The India Employment Report 2024, a joint undertaking by the Institute for Human Development (IHD) and the International Labour Organization (ILO), sheds light on critical trends in India's labour market, particularly concerning youth employment. 

• Shifting Employment Landscape: The report highlights a slowdown in the transition from farm to non-farm employment. This indicates a growing number of individuals resorting to self-employment and unpaid family work, with women constituting a significant portion of this shift.
• Youth Employment Concerns: The report reveals a worrying trend of rising unemployment among young people, especially those with secondary education or higher. This issue is further compounded by the fact that youth employment often entails poorer quality jobs compared to adult employment. Stagnant or declining wages, alongside a higher prevalence of unpaid family work among youth, paint a concerning picture.
• Educated Yet Unemployed: The report emphasizes the growing concentration of unemployment among educated youth, particularly women in urban areas. The share of educated unemployed youth within the total unemployed population has risen significantly, from 54.2% in 2000 to 65.7% in 2022.
• Policy Recommendations: The report underscores the need for economic policies that prioritize boosting productive non-farm employment, particularly in the manufacturing sector. Given India's projected addition of 7-8 million youths to the workforce annually, labour-intensive manufacturing holds immense potential for absorbing the large pool of unskilled labour. The report also advocates for supporting micro, small, and medium-sized enterprises (MSMEs) through a decentralized approach that leverages digitalization, artificial intelligence, and cluster-based manufacturing strategies.
• Quality Job Creation and Urbanization: The report emphasizes the importance of improving job quality by investing in and regulating sectors like the care economy and the digital economy, which are expected to be significant sources of employment for young people. With India anticipating a rise in urbanization and migration, the report calls for inclusive urban policies that cater to the needs of migrants, women, and young people from underprivileged backgrounds.
• Bridging the Skills Gap: The report highlights the crucial role of skills development and active labour market policies (ALMPs) in effectively bridging the gap between job supply and demand. It emphasizes the need for a more prominent role for state governments, stronger partnerships with the private sector and other stakeholders, and a more targeted approach with a larger contribution from the private and non-state sectors.
• Focus on Knowledge and Action: The report concludes by underlining five key policy areas demanding further action:

1. 1. Promoting job creation
   2. Improving employment quality
   3. Addressing labour market inequalities
   4. Strengthening skills and active labour market policies
   5. Bridging the knowledge gap on labour market patterns and youth employment

3. Employment Rate (ER) and Unemployment Rate (UER)

Both the Employment Rate (ER) and Unemployment Rate (UER) are crucial statistics used to gauge the health of a country's labour market. 

Employment Rate (ER)

• The ER represents the percentage of the working-age population that is currently employed. It essentially reflects the share of people actively contributing to the economy through paid work.
• Calculation:

• • ER = (Number of employed people) / (Total working-age population) x 100

• Example: If a country has 100 million working-age adults and 65 million are employed, the ER would be (65 million / 100 million) x 100 = 65%.
• A high ER indicates a robust economy with a large portion of the population actively participating in the workforce. Conversely, a low ER suggests a sluggish economy with fewer employment opportunities.

Unemployment Rate (UER)

• The UER represents the percentage of the labour force (people actively looking for work) that is currently unemployed. It essentially reflects the portion of the workforce unable to find employment.
• Calculation: UER = (Number of unemployed people) / (Total labour force) x 100
• Labor Force refers to the working-age population that is either employed or actively seeking employment (unemployed).
• Example: If a country has a total labour force of 70 million and 7 million are unemployed, the UER would be (7 million / 70 million) x 100 = 10%.
• A low UER signifies a strong labour market with ample job opportunities for those seeking work. Conversely, a high UER indicates a weak labour market with many individuals unable to find employment.

Key Differences

• Focus: ER focuses on the employed population, while UER focuses on the unemployed population within the labour force.
• Data Used: ER uses the total working-age population, whereas UER uses the labour force (employed + unemployed).
• Interpretation: A high ER is generally positive, while a high UER is negative for the economy.

5. Centre for Monitoring Indian Economy (CMIE)-Role

The Centre for Monitoring the Indian Economy (CMIE) is an independent think tank and research organization that plays a significant role in providing economic and business information, analysis, and research in India. It is not directly affiliated with any specific ministry or government organization but operates as a private entity focused on economic data and analytics. 

Role of CMIE

• Data Collection and Analysis: CMIE collects and analyzes data related to various economic indicators, including employment, unemployment, industrial output, consumer sentiment, business activity, and economic trends.
• Economic Research: It conducts economic research, surveys, and studies to provide insights into India's economic performance, sectoral trends, and policy implications.
• Publication of Reports: CMIE publishes reports, indices, and economic indicators that are widely used by policymakers, businesses, researchers, and the general public to understand and assess economic conditions and trends in India.
• Forecasting and Projections: CMIE also engages in economic forecasting and projections, offering assessments of future economic scenarios based on current data and trends.

Organizational Structure

• CMIE operates as an independent private organization and is not under the purview of any specific ministry or government department.
• It functions as a research and data analytics firm, providing services to various stakeholders including government agencies, businesses, financial institutions, media organizations, and academic institutions.

Data and Surveys

• One of CMIE's notable contributions is its regular surveys and data collection efforts, especially in areas such as employment and unemployment. CMIE's data on the unemployment rate and labour market dynamics are widely referenced and used for economic analysis and policy discussions.
• CMIE's surveys and databases often cover a wide range of economic and social parameters, providing comprehensive insights into India's economic landscape.

Role in Economic Policy and Analysis

• CMIE's research and data play a role in informing economic policy discussions, debates, and decision-making processes in India. Its reports and analyses contribute to the understanding of economic challenges, opportunities, and potential policy interventions.
• Policymakers, economists, researchers, and business leaders rely on CMIE's data and analysis to assess economic performance, monitor trends, and formulate strategies for economic growth and development.

6. Reasons for the rise in Unemployment Rate

The rise in the unemployment rate can be attributed to various economic, social, and structural factors.

• Economic Recession or Slowdown: During economic downturns or recessions, businesses may cut back on hiring or even lay off employees due to reduced demand for goods and services. This leads to an increase in unemployment as job opportunities become scarce.
• Technological Advancements: Automation, artificial intelligence, and technological advancements in various industries can lead to job displacement and reduce the demand for certain types of labour. This structural shift in the economy can contribute to higher unemployment rates, especially among workers whose skills are no longer in demand.
• Structural Unemployment: This type of unemployment occurs due to a mismatch between the skills possessed by job seekers and the skills demanded by employers. For example, if there is a surplus of workers with certain qualifications but a shortage of jobs requiring those skills, structural unemployment can increase.
• Cyclical Factors: Economic cycles, such as booms and busts, can affect the level of unemployment. During economic expansions, unemployment tends to decrease as businesses expand and hire more workers. Conversely, during economic contractions or downturns, unemployment tends to rise.
• Globalization and Outsourcing: Increased global trade and outsourcing of jobs to lower-cost countries can impact employment opportunities domestically. Industries that face intense international competition may reduce their workforce or move operations abroad, contributing to higher unemployment rates in certain sectors.
• Decline in Specific Industries: Shifts in consumer preferences, changes in technology, or regulatory factors can lead to the decline of certain industries. Workers in these declining industries may experience job losses, contributing to overall unemployment.
• Policy Changes: Changes in government policies related to labour, taxation, regulations, or trade can influence employment levels. For example, policy shifts that make it more costly for businesses to hire or retain workers may lead to layoffs or reduced hiring.
• Education and Skills Gap: A mismatch between the skills and qualifications of job seekers and the skills demanded by employers can result in higher unemployment rates, particularly among those with limited education or outdated skills in a rapidly evolving job market.
• Labor Market Frictions: Factors such as geographic mobility barriers, lack of information about job opportunities, inefficiencies in matching workers with suitable jobs, and wage rigidity can create frictions in the labour market and contribute to unemployment.
• Demographic Changes: Population growth, changes in the age distribution of the workforce (such as an ageing population), and shifts in labour force participation rates can impact overall unemployment rates over time.

7. About Labour Force and Labour Force participation rate (LFPR)

The labour force represents the economically active population of a country. It encompasses all individuals who are either employed or actively seeking employment. 

• Employed: Individuals who have a job or are working for pay or profit, including full-time, part-time, and temporary workers.
• Unemployed: Individuals who are currently without a job but are actively looking for work and available to work. This includes people who have recently been laid off and are actively searching for new jobs.

Labour Force Participation Rate (LFPR)

The LFPR is a key economic indicator that measures the percentage of the working-age population that is actively participating in the labour force. It essentially reflects the share of the working-age population that is either employed or unemployed but actively seeking work.

Calculation of LFPR

LFPR = (Labour Force) / (Working-Age Population) x 100

Working-Age Population: This refers to the segment of the population that is considered old enough and able to work. The specific age range may vary slightly between countries, but it typically falls between 15 and 64 years old.

Interpretation of LFPR

• A high LFPR indicates a large portion of the working-age population is engaged in the labour market, either through employment or active job search. This can be seen as a positive sign for a country's economy as it suggests a high level of economic activity.
• A low LFPR indicates a smaller proportion of the working-age population is participating in the labour market. This could be due to various reasons, such as a large number of retirees, students, discouraged workers who have stopped looking for work, or a lack of job opportunities.

Importance of LFPR

The LFPR is a valuable metric for policymakers and economists as it provides insights into the health of a country's labour market. It can be used to:

• Assess the availability of labour for businesses
• Evaluate the effectiveness of employment policies
• Understand workforce trends and demographics
• Identify potential labour shortages or surpluses in specific sectors

8. The latest findings about the Female Labour Force Participation Rate

• A recent report by the Ministry of Statistics and Programme Implementation (October 2023) based on the Periodic Labour Force Survey (PLFS) 2022-23 shows a significant increase in FLFPR.
• The report indicates a jump of 4.2 percentage points, pushing the FLFPR to 37.0% in 2023. This is a positive sign, suggesting more women are entering the workforce.
• Despite the increase, the FLFPR for females remains considerably lower than the rate for males in India.
• There might be a shift towards more women in informal work or unpaid family work, which isn't fully captured in official statistics.
• Quality of jobs for women: Reports suggest an increase in the proportion of women in salaried work but with limited social security benefits. This might indicate a rise in precarious or low-paying jobs for women.

9. The Way Forward

By implementing the strategies, India can work towards creating a more inclusive, equitable, and sustainable labour market that provides meaningful employment opportunities for all segments of society.

 

Source: The Indian Express

 

H5N1

1. Context 

Since 2020, a highly pathogenic type of bird flu, H5N1, has been spreading across the globe, posing an existential threat to birds and wildlife. The virus has infected birds in more than 80 countries (as of December 2023) and resulted in culling of millions of chickens and turkeys at commercial poultry farms

2. Avian Influenza

• Avian Influenza, also known as Avian or Bird Flu, is a form of influenza caused by a virus found in birds.
• Avian Flu is similar to variants found in animals and humans – caused strains of influenza that have adapted to specific hosts.

3. Avian Influenza Type A viruses

• Type A viruses are classified based on two proteins on their surfaces – Hemagglutinin (HA) and Neuraminidase (NA). There are about 18 HA subtypes and 11 NA subtypes.
• Several combinations of these two proteins are possible e.g., H5N1, H7N2, H9N6, H17N10, H18N11, etc.
• All known subtypes of influenza A viruses can infect birds, except subtypes H17N10 and H18N11, which have only been found in bats.

Image Source: The Hindu

4. Effect on Birds

• Although avian influenza has different subtypes, H5N1 is a highly pathogenic subtype that causes mortality in birds.
• Since 2022, the virus has infected over 100 million birds across the globe, resulting in the deaths of over 50 million and the culling of millions of poultry.
• Unlike previous outbreaks of highly pathogenic subtypes of avian influenza, H5N1 is heavily impacting wild bird species, including many which were on the verge of extinction. 
• While it is difficult to ascertain how many wild birds have been affected by the virus, a significant impact has been seen in eagles, pelicans, geese, waterfowl, gulls, falcons, and shorebirds, in addition to the highest possible impact on poultry seen till date, at least in the U.S.
• The impact of H5N1 on wild bird populations has varied depending on several factors, such as the level of exposure, geographical locations, and migratory patterns of the affected species. 
  
• High mortality in wild birds due to the virus could lead to significant ecological consequences, including the vulnerability of predators and alterations in species composition in affected ecosystems, and therefore a possible impact on biodiversity not just limited to avian species. 
• It has raised concerns regarding the spread of the virus among critically endangered avian populations.  

5. Spreading to animals

• The highly contagious H5N1 virus can also occasionally spill over from birds to animals through direct or indirect contact with infected birds or their droppings. 
  
• Worryingly, there have been several reports on the spillover of H5N1 to mammals during the current outbreak from different countries, infecting species such as sea lions, minks, foxes, wild bears, and skunks, apart from domestic animals such as dogs and cats.
• In 2023 alone, H5N1 caused the deaths of over 3,000 sea lions in Peru. In a recent yet ­to­ be peer ­reviewed study, scientists found that the virus could efficiently spread between ferrets in the laboratory.
  
• The only known cases of the virus spreading between mammals were reported in minks that were raised in close confinement on a farm in Spain.
• The transmission of H5N1 from birds to mammals is rare, but when it does occur, it can be a cause for concern, as the virus could accumulate mutations and acquire the ability to potentially initiate human outbreaks.
• H5N1 has a high mortality rate of over 60% in humans and is primarily transmitted to humans through close contact with infected birds or animals, either through handling infected poultry or exposure to contaminated environments.

6. Enhanced Measures

• As the current H5N1 outbreak continues unabated with devastating impact on the avian population globally, and with significant ecological and economic consequences, the time has never been better to initiate efforts for preparedness towards building better, more efficient vaccines for avians and humans.
• Genomic surveillance should be done to map the continued evolution of the virus.
• Moreover, enhanced biosecurity measures are required to protect both animal and public health.

For Prelims: Avian influenza H5N1, Bird Flu, Hemagglutinin (HA) and Neuraminidase (NA), influenza A viruses, Genomic surveillance, Pathogens, and Viruses.

Previous year Questions

1. H1N1 virus is sometimes mentioned in the news with reference to which one of the following diseases? (UPSC 2015) A. AIDS B.  Bird flu C.  Dengue D.  Swine flu Answer: D 2. Consider the following statements : (UPSC 2010) 1. Every individual in the population is an equally susceptible host for Swine Flu. 2. Antibiotics have no role in the primary treatment of Swine Flu. 3. To prevent the future spread of Swine Flu in the epidemic area, the swine (pigs) must all be culled. Which of the statements given above is/are correct? A. 1 and 2 only B. 2 only C. 2 and 3 only D. 1, 2 and 3 Answer: A 3. Which of the following statements is/are correct? (UPSC 2013) 1. Viruses lack enzymes necessary for the generation of energy. 2. Viruses can be cultured in any synthetic medium. 3. Viruses are transmitted from one organism to another by biological vectors only. Select the correct answer using the codes given below. A. 1 only B. 2 and 3 only C. 1 and 3 only D. 1, 2 and 3 Answer: A

Source: The Hindu

 

KRISHI INTEGRATED COMMAND AND CONTROL CENTRE (ICC)

 

 

1. Context

 

Earlier this month, Agriculture Minister Arjun Munda inaugurated a Krishi Integrated Command and Control Centre (ICCC) set up at Krishi Bhavan in New Delhi, a big-screen dashboard of all digital innovations in the sector

 

2. What is the Krishi ICCC?

 

The ICCC represents a technological solution incorporating various IT applications and platforms, aimed at facilitating well-informed decision-making processes. Situated within the Ministry of Agriculture & Farmers’ Welfare, which oversees legislative activities, policy formulation, and the implementation of agricultural initiatives, the center utilizes cutting-edge technologies including artificial intelligence, remote sensing, and Geographic Information Systems (GIS) to gather and analyze extensive datasets. These datasets encompass diverse parameters such as temperature, rainfall, wind speed, crop yields, and production estimates, which are then visualized in graphical formats for enhanced comprehension

 

3. What is the objective of the ICCC?

• The ICCC aims to facilitate comprehensive monitoring of the agricultural sector by aggregating geospatial information from various sources.
• These sources include remote sensing, plot-level data obtained through soil surveys, weather data from the India Meteorological Department (IMD), sowing data from Digital Crop Survey, farmer- and farm-related information from Krishi MApper (an application for geo-fencing and geo-tagging of land), market intelligence from the Unified Portal for Agricultural Statistics (UPAg), and yield estimation data from the General Crop Estimation Survey (GCES).
• By integrating and visualizing this diverse array of data, the ICCC enables swift and effective decision-making processes. Additionally, there are plans to establish connectivity between the ICCC ecosystem and the PM-Kisan chatbot in the future

4. Practical Applications 

 

The Krishi Integrated Command and Control Centre (ICCC) has several practical applications that can significantly benefit the agricultural sector.

 

Some of these applications include:

• The ICCC can be used for real-time monitoring of crops through various data sources such as remote sensing, weather data, and plot-level information. This enables farmers and agricultural authorities to assess crop health, identify areas of concern (such as pest infestations or water stress), and take timely action to mitigate risks and optimize yields
• By integrating data on soil health, weather patterns, and crop growth stages, the ICCC facilitates precision agriculture practices. Farmers can receive tailored recommendations for optimal planting times, irrigation schedules, and fertilizer application, leading to improved resource efficiency and crop productivity
•  The ICCC utilizes weather data from sources like the India Meteorological Department (IMD) to provide accurate forecasts and early warnings for adverse weather events such as cyclones, droughts, or heavy rainfall. This information enables farmers to take proactive measures to protect their crops and minimize losses
• Through the integration of market intelligence data, including crop prices and demand-supply dynamics, the ICCC can provide farmers with valuable insights into market trends. This helps farmers make informed decisions regarding crop selection, timing of harvest, and marketing strategies, thereby maximizing their profitability
• The ICCC assists in optimizing resource allocation by analyzing data on factors such as soil moisture levels, crop water requirements, and available irrigation infrastructure. This allows for more efficient use of water resources, reduced environmental impact, and cost savings for farmers
• By consolidating data on various aspects of the agricultural sector, the ICCC can support evidence-based policy formulation and governance decisions. Government authorities can use insights derived from the ICCC to design targeted interventions, allocate resources effectively, and address systemic challenges in agriculture
• The ICCC serves as a platform for delivering extension services and advisory support to farmers. Through mobile applications like Krishi MApper, farmers can access personalized recommendations, training materials, and market information, empowering them to adopt best practices and improve their livelihoods

5. Way Forward

 

Krishi Integrated Command and Control Centre (ICCC) plays a pivotal role in modernizing agriculture, enhancing productivity, and ensuring the sustainability of farming practices through data-driven decision-making and technology-enabled interventions

 

 

 

Previous Year Questions 1. Consider the following statements: (UPSC CSE 2017) The nation-wide ‘Soil Health Card Scheme’ aims at expanding the cultivable area under irrigation. enabling the banks to assess the quantum of loans to be granted to farmers on the basis of soil quality. checking the overuse of fertilizers in farmlands. Which of the above statements is/are correct? (a) 1 and 2 only (b) 3 only  (c) 2 and 3 only  (d) 1, 2 and 3 Answer: (b)

Source: Indianexpress

LALITA KALA AKADEMI

 

 

 

1. Context

IN AN unprecedented move, the Ministry of Culture has curtailed the powers of the Lalit Kala Akademi (LKA) Chairman, V Nagdas, barring him from taking any “administrative actions”, including on matters related to “appointment, recruitment, transfer, disciplinary action and financial decisions”, without consulting the ministry

 

2. Lalit Kala Akademi

 

Lalit Kala Akademi (LKA) is India's National Academy of Art, primarily focused on promoting and encouraging the development of visual arts in the country

India's National Academy of Art. It was established by the Government of India in New Delhi in 1954 to promote and propagate understanding of Indian art, both within the country and internationally.

The Akademi serves as a vital platform for artists, sculptors, and visual artists across the nation, providing them with opportunities for exhibitions, scholarships, workshops, and fellowships. It aims to foster the development of contemporary Indian art while also preserving the rich cultural heritage of the country

3. What is the function of Lalit Kala Academy?

The function of Lalit Kala Akademi, or Lalit Kala Academy, revolves around the promotion, development, and preservation of visual arts in India.

Here are the key functions of Lalit Kala Akademi:

• Lalit Kala Akademi works to promote artistic creativity and innovation across various forms of visual arts, including painting, sculpture, printmaking, photography, and new media
• The Akademi encourages artists by providing them with platforms to exhibit their works, participate in competitions, and engage with fellow artists through workshops, seminars, and symposiums
•  Lalit Kala Akademi offers financial assistance to artists through grants, scholarships, fellowships, and awards. This support enables artists to pursue their creative endeavors, conduct research, and enhance their skills
• The Akademi documents and publishes literature on art and artists, including books, journals, catalogues, and monographs. These publications contribute to the documentation and dissemination of knowledge about Indian art and culture
•  Lalit Kala Akademi organizes exhibitions, art camps, cultural events, and outreach programs to showcase the works of artists, facilitate cultural exchange, and engage with the broader public
• Through initiatives such as the National Awards, Lalit Kala Akademi recognizes and honors outstanding artists for their contributions to the field of visual arts. These awards provide recognition and encouragement to talented artists
• Lalit Kala Akademi promotes cultural exchange and collaboration by organizing international exhibitions, workshops, residencies, and collaborations with artists and institutions from around the world
• The Akademi works to preserve India's artistic heritage by supporting efforts to conserve traditional art forms, techniques, and craftsmanship, as well as by promoting awareness and appreciation of cultural heritage

4. What is the contribution of Lalit Kala Academy?

 

Lalit Kala Akademi, through its various activities and initiatives, has made significant contributions to the development, promotion, and preservation of visual arts in India.

 

Here are some key contributions of Lalit Kala Akademi:

• Lalit Kala Akademi provides a platform for artists to showcase their talent, gain recognition, and connect with the wider artistic community. Through exhibitions, workshops, and seminars, the Akademi promotes artistic endeavor and encourages creative expression
• The Akademi offers financial assistance to artists in the form of grants, scholarships, fellowships, and awards. This support enables artists to pursue their artistic goals, undertake projects, and further their professional development
• Lalit Kala Akademi confers prestigious awards, such as the National Awards, to recognize outstanding artists for their contributions to the field of visual arts. These awards not only honor artistic excellence but also provide motivation and encouragement to artists across the country
• The Akademi fosters cultural exchange and collaboration by organizing exhibitions, workshops, and residencies with artists and institutions from around the world. These initiatives promote cross-cultural dialogue, enrich artistic practices, and enhance the global visibility of Indian art
•  Lalit Kala Akademi documents and publishes literature on art and artists, including books, journals, catalogues, and monographs. These publications contribute to the documentation, research, and dissemination of knowledge about Indian art and culture
• The Akademi supports efforts to preserve India's artistic heritage by promoting awareness of traditional art forms, techniques, and craftsmanship. Through initiatives like workshops and exhibitions, Lalit Kala Akademi helps in the conservation and revival of endangered art forms
•  Lalit Kala Akademi engages in educational activities and outreach programs to promote art appreciation, creativity, and cultural understanding among diverse audiences. These initiatives aim to foster a deeper appreciation for the visual arts and their role in society

5. Way Forward

 

Lalit Kala Akademi serves as a vital institution in India's cultural landscape, playing a pivotal role in fostering artistic creativity, supporting artists, promoting cultural exchange, and preserving the rich heritage of Indian art

 

 

For Prelims: Indian Polity and Governance, Art& Culture For Mains: Gneral Studies I: Art & Culture General Studies II: Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

 

Source: indianexpress

GOVERNOR'S ASSENT TO STATE LAWS 

 

 

 

 

1. Context

 

The Kerala government challenged the President and Governor in the Supreme Court. The state claims President Murmu withheld assent to four bills without explanation, while Governor Khan delayed approval of seven others for up to two years before referring them to the President. Kerala argues this referral is unconstitutional and seeks a court ruling.

 

2. Conflict Over Governors' Assent to Bills

• In the ongoing conflict between states governed by opposition parties and their Governors appointed by the President on the Centre's advice, a recent development has emerged.
• Over the past year, several states, including Kerala, Tamil Nadu, Telangana, and Punjab, have taken legal recourse by approaching the Supreme Court regarding Governors withholding assent to Bills for extended periods.
• This situation underscores a larger issue concerning the balance of powers and the functioning of state legislatures within India's federal structure.

3. Governor's Role in Lawmaking

• Article 200 of the Constitution delineates the role of the Governor in the legislative process. After a Bill has been passed by the state legislature, it must be presented to the Governor. Subsequently, the Governor holds three options: to give assent to the Bill, withhold assent, or reserve the Bill for consideration by the President.
• In cases where assent is withheld, Article 200 allows the Governor to return the Bill to the legislature, accompanied by a message requesting reconsideration of the Bill or specific provisions. If the Bill is passed again by the legislature, with or without amendments, and presented to the Governor for assent, the Governor is obligated to grant assent.
• However, the absence of a stipulated timeline in the article has led to ambiguity and disputes. Governors have frequently withheld assent to Bills for prolonged periods, leaving them and the state legislature in a state of uncertainty. This lack of clarity has prompted states to seek intervention from the Supreme Court to resolve the issue.

 

4. President's Role in the Legislative Process

• Article 201 of the Constitution outlines the role of the President in the legislative process, particularly when a Bill is sent for consideration after being passed by a state legislature.
• If a Bill is sent to the President for consideration, the President can choose to either give assent or withhold assent, as specified in Article 201.
• In cases where assent is withheld, the President requests the Governor to return the Bill to the state legislature for reconsideration.
• The state government then has a period of six months to reconsider the Bill; failing to do so results in the Bill lapsing.
• If the Bill is reconsidered and passed once again by the state legislature, it must be sent back to the President for assessment.
• Unlike the Governor, the President is not obliged to give assent when reviewing the reconsidered Bill.
• This scenario represents the only instance where state governments do not have the final say in their own lawmaking process, as the decision ultimately rests with the President.

 

5. Issues Raised by the Kerala Government

The Kerala government has raised significant concerns regarding the actions of Governor Khan and President Murmu, terming them as "manifestly arbitrary" actions that violate fundamental rights and constitutional provisions.

• The petition filed by the Kerala government argues that the actions of Governor Khan and President Murmu are "manifestly arbitrary," indicating unreasonable and irrational decision-making. This characterization points to a violation of the right to equality, as such actions lack justification and fairness.
• The Kerala government's petition asserts that the decision to keep Bills pending without making a prompt decision violates Article 200 of the Constitution. The provision mandates that the Governor should decide on Bills "as soon as possible" after presentation. By not adhering to this requirement, the Governor's actions are seen as undermining the functioning of the state legislature and rendering it ineffective.
• The petition further argues that the prolonged withholding of assent by the Governor has subverted the functioning of the state legislature, rendering it ineffective and serving no practical purpose. This challenges the essence of legislative processes and the role of the Governor in the lawmaking procedure.
• Regarding President Murmu's decision to withhold assent to four Bills without providing reasons, the Kerala government contends that this action violates Article 201 of the Constitution. Article 201 stipulates that the President should return a Bill with recommended amendments if the assent is withheld, emphasizing the need for transparency and reasons for such decisions.

 

6. Governors' Actions and State Governments' Responses

Several states have encountered challenges related to Governors' actions in withholding assent to Bills and other matters, leading to disputes and legal interventions.

• Tamil Nadu's Experience: In November last year, the Supreme Court expressed concern over Tamil Nadu Governor R N Ravi withholding assent to 10 Bills enacted by the state legislature, some pending since January 2020. This action was criticized for its prolonged nature and lack of reasons provided. Additionally, disputes between Tamil Nadu's DMK government and Governor Ravi have been ongoing, including disagreements over ministerial appointments.
• Telangana's Grievance: Similarly, the Telangana government approached the Supreme Court in March 2023 due to former Governor Tamilisai Soundarajan's refusal to give assent to 10 Bills passed by the legislative assembly. Although Soundarajan eventually gave her assent, the delay and disputes highlighted tensions between the state government and the Governor's office.
• Legal Perspectives and Court Interventions: The issue of elected governments being subject to Governors' decisions, particularly in opposition-led states like Telangana. Despite legal arguments and requests for court directions, the Supreme Court refrained from passing detailed orders, emphasizing the constitutional intent behind timely decision-making as per Article 200.
• Political Dynamics and Future Implications: It's notable that Soundarajan, previously involved in assent disputes, is now a BJP candidate for the Lok Sabha elections. This political context adds complexity to the relationship between state governments and Governors, highlighting the ongoing challenges and potential implications for governance and constitutional principles.

7. Governor's Authority in Withholding Assent to Bills

• In November 2023, the Supreme Court deliberated on the issue of whether a Governor could withhold assent to Bills passed by the state legislature if they believed the session where the Bills were passed was convened illegally.
• This matter arose from Punjab, where Governor Banwarilal Purohit refused to give assent to four Bills passed by the Punjab Assembly, citing legal advice indicating a breach of law and procedure in their passage. Despite this, the Bills were not returned to the Assembly for reconsideration.
• The Supreme Court ruled that Governors do not possess the authority to obstruct the regular process of lawmaking by state legislatures.
• It clarified that the phrase "as soon as possible" in Article 200 implies that Governors cannot indefinitely delay action on Bills without any justification.
• The court emphasized that if a Governor chooses to withhold assent, they must adhere to the procedure outlined in the first proviso of Article 200, which involves returning the Bill to the state legislature for reconsideration.
• While the court outlined the responsibilities of Governors in the lawmaking process, it refrained from specifying a definitive timeline for Governors to make decisions on Bills.
• This omission has prompted the Kerala government to approach the Supreme Court seeking clarification on the issue.

 

8. The Way Forward

Addressing the challenges related to the Governor's assent requires a multi-dimensional approach that balances constitutional mandates, legal clarity, political responsibility, and public participation. Collaborative efforts among stakeholders and judicious use of constitutional mechanisms are key to ensuring robust and accountable governance in the legislative domain.

 

For Prelims: Governor, Center-state relations, Article 200 For Mains:  1. In the context of recent disputes, examine the relationship between Governors appointed by the Centre and state governments led by opposition parties. How can this relationship be strengthened to ensure smooth functioning of the federal structure? (250 Words) 2. Explain the roles of the Governor and the President in the legislative process as outlined in the Constitution of India, focusing on their powers related to assenting to Bills passed by state legislatures. (250 Words) 3. Discuss Ethical Considerations and Constitutional Provisions Regarding Governor Running for Elections.  (250 Words)

 

 

Previous Year Questions   1.  With reference to the Legislative Assembly of a State in India, consider the following statements: ( UPSC 2019) 1. The Governor makes a customary address to Members of the House at the commencement of the first session of the year. 2. When a State Legislature does not have a rule on a particular matter, it follows the Lok Sabha rule on that matter. Which of the statements given above is/are correct? A. 1 only        B. 2 only          C. Both 1 and 2          D. Neither 1 nor 2   2. Consider the following statements: ( UPSC 2018) 1. No criminal proceedings shall be instituted against the Governor of a State in any court during his term of office. 2. The emoluments and allowances of the Governor of a State shall not be diminished during his term of office. Which of the statements given above is/are correct? A. 1 only          B. 2 only             C. Both 1 and 2              D. Neither 1 nor 2   3.Which of the following are the discretionary powers given to the Governor of a State? (2014) 1. Sending a report to the President of India for imposing the President’s rule Appointing the Ministers 2. Reserving certain bills passed by the State Legislature for consideration of the President of India 3. Making the rules to conduct the business of the State Government Select the correct answer using the code given below.  A. 1 and 2 only          B. 1 and 3 only                   C.  2, 3 and 4 only        D. 1, 2, 3 and 4     4. Which one of the following suggested that the Governor should be an eminent person from outside the State and should be a detached figure without intense political links or should not have taken part in politics in the recent past? (UPSC CSE 2019) A.First Administrative Reforms Commission (1966) B.Rajamannar Committee (1969) C.Sarkaria Commission (1983) D.National Commission to Review the Working of the Constitution (2000)   Answers: 1-C, 2-C, 3-B, 4-C

Source: The Indian Express

INTERNET FREEDOM IN INDIA

 

 

 

1. Context 

 

India has consistently ranked as the top country globally for imposing internet bans for five consecutive years, accounting for approximately 60% of all recorded blackouts worldwide between 2016 and 2022. These shutdowns, imposed by state authorities, have been justified on grounds of national security and maintaining public order. Nevertheless, advocacy groups contend that such actions also contravene court directives, highlighting concerns regarding rights violations.

 

 

2. About Internet shutdown

• An internet shutdown refers to the intentional disruption or suspension of internet services by government authorities or other entities, typically within a specific geographical area or across an entire country.
• During an internet shutdown, individuals are unable to access the internet via various means such as mobile data, Wi-Fi, or wired connections.
• This can severely restrict communication, access to information, and online services, impacting individuals, businesses, and communities.
• Internet shutdowns may be imposed for various reasons, including national security concerns, social unrest, political stability, or to control the flow of information during sensitive events or protests.

Internet Shutdowns in India

• Between January 1, 2014, and December 31, 2023, the Indian government enforced a total of 780 internet shutdowns, as per data compiled by the Software Freedom Law Centre (SFLC).
• These shutdowns escalated notably during key events such as protests against the Citizenship Amendment Act in 2019, the abrogation of Article 370 in 2019, and the introduction of Farm Bills in 2020.
• In 2020, disruptions to the internet in India contributed to over 70% of the global economic losses. Furthermore, data reveals that India experienced internet shutdowns totalling over 7,000 hours in 2023 alone.
• According to the Indian Telegraph Act, states and union territories in India are authorized to impose internet shutdowns only in situations of a "public emergency" or in the interest of "public safety."
• However, the Act lacks a clear definition of what constitutes an emergency or safety concern.
• In the landmark case of Anuradha Bhasin v. Union of India, the Supreme Court reaffirmed that internet shutdowns infringe upon fundamental rights such as the freedom of expression, especially when they extend indefinitely, deeming such shutdowns unconstitutional.
• Additionally, courts have mandated governments to make shutdown orders public, although compliance with this provision has been noted as lacking by experts.

3. Impact of British-Era Law on Internet Shutdowns in India

• Over the past 12 years, Jammu and Kashmir witnessed the highest number of shutdowns, totalling 433, while the longest blackout in 2023 was endured in Manipur from May to December, coinciding with ethnic conflicts.
• As of February 15 this year, Haryana experienced internet shutdowns amid ongoing farmers' protests. Additionally, the Union government utilized powers under a colonial-era law to suspend mobile internet services as farmers from Punjab protested in Delhi.
• Critics have highlighted India's failure to meet the 'three-part test' when imposing blackouts in J&K and Manipur.
• According to international law, before blocking access to content or implementing coercive measures that infringe upon people's rights, countries should ensure that the action is authorized by law, serves a legitimate purpose, and adheres to standards of necessity and proportionality. Most internet outages in the past decade were confined to specific districts, cities, and villages.
• Globally, the reasons for internet shutdowns vary, with protests being the most common cause, followed by information control and political instability.
• Between 2015 and 2022, over 55,000 websites were blocked, primarily under section 69A of the IT Act, by the Ministry of Electronics and Information Technology and the Ministry of Information and Broadcasting. URLs were often blocked due to their association with organizations banned under the Unlawful Activities (Prevention) Act.
• Recently, the Ministry instructed news outlet The Caravan to remove a story alleging abuse, torture, and murder of civilians by the Indian Army in Jammu's Poonch district.
• On social media, nearly 30,000 social media URLs, including accounts and posts, were blocked between 2018 and 2022, with a majority of requests directed to X.
• Cybercrime threats have been cited as a prominent reason for website blocking, with cases increasing from 5,693 in 2013 to over 65,000 last year a surge of almost 434% between 2016 and 2022, according to the National Crime Records Bureau.

 

4. India's Position in Global Internet Freedom Trends

• The latest Freedom House report highlights a concerning trend: global internet freedom has decreased for the 13th consecutive year, with human rights online deteriorating in 29 countries.
• India's ranking has remained relatively stable over the past three years, indicating a consistent performance in this domain.
• However, there has been a notable decline compared to earlier years. In 2016 and 2017, India scored 59 points, but this fell to 50 points by 2023, reflecting a dip in its internet freedom rating.

 

5. The Way Forward

 

By addressing the aspects and taking proactive measures, India can work towards enhancing internet freedom, ensuring responsible governance of the digital space, and fostering a conducive environment for innovation, free expression, and democratic values online.

 

 

For Prelims: Internet Shutdown, Indian Telegraph Act, IT Act, Anuradha Bhasin v. Union of India For Mains:  1. Discuss the key factors contributing to India's consistent ranking as the top country for imposing internet bans globally. How do these shutdowns impact fundamental rights and legal directives? (250 words) 2. What ethical considerations should guide the use of internet shutdowns by the government? How can public servants ensure transparency and accountability in implementing such measures? (250 words)

Source: The Hindu