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CURRENT AFFAIRS – 16/02/2024

CURRENT AFFAIRS - 16/02/2024

CURRENT AFFAIRS – 16/02/2024

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  1. CURRENT AFFAIRS – 16/02/2024

CURRENT AFFAIRS – 16/02/2024

SC strikes down electoral bonds scheme, calls it unconstitutional

(General Studies- Paper II)

Source : The Hindu

In a significant unanimous decision, the Supreme Court declared the electoral bonds scheme, providing anonymity to political donors, and related legal amendments allowing unlimited corporate political donations, as unconstitutional and manifestly arbitrary.

  • The verdict was delivered by a five-judge Bench led by Chief Justice of India D.Y. Chandrachud, asserting that these measures violated voters’ right to information about political funding under Article 19(1)(a) of the Constitution.

Key Highlights

  • Violation of Right to Information:
    • Chief Justice Chandrachud, in the lead opinion, emphasized that the absolute non-disclosure of the source of political funding through electoral bonds compromised transparency and encouraged corruption.
    • The judgment argued that this lack of transparency facilitated a culture of quid pro quo with the ruling party, enabling policy changes or obtaining licenses in exchange for financial support.
    • The scheme and amendments were deemed to authorize an unrestrained influence of corporates in the electoral process.
  • Corporations vs. Citizens:
    • The verdict exposed the close relationship between money and politics, stating that contributions from companies were viewed as business transactions seeking benefits in return.
    • The scheme was criticized for allowing substantial contributions from corporations and multinational entities, overshadowing the modest financial support from ordinary citizens like students, daily wage workers, artists, or teachers.
    • The court questioned the democratic integrity if elected representatives failed to address the needs of the needy and if corporations were permitted to make unlimited contributions.
    • Chief Justice Chandrachud contended that the electoral bonds scheme and related amendments promoted economic inequality by granting corporations with financial power an insurmountable advantage in the electoral process.
    • This was seen as a violation of the principles of free and fair elections and political equality, encapsulated in the value of ‘one person, one vote.’
  • Anonymity and Financial Contributions:
    • The Supreme Court rejected the Union government’s argument that the anonymity of political donors provided by electoral bonds served as an incentive for financial contributions through formal banking channels.
    • While acknowledging the fundamental right to privacy covering political affiliation, the court emphasized the need for a balance between informational privacy and the voters’ right to information.
    • Chief Justice Chandrachud drew a clear distinction between corporate donations aimed at obtaining favors and individual contributions expressing political beliefs.
    • The court acknowledged that not all contributions seek to alter public policy; some individuals contribute purely to express support without expecting quid pro quo arrangements.
  • Dismissal of Black Money Argument:
    • The court dismissed the government’s claim that the electoral bonds scheme was designed to curb the injection of black money into the electoral process.
    • It ruled that curbing black money was not a reasonable restriction on voters’ fundamental right to information about political funding under Article 19(1)(a).
    • Chief Justice Chandrachud questioned the rationale behind the absolute non-disclosure of the sources of political funding in the electoral bonds scheme, pointing out that it did not effectively contribute to curbing black money, especially with the exemption of information on purchasers.
    • The court expressed skepticism about how such non-disclosure could rationally contribute to the stated goal of curbing black money, emphasizing the importance of transparency in the electoral process.
  • Anonymity at the Core:
    • The Supreme Court, applying the “double proportionality standards,” declared Clause 7(4) of the electoral bonds scheme unconstitutional.
    • It argued that the clause, providing anonymity to political contributors, failed to balance the conflicting rights of voters’ information and contributors’ privacy regarding their political affiliations.
    • The judgment emphasized that the entire electoral bonds scheme was built on the foundation of anonymity under this clause, making it distinct from other financial contribution methods like cheques, direct debit, or electronic transfers.
    • Without Clause 7(4), the scheme was deemed untenable.
  • Amendments and Facilitated Anonymity:
    • The judgment highlighted amendments introduced in Section 29C of the Representation of People Act, Section 13A of the Income Tax Act, and Section 182 of the Companies Act through the Finance Act 2017, which was passed as a Money Bill.
    • These amendments paved the way for blanket anonymity in financial contributions through the electoral bonds route, officially implemented in January 2018.
    • The court noted that prior to these amendments, the provisions maintained a necessary balance between donors’ privacy and the voters’ right to information.
    • Changes to Section 29C:
      • The original Section 29C mandated political parties to publicly disclose contributions exceeding ₹20,000, even when received through cheques and electronic clearing systems.
      • However, an amendment exempted political parties from the obligation to disclose contributions made through electoral bonds entirely.
      • This removal of restrictions raised concerns about transparency in political funding.
    • Amendments to Section 13A:
      • Amended Section 13A relieved political parties from the requirement to maintain detailed records of contributions received through electoral bonds.
      • This alteration further diminished transparency measures surrounding political contributions, particularly those facilitated by the electoral bonds scheme.
    • Revision of Section 182:
      • Before the amendment, Section 182 stipulated that companies could donate up to 7.5% of their net aggregate income over three years.
      • The amendment eliminated this cap, allowing for unlimited and anonymous corporate donations to political parties.
      • Notably, the revised provision also permitted contributions from government companies, overturning the previous prohibition.
      • The Chief Justice criticized this change for failing to acknowledge the potential risks associated with political contributions from loss-making companies, suggesting a lack of distinction in the amendment.
    • The pre-amendment provision categorized companies based on profitability and restricted political contributions from government companies.
    • It also acknowledged potential risks associated with contributions from loss-making companies.
    • However, the amended Section 182 removed these distinctions, prompting Chief Justice Chandrachud to label the amendment as arbitrary for not recognizing the heightened risk of quid pro quo in contributions from loss-making companies.

About the Electoral Bond Scheme

  • The Electoral Bond Scheme is a mode of funding to political parties in India.
  • It was introduced in the Finance Bill, 2017 during Union Budget 2017-18 when the maximum limit of cash donation to political parties was capped at ₹2,000 by Union ArunJaitley in a move to enhance the transparency of political party financing.
  • Electoral Bond is a type of instrument that functions like a Promissory Note and an interest-free banking tool.
  • Any Indian citizen or organization registered in India can buy these bonds after fulfilling the KYC norms laid down by the government.
  • It can be procured by a donor solely through the means of cheque or digital payments in various denominations, such as one thousand, ten thousand, one lakh, ten lakh, and one crore from specific branches of the State Bank of India (SBI).
  • The bonds under the Scheme shall be available for purchase for a period of 10 days each in the months of January, April, July, and October, as may be specified by the Central Government.
  • An additional period of 30 days shall be specified by the Central Government in the year of the General election to the House of People.
  • The bond shall be encashed by an eligible political party only through a designated bank account with the authorized bank.

About the Article 19(1)(a)

  • Article 19(1)(a) is a fundamental right guaranteed by the Indian Constitution under the chapter on Fundamental Rights.
  • It is part of Article 19, which enumerates various freedoms available to the citizens of India.
  • Article 19(1)(a) specifically states:
    • “Article 19(1)(a): All citizens shall have the right to freedom of speech and expression.”
  • This provision grants every citizen the fundamental right to express their thoughts, opinions, and ideas freely.
  • The freedom of speech and expression is considered a cornerstone of democracy as it allows individuals to participate in the democratic process, criticize the government, express dissent, and engage in public discourse.
  • However, it’s important to note that this right is not absolute, and reasonable restrictions can be imposed by the State in the interest of sovereignty and integrity of India, the security of the State, friendly relations with foreign states, public order, decency, or morality, or in relation to contempt of court, defamation, or incitement to an offense.

India has rejected demand for data exclusivity in drug development in FTA talks

(General Studies- Paper III)

Source : The Hindu)

India has firmly rejected the demand for ‘data exclusivity’ as part of ongoing discussions with the European Free Trade Association (EFTA) regarding a potential free trade agreement.

  • Data exclusivity involves a clause in the draft agreement imposing a minimum six-year embargo on clinical trial data generated during the testing and development of a drug.
  • This provision aims to restrict manufacturers from producing copy-cat versions by either requiring them to generate their own data (an expensive process) or waiting out the embargo period before applying to register and sell their versions in India.

Key Highlights

  • Impact on Generic Drug Industry:
    • India’s generic drug industry, renowned for producing affordable versions of costly drugs, could face significant challenges if data exclusivity were to be implemented.
    • The clause could potentially hinder the industry’s ability to replicate drugs, even those not patented in India, thereby impacting its role as a major global supplier of generic medicines.
  • Consistent Rejection of Demands:
    • Demands for data exclusivity have been recurrent since 2008, primarily from the European Union and the EFTA countries, including Switzerland, Norway, Iceland, and Lichtenstein.
    • Despite persistent pressure during trade negotiations, India has consistently rejected such demands.
    • Switzerland, home to several influential pharmaceutical companies, has been particularly involved in legal disputes in India related to generic drugs.
  • Concerns Raised by Medical Rights Group:
    • Medical rights group Medicins Sans Frontiers (MSF) expressed concerns about the potential harm of accepting data exclusivity provisions.
    • In a letter to Prime Minister Narendra Modi, MSF highlighted the adverse effects such clauses could have on the availability of affordable generic medicines, urging India to continue rejecting harmful intellectual property provisions in trade deals.
    • MSF emphasized the significant impact that changes to India’s national patents and drug regulatory laws could have on the future supply of lifesaving medicines.
    • The organization relies heavily on quality-assured vaccines and medicines manufactured in India for treating individuals in their care.
    • The letter noted that a substantial portion of MSF’s spending on generic medicines, including treatments for HIV, hepatitis C, tuberculosis, and vaccines, is procured from India.
  • Call to Protect Affordable Medicines:
    • MSF called on India to safeguard the supply of affordable generic medicines, emphasizing the critical role these medicines play in treating millions of people in India and around the world.
    • The organization urged India to continue rejecting provisions that could limit access to affordable healthcare options.

What is Generic Medicine and ‘data exclusivity’?

  • Generic Medicine:
    • Generic medicine refers to a pharmaceutical product that is bioequivalent to a brand-name (innovator) product in terms of quality, safety, and efficacy.
    • These medicines are identical or interchangeable with the originally patented product, but they are usually sold under their chemical names or non-proprietary names rather than brand names.
    • Generic medicines provide the same therapeutic effects as their brand-name counterparts and are typically less expensive.
    • When a pharmaceutical company develops a new drug, it is granted a patent that gives them exclusive rights to manufacture and sell that drug for a certain period, usually 20 years.
    • Once the patent expires, other pharmaceutical companies can produce and sell generic versions of the drug, leading to increased competition and lower prices.
  • Data Exclusivity:
    • Data exclusivity is a concept related to intellectual property rights, specifically in the context of pharmaceuticals.
    • It refers to the protection of the test data submitted by a pharmaceutical company to regulatory authorities to prove the safety and efficacy of a new drug.
    • This protection prevents competitors from relying on the original company’s data to obtain marketing approval for similar drugs for a certain period, even if the original drug is not under patent protection.
    • In essence, data exclusivity allows the company that conducted the original research and clinical trials to have exclusive rights to the data for a specified period, usually independent of patent protection.
    • During this time, regulatory authorities cannot use the data submitted by the original company to approve generic versions or similar drugs.
    • Data exclusivity provides an additional layer of protection beyond patents, encouraging companies to invest in research and development without immediate concerns about data being used by competitors.

INSAT-3DS mission to be launched from Sriharikota

(General Studies- Paper III)

Source : The Hindu

The GSLV-F14, carrying the INSAT-3DS satellite, is set for launch at 5.35 p.m. on February 17 from the Satish Dhawan Space Centre in Sriharikota, according to the Indian Space Research Organisation (ISRO).

Key Highlights

  • GSLV-F14 Mission Details:
    • This mission marks the 16th flight of the Geosynchronous Satellite Launch Vehicle (GSLV) and the 10th flight featuring the indigenous cryogenic stage.
    • It represents the seventh operational flight of GSLV equipped with an indigenous cryogenic stage.
    • The GSLV-F14 will place the INSAT-3DS satellite into a geosynchronous transfer orbit.
  • INSAT-3DS Satellite Purpose:
    • INSAT-3DS is described as a follow-on mission for the third generation meteorological satellite in geostationary orbit.
    • The satellite is specifically designed to enhance meteorological observations, monitor land and ocean surfaces for weather forecasting, and provide disaster warnings.
    • It will augment meteorological services alongside the already operational INSAT-3D and INSAT-3DR satellites in orbit.
    • Primary Objectives:
      • The mission’s primary objectives include monitoring Earth’s surface, conducting oceanic observations and environmental assessments in various spectral channels crucial for meteorological purposes.
      • The INSAT-3DS satellite aims to offer a vertical profile of various atmospheric meteorological parameters, facilitate data collection and dissemination from data collection platforms, and provide satellite-aided search and rescue services.

What is Geosynchronous Orbit?

  • A geosynchronous orbit is a type of orbit around Earth in which a satellite orbits the planet at the same rate that the Earth rotates.
  • This means that the satellite appears to remain stationary relative to a fixed point on the Earth’s surface.
  • Specifically, in a geosynchronous orbit, the satellite completes one orbit around Earth in approximately 24 hours, matching the Earth’s rotation period.
  • A special case of a geosynchronous orbit is the geostationary orbit, where the satellite not only completes an orbit in 24 hours but also stays directly above the same point on the equator.
  • This results in the satellite appearing fixed in the sky relative to an observer on the Earth’s surface.
  • Geosynchronous and geostationary orbits are commonly used for communication satellites, weather satellites, and Earth observation satellites.
  • The stationary position relative to the Earth’s surface allows these satellites to maintain a constant line of sight with specific regions, making them ideal for applications that require continuous monitoring or communication with a specific location on Earth.

What is cryogenic stage?

  • A cryogenic stage refers to a rocket stage that uses cryogenic (extremely low-temperature) propellants in its propulsion system.
  • Cryogenic propellants are typically liquid oxygen (LOX) as the oxidizer and liquid hydrogen (LH2) as the fuel.
  • These propellants are stored and handled at extremely low temperatures, near or below -183 degrees Celsius (-297 degrees Fahrenheit) for liquid oxygen and around -253 degrees Celsius (-423 degrees Fahrenheit) for liquid hydrogen.
  • Cryogenic stages are often used in the upper stages of launch vehicles for space exploration due to their higher specific impulse, which is a measure of the efficiency of a rocket engine.
  • The use of cryogenic propellants allows for more efficient combustion and higher thrust, making it suitable for the final stages of a rocket’s ascent to space.

An intervention that will help strengthen legal education

(General Studies- Paper II)

Source : The Hindu

The Parliamentary Standing Committee on Personnel, Public Grievances, Law, and Justice has submitted a notable report addressing legal education in India.

  • The report puts forth groundbreaking recommendations aimed at enhancing the quality of legal education in the country.

Key Highlights

  • Evolution of Legal Education:
    • The report acknowledges the transformative impact of NLUs in the 1990s, coinciding with India’s liberalization and globalization era.
    • This period saw an upsurge in opportunities for lawyers, attracting bright young students to pursue law immediately after school.
    • NLUs, with their focus on producing skilled legal professionals, contributed significantly to this change.
    • However, the report notes that beyond NLUs, numerous law schools across the country represent a “sea of institutionalized mediocrity.”
  • Challenges and Disparities:
    • Despite NLUs attracting excellent students, they have struggled to establish themselves as centers of excellence in legal research.
    • The report highlights the fact that only two Indian law schools, Jindal Global Law School and National Law School of India University, are featured in the QS rankings of the top 250 law schools globally.
    • This underscores the existing challenges and disparities in legal education across the nation.
    • The report calls for transformative changes in legal education, emphasizing the need to elevate the standards of institutions beyond NLUs.
    • It addresses the gaps in legal research and urges a comprehensive approach to ensure that law schools across India become centers of excellence, contributing significantly to the field.
  • Focus Areas:
    • The recommendations likely cover a range of aspects, including curriculum enhancement, faculty development, research infrastructure, and the overall upliftment of legal education standards.
    • The report’s proposals aim to address the existing disparities and ensure that legal education in India aligns with global standards, producing skilled and competitive legal professionals.
    • One key proposal involves limiting the powers of the Bar Council of India (BCI) in the regulation of legal education.
    • The committee advocates the creation of an independent body named the National Council for Legal Education and Research (NCLER) to oversee various aspects of legal education beyond basic eligibility for court practice.
    • Role of NCLER:
      • The NCLER, as per the committee’s recommendation, would focus on regulating post-graduate levels of legal education, particularly those not directly related to litigation.
      • The proposed body would be responsible for establishing qualitative benchmarks to enhance the standards of legal education.
      • The committee suggests that the NCLER should comprise judges, practicing lawyers, and distinguished law professors known for their research contributions.
    • Bolstering Research in Law Schools:
      • A crucial aspect highlighted by the committee is the need to prioritize and promote research in India’s law schools.
      • Currently, many institutions primarily concentrate on teaching, resulting in a limited contribution to global legal knowledge production.
      • The report notes that a small number of Indian law journals are globally indexed in databases such as Scopus, emphasizing the need for improved research standards.
      • The committee suggests recruiting world-class global faculty to strengthen the research ecosystem, acknowledging the importance of state funding in this endeavor.
    • Global Perspective and Curriculum:
      • Recognizing the impact of globalization on legal education, the committee recommends the development and delivery of a global curriculum.
      • This involves promoting international exchange programs for students and faculty, incorporating more international law courses in the curriculum, and increasing exposure to different legal systems.
      • The aim is to equip India’s law schools to thrive in a globalized world.
    • Leadership Role:
      • The report underscores the significance of having passionate, charismatic, and visionary academicians in leadership positions within law faculties and schools.
      • Effective leaders are expected to inspire, create an enabling environment, and support younger academicians in realizing their potential as outstanding teachers and researchers.
      • The report criticizes the current scenario where many deans and vice-chancellors in Indian law universities are perceived as lacking professional leadership, hindering the pursuit of excellence.
      • The call is for leaders who appreciate and nurture talented professors, recognizing that institutional deficiencies cannot be overcome solely by financial incentives.
    • Academic Freedom and Autonomy:
      • The report emphasizes the necessity of complete academic freedom and autonomy to foster a culture of legal research in law schools.
      • The idea is grounded in the belief that a university, as Jawaharlal Nehru stated, stands for humanism, tolerance, reason, the adventure of ideas, and the search for truth.
      • Academic institutions, including law schools, can achieve these ideals only if academicians are free to express well-researched views without fear, even when these views challenge societal beliefs or contest dominant ideas.
    • Welcome Development:
      • The parliamentary committee’s intervention is viewed as a welcome development, and it is hoped that all stakeholders will collaborate to enhance the quality of legal education in India.
      • The emphasis on leadership, academic freedom, and autonomy aligns with the broader goal of fostering an environment conducive to intellectual exploration, critical thinking, and excellence in legal education.

What is behind Ladakh’s unrest?

(General Studies- Paper II)

Source : The Hindu

In sub-zero temperatures, thousands of protesters returned to the streets in Leh over the weekend, reiterating their demand for full statehood for Ladakh and inclusion in the Sixth Schedule of the Constitution.

  • The demand is aimed at safeguarding the region’s land, culture, language, and environment.

Key Highlights

  • The protesters seek full statehood for Ladakh and inclusion in the Sixth Schedule, which provides special provisions for the administration of tribal areas.
  • These demands arise from concerns about the loss of identity, resources, and bureaucratic overreach since Ladakh was carved out of Jammu and Kashmir as a separate Union Territory (UT).
  • Background of Resentment:
    • Resentment in Ladakh has been growing over the past four years, marked by shutdowns, street protests, and demonstrations.
    • The root of the discontent can be traced back to August 2019 when Article 370 was abrogated, revoking the special status of Jammu and Kashmir.
    • Ladakh, initially one of the three divisions of J&K, became a UT without a legislature.
    • The reorganization took locals by surprise, leading to concerns about the impact on identity and resources.
    • While there was initial optimism, apprehensions arose about the potential impact on the region’s demography, with fears of alienation and loss of distinct identity.
  • Concerns and Uneasiness:
    • The uneasiness among Ladakhis stems from the fear that the region’s opening to non-locals and industrialists could impact demography, leading to alienation and the loss of a distinct identity.
    • Land Use and Development Concerns:
      • Protests in Ladakh reflect concerns regarding land use, development projects, and the impact on the region’s unique environment.
      • CherringDorjayLakruk, former president of the local BJP unit, emphasized the need for local involvement and decision-making in development projects.
      • He expressed the importance of having a say in the development of specific areas and purposes, particularly in the context of mega solar power projects that require significant land.
      • Locals argue that these lands sustain wildlife, host medicinal herbs, and serve nomadic communities, contrary to the perception that the land is unused.
    • Political Representation and Jobs Crisis:
      • The unrest in Ladakh is also fueled by a perceived jobs crisis and the lack of political representation.
      • There are concerns about economic disempowerment as the region feels that New Delhi lacks a comprehensive understanding of its needs and vulnerabilities.
      • There are also calls for constitutional safeguards through amendments to the Ladakh Autonomous Hill Development Council Act to address the aspirations of the people.
    • Protests in Kargil and Vulnerability in Leh:
      • The apprehensions have led to protests in Kargil, a Muslim-majority region that desired to remain part of the erstwhile state rather than joining the Buddhist-majority Leh.
      • Civil society and religious organizations in Leh also felt vulnerable due to the reorganization, which removed protections under Article 35A.
    • Demands for Representation and Safeguards
      • The agitation in Ladakh is driven by the convergence of two ideologically distinct factions, the Leh Apex Body, and the Kargil Democratic Alliance.
      • These umbrella organizations, representing civil society, religious groups, political entities, and student organizations, have joined forces to address the growing anger over unfulfilled promises.
      • In 2021, they finalized a four-point agenda that has become the focal point of their campaign.
      • Key Demands:
        • Full-Fledged Legislature: Activists and leaders are demanding the creation of a full-fledged elected legislature to ensure political representation for the people of Ladakh.
        • Constitutional Safeguards (Sixth Schedule): The demand for constitutional safeguards under the Sixth Schedule is aimed at protecting Ladakh’s land, culture, language, and environment.
        • Separate Lok Sabha Seats: Advocates are calling for an increase in the number of Lok Sabha seats from one to two, with one seat designated for each of the districts, Leh and Kargil.
        • Job Reservations for Locals: The demand for job reservations for locals is a response to concerns about economic disempowerment and the need for safeguarding employment opportunities for residents.
        • Concerns Over Outsider Influence and Lack of Representation: Activists, including engineer-activist SonamWangchuk, have highlighted the concentration of power in the hands of outsiders, referring to the Lieutenant Governor (L-G) appointed to govern Ladakh.
          • The absence of representation in the State Assembly, strategic importance, and decisions made by non-elected officials have fueled demands for full statehood.
        • Territorial Expansion and Geopolitical Importance:
          • The Leh Apex Body (LAB) and Kargil Democratic Alliance (KDA) have expanded their demands beyond internal governance, urging the government to extend Ladakh’s territorial control up to Gilgit-Baltistan in Pakistan-occupied Kashmir (PoK).
          • In a memorandum to the Ministry of Home Affairs (MHA), the alliance emphasized the geopolitical importance of Ladakh in countering the threats posed by China and Pakistan.
          • They argue that Ladakh’s locals, with their understanding of the harsh terrain, play a crucial role in military and logistic operations.
        • Statehood for Stability and Local Empowerment:
          • The central demand for Ladakh’s statehood is anchored in the belief that it will ensure stability in the region.
          • The LAB and KDA stress that empowering locals is essential, given their knowledge of the terrain and geography.
          • The memo to the MHA underscores the significance of Ladakh’s understanding of the region in military and logistic operations.
        • Constitutional Safeguards Under Sixth Schedule:
          • Another pivotal demand is for constitutional safeguards under the Sixth Schedule, drawing inspiration from northeastern states like Mizoram, Tripura, and Sikkim.
          • The Sixth Schedule provides protection to tribal populations, granting autonomy through autonomous development councils.
          • These councils have legislative authority on crucial matters, including land, agriculture, forests, village administration, inheritance of property, public health, marriage, and divorce.
          • This demand is particularly relevant as nearly 80% of Ladakh’s population consists of tribals.
          • Engineer-activist SonamWangchuk highlights that the Sixth Schedule would ensure local consultation on decisions impacting the population.
        • Rising Unemployment and Demand for Local Empowerment:
          • The agitation also reflects concerns about rising unemployment in Ladakh.
          • A government survey revealed a significant increase in unemployed graduates between 2021-22 and 2022-23, with 26.5% of graduates in Ladakh reported as unemployed.
          • The separation from Jammu and Kashmir resulted in a reduction of Ladakh’s share in the state pool.
          • Moreover, the central government’s failure to create new job opportunities in the region has fueled discontent among the youth.
          • The demand includes reservations and a separate public service commission for recruiting gazetted jobs, highlighting the need for local empowerment and representation.
        • Government’s Initial Stance:
          • Initially showing reluctance to grant full Statehood and special status to Ladakh, the Central government’s stance shifted in response to the growing discontent in the region.
          • Rising protests and dissatisfaction forced the government to establish a committee in January 2023 to investigate the demands raised by the Leh Apex Body (LAB) and Kargil Democratic Alliance (KDA).
          • The Ministry of Home Affairs asserted that the Union Territory administration was adequately addressing overall socio-economic development, emphasizing the provision of sufficient funds for Ladakh’s development.
        • Committee Formation and Official Talks:
          • Amid escalating unrest, the government formed the committee to examine the demand for constitutional safeguards, particularly related to language, culture, and land.
          • However, the committee faced disagreements over its composition and agenda, leading to a reconstitution.
          • The high-powered committee held its first meeting in December, with Ladakh’s representatives urging an early resolution of their issues.
          • Despite assurances from the Ministry, no significant outcomes have emerged from the dialogue.

About the Sixth Schedule of the Constitution

  • The Sixth Schedule of the Constitution of India provides special provisions for the administration of tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram.
  • These provisions are intended to safeguard the rights and interests of the tribal communities residing in these areas and allow for a certain degree of autonomy in their administration.
  • Key features:
    • The Sixth Schedule establishes autonomous district councils for the tribal areas within the specified states.
    • These district councils have legislative, executive, and financial powers to govern the areas under their jurisdiction.
    • Constitution of District Councils:
      • Each autonomous district features a district council with 30 members, including four nominated by the governor and 26 elected through adult franchise.
      • Their term spans five years, and while elected members have a fixed term, nominated members serve at the governor’s pleasure.
      • Autonomous regions also have separate regional councils.
    • Legislative Authority and Governance:
      • District and regional councils have legislative powers over specific matters like land, forests, water, village administration, inheritance, marriage, and social customs.
      • However, laws enacted by these councils necessitate the governor’s assent.
      • They also have the authority to establish institutions and make regulations related to money lending, trading by non-tribals, and more.
    • Administrative Functions:
      • District councils can manage various aspects within their jurisdiction, such as schools, dispensaries, markets, and infrastructure.
      • They also possess the authority to assess and collect land revenue and impose specified taxes.
    • Governor’s Oversight and Intervention:
      • The governor retains the authority to appoint commissions to examine and report on matters related to autonomous district administration.
      • Additionally, the dissolution of a district or regional council may occur based on the recommendations of such a commission.

Note: The acts of Parliament or the state legislature do not apply to autonomous districts and autonomous regions or apply with specified modifications and exceptions

Why did Kosovo face delays in Schengen approval?

(General Studies- Paper II and III)

Source : The Hindu)

Kosovo recently obtained visa-free access to the Schengen zone, marking a significant development for the nation.

  • The Schengen zone, known for being the world’s largest area of free movement, allows citizens of Kosovo to enter as tourists for up to 90 days within a 180-day period.
  • This milestone positions Kosovo as the last non-European Union western Balkan nation to have visa requirements waived.

Key Highlights

  • Schengen Agreement Background:
    • The Schengen zone derives its name from the Luxembourg village of Schengen, where the agreement was signed in 1985.
    • Initially involving five of the six EU founding members (excluding Italy), the agreement has facilitated free movement across borders.
  • Challenges in Kosovo’s Application:
    • Despite the European Commission clearing Kosovo’s preparedness for addressing illegal migration and corruption in 2018—conditions for Schengen entry—the nation faced prolonged delays.
    • One major impediment was the strong opposition from certain EU members that do not recognize Kosovo’s 2008 unilateral declaration of independence from Serbia.
    • Kosovo faces challenges in gaining legal statehood, as the United Nations has not accorded it recognition in this regard.
    • Furthermore, Russia and China have withheld acknowledgment of Kosovo’s sovereignty.
  • Schengen Membership within the EU:
    • The membership status of European Union (EU) countries in the Schengen zone is both mandatory and not, depending on the context.
    • Initially, when the Schengen agreement became effective in 1995, only seven out of the 15 EU member states joined the passport-free area.
    • At present, 23 out of the 27 EU member states are part of the Schengen zone, with Cyprus, Romania, Bulgaria, and Ireland being excluded.
    • The Schengen area also includes four non-EU members: Iceland, Liechtenstein, Switzerland, and Norway.
  • Management of the COVID-19 Crisis:
    • The Schengen area faced challenges during the Eurozone sovereign debt crisis, the influx of migrants, and anti-immigrant sentiments fueled by far-right populist parties.
    • The EU considered potential removal of countries along its Mediterranean border from Schengen due to the crisis.
    • Disputes arose between frontier states like Italy, advocating for EU burden sharing, and destination states like France and the U.K., using questionable methods to prevent refugee arrivals.
  • Advantages of the EU’s Border-Free Policy:
    • For individuals, the Schengen visa provides the freedom to travel across European nations within the borderless area.
    • For EU states, the visa-free borderless travel and the adoption of a single currency by 20 EU countries symbolize European integration.
    • The Schengen’s integrity is crucial for the success of the post-war European project.

More about the

  • The Schengen Agreement is a treaty that led to the creation of Europe’s Schengen Area, in which internal border checks have largely been abolished.
  • It was signed on June 14, 1985, near the town of Schengen, Luxembourg, by five of the ten member states of the then European Economic Community.
    • The agreement was initially approved by Belgium, France, West Germany (now Germany), Luxembourg, and the Netherlands in Schengen, Luxembourg.
    • By the time the agreement went into effect in March 1995, Italy, Spain, Portugal, and Greece had joined the original five members, with Austria, Denmark, Finland, Iceland, Norway, and Sweden following soon after.
    • The Schengen Area currently consists of 27 European countries, including non-EU members such as Norway, Iceland, Switzerland, and Liechtenstein
  • The primary purpose of the Schengen Agreement is to ensure the free movement of people, goods, services, and capital, fulfilling one of the EU’s fundamental principles.
  • Its key provisions include the abolition of internal border checks, a common visa policy, and the strengthening of external border controls.
  • The Schengen Area currently consists of 27 European countries, and the agreement has had profound impacts on Europe, including economic, social, and security implications.
  • The Schengen Agreement has facilitated tourism, business, and cross-border activities, while also enhancing social integration among member countries.
  • Additionally, it has strengthened collective security through measures such as the Schengen Information System (SIS), which enables member states to share information on individuals.
  • The Schengen Agreement has also led to the creation of a common visa policy, allowing non-EU citizens to travel across the Schengen Area with a single visa, thereby increasing the region’s accessibility for tourists and business travelers from around the world.

About Kosovo

  • Capital and Largest City: The capital city of Kosovo is Pristina.
  • Recognition and Status: Kosovo declared its independence from Serbia on February 17, 2008.
    • Kosovo has been recognized by a significant number of countries around the world, including the United States and a majority of European Union member states.
    • However, some countries, including Russia and China, do not recognize Kosovo’s independence.
  • History:
    • The region of Kosovo has a complex history, marked by a mix of ethnic and religious communities, primarily Albanian and Serbian.
    • In the late 20th century, the area experienced conflict and tensions, leading to the Kosovo War in 1999.
    • The war ended with the intervention of NATO forces and the establishment of the United Nations Interim Administration Mission in Kosovo (UNMIK).
  • Demographics:
    • The majority of Kosovo’s population is of Albanian ethnicity, with a smaller percentage of Serbs and other ethnic groups.
    • The official languages are Albanian and Serbian.