GS Paper 2

Seven dead, 27 rescued after avalanche hits Sikkim’s Nathu La

Context: Recently seven people were killed while 20 others have been rescued after five or six vehicles along with 20-30 tourists were hit by an avalanche near Nathu La.

About Nathu La:

  • Nathu La is a mountain pass in the Himalayan peaks that co-joins Sikkim and China.
  • It is one of the highest motorable roads in the world situated on the Indo-Tibetan border 14450 ft. above sea level.
  • Nathu means 'listening ears', and La means 'pass'. Nathu La is one of the three open trading border posts between India and China.
  • The temperature here remains low for most parts Located on the Old Silk Route, Nathu La Pass connects Sikkim to China’s Tibet Autonomous Region.
  • It was sealed for almost 4 decades after the People’s Republic of China suppressed a Tibetan uprising in 1959.
  • However, when the former Prime Minister of India, Atal Bihari Vajpayee visited China in 2003, talks to open the strategic route were resumed in 2006 and since then, it has served as an official Border Personnel Meeting (BPM) Point.
  • Since it is one of the three open trading border posts between India and China, Nathu La Pass has played a key role in the Sino-Indian Trade.
  • It has also shortened the distance between the important Buddhist and Hindu pilgrimage sites, thus strengthening the economy and improving border relations with China.
  • A valid permit to visit Nathu La Pass is given to only Indian Nationals.

How to combat corruption in India

What corruption is?

Corruption refers to the abuse of power or position for personal gain, typically involving bribery or dishonest behaviour. It involves the use of one's public or private office for personal benefit or the benefit of a group to which one belongs, rather than for the public interest or common good. Corruption can take many forms, including accepting or offering bribes, embezzlement, nepotism, fraud, and other illegal or unethical activities. Corruption undermines democratic processes, weakens the rule of law, and harms economic and social development.

Much evidence indicates that corruption has been around for thousands of years, but in recent years it has attracted increasing attention. Does the attention reflect an increasing awareness or an increasing scope of the problem? Probably, corruption has increased in recent decades. Actions can be taken to reduce corruption, but the fight against it cannot be seen independently from the need to reform the role of the state. The reason is that a certain role of the state almost inevitably creates a fertile ground for corruption.

Defining Corruption

  • Corruption is a term of many meanings, but at the broadest level, corruption is the misuse of office for unofficial ends. Office is a position of duty, or should be; the office-holder is supposed to put the interests of the institution and the people first.
  • Corruption can go beyond bribery to include nepotism, neglect of duty and favouritism. Corrupt acts can involve third parties outside the organisation (in transactions with clients and citizens, such as extortion and bribery) or be internal to an organisation (theft, embezzlement, some types of fraud). Corruption can occur in government, business, civil society organisations and international agencies. Each of these varieties has the dimension of scale, from episodic to systemic.

V.S. Naipaul, the Trinidad-born Nobel Prize winner, once noted that underdevelopment is characterised by a duplicitous emphasis on honorific titles and simultaneously the abuse of those titles: judges who love to be called “your honour” even as they accept bribes, civil servants who are uncivil and serve themselves.

Categories of corruption

  • Bribery: The act of dishonestly persuading someone to act in one’s favour by a payment or other inducement. Inducements can take the form of gifts, loans, fees, rewards or other advantages (taxes, services, donations, etc.). The use of bribes can lead to collusion (e.g. inspectors under-reporting offences in exchange for bribes) and/or extortion (e.g. bribes extracted against the threat of over-reporting).
  • Embezzlement: To steal, misdirect or misappropriate funds or assets placed in one’s trust or under one’s control. From a legal point of view, embezzlement need not necessarily be or involve corruption. Facilitation payment A small payment, also called a “speed” or “grease” payment, made to secure or expedite the performance of a routine or necessary action to which the payer has legal or other entitlement.
  • Fraud: The act of intentionally and dishonestly deceiving someone in order to gain an unfair or illegal advantage (financial, political or otherwise).
  • Collusion: An arrangement between two or more parties designed to achieve an improper purpose, including influencing improperly the actions of another party.
  • Extortion: The act of impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party.
  • Patronage, clientelism and nepotism: Patronage at its core means the support given by a patron. In government, it refers to the practice of appointing people directly.

What are the major causes of corruption?

Corruption is a phenomenon with many faces. It is characterised by a range of economic, political, administrative, social and cultural factors, both domestic and international in nature. Corruption is not an innate form of behaviour, but rather a symptom of wider dynamics. It results from interactions, opportunities, strengths and weaknesses in socio-political systems. It opens up and closes down spaces for individuals, groups, organisations and institutions that populate civil society, the state, the public sector and the private sector. It is, above all, the result of dynamic relationships between multiple actors.

Principal-agent

  • A principal-agent problem exists when one party to a relationship (the principal) requires a service of another party (the agent) but the principal lacks the necessary information to monitor the agent’s performance in an effective way.
  • The “information asymmetry” that arises because the agent has more or better information than the principal creates a power imbalance between the two and makes it difficult for the principal to ensure the agent’s compliance.
    • So, for instance, public servants or elected officials (who in this case would both be the agents) may be able to abuse their public office to secure private rents in exchange for public services because members of the public (the “principals” in this case) cannot hold them to account.

States and markets

  • Economic systems where the state is heavily interventionist (India before 1991) are also more prone to corruption.
  • The logic is that large involvement of the state in the economy, especially where checks and balances and wider accountability mechanisms are lacking, allows individual politicians and bureaucrats to manipulate markets as a means of generating profits through non-competitive mechanisms.
  • They use such mechanisms not only to enrich themselves but also to build a basis of patronage and political support.

Weak institutions

  • Weak governance is one of the fundamental causes of corruption. The political and economic opportunities available in different political systems, as well as the strength and effectiveness of state, social and economic, shape the conditions in which corruption can thrive.
  • In particular, the centralisation of power in the executive and in accountability mechanisms that are deficient gives actors (especially elites) too much discretion.

Much of the literature on institutions and corruption argues that corruption tends to be especially prevalent in so-called (neo-)patrimonial systems, where:

  • There is weak separation of the public and private spheres, which results in the widespread private appropriation of public resources;
  • Vertical (e.g. patron–client) and identity-based (e.g. kinship, ethnicity, religion) relationships have primacy over horizontal and rights-based relationships;
  • Politics are organised around personalism or “big man” syndrome, reflected in the high centralisation of power and patron–client relations replicated throughout society.

Neopatrimonialism is a system of social hierarchy where patrons use state resources to secure the loyalty of clients in the general population. It is an informal patron–client relationship that can reach from very high up in state structures down to individuals in small villages.

More generally, it is countries undergoing processes of political and economic transition (because of struggles over sources of accumulation, distribution of access, cost of buying legitimacy, etc.) that are particularly susceptible to corruption.

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Corruption and democracy/electoral competition in Plurality Systems:

  • Overall plurality systems (Like in India) are more candidate-centred, which tends to provide greater incentives for politics based on the allocation of patronage, especially if the systems encourage internal (i.e. within-party) competition among candidates.
  • Are less likely to produce desirable public goods. This is because so-called “pork barrel politics” (or the appropriation of government spending for localised projects secured to benefit a narrow group of citizens often in the politician’s home district) are more prevalent where the electoral system is based on candidate-centred electoral competition and candidates need to differentiate themselves from other candidates.
  • Are more prone to electoral malpractice. This is because, by contrast, parties operating in PR systems parties have a greater incentive to enforce compliance with electoral rules to protect party reputation than in plurality systems, which gives individual candidates greater leeway to manipulate the rules.
  • In addition, under plurality, in a close contest only a small number of votes needs to be manipulated to alter electoral outcomes, whereas a far greater number of votes would need to be altered in PR systems to achieve the same result.

Corruption and natural wealth: the resource curse

  • Ample evidence from across the developing world shows countries rich in natural resources also tend to be highly corrupt and poorly governed, in part because of the dynamics and incentives extractive resources tend to generate for the ruling elites.

Corruption as embedded in social relations

  • First, there is evidence that the public sector in some Sub-Saharan African countries is undergoing a process of “informal privatisation”. Rather than signifying an absence of rules, this process is characterised by an excess of complex de facto norms that are at odds with formal rules and blur the boundaries between licit and illicit practices.
  • Second, the boundaries between corrupt practices and other behaviour or actions are often difficult to define because corruption is situated within wider everyday practices that are not corrupt but often facilitate and legitimise corruption.

What are the major impacts of corruption?

  • Macroeconomic costs of corruption
    • Corruption need not have deleterious effects on growth, with countries that vary considerably in terms of their governance environments equally able to achieve high levels of sustained growth over time.
    • As governance quality increases, corruption becomes more damaging to economic growth.
    • Improved governance quality may be able to mitigate the effects of corruption
  • Microeconomic costs of corruption: firms, efficiency and domestic investments
    • There is a substantial body of evidence assessing the impact of corruption on firm profitability, and on the commercial behaviour and choices of individuals and businesses. The evidence overwhelmingly suggests corruption has negative impacts on productivity, on investment and, overall, on profitability and growth.
  • Corruption, trade and foreign direct investment
    • Just as domestic investors are likely to make decisions about production and investment affected by corrupt business environments, so importers, exporters and foreign investors are likely to amend their commercial calculations based on such factors.
    • Typically, they will have to weigh up the costs of engaging in corrupt activities against the benefits of short-term efficiency and/or longer-term profitability.
  • Corruption and inequality
    • Lower income households and businesses pay a higher proportion of their income in bribes than do middle- or upper-income households: as such, bribes are like a regressive tax, since they must allocate a greater amount of their income than the rich to bribes.
  • Corruption and public services
    • Perceptions of a government as corrupt may reduce tax revenues, in turn affecting the delivery of public services.
    • Corruption reduces not just the total level of public investment but also the quality of services procured.
    • The effects of corruption in public service delivery may have gender-specific effects: where women are unable to generate income, they are particularly vulnerable to shortfalls in public service provision.
  • Corruption, trust and legitimacy
    • Trust in public institutions
      • There is a large and statistically significant negative correlation between corruption and levels of confidence in public institutions.
      • Corruption drives down levels of confidence in public institutions; others suggest lower public confidence increases corrupt practices
    • Corruption and social trust
      • Increased levels of corruption undermine social trust
    • Corruption, fragility and conflict
      • Corruption and political instability is positively correlated.
      • Corruption “has doubly pernicious impacts on the risks of violence, by fuelling grievances and by undermining the effectiveness of national institutions and social norms”.
      • Deeper analysis explores some of the circumstances in which corruption may 1) mitigate for or 2) exacerbate conflict
  • Corruption and the environment
    • Corruption leads to worsened environmental outcomes, such as increased polluting emissions, higher rates of deforestation, increased depletion of natural resources and trafficking in illegal or highly regulated environmental products like wildlife and wood.

What are the measures which can act against corruption?

  • Public financial management
    • Public expenditure tracking: Budget tracking reduces leakage (a proxy indicator for corruption).
    • Procurement: reforms can be effective at reducing corruption.
    • Central budget planning and management: has positive effects on reducing corruption.
  • Supreme audit institutions (SAIs)
    • SAIs carry out audits on government accounts to ensure the proper and effective use of public funds, the proper execution of administrative activities, the development of sound financial management and the satisfactory sharing of information with public authorities and the general public.
  • Direct anti-corruption interventions
    • Anti-corruption authorities (ACAs): are ineffective in curbing corruption, but these are often constrained by a poor data foundation and lack of a systematic approach to evaluating performance.
    • National anti-corruption strategies: Design and implementation are critical to the success of NACSs and warns against a one-size fits-all approach. There is currently no evidence to suggest a NACS adds value above and beyond the constituent reforms and initiatives it aims to pull together and coordinate.
  • Social accountability
    • Social accountability mechanisms are intended to enable citizens to hold public institutions accountable in ways other than the traditional vertical channels (e.g. elections) and horizontal channels (e.g. legislatures, courts and institutional checks and balances) of formal political accountability.
    • It includes a broad range of mechanisms: participatory budgeting; public expenditure tracking (PETS); citizen monitoring of service delivery; information dissemination; and public complaints mechanisms, among others.
    • Transparency, and, linked to this, Access To Information, is generally expected to have a positive impact on corruption control.
    • Freedom of the press can reduce corruption and that the media plays a role in the effectiveness of other social accountability mechanisms.
    • Mobilisation and involvement of civil society organisations (CSOs) helps constrain corruption, although the impact is not always direct and is highly dependent on the conditions within which they operate.
  • Civil service reform
    • Factors accentuating corruption include proliferation of opportunities for corruption linked to economic growth; lack of focus on integrity in recruiting, training, appraising and promoting civil servants; failure to establish a merit-based civil service; and macro-level factors such as general accountability and transparency in the public service.
    • E-government initiatives may help reduce corruption and increase accountability in the civil service.

Overall, the evidence on the conditions under which different types of anti-corruption interventions help effectively reduce corrupt practices (or fail to do so) is mixed, and causal effects are hard to prove. The evidence on contextual factors influencing the effectiveness of anti-corruption reforms is still sparse, although its importance is increasingly being recognised, in particular for social accountability mechanisms. The difficulty of separating contextual factors from reforms, and the complexity of identifying the direction of causality, remains a challenge to clearly identifying contextual factors and their effects on reforms.

"Corruption is like a ball of snow, once it's set a rolling it must increase.

The quote by Charles Caleb Colton suggests that corruption can be a self-perpetuating phenomenon, much like a snowball that grows in size as it rolls downhill. Once corruption starts, it can be difficult to stop or reverse, and it may even become more widespread over time.

This analogy highlights the potential danger of corruption and emphasizes the importance of preventing it from taking root in the first place. By addressing the root causes of corruption and taking steps to promote transparency and accountability, individuals and institutions can help prevent corruption from gaining momentum and becoming a more significant problem.

Restructured PM SVANidhi Scheme for Street Vendors

Context: The Union Cabinet has approved the restructuring and extension of the Prime Minister Street Vendor’s AtmaNirbhar Nidhi (PM SVANidhi) scheme, extending the lending period from December 31, 2024 to March 31, 2030 with a total outlay of ₹7,332 crore. 

Relevance of the Topic: Prelims: Key facts about PM SVANidhi Scheme for Street Vendors.

Restructured PM SVANidhi Scheme for Street Vendors

  • The lending period has now been extended until March 31, 2030. 
  • Total outlay for the scheme is ₹7,332 crore. 
  • The restructured scheme aims to benefit 1.15 crore beneficiaries including 50 lakh new beneficiaries.  
  • Implementation of the scheme: Joint responsibility of Ministry of Housing & Urban Affairs (MoHUA) and Department of Financial Services (DFS). DFS will be responsible for facilitating access to loan/ credit cards through banks/financial institutions and their ground level functionaries. 

Key features of Restructured PM SVANidhi Scheme for Street Vendors: 

  • Enhanced loan amountacross first & second tranche:
    • First tranche loans have increased up to ₹15,000 (from ₹10,000)
    • Second tranche loans increased up to ₹25,000 (from ₹20,000)
    • Third tranche remains unchanged at ₹50,000 
  • Provision of UPI-linked RuPay Credit Card for beneficiaries who have repaid the second loan. UPI-linked RUPAY Credit Card would provide immediate access of credit to street vendors to meet any emergent business and personal requirements. 
  • Digital cashback incentives to the street vendors up to ₹1,600 on making retail & wholesale transactions. 
  • Scheme’s coverage is being expanded beyond statutory towns to census towns, peri-urban areas etc. in graded manner. 
  • Monthly Lok Kalyan Melas: To ensure holistic welfare & development of street vendors and their families, the ‘SVANidhi se Samriddhi’ component will be further strengthened.
  • Standard hygiene and food safety training for street food vendors, in partnership with FSSAI. 
  • Capacity-building measures such as entrepreneurship, financial literacy, digital skills, and marketing will be converged with other government initiatives. 

Achievements of PM SVANidhi Scheme: 

  • As of July 2025, over 96 lakh loans exceeding ₹13,700 crores have been disbursed to more than 68 lakh street vendors. 
  • Nearly 47 lakh digitally active beneficiaries have conducted transactions worth over ₹6.09 lakh crore. 

About PM SVANidhi (Prime Minister Street Vendor’s AtmaNirbhar Nidhi)

  • It is a micro-credit scheme
  • It was launched in 2020 as a central sector scheme fully funded by the Ministry of Housing and Urban Affairs.
  • It provides handholding support to street vendors to tide over pandemic-induced economic stress.
  • It facilitates collateral-free loans of ₹10,000, of one-year tenure with subsequent loans of ₹20,000 and ₹50,000 with a 7% interest subsidy
  • The Scheme has a provision of Graded Guarantee Cover for the loans sanctioned, to be administered by the Credit Guarantee Fund Trust for Micro and Small Enterprises (CGTMSE)
  • The Town Vending Committee (TVC) plays a very important role in the identification of beneficiaries under this scheme.

Objectives of PM SVANidhi

  • To facilitate working capital loan up to `10,000
  • To incentivize regular repayment; and
  • To reward digital transaction

Eligibility Criteria

The PM SVANidhi scheme is available to all street vendors engaged in vending in urban areas before March 24, 2020. The eligible vendors are identified as per the following criteria:

  • Street vendors in possession of Certificate of Vending/Identity Card issued by Urban Local Bodies (ULBs)
  • The vendors, who have been identified in the survey but have not been issued a Certificate of Vending/Identity Card; Provisional Certificate of Vending would be generated for such vendors through an IT-based Platform. ULBs are encouraged to issue such vendors the permanent Certificate of Vending and Identification Card immediately and positively within a period of one month
  • Street Vendors, left out of the ULB-led identification survey or who have started vending after completion of the survey and have been issued a Letter of Recommendation (LoR) to that effect by the ULB/Town Vending Committee (TVC)
  • The vendors of surrounding development/peri-urban/rural areas vending in the geographical limits of the ULBs have been issued a Letter of Recommendation (LoR) to that effect by the ULB/TVC.

Eligibility of States/UTs

  • The Scheme is available for beneficiaries belonging to only those States/UTs which have notified Rules and Scheme under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.
  • Beneficiaries from Meghalaya, which has its own State Street Vendors Act may, however, participate

Who can lend

  • Scheduled Commercial Banks
  • Regional Rural Banks (RRBs)
  • Small Finance Banks (SFBs)
  • Cooperative Banks
  • Non-Banking Finance Companies (NBFCs)
  • Micro Finance Institutions (MFIs) and
  • SHG Banks established in some States/UTs e.g., Street Nidhi etc.

The lending institutions will be encouraged to use their network of field functionaries i.e. Business Correspondents (BCs) / Constituents/ Agents extensively to ensure maximum coverage of the scheme

Oil surges as OPEC+ surprise output cuts shake markets

Context: Globally oil prices surged, posting the biggest daily rise in nearly a year, after a surprise announcement by OPEC+ to cut more production jolted markets.

The Organization of the Petroleum Exporting Countries and their allies including Russia shook markets by announcing further production cuts of about 1.16 million barrels per day (bpd).

How this price is being raised?

Through intentional cut in the oil supplies by the OPEC+ members.

About Organisation of the Petroleum Exporting Countries (OPEC)

  • OPEC is a permanent intergovernmental organisation of 13 oil-exporting developing nations that coordinates and unifies the petroleum policies of its Member Countries.
  • In economics terms, OPEC is a cartel (A cartel is an organisation created from a formal agreement between a group of producers of a good or service to control supply or to regulate or manipulate prices).
  • OPEC provides more than 70% of the world's oil requirements.

History

It was created at the Baghdad Conference on September 10–14, 1960, by Iran, Iraq, Kuwait, Saudi Arabia and Venezuela.

Objective

To coordinate and unify petroleum policies among Member Countries, in order to secure fair and stable prices for petroleum producers; an efficient, economic and regular supply of petroleum to consuming nations; and a fair return on capital to those investing in the industry.

  • The OPEC Secretariat is the executive organ of the Organization. Located in Vienna (previously in Geneva), it also functions as the Headquarters of the Organization, in accordance with the provisions of the OPEC Statute. It is responsible for the implementation of all resolutions passed by the Conference and carries out all decisions made by the Board of Governors. It also conducts research, the findings of which constitute key inputs in decision-making.
  • OPEC publications: World Oil Outlook and Annual Statistical Bulletin.
  • OPEC+ is a group of non-OPEC member countries that also participate in the organisation's initiatives such as voluntary supply cuts in order to further bind policy objectives between OPEC and non-OPEC members. This loose grouping of countries, known as OPEC+, includes Azerbaijan, Bahrain, Brunei, Kazakhstan, Malaysia, Mexico, Oman, Russia, South Sudan and Sudan.

ICCR to build ambassador programme among foreign students in India

Context: By drawing on the experiences of foreign students who are currently studying here, the Indian Council for Cultural Relations (ICCR) aims to increase the country's artistic and creative influence throughout the world. 

More about news

  • The council expects that more than 48,000 foreign students who are now enrolled in Indian Universities will work as brand ambassadors for India's culture, history, tourist destinations, textiles, yoga, ayurveda, and handicrafts.
  • The ICCR will launch E3, or exit engagement nights: With foreign students starting three to four months before they complete their coursework. 
  • Visits to national monuments are part of the engagements. As students return to their home countries, this "soft diplomacy" is supposed to help spread the word about India.
  • The Indian Tourist Development Corporation, the Khadi Commission, and the Department of Ayush have been chosen by the ICCR to host these evenings. 
  • Aim: In addition to retaining their ties to India, the aim is that they bring some business back to India.
  • India Alumni Portal, 2022: To communicate with the international students from all around the world who have studied in India. 

INDIAN COUNCIL FOR CULTURAL RELATIONS

  • Founded in 1950 by Maulana Abul Kalam Azad, the first Education Minister of independent India. 
  • It is an autonomous organisation that comes under the Ministry of Culture.
  • The council's headquarters are in New Delhi, and it also operates through worldwide missions. 

Organization

  • To facilitate its operations, the Council may establish sections at its headquarters, regional offices in different parts of India, and cultural centres and offices overseas. 
  • The Council shall be a corporate body, shall have a permanent seal, and may be sued in its corporate name. 

Objectives 

  • Fostering and strengthening cultural ties and mutual understanding between India and other countries; 
  • Promoting cultural exchange with other countries and peoples;
  • Developing relationships with national and international organisations in the field of culture;
  • Taking part in the formulation and implementation of policies and programmes relating to India's external cultural relations.

Activities

  • The council administers several scholarship initiatives each year and provides scholarships to international students from over 180 different nations under 21 distinct programmes. 
  • Six of these 21 programmes are supported by ICCR through its funding, while the remaining 19 are managed on their behalf by the Ministries of External Affairs and Ministry of Ayush. 
  • As part of its efforts to promote "Digital India," ICCR created the "Admissions to Alumni (A2A) Portal" to simplify the application process. The portal includes names of Indian universities as well as any pertinent information on scholarship programmes. 
  • With a wide range of initiatives, the Council carries out its role of cultural diplomacy. The ICCR promotes individual artists in the performing arts and the visual arts in addition to organising cultural festivals both domestically and abroad. It also provides financial support to a number of cultural organisations in India.

Note: 

Soft Diplomacy/ Soft Power

  • The phrase "soft power" was first used by Joseph Nye. The ability to influence other countries by persuasion and appeal rather than coercion or force is known as soft power. Education diplomacy, science diplomacy, public diplomacy, and digital diplomacy are a few of the diplomatic strategies used to develop soft power.
  • Indian example: India has been utilising yoga diplomacy as a strategy for cross-cultural dialogue and global collaboration.  Its centrepiece event is International Yoga Day (June 21 since 2015). It has been celebrated across the world annually on June 21 since 2015, following its inception in the United Nations General Assembly in 2014.

Difference between hard and soft power:

  • Hard power is the tactic of influencing another state's behaviour by coercion, military force, or economic force.
  • The use of culture, values, and ideas to influence the preferences of others is known as "soft power. 
  • By instilling a desire for the aims of the power holder, soft power tries to exert indirect  influence, whereas hard power uses coercion to accomplish its goals.

Several examples in which soft power tools are utilised in global politics and international 

Relations: 

1.E-diplomacy It involves influencing public opinion and intercultural dialogue through the use of websites, blogs, and social media. Social media's significance during the Arab Spring encouraged the use of Twitter and Facebook diplomacy. 

2.Cultural diplomacy Developing relationships with other groups and promoting understanding of a nation's values and culture. Festival and exhibition planning, artist exchanges, and financial assistance for artistic endeavours are examples of cultural diplomacy. 

3.Public Diplomacy

Public diplomacy is used to build relationships with individuals around the globe and project a positive image.  It is a key component of soft power. Countries strengthen ties, advance their foreign policy goals, and boost their influence in the world through public diplomacy.

4.Sports diplomacy

Soft power is increasingly including sports diplomacy as a key component. 

The FIFA World Cup and other events that Qatar has hosted have enhanced its reputation. 

Countries make a lot of lobbying efforts to host sporting events like the Olympics, World Cup,  because of the importance of these events for soft power. 

5.Economic diplomacy

The "Marshall Plan" was employed to build the European Union's economy after World War II. It also influenced the interests of society and culture in Europe. Another example of something that impacts more than just infrastructure and economic development is China's Belt and Road Initiative.

China Bhutan Border Talks

Context: Bhutan’s fifth King Jigme Khesar Namgyel Wangchuck is set to arrive in India at the invitation of President Droupadi Murmu, all eyes will be on his talks with Prime Minister Narendra Modi, and any possible discussions on the progress in Bhutan-China border talks.

This will be the first such high-level meeting between the two leaders since Bhutan and China’s talks on their boundary made rapid progress. Mr. Modi and Bhutan’s PM Lotay Tshering have spoken often on the phone, but last met for bilateral talks in Thimphu in August 2020.

The leaders were expected to discuss India’s support to Bhutan for its five year plans. At present, the Indian government’s assistance towards Bhutan’s 12th five year plan (2018-23) amounts to ₹4,500 crore.

Cause of concern

In October 2021, Bhutan and China signed a Memorandum of Understanding for a “three-step roadmap” to expedite border resolution talks.

The discussion centres on two valleys to Bhutan’s north and the Doklam area to the west of Bhutan, close to the trijunction with India, which was the site of a stand-off between Indian and Chinese forces in 2017.

India has been particularly watchful of any possibility of a “swap agreement” between the two countries that could affect its security at the trijunction.

In January 2023, Bhutan and China held talks in Kunming, and reached a “positive consensus” on how to move forward with the talks. 

Earlier Bhutanese PM has in an interview to a Belgian newspaper has explained that he hoped to complete boundary demarcation talks on disputed areas in the next “one or two more meetings” and that a visit by a Chinese “technical team” was expected shortly in Bhutan.

The Bhutanese PM’s comments on discussing the Doklam trijunction dispute “trilaterally”, with Bhutan, India and China as “equal” interlocutors, set off a storm in Delhi

Border Dispute between Bhutan and China

Disputed region between Bhutan and China

Like the Sino-Indian border, the entire 477-km Bhutan-China border is also disputed. Significant Chinese claims range from three areas in western Bhutan, including Doklam, three regions in the north

Border talks between the two sides(Bhutan and China) began in 1984, and from the seventh round in 1990,China has continued to push a “package proposal”, which would see it concede its northern claims with an area of 495 sq km, in exchange for Bhutan agreeing to China’s western claims, including 89 sq km of Doklam.

Why China is pushing for Package Deal

There were two reasons for this.

  • First, adding territory in the west would help enlarge the narrow and strategic Chumbi Valley.
  • Second, possession of Doklam would give it a military advantage over India. The Doklam area is not of particular strategic significance for Bhutan, but it is important for India since it gets the Chinese to the Zompelri (Jampheri) ridge, which gives them a commanding view of India’s Northeastern jugular, also known as the Siliguri Corridor.

Breakdown of Talks

  • The two sides were very near for the finalisation of deal during the 10th round of talks, however when the two sides met for their 11th round in November 1996, Bhutan backed off, and many believe that India played a role in this. So in 1998, China and Bhutan signed an agreement to freeze the border as of 1998, pending further talks
  • The problem for the tiny Himalayan kingdom is that, unlike, its neighbourhood, it is not very populous, with just some 750,000 people in an area of 38,000 sq km — a little smaller than Denmark but with one-seventh of its population. Its capacity to police its disputed borders is limited, as has been evident over the years that it has dealt with China.
  • In Asia, China sees Bhutan, where it does not yet have an embassy, as the last frontier. Having made inroads into Indian pre-eminence in Nepal, Sri Lanka and Bangladesh, Beijing would like to challenge New Delhi’s special relationship with Bhutan as well. Recent events, including Doklam and the revival of its claim in the eastern region, can be seen as systematic Chinese pressure to push the Bhutanese to comply with its demands.
  • Beijing's surprise move came during a virtual conservation meeting in June, when it laid claim for the first time to Sakteng Wildlife sanctuary, which spans about 740 sq km (285 sq miles) in eastern Bhutan. Chinese foreign ministry explained that "the boundary between China and Bhutan is yet to be demarcated, and the middle, eastern and western section of the border are disputed". The eastern section was an obvious reference to the Sakteng reserve.
  • Scholars believe that inclusion of Sakteng as a disputed territory by China, was an effort by the Chinese diplomacy to strong arm Bhutan, to bring it back on negotiation table and the diplomatic effort has yield a positive result for China.

The relationship between India and Bhutan

History of relationship between India and Bhutan

  • Ancient kingdom of Bhutan was originally the State of Monyul  and also as the country of Drukpas or the ‘land of thunder dragons’.
  • India’s relations with Bhutan go back to 747 AD when a Buddhist monk Padmasambhava went from India to Bhutan and led the Nyingmapa sect of Buddhism India contributed to the cultural growth of Buddhism in Bhutan. 
  • Among India’s South Asian neighbours, India’s relations with Bhutan remain a model worthy of emulation
  • The trust deficit shown by other South Asian neighbours is not visible in Bhutan’s attitude towards India.
  • Both have historically shared a very close relationship with each other.
  • A trusted partner: India Bhutan ties are governed by 1949 Friendship Treaty (amended in 2007)

1949 : India-Bhutan treaty of friendship & co-op : treaty’s origin can be traced to treaty of punakha.

  • When India became independent in 1947, Nehru went on a horseback to Bhutan to build relations and advised King J D Wangchuk to build relations with India.
  • Bhutan also preferred India over China as, in 1949, when China took over Tibet, it did create tensions and fears of annexation in Bhutan.
  • In 1949, India and Bhutan concluded a Treaty of Friendship.
  • Treaty stated Bhutan and India are natural partners with inseparable future.

The features of the treaty are :

  • Art. 1: India-Bhutan friendship is for all times to come.
  • Art. 2: Suggests that Indian government shall not interfere in the internal affairs of Bhutan, in return Bhutan gave an undertaking, that it would be guided by India in context of its external affairs.
  • Treaty provided for other special provisions like visa free travel, national treatment of goods etc.
  • states that both countries will ensure perpetual peace, friendship and protect each other’s national interests.
  • As per the precepts of national treatment, Indian citizens have same right for employment in Bhutan as Bhutani nationals do in India. The treaty has a special mention of a clause of extradition.

The 2007 Treaty : India’s Bhutan friendship treaty from a guiding role in Bhutan’s modernization, India & Bhutan moved forward now standing as “close friends” & the “equal partner” in the global arena.

  • Following Bhutan’s insistence, the 1949 treaty was revised. The article-2 of 1949 treaty was replaced. 

Article-2 of 2007 treaty : replaced art-2 of 1949 which had replaced Bhutan would be guided by India in context of its external affairs/foreign policy matters.

  • Now it states : India and Bhutan shall co-op closely with each other on issues relating to their national interests/security. Neither govt shall allow the use of its territory for activities harmful to the national security & interest of the other.

Significance of revision of treaty

The 2007 treaty addressed any fears among Bhutanese Elite, against the possibility of India unfairly holding people hostage for its own geopolitical interests.

India anyways had never invoked article 2 of 1949 treaty in the past. If anything, the clause had been a Burden, for if allowed Indian adversaries to Accuse it of having hegemonic and expansionist ambitions.

Changing Dynamics of relationship between India and Bhutan

  • Friendship under strain: Though the friendship treaty is the bedrock of relationship it is ironical that Bhutan takes it with the pinch of salt. India’s big brotherly attitude in its neighbourhood is not taken well even by Bhutan. Though Doklam was a diplomatic victory but some political analysts branded it as India’s self-image as a protectorate.
  • Also, the political meddling, regime management and economic arm twisting (blockade in 2013) increases Bhutan’s mistrust for India’s intention
  • Biased strategic approach: Bhutan has often accused India of India first approach rather than a bilateral one. Bhutan sees itself a sovereign and often India’s sovereignty comes first anytime when there is instability in the neighbourhood. E.g. To India the most immediate concern is Chinese increasing incursion in the trijunction area in general and its physical presence in Chumbi valley in particular. Chumbi valley is very close to the Siliguri corridor (Chicken neck) to which if China gets complete access from Bhutan and its contested territory settlement; it can give a strategic edge to China threatening Indian sovereignty once and for all. That is why India held its ground during Doklam.
  • Also, China is expanding through Belt Road Initiative (BRI) a mega connectivity project with strategic implication for India particularly. The western contested China-Bhutan territory is essential for the project i.e. for the railway line from Lhasa-Shigatse to Nepal and later to Bhutan. Therefore, China is keen to swap northern part for territories in western Bhutan.
  • India sees Bhutan from a Chinese prism, increasing sensitivities on the Bhutanese side. Doklam upstanding of India was seen by many to protect its own interest not the territorial interest of Bhutan. Bhutan has become sceptical of India protecting its national interest as China looms larger in the region due to its growing military and economic prowess.
  • Economic Drift: India Bhutan economic ties are stronger but Bhutan now sees itself as a self-reliant economy which is being thwarted due to one sided Indian commercial policy. According to Bhutanese analysts, Bhutan’s economy has become auxiliary to India’s economic intervention model. The study has found that over 60% of government expenditure goes into the import of goods from India. Further, 75 per cent of the country's external debt is accounted by hydropower loans and India accounts for 80 per cent of Bhutan's exports.
  • India’s stranglehold over Bhutan’s economy along with unfair business practices often leads to economic crisis such as the debt and rupee crunch. The fundamentals of economic dependency including the hydropower projects are becoming subjects of debate, with the unfair tariff rates, time runs and a jobless growth.
  • The remedy they see lies in diversifying its economy from a hydropower based economy to Multi-diverse one and China has a great role to play in this diversification being an economic powerhouse.

Current issues: Bhutan has raised with India at the highest level, several issues related to the hydropower projects. They are:

  • New projects finalised as joint-venture with India have stringent financing terms (high interest rates) i.e. a 70:30 loan grant ratio.
  • India has become a power surplus country and questions have been raised in Bhutan about the availability of India's market for Bhutan's power exports.
  • Delay in execution of projects, issues related to Settling tariff rates and impact of GST, all such concerns need to be addressed at the earliest.
  • The 1200 MW Punatshangchhu-I , the 1020 Punatshangchhu-2 and 720 MW Mangdechhu project need to be completed at the earliest.
  • The Indian side witnessed massive flooding in the downstream state of Assam in 2014. Bhutan alleges today that due to hydro cooperation with India, there is a dominance of Indian firms in Bhutan.
  • It feels that an overwhelming presence of Indian firms in Bhutan has restricted the space of growth for the Bhutanese corporate sector. 
  • The Indian firms end up recruiting cheap Bangladeshi labour, as a result of which Bhutanese don’t stand to benefit from the diplomacy.

Suggestions

  • Recalibrating the friendship: India should take Bhutan’s perspective of India’s dominant status in south Asia for a balanced approach in implementing the friendship treaty
  • It has to build Bhutan’s trust on India’s intention by following the treaty in letter and spirit and not on a chose and pick basis. The carrot and stick policy should be abandoned to rebuild the faith in the friendship treaty.
  • Strategic balancing: Bhutan and India, bilaterally should look at all matters of territorial incursions. India needs to develop a standalone Bhutan policy that is independent of Chinese lens.
  • Regional grouping: India-Bhutan should cooperate and coordinate their national interests. The BRI of China can have huge implication for sovereignty and security of both countries therefore both needs to connect by lessening the barriers.
  • The operationalisation of BBIN motor vehicle agreement (Bhutan Bangladesh India Nepal) can be good for starters.
  • Inclusive Economic ties: India has to make efforts to reduce Bhutan’s debt fears. Operationalisation of the pending projects can reduce the fears.
  • There is no harm in diversifying one’s economy and India should see it as a new opportunity to partner with Bhutan and help diversify its economy. It should transform its relation from an aid provider to an investment led developer. Skilling Bhutan’s youth, developing a bilateral tourism policy and increasing private investment can be helpful for both.

Way forward for India

  • Bhutan has supported the Indian stance on most issues except for a few affirmations of independent strategic policy making on a few occasions
  • Bhutanese politics, despite the transition to democracy, respect the monarchy heavily. For India, this is a major pivot to ensure continuity in India-Bhutan relations and mutually arrived at geopolitical stances
  • With our longstanding relationship with Bhutan, the Indian focus needs to be on contributing in areas that affect the populace more and in areas that are a priority for the man on the street
  • Such issues include education, healthcare, agriculture, development of the tourism industry
  • India already purchases hydropower from Bhutan and is committed to constructing additional hydropower projects in Bhutan
  • In fact, the sale of power to India is Bhutan’s biggest foreign exchange earner
  • India-Bhutan relationship has a huge ancient cultural linkage which needs to be leveraged. The revered Guru Padmasambhava associated with Vajrayana Buddhism that has a huge following in Bhutan was from India
  • The Indian approach to Bhutan has necessarily to be tailored while being sensitive to the growing Bhutanese aspirations of being considered as an equal.

Mahila Samman Savings Certificate, 2023 (Mssc)

Context: Union Budget 2023-24 announced  a one-time new small savings scheme, Mahila Samman Savings Certificate which will be made available for a two-year period up to March 2025. This will offer deposit facility up to Rs 2 lakh in the name of women or girls for a tenor of 2 years at fixed interest rate of 7.5% with partial withdrawal option. To operationalise this scheme, Department of Economic Affairs has now notified the Mahila Samman Savings Certificate Scheme. 

About Mahila Samman Savings Certificate

  • Application for opening an account: Application for opening an account under MSSC Scheme shall made by a woman for herself, or by the guardian on behalf of a minor girl on or before 31st March, 2025. The account will be single holder type account.
  • Deposits: A maximum limit of two lakh rupees can be deposited in an account or accounts held by an account holder. An individual may open any number of accounts subject to maximum limit for MSSC and time gap of three months shall be maintained between existing account and opening another account. Minimum amount for opening is an account is thousand rupees and any sum in multiples of one hundred rupees and no subsequent deposit shall be allowed in that account. 
  • Interest: Deposits made under this scheme shall bear interest rate of 7.5% per annum compounded on quarterly basis. 
  • Payment of maturity: Deposit shall mature on completion of two years from the date of deposit.
  • Withdrawal from account: Account holder shall be eligible to withdraw maximum up to 40% of Eligible Balance once after expiry of one year from the date of opening of account but before maturity of the account. 
  • Premature closure of account: The account can be closed prematurely only after completion of 6 months since the opening of account in the following cases:
    • Death of account holder.
    • If post office or bank concerned is satisfied, in cases of extreme compassionate grounds such as medical support in life threatening diseases, death of guardian. 
  • Administrative control of the scheme: Department of Economic Affairs under Ministry of Finance has notified Mahila Samman Savings Certificate Scheme, 2023 under the Government Savings Promotion Act, 1873.

India needs a national programme on autism

Context: World Autism Awareness Day was celebrated on 2nd April Which highlights the fact that more than one crore Indians are affected with autism which requires the intervention of the government.

What is autism? 

Autism is a developmental disorder with symptoms that appear within the first three years of life. Its formal diagnostic name is autism spectrum disorder (ASD). The word “spectrum” indicates that autism appears in different forms with varying levels of severity. That means that each individual with autism experiences their own unique strengths, symptoms, and challenges.

How autism spectrum disorders are described?

Psychiatrists and other clinicians rely on the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) to define autism and its symptoms. The DSM-5 definition recognizes two main symptom areas: 

  • Deficits in social communication and interaction Restricted, 
  • Repetitive behaviours, interests, or activities.

These symptoms appear early in a child’s development—although diagnosis may occur later. Autism is diagnosed when symptoms cause developmental challenges that are not better explained by other conditions. 

Autism symptoms and behaviours 

Individuals with autism may present a range of symptoms, such as: 

  • Reduced eye contact 
  • Differences in body language 
  • Lack of facial expressions 
  • Not engaging in imaginative play 
  • Repeating gestures or sounds 
  • Closely focused interests 
  • Indifference to temperature extremes 

These are just a few examples of the symptoms an individual with autism may experience. Any individual could have some, all, or none of these symptoms. 

Keep in mind that having these symptoms does not necessarily mean a person has autism. Only a qualified medical professional can diagnose autism spectrum disorder. 

Each person with autism has their own strengths, likes, dislikes, interests, challenges, and skills, just like you do. 

How autism is diagnosed? 

There is no known biological marker for autism. That means that no blood or genetic test can diagnose the disorder. Instead, clinicians rely on observation, medical histories, and questionnaires to determine whether an individual has autism. Physicians and specialists may use one or several of the following screening tools: 

  • Modified Checklist for Autism in Toddlers, Revised (M-CHAT), a 20-question test designed for toddlers between 16 and 30 months old. 
  • The Ages and Stages Questionnaire (ASQ), a general developmental screening tool with sections targeting specific ages used to identify any developmental challenges a child may have. 
  • Screening Tool for Autism in Toddlers and Young Children (STAT), an interactive screening tool, comprising 12 activities that assess play, communication, and imitation. 
  • Parents’ Evaluation of Developmental Status (PEDS) is a general developmental parent interview form that identifies areas of concern by asking parents questions. 

In rare cases, individuals with autism reach adulthood before receiving a diagnosis. However, most individuals receive an autism diagnosis before the age of 8. 

Autism Prognosis 

Autism is a lifelong condition, and a wide variety of treatments can help support people with ASD. The symptoms and comorbidities—conditions occurring in the same individual—are treatable. 

  • Early intervention delivers the best results. Parents and caregivers should seek out the advice of a qualified medical professional before starting any autism treatment. 
  • Advances in understanding autism, its symptoms, and comorbidities have improved outcomes for individuals with autism. 

Co-occurring conditions 

When a person has more than two or more disorders, these conditions are known as comorbidities. Several comorbidities are common in people with autism. These include: 

  • Anxiety 
  • Depression 
  • Epilepsy 
  • Gastrointestinal and immune function disorders 
  • Metabolic disorders 
  • Sleep disorders 

Identifying co-occurring conditions can sometimes be a challenge because their symptoms may be mimicked or masked by autism symptoms. However, diagnosing and identifying these conditions can help avoid complications and improve the quality of life for individuals with autism. 

Why India needs a national programme on autism?

  • Cultural differences and diagnosis: The majority of children with an autism spectrum diagnosis within the United States and the United Kingdom are likely to be verbal, with average or higher than average IQ, and attend mainstream schools. In contrast, a significant majority of children in India who get a clinical diagnosis of autism often also have an intellectual disability and limited verbal ability. 

Autism is assessed behaviourally, and behavioural assessment tools (i.e., questionnaires or interviews with professionals) are the starting point for all research and clinical work on autism. Yet, most of the widely used autism assessment tools have limited availability in Indian languages.

  • Poor supply of specialists in India: According to the latest estimates, India has less than 10,000 psychiatrists, a majority of whom are concentrated in big cities. 

While the number of mental health professionals continues to grow, the current gap between demand and supply cannot be met directly by the specialists alone. 

This gap is not relevant for behavioural assessments alone but also for providing psychological interventions. Parallel efforts to widen the reach of diagnostic and intervention services by involving non-specialists (e.g., Accredited Social Health Activist (ASHA)/Anganwadi workers, parents/caregivers) and the appropriate digital technology (e.g., apps, smartphones) that can capture both self/caregiver report as well as observational data.

What should be the components of the all-India programme on autism?

A national programme on autism should aim at:

  • linking researchers, clinicians, and service providers to the end-users in the autism community in India. 
  • Assessment, 
  • Intervention, and 
  • Awareness. 
  • Promoting R&D in the Autism
  • Expansion of clinical and support service workforce by training non-specialists such that a stepped-care model can be rolled out effectively across the nation. 
  • Consultation with different stakeholders

For judiciary, the red lines are bright and clear

Context: The role of constitutional courts in shaping the social, cultural and traditional values of a society has become a subject of intense debate in recent years. Public interest litigants and civil society groups often approach courts seeking their intervention when the legislature or executive fail to address issues related to tradition, culture and society. However, courts must be careful to consider whether such a role falls within their constitutional mandate, given the principle of separation of powers. This article explores the limits of the judiciary's role as societal arbiters and the importance of respecting the institutional independence and competence of the legislature and executive.

Constitutional courts have been thrust into the spotlight in recent years as the line between judicial and legislative roles has become blurred. While the judiciary has the power of review over the other two organs, it must exercise this power with restraint, respecting the separation of powers and the institutional independence and competence of the legislature and executive. This article examines the fundamental principles of constitutional morality that guide the exercise of judicial review and emphasizes the importance of preserving the sanctity of the doctrine of separation of powers to ensure participative democracy in letter and spirit.

The Indian judiciary has played a pivotal role in shaping the country's legal landscape, especially in the context of judicial activism and judicial overreach. These two concepts are highly debated in India and are an essential topic for the UPSC aspirants to understand. If we look at the General Studies- II: Governance, Constitution, Polity, Social Justice and International relation: Structure, organization and functioning of the Executive and the Judiciary. 

Judicial activism refers to the proactive role played by the judiciary in protecting fundamental rights and promoting social justice, whereas judicial overreach occurs when the judiciary goes beyond its constitutional mandate and encroaches upon the authority of the legislative or executive branches of government. 

In this article, we will discuss examples of judicial activism and instances of judicial overreach in India, examine the causes behind these two concepts, and explore the concerns over judicial overreach. Understanding the nuances of these issues is crucial for the UPSC aspirants to navigate India's legal and constitutional landscape and to uphold the principles of justice and the rule of law.

So we are going to cover: 

Let us first understand the two: 

Judicial activism refers to a judge's willingness to use their power to shape or even create law, rather than simply interpreting existing laws. This approach can involve using constitutional provisions to strike down laws that the judge believes are unconstitutional, or interpreting laws in a broad or expansive way to achieve a particular outcome. Proponents of judicial activism argue that it can be an important tool for protecting individual rights and promoting social justice.

Some examples of judicial activism in India include:

  • The Vishaka case: In 1997, the Supreme Court of India laid down guidelines to prevent sexual harassment of women in the workplace, even though there was no specific law in place to address the issue.
  • The Delhi Vehicular Pollution case: In 1998, the Supreme Court banned the use of old and polluting vehicles in Delhi to control air pollution, even though the government had not taken adequate measures to address the problem.
  • The Narmada Bachao Andolan case: In 2000, the Supreme Court ordered a halt to construction of the Sardar Sarovar Dam on the Narmada River until rehabilitation measures for displaced villagers were completed.
  • The Right to Information case: In 2005, the Supreme Court ruled that the right to information is a fundamental right under the Constitution and directed all public authorities to disclose information to citizens under certain conditions.
  • The Section 377 case: In 2018, the Supreme Court struck down Section 377 of the Indian Penal Code, which criminalized homosexuality, on the grounds that it violated the fundamental rights of individuals.

These are just a few examples of judicial activism in India. The judiciary has played a vital role in shaping and protecting the rights of citizens in the country.

Judicial overreach refers to situations where a judge goes beyond the bounds of their authority or role in the legal system. This can happen when a judge makes decisions that are not supported by the law, or when they exceed their constitutional authority. Critics of judicial overreach argue that it can undermine the rule of law and the separation of powers between the different branches of government.

Instances of judicial overreach in India

  • The National Judicial Appointments Commission (NJAC) case: In 2015, the Supreme Court struck down the NJAC Act, which aimed to replace the collegium system of appointment of judges with a new commission. The court ruled that the NJAC Act was unconstitutional as it violated the independence of the judiciary. However, some legal experts criticized the court for going beyond its jurisdiction and interfering with the legislative process.
  • The Sabarimala Temple case: In 2018, the Supreme Court allowed women of all ages to enter the Sabarimala Temple, which had previously banned women of menstruating age from entering the temple. The court's decision was based on the principles of gender equality and non-discrimination. However, the decision was controversial as it was seen as interfering with the religious practices of the temple.
  • The Aadhaar case: In 2018, the Supreme Court upheld the constitutional validity of the Aadhaar scheme, which required citizens to link their biometric data with their government identification numbers. However, the court struck down some provisions of the scheme, such as the mandatory linking of bank accounts and mobile phone numbers with Aadhaar. Some experts criticized the court for interfering with the policy decisions of the executive branch.
  • The Delhi Government vs. Lieutenant Governor case: In 2018, the Supreme Court ruled that the Lieutenant Governor of Delhi does not have absolute powers and must work with the elected government of Delhi. The court's decision was seen as interfering with the power dynamics between the executive and legislative branches of the government.

While the judiciary has a vital role to play in protecting the rights of citizens and upholding the Constitution, it is important to ensure that the judiciary does not exceed its constitutional mandate and interfere with the functioning of democracy.

In summary, while both judicial activism and judicial overreach involve judges taking an active role in shaping the law, the key difference between the two is that judicial activism is seen by some as a legitimate and necessary part of the judicial process, while judicial overreach is viewed as a violation of the proper limits of judicial authority. Contrary to the requirement of judicial activism, the intention of judicial overreach is not genuine. Overreach impedes the functioning of a healthy democracy’s institutions.

Judicial overreach occurs when the judiciary exceeds its constitutional mandate and interferes with the functions of the executive and legislative branches of the government. While judicial activism can be seen as a positive development, judicial overreach can have negative consequences for the functioning of democracy and the separation of powers.

Causes of Judicial activism and Judicial Overreach

  • Asymmetry of power: Supreme Court is the most powerful branch of governance. It’s every judgment is binding on the other two branches (legislature and executive) and it can strike down their actions as well as their laws. 
  • Public Interest Litigation (PIL): PIL permitted any member of the society to file a case for appropriate directions against any injustice. Consequently, the expectations of the public went high for judicial intervention to improve the administration. 
  • Lackadaisical approach of other organs: Lax functioning of the legislature and executive may result in corruption, delay, non-responsiveness, or inefficiency in the governance. These things create a vacuum in governance. Most of the time such vacuums are filled by the judiciary. 
  • Other factors: Growing consciousness of people for their rights, globalization, active media and civil society organizations, concerns for the environment among others are also considered important reasons for judicial activism and judicial overreach.

Concerns over Judicial overreach

Through, judicial activism the Supreme Court has done a tremendous amount of good. However, in many cases; the judiciary has used excess powers which can never be treated as judicial adjudication and even within the normal bounds of judicial activism. Such judicial overreach has given rise to the following concerns: 

  • Undermining the doctrine of the separation of power: The power vested in the Supreme Court through Article 142 of the Constitution is extraordinary. Frequent use of this power, to issue judicial decrees, is considered as a violation of the doctrine of the separation of power.
  • Negligence of the challenges faced by legislature and Executive: Sometimes the judiciary passes the order without keeping in mind Fund, function, framework, and functionary (4 F) that limit the work of Legislature and executive. For example, cancelling of coal blocks allocations and spectrum allocations led to the poor health of the financial institutions of the country.
  • Lack of accountability towards people: Judiciary as an institution is not accountable to the people in the same way as the legislature and the executive. Further, the judiciary also has the power to punish for ‘Contempt of court.’ This way the judiciary may evade public criticism for many of its actions.

Threat to the credibility of the judiciary: Entry into the legislative domain and inability to uphold the law may diminish the image of the judiciary.

So according to the author contends

  • The power of judicial review must not be interpreted as judicial supervision or superintendence over the legislature or executive. This position is especially applicable in matters of policy where domain expertise is called for, and in matters of societal experimentation where the festival of democracy must play itself out through the process of interaction and consultation between the electorate and the elected.
  • The power of judicial review is not meant to be wielded in such a way that judicial wisdom replaces the will of the majority by infantilising it since the Constitution does not envisage replacing democracy with judicial paternalism. On the contrary, the Constitution recognises that sometimes a good policy decision may be unconstitutional, and an otherwise bad policy decision may be constitutional. Only an instance of unconstitutionality warrants the intervention of the judiciary as the watchdog of the Constitution, if sought by the aggrieved parties.

Poll bonds on sale for 10 days starting from April 3

Electoral Bonds

  • Electoral Bonds are bearer instrument, sort of a Promissory Note and are an interest free banking instrument. 
  • Electoral Bond shall be issued for any value, in multiples of Rs 1000, Rs 10,000, Rs 1 lakh, Rs 10 lakh and Rs 1 crore from the Specified Branches of the State Bank of India (SBI). 
  •  The purchaser would be allowed to buy Electoral Bonds only on due fulfilment of all the extant KYC norms and by making payment from a bank account. It will not carry the name of payee.
  •  The Electoral Bonds would have a life of only 15 days during which it can be used for making donation only to political parties which has secured not less than one per cent of the votes polled in the last general election to the House of the People or to Legislative Assembly.
  • Every political party in its returns will have to disclose the amount of donations it has received through electoral bonds to the Election Commission.

Concerns associated with electoral bonds

  • Identity of Donor remains unknown goes against transparency of electoral funding
  • No Upper Limit for Donation Increases Corruption and red tapism through undisclosed identity.
  • Exemption allowed under RTI Act – Section 8(1)(e) , Results in Frivolous Donations from unaccounted source. Further it strengthens Corporate-Political Nexus and results in quid pro quo scenario post elections.
  • Prohibition of donation to be provided by companies older than 3 years removed. This will lead to formation of Shell Companies to route funds as part of electoral finance.
  • Restrictions on corporates for donating more than 7.5% of their average net profit over the previous 3 years to the Political parties removed. FCRA Amendment enables political parties to accept donations from foreign companies – Indian elections may have foreign influence.

CERT-in may be exempted from giving information under RTI Act

Context: Central Government has informed Parliament that Indian Computer Emergency Response Team (CERT-in) may soon be exempt from responding to queries under the Right to Information Act.

Major Highlights: 

  • The Department of Personnel and Training has reviewed a proposal from the Ministry of Electronics and Information Technology to include CERT-in in the Second Schedule to the RTI Act, which deals with exempted organisations like the Central Bureau of Investigation (CBI) and the Border Security Force.
  • The exemption would allow CERT-in to reject any application for information, even on policy-related matters. 

About CERT:

  • Indian Computer Emergency Response Team (CERT-IN) is the nodal agency to deal with cyber security threats like hacking and phishing and strengthens the security-related defence of the Indian Internet domain. 
  • CERT-IN was formed in 2004 by the Government of India under Information Technology Act, 2000 Section (70B). 
  • It is an office within the Ministry of Electronics and Information Technology. 
  • CERT-In has been designated to serve as the national agency to perform the following functions in the area of cyber security:
    • Collection, analysis and dissemination of information on cyber incidents.
    • Forecast and alerts of cyber security incidents.
    • Emergency measures for handling cyber security incidents.
    • Coordination of cyber incident response activities.
    • Issue guidelines, advisories, vulnerability notes and whitepapers relating to information security practices, procedures, prevention, response and reporting of cyber incidents.

North Atlantic Treaty Organization (NATO)

Context: NATO chief Jens Stoltenberg said that Finland would formally become a member within days, as he congratulated its President on clearing the final hurdle to joining.

Earlier Finland and Sweden initial applied for membership last May, prompted by Russia’s invasion of Ukraine. And while the two countries were formally invited to join the alliance last summer, both Turkey and Hungary have been stalling on ratifying their memberships.  

About NATO

North Atlantic Treaty Organization (NATO)

  • Russia attacked Ukraine, highlighting that Ukraine acceding to NATO would be a security threat to Russia.
  • Ukraine has been seeking NATO’s support against Russia.
  • This attack started a debate about the cold war alliances. NATO is a Military alliance of countries from Europe and North America. It provides a link between the ‘Western countries’ of the two continents.
  • NATO membership is open to any other European country which adheres to the principles of NATO and contributes to the security of the North Atlantic area.
  • A NATO decision is the expression of the collective will of all 30 member countries since all decisions are taken by consensus.
  • NATO's core tasks are Collective defence, Crisis management & Cooperative security.
  • Principle of ‘Collective Defence’ under which an attack against one or several NATO members is considered an attack against all.
  • The principle of collective defence is enshrined in Article 5 of the Washington Treaty.
  • NATO invoked Article 5 for the first time in its history after the 9/11 terrorist attacks against the United States.
  • NATO has taken collective defence measures on several occasions, for instance in response to the situation in Syria and the wake of the Russia-Ukraine crisis.
  • NATO follows 'Open Door Policy' is based on Article 10 of its founding treaty.
  • Any decision to invite a country to join the Alliance is taken by North Atlantic Council based on consensus among all Allies (i.e., Existing Members of NATO).

Steps to Accession Process

  1. NATO members decide to invite a country to become a member of NATO and they officially invite the country to begin accession talks with the NATO.
  2. Accession Talks place between individual invitees and NATO experts at NATO headquarters in Brussels.
  3. Invitees send letters of intent to NATO, along with timetables for completion of reforms.
  4. Accession protocols are signed by NATO countries.
  5. Accession protocols are ratified by NATO countries. Once Accession Protocols are ratified the invitee countries become eligible to participate in NATO meetings as non-members.
  6. NATO Secretary General invites potential new members.

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India–France “Special Global Strategic Partnership”: A New Indo-Pacific Anchor
Front-of-Package Labelling: A Preventive Strategy to Address India’s Rising Lifestyle Diseases