GS Analyst: Daily Current Affairs

Context

The brief focuses on the significance, challenges, and geopolitical implications of the BRICS forum's expansion and its role in global politics, primarily driven by China's and Russia's interests.

BRICS Expansion and Challenges:

• Numerical Expansion Not Enough: Expanding BRICS membership may not enhance its efficiency as larger numbers can dilute coherence and amplify bilateral differences.
• Managing Bilateral Conflicts: The presence of conflicting nations like India-Pakistan and India-China can hinder effective coordination within BRICS, similar to limitations faced by other regional forums.
• Impact on Effectiveness: The ongoing conflict between India and China in Ladakh has cast a shadow over BRICS, limiting its ability to address global challenges collectively.

Geopolitical Motivations of China and Russia:

• China's and Russia's Intentions: China champions BRICS expansion to mobilize the non-Western world for its rivalry with the US, while Russia also used it to balance against the West.
• BRICS as a Bipolar Platform: China and Russia aim to transform BRICS into a platform for challenging Western dominance, turning it into a bipolar confrontation with the West.
• Misconceptions About the Global South: Associating BRICS with the Global South overlooks its origins and evolution, as the forum is led by one of the competing power blocs - the Sino-Russian alliance.

BRICS as a Geopolitical Tool:

• Geopolitical Significance: Many nations seek BRICS membership to enhance their bargaining power in negotiations with the US, rather than being motivated by ideological concerns.
• Political Posturing: Post-colonial elites use the anti-Western rhetoric of BRICS to demonstrate strength, but their focus is more on asserting their interests than ideological alignment.
• Outcome and Importance: While China and Russia may gain some ground in their geopolitical battles through BRICS, their successes are overshadowed by challenges in their own regions and globally.

Context:

The recent disqualification of Rahul Gandhi, based on his conviction and imprisonment in a defamation case, has brought attention to the legal complexities and implications associated with the disqualification of sitting legislators in India. The focus is on the Supreme Court's decision to strike down Section 8(4) of the Representation of People Act 1951.

Disqualification and Legal Framework:

• Instant Disqualification and Lily Thomas Case: The disqualification of Rahul Gandhi based on his conviction in a defamation case raised questions about the legal basis of instant disqualification for sitting legislators. The Supreme Court's judgment in Lily Thomas vs Union of India (2013) invalidated Section 8(4) of the Representation of People Act 1951, removing the three-month appeal window before disqualification took effect.
• Section 8(3) and Disqualification: With the removal of Section 8(4), only Section 8(3) remains, which stipulates that a person convicted and sentenced to imprisonment for at least two years shall be disqualified from the date of conviction. The wording does not explicitly indicate an immediate disqualification upon the court's pronouncement of guilt.
• Disqualification Authority and Presidential Role: The authority to declare a sitting legislator disqualified might lie with the President of India under Article 103. While the Supreme Court rejected this proposition in Lily Thomas, the Consumer Education & Research ... vs Union Of India & Ors (2009) held that the President's declaration is necessary for disqualification.

Legal Implications and Challenges:

• Staying of Sentence and Conviction: The question arises whether the stay of only sentence or the stay of conviction itself is required to lift the disqualification. Different High Courts have held differing views on this issue, adding complexity to the interpretation of disqualification.
• Quantum of Sentence and Disqualification: Disqualification hinges on the imprisonment term being two years or more. The recent case of Rahul Gandhi emphasized this connection, highlighting that the disqualification's trigger is the sentence length, not just the conviction itself.
• Career Impact and Urgent Attention: Instant disqualification can significantly affect legislators' careers, especially given the slow pace of appeals and legal proceedings. There's a need to address this issue urgently to ensure the stability of legislators' careers and prevent abrupt disqualifications.

Context

The Himachal Pradesh landslides highlight Himalayan ecosystem vulnerabilities. This crisis calls for a collaboration among the Himalayan states for disaster management and sustainable development.

Challenges of the Himalayan Ecosystem:

• Fragile Ecosystem: The Himalayas, a young and dynamic mountain range, face vulnerability due to tectonic activities, erosion, weathering, and climatic events like heavy precipitation.
• Climate-Induced Hazards: Increasing avalanches, landslides, floods, and glacial lake outbursts are worsened by freezing/thawing and heavy rain/snow, endangering the region.
• Human Impact: Anthropogenic activities exacerbate stress on the Himalayas, necessitating resilience-building against natural and human-induced hazards.

Resilience Measures and Early Warning:

• Technological Solutions: Implementing sensor networks, real-time monitoring, and AI/ML-based Early Warning Systems (EWS) can aid in anticipating and managing geo-hazards.
• Climate Change Impact: Glacial changes, river systems, and biodiversity shifts due to climate change increase the susceptibility of Himalayan states to disasters.
• Risk Assessment: Creating vulnerability maps based on slope factors, hydrology, and geological conditions can categorize regions as most, moderately, or least vulnerable, aiding targeted strategies.

Integrated Approach for Sustainable Development:

• Subsurface Stresses: Plate convergence has led to earthquakes and rock movements, necessitating landslide warning systems using rainfall thresholds and advanced monitoring tools.
• Collaborative Governance: Establishing a Council of Himalayan States can pool resources to assess natural processes, climate impacts, and disaster management strategies.
• Balanced Development: Utilizing the region's resources for socioeconomic growth requires ecological sustainability, considering town planning, infrastructure, and adherence to building codes.