NATIONAL TESTING AGENCY (NTA)
1. Context
The Supreme Court pronounced a scathing judgment calling out the “flip-flops” of the National Testing Agency (NTA) in the conduct of the National Eligibility-cum-Entrance Test, 2024 for admission to undergraduate medical courses and put the government on a deadline to completely restructure the exam process.
2. About the National Testing Agency(NTA)
The NTA was established in 2017 as an independent and self-sufficient testing organization under the Ministry of Education, previously known as the Ministry of Human Resource Development (HRD). It is recognized as a registered society under the Societies Registration Act, of 1860, and is subject to the Right to Information (RTI) Act. Prior to the creation of the NTA, various government entities such as the University Grants Commission (UGC), the Central Board of Secondary Education (CBSE), and central universities like Delhi University and Jawaharlal Nehru University (JNU) conducted their own examinations
3. Envision of National Testing Agency (NTA)
The origins of the NTA can be traced back to the Programme of Action 1992, associated with the National Education Policy 1986, which advocated for the creation of a national-level examination body. In 2010, a committee of directors from the Indian Institutes of Technology (IITs) recommended forming this agency through legislation to guarantee its independence and transparency. It was designed based on the model of the Educational Testing Service (ETS) in the United States. The establishment of the NTA was announced in 2017 and received cabinet approval shortly thereafter. Vineet Joshi, who is currently the Chief Secretary of Manipur, was appointed as the first Director General. Subodh Kumar Singh, who succeeded him, was removed from the position last week
4.Exams Conducted by NTA
- The NTA administers three major undergraduate entrance exams: JEE-Main for engineering, NEET-UG for medical courses, and CUET-UG for admissions to various other undergraduate programs.
- Each year, these exams see participation from over 5 million candidates. In addition, the NTA conducts CUET-PG for postgraduate admissions, UGC-NET, and CSIR UGC-NET. UGC-NET is used to determine eligibility for junior research fellowships, assistant professorships, and PhD admissions in Indian universities and colleges.
- CSIR UGC-NET is accepted for PhD admissions in disciplines such as Chemical Sciences, Earth, Atmospheric, Ocean and Planetary Sciences, Life Sciences, Mathematical Sciences, and Physical Sciences.
- The NTA also oversees the Common Management Admission Test (CMAT), Hotel Management Joint Entrance Examination, Graduate Pharmacy Aptitude Test, and entrance exams for institutions like Delhi University, Jawaharlal Nehru University, the Indian Institute of Foreign Trade (IIFT), and the Indian Council of Agricultural Research (ICAR)
5. Controversy around NTA
- This year, the NTA faced criticism for awarding grace marks to 1,563 NEET candidates to compensate for lost time due to examination delays at seven centres.
- This decision was challenged in the Supreme Court, with claims that it inflated scores and resulted in a record 67 candidates sharing the top rank.
- Consequently, the grace marks were withdrawn, and a retest was conducted for these candidates. Additionally, the NEET question paper was reportedly leaked, as discovered by the Bihar Police.
- The UGC-NET exam was cancelled a day after being conducted due to concerns about its integrity, with the Education Ministry confirming that the exam paper had been leaked on the darknet. As a precautionary measure, the CSIR UGC-NET was also postponed
6. Way Forward
The NTA is currently prioritizing the timely release of CUET-UG results, which are crucial for the university academic calendar, as well as re-conducting UGC-NET and scheduling a new date for CSIR-UGC NET. Following the removal of Subodh Singh as Director General, ITPO Chairman Pradeep Singh Kharola has taken on the additional responsibility of this role. A high-level panel formed by the Centre will provide recommendations on reforming the examination process, enhancing data security protocols, and reviewing the structure and operations of the NTA. The panel is expected to submit its report within two months
Source: Times of India
MINIMUM SUPPORT PRICE
1. Context
Farmers have been protesting on the inter-State boundary since February 2024 for various issues, including a statutory guarantee for minimum support price (MSP) for crops.
2. What is the Minimum Support Price (MSP)?
- MSP is the minimum price a farmer must pay for their food grains as guaranteed by the government. They are recommended by the Commission for Agricultural Costs and Prices (CACP) and approved by the Cabinet Committee on Economic Affairs.
- The CACP submits its recommendations to the government in the form of Price Policy Reports every year.
- After considering the report and views of the state governments and also keeping in view the overall demand and supply situation in the country, the central government takes the final decision.
- The Food Corporation of India (FCI) is the nodal agency for procurement along with State agencies, at the beginning of the sowing season.
The minimum support price (MSP) is set for 23 crops every year. They include:
- 7 cereals (paddy, wheat, maize, bajra, jowar, ragi, and barley)
- 5 pulses (chana, tur/arhar, moong, urad, and Masur)
- 7 oilseeds (rapeseed-mustard, groundnut, soya bean, sunflower, sesamum, safflower, and Enigerseed) and
- 4 commercial crops (sugarcane, cotton, copra, and raw jute).
3. How MSP is Calculated?
- MSP, presently, is based on a formula of 1.5 times the production costs.
- The CACP projects three kinds of production costs for every crop, both at state and all-India average levels.
- A2 covers all paid-out costs directly incurred by the farmer — in cash and kind — on seeds, fertilizers, pesticides, hired labour, leased-in land, fuel, irrigation, etc.
- A2+FL includes A2 plus an imputed value of unpaid family labour.
- C2: Estimated land rent and the cost of interest on the money taken for farming are added to A2 and FL.
- Farm unions are demanding that a comprehensive cost calculation (C2) must also include capital assets and the rentals and interest forgone on owned land, as recommended by the National Commission for Farmers.
4. The issue with the calculation of MSP
- To calculate MSP, the government uses A2+FL cost. The criticism of A2+FL is that it doesn’t cover all costs and that a more representative measure, C2, needs to be used.
- For example, in the 2017-18 rabi season, CACP data shows that C2 for wheat was 54% higher than A2+FL.
- The Swaminathan Commission also stated that the MSP should be based on the comprehensive cost of production, which is the C2 method.
5. Key Points about the Farmer's Demand
- After the recent decision to repeal three contentious farm laws, protesting farmer unions are now pressing for their demand of the legalization of the Minimum Support Price (MSP).
- They want a legal guarantee for the MSP, which at present is just an indicative or a desired price.
- Legalising MSPs would put the government under a legal obligation to buy every grain of the crops for which MSPs have been announced.
- At present, the PM has announced the formation of a committee to make MSP more transparent, as well as to change crop patterns and to promote zero-budget agriculture which would reduce the cost of production.
- The entire issue of enforcing MSP legally is a tricky, complicated, and multidimensional one, involving lots of factors.
- Core demand: MSP based on a C2+50% formula should be made a legal entitlement for all agricultural produce. This would mean a 34% increase in the latest MSP for paddy and a 13% increase for wheat. MSP should also be extended to fruit and vegetable farmers who have been excluded from benefits so far.
6. The rationale behind the demand for legislation of MSP
- Farmers receive less than MSP: In most crops grown across much of India, the prices received by farmers, especially during harvest time, are well below the officially declared MSPs. And since MSPs have no statutory backing, they cannot demand these as a matter of right.
- Limited procurement by the Govt: Also, the actual procurement at MSP by the Govt. is confined to only about a third of wheat and rice crops (of which half is bought in Punjab and Haryana alone), and 10%-20% of select pulses and oilseeds. According to the Shanta Kumar Committee’s 2015 report, only 6% of the farm households sell wheat and rice to the government at the MSP rates.
7. Challenges associated with MSP
- Protest by Farmers: Farm unions have been protesting for more than six months on Delhi's outskirts, demanding legislation to guarantee MSP for all farmers for all crops and a repeal of three contentious farm reform laws.
- MSP and Inflation: When announcing the MSP, inflation should be taken into account. But often the price is not increased up to the mark. For example, this time MSP for Maize has not even considered inflation then how it will benefit farmers! Also, frequent increases in the MSPs can lead to inflation too.
- High Input Costs: The input costs have been rising faster than sale prices, squeezing the meagre income of the small farmers and driving them into debt.
- Lack of Mechanism: No mechanism guarantees that every farmer can get at least the MSP as the floor price in the market. So proper mechanisms need to be fixed for all times to come.
- Restriction in Europe: Even after producing surplus grains, every year a huge portion of these grains gets rotten. This is due to the restrictions under WTO norms, that grain stocks with the FCI (being heavily subsidized due to MSP) cannot be exported.
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For Prelims: Minimum Support Price, Rabi Crops, WTO, Commission for Agricultural Costs and Prices (CACP), Cabinet Committee on Economic Affairs, Food Corporation of India
For Mains:
1. Explain the concept of Minimum Support Price (MSP) in India. How is MSP determined, and what is its role in ensuring fair prices for agricultural produce? (250 Words)
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Source: The Hindu
PRIVILEGE MOTION
1. Context
The Congress on Wednesday moved a Privilege Motion against Prime Minister Narendra Modi for posting on social media “a portion of remarks which were expunged from the proceedings of the House by the Chair”
2. What are parliamentary privileges?
Parliamentary privileges are special rights and immunities granted to members of a parliament and the institution itself, aimed at ensuring the effective functioning of the legislative body. These privileges are essential for allowing parliamentarians to perform their duties without undue interference. They are generally based on principles of independence, freedom of speech, and protection from legal liabilities related to their parliamentary functions.
Parliamentary privileges are rooted in historical traditions and legal precedents, often enshrined in a country’s constitution or statutes. They are designed to uphold the independence and effectiveness of the legislative process and ensure that members can perform their roles without undue interference or intimidation
Here are some key aspects of parliamentary privileges:
- Members of Parliament (MPs) enjoy immunity from legal action for statements made during parliamentary debates or proceedings. This ensures that they can speak freely and express their views on various issues without fear of defamation lawsuits or other legal repercussions
- MPs are generally protected from arrest and detention while attending parliamentary sessions or while traveling to and from Parliament, except in cases of serious criminal offenses. This privilege helps ensure that their legislative duties are not interrupted
- Parliaments have the authority to regulate their own internal procedures and discipline their members. This includes the power to expel members, suspend them, or address issues of misconduct
- MPs are typically exempt from serving on juries, as their parliamentary duties are considered more important and cannot be interrupted by jury service.
- MPs have the right to access and request documents and information necessary for performing their legislative functions. This includes the ability to summon witnesses and demand documents as part of parliamentary inquiries
- Any actions that obstruct or disrespect parliamentary proceedings can be deemed as contempt of Parliament. This includes offenses like refusing to answer questions or disrupting proceedings.
- Parliamentary committees have the power to conduct inquiries, summon witnesses, and request documents relevant to their investigations. They also have the authority to take evidence under oath
3. What is a privilege motion?
A privilege motion is a formal request made by a member of a legislature, usually in the form of a motion or proposal, to address a breach of parliamentary privilege. Parliamentary privilege refers to the special rights and immunities granted to members of Parliament to ensure the smooth functioning of legislative duties. A privilege motion is used to bring to the attention of the House any action that is perceived to have violated these privileges
Key Aspects of Privilege motion:
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Purpose: The primary purpose of a privilege motion is to address and rectify an alleged breach of parliamentary privilege. This could include instances where the rights or immunities of Parliament or its members are infringed upon.
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Types of Breaches: Common breaches that may prompt a privilege motion include:
- Contempt of Parliament: Actions that obstruct or disrespect parliamentary proceedings.
- Misrepresentation: Providing false or misleading information to Parliament.
- Interference: Any external interference in parliamentary affairs or attempts to influence the legislative process improperly.
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Procedure:
- Submission: A member raises a privilege motion in the House, typically during a designated period or in accordance with specific rules set by the parliamentary procedure.
- Content: The motion should clearly outline the nature of the breach and the specifics of how parliamentary privileges were violated.
- Debate and Decision: Once the motion is raised, it is usually debated by the members of the House. Depending on the outcome of the debate, the House may take action to address the breach, which could include issuing a reprimand, taking disciplinary action, or other measures deemed appropriate
4. What is the constitutional provision with regard to the privilege motion?
The constitutional provisions related to privilege motions are primarily found in the context of the Indian Parliament and its functioning. In India, the provisions regarding parliamentary privileges and the handling of privilege motions are not explicitly detailed in the Constitution but are governed by established parliamentary rules and practices. However, some aspects are implicitly covered by constitutional principles and legislative provisions.
Constitutional Framework
- Article 105 (Privileges of Parliament and its Members): Article 105 of the Indian Constitution provides the basis for parliamentary privileges and the powers of both Houses of Parliament (the Lok Sabha and the Rajya Sabha). It states that:
- Clause (1): Members of Parliament (MPs) have the freedom of speech in Parliament, and their speeches and writings cannot be questioned in any court of law. This ensures that MPs can speak freely during parliamentary sessions without fear of legal repercussions.
- Clause (2): This clause provides that the privileges of the Parliament are not restricted by the Constitution but are determined by the rules of the House and customs. It includes the power to punish for contempt and the power to regulate its own proceedings.
Parliamentary Rules and Procedures
The specific procedures for raising and handling privilege motions are detailed in the rules of procedure of the respective Houses of Parliament:
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Lok Sabha Rules: The rules governing privilege motions in the Lok Sabha (House of the People) are outlined in the "Rules of Procedure and Conduct of Business in the Lok Sabha". These rules detail the process for raising a privilege motion, including how it should be submitted, debated, and decided upon.
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Rajya Sabha Rules: Similarly, the Rajya Sabha (Council of States) has its own set of rules and procedures, detailed in the "Rules of Procedure and Conduct of Business in the Rajya Sabha". These rules provide the framework for raising and addressing privilege motions in the Rajya Sabha.
Judicial Interpretation
- Judicial Review: While parliamentary privileges are generally protected from judicial review, the Supreme Court of India has occasionally examined issues related to parliamentary privileges to ensure that they are not abused and that constitutional principles are upheld
5. What is the Privileges Committee of Parliament?
The Privileges Committee of Parliament is a key parliamentary body tasked with investigating and addressing issues related to breaches of parliamentary privilege. The committee plays a crucial role in maintaining the integrity of parliamentary proceedings and ensuring that the privileges of Parliament and its members are respected
Functions of the Privileges Committee
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Investigating Complaints: The committee investigates allegations of breaches of parliamentary privilege, which can include issues like contempt of Parliament, misrepresentation, or interference with parliamentary proceedings.
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Examining Evidence: The committee examines evidence related to the alleged breach, including testimonies, documents, and other relevant information.
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Reporting Findings: After its investigation, the committee prepares a report detailing its findings and recommendations. This report is presented to the Parliament, and the recommendations may include disciplinary actions or other measures to address the breach.
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Advising on Privilege Matters: The committee advises the Parliament on matters related to parliamentary privilege and may suggest changes to rules or procedures to prevent future breaches.
Composition
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Lok Sabha (House of the People): In the Lok Sabha, the Privileges Committee typically consists of members from different political parties. The committee is chaired by a senior member, usually appointed by the Speaker of the Lok Sabha.
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Rajya Sabha (Council of States): Similarly, the Rajya Sabha has its own Privileges Committee, with members from various parties and chaired by a member appointed by the Chairman of the Rajya Sabha.
Procedure
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Raising a Matter: A breach of privilege may be raised by a member of Parliament, often in the form of a privilege motion. If the motion is accepted, the matter may be referred to the Privileges Committee for investigation.
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Investigation: The committee conducts a thorough investigation into the matter, which may involve collecting evidence, hearing witnesses, and reviewing documents.
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Report Submission: The committee submits its report to the Parliament, outlining its findings and recommendations. The Parliament then debates the report and decides on the course of action.
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For Prelims: Indian Polity
For Mains: GS-II: Parliament and State legislatures—structure, functioning, conduct of business, powers & privileges and issues arising out of these.
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Source: Indianexpress
INSURGENCY
1. Context
Over 75 camps with personnel of the Special Operations Group (SOG) in forest areas; regular training for Village Defence Committees (VDCs) with traditional as well as semi-automatic weapons; and an increased deployment of BSF personnel on the border with a special focus on tunnels
2. What is insurgency?
Insurgency refers to a rebellion or uprising against an established authority or government, often involving irregular armed groups or guerrilla fighters. Insurgencies typically aim to challenge or overthrow the existing political system, and they can vary in scale, from localized uprisings to widespread movements.
Key characteristics of insurgencies include:
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Asymmetrical Warfare: Insurgents often use unconventional tactics, such as guerrilla warfare, hit-and-run attacks, and sabotage, as opposed to traditional military strategies.
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Political Objectives: Insurgents usually have specific political goals, such as seeking independence, autonomy, or regime change.
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Support from Local Population: Successful insurgencies often rely on support from the local population, either for direct assistance or through passive sympathy.
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Prolonged Conflict: Insurgencies can last for extended periods, as they may involve protracted campaigns of resistance and negotiation.
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Low Intensity: Compared to full-scale wars, insurgencies often involve relatively lower-intensity conflict but can still cause significant disruption and casualties
3. What is the difference between insurgency and terrorism?
Insurgencies can involve terrorist tactics, and terrorist groups can adopt insurgency-like strategies. For example, an insurgent group might use terrorist attacks to undermine the government and gain support, while a terrorist group might seek to provoke an insurgency or exploit existing conflicts
| Subject | Insurgency | Terrorism |
| Objective | Insurgencies typically aim to challenge or overthrow an established government or authority. The goals are often political, such as achieving independence, autonomy, or regime change. |
Terrorism primarily aims to instill fear, create chaos, or coerce governments or societies into specific actions or changes. The goals can be political, ideological, or religious. |
| Methods | Insurgents use a mix of conventional and unconventional tactics. This includes guerrilla warfare, sabotage, and propaganda. They may seek to control territory and gain the support of local populations | Terrorists use violence and intimidation, often targeting civilians or non-combatants to achieve their objectives. Their methods include bombings, assassinations, and attacks on soft targets. |
| Scale and Duration | Insurgencies are often prolonged and can involve large-scale movements with organized groups. The conflict can be widespread and persistent | Terrorist activities can be episodic and may not involve prolonged conflicts. They are often characterized by high-profile, dramatic attacks |
| Engagement | Insurgents often engage in combat with state forces and may have a more organized structure compared to terrorist groups | Terrorist groups may not engage in conventional military battles. Instead, they often operate through clandestine cells or networks |
4. What are the various security challenges for India?
- India faces a range of security challenges that impact its stability and development. Internally, the country deals with insurgency and extremism, particularly in regions like Jammu and Kashmir, as well as in the North-East.
- Terrorism also poses a significant threat, with both domestic and international groups, such as Lashkar-e-Taiba and Jaish-e-Mohammed, targeting the country.
- Naxalism or Maoist insurgency continues to be a problem in central and eastern India, contributing to violence and instability in rural areas.
- Additionally, ethnic and sectarian conflicts and communal violence based on religious or regional differences further strain internal security.
- Externally, India faces ongoing border disputes with neighboring countries like China and Pakistan, with issues along the Line of Actual Control (LAC) with China and the Line of Control (LoC) with Pakistan.
- Cross-border terrorism, particularly from Pakistan, remains a significant concern. Geopolitical tensions in the Indian Ocean Region involving major powers like the United States and China also impact India's security.
- Maritime security is another challenge, including threats from piracy, territorial disputes, and the need to ensure safe sea lanes.
- Additionally, regional instability in neighboring countries, such as Afghanistan, can have spill-over effects on India.
- Cybersecurity is an emerging area of concern, with increasing threats from state and non-state actors targeting critical infrastructure, financial systems, and government networks. Data privacy issues also arise as the protection of personal and sensitive data becomes more critical.
- Economic and environmental security also play crucial roles. Economic disruptions, including global economic fluctuations and internal challenges, can affect stability.
- Environmental degradation, such as climate change and resource scarcity, further compounds these challenges, posing risks to the country's overall security.
- Addressing these multifaceted challenges requires a comprehensive approach involving diplomatic efforts, enhanced security measures, economic reforms, and community engagement
5.What are the various initiatives taken by the government to counter militancy in Jammu and Kashmir?
The Indian government has implemented various initiatives to counter militancy in Jammu and Kashmir, aiming to restore peace, provide security, and address underlying issues contributing to unrest.
Here are some key measures:
- Increased Military Presence: Deployment of additional troops and security forces to combat militant activities and maintain law and order.
- Counter-Terrorism Operations: Conducting targeted operations against militant groups and their infrastructure, including surveillance and intelligence-gathering.
- Surge in Border Security: Strengthening security along the Line of Control (LoC) to prevent infiltration of militants from Pakistan.
- Revocation of Article 370: In August 2019, the Indian government abrogated Article 370, which granted special autonomy to Jammu and Kashmir, aiming to integrate the region more closely with the rest of India and address administrative challenges.
- Creation of Union Territories: The reorganization of Jammu and Kashmir into two Union Territories (Jammu & Kashmir and Ladakh) to ensure more direct administrative control and governance.
- Election and Political Engagement: Efforts to conduct elections and engage local political leaders to promote democratic processes and enhance governance.
- evelopment Projects: Implementation of infrastructure and development projects to improve economic conditions and provide employment opportunities, thus reducing the appeal of militancy.
- Investment in Education and Health: Enhancing education and healthcare facilities to address social and economic disparities that contribute to militancy
6. Why is there a rise in terrorist attacks in Jammu?
- Cross-Border Terrorism: Militants from Pakistan-based groups, such as Lashkar-e-Taiba and Jaish-e-Mohammed, continue to infiltrate Jammu from Pakistan-occupied Kashmir. These groups seek to destabilize the region and undermine Indian sovereignty.
- Regional Instability: Broader geopolitical tensions in South Asia, including conflicts between India and Pakistan, contribute to heightened militant activity in Jammu.
- Revocation of Article 370: The abrogation of Article 370 in August 2019 and the subsequent reorganization of Jammu and Kashmir into Union Territories may have contributed to heightened unrest. Some militant groups view these changes as provocative and seek to resist them through violence.
- Local Discontent: Political and administrative changes can create discontent among certain sections of the population, which can be exploited by militant groups to incite violence
- Challenges in Border Security: Despite efforts to secure the Line of Control (LoC), there are occasional lapses and vulnerabilities that allow militants to cross into Jammu.
- Intelligence Failures: Gaps in intelligence and coordination can lead to difficulties in preempting and preventing terrorist attacks
- Economic Disparities: High levels of poverty, unemployment, and lack of development in certain areas can drive individuals toward militant activities as a means of livelihood or resistance.
- Disillusionment and Frustration: Socio-economic and political frustrations can lead to increased support for militant groups, especially if people feel marginalized or oppressed
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For Prelims: Current events of national and international significance
For Mains: GS-III: Internal Security
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Source: Indianexpress
LOK ADALAT
1. Context
Marking its 75th year, the Supreme Court kicked off a week-long, first-of-its-kind Lok Adalat, a “mega settlement drive”, as part of which, over the next four days, nearly 6,700 cases will be heard and disposed quickly. These cases will be taken up post lunch in the first seven courtrooms.
2. What are Lok Adalats?
Lok Adalats serve as an alternative method for resolving disputes, focusing on achieving amicable settlements. They offer litigants the advantage of prompt justice and significantly lower litigation costs. According to the Legal Services Authorities Act, 1987, decisions made in Lok Adalats are binding and cannot be appealed. In a response to the Lok Sabha, Union Law Minister Arjun Meghwal reported that as of December 2023, the backlog in the Supreme Court had risen to 80,765 cases, marking an increase of nearly 35% from the 59,859 cases recorded at the end of 2019
3.Reasons to establishing permanant Lok adalat
Permanent Lok Adalats (PLAs) were established in India to address several key issues within the traditional judicial system and improve the efficiency of dispute resolution.
The primary reasons for their establishment include:
- With the growing number of pending cases in the regular courts, there was a need for an alternative mechanism to handle disputes more efficiently and reduce the burden on the judiciary.
- PLAs aim to provide a quicker resolution to disputes compared to the often lengthy processes of traditional courts. This is intended to make justice more accessible and timely for the general public
- The traditional litigation process can be expensive. PLAs offer a cost-effective alternative by minimizing legal fees and other costs associated with court cases
- PLAs operate with a more informal and flexible approach compared to formal court proceedings. This helps in resolving disputes without the complexities and rigidity of traditional legal processes.
- By focusing on mediation and mutual agreements, PLAs promote settlements that are acceptable to all parties involved, rather than imposing a one-sided judgment.
- PLAs are designed to be more accessible to people from various backgrounds, including those who may not have the means to pursue lengthy legal battles in regular courts.
- Certain types of cases, such as those related to public utility services and compensation claims, are specifically handled by PLAs, allowing for specialized resolution in these areas.
4. What is the significance of the Lok Adalats?
Lok Adalats hold significant importance in the Indian legal system due to their role in enhancing the efficiency and accessibility of justice.
Their key significances include:
- Lok Adalats provide a faster resolution of disputes compared to traditional court proceedings, helping to alleviate the burden on the judiciary and reduce case backlogs.
- They offer a more affordable alternative to litigation, reducing legal costs for parties involved. This is particularly beneficial for economically disadvantaged individuals who might otherwise be unable to afford legal representation
- Lok Adalats are designed to be more accessible and less formal than traditional courts, making it easier for people from various backgrounds to participate and seek justice
- They focus on mediation and conciliation, encouraging parties to reach mutually acceptable agreements rather than having a decision imposed upon them. This approach fosters a collaborative rather than adversarial resolution
- By promoting settlement and avoiding lengthy litigation, Lok Adalats help minimize the conflict and stress associated with adversarial legal processes
- Lok Adalats often raise awareness about legal rights and dispute resolution mechanisms among the public, empowering individuals to seek justice and understand their legal options
- They handle specific types of cases, such as those related to public utility services, family matters, and compensation claims, allowing for specialized attention and resolution
- By resolving disputes outside the traditional court system, Lok Adalats help in managing the workload of regular courts, contributing to the overall efficiency of the judicial system
- Lok Adalats often involve community members, legal professionals, and social workers, fostering a sense of collective responsibility and involvement in the justice process
5.What are the features of the permanent Lok Adalats?
Permanent Lok Adalats (PLAs) in India are a key component of the alternative dispute resolution mechanism. They have several distinct features that set them apart from regular courts and other forms of dispute resolution.
Here are the main features of PLAs:
- Unlike occasional Lok Adalats, PLAs operate on a permanent basis, ensuring ongoing availability for resolving disputes. They are established in various districts and are meant to function continuously
- PLAs typically handle certain types of cases, including public utility services disputes, compensation claims (such as those related to motor accidents), and other matters where disputes are likely to arise frequently
- The proceedings in PLAs are less formal compared to traditional courts. The process is designed to be user-friendly and less intimidating for the parties involved
- The focus of PLAs is on mediation and conciliation, aiming to achieve a mutually acceptable settlement between the parties. This approach is intended to be collaborative rather than adversarial
- PLAs are chaired by a sitting or retired judge, along with other legal experts or social workers who have experience in dispute resolution. This ensures that the proceedings are conducted with legal and procedural expertise
- The services provided by PLAs are generally free or involve minimal costs, making them a cost-effective alternative to traditional litigation
- PLAs aim to resolve disputes quickly, often providing a faster resolution compared to the lengthy process of traditional court cases
- Decisions made by PLAs are legally binding and have the same enforceability as a court decree. Once a settlement is reached and recorded, it is legally enforceable
- PLAs are designed to be accessible to the general public, including individuals who may not have the resources to pursue lengthy legal battles in regular courts
- PLAs often play a role in educating the public about their legal rights and the available mechanisms for resolving disputes. This helps in increasing legal literacy and awareness
6. What is Alternative Dispute Redressal (ADR)?
Alternative Dispute Resolution (ADR) refers to a range of processes designed to resolve disputes outside the traditional judicial system. ADR methods are used to settle conflicts in a more informal, flexible, and often quicker manner compared to conventional court proceedings.
The main types of ADR include:
- In mediation, a neutral third party, called a mediator, helps the disputing parties communicate and negotiate to reach a mutually acceptable agreement. The mediator does not make decisions but facilitates dialogue and helps parties find common ground
- Arbitration involves a neutral third party, called an arbitrator or an arbitration panel, who makes a binding decision on the dispute after hearing arguments and reviewing evidence. Arbitration is often used for commercial disputes and can be less formal than court trials
- Conciliation is similar to mediation but often involves a more proactive role by the conciliator, who may suggest solutions and propose terms for settlement. The goal is to help the parties reach an agreement in a less adversarial manner
- In negotiation, the parties involved in a dispute directly communicate with each other to reach a settlement without the involvement of a third party. This method relies on the parties' ability to find a mutually acceptable resolution through direct discussion
- Specific to India, Lok Adalats are informal, community-based dispute resolution forums where cases are settled through mediation and conciliation, focusing on amicable settlements and quick resolutions
7.What are the challenges of the ADR mechanisms?
- ADR processes are often less formal than court proceedings, which can lead to inconsistencies in how disputes are resolved. The lack of standardized procedures may affect the predictability and fairness of outcomes.
- While decisions in arbitration are generally binding, those reached through mediation or negotiation may not always be legally enforceable unless formalized through a legal agreement. This can be a concern if parties do not adhere to the terms of the settlement.
- In ADR, especially in mediation and negotiation, power imbalances between the parties can affect the fairness of the process. One party may dominate or coerce the other, leading to unequal outcomes
- ADR decisions, particularly in arbitration, often have limited scope for appeal. This means that parties may have less recourse if they believe the decision was unfair or incorrect.
- While confidentiality is a feature of ADR, it can also be a challenge. The private nature of ADR proceedings can sometimes hinder transparency and accountability, especially in cases where public interest is significant
- The effectiveness of ADR largely depends on the skills and experience of the mediators, arbitrators, or conciliators involved. Inconsistent quality among ADR professionals can affect the outcomes and credibility of the process
- Parties may sometimes resist or fail to comply with ADR settlements, particularly if they perceive the process as biased or unfair. Ensuring compliance with ADR agreements can be a challenge
- ADR might not be suitable for very complex disputes or cases requiring detailed legal analysis. Some issues might be better suited for formal judicial resolution due to their complexity
- ADR does not create legal precedents, which means that similar cases might be resolved differently depending on the ADR process used. This can lead to uncertainty in how similar disputes are handled in the future
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For Prelims: Polity
For Mains: GS-II: Constitution and Polity
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Source: Indianexpress
HUNGER STRIKE AS A MODE OF PROTEST
1. Context
Hunger-strikes have always raised a series of complicated moral questions, such as whether it is appropriate to provide medicine against the will of a person on strike; or if force-feeding could be a dangerous protocol
2. Hunger Strikes
A hunger strike is a form of protest where individuals refuse to eat (and sometimes drink) in order to achieve a political or social goal. The practice is often used to draw attention to a cause, demand changes in policy, or highlight injustices. It can be a powerful way to express dissent, but it also poses serious health risks to those involved.
Notable historical examples include:
- Mahatma Gandhi: Used hunger strikes as a method of nonviolent protest during the Indian independence movement.
- Bobby Sands: An Irish Republican who went on a hunger strike in 1981 while imprisoned, which drew international attention to the political situation in Northern Ireland.
- Medea Benjamin: An activist who has used hunger strikes to protest various issues, including U.S. foreign policy
3. Revolutions by Starvation
- The concept of using hunger strikes as a form of political or social protest began to take shape in the late 19th century. Russian political prisoners under Tsarist rule, known as golodovka, used hunger strikes in Siberia to protest poor prison conditions.
- In 1898, a young Leon Trotsky led a hunger strike among other prisoners. In 1909, imprisoned suffragette Marion Wallace Dunlop began refusing food to be recognized as a political prisoner, inspiring other suffragettes to adopt the same method. In response, authorities implemented force-feeding, which resulted in the deaths of many suffragettes.
- The most significant impact on the development and popularization of hunger strikes came from the Irish republicans. In 1920, Terence MacSwiney died after refusing to be force-fed, and his death was followed by the martyrdom of 20 other revolutionaries
4.Examples in India
- In various local movements, revolutionaries from different political and ideological backgrounds have used hunger strikes as a means of protest, often facing martyrdom as a result. For example, Pandit Ram Rakha, a member of the Ghadar Party, died after refusing food to protest the forced removal of his janeu (sacred thread) by prison officials.
- Conversely, Ghadar Party leader Sohan Singh Bhakna engaged in a hunger strike to protest the segregation of Mazhabi Sikhs, who were considered 'low caste,' during his imprisonment in Lahore's central jail.
- Vinayak Savarkar, who generally opposed hunger strikes, unexpectedly considered undertaking one himself. When young Bengali revolutionary Nani Gopal Mukherjee went on a 72-day hunger strike to protest poor prison conditions, Savarkar, worried about Mukherjee’s health and having failed to persuade him to end his strike, threatened to starve himself if Mukherjee did not call off his protest. Mukherjee ended his strike in December 1912.
- Revolutionaries Bhagat Singh and Batukeshwar Dutt, while imprisoned, protested dire jail conditions by initiating an indefinite hunger strike, which was soon joined by their comrades. During this period, Jatin Das made his well-known “iota by iota” statement.
- After two weeks, the prison authorities attempted to force-feed the strikers, and during one such attempt, the feeding tube punctured Das's lung. He became paralyzed and, after 63 days on hunger strike, died on September 13, 1929, at the age of 24. He was later remembered as the "Indian Terence MacSwiney."
- Mahatma Gandhi, a staunch advocate of non-violence, preferred the term 'fasting' rather than 'hunger strike' and viewed fasting as a tool for reform rather than coercion. He believed fasting should be used to persuade and reform rather than to demand rights.
- For instance, Gandhi fasted for three weeks after the Chauri Chaura incident in 1922 to appeal for an end to violence.
- In September 1932, he undertook another fast unto death to oppose the British decision to reserve seats for Dalits in provincial legislatures, which was opposed by Dr. B.R. Ambedkar, who favored direct political representation for Dalits. Ultimately, Dr. Ambedkar yielded to Gandhi’s protest, but the experience left a lasting impact on him, leading him to later criticize the methods of civil disobedience and satyagraha, favoring constitutional methods instead.
- These diverse examples highlight the complex role of hunger strikes as a tool of protest, showcasing both their power and their potential for causing significant harm
5. Monopoly on Violence
- The first significant fast-unto-death protest in independent India occurred in 1952 when Potti Sriramulu called for the formation of a separate Andhra Pradesh. After 58 days of fasting, Sriramulu’s death ignited widespread protests and ultimately led to the creation of the new state.
- Another prominent hunger strike was led by Irom Sharmila in November 2000, following the alleged killing of 10 civilians by the 8th Assam Rifles in Manipur. Sharmila began an indefinite hunger strike and was arrested for attempted "suicide," remaining in police custody for 16 years while continuing her protest.
- Before India's independence from British rule, hunger strikes were primarily employed by freedom fighters against colonial oppression.
- However, these examples illustrate that even without a foreign occupying force, hunger strikes remain a significant challenge for the state.
- The primary focus often becomes suppressing the strike, which can lead to harsh measures, including violence by prison authorities aimed at ending the protest. With the state’s control over violence, such mistreatment can persist unchecked. At times, authorities may even attribute a hunger striker's death to unrelated causes.
- For instance, Mohan Kishore Namadas, a Bengali revolutionary who died in prison, was reported to have died of “lobar pneumonia,” with no mention of the forced feeding he endured. Achyut Ghatak, another revolutionary, described how protesters would cough heavily to move the feeding tube away from their throat to their mouths, where they would bite down to prevent food from being inserted.
- Despite these abuses, some jail doctors and prison staff have refused to participate in the mistreatment of hunger strikers. Ultimately, the state's actions depend on the individuals within it, and without their complicity, the protection of a prisoner’s rights remains largely theoretical
6.Social dilemma
- Some argue that a hunger strike carried out to the point of death resembles suicide. Theologian Herbert McCabe, in 1981, compared this notion to the debate over whether Margaret Thatcher could be considered a murderer due to the death of Irish Republican Army activist Bobby Sands, who perished after 66 days on a hunger strike. Sands, a devout Catholic, reportedly reflected on his choice, saying, “If I die, God will understand.”
- From its inception, the practice of hunger strikes has provoked complex and potentially unsolvable ethical dilemmas.
- These include questions about whether it is right to administer medicine or nutrition against a hunger striker’s will, the risks associated with force-feeding, and whether doctors who participate in force-feeding are upholding their Hippocratic oath.
- Hunger strikes represent a final form of resistance, highlighting the need for societies to be more aware of their responsibilities when dealing with hunger strikers and the broader issues of state response.
- A state that fails to recognize the significance of these protests and resorts to brutal measures against individuals who sacrifice their health for political or social causes can only lead to tragic outcomes
7.Way Forward
This sentiment may be what Yeats sought to convey in his play The King’s Threshold. Yeats wrote, “...if a man is wronged, or believes he is wronged, and he starves at another’s doorstep until he dies,” he observed, “The Common People, forever afterward, will condemn that doorstep, even if it belongs to the King.” This belief is what has sustained the use of hunger strikes as a form of protest; the hope that others will recognize the injustice and raise a strong outcry against it.
Source: The Hindu
NATIONAL MISSION ON NATURAL FARMING (NMNF)
1. Context
In her Budget proposals for 2024-25, Union Finance Minister Nirmala Sitharaman announced that in the next two years, one crore farmers across the country will be initiated into natural farming supported by certification and branding. Implementation will be through scientific institutions and gram panchayats, adding that 10,000 need-based bio-input resource centres will be established.
2.What is National Mission on Natural Farming (NMNF)?
- The National Mission on Natural Farming (NMNF) is an initiative by the Government of India aimed at promoting sustainable agricultural practices.
- Its primary focus is on encouraging natural farming methods that enhance soil health and reduce the dependence on chemical inputs. The mission seeks to provide a framework for transitioning towards farming practices that are environmentally friendly and economically viable for farmers.
- Under the National Mission on Natural Farming (NMNF), the government aims to encourage farmers to transition to chemical-free farming by showcasing the benefits of natural farming methods.
- The initiative seeks to foster a shift in farmer practices from chemical-based inputs to cow-based and locally-sourced inputs.
- The success of NMNF is seen as reliant on changing farmer behavior to embrace these sustainable methods.
- The natural farming program, known as ‘Bharatiya Prakritik Krishi Paddhati,’ has a budget of ₹4,645.69 crore allocated for a six-year period, from 2019-20 to 2024-25
3. What is Natural Farming?
Natural farming is an agricultural approach that emphasizes farming without the use of synthetic chemicals, fertilizers, or pesticides. Instead, it focuses on harnessing natural processes and organic inputs to enhance soil fertility, support plant health, and improve overall ecosystem sustainability.
The key principles of natural farming include:
- Natural farming relies on organic materials such as compost, manure, and green manures to nourish the soil and plants. It also incorporates natural amendments like bio-fertilizers and microbial inoculants
- The approach prioritizes practices that maintain and enhance soil health. This includes minimizing soil disturbance, promoting soil biodiversity, and using cover crops to prevent erosion and improve soil structure
- Encouraging a diverse range of crops and plant species helps create a balanced ecosystem. This diversity can lead to natural pest control and reduce the need for external inputs
- Natural farming integrates methods to manage pests and diseases without synthetic pesticides. Techniques might include crop rotation, companion planting, and the use of beneficial insects
- Some natural farming systems, such as the Bharatiya Prakritik Krishi Paddhati, emphasize the use of cow-based products like cow dung and cow urine, which are believed to enrich the soil and enhance plant growth
- The goal is to reduce reliance on external inputs, thereby lowering costs and environmental impact. This involves using locally available resources and traditional knowledge
- Natural farming views the farm as an integrated system where plants, animals, and the environment work together. This holistic approach aims to create a self-sustaining farming ecosystem
4. Challenges regarding natural farming
- Agriculture and food experts have expressed concerns about a widespread shift from chemical to natural farming in India due to its large population and the complexities of meeting its food needs.
- A recent academic paper titled "Zero Budget Natural Farming (ZBNF): Implications for Sustainability, Profitability, and Food Security," published by the National Bank for Agriculture and Rural Development and the Indian Council for Research on International Economic Relations, highlights significant differences in the results of two ZBNF studies. One study was conducted by the Centre for Economic and Social Studies (CESS) and the Institute for Development Studies Andhra Pradesh, while the other was carried out by the Indian Council of Agricultural Research (ICAR) and the Indian Institute of Farming Systems Research (IIFSR).
- The paper, authored by Sandip Das, Mahima Khurana, and Ashok Gulati, emphasizes the need for extensive long-term research before implementing natural farming on a national scale. It explores the mixed results from these studies, showing varying opinions on ZBNF.
- Andhra Pradesh is noted for its successful adoption of ZBNF, showing promising results. However, the IIFSR study raises concerns about the method’s sustainability and productivity.
- For example, the CESS study indicates that the reduced cost of biological inputs under ZBNF has led to increased crop yields and farmer incomes, enhancing food and nutritional security for those using this method.
- In contrast, the ICAR-IIFSR study reports a 59% reduction in wheat yields and a 32% drop in basmati rice yields compared to traditional crop management, which could negatively impact food supply
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Sri Lanka's Case Study
Before undertaking a large-scale shift from chemical to natural farming, it is crucial to conduct thorough studies and evaluations. A recent example is Sri Lanka, which experienced significant economic and political instability after opting for a complete switch to organic farming and banning chemical fertilizer imports. This policy change led to severe consequences, as farmers struggled to obtain natural fertilizers and saw declines in the yields of essential crops like rice, jeopardizing the country's food security. The resulting rise in prices triggered widespread protests and unrest
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5. Way Forward
M.S. Sidhu, a prominent economist and former professor at Punjab Agricultural University in Ludhiana, argues that while natural farming may be advantageous on a localized scale, implementing it widely in a densely populated country like India could be problematic. He points out that food security is a critical issue and suggests that if natural farming were adopted for staple cereals, it would only be sufficient to feed about one-third of the population. Given that wheat and rice are essential staples, relying on natural farming for these crops could lead to reduced yields, making it impractical without thorough scientific research on crop productivity
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For Prelims: Bt Cotton, High Yielding Varieties (HYV), Green Revolution
For Mains: 1.The Green Revolution is often credited with increasing agricultural productivity in India. However, it has also faced criticism for its environmental and social repercussions. Analyze the positive and negative aspects of the Green Revolution and its long-term sustainability
2.Critically evaluate the impact of the Green Revolution on income distribution among farmers in India. Has it contributed to income inequality within the agricultural sector? Provide examples and data to support your analysis
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Source: The Hindu
