Why is it in the News?

The Union Ministry of Home Affairs (MHA), the Assam government and the pro-talks faction of the United Liberation Front of Asom (ULFA) signed a memorandum of settlement on Friday.

News Summary:

• The pro-talks faction of the United Liberation Front of Assam (ULFA) has officially signed a tripartite Memorandum of Settlement recently with the Central government and the Assam government.
• Chairperson Arabinda Rajkhowa led the ULFA pro-talks faction, which initiated peace talks with the government on September 3, 2011, following the signing of an agreement for the Suspension of Operations with the central and state governments.
• This Memorandum of Settlement signifies the formal commitment of the ULFA faction to renounce violence and integrate into the mainstream.
• It's noteworthy that the hardline faction of ULFA, led by Paresh Baruah, remains outside the purview of the peace accord, and Baruah is reportedly residing along the China-Myanmar border.
• As part of the agreement, Assam will receive a substantial development package, marking a significant step in the peace process.
• Over the past five years, there have been 9 peace and border-related agreements signed in the Northeast region.
• In November 2023, a peace agreement was successfully negotiated with the United National Liberation Front (UNLF) in Manipur, a separatist group representing the Meitei community.

Insurgency in Assam: Causes and Dynamics

• Assam has grappled with insurgency since the 1980s, even after the formation of separate states like Nagaland, Mizoram, Meghalaya, and Arunachal Pradesh.
• The primary demand of many militant groups in the region has been increased political autonomy, often articulated through calls for separate statehood.

Factors Driving the Insurgency in Assam:

• Ethnic Complexities: Assam is marked by historical tensions among its indigenous ethnic groups.
• Autonomous districts like Karbi Anglong and North Cachar Hills are home to 15 recognized tribes, while the rest of the state has 14 tribes.
• Bodo, Mishing, Karbi, Rabha, Sonowal Kachari, Lalung, Garo, and Dimasa are major tribes, with sustained autonomy movements, especially among Bodo groups.
• Immigration Challenges: Large-scale immigration of Bengali-speaking Muslims from Bangladesh has fueled tension.
• Assamese residents perceive this migration as a threat to their identity, culture, and economic stability.
• Political Dynamics: Movements advocating sub-regional aspirations have clashed with State Governments and Autonomous Councils.
• Example: The All Bodo Students' Union (ABSU) intensified its movement in 1987, seeking a separate state of Bodoland on the North Bank of the Brahmaputra.
• Economic Concerns: The region's economic isolation after partition has adversely impacted its economy.
• The central government’s perception of resource exploitation has fueled sentiments supporting the insurgency.
• Understanding these complex dynamics is crucial for addressing the longstanding insurgency issues in Assam.

The Dynamic Landscape of Insurgent Groups in Assam:

• United Liberation Front of Asom (ULFA): ULFA was established in April 1979 with Assamese nationalism as its guiding principle.
• It promised to free Assam and create an autonomous region called Swadin Asom (Independent Assam) that would be home to the Assamese-speaking ethnic group.
• Bodo Movement in Assam: The 1960s saw the emergence of the Bodo political movement, advocating for a homeland known as Udyachal for Assam plains tribal communities.
• The All-Bodo Students Union (ABSU), formed in 1967, became a key advocate for the Bodo cause.
• Post the Assam Accord in 1985, the ABSU played a pivotal role in reviving the movement, eventually supported by armed groups like the National Democratic Front of Bodoland (NDFB).
• Bodo Accords (1993, 2003, 2020): Three accords were signed, leading to the formation of the Bodoland Autonomous Council (1993), Bodo Territorial Council (2003), and a truce with NDFB factions (2020).
• The accords granted legislative, administrative, executive, and financial powers to the councils, recognizing Bodo as an associate official language.
• Karbi Insurgency: Five major militant groups in Karbi Anglong, including:
• Karbi People’s Liberation Tiger,
• People’s Democratic Council of Karbi Longri (PDCK),
• Karbi Longri NC Hills Liberation Front (KLNLF),
• Kuki Liberation Front (KLF), and
• United People’s Liberation Army (UPLA).
• The insurgency by these groups revolved around the demand for an autonomous state and had taken off in the 1980s.
• A settlement in 2021 granted greater autonomy, special packages, and a Rs 1,000 crore development package over five years for the Karbi Anglong Autonomous Council.
• Dimasa Uprising: DNLA, the latest group in Dima Hasao district, engaged in a tripartite agreement.
• The settlement mirrors the provisions of the Karbi Anglong agreement, focusing on autonomy and special development packages for the Dimasa community.

These insurgent movements, rooted in regional aspirations, have undergone transformations through accords and settlements, aiming at greater autonomy, linguistic recognition, and developmental packages for the respective ethnic communities in Assam.

In conclusion, the recent Memorandum of Settlement between the Union Ministry of Home Affairs, the Assam government, and the pro-talks faction of ULFA is a positive stride towards peace. However, historical patterns warn of potential challenges post-negotiations. To holistically manage the region, establishing a North East Security Council is vital. The persistent demand for sovereignty by the Paresh Baruah-led ULFA (I) remains a significant hurdle, necessitating a nuanced and sustained approach to lasting peace.

What is the Assam Accord?

• The Assam Accord inked on 15 August 1985, stands as a pivotal Memorandum of Settlement (MoS) resulting from extensive negotiations between the Government of India and representatives of the Assam Movement.
• This historic accord materialized after a six-year-long agitation, commencing in 1979, led by the All Assam Students’ Union (AASU).
• The core demand of the protestors, primarily driven by concerns about the influx of Bangladeshi immigrants, was the identification and expulsion of illegal foreigners.
• In the presence of then-Prime Minister Rajiv Gandhi in New Delhi, the accord marked a turning point.
• The leaders of the Assam Movement, cognizant of the issue’s complexity, reached a consensus to accept migrants who had entered Assam before 1 January 1966.
• In a reciprocal gesture, the Government of India acknowledged and addressed the political, social, cultural, and economic apprehensions of the Assamese people.
• As a significant commitment, the government pledged to review the electoral database, aligning it with the aforementioned date.
• Additionally, the accord underscored the government's commitment to the identification and deportation of refugees and migrants who entered Assam after 25 March 1971.
• Thus, the Assam Accord, born out of a prolonged struggle, aimed to address the multifaceted concerns surrounding immigration and safeguard the interests of the indigenous population in Assam.

Why is it in the News?

The Ministry of Information and Broadcasting (MIB) has taken a significant step in broadcasting regulation by releasing the Broadcasting Services (Regulation) Bill 2023. This bill is part of a series of efforts to regulate broadcasting in an integrated manner.

Context:

The Ministry of Information and Broadcasting, Government of India has proposed a draft Broadcasting Services (Regulation) Bill, 2023. The draft Bill provides for a consolidated framework to regulate the broadcasting services in the country and seeks to replace the existing Cable Television Networks (Regulation) Act, 1995, and other Policy Guidelines currently governing the broadcasting sector in the country.

The Bill streamlines regulatory processes, extends its purview to cover Over-the-Top(OTT) content and digital news, and introduces contemporary definitions and provisions for emerging technologies.  It seeks to provide Content Evaluation Committees and a Broadcast Advisory Council for self-regulation, different program and advertisement codes for different Broadcasting Network Operators, Accessibility measures for persons with disabilities, and statutory penalties, etc.

Key Highlights of the draft Broadcasting Services (Regulation) Bill, 2023:

• Consolidation and Modernization: It addresses a long-standing need to consolidate and update the regulatory provisions for various broadcasting services under a single legislative framework.
• This move streamlines the regulatory process, making it more efficient and contemporary.
• It extends its regulatory purview to encompass broadcasting over-the-top (OTT) content and digital news and current affairs currently regulated through IT Act, 2000 and regulations made there under.
• Contemporary Definitions and Future-Ready Provisions: To keep pace with the evolving technologies and services, the bill introduces comprehensive definitions for contemporary broadcasting terms and incorporates provisions for emerging broadcasting technologies.
• Strengthens the Self-Regulation Regime: It enhances self-regulation with the introduction of ‘Content evaluation committees and evolves the existing Inter-Departmental Committee into a more participative and broader ‘Broadcast Advisory Council’.
• Differentiated Programme Code and Advertisement Code: It allows for a differentiated approach to Programme and Advertisement Codes across various services and requires self-classification by broadcasters and robust access control measures for restricted content.
• Accessibility for Persons with Disabilities: The bill addresses the specific needs of persons with disabilities by providing enabling provisions for the issue of comprehensive accessibility guidelines.
• Statutory Penalties and Fines: The draft Bill introduces statutory penalties such as advisory, warning, censure, or monetary penalties, for operators and broadcasters. Provision for imprisonment and/or fines remains, but only for very serious offenses, ensuring a balanced approach to regulation.
• Equitable Penalties: Monetary penalties and fines are linked to the financial capacity of the entity, taking into account their investment and turnover to ensure fairness and equity.
• Infrastructure Sharing, Platform Services, and Right of Way: The bill also includes provisions for infrastructure sharing among broadcasting network operators and carriage of platform services.
• Further, it streamlines the Right of Way section to address relocation and alterations more efficiently, and establishes a structured dispute resolution mechanism.

Arguments in Support of the Bill:

• Revamped Legal Framework: This legislation signifies a departure from the Cable Television Networks Regulation Act of 1995.
• The Information & Broadcasting Minister lauds it as a "crucial law" designed to modernize the regulatory framework, aligning with the dynamic landscape of OTT, digital media, DTH, IPTV, and emerging technologies.
• Additionally, it incorporates comprehensive accessibility guidelines for the Divyangjan community.
• Empowerment of Broadcasters: The bill introduces provisions aimed at empowering broadcasters through self-regulation mechanisms.
• Striving for a delicate balance between regulatory oversight and industry autonomy is a key objective.
• Tailored Approach to Codes: The draft Bill permits a "differentiated approach" to Programme and Advertisement Codes across diverse services.
• This approach enables the tailoring of regulations to accommodate the unique nature of linear and on-demand content, providing content creators with increased flexibility and relevance.
• Equitable Measures: Monetary penalties under this bill are intricately tied to the entity's investment and turnover, ensuring fairness.
• Penalties are proportionally determined based on the financial standing of the entity, meaning that larger corporations with higher investments and turnovers may face more substantial fines compared to smaller entities with limited financial capacity.
• Inclusive Stakeholder Participation: The bill emphasizes stakeholder involvement through public consultation, a move applauded by the industry.
• The government's initiative to establish a unified law is welcomed, with expectations that it will streamline compliance and enforcement processes.

Arguments Against the Bill:

• Concerns about Control and Regulation: There are concerns surrounding whether the bill's emphasis is truly on public service or if it leans more towards expanding government control and regulation.
• Some worry that the bill might amplify government control over digital infrastructure and influence citizens' viewing choices.
• Ambiguities in Draft Provisions: Specifically, point 36 in the draft raises concerns about its broad and ambiguous language, providing authorities with the power to restrict content.
• Questions arise regarding the role of "authorized officers" working under government direction.
• Potential Impact on Minority Communities: Apprehensions exist that the bill could lead to the erasure or selective representation of Indian minority communities.
• The draft's vague language may be susceptible to exploitation, promoting a universal majority identity for India.
• Challenges with Cable Regulation: The Cable Television Networks (Regulation) Act of 1995, initially targeting illegal cable operators, faced transparency issues due to a nexus involving operators, politicians, entrepreneurs, and broadcasters.
• The new bill fails to address loopholes and problems in implementing the existing Act, including conflicts of interest and opaque practices within the Indian media industry.
• Government's Trust Deficit: Critics point to the government's recent history with media regulation, highlighting a pattern of unfulfilled promises and questionable outcomes.
• The bill is compared to the controversial IT Rules of 2021 introduced for national welfare.
• Concerns about Oligopolistic Media Ownership: Amid debates on "cultural invasion" and "anti-national" programming, some argue that the connection between government officials and media houses may foster oligopolistic media ownership.

Notable Omissions from the Bill:

• Lack of Regulation on Ownership: The bill overlooks concerns related to ownership within the media landscape, mirroring the oversights in the TRAI paper.
• Despite placing emphasis on audience measurement methodologies, the absence of provisions regulating cross-media and vertical ownership is apparent.
• Cross-media ownership, previously identified as a threat to diversity by TRAI, consolidates media power, with interconnected interests of cable and DTH distributors, news broadcasters, and telecom companies potentially restricting the array of available news sources.
• Absence of an Independent Broadcast Regulator: The bill remains silent on the establishment of an independent broadcast regulator, a concept previously endorsed in the 'airwaves' judgment of 1995, the 1997 Broadcasting Bill, and reiterated in the 2007 iteration.
• Instead of proposing an independent regulator, the bill introduces a 'Broadcast Advisory Council' tasked with addressing viewer grievances and violations of the Programme Code and Advertisement Code.
• Concerns arise about the Council's ability to handle grievances from a broad audience and questions surface regarding its autonomy.

The Way Ahead: Urgent Requirement for Conflict of Interest Regulation

• The Indian government has not effectively managed conflicts of interest in the media industry, especially the connections between MSOs (Multi-Service Operators), politicians, and vertical integration.
• As this has led to a loss of trust, a regulation on conflicts of interest is the need of the hour.

Conclusion

The essence of Broadcasting Regulation goes beyond mere compliance; it revolves around fostering an environment conducive to growth, and innovation, and ensuring fair access to communication services. Striking the right balance between regulatory oversight and industry autonomy is crucial for India to strategically position itself for sustained success in the rapidly evolving telecommunications sector.

Why is it in the News?

Hundreds of fish dead, no drinking water, food or other supplies — the latest spell of drought in the Amazon rainforest has disrupted the lives of tens of thousands of Indigenous people.

Amazon Rainforest Drought:

• In the period from July 2023 to September 2023, eight Brazilian states experienced the lowest rainfall in over four decades.
• Projections indicate that rainfall is expected to remain below average until the year's end.
• This recent calamity further contributes to the ongoing destruction of the Amazon, often referred to as the planet's lungs due to its role in storing over 150 billion metric tonnes of carbon.

Impact of the Drought:

• Depletion of Water Bodies: The Rio Negro, among the world’s largest rivers, registers a historic low of 13.59 meters.
• The Madeira River, a crucial Amazon tributary, experiences a decline, causing the suspension of operations at the Santo Antonio hydroelectric dam due to exceptionally low water levels.
• Loss of Marine Life: Elevated mortality among fish and river dolphins (Boto) results from the drought's impact on water levels.
• Carcasses contaminate water sources, compelling residents to use compromised water for essential activities like cooking, bathing, and drinking.
• State of Emergency and Humanitarian Concerns: Brazilian authorities express apprehension about approximately 500,000 people being affected by the end of October.
• Manaus, the largest city in Amazonas, declares states of emergency in 55 out of 62 municipalities due to acute water shortages.
• Escalation of Wildfires: The rainforest, now more susceptible due to extreme dry conditions, witnesses a surge in wildfires.
• Amazonas state records an unprecedented 2,700 blazes this month, marking the highest for October in the past 25 years.
• Deteriorating Air Quality in Manaus: Smoke from wildfires adversely impacts air quality in Manaus, a city of two million in the heart of the Amazon.
• Hazardous pollution levels pose health risks, leading to respiratory issues for children and older residents, prompting hospitalisations.

What are the Reasons Behind this Drought?

• Droughts are not unprecedented in the Amazon, with the most notable recent instance occurring in 2021, marking the driest period in at least 90 years.
• The current drought, however, appears to be even more severe, attributable to two simultaneous natural phenomena impeding cloud formation and exacerbating the already diminished rainfall levels in the region.
• Influence of El Niño: El Niño denotes an abnormal warming of surface waters in the equatorial Pacific Ocean.
• This weather pattern tends to elevate the likelihood of setting temperature records and induces heightened heat extremes across various global regions, including the ocean.
• Elevated Water Temperatures in the Atlantic Ocean: The other contributing factor is the unusually high water temperatures observed in the northern tropical Atlantic Ocean.
• Elevated ocean temperatures prompt the ascent of heated air into the atmosphere, reaching the Amazon rainforest.
• The warmth inhibits cloud formation, resulting in a substantial reduction in rainfall.

Studies Highlighting Concerns for the Future of the Amazon Rainforests:

• Numerous studies over the years have consistently warned that the Amazon faces an increased risk of prolonged and more frequent droughts due to escalating global temperatures.
• A 2022 research publication in the Proceedings of the National Academy of Sciences (PNAS) projected that if current fossil fuel consumption rates persist, the rainforest could endure significant droughts in 9 out of every 10 years by 2060.
• Another study, featured in the journal Nature in 2022, disclosed a concerning trend: Amazon's diminished ability to recover from prolonged droughts over the last two decades, bringing it dangerously close to a tipping point.
• Crossing this threshold could result in the transformation of the lush green forest into a drier open savanna, releasing substantial stored carbon and contributing to further global warming.
• With 17 to 20 percent of the Amazon destroyed in the past five decades, urgent measures are imperative to combat deforestation and greenhouse gas emissions, and where feasible, undertake reforestation initiatives in the depleted areas, as advocated by experts.

About Amazon Rainforests:

• Amazon is the world’s largest tropical rainforest covering over 5.5 million square kilometres.
• Tropical forests are closed-canopy forests growing within 28 degrees north or south of the equator.
• Due to the thickness of the canopy (the top branches and leaves of the trees), the Amazon floor is in permanent darkness.
• Tropical forests are very wet places, receiving more than 200 cm of rainfall per year, either seasonally or throughout the year.
• The Amazon is found in South America, spanning across Brazil, Bolivia, Peru, Ecuador, Colombia, Venezuela, Guyana, Suriname and French Guiana.
• Running through the north of the rainforest is the Amazon River — a network of many hundreds of waterways that stretches 6,840km.
• Around 400-500 indigenous Amerindian tribes call the Amazon rainforest home.
• It’s believed that about fifty of these tribes have never had contact with the outside world!
• The Amazon has an incredibly rich ecosystem – there are around 40,000 plant species, 1,300 bird species, 3,000 types of fish, 430 mammals and a whopping 2.5 million different insects. Wow!
• The Amazon is home to a whole host of fascinating – and deadly! – creatures, including electric eels, flesh-eating piranhas, poison dart frogs, jaguars and some seriously venomous snakes.
• This area of immense natural beauty plays an important role in limiting climate change. This is because the rich vegetation takes carbon dioxide (a greenhouse gas) out of the air and releases oxygen.

Why is it in the News?

As part of the EU’s environmental monitoring program, the European Space Agency Copernicus Sentinel-5P satellite detected a giant hole in the ozone layer over Antarctica recently.

What is an Ozone Hole?

• An ozone hole refers to a region in the stratosphere above Antarctica where the ozone layer experiences significant depletion.
• Contrary to the term "hole," it doesn't imply a complete absence of ozone; rather, scientists use the term metaphorically to indicate an area where ozone concentrations fall below the historical threshold of 220 Dobson Units.
• The dimensions of the ozone hole over Antarctica fluctuate annually, typically forming in August and dissipating by November or December, driven by distinct climatic conditions in the region.

Mechanism Behind Ozone Hole Formation:

• The emergence of the ozone hole is linked to the Earth's rotation, creating specific winds over the enclosed Antarctic landmass.
• The polar vortex, characterized by robust winds around the poles, is a key factor in the dynamics of the ozone hole.
• During winter, the polar vortex forms due to temperature variations, acting as a barrier that separates polar air from warmer air at lower latitudes.
• This isolation fosters the formation of polar stratospheric clouds (PSCs), triggering reactions leading to ozone depletion.
• Chemical processes occurring on the surface of PSCs activate chlorine and bromine compounds, particularly chlorine, acting as catalysts in ozone-depleting reactions.
• When exposed to sunlight, these compounds catalyze the breakdown of ozone molecules.
• The size and intensity of the polar vortex directly influence the extent of ozone depletion.
• As the vortex weakens in spring, the mixing of polar air with warmer air from lower latitudes gradually closes the ozone hole, contributing to the restoration of the ozone layer.

What Caused the Giant Ozone Hole in 2023?

• Scientists believe this year’s big ozone hole could be due to the volcanic eruptions at Hunga Tongain Tonga during December 2022 and January 2023.
• In contrast to typical volcanic eruptions that release gases primarily within the lower atmosphere, this specific event ejected a substantial quantity of water vapour into the stratosphere.
• The presence of water vapour, along with other ozone-depleting elements such as bromine and iodine, had repercussions on the ozone layer through chemical reactions, ultimately modifying its heating rate.

Human-caused Ozone Holes:

• While this year’s Antarctic ozone hole was likely due to a volcanic eruption, scientists became aware that human activities were creating huge ozone holes in the 1970s.
• Ground and satellite-based measurements detected the holes, which were caused by the widespread use of chemicals called chlorofluorocarbons.
• “The culprit behind ozone depletion was not aerosols in aerosol cans, but the propellants we use as gases to propel the solutions inside.
• These gaseous propellants contain chlorine, which is released high in the stratosphere and depletes the ozone.
• The world took action after scientists raised alarm over the ozone holes, and quickly.
• In 1987, The Montreal Protocol was created to protect the ozone layer by phasing out the production of these harmful substances.
• The protocol was effective as ozone holes got smaller in the decades after ozone-depleting gas emissions were controlled.

Is there any Relation Between Climate Change and Ozone Holes?

• Ozone depletion is not considered a primary catalyst for global climate change.
• Nevertheless, there are indications that the rising global temperatures associated with climate change may impact the dynamics of ozone holes.
• Recent instances of substantial ozone holes have been associated with climate change, particularly the escalation of wildfires.
• The heightened frequency and intensity of wildfires, often exacerbated by climate change, release more smoke into the stratosphere, potentially contributing to additional ozone depletion.
• While ozone holes may yield a cooling effect by diminishing the greenhouse gas impact (as the loss of ozone allows slightly more heat to escape into space from that region), they can also disrupt the normal progression of seasons, leading to prolonged wintertime conditions.

What is Ozone (O3)?

• Formation: Ozone molecules result from the interaction of ultraviolet (UV) radiation from the Sun with O2 molecules.
• During this process, an O2 molecule is split, and the two liberated oxygen atoms combine with other O2 molecules, forming O3 molecules.
• While oxygen (O2) constitutes 21% of Earth's atmosphere, ozone makes up less than 0.001%.
• Ozone Layer: The ozone layer, crucial for life on Earth, is primarily generated in the stratosphere where UV radiation is more intense due to thinner air at higher altitudes.
• This region, known as the 'ozone layer,' spans approximately 10 to 40 km in altitude, with a peak of around 25 km.
• Significance of Ozone Layer: The ozone layer plays a vital role in protecting life on Earth by absorbing the most harmful type of UV radiation, UV-B radiation, with wavelengths between 280 and 315 nanometres.
• Shielding against UV rays is significant in reducing skin cancer rates, as most skin cancers are linked to excessive UV radiation exposure.
• As UV radiation is absorbed by ozone in the stratosphere, it leads to the heating of the surrounding air, creating the stratospheric temperature inversion.
• Measurement of Stratospheric Ozone: Stratospheric ozone is quantified as the total amount present in an atmospheric column in Dobson units.
• One Dobson unit represents the amount of ozone that would form a layer 0.01 mm thick at average sea-level pressure and temperature.
• Ozone Production:  Most stratospheric ozone is produced at tropical latitudes, and high-altitude winds disperse it globally.
• Ozone undergoes continual formation and breakdown, with its distribution across the planet being neither uniform nor constant.
• Natural processes historically balanced ozone formation and breakdown, but human activities in recent decades have accelerated ozone depletion.
• Ground-level ozone formation contributes to 'photochemical smog,' posing a health hazard when ozone levels become elevated due to its toxic nature.

Why is it in the News?

A Qatar court has reduced the death sentences awarded to eight former Indian Navy personnel last month in connection with an alleged case of espionage.

What is the Case?

• Arrest of Eight Navy Personnel: On August 30, 2022, eight former Indian Navy personnel, accompanied by two others, were apprehended under undisclosed charges and subsequently placed in solitary confinement.
  • These individuals were affiliated with Al Dahra Global Technologies and Consultancy Services, a defense services provider company.
  • Sources indicate that the Indian nationals were privately engaged with the company to supervise the induction of Italian small stealth submarines U2I2.
  • The company's previous website, now defunct, mentioned its provision of training, logistics, and maintenance services to the Qatari Emiri Naval Force (QENF).
• Charges Against the Men: The specific charges against the individuals have not been publicly disclosed; however, media reports suggest that the eight Indians are accused of espionage on behalf of Israel.
• Death Penalty for Navy Veterans: In March 2023, after multiple unsuccessful bail pleas, the trial for the Navy veterans commenced, culminating on October 26, 2023, with the imposition of the death sentence on all eight men.
• India's Appeal: In November 2023, the Ministry of External Affairs (MEA) announced the filing of an appeal, revealing that its legal team possessed details of the charges.
  • The Indian ambassador in Doha visited the incarcerated individuals on December 3, providing consular access.
  • This access occurred shortly after Prime Minister Modi met Qatar’s Emir Sheikh Tamim bin Hamad Al-Thani during the COP28 summit in Dubai on December 1.

What Options Has India Explored?

• One avenue involves legal challenges, a step that has been acknowledged and has temporarily mitigated the sentence.
• Concurrently, India has actively utilized diplomatic channels to engage with the Qatari authorities.
• The families have submitted a mercy plea to the Emir of Qatar, leveraging the tradition of pardons granted during Ramadan and Eid, with support from the Indian government.

India-Qatar Bilateral Relations:

• Economic Ties: In recent years, the trade volume between India and Qatar has witnessed fluctuations.
  • During the fiscal year 2015-2016, trade between the two nations reached an impressive $10 billion.
  • However, recent years have seen a slight decline in trade due to falling gas and oil rates in the international market.
• Trade Statistics and Import Dependence: In the fiscal year 2022-23, India's total imports from Qatar amounted to $16.81 billion, primarily in fossil fuels like liquefied petroleum gas (LPG), plastics, and petrochemical products.
  • Conversely, India's exports to Qatar during the same fiscal year were valued at $1.97 billion, covering items such as cereals, copper articles, iron and steel products, vegetables, fruits, spices, and processed food items.
• Investment Interests and Collaborative Projects: Qatari authorities, particularly the Qatar Investment Authority, express interest in investing in India, focusing on infrastructure development, roads, highways, economic corridors, and projects related to gas and fertilizers.
  • India reciprocates with a keen interest in direct investments in liquefied natural gas, chemical industries, fertilizer production, urea, petrochemicals, and infrastructure projects.
• India's Growing Energy Needs: India, with its growing energy needs, has a robust energy partnership with Qatar, dating back to a 1990 agreement.
  • This commitment involves India purchasing 7.5 million tonnes of LNG annually for 25 years.
  • The collaboration was further strengthened in December 2015, with Qatar agreeing to augment its LNG supply to India by an additional one million tonnes annually.
• Collaboration in Defence Affairs: India's defense collaboration with Qatar focuses on training, mutual participation in conferences and events, and visits by Indian Navy and Coast Guard vessels.
  • Notably, the joint naval exercise 'Zair-Al-Bahr' showcases significant cooperation between the Indian and Qatari Navies.
  • Both nations are committed to combating the financing of terrorism.
• Cultural Interaction: The Indian Cultural Centre (ICC) plays a crucial role in overseeing Indian community associations in Doha.
  • Qatar's role as a co-sponsor of the United Nations General Assembly Resolution designating June 21 as the International Day of Yoga is highly valued by India.
• Indian Diaspora in Qatar: The Indian community in Qatar, numbering approximately 700,000, constitutes the largest expatriate group.
  • Their contributions span diverse sectors, including projects related to the Qatar 2022 FIFA World Cup, and annual remittances to India are estimated at around 750 million dollars.
• Indispensable Role of Qatar as an LNG Supplier: The cornerstone of the bilateral trade relationship lies in liquefied natural gas (LNG), where Qatar plays a pivotal role by meeting 80% of India's LNG requirements.
  • India imported a total of 19.85 million tonnes of LNG in the fiscal year 2022-23, with approximately 54% of this LNG.
  • This significant reliance on Qatar, both through long-term contracts and spot purchases, underscores the challenge of diversifying India’s sources of LNG.

Challenges in India-Qatar Bilateral Relations:

• BJP Spokesperson's Controversy: The initial strain in the relationship arose in June 2022 when BJP spokesperson Nupur Sharma made derogatory references to the Prophet on a TV show.
  • Qatar was the first country to object and demanded a public apology from India.
• Jailing of Navy Personnel: The second significant challenge involves the imprisonment of eight ex-Navy personnel.
  • This development caught New Delhi off guard, particularly given the substantial Indian expatriate community in Qatar, where 800,000 Indians live and work.
• Israeli-Gaza Conflict: The news of the death penalty for the Indians coincided with heightened tensions in the Middle East due to the Israeli bombardment of Gaza.
  • Qatar, with its strong sympathy for the Palestinians, has played a mediating role, including securing the release of American hostages from Hamas captivity.
  • Qatar's diplomats are actively engaged as regional mediators in the ongoing crisis.

Maximizing Opportunities for Strengthened Relations:

• Safeguarding Expatriate Workers: India must engage in negotiations aimed at ensuring the protection of the rights and well-being of its expatriate workers in Qatar, who have encountered various labour-related challenges.
• Cultural Exchange and Soft Power: Recognizing the widespread popularity of Bollywood among Qataris, India should actively explore diverse avenues for cultural exchange to amplify its soft power influence.
  • This cultural diplomacy can serve as a bridge for deeper understanding between the two nations.
• Cooperation in the Education Sector: The presence of esteemed Western universities in Qatar presents an opportunity for Indian students to access quality education abroad without the usual constraints of long distances and high living costs.
  • Strengthening cooperation in the education sector can further elevate the resilience and depth of the India-Qatar relationship, even in the face of seemingly intractable diplomatic challenges.
• Collaborative Environmental Sustainability: India and Qatar can forge a collaborative path towards fostering a cleaner and more energy-efficient environment.
  • Joint efforts in environmental sustainability can contribute to shared global goals.

Why is it in the News?

Following the recent presidential elections in Maldives, there are concerns about the potential impact on India-Maldives relations due to the 'India-Out' campaign led by President-elect Mohamed Muizzu.

Context:

• The recent election in Maldives resulted in the victory of a candidate perceived as Pro-China for the presidential role, sparking apprehensions for India.
• Maldives had a historical shift from an Executive Presidency system dating back to 1968 to a multi-party democracy in 2008.
• The absence of a re-elected incumbent president since 2008 is causing concern for India on this occasion.

Geographical Bonds Between India and Maldives:

• The Maldives is an archipelago spread across 90,000 square kilometres, predominantly comprising 99.6% of the ocean, leaving the remaining land scattered among over 1,200 islands.
• A concerning forecast by experts suggests that by 2050, 80% of the Maldives may face submersion due to the effects of 'Global Boiling.'
• In this geographical tapestry, India emerges as the closest neighbour, positioned just 70 nautical miles away.
• In times of crisis, it is India alone that stands as Maldives' immediate and unwavering ally.
• The profound words of Ibn Khaldun, the Tunisian philosopher, find resonance in the destiny woven by geography between these two nations.
• As he asserted, geography plays a pivotal role, and in the case of India and the Maldives, it s

How Has India Assisted the Maldives in the Past?:

• Essential Support and Communication Dependence: Historically, Maldives has leaned on India for essentials and communication, with India standing as a consistent and indispensable factor in the island nation's development.
• Even during the British protectorate years (1887-1965), Maldives relied on India for essentials and as a gateway to the outside world.
• State Bank of India's Role in Tourist Economy: India played a pivotal role in shaping Maldives' tourist economy, with the State Bank of India serving as a major financier in building the foundation of the country's tourism sector.
• This enduring support positions the State Bank of India as the largest bank in the Maldives to this day.
• Non-Interference in Internal Developments: Crucially, India has refrained from interfering in Maldives' internal affairs, offering support during critical moments such as the attempted coup in 1988 and subsequent assistance in various forms over the decades.
• The profound dependence of Maldives on India, coupled with India's unconditional support, has played a pivotal role in the island nation's emergence as the highest per capita country in South Asia.
• India's Prompt Response in Crises: During three major crises in 1988 (coup), 2004 (tsunami), and 2014 (water shortage), India emerged as the first responder, exemplifying its commitment to Maldives' well-being.
• Critical Role of Indian Professionals: In education and health, Indian teachers and doctors continue to play crucial roles, extending their influence even to remote inhabited islands.
• Strategic Defense Cooperation: The strategic defence cooperation between India and Maldives goes beyond material assistance, focusing on capacity building through joint exercises like Ekuverin and Ekatha, as well as collaboration in surveillance assets, training 1,400 MNDF trainers in recent years, and disaster management efforts.

What is the Current Situation of India-Maldives Bilateral Relations?

• India stands as the predominant partner in various sectors, be it trade or tourism.
• Demonstrating commitment to elevating Maldives' infrastructure, India is actively engaged in projects such as enhancing connectivity in Greater Male.
• India plays a vital role in supplying a diverse range of essential commodities in bulk, including rice, wheat flour, sugar, potatoes, onions, eggs, vegetables, and even special dispensations like river sand and construction materials.

India's Strategic Interests in Maldives:

• Strategic Significance: Maldives holds paramount importance for India as a primary line of defense against various threats, including terrorism, piracy, drug trafficking, narcotics, and maritime crimes.
• Geographically, Maldives is strategically positioned merely 70 nautical miles from Minicoy and 300 nautical miles from India's West coast.
• It serves as a pivotal point within the commercial sea lanes traversing the Indian Ocean.
• Geo-Political Alignment: India's interests in Maldives align on various fronts, encompassing:
• Securing sea lanes of communication.
• Combating piracy and sea-based terrorism.
• Transforming the Indian Ocean into a conflict-free zone, restoring its status as a peaceful maritime region.
• Exploring the potential of the blue economy and enhancing trade relations.
• Internal Security Concerns: Maldives' proximity and shared maritime borders have direct implications for India's internal security.
• The upsurge in Maldivians joining terrorist groups, such as the Islamic State (IS), poses a significant challenge.
• Political instability and socio-economic uncertainties contribute to the growth of Islamist radicalism, raising concerns about the potential use of remote Maldivian islands as launch pads for terror attacks against India and its interests.

What are the Challenges to India-Maldives Bilateral Relations?

• Rising Islamic Radicalization: The Maldives has witnessed an alarming increase in per capita numbers of individuals joining foreign terrorist groups in Syria and Iraq.
• A 2020 report by the European Foundation for South Asian Studies highlights the challenge of growing Islamic radicalization among the Maldivian population.
• India Out Campaign: The India Out campaign, supported by Maldives' opposition leader Abdulla Yameen and the newly elected president, projects a sceptical view of India's investments and defence partnerships.
• Allegations include concerns about compromising the sovereignty of the island nation by allowing Indian military presence, fostering a negative sentiment towards India's role as a net-security provider.
• The China Factor: China's engagement in the region is perceived as self-serving, characterized by debt financing leading to potential debt traps and China's expanding influence.
• Concerns arise over China's interference in Maldives' internal politics and support for conservative elements, posing a threat to the development of a vibrant democracy.
• There are apprehensions that elements aligning with China may perpetuate a legacy of controlled regimes from the Gayoom era, potentially compromising the nation's long-term interests.

Way Ahead for India-Maldives Relations: Detrimental Effects of Anti-India Campaigns

• India remains steadfast in its commitments to the Maldives, consistently investing in efforts to strengthen bilateral relations.
• Any hasty attempts to unravel this carefully nurtured partnership are poised to inflict more harm on the Maldives than on India itself.
• A telling example is the 2012 'GMR out' campaign, which cost Maldives a substantial $270 million payout to GMR.
• The Yameen era, marked by a pro-China policy, plunged Maldives into a debt crisis, underscoring the potential pitfalls of such geopolitical shifts.

Conclusion

Throughout the decades, India has been a reliable source of security assistance for Maldives, extending a hand of friendship and trust. It is anticipated that the newly elected President Muizzu will likely refrain from taking drastic measures that could alter the fabric of relations with India. While elections are often driven by emotions and promises, the pragmatic realities of governance may lead him to recognize the potential repercussions of undermining the longstanding ties with India.

Why is it in the News?

Indian banks continued to show improvement in their asset quality, with the gross non-performing asset (GNPA) ratio reaching a new decadal low as of September-end, according to a report by the Reserve Bank of India (RBI).

Key Points from the 'Trend and Progress of Banking in India' Report:

• The Gross Non-Performing Assets (GNPA) ratio of Scheduled Commercial Banks (SCBs) reached a decade-low of 3.9% by the end of March 2023, further declining to 3.2% by the end of September 2023.
• In the fiscal year 2022-23, approximately 45% of the reduction in Gross Non-Performing Assets (GNPAs) of SCBs was attributed to recoveries and upgrades.
  • The consolidated balance sheet of banks witnessed a notable growth of 12.2% in 2022-23, marking the highest in 9 years.
• The share of Public Sector Banks (PSBs) in the consolidated balance sheet decreased from 58.6% in March 2022 to 57.6% in March 2023, while private banks saw an increase from 34% to 34.7%.
  • As of March 2023, PSBs accounted for 61.4% of total deposits and 57.9% of total advances.
• With inflation persisting above the target, there is a possibility that monetary policy could remain in restrictive territory for an extended period.
• Acknowledging the growing interconnectedness between banks and Non-Banking Financial Companies (NBFCs), the report suggests that NBFCs diversify their funding sources and reduce reliance on bank funding.
• The central bank expresses concerns about banks lending to borrowers with influence, highlighting moral hazard issues that may compromise pricing and credit management.
• The Indian banking system is well-positioned for improvement, boasting better asset quality, high capital adequacy, and robust profitability.
• The financial indicators of NBFCs are anticipated to strengthen further, contributing to the overall resilience of the financial sector.

What are Non-Performing Assets (NPAs)?

• Non-performing assets (NPAs) refer to loans or advances in which the principal or interest payments have been overdue for a period exceeding 90 days.
  • In the context of banks, loans are considered assets due to the significant income generated through interest payments.
• When borrowers, whether individuals or corporations, fail to meet their interest obligations, the asset turns 'non-performing' for the bank, as it ceases to contribute to the bank's earnings.
• As per the Reserve Bank of India (RBI) guidelines, banks must publicly disclose their NPAs and report them to the RBI regularly.

The classification of NPAs includes:

• • Substandard assets: Loans that have been non-performing for up to 12 months.
  • Doubtful assets: Assets that have remained in the substandard category for a period of 12 months.
  • Loss assets: Assets deemed uncollectible, with little value, making their continuation as bankable assets unwarranted.
• NPA Provisioning involves setting aside a certain percentage of the loan amount as a provision.
  • The standard rate of provisioning in Indian banks ranges from 5-20%, depending on the business sector and borrower's repayment capacity.
  • In the case of NPAs, Basel-III norms require 100% provisioning.

Key metrics for understanding the NPA situation include Gross NPA (GNPA) and Net NPA (NNPA):

• GNPA: Represents the total value of gross NPAs for a bank in a specific quarter or financial year.
• NNPA: Obtained by subtracting the provisions made by the bank from the gross NPA, providing the precise value of NPAs after specific provisions.
  • NPA Ratios express NPAs as a percentage of total advances, offering insights into the recoverability of total advances. For example:
• GNPA ratio: The ratio of total GNPA to total advances.
• NNPA ratio: Utilizes net NPA to determine the ratio to total advances, considering the specific provisions made by the bank.

Government and RBI Initiatives to Address NPAs:

To tackle the issue of Non-Performing Assets (NPAs), the Indian government has implemented a series of comprehensive measures in collaboration with the Reserve Bank of India (RBI).

• Establishment of a Bad Bank: National Asset Reconstruction Ltd (NARC), operates as an asset reconstruction company with the primary objective of purchasing distressed loans from banks, thereby alleviating them of the burden of NPAs.
  • Once acquired, NARC endeavors to sell these problematic loans to distressed debt buyers.
  • Additionally, the government has established the India Debt Resolution Company Ltd (IDRCL) to facilitate the sale of stressed assets in the market.
• Empowering Banks through the SARFAESI Act, 2002: The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, enacted in 2002, empowers banks and financial institutions to take possession of collateral assets and execute their sale for the recovery of outstanding dues.
  • Crucially, this process does not necessitate intervention from the court.
  • The SARFAESI Act also provides provisions for enforcing security interests, allowing banks to issue demand notices to defaulting borrowers.
• Holistic Approach with the Insolvency and Bankruptcy Code (IBC), 2016: The Insolvency and Bankruptcy Code (IBC) establishes a comprehensive framework for the resolution of insolvency and bankruptcy in India.
  • It is designed to expedite the resolution process for stressed assets, fostering a creditor-friendly environment.
  • Under the IBC, both debtors and creditors have the authority to initiate insolvency proceedings against defaulting borrowers.
  • The creation of the National Company Law Tribunal (NCLT) and the Insolvency and Bankruptcy Board of India (IBBI) ensures effective oversight of the resolution process.

Significance of NPA Recovery:

• The recovery of NPAs assumes paramount importance in safeguarding the interests of depositors and stakeholders.
• Emphasizing compromise settlements, the focus should be on achieving maximum dues recovery with minimal expenses and within an expedited timeframe.
• In the pursuit of compromise settlements, public sector banks are urged to prioritize the interests of the tax-paying public over the borrowers.
• This aligns with the broader goal of ensuring that resolutions serve the greater public good.

Why is it in the News?

• While India has experienced positive outcomes from liberalization efforts, it is important to acknowledge a significant shortcoming—the country did not successfully establish a robust manufacturing foundation and underwent premature de-industrialization.
• It's crucial to recognize that no nation has achieved industrialization solely through deregulation.
• To facilitate the structural transformation of the economy, the implementation of a well-crafted industrial policy becomes imperative, with thoughtfully selected import restrictions serving as a key component of this policy mechanism.

The Make in India (MII) Initiative and Its Goals:

• Make in India Campaign: Officially inaugurated by Prime Minister Modi in September 2014, the Make in India campaign is a strategic effort aimed at advancing manufacturing, attracting foreign direct investment (FDI), fostering innovation, and generating employment opportunities within the nation.

Objectives of the Make in India:

• Advancing Manufacturing: The initiative strives to elevate India's status to a global manufacturing hub by encouraging both domestic and international companies to establish manufacturing units within the country.
• Attracting Foreign Investment: Make in India seeks to allure foreign direct investment by streamlining the business environment, simplifying regulatory norms, and providing incentives to foreign companies for investing in India's manufacturing sector.
• Infrastructure Enhancement: Emphasizing infrastructure development, the campaign focuses on improving key elements such as roads, ports, and logistics to ensure the seamless operation of manufacturing units.
• Skill Development: Recognizing the pivotal role of a skilled workforce in a thriving manufacturing sector, Make in India incorporates initiatives to enhance the skill sets of the Indian workforce, aligning them with the requirements of modern manufacturing.
• Innovation and Technology: The campaign places a significant emphasis on fostering innovation and integrating modern technology into manufacturing processes.
  • This strategic approach aims to enhance efficiency and competitiveness in the manufacturing sector.

Differentiating Made in India (MII) from Previous Policies:

• The Make in India campaign, launched in 2014, represents a departure from the self-sufficiency doctrine that India adopted in the 1970s.
  • It does not bring back memories of the licensing raj or import-substituting industries of the past.
• While concerns have been expressed about the implementation of Make in India, particularly in certain sectors where tariff duties are raised to provide protection and incentivize the establishment of domestic industries, it is crucial to note that the campaign is fundamentally different.
  • Worries about a potential spread of protectionist tendencies to other sectors, though possibly overstated, are not entirely unfounded, especially for those who experienced the challenges of the 1970s and 1980s.
• During those years, indiscriminate protectionism led to shortages, black markets, and widespread rent-seeking, all ostensibly in the name of the poor and distributive justice.
  • Producers who benefited from such protection actively advocated for its continuation.
  • Importantly, considering that an average mobile phone manufactured in India consists of 80-85 percent imported content (India Cellular and Electronics Association, 2022), it is empirically evident that Make in India significantly differs from the concept of self-sufficiency.
• Given these empirical distinctions, it is imperative to move beyond baseless comparisons and recognize the unique nature of the Make in India initiative.

Evaluation of Commitments and Performance of Make in India:

• A Sizeable Domestic Market Falls Short of Competitiveness in Exports: Make in India (MII) encompasses two related concepts, namely Made in India and Make for India, with MII serving as the foundational and overarching policy.
  • While Made for India focuses on manufacturing for the domestic market, it is essential to recognize that a substantial domestic market alone does not substitute for the crucial aspect of export competitiveness.
    • Historical examples, such as Japan, Korea, and China, underscore that export competitiveness has been a common feature of nations that have experienced significant economic growth.
• The necessity of an Effective Make in India Operation: Made in India functions as a branding strategy, promoting manufacturers rooted in Indian factors of production—land, labor, capital, entrepreneurship, technology, etc.
  • However, the success of Made in India hinges on the effectiveness of the broader Make in India operation.
• Alignment with National Manufacturing Policy (NMP 2011): Make in India was launched as a follow-up to prior initiatives, particularly the National Manufacturing Policy (NMP) of 2011, which aimed to cultivate a robust and competitive manufacturing sector.
  • The NMP 2011 identified challenges such as inadequate physical infrastructure, a complex regulatory environment, and insufficient availability of skilled manpower hindering manufacturing growth.
  • The policy set ambitious targets, including raising the manufacturing contribution to GDP from a stagnant 15 percent since the 1980s to at least 25 percent and generating 100 million additional jobs.
• Dynamic Objectives of Make in India: Beyond the objectives outlined in the NMP 2011, Make in India aspires to elevate India into a global design and manufacturing export hub.
  • In essence, Make in India envisions a transformation where India becomes a manufacturing powerhouse catering to the global market.

Requirement for Supplementary Industrial Policy Measures During Ongoing PLI Implementation:

• Diversified Articulation Beyond Production Linked Incentive (PLI): Beyond the current implementation of the Production Linked Incentive (PLI) scheme, there is a crucial need for an additional industrial policy tailored to sectors such as toys, readymade garments, and footwear.
  • A more nuanced and sector-specific articulation of industrial policies is essential to meet the unique requirements of diverse sectors.
• Emphasis on Job Creation: Industrial policy must prioritize job creation, especially in a country abundant in labour but with average educational attainments and skills.
  • Policies should be designed to create productive job opportunities, particularly focusing on labour-intensive manufacturing and opening avenues for women in the workforce.
• Addressing the Jobless Growth Critique: Acknowledging the criticism of jobless growth, the absence of quality jobs with social protection has contributed to this narrative.
  • Industrial policies should explicitly target mass job creation, considering both job quality and the provision of social protection.
• Navigating the Challenges of Inclusive Policy Formulation: The government should confront the complexities of formulating industrial policies that foster mass job creation, especially in comparison to policies solely focused on exports.
  • Inclusive policies that align with the overarching goal of creating high-quality jobs and ensuring social protection are essential.
• Treating Job Creation as the Benchmark: The effectiveness of industrial policies should be assessed based on their impact on mass job creation in India.
  • This underscores the significance of addressing concerns related to jobless growth and prioritizing policies that generate inclusive and high-quality employment opportunities.
• Confronting Labor Market Challenges: India's labour market research indicates the prevalence of low-paying, low-productivity, and largely informal jobs in the unorganized sector.
  • With more than 99 percent of India's 63 million micro, small, and medium enterprises (MSMEs) in the unorganized sector, there is limited flexibility for creating productive jobs.
• The assessment of how Make in India, complemented by other policies, has addressed these challenges is crucial.
  • However, the lack of frequent and short-interval official data poses a significant hurdle, necessitating attention to enhance policy efficacy through more regular and timely data collection.

Conclusion

A thorough examination of the nation's circumstances and capabilities is imperative for effective government decision-making.

• India must formulate an industrial policy that extends the advantages of technological advancements beyond just the privileged laptop class.
• However, it is essential to exercise caution in steering discussions on industrial policy, avoiding the pitfalls of showmanship, theoretical oversimplification, or misleading historical comparisons.
• The global landscape demands that India adopt a substantive industrial policy, placing a genuine emphasis on the significance of manufacturing.
• In this context, it is evident that there is no substitute for a well-considered and serious industrial policy.

Why is it in the News?

Bihar Chief Minister Nitish Kumar on Sunday urged Union Home Minister Amit Shah to give Bihar the status of Special Category State, during the meeting of the Eastern Zonal Council (EZC) in Patna.

Context:

• During the 26th meeting of the Eastern Zonal Council on 10th Dec. which was chaired by Home Minister Amit Shah, Bihar Chief Minister Nitish Kumar urged the Home Minister to give Bihar the status of Special Category State.
• He also demanded that the Centre should place two amendment bills raising the quota for deprived castes from 50 to 65% in state government jobs and educational institutions in the 9th Schedule of the Constitution to make them to make them immune to legal scrutiny.
• The Ninth Schedule of the Constitution includes a list of Central and state laws that cannot be challenged in courts.
• In 1992, the Supreme Court capped reservations for the backward classes at 50 per cent.
• Regarding Caste Based Survey, he said the Central government never had any intention of creating hurdles in the caste-based survey.

What is a Special Category Status (SCS)?

• It is a classification granted by the Centre to assist the development of States that face geographical or socio-economic disadvantages.
• The SCS was introduced in 1969 on the recommendation of the Fifth Finance Commission (FC).
• Five factors such as:
• (i) hilly and difficult terrain
• (ii) low population density and/or sizeable share of tribal population
• (iii) strategic location along international borders
• (iv) economic and infrastructural backwardness and
• (v) non-viable nature of state finances, are considered before granting SCS.
• In 1969, three States — Jammu & Kashmir, Assam and Nagaland — were granted the SCS.
• Subsequently, eight more States including Arunachal Pradesh, Manipur, Meghalaya, Mizoram, Sikkim, Tripura, Himachal Pradesh, and Uttarakhand were given the SCS by the erstwhile National Development Council.

What are the Benefits of Special Status?

• The SCS States used to receive grants based on the Gadgil-Mukherjee formula, which earmarked nearly 30% of the total central assistance for States to the SCS States.
• However, after the abolition of the Planning Commission and the recommendations of the 14th and 15th FC, this assistance to SCS States has been subsumed in an increased devolution of the divisible pool funds for all States (increased to 41% in the 15th FC from 32%).
• Additionally, in the SCS States, the Centre-State funding of centrally sponsored schemes is divided in the ratio of 90:10, far more favourable than the 60:40 or 80:20 splits for the general category States.
• Besides, there are several other incentives available to the SCS States in the form of concession in customs and excise duties, income tax rates and corporate tax rates to attract investments to set up new industries etc.

Why is Bihar demanding the Special Category Status (SCS)?

• The demand for SCS for Bihar has been made by various political parties of the State time and again.
• The poverty and backwardness of the State are argued to be because of the lack of natural resources, continuous supply of water for irrigation, regular floods in the northern region and severe droughts in the southern part of the State.
• Simultaneously, the bifurcation of the State led to the shifting of industries to Jharkhand and created a dearth of employment and investment opportunities.
• With a per-capita GDP of around ?54,000, Bihar has consistently been one of the poorest States.

Is Bihar’s demand justified?

• Although Bihar meets most of the criteria for the grant of SCS, it does not fulfil the requirement of hilly terrain and geographically difficult areas, which is considered to be the primary reason for difficulty in infrastructural development.
• In 2013, the Raghuram Rajan Committee set up by the Centre, placed Bihar in the “least developed category” and suggested a new methodology based on a ‘multi-dimensional index’ for devolving funds instead of an SCS, which can be revisited to address the State’s socio-economic backwardness.

Do other States also want Special Category Status (SCS)?

• Since its bifurcation in 2014, Andhra Pradesh has asked for a grant of SCS on the grounds of revenue loss due to Hyderabad going to Telangana.
• Additionally, Odisha has also been requesting for the SCS, highlighting its vulnerability to natural calamities such as cyclones and a large tribal population (nearly 22%).
• However, the Central government citing the 14th FC report, which made a recommendation to the Centre that no State be accorded the SCS, has repeatedly denied their demands.

What are the Challenges Associated with Special Category Status (SCS)?

• Resource Allocation: The provision of Special Category Status (SCS) involves extending additional financial aid to the state, potentially straining the central government's resources.
• Balancing fund allocation among states becomes crucial, raising concerns about disparities or dissatisfaction among non-SCS states.
• Dependency on Central Assistance: States awarded SCS often develop a heavy reliance on central assistance, potentially discouraging efforts toward self-sufficiency and independent economic growth.
• Implementation Challenges: Even after receiving SCS, challenges may arise in effectively utilizing funds due to administrative inefficiencies, corruption, or inadequate planning. Ensuring the allocated funds serve their intended purposes remains a significant hurdle.

The Way Forward:

There is a necessity to review and refine the criteria for granting SCS to ensure fairness and transparency. Clearly defining eligibility parameters based on socio-economic indicators, infrastructure development, and other relevant factors is crucial.

Encourage states to formulate comprehensive development plans focused on sustainable growth, job creation, infrastructure development, and human capital enhancement. SCS should be part of a broader strategy for holistic development. 

Implement policies that gradually reduce states' dependence on central assistance, promoting self-sufficiency and economic diversification. States should be encouraged to generate their revenue streams.

Why is it in the News?

The  Lok Sabha on Wednesday (6th December 2023) took up the Central Universities (Amendment) Bill, 2023 for consideration and passing. The Bill amends the Central Universities Act, 2009, which establishes central universities for teaching and research in various states.

News Summary:

• Recently, the  Lok Sabha took up the Central Universities (Amendment) Bill, 2023 for consideration and passing.
• The Bill amends the Central Universities Act, 2009, which establishes central universities for teaching and research in various states.
• The Bill seeks to establish a Central Tribal University in Telangana which will be named ‘Sammakka Sarakka Central Tribal University’.

Background:

• This legislative proposal aligns with the commitments outlined in the Andhra Pradesh Reorganisation Act, 2014.
• The 2014 Reorganisation Act resulted in the division of the former state of Andhra Pradesh into Telangana and the remaining Andhra Pradesh state.
• As per this act, both Andhra Pradesh and Telangana were promised support to establish a tribal university each.

Key Features:

• Amendment to Central Universities Act, 2009: The bill involves amendments to the Central Universities Act, 2009, a legislation enacted to establish and incorporate universities dedicated to teaching and research across various states.
• Name of the Central Tribal University: The university is named as a tribute to the legendary mother-daughter duo, Sammakka and Sarakka.
• Addressing Regional Aspirations: The establishment of the Sammakka Sarakka Central Tribal University is poised to address and fulfil regional aspirations for the foreseeable future.
• Focus on Tribal Population: The university's primary objective is to offer avenues for higher education and research facilities, with a special emphasis on serving the tribal population of India.

About the Legend of Sammakka and Sarakka:

• As per the legends, Sammakka was married to a feudal chief of the Kakatiyas dynasty, Pagididda Raju who ruled over the Warangal region.
• She had two daughters and one son - Sarakka or Saralamma, Nagulamma and Jampanna, respectively.
• In the 13th century, Saralamma succumbed in a battle against local rulers protesting tax imposition, while Sammakka vanished into the hills.
• The local (Koya) tribals believed she transformed into a vermillion casket.

The Sammakka Saralamma Jatara:

• The Sammakka Sarakka Jathara, also known as Medaram Jathara, is a biennial festival that commemorates the 13th-century battle where the mother-daughter duo actively protested against local rulers imposing taxes on the Koya tribe.
• Sammakka and Sarakka are revered as protectors of the Koya tribe, and the festival is distinctively free from Vedic or Brahmanic influences.
• During the festival, devotees take a holy dip in Jampanna Vagu, a stream and tributary of the River Godavari.
• Commencing from Medaram, situated in the Eturnagaram Wildlife Sanctuary within the Dandakaranya forest, the Jathara involves Koya tribe priests performing rituals.
• Various tribal and non-tribal communities from Andhra Pradesh, Madhya Pradesh, Chhattisgarh, Odisha, Maharashtra, Karnataka, and Jharkhand actively participated in the event.
• Recognized as the second-largest fair in India and often likened to the Kumbh Mela for tribals, the festival holds the status of a state festival declared by the Telangana government.

Political and Cultural Significance of the Sammakka Saralamma Jatara:

• The festival attracts participation from the Union Ministry of Tribal Affairs and the Telangana state government, including the Chief Minister.
• Funding has been released for community shelters and infrastructure, and the Ministry of Tourism allocated Rs. 75.88 crore for the integrated development of a tribal circuit under the Swadesh Darshan Scheme.
• This circuit encompasses Mulugu, Laknavaram, Medavaram, Tadvai, Damaravi, Mallur, and Bogatha Waterfalls, where the Sammakka-Sarakka temple is located.
• Mulugu, a reserved Scheduled Tribes (ST) assembly seat with a population of approximately 2.6 lakhs (2011 Census), holds political and cultural significance with a 75% ST population.
• The UNESCO World Heritage Site of Ramappa Temple is situated about 15 km from Mulugu.

Koya Tribe

• The Koya tribe, recognized as the largest Adivasi tribe in Telangana, holds Scheduled Tribe status in the region.
• They are dispersed across the Telugu-speaking states of Telangana and Andhra Pradesh.
• The Koyas commonly refer to themselves as Dorala Sattam (Lords group) and Putta Dora (original lords).
• In their dialect, akin to Gonds, they identify as "Koitur."
• Habitat and Livelihood: The Godavari and Sabari rivers, integral to their habitat, significantly shape the economic, social, and cultural aspects of Koya life.
• Primarily settled cultivators, they engage in the cultivation of crops like Jowar, Ragi, Bajra, and various millets.
• Language: While some Koya individuals have adopted Telugu as their primary language, others in different regions still speak the Koya dialect.
• Religion and Festivals: Key deities in Koya religious practices include Lord Bhima, Korra Rajulu, Mamili, and Potaraju.
• Major festivals for the Koyas include Vijji Pandum (seeds charming festival) and Kondala Kolupu (festival to appease Hill deities).
• Cultural Practices: During festivals and marriage ceremonies, the Koyas showcase a vibrant and robust dance known as Permakok ata (Bison horn dance).

Why is it in the News?

The Supreme Court in a 5-0 unanimous ruling upheld the Centre’s abrogation of Article 370 of the Constitution on December 11.

News Summary:

• A five-member Constitution bench of the Supreme Court, headed by Chief Justice D.Y. Chandrachud, unanimously upheld on December 11 the abrogation of Articles 370 and 35A and the carving out of Ladakh as constitutionally valid.
• The SC noted that Article 370 was a temporary provision and that the erstwhile State of Jammu and Kashmir had no internal sovereignty.
• The top court has directed the Election Commission to ensure elections are held to the J&K assembly by September 30, 2024.
• The court has also recommended the government form a truth and reconciliation commission to record the human rights abuses in Jammu and Kashmir by both state and non-state actors.

Key Highlights from the Judgment:

• Regarding the 'unique' and 'special status' of Jammu and Kashmir: The Supreme Court clarified that J&K lost its sovereignty after acceding to India in 1947.
• Despite an initial proclamation by Maharaja Hari Singh expressing intent to retain sovereignty, his successor, Karan Singh, declared that the Indian Constitution would prevail.
• This proclamation, issued on November 25, 1949, repealed the Government of India Act, 1935, and made the Constitution of India applicable to J&K, essentially merging it with India.
• On Jammu and Kashmir being an integral part of India: Chief Justice Chandrachud cited Section 3 of the J&K Constitution, along with Articles 1 and 370 of the Indian Constitution.
• Article 3 of the J&K Constitution explicitly states that the state is an integral part of the Union of India.
• The court emphasized that having its own Constitution did not confer special status; it aimed at everyday governance, while Article 370 intended integration with India.
• On the restoration of statehood: The court deemed the reorganization into Union Territories in 2019 as temporary and directed the Centre to restore statehood and conduct Legislative Assembly elections.
• Article 370 - temporary or permanent: The Supreme Court affirmed that Article 370 is a temporary, transitional provision, originally meant for the specific circumstances during the state's accession to India in 1947.
• Concerning the effective abrogation of Article 370: The Court upheld both presidential proclamations of August 2019, including the redefinition of the 'constituent assembly of Jammu and Kashmir' as the 'Legislative Assembly of Jammu and Kashmir.'
• It referred to the 'SR Bommai v Union of India' ruling, asserting that actions taken during the President's rule were not prima facie malafide.
• Truth and Reconciliation Commission: Justice Sanjay Kaul proposed establishing a Truth and Reconciliation Commission to investigate alleged human rights violations by both state and non-state actors in J&K.
• Such a commission would officially acknowledge and disclose past wrongdoings to address and resolve historical conflicts.

What is Article 370 of the Constitution of India?

• On October 17, 1949, Article 370 became part of the Indian constitution as a 'temporary provision.'
• This article granted special privileges to Jammu & Kashmir, allowing it to create its own constitution and limiting the legislative powers of the Indian Parliament in the state.
• Origin: N Gopalaswami Ayyangar introduced Article 370 as Article 306 A in the draft constitution.
• Provisions: Under Article 370, the Constituent Assembly of Jammu & Kashmir had the authority to recommend which articles of the Indian Constitution should be applicable to the state.
• After drafting the state's constitution, the J&K Constituent Assembly was dissolved.
• Clause 3 of Article 370 gives the President of India the power to amend its provisions and scope.
• Article 35A: Stemming from Article 370, Article 35A was introduced in 1954 through a Presidential Order based on the J&K Constituent Assembly's recommendation.
• It empowers the Jammu & Kashmir legislature to define the state's permanent residents and their special rights and privileges.

Abrogation of Article 370:

• On August 5, 2019, the Government of India, repealed nearly all provisions of Article 370 in the Indian constitution.
• The President issued The Constitution (Application to Jammu And Kashmir) Order, 2019 on the same day.
• This order substituted the term ‘Constituent Assembly’ in Article 370(3) with ‘Legislative Assembly [of Jammu & Kashmir].’
• It's important to note that the Order technically modified the interpretation clause of Article 367, not Article 370 itself; it utilized Article 370(1) for this purpose.
• Subsequently, a Statutory Resolution was presented in the Rajya Sabha, leading to the abrogation of the majority of Article 370.
• This action was possible without the concurrence of the Jammu & Kashmir Legislative Assembly as the State was under the President’s rule.
• On August 6, Parliament approved the Jammu and Kashmir Reorganisation Bill, 2019, dividing the State into two Union Territories: Jammu & Kashmir and Ladakh, with the former being provided with a legislative assembly.

The Supreme Court’s ruling is in line with what the Centre had argued during the hearing. The Union government had said the 1949 proclamation accepted the supremacy of the Indian Constitution and surrendered sovereignty to it, where the sovereign was ‘We the people of India’.

Why is it in the News?

As India hosts the GPAI summit 2023, discussions are raised on the comparison of the nuclear revolution with advancement in Artificial Intelligence.

Context:

• As India prepares to host the GPAI summit next week, the current discourse on the geopolitics of Artificial Intelligence inevitably revolves around the nuclear experience.
• India, with its complex nuclear history, now has the opportunity to reflect on and apply lessons from its nuclear journey in addressing the challenges and opportunities presented by AI.

What is Artificial intelligence (AI)?

Artificial Intelligence (AI) is the development of computer systems that emulate human intelligence, encompassing tasks like learning, reasoning, and problem-solving.

• Significance in Healthcare: AI aids in disease diagnosis, treatment planning, and data-driven healthcare solutions.
• Economic Impact: AI optimizes financial processes, enhancing trading strategies, risk management, and overall efficiency in various industries.
• Automation and Efficiency: In manufacturing and logistics, AI-driven automation streamlines processes, improving productivity.
• Personalized Experiences: AI enhances user experiences through personalized content recommendations, virtual assistants, and language translation.
• Research and Development: AI accelerates scientific discoveries, innovation, and problem-solving across diverse fields.
• Autonomous Vehicles: AI contributes to the development of autonomous vehicles, improving safety and efficiency in transportation.
• Global Impact: AI is a transformative force with the potential to reshape industries, and decision-making, and address complex challenges, underlining its significance in the technological and societal landscape.

Despite its benefits, ethical concerns include data privacy, bias, and potential job displacement, requiring careful management.

Comparisons Between Nuclear Revolution and Ongoing AI Revolution:

• Profound Consequences: While inherently distinct, the nuclear revolution characterized by atomic bombs in 1945 shares notable similarities with the ongoing AI revolution.
• Both revolutions carry far-reaching implications, with AI being perceived as potentially exerting even more sweeping and transformative impacts on the economy, society, and polity.
• Resembling Governance Challenges: Issues surrounding AI governance closely parallel those faced at the onset of the nuclear age.
• Common challenges encompass managing geopolitical implications, preventing misuse, and establishing international norms and institutions to govern AI.
• Military AI Regulation Advocacy in Both Contexts: Similar to the nuclear era, there are calls to regulate military applications of AI, including proposals for a freeze on research and development pending a thorough assessment.
• Despite these concerns, rapid advances in AI persist, echoing the historical trajectory of nuclear technology.
• AI Dominance Race Discourse: In the discourse on AI, the US and China, akin to the US-Soviet dominance in the nuclear era, emerge as central figures.
• Agreements between the US and China on AI are considered crucial for navigating the technological revolution.

Actions Taken to Tackle AI Governance Challenges:

• Efforts to Navigate Competition: The United States is actively addressing competition in military AI with China, initiating discussions on regulatory measures.
• This includes implementing restrictions on the supply of advanced chips to China, with the aim of slowing down AI development.
• Proposals for Establishing International Norms and Initiatives: In response to potential negative consequences of the AI revolution, there is a proposal for the creation of international norms, drawing inspiration from the International Atomic Energy Agency (IAEA) established for nuclear energy regulation.
• Concepts such as the 'International Agency for Artificial Intelligence' (IAAI) and initiatives like the Global Partnership for Artificial Intelligence (GPAI) have been put forward.
• Formation of Coalitions and Emphasis on Military Deterrence: The United States is actively building coalitions with like-minded partners to discuss AI development and effectively manage its impacts.
• Initiatives such as GPAI, comprising 28 members, are integral to broader efforts, and alliances are being strengthened for military deterrence, particularly in relation to Russia and China.
• Global Partnership on AI (GPAI): GPAI, a multi-stakeholder initiative launched in June 2020 with 15 members, seeks to bridge the gap between theory and practice in AI.
• It supports cutting-edge research and applied activities on AI-related priorities and has since expanded to 29 members, including India.
• The OECD serves as its secretariat.
• Recent London AI Summit: The summit, held recently, aimed to harness the potential of AI for new knowledge, economic growth, advancements in human capabilities, and problem-solving.
• A discussion paper released by the British government highlighted AI-related risks, from the spread of disinformation to potential misuse for harmful purposes.
• The British Prime Minister emphasized the direct addressing of these concerns, assuring people that their safety would be prioritized while seizing the opportunities for a better future offered by AI.

Guiding Principles for India: Drawing Insights from Nuclear History to Navigate the AI Landscape

• Pragmatic Stance over Idealism: India's historical pursuit of the "time-bound elimination of nuclear weapons" incurred significant costs, emphasizing the need for a pragmatic and strategic approach in dealing with the complexities of AI.
• Seizing Collaborative Opportunities: Learning from past missed opportunities in nuclear cooperation, India should actively foster partnerships, particularly with the US, capitalizing on the existing momentum in joint efforts related to AI and emerging technologies.
• Avoiding Exceptionalism: India's historical inclination towards exceptionalism and pursuing a third way in technological development poses challenges.
• In the context of AI, recognizing the universality of science and technology is essential, promoting collaboration over isolationist postures.
• Empowering the Private Sector: Unlike the government-led progress in nuclear and space endeavours, AI's evolution is primarily driven by the private sector in the West.
• India must enhance the role of the private sector in AI research, development, and innovation for sustained growth.
• Urgent Reforms for Global Competitiveness: While recent efforts to open up science and technology sectors are commendable, India must prioritize urgent and comprehensive reforms to strengthen its position in the global AI landscape.

Conclusion

When it comes to AI, India's policy is not characterized by the disarmament idealism that shaped its approach to nuclear weapons. Emphasizing pragmatic strategies and harnessing international partnerships are crucial elements that should underpin India's strategic approach to AI development. Recognizing the strategic significance of AI, it is imperative for India to avoid replicating past mistakes made in the realm of nuclear weapons with regard to AI.

Why is it in the News?

Recently, the Bihar government unveiled the outcomes of its caste survey within the state, revealing that the combined representation of Extremely Backward Classes (EBCs) and Other Backward Classes (OBCs) exceeds 63%.

Context:

• In a recent development, the Bihar government published the findings of its caste survey, indicating that the combined percentage of Extremely Backward Classes (EBCs) and Other Backward Classes (OBCs) surpasses 63%.
• This survey has sparked a nationwide discussion, emphasizing the need for a thorough examination of socio-economic data and a consideration of arguments both in support of and against a caste-based survey on a national scale.

What Does the Socio-Economic Data Reveal?

• Manifestation of Caste-Linked Deprivation in Indian Society: In rural areas during 2011-12, the average monthly per capita consumption expenditures (MPCE) for Scheduled Tribes (ST), Scheduled Castes (SC), and Other Backward Classes (OBC) households were 65%, 73%, and 84% respectively compared to the general category.
• Urban areas witnessed average MPCE for ST, SC, and OBC households at 68%, 63%, and 70% of the general category.
• Inequality Persists Across Caste Groups in Multidimensional Poverty Metrics:
• Multidimensional poverty estimates from the National Family Health Survey (NFHS-4/2015-16) highlight the enduring inequality across caste categories in India.
• Despite constituting around 73% of the population, STs, SCs, and OBCs collectively accounted for 84% of the country’s impoverished individuals.
• The OBC category alone comprised over 50% of India’s multidimensionally poor.
• According to the Oxford Poverty and Human Development Initiative (OPHI), the combined share of STs, SCs, and OBCs in the country's poor rose from 77.6% in 2005-06 to nearly 84% in 2015-16.
• The Sachar Committee report (2006) estimated that 31% of Muslims were categorized as 'Below the Poverty Line.'
• These findings underscore the evident causal relationship between caste-based discrimination and exclusion, particularly affecting STs, SCs, and OBCs, as well as religion (particularly Muslims), and the prevalence of poverty and deprivation.

Education and Employment Dynamics Across Caste Groups:

• Educational Disparities Based on Caste: Significant educational disparities exist, with the general category boasting a notably higher percentage of literate, secondary and high school graduates, as well as those with undergraduate and postgraduate degrees compared to OBCs, SCs, and STs.
• According to the NSS 75th round (2017-18), the proportion of graduates is 12% in the general category, while it stands at 3% for STs, 4% for SCs, and 6% for OBCs.
• Postgraduate representation is over 3% in the general category, approximately 1% among OBCs, and less than 1% for both SCs and STs.
• Employment Landscape: Analyzing employment status based on PLFS 2021-22 data reveals that over 30% of the general category workforce holds regular jobs, contrasting with around 20% for OBCs and SCs, and just over 12% for STs.
• Conversely, nearly 29% of STs, 38% of SCs, and 20% of OBCs work as casual labourers, compared to only 11.2% in the general category.
• The informal sector is predominantly occupied by STs, SCs, and OBCs, while the general category has a disproportionately large presence in formal employment.
• The Central government, a major formal sector employer with over 18.78 lakh employees as of January 2021, sees 52.7% belonging to the general category.
• Within the most qualified and highest-paid employee groups (Group A), the general category constitutes over 64%.
• These findings underscore that despite the Mandal Commission recommendations being officially implemented three decades ago, the persistent caste-based educational inequalities continue to replicate a similar pattern in skilled, formal employment.

Historical Overview of Caste-Based Surveys:

• During the Pre-Independence Era: The British colonial administration introduced caste-wise enumeration of the population in 1881, a practice that persisted until the 1931 census.
• Post-Independence Surveys: Following independence, successive Indian governments refrained from conducting comprehensive caste enumeration due to concerns that it might reinforce caste divisions and perpetuate the caste system.
• Despite the absence of a caste census, official surveys and statistics have revealed the persistent existence and growth of the caste system in independent India, along with its associated discriminatory and exclusionary consequences.
• The Mandal Commission Report: In 1980, the Backward Classes Commission, chaired by B.P. Mandal, submitted a pivotal report to the President of India.
• The report began with the dictum, "There is equality only among equals. To equate unequal is to perpetuate inequality."
• Drawing on caste/community-wise population figures from the 1931 census, the Mandal Commission estimated that the combined population of Hindu and non-Hindu Other Backward Classes (OBCs) constituted 52% of India's population.
• The commission crucially concluded that caste should be considered a class of citizens.
• If an entire caste is socially and educationally backwards, reservation can be implemented in its favour, justifying it as a socially and educationally backward class of citizens under Article 15(4) of the Constitution.
• This article empowers the state to make special provisions for the advancement of socially and educationally backward classes of citizens.

Reservation in Public Services and Indra Sawhney Judgment:

• In 1990, the V.P. Singh government introduced a 27% reservation for Other Backward Classes (OBCs) in public services.
• This decision faced legal scrutiny, leading to the landmark Indra Sawhney & others versus the Union of India judgment in 1992, where the Supreme Court validated the government's stance.
• The court made a noteworthy observation, stating that the identification of a group based on criteria other than caste, such as a combination of occupation, social status, education, and economic factors leading to caste, might not be deemed invalid.
• This crucial interpretation paved the way for the implementation of OBC reservations in both public employment and educational institutions across India.

Arguments Against a Nationwide Caste-Based Survey:

• Opposition to a comprehensive caste census has centred on the apprehension that unveiling the precise population proportions of Other Backward Classes (OBCs) at 52% or above could lead to calls for an expansion of the existing 27% reservation quota for OBCs.
• This concern gained traction with the initiation of demands following the enactment of the Constitutional (103rd Amendment) Act, 2019.
• This legislation introduced a 10% reservation for Economically Weaker Sections (EWS) within the general category, impacting admissions to both public and private educational institutions and civil posts and services.
• Despite facing legal challenges due to breaching the 50% reservation ceiling, the law was ultimately upheld by a majority judgment of the Supreme Court in 2022.

The Path Forward:

• Comprehensive Caste Enumeration: Given the significant variation in OBC population estimates from different official sample surveys—ranging from 41% to 46% between 2015-16 and 2021-22—only a thorough caste enumeration can provide an accurate assessment.
• More crucially, identifying the numbers and proportions of individual castes within the OBC category is essential for implementing effective reservations and other benefits.
• For instance, the Bihar caste survey revealed that 122 smaller caste groups within the Extremely Backward Classes (EBC) category constituted 36% of the state's population, marking the largest share among social categories.
• Build on Justice Rohini Commission Report: The Justice Rohini Commission, formed in 2017 to scrutinize the sub-categorization of OBCs in the Central list, presented its findings in 2023.
• A nationwide socio-economic caste census is imperative to formulate scientific criteria for such sub-categorization.
• This is equally crucial for all states with their individual State-level OBC lists due to the diverse caste compositions.

Conclusion

Caste remains a significant issue in Indian society, acknowledged by a broad spectrum of thinkers, ideologies, and political parties, all advocating for the eradication of the caste system and its inequalities. Given this apparent societal concern, a nationwide caste survey emerges as the initial step towards investigating and addressing the complexities associated with caste-related issues.

Why is it in the News?

Ahead of Assembly elections in Chhattisgarh, the Baiga Particularly Vulnerable Tribal Group (PVTG) recently became the second to get habitat rights in the state, after the Kamar PVTG.

Context:

• Chhattisgarh has granted habitat rights to the Baiga Particularly Vulnerable Tribal Group (PVTG), marking them as the second PVTG to receive such rights in the state, following the Kamar PVTG.
• This development affects seven PVTGs residing across 17 districts in Chhattisgarh, namely Kamar, Baiga, Pahadi Korba, Abujhmadiya, Birhor, Pando, and Bhujia.
• Specifically, 19 Baiga villages, home to 6,483 individuals across 2,085 families, have been granted these habitat rights.

About the Baiga Tribe:

• The Baiga Tribe stands among the Particularly Vulnerable Tribal Groups (PVTGs) and is distributed across Chhattisgarh, Jharkhand, Bihar, Odisha, West Bengal, Madhya Pradesh, and Uttar Pradesh.
• Traditionally, the Baiga led a semi-nomadic lifestyle and engaged in slash-and-burn cultivation.
• Presently, their livelihood primarily hinges on minor forest produce.
• Their agricultural practices include a form of shifting cultivation known as "Bewar."
• Notably, ‘Mahua’ holds significance in Baiga cuisine and beverages, as it is an intoxicant derived from fermenting and distilling the flowers of the Mahua tree.
• Tattooing plays a pivotal role in Baiga culture, with specific tattoos designated for different ages and body parts, reflecting the cultural richness and diversity of the community.

What are Habitat Rights?

• Habitat rights recognition entails granting a community authority over their customary habitation territory, encompassing socio-cultural practices, economic and livelihood activities, intellectual knowledge of biodiversity and ecology, and traditional wisdom in utilizing natural resources.
• These rights also encompass protecting and conserving both natural and cultural heritage.
• Recognising habitat rights serves to safeguard and enhance traditional livelihoods and ecological knowledge that have been transmitted through generations.
• Additionally, it facilitates the integration of diverse government schemes and initiatives from various departments, empowering Particularly Vulnerable Tribal Groups (PVTGs) to foster the development of their habitats.

What Does ‘Habitat’ Mean?

• According to Section 2(h) of the Forest Rights Act (FRA), “Habitat includes the area comprising the customary habitat and such other habitats in reserved forests and protected forests of primitive tribal groups and pre-agricultural communities and other forest dwelling Scheduled Tribes.

Under What Law Are Such Rights Granted?

• Habitat rights are given to PVTGs under section 3(1) (e) of The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
• It is also known as the Forest Rights Act (FRA).

The Forest Rights Act of 2006

• The Forest Rights Act of 2006, also referred to as the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, stands as a significant legal milestone in India.
• Its primary purpose is to acknowledge and confer forest rights, including the occupation of forest land, to forest-dwelling Scheduled Tribes and Other Traditional Forest Dwellers.
• This legislation is designed to address historical injustices inflicted upon these communities and to duly recognize their contributions to forest conservation.

How Does the Government Fix a Habitat?

• The procedure is based on a detailed guideline given for this purpose in 2014 by the Ministry of Tribal Affairs (MoTA).
• Based on the MoTA guidelines, the traditional tribal leaders of the tribe are consulted about the extent of their culture, traditions, and occupation.
• It is corroborated by the government and then a habitat is declared.

How Many States Have Recognised Habitat Rights?

• Out of 75 PVTGs in India, only three have habitat rights.
• The Bharia PVTG in Madhya Pradesh was the first, followed by the Kamar tribe and now the Baiga tribe in Chhattisgarh.

Significance of Granting Habitat Rights:

• Preservation of Cultural and Heritage Richness: The granting of habitat rights plays a pivotal role in safeguarding the distinctive cultural, social, and traditional heritage of tribal communities.
• This recognition enables them to uphold their unique languages, rituals, customs, and traditional knowledge systems.
• Conservation of Biodiversity: Tribal communities possess unique knowledge about their local ecosystems, flora, fauna, and sustainable resource management.
• Recognition of their rights plays a vital role in preserving biodiversity and facilitating the sustainable management of natural resources.
• Fostering Sustainable Development: By acknowledging the rights of tribal communities, governments can foster sustainable development.
• Indigenous practices often prioritize sustainability and conservation, crucial for environmental well-being and the overall prosperity of society.
• Empowerment and Advancement of Social Justice: Bestowing habitat rights empowers tribal communities through legal recognition, ensuring their active participation in decision-making processes that impact their lives.
• This rectification of historical injustices contributes to the establishment of a more equitable and just society.
• Safeguarding Livelihoods: Many tribal communities rely on their natural surroundings for sustenance.
• Granting rights to lands and resources ensures the continuity of their traditional occupations such as hunting, gathering, fishing, and farming, thereby supporting their economic well-being.

Can Habitat Rights be Used to Stop Activities Like Mining?

• The habitat rights will help the PVTG protect their habitat from developmental activities harmful to them.
• The title may not be an ownership title in the nature of a private property owner, but consent and consultation of the gram sabha will be needed for any developmental activity.
• Forest Rights have legal protection under the Forest Conservation Act, the Land Acquisition Law of 2013, and even the SC/ST Prevention of Atrocities. Act.
• The grant of habitat rights under the Forest Rights Act provides an additional layer of legal protection.
• If any kind of development activity is hampering their habitat rights, the tribal group concerned can take up the matter with the administration under the Forest Rights Act, and if not resolved, the matter can be taken to court.

What is a Particularly Vulnerable Tribal Group (PVTG)?

• According to the Ministry of tribal affairs, tribal communities that are technologically backward, have stagnant or declining population growth, extremely low levels of literacy, and a subsistence level of economy are declared as PVTG.
• PVTGs have low health indices and largely reside in isolated, remote, and difficult areas in small and scattered hamlets/habitats.
• The ministry has identified 75 PVGTs in 18 states and one Union Territory.
• In 2019, the MoTA started a scheme for their protection and improvement in terms of social indicators like livelihood, health, nutrition and education to decrease their vulnerability.

Government Initiatives for Particularly Vulnerable Tribal Groups (PVTGs):

• The Ministry of Tribal Affairs administers a program titled 'Development of Particularly Vulnerable Tribal Groups (PVTGs),' which operates as a Centrally Sponsored Scheme with 100% Central assistance extended to 18 states and the Union Territory of Andaman & Nicobar Islands.
• The primary objective of this initiative is to foster the comprehensive socio-economic development of PVTGs while preserving their rich cultural heritage.
• Under the Development of PVTGs scheme, State Governments execute projects tailored to address key sectors such as education, health, and livelihood, with the overarching goal of ensuring the holistic well-being of PVTG communities.

Why is it in the News?

The Mahatma was deeply sympathetic to the plight of the Jewish people in Europe. But he was against Zionists and the attempt to create a state of their own by force in Palestine, which was already inhabited by the Palestinian Arab people.

What was Mahatma Gandhi’s Views on Jews and A Separate Jewish Homeland?

Gandhi was deeply sympathetic to the Jewish people.

• The Mahatma always made it clear that he had deep sympathies for the Jewish people who had historically been unjustly persecuted for their religion.
• In his article ‘The Jews’ he said, “My sympathies are all with the Jews. They have been the untouchables of Christianity. Religious sanction has been invoked for the justification of the inhuman treatment meted out to them.”
• He further said that the German persecution of the Jews seems to have no parallel in history and expressed his concern with Britain’s policy of placating Adolf Hitler at the time (before World War II broke out).
• He wrote that“If there ever could be a justifiable war in the name of and for humanity, a war against Germany, to prevent the wanton persecution of a whole race, would be completely justified.

Yet, he did not support a Zionist state in Palestine.

• Gandhi opposed the establishment of a Zionist State in Palestine, contending that imposing Jews on the Arabs was both wrong and inhumane. He considered it a crime against humanity to diminish the dignity of the proud Arabs by restoring Palestine, either in part or wholly, as the national home for the Jews.

What are the Reasons Behind His Opposition to A Jewish Homeland?

• Religious Text as a Pretext: Mahatma Gandhi contended that the creation of a separate state based on religious grounds was unjustified.
• He believed that Palestine already belonged to Arab Palestinians, and the British-facilitated settlement of Jews was inherently violent.
• In his view, a religious act, such as Jews returning to Palestine, should not involve the use of force through the bayonet or the bomb.
• Goodwill of Arabs: Gandhi asserted that for Jews to settle in Palestine, it was essential to have the goodwill of the Arabs.
• He argued that this goodwill could only be achieved by forgoing the use of the British bayonet in the process.
• Contradiction to Global Struggle: Gandhi opposed the concept of a Jewish homeland, seeing it as contradictory to the broader struggle for increased rights that Jews were pursuing across the globe.
• He wasn't alone in holding this view, as it was shared by others during that period.
• Forced Relocation Concerns: He questioned the practicality of confining Jews to Palestine, wondering if they would appreciate being compelled to leave other parts of the world where they had settled.
• Gandhi expressed the concern that the Jewish claim for a national home could be seen as providing a justifiable reason for the expulsion of Jews, as witnessed in Germany.

Impact of Mahatma Gandhi’s Views on Indian Foreign Policy

• Shaping India's Foreign Policy through Gandhi's Influence on Nehru: Mahatma Gandhi's perspectives and his staunch anti-imperialism significantly influenced Jawaharlal Nehru, India's inaugural Prime Minister, shaping the nation's foreign policy for decades.
• Nehru, in many ways, inherited and embraced this perspective from Gandhi.
• Rejection of the Two-Nation Solution and Support for the Palestinian Cause: India's political stance toward Israel took firm shape shortly after gaining independence in 1947.
• Both Jawaharlal Nehru and Mahatma Gandhi advocated for the Palestinian cause and firmly rejected the concept of two nations based on religious criteria.
• While expressing sympathy for the Jews, they believed that a state founded on religious exclusivity lacked moral and political sustainability, aligning with their opposition to the partition of India.
• India's Anti-Israel Votes at the UN: India's position on Palestine reflected not only its alignment with the Arab world but also resonated with the principles of the Non-Aligned Movement and the United Nations.
• During the UN vote on the partition of Palestine, India, along with Arab countries, cast its vote against the proposal.
• Similarly, when Israel sought admission to the UN, India once again voted against the move.
• Recognition of Israel as a Nation with Limited Diplomatic Relations: India officially acknowledged Israel's status as a nation on September 17, 1950, following similar recognitions by two Muslim-majority countries, Turkey and Iran.
• In 1953, Israel gained permission to establish a consulate in Mumbai, yet it was not granted diplomatic representation in New Delhi.
• Engagement with Palestinian Leadership under Yasser Arafat: During the late 1960s and early 1970s, the Palestine Liberation Organisation (PLO) emerged as the representative body for the people of Palestine under the leadership of Yasser Arafat.
• India fostered connections with the primary political faction within the PLO, Al Fatah.
• Recognition of PLO as the Legitimate Representative of the Palestinian People: On January 10, 1975, India took a significant step by officially recognizing the PLO as the exclusive and legitimate representative of the Palestinian people.
• Furthermore, India permitted the PLO to establish an independent office in New Delhi.
• While India was among the last non-Muslim states to recognize Israel, it achieved the distinction of becoming the first non-Arab state to acknowledge the legitimacy of the PLO.

Conclusion

Mahatma Gandhi maintained his perspectives on the Palestine-Israel issue throughout his life, emphasizing his disapproval of the unjust treatment of Jews. Simultaneously, he consistently reaffirmed his longstanding opposition to the creation of a separate nation for the Jewish community.

For numerous decades, Gandhi's viewpoints significantly influenced Indian foreign policy. However, in more recent times, India has undergone a shift in approach, decoupling its relations with Israel and Palestine. Establishing robust ties with Israel marks a departure from the historical hyphenation of India-Israel-Palestine relations, reflecting a changing dynamic in India's diplomatic engagements.

Why is it in the News?

Good Governance Day 2023 is being celebrated today on the birth anniversary of former Prime Minister Atal Bihari Vajpayee, which falls on December 25th.

About Good Governance Day:

• December 25 marks the birth anniversary of the late Prime Minister and Bharatiya Janata Party leader, Atal Bihari Vajpayee.
• Origin: In 2014, the Prime Minister of India Narendra Modi declared December 25 as "Good Governance Day" to be celebrated nationwide.

Significance of Good Governance Day:

• Raising Governance Awareness: Good Governance Day aims to raise awareness among citizens regarding government accountability and efficient administration.
• Equitable Treatment of Citizens: This day emphasizes the fair and prompt delivery of various government services to ensure equitable treatment for the country's residents.
• Advancement of e-Governance: National Good Governance Day endeavors to advance "e-Governance" with the official event slogan being "Good Governance through e-Governance.

What is Good Governance?

• Governance encompasses the decision-making process and the subsequent implementation (or lack thereof) of those decisions.
  • It manifests in various contexts, including corporate governance, international governance, national governance, and local governance.
• It is characterized as "the manner in which power is exercised in the management of a country's economic and social resources for development."
  • This concept, rooted in historical perspectives, was elaborated by Chanakya in the Arthashastra.
• Foundation of Citizens Centric Administration: The cornerstone of a citizens-centric administration lies in the principles of good governance, emphasizing transparency, accountability, and equitable societal development.

8 Principles of Good Governance:

• Participation: Ensures the inclusion of diverse perspectives, including men, women, vulnerable sections, backward classes, minorities, etc.
  • Upholds freedom of association and expression.
• Rule of Law: Impartial enforcement of the legal framework, particularly in human rights laws.
  • A foundation for preventing the 'law of fish,' where the strong prevail over the weak.
• Consensus Oriented: Facilitates decision-making that aims for a common minimum acceptable to everyone, fostering a broad consensus.
  • Mediates differing interests toward a mutually beneficial outcome.
• Equity and Inclusiveness: Strives for an equitable society, ensuring opportunities for all to enhance or maintain their well-being.
• Effectiveness and Efficiency: Focuses on processes and institutions that yield results meeting the community's needs.
  • Maximizes the effective utilization of community resources for optimal output.
• Accountability: Demands accountability from governmental institutions, private sectors, and civil society organizations to the public and institutional stakeholders.
  • Aims for governance that serves the betterment of the people.
• Transparency: Requires accessible, understandable, and monitored information.
  • Advocates for a free media and public access to information.
• Responsiveness: Dictates that institutions and processes serve all stakeholders within a reasonable timeframe.

What is the Significance of Good Governance?

• Safeguarding Public Interests: The implementation of good governance practices is crucial for safeguarding the interests of the public.
• Optimal Resource Utilization: Good governance empowers organizations to maximize the efficient utilization of available resources, facilitating the delivery of high-quality services.
• Ensuring Checks and Balances: Through good governance practices, mechanisms are established to prevent the undue exercise of power and authority, maintaining a system of checks and balances.
• Facilitating Public Engagement: The active involvement of the public in the governance process becomes achievable when good governance practices are firmly in place.

What are the Challenges to Good Governance in India?

• Corruption: The pervasive level of corruption in India is widely recognized as a substantial impediment to enhancing the quality of governance.
• Empowerment of Women: The inadequate representation of women in government institutions and related sectors poses a significant challenge to achieving gender equality.
• Delayed Justice: Ensuring timely justice for citizens is a fundamental right, but numerous factors, such as a shortage of personnel and logistical resources within the legal system, contribute to delayed justice.
• Criminalization of Politics: The intertwining of the political process with criminal elements and the collaboration between politicians, civil servants, and business entities negatively impact public policy formulation and governance.
• Centralization of Administrative System: Efficient functioning of lower-level governments, particularly Panchayati Raj Institutions (PRIs), depends on adequate empowerment.
  • The existing challenges involve insufficient devolution of funds and personnel to carry out constitutionally assigned functions.

What are the Initiatives for Enhancing Good Governance in India?

• National e-Governance Plan: With a vision to make government services easily accessible to the common man, the National e-Governance Plan aims to ensure efficiency, transparency, and reliability of services at affordable costs.
  • The plan focuses on meeting the basic needs of the public through widespread service delivery outlets.
• Good Governance Index (GGI): Launched by the Ministry of Personnel, Public Grievances & Pensions, GGI serves as a comprehensive tool to evaluate the state of governance in the country.
  • It systematically analyzes the impact of various interventions initiated by State Governments and Union Territories.
• Right to Information Act, 2005: This crucial legislation plays a pivotal role in fostering transparency within governance by granting citizens the right to access information.
  • The Right to Information Act, 2005, empowers individuals to seek and receive information, contributing to a more transparent and accountable system.

About Atal Bihari Vajpayee

• Atal Bihari Vajpayee, the 10th Prime Minister of India, distinguished himself not only as a statesman but also as a revered poet and literary figure.
• His association with the Rashtriya Swayamsevak Sangh (RSS), the ideological precursor of the BJP, further shaped his political journey.
• Early Life: Born on December 25, 1924, in Gwalior, Madhya Pradesh, Vajpayee joined the RSS in 1939, transitioning into a full-time role in 1947.
  • His literary prowess led him to collaborate with Deen Dayal Upadhyaya on various publications, marking the beginning of his impactful career.
• Political Ascension: Vajpayee assumed the role of national president of the Jana Sangh in 1968 following Deen Dayal Upadhyaya's demise.
  • His political journey commenced with his election to the Lok Sabha from the Balrampur seat in the 1957 general election, where his eloquence positioned him as a defender of Jana Sangh's policies.
• Key Political Milestones: Post-emergency, Vajpayee played a vital role in the formation of the Janata Party, securing victory in the 1977 general elections and subsequently serving as the External Affairs Minister.
  • The transformation of Jana Sangh into the Bharatiya Janata Party (BJP) in 1980 marked a significant phase under his leadership, with the party gaining electoral prominence.
• Political Tenures: Vajpayee's political career saw him elected ten times to the Lok Sabha and twice to the Rajya Sabha, representing constituencies such as Balrampur, New Delhi, Gwalior, and Lucknow.
  • His administrative journey commenced as the External Affairs Minister in 1975, with commendation for his UN General Assembly speech in Hindi.
• Prime Ministerial Stints: Vajpayee served as the Prime Minister of India in three distinct tenures:
  • A brief 13-day term in 1996
  • 13-month period from 1998 to 1999, and
  • A full term from 1999 to 2004.
• Notable Achievements: Vajpayee's administration left an indelible mark with achievements such as the Pokhran Nuclear Test, success in the Kargil War, the implementation of the Golden Quadrilateral project, the Pradhan Mantri Gramin Sadak Yojana, and the Sarva Siksha Abhiyaan.
• Diplomatic Outreach: Vajpayee's diplomatic efforts included a groundbreaking bus journey to Lahore to meet with Pakistani Prime Minister Nawaz Sharif, signaling a commitment to improving relations.
• Honors and Recognition: Atal Bihari Vajpayee was bestowed with prestigious honors, including the Bharat Ratna in 2015, recognition for his role in the Bangladesh Liberation War, and the Order of Ouissam Alaouite from Morocco.
  • Additionally, the Government of India designated his birth anniversary as Good Governance Day in 2014.

Why is it in the News?

The World Health Organization (WHO) on Thursday added the R21/Matrix-M malaria vaccine, developed by Oxford University and manufactured by Serum Institute of India, to its list of prequalified vaccines.

News Summary:

• The R21/Matrix-M malaria vaccine, developed by Oxford University and produced by the Serum Institute of India, has received prequalification from the World Health Organization (WHO), marking a significant step in global efforts to combat malaria.
• This achievement follows the prequalification of the RTS, S/AS01 vaccine in July 2022, making R21 the second malaria vaccine to gain the WHO's approval.
  • Prequalification means larger access to vaccines as a key tool to prevent malaria in children.
• The WHO employs rigorous international standards during the prequalification process, conducting a comprehensive evaluation to ensure the safety, efficacy, and adherence to global manufacturing standards of the vaccines.
• Ongoing measures, such as regular re-evaluation, site inspections, and targeted testing, are implemented to uphold prequalified vaccines’ continued safety and effectiveness.

What is a Prequalified Vaccine?

• The World Health Organization (WHO) defines a prequalified vaccine as one that has successfully completed a comprehensive three-step process prior to approval.
  • Thorough Data Evaluation: The first step involves a meticulous examination of relevant data associated with the vaccine.
  • Sample Testing: The second step includes rigorous testing of vaccine samples.
  • Manufacturing Site Inspection: The final step encompasses an inspection of the pertinent manufacturing sites by WHO.
• Only when the outcomes of these steps are positive does the vaccine earn inclusion in the WHO list of Prequalified Vaccines?

What is Malaria?

• Malaria is an infectious disease caused by the Plasmodium parasite, transmitted to humans through the bites of infected female Anopheles mosquitoes, which are active mainly during the night.
• While there are numerous types of Plasmodium parasites, only five affect humans and cause malaria.
• Plasmodium falciparum: Predominantly found in Africa, it is the most common and lethal malaria parasite globally, responsible for the majority of malaria-related deaths.
• Plasmodium vivax: Primarily found in Asia and South America, this parasite causes milder symptoms than Plasmodium falciparum but can persist in the liver for up to three years, leading to potential relapses.
• Plasmodium ovale: Relatively uncommon and typically found in West Africa, this parasite can remain dormant in the liver for several years without causing symptoms.
• Plasmodium malariae: Rare and primarily found in Africa.
• Plasmodium knowlesi: Extremely rare and identified in certain parts of Southeast Asia.

Malaria Transmission:

• Upon being bitten by an infected mosquito, the Plasmodium parasite enters the bloodstream, travels to the liver, and matures.
• It then re-enters the bloodstream, invading red blood cells where it undergoes multiplication.
• Periodically, infected blood cells burst, releasing more parasites into the bloodstream.
• While mosquitoes can become infected by biting an already infected person, malaria does not spread directly from person to person.

Symptoms of Malaria:

• The signs and symptoms of malaria encompass fever, chills, general discomfort, headache, nausea, vomiting, diarrhoea, abdominal pain, muscle or joint pain, fatigue, rapid breathing, rapid heart rate, and cough.
• Recognizing these symptoms is crucial for prompt diagnosis and treatment.

What is the Status of Malaria in India?

• Given its predominantly tropical climate, a significant portion of India has a historical prevalence of malaria, and the country holds the distinction of being where Nobel Prize winner Sir Ronald Ross discovered the malaria parasite cycle involving Anopheles mosquitoes as the definitive host.
• While India has made substantial progress in the direction of malaria elimination, there remains a considerable journey ahead.
• According to the World Malaria Report 2023, India contributed to 66% of malaria cases within the World Health Organization’s South-East Asia region in 2022.
• Additionally, India and Indonesia jointly accounted for approximately 94% of all malaria-related deaths in the region last year.
• The report highlighted that nearly 46% of all cases in the region were attributed to Plasmodium vivax, a protozoal parasite and human pathogen.

What are the Challenges in Malaria Elimination?

• Eliminating malaria in India faces several challenges, primarily stemming from the predominant engagement of the private sector in diagnosing and treating the disease.
  • This sector often encounters issues related to misdiagnosis and mistreatment.

Key challenges include:

• Limited Regulation in the Private Sector: Private doctors and clinics operate without an obligation to adhere to government guidelines, utilize recommended drugs, or report malaria cases to state authorities.
• Disproportionate Malaria Treatments in the Private Sector: In 2015, a substantial 86 million malaria treatments were procured in the private sector, in stark contrast to the meagre 2 million in the public sector.
• Proliferation of Artemisinin Monotherapy: The private sector annually acquires nearly 10 million injections of Artemisinin Monotherapy, a treatment strongly discouraged in India and globally due to its role in accelerating the development of lethal drug resistance.
• Irony of Drug Misuse: Remarkably, India, the largest supplier of high-quality approved malaria drugs globally, grapples with the ironic misuse of malaria drugs within its own borders.

Challenges in Creating a Malaria Vaccine:

The progress toward developing a malaria vaccine encounters various impediments:

• Absence of a Conventional Market: The absence of a conventional market poses a significant hindrance to the development of a malaria vaccine.
• Limited Developer Engagement: The involvement of only a few developers further complicates the landscape for malaria vaccine development.
• Technical Complexity: The technical intricacies associated with creating a vaccine against a parasitic infection, such as malaria, present substantial challenges.
• Complexity of Malaria Parasites' Life Cycle: Malaria parasites exhibit a complex life cycle, and there exists a limited understanding of the intricate immune response to malaria infection.
• Genetic Complexity of Malaria Parasites: The genetic complexity of malaria parasites, generating thousands of potential antigens, adds an additional layer of difficulty to the development of an effective vaccine.

Initiatives Taken by India for Malaria Eradication:

• Since 2000, India has successfully reduced malaria cases by more than half and malaria-related deaths by over 66%.
• In 2016, the country introduced its inaugural National Framework for Malaria Elimination (2016-2030), outlining a vision for a malaria-free nation by 2027 with complete elimination targeted by 2030.
• In 2019, the Government of India demonstrated its commitment by increasing funding for the National Vector Borne Disease Control Programme by over 25%.
• Furthermore, India augmented its support as a donor to the Global Fund to Fight AIDS, Tuberculosis, and Malaria, reaffirming its dedication to combating these vector-borne diseases on a global scale.

Why is it in the News?

Three new criminal code bills, focusing on justice rather than punishment, were passed by the Lok Sabha on Wednesday.

Context:

• Lok Sabha has passed by voice vote the three Bills that aim to overhaul the country's criminal justice system by replacing colonial-era laws.
• The three bills passed are:
  • The Bharatiya Nyaya (Second) Sanhita - replace the Indian Penal Code (IPC)
  • Bharatiya Nagarik Suraksha (Second) - replace Code of Criminal Procedure (CrPC)
  • Bharatiya Sakshya (Second) Sanhita - replace the Indian Evidence Act
• According to the Home Minister, Amit Shah, the three new bills seek to establish a justice system based on Indian thinking and will free people from the colonial mindset and its symbols.

Background:

• Bill Presentation in August 2023: In August 2023, the Union government introduced  three Bills in Parliament intending to revitalize the country's criminal justice system.
  • The Bills in question were the Bharatiya Nyaya Sanhita Bill, 2023 (BNS), the Bharatiya Nagarik Suraksha Sanhita Bill, 2023 (BNSS), and the Bharatiya Sakshya Bill, 2023 (BSB).
• Referral to Parliamentary Standing Committee: The three Bills underwent scrutiny as they were referred to the Parliamentary Standing Committee on Home Affairs for a thorough review and recommendations.
  • After three months of meticulous deliberation, the committee released reports on each Bill—BNS, BNSS, and BSB—suggesting necessary changes.
• Opposition Dissent on Hindi Titles: A notable point of contention arose during the committee's proceedings, particularly regarding the Hindi nomenclature of the Bills.
  • Opposition members contested that the vernacular titles contravened Article 348, which stipulates English as the official language for courts and legislative matters.
  • Despite opposition dissent, the parliamentary committee sanctioned the Hindi titles for all three Bills.
• Introduction of Revised Versions: After the committee's recommendations, on December 12, the three Bills were withdrawn from Parliament.
  • In a prompt response, revised iterations of the Bills were promptly introduced for further consideration.

Why were new bills deemed necessary?

• Colonial Legacy: From 1860 to 2023, the nation's criminal justice system operated under British-imposed laws.
  • These laws, formulated during colonial times, use outdated language and concepts that may not accurately represent current social norms and values.
• Advances in Technology: The evolution of technology has introduced new aspects to crime, evidence, and investigation, necessitating a response from the legal framework.
• Simplification and Streamlining: Over time, the laws have become intricate, confusing legal practitioners, law enforcement agencies, and the general public.
  • Simplifying and streamlining the legal framework is seen as a way to enhance transparency and understanding.
• Evidence Collection and Presentation: The Indian Evidence Act predates the era of modern forensic science and technological tools, highlighting the need for an update in this regard.
• Reports and Recommendations: Various reports, including those from the department-related Parliamentary Standing Committee on Home Affairs (146th report), emphasized the necessity for a comprehensive review of the country's criminal justice system.
  • Earlier reports (111th and 128th) had also underscored the need for reforms in criminal laws.

About Bharatiya Nyaya (Second) Sanhita (BNS II) Bill, 2023:

The BNS II Bill brings about significant modifications in the treatment of various offences, including criminal conspiracy, mob lynching, death by negligence, organized crimes, and terrorist acts.

• Life Imprisonment: While the BNS defined life imprisonment as 'imprisonment for life,' BNS II retains this phrase alongside the newer definition.
• Terrorist Acts: BNS II removes vague language, focusing on innovative acts such as damaging critical infrastructure, undermining monetary stability, and using force against public functionaries.
• Terrorist Act Offenses: In BNS II, the possession of property derived from a terrorist act is punishable only if acquired 'knowingly.'
• Harboring a person who committed a terrorist act is punishable if done 'knowingly' or 'voluntarily.'
• Criminal Conspiracy: BNS II modifies Clause 61 to include conspiracy with 'common intention.'
• Mob Lynching: The minimum punishment of seven years for mob lynching, as in BNS, is removed in BNS II.
  • Murder by a group based on identity markers incurs life imprisonment or death, plus a fine.
• Organized Crimes: BNS II adds organized crimes, including kidnapping, extortion, and cybercrime committed on behalf of a syndicate. Petty organized crime is also now an offence.
• Changes in Offenses: Sedition is no longer an offence in BNS II, replaced by a new offence endangering the sovereignty, unity, and integrity of India.
  • Community service is explicitly defined as court-ordered work benefiting the community, and serving as a punishment for offenders.
• Supreme Court Conformity: BNS II aligns with Supreme Court decisions, omitting adultery as an offence and introducing life imprisonment as a penalty for murder or attempt to murder by a life convict.
• Sexual Offenses: BNS II retains provisions from the Indian Penal Code (IPC) on sexual offences against women, increasing the age threshold for major classification in gang rape from 16 to 18 years.
  • It criminalizes sexual intercourse with a woman through deceitful means or false promises.

About Bharatiya Nagarik Suraksha (Second) Sanhita (BNSS2) Bill, 2023:

• The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 (BNSS2) is designed to supplant the Criminal Procedure Code, 1973 (CrPC), which delineates the procedures for arrest, prosecution, and bail within the Indian legal framework.
• The CrPC, originally enacted in 1861 to streamline India's diverse legal systems, underwent a significant overhaul in 1973.
  • The comprehensive revision led to the introduction of the present CrPC, incorporating changes such as the provision for anticipatory bail.
• The BNSS2 Bill aims to introduce several amendments to the existing CrPC framework, particularly addressing aspects related to trials, investigations, and other procedural matters.
  • The proposed changes reflect an effort to modernize and enhance the efficiency of the criminal justice system in alignment with contemporary needs.

Key Features of the Bharatiya Nagarik Suraksha (Second) Sanhita (BNSS2) Bill, 2023:

• Detention of Undertrials: According to the BNSS2, the provision of releasing an accused on a personal bond after spending half of the maximum imprisonment period does not apply to offences punishable by life imprisonment or if proceedings are pending in more than one offence.
• Medical Examination: Unlike the CrPC, which restricts medical examinations to certain cases, the BNSS2 expands the scope, allowing any police officer to request an examination, broadening accessibility.
• Forensic Investigation: The BNSS2 introduces a mandatory forensic investigation for offences carrying a minimum sentence of seven years.
  • Forensic experts are empowered to collect evidence on-site, documented through mobile phones or electronic devices.
  • In the absence of local facilities, states can utilize facilities in other states.
• Signatures and Finger Impressions: While the CrPC empowers magistrates to order specimen signatures or handwriting, the BNSS2 extends this to include finger impressions and voice samples.
  • Notably, these samples can be collected from individuals not yet arrested.
• Timelines for Procedures: The BNSS2 establishes clear timelines for various procedures.
  • For instance, medical practitioners examining rape victims must submit their reports to the investigating officer within seven days, ensuring a more expedited legal process.

Bharatiya Sakshya (Second) Bill, 2023:

• Admissibility of electronic evidence: Section 61 of the original Bill allowed the admissibility of electronic evidence by underscoring that an electronic record shall have the same legal effect as a paper record.
  • However, there was no requirement for a certificate under section 63 (corresponding to the requirement of a certificate under section 65B of the Indian Evidence Act).
  • This provision has now been revised to state that the admissibility of an electronic record is subject to section 63.

Criticism of the Bill:

Experts have flagged that the three revised Bills present a missed opportunity to rectify extensive overcriminalisation and wider police powers that aggravate state control.

• The provision of the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023, which permits police custody beyond the initial 15 days of arrest endangers civil liberties.
  • The massive expansion of the possible duration of police custody in the BNSS strikes at the very heart of civil liberties protection.
• The BNSS expands the maximum limit of police custody under general criminal law from 15 days to either 60 days or 90 days (depending on the nature of the offence).
  • Under current law, police custody is limited to the first 15 days of arrest.
• The expansion under the proposed BNSS heightens the risk of exposure to police excesses.
• Given widely acknowledged concerns about the safety of arrested persons in police custody, and the heightened risk of coerced and fabricated evidence after prolonged detention, this provision of the BNSS is a shocking expansion of police powers.

Why is it in the News?

CJI Chandrachud creatively interprets Article 200 in a landmark ruling on the Governor's role in bill assent, State of Punjab vs Principal Secretary, November 10, 2023.

Context:

• On November 10, 2023, the Chief Justice of India (CJI) delivered a significant judgment in the case of State of Punjab vs Principal Secretary to the Governor of Punjab, offering an interpretation of Article 200 of the Indian Constitution.
• The focal point was the first provision of Article 200, addressing a Governor's choices when presented with a Bill for assent following its passage by the State Legislature.

Article 200 Of The Indian Constitution:

• Article 200 of the Indian Constitution delineates four possible actions for a Governor when a legislature-passed Bill is submitted for assent.
• These actions include:
  • Give his assent
  • Withhold his assent
  • Return the bill for reconsideration
  • Reserve the bill for the President’s consideration (In instances where the bill introduced in the state legislature endangers the position of the state High Court.)
• If the legislature reapproves the Bill with or wthout any amendment, the Governor must grant assent.
• Alternatively, the Governor may reserve the Bill for the President's consideration, and the President then decides whether to grant or withhold assent under Article 201.
  • Notably, no specific timeframe is specified for the President's decision on the Bill.

Perspectives on the Discretionary and Absolute Nature of the Governor's Power:

• Most of the commentators of the Constitution, like D.D. Basu and others, have held the view that the Governor’s power to withhold assent under this Article has a finality about it, and once assent is withheld, the Bill dies a natural death.
• They were also of the view that the option of sending the Bill back to the Assembly for reconsideration under the first proviso is discretionary and not mandatory.

Interpretation of Article 200 Pronounced by the CJI:

• The recent interpretation of Article 200 by the Chief Justice of India (CJI) introduces a distinct viewpoint.
• Unlike the traditional understanding, the CJI associates the act of withholding assent with mandatory reconsideration.
• This interpretation challenges the presumption of the Governor's absolute authority to withhold assent.
• According to the CJI's judgment, the Governor's decision to withhold assent is coupled with the obligation to promptly return the Bill to the Assembly for an immediate reevaluation.
• In this context, the judgment asserts that, once the Governor chooses to withhold assent, the sole recourse is to send the Bill back to the Assembly for swift reconsideration, leaving the Governor with no alternative but to eventually grant assent.
• This nuanced interpretation aligns with the imperative of ensuring a deliberate and obligatory reconsideration process when the Governor opts to withhold assent to a legislative Bill.

The Importance of the CJI’s Interpretation:

• Preserving Legislative Rights: This ruling, coupled with the Chief Justice of India's approach, safeguards the legislature's authority in the law-making process, preventing potential misuse by appointed Governors and upholding the constitutional system.
• Evolution in Understanding Governor’s Powers: The CJI's interpretation signifies a progression in comprehending the Governor's powers, underlining the necessity for continual assessment and refinement of constitutional interpretations.
• Enhanced Clarity in Article 200: The Supreme Court of India has unequivocally stated that Governors cannot delay the decision on the Bills.
  • Consequently, the top court's verdict has brought increased clarity to Article 200, compelling Governors to promptly decide on presented Bills.

Issues Still Regarding the Governor's Power:

• Reservation of Bills for President's Consideration: A potential area for exploitation by Governors remains in reserving Bills for the President's consideration, providing an absolute option.
  • The critical query pertains to the types of Bills Governors can forward to the President, with the second provision of Article 200 specifying Bills that must mandatorily be reserved.
  • These are Bills that deviate from the powers of the High Court, jeopardizing its constitutionally designated role.
• Lack of Categorization for Bills: The Constitution lacks a reference to specific categories of Bills for the President's consideration.
  • Consequently, Governors may seemingly exercise discretion in sending any Bill to the President.
  • Recent instances, such as in Kerala, where the Governor withheld action on eight Bills for over two years, or in Tamil Nadu, where Bills were sent to the President against the Constitution after reconsideration by the Assembly, highlight the absence of clear categorization.
• Ambiguities in Governor's Actions: The Constitution's ambiguity allows Governors to act in ways that may contradict its provisions, as seen in instances where Bills were sent to the President against the Constitution's mandate.
  • Such actions place the fate of Bills in the hands of Union government officials, raising concerns about the potential misuse of gubernatorial discretion.

Evaluation of Constitutional Aspects Regarding Governor's Authority in Reserving Bills:

• Constitutional Framework: In the current political context, there arises a significant inquiry into a Governor's discretion in reserving Bills for the President's consideration, a matter not explicitly addressed in the Constitution.
• Implicit References: Two constitutional provisions indirectly touch upon this issue—Article 213 deals with ordinance-making powers and Article 254(2) concerning State laws in the Concurrent List.
  • Article 213 empowers Governors to issue ordinances with presidential instructions when deeming it necessary to reserve a Bill's provisions.
  • This implies a requirement for Governors to exercise judgment within the constitutional framework.
• The use of "deemed it necessary" suggests that Governors are expected to follow constitutional principles rather than acting arbitrarily in deciding to reserve Bills.
  • Article 254(2) states that State laws on Concurrent List items prevail with presidential assent, even if conflict with existing central laws.
  • It indicates that a Bill on a Concurrent subject requires presidential assent only if it contradicts central laws; it does not mandate sending every such Bill to the President.
• Presidential Jurisdiction and Governor's Duty on State Subjects: In the federal legislative structure, the President lacks authority to scrutinize and assent to Bills exclusively related to State subjects, underscoring the Governor's constitutional responsibility.
  • Sending a Bill on State matters to the President might be viewed as an abdication of the Governor's constitutional duty, given that State List subjects are beyond the President's purview.

Conclusion

The absence of explicit provisions raises constitutional uncertainties concerning a Governor's discretionary authority in reserving Bills for the President. As constitutional interpretations evolve, there's a demand for clarity on the scope of a Governor's discretion in reserving Bills, aligning with federal principles and legislative autonomy. It's crucial to note that a Governor is not personally accountable for government actions, and the constitutional validity of a law falls within the court's jurisdiction, beyond the influence of the Governor or President.

Why is it in the News?

PM Modi recently participated in the Viksit Bharat Sankalp Yatra events and inaugurated the second edition of Kashi Tamil Sangamam in Varanasi.

What is Viksit Bharat Sankalp Yatra?

• The Viksit Bharat Sankalp Yatra is a government initiative being undertaken across the country, to raise awareness about and track the implementation of flagship central schemes, such as Ayushman Bharat, Ujjwala Yojana, PM Suraksha Bima, PM SVANidhi, etc.
• On the occasion of the Janjatiya Gaurav Divas, marking the birth anniversary of tribal icon Birsa Munda, Prime Minister Modi flagged off the Viksit Bharat Sankalp Yatra from Khunti, Jharkhand.
• It has four aims:
  • Reach out to the vulnerable who are eligible under various schemes but have not availed of benefits so far.
  • Dissemination of information and generating awareness about schemes.
  • Interaction with beneficiaries of government schemes through their personal stories/ experience sharing; and
  • Enrolment of potential beneficiaries through details ascertained during the Yatra.
• The program involves various Union ministries and state governments.
  • In a short span of one month, the Yatra has reached over 2.50 crore citizens across 68,000 Gram Panchayats, with nearly 2 crore individuals taking the Viksit Bharat Sankalp.

What is Kashi Tamil Sangamam?

• Kashi Tamil Sangamam celebrates many aspects of the historical and civilisational connection between South and North India.
• Aligned with the National Education Policy 2020, which emphasizes cultivating a modern yet culturally rooted mindset, the policy encourages the fusion of traditional Indian Knowledge Systems with contemporary knowledge.
• This integration has yielded enriching outcomes, such as incorporating Yoga and Ayurveda into modern medicine, employing technology for traditional crafts, blending ancient Vaastushilpa with modern archaeology, and creatively interpreting classical Raagas.
• Recognizing the value of rediscovering and integrating ancient knowledge into modern thinking, the month-long Kashi-Tamil Sangamam has been initiated.
• This endeavour promotes direct interaction among scholars, experts, and practitioners from diverse fields, fostering the exchange of expertise and best practices.

About Kashi-Tamil Sangamam:

• An initiative by the Government of India under the "Azadi ka Amrit Mahotsav" and in line with the "Ek Bharat Shreshta Bharat" spirit, Kashi-Tamil Sangamam underscores unity amid the cultural diversity of states and Union Territories.
• The program aims to celebrate, reaffirm, and rediscover the enduring connections between Tamil Nadu and Kashi, two ancient seats of learning.
• This initiative provides a platform for individuals from various walks of life, including scholars, students, and philosophers, from both regions to converge, share their knowledge, culture, and best practices, and learn from each other's experiences.
• IIT Madras and BHU serve as the implementing agencies for the program.
• Following the inaugural edition in 2022, this year's Kashi-Tamil Sangamam is scheduled to take place from December 17 to December 31.

Cultural Significance:

• In the 15th century, King Parakrama Pandya, the ruler of the Madurai region, aspired to construct a temple dedicated to Lord Shiva.
  • To fulfil this vision, he embarked on a journey to Kashi (Uttar Pradesh) to acquire a lingam.
• During his return journey, he paused to rest under a tree.
  • To his surprise, when he attempted to resume the journey, the cow carrying the lingam steadfastly refused to move.
  • Recognizing this as a divine sign, Parakrama Pandya chose to install the lingam at that very spot, giving rise to what is now known as Sivakasi in Tamil Nadu.
• For those unable to make the pilgrimage to Kashi, the Pandyas thoughtfully erected the Kasi Viswanathar Temple in present-day Tenkasi, situated in the southwestern part of Tamil Nadu near the state's border with Kerala.

What is the reason for choosing Tamil Nadu and Kashi?

• Despite their geographical separation, Kashi and Tamil Nadu share profound and vibrant historical connections that have endured through the centuries.
  • Renowned as embodiments of Indian culture, these regions have been revered by many for their cultural richness.
• Historically, seekers of knowledge from various places, including Kashi, Prayagraj, Ayodhya, and Gorakhpur, in the north, and Kanchipuram, Puducherry, Madurai, Thanjavur, Rameshwaram, Srirangam, Kanyakumari, Thoothukudi, Tirunelveli, and the Tamraparani River in the south, have been drawn to these regions as significant knowledge hubs.
• The ancient ties between these two knowledge centres are evident in various aspects of life, including recurring themes in literature and the presence of the name "Kashi" in numerous villages in Tamil Nadu.
• Notably, Saint Kumaragurupara from Tamil Nadu showcased audacity in negotiating with the Sultanate of Kashi, even bringing a lion to his courtyard to reclaim Kedarghat and secure a site for the consecration of the Vishweshwara Lingam.
  • His literary contribution, "Kashi Kalambakam," is a grammatical composition of poems on Kashi.
• King Adhiveera Rama Pandiyan of the Pandya Dynasty, after a pilgrimage to Kashi, dedicated a Shiva Temple in Tenkasi, Tamil Nadu, and composed "Kashi Kandam," a Skanda Purana in Tamil poetic verses.
  • Exploring and rediscovering the profound links between these two centres promises to yield essential knowledge in both intellectual and practical domains.

Why is it in the News?

In a major escalation of tensions between the Opposition and the government, 78 MPs were suspended from both Houses of Parliament on Monday, taking the total number of suspended MPs in this session to 92, both figures unprecedented in the history of the Indian Parliament. Opposition leaders termed it a “murder of democracy.”

Why were the MPs suspended?

• The MPs in both Houses were suspended for disrupting Parliamentary proceedings while protesting the December 13 Parliament security breach.
• 78 Opposition MPs were suspended from both Houses of Parliament on Monday, taking the total number of parliamentarians suspended during the ongoing Winter Session to 92.
• Of the 78 Opposition MPs, 33 were suspended from Lok Sabha and 45 from Rajya Sabha, marking the highest number of suspensions in a day.
• This comes just days after 14 Opposition lawmakers were suspended from Parliament for similar reasons.
• The suspension of 78 Opposition MPs in a single day has overtaken the previous such instance of large-scale suspension of MPs in 1989 when 63 MPs had been suspended.

Why do MPs Disrupt Parliament?

• There is an old tradition, irrespective of which party or alliance is in opposition, of MPs causing a ruckus inside Parliament.
• “Over the years, four broad reasons have been identified for disorder in legislatures.
  • the lack of time available to MPs for raising important matters
  • the unresponsive attitude of the government and retaliatory posture by Treasury benches
  • deliberate disruption by parties for political or publicity purposes, and
  • the absence of prompt action against MPs disrupting Parliamentary proceedings.
• Over the decades, the say the Opposition has in deciding the Parliamentary calendar has been reducing.
• Not only does the Government set the agenda in Parliament and decide how much time will be dedicated to any issue, but Parliamentary procedure also prioritises government business over other matters.
• Parliament has not updated its rules over the last 70 years in this regard.
• All parties have disrupted Parliament — and their view on disruptions has been determined almost always by whether they are in power or not.

Who Can Suspend the MPs?

• The Presiding Officer — the Speaker of LS and Chairman of RS — plays a major role in meting out suspensions.
  • In Lok Sabha, the Speaker acts in accordance with Rules 373, 374, and 374A of the Rules of Procedure and Conduct of Business.
  • In Rajya Sabha, the Chairman acts as per Rules 255 and 256 of the Rules.
• The procedure in both Houses is largely similar.

Under what circumstances can MPs be suspended from Lok Sabha?

• Rule Number 373, as outlined in the Rules of Procedure and Conduct of Business, grants the Speaker the authority to promptly instruct a Member to withdraw from the House if their conduct is deemed grossly disorderly.
  • Any Member ordered to withdraw must comply immediately and remain absent for the remainder of the day's sitting.
• Rule Number 374 empowers the Speaker to name a Member who persistently and willfully obstructs the business of the House or disregards the authority of the Chair.
  • Once named, the Speaker, upon a motion being made, shall expeditiously put forth the question of suspending the Member from the service of the House for a duration not exceeding the remainder of the session.
  • It is necessary for a Member suspended under this rule to leave the House premises immediately.

What are the rules for suspending MPs from the Rajya Sabha?

• In Rajya Sabha, the suspension of members is regulated by Rule 256.
• Unlike Lok Sabha, the Chairperson of Rajya Sabha lacks the authority to unilaterally suspend a member.
• Instead, suspension can only occur through a motion presented to the House.
• Rule 256(2) specifies that the Chair, upon naming a member, initiates a motion to suspend the said member for the duration of the remaining session.
• While the Chair lacks the power to independently suspend a member, they retain the authority to instruct the member to leave the House, as stipulated by Rule 255.
• This rule empowers the Chairman to direct the immediate withdrawal of any member whose conduct is deemed grossly disorderly, with the member obliged to absent themselves for the remainder of the day's meeting.

While these rules have mostly remained unchanged since 1952, in 2001, the Lok Sabha further empowered the Speaker to deal with “grave and disorderly conduct.” As per the new rule (Rule 374A), an MP “named” by the Speaker shall automatically stand suspended for a period of five days or the remaining part of the session. This rule removes the need for the House to pass a motion for suspension. Notably, the Rajya Sabha has not incorporated this provision in its procedures.

How Long Can MPs Be Suspended?

• Mild offences are punished by admonition or reprimand, with the latter being the more serious of the two punishments.
  • After this comes the punishment of “withdrawal.”
• As per Rule Number 373 in Lok Sabha’s Rules of Procedure and Conduct of Business: “The Speaker, if he is of the opinion that the conduct of any Member is grossly disorderly, may direct such Member to withdraw immediately from the House, and any Member so ordered to withdraw shall do so forthwith and shall remain absent during the remainder of the day’s sitting.”
• However, continuing to disregard the Presiding Officer’s directions can invite the punishment of suspension.
  • A member can be suspended, at the maximum, for the remainder of the session only.
  • Moreover, the House, at any point in time, can reinstate a suspended member by passing a motion.
• In cases of extreme misconduct, the House may expel a member “to rid the House of persons who are unfit for membership.”

Is Suspending MPs Common Practice?

• While it is a strong step, it is not uncommon. However, the number of suspensions has gone up over the last few years.
• At least 149 suspensions have been meted out, both Houses included, since 2019, compared with at least 81 in 2014-19, and at least 36 in 2009-14.
• “In most cases, disorders in the House arise out of a sense of frustration felt by members due to lack of opportunities to make his point or clear his chest of grievances of the people that move him or out of the heat of the moment.
• “What is more difficult to tackle is planned parliamentary offences and deliberate disturbances for publicity or for political motives.
• In many ways, it falls on the Presiding Officer to maintain a crucial balance in the House.

Conclusion

While maintaining the essential enforcement of the Speaker's supreme authority for the smooth conduct of parliamentary proceedings, it is imperative to underscore that the Speaker's role is primarily centred around managing the House rather than asserting dominance over it. A viable solution, therefore, needs to be devised with a focus on long-term sustainability, adherence to democratic values, and alignment with the dynamic and evolving context of India.

Why is it in the News?

On December 12, 2023, a unanimous decision by a 5:0 majority of Supreme Court judges clarified that Article 370 of the Indian Constitution is a facet of asymmetric federalism and does not imply internal sovereignty.

What is Asymmetric Federalism?

• Asymmetric federalism involves the uneven distribution of powers and relationships within the political, administrative, and fiscal domains among the federal units comprising a federation.
• This asymmetry can manifest in both vertical (between the center and states) and horizontal (among the states) dimensions.
• It can arise not only from constitutional provisions but also from the practical implementation of administrative, political, and fiscal systems within a federation.
• India's founding fathers acknowledged the importance of a diverse governance model that respects the unique cultural differences across the nation, allowing for a blend of self-rule within the framework of shared governance.

Why is it stated that India practices Asymmetric Federalism?

• India's administrative structure comprises the Centre and the States as primary forms of administrative units.
  • However, additional forms exist, each designed to cater to specific local, historical, and geographical contexts.
• In addition to the Centre and the States, India features Union Territories with a legislature, as well as Union Territories without a legislature.
  • Notably, territories like Puducherry and Delhi possess legislatures, while others under the Centre lack legislatures or a ministerial council for advisory purposes.
• Even among territories with legislatures, distinctions arise.
  • Puducherry holds legislative powers over matters in the State List or Concurrent List applicable to the Union Territory.
  • In contrast, Delhi, with a similar scope, has exceptions in three areas: police, land, and public order are beyond its jurisdiction.
    • However, Parliament retains overriding powers over laws enacted by the Assembly in Union Territories.
• Much like the non-identical powers of the Centre and the States, variations exist in the relationships between certain States and other constituent units of the Indian Union and the Centre.
• This introduces a noticeable asymmetry in the functioning of India's federal system.

What is Article 370 of the Indian Constitution?

• The most prominent illustration of asymmetry in Centre-State relations was evident in the special status enjoyed by Jammu and Kashmir until August 6, 2019, when the President announced the cessation of its special privileges.
• Under Article 370, the State had the authority to maintain its separate Constitution, establish its criteria for 'permanent residents,' restrict outsiders from owning property, and have the prerogative to not automatically apply any Indian law to its territory.
  • Specific approval by its Assembly was required for the operation of Indian laws.
• Jammu and Kashmir had the autonomy to formulate its Penal and Criminal Procedure Codes.
• The President had the authority to notify, at intervals, the constitutional provisions that could be extended to the State, with or without modifications.

Is Jammu and Kashmir the only state to enjoy special powers under the constitution?

• No, its not the only Indian state to enjoy such special provisions — 11 other states still continue to do as per the Indian Constitution.
• The Part XXI of the Constitution consists of articles on Temporary, Transitional and Special Provisions of some states, other than Jammu and Kashmir.
  • In the Part, apart from Article 370, there are also Articles 371, 371A, 371B, 371C, 371D, 371E, 371F, 371G, 371H, 371I, and 371J – which provide special provisions to Maharashtra, Gujarat, Andhra Pradesh, Karnataka, Goa and six of the seven sister states of North East India — Nagaland, Assam, Manipur, Sikkim, Mizoram, Arunachal Pradesh.
• However, Article 371I and Article 371E which deal with Goa and Andhra Pradesh respectively, do not offer any such special provisions to the state – and stand out from the rest.
• Articles 370 and 371 have been the part of Indian Constitution since it came into force on January 26, 1950.
  • But Articles 371 A- I was incorporated later through various amendments under Article 368, which is described as the “power of Parliament to amend the Constitution and procedure therefor”.

The states and the Articles under which they enjoy special provisions:

• Maharashtra and Gujarat (Article 371): The Governor of Maharastra has a special responsibility to establish “separate development boards” for regions like Vidarbha and  Marathwada, in Maharashtra; while Gujarat has the power to do so in Saurashtra and Kutch.
  • This was done to ensure “equitable allocation of funds for developmental expenditure over the said areas”, and “equitable arrangement providing adequate facilities for technical education and vocational training, and adequate employment opportunities” under the state government.
• Nagaland (Article 371A): In Nagaland, the Indian Parliament cannot legislate in matters of Naga religion or social practices, Naga customary law and procedure, administration of civil and criminal justice involving decisions according to Naga customary law, and ownership and transfer of land and its resources, without the state Legislative Assembly’s nod.
  • These provisions were included in the Constitution after a 16-point agreement between the Centre and the Naga People’s Convention in 1960, which led to the creation of Nagaland in 1963.
  • It also gives the Governor a special responsibility for law and order situations in Nagaland, especially in case of internal disturbances occurring in the Naga Hills-Tuensang Area.
  • Also, there is a provision for a 35-member Regional Council for Tuensang district, which elects the Tuensang members in the Assembly.
  • A member from the Tuensang district is Minister for Tuensang Affairs.
• Assam (Article 371B): Quite like Nagaland, The President of India may provide for the constitution and functions of a committee of the state Legislative Assembly consisting of members elected from the tribal areas of the state.
• Manipur (Article 371C): Similar to Assam here as well, the President may provide for the constitution and functions of a committee of elected members from the Hill areas of the state in the Assembly for the modifications to be made in the rules of business of the Government.
  • It also entrusts “special responsibility” to the Governor to ensure its proper functioning, and report to the President every year regarding the administration of the Hill Areas of the State.
• Andhra Pradesh (Article 371D, 371E): The President of India must ensure “equitable opportunities and facilities for the people” or ensure reservation in the matter of government jobs, education and other schemes by the state government.
  • The President also has power for direct recruitment to posts in any local cadre of the state government, and admissions in any university or educational institution in the state.
  • He is also entrusted for setting up an administrative tribunal outside the jurisdiction of the High Court to deal with issues of appointment, allotment or promotion in state civil services.
  • Article 371E allows the establishment of a Central University in Andhra Pradesh by a law of Parliament.
• Sikkim (Article 371F): The Article gives Sikkim to hold a Legislative Assembly of minimum 30 members, notwithstanding anything this the Constitution.
  • These members shall elect the representative of Sikkim in the Indian Parliament.
  • To protect the rights and interests of various sections of the population of Sikkim, Parliament may provide for the number of seats in the Assembly, which may be filled only by candidates from those sections.
  • The Governor of the state also has “special responsibility for peace and for an equitable arrangement for ensuring the social and economic advancement of different sections of the population”.
  • It also states that any existing laws in Sikkim during its formation shall continue, and any adaptation or modification shall not be questioned in any court.
• Mizoram (Article 371G): According to the Article, the Legislative Assembly of AP should not contain less than 40 members.
  • Apart from that, similar to Nagaland in Mizoram as well the Parliament can not make laws on “religious or social practices of the Mizos, Mizo customary law and procedure, administration of civil and criminal justice involving decisions according to Mizo customary law, ownership and transfer of land” unless the state Assembly decides to do so.
• Arunachal Pradesh (Article 371H): This article vests the Governor with special responsibility for law and order of the state, but he will have to consult the Council of Ministers in the state before exercising his individual judgment.
  • However, if a matter arises where the Governor is required to act in the exercise of his individual judgment, then it should be considered as final and “shall not be called in question.”
• Karnataka (Article 371J): Article 371J allows the establishment of a separate development board for the backward districts in the Hyderabad-Karnataka region — similar to the provisions made for Maharashtra and Gujarat.
  • This board will have to report to the state Assembly every year.
  • It also ensures reservation for people of this region, in government jobs and education.

Why is it in the News?

The Allahabad High Court on Thursday allowed the primary survey of the Shahi Idgah complex adjacent to the Shri Krishna Janmabhoomi Temple in Uttar Pradesh's Mathura by a court-monitored three-member team of advocate commissioners.

Context:

• The Allahabad High Court recently approved the survey of the Shahi Idgah complex in Uttar Pradesh's Mathura.
  • Petitioners claim that the Shahi Idgah adjoining the Krishna Janmabhoomi temple in Mathura holds signs suggesting that it was a Hindu temple once.
• The Krishna Janmabhoomi-Shahi Idgah case is the second temple-mosque dispute in which the high court has allowed to conduct a survey over the past months.
• Earlier, a survey was ordered in the Gyanvapi-Kashi Vishwanath temple dispute in Varanasi.

What is Krishna Janmabhoomi-Shahi Idgah case?

• The mosque was built by Aurangzeb in 1670 on the site of an earlier temple.
• The area was regarded as nazul land — non-agricultural state land owned by the Marathas, and then the British.
• Before the mosque was built, Raja Veer Singh Bundela of Orchha had also built a temple on the same premises in 1618.
• In 1815, Raja Patni Mal of Benaras bought the 13.77 acres in an auction from the East India Company.
• The Raja’s descendants — Rai Kishan Das and Rai Anand Das — sold the land to Jugal Kishore Birla for Rs 13,400, and it was registered in the names of Pandit Madan Mohan Malaviya, Goswami Ganesh Dutt, and Bhiken Lalji Aattrey.
• The Shri Krishna Janmabhoomi Trust was set up by Birla, and it acquired the ownership rights over the Katra Keshav Dev temple.
• In 1951, the 13.77 acres were placed in the trust, with the condition that the “trust property will never be sold or pledged.”
• In 1956, the Shri Krishna Janmasthan Sewa Sangh was set up to manage the affairs of the temple.
  • In 1977, the word ‘Sangh’ in the registered society’s name was replaced with ‘Sansthan.’

What is the Latest Plea in the Sri Krishna Janmabhoomi-Shahi Idgah Case?

• The latest application was filed by the Hindu side, seeking a survey of the Shahi Idgah mosque — which was allowed by a Bench of Allahabad High Court recently.
• The petition pleads that the High Court passes an order directing the UP Sunni Central Waqf Board and the Shahi Idgah mosque committee “to remove the construction raised by them encroaching upon the land” in dispute.
  • The petition further asks the court to direct the two opposing parties to hand over the land to the Shree Krishna Janmbhoomi Trust within the time provided by the court.
• The plea further seeks an order restraining the Waqf Board and the mosque committee, and that people on their behalf from entering into the premises of the 13.37 acres of land at Katra Keshav Dev City and District Mathura.
• It also says that a “compromise agreement” dated October 12, 1968, between the Shri Krishna Janmasthan Seva Sansthan — the temple management authority, a registered society under law — and the Trust Shahi Masjid Idgah – was “illegal and void”.
  • The reasoning behind this, as per the plea is that “society Shree Krishna Janmasthan Seva Sangh had no right over the property involved”.
• The petition filed by the Hindu side says that “it is a matter of fact and history that Aurangzeb ruled over the country and had issued orders for demolition of a large number of Hindu religious places and temples including the temple standing at the birth place of Lord Shree Krishna at Katra Keshav Dev, Mathura in the year 1669-70 AD”.
• “The army of Aurangzeb partly succeeded in demolishing Keshav Dev Temple and a construction was forcibly raised showing the might of power and said construction was named Idgah Mosque.
• The petition also says that “the order (for demolition) passed by Aurangzeb finds a place in the Official Court Bulletin (Akhbaraat) of January – February 1670”.

What are the counterclaims from the Muslim side?

• The Muslim side claimed that “the Shahi Idgah Mosque does not fall within the ambit of 13.37 acres land at Katra Keshav Dev”.
• “The place of birth of Lord Krishna does not lie beneath the Mosque. The claim of the plaintiffs is based on guesswork and is not substantiated by any documentary evidence.

The case so far and Gyanvapi order:

• At least a dozen cases were filed in courts in Mathura by different petitioners.
  • A common thread in all the petitions is a prayer for the removal of the mosque from the 13.77-acre complex.
• The latest Mathura order is similar to the one in Varanasi’s Gyanvapi Mosque, also built adjacent to a venerated Hindu temple.

What Happened in the Case of the Gyanvapi Mosque?

• Last year in the month of May, a videographic survey of the Kashi Vishwanath temple-Gyanvapi mosque was completed by a Commission appointed by the local court.
  • During the survey proceedings, a structure which the Hindu side claimed was a “shivling”, and the Muslim side claimed was a “fountain”, was found to be inside the mosque premises.
• Subsequently, a scientific survey of the Gyanvapi mosque complex was ordered by the Varanasi district court.
• This time, the District and Sessions Judge AK Vishvesha had directed the ASI to “undertake scientific investigation/survey/excavation at the property in question.
• The survey was halted after the mosque committee approached the Allahabad High Court, and then the Supreme Court, seeking a stay on the survey.
• Both the courts cleared the decks for the survey which was resumed on August 4 amid tight security arrangements.
• The ASI teams have been surveying the campus since.
• Recently, the Varanasi district court granted some more time to the Archaeological Survey of India (ASI) to submit the findings of the court-ordered scientific survey of the Gyanvapi mosque premises.

Why is it in the News?

The Multidimensional Poverty Index exaggerates the National Democratic Alliance’s success in fighting deprivation.

Context:

• Some critics argue that the initiatives undertaken by the NDA Government might not have comprehensively tackled the various dimensions of poverty.
• Additionally, there are concerns that the reported successes may not be accurately reflected in the Multidimensional Poverty Index (MPI), raising questions about its alignment with the ground reality of deprivation.
• It is crucial to delve deeper into the methodologies and criteria employed for measuring multidimensional poverty to ascertain their resonance with the nuanced challenges confronted by the population.
• Nobel Laureate Amartya Sen introduced a comprehensive and innovative outlook on well-being, emphasizing capabilities and functionings, commonly referred to as the capability approach.

What is Amartya Sen's Capability Approach?

• Amartya Sen's Capability Approach serves as a normative framework for assessing individual well-being and societal arrangements.
  • Rather than focusing on happiness, preferences, or resources, this approach directs attention to the genuine opportunities and freedoms available to individuals in realizing lives aligned with their values.
• Sen's Capability Approach comprises two central elements: functionings and capabilities.
  • Functionings represent valuable states of being and doing that an individual can attain, such as good health, education, or social engagement.
  • On the other hand, capabilities encompass the array of alternative functionings that individuals can choose from within their personal and social contexts.
• Illustratively, an individual's capability may extend to being either well-nourished or undernourished, contingent upon factors like access to food and dietary choices.
  • Sen argues that the capability approach offers a superior means of evaluating human welfare compared to other approaches like utilitarianism and resourcism, which he deems either excessively narrow or insufficiently attuned to the diversity and intricacy of human experiences.
• Utilitarianism centres around choices leading to the greatest happiness or satisfaction of desires, while resourcism concerns the distribution of resources like income, wealth, or goods in society.
  • According to Sen, the ultimate aim of development should be the expansion of people's capabilities, surpassing mere considerations of income or utilities.
• Amartya Sen's Capability Approach has notably influenced the development of the Human Development Index.

What is the Human Development Index (HDI)?

• HDI serves as a statistical tool employed to assess a country's overall achievements across its social and economic dimensions.
• It is published by the United Nations Development Programme (UNDP).
• It stands as the second most widely utilized indicator for gauging economic progress, following national income statistics (GDP).
• Components: HDI comprises three key components, namely:
  • Health, quantified by life expectancy at birth;
  • Education, determined by a combination of mean years of schooling and expected years of schooling; and
  • Income, evaluated by gross national income per capita (at purchasing power parity).
• Calculation: The ultimate score is computed as a geometric mean of the aforementioned three categories.

What is the Multidimensional Poverty Index (MPI)?

• The Multidimensional Poverty Index (MPI) is an indicator of poverty that takes into account diverse aspects of well-being, extending beyond monetary considerations or income alone.
  • Originating from collaborative efforts between the Oxford Poverty and Human Development Initiative (OPHI) and the United Nations Development Programme (UNDP), the MPI offers a holistic perspective on poverty by incorporating a range of factors contributing to deprivation.
• In assessing poverty, the MPI identifies individuals or households as multidimensionally poor when they experience deprivation across various indicators within different dimensions of well-being.
  • These dimensions typically encompass health, education, and the standard of living. By considering a broad spectrum of factors, the MPI provides a nuanced and comprehensive understanding of poverty.

What is the Current Status of MPI?

• Regrettably, the United Nations Development Programme (UNDP) has chosen to adopt a capabilities-based approach to formulate a comprehensive measure of human development, applying uniform weights to the three primary components—health, education, and standard of living, along with their sub-indices.
  • Under this methodology, both NITI Aayog and the UNDP recently released the National Multidimensional Poverty Index/MPI: A Progress Review 2023, mirrored in the UNDP Report titled "Making Our Future: New Directions for Human Development in Asia and the Pacific," unveiled on November 7, 2023.
• However, these reports share the same shortcomings as the UNDP human development index, primarily stemming from aggregation with uniform weighting.
  • Notably, the narrative surrounding the MPI exacerbates these distortions.
• Surprisingly, the MPI 2023 estimates indicate a nearly halved value for India's national MPI and a decline from 24.85% to 14.96% between 2015-16 and 2019-21.
  • This substantial reduction of 9.89 percentage points suggests that approximately 135.5 million people have transitioned out of poverty during this period.
  • Furthermore, the intensity of poverty, gauging the average deprivation among individuals in multidimensional poverty, decreased from 47.14% to 44.39%.

Why the Reduction in MPI Numbers Under the Current Government is Flawed?

• Misleading and Inadequate Information: The MPI relies on data from the National Family Health Surveys (NFHS) 4 and 5, which are deemed insufficiently detailed for accurate estimation.
  • NFHS 5 data is particularly questionable due to its suppression, driven by discrepancies in open defecation estimates conflicting with official claims of complete elimination.
• Ideally, combining NFHS 4 and 5 with the 75th Round of the National Sample Survey (NSS) on household consumption expenditure should have provided a more comprehensive perspective.
  • However, this was abandoned as leaked poverty estimates indicated an increase.
• Compounding the skepticism is the profound impact of the COVID-19 pandemic in 2020-21.
  • The widespread loss of livelihoods, reverse migration fatalities, and inadequate access to vaccines and medical care have created a substantial economic shock, hindering India's recovery.
  • For instance, GDP growth has plummeted from 8% in 2015-16 to 3.78% in 2019-20, reaching -6.60% in 2020-21, along with a decline in per capita income.
• Greater Emphasis on Covariates: Comparing the elasticities of MPI with respect to various covariates reveals that the most significant reduction in MPI is attributed to higher State per capita income.
  • However, due to a drastic income decrease, MPI has spiked.
  • Urban location follows in importance, with a 1% increase resulting in a 0.90% MPI increase, reflecting the challenges associated with rural-urban migration and the growth of substandard living conditions.
• Both healthcare and education expenditure are associated with lower MPI, with education exhibiting a higher elasticity, implying that a 1% increase in education spending reduces MPI more than a comparable increase in healthcare spending.
• Reduction Between 2015 and 2019-21 is Considerably Lower than the Official Estimate:
  • Some research suggests that the reduction between 2015 and 2019-21 is notably lower than the official estimate, standing at 4.7 percentage points compared to the reported 9.89 percentage points.
  • A selective review of MPI estimates indicates a rise in poverty in Uttar Pradesh, India's most populous state, by over seven percentage points.
  • Among states that went to elections in November (Chhattisgarh, Madhya Pradesh, Mizoram, Rajasthan, and Telangana), MPI fell in Chhattisgarh (by over six percentage points), in Rajasthan (by two percentage points), and significantly in Madhya Pradesh (by about eight percentage points).

What Steps Should Be Taken in order to Improve MPI?

• Adjustment for Income Variability: Given the substantial decrease in State per capita income causing a surge in MPI, consider implementing mechanisms to account for income fluctuations.
  • This may involve incorporating smoothing techniques or introducing a lagged income variable to capture economic effects over time.
• Dynamic Impact of Urban-Rural Migration: Recognize the dynamic impact of factors on urban locations, particularly in light of the reverse migration during the COVID-19 pandemic.
  • Develop models that reflect changing patterns of rural-urban migration and its influence on living conditions and MPI.
• Focus on Education Expenditure: Emphasize expenditure on education, as both healthcare and education spending are linked to lower MPI.
  • Notably, the elasticity of education is higher, suggesting that a 1% increase in education reduces MPI more than a comparable increase in healthcare.
  • Given the reported decline in state-level educational expenditure, a rise in MPI is likely.
• Mitigate the Impact of MPs with Criminal Cases: Recognize and address the correlation between the share of Members of Parliament with criminal cases and higher MPI.
  • Explore strategies such as policy initiatives to curb corruption, enhance transparency, and address challenges posed by criminal elements within legislative bodies.
  • Studies indicate that when the share of MPs with criminal cases exceeds 20%, the MPI tends to be higher.
• Sensitivity Analysis: Conduct sensitivity analyses to test the robustness of the MPI model.
  • This involves varying key parameters to understand how changes in inputs impact results, providing insights into the stability and reliability of MPI calculations.
• Policy Recommendations: Utilize findings to inform policy recommendations targeting identified drivers of poverty.
  • Advocate for policies promoting income stability, targeted investments in education and healthcare, and measures to combat corruption and criminality within legislative bodies.

Conclusion

Enhancing the Multidimensional Poverty Index (MPI) requires proactive measures. Addressing income variability, acknowledging dynamic urban-rural migration impacts, and prioritizing education expenditure is pivotal. Additionally, mitigating the influence of MPs with criminal cases and conducting sensitivity analyses for robustness are essential steps. Ultimately, informed policy recommendations should focus on promoting income stability, targeted investments in education and healthcare, and tackling corruption to advance holistic poverty reduction strategies.

Why is it in the News?

Following protests by former Chief Election Commissioners (CECs) and Opposition parties, the Centre on Tuesday moved amendments which sought to retain the status of the Election Commissioners (ECs) on par with Supreme Court Judges.

Context:

• In response to protests from former Chief Election Commissioners (CECs) and Opposition parties, the Centre introduced amendments on Tuesday aiming to preserve the equivalence of status for Election Commissioners (ECs) with Supreme Court Judges.
  • Earlier, the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, first introduced in Rajya Sabha on August 10, had sought to downgrade their salaries, perks and allowances, aligning them with those of a Cabinet Secretary.
• The Bill, along with the amendments, was discussed and passed by voice vote in just over four hours in Rajya Sabha on Tuesday, after the Opposition staged a walkout.
  • The Bill is yet to be introduced in Lok Sabha.
• The Bill regulates the appointment of the CEC and two ECs by constituting a three-member selection committee comprising the Prime Minister, the Leader of the Opposition and a Cabinet Minister.
  • Till now, the CEC and ECs were appointed by the President on the advice of the government, as there was no law enacted for the purpose.

Key Highlights of the New Bill:

• Exclusion of CJI and Inclusion of Cabinet Minister: The bill proposes the removal of the Chief Justice of India from the selection panel, replacing the position with a Cabinet Minister nominated by the Prime Minister.
  • The Leader of Opposition in Lok Sabha is designated as a member of the selection committee.
• Selection Criteria: The Election Commission of India (ECI) will comprise a Chief Election Commissioner (CEC) and other Election Commissioners (ECs) selected from individuals who have held a position equivalent to Secretary to the Government of India.
  • Emphasis on integrity, knowledge, and experience in election management.
• Selection Process: A Search Committee, led by the Law Minister, will propose a list of names to the selection committee.
  • The Selection Committee, chaired by the Prime Minister, includes the Leader of Opposition or the leader of the largest Opposition party in Lok Sabha, and a Cabinet Minister appointed by the Prime Minister.
  • The Selection Committee may consider individuals beyond the Search Committee's recommendations.
• Terms and Tenure: The term of CEC and ECs remains at 6 years or until the age of 65, whichever comes earlier.
  • The salary of CEC and ECs aligns with that of a Supreme Court judge.
• Repeal of 1991 Act: The bill repeals the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, which guided the functioning of the ECI.
• Decision-Making within ECI: Business of the ECI should ideally be conducted unanimously; in case of a difference of opinion, the majority's decision prevails.
• Removal Process: CEC's removal aligns with the procedure and grounds applicable to a Supreme Court judge.
  • Removal of election commissioners is subject to the recommendation of the CEC.
• Protection Clause: The bill introduces a provision safeguarding current and former CECs and election commissioners from civil or criminal proceedings related to their official duties.

The Supreme Court's Stance on Election Commission Appointments:

• A Constitution Bench comprising five judges addressed multiple petitions advocating a selection process akin to that of the Central Bureau of Investigation (CBI) Director.
• In March 2023, the Court unanimously criticized the existing system where the Centre appoints members of the election watchdog.
• Citing Article 324(2) of the Constitution, the Court urged Parliament to enact legislation specifying the criteria for selection, terms of service, and tenure for the Chief Election Commissioner (CEC) and Election Commissioners (ECs).
• Pending legislative action, the apex court constituted a panel consisting of the Prime Minister, the Chief Justice of India, and the leader of the opposition to carry out these appointments.

What happens now?

• Since no vacancy has emerged in the ECI since the Supreme Court order of March, no appointments have been made through the mechanism laid down by the court.
  • The next vacancy is expected to arise in February 2024, when EC Anup Chandra Pandey will retire.
• Meanwhile, the amendments that are set to be moved by Law Minister are expected to restore the equivalence with a Supreme Court judge.
• According to the amendments proposed by the Minister, the status of the EC would be kept the same as that of a Supreme Court judge, with the same salary, dearness allowance and leave encashment rules.

Election Commission of India (ECI):

• The Election Commission of India (ECI) is an independent and permanent constitutional body entrusted with the responsibility of conducting impartial and transparent elections in India.
• Constitutionally empowered, the ECI oversees and directs elections for Parliament, state legislatures, the president, and the vice-president of India.

Key Functions of the ECI: