Many elections, AI’s dark dimension
- 18 Mar 2024
Why is it in the News?
With a series of elections to be held across the world in 2024, the potential of AI to disrupt democracies cannot be dismissed.
Context:
- The rapid advancement of Artificial Intelligence (AI) marks a significant turning point in human history.
- With the rise of Generative AI (GAI), the possibility of achieving Artificial General Intelligence (AGI) becomes increasingly feasible, raising questions about its potential to mimic human abilities.
- Thus, exploring AI's profound influence on human life, particularly within electoral contexts and broader societal realms, is imperative.
What is Generative AI (GAI)?
- Generative AI, short for Generative Artificial Intelligence, represents a branch of artificial intelligence focused on creating new content rather than simply processing or analyzing existing data.
- Unlike traditional AI systems, which are designed to recognize patterns or make predictions based on historical data, generative AI models have the capability to generate new data that resembles real-world examples.
- These models work by learning patterns and structures from large datasets and then using that knowledge to create new content.
- They can produce various types of content, including images, text, audio, and even video.
- For example, a generative AI model trained on a dataset of human faces can generate realistic-looking images of faces that have never existed before.
- They can produce various types of content, including images, text, audio, and even video.
- One of the key technologies behind generative AI is deep learning, particularly a type of neural network called a generative adversarial network (GAN).
- In a GAN, two neural networks are pitted against each other: a generator and a discriminator.
- The generator creates new data samples, while the discriminator tries to distinguish between real and fake data.
- Through this adversarial process, the generator learns to produce increasingly realistic content.
- Generative AI has a wide range of applications across various industries.
- In the field of art and design, it can be used to generate new artwork, music, or even fashion designs.
- In entertainment, it can create realistic characters and environments for video games and movies.
- In healthcare, it can generate synthetic medical images for training diagnostic algorithms.
- However, the technology also raises ethical concerns, such as the potential for misuse, copyright issues, and the creation of fake content.
The Role of Artificial Intelligence (AI) in Shaping Electoral Landscapes:
- A Transformative Influence- AI's Ascendancy in Politics: The integration of artificial intelligence (AI) into electoral processes represents a profound transformation in global political dynamics.
- As nations gear up for elections, the incorporation of AI technologies introduces new variables that require a reassessment of conventional campaign methodologies and voter outreach strategies.
- In the context of upcoming elections, including India's extensive seven-phase general election, AI emerges as a decisive factor influencing electoral trajectories.
- The deployment of Generative AI, with its ability to conduct dynamic simulations and replicate real-world interactions, presents unprecedented opportunities and challenges for political stakeholders and the electorate.
- Harnessing AI for Campaign Innovation and Voter Engagement: Political entities and candidates are leveraging AI-driven tools to analyze vast datasets, craft targeted messaging, and optimize campaign blueprints.
- AI-powered predictive analytics empower parties to pinpoint swing voters, tailor messages to specific demographics, and deploy resources more precisely.
- Additionally, AI-enabled sentiment analysis of social media platforms furnishes real-time insights into voter attitudes and emerging concerns, informing campaign narratives and responsiveness strategies.
- Moreover, AI's impact extends beyond campaign frameworks to encompass voter engagement and mobilization endeavors.
- Through AI-driven chatbots, personalized interactions with voters are facilitated, addressing inquiries, disseminating information, and fostering voter participation.
What are the Concerns Regarding AI's Impact on Electoral Integrity?
- Challenges Posed by Deep Fakes: The expanding presence of AI within electoral arenas prompts apprehensions regarding its implications for democratic processes and the integrity of elections.
- The emergence of 'Deep Fake' technology, capable of generating convincingly realistic yet fabricated audio, video, and textual materials, presents a formidable obstacle in identifying and combatting misinformation and disinformation campaigns.
- Deep fakes produced by AI possess the capacity to deceive voters, manipulate public opinion, and erode trust in democratic institutions, thus distorting the integrity of electoral outcomes.
- Impact on Public Discourse and Decision-making: Moreover, the utilization of AI-powered algorithms in social media platforms for content curation and recommendation purposes raises concerns regarding filter bubbles, echo chambers, and algorithmic bias.
- These algorithms, driven by AI, may inadvertently amplify divisive content, perpetuate existing biases, and contribute to the segmentation of public discourse, consequently influencing voter perceptions and decision-making processes.
What are AI Influences its challenges, and Mitigation Strategies?
- As artificial intelligence (AI) permeates various spheres of society, including electoral contexts, addressing the concept of AI influence becomes increasingly critical.
- AI influence refers to the ability of AI-driven tactics to shape human behavior and decision-making processes, often without individuals' explicit awareness or consent.
- Challenges in Addressing AI Influence: A primary challenge in addressing AI influence is mitigating its impact on electoral dynamics.
- AI-powered algorithms can analyze extensive data sets to predict and influence voter behavior, potentially affecting electoral outcomes in ways that may not align with democratic principles or voter preferences.
- To counter this, safeguards must be implemented to prevent undue AI-driven influence on electoral processes and outcomes.
- Promoting Transparency and Accountability: Transparency and accountability are crucial in addressing AI influence.
- Electoral authorities and policymakers should establish clear guidelines and regulations governing the use of AI in political campaigns and voter engagement efforts.
- This includes mandates for disclosing the use of AI-driven algorithms, data sources, and methodologies in campaign strategies, enhancing public awareness and understanding of AI's role in elections.
- Protecting Democratic Values: Efforts to combat AI influence should prioritize safeguarding democratic values and electoral integrity.
- Measures must be implemented to detect and mitigate AI-driven manipulation, such as disinformation campaigns, deep fakes, and algorithmic bias.
- Collaborative approaches involving electoral authorities, technology firms, civil society organizations, and academia are essential to develop effective tools and techniques for detecting and countering AI-driven threats to electoral integrity.
- Empowering Voter Literacy: Promoting media literacy and digital literacy among voters is crucial for combating AI influence.
- By equipping voters with the skills to critically evaluate information sources, distinguish fact from fiction, and identify manipulation tactics, individuals can resist the influence of AI-driven propaganda and make informed voting decisions.
- Educational initiatives, public awareness campaigns, and media literacy programs are vital for enhancing voter resilience against AI-driven misinformation and manipulation.
Additional Measures for Ensuring Electoral Integrity:
- Incorporating Ethical Guidelines into AI Governance: Furthermore, the ethical dimensions of AI governance should inform the development and application of AI technologies within electoral contexts.
- Ethical AI governance frameworks should prioritize principles such as fairness, transparency, accountability, and adherence to democratic values.
- This entails conducting comprehensive risk assessments, ensuring transparency and explainability in algorithms, and establishing mechanisms for independent oversight and accountability.
- Adopting Proactive Strategies: Policymakers, electoral authorities, and civil society actors should embrace proactive strategies to uphold electoral integrity and democratic principles in the age of AI.
- Implementing robust regulatory frameworks, transparency mandates, and oversight mechanisms is crucial for mitigating the risks associated with AI-driven manipulation and disinformation campaigns.
- Furthermore, investments in digital literacy initiatives and media literacy programs can empower voters to critically assess information sources, distinguish between fact and fiction, and resist manipulation efforts.
Way Forward:
- The risks associated with AI pose a substantial threat, surpassing concerns regarding biases in its design and development.
- AI systems inherently tend to manifest adversarial traits, for which effective mitigation strategies have yet to be fully realized.
- Beyond electoral implications, India's position as a digital frontrunner necessitates a cautious approach towards AI adoption, recognizing both its potential advantages and disruptive capabilities.
- While AI offers numerous benefits, it is imperative for the nation and its leaders to acknowledge its potential for malevolence.
- India's prominence in digital innovation presents both opportunities and challenges, as the advancement of AI, including AGI, brings both advantages and risks.
- Addressing the complexities of AI policy requires amplifying democratic voices and resisting the tendency to cede policymaking authority to a select few tech conglomerates.
Conclusion
The emergence of AI marks a significant milestone in human evolution, impacting electoral dynamics and social harmony in profound ways. While AI offers remarkable progress, it demands careful oversight to minimize its disruptive effects and uphold democratic values. As we venture into the realm of AI, wise decision-making and forward-thinking are essential to steer toward a future characterized by ethical AI governance and conscientious innovation.
Supreme Court Strikes Down Electoral Bonds Scheme (Indian Express)
- 16 Feb 2024
Why is it in the News?
A five-judge Constitution Bench of the Supreme Court on Thursday unanimously struck down the Centre’s electoral bond scheme which facilitates anonymous political donations for being unconstitutional.
Context:
- A five-judge Constitution Bench of the Supreme Court on Thursday unanimously struck down the Centre’s electoral bond scheme which facilitates anonymous political donations for being unconstitutional.
- It underscored that the scheme violates the right to information under Article 19(1)(a) of the Constitution.
- Additionally, the Apex Court nullified several amendments introduced by the government in vital laws to streamline corporate donations to political parties.
- These amendments were incorporated through The Finance Act, 2016, and The Finance Act, 2017, preceding the implementation of the EBS in January 2018.
- The decision followed petitions from the Communist Party of India (Marxist) and NGOs Common Cause and ADR.
Key Highlights of the SC Judgement:
- Protection of Voters' Right to Information: The court emphasized that access to information regarding political party funding is crucial for informed voting.
- It argued that economic disparities lead to political inequalities, as financial resources often translate into greater political influence and access to policymakers.
- Thus, the Electoral Bonds Scheme (EBS) was deemed to violate Article 19(1)(a) of the Constitution, safeguarding freedom of speech and expression.
- Disproportionate Restrictions on Curbing Black Money: While acknowledging the importance of curbing black money, the court found the restrictions imposed by the EBS disproportionate.
- It clarified that restrictions on the Right to Information (RTI) should align with Article 19(2) of the Constitution, which outlines reasonable restrictions on freedom of speech and expression.
- Curbing black money was not deemed a valid reason for such restrictions.
- Right to Donor Privacy: The judgement delved into the notion of donor privacy, particularly regarding political contributions.
- It affirmed that the right to informational privacy encompasses political affiliation.
- However, it clarified that privacy does not extend to contributions aimed at influencing policies, emphasizing genuine political support over attempts to obscure motives, especially those of corporate entities.
- Limits on Corporate Political Contributions: The court declared unlimited political contributions by companies unconstitutional.
- It highlighted the disproportionate influence of corporations on the political process compared to individuals.
- Contributions from companies were viewed as business transactions aimed at securing benefits, which undermined the democratic process and equality in political participation.
What was the Existing System Before the Introduction of EBS?
- Before the enactment of The Finance Act 2016 and The Finance Act 2017, political funding operated under a different framework:
- Contribution Declarations: Political parties were mandated to declare all contributions exceeding Rs 20,000 without any exceptions.
- Detailed records of donations exceeding Rs 20,000 were required for taxation purposes.
- Limits on Corporate Donations: Companies were subject to a cap on their political contributions, restricted to a maximum of 7.5% of their average net profits from the preceding three years.
- Amendments through The Finance Act 2017: The Finance Act of 2017 brought significant changes to political funding regulations by amending key legislations like the Representation of the People Act, 1951, the Income-tax Act, 1961, and the Companies Act, 2013.
- These amendments introduced electoral bonds, altering the landscape of political party funding:
- Introduction of Electoral Bonds: Electoral bonds were introduced, effectively removing donation limits for companies.
- The requirement to declare and maintain records of donations made through electoral bonds was eliminated, streamlining the process of political contributions.
Supreme Court Verdict:
- The recent Supreme Court verdict has reinstated the legal framework that existed before the enactment of the Finance Act, 2017, impacting various statutes:
- Representation of the People Act, 1951: The original Section 29C of the Act mandated political parties to report all donations exceeding Rs 20,000, specifying whether they were from individuals or companies.
- Amendments introduced by the Finance Act, 2017 exempted donations via Electoral Bonds from this reporting requirement.
- The Supreme Court overturned this amendment, asserting that the original provision effectively balanced voters' right to information with donors' right to privacy.
- Companies Act, 2013: Section 182(1) previously limited corporate donations to political parties to 7.5% of average net profits over three years.
- Section 182(3) requires disclosure of all political contributions made by companies.
- Amendments removed the donation cap and reduced disclosure requirements.
- The Supreme Court struck down these changes, citing concerns about unchecked corporate influence in electoral processes.
- Income-tax Act, 1961: Section 13A(b) mandated political parties to maintain records of donations above Rs 20,000, including donor details.
- Amendments exempted Electoral Bond contributions from these reporting requirements and introduced new donation methods.
- The Supreme Court ruled that exempting Electoral Bond donations from record-keeping violated voters' right to information and struck down both amendments.
Supreme Court's Directives:
- Instructions to SBI: SBI is instructed to immediately halt the issuance of any further electoral bonds.
- Provide detailed information on electoral bonds purchased by political parties since April 12, 2019, to the Election Commission of India (ECI) by March 6.
- Furnish specifics including the purchase date, purchaser's name, and bond denomination for each transaction.
- Election Commission's Obligations: The ECI is directed to publish all received data from SBI on its official website by March 13, 2024.
- Return of Electoral Bonds: Electoral bonds within the 15-day validity period, yet to be encashed by political parties, must be returned.
- The issuing bank will then reimburse the amount to the purchaser's account.
Evaluation of the Latest Ruling:
- The recent Supreme Court ruling establishes a rigorous standard for the state to justify its interference with fundamental rights, even when pursuing a conflicting right.
- It mandates that the state must prove that its action is the "least restrictive" and that no other methods of equal effectiveness exist to achieve its goal.
- Traditionally, the judicial balance between two fundamental rights has often favoured one right over the other.
- In numerous instances, the court has prioritized public interest over individual fundamental rights, thereby granting the state considerable authority.
- For instance, in 2018, the Supreme Court curtailed the right to protest near Delhi’s Jantar Mantar to uphold the right to a peaceful residence and the state's regulatory power over such activities.
What are Electoral Bonds and Why Were They Introduced?
- An electoral Bond is a type of financial instrument that functions like a Promissory Note and an interest-free banking tool.
- Any Indian citizen or organisation registered in India can buy these bonds after fulfilling the Know Your Customer (KYC) norms laid down by the Reserve Bank of India (RBI).
- Before the introduction of Electoral Bonds, political parties in India relied heavily on donations from individuals and corporate entities to fund their election campaigns and day-to-day activities.
- The need for electoral reforms to address these concerns was highlighted by various stakeholders, including civil society organisations, electoral watchdogs, and the judiciary.
- In response, the government initiated efforts to reform the electoral system and enhance transparency in political funding.
- Electoral Bonds were introduced in India through the Finance Act, of 2017, as a means of reforming political funding and promoting transparency.
Key Features of Electoral Bonds:
- Anonymity: One of the key features of Electoral Bonds is the anonymity of the donor.
- Unlike traditional forms of political donations, where the identity of the donor is disclosed to the public and the receiving political party, Electoral Bonds allow donors to remain anonymous.
- This was intended to protect the privacy and security of donors and shield them from potential retribution or harassment.
- Denominations: Electoral Bonds are available in various denominations ranging from ?1,000 to ?1 crore (10 million).
- Donors can purchase these bonds from notified banks in India, with the State Bank of India (SBI), the largest public sector lender in the country, being the only authorised institution to issue Electoral Bonds.
- Validity: Electoral Bonds have a validity period within which they must be redeemed.
- As per the existing regulations, the bonds have a validity of 15 days from the date of issuance.
- This timeframe is designed to ensure that the bonds are promptly encashed by the receiving political parties.
- Transparency: While the identity of the donor remains anonymous, the sale and redemption of Electoral Bonds are recorded electronically by the issuing bank.
- This electronic tracking system is intended to enhance transparency in the overall process of political funding and enable regulatory authorities to monitor the flow of funds.
WTO Pressure on Indian Farm Subsidies Amid Farmer's Protest for MSP (Indian Express)
- 15 Feb 2024
Why is it in the News?
The government might find it challenging to meet the protesting farmers' demand for a legal guarantee of (MSP) due to India's farm subsidies being scrutinised at the (WTO), especially with criticism from a group of 19 influential agricultural exporting countries.
Background:
- After independence, our country struggled to produce enough food for its large population as the agriculture sector was in a poor state.
- To address this challenge, we either had to import grains, which incurred significant costs, or rely on aid from other nations.
- In 1960, the government took steps toward self-sufficiency. They introduced high-yielding seeds, promoted the use of fertilisers, and improved agricultural machinery.
- At the same time, the government supported rice and wheat cultivation by offering farmers a Minimum Support Price (MSP).
- This ensures that farmers receive a fair price; if they can't sell their crops for a better price in the market, the government will buy them at a favourable rate.
- However, there's currently tension between India and the WTO regarding these subsidies.
Green Revolution
- The Green Revolution, initiated in the 1960s, aimed to enhance agricultural productivity and bolster the nation's economy.
- India embraced technological and industrial advancements in agriculture during this era.
- This included the adoption of high-yield seeds, modern farming equipment, irrigation systems, pesticides, and fertilisers to transform the agricultural landscape.
- The green revolution helped India move from a state of importing grains to a state of self-sufficiency.
Causes of Tensions Between India and the WTO:
- India's actions in this realm have stirred discontent among other nations, who perceive India's practices as unfair trade manoeuvres.
- The government's practice of procuring crops from farmers at low prices and subsequently exporting them at reduced rates to global markets has drawn criticism.
- Developed countries have lodged complaints, alleging multiple instances of India breaching WTO regulations by providing subsidies amounting to 60-70% of the total crop value.
- While the WTO permits governments to offer subsidies to farmers, it imposes restrictions, allowing developed countries to provide up to 5% and developing countries up to 10% of the total value in subsidies.
What are the WTO Regulations on Farm Subsidies?
- The WTO regulations on farm subsidies aim to promote fair competition and prevent global trade distortion.
- These regulations establish limits on the types and levels of subsidies that member countries can offer to their agricultural sectors.
- Levels of Subsidies:
Green Box:
- These subsidies have minimal impact on trade distortion.
- They are not specific to particular products and are generally permissible under WTO rules.
- Examples include funding for research, environmental conservation, and direct income support for farmers facing challenges such as crop loss or natural disasters.
Amber Box:
- These subsidies promote excessive production and distort international trade.
- Examples include input subsidies like those for seeds, fertilisers, and Minimum Support Price (MSP).
- WTO restricts these subsidies, capping them at 5% for developed countries and 10% for developing countries.
Blue Box:
- These subsidies, akin to Amber Box subsidies, aim to limit production.
- Currently, only a few countries, such as Norway and Iceland, utilise these subsidies.
- The WTO does not impose any limits on these subsidies.
Why India's Agricultural Subsidy Programs Encounter Challenges in the WTO?
- India's agricultural subsidies face hurdles at the WTO due to the organisation's rules, which do not consider subsidies on a per-farmer basis, disadvantageous to developing countries like India.
- For instance, although India's per-farmer subsidy is significantly lower compared to countries like the US, the WTO regulations focus on total subsidy amounts.
- In 2019-20, India's subsidies exceeded the 10% limit relative to its total rice production, despite the per-farmer subsidy being relatively modest at $300 compared to the US's $40,000 per farmer.
- While India is safeguarded by the 'Peace Clause' established during the WTO's Bali ministerial in 2013, certain ambiguities in the clause leave India vulnerable to disputes.
- Consequently, new schemes must adhere to the 10% subsidy ceiling, foregoing protection under the 'Peace Clause'.
Criticism of India’s Agricultural Subsidies by Influential Agricultural Exporting Countries:
- The Cairns Group, which includes countries like Australia, Brazil, and Canada, has raised concerns about the level of subsidisation in India’s public stockholding (PSH) program.
- They argue that India's agricultural support measures are significantly subsidised, leading to distortions in global food prices and negatively impacting food security in other nations.
- Last year, the group circulated a comprehensive proposal aimed at reducing trade-distorting agricultural support among WTO members, advocating for a halving of the total global entitlement/subsidies.
- This proposal sparked tensions among developing nations, with India among those affected.
- Essentially, the Cairns Group is advocating for India to either dismantle or scale back its Minimum Support Price (MSP) scheme, prompting India to seek stronger legal protection for its MSP program.
Upcoming Challenges for the Government of India:
- In pursuit of greater flexibility in providing agricultural support, India is actively advocating for a permanent solution at the forthcoming inter-ministerial summit in Abu Dhabi.
- However, the entrenched impasse on politically sensitive issues between developed and developing nations makes resolution unlikely.
- Farmers' groups in India advocate for removing agriculture from the purview of the WTO, but this approach could present challenges and hinder India and other developing nations from regulating subsidies provided by developed countries.
- The government faces a dilemma, as it grapples with peer pressure at the WTO while simultaneously facing demands for Minimum Support Price (MSP) from farmers.
- The call for better MSP support isn't limited to Punjab farmers; farmers across the nation are seeking similar assurances.
- Furthermore, if farmers in Punjab and Haryana shift away from agriculture, it could pose a threat to the country's food security.
Way Forward
- While India currently avoids disputes on the subsidy matter at the WTO due to the non-functionality of the Dispute Settlement Body (DSB), member countries will continue to scrutinise India's adherence to subsidy limits.
- As a result, India must advocate not only for adjustments to the formula used to calculate the food subsidy cap within the WTO but also for the inclusion of programs implemented after 2013 under the protection of the 'Peace Clause'.
Inauguration of BAPS Temple in UAE by PM Modi: Exploring Its Unique Features, Architecture, and Significance (Indian Express)
- 14 Feb 2024
Why is it in the News?
During his two-day visit to UAE, Prime Minister Modi will inaugurate the BAPS Swaminarayan temple in Abu Dhabi, the first Hindu temple in the Gulf nation.
Context:
- Prime Minister Modi on Wednesday inaugurated the (BAPS) temple, the first-ever Hindu temple in the United Arab Emirates (UAE).
- The iconic stone temple is located in Abu Mureikhah, near Al Rahba off the Dubai-Abu Dhabi Sheikh Zayed Highway.
- The inauguration of the 108-ft high temple marks a significant moment for the Hindu community in UAE and the two countries’ bilateral ties.
What is BAPS?
- Bochasanwasi Shri Akshar Purushottam Swaminarayan Sanstha (BAPS) is a socio-spiritual Hindu organisation founded on the principles of practical spirituality.
- The temple was built by the organisation, a denomination of the Swaminarayan Sampradaya, a Vaishnav sect of Hinduism.
- With over 3,850 centres globally, BAPS has garnered national and international recognition, including affiliation with the United Nations.
- Through vows of abstinence and purity, BAPS fosters a foundation for humanitarian endeavours, caring for societies, families, and individuals.
What Does BAPS Do?
- The BAPS Swaminarayan Sanstha views spirituality as its core mission. Through gradual steps, it strives to draw individuals closer to God.
- In collaboration with BAPS Charities, the organization extends its outreach globally, addressing diverse humanitarian needs.
- From education to healthcare and environmental concerns, practical solutions are offered to real-world problems, impacting lives on both macro and micro scales.
- BAPS has a network of around 1,550 temples across the world, including the Akshardham temples in New Delhi and Gandhinagar, and Swaminarayan temples in London, Houston, Chicago, Atlanta, Toronto, Los Angeles, and Nairobi.
Who is Swami Narayan?
- Bhagwan Swaminarayan’s life and work have not only influenced communities in Gujarat, India but have affected change throughout the world.
- He reestablished Hindu Sanatan Dharma, cleansing traditions and rituals of the impurities that had seeped in over time.
- His contributions have been hailed by Hindus and dignitaries of other faiths as truly transforming the lives of millions of individuals.
- He improved societal standards and, most importantly, the innate nature of people, eradicating them from lust, anger, greed, and envy.
- Bhagwan Swaminarayan’s teachings transcended borders, rejuvenating Hindu traditions worldwide.
What are the Features of the (BAPS) Temple?
- The Abu Dhabi temple is a traditional stone Hindu temple with seven shikhars.
- Built in the traditional Nagar style, the temple’s front panel depicts universal values, stories of harmony from different cultures, Hindu spiritual leaders and avatars.
- Spread over 27 acres, the temple complex is on 13.5 acres
- The 13.5 acres of land was gifted by Sheikh Mohammed Bin Zayed Al Nahyan, the President of the UAE in 2019.
- The height of the temple is 108 ft, its length 262 ft and its width 180 ft.
- While the external facade uses pink sandstone from Rajasthan, the interior uses Italian marble.
- A total of 20,000 tonnes of stones and marble were shipped in 700 containers for the temple.
- More than Rs 700 crore was spent on the temple’s construction.
- The temple has two central domes, Dome of Harmony and Dome of Peace, emphasizing human coexistence through the carvings of earth, water, fire, air, and plants.
- A Wall of Harmony, one of the largest 3D-printed walls in the UAE, features a video showcasing key milestones of the temple’s construction.
- The word ‘harmony’ has been written in 30 different ancient and modern languages.
- The seven shikhars (spires) are representative of the seven Emirates of the UAE.
- Other amenities include an assembly hall with a capacity of 3,000 people, a community centre, exhibitions, classrooms, and a majlis venue.
What are the Key Architectural Features?
- The temple was judged the Best Mechanical Project of the Year 2019 at the MEP Middle East Awards, and the Best Interior Design Concept of the Year 2020.
- Among the key architectural features are 96 bells and galumphs installed around the path leading to the temple.
- These 96 bells are a tribute to Pramukh Swami Maharaj’s 96 years of life.
- Nano tiles have been used, which will be comfortable for visitors to walk on even in the hot weather.
- On the top left of the temple is a stone carving of the scene of Pramukh Swami Maharaj envisioning the temple in Abu Dhabi in 1997.
- Non ferrous material (which is more vulnerable to corrosion) has been used in the temple.
- While many different types of pillars can be seen in the temple, such as circular and hexagonal, there is a special pillar, called the ‘Pillar of Pillars’, which has around 1,400 small pillars carved into it.
- Buildings surrounding the temple are modern and monolithic, with their colour resembling sand dunes.
- Deities from all four corners of India have been featured in the temple.
- These include Lord Ram, Sita, Lakshman and Hanuman, Lord Shiv, Parvati, Ganpati, Kartikeya, Lord Jagannath, Lord Radha-Krishna, Akshar-Purushottam Maharaj (Bhagwan Swaminarayan and Gunatitanand Swami), Tirupati Balaji and Padmavati and Lord Ayappa.
- The temple also has some special features, like a ‘holy river’ surrounding it, for which waters from Ganga and Yamuna have been brought in.
- The river Saraswati has been depicted in the form of white light.
- A Varanasi-like ghat has been created where the ‘Ganga’ passes.
- Apart from 15 value tales from Indian civilisation, stories from the Maya civilisation, Aztec civilisation, Egyptian civilisation, Arabic civilisation, European civilisation, Chinese civilisation and African civilisation have been depicted.
What is the Significance of the Temple?
- A Muslim king donated land for a Hindu Mandir, where the lead architect is a Catholic Christian, the project manager a Sikh, the foundational designer a Buddhist, the construction company a Parsi group, and the director comes from the Jain tradition.
Religious Significance:
- First Hindu stone temple in Abu Dhabi: This marks a historic milestone for the Hindu community in the UAE, providing them with a dedicated place of worship and cultural centre.
- Symbol of religious tolerance: The temple's inauguration signifies the UAE's growing acceptance and appreciation of religious diversity, fostering interfaith dialogue and understanding.
Cultural Significance:
- Strengthens India-UAE ties: The temple stands as a symbol of the strong cultural and diplomatic relations between India and the UAE, promoting mutual understanding and cooperation.
- Promotes Indian culture: The temple serves as a platform to educate the UAE community about Indian art, architecture, and traditions, fostering cultural exchange and appreciation.
Social Significance:
- Provides a sense of belonging: The temple offers a space for the Hindu community to gather, celebrate festivals, and connect with their cultural roots, fostering a sense of belonging and identity.
- Promotes social integration: The temple's open-door policy welcomes people of all faiths, encouraging social interaction and understanding between different communities in the UAE.
- Strengthens social fabric: The temple's emphasis on values like compassion, service, and community engagement contributes to strengthening the social fabric of UAE society.
Overall, the BAPS Swaminarayan Mandir in Abu Dhabi represents a significant step forward in religious tolerance, cultural exchange, and community building in the UAE. It serves as a testament to the growing understanding and appreciation between India and the UAE, and its impact will be felt for generations to come.
Gender Gap In STEMM and Government Efforts to Address It (Indian Express)
- 13 Feb 2024
Why is it in the News?
Principal Scientific Advisor to the Government of India Prof Ajay Kumar Sood launched Science for Women-A Technology & Innovation (SWATI), a portal aimed at representing girls in STEMM (Science, Technology, Engineering, Mathematics & Medicine).
Background:
- Gender inequality in the science sector has persisted as a significant issue, prompting a series of interventions to rectify this imbalance.
- Hence, delving into the trajectory of endeavours to narrow the gender divide in Indian science becomes crucial, particularly with the introduction of SWATI (Science For Women- A Technology & Innovation).
- This portal seeks to establish an extensive repository of female scientists across the nation, marking a significant milestone in this ongoing journey.
What is the SWATI Portal?
- SWATI Portal is a pioneering initiative aimed at establishing a unified online platform dedicated to showcasing Indian Women and Girls in STEMM (Science, Technology, Engineering, Mathematics & Medicine).
- The database hosted on the SWATI Portal serves as a valuable resource for informing policy decisions aimed at addressing gender disparities in STEMM fields.
- Developed, hosted, and maintained by the National Institute of Plant Genome Research (NIPGR), New Delhi, SWATI Portal stands out as the first-of-its-kind initiative in India.
Objectives:
- To significantly expand the scope of representation, encompassing every Indian woman in science across various career stages and disciplines, spanning both academia and industry.
- Facilitating robust and enduring research on equality, diversity, and inclusivity issues in India through the establishment of a comprehensive and searchable database.
- Sections within the portal include categories such as Icons (Padma/Shanti Swarup Bhatnagar/Stree Shakti Science Samman awardees), Directors, Secretaries, Academy Presidents, Faculty from Indian Universities, and personnel from autonomous organizations including S&T Ministry, CSIR, DBT, DST, MHRD, UGC, GATI, and KIRAN.
The 2004 INSA Report and the Systematic Discrimination in Indian Science:
- Recognition of Disparity: In 2004, the Indian National Science Academy (INSA) released a pivotal report that reshaped discussions on gender disparities in Indian science.
- This landmark document departed from conventional discourse by not only highlighting the gender gap but also delving into the complex layers of discrimination, including caste-related issues.
- Notably, the report garnered governmental endorsement, marking a significant acknowledgement of the imperative to investigate and rectify gender imbalances in the scientific domain.
- A nuanced Approach to Gender Disparity: The report transcended simplistic narratives, unveiling evidence of workplace bias rooted not only in gender but also in caste dynamics.
- This holistic perspective offered insights into the multifaceted challenges encountered by women in science, challenging prevalent assumptions that attributed the gender gap solely to familial responsibilities.
- Of particular significance was the collaboration between scientists and social scientists, fostering a deeper understanding of the societal dimensions of gender disparities within the scientific realm.
- This interdisciplinary synergy represented a departure from the traditional isolation of the scientific community from social science discourse on gender equality.
- Proposed Solutions and Recommendations: Advocating for proactive measures, the report underscored the need for collective action from policymakers, academia, and the scientific community to redress gender imbalances.
- By providing a comprehensive analysis of the hurdles faced by women in science, the INSA report laid the groundwork for subsequent initiatives, transcending surface-level assessments.
- Its recommendations influenced the trajectory of gender-related endeavours in the Indian scientific landscape, catalyzing a series of initiatives aimed at fostering inclusivity and equity.
Next Steps and Obstacles: Handling the Complicated Environment:
- National Conference of Women Scientists: Concurrently, the Department of Science and Technology (DST) convened a national conference in 2008, gathering over a thousand women scientists in response to the INSA report.
- During this event, the Science and Technology Minister unveiled ambitious support measures, including flexible work arrangements, childcare facilities, research grants, and housing options.
- However, the execution of these pledges encountered obstacles, with the envisioned standing committee failing to materialize, resulting in the delayed realization of promised advancements.
- IASc Report on Women's Attrition in Science: In 2010, IASc conducted a comprehensive survey on the factors contributing to women leaving the scientific field.
- The findings, based on responses from approximately 800 scientists, unveiled a multifaceted array of reasons, with women emphasizing organizational challenges alongside familial and societal pressures.
- These challenges included inflexible schedules, inadequate infrastructure, and pervasive discrimination, underscoring the necessity for systemic reforms rather than attributing departures solely to individual choices.
- Launch of "Lilavati's Daughters": Following the INSA report, the Indian Academy of Sciences (IASc) published "Lilavati's Daughters" in 2008, a compilation aimed at spotlighting the accomplishments of women in science and dispelling stereotypes.
- Discrepancies Between Intentions and Actions: The disparity between announced initiatives and their implementation underscored bureaucratic obstacles impeding progress.
- The stalling of the proposed standing committee exemplified bureaucratic hurdles that hindered the translation of well-intentioned policies into tangible outcomes for women in science.
Newer Strategies to Tackle Gender Disparity in Indian Science:
- Gender Advancement for Transforming Institutions (GATI): GATI introduces a progressive approach to addressing gender disparities, departing from conventional methods.
- Its charter, reflecting evolving gender discourse, embraces more inclusive language and practices.
- Recognizing transgender identities and advocating for gender-neutral parental leave, GATI acknowledges the diverse spectrum within the scientific community.
- Science, Technology, and Innovation Policy (STIP) 2020: The draft STIP 2020 signifies a shift towards a more inclusive science policy paradigm.
- By integrating provisions for transgender inclusion and advocating for gender-neutral parental leave, STIP 2020 aims to foster an environment supportive of scientists across genders.
- SWATI: Science for Women- A Technology & Innovation: SWATI, unveiled on International Women's Day 2021 by the former Department of Biotechnology (DBT) chief, Renu Swarup, promises to be a pioneering platform.
- Initially described as a portal dedicated to women scientists in DBT and its Autonomous Institutions, SWATI holds potential as a vital resource for advancing gender equality in the scientific sphere.
- However, detailed information about SWATI has been scarce until recent developments.
Is SWATI a Fresh Start or a Familiar Cycle?
- The introduction of SWATI signifies a commitment to integrating women into the domains of science and technology, recognizing their invaluable contributions.
- However, scepticism arises from past initiatives that initially generated excitement but ultimately faltered.
- Despite this, several aspects of SWATI instill optimism. The platform's inclusivity extends to all genders beyond the male binary, emphasizing support for scientists with diverse gender identities.
- Unlike previous endeavours, SWATI adopts a flexible approach, eschewing rigid criteria such as mandatory PhD qualifications, and acknowledging the diverse roles women play in science, regardless of formal degrees.
Conclusion
While the introduction of SWATI offers hope for progress in gender equity within Indian science, it's crucial to maintain a balance of optimism and caution. The effectiveness of SWATI will be determined by its transformation from a concept into a resilient and transparent platform capable of comprehensively addressing the multifaceted challenges confronting women in the scientific realm.
A Privileged Strategic Partnership, Without a Gulf (The Hindu)
- 12 Feb 2024
Why is it in the News?
PM Modi is scheduled to pay an official visit to the United Arab Emirates (UAE) from February 13-14, 2024 which will include inaugurating a temple built by the Bochasanwasi Shri Akshar Purushottam Swaminarayan Sanstha in Abu Dhabi.
Background:
- The upcoming official visit of the Indian Prime Minister to the United Arab Emirates (UAE) scheduled for February 13-14, 2024, signifies a pivotal moment in the evolving rapport between the two countries.
- This visit offers an opportunity to examine the diverse dimensions of the strategic partnership between India and the UAE, encompassing diplomatic, economic, cultural, and geopolitical connections that have matured over time.
- The Prime Minister will address the World Government Summit in Dubai as the ‘Guest of Honour’.
The Nature of India-UAE Special Diplomatic Relations:
- Elevated Diplomatic Engagements and Mutual Gestures: The essence of the India-UAE strategic partnership in diplomacy is marked by a sequence of notable visits, reciprocal actions, and joint endeavours, underscoring the depth of their association.
- The forthcoming seventh visit of the Indian Prime Minister to the UAE, scheduled for February 13-14, 2024, reinforces the diplomatic bonds between the two countries.
- Personal Connection: The close and amicable bond between Prime Minister Modi and UAE President Sheikh Mohamed bin Zayed Al Nahyan serves as a cornerstone in diplomatic interactions.
- This personal connection has evolved through frequent encounters, discussions, and collaborative initiatives across various domains.
- Their shared vision acts as a catalyst for expanding cooperation across diverse sectors.
- Special Collaborative Ventures: The diplomatic cooperation extends beyond regular interactions to encompass special events and joint initiatives that highlight the importance of their partnership.
- For instance, the felicitation of the UAE President in Gandhinagar during the Vibrant Gujarat Summit is a notable instance.
- This reciprocal gesture underscores the mutual respect and camaraderie between the leaders.
- Global Environmental Endeavours: Both nations actively contribute to global endeavours addressing climate change.
- Their joint involvement in the Global Green Credit Initiative underscores their dedication to environmental sustainability.
- This shared commitment to global issues demonstrates a diplomatic convergence that transcends bilateral interests, positioning India and the UAE as responsible global participants.
- Strategic Partnerships: The strategic alignment between India and the UAE is evident in their engagement in various international forums and alliances.
- Their participation in the West Asian Quad (I2U2) and the India-Middle East-Europe Economic Corridor highlights a shared commitment to regional stability and economic progress.
- These partnerships further solidify their diplomatic collaboration in shaping geopolitical dynamics.
- Crisis Management: The diplomatic ties between India and the UAE are tested during critical junctures, such as the ongoing conflict in Gaza.
- The scheduled visit presents an opportunity for both leaders to discuss pressing regional issues, showcasing their dedication to addressing challenges and preserving regional stability.
- People-Centric Diplomacy: Cultural exchanges and people-to-people connections significantly contribute to diplomatic relations.
- Instances like the UAE conferring the Order of Zayed on Prime Minister Modi and India's role as the 'Guest of Honour' at the Abu Dhabi Festival underscore the cultural aspects of the partnership.
- Such gestures foster mutual understanding and goodwill among the citizens of both nations.
Additional Highlights of the UAE-India Strategic Partnership:
- Energy Security: The UAE's role as a vital partner in India's energy security is underscored by agreements on strategic oil reserves stored in India and collaborations on crude oil storage facilities.
- The partnership between Indian Strategic Petroleum Reserves Ltd and the Abu Dhabi National Oil Company reflects a shared commitment to securing energy resources.
- Defence and Security Collaboration: Both nations actively engage in defence and security cooperation, demonstrating mutual trust and a dedication to regional stability.
- Instances such as India's special invitation to the OIC Foreign Ministers’ Meeting and the UAE's participation in the G-20 summit under India’s presidency exemplify a unique level of diplomatic understanding.
- Cultural and People-to-People Connections: Cultural exchanges, exemplified by India's role as the 'Guest of Honour' at the Abu Dhabi Festival and the conferral of the Order of Zayed on PM Modi, strengthen people-to-people bonds.
- Initiatives like the establishment of the IIT Delhi Abu Dhabi campus and the opening of a UAE consulate in Hyderabad further enrich the cultural and educational facets of the partnership.
- The BAPS temple: Constructed on a generous donation of a 27-acre land parcel by the UAE President
- It stands as the UAE's second prominent Hindu temple, following the inauguration of the Hindu Temple in Dubai in 2022.
- Geopolitical Alignment: Both countries' participation in significant groupings like I2U2 and the India-Middle East-Europe Economic Corridor underscores their shared geopolitical interests.
- The UAE's involvement in the corridor, aimed at linking India to Europe, presents a potential alternative to China’s Belt and Road Initiative.
- Fintech: The RuPay card, an integral part of India’s Digital Public Infrastructure (DPI), has been operational in the UAE since 2019. Starting from July 2023, transactions using the Indian rupee have been facilitated at Dubai’s airports.
- Regional Dynamics: The ongoing conflict in Gaza introduces an additional layer of complexity to regional dynamics, offering an opportunity for leaders to address pressing issues.
Way Forward:
- Both nations maintain close coordination within the region and participate in several significant groupings, including the I2U2.
- The UAE's involvement in the India-Middle East-Europe Economic Corridor (IMEEC) infrastructure project, established during the G-20 summit in Delhi, aims to link India to Europe via the Arabian peninsula.
- This corridor presents a potential alternative to China’s Belt and Road Initiative.
- India boasts numerous strategic partnership agreements globally, yet none exhibit the depth of convergence and mutual respect as the one with the UAE.
- While India acknowledges and appreciates the UAE’s regional role, the UAE also acknowledges India's forthcoming 'global leadership' role.
- Both nations anticipate the continued strengthening of this privileged strategic partnership in the years to come.
Conclusion
The India-UAE strategic partnership exemplifies the extensive and varied connections that have developed over time. Spanning diplomatic, economic, and cultural spheres, as well as shared geopolitical goals, this relationship serves as a paradigm of harmony and mutual regard.
With a shared vision for continued advancement, the privileged strategic partnership is positioned for further enhancement in the future.
Union's Control of Financial Flows to State Governments (Indian Express)
- 07 Feb 2024
Why is it in the News
The Union government’s moves, which reduce the aggregate financial transfers to States, are weakening cooperative federalism.
Background:
- The fiscal dynamics between the Union government and the states in India have experienced notable shifts since the tenure of the 14th Finance Commission (FC) award period (2015-16).
- Official data indicates a trend of diminishing financial transfers from the Union government to the states.
- Thus, it becomes imperative to analyze the nuances of these financial transfers, delving into the deviations from the recommendations of FCs, their repercussions on states, and the potential ramifications for federal fiscal policies.
An Evaluation of Deviation from Finance Commission Recommendations:
- Recommendation of Substantial Shift in Devolution by 14th FC: Recognising the imperative of empowering the States, the 14th FC recommended a significant increase in the devolution of Union tax revenues.
- Specifically, the recommendation was to devolve 42% of Union tax revenues to the States, marking a substantial 10 percentage points increase from the preceding 13th FC's suggestion.
- This ambitious shift was intended to enhance the financial autonomy of the States, aligning with the principles of cooperative federalism.
- Deviation from FC Recommendations by the Union Government: Instead of adhering to the recommended increase, there has been a consistent reduction in financial transfers to the States.
- This deviation is particularly perplexing given that the 15th FC retained the recommendation of 41%.
- It excluded the devolution to Jammu and Kashmir (J&K) and Ladakh, which were reorganized as Union Territories.
- If the shares of J&K and Ladakh are included, the recommended devolution should stand at 42%.
- The Dynamics of Financial Transfers of Tax Revenue: The analysis of tax revenue provides a critical understanding of dynamics of financial transfers between the Union government and the States.
- The Finance Commissions recommend the States' share based on the net tax revenue of the Union government.
- It is derived after accounting for various factors such as collection costs, revenue assigned to Union territories, and the impact of cess and surcharge.
Analysis of Tax Revenue Disparities:
- Contrasting Trends in States' Share: A Departure from FC Guidelines: The Fourteenth and Fifteenth Finance Commissions recommended states' shares of 42% and 41%, respectively, of the net tax revenue.
- However, the actual share of gross tax revenue stood at only 35% in 2015-16, dwindling further to 30% in the 2023-24 Budget Estimate.
- This discrepancy assumes significance, particularly against the backdrop of a significant surge in the Union government's gross tax revenue, soaring from ?14.6 lakh crore in 2015-16 to ?33.6 lakh crore in 2023-24.
- Disparities in Revenue Growth: The more than two-fold increase in the Union government's gross tax revenue over this period starkly contrasts with the doubling of states' share in Union tax revenue.
- This discrepancy raises concerns regarding equitable resource distribution.
- Essentially, the widening gap between the Union government's revenue generation and states' share indicates a disproportionate augmentation in the former's fiscal capacity.
- Declining Grants-in-Aid: The disparity becomes more evident when analyzing grants-in-aid to states, another statutory grant recommended by the Finance Commission.
- The absolute amount of grants-in-aid declined from ?1.95 lakh crore in 2015-16 to ?1.65 lakh crore in 2023-24.
- Consequently, the collective share of statutory financial transfers in the Union government's gross tax revenue witnessed a notable decline, plummeting from 48.2% to 35.32%.
Potential Factors Contributing to Decreasing States’ Share:
- Calculation Methodology: One of the primary factors behind the dwindling share of states in gross revenue lies in the calculation method.
- The net tax revenue, used to determine states' share, excludes revenue collections under cess and surcharge, revenue from Union Territories, and tax administration expenditure.
- Role of Cess and Surcharge: In 2015-16, revenue collection through cess and surcharge accounted for 5.9% (?85,638 crore) of gross tax revenue, increasing to 10.8% (?3.63 lakh crore) by 2023-24.
- This notable surge underscores the Union government's strategic utilization of cess and surcharge to channel funds for specific sectoral schemes, enhancing its financial autonomy.
- Exclusion of States from Cess and Surcharge Revenues: The revenues generated through these additional levies are not shared with states, highlighting a more centralized control over financial resources by the Union government.
- This selective exclusion limits resources available for devolution to states, potentially impacting their financial autonomy.
Centralization of Public Expenditure and Its Implications:
- Union Government’s Routes of Financial Transfer: Apart from traditional financial transfers like tax devolution and grants-in-aid, the Union government employs Centrally Sponsored Schemes (CSS) and Central Sector Schemes (CSec Schemes) for direct financial transfers to states.
- Influencing State Priorities Through CSS: Under CSS, the Union government proposes schemes and provides partial funding, compelling states to align their priorities with those proposed by the Union government.
- The allocation for CSS has substantially increased from ?2.04 lakh crore to ?4.76 lakh crore between 2015-16 and 2023-24, although actual financial transfers to states under CSS remain lower than allocated funds.
- CSec Schemes and Exclusive Control: Fully funded by the Union government, CSec Schemes operate in sectors where the Union government holds exclusive legislative or institutional controls.
- The significant increase in allocation for CSec Schemes from ?5.21 lakh crore to ?14.68 lakh crore between 2015-16 and 2023-24 underscores the Union government's preference for such schemes.
- Potential Bias in Resource Allocation: The decentralized implementation of CSec Schemes grants the Union government considerable latitude in allocating financial resources, raising concerns about potential bias in resource distribution.
- Challenges for Cooperative Federalism: The downward revision of states' share in Union tax revenue from 42% to 41%, despite recommendations by the 15th Finance Commission, poses challenges to cooperative federalism.
- Future discussions before the 16th Finance Commission might continue to address such challenges, potentially impacting collaborative federalism.
Conclusion
The evolving financial landscape between the Union government and states in India underscores the imperative for a comprehensive review of the fiscal architecture. Deviations from Finance Commission recommendations, increasing reliance on non-statutory transfers, and potential biases in resource allocation challenge the principles of cooperative federalism. Addressing these issues is essential to ensure equitable distribution of resources and foster collaborative governance between the Union and states, thus reinforcing the foundation of cooperative federalism for inclusive and sustainable development across the nation.
Major Takeaways From Interim Budget (2024-25) (The Hindu)
- 02 Feb 2024
Why is it in the News?
Finance Minister Nirmala Sitharaman presented her sixth Union Budget for the next financial year (2024-25), which differed from previous budgets as it was an interim budget.
What is the Interim Budget?
- The Interim Budget serves as a transitional financial plan presented by the incumbent government in an election year, bridging the period between the dissolution of the Parliament and the formation of a new government.
- This budgetary measure is necessitated by constitutional requirements outlined in Article 112 of the Indian Constitution, which mandates the submission of an annual financial statement to both Houses of Parliament.
- This statement outlines the anticipated receipts and expenditures of the Government of India for the upcoming fiscal year and requires approval from both Houses.
- However, in an election year, the prospect of a change in government following the polls prevents the presentation of a full-fledged budget by the incumbent administration.
- Consequently, the need arises for an interim budget to address the financial requirements during the transitional period.
- While there is no specific constitutional provision for an interim budget, the government seeks approval from the Lower House for the funds necessary for the transition period (April - July) through the votes on account provision.
Features and Components of Interim Budget:
- During the presentation of an interim budget, the Finance Minister provides an overview of the current state of the Indian economy, including its fiscal status and revised estimated growth for the upcoming year.
- This presentation encompasses details of both planned and non-planned government expenditures and revenues.
- While the government refrains from introducing major schemes that could sway voters or presenting an Economic Survey, it retains the authority to revise tax rates within the framework of the interim budget.
- Similar to the Union budget, the interim budget is presented to both Houses of Parliament on February 1 by the Finance Minister, subjected to debate and voting in the Lok Sabha, and subsequently forwarded for Presidential approval.
- Despite its interim nature, the interim budget remains valid for the entire fiscal year, serving as a crucial transitional arrangement until the presentation of a full-fledged budget by the new government.
What is Vote on Account?
- Article 116 of the Constitution empowers the Lower House to authorize advance grants for estimated expenditures during a portion of a financial year through legislative approval.
- This mechanism, known as a vote on account, facilitates the continuity of government operations during transitional periods.
- A typical vote on account encompasses the allocation of funds for essential expenses such as salaries, ongoing projects, and other necessary expenditures of the Central government.
- Notably, it does not entail modifications to tax rates.
- Additionally, a standard vote on account remains effective for a period of two months, with the possibility of extension for up to four months as required.
Major Takeaways from the Interim Budget (2024-25) - Part I:
- No Change in Taxation: The Interim Budget maintains existing tax rates without proposing any changes to direct or indirect taxes, including import duties.
- Withdrawal of Outstanding Direct Tax Demands: A significant initiative in the Interim Budget is the proposal to withdraw outstanding direct tax demands, benefiting taxpayers with demands up to Rs. 25,000 for the period up to the financial year 2009-10, and up to Rs. 10,000 for financial years 2010-11 to 2014-15.
- This measure is expected to benefit approximately one crore taxpayers.
- Tripled Direct Tax Collections: Over the past decade, direct tax collections have more than tripled, accompanied by a substantial increase in the number of return filers.
- The new tax regime ensures no tax liability for taxpayers with income up to Rs. 7 lakh.
- Additionally, corporate tax rates for existing domestic companies have been reduced from 30% to 22%, and for certain new manufacturing companies to 15%.
- Improvements in Taxpayer Services: The government's focus on enhancing taxpayer services has led to a transformation in the assessment system and simplified tax return filing processes.
- The average processing time for returns has been significantly reduced from 93 days to just 10 days.
- GST Compliance Relief: The implementation of GST has streamlined compliance for trade and industry, resulting in a reduction in logistics costs and taxes, and ultimately lowering prices for consumers.
- The GST base has doubled, with monthly gross GST collections nearly doubling to Rs. 1.66 lakh crore.
- Customs Facilitation Measures: Several steps have been taken in customs to facilitate international trade, including a substantial decrease in import release times at Inland Container Depots, air cargo complexes, and seaports over the last four years.
- White Paper Announcement: The government will release a white paper to provide insights into the period until 2014, aiming to draw lessons from past challenges and policy decisions.
Interim Budget (2024-25)- Part II:
- Increased Capital Expenditure: The Interim Budget allocates an 11.1% increase in capital expenditure for the upcoming year, amounting to Rs. 11,11,111 crore, representing 3.4% of the GDP.
- This investment aims to build on previous capital expenditure growth and stimulate economic growth and employment.
- Projected Real GDP Growth: India's Real GDP is projected to grow at 7.3% in FY 2023-24, reflecting the economy's resilience and healthy macroeconomic fundamentals despite global challenges.
- International agencies forecast India's continued growth between 6.1% and 6.7% in 2024-25.
- Robust GST Collection and Revenue Outlook: Strong economic activity has bolstered revenue collections, with gross GST revenues surpassing the Rs. 1.6 lakh crore mark for the seventh time.
- Total receipts, excluding borrowings, are estimated at Rs. 30.80 lakh crore, reflecting strong growth momentum and formalization in the economy.
- Support for State Governments: The Interim Budget extends support to state governments through schemes such as interest-free loans for capital expenditure and provisions for milestone-linked reforms.
- Fiscal Consolidation and FDI Inflow: Efforts towards fiscal consolidation aim to reduce the fiscal deficit to below 4.5% by 2025-26, with market borrowings estimated to be lower than the previous fiscal year.
Additionally, the government highlights a significant increase in FDI inflows over the past decade.
- Developmental Achievements: The Interim Budget underscores various developmental initiatives, including poverty alleviation programs, support for entrepreneurs through schemes like PM Mudra Yojana, housing initiatives, and promotion of startups through financial assistance.
- Infrastructure Development in Railways and Aviation: The budget outlines plans for major economic railway corridor programs and enhancements in aviation infrastructure, reflecting the government's commitment to improving transportation and connectivity.
- Committee on Population Growth Challenges: A high-powered committee will be formed to address challenges arising from rapid population growth and demographic changes, aligning with the goal of 'Viksit Bharat' (Developed India).
What are Other Announcements and Strategies in the Budget?
- During the presentation of the Interim Budget, Union Finance Minister Smt. Nirmala Sitharaman unveiled plans to increase the capital expenditure outlay for the next year by 11.1 percent to approximately Rs. 11 lakh crore, constituting 3.4 percent of the GDP.
- The Interim Budget introduces a range of announcements and strategies, signaling the trajectory and developmental approach aimed at realizing the vision of a 'Viksit Bharat' (Developed India) by 2047.
- In a series of announcements, Smt. Nirmala Sitharaman underscored the government's commitment to empowering the eastern region and its populace, positioning it as a significant catalyst for India's overall economic growth which includes:
- Boost in the Technology Sector: A corpus of Rs 1 lakh crore will be established through a fifty-year interest-free loan to facilitate long-term financing or refinancing for research and innovation in emerging technology domains.
- This initiative aims to incentivize the private sector to significantly enhance research and innovation efforts.
- Railway Infrastructure Development: The budget outlines plans for three major economic railway corridor programs focusing on energy, mineral, and cement corridors, port connectivity corridors, and high-traffic density corridors.
- Additionally, the conversion of forty thousand normal rail bogies to Vande Bharat standards will enhance safety, convenience, and passenger comfort.
- Aviation Sector Expansion: With the number of airports doubling to 149, and five hundred and seventeen new routes serving 1.3 crore passengers, the aviation sector demonstrates significant growth.
- Indian carriers have proactively placed orders for over 1000 new aircraft, indicating a robust expansion in the aviation industry.
- MGNREGA Allocation: A substantial increase in allocation for the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) scheme is proposed in the Interim Budget for 2024-25, with Rs. 86,000 crore allocated compared to Rs. 60,000 crore in the previous fiscal year.
- Subsidy Rationalization: The interim budget aims to reduce the subsidy bill on essential commodities like food, fertilizer, and fuel, with the projected subsidy falling to a five-year low of approximately Rs. 3.8 lakh crore in 2024-25.
- Notably, the fertilizer subsidy is being reduced with expectations of improvements in the global situation and increased domestic production.
- Demographic Challenges Addressed: Recognizing the challenges posed by rapid population growth and demographic changes, the government announces the formation of a high-powered committee.
- Tasked with comprehensive consideration and recommendations, this committee aligns with the goal of 'Viksit Bharat' (Developed India) by addressing demographic challenges effectively.
Conclusion
The Interim Budget serves as a transitional financial plan presented by the government during an election year, addressing various sectors such as railways, tourism, healthcare, technology, aviation, green energy, aquaculture, and housing. However, it is important to note that the incoming government will present its comprehensive budget after the newly elected Lok Sabha, delineating the government's financial strategy for the entire fiscal year.
The Evolution and Powers of the Deputy Chief Minister (Indian Express)
- 01 Feb 2024
Why is it in the News?
Currently, there are 26 deputy CMs across 14 states. The post, not mentioned in the Constitution, is nevertheless a long-standing feature of Indian politics.
Context:
- The tradition of appointing a deputy CM in Indian politics is a well-established practice, typically arising from political negotiations, especially in coalition governments or situations where a single leader lacks undisputed authority within the ruling party or support across key interest groups in the state.
- This trend is gaining prominence, evident in the four out of five states that underwent elections in November—Madhya Pradesh, Rajasthan, Telangana, and Chhattisgarh—all currently having deputy CMs.
- With the exception of Tamil Nadu and Kerala, most major states also feature the position of deputy CM.
What is the Post of Deputy CM?
- Article 163(1) of the Constitution says “There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions”.
- Neither Article 163 nor Article 164 mentions the post of Deputy Chief Minister.
- The post of Deputy CM is understood as being equivalent in rank to that of Cabinet Minister (in the state).
- The Deputy CM enjoys the same pay and perks as a Cabinet Minister.
Across Various States:
- At least 13 other states in the country apart from Bihar currently have Deputy CMs.
- The other states include:
- Maharashtra, Haryana, UP, Karnataka, Rajasthan, Madhya Pradesh, Chhattisgarh, Telangana, Himachal Pradesh, Meghalaya, Nagaland, Arunachal Pradesh and Andhra Pradesh
- The highest of these is in Andhra Pradesh, with Chief Minister Y S Jagan Mohan Reddy having five Deputy CMs.
A Brief History of the Deputy CM Post:
- Perhaps the first Deputy CM in India was Anugrah Narayan Sinha, who was the most important leader of the Congress in Bihar after the first Chief Minister of the state, Dr Srikrishna Singh (Sinha).
- Deputy CMs were seen in more states, especially after the reduction of Congress’s near-total dominance in national politics after 1967.
- Bihar: Anugrah Narayan Sinha remained Deputy CM until his death in 1957.
- Karpoori Thakur became the second Deputy CM of Bihar in 1967, in the state’s first non-Congress government led by Mahamaya Prasad Sinha.
- Uttar Pradesh: Ram Prakash Gupta of the Bharatiya Jana Sangh (BJS) became Deputy Chief Minister in the Samyukta Vidhayak Dal (SVD) government that came to power in 1967 with Chaudhary Charan Singh as Chief Minister.
- This experiment was repeated in the next government under Chief Minister Chandra Bhanu Gupta of the Congress — when Kamalapati Tripathi was sworn in as Deputy CM in February 1969.
- Both Ram Prakash Gupta and Tripathi went on to become CMs themselves.
- Madhya Pradesh: Virendra Kumar Saklecha of the BJS became Deputy CM in the SVD government led by Govind Narain Singh who came to power in July 1967.
- Haryana: Haryana has had a tradition of Deputy CMs; Chaudhary Chand Ram, a Jat leader from Rohtak, was the first to hold this position in the short-lived government led by Rao Birender Singh.
What are the Powers of the Deputy CM?
- More than the post of deputy chief minister, it is the nature of portfolios allocated to a deputy chief minister that decides how much weight the person carries in the cabinet.
- Chief ministers are often seen to keep most of the important portfolios like home and vigilance with themselves.
- If it's a coalition government, then senior leaders of the largest coalition partner usually get finance and revenue.
- The chief minister is also the sole authority on the transfer and posting of Class-I officers in the state.
- The deputy chief minister does not have a say in this matter.
- The deputy chief minister gets the same pay and perks as enjoyed by other cabinet-rank ministers in the government.
- They, however, enjoy tax-free pay and perks.
- In the matters of administration, the deputy chief minister holds no authority to see the files earmarked for the chief minister.
- In fact, the deputy chief minister is required to route all files pertaining to the portfolios allocated to her to the chief minister for clearance.
- The deputy chief minister cannot claim to preside over a cabinet meeting on her own or issue directions to other departments than allocated to her by the chief minister.
- The deputy chief minister, like any other minister, needs to seek clearance from the chief minister for expenditure over and above the budget allocated to her departments.
- Yet, deputy chief ministers are politically significant.
- It conveys the political weight the party - in the case of the coalition government - or the leader carries in the ruling dispensation.
- This is virtually a declaration that the leader who is appointed as deputy chief minister is Number 2 in the government.
- This aside, the number of deputy chief ministers in a government reflects factions in the ruling dispensation that need to be balanced for survival or the government's hitch-free run.
- Even in oath-taking, the Constitution does not provide for a separate oath for the deputy chief minister or deputy minister.
What are the Concerns?
- Lack of constitutional backing and unclear roles can allow the Chief Minister to exploit the position arbitrarily.
- Unlimited appointments of Deputy CMs may lead to excessive appeasement of coalition partners.
- Duplication of roles with Cabinet ministers could create governance and administrative challenges.
What Lies Ahead?
- There's a need to clearly define the roles and responsibilities of Deputy CMs.
- Implementing a limit on the number of Deputy CMs per Chief Minister could streamline the role.
- It's essential to raise political awareness among Indian citizens about this position.
Deputy Prime Ministers:
- India has also seen several Deputy Prime Ministers — a post that was first held by Sardar Vallabhbhai Patel when Jawaharlal Nehru was Prime Minister.
- Nehru and Patel were the two tallest leaders of the Congress at the time and were also seen as representing two different streams of thinking within the party.
- Among those who held the position subsequently were Morarji Desai, Charan Singh, Chaudhary Devi Lal, and Lal Krishna Advani.
- Devi Lal’s appointment as Deputy PM in VP Singh’s government in 1989 was challenged in court on the ground that “the oath administered to him as such was not…in accordance with the prescription of the Constitution”.
- In K M Sharma vs Devi Lal and Ors (1990), the Supreme Court upheld Devi Lal’s appointment “in view of the clear statement made by the learned Attorney General that Respondent No. 1 (Devi Lal) is just a Minister like other members of the Council of Ministers, though he has been described as Deputy Prime Minister.
- The description of him as Deputy Prime Minister does not confer on him any powers of the Prime Minister”.
Hybrid Vehicles Could be a Cleaner Solution for India than EVs for the Next Decade (Indian Express)
- 31 Jan 2024
Why is it in the News?
Calculations by HSBC Research show overall carbon emissions are lower in hybrids compared to electrics. India's electric mobility plan is currently focused on battery electrics. But as global examples show, there are challenges to the wider adoption of EVs in India.
Context:
- HSBC Research recommends India prioritize hybrid vehicles as a crucial step towards full electrification over 5-10 years.
- Hybrid cars offer lower emissions compared to traditional and electric vehicles, with emissions likely to converge within a decade.
- Combining internal combustion engines with onboard electric motors, hybrids provide a balanced propulsion approach.
- This strategy aligns with India's sustainability goals, bridging the gap towards complete electrification in transportation.
Why does Hybrid Vehicles are a Good Medium-term Solution?
- Hybrid vehicles are an effective medium-term solution for India's transportation needs as it progresses towards full electrification.
- Hybrids, along with compressed natural gas cars, offer practical advantages over the next 5-10 years.
- They are deemed critical not only for cost-effectiveness but also for India's decarbonization efforts.
- Hybrids emit 133 g/km of total (well-to-wheel) carbon emissions, compared to 158 g/km for electric vehicles, making hybrids at least 16% less polluting.
- This analysis factors in not just tailpipe emissions but also considers emissions from vehicle operations (tank-to-wheel) and the entire lifecycle, including crude mining, refining, and power generation.
For How Long Is This Situation Expected to Hold?
- The convergence of emissions between electric vehicles (EVs) and hybrids is anticipated within 7-10 years.
- Currently, in India, non-fossil fuel sources account for 26% of power generation, with a blended emission rate of 716g/kWh.
- The emissions from hybrid cars and EVs will align once non-fossil fuel power generation in India reaches 44%.
- Even with a projected 40% share of non-fossil fuels by 2030, hybrids are predicted to emit 8% less than EVs, although this reduction will be half of the current 16%.
What are the Challenges Faced by Battery Electric Vehicles (BEVs)?
The global push for battery electric vehicles (BEVs) faces several challenges:
- Upfront Subsidy: BEV adoption, as seen in Norway, the US, and China, heavily relies on state subsidies.
- However, in countries like India, direct subsidies often benefit middle or upper-middle-class buyers, raising equity concerns.
- Charging Infrastructure: Investing in charging networks, as demonstrated by Norway and China, significantly boosts EV adoption.
- However, India's charging infrastructure lags, with only about 2,000 operational public charging stations, posing a challenge, especially considering the dominance of two- and three-wheelers.
- Electricity Source: Unlike countries with renewable-heavy grids, India largely relies on coal-fired plants.
- This raises questions about the environmental benefits of EVs and highlights the need for cleaner energy generation.
- Value Chain: India's reliance on lithium-ion batteries exposes the vulnerability in the global supply chain, primarily dominated by a few countries.
- Diversification strategies are crucial to mitigate risks and ensure sustainable battery production.
What are the Difference Between Hybrid and Electric Vehicles?
- Hybrid Vehicles: Hybrid vehicles utilize a combination of an internal combustion engine (usually gasoline-powered) and an electric motor.
- These vehicles can operate on both gasoline and electricity, either separately or in tandem.
- The environmental impact of hybrid vehicles is typically lower than that of traditional gasoline-powered vehicles due to their ability to switch to electric power, reducing fuel consumption and tailpipe emissions.
- However, they still rely partially on fossil fuels and produce emissions during combustion.
- Electric Vehicles: Electric vehicles (EVs) are powered solely by electricity stored in batteries.
- They produce zero tailpipe emissions, making them cleaner and more environmentally friendly than hybrid vehicles and traditional internal combustion engine vehicles.
- However, the overall environmental impact of EVs depends on factors such as the source of electricity generation.
- If the electricity comes from renewable sources like solar or wind, EVs can have a significantly lower environmental footprint compared to hybrid vehicles.
- They produce zero tailpipe emissions, making them cleaner and more environmentally friendly than hybrid vehicles and traditional internal combustion engine vehicles.
Does Electric Vehicles Pollute More than Hybrid Vehicles?
It's not accurate to say that electric cars pollute more than hybrid cars in general. However, there are specific contexts where electric cars might appear to have a higher environmental impact than hybrids.
- One such context is during the manufacturing process. Electric cars typically require large batteries, which involve the extraction of raw materials like lithium and cobalt.
- The extraction and processing of these materials can result in environmental degradation and pollution.
- Additionally, the manufacturing process for electric cars may require more energy compared to hybrid vehicles.
- Another factor is the source of electricity used to charge electric cars.
- If the electricity comes from fossil fuels like coal or natural gas, then the overall environmental impact of electric cars may be higher than that of hybrids, which can partially rely on gasoline.
- However, as renewable energy sources like solar and wind power become more prevalent, the environmental benefits of electric cars increase significantly.
- In terms of operational emissions, electric cars produce zero tailpipe emissions, while hybrids emit pollutants when running on gasoline.
- However, hybrids still produce fewer emissions than traditional gasoline-powered vehicles.
What About Other “Clean Vehicles”?
- Apart from electric cars, hydrogen fuel cell vehicles offer another zero-emission alternative.
- Unlike electric vehicles, which draw power from charging stations, hydrogen fuel cell cars generate electricity internally.
- They utilize a fuel cell that combines hydrogen from an onboard tank with oxygen from the air, emitting only water vapour and warm air.
- While hydrogen fuel cell cars hold promise for decarbonizing industries like aviation and shipping, they face challenges.
- They are less common and pricier than electric cars, with lower energy efficiency.
- Moreover, the environmental impact of hydrogen production varies: "green hydrogen" sourced from renewable energy is scarce, while most hydrogen is currently derived from "grey" or "blue" processes, which involve emissions or carbon capture complexities.
Conclusion
While hybrid vehicles offer a transitional solution, electric vehicles remain pivotal in reducing emissions. Overcoming challenges in charging infrastructure and energy sourcing is vital for maximizing their environmental benefits. Hydrogen fuel cell vehicles show promise but require significant advancements. A holistic approach, including innovation and policy support, is crucial for realizing the potential of clean mobility solutions.
Populism and Health Inequality in India (The Hindu)
- 30 Jan 2024
Why is it in the News?
A fair and effective health system requires freedom from political influence, focusing on policymaking and implementation driven by scientific evidence and long-term objectives.
Background:
- Within India's diverse landscape, where bustling cities coexist with serene villages, there's a subtle yet crucial struggle unfolding in the realm of public health.
- Despite its significance, this battle often takes a backseat to the allure of curing illnesses. While disease prevention holds paramount importance, political attention tends to gravitate towards visible and immediate achievements such as constructing new medical facilities, offering affordable treatments, and managing crises.
- Hence, there arises a pressing need to examine the challenges and deficiencies within the existing democratic approach to public health, emphasizing the necessity for evidence-based strategies geared towards long-term objectives.
What is the Present Condition of Public Health and Nutrition in India?
- According to the 5th National Family Health Survey 2019-21:
- 35.5% of children under 5 exhibited stunted growth.
- 32.1% were underweight.
- The prevalence of anaemia among children aged 6-59 months rose from 58.6% to 67.1%.
- Among women aged 15-19 years, the prevalence of anaemia increased from 54.1% to 59.1%.
- These statistics underscore a notable disparity in public health endeavours.
The Incongruity of the Democratic Process in India's Public Health:
- Emphasis on Infrastructure and Immediate Relief: The inclination towards constructing new hospitals and providing subsidized treatments reflects democratic governance in India.
- While these initiatives address immediate healthcare needs, their impact on sustained population health still needs to be improved.
- During health crises, political leaders often prioritize emergency response strategies, swiftly mobilizing state resources.
- However, many of these measures yield minimal impact due to insufficient follow-through beyond public announcements.
- Preferring Emergency Response over Vital Preventive Measures: Budget constraints often limit the effective implementation of announced initiatives, raising concerns about their long-term sustainability and impact.
- This emphasis on visible achievements can overshadow critical areas like sanitation, disease surveillance, and public health education.
- Yet, these aspects are vital for maintaining population health and averting disease outbreaks.
- The significance of quieter victories achieved through preventive measures, such as eradicating diseases like smallpox and controlling polio, often goes unnoticed despite their substantial contributions to public well-being.
A Case Study of Dengue Illustrating This Dilemma
- Immediate Response Emphasis: During dengue outbreaks, political leaders often prioritize swift relief actions, such as establishing relief camps and offering symptomatic treatments.
- This reactive stance arises from the urgency of the situation and the imperative to alleviate the immediate suffering of affected communities.
- However, the lack of emphasis on preventive measures can perpetuate a cycle of recurrent outbreaks, straining healthcare resources further.
- Overlooking Underlying Causes and Prevention: The focus on emergency relief efforts may overshadow the significance of long-term strategies, including studying vector bionomics, developing vaccines, and enhancing public health infrastructure.
- Consequently, the current approach falls short of averting future outbreaks and burdens the healthcare system.
- Research and development in these realms are imperative. For instance, despite limitations, the existing dengue vaccine underscores the necessity for further exploration.
- Additionally, climate change impacts mosquito breeding and movement patterns, necessitating adaptations in public health strategies.
What are the challenges in Public Health in India:
- Prioritizing Short-Term Gains: Political leaders often prioritize initiatives promising immediate results, like constructing new hospitals and offering subsidized treatments, over long-term public health strategies.
- Budgetary Limitations: Despite announcements, the impact of these short-term measures is limited due to constraints in budget allocation and implementation beyond public announcements.
- Neglect of Vital Areas: Critical aspects such as sanitation, disease surveillance, and public health education are often overlooked, despite their significance in maintaining population health and preventing disease outbreaks.
- For example, in the case of Dengue, relief efforts overshadow long-term strategies like vector control and vaccine development.
- Profit-Driven Pharmaceutical Sector: The profit-oriented nature of the pharmaceutical industry sidelines public health priorities, leading to disparities in medicine availability, particularly concerning diseases like tuberculosis, which disproportionately affect socio-economically disadvantaged populations.
- Lack of Holistic Approach: Addressing public health challenges necessitates interdisciplinary expertise from fields like environmental science, sociology, urban planning, and economics.
- However, India's current approach remains predominantly physician-centric, overlooking broader societal and environmental factors.
What Steps Can Be Taken?
- Prioritize Research and Development: Emphasize research, particularly in vaccine development and understanding the influence of climate change on disease vectors, to inform proactive public health strategies.
- Depoliticize Health Decision-Making: Ensure that public health policies are driven by scientific evidence and long-term objectives rather than short-term political considerations.
- Enhance Nutrition Support: Increase investments in nutrition programs, recognising their significant long-term benefits for health and productivity.
- Adopt a Holistic Approach: Implement a comprehensive public health management strategy that encompasses preventive measures, policy development, community health initiatives, and environmental health considerations.
- Grant Autonomy to Health Ministries: Consider granting health ministries greater autonomy, potentially placing them directly under the leadership of elected officials such as Chief Ministers or Prime Ministers, similar to India’s space and atomic energy departments, to facilitate more effective decision-making and implementation processes.
Conclusion
Although democracy itself is not detrimental to public health, the existing approach within democratic frameworks frequently lacks effectiveness. There is a pressing requirement to rethink public health governance, prioritizing evidence-based, comprehensive, and forward-looking strategies that cater to both present and future health requirements.
Targeting Imperfect Global University Rankings for National Security is Debatable, but Inevitable (Indian Express)
- 29 Jan 2024
Why is it in the News?
The drafting of India’s first National Security Strategy document includes a provision to expedite domestic defense manufacturing, while concurrently aiming to elevate ten Indian universities into the ranks of the global top 100.
Context:
- As India develops its first National Security Strategy, the main goal is to speed up the production of defense equipment indigenously.
- But with the world changing, it's becoming more obvious that there's a strong connection between knowledge and weapons.
- Technologies like drones, satellite internet, and artificial intelligence are being used in both civilian and military areas, blurring the lines between them.
- So, it's important for our strategy to adapt to these changes and make sure we're prepared for the future.
Examining Geopolitical Changes and Technological Boundaries:
- Reviewing Economic Integration: Previously, the United States played a crucial role in accelerating China's integration into the global economy.
- However, the recognition of the strategic implications of advanced technologies has prompted a reevaluation of this approach.
- The concept of safeguarding critical technological advancements for national security reasons, as advocated by the U.S. National Security Advisor, suggests a shift towards placing foundational technologies behind a high fence.
- Scrutinizing Friend Shoring: The notion of friend shoring, which involves maintaining economic partnerships between countries with conflicting interests, is facing increased scrutiny.
- Recent statements from the White House Economic Council Director regarding concerns over a Japanese company with Chinese operations acquiring a U.S. steel company highlight growing apprehensions surrounding economic ties with potential adversaries.
- China's Response and Technology Restrictions: In response to perceived threats to its technological sovereignty, China has implemented measures to restrict the use of certain foreign technologies.
- Notably, Tesla cars and Apple phones have been prohibited from Chinese army bases due to concerns regarding sophisticated surveillance features such as cameras, microphones, and cloud backups.
- Xi Jinping's Dual Circulation Strategy: Under Xi Jinping's leadership, China has embraced a dual circulation strategy, emphasizing the utilization of Chinese technologies whenever possible and resorting to foreign technologies only when necessary.
- This strategic approach reflects a deliberate effort to reduce dependence on external sources, aligning with broader objectives of technological self-sufficiency.
- Challenges in Indo-Pak Relations and China's Evolving Approach: India grapples with ongoing geopolitical challenges, particularly from Pakistan, which remains steadfast in its decades-old conflict stance.
- China's evolving policy towards prioritizing domestic technologies mirrors shifts in the global landscape.
Technology Advancements Through Military-University Collaborations: A Historical Context
- MIT's Impact in World War II: During World War II, the Massachusetts Institute of Technology (MIT) emerged as a crucial centre for pioneering research and technological breakthroughs that significantly influenced the war effort.
- Led by Vannevar Bush, MIT's School of Engineering transitioned to chair the National Defense Research Committee and the Office of Scientific Research and Development in 1939, facilitating seamless collaboration between academia and the military.
- MIT's contributions during this period were extensive, ranging from radar development for various applications to the creation of the Long-Range Navigation (LORAN) system.
- This collaboration demonstrated how academic institutions swiftly responded to wartime demands, providing technological solutions with lasting impacts.
- The Birth of Silicon Valley: The post-World War II era witnessed the continuation of military-university collaborations, notably contributing to the genesis of Silicon Valley.
- Frank Terman, an MIT doctoral student under Vannevar Bush and later the dean of Stanford's engineering school, played a pivotal role in fostering connections between academia and the military.
- Terman's influence was instrumental in nurturing Silicon Valley into a global epicentre of technological innovation.
- Symbiotic Alliance Between Academia and Defense: The historical collaboration between universities and the military underscores the symbiotic relationship between academic research and national defence.
- These partnerships, forged during critical historical moments, not only drove technological progress but also underscored the vital role of knowledge exchange between academia and the military in fostering strategic innovation.
Rethinking the Value of Global University Rankings
- Challenges with Ranking Methodologies: Critics often challenge the validity of global university rankings, suggesting they prioritize popularity over genuine educational excellence.
- Common metrics like peer surveys can introduce biases and may not accurately reflect an institution's academic prowess.
- Additionally, certain metrics may not capture the full spectrum of educational quality, raising concerns about the reliability of rankings.
- Limitations in Evaluation Criteria: Global rankings tend to focus heavily on research output and international reputation, neglecting other crucial aspects such as teaching quality.
- This incomplete assessment overlooks the diverse educational goals and values of institutions, leading to an ideological bias in the rankings.
- A more comprehensive evaluation framework that considers a broader range of factors is needed to provide a holistic view of educational excellence.
- Importance of Global Rankings: While facing criticism, global university rankings remain significant in the academic sphere.
- Many universities worldwide set goals to improve their rankings, using them as benchmarks for management decisions and promotional efforts.
- Institutions frequently devise strategies and allocate resources based on their standing in these rankings.
Evaluating India's University Ranking Objectives: A Strategic Necessity
- Strategies for Enhancement - Government Initiatives Encompass: Selecting and investing in 20 government universities to establish research centres equipped with substantial resources, including extensive research facilities and industry liaison offices.
- Streamlining resources by consolidating Research Laboratories and integrating independent research facilities into the top 20 government institutions to promote collaborative research endeavours.
- Redirecting government research funding primarily towards universities, mirroring the approach of established bodies like the U.S. National Institute of Health and National Science Foundation.
- Promoting corporate-university research partnerships through financial incentives, such as tax incentives for companies engaging in research activities at Indian institutions.
- Strategic Alliances with Defense Endeavors: The government's intent to collaborate with defence initiatives, as indicated by the proposed Defence Technology Council, underscores the alignment between academic excellence and national security objectives.
- Establishing strategic alliances with universities can enhance project management efficiency, addressing concerns highlighted by the Comptroller and Auditor General (CAG) regarding timelines in defence projects.
Conclusion
India's National Security Strategy must evolve in response to shifting geopolitics and technological advancements. It is essential to prioritize the elevation of universities to global stature, recognizing the interconnectedness of knowledge, defence, and national security.
Through strategic initiatives that tackle challenges and foster collaboration between academia and government, India can establish itself as a significant player in the ever-changing global security landscape.
Turkey Finally Backs Sweden’s NATO Bid: Why the Opposition, why it changed its stance (Indian Express)
- 25 Jan 2024
Why is it in the News?
Turkey’s parliament ratified Sweden’s Nato membership bid recently, clearing the biggest remaining hurdle to expand the Western military alliance after 20 months of delay.
News Summary:
- Turkey's parliament ratified Sweden's NATO membership bid recently, clearing the biggest remaining hurdle to expand the Western military alliance after 20 months of delay.
- Sweden and Finland applied to join in May 2022, following Russia's invasion of Ukraine.
- The two countries feared for their security.
- Finland - which has a 1,340km land border with Russia - became a Nato member in April 2023.
- Turkey had been blocking Sweden's application because it said the country had refused to hand over members of militant groups such as the Kurdistan Workers' Party (PKK).
- Sweden's bid for membership was finally approved by the Turkish parliament on 23 January.
- Now, Sweden only needs Hungary's parliament to approve its membership.
- For a nation to become a member of the North Atlantic Treaty Organization (NATO), the consent of all current member countries is required.
- Turkey has been a member of NATO since 1952.
Why does Sweden want to join NATO?
- Sweden has not fought a war in two centuries, staying neutral through the two World Wars and the Cold War.
- In recent years, while it joined the European Union and collaborated with NATO, it showed no intention of actually joining the military alliance its powerful neighbour, Russia, is hostile to.
- However, this neutrality had to be abandoned after Russia invaded Ukraine.
- With public opinion increasingly in favour of joining NATO, both Sweden and Finland applied for membership in 2022.
- While Finland’s bid was cleared, Sweden ran into stiff opposition from Turkey’s President Recep Tayyip Erdogan and Hungary’s Prime Minister Viktor Orban.
- Once a country is a NATO member, an attack on its territory is considered an attack on the US-led alliance, and all 31 members are obliged to defend each other.
Why was Turkey opposing Sweden’s bid?
- Turkey had accused Sweden of going soft on groups it sees as terrorists, such as the Kurdish militant outfit the Kurdistan Workers’ Party (PKK).
- Quran-burning protests held in Sweden, which its government says are protected under freedom of speech laws, further soured its relationship with Turkey.
- Erdogan had also linked Turkey’s support to Sweden with the US agreeing to sell 40 F-16 fighter jets to Ankara. While the US had not said the deal would depend on Turkey’s Sweden actions, the sale is expected to go through now.
What will Sweden bring to NATO?
- Once Sweden becomes a member, almost all of the Baltic Sea coastline, except that in Russia’s control, will become NATO territory.
- This will provide the alliance with strategic bases close to Russia, make supply lines more streamlined, and make it easier to defend assets in the sea.
- Sweden’s military, though numerically small, is modern and experienced in past NATO missions. Importantly, it has advanced aircraft and submarine capabilities.
What is NATO?
- Established in the aftermath of World War II, the North Atlantic Treaty Organization (NATO) is an intergovernmental military alliance between 28 European countries and 2 North American countries and is headquartered in Belgium.
- It implements the North Atlantic Treaty, which is a system of collective security, where its member states agree to mutual defence in response to an attack by any external party.
- The most recent member to be added was Finland on 4 April 2023.
- Since its founding on April 4, 1949, the admission of new member states has increased the alliance from the original 12 countries to 30.
Background:
In the event of a possible attack by Germany, a Treaty of Alliance and Mutual Assistance was signed by France and the United Kingdom in 1947.
- Later next year, the alliance was expanded to include Belgium, the Netherlands, and Luxembourg, in the form of the Western Union.
- In 1949, talks for the new military alliance which would include North America resulted in the signing of the North Atlantic Treaty.
- The Treaty included the members of the Western Union and the United States, Canada, Portugal, Italy, Norway, Denmark and Iceland.
- In May 1955, West Germany was permitted to rearm militarily, as they joined NATO, which was a major factor in the creation of the Soviet Union-dominated Warsaw Pact, delineating the two opposing sides of the Cold War.
- In October 1990, East Germany became part of the Federal Republic of Germany and the alliance, and in November 1990, the alliance signed the Treaty on Conventional Armed Forces in Europe (CFE) in Paris with the Soviet Union.
- The treaty mandated specific military reductions across Europe, which continued after the collapse of the Warsaw Pact in February 1991 and the dissolution of the Soviet Union, which removed the de facto main adversaries of NATO.
- The Treaty was largely dormant until the Korean War initiated the establishment of NATO to implement it, by means of an integrated military structure, which included the formation of Supreme Headquarters Allied Powers Europe in 1951, adopting the Western Union's military structures and plans.
What is the Purpose of NATO?
- According to NATO, its purpose is to guarantee the freedom and security of its members through political and military means.
- By political, it means the organisation promotes democratic values and enables members to consult and cooperate on defence and security-related issues to solve problems, build trust and, in the long run, prevent conflict.
- Militarily, NATO says it is committed to the peaceful resolution of disputes, and if diplomatic efforts fail, it has the power to undertake crisis-management operations, under the collective defence clause - Article 5 of the Washington Treaty or under a United Nations mandate, alone or in cooperation with other countries.
- Article 5 of the North Atlantic treaty, requiring member states to come to the aid of any member state subject to an armed attack, was invoked for the first and only time after the September 11 attacks, after which troops were deployed to Afghanistan.
The Role of NATO in the Russia-Ukraine Conflict:
Among the 30 countries in the organisation, Ukraine is not a member, even though it has included three former Soviet republics -- the Baltic states of Estonia, Latvia, and Lithuania.
- In 2008, NATO appeared to open the door to membership to two more former Soviet republics when its heads of government declared that Georgia and Ukraine "will become members of NATO."
- Neither has formally received eventual membership, with a lack of consensus among members.
- Russian President Vladimir Putin demanded that Ukraine never join the alliance as he seeks to limit NATO’s presence in Eastern Europe.
- Days before Putin announced a military operation in Ukraine in February 2022, he in a televised address linked the current crisis directly to Russia's Nato demands, which include a guarantee that the organisation stop expanding to the East and pull back its infrastructure from Eastern European countries that joined after the Cold War.
- If the conflict goes beyond Ukraine and impacts Nato members, it could lead the organisation to invoke its mutual self-defence clause, i.e., Article 5 of the Nato treaty.
Tax contribution by States needs to be revisited (The Hindu)
- 23 Jan 2024
Why is it in the News?`
During a NITI Aayog meeting chaired by the Prime Minister, Chief Ministers voiced their apprehensions regarding the declining revenues of the states.
Context:
- The Finance Commission holds a crucial role in suggesting the distribution formula for States' allotment of Union tax revenue.
- The formulation has witnessed changes over time in terms of the inclusion and significance of different factors, with tax contribution emerging as a central point of debate.
- It is essential to underscore the historical context, principles of equity and efficiency, and the repercussions of integrating the Goods and Services Tax (GST) regime into the distribution formula
What is the Finance Commission?
- The Finance Commission is a constitutional body responsible for providing recommendations on the distribution of tax revenues among the Union and the States, as well as among the States themselves.
- The President constitutes the Finance Commission under Article 280 of the Constitution.
- It is established at the end of every fifth year, or earlier if deemed necessary.
- Qualifications and Selection: Parliament, through legislation, determines the qualifications for Commission members and the selection process.
- The Finance Commission (Miscellaneous Provisions) Act, 1951, addresses these aspects.
- Mandate: The Commission's duties include making recommendations to the President on the distribution of tax proceeds between the Union and States, principles guiding grants-in-aid, measures to enhance State Consolidated Funds, and any other financial matters referred by the President in the interest of sound finance.
- Composition: The Commission comprises a Chairman and four members appointed by the President.
- Member Qualifications: The Chairman is selected from individuals with experience in public affairs, while the four other members are chosen from those with qualifications such as being former or eligible High Court Judges, and possessing expertise in government finances, administration, or economics.
- Tenure: Each member serves a specified term, as determined by the President, and is eligible for reappointment.
- Non-Binding Recommendations: The recommendations of the Finance Commission are advisory and not binding on the government.
The History and Evolution of the Distribution Formula:
- The historical development of the Finance Commission's distribution formula has played a pivotal role in shaping India's fiscal federalism.
- Initially focusing on personal income tax and Union excise duties, the formula underwent substantial changes with the introduction of the 10th Finance Commission, reflecting a more nuanced understanding of fiscal relations between the Union and States.
- Expansion of Revenue Streams with the 10th Finance Commission: The introduction of the 10th Finance Commission marked a significant transformation as all Central tax revenues were consolidated, expanding the range of revenue streams in the distribution formula.
- This departure from the earlier approach acknowledged the necessity for a comprehensive framework to address the intricate fiscal dynamics among the States.
- Equity and Efficiency as Guiding Principles: The distribution formula shifted its focus to prioritise equity and efficiency.
- Equity considerations aimed to rectify imbalances by allocating larger shares to revenue-scarce and high-expenditure States, while the efficiency principle rewarded states demonstrating proficiency in revenue collection and spending practices.
- This departure from the earlier needs-based criteria recognized the importance of incentivizing states to enhance fiscal capacities for the country's overall economic well-being.
- Dynamic Interplay of Equity and Efficiency: The ongoing normative debate within the Indian fiscal framework is exemplified by the dynamic interplay between equity and efficiency in successive Finance Commissions' recommendations.
- Striking the right balance between these principles remains a complex task, and the formula has evolved to reflect the changing priorities of fiscal federalism.
- Inclusion of Various Indicators: While early Finance Commissions incorporated indicators such as population, per capita income, and area in the distribution formula, a notable shift towards a more comprehensive and consolidated approach has occurred since the 10th Finance Commission.
- The convergence of income tax and Union excise duties into a single formula from the 10th Finance Commission onward aimed to streamline the approach and ensure consistency across different revenue sources.
Evaluating Efficiency Indicators in the Distribution Formula:
- Tax contribution serves as an efficiency indicator, offering insights into a state's developmental level and economic structure.
- Historically, it has been assigned a relatively modest weight, ranging from 10% to 20% within the distribution formula.
- In the early commissions, population, a key indicator of expenditure needs, played a dominant role, commanding weights between 80% and 90%.
- From the year 2000 onward, the distribution formula incorporated tax effort and fiscal discipline as efficiency indicators, each carrying approximately 15% weight.
- However, these indicators encountered challenges stemming from their instability, influenced by discretionary tax policies and unexpected shifts in tax bases.
The Reasons to Consider Petrol Consumption and GST in the Distribution Formula as Efficiency Measures:
- Petroleum Consumption as a Supplementary Indicator: In addition to GST, considering petroleum consumption as an efficiency indicator adds depth to the formula.
- Union excise duty and sales tax on petroleum products, excluded from GST, significantly contribute to the national exchequer.
- The stable and consistent nature of relative shares of petroleum consumption across states makes it an attractive supplementary indicator for assessing a state's contribution to specific tax categories.
- Stability and Uniformity in GST Contributions: In contrast to previous indicators, GST provides a unified tax system that minimizes variations in tax efforts among states.
- While the absolute amount of GST revenue generated may vary based on the size and economic structure of each state, the relative contributions remain stable over time.
- This stability is crucial for establishing a fair and consistent measure of a state's efficiency, particularly in revenue collection.
- Accurate Reflection of State's Tax Base through GST Revenue: The implementation of the Goods and Services Tax (GST) has transformed India's taxation landscape, introducing a consumption-based destination tax system that is equally divided between State and Central governments.
- This structure offers a unique opportunity for a precise estimation of a state's tax contribution.
- The inherent symmetry in GST ensures that the State GST accrual mirrors the Central GST accrual to the Union government from that state, making GST a stable and reliable measure of a state's tax base.
- Exclusion of Discretionary Policies in GST: One significant advantage of incorporating GST into the distribution formula is its insulation from discretionary tax policies.
- Unlike tax effort, which can be influenced by state-specific policy decisions, GST reflects the accurate tax base of a state, unaffected by varying policy choices.
- This characteristic makes GST a more objective and reliable indicator of a state's contribution to the national exchequer.
- Linkage to Income Levels: A compelling rationale for including both GST and petroleum consumption lies in their indirect reflection of the relative differences in the incomes accrued to the residents of a state.
- Consumption patterns are inherently tied to income levels, making the shares of CGST and Union excise duty accurate proxies for assessing both personal and corporate income tax contributions.
- Proposal for Weightage Increase: Given the fair and accurate nature of GST and petroleum consumption as efficiency metrics, there is a strong proposal for the 16th Finance Commission to assign a more substantial weightage to these indicators.
- A weightage of at least 33% has been suggested, considering the significant role these indicators play in reflecting a state's contribution to the national exchequer.
Conclusion
The transformation of the Finance Commission's distribution formula has moved from a reliance on population-centric indicators to embracing efficiency measures. The introduction of the GST regime, coupled with stable indicators such as petroleum consumption, offers an opportune moment to reassess the distribution formula. As the 16th Finance Commission contemplates the next formula, assigning appropriate weight to tax contribution as an efficiency indicator can guarantee a fair and accurate portrayal of states' contributions to the national exchequer.
How the legal debate over sub-categorisation among SCs has evolved over the years (Indian Express)
- 19 Jan 2024
Why is it in the News?
A seven-judge constitution bench headed by Chief Justice of India D Y Chandrachud will start to hear the case on the sub-categorisation among Scheduled Castes (SCs) from next week.
News Summary:
- The Union government has established a five-member committee of Secretaries, led by the Cabinet Secretary.
- The committee is tasked with evaluating and devising an equitable approach for the distribution of benefits, programs, and initiatives to the most disadvantaged communities among the 1,200 Scheduled Castes across the nation.
- These communities have often been overshadowed by relatively more advanced and dominant ones.
Key aspects of the committee include:
- Purpose: The committee will focus solely on strategies such as special initiatives and directing existing schemes toward marginalized communities.
- Mandate: It strictly refrains from delving into matters of reservation or determining the SC quota for employment and education, as these issues are considered sub-judice.
- Composition: The committee comprises Secretaries from the Home Ministry, Law Ministry, Tribal Affairs Ministry, and Social Justice Ministry.
About Schedule Caste (SC):
- Scheduled castes are those castes/races in the country that suffer from extreme social, educational and economic backwardness arising out of the age-old practice of untouchability and certain others on account of lack of infrastructure facilities and geographical isolation, and who need special consideration for safeguarding their interests and for their accelerated socio-economic development.
- These communities were notified as Scheduled Castes as per provisions contained in Clause 1 of Article 341 of the Constitution.
- Article 341 of the Indian Constitution grants the President the authority to declare certain castes and classes as Scheduled Castes in a state or union territory.
- It also empowers Parliament to include or exclude any caste or tribe from this list.
- Article 342 of the Constitution defines "Scheduled Castes" as castes, races, tribes, or parts of, or groups within such castes, races, or tribes as deemed under Article 341.
What is the Sub Categorisation of Caste?
- Sub Categorisation of Caste involves the additional classification of broader caste groups into sub-groups, considering various criteria.
- The call for Caste Sub-Categorization has emerged as certain castes and communities aim for acknowledgement and specific privileges based on distinctive characteristics, historical backgrounds, or socio-economic status.
- This approach aims to acknowledge and address the diversity within larger caste groups, targeting specific sub-groups perceived as socially and economically disadvantaged for more tailored benefits.
The Legal Aspect of Caste Sub-Categorization:
- Over the past two decades, several states, including Punjab, Bihar, and Tamil Nadu, have attempted to introduce state-level reservation laws to sub-categorize Scheduled Castes (SCs).
- However, all these plans are currently stuck in the courts as the Supreme Court forms a larger Constitution Bench to make a decision.
- E. V. Chinnaiah v State of Andhra Pradesh (2004): In this case, the apex court determined that once a community is included in the Presidential List for Scheduled Castes under Article 341 of the Constitution, they become part of a single, larger class of people for reservation purposes.
- The Bench emphasised that the state lacked the legislative power to create sub-classifications within this single class, as it would violate the Right to Equality.
- According to the Constitution, only Parliament can make these lists, and the President can notify them.
- In 2020, another Supreme Court bench, consisting of five members, in the Davinder Singh case unanimously declared that sub-categorization is constitutionally valid and suggested that a larger constitutional bench rule on the matter.
Sub-Categorization of Scheduled Castes (SCs):
- In the Telangana Assembly election, PM Modi pledged to address the demand for sub-categorization of Scheduled Castes (SCs).
- The Madiga community, the most populous among SC communities in Telangana, raised this concern, asserting that their representation share was being overshadowed by another SC community, the Malas.
- Since 1994, the Madiga community has advocated for the sub-categorization of SCs, leading to the establishment of the Justice P. Ramachandra Raju Commission in 1996 and a National Commission in 2007.
- Both commissions concluded that there are potential ways to resolve this issue.
- Currently, a seven-judge Constitution Bench of the Supreme Court is gearing up to commence hearings on this matter.
- The Supreme Court will determine whether sub-categorization among SCs and Scheduled Tribes is permissible.
- The focus of the hearing is on the constitutionality of sub-categorization among SCs for breaking up reservations in jobs and education set aside for them.
- Simultaneously, the government panel will explore "other ways to address their grievances.
Debate Over Sub-Categorization within SCs:
- Supporting Arguments: One key argument favouring the sub-categorization of Scheduled Castes (SCs) revolves around the existing disparities among these communities.
- The contention is that graded inequalities persist, with certain SC communities having limited access to essential facilities.
- Consequently, the more forward communities within the SCs tend to consistently benefit, potentially sidelining the more backward ones.
- To address this, proponents argue for sub-categorization, providing separate reservations for the more disadvantaged communities within the broader SC category.
- Opposing Perspectives: Arguments against sub-categorization assert that allocating separate reservations within these categories might not effectively tackle the root cause of the issue.
- Critics argue that the primary aim of sub-categorization was to ensure representation at all levels.
- However, even if reserved positions are available at higher levels, the most backward SCs may lack sufficient candidates to be considered.
- Therefore, it is suggested that existing government schemes and benefits should first reach these underserved sections before contemplating sub-categorization.
- Additionally, legal experts emphasize the importance of concrete data to support sub-categorization.
- They highlight the need for a comprehensive caste census, encompassing each community and sub-community along with their socio-economic data.
- According to these experts, a caste census provides the empirical basis required for the government to justify sub-categorization, determining the specific additional share of benefits needed by each community.
What is the Union Government’s Stand?
- In 2005, the Union government explored the legal aspects of sub-categorization within Scheduled Castes (SCs).
- The then Attorney General of India suggested that this could be a viable option only if unquestionable evidence indicated its necessity.
- During this period, both the National Commission for Scheduled Castes (NCSC) and the National Commission for Scheduled Tribes (NCST) expressed the view that a constitutional amendment might not be essential.
- They pointed out that Article 16(4) of the Constitution already empowered states to formulate special laws for any backward classes deemed under-represented.
- Furthermore, they emphasized the urgency of ensuring the prioritized implementation of existing schemes and benefits rather than merely allocating a quota within the existing quota.
Supreme Court to hear Thackeray group's plea against speaker’s decision refusing to disqualify MLAs (The Hindu)
- 17 Jan 2024
Why is it in the News?
The Maharashtra Assembly Speaker has refused to disqualify 40 MLAs of the Eknath Shinde faction after recognising it as the real Shiv Sena.
What happened in Maharashtra?
- In June 2022, a faction of the Shiv Sena headed by Eknath Shinde moved with 37 of the 55 MLAs and claimed to be the real Shiv Sena. It appointed Bharat Gogawale as its whip.
- However, the UBT faction claimed that they were the original political party and that Sunil Prabhu of its faction would continue to be the whip.
- The Speaker has now recognised the Eknath Shinde faction as the real Shiv Sena and held the appointment of whip by this group as valid.
- This was based on the strength of members of the Shinde faction and the party’s 1999 constitution.
- The Speaker based on this ruling refused to disqualify 40 MLAs of the Shinde faction.
- He also refused to disqualify 14 MLAs of the UBT group as the whip instructions from Bharat Gogawale could not be physically served on them.
What is Defection?
- Defection refers to the act of a legislator shifting allegiance from one political party to another, embodying elements of revolt, dissent, and rebellion by an individual or a party.
- In the political context, it manifests as a scenario wherein a member of a political party relinquishes their allegiance and aligns with a different political entity.
- Historically termed as 'floor crossing,' this phenomenon finds its roots in the British House of Commons, symbolised by a legislator physically changing sides from the Government to the Opposition or vice versa.
- In India, the defections of legislators during the 1960s and 70s from their parent parties created political instability in many States, bringing down elected governments.
- Therefore, to ensure the stability of elected governments, the 52nd constitutional amendment introduced the ‘anti-defection’ law through the Tenth Schedule in 1985.
About the Anti-Defection Law:
- The Tenth Schedule of the Constitution, also known as the anti-defection law, was added to prevent political defections.
- The rationale for curbing such defections was that they undermined the foundations and principles of Indian democracy.
- The law disqualifies legislators for violating the will of their political party.
- In the 37 years, the law has been in place, while individual defections may have reduced, en masse defections continue.
- However, the presence of the Anti-Defection Law has also undermined democracy by inhibiting legislators from exercising their choice and ability to function independently, and restricted decision-making in legislatures to a few who control political parties.
Features of the Anti-Defection Law:
- Disqualification on grounds of defection: A legislator belonging to a political party will be disqualified if he:
- (i) voluntarily give up his party membership, or
- (ii) votes/abstains to vote in the House contrary to the direction issued by his political party.
- A member is not disqualified if he has taken prior permission of his party, or if the voting or abstention is condoned by the party within 15 days.
- Independent members will be disqualified if they join a political party after getting elected to the House.
- Nominated members will be disqualified if they join any political party six months after getting nominated.
- Exemptions in cases of merger: Members are exempted from such disqualification when at least two-thirds of the original political party merges with another political party. Further:
- (i) The members must have become members of the party they have merged with/into, or
- (ii) they should have not accepted the merger and chose to function as a separate group.
- Decision-making authority: The decision to disqualify a member from the House rests with the Chairman/Speaker of the House.
- In the Kihoto Hollohan case (1993), the Supreme Court held that the presiding officer, while deciding a question under the Tenth Schedule, functions as a tribunal.
- Hence, his decision like that of any other tribunal, is subject to judicial review on the grounds of mala fides, perversity, etc.
Advantages of Anti-Defection Law:
- Enhances political stability by curbing legislators' inclination to switch parties.
- Facilitates democratic realignment through party mergers within the legislature.
- Mitigates corruption and reduces non-developmental expenditures associated with irregular elections.
- Offers constitutional recognition to the existence of political parties, marking a significant milestone.
Criticism of the Anti-Defection Law:
- Limited Independence: The ADL restricts legislators from acting independently, contradicting the essence of parliamentary democracy by penalizing independent actions.
- Party Alignment Constraints: Legislators are bound by the official stance of their party on any issue, limiting their flexibility and autonomy.
- Reduced Constituency Accountability: By preventing parliamentarians from switching parties, the ADL diminishes accountability to both the Parliament and the constituents.
- Defence Through Splitting: The law allows a defence against disqualification through party splits, where one-third of legislators moving with a breakaway group avoids disqualification.
- Misinterpretation Challenges: The ADL is prone to misinterpretation, as seen in instances like Maharashtra, highlighting the absence of authoritative legal interpretations.
- Ambiguity in Splits: Recent occurrences show opposition members breaking away in small groups to join the ruling party, raising questions about disqualification when more than 2/3rd of the opposition defects.
- Attraction of Office: Critics argue that ideological defection is rare in India, with legislators often defecting due to the lure of office rather than ideological shifts.
Recommendations from Various Committees on ADL:
- Dinesh Goswami Committee on Electoral Reforms (1990): Disqualification should be confined to cases where a member voluntarily relinquishes party membership.
- Abstention from voting or voting against the party whip in a confidence or no-confidence motion should warrant disqualification.
- The President/Governor, advised by the Election Commission, should decide disqualification matters.
- Law Commission (170th Report, 1999): Eliminate provisions exempting splits and mergers from disqualification.
- Treat pre-poll electoral fronts as political parties under the anti-defection law.
- Political parties should issue whips only in situations jeopardizing the government.
- Constitution Review Commission (2002): Bar defectors from holding public office or any remunerative political post for the remaining term.
- Consider the vote cast by a defector to topple a government as invalid.
- Election Commission: Decisions under the Tenth Schedule should be made by the President/Governor, guided by the binding advice of the Election Commission.
Important Judgment Regarding Anti-Defection Law:
- Kihoto Hollohan Case: In the Kihoto Hollohan case, the Supreme Court affirmed the overall validity of the Anti-Defection Law, except for the aspect related to judicial review, which was deemed unconstitutional.
- Shri Rajesh Verma v. Shri Mohammad Shahid Akhlaque Case: The court, in the Shri Rajesh Verma v. Shri Mohammad Shahid Akhlaque case, established that publicly opposing one's original party and supporting another party constitutes a de facto resignation from the original party.
- Mannadi Satyanarayan Reddy v Andhra Pradesh Legislative Assembly Case: In the Mannadi Satyanarayan Reddy v Andhra Pradesh Legislative Assembly case, the court addressed the jurisdiction of the Speaker or Presiding Officers in deciding questions related to defection.
- The court clarified that there is no provision in the Tenth Schedule limiting the Speaker's exercise of jurisdiction to decide such questions.
What are the reforms needed?
- The Supreme Court in Sadiq Ali versus Election Commission of India (1971), laid down the three-test formula for determining which faction is to be recognised as the original political party by the Election Commission.
- These are the aims and objects of the party;
- Its affairs as per the party’s constitution reflect inner party democracy; and
- The majority in the legislative and organisation wings.
- The first test is subject to competing claims by rival groups.
- But it is the lack of inner party democracy that results in most of these defections.
The Election Commission in February 2023, recognised the Eknath Shinde faction as the real Shiv Sena, solely based on votes polled by legislators supporting Eknath Shinde in the Maharashtra Assembly elections of 2019. An authoritative Supreme Court judgment in these matters and the setting up of an independent tribunal to decide on the disqualification of members will reduce the ambiguities surrounding the Tenth Schedule. The real reform required is institutionalising internal democracy through regular inner-party elections in our political parties with strict monitoring by the Election Commission.
Muizzu asks India to withdraw troops by March 15: Why are Indian soldiers in Maldives? (Indian Express)
- 15 Jan 2024
Why is it in the News?
Maldivian President Mohamed Muizzu has asked India to withdraw its military personnel from his country by March 15, a senior official said in Male on Sunday, nearly two months after Maldives sought their removal.
Context:
- Maldives President Mohamed Muizzu has asked India to withdraw its military personnel from the Indian Ocean archipelago nation by mid-March.
- A high-level core group, set by both nations, to negotiate the withdrawal of troops held its first meeting at the Foreign Ministry in Male on Sunday with Indian High Commissioner Munu Mahawar present.
- President Muizzu had, during his presidential campaign, asserted that he would accomplish the removal of Indian troops from the Maldives, and had made a formal request to India to withdraw its military personnel soon after assuming office.
How many Indian troops are in the Maldives?
- India does not have a large military presence in the Maldives contrary to claims by “India Out” protesters that thousands of Indian troops were stationed.
- There are only 88 Indian military personnel in the Maldives, according to the latest government figures.
- They have been based there for more than a decade.
What are Indian troops doing in the Maldives?
- India and Maldives have been allies and defence cooperation has been a crucial part of the relationship.
- Indian soldiers have been training Maldivian troops in combat and reconnaissance and helping in rescue operations.
- According to the terms of the bilateral agreement between the two nations, Indian officers were sent to train the Maldivian National Defence Force.
- The Indian troops are unarmed and mostly assist the Maldivian government with search and evacuation operations, (and) medical evacuation operations.
- From January 2019 until late 2023, 495 lives have been saved because of medical evacuations and special training conducted by the Indian personnel in the Maldives with the help of two helicopters gifted by India.
- Also, at least 50 joint search and rescue missions have been conducted.
Have Indian troops conducted military operationss in the Maldives?
- Yes, Indian troops conducted one military operation in the Maldives in November 1998 called “Operation Cactus”.
- A group of Maldivians led by businessman Abdullah Luthufi attempted a coup to overthrow the government of Maumoon Abdul Gayoom.
- They had the backing of Sri Lanka’s People’s Liberation Organisation of Tamil Eelam (PLOTE), a Tamil secessionist group.
- At least 80 mercenaries of the group entered Male on 3 November 1988 on board a hijacked Sri Lankan fighter.
- They captured key infrastructure – airports, ports, television and radio stations.
- While Gayoom was escorted to a safe house, the mercenaries took several hostages including ministers.
- As the situation escalated in the Maldives, India’s chief of army staff General VN Sharma got a call from the foreign service officer at the Prime Minister’s Office.
- He asked if the Indian army could help as there was an emergency in the Maldives.
- Indis agreed and three armed forces – the army, navy, and air force came to the neighbour's rescue.
- Two hostages were among 19 killed during Operation Cactus.
- The rest of the casualties were mercenaries.
- India, thus, helped in thwarting a major political crisis in the Indian Ocean Region.
Anti-India sentiments among a section of the Maldives’ population:
- In 2020, the “India Out” campaign started as on-ground protests in the Maldives which later spread widely across social media platforms.
- By the second half of 2021, it had developed into an active and visible political campaign.
- The supporters of the campaign had claimed that it had been started to protest against what they called Indian military presence in the country.
- They had actively targeted all aspects of India-Maldives bilateral relations.
- During the International Yoga Day celebration in 2022, organised by the Indian High Commission in the capital Male which was held at the Galolhu Stadium was disrupted by a group around 150 of protesters.
- The mob attacked participants practising yoga and vandalised property.
What are the major factors behind the fear and suspicion?
- The controversy started after two Dhruv Advanced Light Helicopters were given by India to the Maldives in 2010 and 2015.
- These were used for search and rescue operations, maritime weather surveillance and for airlifting patients.
- However, some in Progressive Party of Maldives (PPM) hinted that India was attempting to create a military presence in Maldives as these were military choppers.
- The other causes of concern are the perceived lack of transparency in dealings with India under the rule of Ibrahim Mohamed Solih and the reliance on India for maritime security.
- UTF Harbour Project: Under this agreement, India was to develop and maintain a coastguard harbour and dockyard at Uthuru Thilafalhu, a strategically located atoll near the capital Malé.
- Sections of Maldivian media had speculated that the UTF project would be turned into an Indian naval base.
India-Maldives Bilateral Relations:
- India and Maldives share strong ties encompassing ethnic, linguistic, cultural, religious, and commercial dimensions, fostering close and multi-faceted relations.
- The historical trajectory of their relationship is marked by significant milestones:
- Diplomatic Relations: India, recognizing Maldives' independence in 1965, established diplomatic ties promptly.
- During the 1988 coup attempt, India's rapid intervention under Operation Cactus solidified trust and laid the groundwork for enduring bilateral relations.
- Timely assistance during natural calamities, such as the 2004 Tsunami and the 2014 water crisis, showcased India's commitment to the well-being of the Maldives.
- The Swift dispatch of medical aid in 2020 during a measles outbreak demonstrated India's continuous support.
- Security and Defence Cooperation: A comprehensive Defence Action Plan was signed in April 2016, consolidating defence collaboration.
- India plays a crucial role in training the Maldivian National Defence Force, meeting 70% of their training needs over the last decade.
- Annual Defence Cooperation Dialogues, initiated in July 2016, underscore the strategic partnership.
- Development Cooperation: India's significant developmental contributions include projects like:
- Indira Gandhi Memorial Hospital
- Maldives Institute of Technical Education (now Maldives Polytechnic)
- India-Maldives Faculty of Hospitality & Tourism Studies
- Technology Adoption Programme in the Education Sector
- National College for Police and Law Enforcement
- Infrastructure & Connectivity Projects under Exim Bank Line of Credit ($800 million)
- Economic and Trade Relations: India emerged as Maldives' second-largest trade partner in 2022, with bilateral trade totalling $501.82 million.
- In November 2022, India provided financial assistance of US$ 100 million to address economic challenges.
- The RBI-Maldives Monetary Authority Currency Swap Agreement in December 2022 further strengthened economic ties.
- Tourism and Indian Community: Indians constitute the largest group of tourists in the Maldives, with over 200,000 visitors in 2023.
- The Indian community, the second-largest expatriate group, contributes significantly to various sectors, with approximately 22,000 individuals.
- Notably, 25% of doctors and teachers in the Maldives are Indian nationals.
- The India-Maldives relationship continues to evolve, reflecting shared values, mutual interests, and a commitment to fostering prosperity and stability in the region.
What does President Muizzu want?
- Muizzu is a pro-China leader and wants Indian troops to leave the country.
- This was among the pre-poll promises he made during his campaign.
- His main theme was about an alleged threat to the Maldives’ sovereignty by some Indian military personnel on an island, part of his party’s years-long “India out” strategy.
- After his just-concluded visit to China, President Muizzu, announced plans to reduce the country’s dependency on India, including securing imports of essential food commodities and medicine and consumables from other countries.
- Maldives is also reportedly reviewing more than 100 bilateral agreements with India signed by the previous government.
Way Forward
The trajectory of India-Maldives relations is shaped by evolving geopolitical dynamics, leadership shifts, and shared regional interests. India's steadfast commitment to the Maldives involves going beyond customary measures to foster a comprehensive partnership. Any abrupt actions jeopardizing this carefully cultivated alliance would potentially inflict more harm on the Maldives than on India. Recognizing and proactively addressing these challenges, both nations can skillfully navigate the intricacies of their relationship, paving the way for a more robust, resilient, and mutually advantageous partnership in the future.
Why has South Africa taken Israel to the International Court of Justice? (Indian Express)
- 12 Jan 2024
Why is it in the News?
What is the case before the World Court?
- South Africa brought a case against Israel to the ICJ on December 29, under the UN’s 1948 Genocide Convention.
- South Africa argued that Israel, in its ongoing Gaza assault, has transgressed from the provisions of Article 2 of the Convention.
- This article defines the term “genocide” to mean “acts committed with intent to destroy, wholly or partly, a national, ethnic, racial, or religious group”.
- The ICJ will eventually decide whether Israel is committing genocide or not — this may take years.
- But first, it will decide whether it has jurisdiction on this matter and whether the alleged acts fall under the 1948 Convention.
- South Africa has also sought interim relief for the Palestinians and asked the ICJ to order Israel to immediately suspend all military operations in Gaza, as an interim measure.
- While the court’s rulings are legally binding, it has no way to enforce them.
- Nonetheless, its opinions carry weight with the UN and other international institutions.
What is the International Court of Justice (ICJ)?
- The ICJ is the principal judicial organ of the United Nations that settles legal disputes between States in accordance with international law.
- Established in 1945 through the United Nations charter, the ICJ commenced its operations in April 1946.
- It is located at the Peace Palace in The Hague, Netherlands, distinguishing it from the other six principal UN organs situated in New York, USA.
- The ICJ specializes in settling legal disputes between states and providing advisory opinions on legal questions referred to by authorized United Nations organs and specialized agencies, all in accordance with international law.
Structure:
- Comprising 15 judges, elected for nine-year terms by the United Nations General Assembly and the Security Council, the Court ensures a simultaneous but separate voting process by these organs.
- To be elected, a candidate must secure an absolute majority of votes in both bodies.
- To maintain continuity, one-third of the Court is elected every three years, with judges eligible for re-election.
- The Court is supported by a Registry, its administrative organ, and operates in English and French as its official languages.
Regional Distribution of Judges:
- The 15 judges are distributed across regions as follows:
- Three from Africa.
- Two from Latin America and the Caribbean.
- Three from Asia.
- Five from Western Europe and other states.
- Two from Eastern Europe.
Indian Judges at ICJ:
- Four Indians have been members of the ICJ so far.
- Justice Dalveer Bhandari, former judge of the Supreme Court, has been serving at the ICJ since 2012.
Independence of Judges:
- In contrast to other international organizations' organs, the ICJ is unique in its composition, as it is not made up of government representatives.
- The Court's members are independent judges who, prior to assuming their duties, make a solemn declaration in open court, pledging to exercise their powers impartially and conscientiously.
Jurisdiction and Operations:
- The ICJ functions as a global court with a dual jurisdiction—addressing legal disputes between states submitted by them (contentious cases) and providing advisory opinions on legal questions referred to it by United Nations organs and specialized agencies (advisory proceedings).
- In contentious cases, only states that are members of the United Nations and have become parties to the Statute of the Court, or those that have accepted its jurisdiction under specific conditions, can participate.
- The judgments rendered in these cases are final, binding on the involved parties, and not subject to appeal.
- At most, there may be provisions for interpretation or, in cases of newly discovered facts, revision.
What is the Genocide Convention?
- The Convention on the Prevention and Punishment of the Crime of Genocide, commonly known as the Genocide Convention, serves as a foundational instrument in international law, officially defining the crime of genocide for the first time.
- According to the provisions of the Genocide Convention, genocide is deemed a crime applicable both in times of war and peace.
- This pivotal human rights treaty marked a historic milestone as the initial treaty adopted by the United Nations General Assembly on 9 December 1948.
- It symbolizes the global commitment to the principle of 'never again,' echoing the collective resolve of the international community in the aftermath of the atrocities witnessed during the Second World War.
- The definition of genocide outlined in the Convention has gained widespread acceptance on both national and international fronts, finding incorporation into significant legal frameworks, including the 1998 Rome Statute of the International Criminal Court (ICC).
- The Rome Statute, a pivotal development, introduced four core international crimes: genocide, crimes against humanity, war crimes, and the crime of aggression—all of which are explicitly stated to be exempt from any statute of limitations.
- Crucially, the Genocide Convention imposes on State Parties the responsibility to undertake measures for the prevention and punishment of genocide.
- This includes the enactment of relevant legislation and the punishment of perpetrators, irrespective of their status as constitutionally responsible rulers, public officials, or private individuals (Article IV).
- Both South Africa and Israel are parties to the Convention.
How often do such cases come before the ICJ?
This is not the first case the court will hear under the Genocide Convention.
- In 2022, Ukraine filed a case against Russia, and in 2019, the Gambia filed a case against Myanmar with respect to the Rohingya.
- The Myanmar case was the first time that a State invoked the court’s jurisdiction to seek redress for genocidal acts committed against the citizens of another state.
- The court agreed that the Gambia had standing to bring the case.
- Like the Gambia, South Africa has based its jurisdiction under obligations erga omnes partes — that is, as a party to the Convention, it can bring this case because of its community interest in preventing genocide.
What will happen now?
- South Africa’s case appears to meet the threshold for the court to make a provisional measures order.
- The Court must be satisfied it has prima facie jurisdiction; there is a “plausible” link between the rights asserted by South Africa and the measures it requests; and a risk of irreparable harm and urgency.
- That order will come within weeks and will have legal significance for all States that are parties to the Genocide Convention because such an order is binding on all States, even though the court lacks enforcement mechanisms.
- Israel has called the case “baseless” and a “blood libel”, and called on the international community to reject it.
- The United States, Hungary, and Guatemala have done so.
- Palestine has welcomed South Africa’s case, as have the 57 Organisation of Islamic Cooperation (OIC) countries, Malaysia, Turkey, Jordan, Bolivia, Venezuela, Mexico, Bangladesh, Namibia, Nicaragua, and some others.
- France has stated that it will support the court’s decision and India has not issued any statement.
After ECI guidelines, charting a path to disability inclusion in politics (Indian Express)
- 10 Jan 2024
Why is it in the News?
Recently, the Election Commission of India released an advisory for political parties to follow disability-sensitive terminologies and be more inclusive of persons with disabilities.
Context:
- On December 21, the Election Commission of India released a significant advisory, encouraging political parties to embrace terminology that is sensitive to disability issues.
- This initiative is designed to enhance communication that is inclusive of individuals with disabilities, guarantee the accessibility of information, and advocate for inclusion within the structures of political parties.
- This proactive measure is especially noteworthy in light of recent instances where national leaders have used disparaging language about disabilities in their election speeches, contributing to the creation of an "attitudinal barrier" as defined by the Rights of Persons with Disabilities Act, 2016.
- For example, in September 2023, Tamil Nadu leader A Raja compared Sanatan Dharma to people with leprosy and HIV in a derogatory manner.
What is Disability?
- Disability is characterized by a limitation or absence of capacity to engage in typical human activities, often resulting from an impairment.
- According to the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD), individuals with disabilities are those facing long-term physical, mental, intellectual, or sensory challenges, which, in conjunction with societal barriers, hinder their complete involvement in community life.
- This issue holds substantial importance in public health, particularly in nations undergoing development, such as India.
- The International Day of Persons with Disabilities, marked on December 3rd by the United Nations, is dedicated to globally raising awareness about challenges related to disabilities.
About the Rights of Persons with Disabilities (PwD) Act, 2016:
- An Important Legislative Framework for PwD: This legislation plays a significant role in safeguarding and advancing the rights and privileges of persons with disabilities (PwD).
- Replacing the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, the 2016 Act marks a significant stride toward promoting the rights and inclusivity of persons with disabilities across India.
- Rights and Entitlements: Clearly articulating the rights and entitlements of persons with disabilities, the Act ensures their right to equality, protection against discrimination, and active participation in society.
- Education: The Act guarantees free education for persons with disabilities up to 18 years of age and advocates for inclusive educational practices.
- Employment: Promoting equal opportunities, the Act prohibits discrimination and mandates both government and private sector establishments to reserve a designated percentage of jobs for persons with disabilities.
- Reservation in Higher Education: The Act advocates for the reservation of seats in higher educational institutions for persons with disabilities.
- Special Employment Exchanges: Recognizing the importance of facilitating employment, the Act mandates the establishment of special employment exchanges.
- Accessibility: Highlighting the significance of barrier-free access, the Act stresses the need for inclusive designs in public buildings, transportation, and information and communication technologies.
- Healthcare: Ensuring access to affordable and quality healthcare services, the Act prioritizes the healthcare needs of persons with disabilities.
- Legal Capacity: Acknowledging the right to equal recognition before the law, the Act supports the decision-making capacity of persons with disabilities.
- Social Security: The Act advocates for social security and welfare measures to support the well-being of persons with disabilities.
- National and State Advisory Boards: To oversee effective implementation, the Act calls for the establishment of National and State Advisory Boards.
- Offences and Penalties: Prescribing penalties for offences against persons with disabilities, the Act ensures accessible legal proceedings for their protection.
Important Features of the Disability-Inclusive Communication Guidelines from ECI:
- Prohibition of Ill-Health Terminologies: The guidelines emphasize refraining from using ill-health terminologies when referring to individuals with disabilities.
- This prohibition aims to counteract the use of language that may stigmatize or marginalize people with disabilities, as demonstrated by instances such as Tamil Nadu leader A Raja's derogatory comparison in September 2023, highlighting the urgent need for corrective measures.
- Prevention of Dehumanization and Stereotyping: Another vital aspect of the guidelines is the call to avoid dehumanizing portrayals and the perpetuation of stereotypes related to Persons with Disabilities (PwDs).
- Instances of national leaders using disability as a demeaning tool during election speeches underscore the deep-rooted problem these guidelines aim to address.
- By discouraging language that fosters stereotypes, the guidelines work to dismantle attitudinal barriers identified under the Rights of Persons with Disabilities Act, 2016.
- Recognition of Legal Implications: The advisory acknowledges the legal implications of violating these communication guidelines.
- Breaches, especially in disability-inclusive communication, could subject political parties and their members to action under section 92 of the Rights of PwD Act.
- This section, a punitive provision for offences against PwDs, underscores the severity of the issue.
- Therefore, the guidelines not only aim to enhance communication but also contribute to legal measures protecting the rights and dignity of PwDs.
Ideas to Improve the Effectiveness of ECI's Guidelines:
- Need for a Uniform Mandate: Despite the critical nature of these guidelines, a thorough analysis reveals a potential area for improvement.
- While guidelines within the disability-inclusive communication category use mandatory language like ‘should’ and ‘shall,’ others, especially those related to inclusion within the political party framework, employ discretionary terms such as ‘may.’
- To bolster their impact, a uniform mandate across all categories is essential, establishing a consistent and enforceable framework for political parties.
- Incorporate Guidelines into Model Code of Conduct (MCC): These guidelines are not yet part of the MCC.
- The advisory notes that a breach of guidelines related to disability-inclusive communication could lead to action under section 92 of the Rights of PwD Act, but it remains unclear whether other breaches will invoke this provision.
- Section 92 serves as a punitive measure for offences against PwDs, and the guidelines should be integrated into the MCC, similar to gender guidelines, to fortify their enforcement.
- Address Ambiguity in Phraseology: There is some ambiguity within the guidelines regarding specific phraseology, such as the mention of words like "blind," "deaf," and "dumb" as incorrect terminologies.
- While their translation in Hindi or another language might be derogatory, these are technical terms for people with visual, hearing, and speech disabilities.
- A detailed list of disability-sensitive words and phraseology, aligned with the UN Disability Inclusion Strategy, could guide the ECI in providing clarity.
- Incorporate a Chapter on Political Inclusion in the National Policy: The draft National Policy for PwD released last year lacked a dedicated chapter on political inclusion.
- The ECI advisory emphasizes that political parties must strive to include PwDs at all levels and adhere to accessibility norms.
- To catalyze the political inclusion of PwDs, a dedicated chapter on political inclusion should be integrated into the national policy, aligning with the principles of Article 29 of the UN Convention on the Rights of Persons with Disabilities.
- Creation of a Database on Legislators with Disabilities: Currently, there is no data on the number of legislators with disabilities, and the ECI's nomination forms lack a column on disability.
- This absence of data significantly contributes to the political exclusion of PwDs.
- The ECI must address this gap, possibly by introducing a column on disability in nomination forms and affidavits during elections, as a second step towards fostering the political inclusion of PwDs.
Conclusion
The Election Commission of India's recent advisory introducing disability-sensitive guidelines for political parties marks a significant stride towards fostering inclusivity in the political sphere. Nevertheless, to unlock the complete potential of these guidelines, key improvements are imperative. These include adopting a uniform and obligatory language, integrating the guidelines into the Model Code of Conduct (MCC), and adopting a holistic approach to political inclusion within national policies. By addressing these facets, India has the opportunity to shape a more inclusive political landscape that upholds and empowers individuals with disabilities.
Why is child marriage still high in West Bengal? (The Hindu)
- 08 Jan 2024
Why is it in the News
A recent study on child marriage in India published in the Lancet noted the overall decrease in child marriage across the country but pointed out that four States, mainly Bihar (16.7%), West Bengal (15.2%), Uttar Pradesh (12.5%), and Maharashtra (8.2%) accounted for more than half of the total headcount burden of child marriages in girls.
Key Findings of the Report:
- In a recent study published in the Lancet Global Health, findings reveal that one in five girls and one in six boys in India are still marrying below the legal age.
- Utilizing data from five National Family Health Surveys spanning 1993 to 2021, researchers underscore the urgent need for strengthened national and state-level policies to eradicate child marriage by 2030.
- Notable disparities in the prevalence of girl and boy child marriages across states and Union Territories were observed during the study period.
- While all states, except Manipur, showed a decline in girl child marriage between 1993 and 2021, specific states like Bihar, West Bengal, Uttar Pradesh, and Maharashtra accounted for over half of the total burden.
- For boys, Gujarat, Bihar, West Bengal, and Uttar Pradesh accounted for more than 60% of the burden.
- Jharkhand exhibited the largest percentage increase in child marriage headcount (53.1%) between 1993 and 2021.
- Despite most states and Union Territories witnessing a decrease in the headcount of girl child marriage, Uttar Pradesh demonstrated the most substantial absolute decrease, contributing to about one-third of the nationwide decrease from 1993 to 2021
- Conversely, West Bengal saw the largest absolute increase, with over 500,000 more girls married as children during the same period.
What is Child Marriage?
- Child marriage is a social phenomenon prevalent in some Indian societies, where adults marry young children, usually girls under the age of fifteen.
- Another form involves parents arranging future marriages for children who only meet when reaching marriageable age, at which point the wedding ceremony occurs.
Child Marriages in India have undergone significant change:
- From 47.4% in 2005-06, child marriage decreased to 26.8% in 2015-16.
- In the last five years, it further declined by 3.5% points, reaching 23.3% in 2020-21, as per the latest National Family Health Survey-5 data.
- Despite an overall trend of decline, the current rate of 23.3% remains distressingly high in a country with a population of 141.2 crore.
- Eight states surpass the national average in child marriage prevalence, with West Bengal, Bihar, and Tripura having over 40% of women aged 20-24 married below 18, according to NFHS data.
- Some states, like Madhya Pradesh (23.1% in 2020-21 from 32.4% in 2015-16), Rajasthan (25.4% from 35.4%), and Haryana, have demonstrated a reduction in child marriages.
What is the Global Scenario?
- UNICEF data reveals that annually, 12 million girls enter childhood marriages.
- The 2030 UN Sustainable Development Goals target the eradication of harmful practices, including child, early, and forced marriages, along with female genital mutilations, under goal 5.
- Despite notable progress in South Asia over the past decade, where the risk of a girl marrying before 18 has decreased by over a third, dropping from nearly 50% to below 30%, the advancements are insufficient, and progress remains uneven.
Impact of Child Marriage:
- Beyond being a human rights violation and a recognized form of sexual and gender-based violence, child marriage significantly affects maternal and child health.
- A recent tragedy at Murshidabad Medical College and Hospital saw 10 infants die within 24 hours, with the majority born with extremely low birth weight.
- Murshidabad, an economically challenged district, grapples with a high prevalence of child marriages in West Bengal.
- NFHS-5 highlights that 55.4% of women aged 20-24 years in the district are married before the age of 18, marking an increase from NFHS-4, which reported a figure of 53.5%.
Legal Measures in India:
- Various laws, such as the Prohibition of Child Marriage Act, 2006, and the Protection of Children from Sexual Offences Act, 2012, work toward safeguarding children from human rights violations.
- The Prohibition of Child Marriage (Amendment) Bill, 2021 aims to raise the minimum marriage age for women from the current 18 years to 21 years.
Reasons to Raise the Minimum Age of Marriage for Females:
- Addressing Education and Employment Disparities: Women often face inequalities in accessing education and employment due to early marriages.
- Early marriage can restrict women from pursuing education and economic opportunities.
- Raising the minimum age for marriage can encourage more women to pursue higher education and seek employment.
- Impact of Early Marriage on Women's and Children's Health: Early marriages and subsequent early pregnancies have significant implications for the nutritional levels, overall health, and mental wellbeing of both mothers and children.
- Underage mothers are more vulnerable to reproductive health challenges, malnutrition, postpartum hemorrhage, and susceptibility to sexually transmitted diseases.
Govt. Initiatives for Preventing Girl Child Marriage:
- Beti Bachao Beti Padhao: Among various girl child welfare schemes, Beti Bachao Beti Padhao is widely recognized.
- Translating to "Save the Girl Child, Educate the Girl Child," it focuses on women empowerment and creating an inclusive ecosystem.
- The scheme aims to promote the safety of girl children before and after birth.
- Sukanya Samriddhi Yojana (SSY): Launched in 2015, SSY promotes the welfare of girl children.
- It encourages parents to invest in funds for the girl's future studies and marriage expenses.
- Balika Samriddhi Yojana: This central government scheme supports girls in financially vulnerable sections.
- Ensures the enrollment and retention of girl children in primary and secondary schools, emphasizing quality education.
French President Emmanuel Macron to be chief guest for 2024 Republic Day parade (Indian Express)
- 23 Dec 2023
Why is it in the News?
FRENCH President Emmanuel Macron will visit India as Chief Guest for the 75th Republic Day celebrations, the Ministry of External Affairs said Friday, days after it became clear that US President Joe Biden will be unavailable.
Context:
- The Ministry of External Affairs in India has announced that French President Emmanuel Macron is set to honour the 75th Republic Day celebrations as the Chief Guest.
- This decision comes in the wake of the unavailability of US President Joe Biden, marking the sixth occasion where a French leader will partake in the Republic Day festivities.
An Overview of Bilateral Relations Between France and India:
- Since the establishment of diplomatic ties in 1948, India and France have enjoyed 75 years of close and friendly relations.
- In 1998, India and France elevated their diplomatic relationship to a Strategic Partnership which completed 25 years in January 2023.
- This Strategic Partnership, the first for France outside the EU, has been instrumental in the comprehensive growth of the India-France relationship.
Key Elements of India-France Cooperation:
- Economic Ties: Both nations share substantial bilateral investments and engage in trade and commercial cooperation, particularly in sectors like IT corridors, smart cities, railways, capital and trade exchanges, and skill development.
- Bilateral trade witnessed a notable 7.72% increase, reaching $13.4 billion in 2022-23
- Defence Partnership: The Agreement on Defence Cooperation, initially signed in 2006 and extended for an additional decade in 2016, serves as the overarching framework for all collaborative defence activities between India and France.
- Space Collaboration: The Indian Space Research Organisation (ISRO) and the French Space Agency (CNES) collaborate on various joint research programs and satellite launches.
- An example is the successful launch of the GSAT-24 communication satellite in June 2022.
- Civil Nuclear Cooperation: Formalized in 2008, the agreement on civil nuclear cooperation endorses joint efforts.
- India's involvement in ITER, a multinational initiative constructing an experimental fusion reactor in Cadarache, France, further solidifies this partnership.
- Trilateral Engagements: Beyond bilateral discussions, both nations engage in separate trilateral institutional exchanges, with India participating in dialogues alongside Australia and France collaborating with the UAE.
- Marine and Maritime Partnership: The Indo-French Maritime Cooperation, guided by the India-France Roadmap on Blue Economy and Ocean Governance adopted in 2022, underscores joint efforts in marine and maritime domains.
- Digital Collaboration: The India-France Roadmap on Cybersecurity and Digital Technologies, a result of the 2019 visit by the Prime Minister of India to France, underlines the commitment to digital cooperation.
- Cultural and Tourism Relations: Numerous Indo-French cultural associations orchestrate events across France.
- For instance, the 'Namaste France' cultural festival organized by the Government of India in 2016 showcased the rich cultural tapestry.
- Indian Community in France: Comprising around 109,000 individuals, including NRIs, the Indian community in mainland France has roots in French enclaves like Puducherry, Karaikal, Yanam, Mahe, and Chandernagore.
- Unified Stand on NATO+: Both nations share a stance against the NATO-plus partnership plans, with France publicly expressing disapproval and India rejecting the notion, emphasizing that NATO is not a template applicable to its geopolitical context."
Agreement Between India and France on Various Global and Regional Matters:
- UN Security Council and UN Reforms: France has consistently endorsed India's pursuit of a permanent seat on the UN Security Council and the broader reforms within the United Nations.
- Support in International Groups: France played a crucial role in India's inclusion in significant international forums such as the Missile Technology Control Regime (MTCR), Wassenaar Arrangement (WA), and Australia Group (AG).
- Furthermore, France continues to back India's bid to join the Nuclear Suppliers Group (NSG).
- Reciprocal Support in Regional Organizations: India actively supported France's membership in the Indian Ocean Rim Association (IORA), and in turn, France backed India's observer status in the Indian Ocean Commission (IOC).
- Joint Efforts Against Terrorism: Both nations have consistently condemned terrorism and are committed to collaborating for the adoption of the Comprehensive Convention on International Terrorism (CCIT) within the United Nations framework.
- Shared Concerns on Climate Change: There is a significant convergence of views between India and France on issues related to climate change, renewable energy, and sustainable development.
- An illustrative instance is the joint announcement of the creation of the International Solar Alliance (ISA) during the 2015 Paris COP21.
- This alliance aims to promote solar energy as a crucial resource in transitioning away from fossil fuels.
Challenges in the Bilateral Relationship:
- Trade Limitations: Although the diplomatic relations between France and India are positive, the absence of a Free Trade Agreement (FTA) poses a hurdle, restricting the full realization of trade potential.
- Additionally, the slow progress on the India-EU Broad-Based Trade and Investment Agreement (BTIA) exacerbates this challenge.
- Divergent Approaches in Defence and Security Cooperation: Despite a robust defence partnership, differences in priorities and approaches between India and France may influence their defence and security cooperation.
- India's regional focus and adherence to a "non-aligned" policy could occasionally clash with France's global interests.
- Intellectual Property Rights Concerns: France has expressed apprehensions regarding India's perceived inadequate protection of intellectual property rights.
- This concern has implications for French businesses operating within India, creating a point of contention in the bilateral relationship.
Importance of India’s Invitation to the French President for the 75th Republic Day Celebrations:
- The selection of the French President as the chief guest for the 75th Republic Day celebrations in New Delhi is driven by a multifaceted set of considerations, incorporating strategic, diplomatic, business, global geopolitical, and bilateral engagement imperatives.
- This year holds particular significance as both nations commemorate the 25th anniversary of the India-France Strategic Partnership.
- The reciprocal nature of high-level visits underscores the strength of the relationship: the Indian Prime Minister was the Guest of Honour at the Bastille Day Parade in Paris on July 14, 2023, and President Macron visited India for the G-20 Summit on September 8-9, 2023.
- Notably, in 2022, the Indian Prime Minister made a special stopover in Paris, marking the first meeting between world leaders and President Macron after his re-election for a second term.
- This visit followed the Indian PM's return from Denmark.
- In essence, India's invitation to the French President serves as a significant gesture, symbolizing and reinforcing the profound depth of the bilateral relationship between the two nations.
Lok Sabha passes three criminal law Bills: Here are the key changes (Indian Express)
- 21 Dec 2023
Why is it in the News?
Three new criminal code bills, focusing on justice rather than punishment, were passed by the Lok Sabha on Wednesday.
Context:
- Lok Sabha has passed by voice vote the three Bills that aim to overhaul the country's criminal justice system by replacing colonial-era laws.
- The three bills passed are:
- The Bharatiya Nyaya (Second) Sanhita - replace the Indian Penal Code (IPC)
- Bharatiya Nagarik Suraksha (Second) - replace Code of Criminal Procedure (CrPC)
- Bharatiya Sakshya (Second) Sanhita - replace the Indian Evidence Act
- According to the Home Minister, Amit Shah, the three new bills seek to establish a justice system based on Indian thinking and will free people from the colonial mindset and its symbols.
Background:
- Bill Presentation in August 2023: In August 2023, the Union government introduced three Bills in Parliament intending to revitalize the country's criminal justice system.
- The Bills in question were the Bharatiya Nyaya Sanhita Bill, 2023 (BNS), the Bharatiya Nagarik Suraksha Sanhita Bill, 2023 (BNSS), and the Bharatiya Sakshya Bill, 2023 (BSB).
- Referral to Parliamentary Standing Committee: The three Bills underwent scrutiny as they were referred to the Parliamentary Standing Committee on Home Affairs for a thorough review and recommendations.
- After three months of meticulous deliberation, the committee released reports on each Bill—BNS, BNSS, and BSB—suggesting necessary changes.
- Opposition Dissent on Hindi Titles: A notable point of contention arose during the committee's proceedings, particularly regarding the Hindi nomenclature of the Bills.
- Opposition members contested that the vernacular titles contravened Article 348, which stipulates English as the official language for courts and legislative matters.
- Despite opposition dissent, the parliamentary committee sanctioned the Hindi titles for all three Bills.
- Introduction of Revised Versions: After the committee's recommendations, on December 12, the three Bills were withdrawn from Parliament.
- In a prompt response, revised iterations of the Bills were promptly introduced for further consideration.
Why were new bills deemed necessary?
- Colonial Legacy: From 1860 to 2023, the nation's criminal justice system operated under British-imposed laws.
- These laws, formulated during colonial times, use outdated language and concepts that may not accurately represent current social norms and values.
- Advances in Technology: The evolution of technology has introduced new aspects to crime, evidence, and investigation, necessitating a response from the legal framework.
- Simplification and Streamlining: Over time, the laws have become intricate, confusing legal practitioners, law enforcement agencies, and the general public.
- Simplifying and streamlining the legal framework is seen as a way to enhance transparency and understanding.
- Evidence Collection and Presentation: The Indian Evidence Act predates the era of modern forensic science and technological tools, highlighting the need for an update in this regard.
- Reports and Recommendations: Various reports, including those from the department-related Parliamentary Standing Committee on Home Affairs (146th report), emphasized the necessity for a comprehensive review of the country's criminal justice system.
- Earlier reports (111th and 128th) had also underscored the need for reforms in criminal laws.
About Bharatiya Nyaya (Second) Sanhita (BNS II) Bill, 2023:
The BNS II Bill brings about significant modifications in the treatment of various offences, including criminal conspiracy, mob lynching, death by negligence, organized crimes, and terrorist acts.
- Life Imprisonment: While the BNS defined life imprisonment as 'imprisonment for life,' BNS II retains this phrase alongside the newer definition.
- Terrorist Acts: BNS II removes vague language, focusing on innovative acts such as damaging critical infrastructure, undermining monetary stability, and using force against public functionaries.
- Terrorist Act Offenses: In BNS II, the possession of property derived from a terrorist act is punishable only if acquired 'knowingly.'
- Harboring a person who committed a terrorist act is punishable if done 'knowingly' or 'voluntarily.'
- Criminal Conspiracy: BNS II modifies Clause 61 to include conspiracy with 'common intention.'
- Mob Lynching: The minimum punishment of seven years for mob lynching, as in BNS, is removed in BNS II.
- Murder by a group based on identity markers incurs life imprisonment or death, plus a fine.
- Organized Crimes: BNS II adds organized crimes, including kidnapping, extortion, and cybercrime committed on behalf of a syndicate. Petty organized crime is also now an offence.
- Changes in Offenses: Sedition is no longer an offence in BNS II, replaced by a new offence endangering the sovereignty, unity, and integrity of India.
- Community service is explicitly defined as court-ordered work benefiting the community, and serving as a punishment for offenders.
- Supreme Court Conformity: BNS II aligns with Supreme Court decisions, omitting adultery as an offence and introducing life imprisonment as a penalty for murder or attempt to murder by a life convict.
- Sexual Offenses: BNS II retains provisions from the Indian Penal Code (IPC) on sexual offences against women, increasing the age threshold for major classification in gang rape from 16 to 18 years.
- It criminalizes sexual intercourse with a woman through deceitful means or false promises.
About Bharatiya Nagarik Suraksha (Second) Sanhita (BNSS2) Bill, 2023:
- The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 (BNSS2) is designed to supplant the Criminal Procedure Code, 1973 (CrPC), which delineates the procedures for arrest, prosecution, and bail within the Indian legal framework.
- The CrPC, originally enacted in 1861 to streamline India's diverse legal systems, underwent a significant overhaul in 1973.
- The comprehensive revision led to the introduction of the present CrPC, incorporating changes such as the provision for anticipatory bail.
- The BNSS2 Bill aims to introduce several amendments to the existing CrPC framework, particularly addressing aspects related to trials, investigations, and other procedural matters.
- The proposed changes reflect an effort to modernize and enhance the efficiency of the criminal justice system in alignment with contemporary needs.
Key Features of the Bharatiya Nagarik Suraksha (Second) Sanhita (BNSS2) Bill, 2023:
- Detention of Undertrials: According to the BNSS2, the provision of releasing an accused on a personal bond after spending half of the maximum imprisonment period does not apply to offences punishable by life imprisonment or if proceedings are pending in more than one offence.
- Medical Examination: Unlike the CrPC, which restricts medical examinations to certain cases, the BNSS2 expands the scope, allowing any police officer to request an examination, broadening accessibility.
- Forensic Investigation: The BNSS2 introduces a mandatory forensic investigation for offences carrying a minimum sentence of seven years.
- Forensic experts are empowered to collect evidence on-site, documented through mobile phones or electronic devices.
- In the absence of local facilities, states can utilize facilities in other states.
- Signatures and Finger Impressions: While the CrPC empowers magistrates to order specimen signatures or handwriting, the BNSS2 extends this to include finger impressions and voice samples.
- Notably, these samples can be collected from individuals not yet arrested.
- Timelines for Procedures: The BNSS2 establishes clear timelines for various procedures.
- For instance, medical practitioners examining rape victims must submit their reports to the investigating officer within seven days, ensuring a more expedited legal process.
Bharatiya Sakshya (Second) Bill, 2023:
- Admissibility of electronic evidence: Section 61 of the original Bill allowed the admissibility of electronic evidence by underscoring that an electronic record shall have the same legal effect as a paper record.
- However, there was no requirement for a certificate under section 63 (corresponding to the requirement of a certificate under section 65B of the Indian Evidence Act).
- This provision has now been revised to state that the admissibility of an electronic record is subject to section 63.
Criticism of the Bill:
Experts have flagged that the three revised Bills present a missed opportunity to rectify extensive overcriminalisation and wider police powers that aggravate state control.
- The provision of the Bharatiya Nagarik Suraksha (Second) Sanhita, 2023, which permits police custody beyond the initial 15 days of arrest endangers civil liberties.
- The massive expansion of the possible duration of police custody in the BNSS strikes at the very heart of civil liberties protection.
- The BNSS expands the maximum limit of police custody under general criminal law from 15 days to either 60 days or 90 days (depending on the nature of the offence).
- Under current law, police custody is limited to the first 15 days of arrest.
- The expansion under the proposed BNSS heightens the risk of exposure to police excesses.
- Given widely acknowledged concerns about the safety of arrested persons in police custody, and the heightened risk of coerced and fabricated evidence after prolonged detention, this provision of the BNSS is a shocking expansion of police powers.
In a creative interpretation of Article 200, the Chief Justice of India’s recent judgment has also protected the entire constitutional system from the depredations of Governors (The Hindu)
- 20 Dec 2023
Why is it in the News?
CJI Chandrachud creatively interprets Article 200 in a landmark ruling on the Governor's role in bill assent, State of Punjab vs Principal Secretary, November 10, 2023.
Context:
- On November 10, 2023, the Chief Justice of India (CJI) delivered a significant judgment in the case of State of Punjab vs Principal Secretary to the Governor of Punjab, offering an interpretation of Article 200 of the Indian Constitution.
- The focal point was the first provision of Article 200, addressing a Governor's choices when presented with a Bill for assent following its passage by the State Legislature.
Article 200 Of The Indian Constitution:
- Article 200 of the Indian Constitution delineates four possible actions for a Governor when a legislature-passed Bill is submitted for assent.
- These actions include:
- Give his assent
- Withhold his assent
- Return the bill for reconsideration
- Reserve the bill for the President’s consideration (In instances where the bill introduced in the state legislature endangers the position of the state High Court.)
- If the legislature reapproves the Bill with or wthout any amendment, the Governor must grant assent.
- Alternatively, the Governor may reserve the Bill for the President's consideration, and the President then decides whether to grant or withhold assent under Article 201.
- Notably, no specific timeframe is specified for the President's decision on the Bill.
Perspectives on the Discretionary and Absolute Nature of the Governor's Power:
- Most of the commentators of the Constitution, like D.D. Basu and others, have held the view that the Governor’s power to withhold assent under this Article has a finality about it, and once assent is withheld, the Bill dies a natural death.
- They were also of the view that the option of sending the Bill back to the Assembly for reconsideration under the first proviso is discretionary and not mandatory.
Interpretation of Article 200 Pronounced by the CJI:
- The recent interpretation of Article 200 by the Chief Justice of India (CJI) introduces a distinct viewpoint.
- Unlike the traditional understanding, the CJI associates the act of withholding assent with mandatory reconsideration.
- This interpretation challenges the presumption of the Governor's absolute authority to withhold assent.
- According to the CJI's judgment, the Governor's decision to withhold assent is coupled with the obligation to promptly return the Bill to the Assembly for an immediate reevaluation.
- In this context, the judgment asserts that, once the Governor chooses to withhold assent, the sole recourse is to send the Bill back to the Assembly for swift reconsideration, leaving the Governor with no alternative but to eventually grant assent.
- This nuanced interpretation aligns with the imperative of ensuring a deliberate and obligatory reconsideration process when the Governor opts to withhold assent to a legislative Bill.
The Importance of the CJI’s Interpretation:
- Preserving Legislative Rights: This ruling, coupled with the Chief Justice of India's approach, safeguards the legislature's authority in the law-making process, preventing potential misuse by appointed Governors and upholding the constitutional system.
- Evolution in Understanding Governor’s Powers: The CJI's interpretation signifies a progression in comprehending the Governor's powers, underlining the necessity for continual assessment and refinement of constitutional interpretations.
- Enhanced Clarity in Article 200: The Supreme Court of India has unequivocally stated that Governors cannot delay the decision on the Bills.
- Consequently, the top court's verdict has brought increased clarity to Article 200, compelling Governors to promptly decide on presented Bills.
Issues Still Regarding the Governor's Power:
- Reservation of Bills for President's Consideration: A potential area for exploitation by Governors remains in reserving Bills for the President's consideration, providing an absolute option.
- The critical query pertains to the types of Bills Governors can forward to the President, with the second provision of Article 200 specifying Bills that must mandatorily be reserved.
- These are Bills that deviate from the powers of the High Court, jeopardizing its constitutionally designated role.
- Lack of Categorization for Bills: The Constitution lacks a reference to specific categories of Bills for the President's consideration.
- Consequently, Governors may seemingly exercise discretion in sending any Bill to the President.
- Recent instances, such as in Kerala, where the Governor withheld action on eight Bills for over two years, or in Tamil Nadu, where Bills were sent to the President against the Constitution after reconsideration by the Assembly, highlight the absence of clear categorization.
- Ambiguities in Governor's Actions: The Constitution's ambiguity allows Governors to act in ways that may contradict its provisions, as seen in instances where Bills were sent to the President against the Constitution's mandate.
- Such actions place the fate of Bills in the hands of Union government officials, raising concerns about the potential misuse of gubernatorial discretion.
Evaluation of Constitutional Aspects Regarding Governor's Authority in Reserving Bills:
- Constitutional Framework: In the current political context, there arises a significant inquiry into a Governor's discretion in reserving Bills for the President's consideration, a matter not explicitly addressed in the Constitution.
- Implicit References: Two constitutional provisions indirectly touch upon this issue—Article 213 deals with ordinance-making powers and Article 254(2) concerning State laws in the Concurrent List.
- Article 213 empowers Governors to issue ordinances with presidential instructions when deeming it necessary to reserve a Bill's provisions.
- This implies a requirement for Governors to exercise judgment within the constitutional framework.
- The use of "deemed it necessary" suggests that Governors are expected to follow constitutional principles rather than acting arbitrarily in deciding to reserve Bills.
- Article 254(2) states that State laws on Concurrent List items prevail with presidential assent, even if conflict with existing central laws.
- It indicates that a Bill on a Concurrent subject requires presidential assent only if it contradicts central laws; it does not mandate sending every such Bill to the President.
- Presidential Jurisdiction and Governor's Duty on State Subjects: In the federal legislative structure, the President lacks authority to scrutinize and assent to Bills exclusively related to State subjects, underscoring the Governor's constitutional responsibility.
- Sending a Bill on State matters to the President might be viewed as an abdication of the Governor's constitutional duty, given that State List subjects are beyond the President's purview.
Conclusion
The absence of explicit provisions raises constitutional uncertainties concerning a Governor's discretionary authority in reserving Bills for the President. As constitutional interpretations evolve, there's a demand for clarity on the scope of a Governor's discretion in reserving Bills, aligning with federal principles and legislative autonomy. It's crucial to note that a Governor is not personally accountable for government actions, and the constitutional validity of a law falls within the court's jurisdiction, beyond the influence of the Governor or President.
PM Modi is in Varanasi to participate in the Viksit Bharat Sankalp Yatra events, and inaugurate the second edition of the Kashi Tamil Sangamams (Indian Express)
- 18 Dec 2023
Why is it in the News?
PM Modi recently participated in the Viksit Bharat Sankalp Yatra events and inaugurated the second edition of Kashi Tamil Sangamam in Varanasi.
What is Viksit Bharat Sankalp Yatra?
- The Viksit Bharat Sankalp Yatra is a government initiative being undertaken across the country, to raise awareness about and track the implementation of flagship central schemes, such as Ayushman Bharat, Ujjwala Yojana, PM Suraksha Bima, PM SVANidhi, etc.
- On the occasion of the Janjatiya Gaurav Divas, marking the birth anniversary of tribal icon Birsa Munda, Prime Minister Modi flagged off the Viksit Bharat Sankalp Yatra from Khunti, Jharkhand.
- It has four aims:
- Reach out to the vulnerable who are eligible under various schemes but have not availed of benefits so far.
- Dissemination of information and generating awareness about schemes.
- Interaction with beneficiaries of government schemes through their personal stories/ experience sharing; and
- Enrolment of potential beneficiaries through details ascertained during the Yatra.
- The program involves various Union ministries and state governments.
- In a short span of one month, the Yatra has reached over 2.50 crore citizens across 68,000 Gram Panchayats, with nearly 2 crore individuals taking the Viksit Bharat Sankalp.
What is Kashi Tamil Sangamam?
- Kashi Tamil Sangamam celebrates many aspects of the historical and civilisational connection between South and North India.
- Aligned with the National Education Policy 2020, which emphasizes cultivating a modern yet culturally rooted mindset, the policy encourages the fusion of traditional Indian Knowledge Systems with contemporary knowledge.
- This integration has yielded enriching outcomes, such as incorporating Yoga and Ayurveda into modern medicine, employing technology for traditional crafts, blending ancient Vaastushilpa with modern archaeology, and creatively interpreting classical Raagas.
- Recognizing the value of rediscovering and integrating ancient knowledge into modern thinking, the month-long Kashi-Tamil Sangamam has been initiated.
- This endeavour promotes direct interaction among scholars, experts, and practitioners from diverse fields, fostering the exchange of expertise and best practices.
About Kashi-Tamil Sangamam:
- An initiative by the Government of India under the "Azadi ka Amrit Mahotsav" and in line with the "Ek Bharat Shreshta Bharat" spirit, Kashi-Tamil Sangamam underscores unity amid the cultural diversity of states and Union Territories.
- The program aims to celebrate, reaffirm, and rediscover the enduring connections between Tamil Nadu and Kashi, two ancient seats of learning.
- This initiative provides a platform for individuals from various walks of life, including scholars, students, and philosophers, from both regions to converge, share their knowledge, culture, and best practices, and learn from each other's experiences.
- IIT Madras and BHU serve as the implementing agencies for the program.
- Following the inaugural edition in 2022, this year's Kashi-Tamil Sangamam is scheduled to take place from December 17 to December 31.
Cultural Significance:
- In the 15th century, King Parakrama Pandya, the ruler of the Madurai region, aspired to construct a temple dedicated to Lord Shiva.
- To fulfil this vision, he embarked on a journey to Kashi (Uttar Pradesh) to acquire a lingam.
- During his return journey, he paused to rest under a tree.
- To his surprise, when he attempted to resume the journey, the cow carrying the lingam steadfastly refused to move.
- Recognizing this as a divine sign, Parakrama Pandya chose to install the lingam at that very spot, giving rise to what is now known as Sivakasi in Tamil Nadu.
- For those unable to make the pilgrimage to Kashi, the Pandyas thoughtfully erected the Kasi Viswanathar Temple in present-day Tenkasi, situated in the southwestern part of Tamil Nadu near the state's border with Kerala.
What is the reason for choosing Tamil Nadu and Kashi?
- Despite their geographical separation, Kashi and Tamil Nadu share profound and vibrant historical connections that have endured through the centuries.
- Renowned as embodiments of Indian culture, these regions have been revered by many for their cultural richness.
- Historically, seekers of knowledge from various places, including Kashi, Prayagraj, Ayodhya, and Gorakhpur, in the north, and Kanchipuram, Puducherry, Madurai, Thanjavur, Rameshwaram, Srirangam, Kanyakumari, Thoothukudi, Tirunelveli, and the Tamraparani River in the south, have been drawn to these regions as significant knowledge hubs.
- The ancient ties between these two knowledge centres are evident in various aspects of life, including recurring themes in literature and the presence of the name "Kashi" in numerous villages in Tamil Nadu.
- Notably, Saint Kumaragurupara from Tamil Nadu showcased audacity in negotiating with the Sultanate of Kashi, even bringing a lion to his courtyard to reclaim Kedarghat and secure a site for the consecration of the Vishweshwara Lingam.
- His literary contribution, "Kashi Kalambakam," is a grammatical composition of poems on Kashi.
- King Adhiveera Rama Pandiyan of the Pandya Dynasty, after a pilgrimage to Kashi, dedicated a Shiva Temple in Tenkasi, Tamil Nadu, and composed "Kashi Kandam," a Skanda Purana in Tamil poetic verses.
- Exploring and rediscovering the profound links between these two centres promises to yield essential knowledge in both intellectual and practical domains.
78 Opposition MPs suspended, most ever in a day: Why this happened, what Parliament rules say (Indian Express)
- 19 Dec 2023
Why is it in the News?
In a major escalation of tensions between the Opposition and the government, 78 MPs were suspended from both Houses of Parliament on Monday, taking the total number of suspended MPs in this session to 92, both figures unprecedented in the history of the Indian Parliament. Opposition leaders termed it a “murder of democracy.”
Why were the MPs suspended?
- The MPs in both Houses were suspended for disrupting Parliamentary proceedings while protesting the December 13 Parliament security breach.
- 78 Opposition MPs were suspended from both Houses of Parliament on Monday, taking the total number of parliamentarians suspended during the ongoing Winter Session to 92.
- Of the 78 Opposition MPs, 33 were suspended from Lok Sabha and 45 from Rajya Sabha, marking the highest number of suspensions in a day.
- This comes just days after 14 Opposition lawmakers were suspended from Parliament for similar reasons.
- The suspension of 78 Opposition MPs in a single day has overtaken the previous such instance of large-scale suspension of MPs in 1989 when 63 MPs had been suspended.
Why do MPs Disrupt Parliament?
- There is an old tradition, irrespective of which party or alliance is in opposition, of MPs causing a ruckus inside Parliament.
- “Over the years, four broad reasons have been identified for disorder in legislatures.
- the lack of time available to MPs for raising important matters
- the unresponsive attitude of the government and retaliatory posture by Treasury benches
- deliberate disruption by parties for political or publicity purposes, and
- the absence of prompt action against MPs disrupting Parliamentary proceedings.
- Over the decades, the say the Opposition has in deciding the Parliamentary calendar has been reducing.
- Not only does the Government set the agenda in Parliament and decide how much time will be dedicated to any issue, but Parliamentary procedure also prioritises government business over other matters.
- Parliament has not updated its rules over the last 70 years in this regard.
- All parties have disrupted Parliament — and their view on disruptions has been determined almost always by whether they are in power or not.
Who Can Suspend the MPs?
- The Presiding Officer — the Speaker of LS and Chairman of RS — plays a major role in meting out suspensions.
- In Lok Sabha, the Speaker acts in accordance with Rules 373, 374, and 374A of the Rules of Procedure and Conduct of Business.
- In Rajya Sabha, the Chairman acts as per Rules 255 and 256 of the Rules.
- The procedure in both Houses is largely similar.
Under what circumstances can MPs be suspended from Lok Sabha?
- Rule Number 373, as outlined in the Rules of Procedure and Conduct of Business, grants the Speaker the authority to promptly instruct a Member to withdraw from the House if their conduct is deemed grossly disorderly.
- Any Member ordered to withdraw must comply immediately and remain absent for the remainder of the day's sitting.
- Rule Number 374 empowers the Speaker to name a Member who persistently and willfully obstructs the business of the House or disregards the authority of the Chair.
- Once named, the Speaker, upon a motion being made, shall expeditiously put forth the question of suspending the Member from the service of the House for a duration not exceeding the remainder of the session.
- It is necessary for a Member suspended under this rule to leave the House premises immediately.
What are the rules for suspending MPs from the Rajya Sabha?
- In Rajya Sabha, the suspension of members is regulated by Rule 256.
- Unlike Lok Sabha, the Chairperson of Rajya Sabha lacks the authority to unilaterally suspend a member.
- Instead, suspension can only occur through a motion presented to the House.
- Rule 256(2) specifies that the Chair, upon naming a member, initiates a motion to suspend the said member for the duration of the remaining session.
- While the Chair lacks the power to independently suspend a member, they retain the authority to instruct the member to leave the House, as stipulated by Rule 255.
- This rule empowers the Chairman to direct the immediate withdrawal of any member whose conduct is deemed grossly disorderly, with the member obliged to absent themselves for the remainder of the day's meeting.
While these rules have mostly remained unchanged since 1952, in 2001, the Lok Sabha further empowered the Speaker to deal with “grave and disorderly conduct.” As per the new rule (Rule 374A), an MP “named” by the Speaker shall automatically stand suspended for a period of five days or the remaining part of the session. This rule removes the need for the House to pass a motion for suspension. Notably, the Rajya Sabha has not incorporated this provision in its procedures.
How Long Can MPs Be Suspended?
- Mild offences are punished by admonition or reprimand, with the latter being the more serious of the two punishments.
- After this comes the punishment of “withdrawal.”
- As per Rule Number 373 in Lok Sabha’s Rules of Procedure and Conduct of Business: “The Speaker, if he is of the opinion that the conduct of any Member is grossly disorderly, may direct such Member to withdraw immediately from the House, and any Member so ordered to withdraw shall do so forthwith and shall remain absent during the remainder of the day’s sitting.”
- However, continuing to disregard the Presiding Officer’s directions can invite the punishment of suspension.
- A member can be suspended, at the maximum, for the remainder of the session only.
- Moreover, the House, at any point in time, can reinstate a suspended member by passing a motion.
- In cases of extreme misconduct, the House may expel a member “to rid the House of persons who are unfit for membership.”
Is Suspending MPs Common Practice?
- While it is a strong step, it is not uncommon. However, the number of suspensions has gone up over the last few years.
- At least 149 suspensions have been meted out, both Houses included, since 2019, compared with at least 81 in 2014-19, and at least 36 in 2009-14.
- “In most cases, disorders in the House arise out of a sense of frustration felt by members due to lack of opportunities to make his point or clear his chest of grievances of the people that move him or out of the heat of the moment.
- “What is more difficult to tackle is planned parliamentary offences and deliberate disturbances for publicity or for political motives.
- In many ways, it falls on the Presiding Officer to maintain a crucial balance in the House.
Conclusion
While maintaining the essential enforcement of the Speaker's supreme authority for the smooth conduct of parliamentary proceedings, it is imperative to underscore that the Speaker's role is primarily centred around managing the House rather than asserting dominance over it. A viable solution, therefore, needs to be devised with a focus on long-term sustainability, adherence to democratic values, and alignment with the dynamic and evolving context of India.
Beyond Jammu and Kashmir: Why many states in India enjoy special provisions (Indian Express)
- 16 Dec 2023
Why is it in the News?
On December 12, 2023, a unanimous decision by a 5:0 majority of Supreme Court judges clarified that Article 370 of the Indian Constitution is a facet of asymmetric federalism and does not imply internal sovereignty.
What is Asymmetric Federalism?
- Asymmetric federalism involves the uneven distribution of powers and relationships within the political, administrative, and fiscal domains among the federal units comprising a federation.
- This asymmetry can manifest in both vertical (between the center and states) and horizontal (among the states) dimensions.
- It can arise not only from constitutional provisions but also from the practical implementation of administrative, political, and fiscal systems within a federation.
- India's founding fathers acknowledged the importance of a diverse governance model that respects the unique cultural differences across the nation, allowing for a blend of self-rule within the framework of shared governance.
Why is it stated that India practices Asymmetric Federalism?
- India's administrative structure comprises the Centre and the States as primary forms of administrative units.
- However, additional forms exist, each designed to cater to specific local, historical, and geographical contexts.
- In addition to the Centre and the States, India features Union Territories with a legislature, as well as Union Territories without a legislature.
- Notably, territories like Puducherry and Delhi possess legislatures, while others under the Centre lack legislatures or a ministerial council for advisory purposes.
- Even among territories with legislatures, distinctions arise.
- Puducherry holds legislative powers over matters in the State List or Concurrent List applicable to the Union Territory.
- In contrast, Delhi, with a similar scope, has exceptions in three areas: police, land, and public order are beyond its jurisdiction.
- However, Parliament retains overriding powers over laws enacted by the Assembly in Union Territories.
- Much like the non-identical powers of the Centre and the States, variations exist in the relationships between certain States and other constituent units of the Indian Union and the Centre.
- This introduces a noticeable asymmetry in the functioning of India's federal system.
What is Article 370 of the Indian Constitution?
- The most prominent illustration of asymmetry in Centre-State relations was evident in the special status enjoyed by Jammu and Kashmir until August 6, 2019, when the President announced the cessation of its special privileges.
- Under Article 370, the State had the authority to maintain its separate Constitution, establish its criteria for 'permanent residents,' restrict outsiders from owning property, and have the prerogative to not automatically apply any Indian law to its territory.
- Specific approval by its Assembly was required for the operation of Indian laws.
- Jammu and Kashmir had the autonomy to formulate its Penal and Criminal Procedure Codes.
- The President had the authority to notify, at intervals, the constitutional provisions that could be extended to the State, with or without modifications.
Is Jammu and Kashmir the only state to enjoy special powers under the constitution?
- No, its not the only Indian state to enjoy such special provisions — 11 other states still continue to do as per the Indian Constitution.
- The Part XXI of the Constitution consists of articles on Temporary, Transitional and Special Provisions of some states, other than Jammu and Kashmir.
- In the Part, apart from Article 370, there are also Articles 371, 371A, 371B, 371C, 371D, 371E, 371F, 371G, 371H, 371I, and 371J – which provide special provisions to Maharashtra, Gujarat, Andhra Pradesh, Karnataka, Goa and six of the seven sister states of North East India — Nagaland, Assam, Manipur, Sikkim, Mizoram, Arunachal Pradesh.
- However, Article 371I and Article 371E which deal with Goa and Andhra Pradesh respectively, do not offer any such special provisions to the state – and stand out from the rest.
- Articles 370 and 371 have been the part of Indian Constitution since it came into force on January 26, 1950.
- But Articles 371 A- I was incorporated later through various amendments under Article 368, which is described as the “power of Parliament to amend the Constitution and procedure therefor”.
The states and the Articles under which they enjoy special provisions:
- Maharashtra and Gujarat (Article 371): The Governor of Maharastra has a special responsibility to establish “separate development boards” for regions like Vidarbha and Marathwada, in Maharashtra; while Gujarat has the power to do so in Saurashtra and Kutch.
- This was done to ensure “equitable allocation of funds for developmental expenditure over the said areas”, and “equitable arrangement providing adequate facilities for technical education and vocational training, and adequate employment opportunities” under the state government.
- Nagaland (Article 371A): In Nagaland, the Indian Parliament cannot legislate in matters of Naga religion or social practices, Naga customary law and procedure, administration of civil and criminal justice involving decisions according to Naga customary law, and ownership and transfer of land and its resources, without the state Legislative Assembly’s nod.
- These provisions were included in the Constitution after a 16-point agreement between the Centre and the Naga People’s Convention in 1960, which led to the creation of Nagaland in 1963.
- It also gives the Governor a special responsibility for law and order situations in Nagaland, especially in case of internal disturbances occurring in the Naga Hills-Tuensang Area.
- Also, there is a provision for a 35-member Regional Council for Tuensang district, which elects the Tuensang members in the Assembly.
- A member from the Tuensang district is Minister for Tuensang Affairs.
- Assam (Article 371B): Quite like Nagaland, The President of India may provide for the constitution and functions of a committee of the state Legislative Assembly consisting of members elected from the tribal areas of the state.
- Manipur (Article 371C): Similar to Assam here as well, the President may provide for the constitution and functions of a committee of elected members from the Hill areas of the state in the Assembly for the modifications to be made in the rules of business of the Government.
- It also entrusts “special responsibility” to the Governor to ensure its proper functioning, and report to the President every year regarding the administration of the Hill Areas of the State.
- Andhra Pradesh (Article 371D, 371E): The President of India must ensure “equitable opportunities and facilities for the people” or ensure reservation in the matter of government jobs, education and other schemes by the state government.
- The President also has power for direct recruitment to posts in any local cadre of the state government, and admissions in any university or educational institution in the state.
- He is also entrusted for setting up an administrative tribunal outside the jurisdiction of the High Court to deal with issues of appointment, allotment or promotion in state civil services.
- Article 371E allows the establishment of a Central University in Andhra Pradesh by a law of Parliament.
- Sikkim (Article 371F): The Article gives Sikkim to hold a Legislative Assembly of minimum 30 members, notwithstanding anything this the Constitution.
- These members shall elect the representative of Sikkim in the Indian Parliament.
- To protect the rights and interests of various sections of the population of Sikkim, Parliament may provide for the number of seats in the Assembly, which may be filled only by candidates from those sections.
- The Governor of the state also has “special responsibility for peace and for an equitable arrangement for ensuring the social and economic advancement of different sections of the population”.
- It also states that any existing laws in Sikkim during its formation shall continue, and any adaptation or modification shall not be questioned in any court.
- Mizoram (Article 371G): According to the Article, the Legislative Assembly of AP should not contain less than 40 members.
- Apart from that, similar to Nagaland in Mizoram as well the Parliament can not make laws on “religious or social practices of the Mizos, Mizo customary law and procedure, administration of civil and criminal justice involving decisions according to Mizo customary law, ownership and transfer of land” unless the state Assembly decides to do so.
- Arunachal Pradesh (Article 371H): This article vests the Governor with special responsibility for law and order of the state, but he will have to consult the Council of Ministers in the state before exercising his individual judgment.
- However, if a matter arises where the Governor is required to act in the exercise of his individual judgment, then it should be considered as final and “shall not be called in question.”
- Karnataka (Article 371J): Article 371J allows the establishment of a separate development board for the backward districts in the Hyderabad-Karnataka region — similar to the provisions made for Maharashtra and Gujarat.
- This board will have to report to the state Assembly every year.
- It also ensures reservation for people of this region, in government jobs and education.
That many of these unapproved or banned FDCs contain antibiotics is cause for concern given the growing antibacterial microbial resistance in India (The Hindu)
- 09 Dec 2023
Why is it in the News?
A group of academics from India, Qatar and the United Kingdom recently published a worrying new study in the Journal of Pharmaceutical Policy and Practice on the volume of unapproved and even banned fixed dose combinations (FDC) of antibiotics being sold in India.
News Summary:
- In the Journal of Pharmaceutical Policy and Practice, a group of academics from India, Qatar, and the United Kingdom recently released a concerning new study on the amount of antibiotics that are being sold in India that are not allowed or even prohibited as fixed dosage combinations (FDCs).
- The analysis, which makes use of pharmaceutical industry sales data, shows that in 2020, 60.5% of FDCs containing antibiotics (or 239 formulations) were unapproved, and another 9.9% containing 39 formulations were being distributed in the nation even though they were prohibited.
- The fact that antibiotics are present in so many of these illicit or prohibited FDCs is concerning given the rising incidence of antimicrobial microbial resistance (AMR) in India.
What are the Fixed Dose Combinations (FDCs) Drugs?
- FDCs are combinations of one or more known drugs and can be useful in treating some diseases since the combination can improve patient compliance.
- For instance, if a patient has to take three different medications for a particular treatment, she may forget to take one.
- But if all three medications are combined into one tablet or one syrup, the chance of her forgetting to take one or two of the drugs is reduced.
- For diseases such as AIDS, it is well documented that FDCs have proven to be very useful in improving patient compliance, which at the end of the day improves treatment outcomes.
Concerns with FDCs Drugs?
- Making FDCs is not an easy job, even though most consist of drugs with known safety and efficacy profiles.
- All drugs have side effects. When formulated together, there is a possibility that the active ingredient or excipients (inactive ingredients) may affect how each drug functions.
- For example, the drugs may interact in a way to reduce the therapeutic efficacy of each active ingredient, or, worse, the drugs may interact with each other to create a more toxic element, often called metabolites.
- This is why all FDCs must go through a scientifically designed approval process where such interactions can be evaluated.
Advantages of Fixed Dose Combinations:
- FDCs increase patient adherence, streamline treatment, and optimize the advantages of the combined therapeutic actions of the two medications.
- Treatment for infectious diseases: A significant portion of India's population is afflicted with infectious diseases.
- FDCs are very helpful in the treatment of infectious disorders when it is customary to administer numerous antimicrobial drugs, such as HIV, malaria, and tuberculosis.
- Additionally useful in chronic diseases, FDCs are especially beneficial when co-occurring disorders are common.
- Affordability and accessibility: FDCs have particular benefits over single entity preparations, including improved efficacy, a lower likelihood of side effects, potentially lower costs, and easier distribution logistics that are pertinent to resource-constrained scenarios like those in India.
Challenges Associated with Fixed-Dose Combinations (FDCs):
- Increased Risk of Side Effects: Combining multiple active ingredients in FDC drugs heightens the risk of adverse drug interactions and increases susceptibility to side effects.
- Patients may exhibit heightened sensitivity or allergic reactions to specific components, posing challenges in identification and management due to the fixed combination.
- For instance, a single FDC drug containing Paracetamol, Bromhexine, Phenylephrine, Chlorpheniramine, and Guaiphenesin may elevate the risk of side effects like drowsiness, dizziness, and increased blood pressure.
- Regulatory Challenges: Regulating FDC drugs prove challenging due to the complexities associated with evaluating the safety and efficacy of multiple active ingredients in a single formulation.
- Maintaining quality control and standardization for FDC drugs becomes more demanding compared to single-component medications.
- Overuse and Misuse: FDC drugs can contribute to the overuse and misuse of medications.
- Patients might unknowingly consume multiple active ingredients unnecessarily or in inappropriate combinations, leading to potential health risks.
- Lack of Evidence-based Clinical Data: Approval of some FDC drugs may be based on limited or insufficient clinical evidence supporting their efficacy and safety profiles.
- The absence of robust scientific data raises concerns about the appropriateness and reliability of FDC drugs for specific medical conditions.
Why are FDCs banned in India?
- Patients may not need that many drugs; thus, they are subjected to additional side effects.
- Some drug doses have to be individualized based on the patient's condition.
- This is not possible when using FDCs.
- Some companies have been selling FDCs in India under this pretext without consulting the central government, as seen with the cefixime-azithromycin combination, which has already been banned.
- These non-essential FDCs, therefore, do more harm than good by encouraging irrational and indiscriminate prescribing of multiple drugs than necessary.
Some Examples of (Banned Fixed-Dose Combination) Drugs in India:
- Fixed dose combination of Aceclofenac + Paracetamol + Rabeprazole
- Fixed dose combination of Nimesulide + Diclofenac
- Fixed dose combination of Nimesulide + Cetirizine + Caffeine
How is the Pharmaceutical Industry Exploiting Loopholes in India's Legal Framework?
- Pharmaceutical companies in India use these FDCs to escape liability under multiple laws without much concern for public health.
- One such law is the Drugs (Prices Control) Order (DPCO), under which the government fixes the prices of individual drugs.
- Since drug combinations were traditionally not covered under the DPCO, the pharmaceutical industry decided that making FDCs provided an easy way to escape the remit of the DPCO.
- Motivated solely by market-driven pragmatism rather than a commitment to public health, the Indian pharmaceutical industry introduced an extensive array of FDCs lacking any discernible medical rationale.
- For example, anti-inflammatory drugs were combined with vitamins, anti-histamines were combined with anti-diarrhoeal agents, penicillin was combined with sulphonamides, and vitamins were combined with analgesics.
- These were combinations not found in any other country.
The pharmaceutical industry benefited in two ways.
- Firstly, the wide range of FDCs in the market meant no standards were set by bodies like the Indian Pharmacopoeia Commission, shielding manufacturers from quality testing and potential legal consequences.
- Essentially, the pharmaceutical industry could dictate its testing standards when FDCs were sampled for government testing.
- Second, the FDC approach provides companies with a justification for higher drug prices. For instance, if multiple companies sell azithromycin individually, they must compete and lower prices.
- However, combining it with another drug in an FDC allows them to market it as a unique solution, justifying higher prices until competitors introduce similar products.
- This system rewards pseudo-innovation rather than true medical breakthroughs, allowing dubious FDCs to command elevated prices, supported by doctors who may presume regulatory oversight.
Is there any Regulatory Framework Addressing the Issue of FDCs?
- The FDC problem has been on the regulatory radar since 1978 when the first government committee studied the issue and admitted that we had a problem on our hands.
- At the time, there was no system under the colonial-era Drugs and Cosmetics Act, 1940 to vet drugs for safety and efficacy before their sale in India.
- This meant that each State drug controller could hand out manufacturing licences for any drug formulation and there was little that the central government could do to stop their sale.
- In 1982, Parliament changed the law to give the central government the power to “prohibit” the manufacture of specific drugs that lack therapeutic value or justification.
- Later in 1988, the central government amended the rules to introduce a new requirement for manufacturers of all “new drugs”, including FDCs, to submit proof of safety and efficacy to the Drugs Controller General of India (DCGI) who heads the Central Drugs Standard Control Organization (CDSCO).
- These amendments also made it clear that State drug controllers could not grant “manufacturing licences” for “new drugs” that are not approved for safety and efficacy by the DCGI.
Is Unabated Licensing Undermining FDC Regulation in India?
- Despite clear legal provisions, State drug controllers continue to overlook regulations, issuing manufacturing licenses for Fixed-Dose Combinations (FDCs) not approved by the DCGI with impunity.
- Manufacturers selling these unapproved FDCs technically expose themselves to prosecution by the Central government for violating the law.
- Rather than pursuing criminal prosecutions, the Ministry of Health is engaged in a reactive approach, frequently utilizing its powers under Section 26A to prohibit the manufacturing of specific FDCs.
- Since 1983, 444 orders have been issued under this provision, primarily targeting FDCs. Many of these orders have become entangled in intricate legal disputes, with inconsistent court decisions further complicating the regulatory landscape.
Conclusion
The fact that these academics have discovered 239 unapproved FDCs being sold in 2020 in just one category of FDCs more than 42 years after the problem was first flagged is an astonishing indictment of the incompetence of the drug regulatory framework in India. As they point out in their paper, unregulated FDCs may end up contributing to the AMR problem in India. The Ministry of Health needs to take immediate action.