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18th October 2024 (9 Topics)

18th October 2024

Mains Issues

Context

The Supreme Court of India upheld the constitutional validity of Section 6A of the Citizenship Act, 1955, through a 4:1 majority ruling. This decision has significant implications for the citizenship status of migrants in Assam and raises critical questions about the intersection of law, culture, and electoral rights.

What is Section 6A?

  • Section 6A was introduced following the Assam Accord of 1985, a political agreement aimed at addressing the concerns of illegal migration from Bangladesh into Assam. The provision allows for:
    • Deemed Citizenship: Immigrants who entered Assam before January 1, 1966, are recognized as Indian citizens.
    • Eligibility for Citizenship: Immigrants who entered between January 1, 1966, and March 25, 1971, can apply for Indian citizenship if they meet certain criteria.
    • Illegal Immigrants: Those who entered Assam after March 25, 1971, are deemed illegal immigrants and are subject to deportation.
  • Section 6A is central to the contentious issue of citizenship in Assam. The Assam National Register of Citizens (NRC), created to identify illegal immigrants, was first introduced following the 1951 national census.
    • The NRC aims to distinguish between legitimate citizens and those who migrated from Bangladesh after March 25, 1971.
  • Cut-off date: The cut-off date of March 25, 1971, aligns with the onset of the Bangladesh Liberation War, marking a crucial point in Assam’s demographic changes. This provision aimed to balance humanitarian considerations with the need to protect the interests of the local population.

Key-takeaways from SC Judgment

  • Majority Opinion: The Constitution Bench ruled in favor of Section 6A. Key points from the majority opinion include:
    • Legislative Competence: The Court affirmed that Parliament had the authority to enact Section 6A, which was deemed a legislative solution to the challenges posed by illegal immigration in Assam.
    • Rationality of Assam’s Special Status: The majority found that singling out Assam was justified due to the higher percentage of migrants in its population compared to other border states like West Bengal.
    • Cut-off Date Justification: The cut-off date of March 25, 1971, was deemed rational as it coincided with significant historical events surrounding the Bangladesh war. The Court concluded that Section 6A is neither over-inclusive nor under-inclusive, serving its intended purpose.
      • The Bangladesh Liberation War, which led to the independence of Bangladesh from Pakistan, witnessed a massive influx of migrants to India. Even prior to when Bangladesh gained independence from East Pakistan in 1971, migration had started to India.
      • On March 19, 1972, Bangladesh and India entered into a treaty for friendship, cooperation and peace.
    • Cultural Rights and Fraternity: The presence of various ethnic groups does not inherently infringe upon the cultural rights protected under Article 29(1).
    • Principle of fraternity: The majority also rejected the argument that Section 6A violated the principle of fraternity outlined in the Preamble of the Constitution. The judgment held that fraternity should not be interpreted narrowly to restrict the inclusion of diverse populations.
  • Dissenting Opinion: Justice JB Pardiwala presented a dissenting view, declaring Section 6A unconstitutional with prospective effect. His key arguments included:
    • Temporal Unreasonableness: While the law may have been valid at the time of enactment, it has become unreasonable over time. The lack of adequate mechanisms for detecting illegal immigrants, results in many remaining on electoral rolls without scrutiny.
    • Arbitrariness in Detection: Section 6A(3) imposed a burdensome requirement for migrants to be detected by the State, which undermined the original intent of timely identification and deportation.
    • Incentives for Undocumented Immigration: The provision inadvertently encourages undocumented immigrants to remain in Assam indefinitely, as there are no strict time limits for detection.

Fact Box: Assam Accord

  • The Assam Accord, signed in 1985 between the Indian government and the representatives of the Assam Movement, was a response to the 1971 Bangladesh Liberation War, which resulted in a large influx of migrants into Assam.
  • Section 6A was enacted as a humanitarian measure and allows individuals who migrated between January 1, 1966, and March 25, 1971, to obtain Indian citizenship under certain conditions.
  • The Assam Accord and Section 6A were formulated in response to the massive migration caused by the Bangladesh Liberation War.

Mains Issues

Context

In 2024, China has significantly increased its imports of liquefied natural gas (LNG), reaching the highest levels since 2021. This uptick coincides with a record increase in natural gas-fired electricity generation. While these trends suggest a growing reliance on gas for power generation, a deeper analysis reveals that natural gas remains a minor player in China's overall energy mix.

Rising LNG Imports

  • China's hunger for liquefied natural gas (LNG) is surging to its highest levels since 2021, outpacing the growth rates of South Korea and Japan. Yet, its push for cleaner energy sources is redefining LNG's role in the national power strategy.
  • Current Statistics
    • LNG Imports Increase: China’s LNG imports have risen by nearly 15% in 2024 compared to the previous year, reaching almost 80 billion cubic meters.
    • Comparative Growth: This growth outpaces other major importers: South Korea (5%) and Japan (2.5%).
    • Electricity Generation: Natural gas-fired electricity generation hit a record 188 terawatt hours (TWh) in the first eight months of 2024, a 1.5% increase from the same period in 2023.
  • Economic Factors: Despite increased imports, the price of LNG remains high. Power generated from LNG is estimated to be $30-$40 more expensive per megawatt hour than that produced from coal. This price disparity discourages many industrial firms from switching to gas, particularly amidst China's ongoing property crisis and economic slowdown.
  • China's pledge to achieve carbon neutrality by 2060 necessitates further increases in clean energy generation, limiting the scope for substantial growth in natural gas consumption.

Limited Role of Natural Gas in Electricity Generation

  • Share of Generation Mix
    • Gas Generation Decline: Natural gas's share of total electricity generation in China has decreased to 2.8%, the lowest level in seven years, down from 3% in 2023.
    • Renewable Energy Dominance: Solar, wind, and hydro power collectively contribute significantly more to the energy mix, with renewables accounting for 38% of total electricity generation so far in 2024.
  • Long-Term Trends: Since 2018, the growth in electricity generation from different sources has been:
    • Solar: +378%
    • Wind: +163%
    • Gas: +36%

What does it mean?

  • China is walking a line between keeping energy security with traditional methods and pushing for a low-carbon future.
  • By adding new coal capacity to replace older plants while expanding renewables, China is ensuring grid stability amid growing power needs. These moves highlight a significant global shift towards diversified energy dependence.

Prelims Articles

As part of its Vision 2030 initiative, Saudi Arabia is implementing a series of digitally enforceable measures aimed at improving the working conditions of foreign workers, including a significant population from India. The new regulations are intended to safeguard workers' rights, enhance transparency, and reduce illegal immigration.

About Musaned Platform

  • Musaned is a digital platform to ensure wage protection, human rights of expat workers
  • Key Features
    • Digital Contract Management: The Musaned platform enables foreign workers in the domestic sector to access their employment contracts and stay updated through a dedicated app. This system aims to streamline communication and reduce disputes.
    • View Access for Embassies: Foreign embassies will have access to the Musaned system, allowing them to view all pertinent details about their citizens' employment in Saudi Arabia. This initiative is designed to facilitate quicker resolution of labor disputes.
    • Wage Protection System: One of the platform’s most crucial features is its wage protection system, which ensures that employers fulfill their contractual obligations to pay monthly wages. The digital tracking of financial transactions aims to prevent wage theft and other abuses.
  • Targeted Countries: The Musaned platform will benefit a diverse group of countries, including:
    • African Countries: Sudan, Ethiopia, Uganda, Egypt, Kenya
    • Asian Countries: India, Bangladesh, Pakistan, Vietnam, Philippines, Sri Lanka
  • Workforce Composition
    • Indian Workers: India is home to approximately 1.4 million workers in Saudi Arabia, primarily in the domestic sector, making it the second-largest contributor after Bangladesh, which provides around 2.7 million workers.
    • Pakistani Workers: Pakistan contributes approximately 2.1 million workers in similar roles.

Fact Box: Current Labor Laws in India

  • In India, labour matters fall under the Concurrent List, both Parliament and state legislature hold the authority to enact relevant laws. 
  • Prior to the introduction of the New Labor Code, the central government identified over 40 central laws and more than 100 state laws that addressed various labor matters.
  • The Second National Commission on Labour (2002) identified the need for reforms to streamline and consolidate existing labor laws. This led to the recommendation of four main labor codes, which are aimed at simplifying and modernizing the labor regulatory framework. These codes are:
    • Code on Wages (2019)
      • Consolidates existing wage-related laws.
      • Establishes minimum wages and ensures timely payment.
      • Aims to promote fair wages across various sectors.
    • Code on Social Security (2020)
      • Provides a framework for social security benefits for workers.
      • Extends benefits to unorganized sector workers and gig workers.
      • Includes provisions for maternity benefits, health insurance, and pensions.
    • Industrial Relations Code (2020)
      • Aims to promote harmonious industrial relations.
      • Simplifies the process for forming trade unions and negotiating collective agreements.
      • Introduces provisions for dispute resolution and strikes.
    • Occupational Safety, Health, and Working Conditions Code (2020)
      • Establishes comprehensive health and safety standards for workplaces.
      • Mandates regular safety audits and health checks.
      • Aims to ensure safe working conditions for all employees.
  • Important portals for labor rights in India: 
    • Shram Suvidha Portal
    • SAMADHAN Portal
    • National Portal of India

Prelims Articles

Context

Chief Justice of India (CJI) Dhananjaya Y Chandrachud set in motion the process for appointing his successor by recommending justice Sanjiv Khanna, the Supreme Court’s senior-most judge, to the Union government.

Who is a CJI?

  • The Chief Justice of India (CJI) is appointed by the President of India.
  • The process of appointment involves consultation between the President and the current Chief Justice of India, as well as other key officials.
  • The procedure is outlined in Article 124 of the Indian Constitution.
  • Appointment Consultation: The President of India, while appointing the Chief Justice of India, is required to consult with the following individuals:
    • The Chief Justice of India
    • The Judges of the Supreme Court and High Courts as the President deems necessary.
  • Recommendation by the Outgoing CJI: Typically, the outgoing Chief Justice of India recommends the name of the most senior judge of the Supreme Court as the next Chief Justice. The seniority is determined based on the length of service as a judge.
  • President's Decision: After consultations and considering the recommendations, the President makes the final decision on the appointment of the Chief Justice of India.
  • Oath of Office: Once appointed, the new Chief Justice of India takes the oath of office before the President. It's important to note that the appointment of the Chief Justice of India is based on the principle of seniority, and the most senior judge of the Supreme Court is typically appointed to the position.
  • However, the President is not bound by the principle of seniority and has the discretion to appoint any judge of the Supreme Court as the Chief Justice.
  • The Chief Justice of India holds office until the age of 65 years or until retirement, whichever is earlier.
  • If a Chief Justice demits office, the President appoints the next senior-most judge of the Supreme Court as the new Chief Justice.
  • The process is designed to ensure the independence of the judiciary and the continuity of leadership within the Supreme Court.

Prelims Articles

Context

Recently, the Indian government's initiative to implement the universal supply of fortified rice has come under scrutiny. Concerns have been raised regarding the safety of fortified rice and allegations that the approval was influenced by multinational companies. In response, the Union Food Ministry has asserted that fortified rice is a critical measure aimed at combating micronutrient deficiencies in the country.

What is Fortified Rice?

  • Fortified rice refers to rice that has been enhanced with essential vitamins and minerals to address nutrient deficiencies in the population.
  • This process involves adding micronutrients, such as iron, folic acid, and other vitamins, to improve the nutritional quality of rice, which is a staple food for many in India.
    • Purpose: The primary goal of rice fortification is to combat micronutrient deficiencies prevalent in India, particularly among vulnerable populations such as children and pregnant women.
    • Safety Considerations: Scientific evaluations conducted by various committees have indicated that fortified rice is safe for consumption, even for individuals with conditions like Thalassemia and Sickle Cell Anemia. The Ministry emphasizes that the iron content in fortified rice is minimal and poses no significant health risks.
    • Implementation: The rice fortification program began in 2019 and has expanded significantly. Currently, a large network of manufacturers and rice mills across India is equipped to produce and distribute fortified rice efficiently.
  • Fortified Staple food: India is giving a massive push to fortify daily staples like cereals and milk with minerals and vitamins as a solution to micronutrient deficiency.
    • So far, India has developed fortification standards for rice, wheat, edible oils, salt and milk.
  • Science behind rice fortification:
    • Under the fortification scheme, milled broken rice is ground to dust and a premix of vitamins and minerals is added to it.
    • Thereafter, an extruder machine is used to produce fortified rice kernels (FRK) resembling rice grains.
    • The kernels are then mixed in a 1:100 ratio with regular rice to produce fortified rice. The cost to the consumer is estimatedto be less than 50 paisa per kg.
    • Rice kernels can be fortified with several micronutrients, such as iron, folic acid and other B-complex vitamins, vitamin A and zinc.

Prelims Articles

Context

Recent research has highlighted a potential "gut-brain connection" in Parkinson's Disease (PD), shifting the traditional understanding of this neurodegenerative disorder. As scientists investigate how gastrointestinal health may influence PD, findings suggest that gut-related symptoms could precede classic motor symptoms by many years.

What the Research Has Found?

A notable study published in JAMA Network Open revealed that patients with a history of upper gastrointestinal mucosal damage (MD) had a 76% increased risk of developing PD. This finding underscores the importance of gastrointestinal health in understanding and potentially diagnosing Parkinson’s Disease.

  • Gastrointestinal Dysfunction: Numerous studies have indicated that gastrointestinal symptoms, particularly constipation, can manifest years before the diagnosis of PD. Many patients report these symptoms up to 20 years prior to the onset of motor symptoms, suggesting that PD may begin in the gut rather than solely in the brain.
  • Gut Microbiome Influence: The gut microbiome—comprising trillions of microorganisms—plays a significant role in various bodily functions, including immune response and metabolism. Dysbiosis, or an imbalance in gut bacteria, has been linked to various neurological conditions, including PD.
  • Alpha-Synuclein Aggregation: A major breakthrough in understanding the gut's involvement in PD is the discovery of alpha-synuclein protein aggregates, which form Lewy bodies found in both the brain and the gut of PD patients. These aggregates appear in the enteric nervous system before they are detected in the brain, indicating a possible pathway for the disease's progression.
  • Dietary Factors: The composition of gut microbiota is influenced by dietary habits, such as the consumption of ultra-processed foods and antibiotic misuse. Maintaining good gut hygiene through a balanced diet and healthy habits may help mitigate risks associated with PD.
  • Potential for Early Diagnosis and Treatment: The recognition of gastrointestinal symptoms and their connection to alpha-synuclein in the gut opens new avenues for early diagnosis and treatment of PD. Targeting gut health may lead to innovative approaches to slow or potentially prevent disease progression.

Fact Box: Parkinson’s Disease

  • Parkinson’s disease is a condition where a part of brain deteriorates, causing more severe symptoms over time. 
  • It is an age-related degenerative brain condition
  • It causes parts of your brain to deteriorate.  It’s best known for causing slowed movements, tremors, balance problems and more.
  • Cause: Most cases happen for unknown reasons, but some are inherited.
  • Cure: The condition isn’t curable, but there are many different treatment options.

Editorials

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Context

The idea of Universal Basic Income (UBI) has gained renewed attention due to a report from the International Labour Organization highlighting job growth stagnation globally, exacerbated by automation and AI. In India, this is particularly pertinent as youth unemployment remains a pressing issue. The concept has resurfaced amid discussions on replacing inefficient welfare schemes with direct income transfers.

Overview of UBI and Its Challenges

  • Defining UBI: Universal Basic Income is a model of social security where all citizens receive a regular, unconditional sum of money, regardless of other income. This differs from existing cash transfer schemes that target specific demographics. The goal of UBI is to provide a safety net amidst rising unemployment and jobless growth.
  • Feasibility vs. Desirability: While UBI could address poverty and unemployment, debates revolve around its feasibility within budgetary constraints. Policymakers need to weigh the potential benefits of a UBI against other policy priorities, such as stimulating job growth and providing universal basic services.
  • Existing Cash Transfer Schemes: India has implemented various income transfer schemes, such as PM-KISAN, which provides Rs 6,000 annually to farmers. However, issues like inclusion errors highlight the inefficiencies of targeted schemes, prompting discussions on the merits of a universal approach to income transfers.

Proposed Modified UBI

  • Feasible Implementation: A more practical approach to UBI would involve limited transfers pegged at 1% of GDP per capita, providing approximately Rs 144 monthly to every citizen. This amount could be implemented by expanding existing schemes like PM-KISAN to include all citizens, thus simplifying administrative processes.
  • Logistical Considerations: Implementing a modified UBI would require addressing challenges like ensuring access to cash-out points and minimizing technology failures during distribution. Successful execution would depend on overcoming these last-mile delivery issues to reach the intended beneficiaries.
  • Complementary Policy Integration: Combining UBI with existing schemes such as MGNREGS could enhance coverage for vulnerable groups, including the elderly and disabled. Such integration underscores the importance of both income and in-kind transfers, especially highlighted during crises like the COVID-19 pandemic.

Practice Question

Q. Discuss the potential advantages and challenges of implementing a Universal Basic Income in India, considering existing welfare schemes and fiscal constraints.

Editorials

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Context

The Supreme Court recently delivered a landmark judgment on Section 6A of the Citizenship Act, 1955, through a five-judge Constitution Bench. This ruling is significant as it offers a detailed examination of citizenship rights under the Constitution and the implications for various constitutional articles, particularly in the context of Assam's history of migration.

Examination of Citizenship

  • First Comprehensive Analysis: This judgment marks the Supreme Court's first extensive examination of the meaning of citizenship under the Indian Constitution. The Court explored the definition of citizenship and its implications for national identity, focusing on fraternity and inclusivity rather than exclusivity.
  • Link to Right to Culture: The Court also addressed the right to culture under Article 29 for the first time, emphasizing that the existence of Section 6A does not infringe upon the cultural rights of indigenous Assamese people. Instead, it suggested that grievances stem from the lack of action against illegal migrants who entered post the cut-off date.
  • Intersection with Voting Rights: For the first time, the Court analyzed the relationship between the right to vote and citizenship, rejecting claims that Section 6A dilutes the electoral rights of original inhabitants. The ruling clarified that Article 326 does not allow groups to exclude others from voting rights, reinforcing a more inclusive electoral framework.

Judicial Opinions and Dissent

  • Majority Opinion Insights: The majority opinion accepted a broad interpretation of citizenship and rejected the notion of cultural exclusivity. The judgment affirmed that the right to conserve culture coexists with the recognition of multiple cultures within Assam.
  • Dissenting View on Temporal Unreasonableness: Justice Pardiwala's dissent introduced the concept of temporal unreasonableness, arguing that Section 6A has become outdated and unreasonable over time due to its failure to address illegal migration effectively. This perspective suggests a potential re-evaluation of statutory provisions as societal contexts change.
  • Future Implications: The ruling opens avenues for further debates on citizenship in India, including the constitutionality of the Citizenship Amendment Act, 2019. The differing opinions underscore the complexities surrounding citizenship and migration issues, indicating that this area of law will continue to evolve.

Practice Question

Q. Discuss the implications of the Supreme Court's judgment on Section 6A of the Citizenship Act for understanding citizenship rights in India, particularly in relation to cultural preservation and electoral rights.

Editorials

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Context

The G-20 Summit in 2023, emphasized the need for accelerating the implementation of the UN Agenda 2030 for Sustainable Development. Following this, the UN hosted the "SDG Summit" in September 2023, to review progress on the 17 Sustainable Development Goals (SDGs). This context prompts a critical examination of India's human development progress as reported in the UNDP's latest Human Development Report (HDR).

Human Development Index (HDI) Overview

  • Current Status: India is classified under the ‘medium human development category’ with an HDI value of 0.644, ranking 134 out of 193 countries. Despite an increase from 0.638 in 2019-20 and 0.633 in 2021, India's HDI ranking is lower than several neighboring countries, including Malaysia (63) and China (75).
  • Historical Progress: Since 1990, India’s HDI value increased by 48.4%, from 0.434 to 0.644 in 2022. However, during 2015-2022, India's HDI ranking improved by only four places, lagging behind neighboring countries like Bangladesh, which improved by 12 ranks, and China, which improved by 18 ranks.
  • Impact of COVID-19: The COVID-19 pandemic significantly affected India's human development dimensions, particularly education and income, contributing to slower progress during the critical 2015-2022 period. The pandemic's repercussions have underscored the vulnerabilities within India's human development framework.

Gender Gaps and Labour Force Participation

  • Gender Development Index (GDI): India exhibits substantial gender disparities, ranking among the seven countries with low gender equality in HDI achievements. The GDI indicates significant gaps in human development between men and women, revealing a need for targeted policies.
  • Labour Force Participation: The Labour Force Participation Rate (LFPR) in India shows a 47.8 percentage point gap between women (28.3%) and men (76.1%). This gap is pronounced compared to neighboring countries, such as Bhutan (53.5%) and Bangladesh (39.2%), highlighting systemic barriers to female employment.
  • Rural vs. Urban Disparities: The latest Periodic Labour Force Survey indicates that female LFPR in rural areas increased from 24.6% in 2017-18 to 41.5% in 2022-23, while urban areas saw only a slight increase from 20.4% to 25.4%. This disparity necessitates focused research and policy initiatives to enhance women's participation across sectors.

Income Inequality

  • Rising Income Inequality: India has one of the highest income shares held by the richest 1%, at 21.7%, significantly exceeding countries like Bangladesh (11.6%) and Nepal (9.7%). This indicates a troubling trend in wealth concentration that exacerbates social inequities.
  • Global and Regional Comparisons: India's income inequality surpasses the world average of 17.5% and the South Asia average of 19.6%, signaling a pressing need for policy interventions. Comparatively, regions like East Asia and Europe have lower inequality rates, underscoring India's unique challenges.
  • Implications for SDGs: Addressing the intertwined issues of gender inequality and income disparity is crucial for India to achieve the SDGs. Without targeted efforts, the goal of sustainable development remains elusive, necessitating urgent policy reforms.
Practice Question

Q. Analyze the implications of India's Human Development Report findings on its progress toward achieving the Sustainable Development Goals, particularly focusing on gender equality and income inequality.

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