Author: Access Account

Secularism is a principle that advocates the separation of religion from politics and governance. It seeks to
establish a society where religious institutions and state institutions are independent of each other.

India As A Secular State

1. Constitutional Guarantee of Secularism:
   a. Equality before Law: All citizens, irrespective of their religion, are treated equally before the law (Article
   14).
   b. Articles 25-28 guarantee freedom of religion, allowing individuals to practice, profess, and propagate
   their faith freely.
   c. Religious and linguistic minorities have the right to preserve their culture and establish educational
   institutions (Article 30).
2. Pluralistic Society with Equal Religious Representation: India’s inclusive secularism celebrates diverse religious festivals, exemplifying Rajeev Bhargava’s idea of “equal respect for all religions,” unlike the Western
   model of strict separation.
3. Judicial Interventions Upholding Secularism – SC in S.R. Bommai Judgment has held Secularism as a Basic
   Feature of the Constitution
4. Positive Model of Secularism
   a. India’s secularism permits personal laws for different religious communities, enabling autonomy in
   marriage, divorce, and inheritance. Eg- Muslim Personal Law.
   b. State Support for Religious and Cultural Practices: Eg. subsidies for the Hajj pilgrimage for Muslims,
   financial support for Hindu pilgrimages, and Sikh langars.

Dilution Of Secularism In India

1. Communal Violence and Polarisation: NCRB Report (2021) recorded more than 5,000 cases of communal
   riots between 2017 and 2021. Eg. The Nuh violence in Haryana in 2023.
2. Use of hate speech and narrative of “us vs them” during election campaigns has contributed to religious
   polarization, with leaders making divisive statements to appeal to specific communities.
3. Mob Lynching and Vigilantism: Incidents of mob lynching, especially targeting minority communities under
   the guise of cow protection or other religious sentiments, have risen. Eg. Recently a man beaten in train
   for carrying beef, sadhu lynching in palghar.
4. Social exclusion based on religious identity – Eg. A 2021 Pew Research Center report found 64% of Indians identify as “Hindus first” rather than “Indians first,” illustrating the rise of religious nationalism. Eg- boycott on Muslim vendors in temple fairs in Karnataka (2022).
5. Challenges in Implementing Secular Principles: A 2019 Lokniti-CSDS survey found significant opposition to the Uniform Civil Code: 55% of Muslims, 54% of Christians, and 40% of Hindus, highlighting the challenge of achieving consensus on secular reforms.

Comparison Of Secular Provisions Between Indian And Us Constitution

Similarities

1. Constitutional Enshrinement: U.S. Constitution’s First Amendment prohibits Congress from establishing
   a religion, while India’s 42nd Amendment explicitly includes “secular” in Preamble, affirming the state’s
   neutrality towards all religions.
2. Freedom of Religion: U.S. First Amendment guarantees free exercise of religion, paralleling Articles 25-28
   of the Indian Constitution, which protect individuals’ rights to profess, practice, and propagate their faith
   without state interference.
3. Judiciary’s Role: Landmark cases like Engel v. Vitale (1962) in U.S. and S. R Bommai case in India ensured
   judicial protection of these principles.

Secularism and Harmony is not “political fashion” but it is “perfect passion” for India and Indians. Thus, Upholding secular values, fostering interfaith dialogue, and promoting inclusive policies are crucial for maintaining a pluralistic society and strengthening the fabric of Indian democracy.

The Supreme Court has defined Public Interest Litigation (PIL) as “a legal action initiated in a court of law for the enforcement of public interest or general interest in which the public or a class of the community have pecuniary interest or some interest by which their legal rights or liabilities are affected.” As per SC observer Data, on an average, the Court receives 26,379 PILs every year.

Reasons for growth of PIL in India 

1. Relaxation of Locus Standi in Hussainara Khatoon v. State of Bihar (1979), which focused on the inhuman conditions of under-trial prisoners, laid the foundation for broader access to justice.
2. Judicial Activism: Judges like P.N. Bhagwati and V.R. Krishna Iyer promoted PILs as a vehicle for ensuring fundamental rights as enshrined under Article 32 and way to address grievances related to social and economic injustice. 
3. Access to Justice: PILs made it easier for marginalized and disadvantaged sections of society to approach the courts.
4. Societal Concerns: Issues such as environmental degradation, human rights violations, and corruption became areas where citizens could seek judicial intervention, pushing PIL cases to the forefront. Eg- MC Mehta Case
5. Media Attention: Media coverage of PIL cases has increased public awareness, making the judiciary a platform for addressing wide-ranging societal problems.
6. Executive and Legislative Inaction: PILs grew due to perceived inefficiencies or failures of the executive and legislative branches in addressing important social and political issues. Eg- PIL on Paper Leak

Supreme Court as the World’s Most Powerful Judiciary 

Arguments in Favor:

1.  Upendra Baxi, opines PIL has transformed Indian judiciary into an “institution of governance,” taking on functions traditionally vested in the executive and legislative branches.
2. Judicial Activism: Through Public Interest Litigations (PILs), the Indian Supreme Court has actively addressed key social and political issues, such as the right to privacy (Puttaswamy judgment) and environmental protections. 
3. Expansive Interpretation of Rights: It has broadened the interpretation of fundamental rights under Article 21, impacting areas like health, education, and environmental rights.
4. Judicial Review: The Court exercises powerful judicial review, overturning executive and legislative decisions. Eg- NJAC Judgment
5. Intervention in Policy Matters: The Court has played a direct role in governance by issuing landmark judgments on policy issues like environmental regulations (Taj Mahal pollution case) and human rights (Vishakha guidelines for sexual harassment).
6. Suo Motu Powers: The Supreme Court can take cognizance of cases on its own, further extending its reach and influence.

Argument Against

1. Overreach: The Court’s decision to interfere in policy issues like setting the height of the Sardar Vallabhbhai Patel statue drew criticism for stepping into areas best left to the executive.
2. Inefficiency and Delays: As of 2023, the Indian judiciary had a backlog of over 4.7 crore cases, including in the Supreme Court, leading to delays in delivering justice.
3. Inconsistent Decision-Making: In cases like Sabarimala Temple Entry (2018), where religious rights were pitted against gender equality, the Court’s rulings led to divided public opinion and later contradictions, illustrating inconsistency.
4. Criticism of Policy Interference: The Supreme Court’s intervention in BCCI reforms (Lodha Committee case) raised concerns that it was overstepping into the domain of sports administration, traditionally a non-judicial area.
5. Lack of implementation of court verdicts hinder the successful implementation of PIL.

Way Forward

1. Striking a balance between legitimate cases and frivolous cases: Scrutiny panel or special PIL cells can be set up for scrutiny at first stage.
2. Provision of strict punishment for frivolous PILs.
3. Court should be fully satisfied that substantial public interest is involved before entertaining the petition.

Justice P.N. Bhagwati thus cautioned that PIL must not degenerate into “publicity or private interest litigation”. By striking balance between ensuring access to justice and preventing misuse, PIL can become crucial tool for upholding the rule of law and protecting the rights of marginalized and vulnerable citizens..

“Indian Union is a unitary state with subsidiary federal features rather than a federal state with subsidiary unitary features.”  – K.C. Wheare. 

Centre-State relations in India are governed by constitutional provisions outlined in Articles 245 to 263, which detail legislative, administrative, and financial relations. 

Changes introduced by union government in the domain of centre-state relations 

1. GST Compensation Extension: The government extended the compensation cess for states under the Goods and Services Tax (GST) system to support state finances post-pandemic.
2. Changes in Financial Relations: Recommendations of 15th Finance Commission were implemented, with a focus on reducing the share of states in central taxes, which some states perceived as diminishing their fiscal autonomy.
3. Strengthening role of NITI Aayog in facilitating cooperative federalism and collaborative decision-making between the Centre and States. Eg: NITI Aayog has conducted workshops with State governments to develop tailored strategies for achieving SDGs.
4. National Education Policy (NEP) 2020 sets national framework for education. However, Some states expressed concerns over uniform national policy that may not consider regional and linguistic diversity, thereby affecting state autonomy in framing educational policies.
5. Disaster Response Funds: Enhanced flexibility given to states in using the SDRF for specific local disasters, post the COVID-19 pandemic.
6. Greater Centralization of powers – Epidemic Diseases Act and Essential Commodities Act dueing COVID
7. River Water Disputes Amendment Bill (2019): This bill aims to streamline the adjudication process for interstate river disputes, empowering the Centre to establish a Dispute Resolution Committee and reducing the time frame for resolution.

Issues

Measures To Build Trust Between Centre And State And Strengthening Federalism.

1. Strengthening Inter-State Council with Regular meetings and enhanced powers can facilitate dialogue and resolve disputes, promoting cooperative federalism. Eg: The revival of the Inter-State Council in 2016 after a decade showed potential for proactive issue resolution.
2. Impartial Role of Governors – Eg: Recommendations from the Sarkaria and Punchhi Commissions to ensure Governors are not seen as central agents.
3. State Involvement in National Policies especially those impacting concurrent and state lists, ensures policies reflect regional needs. Eg: Joint committees for policy areas like agriculture and education to ensure state-specific concerns are addressed.
4. Punchhi commission recommended binding consent of state during central legislations from concurrent list.
5. Cooperative Federalism Projects: Initiatives like Ek Bharat Shreshtha Bharat encourage cultural and educational exchanges between states and centre and particular state, helpful in building trust.
6. Judicial Precedents on Federal Balance: Upholding S.R. Bommai vs Union of India judgment, reinforces state sovereignty and safeguards against arbitrary central dominance.

As B. R. Ambedkar rightly said, “Federalism is critical for the unity of India; it accommodates the country’s diversity and allows states to flourish within the national framework.” 

In K. S. Puttaswamy Judgment, the nine Judge Bench in this case unanimously reaffirmed the right to privacy as a fundamental right under Article 21 of the Constitution of India. The judgment overturned previous rulings such as the MP Sharma and Kharak Singh cases, which had rejected privacy as a fundamental right. Privacy includes bodily integrity, informational privacy, and personal autonomy.

Right to privacy as intrinsic to life and personal liberty

1. Basic Fundamental Right– Article 12 of the UDHR and Article 17 of the ICCPR provide legal protection to persons against ‘arbitrary interference’ with one’s privacy, family, correspondence, home, reputation, and honour.
2. As Justice D.Y. Chandrachud noted, “Privacy is essential to the exercise of individual freedoms, and allowing people to make personal choices without fear of external judgment or coercion.
3. Protection from Arbitrary State Action and ensures accountability in governance. Eg- invalidation of Section 66A of IT Act.
4. Test for Privacy Infringement: Any restriction on the right to privacy must meet the threefold test established by the Court:
   1. Legality: There must be a law justifying the interference.
   2. Legitimate Aim: The law should promote a legitimate state interest.
   3. Proportionality: The interference must be proportional to the need to achieve the objective.
5. Impact on Laws: The ruling influenced the formulation of data protection laws, leading to the development of the Personal Data Protection Bill and shaping the debate on issues like the Aadhaar program.

Dna Testing Law And Right To Privacy-

Legal Framework for DNA Testing

1. The Medical Termination of Pregnancy Act, 1971: regulates abortion in India and includes provisions for DNA testing in the context of prenatal diagnosis.
2. The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994: regulates the use of DNA testing for genetic disorders, ensuring that such tests are conducted ethically and legally.
3. The Indian Evidence Act, 1872: Section 45,112 of this act allows for the admissibility of expert opinions, including DNA testing results, in legal proceedings
4. DNA Technology Regulation Bill
5. Guidelines from the Indian Council of Medical Research (ICMR)

Justification for providing DNA testing 

1. Legal Clarity: DNA testing provides accurate scientific evidence to establish paternity, which can resolve legal disputes related to inheritance, custody, or support claims.
2. Judicial Rulings on Paternity Testing: Courts have increasingly used DNA testing in paternity disputes. Eg. in Dipanwita Roy vs. Ronobroto Roy (2014)
3. Child’s Right to Know and Identity: The Supreme Court upheld a child’s right to know their parentage under Article 21. 
4. Ensuring Fair Justice: DNA testing can help in delivering justice in cases of adultery, marital disputes, or allegations of paternity fraud
5. Preventing Misuse: Regulating DNA testing helps prevent sex-selective abortions and discrimination, promoting the rights and equality of unborn children.

Ethical Concerns in Fetal DNA Testing

1. Informed Consent: The mother’s consent must be voluntary, without coercion, with full disclosure of risks to both mother and child.
2. Intrusion into Bodily Autonomy: Forcing a woman to undergo DNA testing during pregnancy may infringe on her bodily autonomy and decision-making rights over medical procedures.
3. Social Stigma: In certain cultural contexts, paternity testing may expose sensitive family matters, leading to social stigma for the mother, child, or family.
4. Potential Harm: Invasive tests like amniocentesis or CVS carry risks to the fetus and should only be used when necessary, with non-invasive methods preferred.
5. Privacy and Data Protection: DNA data must be securely handled to protect both mother and child, preventing misuse that could lead to future stigmatization or discrimination.

In Bhabani Prasad Jena vs. Orissa State Commission for Women (2010), the court emphasized the need to balance DNA testing with personal dignity and privacy, especially regarding pregnant women.

The recent NEET-UG 2024 exam paper leak has put the question mark on integrity of examination system in India. The Public Examinations (Prevention of Unfair Means) Act, 2024 , which was passed by the Indian Parliament to “to curb paper leaks, malpractices, as well as organised malpractices in recruitment examinations like UPSC, SSC etc and entrance tests such as NEET, JEE and CUET.

Aims and Objectives of the Act:

1. Ensuring Examination Integrity: To maintain the fairness of public examinations by curbing malpractices such as cheating and impersonation.
2. Strengthening Accountability: To ensure that candidates, examination staff, and invigilators are held accountable for maintaining examination standards.
3. Deterring Unfair Practices: To establish strict legal consequences to deter individuals and organized groups from engaging in malpractice. Eg. vyapam scam, CBSE paper leak in 2018
4. Promoting Meritocracy: To safeguard the merit-based system, ensuring only deserving candidates succeed in public examinations.
5. Restoring Public Trust: To enhance public confidence in the examination process by ensuring transparency and fairness.

Provisions in the Act:

1. Defining Unfair Means:

1. Leaking question papers or answer keys
2. Assisting candidates during exams (unauthorized communication, providing solutions)
3. Tampering with computer networks or resources
4. Impersonating candidates
5. Conducting fake examinations or issuing fake documents
6. Tampering with documents for merit lists or ranks

2. Criminalisation of Cheating: Engaging in unfair means such as impersonation, leaking exam papers, or using unauthorized devices is considered a criminal offense with penalties including fines and imprisonment.
3. Penalties and Punishments:

1. Individuals:
   1. Imprisonment ranges from 3 to 10 years depending on the offense’s severity
   2. Fines up to Rs. 1 crore for organized crimes
2. Service providers:
   1. Fines up to Rs. 1 crore for involvement in malpractices
   2. Barring from conducting public examinations for 4 years
   3. Personal liability for directors/management involved
3. Organized crimes:
   1. Harsher penalties, with imprisonment between 5 and 10 years and a minimum fine of Rs. 1 crore
   2. The institution involved can face property attachment and forfeiture
4. Additional Measures:

1. Establishing specialized courts for speedy trial of offenses
2. Promoting public awareness about the bill and its implications.
3. Empowering Authorities:

1. Conduct surprise checks at exam centers and seize electronic devices if suspected foul play
2. Blacklist service providers found guilty of malpractices
3. Share information and coordinate across agencies to effectively tackle organized cheating

Challenges in implementation

1. Implementation Across Diverse Regions: The scale, availability, and capacity of resources, infrastructures, and officials as well as coordination among them may impact the measures required by the Act.
2. Technological Infrastructure: smaller examining bodies and institutions can experience difficulties in implementing such enhanced registration and verification methods as biometrics and central controls.
3. Resistance to Change: stakeholders involved in the examination activities may not accept change brought by the Act from the traditional examination practices. 

Coverage of the Act:

1. Public Examinations: The Act applies to central and state public examinations, including those for recruitment, professional licenses, and government jobs.
2. University and State Education Board Examinations: The Act covers university exams and state education board exams, ensuring fairness in both higher and secondary education assessments.
3. Competitive Examinations: Major national-level exams like UPSC, SSC, and state public service commissions are within the purview of the Act.
4. Private Examination Centres: Examination centres, whether state-run or private, operating under public examination guidelines, are subject to the provisions of the Act.
5. Digital and Online Examinations: Online exams, vulnerable to hacking or unauthorised access, are also included to prevent digital forms of cheating.

Cambridge International Examinations (CIE)They employed advanced scanning technology to detect unauthorized materials and utilized data analytics to identify cheating patterns. CIE also provided training resources for teachers to design integrity-focused assessments.

The Public Examination (Prevention of Unfair Means) Act, 2024, is crucial in preserving the fairness of public exams by combating malpractice. As Martin Luther King Jr. said,”Intelligence plus character—that is the goal of true education,” emphasizing the importance of integrity alongside academic success.

“India and Central Asia are bound together by a shared history, culture, and mutual interest in peace and development.” – PM Modi

Diplomatic Engagement Between India And Central Asia

1. India and CARs share cultural and historical connections that date back to the Silk Road and Mughal era. Since gaining independence in the early 1990s, India has made it a priority to establish robust diplomatic relations with these countries.
2. Institutional frameworks like the India-Central Asia Dialogue facilitate engagement on political and strategic matters, concentrating on regional security, trade, and developmental collaboration.
3. Bilateral Visits and Agreements: High-level exchanges, such as Indian PM’s visit to all five Central Asian nations in 2015.
4. Cultural Diplomacy: The Indian Council for Cultural Relations (ICCR) actively promotes Indian culture in CARs.

Economic Relationship Between India And Central Asia

• Trade Relations: Bilateral trade accounting for merely $3 billion in 2023. Key exports include pharmaceuticals, machinery, and tea, while imports are predominantly uranium and cotton.
  • 
• Investment Initiatives: Exemplified by ONGC Videsh’s investments in Kazakhstan’s oil fields.
• Connectivity Projects: The INSTC and the development of the Chabahar Port in Iran are pivotal in enhancing connectivity between India and Central Asia
• Energy Cooperation: Symbolized by its pursuit of energy projects such as TAPI pipeline

Strategic Relations

1. Security and Counterterrorism Cooperation: Engagement through platforms like Shanghai Cooperation Organization (SCO) helps address security threats related to terrorism, extremism, and drug trafficking.
2. Balancing Regional Powers: India’s presence in the CARs counters the influence of China and Russia, enhancing its geopolitical standing through diversified strategies, particularly soft power initiatives such as education and cultural exchange.

Increasing Significance of Central Asian Republics in Regional and Global Geopolitics

1. Energy Security: CARs, particularly Turkmenistan, Kazakhstan, and Uzbekistan, are vital for global energy security due to their rich nuclear, natural gas and oil reserves, attracting interest from regional powers like Russia, China, and Europe.
2. Geopolitical Importance in Eurasia
   1. Strategic Location at the crossroads of Eurasia, CARs are crucial for major trade and energy corridors, including the Ashgabat Agreement, Belt and Road Initiative (BRI) and the International North-South Transport Corridor (INSTC).
   2. Great Power Competition: The region serves as a battleground for influence among Russia, China, and the U.S. China’s BRI enhances its economic foothold, while Russia maintains security ties through the CSTO. India aims to balance this competition while preserving its strategic autonomy.
3. Security Concerns due to Afghanistan’s Stability: Central Asia’s security is closely linked to Afghanistan, which poses risks of terrorism, drug trafficking, and refugee flows. 
4. Multilateral Cooperation: SCO and Regional Stability: As a member of the SCO, India plays a role in promoting regional stability and addressing transnational issues like extremism and border security, which are critical for both India and the CARs.

Challenges In India-Central Asia Relations that need to be addressed 

1. Geographical Limitations: Central Asian Republics (CARs) are landlocked,hostile neighbors like Pakistan and China limiting India’s direct connectivity.
2. Chinese Influence: Over the past two decades, China has significantly strengthened its presence in CARs, with trade and investment flourishing, making India’s outreach more challenging.
3. The Taliban’s control over Afghanistan raises security concerns, complicating India’s efforts to secure its interests in the region and engage with CARs.
4. Low Trade Volume: Trade between India and CARs stands at around $2 billion, starkly contrasting with China’s trade, which amounts to approximately $100 billion, indicating a need for stronger commercial ties.

As per Ambassador Ashok Sajjanhar, “Central Asian Republics constitute the extended neighborhood of India. Security, stability and prosperity of this region is intimately linked with that of India and world ultimately.”

As the economic and geo-political center of gravity of the world has shifted towards the indo-Pacific,

India has emerged as an ideal ‘swing state’, especially pursued by the west to counter China.

India As An Alternative To Reduce Dependence On China’s Supply Chain

1. Expanding Manufacturing Base: Companies like Apple and Samsung are ramping up production in India, reducing reliance on China’s manufacturing hubs.
2. Strengthening Supply Chain Resilience: The Supply Chain Resilience Initiative (SCRI) with Japan and Australia helps build secure, diversified supply chains outside of China.
3. Revising Trade Privileges: Renegotiations under the Generalized System of Preferences (GSP) enhance India’s export potential to Western markets, directly competing with Chinese products.

India Being A Strategic Ally To Counter China’s Political And Economic Dominance

1. Indo-Pacific Strategy: NATO’s support for India’s role in the Indo-Pacific strengthens its position in maritime security, providing a counterbalance to China’s growing influence in the region.
2. Multilateral Influence: India’s growing role in the Quad and BRICS enables it to assert influence on regional policies, effectively countering China’s dominance in global platforms​.
3. Military Modernization: India’s procurement of advanced defense systems from the US, Israel, and France strengthens its military capabilities, particularly along its contested borders with China.
4. Naval Cooperation: The Malabar Naval Exercises with the Quad nations (US, Japan, and Australia) significantly enhance India’s naval capabilities and strategic presence along key maritime routes, countering China’s assertiveness.
5. India’s diplomatic support from the UN and G7 summits during its border disputes with China highlights strong Western backing, reinforcing India’s global standing and regional influence.
6. Defense Technology: The BECA agreement with the US improves India’s access to advanced defense technologies, giving it a crucial edge in surveillance and targeting capabilities against China.
7. Tech Collaboration: The Indo-US Artificial Intelligence Initiative promotes joint technological development, reducing India’s reliance on Chinese technology while boosting its innovation capacity in key sectors.

VALUE ADDITION Emerging global dominance of china China’s Supply Chain Control GloballyManufacturing Hub: China accounts for 28% of global manufacturing output Eg. It produces 70% of the world’s smartphones.Belt and Road Initiative (BRI)   It involves over 140 countries and is projected to invest around $1 trillion to enhance trade connectivity across Asia, Europe, and Africa.China’s Political and Economic DominanceEconomic Growth: second-largest economy with a GDP of approximately $17 trillion, maintained an average growth rate of about 6% over the past decade.Geopolitical Influence: China is a permanent member of UNSC and plays a dominant role in international organizations like NSG,SCO,G20 and BRICS.

As S. Jaishankar noted, while economics and demographics will bring India and the West closer, “the real difference would be made by politics and values.” For this partnership to thrive, both must align their worldviews and deepen collaboration to create a balanced global order.

As per OSCE, the Doctrine of Democratic Governance is a system of government where institutions function according to democratic processes and norms, both internally and in their interaction with other institutions.

Importance of public perception of integrity and commitment of civil servants

Integrity:

1. Transparency: Eg- Ashok Khemka, an IAS officer, is known for his transparency, especially during his whistleblowing on land scams in Haryana.
2. Accountability: Integrity ensures accountability, as seen in Kiran Bedi’s tenure as Director General of Tihar Jail, where she introduced reforms that improved conditions and ensured greater transparency.
3. Fairness: Eg- T.N. Seshan, former Chief Election Commissioner, enforced electoral laws with strict impartiality, boosting public confidence in the electoral system.
4. Encouragement of Participation: During COVID-19, IAS Iqbal Singh Chahal with his Dharavi model, engaging communities in awareness campaigns showcased commitment, leading to higher public participation in health measures.

Commitment:

1. Responsiveness: Eg- Durga Shakti Nagpal, an IAS officer, took a strong stand against illegal sand mining in Uttar Pradesh, showcasing her commitment to enforcing the law.
2. Effectiveness and Efficiency: E. Sreedharan, known as the “Metro Man,” exemplified commitment by ensuring the timely and efficient completion of the Delhi Metro project, enhancing public perception of governance.
3. Rule of Law: Sanjukta Parashar, an IPS officer in Assam, is known her active role in combating insurgency.
4. Inclusiveness: Armstrong Pame, an IAS officer in Manipur, built a 100 km road connecting remote villages without government funds
5. Trust Building: Eg. IPS Atul Kulkarni started bharosa cell as grievance redressal platform for women and transgenders.

Challenges

Way forward

Corruption: Corruption scandals can significantly tarnish civil servants’ images, thereby tarnishing image of whole administration. Bureaucratic Red Tape: Excessive bureaucratic procedures can frustrate citizens, leading to negative perceptions. Bureaucrats are often seen as unapproachable, diminishing trust. Political Interference: Civil servants face challenges due to political interference, affecting their ability to act impartially. Instances of pressure to act against principles lead to skepticism about commitment. Media Scrutiny: Negative media portrayals can shape public perception unfairly. Civil servants vilified in the media despite acting in public interest create narratives undermining their integrity.

360-degree appraisal: Replacing lower-level interviews with multi-stakeholder feedback (MSF) performance evaluations. Insulating Civil Servants from Political Interference, establishing a civil service posting and transfer board, Professionalisation with Stability of Tenure & Competition Building a Citizen-Centric Administration: In 2004, the Hota Committee suggested using ICT for effective and accountable service delivery Outcome-Oriented – Model Code of Governance to compare governance standards. Clear guidelines should be formulated for Mission Karmayogi which enshrines rule to role based governance.

“Every civil servant of India should help the countrymen in making their dreams come true,”PM Narendra Modi. With this vision,there is a critical need for positive public perception of civil servants to ensure effective democratic governance. 

United Nations defines poverty as “a state in which an individual or group lacks the financial resources to meet their basic needs for a minimum standard of living.” WHO defines malnutrition as “the condition that results from eating a diet in which one or more nutrients are either not enough or too much, causing health problems.

 

How Poverty and Malnutrition Create a Vicious Cycle:

1. Economic Barriers to Nutrition: Low-income households often lack access to nutritious food due to financial constraints, exacerbating malnutrition. 
2. Impacts of Malnutrition on Poverty: Eg. ASER reports show higher dropout rates and lower literacy levels among malnourished children in India.
3. Healthcare Costs of Malnutrition: Eg. Malnutrition-related diseases increase healthcare expenditure, limiting resources for other essentials like education.
4. High Child Mortality: 68.2% of death of children below five years old are caused by malnutrition.
5. Educational Limitations Due to Cognitive Delays: Eg. The ASER report indicates that malnourished children are more likely to drop out of school.
6. Productivity Loss and Economic Growth: Eg. The World Bank estimates that malnutrition costs between 5% and 11% of GDP in regions like Africa and Asia.
7. Social Exclusion: Malnourished individuals are often socially excluded due to their reduced economic and social contributions, further deepening poverty.
8. Intergenerational Transfer of Poverty: Malnourished parents are less able to provide for their children, who then grow up in poverty, continuing the cycle.

Steps to Break the Cycle:

1. Innovative PDS reforms like distributing e-food coupons similar to e-Rupi as experimented in Assam, home delivery of ration material and PDS reforms in accordance with recommendations of Shanta Kumar Committee will help reduce both poverty and hunger problem.
2. Nutrition Programs: Strengthen schemes like POSHAN Abhiyaan and the Mid-Day Meal Scheme to ensure access to nutritious food, especially for children and pregnant women. Eg. Tamil Nadu has introduced Breakfast in  Mid-Day Meal 
3. Women Empowerment: Eg. Kerala’s Kudumbashree program empowers women, enhancing their role in family health and economic decision-making.
4. Economic Empowerment: Expand livelihood programs like MGNREGA to provide stable incomes, improving access to food and healthcare.
5. Community Nutrition Education: Educating communities on proper nutrition and food safety can help address malnutrition at the grassroots level. Brazil’s Fome Zero (Zero Hunger) program has successfully reduced hunger through community-driven nutrition education.

Brazil’s Bolsa Família Programfinancial aid to low-income families, conditional on their children attending school and getting regular health check-ups, including vaccinations.Stunting reduced by 13%, Extreme poverty dropped by 15%.

As Mark Winne states, “We cannot end hunger unless we end poverty.” Thus, Only by sustained efforts can we regain progress towards goals of Zero poverty(SDG-1) and Zero Hunger(SDG -2).

 

A public charitable trust is a legal entity (established under the Indian Trusts Act of 1882) that serves the public by carrying out charitable activities. They are created to pool resources and assets to achieve philanthropic goals. Eg-  Tata Trusts, Azim Premji Foundation,etc. 

Public Charitable Trusts and Their Role in Inclusive Development in India

1. Poverty Reduction – Eg- Tata Trusts’ Lakhpati Kisan Initiative in Jharkhand aims to create sustainable livelihoods by empowering tribal farmers with improved agricultural practices
2. Educational Enhancement: Eg. scholarships by Dhirubhai Ambani Foundation .
3. Healthcare Accessibility: Eg. telemedicine services by Piramal Swasthya initiative  in Assam have delivered over 5 million consultations.
4. Empowerment Through Skill Development – Eg- The Self-Employed Women’s Association (SEWA) has uplifted over 1.5 million women by providing vocational training and access to financial services.
5. Infrastructure Development – Eg- The Infosys Foundation focuses on building infrastructure such as schools, hospitals, and sanitation facilities in rural areas. 
6. Complementing Government Efforts: Charitable trusts assist in implementing government schemes, such as Swachh Bharat, by providing water, sanitation, and health services in rural areas.
7. Social Inclusion- Eg-  The Aga Khan Rural Support Programme (AKRSP) works in tribal regions of Gujarat, promoting social inclusion through watershed management and livelihoods for marginalized communities.
8. Environmental Sustainability – The Sundarban Social Development Centre in West Bengal works on mangrove restoration and eco-friendly livelihoods, supporting 10,000 families while preserving the environment.
9. Leveraging CSR for Development: Eg- Azim Premji Foundation signed pact with karnataka government to provide eggs in mid day meals.

Case Study: Bill and Melinda Gates Foundationthe Avahan Program to combat HIV/AIDS succeeded in reducing the spread of the disease, reaching over 300,000 high-risk individuals with prevention measures.

Issues with public charitable trust in india

1. Misuse of Funds: In 2020, the Pandit Deendayal Upadhyay Smriti Manch faced scrutiny after the Delhi High Court flagged irregularities in fund usage, with donations being misappropriated for non-charitable purposes.
2. Governance Issues: The Tata Trusts were involved in a legal dispute with the Income Tax Department over misuse of tax exemptions.
3. Lack of Accountability: In 2021, the Gandhi Smarak Nidhi Trust faced criticism for lack of transparency and ineffective program implementation, raising concerns about accountability.
4. Impact Measurement Challenges: McKinsey’s India Impact Evaluation Report 2020 revealed that only 12% of public charitable trusts have mechanisms to track long-term social outcomes effectively.
5. Dominant top-down approach: Development programs driven by donors often impose a top-down approach, where external organizations dictate priorities and goals instead of considering local needs and perspectives.
6. External interference: Relying heavily on donor funding diminishes the ability to negotiate and involve communities due to the conditions imposed by donors.
7. Dependency Theory: Dependency theory suggests that international aid, including that provided by donor agencies, can create a cycle of dependency among recipient nations. The aid leads to reliance on foreign funds rather than fostering domestic growth and self-sufficiency.

Way forward

1. Monitoring: There should be better coordination between Ministries of Home Affairs and Finance in terms of monitoring and regulating illicit and unaccounted funds. 
2. Streamlined Registration Process: Simplify and standardize the registration process for charitable trusts across states to reduce bureaucratic hurdles. This can encourage more organizations to formalize their operations.
3. Capacity Building and Training: Provide training programs and resources for trustees and staff of charitable trusts to enhance their governance skills, financial management, and operational efficiency.

“Public charitable trusts and NGOs are crucial pillars of democracy. They fill the gap between government actions and societal needs, ensuring more inclusive development.” – Amartya Sen.

The 73rd and 74th Constitutional Amendments established the framework for Panchayati Raj and urban local bodies, promoting inclusive development and addressing local issues effectively.

Role of local bodies in providing good governance at local level 

1. Decentralisation and Self-Governance: bringing governance closer to citizens and enhancing democratic participation in decision-making affecting daily lives. Eg-  Gram Sabhas 
2. Rule of Law: Local bodies enforce regulations such as building codes, sanitation rules, and land use policies. Eg- municipalities taking action against illegal encroachments.
3. Responsiveness: Local bodies respond quickly to local issues such as waste management. Eg-  the Indore Municipal Corporation swiftly implemented waste segregation policies, earning Indore the title of the cleanest city in India.
4.  Consensus-Oriented: Eg- Village Development Plans (VDPs) involve consultations with local communities to align projects with their needs, promoting consensus.
5. Equity and Inclusiveness: Programs like Pradhan Mantri Awas Yojana (PMAY), implemented by local bodies, aim to provide affordable housing to the economically weaker sections, ensuring social equity.
6. Effectiveness and Efficiency: Eg- as per World Bank, decentralisation and local governance through PRIs reduced corruption and leakages in public welfare schemes by about 15-20%.
7. Accountability: Eg- social audits of MGNREGA (Mahatma Gandhi National Rural Employment Guarantee Act).

Challenges

1. Financial – Panchayats in India generate only 1% of their revenue through local taxes. The majority of their income, approximately 95%, comes from grants by the central and state governments.
2. Parastatal Agencies: State-run bodies like urban development authorities and public corporations often take over key functions, limiting the autonomy of local bodies. Eg- Delhi Jal Board
3. Improper Devolution of Functions: Many states have not fully devolved powers to local governments, leaving them with restricted control over important governance functions.
4. Proxy Representation – Corporator pati/Mayor Pati syndrome/ Sarpanch Pati syndrome
5. Lack of Staff:  local bodies face a severe shortage of skilled personnel, hindering their ability to perform assigned functions. As of 2022, about 35% of municipal corporation posts remain unfilled, affecting service delivery and governance.

Pros And Cons Of Merging Rural Local Bodies With Urban Local Bodies 

Pros

Cons

Rural areas will benefit from improved infrastructure from urban areas like roads, water, education, etc., aligning them with urban development standards Integrated Development Strategy: Eg. transportation networks can be designed to seamlessly connect urban centers with surrounding rural areas, improving accessibility. Administrative Cost Reduction: By consolidating services, merging can lead to a decrease in administrative overhead and  streamlining of operations. Unified development and governance: the merger will bring rural areas under governance frameworks of urban local bodies, enabling implementation of master plans, development control regulations and economic growth strategies, fostering better planning and sustainable development. Already ongoing policies and frameworks like District planning committee, Rurban mission have their essence in merger of rural and urban policy and developmental needs.

Increased taxation: rural areas fears enhanced taxation, as urban bodies levy higher charges than village adding financial burdens on residents. Strain on municipal resources: ULBs already struggling with limited funds and manpower resources, making it difficult to provide efficient and timely services to merged areas. Political resistance from both side: village leadership will be wary of losing their influence, while existing councilors in urban areas might resist diverting funds or staff at expense of their constituencies. Local Needs Overlook: The unique needs and priorities of rural communities may be overshadowed by urban concerns, leading to inadequate attention to rural development issues. Skewed Resource Distribution: There’s a risk that resources may still be unevenly distributed, favoring urban areas due to their larger populations and political influence, thereby perpetuating existing inequalities. Identity and Heritage Erosion: Rural communities may fear losing their unique identities and cultural heritage in a merged governance system, as urban priorities may overshadow traditional practices.

Way forward

1. Instead of directly merging rural bodies with urban ones, create independent municipal councils in peri-urban areas, improve infrastructure and governance, then merge with larger municipalities.
2. Revitalize gram sabhas and ward committees through inclusive discussions and use of social media to facilitate member communication.

Drawing from Gandhian Swarajya, any merger must ensure local self-governance and empowerment, where both rural and urban needs are addressed without compromising the essence of decentralization.

CAG is a constitutional body under article 148 that ensures Executive accountability in India. It audit the receipts and expenditures of the Central Government, State Governments, and other bodies that receive funding from the Government. B.R Ambedkar called CAG as most important office in Constitution of India.

Role of CAG ensuring legality of expenditure 

1. Article 149: CAG audits all receipts and expenditures of the Union and States to ensure legality. Eg: In the 2G Spectrum Case (2010), CAG found illegal allocation of licenses without proper procedures.
2. Article 266: Funds from the Consolidated Fund can only be withdrawn with legislative approval. Eg: CAG’s audit of Assam’s finances revealed unauthorized withdrawals from the Consolidated Fund.
3. Article 150: The accounts must be kept in a form prescribed by the President on CAG’s advice. Eg: CAG’s audit of Railway finances found non-compliance with the prescribed format.
4. Section 13 of CAG Act, 1971: Authorizes CAG to audit expenditures to ensure they are legally available for the purpose. Eg: CAG’s audit of MGNREGA funds revealed misuse on non-permitted projects.
5. Article 151: CAG submits audit reports to the President/Governor for presentation in Parliament/State Legislature. Eg: CAG’s report on Commonwealth Games highlighted legal breaches in procurement.

CAG ensuring propriety of expenditure 

1. Section 17 of CAG Act, 1971: Allows CAG to audit the efficiency and propriety of transactions.
   Eg: In the Coal Block Allocation audit, CAG questioned the lack of competitive bidding.
2. Regulation 41: CAG can conduct propriety audits to ensure spending is wise and economical. Eg: CAG’s audit of Mid-Day Meal Scheme found excessive infrastructure spending with little impact.
3. Propriety Audit: CAG examines the fairness and wisdom of expenditures. Eg: In the Debt Waiver Scheme audit, CAG found ineligible beneficiaries receiving waivers.
4. Subsidy/Grant Audits: CAG audits the effective use of government subsidies. Eg: In Ujjwala Yojana, CAG found that many beneficiaries could not afford LPG refills.
5. Transparency in Spending: Eg. audits of projects like the Delhi Metro Rail Corporation are published online, allowing citizens to scrutinize how public funds are utilized. 
6. Safeguarding Public Interest by scrutinizing financial management practices within government entities. Eg. CAG’s audits revealed inefficiencies and mismanagement in Air India.

Issues with CAG

1. Though legal and regulatory audits are compulsory, but proprietary audits are discretionary.                         
2. Paul Appleby criticized role of CAG as auditor by saying it has negative and paralyzing effect on administration.
3. Accounts are audited after actual expenditure is made, a mere post-facto audit.

Adopting a British System where CAG is both Comptroller as well as Auditor General can strengthen role of CAG as  one of the bulwarks of the democratic system of government in India.

The cabinet system is a government in which the real executive power rests with a cabinet of ministers who are collectively responsible to the legislature (Article 75). Parliamentary sovereignty refers to the supremacy of the Parliament in the legislative process.

Marginalization Of Parliamentary Supremacy Due To Cabinet System

• No proper separation of power –  results in abuse of power that leads to arbitrariness.
• Decline of Parliamentary Committees –  The percentage of Bills having been referred to the DRSCs is reduced from 60% during 14th LS to 71% and 27%.
• 
• Lesser time spent on scrutiny- Eg- about 69 percent of the Bills introduced in Parliament were passed in the same session during the 17th Lok Sabha. 
• Delegated Legislation: In V.K.Kunjlengam Case, supreme court noted Increasing reliance on delegated legislation means Parliament, reducing its supremacy in law-making.
• Party Discipline: Parliamentary members are often expected to follow party lines, limiting independent legislative debate. Eg- use of Whip
• Frequent ordinances, now 11 per year as compared to 6 per year prior to 2010, bypasses parliament’s role of law making and accountability over executive.In D.C. Wadhwa vs. State of Bihar, the Supreme Court criticized the repetitive use of ordinances. 
• Government Control over Parliamentary Agenda: The legislative agenda is predominantly set by the cabinet with minimal input from minority parties or independent members restricting diverse viewpoints from being represented in legislative processes.

Role of parliament remains significant

1. Ultimate Legislative Authority: All major laws and budgets require approval from Parliament after due deliberation. 
2. Private Member’s Bills and Debates: Eg-  Transgender Persons (Protection of Rights) Bill
3. Role of Committees: Eg-  Public Accounts Committee (PAC), chaired by the opposition, scrutinized the 2G spectrum case
4. Opposition’s Role in Parliament: Intense debates on policies such as GST illustrate how opposition parties can mobilize public sentiment and challenge government actions effectively.
5. Judicial Oversight: Eg- SC striking down of Section 66A of the IT Act in 2015 (Shreya Singhal case)

Strengthening parliamentary processes is vital for a vibrant Indian democracy. Thus restoring the balance of power between the executive and legislature is essential for effective governance.

Lok Adalats and Arbitration Tribunals are Statutory instruments for alternative dispute resolution that aim to provide speedy and cost-effective resolution of disputes outside of the traditional court system.

 

Difference Between Lok Adalat And Arbitration Tribunals

Aspect	Lokadalat	Arbitration Tribunal
Definition	A forum for resolving disputes through conciliation under the Legal Services Authorities Act, 1987.	A quasi-judicial body established to resolve disputes outside the court system based on an arbitration agreement.
Nature	Conciliatory and informal.	Adversarial and formal, similar to court proceedings.
Authority	Non-judicial, presided over by a judge or a legal expert.	Judicial authority to make binding decisions.
Legal Framework	Governed by the Legal Services Authorities Act, 1987.	Governed by the Arbitration and Conciliation Act, 1996.
Process	Dispute resolution through negotiation, conciliation, and compromise.	Resolution based on the arbitration agreement and arbitral award, with arbitrator(s) acting as a judge.
Types of Cases	Primarily civil cases, including family disputes, land disputes, and some minor criminal cases (compoundable offenses).	Primarily civil matters, especially commercial disputes; no jurisdiction over criminal cases.
Binding Nature	The decisions (settlements) reached are binding and final if both parties agree.	The arbitral award is binding on the parties and enforceable like a court decree.
Cost of Proceedings	No court fee	Parties bear the cost, which can be high due to arbitration fees.
Powers and nature of cases and settlement	They can settle disputes based on compromise, and their decisions are considered as decrees of civil courts.	Commercial disputes, business contracts, and international disputes.Not applicable for criminal or matrimonial disputes.
Appeal Mechanism	Generally, no appeal is allowed if the award is mutually agreed.	Appeals can be filed in courts against arbitral awards under certain circumstances.

Powers In Civil And Criminal Cases 

1. Lok Adalats:
   1. Can entertain civil cases like property disputes, family disputes, land disputes.
   2. Can also take up criminal cases but only compoundable offenses (minor offenses where parties can settle).
2. Arbitration Tribunals:
   1. Only civil cases, typically commercial disputes, can be addressed.
   2. No jurisdiction over criminal matters.

Issue	Way Forward
Lack of Awareness	Sri Krishna Committee suggests including ADR in legal literacy programs.
Judicial Intervention	UNCITRAL Model Law limits judicial interference.Law Commission (246th Report) calls for amending the Arbitration Act to reduce court involvement.
High Costs of Arbitration	NITI Aayog advises promoting institutional arbitration with cost caps.

As ‘Justice delayed is justice denied’. Both Lok Adalats and Arbitration Tribunals need to be strengthened to increase accessibility, affordability and quality of Justice in the spirit of Article 39.

One nation-one election principle, which seeks to synchronize Lok Sabha and state assembly elections, aims to decrease the frequency of elections and streamline the electoral process, thereby improving efficiency and reducing costs.

Electoral reforms as suggested by various committees 

1. On  “one nation – one election”

1. Ram Nath Covind Panel –  suggested 15 amendments including insertion of a new Article 82A and Amendment of Article 327.
2. It was supported by Election Commission in 1983 itself. In 1999, the LCI headed by Justice B. P. Jeevan Reddy also advocated for simultaneous elections.
3. In 2018, the Law Commission of India (LCI)– In 2018, it released a draft report on simultaneous elections and recommended three alternatives to synchronise elections in India.
4. Other Reforms

1. Dinesh Goswami Committee (1990): Recommended limits on election expenses, voter IDs, and transparent political funding.
2. Tarkunde Committee (1975): Suggested proportional representation and state funding of elections.
3. Indrajit Gupta Committee (1998): Advocated for state funding of elections.
4. Vohra Committee (1993): Explored criminalization in politics.

Need for electoral reforms and one nation – one election

1. Reduced financial burden: The 2014 Lok Sabha elections cost ₹3,870 crore, while a single state election like Bihar (2015) cost ₹300 crore. ONOE can reduce costs to ₹4,500 crore overall. (ECI).
2. Reduced use of Money Power – as per report by the Centre for Media Studies, the 2024 election is expected to cost approximately Rs 1,00,000 crore (increased from 6 paise per elector in 1951 to Rs 46 in 2014). Simultaneous elections will lower these costs.
3. Less disruption from MCC: Frequent MCC impositions stall development work for months. Fewer elections will limit MCC duration and expedite governance.
4. Improved administrative efficiency: Eg- over 11 million personnel were deployed in the 2019 elections. Simultaneous elections streamline this effort.
5. Fewer populist measures: Governments announce short-term policies like farm loan waivers (e.g., ₹70,000 crore in 2008-09) during elections. Simultaneous polls would encourage long-term policy-making.
6. Improved social harmony: Simultaneous elections reduce the polarization caused by repetitive campaigns. Eg- communal riots before Delhi Elections
7. Increased voter participation – according to the Law Commission, ONOE will increase voter turnout because it will be more easy for people to cast many ballots at once

Challenges Associated With One Nation One Election:

1. Reduced Accountability: As Per Yogendra Yadav ONOE limits voters’ ability to hold governments accountable regularly, as they get fewer opportunities to express discontent with the ruling party’s performance.
2. By-Elections due to the untimely resignation or death of an elected representative will still be necessary, thus continuing some level of electoral process throughout the year.
3. Dilution of Local Issues: According to research by IDFC Institute, if elections are held simultaneously, there’s a 77% likelihood of voters favoring the same political party or alliance for both state assemblies and the Lok Sabha, national issues could overshadow local concerns.
4. Imbalance of Power: A national party dominating the Lok Sabha elections could also sweep the state assembly elections, resulting in a lack of checks and balances on the ruling regime’s powers.
5. Undermining Federalism by concentrating power at the center. States may lose autonomy and face reduced regional representation.
6. Political Instability: In the era of coalition governments, there could be increased instances of horse-trading and disqualifications of MPs or MLAs, leading to political instability.
7. Constitutional and Legal Hurdles: Eg- Ram Nath Covind panel suggested 15 amendments. There may be issues in generating consensus, potentially delaying its implementation
8. Logistical Challenges such as the availability of electronic voting machines, personnel, and other resources.

Way Forward

1. Cluster State Elections: As suggested by Law Commission – two elections in five years or all elections falling due in a calendar year should be conducted together.
2. Coupling the ‘no-confidence motion’ along with the ‘vote of confidence’ in an alternative government. Eg- Constructive vote of no confidence in Germany
3. Building consensus among political parties and states through open dialogues, consultations, and deliberations

However, since the issue is concerned with the federal structure which is part of Basic Structure of the Constitution (S. R. Bommai Judgment), further scrutiny and analysis of one nation one election is the need of the hour.

“India is, the cradle of the human race, birthplace of human speech, mother of history, the grandmother of legend, & great grandmother of tradition.” – Mark Twain. However, this richness often intersects with socio-economic marginalities, disproportionately impacting certain communities.

Cultural Diversity Intersect With Socio-Economic Marginalities Reinforcing Inequality

1. Caste and Socio-Economic Marginality: Lower castes like SCs and STs face systemic discrimination, limiting access to education, jobs, and land. Eg- 79% of rural SC households rely on manual labour, reflecting their economic disadvantage (SECC 2011).
2. Sociologist M.N.Srinivas in his concept of ‘dominant caste’ noted economic status of various cultural groups reflects historical privileges and disadvantages. Eg. Dominant castes like Brahmins, Jats, Marathas, Reddy, Yadavs, etc historically benefited from better access to education and employment.
3. Tribal Identity and Economic Exclusion: suffer from high poverty and displacement due to development projects. 50% of STs live in multidimensional poverty (MPI 2019). Eg- Bhils in Narmada valley displaced due to Sardar sarovar dam.
4. Religious Diversity and Economic Inequality: The Sachar Committee (2006) reported that Muslims lag behind in most socio-economic indicators.
5. Linguistic Diversity and Regional Inequality: Eg. ASER report noted only 14% of tribal children in grade 3 have comprehension skills.
6. Gender and Intersectionality: Women from marginalised cultural groups (SCs, STs, Muslims) experience double marginalisation due to both gender and socio-cultural identity. Only 11% of ST women complete higher education (NFHS-4), highlighting intersectional disadvantages.
7. Geographic and ethnic factors especially in context of north-eastern states, which are rich cultural diverse region, but experiencing lower socio-economic development. Eg. Ongoing conflict of kuki vs meitei in Manipur.
8. Policy and Governance Challenges: Affirmative action has helped, but elite capture within groups like OBCs leaves the most vulnerable excluded. Eg- Denotified Tribes (DNTs) and other subgroups often do not fully benefit from welfare schemes.

Challenging the Proposition

1. Political Representation: 15% of Parliament seats are reserved for SCs, and 7.5% for STs, enhancing political participation.
2. Religious and Linguistic Minorities Thriving: Eg: Sikhs are one of the wealthiest agricultural communities, and Jains have the highest literacy and income levels in India (Census 2011).
3. Affirmative Action Success: Reservations in education and employment for SCs, STs, and OBCs. SC/ST enrolment in higher education has risen to 21% due to reservation policies (AISHE 2020-21).
4. Economic Liberalisation: Economic reforms have benefited certain sections of marginalised groups, particularly OBCs, in accessing jobs in sectors like IT and services.
5. Development Programs: Government welfare schemes like MGNREGA and PM-KISAN have provided direct support to marginalised communities. Eg- MGNREGA created 309 crore person-days of work in 2022-23.
6. Cultural enrichment: diversity has promoted different avenues such as art,food,tourism and handicrafts. Eg. Red ant chutney of odisha got GI tag.

Way Forward

1. Strengthen Implementation of Affirmative Action –  Sub-categorization of SC and ST as mandated by SC in State of Punjab & Ors. vs Davinder Singh & Ors.
2. Promotion of Local Languages and culture: New Education Policy 2020 has supported the three-language policy.
3. Cultural Integration and Economic Empowerment: Supporting tribal handicrafts in regions like the Northeast and Odisha can create sustainable livelihoods while preserving cultural heritage. 
4. Improving Social Justice Systems: Strengthening the implementation of the Forest Rights Act of 2006 and PESA
5. Fostering Community-Based Development: Eg- Kudumbshree Model of Kerala
6. Enhancing Political Representation: Early implementation of 106th Constitutional Amendment Act.

A a multi-pronged approach with stakeholder participation is need to realise the Trinity of Social, Political and Economic empowerment of Marginalised communities. As PM Modi stated, “The nation is not just land for us, but an inspirational unit,” emphasizing the importance of unity in addressing these disparities.

Globalization describes the growing interdependence of the world’s economies, cultures, and populations, brought about by cross-border trade in goods and services, technology, and flows of investment, people, and information, often led to changes in lifestyle, beliefs, ideologies and economies.

Increased Urban Migration  By Skilled, Young, Unmarried Women From Various Classes Due To Globalization 

1. Economic Opportunities in Urban Areas: According to a NASSCOM report (2021), the Indian IT sector is projected to create over 1.5 million new jobs by 2025, with women constituting about 34% of the workforce in these cities, highlighting the demand for skilled labor.
2. Access to Education and Skill Development: As per All India Survey on Higher Education (AISHE) 2021-2022 which said that female enrolment in Higher Education increased to 2.07 crore in 2021-22 from 1.57 crore in 2014-15 
3. Financial Independence and Personal Freedom: Working in urban tech sectors enables women to achieve financial autonomy. 
4. Social Mobility: Migration provides young women with opportunities for upward social mobility, allowing them to improve their socio-economic status.
5. Breaking Traditional Family Norms: A study by UN Women (2021) found that 60% of urban women prioritize their careers over traditional family expectations.
6. Access to Better Living Standards: According to the National Sample Survey Office (NSSO, 2020), urban areas have seen a 20% increase in access to basic services, contributing to a higher quality of life that attracts young women.

Globalization’s Impact on personal freedoms

Positive

Negative

1. Economic Independence: reducing the pressure of early marriage and childbirth. 2. Breaking Traditional Norms and to explore their personal identities, choose their attire, and build social networks.  3. Freedom in Lifestyle Choices about relationships, career paths, and social activities. 4. Enjoying Fundamental rights like Right to bodily autonomy under Article 21. 5. Professional Growth – Access to better career opportunities and skill development. 6. Changing Attitudes: Eg:The MeToo movement in India has raised awareness and changed workplace policies on harassment. 7. Increase in Live-In Relationships: A 2023 report by the India Today Group found that 18% of urban youth are open to live-in relationships, a significant increase from 5% in 2010.

1. Persistent Glass Ceiling: Women still face significant barriers in employment opportunities. Eg: In 2022, women held only 15% of senior management positions in India. 2. Social Media Challenges: According to NCRB data, crimes against women increased by 15% in 2021. 3. Socio-Cultural Expectations: often relegated to “pink-collar” jobs such as nursing and caregiving. India ranks 135th out of 156 countries in the Gender Gap Index (2022). 4. Mental Health Issues: Among those aged 15-39, suicide has become a leading cause of death, with women accounting for 71% of these cases in this age group.

Globalization’s Impact on familial relationship

Positive

Negative

1. Secularization of Customs: The rising preference for court marriages over traditional big fat Indian weddings. 2. Shift in Familial Expectations – Changing family roles as daughters become breadwinners or key contributors. 3. Assertiveness in Nuclear Families: Women find it easier to assert their rights in nuclear families which has seen a rise due to globalization.  4. Financial support of family increases respect and status. 5. Emotional Maturity: more self-aware and emotionally resilient, enabling them to handle family dynamics with patience and understanding.

1. Diminished Sacredness of Marriage: The divorce rate in India, though still low, has risen, with urban areas like Bangalore reporting a 4.5% divorce rate as per a 2022 study by the Indian Journal of Psychological Medicine. 2. Emotional Distance: Urban migration often leads to less frequent interactions with family members, creating emotional distance.  3. Conflicts Over Independence: Migrant women may face disapproval from family regarding their lifestyle choices, such as working late hours or living independently.  4. Cultural and Generational Gaps: Migrant women may adopt new values and lifestyles that differ from their family’s traditions, leading to misunderstandings and tensions.

As per american philosopher Nancy Fraser, “Globalization has the potential to both liberate and oppress women, depending on the context and the policies that are put in place.”

India’s constitutional vision of equity and social justice, embodied in preamble, Articles 15, 16, and 46, has led to extensive affirmative action policies. However, the gap between policy formulation and ground-level impact remains significant, revealing systemic issues in implementation and societal structures.

Comprehensive Policies For Equity And Social Justice

1. Constitutional Provisions guarantees Fundamental Rights(article 14,15,16,19) and Directive Principles of State Policy(art 46). 
2. Welfare Schemes like the MGNREGA and the National Social Assistance Programme (NSAP). 
3. Social Justice Institutions such as the NCSC, NCST, and the NHRC monitor violations, recommend policy changes, and ensure accountability in protecting human rights.
4. Laws for Protection like Rights Of Persons With Disability Act, Prevention of Atrocities Act, Domestic Violence Act,etc.
5. Educational and Health Reform: The Right to Education (RTE) Act and Ayushman Bharat.
6. Judicial Contributions: Public Interest Litigations (PILs). Eg. Indira Sawhney Case 

Achievements of Equity and Social Justice Policies 

1. Poverty Reduction: As per Multidimensional Poverty Index (2023), India lifted 415 million people out of poverty between 2005-06 and 2019-21.
2. Financial Inclusion: As of 2023, over 500 million Jan Dhan accounts have been opened,and 56% of these accounts belong to women, promoting gender-inclusive growth.
3. Agricultural Growth and Rural Development:

1. Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA): In 2022-23, 309 crore person-days of employment were generated.
2. Pradhan Mantri Kisan Samman Nidhi (PM-KISAN): Under this scheme, farmers receive ₹6,000 annually in three instalments, benefiting 11 crore farmers as of 2023.
3. Ayushman Bharat – Pradhan Mantri Jan Arogya Yojana (PM-JAY): Over 20 crore beneficiaries have been registered, providing free treatment for over 4 crore hospital admissions.

4. Education – The Gross Enrolment Ratio (GER) at the elementary level reached 99.2% in 2022, reflecting near-universal enrolment.
5. Pradhan Mantri Awas Yojana (PMAY): Over 3 crore houses have been constructed under the rural and urban versions of the scheme.
6. Swachh Bharat Mission: Nearly 10 crore toilets were built, significantly improving sanitation access and contributing to the elimination of open defecation.

Why are Underprivileged sections not getting the full benefits of affirmative action

Political Factors

1. Implementation Gaps: Programs like MGNREGA face delays in wage payments, with only 54% of households getting full work in 2022-23.
2. Inconsistent Representation: 14% women representation in Parliament, Pati Panchayat in PRI’s
3. Creamy Layer Effect: Mandal Commission Reported, affluent within disadvantaged groups, like the top 10% of SC/ST beneficiaries, dominate reservation benefits, leaving the most marginalized behind .
4. Intersectionality Neglect: Policies often ignore intersections like Dalit women, who face dual discrimination.
5. Economic Factors

1. Poverty and Resource Access: 30% of SCs and 45% of STs live below the poverty line, limiting access to education and healthcare despite affirmative action.
2. Quality vs. Quantity Debate: Kothari Commission noted Quantitative improvements in education (35% increase in SC/ST enrollment) lack qualitative support, such as skill development.
3. Social Factors:

1. Caste-Based Discrimination: as per NCRB, 50,900 cases of crimes against SCs in 2022 highlight ongoing caste bias.
2. Lack of Awareness: 45% of rural SC/ST beneficiaries are unaware of affirmative action schemes, as per PRS Legislative Research (2021).
3. Technological Factors:

1. Data Deficiency: Absence of caste census data hampers effective policymaking, as highlighted by the Rangarajan Committee Report (2014).
2. Digital Divide: Only 15% of rural households have internet access, limiting SC/ST students’ ability to benefit from online education.
3. Poor Technology Integration: 60% of tribal villages lack banking infrastructure, causing delays in DBT schemes like PM-KISAN, as per NITI Aayog (2022).

5. Weak Law Enforcement: Only 25% of cases under the SC/ST (Prevention of Atrocities) Act result in conviction, per NCRB (2022).
6. Environmental Factors:

1. Geographical Disparities: 60% of tribal villages in the Northeast lack access to secondary education, limiting benefits from affirmative action, per NITI Aayog (2020).
2. Urban Marginalisation: 70% of urban migrant workers lack access to PDS and health benefits, per Aajeevika Bureau (2022).

Way Forward

1. Addressing Creamy Layer and Elite Capture: Introduce income criteria to ensure reservations benefit the economically disadvantaged within categories. 
2. Promoting Social Inclusion and Awareness through initiatives like “Beti Bachao, Beti Padhao”.
3. Implement a socio-educational index that considers educational and socio-economic factors along with caste. The Sachar Committee Report recommended data-driven approaches to better serve marginalized groups.
4. Sub-categorization of SC and ST to advance affirmative action as mandated by SC in State of Punjab & Ors. vs Davinder Singh & Ors.

“The spirit of inclusion pervades every aspect of our social life. Affirmative action must be strengthened as an instrument of inclusion.” – President Droupadi Murmu

Regional disparity refers to the unequal distribution of economic resources, development, and opportunities across different regions within a country. It results in significant differences in income, living standards, infrastructure, and employment levels across areas.

Difference between regional disparity and diversity

Aspect	Regional Disparity	Diversity
Definition	unequal distribution of resources, wealth, and opportunities across different regions of a country. (negative)	existence of varied cultural, linguistic, economic, and social differences within a society or region. (positive)
Basis	Economic: Primarily economic and developmental, focusing on gaps in growth between regions.	Cultural: Rooted in cultural, ethnic, linguistic, and social differences.
Examples in India	The per capita income of the five richest states in India was 338% higher than that of the bottom states in 2017-18.	India has 122 officially recognized languages, but there are more than 19,500 languages and dialects spoken as a mother tongue.
Nature of Issue	Exclusive: Leads to grievances and demands for equitable development and resources, like special category status.	Inclusive: Celebrates coexistence of different identities and is not necessarily viewed as problematic.
Effects	Creates political instability, demand for autonomy, and social unrest in underdeveloped regions.	Enhances cultural richness and plurality, but can also lead to identity-based conflicts if not managed properly.
Solutions	Balanced regional development through schemes like NITI Aayog’s Aspirational Districts Program, and increasing focus on backward regions to reduce disparities.	Promoting inter-cultural understanding, protection of minority languages, and celebrating diversity through national initiatives.

Seriousness of issue of regional disparity in India 

A report titled ‘Relative Economic Performance of Indian States: 1960-61 to 2023-24’ by Economic Advisory Council to the Prime Minister (EAC-PM) has highlighted a significant disparity in the economic performance of Indian states

• The economic divide between northern and southern states – 5 Southern states have emerged as major contributors to India’s GDP, accounting for 30% by March 2024. On the other hand, Uttar Pradesh contributes only 9.5% of GDP and Bihar just 4.3%. 
• Industrial and connectivity Disparity: The Western and Southern regions have strong transport and logistics networks while northeastern states have poor connectivity.  
• Agrarian Crisis in regions like Vidarbha due to inadequate irrigation, lack of access to credit, and market fluctuations, where high rates of farmer suicides are reported, is a stark contrast to the agricultural prosperity found in Western Maharashtra.
• 
• Educational and Health Facilities: Kerala boasts a literacy rate of 96.2% and a Human Development Index (HDI) of 0.79, one of the highest in India. Bihar, on the other hand, has a literacy rate of just 70.9% (Census 2011) and a high infant mortality rate (IMR) of 35 per 1,000 live births (SRS 2020), compared to Kerala’s IMR of 6.
• Insurgencies,demands for autonomy and regional unrest, particularly in states like Nagaland and Manipur, often stem from feelings of neglect and underdevelopment. 
• Migration Issues: The heavy influx of migrants from states like Bihar and Uttar Pradesh to metropolitan cities such as Mumbai reflects economic desperation. Migrants often face precarious living conditions, limited access to services, and employment challenges, which can strain urban resources and infrastructure.

Impact of Regional Disparity

Human Geographist Sucheta Yadav in her article “The Problem of Regional Disparities: An Overview in Indian Context” noted- Regional imbalances lead to various consequences, including agitations for statehood, such as the movements for separate Vidarbha and Bodoland. Migration from backward to developed areas occurs in search of better livelihoods, while social unrest arises from disparities, exemplified by Naxalism. Urbanization causes housing shortages and pollution in metropolitan cities, while rural youth face frustration due to limited job opportunities. Accumulating wealth in developed regions further exacerbates these imbalances, leaving less developed areas behind.

Way forward 

1. Enhance Agricultural Investment, particularly in lagging regions, focusing on water harvesting, soil conservation, rural infrastructure, and high-value crops to stimulate economic growth and reduce disparities. Eg. need for evergreen revolution especially in backward states.
2. Prioritize Service Sector Growth: Promote the banking, insurance, and infrastructure sectors in backward regions, as they are vital for economic acceleration and can create job opportunities.
3. Upgrade Basic Infrastructure such as power, transport, telecommunications, and irrigation in underdeveloped states to enhance the quality of life and attract private investment. Eg. Bharatmala, promotion of renewable energy.
4. Revise Financial Resource Allocation: Shift the allocation formula for centrally collected resources to prioritize population size and backwardness indices, ensuring funds are directed toward the most disadvantaged districts rather than evenly distributed.
5. Focus on Governance Quality: Strengthen governance in backward states to improve revenue generation and project execution, thereby creating a conducive environment for attracting both domestic and foreign investments.

India’s regional diversity reveals significant disparities in development, emphasizing the need for inclusive growth strategies that honor its rich cultural tapestry while addressing economic inequalities across various regions.