UPSC Key: H-1B visas, President’s Rule, and Dadasaheb Phalke Award

Preliminary Examination: Current events of national and international importance.

Mains Examination: General Studies-II, III: Bilateral, regional and global groupings and agreements involving India and/or affecting India’s interests, Indian economy.

What’s the ongoing story: In a major step targeting the H-1B visa programme, US President Donald Trump on Friday signed a proclamation that will raise the fee for such visas to USD 100,000 annually — thereby making it prohibitively expensive for tech companies to hire Indian professionals in the country.

Key Points to Ponder:

— What is the H-1B visa programme?

— How have Indians benefited from the H-1B visa?

— What are the issues related to the H-1B visa? What are the criticisms of H-1B visas?

— How does the H-1B visa programme affect diplomatic and trade relations between India and the United States?

— Why is the recent increase in the H-1B visa fee a matter of concern for India?

— What is a Green Card programme?

— What do you know about the Golden Card project of Trump?

— Read about the India-US trade deal negotiations.

— What are the implications of H-1B visa restrictions on global talent mobility?

— What is the General Agreement on Trade in Services (GATS)?

— What is the contribution of Indian Americans to US society and the economy?

Key Takeaways:

— This move—targeted at curbing the “abuse” of the H-1B visa regime—is potentially going to impact skilled Indian professionals.

— Indians are the biggest beneficiaries of the H-1B visa. Between October 2022 and September 2023, 72 per cent of the nearly 4 lakh visas issued under the H-1B programme went to Indian nationals. During the same period, the top four Indian IT majors with a presence in the US—Infosys, TCS, HCL, and Wipro—obtained approval for approximately 20,000 employees to work on H-1B visas, according to the latest data from the US Citizenship and Immigration Services (USCIS).

— The Trump administration said that the $100,000 fee is aimed at ensuring that the people being brought into the country are “actually very highly skilled” and do not replace American workers.

— The move is expected to significantly impact Indian technology workers who are hired by tech companies and others on H-1B visas. The visas are valid for three years and can be renewed for another three years.

— Trump also signed an executive order entitled ‘The Gold Card’, aimed at setting up a new visa pathway for foreigners of extraordinary ability who are committed to supporting the United States.

— Under the Gold Card programme, individuals who can pay USD 1 million to the US Treasury, or USD 2 million if a corporation is sponsoring them, will get access to expedited visa treatment and a path to a Green Card in the country.

From the Front Page “Why the visa roadblock will cast shadow on trade talks in US next week”

— Given that the average annual salary of an H-1B visa holder in the US is $66,000, the $100,000-annual fee announced by US President Donald Trump cripples a programme that most benefits the Indian diaspora. Significantly, it marks the first expansion of America’s protectionist stance from goods to the services sector.

— The visa move, just like the additional 25 per cent tariffs over Russian oil imports and the withdrawal of sanctions waiver granted to Chabahar port in Iran, largely impacts India.

— This comes barely days after a US team, led by Assistant US Trade Representative (USTR) for South and Central Asia Brendan Lynch, visited New Delhi, when India-US trade deal negotiations seemed to be slowly inching back towards the road to normalcy. More importantly, the visa proclamation is days before Commerce Minister Piyush Goyal is expected to visit the US next week.

— The visa order casts a shadow on these negotiations as India typically seeks better access to services-led developed countries under Mode 4. Under the General Agreement on Trade in Services (GATS), Mode 4 describes the supply of services through the movement of natural persons (individuals) from one World Trade Organisation’s (WTO) member country to another. Mode 4 was also a key ask during negotiations for a deal with the UK, but anti-immigration protests and Brexit resulted in little access for Indian IT workers in the UK under the trade deal.

— With the Trump administration beginning to impose fresh restrictions on the services sector, experts said that India’s IT industry could feel the brunt next, and this could impact the second middle-class revolution.

— India’s services sector continues to be a significant contributor to growth, accounting for about 55 per cent of the total size of the economy in FY24, as per the Economic Survey. The US is the largest importer of India’s service sector exports.

— The contribution of the services sector to overall growth has also increased significantly in the last decade, and globally, India’s services sector witnessed real growth of more than 6 per cent, with services exports constituting 4.4 per cent of the world’s commercial services exports.

From the Front Page “Huge fee can potentially kill H-1B, but Delhi keeps its fingers crossed”

— Just like the 50% tariffs endangers Indian goods and merchandise exports to the US, the $100,000 a year application fee for H-1B visas threatens to effectively kill the programme unless US President Donald Trump changes his mind and tweaks his order in the coming months.

— The government is clearly worried, and so are IT companies, both Indian and American. From technology and software to healthcare and biosciences, the move could severely disrupt a number of US industries, that rely on overseas workers. Similarly, it adversely affects most big Indian IT companies who have sent their engineers onsite to work with their global clients.

— The government, however, believes the move could offer a further boost to the growing Global Capability Centres (GCC) push in India, as several American companies could open such centres in the country to tap into its vast engineer base.

From the Economy Page “H-1B visa, Indian, and the immigration discourse in America: Decoding fee hike”

— With firms in the US hiring overseas talent now required to pay $100,000 annually for each H-1B visa, India-born workers—who make up over 70 per cent of all H-1B beneficiaries—could be the hardest hit. Now, technology companies in the US, including those headquartered in India, like Infosys and TCS, will find hiring through the H-1B programme far less attractive.

— To understand the criticism of H-1B visas, one has to look at immigration discourse in the US. Immigration is one of the most polarising political issues in the US. According to a YouGov poll from October, 14.6% registered voters felt it was the most important issue in the (then) upcoming election. This number was only 2.1% in 2012.

— People born in India are the largest beneficiaries of the H-1B program. Data from the US government show that Indians account for more than 70% of all H-1B petitions approved each year since 2015. People born in China come a distant second, hovering at the 12-13% mark since 2018.

— It is this dominance of Indians that has caught the attention of nativist MAGA Republicans who argue that Indians coming to the US to work in the tech industry are “stealing” American jobs and depressing wages.

— Central to this argument is the claim that the H-1B program, meant to attract top talent from around the world to the US, is misused by tech corporations to staff their low-to-mid level workforce for lesser pay than what Americans would demand. 

Do You Know:

— The H-1B visa programme allows US employers to hire immigrant workers in specialty occupations that require “a high level of skill” and “at least a bachelor’s degree”, according to the US Department of Labour. 

— The program was started in 1990, with the intention of helping “employers who cannot otherwise obtain needed business skills and abilities from the US workforce by authorising the temporary employment of qualified individuals who are not otherwise authorised to work in the United States”.

— The initial validity of the H-1B visa is up to three years. It can be extended once, for another three years, giving a total of up to six years in most cases.

— Currently, there is an annual numerical limit (regular cap) of 65,000 new statuses/ visas under this program each fiscal year, with an extra 20,000 visas available to those with a master’s degree or higher from a US university.

Other Important Articles Covering the same topic:

📍H-1B $100,000 entry fee explained: Who pays, who’s exempt, and what’s still unclear?

📍With a $100k price tag on H-1B visas, is it the end of Indians’ American dream?

UPSC Prelims Practice Question Covering similar theme:

(1) With reference to the H-1B visa program, consider the following statements:

1. It allows American employers to hire non-immigrant workers in specialty occupations that require a high level of skills.

2. There is no capping in the total number of new H-1B visas.

3. In the fiscal year 2023, Indians accounted for more than half of the total H-1B approvals.

Which of the statements given above is/are correct?

(a) 2 and 3 only

(b) 1 only

(c) 1 and 3 only

(d) 3 only

Previous year UPSC Mains Question Covering similar theme:

Indian diaspora has a decisive role to play in the politics and economy of America and European Countries.’ Comment with examples (UPSC CSE 2020)

 

GOVT & POLITICS

135 cases of President’s Rule, new party at helm 87 times after it was lifted 

Syllabus:

Preliminary Examination: Current events of national and international importance.

Main Examination: General Studies-II: Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure.

What’s the ongoing story: It’s been eight months now since President’s Rule was introduced in Manipur, with Prime Minister Narendra Modi calling for peace between the Meitei and Kuki-Zo communities during his brief visit to the state on September 13. It was the first time he visited the state since ethnic violence broke out in May 2023. During the recent Monsoon Session of Parliament, President’s Rule in Manipur was extended for another six months.

Key Points to Ponder:

— What are the constitutional provisions related to the President’s rule?

— What are the conditions given in the Constitution that can lead to the imposition of President’s Rule in a state?

— What are the historical instances of President’s Rule in India? How it impacts Centre-State relations.

— What was the Supreme Court’s judgement in S. R. Bommai vs Union of India (1994) and its implications for the imposition of President’s Rule?

— What are the consequences of the President’s rule?

— How does Article 356 of the Constitution maintain a balance between the unitary and federal features of the Constitution?

— Why is the president’s rule in Manipur imposed?

Key Takeaways:

— An analysis shows that since Independence, President’s Rule has been invoked 135 times, starting with 1953, and that after its revocation, the party in power before its imposition was dethroned 87 times. Of these, 69 times followed fresh elections. In other words, nearly two-third of the time, a new party came to power after revocation of President’s Rule.

— Punjab (including when parts of it were known as the Patiala and East Punjab States Union or PEPSU) has seen the most instances of the state government changing hands after President’s Rule was revoked, at seven.

— While Punjab saw relatively short stints of President’s Rule early on owing to political instability, it saw the longest spells in the 1980s and 1990s during the peak of militancy. Altogether, Punjab has been under President’s Rule nine times, for a total of 3,878 days, second only to J&K at 4,668 days.

— In terms of the total number of times, Manipur has seen the most stints of President’s Rule, at 11, followed by Uttar Pradesh at 10. While Punjab, J&K and Manipur all fought periods of militancy, in UP, it was political instability that led to President’s Rule.

— President’s Rule was first imposed in Manipur in 1967, ahead of elections to the then Union Territory’s first-ever Assembly. 

— Kerala was also the first state to get a non-Congress government in 1957, after the E M S Namboodiripad-led CPI came to power dethroning the Congress after a period of President’s Rule.

Do You Know:

— According to Article 356 (1) of the Indian Constitution, If the President, on receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation—

(a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or any body or authority in the State other than the Legislature of the State; 

(b) declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament; 

(c) make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of this Constitution relating to any body or authority in the State.

Other Important Articles Covering the same topic:

📍President’s rule imposed in Manipur: What is the provision, its history

Previous year UPSC Prelims Question Covering similar theme:

(2) Which of the following are not necessarily the consequences of the proclamation of the President’s rule in a State? (UPSC CSE 2017)

1. Dissolution of the State Legislative Assembly

2. Removal of the Council of Ministers in the State

3. Dissolution of the local bodies

Select the correct answer using the code given below:

(a) 1 and 2 only

(b) 1 and 3 only

(c) 2 and 3 only

(d) 1, 2 and 3

(3) If the President of India exercises his power as provided under Article 356 of the Constitution in respect of a particular State, then ( UPSC CSE 2018)

(a) the Assembly of the State is automatically dissolved.

(b) the powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament.

(c) Article 19 is suspended in that State.

(d) the President can make laws relating to that State.

 

EXPRESS NETWORK

Allahabad HC to UP DGP, Home dept: Remove caste from all FIRs, police files, frame new SOP

Syllabus:

Preliminary Examination: Current events of national and international significance

Mains Examination: General Studies-I, II: Indian Polity and Governance- Constitution of India, Public Policy, Rights Issues, Population and Associated Issues, Government Policies & Interventions, Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these schemes.

What’s the ongoing story: Taking serious note of police mentioning the caste of the complainants, accused and witnesses in documents like FIR, investigation and public records, the Allahabad High Court has directed the state’s Home Department and the DGP to frame and implement standard operating procedures by amending police manuals/regulation, if necessary, to prohibit caste disclosure in all police documents, barring cases lodged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Key Points to Ponder:

— What are the constitutional provisions for the protection of SC and ST?

— What is the caste system?

— What is caste and its historical basis in India?

— What is the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989?

— What is the socio-economic status of SC and ST in India?

— What initiatives have been taken by the government to safeguard the rights of SCs and STs?

Key Takeaways:

— The court also said that the justification offered by the DGP in this regard was detached from “the complex realities of Indian society and the demands of professional policing”.

– In a detailed order, the Bench of Justice Vinod Diwakar also suggested that the government prepare a framework for regulation or amendment in the Central Motor Vehicles Rules to ban the display of caste and caste-based slogans on private and public vehicles. It directed the RTO and the traffic department to get such signs removed and to impose heavy fines.

— The court also asked the government to make stricter provisions under the IT Act to flag and initiate action against content that glorifies caste and peddles hatred on social media.

— The court was hearing a petition filed by three persons, who were arrested on charges of peddling illicit liquor in an SUV and running a liquor smuggling gang in Etawah on April 29, 2023. They had approached the court with a prayer to quash the case and legal proceedings against them.

— While the court dismissed the petition, it took cognisance of the police mentioning their castes in the FIR and the police investigation.

— In an order on March 3, it directed the DGP to file a personal affidavit justifying the requirement and relevance of mentioning the caste of a suspect, or a group of persons named in an FIR, or during a police investigation, in a caste-ridden society where social divisions continue to influence law enforcement practices and public perception.

— In an order delivered on Tuesday and uploaded on Saturday, the court said, “The DGP’s affidavit emphasised three key justifications: first, the identification of the accused by caste name is done to avoid any confusion about the identity of the accused; second, the contents of the formats (annexed with the affidavit) may be amended either by the Union Government or the National Crime Records Bureau; and third, the police do not discriminate with accused persons on the basis of their caste or religion and conduct the investigation as per the procedure established by law. So far as the caste is concerned, the police (use a) scientific method of investigation (and caste) has no impact on the psyche of the law enforcement agencies.”

— However, the HC said, “The court is not impressed with the justification offered by the Director General of Police. In the court’s view, the DGP… appears to have little exposure to the complex realities of Indian society and the demands of professional policing. True legal and professional acumen necessarily requires an understanding of society – its nature, its functioning, and its constitutional values. Yet, despite holding the state’s highest police office, he conducted himself like an ivory-tower policeman, detached from constitutional morality, and eventually retired merely as a bureaucrat in uniform.”

— The court said that such insensitivity on the part of the state’s highest police authority compelled it to engage in a “deeper deliberation on the larger issue of caste-based prejudices”, leading it to issue recommendations to various departments of the Centre and specific directions to the UP government.

— The court directed the Registrar (Compliance) to send a copy of the order to the Chief Secretary, Uttar Pradesh, who, in turn, shall place it before the Chief Minister. The directions shall be applicable in the territorial jurisdiction of Uttar Pradesh and are optional for the central government, as it was not before this court, the order added.

— The court directed the UP government to ensure that entries in the paragraph and column pertaining to the requirement of caste or tribe shall be deleted, and the mother’s name shall be added along with the name of the father and the husband in all formats.

Do You Know:

— The word ‘caste’ is often used to describe India’s unique social system. While social arrangements producing similar effects have existed in other parts of the world, the exact form has not been found elsewhere. According to the NCERT, “the word ‘caste’ refers to a broad institutional arrangement that in Indian languages is referred to by two distinct terms, varna and jati.”

— Varna (literally ‘colour’) is the name given to a four-fold division of society into—Brahmins, Kshatriyas, Vaishyas, and Shudras—with the “untouchables” placed outside and below this hierarchy. Jati is the word generally used to refer to the institution of caste in Indian languages.

Other Important Articles Covering the same topic:

📍UPSC Issue at a Glance | From Caste to its Census: What you must know for UPSC Exam

Previous year UPSC Mains Question Covering similar theme:

What are the two major legal initiatives by the State since Independence addressing discrimination against Scheduled Tribes (STs). (UPSC CSE 2017)

55 trains cancelled, many diverted as Kurmis reignite protest for ST status

Syllabus:

Preliminary Examination: Indian Polity and Governance – Constitution, Political System, Public Policy, Rights Issues.

Mains Examination: General Studies-II: Constitution of India —significant provisions, Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these schemes; mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.

What’s the ongoing story: Protests by Kurmi organisations for scheduled tribe status have led to several trains being stalled, diverted, short-terminated or cancelled in West Bengal. This comes as the umbrella Kurmi organisation Adivasi Kurmi Samaj – which called the protest – accused the police of detaining some of its leaders.

Key Points to Ponder:

— What are the scheduled tribes?

— What are the constitutional and legal provisions governing the inclusion of communities in the Scheduled Tribes list?

— Who are the Kurmis?

— What is the demand of the Kurmi community regarding Scheduled Tribe status?

— What are the other communities demanding for Scheduled Tribe status?

— What are the implications of the demand for Scheduled Tribe status by communities?

— What is the Eighth Schedule of the Constitution and its significance?

Key Takeaways:

— Kurmi organisations have called rail blockades in the states of West Bengal, Jharkhand and Odisha to demand scheduled tribe status, with several trains – including express and Vande Bharat – being affected. Although there were no rail blockades in West Bengal following a high court ban, protests in Jharkhand affected trains in the state.

— The Adivasi Kurmi Samaj has called for an indefinite rail and road blockade in Jhargram, Banukra, Paschim Medinipur and Purulia districts of West Bengal — apart from holding protests in parts of neighbouring Jharkhand and Odisha — from September 20 to demand scheduled tribe status and the inclusion of their language, Kurmali, in the Eighth Schedule of the Constitution.

— The Eighth Schedule of the Indian Constitution recognizes 22 scheduled languages.

On September 18, Calcutta High Court declared the rail and road blockade programme of Kurmis as illegal and unconstitutional.

— Kurmis were included among the communities classified as STs in the 1931 Census and were excluded from the ST list in 1950. In 2004, the Jharkhand government recommended the community be added to the ST list rather than be categorised as OBCs.

Do You Know:

— The Eighth Schedule to the Constitution of India lists the languages officially recognised by the Government of India. Articles 344(1) and 351 of the Constitution contain provisions relating to the Eighth Schedule.

— Article 344 (1) provides for the constitution of a Commission by the President on expiration of five years from the commencement of the Constitution and thereafter at the expiration of ten years from such commencement, which shall consist of a Chairman and such other members representing the different languages specified in the Eighth Schedule to make recommendations to the President for the progressive use of Hindi for official purposes of the Union.

— 22 languages have been classified under the Eighth Schedule to the Constitution. Initially, however, the Eighth Schedule included 14 languages: Assamese, Bengali, Gujarati, Hindi, Kannada, Kashmiri, Malayalam, Marathi, Oriya (renamed to Odia in 2011), Punjabi, Sanskrit, Tamil, Telugu, and Urdu.

— Over time, the Schedule expanded beyond the original 14 languages to include Bodo, Dogri, Konkani, Maithili, Manipuri, Nepali, Santhali, and Sindhi, bringing the total to 22.

— Sindhi was added through the 21st Amendment Act of 1967; Konkani, Manipuri, and Nepali were added by the 71st Amendment Act of 1992; and Bodo, Dogri, Maithili, and Santhali were included through the 92nd Amendment Act of 2003.

Other Important Articles Covering the same topic:

📍Knowledge Nugget | Eighth Schedule of Constitution: A must-know for UPSC Exam

📍Kurmis revive the agitation for ST status: Everything you need to know

Previous year UPSC Prelims Question Covering similar theme:

(4) The Constitution (71st Amendment) Act, 1992 amends the Eighth Schedule to the Constitution to include which of the following languages? (UPSC 2024)

1. Konkani

2. Manipuri

3. Nepali

4. Maithili

Select the correct answer using the code given below:

(a) 1, 2 and 3

(b) 1, 2 and 4

(c) 1, 3 and 4

(d) 2, 3 and 4

Veteran actor Mohanlal to get Dadasaheb Phalke Award 

Syllabus:

Preliminary Examination: Current events of national importance.

Mains Examination: General Studies-II: Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

What’s the ongoing story: Malayalam superstar Mohanlal will be honoured with the Dadasaheb Phalke Award for 2023 for his services to cinema, the government announced on Saturday.

Key Points to Ponder:

— What is the Dadasaheb Phalke Award? What is its origin and significance?

— Who is known as the “Father of Indian Cinema”?

— Who was Dadasaheb Phalke?

— What are the criteria and selection process of the Dadasaheb Phalke Award?

— Which institution is responsible for conferring the Dadasaheb Phalke Award?

— Who are the other recipients of the Dadasaheb Phalke Award?

Key Takeaways:

— The Ministry of Information and Broadcasting shared on social media, “On the recommendation of the Dadasaheb Phalke Award Selection Committee, the Government of India is pleased to announce that Shri. Mohanlal will be conferred the prestigious Dadasaheb Phalke Award 2023. Mohanlal’s remarkable cinematic journey inspires generations! The legendary actor, director, and producer is being honoured for his iconic contribution to Indian Cinema. His unmatched talent, versatility, and relentless hard work have set a golden standard in Indian film history.”

— Prime Minister Narendra Modi hailed Mohanlal as a leading light of Malayalam cinema who epitomises excellence and versatility. “May his accomplishments continue to inspire generations to come,” Modi said on X.

— Mohanlal made his debut in the 1978 Malayalam film Thiranottam. He was honoured with the Padma Shri in 2001, and the Padma Bhushan in 2019. Mohanlal has won five National Film Awards.

Do You Know:

— The  Dadasaheb Phalke Award was constituted in 1969, to commemorate the contribution of filmmaker Dadasaheb Phalke to Indian cinema. Phalke directed India’s first full-length feature film, Raja Harishchandra, in 1913, laying the foundation of the biggest film industry in the world.

— The Award comprises a Swarna Kamal (Golden Lotus) medallion, a shawl, and a cash prize of Rs 10 lakh. The first recipient was Devika Rani, who is widely acknowledged as the ‘First Lady of Indian cinema’, and was a pioneering force behind some of the earliest successful films in India through her production house Bombay Talkies.

Other Important Articles Covering the same topic:

📍Dadasaheb Phalke: A brief history of the Father of Indian cinema; a man of many talents

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