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Foreign Policy Watch: India-United States

A shift in the US to autocratic trends   

Note4Students

From UPSC perspective, the following things are important :

Mains level: US Democracy; Differences Between Democracy and Autocracy;

Why in the news?

Since WWII, U.S. foreign policy framed democracies vs. dictatorships, but this binary blurs with recent domestic political trends and shifting allegiances.

The binary between democracy and autocracy in the USA  

Difference between Democracy and Autocracy

  • Democracy is defined as a system of government where the population, typically through elected representatives, exercises power. It emphasizes freedom, constitutional governance, and the protection of fundamental rights.
  • In contrast, autocracy is characterized by absolute power held by a single ruler, where the will of the ruler supersedes the rights and freedoms of individuals. Autocracies suppress dissent and limit political pluralism, often relying on force and coercion to maintain control.
  • Current Political Climate

      • The political landscape in the U.S. has shifted towards a more autocratic style of governance, particularly among factions within the Republican Party. This shift is marked by a growing acceptance of strongman leadership, which seeks to undermine traditional democratic norms and institutions.
      • Trump’s rhetoric and actions have often reflected a disdain for the checks and balances that are foundational to American democracy. His assertion of broad presidential powers and his attempts to consolidate authority signal a move away from democratic principles toward a more autocratic governance model.
  • Implications of the Shift

    • This trend raises concerns about the future of democracy in the U.S. Supporters of Trump and similar populist leaders often view the federal government as an adversary, promoting a narrative that pits “the people” against a corrupt establishment. 

What are the different phases of transformation?  

  • Rise of the Administrative State: The first phase was the rise of the administrative state under Theodore Roosevelt, Woodrow Wilson, Franklin Roosevelt, Lyndon Johnson and Richard Nixon.
      • This broadened the scope of government intervention and generated a complex bureaucracy to address social problems and welfare.
  • Centralizing Executive Power: As the administrative state grew, presidents needed to bring it under their direct control. During the 1980 transition, Ronald Reagan’s team employed a large staff to centralize control over policy, budgeting, and appointments. This led to the centralized apparatus that now resides in the Executive Office of the President.
  • In 2024, embracing autocratic tendencies: The populist faction of the Republican Party, concentrated among less educated, blue-collar, white, rural, and religious populations disadvantaged by globalization, embraces a strongman vision of leadership that operates beyond democratic norms.  
    • Trump waged a campaign against norms and institutions of two-party politics, culminating in his efforts to overturn the 2020 election. The Supreme Court’s ruling granting Trump immunity from prosecution for official acts has significantly blurred the line between democracy and autocracy.

The present new normal

  • Erosion of Democratic Norms and Institutions: Trump showed disdain for legal limitations on presidential power and waged a campaign against democratic norms and institutions. His attempts to overturn the 2020 election results despite losing to Biden exemplified this authoritarian tendency.
  • Conservatism and Nationalism: Trumpism embraced conservative values like opposition to abortion, support for gun rights, and backing law enforcement.
    • Trump reshaped U.S. foreign policy to prioritize American interests over global cooperation and multilateralism.

Way forward: 

  • Strengthen Democratic Institutions: Need to reinforce checks and balances to prevent executive overreach, enhance judicial independence, and protect electoral integrity to ensure democratic principles are upheld.
  • Promote Civic Education and Engagement: Need to educate citizens on democratic values, the importance of pluralism, and the dangers of autocracy to foster informed and active participation in the democratic process.

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Foreign Policy Watch: India-Bangladesh

How India needs to deal with the new Bangladesh?  

Note4Students

From UPSC perspective, the following things are important :

Mains level: Implication of Military Coup on India Bangladesh relation

Why in the News?

India will require significant political and diplomatic acumen to navigate the fallout from Sheikh Hasina’s fall, which could destabilize and potentially reshape the geopolitics of the subcontinent.

Why Hasina’s fall was not a surprise?

  • Long-standing Discontent: Widespread protests against Sheikh Hasina’s government had been brewing over issues like a controversial quota system for government jobs, indicating significant public discontent.
  • Authoritarian Drift: Hasina’s government has been accused of suppressing opposition and civil society through measures like the Digital Security Act, which has been used to arrest critics and journalists.
  • Historical Context: Since gaining independence in 1971, Bangladesh has experienced several military coups, political assassinations, and periods of military rule, including the killing of Hasina’s father, Mujibur Rahman, in 1975.

Five Challenges Beyond 1971

  • Engagement with Opposition: Due to prevailing political uncertainity, India need to distance itself from Hasina and engage with her opponents to maintain credibility and influence in Bangladesh.
  • Managing Regional Rivalries: India needs to prepare for potential exploitation of the situation by Pakistan and China, which may seek to influence the new government against Indian interests.
  • Historical Narratives: India needs to navigate the complex historical narratives surrounding the 1971 liberation of Bangladesh, recognizing that many in Bangladesh do not share the same interpretation.
  • Economic Stability: Ensuring economic stabilization in Bangladesh will be crucial, requiring collaboration with regional partners to prevent extremism and maintain stability.
  • Recognition of Local Agency: India must acknowledge that Bangladesh has its own political dynamics and agency, which cannot be solely dictated by Indian interests or actions.

What India must prepare for now? (Way forward)

  • Diplomatic Strategy: India needs to develop a proactive diplomatic strategy to engage with the new government in Bangladesh while avoiding perceptions of interference.
  • Security Concerns: India must be vigilant about border security and the potential resurgence of anti-India activities, especially if the new government leans towards Pakistan or China.
  • Economic Engagement: Strengthening economic ties and leveraging people-to-people connections will be essential for maintaining a positive relationship with Bangladesh, regardless of political changes.
  • Learning from Past Experiences: India should draw lessons from its past experiences with political transitions in the region, such as in Afghanistan, to navigate the current situation effectively.
  • Collaborative Approach: Working with international partners, including the US and Gulf nations, will be important to address the challenges posed by the political shift in Bangladesh and to ensure regional stability.

Mains PYQ: 

Q Critically examine the compulsions which prompted India to play a decisive role in the emergence of Bangladesh. (2013)

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Minority Issues – SC, ST, Dalits, OBC, Reservations, etc.

On UP’s stringent Anti-conversion law     

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Legislations in News;

Mains level: Concerning features of Anti-Conversion Law;

Why in the news?

The UP Assembly’s amendments to its regressive ‘Anti-conversion’ law appear aimed at facilitating misuse, with over 400 cases registered since the original 2021 law.

What is UP’s ‘Anti-conversion’ law?

  • Uttar Pradesh’s “Anti-conversion” law, officially known as the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, prohibits religious conversion through unlawful means such as misrepresentation, force, undue influence, coercion, allurement, or fraudulent means.

Why was the Original 2021 Anti-Conversion Law Amended by UP?

  • Increased Stringency: The amendments aim to make the original law more stringent, responding to claims of rising cases of forced conversions and the alleged involvement of foreign and anti-national elements in demographic changes.
  • Response to Public Discontent: The government cited the need to enhance penalties and legal measures to prevent unlawful conversions, particularly concerning vulnerable groups such as minors and women.
  • Legitimacy of Complaints: The amendment allows third parties to file complaints about alleged unlawful conversions, expanding the scope of the law and potentially increasing its application against inter-faith marriages.

What are Its concerning features?

  • Harsh Penalties: The amended law introduces severe penalties, including imprisonment of up to 20 years or life for targeting minors, women, or certain communities through coercion or force.
  • Bail Conditions: The law imposes stringent bail conditions that make it difficult for accused individuals to secure bail, requiring public prosecutor consent and a presumption of guilt.
  • Third-Party Complaints: The provision allowing anyone to file complaints against alleged conversions opens the door for misuse by communal organizations and individuals with vested interests, potentially targeting inter-faith couples.

What does it state about bail conditions and ‘foreign funding’?

  • Bail conditions: The amended law states that an accused individual cannot be granted bail unless the public prosecutor has the opportunity to oppose it, and there is reason to believe the accused is not guilty and unlikely to repeat the offence.
  • Foreign funding: The law prescribes stiff penalties for receiving funds from foreign organizations for unlawful conversion, with fines and imprisonment aimed at deterring financial support for conversion activities.

How is it different from other states?

  • Comparison with Other States: While several states like Odisha and Madhya Pradesh have anti-conversion laws, Uttar Pradesh’s amendments are notably harsher, including provisions for life imprisonment, which are not present in other states.
  • Bail and Proof Burden: Other states may not impose such severe bail conditions or the reverse burden of proof required in Uttar Pradesh, making it easier for accused individuals in those states to secure bail.
  • Scope of Complaints: In many states, only aggrieved individuals or their close relatives can file complaints, whereas Uttar Pradesh’s amendments allow for broader third-party complaints, increasing the potential for misuse.

Way forward:

  • Promote Awareness of Rights: Implement comprehensive public awareness campaigns to educate citizens about their legal rights concerning religious conversion and inter-faith marriages.
  • Legal and Constitutional Review: Stakeholders, including civil society organizations and legal experts, should actively pursue legal challenges against the amended law in the Supreme Court of India.

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Poverty Eradication – Definition, Debates, etc.

Counting the ‘poor’ having nutritional deficiency       

Note4Students

From UPSC perspective, the following things are important :

Prelims level: NSSO

Mains level: Key highlights of NSSO Report;

Why in the news?

The National Sample Survey Office has released the Household Consumption Expenditure Survey (HCES) report for 2022-23, along with public access to unit-level data on household expenditures.

What does the recent NSSO Report tell us?

  • The report utilizes various definitions of poverty established by past committees, with the poverty line (PL) being anchored to calorie norms of 2,400 kcal for rural and 2,100 kcal for urban areas as per the Lakdawala Committee. The Rangarajan Committee’s approach considers broader normative levels, including non-food expenses.
  • The average per capita calorie requirement (PCCR) is estimated at 2,172 kcal for rural and 2,135 kcal for urban populations. The report highlights that the average per capita calorie intake (PCCI) for the poorest segments falls significantly below these requirements, indicating nutritional deficiencies.
  • The total monthly per capita consumption expenditure (MPCE) thresholds are set at ₹2,197 for rural and ₹3,077 for urban areas, with proportions of the population identified as ‘poor’ being 17.1% in rural and 14% in urban contexts. If non-food expenditures for the poorest 10% are considered, these thresholds rise, increasing the proportion of the deprived.

Approach for measurement is the Issue:

  • Defining Poverty: The report defines the poor based on MPCE, which is linked to the ability to purchase essential food and non-food items.
    • The reliance on MPCE does not adequately address nutritional needs. While the poverty line is linked to the ability to purchase food and non-food items.
  • Caloric Requirement Calculation: The PCCR is derived from the ICMR-National Institute of Nutrition’s latest recommendations, weighted by the population distribution across age-sex-activity categories.
    • The ICMR-National Institute of Nutrition’s (ICMR-NIN) recommendations for caloric requirements in India are derived from the Recommended Dietary Allowances (RDA) for Indians.
    • The RDA does not adequately account for regional and cultural differences in dietary habits and food availability.
  • Fractile Class Analysis: Households are categorized into 20 fractile classes based on MPCE, allowing for the calculation of average PCCI and MPCE for each class.
    • Each fractile class represents 5% of the population, allowing for a detailed understanding of expenditure distribution and nutritional intake variations within the population
    • MPCE reflects consumption patterns but does not capture the full spectrum of economic well-being or deprivation.
  • State-Specific Adjustments: The all-India thresholds are adjusted for regional price differences to derive state-specific MPCE thresholds.
    • The methodology for deriving state-specific MPCE thresholds relies on regional price indexes, which can vary significantly in their construction and accuracy.

Recommendations for Improving Nutritional Levels (Way Forward) 

  • Nutritional Schemes: Govt. needs to develop and expand schemes specifically aimed at improving the nutritional intake of the poorest households.
  • Awareness and Education: Govt. should increase awareness about nutrition and healthy eating practices among low-income households.
  • Subsidized Food Programs: Need to enhance access to subsidised food items to ensure that households can meet their caloric and nutritional needs.
  • Monitoring and evaluation: Govt. should establish robust mechanisms to monitor the effectiveness of nutritional interventions and adjust strategies as necessary.

Conclusion: ​​The NSSO HCES 2022-23 report reveals significant nutritional deficiencies among the poorest. To align with SDG goals, expanding targeted nutritional schemes, subsidized food programs, and robust monitoring is essential.

Mains PYQ: 

Q How far do you agree with the view that the focus on the lack of availability of food as the main cause of hunger takes the attention away from ineffective human development policies in India? (2013)

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RBI Notifications

RBI Report on Currency and Finance (RCF), 2023-24

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Key highlights of RCF Report

Why in the News?

The Reserve Bank of India (RBI) released the “Report on Currency and Finance (RCF)” for the year 2023-24 with the theme – India’s Digital Revolution.

What is the Report on Currency and Finance (RCF)? 

  • The RCF is an annual publication by the Reserve Bank of India (RBI).
  • It covers various aspects of the Indian economy and financial system, providing insights and analysis on current economic conditions, financial stability, and policy issues.
  • The theme for the 2023-24 report is “India’s Digital Revolution.”
  • Focus: It focuses on the transformative impact of digitalization across various sectors in India, especially in the financial sector.
  • Highlights: The report highlights how digital technologies are reshaping economic growth, financial inclusion, public infrastructure, and the regulatory landscape. It also addresses the opportunities and challenges associated with digitalization.

Key Highlights of the RCF:

[1] Digital Revolution

  • The RCF emphasizes India’s leading role in the global digital revolution.
  • With robust digital public infrastructure (DPI), evolving institutional frameworks, and a tech-savvy population, India has emerged as a frontrunner in this arena.
  • Key initiatives such as Aadhaar, the world’s largest biometric-based identification system, and the UPI, a real-time, low-cost transaction platform, have revolutionized service delivery and financial inclusion.

[2] Digitalization in Finance

  • The above-discussed initiatives have made retail payments faster and more convenient, while the RBI’s pilot runs of the E-Rupee position India at the forefront of digital currency initiatives.
  • The digital lending ecosystem is also vibrant, with the Open Credit Enablement Network and the Open Network for Digital Commerce (ONDC) driving growth.

[3] Remittance Inflows in India

  • India continues to lead as the highest remittance recipient globally, with US$ 115.3 billion in 2023, accounting for 13.5% of the world’s total remittances.
  • The RCF highlights that more than half of India’s inward remittances in 2021 came from the Gulf countries, with North America contributing 22%.
  • The remittance-to-GDP ratio for India has risen from 2.8% in 2000 to 3.2% in 2023, surpassing the gross FDI inflows to GDP ratio of 1.9% in 2023.
  • Looking forward, India is poised to remain a leading supplier of labor, with its working-age population expected to rise until 2048, potentially propelling remittances to around $160 billion by 2029.

[4] Smartphones Penetration

  • India’s mobile penetration has seen remarkable growth, with internet penetration reaching 55% in 2023 and an increase of 199 million internet users over the past three years.
  • The cost per gigabyte of data in India is the lowest globally, at an average of Rs. 13.32 per GB.
  • India has one of the highest mobile data consumption rates worldwide, with an average per-user per-month consumption of 24.1 GB in 2023.
  • The number of smartphone users in India was about 750 million in 2023, expected to reach 1 billion by 2026. 
  • The RCF projects that India will become the second-largest smartphone manufacturer within the next 5 years.

PYQ:

[2017] Which of the following is the most likely consequence of implementing the ‘Unified Payments Interface (UPI)’?

(a) Mobile wallets will not be necessary for online payments.
(b) Digital currency will replace physical currency in about two decades.
(c) FDI inflows will drastically increase.
(d) Direct transfer of subsidies to poor people will become very effective.

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Innovations in Biotechnology and Medical Sciences

The Physics of Pressure

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Pressure and its impacts

Why in the News?

  • Pressure is an indispensable part of life, often unnoticed but always present.
    • It’s the interaction of microscopic particles with the macroscopic world, creating phenomena like air pressure.

What is Pressure?

  • Pressure is defined as the force exerted per unit area on a surface. 
  • For example, an apple weighing 100 g exerts a force of about 1 newton (N) on your hand and a pressure of approximately 500 Pa.
  • Atmospheric pressure is around 100,000 Pa, equivalent to the pressure exerted by about 200 apples on your hand.

Everyday Examples of Pressure

(1) Measuring Blood Pressure:

  • Blood pressure, measured in mm of mercury (mmHg), is an example of pressure in a different context.
  • Blood pressure is measured using a sphygmomanometer, which balances the pressure in an arm cuff with the pressure of the blood in the arteries.
  • The readings, such as 120/80 mmHg, represent the pressure during heartbeats (systolic) and between beats (diastolic).
  • Mercury, being 15 times heavier than water, allows for portable blood-pressure machines.

(2) Pressure Cookers:

  • The whistle of a pressure cooker is a direct result of the increased pressure cooking the food efficiently.
  • The pressure cooker exemplifies the practical application of pressure in cooking, making it an indispensable kitchen tool.

PYQ:

[2021] In a pressure cooker, the temperature at which the food is cooked depends mainly upon which of the following?​

1. Area of the hole in the lid​

2. Temperature of the flame​

3. Weight of the lid​

Select the correct answer using the code given below.​

(a) 1 and 2 only ​

(b) 2 and 3 only​

(c) 1 and 3 only ​

(d) 1, 2 and 3​

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Goods and Services Tax (GST)

GST on Health and Life Insurance Premiums

Note4Students

From UPSC perspective, the following things are important :

Prelims level: GST on Health Insurance

Why in the News?

  • Insurance premiums on health and life policies have increased this year, and the 18% Goods and Services Tax (GST) has made insurance less affordable for many people.
    • Medical inflation, estimated at 14% towards the end of last year, along with increased premiums, has made buying medical insurance difficult for many.

What is the GST on Health and Life Insurance Premiums?

  • GST replaced all indirect taxes like service tax and cess from July 1, 2017.
  • Currently, GST on health and life insurance policies is fixed at 18%.
  • According to the formula, the Centre collects 9% GST with a matching collection by states.
    • Before GST, life insurance premiums were subject to 15% service taxes, including Basic Service Tax, Swachh Bharat cess, and Krishi Kalyan cess.

Rational behind the Tax

  • GST Council Recommendations:
    • GST rates and exemptions on all services, including insurance, are prescribed on the recommendations of the GST Council, which includes the Union Finance Minister and ministers nominated by state governments.
    • Insurance is considered a service, and policyholders pay tax on their premiums, generating significant revenue for the government.
  • Tax Deductions:
    • Insurance policies allow certain deductions while computing income tax under Sections 80C and 80D of the Income Tax Act, 1961. Customers can avail deductions on the premium, including the GST applicable.

Arguments for Withdrawing the GST on Premiums

  • High Premium Increases:
    • Significant increases in premiums on health insurance policies this year have been observed, with some public sector insurers hiking premiums by 50%.
    • The renewal rate of policies is declining due to frequent premium hikes and medical inflation.
  • Comparative GST Rates:
    • The Confederation of General Insurance Agents’ Associations of India points out that GST on insurance in India is the highest in the world.
    • The high GST rate is seen as a deterrent to insurance penetration, which conflicts with the goal of “Insurance for All by 2047”.
  • Recommendations for Rationalisation:
    • The Standing Committee on Finance recommended rationalising the GST rate on insurance products to make them more affordable.
    • Suggestions include reducing GST rates for health insurance, especially for senior citizens, micro-insurance policies, and term policies.

Insurance Penetration in India:

  • According to a Swiss Re Sigma report, insurance penetration in India’s life insurance sector reduced from 3.2% in 2021-22 to 3% in 2022-23, while the non-life insurance sector remained stagnant at 1%.
  • Overall insurance penetration reduced to 4% in 2022-23 from 4.2% in 2021-22.

 

PYQ:

[2018] Consider the following items:

1. Cereal grains hulled

2. Chicken eggs cooked

3. Fish processed and canned

4. Newspapers containing advertising material

Which of the above items is/are exempted under GST (Goods and Services Tax)?

(a) 1 only

(b) 2 and 3 only

(c) 1, 2 and 4 only

(d) 1, 2, 3 and 4

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Anti Defection Law

Anti-Defection Law: Features, limitations and reforms

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Anti-Defection Law and its Features

Why in the News?

  • Numerous examples in recent time exist in the history of Parliament and State Assemblies where MPs or MLAs have defected from their party.
    • These activities often led to the frequent falling of governments.

What is Anti-Defection Law?

  • The 52nd Constitutional Amendment introduced the anti-defection law through the Tenth Schedule in 1985.
  • It aimed at tackling political defections destabilizing governments, especially after the 1967 general elections.
  • According to this Schedule, a member of the State Legislature or the House of Parliament who voluntarily resigns from their political party or abstains from voting in the House contrary to the party’s instruction may be removed from the House.
  • This voting instruction is issued by the party whip, a member of the parliamentary party nominated by the political party in the House.

Process of Disqualification under Anti-Defection Law

  • Petition:
    • Any member of the House can initiate the process by filing a petition/complaint with the Speaker (Lok Sabha) or Chairman (Rajya Sabha) alleging defection by another member.
    • The Presiding Officer CANNOT initiate disqualification proceedings suo moto and can only act upon a formal complaint.
  • Deciding Authority:
    • The Speaker of Lok Sabha, the Chairman of Rajya Sabha, or the State Legislative Assembly decides disqualification petitions under the anti-defection law.
  • Timeframe:
    • The law does not specify a strict timeline for the decision, which has led to criticism due to potential delays.
  • Judicial Review:
    • The decision can be challenged in courts, ensuring a system of checks and balances.
    • The landmark judgment in Kihoto Hollohan vs. Zachillhu and Others (1992) upheld the constitutionality of the anti-defection law and affirmed that decisions regarding disqualification are subject to judicial review.
  • Exceptions:
    • No disqualification if 1/3rd members of the legislature party split to form a separate group (provision DELETED by the 91st Amendment in 2003).
    • Mergers of political parties are allowed when 2/3rd of the members of a legislative party agree to merge with another party.

Three-Test Formula of the Supreme Court:

  • The Supreme Court in Sadiq Ali versus Election Commission of India (1971) laid down the three-test formula for recognizing the original political party:
  1. Test of Aims and Objectives of the party.
  2. Test of Party Constitution, which reflects inner-party democracy.
  3. Test of Majority in the legislative and organizational wings.

Limitations of the Anti-Defection Law

  • Dictatorship of Party: The law has been criticized for undermining democratic principles by restricting legislators’ freedom of speech and making them more accountable to party leaders than their constituents.
  • Limited Political Choice: The law discriminates against independent members, disqualifying them immediately if they join a political party, while nominated members have a six-month grace period.
  • Partial Law: The law needs a more precise timeline for resolving defection cases. It allows large-group defections, fostering opportunistic mergers and “horse-trading”, destabilizing the political system.
  • Promotes Defection: It fails to address root causes like intra-party democracy, corruption, and electoral malpractices.

Recommendations on Reforming the Law

  • Dinesh Goswami Committee (1990):
    • Disqualification should be limited to cases of voluntarily giving up membership or voting/abstention contrary to the party direction only in specific motions.
    • Decision on disqualification should be made by the President or Governor based on the advice of the Election Commission.
  • Law Commission of India (2015):
    • Proposed shifting the power to decide disqualification petitions from the Presiding Officer to the President or Governor based on the advice of the Election Commission.
  • Supreme Court in K. M. Singh v. Speaker of Manipur (2020):
    • Recommended transferring the Speaker’s decision-making authority over disqualification petitions to an independent tribunal presided over by judges.
  • Committee Led by Rahul Narwekar:
    • Announced by Lok Sabha Speaker Om Birla to review the nation’s anti-defection law.

PYQ:

[2022] With reference to anti-defection law in India, consider the following statements:

  1. The law specifies that a nominated legislator cannot join any political party within six months of being appointed to the House.
  2. The law does not provide any time-frame within which the presiding officer has to decide a defection case.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

[2013] The role of individual MPs (Members of Parliament) has diminished over the years and as a result healthy constructive debates on policy issues are not usually witnessed. How far can this be attributed to the anti-defection law, which was legislated but with a different intention?

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Minority Issues – SC, ST, Dalits, OBC, Reservations, etc.

The Waqf Board Amendment Bill 2024

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Waqf Amendment Bill 2024; Waqf Act of 1995;

Mains level: Waqf Amendment Bill 2024; Waqf Act of 1995;

Why in the News?

The government has introduced the Waqf Act Amendment Bill 2024, in order to improve administration and management of the Waqf properties.

Aim: To address existing issues in the management and administration of Waqf properties, ensuring better transparency and efficiency.

  • It also seeks to improve the legal framework governing Waqf boards and their operations across India.

Background:

  • The Waqf Board Amendment Bill 2024 proposes changes to the Waqf Act of 1995.
  • The Waqf Board Act, initially enacted in 1995, is a legal framework governing the administration of Waqf properties in India.
  • Waqf refers to the endowment of property for religious or charitable purposes, and the act outlines the structure, functions, and powers of Waqf boards responsible for managing these properties.
  • The Central Waqf Council is a statutory body that advises and oversees the functioning of state-level Waqf Boards in India, established under the Waqf Act.
  • Wakf board’s income is exempt from Income Tax but revenue generated from leasing of properties can be taxed under the service tax and GST laws.

 Features of the Proposed Bill:

  • Waqf Board will mandatorily have two Non-Muslim members.
  • District magistrates may be involved in overseeing waqf properties to ensure proper management. The survey is to be carried out by the district collector, not by Waqf.
  • Properties are to be registered through a Centralized Portal for better scrutiny. Properties already claimed by boards will undergo new verification processes to resolve disputes and prevent misuse.
  • Waqf will lose the right to decide whether any property is a Waqf Asset or not.

Present Composition of Waqf Board

Chairperson Leads the Board
State government nominees Representatives appointed by the state. (The Waqf Board operates under the supervision of the state government as per the provision of the Wakf Act 1995).
Legislators and parliamentarians State representatives from the Muslim community
State Bar Council members Muslim Legal experts providing guidance
Mutawalis Managers of waqf with an annual income of Rs 1 lakh and above
Islamic scholars Religious experts contributing to decision-making

 

Significance of the Waqf Board Amendment Bill 2024:

The bill seeks to bring about significant administrative reforms and ensure more inclusive and efficient management of Waqf assets. Here are some of the significances of the Waqf Board Amendment Bill 2024:

  • Enhanced Transparency: The bill includes provisions to digitize records and create a centralized database. This will make it easier to track and manage Waqf properties, reducing the potential for fraud and mismanagement.
  • Improved Governance: Administrative reforms proposed in the bill by the government will lead to more professional and efficient management of Waqf properties. This could result in better utilization of these resources for charitable and religious purposes​.
  • Protection of Waqf Properties: The bill aims to protect Waqf properties by regulating leasing and preventing encroachments. Unauthorized use and exploitation of these properties will be prevented, ensuring they are used for their intended religious and charitable purposes.
  • Inclusion and Representation: Including Muslim women and non-Muslims in Waqf Boards is a step toward more inclusive governance, ensuring diverse perspectives in decision-making.
  • Efficient Dispute Resolution: The new dispute resolution mechanism will help in resolving conflicts related to Waqf properties more effectively, reducing the burden on regular courts and ensuring quicker justice​.

 

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