Editorials (Ma 2023)

EDITORIAL SERIES (2 JANUARY 2023)
Editorial Series
Let Youth Succeed
Source: By ABHIPSHA RAY: The Statesman
CN R Rao, former head of the Scientific Advisory Council to the Prime Minister of
India had famously remarked in 2011 that, “India has no system of education; it only has a
system of examination.”
In a developing country like ours, education is not just a phase of life. It is the key to a
golden future, the hard-earned ladder that a poor person wants his/her children to climb, to
get up the social order. The privileged amongst us get to go to a school, learn, and envision a
world created by geniuses like Tagore, Einstein or Newton, ~ only to realize by the end of it
that we can never exist in such utopia or with the sense of liberty that they could probably
experience. The existing system slaps us in the face through the doors of numerous entrance
exams.
Come April-May each year, front pages of newspapers display toppers’ photographs of
various competitive exams, making every kid unlike them feel worthless. The seats for most
exams and courses are small compared to the huge population of this nation, and the battle
for each seat is fought with blood, sweat, heavy words like ‘dedication’, ‘hard work’, ‘killer
instinct’ and of course, pocket-emptying coaching classes. The selected few get famous in
their respective localities, glorified in the news, and advertised by every institute.
But what about the majority; A youth population of roughly 150 million drowns itself
in the ocean of competitive exams of various fields ~ some for medical and engineering,
some for CA or MBA, yet others for further studies and research scholarships, and some for the
most ‘secured’ government jobs.
The same story of numerous coaching institutes and ‘toppers’ and ‘losers’ continues. A
few succeed, the rest spend precious years of their youth to gear up again. And yet, the hard
and harsh truth is pretty logical and simple. Even if all the aspirants put in their cent percent
effort and perform in the best manner possible with the best possible luck, it is impossible for
everyone to qualify. Yet, students toil day and night, panic shared with their parents, and
the enormously shattered ones even decide not to live. India ranks among the top few of
those unfortunate countries where student suicides stand at a high rate of around 26,000
in three years. This roughly translates to one student dying every hour each day. The recent
student suicides in Kota, a prime hub of coaching classes, are a grim reminder of the same.
The question here is not just about letting the youth breathe, but also to ponder upon
what we are running towards? Where do we stop and what are we achieving out of it? The
statistics put up indeed a sad picture for India. India leads the group of nations that suffers
the worst from everyday stress.
According to the recently released World Happiness Report by United Nations
Sustainable Development Solutions Network, India ranks 136 out of 146 countries ~
which surprisingly makes her stand far behind neighbours like Nepal and Bangladesh. This may
not be completely attributed to the system of examinations, but it cannot be denied that in a
struggling country like ours, education is a major pathway to enter the workforce. The adult
population consists of people who have either formal or informal employment, and while formal
employment gives better job security and financial stability, entering it has its own set of
struggles.
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Most professional courses or government jobs are acquired in our country through
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competitive exams, some of which stand amongst the toughest in the world (not sure if that is
something to be proud of). With the level of rigorous toughness that these entrances demand,
ours should invariably be the most successful, happy, and inventive economy. But is that the
case? Sadly, enough, we are not even close. Globally, only three Indian Universities have
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made it to the top 200 universities category as recently reported by the QS World University
Rankings, 2023.
Indian research has been reported to be weak, due to the lack of patent culture and
funding. Academia has become more of a degree-churning field, where rigidities suffocate the
interest and enthusiasm of bright students. This stagnancy is evident as the number of
patents filed by a single US firm in India in 2016- 17 was more than double of all applications
filed by the best laboratories in the country, which includes labs under DRDO, IISc, IITs and
six research facilities under ISRO.
On the Corruption Perception Index, released by Transparency International, India
again has a shameful rank of 85 out of 180 countries, which also singles her out as one of
the ‘worst offenders’ in the Asia-Pacific Region. This rank hasn’t improved much over the past
many years, and it indeed questions the honesty of the bureaucracy, the public-sector and
ultimately reflects the corruption amongst the citizens in totality.
This is no indulgence in pitiful self-loathing and condemnation, but it is important to
introspect how other countries are apparently happier and successful without subjecting
their youth to the kind of strict competition that we have. While a Human Development Index
or a Global Hunger Index determines the state of the economy and its governance, it may
not be wrong to say that an unhappy, corrupt and stagnant economy that these indices show
reflect the qualities of its citizens, which essentially determines their state of mind.
So, what goes wrong? In a homogenous human population, adapting to cut-throat
competition translates to striving to be the best amongst all, and treating everyone else as a
threat. This is indeed the progenitor to the creation of a community that is selfish,
opportunistic, apathetic and insecure. And thus begins the perpetuation of a society where
everyone is running, no one trusts the other, and where losing or winning becomes the defining
parameter of life.
We are so busy competing that we are never at peace. And in a country of 1.35 billion
people, where 356 million are youth aged between 10 and 24, a large chunk of the
population ends up feeling defeated due to the strangulating competition and limited seats.
They lose self-esteem and interest in the process and often underestimate themselves by
accepting under-employment, and that ultimately leads to the incomplete utilization of the huge
human resource capital of this nation.
As Albert Einstein rightly points out, “Unlimited competition leads to a huge waste
of labour, and to that the crippling of the social consciousness of individuals.”
As an emerging economy that aspires to be a leader in the upcoming years, India needs
to give more peace to her youth so that they can reach their full capabilities. Young citizens
are the flag-bearers of a nation, and the existing system of education and employment
grabs everyone by the throat and pushes them into a never-ending labyrinth of cut-throat
competition and stress. After more than 75 years of Independence, the least a country can
ensure is to provide a student the opportunity to pursue whatever he or she desires.
The reform in the education policy needs to go beyond the remodelling of UGC. Jobs
need to be more readily available; research needs more funding and life needs to get better for
each one of us.
Hence, it undoubtedly becomes the need of the hour to prioritize policy-making towards
job creation in existing and emerging fields, increasing the seats of existing colleges and
establishment of more colleges and universities in both professional and general-degree courses.
The capital for this has to be organized with the genuine desire to give youth a better future.
The need for resource allocation for this purpose is more crucial than the immense
amount of money that at times goes into unnecessary expenses. In India’s unique social
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situation, a continuation of the present state may even lead to the propagation of hatred and
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divisiveness between different communities. Such a divided young population inevitably

becomes vulnerable to vote bank politics, which further inhibits them in achieving excellence or
in imagining themselves as a united force to transform this country.
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Policy-making should realize that intense competition ceases to be positive after a

point, and ultimately results in a society affected by depression and jealousy. Education
cannot be a burden on young minds, instead it should bring a desire to change things and
to take charge of the world’s problems.
And if that does not happen, we just keep running without getting anywhere. Unless
appropriately addressed, the demographic dividend we possess and claim to be proud of
becomes less of a precious resource and more of a national liability.
Biomass to ethanol
Source: By GAURVI NARANG: The Print
Researchers from Indian Institute of Technology, Guwahati have found that a specific
enzyme can effectively convert woody biomatter into bioethanol — a renewable fuel which
can even be used as a substitute for petrol or in food medicine.
With dwindling fossil fuel reserves and climate change heaving upon the world,
adopting clean strategies with renewable fuel is the need of the hour. Ethanol or ethyl
alcohol is not just used in spirits, drinks or pharmaceutical products, but can also be used
to fuel vehicles.
The enzyme known as RfGH5_4, which was derived from a bacterium called
Ruminococcus flavefaciens, effectively breaks down the cellulose and hemicellulose in
woody biomatter and converts it into bioethanol. This bacterium is found in the gut of cows
and other cud-chewing animals.
The efficiency of the enzyme, RfGH5_4, was tested by breaking down and fermenting
molecules of biomasses such as main stalk and small branches of cotton, sorghum stalk,
sugarcane bagasse, finger millet stalk and maize leaves, into simple sugars.
While chemical processes can be used to manufacture bioethanol fuel, it is usually
produced by fermentation of sugar, normally sourced from fuel or energy crops such as corn,
maize, wheat, potato among others.
The study was a collaboration between IIT-Guwahati and University of Lisbon in
Portugal, the results of which were published in the International Journal of Biological
Macromolecules, in October.
Led by Professor Arun Goyal of Department of Biosciences and Bioengineering, IIT
Guwahati, the study shows that large amounts of organic carbon are stored in agricultural
and plant biomass in the form of molecules like cellulose and hemicellulose.
The research is significant as it can help India lower its dependence on crude oil
imports, which currently stands at 85 per cent. Domestically produced ethanol can be blended
with petrol to drastically reduce the reliance on other countries. India hopes to bring in 20 per
cent ethanol blending with gas in some parts of the country by 2023, followed by a pan India
rollout in 2025-2026.
More uses of the enzyme
Going one step towards finding more sustainable alternatives to using non-renewable
sources of energy, these findings will not only convert wasted residual biomass into an
effective resource to fuel cars, but can be used in food medicine as well. It can also be applied
to other things such as the food and pulp industries, pharmaceuticals, textiles among others.
“Agricultural residual biomasses are wasted or burned causing various
environmental hazards including global warming and climate change. Their deconstruction by
RfGH5_4 might extend its usage in food medicine as well”, Professor. Goyal said in a statement
Tuesday.
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The authors say that the enzyme is multifunctional and proved to be an efficient
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catalyst. This makes it stand out from other enzyme groups present in nature, and available
commercially. What also stood out is that the enzyme remained stable at temperatures between
5 degrees Celsius and 45 degrees Celsius, making it widely applicable.
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Parmeshwar Gavande, PhD Research Scholar and the First author of the study stated,
“The structure of RfGH5_4 was deciphered using extensive molecular dynamics and
computational approaches at Param-Ishan Supercomputer facility of IIT-G. RfGH5_4 was found
to contain some highly flexible loops in its core structure making room for different
carbohydrate polymers during the reaction, thus imparting the multifunctionality to the
enzyme.”
These findings suggest that this enzyme may go a long way in providing a cost-effective
production of bioethanol on an industrial scale.
Free food scheme raises questions

Source: By Ajit Ranade: Deccan Herald
Christmas brought good cheer to 810 million Indians as the government announced
that it was making all food grain distributed under the Public Distribution System (PDS)
completely free for one year. Each person would get 5 kilos of rice or wheat or coarse cereal
every month free.
The PDS is a 60-year-old system meant predominantly for the poor. It sells food at
subsidised prices. It is understood as the network of ration shops around the country. The
word “ration” means allocating a scarce commodity in small portions so that everyone gets
something.
India had huge shortages of food till the 1960s and had to go with a begging bowl to
Western nations. Scarcity meant that food price inflation could go sky high. henceforth came
the PDS and ration shops. The government also introduced the concept of a minimum
support price (MSP) scheme for crops, along with a big and assured procurement scheme to
incentivise farmers and increase domestic production. Then came the green revolution,
basically in the states of Punjab and Haryana. So, India became self-sufficient in food
production and even started exporting wheat and rice.
The PDS, however, continued to expand because it caters to the poor. It was revamped
in 1992 and again in 1997 for better targeting of backward districts. However, it was clear
that a large amount of government procurement was not translating into better distribution
(despite the PDS) and better nutrition. There were also stories of leakage as cheap food grain
was stolen from ration shops and sold in the open market for a profit. The poor who lined up at
ration shops were often told that there was no stock. They stood in long lines only to be turned
away, and had no legal recourse. There was no legal penalty for ration shops which were stocked
out, nor was there any penalty for the government.
This was the background to the National Food Security Act of 2013, also called the
Right to Food. It was passed as a constitutional guarantee, and it came as the culmination
of a decade-long movement led by activists who went to the Supreme Court. The activists said
that despite a mountain of food grain in government granaries, there was still widespread
starvation and malnutrition. Hence the PDS mechanism was strengthened by the NFSA by
placing a legal obligation on the government to provide subsidised food.
Under the NFSA, three-fourths of the rural families and one-half of urban families
would receive rice, wheat and coarse cereal at Rs 3, 2 and 1 a kilo respectively. How successful
the NFSA has been is a matter of debate and separate discussion. The recent low ranking of
India in the World Hunger Index led to a lot of controversy and charges of conspiracy to malign
India’s image. Much was made about the subtle difference between hunger and malnutrition.
But during Covid, the Prime Minister’s GaribKalyan Anna Yojana (PMGKAY) was
launched to give free food grains to each person who was already covered by the NFSA. So,
this Covid-time scheme too reached (or is supposed to have reached) 810 million Indians. It
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was extended six times since May 2020 and was to expire this month. The total estimated
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expenditure on it has been Rs 4.5 lakh crore so far. This scheme has run parallel to the
PDS. The government has distributed more than 55 million tonnes of free food grain in the past
two years.
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Now, the PMGKAY has been shut down, and the PDS has been made totally free for
one year. Several questions arise.
Firstly, if the PDS can be used to distribute free food, why was the PDS not used during
Covid, instead of launching a new scheme called PMGKAY? In fact, that same Covid-time scheme
is continuing under the name of free PDS. If the PDS requires ration cards, while PMGKAY
did not, surely the PDS could have been tweaked during Covid? Since a lot of the poor do not
get covered under the PDS, and since their ration cards are not expected at other places, there
has been talk of “one nation one ration card”. This is especially true for migrant workers
and their families. So, this scheme could have been rolled out during Covid, thus
strengthening the effectiveness of the PDS. Of course, in the current extension, the cost of
free food grain will be borne by the Centre and not the states.
Secondly, why is the government not unloading 4.4 million tonnes of food grain from its
stocks into the private market? That has been strongly recommended by a member of the
NitiAayog. This would surely dampen food price inflation.
Cereal inflation is running at 13% and wheat inflation is at 20%. When free food is given
away, how will the government prevent re-sale of that same food grain by the beneficiaries for a
profit? Such re-sale is entirely possible given such high inflation. Would it not be better to involve
market traders? Nobel laureate AmartyaSen had famously said that market traders make
available scarce food grain more efficiently and promptly than any government ever could.
Famines and shortages are prevented because of quick inflow facilitated by private traders
into scarcity-hit regions.
Thirdly, once having become used to free food, how will the government ever raise PDS
prices? Unless PDS prices move closer to market prices, the subsidy will become unsustainable.
Of course, the subsidised or free grain is helping curb inflationary impact, but in the long run,
prices have to be raised.
Lastly, if 810 million citizens need free food for 42 months, what does that imply
about the official poverty ratio? If hunger is not a big problem, why are we giving away free
food on such a massive scale? Are we on our way to becoming a “langar nation”? Will the
budget for free food eat into the budget for health and education, on which our public spending
is much below that of our peers? That scarcity simply helps private clinics and coaching classes
thrive. It is time to think about the free food programme in a holistic and comprehensive
way, taking into account all social sector budgetary priorities and affordability.
Indian armed forces deploy ‘Pralay’ missile

Source: By Nishtha Badgamia: The WION
After the recent skirmish along the Line of Actual Control (LAC) between the Indian
Army and the People’s Liberation Army (PLA) of China, the former may have approved the
procurement of over 100 ‘Pralay’ ballistic missiles. The indigenously developed surface-to-
surface missiles will likely be deployed near India’s borders with China and Pakistan.
A high-level meeting of the Defence Ministry cleared the acquisition of around 120
missiles for the armed forces and their deployment along the borders, said a report by ANI citing
senior defence sources. Additionally, it also suggests that the missiles will first be provided
to the Indian Air Force followed by the Indian Army.
This comes after India’s Defence Research and Development Organisation (DRDO)
successfully conducted the maiden flight test of the Pralay missile last year. If confirmed,
this would also mark the first time that the Defence Ministry has cleared the use of ballistic
missiles in tactile roles.
What are some of the notable features of the ‘Pralay’ missile?
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Developed by the DRDO, the ‘Pralay’ ballistic missile is a canisterised tactical,

surface-to-surface, and short-range ballistic missile (SRBM) for battlefield use. It can hit
targets from a distance of 150 to 500 km and is extremely difficult to intercept by enemy
interceptor missiles. It added that the missile is being further upgraded and its range can be
extended significantly.
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Pralay is a Hindi word which means “apocalypse” or “to cause great destruction” or
“damage”. The missile is designed to destroy enemy radar, communication installations,
command centres and airfields and follows a Quasi Ballistic Trajectory which means the object
takes a low curved path after being shot. Furthermore, in addition to its high accuracy, the
missile can also change direction and range after being launched up to a certain distance.
Pralay is powered by a solid fuel rocket motor and is a high explosive preformed
fragmentation warhead that weighs somewhere between 350 kg to 700 kg which also
accounts for its Penetration-Cum-Blast (PCB) and Runaway Denial Penetration
Submunition (RDPS). It also has a speed of at least 2,000 km per hour and its missile
guidance system includes state-of-the-art navigation and integrated avionics.
Additionally, like most tactical ballistic missiles it is mobile which means it can be used
quickly on the battlefield. Pralay also has the ability to evade any anti-ballistic missile (ABM)
interceptors by performing mid-air manoeuvres by using a manoeuvrable re-entry vehicle.
When a high-explosive warhead, like the one Pralay missile is equipped with, explodes, its
pieces are thrown at a high speed which can inflict heavy damage.
Furthermore, the PCB bomb in the tactical ballistic missile is meant to blast through
underground targets like military bunkers while the RDPS bombs damage airport runways
rendering them useless for flights to take off or land. The surface-to-surface missile is also
reportedly intended to match China’s Dong Feng 12 (CSS-X-15) missile and can be compared
to the Russian 9k 720 Iskander missile or the US Army’s Precision Strike Missile (PrSM).
What has happened till now?
The DRDO began developing the Pralay missile in 2015 after being pushed for by the
late General Bipin Rawat who served as India’s Chief of Army Staff. It was tested twice on
two consecutive days, 21 December 2022 and 22 December 2022, last year. The launch took
place from the APJ Abdul Kalam Island and met all the mission objectives, said the DRDO
after which it was deemed a successful launch.
The second launch tested Pralay with a heavier payload and a different range, “to
prove the precision and lethality of the weapon”, said the DRDO. They added that the launch on
22 December 2022 was also monitored by a range of sensors and instruments including
telemetry, radar, and electro-optic tracking system deployed across the eastern coast and
the downrange ships positioned near the impact point.
Recently, ANI quoting defence sources had also claimed that the proposal for procurement
of the Pralay missile has been moved up to an advanced stage and is scheduled to be taken
up for clearance this week by the government. This also comes after India recently permitted the
use of ballistic missiles in tactical roles. Therefore, the acquisition of these ballistic
missiles is considered a significant development for the nation.
Practice 1. India to become self-reliant force, its youth has to be productive to

reap demographic dividend, but due to cut throat competition,
question for
examination based education system, youth gets wasted. Critically
Mains Analyze. Discuss the measures taken in education sector and
employment generation of youth.
2. Recent finding of an enzyme by IIT Guwahati, for production of
bioethanol could lower India’s dependency on crude oil and helps in
achieving its 2025-26 blending target. Evaluate. In what other forms
we can use this enzyme.
3. Distribution of free food grains since COVID times raise subsidies
sustainability issue and people dependency on it. Critically Examine.
Suggest reforms that should be taken by government in food sector
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for its sustainability and inclusivity.

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4. India recently permitted the use of ballistic missiles in tactical roles,

with this Pralay missile will prove to be significant. Examine. Discuss
some of the features of Pralay missile system.
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Editorial Series
Supreme Court upholds Demonetisation
Source: By The Indian Express

On 2 January 2023 the Supreme Court upheld the government’s decision to demonetise
currency notes of Rs 500 and Rs 1,000 by a 4:1 majority. Rather than the effect of the
decision, the court was to consider whether the recommendation for the policy came from
the government or the RBI.
“From the record, it appears that there was a consultative process between central govt
and RBI for over 6 months before the decision was taken,” the top court observed in a majority
judgement written by Justice B R Gavai.
In a surprise announcement on the evening of 8 November 2016, Prime Minister
Narendra Modi said in a televised address to the nation that the two banknotes will be “just
worthless piece of paper” with immediate effect, and went on to introduce new notes of Rs
2,000 and Rs 500 for public circulation.
While many termed it as a “bold” move, the Opposition, over the years, has criticised the
government. What was the legal challenge to the government’s move, and what has the
court said now? We explain.
What is the Supreme Court’s verdict on demonetisation?
Congress leader and Senior Advocate P Chidambaram, appearing for one of the
petitioners, referred to the Preamble of the Reserve Bank of India Act, 1934, which said the
right to regulate the issue of banknotes is entirely with RBI. It also generally operates the
currency and the credit system.
“That is why anything to do with currency must have emanated from the Reserve Bank of
India,” he argued earlier, saying the government could have exercised the power to
demonetise only on RBI’s recommendation.
The Indian Express earlier reported that the Government and the RBI affidavits to the
court did not mention that the RBI’s recommendation for the noteban – a procedural
requirement – came after the central bank critiqued many of the government’s justifications,
such as the claim regarding a rise in the number of Rs 500 and Rs 1,000 notes in
circulation, and that fake currency notes had a serious impact on the economy.
In its majority 4:1 judgment, it was held that the Centre’s notification dated 8 November
2016 was valid and satisfied the test of proportionality. “We find that the three purposes
are proper purposes and there was a reasonable nexus between the objects and the means
to achieve the objects. Action cannot be struck down on the basis of the doctrine of
proportionality, it said.
The central government’s decision was after RBI board’s approval which shows in-built
safeguard against centre’s powers. It cannot be said that there is excessive delegation of
power under the RBI Act to the Centre which is answerable to the Parliament. The court
observed.
“The Centre is required to take the action after the consultation with the Central
Board and there is an inbuilt safeguard. There has to be great restraint in matters of
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economic policy. The court cannot supplant the wisdom of executive with its wisdom.
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Decision-making process cannot be faulted merely because the proposal emanated from the
centre,” the judgment stated.
In her dissenting judgement, Justice B V Nagarathna said while the measure was “well-
intentioned”, it was to be declared “unlawful purely on legal grounds”. “The record
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demonstrates there was no independent application of mind by the RBI. There was no time
for the bank to such an independent application of mind,” she said in the court.
“As per Section 26(2), the proposal for demonetisation is to emanate from the central
board of the RBI. Demonetisation of all series of notes at the instance of Central Government
is a far more serious issue than the demonetisation of particular series by the bank. So, it has
to be done through legislation than through executive notification,” Justice Nagarathna
said.
Why was demonetisation challenged?
Taking up the batch of 58 petitions challenging various aspects of the government’s
note ban decision, the Supreme Court had initially wondered if it had not become merely an
“academic debate” given the passage of time. It later decided to go into the issue, with the
petitioners contending that the procedure prescribed in Section 26(2) of RBI Act, 1934, was
not followed.
Section 26(2) of the Act states that “on recommendation of the [RBI] Central Board,
the Central Government may, by notification in the Gazette of India, declare that, with effect
from such date… any series of bank notes of any denomination shall cease to be legal
tender save at such office or agency of the Bank and to such extent as may be specified in the
notification”.
Chidambaram argued that as per the particular section, the recommendation should have
emanated from the RBI, but in this case, the government had advised the central bank,
following which it made the recommendation. He said when earlier governments had
demonetised currency — in 1946 and 1978, they had done so by way of a law made by
Parliament.
He also accused the government of withholding documents related to the decision-
making process from the court and raised doubts about whether the quorum as required
for the RBI Central Board meeting was met.
How did the government and the RBI respond?
Senior Advocate Jaideep Gupta, representing the RBI, has said “the Section does not
talk about the process of initiation. It only says that the process will not end without the last
two steps outlined in it…” He also said, “We (RBI) gave the recommendation…”
On the argument about previous demonetisation decisions, Gupta said the RBI had not
agreed to the proposals, following which the earlier governments made the law. He also denied
any document being withheld from the court.
The central bank also pointed out that the quorum as determined by RBI General
Regulations, 1949, was met for the Central Board meeting. Besides the RBI Governor and
two Deputy Governors, five directors nominated under provisions of RBI Act were present, it
said. So, the requirement that three of them should be nominated under the law “is met”,
submitted Gupta.
In November this year, the government told the apex court that it began consultations
with the Reserve Bank in February 2016. “However, the process of the consultation and the
decision-making were kept confidential…The withdrawal… of a significant portion of total
currency value was a well-considered decision,” the Centre said in the affidavit.
A geopolitical look back at 2022

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Source: By K C Singh: The Free Press Journal

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The year 2022 ends in some ways as it began, with at least two obvious challenges. One
is the Ukraine war. Before Russia began its military campaign on Feb 24, at a Sino-Russian
summit a “no-limits” partnership was pledged. It is unknown if Chinese President Xi
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Jinpingrealised then that Russia was about to drag them into a protracted war against NATO.
The two leaders again had a tete-a-tete on Dec 30.
The second challenge is the Covid epidemic. The year began with the world finally
beginning to get a handle on the deadly disease as mass vaccination and herd immunity due
to exposure curbed its spread. China had been the outlier to this approach by using the trace-
and-lockdown method. But popular protests against draconian lockdowns and economic
slowdown due to supply-chain disruption forced the Chinese government to reverse course
in December. Thus, ironically, the last nation undergoing mass infections today is the one
from where the disease spread in late 2019.
These two developments — Covid and the Ukraine war — have shaped geopolitics
over the last two years. The war has gone horribly wrong for Russia as its anticipated quick
decapitation of the regime of President VolodymyrZelensky failed miserably. More than half of
the area occupied by Russia post-February has been recaptured by Ukraine. Disrupted
export of grains from Russia and Ukraine as well as supply of oil and gas by Russia has caused
global inflation in food and energy prices. At the end of 2022 the situation remains as grim as
at its start.
Inflation has caused chaos in many developing nations. The popular protests in Sri
Lanka upended the nepotistic stranglehold of the Rajapaksa clan on political power. Despite
the 22nd Constitutional Amendment in October, which curbs Presidential powers and
introduces anti-corruption safeguards, the nation remains unstable. Similarly in Pakistan,
populist-nationalist leader Imran Khan lost his Prime Ministership when economic chaos
led to his sponsors in the military turning against him and some supporting groups defecting.
The resulting churn is still ongoing and is unlikely to settle until the national elections in
the latter half of 2023. In Nepal a surprise outcome of the elections has been the post-election
coalition amongst formerly quarrelling rival communist parties. Consequently Pushpa Kamal
Dahal, also known as Prachanda, is now Prime Minister, after abandoning his electoral ally the
Nepali Congress.
Elsewhere in the world, the tussle between liberal democratic forces and right-leaning
populist-autocratic leaders has had mixed results in 2022. The Economist magazine writes
that “in much of the world liberal values are embattled”. In Brazil, the largest democracy in
Latin America, the right-leaning JairBolsonaro was defeated by left-of-centre former president
Luis Inacio Lula da Silva. In Italy on the other hand the radically right-wing GiorgiaMeloni’s
Brothers of Italy won power. In Israel the corruption-tainted former Prime Minister Benjamin
Netanyahu recaptured power with unsavoury extreme right-fringe elements as allies, who want
to expand settlements in the occupied West Bank. This raises the possibility of rising tensions
with not only Palestine but alsoneighbours like Jordan and Egypt with which Israel has peace
agreements.
All these developments can no longer be ignored, as India has the G20 presidency in
2023. Moreover, as the recent provocative intrusion by Chinese troops in the Tawang sector
indicates, national interests will be predominant, as the next Lok Sabha election is barely a year
away. Thus the latest China-Russia parleys at summit level assume significance. According
to President Putin the Sino-Russian relations are “a model of cooperation between major
powers in the 21st century”. He added that the two nations agree on the “causes, courses
and logic of the ongoing transformation of the geopolitical landscape”. Some may be discounted
as hyperbole needed to project that Russia is not diplomatically isolated. However, China’s
English mouthpiece the Global Times also warned that the US should not cheer Ukraine into
conflict. China is both concerned that the Ukraine war should not seriously impact its
relations with western nations, but also happy that it would keep Russia dependent on it for
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military and financial aid. The naming of the Chinese ambassador to the US as their next
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foreign minister recognises that China’s relations with the U.S. shall remain a priority.
For India’s G20 chairmanship to succeed, all these challenges must not become
hurdles. If the Ukraine war does not reach a ceasefire it is difficult to imagine how Western
leaders would attend if Putin shows up for the summit. Some are arguing that India could
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mediate, especially after PM Narendra Modi has spoken to the Ukrainian president. History
teaches us that wars do not end unless one side wins or both reach a point of exhaustion.
Neither appears likely before next summer. The danger also lurks that Chinese obduracy in
combating Covid via lockdowns, and now sudden relaxation, may allow the virus to mutate
dangerously. Thus, 2023 brings a mixture of hope and danger.
This age of anger needs a renewed push

for peace
Source: By ANDREW SHENG: The Statesman
The Ukraine War is such a horrible disaster that we must think seriously about how to
get back to peace and stability. Reading Roman history during the Christmas holidays, I was
struck by how the Romans were driven by almost perpetual war. Rome first consolidated
power during the Punic wars against Carthage, but the spoils of war in Gaul, Syria and Egypt
etc. became booty for aggressive consuls and generals like Julius Caesar to buy political
votes in Rome. Ultimately, the war machine corrupted the Republic (rule by citizens) to
Imperial status (rule by dictators). When domestic political decay occurred from corrupt elite
and discontented masses, the Roman empirecollapsed under the weight on invading
barbarians and its own debt. To Rome war was glorious, but it was paid by her unsung victims.
We are already on similar paths toward serious conflict. The 2022 Peace Research
Institute Oslo (PRIO) annual conflict study reported that in 2021, 54 state-based conflicts
occurred in 35 countries, with nearly 85,000 battle-related deaths. Since 1946, intra-state
conflicts outnumbered inter-state conflicts; battle-deaths have been increasing, as have inter-
state conflicts after the 1990s; with non-state players like crime cartels and terrorists playing
significant roles.
These symptoms all show up in the Ukraine war, with the complex internal civil
conflict between Catholic Ukrainians and Russian-speaking Ukrainians drawing in
intervention by the Great Powers.
Thus far, Great Power contestation is contained only by mutual fear of all-out nuclear
war. Whilst the outcome is unknown, the lines of that contest are becoming clearer. Unlike
1971, when the United States cleverly pulled China out of the Soviet camp, the Biden
administration is rallying allies through the North Atlantic Treaty Organisation(NATO), AUKUS
and Quad to try and contain Russia and China as existential threats.
Diplomacy is the art of negotiating through impossible conditions, in attempts to seek
peace. Today, traditional diplomacy is unrecognizable, as the other side is demonized and
every instrument is weaponized, from trade, finance, media to technology.
The old dictum of seeking peace by preparing for war does not mean that you go all out
to provoke each other at every opportunity. That path sacrifices truth, trust, and co-operation.
Global cooperation is vital to deal with universal threats such as climate warming, global
inequalities in health and wealth and failing states. Most global citizens prefer peace to cope
with their daily needs of food, health, security, and jobs.
Four megatrends today are converging towards global conflict. First,climate-related
natural disasters, like typhoons, droughts and floods are devastating poor countries that cannot
cope with the ensuing internal unrests. Their failures inevitably invite Great Power intervention.
Second, rising population in Africa and Latin America will push massive migration
outwards, increasing risks of border wars. Third, the world is splitting into energy blocs.
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Europe, Japan, China and India are short of energy, whilst America, Russia and Middle East are
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in surplus. As the US is today a competitor to Russia and the Middle East in oil and gas supplies,
these suppliers may not want to price oil and gas in US dollars. Energy wars are morphing into
currency wars. Fourth, these conflicts are turbo-charged by “Chip War”, since defense
capacities are increasingly determined by semi-conductors, computing power, artificial
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intelligence, crypto-technology, and manufacturing prowess. In short, we have moved from a

volatile, uncertain, complex, and ambiguous (VUCA) condition into a chaotic, accidental,
fragile, and emotional (CAFE) phase where nothing can be taken for granted. Chaos emerges
through the shift from unipolar to multipolar order, because no one is fully in charge.
Accidents matter, because in a situation of mistrust, every event becomes reason for suspicion
and tit-for-tat, escalating towards conflict. Fragility in social relations is spreading, as
democratic governments are fragmented by weak coalitions, whilst autocracies tighten control
to enforce their own legitimacy. The world is breaking into more and smaller states, with 193
UN members today, four times larger than 51 in 1945. In every country, internet social bubbles
are amplifying emotional reactions to disputes over ethnicity, identity, religion, and culture.
In this age of anger and anxiety, wiser statesmen should steer us towards peace and
rationality, rather than trying to divert that emotional energy towards war.
Unfortunately, few remember the UN Secretary General’s plea in March 2020 for a
global ceasefire to focus on fighting the pandemic: “now is the time for a new collective push
for peace and reconciliation.”
Christmas is a time for peace and goodwill to all. But the voices of those who advocate
peace and rational negotiations are drowned by accusations of being “appeasers” or friends
with the devil. Lulled by 77 years of peace and prosperity, a whole generation of current
leaders has forgotten that 40 to 50 million died in World War Two, on top of 20 million alone
in Europe during World War One.
With little sense of history or costs of war, this generation of leaders is glorifying war
as if it is a Hollywood movie. In a nuclear World War Three, there are no final victories, only
negotiated peace after total exhaustion or mutual annihilation. There is too much media Kool-
Aid that there will be victory for the morally right. Four centuries of colonialism told those
colonized that billions suffered humiliation, slavery and even genocide. Millions died, but billions
survived, outliving colonialism. War will not bring about a new international order, because
ultimately order cannot be domination by one victor, but a grand bargain between the many.
Democracy in a multipolar world means not universal rules enforced by one state or ideology
alone, but how we can live with each other, including conflict resolution. When the path to war
is ultimately nuclear annihilation, peace through negotiations, however painful and
humiliating for some, is the only chance for co-existence in a diverse world.
New-age firms fall due to old causes

Source: By Mohan Lavi: The Economic Times
The Public Company Accounting Oversight Board (PCAOB) in the United States took
birth courtesy Enron and WorldCom. In India, the Companies Act, 2013, was promulgated
thanks to Satyam and Sahara. The National Financial Reporting Authority (NFRA) was brought
to lifebecause of Punjab National Bank. What is obvious from the above is that whenever
there is an accounting ‘accident’, new legislation is enacted.
Continuing with that trend, it has been reported that the Securities and Exchange
Commission (SEC) in the US is looking closely at the work done by the auditors of crypto-
mining companiesafter the collapse of FTX. Questions are being raised about whether audit
firms have the necessary technical ability to audit such new-age companies. All of this has
prompted at least one audit firm to give up audits of crypto-mining companies.
In India, the RBI has always treated cryptos with a fair degree of scepticism. The
Companies Act already has a provision for companies to disclose their crypto transactions.
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The collapse of FTX has prompted many of these reactions. However, though FTX was
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a new-age company, its collapse was triggered by age-old corporate governance lapses --
greedy promoters, diversion of funds to related parties, donating to political representatives, and
a lack of internal controls over financial accounting and reporting.
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The financial statements of crypto companies contain only a few new items – ‘Digital
Assets’ appear on the balance sheet, the main source of revenue would be digital currency-
mining and hosting, revenue and the digital currencies would be revalued at the end of every
reporting period with the gains or losses hitting the profit or loss account.
Crypto-mining companies enter into contracts with mining pools and undertake the
performance obligation of providing computing power and transaction verification services to the
mining pool in exchange for non-cash consideration in the form of digital currencies. They
measure the non-cash consideration received at the fair market value of the digital currencies
received. Fair value is estimated on a daily basis as the quantity of digital currency received
multiplied by the spot price on the day it was received, and subsequently measured as an
intangible asset. Accounting standards across the world mandate testing of ‘Intangible Assets’
for impairment at least annually.
Regulators are concerned that crypto-mining companies do not have adequate reserves
matching their assets. This is a tall ask since most of these companies are funded by private
equity funds and the funding would be used for expenses and some investment in equipment.
Most of these companies are not profitable and hence the classic accountant’s entry of
transferring a portion of the profits to reserves every year would not be possible. Instead of
worrying about proof of reserves, regulators should get assurances about proof of funding.
To audit complex transactions such as cryptos, one would have thought that FTX would
engage with the best auditors. However, they chose two small firms that have had negative
comments issued on their work by the PCAOB. In 2019, the PCAOB published its private
comments about deficiencies in one of the firms’ overall quality-control processes related to its
2018 inspection because the firm hadn’t corrected the board within a year. This firm was also
the auditor for Lottery.com and issued an opinion for 2021. The lottery sales start-up reported
that it had overstated its available unrestricted cash balance by $30 million and improperly
recognised revenue. There was substantial doubt about its ability to continue as a going
concern. The audit firm resigned from its audit role this past September, right before a
class-action lawsuit was filed against Lottery.com’s executives.
FTX chose these auditors who would toe their line without asking too many questions
-- which suited their penchant for violating corporate governance norms. It would be futile
to blame the inadequacy of accounting or auditing standards for governance lapses – the blame
rests squarely on the auditors who did not follow them at all. At best, auditing standards can
be amended to fortify internal controls over financial reporting.
All existing accounting and auditing standards would apply to crypto companies.
However, considering the unique nature of their business, accounting regulators across the
world would come out with some guidance on accounting and auditing such companies. It
would not take much time or effort for auditors to understand the nuances of the business
of crypto companies. Audit reports these days have enough space for auditors to tell it as it
is. Corporate governance norms provide enough ammunition to companies to tread the
right path. If companies collapse despite this, it could be only due to two reasons – deliberate
flouting of governance and disclosure norms or sheer ignorance.
NATO should renew its commitment

Source: By HamzaKarčić: Aljazeera
On December 10, ethnic Serbs started setting up roadblocks in northern Kosovo,
near the Serbian border, to protest against the arrest of an ethnic Serb former police officer. The
situation soon escalated into a dangerous standoff between Kosovo and Serbia, with
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Pristina calling on NATO-led international peacekeeping forces in Kosovo (KFOR) to

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intervene, and Belgrade announcing its army was on “the highest level of combat readiness”
due to tensions at the border.
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After holding talks with Serbia’s President AlexandarVucic, and receiving guarantees
from Kosovo’s Western partners that they would not face arrest over the incident, the
protesters eventually started dismantling the roadblocks on December 29.
With the end of roadblocks and the reopening of border crossings, the crisis appeared
to come to an end. But the escalation in December was not the first incident that almost
pushed Serbia and Kosovo into open conflict and it is highly unlikely to be the last.
The fragile relationship between the two neighboring countries has been on the verge
of collapse since last summer, when Kosovo’s government started taking steps to exercise
sovereignty over the country’s entire territory.
At the end of July, the government of Albin Kurti demanded all citizens of Kosovo –
including ethnic Serbs who refuse to recognise Pristina’s authority and still consider
themselves a part of Serbia – start carrying IDs and using licenceplates issued by Kosovo. In
response, ethnic Serbs in the north barricaded roads and threatened violence, leading KFOR
forces to start patrolling the streets in the region. A few days later, following mediation by the
European Union and the United States, Pristina and Belgrade reached a deal on ID
documents but left the issue of licence plates to be resolved at a later date. In November, after
months of protests, occasional clashes, and even mass resignations by ethnic Serb state
employees, the licence plate issue was finally resolved with the signing of a deal that required
Serbia to stop issuing licence plates with markings indicating Kosovo cities and Kosovo to
cease its demands for re-registration of vehicles carrying Serbian plates.
The latest standoff at the borders came just a few weeks after this landmark deal,
demonstrating that the tensions between Kosovo and Serbia are chronic, and will not be
truly resolved until mutual recognition is achieved.
Indeed, recent escalations between Serbia and Kosovo have followed a clear pattern.
Kosovo attempts to exercise sovereignty over its whole territory; Belgrade responds by
stoking unrest using the ethnic Serbs in the north as its proxies. The EU steps in, brokers a
deal and stops the unrest from escalating into a cross-border conflict. Then the cycle is
repeated.
All this shows that the recurring tensions between Serbia and Kosovo, and between
Kosovo and its ethnic Serb citizens in the north of the country, actually have little to do with
practicalities of governance such as licence plates, and everything to do with one core issue:
Kosovo’s independence.
Almost a quarter of a century ago, NATO responded to the brutal violence perpetrated
by Serbia in Kosovo by undertaking a humanitarian intervention, defeating Serbian strongman
Slobodan Milosevic’s troops and forcing them to withdraw from Kosovo. Since then, Kosovo
has been working hard to build itself up as a state and in 2008 officially declared its
independence from Serbia. In the years since, more than 100 countries recognised it as an
independent nation and it joined several international institutions, such as the World Bank
and the IMF. In 2010, the International Court of Justice ruled Kosovo’s declaration of
independence legal.
Serbia never accepted this new state of affairs and tried to undermine Kosovo’s
sovereignty at every opportunity since 2008.
In 2013, Kosovo’s then-Prime Minister HashimThaci and Serbia’s then-President
IvicaDacic signed an agreement hammered in Brussels to try and normalise relations between
the two nations. In the hopes of preventing ethnic grievancesfrom hindering peace in the
region, the agreement detailed conditions for large-scale devolution of northern Kosovo and
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its majority ethnic Serb population.

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Nearly a decade has passed since the signing of this “historic” deal, but as the events
since last summer demonstrate, normalisation is still proving elusive. Furthermore, there
are fears that this agreement itself may pave the way for the next standoff between Serbia
and Kosovo.
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The 2013 agreement provided for the merger of the four Serb municipalities in the
north – North Mitrovica, Zvecan, ZubinPotok and Leposavic – into an “Association of Serbian
Municipalities” that would have extensive powers over economic development, education,
healthcare and town planning in Serb-majority areas of Kosovo.
Now that IDs, licence plates, and barricades are out of the way, Belgrade is focusing
on ensuring the swift formation of this association. Pristina, however, is sceptical of the
purpose and supposed utility of such a move. In November 2015, the government of Kosovo
froze its plans to establish the association, drawing accusations from Dacic that it is “threatening
regional stability”. A few months later, the Constitutional Court of Kosovo declared parts of
the 2013 deal, including the point on the municipality association “unconstitutional”.
While Belgrade, with support from the EU and US, has long been agitating for the
reinstatement of the project, the current Kurti government seems determined not to allow the
establishment of an Association of Serb Municipalities. In an interview with Al Jazeera Balkans
in late August 2022, Kurti drew attention to similar ethnicity-based municipality communities
that embarked on a separatist project in Bosnia and Herzegovina in 1992, expressing concern
that an Association of Serb Municipalities could function as Kosovo’s own RepublikaSrpska – an
“autonomous” political entity loyal to Belgrade that is powerful enough to hinder the functioning
of the state.
The events of the past few months, coupled with the ongoing back and forth over the
possible formation of a Serbian municipality community indicate we will likely witness many
more cycles of escalation between Kosovo and Serbia in the new year.
But is there a feasible path to normalisation?
There is a Franco-German plan under way that proposes to facilitate Serbia’s quick
accession to the EU in exchange for recognition of Kosovo’s independence. Kurti is
reportedly in favour of the plan. Serbia’s Vucic, however, already declared that such an
exchange is unacceptable for his country.
With the EU’s primary plan to resolve Kosovo-Serbia tensions unlikely to deliver swift
results, Pristina appears to be looking at Washington for any possible remedies to its Serbia
problem. But the US, focussed on Russia’s war in Ukraine and its repercussions, also appears
unable to draw an easy path for normalisation. Furthermore, as Kurti recently warned NATO
countries, there is a risk that Russia may flame tensions between its regional ally Serbia
and Western-oriented Kosovo, either to move attention away from his failures in Ukraine,
or to distract NATO counties with yet another European conflict.
Of course, all diplomatic efforts to achieve normalisationbetween Serbia and Kosovo
should continue, but there is little hope that Serbia will accept Kosovo’s independence and
start respecting its sovereignty anytime soon. Given the expectation of continuing strife
between the two neighboring states, three policy steps should be taken to enhance Kosovo’s
security.
First, NATO’s presence in Kosovo should be beefed up. With 3,800 soldiers, KFOR is
already a formidable force and a pillar of Kosovo’s stability. But by increasing troop numbers,
NATO can send a strong message to Serbia, Russia and the world regarding its commitment to
the region and to Kosovo’s viability as an independent state.
Second, the US should boost its support – in terms of both equipment and training – for
Kosovo’s police force. While KFOR is useful now, in the long term, only a strong national police
force can ensure the stability of the country and the security of all its citizens.
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Third, Kosovo should be put on a fast track to NATO admission. Kosovo is a reliable
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pro-Western partner in Southeast Europe and NATO already invested significantly in the
country’s security. Only NATO membership can ensure that it does not end up in a power
vacuum and enter into active conflict with Serbia.
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More than two decades after the NATO intervention and almost 15 years after
Kosovo’s declaration of independence, Belgrade is still refusing to recognise the facts on the
ground and accept Kosovo’s sovereignty. If Pristina’s Western allies are serious about keeping
peace in the region, they should renew their commitment to Kosovo before it is too late.
Practice 1. Government decision to demonetize currency notes in 2016, has been

upheld by apex court has put to rest the resistance by certain
question for
quarters. Critically Analyze. What are the objectives behind the
Mains demonetization?
2. International order in present time poses unprecedented challenge,
India has to navigate difficult terrain as it assumes G20 presidency.
Evaluate. What steps India should take on its border issue with China
and neighbors grappling with economic meltdown?
3. Auditing crypto companies requires strengthening auditing standards
as well as corporate governance rules, due to the complex nature of
the work. Examine. What are the challenges posed by crypto-
currencies?
4. World War fought in past had brought great devastation, but in
present time it can wipe out whole living beings. Discuss. What are
the major irritants in present global order that can cause conflicts?
5. As world is reeling with Russia-Ukraine conflict; countries should fast
track to avoid another war between Serbia-Kosovo. Elucidate.
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Editorial Series
India’s global ambitions
Source: By Sankalp Gurjar: Deccan Herald
Nepal recently held its general elections, and a new ruling coalition has formed the
government. The two Left parties are playing a dominant role in the new dispensation. The
return of KP Sharma Oli and his anti-India politics should worry India. The developments in
Nepal are indicative of a larger challenge that India will face in 2023 — the struggle between
India’s global ambitions and the regional challenges. No country has escaped this dilemma.
This year, India is hosting two major, multi-national summits. In September, India will
host the summit of the 20 largest global economies. It will be an opportunity to project India
on the global stage. Vague foreign policy goals such as ‘status’ and ‘prestige’ will be at the
heart of the entire G20 effort. This year India will also host the Shanghai Cooperation
Organization (SCO) summit. The SCO is primarily a security-driven organisation of key
Eurasian countries, including Pakistan and China. The two summits will see a flurry of
diplomatic activity centered on India. Meanwhile, India’s neighbourhood challenges remain,
and some are likely to intensify consuming considerable political energies.
Afghanistan under the Taliban is regressing ever backward, and the humanitarian crisis
in that country is set to deepen even further. The escalating tensions between Pakistan and
Afghanistan over the activities of Tehreek-e-Taliban Pakistan (TTP) will test the political and
military willingness of Islamabad in a year when Pakistan is going to the polls. The Pakistani
establishment, which has lost credibility at home, may seek to divert attention away from
the domestic turbulence and thus troubled relationship with the Taliban.
In Nepal, the debate between the United States-led Indo-Pacific strategy and China’s
Belt and Road Initiative (BRI) has intensified. Ideally, India would have liked to see continuity
in Nepalese politics with Sher Bahadur Deuba of the Nepali Congress remaining in power.
However, it might take time for New Delhi to ease in with the new dispensation. Beijing’s
influence in Kathmandu could upset New Delhi’s regional calculations.
Apart from Pakistan, India's three key neighbours: Bhutan, Maldives, and Bangladesh
go to polls this year. In Maldives, and Bangladesh, the ruling, pro-India governments are
staring at significant political challenges. In Bangladesh, Sheikh Hasina of the Awami League
has been in power for the last 15 years, and the growing domestic discontent along with anti-
incumbency is a major factor. In Maldives, anti-India elements have been showing signs of
revival and will pose tough challenges to the regime of Ibrahim Solih in the elections.
For India, China is an elephant in the room in Maldivian and Bhutanese elections.
India was forced to deal with a pro-China regime in Maldives prior to the 2018 elections. With
the growing forays of China's Navy in the Indian Ocean, Maldivian elections have assumed
considerable strategic importance.
Bhutan is carefully watching Chinese assertiveness along the India-China frontier.
Bhutan too has a border dispute with China, and the tiny Himalayan country signed a three-
step road map in 2021 to resolve the border issue. The latest skirmish in Tawang was seen
as a military and political message by China to India. Bhutan is a western neighbour of
Tawang, and the continuous Chinese pressure is a strategic reality for Bhutan. Amidst the
shadow of India-China border tensions, Bhutan will go to the polls.
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In the Indian Ocean, Sri Lanka is still in the grips of a deep economic and political
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crisis. Although India’s assistance was critical for Sri Lanka to tide over the crisis, the
impulse to balance India with China remains strong in Colombo. Sri Lanka played host to the
Chinese spy ships in 2022 even as Colombo looked to India for support. For India, the stability
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in Sri Lanka is a double-edged sword as it will grant the regime in Colombo significant strategic
leverage for manuevering between India and China.
Besides, the domestic crisis in Myanmar since the coup in February 2021 shows no
signs of easing. The regime remains isolated and at war with its own people. India is
comfortable dealing with the ruling military junta, however, it must mitigate the fallout of
the crisis in Myanmar including the rising challenge of drugs and weapons trafficking through
its North-Eastern states. Besides, the ripple effects of the Russian invasion of Ukraine will
continue to be felt across the world including in India. There is no option but to deal with these
challenges.
Therefore, 2023 will test India as it will have to navigate its lofty global ambitions
amidst the deepening regional security challenges.
Remote voting for migrant workers

Source: By Arjun Sengupta: The Indian Express
The Election Commission (EC) on 29 December 2022 announced that it is ready to pilot
remote voting for domestic migrants, so they don’t have to travel back to their home states
to vote. This comes on the back of EC’s acknowledgement of migration-based
disenfranchisement. In a statement to the press, the EC said it hopes that through this move,
it will be able to boost voter turnout and strengthen India’s democratic process.
In its statement, the commission said that it has developed a prototype for a Multi-
Constituency Remote Electronic Voting Machine (RVM) that can handle multiple
constituencies from a single remote polling booth.
The EC has invited all recognised eight national and 57 state political parties on 16
January to demonstrate the functioning of the RVM and has asked for their written views by
31 January.
The problem: migration-based disenfranchisement
While registered voters do not end up voting for a variety of reasons, domestic
migration is a major contributor in the Indian context.
As per the 2011 census (the numbers will have risen since then), there are nearly 45.36
crore migrants in India (both intra and interstate) – amounting to approximately 37 per
cent of the country’s population. Migration can be driven by a variety of different reasons from
marriage to natural disaster to
employment.
According to EC’s concept note for
RVMs, “voters who are absent from their
home locations on the day of polling, even if
they wish to vote, are unable to travel to vote
due to various reasons.” This means that
there is a large chunk of the population
which is denied its franchise due to
exigencies of work or lack of resources to
travel. This goes directly against the EC’s “No
voter left behind” goal.
The proposed solution: Remote EVMs
To further understand this issue, the EC had formed a “Committee of Officers on
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Domestic Migrants”, which submitted a report in late 2016 after considering various possible
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solutions such as internet voting, proxy voting, early voting and postal ballots for migrant
workers. However, all of these ideas were rejected due to reasons such as the lack of secrecy
of the vote, the lack of sanctity of one person one vote principle, issues of accessibility for
unlettered voters, etc.
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Thus, a technological solution was proposed which relies on the creation of a robust
electoral roll and identification mechanisms (to stop duplicate voting), and allow voters to
vote remotely, in a safe and controlled environment.
The RVM was developed with the assistance of Bharat Electronics Limited (BEL) and
the Electronics Corporation of India Limited (ECIL). It is based on the currently used EVM
system.
The technology: allowing voters from multiple constituency to vote using the same
machine
While details of the technology will be further elaborated in EC’s 16 January
demonstration, EC’s concept note gives a decent idea of what RVMs will look like. The RVMs
are “stand alone, non-networked systems,” effectively providing the voter the same experience
as currently used EVMs. They will be set up in remote locations outside the state under
similar conditions as current polling booths.
The unique feature of RVMs is that a single Remote Ballot Unit (RBU) will be able to
cater to multiple constituencies (as many as 72) by using a “dynamic ballot display board”
instead of the usual printed paper ballot sheet on EVMs. The Ballot Unit Overlay Display
(BUOD) will show the requisite candidates based on the constituency number read on the voter’s
Constituency card. A barcode scanning system will be used to read these cards.
The voting process will be as follows: after verifying a voter’s identity, their constituency
card will be read with a public display showing the constituency details and candidates. This
will also be displayed privately, on the BUOD in the RVM’s RBU. The voter will then vote and
each vote will be stored constituency-wise in the control unit of the voting machine. The VVPAT
system is expected to work along the same lines with the new technology.
Some important questions remain
The system has issues, some of which the EC has itself acknowledged.
First, migrants are not a uniform and defined class, with fluid identities, locations
and situations. In context of the transience of migration in India, the problem for the EC is
to create an inclusive definition of migrants which at the same time does not open the system
up to misuse. Are all migrant voters eligible? What is the duration that a migrant has to
stay outside home to qualify? The EC’s statement says that resolving this issue will “require
wider consultations with various legal and political stakeholders.”
Second, in the context of increasing questions being asked about technology-based
voting, how do RVMs enter the conversation? As various countries reject EVMs for paper-
based ballots, does this move have the potential to raise further questions on the sanctity of
the electoral process itself? While the EC claims that RVMs are as secure as currently used
EVMs, more technological components are bound to raise further questions.
Third, how does remote voting affect elections and campaigning? In a playing field
which is far from level, remote voting can theoretically provide an added edge to bigger
parties and richer candidates who can campaign across the constituency and beyond.
Gender equitable a distant dream

Source: By ARCHANA DATTA: The Statesman
I ran has erupted into a frenzy of protests once again with the rallying cries of ‘Women’,
‘Life, ‘Liberty’, in the aftermath of the custodial death of Mahsa Amini, a 22-yearold Kurdish-
Iranian woman, arrested by the Iranian morality police for violations of the ‘hijab code’.
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In 1983, Ayatollah Khomeini introduced mandatory hijab wearing for women and girls
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above the age of nine in public places. Over the years, Iranian women underwent several
restrictions, the latest being the government decree this year barring women’s entry into
government offices, banks and in public transport without a complete hijab.
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While the headquarters of the office for the promotion of virtues and prevention of vices,
with a renewed vigor embarked on facial recognition technology for tracking offenders, the
‘Morality Police’ took up increased patrolling, arrests and detentions. Under the Islamic
Constitution, women in Iran are subjected to a slew of discriminatory civil and criminal laws
which segregate them from men punish them disproportionately, and deprive them of equal
rights in personal freedom and family laws.
Domestic violence is not a crime in Iran, while marital rape is legal. In most of the
cases, victims of non-marital rapes are discouraged from reporting, and even if they venture
to do so, they are often slapped with charges like adultery, which is punishable with
execution. A US-based Iranian academic remarked that in ‘Iranian politics women’s body
played out differently at different times’.
In 1936, Reza Shah Pahlavi, stopped women from wearing the hijab which many believe
‘more to be in tune with the prevalent tradition and culture of the majority of women than
on any devout religious beliefs’, while the religious establishment considered it as a ‘blow to
its values and power’. With the establishment of an Islamic regime, women’s veil was
reimposed as a part of ‘Islamic identity’.
However, many religious scholars and theologists opined that Muslim religious writings
are not entirely clear on whether women should veil, some others are of the view that even if
it is mentioned in the Quran, it is more for separation and protection of women’s modesty.
Nevertheless, a 2020 survey in Iran disclosed that 58 per cent of the surveyed informed
that they don’t believe in the hijab altogether, around 72 per cent opposed the compulsory
hijab, while 15 per cent insist on legal obligation to wear the hijab in public.
“The present generation youth living in a securitized State with a crumbling economy,
isolated from the rest of the world, has had enough of it,” commented an Iranian affairs expert.
Many feel that the large number of killings and arrests signifies that the ongoing
demonstrations, in which, men have also joined, are now for a broader battle for serious political
changes, and not limited to fighting against the ‘gender apartheid’.
Are such flagrant violations of women’s bodily rights restricted to Iran alone? No,
they are not. In post Roe America, women are also up in arms with slogans like ‘My body, my
choice’, ‘Bans off our bodies’ et al. Many legal analysts commented that the US government
regulates women more than guns, as the SC while striking down the 100-year-old New York
gun restrictions, immediately after the Roe decisions, interdicted the States from legislating
their own gun laws, whereas in overturning Roe, it allowed States to enact abortion
restrictions. Abortion care is now unavailable in 14 States.
Further, states like Oklahoma, Missouri, Arkansas, Ohio, and South Dakota are coming
up with stricter abortion bans. Notwithstanding, pro-life conservatives are not happy with
the enforcement of the restrictions, and are demanding more digital surveillance. Texas is
framing a law that would require internet providers to block all abortion pill websites.
Moreover, some research studies reported about “gross gender bias in medicineand that
reproductive health conditions are commonly ignored.” Nevertheless, this year’s midterm
elections showed some pro-choice gains, and Democrats could score critical wins in Michigan,
California, Pennsylvania and also in red States like Kentucky and Montana.
While President Biden has been limited in his ability to protect abortion access, women
in the oldest democracy await the outcome of the 2024 Presidential elections, critical for
restoration of universal abortion care. Looking at India, about 30 per cent of women, 31.6
per cent urban and 24.2 per cent rural, in the world’s largest democracy, reportedly, have
been victims of physical, emotional or sexual abuse within the four walls of their homes, mostly
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by their intimate partners, and a large number of such cases (77 per cent) remain unreported,
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mainly, for fear of victimblaming (NFHS-5).

India is not among the fifty countries which have outlawed marital rape. In 21st
century India, internalised patriarchy, conservative societal norms and deeply ingrained
gender favouritism still condition women’s behaviour like what to wear, where to go or whom to
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marry, etc. No wonder that an actress’s outfit has recently created a political storm, while
the growing vigilantism against ‘love jihad’ reflects a new trend in ‘gender governance’.
The nations of the world under the aegis of the United Nations pledged to turn the
world genderequitable by 2030′. Nevertheless, this year’s Global Goalkeepers report belied
any such hopes, and that it is not likely to be reached until at least 2108. As many women’s
rights protagonists contend, it is discriminatory social norms that perpetuate systemic
gender imbalance. Global efforts must counter such regressive trends, both in policy
framework and implementation process, by involving multiple actors from community
leaders and civil society to governments.
Demonetisation is delegated legislation

Source: By Khadija Khan: The Indian Express
In upholding the Centre’s 2016 decision on demonetisation, one of the key questions
to decide for the Supreme Court was whether Parliament gave excessive powers to the
Centre under the law to demonetise currency. While the majority ruling upheld the validity
of the delegated legislation, the dissenting verdict noted that excessive delegation of power
is arbitrary. What is delegated legislation?
What is delegated legislation?
Parliament routinely delegates certain functions to authorities established by law since
every aspect cannot be dealt with directly by the law makers themselves. This delegation
of powers is noted in statutes, which are commonly referred to as delegated legislations.
The delegated legislation would specify operational details, giving power to those
executing the details. Regulations and by-laws under legislations are classic examples of
delegated legislation.
A 1973 Supreme Court ruling explains the concept as: “The practice of empowering
the Executive to make subordinate legislation within a prescribed sphere has evolved out of
practical necessity and pragmatic needs of a modern welfare State. At the same time it
has to be borne in mind that our Constitution-makers have entrusted the power of legislation
to the representatives of the people, so that the said power may be exercised not only in the
name of the people but also by the people speaking through their representatives. The role
against excessive delegation of legislative authority flows from and is a necessary postulate
of the sovereignty of the people.”
What was the delegation of power in the demonetisation case?
Section 26(2) of the Reserve Bank of India Act, 1934 essentially gives powers to the
Centre to notify that a particular denomination of currency ceases to be legal tender.
The provision reads: “On recommendation of the Central Board the Central Government
may, by notification in the Gazette of India, declare that, with effect from such date as may
be specified in the notification, any series of bank notes of any denomination shall cease to
be legal tender.”
Here, Parliament, which enacted the RBI Act, is essentially delegating the power to alter
the nature of legal tender to the central government. The Centre exercised that power by
issuing a gazette notification, which is essentially the legislative basis for the demonetisation
exercise.
Why was this challenged?
The petitioner’s challenge was this: “In the event that Section 26(2) is held to permit
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demonetization, does it suffer from excessive delegation of legislative power thereby

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rendering it ultra vires the Constitution?”

The Constitution gives law-making powers to the Parliament. While operational aspects
can be delegated to statutory bodies, essential powers cannot be delegated. Also, the
delegation must be with sufficient guidelines on how the power can be used.
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The petitioners in the demonetisation case argued that since Section 26(2) contains
no policy guidelines on how the Centre can exercise its powers, it is arbitrary and therefore,
unconstitutional.
Why is excessive delegation power an issue?
A 1959 landmark ruling in Hamdard Dawakhana v Union of India, the Supreme Court
had struck down delegation of powers on the grounds that it was vague.
“The question for decision then is, is the delegation constitutional in that the
administrative authority has been supplied with proper guidance. In our view the words
impugned are vague. Parliament has established no criteria, no standards and has not
prescribed any principle on which a particular disease or condition is to be specified in the
Schedule. It is not stated what facts or circumstances are to be taken into consideration to
include a particular condition or disease,” the Court had said.
The Court applies the “policy and guideline” test to decide the constitutionality of the
delegated legislation.
The Attorney General for India argued that the RBI Act itself has guidance for exercise
of delegated powers. He cited the Preamble and Section 3 of the Act as guidance on the
purpose of the law and the Centre’s role in “regulating” monetary policy.
Section 3 deals with establishment and incorporation of Reserve Bank.
What did the Court decide?
The majority verdict held that since the delegation of power is to the Centre which is
anyway answerable to the Parliament, the delegation power cannot be struck down.
“In case the Executive does not act reasonably while exercising its power of delegated
legislation, it is responsible to Parliament who are elected representatives of the citizens for
whom there exists a democratic method of bringing to book the elected representatives who
act unreasonably in such matters,” the court said.
The dissenting opinion, however, disagreed with this view. First, Justice BV
Nagarathna held that Centre could not have exercised its delegated powers because Section
26(2) of the RBI only gives powers to the Centre when the recommendation is “initiated” by the
RBI Central Board.
From a reading of the record presented by the Centre, the judge held that it is clear that
the proposal originated from the Centre and therefore the Centre could not have drawn its
powers to demonetise from Section 26(2).
The dissenting view also held that, even if the Centre has the power under Section 26(2)
allowing for demonetisation of “any” notes is a vast power that is arbitrary and therefore
unconstitutional.
“The Central Government in its wisdom may also initiate the process of demonetisation
as has been done in the instant case. But what is important and to be noted is that the said
power cannot be exercised by the mere issuance of an executive notification in the Gazette
of India. In other words, when the proposal to demonetise any currency note is initiated by the
Central Government with or without the concurrence of the Central Board of the Bank, it is not
an exercise of the executive power of the Central Government under subsection (2) of Section 26
of the Act. In such a situation, as already held, the Central Government would have to resort
to the legislative process by initiating a plenary legislation in the Parliament,” the
dissenting opinion stated.
Justice Nagarathna emphasised that demonetisation of all series of notes, at the
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instance of the central government, is far more serious than the demonetisation of particular
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series by the bank, mandating the need for legislation as opposed to an executive action.
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Why putting off census?

Source: By SHANKER ARNIMESH: The Print
Since 1881, census has been held every 10 years in the country. However, for the first
time in its almost 150-year history, there is no clarity on when the exercise of compiling
and analyzing demographic, social, and economic data of the population will be held next. The
last census was held in 2011.
The latest exercise should have been held in 2021 but was postponed due to Covid.
Now, according to a 2 January letter by the Registrar General and Census Commissioner to
the states, the date for sealing of administrative boundaries — a step towards starting census
work — was extended till 30 June.
Actual work of census can begin only three months after the boundaries are sealed.
During the three-month period, the states have to submit to the Registrar General of India (RGI)
the data regarding changes in notified districts, tehsil town, police station, panchayat etc.
Going by the RGI’s letter, census work can begin only in September.
However, Rajasthan and Chhattisgarh will go to elections that month. With the
administrative staff getting busy with the 2024 Lok Sabha elections after that, the chances
of the census being held next year also appear slim.
Also, the census work has to be preceded by the work of National Population Register
(NPR) which itself is a precursor to the creation of the National Register of Citizens (NRC).
Both NPR and NRC created controversy in 2019 in the wake of the passage of the
Citizenship Amendment Act (CAA). The work of listing of houses and updating of the NPR,
which was to be done from 1 April to 30 September, 2020, was postponed due to Covid. The
date has been extended five times since.
Now that the Covid situation has improved, questions are being raised on the intention
of the government for postponing the census.
Why census data is important
“According to the 2011 Census, India’s population is 121 crore of which 80 crore people
are getting food grains under the Food Security Act. But according to an estimated population
of 2020, this figure has increased to 137 crore. (This means that) over 10 crore poor people
will be deprived of food security if the census is not done,” economist and social activist Jean
Dreze.
“Data on economic affluence, literacy level, urbanisation, migration, new births, and
deaths can be derived from the census data. All these are used to implement government
schemes and to provide benefits of schemes to the poor. But for want of fresh data, the
deprived sections of the society will continue to be deprived.
On how using old data can be detrimental, take the case of the 15th Finance
Commission which was formed in 2017. The commission has been making allocations to
states on the basis of the 2011 Census data. With the numbers likely to have changed since
2011, the states may be deprived of funds and, thus, fail to meet their development goals.
India’s former chief statistician Pronab Sen explained how the delay could hurt work
in the future. Census is primary data. If the primary data itself is out of date, there will be a
flaw in the result of the sample survey…Why the government is postponing it is beyond my
understanding…not only the census, but the rest of the survey data also do not come on time
or are issued late, due to which questions can be raised on the credibility of our data.
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The data provides answers to questions like how many people have come out of poverty
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or have become poorer, or if the number of migrant citizens has increased, he added.
“The census report itself may take two-three years after the exercise. So it is not
necessary that the government is postponing the census for fear of what numbers it may
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throw up. Maybe the government is wary due to the initial opposition of NPR and NRC.
However, it can evade a political storm by keeping the NPR and the census separate.
G-20 a reason
According to government sources, there are political reasons for the delay in the
exercise as well. In September, India is hosting the G20 Summit. With over 200 meetings
involving international delegations in 50 cities, the government would not want the event against
the backdrop of protests by political parties over the issue of census. Political parties in Bihar
and Uttar Pradesh have already announced that if the caste census is not included in the
census, they will be forced to march to Delhi.
On the other hand, the Centre does not want a repeat of the embarrassment it faced
during the visit of then US President Donald Trump in February 2020 due to the CAA protests,
according to a source in the government.
No plan for OBC census
The government has no plan to count castes in the census, except for the Scheduled
Castes and Scheduled Tribes, which have been counted in every census since 1931,”
Minister of State for Home Nityanand Rai informed Parliament in 2021. “The government also
filed an affidavit in the Supreme Court, repeating the same thing that after 1931, castes have
not been enumerated in any census.”
It must be noted that during the United Progressive Alliance (UPA) rule, the
government was not in favour of an OBC census but gave in to pressure from allies and the
Bharatiya Janata Party (BJP), then in opposition. It held a socio-economic backward census
beside the census but the report was not released. Back then, the BJP pressured the government
to include caste count in the census.
Meanwhile, despite the Modi government’s refusal for such a census, regional parties
feel that one way to tackle the politics of Hindutva could be to demand more OBC
reservation — which is why Bihar Chief Minister Nitish Kumar is doing a caste survey while the
Bhupesh Baghel government passed two bills in December, raising the reservation quota in
Chhattisgarh.
Practice 1. India will have to navigate troubled neighbors and border skirmish
with China, while holding lofty ambitions at global stage. Evaluate.
question for
2. Internal migration is huge, due to which many people are unable to
Mains cast their vote. In this context, Remote Voting Machines (RVMs) is the
solution. Critically Examine.
3. Countries around the world making efforts for gender empowerment,
equal rights for both genders, yet in recent time discrimination flare
up. Critically Examine. What steps are taken in India for fighting this
discrimination?
4. Discuss delegated powers in the context of government demonetizing
currency notes. What is the need and purpose it serves?
5. Census is very vital part, which provides direction to government in
carrying out activities in a welfare state. Elucidate. What are the
ramifications of not carrying census on time?
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EDITORIAL SERIES (23 JAN 2023)
ASER 2022
Source: By Rukmini Banerji: The Indian Express
Since 2005, ASERs survey children in the age group of 6 to 14 to record trends in
school enrollment, attendance, and reading and arithmetic abilities. This year, nearly 7
lakh children across 616 districts were surveyed.
How has school enrollment been affected in the pandemic years?
Enrollment has gone up even in a period when schools were shut, and we were already
at very high levels before. It has risen further, including for older age groups, even though
there was a fear that older
girls, especially, may drop out.
And then there is a big
shift to government schools. I
think we’ll need more analysis on
what that means. Maybe it is
temporary, but overwhelmingly,
the voice of 7 lakh children and
their families is that it is good to
be back in school.
That carries with it both a
kind of momentum and a
responsibility. Now that the
students are there, we have to
make sure their attendance
rises. Attendance patterns
haven’t changed very much as schools have opened and there is a huge variation in
attendance across the country. We need to break those patterns.
Have improvements in facilities like midday meals, toilets, etc. contributed to the
increased enrollment?
Over time, there has been an improvement in infrastructure variables. I think systems
do that as a matter of course. I feel that the issue of enrollments is coming potentially from
the fact that during Covid, the rural private schools couldn’t do much because their own
economy was very fragile. But being attached to the State, government schools distributed
textbooks, they often distributed midday meals. The teachers were able to reach out in some
form or fashion. So I think that there is a pull factor.
And from our usual experience, it is also the case that maybe family incomes have
been hit, but everybody still believes that schooling must happen. I think that parental
involvement and interest in
education should be leveraged.
What could the
corresponding increase in
private tuition mean?
The reason private
tuition went up is probably
that it is more flexible. You
could probably negotiate
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better with the provider that

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this month I don’t have money,

but next month I will. And so
parents felt that schools are
closed, we are not sure when
they will open, but we need to
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get some extra help. In a way, I feel you can think about this as a local organising. Tuition can
mean many things, but I’m saying it is also a function of parents wanting more for their
children and going wherever possible to get it.
What is the trend on foundational skills, emphasised in the National Education Policy of
2020?
We go to various schools and ask questions about infrastructure. We asked whether, given
schemes like National Initiative for Proficiency in Reading with Understanding and
Numeracy (NIPUN) Bharat and Foundational Literacy and Numeracy (FLN) mission, have
you received any guidelines and has any teacher been trained? Almost 80 per cent of the
schools reported that we have received guidelines and teachers have been trained. This
means that the seriousness with which governments are also sort of pushing on NIPUN Bharat
is quite high. It makes the case for how to keep the momentum going.
There is a decline in learning levels since 2018, but again it varies across the country.
And strangely — we have to understand from experts — why the drop in reading is more than
in math. Is it because math, especially at such a basic level, is used by people much more?
It’s hard to say, but we can see that recovery is possible.
The big point that I think would be useful to emphasise is that let us say NIPUN Bharat’s
goals are that every child by Class three is at grade level, which means they can read or
can do basic arithmetic. The number of such children before Covid was around 30 per cent,
and now is somewhere for reading around 20 per cent and for math around 25-26 per cent.
What is the road ahead to improve these foundational skills?
In the past 10 years, we’ve seen improvement, but it has been in small bits. So it means
that we really need to shake up things. Therefore, what we are going to do as a school system,
as a family system, is to say that every year big jumps need to be taken. I think it is a critical
thing for improving the productivity of the country. Business as usual is not going to
work. Again, it’s not a new message, but it’s a message that needs to be reiterated. And perhaps
because of the new education policy and the fact that after Covid, I think everybody’s mentality
is slightly different, it is worth reinforcing.
I think an integration between the anganwadi system and the school system is
urgently needed because the work starts there. There are anganwadis everywhere and their
enrollment has gone up.
So how do we make sure that happens? The anganwadi system is generally less well-
funded, at least for the education part. And what about the kids who are past Class 4, 5
now? They too have undergone learning losses. There’s a case for a big catch-up to be done
there as well. In the next year’s plans, because most states will now go to their annual work
plans for the next year, I’m hoping that these points can be considered.
What’s Memorandum of Procedure?

Source: By APOORVA MANDHANI: The Print
Over the past few months, the tussle between the judiciary and the government over
the appointment of judges has intensified. In a letter to Chief Justice of India D.Y.
Chandrachud on 6 January, Union Law minister Kiren Rijiju suggested that government
nominees be involved in the decision-making process for shortlisting judges for the Supreme
Court and the high courts.
Rijiju suggested inclusion of a government representative in the “search-cum-
evaluation committee” that will provide inputs on “suitable candidates” to the appointment
panel or the Collegium. The letter said that the suggestion was being made since the
finalization of the Memorandum of Procedure (MoP) regarding the appointment of judges is
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still “pending”.
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In an earlier letter, in August 2021, Rijiju had asked the Supreme Court to fine-tune
and supplement the existing MoP to formalize the appointment of ad-hoc judges.
But what is the Memorandum of Procedure? How was it framed and why did it need
a relook? Is the MoP finalised or is it still pending consideration?
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What is the MoP?

The MoP is the list of rules and procedures for the appointment of judges to the
Supreme Court and the high courts. It is a document framed by the government and the
judiciary together.
The procedure was evolved through three Supreme Court judgments that are popularly
known as the three judges cases. These are: SP Gupta v Union of India (1981), Supreme
Court Advocates-on-Record Association v Union of India (1993), and In re Special
Reference No. 1 of 1998. After these judgments, the Union government framed a MoP on 30
June 1999, for the appointment of judges and chief justices of the high courts and the Supreme
Court.
The current MoP, uploaded on the Department of Justice website, gives out the
detailed procedure for the appointment of Supreme Court and high court judges. For instance,
it says that all appointments of judges to the Supreme Court must be recommended by the
Collegium, composed of the Chief Justice of India and the four senior-most judges of the
Supreme Court. It also says that in doing so, the CJI would take into consideration the
views of the senior-most Supreme Court judge who comes from the same high court as the
recommended person. This recommendation is then sent to the central government. The law
minister will forward it to the prime minister, who is to advise the President on the
appointment.
Need for relook
The process for a relook at the MoP began after a five-judge bench of the Supreme Court
struck down the National Judicial Appointments Commission (NJAC), with a 4:1 majority in
October 2015. The NJAC was introduced to do away with the Collegium system, and instead
put together a six-member committee for appointing judges to the Supreme Court and the
high courts. Apart from the CJI and two senior-most judges of the Supreme Court, this
committee was also to have government representatives — the law minister and two
independent members.
While striking down the NJAC, the court had acknowledged that the MoP needs “fine-
tuning”. It had continued hearing the case even after the judgment was passed, “for steps
to be taken in the future to streamline the process and procedure of appointment of judges, to
make it more responsive to the needs of the people, to make it more transparent and in tune
with societal needs, and more particularly, to avoid a fifth judges case!”
In December 2015, it had said that the government may finalize the existing MoP “by
supplementing it in consultation with the Chief Justice of India”. It had asserted that the
CJI would take a decision on this revised MoP, based on the unanimous view of the
Collegium comprising the CJI and the four senior-most judges of the Supreme Court after
him.
A new opportunity
According to a December 2022 apex court order, the government sent a revised MoP to
the then CJI on 22 March 2016. The Supreme Court Collegium then sent the revised draft
of the MoP on 25 May 2016 and 1 July 2016. The order further says that the Collegium’s final
view was expressed in the MoP that was received by the government on 13 March 2017.
According to reports, this final view rejected every contentious clause sought to be inserted
in the new MoP, including a clause that the government should have the power to reject any
name for appointment as a judge of the high court for reasons of “national security”.
However, in a status report submitted to the Supreme Court on 7 December last year,
the central government highlighted a need to make “improvements” in the MoP. This was
after it referred to observations made by a seven-judge bench of the Supreme Court in a July
2017 judgment, laying down the reasons for convicting then Calcutta High Court judge
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Justice C.S. Karnan for contempt of court.

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In a separate but concurring opinion in this 2017 judgment, Justice Chelameswar —

writing for himself and Justice RanjanGogoi — had said that the case highlighted “the need
to revisit the process of selection and appointment of judges to the constitutional courts”. He
wrote that there was a “failure to make an assessment of the personality of the contemnor
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(Karnan) at the time of recommending his name for elevation”. The judges asserted that the
appropriate mechanism suitable for assessing the personality of a candidate being considered
for appointment to a constitutional court should be decided after a debate by all stakeholders
— the bar, the bench, the state and the civil society.
The December 2022 status report said that “the government was of the view that a new
opportunity has been created in view of the judgment dated 04.07.2017”, passed in the Justice
Karnan case.
Pending issue or final?
While the central government’s official stand is that the finalisation of the MoP is still
pending, the Supreme Court has made it clear that the current MoP is final.
A report presented by the Department-related Parliamentary standing committee on
personnel, public grievances, and law and justice to Parliament in December last year had
also commented on the issue. It said that the committee is “surprised to note that the Supreme
Court and the government have failed to reach a consensus on revision of the MoP for
appointment of judges to the constitutional courts, though the same is under consideration
of both for about seven years now”.
Rijiju’s latest letter also says that thefinalisation of the MoP for appointment of judges
is still “pending”.
However, during a hearing on 8 December last year, the Supreme Court told the central
government that the collegium system is the “law of the land” which should be “followed to
the T”. It had also made it clear that “the MoP is final”.
“This does not mean that if the government suggests some changes or improvements
in the MoP, that cannot be looked into but till that happens, the MoP as existing would
apply,” it added. The discussion came up during the hearing of a contempt petition against the
central government for breaching the timelines for judicial appointments.
Age of consent needs a relook

Source: By K B K Swamy: Deccan Herald
The Chief Justice of India, while delivering the keynote address at the inaugural two-
day session of the National Stakeholders Consultation on the Prevention of Children from
Sexual Offences (Pocso) Act, urged the parliament to reconsider the issue of “Age of
Consent” under the Act. He has highlighted the difficulties faced by judges in trial and
appellate courts in examining cases of consensual sex involving adolescents.
The United Nations formally defines “adolescence” as the period between 10 and 19
years of age and “young people” as between 10 and 24 years of age in the South-East Asia
Region.
The roots of the age of consent can be found in the 19th-century case of Phulmoni
Devi; a minor woman who married a man aged 35 at the age of 11 and died as her husband
allegedly forcibly consummated the marriage. The death of Phulmoni Devi, after she was brutally
raped by her husband, served as a catalyst for its legislation and the enactment of the Age
of Consent Act, 1891. Later, the husband was acquitted of the rape charge but found guiltyof
causing death by a rash and negligent act.
Over time, the age of consent has been increased by various laws in India and was 16
from 1940 until 2012, when the Pocso Act raised the age of consent to 18 years, one of the
highest ages globally.
A vast majority of countries set their ages in the range of 14 to 16 years. Children, as
young as, 14 are considered able to give consent to sex in Germany, Austria, Hungary, Italy,
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and Portugal.In England and Wales, it is 16 years. Countries such as Cyprus (17), Ireland
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(17), Turkey (18), and the Vatican (18) do not fit into this pattern. In 1880, the age of consent
was set at 10 or 12 in most of the states in the US. By 1920, 26 states had set it at 18, and
Georgia at 14.
Among Asian countries, Japan has set the age of consent at 13, though some
municipalities, such as Tokyo, prohibit sexual activity for people under the age of 18.
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In Bangladesh, Section 9(1) of the Women and Child Abuse Prevention Act, 2000,
defined rape as sexual intercourse with a woman with or without consent when she isunder 16
years of age.
The age of consent in Sri Lanka is 16 years, regardless of gender or sexual orientation.
(Girls belonging to Sri Lanka’s Moor and Malay minorities are allowed to marry after 12 years of
age and below 12 years with the approval of their religious leader.)
In comparison, India’s Child Marriage Prohibition Act, 2006, sets the age of marriage for
males and females at 21 and 18 years, respectively; population control is one of the reasons
for such a large gap in marriageable ages between boys and girls.
In India, the definition of “child” under various statutes also differs widely, resulting
in a conflict amongst various statutes.
According to Miranda Sawyer, a British journalist specialising in youth culture, “people
have sexual feelings from a very early age, considering that sex is a natural behaviour.” She
favours 12 years as the age of consent in the United Kingdom while calling the
criminalization of sexual activity under the age of 16 “laughably unrealistic.”
The Guardian reports, approximately half of the states in the US allow children under
the age of consent to marry with special permission, either from their parents or from a court.
Children as young as 10 were among the almost 2,50,000 US minors who got married
between 2000 and 2010.
In contrast, India’s Pocso Act, 2012, criminalises all sexual activities for those under
the age of 18 years, even if consent was factually present between two minors.
A study conducted by Enfold Proactive Health Trust, Bengaluru, found that 93.8% of
romantic cases tried under POCSO ended in acquittal after a period of 1.4 to 2.3 years from the
time of filing of the FIR to disposal by the court.
The Madras High Court recently stated that it is eagerly awaiting a reduction in the
age of consent under the Pocso Act from the current 18 years. In Vijaylakshmi vs. State, the
Madras HC questioned the wisdom of criminalising such acts.
In Sabari vs. Inspector of Police, the Madras HC held that “the court is concerned about
the growing incidence of offences under the Pocso Act on the one side and also the Rigours
Imprisonment envisaged in the Act. Sometimes it happens that such offences are slapped
against teenagers, who fall victim to the application of the Pocso Act at a young age without
understanding the implication of the severity of the enactment.”
A similar view was expressed in a criminal appeal (No: 100515/2021) by the Division
Bench of the Karnataka High Court. Justice SurajGovindaraj, speaking for the bench, stated
that “the Court has come across several cases relating to minor girls above the age of 16
who have fallen in love and eloped and, in the meantime, had sexual intercourse with the boy;
therefore, the Court was of the considered opinion that the Law Commission of India would
have to rethink on the age criteria, in order to take into consideration the ground realities.”
Under the guise of effective implementation of the Child Marriage Prohibition Act,
the bridegroom, his family members, and the minor bride’s parents are also prosecuted under
the Pocso Act for abetment of sexual offenses. Child marriages are performed in rural areas
due to lack of awareness, and other difficulties like poverty. Although the marriage is voidable
under law, the bride is given the choice to decide whether to continue or annul the marriage
once she attains majority.
As observed by the Karnataka HC, the way forward is comprehensive sex education to
help adolescents make informed decisions, as well as reforms to ensure access to sexual and
reproductive health services.
Given the circumstances, all stakeholders must reconsider the age of consent under
the Pocso Act, and this is why the call given by the CJI is significant.
China’s population falls

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Source: By Harish Damodaran: The Indian Express

China’s population, according to its National Bureau of Statistics, fell to 1,411.8
million in 2022, from 1,412.6 million in the previous year. An absolute decline in population
is a landmark event, for a country that is soon set to be surpassed — if it has not already —
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by India as home to the most number of people. India has not conducted an official
headcount Census after 2011. But going by the United Nations’ projections, its population
stood at 1,417.2 million in 2022 (more than China’s) and is expected to reach 1,428.6 million
in 2023.
The potential implications, especially economic, of China’s shrinking population and
India’s surging ahead, are huge. But the first question to ask is: what has been behind these
shifts? There are two primary drivers of population change.
China’s population shrinks: Mortality and fertility
A country’s population increases with reduction in mortality or relative number of
deaths. The population growth slows — and may even go into reverse, like it has now for China
— with declining fertility rates.
Mortality falls with increased education levels, public health and vaccination
programmes, access to food and
medical care, and provision of safe
drinking water and sanitation
facilities. The crude death rate (CDR) —
the number of persons dying per year
per 1,000 population — was 23.2 for
China and 22.2 for India in 1950. It fell
to single digits for China first in 1974
(to 9.5) and for India in 1994 (9.8), and
further to 7.3-7.4 for both in 2020.
Another mortality indicator is
life expectancy at birth. Between 1950 and 2020, it went up from 43.7 to 78.1 years for
China and from 41.7 to 70.1 years for India.
The total fertility rate (TFR) — the number of babies an average woman bears over
her lifetime — was as high as 5.8 for China and 5.7 for India in 1950. The TFR has fallen
sharply for India in the past three decades. Between 1992-93 and 2019-21, it came down from
3.4 to 2; the fall was especially significant in the rural areas.
A TFR of 2.1 is considered as “replacement-level fertility”. Simply understood, a woman
having two children replaces herself and her partner with two new lives. Since all infants
may not survive, the replacement TFR is taken at slightly above two.
The next question then is: If India’s TFR is already below-replacement, why is its
population still increasing? And how has China’s finally shrunk?
Sustained lows necessary
The TFR is the average number of births by women aged 15-49 based on surveys for
a particular period/year. Populations
can keep growing even with TFRs
falling. De-growth requires TFRs to
remain below replacement levels for
extended periods. The effects of that —
fewer children today becoming parents
tomorrow and procreating just as much
or less — may reflect only after a couple
of generations.
China’s TFR dipped below
replacement first in 1991, which was
almost 30 years before India’s. Recall
that the CDR decline below 10, too,
happened two decades earlier for China.
Not surprising, China’s population more
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than doubled from 544 million in 1950 to 1.1 billion in 1987 and peaked in 2021. It took over
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30 years for below-replacement fertility rates to translate into negative population growth.
Why China faces a crisis
China’s TFR, according to its 2020 Census, was 1.3 births per woman — marginally
up from the 1.2 in the 2010 and 2000 censuses, but way below the replacement rate of
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2.1. China officially ended its one-child policy, introduced in 1980, from 2016. But that’s
unlikely to stem the decline in the country’s population, which the UN has projected at 1,312.6
billion in 2050, a near 100 million drop from the 2021 peak.
The real crisis for China, however, is the decline in its population that is of prime
working age. If there is a large population that’s able to work and earn, not only will there be
relatively fewer people to support — those too old or too young — but also greater tax
revenues and savings potential from the generation of incomes. As these are directed to finance
investments, a virtuous cycle of growth is unleashed — as indeed it happened in China.
But that cycle has started to reverse, and the share of China’s working-age population
is projected to fall below 50% by 2045.
India’s opportunity
India has just begun seeing fertility rates fall to replacement levels, including in
rural areas. The latter has to do with the spread of education — and, perhaps, also farm
mechanisation and fragmentation of landholdings.
Reduced labour requirement in agricultural operations and smaller holdings make
it that much less necessary to have
large families working the land.
But even with fertility rate
declines, India’s population is
projected to expand and de-grow only
after touching 1.7 billion about 40
years from now. More important is the
working-age population: its share in
the overall population crossed 50%
only in 2007, and will peak at 57%
towards the mid-2030s.
Overall then, India has a
window of opportunity well into the
2040s for reaping its “demographic
dividend”, like China did from the late
1980s until up to 2015. However, this is entirely contingent upon the creation of meaningful
employment opportunities for a young population — in the absence of which, the demographic
dividend can well turn into a demographic nightmare.
1. What are the areas of concern of the recently released ASER 2022
Practice
report? Elucidate.
question for 2. Judiciary is one of the three pillars of our constitution, an amicable
Mains procedure for fair and transparent appointment of judges need to be
find out, to maintain independence of judiciary and people trust in
the system. Examine. What are the issues plaguing the Indian judicial
system?
3. Countries around the world has lower age of consent, a rethink in
India, under POSCO act is gaining voice inside judicial circle.
Critically analyze. What are the issues involved in decreasing the age
of consent and its ramifications on society in India?
4. China’s population, according to its National Bureau of Statistics, fell
to 1,411.8 million in 2022, from 1,412.6 million in the previous year.
How India situation is different? Discuss.
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EDITORAL: SERIES
India issued notice on the IWT
Source: By Harikishan Sharma: The Indian Express
New Delhi has issued notice to Islamabad seeking modification of the more than six-
decade-old Indus Waters Treaty (IWT) in view of Pakistan’s “intransigence” in implementing
it, government sources said on 27 January 2023.
What is this notice that India has sent?
The notice, sent on 25 January through the Commissioner for Indus Waters, will open
the process of making changes to the treaty, the sources said.
They said that the notice for modification was to provide Pakistan with an opportunity
to enter into intergovernmental negotiations within 90 days to rectify the material breach
of IWT. “This process would also update the IWT to incorporate the lessons learned over the
last 62 years,” a source said.
India has issued the notice to Pakistan under Article XII (3) of the IWT. “The provisions
of this Treaty may from time to time be modified by a duly ratified treaty concluded for that
purpose between the two Governments,” this provision states.
OK, but what is the Indus Waters Treaty?
The IWT was signed on 19 September 1960, by Prime Minister Jawaharlal Nehru and
Pakistan’s President Mohammed Ayub Khan in Karachi after nine years of World Bank-
brokered negotiations between India and Pakistan.
The treaty defines the water-sharing arrangement for six rivers of the Indus basin that
flow through both India and Pakistan. It has 12 Articles and 8 Annexures (from A to H).
As per the treaty’s provisions, India can make “unrestricted use” of all the water of the
“Eastern Rivers” — Sutlej, Beas, and Ravi — while Pakistan shall get water from the
“Western Rivers”, Indus, Jhelum, and Chenab.
https://images.indianexpress.com/2023/01/indus-water-sharing.jpg?resize=387,600
“All the waters of the Eastern Rivers shall be available for the unrestricted use of
India, except as otherwise expressly provided in this Article,” states Article II (1) of the treaty.
The Article III (1) which has provisions related to the Western Rivers, states, “Pakistan
shall receive for unrestricted use all those waters of the Western Rivers which India is
under obligation to let flow under the provisions of Paragraph (2).”
Despite periodic suggestions in India about scrapping the IWT given Pakistan’s
continued support to terrorism against India, the treaty has been a durable document that has
survived three wars and decades of tensions.
So what is the dispute in this case?

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India is constructing two hydroelectric power projects (HEPs) — the Kishenganga

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HEP on the Kishenganga, a tributary of the Jhelum — and the Ratle HEP on the Chenab.
Pakistan has objected to these projects.
According to sources, in 2015, Pakistan asked that a Neutral Expert should be
appointed to examine its technical objections to the Kishenganga and Ratle HEPs. But the
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following year, Pakistan unilaterally retracted this request, and proposed that a Court of
Arbitration should adjudicate on its objections.
Sources said that this unilateral action by Pakistan is in contravention of the graded
mechanism of dispute settlement envisaged by Article IX of IWT. Accordingly, India made a
separate request for the matter to be referred to a Neutral Expert.
Sources said that the initiation of two simultaneous processes on the same questions
and the potential of their inconsistent or contradictory outcomes creates an unprecedented and
legally untenable situation, which risks endangering the IWT itself.
The World Bank acknowledged this in 2016, and took a decision to “pause” the
initiation of two parallel processes, and to request India and Pakistan to seek an amicable way
out.
Despite repeated efforts by India to find a mutually agreeable way forward however,
Pakistan refused to discuss the issue during the five meetings of the Permanent Indus
Commission from 2017 to 2022, the sources said.
At Pakistan’s continuing insistence, the World Bank recently initiated actions on both
the Neutral Expert and Court of Arbitration processes. But such parallel consideration of the
same issues is not covered under any provision of IWT, the sources said.
In October, last year, the World 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 individual capacity as subject matter experts and independently of any other
appointments they may currently hold,” the Bank said in a statement on 17 October 2022.
What is Kishenganga Hydroelectric Project?

The Kishenganga project is located in village Kralpora on the Kishenganga River in
Bandipora district of the Union Territory of Jammu & Kashmir. The project site is about 70 km
from Srinagar and 370 km from Jammu. The project was inaugurated by Prime Minister
Narendra Modi in May 2018.
The project has a “horseshoe/circular shaped”, “concrete face rock-fill dam” of 37 m
height. It is a run-of-the-river scheme that has three generation units of 110MW each, with
a total capacity of 330 MW. The water of the river is diverted to the underground powerhouse
through a 23.25-km-long Head Race Tunnel, to generate 1,713 million units of electricity per
annum.
According to an official statement issued in 2018, the project will benefit, apart from J&K,
the states of Chhattisgarh and Uttar Pradesh. “Kishengana HE Project will provide a free
power of 13 per cent to the state (erstwhile J&K), which will be around Rs 133 crore per year,”
the statement said.
And what is the Ratle Hydroelectric Project?

The project is proposed on the river Chenab in Kishtwar district of Jammu & Kashmir
at a location about 140 km from Udhampur and 201 km from Jammu. It is a run-of-the-
river project, with a 133-m-high concrete dam.
The project, with a capacity of 850 MW, will have five generation units — four units
of 205 MW each and one unit of 30 MW. Once fully operational, the project can generate
3,136.76 million units of energy annually. The project cost is pegged at Rs 5,281.94 crore
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(November 2018 prices).

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The project will be implemented by a new joint venture company (JVC) to be incorporated
between NHPC and Jammu & Kashmir State Power Development Corporation Ltd (JKSPDC)
with equity contribution of 51% and 49% respectively.
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India entry for UNESCO World Heritage tag

Source: By ANTARA BARUAH: The Print
Assam’s Charaideo Moidams, or royal burial mounds, are India’s only entry to
UNESCO for recognition as a World Heritage site in the cultural category in 2023-24, state
Chief Minister Himanta Biswa Sarma announced 21 January 2023.
According to the Assam CM, of 52 tentative sites across the country, pitched by other
states, Prime Minister Narendra Modi had chosen Charaideo Moidams as India’s entry. A
UNESCO team will visit the site in September and it is expected to be declared a World Heritage
site by March next year, Sarma said.
Charaideo Moidams are mounds containing the remains of the royalty of the Ahom
dynasty that ruled present-day Assam for 600 years — from the 13th century to the 19th
century.
The selection of the Charaideo Moidams as India’s UNESCO World Heritage site entry
follows the Bharatiya Janata Party’s (BJP) repeated invocation of the Ahom dynasty.
In 2022, on the 400th anniversary of 17th century Ahom general, Lachit

Borphukan, the central government had organised a three-day celebration in Delhi beginning
23 November. During the event, a documentary on the life of Lachit Borphukan, hailed as a
Hindu hero, was also launched. The state celebrates 24 November as Lachit Diwas.
What are Moidams?
The Moidams contain the remains of Ahom dynasty royalty. Previously, the Ahoms
were buried, but after the 18th century, they adopted the Hindu mode of cremation, and
bones and ashes were enclosed in a “moidam” which is an earthen pyramid. These moidams
are commonly known as the pyramids of Assam.
“386 Moidams have been explored so far, 90 royal burials at Charaideo are the best
preserved, representative, and most complete examples of this tradition,” Sarma said in a
letter to the PM on 16 January.
Charaideo, or the “shining town on a hill top”, was the first capital established by
King Chaolung Sukapha, the founder of the dynasty, in 1229 CE. Through the 600 years
of the Ahom rule, the capital was shifted several times. Yet, Charaideo remained the symbolic
centre of power.
Who were the Ahoms?
The Ahoms reportedly represented a time when the “Assamese race was united and
able to fight an alien, formidable force such as the Mughals”. “The British reduced a brave
race to an abject state…Even in free India, we had to fight for everything,” Arup Kumar Dutta,
author of the book The Ahoms has been quoted as saying in the media.
The Ahoms, who were non-Hindus, adopted the local religion, Hinduism, during the
reign of Sudangpha (1397-1407). “It was the first time that Hinduism, which was the
predominant religion outside the Ahom realm, penetrated into it right at the very top. Hindu
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rituals, including worship of Laxmi-Narayan Shaligram in addition to the Shan idol

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Somdeo, began to be performed at the royal palace. Later, the Hindu God Indra supplanted
Lengdon (the ruler of heaven) in Ahom and Ahom kings began to adopt Hindu names in addition
to the Shan titles,” Dutta wrote in the book.
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Ahoms in current day politics
In the run-up to the 2021 assembly polls in Assam, Ahoms took centrestage in the BJP’s
campaign with Borphukan, Assam’s “greatest military hero”, as its face.
Borphukan was a commander in the Ahom kingdom and was known for his leadership
in the 1671 battle of Saraighat that foiled an attempt by the Mughal forces to capture Assam.
Last year, on the occasion of Borphukan’s 400th birth anniversary, PM Modi tweeted
“Greetings on Lachit Diwas. This Lachit Diwas is special because we mark the 400th birth
anniversary of the great Lachit Borphukan. He epitomised unparalleled courage. He placed the
well-being of people above everything else and was a just as well as visionary leader”.
In March 2021, PM Modi even referred to Borphukan as a freedom fighter, saying that
he “contributed to Independence”. The general had died nearly 200 years before the freedom
movement.
New Supreme Court order for euthanasia

Source: By Khadija Khan: The Indian Express
On 24 January 2023, a five-judge Bench of the Supreme Court headed by Justice K M

Joseph agreed to significantly ease the procedure for passive euthanasia in the country by
altering the existing guidelines for ‘living wills’, as laid down in its 2018 judgment in
Common Cause vs. Union of India & Anr, which allowed passive euthanasia. What is the legal
history of this matter, and the issues involved?
First, what is euthanasia, and what is a living will?
Euthanasia refers to the practice of an individual deliberately ending their life,

oftentimes to get relief from an incurable condition, or intolerable pain and suffering.
Euthanasia, which can be administered only by a physician, can be either ‘active’ or
‘passive’.
Active euthanasia involves an active intervention to end a person’s life with

substances or external force, such as administering a lethal injection. Passive euthanasia
refers to withdrawing life support or treatment that is essential to keep a terminally ill person
alive.
Passive euthanasia was legalised in India by the Supreme Court in 2018, contingent
upon the person having a ‘living will’ or a written document that specifies what actions should
be taken if the person is unable to make their own medical decisions in the future.
In case a person does not have a living will, members of their family can make a plea
before the High Court to seek permission for passive euthanasia.
What did the SC rule in 2018?
The Supreme Court allowed passive euthanasia while recognising the living wills of
terminally-ill patients who could go into a permanent vegetative state, and issued guidelines
regulating this procedure.
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A five-judge Constitution Bench headed by then Chief Justice of India (CJI) Dipak Misra
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said that the guidelines would be in force until Parliament passed legislation on this.
However, this has not happened, and the absence of a law on this subject has rendered the 2018
judgment the last conclusive set of directions on euthanasia.
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The guidelines pertained to questions such as who would execute the living will, and
the process by which approval could be granted by the medical board. “We declare that an adult
human being having mental capacity to take an informed decision has right to refuse medical
treatment including withdrawal from life-saving devices,” the court said in the 2018 ruling.
And what was the situation before 2018?
In 1994, in a case challenging the constitutional validity of Section 309 of the IPC —
which mandates up to one year in prison for attempt to suicide — the Supreme Court
deemed the section to be a “cruel and irrational provision” that deserved to be removed from
the statute book to “humanise our penal laws”. An act of suicide “cannot be said to be against
religion, morality, or public policy, and an act of attempted suicide has no baneful effect on
society”, the court said. (P Rathinam vs Union Of India)
However, two years later, a five-judge Bench of the court overturned the decision in P
Rathinam, saying that the right to life under Article 21 did not include the right to die, and
only legislation could permit euthanasia. (Smt. Gian Kaur vs The State Of Punjab, 1996)
In 2011, the SC allowed passive euthanasia for Aruna Shanbaug, a nurse who had
been sexually assaulted in Mumbai in 1973, and had been in a vegetative state since then. The
court made a distinction between ‘active’ and ‘passive’, and allowed the latter in “certain
situations”. (Aruna Ramchandra Shanbaug vs Union Of India & Ors)
Earlier, in 2006, the Law Commission of India in its 196th Report titled ‘Medical
Treatment to Terminally Ill Patients (Protection of Patients and Medical Practitioners)’
had said that “a doctor who obeys the instructions of a competent patient to withhold or
withdraw medical treatment does not commit a breach of professional duty and the omission to
treat will not be an offence.” It had also recognised the patient’s decision to not receive
medical treatment, and said it did not constitute an attempt to commit suicide under Section
309 IPC.
Again, in 2008, the Law Commission’s ‘241st Report On Passive Euthanasia: A Relook’
proposed legislation on ‘passive euthanasia’, and also prepared a draft Bill.
What changes after the SC’s order this week?
The petition was filed by a nonprofit association that submitted that the 2018 guidelines
on living wills were “unworkable”. Though the detailed judgement is yet to be released, the
Court dictated a part of their order in open court.
As per 2018 guidelines, a living will was required to be signed by an executor (the
individual seeking euthanasia) in the presence of two attesting witnesses, preferably
independent, and to be further countersigned by a Judicial Magistrate of First Class (JMFC).
Also, the treating physician was required to constitute a board comprising three expert
medical practitioners from specific but varied fields of medicine, with at least 20 years of
experience, who would decide whether to carry out the living will or not. If the medical board
granted permission, the will had to be forwarded to the District Collector for his approval.
The Collector was to then form another medical board of three expert doctors,
including the Chief District Medical Officer. Only if this second board agreed with the hospital
board’s findings would the decision be forwarded to the JMFC, who would then visit the patient
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and examine whether to accord approval.

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This cumbersome process will now become easier.
Instead of the hospital and Collector forming the two medical boards, both boards
will now be formed by the hospital. The requirement of 20 years of experience for the doctors
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has been relaxed to five years. The requirement for the Magistrate’s approval has been replaced
by intimation to the Magistrate. The medical board must communicate its decision within 48
hours; the earlier guidelines specified no time limit.
The 2018 guidelines required two witnesses and a signature by the Magistrate; now a
notary or gazetted officer can sign the living will in the presence of two witnesses instead of the
Magistrate’s countersign. In case the medical boards set up by the hospital refuses permission,
it will now be open to the kin to approach the High Court which will form a fresh medical team.
Different countries, different laws
NETHERLANDS, LUXEMBOURG, BELGIUM allowed both euthanasia and assisted

suicide for anyone who faces “unbearable suffering” that has no chance of improvement.
SWITZERLAND bans euthanasia but allows assisted dying in the presence of a doctor
or physician.
CANADA had announced that euthanasia and assisted dying would be allowed for
mentally ill patients by March 2023; however, the decision has been widely criticised, and
the move may be delayed.
UNITED STATES has different laws in different states. Euthanasia is allowed in some
states like Washington, Oregon, and Montana.
UNITED KINGDOM considers it illegal and equivalent to manslaughter.
LNG impacts the climate

Source: By Tamsin Walker: Deutsche Welle
The EU is weaning itself off piped Russian gas by rapidly expanding imports of
liquified natural gas, much of it fracked in the US. But what exactly is LNG? As liquified
natural gas tankers carrying fracked US gas start to land in northern Germany, climate activists
are calling it a major setback in the effort to limit global heating.
LNG is to compensate for lost Russian gas supplies, with four new terminals set to
come online in Germany alone. But though touted as a short-term fix, much fear the gas is
here for the long haul as the EU becomes the biggest LNG importer in the world.
With LNG creating almost 10 times more emissions than piped gas by one estimate,
its rapid expansion will likely compromise climate targets, say climate researchers, who also
reject claims that most LNG infrastructure is suitable for green hydrogen in the future.
And while LNG imports are key to the European Union’s REPowerEU energy plan, analysts say
they will not offer relief from the current Russian gas shortfall until after 2024. But to
understand the potential climate risks associated with LNG, how exactly is it liquefied,
transported and distributed?
What is liquified natural gas or LNG?
LNG is natural gas reduced to a liquid state (liquefaction) through intense cooling to
around -161 degrees Celsius (-259 Fahrenheit). This liquid gas is 600 times smaller than
the original volume and is half the weight of water.
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The compressed fossil fuel, which is constituted almost wholly of methane — a potent
greenhouse gas —, can be transported around the world by ship. After arriving at its
destination, the cargo is regasified in a floating terminal and redistributed through
pipelines.
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But despite LNG’s export potential, the high cost of liquefaction and producing LNG
has limited its market. In Germany, the estimated cost of building floating LNG terminals for
imports to substitute Russian gas has doubled, due in part to higher operating and
infrastructure costs.
The cooling, liquefying and transport processes, as well as the post-transport

regasification procedures, also require a lot of energy. “Between 10-25% of the energy of
the gas is being lost during the liquefaction process,” according to Andy Gheorghiu, a
Germany-based campaigner and consultant on climate and energy policy.
What’s the climate impact of LNG?
A lot of energy is required to extract natural gas from a reservoir, to transport from
the gas field to the LNG facility for processing, to chill gas to such low temperatures, and to
hold it at that temperature before it is warmed and regasified following a long sea or train
journey.
Methane loss across the supply chain risks also contributes to LNG’s high emissions.
“Because of LNG’s much more complex production and transport process, the risks of methane
leakages along the production, transport and regasification chain are simply much higher
and therefore much more emissions-intensive,” said Gheorghiu.
In the end, LNG emits “about twice as much greenhouse gas as ordinary natural gas,”
notes the US-based nonprofit Natural Resources Defence Council (NDRC).
Meanwhile, Norwegian-based energy analysts Rystad Energy told DW that processing

LNG is so energy- and carbon-intensive that it can create almost 10 times more carbon
emissions than piped gas. The numerous stages required to take LNG from the wellhead to
the market lead to a “very high imported emissions intensity” in comparison to piped gas,
whose emissions are limited to upstream and transport and processing, according to Kaushal
Ramesh, an LNG energy expert at Rystad.
The emissions intensity of piped gas from Norway in particular is almost 10 times
less than average LNG emissions, he explained. Meanwhile, LNG emits 14 times as much
carbon as solar power when producing the equivalent amount of energy, and 50 times as
much carbon as wind power.
Can new LNG terminals be used for green hydrogen down the track?
The floating LNG terminals now going online in Germany and already established in
the Netherlands, France and Belgium are not able to be adapted into infrastructure for green
hydrogen, say campaigners.
“Contrary to what is often claimed, floating LNG terminals are not convertible to
hydrogen,” said Olaf Bandt, chairman of Friends of the Earth Germany (BUND). “The narrative
of H2 [hydrogen] readiness is simply false. They are classically fossil-fuel plants that are
no good for climate protection.”
Any LNG terminals that are built need to be easily retrofitted for green hydrogen to
fast-track the clean energy transition, says Bandt. The first German LNG terminal, which
opened in late 2022 in Wilhelmshaven near Bremen, will be able to run until late 2043 under
the LNG Acceleration Act — some eight years after all German energy is set to be renewable.
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Will LNG keep gas prices lower and assure supply?
By the end of the decade, additional costs for Germany’s gas imports could reach up to
€200bn ($212bn), doubling gas bills for consumers, according to a study by German researchers
including Berlin-based climate think tank E3G.
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Cheaper sustainable energy sources could instead make up the current gas deficit.
Comprehensive energy efficiency upgrades in buildings and electric heat pump instalments
will also “turbocharge” the energy transition, said Maria Pastukhova, senior policy adviser at
E3G.
There is a corresponding fear that LNG infrastructure overcapacity and long-term

regasification contracts at German LNG ports will lead to stranded assets — while
simultaneously delaying the phase-out of fossil fuels.
A report by the German think tank New Climate Institute says the new planned terminals
could expand capacity by two-thirds above what the nation consumes. This would not only be
in conflict with Germany’s national climate targets but would “constitute a breach of
national legislation and international commitments under the Paris Agreement,” stated
the study.
Promoting energy efficiency and renewable power is the sustainable solution to the
shortfall in Russian gas, insist experts. “By investing in building efficiency alone, Germany can
save more gas than new LNG terminals offer,” said Andy Gheorghiu.
Practice 1. What is the Indus Waters Treaty and why has India issued notice to
question for Pakistan on the Indus Water Treaty? Elucidate.
Mains 2. What are the significances of the Assam’s Charaideo Moidams which
are India’s only entry to UNESCO for recognition as a World Heritage
site in the cultural category in 2023-24?
3. What is euthanasia and what is a living will? Examine the new order
of Supreme Court order for simplifying passive euthanasia procedure?
4. The EU is weaning itself off piped Russian gas by rapidly expanding
imports of liquified natural gas, much of it fracked in the US. What is
Liquified Natural Gas (LNG) and how it impacts the climate?
8
Pag
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EDITORIAL SERIES (2 JANUARY 2023)

divisiveness between different communities. Such a divided young population inevitably

Policy-making should realize that intense competition ceases to be positive after a

Free food scheme raises questions

Indian armed forces deploy ‘Pralay’ missile

Developed by the DRDO, the ‘Pralay’ ballistic missile is a canisterised tactical,

Practice 1. India to become self-reliant force, its youth has to be productive to

for its sustainability and inclusivity.

4. India recently permitted the use of ballistic missiles in tactical roles,

Source: By The Indian Express

A geopolitical look back at 2022

Source: By K C Singh: The Free Press Journal

This age of anger needs a renewed push

intelligence, crypto-technology, and manufacturing prowess. In short, we have moved from a

New-age firms fall due to old causes

NATO should renew its commitment

Pristina calling on NATO-led international peacekeeping forces in Kosovo (KFOR) to

its majority ethnic Serb population.

Practice 1. Government decision to demonetize currency notes in 2016, has been

Remote voting for migrant workers

Gender equitable a distant dream

mainly, for fear of victimblaming (NFHS-5).

Demonetisation is delegated legislation

demonetization, does it suffer from excessive delegation of legislative power thereby

rendering it ultra vires the Constitution?”

Why putting off census?

better with the provider that

this month I don’t have money,

What’s Memorandum of Procedure?

What is the MoP?

Justice C.S. Karnan for contempt of court.

In a separate but concurring opinion in this 2017 judgment, Justice Chelameswar —

Age of consent needs a relook

China’s population falls

Source: By Harish Damodaran: The Indian Express

So what is the dispute in this case?

India is constructing two hydroelectric power projects (HEPs) — the Kishenganga

What is Kishenganga Hydroelectric Project?

And what is the Ratle Hydroelectric Project?

(November 2018 prices).

India entry for UNESCO World Heritage tag

In 2022, on the 400th anniversary of 17th century Ahom general, Lachit

What are Moidams?

Who were the Ahoms?

rituals, including worship of Laxmi-Narayan Shaligram in addition to the Shan idol

Ahoms in current day politics

New Supreme Court order for euthanasia

On 24 January 2023, a five-judge Bench of the Supreme Court headed by Justice K M

First, what is euthanasia, and what is a living will?

Euthanasia refers to the practice of an individual deliberately ending their life,

Active euthanasia involves an active intervention to end a person’s life with

What did the SC rule in 2018?

And what was the situation before 2018?

What changes after the SC’s order this week?

and examine whether to accord approval.

This cumbersome process will now become easier.

Different countries, different laws

NETHERLANDS, LUXEMBOURG, BELGIUM allowed both euthanasia and assisted

UNITED KINGDOM considers it illegal and equivalent to manslaughter.

LNG impacts the climate