The 11th plenary of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES) took place in Namibia to discuss key scientific findings and evidence addressing the global biodiversity crisis.
About IPBES
IPBES aims to improve the interface between science and policy on biodiversity and ecosystem services.
Membership: Comprises over 130 member governments.
Purpose: Provides scientific assessments to guide governments, the private sector, and civil society in decision-making on biodiversity and ecosystems.
Establishment:
Formally established in April 2012 when 90 countries signed its founding statement.
Originated from a 2010 UN General Assembly resolution urging the UN Environment Programme to convene a meeting for its formation.
Structural Mandate:
Led by a Plenary (main decision-making body) with representatives from member states.
Operates on a consensus principle, meeting annually to decide on work programs, budgets, and reports.
Key Functions:
Assessments: Develop global and regional assessments on biodiversity themes.
Policy Support: Provide tools and methodologies for policymakers.
Capacity Building: Enhance knowledge and capabilities among members.
Outreach: Ensure effective communication and impact.
Notable Achievements:
2019: Released the Global Assessment Report on biodiversity and ecosystem services.
2020: Preliminary report on international cooperation to reduce pandemic risks.
2021: Co-sponsored a biodiversity and climate change workshop report with IPCC.
2022: Awarded the Gulbenkian Prize for Humanity, shared with IPCC.
Unique Contributions:
Introduced the term “Nature’s Contributions to People” (NCPs) as an alternative to ecosystem services.
Compiles knowledge from diverse sources, including scientific literature, indigenous knowledge, and local expertise.
Key Highlights on the Global Environment:
Biodiversity Loss: 1 million species face extinction due to habitat destruction, climate change, and pollution.
Climate Change Impact: Global warming is significantly threatening ecosystems and species.
Deforestation: Large-scale deforestation disrupts ecosystems and contributes to carbon emissions.
Water Scarcity: Freshwater ecosystems are under threat from pollution and over-extraction.
Ecosystem Services: Decline in vital services like clean air, water, and food.
Global Cooperation: Urgent need for global action to address climate change, biodiversity loss, and sustainable development.
Biodiversity and Health: Emphasis on the One Health approach to link human, animal, and environmental health.
Key Highlights on the Asian Region:
Biodiversity: Asia hosts half the world’s biodiversity but faces major threats from habitat loss and climate change.
Pollution and Urbanization: Rapid urbanization is increasing pollution, affecting health and the environment.
Climate Change: Vulnerable to floods, droughts, and rising sea levels impacting agriculture and settlements.
Forest Loss: Deforestation, especially in Indonesia, India, and Malaysia, threatens ecosystems.
Marine Biodiversity: Marine life is under pressure from overfishing and pollution.
Sustainable Agriculture: Promoting sustainable farming to reduce environmental impact.
Protected Areas: Despite progress, conservation management remains a challenge.
PYQ:
[2012] The Millennium Ecosystem Assessment describes the following major categories of ecosystem services-provisioning, supporting, regulating, preserving and cultural. Which one of the following is supporting service?
Bitcoin surged to a record high of over $107,000 after President-elect Donald Trump reaffirmed plans to create a US bitcoin reserve, boosting investor excitement.
Do you know?
The legal status of cryptocurrency in India is uncertain.
RBI has warned against cryptocurrencies, citing risks to investors and confirming they are not legal tender.
In 2018, the Supreme Courtoverturned an RBI ban on financial institutions dealing with cryptocurrencies.
In the 2022-23 Union Budget, the Government of India announced a 30% tax on cryptocurrency transfers.
A strategic reserve is a stockpile of critical resources, used in times of crisis or disruptions in supply.
Examples:
US Strategic Petroleum Reserve: Largest global emergency oil stockpile, created in 1975 after the 1973-74 oil embargo.
Canada’s Maple Syrup Reserve: The only global strategic reserve for maple syrup.
China’s Reserves: Includes resources like metals, grains, and pork.
How Would a U.S. Strategic Bitcoin Reserve Work?
Establishing the Reserve: Unclear if it would require executive powers or Congress approval. Some suggest an executive order to manage bitcoin through the U.S. Treasury’s Exchange Stabilization Fund.
Content of the Reserve: Includes seized bitcoin (200,000 tokens, worth approx. $21 billion).
Additional Purchases: Possible purchase of more bitcoin from the open market.
Benefits and Risks of a Bitcoin Reserve
Benefits:
Global Market Dominance: Could enhance U.S. control over the global bitcoin market, especially against competitors like China.
Economic Advantages: Could reduce U.S. fiscal deficit and strengthen the U.S. dollar.
Risks:
Volatility: Bitcoin’s value is uncertain due to volatility and lack of intrinsic use.
Security: Vulnerability to cyber-attacks and market fluctuations.
Q) “Besides being a moral imperative of a Welfare State, primary health structure is a necessary precondition for sustainable development.” Analyse. (UPSC CSE 2021)
Mentor’s Comment: UPSC mains have always focused on major issues like the Conflict of interest in the public sector (2017) and Life Expectancy (2022).
Tobacco is responsible for approximately 1 million deaths annually in India, accounting for about 17.8% of total deaths in the country. This includes deaths from both direct tobacco use and secondhand smoke exposure.
The proposal to levy a higher Goods and Services Tax (GST) rate on tobacco products and sugared beverages has sparked significant discussion in India. This editorial explores the implications of such a move, the current tax structure, and the anticipated outcomes of the proposed changes.
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Let’s learn!
Why in the News?
The proposal to levy a higher Goods and Services Tax (GST) rate on tobacco products and sugared beverages has sparked significant discussion in India.
What is National Calamity Contingent Duty (NCCD)?
• It is a type of excise duty imposed by the Indian government on specific manufactured goods, particularly those considered harmful to public health, such as tobacco products and certain beverages. • Established under Section 136 of the Finance Act, 2001, NCCD is intended to generate revenue that can be utilized for disaster relief and other national calamity responses. • In the Union Budget for 2023-24, the government proposed increasing NCCD rates by approximately 16% for specified cigarettes, reflecting ongoing efforts to regulate tobacco consumption through higher taxation.
Background of the news:
Over the past seven years since the Goods and Services Tax (GST) was introduced in India, there have been a few significant increases in GST rates for harmful products like tobacco and sugar-sweetened beverages.
Apart from two small hikes in the National Calamity Contingent Duties (NCCD) on tobacco, the tax rates have largely remained unchanged. This lack of increase has made these products more affordable, which undermines efforts to reduce their consumption.
In this context, the recent proposal by the Group of Ministers (GoM) to raise the highest GST rate on tobacco and sugar-sweetened beverages from 28% to 35% is a positive development. This increase could help discourage the consumption of these harmful products.
However, it is important to note that additional tax reforms are necessary to effectively address the public health issues and fiscal challenges associated with tobacco and sugary drinks.
What is the current GST structure?
Under the existing GST framework, tobacco products and aerated beverages are taxed at a base rate of 28%, with additional cess rates that can range significantly.
For tobacco, these cesses can be as high as 290%, making it one of the most heavily taxed sectors in India.
Aerated beverages also face a 12% compensation cess on top of the standard GST rate, leading to a total tax burden that is among the highest globally.
What is the Rationale behind the recent Proposal?
Public Health Concerns: Higher taxes on tobacco and sugary drinks are often justified by their negative health impacts. Increasing GST rates could deter consumption and promote healthier choices among consumers.
Revenue Generation: The Indian government is looking for ways to bolster its revenue streams, especially in light of potential shortfalls from other sectors. By raising taxes on these “sin products,” it aims to offset losses from reductions in taxes on essential goods and services, such as health insurance premiums.
Alignment with Global Practices: Many countries impose high taxes on tobacco and sugary beverages as part of public health strategies. By following suit, India could align itself with global best practices aimed at reducing the consumption of harmful products.
What were the Market reactions to the potential GST Increase?
Stock Price Impact: Following the news, ITC’s shares fell by about 3%, while Varun Beverages dropped by 5%. This decline reflects investor concerns over how higher taxes might affect profitability.
Historical Performance: Both companies had previously enjoyed strong stock performance, with ITC’s stock rising 110% and Varun Beverages increasing by 424% in recent years.
However, the prospect of increased taxation has caused a correction, with both stocks down around 12% from their recent highs.
Analyst Insights: Analysts believe that while higher taxes could reduce sales volumes, they might also boost government revenues if managed well.
Way Forward:
Engage with Stakeholders: Regular consultations with industry stakeholders, including manufacturers and health experts, can provide valuable insights into the potential impacts of tax changes and help create balanced policies that consider both public health and economic factors.
Consider Broader Tax Reforms: The government could explore broader tax reforms that align with health objectives, such as revising tax structures for other products or services that impact public health, ensuring a comprehensive approach to taxation.
Implement the Proposed GST Increase: The government should proceed with the Group of Ministers (GoM) recommendation to raise the GST on tobacco and aerated beverages from 28% to 35%. This move aims to discourage the consumption of these harmful products while increasing government revenue.
Enhance Public Awareness Campaigns: Alongside tax increases, the government can launch public health campaigns to educate citizens about the dangers of tobacco and excessive sugar consumption. This could further support efforts to reduce demand for these products.
India’s Rural low wages pose a significant challenge, but adopting a ground-level perspective on employers’ daily realities highlights policy measures to increase the number of high-productivity employers.
What are the root causes of the current wage stagnation in India?
Economic Structure: The shift from agriculture to non-farm jobs has not been accompanied by a corresponding increase in productivity. Despite significant government spending, the flow of jobs since 1991 has not reduced farm employment, leading to wage stagnation in rural areas.
Skill Mismatch: There is a disparity between the skills available in the labour market and those demanded by employers. Many workers remain under-skilled for the higher-paying jobs that are available, perpetuating low wages.
Economic growth vs wage stagnation: Despite India’s GDP growing at a strong rate, averaging 7.8% in recent years, this growth has not led to substantial wage increases for rural workers. In fact, real wages, when adjusted for inflation, have either remained stagnant or decreased. This disparity underscores a crucial issue: the underlying nature of economic growth.
Shift to Capital-Intensive Growth: India’s recent economic growth is driven by capital-intensive sectors, which create fewer jobs, limiting the demand for rural labour and keeping wages low.
Inflation vs. Wage Growth: While nominal wages have risen, inflation has outpaced wage growth, reducing the real purchasing power of rural workers. For example, rural wages grew by 5.2% nominally, but real wage growth was negative at -0.4%.
Increased Labour Supply: Government schemes like Ujjwala and Har Ghar Jal have increased rural women’s workforce participation, intensifying competition for jobs and putting downward pressure on wages.
Agricultural Wage Stagnation: Despite steady agricultural growth (4.2% and 3.6% in recent years), wages in agriculture have not increased proportionally, limiting overall wage growth in rural areas.
How can India effectively implement a living wage system?
A living wage system ensures workers earn enough to meet basic needs like food, housing, healthcare, and education, enabling a decent standard of living beyond mere subsistence wages.
Policy Framework: Establishing a clear definition of what constitutes a living wage based on local cost of living metrics is essential. This framework should be adaptable to different regions and sectors.
Incentives for Employers: Providing tax breaks or subsidies for businesses that pay living wages can encourage compliance and support workers’ livelihoods.
Strengthening Labor Rights: Ensuring robust enforcement of labor laws that protect workers’ rights to fair wages and safe working conditions is crucial for implementing a living wage system effectively.
Public Awareness Campaigns: Educating both employers and employees about the benefits of a living wage can help shift perceptions and practices within the workforce.
What are the wage disparities in India?
Gender Wage Gap: According to the Global Gender Gap Index 2024, Indian women earn only ₹40 for every ₹100 earned by men, highlighting a significant gender pay disparity.
The economic gender parity level in India is recorded at 39.8%, indicating that while some progress has been made, substantial gaps remain in economic participation and remuneration between genders.
Regional Wage Disparities: The average daily wage for casual workers in rural areas is approximately ₹104, significantly lower than the national average of ₹247 per day for all workers.
Wage Inequality Metrics: The Gini coefficient for wages in India stands at 0.49, indicating a high level of wage inequality. The D9/D1 wage ratio, which compares the earnings of the top 10% to the bottom 10%, is 6.7, underscoring the stark contrast in earnings across different segments of the workforce.
Note: The D9/D1 wage ratio is a measure of income inequality that compares the earnings of the top 10% of wage earners (D9) to the earnings of the bottom 10% (D1) within a given population
What policy measures can be taken to address wage disparities and ensure fair compensation? (Way forward)
Rationalisation of Regulations: Streamlining regulatory frameworks to reduce bureaucratic hurdles can encourage entrepreneurship and job creation. This includes removing unnecessary jail provisions that deter business operations.
Investing in Human Capital: Prioritizing skill development programs aligned with market demands can boost employability and empower workers to secure higher-paying jobs.
Encouraging Non-Farm Employment: Policies should focus on fostering private, productive non-farm jobs through digitisation and formalization, paving the way for better wages.
Strengthening Redistribution Mechanisms: Adopting progressive taxation on higher profits can fund social programs designed to uplift wage levels across different sectors.
Fostering Long-Term Economic Planning: Crafting a comprehensive economic strategy aligned with labour market needs is essential for ensuring sustainable wage growth and effectively addressing disparities.
Mains PYQ:
Q Can the strategy of regional-resource-based manufacturing help in promoting employment in India? (UPSC IAS/2019)
The ‘Mission 100% Electrification’ project is like chasing an unrealistic dream of becoming a green railway, leading to many usable diesel locomotives becoming unnecessary.
What are the key points of the report?
Export of Repurposed Locomotives: RITES Ltd. is exporting six refurbished broad-gauge diesel locomotives to African railways after complex gauge conversion, marking a first in such re-engineering.
Idle Diesel Locomotives: Around 760 diesel locomotives, with over 60% still serviceable, are redundant due to the rapid electrification of the railway network.
Limited Environmental and Economic Gains: Electrification reduces only 2% of diesel consumption, while coal-powered electricity (50% of the total) negates environmental benefits, maintaining reliance on polluting sources.
Strategic Contradictions: Despite targeting 100% electrification, Indian Railways plans to retain 3,500 diesel locomotives for disaster management and traffic needs, undercutting “green” claims.
Policy and Financial Wastage: The rushed electrification drive has led to premature asset redundancy, wasting public funds without ensuring environmental or financial sustainability.
What constitutes greenwashing in the context of Indian Railways?
Misleading Claims of Environmental Benefits: The Indian Railways’ push for 100% electrification is framed as a move towards a “green railway.” However, this initiative overlooks the fact that a significant portion of the electricity generated in India comes from coal-fired power plants, which are environmentally harmful.
Thus, the transition from diesel to electric locomotives may merely shift pollution from one source to another without achieving genuine environmental benefits.
Redundancy of Serviceable Assets: The decision to electrify the railway network has led to the premature stabling of functional diesel locomotives, many of which have considerable residual life left.
This not only represents a waste of resources but also raises questions about the actual motivations behind electrification efforts.
Focus on Slogans Over Substance: The Mission 100% Electrification initiative appears to prioritize headline-grabbing goals over comprehensive and well-thought-out policies.
This approach can be seen as greenwashing, as it promotes an image of environmental responsibility while failing to address the underlying issues related to energy sourcing and pollution.
How do greenwashing practices impact public perception and trust?
Erosion of Credibility: When organizations like Indian Railways promote initiatives that are not genuinely sustainable, it can lead to public scepticism regarding their commitment to environmental issues.
Misallocation of Resources: Public perception may shift towards viewing government initiatives as wasteful or misguided, leading to decreased support for future projects that could have real environmental benefits.
Increased Public Scrutiny: Greenwashing practices often lead to increased scrutiny from activists, media, and the public.
As stakeholders demand transparency and accountability, organizations may face backlash for failing to deliver on their environmental promises.
What regulatory measures can be implemented to combat greenwashing in the transportation sector? (Way forward)
Clear Guidelines for Environmental Claims: Establishing stringent regulations that define what constitutes legitimate environmental benefits can help prevent misleading claims.
Organizations should be required to substantiate their claims with verifiable data and transparent reporting.
Mandatory Sustainability Reporting: Implementing requirements for regular sustainability audits and reporting can ensure that transportation entities disclose their actual environmental impact, including emissions data and energy sources used.
Public Accountability Mechanisms: Creating independent bodies to assess and review claims made by transportation sectors regarding sustainability initiatives can enhance accountability.
These bodies could provide certifications or ratings based on genuine environmental performance rather than promotional claims.
Incentives for Genuine Sustainability Efforts: Providing financial incentives or recognition for organizations that implement effective sustainability measures can encourage genuine efforts rather than superficial compliance with green initiatives.
Mains PYQ:
Q Why is Public Private Partnership (PPP) required in infrastructural projects? Examine the role of PPP model in the redevelopment of Railway Stations in India. (2022)
Carcasses of Olive Ridley turtles have been found along the Visakhapatnam coast during their breeding season, raising concerns about their conservation.
AboutOlive Ridley Turtles:
Details
Olive Ridley turtles are sea turtles known for their olive-colored carapace.
They are carnivorous, primarily feeding on jellyfish, crustaceans, and mollusks.
Unique mass nesting behavior (Arribada), where thousands of females lay eggs in synchronized waves on the same beach.
Their Habitat and Protection Status
Found in the warm waters of the Pacific, Atlantic, and Indian Oceans.
Largest rookery (breeding colony) is at Gahirmatha Marine Sanctuary, Odisha, India.
Other major nesting sites include Devi River mouth (discovered in 1981) and Rushikulya river mouth (discovered in 1994).
Protection Status:
IUCN Status: Vulnerable
CITES: Appendix I (No international trade)
Wildlife Protection Act, 1972: Schedule I (Highest level of protection)
Conservation Efforts
Project Olivia by Indian Coastguard to protect the Olive Ridley turtles, especially after the Gahirmatha rookery recognition.
Legal protections and environmental regulations safeguard nesting sites and prevent poaching.
Olive Ridley Protection Program ensures the safety of nests and hatchlings.
PYQ:
[2015] Which one of the following is the national aquatic animal of India?
The Telecom Technology Development Fund (TTDF) has facilitated a collaboration between the Centre for Development of Telematics (C-DOT) and Trois Infotech on the development of “Face Recognition Using Drone” technology.
AboutTelecom Technology Development Fund (TTDF):
Details
Launched on October 1, 2022 under the Universal Service Obligation Fund (USOF), Ministry of Telecommunications.
Supports indigenous telecom technologies, especially for rural communication needs.
About USOF (Universal Service Obligation Fund)
USOF was established in April 2002 under the Indian Telegraph (Amendment) Act 2003.
Objective: To provide financial support for telecom services in rural and remote areas that are commercially unviable.
A non-lapsable fund, with the levy amount credited for continuous use.
Operates as an attached office of the Department of Telecom, headed by an administrator appointed by the Central Government.
Initially focused on providing basic telecom services in rural areas at affordable prices.
Expanded scope to include mobile services, broadband connectivity, and infrastructure development in rural and remote areas.
Aims and Objectives
Encourage Innovation: Create synergies across stakeholders (startups, R&D, academia) and focus on rural-specific telecom solutions.
Bridge the Digital Divide: Provide affordable telecom solutions for rural areas and enhance connectivity.
Intellectual Property Creation: Support R&D projects contributing to patentable technologies.
Key Features and Structural Mandate
Funding Mechanism:
Grants for Indian startups, research institutes, academia, and telecom companies for R&D on rural telecom solutions.
Managed by Department of Telecommunications (DoT) with USOF as the administering body.
Features:
Incentives for Startups: Provides financial incentives for telecom R&D projects from prototype to commercialization.
Collaborative Framework: Promotes collaboration between stakeholders such as startups, telecom companies, universities, and R&D centers.
PoC and Pilot Support: Encourages proof of concept testing and pilots to validate technological solutions.
PYQ:
[2019] In India, which of the following review the independent regulators in sectors like telecommunications, insurance, electricity, etc.?
Ad Hoc Committees set up by the Parliament
Parliamentary Department Related Standing Committees
Finance Commission
Financial Sector Legislative Reforms Commission
NITI Aayog
Select the correct answer using the code given below:
(a) 1 and 2
(b) 1, 3 and 4
(c) 3, 4 and 5
(d) 2 and 5
The Ministry of Environment, Forest and Climate Change (MoEF&CC) has provided details of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 to the Lok Sabha.
AboutHazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016:
Details
Notified by the Ministry of Environment, Forest and Climate Change (MoEF&CC) under the Environment (Protection) Act, 1986.
Objective: Ensure safe storage, treatment, and disposal of hazardous wastes, minimizing harm to the environment and human health.
Features of the Rules
Import Regulations:
1. Import of hazardous waste listed in Part A of Schedule III is permitted for recycling, recovery, reuse, and co-processing.
2. Import for disposal is strictly prohibited in India.
3. Import is allowed only for actual users (industries) with permission from MoEF&CC and a license from DGFT.
Illegal Imports:
1. Any import of hazardous waste without prior permission from MoEF&CC is illegal.
2. Legal action can be taken under the Indian Ports Act, 1908 or the Customs Act, 1962.
3. Ports and Customs Authorities are responsible for monitoring and taking action against illegal imports.
Import/Export of Waste:
1. No hazardous waste can be imported for final disposal into India.
2. The rules specify procedures for importing and exporting hazardous waste.
3. Exemptions are made for the export of silk waste and defective electrical/electronic components.
Wastes Prohibited for Import:
1. Waste edible fats and oils (animal/vegetable origin)
2. Household waste
3. Critical care medical equipment
4. Tyres for direct re-use
5. Plastic waste, including PET bottles
6. Electrical and electronic scrap
7. Other chemical wastes, especially in solvent form
Treatment, Storage, and Disposal Facilities:
1. The rules provide clear directions on how treatment, storage, and disposal facilities should be established.
2. SPCBs must approve layout of these facilities.
Powers and Functions of State Pollution Control Boards (SPCBs)
Duties Assigned to State Governments: Allocate space for recycling and pre-processing of hazardous waste, and implement skill development activities for worker safety.
Annual Reports: State governments must submit reports on hazardous waste management to MoEFCC. SPCBs must submit an annual inventory of hazardous waste management activities to ensure compliance
Monitoring and Compliance: SPCBs monitor adherence to rules and take action against violations.
Treatment, Storage, and Disposal Facilities: SPCBs approve and monitor facilities for hazardous waste treatment, storage, and disposal.
PYQ:
[2019] As per the Solid Waste Management Rules, 2016 in India, which one of the following statements is correct?
(a) Waste generator has to segregate waste into five categories.
(b) The Rules are applicable to notified urban local bodies, notified towns and all industrial townships only.
(c) The Rules provide for exact and elaborate criteria for the identification of sites for landfills and waste processing facilities.
(d) It is mandatory on the part of the waste generator that the waste generated in one district cannot be moved to another district.
Coal & Lignite Public Sector Undertakings (PSUs) such as Coal India Limited (CIL), NLC India Limited (NLCIL), and Singareni Collieries Company Limited (SCCL) have implemented various innovative plantation techniques in addition to traditional methods to increase green cover in and around coalfields.
Achievements in Green Cover Creation:
Coal & Lignite PSUs have successfully created green cover on 10,942 hectares of land as part of their plantation and bio-reclamation efforts over the last 5 years.
The efforts are primarily focused on coal and lignite mining areas and surrounding regions.
Guidelines and EC Conditions
The MoEF&CC sets out specific and general conditions for plantation in the Environmental Clearance (EC) of coal mining projects.
Plantations are carried out on:
Reclaimed degraded forest areas
Non-forest lands and overburden dumps to ensure proper reclamation and regeneration of green cover.
Under the guidance of the Ministry of Coal, 16 Eco-parks/Mine Tourism sites have been established over the last 5 years.
These sites aim to:
Promote environmental regeneration
Encourage tourism and recreational activities in coal mining areas, boosting local economies and raising environmental awareness.
Innovative techniques for enhancing Green Cover around Coalfields
Three-tier plantation: A method involving planting different species at varying heights to create a layered canopy for enhanced biodiversity.
Seed ball plantation: Seeds are encased in soil and compost balls and thrown in barren or degraded areas to promote natural growth.
Miyawaki plantation: A high-density plantation technique aimed at creating a dense, self-sustaining forest in a shorter period.
High-tech cultivation: Utilizing modern agricultural techniques for efficient plantation and maintenance.
Bamboo plantation: Focusing on bamboo as a fast-growing and environmentally beneficial plant for reclamation.
Drip irrigation on overburden dumps: Use of efficient water management systems to promote plantation on areas like overburden dumps.
PYQ:
[2019] Consider the following statements:
As per law, the Compensatory Afforestation Fund Management and Planning Authority exists at both National and State levels.
People’s participation is mandatory in the compensatory afforestation programmes carried out under the Compensatory Afforestation Fund Act, 2016.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
The Parliamentary Standing Committee on Labour has recommended increasing the minimum pension of ₹1,000 paid by the Employees’ Provident Fund Organisation (EPFO) under the Employees’ Pension Scheme (EPS).
About theEmployees’ Pension Scheme (EPS):
Details
Introduced in 1995 by the Employees Provident Fund Organisation (EPFO) under the Ministry of Labour and Employment.
Provides pension benefits to employees in the organized sector.
Aims and Objectives
To provide pension benefits to employees in the organized sector.
Ensures financial security for employees post-retirement or in case of disability or death.
Features and Significance
Employee and Employer Contribution: Both contribute 12% of the salary towards the EPF.
Employer’s Contribution: 8.33% of the employer’s contribution goes towards the pension fund.
Union Government Contribution: 1.16% of the employee’s basic salary is contributed to the pension fund.
Pension Fund Setup: The fund is created by allocating 8.33% of the employer’s contribution from the EPF corpus.
Structural Mandate and Implementation
Supreme Court in November 2022, the court upheld the Employees’ Pension (Amendment) Scheme, 2014, extending the deadline for opting for the new scheme by 4 months.
Pre-Amendment Scheme: Pensionable salary was based on the average salary of the last 12 months prior to exiting the pension fund.
Post-Amendment Scheme (2014): Pensionable salary based on average salary of the last 60 months (5 years).
Eligibility Criteria
Applies to employees whose basic salary exceeds ₹15,000 per month.
Employees who are members of the Employees’ Provident Fund (EPF) and meet the contribution requirements are eligible for the scheme.
PYQ:
[2021] With reference to casual workers employed in India, consider the following statements:
1. All casual workers are entitled for Employees Provident Fund coverage.
2. All casual workers are entitled for regular working hours and overtime payment.
3. The government can by a notification specify that an establishment or industry shall pay wages only through its bank account.
PYQ Relevance: Q) Discuss the procedures to decide the disputes arising out of the election of a Member of the Parliament or State Legislature under The Representation of the People Act, 1951. What are the grounds on which the election of any returned candidate may be declared void? What remedy is available to the aggrieved party against the decision? Refer to the case laws. (UPSC CSE 2022)
Mentor’s Comment: UPSC mains have always focused on major issues like the Election Commission of India (2022) and the Representation of Peoples Act, of 1951 (2022).
In 1999, Sonia Gandhi contested from Bellari (Karnataka) and Amethi (Uttar Pradesh), winning both but retaining Amethi. During the 2014 elections, PM Modi contested from Vadodara (Gujarat) and Varanasi (Uttar Pradesh), winning both but choosing to keep Varanasi.
Today’s Editorial discusses the implications and challenges of allowing a single candidate to contest elections from multiple constituencies in India. This content is significant for answering the questions around electoral integrity, representation, and the overall democratic process.
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Let’s learn!
Why in the News?
In India, candidates are permitted to contest elections from more than one constituency. This has become a common strategy for political parties to maximize their chances of winning seats in the legislature.
Key Features of the Representation of the People Act, 1951
• Conduct of Elections: The Act provides detailed procedures for conducting elections to the Lok Sabha (House of the People) and state legislative assemblies, ensuring free and fair electoral processes.This law permits candidates to contest elections from two constituencies simultaneously. However, if a candidate wins from both, they must vacate one seat within 14 days, triggering a by-election in the relinquished constituency. • Eligibility Criteria: It outlines qualifications for candidates contesting elections, including age, citizenship, and other criteria necessary for membership in the Parliament and state legislatures. • Disqualifications: The Act specifies grounds for disqualification of candidates, such as criminal convictions (Section 8), mental incapacity, and other factors that may affect a candidate’s ability to serve effectively.The Act provides mechanisms for resolving disputes arising from elections, including procedures for challenging election results in court. • Corrupt Practices: The Act defines corrupt practices related to elections (Section 123), including bribery, undue influence, and other electoral malpractices. This provision aims to uphold the integrity of the electoral process. • Election Commission Powers: It grants significant powers to the Election Commission of India (ECI) for overseeing elections, managing electoral rolls, and ensuring adherence to election laws. Section 29A allows political parties to register with the Election Commission, establishing a framework for party participation in elections. • By-elections: Provisions are included for conducting by-elections when a seat becomes vacant due to various reasons such as resignation or disqualification. • Administrative Machinery: The Act lays down the administrative structure required for conducting elections efficiently, detailing roles and responsibilities of various officials involved in the electoral process. The Act has been amended multiple times since its enactment to address emerging challenges in the electoral landscape and improve the electoral process.
What are the legal implications of a candidate contesting from multiple constituencies?
Increased Financial Burden: The practice of contesting from multiple constituencies leads to additional taxpayer costs due to frequent by-elections.
For example, the administrative cost of the 2014 general elections was ₹3,870 crore, projected to rise to ₹6,931 crore in 2024. If multiple candidates win from two constituencies, the extra cost for holding by-elections can amount to around ₹130 crore.
This financial burden ultimately falls on the public and is compounded by significant expenditures from political parties.
Favoring the Ruling Party: By-elections often tend to favor the ruling party because they can mobilize resources and provide patronage more effectively than opposition parties. This creates an uneven playing field.
Repetition of Costs for Defeated Candidates: Candidates who lose in their primary constituencies but still contest from multiple seats face a disproportionate financial burden when by-elections are necessitated by winning candidates vacating their seats.
This forces them to expend additional resources on campaigning for a second time.
Undermining Democratic Principles: This practice prioritizes political leaders’ interests over those of the electorate. It acts as a hedging mechanism against uncertainties rather than focusing on serving constituents’ needs.
Voter Confusion and Discontent: Contesting from multiple constituencies can lead to voter confusion regarding representation and accountability. When elected representatives vacate seats shortly after winning them, it can cause disillusionment among voters. Such actions can diminish voter turnout and engagement in subsequent elections.
How does contesting from multiple constituencies affect electoral fairness and representation?
Undermines Equal Representation: Each voter is entitled to one vote, yet candidates can leverage their influence across multiple areas, potentially sidelining local issues and needs in favor of broader political ambitions.
Increased Costs and Resource Waste: The practice leads to frequent by-elections when candidates vacate seats after winning multiple constituencies. This not only incurs significant costs for taxpayers but also wastes resources that could be better utilized elsewhere.
Voter Disenfranchisement and Confusion: When candidates win from multiple constituencies and subsequently vacate one seat, it can lead to voter confusion about representation. This practice may cause disillusionment among constituents who feel their needs are not being prioritized.
Perception of Manipulation and Corruption: Contesting from multiple constituencies can foster perceptions of manipulation within the electoral system, where candidates appear more focused on personal political gain rather than serving their constituents. This perception can erode public trust in the democratic process.
What are the political motivations behind this practice?
Strategic Advantage: Contesting from multiple constituencies allows candidates to maximize their chances of electoral success by hedging against uncertainties in voter preferences. This strategy is particularly useful in competitive political environments.
Resource Mobilization: Candidates who are part of ruling parties can leverage their party’s resources and influence across multiple constituencies, giving them an advantage over opposition candidates who may lack similar support.
Demonstrating Party Strength: By contesting from various constituencies, candidates can project their party’s strength and reach, potentially swaying voter sentiment in their favor across broader regions.
Perception of Legitimacy: Winning from multiple constituencies can enhance a candidate’s perceived legitimacy and popularity, reinforcing their position within their party and among voters.
How does this issue need to be addressed in the Indian context?
Amendment of the Representation of the People Act, 1951: Amend Section 33(7) to prohibit candidates from contesting elections from more than one constituency at a time. This would eliminate the practice of winning multiple seats and subsequently vacating one, thus reducing the frequency of by-elections.
Imposing Financial Accountability: Introduce a provision requiring candidates who contest from multiple constituencies and subsequently cause by-elections to deposit a specified amount (e.g., ₹5 lakh for assembly elections) to cover the costs incurred by conducting those by-elections.
Strengthening Election Commission Authority: Enhance the powers of the ECI to monitor and regulate electoral practices more effectively. This includes ensuring compliance with electoral laws and addressing grievances related to candidate conduct.
Encouraging Political Party Reforms: Encourage political parties to adopt internal democratic processes that ensure candidates are selected based on merit and local support rather than merely party loyalty. This can help foster genuine representation in constituencies.
Recently, the SC considered a Public Interest Litigation (PIL) advocating for the applicability of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 to political parties.
What is the legal status of political parties concerning the POSH Act?
Current Legal Interpretation: The Kerala HC previously ruled that political parties do not fall under the scope of the POSH Act due to a lack of an employer-employee relationship with their members. This interpretation suggests that political parties are not obligated to establish ICCs as required by the Act.
Definition of Workplace: The POSH Act defines “workplace” broadly, including various public and private entities. However, applying this definition to political parties is complex, as many party workers operate without a defined workplace and often have temporary roles that do not align with traditional employment structures.
Potential for Inclusion: Advocates argue that since the POSH Act includes locations visited by employees during their course of employment, it could extend protections to party workers in field operations. The definition of “employee” also encompasses temporary and contract workers, which could potentially include political party members.
How can Internal Complaints Committees (ICCs) be effectively established?
What are Internal Complaints Committees (ICCs)?
ICCs are mandated bodies established under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in India. These committees play a crucial role in addressing complaints of sexual harassment in the workplace, ensuring a safe and supportive environment for all employees.
Need for ICCs: The recent PIL presented in the court emphasizes that political parties should have mechanisms to address sexual harassment complaints in line with the POSH Act.
Currently, internal discipline mechanisms within parties may not adequately address issues of sexual harassment or comply with ICC requirements under the Act.
Challenges in Implementation: Creating ICCs within political parties poses challenges due to their non-traditional structures. The determination of who qualifies as an “employer” in this context is crucial for establishing accountability and compliance with the POSH Act.
Existing Party Structures: Political party constitutions outline hierarchical structures that could potentially facilitate the establishment of ICCs. However, these existing frameworks may not meet the requirements set forth by the POSH Act regarding membership and external oversight.
What role should the ECI play in enforcing compliance with the POSH Act?
Competent Authority: The Supreme Court directed that any grievances regarding the application of the POSH Act to political parties should first be addressed to the ECI, which is seen as the competent authority for enforcing compliance among registered political entities.
Historical Context: The ECI has previously been involved in ensuring compliance with other laws applicable to political parties, such as the Right to Information Act. However, its role concerning workplace harassment laws remains less defined.
Future Implications: If political parties are compelled to comply with the POSH Act through ECI directives, it could set a precedent for accountability and gender equality in politics, potentially influencing broader societal norms regarding workplace harassment.
Way forward:
Strengthening Compliance Framework: The Election Commission of India (ECI) should issue clear guidelines requiring political parties to establish Internal Complaints Committees (ICCs) in alignment with the POSH Act, ensuring accountability and gender-sensitive grievance redressal mechanisms.
Legislative Clarification: Amend the POSH Act to explicitly include political parties within its scope, defining “employer” and “workplace” in the context of party structures to address the unique challenges of non-traditional workplaces.
Mains PYQ:
Q What are the continued challenges for Women in India against time and space? (UPSC IAS/2019)
Reliance on critical mineral imports, especially from China, poses strategic concerns. To address this, the Indian government is advancing its Mineral Diplomacy to enhance security and reduce strategic vulnerabilities.
What is Mineral diplomacy?
Mineral diplomacy refers to a nation’s strategic efforts to secure critical mineral supplies through international partnerships, trade agreements, and resource-sharing initiatives, ensuring economic stability and reducing geopolitical vulnerabilities.
India’s Mineral Diplomacy of 2024
Aim: To coordinate efforts in securing access to critical minerals both domestically and internationally. It focuses on enhancing resource mapping, accelerating exploration activities, and developing resilient supply chains for minerals vital to India’s industrial and green energy targets.
Key Features:
International Partnerships: India is actively engaging with resource-rich countries, particularly in Africa, to secure essential minerals. This includes participation in the Mineral Security Partnership (MSP) and bilateral agreements like the India-Australia Critical Minerals Investment Partnership, which are designed to fortify supply chains and position India as a key player in global mineral diplomacy.
Domestic Reforms: The Mines and Minerals (Development and Regulation) Amendment Bill, 2023 allows private sector participation in exploring critical minerals. This reform is expected to boost domestic supply and reduce reliance on imports, aligning with India’s goal of achieving self-sufficiency.
Geopolitical Context: As global competition for critical minerals intensifies, India’s mineral diplomacy is not just about securing resources but also about establishing itself as a significant player in the clean energy economy.
India is emphasizing responsible mining practices to differentiate itself from competitors like China.
Focus on Recycling: The mission prioritizes recycling critical minerals from electronic waste and used batteries, ensuring resource efficiency and sustainability amidst limited reserves.
Investment in Technology: India plans to leverage advanced technologies such as AI and machine learning for geological mapping to enhance exploration efforts.
What are the strategic objectives of India’s Critical Mineral Mission 2024?
India’s Critical Mineral Mission aims to secure a stable supply of essential minerals for its economic and technological growth. The strategic objectives include:
Reducing Import Dependency: By decreasing reliance on imports, particularly from China, India seeks to enhance its mineral security and mitigate economic risks associated with geopolitical tensions.
Enhancing Domestic Production: The mission focuses on boosting domestic exploration and production capabilities for critical minerals, thereby fostering self-sufficiency.
Facilitating Recycling and Sustainable Practices: Emphasis is placed on recycling critical minerals to ensure a sustainable supply chain while addressing environmental concerns.
How is India leveraging international partnerships to enhance its mineral supply chains?
India is actively engaging in international partnerships to enhance its mineral supply chains through several strategic initiatives:
Bilateral Agreements: India has established partnerships with resource-rich countries like Australia, Argentina, and Kazakhstan to secure supplies of lithium and cobalt. For instance, KABIL signed a memorandum of understanding with Australia for lithium and cobalt projects.
Joint Ventures: The formation of joint ventures, such as IREUK Titanium Limited with Kazakhstan, aims to develop production capabilities within India, thus integrating into the global supply chain.
Multilateral Engagements: India is participating in multilateral initiatives like the Quad and the G-7 to align with global best practices in mineral security and facilitate knowledge sharing.
What challenges does India face in its mineral diplomacy efforts?
Despite the positive outcomes of India’s mineral diplomacy, several challenges hinder its effectiveness:
Lack of Private Sector Participation: The absence of a clear roadmap for private sector involvement in the critical minerals supply chain limits India’s ability to leverage domestic capabilities fully.
Weak Diplomatic Capacity: Insufficient diplomatic resources and expertise in mineral diplomacy pose challenges in forming sustainable international partnerships.
Need for Comprehensive Strategy: A cohesive strategy that integrates private sector roles and addresses supply chain vulnerabilities is essential for enhancing India’s mineral security efforts. The current lack of such a strategy hampers effective engagement with international partners.
Way forward:
Develop a Comprehensive Critical Minerals Policy: Formulate a cohesive strategy integrating private sector participation, incentivizing domestic exploration, and addressing supply chain vulnerabilities.
Strengthen Mineral Diplomacy Capacity: Expand diplomatic resources and expertise in mineral partnerships, focusing on resource-rich nations and multilateral platforms. Establish specialized teams to negotiate sustainable agreements, ensuring secure and diversified supply chains.
Mains PYQ:
Q A number of outside powers have entrenched themselves in Central Asia, which is a zone of interest to India. Discuss the implications, in this context, of India’s joining the Ashgabat Agreement, 2018. (UPSC IAS/2018)
UCC is envisioned under Article 44 of the Constitution, which calls for securing a UCC for all citizens throughout India.
Personal law subjects, including marriage, divorce, and inheritance, fall under the Concurrent List.
Hindu personal laws:Also applicable to Sikhs, Jains, and Buddhists as well, were codified by Parliament in 1956, encompassing: The Hindu Marriage Act, 1955 The Hindu Succession Act, 1956 The Hindu Minority and Guardianship Act, 1956 The Hindu Adoption and Maintenance Act, 1956.
Muslim personal matters are governed by the Shariat law of 1937.
The state refrains from interfering, and religious authorities decide based on Quran and Hadith.
UCC measures in India:
Special Marriage Act, 1954: Permits civil marriage for any citizen, regardless of religion, allowing marriage outside religious customs.
Shah Bano Case 1985: Supreme Court ruled in favour of Shah Bano for maintenance under Section 125 of CrPC, advocating for a UCC.
Sarla Mudgal Judgement 1995 and Paulo Coutinho vs Maria Luiza Valentina Pereira case 2019: Supreme Court reiterated the need for implementing the UCC, urging the government to enact it.
What KM Munshi Said on UCC
Support for UCC: During the Constituent Assembly debate on November 23, 1948, KM Munshi advocated for the UCC. He rejected the argument that it would be tyrannical towards minorities.
Counterarguments: Munshi pointed out that advanced Muslim countries did not regard personal law as untouchable and had implemented civil codes.
Equality for Women: He emphasized that without a UCC, women’s rights in personal matters (like inheritance and succession) would remain unequal, particularly in Hindu law, which discriminated against women.
National Unity: Munshi linked UCC with national unity, stating that religion should be restricted to spiritual spheres and that social and civil matters should be regulated uniformly for the progress of the nation.
What Ambedkar Said on UCC
Support for UCC: Dr. B.R. Ambedkar, in the debate, did not delve into the merits or demerits of a UCC but strongly supported Article 35 (which was later renumbered as Article 44 of the Constitution of India), which called for securing a uniform civil code for citizens.
Challenging Religious Personal Laws: He criticized the view that Muslim personal law was immutable and noted that regions like the North-West Frontier Province (pre-independence) followed Hindu law for issues like succession.
State Power and Personal Law: He argued that religion should not govern personal laws and that the State had the right to legislate and reform social systems to address inequities and discriminations in personal laws.
What happened at the end of the Debate?
Passage of Article 35: After discussions, Article 35 was passed by the Constituent Assembly. This article laid down the directive principle that the State shall endeavor to secure a UCC for the citizens of India.
Renumbering to Article 44: Later, this article was renumbered as Article 44 in the Indian Constitution. It continues to remain a Directive Principle of State Policy (DPSP), guiding future policies on personal laws and advocating for uniformity in civil matters across religious communities.
Bharatmala Pariyojana is a comprehensive road development project initiated by the Government of India to improve connectivity and reduce logistics costs across the country.
The total length covered under the scheme is 34,800 km, with an estimated cost of Rs. 5.35 lakh crore.
About Bharatmala Pariyojana
Details
Launched to improve road connectivity, enhance freight/passenger movement, and reduce logistics costs.
First-phase launched in 2017, covering 34,800 km of roads, with an estimated cost of Rs. 5.35 lakh crore.
Long-term goals to be completed in phases over several years.
Key Components:
Economic Corridors & Efficiency: Focus on developing 26,000 km of roads and improving the Golden Quadrilateral and North-South/East-West Corridors.
Inter-State & Feeder Routes: 8,000 km of interstate corridors and 7,500 km feeder routes.
Border & International Roads: 2,000 km of roads for trade and security.
Coastal & Port Connectivity: 2,000 km of roads for better port connectivity.
Green-Field Expressways: New expressways to reduce congestion.
Aims and Objectives
50 national corridors to be constructed, reducing freight traffic congestion and facilitating movement on national highways.
550 districts to be connected nationwide, up from the current 300 districts linked with national highways.
Logistic Performance Index (LPI) to be introduced, helping identify trade and logistics challenges and opportunities.
Expected to increase employment opportunities for people.
Funding and Implementation
Central Road and Infrastructure Fund (CRF): Created under the Central Road Fund Act, 2000, this non-lapsable fund is used for building and upgrading national highways and other infrastructure, funded through cess on petrol and diesel.
Monetization of National Highways: The monetization of existing infrastructure assets is used as a source of funding.
Private Sector Investment: Bharatmala invites participation from the private sector for funding and execution of certain projects.
Additional Budgetary Support: Funds from additional budgetary allocations by the central government also support the project.
Do you know?
Sagarmala Programmeapproved in 2015, focuses on port infrastructure development along the 7,516-km coastline through modernisation, mechanisation, and computerisation.
Parvatmala (National Ropeways Development Programme)announced in Union Budget 2022-23 to improve connectivity in hilly areas, under MORTH.
Implemented in PPP mode as an ecologically sustainable alternative to conventional roads in challenging terrains.
Initial regions: Uttarakhand, Himachal Pradesh, Manipur, Jammu & Kashmir, and North Eastern states.
PYQ:
[2017] With reference to ‘National Investment and Infrastructure Fund’, which of the following statements is/are correct?
It is an organ of NITI Aayog.
It has a corpus of Rs 4,00,000 crore at present.
Select the correct answer using the code given below:
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
A recent study suggests that the Arctic Ocean may experience its firstice-free day—where sea ice falls below one million square kilometres—by 2030, or even sooner.
Key Highlights of the Study
First Ice-Free Day Prediction: The study predicts that the Arctic Ocean could experience its first ice-free day (less than one million square kilometres of sea ice) by 2030, or even sooner, depending on climatic conditions.
Simulations and Models:
11 different climate models were used to run 366 simulations from 2023 to 2100 to assess the future of Arctic sea ice.
Most simulations predict the ice-free day within 7 to 20 years, with some models suggesting it could happen as early as September 2027.
Conditions for Ice-Free Day: The occurrence of an ice-free day will depend on a combination of unusually warm seasons and stormy weather, which accelerates the melting of the sea ice.
Impact on Sea Ice: Once the first ice-free day occurs, it could be followed by an ice-free period lasting between 11 to 53 days, potentially leading to the first ice-free month.
How does the Arctic Tundra store Carbon?
The Arctic tundra stores carbon primarily through a process where plants absorb carbon dioxide (CO2) from the atmosphere via photosynthesis.
This carbon gets trapped in the soil and organic matter (plants and animals) that accumulate over time.
The cold Arctic climate slows the decomposition of plant and animal remains, meaning that organic materials, including carbon, remain locked in the permafrost.
This permafrost acts as a natural storage system, preventing CO2 from being released back into the atmosphere.
Scientists estimate that the Arctic tundra holds about 1.6 trillion metric tonnes of carbon, which is roughly double the amount of carbon in the Earth’s atmosphere.
Why is the Arctic Tundra emitting more carbon than absorbing it?
Rising temperatures in the Arctic are causing the permafrost to thaw at an accelerated rate.
When permafrost thaws, microbes in the soil become active, breaking down the organic material trapped in the frozen ground, which results in the release of carbon dioxide (CO2) and methane (CH4), two potent greenhouse gases.
The Arctic has been warming at a rate four times faster than the global average.
2024 was the second-warmest year on record for the region, contributing significantly to the thawing of the permafrost.
Wildfires in the Arctic have become more frequent and intense, further accelerating the thawing of permafrost. Wildfire smoke also contributes to the release of greenhouse gases.
Between 2001 and 2020, the combination of rising temperatures and increased wildfires led to the Arctic tundra releasing more carbon than it absorbed, marking a significant shift in its role from a carbon sink to a carbon emitter.
Why does it matter?
Climate Change Acceleration: The loss of sea ice will amplify the Albedo effect, causing the Arctic region to absorb more sunlight and heat, which will accelerate global warming and trigger extreme weather events in mid-latitudes.
Rising Sea Levels: The loss of Arctic ice contributes to sea level rise, with potential long-term impacts on coastal populations and ecosystems, particularly if the Greenland ice sheet melts completely, which could raise sea levels by 6 meters.
Ecosystem and Species Impact: The melting of sea ice will threaten species that rely on the ice for habitat, such as polar bears, walruses, and reindeer, disrupting the Arctic food chain.
Human and Infrastructure Threats: Arctic communities and their infrastructure are at risk as the region warms at four times the global average, threatening the livelihoods of people living in these areas.
Back2Basics: Albedo Effect
It refers to the measure of how much sunlight is reflected by a surface.
It is expressed as a percentage; a surface with a high albedo reflects more sunlight, while a surface with a low albedo absorbs more.
Light-colored surfaces like ice and snow have high albedo, reflecting most of the sunlight, whereas dark surfaces like oceans and forests have low albedo, absorbing more heat.
PYQ:
[2022] Discuss global warming and mention its effects on the global climate. Explain the control measures to bring down the level of greenhouse gases which cause global warming, in the light of the Kyoto Protocol, 1997.
[2012] The increasing amount of carbon dioxide in the air is slowly raising the temperature of the atmosphere because it absorbs:
(a) the water vapour of the air and retains its heat
(b) the ultraviolet part of the solar radiation
(c) all the solar radiations
(d) the infrared part of the solar radiation
PYQ Relevance: Q) Do you think that Constitution of India does not accept principle of strict separation of powers rather it is based on the principle of ‘checks and balance’? Explain. (UPSC CSE 2019)
Mentor’s Comment: UPSC mains have always focused on major issues like Constitutional Principles (2019) and Basic structure (2014 and 2019) of our Constitution.
The 2024 general elections saw a turnout of approximately 65.79%. While India’s Constitution provides for a strong framework of rights and governance, its effectiveness has been compromised by political interference and corruption. The judiciary’s ability to enforce laws impartially is often challenged by political dynamics, leading to perceptions of selective justice.
Today’s editorial highlights critical concerns regarding recent actions that may undermine the foundational principles enshrined in the Indian Constitution. It talks about the significant in the current political climate, as it addresses issues of governance, civil liberties, and the rule of law. This content can be used to reflect the Constitutional governance issues in India.
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Let’s learn!
Why in the News?
In the light of a controversial ruling by the Allahabad High Court, debates around Nationalism, Secularism, and Civil liberties are increasingly polarized, which has led to a resurgence of interest in how constitutional principles are being interpreted and applied in contemporary governance.
What are the debates and key issues highlighted recently?
• Freedom of Speech vs. Responsibility: The Allahabad High Court recently upheld a charge against an individual, Owais Khan, for mocking a Hindu deity on social media. ○ The court emphasized that while freedom of speech is a fundamental right in India, it is not absolute. ○ This means that individuals must exercise this freedom with a sense of responsibility, particularly when it comes to respecting the beliefs and sentiments of others.
•Judicial Activism and Accountability: Certain judicial decisions as given below may reflect a departure from constitutional values. 1. Zakia Jafri Case (2022): The Supreme Court dismissed a plea for further investigation into the 2002 Gujarat riots, stating there was no evidence of a larger conspiracy. This ruling was controversial as it was perceived to undermine accountability for state actions during communal violence, raising concerns about the rule of law and justice for victims. 2. Umar Khalid’s Bail Denial: The Delhi High Court denied bail to activist Umar Khalid, citing a prima facie case against him. Critics argue that this decision reflects an overreach of judicial authority and raises questions about the treatment of dissenters in politically sensitive cases.
•Supreme Court on Places of Worship: The Supreme Court recently barred new suits against places of worship, which has implications for ongoing disputes over religious sites.This decision has been viewed as an attempt to maintain communal harmony but also raises concerns about the judiciary’s involvement in sensitive religious matters.
•Controversial Remarks by Judges: Instances like Justice Srishananda’s remarks referring to a Muslim-majority area as “Pakistan” highlight how judicial comments can perpetuate biases and affect public perception of the judiciary’s impartiality. Such statements have prompted calls for clearer guidelines on judicial conduct
•Secularism and Pluralism: The court’s stance on respecting religious sentiments is framed within the broader context of India’s secular fabric. ○ True secularism requires not only tolerance but also an active promotion of fraternity among diverse communities, which seems to be at risk amid rising tensions surrounding religious identities.
•Public Perception and Constitutional Compact: These actions are perceived as mockery of constitutional principles and can erode public confidence in democracy. ○ It calls for a reaffirmation of commitment to the values of justice, liberty, and equality as outlined in the Preamble to the Constitution.
What are the other contemporary challenges facing the Indian Constitution?
Rise of Hindu Nationalism: The ascent of Hindu nationalism poses a significant threat to the secular and pluralistic fabric of India. Policies such as the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC), have sparked debates about their alignment with constitutional values of equality and secularism.
Erosion of Civil Liberties: There has been rising communal violence, restrictions on freedom of speech, and attacks on media independence, which deviate from the constitutional promise of a democratic society.
Judicial Independence and Institutional Integrity: The independence of the judiciary is under scrutiny as there are fears that political considerations may influence judicial decisions. The weakening of institutional checks and balances threatens the foundational principle of separation of powers, which is crucial for maintaining democratic governance.
Social and Economic Inequalities: The influence of money and muscle power in politics exacerbates persistent social and economic disparities, undermining democratic processes and leading to questions about fair representation. The non-enforceability of Directive Principles of State Policy further complicates efforts to address these disparities effectively.
Federalism and Centralization: Initiatives like “One Nation, One Election” could undermine the autonomy of state governments, affecting local governance and representation. Critics argue that this centralization could dilute regional identities and issues.
What implications do these challenges have for India’s democratic framework?
Erosion of Democratic Norms: As the judiciary grapples with issues like political interference and judicial overreach, there is a risk of eroding democratic norms.
When judicial decisions appear to align with political interests rather than constitutional principles, it undermines the public’s trust in the judiciary as an impartial arbiter of justice.
Threat to Fundamental Rights: Challenges such as restrictions on freedom of speech and assembly can directly impact citizens’ fundamental rights. If the judiciary fails to protect these rights effectively, it may result in a chilling effect on dissent and activism, weakening the democratic fabric that relies on robust public discourse and participation.
Judicial Independence at Risk: The increasing politicization of the judiciary threatens its independence, which is crucial for maintaining checks and balances in governance.
A compromised judiciary may lead to unchecked executive power, resulting in potential abuses and violations of citizens’ rights.
Increased Polarization: The rise of identity politics and communal tensions can exacerbate societal divisions, making it difficult for the judiciary to operate effectively.
When legal interpretations are influenced by political ideologies or communal sentiments, it can lead to verdicts that favor one group over another, undermining the principle of equality before the law.
Impact on Governance and Accountability: Judicial decisions that favor state actions without adequate scrutiny can diminish accountability in governance. This could enable corruption and misuse of power by public officials, further eroding public confidence in democratic institutions.
How has the judiciary responded to perceived threats against constitutional values?
Judicial Review: The Indian judiciary exercises the power of judicial review, allowing it to examine the constitutionality of legislative and executive actions.
This power is enshrined in Articles 13, 32, and 226 of the Constitution, which enable the Supreme Court and High Courts to strike down laws or actions that violate fundamental rights or exceed the authority granted to the legislature or executive.
Minerva Mills v. Union of India (1980): This landmark judgment reaffirmed the supremacy of the Constitution over parliamentary authority, emphasizing that laws infringing on fundamental rights could be invalidated.
Kesavananda Bharati v. State of Kerala (1973): The Supreme Court established the “basic structure” doctrine, asserting that certain fundamental features of the Constitution cannot be altered or destroyed by amendments.
Protection of Fundamental Rights: The judiciary has consistently defended individual rights against state encroachments. The courts have expanded the interpretation of fundamental rights, ensuring they encompass a broader range of protections for citizens.
In cases like Maneka Gandhi v. Union of India (1978), the Supreme Court broadened the scope of Article 21 (right to life and personal liberty), ruling that due process must be followed in any deprivation of life or liberty.
The judiciary has also intervened in cases involving social justice, such as ensuring rights for marginalized communities and addressing issues like sexual harassment through interpretations aligned with international human rights standards.
Upholding Judicial Independence: Judicial independence is seen as crucial for maintaining constitutional integrity. The judiciary has asserted its role as a guardian of the Constitution, often resisting pressures from other branches of government.
Justice Kurian Joseph emphasized that as long as an independent judiciary exists, there is no threat to the Constitution, highlighting the judiciary’s role in safeguarding democratic values and individual rights.
Way Forward:
National Judicial Commission (NJC): Forming an NJC to oversee the appointment of judges can ensure transparency and accountability in judicial appointments, reducing political influence.
Expansion of the e-Courts Project: Enhancing digital infrastructure for courts, including online case filing and AI-assisted case management, can significantly reduce delays and improve access to justice.
Implementing systems like FASTER (Fast and Secured Transmission of Electronic Records) for quick communication of court orders will also expedite processes.
Promoting Legal Literacy: Increasing public awareness about legal rights and judicial processes through educational campaigns can empower citizens to engage more effectively with the legal system.
Amid intense debates between the government and the opposition, the Lok Sabha passed the Railways (Amendment) Bill, in 2024.
What were the significant key features of the bill?
Repeal of the Indian Railway Board Act, 1905: The Bill repeals the 1905 Act, which governed the establishment and powers of the Railway Board. Provisions from the 1905 Act are now incorporated into the Railways Act, of 1989, for a unified legal framework.
It combines the provisions of the 1905 Act and the 1989 Act, reducing legislative redundancy and simplifying governance.
Constitution of the Railway Board: It empowers the central government to determine:
The number of Railway Board members.
Qualifications, experience, and terms of service for the Chairman and members.
Method of appointment for these positions.
Streamlining Legal Provisions: It consolidates provisions for easier administration and reduces the need for cross-referencing between multiple laws.
It enables the central government to prescribe updated qualifications and service terms for Railway Board members, potentially improving leadership quality.
Administrative Integration: It maintains the Railway Board’s central authority while aiming for operational efficiency and uniformity in governance.
It aligns with recommendations for a modernized railway structure, paving the way for potential decentralization and private sector participation.
Development Goals: The Bill is in line with India’s broader infrastructure and economic development objectives, which depend heavily on an efficient railway system.
Why did the Government Bring the Bill?
The government aims to repeal the Indian Railway Board Act of 1905 and integrate its provisions into the Railways Act of 1989, simplifying the legal framework governing Indian Railways and reducing reliance on multiple laws.
The government argues that this integration will enhance the efficiency and development of railways, allowing for better governance and decision-making within the Railway Board.
Since its inception, the Railway Board has operated under the 1905 Act. The new Bill seeks to modernize this structure by aligning it with contemporary governance practices.
What did MPs Say About the Bill?
Support from Government MPs: The ruling party MPs praised the Bill as a significant step towards modernizing and strengthening Indian Railways, asserting that it would enhance the functions and independence of the Railway Board.
Concerns from Opposition MPs: Opposition members argued for an independent Railway Board free from government control and highlighted that the Bill does not address critical issues like:
Concerns About Privatization: The Opposition party is worried that the new Bill could lead to the privatization of Indian Railways, making it less accessible to poorer people.
Loss of Independence: Many Members of Parliament (MPs) are concerned that more government control over appointments to the Railway Board could reduce the independence of Indian Railways.
Restoration of Discounts: Several MPs are calling for the return of fare discounts for senior citizens, journalists, and economically weaker groups, which were stopped during the pandemic.
Calls for Inclusivity: Some MPs raised concerns about representation within the Railway Board, questioning whether marginalized groups would be adequately represented in appointments.
Way forward:
Strengthen Railway Board Autonomy: Establish an independent regulatory framework to ensure the Railway Board operates with greater autonomy, focusing on safety, operational efficiency, and decentralization at zonal and divisional levels.
Inclusive Representation and Expertise: Mandate merit-based appointments to the Railway Board, ensuring adequate representation of marginalized groups (SCs, STs, OBCs, and women) while emphasizing domain expertise for effective governance.
Mains PYQ:
Q The setting up of a Rail Tariff Authority to regulate fares will subject the cash strapped Indian Railways to demand subsidy for obligation to operate non-profitable routes and services. Taking into account the experience in the power sector, discuss if the proposed reform is expected to benefit the consumers, the Indian Railways or the private container operators. (UPSC IAS/2014)
The National Mental Health Programme (NMHP) is a flagship initiative by the Government of India aimed at addressing the growing mental health challenges in the country.
About National Mental Health Programme (NMHP):
Details
Initiated in 1982 and restructured in 2003, the NMHP aims to modernize mental health facilities and upgrade psychiatric wings in medical institutions.
Features and Signficance
The program has 3 components:
1. Treatment of mentally ill
2. Rehabilitation
3. Prevention and promotion of positive mental health.
Aims and Objectives
Prevention and treatment of mental and neurological disorders and their associated disabilities.
Use of mental health technology to improve general health services.
Application of mental health principles in total national development to improve quality of life.
Structural Mandate
The District Mental Health Programme (DMHP), based on the Bellary Model, focuses on community mental health services at the primary healthcare level, spanning 716 districts.
DMHP provides outpatient services, counselling, psycho-social interventions, and support for severe mental disorders.
Priority given to mental morbidity and treatment.
Primary healthcare services at village and sub-center levels.
Services at the Primary Health Center (PHC) and District Hospital levels.
Facilities at Mental Hospitals and Teaching Psychiatric Units.
Back2Basics: The Mental Healthcare Act, 2017
It replaced the Mental Healthcare Act, 1987, which was criticized for failing to recognize the rights of mentally ill individuals.
It ensures the Right to Access to Healthcare and aims to ensure the rights and dignity of those with mental illness.
It decriminalized suicide, stating that attempts are presumed to be under severe stress and shall not be punished.
Indian and Nicaragua has signed an umbrella agreement on Quick Impact Projects (QIPs).
The agreement aims at socio-economic development by implementing QIPs in Nicaragua, which will directly benefit local communities.
About Nicaragua: Quick Facts
Nicaragua is located in Central America, bordered by Honduras to the north, Costa Rica to the south, the Pacific Ocean to the west, and the Caribbean Sea to the east.
The capital of Nicaragua is Managua; official language spoken in Nicaragua is Spanish; currency is the Nicaraguan córdoba (NIO).
Nicaragua operates as a unitary presidential republic.
The country’s economy is primarily based on agriculture, including coffee, bananas, and sugar, along with manufacturing and mining.
Geographical Features:
Nicaragua’s topography is predominantly mountainous in the interior, with lowland plains along its Pacific and Caribbean coasts.
The country is home to over 20 volcanoes, with active ones such as Masaya and San Cristóbal.
The largest lake in Nicaragua is Lake Cocibolca, also known as Lake Nicaragua, which is one of the largest lakes in Latin America.
Nicaragua is also known for its significant rivers, including the San Juan River, which flows into the Caribbean Sea, and the Río Coco, the longest river in Central America.
India- Nicaragua Relations:
Diplomatic relations were established in March 1983, and the Indian Embassy in Panama is concurrently accredited to Nicaragua.
Nicaragua’s embassy in India was closed in 1990, and currently, Nicaragua is represented in India through its Embassy in Tokyo.
What are Quick Impact Projects (QIPs)?
QIPs are initiatives designed to deliver rapid and visible benefits to local communities, especially in areas with critical infrastructure and social development needs.
These projects are often implemented in a short time frame.
They are focused on addressing urgent and immediate issues that can have a significant positive impact on the community.
The term is commonly used by organizations like the UNHCR to describe such initiatives in crisis or displacement situations.
Examples of QIPs may include:
Building roads in remote areas to improve connectivity.
Establishing community centers that serve as hubs for local services.
Improving healthcare facilities with basic medical equipment and services.
Upgrading educational infrastructure by building schools or providing learning materials.
