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INSIGHTSIAS

IA SIMPLIFYING IAS EXAM PREPARATION

INSTA EDITORIAL
COMPILATIONS

JULY 2023

www.insightsactivelearn.com | www.insightsonindia.com
Table of Content:

GS2:
Polity:
1. Weighing in on the National Research Foundation Bill
2. A Bill that fences in the right to information
3. An unacceptable verdict in the constitutional sense
4. India needs a Uniform Civil Code
5. Legitimacy Of a uniform civil code
6. A case of unchecked power to restrict online free speech

International Relations:
1. Virtual summit, virtual silence
2. The SCO is a success story that can get better
3. ASEAN, a persistence with dialogue, on a trodden path
4. Dilemmas of India’s great power ambitions
5. Upholders of strategic autonomy
6. More than court action, revisit the Indus Waters Treaty
7. What connects India and Bangladesh
8. Quiet diplomacy could ease South China Sea tensions
9. Sobriety after the euphoria of the U.S. state visit
10. India should refuse America’s ‘NATO Plus’ bait

Social justice:
1. Demographic transition and change in women’s lives

GS3:

Economy:
1. Restoring the World Trade Organization’s crown jewel
2. Choose a new palette for India’s creative economy
3. A macro view of the fiscal health of States

Ecology and environment:


1. Moving away from the ‘take-make-dispose’ model

Science and technology:


1. AI’s disruptive economic impact, an India check

Agriculture:
1. A push for GM mustard disregarding science, the law

Security:
1. India’s data protection law needs refinement
EDITORIAL ANALYSIS
Weighing in on the National Research Foundation Bill

Source: The Hindu

■ Prelims: Government initiative for Research and higher education, National


Research Foundation, National Research Foundation (NRF) Bill 2023, GATI,
KIRAN, STEM) etc
■ Mains GS Paper I & II: Social empowerment, development and management of
social sectors/services related to Education and women empowerment etc
ARTICLE HIGHLIGHTS
■ The Union Cabinet approved the National Research Foundation (NRF) Bill
2023 to “strengthen the research ecosystem in the country”.

INSIGHTS ON THE ISSUE


Context
National Research Foundation (NRF) Bill 2023:
● The Bill seeks to repeal the Science and Engineering Research Board
(SERB) Act 2008
○ The SERB was established as a statutory body of the Department of
Science and Technology (DST)
○ It carries out almost the same or similar functions which the NRF
proposes to do.
● The SERB will be subsumed into the NRF.
● It will establish NRF, as an apex body to provide “high-level strategic
direction” to scientific research in the country as per recommendations of the
National Education Policy (NEP)
● Total estimated cost of ₹50,000 crore from 2023-28.
● The DST would be an “administrative” department of NRF that would be
governed by a Governing Board consisting of eminent researchers and
professionals across disciplines.
● The Prime Minister will be the ex-officio President of the Board and the
Union Minister of Science & Technology and Union Minister of Education will
be the ex-officio Vice-Presidents.
● NRF’s functioning will be governed by an Executive Council chaired by
the Principal Scientific Adviser to the Government of India, the statement
added.
● It repeals the Science and Engineering Research Board (SERB)
established by Parliament in 2008 and subsumes it into the NRF.

Establishment of NRF:
● It was mooted by the Kasturirangan Committee in 2019 and adopted in
the National Education Policy (NEP 2020).
● Institutions currently funding research:
○ DST
○ Department of Atomic Energy (DAE)
○ Department of Biotechnology (DBT)
○ Indian Council of Agricultural Research (ICAR)
○ Indian Council of Medical Research (ICMR)
○ Indian Council of Historical Research (ICHR)
○ University Grants Commission (UGC)
○ Various private and philanthropic organizations
● It would continue to fund research according to their priorities and needs
independently.

Issues:
● The list of institutions funding research did not separately mention the
SERB.
● There was no indication in the policy document that it would be abolished
or subsumed into the NRF.

Need for multiple funding agencies:


● Leading research-producing nations had multiple public and private
funding agencies
● The idea of having multiple research funding agencies reinforced that
the NRF would coordinate with other funding agencies.
○ It will work with science, engineering, and other academies to
ensure synergy of purpose and avoid duplication of efforts.

The financial outlay(Kasturirangan Committee):


● It said that the NRF would get an ‘annual grant of Rs. 20,000
Crores(0.1(zero point one)% of GDP)’.
● Research spending in the country was a meager 0.65(zero point six
five)% of GDP compared to:
○ 2.8(two point eight)% in the United States
○ 2.1(two point one)% in China
○ 4.3(four point three)% in Israel
○ 4.2(four point two)% in South Korea.
● It expressed concern that research and innovation spending in the
country had declined from 0.84(zero point eight four)% of GDP in 2008 to
0.69(zero point six nine)% in 2014.

What are the issues with funding?


● The proposed annual grant would continue until the research spending in
the country reached the level it had been in 2008.
● The NEP 2020 adopted the idea, but without any specific financial
commitment.
● Public and private expenditure on research and development taken
together kept sliding to touch 0.64(zero point six four)% of GDP in 2020-
21 compared to 0.76(zero point seven six)% in 2011-12.
● A Press Information Bureau release: NRF will have ₹10,000 crore for five
years and thus get a total of ₹50,000 crore.
○ The actual government grant or budgetary support would be at the
most ₹14,000 crore
○ The remainder (₹36,000 crore) is to be mobilized through industry
and other private philanthropic sources.
○ NRF would get a maximum annual grant of ₹2,800 crore over the
next five years(14% of what the Kasturirangan Committee had
recommended)

SERB:
● The SERB was established as a statutory body of the DST
● It plans, promotes and funds internationally competitive research in
emerging areas of science and engineering.
● The SERB has been instrumental in building a sustainable research
ecosystem ‘through a diverse programme portfolio includes:
○ grant funding
○ fostering young researchers
○ recognising and rewarding research excellence
○ promoting scientific networks and partnerships
○ enhanced gender and social inclusiveness’.

Budgetary allocation for the SERB:


● It had steadily increased from ₹200 crore in 2011-12 to ₹1,000 crore in
2018-19.
● Allocation declined to ₹742 crore in 2020-21, but again rose to ₹911 crore
in 2021-22.
● SERB programmes, schemes and activities have been important in
financing basic research in science and engineering
○ most of them will continue under the NRF with some tweaking and
tinkering.
● Budgetary allocation for the NRF will not be reduced by the amount
allocated for the SERB.

Way Forward
■ The criticality of research and knowledge creation and the importance of
enhancing funding for research has been amply highlighted by the New
Education Policy.
○ It insists that the economic prosperity of many developed
countries, now and in the ancient past, can be attributed to their
intellectual capital and to their fundamental contributions to new
knowledge in science, arts and culture.
○ It cites India, Mesopotamia, Egypt and Greece as examples.
■ The NEP argues that a robust research ecosystem acquires greater
importance now due to growing challenges in the world and opportunities
due to technological advancements.
■ The policy asserts that India has had a long tradition of research and
knowledge creation in science, mathematics, art, literature, phonetics,
language, medicine and agriculture.
○ It needs to be strengthened to make India a leader.
■ The ideas of NEP need to be backed by ample financial support, at least to
the extent the Kasturirangan Committee had insisted upon.

QUESTION FOR PRACTICE


Q. What are the continued challenges for women in India against time and
space?(UPSC 2019)
(200 WORDS, 10 MARKS)
Q. Discuss the positive and negative effects of globalization on women in
India.(UPSC 2015)
(200 WORDS, 10 MARKS)

EDITORIAL ANALYSIS
A Bill that fences in the right to information

Source: The Hindu, Indian Express

■ Prelims: RTI Act, CIC, Governance etc


■ Mains GS Paper I and II: Statutory, regulatory and various quasi-judicial
bodies, Important aspects of governance, transparency and accountability etc
ARTICLE HIGHLIGHTS
■ Union Cabinet has approved the Digital Personal Data Protection Bill and
will table it in the monsoon session of Parliament
■ The Right to Information (RTI) Act was passed by Parliament in 2005,
aiming to give people access to the records of the Central and State
governments.

INSIGHTS ON THE ISSUE


Context
The Right to Information (RTI) Act:
Important provisions:

Objectives:

Background of Digital Personal Data Protection Bill:


● It was placed in the public domain in December 2022 but the final Bill has
not been placed before the public.
● It has two provisions which would greatly weaken the Indian citizen’s right
to information.
● It plans to amend RTI Act Section 8(1)(j) to read as exempting information
under (j), which relates to personal information
● The proposed Bill defines the term ‘person’ very widely to include
individuals, companies, and the state.
○ Most information except budgets would be linked to one of these.

The Digital Personal Data Protection Bill, 2022:


● It is a crucial pillar of the overarching framework of technology
regulations the Centre is building.
● It includes the
○ Digital India Bill(the proposed successor to the Information
Technology Act, 2000)
○ The draft Indian Telecommunication Bill, 2022
○ Policy for non-personal data governance.
● It will apply to processing of digital personal data within India
○ To data processing outside the country if it is done for offering
goods or services
○ for profiling individuals in India
● It requires entities that collect personal data — called data fiduciaries —
to maintain the accuracy of data, keep data secure, and delete data once their
purpose has been met.

The Indian Right to Information (RTI) Act, 2005:


● It is one of the best transparency laws in the world, empowering citizens.
● It is a practical recognition of their role as the rulers and owners of India.
● Its preamble states that democracy requires informed citizens and
transparency in the affairs of their government so that they can hold it
accountable and curb corruption.
● It harmonized the need for an efficient government while preserving the
ideals of democracy.
● Despite public officials using various devices to deny citizens their
legitimate right.
○ Citizens use this democratic instrument to expose wrongdoing and
corruption.
● The law recognises that each citizen has the right to access almost all the
information with the government.

Section 8(1)(j) of RTI ACT:


● It exempts personal information which is not a part of public activity, or
which is an invasion on the privacy of an individual.
● To help anyone claiming exemption it states: ‘Provided that the
information, which cannot be denied to the Parliament or a State Legislature,
shall not be denied to any person.’
● Personal information may be exempt if:
○ it is not related to a public activity or interest
○ would cause unwarranted invasion of the privacy of an individual
● Whoever claimed that a disclosure was exempt under Section 8(1)(j)
should make a statement that he would not give this information to
Parliament.

Misuse of section 8(1)(j):


● Many refusals of information did not adhere to the law but refused
information with a bland statement that since it was personal information,
they would not give it.
● To cover government officials: It has been widely used to cover arbitrary,
corrupt or illegal acts of government officials.
● Some examples of illogical refusal:
○ The Department of Personnel and Training refused “Total number
of Annual Performance Appraisal reports (APAR) of IAS officers
pending for over years” by claiming exemption under Section 8(1)(j).
○ Request for details of Member of the Legislative Assembly funds
being denied saying it was personal information
○ Details of the beneficiaries of the Prime Minister’s fund
○ Bogus caste certificates, education certificates, ghost employees
○ Gross arbitrariness and corruption in selections for jobs and non-
conformance to rules and laws
○ Disproportionate assets compared to declared income
○ Verification of affidavits of elected representatives
○ Unfair assessment of students and job seekers in government
○ Disregard of corruption charges against officials that have been
proven
○ File notings and minutes of meetings

Concerns around Data Protection Bill:


● Wide-ranging exemptions for the central government and its agencies.
● The Bill has prescribed that the central government can exempt “any
instrumentality of the state” from adhering to the provisions on account of:
○ national security
○ relations with foreign governments
○ maintenance of public order among other things.
● Central government will appoint members of the data protection board.
○ Data protection board: an adjudicatory body that will deal with
privacy-related grievances and disputes between two parties.
● The chief executive of the board will be appointed by the central
government, which will also determine the terms and conditions of their
service.
● Law could dilute the Right to Information (RTI) Act, as personal data of
government functionaries is likely to be protected under it, making it difficult
to be shared with an RTI applicant.

Way Forward
■ If this amendment is made, all information which can be related to a person
could be legally denied.
■ Most information could be shown as being related to a person, and hence
the law would become a Right to Deny for Public Information Officers (PIO)
who do not wish to give out information.
■ Whenever a PIO wants to deny information, he will be able to link it to
some person.
○ RTI would become a Right to Deny Information, rendering it an
ineffective tool.
■ The proposed amendment would lead to a major regression for democracy.
■ The Data Protection Bill: It will set up a system of amending the RTI law in a
manner that all personal information will be exempted.

QUESTION FOR PRACTICE


Q. What do you understand about the term ‘good governance’? How far have recent
initiatives in terms of e-Governance steps taken by the State have helped the
beneficiaries? Discuss with suitable examples.(UPSC 2022)
(200 WORDS, 10 MARKS)

EDITORIAL ANALYSIS
An unacceptable verdict in the constitutional sense

Source: The Hindu


■ Prelims: Article 14, 15. 21, Article 33, Section 497 of IPC, Live-in relations
Directive Principles of State Policy etc
■ Mains GS Paper II & IV: Government policies and interventions for
development of various sectors, weaker sections of society and interventions for
their development etc

ARTICLE HIGHLIGHTS
■ Allahabad High Court judgment declined the prayer by an interfaith couple
in a live-in relationship for protection from police harassment

INSIGHTS ON THE ISSUE


Context
Live-in Relationship:
● It is an arrangement when two people involved in a romantic and sexual
relationship as partners for a long term or permanently, decide to live
together without marriage.
● It is also called cohabitation in some countries.

What is the case?


● A Muslim man and a Hindu woman are around 30 years of age, living
together and their relationship is based on mutual love and affection.
● They alleged that the local police have been torturing them.
● They sought protection from police harassment, allegedly done on the
basis of a complaint made by a family member.

What is Kiran Rawat vs State of UP judgment?


● It negates the idea of constitutional morality in personal relations, which
the Supreme Court of India has repeatedly affirmed.
● The High Court judgment implied that the live-in relationship is a “social
problem”.

Issues with the judgment:


● The court is carried away by the notions of conventional social morality
rather than the constitutional principles on individual autonomy and
personal liberty.
● The court also discarded several Supreme Court judgments, even after
citing them, by giving untenable reasons.
● The High Court traveled much beyond the brief and relied on personal
laws on marriage which were irrelevant.
● The judgment said that Supreme Court verdicts on live-in relationships
such as D. Velusamy (2010), Indra Sarma (2013) and Dhanu Lal (2015) were
not intended “to promote such relationships
○ The law traditionally has been “biased in favor of marriage”.
● The High Court essentially rejected the precedential value of the top
court verdicts.
● The High Court made an unnecessary reference to Section 125 of the
Criminal Procedure Code (Cr.PC) which talks about maintenance to wives
(and not “other women”).
● The High Court said that extramarital and premarital sex are not
recognised under the Muslim law.
○ The “sexual, lustful, affectionate acts prior to the marriage, are
‘Haram’ in Islam
● The High Court assumed that marriage is a condition precedent for
constitutional protection and the exercise of fundamental rights.
● The verdict shows a clear inclination towards social orthodoxy and
religious revivalism.
● The court only tried to reiterate the traditional beliefs on marriage and
morals.

The Supreme Court verdicts on fundamental rights:


● They are not mere adjudication of the inter-party disputes, as conceived by
the High Court.
● Article 141:The law laid down by the Supreme Court is binding on all the
courts in the country, as in Article 141 of the Constitution.
● In the process of constitutional adjudication, the SC is not ‘encouraging’
or discouraging any social practice or human conduct.

Related Supreme Court judgements


● Joseph Shine vs Union of India (2018): The Court decriminalized adultery
as defined under Section 497 of the Indian Penal Code (IPC).
● In Navtej Singh Johar (2018): substantially striking down Section 377 of
the IPC dealing with same sex relations.
○ The Supreme Court made a constitutional adjudication rather than
mere moral judgment.
● In Lata Singh (2006): The Court directed police authorities throughout the
country to see to it that any adult undergoing inter caste or inter religious
marriage is not harassed by anyone.
● In S. Khushboo vs Kanniammal & Anr. (2010): The Court held: “While it is
true that the mainstream view in our society is that sexual contact should
take place only between marital partners.
○ There is no statutory offence that takes place when adults willingly
engage in sexual relations outside the marital setting”.

Way Forward
■ Deborah L. Rhode: Fidelity is a value, but not one that the state should
police” (Adultery: Infidelity and the Law, Harvard University Press).
■ The Allahabad High Court said that the observations of the Supreme Court
in these judgments were made in the context of the facts of the respective
cases.
○ Facts of every case will vary from one another and there cannot be
precedents on facts.
○ The High Court cannot disregard the proposition of law laid down
by the Supreme Court on questions of fundamental rights.
■ The judgment is a classic case of judicial indiscipline which the Supreme
Court will, hopefully, set right as early as possible.
■ The moral lessons of personal laws will supersede the constitutional tenets
is a serious adjudicatory mishap.

QUESTION FOR PRACTICE


Q. Constitutional Morality’ is rooted in the Constitution itself and is founded on its
essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of
relevant judicial decisions. (UPSC 2021)
(200 WORDS, 10 MARKS)

EDITORIAL ANALYSIS
India needs a Uniform Civil Code

Source: The Hindu


■ Prelims: Uniform civil Code, Directive Principles of State Policy etc
■ Mains GS Paper II: Government policies and interventions for development of
various sectors, weaker sections of society and interventions for their
development etc

ARTICLE HIGHLIGHTS
■ India, being a diverse nation, is home to many religions, each with its distinct
personal laws governing marriage, divorce, adoption, inheritance and
succession.
■ The Prime Minister addressing workers during the “mera booth sabse
majboot” programme in Bhopal reminded the country of the government’s
obligation and duty to implement the Uniform Civil Code (UCC) envisaged in
the Constitution.

INSIGHTS ON THE ISSUE


Context
Uniform Civil Code:
● It provides for one law for the entire country, applicable to all religious
communities in their personal matters such as marriage, divorce, inheritance,
adoption etc.
● Article 44: It lays down that the state shall endeavor to secure a UCC for the
citizens throughout the territory of India.

Constituent Assembly about the UCC:


● Sub-committee on fundamental rights(headed by Sardar Vallabhbhai
Patel): It decided that securing a UCC was not within the scope of
fundamental rights.
● Member Naziruddin Ahmad from Bengal: UCC would come in the way of
Article 19 of the draft Constitution-now Article 25(which guarantees the
right to freedom of religion subject to public order, morality, and health).
● Member K.M. Munshi: UCC will promote the unity of the nation and equality
for women.
● Dr. B.R. Ambedkar: He stated that the Article “merely” proposed that the
state shall endeavor to secure a UCC, which means it would not impose it on
all citizens.
○ He stressed the importance of a UCC in ensuring gender equality and
eradicating prevailing social evils.
○ B.R. Ambedkar observed: why should religion be given this vast,
expansive jurisdiction so as to cover the whole of life and to prevent
the legislature from encroaching upon that field.
● Members of the Constituent Assembly(such as Alladi Krishnaswamy
Ayyar and K.M. Munshi): They advocated the enactment of a UCC.
● Alladi Krishnaswamy Ayyar: Article actually aims to try to arrive at a
common measure of agreement in regard to these matters”.
● K.M. Munshi said: “whether we are going to consolidate and unify our
personal law in such a way that the way of life of the whole country may in
course of time be unified and secular.

Article 44 of the Constitution:


● The state shall endeavor to secure for the citizens a uniform civil code
throughout the territory of India’.
● The language of Article 44 reveals the unambiguous intention of the
framers of the Constitution and that they felt the UCC was in the national
interest.
● Article 44: It requires the state to enact a UCC that applies to all citizens
cutting across faiths, practices and personal laws.

Benefits of UCC:
● UCC can protect against discrimination in matters pertaining to divorce,
maintenance, adoption and succession.
● The UCC seeks to establish a common set of civil laws for all citizens,
regardless of their religion and culture, thereby promoting equality and
ensuring justice for all.

Judicial stand:
● Shah Bano case: “It is a matter of regret that Article 44 has remained a dead
letter.”
○ The Court had pointed out that a UCC would help the cause of
national integration.
○ In the constitutional order of priorities, the right to religious
freedom is to be exercised in a manner consonant with the vision
underlying the provisions of Part III (Fundamental Rights)”.
● Sarla Mudgal (1995): Court said:
○ “It appears that the rulers of the day are not in a mood to retrieve
Article 44 from the cold storage where it has been lying since 1949.
○ The governments have so far failed to make any effort towards
unified personal law for all Indians.
● Indian Young Lawyers Association case (2018):
○ In the constitutional order of priorities, the right to religious
freedom is to be exercised in a manner consonant with the vision
underlying the provisions of Part III (Fundamental Rights).”
○ Personal laws should be constitutionally compliant and in
conformity with the norms of gender equality and the right to live with
dignity.
○ The supremacy of fundamental rights over customary law ensures
that various freedoms guaranteed to all citizens under the Constitution
are safeguarded.

The essence of UCC


● The UCC is a step to safeguard the fundamental rights of all citizens and
reduce social inequalities and gender discrimination.
● It is an attempt at creating a unified legal framework that upholds the
principles enshrined in the Constitution and reaffirmed by Supreme Court
judgments.
● Objective is to ensure that there is no gender discrimination, everyone
enjoys the fundamental rights enshrined in the Constitution, and that the law
of the land is uniform for every citizen in our country.
● It will serve as a powerful instrument for the promotion of equality and
justice for all citizens.

Arguments in favor of UCC:


● Uniformity in cases: India does have uniformity in most criminal and civil
matters like the Criminal Procedure Code, Civil Procedure Code etc
● Gender Justice: If a UCC is enacted, all personal laws will cease to exist. It will
do away with gender biases in existing laws.
● Secularism: A secular nation needs a common law for all citizens rather than
differentiated rules based on religious practices.
● Various communities in India: Example: All Hindus are not governed by a
homogenous personal law even after the enactment of the Hindu Code Bill.
● Shariat Act: There is no uniform applicability when it comes to the Muslim
personal law or the Shariat Act 1937.
● Hindu Marriage Act of 1955: It prohibits marriages amongst close relatives
but they are considered auspicious in the south of India.
● Hindu Succession Act of 1956: Wives are not coparceners(a person who
shares equally with others in the inheritance of an undivided estate) nor do
they have an equal share in inheritance.

Arguments against UCC:


● Plurality in already codified civil and criminal laws: So concept of ‘one
nation, one law’ cannot be applied to diverse personal laws of various
communities.
● Constitutional law experts: Framers did not intend total uniformity.
○ Example: Personal laws were placed in Concurrent List(power to
legislate being given to Parliament and State Assemblies).
● Customary laws: Many tribal groups in the country, regardless of their
religion, follow their own customary laws.
● Communal Politics: The demand for a uniform civil code is considered to be
framed in the context of communal politics.
● Article 25: It seeks to preserve the freedom to practice and propagate any
religion.

Supreme Court judgements about implementation of UCC:

Way Forward
■ Babasaheb Ambedkar and other learned members of the Constituent
Assembly had proposed, uniformity in personal laws is essential for
empowering women and ensuring gender equality in matters of marriage,
divorce, and inheritance.
■ A UCC would eliminate discriminatory practices that deprive women of
their rights and provide them with equal opportunities and protections.
■ The Constituent Assembly members recognised the existing challenges
and stressed the need for a UCC to bridge the gaps and promote a sense of
unity among diverse communities.
■ Personal laws should have a two-dimensional acceptance — they should
be constitutionally compliant and consistent with the norms of gender
equality and the right to live with dignity.

QUESTION FOR PRACTICE


Q. Constitutional Morality’ is rooted in the Constitution itself and is founded on its
essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of
relevant judicial decisions. (UPSC 2021)
(200 WORDS, 10 MARKS)

EDITORIAL ANALYSIS
Legitimacy Of a uniform civil code

Source: Indian Express, The Hindu

■ Prelims: Uniform civil Code, Directive Principles of State Policy etc


■ Mains GS Paper II: Government policies and interventions for development of
various sectors, weaker sections of society and interventions for their
development etc

ARTICLE HIGHLIGHTS
■ Prime Minister addressing workers during the “mera booth sabse majboot”
programme in Bhopal reminded the country of the government’s obligation
and duty to implement the Uniform Civil Code (UCC) envisaged in the
Constitution.

INSIGHTS ON THE ISSUE


Context
Uniform Civil Code:
● It provides for one law for the entire country, applicable to all religious
communities in their personal matters such as marriage, divorce, inheritance,
adoption etc.
● Article 44: It lays down that the state shall endeavor to secure a UCC for the
citizens throughout the territory of India.

Constituent Assembly about the UCC:


● Sub-committee on fundamental rights(headed by Sardar Vallabhbhai
Patel): It decided that securing a UCC was not within the scope of
fundamental rights.
● Member Naziruddin Ahmad from Bengal: UCC would come in the way of
Article 19 of the draft Constitution-now Article 25(which guarantees the
right to freedom of religion subject to public order, morality, and health).
● Member K.M. Munshi: UCC will promote the unity of the nation and equality
for women.
● Dr. B.R. Ambedkar: He stated that the Article “merely” proposed that the
state shall endeavor to secure a UCC, which means it would not impose it on
all citizens.

Article 44 of the Constitution:


● The state shall endeavor to secure for the citizens a uniform civil code
throughout the territory of India’.
● The language of Article 44 reveals the unambiguous intention of the
framers of the Constitution and that they felt the UCC was in the national
interest.

The legitimacy of UCC stems from three crucial sources:


● Constitution of India: The Constitution serves as the guiding light,
embodying the principles of justice, gender equality, and secularism forms
the bedrock of the UCC.
● Constituent Assembly debates: The Constituent Assembly debates offer
valuable insights into the intent behind promoting a common civil code.
● Supreme Court judgments: They have consistently reaffirmed the
significance of the Constitution and its fundamental values.
○ While interpreting personal laws and addressing conflicts
between customary practices and fundamental rights.

Benefits of UCC:
● UCC can protect against discrimination in matters pertaining to divorce,
maintenance, adoption and succession.
● The UCC seeks to establish a common set of civil laws for all citizens,
regardless of their religion and culture, thereby promoting equality and
ensuring justice for all.

Judicial stand:
● Sarla Mudgal (1995): Court said:
○ “It appears that the rulers of the day are not in a mood to retrieve
Article 44 from the cold storage where it has been lying since 1949.
○ The governments have so far failed to make any effort towards
unified personal law for all Indians.
● Indian Young Lawyers Association case (2018):
○ In the constitutional order of priorities, the right to religious
freedom is to be exercised in a manner consonant with the vision
underlying the provisions of Part III (Fundamental Rights).”
○ Personal laws should be constitutionally compliant and in
conformity with the norms of gender equality and the right to live with
dignity.
○ The supremacy of fundamental rights over customary law ensures
that various freedoms guaranteed to all citizens under the Constitution
are safeguarded.

Arguments in favour of UCC:


● Uniformity in cases: India does have uniformity in most criminal and civil
matters like the Criminal Procedure Code, Civil Procedure Code etc
● Gender Justice: If a UCC is enacted, all personal laws will cease to exist. It will
do away with gender biases in existing laws.
● Secularism: A secular nation needs a common law for all citizens rather than
differentiated rules based on religious practices.
● Various communities in India: Example: All Hindus are not governed by a
homogenous personal law even after the enactment of the Hindu Code Bill.
● Shariat Act: There is no uniform applicability when it comes to the Muslim
personal law or the Shariat Act 1937.
● Hindu Marriage Act of 1955: It prohibits marriages amongst close relatives
but they are considered auspicious in the south of India.
● Hindu Succession Act of 1956: Wives are not coparceners(a person who
shares equally with others in the inheritance of an undivided estate) nor do
they have an equal share in inheritance.

Arguments against UCC:


● Plurality in already codified civil and criminal laws: So concept of ‘one
nation, one law’ cannot be applied to diverse personal laws of various
communities.
● Constitutional law experts: Framers did not intend total uniformity.
○ Example: Personal laws were placed in Concurrent List(power to
legislate being given to Parliament and State Assemblies).
● Customary laws: Many tribal groups in the country, regardless of their
religion, follow their own customary laws.
● Communal Politics: The demand for a uniform civil code is considered to be
framed in the context of communal politics.
● Article 25: It seeks to preserve the freedom to practice and propagate any
religion.

Supreme Court judgements about implementation of UCC:


Law Commission about UCC:
● Unified nation did not necessarily need “uniformity: Secularism could not
contradict the plurality prevalent in the country.
● UCC: It is neither necessary nor desirable at this stage.

Recommendation by Law Commission:


● Discriminatory practices, prejudices and stereotypes within a particular
religion and its personal laws should be studied and amended.
● Fixing the marriageable age for boys and girls at 18 years: So that they
are married as equals
● Simplifying the divorce procedure: Making adultery a ground for divorce
for men and women.

Way Forward
■ Governments in the past could not muster the courage to implement the
UCC because they feared it would incur the wrath of a section of voters.
■ Opposition parties must realize that they could play a constructive role
in the smooth implementation of UCC.
■ Politicians opposing the implementation of UCC should acknowledge a
fundamental principle — that India’s governance is rooted in the
Constitution, and not in any religious book.
■ The UCC seeks to harmonize personal laws and ensure equal treatment
and protection of fundamental rights for all citizens, irrespective of their
religious affiliations.
■ The UCC is not an attempt to undermine or marginalize any specific
religious community, but a means to create a just and unified legal
framework that upholds the principles enshrined in the Constitution.

QUESTION FOR PRACTICE


Q. Constitutional Morality’ is rooted in the Constitution itself and is founded on its
essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of
relevant judicial decisions. (UPSC 2021)
(200 WORDS, 10 MARKS)

EDITORIAL ANALYSIS
A case of unchecked power to restrict online free speech

Source: The Hindu

■ Prelims: democracy, FRs, freedom of speech, G7 etc


■ Mains GS Paper I and II: Role of civil society in a democracy etc

ARTICLE HIGHLIGHTS
■ Karnataka High Court dismissed Twitter’s challenge to the issuance of
blocking orders by the Ministry of Electronics and Information
Technology (MeitY) in connection with the taking down of Twitter accounts
and specific tweets.

INSIGHTS ON THE ISSUE


Context
Article 19 of the Constitution:
● It guarantees the right to freedom of speech and expression, and is
invoked against the state.
● Article 19(1) in The Constitution Of India 1949, All citizens shall have
the right:
○ (a) to freedom of speech and expression;
○ (b) to assemble peaceably and without arms;
○ (c) to form associations or unions;
○ (d) to move freely throughout the territory of India;
○ (e) to reside and settle in any part of the territory of India; and
○ (f) to practice any profession, or to carry on any occupation, trade or
business.
● Article 19(2) in The Constitution of India 1949:
○ Nothing in sub clause (a) of clause (1) shall affect the operation of
any existing law, or prevent the State from making any law, in so far as
such law imposes reasonable restrictions on the exercise of the right
conferred by the said sub clause:
■ in the interests of the sovereignty and integrity of India
■ the security of the State
■ friendly relations with foreign States
■ public order, decency or morality
■ In relation to contempt of court, defamation
■ Incitement to an offense.

What Karnataka High Court said?


● The High Court admonished Twitter for not complying with the orders.
○ It imposed an astounding cost of ₹50 lakh on Twitter.

Issues with the judgment:


● The judgment undermines the right to free speech and expression
● It paves the way for the state to exercise unchecked power while taking
down content without following established procedure.
● It exhibits a new trend to hinder digital rights and the exercise of free
speech on the grounds of the dissemination of false speech.

Section 69A of the Information Technology Act, 2000:


● It empowers the state to issue blocking orders in cases of emergency on the
grounds such as:
○ “sovereignty and integrity of India
○ defense of India
○ security of the State
○ friendly relations with foreign States
○ public order
○ for preventing incitement to the commission of any cognizable offense
relating to the above”.
● The Information Technology (Procedure and Safeguards for Blocking
for Access of Information by Public) Rules, 2009 (Blocking Rules) lays
down the procedure for any blocking order issued under Section 69A.

Judicial stand before:


Shreya Singhal vs Union of India:
● The Supreme Court upheld the validity of Section 69A and the Blocking
Rules.
● Court said: Sufficient procedural safeguards were embedded.
○ such as:
■ Provision of recording a reasoned order
■ Providing notice to the intermediary and the originator
whose content was sought to be blocked.

Karnataka High Court:


● It held that observations in Shreya Singhal cannot be construed to mean
providing notice to the users of the content
● Even if reasons are recorded in writing, they may not be conveyed to the
user.

Issues:
● This runs contrary to judicial precedent: In the absence of procedural
safeguards.
○ The restrictions that are to be imposed on free speech can be
implemented without any oversight or without giving any recourse to
the affected entity to challenge them.
● This translates into unfettered power being exercised by the state in
taking down content.
High Court Observation:
● While the High Court has acknowledged that blocking orders affect the
rights of users.
○ It held that the state could exercise its discretion to hear users and
that issuance of notice under Rule 8 was not mandatory.
● It observed that users of Twitter were not “downtrodden” or did not
“suffer from some handicap” that prevented them from accessing the
appropriate remedies available to them.
● The High Court held that claims of users whose tweets or accounts were
blocked could not be espoused by Twitter and that none of the affected users
had approached the High Court.

Issues with Court’s claim:


● The observation is false as the human rights activist and author(whose
Twitter account had been blocked: He had filed an application to intervene
in the case.
○ His application was refused by the High Court.
● The view of the High Court that users need to be identified for notice to be
given.
○ Twitter must provide this information divorced from reality when
it comes to application of the Blocking Rules.
○ MeitY routinely cites the confidentiality requirement under Rule
16 of the Blocking Rules to deny blocking orders to originators of
content.
● Obtaining blocking orders becomes a difficult task: Even when requested
through the Right to Information process, and even if the originator identifies
themselves.

High Court’s reason:


● The content could lead to the spread of “fake news” and
“misinformation”, which had the potential to disturb “public order” and
threaten the “security of the State”.

Analysis of High Court’s reason:


● Misinformation and fake news are not grounds under which free speech
can be restricted under Article 19(2) and Section 69A.
● The Supreme Court has repeatedly held that for speech to be prejudicial to
maintenance of public order
○ There must be a direct link between the speech and the potential
threat to public order.
● The High Court is convinced that these blocking orders are “well-reasoned”,
even though no nexus can be established with public order and the security of
the state.

Free speech:
● Reasonable restrictions on the fundamental right to freedom of speech
can only be instituted on the basis of eight specifically enumerated grounds
under Article 19(2) of the Constitution.
● The Supreme Court had clarified in Shreya Singhal that blocking under
Section 69A and the Blocking Rules must conform to those grounds only.

Way Forward
■ This reliance on dissemination of false information to obstruct digital
rights and free speech has been witnessing a rise.
■ Disproportionate Internet shutdown orders, such as the ones currently
operating in Manipur, are routinely issued to curb this spread of false speech
and misinformation.
■ The trend to restrict fundamental rights with the “fake news” rhetoric is
reminiscent of the oft-cited rhetoric of the state invoking national security to
justify laws that are excessive and arbitrary.
■ The High Court rejected Twitter’s contention that Section 69A only
permits the blocking of specific tweets.
■ Brij Bhushan And Another vs The State Of Delhi: The Supreme Court held
that pre-censorship on freedom of speech is unconstitutional.
○ Such a digital prior-restraint has the potential of inducing a chilling
effect on the freedom of speech of online platform users.
■ The Karnataka High Court’s judgment subverts the procedural safeguards
that must be employed while restricting the freedom of speech.
○ It erodes the principles of natural justice which dictate for the
affected party to be allowed to present their case to the best of their
abilities.
■ Along with the recently amended IT Rules on fact-checking, the judgment
has the dangerous potential of reposing untrammeled power in the State to
remove any content that it deems to be unfavorable.

QUESTION FOR PRACTICE


Q. India and the USA are the two large democracies. Examine the basic tenets on
which the two political systems are based.(UPSC 2018)
(200 WORDS, 10 MARKS)

EDITORIAL ANALYSIS
Virtual summit, virtual silence

Source: The Hindu


■ Prelims: Current events of international importance, Regional forums(SCO,
NATO, etc)
■ Mains GS Paper II: Bilateral, regional and global groupings involving India or
affecting India’s interests.

ARTICLE HIGHLIGHTS
■ India’s Foreign Secretary asserted that the Shanghai Cooperation
Organisation (SCO) summit held virtually “in no way signifies, hints,
insinuates the dilution in the objectives that India is trying to seek of the SCO

Summit”.
INSIGHTS ON THE ISSUE
Context
Shanghai Cooperation Organization (SCO):
● SCO is a permanent intergovernmental international organization.
● It’s a Eurasian political, economic and military organization aiming to
maintain peace, security and stability in the region.
● It was created in 2001. The SCO Charter was signed in 2002, and entered into
force in 2003.
● India and Pakistan became members in 2017.
● On 17th September, 2021, it was announced that Iran would become a full
member of the SCO.

Objectives:

India’s stand in SCO:


● India’s combative assertiveness on issues of concern to India (terrorism
and connectivity) which has fundamental differences with China and
Pakistan.
● On terrorism: India’s PM said: “Some countries use cross border terrorism
as an instrument of their policies, to provide shelter to terrorists.
● On connectivity: It is a core issue for the SCO
○ India’s isolation in the organization is apparent.
○ India’s position:connectivity projects should respect national
sovereignty.
○ China’s Belt and Road Initiative (BRI) and its flagship China-Pakistan
Economic Corridor (CPEC) violates Indian sovereignty.
The BRI and challenges for India:
● BRI’s negative consequences have not inhibited the enthusiasm of SCO
members for it.
● India has to find ways to maintain close ties with Eurasia.
● The promotion of Buddhist heritage will not help in drawing SCO members
towards India and prevent their growing links with China.
● The Chabahar project (Iran) has not moved ahead as it needs to.

SCO on Ukraine war:


● The SCO Declaration was silent on the Ukraine war.
● India, Pakistan or China did not refer to it in their summit statements.
● The Russian President mentioned Ukraine and castigated the West.

Way Forward
■ India needs to be alive to the danger of China integrating Eurasia and
shutting it out of the region with Pakistan’s active support.
■ India has to devote far greater resources and energy to develop
connectivity through Iran.
■ Active air corridors with the Central Asian Republics and a pragmatic
policy towards Afghanistan (that does not mean the diplomatic recognition of
the Taliban) are essential.

QUESTION FOR PRACTICE


Q. Critically examine the aims and objectives of SCO. What importance does it hold
for India?(UPSC 2021)
(200 WORDS, 10 MARKS)

EDITORIAL ANALYSIS
The SCO is a success story that can get better

Source: The Hindu


■ Prelims: Current events of international importance, Regional forums(SCO,
NATO, etc)
■ Mains GS Paper II: Bilateral, regional and global groupings involving India or
affecting India’s interests.

ARTICLE HIGHLIGHTS
■ India successfully hosted the 23rd Meeting of the Council of Heads of State
of the Shanghai Cooperation Organization (SCO).

INSIGHTS ON THE ISSUE


Context
Shanghai Cooperation Organization (SCO):
● SCO is a permanent intergovernmental international organization.
● It’s a Eurasian political, economic and military organization aiming to
maintain peace, security and stability in the region.
● It was created in 2001. The SCO Charter was signed in 2002, and entered into
force in 2003.
● India and Pakistan became members in 2017.
● On 17th September, 2021, it was announced that Iran would become a full
member of the SCO.
Objectives:

Developments in 23rd Meeting of SCO:


● SCO member-states signed the New Delhi Declaration
● Issued the statements on countering radicalisation and exploring
cooperation in digital transformation.
● The summit granted Iran full SCO membership
● Signed the memorandum of obligations of Belarus to join the SCO as a
member-state
● Adopted the SCO’s economic development strategy for the period until
2030.

Issues around the world:


● Geopolitical tensions
● Economic slowdown
● Energy crises
● Food shortage
● Climate change.

The major risks to world peace and development are:


● Power politics
● Economic coercion
● Technology decoupling
● Ideological contest.
Achievements by SCO:
● SCO has shared future for mankind:
○ firmly supporting each other in upholding their core interests
○ synergising their national development strategies and regional
cooperation initiatives.
● Member-states have carried forward the spirit of good neighborliness
and friendship
○ built partnerships featuring dialogue instead of confrontation, and
cooperation instead of alliance.
● The SCO has been a guardian of and contributor to regional peace, stability
and prosperity.

What can SCO do?


● The SCO’s leading and exemplary role can help strengthen unity and
cooperation, seize development opportunities, and address risks and
challenges.
● The SCO member-states should strengthen strategic communication,
deepen practical cooperation, and support each other’s development and
rejuvenation.
● SCO can enhance solidarity and mutual trust for common security.
● External elements that are orchestrating a new Cold War and bloc
confrontation in the region.
○ These developments must be addressed with high vigilance and
firm rejection.
● SCO member-states need to upgrade security cooperation, and crack
down in a decisive manner on terrorism, separatism and extremism, and
transnational organized crimes.
● SCO needs to pursue cooperation in digital, biological and outer space
security
○ facilitate political settlement in international and regional hot-spot
issues.
● Embrace win-win cooperation to chart a path to shared prosperity.
● It is imperative for the SCO to generate stronger momentum for
collaboration in trade, investment, technology, climate actions, infrastructure
and people-to-people engagement.
● To contribute to high-quality and resilient economic growth of the
region:
○ collective efforts to scale up local currency settlement between
SCO members
○ expand cooperation on sovereign digital currency
○ promote the establishment of an SCO development bank.

SCO and Multilateralism:


● The SCO needs more engagements with its observer states, dialogue
partners and other regional and international organizations such as the
United Nations
○ To uphold the UN-centered international system and the
international order based on international law.
● Together, promoting world peace, driving global development and
safeguarding the international order.
● South Africa and India will preside over the BRICS and G-20 summits,
respectively: These will be significant moments
○ To shape a multi-polar world order
○ promote inclusive global development
○ improve international governance architecture.

Way Forward
■ We need to pursue common, comprehensive, cooperative and
sustainable security
○ respect each country’s independent choice of the path to
development and social system
○ abide by the purpose and principles of the UN Charter.
■ The reasonable security interests of all countries deserve consideration.
■ Dialogue and diplomacy offer the best hope to address international
disputes by peaceful means.
○ Security challenges in conventional and non-conventional
domains should be dealt with in a holistic manner.
■ We need to forge a united, equal, balanced and inclusive global
development partnership
○ promote humanity’s common values of peace, development, equity,
justice, democracy and freedom
○ get global governance to evolve in a fairer and more reasonable
direction.
■ Illegal unilateral sanctions and long-arm jurisdiction measures must be
rejected.
○ Safeguarding the development rights and legitimate interests of the
developing world.

QUESTION FOR PRACTICE


Q. Critically examine the aims and objectives of SCO. What importance does it hold
for India?(UPSC 2021)
(200 WORDS, 10 MARKS)

EDITORIAL ANALYSIS
ASEAN, a persistence with dialogue, on a trodden path

Source: The Hindu

■ Prelims: Current events of international importance(ASEAN, RCEP, ASEAN


Outlook on the Indo-Pacific (AOIP), ASEAN charter etc)
■ Mains GS Paper II: Bilateral, regional and global grouping involving India,
Significance of Indo-Pacific for India etc

ARTICLE HIGHLIGHTS
■ 56th Foreign Ministers Meeting (FMM) of the Association of Southeast
Asian Nations (ASEAN), the post-ministerial conferences and other related
regional meetings were held in Jakarta, Indonesia.
INSIGHTS ON THE ISSUE
Context
Association of Southeast Asian Nations(ASEAN):
● It is a regional organization which was established to promote political and
social stability amid rising tensions among the Asia-Pacific’s post-colonial
states.
● The motto of ASEAN is “One Vision, One Identity, One Community”.
● August 8th is observed as ASEAN Day.
● ASEAN Secretariat – Indonesia, Jakarta.

Recent Developments between ASEAN and India:


● The 24th ASEAN-India Senior Officials Meeting (SOM) was hosted in Delhi.
● India and ASEAN celebrated the 30th anniversary of their Dialogue
Relations.
● In the 2nd ASEAN Digital Ministers' (ADGMIN) Meeting with India, the
two sides finalized India-ASEAN Digital work plan 2022 for future
collaboration in the field.

What are the Fundamental Principles of ASEAN?


● The ASEAN fundamental principles, as contained in the Treaty of Amity
and Cooperation in Southeast Asia (TAC) of 1976
● Mutual respect for the independence, sovereignty, equality, territorial
integrity, and national identity of all nations.
● The right of every State to lead its national existence free from external
interference, subversion or coercion.
● Non-interference in the internal affairs of one another.
● Settlement of differences or disputes in a peaceful manner.
● Renunciation of the threat or use of force.
● Effective cooperation among themselves.

Vision:
● The joint communiqué of the FMM: It is indicative of ASEAN’s brave
attempts to navigate through transformative changes in the present decade
● As the current chair, Indonesia has portrayed ASEAN as “the Epicentrum
of Growth”.
● It is a well-chiseled vision with three interrelated dimensions:
○ Creating a political community that ensures regional peace and just
democratic and harmonious environment
○ An economic community focused on achieving a well-integrated
and connected regional economy within the global economic system
○ A socio-cultural community to enhance the quality of life of ASEAN’s
citizens as well as sustainable development of the region.

ASEAN’s ability to manage regional and global dynamics depended on two


critical ingredients(Minister for Foreign Affairs of Indonesia and chair):
● It should maintain its credibility by adhering to the ASEAN Charter
● It should stay in the driver’s seat while navigating regional dynamics.

Challenges:
● ASEAN’s internal differences on issues such as Myanmar keep surfacing in
public.
● Its desire to lead the region and shape its agenda stands jeopardized by
the strained relationship between the U.S. and China.
● China enjoys close political and economic relations with the ASEAN
states, and at least three of them, i.e Laos, Cambodia and Myanmar, are its
virtual dependencies.
● Philippines has become more assertive in its claims in the South China Sea
○ The central players, Indonesia, Malaysia, Singapore and Thailand,
are all favorably disposed towards China.
● Most of the ASEAN countries do not raise their voice against China’s
delaying tactics in negotiating an enforceable code of conduct concerning the
South China Sea.
● ASEAN and China have called for “an early conclusion of an effective and
substantive” code of conduct
○ No indication of a timeline is given.
● ASEAN also watches helplessly the acrimonious debate between the U.S.
and Chinese governments, despite USA’s recent attempts to revive
constructive discussions through high-level visits.
● Despite ASEAN partners reaffirming support for the AOIP, its actual
implementation remains a worry.
● It appears vulnerable when the grouping is unable to forge unity on a
most sensitive issue, the Myanmar situation, which has led ASEAN to bar a
member-state (Myanmar) from all its political-level discussions.
● In the run-up to the FMM, Thailand, defying ASEAN’s official policy, ran its
own dialogue with the military government of Myanmar.

ASEAN prefers to promote the ASEAN Outlook on the Indo-Pacific (AOIP):


● Its four identified areas:
○ maritime cooperation
○ connectivity
○ UN Sustainable Development Goals 2030
○ economic cooperation

Way Forward
■ Institutional architecture created by ASEAN has become an inclusive
platform.
○ It draws nations from near and far, as also all major players (the
United States, China, India, Japan and Russia) engaged in shaping
the strategic contestation in a vast region stretching from east Africa to
the South Pacific.
■ The disunity could not be concealed by a routine reaffirmation of the
Five-Point Consensus (5PC) forged in April 2021.
○ Without unity, ASEAN centrality loses much of its credibility.
■ External Affairs Minister S. Jaishankar: He referred to the importance of a
“strong and unified” ASEAN in the emerging dynamic of the Indo-Pacific.
○ He highlighted the convergence between the AOIP and India’s Indo-
Pacific Oceans Initiative.
○ To build on the comprehensive strategic partnership between
India and ASEAN, the two sides work in “newer areas such as cyber,
financial and maritime security domains.
■ Though it appeared that ASEAN did not make much progress, and no new
ground was broken, its persistence with dialogue, internally and externally,
prevented geopolitical temperatures from rising.

QUESTION FOR PRACTICE


Q. Indian Diaspora has an important role to play in South East Asian countries
economy and society.Appraise the role of Indian Diaspora in South-East Asia in this
context.(UPSC 2017)
(200 WORDS, 10 MARKS)

EDITORIAL ANALYSIS
Dilemmas of India’s great power ambitions

Source: The Hindu

■ Prelims: Current events of international importance, GDP, foreign exchange


reserve, Parliamentary Committee on External Affairs etc
■ Mains GS Paper II & III: Bilateral, regional and global grouping and agreements
involving India or affecting India’s interests.

ARTICLE HIGHLIGHTS
■ India as global power:
○ Some argue that India should aspire to be a great power and assert its
growing power internationally
○ Others argue that India should focus on the uplift of millions of its
people above the poverty line, improve governance and reconcile
within the country before venturing into making a better world.

INSIGHTS ON THE ISSUE


Context
Challenges India faced:
● India in 1991: a weak, poor, and deeply beleaguered country with a foreign
exchange reserve of $5.8(five point eight)billion and a nominal GDP of
$270 billion.
● For a population of 846 million, around 50% were poor.
● Despite efforts to diffuse fears of a nuclear war
○ prospects of an India-Pakistan clash loomed
○ violence in Kashmir was at its peak.
● The collapse of India’s trusted partner, the Soviet Union on the one hand,
and strained relations with the United States on the other.

India’s stand now(2023):


● India’s foreign exchange reserve has grown to around $600 billion
● A war with Pakistan is not something India is concerned about now.
● China has taken that place though — and there is a general sense of foreign
policy optimism.
● The reforms initiated after the 1991 economic crisis led to higher GDP
growth and significant poverty reduction.
● India is ranked as the world’s fifth largest economy, India’s nominal GDP
could soon touch $4 trillion
● It has one of the largest militaries in the world with over a hundred nuclear
weapons.
● The U.S. is now one of India’s closest friends, and India has strong
relationships with several powerful states around the world.
● India is one of the pivotal swing powers of the contemporary international
system
○ strategically located, and often playing both sides with great elan.
● The great power politics around the Ukraine war brought renewed focus
on India’s role in world politics.
● The U.S. and the wealthy West want India to be on their side.
● There are serious suggestions that India should mediate between Ukraine
and Russia to bring an end to the war.
○ India uses the language of mediation in global crises.
● India acts as a bridge between the north and south and east and west,
indirectly indicating that it is a major ‘pole’ in world politics.
● India’s national power has increased dramatically, making it a force with
system-shaping capabilities and intentions.
Challenges for India:
● Despite being the fifth largest economy in the world, its GDP per capita
was $1,947 in 2021 whereas that of Bangladesh, at $2,227, was more than
that of India
○ Though Bangladesh is only the 40th largest military in the world.
○ GDP and military strength do not equal the well-being of a country’s
citizens.
● India is beset with major infrastructural and governance issues
○ Ease of doing business may have improved, but starting a business
without a bribe is still not easy.
● Regional, caste, ethnic and religious divisions run deep.
● India’s domestic challenges will continue to distract the attention of its
political leaders from attending to global problems.
● Poverty and well-being of millions living under the poverty line: A task
that is bound to divert its attention from serious external engagements.
● India is managed by career bureaucrats who usually do not diverge from
precedents and avoid taking even remotely risky decisions.
○ Without political will, foreign policy tends to be on autopilot.
● A weak domestic economy prevents politicians from allocating adequate
resources for foreign policy objectives.
● Parliamentary Committee on External Affairs (2022-23): It observed that
“despite an increase in the overall budget allocation of the Government of
India, the allocation made to MEA in percentage terms has witnessed a
downward turn during the last four years
○ The committee further said we “do not find such allocation in
consonance with the country’s rising aspirations and growing global
stature”.

Way Forward
■ The kind of power India would become will not only define the future of
the world in important ways, but, most definitely, shape the destiny of its
citizens.
■ Even though India’s domestic inabilities will continue to moderate its
ability to influence the world order befitting of its size and ambition.
○ Being unwilling to engage and shape it would be a strategic blunder.
■ If you are not a rule shaper, you are a rule taker: India has no choice but
to influence and shape the global order to meet its foreign policy objectives.
○ It has a significant impact on its economic growth, security
environment and geopolitical and geo economic interests.
■ Be it debt restructuring, climate change, global trade or non-
proliferation,India can ill afford to let someone else make the rules and
abide by them.

QUESTION FOR PRACTICE


Q. The long sustained image of India as a leader of the oppressed and marginalized
nations has disappeared on account of its new found role in the emerging global
order.’ Elaborate(UPSC 2019)
(200 WORDS, 10 MARKS)

EDITORIAL ANALYSIS
Upholders of strategic autonomy

Source: Indian Express

■ Prelims: Current events of international importance, India-France relations,


NATO, Global south, multipolar world etc
■ Mains GS Paper I: Bilateral, regional and global grouping and agreements
involving India or affecting India’s interests, Important international
institutions etc

ARTICLE HIGHLIGHTS
■ The Prime Minister’s visit to France to participate in the Bastille Day
parade will be seen as an important milestone in the Indo-French
relationship.
■ Bastille Day is celebrated on July 14 every year as France’s national day
INSIGHTS ON THE ISSUE
Context
India-France Relations:

What are the Key Areas of Cooperation between the two Nations?
● Defense: France is the second largest defense supplier in 2017- 2021.
● Economic Cooperation: France has emerged as a key trading partner of
India with annual trade of USD 12.42(twelve point four two) billion in
2021-22.
● Civil Nuclear Cooperation: France was among the first countries with which
India signed a civil nuclear deal.
● Cooperation at International Forum: France supports India’s bid for
permanent membership of the United Nations Security Council as well as
its entry into the Nuclear Suppliers Group.
● Climate Cooperation: India has supported France in the Paris Agreement
expressing its strong commitment to mitigating the effects of climate change.
○ Both countries, as part of their joint efforts on climate change, launched
the International Solar Alliance in 2015.
● Maritime Ties: Joint Strategic Vision of India-France Cooperation in the
Indian Ocean Region presents a blueprint for a strengthening of ties
● Space Cooperation: India and France have continued to strengthen their
cooperation in the field of space.
○ ISRO-CNES Joint Working Group
○ Joint Mars Mission
○ Collaboration on Space Debris
○ Joint Earth Observation Mission

Importance of Bastille Day:


● On that day in 1789, Parisians rose in revolt against Emperor Louis XVI and
stormed the prison fortress, the Bastille, and released all political prisoners.
● This revolt precipitated the abolition of feudalism in France leading to
the “Declaration of the Rights of Man and the Citizen”.
● It brought France the fame of being the “Les Pays Des Droits De
L’Homme” or the “land of human rights”.
● It gave birth to the concepts of “liberty, equality and fraternity”, which
many countries, including India, adopted as sacred principles after emerging
as independent republics.

Strategic autonomy between India and France:


● In 1998, when countries in the West competed in imposing sanctions on
India for daring to test nuclear devices, France stood out.
○ France said: It was an “anomaly” to exclude India from the global
nuclear order.
● France was the first country to sign the agreement for the supply of
nuclear reactors to India in 2008.
● India-France ties continued to grow in various sectors, “from seabed to
space.
Important principles for strategic autonomy:
● The world must accept that “multipolarity” is a reality.
○ There is discomfort in sections of the Western intelligentsia in
accepting that the world is reorganized into multiple state, non-state
and minilateral powers that have emerged as independent poles.
● Sovereign equality: In a multipolar world order, all states command and
demand dignity.

India and Global South:


● India is championing the cause of the dignity of the developing world by
speaking about the Global South.
● In the next decade at least two out of the four big economies of the world —
India and Indonesia — will be from the Global South.
● It is a mixture of political, geopolitical and economic parameters
common to countries in Asia, Latin America, Africa and the Pacific.
● For example, most countries in the Global South were colonies of the
Global North.
● Anti-colonialism and decolonisation are common denominators for the
Global South.
● India’s championing of the cause of Africa and its call to invite the African
Union as a member of the G-20 is part of its Global South campaign.
● The French government’s focus on West Asia encompasses countries in
the Middle East as well as East Africa, traditionally an area of Indian
influence.
○ India and France can work together in both regions.
● India’s role in the Indo-Pacific as a net peace provider can be reinforced
through its bilateral engagement with France.

Way Forward
■ While France considered itself a NATO power or a European power, it is
equally an important power in the Indian Ocean region.
○ It has island territories like
■ Reunion in the Mascarene Archipelago
■ Mayotte in the Comoros Archipelago
■ Iles Eparses in the Mozambique Channel.
○ It has a couple of naval bases in the IOR besides leased ports in Abu
Dhabi, Dakar and Djibouti
■ The PM touched on all these aspects during his France visit although
defense and other economic ties were highlighted by the media.
■ On the 25th year of their strategic partnership, the two announced a
vision for the future, through “Horizon 2047”.
○ Horizon 2047 received a boost through the PM's engagement with the
Indian diaspora in Paris.
■ The Chinese and North Africans — the Algerians, Moroccans and
Tunisians — play an active role in French civic life.
○ PM’s efforts might catapult the Indian diaspora into an activist
mode that would help the bilateral partnership achieve its goals of
Horizon 2047 faster

QUESTION FOR PRACTICE


Q. To what extent can Germany be held responsible for causing the two World
Wars? Discuss critically.(UPSC 2015)
(200 WORDS, 10 MARKS)

EDITORIAL ANALYSIS
More than court action, revisit the Indus Waters Treaty

Source: The Hindu

■ Prelims: Current events of international importance(India-Pakistan relations,


Indus water treaty, Kishanganga Hydel Power Project, LOC, SAARC etc
■ Mains GS Paper II: Bilateral, regional and global grouping involving India and
affecting India’s interests, India and its neighborhood-relations

ARTICLE HIGHLIGHTS
■ The Indus Waters Treaty (1960), or IWT, regulates the Indus water courses
between the riparian states of India and Pakistan.
■ It is cited by many as an example of cooperation between two unfriendly
neighbors for many reasons.
INSIGHTS ON THE ISSUE
Context
India-Pakistan Relations:
● With the partition of British India, two separate nations, India and Pakistan
were formed.
● Since the very beginning, the immediate violent partition, wars, terrorist
attacks and various territorial disputes overshadowed the connection.

Areas of contention:

Areas of Cooperation:
Indus Water Treaty(IWT):
● IWT is a water-distribution treaty between India and Pakistan, brokered by
the World Bank (WB), to use the water available in the Indus River and its
tributaries.
● It was signed in Karachi in 1960 by then-Indian PM Jawaharlal Nehru and
then-Pakistani president Ayub Khan.
● The Treaty gives control over the waters of the three “eastern rivers” –
the Beas, Ravi and Sutlej (BRS)- to India.
● Control over the waters of the three “western rivers” – the Indus, Chenab
and Jhelum -has been given to Pakistan.
● India has about 20% of the total water carried by the Indus system while
Pakistan has 80%.
● The treaty allows India to use the western river waters for limited
irrigation use and unlimited non-consumptive use for such applications as
power generation.
● India has the right to generate hydroelectricity through run-of-the-river
(RoR) projects on the western rivers which, subject to specific criteria for
design and operation, is unrestricted.
● The dispute redressal mechanism provided under the IWT is a graded 3-
level mechanism.
● Under the IWT, whenever India plans to start a project, it has to inform
Pakistan.
● The concerns have to be cleared at the levels of the Indus Commissioners →
Neutral Expert → Court of Arbitration, in a graded manner.

Significance:
● IWT has survived several wars and phases of bitter relations
● It lays down detailed procedures and criteria for dispute resolution.

Present Contention:
● Exercising judicial recourse to settle the competing claims and objections.
○ They arise out of the construction and design elements of the run-
of-river hydroelectric projects that India is permitted under the IWT to
construct on the tributaries of the Indus, Jhelum and Chenab before
these rivers flow into Pakistan.
● Pakistan initiated arbitration at the Hague-based Permanent Court of
Arbitration to address the interpretation and application of the IWT to
certain design elements of two run-of-river hydroelectric projects:
○ On the Kishanganga (a tributary of the Jhelum)
○ Ratle-a hydro-electric project on the Chenab.
● India raised objections as it views that the Court of Arbitration is not
competent to consider the questions.
○ Such questions should instead be decided through the neutral expert
process.
○ Court unanimously passed a decision (which is binding on both
parties without appeal) rejecting each of India’s objections.

Future supply of water:


● Judicial recourse appears to be the only rational strategy by the IWT
parties.
● It is not likely to address the rapidly growing industrial needs of the two
countries, apart from food and energy needs.
● The IWT provides only “some element of predictability and certainty with
regard to the future supplies of water to the riparian states.
○ It needs to incorporate mechanisms that allow flexibility to changes
in the quantity of water available for allocation among the
parties(Paper in Water Policy, the official journal of the World Water
Council)

Issues with IWT:


● Bilateral water agreements are “vulnerable to climate change.
○ Most of them include fixed allocation of amounts of water:
concluded under the assumption that future water availability will
remain the same as today.
● Under the partitioning logic in the IWT vesting of proprietary rights in the
eastern rivers to India, and the vesting of proprietary rights in the western
rivers to Pakistan, does not take into account future water availability.
● The IWT requires Pakistan that it is under obligation to let flow and shall
not permit any interference with the waters of the eastern rivers.
● India is obligated to let all the waters of the western rivers flow.
○ It shall not permit any interference with these waters except for
certain uses.
■ which include generation of hydro-electric power on the
rivers and tributaries of the western rivers before they flow into
Pakistan.
● With climate change altering the form, intensity and timing of precipitation
and runoff.
○ assumption regarding the supplies of water for agricultural
purposes and industrial needs does not hold true.
● The partitioning of the rivers goes against the logic of treating the entire
river basin as one unit which is needed to build its resource capacity.

Principles of water course:


● Reconciling the divergent approach can be sought with the help of two
cardinal principles of international watercourse law:
○ Equitable and reasonable utilization (ERU)
○ Principle not to cause significant harm or no harm rule (NHR).
● The states need to be guided by the factors mentioned in Article 6 of the
Convention on the Law of the Non-navigational Uses of International
Watercourses 1997, including climate change.
● The NHR is a due diligence obligation: It requires a riparian state
undertaking a project on a shared watercourse having potential
transboundary effect to take all appropriate measures relating to the
prevention of harm to another riparian state.
○ Including carrying out a transboundary environmental impact
assessment.

Article 9 of IWT:
● It offers a graded pathway to address any issue related to the
implementation or interpretation of the IWT.
● It provides for the appointment of a neutral expert in case there is a lack
of consensus among the Commissioners.
● If the neutral expert believes that the difference should be treated as a
dispute, it can be referred to the Court of Arbitration.
● The Commission has to report the facts to the two governments.
● The report must state:
○ Points of concord in the Commission
○ The views of each Commissioner on these issues
○ Mention the issues of disagreement.
● Only after receiving a report can either of the governments address the
issue bilaterally or through the Court of Arbitration.

Way Forward
■ It is suggested in Article 10 of the 1997 Convention to lean on “vital
human needs” in the context of the ERU and the NHR.
○ The inclusion of these principles in the IWT will help in erasing the
differences.
■ The ERU and NHR are binding on both countries as they are customary
international law rules generating the binding obligation to both parties.
○ The inclusion of these principles in the IWT will ensure
predictability to a certain extent.
■ The World Bank(party to the IWT) may use its forum to forge a
transnational alliance of epistemic communities (who share a common
interest and knowledge of the use of the Indus waters).
○ To build convergent state policies, resulting in the ultimate inclusion
of these two principles in the IWT.
○ Thus, revisiting the IWT is a much needed step.
■ The practice of diplomacy and the use of law for explaining and justifying
government actions are equally important.
○ The reasoning put forward by India and Pakistan requires scrutiny.
■ Article 7 of treaty: It talks about future cooperation — discussing and
broadening transboundary governance issues in holistic terms.
○ It could be the starting point for any potential diplomatic handshake.

QUESTION FOR PRACTICE


Q. Increasing cross border terrorist attacks in India and growing interference in the
internal affairs of several member states by Pakistan are not conducive for the
future of SAARC (South Asian Association For Regional Cooperation)." Explain with
suitable examples.(UPSC 2016)
(200 WORDS, 10 MARKS)

EDITORIAL ANALYSIS
What connects India and Bangladesh

Source: Indian Express

■ Prelims: Current events of international importance(India-Bangladesh


relations, SAARC, Teesta water agreement etc
■ Mains GS Paper II: Bilateral, regional and global grouping involving India,
Significance of Indo-Pacific for India etc

ARTICLE HIGHLIGHTS
■ The Bangladesh Prime Minister visited India last year.
○ PM assured Bangladesh PM of maximum cooperation in
■ communication
■ security
■ uniform river water distribution
■ border management
■ trade expansion
■ power and energy sectors.

INSIGHTS ON THE ISSUE


Context
India-Bangladesh Relations:
● Shared culture and ethnicity with West Bengal: Bangladesh is closely linked
to India through its shared culture and ethnicity with West Bengal.
● Bridge: The language, a slightly varied dialect of Bengali, acts as a bridge
between East India, North East India and Bangladesh.

India-Bangladesh trade:
● Sixth largest trading partner: Bangladesh is India’s sixth largest trade
partner with bilateral trade rising from $2.4 billion (two point four) in
2009 to $10.8 billion in 2020-21.
● Industrial raw materials: Bangladesh imports critical industrial raw
materials from India on which its exports are reliant.
● World Bank working paper: Bangladesh’s exports could rise 182% under a
free trade agreement.

Steps by Bangladesh for cooperation:


● Bangladesh’s Minister of Liberation War Affairs handed over the
Liberation War Award to the families of 12 martyred members of the Indian
Armed Forces in Fort William, Kolkata.
● The process to honor 1,582 Indian Army personnel martyred during the
war is on.
● 200 Mujib scholarships among the family members of the Indian Armed
Forces who participated in Bangladesh’s liberation war.
○ The Prime Minister of Bangladesh handed over 10 scholarships and
certificates during the visit.
● On Bangabandhu’s birth centenary, a digital exhibition was organized on
the life history of Sheikh Mujibur Rahman and Mahatma Gandhi.
○ The exhibition has traveled to 18 countries, besides India and
Bangladesh.

Trade between India and Bangladesh(last financial year):


● Bangladesh’s exports to India increased 100 percent and are valued at $2
billion.
● India’s exports to Bangladesh have increased by 70 percent and are
currently at $16 billion.
● Diplomatic efforts to reduce the trade deficit with India are on.
● Talks for a Comprehensive Economic Partnership Agreement (CEPA) to
increase trade between the two countries.
● Both have reached a consensus to continue cooperation to deal with
potential energy crises.

Security cooperation:
● Bangladesh has ensured that no activity in Bangladesh endangers the
geographical integrity of India and disturbs the stability of the seven
northeastern states.
● One of the top leaders of ULFA, Anup Chetia, was handed over to India.

Energy Cooperation:
● Bangladesh imports 1,160 MW of electricity from India.
● Discussions on importing electricity from Nepal and Bhutan via India are
on.
● The Akhaura-Agartala rail line will be launched in the next few months.
○ The Shahjadpur-Kulaura line will be completed after that.
● Connectivity between Petropol and Benapol, Gede and Darshana, and
Birol and Radhikapur connectivity will protect the interests of both
countries.
Water cooperation:
● The two countries have signed a memorandum of understanding
regarding the distribution of the waters of the Feni River.
● Both countries agreed to exchange technical information and set up a
framework for an interim agreement on sharing waters of six rivers — Manu,
Mahuri, Khowai, Gomti, Dharla and Dudhkumar.
● A MoU was signed between India’s Ministry of Jal Shakti and
Bangladesh’s Ministry of Water Resources on the withdrawal of up to 153
cusecs of water by the two countries from the common border River
Kushiyara during the dry season.
● Governments have talked of signing the Teesta Agreement.

Key Agreements signed:


● Agreement on withdrawal of water river Kushiyara
● Flood water related information
● Agreement on training of personnel
● Unit 1 of Maitree power plant(1320 MW)
● Rupsha rail bridge
● Mujib scholarships: For 200 family members of the personnel of the Indian
military.

Way Forward
■ In the area of water resources management, several satisfactory solutions
have led to ice being broken over difficult matters between the two Bengals.
○ These could pave the way for the much-discussed and awaited Teesta
water-sharing agreement.
■ India’s home minister said: the relationship between the two countries is
very deep.
○ Much of it is rooted in the shared culture of the two nations.
■ The Role of Sheik Hasina: The contribution of Sheik Hasina to building a
strong relationship with their largest neighbor is enormous and widely
appreciated in India.
■ A role model for bilateral and regional cooperation:Their leaders have
jointly crafted and nurtured “a role model for bilateral and regional
cooperation”.
○ It deserves to be protected and strengthened, whatever the future may
hold.

QUESTION FOR PRACTICE


Q. Q. Project ‘Mausam’ is considered a unique foreign policy initiative of the Indian
Government to improve relationships with its neighbors. Does the project have a
strategic dimension? Discuss. (UPSC 2015)
(200 WORDS, 10 MARKS)

EDITORIAL ANALYSIS
Quiet diplomacy could ease South China Sea tensions

Source: The Hindu


■ Prelims: Current events of national and international importance(indo-pacific,
India-Japan relations, South China Sea etc
■ Mains GS Paper II: Bilateral, regional and global groupings involving India or
affecting India’s interests, Significance of Indo-Pacific for India etc

ARTICLE HIGHLIGHTS
■ The Foreign Ministers of India and the Philippines met at the fifth meeting
of the Philippines-India Joint Commission on Bilateral Cooperation, in
New Delhi,
■ External Affairs Minister of India, and the Secretary for Foreign Affairs of
the Philippines, outlined the path for a strengthened bilateral partnership
between Manila and Delhi in the 21st century.
INSIGHTS ON THE ISSUE
Context
South China Sea:
● An arm of the western Pacific Ocean that borders the Southeast Asian
mainland.
● Bordered by Brunei, Cambodia, China, Indonesia, Malaysia, the Philippines,
Singapore, Taiwan, Thailand and Vietnam.
● It is connected by the Taiwan Strait with the East China Sea and by the
Luzon Strait with the Philippine Sea (both marginal seas of the Pacific Ocean).
● It Comprises three archipelagos, namely, the Spratly Islands, Paracel
Islands, Pratas Islands and Macclesfield’s Bank and Scarborough Shoal.

Dispute:
● China’s Nine Dash Line: Defines area claimed by China - by far the largest
portion of the Sea.
● Scarborough Shoal: Claimed both by the Philippines and China (known as
Huangyan Island in China).
● Spratlys: Occupied by claimants, which consist of Taiwan, Vietnam, the
Philippines, China and Malaysia.
● Paracel Islands: Subject of overlapping claims by China, Vietnam and
Taiwan.
● Island Chain Strategy: A geographical security concept crafted by the United
States in the 1940s to deter China and the Soviet Union’s maritime ambitions.

Developments between India and Philippines:


● The decision to open the resident defense attaché office in Manila
● Boosting cooperation between the Coast Guards of the two countries
● Acquisition of naval assets by Manila under a concessional line of credit
from Delhi
● Expansion of training and joint exercises on maritime security and
disaster responses
● Commencing a maritime dialogue
● Agreement on regional and multilateral issues, particularly on maritime
highways such as the South China Sea.

India’s position on South China sea dispute:


● It adhered to international law, including the United Nations Convention on
the Law of the Sea (UNCLOS)
● India's call to respect the 2016 Arbitral Award on the South China Sea is a
departure from India’s earlier position.
○ From ‘noted’ to ‘adherence to the 2016 Arbitral Award’ is a candid
recognition of its legitimacy.

South China Sea and UNCLOS:


● The Philippines had submitted a case of arbitration to the Permanent
Court of Arbitration (PCA) in order to settle disputes with China.
● The UNCLOS’ Annex VII stipulates: “The absence of a party or the failure of
a party to present its case shall not be a bar to the proceedings.”
● The PCA finally released the Award on July 12, 2016:The arbitration took
into account:
○ Maritime rights
○ The status of particular marine features
○ Historical rights
○ Legitimacy of particular Chinese actions in the South China Sea, that
Manila claimed to be illegal.
● The tribunal’s decision is “final and binding” in accordance with UNCLOS
Article 296 and Article 11 of Annex VII.
● The PCA denied China’s assertion that it had historical rights in the South
China Sea
● The unanimous decision was unexpectedly in the Philippines’ favor.
● It further stated that any prior claims to resources situated inside the
“nine-dash line” were unfounded.
● The tribunal determined that development and land reclamation had
fundamentally changed the reefs in contravention of UNCLOS commitments.
● China has “inflicted irreparable harm to the maritime environment” in
addition to “destroying evidence of the natural condition of features in the
South China Sea.
● The Tribunal found that “China has violated the sovereign rights of the
Philippines in its Exclusive Economic Zone (EEZ) by:
○ interfering with Philippines’ fishing and petroleum exploration
○ constructing artificial islands
○ failing to stop Chinese fishermen from fishing in the zone”.
○ China had reduced the traditional fishing rights of Filipino
fishermen and that by physically obstructing Philippine vessels
● It determined that China had no legal basis for asserting historic rights
to resources located within the sea areas under the Tribunal’s jurisdiction.

Issues with the ruling of Tribunal:


● Tribunal “did not rule that it was unlawful in principle for China to
undertake construction activities on the disputed islands that it occupies.
● There is nothing in the decision which would make it unlawful for China to
construct military installations on the islands it occupies, with the exception
of Mischief Reef”.
● The Tribunal emphasized that the dispute is driven by their fundamentally
different interpretations of separate rights under UNCLOS in the South China
Sea.

Way Forward
■ The South China Sea is a crucial maritime gateway and junction for
shipping between the Pacific and Indian Oceans.
■ Any confrontation in the South China Sea, one of the world’s most vital
oceans in terms of geopolitics, economy, and strategy, will be a danger to
regional and global security.
■ As free and stable marine commons are crucial to global trade and
economy, India and many other nations have an interest in safeguarding the
water lanes that pass through the region.
■ Despite the fact that the PCA declared its decision, the reality on the
ground has not altered, making it practically impossible to carry out the
decision.
■ By reiterating the need for a peaceful conflict resolution that fully
respects legal and diplomatic channels and abides by the ruling,
○ India’s message: the region wants peace and respect for international
law.
■ The South China Sea problem requires a political framework, which can
only be created through dialogue.
■ Leaders of the Association of Southeast Asian Nations (ASEAN) should try
to find a political solution through “quiet diplomacy”, as the potential for
resolving this issue through legal methods is very low.
QUESTION FOR PRACTICE
Q. Evaluate the economic and strategic dimensions of India’s Look East Policy in the
context of the post Cold War international scenario.(UPSC 2016)
(200 WORDS, 10 MARKS)

EDITORIAL ANALYSIS
Sobriety after the euphoria of the U.S. state visit

Source: The Hindu

■ Prelims: Current events of international importance(India-US relations),


disputes with China(Mapping) etc
■ Mains GS Paper II: Bilateral, regional and global grouping involving India,
Significance of Indo-Pacific for India etc

ARTICLE HIGHLIGHTS
■ Two U.S. Presidents Lyndon B. Johnson in 1963 and Richard Nixon in
1971.
○ Johnson denied aid to India in the wake of China’s perfidious attack on
India in 1962.
○ Nixon during the India-Pakistan conflict in 1971 for sending the U.S.
Seventh Fleet steaming up the Bay of Bengal.

INSIGHTS ON THE ISSUE


Context
India-US Relations:
● India-U.S. bilateral relations have developed into a “global strategic
partnership.
● Relationship is based on:
○ Shared democratic values
○ Increasing convergence of interests on bilateral, regional and global
issues.
Areas of Cooperation:

Background of relationship development between India and US:


● Clinton-Vajpayee-era: It gave impetus to summit-level diplomacy in the
relationship
● The Manmohan-Bush and Manmohan-Obama relationship: It highlighted
nuclear diplomacy
● Modi-Obama and Modi-Trump worked on trade and military diplomacy.

USA's stand now:


● The promise of the transfer of technology in several areas.
○ Producing fighter jet engines for the Indian Air Force
○ Holding out the promise of the initiative on Critical and Emerging
Technology (iCET).

Benefit for India:


● Agreements on critical technologies could lead to a quantum jump in
India’s military and aerospace capabilities.
● Attempt by the U.S. to persuade India to accept an alliance status, vis-à-vis,
the U.S.
● Strategic ties are certain to attain a new dimension.
● It could lead to “a deeper, effective, and more diverse defense partnership”.

Indian visits before:


● There were visits by Jawaharlal Nehru: He met with Harry S. Truman,
Dwight D. Eisenhower and John F. Kennedy)
● Lal Bahadur Shastri’s visit never happened in the end.
● Indira Gandhi’s visit to Washington as Prime Minister was a disaster of
sorts
○ Both India and the U.S. had their own versions of what transpired.
● Prime Minister Rajiv Gandhi’s visit was by all accounts deemed a success.

The civil nuclear deal shift:


● The opening up of civil nuclear cooperation between India and the U.S.
marked the beginning of a tectonic shift in global affairs at the start of the
21st century.
● India secured a waiver under the Nuclear Non-Proliferation Treaty.
○ It obtained the approval of the U.S. Congress for the iconic 123
Agreement.
○ It paved the way for an India-specific Safeguards Agreement with
the International Atomic Energy Agency (IAEA).

Implication:
● India today has the freedom to maintain a select number of reactors
outside IAEA Safeguards
● It enabled India to utilize them for military purposes.
● India currently enjoys reprocessing and enrichment and other critical
outcomes that stemmed from the visit.

Why is The United States of the 21st century different from the U.S. in the late
20th century?
● U.S. politics is currently in a state of flux — more so than at most times in
the past.
● The individual preferences of the U.S. President in office and the ‘swing
factor’ in U.S. foreign policy

Recent developments:
● Technology diplomacy: The unprecedented new promise of Transfer of
Technology (ToT) from the U.S.
○ It was a result of the Memorandum of Understanding between
General Electric (GE) Aerospace and Hindustan Aeronautics
Limited (HAL) “to produce fighter jet engines for the Indian Air Force”.

The civil nuclear deal


● In 1998, the U.S. imposed sanctions on India mandated by the Arms Export
Control Act.
● The US signed a waiver to the sanctions on both India and Pakistan.
● The Bush administration’s push for civil nuclear exemptions, resulted in
the India-U.S. Joint Statement in 2005.
● A waiver under the Non-Proliferation Act, the Henry Hyde Act and the 123
Agreement with India.
○ It also led to an India-specific exemption at the Nuclear Suppliers
Group in 2008.
● The Obama visit to Delhi in 2010: Implementation of all the waivers of the
previous decade.
○ It was another set of exceptions for India on export controls and
high technology trade
○ Transfers under the U.S. Export Administration Regulations (EAR)
and International Traffic in Arms Regulations (ITAR).

The significance of these exceptions:


● NPT: They were made despite India never joining the Nuclear Non-
Proliferation (NPT) Treaty regime, nor did it sign the Comprehensive
Nuclear-Test-Ban Treaty.
● These were “India-specific” waivers not available to other non-NPT
countries such as Pakistan.
○ They were crucial indicators of the shift in U.S. alignment in South
Asia.

Way Forward
■ India needs to be cautious because India is familiar with the way the U.S.
changes its priorities, and friends.
■ India should realize that it cannot at any time, be the kind of ally that the
U.S. seeks.
■ The current euphoria in relations notwithstanding, the situation has
been dictated due to circumstance rather than conviction.
■ India cannot possibly be part of an arrangement such as the AUKUS Pact
that binds the U.S. with the United Kingdom and Australia.
○ The fundamentals underlying the Quad and AUKUS are very
different.
■ India must use the outcome of the Prime Minister’s visit to skilfully
function as a ‘bridge power’.
■ India should play such a role, and should not be inveigled through
blandishments such as defense ties.
■ India’s potential should be marshaled to act as a bridge between
conflicting parties in the Indo-Pacific, in West Asia and in Europe.
■ This could be the enduring legacy of the Prime Minister’s latest visit to
the U.S., which has occasioned so much interest not only in the U.S. and India,
but across the world.

QUESTION FOR PRACTICE


Q. The USA is facing an existential threat in the form of China, that is much more
challenging than the erstwhile Soviet Union.” Explain.(UPSC 2021)
(200 WORDS, 10 MARKS)

EDITORIAL ANALYSIS
India should refuse America’s ‘NATO Plus’ bait

Source: The Hindu

■ Prelims: Current events of international importance, NATO, EU etc


■ Mains GS Paper II: Bilateral, regional and global grouping involving India and
affecting India’s interests etc

ARTICLE HIGHLIGHTS
■ United States Permanent Representative to NATO, Julianne Smith
quoted: The NATO alliance is open to more engagement, should India seek
that”.
■ U.S. House Select Committee on the Strategic Competition between the
United States and the Chinese Communist Party (CCP): It recommended
strengthening the ‘NATO-Plus’ framework by including India in the grouping

INSIGHTS ON THE ISSUE


Context
North Atlantic Treaty Organization (NATO):

● Headquarters: Brussels, Belgium.


● It is a military alliance established by the North Atlantic Treaty (also called
the Washington Treaty) of April, 1949, by the United States, Canada, and
several Western European nations to provide collective security against
the Soviet Union.
● There are currently 30 member states(Finland 31st).
● NATO’s essential and enduring purpose is to safeguard the freedom and
security of all its members by political and military means.
● NATO has an integrated military command structure but very few forces
or assets are exclusively its own.

Other Countries who recently Joined NATO before


● Norway (1949)
● Latvia (2004)
● Estonia (2004)
● Poland (1999)
● Lithuania (2004)
● Finland(2023)

NATO Plus:
● It refers to a security arrangement of NATO and the five treaty allies of the
U.S. — Australia, New Zealand, Japan, Israel, and South Korea as members.
● Aim: To enhance “global defense cooperation” and win the “strategic
competition with the Chinese Communist Party”.
● NATO Plus’ is not an officially recognised or established concept within
NATO itself
○ It has been used in discussions and debates regarding the potential
expansion of the alliance.
● The inclusion of these countries as members would require a complex
process of negotiation and assessment of their compatibility with NATO’s
principles, obligations, and defense commitments.
● The focus of NATO Plus is on containing China.
○ Therefore, considering its disputes with China, India remains a
missing link in the framework.

Advantages for India in joining NATO Plus:


● In light of increasing regional security challenges, India joining the NATO
Plus framework could provide it with a security umbrella
○ With protection and deterrence against potential threats.
● India could also gain access to advanced military technologies,
intelligence-sharing platforms, and interoperability with other member-
states.
● This could potentially strengthen India’s defense capabilities and
modernisation efforts.

Issues with Joining NATO for India:


● Getting into any NATO framework will annoy Russia and China.
○ Apart from the robust strategic partnership, Russia has been useful
to India in dealing with regional security challenges
○ Russia has helped in moderating the stance of China.
● Even though Russia is getting over-dependent on China, post the war in
Ukraine, Russia remains a valuable partner for India.
○ India’s solidified strategic partnership with Russia will crumble.
● While aligning with the U.S.-led alliance system may be tempting due to
the threats posed by China
● It could ultimately prove counterproductive and detrimental.
● Having a military framework will limit India’s freedom of action and
prevent it from pursuing an independent policy towards China.
● At a time when India has its own bilateral issues with China and a
strategy for the Indo-Pacific, hopping into the Taiwan strategy of the U.S.
under NATO Plus will complicate India’s security
● It will pave the way for the possibility of Chinese justification for further
military build-up along the India-China border and frequent intrusion.
● India has traditionally maintained a policy of strategic autonomy,
allowing it to engage with various nations and blocs based on its own
interests.
● Joining a NATO framework would require India to align its defense and
security policies with the objectives and strategies of the alliance
○ thereby potentially undermining India’s autonomy.
● The non-aligned policy will become irrelevant.
● It could strain relationships with countries, especially neighbors and
regional organizations that value India’s independent stance
● It could limit its flexibility in engaging with other regional powers.

Way Forward
■ India’s priorities lie in addressing its own regional dynamics that
includes a unique set of security challenges such as border disputes,
terrorism, and regional conflicts.
■ NATO has certain competencies to deal with such issues, its larger
geopolitical agenda starting from Eurasia to the Indo-Pacific may divert
resources and attention away from these pressing issues and, therefore, will
not be of much help to India.
■ India’s posturing through the Quad-the Asian NATO as per China: It looks
more promising than the NATO Plus bait, though China remains an elephant
in the room during its summits.

QUESTION FOR PRACTICE


Q. What introduces friction into the ties between India and the United States is that
Washington is still unable to find for India a position in its global strategy, which
would satisfy India’s National self- esteem and ambitions” Explain with suitable
examples.(UPSC 2019)
(200 WORDS, 10 MARKS)

EDITORIAL ANALYSIS
Demographic transition and change in women’s lives

Source: The Hindu

■ Prelims: Census, The Census Act, 1948, life expectancy, demographic transition,
India Human Development Survey (IHDS) etc
■ Mains GS Paper I and II: Government policies and interventions for
development of various sectors and issues arising out of them etc

ARTICLE HIGHLIGHTS
■ The passage of World Population Day (July 11)-India’s demographic
journey has changed the lives of its citizens, particularly its women.
■ India’s population grew from about 340 million at Independence to
1.4(one point four)billion.

INSIGHTS ON THE ISSUE


Context
What is the Demographic Transition and Demographic Dividend?
● A demographic shift refers to a change in the composition of a population
over time.
● This change can occur due to various factors such as changes in birth and
death rates, migration patterns, and changes in social and economic
conditions.
● A demographic dividend is a phenomenon that occurs when a country's
population structure shifts from having a high proportion of dependents
(children and elderly) to having a higher proportion of working-age adults.
● This change in population structure can result in economic growth and
development if the country invests in its human capital and creates
conditions for productive employment.

Demographic changes in India:


● In 1941, male life expectancy was about 56 years; only 50% of boys
survived to age 28.
○ Today, life expectancy for men is 69 years, and nearly 50% live to
see the ripe old age of 75.
● Total Fertility Rate fell from 5.7(five point seven) in 1950 to 2.1(two
point one)in 2019.
● With four children: The chance of not having a son was barely 6%, but with
two children, it grew to 25%.
○ Social norms and patrilocal kinship patterns combined with lack of
financial security reinforce a preference for sons.
● The India Human Development Survey (IHDS) found that:
○ 85% of women respondents expected to rely on their sons for old age
support
○ 11% expected support from their daughters.
● Parents who want to ensure that they have at least one son among their
one or two child families, resorted to sex-selective abortion, and, in some
cases, the neglect of sick daughters.
● The number of girls per 100 boys, ages under five dropped from 96 to 91
between 1950 and 2019.

Changes for Indian women:


● Women’s childhood, adulthood, and old age have been transformed over
the course of demographic transition, sometimes positively, sometimes
negatively.
● A fertility decline: It created space for education and employment.
● National Family Health Survey: The number of years women spend caring
for children under five declined from 14 years in 1992-93 to eight in
2018-20
● The years spent caring for children ages six to 15 dropped from 20 to 14
years.
● Women’s educational attainment increased, with over 70% of girls
enrolling in secondary education
○ Early marriage and childbearing remain the predominant forces
defining women’s lives.
● Article by Park, Hathi, Broussard, and Spears documents: The average
age at first birth has hardly budged about 20 for women born in the 1940s
and still remains well below 22 years for those born in the 1980s.

Issues:
● Early motherhood: The lower fertility does not translate into higher labour
force participation for women.
● Women need to establish secure connections to the labour market and
gain work experience if they are to get skilled jobs.
● By the time peak childcare demands end they miss the window for
occupations that require specific skills
○ only unskilled work is open to them.
● Demographic shifts also affect women’s lives at older ages.
● With rising life expectancy the proportion of the female population aged 65
and above increased from 5% to 11% between 1950 and 2022.
○ It is projected to reach 21% by 2050.
● The 2011 Census: only 18% of men above age 65 are widowed, about 55%
of the women are widowed.
○ For widowed women, the lack of access to savings and property
results in dependence on children, mainly sons.
○ It brings the vicious cycle of son preference to full circle.

Way Forward
■ Changing patriarchal norms may take a long time: Enhancing women’s
access to employment and assets will reduce their reliance on sons.
○ It could break the vicious cycle of gendered disadvantage,
stretching from childhood to old age.
■ Any efforts at improving women’s labour force participation must be
accompanied by access to safe and affordable childcare.
■ A World Bank evaluation based on a randomized controlled
trial(Madhya Pradesh) found that the expansion of Anganwadis to include a
crèche led to an increase in the work participation of mothers.
○ Examples of the importance of childcare is documented in a study
based in urban China by Du and Dong.
■ It found that as state support for childcare declined,
employment rates for mothers fell from 88% to 66%.
■ NREGA being used to build physical infrastructure: It can be used to
develop social infrastructure where NREGA workers can help staff crèches.
■ The burgeoning self-help group movement can be harnessed to set up
neighborhood child-care centers in urban and rural areas.

QUESTION FOR PRACTICE


Q. Discuss the main objectives of Population Education and point out the measures
to achieve them in India in detail.(UPSC 2021)
(200 WORDS, 10 MARKS)

EDITORIAL ANALYSIS
Restoring the World Trade Organization’s crown jewel

Source: The Hindu


■ Prelims: Protectionism, liberalization, WTO, GATT etc
■ Mains GS Paper III: Government planning, mobilization of resources, LPG
reforms, protectionism etc
ARTICLE HIGHLIGHTS
■ The member-countries of the World Trade Organization (WTO) managed
to hammer out a face-saving deal.
○ India played a vital role at the Geneva ministerial conference,
thereby keeping faith in trade multilateralism alive.
○ Resurrecting the WTO’s dispute settlement system (DSS), also
called WTO’s ‘crown jewel’, by 2024.

INSIGHTS ON THE ISSUE


Context
World Trade Organization(WTO):
Principles of WTO:

Functions:
The appellate body:
● It is the second tier of the WTO’s DSS that hears appeals from WTO panels.
● It is non-functional because the United States, single-handedly, has blocked
the appointment of its members.
● The appellate body, from 1995-2019, has upheld the international rule of
law by holding powerful countries such as the U.S. and the European Union
accountable for international law breaches.

The ‘precedent’ problem:


● The U.S. reproaches the appellate body for judicial overreach and
exceeding its assigned institutional mandate.
○ It argues that till the time the appellate body’s role is defined
precisely, it cannot be resurrected.
● The U.S. identifies that the appellate body is contrary to the text of the
WTO’s dispute settlement understanding (DSU).
○ It has been creating binding precedents through its decisions.
○ There is no rule of stare decisis i.e., no rule of precedent in
international law.
● The WTO’s DSU(Article 3.2): It states that the appellate body rulings can
neither add nor diminish the rights and obligations of WTO member-
countries.
○ Same Article also says: “The dispute settlement system of the WTO is
a central element in providing security and predictability to the
multilateral trading system.”
○ It is incumbent on the appellate body to ensure that there is
consistency in the interpretation and application of the WTO
agreements without creating a binding precedent.
○ It has encouraged the WTO panels to rely on previous
interpretations especially where the issues are the same.

Stand of Appellate body:


● The appellate body has clarified that a departure can be made from the
previous rulings and reasoning if there are “cogent reasons”.
● The appellate body is not the only international court that follows its
previous decisions.
○ Other international courts such as the ICJ and the International
Tribunal for the Law of the Sea also follow past decisions unless
there are valid reasons not to do so. At
● It has been proposed that the WTO member-countries can adopt a
statement that the appellate body rulings do not create precedents.

Trade multilateralism:
● The WTO was created with the neoliberal consensus that emerged after the
Cold War and the collapse of communism.
● Ernst-Ulrich Petersmann(international economic lawyer). In a neoliberal
economic system, the ‘invisible hand’ of market competition should be
complemented by the ‘visible hand’ of the law.
○ The WTO became this ‘visible hand’ of the law to regulate global
trade.

De judicialization:
● De-judicialization(Daniel Abebe and Tom Ginsburg): It is the reverse
phenomenon where countries weaken international courts to take back
decision-making power.
● De-judicialisation should not be confused with exerting political oversight
over the appellate body to improve its working.
● While US has identified multiple problems with the DSS, it has seldom
offered constructive suggestions
● The emerging geo-economic challenges posed by a rising China, the U.S.
wants to exercise full power over its trade policies
Way Forward
■ The neoliberal order is not dead, the independent economic and security
tracks have started to converge, thus heralding the geoeconomic order.
■ Henry Gao argues: Countries have to elect the appellate body members by
resorting to voting at the WTO’s General Council meeting.
■ James Bacchus: The geoeconomic order will inevitably lead to international
trade lawlessness’.
■ The US’s rejection of the WTO Panel’s ruling calling it ‘flawed’.
○ This will only embolden other countries to pursue unilateralism and
economic nationalism.

QUESTION FOR PRACTICE


Q. The broader aims and objectives of WTO are to manage and promote
international trade in the era of globalization. But the Doha round of negotiations
seem doomed due to differences between the developed and the developing
countries.” Discuss in the Indian perspective.(UPSC 2016)
(200 WORDS, 10 MARKS)

EDITORIAL ANALYSIS
Choose a new palette for India’s creative economy

Source: The Hindu

■ Prelims: Indian Economy(GDP, GVA, fiscal policy, budget, economic survey,


GST, digital divide, UNESCO, MONDIACULT etc
■ Mains GS Paper III: Fiscal policy, Monetary policy, GDP, Issues related to
planning etc.
ARTICLE HIGHLIGHTS
■ Digital platforms and technology have enabled Indian artists and artisans
to reach wider audiences.
■ UNESCO World Conference on Cultural Policies and Sustainable Development
(MONDIACULT 2022) was held to address contemporary issues in
multicultural societies.
INSIGHTS ON THE ISSUE
Context
Creative economy:
● It is one of the youngest and fastest-growing sectors, with unique challenges
that often go unnoticed by public and private investors.
● There is growing recognition of the economic importance of the arts
sector as it helps in the creation of jobs, economic growth, tourism, exports,
and overall societal development.

Challenges faced by artists:


● Related to economic sustainability
● market access
● The digital divide
● Crime in the art world and preservation.

Goal of UNESCO World Conference on Cultural Policies and Sustainable


Development (MONDIACULT 2022):
● The goal was to share a vision for the future of cultural policies
● To reaffirm the international community’s commitment to leveraging
culture’s transformative power for sustainable development.

Status of artists:
● Online platforms, social media, and digital content creation enable
artists, writers, film-makers, musicians, and other creatives to engage with
audiences, and monetise their talents.
● Indian artists and artisans play a vital role in preserving traditional art
forms and creating contemporary artworks.
Challenges:
● They face challenges that are related to economic sustainability, market
access, and the preservation of traditional art forms in a rapidly changing
society.
● There are challenges in the selection of artists for financial assistance in
organizing cultural events.
● Lack of transparency in the selection process creates inequality in
representation.
● There is no systematic or rotational mechanism in place to provide this
assistance, and the selection process is often random or based on subjective
criteria.
● Talented artists, particularly those based outside the city, are unable to
gain from sponsored platforms.
● Unlike in other countries, there are no serious efforts by private or public
institutions to promote contemporary artists as brands.
● Crime in the art world includes art theft, copyright infringement, forgery,
fraud, and illicit trafficking.
○ Addressing these crimes requires increased security measures,
international cooperation, public awareness, and advanced technology
for authentication and tracking.
● Artworks depicting or exploring criminal activities, as well as criminal
activities within the art industry, pose significant challenges.
● There is no institutional infrastructure, expertise and technology to
verify the original artwork.
○ The gap is leading to injustice towards genuine artists.
○ These offenses affect cultural heritage and cause financial harm and
erode public trust.
● Exploitation of Indian artists, unaccounted money preserved through
artworks, and the dissemination of disinformation about cultural history
through various media only compound the issue.

Solutions:
● Increased security measures
● International cooperation
● Public awareness
● Advanced technology for authentication.
● Regular audits of acquired artworks can enhance trust and preserve a
collection’s integrity.
● An institutional record of incoming and outgoing artworks with a verified
identification mark is required.
● Having a collaborative model promoting the cultural economy to address
the challenges faced by the creative economy and promote the economic
contribution of culture.
● To promote economic growth: To encourage India’s soft power by having a
capacity-building center
○ This should help create an ecosystem of innovative technology-
based start-ups in the arts and crafts sector
○ Providing guidance
○ technical support
○ infrastructure
○ access to investors
○ networking opportunities.
● The needs of artists must be bridged through training, professional
development, market access, and participation in larger communities and
networks.
● A facilitation center would help foster knowledge sharing, economic
empowerment, and sustainable livelihood solutions for artists and artisans.
● Data analytics should be used to foster creative ecosystems that
contribute to a sustainable world.
● The government along with private players can empower artists, help
bridge industry gaps, and contribute to the overall development of the
creative economy.
○ By providing support, resources, and opportunities for innovation
and entrepreneurship.

Way Forward
● A collaborative model promoting cultural economy can help encourage
India’s soft power by creating an ecosystem of innovative technology-based
start-ups, providing guidance, technical support, infrastructure, access to
investors, and networking opportunities.
● Government support, cultural institutions, and initiatives provide
financial assistance, training programmes, and opportunities for artists to
exhibit their work.
○ However, more efforts are needed to promote contemporary
artists as brands and ensure equal representation and financial
assistance.
● Artists and artisans with creative ideas require a market, market research,
business facilitation, and a platform.
● Existing institutions should address the various needs of artists, such as
training, professional development, material support, access to markets,
public validation, and participation in larger communities and networks.
● A facilitation mechanism should operate by focusing on fostering
knowledge sharing, networking, and economic empowerment.
○ For individual artists and creative entrepreneurs by:
■ Offering business training
■ incubating innovative projects
■ connecting them with global marketing platforms, tools, and
practices.
● The center should also be a platform to provide sustainable livelihood
solutions for artists and artisans through participatory models
○ Leveraging the latest ICT tools to enhance their participation in the
business ecosystem.
● It is also time for new data that sheds light on emerging trends at a global
level as well as putting forward policy recommendations to foster creative
ecosystems that contribute to a sustainable world.
● The economic and cultural significance of art, culture, and the creative
economy in India, while addressing challenges and proposing solutions,
should support the growth and development of artists and artisans as a
whole.

QUESTION FOR PRACTICE


Q. Explain the difference between combusting methodology of India's Gr Domestic
Product (GDP) before the year 2015 and after the year 2015.(UPSC 2021)
(200 WORDS, 10 MARKS)

EDITORIAL ANALYSIS
A macro view of the fiscal health of States

Source: The Hindu

■ Prelims: Indian Economy(GDP, GVA, fiscal policy etc)


■ Mains GS Paper III: Fiscal policy, Monetary policy, GDP, Issues related to
planning etc.
ARTICLE HIGHLIGHTS
■ In India, the States mobilize more than a third of total revenue, spend 60%
of combined government expenditure, and have a share in government
borrowing that is around 40%.

INSIGHTS ON THE ISSUE


Context
Fiscal policy:
● The fiscal policy is concerned with the raising of government revenue and
Government Budget increasing expenditure.
● To generate revenue and to increase expenditures, the government finance or
policy called Budgeting policy or fiscal policy

The major fiscal measures are:


● Public Expenditure
● Taxation
● Public Borrowing

Difference between Fiscal and Monetary Policy:

Types of Fiscal Policy:


Fiscal imbalance and consolidation of states:
● First quarter of the fiscal year 2023-24: increase in general government
deficit and debt that occurred during the COVID-19 pandemic has begun to
recede.
● There have been significant post-pandemic fiscal corrections at the
Union and State levels.
○ Union level: The fiscal deficit declined from 9.1(nine point one)% of
GDP in 2020-21 to 5.9(five point nine)% in 2023-24 (BE).
○ All State fiscal deficit: It was 4.1(four point one)% of GDP in 2020-
21. It declined to 3.24(three point two four)% of GDP in 2022-23
(RE).
○ For the major States(year 2023-24 (BE)):it is expected to be 2.9(two
point nine)% of GDP.

What does the sharp reduction in fiscal deficit suggest?


● We cannot have an impressionistic view of the fiscal situation of the
country, especially on the finances of States.

Fiscal health of States:


● This data becomes available only after the publication of the Reserve Bank
of India’s (RBI) Annual Study on State Finances.
● The timeline of this publication by the RBI is during the second half of the
fiscal year.

Analysis from the individual Budgets of 17 major States:


● These States are responsible for more than 90% of the combined spending
of all States.
● These States together have managed to contain their fiscal deficits.

Significance of fiscal consolidation of States:


● States in aggregate managed to be fiscally prudent despite a significant
contraction in revenues even during the peak of COVID-19.
● Emergency provision for health spending and livelihood during the
COVID-19 pandemic was not easy and required Union-State fiscal
coordination.
● States were able to reprioritise expenditure and quickly contain the fiscal
deficit.
● The reduction in fiscal deficit is a combination of expenditure-side
adjustments, improved Goods and Services Tax (GST) collection and higher
tax devolution due to buoyant central revenues.
● Non-GST revenues are also showing signs of recovery after the pandemic in
most States.
Fiscal challenges:
● Containing the revenue deficit of States: The reduction in fiscal deficit has
not been accompanied by a corresponding reduction in revenue deficit.
○ As of 2023-24 (BE): out of 17 major States, 13 States have deficits in
the revenue account.
○ Out of 13 States, fiscal deficits in seven States are primarily driven by
revenue deficits;
○ They also have large debt to GSDP ratios.
● Mere presence of a revenue deficit cannot be considered as a sign of fiscal
profligacy.
● For seven States, their specific shares of revenue deficit in fiscal deficit
for 2023-24 are: Andhra Pradesh (40.9%), Haryana (50.9%), Kerala
(60.4%), Punjab (70.7%), Rajasthan (39.7%), Tamil Nadu (40.8%), and West
Bengal (47%).
○ The all-State share of revenue deficit in fiscal deficit for the same
year is expected to be 27%.
● An assessment of successive Finance Commissions: The Twelfth Finance
Commission identified three States, i.e., Kerala, Punjab and West Bengal, as
fiscally stressed States.
○ The number of States that are now fiscally stressed has increased to
seven (measured in terms of the level of revenue deficit).

Analysis of fiscal health of these states in comparison to other states:


● The combined fiscal deficit of these States is 3.71(three point seven
one)% of GSDP when the all-State average for the same is 2.9%
● Their combined revenue deficit is 2.15(two point one five)% of GSDP,
when the all-State revenue deficit is 0.78(zero point seven eight)%
● Their combined debt ratio is higher than the Finance Commission
recommended debt ratio for all States for the year 2023-24.
● These States together contribute around 40% to India’s GDP.
● Some of these States have also been big drivers of public capital
expenditures and favored investment destinations of private investors.

Way Forward
■ Increasing revenue deficit driving the fiscal imbalance has long-run fiscal
implications and there is a need to correct this imbalance in the revenue
account.
■ Interest-free loans to the States by the Union Government, if continued,
may be linked to a reduction in revenue deficit.
○ This will help eliminate the possibility of a substitution of States’
own capital spending and also prevent the diversion of borrowed
resources to finance revenue expenditure.
■ A defined time path for revenue deficit reduction with a credible fiscal
adjustment plan would help restore fiscal balance and improve quality of
expenditure.
■ A forward-looking performance incentive grant could also be considered
for a reduction of revenue deficit.
○ Different approaches provided by earlier Finance Commissions
can be considered to decide the framework of the incentive structure.
■ Need to get the focus back on the management of revenue deficit.
○ For this, a macro view is essential.

QUESTION FOR PRACTICE


Q. Explain the difference between combusting methodology of India's Gr Domestic
Product (GDP) before the year 2015 and after the year 2015.(UPSC 2021)
(200 WORDS, 10 MARKS)
Q. Do you agree that the Indian economy has recently experienced recovery ? Give
reasons in support of your answer.(UPSC 2021)
(200 WORDS, 10 MARKS)

EDITORIAL ANALYSIS
Moving away from the ‘take-make-dispose’ model

Source: The Hindu

■ Prelims: Current events of international importance, G20, Global south, reduce-


reuse-recycle’ model, Extended Producer Responsibility (EPR) etc
■ Mains GS Paper II & III: Bilateral, regional and global grouping and agreements
involving India or affecting India’s interests.

ARTICLE HIGHLIGHTS
■ Recognising the need to switch from the ‘take-make-dispose’ to ‘reduce-
reuse-recycle’ model,
○ India has prioritized ‘Resource Efficiency and Circular Economy’ as
one of the three core themes for deliberations in the G-20 forum.

INSIGHTS ON THE ISSUE


Context
G20:
● The G20 is an informal group:19 countries and the European Union, with
representatives of the International Monetary Fund and the World Bank.
● The G20 Presidency rotates annually: according to a system that ensures a
regional balance over time.
● For the selection of the presidency: 19 countries are divided into 5 groups,
each having no more than 4 countries.
○ The presidency rotates between each group.
● Every year the G20 selects a country from another group to be president.
○ India is in Group 2 which also has Russia, South Africa, and
Turkey.
● The G20 does not have a permanent secretariat or Headquarters.

Circular Economy:
● It is often known as “circularity".
● It is an economic system that addresses issues including pollution, waste,
biodiversity loss, and climate change.
● A circular economy emphasizes the 3 R’s (Reduce, Reuse, and Recycle) as
well as material refurbishment, recovery, and repair.
● Circular economy is focused on boosting production through resource
consumption that is more effective and hence has the least negative effect on
the environment.
● Sustainability serves as the foundation for all aspects of production,
consumption, and design.
● Resource efficiency and circular economy are powerful strategies that can
effectively minimize dependence on natural resources
● It can curtail waste and encourage sustainable design practices

G20 Countries:
● Most G-20 member countries have committed to net zero ambitions and
are working to mitigate greenhouse gas emissions.
● In order to ensure growing resource consumption in an environmentally
responsible manner, there is also a need to raise the current recycling rates of
15%-25%.

Priority areas for India in the circular economy during its G-20 presidency:
● Circularity in the steel sector;
● Extended Producer Responsibility (EPR)
● Circular bioeconomy
● Establishing an industry-led resource efficiency and circular economy
industry coalition.

Circular steel sector


● The demand for steel is poised to grow especially in growing economies
such as India.
● Globally, about 7% of energy sector emission is attributed to iron and steel
production.

How to tackle steel sector emissions?


● Ensuring collaboration among the G-20 member countries for knowledge
sharing, technology co-development and technology transfer.
● The presidency document for knowledge exchange on the ‘Circular
Economy in the Steel Sector’ is a potential blueprint for a net zero pathway
for the steel industry, reducing resource utilization and minimizing wastage.

EPR framework:
● Under India’s G-20 presidency, there is an emphasis on the significance of
the EPR framework in integrating circularity throughout the value chain.
● Different countries have implemented different EPR models, it is
necessary that G-20 member-countries share best practices to accelerate the
transition to a circular economy.
● Effective implementation of EPR plays a pivotal role in promoting the
growth of the recycling infrastructure and establishing a streamlined waste
collection system.
● Centralized EPR portal:
○ With over 20,000 registered Producers, Importers, and Brand
Owners (PIBOs) and over 1,900 plastic waste processors on the
centralized EPR portal
○ India boasts one of the largest frameworks for EPR.
● India has also notified comprehensive rules for e-waste and battery waste
management.

Bio wastes:
● Since 1970, the consumption of biological resources in G-20 member
countries has risen 2.5(two point five)times.
● Biowaste such as municipal and industrial waste and agricultural residue
has become a global issue
○ It causes pollution, biodiversity loss and global warming.
● Combined with crops well-suited for degraded lands, biowaste can serve
as valuable primary raw materials and viable substitutes for mineral
resources.
● Adopting a circular bioeconomy approach will reduce the need for
extracting virgin resources and provide an effective waste disposal solution.

Steps by the government:


● The Government has been working towards the adoption of biofuels.
● The Pradhan Mantri JI-VAN Yojana provides financial support to integrated
bio-ethanol projects to set up second generation (2G) ethanol projects.
○ 2G bioethanol technology produces bioethanol from waste feedstock
such as crop residues and municipal solid waste that would otherwise
have no value.
● India has also made it mandatory for coal-burning thermal power plants
to use a 5% blend of biomass pellets along with coal.
● The Galvanizing Organic Bio-Agro Resources (GOBAR) Dhan scheme was
launched to convert cattle dung and other organic waste into compost, biogas,
and biofuels to promote sustainable agriculture and reduce pollution.
○ The scheme has helped create rural livelihoods and ensured
improved sanitation.
● The Sustainable Alternative Towards Affordable Transportation
(SATAT) Scheme(2018) to promote the use of Compressed BioGas (CBG) as
an alternative green transportation fuel.
○ It has aided the bioenergy sector by accelerating the development of
infrastructure for the production, storage and distribution of CBG.

Way Forward
■ In the collective global endeavor to ensure sustainable development and
realize the Sustainable Development Goals, decoupling resource utilization
from economic growth is going to be the key.
■ Industries are crucial in advancing resource efficiency and circular
economy practices, India has envisioned an industry coalition in these areas.
○ The coalition will aim to achieve
■ enhanced technological collaboration
■ build advanced capabilities across sectors
■ mobilize de-risked finance
■ facilitate a proactive private sector engagement.
■ Global platforms such as the G-20 play an important role in addressing
key issues and presenting solutions by adopting a collaborative approach.
■ Resource efficiency and circular economy have emerged as key
solutions in collective efforts in tackling triple planetary challenges.
■ India’s G-20 presidency has focused extensively on these approaches
which offer promising pathways towards a more sustainable and resilient
future.

QUESTION FOR PRACTICE


Q. Do you think India will meet 50 percent of its energy needs from renewable
energy by 2030? Justify your answer. How will the shift of subsidies from fossil fuels
to renewables help achieve the above objective? Explain.(UPSC 2022)
(200 WORDS, 10 MARKS)

EDITORIAL ANALYSIS
AI’s disruptive economic impact, an India check

Source: The Hindu


■ Prelims: Science and technology, Artificial intelligence(AI), Generative AI, Big
Data, GANs, ChatGPT1 tool, DALL.E2 etc
■ Mains GS Paper III and IV: Significance of technology for India, AI,
indigenisation of technology and development of new technology.
ARTICLE HIGHLIGHTS
■ The rise of Large Language Models and Generative AI has sparked more
interest in the progress of AI across the globe.

INSIGHTS ON THE ISSUE


Context
Artificial intelligence(AI):
● It is a branch of computer science dealing with the simulation of intelligent
behavior in computers.
● It describes the action of machines accomplishing tasks that have
historically required human intelligence.
● It includes technologies like machine learning, pattern recognition, big data,
neural networks, self algorithms etc.
● E.g: Facebook’s facial recognition software which identifies faces in the
photos we post, the voice recognition software that translates commands we
give to Alexa, etc are some of the examples of AI already around us.

AI innovations:
● GANs (Generative Adversarial Networks)
● LLMs (Large Language Models)
● GPT (Generative Pre-trained Transformers)
● Image Generation to experiment
● Create commercial offerings like DALL-E for image generation
● ChatGPT for text generation.
○ It can write blogs, computer code, and marketing copies and even
generate results for search queries.

Areas of use, limitations and AGI:


● AI systems are capable of exhibiting superhuman performance on
specific or “narrow” tasks.
○ Example: In chess, Go (a game several orders harder than chess)
○ In biochemistry for protein folding.
● The performance and utility of AI systems improve as the task is
narrowed, making them valuable assistants to humans.
● Speech recognition, translation, and even identifying common objects
such as photographs, are just a few tasks that AI systems tackle, even
exceeding human performance in some instances.
Limitations:
● Their performance and utility degrade on more “general” or ill-defined
tasks.
● They are weak in integrating inferences across situations based on the
common sense humans have.
● Artificial General Intelligence (AGI)
○ It refers to intelligence that is not limited or narrow.
○ There are no credible efforts towards building AGI yet.
● Common sense will make a human save his life in a life-threatening situation
while a robot may remain unmoved.

ChatGPT:
● It is a generative AI tool that uses a Large Language Model (LLM) to generate
text.
● LLMs are large artificial neural networks that ingest large amounts of
digital text to build a statistical “model”.
● Several LLMs have been built by Google, Meta, Amazon, and others.
● ChatGPT is generating flawless paragraphs that caught the world’s attention.
○ Writing could now be outsourced to it.
● “sparks of AGI” in GPT-4; AGI could emerge from a bigger LLM in the near
future.

What are the concerns?


● Ethical debates on the use of generative AI that users will have a
‘productivity-powered’ upper hand over a non-user.
● The subjects of worker replacements and economic growth with the rise
of AI have entered the spiral that the Internet once went through.

Positive effects of AI adoption(research by different institutions):


● There is broad consensus on increasing productivity by adopting AI in
producing goods and services.
● Study on“Generative AI at Work”(by MIT economists): It showed that AI
tools boosted worker productivity by 14%.
○ It improved consumer satisfaction, leading to better treatment of
customer service agents and increased employee retention.
● Experts suggest that generative AI may not replace employees, but
employees using generative AI will replace those who do not upskill.
● Survey among employees of LinkedIn’s top 50 companies in the United
States: It shows that almost 70% of them found AI helping them to be faster,
smarter, and more productive.
○ 32% were of the opinion that while AI’s current impact may be
modest, they anticipate larger gains over the next five years.
● Professor Erik Brynjolfsson(MIT): suggests that restructuring business
processes and increased investments are essential to fully leverage AI’s
productivity potential.
● Research from across the world is largely optimistic about AI’s impacts on
growth.
● A study by PricewaterhouseCoopers (PwC): It predicted an increase in
global GDP by 14% or $15.7(fifteen point seven) trillion by 2030 due to
ongoing technological advancements in AI.
● Report from Goldman Sachs Research(April 2023): It said that generative
AI alone could raise global GDP by 7% or almost $7 trillion over a 10-year
period.
○ It highlights generative AI’s potential to create human-like output.
○ Its ability to break down communication barriers between humans
and machines could have large positive macroeconomic effects.
● The Forum for Kent A. Clark Center for Global Markets: It surveyed and
published the views of U.S. and European economic experts on the impact of
AI on the per capita income of the U.S. and western Europe.
○ 44% of the U.S. experts agreed to an expected substantial increase,
whereas 46% said the effects were uncertain.
○ 34% of European experts expected a substantial increase in GDP per
capita, while 42% were uncertain about the effects of AI.
○ Only 2% of experts believed that AI would not significantly impact
per capita GDP;
○ Ban on generative AI chatbots:
■ 62% of the European experts agreed that a ban could hinder
innovation, 14% were uncertain, and only 2% disagreed.

Negative impacts of AI technologies(Research and analysis):


● Labour replacement that AI technologies bring to the table.
○ AI can automate repetitive tasks and with generative AI, even
creative tasks can be done efficiently and fast.
● A research paper titled “Robots and Jobs(Evidence from US Labor
Markets” MIT and Boston University): It found that robot adoption has a
negative effect on workers.
○ On average it reduces the labour share, employment and wages.
○ It primarily affect blue-collar workers and individuals with lower
levels of education.
● In “Tasks, Automation, and the Rise in U.S. Wage Inequality”: Between
50% and 70% of changes in the U.S. wage structure over the last four
decades can be attributed to relative wage declines of worker groups
specialized in routine tasks in industries experiencing rapid automation.
● Acemoglu argues that automation reduces labour share and wages,
especially when productivity gains from automation are small.
○ His other studies highlight distributional concerns over automation.
○ Causing inequality among workers and possible serious negative
impacts on social welfare.
● A European Parliamentary Research Service report: It cites McKinsey
Global Institute’s research that suggests that AI may intensify competition
and deepen the technological divide among firms.
● The Guardian: It puts forward the idea that AI could be highly disruptive as
it is more likely to displace middle-class, white-collared jobs
○ Earlier technological advancements displaced people from lower-
paid farm jobs to higher-paid factory floor jobs.
● Analysis by Goldman Sachs has suggested that 15%-35% of work in the
U.S. economy is exposed to automation.
○ It puts out numbers to show how this may not adversely affect the
labour market.

Opportunities for India


● Increased efficiency by the adoption of AI in call centers and software
industries does not bode well for millions of Indians who work in the field.
● Regulation on the use of AI is not a bright solution as this would just drive
investments and new opportunities away.
● The PwC report suggests that the greatest economic gains from AI will come
from China, with a projected 26% boost to GDP by 2030.
○ It would be prudent for India to focus more on education and
training in AI
○ It could be easier now with online education having larger
acceptance after the COVID-19 pandemic
● India can take advantage of the demographic dividend and new
opportunities that emanate from AI.

Ethical Issues with AI:

Way Forward
■ India, being the most populous country, should be on the lookout as any
net negative effect on employment can adversely impact the economy.
■ AI has seeped into every aspect of the global economy, and its effect on
productivity and growth is being seen in an optimistic way.
■ Governments would have to step up their cyber regulations with respect
to the new challenges posed by AI and may also need tax capital, as suggested
by many experts, to balance the returns from capital and labour to reduce the
displacement and distributional effects.
■ Ever-growing advancements in AI are now a reality and equipping
ourselves with the latest tools will help us forge ahead along with everyone
else.

QUESTION FOR PRACTICE


Q. What are the different elements of cyber security ? Keeping in view the
challenges in cyber security, examine the extent to which India has successfully
developed a comprehensive National Cyber Security Strategy.(UPSC 2022)
(200 WORDS, 10 MARKS)

EDITORIAL ANALYSIS
A push for GM mustard disregarding science, the law

Source: The Hindu

■ Prelims: Current events of national importance, GM crops, DMH-11, Bt cotton,


GEAC etc
■ Mains GS Paper III: Science and technology- development and applications in
everyday life, Biotechnology and issues related to it.

ARTICLE HIGHLIGHTS
■ The battle of environmentalists in the Supreme Court against Delhi
University’s genetically modified (GM) herbicide-tolerant (HT) mustard
stands between GM food and Indian farmers and consumers.
■ Government has decided to release India’s first genetically-modified (GM)
food crop — Dhara Mustard Hybrid-11 (DMH-11) for environmental
release.
INSIGHTS ON THE ISSUE
Context
GM Crops:
● GM foods are derived from plants whose genes are artificially modified.
● By inserting genetic material from another organism, in order to give it a
new property, such as:
○ Increased yield
○ Tolerance to a herbicide
○ Resistance to disease or drought
○ Improve its nutritional value.
● GM rice(golden rice): Golden rice involves the insertion of genes from a
plant -- both daffodils and maize have been used -- and a soil bacterium to
create a grain that is enriched with Vitamin A.
● Bt cotton: India has approved commercial cultivation of only one GM crop,
Bt cotton.
● Genetic Engineering Appraisal Committee (GEAC): All GM crops in India
require approval from the Genetic Engineering Appraisal Committee (GEAC)
for use in commercial production.

Benefits of GM-crops:
Risks associated with GM crops:

Government’s stand in court:


● It has argued that GM mustard should not be considered HT at all.
○ The objective for developing it was to improve yields.
○ A crop that can withstand herbicides is an HT crop.
● As per science of biotechnology and ecology, there is no doubt that GM
mustard is an HT crop.

GM Crops vs other crops:


● GM crops are different from conventional varieties and hybrids, such as
those developed by farmers, agricultural research institutions and companies.
● Biotechnologists insert select genes at a random location in the DNA of a
plant to develop a GM crop.
● The insertion makes a GM crop express traits that it ordinarily would not.
● GM mustard has been altered to withstand the broad-spectrum herbicide
glufosinate.
● The farmers growing GM mustard can spray the herbicide to kill all plants
except the mustard.

GM crops in India:
● India has seen a robust debate on GM crops in the last two decades.
● Bt cotton, the first and only GM crop approved in the country.
● Long-term research suggests that Bt cotton has provided only fleeting
benefits to farmers, while enormously increasing their costs of cultivation and
risk.
● Some seed companies have profited from the expensive GM seeds.

Steps taken:
● Two Standing Committees of the Parliament independently and
comprehensively examined GM crops and food.
● The Supreme Court also appointed a Technical Expert Committee (TEC)
in the public interest litigations filed separately by the NGO Gene Campaign
and the environmentalist, Aruna Rodrigues.

Committees for GM food by Parliament:


● Standing Committee on Agriculture in 2012
● Standing Committee on Science and Technology, Environment and Forests in
2017
● Both committees included Members of Parliament from the ruling and
Opposition parties.

Report by committees:
● The two committees unanimously highlighted major weaknesses in the
regulatory system.
● They called for utmost caution before releasing GM food.
● The Committee on Science and Technology, Environment and Forests
made a specific reference to GM mustard.
○ It asked the government to conduct a thorough, independent, and
transparent assessment of long-term biosafety, environmental risk
and socio-economic impacts.
● Five of the six TEC members pointed to grave deficiencies in the safety
assessment of GM crops in their report that was released in 2013.
○ They found HT crops “completely unsuitable in the Indian context.
○ They warned of serious harm to the environment, rural livelihoods
and sustainable agriculture if they were released..

Way Forward
■ The government needs to approach the issue of HT crops transparently
and robustly with an emphasis on precaution.
■ The government is pushing ahead with GM mustard with reckless
disregard for both science and the law.
○ For instance, it has not placed the full biosafety dossier of GM
mustard in the public domain, despite the provisions of the RTI and a
declaration to this by the Genetic Engineering Appraisal Committee.
■ Government is not adequately responding to criticisms from
agricultural scientists that already available non-GM mustard hybrids have
better yields than GM mustard.
■ If the Supreme Court allows GM mustard to go through, it will likely pave
the way for the release of other HT crops such as cotton, rice, and maize.
○ The future of farming and India’s food culture and heritage hangs in
the balance.

QUESTION FOR PRACTICE


Q. What are the present challenges before crop diversification? How do emerging
technologies provide an opportunity for crop diversification ?(UPSC 2021)
(200 WORDS, 10 MARKS)

EDITORIAL ANALYSIS
India’s data protection law needs refinement

Source: The Hindu


Prelims: Personal Data Protection Bill, Justice B N Srikrishna, Convention on the
Rights of the Child, 1989, Protection of Child Rights Act, 2005 etc
Mains GS Paper II and III: Government policies and interventions for development
of various sectors and issues arising out of them etc
ARTICLE HIGHLIGHTS
■ The European Union’s (EU) data protection law, i.eThe General Data
Protection Regulation (GDPR)came into force in the middle of 2018 and
achieved widespread popularity, the most comprehensive data privacy law
in the world.
■ India released The Digital Personal Data Protection (DPDP) Bill, 2022.

INSIGHTS ON THE ISSUE


Context
Background of data privacy law:
● Started in 2010 with the constitution of the Justice Srikrishna Committee.

Justice BN Srikrishna Committee Data Protection Report:


● The Committee was constituted by the union government in July 2017, to
deliberate on a data protection framework.
● The Supreme Court in its Puttaswamy judgment, 2017: It declared privacy
a fundamental right.
● Interests of citizens: The report has emphasized that interests of the citizens
and the responsibilities of the state have to be protected, but not at the cost of
trade and industry.
● It proposed a draft Personal Data Protection Bill.

New Data Protection Bill:


● Inclusion of the word “digital” in the Bill’s title speaks to India’s long
standing goal of being a digitally forward society.
● Bill has two major stakeholders:
○ Data Principal
○ Data Fiduciary.
● Data Principal: It refers to the subject whose data is being processed
● Data Fiduciary: It is an entity that processes this data.
● fiduciary” whilst referring to a data processor is significant.
● The relationship between the two is guided by:
○ trust, assurance and good faith.
● Data Fiduciary: It is responsible for safeguarding the interests of Data
Principals.
● Bill describes:
○ the obligations of the Data Fiduciaries towards Data Principals
○ the rights and duties of the latter
○ regulatory framework through which data will be processed.
● Bill lists the “duties” of the Data Principals: these have no bearing on the
realization of the rights provided by the Bill.

Important aspects of bill:


● In addition to the general obligations to prevent the misuse of the personal
data of individuals
○ The Bill has outlined a category of Significant Data Fiduciaries
entities: that are required to comply with additional measures to
safeguard the personal data of individuals.
○ Only companies that process vast amounts of data or have a
potential impact on the country’s sovereignty and integrity need to
take such stringent measures.
○ Such measures reduce the compliance cost of companies that are at a
nascent stage.
● Data localisation” in the previous versions of the Bill, have been
omitted: The reworked Bill permits the government to notify countries to
which data transfers may be permitted.

Issues around data use:


● The draft released for public comments is not as comprehensive as its
previous versions
○ Government may present a Bill that is largely similar.
○ Critical gaps remain in the DPDP Bill that would affect its
implementation and overall success.
● DPDP Bill only protects personal data, that is any data that has the potential
to directly or indirectly identify an individual.
○ In the modern data economy, entities use various types of data,
including both personal and non-personal data to target, profile,
predict, and monitor users.
○ Non-personal data is typically anonymous data that does not relate to
a particular individual
■ For example: aggregate data on products which numerous
users look at between 9pm and 11pm on Amazon).
● Non-personal data when combined with other datasets can help identify
individuals, and in this way become personal data, impacting user privacy.
○ Example: Anonymous datasets about individual Uber rides in New
Delhi can be combined with prayer timings to identify members who
belong to a certain community, which could include their home
addresses
● The process of re-identification of non-personal data poses significant
risks to privacy.
○ Such risks were accounted for in previous versions of India’s draft
data protection Bill
○ By not recognising these risks, the DPDP Bill is very limited in its
scope and effect in providing meaningful privacy to Indians.
● Inability of the proposed data protection board to initiate a proceeding of
its own accord.
○ Under the Bill, the board is the authority that is entrusted with
enforcing the law.
○ The board can only institute a proceeding for adjudication if
someone affected makes a complaint to it, or the government or a court
directs it to do so.
○ Only exception to this rule is when the board can take action on its
own to enforce certain duties listed by the Bill for users.
○ This is for the adjudication of disputes between the law and users.
○ For example: obligation on users not to register a false or frivolous
complaint with the board, and not between users and data-processing
entities.

Way Forward
■ A simple and effective solution would be to add a penal provision in the Bill
that provides for financial penalties on data-processing entities for the re-
identification of non-personal data into personal data.
■ In the data economy, users have diminished control and limited knowledge
of data transfers and exchanges.
■ Due to the ever-evolving and complex nature of data processing, users
will always be a step behind entities which make use of their data.
○ For example, a food delivery app can take all my data and sell it to
data brokers in violation of my contractual relationship with them.
■ The Competition Commission of India, which is responsible for the
enforcement of India’s antitrust law, has the power to initiate inquiries on its
own (and utilizes it frequently).
○ A simple way to do this would be to have a provision in the DPDP
Bill that allows the data protection board to initiate complaints on its
own.
■ There are not the only gaps in the DPDP Bill, but finding solutions to them
would help address challenges in implementation in a significant way and
make for a more future-proof legislation.
■ We need to shift our approach with respect to children’s data before this
Bill is brought to Parliament.
○ To avoid the folly of treating unequals equally and blocking off
access to the Internet for teenagers these steps are needed.
■ Platforms should be mandated to undertake a risk assessment for
minors and not only perform age-verification-related corresponding
obligations

QUESTION FOR PRACTICE


Q. What is the CyberDome Project? Explain how it can be useful in controlling
internet crimes in India. (UPSC 2019) (200
WORDS, 10 MARKS)
Q. Examine the scope of Fundamental Rights in the light of the latest judgment of the
Supreme Court on Right to Privacy. (UPSC 2017)
(200 WORDS, 10 MARKS)

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