PYQ Relevance:
Q)To enhance the quality of democracy in India the Election Commission of India has proposed electoral reforms in 2016. What are the suggested reforms and how far are they significant to make democracy successful? (UPSC CSE 2017) |
Mentor’s Comment: UPSC mains have always focused on the Election Commission of India (2017) and role of the Election Commission of India (2022).
The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, is the first law made under Article 324(5) of the Constitution for appointing the CEC and ECs. It was introduced after the Supreme Court’s March 2023 order, which aimed to ensure fair appointments through a high-power committee.
Today’s editorial discusses about the selection process of Election commissioners which is currently in news. This content would help in GS Paper2 mains.
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Let’s learn!
Why in the News?
The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill is flawed because it favors the candidate chosen by the government.
What are the key provisions of the 2023 Bill for appointing?
- Selection Committee Composition: A three-member committee chaired by the Prime Minister, with the Leader of Opposition (LoP) in the Lok Sabha and a Cabinet Minister (nominated by the Prime Minister) as members.
- Search Committee: Headed by the Law Minister, along with two senior bureaucrats, to prepare a list of five eligible candidates for consideration.
- Appointment Procedure: The President of India appoints the Chief Election Commissioner (CEC) and Election Commissioners (ECs) based on the recommendations of the selection committee.
- Seniority Principle: The senior-most Election Commissioner is to be appointed as the Chief Election Commissioner.
- Binding Nature of Recommendations: It is mandatory for the President to appoint candidates recommended by the selection committee.
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Why has the new law been challenged?
- Deviation from Supreme Court’s Directive: In March 2023, a five-judge Bench of the Supreme Court, headed by Justice K.M. Joseph, directed that appointments should be made by a high-powered committee comprising the Prime Minister, LoP, and the Chief Justice of India (CJI). The new law replaces the CJI with a Cabinet Minister, weakening the independence of the selection process.
- Lack of Transparency: The search committee’s list of eligible candidates is not made public, reducing accountability.
- Government’s Dominance: The composition ensures a built-in majority for the government’s preferred candidate, undermining free and fair selection.
What constitutional infirmities have been identified in the selection process?
- Government-Controlled Majority in the Selection Committee: The selection committee consists of the Prime Minister (Chairperson), a Cabinet Minister nominated by the Prime Minister, and the Leader of the Opposition (LoP).
- This structure inherently creates a 2:1 majority in favor of the government, allowing the Prime Minister and the Cabinet Minister to dominate the decision-making process, undermining an independent and impartial selection.
- Lack of Independent Oversight: Replacing the Chief Justice of India (CJI) with a Cabinet Minister weakens judicial oversight. This reduces checks and balances, as a Cabinet Minister is subordinate to the Prime Minister and unlikely to challenge the government’s preferences.
- Violation of Fair and Objective Assessment: The process does not ensure objective evaluation of candidates due to the predetermined government majority. This may violate Article 14 (Right to Equality) as it denies a fair chance to qualified candidates outside the government’s favor and threatens the basic structure doctrine by compromising the independence of the Election Commission.
What are the key observations of the Supreme Court?
- Independence of the Election Commission is Vital: The Supreme Court emphasized that the Election Commission of India (ECI) must be independent and impartial to ensure free and fair elections, which is a fundamental feature of democracy.
- Example: In the Election Commission of India vs. State of Tamil Nadu (1993), the Court held that the ECI has plenary powers to conduct free and fair elections, reinforcing the need for independent appointments.
- Need for a Neutral Selection Process: The Court highlighted that appointments to constitutional bodies like the ECI should be made through a neutral and independent process to prevent executive dominance.
- Example: In March 2023, the Constitution Bench directed that, until a law is enacted, the Prime Minister, LoP, and the CJI should select the CEC and ECs to ensure balanced decision-making.
- Concerns over Executive Overreach: The Court warned that allowing the executive to control appointments could undermine the institution’s autonomy and jeopardize the integrity of the electoral process.
- Example: The Court observed that the historical practice of Prime Minister-led appointments was unsatisfactory, as it compromised the Commission’s independence.
- Violation of Article 14 (Right to Equality): The Court observed that a selection process favoring the government could violate Article 14 by denying an equal opportunity to eligible candidates.
- Example: The current law creates a government-majority panel, allowing political bias in appointments and limiting fair competition.
- Upholding the Basic Structure Doctrine: The Court reiterated that free and fair elections are part of the basic structure of the Constitution, which cannot be compromised by biased appointment procedures.
- Example: In S.R. Bommai vs. Union of India (1994), the Court affirmed that any law threatening the democratic process would violate the basic structure doctrine and could be struck down.
Way forward:
- Restore Judicial Oversight: Reintroduce the Chief Justice of India (CJI) in the selection committee to ensure impartiality and independent oversight.
- Enhance Transparency: Make the search committee’s candidate list public and adopt objective criteria for fair and unbiased selection.
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Note4Students
From UPSC perspective, the following things are important :
Mains level: Impact of delimitation exercise;
Why in the News?
Tamil Nadu Chief Minister M.K. Stalin has called for an all-party meeting on March 5 to discuss the delimitation exercise, aiming to start a national discussion on the issue.
What is the primary concern of Tamil Nadu regarding the delimitation exercise?
- Loss of Parliamentary Representation: Tamil Nadu fears that if delimitation is based solely on population size, it may lose Lok Sabha seats due to its lower population growth compared to northern States. For instance, while Tamil Nadu’s electorate grew by 171% (1971-2024), undivided Bihar’s grew by 233%, which could lead to a reduction in Tamil Nadu’s political influence.
- Penalty for Population Control Success: Tamil Nadu is concerned that its effective population control measures will be penalized. States with higher fertility rates (e.g., Uttar Pradesh, Bihar) might gain seats, while those with lower growth like Tamil Nadu and Kerala could lose out, despite their better health and development indicators.
What are the potential impacts of the delimitation exercise?
- Shift in Political Power Dynamics: Delimitation could increase the number of representatives from northern States with higher populations (e.g., Uttar Pradesh and Bihar), thereby shifting political influence away from southern and western States that have implemented effective population control measures.
- Federal Imbalance and Regional Inequality: Southern states that perform better in terms of health, education, and population control may feel penalized. For example, Kerala’s successful population policies could lead to fewer seats despite its contributions to national development, undermining the principle of cooperative federalism.
- Resource Allocation Disparities: More seats for northern States could lead to greater influence over Union Budget allocations and central schemes, potentially reducing the share of resources to States with fewer representatives like Karnataka and Andhra Pradesh.
- Political Tensions and Regional Discontent: Perceived favoritism towards northern States could increase regional tensions. For example, Tamil Nadu’s call for an all-party meeting reflects concerns that their voices will be marginalized, which may fuel political agitation and demands for policy reassessment.
Why was the delimitation exercise frozen based on the 1971 Census?
- To Ensure Fairness Among States with Varying Population Growth: This aimed to protect the political representation of States that successfully implemented population control policies.
- Example: Southern States like Tamil Nadu and Kerala have lower population growth but would lose seats if delimitation were updated, while Uttar Pradesh and Bihar would gain due to their higher population increases.
- To Maintain the Balance of Power in Federal Governance: The freeze ensured that the distribution of parliamentary seats did not disrupt the federal structure by over-representing certain regions. This preserved a geographical balance in national decision-making.
- Example: Despite Tamil Nadu’s slower population growth, its 39 Lok Sabha seats remain unchanged since 1971, allowing it to maintain a significant voice in national policies.
What steps has the Union government taken to clarify its position on maintaining proportional representation for Southern States?
- Delimitation Freeze Extension: The government extended the freeze on parliamentary seat allocation based on population through the 42nd Amendment (1976) until 2001, and later extended it to 2026 through the 84th Amendment (2001).
- Equitable Resource Allocation: The 15th Finance Commission (2021-26) used a balanced approach by including both population (2011 Census) and demographic performance to ensure fair distribution of resources, addressing concerns of Southern states.
- Example: The Commission allocated 12.5% weightage for demographic performance, rewarding states with better population control.
- Consultative Processes: The Union government engages with Southern states through inter-state council meetings and Finance Commission consultations to address their concerns about fair representation and resource distribution.
- Example: In 2023, the government held deliberations on the implications of delimitation and reassured Southern states of equitable consideration in future seat revisions.
Way forward:
- Balanced Delimitation Framework: Implement a hybrid approach that considers both population size and demographic performance to ensure fair representation without penalizing states with successful population control policies.
- Strengthen Federal Dialogue: Regular consultative mechanisms through Inter-State Councils and Finance Commissions to address regional concerns, ensuring equitable resource allocation and preserving the spirit of cooperative federalism.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Hague Service Convention;
Why in the News?
On February 18, 2025, the U.S. Secuirty and Exchange commission asked the Indian government under the Hague Service Convention, to serve summons on Gautam Adani and Sagar Adani in a securities and wire fraud case.
What is the Hague Service Convention?
- The Hague Service Convention, formally known as the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (1965), is a multilateral treaty that facilitates the service of legal documents across international borders in civil and commercial cases.
How does it work?
- The Hague Service Convention standardizes the process for serving legal documents across borders in civil and commercial matters. It operates through Central Authorities in member countries, ensuring efficient service, protecting defendants’ rights, and allowing alternative methods like postal service if permitted. It excludes criminal cases and non-signatory nations.
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How is the U.S. Securities and Exchange Commission attempting to serve summons on the Adanis?
- Invoking the Hague Service Convention: The SEC has requested assistance from India’s Ministry of Law and Justice under Article 5(a) of the Hague Service Convention to officially deliver the summons to Gautam Adani and Sagar Adani.
- Exploring Alternative Service Methods: The SEC is considering alternative methods under Rule 4(f) of the U.S. Federal Rules of Civil Procedure, which allows service through means like email or social media, if conventional methods face delays.
- Proceeding Despite FCPA Suspension: Although the Trump administration has temporarily paused the Foreign Corrupt Practices Act (FCPA) enforcement for 180 days, the SEC argues that the pause does not apply retroactively, allowing their investigation into the Adanis to continue.
What are India’s reservations under the Convention?
- Opposition to Alternative Service Methods: India rejects all alternative service methods under Article 10 of the Convention, including postal service, diplomatic channels, and direct service by foreign judicial officers.
- Example: A U.S. court cannot serve legal documents in India via U.S. consular channels unless the recipient is a U.S. national residing in India.
- Mandatory Use of Central Authority: All service requests must go through India’s Ministry of Law and Justice, which is the designated central authority for processing foreign summons. Requests must be in English or include an English translation.
- Example: In Punjab National Bank (International) Ltd. v. Boris Shipping Ltd. (2019), a U.K. court ruled that service through alternative methods was invalid due to India’s reservations.
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How long does the service process typically take?
- The service process under the Hague Service Convention in India typically takes six to eight months. After receiving a request, India’s Ministry of Law and Justice verifies and forwards it to the appropriate authority. Upon completion, an acknowledgement is issued to the requesting country, confirming successful service.
Way forward:
- Expedite Processing Mechanisms: Implement digital tracking and streamlined workflows within the Ministry of Law and Justice to reduce delays in handling service requests.
- Strengthen Bilateral Cooperation: Enhance legal cooperation with key countries through bilateral agreements to complement the Hague Service Convention and facilitate faster document service.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: PUNCH Mission
Why in the News?
NASA is set to launch the Polarimetry to Unify the Corona and Heliosphere (PUNCH) mission on February 28, 2025, aboard a SpaceX Falcon 9 rocket.
About the PUNCH Mission
- PUNCH Mission is a groundbreaking solar mission designed to study the Sun’s corona and solar wind using advanced imaging techniques.
- It will consist of 4 small satellites operating in Low Earth Orbit (LEO) for an expected two-year mission.
- Unlike previous missions, PUNCH will use polarimetry (measurement of polarized light) to observe solar phenomena in 3D.
- It allows scientists to study the origin and evolution of solar winds and Coronal Mass Ejections (CMEs), both of which impact space weather and Earth’s technological systems.
- Focus Areas of the PUNCH Mission:
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- Study how the Sun’s outer corona transforms into the solar wind.
- Observe how CMEs are formed, gain speed, and travel through space.
- Improve space weather forecasting to protect satellites, astronauts, and power grids.
- Provide real-time data to help scientists predict solar storms and geomagnetic disturbances.
- Contribute to NASA’s Artemis program by ensuring safe deep-space exploration.
Key Features of the PUNCH Mission:
- 4 microsatellite weighs 64 kg each and works together to capture a wide-field view of the Sun’s corona.
- Advanced Imaging Instruments:
- Narrow Field Imager (NFI): Captures high-resolution images of the inner corona.
- Wide Field Imagers (WFIs): Observe solar wind and CMEs across interplanetary space.
- STEAM (X-ray spectrometer): Monitors coronal heating and solar flares.
- Provides real-time data every four minutes.
- Offers a 90° field of view, covering the Sun’s outer atmosphere and heliosphere.
- Helps mitigate the effects of solar storms on Earth’s communication systems.
- Aids in protecting astronauts and satellites from harmful solar radiation.
PYQ:
[2022] If a major solar storm (solar flare) reaches the Earth, which of the following are the possible effects on the Earth?
- GPS and navigation systems could fail.
- Tsunamis could occur at equatorial regions.
- Power grids could be damaged.
- Intense auroras could occur over much of the Earth.
- Forest fires could take place over much of the planet.
- Orbits of the satellites could be disturbed.
- Shortwave radio communication of the aircraft flying over polar regions could be interrupted.
Select the correct answer using the code given below:
(a) 1, 2, 4 and 5 only
(b) 2, 3, 5, 6 and 7 only
(c) 1, 3, 4, 6 and 7 only
(d) 1, 2, 3, 4, 5, 6 and 7 |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Time Use Survey (TUS), 2024
Why in the News?
The National Statistics Office (NSO), under the Ministry of Statistics and Programme Implementation (MoSPI), has released the Time Use Survey (TUS) 2024, marking the second nationwide survey of its kind after 2019.
What is the Time Use Survey (TUS) 2024?
- The TUS, 2024 is a nationwide survey conducted by the National Statistics Office (NSO) under the Ministry of Statistics and Programme Implementation (MoSPI).
- It is the second edition of the survey, following the first TUS conducted in 2019.
- Purpose: TUS measures how individuals allocate their time across paid work, unpaid domestic work, caregiving, learning, leisure, and other daily activities.
- India is among a few countries, including Australia, Japan, Korea, the US, and China, that conduct National Time Use Surveys.
- Unlike traditional surveys that focus solely on employment, TUS captures both economic and non-economic activities, highlighting gender roles, social structures, and lifestyle changes.
Key Highlights of TUS 2024:
- 75% of males and 25% of females (aged 15-59 years) participated in employment-related activities in 2024.
- In 2019, the participation rate was 70.9% for males and 21.8% for females, reflecting a 3.2% increase in female workforce participation.
- Decline in unpaid domestic work for women from 315 minutes/day (2019) to 305 minutes/day (2024), indicating a shift towards paid employment.
- 41% of women and 21.4% of men in the 15-59 age group engaged in caregiving.
- Women spent 140 minutes/day, while men spent 74 minutes/day on caregiving.
- Male involvement in child-rearing and elder care is rising, signaling changing gender roles.
- 89.3% of children (6-14 years) participated in learning activities, dedicating an average of 413 minutes/day.
- Leisure time has increased – People aged 6 years and above spent 11% of their daily time on cultural, leisure, mass media, and sports activities, compared to 9.9% in 2019.
- 16.8% of people engaged in producing goods for personal use, spending 121 minutes/day.
- In rural areas, 24.6% of individuals (15-59 years) participated in household production.
- Unpaid domestic services participation: 81.5% of women, 27.1% of men.
PYQ:
[2013] Disguised unemployment generally means:
(a) large number of people remain unemployed
(b) alternative employment is not available
(c) marginal productivity of labour is zero
(d) productivity of workers is low
[2023] Most of the unemployment in India is structural in nature. Examine the methodology adopted to compute unemployment in the country and suggest improvements. |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: One Nation One Port Initiative
Why in the News?
The Ministry of Ports, Shipping, and Waterways (MoPSW) has launched the “One Nation, One Port Process” (ONOP) initiative to standardize and streamline operations across India’s major ports.
What is the One Nation, One Port Initiative?
- The One Nation, One Port Process initiative, launched by the Ministry of Ports, Shipping, and Waterways (MoPSW), aims to standardize and streamline port operations across India.
- It seeks to eliminate inefficiencies, reduce documentation, and enhance trade competitiveness, aligning with India’s vision of becoming a global maritime hub.
Key Features:
- Standardized Port Operations: Uniform documentation, customs, and clearance processes across all ports to improve efficiency.
- Reduction in Documentation: Container operation documents reduced by 33% (from 143 to 96); bulk cargo documents cut by 29% (from 150 to 106).
- Sagar Ankalan Logistics Port Performance Index (LPPI): Tracks port efficiency and competitiveness to align with global logistics standards.
- MAITRI Digital Platform: Integrates AI and Blockchain for automated trade approvals, supporting Virtual Trade Corridors (VTC) with UAE, BIMSTEC, and ASEAN.
- Green and Smart Port Infrastructure: Encourages low-carbon logistics, sustainable shipping, and modernized port facilities.
- Maritime Development Fund & Shipbuilding Support: Provides financial incentives for domestic shipyards and strengthens India’s maritime industry.
PYQ:
[2009] In India, the ports are categorized as major and nonmajor ports. Which one of the following is a nonmajor port?
(a) Kochi (Cochin)
(b) Dahej
(c) Paradip
(d) New Mangalore |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Chandra Shekhar Azad
Why in the News?
Leaders from across the political spectrum paid tributes to the freedom fighter Chandra Shekhar Azad on his martyrdom day (27th February 1931).
Who was Chandra Shekhar Azad?
- Chandra Shekhar Azad (1906–1931) was a revolutionary who played a key role in India’s independence struggle.
- Born in Bhabhra, Madhya Pradesh, he joined Gandhi’s Non-Cooperation Movement at 15 but turned to armed revolution after its suspension.
- He reorganized the Hindustan Republican Association (HRA) into the Hindustan Socialist Republican Association (HSRA) alongside Bhagat Singh.
- Azad vowed never to be captured alive and sacrificed himself in a shootout at Alfred Park, Allahabad, on February 27, 1931.
His Contributions to the Freedom Struggle
- Non-Cooperation Movement (1921): Arrested at 15, he declared his name as “Azad” (Free) in court and was punished with 15 lashes.
- Joining HRA (1924): Became a member of Ram Prasad Bismil’s HRA and raised funds through political dacoities.
- Kakori Train Robbery (1925): Helped loot a British train carrying treasury money; escaped capture while others were sentenced.
- Reorganizing HSRA (1928): Transformed HRA into HSRA with Bhagat Singh, introducing socialist ideology.
- Assassination of John Saunders (1928): Avenged Lala Lajpat Rai’s death, personally eliminating a police officer in the escape.
- Attempt to Blow Up Lord Irwin’s Train (1929): Planned to assassinate Viceroy Lord Irwin, but the plan failed.
- Final Stand (1931): Surrounded by British police, killed three officers, ensured his comrade’s escape, and shot himself with his last bullet.
PYQ:
[2020] Since the decade of the 1920s, the national movement acquired various ideological strands and thereby expanded its social base. Discuss. |
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