Sustainable Path to Net-Zero for India
- 19 Nov 2024
In News:
India's commitment to achieving net-zero carbon emissions by 2070 presents a significant challenge, with only 45 years remaining to reach this ambitious target. The path to net-zero requires a balancing act between economic development, energy security, and climate adaptation. India’s efforts to meet its climate goals will be shaped by multiple factors, including resource constraints, land use, and financial limitations.
Why Net-Zero at All?
- Scientific Consensus on Climate Change
- Climate change is a growing concern, with the global temperature rise already reaching 1.1°C above pre-industrial levels.
- To avoid catastrophic impacts, the world needs to limit the temperature rise to 1.5°C. The remaining global carbon budget for this target is around 400-500 billion tonnes of CO?.
- Necessity of Sharp Emission Reductions
- Countries must drastically reduce emissions to stay within the carbon budget. Achieving net-zero emissions is essential for maintaining global climate stability.
Equity in Net-Zero Transitions
- Developed vs. Developing Countries
- Developed nations, historically responsible for a large share of emissions, are expected to lead the transition. However, they have not met the financial and technological support commitments for developing countries.
- Developing nations like India, with low per capita emissions, are under pressure to balance climate action with economic development.
- Climate Justice
- India’s per capita emissions are among the lowest globally, but the richest 10% of Indians contribute significantly to national emissions, exacerbating inequality.
- The impacts of climate change disproportionately affect the economically weaker sections, making the transition to net-zero not only an environmental challenge but a social justice issue as well.
The Challenge of Balancing Development and Sustainability
- Limits of India’s Resources
- India faces resource constraints, including land, water, and biodiversity, which limit the feasible expansion of renewable energy capacity.
- Meeting energy demands while ensuring food security, forest cover, and biodiversity preservation becomes increasingly challenging as energy requirements rise.
- Sustainable Consumption vs. Aspirational Lifestyles
- India’s aspiration to emulate the developed world’s lifestyle is unsustainable due to limited resources, which could lead to severe consequences like groundwater depletion, heat stress, and biodiversity loss.
- The focus should be on sufficiency consumption corridors, ensuring that consumption meets developmental goals without exceeding sustainable limits.
Projected Power Demand and Renewable Energy Targets
- Rising Power Demand
- India’s power demand could increase nine to ten-fold by 2070. Meeting this demand entirely via renewable energy requires significant expansion in energy generation capacity:
- 5,500 GW of solar energy
- 1,500 GW of wind energy
- India’s power demand could increase nine to ten-fold by 2070. Meeting this demand entirely via renewable energy requires significant expansion in energy generation capacity:
- Land Use Constraints
- To meet these targets, India must address land-use trade-offs. Expanding beyond 3,500 GW of solar and 900 GW of wind would require significant compromises in land availability for other uses, including agriculture and conservation.
Strategic Pathways to Net-Zero: Demand and Supply Measures
- Demand-Side Measures
- Energy-efficient construction: Use of better materials and passive designs to reduce cooling energy demand.
- Urban transport: Shift to public and non-motorized transport to reduce energy consumption in cities.
- Dietary choices: Promoting sustainable dietary practices to reduce the carbon footprint of food systems.
- Electrification: Focus on alternative fuels and energy-efficient appliances.
- Supply-Side Measures
- Decentralization of Energy Production: Expanding rooftop solar panels and solar pumps for agriculture.
- Nuclear Power Expansion: Increase nuclear energy to provide a low-carbon baseload and complement renewable sources like solar and wind, which are intermittent.
The Role of International Cooperation and Financial Support
- Global Cooperation
- Global climate action requires alignment between national interests, which may not always coincide, as seen in the context of the U.S. presidential election potentially influencing global climate policy.
- India’s path to net-zero depends heavily on international climate financing, technology transfer, and collaborative efforts to address climate justice.
- Equitable Financing for Developing Countries
- Developed countries are expected to provide financial support to developing nations like India to achieve climate goals. However, this support has been insufficient to date.
Conclusion: India’s Balancing Act
India faces a challenging balancing act as it seeks to provide quality of life for its growing population while achieving its climate adaptation and mitigation goals. The path to net-zero will require careful management of economic growth, energy production, and resource conservation. India must focus on demand-side strategies to reduce energy consumption and increase efficiency while expanding renewable energy infrastructure in a sustainable manner. Additionally, international cooperation and financial support will be crucial in ensuring that India’s transition to net-zero is equitable, efficient, and aligned with its developmental priorities.
Andhra Pradesh's Natural Farming Model
- 18 Nov 2024
In News:
Andhra Pradesh's (AP) natural farming model presents a transformative opportunity to reshape the state’s agricultural landscape by 2050. An analysis by the Food and Agriculture Organization (FAO), in collaboration with the AP government, reveals how scaling natural farming could employ more farmers, increase incomes, and foster sustainable agricultural practices, potentially surpassing the benefits of conventional industrial agriculture.
AgroEco2050: Exploring Two Agricultural Futures
The AgroEco2050 initiative aimed to envision two possible futures for Andhra Pradesh’s agricultural systems by 2050:
- Industrial Agriculture Path: Focusing on intensification of conventional farming, relying heavily on chemicals, machinery, and monocultures.
- Natural Farming Path: Expanding agroecological practices, relying on regenerative, chemical-free farming methods to create more jobs, better livelihoods, and improve the environment.
The study compared these pathways, analyzing their impacts on employment, income, food production, biodiversity, and land use.
Key Findings: Natural Farming’s Impact on Employment and Income
- Employment Growth
- By 2050, natural farming would employ twice as many farmers as industrial agriculture: 10 million compared to 5 million.
- Unemployment in natural farming would decrease to 7%, in stark contrast to a projected 30% unemployment rate in the industrial agriculture scenario.
- Farmer Income
- Natural farming is expected to be more profitable for farmers due to lower input costs (seeds, fertilizers, machinery) and higher market prices for high-quality produce.
- The income gap between farmers and non-farmers, which stood at 62% in 2019, would decrease to 22% under natural farming by 2050, a sharp improvement compared to the 47% gap predicted under industrial agriculture.
What is Natural Farming?
Natural farming is an ecological, chemical-free farming system that emphasizes the use of locally available resources. Key practices include:
- Biodiversity-based pest management
- On-farm biomass recycling (e.g., mulching)
- Indigenous techniques like using cow dung and urine for soil fertility.
Globally recognized as a form of regenerative agriculture, it offers a sustainable alternative to industrial agriculture by sequestering carbon and restoring soil health.
Global Adoption
States like Andhra Pradesh, Karnataka, Himachal Pradesh, and others are already adopting natural farming. While still evolving, its acceptance among farmers is steadily growing.
Zero Budget Natural Farming (ZBNF) in Andhra Pradesh
Origin and Growth
- In 2016, Andhra Pradesh launched the Zero Budget Natural Farming (ZBNF) initiative to offer a sustainable alternative to capital-intensive agriculture.
- This program, implemented by RythuSadhikaraSamstha, targets covering 6 million farmers across 6 million hectares.
National Recognition
The ZBNF approach gained national attention when it was featured in the 2019 Union Budget, aimed at doubling farmers' incomes by 2022. The central government now promotes this model under the Paramparagat Krishi Vikas Yojana (PKVY).
Challenges in Scaling Natural Farming
- Farmer Training and Support
- Farmers need ongoing education and support to transition effectively to natural farming. Current training systems often fail to address the full scope of their needs.
- Certification Barriers
- The certification process for organic farming, including Participatory Guarantee Systems (PGS) and third-party certifications, is complex and costly, presenting a barrier for small-scale farmers.
- Marketing and Procurement Challenges
- There is a lack of effective marketing systems for organic products, which hampers the ability of farmers to sell their produce at fair prices.
- Without strong procurement or buy-back systems, farmers may struggle to find markets for their products.
- Policy and Funding Gaps
- Organic and natural farming programs still receive minimal funding compared to subsidies for chemical fertilizers, impeding large-scale adoption.
- Slow state-level implementation and a continued reliance on chemical inputs also delay the widespread shift to natural farming.
Moving Forward
- Scientific Research on Yields
- To address concerns about lower yields for staple crops, more scientific research is needed to assess the long-term viability of natural farming, especially for crops like wheat and rice, which are crucial for India’s food security.
- Localized Adoption
- Natural farming may be best suited for non-staple crops or localized farming, balancing sustainability with the need for food security.
- Risk Mitigation for Food Security
- Careful evaluation of natural farming’s impact on staple crop yields is necessary to avoid the food security risks witnessed in countries like Sri Lanka, where a sudden shift to organic farming led to reduced yields and increased prices.
Conclusion
The Andhra Pradesh natural farming model offers a promising alternative to industrial agriculture, with the potential to create jobs, improve farmers' incomes, and promote environmental sustainability. However, for this vision to become a reality, significant efforts must be made to address challenges related to training, certification, marketing, and funding. With continued research, policy support, and community involvement, natural farming can play a crucial role in feeding the future and promoting a more sustainable agricultural system.
Khap Panchayats: Evolving Towards Modern Governance and Justice
- 17 Nov 2024
Why in the News?
Khap Panchayats have attracted attention due to their evolving role in addressing key socio-economic issues like unemployment, education, and rural development. Modernization efforts are underway to regulate these traditional councils, integrating them into formal Alternative Dispute Resolution (ADR) systems for better governance, accountability, and social justice.
What are Khap Panchayats?
Definition and Origin:
Khap Panchayats are community-based councils primarily found in North India, particularly in Haryana, Uttar Pradesh, and parts of Rajasthan. These informal bodies, composed of elders from kinship groups (Khaps), have historically served as local governance bodies that resolve disputes within their communities. Their origins trace back centuries and they function alongside formal legal systems, often prioritizing customary norms over constitutional law.
Historical Role:
Historically, Khap Panchayats have maintained social order in rural areas, acting as forums for dispute resolution related to marriage, property, and community matters. While their decisions were respected within their communities, they operated parallel to formal courts, and their influence was often seen as a stabilizing force in rural society. However, their structure has also contributed to the perpetuation of patriarchal practices and social exclusion.
Issues with Khap Panchayats
- Patriarchal Practices:Khap Panchayats have often been associated with gender inequality. They enforce rigid social norms that limit women's autonomy, particularly in matrimonial matters, inheritance rights, and personal freedoms. This has led to criticism for their role in suppressing women's rights.
- Honor Killings and Social Conservatism:Khap Panchayats are notorious for opposing inter-caste and same-gotra marriages, at times even endorsing honor killings to preserve social order. Such practices are violations of fundamental rights and personal freedoms guaranteed by the Indian Constitution.
- Legality Concerns:The decisions of Khap Panchayats often clash with constitutional values such as equality, personal liberty, and dignity. Their informal judgments lack legal validity and frequently violate the rule of law, raising significant concerns about their adherence to India’s legal framework.
- Caste-based Discrimination:Khap Panchayats have been criticized for reinforcing caste hierarchies, which leads to discrimination and exclusion of marginalized communities. Their focus on preserving traditional caste structures often results in the oppression of the vulnerable, particularly lower-caste groups.
Gender Dynamics and Evolving Roles of Khap Panchayats
In recent years, some Khap Panchayats have started to show more progressive and inclusive stances, particularly in promoting gender justice:
- Support for Women Athletes:Khap Panchayats have begun to recognize and celebrate the achievements of women, particularly in sports. Several Khap bodies have felicitated women sportspersons, contributing to a growing culture of sports among rural women. This marks a shift from their traditionally patriarchal stance.
- Promoting Gender Justice:Notably, the MehamChaubisiKhap in Haryana has played a significant role in advocating for women’s rights and gender equality. It was involved in supporting the 2023 wrestlers' protest against sexual harassment, demonstrating a shift towards gender-related activism and social reform.
Supreme Court Ruling on Khap Panchayats:
In the landmark Shakti Vahini v. Union of India case (2018), the Supreme Court of India addressed the issue of honor killings and inter-caste marriages. The Court emphasized that honor killings violate fundamental rights and called for strict measures to prevent such crimes. The Court further directed state governments to establish special protection cells for couples facing threats from their families and communities. This ruling underscored the importance of personal liberty and freedom of choice, regardless of community or caste.
What is Alternative Dispute Resolution (ADR)?
Definition and Importance:
Alternative Dispute Resolution (ADR) refers to methods of resolving disputes without resorting to formal litigation. These methods include mediation, arbitration, and conciliation, all of which encourage cooperative problem-solving and mutually agreeable solutions. ADR is particularly important in India due to the overburdened judicial system, which faces a backlog of cases and delays.
ADR offers several advantages, including:
- Cost-effectiveness
- Confidentiality
- Flexibility
- Improved relationships between parties involved
Types of ADR Mechanisms:
- Arbitration: A formal process where an arbitrator resolves disputes and their decision is legally binding.
- Conciliation: A third-party neutral assists the parties in reaching an agreement, and the recommendations can be accepted or rejected.
- Mediation: A mediator facilitates communication between disputing parties, helping them reach a voluntary and mutually agreeable resolution.
- Negotiation: A direct negotiation between the parties without third-party involvement, aiming for a mutually acceptable settlement.
Integrating Khap Panchayats into the Formal ADR System
Given the potential of Khap Panchayats as community-based governance bodies, integrating them into the formal ADR framework can significantly enhance their role in dispute resolution. Here are some strategies for modernizing Khap Panchayats:
- Legal Recognition of ADR Role:Khap Panchayats can be legally recognized within the ADR framework, formalizing their role in mediation and dispute resolution, ensuring their decisions align with constitutional norms and human rights.
- Training and Capacity Building:Khap leaders can undergo training in ADR techniques such as mediation and arbitration, equipping them with skills to resolve conflicts impartially and in line with legal standards. This would help transition Khaps from informal bodies to more structured and legally compliant dispute resolution mechanisms.
- Legal Regulation and Oversight:Regulations can be put in place to define the scope and limitations of Khap Panchayats' authority, ensuring their decisions do not violate human rights or the constitution. Oversight mechanisms should be established to monitor their actions and prevent practices like honor killings or forced marriages.
- Shift Towards Developmental Roles:Some Khap Panchayats are already advocating for progressive reforms in areas like unemployment, education, and rural development. By focusing on these issues, Khap Panchayats can serve as agents of social change and contribute to community development.
- Awareness and Accountability:Awareness campaigns can educate rural communities about constitutional rights and the legal system, emphasizing the importance of formal legal frameworks and human rights. At the same time, Khap Panchayats should be held accountable for actions that undermine justice or equality.
- Collaboration with Formal Institutions:Khap Panchayats can collaborate with local governance bodies and judicial institutions, ensuring that their decisions align with the rule of law and contribute to social justice. This would enhance their role in inclusive decision-making and legally sound governance.
Conclusion
Khap Panchayats, with their deep-rooted history and influence, have the potential to evolve into modern governance institutions. By integrating them into the formal ADR framework, aligning their practices with constitutional values, and focusing on community development, they can contribute positively to dispute resolution and social reform in rural India. This transformation will require legal regulation, training, oversight, and awareness to ensure that Khap Panchayats function as effective, equitable bodies that respect the fundamental rights of all individuals.
Net Borrowing Ceiling
- 16 Nov 2024
In News:
- In 2023, the central government imposed a Net Borrowing Ceiling (NBC) on Kerala, limiting its borrowing capacity to 3% of the projected Gross State Domestic Product (GSDP) for the fiscal year 2023-24.
- Impact on Kerala’s Finances: This ceiling has significantly impacted Kerala’s ability to meet its expenditure needs and fund developmental activities, triggering political and legal disputes. Kerala has approached the Supreme Court of India, arguing that the imposition of NBC infringes upon its constitutional rights under Article 293 of the Indian Constitution.
Constitutional Provisions on Borrowing Powers
Article 292: Borrowing Powers of the Centre
- Central Government’s Borrowing: Article 292 grants the Central Government the authority to borrow money on the security of the Consolidated Fund of India.
- Limits on Borrowing: The extent of borrowing by the Centre is determined by laws enacted by Parliament.
Article 293: Borrowing Powers of the States
- State Borrowing: Article 293 allows State Governments to borrow within India against the Consolidated Fund of the State. However, it imposes certain conditions:
- If a State has outstanding loans or guarantees given by the Centre, the Centre’s consent is required to raise further loans.
- The Central government can impose conditions when granting such consent.
Centre’s Role in State Borrowing
- Article 293(3) allows the Centre to impose conditions on a state’s borrowing if it has existing liabilities or guarantees outstanding.
- The Centre has wide discretion in granting or denying consent, which has been a point of contention in Kerala’s case.
The Imposition of Net Borrowing Ceiling (NBC)
Scope of the NBC
- Comprehensive Coverage: The NBC encompasses all borrowing avenues, including open market loans, loans from financial institutions, and liabilities from State public accounts. To curb circumventing of the borrowing cap via State-owned enterprises, the NBC also covers borrowings by these entities.
Purpose of NBC
- Fiscal Discipline: The NBC is designed to regulate borrowing and prevent states from accumulating unsustainable levels of debt, thus ensuring financial stability.
- Transparency: By including all borrowing avenues, including off-budget borrowings by state-owned enterprises, the NBC aims to provide a clearer picture of a state’s financial health.
Arguments for the NBC
- Macroeconomic Stability: The NBC helps maintain macroeconomic stability by controlling the borrowing levels of states, thus protecting the national economy.
- Compliance with FRBM Act: The NBC aligns with the Fiscal Responsibility and Budget Management (FRBM) Act, aiming to keep the fiscal deficit within prescribed limits.
- Equitable Resource Distribution: The NBC ensures that wealthier states do not disproportionately borrow, thus promoting balanced regional development.
Arguments Against the NBC
- Erosion of Fiscal Autonomy: Critics argue that the NBC undermines the fiscal autonomy of states, as guaranteed by Article 293, by restricting their ability to make independent financial decisions.
- Impact on Developmental Activities: States, particularly Kerala, contend that the borrowing cap restricts their ability to fund key infrastructure projects and social welfare activities.
- Legal Concerns: The NBC’s impact on the interpretation of Article 293 raises legal questions regarding the extent of the Centre’s authority over state borrowing powers.
Fiscal Responsibility and Budget Management (FRBM) Act
Overview of the FRBM Act
- Objective: The FRBM Act, 2003 was enacted to promote fiscal discipline and ensure long-term financial stability in India.
- Key Features:
- Targets a 3% fiscal deficit of GDP for the Centre.
- Requires states to enact similar laws to control their fiscal deficit.
Amendments to FRBM Act
- 2018 Amendment: The FRBM Amendment Act required the central government to ensure that the fiscal deficit did not exceed 3% of GDP and total public debt remained under 60% of GDP.
- Fiscal Deficit Reduction: By 2025-26, the fiscal deficit is expected to be reduced to below 4.5% of GDP.
Way Forward: Strengthening Article 293
Guidelines for Borrowing Powers
- Transparency in Decision-Making: The Centre should ensure that the borrowing process is transparent, with clear standards and procedures for accepting or rejecting state borrowings.
- Consultative Process: The Centre should engage in consultations with states before imposing borrowing caps or conditions, fostering a cooperative federal structure.
- Equitable Treatment: Borrowing restrictions should apply uniformly to all states to avoid bias or favoritism.
Strengthening Fiscal Federalism
- Fiscal Autonomy: States should be given the flexibility to manage their finances in a way that reflects their unique economic needs and challenges.
- Periodic Reviews: The Net Borrowing Ceiling should be reviewed periodically to account for changing economic conditions and developmental priorities.
The Need for More Women in Politics
- 15 Nov 2024
In News:
India, the world's largest democracy, is at a crucial juncture where women’s active political participation is essential for holistic development and true democratic engagement. The year 2024 demands increased involvement of women in politics to address issues of gender inequality and ensure comprehensive policy representation.
Current Status of Women’s Political Representation in India
Women in Parliament
- Initial Representation: In 1952, women accounted for only 4.41% of the Lok Sabha. This gradually rose to around 14.36% in the 2019 elections.
- Recent Trends: In the 2024 elections, women made up approximately 16% of the Lok Sabha, with 74 women MPs, 43 of whom are first-time representatives.
Women in State Legislatures
- Representation in state legislative assemblies remains low, with the highest percentages in Chhattisgarh (14.4%), West Bengal (13.7%), and Jharkhand (12.4%).
Global Comparison
- According to the Inter-Parliamentary Union (IPU), India ranks lower than many countries in terms of female representation in parliament, with global averages standing at 26.1%. India lags behind several African and South Asian nations.
Importance of Women’s Political Empowerment
- Enhancing Governance and Accountability: Political empowerment of women ensures better representation of gender-sensitive issues, promoting accountability in governance.
- Breaking Patriarchal Norms: Increasing women’s participation helps challenge the patriarchal structure that dominates Indian politics and promotes inclusive governance.
- Policy and Social Impact: Women in politics are more likely to advocate for policies that address issues like health, education, and gender equality, leading to improved societal welfare.
- Economic Benefits: Studies suggest that women in political leadership tend to improve economic outcomes for their constituencies by prioritizing social infrastructure.
Barriers to Women’s Political Participation
- Gender Gaps in Political Ambition: Women are less likely to pursue political careers due to gender conditioning, family pressures, and stereotypes about leadership abilities.
- Patriarchal Culture: A deeply ingrained patriarchal society hampers women’s political involvement, with male-dominated party structures and social norms limiting opportunities.
- High Election Costs: The financial burden of running for office often discourages women from contesting elections due to unequal access to resources.
- Male Gatekeepers in Politics: Political parties often show a preference for male candidates, especially for higher-profile positions, hindering the rise of women leaders.
- Criminalisation and Corruption in Politics: Growing criminalisation in politics and lack of political education further alienates women from the political process.
Key Legislative and Constitutional Measures for Women’s Political Empowerment
Legislative Measures
- Nari Shakti VandanAdhiniyam (2023): Provides 33% reservation for women in the Lok Sabha and state assemblies.
- 73rd and 74th Amendments (1992): Introduced 33% reservation for women in Panchayats and Municipalities.
- Gender-Neutral Rules: Lok Sabha adopted gender-neutral rules in 2014, promoting inclusivity in legislative procedures.
Constitutional Provisions
- Article 14 and 15: Ensure equality and non-discrimination, fundamental to women’s political participation.
- Article 243D: Mandates 33% reservation for women in Panchayats.
International Commitments
- CEDAW (1979): Advocates for women’s participation in political and public life.
- Beijing Platform (1995) and SDGs (2015): Call for removing barriers to women’s participation in politics.
Measures for Promoting Women’s Political Participation
- Quotas and Reservations: Ensuring mandatory quotas for women candidates in party tickets and legislative bodies can help bridge gender gaps.
- Capacity Building and Training: Offering political training programs for women can empower them with the skills and resources necessary for effective political participation.
- Strengthening Grassroots Movements: Support for Self-Help Groups (SHGs) and Panchayati Raj Institutions (PRIs) can build leadership among women at the local level.
- Supportive Political Ecosystem: Political parties should be encouraged to nominate women for higher office positions, such as the Rajya Sabha or state legislative councils.
- Raising Public Awareness: Public awareness campaigns focusing on the importance of women in politics can shift societal attitudes and garner wider public support.
Conclusion:
As India moves forward, the active participation of women in politics is not merely a matter of equity but an essential building block for a vibrant, inclusive, and effective democracy. Through structural reforms, public awareness, and the promotion of female leadership, India can strengthen its democratic framework, ensuring that all citizens, regardless of gender, have an equal stake in shaping the nation's future.
Inter-State Council
- 14 Nov 2024
In News:
The Inter-State Council, which works for Centre-State and interstate coordination and cooperation, has been reconstituted with Prime Minister Narendra Modi as its chairman, all chief ministers and nine Union ministers as members and 13 Union ministers as permanent invitees.
About the Inter-State Council (ISC)
Formation of ISC
- Establishment: Created on May 28, 1990, through a Presidential Order following the recommendations of the Sarkaria Commission (1988).
- Headquarters: New Delhi.
- Meetings: The Council has convened 12 times since its formation.
Constitutional Provisions
- Not a Constitutional Body: It was established under Article 263 of the Constitution, making it a non-permanent advisory body.
- Role: Article 263 empowers the President to create the ISC for improving coordination between States and the Union.
Powers and Functions
- Investigate and Discuss: The ISC discusses subjects of common interest between the Centre and States.
- Recommendations: It recommends measures for better coordination and addressing inter-state issues.
- Deliberations: The ISC also deliberates on matters referred by the Chairman.
Composition of the ISC
- Chairperson: Prime Minister of India.
- Members:
- Chief Ministers of all States and Union Territories with legislative assemblies.
- Lieutenant Governors/Administrators of Union Territories without assemblies.
- 6 Union Cabinet Ministers nominated by the Prime Minister.
- Governors of States under President’s rule.
- Standing Committee:
- Chaired by the Union Home Minister.
- Includes 5 Union Cabinet Ministers and 9 Chief Ministers.
Functions and Role of the ISC
Role in Centre-State Cooperation
- Facilitates better coordination and cooperation between the Centre and States.
- Addressing disputes related to Centre-State and Inter-State relations.
Additional Functions
- Make Recommendations: Based on discussions, it recommends actions to align policies.
- Promote Social Legitimacy: Through consensus-driven decisions, ISC strengthens policy acceptance among states.
Key Bodies Related to Centre-State Relations
Zonal Councils
- Purpose: Promote interstate cooperation and coordination.
- Constitution: There are five Zonal Councils (Northern, Central, Eastern, Western, Southern) and a separate North Eastern Council established in 1972.
River Water Dispute Tribunals
- Function: Set up under the Inter-State River Water Disputes Act, 1956, these tribunals resolve disputes over river water sharing between States.
GST Council
- Constitution: Established under Article 279A, the GST Council is responsible for decisions related to GST implementation, ensuring cooperative federalism.
Chief Justice of India
- 13 Nov 2024
In News:
On November 11, 2024, Justice Sanjiv Khanna was sworn in as the 51st Chief Justice of India (CJI) at the Rashtrapati Bhavan, New Delhi, marking a significant milestone in the Indian judiciary. He succeeds Justice D.Y. Chandrachud, who retired on November 10, 2024. Justice Khanna's term as CJI will last until May 13, 2025.
Background of Justice Sanjiv Khanna
Early Life and Legal Career
- Legal Practice: Justice Khanna began his legal career in 1983 after completing his law degree from Delhi University. He practiced in the District Courts of Delhi and handled cases in constitutional law, taxation, arbitration, and environmental law.
- Career in Delhi High Court: He was appointed as an Additional Judge to the Delhi High Court in 2005 and became a Permanent Judge in 2006.
- Appointment to the Supreme Court: Justice Khanna was appointed as a Supreme Court Judge in January 2019, without having served as a Chief Justice of a State High Court, and superseding 32 senior High Court judges.
Key Judicial Rulings of Justice Sanjiv Khanna
Major Constitutional Bench Decisions
- Abrogation of Article 370: Justice Khanna was part of the Bench that upheld the abrogation of Article 370 of the Constitution, which revoked Jammu and Kashmir’s special status.
- Electoral Bonds Scheme: He also contributed to the ruling that struck down the 2018 Electoral Bonds scheme, raising questions about the transparency of political funding.
Support for EVMs
- Justice Khanna defended the use of Electronic Voting Machines (EVMs) and rejected calls to revert to paper ballots, emphasizing the need for technological progress and institutional trust.
Personal Liberty and Bail Decisions
- Arvind Kejriwal’s Interim Bail: Justice Khanna granted interim bail to Delhi Chief Minister Arvind Kejriwal in the liquor policy case, underscoring personal liberty as a fundamental right.
- Judicial Review of Bail Conditions: He also initiated discussions on setting standards for bail conditions in cases involving significant political figures.
Role of the Chief Justice of India (CJI)
Appointment Process
- Article 124(2): A Supreme Court judge is appointed by the President of India, with the senior-most judge of the Supreme Court traditionally becoming the CJI.
- Qualifications: The CJI must be a citizen of India and have served as a judge in a High Court for at least five years or as an advocate in a High Court for ten years.
Powers and Responsibilities
- Master of the Roster: The CJI is the "Master of the Roster," responsible for assigning cases to specific benches and determining the court's schedule.
- Collegium System: The CJI, along with four senior judges, forms the Collegium that recommends judicial appointments for the Supreme Court and High Courts.
- Ad-Hoc Appointments: The CJI can also appoint ad-hoc judges to the Supreme Court under Article 127 of the Constitution.
Removal
- A CJI can only be removed through a process initiated in Parliament, requiring a special majority in both Houses of Parliament.
Appointment of CJI in Other Countries
United States
- The Chief Justice of the United States serves for life, with tenure continuing until impeachment or voluntary retirement.
United Kingdom
- The Lord Chief Justice in the UK is appointed by a special panel from the Appeal Court or the Supreme Court. The tenure is life, but mandatory retirement is set at 75 years of age.
Conclusion
Justice Sanjiv Khanna’s appointment as the 51st Chief Justice of India represents a significant moment in the country's judicial history. With his extensive experience and legal acumen, he faces numerous challenges, from dealing with case pendency to navigating sensitive constitutional issues. His tenure will likely shape the future trajectory of the Indian judiciary, with a focus on upholding justice and personal liberty while addressing the evolving needs of a democratic society.
Significance of LignoSat
- 12 Nov 2024
Introduction
- LignoSat is the world's first satellite constructed with wood, developed to test the viability of using timber as a sustainable material in space exploration.
- Launched on November 5, 2024, the satellite was sent to the International Space Station (ISS) aboard a SpaceX Dragon cargo capsule and will be released into orbit after a month for a six-month test.
What is LignoSat?
- Dimensions: LignoSat measures 4 inches (10 cm) on each side and weighs 900 grams.
- Material Composition: The satellite features panels made from magnolia wood using traditional Japanese craftsmanship, without screws or glue.
- Development Collaboration: LignoSat was developed by Kyoto University and Sumitomo Forestry, in collaboration with various researchers and space organizations.
Purpose and Objectives of the Mission
- Testing Timber in Space:
- The primary goal is to study how wood performs in the extreme conditions of space, where temperatures fluctuate dramatically between -100°C to 100°C.
- The satellite will also assess how wood interacts with space radiation and its potential to reduce the impact of radiation on sensitive electronics, such as semiconductors.
- Space Sustainability:
- LignoSat aims to demonstrate that wood can be a sustainable, renewable alternative to metals (like aluminium) traditionally used in spacecraft construction.
- The satellite will help determine if wood can be used in future space missions, potentially reducing reliance on non-renewable materials.
Testing the Durability of Wood in Space
- Challenges of Space Environment:
- Space is an extremely harsh environment with extreme temperature variations, exposure to radiation, and the lack of water and oxygen, all of which affect material durability.
- Unlike Earth, where wood decomposes due to moisture and oxygen, space's vacuum conditions could potentially preserve the wood's integrity, providing valuable insights into its durability.
- Previous Use of Wood in Space:
- Wood has already been tested in space applications: cork has been used on spacecraft to withstand re-entry conditions.
- The LignoSat mission builds on this knowledge, aiming to test wood's performance in space's high-radiation and vacuum environment.
Potential Advantages of Using Wood in Space Exploration
- Sustainability and Environmental Benefits:
- Unlike conventional aluminium satellites, which generate harmful pollutants upon re-entry (e.g., aluminium oxides), LignoSat's wooden components will degrade in a more environmentally friendly manner, minimizing atmospheric pollution.
- As space exploration increases, particularly with mega-constellations (e.g., SpaceX’s Starlink), space debris management becomes critical. Using wood could reduce the environmental impact of satellite disposal.
- Renewable Resource:
- Wood is a renewable resource, which offers a potential solution to the growing demand for materials used in space technology.
- Kyoto University researchers have long been exploring the idea of building habitats on the Moon and Mars using timber, with LignoSat seen as a stepping stone to proving the material's space-grade capabilities.
LignoSat's Design and Construction
- Hybrid Construction:
- While the outer panels of LignoSat are made from magnolia wood, the satellite still incorporates traditional aluminium structures and electronic components inside.
- The hybrid construction allows researchers to compare the performance of wood against conventional materials used in spacecraft.
- Testing Methods:
- LignoSat will orbit Earth for six months and monitor the wood’s reaction to space conditions, providing valuable data for future space missions.
- Sensors embedded in the satellite will track various environmental factors, such as radiation exposure, temperature fluctuations, and the structural integrity of the wood.
The Long-Term Vision: Building Timber Habitats in Space
- The research team, led by Takao Doi (astronaut and Kyoto University professor), envisions a future where timber is used for constructing space habitats on the Moon and Mars.
- The team’s ultimate goal is to plant trees in space and develop timber houses on extraterrestrial bodies, providing a sustainable, self-sufficient environment for humans in space.
Broader Implications for Space Exploration
- Sustainability in Space Missions:
- LignoSat represents an innovative step toward more sustainable space technologies by investigating eco-friendly materials that can minimize the environmental impact of space missions.
- It aligns with global efforts to make space exploration more sustainable, especially as space tourism and colonization plans grow.
- Future Prospects:
- If successful, LignoSat could pave the way for wood-based materials being used in spacecraft construction, not only for satellites but also for space stations and future human habitats in space.
Conclusion
- LignoSat’s mission marks a significant milestone in space exploration by exploring wood as a sustainable material in space technology.
- As the first wooden satellite, its results could pave the way for more eco-friendly, renewable materials in future space missions, aligning with global goals for sustainability and reducing space-related pollution.
What are the costs of population decline?
- 11 Nov 2024
In News:
India has been witnessing significant demographic changes due to decades of family planning policies. This has led to declining fertility rates in certain States, particularly in the southern and smaller northern regions.
Introduction: Demographic Shift in India
- Southern States’ Fertility Trends: States like Tamil Nadu, Kerala, Andhra Pradesh, and Telangana have fertility rates below the replacement level (around 1.4–1.5), while Bihar, Uttar Pradesh, and Madhya Pradesh have higher fertility rates (2.6–3).
- Ageing Population: Southern States face the challenge of an ageing population, with Kerala projected to have 22.8% of its population aged 60+ by 2036, while Bihar will have only 11%.
Economic and Health Impact of Population Decline
- Economic Consequences:
- Dependency Ratio: The old-age dependency ratio (the number of elderly for every 100 working-age individuals) has increased significantly in some States. Kerala, for example, had a ratio of 26.1 in 2021, signaling a crisis point.
- Loss of Demographic Dividend: States with declining fertility rates face the loss of a demographic dividend, i.e., the economic benefit from a large working-age population, which is increasingly burdened by elderly dependents.
- Health Expenditure: Rising healthcare costs, especially for cardiovascular diseases in southern States, will strain public health systems. The southern States, although comprising one-fifth of India's population, spent 32% of the country’s total out-of-pocket expenditure on cardiovascular diseases in 2017-18.
- Challenges of Low Fertility:
- Declining Labour Force Participation: Policies encouraging higher fertility may also reduce women’s labour force participation, undermining the economic growth of these States.
- Economic Pressures: Southern States, despite higher tax contributions, face a diminished share of central resources due to slower population growth. This is a point of concern in inter-State fiscal relations.
Political Implications of Uneven Population Growth
- Impact on Federal Structure:
- The uneven population growth across States will lead to significant changes in the delimitation of constituencies after the current freeze on seat allocation in Parliament expires in 2026.
- Redistribution of Lok Sabha Seats: Northern States like Uttar Pradesh and Bihar will likely gain more seats, while southern States like Tamil Nadu, Kerala, and Andhra Pradesh will lose seats due to their declining population shares.
- Challenges in Federal Relations:
- Southern States’ economic contributions through taxes are disproportionate to the resources they receive from the central pool, leading to growing tensions between high-growth and slow-growth regions.
- The shift in political power post-delimitation could increase regional disparities, potentially leading to political tensions between States.
Solutions and Policy Recommendations
- Pro-Natalist Policies:
- Southern States are considering pro-natalist policies to incentivize higher fertility rates. However, such measures have been largely unsuccessful internationally, especially when women’s economic independence and educational choices are restricted.
- International Experience: Attempts to incentivize childbearing, without addressing broader socio-economic factors like gender equality, have generally failed in other nations. Maternity benefits, gender-neutral parental leave, and childcare support are key to increasing fertility sustainably.
- Gender Equity and Work-Family Balance:
- Work-family policies that support paid maternity and paternity leaves, affordable childcare, and gender-neutral employment policies are essential to empower women to balance family and career.
- Studies indicate that countries with higher gender equity have better fertility rates because women are less likely to forgo childbearing for career reasons.
- Increasing Retirement Age:
- One way to reduce the old-age dependency ratio is to increase the retirement age, which would allow older workers to remain employed longer and support a sustainable economy.
- Social Security and pension reforms should also be considered to accommodate the ageing workforce and reduce the economic burden on younger generations.
- Managing Migration:
- Migration policies should be adjusted to manage the influx of economic migrants into southern States, who contribute to the economy but continue to be counted in their home States for fiscal and political purposes.
- Migration-based policy reforms could address the challenge of an ageing population in states with declining fertility while ensuring equitable resource distribution across States.
Bharat 6G Mission
- 10 Nov 2024
In News:
India aspires to lead the world in 6G technology by 2030 through the Bharat 6G Mission. This initiative builds upon the successful rollout of 5G, which reached 98% of districts in just 21 months.
Key Features of 6G Technology
- Terahertz (THz) Frequencies: 6G will utilize THz waves capable of transmitting significantly more data than 5G, offering ultra-fast data rates.
- Massive MIMO (Multiple Input Multiple Output): Supports a large number of devices and simultaneous connections using multiple antennas, improving data transmission and reception.
- Network Slicing: Creates specialized, smaller networks tailored to specific traffic types, such as video streaming or industrial automation.
- Enhanced Security: Incorporates advanced encryption and authentication protocols to safeguard sensitive data.
- Ultra-Reliable Low Latency Communication (URLLC): Ensures ultra-low latency, critical for applications like industrial automation, virtual reality (VR), and augmented reality (AR).
- Integrated Intelligent Reflecting Surfaces (IIRS): Enhances signal strength and quality, particularly in areas with poor reception.
- High-Speed Data Transfer: Supports data communication over hundreds of GHz or THz frequencies, facilitating faster transfer rates.
Government Initiatives for 6G Development
Bharat 6G Vision and Strategy
- Goal: To design, develop, and deploy 6G technologies, ensuring secure, intelligent, and pervasive global connectivity.
- Core Principles:
- Affordability, sustainability, and ubiquity aligned with the vision of Atmanirbhar Bharat (self-reliant India).
- Strategic Objectives:
- Promote R&D through startups, universities, and industries.
- Develop affordable 6G solutions and global IP contributions.
- Focus on transformative applications to enhance quality of life.
Technology Innovation Group (TIG) on 6G
- Established: November 1, 2021.
- Task Forces:
- Focus on multidisciplinary solutions, spectrum management, devices and networks, international standards, and R&D funding.
Bharat 6G Alliance
- A collaborative effort between Indian industry, academia, and research institutions to develop 5G advancements, 6G products, and patents.
- Global Alignment: Partners with organizations like the Next G Alliance (US), 6G Flagship (Finland), and South Korea’s 6G Forum.
Applications of 6G Technology
Application Area
Description
Healthcare
Real-time patient monitoring and AI-connected devices.
Agriculture
IoT and AI-driven predictive systems for crop health and irrigation.
Defense & Internal Security
Enhanced surveillance, communication, and unmanned operations.
Disaster Response
High-volume communication for emergency coordination.
Transportation
Ultra-low latency for urban air mobility and traffic management.
Education
High-speed remote learning, immersive AR/VR-enabled classrooms.
Metaverse
3D holographic displays and seamless virtual interactions.
Industrial Automation
Smart factories with enhanced operational efficiency through real-time data.
Smart Cities
Efficient urban infrastructure and real-time monitoring using IoT.
Entertainment & Media
Higher-quality streaming, immersive content delivery.
Environmental Monitoring
Real-time data collection for resource management and conservation.
Challenges in 6G Development
- Technical Complexity: Development of advanced components and subsystems makes 6G technology highly complex.
- Infrastructure Deployment: Significant investment and regulatory support are required for the necessary infrastructure upgrades.
- Spectrum Allocation: The limited availability of spectrum poses challenges in balancing competing demands for bandwidth.
- Security Concerns: High-speed data transmission increases vulnerability to cyber threats, necessitating robust security protocols.
- Standardization Issues: Achieving global consensus on standards for 6G interoperability can be slow and contentious.
- Global Collaboration: Effective international cooperation is critical for technological and regulatory alignment.
Conclusion
India’s Bharat 6G Mission represents a visionary approach to maintaining technological leadership in the rapidly evolving global digital landscape. By investing in research, fostering international collaborations, and pursuing policies aligned with Atmanirbhar Bharat, India can harness 6G to fuel socio-economic growth and strengthen global connectivity.
Uttar Pradesh Board of Madarsa Education Act, 2004
- 09 Nov 2024
In News:
The Supreme Court recently upheld the constitutional validity of the Uttar Pradesh Board of Madarsa Education Act, 2004 (also called the Madarsa Act), while striking down certain provisions related to the granting of higher education degrees. The Court overturned the Allahabad High Court's previous decision, which had deemed the Act unconstitutional on the grounds that it violated the principle of secularism.
What is the Madarsa Act?
The Madarsa Act provides a legal framework for regulating madrasas (Islamic educational institutions) in Uttar Pradesh. The Act:
- Establishes the Uttar Pradesh Board of Madarsa Education, which oversees the curriculum and examinations for madrasas.
- Ensures that madrasas follow the National Council of Educational Research and Training (NCERT) curriculum for mainstream secular education alongside religious instruction.
- Empowers the state government to create rules for regulating madrasa education.
Allahabad High Court's Ruling
In March 2024, the Allahabad High Court declared the Madarsa Act unconstitutional, citing:
- Violation of secularism: The Court argued that the Act's emphasis on compulsory Islamic education, with modern subjects being optional, discriminated on religious grounds, violating the secular nature of the Constitution.
- Right to Education: The Court also claimed that the Act denied quality education under Article 21A, which guarantees free and compulsory education to children.
- Higher Education Degrees: The Act's provisions allowing the granting of Fazil and Kamil degrees were found to conflict with the University Grants Commission Act, 1956, which regulates higher education.
Supreme Court's Ruling
The Supreme Court overturned the Allahabad High Court's decision on several grounds:
- Basic Structure Doctrine: The Court clarified that the basic structure doctrine, which applies to constitutional amendments, does not apply to ordinary legislation like the Madarsa Act. Therefore, a law cannot be struck down simply for violating secularism unless explicitly prohibited by the Constitution.
- State's Authority to Regulate Education: The Court held that the state has the right to regulate education in minority institutions, as long as the regulation is reasonable and rational. It emphasized that the Madarsa Act does not deprive these institutions of their minority character.
- Right to Education for Minority Institutions: Referring to a 2014 decision, the Court ruled that the Right to Education Act (RTE) does not apply to minority institutions, as it would undermine their right to impart religious education and self-administer.
Striking Down Higher Education Provisions
While upholding most of the Act, the Supreme Court struck down the provisions related to higher education degrees (Fazil and Kamil). It ruled that:
- Section 9 of the Act, which allowed the Board to grant these degrees, is in conflict with the University Grants Commission Act, which only permits degrees to be awarded by universities recognized by the UGC.
Implications of the Ruling
- Regulation of Madrasa Education: The ruling affirms the state's authority to ensure quality education in madrasas, balancing religious instruction with secular subjects.
- Protection of Minority Rights: By upholding the Madarsa Act, the Court protected the rights of religious minorities to run educational institutions while ensuring they meet educational standards.
- Focus on Inclusivity: The judgment emphasizes the integration of madrasas within the broader educational framework, ensuring that madrasa students receive quality education.
In conclusion, the Supreme Court's decision supports the regulation of madrasa education while safeguarding the rights of minority institutions, except in areas related to the granting of higher education degrees, which remain under the jurisdiction of the UGC Act.
Indus Waters Treaty (IWT)
- 08 Nov 2024
In News:
Need for modification of the Indus Waters Treaty (IWT) amidst changing geopolitical, environmental, and demographic realities.
Background of the Indus Waters Treaty (IWT)
- About IWT:
- Signed in 1960 between India and Pakistan, brokered by the World Bank.
- Governs the sharing of the Indus River system waters.
- Historical Context:
- Origin in the Inter-Dominion Accord of 1948 post-partition.
- Finalized after negotiations facilitated by the World Bank in 1951.
- Key Provisions:
- Eastern Rivers (Ravi, Beas, Sutlej) allocated to India.
- Western Rivers (Indus, Jhelum, Chenab) allocated to Pakistan, with limited use allowed for India (e.g., hydropower, irrigation).
- Establishment of the Permanent Indus Commission (PIC) for cooperation and dispute resolution.
India’s Perspective
- Rationale for Modification:
- Increased demographic and agricultural demands.
- Need for sustainable water management.
- Acceleration of hydropower projects on western rivers permitted by the treaty.
- Security Concerns: Cross-border terrorism impacting trust in treaty operations.
Pakistan’s Concerns
- Dependence on Indus System: Critical for agriculture and drinking water as the lower riparian state.
- Potential Impacts of Modification:
- Fear of reduced water availability.
- Concerns over India’s hydropower projects altering water flow.
Current Challenges
- Hydropower Projects: Disputes over compliance with treaty provisions regarding hydropower construction.
- Technical Disputes: Divergent interpretations of treaty terms.
- Political Tensions: Strained bilateral relations with minimal diplomatic engagement.
- Climate Change Impacts: Altered precipitation patterns and glacial melt affecting water availability.
Arguments for Modifying the Treaty
- Addressing Contemporary Challenges: Climate change, technological advancements, and increased water demand.
- Securing National Interests:
- Clarifications on hydropower construction.
- Improved dispute resolution mechanisms.
Risks of Modifying the Treaty
- Escalation of Tensions: Perceived unilateral actions by Pakistan.
- Political Sensitivities: Domestic opposition in both countries.
Way Forward: A Balanced Approach
- Engagement and Dialogue: Bilateral discussions with potential third-party mediation (e.g., World Bank).
- Cooperation over Conflict: Recognizing mutual benefits of collaboration in water management.
- Adaptation Measures: Incorporate provisions addressing climate change and technological advances.
Zeroing in on Methane Diplomacy, at COP29
- 07 Nov 2024
In News:
From November 11 to 22, 2024, global leaders will gather in Baku, Azerbaijan, for the 29th Conference of Parties (COP29) under the United Nations Framework Convention on Climate Change (UNFCCC). This year’s summit, known as the Finance COP, will focus on setting a new global climate finance target—the New Collective Quantified Goal (NCQG).
A key focus of the summit is the reduction of methane emissions, as countries aim to curb near-term temperature increases, which buys critical time for long-term CO2 reductions necessary for stabilizing climate change.
U.S.-China Collaboration and Methane Reduction
US-China Collaboration Despite Geopolitical Tensions
Despite ongoing geopolitical tensions, the United States and China have found common ground on the issue of methane reduction. Both nations recognize the importance of addressing methane emissions, which are more potent in the short term than CO2. They, along with the United Arab Emirates, organized a summit at COP28 to discuss methane and other non-CO2 pollutants.
China’s National Plan for Methane Emissions
In November 2023, China launched its first national methane reduction plan, emphasizing capacity-building efforts over explicit reduction targets. This plan marked a significant step in China’s climate policy, underscoring its commitment to mitigating methane emissions alongside the U.S.
Given that China and the U.S. are the two largest contributors to methane emissions globally, their collaboration presents a significant opportunity for global climate mitigation efforts. India, the third-largest emitter of methane, could benefit from this partnership by seeking financial support and technical expertise to address its methane challenges.
India’s Methane Emissions Profile and Challenges
Emissions Breakdown
India’s Third Biennial Update Report to the UNFCCC indicates that in 2016, India emitted approximately 409 million tons of CO2-equivalent methane. The major sources of these emissions include:
- Agriculture: 74% (mainly from livestock and rice cultivation)
- Waste: 14% (unmanaged organic waste in landfills and dumpsites)
- Energy: 11%
- Industrial processes: 1%
Due to the dominant role of agriculture, India has been cautious about committing to stringent methane reduction targets. Initiatives like the Global Methane Pledge, which calls for a 30% reduction from 2020 levels by 2030, have not been fully embraced.
Environmental and Health Impact of Methane Emissions
Methane-related fires at waste dumpsites, such as the Bhalswa dump in Delhi (2022), have highlighted the broader environmental and health risks of methane emissions. These fires contribute significantly to air pollution, making it urgent for India to address methane in its waste management and agricultural sectors.
India’s Initiatives for Methane Reduction
Waste Management Programs
- Comprehensive Waste Management Framework India’s waste management sector is a significant source of methane, contributing 14% of the nation’s total emissions. Although a comprehensive regulatory framework for waste management has been developed, implementation remains slow due to local capacity constraints and financial limitations.
- Innovative Solutions Indore, a city in Madhya Pradesh, has pioneered waste sorting and biomethane production. The city's initiative includes:
- Sorting organic waste
- Converting it into biogas to fuel city buses
This model has gained national attention and is being considered for replication in other cities.
- GOBARdhan Scheme Launched as part of the Swachh Bharat Mission-Urban 2.0, the Galvanizing Organic Bio-Agro Resources Dhan (GOBARdhan) scheme encourages rural communities to convert cattle manure and other organic waste into biogas and compost, reducing methane emissions from livestock waste while providing additional income to rural households.
Agricultural and Livestock Emission Reduction
- National Mission for Sustainable Agriculture (NMSA) The NMSA promotes climate-resilient agricultural practices that reduce methane emissions. For example, Alternate Wetting and Drying (AWD) is a water-saving technique used in rice farming that reduces methane emissions by limiting anaerobic decomposition.
- National Livestock Mission Under the National Livestock Mission, practices such as improved fodder management, silage making, and Total Mixed Ration (TMR) feeding are being promoted. These practices reduce methane emissions from livestock by improving digestion and feed efficiency.
Opportunities for India at COP29
Leveraging U.S.-China Methane Partnership
COP29 offers India an opportunity to leverage the U.S.-China collaboration on methane reduction. By engaging with these two major emitters, India can seek:
- Financial support
- Technical assistance
- Capacity-building resources, particularly for its waste sector, which is a significant source of methane emissions.
Accurate data on methane emissions, such as satellite-based monitoring, can help India refine its emission inventories and enhance the effectiveness of its methane mitigation efforts.
Fast-Tracking India’s Methane Reduction Efforts
Although methane is not the primary focus at COP29, India has an opportunity to fast-track its efforts in methane reduction. The country's existing policies and initiatives, such as waste management programs and agricultural missions, provide a foundation upon which international collaboration can build.
Recent data from satellite monitoring in cities like Delhi and Mumbai shows that actual methane emissions from waste dumpsites may be 50%-100% higher than previously estimated, highlighting the urgency of addressing this issue.
Conclusion
Although methane may not dominate the COP29 agenda, it represents a critical pathway for India to accelerate its climate action. With the groundwork already laid through domestic policies and innovative solutions, India now requires enhanced financial and technical backing to scale up its methane reduction initiatives. By engaging proactively at COP29, India has a unique opportunity to secure the resources needed to tackle methane emissions, benefiting both its citizens and the global fight against climate change.
Supreme Court Ruling on Property and Redistribution
- 06 Nov 2024
In News:
A crucial 9-judge bench of the Supreme Court ruled on the scope of government powers over private property, with a focus on Articles 39(b) and 31C of the Constitution.
Key Issues Considered by the Court
- Article 31C: Whether it still protects laws giving effect to Articles 39(b) and 39(c), even after amendments and past rulings.
- Interpretation of Article 39(b): The meaning of “material resources of the community” and the limits on government acquisition.
Legal and Constitutional Background
- Article 31C and 39(b) Overview:
- Article 31C was introduced by the 25th Amendment (1971) to protect laws related to the distribution of resources for the common good.
- Article 39(b) (Directive Principle of State Policy) mandates that resources should be distributed to best serve the common good.
- Historical Context:
- Kesavananda Bharati Case (1973): The Supreme Court affirmed the Constitution’s "basic structure," impacting the interpretation of amendments to Article 31C.
- Minerva Mills Case (1980): The Court struck down further amendments to Article 31C.
The Supreme Court’s Ruling in 2024
- Restoration of the Post-Kesavananda Position: The Supreme Court clarified that the interpretation of Article 31C is restricted, and the protection under this article applies only to laws implementing Articles 39(b) and 39(c), not all directive principles.
- On Redistributing Private Property:
- The majority opinion held that not all privately owned properties can be considered “material resources of the community” for redistribution under Article 39(b).
- The Court dismissed the broad interpretation of "material resources" used in previous rulings (e.g., Justice Krishna Iyer’s dissent in the Ranganatha Reddy case, 1977).
Dissenting and Concurring Opinions
- Justice Nagarathna’s Concurring Opinion:
- Acknowledged that certain privately owned resources could be considered material resources (e.g., forests, wetlands), but emphasized a balanced approach.
- Distinguished between personal belongings and resources that could be considered part of the public domain.
- Justice Dhulia’s Dissent:
- Argued for a broader interpretation, in line with past rulings, that private resources could be considered material resources if they served the public good.
Interpretation of Article 39(b)
- Scope of the Article:
- Article 39(b) directs the State to ensure that the ownership of material resources is distributed to serve the common good.
- It imposes a positive obligation on the State to create policies for resource distribution, but does not authorize arbitrary expropriation of private property.
- Private Property as Material Resources:
- The Court clarified that private property cannot be deemed a material resource of the community unless specific conditions are met (e.g., scarcity, public welfare implications).
- The judgment emphasized a case-by-case analysis rather than a blanket approach.
Criteria for Assessing Material Resources
The Court provided criteria to evaluate whether a private property could be considered a “material resource of the community”:
- Nature of the Resource: What is the resource’s fundamental characteristic?
- Impact on Public Welfare: Does the resource impact the common good or public interest?
- Ownership Type: Is the resource privately owned or under state control?
- Scarcity: Is the resource scarce or in finite supply?
- Concentration of Ownership: Are the resources concentrated in the hands of a few private entities?
Implications of the Ruling
- Protection of Private Property Rights: The ruling strengthens protections against arbitrary State acquisition of private property, reinforcing the constitutional safeguards for property rights.
- Economic Implications: The Court noted that India’s economic trajectory has shifted from socialism to a market-based economy, and that resource redistribution policies should reflect this change.
- Policy Shifts: The ruling marks a shift away from a socialist economic ideology towards one that emphasizes private property rights, while still considering public welfare in resource distribution.
Conclusion
- Balancing Individual Rights with Public Welfare: The ruling underscores the importance of balancing private property rights with the need for equitable resource distribution to serve the common good.
- Implications for Constitutional Interpretation: This judgment marks a pivotal moment in the interpretation of property rights in India, affirming the evolving nature of the Constitution in response to dynamic economic and social policies.
Does Data Justify Subdivision of Quotas?
- 05 Nov 2024
Context
India's reservation system has long been a tool for uplifting historically marginalized communities, especially Scheduled Castes (SCs) and Scheduled Tribes (STs). However, recent debates have questioned whether the system serves its intended purpose, particularly in light of disparities within the SC groups. The need for a ‘quota-within-quota’ system has been raised to ensure more equitable outcomes across different SC subgroups.
The Reservation System: Origins and Objectives
Purpose of Reservations
- Historical Background: Established to correct centuries of social and economic exclusion faced by SCs and STs.
- Mechanism for Equality: Aimed to create opportunities in education, government employment, and public offices for historically marginalized groups.
- Dr. B.R. Ambedkar’s Vision: Reservations were designed to transition from formal legal equality to substantive equality.
Challenges of the Current System
- Despite progress, certain SC subgroups seem to have benefited more than others.
- A Supreme Court ruling has led to calls for a 'quota-within-quota' to address intra-SC disparities.
Exploring Intra-SC Disparities: The Data Analysis
States Examined
- Key States: Andhra Pradesh, Bihar, Punjab, Tamil Nadu, Uttar Pradesh, and West Bengal.
- Objective: To investigate whether some SC subgroups have disproportionately benefited from the reservation system.
Findings Across States
- Andhra Pradesh: Minor differences between SC groups (Malas vs. Madigas), with both groups showing similar socio-economic progress.
- Tamil Nadu: No significant disparity between Adi Dravida and Pallan groups, both benefiting equally from reservations.
- Punjab: Subdivision of quotas since 1975 has led to better outcomes for disadvantaged groups like Mazhabi Sikhs and Balmikis.
- Bihar: The Mahadalit category, introduced in 2007, failed due to political intervention, undermining the policy’s goals.
Key Insights
- In some states (e.g., Punjab), a subdivision of quotas has been effective in addressing intra-SC disparities.
- In other states, like Andhra Pradesh and Tamil Nadu, the benefits of reservations are already distributed fairly evenly among SC subgroups.
- The gap between SCs and upper-caste groups remains much larger than the gap within SCs.
The Issue of Access to Reservations
Caste Certificates as a Proxy for Access
- Data from IHDS: Less than 50% of SC households in Uttar Pradesh and Bihar report having caste certificates, limiting access to reserved positions.
- Better Access in Some States: Over 60-70% of SC households in Tamil Nadu and Andhra Pradesh have caste certificates.
Core Issue: Ensuring Access
- Access Challenges: Without proper access to caste certificates, many SCs are excluded from the benefits of the reservation system.
- Priority Area: Ensuring that all eligible SCs have access to reservations is a critical concern before considering subdivision.
The 'Quota-within-Quota' Proposal
Concept and Potential Benefits
- Targeted Assistance: A ‘quota-within-quota’ would provide more focused help to the most disadvantaged SC subgroups, as seen in Punjab.
- Political Considerations: However, the political motivations behind quota subdivision, as seen in Bihar, can undermine the policy’s effectiveness.
Criticism and Limitations
- Uneven Need for Subdivision: In many states, the need for further subdivision is minimal, as the benefits of reservations are already fairly distributed.
- Political Exploitation: The policy risks becoming a political tool rather than a genuine means of achieving social justice, as political influence often determines who is categorized as the most disadvantaged.
Addressing Inequality Beyond Reservations
Income-Based Criteria and Monetary Benefits
- Current Approach: Monetary benefits (e.g., scholarships, lower fees) are a part of the affirmative action system.
- Income Criterion: Should be used to determine eligibility for monetary benefits to focus assistance on those most in need.
The "Creamy Layer" Debate
- Supreme Court’s Suggestion: The introduction of a "creamy layer" exclusion for SCs, akin to the Other Backward Classes (OBCs) model, remains contentious and requires stronger evidence.
Challenges of Economic Mobility
- Stigma and Discrimination: Economic progress does not necessarily eliminate social stigma or discrimination, especially for historically marginalized groups.
- Long-Term Goal: While reservations have contributed to creating a Dalit middle class, addressing stigma will require a gradual process.
The Need for Updated Data and Evidence-Based Policy
Data Deficiency
- Lack of Comprehensive Data: The absence of updated, reliable data on caste-based disparities limits the effectiveness of any policy reform.
- National Census Delay: India’s national Census, the only source of comprehensive data on caste, has been delayed, exacerbating the problem.
Evidence-Driven Reform
- Importance of Data: Robust and up-to-date data is essential to assess the true impact of reservations and to make informed policy decisions.
Conclusion: Reforming the Reservation System
- Reservations’ Success: The reservation system has played a significant role in improving the socio-economic status of SCs and STs.
- Intra-SC Disparities: While some subgroups benefit more than others, the broader gap between SCs and upper-caste groups remains far more pronounced.
- Focus on Access: The primary focus should be on improving access to reservations, ensuring that all eligible SCs benefit fully from affirmative action.
RBI brings back 102 tonnes gold from BoE; 60 per cent reserves in India
- 04 Nov 2024
In News:
England over the past two-and-a-half years, reflecting a strategic shift in its approach to safeguarding gold reserves. This move marks a significant increase in the RBI's domestic gold holdings.
Rise in the RBI's Domestic Gold Holdings
- Current Status (September 2024):The RBI's domestic gold reserves have grown to 510.46 metric tonnes, up from 295.82 metric tonnes in March 2022.
- Reduction in Gold Held Abroad:The gold held under the custodianship of the Bank of England has decreased to 324 metric tonnes from 453.52 metric tonnes in March 2022.
- Gold as a Share of Foreign Exchange Reserves:The proportion of gold in India's total foreign exchange reserves increased from 8.15% in March 2024 to 9.32% in September 2024.
Gold Kept in the Bank of England
- Overview of the Bank of England's Gold Vault:The Bank of England is home to one of the largest gold vaults in the world, second only to the New York Federal Reserve, housing around 400,000 bars of gold.
- India’s Gold Held Abroad:The RBI continues to retain 324 metric tonnes of its gold with the Bank of England and the Bank for International Settlements (BIS).
- Additional Gold Management:Around 20 tonnes of gold are managed through gold deposit schemes.
- Strategic Role of London’s Gold Market:Storing gold in London provides immediate access to the global London bullion market, enhancing liquidity for India’s gold assets.
Historical Context of India’s Gold Holdings
- 1991 Balance of Payments Crisis:During a financial crisis in 1991, India had to send 47 tonnes of gold to the Bank of England to secure loans for repaying international creditors.
RBI’s Strategy to Bring Gold Back to India
- Global Trend of Central Banks Buying Gold:Since the imposition of U.S. sanctions on Russia in 2022, central banks globally have been increasing their gold reserves as a hedge against inflation and to reduce reliance on the U.S. dollar. India has outpaced other G20 nations in this trend, surpassing Russia and China in gold purchases.
- De-dollarisation:This shift is part of a broader strategy of de-dollarisation, aiming to diversify away from the U.S. dollar amidst rising gold prices and growing geopolitical tensions.
Significance of Repatriating Gold to India
- Sign of Economic Strength
- Recovery from the 1991 Crisis:The decision to repatriate gold reflects a significant improvement in India's economic position, a stark contrast to the 1991 economic crisis when India had to pledge gold for financial survival.
- Optimizing Financial Resources
- Reducing Storage Costs:Storing gold domestically allows the RBI to save on storage fees paid to foreign custodians, such as the Bank of England.
- Strategic Significance
- Enhanced Resilience Amid Global Instability:By repatriating its gold, India enhances its strategic autonomy and strengthens its economic position in a world of rising uncertainties and currency volatility.
RBI's Capacity to Safeguard Gold Domestically
- Increasing Domestic Storage Capacity:The RBI has been increasing its domestic capacity for gold storage to accommodate rising reserves and reduce dependence on foreign gold safekeeping facilities.
- Current Foreign Exchange Reserves:As of October 2024, India’s total foreign exchange reserves stand at $684.8 billion, sufficient to cover over 11.2 months of imports.
Diversification of Foreign Exchange Reserves
- Mitigating Currency Risks:By increasing gold reserves, India diversifies its foreign exchange holdings, reducing reliance on any single currency and shielding itself from global currency fluctuations and economic volatility.
- Gold as a Stable Asset:Gold serves as a stable asset, providing a safeguard against global economic shocks, and balances India’s reserves portfolio.
Gold as a Hedge against Inflation
- Preserving Wealth amid Inflation:Gold is traditionally viewed as a hedge against inflation, maintaining or appreciating in value when other currencies weaken. By increasing its gold reserves, India positions itself to better withstand the adverse effects of inflation and ensure long-term financial stability.
Conclusion
The repatriation of gold by the RBI reflects a strategic move to bolster India's economic strength and diversify its financial assets. The decision to bring gold back to India not only signifies an improvement in India's economic fundamentals but also aligns with global trends of central banks increasing their gold reserves to ensure long-term stability and reduce reliance on the U.S. dollar.
Key Takeaways from COP-16: Convention on Biological Diversity
- 03 Nov 2024
In News:
The 16th edition of the Convention of Biological Diversity (CBD) in Cali, Colombia was concluded.
Key Agreements at COP-16
- Establishment of the Cali Fund
- Purpose: To ensure equitable benefit-sharing from the use of Digital Sequence Information (DSI) on genetic resources.
- Focus on Indigenous Communities: At least 50% of the Cali Fund will support Indigenous peoples and local communities, with special emphasis on women and youth.
- Creation of a Permanent Subsidiary Body
- Inclusion of Indigenous Peoples: A new body will ensure the active participation of Indigenous groups in biodiversity conservation and policy discussions.
- Resource Mobilisation Strategy
- Target Funding: The conference agreed on a strategy to secure USD 200 billion annually by 2030 to support global biodiversity initiatives.
- Kunming Biodiversity Fund: A contribution of USD 200 million from China to support biodiversity funding.
- Management of Invasive Alien Species
- New Guidelines: Proposals for databases, cross-border trade regulations, and enhanced coordination with e-commerce platforms to manage invasive species.
- Identification of Ecologically or Biologically Significant Marine Areas (EBSAs)
- Enhanced Process: COP-16 agreed on an evolved process for identifying EBSAs, a critical aspect of marine conservation.
- Global Action Plan on Biodiversity and Health
- One Health Approach: Approval of a global action plan to curb zoonotic diseases, promote health, and safeguard ecosystems.
India’s Contribution at COP-16
Updated National Biodiversity Strategy and Action Plan (NBSAP)
- Financial Commitment: India plans to invest ?81,664 crore (USD 9.8 billion) from 2025-30 on biodiversity conservation.
- Focus Areas: India highlighted efforts such as the establishment of the International Big Cat Alliance, expansion of Ramsar sites, and increased spending on biodiversity from 2018-2022.
International Finance Support
- Global Partnerships: India emphasized the need for international finance to meet biodiversity targets, particularly under the Kunming-Montreal Global Biodiversity Framework (KMGBF).
Key Outcomes from COP-16
- New Mechanisms for Biodiversity Conservation
- Cali Fund: Ensures equitable benefit-sharing from genetic resources.
- Permanent Subsidiary Body: Facilitates the inclusion of Indigenous peoples in policy-making.
- Funding and Resource Mobilization
- USD 200 Billion Annually: Strategy to secure funding for biodiversity initiatives.
- Redirecting Harmful Subsidies: Agreement to redirect USD 500 billion in harmful subsidies by 2030.
- Biodiversity and Human Health
- Global Action Plan on Biodiversity and Health: Aimed at preventing zoonotic diseases and promoting human, animal, and environmental health.
Challenges in Biodiversity Protection
Key Threats to Biodiversity
- Population Growth and Resource Demand: Increasing population and demand for biological resources lead to over-exploitation.
- Habitat Degradation and Climate Change: Destruction of ecosystems and climate change threaten species globally.
- Invasive Species: Introduction of non-native species harms local biodiversity.
- Government Policies: Policies that prioritize development without environmental safeguards contribute to biodiversity loss.
Gaps in Global Biodiversity Framework
- Weak Legal Language: Concerns about insufficient legal protection for critical ecosystems.
- Lack of Implementation Mechanisms: Absence of mandatory review mechanisms for biodiversity targets.
Kunming-Montreal Global Biodiversity Framework (KMGBF)
Framework Overview
- Adoption: Adopted at COP-15 in 2022, the KMGBF sets 23 action-oriented targets for biodiversity by 2030.
- Key Goals: Includes restoring 30% of degraded ecosystems and reducing the risk of invasive species by 50%.
- Living in Harmony with Nature: The framework envisions achieving biodiversity targets and living sustainably with nature by 2050.
Way Forward: Moving from Agreements to Action
- Participation of Stakeholders - Inclusive Approach: Ensuring the involvement of all relevant stakeholders, including governments, businesses, and local communities, in biodiversity conservation.
- Integrated Resource Management - Ecosystem Approach: Promoting a holistic approach to managing biodiversity and natural resources.
- Strengthening Governance - Good Governance Practices: Encouraging better governance to prevent unregulated exploitation of natural resources.
- International Financial Support - Alignment with Financial Institutions: Aligning global financial institutions and multilateral development banks with biodiversity conservation goals.
WWF Living Planet Report 2024
- 02 Nov 2024
In News:
- The WWF Living Planet Report 2024 highlights a drastic 73% decline in the average size of monitored wildlife populations globally from 1970 to 2020.
- The report underscores the urgent need for biodiversity conservation to maintain ecological balance, food security, and human health.
Key Findings of the 2024 Report
Wildlife Population Decline
- 73% Decline in monitored wildlife populations over the past 50 years (1970-2020).
- Freshwater species: Declined by 85%, the most significant drop.
- Terrestrial species: Declined by 69%.
- Marine species: Declined by 56%.
Main Threats to Wildlife
- Habitat Loss: Primary driver, particularly due to the expansion of food systems.
- Overexploitation: Over-hunting, fishing, and resource extraction.
- Invasive Species: Non-native species disrupt local ecosystems.
- Pollution: Water, air, and soil contamination, especially in Asia-Pacific.
- Disease: Emerging diseases impacting wildlife populations.
Ecosystem Risks and Tipping Points
- Decline in wildlife signals risks of ecosystem tipping points.
- Critical ecosystems, like the Amazon and coral reefs, face potential irreversible damage.
- Impact on global food security and livelihoods due to ecosystem collapse.
India’s Wildlife Status
- Vulture populations in India remain critically endangered.
- Tiger populations have increased to 3,682 (2022).
- Snow leopards have been successfully monitored with 718 individuals recorded.
Case Study: Chennai’s Wetland Loss
- 85% reduction in Chennai’s wetlands due to urban expansion, exacerbating flood and drought risks.
- Initiatives like the Tamil Nadu Wetland Mission aim to restore these wetlands to improve ecosystem resilience.
Impacts of Wildlife Decline
- Ecosystem Imbalance
- Disruption in predator-prey relationships, pollination, and nutrient cycles due to species decline.
- Leads to ecosystem instability and potential collapse.
- Loss of Biodiversity
- Reduced genetic diversity makes ecosystems less resilient to environmental changes.
- Increases vulnerability to diseases, natural disasters, and climate change.
- Threats to Food Security
- Pollinators like bees and insects are essential for crop yields.
- Loss of pollinators threatens global food supply and agriculture.
- Human Health Implications
- Healthy ecosystems regulate disease by controlling pest populations.
- Declining biodiversity increases the risk of zoonotic diseases, such as COVID-19.
- Economic Consequences
- Agriculture, fisheries, and tourism industries depend on healthy ecosystems.
- Decline in wildlife can lead to job losses and economic instability.
- Cultural and Social Impacts
- Wildlife holds cultural, spiritual, and recreational value for societies worldwide.
- Loss of iconic species diminishes cultural identities and opportunities for nature-based tourism.
Challenges in Biodiversity Conservation
- Inadequate National Actions
- Despite global commitments (e.g., Global Biodiversity Framework, Paris Agreement, UN SDGs), national actions are insufficient to meet 2030 biodiversity targets.
- Risk of crossing tipping points that could lead to irreversible ecosystem degradation.
- Key Drivers of Biodiversity Loss
- Habitat Loss: Driven by agriculture, urbanization, and infrastructure development.
- Climate Change: Rising temperatures, extreme weather, and altered precipitation patterns.
- Overexploitation: Unsustainable hunting, fishing, logging, and resource extraction.
- Pollution: Industrial, agricultural, and plastic pollution disrupt natural habitats.
- Invasive Species: Non-native species outcompeting and threatening native populations.
- Lack of Funding: Inadequate financial resources for effective conservation.
- Weak Policy and Enforcement: Poorly implemented habitat protection laws.
- Human-Wildlife Conflict: Increased interactions between expanding human populations and wildlife.
- Genetic Diversity Loss: Reduced genetic diversity makes species vulnerable to diseases and environmental changes.
- Awareness Gaps: Insufficient public awareness on the importance of biodiversity.
Conclusion and Way Forward
Policy and Action Recommendations
- Expand protected areas and restore ecosystems to halt biodiversity loss.
- Engage Indigenous communities in conservation and land management practices.
- Promote sustainable farming, reduce food waste, and encourage plant-based diets to lessen food production impacts.
- Shift to renewable energy and reduce fossil fuel use to mitigate climate change.
- Redirect investments from environmentally harmful sectors to nature-friendly industries.
WWF-India’s Call for Collective Action
- WWF-India advocates for collective action to align climate, conservation, and sustainable development policies.
- The goal is to ensure a resilient and thriving future for both biodiversity and human societies.
Tackling Judicial Pendency and Adjournments in India
- 01 Nov 2024
In News:
The issue of judicial delays and adjournments has become a significant concern in India’s judicial system. President Droupadi Murmu, while addressing the National Conference of District Judiciary in September 2024, emphasized the need to eliminate the culture of adjournments. These delays particularly affect the poor and rural populations, who often suffer in silence, avoiding court due to the fear of protracted justice.
Background of the Indian Judicial System
India’s judicial system has evolved under various legal frameworks, including the Code of Civil Procedure (CPC) and the Criminal Procedure Code (CrPC). Initially, civil courts dealt with a wide range of cases, while criminal courts focused on criminal offenses. The establishment of the Supreme Court and High Courts further strengthened India’s judicial architecture to handle constitutional and appellate cases.
To address the growing caseload, the Indian government introduced the tribunal system through the 42nd Constitutional Amendment Act, 1976, aiming to manage specialized disputes. However, despite these reforms, case pendency continues to rise.
Key Issues Contributing to Judicial Delay and Pendency
- Judge-to-Population Ratio - India currently has 21 judges per million people, far below the recommended 50 judges per million as per the 120th Law Commission Report. The shortage of judges directly contributes to the growing backlog of cases.
- Vacant Judicial Positions - As of late 2024, 30% of High Court positions remain vacant, exacerbating the case pendency crisis. The delay in filling these vacancies has resulted in overburdened judges, further delaying case resolution.
- Legislative Overload - The enactment of laws without conducting prior judicial impact assessments leads to an increase in the number of cases, often without considering the capacity of the judiciary to handle them. This lack of foresight results in excessive pressure on courts.
- Overworked Judiciary - Judges often face a heavy workload, with some handling multiple responsibilities across different courts. This overburdening leads to mental fatigue, increased errors, and prolonged decision-making.
- Witness Delays - The absence of witnesses and delays in their appearance in court can significantly prolong the judicial process, contributing to case pendency.
Government Initiatives and Challenges
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- National Judicial Infrastructure Plan (NJIP): The NJIP aims to modernize judicial infrastructure, improving court functioning and case processing. However, its full implementation across the country remains a work in progress.
- E-Courts Project: The E-Courts project aims to digitize the judicial process, including e-filing and virtual hearings. This initiative has shown promise in reducing procedural delays but still requires wider application.
- Tribunal System: While tribunals were introduced to reduce the burden on regular courts, their success has been limited, and the abolition of six tribunals in 2021 has added additional pressure on High Courts.
- Case Timeline Legislation: Laws prescribing time-bound adjudication for sensitive cases have been enacted, but due to inefficiencies in the system, deadlines are rarely met.
Recommendations for Reform
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- Enhance Judicial Strength
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- Increase the Judge-to-Population Ratio: The government should prioritize the appointment of judges to meet the 50 judges per milliontargets.
- Fill Vacant Positions: High Courts should fill vacant positions six months in advance to ensure a steady supply of judges.
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- Judicial Impact Assessment
- Implement Judicial Impact Assessments: The Justice M. Jagannadha Rao Committee’s recommendation for judicial impact assessments should be made mandatory. Every new Bill should assess the likely increase in judicial workload, the required number of judges, and the necessary infrastructure.
- Promote Alternative Dispute Resolution (ADR)
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- Encourage ADR Mechanisms: Mediation and arbitration should be promoted as cost-effective alternatives to court proceedings. Public awareness campaigns and legal reforms can encourage the use of ADR.
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- Strengthen Infrastructure and Technology
- Modernize Court Infrastructure: The judiciary should invest in technology such as e-filing and virtual hearings to reduce administrative burdens and expedite case resolutions.
- Streamline Administrative Processes: Technology can also help automate administrative tasks, thereby reducing the workload on judges and speeding up case processing.
- Limit Adjournments
- Stricter Norms for Adjournments: Judicial bodies should enforce stricter norms for granting adjournments, ensuring that they are not used excessively.
- Oversight Mechanism: An independent body can monitor the frequency of adjournments and take corrective action if needed.
Conclusion
Addressing the issue of judicial adjournments and case pendency requires a comprehensive approach involving structural reforms, better resource allocation, and the adoption of technology. Strengthening the judiciary’s infrastructure, increasing judicial appointments, and promoting alternative dispute resolution are vital steps toward ensuring quicker, fairer justice. The collaborative efforts of the judiciary, government, and society at large are essential to ensuring that India’s judicial system can meet the demands of justice in a timely and efficient manner.
Analysis of Election Expenditure in India
- 30 Oct 2024
Overview
Election expenditure has become a pressing issue in modern democracies, with growing concerns about its implications for political integrity and fair competition. In India, the skyrocketing costs of elections—both in terms of candidate spending and political party expenditure—pose significant challenges to electoral transparency, governance, and equity.
Current State of Election Expenditure in India
The total expenditure on elections in India has risen dramatically in recent years. For the 2024 Lok Sabha elections, the total expenditure by various political parties is estimated to reach around ?1,00,000 crores. This is a significant jump from the ?9,000 crores spent in the 1998 general elections. The expenditure per vote has also risen substantially, from ?25,000 in 1951 to ?1,400 in 2024.
The election expenditure limits for individual candidates are capped by the Election Commission of India (ECI):
- ?95 lakh for larger states (Lok Sabha constituencies)
- ?75 lakh for smaller states
- ?40 lakh for legislative assembly elections in larger states
- ?28 lakh for smaller states
However, these caps apply only to individual candidates. Political parties are not subject to any expenditure limits, allowing them to spend unlimited amounts during campaigns. This discrepancy leads to considerable financial disparities between well-funded national parties and regional or smaller parties, undermining the principle of equitable competition.
Global Comparisons: Election Financing and Spending Limits
Election financing varies widely across democracies, with countries like the United States and the United Kingdom adopting specific limits and regulations to curb excessive spending.
- United States: U.S. elections are financed largely through contributions from individuals, corporations, and Political Action Committees (PACs). Notably, Super PACs—which can raise and spend unlimited funds—have exacerbated concerns over money's influence on political outcomes. The 2024 U.S. presidential election is expected to cost around $16 billion (approximately ?1,36,000 crores).
- United Kingdom: Political parties are subject to strict expenditure limits. Each political party is allowed to spend £54,010 for each constituency, with an overall cap of £35 million for contests across all constituencies. This is aimed at ensuring that elections are not swayed by wealth alone and that smaller parties have a fighting chance.
Despite these measures, the United States still faces issues with unlimited corporate donations and the growing influence of wealthy donors, highlighting the complexities in curbing money in politics.
Challenges Posed by Rising Election Expenditure
The rising costs of elections present multiple challenges in India, exacerbating corruption, unfair competition, and political inequality.
a) Political Corruption and Influence
Large election expenditures are often funded by corporate donations and other private entities, creating a nexus between politicians and donors. This can lead to a quid-pro-quo relationship, where politicians may prioritize the interests of their donors over public welfare. This undermines public trust in the political system.
b) Unaccounted Money and Illegal Practices
A significant portion of the election expenditure is unaccounted for. The Centre for Media Studies (CMS) reports that in the 2019 general elections, around 25% of the total expenditure was spent on illegally distributing cash to voters. This practice, coupled with the absence of strict regulations on third-party campaigners, enables the use of black money in elections, further skewing the electoral process.
c) Uneven Playing Field
The absence of limits on party spending creates a situation where well-funded national parties have an inherent advantage over smaller regional parties and independent candidates. This financial inequality reduces the ability of under-funded candidates to compete based on ideas and merit rather than financial muscle. Furthermore, the growing influence of digital advertising and media campaigns has further widened this gap, with larger parties investing heavily in digital platforms like Google and Facebook, marginalizing those without the resources to do so.
Proposed Reforms to Address Election Expenditure Issues
To address these challenges, several reforms have been suggested by experts, committees, and the Election Commission. These reforms aim to curb excessive spending, ensure fairness, and increase accountability in the electoral process.
a) Capping Expenditure by Political Parties
There is a pressing need to introduce expenditure ceilings for political parties, in addition to those imposed on individual candidates. According to the 2016 Electoral Reforms Report by the Election Commission, political party spending should be capped at a level not exceeding the total expenditure limit for all candidates fielded by the party. This would level the playing field, ensuring that the influence of money is curtailed during elections.
b) State Funding of Elections
Recommendations for state funding of elections have been made by the Indrajit Gupta Committee (1998) and the Law Commission Report (1999). The state could partially finance the campaigns of recognized political parties, ensuring that candidates are not solely reliant on private donations. However, this reform faces challenges in terms of feasibility and implementation, especially regarding the mechanism for allocation of funds.
c) Regulation of Third-Party Campaigners
India should follow the example of countries like Australia, where third-party campaigners are formally registered and required to disclose their funding sources. This would help in tracking illegal contributions and ensure that election spending is transparent.
d) Ban on Government Advertisements During Election Periods
The use of government advertisements by the ruling party during the run-up to elections often leads to an uneven playing field. A ban on government-funded ads during the six months before elections would ensure that the ruling party does not gain an unfair advantage through public resources.
e) Strengthening Electoral Oversight
An independent electoral oversight body could be established to oversee campaign financing and ensure that all parties comply with spending limits. This would include measures to audit party finances, track donations, and verify spending claims, making it more difficult for parties to evade rules or use black money.
Conclusion: The Need for Comprehensive Electoral Reforms
The rising costs of elections in India present significant challenges to the democratic process. While expenditure limits for candidates exist, the lack of restrictions on party spending creates financial inequalities that undermine fair competition. The increasing role of corporate donations, illegal cash distribution, and unregulated third-party spending further complicates the situation.
To ensure fair elections, it is crucial that India adopts reforms such as capping political party expenditures, state funding of elections, and stronger oversight mechanisms. These steps, coupled with bipartisan political will, could help create a more equitable, transparent, and accountable electoral system, fostering greater public trust in the democratic process.
By addressing these challenges head-on, India can work toward an election system that encourages political participation based on ideas and policies rather than financial clout, ultimately strengthening the foundations of democracy.
Analysis of Growing Economic Divide in India
- 29 Oct 2024
Overview
The Economic Advisory Council to the Prime Minister (EAC-PM)'s report titled "Relative Economic Performance of Indian States: 1960-61 to 2023-24" highlights an alarming trend of widening economic disparities across India's states, which is increasingly threatening the principles of federalism and national unity. The findings reveal significant regional imbalances in terms of contributions to the national income, per capita income, and overall economic development. This analysis delves into the key insights from the report and explores the broader implications for India's federal structure, governance, and policy approaches.
Key Insights from the Report
- Regional Economic Disparities:
- Western and Southern States' Dominance: States such as Maharashtra, Gujarat, Tamil Nadu, and Karnataka have consistently outperformed others. These states have benefited from higher private investments, better infrastructure, and a more business-friendly environment. They also enjoy proximity to international markets, especially coastal regions like Gujarat and Tamil Nadu, which have access to ports and export markets.
- Underperformance of Northern and Eastern States: On the other hand, northern states (with exceptions like Delhi and Haryana) and eastern states like Bihar, Odisha, and West Bengal lag behind in economic performance. These regions face challenges such as poor infrastructure, low levels of investment, and weak governance structures, which hinder their growth potential.
- Impact of Liberalization (1991):
- The 1991 economic reforms marked a shift toward market-oriented growth, benefiting states that were already more industrialized or had better urban infrastructure. Southern states, in particular, adapted well to the liberalized environment, attracting higher levels of private investment and expanding their economies.
- The liberalization process disproportionately favored urban centers like Delhi, Mumbai, Chennai, and Bengaluru, where investments were channelized into growing service sectors, technology, and industries, creating a feedback loop of wealth accumulation in these hubs. Meanwhile, the hinterland remained underdeveloped due to insufficient public investment and the lack of private sector interest in these regions.
- Investment Disparities:
- Private Investment: Wealthier states attract a disproportionate share of private investment, which is driven by profitability and market opportunities. These states have better infrastructure, which reduces transaction costs and increases returns on investment. In contrast, underdeveloped states struggle to attract investment due to poor governance, inadequate infrastructure, and perceived higher risks.
- Public Investment: While the public sector still plays a role in investment, the New Economic Policies (NEP) since 1991 have shifted the focus towards private sector-driven growth. This has further widened the investment gap, as the poorer states receive less public investment relative to their needs.
- Role of Infrastructure and Governance:
- The availability and quality of infrastructure are significant determinants of economic performance. States with better roads, energy supply, ports, and communication networks tend to attract more investments. Additionally, good governance, characterized by reduced corruption, better policy implementation, and transparency, also plays a critical role in fostering economic development.
- In contrast, states with weaker governance structures and poor infrastructure struggle to create an enabling environment for businesses, further compounding regional disparities.
- Impact on Federalism:
- The growing economic divide is leading to tensions between the Centre and state governments, particularly in wealthier states that contribute significantly to national income but feel short-changed in resource allocation. These states argue that they are not receiving a fair share of national resources in return for their contributions, leading to growing dissatisfaction with the federal system.
- The tension is exacerbated by political factors, such as accusations from opposition-led states that the Centre uses public investment to favor states aligned with the ruling party. The growing perception of politicization of resource allocation has the potential to undermine the spirit of cooperative federalism.
Structural Causes of Regional Inequality
- Economic and Investment Magnetism:
- Wealthier states attract more private investments, as they offer better returns due to established markets, skilled labor, and urbanization. Cities like Mumbai, Delhi, and Bengaluru serve as economic magnets, drawing talent, technology, and capital, which further consolidates their economic dominance.
- In contrast, states without such economic hubs or access to global markets struggle to attract investment. The absence of urban agglomerations and the concentration of wealth and resources in a few states perpetuate regional disparities.
- Policy and Investment Bias:
- Post-liberalization policies have disproportionately benefited the organized sector, often at the expense of the unorganized sector, which is more prevalent in poorer states. The emphasis on industrial growth and infrastructure development has largely bypassed the rural and informal sectors, which are critical in underdeveloped states.
- The organized sector has also benefited from government support, such as tax concessions and subsidized infrastructure, which have enabled these industries to thrive in already developed regions. This has widened the gap between the haves and the have-nots.
- Cronyism and the Black Economy:
- Crony capitalism and the prevalence of the black economy in poorer states further exacerbate regional imbalances. In some cases, political patronage and corruption divert resources and investments from areas that need them most. This weakens the investment climate, especially in states with higher levels of informal and illegal economic activity.
Implications for Federalism
The growing economic disparity poses a serious threat to India's federal structure. The increasing dissatisfaction of wealthier states with the current fiscal arrangements and the growing demand for fairer resource allocation challenge the spirit of cooperative federalism. A well-functioning federal system relies on equitable distribution of resources and opportunities for all regions to develop.
Policy Recommendations
To address these disparities and strengthen India's federal framework, several policy measures need to be implemented:
- Enhancing Governance and Infrastructure in Lagging States:
- Improved governance and reducing corruption are essential in attracting both private and public investments. Additionally, there must be a focus on developing critical infrastructure, such as roads, energy, and health facilities, which are essential for economic growth.
- States need to increase public investment in sectors like education, healthcare, and social security to improve human capital and productivity.
- Focus on the Unorganized Sector:
- A significant portion of the labor force in poorer states is employed in the unorganized sector. Policies should aim to formalize this sector by providing social security benefits, improving labor rights, and increasing productivity through skill development. This could help raise incomes and stimulate local demand, attracting more private investment.
- Balancing the Organized and Unorganized Sectors:
- While the organized sector has benefited from liberalization, more attention should be given to the unorganized sector, which forms the backbone of the economy in many poorer states. A balanced approach to economic growth, which includes both organized and unorganized sectors, can help reduce disparities.
- Shifting Focus from Urban Centers to Hinterlands:
- Private sector investment must be incentivized in underdeveloped regions through tax breaks, subsidies, and targeted infrastructure projects. This will encourage businesses to expand beyond the major urban centers, thus promoting a more balanced distribution of economic activities.
Conclusion
The widening economic divide in India, as revealed by the EAC-PM report, poses a significant challenge to the country's federalism and unity. To ensure inclusive and balanced development, policy reforms must focus on reducing regional disparities by improving governance, infrastructure, and investment in lagging states. A shift towards equitable growth, addressing the needs of both the organized and unorganized sectors, is essential to promoting national cohesion and ensuring sustainable economic progress across all regions.
Strengthening the Anti-Defection Law to Uphold India's Democratic Integrity
- 28 Oct 2024
In News:
The Anti-Defection Law, introduced in 1985 through the 52nd Constitutional Amendment, aims to curb political instability caused by legislators switching parties for personal or financial reasons. While the law has helped maintain political stability, it faces several challenges, including delays in decision-making, potential bias in adjudication, and lack of transparency in party directives. These issues undermine its effectiveness in safeguarding democratic integrity.
Historical Context and Genesis
The issue of political defections, exemplified by the term "Aaya Ram, Gaya Ram," traces its origins to the 1960s when frequent party-switching destabilized governments. To address this, the Anti-Defection Law was enacted in 1985, disqualifying members who voluntarily gave up their party membership or defied party whips on critical votes. Initially effective in reducing defections, the law has faced challenges due to emerging loopholes, particularly regarding party "splits" and "mergers."
Gaps and Loopholes in the Current Law
One major loophole was the provision allowing a party split if one-third of its members defected, exploited until the 91st Amendment in 2003, which increased the threshold for mergers to two-thirds. Despite this change, defections continue, particularly through "mergers." Another issue is the role of the Speaker in deciding disqualification petitions. Given that the Speaker is often affiliated with the ruling party, their decisions are sometimes seen as biased, leading to delays in resolving defection cases. Additionally, the lack of transparency in issuing party whips has caused disputes regarding their legitimacy.
Proposed Reforms
To address these challenges, two key amendments are proposed:
- Fixed Time Frame for Decision-Making: A clear time frame—such as four weeks—should be established for the Speaker or an adjudicatory body to resolve defection cases. If no decision is made within this period, defecting members should automatically be disqualified.
- Transparency in Whips: Political parties should be required to make the issuance of whips public, either through newspaper publications or electronic communication, to ensure that members are fully informed of party positions on critical votes.
Ethical Concerns and Impact on Democracy
While the Anti-Defection Law was introduced to promote political stability, it has inadvertently stifled internal dissent within parties. Legislators are often forced to follow party lines, even when their personal convictions or constituents' interests conflict. This limits their freedom of expression and undermines the representative nature of democracy. Furthermore, the law has not fully curbed unethical practices such as "poaching" of members or defectors seeking personal gain, which continue to destabilize governments and erode public trust in the system.
The Way Forward: Political Will and Comprehensive Reforms
To strengthen the Anti-Defection Law, reforms must balance party discipline with individual freedoms. Key steps include:
- Independent Adjudication: Establishing an independent tribunal to handle defection cases can reduce political bias and expedite the decision-making process.
- Clear Timeframes: Setting a fixed timeline for resolving defection cases will prevent delays and ensure accountability.
- Transparency in Whip Issuance: Ensuring public notice of party whips will reduce ambiguity and disputes.
- Promoting Ethical Conduct: Strengthening ethical guidelines to discourage "poaching" and protect the integrity of the electoral process.
Pradhan Mantri Mudra Yojana (PMMY)
- 27 Oct 2024
Introduction
The Pradhan Mantri Mudra Yojana (PMMY) was launched by Prime Minister Narendra Modi on April 8, 2015, with the aim of providing financial support to non-corporate, non-farm small and micro enterprises in India. Through this initiative, loans are provided to individuals and small businesses who are unable to access formal institutional finance.
In the Union Budget 2024-25, Finance Minister Nirmala Sitharaman announced an increase in the loan limit under PMMY from ?10 lakh to ?20 lakh, with the introduction of a new loan category, Tarun Plus, aimed at fostering growth in the entrepreneurial sector.
Key Features of the Pradhan Mantri Mudra Yojana
Loan Limit Increase
- Loan Limit Raised: The loan limit has been increased from ?10 lakh to ?20 lakh for eligible entrepreneurs.
- New Loan Category: The newly introduced Tarun Plus category caters to entrepreneurs who have previously availed and successfully repaid loans under the Tarun category.
- Credit Guarantee: The Credit Guarantee Fund for Micro Units (CGFMU) will cover these enhanced loans, further ensuring the security of micro-enterprises.
Categories of MUDRA Loans
PMMY provides collateral-free loans through financial institutions like Scheduled Commercial Banks, Regional Rural Banks (RRBs), Small Finance Banks (SFBs), Non-Banking Financial Companies (NBFCs), and Micro Finance Institutions (MFIs). These loans are provided for income-generating activities in sectors like manufacturing, trading, services, and allied agriculture activities.
Objectives of PMMY
- Financial Inclusion: PMMY targets marginalized and socio-economically neglected sections of society, promoting financial inclusivity.
- Support to Small Businesses: By providing affordable loans, the scheme encourages small-scale entrepreneurs, particularly women and minority groups, to establish and expand their businesses.
- Fostering Entrepreneurship: PMMY aims to unlock the potential of India’s entrepreneurial spirit, especially in rural and underserved areas.
MUDRA: The Institutional Backbone
Role of Micro Units Development & Refinance Agency Ltd. (MUDRA)
MUDRA is the primary institution set up by the Government of India to manage and implement the Mudra Yojana. It acts as a refinancing agency that provides financial support to small and micro-enterprises by working through financial intermediaries, such as banks and micro-finance institutions.
Funding Sources
- Scheduled Commercial Banks
- Regional Rural Banks (RRBs)
- Small Finance Banks (SFBs)
- Non-Banking Financial Companies (NBFCs)
- Micro Finance Institutions (MFIs)
Application Process
Applicants can avail loans through any of the aforementioned financial institutions or apply online via the Udyami Mitra Portal.
Benefits of Pradhan Mantri Mudra Yojana
- Collateral-free Loans: No security is required to obtain loans, which reduces the financial burden on borrowers.
- Easily Accessible: PMMY loans are available across India, making them accessible to entrepreneurs in both rural and urban areas.
- Quick and Flexible Loans: Loans can be disbursed quickly with flexible repayment terms (up to 7 years).
- Empowering Women Entrepreneurs: The scheme offers special incentives for women entrepreneurs, helping them to establish and grow their businesses.
- Support to Rural Areas: Special emphasis on empowering rural enterprises and reducing regional disparities.
- MUDRA Card: The MUDRA Card is a RuPay debit card that allows borrowers to access funds through an overdraft facility, enhancing liquidity for businesses.
- No Default Penalty: In case of loan defaults due to unforeseen circumstances, the government will step in to reduce the burden on entrepreneurs.
Categories of Loans Under PMMY
1. Shishu Category: Loans up to ?50,000
- Targeted at micro-enterprises at the initial stage of their business journey.
2. Kishore Category: Loans between ?50,000 and ?5 lakh
- Targeted at enterprises looking to expand their operations and upgrade their infrastructure.
3. Tarun Category: Loans between ?5 lakh and ?10 lakh
- For established businesses that are in need of funds to scale up.
4. Tarun Plus: Loans between ?10 lakh and ?20 lakh
- A new category designed for entrepreneurs who have repaid loans under the Tarun category and wish to further expand their business.
Achievements of PMMY (2023-24)
- Total Loans Sanctioned: ?5.4 trillion across 66.8 million loans in FY 2023-24.
- Loans Disbursed: Significant amounts were disbursed under each category:
- Shishu: ?1,08,472.51 crore
- Kishore: ?1,00,370.49 crore
- Tarun: ?13,454.27 crore
- Women Borrowers: A large share of loans have gone to women entrepreneurs, ensuring gender inclusivity.
- Minority Borrowers: The scheme also emphasizes financial empowerment of minority communities.
- NPA Reduction: The Non-Performing Assets (NPA) in Mudra loans have reduced to 3.4% in FY 2024, compared to higher levels in earlier years.
Digital Tools and Support Systems
MUDRA MITRA App
The MUDRA MITRA mobile app helps users access information about the PMMY scheme, loan application procedures, and other resources. The app is available for download on Google Play Store and Apple App Store.
Online Loan Application
Entrepreneurs can apply for loans online via portals such as PSBloansin59minutes and Udyamimitra, providing greater convenience and accessibility.
Steps to Improve Implementation
- Handholding Support: Assistance in submitting loan applications is available for applicants.
- Intensive Awareness Campaigns: The government conducts publicity campaigns to raise awareness about PMMY.
- Simplified Loan Process: The loan application forms have been simplified to encourage wider participation.
- Performance Monitoring: Regular monitoring of PMMY implementation to ensure its success.
- Interest Subvention: A 2% interest subvention is offered for prompt repayment of Shishu loans.
Conclusion
The Pradhan Mantri Mudra Yojana has been a transformative scheme in fostering entrepreneurship and ensuring financial inclusion for small and micro-businesses across India. With the recent increase in loan limits and the addition of the Tarun Plus category, the scheme continues to empower emerging entrepreneurs and provides a crucial lifeline for business growth and sustainability. By supporting women, minorities, and new entrepreneurs, PMMY has contributed significantly to economic upliftment and inclusive growth in the country.
The right to die with dignity
- 26 Oct 2024
In News:
- The Ministry of Health and Family Welfare's draft guidelines (October 2024) aim to implement the Supreme Court's 2018 and 2023 orders on the right to die with dignity.
Legal Context: Supreme Court Rulings and Constitutional Rights
- Right to Refuse Treatment:
- Common Law & Article 21: The right to refuse medical treatment is grounded in common law and is now recognized as a fundamental right under Article 21 of the Indian Constitution, following the 2018 Supreme Court judgment in Common Cause v. Union of India.
- Supreme Court Rulings: The court's rulings in 2018 and 2023 affirmed that individuals have the constitutional right to refuse life-sustaining treatment and to die with dignity.
Withholding and Withdrawing Life-Sustaining Treatment
- Definition and Meaning:
- What Is Life-Sustaining Treatment? Life-sustaining treatments, such as ventilators and feeding tubes, artificially replace vital bodily functions to sustain life.
- Withholding/Withdrawal: This refers to discontinuing these treatments when they no longer improve the patient's condition or merely prolong suffering.
- When Is It Done?
- End-of-Life Care: Withholding or withdrawing treatment is considered when further medical intervention is futile and would only artificially prolong the dying process.
- Focus on Comfort: After withdrawing life-sustaining measures, the focus shifts to palliative care to alleviate pain and suffering.
Understanding Euthanasia and Misconceptions
- What Is Euthanasia?
- Definition: Euthanasia refers to the intentional ending of a terminally ill patient’s life by medical professionals to relieve suffering.
- Passive Euthanasia Misconception: In India, the term "passive euthanasia" is often mistakenly used to describe withholding or withdrawing life-sustaining treatment, but this does not involve the active killing of the patient.
- Legal Framework: The Indian Council of Medical Research (ICMR) clarified in 2018 that "passive euthanasia" is not a legally accepted practice in the country.
The Role of Doctors: Ethical Dilemmas and Shared Decision-Making
- Is Withdrawing Treatment "Giving Up" on the Patient?
- Not Abandonment: Withdrawing life-sustaining treatment is not about abandoning the patient but recognizing when further interventions would cause unnecessary suffering.
- Palliative Care: The patient’s comfort and dignity are prioritized through palliative care, which focuses on pain management and emotional support for both the patient and family.
- Doctors' Ethical Responsibility:
- Shared Decision-Making: The process encourages a collaborative approach between doctors and the patient’s family or surrogate decision-makers. This joint decision-making ensures that the wishes of the patient are respected and relieves the doctor from bearing sole responsibility for life-and-death decisions.
Living Wills and Advance Medical Directives
- What Is a Living Will?
- Definition: A living will is a legal document where a person outlines their medical preferences in the event they lose decision-making capacity.
- Eligibility and Process: Individuals aged 18 or older, who are capable of making decisions, can draft a living will, naming at least two trusted surrogate decision-makers.
- Legal Requirements: The document must be signed in the presence of an executor, two witnesses, and notarized to be legally binding.
- 2023 Supreme Court Guidelines: The Court simplified the procedure for making living wills to ensure that the right to die with dignity is upheld.
Medical Procedure for Withholding or Withdrawing Treatment
- Supreme Court Guidelines
- The Supreme Court laid out a clear procedure for withholding or withdrawing life-sustaining treatment, emphasizing patient autonomy, expert assessments, and family consent.
- Primary and Secondary Medical Boards:
- Primary Medical Board: The treating hospital sets up a Primary Medical Board, consisting of the treating doctor and two subject-matter experts, to assess the patient's condition and determine if life-sustaining treatment is appropriate.
- Secondary Medical Board: A Secondary Medical Board, comprising independent experts, reviews the Primary Board's decision for added oversight.
- Consent from Family/Surrogate Decision-Makers:
- The patient’s wishes, as outlined in an advance directive or by a surrogate, must be respected, and their consent is essential for proceeding with treatment withdrawal.
- Judicial Oversight:
- Once the decision to withdraw treatment is made, the hospital is required to notify the local judicial magistrate, ensuring transparency and accountability.
Conclusion: Legal and Ethical Clarity in End-of-Life Care
- Shared Decision-Making: The process ensures that medical teams, families, and surrogate decision-makers collaborate, preventing any medical professional from facing moral or legal dilemmas alone.
- Protection of Autonomy: These frameworks and guidelines uphold patient autonomy, offering a legal and ethical pathway for terminally ill patients to exercise their right to die with dignity.
16th BRICS Summit
- 25 Oct 2024
In News:
Recently, the 16th BRICS Summit was held in Kazan, Russia.
Key Highlights:
Overview of the Bilateral Meeting between PM Modi and President Xi
- Location & Context: The meeting took place on the sidelines of the 16th BRICS Summit in Kazan, Russia (October 23, 2024), marking the first bilateral interaction between PM Modi and President Xi Jinping in nearly five years.
- Significance: The meeting focused on India-China relations, specifically the border dispute that arose following the 2020 standoff in Ladakh.
- Agreement on Border Disengagement: Both leaders welcomed an agreement for "complete disengagement" along the Line of Actual Control (LAC), which could pave the way for the resolution of issues that emerged after the Galwan Valley clashes in June 2020.
Key Points of the India-China Border Pact
- Resolution of Border Issues: The agreement addresses longstanding disputes, including in Depsang Plains and Demchok, where Chinese forces had encroached on Indian territory.
- Restoration of Patrolling: Both nations agreed to restore patrols to old patrolling points (PPs) along the LAC in these disputed areas.
- Next Steps: The Special Representatives (SRs) on the India-China boundary will meet soon to oversee the management of peace and tranquility in the border areas and explore mutually acceptable solutions.
- Diplomatic Mechanisms: Dialogue mechanisms at the foreign ministers and other official levels will be utilized to stabilize and rebuild bilateral relations, contributing to regional and global stability.
Strategic Importance of the Bilateral Meeting
- Maintaining Peace and Stability: PM Modi emphasized that differences between India and China should be managed carefully to ensure that broader peace and tranquility are maintained.
- Global Impact: Both leaders affirmed that stable India-China relations would have a positive impact on regional and global peace and contribute to a multipolar world.
- Long-Term Strategic Perspective: The leaders discussed progressing bilateral relations from a strategic perspective, enhancing communication, and exploring cooperation to address developmental challenges.
Key Takeaways from the 16th BRICS Summit
- Expansion and New Membership: The summit saw the inclusion of five new members—Egypt, Ethiopia, Iran, the UAE, and Saudi Arabia (pending formalization). This expansion reflects BRICS’s growing influence as a forum representing the Global South.
- Focus on Multilateralism: Leaders emphasized multilateral cooperation to address challenges such as global security, economic growth, and sustainable development.
- Kazan Declaration: The declaration touched upon key issues:
- Geopolitical Conflicts: It called for dialogue and diplomacy to resolve disputes like the Ukraine crisis and the West Asia conflict.
- Sanctions and Trade: Criticized unilateral sanctions and their disruptive effects on global trade and development goals.
- Grain Exchange: A proposal was made to establish a BRICS Grain Exchange, aimed at improving agricultural trade among member states.
- Financial Integration: There was a push for greater financial integration through the use of local currencies for trade, exemplified by India’s UPI system as a successful model.
Importance of BRICS in the Global Context
- Global Influence: BRICS continues to be a key player in global geopolitics, representing 40% of the world’s population and 26% of global GDP (as of 2023).
- Strategic Goals: BRICS has consistently called for reform of international institutions like the UNSC, IMF, and World Bank, advocating for a more equitable global governance structure.
- Economic Collaboration: The New Development Bank (NDB), established in 2015, continues to play a vital role in funding development projects across BRICS countries, though the group’s influence in global finance remains limited compared to the World Bank.
Challenges Facing BRICS Expansion
- Geopolitical Contradictions: The inclusion of diverse new members (e.g., UAE, Egypt, Iran) could complicate decision-making due to geopolitical rivalries.
- Decision-Making Hurdles: Achieving consensus among an expanding membership will become more challenging. The expansion may dilute the cohesiveness of the group, as seen in other multilateral forums like the Non-Aligned Movement (NAM) and G77.
- De-Dollarisation Efforts: While BRICS aims to de-dollarize trade and reduce reliance on the SWIFT system, efforts to develop alternatives like a BRICS payment system and BRICS currency are still in nascent stages.
- Economic Disparities: Economic gaps among members—China’s GDP is significantly larger than the combined GDP of other members—could also create imbalances in decision-making.
India’s Role and Strategic Positioning in BRICS
- Geopolitical Balancing: India's participation in BRICS is a strategic maneuver to balance its global position and strengthen ties with emerging economies, particularly in the Global South.
- Diplomatic Relations with Russia: India continues to prioritize its relationship with Russia, which remains crucial for regional security and energy cooperation.
- India-China Ties: The agreement on the India-China border represents a significant shift in relations, with potential for a reset in Sino-Indian ties.
Key Themes in the Kazan Declaration
- Global Governance: Calls for reforming global institutions to give developing nations more representation.
- Energy and Sustainability: Proposals for strengthening energy cooperation, including the creation of energy corridors and the promotion of sustainable energy practices.
- Security: Emphasized the need for universal security by addressing the security concerns of all nations and promoting dialogue over confrontation.
Conclusion: Future of India-China and BRICS Relations
- India-China Relations: The border disengagement pact is a critical step towards stabilizing the India-China relationship, with potential positive impacts on regional security and global geopolitics.
- BRICS’s Growing Influence: As BRICS expands, it faces internal challenges but remains a potent voice for the Global South, aiming to reshape global governance and financial systems.
- India’s Strategic Positioning: India is likely to play a pivotal role in BRICS, especially as the group’s focus shifts towards regional stability, economic cooperation, and de-dollarization in the coming years.
Stubble Burning and the Supreme Court's Ruling: Protecting the Right to a Pollution-Free Environment
- 24 Oct 2024
Introduction
Recently, the Supreme Court of India expressed serious concerns about the ongoing issue of stubble burning in the states of Punjab and Haryana. The Court criticized the selective enforcement of penalties for stubble burning and emphasized that such practices violate citizens' fundamental right under Article 21 of the Indian Constitution, which guarantees the right to live in a pollution-free environment.
Court’s Observations on Stubble Burning
- The Supreme Court highlighted the failure of state governments in effectively implementing laws against stubble burning.
- Selective Enforcement: The Punjab and Haryana governments were accused of prosecuting only a few violators while allowing many others to escape punishment by paying a nominal fine.
- The Court observed that this approach is a blatant violation of the right to live in a pollution-free environment, which is guaranteed under Article 21 of the Constitution.
Right to a Pollution-Free Environment
- The Court emphasized that every citizen has the fundamental right to live in an environment free from pollution, as mandated by Article 21 of the Constitution.
- The Court questioned the effectiveness of current environmental regulations, specifically pointing out the lack of proper machinery to collect fines under Section 15 of the Environment (Protection) Act, 1986.
Impact of Stubble Burning
Stubble burning, primarily in the northern states of India, exacerbates air pollution, especially in Delhi and surrounding regions. The seasonal spike in air pollution during the months of October and November is largely attributed to farm fires. This not only worsens the air quality but also has severe implications for public health.
Environmental and Health Consequences
- Air Pollution: The burning of crop residues significantly contributes to the rise in PM2.5 and PM10 levels, leading to hazardous air quality.
- Soil Health: Burning crop residues depletes essential nutrients from the soil, reducing organic carbon content and harming soil fertility.
Health Risks
- Exposure to pollutants like particulate matter (PM) can lead to respiratory problems, heart diseases, and other health complications for the population, especially in densely populated areas like Delhi.
Legal and Institutional Shortcomings
- Inadequate Implementation: Despite laws and penalties being in place, the lack of an effective enforcement mechanism has resulted in the persistence of stubble burning.
- Toothless Penalties: The Supreme Court criticized the amended Section 15 of the Environment Protection Act, 1986, which replaced criminal penalties with financial fines for environmental violations. However, the lack of rules and appointed adjudicating officers has rendered this provision ineffective.
- No Serious Enforcement: The failure of the Central government and state authorities to implement effective penalties has led to widespread non-compliance with environmental laws.
Government Actions and Responses
Centre’s Efforts:
- The Central Government has introduced a Central Sector Scheme to promote agricultural mechanization for in-situ management of crop residue in Punjab, Haryana, Uttar Pradesh, and Delhi.
- The government provides financial assistance of up to 50% for the purchase of machinery, such as the Happy Seeder, to manage paddy stubble without burning.
- A total of ?3,062 crore has been released from 2018 to 2023 to tackle stubble burning.
State-Level Actions:
- The Punjab government has introduced cash incentives for farmers who refrain from burning stubble. Additionally, the state is offering non-fiscal incentives, such as access to panchayat land for storing paddy straw.
- The Pusa Decomposer, developed by the Indian Agricultural Research Institute (IARI), is a bio-enzyme used to decompose crop residue. It helps in turning the stubble into manure within 20-25 days, enhancing soil health.
Challenges for Farmers:
- Many farmers still prefer burning stubble due to high costs associated with alternative methods of residue management.
- The Happy Seeder and other machinery remain expensive and are not affordable for most small-scale farmers, leading them to resort to burning as the most cost-effective option.
Court’s Directive and the Way Forward
- The Supreme Court directed the Centre and state governments to ensure better enforcement of laws related to air pollution, vehicular emissions, and industrial pollution.
- The Court also urged the Union Government to consider Punjab’s request for additional funds to tackle the stubble burning issue and to strengthen the enforcement mechanism.
- Urgency for Action: The Court’s observations suggest that the existing framework needs urgent reforms to protect citizens’ right to a pollution-free environment.
Constitutional Provisions Related to Environmental Protection
India’s Constitution provides several provisions to ensure the protection of the environment:
Article 21: Right to Life and Environment
- In the landmark case Subhash Kumar v. State of Bihar (1991), the Supreme Court held that the right to life under Article 21 includes the right to a wholesome environment.
- This view was reiterated in Virender Gaur v. State of Haryana (1994), further strengthening the legal framework for environmental protection.
Directive Principles of State Policy
- Article 48A: The State is mandated to protect and improve the environment and safeguard forests and wildlife.
- Article 39(e) and 47: These Articles place a duty on the State to promote public health and ensure environmental protection.
Fundamental Duties
- Article 51A(g) places a duty on citizens to preserve and protect the environment.
Conclusion
The Supreme Court’s ruling highlights the urgent need for better implementation of environmental laws and the protection of citizens’ fundamental rights under Article 21. While government schemes are in place, a more robust and consistent approach is required to address the issue of stubble burning and air pollution. Immediate reforms in the enforcement mechanisms and incentives for farmers are crucial to achieve a sustainable, pollution-free environment in India.
Biodiversity COP16
- 23 Oct 2024
In News:
The Convention on Biological Diversity (CBD), while historically overshadowed by climate change discussions, is now gaining increasing attention due to the growing recognition of the global biodiversity crisis. This evolving prominence highlights the need for urgent action to preserve ecosystems and halt biodiversity loss, which is intimately linked with the climate crisis.
Overview of the Convention on Biological Diversity (CBD)
- Origins and Objectives:
- The CBD emerged from the 1992 Rio Earth Summit, alongside the UN Framework Convention on Climate Change (UNFCCC).
- Main Goals:
- Protect global biodiversity.
- Restore ecosystems.
- Ensure equitable distribution of the benefits derived from biological resources.
- COP16 and the Kunming-Montreal Framework:
- The 16th Conference of Parties (COP16) marks the first meeting following the Kunming-Montreal Global Biodiversity Framework adopted at COP15 in 2022.
- The framework sets out four key goals and 23 targets to be achieved by 2030, including:
- Protect 30% of global lands and oceans by 2030.
- Restore 30% of degraded ecosystems by 2030.
The Growing Convergence Between Climate Change and Biodiversity
- Interlinkages Between Climate Change and Biodiversity:
- Mutual Impact:
- Climate change accelerates biodiversity loss by altering habitats and threatening species.
- In turn, ecosystem degradation contributes to climate change by releasing greenhouse gases (GHGs) from deforestation and soil degradation.
- Shared Drivers:
- Both crises are driven by unsustainable human activities, including over-exploitation of natural resources, deforestation, over-consumption, and pollution.
- Increasing Synergy:
- There is a growing realization of the need for integrated solutions that address both climate change and biodiversity loss simultaneously.
- Momentum for 30 x 30 Targets
- The 30 x 30 Commitment:
- The 30 x 30 targets are central to the Kunming-Montreal Framework, which includes:
- Conservation of 30% of the world's lands and oceans.
- Restoration of 30% of degraded ecosystems.
- These targets aim to ensure the preservation of biodiversity-rich areas and the restoration of degraded ecosystems globally by 2030.
- National Biodiversity Strategies and Action Plans (NBSAPs):
- Countries are required to develop and submit their NBSAPs (akin to Nationally Determined Contributions (NDCs) for climate change).
- As of now, only 32 countries have submitted their NBSAPs, with more expected during COP16.
- High Seas Treaty:
- A crucial agreement for achieving 30 x 30 targets is the High Seas Treaty (also called Biodiversity Beyond National Jurisdictions (BBNJ)), which focuses on:
- Establishing protected marine areas in biodiversity-rich regions beyond national jurisdictions.
- Ensuring regulation of human activities in these areas.
Access and Benefit Sharing: The Case of Genetic Resources
- Genetic Resources and Their Exploitation:
- The oceans, along with terrestrial ecosystems, harbor a wide variety of genetic resources that can be exploited for medical, commercial, and scientific purposes.
- Advances in biotechnology and digital sequencing of genetic material have raised issues about the equitable sharing of benefits from these resources.
- Nagoya Protocol and Benefit Sharing:
- The Nagoya Protocol (2010) set out guidelines for the access and fair sharing of benefits derived from genetic resources.
- At COP16, discussions will center on how genetic sequences (used in products such as medicines, crops, etc.) can be used fairly, ensuring that indigenous communities, who may be the original custodians of these resources, benefit equitably.
Finance Mechanisms for Biodiversity Conservation
- Financial Targets:
- One of the key goals of the Kunming-Montreal Framework is to mobilize $200 billion per year by 2030 for biodiversity conservation globally.
- Developed countries are expected to contribute $20 billion annually to developing nations, increasing to $30 billion by 2030.
- Phasing Out Harmful Subsidies:
- Countries are urged to eliminate perverse incentives that harm biodiversity, such as subsidies for:
- Over-fishing.
- Deforestation.
- Fossil fuel consumption.
- The goal is to repurpose such incentives to support sustainable practices and conservation efforts.
- New Financial Mechanisms:
- COP16 discussions will also focus on creating innovative financial mechanisms, such as:
- A biodiversity fund.
- Biodiversity credits, similar to carbon credits, which would allow countries or organizations to offset their biodiversity loss by investing in conservation projects elsewhere.
Challenges and the Way Forward
- Implementation of 30 x 30 Targets:
- The main challenge lies in translating ambitious goals into actionable plans at the national and local levels. Countries must not only submit action plans but also implement and monitor them effectively.
- Increased Global Cooperation:
- Addressing biodiversity loss requires collaboration between countries, industries, and local communities to ensure that efforts are comprehensive and inclusive.
- Public Awareness and Engagement:
- It is crucial to raise awareness about the importance of biodiversity conservation and the urgent need for collective action to mitigate the combined threats of biodiversity loss and climate change.
Conclusion: The Need for Urgent Action
The discussions at COP16 signal an important shift in how the world addresses biodiversity and its links to climate change. As countries continue to recognize the interconnectedness of these two crises, the outcome of the CBD negotiations could play a pivotal role in shaping global environmental policy. However, meeting the ambitious goals set forth by the Kunming-Montreal Framework requires strong political will, adequate financing, and effective global cooperation.
What are the stress factors for Indian Railways?
- 22 Oct 2024
In News:
On October 17, eight coaches of the Agartala-Lokmanya Tilak Express derailed in Assam with no casualties. On October 11, a passenger train rear-ended a stationary goods train near Chennai, also with no casualties. Indian trains have been involved in multiple accidents of late. The Balasore accident on June 2, 2023, had the greatest death toll, more than 275, yet pressure on the Railways to improve safety competes with pressures straining its subsistence.
Railway Accident Trends
- Decline in Accidents Over Time:
- From 1,390 accidents per year in the 1960s, railway accidents have reduced to about 80 accidents per year in the last decade.
- Recent Consequential Accidents:
- 34 accidents in 2021-2022
- 48 accidents in 2022-2023
- 40 accidents in 2023-2024
- Primary Causes of Accidents:
- 55.8% due to staff errors (railway personnel).
- 28.4% due to non-staff errors.
- 6.2% due to equipment failure.
- Role of Signalling Failures:
- Major accidents, such as Balasore and Kavaraipettai, were attributed to signalling system failures.
Key Safety Technologies and Measures
- Kavach System:
- Kavach is an automatic train protection system designed to prevent collisions by monitoring train positions and activating alarms or braking.
- As of February 2024, Kavach was implemented on only 2% (1,465 route km) of the railway network, limiting its effectiveness.
- Signalling System Overhaul:
- Outdated and faulty signalling systems contribute significantly to accidents. Both Balasore and Kavaraipettai incidents were linked to failures in signalling infrastructure.
Financial Strain on Indian Railways
- Operating Ratio (OR):
- The Operating Ratio (OR) in 2024-2025 is estimated to be ?98.2, indicating that the Railways spends ?98.2 for every ?100 earned.
- A higher OR reduces available funds for safety improvements and infrastructure upgrades.
- Budgetary Constraints:
- The 2023-24 budget showed a 7.2% reduction in capital outlay for track renewal and a 96% decrease in the Depreciation Reserve Fund, which is used to replace aging assets.
- Revenue Imbalance:
- Freight services account for 65% of Railways’ revenue but face capacity constraints, with 30% of the network operating at over 100% capacity.
- Passenger services, however, continue to incur significant losses, with ?68,269 crore loss in 2021-22.
Challenges in Rail Infrastructure
- Slow Infrastructure Development:
- The government's Dedicated Freight Corridors (DFCs), intended to alleviate congestion, are severely delayed:
- The Eastern DFC is the only fully operational corridor.
- Other corridors, including the Western DFC and additional planned routes, remain incomplete.
- Track and Equipment Maintenance:
- Ongoing delays in upgrading and maintaining essential infrastructure (tracks, wagons, signalling) contribute to the rising number of accidents.
Loco Pilot Working Conditions
- Extended Working Hours:
- Loco pilots often work 12-hour shifts due to manpower shortages, leading to fatigue and increased risk of human error.
- Stress and exhaustion are significant contributors to accidents caused by human error, including Signal Passed at Danger (SPAD).
Recommendations for Improving Railway Safety
- Loco Pilot Vacancies:Immediate recruitment to fill the 18,799 vacant loco pilot positions to prevent overworking and reduce fatigue-related errors.
- Expand Kavach Deployment:Accelerate the nationwide installation of the Kavach system, particularly on high-risk and high-traffic routes, to enhance safety.
- Complete Dedicated Freight Corridors (DFCs):Expedite the completion of DFCs to ease congestion and increase freight movement efficiency.
- Independent Railway Safety Authority:Establish an independent Railway Safety Authority with statutory powers, as recommended by the Kakodkar Committee (2012), to enforce safety standards and monitor implementation.
- Improve Signal Infrastructure:Invest in advanced and reliable signalling systems to prevent errors stemming from outdated or malfunctioning infrastructure.
- Regulate Working Hours:Enforce strict work hour limits to reduce fatigue among railway staff and ensure proper rest between shifts.
- Strengthen Trackside Infrastructure:Install fencing along tracks in high-risk areas to prevent cattle run-overs, a common cause of derailments in rural and semi-urban areas.
Conclusion
- Indian Railways faces a complex set of challenges, balancing safety requirements with financial constraints. Despite technological advancements like Kavach, its limited deployment and outdated infrastructure continue to present significant risks.
- A holistic approach to reform is needed, including addressing manpower shortages, upgrading safety technologies, and investing in infrastructure development. This will be essential for reducing accidents, improving safety, and ensuring the long-term sustainability of India’s vast railway network.