Editorials & Articles – 11 March 2024 - SAMUNDRAGYAAN EDUCATION FOUNDATION

Editorials & Articles – 11 March 2024

We need limits on election campaign spending

Topic: GS2 – Governance – Important aspects of governance – Transparency and accountability UPSC aspirants need to understand the impact of excessive government ad spending, electoral reforms, and challenges in maintaining a fair election process.

Context

● The article discusses concerns over excessive government ad spending before elections in India, citing past controversies and proposing electoral reforms to ensure fairness and curb unaccounted expenses.

Introduction:

Governments, both at the central and state levels, increasingly allocate substantial funds for pre-election advertisements, raising concerns about fairness and misuse of public money.

Ad Spend and Controversy:

In 2004, the BJP-led government’s ‘India Shining’ campaign sparked a ₹150 crore controversy for alleged misuse of public funds.
The Information and Broadcasting Ministry reveals the Central government spent ₹3,020 crore on ads from 2018-19 to 2022-23, with a significant spike in election year 2018-19.

Supreme Court Guidelines:

The Supreme Court established guidelines in 2015 and 2016 to regulate government advertisements, aiming to maintain a level playing field.
Despite these guidelines, ruling governments tend to have an advantage in advertising before elections, potentially disrupting fairness.

Election Expenditure Limits:

Candidates face expenditure limits, with ₹95 lakh in larger states and ₹75 lakh in smaller states per Lok Sabha constituency.
The widely breached limits suggest a norm in Indian elections, contributing to a perceived advantage for winning.

Political Parties’ Expenditure:

No spending limits exist for political parties during elections.
BJP and Congress officially declared ₹1,264 crore and ₹820 crore, respectively, for the 2019 elections.
While the Centre for Media Studies estimates a total spend of around ₹50,000 crore, highlighting an opaque funding system.

Need for Electoral Reforms:

The Indrajit Gupta Committee (1998) and the Law Commission report (1999) proposed state funding of elections to curb unaccounted expenses.
Despite the electoral bonds scheme’s setback, the issue persists, and the CMS projects ₹1 lakh crore spending for the 2024 general elections.

Proposed Electoral Reforms: Ad Ban and Financial Assistance Limits:

Propose a ban on government advertisements six months before any general election to prevent undue influence.
Amend laws to restrict a party’s financial assistance to its candidate within the prescribed election expenditure limits.

Ceiling on Party Expenditure:

Introduce a ceiling on party expenditure, calculated as the expenditure ceiling limit for a candidate multiplied by the number of candidates the party fields.

Judicial Measures:

Appoint additional judges in High Courts to expedite election-related cases, acting as a deterrent against norm violations.

Conclusion:

Implementing these reforms requires bipartisan support and political will.
Without such changes, the burden of exorbitant election expenses will continue to impact citizens, emphasizing the need for immediate attention to ensure free and fair elections.

Issues with electoral spending in India

● Issues:

- Excessive Spending: Electoral campaigns in India often witness exorbitant spending, leading to financial strain on political parties and candidates.
- Lack of Transparency: There is a lack of transparency in funding sources, making it difficult to track and regulate the flow of money in elections.
- Influence of Money Power: Excessive spending can lead to the undue influence of wealthy individuals and businesses, potentially compromising the democratic process.
- Unequal Playing Field: Small or new political parties face challenges in competing with well-funded established parties, undermining fair competition.

● Way Forward:

- Stricter Regulations: Implement and enforce stricter regulations on electoral spending to curb the escalation of expenses during campaigns.
- Transparency Measures: Introduce measures to enhance transparency in political funding, such as mandatory disclosure of donors and their contributions and electoral spending by political parties
- Public Funding: Explore the possibility of increasing public funding for elections to reduce their dependence on private donations.
- Digital Campaigning: Encourage the use of cost-effective digital platforms for campaigning to level the playing field and reduce the reliance on traditional, more expensive methods.
- Educational Initiatives: Conduct public awareness campaigns to educate voters on the importance of scrutinizing candidates beyond flashy campaigns, fostering a more informed electorate.

A comprehensive approach addressing spending limits, transparency, public funding, and innovative campaigning methods can contribute to a more equitable and transparent electoral process in India.

Electoral bonds, the State Bank and the art of evasion

Topic: GS2 – Governance – Important aspects of governance – Transparency and accountability UPSC aspirants must understand the article on the Supreme Court’s electoral bond judgement for insights into political funding, transparency, and governance.

Context

● The article discusses the Supreme Court of India’s landmark decision declaring the electoral bond scheme unconstitutional, emphasising transparency, challenges in implementation, and the impact on voter rights.

Background:

In a historic decision on February 15, 2024, the Supreme Court of India declared the electoral bond scheme unconstitutional, criticising its role in facilitating unlimited anonymous funding to political parties.
The scheme, which raised concerns about the influence of big money in politics, prompted the court to take decisive action.

Directive to Stop Issuance and Disclose Information:

The Supreme Court directed the State Bank of India (SBI), the authorised issuer and encasher of electoral bonds, to cease the issuance of bonds.
The court mandated that the SBI disclose two sets of information to the Election Commission of India (ECI) within 21 days to be published on its website.

Details of Purchased Electoral Bonds:

The first set of information required details of electoral bonds purchased since April 12, 2019, including the date of purchase, purchaser’s name, and bond denomination.

Details of Redeemed Electoral Bonds:

The second set pertained to details of electoral bonds redeemed by political parties within the same timeframe, encompassing the date of encashment and bond denomination.

SBI’s Affidavit and Request for Extension:

Two days before the court’s deadline, the SBI filed an affidavit expressing its inability to comply within the prescribed time.
The bank claimed the need for an additional four months, citing the complexity of decoding, comparing, and disclosing data due to the separation of donor information into distinct silos and the absence of a central database.

Absurdity of SBI’s Request:

The affidavit revealed that since April 2019, 22,217 electoral bonds were used for political donations, with donor details stored in sealed covers at SBI branches.
The SBI claimed that matching purchaser and redeemer information for these bonds, both physically and digitally stored, would be a laborious task, justifying the extended timeline.

Public Suspicion and Allegations:

Public suspicion arose regarding the SBI’s motives, with concerns that the bank aimed to avoid revealing donor identities before the 2024 general election.
The delay in compliance raised questions about transparency and accountability in the electoral process.

Supreme Court’s Emphasis on Voter’s Right to Know:

The court, in its judgement, highlighted the voter’s right to information, especially regarding financial contributions to political parties and their potential impact on electoral politics and government decisions.
Recognizing the influence of corporate funding, the court stressed that voters should have access to information about the sources of political party funding to assess any correlation between policy decisions and financial contributions.

Call for Supreme Court’s Intervention:

Emphasising the voter’s constitutional right to know under Article 19(1)(a), the Supreme Court is urged to uphold the judgement’s timelines for disclosing electoral bond details.
The court’s role is crucial in ensuring transparency, preventing delays, and providing voters with essential information for an informed decision in the upcoming general election.

Conclusion:

The Supreme Court’s landmark judgment on the electoral bond scheme underscores the importance of transparency in political funding, demanding adherence to timelines and safeguarding the voter’s right to know.
The SBI’s request for an extension raises concerns about the integrity of the electoral process, requiring vigilant oversight by the judiciary to preserve the democratic principles of accountability and transparency.

Issues with electoral Bond scheme

Lack of transparency: The electoral bond scheme has faced criticism for its lack of transparency, as the identity of donors and political parties receiving funds remains confidential. This opacity raises concerns about the potential for illicit money to influence elections.
Money laundering concerns: Critics argue that the anonymity provided by electoral bonds makes it susceptible to money laundering and allows for the funnelling of black money into political campaigns, undermining the democratic process.
Unequal distribution: The scheme has been accused of favouring the ruling party, as there is no limit on the amount of money a political party can receive through electoral bonds. This may result in an uneven playing field, with opposition parties at a disadvantage.
Bypassing corporate donation limits: Electoral bonds allow corporations to donate without disclosing their identities, potentially enabling them to exceed legal donation limits and compromising the integrity of political funding regulations.
Lack of public accountability: The absence of a public record regarding donor information erodes the accountability of political parties to the public, limiting citizens’ ability to make informed decisions about the influence of money in politics.

A dialogue among healers

Topic: GS2 – Governance – Government policies – Issues arising out of their design & implementation
GS2- Social Justice – Health This topic is relevant for both Prelims and Mains in the context of knowing facts about the integration of modern and traditional medicine which is a critical aspect of healthcare policy, impacting access to healthcare, patient choice, and overall health outcomes.

Context:

Modern medicine practitioners are increasingly urged to embrace a more open approach to working with traditional or alternative medical systems, aiming for integrated medicine for the benefit of patients.
This concept is promising but entails practical challenges that need careful examination.
Three scenarios—competitive, coexistent, and cooperative depict potential relationships between modern medicine and traditional systems.

Competitive Model: Rivalry and Name-calling:

In a competitive model, modern medicine and traditional systems engage in rivalry.
Professional associations and practitioners may resort to name-calling and litigation.
Each system vies for patient loyalty by emphasizing its strengths and the weaknesses of others, potentially driven by factors like nationalism or commercialism.
This scenario reflects a “warfare” mentality, where winning patients becomes the primary objective.

Coexistence Model: Acknowledging Boundaries:

The coexistence model acknowledges the legitimacy of both systems and establishes clear boundaries to prevent encroachment.
Patients are given the autonomy to choose between modern or traditional treatments.
Practitioners respect each other’s domains, and treatments may be co-located without mutual referral.
This approach promotes a “live and let live” ethos, prioritizing patient choice and peaceful cohabitation of medical systems.

Cooperation Model: Ideal Integrative Medicine:

In the cooperation model, modern and traditional systems collaborate as a unified team to provide optimal patient care.
Practitioners recognize the strengths of each system and work together synergistically.
This approach enhances preventive and promotive aspects of medicine, moving beyond the medicine-focused paradigm.
However, achieving true cooperation requires overcoming significant challenges.

Challenges to Integration: Several challenges hinder the seamless integration of modern and traditional medicine:

Trust Deficit: Past experiences of patients switching between treatments with varying outcomes contribute to a trust deficit between systems. Claims of cure without adequate evidence exacerbate this issue.
Technical Heterogeneity: Traditional systems encompass diverse practices, each requiring separate consideration and decision-making. Integrating them effectively into modern medicine protocols poses technical challenges.
Operational Obstacles: Implementing a team-based approach necessitates understanding and acknowledging each other’s strengths and limitations. However, lack of knowledge and trust among practitioners complicates this cooperation.
Regulatory Framework: Establishing regulations to govern collaboration, accountability, and quality control is paramount. Weak enforcement and accountability mechanisms hinder effective integration, necessitating a robust regulatory framework.

Moving Forward: Addressing these challenges requires a multifaceted approach:

Evidence-based Practice: Generating robust evidence for traditional treatments is crucial to bridge the trust gap and validate their efficacy. Weed out ineffective treatments to develop composite treatment guidelines based on the best evidence from both systems.
Education and Training: Consider integrating aspects of traditional medicine into modern medical education to foster understanding and collaboration. However, logistical challenges and curriculum constraints must be addressed.
Regulatory Oversight: Develop a comprehensive regulatory framework governing collaboration, communication, and accountability between different medical modalities. Ensure adherence to quality standards and patient safety.

Conclusion:

The pursuit of integrated medicine holds promise for enhancing patient care but necessitates overcoming substantial challenges.
By fostering mutual respect, evidence-based practice, and robust regulatory oversight, the healthcare community can navigate towards a more harmonious and effective integration of modern and traditional medical systems.

What are traditional medicines?

Traditional medicine, as defined by the WHO, is the sum total of the knowledge, skills, and practices based on the theories, beliefs, and experiences indigenous to different cultures.
These skills are used in the maintenance of health as well as in the prevention, diagnosis, improvement, or treatment of physical and mental illness.
Some traditional medicine systems are supported by huge volumes of literature and records of the theoretical concepts and practical skills.
Others pass down these skills from generation to generation through verbal teaching.
The most widely used traditional medicine systems today include those of China, India, and Africa.

India & Traditional medicine

India has been known to be rich repository of medicinal plants.
The forest in India is the principal repository of large number of medicinal and aromatic plants.
About 8,000 herbal remedies have been codified in AYUSH systems in INDIA.
Ayurveda, Unani, Siddha and Folk (tribal) medicines are the major systems of indigenous medicines.

What are the opportunities in AYUSH sector in India?

The country has witnessed unprecedented growth in the production of AYUSH medicines, supplements and cosmetics.
This sector has seen exponential growth from more than $3 billion in 2014 to $18 billion in 2020 and is anticipated to reach $24 billion in 2023.
Presently, 7,000 AYUSH-based health and wellness centres are operational in India.
There are immense possibilities of investment and innovation in supply chain management, AYUSH-based diagnostic tools and tele-medicine.

What are the steps taken by India to Promote AYUSH? New Ministry Formed In 2014, the Union government established the Ministry of AYUSH, a separate ministry dedicated to traditional medicine and treatment. National AYUSH Mission

Department of AYUSH, Ministry of Health and Family Welfare had launched National AYUSH Mission (NAM) during 12th Plan.

The basic objective of NAM is to promote

AYUSH medical systems through cost effective AYUSH services, strengthening of educational systems,
facilitate the enforcement of quality control of Ayurveda, Siddha and Unani & Homoeopathy (ASU &H) drugs and
sustainable availability of ASU & H raw-materials.

Recent Steps

The new category ‘AYUSH Aahar’ introduced by the FSSAI in its regulations will help the producers of herbal nutritional supplements.
The AYUSH Export Promotion Council has been set up recently to encourage exports and help find foreign markets.
The government is going to create a network of AYUSH Parks to encourage research and provide a new direction to AYUSH manufacturing.
An incubation centre developed by the All-India Institute of Ayurveda was inaugurated by the Ministry of AYUSH.
This will encourage start-up culture in the field of traditional medicine.

Standing up for the voter

Topic: GS2 – Governance – Important aspects of governance: Transparency and accountability
This topic is relevant for both Prelims and Mains in the context of knowing facts about the Supreme Court’s decision on the Electoral Bond Scheme which highlights critical issues related to transparency, accountability, and integrity in electoral funding, which are essential aspects of governance and political processes.

Context:

The unanimous decision by the Constitution Bench of the Supreme Court, authored by Chief Justice DY Chandrachud, along with Justices Sanjiv Khanna, BR Gavai, JB Pardiwala, and Manoj Misra, marks a significant milestone in Indian democracy.
The verdict declares the Electoral Bond Scheme (EBS) introduced by the Finance Act, 2017, unconstitutional, highlighting the imperative for transparency in corporate election funding and upholding the principles enshrined in Articles 14 (right to equality) and 19(1)(a) (right to information).

Challenges of the Electoral Bond Scheme:

Under the EBS, the cap on donations to political parties was removed, enabling anonymous donations through promissory notes issued by recognized banks.
Additionally, corporate donors were relieved of the obligation to disclose donations in their balance sheets.
This lack of transparency exacerbated the asymmetry of information and facilitated the infiltration of significant funds into electoral politics, posing a threat to democratic principles.

Prospects of Disclosure and Judicial Review:

The verdict underscores the importance of disclosure in corporate election funding to uphold the rights of individual voters and promote equality of information and influence.
It challenges the presumption of constitutionality associated with legislative determinations, emphasizing that not every decision qualifies as a “financial” or “economic development” decision deserving relaxed constitutional judicial review.

Immediate Impact and Subsequent Proceedings:

With immediate effect, the issuance of electoral bonds is discontinued, and all relevant agencies, including political parties, the State Bank of India, the Reserve Bank of India, and the Election Commission of India, are directed to disclose information since the interim order passed on April 12, 2019.
Despite the court’s directives, the State Bank of India’s request for an extension of the disclosure deadline has raised concerns, leading to a contempt petition against it.

Judicial Analysis and Proportionality Test:

The decision delves into the doctrine of proportionality, emphasizing its role in constitutional judicial review to ensure the legitimacy and effectiveness of restrictions on fundamental rights.
The court scrutinizes the state’s objectives, means, and impact of restrictions, suggesting alternative measures such as setting up an electoral trust or capping corporate funding of elections.

Upholding Constitutional Rights:

The judgment highlights the conflict between donors’ right to privacy and voters’ right to equality of information and influence, necessitating a double proportionality test.
It rejects the notion of blanket non-disclosure, asserting that donor privacy cannot supersede the public’s right to information and influence in a democracy.

Historical Context and Judicial Duty:

Drawing from Chief Justice MC Chagla’s caution against the undue influence of “big business” in democracy, the verdict underscores the judiciary’s duty to safeguard democratic principles from improper or corrupt influences.
Critics are prompted to reflect on the judiciary’s role in upholding democratic values in the face of challenges posed by vested interests.

Conclusion:

The Supreme Court’s decision to declare the Electoral Bond Scheme unconstitutional reaffirms its commitment to upholding democratic principles and ensuring transparency in electoral funding.
By addressing the challenges posed by opaque donation mechanisms, the judgment paves the way for greater accountability and integrity in India’s electoral process, thereby strengthening the foundations of democracy.

What are the Suggestions for Electoral Funding In India?

Regulation of Donations:

Some individuals or organisations, for instance, foreign citizens or companies, may be banned from making donations. There may also be donation limits, aimed at ensuring that a party is not captured by a few large donors — whether individuals, corporations, or civil society organisations.
Some jurisdictions rely on contribution limits for regulating the influence of money in politics. US federal law imposes different contribution limits on different types of donors. Some other countries, such as the UK, do not impose contribution limits, but instead, rely on expenditure limits.

Limits on Expenditure:

Expenditure limits safeguard politics from a financial arms race. They relieve parties from the pressure of competing for money even before they start to compete for votes.
Therefore, some jurisdictions impose an expenditure limit on political parties. For example, in the UK, political parties are not allowed to spend more than Euro 30,000 (about Rs 30 lakh) per seat.
In the US, the Supreme Court’s expansive interpretation of the First Amendment (freedom of expression) has come in the way of legislative attempts at imposing expenditure limits.

Providing Public Funding to Parties:

The most commonly used method is to set predetermined criteria. For instance, in Germany, parties receive public funds on the basis of their importance within the political system.
Generally, this is measured on the basis of the votes they received in past elections, membership fees, and the donations received from private sources. German “political party foundations” receive special state funding dedicated to their work as party-affiliated policy think tanks.
A relatively recent experiment in public funding is that of “democracy vouchers”, which is used in local elections in Seattle, US. The government distributes a certain number of vouchers — each of which is worth a certain amount to eligible voters.
Voters can use these vouchers to donate to the candidate of their choice. The voucher is publicly funded, but the decision to allocate the money is the individual voter’s. Put simply, voters get to “vote” with their money before they cast their ballot.

Disclosure Requirements:

Disclosure as regulation rests on an assumption that the information supply and public scrutiny may influence politicians’ decisions and the electorate’s votes. However, mandatory disclosure of donations to parties is not always desirable.
At times, donor anonymity serves a useful purpose of protecting donors. For instance, donors may face the fear of retribution or extortion by the parties in power. The threat of retaliation may, in turn, deter donors from donating money to parties of their liking.
Many jurisdictions have struggled with striking an appropriate balance between the two legitimate concerns — transparency and anonymity. This issue was addressed by the Supreme Court in its judgment.

The Chilean Experiment:

Under the Chilean system of “reserved contributions”, donors could transfer to the Chilean Electoral Service the money they wished to donate to parties, and the Electoral Service would then forward the sum to the party without revealing the donor’s identity.
If the complete anonymity system worked perfectly, the political party would not be able to ascertain the sum donated by any specific donor — and would find it extremely difficult to strike quid pro quo arrangements.
However, it would be in the interest of donors (who want government patronage) and parties (who need money) to informally coordinate in advance to ascertain the sums donated by those donors. Indeed, as various scandals revealed in 2014-15, Chilean politicians and donors had coordinated with each other to effectively erode the system of complete anonymity.

Balancing Transparency, Anonymity:

One of the most prominent responses is to balance legitimate public interests in transparency and anonymity. Many jurisdictions strike this balance by allowing anonymity for small donors, while requiring disclosures of large donations.
In the UK, a party needs to report donations received from a single source amounting to a total of more than Pounds 7,500 in a calendar year. The analogous limit in Germany is Euros 10,000.
The argument in favour of this approach is: small donors are likely to be the least influential in the government and most vulnerable to partisan victimisation, while large donors are more likely to strike quid pro quo arrangements with parties.

Establishing National Election Fund:

Another option would be to establish a National Election Fund to which all donors could contribute. The funds could be allocated to parties based on their electoral performance. This would eliminate the so-called concern about donors’ reprisals.
During the hearing, the apex court, however, flagged a new issue — the possibility of misuse of money received by political parties for activities like funding terror or violent protests, and asked the Centre whether it has any control on the end use.

India-EFTA Trade and Economic Partnership Agreement

Why in news?

India-European Free Trade Association (EFTA) signed a Trade and Economic Partnership Agreement (TEPA).
- India has been working on a TEPA with EFTA countries comprising Switzerland, Iceland, Norway & Liechtenstein.
This agreement aims to encourage investments and enhance trade in goods and services between the two parties.

What’s in today’s article?

European Free Trade Association (EFTA)
Trade and Economic Partnership Agreement (TEPA)

European Free Trade Association (EFTA)

About
- The EFTA is the intergovernmental organisation of Iceland, Liechtenstein, Norway and Switzerland.
- It was set up in 1960 (by the Stockholm Convention in 1960) by its then seven Member States for the promotion of free trade and economic integration between its members.
- The organisation operates in parallel with the European Union (EU), and all four member states participate in the European Single Market and are part of the Schengen Area.
  - However, they are not a party to the European Union Customs Union.
The main tasks of EFTA-
- Maintaining and developing the EFTA Convention, which regulates economic relations between the four EFTA States;
- Managing the Agreement on the European Economic Area (EEA Agreement), which brings together the EU and 3 of the EFTA States – Iceland, Liechtenstein and Norway – in a single (internal) market.
- Developing EFTA’s worldwide network of free trade agreements.
Trade relation between India and EFTA countries

Trade and Economic Partnership Agreement (TEPA)

About
- India signed a trade agreement with the four-nation EFTA. This agreement is officially dubbed Trade and Economic Partnership Agreement (TEPA).
- The agreement comprises of 14 chapters with main focus on market access related to goods, rules of origin, trade facilitation, trade remedies, etc.
- This is India’s fourth such agreement since 2014. The previous agreements were signed with Mauritius, the UAE, and Australia.
Aim: For the first time in history of FTAs, binding commitment of $100 bn investment and 1 million direct jobs in the next 15 years has been given.

Key highlights of the TEPA

Legal commitment for promoting target-oriented investment and creation of jobs
- EFTA has committed to promote investments with the aim to:
  - increase the stock of FDI by USD 100 billion in India in the next 15 years, and
  - to facilitate the generation of 1 million direct employment in India, through such investments.
- The investments do not cover foreign portfolio investment (FPI).
Coverage
- EFTA is offering 92.2% of its tariff lines which covers 99.6% of India’s exports.
- The EFTA’s market access offer covers 100% of non-agri products and tariff concession on Processed Agricultural Products (PAP).
- India is offering 82.7% of its tariff lines which covers 95.3% of EFTA exports of which more than 80% import is Gold.
  - The effective duty on Gold remains untouched.
- Sensitivity related to PLI in sectors such as pharma, medical devices & processed food etc. have been taken while extending offers.
- Sectors such as dairy, soya, coal and sensitive agricultural products are kept in exclusion list.
Sub-sectors included
- India has offered 105 sub-sectors to the EFTA and secured commitments in 128 sub-sectors from Switzerland, 114 from Norway, 107 from Liechtenstein, and 110 from Iceland.
Inclusion of Services
- Services offers from EFTA include better access through digital delivery of Services (Mode 1), commercial presence (Mode 3) and improved commitments and certainty for entry and temporary stay of key personnel (Mode 4).
- TEPA has provisions for Mutual Recognition Agreements in Professional Services like nursing, chartered accountants, architects etc.
Robust IPR regime
- The IPR chapter with Switzerland, which has high standard for IPR, shows India’s robust IPR regime.
- India’s interests in generic medicines and concerns related to evergreening of patents have been fully addressed.

Significance of TEPA for India

Trade opportunities
- It will empower Indian exporters access to specialized inputs and create conducive trade and investment environment.
- This would boost exports of Indian made goods as well as provide opportunities for services sector to access more markets.
Opportunity to integrate into EU markets
- Over 40% of Switzerland’s global services exports are to the EU.
- Indian companies can look to Switzerland as a base for extending its market reach to EU.
Diversified supply chain: It will help India diversify imports away from China.
Boost to Make in India and Atmanirbhar Bharat
- By encouraging domestic manufacturing in various sectors.
- These include: Infrastructure and Connectivity, Manufacturing, Machinery, Pharmaceuticals, Chemicals, Food Processing, Transport and Logistics, Banking and Financial Services and Insurance.
Creation of large number of direct jobs
- Including better facilities for vocational and technical training.

Challenges for India

India runs a trade deficit with most of its top trade partners except for the US.
- This is also true in the case of FTAs that India has signed in the past, especially with ASEAN nations.
  - This is due to high average tariffs in India which hovers around 18%, among the highest in the world.
- The India-EFTA deal is also expected to widen the trade gap.
  - That is why India pushed for investment commitment in the EFTA deal.
  - Such investment could help India generate economic activity and jobs in exchange for giving market access to EFTA.
  - Also, India could see gains in the services sector and the deal could help India power its services sector further.
Difficulty for India to access the EFTA market
- Switzerland, which is India’s biggest trade partner among EFTA countries, decided to eliminate import duties on all industrial goods for all countries starting from January 1, 2024.
- The abolition of tariffs on all industrial products, including chemicals, consumer goods, vehicles and clothing is a concern for India.
  - Industrial goods accounts for 98% of India’s $1.3 billion merchandise exports to Switzerland in FY2023.
- India’s goods will face stiffer competition despite any tariff elimination that would be part of the deal.
- Also, exporting agricultural produce to Switzerland remains challenging due to the complex web of tariffs, quality standards, and approval requirements.
  - EFTA has not shown any inclination to make agriculture tariffs zero on most basic agricultural produce.

Gig Workers in India

Why in News?

According to a recent study on app-based workers, they work long hours for minimal pay, with 68% of drivers reporting that their expenses surpass their profits.
Hence, regulatory oversight and monitoring methods for app algorithms are required.

What’s in Today’s Article?

What is Gig and Platform Economy?
Who are Gig Workers?
Importance of Gig Workers and Issues Faced by Them
Highlights of the Recent Study on App-Based Workers

What is Gig and Platform Economy?

The term gig economy means a general workforce environment, which includes short-term employment, contractual jobs, and independent contractors.
- It is also called freelancer economy, agile workforce, sharing economy, or independent workforce.
The platform economy refers to the trend of commerce increasingly strongly attracted toward and favouring digital platform business models.

Who are Gig Workers?

The new Labour Codes of 2019 defines a gig worker as “A person who performs work or participates in a work arrangement and earns from such activities outside of traditional employer-employee relationship”.
- It includes freelancers, workers who are employed on a contractual and project-based basis and short-term work.
Most commonly, platform-based work where workers earn money by providing specific services, including food delivery services like Zomato, Swiggy or e-commerce platforms such as Amazon, Flipkart, use gig workers.
It is estimated that 77 lakh workers were engaged in the gig economy in 2020-21 constituting 2.6% of the non-agricultural workforce or 1.5% of the total workforce in India.
- The gig workforce is expected to expand to 2.35 crore workers by 2029-30.

Importance of Gig Workers and Issues Faced by Them:

The role of gig workers has been gaining importance as they infuse flexibility and talent availability in the job market.
The future workforce will indeed be a blended model –
- Wherein the gig economy is expected to play an important role not only as a talent management strategy,
- But also accelerate job creation and boost the country’s economic growth.
However, Niti Aayog’s report ‘India’s Booming Gig and Platform Economy’, recognises lack of job security, wage irregularity and uncertain employment status for workers, as top challenges in the sector.
- It recommends extending social security provisions such as sick leave, insurance and pension to gig workers and their families.
The new Rajasthan Platform-Based Gig Workers (Registration and Welfare) Act 2023 is the first-of-its-kind ground-breaking piece of legislation.
- It aims to establish a welfare board and a dedicated social security fund for platform-based gig workers in the state.

Highlights of the Recent Study on App-Based Workers:

Long working hours: Almost a third of app-based cab drivers work for over 14 hours a day, while more than 83% work more than 10 hours and 60% work over 12 hours.
- Social disparities make the situation worse, with over 60% of the drivers from SCs and STs working for over 14 hours a day.
Low earnings: Over 43% of participants in the study earn less than ₹500 a day or ₹15,000 a month, after deducting all their costs.
- Over 80% of app-based cab drivers were not satisfied with the fares offered by the companies, while over 73% of app-based delivery persons showed dissatisfaction with their rates.
- 68% of cab drivers’ overall expenses exceed their earnings, which indicates how a vast number of app-based workers could be in debt-like situations.
- These income disparities further exacerbate the already existing social inequalities and perpetuate cycles of poverty and distress.
Stress and potential health issues: Due to the demanding work hours, drivers are physically exhausted.
- They are exposed to an increased risk of road traffic accidents, especially due to the 10-minute delivery policy of certain e-commerce platforms.
- The lack of social and job security creates additional stress and leads to potential health issues.
Other issues:
- 41% of the drivers and 48% of delivery persons said they are unable to take even a single day off in a week.
- Less than 37% of the drivers said they belonged to a union.
- Another major complaint of the workers is the issue of ID deactivation and customer misbehaviour.
Recommendations: The study recommended stronger social security for app-based workers.
- It called on the government to exercise oversight on the fairness of algorithms and mechanisms used by platforms to monitor such workers.

India’s indigenous fifth-gen fighter jet Advanced Medium Combat Aircraft

Why in news?

The Cabinet Committee on Security (CCS) has cleared a Rs 15,000 crore project to design and develop the Advanced Medium Combat Aircraft (AMCA), India’s fifth-generation multirole fighter jet.

What’s in today’s article?

Cabinet Committee on Security (CCS)
Fifth-generation fighter jets
Advanced Medium Combat Aircraft (AMCA)

Cabinet Committee on Security (CCS)

About
- CCS is a cabinet committee of the GoI that acts as the apex body when it comes to the appointments of the officials in the national security bodies.
- It also makes all the important decisions on defence policy and expenditure and, generally, all matters of India’s security.
- The Committee is chaired by the Prime Minister of India.
Other Members
- Union Minister of Defence
- Union Minister of Home Affairs
- Union Minister of Finance and Corporate Affairs
- Union Minister of External Affairs
Functions
- It deals with all the issues related to the defence, national security of India and law & order of our country.
- It discusses different initiatives to enhance the national security of India.
- It also deals with policy matters of foreign affairs which may have a bearing on internal or external security implications, including cases relating to agreements with other countries on security-related issues.

Fifth-generation fighter jets

These are designed to carry out a range of missions, such as air-to-air combat and ground attack.
They have plain surfaces, specially shaped exhaust nozzles, and engines located in the plane’s body to hide heat signatures.
They also have special radars to detect the aircraft’s own radar emissions.
Only a few countries have built a fifth-generation stealth fighter aircraft.
The list of the aircraft currently in service includes the F-22 Raptor and F-35A Lightning II of the US, the Chinese J-20 Mighty Dragon, and the Russian Sukhoi Su-57.

Advanced Medium Combat Aircraft (AMCA)

About
- AMCA is India’s fifth-generation fighter multirole fighter jet.
  - This aircraft will be bigger than other fighters in the Indian Air Force inventory.
- The aircraft will put India in a select group of nations that have their own fifth-generation fighter aircraft.
Organisations involved
- The Aeronautical Development Agency (ADA) under the DRDO will be the nodal agency for executing the programme and designing the aircraft.
- It will be manufactured by state-owned Hindustan Aeronautics Limited (HAL).
Features
- Stealth: The 25-tonne twin-engine aircraft will have advanced stealth features to avoid detection by enemy radar.
- Fuel & Weapons: The aircraft will have a large, concealed internal fuel tank of 6.5-tonne capacity, and an internal weapons bay for a range of weapons, including indigenous weapons, to be buried in its belly.
- Engine: The AMCA Mk1 variant will have the US-built GE414 engine of the 90 kilonewton (kN) class.
  - The more advanced AMCA Mk2 will fly on the more powerful 110kN engine.
  - This will be developed indigenously by DRDO’s Gas Turbine Research Establishment (GTRE) in collaboration with a foreign defence major.

Significance of Advanced Medium Combat Aircraft (AMCA)

AMCA will be India’s indigenous fifth-generation fighter aircraft
- The indigenous Light Combat Aircraft (LCA) Tejas is a 4.5-generation single-engine multirole aircraft.
Advance stealth feature
- What will set this aircraft apart from the existing fourth-generation is primarily its stealth features. The aircraft will have a low electro-magnetic signature, which will make it difficult for enemy radar to detected it.
Higher utilisation time and smaller serviceability or maintenance periods
- This will be aided by the inclusion of a comprehensive Integrated Vehicle Health Management (IVHM) system to keep track of multiple structural components, and to assess the condition of the aircraft in real-time.
IAF’s dwindling numbers
- IAF currently has around 30 fighter squadrons against the sanctioned strength of 42.
- This number is expected to go down further as squadrons of MiG-21s, MiG-29s, Jaguars, and Mirage 2000s are scheduled to be phased out by the middle of the next decade.
- IAF has indicated that it requires seven squadrons of the AMCA to begin with.

Arun Goel quits as Election Commissioner ahead of polls

Why in news?

Days ahead of the announcement of the schedule for the upcoming Lok Sabha election, Election Commissioner Arun Goel resigned.
With Goel’s resignation, the EC, which is a three-member body, is left with only Chief Election Commissioner Rajiv Kumar.
- There was already a vacancy in the EC after Election Commissioner Anup Chandra Pandey retired last month.
The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 will be used to fill the current vacancies in the Election Commission according to its provisions.
- The government had introduced a new law in December 2023.

Controversy surrounding the appointment of Arun Goel as Election Commissioner

After 37 years in the IAS, Goel took voluntary retirement on November 18, 2022, a month before he was set to retire.
The very next day, November 19, the President appointed him as Election Commissioner, filling the post that had been vacant since May 15, 2022.
Goel’s appointment came at a time when the SC was hearing petitions on the procedure for appointing Chief Election Commissioner and Election Commissioners.
The Association for Democratic Reforms (ADR) moved the court in April 2023 against Goel’s appointment.
It said that the appointment was arbitrary and he seemed to have remarkable foresight to seek voluntary retirement ahead of his appointment as EC.

What’s in today’s article?

Election Commissioner
The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023

Election Commissioner

About
- Election Commission is a permanent and independent body.
- By Article 324 of the Constitution of India, it is vested with the power of conducting elections to – Parliament; State Legislatures; Office of President and Vice-President of India.
Appointment and Tenure of Commissioners
- The Constitution does not lay down a specific legislative process for the appointment of the Chief Election Commissioner and Election Commissioners.
  - Article 324(2) says appointment of CEC and other ECs shall be subject to provisions of any law made by the Parliament.
  - Until recently, there was no such law.
  - The President used to make the appointment on the advice of the Union Council of Ministers headed by the Prime Minister.
- Now, the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 guides the appointment of election commissioners.
Tenure
- They have tenure of six years, or up to the age of 65 years, whichever is earlier.
- The CEC can be removed from office except in same manner and on the same grounds as a judge of the Supreme Court.
- The Constitution has not debarred the retiring Election Commissioners from any further appointment by the Government.

Key highlights of The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023

Removed CJI from the panel
- The act seeks to replace the Chief Justice of India with a Cabinet Minister nominated by the Prime Minister in the committee for selection of the CECs and ECs.
- It also makes the Leader of Opposition in Lok Sabha a member of the selection committee.
Criteria
- It says the ECI will consist of a CEC and other ECs from among people:
  - who hold or have held the post equivalent to Secretary to the Government of India; and
  - shall be persons of integrity, who have knowledge of and experience in management and conduct of elections.
Process
- First, a Search Committee, headed by the law minister, would propose a panel of names to the selection committee.
- The Selection committee will be chaired by the PM and will include the Leader of Opposition or leader of the single largest Opposition party in Lok Sabha and a Cabinet Minister nominated by the Prime Minister.
- The Selection Committee may consider any other person apart from those included in the Search Committee’s panel.
Terms & tenure
- The terms of the CEC and ECs remain unchanged, at six years or until they reach the age of 65 years, whichever is earlier.
- The salary and conditions of service of the CEC and ECs will be equivalent to that of a SC Judge.
Repeals the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991
- Removal of three top functionaries of the EC
  - While CEC’s removal shall be in the same manner and on like grounds as an SC judge, the election commissioners can only be removed from office on the recommendation of CEC.
Protection to serving as well as former CECs and election commissioners from civil or criminal proceedings
- The government has inserted a new provision to protect current and former Chief Election Commissioners (CECs) and election commissioners.
- This provision shields them from being taken to court for any civil or criminal charges related to their official duties.

Right to Abortion in France

Why in the News?

In a global first, France inscribed the guaranteed right to abortion in its constitution on March 8, on International Women’s Day.

What’s in Today’s Article?

Background (About the Law, Laws in Other European Countries, etc.)
Abortion Law in India (Details, Latest Amendment, Provisions, etc.)

Background:

In January 2024, France’s Parliament had passed an amendment to provide constitutional validity to right to abortion.
Abortion, although legal in France since 1975, has now been a “guaranteed freedom” for women.
Although rare, amending the constitution is not without precedent in France.
The French constitution has been modified nearly 25 times since it was adopted in 1958.
The last instance was in 2008 when Parliament was awarded more powers and presidential tenure was limited to a maximum of two consecutive five-year terms in office.

About the Amendment:

The Bill, introduced last year, stipulates that “the law determines the conditions by which is exercised the freedom of women to voluntarily terminate a pregnancy, which is guaranteed.”
This means that future governments will not be able to drastically modify existing laws which permit termination up to 14 weeks.
France is the only country to currently have such a specification about abortion.

What About Other European Countries?

Abortion is currently accessible in more than 40 European nations, but some countries are seeing increased efforts to limit access to the procedure.
In September 2022, Hungary’s far-right government made it obligatory for women to listen to the pulse of the foetus, sometimes called the “foetal heartbeat,” before they can access a safe abortion.
Poland, which has some of the most stringent abortion laws in Europe, allows termination only in the event of rape, incest or a threat to the mother’s health or life.
The U.K. permits abortion up to 24 weeks of pregnancy if it is approved by two doctors.

Abortion Laws in India:

The law on abortion in India is primarily governed by Sections 312-316 of the Indian Penal Code and the provisions of the Medical Termination of Pregnancy Act, 1971.
The MTP Act 1971, by laying down certain permissible grounds under which a woman can undertake medical termination of pregnancy, creates an exception to the general law against abortion.

Medical Termination of Pregnancy (Amendment) Act, 2021:

In March 2021, the Parliament passed the Medical Termination of Pregnancy (Amendment) Act, 2021 to amend the MTP Act, 1971.
The MTP (Amendment) Act, 2021 has expanded the access to safe and legal abortion services on therapeutic, eugenic, humanitarian and social grounds to ensure universal access to comprehensive care.
The MTP (Amendment) Act, 2021 came into force in September, 2021.

Major Provisions of the MTP (Amendment) Act, 2021:

Increase in Gestation Periods:
- The Amendment Act increases the maximum gestational limit for pregnancies that may be aborted on the advice of one ‘registered medical practitioner’ from 12 weeks to 20 weeks.
- For pregnancies that may be aborted on the advice of two medical practitioners, the limit has been raised to 24 weeks.
- Earlier, if the length of the pregnancy was over 20 weeks and a woman wished to undergo a termination, she would have to file a writ petition before the High Court concerned or the Supreme Court.
Recognition of Pregnancies outside of Traditional Marriages:
- The Amendment reflects the change in definition from “pregnant married woman” to “pregnant woman” and from “her husband” to “her partner”.
Termination due to Failure of Contraceptive Method/Device:
- Another laudable amendment is the inclusion of unwanted pregnancies due to the failure of contraceptives as a ground for abortion.
- Under the original MTP Act, abortions could take place only by proving that there was grave risk to the pregnant woman or grave risk of serious physical or mental abnormality.
Setting up of Medical Boards:
- All state and union territory governments will constitute a Medical Board.
- The Board will decide if a pregnancy may be terminated after 24 weeks due to substantial foetal abnormalities.
- Earlier, medical boards are created by various High Courts and Supreme Court after entertaining writs filed by women and were not in any way statutorily mandated.
Privacy:
- A registered medical practitioner may only reveal the details of a woman whose pregnancy has been terminated to a person authorised by law.

Editorials & Articles – 11 March 2024

ByULF TEAM

By ULF TEAM

Related Post

Editorials & Articles : 5 June 2024

Editorials & Articles : 3 June 2024

Editorials & Articles : 1 June 2024

Leave a Reply Cancel reply

You missed

Biosphere Reserves in India

Governors of State : Updated List (June 2024)

Cabinet Ministers of India 2024 : Modi 3.0

Awards and Honours 2024

Sorting by

Editorials & Articles – 11 March 2024

ByULF TEAM

By ULF TEAM

Related Post

Editorials & Articles : 5 June 2024

Editorials & Articles : 3 June 2024

Editorials & Articles : 1 June 2024

Leave a Reply Cancel reply

You missed

Biosphere Reserves in India

Governors of State : Updated List (June 2024)

Cabinet Ministers of India 2024 : Modi 3.0

Awards and Honours 2024