FREE TRADE AGREEMENT
1. Context
2. About the Free Trade Agreement
- A Free Trade Agreement (FTA) is an agreement between two or more countries to reduce or eliminate barriers to trade, such as tariffs, quotas, and subsidies.
- FTAs can also include provisions on other issues, such as investment, intellectual property, and labour standards.
- The goal of an FTA is to promote trade and economic growth between the signatory countries.
- By reducing or eliminating trade barriers, FTAs can make it easier for businesses to export their goods and services to other countries, which can lead to increased production, employment, and innovation.
3. Types of Free Trade Agreement
- Bilateral Free Trade Agreement (BFTA) involves two countries, aiming to promote trade and eliminate tariffs on goods and services between them. It establishes a direct trade relationship, allowing for a more focused and tailored agreement between the two nations.
- Multilateral Free Trade Agreement (MFTA) Involving three or more countries, an MFTA seeks to create a comprehensive trade bloc, promoting economic integration on a larger scale. It requires coordination among multiple parties, addressing diverse economic interests and fostering a broader regional economic landscape.
- Regional Free Trade Agreement (RFTA) involves countries within a specific geographic region, aiming to enhance economic cooperation and integration within that particular area. It focuses on addressing regional economic challenges and fostering collaboration among neighbouring nations.
- Preferential Trade Agreement (PTA) involves a reciprocal reduction of tariffs and trade barriers between participating countries, granting preferential treatment to each other's goods and services. It allows countries to enjoy trading advantages with specific partners while maintaining autonomy in their trade policies with non-participating nations.
- Comprehensive Economic Partnership Agreement (CEPA) is a broad and advanced form of FTA that goes beyond traditional trade barriers, encompassing various economic aspects such as investment, intellectual property, and services. It aims for a more comprehensive economic partnership, encouraging deeper integration and collaboration between participating countries.
- Customs Union While not strictly an FTA, a Customs Union involves the elimination of tariffs among member countries and the establishment of a common external tariff against non-member nations. It goes beyond standard FTAs by harmonizing external trade policies, creating a unified approach to trade with the rest of the world.
- Free Trade Area (FTA) with Trade in Goods (TIG) and Trade in Services (TIS): Some FTAs specifically emphasize either trade in goods or trade in services, tailoring the agreement to the specific economic strengths and priorities of the participating countries. This approach allows nations to focus on areas where they have a comparative advantage, fostering specialization and efficiency.
4. India's Free Trade Agreements
India is a member of several free trade agreements (FTAs) and is currently negotiating others. India's FTAs have helped to reduce trade barriers and promote trade and economic growth. They have also helped to attract foreign investment and create jobs.
- The South Asian Free Trade Agreement (SAFTA) was signed in 1995 by the seven countries of the South Asian Association for Regional Cooperation (SAARC). SAFTA aims to reduce or eliminate tariffs on trade between the member countries.
- The India-Bangladesh FTA was signed in 2010 and came into force in 2011. It is a comprehensive FTA that covers goods, services, and investments.
- The India-Sri Lanka FTA was signed in 1999 and came into force in 2000. It is a comprehensive FTA that covers goods, services, and investments.
- The India-ASEAN Free Trade Agreement was signed in 2002 and came into force in 2010. It is a comprehensive FTA that covers goods, services, and investments.
- The India-Korea Comprehensive Economic Partnership Agreement (CEPA) was signed in 2010 and came into force in 2011. It is a comprehensive FTA that covers goods, services, and investments.
- The India-Japan Comprehensive Economic Partnership Agreement(CEPA) was signed in 2022 and came into effect in 2023. It is a comprehensive FTA that covers goods, services, and investments.
- The India-UAE Comprehensive Partnership Agreement (CEPA) was signed in 2022 and came into effect in 2022. It is a comprehensive FTA that covers goods, services, and investments.
- The India-Australia Economic Cooperation and Trade Agreement (ECTA) was signed in 2022 and came into effect in 2022. It is a comprehensive FTA that covers goods, services, and investments.
- The India-Malaysia Comprehensive Economic Cooperation Agreement (CECA) was signed in 2010 and aims to enhance economic ties by addressing trade in goods and services, as well as investment and other areas of economic cooperation.
- The India-Thailand Free Trade Agreement was signed in 2003 and focuses on reducing tariffs and promoting trade in goods and services between India and Thailand.
- The India-Singapore Comprehensive Economic Cooperation Agreement (CECA) has been operational since 2005, this agreement covers trade in goods and services, as well as investment and intellectual property.
- The India-Nepal Trade Treaty While not a comprehensive FTA, India and Nepal have a trade treaty that facilitates the exchange of goods between the two countries.
- The India-Chile Preferential Trade Agreement was signed in 2006 and aims to enhance economic cooperation and reduce tariffs on certain products traded between India and Chile.
5. India - UK Free Trade Agreement
5.1. Background
- Both countries have agreed to avoid sensitive issues in the negotiations.
- The interim (early harvest agreement) aims to achieve up to 65 per cent coverage for goods and up to 40 per cent coverage for services.
- By the time the final agreement is inked, the coverage for goods is expected to go up to "90 plus a percentage" of goods.
- India is also negotiating a similar early harvest agreement with Australia, which is supposed to set the stage for a long-pending Comprehensive Economic Cooperation Agreement that both countries have been pursuing for nearly a decade.
- While the commencement of negotiations does mark a step forward in the otherwise rigid stance adopted and when it comes to trade liberalisation, experts point to impediments and the potential for legal challenges going ahead.
5.2. GATT (General Agreement on Trade and Tariffs)
- The exception to the rule is full-scale FTAs, subject to some conditions.
- One rider, incorporated in Article XXIV.8 (b) of GATT, stipulates that a deal should aim to eliminate customs duties and other trade barriers on "Substantially all the trade" between the WTO member countries that are signatories to an FTA.
- For this Agreement, a free-trade area shall be understood to mean a group of two or more customs territories in which the duties and other restrictive regulations of commerce are eliminated on substantially all the trade between the constituent territories in products originating in such territories.
- It is often beneficial to negotiate the entire deal together, as an early harvest deal may reduce the incentive for one side to work towards a full FTA.
- These agreements are not just about goods and services but also issues like investment.
- If you are trying to weigh the costs and benefits, it is always better to have the larger picture in front of you.
- In the case of the early harvest agreement inked with Thailand, automobile industry associations had complained that relaxations extended to Bangkok in the early harvest had reduced the incentive for Thailand to work towards a full FTA.
- Early harvest agreements may serve the function of keeping trading partners interested as they promise some benefits without long delays, as India becomes known for long-drawn negotiations for FTAs.
- Government emphasis on interim agreements may be tactical so that a deal may be achieved with minimum commitments and would allow for contentious issues to be resolved later.
For Prelims: Free Trade Agreement, India-U.K, Bilateral Free Trade Agreement, G-20 Summit, Agenda 2030, Covid-19 Pandemic, SAARC, General Agreement on Trade and Tariffs, Comprehensive Economic Partnership Agreement, Multilateral Free Trade Agreement, Regional Free Trade Agreement, Preferential Trade Agreement, Customs Union,
For Mains:
1. Evaluate the potential impact of the India-UK FTA on the Indian economy, considering both positive and negative aspects (250 Words)
2. Critically evaluate the significance of Free Trade Agreements (FTAs) in promoting trade and economic growth, considering their potential benefits and drawbacks. (250 Words)
|
Previous Year Questions
1. Consider the following countries:
1. Australia
2. Canada
3. China
4. India
5. Japan
6. USA
Which of the above are among the free-trade partners' of ASEAN? (UPSC 2018)
A. 1, 2, 4 and 5 B. 3, 4, 5 and 6 C. 1, 3, 4 and 5 D. 2, 3, 4 and 6
Answer: C
2. Increase in absolute and per capita real GNP do not connote a higher level of economic development, if (UPSC 2018) (a) Industrial output fails to keep pace with agricultural output. Answer: C 3. The SEZ Act, 2005 which came into effect in February 2006 has certain objectives. In this context, consider the following: (2010)
Which of the above are the objectives of this Act? (a) 1 and 2 only (b) 3 only (c) 2 and 3 only (d) 1, 2 and 3 Answer: A 4. A “closed economy” is an economy in which (UPSC 2011) (a) the money supply is fully controlled Answer: D 5. With reference to the “G20 Common Framework”, consider the following statements: (UPSC 2022)
1. It is an initiative endorsed by the G20 together with the Paris Club. 2. It is an initiative to support Low Income Countries with unsustainable debt. 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: C
|
INDIAN JUDICIARY
- On January 28, 1950, two days after India became a sovereign democratic republic, the Supreme Court of India came into being.
- The inauguration took place in the Chamber of Princes in the Parliament building which was the home to the Federal Court of India for 12 years preceding the Supreme Court's establishment.
- The Parliament House was to be the home of the Supreme Court for years that were to follow until the court acquired its present building with lofty domes and its signature spacious collonaded verandas in 1958.
- The inaugural proceedings on the 28th began at 9.45 a.m. when the Judges of the Federal Court Chief Justice Harilal J.Kania and Justices Saiyid Fazl Ali, M. Patanjali Sastri, Mehr Chand Mahajan, Bijan Kumar Mukherjea and S.R. Das took their seats.
- The inaugural proceedings ensured that the rules of the court were published and the names of all the advocates and agents of the Federal Court were brought on the rolls of the Supreme Court.
Evolution of the Supreme Court
- In 1958, when the court shifted its premises, the building was shaped to project the image of scales of justice, in the central wing.
- In 1979, two new wings the East wing and the West wing were added to the complex.
- In all, there are 19 Courtrooms in the various wings of the building.
- The Chief Justice's Court is the largest of the Courts at the Central Wing's Centre.
- The original Constitution of 1950 envisaged a Supreme Court with a Chief Justice and 7 puisne judges leaving it to Parliament to increase this number.
- In the early years, all the judges of the Supreme Court sat together to hear the cases presented before them.
- As the work of the Court increased and arrears of cases began to accumulate, Parliament increased the number of Judges from 8 in 1950 to 11 in 1956, 14 in 1960, 18 in 1978, 26 in 1986, 31 in 2009 and 34 in 2019 (Current Strength).
- As the number of Judges has increased, they sit in smaller benches of two and three coming together in larger benches of 5 and more only when required to do so or to settle a difference of opinion or controversy.
- Article 124 establishes the Supreme Court of India, consisting of a Chief Justice and other judges. It outlines the composition and jurisdiction of the Supreme Court.
- Article 125 empowers Parliament to determine the salaries, allowances, and other conditions of service for the judges of the Supreme Court.
- Article 126 allows the President to appoint an acting Chief Justice when the office of the Chief Justice is vacant or when the Chief Justice is unable to perform duties.
- Article 127 The President has the authority to appoint a person who has been a judge of the Supreme Court or High Court as an ad hoc judge for a temporary period.
- Article 128 Retired judges may be requested by the Chief Justice of India to sit and act as judges of the Supreme Court, emphasizing the importance of their experience.
- Article 129 Declares the Supreme Court as a court of record with the power to punish for contempt of itself, highlighting its authority.
- Article 130 The Supreme Court shall sit in Delhi, or in such other place or places as the Chief Justice of India may, with the approval of the President, appoint.
- Article 131 Grants the Supreme Court original jurisdiction in disputes between the Government of India and States or between different States.
- Article 131A Originally provided exclusive jurisdiction to the Supreme Court in constitutional matters related to Central laws; however, it has been repealed.
- Article 132 Details the appellate jurisdiction of the Supreme Court in certain cases coming from High Courts.
- Article 133 Specifies the appellate jurisdiction of the Supreme Court in civil matters.
- Article 134 Outlines the Supreme Court's appellate jurisdiction in criminal matters.
- Article 134A Deals with the certification required for an appeal to the Supreme Court in certain cases.
- Article 135 Confers the jurisdiction and powers of the former Federal Court on the Supreme Court.
- Article 136 Grants the Supreme Court the discretionary power to grant special leave to appeal from any judgment or order.
- Article 137 Empowers the Supreme Court to review its own judgments or orders.
- Article 138 Allows Parliament to extend the jurisdiction of the Supreme Court.
- Article 139 Grants the Supreme Court the power to issue writs for the enforcement of fundamental rights.
- Article 139A Provides for the transfer of certain cases from one High Court to another or from a High Court to the Supreme Court.
- Article 140 Empowers the Supreme Court to exercise ancillary powers necessary for the effective discharge of its jurisdiction.
- Article 141 Declares that the law declared by the Supreme Court is binding on all courts within the territory of India.
- Article 142 Grants the Supreme Court the power to pass decrees and orders necessary for doing complete justice in any cause or matter.
- Article 143 Allows the President to refer questions of law or fact to the Supreme Court for its opinion.
- Article 144 Requires all authorities to act in aid of the Supreme Court.
- Article 144A Originally provided special provisions for the disposal of questions regarding the constitutional validity of laws but has been repealed.
- Article 145 Grants the Supreme Court the authority to make rules regulating the practice and procedure of the court.
- Article 146 Deals with the appointment of officers and servants of the Supreme Court and the expenses associated with it.
- Article 147 Provides for the interpretation of the expression "existing law" about the jurisdiction, powers, and authority of the Supreme Court under this chapter.
The Supreme Court of India has a well-defined organizational structure, which includes the Chief Justice of India, other judges, and various administrative and supporting staff.
Chief Justice of India (CJI)
- The Chief Justice of India is the head of the Supreme Court.
- The CJI is appointed by the President of India and is responsible for the overall functioning of the court.
- The CJI presides over important matters, assigns cases to other judges, and represents the judiciary in various capacities.
Judges
- The Supreme Court can have a maximum strength of 34 judges, including the Chief Justice.
- Judges are appointed by the President of India based on recommendations from the collegium (a group of top judges).
- Judges of the Supreme Court hear and decide cases, contribute to the formulation of legal principles, and may also be involved in administrative responsibilities.
- Registry: The Registry is the administrative wing of the Supreme Court responsible for handling administrative and procedural aspects. It is headed by the Secretary-General, who is an officer appointed by the Chief Justice of India.
- Court Officers and Staff: Various court officers and staff assist in the day-to-day functioning of the Supreme Court. This includes Registrars, Deputy Registrars, Assistant Registrars, and other administrative staff who manage the filing of cases, scheduling, and other administrative tasks.
- Advocates and Legal Professionals: Advocates and legal professionals, including Senior Advocates and Advocates-on-Record, play a crucial role in presenting cases before the Supreme Court. Advocates-on-Record are registered practitioners who are eligible to file cases and plead on behalf of litigants.
- Library and Research Staff: The Supreme Court library is an integral part of the institution, providing extensive legal resources to judges and legal professionals. Research staff may assist judges in legal research and analysis.
- Security and Support Staff: The Supreme Court has security personnel to ensure the safety of the premises and those present. Support staff includes personnel responsible for maintenance, cleaning, and other logistical aspects.
- Committees and Commissions: Various committees and commissions may be constituted by the Chief Justice or the Supreme Court for specific purposes, such as judicial reforms, ethics, or other administrative matters.
- Supreme Court Bar Association (SCBA) is an association of lawyers who are authorized to practice in the Supreme Court. It plays a role in addressing the concerns of lawyers practising in the Supreme Court.
- Legal Aid and Pro Bono Services: The Supreme Court may have mechanisms in place to provide legal aid to those who cannot afford legal representation.
- Judicial Committees and Panels: Special committees or panels may be formed for specific tasks, inquiries, or recommendations related to the functioning of the judiciary.
Collegium System
- The Collegium system is not rooted in the Constitution. Instead, it has evolved through judgments of the Supreme Court.
- Under the system, the Chief Justice of India along with four senior-most Supreme Court judges recommend appointments and transfers of judges.
- A High Court Collegium, meanwhile, is led by the incumbent Chief Justice and the two senior-most judges of that court.
- In this system, the government’s role is limited to getting an inquiry conducted by the Intelligence Bureau (IB) if a lawyer is to be elevated as a judge in a High Court or the Supreme Court.
- The government can also raise objections and seek clarifications regarding the Collegium’s choices, but, if the Collegium reiterates the same names, the government is bound, under Constitution Bench judgments, to appoint them to the post.
Evolution of Collegium System
- In the First Judges case, the court held that the consultation with the CJI should be "full and effective".
- The Second Judges Case introduced the collegium system in 1993, as they ordered the CJI to consult a collegium of his two senior judges in the apex court on judicial appointments, such a "collective opinion" of the collegium would have primacy over the government.
- The Third Judges case in 1998, expanded the judicial collegium to its present composition of the CJI and four of its senior-most judges.
Procedure for replacement of Collegium System
- Replacing the Collegium system calls for a Constitutional Amendment Bill.
- It requires a majority of not less than two-thirds of MPs (Members of Parliament) present and voting in Lok Sabha as well as Rajya Sabha.
- It also needs the ratification of legislatures of not less than one-half of the states.
The concerns associated with the Collegium system
- Constitutional Status: The Collegium is not prescribed in the Constitution. Article 124 mentions consultation, which the SC interpreted as ‘concurrence’ in the Second Judges Case (1993). During the hearing against the NJAC, the then SC Bar President had argued that the Constituent Assembly had considered a proposal for making Judges’ appointment ‘in concurrence’ with the CJI but had eventually rejected it.
- Transparency: There is no official procedure for selection or any written manual for the functioning of the Collegium. The parameters considered for selection (or rejection) are not available in the public domain.
- Accountability: The selection of Judges by the Judges is considered undemocratic. Judges are not accountable to the people or any other organ of the State (Legislature or Executive). It can add an element of arbitrariness in functioning.
- Criticism by Judges: Many retired Judges have criticized the working of the Collegium, especially the lack of transparency. Several controversial appointments have been made despite objections by the members of the Collegium.
- No Checks: There are no checks on the process. Nor has there been any review regarding the effectiveness of the process. Critics of the system argue the phenomena of ‘Uncle Judges’ wherein near relatives, kith, and kin of sitting Judges are appointed to the higher judiciary leading to nepotism. Law Commission in its 230th Report (2012) recommended that the Judges, whose kith and kin are practising in a High Court, should not be appointed in the same High Court. The absence of transparency, accountability, and external checks creates space for subjectivity and individual bias in appointments. In some cases, the principle of seniority has been ignored.
- No Reforms: The Supreme Court did not amend the contentious provisions of the NJAC Act or add safeguards to the Act. Instead, it struck down the whole Act. The Supreme Court reverted to the old Collegium System. However, the Court did not take any steps to address the concerns associated with the Collegium System.
6. About the National Judicial Appointments Commission (NJAC)
- The Constitution (99th Amendment) Act, which established the NJAC and the NJAC Act, was passed by Parliament in 2014 to set up a commission for appointing judges,
replacing the Collegium system. - This would essentially increase the government’s role in the appointment of judges.
- The laws were repealed in October 2015 after the Supreme Court struck them down.
Composition of NJAC
- The Chief Justice of India as the ex officio Chairperson.
- Two senior-most Supreme Court Judges as ex officio members.
- The Union Minister of Law and Justice as ex officio members.
- Two eminent persons from civil society (one of whom would be nominated by a committee consisting of the CJI, Prime Minster, and the Leader of Opposition in the Lok Sabha, and the other would be nominated from the SC/ST/OBC/minority communities or women.
Article 124A created the NJAC, a constitutional body to replace the collegium system, Article 124B conferred the NJAC with the power to make appointments to Courts and Article 124C accorded express authority to Parliament to make laws regulating the manner of the NJAC's functioning. |
Recommendations
- Under the NJAC Act, the Chief Justice of India and Chief Justices of the HCs were recommended by the NJAC on seniority while SC and HC judges were recommended based on ability, merit and "other criteria specified in the regulations".
- Notably, the Act empowered any two members of the NJAC to veto a recommendation if they did not agree with it.
- In the collegium system, senior judges make appointments to the higher judiciary.
NJAC challenged
- In early 2015, the Supreme Court Advocates-on-Record Association (SCAORA) fled a plea challenging the provisions which had by then become laws.
- The SCAORA Contended in its petition that both the Acts were "Unconstitutional" and "invalid".
It argued that the 99th Amendment which provided for the creation of the NJAC took away the "Primacy of the collective opinion of the Chief Justice of India and the two Senior-most Judges of the Supreme Court of India" as their collective recommendation could be vetoed or "suspended by a majority of three non-Judge members". |
- It invoked the Second Judge Case to say that CJI primacy had to be protected.
- It also stated that the amendment "severely" damaged the basic structure of the Constitution, of which the independence of the judiciary in appointing judges was an integral part.
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
|
CENTRAL CIVIL SERVICES (CCS)
1. Context
2. About the Central Civil Services
- There are three All India Services Indian Administrative Service, the Indian Police Service and the Indian Forest Service which are selected by the Central government with officers allotted to various state cadres.
- The Centre then gets a certain percentage of officers from each state on central deputation.
- These bureaucrats work directly for the Centre. All India Services are governed by Article 312 of the Constitution of India.
- Other services are called Central Civil Services. These services are under the central government itself with no state cadre system.
- They include services such as the Indian Foreign Service, the Indian Revenue Service, Customs and Central Excise Service and Several others.
3. AIS Conduct Rules, 1968 and CCS Conduct Rules, 1964
- There are two sets of rules for civil servants one for All India Services and the other for Central Civil Services.
- Specially designed Conduct Rules govern an officer's behaviour and conduct.
- The AIS Conduct Rules, 1968 and CCS Conduct Rules, 1964 are mostly similar.
- These were framed based on recommendations from a committee constituted by then Minister of Home Affairs Lal Bahadur Shashtri in 1962.
- This Committee on Prevention of Corruption was headed by K Santhanam, a Member of the Rajya Sabha.
- The Conduct Rules cover a wide range of issues, from the ambiguous idea of personal integrity to more specific actions.
- For instance, Rule 3 (1) states that "Every member of the Service shall at all times maintain absolute integrity and devotion to duty and shall do nothing which is unbecoming of a member of the Service.
- This rule is purposefully vague and can be applied to individuals in cases of any kind of wrongdoing, even if the allegations are not covered under any more specific rules.
- For example, while the promotion of casteism is not covered under any specific Conduct Rules, casteist behaviour can be interpreted as "unbecoming of a member of the Service" under Rule 3 (1).
- On the other hand, Rule 4(1) of the AIS Conduct Rules is more specific.
- It states, "No member of the Service shall use his position or influence directly or indirectly to secure employment for any member of his family with any private undertaking or Non-Government Organisation".
3.2. Members are not allowed to be part of or assist political parties
- Rule 5 (1) states," No member of the Service shall be a member of. or be otherwise associated with, any political party or any organization which takes part in politics nor shall he take part in, subscribe in aid of or assist in any other manner, any political movement or political activity".
- 5 (4) states, "No member of the Service shall canvas or otherwise interfere with or use his influence in connection with, or take part in, an election to any legislature.
- While members can hold personal political beliefs, these rules restrict the degree to which they can act on them.
3.3. Similar restrictions are also there on expressing personal opinions.
- Rule 7 of AIS Rules States, "No member of the Service shall, in any radio broadcast or communication over any public media or in any document published anonymously, pseudonymously or in his name or the name of any other person or in any communication to the press or in any public utterance, make any statement of fact or opinion. Which has the effect of an adverse criticism of any current or recent policy or action of the central Government or a State Government; or Which is capable of embarrassing the relations between the Central Government and any State Government of any Foreign State".
- However, civil servants are allowed to express their opinions on official files and other official documents and can even talk to the media during field postings.
- What they can tell the media, though, is restricted to their job or some specific event/ issue. Personal beliefs on wider issues are not to be aired.
3.4. Taking dowry is banned.
- Dowry is an evil which afflicts all of society. Civil servants are no exception.
- Often, once selected for the services, officers receive numerous marriage offers.
- Influential families, including big political ones, covet civil servants as husbands for their daughters and are willing to pay a big price to win their hand in marriage.
- A civil servant's job security, status and perks received play a major role in inflating dowry demands.
- Officials from the Department of Personnel and Training (DoPT) even receive queries to provide contact details of candidates selected.
- At the same time, civil servants and their families are willing to receive a big dowry.
But as far as rules are concerned, both giving and receiving dowry are strictly prohibited. - Rule 11 (1-A) of the AIS Rules on "Giving or taking of dowry" states, "No member of the Service shall
- Give or take or abet the giving or taking of dowry or
- Demand, directly or indirectly, from the parents or guardian of a bride or bridegroom, as the case may be any dowry".
3.5. Reporting of Big gifts
- Rule 11 (1) states, "A member of the service may accept gifts from his near relatives or his personal friends having no official dealings with them, on occasions such as weddings, anniversaries, funerals and religious functions when the making of gifts conforms with the prevailing religious functions when the making of gifts conforms with the prevailing religious and social practice, but he shall make a report to the Government if the value of such gift exceeds Rs 25, 000.
- The threshold of Rs 25, 000 was last fixed in 2015.
4. Rules are amended and added from time to time
- While Conduct Rules penned in the 1960s are still being followed, these are never static, with updates made from time to time.
- For instance, about Rule 5(1), the government from time to time determines whether a particular organisation is political or not.
- Interestingly, such clarifications have been repeatedly made about the Rashtriya Swayamsevak Sangh (RSS) with rules stating that its activities are political.
- Notably, while the RSS itself claims to be non-political, even BJP governments at the Centre have not changed its categorisation.
- The government added a few sub-rules in August 2014.
- High ethical standards, integrity and honesty
- Political neutrality
- Accountability and transparency
- Responsiveness to the public, particularly to the weaker section
- Courtesy and good behaviour with the public among other things.
- The government also added that Every member of the Service shall maintain integrity in public service
- Take decisions solely in the public interest and use or cause to use public resources efficiently, effectively and economically
Declare any private interests relating to his public duties and take steps to resolve any conflicts in a way that protects the public interest - Not place himself under any financial or other obligations to any individual or organisation which may influence him in the performance of his official duties
- Not misuse his position as a civil servant and not make decisions to derive financial or material benefits for himself, his family or his friends act with fairness and impartiality and not discriminate against anyone, particularly the poor and the underprivileged sections of society
- Perform and discharge his duties with the highest degree of professionalism and dedication to the best of his abilities.
5. Allegations
- Similarly, when allegations were made that only oral orders were being issued to subordinate officials, in 1979, the Janata Party government added that "The direction of the official superior shall ordinarily be in writing.
- Where the issue of oral direction becomes unavoidable, the official superior shall confirm it in writing immediately thereafter".
- In 1998, the United Front government added that "No member of the Service shall employ to work any child below the age of 14 years".
6. Officers are covered under the rules as soon they join the training.
- As soon as candidates are allotted a particular service and join training which is part of their probation period, they become members of that service and are thus covered by these rules.
- There are also certain rules which continue to apply post-retirement as well.
- Provisions for heavy penalties there, but difficult to police. Transgressions can attract two kinds of penalties major and minor.
- Major penalties can include "dismissal" from the service as well.
- Besides these conduct rules, there is also the Prevention of Corruption Act (POCA).
- However, action on corruption in India is based less on intelligence and more on complaints.
- While anonymous complaints are not entertained, complaints with the names and details of complainants hardly ever reach the proper forum.
- For, where such complaints can be made, include the Central Vigilance Commission, Lokpal and other investigation agencies.
7. Conclusion
For Prelims: All India Services, Central Civil Services, Central Vigilance Commission, Prevention of Corruption Act, AIS Conduct Rules, 1968, CCS Conduct Rules, 1964
For Mains:
1. Examine the role of public awareness and engagement in promoting ethical conduct among government officials. What measures can be taken to encourage citizens to report ethical violations? (250 Words)
2. Critically analyze the effectiveness of conduct rules in curbing unethical behaviour among government officials. Highlight any ambiguities and suggest improvements. (250 Words)
|
Previous Year Questions
1. The Central Vigilance Commission was established on the recommendation of which one of the following Committees? (NDA 2018) (UPSC CAPF 2017)
A. Santhanam Committee
B. Dinesh Goswami Committee
C. Tarkunde Committee
D. Narasimham Committee
Answer: A
2. According to the Lokpal and Lokayuktas Act, 2013 the Lokpal shall consist of maximum _______ members including the Chairperson. (MPSC 2019)
A. Three B. Four C. Nine D. Five
Answer: C
3. Which one of the following CCS Conduct Rules, 1964 deals with sexual harassment of working women CISF ASI 2019
A. Rule 14A B. Rule 20 C. Rule 3C D. Rule 31
Answer: C
4. Santhanam committee was established for prevention of which social problem (RPSC 2015)
A. dowry system B. communal riots C. aids D. corruption
Answer: D
|
HUMAN DEVELOPMENT INDEX 2025
- The Human Development Index (HDI) serves as a consolidated measure that reflects average accomplishments in essential aspects of human development, namely: leading a long and healthy life, attaining education, and enjoying a satisfactory standard of living. It is calculated as the geometric mean of normalized indicators representing each of these three components.
- Life expectancy at birth is used to evaluate the health aspect. Education is gauged through two metrics: the average number of years of schooling for adults aged 25 and above, and the expected years of schooling for children entering the education system.
- The living standards dimension is determined by gross national income (GNI) per capita, with income figures adjusted using a logarithmic scale to account for the decreasing marginal utility of income as GNI increases
- The geometric mean is employed to combine these three dimension indices into the final HDI score. Detailed methodologies can be found in the technical notes.
- HDI also facilitates the evaluation of national policy decisions, highlighting how countries with similar GNI per capita may differ in terms of human development achievements. Such comparisons can encourage discussions about national development priorities.
- However, HDI offers only a limited view of human development, excluding aspects such as inequality, poverty, empowerment, and human security. To address these gaps, the Human Development Report Office (HDRO) has developed additional indices that provide insight into inequality, gender differences, and poverty levels.
- A comprehensive understanding of a nation's human development status requires further examination of supplementary indicators and the broader data found in the statistical annex of the Human Development Report

India's HDI Performance
India has shown commendable progress in human development:
-
HDI Value: Increased from 0.633 in 2021 to 0.644 in 2022, placing India 134th out of 193 countries, within the medium human development category.
-
Life Expectancy: Rose from 67.2 to 67.7 years
-
Education: Expected years of schooling reached 12.6; mean years of schooling increased to 6.57
-
Gross National Income (GNI) per Capita: Increased from $6,542 to $6,951.
-
Gender Inequality: India's Gender Inequality Index (GII) value improved to 0.437 in 2022, better than the global average of 0.462 and the South Asian average of 0.478
Top 10 Countries in Human Development Index (2025)
(Based on HDI values from 2023)
Rank | Country | HDI Value (2023) |
---|---|---|
1 | Iceland | 0.972 |
2 | Norway | 0.970 |
2 | Switzerland | 0.970 |
4 | Denmark | 0.962 |
5 | Germany | 0.959 |
5 | Sweden | 0.959 |
7 | Australia | 0.958 |
8 | Hong Kong (SAR, China) | 0.955 |
8 | Netherlands | 0.955 |
10 | Belgium | 0.951 |
Bottom 10 Countries in Human Development Index (2025)
(Based on HDI values from 2023)
Rank | Country | HDI Value (2023) |
---|---|---|
184 | Yemen | 0.470 |
185 | Sierra Leone | 0.467 |
186 | Burkina Faso | 0.459 |
187 | Burundi | 0.439 |
188 | Mali | 0.419 |
188 | Niger | 0.419 |
190 | Chad | 0.416 |
— | Central African Republic | 0.414 |
192 | Somalia | 0.404 |
193 | South Sudan | 0.388 |
- The United Nations Development Programme (UNDP) is the global development network of the United Nations, established in 1965. It works in nearly 170 countries and territories with the primary aim of eradicating poverty, reducing inequalities, and building resilience to promote sustainable human development.
- UNDP serves as a trusted partner to governments, civil society, and the private sector, helping countries develop policies, leadership skills, partnering abilities, institutional capabilities, and build resilience in order to sustain development results.
- One of the core roles of the UNDP is to assist countries in aligning their development strategies with the Sustainable Development Goals (SDGs). It supports initiatives across multiple sectors including democratic governance, climate change, disaster risk reduction, and economic growth.
- Importantly, UNDP emphasizes inclusive development, ensuring that marginalized communities have a voice in decision-making processes and access to basic services and opportunities.
- In addition to its development work, the UNDP is known for its influential global reports and indices, most notably the Human Development Report (HDR) and the Human Development Index (HDI).
- These tools provide a comprehensive assessment of progress and challenges in human development, going beyond economic measures to incorporate health, education, and living standards.
- Through its country offices and partnerships with local institutions, the UNDP also delivers technical expertise, capacity building, and financial support. It plays a coordinating role among UN agencies at the country level, helping align international aid with national priorities.
- By working at the intersection of policy and practice, the UNDP not only contributes to immediate development needs but also fosters long-term institutional and systemic change
For Prelims: United Nations Development Programme (UNDP), Human Development Report (HDR)
For Mains: Human Development Report 2024-25, Government policies and interventions for development in various sectors and issues arising out of their design and implementation.
|
Previous Year Questions
1.The Multi-dimensional Poverty Index developed by Oxford Poverty and Human Development Initiative with UNDP support covers which of the following? (2012)
Select the correct answer using the codes given below: (a) 1 only Answer (a)
The Multidimensional Poverty Index (MPI), developed by the Oxford Poverty and Human Development Initiative (OPHI) in collaboration with UNDP, is designed to measure poverty at the household level across multiple deprivations. It includes three key dimensions:
The MPI does not measure:
|
INDIA JUSTICE REPORT 2025
- The India Justice Report is a comprehensive study that evaluates the capacity and performance of key pillars of the country’s justice system — namely the police, judiciary, prisons, and legal aid.
- First released in 2019 and published by Tata Trusts in collaboration with several civil society partners such as the Centre for Social Justice, Common Cause, and CHRI, the report aims to provide data-driven insights into how effectively states are delivering justice to their citizens.
- The report ranks Indian states based on publicly available government data, using a range of indicators that assess not only the presence of infrastructure and personnel but also factors such as diversity, workload, budget allocation, training, and the accessibility of justice services.
- For example, it looks at vacancies in police forces and courts, the representation of women and marginalised communities, and the availability of legal aid services. It also highlights budgetary allocations and their actual utilisation within each sector.
- One of the major contributions of the India Justice Report is its state-wise ranking, which encourages competition and accountability among states. Larger states and smaller states are ranked separately to ensure a fair comparison. The aim is not only to show where states stand but also to promote improvements through evidence-based policymaking.
- The findings of the report often reveal persistent gaps in the justice system. For instance, many states struggle with high vacancy rates in police and judicial positions, which leads to delayed investigations and prolonged case pendency in courts.
- It also underscores the underutilisation of funds in the justice sector and highlights how access to justice remains uneven, especially for vulnerable populations.
- By providing a detailed and data-backed snapshot of the justice system, the India Justice Report plays a crucial role in pushing for reforms, enhancing transparency, and encouraging collaborative efforts among government bodies, civil society, and the general public to build a more equitable and efficient justice delivery mechanism in India
The India Justice Report underscores several ongoing challenges within India’s justice system across key domains:
- Policing remains urban-centric, with a notable reduction in the number of rural police stations between 2017 and 2023. The police-to-population ratio continues to lag at 155 officers per 100,000 people, well below the sanctioned level of 197. This shortfall often results in delayed investigations and weakened public safety. Bihar serves as a striking example, with only 81 police officers per lakh population.
- In terms of the judiciary, the report reveals a sharp 20% increase in pending cases, which have now crossed the five-crore mark. Court infrastructure struggles to keep up, with shortages in courtroom availability and significant vacancies in both high courts (33%) and district courts (21%).
- District court judges are handling an average caseload of 2,200 cases each, and while the case clearance rate stands at 94%, the overall pace of justice delivery remains slow, eroding public trust in the system.
- Prisons continue to suffer from severe overcrowding, with some facilities operating at more than 400% of their capacity. On average, prisons are at 131% occupancy. A staggering 76% of inmates are undertrials — individuals not yet convicted — and among them, one in four has been incarcerated for one to three years awaiting trial.
- The average daily expenditure per prisoner is just ₹121, reflecting insufficient investment in prison infrastructure, inmate welfare, and reform initiatives, all of which fall short of the standards envisioned under the 2023 Model Prisons & Correctional Services Act. The report also references the findings of the Amitava Roy Committee on prison reforms.
- Regarding legal aid, the report points to issues such as underutilisation of available funds, inefficient staffing patterns, and a decline in community-level legal support services, including village legal services clinics — with only one clinic available for every 163 villages. The legal aid system currently comprises over 41,000 lawyers and 43,000 paralegal volunteers.
- In the area of forensics, the justice system grapples with deep structural limitations, including chronic underinvestment, obsolete equipment, and a shortage of trained personnel. Furthermore, state human rights commissions are often hampered by unfilled senior posts and weak mechanisms for addressing complaints effectively.
- Despite these concerns, the report also highlights several positive developments. The proportion of women judges in the district judiciary has risen to 38%. Additionally, 83% of police stations across India are now equipped with at least one CCTV camera.
- There has also been an encouraging trend of increased government spending to strengthen the foundational capacity of the justice system
In the overall ranking of large and mid-sized states under the 2025 edition of the report, Karnataka retained the top position, followed by Andhra Pradesh, which improved significantly from fifth place in 2022 to second. Telangana held steady at third place, while Kerala moved up to fourth. In contrast, Uttar Pradesh and West Bengal remained at the bottom of the rankings, at 17th and 18th positions respectively, showing little change from the previous report. |
- The India Justice Report 2025 features India’s performance across various global justice and governance indices, including the Rule of Law Index 2024, published by the World Justice Project (WJP). In this index, India was placed 79th out of 142 nations.
- The index evaluates countries using eight core dimensions: checks on government authority, levels of corruption, transparency in governance, protection of fundamental rights, public safety and order, enforcement of regulations, as well as the efficiency of both civil and criminal justice systems.
- With regard to criminal justice, India stood at 89th position. The WJP highlights that a robust criminal justice system is central to upholding the rule of law, as it serves as the standard method for addressing legal grievances and prosecuting offenses against society.
- In the civil justice category, India ranked 111th. This component of the index assesses whether civil justice systems are not only accessible and cost-effective, but also impartial, free from corruption or undue political interference. It further examines the fairness, availability, and functionality of mechanisms such as alternative dispute resolution
For Prelims: Human Rights, judiciary
For Mains: GS II - Indian Judiciary
|