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DAILY CURRENT AFFAIRS, 20 SEPTEMBER 2025

PREAMBLE

 
1. Context
 
Dismissing the petition, a Bench of Justices Vikram Nath and Sandeep Mehta asked the petitioner, Bengaluru resident H.S. Gaurav, whether he had read the Preamble to the Indian Constitution. “What is the Preamble of the Constitution?” Justice Nath asked Mr. Gaurav, represented by senior advocate P.B. Suresh.
 
2. Preamble of Indian Constitution
 
  • The Preamble originally adopted on November 26, 1949, proclaimed India as a sovereign, democratic, republic. The framers of the Constitution deliberately excluded the term ‘socialist,’ believing that embedding a specific economic ideology in the Preamble was inappropriate. They felt it was better for future generations to determine the economic framework best suited to their times and circumstances.
  • Indian secularism, meanwhile, differs significantly from its Western counterpart. In Western secularism, there is a strict separation between state and religion, with the government refraining from interference in religious matters.
  • Conversely, Indian secularism allows the state to regulate the economic, financial, political, and non-religious aspects of religious practices.
  • It also empowers the state to implement social welfare measures and reforms within religious traditions.
  • The Constitution upholds secular principles through provisions guaranteeing the right to freely practice any religion and prohibiting discrimination based on religion in state affairs. Consequently, the Constituent Assembly chose not to include the term ‘secular’ in the Preamble initially.
  • In the Berubari case (1960), the Supreme Court ruled that the Preamble was not part of the Constitution and held no substantive legal authority.
  • However, in the landmark Kesavananda Bharati case (1973), the Court overturned this view, affirming that the Preamble is indeed part of the Constitution and must be interpreted in line with its vision.
  • Additionally, it held that the Preamble, like any constitutional provision, could be amended by Parliament. This led to the inclusion of the words ‘Socialist,’ ‘Secular,’ and ‘Integrity’ in the Preamble through the 42nd Constitutional Amendment in 1976
 
3. Features of Preamble of Indian Constitution
 
The Preamble of the Indian Constitution serves as the introductory statement, reflecting the essence and philosophy of the Constitution. It outlines the core values and guiding principles upon which the Constitution is based.
 
Key features of the Preamble are as follows:
 
  • The Preamble declares that the authority of the Constitution is derived from the people of India, emphasizing the principle of popular sovereignty
  • It describes India as a Sovereign, Socialist, Secular, and Democratic Republic, defining its essential characteristics:
    • Sovereign: India is independent and free to make its own decisions without external interference.
    • Socialist: Aimed at achieving social and economic equality.
    • Secular: The state treats all religions equally and upholds religious freedom.
    • Democratic: Power rests with the people, exercised through a system of representation.
    • Republic: The head of state is elected, not hereditary
  • The Preamble sets out the goals to be achieved by the Constitution:
    • Justice: Social, economic, and political.
    • Liberty: Of thought, expression, belief, faith, and worship.
    • Equality: Of status and opportunity.
    • Fraternity: Promoting the dignity of the individual and the unity and integrity of the nation.
  • The Preamble is an integral part of the Constitution, as held by the Supreme Court in the Kesavananda Bharati case (1973). It can be amended but is subject to the basic structure doctrine, ensuring that its fundamental principles remain intact
  • The Preamble acts as a prelude, encapsulating the fundamental values and guiding principles of the Constitution. It reflects the vision and aspirations of the people of India
  • The Preamble was adopted on November 26, 1949, along with the rest of the Constitution, but came into effect on January 26, 1950
 

 

Text of Preamble

WE, THE PEOPLE OF INDIA,
having solemnly resolved to constitute India into a
SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC
and to secure to all its citizens:

JUSTICE, social, economic and political;
LIBERTY, of thought, expression, belief, faith and worship;
EQUALITY, of status and of opportunity;
and to promote among them all

FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949,
do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION
 
 
4. Significance of Indian Constitution Preamble
 
  • The Preamble of the Indian Constitution reflects the core philosophy and foundational principles upon which the Constitution is built, offering a concise overview of its essence.
  • As the heart and essence of the Constitution, it acts as a guiding framework for interpreting and implementing its various provisions.
  • It serves as a beacon for governance, providing moral direction to policymakers and legislators by emphasizing the overarching objectives of justice, liberty, equality, and fraternity that should guide their actions and decisions.
  • The Preamble also celebrates India's unity in diversity, acknowledging the rich plurality of its people, encompassing varied languages, cultures, religions, and traditions.
  • Furthermore, it inspires citizens by highlighting their rights, duties, and responsibilities toward the nation. It fosters a sense of patriotism, civic responsibility, and dedication to the ideals of justice, equality, and fraternity among all individuals
 
5. Landmark Judgements
 

Berubari Union Case (1960)

  • Context: The question was whether the Preamble is a part of the Constitution and can be used as a source of power for the government.
  • Judgment: The Supreme Court held that the Preamble is not a part of the Constitution and does not confer any substantive power. It was viewed only as a guiding principle for the Constitution's provisions.
  • Significance: This case initially limited the scope of the Preamble’s role in interpreting the Constitution.

Kesavananda Bharati Case (1973)

  • Context: The case challenged Parliament's power to amend the Constitution, including the Preamble.
  • Judgment: The Supreme Court reversed its earlier opinion, ruling that the Preamble is an integral part of the Constitution and can be used to interpret its provisions. However, it does not confer any enforceable rights.
  • Significance: The Court introduced the basic structure doctrine, stating that Parliament can amend the Constitution, but the basic structure, as reflected in the Preamble, cannot be altered

Minerva Mills Case (1980)

  • Context: The case dealt with the scope of Parliament's power to amend the Constitution under Article 368.
  • Judgment: The Supreme Court reaffirmed the basic structure doctrine and emphasized the Preamble’s significance. It ruled that the harmony between Fundamental Rights and Directive Principles, as envisioned in the Preamble, is a part of the Constitution's basic structure.
  • Significance: This case highlighted the importance of the Preamble as a guiding light for achieving justice, liberty, and equality.

SR Bommai Case (1994)

  • Context: The case dealt with the dismissal of state governments under Article 356 and the secular nature of the Constitution.
  • Judgment: The Supreme Court ruled that secularism, as mentioned in the Preamble, is part of the Constitution's basic structure. Any state action violating secular principles would be unconstitutional.
  • Significance: It underscored the Preamble’s role in ensuring adherence to fundamental constitutional values, especially secularism

Union of India v. Naveen Jindal (2004)

  • Context: The case addressed the fundamental right to fly the national flag.
  • Judgment: The Supreme Court held that the Preamble symbolizes the aspirations of the people and can be referred to when interpreting constitutional rights.
  • Significance: The Preamble was used to reinforce the idea of patriotism and unity, as reflected in the Constitution
For Prelims: Constitutional amendment, Simple Majority, Special Majority, Constitutional Conventions, Anti-defection law, National Commission for Backward Classes (NCBC), Reservation for Economically Weaker Sections (EWSs), Goods and Services Tax (GST).
For Mains: 1. Discuss the significance and challenges associated with the process of amending the Constitution of India. (250 Words).
 

Previous year Question

1. Consider the following statements (2013)

1. An amendment to the Constitution of India can be initiated by an introduction of a bill in the Lok Sabha only.
2. If such an amendment seeks to make changes in the federal character of the Constitution, the amendment also requires to be ratified by the legislature of all the States of India.
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. The Parliament of India acquires the power to legislate on any item in the State List in the national interest if a resolution to that effect is passed by the (UPSC 2016)

A. Lok Sabha by a simple majority of its total membership

B. Lok Sabha by a majority of not less than two-thirds of its total membership

C. Rajya Sabha by a simple majority of its total membership

D. Rajya Sabha by a simple majority of not less than two-thirds of its members present and voting

Answer: D
 
Source: The Hindu
 
 

SAUDI ARABIA-INDIA

 
 
1. Context
With Saudi Arabia and Pakistan signing a formal mutual defence pact which states that “any aggression against either country shall be considered an aggression against both”, India said Thursday it will “study the implications” of this development for its “national security as well as for regional and global stability”, and is committed to “protecting India’s national interests”.
 
2.History of relation
  • The two countries established diplomatic relations in 1947, and Indian government officials say they have always enjoyed cordial and friendly relations that reflect their socio-cultural and economic ties going back centuries
  • The visit of King Abdullah to India in January 2006 was a watershed moment in the relationship.
  • The royal visit resulted in the signing of the Delhi Declaration, which was followed in 2010 by the Riyadh Declaration that elevated bilateral ties to a strategic partnership.
  • Prime Minister Modi’s visit to Riyadh in April 2016 captured the spirit of enhanced cooperation in the political, economic, security, and defence realms.
  • King Salman conferred on the Prime Minister the kingdom’s highest civilian honour, the King Abdulaziz Sash, indicating the importance Saudi Arabia attached to its relationship with India.
  • The visit of Crown Prince Mohammed to India in February 2019 took this momentum further. It was announced that the kingdom would invest approximately $100 billion in India, and six MoUs/ Agreements were signed in a range of fields.
  • An agreement was also signed to pave the way for Saudi Arabia to join the International Solar Alliance (ISA) launched by the Prime Minister
3. Pillars of relationship
For India, there are four key elements of the strategic ties with Saudi Arabia:
 
i. Economic ties
  • India is Saudi Arabia’s second-largest trade partner; Saudi Arabia is India’s fourth-largest trade partner. Bilateral trade in FY2022-23 was valued at $52.76 billion.
  • Trade with Saudi Arabia accounted for 4.53% of India’s total trade in FY23.
  • The joint statement issued during MBS’s visit said, “Both sides praised the burgeoning trade ties and noted that bilateral trade has increased to more than US$52 billion in 2022-23, marking a growth of more than 23%.”
  • As of January 2022, there were 2,783 Indian companies registered as joint ventures/ 100% owned entities with investments worth approximately $2 billion in the kingdom.
  • Indian companies and corporate groups such as L&T, Tata, Wipro, TCS, TCIL, and Shapoorji Pallonji have established a strong presence in Saudi Arabia
  • Saudi direct investments in India amounted to $3.15 billion (as of March 2022). Among the major investors are Aramco, SABIC, Zamil, e-holidays, and the Al Batterjee Group.
  • Saudi Arabia’s Public Investment Fund (PIF) has invested in several Indian startups such as Delhivery, FirstCry, Grofers, Ola, OYO, Paytm, and PolicyBazaar through SoftBank Vision Fund.
  • In June 2020, PIF announced an investment of $1.49 billion (2.32% stake) in Reliance Industries’ Jio Platforms, and in November 2020, an investment of $1.3 billion (2.04% stake) in Reliance Retail Ventures Ltd.
  • In May 2020, Saudi Agricultural and Livestock Investment Company (SALIC) acquired a 29.91% stake in Daawat Foods Ltd with an investment of $17.23 million.
  • In July 2021, PIF invested in India-based healthtech Healthifyme’s $75 million Series C funding round
  • Among the major proposed investments is the $44 billion West Coast Refinery & Petrochemicals Project in Maharashtra, which is being jointly built by Saudi Aramco, Abu Dhabi National Oil Company, and an Indian consortium that includes Indian Oil Corporation, Hindustan Petroleum Corporation, and Bharat Petroleum Corporation.
ii. Energy Cooperation

Saudi Arabia is a key partner for ensuring India’s energy security, and was its third largest crude and petroleum products source for FY23. India imported 39.5 million metric tonnes (MMT) of crude from the country in FY23, amounting to 16.7% of India’s total crude imports.

India’s LPG imports from Saudi Arabia stood at 7.85 MMT, and 11.2% of its total petroleum product imports, in FY 23.

iii. Defence Partnership

  • The defence partnership has witnessed tremendous growth in recent years. Then Army Chief General Manoj Mukund Naravane made a landmark visit to Saudi Arabia in December 2020.
  • There is extensive naval cooperation between India and Saudi Arabia, and two editions of the bilateral naval exercise, Al Mohed al Hindi, have been concluded so far. Both sides also cooperate closely in the domain of defence industries and capacity-building.
  • On defence ties, the joint statement said that the two sides commended their deepening cooperation, and agreed to continue work including joint exercises, training and high-level visits, and to “consider possibilities of joint development and production of defence equipment”
iv. Indians in Saudi
The Indian community in the kingdom is more than 2.4 million strong, widely respected for its contribution to the development of Saudi Arabia, and seen as a living bridge between the two countries.
The joint statement said the Indian side thanked the Saudi side for taking excellent care of the Indian diaspora residing in the kingdom, supporting the evacuation of Indian nationals stranded in Sudan through Jeddah under Operation Kaveri, and for facilitating Indian Hajj and Umrah pilgrims
 
4. Way forward

While India and Saudi Arabia have strengthened their relations in various fields over the years, there have also been occasional diplomatic challenges.

For instance, issues related to the welfare and working conditions of Indian laborers in Saudi Arabia have been a subject of concern.

Overall, the India-Saudi Arabia relationship is multifaceted and has evolved over time to encompass economic, strategic, cultural, and diplomatic dimensions, reflecting the importance of the two countries in the geopolitics of the Middle East and South Asia

 

Source: indianexpress

 

CHABAHAR PORT

 
 
 

1.Context

 
 The US administration led by President Donald Trump has said it is withdrawing the sanctions waiver granted to the Chabahar port in Iran, which is being developed by India, thereby ending the waiver from 2018 during Trump 1.0. The sanctions regime on the strategically-located port will come into effect from September 29, about 10 days from now
 
 

2.Why is Chabahar back in the news?

 
  • Ahead of the visit to Iran, where Mr Sonowal met with senior Ministers as well as officials connected to the Shahid Beheshti terminal project development.
  • An official statement said that the visit would be a chance to "Strengthen ties and the maritime relationship" between the two countries.
  • Due to the pandemic, there were fewer visits from India to Iran and vice-versa.
  • This visit will also highlight the importance of Chabahar as a gateway for Indian Trade with Europe, Russia and the CIS (Commonwealth of Independent States) Countries.
  • Mr Sonowal reviewed the progress in the work on the terminal and handed over six mobile harbour cranes to improve efficiency and invigorate the potential of chabahar in the loading and unloading operations at the port.
 

Image source: The Iran Primer 

 


3.India's strategic vision


The first agreement for Chabahar was signed by then Prime Minister Atal Bihari Vajpayee in 2003, the plan had a three-fold objective.
  1. To build India's first offshore port and to project Indian infrastructure prowess in the Gulf,
  2. To circumvent trade through Pakistan, given the tense ties with India's neighbour and build a long-term, sustainable sea trade route and 
  3. To find an alternative land route to Afghanistan, which India had rebuilt ties with after the defeat of the Taliban in 2001.
 
Prime Minister Manmohan Singh's government constructed the Zaranj-Delaram Highway in Afghanistan's South, which would help connect the trade route from the border of Iran to the main trade routes to Heart and Kabul, handing it over to the Karzai government in 2009.
 

4.Trilateral Agreement 

 
  • In 2016, Prime Minister Narendra Modi travelled to Tehran and signed the agreement to develop Chabahar port, as well as the trilateral agreement for trade through Chabahar with Afghanistan's President Ashraf Ghani.
  • Since the India Ports Global Chabahar Free Zone (IPGCFZ) authority took over the operations of the port in 2018.
  • It has handled 215 vessels, 16, 000 TEUs (Twenty-foot Equivalent Units) and four million tons of bulk and general cargo, the government said in Parliament last month.
 

5.Chabahar Route

  • In the last few years, a fourth strategic objective for the Chabahar route has appeared, with China's Belt and Road Initiative making inroads in the region.
  • The government hopes to provide Central Asia with an alternate route to the China-Pakistan Economic Corridor (CPEC) through Iran for Future Trade.
 
Mr Sonowal in his Speech at the Chabahar Day function said that it is India's vision to make the Shahid Beheshti port a transit hub and link it to the International North-South Trade Corridor (INSTC) that also connects to Russia and Europe.
 

6.Reasons for the delay

  • Since the beginning, the development of the Shahid Beheshti terminal in Chabahar, as well as surrounding infrastructure, has hit geopolitical roadblock after roadblock.
  • The biggest issue has been over Iran's relationship with western countries, especially the United States.
  • In years when Western sanctions against Iran increased and the Chabahar project has been put on the back-burner, while in the years when nuclear talks that resulted in the Joint Comprehensive Plan of Action (JCPOA) in 2015 came into being, the Chabahar port has been easier to work on.
  • In 2018, the U.S. Trump administration put paid to India's plans by walking out of the JCPOA and slapping new sanctions on dealing with Iran.
  • This led to the Modi Government "Zeroing out" all its oil imports from Iran, earlier a major supplier to India, causing a strain in ties.
  • Even though the U.S. made a special "carve-out" on sanctions for Chabahar.
  • On the ground, has been difficult to source equipment for the port construction from infrastructure companies that continue to fear secondary sanctions, as well as to engage in shipping and insurance companies for trade through Chabahar.

7.Ties with Taliban

  • The Modi Government also snapped ties with Afghanistan after the Taliban takeover in August 2021, which put an end to the Humanitarian aid of wheat and pulses that were being sent to Kabul via Chabahar.
  • When India restarted Wheat aid to Afghanistan this year, it negotiated with Pakistan to use the land route instead.
  • With the government now reopening the Indian Embassy in Kabul and Establishing ties with the Taliban government.
  • The Chabahar route may once again be employed, another reason for the recent flurry of activity at the Iranian port the terminal that India has pinned so many hopes on.
 
 
For Prelims: Chabahar Port, Belt and Road Initiative
 
For Mains: Significance of Chabahar Port to India, Relation between Iran and India
 
Previous Year Questions
 

 1.What is the importance of developing Chabahar Port by India? (2017)

(a) India’s trade with African countries will enormously increase.

(b) India’s relations with oil-producing Arab countries will be strengthened.

(c) India will not depend on Pakistan for access to Afghanistan and Central Asia.

(d) Pakistan will facilitate and protect the installation of a gas pipeline between Iraq and India

Answer (c)

The development of Chabahar Port by India is crucial because it provides India with an alternative route to Afghanistan and Central Asia, bypassing Pakistan. The port, located in Iran, helps India enhance its strategic and economic ties in the region, facilitating trade and transportation while reducing its reliance on Pakistan for land access to Afghanistan

 

Mains

 

1. In what ways would the ongoing U.S-Iran Nuclear Pact Controversy affect the national interest of India? How should India respond to this situation? (2018)

2. The question of India’s Energy Security constitutes the most important part of India’s economic progress. Analyse India’s energy policy cooperation with West Asian countries. (2017)
Source: Hindu
 

CLOUDBURST

 

1. Context

Dehradun and several other districts in Uttarakhand have experienced very heavy rainfall over the past few days, triggering landslides in multiple areas and causing rivers to swell to dangerous levels. At least 15 people have reportedly died in the region due to landslides.

2. Cloudburst

  • A cloudburst is a sudden and intense weather phenomenon characterized by a heavy and rapid release of precipitation from a cloud.
  • This concentrated burst of rainfall can lead to flash floods, landslides, and other forms of water-related disasters in a very short period of time.
  • Cloudbursts typically occur in areas with high humidity and convective activity, such as mountainous regions, coastal areas, and places prone to thunderstorms.

3. How do Cloud bursts Occur?

Cloudbursts typically occur in regions with convective activity, such as areas prone to thunderstorms, mountainous terrain, and coastal regions. They are often associated with towering cumulonimbus clouds, which are large and vertically developed clouds capable of generating intense rainfall and thunderstorms. Here's how a cloudburst happens:

  • Formation of Cumulonimbus Clouds: Cloudbursts are most commonly associated with cumulonimbus clouds, which are towering clouds formed through the process of convection. Warm air near the Earth's surface rises, cools, and condenses into water droplets as it encounters cooler air at higher altitudes. This process leads to the formation of these large, vertically oriented clouds.
  • Updrafts and Water Vapor: Inside a cumulonimbus cloud, strong updrafts of air carry water vapor from lower altitudes to higher altitudes within the cloud. As the air rises, it cools and the water vapor condenses into tiny water droplets or ice crystals.
  • Collision and Coalescence: Within the cloud, water droplets and ice crystals collide and combine, forming larger droplets. As these droplets continue to collide and grow in size, they become too heavy for the updrafts to support, causing them to fall.
  • Downdrafts: The larger water droplets and ice crystals begin to descend as downdrafts within the cloud. As they fall through the cloud, they can pick up additional moisture, further increasing their size.
  • Precipitation Release: Eventually, the water droplets and ice crystals become large enough that the force of gravity overcomes the upward force of the updrafts, and they start to fall rapidly toward the Earth's surface. This is the point at which the cloudburst occurs. The droplets fall in large quantities over a relatively small area, resulting in intense rainfall within a short timeframe.
  • Impact and Consequences: The rapid and concentrated release of precipitation from the cloudburst can overwhelm drainage systems, lead to flash floods, and trigger landslides, especially in areas with steep terrain. The intensity of the rainfall can result in immediate and severe flooding, causing damage to property, and infrastructure, and posing risks to human safety.

4. Causes of Cloud Bursts

  • Atmospheric Instability: Cloud bursts often occur in regions with convective instability in the atmosphere. Convective instability refers to the situation where warm and moist air near the Earth's surface rises rapidly due to its lower density compared to the surrounding cooler air. This vertical motion can lead to the formation of towering cumulonimbus clouds that are capable of generating intense rainfall.
  • Moisture Availability: The presence of abundant moisture in the atmosphere is essential for the formation of cloud bursts. When warm, moisture-laden air rises and condenses at higher altitudes, it releases latent heat, which further fuels the upward motion of air. This process can lead to the development of strong updrafts within clouds and the rapid accumulation of water droplets.
  • Orographic Effects: Cloudbursts are often common in mountainous regions due to orographic lifting. When moist air is forced to rise over a mountain range, it cools and condenses, leading to the formation of clouds and potentially intense rainfall. The combination of orographic lifting and convective instability can enhance the likelihood of cloud bursts in these areas.
  • Frontal Boundaries: Cloudbursts can also occur along frontal boundaries, where two air masses of differing temperatures and moisture content meet. The convergence of these air masses can create strong vertical motion and promote the development of thunderstorms and heavy rainfall.
  • Cumulonimbus Clouds: Cloud bursts are often associated with cumulonimbus clouds, which are large and vertically developed clouds capable of generating intense weather. These clouds are formed through the process of convection, where warm air rises, cools, and condenses into cloud droplets. The presence of cumulonimbus clouds increases the likelihood of intense rainfall and thunderstorm activity.

5. Consequences of Cloud Bursts

The consequences of a cloud burst, which is a sudden and intense release of precipitation from a cloud, can be significant and often lead to a range of water-related hazards and disruptions. Here are some of the key consequences of a cloud burst:
  • Flash Floods: One of the most immediate and dangerous consequences of a cloud burst is the occurrence of flash floods. The intense and concentrated rainfall from the cloud burst can overwhelm drainage systems, rivers, and streams, leading to rapid and widespread flooding. Flash floods can occur within minutes of the onset of heavy rainfall and pose a serious threat to lives, property, and infrastructure.
  • Landslides and Mudslides: In hilly or mountainous regions, a cloud burst can saturate the soil, making it more susceptible to landslides and mudslides. The additional water weight, coupled with the steep terrain, can trigger the sudden movement of soil and rock, leading to dangerous landslides that can bury homes, roads, and communities.
  • Property Damage: The rapid and intense nature of a cloud burst's rainfall can result in significant damage to homes, buildings, and infrastructure. Floodwaters can enter structures, causing structural damage, waterlogging, and destruction of personal belongings. Infrastructure such as roads, bridges, and utility systems can also be severely affected.
  • Disruption of Services: Cloud bursts can disrupt essential services, including transportation, communication, and utilities. Flooded roads and bridges can make travel difficult or impossible, hampering emergency response and evacuation efforts. Power outages can occur if the electrical infrastructure is damaged by flooding or landslides.
  • Health and Safety Risks: The flooding and contamination of water sources during a cloud burst can pose health risks to the affected population. Contaminated water can lead to the spread of waterborne diseases, and individuals may be at risk of injuries, drowning, or exposure to hazardous materials in floodwaters.

6. Mitigating Measures for Cloud Bursts

Mitigating the impacts of cloud bursts requires a combination of proactive planning, infrastructure improvements, and community preparedness. Here are some key measures that can be taken to mitigate the effects of cloud bursts:
  • Early Warning Systems: Implement effective early warning systems that can provide timely alerts about impending cloud bursts and heavy rainfall. These systems should be capable of reaching a wide audience through various communication channels, including mobile phones, sirens, and local media.
  • Floodplain Zoning and Land Use Planning: Designate floodplain areas where development is restricted or regulated. Proper land use planning can help prevent construction in high-risk flood areas, reducing potential damage to property and infrastructure.
  • Improved Drainage Infrastructure: Enhance drainage systems in urban and rural areas to handle sudden and intense rainfall. Well-designed drainage systems can help prevent water accumulation on roads and prevent flash floods.
  • Erosion Control Measures: Implement erosion control measures, such as building retaining walls, stabilizing slopes, and using vegetation to prevent soil erosion in hilly and mountainous regions.
  • Reservoirs and Dams: Construct reservoirs and dams to store excess water during heavy rainfall and release it gradually to prevent downstream flooding. Proper maintenance of these structures is essential to ensure their effectiveness.
  • Green Infrastructure: Incorporate green infrastructure solutions such as permeable pavements, rain gardens, and rooftop gardens in urban planning. These measures can help absorb and manage excess rainwater, reducing the risk of flooding.

7. Conclusion

A cloudburst is a result of the complex interplay between atmospheric conditions, convective processes, and the physical properties of water droplets and ice crystals within a cloud. These intense weather events can have significant impacts on the affected areas and highlight the importance of preparedness, early warning systems, and proper urban planning to mitigate their effects.
 
For Prelims: Cloudbursts, flash floods, landslides, Cumulonimbus Clouds, Water Vapour, Floodplain Zoning, Green Infrastructure.
For Mains: 1. What is a cloudburst, and how does it differ from regular rainfall? Explain the causes and meteorological factors that contribute to the occurrence of a cloudburst.
 
 

Previous year Questions

1. Which of the following statements with regard to Cloudburst is/are correct? (UPSC CDS 2017)
1. It is defined as sudden localized very heavy downpour with cloud thunder and lightning.
2. It mostly occurs in the hilly areas.
3. It results in a very high intensity of rainfall, i.e., 250 mm-300 mm in a couple of hours.
4. It occurs only during the daytime.
Select the correct answer using the code given below. 
A. 1, 2 and 3
B. 1, 3 and 4
C. 2 and 3 only
D. 2 only
Answer: A
 Source: The Indian Express
 
 

UNIFIED PENSION SCHEME (UPS)

 
 
1. Context
 
Central government employees have till September 30 to opt for the Unified Pension Scheme (UPS) under the National Pension System (NPS), which was approved by the Cabinet last August and came into effect from April 1 this year. 
 
2. What is the Unified Pension Scheme (UPS)?
 
The Unified Pension Scheme (UPS) refers to a pension initiative proposed to streamline and unify various pension systems in India, aiming to provide a more consistent and efficient framework for pension benefits across different sectors. It is a part of broader reforms aimed at improving the sustainability and accessibility of pension systems for both government employees and individuals in the private sector
 
3. What are the key components of UPS?
 
  • The Unified Pension Scheme (UPS) includes five main components. Firstly, it guarantees that government employees will receive a lifetime monthly pension amounting to half of their average basic salary from the last 12 months of service before retirement, provided they have served a minimum of 25 years.
  • For those with less than 25 years of service, the pension benefits will be reduced proportionally, with a minimum pension set at ₹10,000 for those who have worked for at least 10 years.
  • In the event of an employee’s death, a family pension, amounting to 60% of the employee's pension, will be provided to their dependents. To protect against inflation, these pension payments will be adjusted based on consumer price trends for industrial workers, similar to the dearness relief given to current government employees.
  • Additionally, retirees will receive a lump-sum superannuation payout, along with gratuity benefits. This payout will be calculated as 1/10th of the employee’s monthly salary at the time of retirement for every six months of service
 
4. What is the difference between old and new pension scheme?
 
  • Government employees who joined before January 1, 2004, were covered under what is known as the Old Pension Scheme (OPS). However, this was replaced by the National Pension System (NPS) for employees who joined on or after that date.
  • The OPS guaranteed employees a pension equal to 50% of their last drawn salary, along with increases for dearness allowance.
  • It also provided a family pension of 60% of the last drawn pension and a minimum pension of ₹9,000 plus dearness allowance. At the time of retirement, employees could take 40% of their pension as a lump sum.
  • Additionally, pensioners who reached the age of 80 received a 20% increase in their monthly pension, with further increases every five years. Pensions were adjusted according to salary revisions recommended by the Pay Commission, with the most recent update implemented in 2016.
  • One major distinction between the OPS and both the NPS and the Unified Pension Scheme (UPS) is that OPS benefits were paid directly from the government’s treasury each month, meaning these obligations were "unfunded."
  • Unlike private sector employees, whose retirement savings are managed by the Employees’ Provident Fund Organisation, no contributions were made by either employees or employers under the OPS.
  • The NPS, introduced by the Atal Bihari Vajpayee government after lengthy discussions about the growing costs of civil servants' pensions, replaced the OPS's 'defined benefits' model with a 'defined contribution' approach.
  • Under the NPS, 10% of employees' salaries, matched by contributions from the employer (either the Central or State governments, as nearly all states adopted the NPS), were invested in market-linked securities, including equities, managed by professional fund managers.
  • At retirement, employees were required to use 40% of their NPS savings to purchase an annuity that would provide a monthly income. Although the government increased its contribution to the NPS to 14% in 2019, the NPS did not guarantee specific pension amounts, unlike the OPS.
  • The Unified Pension Scheme (UPS) aims to blend the defined benefit aspect of the OPS with the defined contribution model of the NPS. Employees will contribute 10% of their salary, while the government will contribute 18.5%, with the possibility of adjusting this rate in the future.
  • The government will cover any shortfall between the returns generated by these contributions and its pension obligations.
  • It is unclear whether the UPS will include adjustments based on future Pay Commission recommendations or provide higher pensions for those over 80 years of age, as the OPS did
 
5. Reasons for the Change
 
  • Before and after the introduction of the NPS, government employees expressed strong opposition due to the lack of guaranteed pension incomes and the disparity between the benefits received by employees who joined after 2004 compared to those who joined earlier. This discontent has grown in recent years, as some NPS participants with fewer years of service began retiring with comparatively lower pension benefits.
  • This unrest eventually became a political issue, with opposition parties like the Congress pledging to reinstate the OPS for state employees in the lead-up to some state elections and implementing this change after coming to power in a few states.
  • The Narendra Modi government, in its second term, opposed this reversal, arguing that it was fiscally irresponsible. However, in March 2023, Finance Minister Nirmala Sitharaman announced the formation of a committee to review the NPS for government employees, aiming to balance "their aspirations with fiscal prudence."
  • This committee was led by former Finance Secretary T.V. Somanathan, and while its report has not yet been made public, the decision to introduce the UPS has been influenced by the committee's discussions.
  • If there was any doubt about the connection between the UPS benefits and political considerations ahead of several state elections, Information and Broadcasting Minister Ashwini Vaishnaw addressed them.
  • While announcing the UPS, he pointed out that Congress-ruled states that had promised to return to the OPS had not yet implemented it, whereas Prime Minister Modi had delivered a solution aimed at ensuring "inter-generational equity."
6. Reaction of States
 
  • Central government employees have generally welcomed the provisions of the UPS, viewing it as recognition of the issues with the NPS. However, there are still concerns about the contributory nature of the UPS and the absence of a commutation option similar to the OPS.
  • Like the employee representatives, economists are also awaiting more detailed information about the structure and financial implications of the UPS. This year, the contributions to the UPS, including arrears for some employees, are anticipated to cost an additional ₹7,050 crore.
  • Over time, increases in dearness allowance will also require extra funding. Aditi Nayar, chief economist at ICRA, noted, “Guaranteed pensions will increase the government's committed expenditure in the future, while reducing uncertainty for employees. This needs to be factored into the fiscal consolidation plans going forward.”
  • Although the immediate effect will be the government's additional 4.5% contribution to the UPS, future pension payouts will be higher but could be managed through increased revenue growth
For Prelims: PFRDA, NPS, AMC, PF, ISS, SLW
For Mains:
1.What is National Pension System and discuss the new withdrawal rules (250 words)
2.What is SLW and explain its Benefits (250 words)
 3.What is PFRDA and Critically analyse the functions and new regulations of PFRDA  (250 words) 

 

Source: The Hindu
 
 

ARCHAEOLOGICAL SURVEY OF INDIA (ASI)

 
 
 
1. Context
 
Even as the stage is set for a UNESCO team to visit Sarnath soon, after the Buddhist site near Varanasi was nominated by India for the World Heritage List, the Archaeological Survey of India (ASI) is preparing to install a “corrected” plaque at the location to credit the family of an erstwhile local ruler for its preservation — instead of the British
 
 

2. What is a national monument?

A national monument is a protected area or site that has been designated by a government or other authority as having national significance. These monuments can be natural, cultural, or historical landmarks and are usually protected from development or other activities that could damage or destroy them. National monuments are often open to the public and may have visitor centers, trails, and other facilities to help people learn about and appreciate them. They are typically managed by government agencies or non-profit organizations that work to preserve and protect them for future generations.

 

3. About Archaeological Survey of India (ASI)

  • The ASI was founded in 1861 by Alexander Cunningham, when he realised the need for a permanent body to oversee archaeological excavations and conservation.
  • But while the body remained largely dysfunctional in the 19th century owing to fund crunch, in the decades preceding Independence, it became very active.
  • A bulk of the protected monuments were taken under the ASI’s wings during the 1920s and30s, up till the 50s.
  • But in the decades after independence, the focus of successive governments was on health, education and infrastructure, rather than protecting heritage.
  • Even within the scope of heritage, the aim was to uncover more monuments and sites, instead of conservation.

Powers

  • The ASI operates under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, which empowers it to protect and manage monuments and archaeological sites of national importance.
  •  The ASI formulates and enforces regulations related to archaeological activities, including excavations, conservation, and publication of findings.
  • The ASI issues licenses for excavations, export of antiquities, and trade in archaeological objects.

Functions

  • The ASI undertakes conservation and restoration of protected monuments and sites. This includes structural repairs, chemical preservation, and environmental management.
  • The ASI conducts archaeological excavations to uncover historical remains, understand past civilizations, and enrich our knowledge of history.
  • The ASI conducts research on various aspects of archaeology and publishes findings in reports, journals, and books.
  • The ASI studies ancient inscriptions and coins to understand language, history, and economic systems.
  • The ASI manages site museums at various monuments and archaeological sites to showcase artifacts and educate the public.
  • The ASI conducts educational programs and outreach activities to raise public awareness about India's cultural heritage.

Role

  • The ASI plays a vital role in preserving India's rich cultural heritage for future generations. It safeguards monuments and sites that represent diverse periods and cultures, fostering national identity and pride.
  • By protecting and promoting historical sites, the ASI contributes significantly to India's tourism industry. Well-maintained monuments attract visitors, generating revenue and local economic benefits.
  • The ASI's research activities contribute to our understanding of India's history, culture, and society. This knowledge enriches academic fields and informs public discourse.

Mandate

  • To protect and preserve monuments and archaeological sites of national importance.
  • To conduct research and excavations to understand India's past.
  • To educate the public about India's cultural heritage.
  • To promote tourism by developing and maintaining historical sites.

 

Significance

  • The ASI is responsible for protecting and preserving India's archaeological sites, monuments, and artifacts. This includes conducting conservation and restoration work to ensure that these cultural treasures are maintained for future generations.
  • India is home to numerous world-renowned archaeological sites and monuments, such as the Taj Mahal, Qutub Minar, and Ajanta and Ellora Caves. The ASI's efforts to preserve and promote these sites contribute to the country's tourism industry, attracting millions of visitors from around the world each year.
  • India's rich cultural heritage is an integral part of its identity. The ASI's work helps to preserve and promote this heritage, fostering a sense of pride and connection among the country's citizens.
  • The ASI conducts research and documentation on India's archaeological heritage, contributing to the understanding of the country's history and culture. It also plays a role in educating the public about India's archaeological sites and artifacts through exhibitions, publications, and educational programs.
  • The ASI enforces laws and regulations related to the protection and preservation of India's cultural heritage. This includes the Ancient Monuments and Archaeological Sites and Remains Act, 1958, which provides legal protection to ancient monuments and archaeological sites in India.

 

4. The Way Forward

The Archaeological Survey of India plays an indispensable role in safeguarding and interpreting India's rich cultural heritage. Their efforts not only preserve the past but also contribute to academic knowledge, national identity, and economic development. As India navigates the future, the ASI's work remains vital in ensuring that its cultural legacy continues to inspire and educate generations to come.

 

For Prelims: Ancient Monuments and Archaeological Sites and Remains Act, 1958, ASI, 

For Mains: 
1. Critically evaluate the role of ASI in fostering national identity and pride in India. How does their work contribute to social cohesion and understanding of diverse historical periods and cultures? (250 Words)
2. Evaluate the potential conflicts between preservation of cultural heritage and development projects. Suggest strategies for achieving a sustainable balance between economic progress and protection of historical sites. (250 Words)

 

Previous year UPSC Mains Question Covering similar theme:

1.The rock-cut architecture represents one of the most important sources of our knowledge of early Indian art and history. Discuss. (GS 1, 2020)
2. Safeguarding the Indian Art Heritage is the need of the moment. Discuss. (GS 1, 2019)

 Source: The Indian Express

 

SAME-SEX MARRIAGE

 

1. Context 

A same-sex couple has moved the Bombay High Court, challenging the law that discriminates against them by taxing gifts received by one partner from the other. Under the Income Tax Act, no such tax on gifts is levied on heterosexual couples. This discriminates against them according to Article 14 and 15 of the Constitution

2. Petitions

  • The SMA provides a civil form of marriage for couples who cannot marry under their personal law and both the recent pleas seek to recognise same-sex marriage in this Act and not personal laws.
  • The first petition was filed by two men, Supriyo Chakraborty and Abhay Dang, who have been a couple for 10 years.
  • Their petition argued that the SMA was "ultra vires" the Constitution "to the extent it discriminates between same-sex couples and "opposite-sex couples"
  • It stated that the Act denied same-sex couples both "legal rights as well as the social recognition and status" that came from marriage.
  • About 15 legislations which guaranteed the rights of wages, gratuity, adoption, surrogacy and so on were not available to LGBTQ+ citizens.
  • The petitioners emphasised that the SMA "ought to apply to a marriage between any two persons, regardless of their gender identity and sexual orientation".
  • The other petition was filed by a same-sex couple of 17 years Parth Phiroze Mehrotra and Uday Raj Anand.
  • The recognition of same-sex marriage was only a "sequel" or a continuation of the Navtej Singh Johar Judgement of 2018 (decriminalising homosexuality) and the Puttaswamy judgement of 2017 (affirming the Right to Privacy as a fundamental right).
  •  The petition did not touch on personal laws but only sought to make the 1954 Act "gender-neutral".
Their plea pointed out that while Section 4 of the SMA permitted the solemnisation of marriage between any two persons, a subsequent section placed restrictions.
It said " The use, in Section 4 (C) of the words 'male' and 'female', as well as the use of gendered language such as the terms "husband/wife" and "bride/ bridegroom" in other sections of the Act, limit the access to marriage to a couple comprising one 'male' and one 'female".

3. Similar petitions

  • There are currently a total of nine petitions pending before the High Court of Delhi and Kerala, seeking to recognise same-sex marriages under Acts such as the SMA, the Foreign Marriage Act and codified personal laws.
  • The Supreme Court Bench transferred the various pending issues before the High Courts to the Supreme Court.

4. The key takeaways from the verdict

  • All five judges, including the CJI, unanimously agreed that there is no fundamental right to marry under the Constitution.
  • The judges unanimously concurred that it is not possible to modify the Special Marriage Act, 1954, using gender-neutral language to permit same-sex marriage. The petitioners sought to interpret the term "marriage" as between "spouses" instead of "man and woman" or to strike down gender-restrictive provisions of the Act.
  • CJI Chandrachud expressed that striking down provisions of the Special Marriage Act or interpreting it in a gender-neutral way would jeopardize the legal framework for interfaith and inter-caste couples. He argued that this would constitute "judicial lawmaking" and violate the doctrine of separation of powers.
  • While CJI Chandrachud and Justice Kaul advocated for civil unions for same-sex couples, they were in the minority. A civil union grants legal recognition to same-sex couples, offering them specific rights and responsibilities akin to marriage. However, it does not have the same status in personal law.
  • The minority view, articulated by CJI Chandrachud and supported by Justice Kaul, emphasized that the right to form unions stems from fundamental rights like freedom of speech and expression, as well as the right to life. They asserted that same-sex couples in civil unions should be entitled to a range of rights enjoyed by heterosexual couples.
  •  All five judges acknowledged the government's commitment to forming a high-level Cabinet committee to explore the rights that can be granted to non-heterosexual couples. This includes issues such as joint bank accounts, spousal beneficiary rights for provident funds, pensions, inheritance, and the ability to make medical decisions for one another.
  • The minority view, represented by CJI Chandrachud and Justice Kaul, struck down specific guidelines set by the Central Adoption Resource Authority (CARA) that prohibited same-sex or unmarried couples from jointly adopting a child.
 
5. The judges said four key questions

1. Fundamental Right to Marry

Minority View: Chief Justice D Y Chandrachud disagreed with the argument that there's an inherent fundamental right to marry under the Constitution. He suggested that marriage gained its significance due to state regulation, thus marriage itself is not fundamental.

Majority View: All five judges, including Justice Bhat, emphasized that personal preferences, no matter how important to an individual, do not necessarily constitute fundamental rights. They cited the risk of undermining the legal framework for interfaith and inter-caste couples if the Special Marriage Act (SMA) were to be modified to recognize same-sex marriage.

2. Interpretation of the Special Marriage Act

Minority View: CJI Chandrachud argued that altering the SMA to allow same-sex marriage would be legislative in nature and would harken back to an era when interfaith or inter-caste couples couldn't marry.

Majority View: Justice Bhat echoed the minority view's concerns about modifying the SMA, as it was designed to cater exclusively to heterosexual couples of different faiths. The majority view suggested that only the legislature could rectify this.

3. Queer Couples' Right to Adopt a Child

Minority View: CJI Chandrachud struck down certain CARA regulations, asserting that they did not serve the child's best interests and perpetuated disadvantages against the queer community. The minority argued that the law should not assume parenting abilities based on an individual's sexuality.

Majority View: The majority concurred with the minority's concerns about discrimination against queer couples in adoption matters. Justice Bhat pointed out the discriminatory aspects of this policy but suggested that only the legislature and executive could make this change.

4. Civil Unions for Queer Couples

Minority View: CJI Chandrachud stated that the right to form intimate associations is part of the freedom of speech and expression, emphasizing that the state must recognize a range of entitlements arising from such relationships. A committee chaired by the Cabinet Secretary would define the rights available to queer couples in unions.

Majority View: Justice Bhat rejected the notion that the court could prescribe the "choice" of civil unions for queer couples. Instead, the majority opinion suggested that the state should facilitate this choice if the community reaches a consensus on this matter.

6. Navtej Johar judgment (2018)

  • The five-judge Supreme Court Bench had decriminalised homosexuality and unanimously held that the criminalisation of private consensual sexual conduct between adults of the same sex under the more than 150-year-old Section 377 of the Indian Penal Code was unconstitutional.
  • The judgment had apologised to the LQBTQ+ community for the wrongs of history and had also stated: "Sexual orientation is natural. Discrimination based on sexual orientation is a violation of freedom of speech and expression".
  • Besides decriminalising consensual homosexuality, the judgment also made other important observations. 
  • It noted that homosexuals had the right to live with dignity and were "entitled to the protection of equal laws and are entitled to be treated in society as human beings without any stigma being attached to any of them".
  • It stated that a person's bodily autonomy be constitutionally protected and that sharing intimacy in private with a person of choice formed a part of the individual's right to privacy.
  • CJI Chandrachud also emphasised that the case was not solely about striking down Section 377 but also about the rights of the LGBTQ+ community.

7. NALSA vs Union of India judgment (2014)

The Court had said that non-binary individuals were protected under the Constitution and fundamental rights such as equality, non-discrimination, life, freedom and so on could not be restricted to those who were biologically male or female.

8. Government's stand

  • Late last year, while responding to the pleas seeking recognition of same-sex marriages in the Delhi High Court, Solicitor General Tushar Mehta for the Centre had said that as per the law, marriage was permissible between a "biological man" and biological woman".
  • He also argued that there were misconceptions about the Navtej Kaur judgment. "It merely decriminalises It does not talk about marriage," Mr Metha had stated.
  • The Counsel of the petitioner had rejected this by saying that while the 2018 judgement did not mention the words "same-sex marriage" the "inevitable conclusion" favoured recognising it.
  • In its affidavit opposing the pleas, the Centre had said: "The acceptance of the institution of marriage between two individuals of the same gender is neither recognised nor accepted in any uncodified personal laws or any codified statutory laws".
  • It also argued against the urgency of the pleas by saying nobody was "dying" in the absence of a marriage certificate.

8. Other countries 

  • A total of 32 countries around the world have legalised same-sex marriages, some through legislation and others through judicial pronouncements.
  • Many countries first recognised same-sex civil unions as the escalator step to recognise homosexual marriage.
Civil unions or partnerships are similar arrangements to marriages which provide legal recognition of unmarried couples of the same or opposite sex to grant them some of the rights that come with marriage such as inheritance, medical benefits, employee benefits to spouses, managing joint taxes and finances and in some cases even adoption.
 
  • The Netherlands was the first country in 2001 to legalise same-sex marriage by amending one line in its civil marriage law.
  • In some countries, the decriminalisation of homosexuality was not followed for years by the recognition of same-sex marriage, for instance, in the U.S. the former happened in 2003 while the latter was in 2015.
For Prelims & Mains
 
For Prelims: Same-Sex Marriage, Special Marriage Act,  LGBTQ+ citizens, Navtej Singh Johar Judgement, Puttaswamy judgement, NALSA vs Union of India judgment, 
For Mains:
1.  What is same-sex marriage? Discuss the various issues to legalize same-sex marriage in India. (250 Words)
2. LGBTQ community “are entitled to the full range of constitutional rights”. Comment (250 Words)
 
 
Previous Year Questions:

Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice? (UPSC 2019)

(a) Article 19

(b) Article 21

(c) Article 25

(d) Article 29

Answer (b)
Source: The Hindu 
 
 

INDUS WATER TREATY

1. Context

Having previously asked for a review, modification, and renegotiation of the Indus Waters Treaty (IWT), India put the agreement, which had survived India-Pakistan tensions for 65 years, in abeyance after the terrorist attack in Pahalgam in April
 

2. Is unilateral suspension permissible?

 

  • The Indus Waters Treaty (IWT) cannot be modified or terminated by one country alone. Article XII explicitly states that the agreement may only be ended through a "duly ratified treaty" mutually accepted by both India and Pakistan.

  • India’s reference to placing the treaty “in abeyance” in its communication with Pakistan lacks legal grounding, as international law and the Vienna Convention on the Law of Treaties (VCLT), 1969—which serves as the foundational framework for international agreements—do not recognize this term.

  • Under Article 62 of the VCLT, a treaty may be withdrawn from if there has been a “fundamental change of circumstances” compared to when it was first signed.

  • Although India is not a signatory and Pakistan has signed but not ratified the VCLT, the International Court of Justice (ICJ), in its ruling on the Fisheries Jurisdiction cases, recognized Article 62 as part of customary international law—making it applicable even without formal ratification.

  • India appears to be appealing to this legal doctrine in its letter, which emphasized that a “fundamental change in circumstances” warrants a reassessment of its commitments under the IWT.

  •  For instance, in the 1997 Gabcíkovo-Nagymaros case involving Hungary and Slovakia’s dam project, Hungary claimed that evolving political and economic conditions, along with potential environmental risks, justified ending the treaty.

  • The ICJ dismissed these claims, asserting that the cited changes were not directly tied to the treaty’s central goal of cooperative energy generation

3.How will this have effect on Pakistan?

  • Over 80% of Pakistan’s agricultural activities and nearly one-third of its hydropower production rely on the Indus basin's water resources.
  • Despite this heavy dependence, analysts point out that India does not have the extensive water storage facilities or a widespread canal network necessary to retain the vast volumes—tens of billions of cubic metres—of water from the western rivers.
  • India’s existing infrastructure primarily comprises run-of-the-river hydropower projects, which are not designed for significant water storage.
  • Nevertheless, the primary concern lies in the unpredictability of water flows, which poses a serious threat to Pakistan’s largely agriculture-based economy

4. Applications moved by Pakistan and India earlier

  • The World Bank, the third party to the Treaty and the acknowledged arbiter of disputes were, meanwhile faced with a unique situation of having received two separate requests for the same dispute.
  • New Delhi feels that the World Bank is just a facilitator and has a limited role.
  • On December 12, 2016, the World Bank announced a "pause" in the separate processes initiated by India and Pakistan under the Indus Waters Treaty to allow the two countries to consider alternative ways to resolve their disagreements.
  • The regular meetings of Indus Waters Commissioners resumed in 2017 and India tried to use these to find mutually agreeable solutions between 2017 and 2022.
  • Pakistan refused to discuss these issues at these meetings.
  • At Pakistan's continued insistence, the World Bank, in March last year, initiated actions on the requests of both India and Pakistan.
On March 31, 2022, the World Bank decided to resume the process of appointing a Neutral Expert and a Chairman for the Court of Arbitration.
In October last year, the Bank named Michel Lino as the Neutral Expert and Prof. Sean Murphy as Chairman of the Court of Arbitration.
  • They will carry out their duties in their capacity as subject matter experts and independently of any other appointments they may currently hold.
  • On October 19, 2022, the Ministry of External Affairs said, " We have noted the World Bank's announcement to concurrently appoint a Neutral Expert and a Chair of the Court of Arbitration in the ongoing matter related to the Kishanganga and Ratle projects".
  • Recognising the World Bank's admission in its announcement that "carrying out two processes concurrently poses practical and legal challenges".
  • India would assess the matter that "India believes that the implementation of the Indus Water Treaty must be in the letter and spirit of the Treaty".
  • Such parallel consideration of the same issues is not provided for in any provisions of the Treaty and India has been repeatedly citing the possibility of the two processes delivering contradictory rulings, which could lead to an unprecedented and legally untenable situation, which is unforeseen in Treaty provisions.

5. Dispute redressal mechanism 

  • The dispute redressal mechanism provided under Article IX of the IWT is graded.
  • It's a 3-level mechanism.
  • So, whenever India plans to start a project, under the Indus Water Treaty, it has to inform Pakistan that it is planning to build a project.
  • Pakistan might oppose it and ask for more details. That would mean there is a question and in case there is a question, that question has to be clarified between the two sides at the level of the Indus Commissioners.
  • If that difference is not resolved by them, then the level is raised. The question then becomes a difference.
  • That difference is to be resolved by another set mechanism, which is the Natural Expert.
  • It is at this stage that the World Bank comes into the picture.
  • In case the Neutral Expert says that they are not able to resolve the difference or that the issue needs an interpretation of the Treaty, then that difference becomes a dispute.
    It then goes to the third stage the Court of Arbitration.
  • To Sum up, it's a very graded and sequential mechanism first Commissioner, then the Neutral Expert and only then the Court of Arbitration.

6. India's notice and its implications

  • While the immediate provocation for the modification is to address the issue of two parallel mechanisms, at this point, the implications of India's notice for modifying the treaty are not very clear.
  • Article XII (3) of the Treaty that India has invoked is not a dispute redressal mechanism.
  • It is in effect, a provision to amend the Treaty.
  • However, an amendment or modification can happen only through a "duly ratified Treaty concluded for that purpose between the two governments". 
  • Pakistan is under no obligation to agree to India's proposal.
  • As of now, it is not clear what happens if Pakistan does not respond to India's notice within 90 days.
The next provision in the Treaty, Article XII (4), provides for the termination of the Treaty through a similar process " a duly ratified Treaty concluded for that the purpose between the two governments".
  • India has not spelt out exactly what it wants to be modified in the Treaty.
  • But over the last few years, especially since the Uri attack, there has been a growing demand in India to use the Indus Waters Treaty as a strategic tool, considering that India has the natural advantage of being the upper riparian state.
  • India has not fully utilized its rights over the waters of the three east-flowing rivers Ravi, Beas and Sutlej over which India has full control under the Treaty.
    It has also not adequately utilized the limited rights over the three west-flowing rivers Indus, Chenab and Jhelum which are meant for Pakistan.
  • Following the Uri attack, India established a high-level task force to exploit the full potential of the Indus Waters Treaty.
  • Accordingly, India has been working to start several big and small hydroelectric projects that had either been stalled or were in the planning stages.
7. Indus river System
 
  • A river system consists of a river and all its tributaries. The Indus River system is made up of six rivers: Indus, Jhelum, Chenab, Ravi, Beas, and Sutlej. Among these, the Indus and Sutlej are antecedent rivers, meaning they existed before the formation of the Himalayas and carved deep gorges as they flowed from the Tibet region. The remaining four rivers—Jhelum, Chenab, Ravi, and Beas—originate in India.
  • The Indus Basin stretches across four countries: China, India, Pakistan, and Afghanistan. In India, it covers the Union Territories of Ladakh and Jammu and Kashmir, as well as Chandigarh, and the states of Himachal Pradesh, Punjab, Haryana, and Rajasthan. The total drainage area of the basin is about 3,21,289 square kilometers, representing roughly 9.8% of India’s total geographical area.
Western rivers
  • The Indus River originates from the trans-Himalayan range near Mansarovar Lake in Tibet, known as Singi Khamban or the Lion’s Mouth. Flowing west, it enters India at Demchok in Ladakh.
  • Within India, the river runs for about 1,114 kilometers, flowing between the Ladakh and Karakoram ranges. Its main right bank tributaries include the Shyok (originating from Rimo Glacier), Shigar, and Gilgit, while the Zaskar and Hanle rivers are its left bank tributaries. The Indus River travels a total of 2,880 kilometers, eventually emptying into the Arabian Sea near Karachi, Pakistan. The Indus River Dolphin, listed as endangered by the International Union for Conservation of Nature (IUCN), primarily inhabits the Indus.
  • The Jhelum River (252 km) begins at Verinag near the Pir Panjal in India, flowing through Wular Lake in Srinagar before entering Pakistan, where it merges with the Chenab near Jhang. The Chenab River, the Indus’s largest tributary, is 1,180 km long within India and originates from the confluence of the Chandra and Bhaga rivers at Tandi in Keylong, Himachal Pradesh.
Eastern river
  • The Ravi River (95 km) starts from the Kullu Hills near Rohtang Pass in Himachal Pradesh and joins the Chenab at Sarai Sidhu in Pakistan. The Beas River (354 km) originates from Beas Kund, located at 4,000 meters above sea level near Rohtang Pass. It flows through the Kullu Valley and joins the Sutlej near Harike in Punjab, India. The Harike Barrage, built in 1952, diverts water for the Indira Gandhi Canal system.
  • The Sutlej River (676 km) is another antecedent river, originating from Rakas Tal (4,555 meters above sea level) near Mansarovar in Tibet. It enters India near Ropar. India has built several important dams to harness the waters of the eastern rivers, including the Ranjit Sagar Dam on the Ravi, the Bhakra Dam on the Sutlej, and the Pong and Pandoh Dams on the Beas. These projects, including the Beas-Sutlej Link, the Madhopur-Beas Link, and the Indira Gandhi Canal Project, allow India to utilize nearly 95% of the waters of these eastern rivers.

 

8. Way Forward

However, India’s projects on the western rivers have been a source of dispute with Pakistan. Significant projects on the western rivers, such as the Salal Dam, the Baglihar Hydropower Project, the Pakal Dul Project, and the Kiru Project, are located on the Chenab River, while the Tulbul Project is situated on the Jhelum River in Jammu and Kashmir. These projects have been at the center of objections from Pakistan over the year

For Prelims & Mains

For Prelims: Indus water treaty, World Bank, India and Pakistan, Ravi, Jhelum, Sutlej, Beas, Chennab, Court of Arbitration, Uri attack, Neutral Expert, hydel projects, 
For Mains:
1. What is Indus Water Treaty and discuss India's recent notice and its implications (250 Words)
 
Previous Year Questions
 

1.With reference to the Indus river system, of the following four rivers, three of them pour into one of them which joins the Indus directly. Among the following, which one is such a river that joins the Indus direct? (2021)

(a) Chenab

(b) Jhelum

(c) Ravi

(d) Sutle

2.Consider the following pairs (2019)

Glacier River
1. Bandarpunch Yamuna
2. Bara Shigri Chenab
3. Milam Mandakini
4. Siachen Nubra
5. Zemu Manas

Answer (d)

Which of the pairs given above are correctly matched?

(a) 1, 2 and 4

(b) 1, 3 and 4

(c) 2 and 5

(d) 3 and 5

Answer (a)

Mains

1.The interlinking of rivers can provide viable solutions to the multi-dimensional inter-related problems of droughts, floods, and interrupted navigation. Critically examine. (2020)
 
Source: The Indian Express
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