LINE OF ACTUAL CONTROL (LAC)
1.Context
India and China would undertake “coordinated patrolling” in Depsang and Demchok along the Line of Actual Control (LAC) in Eastern Ladakh to avoid face-offs, as disengagement in both areas was expected to be completed by October 29, 2024
Pic credits: TRT WORLD
2.About Line of Actual Control (LAC)
The LAC is the demarcation that separates Indian-controlled territory from Chinese-controlled territory.
India considers the LAC to be 3,488 km long, while the Chinese consider it to be only around 2,000 km
It is divided into three sectors:
|
The eastern sector which spans Arunachal Pradesh and Sikkim,
The middle sector in Uttarakhand and Himachal Pradesh, and the western sector in Ladakh
|
3.The disagreement
- The alignment of the LAC in the eastern sector is along the 1914 McMahon Line, and there are minor disputes about the positions on the ground as per the principle of the high Himalayan watershed
- This pertains to India’s international boundary as well, but for certain areas such as Longju and Asaphila
- The line in the middle sector is the least controversial but for the precise alignment to be followed in the Barahoti plains.
- The major disagreements are in the western sector where the LAC emerged from two letters written by Chinese Prime Minister Zhou Enlai to PM Jawaharlal Nehru in 1959, after he had first mentioned such a ‘line’ in 1956.
- In his letter, Zhou said the LAC consisted of “the so-called McMahon Line in the east and the line up to which each side exercises actual control in the west”
- After the 1962 War, the Chinese claimed they had withdrawn to 20 km behind the LAC of November 1959
- During the Doklam crisis in 2017, the Chinese Foreign Ministry spokesperson urged India to abide by the “1959 LAC”
- India rejected the concept of LAC in both 1959 and 1962. Even during the war, Nehru was unequivocal: “There is no sense or meaning in the Chinese offer to withdraw twenty kilometres from what they call ‘line of actual control’
4.India's agreement to LAC
- LAC was discussed during Chinese Premier Li Peng’s 1991 visit to India, where PM P V Narasimha Rao and Li reached an understanding to maintain peace and tranquillity at the LAC.
- India formally accepted the concept of the LAC when Rao paid a return visit to Beijing in 1993 and the two sides signed the Agreement to Maintain Peace and Tranquillity at the LAC
- The reference to the LAC was unqualified to make it clear that it was not referring to the LAC of 1959 or 1962 but to the LAC at the time when the agreement was signed
- To reconcile the differences about some areas, the two countries agreed that the Joint Working Group on the border issue would take up the task of clarifying the alignment of the LAC
5.How is the LAC different from the Line of Control with Pakistan?
The LoC emerged from the 1948 ceasefire line negotiated by the UN after the Kashmir War. It was designated as the LoC in 1972, following the Shimla Agreement between the two countries. It is delineated on a map signed by DGMOs of both armies and has the international sanctity of a legal agreement.
The LAC, in contrast, is only a concept – it is not agreed upon by the two countries, neither delineated on a map or demarcated on the ground.
|
For Prelims: LAC, LOC For Mains: 1.What is this ‘line of control’? Is this the line China have created by aggression. Comment 2.What we know about the clash between Indian and Chinese soldiers in Arunachal Pradesh |
|
Previous Year Questions 1.The Line of Actual Control (LAC) separates (Karnataka Civil Police Constable 2020) A.India and Pakistan B.India and Afghanistan C.India and Nepal D.India and China Answer (D) 2.LAC (Line of Actual Control) is an effective border between India and ______. (SSC CHSL 2020) A.Pakistan B.Bhutan C.Sri Lanka D.China Answer (D) |
Source:indianexpress
ARCHAEOLOGICAL SURVEY OF INDIA (ASI)
1. Context
A Varanasi court on Friday rejected the plea filed by Hindu petitioners seeking additional survey by the Archaeological Survey of India (ASI) of the entire premises of the Gyanvapi complex.
2. What is a national monument?
A national monument is a protected area or site that has been designated by a government or other authority as having national significance. These monuments can be natural, cultural, or historical landmarks and are usually protected from development or other activities that could damage or destroy them. National monuments are often open to the public and may have visitor centers, trails, and other facilities to help people learn about and appreciate them. They are typically managed by government agencies or non-profit organizations that work to preserve and protect them for future generations.
3. About Archaeological Survey of India (ASI)
- The ASI was founded in 1861 by Alexander Cunningham, when he realised the need for a permanent body to oversee archaeological excavations and conservation.
- But while the body remained largely dysfunctional in the 19th century owing to fund crunch, in the decades preceding Independence, it became very active.
- A bulk of the protected monuments were taken under the ASI’s wings during the 1920s and30s, up till the 50s.
- But in the decades after independence, the focus of successive governments was on health, education and infrastructure, rather than protecting heritage.
- Even within the scope of heritage, the aim was to uncover more monuments and sites, instead of conservation.
Powers
- The ASI operates under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, which empowers it to protect and manage monuments and archaeological sites of national importance.
- The ASI formulates and enforces regulations related to archaeological activities, including excavations, conservation, and publication of findings.
- The ASI issues licenses for excavations, export of antiquities, and trade in archaeological objects.
Functions
- The ASI undertakes conservation and restoration of protected monuments and sites. This includes structural repairs, chemical preservation, and environmental management.
- The ASI conducts archaeological excavations to uncover historical remains, understand past civilizations, and enrich our knowledge of history.
- The ASI conducts research on various aspects of archaeology and publishes findings in reports, journals, and books.
- The ASI studies ancient inscriptions and coins to understand language, history, and economic systems.
- The ASI manages site museums at various monuments and archaeological sites to showcase artifacts and educate the public.
- The ASI conducts educational programs and outreach activities to raise public awareness about India's cultural heritage.
Role
- The ASI plays a vital role in preserving India's rich cultural heritage for future generations. It safeguards monuments and sites that represent diverse periods and cultures, fostering national identity and pride.
- By protecting and promoting historical sites, the ASI contributes significantly to India's tourism industry. Well-maintained monuments attract visitors, generating revenue and local economic benefits.
- The ASI's research activities contribute to our understanding of India's history, culture, and society. This knowledge enriches academic fields and informs public discourse.
Mandate
- To protect and preserve monuments and archaeological sites of national importance.
- To conduct research and excavations to understand India's past.
- To educate the public about India's cultural heritage.
- To promote tourism by developing and maintaining historical sites.
Significance
- The ASI is responsible for protecting and preserving India's archaeological sites, monuments, and artifacts. This includes conducting conservation and restoration work to ensure that these cultural treasures are maintained for future generations.
- India is home to numerous world-renowned archaeological sites and monuments, such as the Taj Mahal, Qutub Minar, and Ajanta and Ellora Caves. The ASI's efforts to preserve and promote these sites contribute to the country's tourism industry, attracting millions of visitors from around the world each year.
- India's rich cultural heritage is an integral part of its identity. The ASI's work helps to preserve and promote this heritage, fostering a sense of pride and connection among the country's citizens.
- The ASI conducts research and documentation on India's archaeological heritage, contributing to the understanding of the country's history and culture. It also plays a role in educating the public about India's archaeological sites and artifacts through exhibitions, publications, and educational programs.
- The ASI enforces laws and regulations related to the protection and preservation of India's cultural heritage. This includes the Ancient Monuments and Archaeological Sites and Remains Act, 1958, which provides legal protection to ancient monuments and archaeological sites in India.
4. The Way Forward
The Archaeological Survey of India plays an indispensable role in safeguarding and interpreting India's rich cultural heritage. Their efforts not only preserve the past but also contribute to academic knowledge, national identity, and economic development. As India navigates the future, the ASI's work remains vital in ensuring that its cultural legacy continues to inspire and educate generations to come.
|
For Prelims: Ancient Monuments and Archaeological Sites and Remains Act, 1958, ASI, For Mains:
1. Critically evaluate the role of ASI in fostering national identity and pride in India. How does their work contribute to social cohesion and understanding of diverse historical periods and cultures? (250 Words)
2. Evaluate the potential conflicts between preservation of cultural heritage and development projects. Suggest strategies for achieving a sustainable balance between economic progress and protection of historical sites. (250 Words)
|
|
Previous year UPSC Mains Question Covering similar theme: 1.The rock-cut architecture represents one of the most important sources of our knowledge of early Indian art and history. Discuss. (GS 1, 2020) |
Source: The Indian Express
MODEL CODE OF CONDUCT (MCC)
1. Context
The model code of conduct (MCC) imposed for the byelection in the Wayanad Lok Sabha constituency should not hinder the ongoing rehabilitation and relief work in the landslides-hit areas, the Kerala High Court has directed
2.How Election Commission describe MCC?
- The Model Code of Conduct (MCC) is a set of guidelines issued by the Election Commission of India (ECI) for political parties and candidates during elections.
- The MCC is designed to ensure free and fair elections by preventing the misuse of government machinery, maintaining a level playing field for all candidates, and avoiding any activities that could unduly influence voters.
- The Election Commission describes the Model Code of Conduct as a set of norms and rules that political parties and candidates must adhere to during the election process.
- The MCC comes into effect as soon as the election dates are announced and remains in force until the results are declared.
- It includes guidelines on various aspects of electioneering, such as campaigning, speeches, processions, polling day activities, and the content of election manifestos.
- The goal is to promote a fair and ethical electoral process, minimizing the chances of corrupt practices and ensuring that the democratic principles are upheld during elections
3.What is the Model Code of Conduct?
- The Model Code of Conduct, issued by the Election Commission, serves as a set of guidelines to oversee the conduct of political parties and candidates before elections.
- These guidelines encompass various aspects such as speeches, polling day procedures, polling booths, ministerial portfolios, election manifesto content, processions, and overall behavior. The aim is to ensure the integrity of elections.
- According to information from the Press Information Bureau, a version of the MCC was initially introduced during the 1960 state assembly elections in Kerala.
- It gained widespread adherence in the 1962 elections and has been consistently followed in subsequent general elections. In October 1979, the Election Commission expanded the MCC to include a section regulating the conduct of the 'party in power' to prevent any undue advantage during elections.
- The MCC is activated from the announcement of the election schedule until the declaration of results. Consequently, it comes into effect from the present evening and remains applicable until the conclusion of the entire election process.
- The MCC comprises eight provisions addressing general conduct, meetings, processions, polling day, polling booths, observers, the party in power, and election manifestos
4.When does the Model Code of Conduct come into effect?
- Once the code comes into effect, the governing party, whether at the national or state level, must ensure that its official position is not exploited for campaign purposes.
- Consequently, no policies, projects, or schemes should be announced that could sway voting behavior. The party is also prohibited from utilizing public funds for advertising or using official media platforms to publicize achievements with the intention of enhancing electoral prospects.
- The guidelines further dictate that ministers should refrain from combining official visits with election-related activities or utilizing official resources for such purposes.
- The ruling party is barred from employing government transportation or machinery for campaign activities. Additionally, it is mandated to provide opposition parties with equal access to public spaces like grounds for conducting election meetings, as well as amenities such as helipads, under the same terms and conditions applied to the ruling party.
- Any advertisements at the expense of the public treasury in newspapers and other media outlets are considered an offense. The ruling government is also restricted from making ad-hoc appointments in governmental bodies and public enterprises that may unduly influence voters.
- The Model Code of Conduct strictly prohibits the use of caste and communal sentiments to attract voters, allowing criticism of political parties or candidates solely based on their track record. Places of worship, including mosques, churches, and temples, are not to be employed for election propaganda.
- Practices such as bribery, intimidation, and voter impersonation are explicitly forbidden. Public meetings within the 48-hour period leading up to the poll closing time are also proscribed, known as the "election silence," aiming to provide voters with a campaign-free environment for reflection before casting their votes
5.Is the Model Code of Conduct legally binding?
- The Model Code of Conduct (MCC) is not a legally binding document in the sense that it is not enforceable by law. It is a set of guidelines and ethical standards issued by election management bodies, such as the Election Commission of India, to ensure fair play and ethical behavior during elections.
- The MCC is followed by political parties and candidates on a voluntary basis, and adherence is more a matter of political ethics and a commitment to maintaining the integrity of the electoral process.
- While the MCC itself does not have statutory backing, certain aspects of it may be supported by legal provisions. For example, if a political party or candidate violates specific principles outlined in the MCC, they may be subject to legal action under relevant electoral laws. However, the MCC, as a whole, is more of a moral and ethical code that relies on the cooperation and voluntary compliance of political participants.
- The Election Commission, as the custodian of the MCC, can take various actions against those who violate its principles.
- These actions may include issuing warnings, reprimands, and, in severe cases, canceling candidature or disqualification. The idea behind the MCC is to foster a fair and transparent electoral process and to prevent the misuse of power during election campaigns
6. Way forward
The ECI can issue a notice to a politician or a party for alleged breach of the MCC either on its own or on the basis of a complaint by another party or individual. Once a notice is issued, the person or party must reply in writing — either accepting fault and tendering an unconditional apology or rebutting the allegation. In the latter case, if the person or party is found guilty subsequently, he/it can attract a written censure from the ECI — something that many see as a mere slap on the wrist
|
For Prelims: Current events of national and international importance. For Mains: General Studies II: Salient features of the Representation of People’s Act. |
Source: Indianexpress
MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE ACT (MGNREGA)
1. Context
The anti-defection law in India, a crucial instrument designed to maintain the stability of governments and uphold the integrity of democratic institutions, has been a subject of much debate since its inception. Introduced in 1985, the law sought to address the rampant party-switching by legislators, which frequently led to political instability. While it has been somewhat effective in curbing the practice of defection, various loopholes and implementation issues have surfaced over time, necessitating further reforms
2. About the National Level Monitoring (NLM) report
- The National Level Monitoring (NLM) report is a study conducted by the Ministry of Rural Development (MoRD) to assess the implementation of various rural development programs in India.
- The report is based on field visits and interviews with stakeholders at the grassroots level.
- The NLM report is an important tool for the government to identify areas where improvement is needed and track rural development programs' progress.
- The report also provides valuable insights into the challenges faced by rural communities and the impact of government interventions.
The NLM report typically identifies the following areas:
- The coverage of rural development programs
- The quality of implementation of rural development programs
- The impact of rural development programs on the lives of rural people
The NLM report also provides recommendations to the government on improving the implementation of rural development programs and making them more effective.
3. The findings of the NLM report
- In 2017-18, the NLM report found that the quality of construction of 87% of the verified works under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) was satisfactory. However, the report also found that only 139 out of 301 districts had seven registers maintained satisfactorily.
- In 2018-19, the NLM report found that the job cards, an important document that records entitlements received under MGNREGA, were not regularly updated in many districts. The report also found that there were significant delays in payments to workers.
- In 2019-20, the NLM report found that the Pradhan Mantri Awaas Yojana - Gramin (PMAY-G) program was facing challenges due to a shortage of construction materials and skilled labour. The report also found that there were delays in the processing of applications and the release of funds.
- The NLM report for 2020-21 found that the coverage of rural development programs had improved significantly in recent years. However, the report also found that there was still a need to improve the quality of implementation of these programs.
- The NLM report for 2021-22 found that the impact of rural development programs on the lives of rural people had been positive overall. However, the report also found that there were still some disparities in the impact of these programs across different regions and social groups.
4. Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA)
The Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) is a social welfare program that guarantees 100 days of unskilled manual wage employment in a financial year to a rural household whose adult members volunteer to do unskilled manual work. The Act was enacted by the Government of India in 2005 and came into force on February 2, 2006.
4.1. Mandate and Goals
- The mandate of MGNREGA is to provide employment and ensure food security for rural households.
- The scheme also aims to strengthen natural resource management, create durable assets, improve rural infrastructure, and promote social equity.
- The goals of MGNREGA are to Reduce rural poverty, Increase employment opportunities, Improve food security, Create durable assets, Improve rural infrastructure and Promote social equity.
4.2. Core Objectives
- The primary goal of MGNREGA is to provide at least 100 days of guaranteed wage employment in a financial year to every rural household whose adult members volunteer to do unskilled manual work.
- The program aims to reduce poverty and distress by offering employment opportunities, especially during seasons of agricultural unemployment.
- MGNREGA encourages the creation of productive and durable assets such as water conservation structures, rural infrastructure, and land development. These assets not only improve rural livelihoods but also contribute to sustainable development.
- The Act promotes gender equality by ensuring that at least one-third of the beneficiaries are women and that their participation in the workforce is actively encouraged.
4.3. Key Stakeholders
- Rural households are the primary beneficiaries and participants in the MGNREGA scheme.
- Gram Panchayats play a pivotal role in implementing the program at the grassroots level. They are responsible for planning, execution, and monitoring of MGNREGA projects within their jurisdiction.
- The central government provides the funds and sets the broad guidelines, while the state governments are responsible for the program's effective implementation.
- The DPC is responsible for the overall coordination and monitoring of MGNREGA activities within a district.
- Rural labourers, both skilled and unskilled, participate in MGNREGA projects and directly benefit from the program.
4.4. Role of Gram Sabha and Gram Panchayat
- The Gram Sabha is the village assembly consisting of all registered voters in a village. Its role in MGNREGA includes discussing and approving the annual development plan, ensuring transparency in project selection, and conducting social audits to monitor program implementation.
- The Gram Panchayat is responsible for planning, approving, executing, and monitoring MGNREGA projects within its jurisdiction. It also maintains records of employment provided, ensures timely wage payments, and conducts social audits. The Panchayat is accountable for the effective utilization of MGNREGA funds.
4.5. Issues with MGNREGA
- Delayed wage payments to labourers have been a persistent issue, affecting the livelihoods of beneficiaries.
- There have been cases of corruption and leakages in the implementation of MGNREGA projects, leading to suboptimal outcomes.
- Administrative inefficiencies, complex procedures, and bureaucratic hurdles have hampered program delivery.
- Some argue that the quality and effectiveness of assets created under MGNREGA projects have been variable and not always aligned with the intended goals.
- Not all eligible rural households are provided 100 days of guaranteed employment, which can limit the program's impact.
- Adequate budget allocation to meet the program's demands and inflation-adjusted wages remains a concern.
5. Conclusion
MGNREGA has made a positive impact on the lives of rural people, particularly in terms of employment opportunities and the creation of durable assets. It remains a crucial tool in India's efforts to promote rural development, reduce poverty, and achieve social equity. Addressing the identified issues will be critical in ensuring the continued success and effectiveness of the program in the years to come.
|
For Prelims: MGNREGA, National Level Monitoring (NLM) report, Ministry of Rural Development, rural development, Pradhan Mantri Awaas Yojana - Gramin (PMAY-G),
For Mains:
1. Evaluate the importance of the Mahatma Gandhi National Rural Employment Guarantee Act in the context of rural development and food security in India. How does MGNREGA contribute to sustainable development and rural infrastructure improvement? (250 Words)
|
|
Previous Year Questions
Prelims
1. Among the following who are eligible to benefit from the “Mahatma Gandhi National Rural Employment Guarantee Act”? (UPSC 2011) (a) Adult members of only the scheduled caste and scheduled tribe households Answer: D 2. The Multi-dimensional Poverty Index developed by Oxford Poverty and Human Development Initiative with UNDP support covers which of the following? (UPSC 2012)
Select the correct answer using the codes given below: (a) 1 only (b) 2 and 3 only (c) 1 and 3 only (d) 1, 2 and 3 Answer: A 3. Which of the following grants/grant direct credit assistance to rural households? (UPSC 2013)
Select the correct answer using the codes given below: (a) 1 and 2 only (b) 2 only (c) 1 and 3 only (d) 1, 2 and 3 Answer: C 4. How does the National Rural Livelihood Mission seek to improve livelihood options of rural poor? (UPSC 2012)
Select the correct answer using the codes given below: (a) 1 and 2 only (b) 2 only (c) 1 and 3 only (d) 1, 2 and 3 Answer: B 5. Under the Pradhan Mantri Awaas Yojana-Gramin (PMAY-G), the ratio of the cost of unit assistance to be shared between the Central and State Governments is: (MP Patwari 2017) A. 60:40 in plain areas and 90:10 for North Eastern and the Himalayan States
B. 70:30 in plain areas and 80:20 for North Eastern and the Himalayan States
C. 50:50 in plain areas and 70:30 for North Eastern and the Himalayan States
D. 75:25 in Plain areas and 85:15 for North Eastern and the Himalayan States
Answer: A
Mains
1. The basis of providing urban amenities in rural areas (PURA) is rooted in establishing connectivity. Comment (UPSC 2013)
|
Source: indianexpress
INDIAN AND AMERICAN DEMOCRACIES
1. Context
While India has completed its general elections in mid-2024 and the new government has assumed office, the US is gearing up for its own electoral process, with the presidential elections set to take place soon.
2. Democracy and India
In mid-2024, India concluded its general elections, leading to the establishment of a new government. As this unfolds, the United States is preparing for its upcoming presidential election.
India, recognized as the world’s largest democracy, has once again demonstrated the strength of its electoral system, with over 640 million citizens casting their votes. In contrast, the United States, one of the world’s oldest democracies, upholds a tradition of representative governance that has shaped global democratic values for over 200 years. The resilience of these two diverse democratic frameworks is grounded in their well-designed constitutions, which form the backbone of each nation’s governance. Although each constitution envisions distinct political systems, both share some similarities as well as notable differences.
3. India's Constitutional Journey
- The Indian Constitution establishes a parliamentary democracy within a federal framework. It follows a dual executive model, where the Prime Minister acts as the head of government and holds real executive power, while the President, as the head of state, primarily serves a ceremonial role.
- India's quasi-federal system allocates power between a strong central government and the states, which do not possess the authority to withdraw from the union. The Constitution also blends elements of American judicial supremacy with British parliamentary supremacy.
- India’s Supreme Court has the power of judicial review to invalidate parliamentary laws that conflict with constitutional principles, whereas Parliament retains the authority to amend the Constitution, provided these changes do not alter its basic structure
4. US Constitutional System
- The U.S. Constitution establishes a presidential system in which the President serves as both the official and functional executive, holding powers as both head of state and head of government. This structure is rooted in the doctrine of separation of powers, keeping the executive distinct from the legislature and conferring substantial authority upon the President.
- The U.S. also has a federal system, granting states significant autonomy relative to the federal government, with residual powers residing with the states. Judicial supremacy is central, as the Supreme Court holds the authority to deem any law unconstitutional, ensuring oversight of the legislative branch.
- Unlike India, the U.S. Constitution has a rigorous amendment process, lacking a counterpart to India’s basic structure doctrine. Amendments require approval by a two-thirds majority in both chambers of Congress, followed by ratification from three-quarters of the states.
- This challenging process has limited the U.S. Constitution to only 27 amendments since 1787, while India’s more adaptable amendment process has led to 106 amendments since 1949
5. Similarities between Indian and American
- Both the Indian and U.S. constitutions share notable similarities as well as fundamental differences in their underlying philosophies and structural approaches, beyond those already highlighted. India’s Constituent Assembly crafted its constitution by incorporating and adapting valuable principles from various global constitutions to suit India’s unique context.
- Dr. B.R. Ambedkar, who chaired the Constituent Assembly’s drafting committee, famously remarked that the Indian Constitution was shaped by drawing insights from “all the known Constitutions of the World.” Among these influences, the U.S. Constitution was particularly significant.
- Several key elements of the Indian Constitution, including the provision of fundamental rights, the independence of the judiciary, judicial review, mechanisms for the impeachment of the President and judges, and the office of the Vice President, were adapted from the U.S. model
6. Differences between Indian and American
- Despite these similarities, notable distinctions exist between the two constitutions. India’s vibrant multi-party system stands in contrast to the predominantly two-party system in the United States. While India’s Constitution includes fundamental rights that not only shield individuals from state interference but also mandate the promotion of social and economic rights, the U.S. Constitution primarily emphasizes individual liberties and protections against government intrusion.
- India’s Constitution includes specific provisions for declaring a state of emergency, allowing the government special powers in times of crisis. In contrast, the U.S. Constitution lacks formal emergency powers, limiting suspension of certain rights to situations of war or rebellion.
- Both countries are federal, yet India is considered quasi-federal, described as an “indestructible union of destructible states,” while the U.S. is a true federation, often termed an “indestructible union of indestructible states.”
- The judicial structures also differ significantly. India has a unified judiciary with the Supreme Court at the top, followed by High Courts and subordinate courts, giving the Supreme Court final authority on constitutional and legal issues. In the U.S., a dual court system exists with separate state and federal courts, where states manage their own legal matters, alongside federal courts handling federal issues.
- Judicial appointments also vary. In India, Supreme Court judges are appointed by the President based on recommendations from the Prime Minister and a collegium of senior judges. In the U.S., Supreme Court justices are nominated by the President and must be confirmed by the Senate
7. Secularism
- India and the United States are both secular nations, but their interpretations of secularism differ. Each country’s constitution reflects its unique sociocultural setting and historical context.
- The U.S. embraces a form of secularism often called “negative secularism,” which establishes a clear separation between religion and government. In this framework, the state remains neutral, neither supporting nor opposing any religion. This model was shaped to prevent a theocratic state or an official religion, issues that had led to significant conflicts in Europe.
- In contrast, India’s secularism, termed “positive secularism,” acknowledges the country’s rich diversity of religions and does not enforce strict separation between religion and state. Instead, the Indian Constitution ensures that no single religion is established as the state religion while granting citizens and non-citizens various religious rights. This approach allows the state to respect all religions equally and, when necessary, intervene in religious matters to protect the rights of communities and maintain social harmony.
- In sum, despite these distinctions, both India and the U.S. are committed to democratic principles and the rule of law. Their constitutions support two dynamic democracies that continue to impact the global political stage.
- As both nations face new challenges in the 21st century, the oldest and the largest democracies can draw valuable insights from one another, with their constitutions remaining central to their success as democratic societies
8. Conclusion
Comparative study of India and the U.S., particularly regarding their governance systems, constitutional frameworks, and concepts of secularism, highlights both the diversity and shared commitment of these two great democracies. Despite significant differences in their political structures—India’s parliamentary, quasi-federal setup with a flexible approach to constitutional amendments versus the U.S.’s presidential, firmly federal system with a rigorous amendment process—both nations uphold the principles of democratic governance and the rule of law.
Their distinct approaches to secularism, rooted in historical contexts, further illustrate how each constitution seeks to balance religious freedoms with national unity. While the U.S. ensures a strict separation between church and state, India’s model embraces a pluralistic approach, allowing the state to engage in religious matters for social equity.
These unique paths have led to the development of two vibrant democracies that influence global politics, each providing lessons in resilience, adaptability, and inclusiveness. Moving forward, India and the U.S., as the world’s largest and oldest democracies, respectively, will continue to navigate the evolving challenges of the 21st century, with their constitutional values serving as the foundation for sustained democratic progress
|
For Prelims: Fifth Schedule, Sixth Schedule, Autonomous distric council
For Mains: 1.Explain the significance of the Fifth Schedule of the Indian Constitution in the context of tribal governance. How does it protect the interests of Scheduled Tribes?
2.Discuss the provisions and objectives of the Sixth Schedule of the Indian Constitution. How does it impact the governance of tribal areas in the Northeastern states?
|
|
Previous Year Questions
1.What is/ are true in relation to Autonomous Districts (CGPSC 2021)
1. Each Autonomous District Council has 30 members
2.24 members of the Autonomous District Council are elected via voting and rest 6 are nominated by Governor
3.Rights to direct the Acts passed by the Parliament of India is Autonomous. Districts of Assam lie with Governor
A.1 , 2 and 3
B. 1 and 3
C. 1 and 2
D. 1 Only
Answer (B)
2. Based on the Sixth Schedule of Indian Constitution, with respect to the tribal areas of Assam, Meghalaya, Tripura and Mizoram (DSSSB PRT General Section Officer 2019)
Which of the following can the Governor of a State do?
1. Can create a new autonomous district
2. The area of atonomous district can be increased
A. 1 Only
B. 2 Only
C. Both 1 and 2
D. Neither 1 nor 2
Answer (C)
|
Source: indianexpress
CHIEF JUSTICE INDIA (CJI)
1. Context
President Droupadi Murmu appointed Justice Sanjiv Khanna as the 51st Chief Justice of India. Justice Khanna, who is likely to take oath on November 11, will succeed CJI D Y Chandrachud who is due to retire on November 10
2. How the Chief Justice of India is appointed?
The Chief Justice of India (CJI) is appointed through a specific process that involves several key steps:
-
Seniority Principle: The appointment of the Chief Justice is primarily based on seniority among the judges of the Supreme Court of India. The President of India typically appoints the senior-most judge of the Supreme Court as the Chief Justice.
-
Consultation with the Prime Minister: The President consults with the Prime Minister of India regarding the appointment. While the Prime Minister plays a role, the recommendation for the Chief Justice generally aligns with the seniority principle.
-
Collegium System: The appointment also involves the Collegium system, which comprises the Chief Justice and the four other senior-most judges of the Supreme Court. The Collegium recommends the appointment of the Chief Justice to the President. This system was established to maintain the independence of the judiciary and to ensure that the appointment process is insulated from political influence.
-
Formal Appointment: Once the recommendation is made, the President formally appoints the Chief Justice of India, following the procedures outlined in the Constitution of India.
-
Oath of Office: After the appointment, the Chief Justice takes an oath of office, as specified in the Constitution, before assuming the responsibilities of the position
3. Qualifications for Chief Justice of India
-
In addition to being an Indian citizen, an individual must (a) have served as a judge of a High Court or multiple such courts in succession for a minimum of five years, (b) have practiced as an advocate in a High Court or in two or more such courts in succession for at least ten years, or (c) be regarded as a distinguished jurist by the President.
-
The appointment of the Chief Justice of India and other Supreme Court judges is made by the President in accordance with clause (2) of Article 124 of the Indian Constitution. Article 124 specifies that the President should make these appointments “after consultation” with Supreme Court judges as deemed necessary.
-
Article 217, which pertains to the appointment of High Court judges, states that the President must consult the Chief Justice of India, the Governor, and the Chief Justice of the relevant High Court. Additionally, the Chief Justice of India serves until the age of 65, while High Court judges retire at the age of 62
4. Jurisdiction And Powers Of Chief Justice of India
The Chief Justice of India (CJI) holds a crucial position in the Indian judiciary and has various jurisdictions and powers that significantly influence the legal system of the country. Here are the main aspects of the CJI's jurisdiction and powers:
- Constitutional Bench: The CJI often presides over constitutional benches, which handle significant matters concerning the interpretation of the Constitution and fundamental rights.
- Appeals: The CJI has the authority to hear and decide cases, including appeals against decisions from lower courts. This includes civil, criminal, and constitutional matters.
- Appointment of Judges: The CJI plays a vital role in the appointment and transfer of judges in the higher judiciary, including the Supreme Court and High Courts, through the collegium system.
- Case Allocation: The CJI has the discretion to allocate cases to different benches of the Supreme Court, deciding which judges will hear particular matters.
- Court Management: The CJI oversees the administrative functions of the Supreme Court, including the management of court schedules and the implementation of court procedures
- Advisory Jurisdiction: Under Article 143 of the Constitution, the President of India can seek the opinion of the Supreme Court on questions of law or fact, and the CJI often plays a key role in these advisory proceedings
- Contempt Jurisdiction: The CJI has the power to initiate contempt proceedings against individuals or entities that disrespect or disobey court orders or undermine the authority of the court.
- Review Powers: The CJI, along with the Supreme Court, exercises the power of judicial review, which allows the court to invalidate laws and executive actions that violate the Constitution
- Leader of the Judiciary: As the head of the judiciary, the CJI represents the Supreme Court in all matters and engagements, both within the judicial system and in interactions with the executive and legislative branches of government.
- Public Interest Litigations (PILs): The CJI can admit and hear public interest litigations, enabling individuals or groups to seek justice on behalf of those unable to do so
- Rules and Regulations: The CJI, in consultation with other judges, has the authority to frame rules for the functioning of the Supreme Court, including procedural rules.
|
Articles 124 to 147 in Part V of the Constitution
Article 124: Establishment and Constitution of the Supreme Court
Article 125: Salaries, Allowances, and Conditions of Service
Article 126: Appointment of Acting Chief Justice
Article 127: Appointment of Additional Judges
Article 128: Sessions of the Supreme Court
Article 129: Supreme Court to be a Court of Record
Article 130: Seat of the Supreme Court
Article 131: Original Jurisdiction
Article 132: Appellate Jurisdiction in Constitutional Matters
Article 133: Appellate Jurisdiction in Other Matters
Article 134: Appellate Jurisdiction in Criminal Matters
Article 135: Jurisdiction and Powers of the Supreme Court
Article 136: Special Leave to Appeal
Article 137: Review of its Own Judgments
Article 138: Enlargement of Jurisdiction of the Supreme Court
Article 139: Power of Supreme Court to Transfer Cases
Article 140: Power of Supreme Court to Make Rules
Article 141: Law Declared by the Supreme Court to be Binding
Article 142: Enforcement of Rights and Doing Complete Justice
Article 143: Advisory Jurisdiction
Article 144: Civil and Judicial Authorities to Act in Aid of the Supreme Court
Article 145: Rules of Procedure
Article 146: Appointment of Officers and Other Employees
Article 147: Interpretation
|
5. Way Forward
The government notification stated, “In accordance with the authority granted by clause (2) of Article 124 of the Constitution of India, the President is pleased to appoint Shri Justice Sanjiv Khanna, currently a Judge of the Supreme Court, as the Chief Justice of India, effective from 11 November 2024.”
-
Justice Khanna was appointed to the Supreme Court in January 2019. Although he has not previously served as Chief Justice of a High Court, he was promoted ahead of more senior judges from the Delhi High Court.
-
Justice Khanna has been instrumental in several important rulings. He was part of the five-judge Constitution Bench that declared the Electoral Bond Scheme unconstitutional in February of this year and was also a member of the bench that upheld the repeal of Article 370 of the Constitution in 2023. Additionally, in 2023, Justice Khanna authored a significant ruling from a Constitutional Bench, affirming that the Supreme Court has the authority to grant divorce directly under Article 142 of the Constitution based on the grounds of “irretrievable breakdown of marriage.”
|
For Prelims: Collegium system, National Judicial Appointments Commission (NJAC), Supreme court, Article 124, 99th Constitutional Amendment Act
For Mains:
1. Discuss the evolution of the Supreme Court of India from its inauguration in 1950 to the present day. How has its structure and capacity evolved to meet the changing demands of the legal landscape? (250 Words)
2. Examine the constitutional provisions that govern the Supreme Court of India. How do these provisions delineate the powers, jurisdiction, and composition of the Supreme Court? (250 Words)
3. What are the key features of the National Judicial Appointments Commission (NJAC) Act, and how did it differ from the Collegium system? (250 Words)
4. How does the appointment process of judges in the Supreme Court of India, emphasise the role of the Collegium system? What are the concerns associated with this system, and do you believe reforms are necessary? (250 Words)
|
|
Previous Year Questions
1. With reference to the Indian judiciary, consider the following statements: (UPSC 2021)
1. Any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with the prior permission of the President of India.
2. A High Court in India has the power to review its own judgment as the Supreme Court does.
Which of the statements given above is/are correct?
A. 1 only B. 2 only C. Both 1 and 2 D. Neither 1 nor 2
2. In India, Judicial Review implies (UPSC 2017)
A. the power of the Judiciary to pronounce upon the constitutionality of laws and executive orders
B. the power of the Judiciary to question the wisdom of the laws enacted by the Legislatures
C. the power of the Judiciary to review all the legislative enactments before they are assented to by the President
D. the power of the Judiciary to review its own judgments given earlier in similar or different cases
3. Consider the following statements:
1. The motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of the Lok Sabha as per the Judges (Inquiry) Act, 1968.
2. The Constitution of India defines and gives details of what constitutes 'incapacity and proved misbehaviour' of the Judges of the Supreme Court of India
3. The details of the process of impeachment of the Judges of the Supreme Court of India are given in the Judges (Inquiry) Act, of 1968.
4. If the motion for the impeachment of a Judge is taken up for voting, the law requires the motion to be backed by each House of the Parliament and supported by a majority of the total membership of that House and by not less than two-thirds of total members of that House present and voting.
Which of the statements given above is/are correct?
A. 1 and 2 B. 3 only C. 3 and 4 only D. 1, 3 and 4
4.The power to increase the number of judges in the Supreme Court of India is vested in (UPSC 2014)
A. the President of India B. the Parliament C. the Chief Justice of India D. the Law Commission 5.The power of the Supreme Court of India to decide disputes between the Centre and the States falls under its (UPSC P 2014)
A. advisory jurisdiction B. appellate jurisdiction. C. original jurisdiction D. writ jurisdiction Answers: 1-A, 2-A, 3-C, 4-B, 5-C
|
Source: IndianExpress
