Note4Students
From UPSC perspective, the following things are important :
Prelims level: Types of Majority Votes
Mains level: Not Much
Central Idea
- In a very rare event, the Parliament passed the women’s reservation bill with a near-unanimous 2/3rd Majority Votes.
- Rajya Sabha gave the green light in an absolute majority vote.
- In Lok Sabha, 454 members voted in favour of the bill that seeks to reserve one-third of seats to women in central and state legislatures.
Types of Majority in Indian Parliament
| |
Description |
Examples of Use |
| Absolute Majority |
More than 50% of the total membership of the house. |
Formation of government at the Center and States. |
| Effective Majority |
More than 50% of the effective strength of the house (total strength minus vacancies). |
Removal of Vice-president in RS, Speaker/Deputy Speaker removal. |
| Simple Majority |
More than 50% of the members present and voting. |
Passing Ordinary/Money/Financial bills, Confidence Motion, etc. |
| Special Majority |
All majorities other than absolute, effective, or simple majority. |
Constitutional amendment bills, National emergency approval, etc. |
Types of Special Majority in Parliament
|
| Article 249 |
2/3rd members present and voting. |
Empowering Parliament to make laws in the state list. |
| Article 368 |
2/3rd members present and voting + more than 50% of the total strength of the house. |
Constitutional amendment bills not affecting federalism. |
| Article 368 + State Ratification |
2/3rd members present and voting + more than 50% of state legislatures by a simple majority. |
Constitutional amendment bills affecting federalism. |
| Article 61 |
2/3rd members of the total strength of the house. |
Impeachment of the Indian President. |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Poona Pact
Mains level: Read the attached story
Central Idea
- Mahatma Gandhi used fasting as a potent tool to press for change during India’s struggle for independence.
- He employed it both as a form of personal penance and as a means to pressure the British authorities to meet his demands.
The Gandhi-Ambedkar Debate
- The 1932 Turning Point: In September 1932, within the walls of the Yerawada Central Jail in Pune, Gandhi initiated a hunger strike against the idea of separate electorates for the harijans (lower castes). This action brought him into a fierce debate with another prominent leader, B.R. Ambedkar.
- The Debate’s Legacy: The “Gandhi-Ambedkar debate” revolved around their differing views on caste and ultimately influenced the reservation system that India has today.
Gandhi’s Changing Views on Caste
- Early Beliefs: In his early years, Gandhi held orthodox views on caste, supporting prohibitions on inter-dining and inter-marriage. He considered caste a crucial part of Hinduism.
- Evolution of Beliefs: As Gandhi became a central figure in India’s freedom movement, his views evolved. Partially influenced by the emerging Dalit movement, he advocated unity and opposed untouchability, referring to untouchables as “harijans” or children of God.
- Important Quote: Gandhi wrote in 1936, “I do know that it [untouchability] is harmful both to spiritual and national good.”
Ambedkar’s Radical Views on Caste
- Ambedkar’s Perspective: B.R. Ambedkar’s stance was more radical than Gandhi’s. He believed that mere reform wouldn’t undo centuries of discrimination. He argued that change would only come when the oppressed themselves rejected their condition, including the divine authority of the shastras (holy scriptures) that upheld caste.
- Political Empowerment: Ambedkar emphasized that political power was essential for lower castes to address their grievances and proposed separate electorates as a form of affirmative action.
- Separate Electorates Explained: Ambedkar’s proposal involved separate electorates for lower castes, allowing them to vote for candidates from their own community as well as in the general electorate. He believed this would empower lower castes.
Gandhi’s Opposition to Separate Electorates
- Gandhi’s Perspective: Gandhi opposed separate electorates, arguing that they did too little for lower castes. He believed that lower castes should aspire to lead, not settle for a small share of seats.
- Concerns: Gandhi feared that separate electorates would divide Hindu society further and play into the hands of British colonial rulers who exploited internal divisions.
- Challenging Times: The rising tensions between Hindus and Muslims at the time also fueled Gandhi’s concerns. Separate electorates for lower castes alongside those for Muslims would weaken the unity of the Hindu community.
The Yerawada Fast and the Poona Pact
- Gandhi’s Hunger Strike: In September 1932, Gandhi embarked on a hunger strike in Yerawada Jail against separate electorates for castes. He called it a “God-given opportunity” to sacrifice his life for the downtrodden.
- Ambedkar’s Dilemma: Ambedkar faced a challenging decision. Giving in to Gandhi’s demands was difficult, as it conflicted with his own ideas. However, Gandhi’s immense popularity and the potential for violence against Dalits pressured him.
- The Poona Pact: Eventually, under duress, Ambedkar signed the Poona Pact, securing reservations for lower castes while putting the idea of separate electorates to rest.
Legacy of the Fast
- Mixed Perspectives: Gandhi’s fast is seen by some as preventing British “divide and rule” tactics. Others view it as coercion, as Ambedkar had little choice but to concede. Ambedkar questioned why Gandhi didn’t fast against untouchability itself.
- Unresolved Tensions: The debate’s legacy endures. While the Poona Pact addressed immediate concerns, it left lingering issues of political representation and social transformation within India’s caste system.
- Ambedkar’s View: Ambedkar later wrote, “The Joint Electorate is… a ‘Rotten Borough’ in which the Hindus get the right to nominate an untouchable to set nominally as a representative of the untouchables but really as a tool of the Hindus.”
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Neuralink
Mains level: Not Much
Central Idea
- Elon Musk’s brain implant company Neuralink has announced it is one step closer to putting brain implants in people.
Neuralink’s Vision
- Neuralink uses tiny brain implants to control neural signals for movement.
- These implants translate thoughts into actions via a wireless app.
Science behind Brain-Computer Interfaces (BCIs)
- They use a tiny chip implanted in the brain.
- This chip reads and sends brain signals to an app, turning thoughts into actions.
- It starts with helping paralyzed individuals control a computer cursor using their thoughts.
- Some BCIs use sensor-filled structures like hairnets to detect brain signals.
- They can stimulate different parts of the brain, which showed promise in treating conditions like depression.
India’s Role in Brain Tech
- C-DAC in India is developing BCIs to capture brain signals that show intentions.
- The All India Institute of Medical Sciences is testing this project.
- BrainSight AI, an Indian startup, maps brain connections to understand neurological conditions.
Indian Innovations and Their Impact
- Indian BCIs, like Neuralink’s, aim to help paralyzed patients move and communicate.
- They could also treat mental disorders like schizophrenia.
- Indian hospitals are testing these technologies.
Challenges Ahead
- Invasive BCIs, like Neuralink’s, face rules and need lots of data.
- Non-invasive BCIs are moving faster.
- Indian institutions are actively testing these technologies and mapping the brain.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Government Bond Index-Emerging Markets (GBI-EM)
Mains level: Not Much
Central Idea
- In a groundbreaking development, JPMorgan has announced the inclusion of Indian government bonds in its Government Bond Index-Emerging Markets (GBI-EM), slated to commence from June 2024.
- This decision could pave the way for substantial inflows of billions of dollars into local currency-denominated government debt.
What is Government Bond Index-Emerging Markets (GBI-EM)?
| Definition |
An index that tracks the performance of government bonds issued by emerging market countries.
It reflects the returns of local-currency-denominated sovereign bonds. |
| Purpose |
To provide a benchmark for measuring the performance of emerging market government bonds, helping investors assess the attractiveness of these bonds for investment. |
| Issuer |
J.P. Morgan |
| Components |
Includes government bonds issued by various emerging market countries.
The composition may change over time based on eligibility criteria. |
| Coverage |
Covers a broad range of emerging market countries and their local currency government bonds.
Different GBI-EM indices may have specific regional or maturity focuses. |
| Currency |
Denominated in the local currencies of the respective emerging market countries. |
India’s inclusion in GBI-EM
- Long-Awaited Discussion: India’s consideration for inclusion in global indexes began in 2013. However, limitations on foreign investments in domestic debt impeded progress.
- Fully Accessible Route (FAR): In April 2020, the Reserve Bank of India introduced select securities exempt from foreign investment restrictions through the “fully accessible route” (FAR), rendering them eligible for inclusion in global indexes.
- Index-Eligible Bonds: Currently, there are 23 Indian Government Bonds (IGBs) with a combined notional value of $330 billion that meet index eligibility criteria, according to JPMorgan.
- Investor Support: Approximately 73% of benchmarked investors voted in favor of India’s inclusion in the index, marking a significant endorsement.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Adi Shankaracharya
Mains level: NA
Central Idea
- A monumental 108-foot-tall statue of Hindu saint Adi Shankaracharya, known as ‘Ekatmata Ki Pratima’ (Statue of Oneness), was recently unveiled in Omkareshwar, Khandwa district, Madhya Pradesh.
- This project is part of the government’s efforts to develop Omkareshwar as a prominent religious and tourism destination.
Adi Shankaracharya: A Brief Overview
- Adi Shankaracharya was a prominent Indian philosopher and theologian, often referred to as Sankara (Jagatguru). He was a staunch advocate of ancient Hinduism.
- His birthplace Kaladi in Ernakulam, Kerala, is poised to be declared a national monument.
- He received guidance from his guru, Govinda Bhagavatpada, under whom he diligently studied texts like ‘Gaudapadiya Karika,’ ‘Brahmasutra,’ Vedas, and Upanishads.
- Shankara propagated the philosophies of ‘Advaita Vedanta’ and ‘Dashanami Sampradaya,’ earning him the title ‘Shankaracharya’ among his disciples.
His Philosophy: Advaita Vedanta
- Non-Dualism: Shankaracharya’s philosophy, known as ‘Advaita Vedanta,’ espouses non-dualism.
- Ultimate Reality: It asserts that the world exists due to the creative energy (Maya) of Brahman, the ultimate, transcendent, and immanent God of the later Vedas.
- Identity of Self: In Advaita Vedanta, the transcendental self of the universe (Atman) and the experiencing self (Jiva) are both identical in truth – both are Brahman. However, the individual self appears different, akin to space inside a container seeming distinct from space as a whole.
- Overcoming Error: Mistakes and ignorance lead to a plurality (Avidya), but understanding Brahman eliminates these errors, resulting in liberation from the cycle of reincarnation and worldly servitude.
Disciples of Adi Shankaracharya
Shankaracharya’s four closest disciples played pivotal roles in propagating his teachings:
- Padmapada: Known for his deep devotion and poetry.
- Totakacharya: Devoted to Shankaracharya’s mission and revered for his poetry “Totakashtakam.”
- Hasta Malaka: A child prodigy who astounded Shankaracharya with his understanding of Advaita philosophy.
- Sureshwara: Initially a householder, he became a disciple after losing a philosophical debate to Shankaracharya.
Contributions of Adi Shankaracharya
- Shankaracharya introduced the ‘Shanmata’ system, which emphasized worship of the five principal deities and restored the Dashanami structure.
- He composed numerous devotional and meditative hymns and authored key texts on Advaita Vedanta, including commentaries on major scriptures.
- Adi Shankaracharya revitalized Hinduism at a time when it faced challenges from Jainism and Buddhism, promoting unity and re-establishing traditions.
- He established four monastic institutions (Mathas) in different corners of India, unifying the nation and codifying leadership roles:
- Sri Sringeri Sharada Peetam in Chikmaglur in Karnataka
- Jyotir Matha in the Garhwal region in Uttarakhand
- Kalika Matha in Dwarka in Gujarat
- Govardhana Matha in Puri in Odisha
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Nepal at UN
Central Idea
- Nepal’s Prime Minister Pushpa Kamal Dahal, commonly known as ‘Prachanda’, addressed the UN General Assembly, highlighting that his nation is nearing the conclusion of its unique peace process.
- He emphasized the importance of completing the remaining transitional justice tasks and sought international goodwill and support.
Why discuss this?
- Challenges in Nepal: Nepal’s peace process is not without hurdles. Many Maoist leaders, including Prachanda, are accused of serious human rights violations during the 1996-2006 civil war, complicating the path to justice. Additionally, Nepal faces diplomatic challenges in balancing relationships with neighboring countries.
- Diplomatic Balancing Act: Prachanda’s upcoming visit to China is seen as an effort to maintain a balance between Nepal’s relationships with China and India. His recent visit to India strengthened ties with the southern neighbor.
- Public Scrutiny and Corruption: Amidst diplomatic endeavors, Nepal’s leaders, both in government and opposition, face public scrutiny for alleged corruption. The government’s credibility has diminished, both domestically and internationally.
Nepal and the United States
- Prachanda’s History: Prachanda’s leadership during the Maoist insurgency led to his inclusion on US global watch lists. However, he has evolved into an important figure facilitating American interests in Nepal due to the country’s strategic location.
- The MCC Nepal Compact: Prachanda played a significant role in Parliament’s endorsement of the $500 million Millennium Challenge Corporation (MCC) Nepal compact grant in February 2022, despite China’s objections. This move led to improved Nepal-US relations.
- Geostrategic Importance: The US has been involved in Nepal’s development sectors for 75 years, particularly through USAID. However, the MCC raised concerns about Nepal’s non-aligned foreign policy and potential implications for relations with China.
Navigating Relations with China
- China’s Influence in Nepal: The economic blockade of Nepal by India in 2015 provided China with an opportunity to deepen its influence in the country. It intervened in Nepal’s politics and played a role in uniting communist parties.
- Changing Dynamics: Nepal’s relationship with India, China, and the US shifted during K.P. Sharma Oli’s tenure as Prime Minister. Trade and transit agreements with China were signed, and Nepal gained access to northern sea routes.
- COVID-19 Impact: The pandemic temporarily halted China’s development projects in Nepal. However, the acceptance of the MCC compact altered Nepal’s perspective on development partnerships with China.
- Prachanda’s Approach: Prachanda and his coalition partners appear cautious about Chinese loans and prefer grants over soft loans mentioned in the Belt and Road Initiative (BRI) agreements.
Challenges and Considerations
- Concerns in Nepal: The challenge lies in convincing China that the MCC is purely a developmental project without strategic or security implications. Nepal is cautious about falling into a Chinese debt trap.
- Infrastructure Projects: Prachanda may request China to provide grants and possibly waive a loan taken for the Pokhara International Airport, which currently lacks a profitable operational plan.
- China’s Strategy: China aims to expand its presence, investments, and interests in Nepal to counter the influence of the US and India. It may extend its political outreach beyond the communist parties.
View from New Delhi
- India’s Perspective: India has witnessed shifts in its relationship with Nepal, and certain aspects of the bilateral ties have weakened over time.
- Border Concerns: India has concerns about the open border with Nepal, citing potential threats to peace and law and order.
- US-India Cooperation: India and the US share concerns about the influence of major communist parties aligning in Nepal. India sees an opportunity to work with the US to manage China’s influence in the region.
- Watching Prachanda’s China Visit: India closely observes Prachanda’s visit to China to gauge the reception and how effectively he conveys Nepal’s viewpoint during discussions with Chinese leadership.
Conclusion
- Nepal faces challenges in concluding its peace process and navigating its diplomatic relationships.
- The delicate balancing act between China and India, as well as Prachanda’s diplomatic endeavors, play a pivotal role in shaping Nepal’s future on the global stage.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Judicial device of Injunction and related provisions
Mains level: Personality rights, debate its significance
What’s the news?
- The Delhi High Court this week allowed Kapoor’s pleas for protection of his personality rights from misuse by third parties. Rajinikanth’s name, Amitabh Bachchan’s baritone, and now Anil Kapoor’s style These are some of the personality rights that celebrities are trying to protect.
Central idea
- In recent times, celebrities have been increasingly vigilant about safeguarding their personality rights, which encompass elements such as their name, voice, signature, images, and distinctive features. The Delhi High Court’s recent decision to grant protection to Anil Kapoor’s personality rights from misuse by third parties has brought this issue into the limelight.
About personality rights
- Personality rights, often loosely referred to as the rights over one’s name, image, and unique characteristics, are crucial for celebrities.
- Many celebrities take proactive measures to protect their personality rights, including registering some of these distinctive aspects as trademarks.
- For example, Usain Bolt’s iconic bolting or lightning pose has been registered as a trademark, ensuring that only he or authorized parties can use it for commercial gain.
- The primary idea behind personality rights is to grant the individual the exclusive right to derive economic benefits from these distinctive features.
- Exclusivity is a critical factor in attracting commercial opportunities for celebrities, so unauthorized use by third parties can result in tangible financial losses.
Legal Protection for Personality Rights
- The law protects personality rights in India, although these rights are not explicitly mentioned in statutes. Instead, they are derived from related legal principles, primarily the right to privacy and the right to property.
- How the law safeguards personality rights in the absence of specific legislation?
- Right to Privacy and Right to Property: Personality rights are rooted in the broader concepts of the right to privacy and the right to property. These foundational rights form the basis for protecting an individual’s control over their personal identity and commercial interests.
- Application of Intellectual Property Concepts: Intellectual property principles, often used to protect trademarks, can be applied to safeguard personality rights. This includes preventing the unauthorized use of a celebrity’s identity or distinctive attributes for commercial purposes.
- Deterrence: Injunctions serve as a legal deterrent against the unauthorized commercial exploitation of a celebrity’s identity. They prohibit specific activities or uses of the celebrity’s persona, helping protect their financial interests.
- Challenges in Enforcement: While injunctions provide legal protection, enforcing them can be challenging. Celebrities often need to issue takedown orders to online intermediaries like Google to remove unauthorized content. These legal processes can incur significant costs but may still be beneficial compared to the financial losses resulting from unauthorized use.
Precedents in Indian Courts
- Indian courts have established important precedents in cases involving the protection of personality rights, particularly in the absence of specific legislation explicitly addressing these rights. Here are some notable precedents set by Indian courts:
- Amitabh Bachchan’s Case (November 2022):
- The Delhi High Court issued an injunction against the unauthorized use of Amitabh Bachchan’s personality rights. These included variations of his name, such as Big B, and his distinctive style, like addressing a computer as Computer ji and lock kiya jaye.
- The court relied on a 2012 order involving Bachchan, where Titan Industries had taken legal action against a jewelry store for using Bachchan’s images from a Tanishq advertisement. This precedent established the principle that personality rights can be protected in India.
- Rajnikanth’s Case (2015):
- The Madras High Court’s judgment in a case involving actor Rajnikanth established that personality rights apply to individuals who have attained celebrity status.
- Rajnikanth had filed a lawsuit against the producers of the movie Main Hoon Rajnikanth, claiming that the film’s use of his name, image, and style of delivering dialogue infringed on his personality rights.
- The court’s observation that personality rights vest in those who have become celebrities has been cited as an important precedent in subsequent cases.
What is an injunction?
- An injunction is a legal remedy issued by a court that orders a person or entity to either perform a specific action or refrain from doing a particular act.
- In the given content, when unauthorized third parties exploit a celebrity’s personality rights for commercial purposes, celebrities have the option to seek legal recourse by moving to court and requesting an injunction. An injunction is a court order that restrains or prevents the unauthorized use of these rights.
- It serves as a legal deterrent against the unauthorized commercial exploitation of a celebrity’s identity, helping to protect their financial interests.
Anil Kapoor’s Case
- Anil Kapoor’s recent case before the Delhi High Court resulted in an ex-parte, omnibus injunction against 16 entities using his name, likeness, image, and even deploying technological tools like artificial intelligence for commercial gain.
- An ex-parte injunction, issued without hearing the opposing party, and an omnibus injunction, which covers unauthorized uses not explicitly mentioned in the plea, serve as deterrents against misuse.
Challenges in enforcing injunctions
- Tracking Misuse: Even with an injunction in place, it is not easy to monitor and track all instances of unauthorized use of a celebrity’s personality rights. This is especially challenging in the digital age, where content can spread quickly across various platforms.
- Online Content: Unauthorized content can proliferate rapidly on the internet and social media platforms. Identifying and taking action against each instance of infringement can be a time-consuming and resource-intensive process.
- Global Reach: The internet allows content to be accessible globally. Celebrities may need to address unauthorized use not only within their own jurisdiction but also in other countries where their image and likeness are being exploited.
- Costs: Enforcing injunctions often involves legal expenses, including attorney fees and court costs. Pursuing legal action against multiple infringing parties can be financially burdensome, particularly for individuals.
- Response from Online Intermediaries: When unauthorized content is hosted or distributed through online intermediaries like search engines or social media platforms, getting these platforms to comply with takedown requests can be challenging. It may require legal processes and negotiations.
Criteria for Granting Injunctions
- In the Titan case, the HC, in its order, listed out the basic elements comprising the liability for infringement of the right of publicity.
- Validity of the right: The plaintiff must possess an enforceable right in their identity or persona.
- Identifiability of the celebrity: The defendant’s unauthorized use must make the celebrity easily identifiable.
- Intent to trade upon the celebrity’s identity: Evidence of the defendant’s intent to profit from the celebrity’s identity is crucial.
Conclusion
- The Delhi High Court’s decision in Anil Kapoor’s case highlights the evolving legal landscape surrounding personality rights in India. Celebrities are increasingly turning to the courts to protect their unique identities and the financial interests associated with them. As these cases continue to shape the legal framework, celebrities can seek redress against those who seek to exploit their personality rights for commercial gain.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: The Mediation Act, 2023
Mains level: Mediation and Arbitration , The Mediation Act, 2023- benefits and concerns
What’s the news?
- During the recent monsoon session of Parliament, both Houses passed the Mediation Bill, 2023, now known as the Mediation Act, 2023.
Central Idea
- The discourse surrounding India’s litigation system invariably leads to discussions on alternative dispute resolution (ADR). Given the delays and escalating costs associated with Indian court proceedings, the significance of ADR cannot be overstated. While arbitration and conciliation have traditionally dominated these discussions, the recent passage of the Mediation Act of 2023 signals a pivotal shift towards recognizing the importance of mediation.
About the Mediation Act, 2023
- During the monsoon session of Parliament, the Mediation Bill, 2023, was passed in both Houses, subsequently receiving the President’s assent and being referred to as the Mediation Act, 2023.
- This Act builds upon India’s existing legal framework, which encourages courts to refer disputing parties to ADR, including mediation, if settlement possibilities exist. However, the Act takes a significant step forward by obligating parties to engage in pre-litigation mediation, regardless of prior agreements.
- To facilitate this process, the Act mandates courts and relevant institutions to maintain a panel of mediators.
Potential benefits of the Mediation Act, 2023
- Reduction of Frivolous Claims: The Act’s requirement for pre-litigation mediation is expected to reduce the filing of frivolous claims in Indian courts. Parties will be compelled to explore amicable settlements through mediation before resorting to litigation, which can help filter out cases that lack merit.
- Efficient Dispute Resolution: The Act’s provision for completing mediations within 180 days from the parties’ first appearance promotes efficient dispute resolution. This can lead to quicker resolutions compared to potentially protracted court proceedings, saving time and resources for all parties involved.
- Expertise and Neutrality: The Act mandates that mediations be conducted by empaneled mediators who are neutral and possess expertise in the field. This ensures that parties receive professional guidance from unbiased experts, enhancing the prospects of a fair and impartial resolution.
- Reduced Burden on Indian Courts: By encouraging pre-litigation mediation, the Act aims to reduce the caseload of Indian courts. This could result in expedited court proceedings for cases that do proceed to litigation, relieving the burden on the judiciary and potentially reducing court backlogs.
- Promotion of Alternative Dispute Resolution (ADR): The Act aligns with the broader goal of promoting ADR mechanisms in India. It recognizes mediation as a valuable tool for reducing court congestion and promoting efficient dispute resolution, aligning with international best practices.
- Institutional Mediation: The Act’s emphasis on institutional mediation can enhance the professionalism and accessibility of mediation services in India. This institutional framework can provide parties with the necessary infrastructure and support for effective dispute resolution.
- India as a Global Hub for Dispute Resolution: The Act’s provisions, along with the emphasis on ADR, aim to position India as a global hub for various aspects of commercial dispute resolution. This aligns with international best practices and can attract international businesses seeking efficient dispute resolution services.
Concerns associated with the act
- Coercion and sincerity: There may be concerns about parties feeling compelled to engage in mediation even if they are not genuinely interested in pursuing a settlement. Mandatory mediation may raise questions about the sincerity of the parties’ participation.
- Delays in Urgent Cases: While the Act allows for urgent interim relief from the court in exceptional circumstances, there may still be concerns about potential delays in urgent cases due to mandatory pre-mediation proceedings.
- Mediator Availability: Ensuring a sufficient pool of qualified mediators may be a challenge. The Act’s requirement for empaneled mediators could lead to a shortage of available mediators, potentially causing delays in mediation processes.
- Balancing Neutrality and Expertise: Striking the right balance between mediator neutrality and expertise can be challenging. Concerns may arise regarding mediator bias or perceived bias in some cases.
- Implementation Challenges: Implementing the Act effectively and ensuring compliance by all parties and institutions may pose challenges. Adequate training, infrastructure, and support for mediators and mediation service providers will be essential for successful implementation.
Alignment of Mediation and Commercial Arbitration
- Similar Legal Framework: The Mediation Act, 2023, effectively positions mediation on par with commercial arbitration in India. Both forms of dispute resolution share a similar legal framework with several common elements.
- Stringent Timelines: Both mediation and commercial arbitration, as governed by their respective legislation, impose stringent timelines for the conduct of proceedings. This ensures that disputes are resolved efficiently and within defined timeframes.
- Mandate for Confidentiality: Both mediation and arbitration proceedings mandate confidentiality. This confidentiality requirement ensures that the details of the dispute and the resolution process remain private, which can be advantageous for businesses and individuals involved in sensitive matters.
- Court Referral: The Act, similar to legislation governing arbitration, obligates Indian courts to refer disputing parties to either mediation or arbitration. This reflects a broader trend toward encouraging alternative dispute resolution mechanisms before resorting to litigation.
- Appointment of Neutrals: Both mediation and arbitration involve the appointment of neutral third parties. In mediation, this is the mediator, while in arbitration, it’s the arbitrator. These neutrals play a crucial role in facilitating the resolution process and ensuring impartiality.
- Enforceability: Both mediation and arbitration legislation emphasize the enforceability of agreements. The Act ensures the enforceability of mediated settlement agreements, while arbitration legislation ensures the enforceability of arbitral awards.
- Council Establishment: The Act proposes the establishment of the Mediation Council of India, which mirrors the proposed Arbitration Council of India. This underscores the recognition of mediation as a significant dispute resolution mechanism alongside arbitration.
Parliament’s Message
- The Act conveys a clear message to Indian industry: in commercial matters, courts should no longer be the default venue for dispute resolution.
- Parties are encouraged to resolve disputes amicably through mediation or commercial arbitration, with access to Indian courts considered a last resort.
- This paradigm shift will foster camaraderie between mediation and arbitration, alleviating the burden on the judiciary.
Conclusion
- The Mediation Act, 2023, marks a transformative moment in Indian dispute resolution. It positions mediation as a powerful tool to amicably settle disputes, alongside commercial arbitration. By encouraging parties to explore alternative avenues for resolution and prioritizing institutional mediation, India aims to not only ease the burden on its courts but also emerge as a global leader in commercial dispute resolution.
Also read:
Alternative Dispute Resolution Mechanism – NCA, Lok Adalats, etc.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Planetary boundaries
Mains level: planetary boundaries and variables, findings of the study, concerns and way forward
What’s the news?
- The Earth, our only home, is facing a severe health crisis due to the unchecked activities of human beings. A recent study reveals that we have breached six out of nine planetary boundaries.
Central idea
- Human activities have pushed Earth’s blood pressure dangerously high, imperiling the planet’s well-being. A recent study titled Earth beyond six of nine planetary boundaries, conducted by a global team of 29 scientists from eight countries and published in Science Advances, reveals that we have transgressed six out of nine planetary boundaries, akin to the vital parameters of Earth’s health.
What are the planetary boundaries?
- The planetary boundaries are a framework developed in 2009 that defines the limits of humanity’s impact on Earth’s essential processes and systems.
- These boundaries serve as guardrails to ensure that human activities do not push the planet beyond a point where it can no longer maintain the conditions necessary to support modern civilizations.
- These boundaries help identify the environmental limits within which human societies can thrive without causing irreversible damage to the Earth’s ecosystems.
Nine planetary boundaries and their associated control variables
- Biosphere Integrity: This boundary relates to the health of ecosystems and the rate of species extinction.
- Climate Change: It involves the concentration of atmospheric CO2 and the change in radiative forcing, which measures the balance of energy from sunlight compared to thermal energy lost by the Earth.
- Novel Entities: This boundary focuses on human-made substances not naturally found in the environment, such as synthetic chemicals, plastics, and genetically modified organisms.
- Stratospheric Ozone Depletion: This boundary concerns the release of human-made chemicals that harm the ozone layer in the stratosphere.
- Freshwater Change: It examines human-induced impacts on both blue (in lakes and rivers) and green (available in soil for plants) water resources.
- Atmospheric Aerosol Loading: This boundary tracks various particles from human-made emissions that affect cloud formation and atmospheric circulation.
- Ocean Acidification: It addresses the long-term reduction in ocean pH due to the absorption of excess atmospheric CO2 by seawater.
- Land System Change: This boundary evaluates changes in land use, especially the conversion of natural landscapes to agriculture or urban areas.
- Biogeochemical Flow: It focuses on alterations in the natural flows and forms of nitrogen and phosphorus cycles, essential for plant growth.
Findings of the study regarding the state of planetary boundaries
- Breached Planetary Boundaries: Out of the nine planetary boundaries identified, six have been breached by human activities. These boundaries include climate change, biosphere integrity, freshwater change, land system change, biogeochemical flows, and novel entities.
- Remaining Within Constraints: Two planetary boundaries, namely atmospheric aerosol loading and ozone depletion, are reported to remain within acceptable constraints. However, the boundary related to ocean acidification is noted as being close to being breached.
- Concerns about Nitrogen and Phosphorus: The study emphasizes the issue of an overflow of nitrogen and phosphorus, which falls under the biogeochemical flow boundary. While these elements are essential for life, their excessive use as crop fertilizers is causing problems such as algal blooms and ocean dead zones, where oxygen levels in the water decrease significantly, posing a threat to marine ecosystems.
- Historical Violations: The biosphere integrity boundary was reportedly violated in the 19th century due to rapid land use changes that significantly impacted various species. Similarly, the freshwater boundary was breached in the 20th century, specifically between 1905 and 1929.
- Rising Levels of Novel Entities: The study raises concerns about the increasing levels of novel entities in the environment. These include synthetic chemicals like pesticides and plastics that have been released into the environment without adequate safety testing. The presence of these novel entities is seen as destabilizing and harmful to the Earth’s systems.
- Land System Change: The article highlights that land-use conversion and fires are contributing to rapid changes in forested areas. Notably, deforestation in the Amazon tropical forest has increased to the point of transgressing the planetary boundary.
- Climate Change: The analysis of climate change indicates that both atmospheric CO2 concentration and radiative forcing are steadily increasing. For instance, the concentration of CO2 currently stands at 417 parts per million (ppm), significantly higher than the pre-Industrial Revolution level of 280 ppm. The safe boundary limit for CO2 concentration is noted as 350 ppm, which was breached in the 1980s.
Can Earth’s health still recover?
- Unlike tipping points, which can lead to large and often irreversible changes in the climate system, planetary boundaries are described as being more flexible.
- This means that breaches of these boundaries do not necessarily result in irreversible damage, and corrective actions can bring the Earth back within a safe operating space.
- For example, the stratospheric ozone depletion boundary is improving. This improvement is attributed to the combined international efforts initiated by the Montreal Protocol in 1987. The successful coordination to address ozone depletion serves as a positive precedent for addressing other breached boundaries.
Two Important Actions for Recovery
- Ending Fossil Fuel Burning: Curtailing or ending the burning of fossil fuels, which is a major contributor to climate change, is seen as essential. This action would help address the breach of the climate change boundary.
- Ending Destructive Farming: Implementing sustainable farming practices and reducing the negative impacts of land-use changes, including deforestation, can help restore ecosystems and address breaches related to land system change and biosphere integrity.
Conclusion
- We are at a critical juncture where concerted global efforts can still heal our planet. We must prioritize sustainability, conservation, and responsible resource management to ensure that future generations inherit a habitable Earth. The time to act is now, for Earth’s blood pressure has risen dangerously high, and the consequences of inaction could be catastrophic.
Also read:
Sustainable agriculture, climate change and nutrition: a complex challenge
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