VisionIAS Monthly Current Affairs February 2024 February 2024.pdf

 Table of Contents 1. POLITY AND GOVERNANCE ________________4 3.10.6. Securities Appellate Tribunal (SAT) _________ 47 1.1. Electoral Bond Scheme ____________________ 4 3.10.7. Unified...

 Table of Contents 1. POLITY AND GOVERNANCE ________________4 3.10.6. Securities Appellate Tribunal (SAT) _________ 47 1.1. Electoral Bond Scheme ____________________ 4 3.10.7. Unified Payment Interface (UPI) ___________ 47 1.2. 75 Years of the Supreme Court of India ______ 5 3.10.8. Codex Committee on Spices and Culinary Herbs 1.2.1. Regional Benches of Supreme Court __________ 7 (CCSCH) _____________________________________ 47 3.10.9. Report on Transforming Fair Price Shops ____ 48 1.3. NALSA (National Legal Services Authority) ____ 8 3.10.10. India’s Food Grain Storage System ________ 48 1.4. Article 142 _____________________________ 10 3.10.11. Cabinet approves Additional Activities in NLM 49 1.5. Criminal Defamation ____________________ 12 3.10.12. Initiatives under PMFBY _________________ 49 1.6. Caste-based Reservation _________________ 13 3.10.13. Annual Survey of Industries (ASI) __________ 50 1.7. Epidemic Diseases Act (EDA), 1897 _________ 14 3.10.14. Sangam: Digital Twin Initiative____________ 50 1.8. News in Shorts _________________________ 16 3.10.15. Digital Creator Economy ________________ 51 1.8.1. Functioning of the 17th Lok Sabha ___________ 16 3.10.16. Input Service Distribution (ISD) ___________ 52 1.8.2. Annual NeSDA Report _____________________ 16 3.10.17. Three New Major Railway Corridors Announced 1.8.3. Prevention of Damage to Public Property _____ 17 ____________________________________________ 52 1.8.4. Portals for a ‘Modernized Media Landscape’ __ 17 3.10.18. NITI Aayog Report on LNG as a Transportation 1.8.5. Corruption Perceptions Index (CPI), 2023 _____ 17 Fuel ________________________________________ 52 1.8.6. Pandaram Lands _________________________ 18 3.10.19. Errata _______________________________ 53 1.8.7. Aadhaar Card ____________________________ 18 4. SECURITY _____________________________ 54 2. INTERNATIONAL RELATIONS ______________19 4.1. Grey-zone Warfare ______________________ 54 2.1. India’s Neighbourhood First Policy (NFP) ____ 19 4.2. News in Shorts _________________________ 55 2.2. Free Movement Regime with Myanmar _____ 20 4.2.1. US Approved Sale of 31 Predator Drones to India 2.3. India-France Relations ___________________ 22 ____________________________________________ 55 2.4. India-UAE Relationship __________________ 23 4.2.2. ABHYAS- High-speed Expendable Aerial Target 2.4.1. Bilateral Investment Treaties (BITs) __________ 25 (HEAT) ______________________________________ 56 2.5. Expansion of BRICS ______________________ 26 4.2.3. INS Sandhayak __________________________ 56 2.6. South Asia Sub Regional Economic Cooperation 4.2.4. PATRIOT Missile _________________________ 56 4.2.5. Exercises in News ________________________ 56 (SASEC) ___________________________________ 28 2.7. News in Shorts _________________________ 29 5. ENVIRONMENT ________________________ 57 2.7.1. UN Relief and Works Agency for Palestinian 5.1. Conservation of Migratory Species (CMS) ____ 57 Refugees (UNRWA) ____________________________ 29 5.2. The Water (Prevention and Control of Pollution) 2.7.2. Economic Community of West African States Amendment Act, 2024_______________________ 58 (ECOWAS) ___________________________________ 29 5.3. Definition of Forest _____________________ 60 2.7.3. The Weimar Triangle ______________________ 29 5.4. Biodiversity Heritage Site _________________ 62 2.7.4. Mission Aspides __________________________ 30 5.5. Ramsar Convention _____________________ 64 2.7.5. Henley Passport Index (HPI) ________________ 30 5.6. Status of Leopards in India ________________ 65 3. ECONOMY _____________________________31 5.6.1. Status of Snow Leopards in India ____________ 67 3.1. Economic Nationalism in India ____________ 31 5.7. Greenwashing __________________________ 68 3.2. State Government Guarantees ____________ 32 5.8. Climate and Clean Air Conference 2024 _____ 69 3.3. Insurance Sector in India _________________ 34 5.9. Methane Emissions _____________________ 71 3.4. Card Networks in India ___________________ 36 5.10. Solar Rooftop Power ___________________ 73 3.5. Smart Cities Mission (SCM) _______________ 37 5.11. Climate Resilient Farming _______________ 74 3.6. Prime Minister Mega Integrated Textile Region 5.12. Indian Gharial _________________________ 76 and Apparel (PM MITRA) Parks Scheme_________ 39 5.13. Triple dip La-Nina ______________________ 77 3.7. Pradhan Mantri Matsya Kisan Samridhi Sah- 5.14. Crowd Disaster Management ____________ 79 Yojana ___________________________________ 41 5.15. News in Shorts ________________________ 81 3.8. Fertilizers Sector in India _________________ 42 5.15.1. NITI Aayog Launches GROW Report and Portal 81 3.9. FDI in Space Sector ______________________ 43 5.15.2. Terai Arc Landscape (TAL) ________________ 81 3.10. News in Shorts ________________________ 45 5.15.3. Global Environment Facility (GEF) Council Meeting 3.10.1. Higher Financial Limits for NS and NIS _______ 45 ____________________________________________ 82 3.10.2. Rashtriya Udyamita Vikas Pariyojana (RUVP) _ 45 5.15.4. Species Threat Abatement and Restoration (STAR) 3.10.3. StartupShala ___________________________ 45 Metric ______________________________________ 82 3.10.4. Ease of Doing Business Reforms ____________ 46 5.15.5. Conservation Reserve ____________________ 83 3.10.5. Report on Framework for Insolvency Mediation 5.15.6. Energy Charter Treaty ___________________ 83 ____________________________________________ 46 5.15.7. Brumation _____________________________ 83 1 www.visionias.in ©Vision IAS  5.15.8. White Rhinos ___________________________ 83 7.6.3. INSAT-3DS Weather Forecasting Satellite ____ 105 5.15.9. Indian Skimmers ________________________ 84 7.6.4. Cartosat-2 _____________________________ 106 5.15.10. Neem Tree (Azadirachta indica A. Juss) _____ 84 7.6.5. Water Discovered on Asteroids ____________ 106 5.15.11. Hyperlocal Weather Forecasting __________ 84 7.6.6. Plankton, Aerosol, Climate, ocean Ecosystem 5.15.12. Flood Management and Border Areas (PACE) _____________________________________ 106 Programme (FMBAP)___________________________ 85 7.6.7. YUva VIgyani KAryakram (YUVIKA) _________ 106 5.15.13. Atmospheric River ______________________ 85 7.6.8. WHO Awards Countries For Eliminating Trans-Fat 5.15.14. Atlantic Meridional Overturning Circulation ___________________________________________ 107 (AMOC) _____________________________________ 85 7.6.9. WHO Launched Global Initiative on Digital Health 5.15.15. Rip Currents ___________________________ 86 (GIDH) _____________________________________ 107 6. SOCIAL ISSUES _________________________87 7.6.10. Sampling of Drugs, Cosmetics & Medical Devices 6.1. Senior Care Reforms in India ______________ 87 ___________________________________________ 108 6.2. Menstrual Leave Policy __________________ 89 7.6.11. Guinea Worm Disease (GWD) ____________ 108 7.6.12. Rhodamine-B _________________________ 108 6.3. Surrogacy (Regulation) Amendment Rules, 2024 7.6.13. Kala Azar _____________________________ 108 _________________________________________ 90 7.6.14. Maglev (Magnetic levitation) _____________ 109 6.4. National AYUSH Mission _________________ 92 7.6.15. C-bot ________________________________ 109 6.5. All India Survey on Higher Education (AISHE) 7.16.16. Errata ______________________________ 109 2021-2022 ________________________________ 93 8. CULTURE ____________________________ 110 6.6. Alliance for Global Good- Gender Equity and 8.1. Maa Kamakhya Access Corridor __________ 110 Equality __________________________________ 95 8.2. Maratha Military Landscapes ____________ 111 6.7. News in Shorts _________________________ 96 8.3. Bharat Ratna __________________________ 113 6.7.1. Adoption _______________________________ 96 8.4. Rani Chennamma ______________________ 115 6.7.2. GHAR PORTAL ___________________________ 96 8.5. Maharshi Dayanand Saraswati ___________ 116 6.7.3. Ministry of Education (MoE) - AICTE Investor Network _____________________________________ 96 8.6. News in Shorts ________________________ 117 6.7.4. Support to Students for Participating in 8.6.1. Paruveta Utsavam ______________________ 117 Competitions Abroad (SSPCA) ___________________ 97 8.6.2. Hori Habba ____________________________ 117 6.7.5. Digital Detox ____________________________ 97 6.6.4. Kutia Kondh Tribe _______________________ 117 8.6.5. Grantham Inscriptions ___________________ 118 7. SCIENCE AND TECHNOLOGY ______________98 8.6.6. Jnanpith Award _________________________ 118 7.1. Critical Tech Sectors _____________________ 98 9. ETHICS ______________________________ 119 7.2. Brain-computer Interface (BCI) ____________ 99 9.1. Use of Unfair Means (Cheating) in Public 7.3. Electronic Ink (E-Ink) ___________________ 101 Examination ______________________________ 119 7.4. Satyendra Nath Bose ___________________ 102 9.2. AI and Creativity _______________________ 121 7.5. Streamlining Food Regulations in India _____ 103 10. SCHEMES IN NEWS ___________________ 122 7.6. News in Shorts ________________________ 104 7.6.1. Proton Improvement Plan (PIP-II) project ____ 104 10.1. Antyodaya Anna Yojana (AAY)___________ 122 7.6.2. LASER Cooling of Positronium _____________ 105 Copyright © by Vision IAS All rights are reserved. No part of this document may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior permission of Vision 2 IAS. www.visionias.in ©Vision IAS 3 www.visionias.in ©Vision IAS 1. POLITY AND GOVERNANCE 1.1. ELECTORAL BOND SCHEME Why in the news? Supreme Court in the Association for Democratic Reforms & Anr. v. Union of India (UoI) & Ors., unanimously struck down the Electoral Bonds (EB) Scheme. Electoral Bond Scheme (EBS) Electoral bond means a bond issued in the nature of promissory note which shall be a bearer banking instrument and shall not carry the name of the buyer or payee. Features of Electoral Bonds o Issued to the Purchaser on a non-refundable basis. o Could be purchased by a A citizen of India or a body incorporated in India will be eligible to purchase the bond, from authorised branches of the State Bank of India (SBI). o Could be used for donating only to the registered political parties which secured not less than 1% of votes polled in the last general election to the Lok Sabha or a Legislative Assembly. The rationale of the scheme was to enhance transparency in electoral funding since electoral bond transactions can only be made through legitimate banking channels. Each EB had a unique alphanumeric number visible under ultraviolet rays. Highlights of the judgement Key question SC verdict Whether the non-disclosure of information Electoral Bond Scheme, by anonymising contributions, violates the right to on voluntary contributions to political information traceable to Article19(1)(a) and thus, is unconstitutional. parties is violative of the right to Accordingly, amendments made by the Finance Act, 2017 to the Income Tax information? (IT) Act 1961, the Representation of Peoples Act 1951, and the Companies Act 2013, to allow donations through Electoral Bonds have been held to be unconstitutional. Whether unlimited corporate funding to Amendment to Companies Act permitting unlimited corporate contributions political parties as envisaged by the to political parties is arbitrary and violative of Article 14. amendment to the Companies Act violates The court emphasised the amendment's authorisation of unrestrained the principles of free and fair elections? corporate influence in elections, which contravenes the principles of free and fair elections and political equality. Other Key highlight of the judgement The court issued the following directions: o The issuing bank shall stop the issuance of electoral bonds. o Directed SBI (State Bank of India) to submit to the ECI (Election Commission of India) the following information (within three weeks of judgment), ✓ Details of electoral bonds purchased since the court’s interim order (April 12, 2019), with details like date of purchase, name of purchaser and denomination of electoral bond purchased. ✓ Details of political parties which have received contributions through Electoral Bonds since the interim order, with details like encashment date and denomination of Electoral Bond. o Directed ECI to publish the information shared by the SBI on its official website within one week of the receipt of the information. o Valid Electoral Bonds which are not encashed must be returned to the issuing bank, which would refund the amount to the purchaser’s account. EBS not proportionally justified to curb black money: Relying on the Proportionality test, the court held that the government did not adopt the least restrictive method to achieve balance in the rights of informational privacy and the right to information of political contributions. 4 www.visionias.in ©Vision IAS  Right to privacy of political affiliations: It only extends to contributions made as a genuine form of political support, the disclosure of which may curb various forms of political expression and association. o It does not extend to contributions which may be made to influence policies. Change in Political Funding in India with Finance Act 2017 Subject Before Finance Act 2017 After Finance Act 2017 (Laws amended by Finance Act 2017) Corporate Political contributions by a company in Omitted the cap on corporate funding to political Contributions financial year (FY) shall not exceed 7.5% of parties. (Section 182 of the its average net profits during the 3 Allowed any company incorporated or Companies Act 2013) preceding FYs. established in India to contribute via Electoral Required companies to disclose political Bonds. contributions in its profit and loss account Only required disclosure of the total amount of along with particulars of the total amount political contribution and not the particulars of and of name of the party. the amount contributed to each political party. Curbing black money Political party to maintain a record of Political parties not required to maintain a (Section 13A to the IT voluntary contributions in excess of Rs. record of contributions from electoral bonds. Act,1961) 20,000 along with the name and address of Donation in excess of Rs. 2000 must be received the contributor. only by a cheque, bank draft, electronic clearing Cash mode for political donations allowed system or through electoral bond. for individuals. Transparency Political parties to report on all Parties will not have to submit records of (Section 29C of the RP contributions above Rs 20,000 to the ECI. electoral bonds received to the ECI. Act,1951) 1.2. 75 YEARS OF THE SUPREME COURT OF INDIA Why in the News? Recently, the Prime minister inaugurated the Diamond Jubilee celebration of the Supreme Court of India on 28th January at the Supreme Court auditorium in Delhi. More in News On the occasion, PM Launched multiple technology initiatives for the Supreme Court. o Digital Supreme Court Reports: It will make Supreme Court judgments available to the citizens of the country free of cost and in electronic format. o Digital Courts 2.0: Application is a recent initiative under the e- Courts project to make court records available to the Judges of the district courts in electronic form. ✓ The e-court mission, launched in 2013, aims to modernize India's court system by making it digital and improving access to justice. o New website of Supreme Court: The new website will be in bilingual format in English and Hindi and has been redesigned with a user- friendly interface. 5 www.visionias.in ©Vision IAS  A glance at relations between judiciary and executive Article 50 in Part IV: The State shall take steps to separate the judiciary from the executive in the public services of the State. o However, since the inception of the constitution, these two branches have witnessed a conflict due to their encroachment upon one another. 1947-1964 o Confrontation began on issues of the right to Property. o Kameshwar Singh vs State of Bihar - The government brought the 1st constitutional amendment Act and inserted the 9th schedule. o Political class asserted its supremacy through amendments. 1965-1993 o Due to frequent amendments to the Constitution, the Supreme Court had to assert its position. o Golaknath Case, Kesavananda Bharati case, etc established the dominance of SC. o However, the government responded with CAA 24th and 25th which restricted SC power. o ADM Jabalpur Case, and Minerva Mills case (1980), again asserted the position of SC. 1993-2018: o Three judges’ cases empowered SC in the appointment of Judges. o National Judicial Appointments Commission (NJAC) legislation was brought by the government but struck down by the SC. About Supreme Court According to Article 124(1) of the Indian Constitution, the Supreme Court of India must have a Chief Justice of India (CJI) and a maximum of seven additional justices unless Parliament specifies a higher number through a statute. o Currently, the Supreme Court comprises the Chief Justice and 33 other Judges. Constitutional Provisions: The Supreme Court's powers and jurisdiction are outlined in Articles 124 to 147 of the Indian Constitution. Key Features of the Supreme Court of India Highest Court of Appeal: The Supreme Court is the highest appeal court is also known as the apex court of India and even the last resort, where the citizens of India can seek justice if they are not satisfied with the judgment of the High Court. Advisory Jurisdiction: As per Article 143 of the Constitution, the SC can advise the President of India that is related to the question of law, and the nature of the matter is associated with public importance. Adjudicate Federal Disputes: The Court resolves disputes between the Union and the states and between different states (Article 131). Judicial Review: The Supreme Court reviews laws and actions of the executive to ensure they comply with the Constitution. Protection of Fundamental Rights: The Court protects the fundamental rights of citizens by issuing writs and orders (Article 32). Public Interest Litigation (PIL): The Court can take up cases on its own or on behalf of the public interest. In some matters, the Supreme Court also acts on its own and can pass suo moto. Challenges Faced by Supreme Court Massive Case Backlog: As of 2023, there were over 80,439 cases pending in the Supreme Court alone. Judicial Activism vs. Judicial Restraint: This debate revolves around the appropriate role of the judiciary in policy- making and governance. Uncle Judge Syndrome: The Law Commission of India's 230th Report highlighted a concern about potential favouritism in the appointment of judges to the High Court and Supreme Court, impacting the impartiality and fairness of the judicial system. Judicial-Executive Conflict: The judiciary and executive have faced rising conflicts, marked by delays in judicial appointments, the Tribunalisation of justice, and public criticism of the executive during COVID-19. Public Perception and Trust: There have been concerns about the public perception of the judiciary, including issues related to transparency, accountability, and judicial independence. 6 www.visionias.in ©Vision IAS Way Forward Case Management and Technology: Implementing case management systems and leveraging technology for e-filing, video conferencing, and virtual hearings can help reduce case backlog and improve efficiency. Judicial Reforms: Implementing judicial reforms, such as increasing the number of judges, improving infrastructure, and filling up vacancies promptly, can help address the backlog and ensure timely justice delivery. Enhancing Transparency and Accountability: Transparency in the appointment of judges and making judgments more accessible to the public can help improve public trust in the judiciary Strengthening Judicial Independence: Ensuring that the judiciary is free from undue influence and interference from the executive or other branches of government can help maintain the integrity of the judicial system. 1.2.1. REGIONAL BENCHES OF SUPREME COURT Why in the news? Recently, the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice informed the Parliament about the government’s acceptance of its recommendation to establish regional benches of the Supreme Court (SC). Law Commission’s recommendations on regional benches of SC More on the news 95th Report of Law Commission (1984): SC should consist of two The recommendations were made in the 133rd Divisions, namely, Constitutional Division and Legal Division. report of the Parliamentary Standing 125th Report of Law Commission (1988): Reiterated the Committee titled, ‘Judicial Processes and Their recommendations made 95th Report, for splitting the Supreme Reform’. Court into two: SC of India may invoke Article 130 of the o Constitutional Court at Delhi o Court of Appeal or Federal Court sitting in North, South, East, Constitution for establishing its regional West and Central India benches at four or five locations in the Country. 229th Report of Law Commission (2009): Recommended setting o As per Article 130 of the Constitution of up, India, the Supreme Court shall sit in Delhi or o Constitution Bench at Delhi such other place or places, as the Chief o Four Cassation Benches in the Northern region at Delhi, the Justice of India, may, with the approval of Southern region at Chennai/Hyderabad, the Eastern region at the President, from time to time, appoint. Kolkata and the Western region at Mumbai. The interpretation of Constitution and Constitutional matters may be dealt at Delhi and the regional benches may decide appellate matters. The appellate benches’ decisions should be treated as final, and it should not be treated as another layer of the judiciary. Need of Regional benches of SC Access to justice: Regional benches of SC would take justice to the near to common citizen thereby upholding access to justice which is a fundamental right under Articles 14 and 21. o Article 39A of the Constitution provides that ‘The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.’ Reduce geographical bias: Delhi-centric Supreme Court causes a big hurdle for litigants coming from far-flung areas of the country. E.g. language barrier, issues in finding lawyers, the high cost of travel and stay in Delhi etc. Reduce the burden of SC: Regional benches can be the solution to the overflowing caseload of the judiciary and reduce the litigation cost to the common man. Capacity Enhancement: Permanent Regional Benches of SC would lead to an increase in the number of Judges in SC thereby increasing the Judge to Population ratio. Challenges in the creation of regional benches Opposition from SC: The Supreme Court has been consistently rejecting the proposal for setting up the Benches of the Supreme Court at a place outside Delhi. 7 www.visionias.in ©Vision IAS  Affect the unitary character of the SC: Multiple regional benches could lead to more divergent views within SC which may become difficult to resolve entailing time and expenditure of litigants. Conflicting precedents: Regional benches may lead to the rise of conflicting precedents resulting in increased litigation. Might reduce the position of SC: Regional benches of SC, deciding only appellate matters would reduce the position of SC. Classification of the case: Identifying and categorizing a case as being of constitutional significance poses a challenging task. o The Chief Justice of India may have exclusive power to determine which case is to be classified as a case of Constitutional importance. Way Forward Promote Hybrid/Virtual hearing: Virtual court may help speedy disposal of cases, reduce litigation costs and address the geographical barriers in access to justice. Learning from the system prevalent in other countries: E.g. France which implements a system comprising a separate court of appeal and courts of cassation. Constitutional amendment for separate court: The government may explore the possibility of a constitutional amendment to separate the functions of the Supreme Court into constitutional and appellate. Facilitate Judicial Reforms: E.g. Enhancement of the number of judicial staff and judges, improve judicial infrastructure, promote judicial accountability etc. to improve the efficiency of the judiciary at all levels. 1.3. NALSA (NATIONAL LEGAL SERVICES AUTHORITY) Why in News? Parliamentary Standing Committee submitted its Report on “Review of the working of Legal aid under the Legal Services Authorities Act, 1987” What is NALSA? NALSA, or the National Legal Services Authority, is an apex organization established under the Legal Services Authorities Act, 1987. It oversees the implementation of legal aid policies and programs and monitors legal aid activities across India. The core principle of NALSA in India is to ensure that the impoverished and underprivileged have access to justice through the provision of free legal services. The legal aid under it is applicable to Courts, tribunals, and other bodies with judicial or quasi-judicial powers. It also promotes Settlement of Disputes through Alternate Dispute Resolution (ADR) Mechanisms. Central Government allocates annual funds to NALSA, distributed to State and District Legal Services Authorities. o State Governments cover state-level expenses, including salaries. The weaker sections covered under Section 12 of the law include: o Women and Children 8 www.visionias.in ©Vision IAS  o Members of Scheduled caste or Scheduled Tribes o Industrial Workmen o Persons with Disability o Persons in Custody o Victims of Human trafficking o Victims of Natural Disasters, Ethnic/caste violence, industrial Disaster o Persons with an annual income of less than Rs 1,00,000/- Or as notified by the Central/State Governments NALSA grants authority to oversee legal aid initiatives to: o Legal Services Authority at National/State/District Level o Taluka/Sub divisional Legal Services Committee o High court and Supreme Court Legal Services Committees Functions of NALSA Legal Aid and Assistance: It includes advocate representation, process fee payments, document preparation, including drafting and translation, and provision of certified copies of legal documents in proceedings. Participation in PILs litigation for social justice on behalf of the marginalized under Section 4(d) of the Legal Services Authorities Act o The protection of fundamental rights of the abandoned and destitute women/widows in Vrindavan. Ex: The NALSA vs. Union of India (2014) recognizes transgenders to be the third gender. Lok Adalats and Mediation: Aimed at resolving legal disputes expeditiously and amicably, thereby reducing the burden on the formal judicial system. Legal Awareness: To promotes legal literacy through various means, including seminars, pamphlet distribution, television and radio appearances, internships for law students, and Legal Aid Clinics in colleges etc. Constitutional Provisions related to Free Legal Aid Victim Compensation: Through schemes like Article 39A: Mandates the State to ensure justice with equal “Compensation Scheme for Women opportunity, including free legal aid provision. Victims/Survivors of Sexual Assault/other Crimes” Article 14: Guarantees equality before the law for all individuals NALSA aims to provide compensation and support within India's territory. Article 22(1): Provides protection to individuals arrested or to women who are victims or survivors of sexual detained, ensuring their right to legal consultation and assault or other crimes. representation. Issues identified in report and Key recommendations Issues Recommendations/Observations Lack of Awareness and Legal Education: India Justice Execute mass media campaigns for legal aid awareness Report 2019 despite over 80% eligibility, only 15 million NALSA should prioritize assisting vulnerable sections, have used legal aid since 1995 particularly undertrial prisoners, and study cases of prolonged detention and bail challenges. Budgetary Constraints and Allocations: India's legal aid Increase Grant-in-aid to NALSA substantially to bridge justice spend is 0.75 paise per capita annually for year 2017- gap. 18 as per India Justice Report, 2019 9 www.visionias.in ©Vision IAS  Role of Lawyers and Compensation: Lawyers refrain Ensure Fair Compensation from pro bono due to fee caps; receive nominal Mandate lawyers to engage in annual pro bono work. honorarium ranging from 1,500 to 7,500 rupees. Senior Advocate Panels for pro bono services in District Judiciary, High Courts, and Supreme Court. Merit Certificates to Recognize lawyers' pro bono contributions for judicial career advancement. Challenges faced by Lok Adalats: Limited powers and To Revise powers and procedures of Lok Adalats and equip procedural constraints, inability to compel parties to them with modern technology, adequate resources, and appear causing delays and Insufficient infrastructure training to streamline processes and minimize delays. and resources. Under-utilisation of Para-Legal Volunteers (PLVs) Train PLVs comprehensively, provide resources, and fair compensation. Conduct awareness campaigns and appreciate PLVs' contributions to enhance motivation. Shortage of staff and unfilled vacancies: As of Fill vacant positions promptly and consistently to prevent December, 2022, NALSA operated with only 20 staff accumulation of unfilled vacancies. members out of its sanctioned 34 positions. Government Initiatives for legal aid "Designing Innovative Solutions for Holistic Access to Justice in India (DISHA)” Nyaya Bandhu Platform: Facilitate connection between Pro Bono Advocates and registered beneficiaries, encouraging Pro Bono culture among law students, advocates, and law schools. Tele-Law Service: Connect beneficiaries with lawyers via tele/video conferencing, available in 2.5 lakh Gram Panchayats across 766 districts. Legal Aid Defence Counsel System (LADCS): Initiated by NALSA, ensures efficient legal aid in criminal cases by engaging full- time lawyers across 676 districts nationwide, mirroring public defender systems in developed countries. Nyaya Mitra programme: Facilitate disposal of 15-year-old pending cases at the district level through its Nyaya Mitra programme and to empower citizens through Pan India legal literacy and legal awareness programme. 1.4. ARTICLE 142 Why in the News? The Supreme Court recently nullified the outcome of the Chandigarh Mayor election, exercising its power under Article 142 of the Constitution to ensure "complete justice". What is Idea of Complete Justice? The "idea of complete justice" is derived from the Article 142 of the Constitution. It means to ensure justice by filling gaps in the law and overriding legal provisions when necessary. This entails interpreting and applying laws considering broader constitutional principles, societal needs, and evolving standards of justice. About Article 142 The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it. Enables the Supreme Court to exercise executive and legislative functions in specific scenarios, including issuing guidelines, directives, or orders to governmental bodies or other authorities. Permits the Supreme Court to intervene in matters concerning public interest, human rights, constitutional values, or fundamental rights, safeguarding them against any form of violation or infringement. Elevates the Supreme Court's role as the protector of the constitution and ultimate interpreter of the law, serving as a catalyst for judicial activism and innovation. Positive Impacts of Article 142: Address urgent issue with legislative vacuum: Proactive approach enables courts to provide remedies and resolutions in cases where absence of legislation can hinder the delivery of swift justice and lead to irreparable harm. 10 www.visionias.in ©Vision IAS  o In Bhanwari Devi and Ors. vs State of Rajasthan (2002), the SC provided “the Vishaka Guidelines” to address workplace sexual harassment, eventually resulting in “the Prevention of Sexual Harassment Act, 2013”. o Cleaning of Taj Mahal, Release of undertrials, and the Union Carbide case are few more examples of judicious use of article 142. Strengthen Democracy: It protects the rights of minorities and ensures that all voices are heard and respected within the democratic process. o K.S. Puttaswamy (Privacy) vs. Union of India (2017) established guidelines for safeguarding individual privacy. Provides Checks and Balances: It serves as a crucial check on government branches, preventing overreach and protecting citizens. o In 2014, the SC canceled all but four of the 218 coal block allocations deemed illegal and arbitrary. Civil rights and social justice: By addressing issues overlooked or avoided by the legislative and executive branches. o In Vineeta Sharma vs. Rakesh Sharma & Ors. (2020) SC addressed conflicting judgments on daughters' coparcenary rights under Hindu Succession Act. Promotes equality: By challenging discriminatory laws and practices, ensuring equal protection under the law irrespective of race, gender, sexual orientation, or other characteristics. o In The Secretary, Ministry of Defense vs. Babita Puniya case SC granted permanent commission to women officers in the Indian Army. Issues with of Article 142 Subjectivity in the definition: While using article 142, court has wide discretion, and this allows the possibility of its arbitrary exercise or misuse due to the absence of a standard definition for the term “complete justice”. o Defining “complete justice” is a subjective exercise that differs in its interpretation from case to case. Blurs the Lines Between Branches: Judicial activism may sometimes blur boundaries between judiciary and legislature, causing confusion in roles, leading to jurisdictional conflicts. o S.R. Bommai vs. Union of India (1994): The SC's intervention in Karnataka's political crisis with a floor test blurred judiciary-executive lines, sparking concerns of overreach. Unaccountability: Article 142 grants the judiciary, unlike the executive and legislative branches, immunity from easy scrutiny or challenge for its decisions. o The power has also been criticised on grounds of the separation of powers doctrine. Lack of Consistency: Inconsistent legal rulings under Article 142 complicate litigation planning and operations for individuals and businesses. Way Forward Addressing Arbitrariness: Judges should ensure that decisions made under Article 142 are based on relevant facts and considerations, avoiding arbitrary use of power. o While Article 142 provides a flexible approach to remedy shortcomings in legislation, it should not be misused. Defining ‘complete justice’: The ambiguity of the term ‘complete justice’ should not be exploited to justify arbitrary decisions. o Clear guidelines or principles can help mitigate misuse of power under the guise of achieving ‘complete justice’. 11 www.visionias.in ©Vision IAS  Establishing a regulatory framework: To prevent misuse of Article 142 decisions should be subject to scrutiny and accountability, ensuring that all relevant parties are heard before invoking Article 142. Referral to Constitution Bench: Referral of all cases invoking Article 142 to a Constitution Bench of at least five judges. 1.5. CRIMINAL DEFAMATION Why in the News? The Law Commission in its report No. 285 titled “The Law of Criminal Defamation” has recommended that the offence of criminal defamation should be retained in the new criminal law. About Criminal Defamation As per the Black's Law Dictionary, defamation means "The offence of injuring a person's character, fame, or reputation by false and malicious statements". Defamation is categorised into two types written of liber and oral or slander: o Libel is an untrue defamatory statement that is made in writing. Slander is an untrue defamatory statement that is spoken orally. o According to Indian Law libel and slander, both are considered to be criminal offences. Such statements are to be made in public to constitute defamation. Indian Penal Code (IPC) section 499 makes it unlawful to communicate any false information about an individual to harm their reputation and the prescribed maximum punishment is two years. o However, Section 354(2) of the 2023 Bharatiya Nyaya Sanhita Act states: “Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both or with community service.” The Supreme Court of India in Subramanian Swamy v. Union of India (2016) upheld criminal defamation, balancing free speech and the right to protect reputation. Law commission highlighted that reputation is an important facet of Article 21 of the Constitution, which "cannot be allowed to be jeopardised just because an individual has to enjoy his freedom of speech" at the expense of hurting the sentiment of another. o Article 19 (2) enumerates grounds on which restrictions on the freedom of speech and expression can be imposed, one of which is defamation. According to data published by UNESCO, 160 countries in the world criminalize defamation. Arguments for Retaining the Law of Criminal Defamation Arguments against Retaining the Law of Criminal Defamation Stronger Deterrent: Compared to possible monetary damages in civil Violates freedom of speech: Criminal lawsuits, criminal punishment, such as fines or imprisonment, has a defamation rules could unintentionally violate greater deterrent effect against intentional and destructive defamation. people's fundamental right to freedom of Public interest in Protection Reputation: Criminal prosecution conveys speech and expression 19(1)(a) since people a message stating that such injury is not acceptable and acknowledges may be afraid of facing legal consequences for the public interest in the protection of reputation. publicly expressing their thoughts. Protections of Vulnerable Groups: It can provide important safeguards To silence dissent: It has the potential to be against discrimination and hate speech directed towards marginalized weaponised by powerful entities, including communities or minorities, among other vulnerable groups. corporations, or influential individuals, to silence dissent, and intimidate journalists, and critics. 12 www.visionias.in ©Vision IAS 1.6. CASTE-BASED RESERVATION Why in the news? The Maharashtra State legislative assembly passed the Maharashtra State Reservation for Socially and Educationally Backward Classes Bill, 2024, to provide 10% Reservation to the Maratha Community. About the Bill It was drafted based on a Maharashtra State Backward Class Commission (Shukre Commission) report. It identified the Maratha community as a Socially and Educationally Backward Class (SEBC). The bill provides for 10% reservation to the Maratha community in recruitment for government jobs, and admissions to public as well as private educational institutions. o The Bill specifies that this reservation will be over and above the seats reserved for various communities under existing Acts in the state. Reservation would be available only to the persons belonging to the SEBC who are not falling in the Creamy Layer. Reasons for the rise in demand for reservation Judicial pronouncements related to reservation Indra Sawhney & Others v. Union of India, 1992: 9-judge Structural factors: Declining income from agriculture, Bench of the SC, and inability to find alternative opportunities and o Set a ceiling of 50% on reservations under Article 16(4). employment in the techno-innovation-driven new job ✓ For exceeding reservation beyond 50%, market. extraordinary circumstances should exist, for Challenges in the job market: Wages in the private which extreme caution is to be exercised. sector, particularly at the entry-level, are much lower o Court introduced the concept of a ‘creamy layer’ (socio- economically advanced among backward classes) who than in the public sector. must be excluded from the benefits of reservations. o Further, the latter provides more social security M. Nagaraj v. Union of India Case 2006: SC laid down three and is comparatively stable, thus the demands for conditions that States had to meet, before providing reservation in public sector jobs. reservations in promotions. The state had to provide, Political Factors: Political mobilization based on caste o Quantifiable data on the backwardness of SCs/STs. too has fuelled demands for reservation. E.g. Patidars o Facts about their inadequate representation in public in Gujarat, the Kapus in Andhra Pradesh and the Jats employment. in Haryana. o Justification in favour of maintaining overall Relative deprivation: When a community feels other administrative efficiency. communities in their region, economically and socially Jarnail Singh & Ors. v. Lachhmi Narain Gupta & Ors.,2018: The SC did away with the requirement of collecting in similar conditions, are getting the benefits of quantifiable data showing the backwardness of SCs and STs, reservation, they also claim for the same status. for grant of quota for promotions in the government jobs. Intra-community variations: Despite relative Janhit Abhiyan v Union of India, 2022: SC upheld 103rd dominance, there are significant intra-community Constitution Amendment Act which provided for EWS variations in terms of income and educational reservation, based on economic criteria. outcomes among some communities. o For instance, the economic division among the Maratha farmers of Marathwada and western Maharashtra. This led to demands for Maratha reservations. Impact of Caste-based reservation Social Justice: Correct the historical injustice faced by the persons belonging to specific castes, and to provide them a level playing field to compete. Representation: Caste-based reservation is aimed to ensure adequate representation of marginalized communities in various sectors, including government jobs. Substantive equality: Equality in the Constitution is not merely formal equality but embodies substantive equality, which means striking at vast socio-economic inequalities often based on caste. Issues with caste-based reservation Social backwardness not necessarily caste based: Backwardness may include other factors too, like, residence, occupation, economic status or some other dominant feature. 13 www.visionias.in ©Vision IAS  The preferred treatment of those already benefited: Solely applying caste criteria as the basis of reservation leads to recurring benefits to those who may already have improved their position. Antithetical to casteless society: Caste-based reservation policy leads to perpetuation of the caste system. Multiplication of demand for reservation: Post reservation, there is a tendency even among dominant casts to seek the “backward” tag, in the hope of enjoying the benefits of reservations. Ignores intra-caste inequalities: Significant intra-community variations in terms of income and educational outcomes, get ignored in a solely caste-based reservation. Way Forward Comprehensive socio-economic survey: To evaluate the implementation of reservation, and its outcomes, and to find out which group deserves reservation based on constitutional provisions. Promote balanced economic growth: Caste-based reservation demand, particularly among dominant castes is often the manifestation of agrarian distress, lack of quality jobs, relative deprivation etc. o Thus, there is a need to address the underlying issues through rural development, job creation, balanced regional development etc. Creamy layer criterion: There is a need to uphold this criterion to ensure that those genuinely deserving, enjoy the benefits of reservation. 1.7. EPIDEMIC DISEASES ACT (EDA), 1897 Why in the News? International Health Regulations (IHR) It was adopted by the World Health Assembly in 1969 Recently, the 22nd Law Commission of India (LCI) submitted a and revised in 2005. report titled “A Comprehensive Review of the Epidemic It is an overarching legal framework for public health Diseases Act, 1897" to the Government of India. events and emergencies that have the potential to About the report cross borders. It is legally-binding on 196 countries, including the 194 The report acknowledges limitations in the legal WHO Member States. framework relating to health were prominently visible Create rights and obligations for countries, including during the management of COVID-19 pandemic when the requirement to report public health events. Disaster Management Act, 2005 was invoked to impose Outline the criteria to determine whether or not a lockdown. particular event constitutes a “public health o In 2020, Parliament amended the Epidemic Diseases emergency of international concern”. Act (EDA), 1897. However, even the amendments could not address gaps in the Act. The LCI suo motu undertook examination of EDA, 1897 and International Health Regulation (IHR), 2005. o It recommended to either amend the existing law or bring a new comprehensive legislation to address existing gaps. Key issues in the EDA, 1897 as highlighted by the LCI Outdated colonial-era law: The vast power given to the government has the potential of abuse. Also, Over the years, new variants of communicable diseases have emerged posing fresh challenges to the healthcare system. Lack of definition: Does not define an 'epidemic' or an 'infectious' disease, and does not differentiate between an 'outbreak', 'epidemic' and 'pandemic'. Management of Epidemic: The Act lacks specific guidelines for effective disease surveillance, quarantine process, ensuring availability of drugs and vaccines, and disposal of Infectious waste and Corpses. Governance issues: o Lack of decentralisation: The Act does not provide statutory power to local governments to regulate epidemic diseases. o Lack of demarcation of power: ‘Prevention of infection or Contagious diseases’ is in the Concurrent list both Centre and States have the power to frame appropriate law on these subjects. ✓ The EDA, does not specify authority will take precedence in case of disagreements between the States and the Centre. 14 www.visionias.in ©Vision IAS  o Uncoordinated response: Lack of enforcement mechanism as per the nature and gravity of the epidemic diseases hinders the prevention and controlling and leads to uncoordinated response. o Inadequate punishment for violation Key highlights of the Comprehensive law proposed by the LCI Define terminologies: o Stages of the diseases (refer to the infographics) should be defined. o Difference between 'quarantine' and 'isolation' should be clarified. ✓ The Epidemic diseases Bill 2023 appropriately defines both the term. o Incorporate the terms ‘physical distancing’ instead of ‘social distancing’ to contain the spread by restricting people’s movement. Decentralisation and demarcation of power: o Prevention and management: This power should lie with State government since ‘public health and ‘sanitation’ is a State subject under the 7th Schedule of the Constitution. o Outbreak happens in State: State may empower the district or local authority to take measures to effectively prevent, control and manage the epidemic. o Interstate-spread of epidemic/pandemic: Central government should direct the state government/district authorities to implement measure for managing the diseases. o Extreme threat from infectious diseases: Central government should itself take measures and or should empower some other Central Agency for managing the diseases. Frame an epidemic plan: The Central government should prepare the epidemic plan in collaboration with other stakeholders) which should be revised periodically. o State government should be empowered to make respective state regulations. Guidelines for Quarantine and isolation: The proposed guidelines should be in consonance with the o Indian Port Health Rules, 1955 (deals with the isolation of infected ships) and o Aircraft (Public Health) Rules 1954 (deals with the isolation of infected persons in an aircraft). 15 www.visionias.in ©Vision IAS  Other recommendations o Enhanced penalty for violation and give statutory recognition under the EDA. o Separate guidelines for Safe disposal of infectious waste which aligns with Bio-Medical Waste Management Rules, 2016. o Devise regulation for controlling, and regulating the availabilities of essential medicines to combat their shortages during peak demand. o Identify nodal authorities responsible for developing vaccines and other necessary drugs. Conclusion In this highly globalized and interconnected world, future outbreaks of epidemics are a real possibility. Further, given that the right to health is a fundamental right implicit in Article 21 of the Constitution and the State is duty-bound to ensure the same to the citizens, it becomes imperative to revisit and strengthen the law in order to effectively tackle any such future health emergency. 1.8. NEWS IN SHORTS 1.8.1. FUNCTIONING OF THE 17TH LOK SABHA PRS Legislative Research released Vital Stats on Report released by Department of Administrative Functioning of the 17th Lok Sabha. Reforms and Public Grievances (DARPG) highlights The 17th Lok Sabha (LS) held its sessions between June initiatives taken towards enhancing e-Service delivery. 2019 and February 2024. During this period, o e-Service Delivery involves delivery of public/ o It held 274 sittings and passed 179 Bills. other services such as receipt of forms and o Question Hour functioned for 60% of scheduled applications, issue/ grant of license, receipt or time in LS and 52% in Rajya Sabha. payment of money, etc., through electronic mode. ✓ Question hour was cancelled in monsoon Key Highlights of the report session of 2020, due to pandemic. o Jammu and Kashmir provides maximum (1117) Other Key Highlights of the report: number of e-Services, across States/UTs. o Fewest sittings amongst all full-term Lok Sabhas o 76% Mandatory e-services are available, an with 206 instances of suspension of Members of increase from 48% under NeSDA 2019. Parliament. o Jammu and Kashmir, Kerala, Assam and Odisha ✓ Average annual sitting days down to 55 from provide 100% of their services through their 135 in the first LS. identified Single Unified Service Delivery Portal. o For the first time, LS did not elect Deputy Speaker o Tourism sector achieved highest saturation for for entire duration. provision of all mandatory e-services in 23 out of ✓ Article 93 of Constitution requires that LS elect 36 States/UTs. a Speaker and a Deputy Speaker ‘as soon as Significance of e-Service Delivery may be’. o For Citizens: Empowerment and participation, o Only 16% bills referred to committees for detailed improved access to services by removal of scrutiny with passage of majority of bills without intermediaries, etc. recorded voting. o For Governments: Informed data-driven decision ✓ 35% of bills passed with less than an hour of making, resource optimization and cost efficiency discussion. by reducing inclusion and exclusion errors, etc. o Time spent on budget discussions has reduced Challenges: Digital divide, lack of standardization and with about 80% of the budget voted without interoperability, issue of change management due to discussion. bureaucratic inertia, concerns related to cyber- security, etc. 1.8.2. ANNUAL NESDA REPORT Annual National e-Governance Service Delivery Assessment (NeSDA) Way Forward Report, 2023. 16 www.visionias.in ©Vision IAS  o Sections 425 to 440 of the Indian Penal Code (IPC) deal with it. Several sections of Bhartiya Nyaya Sanhita (BNS) (which will replace IPC) deal with it. Related Supreme Court Judgement Bharat Kumar vs State of Kerala (1997): Public authorities to initiate action for recovery of the damages caused to the State property. Destruction of Public and Private Properties vs. State of Andhra Pradesh (2009) SC suo motto appointed two committees. o Also, provided guidelines on the basis of the recommendation. 1.8.4. PORTALS FOR A ‘MODERNIZED MEDIA LANDSCAPE’ The Ministry of Information and Broadcasting launched 4 new media-related portals to streamline media- related services under its umbrella. 1.8.3. PREVENTION OF DAMAGE TO PUBLIC PROPERTY 22nd Law Commission (LC) submits 284th Report titled Prevention of Damage to Public Property Commission took suo motu cognizance to prepare the report on account of rising incidents of vandalism and consequent loss to the state exchequer. Also, it highlighted the issue of wilful obstruction of public place or way. o It said that only some States have provisions for dealing with obstructions on public pathways. Key Recommendations: o Amendment in the PDPP Act, 1984, it should include ✓ One of the conditions for bail should be the deposit of an amount equivalent to the estimate value of the property damaged. o Enact comprehensive law dealing with wilful obstruction. ✓ Also, related provision can be included in BNS. Constitutional and Legal Provisions for Protection o Fundamental Right under Article 19 implicitly contains the Right to protest. ✓ However, demonstration which creates 1.8.5. CORRUPTION PERCEPTIONS INDEX nuisance and disturbances are not covered (CPI), 2023 under it. India ranked 93 out of 180 countries on Corruption o Fundamental Duties, Article 51 A (duty of every Perceptions Index 2023. citizen to safeguard public property and to abjure o India was ranked 85 in 2022. violence). About CPI o Prevention of Damage to Public Property (PDPP), o Released by: Transparency International Act 1984 contains provisions dealing with mischiefs resulting in damage of public property. 17 www.visionias.in ©Vision IAS  o Ranks countries and territories by their perceived Islands are defined as "jenmam land" under the 1965 levels of public sector corruption, on a scale of 0 regulation. (highly corrupt) to 100 (very clean). o In 2023, Denmark ranked first, followed by 1.8.7. AADHAAR CARD Finland, New Zealand, and Norway. Employees' Provident Fund Organisation (EPFO) has 1.8.6. PANDARAM LANDS removed Aadhaar from list of acceptable documents for proof of Date of Birth (DoB). Lakshadweep administration continues to number o Aadhaar is considered a proof of identity but not trees on Pandaram lands. of citizenship or DoB. Laccadive Minicoy and Amini Islands Land Revenue and About Aadhaar: Tenancy Regulation, 1965 defines Pandaram lands as o 12-digit random number issued by Unique o land in which Government has, a proprietary right Identification Authority of India (UIDAI). immediately before the commencement of this ✓ UIDAI is a statutory authority established Regulation and under the Aadhaar Act, 2016. o includes any land in which government may o It contains Demographic (Name, Gender, DoB, acquire such rights under this Regulation or under Address) & Biometric (Fingerprints, Iris scans and any other law. Facial Photograph) data. Land other than pandaram land over which a person o Eligibility: Any resident of India of any age and has proprietary rights under the customary law of the gender. 18 www.visionias.in ©Vision IAS 2. INTERNATIONAL RELATIONS 2.1. INDIA’S NEIGHBOURHOOD FIRST POLICY (NFP) Why in the News? Parliamentary Standing Committee on External Affairs submitted an Action Taken report on observations/ recommendations contained in its 22nd report (submitted in July 2023) on India’s NFP. About Neighbourhood First Policy (NFP) Neighbourhood First construct as a policy came around 2008. o Aims to forge strong neighbourhood relations based on a consultative, non-reciprocal, and outcome-oriented approach. o Focuses on delivering benefits like greater connectivity, improved infrastructure, stronger development cooperation in various sectors, security and broader people- to-people contacts It is a dynamic policy that adjusts to our renewed interests in the region, and to evolving regional circumstances. Significance of NFP Strategic imperative: Enhanced regional integration in South Asia is important to counter external influence such as of China and promote India’s vision of free and open Indo-Pacific. o Cooperation within neighbourhood is also critical for India to voice for reforms of Global Governance system and institutions such as UNSC, IMF, etc. Strengthen multilateralism: It will help strengthen multilateralism through regional/ sub-regional organizations such as SAARC, BIMSTEC, etc. Soft Power: India’s rich cultural and historical ties with its neighbours helps to promote its diverse cultural values and soft power influence in the region. o Successful management of regional relationships marked by peace and cooperation positions India as a responsible and constructive actor, which is crucial for India’s aspirations of global leadership. Regional stability and security: Improved trust and cooperation builds capacity to address traditional and non- traditional (resource scarcity, illegal migration, climate change, etc.) security threats. o Collaboration vis-à-vis anti-terrorism efforts, counter-insurgency operations, transnational organized crimes, etc., is important to ensure security and sovereignty and territorial integrity of India. o India pursues the Security and Growth for All in the Region (SAGAR) Vision for it. Economic: Facilitates increased regional trade, investment, and cross-border infrastructure leading to economic growth, employment generation, and improved standards of living. o It is also important to ensure India’s energy security, particularly in the context of northern neighbours – Nepal and Bhutan – with significant hydro-power potential. o Active outreach with neighbours is also important to address developmental deficit in India’s Northeast. e.g., Kaladan Multi-Modal Project, Akhaura-Agartala Rail Link through Bangladesh, etc. Challenges in India’s Neighbourhood Historical baggage and unresolved disputes: Unresolved border disputes with countries like Pakistan results in frequent tensions and mistrust. o It also, sometimes, results in anti-India sentiments in the neighbourhood and strained bilateral relations due to perceived ‘Big-Brother’ attitude due to India’s size and strategic position. 19 www.visionias.in ©Vision IAS  Domestic politics: India’s domestic politics and federal dynamics also act as a determinant with its neighbourhood. e.g., Tamil sentiments determining India’s Sri Lanka policy. Dynamics in neighbouring countries: Political instability, weak governance, and internal conflicts hinder sustained cooperation and implementation of long-term projects. e.g., Political instabilities in Afghanistan and Myanmar. o Regime change in neighbouring countries also affects India’s bilateral relations with them. e.g., Recent tensions in India- Maldives relations after regime change in Maldives. o Terrorism and illegal migration from neighbouring countries due to political instability and internal conflict results in increased threat of terrorist and militant attacks. India’s capacity and resources: Delayed implementation of development projects which can lead to frustration, mistrust and reduces India's influence in the region. Multilateralism: Dysfunctional regional multilateral institutions like SAARC affected by India-Pakistan tensions, limiting their capacity to promote regional cooperation. Key Recommendations by the Parliamentary Committee Implementation of developmental projects: MEA should establish a Cell to identify specific initiatives, projects and programmes to be taken up by various Ministries and Departments with our neighbouring countries. o Strengthen Joint Project Monitoring Committees and Oversight Mechanisms for monitoring progress of various development assistance projects for their timely execution. Border infrastructure and connectivity: Increased investment, pooling of resources and above all, convergence of everybody’s interest and focus by various central agencies for regional infrastructure development of the border areas. o MEA should work in close coordination with the Union Ministry of Home Affairs and state governments to address illegal migration and monitor demographic changes in border areas. Development Fund: Explore feasibility of setting-up a regional development fund for connectivity infrastructure under regional frameworks like BIMSTEC. o Also explore the feasibility of creating a Disaster Relief Fund on the lines of the COVID-19 Emergency Fund under the aegis of NFP. Cultural and People-to-People connect: Scale-up academic cooperation, special scholarships schemes and exchanges in the fields of performing/fine arts undertaken by Indian Council of Cultural Relations (ICCR). o Promote investment in tourism, including medical tourism under the NFP. Bilateral and multilateral/ regional framework: Periodic review on the basis of contemporary realities and upgrade, strengthen and energize these mechanisms on a continuous basis. Synergy with Act East Policy: MEA to maintain a synergy between NFP and Act East Policy as it holds significant potential to bring about connectivity, economic development and security of the North-Eastern Region. 2.2. FREE MOVEMENT REGIME WITH MYANMAR Why in the News? Union Ministry of Home Affairs has decided to scrap Free Movement Regime (FMR) between India and Myanmar. 20 www.visionias.in ©Vision IAS More on News Move is aimed to ensure internal security of the country and maintain demographic structure of India’s North-eastern States bordering Myanmar. Government has also decided to fence the Indo-Myanmar border. Currently, border with Myanmar (approx. 1643 km) is predominantly unfenced, except for a small section in Manipur covering approximately 10 km. FMR between India and Myanmar It permits individuals residing within a 16 km radius of the border to traverse freely, without requirements of a visa or other documentation. It was formalized in 2018 as part of India’s Act East Policy. FMR regime conceptualized due to following reasons o Strong ethnic and familial ties across the border: The border demarcated by the British in 1826 effectively divided people of the same ethnicity and culture into two nations without their consent. o Local trade and business: The region has a long history of trans- border commerce through customs and border haats. Given the low-income economy, such exchanges are Other aspects of India-Myanmar relations vital for the sustenance of local livelihoods. Commercial and Economic relations: Bilateral Investment Promotion Agreement (BIPA) and Double Taxation Avoidance Reasons for Scrapping FMR Agreement (DTAA) signed in 2008. Illegal immigration: Uncontrolled immigration of o India and Myanmar both are signatories to the India-ASEAN Chin people from Myanmar leading to Trade in Goods Agreement. demographic changes in the region. Regional connectivity projects: Both are cooperating under Kaladan Multi-Modal Project, India-Myanmar-Thailand Ethnic violence and insurgency: Meitei Trilateral Highway, etc. community attributed last year’s tensions to the Multilateral/regional/sub-regional cooperation: Both countries perceived illegal migration of tribal Kuki-Chin are members of BIMSTEC and Mekong-Ganga Cooperation. communities. o Myanmar was given status of observer in SAARC in 2008. Entry of soldiers from Myanmar: Exodus of junta Defense cooperation: Joint military exercise named India- soldiers seeking sanctuary in Mizoram which has Myanmar Bilateral Army Exercise (IMBAX) is aimed at building serious security implications in India’s northeast. and promoting closer relations with armies of the two countries. Surge in narcotics production in Myanmar: A report by UN Office on Drugs and Crime (UNODC) linked Myanmar’s political turmoil under military junta to surge in flow of narcotics in the region. Way Forward Border management: Union and the state governments as well as the border residents ensure that the border between India- and Myanmar is effectively secured and regulated. o Strengthen security of the border by either giving the Assam Rifles the single mandate of guarding the border or deploying another border guarding force on Indo - Myanmar border. o Expedite construction of Integrated Check Posts (ICPs) along with other infrastructure. Diplomatic: There is a need of diplomatic agility in India’s engagement with Myanmar, including with military junta, to promote and protect national and regional interests. o Weigh in the impact of action taken vis-à-vis corresponding benefits accrued in the context of regional security and India’s ‘Act East’ policy initiatives. Community engagement: Involve tribal communities in decision making to address sensitive issues and tribal fault lines as was visible in last year’s Manipur violence. 21 www.visionias.in ©Vision IAS 2.3. INDIA-FRANCE RELATIONS Why in the News? Other Key Outcomes India and France have announced Defense Leaders from both sides committed to revitalizing the trilateral cooperation with Australia, deepen the one with UAE and explore Industrial Roadmap for cooperation on defense new ones in the region. production during French President’s visit to India o Trilateral grouping with UAE aims to ensure security from the as Chief Guest at the Republic Day celebrations. east coast of Africa to the Pacific. More on News France expressed its support to join One Future Alliance (OFA), as agreed in G20 Leaders Summit to further synergize global efforts on Roadmap is aimed at deepening the building Digital Public Infrastructure (DPI) capacities. integration between the two countries’ Both sides agreed to convene a special task force on nuclear energy respective defense industrial sectors and to within three months in the framework of the Indo-French Strategic work together to identify opportunities for Dialogue. co-design, co-development, and co- Declared 2026 as the India-France Year of Innovation. production. India will be among the priority countries of implementation of Defense Industrial collaboration will support international pillar of French strategy on arts and crafts. a broader progress in scientific, technological, digital and material sciences fields to realize the vision of Viksit Bharat for 2047. Points of Convergence between India-France Defense and Security: France is playing an instrumental role in India’s defense modernization through transfer of technology, joint ventures, supply of advanced systems, among others. o e.g., Agreement for transfer of technology for Scorpene class submarines, supply of Rafale aircrafts, etc. o Joint Defense Exercises – Varuna (naval), Garuda (Air Force), and Shakti (Army) – are conducted between the two countries. o For counter-terrorism, there exist agency-level cooperation between National Security Guard (NSG) of India and GIGN of France. Key Challenges in India-France relations o Both countries resolved to work Divergent approaches towards strategic autonomy: In the context of together for adoption of the Russia-Ukraine conflict, France vociferously condemned Russia’s military intervention and extended political, financial, humanitarian, and military Comprehensive Convention on support to Ukraine. India’s position, on the other hand, has been marked International Terrorism (CCIT) in by strategic restraint. the UN. Trade remains a laggard: Trade potential between the two countries o Currently, France is the 2nd largest remains underutilized. supplier of arms (33%) to India as o Also, there’s absence of Free Trade Agreement between two nations. per SIPRI report 2023 Technical, financial and civil nuclear liability issues from both sides in Indo-Pacific: Both nations are implementation of nuclear power reactors in Jaitapur (Maharashtra). committed to advancement of free, Nature of cooperation: Cooperation between the two nations is, mostly, in open, inclusive, secure and peaceful the nature of Government-to-Government (G2G). Indo-Pacific and beyond. o Business-to-Business (B2B) and People-to-People (P2P) cooperation o Joint surveillance missions carried remains sub-optimal. out from French island territory of La Reunion in 2020 and 2022. o In 2018, both countries agreed on a ‘Joint Strategic Vision of India-France Cooperation in the Indian Ocean Region’ which aims to establish Indo-Pacific Triangular Development Cooperation Fund. ✓ Fund aims to facilitate the scaling up of green technologies being developed in the region. Developmental: Both countries are collaborating in the domain of smart cities, forging a strong partnership to harness the potential of technology and innovation in urban development. o e.g., India-France collaboration on Chandigarh Smart City project. 22 www.visionias.in ©Vision IAS  Economic and Trade: Currently, France is the 11th largest foreign investor in India. o France lent its firm support to the ongoing negotiations for India-EU Free Trade Agreement. o Both countries are collaborating in digital payments space with the recent launch of UPI in France. Technology: Strategic Space Dialogue, launched in June 2023, to provide strategic guidance and direction across the all aspects of space cooperation. o India and France have civil nuclear ties on the peaceful uses of nuclear energy. e.g., Jaitapur Nuclear Power Plant Project. Global Governance: France reiterated its firm support for India’s permanent membership of the UNSC for reformed and effective multilateralism to sustain an equitable and peaceful international order. o France also helped in India’s accession to multilateral export control regimes such as Missile Technology Control Regime (MTCR), Wassenaar Arrangement, and Australia Group. Climate Change: International Solar Alliance (ISA) conceived as a joint effort by India and France to mobilize efforts against climate change through deployment of solar energy solutions. o India joined the French-led initiative called the High Ambition Coalition for Nature and People. o 2021 was declared as Year of Indo-French alliance towards a Greener Planet. Cultural and P2P: Partnership Agreement on Migration and Mobility, which came into force in 2021, is an important step in enhancing the mobility of students, graduates, academics, skilled workers, etc. o Villa Swagatam is a network of residencies to bring best French talents to 16 existing residencies spread across India. ✓ In doing so, France wishes to create a community of French artists and writers who will learn from India’s rich savoir-faire and history. Conclusion India and France have a multifaceted relationship marked by shared values, mutual respect, and strong convergences on different issues of global concern. Simultaneously, there needs to be a stronger focus on B2B cooperation through investment and technology exchange and P2P ties via educational and cultural exchanges to solidify this partnership, enrich mutual understanding. 2.4. INDIA-UAE RELATIONSHIP Why in the news? Recently, India and the UAE signed a Bilateral Investment Treaty (BIT), during an official visit of Prime Minister of India to UAE. More on news The BIT is expected to further promote investments in both countries. It will offer proper settlement of disputes through arbitration and thereby, among other things, encourage domestic manufacturing and reduce import dependence. As India moves towards achieving US$5trillion economy target and UAE focussing on diversification and liberalization program to reduce reliance on oil economy, both countries converge as partners in progress in various sectors. o Experts believe that this BIT is a step towards this direction itself. 23 www.visionias.in ©Vision IAS About India-UAE Relations India-UAE diplomatic relations began in 1972. The year 2015 marked the beginning of a new strategic partnership between the two nations. It led to the signing of Comprehensive Economic Partnership Agreement in 2022 with a target to boost bilateral trade to $100 billion. Areas of Convergence Economic & Commercial: The UAE’s investment in India is estimated to be around US$ 20-21 billions of which US$15.5 billion is in the form of FDI while the remaining is portfolio investment between April 2000-March 2023. o Fintech cooperation- Agreement on interlinking of the instant payment platforms - UPI (India) and AANI (UAE), Agreement on inter-linking domestic debit/credit cards - RuPay (India) with JAYWAN (UAE) o Energy Security of India: UAE is an important supplier of crude, LNG and LPG to Indian market. Multilateral Cooperation: Both countries are part of various platforms such as BRICS, I2U2 (India-Israel-UAE-USA) and UFI (UAE-France-India) Trilateral. Diaspora and people to people relations: UAE has over 3.5 million Indian diasporas constituting roughly ~35 per cent of the country’s population. o PM inaugurated Bochasanwasi Akshar Purushottam Swaminarayan Sanstha (BAPS) Hindu temple in Abu Dhabi. Furthering regional Connectivity through India-Middle East Economic Corridor (IMEC) which will connect India, European Union, France, Germany, Italy, Saudi Arabia, UAE and US. Education: There are many International Indian schools in the UAE following CBSE and Kerala Board curricula, and an overseas campus of IIT Delhi is being established in Abu Dhabi. Defence Cooperation: Steered through a Joint Defence Cooperation Committee, with the signing of Agreement on Defence Cooperation. o Both countries also participate in International Defence Exhibition and Conference (IDEX) and the Naval Defence and Maritime Security Exhibition (NAVDEX) and in military exercise such as Desert Flag, Desert Cyclone. Space Cooperation: ISRO and the UAE Space Agency have signed agreement for exploration and use of outer space for peaceful purposes and is an important element of the I2U2 cooperation as well. Challenges in India-UAE relationship Deteriorating regional peace in region due to the on-going conflict in Israel-Palestine and the Red Sea attacks. It may impact IMEC. Rights of emigrant labourers in UAE due to Kafala system granting disproportionate power to employers over immigrant labourers leading to human rights violations. This often leads to passport confiscation, delayed wages, and poor living conditions Trade and Market access barriers in various sectors such as agrochemicals along with biased qualification clauses (in favour of Middle East, Europe or developed countries) affects exports from India. Way Forward Welfare of Migrant Workers: Both countries should find solutions so as to ensure rights and welfare of migrant workers in UAE focused at reforming Kafala System. Further deepening of defence ties: This will aid to counter Chinese influence in the Indian Ocean region. 2+2 dialogue on the lines of USA, Japan can be explored between India-UAE. Minimization of Non trade barriers: So that issues related to India's exports in various sectors can be addressed. Conclusion The relations with UAE are important for India just not in bilateral spheres but also in India's Extended Neighbourhood and Look West Policy of India. The fast-paced improvement in India-UAE relations show that the relation is bright and full of hope and is on the right track. 24 www.visionias.in ©Vision IAS 2.4.1. BILATERAL INVESTMENT TREATIES (BITS) Why in the News? India is negotiating BITs with trade partners to boost the inflow of foreign direct investments (FDI). About BITs Bilateral Investment Treaties (BITs) are reciprocal agreements between two countries to promote and protect foreign private investments in each other’s territories. Indian Model BIT of 1993: India had signed BITs with 83 countries of which 74 were in force till 2015. India revised its Model BIT in 2016. Since 2015, India has signed new BITs only with four countries and is negotiating with 37 countries and terminated its older BITs with 77 countries. Key Features of Model BIT 2016 Need of Functional BITs o “Enterprise” based definition of investment: It Protection to investors in the form of minimum means an enterprise that has been constituted, guarantees such as:- organised, and operated in good faith by an investor o National Treatment- treating foreign investors at in accordance with the domestic laws of the country par with domestic companies. o Non-discriminatory treatment through due process: o Fair and Equitable Treatment to companies and Each Party shall accord full protection and security to investors as per international law, the investments and investors o Protection from expropriation, i.e., limiting a o National treatment and protections against country’s ability to take over foreign investments expropriation: Neither Party may nationalize or in its territory. expropriate an investment of an investor directly or Better Arbitration Mechanism and seamless dispute through measures having an effect equivalent to resolution. Other significance expropriation. o Strengthen trade relations between the countries. o Investor State Dispute Settlement (ISDS) mechanism: o Boost the inflow of Foreign Direct Investment and A foreign investor should first exhaust local remedies facilitates movement of capital at least for a period of five years before going for ISDS mechanism. Existing issues with Model BIT Reactionary approach of model BIT of 2016 o Experts suggest that India brought in Model BIT 2016 in reaction to series of notices that India received. o It has too many exceptions which limit the liability for the host state and raises the bar required to bring a claim under the BIT. Arbitration Mechanism is considered to be the most contentious issue which insists on the investor exhausting the domestic remedies for at least five years before commencing arbitration under the BIT. Enterprise based definition of investment narrows down the definition of investment. Moreover, it is considered to have vague qualifications such as “certain duration” and “significance for development of the party in whose territory the investment is made.” Omission of “fair and equitable treatment” standard. It has been replaced with protections that require steep thresholds to be triggered and/or invoked. Moreover, the doctrines of Most-Favoured Nation and “legitimate expectation” are also absent. Exemption of taxation measures from the protections offered under BIT seems to be restatement of sovereignty rather than a treaty meant to protect cross-border commercial transactions. Lack of professionals as India does not have sufficient number of lawyers/judges with the requisite expertise and experience. Thus, huge fees is paid to foreign lawyers firms which represent India in investment arbitration. Way Forward After a comprehensive analysis done by Parliamentary Standing Committee, following recommendations have been suggested: 25 www.visionias.in ©Vision IAS  Timely settlement of investment disputes through pre-arbitration consultation or negotiations to avoid cost to the exchequer. Further changes in the Model BIT 2016 should be done in accordance with o Continuous up gradation and review of Model BIT 2016 based on experiences gained in disputes arising out of BITs o Continuous incorporation of best practices and provisions from BITs adopted by advanced countries after studying implementation and outcome of such treaties. Building domestic legal expertise through training lawyers, firms, and government officials is crucial for effective BIT drafting and representation in investment arbitration. Promotion of the New Delhi International Arbitration Centre as a world-class arbitration centre. Non-Ambiguous and Forward looking BIT should be drafted to avoid overbroad interpretation by arbitrators and tribunals, investment disputes or claims against India, and the abuse of certain provisions by investors. 2.5. EXPANSION OF BRICS Why in the news? Recently, five new members namely Egypt, Ethiopia, Iran, Saudi Arabia, and the Unite