UPSC Key: Counter-terror Policy, Constitutional Autochthony and Social Media Ban

Sambhal mosque survey: SC asks Shahi Jama Masjid management to approach Allahabad HC, tells trial court to halt proceedings

Syllabus:

Preliminary Examination: Current events of national and international importance.

Main Examination: General Studies I: Secularism

What’s the ongoing story: The Supreme Court on Friday asked the management committee of the Shahi Jama Masjid in Uttar Pradesh’s Sambhal to approach the Allahabad High Court challenging the trial court order allowing a survey of the mosque after a civil suit claimed it was built by destroying a Hindu temple.

Key Points to Ponder:

• Discuss the legal and communal implications of the Supreme Court’s directive to halt the trial court proceedings concerning the Shahi Jama Masjid survey in Sambhal.

• How recent Supreme Court’s directive on the Shahi Jama Masjid in Uttar Pradesh’s Sambhal align with the provisions of the Places of Worship (Special Provisions) Act, 1991?

• Analyse the role of the judiciary in mediating disputes involving historical religious sites in India.

• In the context of the Babri masjid and Gyanvapi Mosque dispute, evaluate the effectiveness of judicial interventions in maintaining communal harmony.

• “The Supreme Court’s deliberations on the Places of Worship (Special Provisions) Act, 1991, have reignited discussions on the legal status of various religious sites in India”-Do you agree?

• Examine the challenges faced by the Indian legal system in addressing petitions that seek to alter the status of religious sites based on historical claims.

• How can the judiciary balance historical grievances with contemporary legal frameworks to ensure social cohesion?

• Critically assess the impact of court-ordered surveys of religious sites on local communities, with reference to the recent events in Sambhal.

• Evaluate the significance of the Supreme Court directing the Shahi Jama Masjid management to approach the Allahabad High Court. How does this reflect the hierarchical judicial process in India, and what are its implications for the resolution of sensitive communal disputes?

• Evaluate the effectiveness of the Places of Worship Act, 1991, in preventing communal tensions arising from historical grievances.

• Analyse the constitutional arguments for and against the Places of Worship (Special Provisions) Act, 1991. In light of recent challenges, what are the potential consequences of amending or repealing this legislation?

Key Takeaways:

• A bench of Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar asked the court of civil judge (senior division), which allowed the survey, not to proceed with the matter till the high court passes appropriate orders.

• The bench also said that “in case any revision/appeal/miscellaneous petition is preferred before the appropriate forum, the same would be listed within a period of 3 working days after the same is filed”.

• The court said that “in the meanwhile, peace and harmony must be maintained” and recorded the assurance of Additional Solicitor General (ASG) K M Nataraj to this effect. The ASG, who appeared for the district administration, said, “We are taking care of it.”

• The Supreme Court said it will keep the appeal pending and hear it again on January 6, 2025. The bench also clarified that it has not expressed any opinion on the merits of the matter.

• The appeal contended that the mosque had been in existence since the 16th century and has been in continuous use by Muslims as a place of worship but the matter was rushed through in “hot haste” after a suit was filed by eight plaintiffs who alleged that it was built after destroying the ‘Shri Hari Har Temple’.

Do You Know:

• The Places of Worship (Special Provisions) Act, 1991, is a pivotal legislation in India, aimed at preserving the religious character of places of worship as they existed on August 15, 1947. This Act has been the subject of extensive legal scrutiny and public discourse, especially in light of recent judicial proceedings and challenges to its constitutional validity. Key Provisions of the Act:
—Section 3: Prohibits the conversion of any place of worship, ensuring that the religious character of a place remains as it was on the specified date.
—Section 4: Declares the religious character of places of worship as of August 15, 1947, and bars the jurisdiction of courts from entertaining any proceedings that might alter this status.
—Section 5: Exempts the Ram Janmabhoomi–Babri Masjid site from the Act’s provisions, acknowledging the ongoing dispute at the time of enactment.

• The Supreme Court, while delivering the verdict on the Ayodhya dispute, upheld the constitutional validity of the Act, emphasizing its role in protecting the secular fabric of the nation. The Court noted that the Act “protects and secures the fundamental values of the Constitution” and serves as a “legislative instrument designed to protect the secular features of the Indian polity.”

• Several petitions have been filed challenging the constitutional validity of the Act, arguing that it infringes upon the rights of certain religious communities to reclaim places of worship allegedly altered in the past. In response, the Supreme Court has directed the Union government to file replies to these petitions, while clarifying that the Act remains operational despite these challenges.

• The Act is seen as a measure to maintain communal harmony by preventing new disputes over places of worship. The Supreme Court, in its Ayodhya judgment, underscored that the law imposes a “non-derogable obligation” towards enforcing secularism under the Indian Constitution. By upholding the Act, the judiciary reinforces the principle that historical grievances cannot be used to alter the present religious character of places of worship, thereby ensuring legal consistency and predictability.

Other Important Articles Covering the same topic:

📍How Sambhal row was born, post 1878 suit dismissal, post 1976 tension, when a priest met some familiar names

Practice UPSC Prelims Question Covering similar theme:
1. The Places of Worship (Special Provisions) Act, 1991, mentioned in the context of the Shahi Jama Masjid case, primarily:
a) Allows for the alteration of religious sites based on historical claims.
b) Prohibits the conversion of any place of worship and maintains its status as it existed on August 15, 1947.
c) Mandates government acquisition of disputed religious sites.
d) Encourages the reconstruction of demolished religious structures

Bangla responsibility to protect minorities, India underlines; Hasina calls for Hindu monk release

Syllabus:

Preliminary Examination: Current events of national and international importance.

Main Examination: General Studies II: India and its neighbourhood- relations.

What’s the ongoing story: POINTING OUT that there were several instances of desecration of Hindu temples and deities in Bangladesh over the past few months, the Indian government told Parliament on Thursday that it was Dhaka’s responsibility to protect the lives and liberty of all its citizens, including minorities.

Key Points to Ponder:

• Who is Chinmoy Krishna Das Brahmachari?

• Why the Arrest?

• What is ISKCON and who founded it?

• How has the Indian government reacted?

• How has the Bangladesh government reacted?

• Discuss the implications of the arrest of Hindu monk Chinmoy Krishna Das on India-Bangladesh relations

• Analyse the role of international diplomacy in addressing communal tensions within a sovereign nation, with reference to India’s response to the recent events in Bangladesh.

Key Takeaways:

• India has expressed “deep concern” over the arrest of the Hindu leader. With New Delhi, saying in a sternly worded statement that the perpetrators of documented vandalism and arson against minorities as well as those who desecrated deities remained at large.

• The Government of Bangladesh on Tuesday said that the arrest of Chinmoy Krishna Das Brahmachari, has been “misconstrued”, adding that the seer had been arrested on specific charges.

• In a statement, Bangladesh said that ensuring the safety and security of all citizens, “particularly the members of religious minorities”, remains a duty of the country’s interim government.

• Bangladesh said that India’s statement “completely disregards” the fact that the Bangladesh government “is determined to conclusively end the culture of impunity to the perpetrators of gross human rights violations” against its citizens.
—It added that the country wants to treat the religious majorities and minorities equally.
—Dhaka reacted to New Delhi’s statement, calling the issue “internal affairs of Bangladesh”. It said that “such unfounded statements not only misrepresent facts, but also stand contrary to the spirit of friendship and understanding between the two neighbouring countries”.

• This is the latest instance of New Delhi raising the issue of safety of Hindus in Bangladesh. Prime Minister Narendra Modi has previously raised the issue in public statements and in phone conversation with Chief Adviser of the Bangladesh interim government, Prof Muhammad Yunus.

Do You Know:

• On its website, ISKCON describes itself as belonging to the “Gaudiya-Vaishnava sampradāya, a monotheistic tradition within the Vedic or Hindu culture.
—Philosophically it is based on the Sanskrit texts Bhagavad-gītā and the Bhagavat Purana, or Srimad Bhagavatam. These are the historic texts of the devotional bhakti yoga tradition, which teaches that the ultimate goal for all living beings is to reawaken their love for God, or Lord Krishna, the “all-attractive one”.”
—Also known as the Hare Krishna Movement, it was founded in New York City in 1966 by AC Bhaktivedanta Swami Prabhupāda (1896-1977). He hailed from Bengal, which led his organisation to eventually develop a significant presence there, including in present-day Bangladesh.

• ISKCON came up when counterculture, a rejection of societal norms, was at its peak in the United States during the 1960s.
—It was also a period when the Vietnam War led the youth to criticise the political establishment that sought to enlist them into the military, to fight in a faraway conflict.

• Many young people in the West sought transcendental experiences through multiple routes, from psychedelic drugs to meditation. In this context, Hinduism and Eastern philosophy emerged as attractive alternatives for many.
—Renowned American poet Allen Ginsburg was also one of ISKCON’s early supporters.
—The Beatles’ member George Harrison is known to have gifted a manor house to the Hare Krishna movement to establish a base in the UK.

• ISKCON today has 650 temples in more than 80 countries, with guest houses, vegetarian restaurants (in line with its worldview) and other attached facilities.
—The organisation also engages in relief work at times. During the Covid-19 lockdown, it said it fed 5,500 people in London, daily.

• Its website notes historian AL Basham writing of its growth in a short period: “It arose out of next to nothing in less than twenty years and has become known all over the West. This, I feel, is a sign of the times and an important fact in the history of the Western world.”

• At the same time, it has been criticised for reports of corporal punishment meted out to children within the organisation, as well as child sex abuse allegations (particularly in the ’80s).

Other Important Articles Covering the same topic:

📍Monk arrest: India flags safety of Hindus, Dhaka says it is deeply ‘hurt’

Practice UPSC Prelims Question Covering similar theme:
2. The interim government in Bangladesh, following the ousting of Prime Minister Sheikh Hasina, is led by:
a) Muhammad Yunus
b) Khaleda Zia
c) Hussain Muhammad Ershad
d) Abdul Hamid

EXPRESS NETWORK

Over 1.5million die around the world each year from wild/bush fire pollution, says Lancet study

Syllabus:

Preliminary Examination: General issues on Environmental ecology, Bio-diversity and Climate Change – that do not require subject specialization.

Mains Examination: General Studies III: Conservation, environmental pollution and degradation, environmental impact assessment.

What’s the ongoing story: Pollution caused by landscape fires, including incidents like agricultural burning in northern India during winters, could have claimed more than 1.2 lakh deaths in India every year on an average in the 20-year period between 2000 and 2019, a new study published in Lancet magazine has said.

Key Points to Ponder:

• Discuss the global health and environmental implications of air pollution caused by wild/bush fires.

• Analyse the contribution of wild/bush fires to global air pollution. How does this challenge the efforts toward climate change mitigation?

• What is the connection between weather and fires?

• Wildfires are increasingly becoming a global challenge due to climate change. Examine the socioeconomic and health consequences of wildfires in regions like South America, Sub-Saharan Africa, and North America.

• Evaluate the effectiveness of international frameworks and agreements in addressing the transboundary effects of air pollution caused by wildfires. Propose policy measures to enhance global cooperation.

• With more than 1.5 million annual deaths linked to wildfire pollution, what role do technological interventions play in monitoring and mitigating air quality issues? Illustrate with examples.

Key Takeaways:

• Agricultural burning is just one type of landscape fires contributing to air pollution. The study covers all kinds of fires in any natural of cultural landscapes like fires in forests, grasslands, vegetated areas or wildfires.

• In this 20-year period, about 25.54 lakh deaths in India could be attributed to respiratory or cardiovascular diseases caused by air pollution induced by these kinds of fires, the study said.
—China had the largest number of such casualties during this period, followed by the Democratic Republic of Congo, India, Indonesia and
Nigeria.

• Globally, more than 1.53 million deaths could be attributable to such landscape fire incidents, the study said.

• The study, led by Yuming Guo, head of Climate, Air Quality Research (CARE) unit, School of Public health and Preventive Medicine at Monash University, Melbourne, shows for the first time the actual health risks from wild/bush fires, particularly from the PM2.5 matter released during the process.

• Prakash Doraiswamy, Director, Air Quality, at World Resources Institute, India, said that large scale burning events such as the forest fires or agricultural fires contribute to the larger air quality problem at both local and regional scales.

• As preventive measures, volunteers from forested villagers are appointed as fire watchers, N R Praveen, Chief Conservator of Forests, Pune circle said.
—“About 20 percent of Maharashtra’s geographical area is forest land. Barring 2019 which saw extremely good rains that led to few fire incidents, annually there are a minimum of 1,000 fire incidents. It starts at the farms where the most inexpensive way of disposing farm waste is to burn them. This is not healthy and often spreads from agricultural land to the adjoining forest land. Hence awareness activities are stepped up at the onset of winter,” he said.

• Deaths caused by wild/bush fire were four times higher in low-income countries than high-income countries, the study said.

• Lower socio-economic countries were more likely to have higher deaths from respiratory illness caused by fires than higher socio-economic countries. The global cardiovascular deaths due to fire pollution increased by an average 1.67 per cent per year.

Do You Know:

• An April 2022 study, Managing Forest Fires in a Changing Climate, published by the public policy think tank Council of Energy, Environment and Water (CEEW), has noted a tenfold increase in forest fires over the past two decades and says more than 62% of Indian states are prone to high-intensity forest fires.

• Forest fires have become more frequent and more intense, and have occurred in a larger number of months over this period.

• Andhra Pradesh, Odisha, Maharashtra, Madhya Pradesh, Chhattisgarh, Uttarakhand, Telangana, and the North-eastern states are most prone to forest fires, the study found.

• Mizoram has seen the highest incidence of forest fires over the last two decades, and 95% of its districts are forest fire hotspots.

• The ISFR 2021 estimates that more than 36% of the country’s forest cover is prone to frequent forest fires, 6% is ‘very highly’ fire-prone, and almost 4% is ‘extremely’ prone.

• The forest fire season normally extends from November to June, and the majority of fires are caused by man-made factors, the report says.

• A report by the Ministry of Environment, Forest and Climate Change for 2020-21 identified western Maharashtra, southern Chhattisgarh, parts of Telangana and Andhra Pradesh, and central Odisha as becoming ‘extremely prone’ to forest fires.

• An FSI study based on the spatial analysis of forest fires points during the period 2004-21 has found that nearly 10.66% area under forests in India is ‘extremely’ to ‘very highly’ fire-prone.

Other Important Articles Covering the same topic:

📍How to solve the problem of stubble burning

Previous year UPSC Prelims Question Covering similar theme:
3. Consider the following: (2019)
1. Carbon monoxide
2. Methane
3. Ozone
4. Sulphur dioxide
Which of the above are released into the atmosphere due to the burning of crop/biomass residue?
(a) 1 and 2 only
(b) 2, 3 and 4 only
(c) 1 and 4 only
(d) 1, 2, 3 and 4
Previous year UPSC mains Question Covering similar theme:
📍Examine the reasons for rising incidents of forest fires in India and steps that can be taken to contain them. (2019, GS3)

Counter-terror policy: MHA for specialised units in all states/UTs

Syllabus:

Preliminary Examination: Current events of national and international importance.

Main Examination: General Studies III: Role of external state and non-state actors in creating challenges to internal security

What’s the ongoing story: All states and Union Territories should have a uniform specialised terror unit with proper strength, they should have a prison monitoring unit, language expert unit, deradicalization unit, financial intelligence unit, all upgraded weapons recommended by NSG and a standard common training module set by the NSG.

Key Points to Ponder:

• Discuss the significance of establishing specialized Anti-Terrorism Squads and Special Task Forces in all states and Union Territories as proposed by the Ministry of Home Affairs.

• Analyse the challenges and opportunities associated with implementing a national counter-terrorism policy in a federal structure like India.

• How can the central and state governments collaborate effectively to address terrorism while respecting state autonomy?

Key Takeaways:

• Earlier this month, Union Home Minister Amit Shah had said the Centre will soon bring a national counter-terrorism policy and strategy.

• Addressing the Anti-Terror Conference-2024 (ATC), organised by the NIA, which was attended by chiefs of state police forces and other top security officers, Shah said, “We are taking the next step in proactive approach that the Home Ministry has made to fight terrorism, terrorists and their ecosystem… We will soon bring a new national counter-terrorism policy and strategy in which you all will play a key role… The government has come up with a vision on a model anti-terrorism squad and model special task force for states and UTs, which, if adopted, will work as a common structure and platform to deal with the menace of terrorism.”

• The ATC discussed the different structures, work distribution, orientation, hierarchy and set-up of anti-terror units in every State/UT. “The MHA, which is preparing the national counter-terrorism policy and strategy for all the States/UTs, is considering this fact that anti-terror units should be headed by an IG or a senior-rank officer, and should have at least two DIG-level officers and at least four SP-rank officers,”

Do You Know:

• Sharing the current status of the specialised terror units, a source in the security establishment said 18 States/UTs have dedicated ATS, STF, counter-terrorism units/cells; there are 13 States/UTs where ATS, STF and CT units are notified as police stations; 80 to 650 is the range of sanctioned strength in ATS, STF and CT units. There are six States/UTs which have standard operating procedures (SOPs) for their counter-terrorism investigations/operations, and only six State/UTs have designated court/courts for terrorism-related cases.

Other Important Articles Covering the same topic:

📍Union Home Minister and Minister of Cooperation Shri Amit Shah addresses the inaugural session of the two-day ‘’Anti-Terrorism Conference-2024′ in New Delhi today

Practice UPSC Prelims Question Covering similar theme:
4. The Multi-Agency Centre (MAC) in India is primarily responsible for:
a) Coordinating disaster management efforts across states.
b) Facilitating real-time intelligence sharing among security agencies.
c) Overseeing financial transactions to prevent money laundering.
d) Managing cybersecurity threats at the national level.

India seeks clear principles and scope on global plastics treaty

Syllabus:

Preliminary Examination: Current events of national and international importance.

Main Examination: General Studies III: Conservation, environmental pollution and degradation, environmental impact assessment.

What’s the ongoing story: India has submitted that the global plastics treaty, being negotiated currently, should have a clear scope and principles to be effective and workable at the international level.

Key Points to Ponder:

• Discuss the significance of technology transfer from developed to developing countries in addressing global plastic pollution.

• Analyse the challenges and opportunities associated with establishing clear, measurable goals in global treaties aimed at combating plastic pollution. How can countries balance national interests with collective environmental responsibilities?

• Evaluate the role of international negotiations in addressing the lifecycle of plastics, from production to disposal.

• What are the potential benefits and drawbacks of implementing a legally binding global treaty on plastic pollution?

• Examine the positions of major plastic-producing nations, such as Saudi Arabia, during international treaty negotiations on plastic pollution. How do economic interests influence their stances, and what implications does this have for global environmental governance?

• Critically assess India’s approach to international environmental negotiations, particularly concerning plastic pollution. How does its emphasis on technology transfer and lifecycle management reflect its broader environmental and developmental objectives?

Key Takeaways:

• Around 175 countries have converged in Busan, Republic of Korea, to negotiate the first-ever treaty to end plastic pollution, including marine pollution. The talks are past their midway point and thus far, there has not been any major progress on the crucial issue of whether the world will agree on capping plastic production.

• India has also made interventions on the draft text treaty pertaining to articles on plastic product design and plastic waste management, seeking to build-in provisions for financial and technical assistance, including technology transfer.

• India sought a clear scope for the treaty which, it said, should not overlap with other important multilateral environmental agreements, for instance, such as the Basel Convention on transboundary movement of hazardous wastes and their disposal.

• The Indian delegation also submitted that the new international legally-binding instrument to end plastic pollution must follow the principles of the 1992 Rio Declaration. It laid emphasis on the principles concerning ‘common but differentiated responsibilities’ (CBDR) and sustainable production and consumption. CBDR refers to the differing contributions of countries in view of their different roles in environmental degradation.

• India also submitted suggestions on articles in the draft treaty related to plastic product design and plastic waste management. Draft treaty articles on plastic product design refer to the efficient and eco-friendly designs, which would help the product to be sustainable, focussing on its recyclability and its environmental impact at the time of discarding.

• On both – plastic waste management and product design – India’s submissions stated that there shall be provisions for financial and technical assistance, including technology transfer, to developing countries. On plastic waste management, it stressed that efforts should be based on plans of countries, national circumstances, their capabilities and relevant national regulations.

Do You Know:

• India contributes to a fifth of global plastic pollution, according to a study published in the journal Nature in September. It accounts for 20% of the world’s global plastic pollution with emissions of 9.3 mt, which is significantly more than the countries next in the list — Nigeria (3.5 mt), Indonesia (3.4 mt) and China (2.8 mt), the study said.

• India has made it clear that it does not support any restrictions on the production of polymers. Any restrictions are beyond the mandate of the UNEA’s resolution adopted at Nairobi in 2022, according to India. The country has also sought the inclusion of financial and technical assistance, and technology transfer in the substantive provisions of any final treaty.

• On the exclusion of harmful chemicals used for plastic production, India has said that any decision should be based on scientific studies, and the regulation of such chemicals should be regulated domestically.

• India banned the use of single-use plastics covering 19 categories in 2022. However, the country has said that a decision on the issue of including certain plastic items for phase-out in the final treaty should be “pragmatic” and “regulation should be nationally driven taking into account national circumstances.”

Other Important Articles Covering the same topic:

📍India generates highest plastic pollution in world: what a new study found

Previous year UPSC Prelims Question Covering similar theme:
5. Why is there a great concern about the ‘microbeads’ that are released into environment? (2019)
(a) They are considered harmful to marine ecosystems.
(b) They are considered to cause skin cancer in children.
(c) They are small enough to be absorbed by crop plants in irrigated fields.
(d) They are often found to be used as food adulterants.
Previous year UPSC mains Question Covering similar theme:
📍What are the impediments in disposing the huge quantities of discarded solid waste which are continuously being generated? How do we remove safely the toxic wastes that have been accumulating in our habitable environment? (2018)

THE IDEAS PAGE

Constitution is not at ease with civilisation

Syllabus:

Preliminary Examination: Indian Polity and Governance-Constitution, Political System, Panchayati Raj, Public Policy, Rights Issues, etc.

Mains Examination: General Studies II: Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

What’s the ongoing story: J Sai Deepak Writes: To tie down a society for all time to come to a specific version of the Constitution is to take away the agency of the present and the future to craft their respective destinies in a manner that preserves their sense of self while remaining committed to the goals of constitutionalism

Key Points to Ponder:

• Discuss how constitutionalism in post-colonial societies can inadvertently perpetuate colonial legacies. Provide examples to illustrate the persistence of colonial structures within modern constitutional frameworks.

• Analyse the concept of ‘constitutional autochthony’ and its significance in the decolonization process of legal systems. How have countries like India addressed the challenge of creating an indigenous constitution while dealing with colonial influences?

• Critically evaluate the argument that constitutionalism has become another means of extending colonial legacies in post-colonial states.

• To what extent do you agree with J Sai Deepak’s perspective on Constitution, and what measures can be taken to ensure that constitutional frameworks genuinely reflect indigenous values and aspirations?

• Examine the role of the judiciary in either reinforcing or dismantling colonial legacies within the constitutional framework of post-colonial societies?

• How can judicial interpretations contribute to the decolonization of legal systems?

• Assess the impact of colonial-era laws and administrative practices on contemporary governance in post-colonial countries.

Key Takeaways:

• “Constitutionalism has become another word for extending colonial legacies” by J. Sai Deepak, critically examines how post-colonial nations, particularly India, have adopted constitutional frameworks that may perpetuate colonial-era structures and ideologies.

• The author argues that many post-colonial constitutions are heavily influenced by colonial legal systems, leading to the continuation of colonial legacies under the guise of constitutionalism.

• The article discusses ‘constitutional autochthony,’ referring to the process by which a nation asserts its constitutional independence from external powers.
—It highlights the challenges in achieving true autochthony when colonial legal frameworks are retained.

• The author examines India’s adoption of the Government of India Act, 1935, as a template for its Constitution, suggesting that this choice embedded colonial administrative practices into the post-independence governance structure.

• The retention of colonial-era laws and institutions is critiqued for hindering the development of indigenous legal traditions and self-governance models.

• The article advocates for a re-evaluation and reform of constitutional frameworks to remove colonial influences and better reflect the cultural and historical contexts of post-colonial societies.

Do You Know:

• A constitution is a foundational legal document or framework that defines the fundamental principles, structures, powers, and responsibilities of a government. It establishes the rights and duties of citizens, delineates the separation of powers among the branches of government, and provides the legal basis for governance.

• Constitutionality refers to whether a law, action, or government decision aligns with the principles, provisions, and spirit of the constitution. It is a measure of compliance with the constitution.

• Constitutionalism is the philosophy or doctrine that emphasizes the importance of a constitution as the basis for limiting governmental power and protecting individual freedoms. It signifies the rule of law and ensures that the government operates within the framework of the constitution.
Other Important Articles Covering the same topic:
📍Amidst politicians’ new reverence for Constitution, one thing to remember
Practice UPSC Prelims Question Covering similar theme:
6. The term ‘constitutional autochthony’ refers to:
a) The process of adopting a foreign constitution without modifications.
b) The assertion of constitutional nationalism independent of external influences.
c) The continuation of colonial legal frameworks in post-colonial states.
d) The rejection of all colonial laws and practices.

It looks forward, rooted in civilisation

Syllabus:

Preliminary Examination: Indian Polity and Governance-Constitution, Political System, Panchayati Raj, Public Policy, Rights Issues, etc.

Mains Examination: General Studies II: Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

What’s the ongoing story: Faizan Mustafa Writes: The assertion that the Constitution has no intrinsic value and decoloniality is imperative to prevent the decimation of what remains of ‘Bharat’s indigeneity’ is too sweeping

Key Points to Ponder:

• Discuss how the Indian Constitution embodies the civilisational values of India while adapting to contemporary needs. Illustrate your answer with relevant examples.

• Analyse the role of the Preamble in reflecting the core values of the Indian Constitution. How do these values align with India’s civilisational heritage?

• Evaluate the significance of the Directive Principles of State Policy in promoting the welfare state concept in India. How do they draw from India’s cultural and historical context?

Key Takeaways:

• The article “Constitution is steeped in India’s civilisational values but it’s not stuck in the past” by Faizan Mustafa explores the dynamic nature of the Indian Constitution, highlighting its deep roots in India’s civilisational ethos while emphasizing its adaptability to contemporary challenges.

• The Indian Constitution embodies principles such as pluralism, tolerance, and respect for diversity, reflecting the country’s rich cultural heritage. It incorporates concepts like ‘Dharma’ (justice) and ‘Vasudhaiva Kutumbakam’ (the world is one family), aligning with traditional Indian philosophies.

• The inclusion of ‘Secular’ and ‘Socialist’ in the Preamble through the 42nd Amendment reflects India’s commitment to these ideals. Secularism in India denotes equal respect for all religions, a principle deeply rooted in the nation’s history.

• The judiciary plays a crucial role in interpreting the Constitution, ensuring that it remains a living document responsive to contemporary realities. Landmark judgments have upheld the ‘basic structure’ doctrine, preventing any amendments that could alter the Constitution’s fundamental principles.

• The Constitution strikes a balance between preserving India’s civilisational values and embracing modern democratic ideals. It provides a framework for governance that is inclusive, equitable, and just, catering to a diverse and evolving society.

Do You Know:

• In 1966, M S Golwalkar wrote that the Constitution “had absolutely nothing that can be called ours”. However, speaking on Hindutva and National Integration on February 7, 2022, the current RSS chief said, “Hindutva is nothing but a true reflection of the Indian Constitution.” It seems that it’s either a deliberate policy to speak in multiple and contradictory voices or there is genuine confusion about the true worth of our Constitution.

• While moving the Objective Resolution on December 13, 1946, Nehru recalled the great “civilisational journey of 5,000 years”. He termed it the moment of transition from old to new, when this “ancient land” would attain its rightful and honoured place.

• Purushottam Das Tandon mentioned ancient assemblies at which pandits discussed important affairs. He talked of protecting the civilisation, while also moving forward.

• M R Masani underlined the central issue before the Constituent Assembly: Should the state own people or the people own the state? He said, “in our democracy, men will neither be slaves to capitalism nor to a party or the state. Man will be free”.

• India adopted British parliamentary democracy but instead of having a hereditary head of state, the country became a republic with an elected head of state.

• In borrowing fundamental rights from the US, the Constitution framers incorporated restrictions in the text itself. The American doctrine of “due process” was rejected. Unlike other federations, our governors are nominated by the Centre and not elected by the people and we opted for separation of functions rather than separation of powers.

Other Important Articles Covering the same topic:

📍This Constitution day, celebrating the document, the common man and the trustworthy relationship therein

Practice UPSC Prelims Question Covering similar theme:
7. Which part of the Indian Constitution reflects the nation’s commitment to social and economic democracy?
a) Preamble
b) Fundamental Rights
c) Directive Principles of State Policy
d) Fundamental Duties

THE WORLD

Australia passes social media ban for children under 16

Syllabus:

Preliminary Examination: Current events of national and international importance.

What’s the ongoing story: A social media ban for children under 16 passed the Australian Senate on Thursday and is set to become a world-first law.

Key Points to Ponder:

• What are social media pitfalls for the young?

• Can a ban work on children who have already been exposed?

• Discuss the potential implications of Australia’s ban on social media use for children under 16 on global internet governance and the operations of major tech companies.

• Critically analyse the effectiveness of imposing age restrictions on social media platforms as a measure to address concerns about young people’s mental health.

• Evaluate the challenges that social media companies might face in implementing Australia’s legislation banning users under 16, considering technological and ethical aspects.

• Examine the role of government regulation in safeguarding children online. How does Australia’s recent legislation align with global trends in online child protection?

• Assess the potential social and psychological impacts on children resulting from restricted access to social media platforms, as mandated by Australia’s new law.

Key Takeaways:

• The legislation will make platforms such as TikTok, Facebook, Snapchat, Reddit, X, and Instagram liable for fines of up to 50 million Australian dollars (£26 million) if they fail to prevent children under 16 from creating accounts.

• The Senate passed the Bill with 34 votes in favour and 19 against. On Wednesday, the House of Representatives overwhelmingly approved the legislation by 102 votes to 13.

• The amendments strengthen privacy protections. Platforms will not be allowed to require users to provide government-issued identification, such as passports or driver’s licences, nor can they demand digital identification via government systems.

• The House is scheduled to pass the amendments on Friday. Critics of the law fear that banning children under 16 from social media may negatively impact the privacy of users who must prove they are older than 16.

• While the major parties support the ban, many child welfare and mental health advocates are concerned about unintended consequences.

• Critics argue the government is using the policy to convince parents that it is protecting their children ahead of the general election due by May. The government hopes voters will reward it for responding to concerns about children’s addiction to social media. However, some believe the legislation may cause more harm than good.

Do You Know:

• One of the biggest challenges in implementing such bans is age verification. While platforms like Instagram have age limits at present, they simply ask users about their date of birth and do not require verification. As a result, many children enter false information to access platforms. Country-specific age requirements can also be bypassed through Virtual Private Networks (VPN), which can show the Internet being accessed from a different domicile.

• The South Australian report took note of age assurance methods already being used/tested by platforms in Australia. These include requiring details of government-issued IDs or credit cards and using facial recognition technology to identify potential underage users. However, with data related to minors being shared with companies, serious privacy concerns have been raised over these measures.

• Studies say problematic social media use — inability to control usage, experiencing withdrawal and neglecting other activities to use social media — has been on the rise. It has been associated with lower mental well-being, higher levels of substance abuse and less sleep.

• Dr Yatan Balhara, a professor of psychiatry at AIIMS New Delhi, said, “Social media is not the problem, it allows people to connect with others… The challenge is that adolescents, whose brains are not yet fully developed, may not be interacting with it in the healthiest of ways.” He added: “Many adolescents evaluate their worth based on what people say about them online or how many likes they get.” There is a fear of missing out, with constant social media use also making in-person communication difficult. “In that sense, there is a logic to restricting access and use of social media,” he said.

Other Important Articles Covering the same topic:

📍Why Australia is planning to ban social media for teenagers

Practice UPSC Prelims Question Covering similar theme:
8. What is the primary objective of Australia’s legislation banning social media use for children under 16?
a) To reduce internet traffic
b) To protect young people’s mental health
c) To promote traditional media
d) To increase government revenue through fines
Previous year UPSC mains Question Covering similar theme:
📍Child cuddling is now being replaced by mobile phones. Discuss its impact on the socialization of children. (GS1, 2023)

ECONOMY

Trump’s tariffs, its impact on global growth, and what it could mean for India

Syllabus:

Preliminary Examination: Current events of national and international importance.

Main Examination: General Studies II: Effect of policies and politics of developed and developing countries on India’s interests.

What’s the ongoing story: With less than two months remaining until President-elect Donald Trump assumes office, the self-proclaimed “tariff man” has made his intentions clear, threatening steep tariff hikes of up to 25 per cent on the United States’ top three trade partners—Mexico, Canada, and China—on his first day in office.

Key Points to Ponder:

• Discuss the potential impact of the United States’ imposition of tariffs on countries like China, Mexico, and Canada on India’s economy.

• How should India navigate the changing global trade environment to safeguard its economic interests?

• Analyse the implications of protectionist trade policies, such as those proposed by President Donald Trump, on global economic growth.

• Evaluate the opportunities and challenges Trump’s tariffs policies present for India’s trade and manufacturing sectors.

• “Protectionist measures by major economies can lead to a realignment of global trade partnerships.” Critically examine this statement in light of the recent tariff policies of the United States and their potential impact on India’s trade relations.

Key Takeaways:

• As Trump’s primary target appears to be China which has a much higher trade surplus than the US, India is relatively insulated from Trump’s tariff war, primarily because India is less export-oriented than many other Asian economies, as per Fitch Ratings. However, if the global growth shrinks, it would also impact India’s goods and services exports, especially to the US, its largest trade partner.

• A report by S&P Global, released on Tuesday, indicated that China’s growth could slow to 4 per cent by 2025 due to US tariffs weakening exports and investment. Conversely, India is expected to maintain a robust expansion rate of nearly 7 per cent, taking the “global growth baton.”

• Notably, the US remains India’s largest trade partner, with bilateral trade surpassing $120 billion in FY24, slightly outpacing India’s trade with China. Unlike China, India’s trade balance with the US is favourable, making the relationship a vital source of foreign exchange.

• Over the past decade, India’s reliance on the US market has grown, with the US now accounting for 18 per cent of India’s exports, up from 10 per cent in 2010-11. India’s export portfolio to the US is diverse, spanning textiles, electronics, and engineering goods.

Do You Know:

• The United States in recent years has gradually retreated from its post-World War II role of promoting global free trade and lower tariffs. That shift has been a response to the loss of U.S. manufacturing jobs, widely attributed to unfettered trade and an increasingly aggressive China.

• They are typically charged as a percentage of the price a buyer pays a foreign seller. In the United States, tariffs are collected by Customs and Border Protection agents at 328 ports of entry across the country.

• The tariff rates range from passenger cars (2.5%) to golf shoes (6%). Tariffs can be lower for countries with which the United States has trade agreements. For example, most goods can move among the United States, Mexico and Canada tariff-free because of Trump’s US-Mexico-Canada trade agreement.

• By raising the price of imports, tariffs can protect home-grown manufacturers. They may also serve to punish foreign countries for committing unfair trade practices, like subsidizing their exporters or dumping products at unfairly low prices.
Before the federal income tax was established in 1913, tariffs were a major revenue driver for the government. From 1790 to 1860, tariffs accounted for 90% of federal revenue, according to Douglas Irwin, a Dartmouth College economist who has studied the history of trade policy.

Other Important Articles Covering the same topic:

📍Trump plans tariffs on Canada, Mexico, China: What does it mean?

Practice UPSC Prelims Question Covering similar theme:
9. What is the Generalized System of Preferences (GSP) that was withdrawn from India by the United States?
a) A defense cooperation agreement
b) A trade program allowing duty-free exports
c) A cultural exchange program
d) A bilateral investment treaty

EXPLAINED

Socialist, secular in Preamble

Syllabus:

Preliminary Examination: Indian Polity and Governance-Constitution, Political System, Panchayati Raj, Public Policy, Rights Issues, etc.

Mains Examination: General Studies II: Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

What’s the ongoing story: Almost exactly 75 years since the Constitution of India was adopted, the Supreme Court on Monday (November 25) upheld the insertion of the words ‘socialist’ and ‘secular’ in the Preamble of the founding document.

Key Points to Ponder:

• Discuss the significance of the inclusion of the terms ‘socialist’ and ‘secular’ in the Preamble of the Indian Constitution. How do these terms reflect the vision and values of the Indian state?

• Analyse the Supreme Court’s rationale in upholding the inclusion of ‘socialist’ and ‘secular’ in the Preamble. What implications does this have for the interpretation of the Constitution and the understanding of India’s democratic framework?

• Examine the debates surrounding the 42nd Amendment of the Indian Constitution, particularly focusing on the addition of ‘socialist’ and ‘secular’ to the Preamble. How have these additions influenced India’s socio-political landscape?

Key Takeaways:

• A bench of Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar said the Parliament’s power under Article 368 to amend the Constitution also extends to the Preamble and rejected the argument that the words could not have been added retrospectively in 1976 to the original Preamble which has a cut-off date of November 26, 1949.

• The SC judgement said that “while it is true that the Constituent Assembly had not agreed to include the words ‘socialist’ and ‘secular’ in the Preamble, the Constitution is a living document, as noticed above with power given to the Parliament to amend it in terms of and in accord with Article 368”.

• It said, “In 1949, the term ‘secular’ was considered imprecise, as some scholars and jurists had interpreted it as being opposed to religion. Over time, India has developed its own interpretation of secularism, wherein the State neither supports any religion nor penalizes the profession and practice of any faith. This principle is enshrined in Articles 14, 15, and 16 of the Constitution…”

• On the challenge to the word ‘socialism’, the SC said “in the context should not be interpreted as restricting the economic policies of an elected government of the people’s choice at a given time… Rather, ‘socialist’ denotes the State’s commitment to be a welfare State…”

Do You Know:

• Over her years in government, Indira had attempted to cement her approval among the masses on the basis of a socialist and pro-poor image with slogans such as “garibi hatao” (Eradicate poverty).

• Her Emergency government inserted the word in the Preamble to underline that socialism was a goal and philosophy of the Indian state.

• It needs to be stressed, however, that the socialism envisaged by the Indian state was not the socialism of the USSR or China of the time — it did not envisage the nationalisation of all of India’s means of production. Indira herself clarified that “we have our own brand of socialism”, under which “we will nationalise [only] the sectors where we feel the necessity”. She underlined that “just nationalisation is not our type of socialism”.

• The people of India profess numerous faiths, and their unity and fraternity, notwithstanding the difference in religious beliefs, was sought to be achieved by enshrining the ideal of “secularism” in the Preamble.

• In essence, this means that the state protects all religions equally, maintains neutrality and impartiality towards all religions, and does not uphold any one religion as a “state religion”.

• A secular Indian state was founded on the idea that it is concerned with the relationship between human being and human being, and not between human being and God, which is a matter of individual choice and individual conscience. Secularism in the Indian Constitution, therefore, is not a question of religious sentiment, but a question of law.

• The secular nature of the Indian state is secured by Articles 25-28 of the Constitution.

Other Important Articles Covering the same topic:

📍The history and debates about ‘socialist’ and ‘secular’ in the preamble of the Constitution

Previous year UPSC Prelims Question Covering similar theme:
10. The Preamble to the Constitution of India is (2020)
(a) a part of the Constitution but has no legal effect
(b) not a part of the Constitution and has no legal effect either
(c) a part of the Constitution and has the same legal effect as any other part
(d) a part of the Constitution but has no legal effect independently of other parts

PRELIMS ANSWER KEY

1. (b)  2. (a) 3. (d) 4. (b) 5. (a) 6. (b) 7. (c) 8. (b) 9.(b) 10.(d)

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