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The ‘Pact of the Future’: Step towards UN Security Council reform

Context: India described the inclusion of a detailed paragraph on Security Council reform in a U.N. summit document as a “good beginning.” New Delhi expressed its anticipation for the initiation of text-based negotiations within a fixed timeframe to address reforms of the 15-member body.

Key takeaways from the news article:

Historic moment:

September 22, 2024: World leaders unanimously adopted the ‘Pact of the Future’, marking a significant milestone in the long-awaited reform of the United Nations Security Council (UNSC).
The pact promises to enhance the council’s representativeness, inclusivity, transparency, efficiency, effectiveness, democracy, and accountability.

Importance of the pact's language:

It includes a detailed paragraph on UNSC reform for the first time in a U.N. summit document. While the pact may not encompass every detail desired, it is a ‘good beginning.’
There is optimism for the initiation of text-based negotiations within a defined timeframe, viewing the current agreement as a foundational step toward meaningful reform.
The 'Pact of the Future' also underscores the commitment to address historical injustices faced by Africa, recognizing it as a special case.
Leaders agreed to improve representation for underrepresented regions, including the Asia-Pacific, Latin America, and the Caribbean.
The pact emphasizes the necessity of enlarging the Security Council to better reflect the contemporary realities of its membership.
The pact advocates for intensified efforts to secure an agreement on the categories of Security Council membership.
It encourages the submission and revision of proposals by states for structured dialogues aimed at developing a consolidated model. This emphasis on a collaborative approach aims to balance the council’s representativeness with its effectiveness.

India's stance on UNSC Reform:

India has been a prominent advocate for UNSC reform, arguing that the current structure is not suited for the challenges of the 21st century.
India rightfully claims a permanent seat on the Security Council, as India has served as a non-permanent member in 2021-22.
The country's position reflects its commitment to a more equitable international order, particularly in light of the Security Council’s polarization on pressing global issues like the Ukraine conflict and the Israel-Hamas situation.
In his address at the 'Summit of the Future', Prime Minister Modi stressed that institutional reforms are crucial for global peace and development. The reform is essential for maintaining the relevance of international institutions.

Need for Institutional reforms:

U.N. Secretary-General Antonio Guterres echoed this sentiment, calling for profound reforms to enhance the legitimacy and effectiveness of global institutions, rooted in the principles of the UN Charter.
- He emphasised that the challenges of the 21st century necessitate contemporary solutions that are inclusive and collaborative.
- He noted the disparity between the original 51 member states at the UN's inception nearly 80 years ago and the current 193 members, highlighting the outdated nature of existing peace and security frameworks.
- He warned that the Security Council, characterized as ‘outdated,’ risks losing credibility unless its composition and methods are reformed.

The evolving dynamics of international relations necessitate significant reforms to address its inherent limitations. Some of the reasons why reforms are needed in UNSC are:

1. Outdated representation:

The current structure of the UNSC fails to adequately represent the global landscape.
Lack of representation from Africa and Latin America: With 54 countries, Africa remains vastly underrepresented in the UNSC, as does Latin America and the Caribbean. Despite their growing influence on the world stage, these regions have no permanent representation.
Major economies in Latin America and the significant population and resources of Africa highlight the disconnect between the UNSC’s membership and the realities of global power dynamics.

2. Concerns over Sovereignty and Unilateral actions:

Sanctions imposed by the UNSC can lead to severe economic repercussions for nations, often disregarding the interests of those nations.
Key decisions, particularly regarding conflicts in regions like Africa, are made without adequate representation from those directly affected.
Sanctions on Iran have led to a crippling economic crisis, highlighting how the UNSC's actions can have far-reaching effects on a nation’s sovereignty and well-being.

3. Lack of recognition for major contributors:

Countries that play pivotal roles in global peacekeeping and financing are overlooked in the UNSC.
India, Japan, and Germany: These nations are significant contributors to UN peacekeeping missions and UN finances but lack permanent seats in the UNSC.
India is among the top contributors to peacekeeping operations, while Japan and Germany are major financial backers of the UN. Their exclusion from the UNSC reflects an imbalance that undermines their contributions.

4. Ineffectiveness of Veto power:

The veto power held by the P5 (the five permanent members) has often led to deadlocks in critical situations.
Deadlocks: The veto can obstruct consensus and render the UNSC ineffective in times of crisis.
The use of Veto power by the P5 nations to protect their interests illustrate how the P-5 can skew resolutions in their favour, disregarding broader international concerns.
The P5's inability to agree on resolutions regarding the Syrian Civil War has resulted in prolonged inaction, exacerbating human suffering and instability.

5. Discouragement of multilateralism:

The exclusivity and perceived ineffectiveness of the UNSC have eroded trust in multilateralism.
The UNSC's failures discourage countries from engaging in collective efforts to tackle global challenges, undermining international cooperation.

6. Changing geopolitics:

The geopolitical landscape has shifted significantly since the establishment of the UNSC.
Post-World War II composition: The current UNSC composition reflects a bi-polar world that no longer exists, failing to represent the multi-polar reality of today where developing nations have substantial influence.
This misalignment hampers effective decision-making and inclusivity.

The UN chief cautioned the 15-member United Nations Security Council about its outdated nature, highlighting that its waning authority could ultimately lead to a complete loss of credibility unless significant reforms are enacted in both its composition and operational methods. The UN chief issued a powerful call to action, stating, “We cannot forge a future for our grandchildren with a system designed for our grandparents.”

Key highlights from the Summit of the Future, 2024:

World leaders convened at the Summit of the Future (New York) adopted the Pact for the Future, which includes a Global Digital Compact and a Declaration on Future Generations.

1. Commitment to Sustainable development:

Member States recommitted to accelerating the implementation of the 2030 Agenda and the 2023 SDG Summit Political Declaration.
Their aim is to eradicate poverty and hunger while ensuring no one is left behind.
The Pact emphasizes the necessity of planning for sustainable development beyond 2030 and addresses the SDG financing gap through enhanced public and private investments.

2. Climate action and Environmental sustainability:

The Pact reiterates the commitment to limit global temperature rise to 1.5°C above pre-industrial levels and transition from fossil fuels to achieve net-zero emissions by 2050.
It also calls for urgent actions to promote sustainable practices, including a legally-binding agreement on plastic pollution and initiatives to reverse biodiversity loss.

3. Peace and security initiatives:

Leaders emphasized the importance of sustaining peace through national prevention strategies, strengthening international cooperation, and ensuring military spending does not undermine sustainable development.
The Pact commits to protecting civilians in conflict zones and enhancing accountability for serious violations of international law.

4. Disarmament and arms control:

One of the Pact's notable achievements is the reaffirmation of commitment to nuclear disarmament, alongside measures to prevent the weaponization of emerging technologies, including artificial intelligence.

5. Addressing global inequalities in Science and Technology:

The Pact promotes reducing disparities in science, technology, and innovation (STI) and emphasizes women's and girls' participation in these fields.
It advocates for increased funding for SDG-related research and innovation.

6. Enhancing Multilateral cooperation:

The adoption of the Pact showcases countries' commitment to an international system centred around the United Nations.
It aims to enhance multilateralism to better reflect contemporary global dynamics, fostering collaboration among governments, civil society, and private sectors.

7. Youth and gender equality:

The Pact prioritizes youth engagement in global decision-making and commits to revitalizing the Commission on the Status of Women, ensuring the empowerment of women and girls.

8. Financial architecture reform:

The Pact outlines comprehensive reforms to the international financial architecture, aiming for more equitable representation of developing countries and improved financial safety nets to support economic resilience.

9. Global Digital compact and future generations declaration:

Annexed to the Pact, the Global Digital Compact establishes a framework for digital cooperation that emphasizes human rights and accountability in the digital space.
The Declaration on Future Generations focuses on safeguarding the interests of future populations through long-term governance principles.

10. Outer Space:

On governing outer space, the Pact includes an agreement to strengthen the existing international frameworks including to ensure that all countries can benefit from its safe and sustainable exploration and use, and working with non-State actors where relevant.
The Pact includes follow-up mechanisms, including a high-level review of the Global Digital Compact in 2027 and a comprehensive review of the Pact for the Future in 2028.

Sinking of Islands in Tuvalu

Context: Tuvalu is a group of 9 atolls located in Pacific Ocean. Climate change and rising sea level rise means that the islands are facing a risk of submergence.

Tuvalu Islands

Tuvalu is an island nation located in the Central Pacific Ocean with a total area of only 26 sq km.
Funafuti is the capital of Tuvalu.
The island country has a population of about 11,000 people.
Since the islands is spread over a wide area of 900,000 sq km in the Pacific Ocean (twice the size of California). Tuvalu has a large exclusive economic zone in the pacific ocean, which is rich in ocean resources.
The country is located on a group of 9 atolls, whose mean elevation is just 2 metres.
Recent measurements reveal that Tuvalu has experienced a sea level rise of 15 cm over the past three decades, which is one and half times of the global average.
According to projections by NASA, by 2050 daily tides will submerge half of main atoll of Funafuti, which is home to 60% of Tuvalu's residents.
Salt-water incursion has ruined groundwater creating a crisis of freshwater availability. This has forced residents of Tuvalu to depend on rainwater tanks and a central raised garden for growing vegetables and food items.

What is Tuvalu doing for this crisis?

Tuvalu has entered into a landmark climate and security treaty with Australia in 2023 which allows 280 Tuvaluans to move to Australia annually.
Construction of sea walls and barriers to guard against worsening sea storms.
Building of 7 hectares artificial land which can stay above tides.

Tuvalu and UNCLOS

Under the UNCLOS, the extent of maritime zone is decided by features of permanently dry land.
Baseline for a maritime zone may be established by reference to the low-water line of a feature that is above water at all times. However, due to the rising sea level and possible submergence, island nations like Tuvalu risk losing or diminishing their Exclusive Economic Zones.
Thus, Tuvalu has called for amending the UNCLOS which allows countries like it to permanently retain control of its vast maritime zone with large blue economy like fishing rights and mining of seabed minerals.
According to current international law, dry land is also essential for recognition of sovereignty. Tuvalu has been campaigning to its maritime boundaries and statehood recognised for permanent.

Venus Orbiter Mission

Context: After the success of the Mars Orbiter Mission (Mangalyaan) and Chandrayaan lunar missions, India now aims to explore Venus with its proposed Venus Orbiter Mission (Shukrayaan).

Venus Orbiter Mission:

The Union Cabinet has approved India’s first mission to Venus which ISRO aims to launch in March 2028. This is the country’s second interplanetary mission after the Mars Orbiter Mission launched in 2013.
The mission is being developed by the Indian Space Research Organisation (ISRO).
Objective: To study the planet’s atmosphere, surface, and geological features using sophisticated scientific instruments.
- Study the structure, composition, and dynamics of Venus's atmosphere.
- Investigate surface processes and subsurface stratigraphy.
- Explore solar wind interactions with the Venusian ionosphere.
The mission will place a spacecraft in orbit around Venus. Once the satellite exits the Earth orbit, it will take around 140 days to reach Venus.
The mission will carry scientific payloads weighing around 100 kg. The orbiter is expected to carry instruments like synthetic aperture radar, infrared and ultraviolet cameras, and sensors that will study Venus’s ionosphere.
The mission will also see India perform aero-braking for the first time.
- Aero-braking is a technique used to reduce a satellite's orbit by using atmospheric drag instead of relying solely on fuel-powered engines.
- It is particularly useful for missions to planets with significant atmospheres, like Venus, where it helps conserve fuel while gradually lowering the satellite's altitude.

Significance of the mission:

Clues about Earth's Evolution: Venus is often termed "Earth's twin" due to its similar size, mass, and density. By studying Venus, scientists can gather valuable information about how planetary bodies evolve over time. Understanding why Venus evolved into a hot, dry planet while Earth remains habitable may offer critical insights into planetary development, particularly for Earth-like planets.
Insights into Venus's Atmosphere: The mission will provide key insights into the thick clouds that shroud Venus, composed primarily of carbon dioxide and sulfuric acid, and explore whether there are any signs of active volcanoes.
Clues about Climate Change and Atmospheric Dynamics: Scientists believe that more than four billion years ago, Venus had enough water to cover its surface with an ocean 3 km deep. But now the planet has become dry and dusty. By comparing Venus’s climate with Earth’s, scientists hope to better understand how climate change affects planetary atmospheres.

Facts about Venus:

Venus has a solid surface by virtue of being one of the 3 inner planets besides Mercury and Earth. It is nearly the same size as the Earth.
96.5% of the atmosphere of Venus is made up of carbon dioxide and there are sulphuric acid clouds on the planet. Thus, the palnet has a high greenhouse effect.
It has an extremely high surface temperature of around 462 degree Celsius, even hotter than Mercury (the planet that is closest to the Sun).
- This may be possible due to a runaway greenhouse effect. The water present on the Venusian surface has evaporated because of the proximity of the planet to the Sun.
- As water vapour is a greenhouse gas, it led to the planet trapping more heat and further evaporating water from its surface.
The atmospheric pressure on Venus is much higher than on Earth. It is almost similar to the pressure felt underneath the oceans on Earth.
- Surface pressure on Venus is about 90 times that on Earth while surface pressure on Mars is 1/100th of that on Earth.
Venus rotates very slowly on its axis as compared to Earth. One rotation of Venus lasts around 243 Earth days.
- Its rotation period is longer than its orbital period. (Rotation on its own axis – 243 days, Orbital period around the sun - 224.7 days).
- The planet has retrograde rotation, meaning it spins in the direction opposite to the direction in which it orbits the Sun.
Due to the slow rotation of Venus it has no global magnetic field. (Earth’s magnetic field is due to rotation of iron core).
NASA’s image data from the Magellan spacecraft's visit to Venus has revealed evidence of volcanic activity on it. About 80% of the surface of Venus is composed of flat plains of volcanic origin.

Upcoming Venus missions:

The US has planned at least two more missions to Venus in the future — DaVinci in 2029 and Veritas in 2031.
- NASA's DAVINCI (Deep Atmosphere Venus Investigations of Noble gases, Chemistry, and Imaging) mission will study Venus from above its clouds down to its surface, investigating how the planet and its dense atmosphere formed and evolved over the past 4.5 billion years. Tentatively scheduled to be launched in June 2029 and would enter the Venusian atmosphere in June 2031.
- VERITAS: NASA's VERITAS (Venus Emissivity, Radio Science, InSAR, and Spectroscopy) mission is expected to be launched in 2031. VERITAS will use a suite of seven instruments to study the surface and atmosphere of Venus.
The European Space Agency (ESA) has planned the EnVision mission for 2030. EnVision will study the atmosphere, surface, and interior of Venus.

Illegal immigration and National Security

Context: The Jharkhand High Court has directed the state government to identify illegal Bangladeshi immigrants in the Santhal Parganas region after a PIL raised concerns about demographic changes due to ‘Bangladeshi infiltration.’ The petition noted a significant demographic shift in six districts, with the tribal population decreasing from 44.67% in 1951 to 28.11% in 2011, while the minority community's percentage rose from 9.44% to 22.73%.

Illegal immigrants from Bangladesh:

Illegal migration and cross-border activities pose significant challenges along the India-Bangladesh border, which is highly porous.
The border spans 4,096.7 km, with 3,145 km already secured by physical fencing, while the remaining sections are planned to be covered by a combination of physical and technological barriers.
The Home Ministry's 2021-22 annual report highlights that the porous nature of the Indo-Bangladesh border has made it difficult to control illegal migration and other cross-border activities.
Assam and West Bengal, which share a porous border with Bangladesh, are particularly affected by illegal infiltration.

Who are ‘Illegal Immigrants’?

An illegal immigrant in India is defined as a foreigner who has either entered the country without valid documents or overstayed beyond the permitted time under the Citizenship Act, as amended in 2003.
Such individuals are ineligible for citizenship by registration or naturalization and may face imprisonment for 2-8 years and fines.
However, an exception was made in 2019 for minority communities from Bangladesh, Pakistan, and Afghanistan who fled to India due to religious persecution or fear of it. These individuals are not considered illegal migrants and remain eligible for citizenship.
The 2001 Indian Census provides data on migrants, with Bangladeshis being the largest group, followed by Pakistanis, though it does not specifically categorize illegal immigrants.

Reasons for influx of Illegal Immigrants from neighbouring regions:

1. Economic opportunities: Neighbouring countries like Bangladesh, Nepal, and Myanmar face poverty and unemployment, pushing people to seek better livelihoods in India. India's larger economy offers better job opportunities, especially in informal sectors.

2. Political instability:

The 2021 military coup and ethnic conflicts in Myanmar forced thousands of Rohingya and other minorities to flee to India. The UN estimated nearly 18,000 Rohingya refugees in India by 2021. The Civil War (1983-2009) led to over 100,000 Tamil refugees entering India, many illegally. The Taliban's takeover in 2021 prompted many Afghans to seek asylum in India.

3. Religious and ethnic persecution:

Religious minorities, especially Hindus, have faced persecution, leading to migration to India. The Citizenship Amendment Act (2019) responded to this, with over 25,000 Pakistanis seeking Indian citizenship between 2016-2019.

4. Environmental factors:

Climate change and environmental degradation, especially in coastal areas, drive migration. The Sundarbans region has seen significant displacement due to rising sea levels, leading to an influx into West Bengal.

5. Lack of stringent border controls:

India's borders with Bangladesh, Nepal, and Myanmar are porous. These border regions traverse a range of natural landscapes which are hard to monitor, making illegal crossings easier. India has an easily navigable sea route with Pakistan as well as Sri Lanka making it vulnerable to a continuous threat of an influx of illegal migration.

Preventing the entry of illegal migrants into India is important as they impose pressure on citizens and pose a security threat, especially in sensitive areas such as Jammu and West Bengal

Threats to India’s National Security:

The large influx of illegal immigrants in different parts of India has raised both direct and indirect threats.

Direct threats

Radicalization and infiltration:

The large influx of illegal immigrants, especially from regions with ongoing conflicts or extremist activities, increases the risk of radicalization. Terrorist organizations can exploit refugee movements to infiltrate operatives into the country.
Indian security agencies have reported that some Rohingyas, who may sympathize with militant ideologies, could be active in areas like Jammu, Delhi, Hyderabad, and Mewat, posing a potential threat to internal security.
Intelligence reports have indicated that Pakistan-based terror groups have attempted to infiltrate operatives into India under the guise of migrants from Bangladesh.
This not only poses a direct threat to internal security but also strains India’s relations with neighbouring countries.
Political and cultural threats:
- The demographic change due to the influx of illegal immigrants threatens the political and cultural pre-eminence of local populations.
- In states like Assam, the continuous influx of immigrants from Bangladesh has altered the demographic balance, leading to tensions between the indigenous population and the newcomers.
- The Assam Accord of 1985, which sought to address these concerns, highlights the long-standing issue of illegal immigration and its impact on the socio-political fabric of the region.
- The unchecked influx of undocumented immigrants poses a serious threat, potentially sparking power struggles between foreign anti-national groups and the indigenous populace.
- Infiltration of Myanmar Kuki-Chins has previously ignited the Naga vs. Kuki conflict (1992 – 1999), Kuki vs. Paite (1997–1998) in Manipur, and the Kuki vs. Karbi clash (2003 – 2004) in Assam.
Militancy:
- Ongoing attacks against Muslims perceived as illegal migrants in Assam have contributed to radicalization within some segments of the Muslim community.
- This has led to the emergence of militant groups, such as the Muslim United Liberation Tigers of Assam (MULTA), posing a significant threat to national security.
Law and order disruption:
- Illegal migrants undermine the rule of law and national integrity by engaging in activities such as obtaining identity documents illegally, involving in trans-border smuggling of arms.

Indirect threats:

Resource strain:

The arrival of large numbers of illegal immigrants can strain local resources, including land, water, and public services.
This often leads to resentment among the local population, who feel that their opportunities are being usurped.
For instance, in urban areas like Delhi and Mumbai, the presence of illegal immigrants has contributed to overcrowding and increased competition for jobs, leading to a decline in wages and working conditions.
According to a 2022 report by the National Sample Survey Office (NSSO), regions with high concentrations of illegal immigrants have witnessed a significant drop in wages for unskilled labor.

Social instability and crime:

The lack of opportunities and the prevailing sense of insecurity among the local population can cause social instability.
Illegal immigrants, often living in poverty and deprivation, may become vulnerable to crime, both as victims and perpetrators.
Terror outfits can easily exploit these vulnerabilities, recruiting individuals by promising better prospects and livelihoods.
The Bodoland violence in 2012, which was partly fuelled by concerns over illegal immigration and its impact on local communities.
In the northeastern states of India, where illegal immigration is a significant issue, there has been a noticeable rise in crime rates, including human trafficking and smuggling, as reported by the National Crime Records Bureau (NCRB) in 2023.

Grievances over resource distribution:

The situation in Assam's border districts, where illegal settlements have encroached on forest and agricultural land, has led to frequent clashes between the indigenous communities and the immigrants.
The 2019 National Register of Citizens (NRC) exercise in Assam was an attempt to address these grievances but also highlighted the deep divisions and challenges in resolving the issue.

The cumulative impact of these direct and indirect threats can lead to broader regional and national instability.

India's strategy to address these threats:

Strengthening border security:

India has invested in extensive border fencing and surveillance systems to control illegal crossings. The construction of the India-Bangladesh border fence, which spans over 4,000 kilometers, aims to deter unauthorized movement. As of 2023, approximately 3,200 kilometers of the fence have been completed.
The Comprehensive Integrated Border Management System (CIBMS) project leverages technology for enhanced border monitoring.
Efforts to improve border security also include the construction of border roads to enhance communication and mobility in these areas.
In addition, floodlights have been installed along significant portions of the border in West Bengal, Meghalaya, Assam, Mizoram, and Tripura.
The BSF plays a crucial role in patrolling and securing India's borders. For example, in 2022, the BSF apprehended over 2,000 individuals attempting to cross the India-Bangladesh border illegally.

Legal and policy frameworks:

National Register of Citizens (NRC): The NRC is a government initiative to identify and document citizens and illegal immigrants. The most notable application was in Assam, where the NRC was updated to exclude illegal immigrants. The 2019 NRC list excluded over 1.9 million individuals, although this process faced criticism and legal challenges.
Foreigners Act of 1946: This act regulates the entry and stay of foreigners in India. It empowers the government to detain and deport illegal immigrants. Recent amendments and stricter enforcement have aimed to enhance its effectiveness.

Diplomatic cooperation:

India has worked with Bangladesh to address illegal immigration through bilateral agreements. The 2015 Land Boundary Agreement (LBA) resolved border disputes and facilitated the exchange of enclaves, which has helped reduce illegal movement.

Challenges in managing national security threats from illegal immigration:

1. Operational:

The extensive and challenging-to-monitor borders with Bangladesh (4,096 km) and Myanmar (1,643 km) have gaps despite efforts like border fencing.
The Border Security Force (BSF) struggles with limited resources and the need for advanced surveillance technology.
Inefficient coordination between central and state agencies hampers effective border management, leading to gaps in enforcement.

2.Legal:

The Foreigners Act and Citizenship Amendment Act (CAA) create a complicated legal environment.
The CAA has faced protests and legal issues, complicating its implementation.
Balancing national security measures with human rights, as seen with the CAA, leads to criticism and protests.

Recommended strategies for dealing with the issue:

A comprehensive national policy for effective border management is urgently needed. This policy should be formulated by national security experts and tailored to address the unique challenges faced by each border region of the country.

1. Enhancing border security:

India can invest more in high-tech solutions like drones, infrared sensors, and AI-based monitoring systems. Expanding and better equipping the BSF and other border agencies can help close existing security gaps.

2. Reforming legal framework:

India needs a more transparent and consistent legal framework to define and categorize illegal immigrants, refugees, and asylum seekers. Ensuring that security measures do not infringe upon human rights is crucial.

3. Coordination between Central and State agencies:

Establishing a unified command structure for border management could enhance coordination.
The European Union’s Frontex agency exemplifies how centralizing border management can improve coordination across multiple states.
Regular joint training programs for central and state agencies can foster better coordination.

4. Counter-terrorism measures:

Strengthening intelligence sharing between central and state agencies, and with international partners, can help detect and prevent radicalization.
Developing programs to engage with migrant communities and address grievances can reduce the risk of radicalization.

5. Strengthening diplomatic cooperation:

Strengthening and expanding bilateral agreements with neighbouring countries for better border management and repatriation processes is essential.
For example, India could model agreements on the U.S.-Mexico bilateral cooperation on border security, which includes joint initiatives and intelligence sharing.
Regional forums like the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC) could improve collective responses to illegal immigration and security challenges, as Counter-Terrorism and Transnational Crimes are in its list of priority sectors of cooperation.

Sub-classification among reserved categories

Context: A seven-judge constitution bench of the Supreme Court in the State of Punjab vs Davinder Singh judgement has held that sub-classification of SC and ST categories is permissible. Also, States have power to create these sub-classifications. Earlier, the Supreme Court in E. V. Chinnaiah vs State of Andhra Pradesh (2004) had ruled that sub-classification was not permissible in the SC category. The Davinder Singh Judgement has overturned the E. V. Chinnaiah judgement.

Present Status - reserved categories

Currently, the entire Scheduled Castes and Scheduled Tribes are treated as one large class. There is no sub-categorisation among these communities.
However, even among the SCs and STs there are communities which are relatively more backward. Thus, there has been an ongoing demand for allowing sub-categorisation in these communities enabling the relatively backward in these communities to apportion greater benefits.

Constitutional Status of Scheduled Castes

Article 366 (24): Scheduled Castes are defined to mean such castes, tribes or parts or groups within such castes, races or tribes as deemed under Article 341 of the Constitution.
Article 341(1): President has given the power to notify castes, races or tribes which shall be deemed to be Scheduled Castes for a State or UT. The President will notify the SCs for a State or UT in consultation with the Governor of the State.
Article 341(2): Parliament may by law include or exclude any caste, race, or tribe from the list of Scheduled Castes specified in the Presidential notification issued under Article 341(1).
Articles 342 and Article 342-A relate to notification of STs and SEBCs respectively and contain provisions similar to Article 341.

Judgement in EV Chinnaiah Case

Scheduled Castes form a class by themselves.
Sub-classification amounts to tinkering with the Presidential order issued under Article 341. States have no power to deal with State Legislature.
Scheduled Castes constitute a class and further classification is not permissible among the SCs. Indira Sawhney judgement permitted the sub-classification of the Other Backward Classes, but this is not applicable to SCs. Sub-classification amounts to giving preference to a 'miniscule proportion' of the SCs, over other members of the SCs which would impermissible under Article 14.

SALIENT FEATURES OF DAVINDER SINGH JUDGEMENT

Article 14 of the Constitution:

Article 14 is an amalgamation of two expressions - equality before law and equal protection of laws.
Equality before law means absence of special privileges for any individual. However, it does not mean that the same law should apply to everyone, but that the same law should apply to those who are similarly situated.
Equal protection of laws means that laws must be administered equally among equals. This also enjoins the State the with power to reasonably classify those who are differently placed.
Thus, equality under Article 14 is not 'sameness' but that there must be a parity of treatment under parity of conditions. The substantive equality under the Article calls for equality of opportunities over equality of treatment.
Thus, sub-classification is a facet of equality and law can further classify a class that is already created by law for a limited purpose. The classification should be based on intelligible differentia and rational nexus.
- Intelligible Differentia means a discernible and understandable distinction. Thus, the distinction should be based on clear criterion or standard.
- Rational nexus: There should be a clear and rational link between classification criterion and intended outcome or goal of the classification.
The test to determine whether sub-classification within a class is justified under Article 14, is whether the class is homogenous or not.

Homogeneity of SCs

There are historical and empirical evidence to show that SCs are homogenous.
Some studies such as by AM Shah have highlighted that SCs are not a homogenous class.
Hardships and backwardness which SCs have suffered historically would differ from category to category.
Some communities are included in the Presidential list while the same community has not been included in SCs in other states highlighting the none homogenous nature of SCs.
The word 'deemed' in Article 341 was not indicative of creation of legal fiction. The intention of this legal fiction created under Article 341 was for limited purpose of identifying the SCs and differentiating them from other groups. It was not indicator of homogeneity.

Sub-classification and States interference with SC list

In the EV Chinnaiah judgement, the court opined that sub-classification amounts to states tinkering with Presidential List under Article 341. However, in the Davinder Singh Case, the SC held that sub-classification did not led to including or excluding any caste through legislation. Thus, did not amount to tinkering with the list.
Also, States had the legislative power to create sub-classification as it did not amount to tampering with the Presidential List. This power stemmed from Article 15 and Article 16 of the Constitution.

Criteria for Sub-classification

Article 15(4) provides that the beneficiary class for the purpose of the provision must be socially and educational backward. The social and educational backwardness should not be seen as mutually exclusive but together.
The purpose of this Article is to ensure substantive equality by ameliorating social backwardness. Thus, the states need to prove varying degrees of backwardness and inadequate representation within the group based on empirical evidence.
Although sub-classification with the SC category was permitted, however, it did not meant that that seats should be allocated for each caste group. Classes exhibiting similar level of backwardness, should be categorised together.

Creamy Layer among SCs

State must evolve a policy for identifying creamy layer exception even from SCs/STs (Indira Sawhney judgement mandated creamy layers only for OBCs).
Within the SCs, certain caste groups were reaping the benefits of reservation more than others. Thus, these caste groups should that they should walk away from special provisions making way for the needy.

Funan Techo Canal Project

Context: Cambodia has launched $1.7 bn Funan Techo Canal mega connectivity project.

About Funan Techo Canal Project

The Funan-Techo Canal Project aims to connect Cambodia's capital Phnom Penh with the coastal town of Kep located on the Gulf of Thailand by a 180 km canal.
As per the plans, the canal will be 100 metres wide and 5.4 metres deep allowing for two shipping lanes.
Currently, ocean-bound shipping from Phnom Penh passes through Vietnam's Mekong Delta to ports near the Ho Chi Minh City in Vietnam.
The Funan Techo Canal will provide Cambodia an alternative route for sea trade and reduce its dependence of Vietnamese ports.
The Canal project is part of the broader Belt and Road Project of China and will be built with Chinese assistance.

Supreme Court Judgement on Taxation powers on Minerals

Context: A 9-Judge Constitution Bench of the Supreme Court in the Mineral Area Development Authority (MADA) vs SAIL declared that royalty imposed on mining is not a tax. Thus, the court overruled the its own seven judge bench judgment in the India Cements vs State of Tamil Nadu judgement (1989), which ruled that royalty are a tax.

Distribution of legislative power over mines and minerals under the Seventh Schedule

Entry 54 of Union List: Regulation of mines and mineral development to the extent to which such regulation and development under the control of the Union is declared by Parliament by law to be expedient in the public interest.
Entry 23 of State List: Regulation of mines and mineral development subject to the provisions of Union List with respect to regulation and development under the control of the Union.
Entry 50 of State List: Taxes on mineral rights subject to any limitations imposed by Parliament by law relating to mineral development.

Statutes relating to Taxation of Minerals: MMRD Act

Parliament enacted the Mines & Minerals (Development & Regulation) Act, 1957 (MMDR Act) under the Entry 54 of the Union List of Seventh Schedule. MMDR Act is a comprehensive code for regulation of mines and development of minerals.
MMDR Act provides that holder of a mining lease shall pay royalty in respect of any mineral removed or consumed from the leased area at the specified rates.
Dispute over the nature of Royalty: There has been a dispute over the nature of royalty i.e., whether it is a tax or not. A Seven Judgement Constitution Bench of Supreme Court in the India Cements vs State of Tamil Nadu (1989) ruled that royalty imposed on mining are a tax in nature. However, a 5 judge constitution bench in State of West Bengal vs Kesoram Industries ruled that royalty is a not a tax. However, since India Cements judgement was given by a larger 9 judge bench, it continued to hold.

Nature of a Tax

Tax is a compulsory exaction of money by a public authority.
Tax is imposed under statutory power without consent of tax payer.
Tax demand is enforceable by law
Tax is an imposition made for public purpose to meet general expenses of the state without reference to any special benefit to be conferred on the payer of the tax.
Tax is a part of common burden.

Salient Observation in MADA Judgement

Royalty is not a tax but a contractual consideration paid by the mining lessee for enjoyment of mineral rights.
Legislative power to tax mineral rights vests with the State legislatures. Parliament does not have legislative competence to tax mineral rights under Entry 54 of Union List, since this is a general entry. Power to tax mineral rights is expressly enumerated in Entry 50 of State List, therefore, Parliament cannot use its residuary powers in this matter.
Entry of 50 of State List envisages that Parliament can impose 'any limitations' on mineral taxation by states. However, the MMDR Act has not imposed any limitations.

A Platform for Young Koodiyattam Artists

Context: Cholliyattom is an informal collective of young Koodiyattam artists in Kerala, launched during the COVID-19 pandemic. This platform aims to bring together artistes from various schools of Koodiyattom to collaborate, preserve the art form, and learn the nuances of different styles.

Preserving different Koodiyattam traditions:

Cholliyattom plays a critical role in preserving various styles of Koodiyattom, which include the Kalamandalam or Painkulam style, Ammannur style, and Mani Gurukulam style.
By creating a space for intergenerational knowledge transfer, Cholliyattom ensures that these styles are kept alive and continuously practiced.
Nuances of Koodiyattom:
- Koodiyattom is known for its complexity, with intricate sign languages, acting styles, and specific techniques that vary between traditions.
- While the costumes across different styles may appear similar, there are slight differences in gestures and performances, which can be challenging for audiences unfamiliar with the art's technical vocabulary.
Expanding Koodiyattom beyond temple premises:
- Historically, Koodiyattom performances were confined to temple premises in Kerala, limiting its audience and outreach.
- However, Cholliyattom aims to bring this ancient Sanskrit theatre tradition to a broader audience by encouraging participation from artistes of diverse social backgrounds.
- The collective not only promotes collaboration among artistes but also strives to make the art more accessible to younger generations, ensuring its continuity and evolution.

About Koodiyattam:

Introduction:

Koodiyattam, a theatre tradition practiced for over two thousand years in Kerala, gained international recognition when UNESCO proclaimed it a ‘Masterpiece of Oral and Intangible Heritage of Humanity’ in 2001.
It was later inscribed on the Representative List of the Intangible Cultural Heritage of Humanity in 2008.
Koodiyattom, derived from the Malayalam word ‘koodiyattam’ meaning ‘combined act,’ is a unique fusion of ancient Sanskrit theatre with elements of Koothu, an ancient performing art from the Sangam era.

Koothu, also known as Therukoothu, is a traditional folk art from Tamil Nadu, where artists combine music, dance, and storytelling to narrate epic tales.
The performances are conducted in Tamil, and this art form dates back to the early Tamil country.
Koothu reached its zenith centuries ago, with mentions in Sangam literature, which also documents the development of Tamil literature (iyal), music (isai), and drama (natagam).
Koothu performances usually draw from scenes in ancient epics like the Ramayana, Mahabharata, and Tamil classical epics.
Notably, there is no spoken dialogue in the performances-only songs are used to convey the narrative.

History:

Koodiyattom, traditionally performed in temple theatres known as koothambalams, is the only surviving art form that incorporates drama from ancient Sanskrit theatre.
The art form evolved from Koothu, which has been mentioned in Sangam literature and temple inscriptions of the Pallava, Pandiyan, Chera, and Chola periods.
These performances, considered integral to worship, were conducted alongside devotional singing of hymns like Tevaram and Prabandam.
Notably, kings of the ancient period, including a Pallava king named Rajasimha, contributed by authoring works like Kailasodharanam that were performed as part of these sacred services.
Reformation by Kulasekhara Varma:
- Kulasekhara Varma, a medieval king from the Chera Perumal dynasty, is credited with reforming Koodiyattom.
- He introduced the local language for the Vidusaka role and restructured the presentation into well-defined units.
- He also authored two plays, Subhadradhananjayam and Tapatisamvarana, which are still performed today.
Other classical plays traditionally performed in Koodiyattom include Kalyanasaugandhika by Nilakantha, Nagananda by Harsha, and several plays by Bhasa, such as Abhiseka and Pratima.

Instruments and performance traditions:

Traditionally, the main musical instruments used in koodiyattam are the mizhavu, kuzhitalam, edakka, kurumkuzhal, and sankhu.
The mizhavu, the most prominent of these, is a percussion instrument that is played by a person of the Ambalavas Nambiar caste, accompanied by Nangyaramma playing the kuzhithalam (a type of cymbal).
- Percussion instruments are musical instruments that produce sound by being struck, shaken, or scraped. Examples-Drums, cymbals etc.
Traditionally, koodiyattam has been performed by Chakyars (a subcaste of Kerala Hindus) and by Nangyaramma (women of the Ambalavasi Nambiar caste).
The main actor is a Chakyar who performs the ritualistic koothu and koodiyattam inside the temple or in the koothambalam.
Chakyar women, Illotammas, are not allowed to participate. Instead, the female roles are played by Nangyaramma.
Koodiyattom performances are divided into three main parts:
- Purappadu: The actor performs a verse with the nritta aspect of dance.
- Nirvahanam: Through abhinaya (expressive gestures), the actor depicts the emotions and character of the play's protagonist.
- Koodiyattom: The final part, where the actual play begins, involving multiple actors performing in rhythm with the beats of the mizhavu drummers.

Modern revival:

In 1962, under the guidance of art and Sanskrit scholar V. Raghavan, Guru Mani Madhava Chakyar performed Koodiyattom outside Kerala for the first time at Sanskrit Ranga in Chennai.
This marked a significant moment in the evolution of the art form as it expanded beyond its traditional boundaries.

Decline:

Historically, Koodiyattom was an exclusive art form performed within Hindu temples and restricted to caste Hindus.
The art form, often requiring forty days to complete a performance, faced a significant decline with the collapse of the feudal order in Kerala during the 19th century, leading to a loss of patronage and financial difficulties for artists.
Despite a revival in the early 20th century, Koodiyattom once again struggles due to a lack of funding and institutional support.

Why do rings form around planets?

Context: A recent study published in “Earth and Planetary Science Letters” suggests that Earth may have once had rings similar to those of Saturn.

Major highlights of the study:

Scientists from Monash University, Australia analysed 21 crater sites on Earth from the Ordovician period (488-443 million years ago) and found that all impacts occurred near the equator, which is unusual since asteroid impacts usually occur at random latitudes. This suggests the presence of a ring over Earth's equator during that period.
This ring would have formed around 466 million years ago when an asteroid passing too close to Earth broke apart due to its gravity, and created a debris-laden ring around the equator. Over time, the debris from the ring fell to Earth, with larger pieces forming craters near the equator.
The ring over Earth’s equator would have had a profound impact on the Earth’s climate. The axial tilt of Earth relative to the Sun would mean that the rings would have shaded the winter hemispheres and increased solar flux to the summer hemispheres, potentially contributing to global cooling. Notably, Earth experienced significant cooling around 460-445 million years ago, coinciding with the peak of the Hirnantian Ice Age. However, further research and modelling are needed to confirm the connection.

Roche limit:

The Roche limit is the closest distance at which a satellite can approach its primary body (e.g., a planet) without being torn apart by the tidal forces exerted by the larger body.
In a two-body system, such as a planet and its satellite, two key forces act on the smaller body:

Internal Gravity of the Satellite: This is the cohesive force that holds the satellite together, resisting external forces.
Tidal Force from the Larger Body: This is the gravitational pull of the larger body (planet), which stretches the satellite and tries to pull it apart, especially along the line of gravitational force between the two.

When a satellite orbits beyond the Roche limit, its internal gravity is strong enough to resist the tidal forces, allowing it to maintain its structural integrity and orbit stably around the planet. E.g., Our Moon
- In the case of Earth, our moon is safely located far beyond the Roche limit, which is why it remains intact and orbits without disintegrating.
However, if the satellite crosses within the Roche limit, the tidal forces of the planet become stronger than the satellite's own gravity, causing it to disintegrate. The resulting debris from this disintegration forms a ring around the planet, much like the rings we see around Saturn and other gas giants.

Issues in estimating GDP

Context: National Statistical Organisation (NSO), the nodal agency responsible for estimating the GDP estimates is considering using GST data for estimating value addition. However, there are concerns about using unverified datasets and methodology for estimating GDP.

About Gross Domestic Product (GDP)

Most significant measure of a country’s economic size.
Universal denominator for comparing economic indicators across countries for comparing tax burdens or welfare expenditures.
For GDP calculation, economic output of all Residents (Includes foreign Residents within India & excludes Indian Citizens outside India.)
GDP is measured at two prices:
- Nominal GDP: Refers to GDP at current market prices i.e., the GDP is calculated as per the market prices for the year for which the GDP is calculated.
- Real GDP: Refers to GDP at base year prices i.e., GDP is calculated as per market prices in the base year. Thus, the Real GDP negates the inflation in goods and services. After a regular interval of 5-10 years, the GDP base year is revised to update the GDP for changes in relative prices and output basket of the economy.
- In case of high rate of inflation, nominal GDP would be quite higher than real GDP. However, in case of deflation, real GDP would be higher than nominal GDP.
The current GDP series was last revised in 2015 with 2011-12 as the base year. This GDP series is again due to revision with 2020-21 being proposed as the new base year.

Changes introduced in GDP estimating methodology

In 2015, the Central Statistical Office (CSO) made changes to computing methodology of GDP based upon recommendations of K Sundaram Committee. This has brought India’s methodology in line with international standards of System of National Accounting 2008.

Change in the base year from 2004-2005 to 2011-2012.
Change in Default GDP from the GDP at Factor Cost to GDP at Market Prices.
Sector wise estimates using GVA at Basic Prices i.e., GDP at Factor Cost + Production Taxes – Production Subsidies.
Calculation of GDP: GVA at basic prices + Product Taxes – Product subsidies.
Change in database from Annual Survey of Industries (ASI) to MCA-21 database of Ministry of Corporate affairs. MCA-21 database is used for estimating value addition by Private Corporate Sector, which accounts for 38% of GDP.
Improved coverage of financial corporations through information provided by SEBI, PFRDA, IRDA etc.

MCA-21 Database for GDP estimation

Before the MCA-21 database being used for GDP estimation, the Annual Survey of Industries (ASI) was used for estimating factory manufacturing value-added.
RBI’s small sample of large companies with majority paid-up capital of private corporate sector was used to estimate the non-financial corporate sector output.
Issues with the earlier approach:
- Annual Survey of Industries missed out on value addition outside factory premises in a corporate entity.
- RBI sample was inadequate to account for increasingly important private corporate sector.
- MCA-21 data is obtained from mandatory corporate annual and quarterly filings of corporate results. This database was expected to capture the corporate sector data more effectively.

Issues with the new series

Some economists have highlighted that these changes have inflated GDP numbers by around 2.5% on account of – Change in default GDP, Presence of shell firms(38%) in MCA database etc. However, Eco Survey 2018-19 has highlighted that these concerns are unfounded.
The new series of GDP in 2011-12 showed a marginally smaller absolute GDP size and a faster growth rate.
For the manufacturing sector in 2013-14, the new series showed an annual growth rate of 5.4% as compared to 1.9% using the earlier series.
Also, the sharp uptick in industrial sector in the new series did not correlate with other aggregates such as bank-credit growth, industrial capacity utilisation.
Long-term divergence between ASI & National Accounts data: Average annual growth rate of GVA in NAS was 6.2%, while it was only 3.2% in ASI. The deference was much sharper in GFCF: 4.5% by NAS and 0.3% by ASI, respectively.
This divergence led to scepticism against the new series of GDP estimates. For economists, the principal problem is the untested or unverified nature of MCA-21 database which leads to issues of overestimation of GDP.

Way forward

Thus, there is a need for caution when employing new datasets and methodologies while estimating GDP.

NSO should first employ pilot studies to validate the suitability of GST datasets for estimating value addition for specific industries, sectors and states. This is essential for confidence and integrity of GDP data.
NSO can explore reverting to the use of Annual Survey of Industries data as this data is now available with shorter time lag.

State Food Safety Index 2024

Context: Kerala, Tamil Nadu, and Jammu & Kashmir were ranked as the top three performers on the State Food Safety Index 2024.

Key findings of State Food Safety Index 2024:

Kerala has, for the second time in a row, topped the sixth State Food Safety Index (SFSI) 2024 and has achieved more than 100 per cent of its inspections target in FY24, improved its food-testing infrastructure and organised special drives to increase the number of license-holders and registrations, among other achievements.
Tamil Nadu has got a “significant number of full-time designated food safety officers.
Jammu and Kashmir got third position in the Index while Gujarat secured fourth position in the Index.
Nagaland was given special acknowledgement among the northeastern states as the index said that the hilly state showed overall progress in improving the food safety ecosystem compared to the previous year.
Eat Right campaign, the Pradhan Mantri Garib Kalyan Yojana, and the promotion of millets as important initiatives the centre took to ensure safe and good food.

About State Food Safety Index (SFSI):

Released by: Food Safety and Standards Authority of India (FSSAI).
Released on: June 7 on the occasion of World Food Safety Day.
1^st report: Since 2019.
Parameters: Human resources and institutional data , compliance, food testing infrastructure, training and capacity building, and consumer empowerment. In the 2023 index, a new parameter ‘Improvement in SFSI Rank’ was added
Objective: To foster healthy competition and catalyse positive change in the food safety ecosystem throughout the country, ultimately ensuring the provision of safe and wholesome food to all residents.

About FSSAI:

Body: Statutory body has been established under Food Safety and Standards , 2006. It works as an independent authority and attained a special status. The FSS Act took 7 older acts into one umbrella.

Prevention of Food Adulteration Act, 1954.
Fruit Products Order, 1955
Meat Food Products Order, 1973
Vegetable Oil Products (Control) Order, 1947
Edible Oils Packaging (Regulation) Order 1998
Solvent Extracted Oil, De- Oiled Meal and Edible Flour (Control) Order, 1967
Milk and Milk Products Order, 1992
Nodal ministry: Ministry of Health & Family Welfare, is the Administrative Ministry for the implementation.
Headed by: Non-executive chairperson, appointed by the Central Government, either holding or has held the position of not below the rank of Secretary.
Objective: To establish a single reference point for all matters relating to food safety and standards, by moving from multi- level, multi- departmental control to a single line of command.
Function:
- Framing of regulations to lay down food safety standards
- Laying down guidelines for accreditation of laboratories for food testing
- Providing scientific advice and technical support to the Central Government
- Contributing to the development of international technical standards in food
- Collecting and collating data regarding food consumption, contamination, emerging risks, etc.
- Disseminating information and promoting awareness about food safety and nutrition in India.

A Fresh Look at Water Policy – Water governance

Context - 2019 Mihir Shah-led Committee, constituted to draft the National Water Policy, submitted their report almost four years ago but still no actions have been taken.

What are the present issues in water governance in India?

Fragmented institutional network: multiple institutions like CWC, CGWB, state level agencies etc lead to poor coordination.
Over reliance on structuralist interventions: like creation of dams, canals, reservoirs and barrages to manage water supply largely ignored social, environmental, and ecological impacts.
Inefficient irrigation practices and excessive groundwater extraction.
Inter-state water disputes, such as the Cauvery and Yamuna water-sharing conflicts
Lack of decentralized approach in water management.
Water is viewed as a free commodity and no monetary value is attached with it
Ineffective implementation of laws related to waste water discharge.

What were the key recommendations of Mihir Shah committee?

Integrated Water Resources Management (IWRM): It proposed a systems approach to water, focusing on managing water resources sustainably within river basins and aquifers.
Creation of a National Water Commission (NWC) to replace the existing Central Water Commission (CWC) and the Central Ground Water Board (CGWB) to combining both surface and groundwater management and focus on water governance.
Decentralized water management: empowering local communities and stakeholders to take part in decision-making.
Water demand management: a shift from supply-side interventions (like dam construction) to demand-side management like water-saving techniques in agriculture, industrial, and domestic sectors.
Data and Technology: data collection, monitoring, related to water resources using modern technologies like remote sensing, GIS, and hydrological modelling and to create National Water Informatics Centre.

What future steps can be taken in this regard?

National water policy 2020 is the latest document which gives us a way ahead

Water should be understood as a dynamic component integral to the eco-hydrological cycle, rather than as a stock of resources to be exploited.
Valuation of ecosystem services linked to water flow regimes must be done
The river basin should be construed as the fundamental unit of governance.
Water efficiency must be focussed by shifting towards adopting water-saving methods.
A comprehensive assessment of water development projects is necessary, considering the integrity of the hydrological cycle.
Droughts and floods are not extreme events, but integral components of the global eco-hydrological cycle.
Gender considerations are critical, as emphasised in the Dublin Statement, which recognises that “women play a central role in the provision, management, and safeguarding of water”.