Monthly-Current-Affairs-May-2020

Easy to PICK187 – “UPSC Monthly Magazine\" May - 2020  In 2008, Delimitation was done based on and no Delimitation Commission was set the 2001 census, but the total number of up by the state government after the 2001 seats in the Assemblies and Parliament Census as the J&K Assembly passed a law decided as per the 1971 Census was not putting a freeze on fresh delimitation until changed. 2026. This freeze was upheld by the Supreme Court.  The constitution has also capped the number of Lok Shaba & Rajya Sabha seats to a maximum of 550 & 250 respectively and increasing populations are being represented by a single representative. Delimitation provisions of the J&K Constitution:  Delimitation of Jammu and Kashmir’s Lok Sabha seats is governed by the Indian Constitution, but delimitation of its Assembly seats (until special status was abrogated recently) was governed separately by the Jammu and Kashmir Constitution and Jammu and Kashmir Representation of the People Act, 1957.  As far as delimitation of Lok Sabha seats is concerned, the last Delimitation Commission of 2002 was not entrusted with this task. Hence, J&K parliamentary seats remain as delimited on the basis of the 1971 Census.  As for Assembly seats, although the delimitation provisions of the J&K Constitution and the J&K Representation of the People Act, 1957, are similar to those of the Indian Constitution and Delimitation Acts, they mandate a separate Delimitation Commission for J&K. In actual practice, the same central Delimitation Commission set up for other states was adopted by J&K in 1963 and 1973.  While the amendment of 1976 to the Indian Constitution suspended delimitation in the rest of the country till 2001, no corresponding amendment was made to the J&K Constitution.  Hence, unlike the rest of the country, the Assembly seats of J&K were delimited based on the 1981 Census, which formed the basis of the state elections in 1996.  There was no census in the state in 1991

Easy to PICK188 – “UPSC Monthly Magazine\" May - 2020 National Assessment and Accreditation Council (NAAC) Context The data submitted will then be validated. Union Human Resource Development Minister Stage 2 Shri Ramesh Pokhriyal Nishank interacted with This assessment will be based on various Heads of more than 45,000 Higher Educational components, such as the number of faculties, the Institutions across the country today through number of research journals in the library, and the Webinar hosted by National Assessment and number of international publications produced by Accreditation Council (NAAC), Bengaluru. The the institute. Minister addressed and Interacted with a Galaxy Various disciplinary measures are put in place for of Academicians comprising participation from institutes and colleges for submitting incorrect Vice Chancellors / Registrars / Professors / IQAC data. heads / Principals / Faculty from across the Nation. The on-site grading is still a part of the assessment process. It is just 30% of the process and is the last What is NAAC? part of the NAAC assessment procedure.  It is an organisation that assesses and Functions of NAAC accredits higher education institutions  Periodic assessment and accreditation of (HEIs) in India. institutions of higher education.  Stimulate the academic environment for  It is an autonomous body funded by the the promotion of the quality of teaching- University Grants Commission (UGC). learning and research in higher education institutions.  It is an outcome of the recommendations  Encourage self-evaluation, accountability, of the National Policy in Education (1986) autonomy and innovations in higher which laid special emphasis on upholding education. the quality of higher education in India.  Undertake quality-related research studies, consultancy and training programmes.  Headquartered in Bangalore.  Collaborate with other stakeholders of  The mandate of the NAAC as reflected in higher education for quality evaluation, promotion and sustenance. its vision statement is in making quality  HEIs with a record of at least two batches assurance an integral part of the of students graduated, or that have been in functioning of Higher Education existence for six years, whichever is Institutions (HEIs). earlier, are eligible to apply for the process  The NAAC functions through its General of Assessment and Accreditation (A&A) Council (GC) and Executive Committee of NAAC. (EC) comprising of educational  The NAAC accreditation does not cover administrators, policymakers and senior distance education units of HEIs and academicians from the cross-section of offshore campuses. Indian higher education system.  It also does not accredit institutions providing technical education (that is NAAC Procedure covered by the National Board of Accreditation (NBA), an organization The process of accreditation by NAAC was established by the All India Council for completely done on-site by a group of assessors. After the Revised Accreditation Framework in 2017, the following two-stage process is followed: Stage 1 Institutions keen to be assessed should submit an Institutional Information for Quality Assessment (IIQA) and Self Study Report (SSR) to NAAC.

Easy to PICK189 – “UPSC Monthly Magazine\" May - 2020 Technical Education (AICTE)). Paramarsh Scheme  Paramarsh – is a scheme for mentoring the National Accreditation and Assessment Council (NAAC) accreditation aspirant institutions to promote quality assurance in Higher Education.  The scheme will be operationalized through a “Hub & Spoke” model wherein the mentor institution, called the “Hub” is centralized and will have the responsibility of guiding the mentee institution through the “Spoke” i.e. through the services provided to the mentee for self- improvement.  It would also facilitate the sharing of information, knowledge and opportunities for research collaboration and faculty development in the mentee institutions.  It would aid in improving the accreditation culture, as the scheme aims at accrediting all the Higher Education Institutions by 2022.

Easy to PICK190 – “UPSC Monthly Magazine\" May - 2020 National Optical Fibre Network (NOFN) National Optical Fibre Network (NOFN) is an ambitious initiative to trigger a broadband revolution in rural areas. It aims to connect all the Gram panchayats in the country and provide 100 Mbps connectivity to all gram panchayats (GPs). Bharat Net  BharatNet project was establish in 2017, to provide digital infrastructure on a non-discriminatory basis by an affordable broadband connectivity of 2 Mbps to 20 Mbps for all households.  The entire project is being funded by Universal service Obligation Fund (USOF), which was set up for improving telecom services in rural and remote areas of the country.  The objective is to facilitate the delivery of e-governance, e-health, e-education, e- banking, Internet and other services to the rural India.

Easy to PICK191 – “UPSC Monthly Magazine\" May - 2020 Appointment of Chief Election Commissioner (CEC) At present, the Election Commission of India (ECI) is a three-member body, with one Chief Election Commissioner (CEC) and two Election Commissioners (EC).  Under Article 324(2) of the Constitution of India, the President of India is empowered to appoint the CEC and the ECs.  Article 324(2) also empowers the President of India to fix from time to time the number of Election Commissioners other than the CEC.  When any other election commissioner is so appointed the CEC shall act as the chairman of the election commission.  All Election commissioners have equal powers and receive equal salary allowances and other perquisites which are similar to those of a judge of the Supreme Court.  If the CEC and other ECs differ in opinion on any matter, such matter shall be decided by according to the opinion of the majority  The CEC or an EC holds office for a term of six years from the date on which he assumes his office or until he attains the age of 65 years before the expiry of six years term.  Apart from other election commissioners CEC is provided with security of tenure he can be removed from his office only on the basis resolution passed in parliament with special majority in both the houses (Impeachment process). Key points to remember  The constitution has not prescribed the qualifications (legal, educational, administrative or judicial) for the CEC or any other members of Election commission.  The constitution has not debarred the retiring election commissioners from any further appointment by the government.

Easy to PICK192 – “UPSC Monthly Magazine\" May - 2020 Accessible India Campaign (AIC) It is a nationwide flagship campaign of the Department of Empowerment of Persons with Disabilities (DEPwD) under Ministry of Social Justice and Empowerment. The aim of the Campaign is to make a barrier free and conducive environment for differently abled all over the country. For creating universal accessibility for differently abled persons the campaign has been divided into three verticals:  Built Environment.  Transport.  Information & Communication Technology (ICT) ecosystem. This campaign is in line with UNCRPD (UN Convention on the Rights of Persons with Disabilities) to which India is a signatory.

Easy to PICK193 – “UPSC Monthly Magazine\" May - 2020 Export control regime Australia Group NSG Nuclear Suppliers Group (NSG) is a multinational Recently the Australia Group admitted (2018) body concerned with reducing nuclear India as its 43rd participant. India’s entry would proliferation by controlling the export and re- contribute to international security and non- transfer of materials that may be applicable to proliferation objectives. nuclear weapon development. NSG was set up in The Australia Group (AG) is an informal forum 1974 as a reaction to India’s nuclear tests. of countries which, seeks to ensure export controls over development of chemical or biological weapons. By this AG nations would fulfil their obligations under the Chemical Weapons Convention and the Biological and Toxin Weapons Convention to the fullest extent possible. MTCR It is a multilateral, consensus based grouping of 35 member countries who are voluntarily committed to the non-proliferation of missiles capable of carrying chemical, biological and nuclear weapons of mass destruction (WMDs). It controls the export of the technologies and materials involved in ballistic missile systems and unmanned aerial vehicles capable of carrying nuclear warheads. This is a non–treaty association which has a rule-based regulation mechanism to limit the transfer of such critical technologies of these missile systems. India joined the Missile Technology Control Regime (MTCR) in 2016. Wassenaar Arrangement (WA) The Wassenaar Arrangement (WA) has been established in order to contribute to regional and international security and stability. It promotes transparency and greater responsibility in transfers of conventional arms and dual-use goods and technologies, thus preventing destabilising accumulations. The aim is also to prevent the acquisition of these items by terrorists. Participating States ensure that transfers of these items do not contribute to the development or enhancement of military capabilities. India became a member of WA in 2017.

Easy to PICK194 – “UPSC Monthly Magazine\" May - 2020 United Nations Military Gender Advocate of the year Award United Nations Military Gender Advocate of Affairs, which sits within the Department the year Award for Peacekeeping Operations (DPKO) in the United Nations, requested Force  Major Suman Gawani, an Indian Army Commanders and Heads of Mission officer who served as a women from all DPKO peacekeeping missions peacekeeper with the United Nations to nominate a military Mission in South Sudan (UNMISS) in peacekeeper whom they felt had best 2019 is being awarded the prestigious integrated a gender perspective into “United Nations Military Gender peacekeeping activities. Advocate of the year Award” on 29 May 2020.  She will receive the award from the UN Secretary General Mr Antonio Guterres during an online ceremony being organised at the UN Headquarters, New York on the occasion of International Day of United Nations Peacekeepers.  Major Suman will be receiving this award alongwith a Brazilian Naval Officer Commander Carla Monteiro de Castro Araujo.  Major Suman served as a Military observer in UNMISS from November 2018 to December 2019.  While at the mission, she was the principal focal point of contact for gender issues for Military Observers in the mission.  The officer encouraged participation in joint military patrols to maintain gender balance, irrespective of the hardships under extreme field conditions. GENDER ADVOCATE OF THE YEAR AWARD  The United Nations Military Gender Advocate of the Year Award recognises the dedication and effort of an individual peacekeeper in promoting the principles within the United Nations Security Council Resolution 1325.  2016 marks the first year the award will be given out.  The selection process for a recipient began in 2015 when the Office of Military

Easy to PICK195 – “UPSC Monthly Magazine\" May - 2020 EDITORIAL PLUS

Easy to PICK196 – “UPSC Monthly Magazine\" May - 2020 Taiwan’s coronavirus protocol shows how it is done By, Dr. Chen Shih-chung is Minister of Health and The CECC is able to effectively integrate Welfare, Taiwan resources from various ministries and invest itself fully in the containment of the epidemic. Introduction In response to the threat of the COVID-19 epidemic, Taiwan has implemented dynamic Pandemics can spread rapidly around the world plans concerning border quarantine measures, because of the ease of international including onboard quarantine, fever screening, transportation. health declarations, and a 14-day home quarantine for passengers arriving from The most salient examples are the Spanish flu of nations it has listed under the Level 3 Warning. 1918, the Severe Acute Respiratory Taiwan has increased its laboratory testing Syndrome (SARS) outbreak of 2003, and capacity, expanded the scope of its the H1N1 influenza of 2009. surveillance and inspections based on trends of the COVID-19 epidemic, and retested people with Intermittently, serious regional epidemics, such as higher risk who had already tested negative, the Middle East Respiratory Syndrome (MERS) in including patients with symptoms of severe 2012, Ebola in West Africa in 2014, and the Zika influenza, community cases with upper virus in Central and South America in 2015-16, respiratory tract infections who were already have also reared their heads. being monitored, and cluster cases of upper respiratory tract infections, to identify suspected Today, a novel form of pneumonia that first cases and perform treatment in isolation wards. emerged in Wuhan, China, at the end of 2019 and has since been classified as coronavirus disease Meanwhile, it has designated 50 regional hospitals 2019 (COVID-19) has caused a global pandemic. and medical centres and 167 community hospitals As of April 8, 2020, World Health Organisation and clinics to create a tiered system for (WHO) data shows that 1.35 million people had testing. These hospitals and clinics are required to been confirmed as having the disease. set up special wards or areas; in principle, COVID-19 patients are isolated and treated Taiwan’s strategy (Early individually in these wards and areas to prevent nosocomial infections. Implementation and Quick response) Moreover, Taiwan has banned the export of In the 17 years since it was hit hard by the SARS surgical masks since January 24, requisitioned masks, and expanded domestic mask production outbreak. to more effectively allocate masks. As a result, when information concerning a novel Despite its proximity to China, Taiwan ranked 123 among 183 countries in terms of confirmed cases pneumonia outbreak was first confirmed per million people. This has shown that Taiwan’s aggressive efforts to control the epidemic are on December 31, 2019, Taiwan working. began implementing onboard Harnessing technology quarantine of direct flights from Wuhan that Taiwan has established an electronic system for entry quarantine, which allows passengers with same day. On January 2, 2020, Taiwan established a response team for the disease and activated the Central Epidemic Command Center (CECC) on January 20 as a level 3 government entity, upgrading it to level 2 and level 1 on January 23 and February 27, respectively.

Easy to PICK197 – “UPSC Monthly Magazine\" May - 2020 a local mobile phone number to fill in health Moreover, Taiwan has communicated with other information using a mobile phone. countries such as Japan, the Republic of Korea, Singapore, Malaysia, the Philippines, the United A health declaration pass will then be sent to States, Canada, Italy, France, Switzerland, them as a text message. Germany, the United Kingdom, Belgium, and the Netherlands, as well as the European Centre for This is connected to the community care Disease Prevention and Control, to share support management system, which allows information on confirmed cases, travel and government agencies to provide care services contact histories of patients, and border control and medical assistance. measures. The travel history of individuals is now stored on Taiwan has uploaded the genetic sequence of the National Health Insurance (NHI) card to COVID-19 to the GISAID Initiative, or alert physicians to possible cases and prevent the Global Initiative on Sharing All Influenza community transmission. Data (GISAID). For those undergoing home quarantine or Way Ahead isolation, the government is working with telecom operators to allow GPS tracking of their We urge WHO and related parties to acknowledge locations. Taiwan’s long-standing contributions to the international community in the areas of public Quarantine offenders are subject to fines or health, disease prevention, and the human right to mandatory placement according to relevant laws health, and to include Taiwan in WHO and its and regulations, so as to prevent transmission. meetings, mechanisms, and activities. Taiwan launched a name-based rationing system for mask purchases at NHI-contracted Echoing the mantra of the United Nations’ 2030 pharmacies and local public health agencies. Sustainable Development Goals, no one should be It added an ordering system for masks .This allows left behind. people to order online and pick up masks at convenience stores. These measures have helped us achieve effective allocation of limited resources and meet health-care, epidemic prevention, household, and industrial needs. Global linking and beyond Global health security requires the efforts of every person to ensure an optimal response to public health threats and challenges. Taiwan, though not a member of WHO, cannot stand alone and must be included in the fight against such threats and challenges. Taiwan has fulfilled its responsibilities and abided by the International Health Regulations 2005 (IHR 2005) in notifying WHO of confirmed COVID-19 cases.

Easy to PICK198 – “UPSC Monthly Magazine\" May - 2020 Pandemics without borders, South Asia’s evolution Kanak Mani Dixit, a writer and journalist based in The public’s fear of the virus is allowing Kathmandu, is founding Editor of the magazine, Presidents and Prime Ministers to press on with Himal Southasian top-down rule, whereas the lockdown should be the time to generate momentum towards federal Introduction devolution and Gandhi’s empowering ‘gram swaraj’ — a term that must be revived without a Even if the COVID-19 pandemic spares South sense of embarrassment. Asia the worst impact it has reserved thus far for the northern latitudes, it is certain that this region In Sri Lanka, President Gotabaya Rajapaksa of nearly a fourth of the global population will takes advantage of COVID-19 to grant pardon be wounded gravely — economically, and as the to a war criminal. process unfolds, socio-politically. Holding the largest volume and density of poverty In Pakistan, the Army has Prime Minister Imran in the world, the countries of South Asia are Khan against the ropes, and Nepal’s political class looking into an abyss of distress and discontent. uses the pandemic for political adventurism and Prime Minister K.P. Sharma Dire sign Oli engages the military to carry out key COVID- 19 tasks, from buying protective gear to contact As the region from the Indian Ocean to the tracing. Himalaya is hit by recession, more than half a century’s effort against poverty could be wasted. The virus has solidified the foundation of Amidst our separate insularities, South Asians Sheikh Hasina’s one-party rule in Bangladesh. should take the pandemic as a wake-up call India’s continent-sized polity craves federalism, beyond public health, on ills ranging but COVID-19 has energised Prime Minister from plastic pollution to global Narendra Modi’s centralising mission. His warming, extinction of species, hijacking of the Hindutva-backed, Pakistan-focused ultra- commons, dirty water, toxic air, a weakening of nationalism creates a web of control that the welfare state, infrastructural strengthens Mr. Modi but weakens India. exceptionalism — and the rapid conversion of our After a series of polarising actions from Kashmir demographic diversity into the worldwide to the Citizenship (Amendment) Act, we watch sameness of a suburban mall. unbelievingly as Islamophobia is injected into the pandemic response. If we fail to act, the COVID-19 episode will be but an interlude as we wade further into The majoritarian attitude exhibited by the state, the Anthropocene quicksand. mass media and social media towards India’s 200 As a dire telegram sent by Earth to Humanity, million Muslims will before long transfer to the COVID-19 has laid bare the demagoguery that Dalit, tribal and Adivasi communities, and the marks the democracies of South Asia. underclass as a whole. The response of the regimes has been to entrench The anti-poor imperiousness seen in the themselves further, and they are shifting blame on demonetisation of November 2016 was evident mal-governance to the pandemic even as they also in the four-hour notice given for lockdown on tighten state control through surveillance, the night of March 23, in a country of more than repressive laws and radical populism backed by 350 million workers, many of whom are internal ultra-nationalism. migrants

Easy to PICK199 – “UPSC Monthly Magazine\" May - 2020 Soft power of relationships. The reason to talk at length about India within Internally, power must devolve from the South Asia is that the country comprises much of capital to the provincial units of the two larger the region by population and geography. Further, countries (Pakistan and India), as well the actions and the omissions of India impact each as empowerment of local governments all over neighbour. (as done in Nepal under the 2015 Constitution, but not yet fully implemented). The trajectory of India, with its galloping centralisation, removes governance from the Externally, the countries of South Asia must people’s reach. There was a time, decades ago, bring down the hyper-nationalist mind when New Delhi’s messaging was limited to barriers to allow porous borders, promises of ‘roti, kapda aur makaan’, but ever thereby reviving historical synergies in more populist slogans were required to maintain economy, ecology and culture. This is essential command. Hence, the strident Hindutva-laced for both social justice and economic growth, and nationalism, which can only divert attention of the cannot happen without a palpable reduction in huddled masses, not spread prosperity nor social military expenditures that will come with justice. abandonment of the national security state. In both India and Pakistan, the two large countries South Asian regionalism requires resuming of South Asia, ending insensitivity and the evolution of the subcontinental inefficiency in governance require power and polity that was terminated in 1947 with agency to pass to the provinces/States. Partition. Self-correction is only possible in smaller, devolved polities. Regionalism would lead to collaborative battles against pestilence, and for wealth creation India has shone in the world because of its soft through trade, comparative advantage, and power, defined by a textured history, empathetic economies of scale. Regionalism would help open society, “scientific temper” and Gandhian fight plastic pollution in our rivers, battle the legacy. air pollution that wafts across our frontiers, promote cooperation in natural and human-made If India were an internationally confident nation- disasters, and boost the economies of the state, as in decades past, it would have used its geographical “periphery” of each country. clout to lobby and build demand for a sitting of the UN Security Council to discuss the global security Internal devolution and cross-border threat represented by the COVID-19 pandemic. bonding has always been a necessity but India is also weakened internally by the New impossible for some to contemplate. Hopefully, Delhi intelligentsia’s China fixation, which must the shake-up of the COVID-19 pandemic will be overcome. Unknowingly or with deliberation, succeed where past exhortations have failed. New Delhi seeks to copy-paste Beijing’s centralism as well as its xenophobia, both of which are bound to backfire in a country whose historicity and circumstances are quite different. A reformatting The unflinching lack of caring for the citizenry by governments in South Asia can only be reversed through a formula that incorporates the internal and external to the nation-states, a reformatting

Easy to PICK200 – “UPSC Monthly Magazine\" May - 2020 MPLADS, its suspension, and why it must go By, Jagdeep S. Chhokar is a former Professor, Utilisation of funds between 49 to 90% of the Dean and Director In-charge of the Indian booked amount; Institute of Management, Ahmedabad b.Though the scheme envisages that works under Introduction the scheme should be limited to asset creation, 549 of the 707 works test-checked (78%) of the works All Opposition parties have been unanimous in recommended were for improvement of existing their criticism of the government’s recent move assets; to suspend the Members of Parliament Local Area Development Scheme (MPLADS) for two c.Wide variations in quantities executed against years. the quantities specified in the BOQ (Bills of Quantity) in 137 of the 707 works test-checked. The government’s reason is this: to use these funds Variations ranged from 16 to 2312%. (“2312%” is “to strengthen the government’s efforts in the figure actually mentioned in the audit report); managing the challenges and adverse impact of COVID-19 in the country”. d.Use of lesser quantities of material than specified by contractors resulting in excess Under the scheme, each Member of Parliament payments and sub-standard works; “has the choice to suggest to the District Collector for works to the tune of ?5 crores per e.No accountability for the expenditure in terms of annum to be taken up in his/her constituency”. the quality and quantities executed against The decision to suspend MPLADS for two years specifications; is a good first step. In fact, the MPLADs scheme should be completely abolished, and for f.Delays in issuing work orders ranging from 5 the following reasons. to 387 days in 57% of the works against the requirement of issuing the work order within 45 Reasons for abolition of MPLAD scheme days of the receipt of recommendation by the MP; 1. The scheme violates one of the cardinal g.Extensions of time granted to contractors principles, which though not specifically written without following the correct procedure; down in the Constitution : separation of powers. This scheme, in effect, gives an executive h.Register of assets created, as required under the function to legislators . The argument that MPs scheme, not maintained, therefore location and only recommend projects, but the final choice existence of assets could not be verified and implementation rests with the district authorities is strange; there are hardly any 3. Third, there are wide variations in the utilisation authorities in the district who have the courage of the MPLAD amount in various constituencies. to defy the wishes of an MP. A report published in IndiaSpend has some very interesting insights based on data made 2. Observations made by the Comptroller and available to it by the Ministry of Statistics and Auditor General (CAG) of India, in a report Programme Implementation. Some of these are: make it clear: a.A year after they took office, 298 of 542 a. Expenditure incurred by the executing members of the 16th Lok Sabha have not spent agencies being less than amount booked. a rupee from the ?5 crore;

Easy to PICK201 – “UPSC Monthly Magazine\" May - 2020 b.508 MPs (93.55%) did not, or could not, utilise the contractor who bagged the contract to build the the entire MPLADS amount from May 4, 2014 till fountain was related to the local Member of December 10, 2018, in 4 years and 7 months. Only Parliament. 35 MPs of the Lok Sabha utilised the entire amount of MPLADS during this period; Way ahead c.Though ?1,757 crore had been released for Therefore, it would be in order to convert the two- MPLADs, only ?281 crore had been utilised by all year suspension into the complete abolition of this the 543 MPs till May 15, 2015. This means only undesirable and unconstitutional scheme. 16% of the money had been spent in one year by all the MPs put together; d.Since the MPLADS began in 1993, ?5,000 crore was lying unspent with various district authorities by May 15, 2015. It is clear from the details above, as well as later experience, that most MPs use money under MPLADS quite haphazardly, and a significant portion of it is left unspent. 4.Fourth, money under MPLADS is being used to appease or oblige two sets of people: opinion- makers or opinion-influencers, and favourite contractors. An often-heard tale is that of the contractor being a relative, close friend, or a confidant of the MP, and the contractor and the MP being financially linked with each other. 5. The constitutional validity of MPLADS was challenged in the Supreme Court of India in 1999, followed by petitions in 2000, 2003, 2004, and 2005. The combined judgment for all these petitions was delivered on May 6, 2010, with the scheme being held to be constitutional. The possibility that implementation of a lot of schemes bears no relationship to how the schemes were intended to be implemented, seems to have completely escaped the attention of the Court. Example of misuse There are innumerable instances of misuse of these funds; one prominent example is the construction of a fountain in the open space of an unauthorised settlement, or a jhuggi jhopdi colony, which did not have provision of drinking water. The general belief in the settlement was that

Easy to PICK202 – “UPSC Monthly Magazine\" May - 2020 It’s time for a virtual judiciary R. Anand and V. Ranganathan are Chartered 8.It is a fact that most tax matters do not Accountants necessitate personal hearings. Introduction Tax cases reach tribunals and higher courts after lower authorities record all the facts. The High During the nationwide lockdown imposed to Courts and the Supreme Court deal with issues or contain the spread of COVID-19, it has become interpretation of the law. The bane of the court clear that many activities can simply be done system is that lawyers on both sides need to be online. Over the last decade, Indians have physically present in court. Cases are often embraced technology in a greater way than ever adjourned due to various reasons. It is in this before. context that we make the case for a virtual judiciary. Today, in these exceptional circumstances, ‘work from home’ is a concept whose time has come Virtual Judiciary like never before. Many offices are gearing up for the new normal of staying at home and working, In such a scenario, we can submit all the papers as restrictions are expected to continue for an via mail. The judge can decide the case based on indefinite period. all the available information. Wherever the judge requires clarifications, he or she can seek the same Many hurdles in Judiciary à Problems through email. Typically, the judge, after in Judiciary considering all the material available, can pass a draft order and send it to both sides for any 1.The pendency of cases in various courts in India comments which they may want to provide. is staggering. The Economic Survey of 2019- Thereafter, the judge can, after considering the 2020 dedicates a chapter to pendency of tax comments, pass the final order. This will enhance cases and revenue cases. the quality of the judgment and also eliminate obvious errors. 2.The Survey mistakenly argues for more court infrastructure and judges to solve the problem. An efficient judiciary 3.But, the existing infrastructure is grossly A virtual judiciary result in substantial savings in under-utilised. costs but will also lead to speedy disposal of cases. The productivity of lawyers will 4.There are tribunals such as the Income Tax increase substantially as visits to courts and long Tribunal that function only half-day most of the waiting hours will be more an exception than a time. rule. 5.To make matters worse, most courts are closed If this practice is extended to other civil cases, for Christmas and summer vacations. efficiency will double, even treble, in judicial functioning. 6.Judges are not accountable for efficiency and performance. The fact that the jurisdiction of a court is defined by geography makes no sense in matters such as 7.Thousands of Indians cannot afford to go to taxation and company law. The change to remote, court as legal costs are high and legal non-personal electronic court hearings will change procedures are complicated. this.

Easy to PICK203 – “UPSC Monthly Magazine\" May - 2020 All judges should be empowered to handle any case, wherever it originates. This will result in multiple advantages a.The principal one being better utilisation of manpower and infrastructure by equitably distributing the work. b.Malpractices will be limited as there will no longer be familiarity between lawyers and judges in a city. Way Ahead While India grapples with a crisis on the health and economic front, we need to think out of the box. We need a change in mindset regarding the way we work. Imagine the overall savings and extent of improvement of the judicial ecosystem if 70% of the cases get decided without going to court? If vested interests are kept aside and collective will to initiate what is for the common good takes precedence, a virtual judiciary can become a part of our lives.

Easy to PICK204 – “UPSC Monthly Magazine\" May - 2020 Resuscitating multilateralism with India’s help By, Amitabh Mattoo is Professor of International multilateralism, in its current form, is incapable of Relations at Jawaharlal Nehru University and dealing with misuse by “systemic rivals”. Honorary Professor at the University of The underpinning assumption of the post-war Melbourne. Amrita Narlikar is President of the multilateral system was that peace and German Institute for Global and Area Studies prosperity went hand in hand. (GIGA), Professor at Hamburg University, and Non-Resident Senior Fellow at the Observer Countries with fundamentally different domestic Research Foundation systems of governance did not form a part of this multilateral order, as was the case with the Soviet Introduction bloc in the Cold War years. None of our The coronavirus pandemic have reminded us of multilateral institutions was built for a world the value of multilateralism and the necessity to where the ties of interdependence — which were preserve it. To reduce the further spread of the supposed to enhance the well-being of all — could virus, to develop effective medical treatments, themselves be “weaponized” for nationalistic and to curtail the worst effects of the inevitable gain, at the expense of other players. recession that is already in the offing, cooperation among nations will be necessary. The misuse of existing rules by several countries, But there is a problem: multilateralism is possibly especially by China (e.g. via forced technology at its weakest today, when the need for it is more requirements, intellectual property rights dire than ever before. violations, and subsidies), to gain an unfair advantage in trade relations was already attracting With the United States facing multiple internal critique in the last years. But the pandemic has challenges including the prospects of a deeply provided us with some even more alarming divisive Presidential election in November and at illustrations of how damaging the weaponisation a time when China is facing a global crises of of global supply chains can be. credibility, New Delhi (together with like-minded partners even beyond the usual suspects) could As death tolls rose (in some cases, to catastrophic assume leadership in strengthening constructive proportions) many countries responded with transnational cooperation. export restrictions on critical medical supplies. Recognising the shortages that countries were Deepened by the pandemic facing — masks, personal protective equipment, The paralysis of all three functions of the World ventilators and more — to deal with COVID-19, Trade Organization (WTO) — negotiation, China offered to sell these products to countries in dispute settlement, and transparency — was need. one sign of that deep-rooted malaise; the severely dented credibility of the World Health For instance, when the European Union (EU) put Organization (WHO) is just another more recent up export restrictions, China stepped in at Serbia’s indicator. request. But China’s coronavirus diplomacy did not stop there. When India complained that test The pandemic has heightened the crisis of kits imported from China were faulty, China multilateralism, not created it. slammed it for “irresponsible” behaviour. And amidst the many cracks in the system, it has When Australia indicated that it would conduct deepened one especially dangerous fault-line: an independent investigation of China’s early handling of the epidemic, China threatened it

Easy to PICK205 – “UPSC Monthly Magazine\" May - 2020 with economic consequences. In the aftermath of the recession, the concept that Add to this the dangers of using faulty equipment the world's emerging markets no longer need to on critical patients, plus the risks that several depend on U.S. demand to drive economic growth actors, including the EU and India, see of is an example of economic decoupling. Whereas predatory takeovers of their companies by China. emerging markets at one point relied on the U.S. The pandemic is teaching countries, through bitter economy, many analysts now argue that some experience, that weaponised interdependence is emerging markets, such as China, India, Russia, not just a theory but a practice that is rapidly and Brazil, have become sizable markets on their evolving. And it can have life and death own for goods and services. consequences. Reforming multilateralism 3. Flowing from the above, a multilateralism that To argue for a multilateral rules-based system will recognises the need for decoupling will never suffice on its own; one must always address necessitate closer cooperation with some and the issue of the goals and values that underpin the distancing from others. rules. Membership of such renewed multilateral The remedies are obvious. institutions would not be universal; rather, one would limit deep integration to countries with 1.The need for reassurance and policies that which one shares first-order values — such reflect a renewed commitment to the raison d’étre as pluralism, democracy, liberalism, animal of multilateralism. A “retreating” United States welfare rights, and more. must, of course, demonstrate in word and deed that autarchy is not the way forward (of this global A role for India crises) and that it remains committed to strengthening global supply chains which are The current crisis in multilateralism could be a based on the promise of ensuring global stability remarkable opportunity for India, a country whose and the attendant promise of peace and prosperity. pluralism, democracy, and liberalism have often been underestimated by the West. 2.Irrespective of the above, there is an urgent need As some constituencies in the West seek a gradual for some strategic decoupling, handled smartly in decoupling from China, they would be well served cooperation with other like-minded countries. And to look toward India. it will undoubtedly cause considerable disruption To make use of the opportunities, for itself and for to existing global value chains. This in turn, will the provision of certain global public result in a shrinking of the global economic pie. goods, India’s cooperation with like-minded We will be less prosperous. But we will also be actors will be key. more secure. Here, India could work closely with the Alliance What is Decoupling? for Multilateralism (an initiative launched by Germany and France) to shape both the alliance Markets and economies that once moved together itself and the reform agenda at large. Working can also be decoupled. The financial crisis of 2008 together with a group of countries from the that started in the US economy eventually spread developed and developing countries could further to most markets in the world, leading to a global amplify India’s voice. recession. Since the markets are \"coupled\" with the US economic growth, any market that moves But beyond these immediate gains could be a opposite to the global trajectory is known as a greater role for India. Not since Chernobyl has decoupled market or economy. global public opinion lost as much faith in the competence and integrity of a great power as it has

Easy to PICK206 – “UPSC Monthly Magazine\" May - 2020 in China because of COVID-19 and the apparent malfeasance and the opaqueness with which it has dealt with the crises. While China may recover faster than most economically, and its military might remains intact, its image as a reliable partner has suffered a huge dent. Neither aid diplomacy nor the unleashing of Chinese soft power can easily recover the trust deficit that exists today between China and much of the rest of the world. Instead, India could lead a coalition to bridge this deficit of trust through a regime of incentives and sanctions .

Easy to PICK207 – “UPSC Monthly Magazine\" May - 2020 India needs to enact a COVID-19 law By, Manuraj Shunmugasundaram is an advocate order on March 23, 2020, to impose social at the Madras High Court, and spokesperson, distancing and isolation measures which directed DMK “suspected cases and foreign returnees” to remain “under strict home quarantine” and people “to stay Introduction at home and come out only for accessing basic and The nationwide lockdown has been central to the essential services and strictly follow social government’s strategy to combat the COVID-19 distancing norms”. pandemic. With businesses closed, supply chains disrupted, timelines extended and contracts Subsequently, on March 25, the earlier order was terminated, this exercise has caused the organised extended for a period of 21 days, in accordance sector unprecedented economic losses. with the directions of the NEA. District authorities In the unorganised sector, there has been such as the Commissioner of Police, Greater a complete breakdown with little or no legal Chennai, have consequently issued orders recourse for those who are affected. to impose Section 144 of the Criminal While the lockdown has helped contain Procedure Code in public places. community spread of the disease, a legal and legislative audit of this exercise has evaded The invoking of the Disaster Management scrutiny so far. It is imperative and timely that we Act has allowed the Union government to assess its underlying legislative soundness. communicate seamlessly with the States. Laws governing lockdown Issues The lockdown has been carried out by State However, serious questions remain whether the governments and district authorities on the Act was originally intended to or is directions of the Union Ministry of Home Affairs sufficiently capable of addressing the threat of under the Disaster Management Act of a pandemic. 2005, which was intended “to provide for the effective management of disasters and for Also, the use of the archaic Epidemic Diseases matters connected therewith or incidental thereto”. Act,1897 reveals the lack of requisite diligence Under the Act, the National Disaster and responsiveness of government to address Management Authority (NDMA) was set up a 21st century problem. under the leadership of the Prime Minister, and the National Executive Committee (NEA) was Another serious failing is that any violation of the chaired by the Home Secretary. orders passed would be prosecutable under Section 188 of Indian Penal Code, a very On March 24, 2020, the NDMA and NEA issued ineffective and broad provision dealing orders directing the Union Ministries, State with disobedience of an order issued by a public governments and authorities to take effective servant. measures to prevent the spread of COVID-19. Taking a cue from the guidelines, the State International examples governments and authorities exercised powers 1. The U.K. enacted the Coronavirus Act, 2020, under the Epidemic Diseases Act of 1897 to issue which is a comprehensive legislation dealing further directions. with all issues connected with COVID-19 including emergency registration of healthcare For instance, the Health and Family Welfare professionals, temporary closure of educational Department of Tamil Nadu issued a government institutions, audio-visual facilities for criminal

Easy to PICK208 – “UPSC Monthly Magazine\" May - 2020 proceedings, powers to restrict gatherings, and These circumstances call out for legislative financial assistance to industry. leadership, to assist and empower States to overcome COVID-19 and to revive their 2. Similarly, Singapore has passed the Infectious economic, education and public health sectors. Diseases Regulations, 2020, which provides for issuance of stay orders which can send ‘at-risk individuals’ to a government-specified accommodation facility. Both the U.K.’s and Singapore’s laws set out unambiguous conditions and legally binding obligations. As such, under Singaporean law, the violators may be penalised up to $10,000 or face six months imprisonment or both. In contrast, Section 188 of the Indian Penal Code has a fine amount of ?200 to ?1,000 or imprisonment of one to six months. The proceedings under Section 188 can only be initiated by private complaint and not through a First Information Report. As such, offences arising out of these guidelines and orders have a weak basis in terms of criminal jurisdiction thereby weakening the objectives of the lockdown. Union-State co-ordination In India, both Houses of Parliament functioned till March 23, 2020, when they were adjourned sine die. Worryingly, a consolidated, pro-active policy approach is absent. In fact, there has been ad hoc and reactive rule-making, as seen in the way migrant workers have been treated. The flip-flop of orders regarding inter-State movement has left the fate of hundreds of thousands of migrant workers to be handled by district administrations with inadequate resources. This has also exposed the lack of co-ordination between the Union and State governments. Way Ahead

Easy to PICK209 – “UPSC Monthly Magazine\" May - 2020 Conducting elections during a pandemic By, S.Y. Quraishi is former Chief Election Article 171(3)(e) coupled with Article Commissioner of India and the author of An 171(5) empowers the Governor to nominate an Undocumented Wonder —The Making of the individual with “special knowledge or practical Great Indian Election experience”. The Governor, however, put the proposal in limbo for over a fortnight. Introduction The deadlock between the Governor of The Prime Minister’s intervention and the EC’s Maharashtra and Chief Minister Uddhav prompt action averted the political impasse Thackeray looked like it would continue for long — polls to nine legislative council seats in and cost Mr. Thackeray the post of Chief Minister. Maharashtra will now be held on May 21. Due to the intervention of the Prime Minister and By deciding to hold elections during a pandemic, the prompt action of the Election Commission of the EC has taken up a big responsibility. Though India (EC), the impending constitutional crisis has only the 288 members of the Vidhan Sabha will be blown over in Maharashtra. voting in this election, the EC will have to ensure strict implementation of the Health Ministry’s Averting a political crisis guidelines. Mr. Thackeray, who took oath as Chief Minister on November 28, 2019, has to become a member Knowing the EC’s capabilities and years of of the legislature within six months, which ends on experience, this will be a cakewalk. South Korea May 27. just conducted its national election with 44 million voters in the midst of the pandemic. It is This would not have been a problem for him a good source of inspiration for the EC. had the elections, scheduled to be held on March 26, not been postponed indefinitely due to the Upcoming elections-a bigger challenge to ECI pandemic, by the EC, which used its powers But a bigger cause for concern for the EC are the under Article 324 of the Constitution, along with upcoming Assembly elections for Bihar (which Section 153 of the Representation of the People must be concluded by November 29, 2020), West Act, 1951. Bengal (May 30, 2021), Assam (May 31, 2021), Kerala (June 1, 2021), Tamil Nadu (May 24, 2021) A double application of Article 164 (4) to extend and Puducherry (June 8, 2021). this period for another six months was out of the question as the Supreme Court, in S.R. Unlike the Rajya Sabha/Legislative Council Chaudhuri v. State of Punjab and Ors (August elections which can be postponed indefinitely, 17, 2001), had declared that it would tantamount the EC can postpone elections to the Lok Sabha to a subversion of the principle of representative and State Legislative Assemblies for a period of government. only six months, the constitutionally defined limit between two sessions of the House/Assembly Consequently, the Chief Minister was left to take (Article 85(1) and Article 174(1) of the the nomination route. In pursuance of this, the Constitution, respectively). Cabinet, headed by Deputy Chief Minister Ajit Pawar, submitted a proposal to the Governor to Can the Central Govt. impose Emergency in a nominate Mr. Thackeray to the Legislative pandemic to postpone elections more than 6 Council. months ? The first is proviso to Article 172(1) whereby during a state of Emergency, an election can

Easy to PICK210 – “UPSC Monthly Magazine\" May - 2020 be postponed for one year in addition to a Way Ahead period of six months after Emergency is lifted. Unarguably, the population of States like Bihar But the state of Emergency can be declared only (9.9 crore) is huge compared to South Korea’s if there is a threat to the security and population (5.16 crore). sovereignty of the nation, not if there is an The EC could adopt targeted measures for older epidemic or a pandemic. voters who are more vulnerable to COVID-19. Options like proxy voting under a well- The second option is to declare President’s rule in established legal framework, postal voting, the State, enabled by Article 356(1) of the and mobile ballot boxes can be explored. Constitution. But its limits have been repeatedly The EC has a difficult task of sticking to its goal defined by the Supreme Court. of ‘No Voter Left Behind’ while also ensuring that the elections do not turn into a public health Lessons from South Korea nightmare. Some experts say that the COVID-19 pandemic could last for two years. Deferring elections for such a long time would be against the spirit of democracy and federalism, which are the basic components of the Constitution. As a result, holding elections seems to be the only way out. According to the International Institute for Democracy and Electoral Assistance, nine countries have already held national elections and referendums during this public health crisis. Among them is South Korea, which, under strict guidelines, managed to pull off a near-perfect national election recording the highest voter turnout of 66.2% in 28 years. Steps taken by South Korea to conduct elections 1. South Korea disinfected polling centres 2. Mandated that voters practise physical distancing, wear gloves and masks and use hand sanitiser. 3. Voters had their temperatures checked on arrival at the booths. Those who had a temperature above 99.5 degrees Fahrenheit were sent to booths in secluded areas. 4. The interests of infected voters and the interests of those suspected of having the virus were not ignoredà COVID-19-positive voters were allowed to mail their ballots, while self- quarantined voters were allowed to vote after 6 p.m.

Easy to PICK211 – “UPSC Monthly Magazine\" May - 2020 India can absorb shocks of pandemic; take the lead in reshaping Global order The writer is a former ambassador, and currently verification, early warning and the director general of the Manohar Parrikar cooperation among nation-states, Institute for Defence Studies and Analyses, New including in vaccine development. Delhi.  Such a framework will have to look beyond the limitations of the WHO. The COVID-19 pandemic has effectively exposed  In light of COVID-19, there definitely flaws in multilateral structures and highlighted exists a case for the greater scrutiny of the lacunae in national capacities, particularly in “wet markets” in China, south-east Asia, healthcare. and many other countries around the Multilateralism has suffered retrenchment. world.  Roadside quacks across South Asia, too,  The UN Security Council (UNSC) must be are seen extolling the spurious curative faulted for its egregious lack of action in powers of lizard oils and other extracts of March 2020 when China held the rotating protected species. post of the president. It will remain one of  Even the USA, which has enacted the the great ironies of history that China, Endangered Species Act in 1973, has not which has increasingly sought to play a been able to eradicate animal farms that global leadership role, actively suppressed breed and trade exotic species. discussions in the face of a monumental threat to the lives and security of millions China operates commercial tiger farms for globally. traditional medicine and south-east Asia does likewise with bears for bile extraction. All these  The withdrawal of nearly $500 million activities increase the potential for zoonotic worth of annual voluntary funding by the transmission of unknown, deadly viruses. USA to the World Health Organisation The need of the hour is to devise means that can (WHO) is a debatable move, deal more effectively with the illegal slaughter notwithstanding the global consensus on of exotic animals. Efforts must be made to the WHO’s China-bias. strengthen the Convention on International Trade in Endangered Species of Wild Fauna Prime Minister Narendra Modi stood out with his and Flora (CITES), a multilateral treaty with initiatives to develop a joint response. In more than 180 member countries. There should bringing SAARC together to fight the be renewed focus not only on the illegal pandemic, Modi said “our neighbourhood international trade that is already covered by collaboration should be a model for the world”. CITES, but also the hazardous exploitation of exotic wildlife species within national New Opportunity borders. All signatory states, including China,  The rapid spread of coronavirus around the must pass and enforce legislation to control the world has created fresh opportunities for domestic consumption of wild animals. Dubious dialogue. “wet markets” and animal farms must be shut  There is hope, and scope, for creating a down. new global compact.  Contributions will be measured not in India’s ROLE dollars alone, but in the leadership that  India’s record of legislation in countries exhibit — and their willingness conservation and enforcement of penalties to share ideas and resources to develop an international mechanism for monitoring,

Easy to PICK212 – “UPSC Monthly Magazine\" May - 2020 for the killing and exploitation of protected use of biological agents. Indeed, the UNSC can wildlife is better than most. investigate complaints in this regard.  There is considerable scope for the Modi government to take the lead in proposing Way Forward that CITES be given more teeth to conduct In the run-up to the ninth review conference of international scrutiny and inspections. the BWC in 2021, India could engage in  Individuals with higher immunity levels consultations with other middle powers to have a better chance of survival if afflicted evolve a regime that can provide better with COVID-19. oversight. The very notion of critical  The ancient Indian practice of yoga is infrastructure in the cyber domain is changing in known to boost immunity levels through myriad ways with a sudden surge in users and data the cultivation of a healthy mind and body. flow in the digital space. This has created vast  This is the time to further reinforce the new attack surfaces in personal computers for worldwide practice of yoga under the hackers and cybercriminals, both state and banner of the International Day of Yoga, non-state. also an initiative of Modi.  India should plan for special virtual events Post COVID-19, there will be even greater on June 21 this year to encourage people reliance on artificial intelligence (AI), around the world to practice yoga to surveillance technologies, online platforms and promote holistic health. big data. India must redouble its efforts, along  As the world’s largest producer and with partners such as the USA, to push for a exporter of cost-effective generic drugs, multi-stakeholder model of internet governance. India’s readiness to ship the anti-malarial India enjoys good relations with multiple powers drug hydroxychloroquine to fight COVID- and is well-regarded across the developing world. 19 to others is a “Good Samaritan” act in With excellent long-term economic prospects in consonance with the ethos of “Vasudhaiva the decades ahead, a confident India appears fully Kutumbakam”. India is also in the race to capable of absorbing the shocks of the pandemic produce a vaccine. and striding forth to engage a world riven by trade wars and ideological contestation. Despite If China is a “factory to the world”, India has hardships, India can, and must, take the lead in the potential to be a “pharmacy to the world”. bringing the world together to practice a new It can even take on a new and well-deserved multilateralism that places the common interests moniker, that of vishwa vaidya (global physician). of humanity above narrow national interests. This provides an opportunity to promote ayurveda, which complements yoga. There is talk of the coronavirus having originated in a laboratory in Wuhan, with many theories about biological warfare programmes and accidental release. This provides an opportune moment to turn the spotlight on the inherent weaknesses of the Biological Weapons Convention (BWC) of 1975. It is a disarmament treaty that does not prohibit the retention and use of biological agents, including coronaviruses, for prophylactic purposes which encompass medical research for diagnosis and immunisation. It has no verification protocol to deal with any suspected

Easy to PICK213 – “UPSC Monthly Magazine\" May - 2020 Shaping India’s response in a global hinge moment By,Shivshankar Menon is a former National foreign and security policies of successive Security Adviser. A longer version of this governments of India has been the pursuit of argument appeared in “India’s Foreign Affairs strategic autonomy for India. Strategy”, Brookings India Impact Series, May This is a world that calls for creative diplomacy 2020 and flexibility, adjusting to the fast-changing balance of power and correlation of forces around New Geopolitical situation in Asai Pacific us. An alliance seems to be exactly the wrong India finds itself in an increasingly dangerous answer. world, one that is fragmenting and slowing down economically. The Doklam crisis of 2017 is only the most recent example that shows that no one else is ready to We are today in a new geopolitical situation, deal with India’s greatest strategic challenge — caused primarily by the rise of China, India and China. It saw a tepid reaction from the rest of the other powers — Indonesia, South Korea, Iran, world. To expect anything else is unreasonable. Vietnam — in a crowded Asia-Pacific, which is the new economic and political centre of gravity The China question of the world. China’s rise is the foremost challenge and also an Rapid shifts in the balance of power in the region opportunity for India. The big question, of course, have led to arms races and to rising uncertainty, is how to handle China. also fuelled by the unpredictability, One possibility is to engage China bilaterally to disengagement and the transactional “America see whether the two countries can evolve a new First” attitude of United States President Donald modus vivendi(peaceful coexistence), to replace Trump. the one that was formalised in the 1988 Rajiv Gandhi visit. China-U.S. strategic contention is growing, uninhibited so far by their economic co- That framework is no longer working and the dependence. signs of stress in the relationship are everywhere. The World faces a destabilising power The more India rises, the more it must expect transition which may or may not be completed. It Chinese opposition, and it will have to also work is a hinge moment in the international system. with other powers to ensure that its interests are protected in the neighbourhood, the region and the Strategic autonomy world. What should India’s response be to the new The balance will keep shifting between situation? Fear leads some to suggest cooperation and competition with China, both alliances. Some Indians are so worried by what of which characterise that relationship. they see as an unstoppable China that they The important thing is the need to advocate that India enter into an alliance with rapidly accumulate usable and effective power, the U.S. even while the macro balance will take time to right itself. India is much greater and more resilient than these people think. The new modus vivendi between India-China would require a high-level strategic There is a common thread running through the dialogue between the two sides about their core

Easy to PICK214 – “UPSC Monthly Magazine\" May - 2020 interests, red lines, differences and areas of dialling back of rhetoric by both India and China, convergence. even though this does not extend to a new strategic The U.S. is an essential partner for India’s framework or understanding or to a settlement of transformation. outstanding issues. But it is withdrawing from the world, less certain Today, India is more dependent on the outside as to how it will choose to deal with China. world than ever before. It relies on the world Certainly, U.S. will no longer be the upholder of for energy, technology, essential goods like international order, economic or political, and fertilizer and coal, commodities, access to seems to have tired of that role. markets, and capital. India must work with other powers to ensure that its region stays multi-polar and that China Way Ahead behaves responsibly. India risks missing the bus to becoming a Double opportunity awaits developed country if it continues business and politics as usual, or tries to imitate China’s We are living in a time when there is a deep sense experience in the last 40 years, does not adapt, and of strategic confusion. does not manage its internal social and political In India’s case, that confusion extends to it being churn better. not just about the ultimate goal India’s foreign The most important improvement that India needs policy should pursue but also over the best means to make concerns its national security structures to achieve them. and their work — introducing flexibility into Indians seem to mistake controlling the narrative India’s thinking and India’s structures. with creating outcomes, which is the real task of For change is the only certainty in life. foreign policy. Prime Minister Narendra Modi has declared a goal of India to be a ‘Vishwa guru’, or world teacher, which is still a long way away when it is an importer of knowledge and technology. Nor is it clear that this status will actually contribute to transforming the lives of India’s citizens, though it might satisfy the ego. Double oppurtunity Inida also has a moment of double opportunity if it changes its ways. Tactically, China-U.S. contention — which is structural and, therefore, likely to continue for some time with a paradigm shift away from cooperation to increasing contention, despite temporary deals and “victories” declared by one or both — opens up opportunities and space for other powers. Both China and the U.S. will look to put other conflicts and tensions on the back burner while they deal with their primary concern, the other. This effect is already perceptible in the Wuhan meeting between China’s President Xi Jinping and Mr. Modi in early 2018, and the apparent truce and

Easy to PICK215 – “UPSC Monthly Magazine\" May - 2020 Coronavirus lockdown | How can inter-State workers be protected? Introduction 4. The Act would apply regardless of whether the five or more workmen were in addition to others The nationwide lockdown announced on March employed in the establishment or by the 24 at short notice has caused immense distress to contractors. migrant workers around the country. Hundreds have been seen trying to walk home to 5. It envisages a system of registration of such Uttar Pradesh, Bihar, West Bengal and Odisha establishments. from their places of work. On Friday, May 8, 16 migrant labourers who were trying to return to 6. The principal employer is prohibited from Madhya Pradesh, their home State, on foot employing inter-State workmen without a were killed when a goods train ran over them. certificate of registration from the relevant Questions are being raised about their welfare and authority. the lack of legal protection for their rights. Those working in the field of labour welfare 7. The law also lays down that every have recalled a 1979 law to regulate contractor who recruits workmen from one State the employment and working conditions of for deployment in another State should obtain a inter-State migrants, but feel that the lack of licence to do so. serious implementation has led to their rights being ignored. 8. The wages shall not be lower than what is prescribed under the Minimum Wages Act. As part of the present regime’s efforts towards consolidating and reforming labour law, a Bill has What are the beneficial provisions for been introduced in Parliament called the inter-State migrants in it? Occupational Safety, Health and Working Conditions Code, 2019. The provision for registration of The proposed code seeks to merge 13 labour establishments employing inter-State workers laws into a single piece of legislation. creates a system of accountability and acts as The Inter-State Migrant Workmen (Regulation the first layer of formalising the utilisation of of Employment and Conditions of Service) Act, their labour. 1979, is one of them. It helps the government keep track of the What does the 1979 law envisage? number of workers employed and provides a legal basis for regulating their conditions of 1. The Act seeks to regulate the employment of service. inter-State migrants and their conditions of service. As part of the licensing process, contractors are bound by certain conditions. 2. It is applicable to every establishment that These include committing them to providing employs five or more migrant workmen from terms and conditions of the agreement or any other States; or if it had employed five or more other arrangement on the basis of which they such workmen on any day in the preceding 12 recruit workers. months. These terms include 3. It is also applicable to contractors who employed a similar number of inter-State “the remuneration payable, hours of workmen. work, fixation of wages and other essential

Easy to PICK216 – “UPSC Monthly Magazine\" May - 2020 amenities in respect of the inter-State migrant inclusion of terms and conditions on hours of workmen”. work, wages and amenities. The wage rates, holidays, hours of work and other conditions of service of an inter-State migrant Further, both the old Act and the proposed workman shall be the same as those extended to Code envisage the payment of a displacement other workmen in the same establishment, if the allowance and a journey allowance to inter- nature of their work is similar. State migrant workers. Is there a loss of benefits for inter-State What does the proposed Code say on workers if the Code comes into force? migrant workers? Trade unions feel that it is always better to have a separate enactment. The attempt to consolidate laws relating The unprecedented distress and misery faced by to occupational safety, health and working migrant workers due to the current lockdown has conditions means that many separate laws drawn attention to a beneficial legislation concerning various kinds of workers and labourers dedicated to their welfare. will have to be repealed. The Centre of Indian Trade Unions (CITU) has highlighted the fact that both the States where they The proposed law seeks to repeal 13 Acts such as work and home States have obligations cast upon the Factories Act, Mines Act, Dock Workers’ them in the existing law. Despite the fact that it has Act, the Inter-State Migrant Workmen Act, and been poorly implemented, if at all, labour unions other enactments relating to those working in feel that preserving the separate enactment and plantations, construction, cinema, beedi and enforcing it well is a better option than subsuming cigarette manufacture, motor transport, and the it under a larger code. media. Regarding inter-State migrant workers, the Act includes them in the definition of ‘contract labour’. At the same time, an inter-State migrant worker is also separately defined as a person recruited either by an employer or a contractor for an establishment situated in another State. The Code has a chapter on ‘contract labour and inter-State migrant workers’. But the Parliamentary Standing Committee has recommended that the provisions relating to migrant workers be covered in a separate chapter “so that the safety, health and working conditions of the Migrant Workers be clearly spelt out for implementation, besides making special provisions for them, as has been done by the State Government of Kerala”. The Code contains provisions similar to the 1979 Act regarding registration of establishments, licensing of contractors and the

Easy to PICK217 – “UPSC Monthly Magazine\" May - 2020 What’s in a NAM? Context foreign policy actions reveals a three-fold Prime Minister Narendra Modi’s video address to rationale for intensifying engagement with the a summit of the non-aligned nations last week has NAM. generated criticism as well as commendation. Both sides, however, miss the recent evolution of 1. One, those who say the NAM is a relic of the the Indian thinking on the NAM. Cold War must also acknowledge that a new Cold War is beginning to unfold, this time between “Global South” the US and China. External Affairs Minister Subrahmanyam As the conflict between the world’s two most Jaishankar has spoken frequently about India’s important powers envelops all dimensions of stakes in the so-called “Global South”. international society, India has every reason to try “Global South” refers to the entire developing and preserve some political space in between the world and not just members of the NAM. two . The minister has talked about consolidating long- standing political equities that Delhi had created 2. Second, in the last few years, Delhi paid lip- in the NAM and the Global South over the last service to the NAM but devoted a lot of diplomatic many decades. energy to forums like BRICS. Given the Russian and Chinese leadership of The new interest is not a throwback to seeing the BRICS, Delhi inevitably began to tamely echo the NAM as an anti-Western ideological crusade. Nor international positions of Moscow and Beijing is it a pretence of valuing the movement but rather than represent voices of the Global South. treating it as a ritual to be performed every three years. 3. Finally, as a nation seeking to become an independent pole in global affairs, India could do It is based on the bet that the NAM remains a more with forums like the NAM in mobilising critical diplomatic forum for the pursuit of support on issues of interest to Delhi. India’s international interests. But why has a routine speech by the PM on An independent Indian line backed by strong promoting global cooperation in combating the support within the NAM can make a big difference coronavirus gotten so much attention? One reason to the outcomes of the impending contentions at is its billing as Modi’s first address ever to the the World Health Assembly later this month on NAM. reviewing the WHO’s performance during the COVID crisis. After all, he had skipped the last two NAM summits, at Venezuela in 2016 and Azerbaijan in 2019. Critics of the NDA’s foreign policy convinced themselves that Modi had no real attachment for the non-aligned legacy of Jawaharlal Nehru. For the traditionalists, Modi’s engagement with the NAM was a welcome return to roots. For those who see the NAM as a political dinosaur, Delhi’s renewed enthusiasm for it seems like a regression. But a closer look at the Modi government’s

Easy to PICK218 – “UPSC Monthly Magazine\" May - 2020 The epidemic and ensuring safety in courts By, K. Subramanian is Senior Advocate and possession proceedings and extension of time former Advocate General of Tamil Nadu. E-mail: limits) for the duration of the COVID-19 period. [email protected] Practice Direction 51Y, which (a) (a) clarifies the manner in which the court may exercise its Introduction discretion to conduct hearings remotely in private; In a letter addressed to the Chief Justice of India, and (b) (b) details what steps the Court may take the Bar Council of India has opposed the make to ensure access by the public to remote continuation of virtual hearings once the hearings that have been held in private. lockdown is lifted, on the grounds that 90% of the Where face-to-face hearings are essential, HM advocates and judges are “unaware of Courts and Tribunals Service has taken steps to technology and its nuances”. consolidate the work of courts and tribunals into a On April 6, invoking its powers under Article 142 small number of ‘priority’ buildings. of the Constitution, the Supreme Court A daily update of which court buildings are open issued certain directions for the functioning of is available online. courts through video conferencing during the lockdown. In a similar vein, the Court of Appeal has published a document which sets out how it the The Court directed the State officials of Court of Appeal is currently operating – including the National Informatics Centre (NIC) to liaison prioritising only urgent applications in the Civil with the respective High Courts and formulate Appeals Office. a plan for the virtual functioning of courts. As part of a £one billion programme of reforming judicial system What is a virtual court ? Courts in England and Wales have adopted new A virtual court hearing is one where there is no forms of digital technology and e-filing physical court room. All the participants take procedure. part in proceedings using telephone or video e-filing of cases involves software and hardware conferencing facilities. It was made clear that requirements.e-filings involve a certain amount the guidelines for this would be formulated by of technical knowledge and capability. the NIC and sent to the respective courts and lawyers. E-filing system in India In India, most advocates and litigants are unaware Issue of and unwilling to use these services. The e-filing But the NIC has not yet notified the guidelines. In system was introduced in the Delhi High Court its order, the Supreme Court had also indicated in 2009. that the district courts would follow the video Initially in 2013 it was introduced in Company conferencing rules as formulated by the respective and Tax jurisdiction. In 2015 it was extended High Courts. to Arbitration jurisdiction. In this process, the pleadings and documents are E-filing system filed electronically at the e-filing centres. A digital Once the crisis hit the U.K., the Judiciary of signature of the lawyer/litigant is needed for filing England and Wales issued New Court Practice such cases. Direction 51Y (Audio Hearings in Civil proceedings) and practice direction 51Z (Stay of An e-filing kiosk in the High Court of Delhi to enable the lawyers desirous of acquaintances with the e-filing procedures has been set up. Compared

Easy to PICK219 – “UPSC Monthly Magazine\" May - 2020 to the other High Courts in the country, the Delhi matters are heard by e-courts. High Court is far ahead in terms of technology. About 10 courts in the Delhi High Court Madras High Court function as e-courts. In the Madras High Court, the facility for e-filing of cases, which was initially only for bail In e-courts, the case files are digitised as applications, was launched on April 22, 2020. searchable PDF format and PDF files are Filing of urgent cases through e-mail is also bookmarked according to the index-sheets and permitted now. thereafter converted into portfolios containing different folders as per the records of the case file Post lockdown i.e., pleadings, orders, office noting etc. The While it is true that there is less pressure on the portfolios of case files are linked with the e-Cause courts now, this will change once the lockdown is List of the Court. lifted. It is in this context that suitable safety measures must be put in place for conducting The Judge(s) presiding over the e-Courts have proceedings after the lockdown is lifted. The been provided with a “Wacom 24” or “Wacom method of hearing post lockdown will depend on 27” high resolution monitor with interactive the facilities available at the court concerned. ‘Stylus’ connected with high end CPU. While such facilities are largely available in the There is also sufficient technical manpower in Supreme Court and the Delhi High Court, they the Delhi High Court (70) and district courts (30). are not available in the various other High In the Delhi High Court, e-filing is mandatory for Courts and subordinate courts. company, taxation and arbitration jurisdictions. Implementing guidelines As much of the Supreme Court and many High The facility for e-filing of cases pertaining to the Courts will remain closed for the summer, the Delhi High Court was also made available from High Courts can consider constituting committees, April 7, 2020, at all the court complexes of the as the Delhi High Court did, to create graded plans Delhi district courts. for the courts functioning after the lockdown. Realising that the lockdown may continue for a They can formulate plans based on the availability while, the Delhi High Court formed a panel to of infrastructure to conduct virtual hearings or create a graded plan for courts functioning after actual hearings, or by running courts in shifts. In the lockdown. The committee, headed by Justice case any of the courts are inclined to conduct open Hima Kohli, was formed with the expectation that court hearings, they may have to implement some there will be a deluge of new cases after the guidelines. lockdown is lifted. 1. One, only those lawyers/litigants whose cases are listed for the day’s hearing should be allowed Ensuring availability of proportionate court to enter court halls. infrastructure till normalcy is completely restored. 2. Two, the lawyers must enter in batches The Delhi High Court has sought suggestions from according to the serial number in the list. the district courts for the effective functioning of 3. Three, thermal image cameras must be e-courts. installed at the entrance of every court building, to identify risk persons. Bombay High Court 4. Four, every person entering the court premises In the Bombay High Court, e-courts started must install the Aarogya Setu app on their functioning from 2013. Initially they started phones. taking up company matters, arbitration and 5. Five, The Central Industrial Security Force conciliation matters, income tax appeals and suits. Security personnel may be directed to use the App Now even writs, suits and testamentary e-office specially designed to check the papers and

Easy to PICK220 – “UPSC Monthly Magazine\" May - 2020 other objects carried by the lawyers/clerks/litigants without touching the said papers/objects. At the entrance of every court complex, an automatic hand wash faucet should be installed. Way ahead The judiciary must be allotted sufficient funds for self-administration and timely delivery of justice. Today, technology dictates our lifestyle, but because of lack of allocation of sufficient funds to improve and strengthen technical support for the judiciary, we in India are unable to make full use of technology.

Easy to PICK221 – “UPSC Monthly Magazine\" May - 2020 Responding to COVID-19 at the grassroots By,T.R. Raghunandan is Former Secretary, Rural However, in most, the substantive spirit of the Development and Panchayat Raj, Karnataka, and constitutional design has been obstructed by Former Joint Secretary, Ministry of Panchayat politicians and bureaucrats, who fear the loss of Raj, Government of India their patronage powers. Panchayats are not given enough funds and Introduction are bypassed by State-controlled line departments that continue to implement Mahatma Gandhi envisioned that a free India programmes falling within the rightful domain of would rest on a foundation of gram panchayats, the former. village republics that governed locally and Another problem looms large. Very soon, the five- epitomised Swaraj in practice. year terms of the panchayats will come to an B.R. Ambedkar was sceptical; he described the end and an election is impossible in the current caste-ridden, unequal village society as a circumstances. A confident and caring cesspool. Yet, he was not unequivocally against government ought to continue with the current decentralisation. elected bodies functioning as administrators. The 73rd Constitutional Amendment mandates Kerala model for decentralised the constitution of panchayats at the district, governance intermediate and village levels as devolved institutions of self-government and provides for Kerala is administering the lockdown with the endowment of powers and responsibilities to firmness and compassion and alleviating the plan and implement programmes for social justice distress caused to the poor has also been largely and economic development. due to Kerala’s empowered panchayats. Kerala has had a head start; no State has such a This fulfilled the vision of the Mahatma, whilst panchayat-friendly fiscal system. addressing Dr. Ambedkar’s concerns by Nearly a third of Kerala’s plan funds have been providing for reservation in both the elected seats given to the panchayats as flexible development and leadership positions of sarpanches, and maintenance funds, a policy that the mukhiyas and adhyakshas. government follows even though it suffers from The plague waves of the 15th century, which chronic fiscal stress. killed nearly three quarters of England and nine- The Kudumbashree system, which encourages tenths of people in some quarters of Europe, also women to form self-help groups and their undermined the political position of the federations, acts as an organised civil Pope, whose assurances that god would come to society counterpoint to the panchayats. the help of the virtuous, were not fulfilled. Kudumbashree has also been an Will the novel coronavirus crisis trigger a reaction effective incubator for women leaders who have of greater faith in the local governments, or will it then stepped into the political sphere; nearly 65% result in more centralisation? The picture on the of all women elected to the panchayats are ground is a fascinating one. Kudumbashree members. Kerala’s panchayats were COVID-19-ready Issues in the PRI because years ago, they stepped in as caregivers for the old, the weak and the marginalised. Yet, the progress of panchayati raj has been From their flexible funds, panchayats feed the patchy, since its constitutionalisation 27 years ago. destitute through their Ashraya programme, and Some States have walked the talk by devolving run free day care centres for the mentally and untied grants to panchayats so that they can plan flexibly and implement locally relevant initiatives.

Easy to PICK222 – “UPSC Monthly Magazine\" May - 2020 physically challenged through ‘Buds’ schools. midwives and accredited social health activists are These are initiatives in which the government later part of the task force in which all elected participated in, but the initiatives were those of the representatives and panchayat-level staff panchayats themselves. Moving from that to participate. taking care of those affected by COVID-19 has been an easy transition Decisions taken on COVID-19 related management such as implementing the A revival in Karnataka lockdown, disinfection, providing food to those who need it and ensuring the supply of other In contrast, its politicians play a double game. For essential services are implemented by the village- political reasons they have passed laws that create level task forces. a powerful framework for democratic Yet, all is not well. In a panchayat in Kolar decentralisation. district, while the entire body resolved to buy In practice , the panchayats are tied down through masks for people, the panchayat development restricted finance and administrative controls, officer, an officer deputed from above and placed parallel structures, and have deputed with the panchayat, obstructed the resolution. officers who owe allegiance to their line departments rather than to the elected panchayat body. Yet, today, the State is witnessing a revival of panchayati raj in practice, triggered by the State response to the COVID-19 crisis.  First, it would have been impossible to impose the lockdown in the State effectively without the cooperation and support of the panchayats.  Second, the lockdown has also tied the hands of the government; only essential services of the government, such as the police and the health departments, are functioning without physical restrictions. All other departmental staff have stopped travelling to villages, giving instructions and monitoring their programmes and plans. As locked-in senior officials cannot oversee their frontline workers, panchayats have stepped in and are taking charge. Nearly all panchayats in Karnataka passed a formal resolution that no one in their respective areas will go hungry. The Karnataka government has created gram panchayat and village-level COVID-19 task forces, and the way these have begun to easily and readily function to handle the crisis. The panchayat-level task force meets twice a week. The primary health centre doctor, auxiliary nurse

Easy to PICK223 – “UPSC Monthly Magazine\" May - 2020 The trends shaping the post-COVID-19 world By, Rakesh Sood is a former diplomat and Nations after World War I or the creation of currently Distinguished Fellow at the Observer the United Nations and Bretton Woods Research Foundation institutions after World War II, to leadership of the western world during the Cold War, Introduction moulding global responses to threats posed The COVID-19 pandemic began as a global by terrorism or proliferation or climate health crisis. As it spread rapidly across nations, change, the U.S. played a decisive role. country after country responded with a lockdown, U.S. hubris and arrogance also generated triggering a global economic resentment. In Afghanistan and Iraq have crisis. Certain geopolitical trendlines were become quagmires that have sapped domestic already discernible but the COVID-19 shock political will and resources. therapy has brought these into sharper focus, This is the fatigue that (former) U.S. President defining the contours of the emerging global Barack Obama sensed when he talked of “leading (dis)order. from behind”. President Donald Trump changed it to “America first” and during the current crisis, Asia ascending, U.S. waning the U.S.’s efforts at cornering supplies of scarce medical equipment and medicines and acquiring 1. The first trend which became clear in the biotech companies engaged in research and development in allied states, show that this may aftermath of the 2008 global financial crisis is mean “America alone”. Moreover, even as countries were losing trust in the rise of Asia. the U.S.’s leadership, its bungled response at home to the pandemic indicates that countries are Economic historians pointed to its inevitability, also losing trust in the U.S.’s competence. The U.S. still remains the largest economy and recalling that till the 18th century, Asia the largest military power but has lost the will and ability to lead. accounted for half the global GDP. 3. Third trend-Intra-European fission The Industrial Revolution accompanied by European Union’s continuing preoccupation with internal challenges generated by European naval its expansion of membership to include East European states, impact of the financial expansion and colonialism contributed to the rise crisis among the Eurozone members, and ongoing Brexit negotiations. of the West, and now the balance is being Threat perceptions vary between old Europe and new Europe making it increasingly difficult to restored. reach agreement on political matters e:g relations with Russia and China. The trans-Atlantic divide The 2008 financial crisis showed the resilience of is aggravating an intra-European rift. Rising populism has given greater voice to Euro- the Asian economies, and even today, economic sceptics and permitted some EU members to espouse the virtues of “illiberal democracy”. forecasts indicate that out of the G-20 countries, Adding to this is the North-South divide within only China and India are likely to register economic growth during 2020. Asian countries have also demonstrated greater agility in tackling the pandemic compared to the United States and Europe. This is not limited to China but a number of other Asian states have shown greater responsiveness and more effective state capacity. Consequently, Asian economies will recover faster than those in the West. 2. The second trend is the retreat of the U.S. after a century of being in the forefront of shaping the global order. From the Treaty of Versailles and the League of

Easy to PICK224 – “UPSC Monthly Magazine\" May - 2020 the Eurozone. Fading organisations Strains showed up when austerity measures Global problems demand global responses. were imposed on Greece, Italy, Spain and With COVID-19, international and multilateral Portugal(PIGS nations) a decade ago by the bodies are nowhere on the scene. European Central Bank, persuaded by the fiscally conservative Austria, Germany and the 1. The World Health Organisation (WHO) Netherlands. was the natural candidate to lead global Recently, ECB chief Christine Lagarde’s press efforts against the health crisis but it statement in end-March that “ECB is not here to has become a victim of politics. close spreads” undermined any solidarity that the Italians felt as they battled with the pandemic Its early endorsement of the Chinese efforts has and growing borrowing costs. put it on the defensive as the U.S. blames the Further damage was done when Italy was denied outbreak on a Chinese biotech lab and accuses medical equipment by its EU neighbours Beijing of suppressing vital information that who introduced export controls, which led contributed to the spread. to China airlifting medical teams and critical supplies. 2. The UN Security Council (UNSC), the G- Schengen visa or free-border movement has 7 and the G-20 (latter was structured to co- already become a victim to the pandemic. ordinate a global response to the 2008 financial crisis) are paralysed at when 4. A fourth trend, related to the first, is the the world faces the worst recession since emergence of a stronger and more assertive 1929. China. While China’s growing economic role has been The reality is that these institutions were visible since it joined the World Trade always subjected to big power politics. During Organization at the turn of the century. the Cold War, U.S.-Soviet rivalry blocked the Chinese assertiveness has raised concerns, first in UNSC on many sensitive issues and now with its neighbourhood, and now in the U.S. that feels major power rivalry returning, finds itself betrayed because it assisted China’s rise in the paralysed again. hope that an economically integrated China Agencies such as WHO have lost autonomy over would become politically more open. decades as their regular budgets shrank, forcing In recent years, the U.S.-China relationship them to increasingly rely on voluntary moved from cooperation to competition; contributions sourced largely from western and now with trade and technology wars, it countries and foundations. is moving steadily to confrontation. U.S. leadership strengthened the Bretton Woods A partial economic de-coupling had begun and institutions in recent decades (The World Bank will gather greater momentum. spends 250% of WHO’s budget on global Mr. Xi has engaged in an unprecedented health) because the U.S.’s voting power gives it centralisation of power, and with the removal of a blocking veto. the two-term limit, has made it clear that he will continue beyond 2022. The energy factor His signature Belt and Road Initiative seeks to The final trend relates to energy politics. Growing connect China to the Eurasia and Africa through interest in renewables and green technologies on both maritime and land routes by investing account of climate change concerns, and the U.S. trillions of dollars in infrastructure building as a emerging as a major energy producer were kind of pre-emptive move against any U.S. fundamentally altering the energy markets. attempts at containment. Now, a looming economic recession and depressed oil prices will exacerbate internal tensions in West Asian countries which are solely dependent on oil revenues. Way Ahead

Easy to PICK225 – “UPSC Monthly Magazine\" May - 2020 A vaccine for the novel coronavirus, possibly by end-2020, will help deal with the global health crisis but these unfolding trends have now been aggravated by the more pernicious panic virus.

Easy to PICK226 – “UPSC Monthly Magazine\" May - 2020 Time for EU fiscal stimulus Context governments. Germany’s highest court ruled last week that They also point to the self-imposed cap on the European Central Bank (ECB) exceeded its its holdings of up to one-third of the debt of any mandate in pursuing Quantitative Easing country and to acquire sovereign assets in (QE) to rescue the eurozone from the sovereign proportion to the size of the economy, as debt crisis. measured by the share of ECB capital. The verdict is the culmination of fresh hearings These constraints are intended as safeguards that commenced in the country last year to apply against potential defaults by member states. the 2018 European Court of Justice decision to uphold the controversial programme. Squabbling over rescue package Germany’s monetary hawks moreover have their Quantitative Easing eyes set on the distorted real estate prices from the QE refers to the unconventional monetary prolonged negative interest rates in the eurozone tool of public sector asset purchases the ECB has and the impact on lenders and pension funds to deployed to stimulate economic demand and continue their assault on QE. stoke inflation in the eurozone. The Karlsruhe decision is believed to have no direct bearing on the ECB’s expansion of asset Germany Court purchases by another €750 billion of bonds under The court in Karlsruhe has asked the Frankfurt- the so-called pandemic emergency purchase based institution to justify its huge purchases of programme until the year-end in response to government bonds. Failure to furnish proof COVID-19. within three months that these purchases have not had a disproportionate impact on other economic But the removal of the ceiling to acquire no more policies risks jeopardising Berlin’s participation in than one-third of a country’s debt could potentially QE, the court observed. expose the institution to fresh legal challenges. The sustained attacks on the lender of last resort Claims and counterclaims should serve as a wake-up call for eurozone The ECB’s bond-buying under QE, of over €2.2 leaders who are squabbling over the bloc’s rescue trillion since 2014, in order to raise eurozone package for the post-pandemic recovery. Moves to inflation close to its 2% target, has long proved mutualise the bloc’s debt acquire greater urgency contentious in the eurozone’s affluent northern than ever, as also calls for governments to infuse a states. bold fiscal stimulus. Critics in Germany and the Netherlands argue The ECB has said it will continue its bond-buying that public debt purchases by the central banks programme, regardless of the implications of eurozone member states with ECB funding arising from the Karlsruhe court ruling for the amounted to monetary financing of government principle of central bank independence. spending by the ECB. The decision also raises fundamental issues This has been barred under EU law, so as to concerning the primacy of common EU laws at a insulate the institution from political pressures. juncture when the bloc is beset with eurosceptic QE advocates refute the claim, insisting that the and populist challenges from member states. ECB was buying bonds from investors in In the wake of the decision in Germany, the ECJ secondary markets, not directly from has emphasised its authority as the ultimate arbiter in all EU disputes.

Easy to PICK227 – “UPSC Monthly Magazine\" May - 2020 Rajya Sabha Analysis -The need for a second chamber By, M. Venkaiah Naidu is the Vice-President of grew in strength from time to time. India At present, 79 Parliaments of the world (41% of the total number) are bicameral. Origin of Rajya Sabha Federalism has been in vogue since ancient times when some states got together to confer the power The Rajya Sabha came into being on April 3, of law-making on a central authority. 1952 and held its first session on May 13 the But modern federalism is entirely same year. The second chamber underwent severe different given the complexity of geographical, prenatal scrutiny in the Constituent Assembly. regional, social and economic The proposal for a bicameral central diversities marking the constituent units of a legislature for the country was discussed at federation or a union. length, with deep divisions between the It is more so in India. The U.S. is a union of proponents and opponents. From this churning constituent states and so is India — each unit has that went on for eight days with the participation a set of unique features. of leading members of the Constituent Assembly finally emerged the Council of States and its Purpose of Rajya Sabha mandate. After 68 years, it is instructive to revisit the In The Federalist, the famous essays written in debates on the need for a Council of States and its 1787-88 by James Madison, Alexander Hamilton performance since then. and John Jay to explain the U.S. Constitution, it The central legislature that came into being was stated that the second chamber enables under the Government of India Act, a second and reflective expression of 1919 was bicameral with a Council of States representative opinion besides checking the comprising 60 members and a Legislative propensity to yield to the impulse of sudden and Assembly comprising 145 members. violent passions. The membership and voting norms for the The U.S. Constitution-makers were influenced by Council of States were so restrictive that only the proposition of the renowned wealthy land owners, merchants and those with French philosopher Montesquieu who said, legislative experience could enter it. “The legislative body being composed of two Women could neither vote nor seek parts, they check one another by the mutual membership. privilege of rejecting”. The Government of India Act, 1935 proposed an Walter Bagehot later noted that the retarding elaborate and improved version of the second chamber will impede minor instances of chamber, but this never materialised. parliamentary tyranny, though it will not The Constituent Assembly, which was formed in prevent or really impede revolution. 1947, after adoption of the Constitution became Federalism and bicameralism are the Provisional Parliament and made laws till linked because the federal character of a nation 1952. comprising constituent units can be reflected in, and secured by, a bicameral legislature. Bicameralism and federalism Despite being conscious of the huge degree of diversities and attendant inequalities that marked Bicameralism is a principle that requires British India, and aware of the emergence of the consent of two differently constituted independent India as a Union of States, the chambers of Parliament for making or changing proposal for the Rajya Sabha as a second chamber laws. had no easy sailing in the Constituent Assembly. This principle came into operation in 1787 with It was subjected to serious argumentation and had the adoption of the U.S. Constitution. Its appeal

Easy to PICK228 – “UPSC Monthly Magazine\" May - 2020 a narrow escape. knowledge. Against this mandate of 1949, it is in order to Constituent Assembly debates examine the functioning of the Rajya Sabha since its first sitting on May 13, 1952; assess whether it Opponents of Rajya Sabha is either obstructionist or disruptive with As an illustration, a member of the Constituent governments of the day not having the required Assembly, Mohd. Tahir, asserted that an Upper numbers; and assess its evolving nature. (This will House was not essential and viewed it as be in the next part, which will be published a creation of imperialism. tomorrow.) Professor Shibban Lal Saksena went further and warned that such a chamber would only prove to be a “clog in the wheel of progress” of the nation. The need of the hour was quick law-making, he said, which the second chamber would obstruct. He was perhaps referring to the role of the House of Lords in the British Parliament whose powers to veto the expenditure proposed was removed, and its ability to obstruct the laws made by the House of Commons was later severely curtailed in the early 20th century. Lokanath Misra vehemently opposed parity of powers in law-making for the Upper House. Proponents of Rajya sabha Proponents of the second chamber such as Naziruddin Ahmad felt that it would introduce an element of sobriety and second thought besides lending voice to the constituent units in the legislative scheme of things. M. Ananthasayanam Ayyangar argued that a second chamber would enable the genius of the people to have full play besides checking hasty legislation. It fell upon N. Gopalaswami Ayyangar to make a strong case for the second chamber. Replying to the debate on the motion, he argued that “the most that we expect the Second Chamber to do is perhaps to hold dignified debates on important issues and to delay legislations which might be the outcome of passions of the moment until the passions have subsided and calm consideration could be bestowed on the measures which will be before the Legislature.” The House elected directly by the people is susceptible to passions of the moment and electoral considerations. Their imprint on legislation needs to be checked by the second chamber whose members are expected to be sober, wise and well-informed with domain

Easy to PICK229 – “UPSC Monthly Magazine\" May - 2020 Reaffirm cooperative federalism By, Pranav Verma is a LL.M. candidate at the For instance, the zone classifications into ‘red’ University of Cambridge and Sughosh Joshi is a and ‘orange’ has evoked sharp criticisms from 4th year B.A. LL.B. student at NALSAR University several States. The States have demanded more of Law, Hyderabad autonomy in making such classifications. This is despite the fact that State consultation is Introduction a legislative mandate cast upon the Centre under Many exigencies have tested the foundations of the Disaster Management Act of our federal democracy, but none as harshly as this 2005 (under which binding COVID-19 pandemic. And when India’s success in defeating guidelines are being issued by the Centre to the COVID-19 actively rests upon Centre-State States). collaboration, it is indeed its commitment to The Act envisages the creation of a ‘National federalism that is under the most strain. Plan’ under Section 11, as well as issuance of binding guidelines by the Centre to States Cooperative Federalism under Section 6(2), in furtherance of the ‘National Federalism, K.C. Wheare notes, Plan’. traditionally signifies the independence of the The ‘National Plan’ then is a broader vision Union and State governments of a country, in document while the binding guidelines are its their own spheres. enforcement mechanism. However, there was nothing traditional about the Now, Section 11(2) of the Act mandates State circumstances in which India’s Constituent consultations before formulating a ‘National Assembly met. Plan’, and to that extent, when the binding Accordingly, even when its members carefully guidelines are ultimately issued under it, they are studied the Constitutions of other great federations expected to represent the views of the States. like the U.S., Canada, Australia and Switzerland, However, the Centre has not formulated the they adopted a ‘pick and choose’ policy to ‘National Plan’, and has chosen instead to formulate a system suited uniquely to the respond to COVID-19 through ad hoc binding Republic’s need. guidelines issued to States, thereby circumventing the legislative As a result, India’s Constituent Assembly mandate of State consultations. became the first-ever constituent body in the In fact, the Home Ministry order ushering in world to embrace what A.H. Birch and others lockdown 3.0 prohibited States from lowering the have referred to as ‘cooperative federalism’ — Centre’s classifications. essentially defined by administrative This selective application of the Act serves to cooperation between the Centre and the States, concentrate all decision-making powers with the and a partial dependence of the States upon Centre. payments from the Centre. Accordingly, Indian constitutional law Lack of funds expert Granville Austin remarks that despite a The Centre has also declared that corporations strong Centre, cooperative federalism doesn’t donating to PM-CARES can avail CSR necessarily result in weaker States; rather, the exemptions, but those donating towards any Chief progress of the Republic rests upon active Minister’s Relief Fund cannot. cooperation between the two. This directly disincentivises donations to any Chief Minister’s Relief Fund; diverts crores in Fissures in cooperation potential State revenues to PM-CARES; and Nevertheless, some recent developments have makes the States largely dependent upon the revealed fissures in Centre-State cooperation.

Easy to PICK230 – “UPSC Monthly Magazine\" May - 2020 Centre. Further, the revenue streams of several States have dried up because of the liquor sale ban; negligible sale of petrol/diesel; no land dealings and registration of agreements. States’ GST collections have also been severely affected with their dues still not disbursed by the Centre. All this has made it difficult for States to defray expenses of salaries, pensions and welfare schemes. Way Ahead As it is the States which act as first responders to the pandemic, supplying them with adequate funds becomes a pre-requisite in effectively tackling the crisis. This requires the Centre to view the States as equals, and strengthen their capabilities, instead of increasing their dependence upon itself.

Easy to PICK231 – “UPSC Monthly Magazine\" May - 2020 Riding roughshod over State governments By, Prashant Bhushan and Shyam Agarwal are recovery rate and a steep fall in the number of advocates practising in the Supreme Court cases. However, the Central government did not trust the wisdom and judgment of the State Introduction government in the matter. The Central government has so far followed a This centralised approach, apart from leading to mostly top-down approach in tackling the undesirable outcomes, may not be strictly legal. COVID-19 pandemic. During lockdowns 1.0, 2.0 A study of the Disaster Management Act, and 3.0, the Centre has issued guidelines from 2005 as well as relevant provisions of the time to time, ostensibly under the Disaster Constitution makes it clear that this practice of Management Act of 2005, containing varying issuing guidelines and directions to the States is restrictions on public activity and commerce itself unconstitutional. which the States are expected to enforce. The Centre directs the State governments to The federal scheme scrupulously enforce every new set of guidelines, Under the federal scheme, Parliament can legislate with the States only being allowed to increase and on matters under the Union List (List I), Stage not dilute the restrictions. legislatures can legislate on matters under This centralised approach is counterproductive, the State List (List II), and both Parliament and has put the federal structure of India under strain, State legislatures can legislate on matters under and is in fact beyond the powers of the Central the Concurrent List (List III). government. The residuary power to legislate on matters that Two examples show why this is are not mentioned in either List II or List III vests counterproductive. with Parliament under Article 248 of the Constitution read with Entry 97 of List I. 1. One, the Central government, in its latest Furthermore, the rule of harmonious construction guidelines, has classified all districts in the laid down by the Supreme Court in a number of country as red, orange or green zones in a bid to judgments, including in Godfrey Phillips v. State lift lockdown restrictions in an area-specific of U.P. & Ors (2005), dictates that the entries in manner. the legislative lists must be interpreted Some States/Union Territories objected to the harmoniously, and in the event of any overlap classification of certain areas/districts as red between two or more entries, the specific zones on the ground that these areas are very subject matter contained in a particular entry large. must be deemed to have been excluded from They pointed out that there was no need to keep another entry which may deal with a more economic activity on hold in an entire district general subject matter. when cases had been reported only from a small Finally, as per Articles 73 and 162, the executive portion of that district. power of the Centre and the States is co- extensive with their respective legislative powers, 2. Two, Kerala, probably the best-performing which means that the Central and State State in terms of its response to COVID-19, was governments can only take executive actions in sent a missive by the Central government matters where Parliament and State to refrain from relaxing restrictions in the State. legislatures, respectively, have powers to The Kerala government had issued revised legislate. guidelines in mid-April following a near-perfect Disaster management as a field of legislation does not find mention in either List

Easy to PICK232 – “UPSC Monthly Magazine\" May - 2020 II or List III, nor does any particular entry in Therefore, theoretically speaking, Parliament List I specifically deal with this. would be competent to pass a law that allows the Thus, the Disaster Management Act could only Central government to issue directions to the have been enacted by Parliament in exercise of States to prevent inter-State spread of a disease its residuary powers of legislation under Article like COVID-19. 248 read with Entry 97 of List I. That law is not the Disaster Management Act The question is, can the Act be applied at all for which is concerned with disasters in general, and dealing with a pandemic. not pandemics in particular. ‘Prevention of inter-State spread of contagious The Disaster Management Act allows the and infectious diseases’ being a specific Centre to issue guidelines, directions or legislative head provided in List III, the same orders to the States for mitigating the effects of must be deemed to have been excluded from any disaster. Parliament’s residuary legislative powers. The definition of ‘disaster’ under the Act is quite Therefore, the Disaster Management Act, which broad and, literally speaking, would include a has been enacted under Parliament’s residuary pandemic too. legislative powers, cannot be applied to the Such a reading of the Act would vest the Central prevention of inter-State spread of contagious government with powers to issue directions and and infectious diseases. guidelines to State governments for dealing with the pandemic in their States, which is what the Applying another law Centre has been doing. In fact, a law on this exists — the Epidemic However, ‘public health and sanitation’ is a Diseases Act, 1897, which has the objective of specific field of legislation under Entry 6 of List preventing “…the spread of dangerous epidemic II. diseases.” However, under this Act, it is the State This would imply that States have the exclusive governments which have the prerogative to take right to legislate and act on matters concerning appropriate measures for arresting the outbreak public health. or spread of a contagious or infectious disease Thus, the Centre’s guidelines and directions to the in their respective States. States for dealing with the pandemic trench upon The Central government’s powers are a field of legislation and executive action that is limited to taking measures for inspecting and exclusively assigned to the States — public health. detaining persons travelling out of or into the The Supreme Court has held time and again country. that federalism is a basic feature of the Even if that Act were to be amended, it would not Constitution and although the Union enjoys many empower the Central government to issue more powers than States, the States are directions to the States to contain the pandemic sovereign. within the State; it can only deal with inter- The Disaster Management Act, having been State spread of the disease. enacted by Parliament under its residuary powers Therefore, instead of resorting to the Epidemic of legislation, cannot be applied to pandemics in Diseases Act which gives powers to the States, view of the fact that the power to legislate on the Centre has applied the Disaster public health is vested specifically and Management Act, which has enabled it to ride exclusively with the States. roughshod over State governments. This is plainly At this juncture, an important caveat must be unconstitutional. pointed out. Under Entry 29 of List III, both The States are not legally bound to observe the Parliament and State legislatures are competent directions/guidelines being issued by the Central to legislate on matters involving inter-State government and would be well within their rights spread of contagious or infectious diseases. to challenge them before the apex court.

Easy to PICK233 – “UPSC Monthly Magazine\" May - 2020 a framework where financial support to businesses Italy, India and a common thread in partnership By, Vincenzo de Luca is the Ambassador of Italy and citizens has already been launched both at the to India national and the European Union (EU) level. In terms of national financial resources, the Italian Introduction government has already provided guarantees up May 4 is a date that unites Italy and India in the to €500 billion to make sure that Italian current COVID-19 scenario. It is the day when businesses can have access to the necessary both countries courageously decided to strike liquidity. a fine balance between the need to restore It has also adopted measures to support families industrial activities and supply chains and the and small and medium enterprises through grants, duty to continue protecting their citizens from the loans, debt rescheduling and other form spread of the novel coronavirus. of financial support. Furthermore, the Italian government was the first Endeavour in a phase one to sign a protocol with trade unions for The present stage that both countries entered that health safety at the workplace. Monday reflects the same endeavour: The lockdown adopted by the Italian government 1. First, we needed to put our economies and is paying out societies on hold to contain the virus; In case of a resurgence of the contagion, we stand 2. Second while still working to strengthen our ready to introduce restrictive measures again to preparedness and our response to this global counter it effectively. challenge, we need to be able to look forward and give our citizens and our businesses a positive Points of convergence outlook in the immediate future. Italy and India will have an extraordinary chance That Monday, the new measures adopted by the to closely cooperate in the next months, since they Italian government allowed 4.5 million people to will be holding the go back to work: the heart of our economic system consecutive Presidencies (Italy in 2021 and India started pulsating again. Nearly 50 economic and in 2022) of the G20, one of the world’s main fora industrial activities were allowed on a national for global governance. scale. This will prove a unique opportunity to strengthen In parallel, the Italy government adopted new our partnership based on shared values, on measures develop digital processes and our thriving creating industries, scientific streamlined procedures so as to support the prompt knowledge and technological prowess; from the resumption of activities by the private sector. development of a rules-based international It is something that we are also doing here in India, system to the promotion of just trade, inclusive by developing the “Digital Embassy” project that growth and the realisation of the 2030 Agenda. will allow us to create many tools and processes to In this endeavour we will support an effective virtually interact and support our nationals, our multilateral system, which would be the best businesses and our Indian counterparts. political accelerator to win our battle against the novel coronavirus and to promote a sustainable, Financial backing- Steps taken by Italy to equitable and durable recovery. promote its business sector In this process we will not lose sight of the fight The resumption of industrial activities happens in against climate change, since Italy will co-host the 26th session of the Conference of the Parties, COP26, in 2021, together with the

Easy to PICK234 – “UPSC Monthly Magazine\" May - 2020 United Kingdom, and India is one of the world’s major responsible stakeholders. Way Ahead In a nutshell, at both bilateral and multilateral levels, our dialogue will be based on the main tenets of innovation and sustainability. Innovation because this crisis has transformed the urge to develop new ideas, methods, processes and devices into the “new normal”; sustainability because, paraphrasing a popular saying: “we did not inherit the earth from our ancestors; we borrowed it from our children”.

Easy to PICK235 – “UPSC Monthly Magazine\" May - 2020 NEET is not student-friendly, merit-promoting By, Faizan Mustafa is an expert of constitutional allowed but the dissenting judge of the 2013 law. The views expressed are personal judgment made NEET compulsory even prior to a full hearing by the constitution Bench. Introduction NEET is an assault on the autonomy of “Freedom of individual development is the universities and higher education institutions, basis of democracy,” observed the Dr. S. particularly private, unaided ones. Radhakrishnan Commission (1948-49) It is ironical that while in all other areas including appointed by the Government of India to report industrial relations, the government is talking on Indian University Education . about deregulation, in the case of education, It had among its members Dr. S. Radhakrishnan over-centralisation is becoming a harsh and and was cited by then Chief Justice of India, B.N. painful reality. Kirpal, in the judgment in T.M.A. Pai Similarly in the name of NEET or the state’s Foundation & Ors vs State Of Karnataka & power to “regulate”, the rights of unaided Ors (2002). private institutions and minority institutions cannot be violated as regulation State Control over education-promote cannot annihilate minority character. totalitarian tyrannies Certainly minorities do not have right to “mal- The Commission added (also cited in the T.M.A. administer” their institutions yet due to admission Pai Foundation judgment): “Exclusive control of mal-practices practised by the few education by the State has been an important institutions, denial of Article 30 factor in facilitating the maintenance of rights and Article 19(g) rights of private unaided totalitarian tyrannies. In such State institutions is absolutely wrong. institutions of higher learning controlled and managed by governmental agencies act like Students disadvantaged mercenaries, promote the political purposes of Tamil Nadu has been opposing NEET. With the State, make them acceptable to an increasing NEET and similar other national tests such as the number of their populations and supply them with Joint Entrance Examination and Common Law the weapons they need. We must resist, in the Admission Test, coaching institutes are interests of our own democracy, the trend prospering; since most of them are in towards the governmental domination of the cities, poorer students from a rural background educational process.” and who have studied in the vernacular medium face a disadvantage. NEET exam There is also large-scale variation in the But these observations do not seem to have been syllabus and standards of the Central Board of kept in mind in a judgment this April on the Secondary Education and State boards. National Eligibility-cum-Entrance Test (NEET), We cannot overlook some of the advantages a by a three-judge Bench of the Supreme Court, student has if there are multiple tests: if he falls ill headed by Justice Arun Mishra. or has not done well in one test, he will still have NEET was initially struck a chance to qualify in another without losing a down as unconstitutional in Christian Medical year. College, Vellore (2013) by a 2:1 majority. Second, it gives a student a right to select an In 2016, not only was a review of this judgment institution of his choice. Third, the NEET paper was leaked twice in the last four years; therefore, there is not much

Easy to PICK236 – “UPSC Monthly Magazine\" May - 2020 confidence in NEET’s fairness and transparency. equality, mandates differential treatment. Finally, there is the issue of wrong translation. In the 2018 NEET, as many as 49 questions had The Supreme Court itself termed Article 30 as errors in Tamil translation leading to a Madras ‘an article of faith’ in Lilly Kurian (1978); High Court order to award four marks for each a ‘sacred obligation’ in Kerala Education Bill of the 49 wrongly translated questions, or 196 (1957); ‘the conscience of the nation’ in marks to all 1.07 lakh candidates of Tamil Nadu. Ahmedabad St. Xaviers College (1974); ‘an The Supreme Court overruled this order as the absolute right’ in Rev. Sidhajbhai Sabhai And High Court had arbitrarily ordered giving grace Others (1962) and part of the ‘basic structure’ marks to everyone without examining whether the in Kesavananda Bharati (1973); thus minority student even attempted such a question. rights were held as unamendable and Element of class- What is meritocracy ? British sociologist Michael Dunlop inalienable. Young’s book, The Rise of the Meritocracy The Court’s opinion in Kerala Education Bill , (1958), has popularised what is called “meritocracy” though the idea really goes on minority rights, has been religiously cited in all back to earlier times. Meritocracy requires competition and equality subsequent judgments (including the latest of opportunity. When NEET and other such admission tests do judgment on NEET) but without paying much not meet this fundamental criteria, competition cannot be termed as fair and just, and the equality attention to the crucial statement where there was of opportunity becomes illusionary. There is substantial scholarship in the West the observation that the key words in Article 30 that argues that common admission tests cannot are ‘of their own choice.’ measure abilities that are essential for learning If a minority institution wants additional such as imagination, curiosity and motivation. Justice Mishra did concede the point of a lack of qualifications over and above the NEET score, commitment of doctors to serve in rural areas (that was a point in Christian Medical College, denial of such additional and superior Vellore) but eventually decided in favour of NEET in the name of merit. qualifications undermines its choice. Empirical research in the United States on standardised common tests has found Even if one concedes the necessity of that these tests are biased against the poorer and underprivileged sections of NEET, centralised counselling due to which population, women and minorities. Thus there is an element of class in NEET that several minority institutions and private medical the Indian judiciary has so far overlooked. colleges are unable to fill their seats is indeed Differential treatment an ‘intolerable encroachment’. Minority rights are not the violation of the equality provision in Article 14 as the Constitution Moreover, every vacant seat is the national loss. does permit classification. COVID-19 has only demonstrated India’s In fact substantive equality as opposed to formal extremely poor doctor-population ratio. Justice Mishra has rightly relied on T.M.A. Pai Foundation, where the Court had held that admission by the management can be by a common entrance test held by “itself or by the State/University”. Moreover, it is important that here universities and state were treated on a par and an admission test by the university was considered as good as a test conducted by the State. What a 11-judge Bench really emphasised was that an admission process must be fair and transparent rather than just one test for all institutions. In Islamic Academy of Education and Another (2003), a five-judge Bench of the top court clarified the T.M.A. Pai judgment and held that institutions which have a special feature and