MANDAR PATKI

AIR 22 CSE 2019

GENERAL STUDIES
2 NOTES

By MANDAR JAYANT PATKI (AIR 22 CSE 2019)

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CONSTITUTIONAL
ISSUES
Aadhar constitutional validity

Significance

1. Pragmatic middle path betn aadhar's excesses and it's benefit to

2. Restored original intent : to plug leakages and better targetting of beneficiaries in welfare scheme

Impact of judgement

1. Constitutionality of Aadhar- passes triple test laid down in Puttaswamy

o Existence of law- Aadhar Act, 2016
o Legitimate state interest- ensure social benefit scheme reach poor
o Test of proportionality
2. No fear of Surveillance state- as Aadhar asks for 'Minimal Biometric info' + UIDAI does not
collect purpose, location, details of transaction
o Struck down Regulation 27(1)- storage period of 5 yrs >>>now 6 months
3. Security of Biometric data- due to encrypted, unidirectional relationship betn host application
and UIDAI
4. Linking of Aadhar with Financial transactions -
o Struck down Rule 9 of PMLA rules 2005- mandating aadhar for all financial instruments
5. Aadhar as money bill- valid as sec 7: subsidy, benefits or services
6. Sec 133AA upheld- linking Aadhar with PAN
7. Struck down some other provision
o Section 47- now citizens can also file complaint in case of data theft
o Portion of Sec 57- Aadhar only be used by govt, not private parties
o Sec 33(2)- now citizens have opportunity to be heard before disclosure of info
o Aadhar use for education and admissions - restricted as Art 21A neither service nor
subsidy
8. Project penetrated deep (99.76%), thus cannot be invalidated for exclusion, 'remedy is to plug
loopholes rather than axe the project'

Concerns

1. Use for Fraud detection - as was important for fintech companies for detection of fraud and
impersonation
2. Impact on poor- as mandatory for subsidy and benefits>>> Vulnerability of poor if technical
glitches in identification
3. Privacy conerns- no comprehensive law till now

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4. Right to be forgetten- remains a grey area- not clearly stated whether entities need to delete
collected info
5. Diminished potential as single identifier- could have acted as bridge in fragmented and
disconnected data silos
6. Minority judgement - aadhar as money bill is 'fraud on constitution'
7. Not analyzed sec 2(k) prohibiting person from parting with any information pertaining to one's
income

Reservation demand in Dominant castes

1. Economic marginalisation - declining importance of trade and Manufacturing process

dominated by DC
2. Agrarian Stress- declining impo of agri + water shortage affecting productivity
3. Perception of loss of power - feeling among powerful farming community that state of
dominated by big corporates
4. Perception of being worse off- while others are benefitted by reservation
5. For secure future - govt jobs and better education >>stiff competition in open category

SC judgement on reservation in promotion

Timeline of Reservation in Promotion

Indira Sawney 1992

 Test for social backwardness cannot be applied to SC and ST as they are indubitably backward
 No reservation in promotion

77th Amendment

1. Inserted Art 16(4)- reservation in promotion

Nagaraj case 2006

1. Reservation should not affect administrative efficiency as said in Artcile 335. For this, govt neex
to collect quantifiable data on:
1. Backwardness of SC and ST
2. Inadequacy of representation
3. Administrative efficiency

Jarnail Singh case 2018

1. No requirement for quantifiable data on backwardness - Nagaraj case put unnecessary condn +
contrary to Indira Sawney
o But court made no changes in other two conditions i.e. Adequacy of representation and
administrative efficiency
2. But creamy layer in SC and ST to target reservation to most backward among SC and ST

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Arguments against Reservation in Promotion

1. Not a fundamental right- Article 16(4), 16(4A), 16(4B) are only enabling - not envisage as FR by
constitutional makers
2. Employment cannot be act as single yardstick for measuring backwardness
3. Efficiency in administration- as some key posts like nuclear requires specialisation
4. Cornering of Benefits - corned by few castes and tribes
5. Already adequate reservations

Arguments favouring Reservations in Promotion

1. False notion of "Efficiency"

o 'Loss in efficiency' argument is result of extremely Conservative understanding of
'merit'
o No empirical study for 'merit'
o There are rules for promotion - no person is promoted unless has good rating in annual
confidential report
2. Skewed SC/ST representation at senior levels- only 4 officer at secretary level in 2017
3. Large vacant post- as court struck down appointment post nagaraj judgement due to lack fo
quantifiable data
4. Historical disadvantage -

Arguments against creamy layer in SC and ST

1. Article 335- right of representation, NOT of welfare

2. SC/ST given reserv. not because they are poor, but because they are excluded
3. SC/ST if compete from open quota will corner more open category seats. (thus loss to open
category poors)
4. It will increase representation of sc/st in proportion to their popu
5. Ignores complexity and Rationality behind affirmative action
6. Cultural bias that SC/ST inclusion in higher authority will reduce efficiency of admini

Stats

 Though occupy 23% of central posts, but 45% of them- safai karamchari
 Only 10% in higher tiers of govt

Reservation for EWS

103rd CAA- 10% reservation to EWS among those not covered under any reservation plan

Key features

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1. Amends Article 15- enable govt to take special measures for "EWS" + 10% seats in educational
insti
2. Adds Article 16(6)- 10% to all posts

Arguments Favouring reservation for EWS

1. New Deprivation criteria- caste should not be sole criteria bacause weaking of links between
caste and class in changing circumstances
2. Ram Singh VS UoI 2015- social deficiency may exist beyond boundary of caste: thus need to
adopt new yardstick to move away from caste centric definition of backwardness
3. Increasing dissatisfaction - as class issues have overpowered caste issues>> thus
dissatisfaction among communities having similiar economic status but excluded from
reservations

Arguments against Reservations for EWS

1. M. Nagaraj case 2006- SC: equality is basic structure of constitution, and 50% ceiling is
constitutional requirement w/o which structure of equality will collapse
2. No under-representation: upper caste adequately represented + govt have no quantifiable data
on inadequacy of representation of lower income groups
3. Definition of EWS- Too broad
4. Allotment of quota- not proportional to population of EWS unlike SC and ST
5. Problem with ceiling- by putting ₹8 lakh/yr= created parity between socially and
economically backward classes in limited means
6. Identification of beneficiaries - bureaucratic nightmare
7. Tool of populism - affects its credibility as tool for social justice
8. Passage of Bill-
o Sinho commission report 2010- cited as basis- never recommended reservation
o Bill paassed in 5 hrs

Way forward

1. Adequate institutional mechanism that will recommend classes for reservation

2. Logic of providing benefits to EWS be gradually and carefully extended to creamy layer of SC
and ST
3. Improve job creation in pvt sector - as demand for reservn reflects stress there

🔊🔊Citizenship Amendment Bill 2016

Basics

 Difference between Illegal migrants and Refugee

o Migrant and Illegal Migrant - person who makez conscious decision to resettle to
another country is called migrants. However, when person does not follow rule of law and
due process in Country of resettlement, s/he is termed as Illegal migrant

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o Refugee- person forced to flee his own country because of threat to Life and freedom
due to persecution, based on violence targed on basis of race, religion, ethnicity,
Nationality, etc.

Provisions

1. Definition of illegal migrants - 'persuaded non-Muslim minority' from Pakistan, Bangladesh

and Afghanistan who arrived on or before 31 December 2014
2. Citizenship by Naturalisation - reduces aggregate period of residential qualification from 11
years to 5 years along continuous stay of 12 month
3. Cancellation of OCI registration - on violation of 'any law' of Country
4. Stated objective of bill-these three countries constitutionally provide for 'state religion', thus the
bill is to protect the 'religious minorities' in these theocratic states.

Benefits to persuaded minority

1. Addressig religious discrimination commited during partition

2. Benefits many people to get self employment, bank ac
o Example - Chakma and Hajong of Bangladesh
3. While NRC protects Country from unwanted Illegal migrants, CAB protects refugees who have
nowhere to go.
4. Conformity - CAB brings out citizenship law in conformity with exemptions already given in
Passport Act, 1920 and foreigner Act, 1946 by executive orders in 2015 and 2016.
5. Dr. B. R. Ambedkar - in his speech in Consti assembly (10 August, 1949): it is not possible to
cover every type of case for citizenship in commencement of Constitution. Thus, assembly
provides Parliament power to subsequently make provisions for such excluded communities.

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Opposition to bill

1. Religious discrimination - differential treatment to illegal migrants on basis of religion violates

Article 14 as it is applicable to both citizens and foreigners
o Excludes persuaded minority like Rohingya in Myanmar and Ahmadiya in Pakistan
2. Choice of countries- many neighbouring countries like Sri Lanka, Nepal left out
o Bhutan has official religion as Vajrayana Buddhism + Christians have to pray in their
homes only
3. Colourable Legislation - criticism by Kerala Govt in SC that it transgressed constitutional
prohibition on making legislation in violation of secular nature of consti.

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4. Persecution term- not considered ethnic minorities (Baloch, Sindhis, Pakhtuns) nor Linguistic
minorities (Tamils)
5. Violation of International Obligation - Art 14(asylum) and Art 15 (Right to Nationality) of UN
Human Right declaration and Art 26 (equality) of International Convention on Civil and Political
rights.
6. In conflict with govt's other initiatives - like NRC as different cut off date- makes cut off in Assam
accords Ineffective
o Violates clause 6 of Assam accords which require govt to safeguard and protect culture
and socio-liguistic identity of Assamese people
7. Rise of religious sub nationalist policy- divided residents of Assam in Brahmaputra Valley
(Muslim majority) and Barak valley (Hindu Bengali settlement)
8. Joint Parliamentary Committee (2016) had recommended to use word 'persecuted minorities',
not 'minority community' to make classification based on intelligent differentia which will not
be arbitrary.
9. Wide grounds for OCI cancellation - may include minor law violation like traffi signal

Steps taken to address concern

1. High level committee to operationalise Clause 6- Define Assamese, Reservations in jobs, land
ownership, Seats
2. Scheduled Tribe status proposed to 6 major communities - which could turn Assam into Tribal
state
3. Distribution of migrants - assured amog various state

Opposition in Northeast - Reason

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ANTHROPOLOGY - North east opposition.

Why India Not signed Refugee Convention

 India not signatory of Refugee Convention of 1951 and Its Protocol of 1967:

1. Definition of Refugee - Too narrow. India demands to recognise "Fundamental actors which give
rise to refugee movement".
2. Threat to Sovereignty - Article 35 of agreement vest responsibility of supervising refugee
processing on UNHCR. India believe that this hurts its sovereign right to take decisions.

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3. Restrictions - India considers issue of Migration as Bilateral one rather than Multilateral. Thus,
International agreement can impose freedom to take actions.
4. Unfair Treatment from UNHCR- experienced in 1971 where it ignored to take into cognizance
of India's concern over Bangladeshi migration + Visit of then UNHCR chairman to Bangladesh on
invitation of Ayyub Khan
5. Security Issues- Porous borders of South Asian countries.

National Security Act, 1980

 Context- invoked by MP govt to arrest 3 accused of cow killing + Manipuri Journalist detained for
12 months for Facebook post against CM

National Security Act- provision

 Implements Art 22(2)

 "to provide prevention detention"
 Gorunds of detention
o Acting prejudicially to Defence of india, foreign relation, security of india
o Expulsion of foreigner
o Prejudicial to security of state, maintenance of public order and supplies of essential
services
 Detention - 3 months, in some cases 6 months without any review
 3 memebers advisory board- determine legitimacy for detection beyond 3 month

Concern

1. Denies basic rights available under

o CrPC
 detained for 5 days without telling reason
 Not disclose fact affecting public interest
o Article 22(1)- not entitled ay legal pactioner in front of advisory board
o Violates due process of law
2. Increasing over reliance on act
3. No data available on total arrest made- as NCRB does not keep
4. Against Constitutionalism- not check govt arbitrariness
5. Used by state to avoid other provisions of law

Arguments in favor

1. Presence of anti national forces - Terrorist, radicals

2. Intelligence gathering - terrorist may use provisions of innocence to evade crucial information
required immediately by law enforcement agencies
3. Misuse is not cause of scrap act

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4. Application of 'reasonable restriction' under Article 19(2)

Sedition clause (124A)

Defines Sedition:

 Act that brings or attempts to bring hatred or contempt, exites or attempts to exercise
disaffection towards Government established by law

Arguments against

1. Against democratic norms- positive and constructive criticism =FR

2. Inadequate capacity of state machinery - like police to understand consequences of imposing
such provisions
3. Possibility of misuse- to curb dissent- writer, journalists, activists
4. Draconian nature of law- non bailable, non cognizable, life term punishment
5. Use to gag press- compromise press freedom
6. Right to criticise one's own history and right to offend are rights covered under A19
7. SC: 'dissent in democracy acts as safety valve

Arguments in favor

1. Presence of anti national forces - Terrorist, radicals

2. Misuse is not cause of scrap act
3. Application of 'reasonable restriction' under Article 19(2)
4. Not really draconian - as SC laid guidelines

1971-LC-

1. Essential to protect national unity, but not be used to curb dissent

2. Expand criteria of 124A to parliament, constitution
3. Punishment - chnage from life imprisonment to 7 years Max

Some cases

1. Kedarnath VS state of bihar, 1962: strikes correct balace between fundamental rights and
public order
2. Maneka gandhi case 1978: critising and drawing general opinion against policies within
reasonable limits should not be sedition
3. Ramesh thapar VS UoI:pointed out incompatibility of law
o Put essential ingredients
 Disruption of public order
 Attempt to violantly overthrow govt
 Threat to security of state

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4. Balwant Singh VS SoPN (1996)- casual raising of slogans can not be said to aimed at exciting or
attempt to excite hatred or disaffection by govt.

Way forward

1. Private member bill 2015- only actions directly resulting violence

2. Sufficient guidance to state police
3. Provisions to penalise govt for misuse- thus estd balance betn FR and Public order

🔊🔊Fundamental Duties

 Cabinet proposal for giving each ministry a charge to enforce certain Fundamental Duties

Importance of Fundamental Duties

 Swami Vivekananda- devotion to duty as highst form of worship of God

 Article 29(1) of the Universal Declaration of Human Rights states:
“Everyone has duties to the community in which alone the free and full
development of his personality is possible.”
 The Citizens’ Almanac, issued by the US Citizenship and Immigration
Services, details the responsibilities of its citizens
 Rig Veda notes,”O, citizens of Bharat! As our ancient saints and seers,
leaders and preceptors have performed their duties righteously, similarly,
you shall not falter to execute your duties”.
 Gita- one should perform duties without expectations of reward
 Gandhiji- Rights cannot be divorced from duties, true satyagraha is to always strive for one's
dutiea
 Dr B. R. Ambedkar- "Constitution is not a mere lawyer’s document; it is a vehicle of life and its
spirit is always the spirit of age”.

 We have Right to vote, but casting vote is our duty. We have right to swachh bharat, but keeping
bharat swachh is our duty. We have Right to clean air, but keeping pollution level low is our duty.

🔊🔊Anglo Indian Reservation

Definition of Anglo Indians

 Article 366(2): Person who's father or any of male progenitor is or was of European descent but
who is domiciled in India and is or was born within such territory of parents habitual resident
therein and not established their for temporary reasons only

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Reasons given for discontinuation of reservation (126th Amendment)

 Very low population - 296 as per census 2011

 No under representation

Arguments against Cancellation of reservation

1. Census data- data remains uncertain as Anglo-Indians no longer identified as seperate category
in Census Survey.
2. Ministry of Minority Affairs report (2013)- identity crisis, lack of Employment, educational
backwardness, lack of proper facilities, cultural erosion remains prominent challenges.
3. Work of representatives- Above report also points out that representatives are working hard for
welfare of community
4. Historical promise- given by Mahatma Gandhi to Frank Anthony about representation in
Constitution assembly + Sardar Patel as chairman of Minorities committee in CA.
5. Ripple effect- in state assemblies.

🔊🔊 National Population Register

 Document containing information of all 'Usual Residents' of country

 Usual Resident= who is or intends to live in a locality for 6 months
 Legislative basis- Citizenship Rules, 2003 in Provisin of NRIC (Rule 3 (4)) which mandates govt to
undertake NPR as precursor to NRC

Govt Stated Objectives

1. Comprehensive database of Usual residents of country

2. Better targeting of policies by reducing Inclusion- Exclusion errors.
3. Get a detailed account of state of demography in country
4. Region wise targeting policies or programmes.

🔊🔊Anti Defection law

 Context- Supreme court asked parliament to review powers and role of Speaker in 10th
Schedule.
 Rajendra Singh Rana case: when speakers refrain from deciding on case in 'reasonable' time, it
is error which attracts jurisdiction of HC in exercise of power of Judicial Review.

Challenges With Anti Defection law

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1. Ambient of law - whether includes activities outside assembly or whether whip can be issued
when assembly not in session
2. "voluntarily given up membership of party" - speakers discretion in deciding this
o SC in Ravi Naik case (1994)- resignation is not necessary and inference can be drawn
from persons conduct
3. Judicial Review - while Clause (6) gives speaker discretion to decide on case and Clause (7)
prohibit Judicial review.
o Kihoto Hollohan case (1992) - judicial review after speaker took decision which is mala
fide, violation of Constitutional mandate and not according to natural justice

🔊🔊Appointment of CM

 Article 164(4)- Minister shall cease to be minister of not elected to state Legislature within 6
months
 S. R. Chaudhari VS SoPN (2001)- "it would be subverting the constitution to permit an
individual, who is not member of legislature, to be appointed a minister repeatedly for term of 6
consecutive months, without him getting himself elected in meanwhile. The practice would be
clearly derogatory to constitutional scheme, improper, undemocratic and invalid"
 Article 174(5)- person having special knowledge or practical experience in l, s, a, cm and ss can
be nominated by governor
o Allahabad HC in Har Sharan Varma case (1961)- even politics can be considered as
Socil service
 Biman Chandra Bose case (1952)- Calcutta HC held that Governor can not use his discretion in
nominating members to LC

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ELECTION IN
INDIA
Election Commission of India

Issues

1. Structural challenges
o Security of tenure for other ECs
o Expenditure not charged on consolidated fund
o Lack of powers eg- despite being registering authority under sec 29A of RPA, no power
to deregister
o CEC not debarred from post retirement services
o No institutionalisation of appointments mechanism
2. Logistics challenges
o No own Secretariat - dependency on DoPT, Law ministry
o No own staff- deputation during election
o No power to take actions on govt servents- can only recommend
3. Implementation issues
o Allegations of partisan role in implementation of MCC
o As ECI itself admitted in SC that its powers to discipline political parties who sought votes
in name of religion is very limited
o Ineffective control over political parties- intra party democracy, finances

Implications

1. Breakdown of democratic principle

2. Erosion of institutional integrity - credibility and authority of commission
3. Loss of people trust-
4. Degradation of political discourse- blurring barriers of decency and civility in politics
5. Politicisation of Election Commission

Success of ECI

1. Voter Education and participation - 2019- 67.11% is highest turnout showz success of SVEEP
2. Credibility of voting - EVM VVPAT matching rate was 99.9996%
3. Action against politicians - debarring from campaign for 3 days
4. Action against money power- cancellation of vellore constituency election

Way forward

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1. 255th Law Commission report- collegium of PM + LoO + CJI for appointment

NOTA

NOTA-

 Negative Voting - 'against all' or 'scratch vote' introduced in PUCL case 2013
 only symbolic value to register protest
 Before 2009, voters used 49-O to inform presiding officer that he do not want to vote for any
candidate- thus issue of Secrecy of votes
 2014 elections - 1.08% 2019- 1.04%

Importance of NOTA

1. Symbolic value to register disapproval against candidates

2. Moral pressure on parties to give popular candidates
3. Voice dissent- voice dissent while taking part in electoral process
4. Upheld Secrecy of vote- unlike earlier form 49-O
5. Voter turnout - continuously increasing

NOTA - only as vent of frustration

1. No effect on outcome-
2. No effect on Political parties - 43% criminal in 17th LS
3. high use in LWE and Reserved constituencies - shows frustration towards governance system
(highest % in Bastar in 2014- 5%)

NOTA analysis

1. High in Reserved seats- SC: 1.16% ST: 1.76% general: 0.98%

2. High in LWE
3. Impact of political competition - high in direct bipolar contest betn two main opponent parties
4. Playing crucial role- 26 constituency :winning margain less than nota

NOTA - way forward

1. Right to reject- process of reelection with no earlier candidate having right to stand in reelection
2. ADR proposed following
1. No candidate shall be declared elected
2. Fresh election with no earlier candidates
3. Candidate winning 50%+1 be elected in repoll
3. NOTA can be best work in tandem with Right to Recall as it will force to candidates to perform
well>>thus pr on pol parties to field efficient candidates

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4. Rule 64 of Conduct of Election Rule need be amended for fresh elections - can be done by law
ministry without parliamentary approval

Why scrapped for RS

1. As open ballot, undermines principle of PRSTV

2. vote becomes invalid, so non transferable
3. Counterproductive to law on disqualification on defection
4. SC: it will usher back satan of defection and corruption, (as voters will bargain with political
parties)
5. Override article 80(4)(prstv),rpa,conduct of ele rule 1961
6. Only viable in dirrct elections

EVM VS Ballot Paper

Arguments favor Ballot

1. EVM fail on 3 pillars of free and fair elections

1. Transparency -
2. Verifiable- only counts number of votes, not vote choices
3. Secrecy - booth wise counting >>>prone to retaliation by parties on voters
2. Possibility of hacking-
3. Malfunctioning of EVM - officers may connect machines wrong

Arguments favoring EVMs

1. Ease of use- illiterate voters can easily use

2. Accessible - for disabled people to vote independently
3. Safe and secure- from booth capturing, rigging and stuffing ballot boxes
4. Faster results and build trust
5. Completely auditable
6. Complete elimination of Doubtful votes- which is main bone of contention in ballot election
7. Reduce use of paper

Why EVM is safe

1. Standalone device- Thus no external contact

2. Self diagnostic feature- thus temper proof
3. One time programmable chip
4. Verification by party representatives during elections @ state level, district level, booth level
5. Same machine used in many elections - thus used for diff parties and diff areas
6. Alphabetical sequence by candidates name, not party Wise sequence -
7. Arguments that other countries discarded is baseless as:
o Netherlands- Discarded as their EVM was externally programmable

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o Germany - Discarded by court as no provision in constitution

 (in india- RPA, 1951 have provision for EVM)

Paid News in Elections

 Paid news- As defined by Press Council of India- any news or analysis appearing in any
media for price incash or kind as consideration

Reasons for Paid news

as Determined by Parliamentary Standing Comm in report titled 'Issues related to paid news'

1. Reasons related to media

o Corporatisation of media
o Disegregation of ownership and editorial roles
o Decline in autonomy to journalists
2. Issues related to regulator-
o Conflict of interests- media owners appointed in self regulatory bodies
o Inadequate punitive powers to PCI
3. Inaction by govt on recomm of PCI amd ECI
4. Concentration of media ownership- monopolistic practices
5. Distribution of govt advertisements- allegations that govt uses advertisements to arm twist the
media houses for favourable coverage

Consequences of paid news

1. Affect free and fair elections

2. Misleads public
3. Influence on voter and afffect their right to information
4. Seeks to circumvent election expenses
5. Harms principle of level playing field

Challenges in dealing

1. There are circumstantial evidences, but no proofs- not easy to trace transactions
2. Media violation, surrogate advertisements, unreported advertisements are often mistaken as
paid news by MCMC (Media Certification and Monitoring Comm)

Way forward

1. Law commission in report on Electoral reforms in 2015

o Electoral offence
o Disclosure norms for media houses

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o Define paid news in RPA

2. Recom. of Parliamentary Standing comm
o Single regulator for print and electronic media
o Regulators not to include media ownerz
o Examine fianancial accounts of media houses in allegation of paid news
3. PCI-
o Make our directions binding on govt
o Bring electronic media under preview
4. ECI
o Electoral offence punishable for 2 years

Conclusion- adopt international best practices like Justice Leveson report on press in UK

Criminalization of politics

Reasons

1. Vote bank- SC : voters not organically evolved till now- thus nexus between politicians and
criminals
2. Corruption - increasing criminals in LS
3. Loop holes in function of ECI- MCC is openly flouted by candidates
4. Denial of justice and rule of law- only 40% cases against politicians transferred to Special
courts - that too have only 11% conviction
5. Criminals- though debarred from election - but continue high posts in party

Imapct of criminalisation

1. Law breakers become law makes - undermines Sanctity of Parliament

2. Loss of public faith in judiciary machinery - as criminals use delayed hearing, adjournment,
innumerable interlocutory petition to stall case progress
3. Tainted democracy - culture of money and muscle power
4. Self perpetuating- as party sees winnability factor in giving tickets

Way forward

1. Law commission
o Disqualification of tainted politicians at stage of charges formation with adequate
safeguard
o Filing false affidavit = corrupt practice liable of disqualification

🔊🔊 SC ruling on Criminals as Candidates of Political Parties

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 Mandatory for parties to publish, within 48 hrs of Selection or 2 weeks before nomination, the
details of cases against their candidates and reasons for selecting them over other candidates.
 Disclose the reasons to select candidate with reference to qualifications, achievement and merits
of candidate concerned, not merely winnability factor.
 Parties to submit compliance report to EC, if failed, EC has power to bring it to notice of SC
 Aim of this judgement - to reduce information asymmetry between citizenry and Political
Parties about criminalization of politics

Conclusion- SC observed that: 'It is one thing to take cover under presumption of innocence of
accused, but it is equally imperative that persons who enter public life and participate in law making
should be above any kind of serious criminal allegations. Though fears of false allegations are legitimate,
but the same can be addressed by proper legislation by parliament. Thus, time has come for parliament
to enqct law to keep criminals at bay from participating in politics.

Electoral Funding Issues

Issues

1. Opacity in donations - 70% anonymous donations

2. Lack of actions against bribes- ECI sought to insert Sec 58B
3. Unlimited corporate funding- lifted restriction on 7.5% ceiling - finance act, 2017
4. Foreign funding- amendment in FCRA thr Finance act, 2018
5. Lack of transparency - despite Sec 29 mandating parties to submit annual audit report

Consequences

1. Quid pro quo- donors demand favors in laws, govt contracts as returns on investment in
funding
2. Hamper political equality - as lobbying will be effective for certain groups only
3. Criminalisation of politics-
4. Free and fair elections - political outcomes hampered by financial capacity of candidates

Electoral Bonds

 Introduced in Union Budget 2017-18

 An interest free financial instrument for making anonymous donations to political party,
resemble to promissory note

Arguments favoring

1. Limits use of Cash in political funding

2. Curbs balck money as
o Only cheques, DD or electronic transfer
o KYC requirements
o Limited time of submission - prevents becoming parallel currency

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3. Protects donor from victimisation - non disclosure of identity

4. Eliminate fraudulent parties - as requirements
o 1% vote in last LS or SA elections
o Registered under Sec 29A of RPA
5. Sufficient safeguards- KYC norms and FEMA guidelines

Arguments against

1. Opacity - as ordinary voters cannot know about funding patterns

o Electoral bonds exempt from Sec 29C ie disclosure of source of funding
o Exempt fron IT Act
2. Possibility of corporate misuse- removal of 7.5% ceiling in finance act, 2017
o 🔊🔊 4 cities- Mumbai, Delhi, Kolkata and Hydrabad amount for 83% of all e bonds
o 91% of electoral bonds are of 1cr denomination.
3. Favors ruling party- One RTI shows that ruling party got 94.6% of total bonds in 2017-18
4. Weakens role of ECI- To check violation of RPA
5. Unchecked foreign funding
6. Harassment of donor possible - as SBI is state own bank which will hold all information

Self Regulation of Social media in election

 IAMAI issued 'Voluntary code of ethics for general election 2019'

Issues of social media

1. Fake news - Acc to IAMAI, just 2.7% indians verify info

2. Disparity of info
3. Data Mining - Cambridge Analytica
4. Violence - Muzzafarapur riots

Umesh sinha Committee report

 Amend Sec 126 to include print and social media + Internet + online version of print media
 Provisions to flag contents

Issues in Delimitation

 India- lowest number of MPs relativr to population

 Article 81- allocated seats asper popu
 Article 82- delimitation after every census
 42nd CAA- froze until 2001
 84th CAA- until 2026

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Issues from Unequal Representation

1. Malapportionment of Democracy - as after 2001 census, popu increased by almost 87%

2. Dilution of principle of 'one citizen one vote'
o Avg MP from RJ- 30 Lakh voters TN- 18 lkhs
 Thus value of vote in TN greater
3. Skewed representation across constituency - Leh being largest costi by area, is 3rd smallest by
no. of voters
4. Burden on representatives- increased 4 times as of 1952
5. Representation crisis- reachability of MPs
6. Don't include changing dynamics- as voting age was lowered in 1988- increased burden on
each constituency
7. Divide among states- creates classes as Politically imp VS less imp statez

Implications if delimitation removed

1. Family planning
2. Control of house by presiding officer- as rules are not followed
3. Productivity of Parliament - frequent disruption
4. Working of house- zero hour, etc have hourly window - thus difficult to include new memebers

Feminisation of Indian Politics

 Various levels
o Election and representation - 14% in 17th LS :Highest ever
o Office bearers- only 6 ministers in union council
o Participation in elections - 46.6%(1962)>>> 65.6% (2014)

Need for woman in politics

1. Constitutional mandate- Preamble =Justice and Equality

o Womans participation - indicator of effacious democracy
2. International Mandate- India signitory of UN CEDAW 1979 (Convention on Elimination of
Discrimination against Woman)
3. Corrupt practices - male legislator are 3 times likely have charges against them
4. Economic aspect- increase in woman and children concern in policy making
5. Efficacy in infra project implementation - as shown in study on PM GSY that woman MPs show
higher level of efficacy in completion of projects
6. Strengthen woman org for building inclusive society

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Proxy voting to NRI

 RPA (amendment), 2010: NRI who haven't acquired foreign citizenship can register at indian
consulate. (but voting only by physical presence)
 3 Kinds of voting

1. In person
2. By post (e-voting)
3. Through proxy

 RPA amend, 2017- amend sec 60 for proxy to nri

 Recommendation of ECI in 2015
 2003 for 'classified service voters' including armed forces
 Rules of 1960- physical presence
 Statistics - 16 million diaspora, but registered voter-only 24,000(95%in kerala)
 writ by nri in 2013-12 member comm
 Also change word 'wife' to 'spouse' for service voters (army personnel)

Cons

1. Trust deficiency
2. Secrecy of voting
3. MCC impossible to implement in abroad
4. No guarantee that vote is in free and fair manner
5. Principles of equality

Why to NRI-Pros

1. 114 countries allow such

2. Enable to enrish A326
3. Increase citizen participation

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4. Acknowledge nri contribution (psychological impact)

5. Significance in states like kerala where candidate can win by margins of nri votes

🔊🔊 Model Code of Conduct (MCC)

 MCC is set of behavioral guidelines for political parties and candidates for peaceful conduct of
elections, to prevent hate speech, malpractices and misuse of government machinery.
 Action against its violator usually takes form of advice, warning or censure. No punitive action
can be taken.
 It is often criticised for being toothless. However, according to Ex-CEC S.Y.Qureshi, its moral
authority far outweighs its legal sanctity. It's violation creates negative public opinion which
acts as deterrence for image conscious politicians.

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HEALTH
Stats for Health

1. Expenditure on Health - only 1.4% of gdp in 2017-18

2.
3. Under 5 mortality - 39 /1000
4. No. of health workers: 20.6 /10,000 (44.5 WHO recommended)
5. 71st NSSO round
o 85.9% of rural and 82% of urban have no access to insurance
o 17% of popu spend altleast 10% of House budget on health services

National Health Profile-2018

 Main findings

1. TFR- fallen below 2 child in 12 states + 9 states with 2.1 (Delhi, TN, WB- lowest TFR)
2. MMR showing declining trend- Highest in Assam, Lowest in Kerala
3. Huge gap in IMR Rural (41) and IMR Urban(25)
4. Just 1128 foeticides in 2008-16 (thus contry with sex ratio given in NFHS-4)
5. Lowest doctor to patients ratio- Bihar
6. Per capital Public health exp- Rs 1112

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National Health Policy, 2017

 Talks about Public Health Management Cadre (PHMC) in all states

Issues in Deployment of Human Resources in Health

1. Skewed distribution - 7/10,000 in JH, 67/10,000 in Delhi

2. Urban rural biases: only 36% workers in rural
3. gap betn Official estimates - various estimates shows no. 5 million, NSSO survey shows 3.8
million
4. Private sector dominance- 80% of HR in pvt sector
5. Large scale presence of unqualified health professionals - Quakers (only 1 of 5 doctors have
legal degree to practice)
6. Slow growth - only about 56,000 prossionals are produced per yr by medical clg whereas
population increasing by 26 million
7. 🔊🔊Report by NITI - Health System for New India: Building Blocks :

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o if health reforms are implemented then it would reduce about 45 per cent of out-of-
pocket expenses by 2030.
o Four focus areas for future Healthcare system-
1. Delivering on unfinished publuc agenda
2. Empowering citizens to become better buyers of health services
3. Integration of healthcare services to reduce OoP expenditure
4. Digitization of healthcare
o Revamping regulatory system for Nursing education for quality improvement
o To address shortage of doctors- link atleast 40% of district hospitals with medical
colleges + facilitate import of doctors especially of Indian origin working abroad.

Ayushman Bharat

Significance

1. Road to universal coverage - NITI points out that scheme will increase public spending on
health around 4% from 1% currently
2. Transformation - empanelled hospital have to follow treatment guidelines >>patients outcome
will be monitored
o Rationalise cost of care in private sector- move from Low volume high return to High
volume fair return
3. Poverty reduction - as 1 of 8 families spend 25% of household budget on health
4. Employment - professionals especially woman
5. Convergence of effort- RSBY + SCHIS

Issues

1. Insufficient allocation- NITI estimated ₹12,000 cr, govt allocated only ₹2,050 cr
2. Administrative issues- as health is state subject
3. Not covered Outpatient care
4. Coverage - some states scheme s have wider range of beneficiaries eg- KR covers all residents
>>>thus reluctance to adopt scheme
5. Sustainability of insurance companies - as govt set premium of ₹1,050>> which companies
finding very low

HIV/AIDS Act

Salient features

1. Prohibition of Discrimination - denial, termination, discontinuation, unfair treatment wrt

employment, education, health, residential, insurance
o No need of prerequisite test for obtaining employment
2. Informed consent- treatment to patients only after informed consent, Sterilisation or abortion of
woman only after consent

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3. Disclosure of HIV status- every establishment to keep information protected

4. Confidentiality of data- every establishment shall adopt data protection measures for hiv data
5. Central and state govt to take welfare measures- disgnostic, anto retroval therepy
6. Welfare of children - govt to take steps + any person who is above 18 who can manage affairs
of his hiv affected family can act as guardian for child
7. Right to reside in shared household - No isolation
8. Ombudsman - every state to appoint within 30 days of act + ombudsman should act within 30
days otherwise ₹10,000 penalty

Other steps for HIV

1. Mission SAMPARK- to bring back

2. CSectorS National AIDS Control Programme (NACP)
3. Prevention from Parent to Child Transmission Programme (PPTCT)
4. 90:90:90 strategy
5. Extension of support to African nations

Alma Atta declaration, 1978

2018 Astana declaration - reaffirm alma atta declaration

Antibiotics Resistance

Reasons

1. Overuse of antibiotics
2. Not completing full course of antibiotics
3. Entry thr foodchain(e.g.- fish)
4. No new antibiotics
5. Poor infection control in hospitals
6. Poor disposal of wastage from hospitals

Effect

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1. 'Sepsis' disease in newborn-58000 deaths per yr

Way
Govt steps

 Imp antibiotics placed in sch H1 of drugs and cosmetic rules, 1945

 National action plan, 2017-

1. Restricting antibiotics use as animal's growth promoter

2. Stds for discharge from pharmaceutical firms

Lancet 'countdown 2018' report

Highlighted growing problem of HEATWAVE in india

 Avg length of heatwave in india gone from 0.8-1.8 days to 3-4 days
 60 million heatwave exposure events in 2016
 75 Billion hr labour loss in india due to HW in 2017- specially in agri
 Increase in intensity and frequency

Way

1. Use climate fumd under Paris CC agreement

2. Identify sensitive zones
3. Insurance coverage

Heatwave- conditions by IMD

1. Increase in temp by 4.5C - 6.4C than normal

2. Increase more than 6.4= severe heat wave
3. Temp more than 45C=heat wavr
4. Temp more than 47C=severe HW

Attack on Doctors

Why

1. Social Perception: to show love towards deceased relative

2. Doctor-Relative communication breakdown: junior doctors communicate with relative
3. Less no of doctor= problem to handle emergency situations =late treatment =death= anger of
relatives
4. High fees

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WHO appraise SBM-G

FINDINGS

1. 3 lakh death prevented in 5 years(2014-19) of diarrhoea

2. Prior 199 million cases of diarrhoea each year
3. 19 states and UT ODF
4. 14 million DALYs reduced
5. Rural coverage - 89.07%
6. 7.9 cr toilet build
7. 4.9 Village ODF

ODF, ODF+, ODF++

ODF: if at any point of time, not a single person is found defecating in open
ODF+ : if ar any point of time, not a single person is found defecating and Urinating in open + all
community and Public toilets are functional and well maintained
ODF++: adds one new condition - septage and sewage is managed and treated with no discharging of
untreated faecal sludge in drains, water bodies or open areas

Swachh Bharat Abhiyan

Criticism

🔊🔊 Public Health Emergency of International Concern (PHEIC)

 Declared under International Health Regulations (2005)

 'an extraordinary event determined to constitute a public health risk to other states through
international spread of disease and to potentially require a coordinated international roaming
response'

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 Only 4 declared till now- H1N1, ebola, zika, polio.

🔊🔊 NEET constitutional Validity

 NEET- for admission to under graduate and post graduate cources

Issues

1. Minority institutions- large no of prominent medical institutions are Minority institutions with
having fundamental right to administer their institutions (article 30)
2. Language issue- NEET only in English
3. CMC Vellore case (2013) - SC held NEET as unconstitutional

SC judgment (2020)

 Upheld the constitutional validity of NEET

 "such regulatory measures aimed at improving public health by way of introducing transparency,
recognising merit and weeding out malpractice in matters of admission can be imposed."
 "right ot minorities to administer their institutions does not include the right to maladminister in
derogation of public interest"

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TRANSPARENCY &
ACCOUNTABILITY
RTI

 India ranks 6th in Global RTI ranking conducted by Transparency International

Problems with RTI

1. Rejection rate- acc to CIC annual report 4 of 10 rejected

o SC in RBI VS Jayantilal Mistry (2015) observed that public authorities evade access to
rightful info available under ambit of RTI
2. Girish Deshpande case- SC ruled that relationship betn Govt and employees is personal one,
thus information relating to govt servent cannot be disclosed unless applicant proves that it is in
public interest
3. Pendency - 31,000 alone in CIC (9,000 of that are more than year)
4. Non appointments of ICs- only 4 out of 10 are appointed
5. Killing of RTI activist- Acc to CHRI, 84 killed since 2005
6. Section 24- Providing exemption to 26 organisations
7. Section 8- giving 10 exemption like national security, sovereignty, foreign relations
8. Absence of enforcement provisions - toothless
9. Section 2(h)- "Public authority" is mojor bone of contention
10. Inadequate training to PIO- acc to CHRI- 45% do not receive training
11. Continuous dilution- Recomm of srikrishna comm about sec 9, recent RTI amendment act 2019
12. Official Secrets Act- used as blanket for denying information
13. Misuse- SC in CBSE case (2011) observed that situation should not be such that 75% of public
sevents and majority of their time be devoted to rti
o 2019- CJI observed growing of 'RTI industry' and emergence of RTI activism as
profession. + issues of blackmail and extortion. Thus need of review to see possible
inclusion of locus standi in RTI.
o Section 6 of RTI- An applicant making request of information not required to give any
reason or personal details except details required to contact him.
14. Issue of NGOs under RTI-
o DAV college case (2019)- NGOs, who are substantially financed by govt, comes under
RTI. Substantial financing does not mean over 5%,but will be decided on case to case
basis.

Way forward

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1. Shourie Committee 1997

2. 2nd ARC
o Repeal OSA and substitute by chapter under NSA
o Selection comm of PM + LoO + CJI
o Protect whistle-blower
o All govt official- one day mandated training on RTI
3. Redressal mechanism
o Delhi govt 1997- public grievance commission
4. Application to Judiciary -
5. Remove exemption for certain org under Sec 24
6. 2019- CJI proposed the need of certain guidelines and inclusion of locus standii to filter out
frivolous complaints.

Issue of Public Authority

 Sec 2(h)- defines public authority : any authority, body or institution established or constituted:
o By constitution
o By law of Parliament /State Legislature
o Body owned, controlled or substantially financed by appropriate govt
o NGO substantially financed, directly or indirectly by funds of appropriate govt.
 Delhi HC - mere estd by statute does not render authority under RTI
 Differing interpretation of definition
o 'Control'
 Some courts- interprete it in Art 15
 Some courts- argues that regualtion and supervision cannot equated with
control
o 'Substantial financing' - not defined in act, thus court discretion
 Recently decided by SC- includez direct and indirect.

RTI and Political Parties

Arguments in favor

1. Need of transparency in funding - ADR-70% Anonymous funding + FCRA

2. Political parties are vital organs of state- CIC: role played points toeads public character
+ perform fun like govt bodies and ultimately forms govt
3. Parties are Public authorities - CIC: enjoy benefits like concessional land for office + free slot on
radio + electoral rolls >>> hence under Sec 2(h)
4. Larger public interest- Law commission : intraparty democracy, transparency

Arguments against

1. Obstruct party functioning - disclosure will hamper smooth functioning

2. Tool of misuse - by rival parties
3. Not 'Public Authority' - not estd by constitution + even registered under RPA 1951 which is not
same as govt dept

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4. Transparency provisions already exists- in statutes like IT act, 1961 + RPA 1951
5. Information already in Public domain- required info already on website of ECI
6. Not envisaged in RTI act- to bring parties

Official Secrets Act

 India's anti-espionage act enacted in 1923

 Dealing with espionage, sedition, and other potential threats to integrity of nation
 Two aspects-
o Sec 3- spying or espionage
o Sec 5- disclosure of secret info

Concerns with OSA

1. False allegation- recently acquittal of ISRO scientist Nambi Narayan

2. Lack of clarity- not defined 'secret' nor identified any parameters
3. Conflict with RTI - even though Sec 22 of RTI gives overriding power, but govt denies info based
on Sec 8 and 9 invoking clause 6 of OSA
4. shoots the messenger - attempt of target and criminalise whistle-blower is against right to
expression
5. Against journalists ethics- forced to reveal info source

Efforts taken to review act

1. Law commission in 'Offences against National Security' - merely as any circular is named
confidential must not attract provision of act (but favoured to retain act)
2. 2nd ARC- repal and replace by chapter under NSA
3. High level panel under Home Ministry in 2015- make more transparent and in line with RTI
4. Delhi HC in 2009- publishing document labelled as 'Secret' must not attract provision of act

Section 4 of RTI

 Context - Recent 'transparency audit' by CIC found

o 85% of public authorities do not disclose info on budget, e governance initiative, Public
interface

Reasons for non compliance to Sec 4

1. Lack of awarness among PIO - annual report of SIC suggest 85% of PIO do not know basics of
RTI
2. Demand based supply of info- furnish info based on demand
3. Poor quality of info provided - obsolete in nature, illogically arranged, difficult to interprete,

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4. Obsolete Record management guidelines - of Centre and State govt-Lack of any electronic
document management system
5. Neglect of record keeping - leading to provide bulk of unprocessed info
6. Lack of Accountability

Importance of Proactive Disclosure

1. Limiting Corruption - keeps official under constant watch, more Accountability

2. Increasing participation - empowers citizen and give voice
3. Equality in access to info for all
4. Security - as Requesting info can sometimes dangerous - 84 Activists killed (CHRI)
5. Improving information management - reduces administrative burden + increase reach of info

🔊🔊NGO and Foreign Funding

 Regulated under 2 legislations- FCRA and FEMA

FCRA

 Regulates acceptance and utilization of foreign contribution by individuals or association and

prohibit acceptance and utilization of foreign contribution which are detrimental to national
interest.
 Under MoHome Affair
 Conditions for licensing of NGO for foreign funding-
o Existence since 3 years and spending atleast 10,00,000 over 3 years
o Must have undertaken reasonable activity in its field for which funding is sought.
o Renew license every 5 years
o Not to spend more than 50% of foreign contribution received in year to meet its
expenses without govt approval.
o 2017 MHA- receiving FF into single designated bank account.
o File affidavit that NGO not involved in any activity of religious conversion or prosecuted
for communal disharmony.

FEMA

 To consolidate and amend the law relating to foreign exchange to faciliate external trade and
payments
 Under MoFinance

Other regulations

 Labour laws- EPF if 20+ employees

 Accreditation - NITI As nodal office for registration and accreditation of NGOs seeking funding
from govt

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JUDICIARY
Problem of Pendency of cases

Facts

1. More than 3.14 cr cases pending

2. Even though section 301 of CrPC provides for holding trials of cases expeditiously, but open
secret of enormous delays

Reasons

1. Shortage of judges- Around 18/million judges (UN recomm 50/ml)

1. Burden of govt cases- LIMBS shows that Government litigations-47% + Failure of National
Litigation Policy
2. Frequent adjournment - not follow rule of max 3 adjournment per case
3. Judge-docket ratio : 987 in India, 3235 in USA
4. Judges vacation- works 188 per yr, while apex court specified minimum 225 day work
o 190 working days in 2019, while 244 for central govt dept
5. Obselete laws and ambiguities in some laws- increases pendency
6. Special leave jurisdiction - increases 40% of courts pendency
7. Curative Petitions- filed by accused after dismissal of review petition on final verdict of Supreme
Court (invented in Rupa Ashok Hurra case)
8. Increasing literacy - approach to courts
9. Ineffective and delayed investigation

Impact of pendency

1. Justice delayed is justice denied - speedy trial is right under Art 21

2. Weakens social infra- lower per capita, poor public infra
3. Overcrowding of prisons- 68% undertrails
4. Affects economy - Eco Survey 2017-18: EoDB

Way-

1. Law commission - Division of Supreme Court into 2:

o Constitutional court
o National court of appeal- regional benches for appeals from High courts and tribunals.
2. Improve infra- Acc to Parliamentary standing comm
o Timeline for computerisation - for e courts
3. 120th Law Commission

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o All India Judicial Services

o Appoint efficient and experienced judges as Ah hoc judges
4. Increase no of working days-
5. Better court management and Reliable data Collection
o Eco survey 2018-19: indian courts and Tribunal service for administrative support
functions
o Justice M. Jagganatha Rao Committee - Case Flow Management (CFM) Rules for
reducing pendency
6. ADR- Justice sri krishna comm
o Good step- amended Indian arbitration act, 1996 in 2015 to provide alternative ADR
7. Purge and group of cases
8. National District Judge Recruitment Examination- as mooted by Supreme Court
9. Concept of Evening Courts- taking help of retired judges and Law Graduates

Judicial Accountability

Areas where Accountability lacking

1. Appointments
2. Removal of judges- Article 124 and 217 too complex
3. Conduct of Judges- allegations of corruption (justice Ramaswami case), sexual harassment,
post retirement offers
4. Opacity in operation - recent press cenference
5. Information asymmetry with judiciary - virtually kept itself out of RTI as Supreme Court Rules
undermine rti in Timeframe, appeal mechanism, no penalty for delays
6. Contempt of court
7. Judicial overreach

Steps taken

1. Draft MoP 2016

2. 1997- SC adopted charter called 'Restatement of Values of Judicial Life'
3. Bangalore Principles of Judicial Conduct 2002
4. Judicial std and Accountability bill, 2010
1. National judicial oversight comm (for complaint against judges)
2. Complaints scrutiny comm
3. Investigation comm
5. SC aaproves Live streaming of cases for greater Accountability

Way forward

1. New Judicial std and Accountability bill- new architecture for public complain against judges
2. Amend Contempt of court act-
o Cases be tried by independent commission

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o Remove vague words like 'scandalizing'

3. Two level judicial discipline model- first level giving some immunity, second level for grave
misconduct
4. Independent Judicial Lokpal

🔊🔊CJI office under RTI

Subhash Agrawal case (2019)- SC ruled that CJI office is "public authority" under RTI

 'When public interest demands disclosure of information, judicial independence has to be kept in
mind while deciding question of exercise of discretion'
 Judicial independence sbould not be understood as can be achieved by denial of information
access
 Accountability and independence go hand in hand as accountability ensures, and is facet of
judicial independence
 SC gave 2 step test to balance between RTI and RtPrivacy
1. Whether there is reasonable expectation of privacy
2. Whether on ultimate privacy analysis, does privacy give way to freedom of expression
 Order, though significant, but a minor victory as district courts are often not transparent, which is
first point of contact to litigants.

Issues with RTI in district court

1. Sec 28 of RTI enables 'competent authority' such as High Court to frame a rules, but 4 HC even
did not notified the rules
2. Much of discretion to PIO in district court level
3. No proactive disclosure under Sec 4 about expenditure, administrative procedure.
4. No easy access to info on websites

Judicial overreach

 Ram Jawaya VS SoPN (1955)- broad SoP- organs should not encroach upon each others
domains

Cases of overreach

1. Arun Gopal VS UoI (2017)- fixing timing for bursting firecracker + ban on non greeen firecracker
2. M. C. Mehta VS UoI (2018)- amended Central Motors vehicle rulez 1988 to ban sale of BS-IV
vehicles from 2020
3. Subhash Kashinath Mahajan VS SoMH (2018)- amended provision in Atrocities Act, 1989
4. Rajesh Sharma VS SoUP(2017)- Family Welfare Committee to screen cases of Sec 498A

Can there be woman/SC/ST reservation for SC judges

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 Parliamentary Committee in it's '84th report on demand of grants' - - suggested law ministry to
take step to provide 50% reserve for woman in SC

Law Ministry Objections

1. Appointments based on Article 125 and 217

2. No provisions for reservation in these articles on basis of gender, class, etc

Issue of post retirement job offer by govt

context-

1. Justice Goel- as chairman of NGT on day of retirement

2. Justice Agarwal- as Chairman of NCRC (consumer redressal)

Constitutional provision -

1. Article 124- no Judge of SC shall accept any office

2. Article 220- judge of HC

Employment - Yes

1. Statutory provisions - in acts of NHRC, NCDRC

2. Productive utilisation of Human Resources - as judge of HC retire at early ages
3. Valuable experience and insight
4. Constitution - puts no bar on post retirement work

Employment - NO

1. FAvourism
2. Sanctity of judgements will be questioned inspite of merits
3. Public faith in judiciary
4. Separation of power- reduces distance betn judiciary and executive >> perception of bias
5. Conflict of interest- as govt is both appointee and litigant in tribunals and constitutional bodies
6. Politicisation of judiciary- criticism by opposition partie- affects judicial credibility

Worldwide practice -

1. US- judges do not retire

2. UK - high retirement age- 70 years

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Way ahead

1. to include cooling off period

2. Independent body of retired judges to select post emply wale judge
3. Amend constitution as in Art 148 (debars CAG), Art 319 (debars UPSC members)
4. Amed existing laws to remove requirements of judge
5. Increase age of retirement

Power of contempt of Court

 Where? -
o Constitution - Article 159, 142, 215
o Contempt of court act 1971
o Article 19(2)
 Types-
o Civil- wilful disobedience
o Criminal - scandalising authority of court, interfere in admini of justice

Arguments against

1. Curbs freedom of speech and expression

2. Need of judicial Accountability
3. Vague grounds- 'scandalizing authority'
4. colonial legacy- even abolished by UK in 2013
5. Curbing dissent

Why necessary

1. Punish non compliance - to maintain confidence in judiciary and rule of law

2. Enforce equality before law- tool against rich and wealthy
3. Law commission in 274th report- no need of change in 1971 act. On the contrary, act limits vast
powers of contempt given by constitution
4. Maintain credibility and efficiency of judiciary
5. Independence of judiciary

Lower Judiciary

FACTS-
1. From 22000,around 5000 vacant
2. Vacancies - Meghalaya - 59.8% , UP-42.2% BIHAR-37.23%
3. Good record - MH, WB

Issues faced by Subordinate courta

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1. Issue of recruitment - As per Survey 2018-19: Subordinate courts working on 79% of

sanctioned stregth
2. Pendency of cases- Survey: 87.54% of total pendency
3. Delays in evidence collection amd examination
4. Lack of infra - lack of legal and para-legal staff +lack of funds
5. Efficiency - Survey : backlogs in lower courts can be cleared at full strength with
efficiency gain of 24.5%

Way

 Malik mazhar VS UPPSC 2017

o Timeframe in lower judiciary appointments
 321 days- civil judge exam
 183 days- District judge exam
 Law ministry working with SC to conduct nationwide exam to fill 6000 vacancies in lower
judiciary as one time measure (not permanent)
 Life cycle analysis of cases- survey suggest maximum time at 'evidence' stage and 'framing
charges' state
 AIJS - as suggested by 120th report of Law Commission

All India Judicial Services (AIJS)

 Recomm by NITI in 'strategy for India @75' >> UPSC will conduct test for lower judiciary

Constitutional provision

1. Art 233 & 234- HC power to appoint District and other judges
2. Article 312- RS can give powers to form ALL INDIA SERVICE

Pros

1. Fill vacany- as exam by UPSC

2. Proper representation to various categories

Cons

1. Not all states have bad track record to fill vacancies - MH, WB - good record
2. no guarantee that vacancies will be filled- UPSC>>>AIS>>>22% vacancies
3. 12 states already provided reservation for categories +3 even given women reservation >>> will
be hampered as AIJS do not hv woman reserv
4. loss of state OBCs - as asper SC judgement - obc in that state only

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Draft Memorandum of Procedure, 2016

 On direction in 2nd judge case in 1993

 Provisions

1. "Merit and Integrity" -primary criteria for appointment of judges higher judi
2. Performance Appraisal for promotion as CJ of HC
3. Reasons in writing- if any judge is being overlooked
4. Three judge quota- for distinguish jurist from bar
5. Permanent Secretariat - To assist collegium in its working
6. Veto- govt insist to veto elevation of judge to SC in 'national security' and 'larger public
interest'

Issue

1. Reason in writing- govt argues that necessary for transparency, SC counter argues that it will hurt
that judge's appointment in 'future point of time'
2. Veto asked by Parliamentary committee

Victim impact assessment

Victim or her/hus family member should have say in punishment of guilty /offender

Mallikarjun Kodgil VS SoKR(2018)- SC:need to have victim impact statement "so that an appropriate
punishment is awarded to the convict"

What is it?

 Oral or written statement by crime victims about how crime has impacted them
 Various kinds of info can be given- lost wages, reputation, medical expenses, damage to property,
personal loss

Need

1. Victim not considered as victim- in Indian criminal justice system, victim=heard as witness
during trail, (even word 'victim' was added in criminal laws in 2009!!)
2. Representation - by prosecutor, thus no proper expression of victimisation
3. Legal obligation - police, prosecutor and courts have no substantive legal obligations towards
victims
4. Accused centric criminal system
5. SECONDARY VICTIMISATION - marginalisation during trial
6. Not represented in crucial stages of case- like framing charges, granting bail
7. IPC- One size fits all approach >>No flexibility in charges Framing acc to circumstance

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UN 1985 Declaration of Basic principles of Justice for victims of crime and Abuse of power -

1. give proper representation to victims during trial stage

2. Victim rights and reasonable protection
3. Called for significant reforms in criminal justice system

Benefits

1. Proper punishment - IPC>>No fixed punishment provisions >>>but ranges (ex-3 to 7 years)
>>>subjectivity >>>thus VIA help judges to allot proper punishment
2. Proper representation - even accused is heard, but not the victim!! >>thus give oppo to
represent

Witness Protection Scheme

 By SC under Article 141/142

 Though earlier provided in NIA act, but now applicable to all kinds of witnesses

Committees and judgements

1. Zahira sheikh VS SoGJ- SC observed need of witness protection for free and fair trials
2. 14th Report of LC - need
3. 4th Report of National Police Commission (1980)

Need for Witness protection

1. Rule of law- to ensure that trial is not prejudice by threat to witness- thus efficient criminal
justice delivery syste.
2. Rights of witness- while accused have range of rights, witness have limited rights
3. Threat to witness- in scams like NHRM (UP), Fodder scam in Bihar: witness were killed
4. International practice - US, UK, Canada

Purpose

1. Protection to witness according to threat level

2. Fair investigation, ensure justice, free and fair trial
3. Threat perception

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Imp provisions

1. Procedure
o Order passed by Secretary, DLSA
o Threat analysis report by ACP/DSP on directions of DLSA
o Responsibility and implementation - Witness protection cell
2. Physical safety
o Ensure witness and accused do not come face to face
o Concealment of identity of witnesz
o Regular patrolling around witness house
3. Technology
o In camera trials, video conferences
4. Judicial support
o Hold regular and expeditious trials without any delays
5. Financial provision
o Witness Protection Fund- for relocation

Challenges

1. Witness protection fund- funds from state or voluntary org, No central funding (Lae Commission
recommended to share it between c&s)
2. Changing identity of victim - very difficult
3. Lack of resources - manpower with police (136/ lakh)
4. Right of accused - to establish authenticity of witness
5. Privacy of witness- in case of physical protection
6. Time frame of protection - as cases require lot of time

Tribunals

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Finance Act 2017-

1. Central make rukes for conditions of service, tenure, qualifications, appointment of

Chairperson and member of tribunal
2. Central have power to amend list of tribunals thr notification
3. Replaced certain tribunals
4. Brought numbers of tribunls from 24 to 19

Supreme Court (2019)- strucked down the amendment

Issues with amendment

1. Reduce parliamentary scrutiny-

2. Dilution of judicial independence - as SC held in 2014 that as Appellate Tribunal have similar
power as HC- thus must be free from executive
3. Unclear rationale- for replacing certain tribunal
o Eg- NCLAT replaced Competition Appellate tribunal, but question on its expertise to deal
with anti competitive matters
4. Affect independence of tribunala as NGT

Problems with Tribunals

1. Violation of SoP- As controlled and manned by executive

2. Judicial Independence - SC observed in 2019 case that Tribunals are virtually subjucated to
departments as far as administrative matters are concerned
3. Conflict of interest - as govt is both appointee and litigator
4. Inadequate constitutional protection- as appointment and service condn are not fixed
5. Undermine authority of judiciary - initially direct appeal to SC, but struck down in
ChandraKumar case 1997
6. Increasing pendency- 3.8 years
7. Geographical availability - not as accessible as HC- makes expensive and difficult to access
8. Overlapping jurisdiction - diff tribunal working under diff ministries have similar functions
9. Huge vacancies

Way forward

1. Law commission
o Qualifications - if transferred functions of HC- then must be qualification of HC judge
o Appointments - common nodal agency under law ministry to ensure uniformity
o Selection of members- Seperate selection comm with equal judicial and administrative
representation
o Increase geographical accessibility
2. Supreme Court in 2019 verdict- need of National Tribunal Commission and All India Tribunal
Service

Conclusion - Madras Bar Association VS UoI

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 Tribunals must posses to qualify as being "efficacious alternative remedy" as envisaged in

Article 226

Fast track Courts

 SC in Hussainara Khatoon case : speedy trial is FR under Art 21

 Estd in 2000 for long pendency in sessions court and undertrials
 On orders of HC
 No centram funding since 2011- thus on mercy of states
 14th FC- advocated additional 1800 FTCs

Issues

1. Insufficient number of courts

2. No adequate judges- already crunch of judges in lower judiciary
3. Heavy workload - as case allotment increased, led to slow down and compromised quality
o 6.5 lakh pendency
4. Lack of infrastructure - often housed in existing courts- compromises efficiency
o No infra for Video conference of victims in cases of rapes and terrorism
5. No special procedures - thus continue sluggish judicial process despite being 'fast track'
6. Financial bottleneck - After SC in Brij Mohan Lal case clarified that funding by states

Judiciary on religious reform

Reforming 'Essential Religious practices'

 Indian Young Lawyers Asso VS SoKerala- opened Sabarimala - struck rule in Kerala Hindu
Places of Worship act, 1965which allowed ban on women if custom directs
 Triple talaq case- gemder equality and individual rights triumph over religious freedom

Religious practice VS individual Rights

 Bombay HC- removed ban on entry of woman in Shani Shingnapur and Haji ali Darga
 Supreme Court - Muslim Women have right to adopt child even though personal laws do not
agree
 In cases of Cow vigilantism and mob lynching - state have positive obligation to protect
individual rights

Checking interference of state

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 SC upheld decision of KR HC to revoke takeover of Gokarna temple by KR state

 Jagganatha puri temple case-SC questioned govt need to control temple + appointed amicus
curiae for temple reforms

Views of Dr. Ambedkar

 In constitutional assembly- advocated of primacy of individual rights over religious rights

because individuals are primary unit of social system
 Thus rejected inclusion of personal laws in Right to Freedom of religion

🔊🔊Sabarimala verdict

 Irrespective of decision, the case has triggered much needed debate on principle of gender
equality in secular, constitutional democracy like India
 This will also force court, and society too, to address the fact that while faith is important, in
case of discriminatory practice, it is subjected to rule of law
 Minority judgement refers that:

 On Essential practice - when there is internal dissent on practice, its essentiality to religion
becomes questionable
 Issues in sabarimala verdict
o Essential religious practice
o Article 14 VS Article 25
o Constitutional morality
o Locus standii of petitioner
o Mandate of judiciary to reform religion

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o Expansion of case to other matters

Essential Religious Practice

 Invented in Shirur Matt case (1954)

o court held that the term “religion” will cover all rituals and practices “integral” to a
religion
 Applied in Ismail Faruqi case (1994)
 Anandi Margin case - Tandava is not ERP of Anandi Margi faith
 Santhara case- Santhara does not happen to be ERP in Jaina faith

CONSTITUTIONAL
BODIES AND POSTS
Lokpal

Salient features of Lokpal and Lokayukta Act, 2013

1. Institutional mechanism - lokpal for union and Lokayukta for states to inquire into allegations of
corruptions in certain public functionaries
2. Composition - chair +8 (other requirements as 50%)
3. Appointment process- 2 stage
1. Search comm
2. Selection comm
4. Jurisdiction -
o who is or has been PM, minister of union, MP, official A, B, C, D
o Any society or trust or body with foreign contri more than ₹10 lakh
o Members of bodies estd by act of Parliament or wholly or partly funded by Centre
5. Exception to PM
6. Salaries, allowances and services condn- like CJI and SC judge
7. Inquiry wing and prosecution wing
8. Power wrt cbi- superintendents + transfer approval
9. Clear timelines
o 2 month- inquiry
o 6 month- investigation
10. Confiscation - even if prosecution is pending
11. Expenses charged on

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Pros of Act

1. Wide jurisdiction
2. Empowers citizen to directly complain to lokpal- thus hold authorities accountable
3. Extraterritorial jurisdiction - within or outside india
4. Special courts and clear timelines
5. Provisions for prosecuting and punishment for false and frivolous complaints
6. Issue direction to investigation agencies like CBI, CVC - thus act independently of govt

Issues

1. Requirement of govt approval- no power to lokpal for prior sanction

2. Timeframe- shall not inquire into complaint made after 7 years of date of offence
3. No suo motu
4. Constitution of lokayukta- act mandated within 1 yr, many statez not did till now
5. Power and jurisdiction of lokayukta- state legislature free to decide

Way forward -

1. Give constitutional status to make truly independent of political intervention

2. LoO must be amended to Largest opposition party as did for cbi directors, CVC
3. Protection for whistle-blower as demanded in Jan Lokpal bill

Central Bureau of Investigation

Issue of autonomy

1. Legislative problems
o Functions based on govt resolution which draws power from DPSE act, 1946
o Dependency on state govt for cenrtain cases
2. Administrative hurdles
o Single directives by govt
 1997 vinit narayan case-struck down single directives
 CVC act, 2003- again introduced single directive (SC again strucked
 POCA amend 2018-again single directive
o Dont have own cadre- officers on deputation - prone to political interference
o Internal conflict as seen in recent case
3. Overlapping jurisdiction
o Betn CBI, CVC, Lokpal
o Conviction rate= 3%
4. Political pressure - SC 2013- 'caged parrot speaking in its masters voice'
5. Lack of transparency - exempt from RTI

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Recommendations

1. Jaswant Singh Comm- statutory status

2. Parliamentary standing comm 2008- strong legal mandate, infra and resources
3. Pan India jurisdiction +All india services
4. Own cadre- can continue process of direct recruitment by UPSC which was stopped in 2000
5. Anti corruption wing of cbi and cvc can be brought under lokpal
6. Granting autonomy - responsible only to Parliament

Issue of general consent

 Kazi Dorji case 1994- still can investigate old cases registered when general consent existed
 New cases filed in Delhi regarding servents of states who withdrew consent can be investigated
 SC or HC can assign cases without states consent

NCBC

NCBC constitutional status

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 NCBC-Outcome of Indira Sahney judgement, 1992>>> NCBC Act, 1993

 Not yet empowered to look into grievances of persons of OBCs
 Advice to CENTRAL GOVT on issues related to BCs
 Inclusion of caste as OBC (first time notification) - By prez after consulting state Governor

102 CAA

 Added 2 articles
o Article 338B- composition, mandate, function
o Article 342A- empowers president to notify list of SEBC of State/UT
 Amended Article 366- Inserted clause 26C providing definition of Socially and educationally
backward classes- such backward classes as are so deemed under Article 342A for the purpose,

Criticism - dissent notes in RS Select comm (headed by Bhupender Yadav)

1. Encroachment on state role for determination of BCs

2. Advice of NCBC not binding on govt
3. No qualifications prescribed by members
4. No provision for woman members

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CENTRE-STATE
AND INTER STATE
RELATIONS
Art 35 A: What is it

 Article which gives J&K assemble blanket veto to decide on who constitues 'Permanent
Residents' and endow them some special rights and privileges

Art 35A: Significance

1. Keeping intact demography of kashmir and Feeling of Kashmiriyat

2. Gives effect to legislative history of constitutional status of J&K
3. Ensures that property, jobs are not abused by outsiders
4. Helps state to exercise autonomy given under Instrument of accession
5. It is not unlimited, there are certain restrictions

Issues with 35A

1. Constitutionality of provision - inserted by Presidential order

2. Discriminatory provisions- creating 'Class within class of Indian citizens'
3. Denies autonomy to Kashmiri Woman- dismembered if marries outsider
4. Insecurity of kashmiri masses- psychological barrier
5. Article 14, 15 and 19

Counter arguments

1. If removed, then legality of Presidential Orders issued under 370 will be questionable
2. Article 35A Predates basic structure theory of 1973- thus cannot be tested on touchstone of
constitution
3. Similar provisions for certain other states- examples :Article 371D jobs in Andhra Pradesh

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4. SC in Puranlal Lakhanpal Vs President of India 1961 clearified that president can modify
constitution for article 370, but judgement is silent on whether prez can insert new article
5. Though not passed under artcle 368, but inserted on recomm of constitutional assembly of
state thr prez order

Article 370

 part XXI of constitution dealing with 'Temporary, Transitional and Special provision'
 Revocation - Clause 3 of Article 370- President by Public Notification

Arguments in favour of revocation

1. Obstacle to integration - property purchase, set any industry or manufacturing unit

2. Inhibits flow of investment - limiting employment opportunities for youth
3. Unemployment and poverty - promotes militancy
4. Constitution says it temporary

Arguments against

1. SC judgement in 2018- Article 370 gives special status to J&K and is not temporary provision, it
has acquired permanent status thr yrs of existence, thus making its abrogation impossible
o Santosh Kumar case (2017)- SC: due to historical reasons, J&K had a special status
o Kumari Vijayalaxmi Jha case (2018)- Delhi HC rejected argument of 370 being
temporary
2. Effective erosion of Article 370- 94 of 97 Union entries, 260 of 395 Articles have been extended
to state
3. Fear of alienation
4. Internationalisation of issue
5. Link between Union and State- uncertainty

Two contradictory SC verdicts

1. Prem Nath Kaul VS SoJ&K (1959)- Article 370 valid only until Enactment of J&K constitution (26
Jan, 1957), further no changes can be made to relationship between centre and J&K
2. Sampath Prakash VS SoJ&K (1970)- ignored Prem Nath Kaul verdict and stated that Article 370
was of permanent nature and "Perennial Source of power" to guide relationship between Centre
and J&k

6th Schedule

 Article 244- Tribal areas

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 Why 6th schedule

o Not assimilated with life and ways of other people of state
o Still have roots in their culture, customs and civilization

Provisions

1. Autonomous District - each AD have ADC and each Autonomous region has Regional council
having 30 members
2. Legislative power- laws on certain matter like land, forest, canal water
3. Judicial power- Council can constitute village council or court for trials (HC juri determined by
Gov)
4. Regulatory Power- estd, construct and manage public schools, markets, roads + regulate trading
and money lending by non tribals
5. Tax revenue collection - asses and collect land revenue and impose certain specified taxes

Issues with Autonomous Council

1. Overlapping functions with states- matters are not fully transferred to council
2. Lack of skillex professional - results in ad hoc conceiving and implementation of projects
3. Lack of clarity on Governor role- whether individual discretion or advice of council
4. Lack of codification of customary laws
5. Misuse of funds- example:NIA investigation on Bodo Territorial Area Council
6. Lack of efficient use of existing powers

125th Amendment Bill

1. Village level bodies - Provision for elected village municipal councils which will be empowered
to prepare plans for eco dev and social justice
2. Finance Commission to recomm devolution of funds to council
3. Increase in number of members of council
4. 1/3rd seats be reserved for woman in village and municipal councils

Centrally Sponsored Scheme

 N K Singh- need for further Rationalisation of CSS

CSS

 Plan tranfers to states by union ehich are implemented by states and in sectors falling in state or
concurrent list
o Forms biggest component of Central Assistance to state plans (CA)

Need of CSS

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1. Create National framework of development - fulfil imp national objectives like poverty
alleviation
2. Aid states in financial resources - as have few resources
3. Inclusive growth - additional help can be given to SCS states to ensure balanced dev in country
4. Better implementation - set a pace for states to emulate reform

Grievances regarding CSS

1. Encroachment on state functions - as framed on subjects in state list

2. Proliferation of schems- large no of schemes causes resources spreading, thus affecting
outcomes
3. One size fits all - many schemes simply not relevant to many states
4. Limited flexibility - inspite that flexi funds are introduced recently
5. Inadequate deliberation with states- not given due consideration to financial health of states

Steps taken
Govt accepted recomm of Sub-Group of CMs

1. Deliberation - from 2014-15: fund transferred to state consolidated fund- not directly to
implementating agencies
2. Reduction in number - from 66 to 28 + divided in 3 categories
3. Increased choice to states- to select optional scheme they want + central ministeries permit
flexibility in choice of components
4. Reduced rigidity in usage of funds- flexi funds available in each CSS raised from 10% to 25%
5. Evaluation of CSS- co terminus with finance commission cycle

Way forward

1. Improve fund transfer process- ensure smooth transfer

2. Performance linked model- using combination of immediate results (outputs) amd long term
results (outcomes)

🔊🔊Mahadayi River Dispute

 Goa and KR have issue due to plan of divergence of water from Mahadayi to Kalasa-Banduri
project by KR to feed water to deficit river Malaprabha
 Tribunal set up in 2010- awarded 13.4 TMC water to Project in August 2018
o Both parties challenged verdict, subjudice in Supreme Court

Issues

1. Only source of sweet water in Goa

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2. Source for Fishing for local fisherman

3. Area falls under Ecological Sensitive Zone identified by Gadgil and Kasturiranjan Comm
4. Exemption from EIA given by Union Envi Ministry

🔊🔊Merger of Daman, Diu, Dadra and Nagar Haveli

Differences between territories

1. Geography -
o Daman and Diu- Islands
o D&NH- Landlocked territories, rise of Western Ghats
2. Demography -
o Daman and Diu- Fisherman
o D&NH- Tribal dominated (more than 30 groups)
3. Political
o Daman and Diu- MP from BJP
o D&NH- Independent MP
4. Cultural
o Daman and Diu- Daman retains maximum influence of Portuguese
o D&NH - influence by Gujrati culture

 Note- Currently, even until now, two UTs were under Single Administrator, who is Headqaurted in
Daman and visits Silvasa thrice a week.
 Two UTs shared departments, though under two different authorities.

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OTHER POLITICAL
ISSUES
🔊🔊Three Capitals for state

 Context-AP Decentralization and Equal Development of All Regions Bill:

o Executive- Vishakapatnam
o Legislative - Amravati
o Judicial - Kurnool
 Though idea of multiple capitals is not new, but geographically splitting the arms of Govt has
not been tried before in India
 Judicial capitals have been seperate in many states - UP (Allahabad), MP (Jabalpur), GJ
(Ahmadabad)

Arguments Supporting

1. Balanced development - Srikrishna Comm (2010), Sivaramakrishnan Comm (2015)

2. Historical justice- as Kurnool was Capital of erstwhile Andhra state

Arguments opposing

1. Not a Yardstick - for measuring balanced development. Govt can bring economic packages and
schemes for this.
2. Close interconnectedness between Legislative and Executive organs in Indian parliamentary type
democracy
3. Logistical Nightmare-

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4. Seperate Judicial Capital in some states are due to Historical reasons, not Balanced dev
argument.
5. Regional Parity definitely required. But every region cannot be capital.
6. Expenditure increase- due to increased travel bill
7. Inefficiency generated by such system would rapidly erode possible gains in decentralized
development.

🔊🔊Bodoland Issue and Agreement

 Tracing origin to china, Bodos were known earlier as Kachari in Assam and Meches in Bengal
 These are single largest tribal group in Assam comprising 5-6% of state population
 BTAC which came into being after 2003 MoU consist of 4 district as follows and is under 6th
Schedule

Bodoland issue

1. Regional movement emerged in 1980s

2. Opposition to Assam accords - which provided to safeguards to 'Assamese People'.
3. 1987- starting of militant movement under NDBF

Memorandum of Settlement (2020)-

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1. Reorganization of BTAC - committee to look into matter of inclusion of adjoining areas of

majority of Bodos into BTAC
2. Enhance administrative and financial powerr of BTAC
3. Increase assembly seats from 40 to 60
4. Special development package of ₹1,500 cr
5. Increase Bodo representation in Police and paramilitary
6. Bodo language to be included as associate official language in Assam state
7. Industrial package to promote handloom, bamboo and dairy sector

🔊🔊 No fly list of Aviation

 Govt issued guidelines in 2017 after Gaikwad's case

 As per DGCA, temporary ban can be for 30 days within which Internal Committee of airline
headed by retired district or session judge need to be completed
 3 types of unruly behavior
1. Verbal assault - upto 3 months
2. Physical fight - upto 6 months
3. Life threatening - upto 2 yrs
 MHA also provides list of individuals identified as national security threat to DGCA, who puts
them in NFL
 Appallate mechanism -
o Appellate authority constituted by MoCivil Aviation and headed by retired HC judge
o Then HC
 Guidelines applicable only to Indian airlines.

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FUNCTIONING OF
PARLIAMENT AND
EXECUTIVE
Breach of Privilege

 Collecive and Individual privilege

Challenges wrt privilege

1. Against Constitutionalism - ie doctrine of limited power due of absence of codified law

2. Discredits sepration of power as speakers act in substitute for legal process
3. Penal action is unwarranted unless real 'obstruction' to functioning of house
4. Invoked on grounds of defamation while judicial remedy is available
5. 'sovereign people of India' have restricted freedom of speech while their representatives enjoy
absolute freeedom

Recommendations

1. NCRWC-
o Should be Defined and delimited for free functionality of house
o Art 105 & 194 should not cover corrupt practices done be members
o Courts to take cognizance with prior permission of speaker /Chairman
2. 16th All India Whip Conference - codify to remove uncertainty

Parliamentary productivity

Status of productivity

 Just 7% recorded votes last 10 years

 By passing committees- just 25% bills referred in 16th LS
 Decline in sitting - around 65/70 per year
 Passage of bills without due diligence - time spent on budget 123 hrs (1950s) >>> 39 hrs (last
decade)

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o 124th CA bill- paased in 5 hrs + no recomm to standing comm + no prior notice acc to LS
rules
 Disruptions - took away 30% time of LS and 35% of RS
 Committee proceeding - High number of absentees by Members in standing committees as
pointed out by RS chairman in 2019 winter session.
 🔊🔊Executive Accountability - Panel on Subordinate legislation in 2019 finds that out of total
official notifications published in gazette, 50% were presented in parliament after several delays
and in case of 96% of notifications, the reasons for it were not explained.

RS Chairman "Report to people"

 Since 2014, RS passed less than 1 bill per 2 sitting

 Since 2014- 40% of time in disruption
 Out of 48 hrs of budget session, RS functioned for 8 hrs

Parliament (Enhancement of productivity) bill, 2017

Provisions

1. Minimum 120 days sitting per year

2. Loss of time can be compensated by additional time in that day or additional day/days in session
3. Salary reduction of MPs protesting in wells

Reforms

1. NCRWC: 120 days for LS and 100 for RS (UK:150 US:140 ODISHA:60)
2. Performance related pay
3. Opposition parties setting agenda for parliamentary discussion (e.g - canada)
4. 108th amendment bill-33%
5. Constitution commitee to look in constitution amendment
6. Anti defection law:on extraordinary circumstances
7. Free vote for MPs as in UK
8. Parliamentary budget office like US

Way forward

1. Parliament should be space for policy not politics. We need reforms to ensure that it is recast as
such
2. Indian electorate has rising aspirations, which only well thought out public policy can achieve.

Anti defection law commissions

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1. Dinesh goswami committee- decision making power to president who shall act on advice of ECI
2. Law Commission 170th report- prepoll alliance be treated as one party for defection purposes
3. Supreme Court in Kihoto Hollohan case 1992- parties to issue whip only on important matters
like No confidence motion, money bills

Cabinet Committees

 Under Transaction of Business Rule, 1961

Significance

1. Reduce workload - organisational device to reduce workload of cabinet

o Indepth examination
2. Take imp policy decisions
3. Take decisions when PM is not reachable - travelling abroad or not in touch

Limitations

1. Overlapping functioning- CCEA and CC on Investment - as two have different membership -

thus can take different views
2. Large and unwieldy - as representative from alliez in coalition >> disagreements

Two new committees

1. CC on Investment and Growth

o Identify key projects required to be implemented in time bound basis involving
investment ₹1,000 cr or above or any other critical projects
o Prescribe time limit for minitries to give approval and clearances
o Monitor progress of such projects
2. CC on Employment and Skill Development
o Direction to all programmes, initiatives and schemes for skill dev
o Enhace workforce participation, forster employment growth, work to remove gap betn
requirement and availability of work
o Set targets for expeditious implementation of skill dev initiatives by ministeries

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INTERNATIONAL
RELATION

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INDIA AND ITS

NEIGHBOURS
India-Pakistan

India-Pakistan

Indus Water Treaty

 Brokered by World Bank, signed by Nehru and Ayub Khan in 1960

 Permanent Indus Commission (PIC) - bilateral comm to implement and manage treaty

Issues with Treaty

1. Complicated provision - highly technical leading to varying interpretation and divergence

2. Shortage - treaty fails to address division of water during shortage
3. No definitive solution - thus both parties opt for time consuming international arbitration
4. New challenge - emerging threats like climate change, pollution not considered under trety
5. Groundwater- no agreed rules on share of GW
6. Data sharing - basin countries are not coming forward to share data and announcing hydro
projects in advance

Why India Should NOT break treaty

1. Human right Violation - water and sanitation are recognised as HR by UN General Assembly
2. Storage of excess water - no capacity
3. Impact on other treaties - Brahmaputra
4. India's Credibility - deterrence to countries to sign any future trety with india
5. UN Watercourses Convention - though India not signed, but some provision have become
international norms like equitable apportionment of water

Sir Creek Issue

 96 km tidal estuary that divides Gujrat and Sindh

 Dispute about interpretation of maritime border line
 Pakistan position -
o Entire sir creek their with its eastern bank defined by 'green line'
o If accepted, loss of 250 sq miles of EEZ for India
 India Position

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o Thalweg principle - define border by 'Mid channel'

o But pak argues that principle is applicable to non tidal rivers, sir creek is tidal estuary

Significance of sir creek

1. Security - smuggling, patroleum, arms

2. Maritime boundary - help in extending EEZ
3. Economic value- Oil and gas, fishing
4. Ecological - growing concerns of Climate change

🔊🔊 Kartarpur corridor issue

Points against corridor

1. Khalistani Card by Pakistan

2. Circumstances not right
3. Illogical comparison with 'Berlin Wall'
4. Reignite spark of terrorism by pakistan

Points for corridor

1. Punjabiyat to bridge Indo-Pak problem

2. Para-diplomacy between Chandigrh and Lahore
3. Diplomatic detente - people to people contact

Conclusion - general grounds of security Cannot be allowed to trump over landmark political initiatives
and used to advocate status quo

India Bangladesh

Significance of Bangladesh for India

1. Geopolitical
o Connectivity to North East
o Pillar of Act East
o Strengthening south asia as regional power
o Securing SLOCs
o Fighting terrorism and Radicalisation
o Contain insurgency in North East
o Balancing Chinese influence in region
2. Economic
o Bilateral trade- $9 Billion
o Investment opportunities
o Cooperation in blue economy

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o Social sector development - Bangladesh as role model of poverty reduction, health and
education
3. Cultural ties
o People to people contacts

Challenges in relation

1. River dispute - Farakka barrage issue, Tista River sharing, Tipaimukh hydro project on Barak
2. Border Management - smuggling, arms, drugs, cows
3. Illegal immigration
4. China factor- as a bargaining card
o Chinese investment :
 Bangbandhu I satellite of Bangladesh
 Highway and rail connectivity thr Myanmar
 Support in Bangladesh's second nuclear plant
5. Rohingya Crisis-
6. Increasing Radicalisation - HUJI and Jamat-e-Islami spread anti India propaganda

Steps taken

1. Trade- reduction in customs, integrated check posts, Border Haats

2. Connectivity -
o BBIN
o PIWTT (Protocol on Inland Water Transit and Trade) - India assisting Bangladesh to
explore inland waterways potential
o Extension of National Knowledge Network for digital connectivity in Education in
Bangladesh
3. Energy -
o Rooppur atomic energy project- Indo Russian project in Bangladesh
o India - Bangladesh friendship pipeline : transport of oil
4. Defence- military equipment and technology transfer thr Defence Cooperation Framework pact
5. Saarc satellite

India- Afghanistan

Significance of Afghanistan

1. Economic
o Natural resources - oil and gas, rear earth elements
o Investment opportunities
o TAPI
2. Security - stable govt in afgan= reduce terror in J&K + need to prevent Pakistan from assuming
central role in afgan affairs
3. Gateway to central asia

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Focus areas

1. Trade relations
o India second largest destination for afgan exports
2. Infrastructure development - India 6th largest donor to afgan
o Zaranj Delaram highway
o Salma dam
o Parliament building
o New Development Partnership - plan to implement 116 high impact community
development projects in Education, health
3. Connectivity initiatives
o Chabahar port
o Air Freight Corridor - dedicated AFC in 2017
o India interested to join APTTA (Afgan-Pak Transit and Trade Agreement)
4. Political and security relations
o India was only south asian country to recognise soviet backed democratic govt in 1979
o India was first country Afghanistan choose to sign strategic partnership agreement
o India aids Afgan National Defence and Security Forces
o Donated Mi-25 attack helicopter

USA pullout- reasons

1. America first policy- USA wasting blood and money in distant conflict
2. USA's longest running war with no substantial outcome
3. Growing scepticism among American administration about efficacy of military intervention
4. Uneven distribution of afgan security cost- allegations of USA on partner nations
5. Afpak policy 2017- criticism of Pakistan

Factors aggrevating Afgan Problem

1. Global power game

2. Failure of US strategies - military aid to Pakistan, troop presence in afgan, airstrikes
3. Military factors- presence kf foreign forces on afgan soil irked indigenous tribes
4. Role of Pakistan - safehouse of Taliban
5. Erosion of Legitimacy of National Unity Government (NUG)
o Conflict between Chief Executive Abdullah Abdullah and President Ghani
o Corruption
o Refusal of Taliban to talk + ignored by western countries
6. Rise of IS
7. War and civilian casualties - suicide attacks

Consequences of USA withdrawal -

1. Impact on peace process - no incentive for Taliban to negotiate

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2. Fall of democratic govt and resurgence of Taliban - as symbolic presence of US forces was
necessary to back NUG
3. Breeding ground for terrorism- afgan as epicentre of global terrorism as in 1990s
4. Poor capacity of afgan forces
5. Regional instability - as Pak-Taliban axis can nudge insurgency in Kashmir
6. Refugee crisis

Consequences on India-

1. Violence in Jammu and Kashmir

2. Attacks on rest of India- as like IC-814 Hijack
3. Threat to indian investment in afgan
4. Halting indian connectivity efforts like INSTC, Chabahar
5. India's energy security - as spillover impact on relationships in middle east
6. Chinese intervention in region
7. Potential return of Taliban to power

Indian Strategy

 Spelt out new Three 'red lines'

o all processez must include all sections of afgan society - shows Acceptability for Taliban
as 'section of society'
o Respect constitutional legacy and mandate- HR, woman rights
o No heaven for terrorism
 Participation on Moscow format- why?
o Nature of changing regional and global dynamics
o All other stakeholders ready to negotiate with Taliban, including NUG
o Afgan Govt, thr High Peace Council is represented in talks
o Outcome of close discussion with afgan govt
o Russian invitation
o India want role in shaping 'Stable, independent, peaceful Afghanistan'

Should India Deploy its troops in Afgan?

Yes

1. Afgan peace- to adhere to commitment of peace and development of Afghanistan

2. Kashmir insurgency - to prevent spillover impact on kashmir due to geographical proximity with
Afghanistan
3. Indian investment - prevent $3 billion indian investment
4. Regional power- India to emerge as regional power and net security provider.

No

1. Economic cost of deployment - as seen from experience of USA

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2. Taking direct enmity with Taliban and Al-Queda - increasing threat to Indian internal security
due to geographical proximity
3. Proxy war with pakistan - with each side supported by each country
4. Previous experience - India have Bad experiences on foreign soil deployment (Sri Lanka) + Afgan
is called as 'Graveyard of empires'
5. Decreasing soft power of india- due to presence of Indian troops on afgan soil (as happened
for US)

🔊🔊 US-Taliban Pact 2020

 Agreement for 'Bringing Peace to Afghanistan'

1. Troops withdrawal - All troops to be withdrawn within 14 months

2. Taliban Commitment - 'Taliban will not allow any of its members, other individuals and groups,
including Al-Qaeda, to use soil of Afghanistan to threaten the security of US and Allies.
o Does not mention pak based groups like JeM, LeT.
o India not covered as it is not US ally
3. Sanctions removal- US and UN to remove Sanctions on taliban leaders.
4. Prisoner Release- to be discussed between both the sides
5. Ceasefire - after completion of Intra-Afgan Negotiations.

 India's stand-
o Earlier - called for "Afgan Led, Afgan owned, Afgan controlled"
o Now- India committed to "any Process" which can help Afghanistan emerge as united,
peaceful, secure, stable, inclusive and economically vibrant nation, with guaranteed
gender and human rights

🔊🔊India - Nepal Relations

Issue of Kalapani-Susta and Lipulekh pass

1. Kalapani- Due to difference of perception about source of Kali river- Treaty of Sagauli (1816)
depicts river as western boundary with India, but different British maps show source of Kali at
different places.
o India- Kali originate from a natural sring at Kalapani
o Nepal- kali originate from Limpiyadhura
2. Susta- problem due to shifting course of river Gandak
o Susta- in West Champaran District, Bihar
3. Lipulekh and Limpiyadhura

 Both the region are near India-China-Nepal tri junction in Uttarakhand

Why sudden Dispute

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 2015 India China Lipulekh Agreement - on Kailash Mansarovar amd trade with Tibet erred
Nepal
 Opening of India china road passing through Lipulekh pass on route of Kailash Mansarovar

Strategic importance.

 Lipulekh Pass - pass connects Himalayan or Tibetian region with Gangetic plains. Its geographical
proximity with NCR than any other pass makes it strategically important than any other pass if
armed conflict arises
o In 1962 war, Chinese entered through Se la pass in Brahmaputra in Arunachal. This
showed importance of guarding vulnerable passes
 Lipulekh and Kalapani - Trijunction between China- Nepal- India. Thus imp for observation
posts
 Territory - fairly Flat terrain in Himalayan Geography, thus can be base to launch armed conflict

🔊🔊India - Sri Lanka Relations

Issues

1. Economic- Lanka's incresing engagement with China in economic terms and awarding of projects
to chinese firms
2. Political - Issue of rights of Tamil Minority
o Failure of Shatri- Bandaranaike pact- which sought to grant 3,00,000 Indian Tamil
origins citizenship of Lanka and 5,00,000 to repriated to India where thry will he given
Indian citizenship
3. Historical - scepticism about India's role in Lanka's mind due to involvement in civil war + Size of
India creating Perception of Big brother
4. Security - Increasing presence of Chinese veseels in Hambantota is serious security concern for
India
5. Others - issue of Fishermen, accusations of involvement of Indian intelligence services in electoral
process of sri lanka.

Way forward

1. India not to see economic engagement of Lanka and China with scepticism as even we want to
engage with World's second largest economy (China)
2. Balncing act needed to find a way in issue of Tamil Minority as to respect Lankan sovereignty
and considering rights of minorities.
3. Cross border economic engagement
4. Intelligence sharing- especially after Easter Sunday terror attack
5. New projects - in which Indi showed interest like following can be taken up-
o Jaffna-Colombo Rail track
o Electricity transmission lines for power imports from India
o Rebuilding of Kankesanthurai port

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6. Completion of Earlier acquired projects like Tricomalee port and oil tank farms, LNG terminal
near Colombo.
7. Joining hands with other powers - like India Japan joint venture in East container Terminal at
Colombo harbour and offer to operate Mattala airport.

South Asian Trade

 World bank report 'A Glass Half Full' about south asian trade points out:
o Intra-regional trade= only 5% of total south asian trade
o Trade Restrictiveness
o Disproportionate cost of trade- 20% times higher than ASEAN

Causes of skewed Trend

1. Non functional SAFTA-

o Para Tariffs - these are duties levied on imports, but not on domestic production - kept
out of SAFTA
o Sensitive list- list exempted from SAFTA- almost 35% items of trade
2. Non Tariff Measures- Sanitary, labor, Phyto Sanitary
3. Lack of Border Infrastructure and Procedural delays- poor transport, inefficient customs and
border procedures
4. Poor regional connectivity - unfriendly visa regime, restrictions on fdi
5. India - Pakistan tension
6. Trust deficit- oweing to larger size of India

Indo pacific regional cooperation

Significance of Indo-Pacific

1. Greater role in region- shift from Asia-Pacific : india not in APEC

2. Net Security Provider- capcity building, military diplomacy, military assistance, direct
deployment
3. Help achieve economic potential -
o Natural resources - oil and hydrocarbons - help india to diversify import basket
o High market potential - export of ICT services, engineering services
o Development of North East Region -
o Integration of Blue Economy Aspiration-
4. Ensure Freedom of Navigation - as worlds vital choke points in IOR + India's 95% trade
5. Develop security architecture - issues like territorial and water dispute, piracy, militarization in
region
6. Containment of china- BRI, string of pearl theory - Utilise china's key strategic Vulnerability ie its
energy lifelines
7. Help in Strategic objectives -
o Act east policy

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o Entry in multilateral groupings - NSG, UNSC

o Alliance with smaller island nations
o Role of portz- Duqm, sabang, Agalega, vietnam, Singapore

Challenges

1. Lack of Indian capacity - to give credible alternative to China's BRI + counter its Dept Trap
diplomacy
2. Seamless connectivity - remains a concern
3. Role of North east- as underdeveloped
4. Heterogeneity of region- difficulties in achieving cohesive approach
5. Deglobalisation- lack of coop on tariffs, oil imports

Indian Initiatives

1. Sperate Indo Pacific Wing

o Unified approach - combined desks of asean + IOR
o Improve polcy making
o Help in easy coordination -
o Give leadership - seperate Joint Secretary
o Capitalise Indian Dispora in region
2. Defence Cooperation - Malabar, RIMPAC
3. SAGAR approch
4. Project Mausum
5. Indian Pacific Regional dialogue - by Indian Navy
6. Active participation in institutions like IORA, East Asia Summit, ASEAN Regional Forum,
BIMSTEC, Mekong Ganga
7. Indian Ocean Naval Symposium - Coordination betn navies
8. Forum for India-Pacific Islands Cooperation (FIPIC)
9. India's Vision for Indo Pacific - Shangri-la dialogue :
o Free, open, inclusive IP which embraces all in common pursuit of progress and prosperity

Other countries initiatives

1. Australia - Defence White Paper 2013

2. Japan- Free and Open Indo Pacific strategy
3. Indonesia - cooperation
4. ASEAN Outlook on Indo Pacific
5. USA- Indo Pacific Commond, 2018 National Defence Strategy

India as Net Security Provider

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 NSP= nation which security concerns of itself as well as other countries in vicinity
 Encompasses 4 diff activities
o Capacity building
o Military diplomacy
o Military assistance
o Direct deployment

Why need of NSP in region?

1. IOR= at crossroads of global trade

o 40% of worlds oil supply + 64% of oil trade
2. Strategic choke points- Malacca, Bab-al-Mandab, Hormuz
3. Non traditional threats
4. Traditional threats - militarization of region, missile capabilities
5. Requirement of peace and regional stability
6. Countries in region are more concerned on local issues, thus neglecting strategic engagement

Challenges to India's role as NSP

1. Capacity of Indian Defence industry - hinders export potential

2. More focus on territorial boundaries - owing to unresolved border dispute
3. China factor- BRI, debt trap diplomacy, string of pearls, Djibouti
4. Opposition from other countries - crisis in Maldives, opposition in Seychelles Parliament
5. Interagency Coordination and coop- lack of leadership and clarity
6. Factions in domestic politics

Steps taken

1. India's Maritime Strategy, 2015- IOR at core of indian maritime security

2. Development of naval bases- Changi, Agalega (dual use logistics facility), Duqm
3. Collaboration with foreign countries
o India-France "Reciprocal logistics support" agreement - warship of both have access to
each others naval bases
o India - USA: LEMOA
4. Indigenous naval development
o INS Arihant, Vikrant
o Nuclear Triad
5. Regional grouping - IORA, IONS, BIMSTEC
6. SAGAR
7. Military Exercises - malabar, CORPAT (Indonesia)
8. Military assistance - Offshore patrol vehicles for Myanmar, $100 milliom LOC for Vietnam on
defence purchase
9. Humanitarian and Disaster relief operations - recent Idai cyclone in Mozambique

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OTHER REGIONS
south East and East Asia

India-Japan Relations

Outcome of recent Tokya summit

1. Convergence of Indo-pacific interest - free, open, transparent, Rules based and inclusive
2. Increased economic cooperation - $75 billion currency swap + appreciated CEPA
3. Connectivity thr Huge Infrastructure Projects - ODA by Japan to India
o Delhi-Mumbai Freight Corridor, D-M Industrial corridor, Chennai-Bangolore Industrial
corridor, High speed rail
o North east forum
o Asia Africa Growth Corridor
4. Defence ties- Quad +
o Recently held Annual Bilateral Space Dialogue
o Malabar
o 2+2 mechanism elevated from secretary level to ministrial level
o Commencement of negotiations on Aquisition and Cross Servicing Agreement
5. Global partnership - Support at UNSC membership

Challenges in relation

1. Divergence in interest at RCEP

2. Trade- inspite of CEPA, Trade declined to $13 billion, whereas China - Japan trade stands at $300
billion
3. Defence Technology sharing- issue of US-2 amphibian aircraft
4. No specific china policy

West Asia

Importance of west asia

1. Energy- 70% of energy import

2. Geostrategic importance- Chinese influence, accesz to landlocked central asia
3. Indian Diaspora - 11 million
4. To counter Radicalisation

Challenges in west asia

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1. Political instability - especially after arab spring

2. Involvement of global powers
3. Terrorism
4. Regional conflict - india have to balance betn three regional powers- Saudi, Iran, Israel
5. US sanctions on Iran
6. Pakistan factor

India-Saudi Relation

importance

1. Energy - largest (19%) supplier of crude oil + 32% of India LPG import
o Recent announcement of investment by ARAMCO in Ratnagiri refinery
2. Bilateral trade- $28 billion + DTAA in 2006
3. Indian workers - 3 million
4. Strategic cooperation -
o Delhi Declaration (2006) - coop on Terrorism
o Riyadh declaration (2010)- strategic partnership
5. Security relations - saudi extradited many terror suspects
6. Socio-cultural :Hajj pilgrimage

Challenges

1. Pakistan factor- Historic ally of saudi based on common theological bridge

2. Ideological support to terrorism - support to Wahabi Terrorist groups, who eventually target
India and Iran
3. Iran rivalry
4. Saudi's aggressive foreign policy- Qatar issue, Yemen, Recent Kemal Khashoggi issue
5. Bilateral issues- conditions of workers

India-Iran relation

Significance

1. Energy - 3rd largest supplier of crude oil + 2nd largest natural gas reserves
2. Connectivity
o Chabahar
o 560 mile railway line connecting to Afghanistan
o INSTC
3. Trade and investment-
o Recently india decided to set up fertilizer, petrochemical and metallurgy plants in
Chabahar Free Trade Zone
o Negotiating on Farzad B oil field
o Actively pursuing India-Pakistan-Iran pipeline
o Non dollar sell of oil

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4. Geopolitical - countering china's strings of pearls, fighting terrorism

Impact of USA sanctions

1. Impact on India
o On India Iran Relationship
 Energy trade- 2017- 11% of total crude import, fell by 57% in 2019
 Impact on strategic initiatives - Iran called china in negotiations for farzad B
o Impact on economy
 Rising inflation - rising crude oil prices
 Current Account Deficit
 Capital Markets fall
 Loss of favourable oil imports- 60 day credit, free insurance, rupee purchase of
oil
o Strategic autonomy
2. China's gain- increased influence on iran taking advantage of sanctions
o 44% of Iranian crude exports (rise from 26%)
o Investments in communication and transport infrA in Iran

India-Africa relations

Importance

1. Resource rich region

2. Economic opportunities -
o Africa houses six of worlds fastes growing economies
o Investment opportunities for indian business
o Recent AfCFTA- opportunities for india to increase trade and counter Chinese influence
3. Reform in global institutions - UNSC
4. Convergence of interest -
o @WTO
o Terrorism
o Climate change
o Peace keeping operations
o Democracy - EVMs, Parliament procedures

Relations

1. Economic - Africa's 4th largest trading partner

o Trade increased from $7.2 billion(2001) to $60 billion (2018)
o India 5th largest investor in Africa
2. Business to business ties - generic drugs
3. Foreign aid
o Indian Technical and Economic Cooperation (ITEC) - Capacity building, skill dev,
technology transfer

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o Pan African e-network - satellite connectivity, tele education, tele medicine

o SITA (Supporting Indian Trade and investment in Africa)
o $10 billion Line of credit for infrastructure development
o Solar mamas- training to african rural woman solar engineers
o International solar alliance - light up and power Africa initiative
4. Asia-Africa Growth corridor
5. International Solar Alliance - 24 African members
6. State govt engagement
o Ethiopia and S Africa - engagement with Kudumbshree

Challenges

1. Political instability
2. Terrorism in africa-
3. Attacks on African in india
4. Financial limitations - cannot compete china in cheque book diplomacy
5. Strong chinese presence - $200 billion trade
6. Indias approach - multilateral engagement over bilateral - thus dilution

India- EU relation

Background

 EU-India Cooperation Agreement 1994

 Strategic Partnership since 2004
 Regular summits after Lisbon summit 2000
 Recently EU unveiled 'strategic paper' outlining coop with india in diff sectors

Relations

1. Trade and investment

o EU - largest trading partner of India (13%) of overall trade
o largest destination for Indian export
o Second largest investor in India
2. Comprehensive sectoral cooperation -
o Close partners in G20, Macroeconomic dialogue
3. Energy cooperation- EU-India Clean Energy and Climate Partnership
4. Research and Development -
o ITER Fusion project
o Horizon 2020
5. Environmental - coop on paris agreement, Clean Ganga initiative
6. City to City coop- India-EU Partnership for Smart and Sustainable Urbanisation
7. ICT cooperation -
o Linking of EU's 'Digital Single Market' to India's 'Digital India'
o Startup Europe India Network 2016

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o EU-India startup security dialogue

8. Migration and Mobility - Common agenda on Migration and Mobility (CAMM)

Issues in BTIA

 Indian concerns
o Pitch for 'Data secure' status (imp for indian IT comp)
o Ease norms on temporary movement of skilled labour
o SPS and TBT
o Liberalisation of trade in service
 EU concern
o Finalise BIT
o Issue of India's model BIT and Investor-State Dispute Settlement mechanism
o Elimination of India's duties on automobile and wines, liberalisation of multi brand retail

BREXIT

 End of 46 yrs of Britain membership in EU (1973)

Arguments favouring BREXIT

1. Trade benefits - UK can secure better trade deals with India, China, US
2. Arresting Reckless spending- €350 million per week on EU by UK
3. New immigration laws- can offer open door to EU and Non EU migrants
4. Reassert National Sovereignty - allow UK to regain lost position in International org

Arguments against BREXIT

1. Trdae imbalance - as 45% of UK's trade go to EU + can damage competitiveness of Britain

export
2. Lost benefits from EU
3. Immigration - will not stop as its a global concern

Consequences of BREXIT

 On EU
1. trade- affect single market and labor market- thus impact on global value chain
2. EU share in export - fall from 34% to 30.3%
3. Geopolitical standing - as UK is 2nd largest EU economy + membership of UNSC
4. Rise of Xenophobia and de-globalisation
 On Britain
1. Economic

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 Immediate impact- estimated economic cost of 2.5% of GDP

 Estimated to lower ler capita income of UK citizens
 Divorce bill- €39 bn
 Ending contributions to EU
 Renegotiation of international treaties- 759 treaties
 Impact on INDIA
1. Bilateral trade and commerce - bilateral free trade pact, fresh opportunity of
investment,
2. Impact on immigration - benefit indian students and professionals as no longer
favourable terms for EU nationals
3. Impact on Business and economy - adverse impact on nearly 800 business operating in
UK
4. Impact on Rupee- uncertainty of hard brexit

India-USA relation

India - USA

🔊🔊 USA's Middle East Peace plan

 Plan named 'Peace to Prosperity : A vision to improve lives of Israeli and Palestinian people'

Proposals

1. Israel gets unified Jerusalem as a capital city, while Palestine's caital can be built east to it and be
named 'Al Quds' (Arabic name for Jerusalem)
2. Israel need not to remove illegal settlements in west bank and it can provide connectivity to it
with israel
3. Jordan Valley, which is critical for Israeli security, to be remained under israeli sovereignty
4. Israelis will enter in 4 year 'Land freeze' Agreement during which Palestinians can enter in
negotiations
5. Economic package for Palestinian- $50 bilion new investment.
6. Port facility- State of israel will allow Palestine to use facilities of Haifa and Ashdod ports.
7. Dismantling of Hamas

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INTERNATIONAL
ORGANISATIONS
World Trade Organisation

Reasons of WTO crumbling

1. Changing world order

2. Process loopholes- opaqueness in Ministrial Conferences, Green Room negotiations
o Consensus based decision making- root cause of stagnation in reforms
3. Dispute resolution

Relevance of WTO

1. It regulates 98% of global trade flow

2. Reduce average value of tariff by 85% since 1942
3. Deepend rule based system

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UNSC

need of reforms

1. Changed geopolitics
2. Reforms long overdue- expanded only once in 1963.
o Overall membership of UN raised from 113 to 193, but no change in UNSC
3. Inequitabke economic and geographical representation - Europe is over represented, Asia is
under, Africa and Latin have No representation
4. Crisi of legitimacy and credibility - incidents like intervention in Libya and Syria
5. North South Divide

India's strategy - Maximising support at UNGA, Minimising resistance in UNSC

Shanghai Cooperation Organisation (SCO)

 Eurasian political, economic and military organisation

 42% of world population, 20% of world GDP

Significance of SCO for India

1. Security - SCO's main objective - fighting 'three evils' :Terrorism, Separatism, Extremism
o RATS and joint military exercise
o Bilateral negotiations with Pakistan - help to counter Pakistani propoganda in other
international institutions like OIC
o Similar challenges like Golden crescent
2. Connectivity - Connecent Central Asia policy, INSTC, Ashgabat, Air freight corridor,
3. Economic - proposed FTA with Eurasian Economic Union, Tourism potential
4. Energy and mineral - SCO Energy club: deeper interaction betn producers and consumers,
o Advance the stalled projects like TAPI, IPI pipeline
5. Political significance - carve space for india in events like afgan peace process

Challenges at SCO

1. Trust deficit
2. China's BRI
3. Global geopolitics- and India's contradictory stands:
o Aligning with Israel
o Supporting current regime in Syria
4. Definition of Terrorism -
o SCO - regime destabilisation
o India - state sponsored cross border terrorism

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o Sco not covers groups like lashkar-e-Taiba, J-e-M

5. Limited existing economic footprint - low trade with central Asia, Russia
6. Other organisations - Eurasian Economic Union, BRI

Way forward

 2019 SCO Bishkek summit

o Modi : SCO to cooperate on HEALTH
 H- Health
 E- Economic coop
 A- Alternative Energy
 L- Literature and Culture
 T- Terrorism free society
 H- Humanitarian coop
 Follow 'Shanghai Spirit' to search for common eurasian identity

Belt and Road Initiative

 Announced in 2013, made up of a 'belt' of overland routes and a maritime 'road' which connects
Asia, Europe and Africa
o Road= 21st century Maritime silk road

Importance

1. Shift from developed markets in west to developing economies in Asia and Africa
2. Strategic importance for china

Criticism

1. Debt trap
2. Political and economic ambition
3. CPEC
4. Other problems - operational problems, lack of information transparency, environmental concerns

🔊🔊India's stand on CPEC

1. Illegal as it hurts Sovereignty and Territorial integrity of India

2. India firmly believes that connectivity initiatives should be based on universally recognized
international norms. They must follow principles of Openness, Transparency, and financial
sustainability. They must be pursued in manner that respects sovereignty, equality and territorial
integrity of other nations.

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Why India Should join

1. India as participant in 'Asian Era' -shifting order that G7 shapes economic policies
2. Multilateral engagement - BRI involves 126 countries- india would be left out
3. Shaping global economic rules- evolving stds of multilateralism, even IMF praised it as 'Very
important contribution' to global economy.
4. Platform for voicing Indian concerns- like Japan: Even though opposes project, but sent
special envoy to recently held Belt and Road Forum (BRF)
5. India should provide alternative within it, rather than just critising

Artic Council

 Estd in 1996 by Ottawa declaration

 Oill spills- Exxon Valdez oil spill of Alaskan waters 1989

Indian initiatives for Artic

1. Himadri- only research station opened in 2008

2. Renamed National centre for Antarctic and ocean research as National Centre for Polar and
Oceanic Research (NCPOR) in 2018
3. Norwegian Programme for Research Cooperation with India (INDNOR)
4. Economic endeavour - ONGC has 26% stakes in Russia's Vankorneft project

South South Cooperation

 SSC= exchange and sharing of developmental solutions among countries of global south
 Initited in Bandung conference, 1955

Initiatives

1. India-UN Development Partnership Fund (UNDPF) - Estd in 2017 to fund transformational

sustainable development projects in south
2. UNOSSC - estd in 1974
3. Buenos Aires Plan of Action (BAPA) for Technical Cooperation aming Developing Countries
(TCDC) - Recently, on its 40th anniversary, 2nd High level UN conference on SSC was held
4. IBSA ministrial 2018- laid down principles of SSC
o Developing countries as developing partners
o Solidarity and spirit of sharing
o Voluntary
o Demand driven process
o Respect for national sovereignty

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o Complement North South Cooperation

Extradition

 National legislation - Extradition Act, 1962

 General principles of Extradition
o Principle of extraditable offence - only wrt offence stated in treaty
o Principle of Dual criminality - offence which are under national laws of both countries
o Rule of specificity - extradited person to be tried only for those offences for which
extradited
o Free and fair trial

Significance of Extradition

1. Serving justice
2. Deterrence
3. National security and safety
4. Economic growth

Challenges

1. No treaty- very few treaties (47) by India till now

2. Crimes under treaty- may vary due to differneces in national legislations of countries
3. Dual jeopardy clause - main reason for non Extradition of David Headley from USA
4. Human Rights issue- poor prison conditions and custodial deaths in indian prison
5. Absence of anti torture legislation - Denmark denied Extradition of Kim Davy, accused of
Purulia Arms case
6. Domestic politics

Way forward

1. Ratify UN Convention against Torture (1984)

2. Expedite prison reforms,
3. Effective preventive laws and policy measures
4. Sign more Extradition treaties
5. Address investigation delays

Draft Migration Bill

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 Other provision
o Registration of Recruitment agencies and student enrollment agencies mandatory
o Welfare and protection - insurance, pre departure orientation, skill up upgradation,
Migrant resource centre

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Other initiatives

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1. MADAD portal- online grievance monitoring system where emigrants can file consular
grievances
2. Overseas Workers Resource Centre
3. Pravasi Bharatiya Bima Yojana, 2017- mandatory insurance scheme for emigrants falling under
Emigration Check Requirement (ECR) category
4. Mahatma Gandhi Suraksha Pravasi Yojana (MGSPY)- Voluntary
5. Indian community welfare fund- to address needs in emergency and distress

Space Diplomacy initiatives

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