2015, 2016, 2018, and 2019, amendments to Prevention of Money Laundering Act, 2002 related to bail and classification of offences were made through the Finance Act. Finance Bills passed during the budget are introduced as money bills.
Petitions thereafter filed in the Supreme Court contended that the passage of such amendments as money bills was in violation of Article 110.
In July 2022, a three-judge Bench upheld key provisions of the PMLA which conferred extensive powers upon the Enforcement Directorate (ED) but left it open for a seven-judge Bench to decide whether these amendments could have been passed through the money bill route.

POTENTIAL IMPACTS

Could invalidate crucial laws: The final outcome of this seven-judge Bench reference could potentially invalidate crucial laws passed in the past and penalise the government for its legislative approach.
Issue can be raised on the functioning of both houses: The Lok Sabha enjoys a more popular mandate than the Rajya Sabha. However, the framers of the Constitution ensured that a certain role was carved out for the Rajya Sabha as an institution in a constitutional democracy. This shall be the epicentre of the discussion surrounding this reference.

THE CONCLUSION: With formation of larger constitutional bench, the earlier judgment requires reconsideration of the previous laws and effective judgement needs to ensured for resolving the ambiguities.

PREVIOUS YEAR QUESTIONS

Q.1 Rajya Sabha has been transformed from a ‘useless stepney tyre’ to the most useful supporting organ in past few decades. Highlight the factors as well as the areas in which this transformation could be visible. (2020)

Q.2 “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.1 The Puttaswamy case was virtually a test case of a Bill that could not be categorized as a Money Bill.

SOURCE: https://www.thehindu.com/news/national/the-money-bill-conundrum-seven-judge-constitution-bench-to-revisit-issue-explained/article67393266.ece

THE STATE OF INDIA’S SCHEDULED AREAS

THE CONTEXT: Despite persistent demands by Adivasi organisations, villages have been left out in the 10 States with Scheduled Areas and in other States with ST populations. As a result, 59% of India’s STs remain outside the purview of Article 244. In this regard, there is a need to look into the current state of India’s scheduled areas.

WHAT ARE SCHEDULED AREAS AND HOW ARE THEY IDENTIFIED?

India has 705 Scheduled Tribe (ST) communities making up 8.6% of the country’s population that live in 26 States and six Union Territories.
Scheduled Areas cover 11.3% of India’s land area, and have been notified in 10 States: Andhra Pradesh, Telangana, Odisha, Jharkhand, Chhattisgarh, Madhya Pradesh, Rajasthan, Gujarat, Maharashtra, and Himachal Pradesh.
Though, Neither the Constitution nor any law provides any criteria to identify Scheduled Areas. Guiding norms for declaring an area as a scheduled area: It is based on the 1961 Dhebar Commission Report:

Preponderance of tribal population
Compactness and reasonable size of the area
A viable administrative entity such as a district, block or taluk
Economic backwardness of the area relative to neighbouring areas

No law prescribes the minimum percentage of STs in such an area nor a cut-off date for its identification.
Bhuria Committee recognised a hamlet or a group of hamlets managing its own affairs to be the basic unit of self-governance in Scheduled Areas. It also noted that the most resource-rich tribal-inhabited areas have been divided up by administrative boundaries, which led to their isolation and arbitrary politico-administrative decisions in these areas.
PESA Act resolved this issue and defined a ‘village’ as ordinarily consisting of a hamlet or a group of hamlets comprising a community and managing its affairs in accordance with traditions and customs. All those “whose names are included in the electoral rolls” in such a village constituted the gram sabha.
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 adopted this definition. Here, too, the gram sabhas are the statutory authority to govern the forests under their jurisdiction. As a result, the definition of a village expanded beyond the Scheduled Areas to include forest fringes and forest villages as well.

HOW ARE SCHEDULED AREAS GOVERNED?

Administration of Scheduled and Tribal Areas is mentioned under Article 244.

Article 244(1) provides for the application of Fifth Schedule provisions to Scheduled Areas notified in any State other than Assam, Meghalaya, Tripura, and Mizoram.
Article 244(2) provides for application of Sixth Schedule applies to Assam, Meghalaya, Tripura, and Mizoram.

India’s Scheduled Areas are governed by the President of India.
Tribal Advisory Council: States with Scheduled Areas need to constitute a Tribal Advisory Council with up to 20 ST members. They will advise the Governor on matters referred to them regarding ST welfare. The Governor will then submit a report every year to the President regarding the administration of Scheduled Areas.

Powers of Governor:

The national government can give directions to the State regarding the administration of Scheduled Areas.
The Governor can repeal or amend any law enacted by Parliament and the State Legislative Assembly in its application to the Scheduled Area of that State.
The Governor can also make regulations for a Scheduled Area, especially to prohibit or restrict the transfer of tribal land by or among members of the STs, and regulate the allotment of land to STs and money-lending to STs.

Panchayats (Extension to Scheduled Areas) Act, 1996:

It came into existence after a recommendation in 1995. It gives special powers to the Gram Sabhas in Scheduled Areas with an advisory role to state legislatures.
The main rationale behind the Act is to preserve the tribal population from exploitation and management of natural resources with an active involvement of the Gram Sabha.
PESA empowered the gram sabhas to exercise substantial authority through direct democracy, and stated that structures “at the higher level do not assume the powers and authority” of the gram sabha.

WHO DECIDES A SCHEDULED AREA?

The Fifth Schedule confers powers exclusively on the President to declare any area to be a Scheduled Area.
In 2006, the Supreme Court held that “the identification of Scheduled Areas is an executive function” and that it doesn’t “possess the expertise to scrutinise the empirical basis of the same”.

ISSUES WITH THE IDENTIFICATION OF SCHEDULED AREAS

Non-implementation of Bhuria Commission: Scheduled Areas and Scheduled Tribes Commission or Bhuria Commission 2002 had recommended that “all revenue villages with 40% and more tribal population according to the 1951 Census may be considered as Scheduled Area on merit”. But this has not been implemented yet.
Exclusion of villages: Villages have been excluded out in the 10 States with Scheduled Areas and in other States with ST populations. As a result, 59% of India’s STs remain outside the purview of Article 244. Compactness of area in guiding norms of declaration of scheduled areas is that it needs to be in contiguity and if it is not it will be left out.
Absence of suitable law for demarcation of boundaries: The definition of a village expanded beyond the Scheduled Areas to include forest fringes and forest villages as well. However, gram sabhas are yet to demarcate their traditional or customary boundaries on revenue lands in the absence of a suitable law.
Denial of rights: Exclusion leads to denial of rights under the laws applicable to Scheduled Areas, including the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 and the Biological Diversity Act 2002.
Issues in power of Governor: Despite having special power and authority regarding administration of scheduled areas governor has remained powerless except in Maharashtra from 2014 to 2020.

THE WAY FORWARD

Inclusion of tribal population: There is need for inclusion of tribal by notification of the all habitations or groups of habitations outside Scheduled Areas in all States and Union Territories where STs are the largest social group as Scheduled Areas irrespective of their contiguity. The geographical limits of the revenue village, panchayat, taluka, and district will need to be redrawn in this respect.
Decentralisation of administration: There is a need for decentralisation of administration by giving power to local governments and communities with formulation of special laws for better governance.
Conflict Resolution: There is a conflict of natural resource and governance issues in the scheduled areas which needs proper attention and resolution with the help of coordination of stakeholders.
Strengthening of PESA: There are partial Implementation of PESA in various areas which is leading to administrative hurdles. PESA Act needs to be strengthened for self-governance of the area by giving more autonomy to Gram Sabha.

THE CONCLUSION

Scheduled areas comprises one of the most vulnerable population, which cannot be administered without special attention and suitable laws for administration. Therefore, it is the responsibility of the government to make special efforts needed to improve their condition.

PREVIOUS YEAR QUESTIONS

Q.1 Assess the importance of the Panchayat system in India as a part of local government. Apart from government grants, what sources the Panchayats can look out for financing developmental projects? (2018)

Q.2 In the absence of a well-educated and organized local-level government system, `Panchayats’ and ‘Samitis’ have remained mainly political institutions and not effective instruments of governance. Critically discuss. (2015)

MAINS PRACTICE QUESTIONS

Q.1 What are Scheduled areas and how are they governed? Has the PESA act been enforced in letter and spirit for administrative efficiency in the scheduled areas?

Q.2 The recent exclusion of villages from scheduled areas indicates the loopholes in the laws for the identification of these areas. In this respect, analyse the criteria for identification of scheduled areas and related issues and suggest measures.

SOURCE:https://epaper.thehindu.com/ccidistws/th/th_delhi/issues/55092/OPS/GMMBRU47V.1+GNJBRV1E8.1.html

THE SILENCE AROUND THE STATE’S SEIZURE OF INDIA’S PRESS

THE CONTEXT

Recent actions against journalists from the online portal NewsClick indicate that India is facing a lack of digital data protection, and even the judiciary is not acting against the injustices.

ISSUES RAISED

Seizure of assets: There arises concerns related to seizure of assets even without warrants, fearing heightened risks such as physical assaults or prosecution under an unrelated charge. A report noted that by May 2023, 44 media entities and journalists faced scrutiny from investigative and tax agencies over the previous five years.
Executive aggressive action: The Union executive is taking aggressive actions against NewsClick, accusing staff of terrorism, reflecting a wider issue of interference by the executive. The only safeguard comes from technological precautions such as encrypted messaging apps, but even this is breached by forcing to unlock smartphones, which leads to investigatory oppression.

India’s press ranking in the international arena: India ranks 161 out of 180 countries in the World Press Freedom Index which reflects the worst place of India in press freedom in world.
Judiciary issue: Apart from fear of prosecution, journalists are feeling hopelessness as there is absence of corrective action by the judiciary.
Outdated laws: In the age of instant messaging and cloud storage, the Code of Criminal Procedure is still rooted in oldest times which guides India’s criminal justice process. This approach not only ignores the invasiveness of modern technological advances but also struggles to uphold democratic rights within the Constitution of India.
Issue of privacy: Police and Magistrates issue warrants, and misuse is done under acts as PMLA and Income tax, which clash with rights to privacy and protection against self-incrimination. With the Lokniti-CSDS-Common Cause ‘Status of Policing in India’ report shows that 47% believe that the police can access their phones without consent.

DETENTION PROVISIONS IN CONSTITUTION

Article 22(3) (b): It allows for the preventive detention and puts restriction on personal liberty for ensuring state security and public order.
Article 22(4): It states that no law providing for preventive detention shall authorize the detention of a person for a period longer than three months. In case of extended extension, a report by the advisory board is required for sufficient cause.

DIGITAL PERSONAL DATA REGULATION

IT Amendment Act,2008: Existing Privacy Provisions in India have some privacy provisions in place under the IT (Amendment) Act, 2008. However, these provisions are largely specific and restrictive to certain situations.
Justice K. S. Puttaswamy (Retd) vs Union of India 2017: In August 2017, a nine-judge bench of the Supreme Court in Justice K. S. Puttaswamy (Retd) Vs Union of India unanimously held that Indians have a constitutionally protected fundamental right to privacy that is an intrinsic part of life and liberty under Article 21.
Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021: IT Rules (2021) mandate social media platforms to exercise greater diligence with respect to the content on their platforms.
Digital Personal Data Protection Act, 2023: DPDP Act aims to establish a higher level of accountability for entities operating within India involved in the collection, storage, and processing of citizen’s data. With a strong emphasis on the “Right to Privacy,” this legislation seeks to ensure that these entities operate transparently and are answerable when it comes to handling personal data.

THE WAY FORWARD

Reform the current policing methods: There is need to explore current policing methods and their clash with fundamental rights to ensure that
Proactive judiciary: It requires the Supreme Court of India to take lesson from Justice H.R. Khanna’s dissent to act with judicial courage for ensuring justice. Higher judiciary needs to act without fear or favour to uphold the freedom of press.
Ensuring press freedom: Our nation seems to be passing through the phase of digital authoritarianism and thus press freedom needs to be ensured. As, only free journalism can act as a check to maintain India’s constitutional framework.

THE CONCLUSION

Such seizures of assets is clearly an act against fundamental rights of the citizen and curb on free media. There is a need to ensure proper regulation of digital data protection to ensure transparency and accountability.

PREVIOUS YEAR QUESTIONS

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 QUESTION

Q.1 Critically examine the view that loopholes in the digital data protection regime and high handedness of the investigating agencies in seizure of digital assets of individuals reflect digital authoritarianism in the country.

Note: Please refer to 5^th October and 9^th October Mains Focus for more on this news.

SOURCE: https://www.thehindu.com/opinion/lead/the-silence-around-the-states-seizure-of-indias-press/article67400634.ece