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.