Category: Burning Issues

Context

• The Supreme Court in a recent judgment held that the Delhi Government has legislative and executive powers over administrative services in the National Capital, excluding matters relating to public order, police and land.
• It also reiterated its stand The Lieutenant Governor shall be bound by the decision of Delhi government over services, apart from public order, police and land.
• In this context, this edition of the Burning Issue will expand this judgment in detail and the overall background of the issue.

Key Highlights of the Judgment

(1) Disagreement with Justice Bhushan’s Judgment

• The Supreme Court stated that it does not agree with Justice Ashok Bhushan’s judgment that the Delhi government has no power over services.

(2) Article 239A and Legislative Assembly for NCT

• The Supreme Court highlighted that Article 239A establishes a legislative assembly for the National Capital Territory of Delhi.
• The members of the legislative assembly are elected by the electorate of Delhi, and the interpretation of Article 239A should support representative democracy.

(3) Limits of Power

• The court clarified that the control over services does not extend to areas related to public order, police, and land.
• “The ideal conclusion would be that GNCTD ought to have control over services, subject to exclusion of subjects which are out of its legislative domain related to public order, police and land. However, legislative and executive power over services such as Indian Administrative Services or Joint Cadre Services which are relevant for the implementation of policies and the vision of NCTD in terms of day-to-day administration of the region, SHALL LIE WITH THE GNCTD”

– Supreme Court of India

(4) Delhi Government Represents Representative Form of Government

• According to the Supreme Court, the Delhi government, like other states, represents the representative form of government.
• Any expansion of the central government’s power would contradict the Constitutional scheme.

(5) Impact on Ministers’ Control

• The court noted that if administrative services are excluded from the legislative and executive domains, ministers would be excluded from controlling civil servants responsible for implementing executive decisions.

(6) Executive Power and Existing Law

• The court clarified that the executive power of the state is subject to existing union laws.

(7) Principle of Collective Responsibility

• The Supreme Court emphasized that if officers do not report to ministers or fail to follow their instructions, the principle of collective responsibility will be affected.

(8) Triple Chain of Accountability

• “If a democratically elected government is not given the power to control the officers, the principle of triple chain of accountability will be redundant. If the officers stop reporting to the Ministers or do not abide by their directions, the principle of collective responsibility is affected” — SC
• Chief Justice of India DY Chandrachud highlighted that denying democratically elected governments the power to control officers would render the principle of the triple chain of accountability redundant.

Background: Special Status for New Delhi-Article 239AA

• Article 239AA of the Constitution of India granted Special Status to Delhi among Union Territories (UTs) in the year 1991 through the 69th constitutional amendment. It provided a Legislative Assembly and a Council of Ministers responsible to such Assembly with appropriate powers.
• That’s when Delhi was named as the National Capital Region/territory (NCT) of Delhi.
• As per this article – Public Order, Police & Land in NCT of Delhi fall within the domain and control of Central Government which shall have the power to make laws on these matters.
• For remaining matters of State List or Concurrent List, in so far as any such matter is applicable to UTs, the Legislative Assembly shall have the power to make laws for NCT of Delhi.

The Centre-State Dispute

• Delhi was given a fully elected legislative assembly and a responsible government through an amendment in the constitution in 1991. Since 1991, Delhi had been made a UT with an assembly with “limited legislative powers”.
• Cordial relations have prevailed between the Central and Delhi governments since 1996 and all differences have been resolved through discussions and also because of the fact that both Centre and State had same political party rule.
• However, since 2015, delhi has been witnessing power struggle as Centre and State are under rule of different political parties.
• The disagreement arose when then L-G Najeeb Jung appointed officers as the acting chief secretary. CM Kejriwal objected to this action, deeming it unconstitutional.
• In May 2015, the Ministry of Home Affairs issued a notification stating that the Department of Services, responsible for the transfer and posting of Delhi government officers, fell under the jurisdiction of the Centre through the L-G.
• The Delhi government challenged this decision in the Delhi High Court, but the court ruled against them. Subsequently, the state approached the Supreme Court, which determined that the L-G must follow the advice of the cabinet of ministers.
• Despite the resolution of the previous issue, the matter of services remained unresolved. It was later referred to a two-judge bench of the Supreme Court, which reached a split verdict in 2019.
• A three-judge bench then forwarded the case to a five-judge bench in 2022 for further consideration.

Lt. Governor at the Centre stage

• The Article 239AA while conferring on the assembly the power to legislate on all matters in the state list as well as the concurrent list except land, police and public order – contained one sore point.
• It said that in case of a difference between the L-G and the council of ministers, the matter shall be referred to the president by the LG for his decision and pending such decision the LG can take any action on the matter as he thinks fit.
• It is this issue that the constitution bench of the Supreme Court resolved in 2018, when it said that the government does not have to seek the concurrence of the L-G on its decisions.
• Any differences between them should be resolved to keep in view the constitutional primacy of representative government and co-operative federalism. It is after this judgement, the Centre brought up NCT of Delhi (Amendment) Bill, 2021 Bill

NCT of Delhi (Amendment) Bill, 2021

• Among the major proposed amendments, one makes it explicitly clear that the term “government” in any law made by the Legislative Assembly shall mean the L-G.
• This, essentially, gives effect to the former L-G 2015 assertion that “Government means the Lieutenant Governor of the NCT of Delhi appointed by the President under Article 239 and designated as such under Article 239 AA of the Constitution”.
• The Bill adds that the L-G’s opinion shall be obtained before the government takes any executive action based on decisions taken by the Cabinet or any individual minister.

What was the 2018 Supreme Court Verdict?

• In its 2018 verdict, the five-judge Bench had held that the LG’s concurrence is not required on issues other than police, public order and land.
• It had added that decisions of the Council of Ministers will, however, have to be communicated to the LG.
• The L-G was bound by the aid and advice if the council of ministers, it had said.
• The Bench of then CJI status of the LG of Delhi is not that of a Governor of a State, rather he remains an Administrator, in a limited sense, working with the designation of Lieutenant Governor”.
• It had also pointed out that the elected government must keep in mind that Delhi is not a state.

Is the L-G left with no discretionary power?

• The L-G does have the power to refer any matter, over which there is a disagreement with the elected government, to the President under Article 239AA (4).
• The Delhi Law Secretary had in 2019 written in an internal memo that the elected government cannot use the SC verdict to keep the L-G in the dark about its decisions.
• But the SC had also categorically pointed out that the L-G should not act in a mechanical manner without due application of mind so as to refer every decision of the CM to the President.

Way forward

Delhi’s governance needs a new re-imagination. Learning from international examples, and conceptualizing a new structure, can be a way forward.

Delhi cannot be unitary

• What distinguishes Delhi from other federal districts is sheer size. Its population would subsume the populations of the above-mentioned cities.
• Its closest peer is Mexico City. In a significant development, Mexico City was upgraded from federal district to the country’s 32nd state in 2016.
• This was driven by the desire to provide more responsive government for residents.

Decentralisation of decision-making is important

• There are alternative ways in which both the central government as well as state authorities can partake jointly in the management of the city.
• This might be achieved by a two-tier metropolitan authority.

Control over police

• Control over policing has been a major point of contention in Delhi.
• With the lone exception of Abuja, in other federal districts, the local governments have jurisdiction over at least some aspects of policing.

Conclusion

• The apex court should intervene now and advantage of the current controversy to permanently settle the jurisdiction. India will only prosper if all of its states do as well.
• The solid foundations of federalism and democracy on which our country has thrived will begin to crumble if there is strife between the Centre and the states.

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Context

• Recently, A federal U.S. commission, Commission on International Religious Freedom (USCIRF) has urged the Biden administration to impose targeted sanctions on Indian Government agencies and officials responsible for “severe violations” of religious freedom in the country by freezing their assets.
• In this context, this edition of Burning Issue will talk about this issue and the overall propaganda of West against India.

About USCIRF and its report

• The United States Commission on International Religious Freedom (USCIRF) is an independent U.S. federal government agency created by the 1998 International Religious Freedom Act (IRFA).
• USCIRF monitors the universal right to freedom of religion or belief (FoRB) abroad; makes policy recommendations to the President, Secretary of State, and US Congress; and tracks the implementation of these recommendations. 
• The USCIRF report assesses the status of religious freedom around the world.
• It provides a comprehensive analysis of the state of religious freedom in countries across the globe, highlighting issues of concern and making recommendations for action by the US government.
• Its report is an important tool for raising awareness of violations of religious freedom and advocating for greater protection of this fundamental human right.

More on the recent report

• In its annual report on religious freedom, the USCIRF asked the U.S State Department to designate India as a “country of particular concern” on the status of religious freedom along with several other nations.
• The USCIRF also recommended to Congress to raise the issue of religious freedom during U.S.-India bilateral meetings and hold hearings on it.
• The USCIRF has been making similar recommendations to the State Department since 2020, which have not been accepted. The recommendations of USCIRF are not mandatory for the State Department.

What is religious freedom?

• Freedom of religion or belief is an expansive right that includes the freedoms of thought, conscience, expression, association, and assembly. 
• Inherent in religious freedom is the right to believe or not believe as one’s conscience leads, and live out one’s beliefs openly, peacefully, and without fear. 

Religious Freedom in India

Article 25: Freedom of Religion

• Article 25 guarantees the right to freedom of religion to all citizens of India. It ensures that every person is free to practice, profess, and propagate the religion of their choice. However, this right is subject to certain restrictions, such as public order, morality, and health. The government also has the power to regulate economic, financial, political, or other activities that are associated with religious practices.

Article 26: Freedom to Manage Religious Affairs

• Article 26 guarantees every religious denomination the right to manage its own affairs in matters of religion. This includes the right to establish and maintain institutions for religious purposes, and the right to manage its own property. However, this right is subject to public order, morality, and health, as well as to other provisions of the Constitution.

Article 27: Freedom from Taxation for Religious Purposes

• Article 27 prohibits the state from compelling any person to pay taxes for the promotion or maintenance of any particular religion or religious institution. This means that the state cannot use public funds to support or promote any particular religion, nor can it force individuals to financially support religious institutions.

Article 28: Freedom from Religious Instruction in Educational Institutions

• Article 28 guarantees the right of all religious denominations to establish and maintain their own educational institutions. It also prohibits the state from providing any religious instruction in public educational institutions funded by the state. However, students attending such institutions are free to receive religious instruction from outside sources, as long as it does not interfere with the educational activities of the institution.

Reports’ Allegations against India

Policies

• It is alleged that the Indian government at the national, state, and local levels promoted and enforced religiously discriminatory policies, including: Laws targeting religious conversion, Interfaith relationships, Ban over wearing of hijabs and cow slaughter
• This has negatively impacted Muslims, Christians, Sikhs, Dalits, and Adivasis citizens of the country.

Laws of so-called ‘Suppression‘

• The report also alleges that the national government continued to suppress critical voices, particularly of religious minorities and those advocating on their behalf through Surveillance, Accusations of Sedition, Demolition of Property, Detention under the Unlawful Activities Prevention Act (UAPA), Targeted banning of NGOs ex. Missionaries of Charity under the Foreign Contribution Regulation Act (FCRA).
• The continued enforcement of discriminatory laws facilitated a culture of impunity for widespread campaigns of threats and violence by mobs and vigilante groups.

India’s response

• India has slammed USCIRF for “misrepresenting” facts and described it as an “organisation of particular concern”.
• The Indian government rejected the biased and inaccurate comments.
• Foundation of Indian and Indian Diaspora Studies (FIIDS) slammed USCIRF for its biased report and failure to acknowledge the cultural and economic significance of cows to Indians.

History

• Ever since India gained independence, the Western media have painted a negative picture of the country. Indeed, many did not expect India to last long as a nation. There are countries that are failed states and countries which are engulfed in civil wars, but they do not get much of a mention from British and other Western media. 

Previous cases of such allegations

• In February 2020, a major daily national declared the North Delhi riots were called the riots a “Hindu nationalist rampage”
• Also, India is being frequently labelled as ‘Intolerant Democracy’ or depicted as a poor nation. Recent example is the Cartoon from a German newspaper mocking Indian Railway’s infrastructure developments.
• The BBC Documentary on PM Modi and 2002 Gujarat riots was also a part of this targeting by western media.

Why such reports often falsely target India?

• Sensationalized news: Negative news stories tend to receive more attention because they can be more emotionally engaging and impactful. For example, a study found that negative news stories receive significantly more engagement on social media than positive news stories.
• Political biases: Media outlets may have different political affiliations or biases that shape their coverage of certain countries or events. For example, some media outlets may have a pro-Western bias and view India as a less developed or “exotic” country. Additionally, some outlets may have a negative view of Indian government policies or leadership, which can influence their reporting.
• Complex challenges: India is a large and diverse country with many challenges, including poverty, inequality, and political instability, which can be difficult to report on accurately and without bias.For example, India has one of the highest rates of income inequality in the world, with the top 1% of the population holding nearly 60% of the country’s wealth. Additionally, India has a history of caste discrimination and violence, which can be challenging to report on accurately and sensitively.
• Differing perspectives: Different media outlets may have different perspectives on issues related to India, which can lead to differing coverage.For example, some outlets may focus on India’s economic growth and potential as a major player in the global economy, while others may highlight the country’s challenges and inequalities.Additionally, media outlets from different countries may have different cultural or historical perspectives on India that influence their reporting.
• Lack of objectivity: There have been instances in the past where these reports have been criticized for being one-sided and lacking objectivity.
• US lobby against everyone: It is important to note that reports like USCIRF’s are based on the organization’s own assessments.
• Inherent bias against India: Such allegations are prevalent ever since India attained its Freedom.
• Self-proclaimed father of democracy: US has infamous for selectively promoting democracy and human rights, and for supporting authoritarian regimes that align with its strategic interests.
• Anti-regime: Such reports often overlook the efforts made by the present regime in India towards promoting religious tolerance and communal harmony.

Way forward

• Urgent action: India needs to take prompt and necessary steps to address religious freedom issues and take everyone’s faith in the government and democratic process.
• Nuanced understanding: International organizations and foreign governments must make a conscious effort to understand the complexities of India’s social, political, and economic landscape before making any recommendations or issuing reports.
• Avoid sweeping generalizations: It is important to avoid sweeping generalizations and presenting a one-sided view of the situation, which can be detrimental to India’s reputation and lead to misunderstandings.
• Self-reflection by the US: The US must address its own issues related to religious freedom and human rights violations, and not just sermon other countries.

Countering western media’s allegations

• India’s historical diversity and pluralism: India has a long history of diversity, pluralism, and peaceful coexistence among different communities.
• Constitutional guarantees: The Constitution guarantees fundamental rights to all citizens, regardless of their religion, caste, or creed.
• Media as a strong pillar: The country has a vibrant democracy and a free and independent media that regularly scrutinizes the government and its policies. This eliminates the scope for anyone’s oppression.
• Nation-building: All communities have contributed significantly to the country’s cultural and social fabric. Success of India is often unwelcomed by the US. People should not fall prey to foreign propaganda.

Conclusion

• It’s important to approach news coverage critically and evaluate the sources and biases behind the stories. This can involve reading articles from a variety of sources, fact-checking claims, and considering the cultural and historical context of the news.
• EAM S Jaishankar has rightly summarized west’s biasness, “Problem of Europe is world’s problem but problem of world is not problem of Europe”.

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Context

• The Northeastern state of Manipur has been witnessing violent clashes between different ethnic groups since February 2023.
• The latest round of unrest erupted on May 3, when a tribal student union organized a march to protest against the demand of the non-tribal Meitei community to be included in the Scheduled Tribe (ST) list. The march turned violent and the police imposed a curfew and shoot-at-sight orders to control the situation.
• In this context, this edition of the Burning Issue will elaborate on these clashes and the fundamentals involved in this issue.

Cause of the current violence

• The tensions started brewing when the state government launched an anti-drug drive that targeted poppy cultivation in the hill districts. The tribals alleged that the drive was a pretext to evict them from their lands and accused the government of favouring the Meiteis.
• Also in April 2023, The Manipur High Court’s order to expedite the recommendation for granting ST status to the Meiteis further inflamed the tribal sentiments and led to the massive protest on May 3.

Manipur High Court’s Ruling

• The court directed the government to consider the inclusion of the Meitei community in the tribe list of Manipur.
• It observed that the petitioners and other groups have been fighting for a long time for this inclusion, suggesting that it is an important issue for the community.
• The court has directed the government to submit its recommendation after considering the case of the petitioners, preferably within four weeks of receipt of the order.

Merger of Manipur with the Union of India:

• Pre-1947: Manipur was a princely state under British colonial rule. The Maharaja of Manipur, Bodhachandra Singh, was the ruler of the state.
• August 1947: The Maharaja of Manipur signed the Instrument of Accession, agreeing to accede to the Indian Union.
• 1972: Manipur, along with Meghalaya and Tripura, became a full-fledged state under the North Eastern Region (Reorganisation) Act, 1971.

Who are the Meiteis?

• Largest community: The Meiteis are the largest community in Manipur.
• Community’s Language: They speak the Meitei language (officially called Manipuri), one of the 22 official languages of India and the sole official language of Manipur State.
• Geographical Distribution: Manipur is geographically divided into the Imphal Valley and the surrounding hills. The Imphal Valley is dominated by the Meitei community, which accounts for more than 64% of the population. The hills, which comprise 90% of Manipur’s geographical area, are inhabited by more than 35% recognized tribes, which are largely Christians.
• Major Festivals: festivals of meiteis are Lai Haraoba, Cheiraoba, Yaosang among others. Also, The Manipuri martial art Thang-ta had its origin in the Meitei knights during the king’s rule.

Tribal groups’ opposition to the ST Status

• Advantaged community: Many tribal groups say the Meiteis have a demographic and political advantage besides being more advanced than them academically and in other aspects.
• Benefits at others’ cost: They feel the ST status to the Meiteis would lead to loss of job opportunities and allow them to acquire land in the hills and push the tribals out.
• Already benefited: The language of the Meitei people is included in the Eighth Schedule of the Constitution, and many of them have access to benefits associated with the SC, OBC, or EWS status.
• Political vendetta: The demand for ST status is a ploy to attenuate the fervent political demands of the Kukis and Nagas, as well as a tacit strategy of the dominant valley dwellers to make inroads into the hill areas of the State.

Arguments in Favour

• “Prior Recognition as Tribe: The petitioners contended before the High Court that the Meitei community held the status of a tribe before the integration of the princely state of Manipur with the Union of India in 1949. They also claimed that the community’s recognition as a tribe was lost after the integration.
• Cultural Preservation: The Meiteis’ demand for ST status was based on the need to protect and preserve their culture, ancestral land, tradition, and language. The petitioners argued that granting ST status would aid in safeguarding the community’s cultural identity.
• Advocacy for Constitutional Safeguards: The Scheduled Tribes Demand Committee of Manipur (STDCM) has been actively advocating for ST status for the Meitei community since 2012. They claimed that the community has been deprived of constitutional safeguards due to their exclusion from the ST list.
• Population Decline: The STDCM argued that the Meitei community has been gradually marginalized in their ancestral land, resulting in a decline in their population. According to the 2011 Census data, the Meitei population, which was 59% of the total population of Manipur in 1951, has now reduced to 44%.
• Contempt Proceedings Against HAC: Meitei community members have filed contempt proceedings against the Hill Areas Committee (HAC) of the Manipur Assembly for opposing their inclusion under the Scheduled Tribe (ST) category.

Current situation

• In view of the prevailing unprecedented burning situation, the Centre has imposed Article 355 in the state, in an effort to control the situation, according to reliable sources.

What is Article 355?

• Article 355 of the Indian Constitution is a provision that empowers the Union government to protect every state in India against external aggression and internal disturbances.
• It is based on the principle of “duty to protect” enshrined in the Constitution, which makes it mandatory for the Union government to protect every state from external and internal threats.

Restrictions under Article 355

• Under Article 355, the Union government has the power to issue directions to any state to ensure compliance with the Union’s laws and regulations. However, there are certain restrictions on this power:
• The directions can only be given when there is a failure of the state machinery to comply with or give effect to any Union law or regulation.
• The directions should be of an urgent nature and may not extend beyond the necessary period for remedying the failure of the state machinery.The state government should be given an opportunity to submit its views before the issuance of such directions.The Union government cannot use this power to intervene in the internal affairs of a state unless there is a failure of the state machinery.The duration of the assistance provided under Article 355 is not specified in the Constitution.
• The duration of the assistance provided under Article 355 is subject to judicial review and can be challenged in court if it violates any fundamental rights or constitutional provisions.

Moving Forward

• Encouraging dialogue: The ongoing conflict in Manipur reflects a deep-seated ethnic divide and lack of trust between various communities. Both the state and central governments must engage in a transparent and fair dialogue with all stakeholders to address their concerns.
• Maintaining law and order is crucial to prevent any innocent lives from being affected or lost during the unrest.
• Avoiding misinformation spread: Civil society and media should promote harmony among different groups and refrain from spreading misinformation and rumors.
• Embracing each other: The people of Manipur must understand that violence is not the answer to any problem and that peaceful coexistence, mutual respect, and tolerance are necessary for a sustainable future.

Conclusion

• The conflict between the Meiteis and tribals in Manipur stems from long-standing political, economic, and cultural grievances. The Meiteis, who dominate the valley region, seek Scheduled Tribe status to protect their identity and rights from outsiders, while the tribals from various ethnic groups in the hills oppose this demand, fearing a loss of their privileges and autonomy.
• The lack of development in Manipur is also a reason for the rumbling suspicion between the hill and valley areas. Both the Union and the state governments must rectify this at once to help develop better relations between the hill and valley. This is essential for peaceful co-existence.

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Context

• Mann Ki Baat, Prime Minister Narendra Modi’s popular radio program, completed 100 episodes this Sunday.
• In this context, this edition of the Burning Issue will talk about this program and its significance.

About Mann Ki Baat

• Mann Ki Baat is an Indian radio program hosted by Prime Minister Narendra Modi in which he addresses the people of the nation on All India Radio, DD National and DD News.
• The main purpose of the program is to “establish a dialogue with the citizens on issues of day-to-day governance”, according to a statement by the Information and Broadcasting Minister in the Rajya Sabha in July 2021.
• The program is India’s “first visually enriched radio program”.

Highlights of the 100th episode

• Highlighted achievements: The PM highlighted the achievements of this program. He also mentioned the timeline of the program in the last nine years.
• Telecasted in multiple regional languages: The program was telecasted in multiple regional languages to have a wider reach of the program. It was also this time, that the program was telecasted globally.
• 100 days of action: The Tourism Ministry announced “100 days of action” to mark the 100th episode of Mann Ki Baat. The activities include a design challenge for entrepreneurs to develop substitutes for single-use plastic items.
• Highlighted countrymen’s dedication: PM said Every time, the countrymen’s dedication to duty and skill has motivated others. Every countryman in this program serves as an example to other countrymen.
• DG UNESCO part of the episode: he thanked PM Modi on behalf of UNESCO for the opportunity to be part of the 100th episode of the ‘Mann Ki Baat’ Radio broadcast.

Major achievements of the program

• As PM Modi’s ‘Mann Ki Baat’ approaches its 100th episode on April 30, 2023, a survey conducted by the Indian Institute of Management, Rohtak shows that at least twenty-three crore people have ‘listened to or viewed’ Prime Minister Narendra Modi’s monthly radio broadcast regularly and over 100 crore people have listened to it at least once.
• In the first fifteen addresses of Mann ki Baat broadcast, more than 61,000 ideas were received on the website and 1.43 lakh audio recordings by listeners have been received. Each month, some selected calls become a part of the broadcast.
• From 2 June 2017, Mann Ki Baat became available in regional dialects. The aim is to expand the reach of the program as far as possible.

Significance of the podcast

• Apolitical character: the program has remained apolitical throughout its journey. Political and sensitive issues were not discussed in the program. It mainly focused on highlighting the achievements of ordinary Indians and generating awareness about social issues.
• Catalyst in igniting mass movements: The campaigns mentioned by PM Modi which had the most impact on listeners were Selfie with Daughter, Incredible India, Fit India and Sandesh to Soldiers. The most remembered topics were the promotion of Khadi, Drug Free India and Team Tarini.
• Highlighted success stories of Indians: Mann Ki Baat has showcased stories of talented individuals across diverse fields, from promoting Aatmanirbhar Bharat to Make in India and space startups.
• Interactive Nature:  “Mann Ki Baat” is an interactive program that allows people from all walks of life to participate. Citizens can share their views, experiences, and stories. It encourages people to share their ideas and suggestions with the Prime Minister.
• Wide Range of Topics: The program addresses a range of topics, including social issues, education, healthcare, and the environment. It promotes social initiatives such as the Swachh Bharat Abhiyan, Beti Bachao Beti Padhao, and Digital India. The program has been particularly effective in promoting social initiatives
• Led to Positive Impact in society: “Mann Ki Baat” has become a significant platform for the Prime Minister to engage with the people of India. It has helped to create a sense of unity and shared purpose among citizens. It encourages people to work together towards a better future for India.

Criticism

• Lack of Opposition Voices: One of the main criticisms of “Mann Ki Baat” is that it is a one-sided conversation, with no participation from opposition parties or critics of the government. This has led to accusations that the program is being used as a propaganda tool to promote the government’s agenda, rather than as a genuine platform for dialogue.
• Still Limited Audience Reach: While the program is aired on multiple platforms, it still has limited reach in rural areas and among lower-income groups who may not have access to radios, televisions, or the internet. This raises questions about the program’s ability to truly represent the diverse perspectives of the Indian population.
• Lack of Action: Critics have also argued that “Mann Ki Baat” has not resulted in concrete action on the issues discussed. While the program may raise awareness about certain social issues or initiatives, there is a perception that it has not led to significant policy changes or improvements on the ground.
• Insufficient Time for Discussion: Another criticism of “Mann Ki Baat” is that it only allows for brief discussions on complex issues. This may not provide enough time for in-depth analysis or debate on topics that require nuanced perspectives.
• Disregard for Questions Raised: Some participants have raised concerns that the government does not adequately address the questions and suggestions shared on the program. This has led to criticism that “Mann Ki Baat” is more of a PR exercise than a genuine dialogue between the government and citizens.

Conclusion

• Overall, “Mann Ki Baat” is a platform that has both supporters and critics. While it has been successful in promoting social initiatives and providing a platform for the Prime Minister to connect with citizens, it has also been criticized for its one-sided nature, limited audience reaches, and lack of concrete action on the issues discussed. Additionally, the program’s format may not allow for in-depth analysis or debate on complex topics.
• Nevertheless, “Mann Ki Baat” remains a significant program that reflects the government’s efforts to engage with the public and promote its agenda. As with any public forum, the program needs to balance the voices and perspectives represented and ensure that it provides a platform for meaningful dialogue between the government and the people it serves.

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Context

• Intense clashes between Sudan’s military and the country’s main paramilitary force have killed hundreds of people and sent thousands fleeing for safety. The burgeoning civil war threatens to destabilize the wider region also.
• In this context, this edition of the Burning Issue will explain this war, its causes and implications.

About Sudan

• Sudan is a country located in North Africa, bordered by Egypt to the north, Libya to the northwest, Chad to the west, the Central African Republic to the southwest, South Sudan to the south, Ethiopia to the southeast, and Eritrea to the east.
• It is the third-largest country in Africa and has a diverse population of around 43 million people.
• According to the World Bank, around 46% of the population lives below the poverty line, and many Sudanese people struggle to access basic services such as healthcare, education, and clean water.

Significance of Sudan

• Borders seven countries: Sudan’s geographic location is crucial as it borders seven countries — Egypt, Ethiopia, Libya, Chad, the Central African Republic, Eritrea and South Sudan.
• Strategic location on the Red Sea: Owing to its strategic location on the Red Sea and access to the Nile River.
• Mineral and resources: With the vast swath of gold reserves and agriculture potential, the third largest African nation has long been coveted by outside powers, including its neighbors, the Gulf countries, Russia and the Western nations.
• Rich oil potential: Sudan has underused potential of the rich soil that borders the Nile River.

About Sudan Crisis: Origin and Causes

• Sudan is facing a crisis due to fighting between two rival military factions.
• The underlying causes of conflict in Sudan is a result of the military generals’ overthrow of long-serving President Omar al-Bashir in April 2019, following widespread protests.
• As a result, the military and protesters came to an agreement that established the Sovereignty Council, a power-sharing body that will lead Sudan to elections by the end of 2023.
• Under the agreement, both the army and the RSF had to cede power, but two issues were contentious: the formal placing of the army under civilian oversight and the timetable for the RSF to be integrated into the regular armed forces.
• However, in October 2021, the military toppled the transitional government led by Abdalla Hamdok. Lt Gen Abdel Fattah al-Burhan became the de facto leader of the country, and Gen Mohamed Hamdan Dagalo became his second-in-command (Lt Gen Abdel Fattah al-Burhan is the current army chief and Gen Mohamed Hamdan Dagalo, head of the Rapid Support Forces (RSF))
• Following the coup of 2021, a power struggle between two generals from the military (SAF) and the paramilitary (RSF) broke up a plan to move to elections in July 2023.

Global Implications of the Conflict

• The entire region could destabilize: The volatile region, which borders the Red Sea, the Sahel, and the Horn of Africa, could be destabilized if the fighting continues.
• Refugee crisis: The conflict in Sudan has the potential to cause a refugee crisis, with people fleeing the country to escape the violence and instability.
• The democratic transition of Sudan failed: The latest conflict has pushed hopes for the establishment of a peaceful democracy even further to the margins, casting a long shadow on the general election set to take place in July this year.
• Spillover to neighbouring countries: Many analysts fear that the ongoing war between the military and RSF would spill over into neighbouring countries, which are already mired in their internal conflicts, causing destabilization of the entire region.
• Ethiopia’s dam project may be affected: Egypt, too, is closely observing the latest development. The country shares a strong bond with Sudan’s military, which it sees as an “ally against Ethiopia”, AP stated. Ethiopia, a land-locked nation, has locked horns with both Egypt and Sudan over its ambitious hydroelectric dam, which could impact the Nile River’s flow.
• For Russia, Sudan has a subject of interest. The Kremlin has wanted to construct a naval base for years, capable of hosting up to 300 troops and four ships in Port Sudan, located on one of the world’s busiest and most contested sea lanes.

India Sudan Relations

• It had already implemented 49 bilateral projects through concessional lines of credit worth USD 612 million in areas such as energy, transport, and agribusiness industry in Sudan in 2021.
• India supported Sudan’s efforts to establish a transitional government and the government’s signing of the Juba Peace Agreement in October 2020.
• India also supported including outside armed movements in the negotiation process and a national plan for 1,200 personnel of civilian protection.
• As part of its Indian Technical and Economic Cooperation (ITEC) program, India provided Sudan with 290 scholarships for capacity building. In addition, India had offered Sudan humanitarian assistance in 2020, including food supplies.
• Between 2005-2006 and 2018-2019, trade between India and Sudan increased from USD 327.27 million to USD 1663.7 million.
• India invested approximately USD 3 billion in Sudan and South Sudan, with USD 2.4 billion going to ONGC Videsh, a public sector organization, in the petroleum sector.

What Was India’s Response: Operation Kaveri

• India has launched “Operation Kaveri” to evacuate its citizens from war-torn Sudan.
• It is the recent series of evacuations held by India over the last few years to rescue its nationals in crisis-hit countries. India rescued its nationals last year from war-hit Ukraine and Afghanistan.
• The operation was launched in response to the conflict and breakdown of essential services in Sudan that had brought the country to a standstill.
• India has positioned two transport aircraft of the IAF in the Saudi Arabian city of Jeddah and a naval ship at a key port in Sudan as part of its contingency plans to evacuate its stranded nationals.

Way forward

• The UN Security Council: will hold its first meeting on the crisis in Sudan soon. The council should try to end the crisis as soon as possible.
• Regional major powers such as UAE, and Saudi Arabia should try to pacify the situation rather than becoming parties to the crisis.
• Considering the current designs of Indo-Sudanese ties and Sudan’s location in the Horn of Africa, India needs to monitor its exchange, ventures, and interests in the district prior to making any hurried stride of perceiving the new system.

Conclusion

• Where the fighting will end is unclear. Both sides claim control over key sites and fighting has been reported across the country in places far from the capital Khartoum.
• India must safeguard its trade, investments, and other interests in the Horn of Africa. The Red Sea region is essential to India’s energy and maritime security.

Context

• The two-day Global Buddhist Summit 2023 concluded successfully in New Delhi with the adoption of the New Delhi Declaration. It saw the participation of delegates from nearly 30 countries, including Taiwan, Myanmar, Thailand, Vietnam, Sri Lanka, and Mongolia.
• In this context, this edition of the Burning Issue will talk about this summit and its significance for India.

About International Buddhist Confederation (IBC)

• IBC is the biggest religious Buddhist confederation in the world.
• The body was formed in New Delhi in 2011 and is headquartered also here.
• The goal of IBC is to create a role for Buddhism on the global stage so as to help to preserve heritage, share knowledge, and promote values.
• It also aims to represent a united front for Buddhism to participate in the current global happenings.

About Global Buddhist Summit

• It was the first-ever Global Buddhist Summit organized by the Ministry of Culture in collaboration with the International Buddhist Confederation (IBC).
• Eminent scholars, Sangha leaders Dharma practitioners and Buddhist monks from all over the world attended the conference.
• The focus of the Global Buddhist Summit was on modes of disseminating and internalizing universal values and finding ways to work together, to address the burning challenges both within and globally and offer a sustainable model for the future of the world.
• THE MAIN THEME of the summit was Responses to Contemporary Challenges: Philosophy to Praxis.
• Sub Themes of the summit were:
• Buddha Dhamma Pilgrimage, Living Heritage and Buddha Relics: a resilient foundation to India’s centuries-old cultural links to countries in South, Southeast and East Asia.
• Buddha Dhamma and Peace
• Buddha Dhamma: Environmental Crisis, Health and Sustainability
• Preservation of Nalanda Buddhist Tradition

Objectives of the summit

There has been general agreement that the  basic fundamental which can provide inspiration and guidance in the light of Buddha’s message of Peace, Well-being, Harmony and Compassion for Universal Peace need to be highlighted and worked upon  as follows:

• Aim: The texts, doctrines and philosophy of Buddha Dhamma are the best  guide for inter-faith dialogue, harmony and universal peace.
• Peace:  happiness and well-being, and conflicts and violence are significant threat to peace. We call upon all nations, organizations and individuals to work towards creating a world free from conflict, violence and war.
• Environment Sustainability: We urge governments and individuals to take action to reduce carbon emissions, protect biodiversity, and preserve natural resources for future generations.
• Wellbeing: We acknowledge that true happiness arises from inner peace and contentment. We encourage individuals to cultivate mindfulness, compassion, and wisdom, which are essential for promoting happiness and well-being.
• Buddhist Pilgrimage as Living Heritage: We call upon governments to preserve and protect the sacred sites of Buddhism and promote their accessibility to people of all backgrounds.
• Recommendations: Drawing upon the Teachings of the Buddha for the welfare of all sentient beings, Members of the Sangha, Buddhist leaders, Scholars, followers and institutions can play a significant and effective role in addressing this multi-faceted crisis. The continuation of the annual Global Buddhist Summit is one such important step in this direction.
• Nalanda: one of the greatest seats of Dhamma education for nearly 700 years between the 5th and 12th centuries AD, precedes the modern system of university education. It was famous for value education and character building. These values need to be inculcated among youths to rejuvenate the society towards “Vasudeva Kuṭumbakam”.

Significance of  Buddhism for India

• Importance of India in Buddhism: in Buddhism: Because Buddhism was founded in India, this global summit will highlight the significance and importance of India in Buddhism.
• Strengthening cultural and diplomatic ties: Additionally, this summit will serve as a vehicle for strengthening cultural and diplomatic ties with other nations, particularly those that adhere to the Buddhist ethos.
• Cultural Significance: Buddhism is an integral part of India’s cultural heritage. It played a significant role in shaping India’s art, architecture, literature, and philosophy. Today, India’s rich heritage in Buddhism attracts millions of tourists from all over the world.
• Social Significance: Buddhism’s emphasis on social justice, equality, and non-discrimination has relevance in India’s diverse and complex social context. Its teachings on the importance of community, interdependence, and mutual respect can help bridge social divides and promote social harmony.
• Environmental Significance: Buddhism’s emphasis on compassion toward all living beings can inspire individuals to take responsible actions toward environmental protection.

How Buddhism can play a role in enhancing India’s Soft Power projection?

Through Cultural Diplomacy

• Promoting Indian culture, which includes Buddhism, through festivals, art, music, literature, and other media.
• For instance, the Indian Council for Cultural Relations (ICCR) has put on a number of cultural events in Buddhist nations like Sri Lanka, Myanmar, Thailand, and Bhutan to show off India’s cultural heritage and make cultural ties stronger.

Education and Capacity-Building:

• To promote Buddhist studies and research, India has established a number of Buddhist institutions and centers of excellence, including Nalanda University and the Central Institute of Higher Tibetan Studies.
• In 2022, the foundation stone for the Dhamma Dipa International Buddhist University (DDIBU) in Tripura was laid,
• India also offers scholarships and training programs to Buddhist students and monks from other countries, such as Bhutan, Sri Lanka, Myanmar, and Nepal, to enhance their knowledge and skills.

Bilateral Exchanges and Initiatives:

• Through a variety of initiatives, India has sought to strengthen its ties with Buddhist nations like Sri Lanka, Myanmar, Thailand, Cambodia, and Bhutan in terms of bilateral relations.
• In order to strengthen economic cooperation, India and Sri Lanka have signed a number of agreements, including the Bilateral Investment Promotion and Protection Agreement (BIPA).
• In addition, India has helped Buddhist nations restore and protect their cultural heritage sites, such as the Stupa in Nepal and the Bagan temples in Myanmar.
• India and Mongolia also renewed the Cultural Exchange Program until 2023 under which 10 dedicated ICCR scholarships for studying ‘Tibetan Buddhism’ have been allocated for Mongolians to study in specialized institutes of CIBS, Leh and CUTS, Varanasi.

How Buddhism Is Significant For Indian Diplomacy?

• Ties with East and Southeast Asia: India’s historical and cultural ties with East and Southeast Asia, where Buddhism is widely practiced, have helped to strengthen diplomatic relations with these countries. India has established several cultural and economic initiatives with these countries, such as the Look East Policy, which aims to enhance economic and strategic relations with Southeast Asia, and the Act East Policy, which seeks to expand India’s ties with East Asian countries.
• Relationship with China: Buddhism has been a significant factor in India’s relationship with China. Buddhism originated in India but spread to China and became a major influence on Chinese culture and philosophy. India and China have established several cultural and religious exchanges, including the annual India-China Buddhist Dialogue and the China-India Yoga College, which promotes Indian culture and yoga in China.
• Cultural Diplomacy: Buddhism has been an important tool of India’s cultural diplomacy. India has established several Buddhist study centers and universities in different parts of the world to promote Indian culture and Buddhism. India also hosts several international conferences and seminars on Buddhism and its philosophy to facilitate cultural exchanges and strengthen diplomatic ties with other countries.
• International Cooperation: Buddhism’s emphasis on nonviolence, peace, and harmony has contributed to India’s active participation in international forums and organizations that promote these values. India has been a strong supporter of the United Nations International Day of Vesak, which celebrates the birth, enlightenment, and passing of the Buddha, and has hosted the event several times.

Why India And China Are Competing For Buddhist Legacies?

• Soft Power: Buddhism is an important element of soft power, which refers to the ability of a country to influence other countries through its culture, ideology, and values. Both India and China are interested in promoting their cultural and religious heritage to enhance their soft power in the region and the world.
• Tourism: Buddhism is a major tourist attraction, and both India and China are competing to attract Buddhist pilgrims and tourists to their respective countries. India’s Buddhist tourism industry is estimated to be worth billions of dollars, and China has also invested heavily in developing its Buddhist tourism industry.
• India also held a first-of-its-kind conference of SCO on “Shared Buddhist Heritage”.

Conclusion

• The summit could be seen as an attempt by India to flex its soft power in the region. While it’s definitely not the first time a country has used Buddhism to this end, events like the Global Buddhist Summit do offer India “political mileage”.

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Context

• With 142.86 crore people, India has surpassed China to become the world’s most populous nation, according to the latest United Nations data. China, with a population of 142.57 crore, is the now second most populous country.
• In this context, this edition of the Burning Issue will talk about India’s growing population and associated issues which is the part of GS1 Mains syllabus.

Some Statistics about Indian Population

• 142.86 crore Indians now: According to the latest United Nations Population Fund data, India’s population in 2023 stands at 142.86 crore.
• The top five countries: in terms of population in decreasing order are-India, China, US, Indonesia and Pakistan.
• The data from UN agency UNFP shows that 25 per cent of India’s population is in the 0-14 age bracket and 18 per cent in the 10-19 age group.
• Mostly Young population: Twenty-six per cent of India’s population is in the 10-24 age bracket and 68 per cent in the 15-64 age bracket. Seven per cent of the country’s population is above 65 years of age. People under the age of 25 accounts for more than 40% of India’s population.
• Spatial Divergences in Population: Kerala and Punjab have an ageing population, while Uttar Pradesh and Bihar have a younger population, say experts.
• Population to increase for next three decades: Several studies have shown that India’s population is expected to increase for nearly three decades before it peaks at 165 crore. It will then start to decline.

Reasons for India’s high population

• Historically high population: India has always had a historically high population, especially in its fertile northern plains. There, due to climatic reasons, it is possible to grow both wheat, a winter grain, and rice, a summer grain, yielding twice as much food as many other parts of the world.
• Higher birth rates and fertility rates: We have been successful in declining the death rates but the same cannot be said for birth rates. Also, the fertility rate (number of children a woman bear during her fertility rate) remained high for many decades.
• Early Marriage and Universal Marriage System: Getting married at a young age prolongs the childbearing age. Also, in India, marriage is a sacred obligation and a universal practice, where almost every woman is married at reproductive age.
• Poverty and Illiteracy:  Impoverished families have this notion that more the members in the family, the more will be the numbers to earn income. Some feel that more children are needed to look after them in their old age.
• Age-old cultural norm: Sons are the bread earners of families in India. This age-old thought puts considerable pressure on the parents to produce children till a male child or the required number of male children are born (This is called Son Meta preference).
• Illegal migration: Last but not the least, we cannot ignore the fact that illegal migration is continuously taking place from Bangladesh and Nepal is leading to increased population density.
• Lack of awareness: about family planning and its benefits, government schemes related to family welfare like free birth control measures leading to unwanted pregnancies and ultimately population growth.

Implications of high population

Negative outcomes:

• Poor achievement of SDGs: Sustained high fertility and rapid population growth present challenges to the achievement of sustainable development. The necessity of educating growing numbers of children and young people, for example, draws resources away from efforts to improve the quality of education.
• Unemployment: Generating employment for a huge population in a country like India is very difficult. The number of illiterate persons increases every year. The unemployment rate is thus showing an increasing trend.
• Pressure on infrastructure: The development of infrastructural facilities is unfortunately not keeping pace with the growth of the population. The result is a lack of transportation, communication, housing, education, healthcare etc. There has been an increase in the number of slums, overcrowded houses, traffic congestion etc.
• Manpower utilization: The number of jobless people is on the rise in India due to economic depression and slow business development and expansion activities. It has also caused India to be the home of the largest force of Gig Workers in the world and a large informal economy. This ultimately leads to poor or stagnant living standards and slow progress in Human Capital Development and Social Mobility for a large section of society.
• Faster and inefficient resource utilization: Land areas, water resources, and forests are over-exploited. There is also the scarcity of resources.
• Decreased production and increased costs: Food production and distribution have not been able to catch up with the increasing population and hence the costs of production have increased. Inflation is the major consequence of overpopulation.
• Inequitable income distribution: In the face of an increasing population, unequal distribution of income and inequalities within the country widen.
• Increasing divergence in the representation of different states in the Parliament of India: higher population growth in north Indian states as compared to southern states has led to the freezing of the number of seats in parliament till 2026. This has caused a political tussle between less-developed northern and largely developed southern Indian states.

Positive outcomes:

• Largest pool of consumers: an increase in population means an increase in consumers and expansion of the demand for raw materials as well as finished products leading to high consumption and thus higher economic activities. Thus, India has become the largest market in the world for companies around the world.
• Population growth is correlated to technological advancement: According to the neo-classical growth model, the population is beneficial to an economy because population growth is correlated to technological advancement. The rising population promotes the need for some sort of technological change to meet the rising demands for certain goods and services.
• Demographic dividend in India: India’s unique population structure with around 66% population in the working age group (15-59 years) has brought her to the cusp of a major transition for the next two decades. This has made it one of the youngest countries in the world which may put India on the path of high development as happened in China between 1991 and 2011.

Steps taken for population control in India

• Population Policy Committee: was created in 1952 which suggested the appointment of a Family Planning Research and Programmes Committee in 1953.
• Central Family Planning Board was created in 1956 which emphasized sterilization. Up till the 1960s a rigid policy was not adopted to arrest the fast growth of the population. The policy framed in 1951-52 was ad hoc in nature, flexible, and based on a trial-and-error approach.
• The New Population Policy, 1977: The Government of India introduced first National Population Policy in 1976, which focussed on reducing birth rate, lowering the infant mortality rate and improving the standard of life.
• The National Population Policy 2000: provided a comprehensive framework to provide the reproductive and health needs of the people of India for the next ten years.
• Mission Parivar Vikas (MPV), 2016: Under the scheme, innovative strategies like the distribution of Nayi Pehel kits, Saas Bahu Sammelan, and Saarthi vans are helping in reaching out to the community and initiating dialogues on family planning and healthy birth spacing, and the importance of small families.
• Raising the marriage age for girls: Recently, the Government proposed the Prohibition of Child Marriage (Amendment) Bill, 2021, which seeks to raise the age of legal marriage for women from 18 to 21, which would further help in reducing fertility rates.

Some green shoots

• Declining TFR: SRS report estimated the Total Fertility Rate (TFR), the number of children a mother would have at the current pattern of fertility during her lifetime, as 2.2 in the year 2018. The recently released 5th National Family Health Survey report has shown that India’s TFR has currently reached below the replacement level of fertility of 2.1 children per woman. As fertility declines, so does the population growth rate.

Population control measures that can be taken

• Social Measure: Population outburst is considered to be a social problem and it is intensely rooted in civilization. It is, therefore, necessary to make efforts to eliminate the social iniquities in the country.
• Minimum age of Marriage: As fertility depends on the age of marriage therefore the minimum age of marriage should be raised. In India, the minimum age for marriage is 21 years for men and 18 years for women fixed by law. This law should be strongly implemented and people should also be made aware of this through promotion.
• Raising the Status of Women: There are prevalent biases against women. They are restricted to houses. They are still confined to rearing and bearing children. So women should be given opportunities to develop socially and economically. Free education should be given to them.
• Spread education: The spread of education changes the views of people. Educated men take mature decisions and prefer to delay marriage and adopt small family customs. Educated women are health mindful and avoid frequent pregnancies and thus help to lower the birth rate.
• Adoption: is also an effective way to curb population. Some parents do not have any children, despite expensive medical treatment. It is recommended that they should adopt orphan children. It will be helpful to orphan children and children to couples.
• Economic Measures: It is necessary to raise employment opportunities in rural as well as urban areas. Another economic measure for population control is the development of Agriculture and Industry. If agriculture and industry are correctly developed, a huge number of people will get employment. When their income is increased they would enhance their standard of living and accept small family norms.
• Urbanization: process can reduce population increase. It is reported that people in urban areas have low birth rate than those living in rural areas. Urbanization should be encouraged.
• Strict birth control measures: are needed such as China has adopted a strategy to decrease the birth rate. But it is not possible to reduce technological advancements to decrease the death rate in India. To reduce the birth rate, several government-funded agencies like the Family Planning Association of India spend excessive funds to promote family planning as a basic human right and the norm of a two-child family voluntarily.
• Creating awareness about family planning: The family planning methods provided by the family planning program are vasectomy, tubectomy, IUD, conventional contraceptives (that is condoms, diaphragms, jelly/cream tubes, foam tables) and oral pills.

Conclusion

• India’s 1.4 billion people must be seen as 1.4 billion opportunities. The country with the largest youth cohort can be a source of innovation, new thinking and lasting solutions.
• The trajectory can leapfrog forward if women and girls, in particular, are equipped with equal educational and skill-building opportunities, access to technology and digital innovations, and most importantly information and power to fully exercise their reproductive rights and choices.
• Ensuring gender equality, empowerment and advancing greater bodily autonomy for women and girls are the key determinants for a sustainable future.

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Context

• The Uttar Pradesh Special Task Force has recently encountered two persons who were wanted in connection with a murder case.
• The incident has again highlighted the issue of extra-judicial killings or encounters by security forces.
• In this context, this edition of the Burning Issue will deal with the issue of extra-judicial killings.

What Are Extra-Judicial Killings?

• Extra-judicial killing occurs when a person is killed by governmental authorities without a judicial decision or hearing on the case. In India, it is also known as extra-legal killing or encounter killing.

History of Extra-Judicial Killings in India

• In the past, the Indian subcontinent has seen a lot of things that led to the current situation of encountering killing.
• Ancient: Manusmriti and other ancient Hindu texts provide insight into the Indian criminal law system of the past. The Manu-Smriti says that torture is necessary to stop crimes and keep society peaceful. The Indian kings used torture to uncover the truth and solve crimes, adhering to the previous system.
• Medieval: The rule of “eye for an eye” was upheld when Mughal rulers were present. The British rulers in India accepted torture as a method of questioning the accused after the Mughals.
• Present: Despite the fact that the Indian judiciary is founded on the principle of “innocent until proven guilty,” the Indian police still employ torture and humiliation as methods of interrogation today.

Encounter Law in India

• No specific law: There is no specific encounter law in India. But there are certain situations described by the Indian Penal Code in which a civilian or a government entity can take another person’s life.
• Only in self-defence: The law allows the state authorities to kill another person during an investigation only when it’s a matter of self-defence. There are provisions in the Indian Penal Code citing the same.
• IPC Section 100: states that a person can take another person’s life only in the following situations:
• If the assault leads to another death otherwise or a very serious injury as a consequence.
• If the assault is carried out with the intent of rape, satisfying unnatural lust, or kidnapping.
• If the assault is carried out with the intent of wrongfully trapping a person, where he cannot seek the help of public authorities for his liberation.

What is the legislative status in India?

• No Legislation – No law in India exclusively defines encounter killings.
• Indian Penal Code – Sections 96-106 of the Indian Penal Code, 1860 deal with the Right to Private Defence. Under these sections, death in an encounter will not amount to a criminal offence, when it is done in self-defence.
• CrPC – Section 46 of the Criminal Procedure Code (CrPC), 1973 allows police officers to use any degree of force which is required to arrest the accused or prevent the accused from escaping.
• Supreme Court judgment: The Supreme Court in Om Prakash Vs the State of Jharkhand (2012) stated that extra-judicial killings are not recognized as legal by our criminal justice administration system and amount to State-sponsored terrorism.

Constitutionality of Extra-Judicial Killings

• Extra-judicial killings also serve as an attack on the fundamental rights of the citizens. The fundamental rights which are violated because of these unlawful killings are:
• Article 21– the right to life and personal liberty except according to procedure established by law.
• Article 22– the right to be protected against arrest and detention.

The Reason for Extra-judicial Killings

• Support from politicians: Indian political leaders occasionally tout the accomplishments of their state police in keeping the region’s peace, such as the number of encounters they have recorded.
• Support from the masses: People in general once in a while upholds these experience killings since they feel that the legal executive cannot make an opportune judgment.
• Work stress: When wrongdoing is perpetrated, the police need to pursue settling it. Because there are approximately 150 police officers for every one million people in India, the police are frequently understaffed.
• Weak human rights organizations: When it comes to criticizing the killings, the State Human Rights Commission (SHRC) and the National Human Rights Commission (NHRC) are not as effective as they should be.
• Rewards for encounters: The experience encounter executioners are compensated with monetary rewards, grants and motivators to lead the kills.
• Glorification of extra-judicial killings: The encounter killers are sometimes viewed by the general public as heroes who are punishing criminals. In Bollywood films, extrajudicial killings are glorified by having the hero engage in a confrontation and claim it to be justice.

What is the status of extra-judicial killings in India?

• 5-fold increase: A report states that the number of encounter killings has nearly multiplied by five over the past six years.
• In the six years between 2016-17 and 2021-22, India’s registration of encounter-killing cases decreased by 15%.
• From 2016 to 2021, India recorded 813 encounter killings. Between 2021 and 2022, the number of cases increased by 69.5 per cent.
• While there was a critical drop in these cases during the pinnacle of the Coronavirus pandemic – from 112 of 2019-’20 to 82 in 2020-’21 – there was a 69.5% spike the following year with 139 cases.

State-wise analysis:

• In their unofficial “Operation Langda” mission, the Uttar Pradesh Police shot and wounded more than 3,300 criminals in 8,472 encounters.
• Chhattisgarh had the most extrajudicial killings with 259 in the six years since April 2016, followed by Uttar Pradesh with 110 and Assam with 79.
• In the past six years, the number of extrajudicial killings in Uttar Pradesh has more than doubled.

Why do encounter killings receive the support of the masses?

• The common man in India is very unsatisfied with the long and tiring police investigations and judicial procedures. Sometimes, the accused are not punished because of the absence of proof or are given less severe than they deserve.
• In such a situation, many believe that encountering killings are a way to speedy justice.

A negative outcome of these killings

• Loss of life: The most obvious negative outcome of a fake encounter is the loss of life of an innocent person. If the police use excessive force or fake evidence, they can end up killing an innocent person.
• Violation of human rights: A fake encounter by the police is a violation of the fundamental human right to life. It is also a violation of the right to a fair trial and due process of law.
• Damage to public trust: When the police are found to have been involved in a fake encounter, it can damage public trust in law enforcement. This can lead to increased mistrust and hostility towards the police.
• Increase in crime: If the public loses trust in the police, they may be less likely to cooperate with law enforcement in investigations. This can lead to an increase in crime and a decrease in public safety.
• Rise of a retributive society: such incidents lead to the rise of revenge feelings against society, government and police leading to rise of new criminals.

How to control extra-judicial killings?

NHRC Guidelines

• In March 1997, Justice M. N. Venkatachaliah (the then chairperson of the NHRC), asked all states and UTs to ensure that police follow the following set of guidelines in cases of encounter killings:
• Launching an FIR: At the point when the responsible for a Police headquarters gets data about the passings in an experience, he will keep that data in the proper register.
• Proper Investigation: The information that is received shall be deemed sufficient to constitute a suspicion, and immediate action must be taken to investigate the relevant facts and circumstances that led to the death in order to determine, if any, the nature and perpetrator of the offense.
• Compensation if found innocent: It tends to be allowed to the wards of the departed when the cops are indicted based on the after-effects of the examination.
• Independent Organization: It is appropriate to refer the cases for investigation to some other independent investigation agency, such as State CID, whenever the encounter party consists of police officers from the same police station. These guidelines were extended in 2010 by the NHRC to include:
• Authoritative Test: An authoritative inquiry should be held in all instances of death which happen throughout police activity, as quickly as could be expected (ideally in three months or less).
• Making a Commission Report: Within 48 hours of death, the Senior Superintendent of Police/Superintendent of Police of the District is required to report any police-related deaths to the Commission.
• Within three months, a second report containing information such as a post-mortem report and findings must be submitted to the Commission in all instances.

Supreme Court 16-point guidelines

• In 2014, the Supreme Court in the PUCL Vs State of Maharashtra case formulated 16-point guidelines on extra-judicial killings. Some of the guidelines include prompt action, FIR registration, independent investigation etc. The National Human Rights Commission (NHRC) has also laid down strict guidelines that government officials must follow in the case of extra-judicial killing.

Way Forward

• For the credibility of the rule of law to be maintained, encounter killings must be thoroughly investigated.
• The state government is responsible for upholding the rule of law and instructing police officers on how to handle unforeseen circumstances and safeguard those in custody.
• In addition, the criminal justice system must be completely overhauled and necessary police reforms must be implemented.
• Respect for human rights must be instilled in officers involved in the increasing number of encounter killings.
• UN Convention against Torture – India should take immediate measures to ratify UN Convention against Torture and the enactment of the Prevention of Torture Bill, 2017.
• Strict Implementation – Ensure the strict implementation and monitoring of the Supreme Court and the NHRC guidelines on fake encounter deaths.

Conclusion

• ‘The rule by gun’ should not be preferred to ‘the rule of law’. The fundamental premise of the rule of law is that every human being, including the worst criminal, is entitled to basic human rights and due process.
• Unless it is for self-defense, all extra-judicial killings are otherwise unacceptable in a society of law.
• The need of the hour is to rebuild the lost trust in the justice delivery mechanism in the country and fast-track the process.
• We must recall what the Supreme Court said in the Salwa Judum case (2011):

The primordial value is that it is the responsibility of every organ of the State to function within the four corners of constitutional responsibility. That is the ultimate rule of law.

Context

• In a surprise move, the Indian central bank decided to pause its consecutive rate hikes and keep the benchmark repo rate at 6.50%.
• The decision taken by the monetary policy committee (MPC) is a unanimous one despite inflation still beyond tolerance levels and downside risks from global economic activity.
• Thus, this edition of the burning issue will talk about this hike pause and the mechanism of inflation targeting.

Background: Evolution of Inflation Targeting Framework

Phase One: Non-Statutory Inflation Control By RBI

• Non-statutory: This Phase was marked by a Non-statutory inflation mechanism by RBI which included changes in several policy rates such as cash reserve ratio, and statutory liquidity ratio to maintain inflation.
• Limitation: The mechanism lacked in several points such as lack of transparency in decision-making, uncertainty in the market about rates and inflation etc. Thus, the government shifted to Inflation targeting.

Phase Two- The MPC and The Beginning of the Inflation Targeting Era

What is the Monetary policy committee (MPC)?

• Monetary policy refers to the policy of the central bank with regard to the use of monetary instruments under its control to achieve the goals specified in the Act.
• Six-member committee: Under Section 45ZB of the amended (in 2016) RBI Act, 1934, the central government is empowered to constitute a six-member Monetary Policy Committee (MPC).
• The primary objective: Section 45ZB of RBI Act, 1934 sets the objective of the RBI’s monetary policy to maintain price stability while keeping in mind the objective of growth.
• A Monetary policy committee was formed to decide the Key policy rates.
• Objective: Further, Section 45ZB lays down that “the Monetary Policy Committee shall determine the Policy Rate required to achieve the inflation target”.

Flexible Inflation Targeting Framework

Now, there is a flexible inflation-targeting framework in India (after the 2016 amendment to the Reserve Bank of India (RBI) Act, 1934).

What is Inflation Targeting? 

• Inflation targeting is a central banking policy that revolves around adjusting monetary policy to achieve a specified annual rate of inflation.  
• Inflation targeting was first adopted in New Zealand and subsequently by 33 other countries. India adopted it in 2016.
• The amended RBI Act, 1934 provided for the INFLATION TARGET (4% +-2%) to be set by the Government of India, in consultation with the Reserve Bank, once in every five years.

3 Stances of RBI under Inflation Targeting

1. ‘Accommodative’ 

• An accommodative stance means the central bank is prepared to expand the money supply to boost economic growth. The central bank, during an accommodative policy period, is willing to cut interest rates. A rate hike is ruled out.

2. ‘Neutral’

• A ‘neutral stance’ suggests that the central bank can either cut rate or increase rate. This stance is typically adopted when the policy priority is equal on both inflation and growth.

3. ‘Hawkish’

• A hawkish stance indicates that the central bank’s top priority is to keep inflation low. During such a phase, the central bank is willing to hike interest rates to curb the money supply and thus reduce the demand.

How inflation and rate hikes are linked?

• When there is a shortage of funds, commercial banks borrow money from the central bank which is repaid according to the repo rate applicable.
• The central bank provides these short terms loans against securities such as treasury bills or government bonds.
• This monetary policy is used by the central bank to control inflation or increase the liquidity of banks.
• The government increases the repo rate when they need to control prices and restrict borrowing.
• An increase in repo rate means commercial banks have to pay more interest for the money lent to them and therefore, a change in repo rate eventually affects public borrowings such as home loans, EMIs, etc.
• From interest charged by commercial banks on loans to the returns from deposits, various financial and investment instruments are indirectly dependent on the repo rate.

Why RBI hiked rates previously?

• Global economic volatility due to the Ukraine war since March 2022 supply chain disruptions for a number of items.
• Record high inflation throughout a major period during 2022 has prompted the RBI to make multiple policy rate hikes.

Impact:

• The RBI has raised the repo rate by 250 basis points (bps) since May 2022, thereby increasing the External Benchmark Linked Interest Rates, EBLR by 250 bps.
• Banks have also raised the lending rate linked to the marginal cost of funds-based lending rate (MCLR) in the past 11 months.
• Last year, the Consumer price index (CPI) hit its highest of 7.79% in Apr, and the wholesale price index (WPI) reached 15.88% in May 2022.

Why RBI has now paused hikes?

• Decreasing inflation: The country’s retail inflation, which is measured by the consumer price index (CPI), slipped 16-month low of 5.66% in Mar. 2023.
• Inflation data on the Wholesale Price Index (WPI), which calculates the overall prices of goods before selling at retail prices, was at 3.85% in Feb. 2023.
• May slow down growth and consumption: Concerns over slowing consumption and tepid private investment have been emerging in policy quarters, with many seeing high-interest rates as a crucial factor in dampening demand.
• Decrease in crude prices: Also, there has been a decrease in global crude prices and food inflation.
• Still risks are there: The RBI underlined risks from protracted geopolitical tensions, tight global financial conditions and global financial market volatility to its monetary policy outlook.

Will this pause be helpful or not?

(1) Yes

• The pause by the RBI will help favor the growth-inflation tradeoff towards the former.
• An increase in EMIs for different types of loans will also halt helping the middle class to cope with inflation.

(3) No

• Rates to remain high: In the backdrop of many global agencies lowering India’s growth forecasts for this financial year amid expectations of global economic slowdown and monetary tightening by other countries.
• No relief on debts: The interest rates of debts are already high and a pause on a hike will not bring down these interest rates and thus keep the debt costlier.

Effectiveness of Inflation Targeting

Successes

• Average inflation has declined: The average inflation rate measured through the GDP deflator has declined significantly in the inflation targeting regime.
• The average inflation, which was 5.69 per cent five years in the pre-inflation targeting period, has declined to 3.47 per cent in the last five years.
• CPI declined: Consumer Price Index inflation declined from 8.26 per cent during the 2011-2015 period to 4.99 per cent in 2016-2019, a 3.27 percentage point fall.
• This is highest among both inflation-targeting countries as well as those that did not adopt it.
• Enhanced transparency:  Monetary policy transparency in India has improved after the adoption of the inflation-targeting framework.

Failures

• Sole focus of inflation: However, some critics of inflation targeting feel that its sole focus on price stability ignores growth imperatives.
• Not much effective in India: In India, the agricultural sector and informal economy have a large share, which is not directly impacted by such rate hikes, thus rendering the hikes less effective.

Way forward

• The review committee should try to find out areas of further improvement in the monetary policy framework which will strengthen the MPC to achieve the inflation target.
• In the present framework, it is not clear which model the RBI uses to forecast inflation and GDP figures, so it should disclose the models used in forecasting as other inflation-targeting countries do.
• Further, the RBI may include a forecast of core inflation in the minutes.

Conclusion

• Central banks including the RBI are often accused of falling behind the curve. However, these are challenging times for central banks. Rate hikes operate with a lag. They also lead to a growth slowdown.
• Thus, RBI has to walk a tightrope to balance growth-inflation dynamics. The accountability measures incorporated in the inflation targeting framework ensure that the focus on inflation management is not lost.

Context

• The BRICS collective, comprising Brazil, Russia, India, China and South Africa, is working on a common currency in an attempt to ditch the US dollar and push back against America’s dominance.
• The move comes as Moscow and Beijing call for de-dollarisation in the face of Western sanctions.
• In this context, this edition of the burning issue will elaborate on this idea of de-dollarisation.

Background of the news

• The US dollar has been the official currency for international trade for years now. However, in recent times there have been talks of creating a new currency in an attempt to dump the dollar and push back against American hegemony.
• This de-dollarisation has received a boost in recent times, especially after the Russia-Ukraine war began last February.
• This movement received further impetus when the news broke out that the BRICS nations are in the process of creating a new medium for payments — established on a strategy that “does not defend the dollar or euro”.

About US Dollar: The Global Currency

• The U.S. dollar has been the world’s dominant currency since the end of World War II.
• Roughly half of the international trade, international loans, and global debt securities are denominated in USD.
• The USD became the official reserve currency of the world in 1944. The decision was made by a delegation from 44 Allied countries called the Bretton Woods Agreement.
• Despite the challenges faced by the US economy due to fiscal and external deficits of the 1980s, the dollar’s share of global reserves remained steady and reserves even grew as time progressed.
• The dominance of the dollar is backed by strong and highly credible institutions, deep markets and the fact that it is freely convertible.
• Almost 40% of the world’s debt is issued in dollars. As a result, foreign banks need a lot of dollars to conduct business. This became evident during the 2008 financial crisis.

What is de-dollarisation?

• The US dollar has been called the king of currency. It became the official reserve currency of the world in 1944. The decision was made by a delegation from 44 Allied countries called the Bretton Woods Agreement.
• Since then, the dollar has enjoyed a powerful status in the world. It has given the US a disproportionate amount of influence over other economies. In fact, the US has for long used the imposition of sanctions as a tool to achieve foreign policy goals.
• However, not everybody likes playing by US rules and countries like Russia and China have called a halt to dollar hegemony. This process is called DE-DOLLARISATION — and it refers to reducing the dollar’s dominance in global markets. It is a process of substituting the US dollar as the currency used for trading oil and/or other commodities.
• To punish Russia for its invasion of Ukraine, western governments froze $300 billion of Russia’s foreign currency reserves last year, roughly half the total, and expelled Russian banks from the Swift international payments system.
• As Jason Hollands, managing director of investment platform Bestinvest, explains, “The so-called DOLLAR “WEAPONISATION” has rattled many countries and not just Russia.”

Some recent examples

• Countries willing to continue to trade with RUSSIA, like India and China, have started doing so in rupees and yuan instead, triggering talk of the de-dollarisation of the international trading order.
• BRAZIL and CHINA are now trading with each other in yuan, helping to establish the Chinese renminbi as an international currency and dollar challenger.
• INDIA too has been trying to move away from the dollar. Recently, 18 countries, including UK, Germany, Russia and even the United Arab Emirates, have been given permission to trade in Indian rupees. In February, noted economist Nouriel Roubini had said that the Indian rupee over time could become one of the global reserve currencies in the world.
• Taking this forward, the BRICS collective —is also mulling over creating a new currency to facilitate trade. It is reported that the new financial agreement could be seen as soon as in August when the countries meet for their annual summit in South Africa.

Proponents of de-dollarization

• Reduce dependence on US: The proponents of de-dollarisation say that this process would reduce other countries’ dependence on the US dollar and the US economy.
• Decouple from US Economy shocks: It could help mitigate the impact of economic and political changes in the US on their own economies.
• Improve economic stability: countries can reduce their exposure to currency fluctuations and interest rate changes, which can help to improve economic stability and reduce the risk of financial crises.
• Reducing share in forex: In 2022, the International Monetary Fund noted that central banks today are not holding the greenback as reserves in the same quantities as yesteryear. The dollar’s share of global foreign-exchange reserves fell below 59 per cent in the final quarter of last year.

Impact of de-dollarization

• Decrease in demand for the U.S. dollar: If more countries switch to using their own currencies or other currencies (e.g. euro, yuan) in international transactions, the demand for U.S. dollars could decrease. This could potentially lead to a decrease in the value of the dollar relative to other currencies, which could make imports more expensive for the United States and reduce the purchasing power of Americans abroad.
• Reduced role of the United States in the global financial system: If the U.S. dollar loses its status as the world’s reserve currency, the United States could lose some of its power and influence in global financial affairs. This could potentially weaken the U.S. economy and reduce its ability to borrow money at favorable rates.
• Increased volatility in currency exchange rates: As more countries move away from the U.S. dollar, there could be increased volatility in currency exchange rates, which could make international trade more difficult and expensive.
• Potential benefits for other currencies: If the U.S. dollar loses some of its dominance, other currencies (such as the euro or yuan) could potentially benefit from increased demand and become more widely used in international transactions.
• Volatility in global markets: As the demand for the US Dollar is decreasing in the world, US bonds are also falling, and in order to make them float, banks like SVB have no solution but to offer higher interest rates, which burn holes in their liquidity and thus causing their collapse. Such collapse impacts the world economy,

What is India’s plan: Internationalisation of the Rupee

• The process of increasing the use of local currency in cross-border transactions is known as the internationalization of the rupee. Promoting the rupee for use in import and export trade, other current account transactions and capital account transactions are all components of this strategy.
• Recently, a deputy governor of the Reserve Bank of India (RBI) emphasized the benefits and dangers of the rupee’s internationalization. The RBI has also launched a mechanism in July 2022 to make rupee-based international trade easier.
• About 35 nations have expressed an interest in learning more about how the rupee trade mechanism works. India would save money on foreign exchange if it were able to begin rupee trade even with some of them.

Advantages

• Indian businesses can reduce currency risk by using the rupee in cross-border transactions. Security from cash instability not just lessens the cost of carrying on with work, it likewise empowers better development of business, working on the opportunities for Indian business to universally develop.
• India will be less susceptible to external shocks if it reduces its reliance on foreign currency. For instance, during periods of financial fixing in US and reinforcing dollar, unreasonable unfamiliar cash liabilities of homegrown business bring about a true homegrown fixing. The impact of capital flow reversals would be significantly lessened if currency risk was reduced.
• It lessens the requirement for holding unfamiliar trade saves. Reserves cost the economy, but they help control exchange rate volatility and project external stability.
• The bargaining power of Indian businesses would increase as the rupee becomes more important, adding weight to the Indian economy and enhancing India’s global standing and respect.

Challenges

• A diminished role for convertible currencies in external transactions may result in lower reserve accretion.
• However, if the trade deficit is funded in rupees, the requirement for reserves would also decrease.
• Rupee holdings held by non-residents might make it harder for domestic financial markets to absorb stimulus from outside the country, which would raise volatility.
• Non-residents, for instance, might convert their Rupee holdings and leave India during a global risk-off period.

Conclusion

• India is looking into signing rupee trade agreements with some countries, particularly those with deficit-ridden economies. India would benefit from payments being made in rupees when imports are greater than exports.
• At the moment, the US dollar is the currency of choice for international trade. Because of this, the value of the dollar can affect trade between countries. India’s reliance on the US dollar will be lessened by transactions in rupee.
• Even though the current situation prevents the rupee from becoming a reserve currency like the US dollar, it is a small first step. The prospects for bilateral trade with India will improve as more nations begin to invoice in rupees for their exports and imports.

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Context

• The Ministry of Education has released a pre-draft version of the National Curriculum Framework (NCF) for School Education. It will be the second in the series of 4 curriculum frameworks to be launched.
• In this context, this edition of The Burning issue will elaborate on this new Curriculum framework.

Background

• The Union Education Ministry launched the National Curriculum Framework for the foundational stage of education of children in the three to eight years age group in October 2022.
• The NCF has four sections –
  • National Curriculum Framework for School Education,
  • National Curriculum Framework for Early Childhood Care and Education,
  • National Curriculum Framework for Teacher Educatio
  • National Curriculum Framework for Adult Education.
    
    

What is the NCF 2023?

• It is a comprehensive framework for school education in India. It provides guidelines for the development of curricula and syllabi, textbooks, and teaching practices for schools in India.
• It is developed by the National Council of Educational Research and Training (NCERT), an autonomous organization under the Ministry of Education.
• It AIMS to promote a child-centred, activity-based approach to learning that focuses on the development of knowledge, skills, and values.
• The first NCF was developed in 1986 and subsequently revised in 2000 and 2005.
• The latest pre-draft version of NCF for School Education was released by the Ministry of Education in April 2023. It will cover age groups 3 to 18 years.
• The framework has been developed by the National Steering Committee set up by the Ministry to undertake and develop NCFs under the chairmanship of K. Kasturirangan.
• The NCF says its five parts are based on the ‘PANCHAKOSHA’ CONCEPT’, these are:
  • Physical development (sharirik vikas),
  • Development of life energy (pranik vikas),
  • Emotional and mental development (manasik vikas),
  • Intellectual development (bauddhik vikas) and
  • Spiritual development (chaitsik vikas).
• The NCF (National Curriculum Framework) is an important step taken to implement the New Education Policy 2020.

Some issues with the Indian education system

• Poor learning outcomes: According to the Annual Status of Education Report (ASER) 2019, only 26.8% of Class 3 students in rural India can read a Class 2 level text, and only 41.1% of Class 5 students can do basic arithmetic. These figures highlight the poor learning outcomes in many schools.
• High dropout rates: The dropout rate at the primary level (Class 1-5) is 4.3%, while at the upper primary level (Class 6-8) it is 17.1%. This suggests that a significant number of students are not completing their basic education.
• Shortage of teachers: The Right to Education Act mandates a pupil-teacher ratio of 30:1, but as of 2020, many states have failed to meet this requirement. For instance, Bihar has a ratio of 38:1, Uttar Pradesh has a ratio of 41:1, and Jharkhand has a ratio of 42:1. This shortage of teachers can affect the quality of education.
• Inadequate infrastructure: Many schools in rural areas lack basic facilities such as clean drinking water, toilets, and playgrounds. According to ASER 2019, only 71.9% of schools in rural areas have usable toilets, and only 54.3% have access to drinking water.
• Rote learning: The National Achievement Survey (NAS) 2017 found that only 33% of Class 8 students could solve a real-life mathematical problem, and only 43% of Class 10 students could understand a concept in science. This suggests that rote learning is still prevalent in many schools.
• Lack of ethical education: The science and commerce-focused education system lacks ethical education leading to the creation of a good ‘workforce’ rather good human beings and citizens.
• Archaic curriculum and textbooks: The NCERT textbooks were majorly revamped almost half and a decade ago. The NCF calls for a revamping of the curriculum as well as the school textbooks to ease the burden on students and make them up to date.

Key features of the Draft NCF 2023

Values and Roots

• A key part of the document is the inclusion of values and their “rootedness” in India.
• The pre-draft says that the framework is deeply rooted in India in content and learning of languages, in the pedagogical approaches including tools and resources, and in philosophical basis — in the aims and the epistemic approach.
• The document further says that it leans towards making students acquainted with true sources of knowledge, which have been a philosophical preoccupation of ancient Indians.
• These sources focus on SIX PRAMANAS: pratyaksa, anumana, upamana, arthapatti, anupalabdhi, and sabda.

Moral Development

• A part of the document focuses on the moral development of a child through PANCHAKOSHA VIKAS or five-fold development.
• The pre-draft recommends DEVELOPING MORAL VALUES for the child through a balanced diet, traditional games, yoga asanas, as well as a wide variety of stories, songs, lullabies, poems, and prayers to develop a love for cultural context.

Curriculum revamp

• The pre-draft says that for Grade 10 certification, students will have to take two essential courses from humanities, maths and computing, vocational education, physical education, arts education, social science, science, and interdisciplinary areas.
• In Grades 11 and 12, students will be offered CHOICE-BASED COURSES in the same disciplines for more rigorous engagement.
• Arts education will include music, dance, theatre, sculpture, painting, set design, and scriptwriting, while interdisciplinary areas will include knowledge of India, traditions, and practices of Indian knowledge systems.
• For Class 11 and 12, the document states that “MODULAR BOARD EXAMS” will be offered as opposed to a single exam at the end of the year, and the final result will be based on the cumulative result of each exam.”

Social Science Curriculum

• The pre-draft emphasizes understanding and appreciating the Feeling Of Indianess, “Bhartiyata,” by valuing the rich cultural heritage and tradition of the country.
• The pre-draft also stresses identifying and explaining important phases of the Indian national movement against British rule, with special reference to Gandhian and other subaltern movements.
• It also recommends teaching concepts of Buddhism, Jainism, and Vedic and Confucian philosophies.

Possible positive outcomes: How does NCF’23 solve the challenges of the Indian Education system?

• Inter-disciplinary education: the provision of choice to students of different streams to choose subjects of other streams (science students taking up humanities subjects and visa versa) will help in building interdisciplinary knowledge of students rather than just one stream.
• Inculcation of Values and Roots: The framework emphasizes the importance of values and their “rootedness” in India. This can help students develop a strong sense of identity and cultural pride.
• Moral Development of Students: The pre-draft focuses on the moral development of a child through various activities such as a balanced diet, traditional games, yoga, and exposure to cultural context through stories, songs, and prayers. This can help students develop a well-rounded personality.
• Better designed and updated curriculum: The framework offers a more flexible and diverse curriculum for students, allowing them to choose essential courses from various disciplines such as humanities, maths, computing, vocational education, physical education, arts education, social science, science, and interdisciplinary areas. The modular board exams and the stress on interdisciplinary areas can also promote critical thinking and problem-solving skills among students.
• Expand the horizon of thinking of students: The framework emphasizes the understanding and appreciation of Indian culture and heritage, as well as important phases of the Indian national movement against British rule, including subaltern movements. It also recommends teaching concepts of Buddhism, Jainism, and Vedic and Confucian philosophies, which can broaden students’ perspectives and enhance their understanding of the world.

Some Issues with the Policy

• The NCF falls short of telling anything about technical education and how the schools, textbooks and teachers will adjust in the era of rising disruptive technologies like Artificial intelligence specially Chat-GPT.
• With 8 small board examinations over the year rather than one, the burden and fear of board examinations will increase, putting students under the pressure to study and perform throughout the year.
• The issue with the change in curriculum: several opposition parties have raised their voices against the changes being proposed in school textbooks.

Controversy over curriculum revamp

• The latest round of textbook rationalization has resulted in some of the most sweeping changes in the curriculum since the NDA government came to power.
• These changes include removing all references to the 2002 Gujarat riots, reducing content related to the Mughal era and the caste system, and dropping chapters on protests and social movements.
• Many of these changes are seen as ‘political’, however, their earlier introduction into the curriculum was also a political move.

Furore over Mughal History

• While some of the content on the Delhi Sultanate and the Mughal Empire has indeed been removed from the history textbook for Class 7, the Mughals have not entirely disappeared.
• For instance, the chapter ‘The Mughal Empire’ in the Class 7 history textbook, Our Pasts – II, has undergone deletions — including a two-page table on the milestones and achievements of the reigns of the emperors Babur, Humayun, Akbar, Jahangir, Shah Jahan, and Aurangzeb. However, the chapter itself has not been removed.
• Students of Class 7 will continue to learn about the Mughals, though in lesser detail.

Conclusion

• In conclusion, the National Curriculum Framework 2023 provides a comprehensive approach to education that emphasizes the importance of values, rootedness in Indian culture, and the moral development of students.
• But it still falls short on several parameters. Thus, the draft needs to be thoroughly revisited by opening to its public comments and suggestions to incorporate other important things like learning new technologies, so as to make Indian students updated, educated and technically sound.

Context

• Union Minister of Commerce and Industry Shri Piyush Goyal recently launched the Foreign Trade Policy 2023. The policy had been under discussion for a long time and has been formulated after multiple stakeholder consultations.
• In this context, this edition of the Burning Issue will elaborate on this new policy. The topic is relevant for the upcoming Prelims examination (export-import related data, facts and schemes) as well as for the Mains examination 2023 under GS-3 topic.

About Indian exports

• India’s overall exports, including services and merchandise exports, have already crossed US$ 750 Billion and are expected to cross US$ 760 Billion this year.
• Also, the value of India’s exports in the financial year 2021-22 hit 400 billion dollars which translated into a growth of about 41% from the pandemic-hit year of 2020-21.

Background of the policy

• Foreign Trade Policy (2023) is a policy document that is based on the continuity of time-tested schemes facilitating exports as well as a document that is nimble and responsive to the requirements of the trade.
• It is based on principles of ‘trust’ and ‘partnership’ with exporters. In the FTP 2015-20, changes were done after the initial release even without the announcement of a new FTP responding dynamically to emerging situations.
• Hereafter, the revisions of the FTP shall be done as and when required. Incorporating feedback from Trade and Industry would also be continuous to streamline processes and update FTP, from time to time and also make export scheme WTO rules compliant.

Aims and objectives of the new policy

• The FTP 2023 AIMS AT process re-engineering and automation to facilitate ease of doing business for exporters. It also focuses on emerging areas like dual-use high-end technology items under SCOMET, facilitating e-commerce export, and collaborating with States and Districts for export promotion.
• To increase exports and GET MORE DEEPLY INVOLVED IN THE GLOBAL VALUE CHAIN. Given the size of the Indian economy and manufacturing & service sector base, the potential for the country to grow is manifold.
• The Key Approach to the policy is based on these 4 PILLARS:
  • Incentive to Remission, 
  • Export promotion through collaboration – Exporters, States, Districts, Indian Missions,
  • Ease of doing business, reduction in transaction cost and e-initiatives and
• Emerging Areas – E-Commerce Developing Districts as Export Hubs and streamlining SCOMET policy.

Key highlights of the policy

• Process Re-Engineering and Automation: Greater faith is being reposed on exporters through automated IT systems with risk management systems for various approvals in the new FTP. The policy emphasizes export promotion and development, moving away from an incentive regime to a regime which is facilitating, based on technology interface and principles of collaboration.
• Towns of Export Excellence: Four new towns, namely Faridabad, Mirzapur, Moradabad, and Varanasi, have been designated as Towns of Export Excellence (TEE) in addition to the existing 39 towns. The TEEs will have priority access to export promotion funds under the MAI scheme and will be able to avail Common Service Provider (CSP) benefits for export fulfillment under the EPCG Scheme.
• Recognition of Exporters: Exporter firms recognized with ‘status’ based on export performance will now be partners in capacity-building initiatives on a best-endeavor basis. Similar to the ‘each one teaches one’ initiative, 2-star and above status holders would be encouraged to provide trade-related training based on a model curriculum to interested individuals.
• Promoting export from the districts: The FTP aims at building partnerships with State governments and taking forward the Districts as Export Hubs (DEH) initiative to promote exports at the district level and accelerate the development of a grassroots trade ecosystem. Efforts to identify export-worthy products & services and resolve concerns at the district level will be made through an institutional mechanism – State Export Promotion Committee and District Export Promotion Committee at the State and District level, respectively.
• Streamlining SCOMET Policy: India is placing more emphasis on the “export control” regime as its integration with export control regime countries strengthens. There is a wider outreach and understanding of SCOMET (Special Chemicals, Organisms, Materials, Equipment and Technologies) among stakeholders, and the policy regime is being made more robust to implement international treaties and agreements entered into by India.
• Facilitating E-Commerce Exports: FTP 2023 outlines the intent and roadmap for establishing e-commerce hubs and related elements such as payment reconciliation, bookkeeping, returns policy, and export entitlements. As a starting point, the consignment-wise cap on E-Commerce exports through courier has been raised from ₹5Lakh to ₹10 Lakh in the FTP 2023.
• Merchanting trade: To develop India into a merchanting trade hub, the FTP 2023 has introduced provisions for merchanting trade. Merchanting trade of restricted and prohibited items under the export policy would now be possible. Merchanting trade involves the shipment of goods from one foreign country to another foreign country without touching Indian ports, involving an Indian intermediary. This will be subject to compliance with RBI guidelines, and won’t be applicable for goods/items classified in the CITES and SCOMET list.
• Amnesty Scheme: Finally, the government is strongly committed to reducing litigation and fostering trust-based relationships to help alleviate the issues faced by exporters. In line with “Vivaad se Vishwaas” initiative, which sought to settle tax disputes amicably, the government is introducing a special one-time Amnesty Scheme under the FTP 2023 to address default on Export Obligations. This scheme is intended to provide relief to exporters

Current Export Schemes And Changes In Them w.r.t  NFT Policy 2023

(A)Facilitation under the Export Promotion of Capital Goods (EPCG) Scheme

• The EPCG Scheme, which allows the import of capital goods at zero Customs duty for export production, is being further rationalized. Some key changes being added are:
  • Prime Minister Mega Integrated Textile Region and Apparel Parks (PM MITRA) scheme has been added as an additional scheme eligible to claim benefits under the CSP(Common Service Provider) Scheme of Export Promotion Capital Goods Scheme(EPCG).
  • Dairy sector to be exempted from maintaining Average Export Obligation – to support the dairy sector to upgrade the technology.
  • Battery Electric Vehicles (BEV) of all types, Vertical Farming equipment, Wastewater Treatment and Recycling, Rainwater harvesting system and Rainwater Filters, and Green Hydrogen are added to Green Technology products – will now be eligible for reduced Export Obligation requirements under EPCG Scheme

(B)Facilitation under the Advance authorization Scheme

• The advance authorization Scheme accessed by DTA units provides duty-free import of raw materials for manufacturing export items and is placed at a similar footing to EOU and SEZ schemes.
• However, the DTA unit has the flexibility to work both for domestic as well as export production. Based on interactions with industry and Export Promotion councils, certain facilitation provisions have been added to the present FTP such as
  • Special Advance Authorisation Scheme extended to export of Apparel and Clothing sector under para 4.07 of HBP on the self-declaration basis to facilitate prompt execution of export orders – Norms would be fixed within a fixed timeframe.
  • Benefits of Self-Ratification Scheme for fixation of Input-Output Norms extended to 2 star and above status holders in addition to Authorised Economic Operators at present.

Possible positive outcomes of the scheme

• Supporting MSME’s to grow: TP 2023 codifies implementation mechanisms in a paperless, online environment, building on earlier ‘ease of doing business’ initiatives. Reduction in fee structures and IT-based schemes will make it easier for MSMEs and others to access export benefits.
• Creating new export centres: Addition of new towns for export excellence is expected to boost the exports of handlooms, handicrafts, and carpets.
• Educating exporters: This will help India build a skilled manpower pool capable of servicing a $5 Trillion economy before 2030. Status recognition norms have been re-calibrated to enable more exporting firms to achieve 4 and 5-star ratings, leading to better branding opportunities in export markets.
• Provide access to dual-use High-end goods and technologies: A robust export control system in India would provide access of dual-use High-end goods and technologies to Indian exporters while facilitating exports of controlled items/technologies under SCOMET from India.
• Growth of GIFT city: In course of time, this will allow Indian entrepreneurs to convert certain places like GIFT city etc. into major merchanting hubs as seen in places like Dubai, Singapore and Hong Kong.
• Reduce litigation burden: The amnesty scheme is likely to provide relief to exporters as the interest burden will come down substantially. It is hoped that this amnesty will give these exporters a fresh start and an opportunity to come into compliance.

Limitation of NFT Policy

• Still, with global trade largely becalmed and the services sector facing headwinds of uncertainty in the key western markets, the FTP falls short in offering more substantive and sectorally targeted measures as well as a well-defined road map to meet the 2030 export target.

Conclusion

• The Foreign Trade Policy 2023 comes at a time of global uncertainty, but with India’s small share in global trade (around 1.8% in merchandise exports and roughly 4% in services), there is significant room for improvement.
• The new policy, along with additional measures, can enhance the country’s trade performance and achieve the ambitious $2 trillion export target by 2030. However, it is crucial to monitor the policy’s implementation and address potential challenges for businesses to fully reap the benefits.

Context

• The Right to Health Bill was recently approved by the Rajasthan legislative assembly. Rajasthan would become the first state in India to guarantee its citizens’ right to healthcare once the bill is announced.
• Being a torch-bearing step in providing better healthcare, this edition of the burning issue will elaborate on this new law and its criticalities. The topic is relevant for the GS-2 mains paper.

The Right to Health

• The World Health Organization (WHO) says that everyone has the right to health, which means they should be able to get the health care they need, when and where they need them, without having to worry about money. No one should get sick and die because they can’t get the health care they need or because they don’t have enough money.
• RTH is a fundamental human right that guarantees everyone the right to enjoy the highest attainable standard of physical and mental health.
• It is recognized as a crucial element of the right to an adequate standard of living and is enshrined in international human rights law.
• Other fundamental human rights, such as having access to clean water and sanitation, nutritious food, adequate housing, education, and safe working conditions, clearly determine good health.

Scope of RTH

RTH covers various health-related issues, including-

• Access to healthcare services, clean water and sanitation, adequate nutrition, healthy living and working conditions, health education, and disease prevention.
• Accessible, affordable, and quality healthcare services,
• Eliminating barriers to healthcare access
• Informed consent to medical treatment and accessing information about their health.

Right to Health relating to India

Provisions of the Constitution:

• The Constitution of India doesn’t explicitly ensure a basic right to well-being. However, the Constitution makes numerous mentions of public health and the state’s role in providing healthcare to citizens.

Under Directive Principles of State Policy:

• DPSPs: To a limited extent IV of the Indian Constitution gives a premise to one side of wellbeing.
• The State is obligated by Article 39 to ensure the health of workers.
• Article 47 imposes a responsibility on the state to raise people’s nutrition levels, the standard of living, and public health. Article 42 requires the state to provide maternity relief and just and humane working conditions.

Under Fundamental rights:

• Article 21 The Supreme Court of India in Bandhua Mukti Morcha v. Union of India & Ors. found that the Constitution of India did not explicitly recognize the right to health care. interpreted Article 21’s guarantee of the right to life, which covers the right to health.
• In Territory of Punjab and Ors. In the case of Mohinder Singh Chawla, the Supreme Court reiterated that the right to health is essential to the right to life and that the government was obligated by the Constitution to provide health services.

Article 243G: The Role of Panchayats and Municipalities

• The Constitution does not just oblige the State to upgrade general well-being, yet additionally blesses the Panchayats and Districts to fortify general well-being under Article 243G.

15th Commission on Finances:

• The 15th Finance Commission’s High-Level Group on the Health Sector recommended declaring the right to health a fundamental right in September 2019.
• Additionally, it proposed putting health on the Concurrent List rather than the State List.

Genesis of Right to Health

• In 1996, the Supreme Court held that the right to life (Article 21) included the right to health within its fold, and also pointed out the obligation of state governments to provide health services.
• Under the Constitution, public health and sanitation, including hospitals and dispensaries, come under the State List.
• In 2018, the National Commission on Human Rights (NHRC) drafted the Charter of Patient Rights to be implemented by state governments.
• Rajasthan runs certain schemes to ensure health coverage, including the Mukhyamantri Chiranjeevi Swasthya Bima Yojana, under which health coverage is provided in over 1,550 private and public hospitals across the state. Under the yojana, insurance coverage is also provided for certain types of treatment.

Features of the Rajasthan Right to Health Bill

• Free treatment: RTH gives every resident of the state the right to avail of free Out Patient Department (OPD) services and In-Patient Department (IPD) services at all public health facilities and select private facilities.
• Wider scope of healthcare: Free healthcare services will include consultation, drugs, diagnostics, emergency transport, procedures, and emergency care. However, there are conditions specified in the rules that will be formulated.
• Free emergency treatment: Residents are entitled to emergency treatment and care without prepayment of fees or charges.
• No delay in treatment: Hospitals cannot delay treatment on grounds of police clearance in medico-legal cases.
• State reimbursement of charges: After emergency care and stabilization, if patients do not pay requisite charges, healthcare providers can receive proper reimbursement from the state government.

Significance of the Bill

Frees from Unnecessary obligations:

• The Bill empowers patients to choose the source of obtaining medicines or tests at all healthcare establishments, which means that hospitals cannot insist on in-house medicines or tests.

Eliminates discriminatory healthcare structures:

• Article 15’s right to equality upholds non-discrimination based on religion, race, caste, gender, place of birth, and other factors. However, healthcare has become a privilege for a select few due to decades of inadequate investment in public health.
• To end discriminatory structures that will otherwise continue to perpetuate inequality in all spheres of life, including education, opportunity, wealth, and social mobility, the constitutional right to health is essential.

Enhance the health ecosystem as a whole:

• By passing a law that makes healthcare a right for everyone, the government would make it easier for people to demand better care and hold the government and healthcare workers accountable if they don’t get it.

Unique regulation and different instruments to fortify medical services:

• Special legislation, capable institutions, increased budgets, medical training and research, wellness and prevention, and service outreach will all be made possible by the Constitution’s right to health; thereby enhancing the health ecosystem as a whole.
• For instance, before the constitutional amendment that made it a fundamental right in and of itself, the right to education had also been held to be implicit to the right to life. 15 years ago, the primary school enrollment rate was thought to be impossible; today, it is over 95%.

Reduce expenses incurred out of pocket:

• The Economic Survey for 2022–23 reveals that patients continue to directly pay for almost half of all healthcare costs in India. The Right to Health aims to increase public spending while decreasing individual healthcare costs.

Challenges with the Right to Health ‘Pill’

• Insufficient infrastructure: India’s healthcare system lacks the fundamental infrastructure necessary to meet the needs of a large population. India, for instance, has only 8.5 beds for every 10,000 people. Also, the doctor-to-patient and nurse-to-patient ratios are significantly lower than WHO standards, which are 1/1000 for doctors and 3/1000 for nurses, respectively (1 per 1456 patients).
• The existing burden of schemes: Doctors are protesting against the RTH because they question the need for it when there are already schemes like Chiranjeevi that cover most of the population.
• Specialization concerns: They are also objecting to certain clauses, such as defining “emergency” and being compelled to treat patients outside their specialty as part of an emergency.
• Saving money on health care: India has the lowest public health spending as a percentage of GDP (1.6 percent). Among the BRICS nations, India has the lowest public health spending. Brazil has 3.96 percent, Russia has 3.16 percent, South Africa has 4.46 percent, and China has 3.02 percent.
• No detailing of the process: To the charge that there is no detailing of the process, health rights activists have pointed out that it would be a function of the Rules, not the law itself.
• Concerns pertaining to compensation: Healthcare providers have a problem with reimbursement delays. Additionally, there are complaints that the predetermined package rates for various medical procedures and treatments are not sufficiently profitable or do not cover the actual cost.
• A high rate of disease: Both communicable and non-communicable diseases like malaria, diabetes, and tuberculosis are prevalent in India. Healthcare infrastructure and resources require significant investment to combat these diseases.

Way Forward

• A fundamental shift in approach is required: We must fundamentally alter our healthcare approach. We must view it as a high-yield investment that can significantly reduce future out-of-pocket costs and also increase output rather than spending.
• Coordination among states and the centre: Without hindering cooperative federalism, which is an essential component of the Indian Constitution, there must be coordination between the center and the states on a crucial subject like health.
• More authority and assistance for states: The COVID-19 response by the Center and states reveals that health must remain on the State List, despite the importance of seamless coordination between the centers and states. Therefore, it is necessary to devolve authority and resources to states to improve their respective public health systems.
• Boost public spending: By 2025, India must increase its investment in healthcare resources and infrastructure to at least 2.5% of GDP.
• Improve transparency and accountability: Additionally, greater efforts could be made to improve transparency and accountability in the healthcare system, with a focus on educating patients about their rights.

Conclusion:

• Given the contentious nature of the Bill, all stakeholders need to come to the table and engage in constructive dialogue to resolve the issues at hand. It should involve liaisons between the government, doctors, patient advocacy groups, and other relevant stakeholders to discuss the concerns raised by all parties and identify potential solutions.
• This could be followed by a revision of the Bill, incorporating feedback and suggestions from all stakeholders, and a renewed effort to build consensus and support for the legislation.
• “The enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic condition, or social status,” as stated in the WHO constitution.

Context

• The towering Brahmapuram landfill in Kerala state is the country’s latest trash mountain to catch fire, causing dangerous heat and methane emissions.
• Landfill fires are becoming common in India with multiple incidents being reported increasing on yearly basis. In this context, this edition of the burning issue will expand on this issue. The topic is relevant for the GS-3 under environmental issues and urbanization.

What is the issue?

• Firefighters in the southern Indian city of Kochi were toiling to control toxic fumes from spreading after a landfill burst into flames for 5 days cloaking the area in a thick haze and choking residents.
• Authorities advised residents in the city of more than 600,000 to remain indoors or wear N95 face masks if they head outside. Schools were forced to close as a result of the pollution.
• While the fire has been largely put out, a thick cloud of smoke and methane gas continues to cover the area, reducing visibility and the city’s air quality while emitting a lingering, pungent odor.
• The matter even reached law corridors. Kerala High court also listed the case for hearing.

Brief about landfills

• Definition: A landfill is a site designated for the disposal of waste materials by burying them underground. The waste materials can include household and commercial garbage, industrial waste, and construction debris. Landfills are designed to contain waste and prevent it from contaminating the surrounding environment.
• History: The history of landfills dates back thousands of years to ancient civilizations such as the Greeks and Romans who used open dumps to dispose of their waste. However, the modern landfill as we know it today began to emerge in the late 19th century when cities started to grow and produce more waste. At that time, waste was often dumped in rivers or burned in open pits, leading to pollution and health hazards.
• Modern landfills: The first modern landfill was established in 1937 in Fresno, California, USA. It was a sanitary landfill designed to minimize the impact on the environment and protect public health. Since then, landfills have become the primary method of waste disposal in most developed countries, and their design and management have become more sophisticated to reduce their environmental impact.

Some recent landfill fire incidents

• Bhalswa landfill fire
• Perungudi dump yard fire
• Dadumajra landfill fire
• Ghazipur landfill fire

Waste generation in India

• Every year, 2.01 billion tonnes of municipal waste is generated. India produces 277 million tonnes of municipal solid waste every year, according to a 2016 estimate.
• Waste accumulation in Delhi and Bangalore has risen dramatically, by 1,850% and 2,175%, respectively, between 1999 and 2016.
• In India, 77% of waste is disposed of in open dumps, 18% is composted and just 5% is recycled.

Landfills in India: The ‘Man Made Mountains”

• Brahmapuram is just one of some 3,000 Indian landfills overflowing with decaying waste and emitting toxic gases. Most dumpsites are two to three decades old and currently receive 2,000 (Bhalswa) to 9,000 (Deonar) metric ton of solid waste daily.
• Landfill fires are becoming a big challenge for India’s urban civic bodies. In late April 2022, fires broke out in landfills in Chennai, Delhi and Chandigarh. Since 2015, the number of landfill fires in metropolitan cities has surged across India.
• Every Indian city has at least one man-made mountain where ‘waste’ generated in our homes and businesses ends up. About 90% of the staggering 150,000 metric ton of urban solid wastes generated every day make their way to such locations.
• These toxic sites are the dark underbelly of India’s bustling, glittering cities and are home and workplace for tens of thousands of people.

Causes of landfill fire

• Spontaneous Combustion: As organic waste decomposes, it generates heat, and if the temperature is not controlled, it can ignite the waste and start a fire.
• Lack of modern technologies: Only a few areas on large landfills have new and advanced waste management technology (like waste-to-energy, composting and refuse-derived fuel systems).
• Legacy dumps: remain problematic as the decomposition of decades-old mixed waste causes extreme water and air pollution.
• Chemical Reactions: Some waste materials, such as batteries or chemicals, can react with other waste materials, generating heat or flammable gases that can ignite.
• Landfill Gas Ignition: Landfill gas, which is produced by the decomposition of organic materials in the landfill, can be flammable and can ignite if exposed to a source of ignition such as a spark.
• Arson: Unfortunately, some people intentionally set fires at landfill sites, either for personal gain or as an act of vandalism.
• Electrical Faults: Electrical equipment used at landfill sites, such as machinery or lighting, can malfunction or short-circuit, causing a fire.

Issues with Indian landfills

• Unhygienic disposal: In India, more than 90% of the MSW generated finds its way to landfill sites, often in the most unhygienic manner possible. The landfilling process of the municipalities is the most unorganized one.
• Large methane emission: India creates more methane from landfill sites than any other country, according to GHGSat, which monitors emissions via satellites. Methane is the second most abundant greenhouse gas after carbon dioxide — but it is a more potent contributor to the climate crisis because it traps more heat.
• Not scientifically planned: In India, the meaning of landfilling process has changed to simply dumping the waste in areas outside the city without taking any kind of sanitary measures.
• Causes environmental problems: The landfills are meant for reducing the exposure between humans and the environment from toxic waste but it takes a toll on humans as we are exposed to the problems associated with the waste directly i.e from the soil and groundwater pollution. There are concerns regarding the flow of toxins in the food chain of birds and animals, fires and explosions, vegetation damage, unpleasant odor, landfill settlement, groundwater pollution, air pollution and global warming.
• The improper segregation: or lack of segregation facility at the waste generation site causes the accumulation of toxic waste mixture in landfills.
• Most fatal for ragpickers: The disposal of these toxic chemicals leads to the exposure of rag pickers to these chemicals. The rag picker’s only means of income is by collecting waste but they are not aware of the fact that this waste will be toxic for them, their health as well as their surrounding.
• Catches fire: The chaotic landfills act as a ticking bomb and could create havoc by catching fire anytime. The mountain of waste catches fire when it surmounts the saturation point and no longer withstands the heat due to the pilling up of waste.
• Causes of health problems: The health problems related to various emissions from landfills include high PM10 exposure, breathing problems, bacterial infections, asthma, elevated cardiovascular risk, and other infections.
• Source of diseases: In India scenario, open dumps are highly prevailing which causes the breeding of mosquitoes, flies, rats, cockroaches, and other pests. Some diseases are very common in the population living near the landfill site such as plague, histoplasmosis, murine typhus, malaria, dengue, West Nile fever, etc. as they are caused by the pests breeding in the landfills.

Challenges faced while addressing the problem of MSW in India:

• Lack of Funding to address the MSW problem
• The communication gap between central and state government
• Failure of waste-to-energy recovery
• Implementation of rules and regulations
• There is a prevalence of loopholes in the municipal corporations at every stage of waste management i.e from source to disposal
• There is a lack of manpower and an insufficient number of professionals in the waste management technology field.
• Lack of research and development for new technological practices

Rules related to landfills

• The Solid Waste Management Rules issued by the Ministry of Environment, Forest and Climate Change in 2016 state that only non-recyclable, non-biodegradable and non-combustible waste should go to a sanitary landfill.

SWM Rules, 2016 mandates:

• setting up solid waste processing facilities by all local bodies having a population of 1 lakh or more within two years.
• census towns and local bodies with a population of less than 1 lakh have to set up a common or stand-alone sanitary landfill within three years. Also, common, or regional sanitary landfills will have to be set up by all local bodies and census towns with a population under 0.5 million within the timespan of three years.
• bio‐remediation or capping of old and abandoned dumpsites within five years. Bio-remediation or capping involves treating organic waste and spreading the remaining waste uniformly, over the land. It is then covered with a geo-textile layer, a geo-membrane and one-metre of soil so that grass can be grown on it.
• As per the new rules, the landfill site should be 100 metres away from a river, 200 metres from a pond, 500 metres away from highways, habitations, public parks and water supply wells and 20 km away from airports or airbases. The guidelines recommend that the construction of landfills on hills should be avoided.

How to better manage landfills in India? Way forward

• Dedicated solid waste management cell: Each city needs a dedicated solid waste management cell with appropriately qualified and trained professionals who come with varied backgrounds ranging from social work, science, engineering, and public health.
• Waste management audits: Understanding the challenges in the implementation of SWM Rules are equally important, for the administration to take appropriate corrective actions.
• Reduce Waste Generation: The most effective way to manage landfills is to reduce the amount of waste generated in the first place. This can be achieved through reducing, reusing, and recycling.
• Separation of Waste: Separating waste at the source can help reduce the amount of organic waste that ends up in landfills, as organic waste can be composted instead. This separation can be achieved through education and awareness programs, as well as through the implementation of separate waste collection systems.
• Landfill Design and Construction: Landfills should be designed and constructed to minimize their environmental impact. This includes lining the landfill with impermeable barriers to prevent leachate from contaminating the surrounding environment and installing systems to collect and control landfill gas.
• Monitoring and Maintenance: Regular monitoring and maintenance of landfills are necessary to ensure that they are operating effectively and to identify and address any issues promptly.
• Waste-to-Energy Technologies: Waste-to-energy technologies, such as incineration or gasification, can be used to convert waste into energy, reducing the amount of waste that ends up in landfills.
• Education and Awareness Programs: Education and awareness programs can help to encourage individuals and businesses to adopt waste reduction and separation practices and promote responsible waste management.
• Proper implementation of schemes: Initiatives such as the Jal Jivan Mission-Urban, Swacch Bharat Mission-Urban whose objectives include universal coverage of water supply and sanitation and waste management should be implemented properly.
• The emerging ‘new waste economy’: focused on circular practices and resource recovery offers livelihood and entrepreneurial opportunities if waste sector workers are formally integrated into waste management services, as in the case of Ahmedabad, Bengaluru and Pune.

Conclusion

• Urban solid waste management must be reimagined to eliminate such toxic garbage mountains in the future and existing sites must be remediated. Indian cities from Bengaluru to Alappuzha are slowly shifting to decentralized solid waste management approaches with household and community-level waste segregation and resource recovery solutions being implemented successfully.
• We need to understand, that we cannot get rid of waste or landfills until and unless we start source segregation, which is also one of the mandates and one of the first rules of solid waste management rules. A landfill will still be required but firstly, we need to build it in a scientific way and secondly, only inert waste should go to landfills. Even in the waste management pyramid, the top options are reusing and recycling. Landfills and waste-to-energy plants are the last options.

Context:

• A senior Congress and opposition leader have been disqualified from the Lok Sabha, a day after he was convicted in a defamation case by a Surat court.
• In this context, this edition of the burning issue will deal with the issue of disqualification of a Member of Parliament and defamation cases. The issue is very important for the upcoming Prelims 2023 examination as well as Mains 2023.

Background of the case

• The Congress leader during campaigning for the 2019 parliamentary polls had made a remark, “How come all the thieves have Modi as the common surname?”
• On the basis of this remark, a criminal defamation case was filed against him in a surat court by a BJP MLA who had alleged that the congress leader while addressing a poll rally in 2019 in Karnataka defamed the entire Modi community with his remark.
• The Surat court on Thursday convicted the Congress leader in a criminal defamation case and awarded him a two-year jail term.
• On basis of this, the Congress leader has been disqualified from the Lok Sabha,. A notice issued by the Lok Sabha Secretariat said that he stood disqualified from the House from March 23, the day of his conviction.

Disqualification of a Lawmaker

Disqualification of a lawmaker is prescribed in three situations-

• Under Constitutional provisions: Disqualification is through Articles 102(1) and 191(1) for disqualification of a member of Parliament and a member of the Legislative Assembly respectively. The grounds here include
• holding an office of profit,
• being of unsound mind or insolvent or
• not having valid citizenship.
• Under Anti-Defection law: It is in the Tenth Schedule of the Constitution, which provides for the disqualification of the members on grounds of defection.
• Under Representation of The People Act (RPA), 1951: It provides for disqualification for conviction in criminal cases and several other grounds.

Disqualification under RPA, 1951

The provision is aimed at “preventing the criminalisation of politics” and keeping ‘tainted’ lawmakers from contesting elections. There are several provisions that deal with disqualification under the RPA.

• Section 8 of the RPA deals with disqualification for conviction of offences.
• Section 8(1): First, disqualification is triggered for conviction under certain offences listed in Section 8(1) of The Representation of The People Act. This includes specific offences such as promoting enmity between two groups, bribery, and undue influence or personation at an election.
• Section 8(2) also lists offences that deal with hoarding or profiteering, adulteration of food or drugs and for conviction and sentence of at least six months for an offence under any provisions of the Dowry Prohibition Act.
• Section 8(3) states: “A person convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.”
• Section 9 deals with disqualification for dismissal for corruption or disloyalty, and for entering into government contracts while being a lawmaker.
• Section 10 deals with disqualification for failure to lodge an account of election expenses.
• Section 11, deals with disqualification for corrupt practices.
• Also, On 10 July 2013, the Supreme Court of India, in its judgment of the Lily Thomas v. Union of India case, decided that any MP, MLA or MLC who is sentenced for a crime and granted at least two years of imprisonment, loses membership of the House with immediate effect.

Appeal and stay of disqualification

• The disqualification can be reversed if a higher court grants a stay on the conviction or decides the appeal in favour of the convicted lawmaker.
• In a 2018 decision in ‘Lok Prahari v Union of India’, the Supreme Court clarified that the disqualification “will not operate from the date of the stay of conviction by the appellate court.”
• This means that Gandhi’s first appeal would be before the Surat Sessions Court and then before the Gujarat High Court.

Changes in the Law

• Under the RPA, Section 8(4) stated that the disqualification takes effect only “after three months have elapsed” from the date of conviction.
• Within that period, lawmakers could file an appeal against the sentence before the High Court.
• However, in the landmark 2013 ruling in ‘Lily Thomas v Union of India’, the Supreme Court struck down Section 8(4) of the RPA as unconstitutional.

The Lily Thomas Verdict

• The Lily Thomas verdict was a landmark judgment delivered by the Supreme Court of India in 2013.
• The verdict struck down a provision in the Representation of the People Act (RPA), which allowed convicted lawmakers to continue in office if they filed an appeal within three months of their conviction.
• The provision, which was part of Section 8(4) of the RPA, had been criticized for allowing convicted politicians to continue to hold public office while their appeals were pending in higher courts, and for contributing to the criminalization of politics in India. The verdict was seen as a major step towards cleaning up Indian politics and ensuring that convicted criminals do not get to occupy public offices.

Defamation in India

What is Defamation?

• Defamation refers to the act of publication of defamatory content that lowers the reputation of an individual or an entity when observed through the perspective of an ordinary man. Defamation in India is both a civil and a criminal offence.

The Laws which Deal with Defamation:

Sections 499 and 500 of IPC: Sections 499 and 500 in the IPC deal with criminal defamation. While the former defines the offence of defamation, the latter defines the punishment for it.

Section 499                       

• Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person.

Section 500

• Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

Supreme court on defamation

• Supreme Court of India in the Subramanian Swamy case upheld the validity of the criminal defamation law.
• Court rules that defamation laws are not in conflict with the right to free speech.
• Court stated that notwithstanding the expansive and sweeping ambit of freedom of speech, as with all rights, the right to freedom of speech and expression is not absolute. It is subject to the imposition of reasonable restrictions

Why should it be retained?

• The Supreme Court declared that the right to free speech under Article 19(1)(a) had to be “balanced” against the right to “reputation” under Article 21.
• It has been part of the statutory law for over 70 years. It has neither diluted our vibrant democracy nor abridged free speech
• Protection for “legitimate criticism” on a question of public interest is available in the Civil law of defamation & Under exceptions of Section 499 IPC
• Mere misuse or abuse of law can never be a reason to render a provision unconstitutional rather lower judiciary must be sensitized to prevent misuse
• Monetary compensation in civil defamation is not proportional to the excessive harm done to the reputation

Why should it not be retained?

• “Constitutional fraternity” is not a part of Article 19(2) of the Constitution, which specifically limits the circumstances under which the state can restrict speech to eight enumerated categories.
• It is also nowhere in the fundamental rights chapter of the Constitution, so the question of “balancing” free speech against constitutional fraternity does not arise.
• Article 21 which is a shield to protect the individual against State persecution or indifference, is used as a sword to cut down on the fundamental right to freedom of speech and expression because of this provision.
• Freedom of speech and expression of media is important for a vibrant democracy and the threat of prosecution alone is enough to suppress the truth. Many times influential people misuse this provision to suppress any voices against them.
• Considering anecdotal evidence, every dissent may be taken as unpalatable criticism. Sections 499 and 500 of the IPC prescribe two years’ imprisonment for a person found guilty of defamation.

Conclusion

• As India continues to strengthen its democratic system, one important issue that needs resolution is determining the correct answer for when a disqualification is removed for a sitting member of parliament who has been granted a stay on their conviction.
• The conflicting court judgments and constitutional provisions only highlight the need for a clear and definitive resolution to this issue, which will undoubtedly enhance the credibility and legitimacy of the Indian political system.

Context

• Recently, the Supreme Court referred a batch of petitions seeking the legal recognition of same-sex marriages to a Constitution Bench.
• The Union government has opposed the petitions. Law Minister Kiren said that marriage is a matter of policy to be decided by Parliament and the executive alone.
• In this context, this edition of the Burning Issue will explain this issue and the arguments around it.

What is the issue?

• The Supreme Court had issued notice to the Centre Govt on a plea by two gay couples seeking recognition of same-sex marriage under the Special Marriage Act, 1954 in November 2022, asking for its stand on same-sex marriage.
• In response to this notice, the Union Government has recently filed an affidavit clarifying its stance on same-sex marriages.

What is meant by Same-sex marriage?

• Same-sex marriage is the legal recognition of a marriage between two individuals of the same sex.
• It grants same-sex couples the same legal and social recognition, rights, and privileges that are traditionally associated with marriage, including property rights, inheritance rights, and the ability to make decisions for each other in medical emergencies.
• The recognition of same-sex marriage varies around the world, with some countries legalizing it while others do not.
• The issue has been the subject of much debate and controversy, with arguments for and against same-sex marriage based on religious, cultural, social, and legal considerations.

Same-sex marriage in India

• Same-sex marriage is currently not legally recognized in India.
• Section 377 of the Indian Penal Code, which criminalized homosexuality, was struck down by the Supreme Court of India in 2018, which was a landmark decision for LGBTQ+ rights in the country.
• However, there is still no law that allows same-sex couples to legally marry or have any legal recognition of their relationships.

What is the Judicial basis for same-sex marriage?

Decriminalization of IPC section 377 in the Navtej Singh Johar & Ors. V. Union of India(2018)

• In this landmark verdict, the Supreme Court today scrapped the controversial Section 377– a 158-year-old colonial law on consensual gay sex.
• Section 377, which is part of an IPC 1861, banned “carnal intercourse against the order of nature with any man, woman or animal” — which was interpreted to refer to homosexual sex.
• The Supreme Court reversed its own decision and said Section 377 is irrational and arbitrary.
• The judgment was delivered by a Bench of Chief Justice of India Dipak Misra and Justices Rohinton Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra.

What does the Government affidavit say?

The main points of the Government affidavit are:

• Heterosexual marriage has been the norm throughout history and is “foundational to both the existence and continuance of the state.”
• Marriage in India is regarded as a “holy union,” a “sacrament,” and a “sanskar,” and is dependent on customs, rituals, practices, cultural ethos, and societal values.
• Any “deviation” from the “statutorily, religiously and socially” accepted norm in “human relationships” can only happen through the legislature and not the Supreme Court.
• In its affidavit to the Supreme Court, the government argued that the traditional concept of marriage, consisting of a biological man, woman and child, cannot be disrupted.
• It claimed that recognizing same-sex marriages could cause havoc in the system of personal laws.
• As different from many liberal democracies, in India, aspects of marriage, succession and adoption are governed by religious personal laws.

Reasons behind the center’s opposition

• Legal revamp required: The registration of marriage of same-sex persons also results in a violation of existing personal as well as codified law provisions — such as ‘degrees of prohibited relationship’; ‘conditions of marriage’; ‘ceremonial and ritual requirements’ under the personal laws governing the individuals”.
• Definition of spouse: In a same-sex marriage, it is neither possible nor feasible to term one as ‘husband’ and the other as ‘wife’ in the context of the legislative scheme of various personal laws.
• Against cultural norms:  The social order in our Country is a religion based which views procreation as an obligation for the execution of various religious ceremonies.
• Property and other civil rights: Property rights post-marriage is a much-contested issue in India. Same-sex marriage will not create any immunity for the law but increase complex interpretations.
• Navtej case did not mention marriages: The 2018 Navtej Singh Johar judgment decriminalized homosexuality, but it did not mention/legitimize same-sex marriage.
• Not comparable to the heterosexual couple: Same-sex marriage cannot be compared to a man and woman living as a family with children born out of the union.
• Violation of existing personal laws: Registration of same-sex marriage would result in a violation of existing personal as well as codified law provisions.
• In the interest of society: There is a “compelling interest” for society and the state to limit recognition to heterosexual marriages only.

What stand do petitioners have?

Same-sex marriage as a matter of rights

• Any social policy is liable to judicial interference if rights are violated.
• The petitioners rely on the rights to equality and non-discrimination as laid out in Articles 14 and 15.
• The Constitution prohibits the state from discriminating based on sex.
• Sex has been interpreted by the Supreme Court in Navtej Singh Johar (2018) to include sexual orientation. Granting the right to marry heterosexual couples and not to homosexual couples discriminates on the basis of their sexual orientation.

Same-sex marriage is a matter of privacy

• Right to privacy: Supreme Court recognized this right to be part of the right to life and liberty under Article 21 of the Constitution in the celebrated Puttaswamy (2017) verdict.
• What the court said on privacy: Privacy includes at its core the preservation of personal intimacies, the sanctity of family life, marriage, procreation, the home and sexual orientation.
• The state currently denies this right: The right to privacy entails the right of the citizens to make decisions about their family life and marriage. The state currently denies same-sex couples this right.
• The Special Marriage Act: The Special Marriage Act is a secular law that works alongside religious personal laws. Same-sex marriages can be recognized under the Special Marriage Act. The Act already speaks of marriages between any two persons which are solemnized under it. Any two persons can include two persons of the same sex.

Special Marriage Act

• The Special Marriage Act is a law in India that allows individuals of different religions or nationalities to marry each other.
• It was enacted in 1954 and came into effect in 1955.
• The Special Marriage Act allows for inter-caste and inter-religious marriages, and couples who register under this act are not required to change their religion or follow any religious rites or rituals. However, the act does not recognise same-sex marriages.
• The act also provides for divorce on certain grounds and maintenance to the spouse and children.

Issues with such marriages

• Morality: This has brought with it a change in social attitudes so that the stigma attached to homosexuality has to a greater extent disappeared.
• Rising activism: Campaigns for lesbian and gay rights have taken on an increasingly radical character, arguing for an end to all forms of discrimination against homosexuality.
• Religious sanctions: Same-sex acts are punishable by death in Arab countries. No religion openly embraces same-sex marriage. More or less, they are considered unnatural everywhere.
• Social stigma:  Apart from the harsh legal scenario, homosexuals face social stigma as well. Same-sex marriages are still unimaginable as any instance of sexual relations between a couple of the same sex draws hatred and disgust.  
• Patriarchy: It must not be forgotten that Indian society is patriarchal in nature and the fact that certain women and men have different choices, which is not sanctioned by the ‘order’, frightens them in a way.
• Burden of collectivity: Our society is very community oriented and individualism is not encouraged in the least, any expression of homosexuality is seen as an attempt to renounce tradition and promote individualism.

Arguments in favor of such marriages

• Pursuit of happiness: Homosexuality is not an offense, it is just a way of the pursuit of happiness, a way to achieve sexual happiness or desire.
• Right to privacy: The fundamental right to liberty (under Article-21) prohibits the state from interfering with the private personal activities of the individual.
• Arbitrariness: Infringement of, the right to equal protection before the law requires the determination of whether there is a rational and objective basis to the classification introduced.
• Issues with the definition: Section-377 assumes that a natural sexual act is that which is performed for procreation. Hence, it thereby labels all forms of the non-procreative sexual act as unnatural.
• Discrimination: Section-377 discriminates based on sexual orientation which is forbidden under Article-15 of the Constitution. Article-15 prohibits discrimination on several grounds, which includes Sex.
• Human rights: The universal law of Human Rights states that social norms, tradition, custom or culture cannot be used to curb a person from asserting his fundamental and constitutional rights.
• Many countries recognizing: According to global think tank Council of Foreign Relations, same-sex marriages are legal in at least 30 countries, including the United States, Australia, Canada and France.

Parallels in west

• In Obergefell v Hodges (2015), the Supreme Court of the United States held that same-sex couples have a constitutional right to marriage.
• Thirty-one out of the 50 states in the United States have marriage laws that define marriage as between a man and a woman.
• In May 1996, South Africa became the first country to constitutionally prohibit discrimination based on sexual orientation.
• The United Kingdom passed the “Alan Turing law” in 2017 which ‘granted amnesty and pardon to the men who were cautioned or convicted under historical legislation that outlawed homosexual acts’.

Way forward

• Dissociating from religion: Such marriages are forbidden in almost every religion. Hence no single religion should be considered a hindrance in creating a legal sanction.
• Doing away with discrimination: The same-sex community needs an anti-discrimination law that empowers them to build productive lives and relationships irrespective of gender identity.   
• Letting the society evolve: Society has to imbibe the doctrine of progressive realization of rights and it cannot be forcibly convinced by law.
• Creating awareness: Certainly, this is not an overnight phenomenon. We are a society where the practice of Sati and Nikah halala was considered a religious order.
• Widen the scope of article 15 to include gender too: Article 15 secures the citizens from every sort of discrimination by the state, on the grounds of religion, race, caste, sex or place of birth or any of them. The grounds of non-discrimination should be expanded by including gender and sexual orientation.
• Sensitise the general public and officials: Justice Rohinton F. Nariman had directed in Navtej Singh Johar & Ors., the Government to sensitize the general public and officials, to reduce and finally eliminate the stigma associated with the LGBTQ+ community through the mass media and the official channels.
• Sensitise students: School and university students too should be sensitized about the diversity of sexuality to deconstruct the myth of heteronormativity. Heteronormativity is the root cause of hetero-sexism and homophobia.

Conclusion

• The debate on the legal recognition of same-sex marriages in India continues to be a contentious issue, with the government and petitioners presenting opposing views.
• However, given the complex social, cultural, and legal considerations, any decision regarding same-sex marriage should be carefully evaluated to ensure that it is inclusive and respects individual rights.
• Ultimately, it is important to arrive at a balanced and just solution that upholds the principles of equality and non-discrimination for all individuals, regardless of their sexual orientation.

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Context

• Two of West Asia’s major powers that have been at odds with each other for decades, Saudi Arabia and Iran, agreed to restore diplomatic relations last week in an agreement brokered by China. It is a major breakthrough if viewed from the angle of implications the agreement could have on the region and global geopolitics.
• In this context, this edition of the burning issue will elaborate on this agreement and its implications.

A Timeline of the Saudi-Iran relationship

• Pre-1979 Phase: Saudi Arabia and Iran compete for regional dominance.
• Iranian Revolution (1979) brings down the monarchy and turns Iran into a Shia theocratic republic.
• 1980-1988: Iran-Iraq war sees Saudi Arabia support Iraq.
• 1990-1991: Saudi Arabia supports Iraq against Iran in the Gulf War.
• 1996: Iranian-backed Hezbollah bombs Saudi military housing complex in Khobar, killing 19 US soldiers.
• 2011-2015: Saudi Arabia and Iran support opposing sides in the Syrian civil war.
• 2015: Saudi Arabia launches military intervention in Yemen against Iranian-backed Houthi rebels.
• January 2016: Saudi Arabia executes prominent Shia cleric Sheikh Nimr al-Nimr, leading to protests in Iran and the burning of the Saudi embassy in Tehran. Saudi and several Arab allies cut diplomatic ties with Iran.
• 2019: Saudi oil facilities are attacked, leading to increased tensions between Saudi Arabia and Iran.
• 2021: Both begin direct talks, brokered by China.
• March 2023: Both nations announce an agreement to restore diplomatic ties, brokered by China.

Reasons for hostile relations

• Religious contradictions: Historically, the rivalry between the two countries dates back to the seventh century when the Prophet Muhammad died without a clear successor, leading to a dispute over the leadership of the Muslim community. This dispute ultimately resulted in the split between Sunni Islam (which dominates in Saudi Arabia) and Shia Islam (which dominates in Iran).
• Geopolitical tensions: The two countries are located in a strategically important region, with both seeking to exert influence and maintain dominance in the Middle East. Iran’s Islamic revolution in 1979 posed a challenge to Saudi Arabia’s status as the leading Islamic power in the region, and the two countries have been competing for regional influence ever since.
• Sectarian tensions: Saudi Arabia and Iran have long had competing visions for the role of Islam in society. Saudi Arabia promotes a strict interpretation of Sunni Islam known as Wahhabism, while Iran supports Shia Islam and the principle of the “Guardianship of the Jurist,” which asserts that a senior Shia cleric should have political power and authority over all Muslims.
• Ties with west: The two countries have fundamentally different views on a range of issues, including democracy, human rights, and regional security. Saudi Arabia is a conservative monarchy with close ties to the United States, while Iran is an Islamic republic that has been at odds with the West since the 1979 revolution.

What are the terms of the agreement?

• The details of the agreement are yet to be unveiled but prima facie it seems to be a quid pro quo.
• Iran has reportedly agreed to prevent further attacks against Saudi Arabia from Houthi-controlled parts of Yemen
• On the other hand, Saudi Arabia has agreed to rein in Iran International, a Farsi news channel critical of the Iranian regime.
• Foreign Ministers of both countries will meet soon to thrash out the terms of the reconciliation before reopening embassies in each other’s capitals in two months.

Why did Saudi Arabia reach out to Iran, defying its ally the US?

• Internal Security: When Saudi oil facilities were attacked in 2019, the US looked away, prompting the Saudis to look for alternative solutions to the Iran problem, such as reaching out to the Iranians.
• Differences over Palestine: The US was trying to broker a normalization agreement between Saudi Arabia and Israel to bring the two pillars of its West Asia policy together against Iran.
• US negligence of West Asia: The US deprioritized West Asia due to bigger foreign policy challenges, such as the Russian war in Ukraine and China’s rise in the Indo-Pacific.
• Obsolesce of ties with the US: Relations between Saudi Arabia and the US have been rocky in recent years, as the US is not as dependent on Gulf Arabs as it used to be during the Cold War.
• Shared opinions over Israel: Saudi Arabia has been hesitant to reconcile with Israel, and its relations with the US have been rocky in recent years.

What led Iran to accept the deal?

• Isolation and Domestic pressure: Tehran is aware that getting relief from Western sanctions is not a near-term possibility. Despite the crackdown, protests in Iran refuse to die down.
• Crumbling economy: Iran’s economy is deteriorating and its currency, the rial, is struggling. A deal with Saudi Arabia, under China’s mediation, could open economic lifelines for Iran
• China factor: Iran wanted Chinese investments and support for the rial. China allowed Iran to withdraw parts of the $20 billion funds frozen with Chinese banks due to US sanctions.
• Fouling American efforts: Iran knows that such a deal could complicate American efforts to rally Arab countries and Israel against it. A reconciliation with Saudi is beneficial for Iran, at least in a tactical sense.

Why is China brokering the deal?

• Securing its oil supplies: China has an interest in promoting stability in the Middle East region, which is a major source of oil and natural gas for China.
• Side-lining the US: By brokering a deal between Saudi Arabia and Iran, China can position itself as a mediator and gain goodwill from both sides.
• Create an alternative axis: China has longstanding relationships with both countries. US since Trump’s departure is distancing itself from the US, whereas China is also getting closer to Russia amid the war.
• Image building as a leader: While the US is busy rallying the Western world to arm Ukraine to push back Russia and weaken Moscow through sanctions, China is quietly brokering peace in the Global South.
• Growing role in the Middle East: China could step in and help the two parties reach an agreement because its dramatic economic rise has given it a growing role in the Middle East.
• Narrow approach of the US for the region: The United States, by contrast to china, has “special relationships” with some countries in the Middle East and no relationship at all with others, most notably Iran. The result is that client states such as Egypt, Israel, or Saudi Arabia take U.S. support for granted and treat its concerns with ill-disguised contempt

“That’s how a great power maximizes its leverage: You make it clear that you’re willing to work with others if they are willing to work with you, and your ties with others remind them that you have other options, too”

Key implications for the US

• Welcomed the move: The public narrative is that the peace deal would help stabilize the region and benefit the global energy market.
• It is a wake-up call: for the Biden administration and the rest of the United States’ foreign-policy establishment because it exposes the self-imposed handicaps that have long crippled U.S. Middle East policy.
• China as a force of peace: It also highlights how China is attempting to present itself as a force for peace in the world, a mantle that the United States has largely abandoned in recent years.
• Hegemony decline in the region: The US would not like to lose its influence in West Asia even when it is deprioritizing the region.
• Saudi may drift away: the US sees an ally (Saudi Arabia) drifting further away, a rival it wanted to contain (Iran) making new friends, and China spreading and deepening its influence in a region the US has dominated historically.
• Iran Sanctions going loose: The Iran nuclear deal is practically dead and the US wants Saudi Arabia to normalize ties with Israel and put up a joint front against Iran.
• The US should change its policy towards the region: The obvious lesson for the Biden administration is to devote more attention to defusing tensions, preventing wars, and ending conflicts, instead of defining foreign-policy success by how many wars it wins, how many terrorists it kills etc. If the United States allows China to establish a reputation for being a reliable peacemaker, as a great power that is willing to live and let live in its relations with others, convincing others to line up with the US will become increasingly difficult.

Possible Outcomes of the deal

• Dispute resolution without the US: Besides bolstering China’s diplomatic credentials and possibly lowering the temperature between two well-armed rivals, the agreement gives all three nations involved the chance to show that one can resolve issues without US engagement, something China and Saudi Arabia have been keen to demonstrate.
• For Iran — still under punishing sanctions for its nuclear program and facing criticism for its crackdown on protesters — the agreement will help it repair ties with more Arab nations. Economically it could benefit both Iran and Saudi Arabia by luring more Chinese investment. And the deal could even help foster peace in Yemen, riven by a civil conflict that has been seen as a proxy war between Tehran and Riyadh.
• For Saudi Arabia: Yet the agreement also sets up an interesting balancing act for Crown Prince Mohammed, who has helped turn his economy more toward Asia while chaffing at US criticism of his nation’s human rights record. But Saudi Arabia still relies on US firepower for its military, a reality unlikely to change anytime soon. And the deal risks a fragile working relationship the Saudis — tacitly backed by Washington — have built with Israel, which still considers Iran enemy No. 1.
• For Yemen: The deal renewing diplomatic relations between Saudi Arabia and Iran had barely been signed on March 10 in Beijing when all eyes turned to Yemen, where the two rival powers have been in indirect confrontation since 2015. The surprise agreement between the two Middle Eastern powers may have its most concrete impact in Yemen, which has been ravaged by a war between its government, supported by a Saudi-led military coalition, and Houthi rebels supported by Iran.

Implications for India

• Beijing’s strategic footprint will grow in the Indian Ocean: The China-backed Saudi Arabia-Iran detente and its expanding strategic levers in Islamic World with ports in Iran, Oman, UAE, Pakistan and Sri Lanka is designed to choke India in its own Indian Ocean backyard with New Delhi facing a possible action from Beijing over its close relations with its QUAD partners, two of which are in the AUKUS alliance, on its northern land frontiers.
• Iran further moving away from India: There is little doubt that while India has been successful in expanding its relations with all key actors in West Asia, it has ended up with diminished relations with Iran. It is not in its interest to see China entrench itself in a country that is strategically important, quite apart from being one with which we enjoy long-standing civilizational affinities
• Security of energy: Since Iran and Saudi Arabia produce the majority of the world’s oil, a conflict between them could push up oil prices, which would have a significant impact on India’s energy security. The steady supply of oil to India and the stabilization of global oil prices could both result from normalizing relations between these two nations.
• Trade: India has significant trading relationships with Saudi Arabia and Iran. India could benefit from new trade and investment opportunities if their relations were normalized.
• Stability in the region: The International North-South Transport Corridor (INSTC) is one of India’s most important economic and strategic interests in the Middle East.
• Stability in India’s extensive neighbourhood: which includes Iran. For India, any instability in the region could have far-reaching effects. Iran’s ties to Saudi Arabia could help stabilize the region and lessen the likelihood of terrorism and conflict. India contributes significantly to the maintenance of regional peace and stability by maintaining cordial relations with Saudi Arabia and Iran.

What inferences can be drawn from all these?

• Strategic realignments in West Asia: It can be inferred that West Asia is currently undergoing significant strategic realignments, with the UAE normalizing relations with Israel and other Arab countries deepening their partnerships.
• Shifted US focus on Ukraine and Indo-Pacific: The US, which traditionally held significant power in the region, has deprioritized West Asia due to bigger foreign policy challenges such as Russia’s war in Ukraine and China’s rise in the Indo-Pacific.
• China occupying power vacuum: This de-prioritization has created a power vacuum that has allowed Iran to rise as a challenge, prompting the US to try to bring Israel and the Arab world together against Iran.
• When the elephants fight, the grass suffers:” In the decades to come, many states will prefer to rally behind whichever major power seems more likely to promote peace, stability, and order. By the same logic, they will tend to distance themselves from whichever major powers they believe are disturbing the peace.

Conclusion

• Reduced tension between Saudi Arabia and Iran is a positive development that reduces the risk of a serious clash in a strategic region.
• This new détente is to be welcomed, therefore, even if Beijing gets some of the credit. The proper U.S. response is not to bemoan the outcome; it is to show that it can do as much or more to create a more peaceful world.
• However, India must be ready to deal with Beijing translating economic might into diplomatic wins.

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Context

• Startup-focused lender SVB Financial Group on March 10 became the largest bank to fail since the 2008 financial crisis, in a collapse that roiled global markets. Regulators had abruptly shut down Signature Bank to prevent a crisis in the broader banking system.
• In this context, this edition of the burning issue will talk about this crisis, scenarios which could emerge, how India will be impacted by it and how the government is responding to the situation.

About Silicon Valley Bank

• It is a financial institution that provides banking services to the technology industry and venture capital firms.
• Founded in 1983, it has since become the go-to bank for startups and entrepreneurs in Silicon Valley and beyond.
• It is unique in that it understands the specific needs and challenges of the tech industry, and provides a range of services that cater to startups, including loans, deposits, and investment management.
• It has become a critical player in the startup ecosystem, providing funding and financial services to many of the world’s most successful startups, including Tesla, Uber, and LinkedIn.

Why did it collapse?

• Heavy investment in government bonds: During the period of near-zero interest rates, SVB invested billions of dollars in US government bonds. What appeared to be a safe investment quickly unravelled as the Federal Reserve aggressively raised interest rates to combat inflation.
• A decline in bond prices: Bond prices decline when interest rates rise, hence the rate increase undermined the value of SVB’s bond holdings. According to Reuters, the portfolio was yielding an average of 1.79% last week, well below the 10-year Treasury yield of roughly 3.9%.
• Customers panicking: SVB disclosed that it had sold a slew of securities at a loss and would sell $2.25 billion in new shares to plug a hole in its finances. Customers panicked, and they withdrew enormous sums of money.
• Bank’s Stock prices plummeted: The bank’s stock fell 60% dragging down rival bank shares as investors began to fear a replay of the global financial catastrophe a decade and a half ago.
• Regulators stepped in: Trading in SVB shares had ceased and the company had abandoned efforts to raise funds or find a buyer. California regulators stepped in, closing the bank and placing it in receivership under the Federal Deposit Insurance Corporation, which normally entails liquidating the bank’s assets to repay depositors and creditors.
• A case of liquidity risk: The case represents a classic case of an economic crisis situation called liquidity risk. Liquidity risk is the risk that a bank won’t be able to meet its obligations when they come due without incurring losses.

Reasons for SVB’s downfall

• A downturn of tech stocks: The bank was hit hard by the downturn in technology stocks over the past year as well as the Federal Reserve’s aggressive plan to increase interest rates to combat inflation.
• Lower bond yield due to lower interest rates: SVB bought billions of dollars’ worth of bonds over the past couple of years, using customers’ deposits as a typical bank would normally operate.
• Mostly startup account holders: SVB’s customers were largely startups and other tech-centric companies that started becoming needier for cash over the past year.
• Drying VC funding: Venture capital funding was drying up, and companies were not able to get additional rounds of funding for unprofitable businesses.
• Fear over deposit insurance: Since its customers were large businesses and the wealthy, they likely were more fearful of a bank failure since their deposits were over $250,000, which is the government-imposed limit on deposit insurance.

Is this a start of a banking crisis?

• The demise of both Silicon Valley Bank and Signature Bank put a spotlight on the challenges surrounding small and midsize banks, which tend to focus on niche businesses and can be more vulnerable to bank runs than larger peers.
• The most immediate concern is that the failure of one would scare off customers of other banks. Both Silicon Valley Bank and Signature are small compared with the nation’s largest banks — Silicon Valley Bank’s $209 billion and Signature’s $110 billion in assets pale next to the more than $3 trillion at JPMorgan Chase. But bank runs can happen when customers or investors panic and start pulling their deposits.
• Shares of bigger banks were not affected as much. All banks face interest rate risk today on some of their holdings because of the Fed’s rate-hiking campaign. This has resulted in $620 billion in unrealized losses on bank balance sheets as of December 2022.
• But most banks are unlikely to have significant liquidity risk.

Implications

• The collapse of Silicon Valley Bank and Signature Bank made a huge impact on global finances as stocks have lost $465 billion in market value so far.
• Startups scramble: Many startups and other companies that relied on the bank’s services were suddenly left without access to their funds, which caused financial strain and uncertainty for these businesses.
• Ripple effect: They now fear that they might have to pause projects or lay off or furlough employees until they could access their funds.
• Huge uninsured deposits: The vast majority of these were uninsured due to its largely startup and wealthy customer base.
• No scope for asset reconstruction: There is no potential buyer of Silicon Valley Bank.

How India could be impacted?

• SVB has invested in around 21 Indian start-ups including Paytm, Paytm Mall, Shaadi.com, CarWale, Naaptol, and One97 Communications – though the amount remains unclear. But according to the data, SVB has no ‘significant investments in Indian start-ups post-2011.
• For Indian mutual fund investors who have exposure to international mutual funds and international hybrid mutual funds, this news is not a good news.

Impact on Indian startups

• Uncertainty over deposits: The failure of SVB is likely to have a ripple effect on Indian startups, many of which have significant amounts of funds deposited with the bank.
• Hamper the funding: SVB has been a major player in the Indian startup ecosystem, providing banking services and funding to many of the country’s most successful startups, including Flipkart, Ola, and Zomato.
• Ripple effect: This could lead to a cash crunch for many companies, which may be forced to cut costs, delay projects, or lay off employees.
• Reduce global footprints: SVB has also been instrumental in helping Indian startups expand into the US market, by providing them with the necessary infrastructure and support to set up operations in Silicon Valley.

India’s resilience

• The risk remains quite low: as Indian banks are well-capitalised. RBI’s Financial Stability Report noted that even under a severe stress scenario, the capital adequacy ratio of banks is likely to remain within the mandated range.
• Improve with time: Some Indian startups with exposure to SVB may face difficulty in funding day-to-day operations as their funds remain locked. FDIC will facilitate withdrawals, but it may take time.
• Government lending support: Indian Government has indicated that it will meet Indian startups this week to understand the impact of SVB Financial’s collapse on them and how the government can help during the crisis.

Learnings from this bank’s failure

• Question the Trump-era deregulation of banks: The crisis brings into question the Trump-era deregulation of banks such as the decision to roll back Dodd-Frank’s ‘too big to fail’ rules, reducing both oversight and capital requirements. Both seem to have contributed to SVB’s collapse. It appears that the deregulation has allowed banks such as Silicon Valley Bank to take reckless risks. Now there needs to be a serious conversation about reversing the law to shore up confidence and avoid further collapses.
• Pause on its rate hike programme: It is now doubtful that the Fed will continue with its plan for aggressive interest rate hikes. The next hike was widely expected on 22 March following robust jobs data in January and February. The stress in the banking sector, and the wider impact on confidence, will now give the central bank cause for pause on its rate hike programme.
• Praise for RBI: The Reserve Bank of India (RBI) deserves credit for how it handles the Indian banking system. Time and again and in each global crisis, it gets proven that Indian banks are tightly regulated, which ensures that there are no major shocks.
• To be fair, most Indian banks are safe, at most times. And the reason is that the RBI monitors them very closely and forces them to take corrective actions proactively if there is something amiss. But still, all banks are not the same.

Conclusion

• When an ecosystem collapses, like the crypto, start-ups and PEs, some casualties are bound to happen. The meltdown could be in its final leg and collateral damage has hit market sentiments.
• But this will not last long and may be closer to a panic bottom in the markets.

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Context

• Recently, The Supreme Court of India in a judgment gave directions to reform the process of appointment of Election Commissioners in the Election commission of India.
• In this context, this edition of the burning issue will elaborate on this judgment and talk about the various facets of this judgment.

Background of the case

• In 2015, a public interest litigation was filed by Anoop Baranwal challenging the constitutional validity of the practice of the Centre appointing members of the Election Commission.
• In October 2018, a two-judge bench of the SC referred the case to a larger bench since it would require a close examination of Article 324 of the Constitution, which deals with the mandate of the Chief Election Commissioner.
• In September last year, a five-judge Constitution bench headed by Justice KM Joseph began hearing the case and almost a month later, the verdict was reserved.

About the Election Commission of India

• During the initial days: At first, there was only a Chief Election Commissioner on the commission. There are currently two Election Commissioners in addition to the Chief Election Commissioner. In 1989, two additional Commissioners were appointed for the first time; however, their terms were extremely limited, lasting only until January 1, 1990.
• Multi-member body: Two additional Election Commissioners were appointed later, on October 1, 1993. Since then, the idea of a Commission with multiple members and the authority to make decisions by majority vote has been in place.
• Appointment: The Chief Election Commissioner and the Election Commissioners are both appointed by the President. Their tenure is six years, or until they turn 65, whichever comes first.
• Status as Indian Supreme Court Judges: They have the same status as Indian Supreme Court Judges and receive the same benefits and salary. Parliament must impeach the Chief Election Commissioner in order to remove him or her from office.

What is the final judgment?

• In the case of Anoop Baranwal v. Union of India, a five-judge bench of the Supreme Court unanimously held that appointments to the constitutional posts of Chief Election Commissioner and Election Commissioners are to be made by the President of India, on the basis of the advice of a three-member committee, comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha, i.e. the lower house of the Parliament (or Leader of the largest party in Opposition in the lower house, in absence of a Leader of Opposition), and the Chief Justice of India (CJI).

What is the current process of appointment?

• As per the current process, the Law Minister suggests a pool of suitable candidates to the Prime Minister for consideration. The President makes the appointment on the advice of the PM.

Significance of this judgment

• Reducing the executive control: The judgment reaffirms and reiterates the importance of divesting the control of the executive over a body that is crucial to the conduct of free and fair elections.
• Strengthening the independence of ECI: The judgment is being seen as a step forward in the direction of strengthening the independent authority and functioning of the Election Commission which alone is mandated to conduct a free and fair election under Article 324 of the Constitution”.
• Protecting CEC and other ECs: It will automatically protect the Election Commissioners and the CEC from removal midway through their term and is therefore vital in protecting the Election Commission’s independence.

Why court found it relevant to intervene?

• According to Article 324(2), The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President. The crux of the challenge is that since there is no law made by Parliament on this issue, the Court must step in to fill the “constitutional vacuum.”
• Article 324(5) further authorizes the President to determine the conditions of service and tenure of the Election Commissioners, again, subject to any law made by the Parliament. Notably, a law has been framed by the Parliament with respect to Article 324(5)- the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, however, no such law has been promulgated under Article 324(2)- concerning appointments to the Election Commission of India (ECI)- despite the constitutional expectation.
• Debates of the Constituent Assembly: The Court’s verdict is based on a reading of the debates of the Constituent Assembly to ascertain what the founding members of the Constitution envisaged the process to be and an interpretation of similar provisions in the Constitution.
• Law made on this behalf by Parliament: The deliberate addition of the words “subject to the provisions of any law made on that behalf by Parliament” after prolonged discussions indicates that “what the Founding Fathers clearly contemplated and intended was, that Parliament would step in and provide norms, which would govern the appointment to such an important post as the post of Chief Election Commissioner and the Election Commissioners.”
• Examples of other commissions: The ruling examined a number of provisions in the Constitution, including the ones relating to the powers of the Supreme Court and High Court; establishing the SC, ST and Backward Classes Commissions, etc. where the Constitution uses the phrase “subject to the provisions of any law made by Parliament”. The Court finds that while legislation has been supplemented for those provisions, there is no law on the appointment of the CEC even 70 years after independence.

Criticism of the judgment

• Former Union law secretary P K Malhotra, who had also headed the Legislative Department in the law ministry, said that through the verdict, the top court is legislating in the domain of Parliament.
• However, the mode of appointment directed by the SC does not find any place in the Indian Constitution and can be challenged by the executive as judicial activism or judicial overreach.

Government response

• The government argued that “in the absence of such a law, the President has the constitutional power.” The government has essentially asked the court to exhibit judicial restraint.
• The three-member committee has not had the best track record with regard to the appointment of the CBI Director. Whether this new appointment procedure will be able to bolster trust and confidence among different stakeholders, on the Election Commission and its impartiality, needs to be seen.

Supreme court’s argument

• The court in its ruling discusses at length its intention to “maintain a delicate balance” on the separation of powers. The court cannot usurp what is purely a legislative power or function but where there exist veritable gaps or a vacuum legislative field, the Court may not shy away from what essentially would be part of its judicial function.
• The ruling cites past instances of the Court stepping in to fill a gap in the law, including the Vishaka guidelines to curb sexual harassment in the workplace, and the interpretation of the process of appointment of judges.

One more issue highlighted by SC

• As per Section 4 of the Chief Election Commissioner and Other Election Commissioners (Conditions of Service) Act, 1991, the Chief Election Commissioner is entitled to a term of 6 years, but they have to vacate the office upon attaining the age of 65 years.
• The SC Bench had enquired during the proceedings that to fulfill the mandate of the provision, the Government could have considered an officer who could have completed the full term of six years.
• But none of the Election commissioners have been able to complete the 6-year tenure. The Supreme Court observed that the appointment of an Election Commissioner with a tenure of fewer than six years is a clear breach of law pursuant to the provisions of the Act of 1991.

Conclusion

• Article 324(2) vested the Parliament with the job of framing a law to determine the appointment procedure, and to that effect, SCI’s directions are temporary in nature, until the legislative vacuum is filled.
• However, the judgment will have a precedential value in that any law passed under Article 324(2) will be tested on the touchstone of whether it adequately protects the independence of the Election Commission from the executive.
• As far as the effectiveness of this scheme of appointment is concerned, the track record of this three-member committee has not been impressive, and it remains to be seen whether the state of the ECI remains the same, improves, or worsens.

“An Election Commission which does not ensure free and fair poll as per the rules of the game, guarantees the breakdown of the foundation of the rule of law.”

Context

• The newly elected Congress Government led by Sukhvinder Singh Sukhu regime has restored the Old Pension Scheme (OPS) for Himachal Pradesh government employees with immediate effect.  Some other states are also in line to implement the same. This has stirred a debate around the two variants of Pension Schemes in India.
• In this context, this edition of the burning issue will elaborate on the topic of the types of pension schemes in India.

Background of both the schemes

About OPS

• Guaranteed pension sum: OPS is a post-retirement benefit for government area representatives that guaranteed a sum to be paid to the worker after his superannuation.
• Defined formula: OPS, also known as the “Defined Benefit Scheme,” provided government employees with 50 percent of their basic salary to secure their future. Therefore, the individual would receive a fixed monthly pension payment from the government of Rs 5,000 if the basic salary was Rs 10,000.
• Dearness allowance: The government tries to find a balance between the salary and the rising cost of living by increasing Dear Allowance twice a year. The increase in DA also allows for a higher salary and, consequently, a higher pension.
• Fully government payable: The government paid for the Old Pension in its entirety. Every year, the budget for pensions was announced during the Budget announcement. The annual DA increase in the pension was also the responsibility of the federal and state governments.

About NPS

• The origin: In 1998, the Union Ministry of Social Justice and Empowerment commissioned a report for an Old Age Social and Income Security (OASIS) project. Its primary objective was targeted at unorganized sector workers who had no old age income security. The New Pension System was proposed by the Project OASIS report; it became the basis for pension reforms.
• Open to all: NPS is a government-sponsored pension scheme. It was launched in January 2004 for government employees. It was extended to all citizens of India on a voluntary basis from May 2009 and to corporates in December 2011 and to Non-Resident Indians in October 2015.
• No full contribution from the government: PFRDA is the statutory authority established by an enactment of the Parliament, to regulate, promote and ensure orderly growth of the NPS and pension schemes to which this Act applies. The scheme allows subscribers to contribute regularly to a pension account during their working life.
• Fund on retirement: On retirement, subscribers can withdraw a part of the corpus in a lump sum and use the remaining corpus to buy an annuity to secure a regular income after retirement.

Key differences between the two pension schemes

Points of Differentiation	The Old Pension Scheme	The New Pension Scheme
Nature of the schemes	OPS offer pensions to government employees on the basis of their last drawn salary	NPS pays the employees for their investments in the NPS Scheme during their employment.
Amount of pension derived	50 per cent of the last drawn salary	60% lump sum after retirement and 40% to be invested in annuities for getting a monthly pension
Benefits in taxes	No tax benefits	The employee can claim tax deductions of 1.5 lakh under Section 80C of income tax and up to 50,000 on other investments under 80CCD (1b)
Tax on pension	No tax on pension	60% of the NPS Corpus is tax-free while the remaining 40% is taxable
Option of Investment	No option	Two choices: Active and Automatic
Who can avail?	Only government employees	Any Indian Citizen between 18-65 years.
Switching Schemes	OPS scheme can be switched to NPS	NPS scheme cannot be switched back to OPS in general, but central government employees can switch back to OPS  in case of death and disablement of the employee.

Pros and cons of OPS

PROS

• After retirement, the plan guarantees a steady income for life.
• Definite formula and pension: Employees were entitled to a pension that was calculated in advance and was equal to fifty percent of their most recent salary under the old plan.
• DA Benefit: They also benefit from Dearness Relief (DR) revisions twice a year. There was no salary deduction for the fixed payout.
• GPF benefit: Additionally, the General Provident Fund (GPF) was provided by the OPS.

CONS

• Liability remained unfunded: There was no corpus specifically for pension, which would grow continuously and could be dipped into for payments.
• Usual budgetary allocation: The Union budgetary allocations (Rs 3,86,001 crore in 2020-21) provided for pensions every year; there was no clear plan on how to pay year after year in the future.
• The burden on working class: The ‘pay-as-you-go’ scheme created inter-generational equity issues — meaning the present generation had to bear the continuously rising burden of pensioners.
• Far extended pay-outs: Better health facilities would increase life expectancy, and increased longevity would mean extended payouts.

Pros and cons of NPS

PROS

• Flexible– NPS offers a range of investment options and a choice of Pension Funds (PFs) for planning the growth of the investments in a reasonable manner and monitoring the growth of the pension corpus. Subscribers can switch over from one investment option to another or from one fund manager to another.
• Simple – Opening an account with NPS provides a Permanent Retirement Account Number (PRAN), which is a unique number and it remains with the subscriber throughout his lifetime.
• Portable– NPS provides seamless portability across jobs and across locations. It would provide a hassle-free arrangement for the individual subscribers while he/she shifts to the new job/location, without leaving behind the corpus build, as happens in many pension schemes in India.
• Well Regulated– NPS is regulated by PFRDA, with transparent investment norms, regular monitoring and performance review of fund managers by NPS Trust. The account maintenance costs under NPS are the lowest as compared to similar pension products across the globe. While saving for a long-term goal such as retirement, the cost matters a lot as the charges can shave off a significant amount from the corpus over 35-40 years of investment period.
• The dual benefit of Low Cost and Power of compounding: Till retirement, pension wealth accumulation grows over the period of time with a compounding effect. With the account maintenance charges being low, the benefit of accumulated pension wealth to the subscriber eventually becomes large.
• Ease of Access: The NPS account is manageable online. An NPS account can be opened through the eNPS portal. Further contributions can also be made online through the eNPS portals of CRAs:

CONS

• Deductions from salary: The NPS, in contrast to the OPS, mandates that employees deposit 10% of their base pay in addition to the dearness allowance.
• The amount of the pension is not set in stone, and there is no GPF benefit.
• Linked to market returns: The scheme’s major flaw is that it is return-based and linked to the market. Simply put, the payout is speculative.

Why states are shifting back to OPS?

• OPS brings state governments some short-term gains:
• Deferment to contribution: They save money since they will not have to put the 10 per cent matching contribution towards employee pension funds.
• Low curtailment in salaries: For employees too, it will result in higher take-home salaries, since they too will not set aside 10 per cent of their basic pay and dearness allowance towards pension funds.
• Old age security: Some government employees are concerned that their pension may not be the same as 50 per cent of their last salary drawn (as in the OPS).
• Party politics: These moves may be considered convenient by Opposition parties as they struggle to expand their reach in the current environment.
• States will benefit in the short term, but as pension liabilities rise over time, there will be less room for more productive spending.

Concerns raised due to this shift

• Former RBI Governor Raghuram Rajan has expressed his concern over the decision of some states to restart the old pension scheme and suggested that some less costly ways should be found to address the demands of government pensioners.
• In its latest report titled ‘State Finances: A Study of Budgets of 2022-23’, the central bank reversion to OPS by some States poses a major risk on the “subnational fiscal horizon” and would result in the accumulation of unfunded liabilities in the coming years for them.
• Punjab’s projected pension outlay during 2022-23 is Rs 15,146 crore. This accounts for almost one-third of Punjab’s tax revenues (OTR) of Rs 45,588 crore.
• By postponing the current expenses to the future, the report said States risk the accumulation of unfunded pension liabilities in the coming years.
• Former RBI Governor D. Subbarao has said that the decision of some States to restart the Old Pension Scheme will be decidedly a regressive move and will provide more privilege to government servants at the cost of the larger public, the majority of which has no social safety net,

Other issues with the Pension system in India

• Insufficient coverage: Any pension plan leaves a lot of the Indian population out of pocket. The unorganized sector typically includes those who remain uncovered.
• Insufficient sums: The sums received by those who are covered by various pension plans are insufficient to ensure their continued existence.
• Insufficient pension amount: The Parliamentary Standing Committee on Rural Development observed that the various components of the National Social Assistance Program (NSAP) provided insufficient assistance. It cost between 200 and 500 rupees per month.
• Disparate Coverage: In addition, the implicit rate of returns and benefits minus contributions vary among programs, occupations, industries, and other contexts. and as a result, the pension benefits become unequal.
• Financial viability: The government’s fiscal plan is further strained financially by the pension industry. According to a number of studies, the amount of money spent on pension payments is rising faster than taxes and duties.
• Ineffective management: The issuance of annual statements and the delays in processing and crediting claims are the subject of criticism. The structure of organizational governance also needs to be improved. Additionally, government regulations prevent retirement benefit systems from being transferred to other industries.

Way forward

• Optimize pension schemes: The government can optimize pension schemes by reviewing the benefits and eligibility criteria of the pension schemes. This can help identify areas where the benefits can be reduced without impacting the employees.
• Increase efficiency in government operations: The government can also work towards increasing efficiency in its operations and reducing the overall workforce. This can help reduce the pension burden and improve the fiscal health of the country.

Conclusion

• The fiscal risks involved in the transition of NPS-borne employees to OPS regime are substantive and to a great extent unsustainable keeping in view the existing share of pensionary liability in government expenditure.
• The hard-won policy gains that have been achieved through bipartisan consensus may be undone by such proposals, which are motivated by short-term political considerations.
• Political parties must consider the long term rather than just the immediate relief and return and resist the temptation to make such fiscally reckless moves.