In News:

India's commitment to achieving net-zero carbon emissions by 2070 presents a significant challenge, with only 45 years remaining to reach this ambitious target. The path to net-zero requires a balancing act between economic development, energy security, and climate adaptation. India’s efforts to meet its climate goals will be shaped by multiple factors, including resource constraints, land use, and financial limitations.

Why Net-Zero at All?

• Scientific Consensus on Climate Change
  • Climate change is a growing concern, with the global temperature rise already reaching 1.1°C above pre-industrial levels.
  • To avoid catastrophic impacts, the world needs to limit the temperature rise to 1.5°C. The remaining global carbon budget for this target is around 400-500 billion tonnes of CO?.
• Necessity of Sharp Emission Reductions
  • Countries must drastically reduce emissions to stay within the carbon budget. Achieving net-zero emissions is essential for maintaining global climate stability.

Equity in Net-Zero Transitions

• Developed vs. Developing Countries
  • Developed nations, historically responsible for a large share of emissions, are expected to lead the transition. However, they have not met the financial and technological support commitments for developing countries.
  • Developing nations like India, with low per capita emissions, are under pressure to balance climate action with economic development.
• Climate Justice
  • India’s per capita emissions are among the lowest globally, but the richest 10% of Indians contribute significantly to national emissions, exacerbating inequality.
  • The impacts of climate change disproportionately affect the economically weaker sections, making the transition to net-zero not only an environmental challenge but a social justice issue as well.

The Challenge of Balancing Development and Sustainability

• Limits of India’s Resources
  • India faces resource constraints, including land, water, and biodiversity, which limit the feasible expansion of renewable energy capacity.
  • Meeting energy demands while ensuring food security, forest cover, and biodiversity preservation becomes increasingly challenging as energy requirements rise.
• Sustainable Consumption vs. Aspirational Lifestyles
  • India’s aspiration to emulate the developed world’s lifestyle is unsustainable due to limited resources, which could lead to severe consequences like groundwater depletion, heat stress, and biodiversity loss.
  • The focus should be on sufficiency consumption corridors, ensuring that consumption meets developmental goals without exceeding sustainable limits.

Projected Power Demand and Renewable Energy Targets

• Rising Power Demand
  • India’s power demand could increase nine to ten-fold by 2070. Meeting this demand entirely via renewable energy requires significant expansion in energy generation capacity:
    1. 5,500 GW of solar energy
    2. 1,500 GW of wind energy
• Land Use Constraints
  • To meet these targets, India must address land-use trade-offs. Expanding beyond 3,500 GW of solar and 900 GW of wind would require significant compromises in land availability for other uses, including agriculture and conservation.

Strategic Pathways to Net-Zero: Demand and Supply Measures

• Demand-Side Measures
  • Energy-efficient construction: Use of better materials and passive designs to reduce cooling energy demand.
  • Urban transport: Shift to public and non-motorized transport to reduce energy consumption in cities.
  • Dietary choices: Promoting sustainable dietary practices to reduce the carbon footprint of food systems.
  • Electrification: Focus on alternative fuels and energy-efficient appliances.
• Supply-Side Measures
  • Decentralization of Energy Production: Expanding rooftop solar panels and solar pumps for agriculture.
  • Nuclear Power Expansion: Increase nuclear energy to provide a low-carbon baseload and complement renewable sources like solar and wind, which are intermittent.

The Role of International Cooperation and Financial Support

• Global Cooperation
  • Global climate action requires alignment between national interests, which may not always coincide, as seen in the context of the U.S. presidential election potentially influencing global climate policy.
  • India’s path to net-zero depends heavily on international climate financing, technology transfer, and collaborative efforts to address climate justice.
• Equitable Financing for Developing Countries
  • Developed countries are expected to provide financial support to developing nations like India to achieve climate goals. However, this support has been insufficient to date.

Conclusion: India’s Balancing Act

India faces a challenging balancing act as it seeks to provide quality of life for its growing population while achieving its climate adaptation and mitigation goals. The path to net-zero will require careful management of economic growth, energy production, and resource conservation. India must focus on demand-side strategies to reduce energy consumption and increase efficiency while expanding renewable energy infrastructure in a sustainable manner. Additionally, international cooperation and financial support will be crucial in ensuring that India’s transition to net-zero is equitable, efficient, and aligned with its developmental priorities.

In News:

Andhra Pradesh's (AP) natural farming model presents a transformative opportunity to reshape the state’s agricultural landscape by 2050. An analysis by the Food and Agriculture Organization (FAO), in collaboration with the AP government, reveals how scaling natural farming could employ more farmers, increase incomes, and foster sustainable agricultural practices, potentially surpassing the benefits of conventional industrial agriculture.

AgroEco2050: Exploring Two Agricultural Futures

The AgroEco2050 initiative aimed to envision two possible futures for Andhra Pradesh’s agricultural systems by 2050:

• Industrial Agriculture Path: Focusing on intensification of conventional farming, relying heavily on chemicals, machinery, and monocultures.
• Natural Farming Path: Expanding agroecological practices, relying on regenerative, chemical-free farming methods to create more jobs, better livelihoods, and improve the environment.

The study compared these pathways, analyzing their impacts on employment, income, food production, biodiversity, and land use.

Key Findings: Natural Farming’s Impact on Employment and Income

• Employment Growth
  • By 2050, natural farming would employ twice as many farmers as industrial agriculture: 10 million compared to 5 million.
  • Unemployment in natural farming would decrease to 7%, in stark contrast to a projected 30% unemployment rate in the industrial agriculture scenario.
• Farmer Income
  • Natural farming is expected to be more profitable for farmers due to lower input costs (seeds, fertilizers, machinery) and higher market prices for high-quality produce.
  • The income gap between farmers and non-farmers, which stood at 62% in 2019, would decrease to 22% under natural farming by 2050, a sharp improvement compared to the 47% gap predicted under industrial agriculture.

What is Natural Farming?

Natural farming is an ecological, chemical-free farming system that emphasizes the use of locally available resources. Key practices include:

• Biodiversity-based pest management
• On-farm biomass recycling (e.g., mulching)
• Indigenous techniques like using cow dung and urine for soil fertility.

Globally recognized as a form of regenerative agriculture, it offers a sustainable alternative to industrial agriculture by sequestering carbon and restoring soil health.

Global Adoption

States like Andhra Pradesh, Karnataka, Himachal Pradesh, and others are already adopting natural farming. While still evolving, its acceptance among farmers is steadily growing.

Zero Budget Natural Farming (ZBNF) in Andhra Pradesh

Origin and Growth

• In 2016, Andhra Pradesh launched the Zero Budget Natural Farming (ZBNF) initiative to offer a sustainable alternative to capital-intensive agriculture.
• This program, implemented by RythuSadhikaraSamstha, targets covering 6 million farmers across 6 million hectares.

National Recognition

The ZBNF approach gained national attention when it was featured in the 2019 Union Budget, aimed at doubling farmers' incomes by 2022. The central government now promotes this model under the Paramparagat Krishi Vikas Yojana (PKVY).

Challenges in Scaling Natural Farming

• Farmer Training and Support
  • Farmers need ongoing education and support to transition effectively to natural farming. Current training systems often fail to address the full scope of their needs.
• Certification Barriers
  • The certification process for organic farming, including Participatory Guarantee Systems (PGS) and third-party certifications, is complex and costly, presenting a barrier for small-scale farmers.
• Marketing and Procurement Challenges
  • There is a lack of effective marketing systems for organic products, which hampers the ability of farmers to sell their produce at fair prices.
  • Without strong procurement or buy-back systems, farmers may struggle to find markets for their products.
• Policy and Funding Gaps
  • Organic and natural farming programs still receive minimal funding compared to subsidies for chemical fertilizers, impeding large-scale adoption.
  • Slow state-level implementation and a continued reliance on chemical inputs also delay the widespread shift to natural farming.

Moving Forward

• Scientific Research on Yields
  • To address concerns about lower yields for staple crops, more scientific research is needed to assess the long-term viability of natural farming, especially for crops like wheat and rice, which are crucial for India’s food security.
• Localized Adoption
  • Natural farming may be best suited for non-staple crops or localized farming, balancing sustainability with the need for food security.
• Risk Mitigation for Food Security
  • Careful evaluation of natural farming’s impact on staple crop yields is necessary to avoid the food security risks witnessed in countries like Sri Lanka, where a sudden shift to organic farming led to reduced yields and increased prices.

Conclusion

The Andhra Pradesh natural farming model offers a promising alternative to industrial agriculture, with the potential to create jobs, improve farmers' incomes, and promote environmental sustainability. However, for this vision to become a reality, significant efforts must be made to address challenges related to training, certification, marketing, and funding. With continued research, policy support, and community involvement, natural farming can play a crucial role in feeding the future and promoting a more sustainable agricultural system.

Why in the News?

Khap Panchayats have attracted attention due to their evolving role in addressing key socio-economic issues like unemployment, education, and rural development. Modernization efforts are underway to regulate these traditional councils, integrating them into formal Alternative Dispute Resolution (ADR) systems for better governance, accountability, and social justice.

What are Khap Panchayats?

Definition and Origin:

Khap Panchayats are community-based councils primarily found in North India, particularly in Haryana, Uttar Pradesh, and parts of Rajasthan. These informal bodies, composed of elders from kinship groups (Khaps), have historically served as local governance bodies that resolve disputes within their communities. Their origins trace back centuries and they function alongside formal legal systems, often prioritizing customary norms over constitutional law.

Historical Role:

Historically, Khap Panchayats have maintained social order in rural areas, acting as forums for dispute resolution related to marriage, property, and community matters. While their decisions were respected within their communities, they operated parallel to formal courts, and their influence was often seen as a stabilizing force in rural society. However, their structure has also contributed to the perpetuation of patriarchal practices and social exclusion.

Issues with Khap Panchayats

• Patriarchal Practices:Khap Panchayats have often been associated with gender inequality. They enforce rigid social norms that limit women's autonomy, particularly in matrimonial matters, inheritance rights, and personal freedoms. This has led to criticism for their role in suppressing women's rights.
• Honor Killings and Social Conservatism:Khap Panchayats are notorious for opposing inter-caste and same-gotra marriages, at times even endorsing honor killings to preserve social order. Such practices are violations of fundamental rights and personal freedoms guaranteed by the Indian Constitution.
• Legality Concerns:The decisions of Khap Panchayats often clash with constitutional values such as equality, personal liberty, and dignity. Their informal judgments lack legal validity and frequently violate the rule of law, raising significant concerns about their adherence to India’s legal framework.
• Caste-based Discrimination:Khap Panchayats have been criticized for reinforcing caste hierarchies, which leads to discrimination and exclusion of marginalized communities. Their focus on preserving traditional caste structures often results in the oppression of the vulnerable, particularly lower-caste groups.

Gender Dynamics and Evolving Roles of Khap Panchayats

In recent years, some Khap Panchayats have started to show more progressive and inclusive stances, particularly in promoting gender justice:

• Support for Women Athletes:Khap Panchayats have begun to recognize and celebrate the achievements of women, particularly in sports. Several Khap bodies have felicitated women sportspersons, contributing to a growing culture of sports among rural women. This marks a shift from their traditionally patriarchal stance.
• Promoting Gender Justice:Notably, the MehamChaubisiKhap in Haryana has played a significant role in advocating for women’s rights and gender equality. It was involved in supporting the 2023 wrestlers' protest against sexual harassment, demonstrating a shift towards gender-related activism and social reform.

Supreme Court Ruling on Khap Panchayats:

In the landmark Shakti Vahini v. Union of India case (2018), the Supreme Court of India addressed the issue of honor killings and inter-caste marriages. The Court emphasized that honor killings violate fundamental rights and called for strict measures to prevent such crimes. The Court further directed state governments to establish special protection cells for couples facing threats from their families and communities. This ruling underscored the importance of personal liberty and freedom of choice, regardless of community or caste.

What is Alternative Dispute Resolution (ADR)?

Definition and Importance:

Alternative Dispute Resolution (ADR) refers to methods of resolving disputes without resorting to formal litigation. These methods include mediation, arbitration, and conciliation, all of which encourage cooperative problem-solving and mutually agreeable solutions. ADR is particularly important in India due to the overburdened judicial system, which faces a backlog of cases and delays.

ADR offers several advantages, including:

• Cost-effectiveness
• Confidentiality
• Flexibility
• Improved relationships between parties involved

Types of ADR Mechanisms:

• Arbitration: A formal process where an arbitrator resolves disputes and their decision is legally binding.
• Conciliation: A third-party neutral assists the parties in reaching an agreement, and the recommendations can be accepted or rejected.
• Mediation: A mediator facilitates communication between disputing parties, helping them reach a voluntary and mutually agreeable resolution.
• Negotiation: A direct negotiation between the parties without third-party involvement, aiming for a mutually acceptable settlement.

Integrating Khap Panchayats into the Formal ADR System

Given the potential of Khap Panchayats as community-based governance bodies, integrating them into the formal ADR framework can significantly enhance their role in dispute resolution. Here are some strategies for modernizing Khap Panchayats:

• Legal Recognition of ADR Role:Khap Panchayats can be legally recognized within the ADR framework, formalizing their role in mediation and dispute resolution, ensuring their decisions align with constitutional norms and human rights.
• Training and Capacity Building:Khap leaders can undergo training in ADR techniques such as mediation and arbitration, equipping them with skills to resolve conflicts impartially and in line with legal standards. This would help transition Khaps from informal bodies to more structured and legally compliant dispute resolution mechanisms.
• Legal Regulation and Oversight:Regulations can be put in place to define the scope and limitations of Khap Panchayats' authority, ensuring their decisions do not violate human rights or the constitution. Oversight mechanisms should be established to monitor their actions and prevent practices like honor killings or forced marriages.
• Shift Towards Developmental Roles:Some Khap Panchayats are already advocating for progressive reforms in areas like unemployment, education, and rural development. By focusing on these issues, Khap Panchayats can serve as agents of social change and contribute to community development.
• Awareness and Accountability:Awareness campaigns can educate rural communities about constitutional rights and the legal system, emphasizing the importance of formal legal frameworks and human rights. At the same time, Khap Panchayats should be held accountable for actions that undermine justice or equality.
• Collaboration with Formal Institutions:Khap Panchayats can collaborate with local governance bodies and judicial institutions, ensuring that their decisions align with the rule of law and contribute to social justice. This would enhance their role in inclusive decision-making and legally sound governance.

Conclusion

Khap Panchayats, with their deep-rooted history and influence, have the potential to evolve into modern governance institutions. By integrating them into the formal ADR framework, aligning their practices with constitutional values, and focusing on community development, they can contribute positively to dispute resolution and social reform in rural India. This transformation will require legal regulation, training, oversight, and awareness to ensure that Khap Panchayats function as effective, equitable bodies that respect the fundamental rights of all individuals.

In News:

• In 2023, the central government imposed a Net Borrowing Ceiling (NBC) on Kerala, limiting its borrowing capacity to 3% of the projected Gross State Domestic Product (GSDP) for the fiscal year 2023-24.
• Impact on Kerala’s Finances: This ceiling has significantly impacted Kerala’s ability to meet its expenditure needs and fund developmental activities, triggering political and legal disputes. Kerala has approached the Supreme Court of India, arguing that the imposition of NBC infringes upon its constitutional rights under Article 293 of the Indian Constitution.

Constitutional Provisions on Borrowing Powers

Article 292: Borrowing Powers of the Centre

• Central Government’s Borrowing: Article 292 grants the Central Government the authority to borrow money on the security of the Consolidated Fund of India.
• Limits on Borrowing: The extent of borrowing by the Centre is determined by laws enacted by Parliament.

Article 293: Borrowing Powers of the States

• State Borrowing: Article 293 allows State Governments to borrow within India against the Consolidated Fund of the State. However, it imposes certain conditions:
  • If a State has outstanding loans or guarantees given by the Centre, the Centre’s consent is required to raise further loans.
  • The Central government can impose conditions when granting such consent.

Centre’s Role in State Borrowing

• Article 293(3) allows the Centre to impose conditions on a state’s borrowing if it has existing liabilities or guarantees outstanding.
• The Centre has wide discretion in granting or denying consent, which has been a point of contention in Kerala’s case.

The Imposition of Net Borrowing Ceiling (NBC)

Scope of the NBC

• Comprehensive Coverage: The NBC encompasses all borrowing avenues, including open market loans, loans from financial institutions, and liabilities from State public accounts. To curb circumventing of the borrowing cap via State-owned enterprises, the NBC also covers borrowings by these entities.

Purpose of NBC

• Fiscal Discipline: The NBC is designed to regulate borrowing and prevent states from accumulating unsustainable levels of debt, thus ensuring financial stability.
• Transparency: By including all borrowing avenues, including off-budget borrowings by state-owned enterprises, the NBC aims to provide a clearer picture of a state’s financial health.

Arguments for the NBC

• Macroeconomic Stability: The NBC helps maintain macroeconomic stability by controlling the borrowing levels of states, thus protecting the national economy.
• Compliance with FRBM Act: The NBC aligns with the Fiscal Responsibility and Budget Management (FRBM) Act, aiming to keep the fiscal deficit within prescribed limits.
• Equitable Resource Distribution: The NBC ensures that wealthier states do not disproportionately borrow, thus promoting balanced regional development.

Arguments Against the NBC

• Erosion of Fiscal Autonomy: Critics argue that the NBC undermines the fiscal autonomy of states, as guaranteed by Article 293, by restricting their ability to make independent financial decisions.
• Impact on Developmental Activities: States, particularly Kerala, contend that the borrowing cap restricts their ability to fund key infrastructure projects and social welfare activities.
• Legal Concerns: The NBC’s impact on the interpretation of Article 293 raises legal questions regarding the extent of the Centre’s authority over state borrowing powers.

Fiscal Responsibility and Budget Management (FRBM) Act

Overview of the FRBM Act

• Objective: The FRBM Act, 2003 was enacted to promote fiscal discipline and ensure long-term financial stability in India.
• Key Features:
  • Targets a 3% fiscal deficit of GDP for the Centre.
  • Requires states to enact similar laws to control their fiscal deficit.

Amendments to FRBM Act

• 2018 Amendment: The FRBM Amendment Act required the central government to ensure that the fiscal deficit did not exceed 3% of GDP and total public debt remained under 60% of GDP.
• Fiscal Deficit Reduction: By 2025-26, the fiscal deficit is expected to be reduced to below 4.5% of GDP.

Way Forward: Strengthening Article 293

Guidelines for Borrowing Powers

• Transparency in Decision-Making: The Centre should ensure that the borrowing process is transparent, with clear standards and procedures for accepting or rejecting state borrowings.
• Consultative Process: The Centre should engage in consultations with states before imposing borrowing caps or conditions, fostering a cooperative federal structure.
• Equitable Treatment: Borrowing restrictions should apply uniformly to all states to avoid bias or favoritism.

Strengthening Fiscal Federalism

• Fiscal Autonomy: States should be given the flexibility to manage their finances in a way that reflects their unique economic needs and challenges.
• Periodic Reviews: The Net Borrowing Ceiling should be reviewed periodically to account for changing economic conditions and developmental priorities.

In News:

India, the world's largest democracy, is at a crucial juncture where women’s active political participation is essential for holistic development and true democratic engagement. The year 2024 demands increased involvement of women in politics to address issues of gender inequality and ensure comprehensive policy representation.

Current Status of Women’s Political Representation in India

Women in Parliament

• Initial Representation: In 1952, women accounted for only 4.41% of the Lok Sabha. This gradually rose to around 14.36% in the 2019 elections.
• Recent Trends: In the 2024 elections, women made up approximately 16% of the Lok Sabha, with 74 women MPs, 43 of whom are first-time representatives.

Women in State Legislatures

• Representation in state legislative assemblies remains low, with the highest percentages in Chhattisgarh (14.4%), West Bengal (13.7%), and Jharkhand (12.4%).

Global Comparison

• According to the Inter-Parliamentary Union (IPU), India ranks lower than many countries in terms of female representation in parliament, with global averages standing at 26.1%. India lags behind several African and South Asian nations.

Importance of Women’s Political Empowerment

• Enhancing Governance and Accountability: Political empowerment of women ensures better representation of gender-sensitive issues, promoting accountability in governance.
• Breaking Patriarchal Norms: Increasing women’s participation helps challenge the patriarchal structure that dominates Indian politics and promotes inclusive governance.
• Policy and Social Impact: Women in politics are more likely to advocate for policies that address issues like health, education, and gender equality, leading to improved societal welfare.
• Economic Benefits: Studies suggest that women in political leadership tend to improve economic outcomes for their constituencies by prioritizing social infrastructure.

Barriers to Women’s Political Participation

• Gender Gaps in Political Ambition: Women are less likely to pursue political careers due to gender conditioning, family pressures, and stereotypes about leadership abilities.
• Patriarchal Culture: A deeply ingrained patriarchal society hampers women’s political involvement, with male-dominated party structures and social norms limiting opportunities.
• High Election Costs: The financial burden of running for office often discourages women from contesting elections due to unequal access to resources.
• Male Gatekeepers in Politics: Political parties often show a preference for male candidates, especially for higher-profile positions, hindering the rise of women leaders.
• Criminalisation and Corruption in Politics: Growing criminalisation in politics and lack of political education further alienates women from the political process.

Key Legislative and Constitutional Measures for Women’s Political Empowerment

Legislative Measures

• Nari Shakti VandanAdhiniyam (2023): Provides 33% reservation for women in the Lok Sabha and state assemblies.
• 73rd and 74th Amendments (1992): Introduced 33% reservation for women in Panchayats and Municipalities.
• Gender-Neutral Rules: Lok Sabha adopted gender-neutral rules in 2014, promoting inclusivity in legislative procedures.

Constitutional Provisions

• Article 14 and 15: Ensure equality and non-discrimination, fundamental to women’s political participation.
• Article 243D: Mandates 33% reservation for women in Panchayats.

International Commitments

• CEDAW (1979): Advocates for women’s participation in political and public life.
• Beijing Platform (1995) and SDGs (2015): Call for removing barriers to women’s participation in politics.

Measures for Promoting Women’s Political Participation

• Quotas and Reservations: Ensuring mandatory quotas for women candidates in party tickets and legislative bodies can help bridge gender gaps.
• Capacity Building and Training: Offering political training programs for women can empower them with the skills and resources necessary for effective political participation.
• Strengthening Grassroots Movements: Support for Self-Help Groups (SHGs) and Panchayati Raj Institutions (PRIs) can build leadership among women at the local level.
• Supportive Political Ecosystem: Political parties should be encouraged to nominate women for higher office positions, such as the Rajya Sabha or state legislative councils.
• Raising Public Awareness: Public awareness campaigns focusing on the importance of women in politics can shift societal attitudes and garner wider public support.

Conclusion:

As India moves forward, the active participation of women in politics is not merely a matter of equity but an essential building block for a vibrant, inclusive, and effective democracy. Through structural reforms, public awareness, and the promotion of female leadership, India can strengthen its democratic framework, ensuring that all citizens, regardless of gender, have an equal stake in shaping the nation's future.

In News:

On November 11, 2024, Justice Sanjiv Khanna was sworn in as the 51st Chief Justice of India (CJI) at the Rashtrapati Bhavan, New Delhi, marking a significant milestone in the Indian judiciary. He succeeds Justice D.Y. Chandrachud, who retired on November 10, 2024. Justice Khanna's term as CJI will last until May 13, 2025.

Background of Justice Sanjiv Khanna

Early Life and Legal Career

• Legal Practice: Justice Khanna began his legal career in 1983 after completing his law degree from Delhi University. He practiced in the District Courts of Delhi and handled cases in constitutional law, taxation, arbitration, and environmental law.
• Career in Delhi High Court: He was appointed as an Additional Judge to the Delhi High Court in 2005 and became a Permanent Judge in 2006.
• Appointment to the Supreme Court: Justice Khanna was appointed as a Supreme Court Judge in January 2019, without having served as a Chief Justice of a State High Court, and superseding 32 senior High Court judges.

Key Judicial Rulings of Justice Sanjiv Khanna

Major Constitutional Bench Decisions

• Abrogation of Article 370: Justice Khanna was part of the Bench that upheld the abrogation of Article 370 of the Constitution, which revoked Jammu and Kashmir’s special status.
• Electoral Bonds Scheme: He also contributed to the ruling that struck down the 2018 Electoral Bonds scheme, raising questions about the transparency of political funding.

Support for EVMs

• Justice Khanna defended the use of Electronic Voting Machines (EVMs) and rejected calls to revert to paper ballots, emphasizing the need for technological progress and institutional trust.

Personal Liberty and Bail Decisions

• Arvind Kejriwal’s Interim Bail: Justice Khanna granted interim bail to Delhi Chief Minister Arvind Kejriwal in the liquor policy case, underscoring personal liberty as a fundamental right.
• Judicial Review of Bail Conditions: He also initiated discussions on setting standards for bail conditions in cases involving significant political figures.

Role of the Chief Justice of India (CJI)

Appointment Process

• Article 124(2): A Supreme Court judge is appointed by the President of India, with the senior-most judge of the Supreme Court traditionally becoming the CJI.
• Qualifications: The CJI must be a citizen of India and have served as a judge in a High Court for at least five years or as an advocate in a High Court for ten years.

Powers and Responsibilities

• Master of the Roster: The CJI is the "Master of the Roster," responsible for assigning cases to specific benches and determining the court's schedule.
• Collegium System: The CJI, along with four senior judges, forms the Collegium that recommends judicial appointments for the Supreme Court and High Courts.
• Ad-Hoc Appointments: The CJI can also appoint ad-hoc judges to the Supreme Court under Article 127 of the Constitution.

Removal

• A CJI can only be removed through a process initiated in Parliament, requiring a special majority in both Houses of Parliament.

Appointment of CJI in Other Countries

United States

• The Chief Justice of the United States serves for life, with tenure continuing until impeachment or voluntary retirement.

United Kingdom

• The Lord Chief Justice in the UK is appointed by a special panel from the Appeal Court or the Supreme Court. The tenure is life, but mandatory retirement is set at 75 years of age.

Conclusion

Justice Sanjiv Khanna’s appointment as the 51st Chief Justice of India represents a significant moment in the country's judicial history. With his extensive experience and legal acumen, he faces numerous challenges, from dealing with case pendency to navigating sensitive constitutional issues. His tenure will likely shape the future trajectory of the Indian judiciary, with a focus on upholding justice and personal liberty while addressing the evolving needs of a democratic society.

In News:

India has been witnessing significant demographic changes due to decades of family planning policies. This has led to declining fertility rates in certain States, particularly in the southern and smaller northern regions.

Introduction: Demographic Shift in India

• Southern States’ Fertility Trends: States like Tamil Nadu, Kerala, Andhra Pradesh, and Telangana have fertility rates below the replacement level (around 1.4–1.5), while Bihar, Uttar Pradesh, and Madhya Pradesh have higher fertility rates (2.6–3).
• Ageing Population: Southern States face the challenge of an ageing population, with Kerala projected to have 22.8% of its population aged 60+ by 2036, while Bihar will have only 11%.

Economic and Health Impact of Population Decline

• Economic Consequences:
  • Dependency Ratio: The old-age dependency ratio (the number of elderly for every 100 working-age individuals) has increased significantly in some States. Kerala, for example, had a ratio of 26.1 in 2021, signaling a crisis point.
  • Loss of Demographic Dividend: States with declining fertility rates face the loss of a demographic dividend, i.e., the economic benefit from a large working-age population, which is increasingly burdened by elderly dependents.
  • Health Expenditure: Rising healthcare costs, especially for cardiovascular diseases in southern States, will strain public health systems. The southern States, although comprising one-fifth of India's population, spent 32% of the country’s total out-of-pocket expenditure on cardiovascular diseases in 2017-18.
• Challenges of Low Fertility:
  • Declining Labour Force Participation: Policies encouraging higher fertility may also reduce women’s labour force participation, undermining the economic growth of these States.
  • Economic Pressures: Southern States, despite higher tax contributions, face a diminished share of central resources due to slower population growth. This is a point of concern in inter-State fiscal relations.

Political Implications of Uneven Population Growth

• Impact on Federal Structure:
  • The uneven population growth across States will lead to significant changes in the delimitation of constituencies after the current freeze on seat allocation in Parliament expires in 2026.
  • Redistribution of Lok Sabha Seats: Northern States like Uttar Pradesh and Bihar will likely gain more seats, while southern States like Tamil Nadu, Kerala, and Andhra Pradesh will lose seats due to their declining population shares.
• Challenges in Federal Relations:
  • Southern States’ economic contributions through taxes are disproportionate to the resources they receive from the central pool, leading to growing tensions between high-growth and slow-growth regions.
  • The shift in political power post-delimitation could increase regional disparities, potentially leading to political tensions between States.

Solutions and Policy Recommendations

• Pro-Natalist Policies:
  • Southern States are considering pro-natalist policies to incentivize higher fertility rates. However, such measures have been largely unsuccessful internationally, especially when women’s economic independence and educational choices are restricted.
  • International Experience: Attempts to incentivize childbearing, without addressing broader socio-economic factors like gender equality, have generally failed in other nations. Maternity benefits, gender-neutral parental leave, and childcare support are key to increasing fertility sustainably.
• Gender Equity and Work-Family Balance:
  • Work-family policies that support paid maternity and paternity leaves, affordable childcare, and gender-neutral employment policies are essential to empower women to balance family and career.
  • Studies indicate that countries with higher gender equity have better fertility rates because women are less likely to forgo childbearing for career reasons.
• Increasing Retirement Age:
  • One way to reduce the old-age dependency ratio is to increase the retirement age, which would allow older workers to remain employed longer and support a sustainable economy.
  • Social Security and pension reforms should also be considered to accommodate the ageing workforce and reduce the economic burden on younger generations.
• Managing Migration:
  • Migration policies should be adjusted to manage the influx of economic migrants into southern States, who contribute to the economy but continue to be counted in their home States for fiscal and political purposes.
  • Migration-based policy reforms could address the challenge of an ageing population in states with declining fertility while ensuring equitable resource distribution across States.

In News:

India aspires to lead the world in 6G technology by 2030 through the Bharat 6G Mission. This initiative builds upon the successful rollout of 5G, which reached 98% of districts in just 21 months.

Key Features of 6G Technology

• Terahertz (THz) Frequencies: 6G will utilize THz waves capable of transmitting significantly more data than 5G, offering ultra-fast data rates.
• Massive MIMO (Multiple Input Multiple Output): Supports a large number of devices and simultaneous connections using multiple antennas, improving data transmission and reception.
• Network Slicing: Creates specialized, smaller networks tailored to specific traffic types, such as video streaming or industrial automation.
• Enhanced Security: Incorporates advanced encryption and authentication protocols to safeguard sensitive data.
• Ultra-Reliable Low Latency Communication (URLLC): Ensures ultra-low latency, critical for applications like industrial automation, virtual reality (VR), and augmented reality (AR).
• Integrated Intelligent Reflecting Surfaces (IIRS): Enhances signal strength and quality, particularly in areas with poor reception.
• High-Speed Data Transfer: Supports data communication over hundreds of GHz or THz frequencies, facilitating faster transfer rates.

Government Initiatives for 6G Development

Bharat 6G Vision and Strategy

• Goal: To design, develop, and deploy 6G technologies, ensuring secure, intelligent, and pervasive global connectivity.
• Core Principles:
  • Affordability, sustainability, and ubiquity aligned with the vision of Atmanirbhar Bharat (self-reliant India).
• Strategic Objectives:
  • Promote R&D through startups, universities, and industries.
  • Develop affordable 6G solutions and global IP contributions.
  • Focus on transformative applications to enhance quality of life.

Technology Innovation Group (TIG) on 6G

• Established: November 1, 2021.
• Task Forces:
  • Focus on multidisciplinary solutions, spectrum management, devices and networks, international standards, and R&D funding.

Bharat 6G Alliance

• A collaborative effort between Indian industry, academia, and research institutions to develop 5G advancements, 6G products, and patents.
• Global Alignment: Partners with organizations like the Next G Alliance (US), 6G Flagship (Finland), and South Korea’s 6G Forum.

Applications of 6G Technology

Application Area

Description

Healthcare

Real-time patient monitoring and AI-connected devices.

Agriculture

IoT and AI-driven predictive systems for crop health and irrigation.

Defense & Internal Security

Enhanced surveillance, communication, and unmanned operations.

Disaster Response

High-volume communication for emergency coordination.

Transportation

Ultra-low latency for urban air mobility and traffic management.

Education

High-speed remote learning, immersive AR/VR-enabled classrooms.

Metaverse

3D holographic displays and seamless virtual interactions.

Industrial Automation

Smart factories with enhanced operational efficiency through real-time data.

Smart Cities

Efficient urban infrastructure and real-time monitoring using IoT.

Entertainment & Media

Higher-quality streaming, immersive content delivery.

Environmental Monitoring

Real-time data collection for resource management and conservation.

Challenges in 6G Development

• Technical Complexity: Development of advanced components and subsystems makes 6G technology highly complex.
• Infrastructure Deployment: Significant investment and regulatory support are required for the necessary infrastructure upgrades.
• Spectrum Allocation: The limited availability of spectrum poses challenges in balancing competing demands for bandwidth.
• Security Concerns: High-speed data transmission increases vulnerability to cyber threats, necessitating robust security protocols.
• Standardization Issues: Achieving global consensus on standards for 6G interoperability can be slow and contentious.
• Global Collaboration: Effective international cooperation is critical for technological and regulatory alignment.

Conclusion

India’s Bharat 6G Mission represents a visionary approach to maintaining technological leadership in the rapidly evolving global digital landscape. By investing in research, fostering international collaborations, and pursuing policies aligned with Atmanirbhar Bharat, India can harness 6G to fuel socio-economic growth and strengthen global connectivity.

In News:

The Supreme Court recently upheld the constitutional validity of the Uttar Pradesh Board of Madarsa Education Act, 2004 (also called the Madarsa Act), while striking down certain provisions related to the granting of higher education degrees. The Court overturned the Allahabad High Court's previous decision, which had deemed the Act unconstitutional on the grounds that it violated the principle of secularism.

What is the Madarsa Act?

The Madarsa Act provides a legal framework for regulating madrasas (Islamic educational institutions) in Uttar Pradesh. The Act:

• Establishes the Uttar Pradesh Board of Madarsa Education, which oversees the curriculum and examinations for madrasas.
• Ensures that madrasas follow the National Council of Educational Research and Training (NCERT) curriculum for mainstream secular education alongside religious instruction.
• Empowers the state government to create rules for regulating madrasa education.

Allahabad High Court's Ruling

In March 2024, the Allahabad High Court declared the Madarsa Act unconstitutional, citing:

• Violation of secularism: The Court argued that the Act's emphasis on compulsory Islamic education, with modern subjects being optional, discriminated on religious grounds, violating the secular nature of the Constitution.
• Right to Education: The Court also claimed that the Act denied quality education under Article 21A, which guarantees free and compulsory education to children.
• Higher Education Degrees: The Act's provisions allowing the granting of Fazil and Kamil degrees were found to conflict with the University Grants Commission Act, 1956, which regulates higher education.

Supreme Court's Ruling

The Supreme Court overturned the Allahabad High Court's decision on several grounds:

• Basic Structure Doctrine: The Court clarified that the basic structure doctrine, which applies to constitutional amendments, does not apply to ordinary legislation like the Madarsa Act. Therefore, a law cannot be struck down simply for violating secularism unless explicitly prohibited by the Constitution.
• State's Authority to Regulate Education: The Court held that the state has the right to regulate education in minority institutions, as long as the regulation is reasonable and rational. It emphasized that the Madarsa Act does not deprive these institutions of their minority character.
• Right to Education for Minority Institutions: Referring to a 2014 decision, the Court ruled that the Right to Education Act (RTE) does not apply to minority institutions, as it would undermine their right to impart religious education and self-administer.

Striking Down Higher Education Provisions

While upholding most of the Act, the Supreme Court struck down the provisions related to higher education degrees (Fazil and Kamil). It ruled that:

• Section 9 of the Act, which allowed the Board to grant these degrees, is in conflict with the University Grants Commission Act, which only permits degrees to be awarded by universities recognized by the UGC.

Implications of the Ruling

• Regulation of Madrasa Education: The ruling affirms the state's authority to ensure quality education in madrasas, balancing religious instruction with secular subjects.
• Protection of Minority Rights: By upholding the Madarsa Act, the Court protected the rights of religious minorities to run educational institutions while ensuring they meet educational standards.
• Focus on Inclusivity: The judgment emphasizes the integration of madrasas within the broader educational framework, ensuring that madrasa students receive quality education.

In conclusion, the Supreme Court's decision supports the regulation of madrasa education while safeguarding the rights of minority institutions, except in areas related to the granting of higher education degrees, which remain under the jurisdiction of the UGC Act.

In News:

Need for modification of the Indus Waters Treaty (IWT) amidst changing geopolitical, environmental, and demographic realities.

Background of the Indus Waters Treaty (IWT)

• About IWT:
  • Signed in 1960 between India and Pakistan, brokered by the World Bank.
  • Governs the sharing of the Indus River system waters.
• Historical Context:
  • Origin in the Inter-Dominion Accord of 1948 post-partition.
  • Finalized after negotiations facilitated by the World Bank in 1951.
• Key Provisions:
  • Eastern Rivers (Ravi, Beas, Sutlej) allocated to India.
  • Western Rivers (Indus, Jhelum, Chenab) allocated to Pakistan, with limited use allowed for India (e.g., hydropower, irrigation).
  • Establishment of the Permanent Indus Commission (PIC) for cooperation and dispute resolution.

India’s Perspective

• Rationale for Modification:
  • Increased demographic and agricultural demands.
  • Need for sustainable water management.
  • Acceleration of hydropower projects on western rivers permitted by the treaty.
• Security Concerns: Cross-border terrorism impacting trust in treaty operations.

Pakistan’s Concerns

• Dependence on Indus System:  Critical for agriculture and drinking water as the lower riparian state.
• Potential Impacts of Modification:
  • Fear of reduced water availability.
  • Concerns over India’s hydropower projects altering water flow.

Current Challenges

• Hydropower Projects: Disputes over compliance with treaty provisions regarding hydropower construction.
• Technical Disputes: Divergent interpretations of treaty terms.
• Political Tensions: Strained bilateral relations with minimal diplomatic engagement.
• Climate Change Impacts: Altered precipitation patterns and glacial melt affecting water availability.

Arguments for Modifying the Treaty

• Addressing Contemporary Challenges: Climate change, technological advancements, and increased water demand.
• Securing National Interests:
  • Clarifications on hydropower construction.
  • Improved dispute resolution mechanisms.

Risks of Modifying the Treaty

• Escalation of Tensions: Perceived unilateral actions by Pakistan.
• Political Sensitivities: Domestic opposition in both countries.

Way Forward: A Balanced Approach

• Engagement and Dialogue: Bilateral discussions with potential third-party mediation (e.g., World Bank).
• Cooperation over Conflict: Recognizing mutual benefits of collaboration in water management.
• Adaptation Measures: Incorporate provisions addressing climate change and technological advances.

In News:

A crucial 9-judge bench of the Supreme Court ruled on the scope of government powers over private property, with a focus on Articles 39(b) and 31C of the Constitution.

Key Issues Considered by the Court

• Article 31C: Whether it still protects laws giving effect to Articles 39(b) and 39(c), even after amendments and past rulings.
• Interpretation of Article 39(b): The meaning of “material resources of the community” and the limits on government acquisition.

Legal and Constitutional Background

• Article 31C and 39(b) Overview:
  • Article 31C was introduced by the 25th Amendment (1971) to protect laws related to the distribution of resources for the common good.
  • Article 39(b) (Directive Principle of State Policy) mandates that resources should be distributed to best serve the common good.
• Historical Context:
  • Kesavananda Bharati Case (1973): The Supreme Court affirmed the Constitution’s "basic structure," impacting the interpretation of amendments to Article 31C.
  • Minerva Mills Case (1980): The Court struck down further amendments to Article 31C.

The Supreme Court’s Ruling in 2024

• Restoration of the Post-Kesavananda Position: The Supreme Court clarified that the interpretation of Article 31C is restricted, and the protection under this article applies only to laws implementing Articles 39(b) and 39(c), not all directive principles.
• On Redistributing Private Property:
  • The majority opinion held that not all privately owned properties can be considered “material resources of the community” for redistribution under Article 39(b).
  • The Court dismissed the broad interpretation of "material resources" used in previous rulings (e.g., Justice Krishna Iyer’s dissent in the Ranganatha Reddy case, 1977).

Dissenting and Concurring Opinions

• Justice Nagarathna’s Concurring Opinion:
  • Acknowledged that certain privately owned resources could be considered material resources (e.g., forests, wetlands), but emphasized a balanced approach.
  • Distinguished between personal belongings and resources that could be considered part of the public domain.
• Justice Dhulia’s Dissent:
  • Argued for a broader interpretation, in line with past rulings, that private resources could be considered material resources if they served the public good.

Interpretation of Article 39(b)

• Scope of the Article:
  • Article 39(b) directs the State to ensure that the ownership of material resources is distributed to serve the common good.
  • It imposes a positive obligation on the State to create policies for resource distribution, but does not authorize arbitrary expropriation of private property.
• Private Property as Material Resources:
  • The Court clarified that private property cannot be deemed a material resource of the community unless specific conditions are met (e.g., scarcity, public welfare implications).
  • The judgment emphasized a case-by-case analysis rather than a blanket approach.

Criteria for Assessing Material Resources

The Court provided criteria to evaluate whether a private property could be considered a “material resource of the community”:

• Nature of the Resource: What is the resource’s fundamental characteristic?
• Impact on Public Welfare: Does the resource impact the common good or public interest?
• Ownership Type: Is the resource privately owned or under state control?
• Scarcity: Is the resource scarce or in finite supply?
• Concentration of Ownership: Are the resources concentrated in the hands of a few private entities?

Implications of the Ruling

• Protection of Private Property Rights: The ruling strengthens protections against arbitrary State acquisition of private property, reinforcing the constitutional safeguards for property rights.
• Economic Implications: The Court noted that India’s economic trajectory has shifted from socialism to a market-based economy, and that resource redistribution policies should reflect this change.
• Policy Shifts: The ruling marks a shift away from a socialist economic ideology towards one that emphasizes private property rights, while still considering public welfare in resource distribution.

Conclusion

• Balancing Individual Rights with Public Welfare: The ruling underscores the importance of balancing private property rights with the need for equitable resource distribution to serve the common good.
• Implications for Constitutional Interpretation: This judgment marks a pivotal moment in the interpretation of property rights in India, affirming the evolving nature of the Constitution in response to dynamic economic and social policies.

Context

India's reservation system has long been a tool for uplifting historically marginalized communities, especially Scheduled Castes (SCs) and Scheduled Tribes (STs). However, recent debates have questioned whether the system serves its intended purpose, particularly in light of disparities within the SC groups. The need for a ‘quota-within-quota’ system has been raised to ensure more equitable outcomes across different SC subgroups.

The Reservation System: Origins and Objectives

Purpose of Reservations

• Historical Background: Established to correct centuries of social and economic exclusion faced by SCs and STs.
• Mechanism for Equality: Aimed to create opportunities in education, government employment, and public offices for historically marginalized groups.
• Dr. B.R. Ambedkar’s Vision: Reservations were designed to transition from formal legal equality to substantive equality.

Challenges of the Current System

• Despite progress, certain SC subgroups seem to have benefited more than others.
• A Supreme Court ruling has led to calls for a 'quota-within-quota' to address intra-SC disparities.

Exploring Intra-SC Disparities: The Data Analysis

States Examined

• Key States: Andhra Pradesh, Bihar, Punjab, Tamil Nadu, Uttar Pradesh, and West Bengal.
• Objective: To investigate whether some SC subgroups have disproportionately benefited from the reservation system.

Findings Across States

• Andhra Pradesh: Minor differences between SC groups (Malas vs. Madigas), with both groups showing similar socio-economic progress.
• Tamil Nadu: No significant disparity between Adi Dravida and Pallan groups, both benefiting equally from reservations.
• Punjab: Subdivision of quotas since 1975 has led to better outcomes for disadvantaged groups like Mazhabi Sikhs and Balmikis.
• Bihar: The Mahadalit category, introduced in 2007, failed due to political intervention, undermining the policy’s goals.

Key Insights

• In some states (e.g., Punjab), a subdivision of quotas has been effective in addressing intra-SC disparities.
• In other states, like Andhra Pradesh and Tamil Nadu, the benefits of reservations are already distributed fairly evenly among SC subgroups.
• The gap between SCs and upper-caste groups remains much larger than the gap within SCs.

The Issue of Access to Reservations

Caste Certificates as a Proxy for Access

• Data from IHDS: Less than 50% of SC households in Uttar Pradesh and Bihar report having caste certificates, limiting access to reserved positions.
• Better Access in Some States: Over 60-70% of SC households in Tamil Nadu and Andhra Pradesh have caste certificates.

Core Issue: Ensuring Access

• Access Challenges: Without proper access to caste certificates, many SCs are excluded from the benefits of the reservation system.
• Priority Area: Ensuring that all eligible SCs have access to reservations is a critical concern before considering subdivision.

The 'Quota-within-Quota' Proposal

Concept and Potential Benefits

• Targeted Assistance: A ‘quota-within-quota’ would provide more focused help to the most disadvantaged SC subgroups, as seen in Punjab.
• Political Considerations: However, the political motivations behind quota subdivision, as seen in Bihar, can undermine the policy’s effectiveness.

Criticism and Limitations

• Uneven Need for Subdivision: In many states, the need for further subdivision is minimal, as the benefits of reservations are already fairly distributed.
• Political Exploitation: The policy risks becoming a political tool rather than a genuine means of achieving social justice, as political influence often determines who is categorized as the most disadvantaged.

Addressing Inequality Beyond Reservations

Income-Based Criteria and Monetary Benefits

• Current Approach: Monetary benefits (e.g., scholarships, lower fees) are a part of the affirmative action system.
• Income Criterion: Should be used to determine eligibility for monetary benefits to focus assistance on those most in need.

The "Creamy Layer" Debate

• Supreme Court’s Suggestion: The introduction of a "creamy layer" exclusion for SCs, akin to the Other Backward Classes (OBCs) model, remains contentious and requires stronger evidence.

Challenges of Economic Mobility

• Stigma and Discrimination: Economic progress does not necessarily eliminate social stigma or discrimination, especially for historically marginalized groups.
• Long-Term Goal: While reservations have contributed to creating a Dalit middle class, addressing stigma will require a gradual process.

The Need for Updated Data and Evidence-Based Policy

Data Deficiency

• Lack of Comprehensive Data: The absence of updated, reliable data on caste-based disparities limits the effectiveness of any policy reform.
• National Census Delay: India’s national Census, the only source of comprehensive data on caste, has been delayed, exacerbating the problem.

Evidence-Driven Reform

• Importance of Data: Robust and up-to-date data is essential to assess the true impact of reservations and to make informed policy decisions.

Conclusion: Reforming the Reservation System

• Reservations’ Success: The reservation system has played a significant role in improving the socio-economic status of SCs and STs.
• Intra-SC Disparities: While some subgroups benefit more than others, the broader gap between SCs and upper-caste groups remains far more pronounced.
• Focus on Access: The primary focus should be on improving access to reservations, ensuring that all eligible SCs benefit fully from affirmative action.

In News:

England over the past two-and-a-half years, reflecting a strategic shift in its approach to safeguarding gold reserves. This move marks a significant increase in the RBI's domestic gold holdings.

Rise in the RBI's Domestic Gold Holdings

• Current Status (September 2024):The RBI's domestic gold reserves have grown to 510.46 metric tonnes, up from 295.82 metric tonnes in March 2022.
• Reduction in Gold Held Abroad:The gold held under the custodianship of the Bank of England has decreased to 324 metric tonnes from 453.52 metric tonnes in March 2022.
• Gold as a Share of Foreign Exchange Reserves:The proportion of gold in India's total foreign exchange reserves increased from 8.15% in March 2024 to 9.32% in September 2024.

Gold Kept in the Bank of England

• Overview of the Bank of England's Gold Vault:The Bank of England is home to one of the largest gold vaults in the world, second only to the New York Federal Reserve, housing around 400,000 bars of gold.
• India’s Gold Held Abroad:The RBI continues to retain 324 metric tonnes of its gold with the Bank of England and the Bank for International Settlements (BIS).
• Additional Gold Management:Around 20 tonnes of gold are managed through gold deposit schemes.
• Strategic Role of London’s Gold Market:Storing gold in London provides immediate access to the global London bullion market, enhancing liquidity for India’s gold assets.

Historical Context of India’s Gold Holdings

• 1991 Balance of Payments Crisis:During a financial crisis in 1991, India had to send 47 tonnes of gold to the Bank of England to secure loans for repaying international creditors.

RBI’s Strategy to Bring Gold Back to India

• Global Trend of Central Banks Buying Gold:Since the imposition of U.S. sanctions on Russia in 2022, central banks globally have been increasing their gold reserves as a hedge against inflation and to reduce reliance on the U.S. dollar. India has outpaced other G20 nations in this trend, surpassing Russia and China in gold purchases.
• De-dollarisation:This shift is part of a broader strategy of de-dollarisation, aiming to diversify away from the U.S. dollar amidst rising gold prices and growing geopolitical tensions.

Significance of Repatriating Gold to India

• Sign of Economic Strength
  • Recovery from the 1991 Crisis:The decision to repatriate gold reflects a significant improvement in India's economic position, a stark contrast to the 1991 economic crisis when India had to pledge gold for financial survival.
• Optimizing Financial Resources
  • Reducing Storage Costs:Storing gold domestically allows the RBI to save on storage fees paid to foreign custodians, such as the Bank of England.
• Strategic Significance
  • Enhanced Resilience Amid Global Instability:By repatriating its gold, India enhances its strategic autonomy and strengthens its economic position in a world of rising uncertainties and currency volatility.

RBI's Capacity to Safeguard Gold Domestically

• Increasing Domestic Storage Capacity:The RBI has been increasing its domestic capacity for gold storage to accommodate rising reserves and reduce dependence on foreign gold safekeeping facilities.
• Current Foreign Exchange Reserves:As of October 2024, India’s total foreign exchange reserves stand at $684.8 billion, sufficient to cover over 11.2 months of imports.

Diversification of Foreign Exchange Reserves

• Mitigating Currency Risks:By increasing gold reserves, India diversifies its foreign exchange holdings, reducing reliance on any single currency and shielding itself from global currency fluctuations and economic volatility.
• Gold as a Stable Asset:Gold serves as a stable asset, providing a safeguard against global economic shocks, and balances India’s reserves portfolio.

Gold as a Hedge against Inflation

• Preserving Wealth amid Inflation:Gold is traditionally viewed as a hedge against inflation, maintaining or appreciating in value when other currencies weaken. By increasing its gold reserves, India positions itself to better withstand the adverse effects of inflation and ensure long-term financial stability.

Conclusion

The repatriation of gold by the RBI reflects a strategic move to bolster India's economic strength and diversify its financial assets. The decision to bring gold back to India not only signifies an improvement in India's economic fundamentals but also aligns with global trends of central banks increasing their gold reserves to ensure long-term stability and reduce reliance on the U.S. dollar.

In News:

• The WWF Living Planet Report 2024 highlights a drastic 73% decline in the average size of monitored wildlife populations globally from 1970 to 2020.
• The report underscores the urgent need for biodiversity conservation to maintain ecological balance, food security, and human health.

Key Findings of the 2024 Report

Wildlife Population Decline

• 73% Decline in monitored wildlife populations over the past 50 years (1970-2020).
• Freshwater species: Declined by 85%, the most significant drop.
• Terrestrial species: Declined by 69%.
• Marine species: Declined by 56%.

Main Threats to Wildlife

• Habitat Loss: Primary driver, particularly due to the expansion of food systems.
• Overexploitation: Over-hunting, fishing, and resource extraction.
• Invasive Species: Non-native species disrupt local ecosystems.
• Pollution: Water, air, and soil contamination, especially in Asia-Pacific.
• Disease: Emerging diseases impacting wildlife populations.

Ecosystem Risks and Tipping Points

• Decline in wildlife signals risks of ecosystem tipping points.
• Critical ecosystems, like the Amazon and coral reefs, face potential irreversible damage.
• Impact on global food security and livelihoods due to ecosystem collapse.

India’s Wildlife Status

• Vulture populations in India remain critically endangered.
• Tiger populations have increased to 3,682 (2022).
• Snow leopards have been successfully monitored with 718 individuals recorded.

Case Study: Chennai’s Wetland Loss

• 85% reduction in Chennai’s wetlands due to urban expansion, exacerbating flood and drought risks.
• Initiatives like the Tamil Nadu Wetland Mission aim to restore these wetlands to improve ecosystem resilience.

Impacts of Wildlife Decline

• Ecosystem Imbalance
  • Disruption in predator-prey relationships, pollination, and nutrient cycles due to species decline.
  • Leads to ecosystem instability and potential collapse.
• Loss of Biodiversity
  • Reduced genetic diversity makes ecosystems less resilient to environmental changes.
  • Increases vulnerability to diseases, natural disasters, and climate change.
• Threats to Food Security
  • Pollinators like bees and insects are essential for crop yields.
  • Loss of pollinators threatens global food supply and agriculture.
• Human Health Implications
  • Healthy ecosystems regulate disease by controlling pest populations.
  • Declining biodiversity increases the risk of zoonotic diseases, such as COVID-19.
• Economic Consequences
  • Agriculture, fisheries, and tourism industries depend on healthy ecosystems.
  • Decline in wildlife can lead to job losses and economic instability.
• Cultural and Social Impacts
  • Wildlife holds cultural, spiritual, and recreational value for societies worldwide.
  • Loss of iconic species diminishes cultural identities and opportunities for nature-based tourism.

Challenges in Biodiversity Conservation

• Inadequate National Actions
  • Despite global commitments (e.g., Global Biodiversity Framework, Paris Agreement, UN SDGs), national actions are insufficient to meet 2030 biodiversity targets.
  • Risk of crossing tipping points that could lead to irreversible ecosystem degradation.
• Key Drivers of Biodiversity Loss
  • Habitat Loss: Driven by agriculture, urbanization, and infrastructure development.
  • Climate Change: Rising temperatures, extreme weather, and altered precipitation patterns.
  • Overexploitation: Unsustainable hunting, fishing, logging, and resource extraction.
  • Pollution: Industrial, agricultural, and plastic pollution disrupt natural habitats.
  • Invasive Species: Non-native species outcompeting and threatening native populations.
  • Lack of Funding: Inadequate financial resources for effective conservation.
  • Weak Policy and Enforcement: Poorly implemented habitat protection laws.
  • Human-Wildlife Conflict: Increased interactions between expanding human populations and wildlife.
  • Genetic Diversity Loss: Reduced genetic diversity makes species vulnerable to diseases and environmental changes.
  • Awareness Gaps: Insufficient public awareness on the importance of biodiversity.

Conclusion and Way Forward

Policy and Action Recommendations

• Expand protected areas and restore ecosystems to halt biodiversity loss.
• Engage Indigenous communities in conservation and land management practices.
• Promote sustainable farming, reduce food waste, and encourage plant-based diets to lessen food production impacts.
• Shift to renewable energy and reduce fossil fuel use to mitigate climate change.
• Redirect investments from environmentally harmful sectors to nature-friendly industries.

WWF-India’s Call for Collective Action

• WWF-India advocates for collective action to align climate, conservation, and sustainable development policies.
• The goal is to ensure a resilient and thriving future for both biodiversity and human societies.

In News:

The issue of judicial delays and adjournments has become a significant concern in India’s judicial system. President Droupadi Murmu, while addressing the National Conference of District Judiciary in September 2024, emphasized the need to eliminate the culture of adjournments. These delays particularly affect the poor and rural populations, who often suffer in silence, avoiding court due to the fear of protracted justice.

Background of the Indian Judicial System

India’s judicial system has evolved under various legal frameworks, including the Code of Civil Procedure (CPC) and the Criminal Procedure Code (CrPC). Initially, civil courts dealt with a wide range of cases, while criminal courts focused on criminal offenses. The establishment of the Supreme Court and High Courts further strengthened India’s judicial architecture to handle constitutional and appellate cases.

To address the growing caseload, the Indian government introduced the tribunal system through the 42nd Constitutional Amendment Act, 1976, aiming to manage specialized disputes. However, despite these reforms, case pendency continues to rise.

Key Issues Contributing to Judicial Delay and Pendency

• Judge-to-Population Ratio - India currently has 21 judges per million people, far below the recommended 50 judges per million as per the 120th Law Commission Report. The shortage of judges directly contributes to the growing backlog of cases.
• Vacant Judicial Positions - As of late 2024, 30% of High Court positions remain vacant, exacerbating the case pendency crisis. The delay in filling these vacancies has resulted in overburdened judges, further delaying case resolution.
• Legislative Overload - The enactment of laws without conducting prior judicial impact assessments leads to an increase in the number of cases, often without considering the capacity of the judiciary to handle them. This lack of foresight results in excessive pressure on courts.
• Overworked Judiciary - Judges often face a heavy workload, with some handling multiple responsibilities across different courts. This overburdening leads to mental fatigue, increased errors, and prolonged decision-making.
• Witness Delays - The absence of witnesses and delays in their appearance in court can significantly prolong the judicial process, contributing to case pendency.

Government Initiatives and Challenges

• • National Judicial Infrastructure Plan (NJIP): The NJIP aims to modernize judicial infrastructure, improving court functioning and case processing. However, its full implementation across the country remains a work in progress.
  • E-Courts Project: The E-Courts project aims to digitize the judicial process, including e-filing and virtual hearings. This initiative has shown promise in reducing procedural delays but still requires wider application.
  • Tribunal System: While tribunals were introduced to reduce the burden on regular courts, their success has been limited, and the abolition of six tribunals in 2021 has added additional pressure on High Courts.
  • Case Timeline Legislation: Laws prescribing time-bound adjudication for sensitive cases have been enacted, but due to inefficiencies in the system, deadlines are rarely met.

Recommendations for Reform

• • Enhance Judicial Strength

• • Increase the Judge-to-Population Ratio: The government should prioritize the appointment of judges to meet the 50 judges per milliontargets.
  • Fill Vacant Positions: High Courts should fill vacant positions six months in advance to ensure a steady supply of judges.

• • Judicial Impact Assessment
• Implement Judicial Impact Assessments: The Justice M. Jagannadha Rao Committee’s recommendation for judicial impact assessments should be made mandatory. Every new Bill should assess the likely increase in judicial workload, the required number of judges, and the necessary infrastructure.
  • Promote Alternative Dispute Resolution (ADR)

• • Encourage ADR Mechanisms: Mediation and arbitration should be promoted as cost-effective alternatives to court proceedings. Public awareness campaigns and legal reforms can encourage the use of ADR.

• • Strengthen Infrastructure and Technology

• Modernize Court Infrastructure: The judiciary should invest in technology such as e-filing and virtual hearings to reduce administrative burdens and expedite case resolutions.
• Streamline Administrative Processes: Technology can also help automate administrative tasks, thereby reducing the workload on judges and speeding up case processing.

• Limit Adjournments

• Stricter Norms for Adjournments: Judicial bodies should enforce stricter norms for granting adjournments, ensuring that they are not used excessively.
• Oversight Mechanism: An independent body can monitor the frequency of adjournments and take corrective action if needed.

Conclusion

Addressing the issue of judicial adjournments and case pendency requires a comprehensive approach involving structural reforms, better resource allocation, and the adoption of technology. Strengthening the judiciary’s infrastructure, increasing judicial appointments, and promoting alternative dispute resolution are vital steps toward ensuring quicker, fairer justice. The collaborative efforts of the judiciary, government, and society at large are essential to ensuring that India’s judicial system can meet the demands of justice in a timely and efficient manner.

Overview

The Economic Advisory Council to the Prime Minister (EAC-PM)'s report titled "Relative Economic Performance of Indian States: 1960-61 to 2023-24" highlights an alarming trend of widening economic disparities across India's states, which is increasingly threatening the principles of federalism and national unity. The findings reveal significant regional imbalances in terms of contributions to the national income, per capita income, and overall economic development. This analysis delves into the key insights from the report and explores the broader implications for India's federal structure, governance, and policy approaches.

Key Insights from the Report

• Regional Economic Disparities:
  • Western and Southern States' Dominance: States such as Maharashtra, Gujarat, Tamil Nadu, and Karnataka have consistently outperformed others. These states have benefited from higher private investments, better infrastructure, and a more business-friendly environment. They also enjoy proximity to international markets, especially coastal regions like Gujarat and Tamil Nadu, which have access to ports and export markets.
  • Underperformance of Northern and Eastern States: On the other hand, northern states (with exceptions like Delhi and Haryana) and eastern states like Bihar, Odisha, and West Bengal lag behind in economic performance. These regions face challenges such as poor infrastructure, low levels of investment, and weak governance structures, which hinder their growth potential.
• Impact of Liberalization (1991):
  • The 1991 economic reforms marked a shift toward market-oriented growth, benefiting states that were already more industrialized or had better urban infrastructure. Southern states, in particular, adapted well to the liberalized environment, attracting higher levels of private investment and expanding their economies.
  • The liberalization process disproportionately favored urban centers like Delhi, Mumbai, Chennai, and Bengaluru, where investments were channelized into growing service sectors, technology, and industries, creating a feedback loop of wealth accumulation in these hubs. Meanwhile, the hinterland remained underdeveloped due to insufficient public investment and the lack of private sector interest in these regions.
• Investment Disparities:
  • Private Investment: Wealthier states attract a disproportionate share of private investment, which is driven by profitability and market opportunities. These states have better infrastructure, which reduces transaction costs and increases returns on investment. In contrast, underdeveloped states struggle to attract investment due to poor governance, inadequate infrastructure, and perceived higher risks.
  • Public Investment: While the public sector still plays a role in investment, the New Economic Policies (NEP) since 1991 have shifted the focus towards private sector-driven growth. This has further widened the investment gap, as the poorer states receive less public investment relative to their needs.
• Role of Infrastructure and Governance:
  • The availability and quality of infrastructure are significant determinants of economic performance. States with better roads, energy supply, ports, and communication networks tend to attract more investments. Additionally, good governance, characterized by reduced corruption, better policy implementation, and transparency, also plays a critical role in fostering economic development.
  • In contrast, states with weaker governance structures and poor infrastructure struggle to create an enabling environment for businesses, further compounding regional disparities.
• Impact on Federalism:
  • The growing economic divide is leading to tensions between the Centre and state governments, particularly in wealthier states that contribute significantly to national income but feel short-changed in resource allocation. These states argue that they are not receiving a fair share of national resources in return for their contributions, leading to growing dissatisfaction with the federal system.
  • The tension is exacerbated by political factors, such as accusations from opposition-led states that the Centre uses public investment to favor states aligned with the ruling party. The growing perception of politicization of resource allocation has the potential to undermine the spirit of cooperative federalism.

Structural Causes of Regional Inequality

• Economic and Investment Magnetism:
  • Wealthier states attract more private investments, as they offer better returns due to established markets, skilled labor, and urbanization. Cities like Mumbai, Delhi, and Bengaluru serve as economic magnets, drawing talent, technology, and capital, which further consolidates their economic dominance.
  • In contrast, states without such economic hubs or access to global markets struggle to attract investment. The absence of urban agglomerations and the concentration of wealth and resources in a few states perpetuate regional disparities.
• Policy and Investment Bias:
  • Post-liberalization policies have disproportionately benefited the organized sector, often at the expense of the unorganized sector, which is more prevalent in poorer states. The emphasis on industrial growth and infrastructure development has largely bypassed the rural and informal sectors, which are critical in underdeveloped states.
  • The organized sector has also benefited from government support, such as tax concessions and subsidized infrastructure, which have enabled these industries to thrive in already developed regions. This has widened the gap between the haves and the have-nots.
• Cronyism and the Black Economy:
  • Crony capitalism and the prevalence of the black economy in poorer states further exacerbate regional imbalances. In some cases, political patronage and corruption divert resources and investments from areas that need them most. This weakens the investment climate, especially in states with higher levels of informal and illegal economic activity.

Implications for Federalism

The growing economic disparity poses a serious threat to India's federal structure. The increasing dissatisfaction of wealthier states with the current fiscal arrangements and the growing demand for fairer resource allocation challenge the spirit of cooperative federalism. A well-functioning federal system relies on equitable distribution of resources and opportunities for all regions to develop.

Policy Recommendations

To address these disparities and strengthen India's federal framework, several policy measures need to be implemented:

• Enhancing Governance and Infrastructure in Lagging States:
  • Improved governance and reducing corruption are essential in attracting both private and public investments. Additionally, there must be a focus on developing critical infrastructure, such as roads, energy, and health facilities, which are essential for economic growth.
  • States need to increase public investment in sectors like education, healthcare, and social security to improve human capital and productivity.
• Focus on the Unorganized Sector:
  • A significant portion of the labor force in poorer states is employed in the unorganized sector. Policies should aim to formalize this sector by providing social security benefits, improving labor rights, and increasing productivity through skill development. This could help raise incomes and stimulate local demand, attracting more private investment.
• Balancing the Organized and Unorganized Sectors:
  • While the organized sector has benefited from liberalization, more attention should be given to the unorganized sector, which forms the backbone of the economy in many poorer states. A balanced approach to economic growth, which includes both organized and unorganized sectors, can help reduce disparities.
• Shifting Focus from Urban Centers to Hinterlands:
  • Private sector investment must be incentivized in underdeveloped regions through tax breaks, subsidies, and targeted infrastructure projects. This will encourage businesses to expand beyond the major urban centers, thus promoting a more balanced distribution of economic activities.

Conclusion

The widening economic divide in India, as revealed by the EAC-PM report, poses a significant challenge to the country's federalism and unity. To ensure inclusive and balanced development, policy reforms must focus on reducing regional disparities by improving governance, infrastructure, and investment in lagging states. A shift towards equitable growth, addressing the needs of both the organized and unorganized sectors, is essential to promoting national cohesion and ensuring sustainable economic progress across all regions.

In News:

The Anti-Defection Law, introduced in 1985 through the 52nd Constitutional Amendment, aims to curb political instability caused by legislators switching parties for personal or financial reasons. While the law has helped maintain political stability, it faces several challenges, including delays in decision-making, potential bias in adjudication, and lack of transparency in party directives. These issues undermine its effectiveness in safeguarding democratic integrity.

Historical Context and Genesis

The issue of political defections, exemplified by the term "Aaya Ram, Gaya Ram," traces its origins to the 1960s when frequent party-switching destabilized governments. To address this, the Anti-Defection Law was enacted in 1985, disqualifying members who voluntarily gave up their party membership or defied party whips on critical votes. Initially effective in reducing defections, the law has faced challenges due to emerging loopholes, particularly regarding party "splits" and "mergers."

Gaps and Loopholes in the Current Law

One major loophole was the provision allowing a party split if one-third of its members defected, exploited until the 91st Amendment in 2003, which increased the threshold for mergers to two-thirds. Despite this change, defections continue, particularly through "mergers." Another issue is the role of the Speaker in deciding disqualification petitions. Given that the Speaker is often affiliated with the ruling party, their decisions are sometimes seen as biased, leading to delays in resolving defection cases. Additionally, the lack of transparency in issuing party whips has caused disputes regarding their legitimacy.

Proposed Reforms

To address these challenges, two key amendments are proposed:

1. Fixed Time Frame for Decision-Making: A clear time frame—such as four weeks—should be established for the Speaker or an adjudicatory body to resolve defection cases. If no decision is made within this period, defecting members should automatically be disqualified.
2. Transparency in Whips: Political parties should be required to make the issuance of whips public, either through newspaper publications or electronic communication, to ensure that members are fully informed of party positions on critical votes.

Ethical Concerns and Impact on Democracy

While the Anti-Defection Law was introduced to promote political stability, it has inadvertently stifled internal dissent within parties. Legislators are often forced to follow party lines, even when their personal convictions or constituents' interests conflict. This limits their freedom of expression and undermines the representative nature of democracy. Furthermore, the law has not fully curbed unethical practices such as "poaching" of members or defectors seeking personal gain, which continue to destabilize governments and erode public trust in the system.

The Way Forward: Political Will and Comprehensive Reforms

To strengthen the Anti-Defection Law, reforms must balance party discipline with individual freedoms. Key steps include:

• Independent Adjudication: Establishing an independent tribunal to handle defection cases can reduce political bias and expedite the decision-making process.
• Clear Timeframes: Setting a fixed timeline for resolving defection cases will prevent delays and ensure accountability.
• Transparency in Whip Issuance: Ensuring public notice of party whips will reduce ambiguity and disputes.
• Promoting Ethical Conduct: Strengthening ethical guidelines to discourage "poaching" and protect the integrity of the electoral process.

Introduction: The Need for Advanced Weather Forecasting

India is increasingly facing extreme weather events such as flooding and droughts, which have become more frequent and intense in recent years. According to a 2021 study by the Council on Energy, Environment, and Water (CEEW), 40% of districts in India face alternating climatic hazards, where flood-prone areas also experience droughts, and vice versa. Moreover, a 64% increase in heavy rainfall days during the monsoon season has been recorded over the last decade.

Despite these challenges, India’s weather forecasting systems remain underdeveloped, particularly in flood-prone regions. While cyclone-prone areas benefit from comprehensive early warning systems, flood-prone regions are largely under-covered. To address these gaps and to prepare for more frequent climate risks, the Mission Mausam, launched in September 2024, aims to transform India's weather forecasting capabilities.

Key Objectives of Mission Mausam

Mission Mausam focuses on three main pillars:

• Increasing Weather Observation Networks
• Improving Weather Forecasting Models
• Investigating Weather Modification Techniques

This initiative is led by three institutions under the Ministry of Earth Sciences:

• India Meteorological Department (IMD)
• National Centre for Medium Range Weather Forecasting (NCMRWF)
• Indian Institute of Tropical Meteorology (IITM)

The mission is backed by an investment of ?2,000 crore and aims to address the growing complexity of India’s climate challenges.

1. Gaps in India's Current Weather Observation Network

Despite significant advances, India’s existing weather observation system has several gaps, particularly in terms of coverage and data accessibility.

Weather Radar Coverage

India currently operates 39 Doppler Weather Radars (DWRs), but their distribution is not optimal. Key regions that are highly vulnerable to extreme weather events are under-monitored:

• Western Coast: Only 5 radars monitor the entire western coastline, where cyclones are becoming more frequent and intense.
• Urban Centres: Cities like Ahmedabad, Bengaluru, and Jodhpur — which have experienced repeated flooding — lack adequate radar coverage.

Action Required:

• Expand Radar Coverage: Prioritise the installation of weather radars along the western coast and in urban centres with high climate risks.
• Improve Observation Platforms: In addition to radars, install other weather observation platforms such as wind profilers and radiometers to provide more comprehensive data.

Limited Data Access

At present, the data from India’s weather observation network is not fully accessible to researchers and innovators. This limits the ability to develop localised early warning systems and innovative solutions for climate resilience.

Action Required:

• Open Data Access: Make weather data available to researchers, academic institutions, and private sector innovators. This will encourage the development of analytical tools and localized solutions for extreme weather events.
• Global Best Practices: Following the examples of countries like the United States, United Kingdom, and France, which openly share weather data, India can foster innovation and improve its forecasting capabilities.

2. Strengthening Weather Forecasting Models

Improved weather forecasting models are essential for accurately predicting extreme weather events, including heavy rainfall, floods, and cyclones.

Machine Learning and Atmospheric Physics

Mission Mausam will enhance weather forecasting models through:

• Integration of Machine Learning: By incorporating machine learning techniques, India can improve prediction accuracy and lead times.
• Better Understanding of Atmospheric Physics: Improved scientific understanding of the atmosphere can lead to more accurate and reliable weather forecasts.

Action Required:

• Enhance Forecasting Capabilities: Focus on improving long-term and short-term weather predictions, especially for regions prone to extreme weather.
• Incorporate Technology: Leverage advanced technologies, including AI and machine learning, to predict weather patterns more accurately.

3. Improving Communication and Dissemination of Weather Information

Effective communication of weather warnings is essential for timely action by governments, businesses, and citizens.

Enhancing Warning Systems

Currently, the India Meteorological Department (IMD) disseminates weather warnings through various channels, including mobile applications and web portals. However, the effectiveness of these warnings can be improved.

Action Required:

• User-Friendly Warnings: Improve the interface of weather apps and websites, providing users with guidance on how to interpret warnings and take necessary precautions.
• Capacity Building: Create informational videos, media campaigns, and easy-to-understand guides to help citizens act upon warnings effectively.

Wider Use of Localised Decision Tools

Localized decision tools can be used to help communities in specific regions take proactive steps before, during, and after extreme weather events.

Action Required:

• Localized Early Warning Systems: Develop region-specific warning tools that integrate local knowledge with scientific forecasts, making them more effective for local populations.

4. Integrating Mission Mausam with Sectoral Planning

The success of Mission Mausam will depend on its integration with various sectoral policies, particularly in areas such as agriculture, water management, and energy.

Use Cases for Climate-Resilient Sectors

Data from the enhanced weather observation system can be used to:

• Support Agriculture: Weather forecasts can inform crop planning and irrigation management, helping farmers mitigate the impacts of extreme weather events.
• Water Resource Management: Improved forecasting can assist in flood management, water storage, and distribution planning.
• Energy Sector Planning: Accurate weather predictions can help the energy sector plan for weather-related disruptions, such as extreme temperatures or storms that affect power grids.

Action Required:

• Sectoral Integration: Ensure that the weather data generated by Mission Mausam is shared with relevant ministries (e.g., Agriculture, Water Resources, Energy) to develop climate-resilient policies and strategies.

Conclusion: Moving Towards a Climate-Smart India

Mission Mausam is a critical initiative to make India more weather-ready and climate-smart. By improving weather observation networks, enhancing forecasting models, and promoting data-sharing, India can mitigate the impacts of extreme weather events that have become increasingly unpredictable and severe. The success of Mission Mausam will depend on:

• Investing in technology
• Expanding weather coverage
• Engaging local communities and sectors

As India continues to face the challenges posed by climate change, Mission Mausam holds the potential to revolutionize how the country prepares for and responds to extreme weather events, ultimately reducing the toll on lives and livelihoods.

In News:

A Constitution Bench of the Supreme Court, in a majority judgment of 4:1 ratio, upheld the constitutionality of Section 6A of the Citizenship Act, 1955, which permits immigrants from Bangladesh residing in Assam to secure Indian citizenship, as a valid piece of legislation aligned to the Preambular value of fraternity.

Background:

• Section 6A of the Citizenship Act, 1955, deals with the citizenship status of immigrants from Bangladesh who entered Assam before March 25, 1971.
• Introduced as part of the 1985 Assam Accord, it provides a special provision for Assam due to the unique demographic challenges posed by large-scale migration from Bangladesh.

Key Aspects of the Supreme Court Ruling

Majority Opinion

• Constitutional Validity: The Court reaffirmed that Section 6A does not violate Articles 6 and 7 of the Constitution. These Articles set the cut-off for granting citizenship to migrants from East and West Pakistan. Section 6A, operating from a later date, is distinct and does not interfere with these earlier constitutional provisions.
• Justification of Cut-off Date: The March 25, 1971 cut-off date is upheld as reasonable. This date coincides with Operation Searchlight, launched by the Pakistani Army to suppress the Bengali nationalist movement. Migrants arriving before this date are considered part of India's post-partition demographic landscape.
• Fraternity and Equal Treatment: The Court emphasized that the principle of fraternity, as enshrined in the Preamble, cannot be selectively applied. Immigrants who arrived before March 25, 1971, are entitled to citizenship, while those arriving after are considered illegal immigrants. The ruling aims to balance the humanitarian aspect of migration with the state's right to protect its cultural and economic integrity.
• Historical Context: The judgment also invoked the Assam Accord, which was designed to address the issue of large-scale migration from Bangladesh, providing a political solution to Assam’s concerns. The Court held that the special provisions for Assam under Section 6A do not violate Article 14 (equality before the law) due to the distinct situation in Assam compared to the rest of India.

Section 6A of the Citizenship Act: Provisions and Purpose

• Section 6A was introduced under the 1985 Citizenship (Amendment) Act following the Assam Accord. It allows migrants who entered Assam before January 1, 1966, to automatically gain citizenship. For those entering between January 1, 1966, and March 25, 1971, citizenship can be granted after fulfilling specific conditions.
• Exclusion of Post-1971 Migrants: Migrants arriving in Assam after March 25, 1971, are not eligible for Indian citizenship under Section 6A and are considered illegal immigrants.
• Assam Accord Context: The Assam Accord sought to resolve the issue of illegal immigration from Bangladesh and address the political, cultural, and economic concerns of the indigenous Assamese population. It set the cut-off date of March 25, 1971, as a landmark for distinguishing between legal and illegal migrants.

Implications of the Supreme Court Judgment

Impact on Immigrant Recognition

• Continued Citizenship: By upholding Section 6A, the Court grants continued citizenship rights to immigrants from Bangladesh who entered Assam before the cut-off date of March 25, 1971. This decision affirms India's commitment to protect those displaced by the Bangladesh Liberation War.

Assamese Identity Preservation

• Cultural Protection: The majority opinion dismissed concerns that the presence of immigrants would infringe upon the cultural and linguistic rights of the Assamese people. The Court emphasized that existing constitutional safeguards (e.g., Article 29(1)) are sufficient to preserve the unique identity of the Assamese community, even in the face of demographic changes.

Demographic and Economic Impact

• Tensions on Demographic Shift: Critics argue that the continued influx of migrants, though legally recognized, may strain Assam’s demographic balance, potentially threatening its cultural identity and economic resources. This could fuel local demands for stricter immigration controls and increase political mobilization around cultural preservation.
• Resource Allocation Challenges: The judgment implies that immigrants who are granted citizenship will have access to public resources, adding pressure on Assam's limited economic resources. This may necessitate the implementation of more robust policies for equitable resource distribution.

Pressure on Immigration Laws and Enforcement

• Immigration Law Enforcement: The judgment stresses the need for more effective enforcement of immigration laws, particularly regarding the detection and deportation of illegal immigrants who entered Assam post-1971. The inefficiencies in the current mechanisms for detecting such immigrants were criticized, and the Court called for judicial oversight to improve the enforcement process.

Regional and International Implications

• Bangladesh Relations: The decision, by excluding post-1971 immigrants from citizenship, may strain India-Bangladesh relations, as it could be perceived as India pushing responsibility for these migrants onto Bangladesh. This has the potential to complicate regional cooperation on issues like border management, migration control, and security.

Conclusion: Balancing Humanitarian and Political Interests

The Supreme Court’s decision to uphold Section 6A of the Citizenship Act, 1955, reflects a delicate balance between humanitarian concerns—acknowledging the plight of displaced persons—and the political necessity of protecting Assam’s cultural and demographic integrity. While the judgment provides clarity on the legal status of immigrants in Assam, it also highlights the need for efficient immigration enforcement, greater judicial oversight, and equitable resource management to address the ongoing challenges posed by migration in the region.

In News:

India-Canada relations have recently faced serious setbacks following allegations of India's involvement in the killing of Khalistani leader Hardeep Singh Nijjar in Canada. These claims have led to escalating diplomatic tensions and mutual expulsions of diplomats between the two countries.

Recent Developments in India-Canada Relations

• Assassination of Hardeep Singh Nijjar:
  • Nijjar, a prominent Khalistani leader, was assassinated in British Columbia, Canada.
  • The Canadian Prime Minister accused Indian officials of involvement, which India has denied as "absurd."
• Diplomatic Fallout:
  • Both nations expelled each other's diplomats, reducing diplomatic staff and freezing consular services, exacerbating the tensions.
• Support from the Five Eyes Alliance:
  • Canada enlisted the Five Eyes intelligence alliance to gain international backing amid the escalating diplomatic crisis with India.

What is the Five Eyes Alliance?

• About:
  • The Five Eyes is a multilateral intelligence alliance composed of Australia, Canada, New Zealand, the United Kingdom, and the United States.
  • These countries cooperate on signals intelligence under the UK-USA Agreement.
• Expansion:
  • The alliance later grew into the Nine Eyes and Fourteen Eyes alliances, incorporating additional countries like the Netherlands, Denmark, France, Norway, and others.

Key Areas of India-Canada Relations

• Political Relations:
  • Diplomatic ties began in 1947, with both countries sharing democratic values, human rights, and pluralism.
  • Collaborative efforts in global forums like the UN, G20, and Commonwealth focus on climate change, security, and sustainable development.
• Economic Cooperation:
  • Bilateral trade in 2023 was worth USD 9.36 billion.
  • Canada is the 18th largest investor in India with investments totaling USD 3.3 billion (2000-2023).
  • Ongoing Comprehensive Economic Partnership Agreement (CEPA) negotiations aim to boost trade in goods, services, and investments.
• Diaspora Connections:
  • Over 1.8 million people of Indian origin in Canada, contributing significantly to cultural and economic exchanges.
  • Canada is home to one of the largest Indian diaspora populations globally.
• Education and Space Innovation:
  • IC-IMPACTS promotes joint research in healthcare, agricultural biotechnology, and waste management.
  • Space collaboration includes partnerships between ISRO and the Canadian Space Agency.
  • Indian students represent nearly 40% of Canada's international student population.
• Nuclear Cooperation:
  • A 2010 nuclear agreement allows the supply of uranium to India and establishes a Joint Committee for oversight.
• Strategic Importance:
  • India’s role is key in Canada’s Indo-Pacific strategy, including collaboration on maritime security, counter-terrorism, and regional stability.

Challenges in India-Canada Relations

1. Diplomatic Immunity Issues:
   • Canada invoked the Vienna Conventions to protect its diplomatic staff amid tensions, with both sides highlighting the importance of maintaining diplomatic norms.
2. Khalistan Issue:
   • India views Canada’s tolerance of Khalistani separatist groups as a threat to its territorial integrity.
   • Canada’s investigation into India’s alleged role in Nijjar’s assassination has exacerbated diplomatic mistrust.
3. Economic and Trade Barriers:
   • The political rift has stalled negotiations for the CEPA and slowed bilateral trade.
   • Canadian investments in India face increased uncertainty due to deteriorating relations.
4. Visa and Immigration Delays:
   • Reduced Canadian diplomatic staff in India has caused significant delays in visa processing, especially for students.
5. Geopolitical Implications:
   • Tensions between India and Canada risk damaging India’s reputation on the global stage, particularly if allegations of intelligence overreach are substantiated.
   • Canada’s membership in the G7 and ties with the Five Eyes make the situation complex, affecting relations with other strategic partners of India, including the US, UK, Australia, and Japan.

The Vienna Convention on Diplomatic Immunity

• Vienna Convention on Diplomatic Relations (1961): Establishes the framework for the treatment and protection of diplomatic missions and their personnel.
  • Diplomatic Immunity: Diplomats are protected from arrest and detention by the host country.
  • Inviolability of Diplomatic Premises: Diplomatic missions cannot be entered without permission.
  • Protection of Consular Officers: Ensures consular officers can assist their nationals without interference.

Way Forward for India-Canada Relations

1. Address the Khalistan Issue: Engage in active dialogue to resolve concerns about the Indian diaspora and the Khalistan movement, respecting each other’s sovereignty.
2. Strengthen Economic Ties:
   • Revitalize CEPA negotiations, with a focus on sectors like technology, renewable energy, and infrastructure.
   • Enhance trade and investment frameworks for mutually beneficial opportunities.
3. Balance Geopolitical Interests:
   • Both nations should navigate relationships with major powers like the US, China, and Russia with care.
   • A cautious approach is necessary to maintain strategic partnerships without further conflict.
4. Leverage Multilateral Platforms: Utilize forums like the G7 and Five Eyes to address global challenges and promote shared values, while working to stabilize bilateral ties.

Conclusion

India-Canada relations are at a critical juncture due to recent tensions. While historical ties and shared interests provide a strong foundation, the diplomatic fallout requires careful management. Both nations must seek ways to restore dialogue, address sensitive issues like the Khalistan movement, and focus on economic cooperation to stabilize and strengthen the relationship moving forward.

Why in the news?

India is ranked 105th among 127 countries in the Global Hunger Index (GHI) 2024, indicating a ‘serious’ level of hunger, along with Afghanistan and Pakistan, which also face hunger challenges.

According to the Global Hunger Index released on 10th October 2024, the hunger levels in 42 countries are at alarming levels, making the goal of Zero Hunger by 2030 unattainable. At this pace of progress, the world will not even attain a low hunger level until 2160. The world’s GHI score is 18.3, which is considered moderate in the severity of hunger scale.

Key Takeaways:

1. The GHI is published by Concern Worldwide and Welthungerhilfe annually to measure and track hunger at global, regional, and national levels. The purpose of the report is to create awareness and understanding of the struggle against hunger and call attention to those areas of the world where hunger levels are highest and there is a need for additional efforts.

2. GHI is calculated based on a formula that combines four indicators that together capture the multidimensional nature of hunger:

• Undernourishment: the share of the population whose caloric intake is insufficient;
• Child stunting: the share of children under the age of five who have low height for their age, reflecting chronic undernutrition;
• Child wasting: the share of children under the age of five who have low weight for their height, reflecting acute undernutrition; and
• Child mortality: the share of children who die before their fifth birthday, reflecting in part the fatal mix of inadequate nutrition and unhealthy environments.

3. The 2024 GHI reflects that multiple factors are posing challenges in attaining Zero Hunger. The challenges include large-scale armed conflicts, climate change indicators that are worsening faster than expected, high food prices, market disruptions, economic downturns, and debt crises in many low- and middle-income countries.

4. The report highlights the link between Gender inequality, climate change, and hunger. Gender is intertwined with climate and food security challenges in ways that respective policies and interventions often ignore. Women and girls are typically hardest hit by food insecurity and malnutrition. They also suffer disproportionately from the effects of weather extremes and climate emergencies.