CHIEF ELECTION COMMISSIONER AND OTHER ELECTION COMMISSIONERS AMENDMENT ACT2023
1. Context
2. The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
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The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023, was introduced in Rajya Sabha on August 10, 2023. It repeals the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
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Election Commission: As per Article 324 of the Constitution, the Election Commission consists of the Chief Election Commissioner (CEC) and such number of other Election Commissioners (ECs), as the President may decide. The CEC and other ECs are appointed by the President. The Bill specifies the same composition of the Election Commission. It adds that the CEC and other ECs will be appointed by the President on the recommendation of a Selection Committee.
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Selection Committee: The Selection Committee will consist of (i) the Prime Minister as Chairperson, (ii) the Leader of the Opposition in Lok Sabha as a member, and (iii) a Union Cabinet Minister nominated by the Prime Minister as a member. If the Leader of the Opposition in Lok Sabha has not been recognized, the leader of the single largest opposition party in Lok Sabha will assume the role.
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Search Committee: A Search Committee will prepare a panel of five persons for the consideration of the Selection Committee. The Search Committee will be headed by the Cabinet Secretary. It will have two other members, not below the rank of Secretary to the central government, having knowledge and experience in matters related to elections. The Selection Committee may also consider candidates who have not been included in the panel prepared by the Search Committee.
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Qualification of CEC and ECs: Persons who are holding or have held posts equivalent to the rank of Secretary to the central government will be eligible to be appointed as CEC and ECs. Such persons must have expertise in managing and conducting elections.
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Salary and allowances: The 1991 Act provides that the salary of the ECs will be equal to that of a Supreme Court judge. The Bill provides that the salary, allowance, and service conditions of the CEC and other ECs will be the same as that of the Cabinet Secretary.
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Term of office: The 1991 Act mandates that the CEC and other ECs will hold office for a term of six years or until they reach the age of 65 years, whichever is earlier. If an EC is appointed as the CEC, his total term cannot exceed six years. The Bill retains the same tenure. Further, under the Bill, the CEC and other ECs will not be eligible for re-appointment.
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Conduct of business: All business of the Election Commission is to be conducted unanimously. In case of a difference of opinion between the CEC and the other ECs on any matter, it shall be decided through the majority.
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Removal and resignation: Under Article 324 of the Constitution, the CEC can only be removed from his office in a manner similar to that of a Supreme Court judge. This is done through an order of the President, based on a motion passed by both Houses of Parliament in the same session. The motion for removal must be adopted with (i) majority support of total membership of each House, and (ii) at least two-thirds support from members present and voting. An EC can only be removed from office on the recommendation of the CEC. The Bill retains this removal procedure.
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Further, the 1991 Act provides that the CEC and other ECs may submit their resignation to the President. The Bill has the same provision.
3. Election Commission of India
The Election Commission of India (ECI) is an autonomous constitutional authority responsible for administering election processes in India at both the national and state levels. Its primary functions are to conduct free and fair elections to the Lok Sabha (House of the People), Rajya Sabha (Council of States), State Legislative Assemblies, and State Legislative Councils. Here are some key points about the Election Commission of India:
- Constitutional Body: The Election Commission of India is a constitutional body established under Article 324 of the Indian Constitution. It was set up in 1950.
- Independence: The Election Commission is designed to be an independent and impartial body. The Chief Election Commissioner (CEC) and other Election Commissioners are appointed by the President of India and can only be removed through impeachment by the Parliament.
- Composition: The Election Commission consists of a Chief Election Commissioner (CEC) and a maximum of two Election Commissioners, although it can function with just the CEC.
- Election Management: The ECI is responsible for overseeing all aspects of election management, including voter registration, candidate nominations, the conduct of elections, and the counting of votes.
- Electoral Rolls: It maintains and updates the electoral rolls (voter lists) for all elections in the country. Ensuring the accuracy of these rolls is essential for fair elections.
- EVMs and VVPATs: The ECI oversees the use of Electronic Voting Machines (EVMs) and Voter Verified Paper Audit Trails (VVPATs) to ensure transparency and accuracy in the voting process.
- Code of Conduct: It enforces the Model Code of Conduct during elections, which sets ethical standards and guidelines for political parties and candidates during the election period.
- Delimitation: The ECI is responsible for delimitation (redefining) of constituencies, which is done periodically to ensure equitable representation.
- Election Observers: The ECI appoints election observers to monitor the conduct of elections and report any violations.
- Educational Programs: It conducts voter education and awareness programs to encourage voter participation and inform citizens about the electoral process.
- Advisory Role: The ECI provides advice to the President of India and the Governors of States on matters related to disqualification of members of Parliament and State Legislatures.
- Regulatory Functions: The ECI also registers political parties and allocates symbols to them. It monitors campaign finance and enforces rules related to political donations and expenditures.
- Transparency: The ECI strives to ensure transparency, fairness, and integrity in the electoral process to uphold the principles of democracy in India.
The Election Commission plays a crucial role in the functioning of Indian democracy by ensuring that elections are conducted fairly and that the voice of the people is accurately represented in government.
4. Powers and Functions
The Election Commission of India (ECI) is vested with a wide range of powers and functions to ensure the conduct of free and fair elections in India. These powers and functions are outlined in the Indian Constitution and various election-related laws. Here are the key powers and functions of the Election Commission of India:
- Conducting Elections: The ECI is responsible for conducting elections to the Lok Sabha (House of the People), Rajya Sabha (Council of States), State Legislative Assemblies, and State Legislative Councils.
- Electoral Rolls: The ECI prepares and maintains the electoral rolls (voter lists) for all elections in India. It ensures the accuracy and completeness of these rolls.
- Delimitation: The ECI conducts delimitation exercises to define the boundaries and constituencies of electoral areas to ensure equitable representation.
- Election Schedule: It determines the schedule for elections, including the dates for filing nominations, polling, and vote counting.
- Model Code of Conduct: The ECI enforces the Model Code of Conduct (MCC) during elections, which sets ethical standards and guidelines for political parties and candidates during the election period.
- Registration of Political Parties: The ECI registers political parties and allocates symbols to them. It also monitors compliance with the rules and regulations governing political parties.
- Campaign Finance: It monitors and regulates campaign finance, including political donations, election expenditure, and the submission of audited financial reports by political parties.
- Election Observers: The ECI appoints election observers to monitor the conduct of elections, report any violations, and ensure the smooth functioning of the electoral process.
- EVMs and VVPATs: The ECI is responsible for the deployment and maintenance of Electronic Voting Machines (EVMs) and Voter Verified Paper Audit Trails (VVPATs) to ensure transparency and accuracy in the voting process.
- Voter Education: It conducts voter education and awareness programs to educate citizens about the importance of voting, the electoral process, and their voting rights.
- Disqualification of Members: The ECI advises the President of India and the Governors of States on matters related to the disqualification of members of Parliament and State Legislatures.
- Advisory Role: The ECI provides advice and recommendations to the President and Governors on various electoral matters and issues related to the election process.
- Monitoring and Enforcement: The ECI monitors political activities, party campaigns, and the conduct of elections to ensure compliance with electoral laws and regulations.
- Transparency and Accountability: It ensures transparency and accountability in the electoral process to maintain public confidence in the integrity of elections.
- Overseeing By-Elections: The ECI conducts by-elections (also known as bye-elections) to fill vacant seats in legislatures.
- Counting and Declaration of Results: The ECI oversees the counting of votes and the declaration of election results, ensuring transparency and accuracy.
- Redressal of Election-related Disputes: The ECI also plays a role in the adjudication of election disputes, along with other competent authorities.
These powers and functions empower the Election Commission of India to fulfill its crucial role in upholding the principles of democracy and ensuring that elections are conducted in a fair, transparent, and impartial manner in the world's largest democracy.
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For Prelims: Election Commission of India, President, Prime Minister, Leader of Opposition, Chief Election Commissioner (CEC), Article 324, Electronic Voting Machines (EVMs) and Voter Verified Paper Audit Trails (VVPATs). For Mains 1. The Election Commission of India is often hailed as the guardian of democracy. Discuss the constitutional provisions and the various measures it takes to ensure free and fair elections in the country. (250 words). 2. Examine the role of the Election Commission of India in regulating the influence of money in politics. How effective have its measures been in curbing electoral malpractice related to campaign finance? (250 words). |
Previous year Questions1. Consider the following statements: (UPSC 2017) 1. The Election Commission of India is a five-member body. 2. Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections. 3. Election Commission resolves the disputes relating to splits/mergers of recognised political parties. Which of the statements given above is/are correct? A. 1 and 2 only B. 2 only C. 2 and 3 only D. 3 only Answer: D 2.With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following? (UPSC CSE 2019) Answer (b) 1.In the light of recent controversy regarding the use of Electronic Voting Machines (EVM), what are the challenges before the Election Commission of India to ensure the trustworthiness of elections in India? (UPSC Mains GS2, 2018) |
HOUTHIS
The United States and the United Kingdom launched strikes aimed at Houthi groups in Yemen on January 11, in response to the persistent Houthi attacks on ships passing through the Red Sea, the narrow body of water that separates Asia from Africa, and which is one of the world’s busiest and most important maritime trade routes
2. Who are Houthis?
- "The Houthis, a prominent clan affiliated with the Zaidi Shia sect, have their origins in Yemen's northwestern Saada province. The Zaidis constitute approximately 35 percent of Yemen's population.
- For over a thousand years, the Zaidis held dominion over Yemen until their overthrow in 1962, leading to a protracted civil war that extended until 1970.
- During the 1980s, the Houthi clan began a resurgence of the Zaidi tradition in response to the rising influence of the Salafists, who received support from the state.
- In 2004, the Houthis initiated an insurgent movement against the Yemeni government, adopting the name of Hussein Badreddin al-Houthi, a prominent political, military, and religious leader who was assassinated by Yemeni security forces in September of that year. Subsequent years witnessed ongoing conflict between the Houthis and Yemen's Sunni-majority government.
- In 2012, Ali Abdullah Saleh, who had served as Yemen's president since 1990 and earlier as the president of pre-unified North Yemen from 1978, was compelled to resign in the wake of the Arab Spring protests. He was succeeded by his vice-president, Abd Rabbu Mansour Hadi.
- In 2015, Saleh allied himself with the Houthis against Hadi, resulting in the insurgency capturing Sana'a. President Hadi fled to Aden and later sought refuge in Saudi Arabia, where he continues to reside for the most part.
- However, in 2017, Saleh severed his ties with the Houthis and joined forces with their adversaries, including the Saudis, the UAE, and President Hadi. In December of that year, Saleh was assassinated."
- "In March of 2015, shortly after Hadi's removal from power, a coalition consisting of nine nations and led by Saudi Arabia, with logistical and intelligence support provided by the United States, initiated an aerial campaign against the Houthi forces.
- These airstrikes aimed to bolster Hadi's troops, who were attempting to retake control of Sana'a from the Houthi faction. Nonetheless, at the core of this intervention was the underlying power struggle in the region, pitting Saudi Arabia against Iran.
- Both Riyadh and Western nations believed that the Houthi group received military and financial backing from the Iranian regime.
- Saudi Arabia, due to its extensive 1,300-kilometer border with Yemen, initially asserted that the conflict would conclude within a few months.
- However, progress by the coalition has been limited, resulting in a prolonged stalemate, with the Houthi faction retaining control over Sana'a and a dire humanitarian crisis unfolding in Yemen.
- Since 2015, the nature of the conflict has constantly evolved, with various factions switching allegiances among the Saudi-supported Popular Resistance Committees, Iran-backed groups, and an array of Islamist militants, including those associated with al-Qaeda and the Islamic State."
LOHRI FESTIVAL
1.Context
It is #Lohri2024. #lohricelebration is an ode to the memory of Rai Abdullah Khan 'Dulla' Bhatti, a Muslim Rajput chieftain & landowner of #Punjab, who rebelled against Emperor #akbar and the Mughal state. There is an agrarian backstory to his revolt.
2. Background
- Lohri is the first festival of the New Year and is a popular harvest festival that is celebrated with great fervor and enthusiasm all across Punjab, and parts of Haryana, Rajasthan, Himachal Pradesh, Jammu, and Delhi.
- As per experts, the festival marks the beginning New Year which falls on January 13 of each year and is mostly celebrated by Sikhs and culturally by Hindus across the country and worldwide.
- Lohri also known as Lohadi or Lal Loi is a festival that marks the harvest season in Punjab. Lohri falls on January 13 of each year, one day before Makar Sankranti which is another popular Hindu holiday that falls between January 14-15 every year.
- Lohri marks the end of the winter season and the start of the longer days.
- Lohri is celebrated to welcome the sun to the northern hemisphere.
- However, it is traditionally associated with harvesting rabi crops.
- The most popular folklore associated with Lohri is that of the legend Dulla Bhatti, who had lived in Punjab during the reign of Mughal Emperor Akbar.
- He used to rob the rich and help the needy and poors.
- As per historians, once he saved a girl from the kidnappers and took care of her like his daughter.
- And on her wedding day, he even performed the rituals in the absence of a priest.
- People loved him and respected him, and began to sing the folk song "Sundar-Mundriye" every year on the occasion of Lohri.
4. Significance of Lohri
- It is believed that after Lohri the sun’s trek northward come to an end on Lohri.
- After Makar Sankranti, the day after this festival, the nights get shorter and the days get longer.
- In short, the festival is celebrated for the arrival of warmer weather, which is represented by the bonfire.
- From this day on, a lot of people, particularly farmers, start harvesting the crop.
- On this day, people also recite some antiquated mantras so they can feel the warmth of the sun during the chilly winter days.
- The festival holds special importance for a new bride and even a newborn in the family, and family members make sure to make their first Lohri a memorable one.
- They together pray for good health and prosperity.
5. The rituals of Lohri
- The celebration involves lighting a bonfire, doing parikrama of the bonfire and devoting puffed rice, jaggery, sesame seeds, popcorn, and coconut in the fire and pray the almighty for a prosperous New Year.
- People also sing folk songs and dance, especially bhangra and gidda on this auspicious occasion.
| The menu of holy festival includes all things warm and healthy. From Gajak, Rewari, Till Laddoo, Peanut Chikki to Makki Di Roti and Sarso Da Saag, the menu is quite elaborate and filling. |
6. Dulla’s rebellion
- Dulla’s father and grandfather were Muslim-Rajput landlords (zamindaars) of Nankana Sahib in Sandal Bar region of Punjab who opposed the taxation system levied by the Mughal empire under Emperor Akbar.
- They refused to pay the new taxes to the local ‘Faujdar’ (military officer appointed to collect taxes).
- There were frequent skirmishes between the Bhatti landlords and the Faujdar’s armies where the Bhattis pushed back and defeated the Mughal forces.
- Ultimately, Emperor Akbar called for their arrests and execution. They were executed 4 months before Dulla was born.
- Ladhi hid her husband and father-in-law’s weapons in a closed room and kept their history a secret from the headstrong teenage Dulla.
- When Dulla and his friends created mischief in the village by damaging women’s water pots with their catapults, a village woman taunted him by saying, “Why do you show your strength here to women and poor people? If you are so strong, go and avenge your father”.
- This made Dulla ask his mother to tell him the truth and she finally opened up the secret room full of weapons.
- Dulla’s young blood and courage led him to form a band of highway robbers along with his friends using these weapons.
- They would steal from the rich traders and distribute the goods to poor villagers Dulla became a saviour for the poor.
- One such poverty-stricken Brahmin landed at Dulla’s camp with a special plea.
- He had two young and beautiful daughters Sundari and Mundari, who were betrothed in another village.
- He was too poor to afford a wedding, let alone two.
- Meanwhile, the local Mughal officials had their eye on the girls and a delay in their weddings would mean that they could be carried off any moment by the soldiers to be kept as slaves.
- Desperate to save his daughters, the Brahmin implored Dulla for help.
- Dulla vowed that he would make sure the two girls would be safely wed to their betrothed and told the Brahmin, “Your daughters are my daughters”.
- He started a donation campaign in the neighbousring villages and people donated jaggery and grains in small and large amounts for the double wedding.
- On the wedding day, Dulla lit huge bonfires along the path to ensure safe passage for the wedding party.
- As Dulla’s reputation spread across the neighbouring areas, the landlords grew bolder and stopped paying taxes, as the Faujdars themselves were unable to enter Dulla’s territory.
- However, Dulla’s rebellion came to an abrupt end when after repeated defeats on the battlefield, the Mughal officers offered to meet and make a peace treaty with him.
- But this negotiation meeting turned out to be a trap and the officers poisoned his food which made him unconscious and thus he was captured, and eventually hanged to death in 1599.
For Prelims & Mains
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For Prelims: Lohri, Dulla rebellion, harvest festival,
For Mains:
1. Discuss the significance and impact of the Dulla rebellion in the punjab (250 Words)
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GM MUSTARD
The Supreme Court on January 9, 2024 resumed hearing on the genetically modified (GM) mustard.
A group of petitioners, including activist Aruna Rodrigues, food activists, non-governmental organisations and others, have challenged the central government’s decision on commercial cultivation of GM mustard. A public interest litigation was first filed in the matter in 2004.
- Hybridisation involves crossing two genetically dissimilar plant varieties that can be from the same species.
- The first generation (F1) offspring from such crosses tend to have higher yields than that of parents.
- Such hybridisation is not easy in mustard, as its flowers are bisexual and make the plants largely self-pollinating.
- Since the eggs of one plant cannot be fertilised by the pollen grains from another, it limits the scope for developing hybrids unlike cotton, maize, and tomato, where this can be done through simple emasculation/physical removal of anthers.
- By Genetic Modification, scientists have developed the hybrid mustard DMH-11 containing two alien genes isolated from a soil bacterium called Bacillus amyloliquefaciens.
- The first gene codes for a protein that impairs pollen production & makes the plant into male-sterile.
- This plant is then crossed with a fertile parental line containing in turn, the second gene that blocks the action of the first gene.
- The resultant F1 progeny is both high-yielding & capable of producing seed/grain.
- The scientists have deployed the barnase-barstar (1st & 2nd genes), GM technology to create a robust & viable hybridisation system in mustard.
- This system was used to develop DMH-11 by crossing a popular Indian mustard variety 'Varuna' with an East European 'Early Heera-2' mutant.
- DMH-11 is claimed to have shown an average 28% yield increase over Varuna in contained field trials carried out by ICAR.
- GEAC is a responsible body for the appraisal of proposals relating to the release of GM organisms into the environment.
- It has recommended the release of DMH-11 for its seed production & testing, before commercial release.
- It has given the green signal for commercial cultivation by farmers, with the production of seeds being the first step.
- GEAC recommended the environmental release of DMH-11's parental lines to develop new hybrids, which can give higher yields than DMH-11.
- Mustard varieties in India have a narrow genetic base.
- The barnase-barstar system enables the breeding of hybrids from a wider range of mustards, including those of East European origin like Heera, and Donskaja.
- There were two specific concerns about GM mustard.
- The first is the presence of a third 'bar' gene, which makes GM mustard plants tolerant to the spraying of glufosinate ammonium, a chemical used for killing weeds.
- DMH-11 developers say that the bar gene is only a marker gene.
- It is used to identify those plants that were GM, the non-GM ones that cannot withstand the application of herbicide & necessary for large-scale seed production.
- GEAC recommended the usage of any formulation of herbicide, exclusively for hybrid seed production.
- The second concern is over GM mustard threatening / undermining the population of honeybees.
- Mustard flowers are a source of nectar for honeybees & many other pollinator insects.
- Based on the examination of scientific evidence available, it seems that the bar, barnase, and barstar system will pose an adverse impact on honey bees & other pollinators.
| GEAC recommended that field demonstration studies concerning the effect of GM mustard on honey bees & other pollinators post the environmental release, to generate scientific evidence in Indian agronomy. |
INTERNATIONAL COURT OF JUSTICE (ICJ)
- South Africa brought a case against Israel to the ICJ on December 29, under UN’s 1948 Genocide Convention. In its application, South Africa argued that Israel, in its ongoing Gaza assault, has transgressed from the provisions of Article 2 of the Convention. This article defines the term “genocide” to mean “acts committed with intent to destroy, wholly or partly, a national, ethnic, racial, or religious group”.
- The ICJ will eventually decide whether Israel is committing genocide or not — this may take years. But first, it will decide whether it has jurisdiction on this matter, and whether the alleged acts fall under the 1948 Convention.
- South Africa has also sought interim relief for the Palestinians, and asked the ICJ to order Israel to immediately suspend all military operations in Gaza, as an interim measure.
- The court is likely to rule on this in a matter of weeks. While the court’s rulings are legally binding, it has no way to enforce them. Nonetheless, its opinions carry weight with the UN and other international institutions
- The United Nations Convention on the Prevention and Punishment of the Crime of Genocide, commonly known as the Genocide Convention, was adopted by the United Nations General Assembly on December 9, 1948, and entered into force on January 12, 1951. It was one of the first major international treaties established in the aftermath of World War II, aiming to prevent and punish the crime of genocide.
- The Genocide Convention defines genocide as certain acts committed with the intent to destroy, in whole or in part, a national, ethnical, racial, or religious group. The acts specified in the convention include killing members of the group, causing serious bodily or mental harm, deliberately inflicting conditions leading to the group's physical destruction, imposing measures to prevent births within the group, and forcibly transferring children from the group to another.
- The convention recognizes genocide as a crime under international law and obligates its signatories to prevent and punish acts of genocide. Signatory states are required to take measures within their jurisdiction to prevent and punish genocide, both in times of peace and during armed conflicts. Additionally, the convention established the International Court of Justice (ICJ) as the primary judicial organ for disputes related to its interpretation and application.
- The Genocide Convention remains a crucial international legal instrument for addressing and preventing the most egregious crimes against humanity. It has played a significant role in shaping the framework for international criminal law and promoting accountability for those responsible for genocide
4.What is International Court of Justice?
The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN). It was established in 1945 and began its activities in 1946. The ICJ is located in The Hague, Netherlands.
The main functions of the International Court of Justice include settling legal disputes between states and providing advisory opinions on legal questions referred to it by the UN General Assembly, the UN Security Council, or other specialized agencies and organs authorized by the UN. It is important to note that the ICJ only deals with legal disputes between states and does not have jurisdiction over individuals or non-state entities.
Key features of the International Court of Justice:
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Composition: The ICJ consists of 15 judges elected by the UN General Assembly and the UN Security Council. These judges serve nine-year terms, and the composition aims to represent a fair geographical distribution.
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Jurisdiction: The ICJ has two main types of jurisdiction:
- Contentious Jurisdiction: The ICJ hears cases between states that voluntarily submit their disputes to the Court. Both parties must agree to the Court's jurisdiction.
- Advisory Jurisdiction: The ICJ provides advisory opinions on legal questions referred to it by UN organs and specialized agencies. These opinions are advisory and not binding.
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Adjudication: The Court uses a range of legal principles, treaties, and customary international law to make its decisions. The judgments of the ICJ are final and binding on the parties involved in the case.
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Independence: The ICJ operates independently of the UN General Assembly and the UN Security Council in its judicial functions. It is intended to function as a separate judicial body.
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Role in International Law: The ICJ contributes to the development and clarification of international law through its judgments and advisory opinions. Its decisions are considered influential in shaping the principles of international law
| Aspect | International Criminal Court (ICC) | International Court of Justice (ICJ) |
|---|---|---|
| Establishment | Established in 2002 by the Rome Statute | Established in 1945 by the United Nations Charter |
| Nature | Criminal court with jurisdiction over individuals for serious crimes | Principal judicial organ of the United Nations, handles state disputes |
| Jurisdiction | Primarily focuses on individuals for crimes like genocide, war crimes, crimes against humanity, and aggression | Resolves legal disputes between states, gives advisory opinions |
| Membership | States become members by ratifying the Rome Statute | Open to UN member states; states must accept ICJ's jurisdiction |
| Prosecutorial Authority | Independent Prosecutor appointed by the Assembly of States Parties | No prosecuting authority; relies on disputing states to present cases |
| Adjudication | Adjudicates cases against individuals for criminal responsibility | Adjudicates disputes between states; provides advisory opinions |
| Composition | Judges elected by the Assembly of States Parties | 15 judges elected by the UN General Assembly and the UN Security Council |
| Location | The Hague, Netherlands | The Hague, Netherlands |
| Focus | Individual criminal responsibility | State-to-state disputes, advisory opinions |
| Binding Decisions | Decisions are binding on individuals and states | Judgments and opinions are binding only on the parties involved |
| Role in International Law | Enforces and develops international criminal law | Contributes to the development of general principles of international law |
| Relationship with the UN | Independent organization but cooperates with the UN | Principal judicial organ of the UN |
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For Prelims: Current events of national and international importance.
For Mains: General Studies II: Important International institutions, agencies and fora- their structure, mandate.
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EUROPEAN FREE TRADE ASSOCIATION (EFTA)
The European Free Trade Association (EFTA) is an intergovernmental organization that aims to facilitate free trade and economic cooperation among its member states. EFTA was established on May 3, 1960, as an alternative trade bloc to the European Economic Community (EEC), which later evolved into the European Union (EU). The founding members of EFTA were Austria, Denmark, Norway, Portugal, Sweden, Switzerland, and the United Kingdom.
The key aspects of EFTA
EFTA comprises four member countries: Iceland, Liechtenstein, Norway, and Switzerland. The organization has experienced changes in membership over the years, with some countries joining or leaving.
- EFTA's primary objectives include promoting free trade and economic cooperation among its member states. It aims to facilitate the reduction or elimination of barriers to trade in goods and services, enhance economic relations, and foster mutual understanding and collaboration in various economic sectors.
- While EFTA is a distinct organization, its member states often have close economic ties with the European Union. EFTA countries have developed various agreements and arrangements with the EU to facilitate trade and economic cooperation. However, EFTA member states are not part of the EU Customs Union or the EU Single Market.
- EFTA has engaged in numerous free trade agreements (FTAs) with countries and regions around the world. These agreements aim to reduce or eliminate tariffs and other trade barriers, promoting the flow of goods and services. EFTA countries have FTAs with countries in Europe, Asia, Africa, and South America.
- The EFTA Surveillance Authority oversees the application of EFTA's rules in its member states. It monitors compliance with agreements, including ensuring that competition rules and other regulations are adhered to by member countries.
- The EFTA Court serves as the judicial body for the EFTA states. It handles disputes related to the interpretation and application of EFTA law. The court's decisions contribute to the legal framework of EFTA's trade and economic agreements.
- Over the years, EFTA has seen changes in its membership. Some countries have joined, while others have left. Accession to EFTA involves negotiations and the fulfillment of certain criteria, reflecting the organization's commitment to free trade and economic cooperation.
- EFTA member countries have diverse and developed economies. They are known for their high living standards, economic stability, and competitiveness. The organization provides a platform for these countries to collaborate and engage in trade with partners around the world.
- While trade is a central focus, EFTA member states also collaborate in other areas, including research and development, innovation, and cultural exchanges. The organization serves as a forum for discussing and addressing various economic and policy issues.
Main Goals of EFTA
- To promote free trade and economic integration among its member states.
- To strengthen member states' economies and improve their competitiveness on the global market.
- To cooperate with other countries and international organizations to further liberalize trade and promote economic development.
Institutional Structure
- The EFTA Council is the organization's highest governing body, consisting of representatives from each member state. It meets regularly to discuss and decide on important matters related to EFTA's objectives and activities.
- The EFTA Secretariat, based in Geneva, Switzerland, provides administrative support and facilitates communication among member states.
- EFTA actively engages in negotiations and establishes free trade agreements (FTAs) with various countries and regions outside the organization, contributing to the expansion of economic cooperation.
Current Status of EFTA
- Despite not being part of the EU, EFTA members maintain close economic ties with the EU through a series of bilateral agreements.
- They participate in the European Single Market and are part of the Schengen Area, allowing for the free movement of goods, services, capital, and people.
- EFTA remains an important economic player in Europe, with a combined GDP of over €1 trillion and a population of over 13 million.
Benefits of EFTA Membership
- EFTA's free trade agreements and common market have led to a significant increase in trade and investment between member states and their trading partners.
- EFTA's focus on free trade and economic cooperation has helped to stimulate economic growth in member states.
- By cooperating on research and development, innovation, and education, EFTA member states have become more competitive in the global market.
- EFTA membership has contributed to a higher standard of living and greater prosperity for the citizens of member states.
Challenges for EFTA
- The EU remains EFTA's largest trading partner, but it also poses a significant challenge. The EU's larger size and economic power give it an advantage in negotiations, and some EFTA businesses have expressed concerns about being at a disadvantage compared to their EU counterparts.
- With the ongoing integration of the EU, EFTA needs to ensure that it remains relevant and attractive to potential members and trading partners. The association needs to continue to find ways to differentiate itself from the EU and to offer unique benefits to its members.
- The global economy is constantly evolving, and EFTA needs to be able to adapt to these changes. The association needs to focus on emerging markets and new technologies to ensure that its members remain competitive in the long term.
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For Prelims: European Union, free trade, European Free Trade Association, European Economic Community
For Mains:
1. Examine the impact of Switzerland's policy on tariff-free entry for all industrial goods on India's potential gains from the ongoing India-EFTA Free Trade Agreement negotiations. (250 Words)
2. Discuss the strategies and opportunities for EFTA to remain relevant, differentiate itself, and adapt to the evolving global economy. (250 Words)
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