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DAILY CURRENT AFFAIRS, 06 NOVEMBER 2024

BASIC STRUCTURE OF INDIAN CONSTITUTION

 

1. Context

The Supreme Court held that the validity of a law cannot be challenged for violating the Basic Structure of the Constitution.

2. What is the Basic Structure Doctrine?

  • The Doctrine of Basic Structure is a form of judicial review that is used to test the legality of any legislation by the courts.
  • The doctrine was evolved by the Supreme Court in the 1973 landmark ruling in Kesavananda Bharati v State of Kerala. In a 7-6 verdict, a 13-judge Constitution Bench ruled that the ‘basic structure’ of the Constitution is inviolable, and could not be amended by Parliament. 
  • If a law is found to “damage or destroy” the “basic features of the Constitution”, the Court declares it unconstitutional.
  • The test is applied to constitutional amendments to ensure the amendment does not dilute the fundamentals of the Constitutional itself. 

3. Evolution of Basic Structure Doctrine

3.1 Shankari Prasad Case, 1951

  • SC opined that the power of the parliament to amend the constitution under Article 368 also includes the power to amend Fundamental Rights.
  • It based its judgment on the logic that the word ‘law’ mentioned in Article 13 includes only ordinary laws and not constitutional amendment acts.

3.2 Golaknath Case, 1967

  • SC overruled its judgment. It ruled in this that- Fundamental Rights are given a transcendental and immutable position and hence the Parliament cannot abridge or take away any of these rights.
  • It opined the constitutional amendment act is also a law under Art 13.
  • Parliament reacted to this judgment by enacting 24th amendment act which included a provision in Art 368 which declared that Parliament has power to take away any of the fundamental rights.

3.3 Keshavananda Bharati Case, 1973

SC overruled its judgment in the Golaknath case. It upheld the validity of the 24th amendment act and opined that parliament is empowered to take away or abridge any of the FRs. However, such changes should not alter the ‘basic structure’ of the constitution.
 
3.4 42nd CAA 1976
 
Amended Art. 368-no limitation on the constituent power of Parliament. Any amendment cannot be questioned in any court on any ground.

3.5 Minerva Mills Case, 1980

Parliament reacted to the above case by enacting 42nd amendment act which declared under article 368 that there is no limitation on the constituent power of Parliament and it barred the courts from questioning such amendments. This provision was invalidated by the SC stating that Parliament cannot take away the ‘judicial review’ power of the constitution since it is part of the ‘basic structure of the doctrine’.

3.6 Waman Rao Case, 1981 

SC clarified that doctrine would be apply to constitutional amendments enacted after April 24, 1973 (Kesavananda Bharati case) (Including 9th schedule).
 
4. Basic Features of Indian Constitution 
 
In the Kesavananda ruling, the Supreme Court cited several aspects of the Constitution that could be identified as “basic features” of the document but added that it was not an exhaustive list.
  • the supremacy of the Constitution,
  • the rule of law,
  • Independence of the judiciary,
  • doctrine of separation of powers,
  • sovereign democratic republic,
  • the parliamentary system of government,
  • the principle of free and fair elections,
  • welfare state, etc.

5. Significance of Basic Structure

  • The basic structure doctrine is a testimony to the theory of Constitutionalism to prevent the damage to essence of COI by brute majority of the ruling majority.
  • The basic doctrine saved the Indian democracy as it acts as a limitation of constituent power or else unlimited power of parliament might have turned India into a totalitarian.
  • It helps us to retain the basic tenets of our constitution so meticulously framed by the founding fathers of our Constitution.
  • It strengthens our democracy by delineating a true separation of power where Judiciary is independent of other two organs. It has also given immense untold unbridled power to Supreme Court and made it the most powerful court in the world.
  • By restraining the amending powers of legislative organ of State, it provided basic Rights to Citizens which no organ of State can overrule.
  • Being dynamic in nature, it is more progressive and open to changes in time unlike the rigid nature of earlier judgements.
 For Prelims & Mains
 
For Prelims: Doctrine of Basic Structure, Shankari Prasad Case, Golaknath Case, 
Keshavananda Bharati Case, 42nd CAA 1976, Minerva Mills Case, Waman Rao Case, 1981, 9th Schedule, Article 368.
For Mains: 1. What is the Basic Structure Doctrine? Explain the evolution and significance of Basic Structure Doctrine?
 
Previous Year Questions
1.Consider the following statements: (UPSC CSE GS1, 2020)
1. The Constitution of India defines its ‘basic structure’ in terms of federalism, secularism, fundamental rights and democracy.
2. The Constitution of India provides for ‘judicial review’ to safeguard the citizens’ liberties and to preserve the ideals on which the Constitution is based.
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

 
1.“Parliament’s power to amend the constitution is limited power and it cannot be enlarged into absolute power”. In light of this statement, explain whether parliament under article 368 of the constitution can destroy the basic structure of the constitution by expanding its amending power? (UPSC GS2, 2019)
Source: The Indian Express
 
 

JOINT PARLIAMENTARY COMMITTEE

1. Context 

The Opposition members of the Joint Parliamentary Committee (JPC) on the Waqf (Amendment) Bill met Lok Sabha Speaker Om Birla on Tuesday to register their protest against the alleged “unilateral” decisions being taken by panel Chairman and BJP MP Jagdambika Pal.

2. Background

  • Opposition members of the Joint Parliamentary Committee (JPC) on the Waqf (Amendment) Bill met Lok Sabha Speaker Om Birla on Tuesday to voice their objections over what they described as “unilateral” actions by Committee Chairman and BJP MP Jagdambika Pal.
     
  • AAP MP Sanjay Singh, Trinamool Congress MP Kalyan Banerjee, and DMK MP A. Raja informed the media that the Speaker had assured them of a prompt response.
    The MPs indicated that they would continue participating in the committee meetings, as their concerns are under the Speaker’s review.
     
  • They submitted a memorandum, signed by Congress members Mohammad Jawed and Imran Masood, Mr. Raja, and Asaduddin Owaisi, outlining their grievances.
    The MPs accused Mr. Pal of scheduling committee sessions without consulting them and not allowing sufficient time to review witness submissions

3. About Joint Parliamentary Committee

  • A Joint Parliamentary Committee (JPC) is set up by the Parliament for a special purpose, like the detailed scrutiny of a subject or Bill.
  • It has members from both the Houses and from both the ruling parties and the opposition.
  • It is dissolved after its term ends or its task has been completed.

3.1. Set up of JPC

  • A JPC is set up after one House of Parliament has passed a motion and the other has agreed to it.
  • Members of the JPC are decided by the Parliament.
  • The number of members can vary there is no fixed number.

3.2. Functions of JPC

  • The mandate of a JPC depends on the motion constituting it. 
  • For example, The terms of reference for the JPC on the stock market scam asked the committee to look into financial irregularities, to fix responsibility on persons and institutions for the scam, to identify regulatory loopholes and also to make suitable recommendations.
To fulfil its mandate, a JPC can scrutinise documents and summon people for questioning.
It then submits a report and makes recommendations to the government.

3.3. Powers of JPC

  • While the recommendations of a JPC have persuasive value, they are not binding on the government.
  • The government can choose to launch further investigations based on what the JPC has said, but it can't be forced to do so.
  • The government is required to report on the follow-up action taken based on the recommendations of the JPC and other committees.
  • The Committees then submit "Action Taken Reports" in parliament based on the government's reply.

3.4. JPCs set up so far

There have been six JPCs set up so far. These are
  1. JPC to examine matters relating to the Allocation and Pricing of Telecom Licenses and Spectrum
  2. JPC on Pesticide Residues in and Safety Standards for Soft Drinks, Fruit Juice and other Beverages
  3. JPC on Stock Market Scam and Matters Relating thereto
  4. JPC to enquire into irregularities in Securities and Banking Transactions
  5. JPC to enquire into Bofors Contract
  6. Joint Committee to Examine the Constitutional and Legal Position Relating to Office of Profit.

For Prelims & Mains

For Prelims: Joint Parliamentary Committee, Bofors, Lok Sabha, Stock Marker Scam, Action Taken Reports, Rafale, 
For Mains: 
1. What is Joint Parliamentary Committee and discuss its powers and functions. (250 Words)
 
Source: The Indian Express
 

INDIA- CANADA

1. Context

Recently, Canada and India each expelled their top diplomats due to the fallout from Canadian Prime Minister Justin Trudeau’s allegation last year that there were possible links of Indian intelligence with the killing of a Canadian citizen, Hardeep Singh Nijjar, in Canada. India had categorised Nijjar as a Khalistani terrorist (he had faced no criminal charges in Canada, but was put on a no-fly list and his bank accounts were frozen). The row seems to be escalating Canadian Hindu-Sikh tensions.

2. Canada's Allegation

  • Canadian Prime Minister Justin Trudeau accusation that Indian security agencies might be linked to the murder of a Canadian citizen, Hardeep Singh Nijjar, sent shockwaves through diplomatic circles.
  • Such a serious charge by a foreign leader against another nation before conclusive proof is rare and demands a thorough investigation.
  • Canada's Foreign Minister Melanie Joly has emphasized the need for cooperation between the two countries in the investigation.

3. Diplomatic Escalation

  • Canada took the initial step in the escalation by expelling an Indian diplomat in Ottawa, identified as the head of the Indian intelligence agency.
  • In response, India expelled a Canadian diplomat based in New Delhi.
  • India also issued travel advisories for its citizens in Canada, raising concerns about their safety. Visa services were suspended, affecting various categories of travellers.

4. About the Khalistan movement 

  • The Khalistan movement is a Sikh separatist movement that seeks to create an independent Sikh state called Khalistan in the Indian state of Punjab.
  • The movement began in the 1970s and has been marked by violence and political unrest.
  • The Khalistan movement is based on the belief that the Sikhs are a distinct people with their own unique culture and history.
  • Sikhs believe that they have been persecuted by the Indian government, and they demand an independent state where they can govern themselves.
  • The Khalistan movement has been supported by some Sikhs in India and abroad.
  • However, it is opposed by the Indian government, which considers it to be a threat to national security.

4.1. Khalistan Problem Resurfaces

  • This crisis has brought the long-standing issue of Khalistan back into India-Canada relations.
  • While the relationship faced challenges in the past, including Canada's criticism of India's nuclear tests in 1998, the current issue centres around Canada's perceived support for separatist Khalistani groups.
  • Canada's Liberal Party has been accused of pandering to these groups for votes, particularly in constituencies where Khalistani sympathies hold sway.

4.2. Khalistan and Canadian Politics

  • Jagmeet 'Jimmy' Dhaliwal, associated with Canada's New Democratic Party, is viewed with suspicion by the Indian establishment due to his pro-Khalistan sympathies.
  • Canada's hosting of events attended by individuals linked to pro-Khalistan outfits, like Jaspal Atwal, during Trudeau's visit in 2018, further strained relations.
  • The Khalistan "referendum," encouraged by Pakistani intelligence agencies, has been a significant irritant in recent years.

5. Social and economic indicators between India and Canada

Canada's FDI in India: Canada accounts for a modest 0.56% of India's total Foreign Direct Investment (FDI). Out of the $645,386.0884 million in FDI equity inflow into India between April 2000 and June 2023, Canada contributed 0.5644% ($3,642.5243 million).

Indian Diaspora in Canada: Canada is home to a significant portion of overseas Indians. Of the 3,21,00,340 overseas Indians, 5.26% (16,89,055) reside in Canada. This includes 1,78,410 Non-Resident Indians (NRIs) and 15,10,645 Persons of Indian Origin (PIOs).

Indian Students in Canada: Canada is a popular destination for Indian students. In 2022, out of an estimated 13,24,954 Indian students studying abroad, 13.83% (1,83,310) were enrolled in Canadian institutions, according to data from the Ministry of External Affairs.

Canada's Role in Indian Tourism: Canada is the fourth-largest source of tourists visiting India, based on 2021 figures. Canadian tourists accounted for 5.3% (80,437) of Foreign Tourist Arrivals (FTAs) in India during that year. Notably, a significant portion of these tourists (72.6%) were members of the Indian diaspora.

Bilateral Trade: India's bilateral trade with Canada amounted to $8,161.02 million in the financial year 2022-23, making up only 0.70% of India's total trade of $1,165,000.88 million. Despite its modest size, India maintains a trade surplus with Canada, with exports surpassing imports by $58.45 million.

Trade Highlights

India's major exports to Canada during 2022-23 included medicines, vannamei shrimp, smartphones, gold-set diamond jewellery, basmati rice, iron pipes for oil/gas pipelines, coaches powered by external electricity, diamonds, and cotton t-shirts.

Key imports from Canada included coking coal, potassium chloride, lentils (masur dal), newsprint, wood pulp (mechanical and chemical pulp processes), and copper ores and concentrates.

5.1. Top Indian Imports from Canada

Coking Coal: Coking Coal was the most valued item India imported from Canada during 2022-23. At 28.96 lakh tonnes, Canada was the fifth largest supplier of coking coal to India after Australia, the US, Singapore, and Russia. 
 
Potassium Chloride: Canada is India’s biggest source of potassium chloride. During 2022-23, India imported 11.43 lakh tonnes of the chemical from Canada. The other countries that supplied potassium chloride to India were Israel, Jordan, Belarus, Turkmenistan, and Russia.
 
Lentils: Canada is the biggest supplier of ‘masur’ dal to India. During 2022-23, India imported 4.85 lakh tonnes of lentils from Canada. The other countries exporting lentils to India are Australia, the Netherlands, the UAE, and Sri Lanka.
 
News Print: Canada is a major source of newsprint. During 2022-23, India imported 2.5 lakh tonnes of ‘Other Newsprint’ (under HSN code 48010090) from Canada, which was the highest from any country. The other countries that supplied the newsprint to India were Russia, Korea, Malaysia, and the UAE. 
 
Wood Pulp: Canada is also a major source of wood pulp obtained by a combination of mechanical and chemical pulp processes. During 2022-23, India imported 2.06 lakh tonnes of wood pulp from Canada. The other countries that supplied wood pulp to India last year were New Zealand, Sweden, Estonia, the US, and the Netherlands.
 

6. Diplomatic Complexity

  • Diplomats familiar with Canada's foreign policy assert that the country is often influenced by immigrant interests.
  • Pro-Khalistan elements, though a minority in the Canadian Sikh community, control several influential gurdwaras and can exert political influence in key constituencies.
  • This small but influential group shapes Canada's policy towards India.

7. Geopolitical Implications

  • Canada holds a significant role in global geopolitics, being part of the G7 and sharing intelligence within the Five Eyes alliance.
  • This diplomatic standoff poses a challenge for Western powers, including the US, UK, Australia, Germany, France, and Japan, as they maintain strategic partnerships with both Canada and India.
  • Balancing these relationships becomes crucial in the wake of this crisis.

8. Conclusion

  • The India-Canada diplomatic crisis underscores the importance of addressing each other's concerns and conducting a fair and impartial investigation into the allegations.
  • Both nations must work to de-escalate tensions and find a way forward while considering the broader geopolitical implications of their actions.
  • This crisis serves as a lesson for Canada and its partners on how to handle the sensitive issue of Khalistan in diplomatic relations.
For Prelims: India-Canada, Khalistan, Foreign Direct Investment, Tourism, Bilateral Trade, Geo-politics, Wood Pulp, News Print, Lentils, Potassium Chloride, Coking Coal
For Mains: 
1. Examine the resurgence of the Khalistan movement in India-Canada relations. How has Canada's perceived support for Khalistani groups affected bilateral ties? (250 Words)
 
 
Previous Year Questions
 
1. In the context of bilateral trade negotiations between India and the European Union, what is the difference between European Commission and European Council?  (UPSC 2010)
1. European Commission represents the EU in trade negotiations whereas the European Council partici­pates in the legislation of matters pertaining to economic policies of the European Union.
2. European Commission comprises of the Heads of State or government of member countries whereas the European Council comprises of the persons nominated by European Parliament.
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
 
Answer: D
 
2. With reference to Foreign Direct Investment in India, which one of the following is considered its major characteristic? (UPSC 2020)
A. It is the investment through capital instruments essentially in a listed company.
B. It is a largely non-debt creating capital flow.
C. It is the investment which involves debt-servicing.
D. It is the investment made by foreign institutional investors in the Government securities.
 
Answer: B
 
Source: The Indian Express
 

GROSS DOMESTIC PRODUCT (GDP)

 
 
1. Context

Japanese brokerage Nomura said the growth rate in festive consumption halved to 15% in the current year.

Analysts at the brokerage attributed their findings to ‘rough estimates’ and added that the same growth had stood at 32% in 2023 and 88% in 2022

 
2. Gross Domestic Product (GDP)
Gross domestic product (GDP) is the total monetary or market value of all the finished goods and services produced within a country's borders in a specific time period. It is often used as a measure of a country's economic health
GDP provides insight into the overall economic health of a nation and is often used for comparing the economic output of different countries.

There are three primary ways to calculate GDP:

  1. Production Approach (GDP by Production): This approach calculates GDP by adding up the value-added at each stage of production. It involves summing up the value of all final goods and services produced in an economy.

  2. Income Approach (GDP by Income): This approach calculates GDP by summing up all the incomes earned in an economy, including wages, rents, interests, and profits. The idea is that all the income generated in an economy must ultimately be spent on purchasing goods and services.

  3. Expenditure Approach (GDP by Expenditure): This approach calculates GDP by summing up all the expenditures made on final goods and services. It includes consumption by households, investments by businesses, government spending, and net exports (exports minus imports).

3. Measuring GDP

GDP can be measured in three different ways:

  1. Nominal GDP: This is the raw GDP figure without adjusting for inflation. It reflects the total value of goods and services produced at current prices.

  2. Real GDP: Real GDP adjusts the nominal GDP for inflation, allowing for a more accurate comparison of economic performance over time. It represents the value of goods and services produced using constant prices from a specific base year.

  3. GDP per capita: This is the GDP divided by the population of a country. It provides a per-person measure of economic output and can be useful for comparing the relative economic well-being of different countries.

The GDP growth rate is the percentage change in the GDP from one year to the next. A positive GDP growth rate indicates that the economy is growing, while a negative GDP growth rate indicates that the economy is shrinking

The GDP is a useful measure of economic health, but it has some limitations. For example, it does not take into account the distribution of income in an economy. It also does not take into account the quality of goods and services produced.

Despite its limitations, the GDP is a widely used measure of economic health. It is used by economists, policymakers, and businesses to track the performance of an economy and to make decisions about economic policy

4. Gross Value Added (GVA)

 

Gross Value Added (GVA) is a closely related concept to Gross Domestic Product (GDP) and is used to measure the economic value generated by various economic activities within a country. GVA represents the value of goods and services produced in an economy minus the value of inputs (such as raw materials and intermediate goods) used in production. It's a way to measure the contribution of each individual sector or industry to the overall economy.

GVA can be calculated using the production approach, similar to one of the methods used to calculate GDP. The formula for calculating GVA is as follows:

GVA = Output Value - Intermediate Consumption

Where:

  • Output Value: The total value of goods and services produced by an industry or sector.
  • Intermediate Consumption: The value of inputs used in the production process, including raw materials, energy, and other intermediate goods.
5. GDP vs GNP

Gross Domestic Product (GDP) and Gross National Product (GNP) are both important economic indicators used to measure the size and health of an economy, but they focus on slightly different aspects of economic activity and include different factors. Here are the key differences between GDP and GNP:

  1. Definition and Scope:

    • GDP: GDP measures the total value of all goods and services produced within a country's borders, regardless of whether the production is done by domestic or foreign entities. It only considers economic activities that take place within the country.
    • GNP: GNP measures the total value of all goods and services produced by a country's residents, whether they are located within the country's borders or abroad. It takes into account the production of residents, both domestically and internationally.

  2. Foreign Income and Payments:

    • GDP: GDP does not consider the income earned by residents of a country from their economic activities abroad, nor does it account for payments made to foreigners working within the country.
    • GNP: GNP includes the income earned by a country's residents from their investments and activities abroad, minus the income earned by foreign residents from their investments within the country.

  3. Net Factor Income from Abroad:

    • GDP: GDP does not account for net factor income from abroad, which is the difference between income earned by domestic residents abroad and income earned by foreign residents domestically.
    • GNP: GNP includes net factor income from abroad as part of its calculation.

  4. Foreign Direct Investment:

    • GDP: GDP does not directly consider foreign direct investment (FDI) flowing into or out of a country.
    • GNP: GNP considers the impact of FDI on the income of a country's residents, both from investments made within the country and from investments made by residents abroad.

  5. Measurement Approach:

    • GDP: GDP can be calculated using three different approaches: production, income, and expenditure approaches.
    • GNP: GNP is primarily calculated using the income approach, as it focuses on the income earned by residents from their economic activities.
 
 
 
 
For Prelims: GDP, GVA, FDI, GNP
For Mains: 1.Discuss the recent trends and challenges in India's GDP growth
2.Examine the role of the service sector in India's GDP growth
3.Compare and contrast the growth trajectories of India's GDP and GNP
 
 
Previous Year Questions
1.With reference to Indian economy, consider the following statements: (UPSC CSE, 2015)
1. The rate of growth of Real Gross Domestic Product has steadily increased in the last decade.
2. The Gross Domestic Product at market prices (in rupees) has steadily increased in the last decade.
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
Answer (b)
2.A decrease in tax to GDP ratio of a country indicates which of the following? (UPSC CSE, 2015)
1. Slowing economic growth rate
2. Less equitable distribution of national income
Select the correct answer using the code given below:
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer (a)
Previous year UPSC Mains Question Covering similar theme:
Define potential GDP and explain its determinants. What are the factors that have been inhibiting India from realizing its potential GDP? (UPSC CSE GS3, 2020)
Explain the difference between computing methodology of India’s Gross Domestic Product (GDP) before the year 2015 and after the year 2015. (UPSC CSE GS3, 2021)
 
Source: indianexpress
 

CHINA TAIWAN TUSSLE

 

1. Context

Taiwan’s ultra wealthy are keeping their assets in their home market despite escalating tensions with China, betting that the island’s tech industry will continue to bring in robust returns, a senior Cathay Financial executive said
 

2. Brief History of Taiwan

  • Taiwan, earlier known as Formosa, a tiny island off the east coast of China, is where Chinese republicans of the Kuomintang government retreated after the 1949 victory of the communists.
  • It has since continued as the Republic of China (RoC).
  • Although largely unrecognized by other countries as such, self-ruled Taiwan sees itself as no less than an independent nation.
  • Its leaders, have vowed to defend its sovereignty against the Chinese goal of “reunification”.

3. China-Taiwan Tensions

  • In 1954-55, and 1958, the PRC bombed the Jinmen, Mazu, and Dachen islands under Taiwan's control, drawing in the US.
  • Congress passed the Formosa Resolution authorizing President Dwight D Eisenhower to defend Taiwanese (Republic of China- ROC) territory.
  • In 1955, Premier Zhou En-lai declared at the Bandung Conference that he wanted negotiations with the US. But as civil war broke out in Lebanon in 1958, China resumed the bombing, provoking the US to supply Taiwanese outposts on the islands.
  • The people's Republic of China (PRC) i.e. mainland China and ROC (Taiwan) then arrived at an arrangement to bomb each other's garrisons on alternate days-this continued until 1971.
  • Taiwan became the non-communist frontier against China during the Cold war. It was described as an "unsinkable aircraft carrier" underscoring its strategic significance.
  • It was only in 1971 that the US inaugurated ties with Mainland China through the secret diplomacy of Henry Kissinger, national security adviser to President Richard Nixon.
  • In 1975, Chiang Kai-shek died, martial law was lifted, and Taiwan got its first democratic reforms.
  • U.S. recognized the communist party that ruled People's Republic of China (PRC) as the legitimate government of China in 1979, ending its official relationship with Taiwan and abrogating its mutual defense treaty with the island.
  • The US has a policy of strategic ambiguity towards Taiwan. This means that it maintains ties with Taipei, and sells weapons to it, but officially subscribes to the PRC's "One China Policy" in which Taiwan does not exist as a separate entity.
  • Just 14 countries around the world recognize Taiwan. Most are very small, many are remote island nations. As the British prepared to exit Hong Kong in 1999, the "One China, Two Systems" solution was offered to Taiwan as well, but it was rejected by the Taiwanese.
 
Image Source: The Indian Express

4. The Current Tensions Between the Two Nations

  • Lasy year, amid worsening the US-China relations over Covid and trade, the State Department sent its highest-ranking delegation yet to Taipei.
  • During the visit, the Chinese conducted a military exercise in the Taiwan Strait, which separates Taiwan from mainland China.
  • In October 2020, President Xi Jinping asked the PLA to prepare for war, triggering an alarm in Taiwan, which read it as an open threat.
  • Early in the Biden Administration, which declared "rock solid" commitment to Taiwan, Taipei raised an alert about an incursion by Chinese Warplanes.
  • In April, Taiwan reported Chinese jets in its air defense Zone. In July, Xi warned that he would "smash" any Taiwanese move toward independence.
  • At the beginning of this month, as the Chinese jets came back, Taiwanese Defence Minister Chiu Kuo-Cheng told Parliament that China already has the capacity to invade Taiwan, and would be able to "bring the cost and attrition to its lowest" by 2025.

5. US Ties with China

  • Officially, the US has subscribed to PRC's "One China Policy" which means there is only one legitimate Chinese government.
  • The most serious encounter was in 1995-96 when China began testing missiles in the seas around Taiwan, triggering the biggest US mobilization in the region since the Vietnam war.
  • Now, the US backs Taiwan's independence, maintains ties with Taipei, and sells weapons to it.
  • Taiwan is entirely dependent on the US for its defense against possible Chinese aggression.
  • This is why every spike in military tensions between China and Taiwan injects more hostility into the already strained relationship between Washington and Beijing.

6. Challenges for the US

  • As tensions rise, the world is watching the US, whose status as the world's pre-eminent power has been dented by the messy exit from Afghanistan.
  • In East and Southeast Asia, several countries including Japan, South Korea, and the Philippines, which are sheltered under the protective umbrella of the US, are concerned about US security commitments in the Pacific region.
  • President Joe Biden has been seen as walking a thin line between pledging support for Taiwan and keeping the lid on tensions with Beijing.
  • After speaking with Xi in October 2021, Joe Biden said that they had agreed to abide by the "Taiwan Agreement", under which US support for the "One China Policy" is conditioned on China not invading Taiwan.
  • The AUKUS pact among the US, UK, and Australia, under which Australia will be supplied with nuclear submarines, imparted a new dimension to the security dynamics of the Indo-Pacific. Taiwan welcomed the pact, while China denounced it as seriously undermining regional peace.

7. What are the implications for India

  • With India facing its problems with China on the LAC, there have been suggestions that it should review its One China Policy- it has in any case long stopped reiterating this officially.
  • Also, it is suggested that India use not just the Tibet Card, but also develop more robust relations with Taiwan to send a message to Beijing.
  • India and Taiwan currently maintain "trade and cultural exchange" offices in each other's capitals.
  • In May 2020, the swearing-in of Tsai was attended virtually by BJP MPs Meenakshi Lekhi (now MoS External Affairs) and Rahul Kaswan. In 2016, New Delhi had dropped plans to send two representatives for Tsai's first inaugural at the last minute.
  • India has been reported to be in talks with Taipei to bring a $7.5 billion semiconductor chip manufacturing plant to India. Chips are used in a range of devices from computers to 5G smartphones, to electric cars and medical equipment. The deal was reported on the heels of last year's summit of the QUAD, which discussed the need to build a "safe supply chain for semiconductors".
  • India also follows asymmetric Federalism where many states enjoy greater autonomy in their functioning as compared to other states (Article 371, Schedule V & VI).
  • These special provisions are also intended to deal with issues to identity & Culture. India thus needs to handle these democratically to not see Taiwan/Hongkong types of protests happening in India.
  • India can always use the leverage of Taiwan and Hong Kong whenever China meddles in India's internal issues like Kashmir/Naga unrest.

For Prelims & Mains

For Prelims: People’s Republic of China (PRC), Republic of China (RoC), Henry Kissinger, East China Sea, Taiwan Strait, One China Policy, QUAD, and AUKUS.
For Mains: 1. Discuss the rise of tensions between China and Taiwan and what are the serious implications for India.
 Source: The Indian Express

Previous year Question

1. Which one of the following statements best reflects the issue with Senkaku Islands, sometimes mentioned in the news? (UPSC 2022)
A. It is generally believed that they are artificial islands made by a country around the South China Sea.
B. China and Japan engage in maritime disputes over these islands in the East China Sea.
C. A permanent American military base has been set up there to help Taiwan to increase its defense capabilities.
D. Though the International Court of Justice declared them as no man's land, some South-East Asian countries claim them.
Answer: B
 
 
Source: The Hindu
 

CHIEF JUSTICE INDIA (CJI)

 
 
1. Context
 
 Dialogue between the judiciary and the executive, even if some of these exchanges are in social settings, is a routine imperative of the court’s functioning, said Chief Justice of India D Y Chandrachud Monday, as he urged the public to “trust” judges.
 
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

  • This article establishes the Supreme Court of India as the highest court in the country. It states that the Supreme Court shall consist of a Chief Justice and a number of other judges as determined by Parliament.

Article 125: Salaries, Allowances, and Conditions of Service

  • This article provides for the salaries and allowances of the Chief Justice and other judges of the Supreme Court, which are determined by law made by Parliament. The conditions of service for the judges are also regulated by this law.

Article 126: Appointment of Acting Chief Justice

  • The President of India has the power to appoint an acting Chief Justice when the office of the Chief Justice is vacant or when the Chief Justice is unable to perform their duties.

Article 127: Appointment of Additional Judges

  • This article allows the President to appoint additional judges to the Supreme Court for a temporary period, as required, to deal with an increase in the workload of the court.

Article 128: Sessions of the Supreme Court

  • The Supreme Court may sit in more than one place, and this article allows the Chief Justice to determine the sittings of the court and the composition of benches.

Article 129: Supreme Court to be a Court of Record

  • The Supreme Court is designated as a court of record, which means it keeps a record of its proceedings and judgments, and its records are admissible as evidence in court.

Article 130: Seat of the Supreme Court

  • The Supreme Court shall sit in Delhi but may also hold its sittings at other places as determined by the Chief Justice of India.

Article 131: Original Jurisdiction

  • This article grants the Supreme Court original jurisdiction in disputes between the Government of India and one or more states, or between states themselves.

Article 132: Appellate Jurisdiction in Constitutional Matters

  • The Supreme Court has the power to hear appeals against judgments of the High Courts in constitutional matters, where the High Court has declared a law unconstitutional.

Article 133: Appellate Jurisdiction in Other Matters

  • This article allows appeals to the Supreme Court from High Court judgments in civil matters, provided certain conditions regarding the amount in dispute are met.

Article 134: Appellate Jurisdiction in Criminal Matters

  • The Supreme Court can hear appeals from High Courts in criminal matters when the High Court has sentenced a person to death or has reversed an order of acquittal.

Article 135: Jurisdiction and Powers of the Supreme Court

  • This article allows the Supreme Court to exercise jurisdiction over matters related to the law made by Parliament and the law made by the state legislatures.

Article 136: Special Leave to Appeal

  • The Supreme Court has the authority to grant special leave to appeal from any judgment, decree, or order of any court or tribunal in India.

Article 137: Review of its Own Judgments

  • The Supreme Court has the power to review its own judgments and orders, as per the procedure established by law.

Article 138: Enlargement of Jurisdiction of the Supreme Court

  • The Parliament may confer additional jurisdiction to the Supreme Court beyond what is specified in the Constitution.

Article 139: Power of Supreme Court to Transfer Cases

  • This article empowers the Supreme Court to transfer cases from one High Court to another if it deems necessary.

Article 140: Power of Supreme Court to Make Rules

  • The Supreme Court can make rules for regulating its own practice and procedure, and the procedure of its officers.

Article 141: Law Declared by the Supreme Court to be Binding

  • The law declared by the Supreme Court shall be binding on all courts within the territory of India, ensuring uniformity in the application of law.

Article 142: Enforcement of Rights and Doing Complete Justice

  • The Supreme Court has the power to pass any order or decree to do complete justice in any cause or matter pending before it.

Article 143: Advisory Jurisdiction

  • The President may seek the opinion of the Supreme Court on any question of law or fact, which the court can answer as advisory opinions.

Article 144: Civil and Judicial Authorities to Act in Aid of the Supreme Court

  • All authorities and persons in India are required to act in aid of the Supreme Court in the execution of its functions.

Article 145: Rules of Procedure

  • The Supreme Court can make rules for regulating its practice and procedure, which must be laid before Parliament.

Article 146: Appointment of Officers and Other Employees

  • The Supreme Court has the authority to appoint its own officers and employees, as well as determine their conditions of service.

Article 147: Interpretation

  • This article allows for the interpretation of the provisions of the Supreme Court and provides for any other related matters as necessary
 
 
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
 

WAQF ACT

 
 
1. Context
 
IN A letter to Lok Sabha Speaker Om Birla, some Opposition members of the Joint Committee of Parliament on the Waqf (Amendment) Bill have threatened to “disassociate” from the panel, accusing its chairperson and BJP leader Jagdambika Pal of “bulldozing the proceedings” and “stonewalling” them.
 
2. India's Waqf Law
 
  • In Islamic law, a waqf refers to property dedicated to God for religious or charitable purposes. This can include any type of property, either movable or immovable, that is set aside for the benefit of the public, serving as an act of piety that enables Muslims to continue their charitable contributions even after death.
  • A waqf can be created through a formal document, or property may be recognized as waqf if it has been consistently used for religious or charitable purposes over time. The income generated from such properties is usually directed towards the upkeep of mosques, funding educational institutions, or aiding the needy.
  • Once a property is designated as waqf, it cannot be inherited, sold, or given away. Non-Muslims are also permitted to establish a waqf, provided the purpose aligns with Islamic values.
  • In India, waqfs are governed by the 1995 Act. The identification and delineation of waqf properties are carried out by a survey conducted by the State government.
  • A survey commissioner, appointed under this Act, identifies these properties through local inquiries, witness statements, and examination of public records. Once identified, the properties are listed in the State’s official gazette, and a record is maintained by the State Waqf Board.
  • Each waqf is managed by a mutawalli (caretaker) responsible for its administration. While waqfs are similar to trusts under the Indian Trusts Act of 1882, unlike trusts, waqfs cannot be dissolved by a Board
3. Functions and role of Waqf board
 
  • The 1995 Act creates Waqf Boards in each State, responsible for overseeing the management of waqf properties within their respective areas. These Boards are legally recognized entities, enabling them to initiate or face legal action.
  • Each State Waqf Board is led by a chairperson and includes one or two representatives from the State government, Muslim legislators, acknowledged Islamic scholars, and mutawallis (caretakers) of the waqfs.
  • The Act also requires the appointment of a full-time Chief Executive Officer for each Board, who must be a practicing Muslim and hold a rank equivalent to at least a Deputy Secretary in the State government.
  • The Waqf Board is empowered to manage waqf properties and undertake actions to reclaim lost assets. It also has the authority to approve the transfer of immovable waqf properties through sale, gift, mortgage, exchange, or lease, but such transactions require the consent of at least two-thirds of the Board members.
  • The 2013 amendments to the 1995 Act further enhanced the Board's powers, making it almost impossible to sell waqf properties, as neither the mutawalli nor the Board is permitted to sell such property.
  • In addition to the State Waqf Boards, the legislation also establishes the Central Waqf Council, a national advisory body under the Ministry of Minority Affairs.
  • This Council ensures consistent administration of waqf properties across the country and is chaired by the Union Minister of Minority Affairs.
  • The Council also advises the Union government on waqf-related matters, including policy formulation, implementation of waqf laws, and the resolution of inter-state disputes
4. Proposed Changes in the bill
 
  • The definition of ‘waqf’ has been revised under the new Bill. Now, only lawful property owners who have practiced Islam for at least five years are permitted to establish waqf properties through formal deeds.
  • This change eliminates the concept of ‘waqf by use,’ which allowed a property to be considered waqf based on its usage, even if the original deed was contested. Historically, waqf properties were often designated orally until formal documentation became more common.
  • To prevent fraudulent claims of waqf status, the Bill stipulates that any government property identified or declared as waqf, either before or after the enactment of this Act, will not be recognized as waqf property. The law also allows widows, divorced women, and orphans to benefit from waqf proceeds.
  • The responsibility for surveying waqf properties, previously handled by survey commissioners under the 1995 Act, will now be transferred to district collectors or officers of equivalent rank under the new Bill.
  • To enhance the accuracy of waqf property records, the Bill proposes the establishment of a centralized registration system. All information regarding waqf properties must be uploaded to this portal within six months of the law’s enactment, and any new waqf property registrations must be submitted through this portal to the Waqf Boards.
  • Additionally, the Bill removes section 40, which previously allowed waqf tribunals to determine whether a property qualifies as waqf. Instead, the district collector is now designated as the final authority on such matters.
  • Once a decision is made, the collector must update the revenue records and report to the State government. Importantly, the Bill states that the disputed property cannot be treated as waqf property until the collector submits a final report, meaning the Waqf Board cannot take control of the land until the government resolves the issue.
  • One of the most debated provisions in the Bill is the proposal to include non-Muslims in key waqf institutions, such as the Central Waqf Council, State Waqf Boards, and waqf tribunals.
  • The Bill authorizes the Centre to appoint three Members of Parliament (two from the Lok Sabha and one from the Rajya Sabha) to the Central Waqf Council without requiring them to be Muslims. Previously, under the 1995 Act, these MPs had to be from the Muslim community.
  • The new Bill also mandates that State Waqf Boards must include two non-Muslims and two women as members. The composition of waqf tribunals has been altered from a three-member body to a two-member body, consisting of a district judge and an officer of joint secretary rank to the State government.
  • The proposed law requires tribunals to resolve disputes within six months, with a possible six-month extension.
  • Furthermore, the Bill gives the Centre the authority to “direct the audit of any waqf at any time by an auditor appointed by the Comptroller and Auditor-General of India, or by any officer designated by the Central Government for that purpose.”
  • The Waqf Boards are required to audit their accounts annually, selecting auditors from a panel formed by the State governments. Mutawallis who fail to maintain proper accounts will face penalties.
  • The proposed law also allows courts to intervene in waqf disputes by removing the finality of waqf tribunal decisions, enabling aggrieved parties to appeal directly to the relevant High Court. This measure aims to increase judicial oversight and reduce instances of arbitrary power exercised by Waqf Boards or tribunals
5. Way forward
 
Following its introduction in Parliament, the Bill was sent to a joint parliamentary committee for further examination after the Congress-led INDIA bloc opposed the proposed legislation in its current form.
In March of the previous year, the Union government informed the Delhi High Court that nearly 120 petitions challenging various provisions of the 1995 Act are currently pending in courts across the country
 
 
 
 
For Prelims: Waqf board, Amendment process in Parliament
 
For Mains: GS II - Indian Governance
 
 
Source: The Hindu
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