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:
    1. 5,500 GW of solar energy
    2. 1,500 GW of wind energy
• 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.

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.

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.

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.

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.

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.

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.

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.

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

• • 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

• • Enhance Judicial Strength

• • 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.

• • 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)

• • 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.

• • 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.

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.

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.

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:

1. 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.
2. 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.

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.

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.

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.