Why in the News?
On Monday, October 21, 2024, the Supreme Court affirmed that secularism is an integral and fundamental component of the Basic Structure of the Constitution.
Is Secularism an Unamendable Part of the Indian Constitution?
- Part of the Basic Structure: The Supreme Court has consistently held that secularism is an essential and indelible part of the Basic Structure of the Indian Constitution. This means that even though the Preamble was amended in 1976 to include the word “secular,” the principles of secularism were considered inherent in the Constitution from the start.
- Kesavananda Bharati Case (1973): The landmark judgment established the “Basic Structure Doctrine,” which states that certain fundamental features of the Constitution cannot be altered or destroyed through amendments. Secularism, along with democracy, rule of law, and judicial review, was deemed a part of this unamendable structure.
- Equality and Fraternity: The right to equality (Article 14) and the emphasis on fraternity in the Constitution have been interpreted by the judiciary to embody secularism as a core value, ensuring the protection of all religions and the principle of state neutrality in religious matters.
- Indira Gandhi’s 42nd Amendment (1976): The amendment officially added the term “secular” to the Preamble, though the court’s view is that secularism was always implicitly present in the spirit of the Constitution.
How Does Indian Secularism Differ from Western Models?
- Equal Respect for All Religions (Sarva Dharma Sambhava): Indian secularism emphasizes the equal respect and treatment of all religions, rather than the strict separation of religion and state seen in Western secular models.
- State Intervention for Social Reform: Unlike Western secularism, where religion is often seen as a strictly private affair, Indian secularism allows the state to engage with religious institutions to reform practices that may be discriminatory or harmful (e.g., abolition of untouchability or regulation of religious endowments).
What Implications Do Challenges to Secularism Have for Indian Democracy?
- Erosion of Minority Rights: The rise of majoritarian politics, fueled by Hindu nationalism, threatens minority rights and equality before the law, with accusations of fostering an environment where attacks on minorities are tolerated.
- Centralization of Power: The concentration of power has weakened institutional autonomy, curtailed civil liberties, and marginalized minority voices, impacting the democratic principles of secularism and dissent.
- Impact on Governance and International Relations: Religious considerations in policymaking can result in discriminatory practices, harm India’s international reputation regarding human rights, and attract global criticism.
Way forward:
- Strengthen Legal Safeguards: Reinforce constitutional provisions that protect secularism by ensuring strict enforcement of anti-discrimination laws and promoting inclusive policies that uphold the principles of equality, fraternity, and state neutrality in religious matters.
- Promote Civic Education on Secularism: Increase public awareness and education about the significance of secularism in India’s constitutional framework to foster social harmony and counter identity-based politics, reinforcing the values of pluralism and unity in diversity.
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From UPSC perspective, the following things are important :
Mains level: Maritime issues in international water;
Why in the News?
During coverage of the Russia-Ukraine conflict, many Western media outlets have referred to tanker ships transporting Russian crude oil or oil products to other countries as a “shadow fleet.”
What is shadow fleet?
- The “shadow fleet” refers to tanker ships transporting oil from sanctioned countries, using tactics like flag hopping, complex ownership structures, and cargo transfers at sea to evade detection and sanctions.
What are Flags of Convenience (FoCs)?
- Flags of Convenience (FoCs) refer to the practice of registering a ship in a country other than that of the ship’s owner. Ships then fly the flag of the country where they are registered, known as the “flag state.”
- Initially, FoCs emerged as a way for shipowners to minimize taxes and avoid stringent regulations. They allow shipowners to benefit from favorable regulatory environments, such as lower taxes, less stringent safety requirements, and more lenient labor laws.
- Examples: Common FoCs include Panama, Liberia, and the Marshall Islands. These nations have minimal regulations, making it easier for ships to operate with reduced scrutiny.
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How do corporations with large fleets obscure ownership and origin of cargo? (Challenges to find the origin country of the ship)
- Complex Ownership Structures: Corporations often create complex ownership arrangements to hide the true identity of shipowners. This may involve setting up multiple shell companies, where each company owns only one or two ships. The use of offshore accounts and subsidiaries further adds to the opacity.
- Frequent Changes in Ship Registration and Management: Ships frequently switch their flag state (known as “flag hopping”) to avoid detection and regulatory compliance.
- Renaming Vessels: Ships involved in activities that could trigger sanctions often change their names to avoid being traced back to previous sanctioned activities.
- Using FoCs and Non-Compliant Jurisdictions: Ships may be registered in countries that are not signatories to international regulatory frameworks, such as the International Maritime Organization (IMO).
- For instance, Eswatini has emerged as a FoC because it does not follow IMO guidelines, allowing for less regulatory oversight.
Why has India been accused of hosting a shadow fleet?
- Increased Russian Oil Shipments: Indian firms and Dubai-based entities with Indian ties have been involved in transporting Russian oil, raising suspicions of sanction evasion.
- Certification by Indian Register of Shipping (IRS): The IRS certified more ships linked to Russian oil post-sanctions, which some viewed as supporting “shadow fleet” operations.
- Use of Flags of Convenience: Ships connected to India often registered under foreign flags, obscuring their ownership and the origin of their cargo to bypass sanctions.
What are the different ways through which ships ensure they don’t lose their insurance?
- Switching Insurance Providers: If a ship loses its Protection and Indemnity (P&I) insurance cover due to violations of sanctions, the owner may shift the vessel’s management to a different company with valid P&I insurance.
- Changing Ship Management and Ownership: By changing the management entity or even the registered owner (via shell companies), ships can regain insurance cover without having to comply with the initial sanctions.
- Use of Different Flag States: Ships registered under FoCs or jurisdictions not compliant with international regulations face less scrutiny, which can help them maintain insurance coverage despite potentially violating sanctions.
- Renaming Vessels: This practice helps erase the association of the ship with any prior incidents or sanctions violations, allowing the ship to be insured under a different identity.
Way forward:
- Enhance Oversight and Transparency: India should tighten regulations on ship certification and ownership disclosure, ensuring compliance with international norms to prevent any association with sanction-evading activities.
- Strengthen International Coordination: India should collaborate with global maritime bodies to align its policies with international shipping standards, promoting responsible trade practices while safeguarding its economic interests.
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Note4Students
From UPSC perspective, the following things are important :
Mains level: Significance of Nature Restoration Law ;
Why in the News?
The urgent global issue of ecosystem degradation affects India significantly, with nearly 30% of its land degraded. India’s need for a comprehensive nature restoration law is critical, drawing inspiration from the EU’s NRL
Why does India need a Nature Restoration Law?
- High Land Degradation: Nearly 30% of India’s land is degraded, with areas like Gujarat, Karnataka, Maharashtra, and Rajasthan severely affected.
- Rising Desertification: The extent of desertification in India has increased significantly, impacting ecosystems and agricultural productivity.
- Biodiversity Loss: The degradation of natural habitats threatens India’s rich biodiversity and contributes to the global biodiversity crisis.
- Climate Change Mitigation: Degraded ecosystems lose their ability to act as carbon sinks, worsening climate change impacts.
- Economic Implications: Land degradation affects agriculture, water security, and livelihoods, necessitating legal intervention for sustainable management.
What should the Nature Restoration Law in India include?
- Legally Binding Restoration Targets: Similar to the EU’s NRL, set mandates to restore a specific percentage of land and water bodies by 2030 and 2050.
- Multi-Ecosystem Approach: Include provisions for forests, agricultural lands, rivers, wetlands, and urban areas to ensure comprehensive ecosystem restoration.
- Monitoring and Reporting Mechanisms: Establish a framework for monitoring progress, conducting periodic reviews, and reporting on restoration outcomes.
- Funding and Incentive Mechanisms: Provide financial support and incentives for states, communities, and private entities engaging in restoration projects.
- Integration with Existing Programs: Align with ongoing initiatives like the Green India Mission and watershed programs for enhanced effectiveness.
What are the potential benefits of implementing such a law?
- Environmental: Restoring degraded lands can enhance biodiversity, improve soil health, and increase carbon sequestration, aiding climate resilience.
- Economic: Could generate economic returns through improved agricultural productivity, job creation, and enhanced water security.
- Social: Restoration projects can create rural employment opportunities and support sustainable livelihoods, especially in degraded areas.
- Alignment with International Commitments: Helps India achieve its Sustainable Development Goals (SDGs), especially Goal 15, and meet Paris Agreement targets.
Way forward:
- Adopt a Comprehensive Restoration Framework: India should enact a Nature Restoration Law with legally binding targets, integrating multi-ecosystem restoration approaches and aligning with existing environmental programs.
- Strengthen Monitoring and Funding Mechanisms: Establish robust monitoring frameworks for progress evaluation and provide financial incentives for restoration efforts, ensuring effective implementation and long-term sustainability.
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Note4Students
From UPSC perspective, the following things are important :
Mains level: India china relations;
Why in the News?
India and China announced an agreement on patrolling arrangements, resolving the military standoff along the Line of Actual Control (LAC), as per government officials.
What are the key components of the agreement between India and China?
- Patrolling Arrangements: The agreement includes the resumption of patrolling along the Line of Actual Control (LAC) in previously disputed areas, where patrolling had been stopped since 2020.
- Disengagement and Buffer Zones: The agreement aims to complete the disengagement process by restoring the situation to pre-2020 levels, including addressing issues at friction points like Demchok and Depsang.
- The existence or adjustment of buffer zones, which were established to prevent clashes, remains undisclosed.
- Diplomatic and Military Dialogue: The resolution is a result of multiple high-level meetings and negotiations, involving Foreign Ministers, the Working Mechanism for Consultation and Coordination (WMCC), and military commanders from both sides.
- Return to Pre-2020 Status: Indian officials have indicated that the situation at the LAC will revert to what it was before 2020, although further steps like deinduction and demobilization of troops still need to be undertaken.
How does this agreement impact the broader geopolitical landscape in the region?
- Regional Stability: The agreement could contribute to stability along the India-China border and help reduce military tensions in the region, especially at sensitive points like the Galwan Valley, where past clashes occurred.
- Influence on China-India Relations: It marks a potential thaw in India-China relations, creating a conducive atmosphere for high-level diplomatic engagements, possibly including a meeting between Prime Minister Modi and President Xi Jinping during the BRICS summit.
- Implications for Multilateral Forums: The agreement preceding the BRICS summit indicates a strategic effort to avoid bilateral friction overshadowing multilateral diplomacy. A peaceful resolution along the border could bolster cooperation within BRICS and other regional platforms.
- Signal to Neighboring Countries: The resolution may influence the perception of China’s border policies among other neighboring countries in Asia, possibly setting a precedent for dispute resolution.
What are the implications for India’s national security strategy?
- Shift Towards Dialogue and Diplomacy: The agreement underscores India’s willingness to resolve border issues through diplomatic means while maintaining a strong defense posture.
- Strategic Focus on LAC Management: Although disengagement is underway, continued monitoring and readiness at the LAC will remain crucial. The agreement may lead to a recalibration of India’s military deployments and infrastructure development along the border.
- Enhanced Security Coordination: With border tensions easing, India can refocus on comprehensive security strategies involving cooperation with allies and partners in the Indo-Pacific region, addressing broader challenges such as maritime security and countering China’s influence.
- Preparedness for Future Contingencies: The completion of disengagement does not eliminate future risks. India will likely continue to strengthen its border infrastructure and military capabilities as a precaution against any future incursions.
Way forward:
- Strengthen Diplomatic Engagements: India should prioritize continuous diplomatic dialogues with China to solidify the agreements reached and prevent future misunderstandings.
- Enhance Border Infrastructure and Defense Preparedness: India should invest in improving border infrastructure and logistics to support troop mobility and supply lines.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Moonlight Programme
Why in the News?
The European Space Agency (ESA) launched its Moonlight Lunar Communications and Navigation Services (LCNS) Programme.
About Moonlight Programme
|
Details |
| Agency |
European Space Agency (ESA) |
| Purpose |
To establish a communications and navigation infrastructure around the Moon to support future lunar missions by space agencies and private companies. |
| Planned Missions |
Supports over 400 moon missions planned over the next 20 years. |
| Satellite Constellation |
Deployment of 5 lunar satellites to provide communication and navigation services. |
| Data Transfer Range |
Enables data transfer between Earth and the Moon over a distance of 400,000 km. |
| First Satellite |
Lunar Pathfinder, a communications relay satellite built by Surrey Satellite Technology Ltd, is set to launch in 2026. |
| Operational Timeline |
Initial services expected to begin by 2028, with full operational capability by 2030. |
| Primary Focus Area |
Coverage around the Moon’s South Pole, an area of high interest due to favorable lighting conditions and potential water ice presence in permanently shadowed craters. |
| Global Collaboration |
Collaboration with NASA and JAXA (Japanese Space Agency) as part of LunaNet for standardizing lunar mission communications and navigation. |
| Significance |
– Enables over 400 lunar missions
– Supports NASA’s Artemis programme
– Provides continuous all-weather connectivity for lunar missions
– Focuses on the South Pole for ice deposits
– Reduces costs by sharing infrastructure
– Technological advancements for Mars missions (MARCONI) |
| Strategic Advantage |
Enhances ESA’s role in global lunar exploration and contributes to the future of commercial lunar activities. |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Z-Morh Tunnel Project
Why in the News?
Some militants attacked workers building the Z-Morh tunnel on the Srinagar-Sonamarg highway, killing seven people.
What is the Z-Morh Tunnel?
- The Z-Morh tunnel is a 6.4-kilometer tunnel located near Gagangir village, connecting the Sonamarg health resort to Kangan town in the Ganderbal district of central Kashmir.
- It is part of the larger Zojila tunnel project, which aims to provide year-round road connectivity between Srinagar and Ladakh.
- It is part of the Srinagar-Sonamarg-Leh highway.
- It is being constructed at an altitude of over 8,500 feet.
- It derives its name from the Z-shaped road stretch where it is being built.
- The project was originally conceived by the Border Roads Organisation (BRO) in 2012.
- A soft opening of the tunnel was held in February 2024, although the full inauguration has been delayed.
Significance of the Z-Morh Tunnel
- The tunnel provides all-weather road connectivity to the Sonamarg health resort, ensuring that the popular tourist destination remains accessible year-round.
- It is essential for maintaining all-weather connectivity to Ladakh, a region of strategic importance for India, particularly due to the military presence along the border with Pakistan and China.
- The tunnel is strategically important for the Indian Army, as it provides quick and safe access to forward areas in Ladakh, reducing the dependence on air transport for the movement of troops and supplies.
- It will also reduce expenditure on air maintenance of forward locations, thereby increasing the lifespan of Indian Air Force aircraft.
- The tunnel will boost economic growth by improving accessibility to Sonamarg, thereby supporting tourism in the region.
PYQ:
[2016] Border management is a complex task due to difficult terrain and hostile relations with some countries. Elucidate the challenges and strategies for effective border management. |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: ‘Lady Justice’ Statue
Why in the News?
- The Chief Justice of India unveiled a new ‘lady justice’ statue at the Supreme Court.
- This new statue replaces the previous version and is clothed in a saree, holds scales in one hand, and the Indian Constitution in the other, with its eyes uncovered—symbolizing that justice sees all equally.
About the Lady Justice Statue:
|
Details |
| History |
- Introduced during colonial rule, becoming a common feature in Indian courthouses.
- Depicted in the Calcutta High Court (1872) and the Bombay High Court, with variations in blindfold status.
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| Modern Depiction |
In 2024, a new 6-foot statue was unveiled by the Supreme Court of India, created by Vinod Goswami. |
| Symbolism |
Absence of the blindfold signifies that “law is not blind,” promoting the idea of equality in justice. |
| Origins |
Traces back to Greek mythology with Themis and Roman mythology with Justitia, traditionally depicted with a blindfold, scales, and a sword. |
| Notable Changes |
- Symbolizes that “the law is not blind,” emphasizing equality in justice.
- Adorned in a Saree, reflecting Indian heritage and tradition.
- Holds a copy of the Indian Constitution instead of a sword, representing rights and fairness.
- Continues to hold scales, emphasizing the need for balance in weighing evidence and arguments.
- Breaks free from colonial influences, aligning with contemporary Indian values.
- Signifies a justice system that is aware, inclusive, and rooted in constitutional principles.
- Positioned in the Judges’ Library of the Supreme Court, highlighting its significance in Indian jurisprudence.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Minority Institutions, Article 30
Why in the News?
- The Supreme Court stated that laws regulating institutions run by religious or linguistic minorities do not inherently violate the principle of secularism.
- The CJI made this observation while hearing a challenge to the Allahabad High Court’s decision to strike down the Uttar Pradesh Board of Madrasa Education Act, 2004.
Why do we need to discuss this?
- The 2004 Act regulated madrasas in Uttar Pradesh, and the High Court concluded that it violated secular principles.
- It had ordered the transfer of madrasa students to regular schools, which affected nearly 17 lakh students across 16,000 madrasas in the state.
- Petitioners pointed out that the High Court believed that madrasas violated Article 28 of the Constitution, which prohibits religious instruction in institutions fully funded by the State.
Key Observations made by the SC:
- A law regulating a minority institution does not, by itself, violate secularism.
- The CJI referred to the Hindu Religious Endowments and Charitable Institutions Act, which regulates the administration of religious institutions in many states, from Maharashtra to Tamil Nadu.
- The CJI emphasized that the State has the right to legislate to improve the quality of education in government-aided minority-run institutions.
- He noted that children attending madrasas need a broad-based education to learn essential subjects required to lead a proper life and become worthy citizens.
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About Minority Educational Institutions in India:
|
Details |
| Constitutional Provision |
Article 30(1) of the Constitution of India grants linguistic and religious minorities the right to establish and administer educational institutions of their choice. |
| Legislative Framework |
National Commission for Minority Educational Institutions Act, 2004 safeguards the educational rights of minorities as per Article 30(1). |
| Definition |
A “Minority Educational Institution” is defined as a college or institution established or maintained by a person or group from amongst the minorities (Section 2(g) of the Act). |
| Judicial Precedent |
In T.M.A. Pai Foundation vs. State of Karnataka (2002), the Supreme Court ruled that minority status is determined by state demographics, not national population. |
| Rights of Minority Institutions |
Article 29 protects the interests of minorities by allowing them to conserve their distinct language, script, or culture.
- Minority institutions do not have an absolute right to appoint staff;
- This was upheld in the context of the West Bengal Madrasah Service Commission Act, 2008.
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| Recognized Minority Communities |
Muslims, Sikhs, Christians, Buddhists, Jains, and Zoroastrians (Parsis) are recognized as minority communities under the National Commission for Minorities Act of 1992. |
| Significance |
Minority educational institutions play a crucial role in preserving the cultural and linguistic heritage of minority communities while providing access to education. |
| PYQ:
[2011] In India, if a religious sect/community is given the status of a national minority, what special advantages it is entitled to?
1. It can establish and administer exclusive educational institutions.
2. The President of India automatically nominates a representative of the community to Lok Sabha.
3. It can derive benefits from the Prime Minister’s 15-Point Programme.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3 |
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