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Daily Editorial Analysis

Editorials & Articles – 15 March 2024

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Mar 15, 2024 #Articles, #Editorial Analysis
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Editorials & Articles – 15 March 2024

In issuing AI advisory, MEITY becomes a deity

Topic: GS2 – Governance – Government policies – Issues arising out of their design & implementation This topic is crucial for UPSC aspirants as it addresses the legal ambiguity and policy challenges in India’s AI technology regulation.
Context
  • The article critiques MEITY’s regulatory overreach and ambiguous advisories, particularly its recent attempt to govern AI, highlighting the decline in administrative standards and the shift towards digital authoritarianism in India.

 Background on MEITY and Its Regulatory Attempts:

  • Formerly known as DEITY, the Ministry of Electronics and Information Technology (MEITY) faced ridicule due to its overzealous attempts to regulate the internet.
  • MEITY has issued multiple advisories since March 2020, demanding vague censorship without clear legal authority, creating ambiguity around compliance.

Ambiguous Legal Basis of Advisories:

  • MEITY’s advisories lack a clear legal basis under the Information Technology Act, 2000 (IT Act), leading to confusion regarding their enforceability.
  • Despite being titled as “advisories,” they imply compliance without clear penalties, creating a compliance charade rather than encouraging dialogue.

Escalation in Regulatory Actions:

  • Recent advisories on generative AI mark an escalation, triggered by viral incidents and media cycles, lacking sober assessment.
  • MEITY’s transparency is opportunistic, withholding full advisory texts and relying on press releases and social media posts for communication.

Introduction of Illegal AI Governance Model:

  • The March 1, 2024 advisory introduces an illegal AI governance model, requiring licensing of AI models, without clear definitions or legal basis.
  • Official information is selectively distributed, with Minister Chandrasekhar’s press interviews and social media feeds serving as primary sources.

Undefined Terms and Ministerial Responses:

  • Terms such as “bias prevention” and “Indian internet” lack definitions, contributing to uncertainty and confusion.
  • Minister Chandrasekhar’s responses on social media further compound uncertainty, with undefined terms and abrupt exemptions for startups.

Decline in Administrative Standards:

  • MEITY’s reliance on advisories without amending IT Rules and modifying them through social media posts reflects a decline in administrative standards.
  • Technology policy is influenced by short-term ministerial visibility and social media metrics rather than deliberative processes and stakeholder consultations.

Shift in Policy Environment:

  • The current environment favours administrative arrogance over deliberation, with policy decisions influenced by press coverage and social media reactions.
  • Expert and technical commentary is self-censored, signalling a shift towards digital authoritarianism and reduced tolerance for criticism.

Conclusion:

  • Despite criticism and ridicule, MEITY’s regulatory attempts persist, creating a sense of helplessness among stakeholders.
  • The current regulatory landscape resembles a deity demanding obedience rather than a competent governing body, highlighting the need for reform and accountability.
Artificial Intelligence regulation
Need for Regulation:

  • Ethical concerns: AI systems raise ethical dilemmas regarding privacy, bias, and accountability, necessitating clear guidelines.
  • Safety and security: Regulation is necessary to ensure AI systems are safe, secure, and not susceptible to malicious use.
  • Economic impact: Regulation can foster innovation by providing a framework for responsible AI development and deployment.
  • Public trust: Regulation can build public trust by addressing concerns about AI’s potential negative impacts on society.

Challenges:

  • Rapid advancement: AI technology evolves quickly, making it challenging for regulations to keep pace with developments.
  • Complexity: AI systems can be complex and opaque, making it difficult to assess their behaviour and potential risks.
  • International cooperation: AI regulation requires international cooperation due to the global nature of AI development and deployment.
  • Balancing innovation and regulation: Striking a balance between fostering innovation and protecting against potential harms is a challenge.

Way Forward:

  • Risk-based approach: Implement regulations that are proportional to the risks posed by AI systems.
  • Multi-stakeholder engagement: Involve various stakeholders, including industry, academia, government, and civil society, in the development of AI regulations.
  • Ethical frameworks: Develop ethical guidelines to ensure AI systems are developed and used in a manner consistent with societal values.
  • Continuous monitoring and adaptation: Regularly review and update regulations to keep pace with advancements in AI technology and address emerging challenges.
  • International standards: Work towards establishing international standards and norms for AI regulation to facilitate cooperation and consistency across borders.

Has poverty really dropped to 5% in India?

Topic: GS2 – Social Justice – Issues relating to poverty and hunger The topic is crucial for UPSC as it addresses poverty measurement complexities, data reliability, and socioeconomic disparities in India.
Context
  • The article discusses debates over poverty measurement in India, including critiques of the poverty line, data reliability, consumption patterns, and nutritional considerations.

 Defining Poverty Line and Its Relevance:

  • Poverty line in India is determined based on consumption expenditure, with the Tendulkar poverty line being commonly referenced.
  • According to one viewpoint, the poverty level has reduced significantly over the years, suggesting a need to reconsider the poverty line.

Critiques on Poverty Line and Data Quality:

  • Critics highlight the inadequacy of the current poverty line, emphasizing its conceptual flaws.
  • There is no officially declared income poverty line by the government, leading to ambiguity.
  • Questions are raised regarding the reliability of government data, citing instances of data suppression and politicization.

Discrepancy between Consumption and Income Growth:

  • Claims of increased consumption expenditure are defended, stating that it has risen significantly in real terms over the past decade.
  • However, counter arguments point out minimal real wage growth and increased unpaid labour participation, particularly among women.

Distributional Issues and Consumption Patterns:

  • Concerns are raised about skewed consumption growth favouring certain segments of the population, with stagnant demand for mass consumption goods.
  • GDP growth driven by capital expenditure hasn’t translated into increased private investment due to stagnant mass consumption demand.

Data Reliability and Politicization:

  • Concerns are raised about the quality of data, particularly questioning the accuracy of certain labour force participation rates.
  • Assertions are made regarding the politicisation of data in India, citing instances of data suppression and manipulation.

Nutritional Considerations and Poverty Assessment:

  • The importance of nutrition in poverty assessment is underscored, citing a UN report stating that a majority of the population cannot afford a minimum nutritious diet.
  • Arguments suggest a shift towards more sophisticated indicators beyond simple consumption measures.

Conclusion:

  • Ongoing debates surrounding poverty measurement in India highlight the complexity of the issue.
  • Challenges include the adequacy of the poverty line, data reliability, and distributional concerns.
  • Addressing these challenges requires transparent and unbiased data collection methods, as well as a nuanced understanding of consumption patterns and nutritional considerations in poverty assessment.
Lack of Reliability of Government Data
Impact:

  • Misinformed policies: Decisions based on unreliable data may lead to ineffective or counterproductive policies.
  • Public mistrust: Inaccurate information erodes public trust in government institutions and undermines their legitimacy.
  • Economic repercussions: Businesses rely on accurate data for planning and investment decisions; unreliable data can lead to economic instability.
  • Social inequality: Flawed data can exacerbate existing social inequalities by misrepresenting the needs of marginalised communities.

Way Forward:

  • Transparency: Governments should be transparent about their data collection methods and sources to increase accountability.
  • Quality assurance: Implement rigorous quality assurance measures to ensure data accuracy and reliability.
  • Independent audits: Conduct regular audits by independent agencies to verify the accuracy of government data.
  • Capacity building: Invest in training and resources for data collection, analysis, and management within government agencies.
  • Collaboration: Foster partnerships with academic institutions, NGOs, and private sector entities to improve data collection and analysis.
  • Public engagement: Involve citizens in the data collection process through crowdsourcing or citizen science initiatives to enhance data accuracy and relevance.
  • Technology adoption: Embrace advanced technologies like AI and machine learning for data validation and analysis to improve reliability.
  • Legal framework: Establish clear legal frameworks for data collection, storage, and dissemination to protect privacy rights and ensure data integrity.

No going back to square one

Topic: GS2 – Governance – Important aspects of governance: Transparency and accountability. This topic is relevant for both Prelims and Mains in the context of understanding the implications of the Supreme Court’s ruling on electoral bonds and its impact on political financing.
Context:
  • The Supreme Court’s recent decision declaring the electoral bonds scheme unconstitutional and directing the State Bank of India (SBI) to release data to the Election Commission of India has sparked anticipation nationwide.
  • The revelation of potential skeletons in the closets of corporate donors and recipients and the examination of possible connections between donations and government favors are eagerly awaited.
  • This analysis delves into the implications of the court’s ruling, the challenges ahead, and proposed solutions for transparent political financing.

Challenges with Donor-Recipient Matching:

  • Despite the SBI’s declaration of figures, there remains uncertainty regarding matching donors and recipients.
  • The SBI’s request for an extension to June to complete this task, not mandated by the court, underscores the importance of this information.
  • The eventual release of this data could shed light on potential quid pro quos between corporations and the government, crucial for transparency and accountability.

Significance of Political Financing:

  • The issue of political financing strikes at the heart of democratic integrity, as emphasized by late Finance Minister Arun Jaitley.
  • Transparent funding is imperative for free and fair elections, ensuring the credibility of the democratic process.
  • While the Supreme Court’s intervention is commendable, it highlights the need for sustained efforts to address the fundamental issue of transparent political financing.

Assessment of Post-Ruling Scenario:

  • Contrary to a complete return to square one, the judgment has nullified the unconstitutional law and associated amendments.
  • While pre-2018 political funding was predominantly opaque, the introduction of electoral bonds exacerbated secrecy surrounding donations and recipients, raising concerns about potential corruption.

Proposed Solutions for Transparency:

  • Various mechanisms have been suggested to enhance transparency in political financing.
  • Ideas include partial public funding of political parties, contingent upon internal democracy, and state funding based on electoral performance rather than direct election expenses.
  • A proposed National Election Fund financed by private entities could mitigate corporate concerns while ensuring transparency.

Comparison with Global Practices:

  • Global practices offer insights into potential solutions. Many countries provide state funding to political parties based on electoral performance, emphasizing the feasibility of such a system in India.
  • Operational details, including funding for new parties and independents, warrant discussion but shouldn’t hinder exploration of this approach.

Conclusion:

  • While the fallout from the electoral bonds scheme unfolds, the focus must shift towards charting a path forward.
  • The debate should center on implementing transparent mechanisms for political financing, crucial for upholding democratic principles and restoring public trust.
What are the Recommendations on Funding of Political Parties?
Indrajit Gupta Committee on State Funding of Elections, 1998:

  • Endorsed state funding of elections to establish a fair playing field for parties with less financial resources.

Recommended limitations:

  • State funds to be allocated only to national and state parties with allotted symbols, not independent candidates.
  • Initially, state funding should be provided in kind, offering certain facilities to recognised political parties and their candidates.
  • Acknowledged economic constraints, advocating partial rather than full state funding.

Election Commission’s Recommendations:

  • The 2004 report of the Election Commission emphasised the necessity for political parties to publish their accounts annually, allowing scrutiny by the general public and concerned entities.
  • Audited accounts, ensuring accuracy, should be made public, with auditing performed by Comptroller and Auditor General-approved firms.

Law Commission, 1999:

  • Described total state funding of elections as “desirable” under the condition that political parties are prohibited from receiving funds from other sources.
  • The Law Commission’s 1999 report proposed amending the RPA, 1951, introducing section 78A for maintenance, audit, and publication of political party accounts, with penalties for non-compliance.

 NO LAST WORD

Topic: GS2 – Governance – Government policies – Issues arising out of their design & implementation. This topic is relevant for both Prelims and Mains in the context of knowing facts about simultaneous elections which touches upon crucial aspects of governance, federalism, and the functioning of India’s political system.
Context:
  • The High-Level Committee on Simultaneous Elections, chaired by former President Ram Nath Kovind, has recommended holding polls for various levels of governance concurrently.
  • This recommendation, unsurprising given the refusal of Congress leader Adhir Ranjan Chowdhury to participate, raises questions about the impartiality and depth of deliberations within the committee.

Evaluation of Committee’s Process:

  • Despite claiming to consider inputs from various stakeholders, including political parties, legal experts, and former election commissioners, the committee’s report appears to lack in-depth research and genuine participatory processes.
  • While asserting careful consideration of constitutional and legal objections, the report’s substance, tone, and focus indicate a bias towards endorsing the government’s proposal rather than engaging with diverse perspectives.

Concerns Raised by the Committee’s Report:

  • The committee’s emphasis on the purported inefficiencies of separate elections and the alleged benefits of simultaneous polls reflects a narrow understanding of the complexities involved.
  • The report fails to adequately address concerns regarding the imposition of an artificial unitary character on India’s federal system and the potential dilution of regional issues and governance efficacy.

Critique of Opposition and Dissenting Views:

  • Despite acknowledging opposition from political parties and dissenting voices like Tamil Nadu Election Commissioner V. Palanikumar and former Chief Justices Sanjib Banerjee and A.P. Shah, the report dismisses their concerns as “misplaced.”
  • This dismissive approach overlooks substantive arguments against simultaneous elections, such as the threat to political accountability and the marginalization of regional parties.

Impact on Political Diversity:

  • The proposed shift towards simultaneous elections risks homogenizing India’s diverse political landscape, undermining the significance of regional issues and parties.
  • The emergence of regional parties over the years has reshaped Indian politics, and imposing simultaneous elections could sideline their voices and concerns.

Conclusion:

  • While the committee’s report advocates for simultaneous elections, it fails to address significant concerns and criticisms raised by various stakeholders.
  • The complex nature of India’s political system necessitates a more nuanced and inclusive approach to electoral reforms.
  • Moving forward, it is imperative to heed dissenting voices and engage in respectful dialogue to ensure that any proposed changes to the electoral process reflect the diverse interests and realities of Indian democracy.
What are the Various Benefits of Simultaneous Elections or ONOE?
Reducing Governance Distractions:

  • Holding frequent elections diverts the entire country’s attention, from top leaders to local representatives, causing a virtual paralysis of administration at various levels.
  • This preoccupation negatively impacts India’s growth prospects and hinders effective governance.

Model Code of Conduct’s Impact:

  • The Model Code of Conduct (MCC) imposed during elections delays key policy decisions both at the national and local levels.
  • Even ongoing projects face setbacks as election duties take precedence, leading to a slowdown in routine administration.

Addressing Political Corruption:

  • Frequent elections contribute to political corruption as significant funds need to be raised for each election.
  • Simultaneous elections can substantially reduce election expenses for political parties, eliminating the need for repetitive fundraising.
  • It also lessens the pressure on the public and business community for multiple election donations.

Cost Savings and Electoral Infrastructure:

  • When the first elections to the Lok Sabha took place in 1951-52, 53 parties contested the elections, around 1874 candidates participated and poll expenses were Rs. 11 crore.
  • In the 2019 elections, there were 610 political parties and around 9,000 candidates; poll expenses of around Rs. 60,000 crores, as per Association of Democratic Reforms (ADR), are yet to be declared by the political parties.
  • While initial infrastructure investments are required, using the same electoral rolls for all elections can save considerable time and money in updating and maintaining voter lists.

Citizen Convenience:

  • Simultaneous elections alleviate concerns for citizens regarding missing names from electoral rolls.
  • Using consistent electoral rolls for all elections streamlines the process, providing citizens with a more straightforward and reliable voting experience.

Optimizing Law Enforcement Resources:

  • Massive redeployment of police and paramilitary forces during elections incurs significant costs and diverts key law enforcement personnel from critical functions.
  • Simultaneous elections can curtail these deployments, optimizing resources and enhancing law enforcement efficiency.

Curbing Horse-Trading:

  • Fixed-interval elections have the potential to reduce horse-trading by elected representatives.
  • Holding elections at specific periods makes it more challenging for representatives to switch parties or form alliances for personal gains, complementing existing anti-defection laws.

Financial Stability for State Governments:

  • Frequent elections lead to state governments announcing freebies to woo the electorate, often straining their finances.
  • Simultaneous elections could mitigate this issue, reducing the financial burden on state governments and contributing to greater financial stability.
One Nation, One Election

Why in news?

  • The High-level Committee (HLC) on One Nation, One Election submitted its report to President Droupadi Murmu. The report said that simultaneous elections would lead to a fundamental transformation in the electoral process and overall governance.
  • The HLC, popularly known as the Kovind panel after its chairman, former President Ram Nath Kovind, was constituted in September 2023.

What’s in today’s article?

  • Simultaneous elections in India: Meaning
  • History of Elections in India
  • Key recommendations of the HLC

Simultaneous elections in India: Meaning

  • The concept of “One Nation, One Election” envisions a system in which all state and Lok Sabha elections must be held simultaneously.
  • This will entail restructuring the Indian election cycle so that elections to the states and the centre coincide.
  • This would imply that voters will vote for members of the LS and state assemblies on the same day and at the same time (or in a phased manner as the case may be).

History of Elections in India

  • Era of simultaneous elections
    • The first general elections of free India held simultaneously to the Lok Sabha and the Legislative Assemblies of the States in 1951.
    • The next three cycles of elections also witnessed concurrent Lok Sabha and Legislative Assembly elections barring a few stray cases like:
      • Kerala where a mid-term election was held in 1960 on the pre-mature dissolution of the Assembly, and
      • In Nagaland and Pondicherry where the Assembly was created only after the 1962 general elections.
    • The last occasion when we had near-simultaneous elections was in 1967.
  • Beginning of the end of simultaneous elections
    • The fourth Lok Sabha constituted in 1967 was dissolved prematurely in 1971. This was the beginning of the end of simultaneous elections.
    • Extension of the term of Lok Sabha during the National Emergency declared in 1975 and the dissolution of Assemblies of some States after the 1977 Lok Sabha election further disturbed the cycle of concurrent elections.
  • Current status
    • In 2019, only 4 States had their assembly elections, along with the Lok Sabha.
    • We now have at least two rounds of Assembly general elections every year.

Key recommendations of the HLC

  • Simultaneous election by 2029
    • The panel recommended amending the Constitution so elections for the Lok Sabha, all state assemblies and local bodies can be held by 2029.
  • Amending the Constitution (two steps)
    • In all, 18 amendments to the Constitution and other statutes have been suggested.
    • In the first step, simultaneous elections will be held to Lok Sabha and State Assemblies.
    • To achieve synchronisation at the first step, the government should take a one-time step where they pick a specific date after a Lok Sabha election.
    • After this date, the terms of all state assemblies that have elections will end along with Parliament’s term.
      • To effect these changes, the panel has recommended amendments to Article 83 (duration of Houses of Parliament) and Article 172 (duration of State legislatures) of the Constitution.
      • For this, no ratification by the states will be required for the constitutional amendment.
    • In the second step, elections to municipalities and the panchayats will be synchronised with elections to Lok Sabha and state Assemblies.
      • This will be done in such a way that local body elections are held within 100 days of the elections to Lok Sabha and state Assemblies.
      • This will require ratification by not less than one-half of the states.
  • Insertion of Article 324A
    • The committee recommended an Article 324A, which states that Parliament may make a law to ensure that elections to municipalities and panchayats be held together with General Elections.
  • Single electoral roll and election ID
    • To make single electoral roll and electoral photo identity cards for use in elections to all the three tiers of government, the committee recommended that Article 325 of the Constitution be amended.
    • Then only, Election Commission of India can prepare a single electoral roll and election ID in consultation with the State Election Commissions.
    • These amendments will require ratification by not less than one-half of the states.
  • In case of hung house
    • In the event of a hung House, a no-confidence motion, or any such event, fresh elections should be held to constitute the new Lok Sabha or state Assembly for the unexpired term of the House.
  • Meeting logistics requirement
    • The committee suggests that the Election Commission of India should plan ahead with State Election Commissions for things like manpower, polling staff, security forces, and voting machines to ensure fair elections across all levels of government at the same time.
  • Rejected the Germany model of bringing no-confidence motion against a government
    • The committee rejected the concept of constructive vote of no-confidence, which is the model in Germany.
      • In this model, to bring a no-confidence motion against a government, a positive vote of confidence in an alternate leader or government is required.
    • The committee said that the prevailing Parliamentary practice in this regard is appropriate and does not require any change.
    • Making a motion of no confidence by the Members of Parliament is not only their right, but also their responsibility. The Committee would not like to dilute this feature of the Indian Parliamentary system.
India ranks 134th in global human development index

Why in news?

  • India’s ranking on the United Nations Human Development Index (HDI) improved by one position in 2022 to 134 out of 193 countries ranked compared to 135 out of 191 countries in 2021.Switzerland has been ranked number one.

What’s in today’s article?

  • Human Development Index (HDI)
  • Key highlights of the Human Development Report (HDR)2023/24
  • Observations made by the HDR 2023/24
  • Four areas for immediate action proposed by the report

The Human Development Index (HDI)

  • About
    • It is a statistical composite (first published in 1990 by the UNDP) index, which measures average achievement of a country in 3 basic dimensions –
  • Background
    • It was developed by Pakistani economist Mahbub ul Haq and is now used to assess a country’s development as part of the United Nations Development Programme’s Human Development Report.
    • Along with HDI, HDR also presents:
      • Multidimensional Poverty Index (MPI),
      • Inequality-adjusted Human Development Index (IHDI),
      • Gender Inequality Index(GII) since 2010 and
      • Gender Development Index (GDI) since 2014.
    • Th HDI also embodies Amartya Sen’s “capabilities” approach to understand human well-being, which emphasizes the importance of ends (like a decent standard of living) over means (like income per capita).

Key Highlights of the HDR 2023/24 – India specific

  • Theme of the report
    • Recently released 2023/24 Human Development Report (HDR) was titled as “Breaking the Gridlock: Reimagining Cooperation in a Polarized World.”
  • India’s ranking
    • India ranked 135 in 2021. It had moved up to 134 in 2022.
  • India in the medium human development category
    • Between 1990 and 2022, the country saw its HDI value increase by 48.4 percent, from 0.434 in 1990 to 644 in 2022.
  • India’s performance on various indicators
    • India’s life expectancy at birth has slightly improved from 67.2 years in 2021 to 67.7 years in 2022.
    • There is an overall increase (5.88%) in expected years of schooling (EYS) from 11.9 years to 12.6 years, leading to an improvement of 18 places.
    • Gross National Income (GNI) per capita also improved from $6,542 to $6,951.
  • Performance of India’s neighbourhood
    • Sri Lanka has been ranked much ahead at 78, while China is ranked 75, both categorised under the High Human Development category.
    • Bhutan stands at 125 and Bangladesh at 129th position.
    • Nepal (146) and Pakistan (164) have been ranked lower than India.
  • India’s progress in reducing gender inequality
    • India has also shown progress in reducing gender inequality and ranks 108 out of 166 countries in the Gender Inequality Index (GII) 2022.
    • The GII measures gender inequalities in three key dimensions – reproductive health, empowerment, and labour market.
    • The country’s GII value of 0.437 is better than the global average of 0.462 and the South Asian average of 0.478.
      • India’s performance in reproductive health is better than other countries in the medium human development group or South Asia.
      • India’s adolescent birth rate in 2022 was 16.3 (births per 1,000 women ages 15-19), an improvement from 17.1 in 2021.
      • However, India also has one of the largest gender gaps in the labour force participation rate—a 47.8 percentage points difference between women (28.3%) and men (76.1%).

Observations made by the HDR 2023/24

  • The report shows that the two-decade trend of steadily reducing inequalities between wealthy and poor nations is now in reverse.
  • The failure of collective action to advance action on climate change, digitalisation or poverty and inequality not only hinders human development but also worsens polarisation and further erodes trust in people and institutions worldwide.
  • Nine in 10 people worldwide endorse democracy, but over half of the respondents expressed support for leaders who may undermine it, for instance, by bypassing fundamental rules of the democratic process.
  • Political polarisation in countries is also responsible for protectionist or inward-turning policy approaches.

Four areas for immediate action proposed by the report

  • To break through the current deadlock & reignite a commitment to a shared future:
    • planetary public goods for climate stability as we confront the unprecedented challenges of the Anthropocene;
    • digital global public goods for greater equity in harnessing new technologies for equitable human development;
    • new and expanded financial mechanisms, including a novel track in international cooperation that complements humanitarian assistance and traditional development aid to low-income countries; and
    • dialling down political polarization through new governance approaches focused on enhancing people’s voices in deliberation and tackling misinformation.
CAA’s Legal Issues & Status of Judicial Proceedings

Why in News?

  • Four years after the Parliament passed the Citizenship Amendment Act (CAA), 2019, the Ministry of Home Affairs (MHA) notified the rules to implement the law on March 11.

What’s in Today’s Article?

  • Background (About CAA, Provisions, etc.)
  • Constitutional Validity (w.r.t. Article 14, Judicial Status, Section 6A, etc.)

Background:

  • The Citizenship Amendment Act, 2019 fast-tracks citizenship to undocumented immigrants from six non-Muslim communities from the neighboring Muslim countries of Pakistan, Afghanistan and Bangladesh.
    • The six non-Muslim communities are Hindu, Sikh, Buddhist, Parsi, Christian and Jain.
  • As per the rules of the Act, the applicants must provide certain documents and specify date of entry in India to be eligible for citizenship. The cutoff date for entry is December 31, 2014.
  • Although the Act was passed on December 11, 2019, and received assent from the President on December 12 of the same year, it could not be implemented since the rules were not framed.
  • The Act is under challenge before the Supreme Court, with several petitioners moving fresh pleas seeking a stay on the implementation of the rules.

Violation of Article 14 of the Constitution:

  • Immediately after the passage of the Citizenship (Amendment) Bill, 2019, the Indian Union Muslim League (IUML) filed a petition in the Supreme Court challenging its constitutionality.
  • These petitions primarily challenge the law for violating Article 14 of the Constitution which guarantees all ‘persons’ (not only citizens) equality before the law and equal protection of law.
  • They also argue that making religion a qualifier for citizenship violates secularism, which is a basic feature of the Constitution.
  • The petitioners have contended that the special treatment given to the specific persecuted religious minorities from the three Muslim-majority neighboring countries does not constitute a reasonable classification under Article 14.
  • More so because groups like the Tamil Hindus in Sri Lanka, the Rohingyas in Myanmar and minority Muslim sects like the Hazaras in Afghanistan also face persecution but have been denied similar protection under this law.
  • The CAA has also been dubbed as a move to subvert the Assam Accord of 1985 that deems any person who cannot prove his ancestry beyond March 24, 1971, an alien and does not differentiate on grounds of religion.
  • The petitions, especially one by the All-Assam Students’ Union, contend that the law will further multiply the uncontrolled influx of illegal migrants from Bangladesh to Assam.

Central Government’s Response:

  • The Centre in its affidavit before the Supreme Court said that it seeks to provide amnesty to specific communities from specified countries with a clear cut-off date.
  • It highlighted that the law does not in any manner affect the legal, democratic or secular rights of any Indian citizen.
  • The affidavit further stated that the narrowly tailored legislation was passed to tackle a specific problem, i.e., the persecution on the ground of religion in the light of the undisputable theocratic constitutional position in these specified countries.
  • It added that in matters of foreign policy, citizenship, and economic policy among others, a wide latitude is available to the Parliament.

Judicial Status of the CAA:

  • On December 18, 2019, a Bench comprising former Chief Justice of India (CJI) S.A. Bobde, Justices B.R. Gavai and Surya Kant refused to stay the operation of the law.
    • They instead suggested that the government publicise the actual intent of the Act so that there was no confusion among the public about its objectives and aims.
  • On October 6, 2022, a Bench comprising former CJI U.U. Lalit and Justices Ravindra Bhat and Hima Kohli passed an order stating that final hearings in the case would begin on December 6, 2022.
  • However, the case has not been listed since then.
  • As per the Supreme Court’s website, the petitions are currently listed before a Bench headed by Justice Pankaj Mithal.

Relation with Section 6A of the Citizenship Act:

  • The proceedings against the CAA are also dependent on the outcome of the challenge to Section 6A of the Citizenship Act, 1955.
    • The section was introduced in furtherance of a Memorandum of Settlement called the “Assam Accord” signed on August 15, 1985, between the Centre and the leaders of the Assam movement.
    • Section 6A determines who is a foreigner in Assam by establishing March 24, 1971, as the cut-off date for entry. Those entering the state after that would be considered “illegal immigrants”.
    • Those who came to the State on or after January 1, 1966, but before March 25, 1971, were to be declared as “foreigners” and would have all the rights and obligations of Indian citizens except for being included in electoral rolls for 10 years.
  • If March 24, 1971, is upheld as a valid cut-off date for entry into the State, then CAA can be held to be violative of the Assam Accord since it establishes a different timeline.
How did Indians End Up in the Russia-Ukraine War

Why in News?

  • The deaths of two Indian nationals in the ongoing Russia-Ukraine war illustrate the plight of dozens of Indians trapped on the front lines after being duped into working with the Russian military.
  • Also, recent CBI raids found a human trafficking network recruiting Indians as security helpers and other personnels for the Russian military, have sparked widespread concern.

What’s in Today’s Article?

  • What Happened with Indians in Russia?
  • How did the Agents Deceive People?
  • What has the Indian Government Said?

What Happened with Indians in Russia?

  • A series of reports brought attention to the situation that some Indian nationals, initially hired as army security helpers, were compelled to fight against their will after their passports and documents were seized.
  • According to a resident of Uttar Pradesh, he went to Russia with the help of an agent in November last year.
  • They were assured that they would not be sent to the battlefield and offered a monthly pay of ₹1.95 lakh with an additional ₹50,000 incentive.
  • However, they were sent to the frontline in January (2024) after some basic training in handling weapons.
  • An Indian-origin Russian official associated with the Russian Ministry of Defence told that approx. 100 Indians were recruited at the Moscow recruitment centre in the past year.
  • However, the actual number of Indians hired could be higher, since there are several recruitment centres across Russia.

How did the Agents Deceive People?

  • A multi-State human trafficking network busted by the CBI in a crackdown on visa recruiters in seven cities across India revealed how Indian youths were allegedly pushed into the war zone by consultancy firms.
  • The Indian youths were duped on the pretext of a better life and livelihood with the Russian military as security guards and helpers, as well as higher education.
  • As per the CBI, the “organised network” lured Indian youth through social media and local agents, offering them highly paid jobs and lucrative employment opportunities in Russia.
  • A number of students were reportedly tricked into enrolling in dubious private universities by agents promising low fees and visa extensions.
  • Once the aspirants reached Russia, the local agents seized their passports and forced them to join the armed forces.

What has the Indian Government Said?

  • The Ministry of External Affairs (MEA) has issued warnings (last month) to Indian citizens about the dangers of being recruited for support roles in the Russian army.
  • The Indian government is in talks with the Russian authorities about the early release of Indian citizens who were duped into working with the Russian military.
  • Noting the findings of the Central Bureau of Investigation (CBI) raids, the MEA appealed to Indian nationals not to be swayed by offers made by agents for support jobs with the Russian Army.

 

By ULF TEAM

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