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Aadhav Murthy

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Aadhav Murthy
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Asked: July 15, 2024In:
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Examine the constitutional dispute resolution procedures between the States and the Union or between the States. Examine how the Supreme Court and other forums for resolving disputes handle these kinds of disputes.

upsc: functions & responsibility of the union & the states
  1. Kartik Raman
    Kartik Raman Begginer

    The Indian Constitution provides several mechanisms for resolving disputes between the Union and the States or among the States themselves. These mechanisms include both judicial and extra-judicial bodies, with the Supreme Court playing a central role. Here's an examination of these mechanisms: ConsRead more

    The Indian Constitution provides several mechanisms for resolving disputes between the Union and the States or among the States themselves. These mechanisms include both judicial and extra-judicial bodies, with the Supreme Court playing a central role. Here’s an examination of these mechanisms:

    Constitutional Mechanisms
    1. Supreme Court of India
    Original Jurisdiction:

    Article 131 of the Constitution grants the Supreme Court exclusive original jurisdiction in any dispute between:
    The Government of India and one or more States.
    The Government of India and any State or States on one side and one or more other States on the other side.
    Two or more States.
    This jurisdiction allows the Supreme Court to hear disputes directly, without the matter going through lower courts first.
    Advisory Jurisdiction:

    Under Article 143, the President of India can refer any question of law or fact of public importance to the Supreme Court for its opinion, including disputes involving states or the central government.
    Appeal Mechanism:

    The Supreme Court also has appellate jurisdiction under Articles 132 to 136, allowing it to hear appeals against judgments from lower courts in cases involving significant legal or constitutional questions.
    2. Inter-State Council
    Established under Article 263, the Inter-State Council can be constituted by the President to investigate and discuss subjects of common interest between the Union and States or among States.
    It serves as an advisory body to recommend policy and administrative measures to resolve disputes.
    3. Finance Commission
    Under Article 280, the Finance Commission is constituted to define the financial relations between the central government and the individual state governments.
    It addresses disputes related to financial allocations and grants-in-aid from the central government to the states.
    4. Zonal Councils
    Established under the States Reorganization Act of 1956, these councils promote cooperation and coordination between states and the central government.
    They address inter-state disputes and provide a platform for dialogue and resolution.
    Role of the Supreme Court and Other Dispute Resolution Bodies
    Supreme Court:
    The Supreme Court’s role is critical due to its authoritative and binding decisions. Its interpretations of constitutional provisions and laws are final.
    It ensures the maintenance of federal balance by adjudicating disputes impartially, thereby upholding the supremacy of the Constitution.
    Inter-State Council:
    Functions as a forum for discussion and recommendations, fostering cooperative federalism.
    Though its recommendations are not binding, they can influence legislative and executive actions to resolve disputes.
    Finance Commission:
    Plays a crucial role in resolving financial disputes by providing recommendations on the distribution of tax revenues between the Union and the States.
    Its recommendations, while advisory, are generally respected and implemented to maintain fiscal balance.
    Zonal Councils:
    Facilitate resolution through dialogue and consensus among member states.
    They address socio-economic and political issues that might otherwise escalate into larger disputes.
    Conclusion
    The constitutional mechanisms in India for resolving disputes between the Union and States or among States are well-structured, combining judicial and non-judicial approaches. The Supreme Court plays a pivotal role through its original and advisory jurisdiction, ensuring judicial resolution of disputes. At the same time, bodies like the Inter-State Council, Finance Commission, and Zonal Councils provide platforms for negotiation, cooperation, and financial adjustment, contributing to the harmonious functioning of the federal structure.

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Aadhav Murthy
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Asked: July 15, 2024In:
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Talk about the importance of civil society participation and public dialogue in the amending process. How much can the public and interest groups affect the discussion and decision-making surrounding a proposed constitutional amendment?

upsc: amendments in indian constitution provisions
  1. Abhishek Gupta
    Abhishek Gupta Learner

    Public discourse and civil society engagement play a crucial role in the amendment process of a constitution. They provide avenues for citizens and interest groups to voice their opinions, participate in debates, and influence the outcome of proposed constitutional amendments. However, the extent ofRead more

    Public discourse and civil society engagement play a crucial role in the amendment process of a constitution. They provide avenues for citizens and interest groups to voice their opinions, participate in debates, and influence the outcome of proposed constitutional amendments. However, the extent of influence can vary depending on various factors. Let’s discuss the role of public discourse and civil society engagement and the ways citizens and interest groups can impact the debate and outcome of constitutional amendments.

    Creating Awareness and Shaping Public Opinion:
    Public discourse and civil society engagement help create awareness about proposed constitutional amendments among the general public. Through various platforms such as media, public meetings, social media, and advocacy campaigns, citizens and interest groups can disseminate information, explain the implications of amendments, and shape public opinion. This awareness-raising process is crucial for generating interest, mobilizing support, and fostering informed debates.
    Advocacy and Lobbying:
    Interest groups and civil society organizations often engage in advocacy and lobbying to influence the debate and outcome of constitutional amendments. They present their perspectives, research, and recommendations to lawmakers, participate in parliamentary committee hearings, and provide expert opinions. By presenting evidence-based arguments and mobilizing support, these groups can influence the decision-making process and shape the content and scope of amendments.
    Petitions, Memoranda, and Public Consultations:
    Citizens and interest groups can actively participate in the amendment process by submitting petitions, memoranda, and representations to lawmakers, parliamentary committees, and constitutional review bodies. These documents highlight concerns, propose amendments, and provide suggestions for improving the proposed changes. Public consultations and hearings enable citizens and interest groups to directly engage with decision-makers, express their views, and influence the debate and drafting process.
    Litigation and Judicial Review:
    In some cases, citizens and interest groups may resort to litigation and seek judicial intervention to challenge the constitutionality of proposed amendments. By approaching the courts, they can bring their concerns to the attention of the judiciary and argue against amendments that they perceive as infringing upon fundamental rights or the basic structure of the constitution. Judicial review provides an avenue for independent scrutiny and can significantly impact the outcome of constitutional amendments.
    Grassroots Movements and Protests:
    Citizens and interest groups can organize grassroots movements, protests, and demonstrations to express their dissent or support for proposed constitutional amendments. These movements serve as a means to mobilize public opinion, raise awareness, and put pressure on lawmakers and the government to consider alternative perspectives or modifications to the proposed amendments. Such grassroots movements can influence the political environment and create a momentum for change.
    It’s important to note that the influence of citizens and interest groups in the amendment process depends on the openness of the political system, institutional mechanisms for public participation, and the responsiveness of policymakers. The impact can vary from case to case, and the final outcome is ultimately determined by the deliberations and decisions of elected representatives and the constitutional processes in place.

    In conclusion, public discourse and civil society engagement play a vital role in the amendment process by shaping public opinion, advocating for interests, providing expert opinions, and participating in deliberations. While citizens and interest groups can influence the debate and outcome of proposed constitutional amendments through various means, the degree of influence depends on multiple factors and the dynamics of the particular political and institutional context.

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Aadhav Murthy
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Aadhav MurthyLearner
Asked: July 15, 2024In:
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Examine the Indian Constitution’s emergency powers clauses and the arguments over the extent and boundaries of these extraordinary actions. Talk about how the judiciary monitors the use of emergency powers.

upsc: features of indian constitution
  1. Abhishek Gupta
    Abhishek Gupta Learner

    The Indian Constitution provides provisions for emergency powers that can be invoked in times of crisis. These provisions are outlined in Part XVIII, Articles 352 to 360, and are aimed at ensuring the integrity, security, and smooth functioning of the nation during extraordinary situations. Let's taRead more

    The Indian Constitution provides provisions for emergency powers that can be invoked in times of crisis. These provisions are outlined in Part XVIII, Articles 352 to 360, and are aimed at ensuring the integrity, security, and smooth functioning of the nation during extraordinary situations. Let’s take a closer look at these emergency provisions and the debates surrounding their scope and limits, as well as the role of the judiciary in overseeing their exercise.

    Provisions for Emergency Powers:
    a. Article 352 – National Emergency: This provision allows the President of India to declare a national emergency in situations of war, external aggression, or armed rebellion. It grants the central government sweeping powers to take necessary steps to address the emergency situation effectively.
    b. Article 356 – President’s Rule: This provision empowers the President to impose President’s Rule in a state if the constitutional machinery in that state fails or is unable to function properly.

    c. Article 360 – Financial Emergency: This provision enables the President to proclaim a financial emergency if the financial stability or credit of the nation or any part thereof is threatened. It grants the central government authority to take necessary financial measures to address the crisis.

    Scope and Limits:
    The provisions for emergency powers have been a subject of intense debate and scrutiny. Critics argue that these provisions have the potential for misuse and can infringe upon individual rights and democratic principles. There have been concerns about the subjective interpretation of “internal disturbance” and the potential for political motives to influence the invocation of emergency powers.
    To address these concerns, the Constitution imposes certain checks and balances on emergency powers. For example:
    a. The President’s proclamation of emergency requires the approval of the Parliament within a specified time.
    b. The judiciary has the power to review the validity of emergency proclamations and actions taken during emergencies.

    Role of the Judiciary:
    The judiciary plays a crucial role in overseeing the exercise of emergency powers in India. It acts as a guardian of fundamental rights and ensures that emergency measures do not violate the basic structure of the Constitution. The Supreme Court of India has established certain principles and guidelines to limit the scope of emergency powers, safeguard individual liberties, and prevent abuse of emergency provisions.
    The landmark case of ADM Jabalpur v. Shivkant Shukla (also known as the Habeas Corpus case) during the Emergency (1975-1977) is an important example. The Supreme Court, in a controversial decision, held that during an emergency, individuals’ right to approach the courts for habeas corpus relief stood suspended. This decision sparked significant debates and criticism, emphasizing the need for a robust and vigilant judiciary to protect constitutional rights during emergencies.

    Over the years, the judiciary’s role in overseeing emergency powers has evolved, with courts taking a proactive stance in safeguarding fundamental rights. They have emphasized the importance of judicial review, ensuring that emergency powers are exercised within the confines of the Constitution and that individual rights are not unduly curtailed.

    In conclusion, the Indian Constitution provides provisions for emergency powers, but their scope and limits have been a subject of debate. The judiciary plays a vital role in overseeing the exercise of these powers, ensuring their constitutionality and protecting individual rights. The evolving jurisprudence surrounding emergency powers reflects the delicate balance between maintaining order and upholding democratic principles in times of crisis.

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Aadhav Murthy
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Asked: July 15, 2024In:
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Consider the differences between the authority granted by Article 368 to change a Constitution and the authority to create new ones or to replace the current one in its entirety. What ramifications does this divide have for law and politics?

upsc: amendments in indian constitution provisions
  1. Rajnish Singh
    Rajnish Singh Begginer

    The Distinction between the Amending Power under Article 368 and the Power to Make New Constitutions or Replace the Existing One The Indian Constitution provides for two distinct mechanisms for making changes to the fundamental law of the land: The Amending Power under Article 368: Article 368 of thRead more

    The Distinction between the Amending Power under Article 368 and the Power to Make New Constitutions or Replace the Existing One

    The Indian Constitution provides for two distinct mechanisms for making changes to the fundamental law of the land:

    The Amending Power under Article 368:
    Article 368 of the Indian Constitution outlines the procedure for amending the Constitution.
    This power allows for specific changes or additions to be made to the existing constitutional provisions.
    Amendments under Article 368 require a special majority in the Parliament (two-thirds of members present and voting, and an absolute majority of the total membership of each House).
    Certain provisions of the Constitution, like the fundamental rights and the basic structure of the Constitution, are considered unamendable under this power.
    The Power to Make New Constitutions or Completely Replace the Existing One:
    This power goes beyond the scope of Article 368 and allows for the creation of an entirely new Constitution or the complete replacement of the existing one.
    This power is typically exercised by a Constituent Assembly or a similar body with the specific mandate to draft a new Constitution.
    The process of making a new Constitution or replacing the existing one is not subject to the constraints of Article 368 and usually involves a more extensive and involved process.
    It may require the dissolution of the existing political order and the establishment of a new one.
    Legal and Political Implications of this Distinction:

    Scope of Changes: The amending power under Article 368 is limited to making specific changes or additions to the existing constitutional provisions. In contrast, the power to make a new Constitution or replace the existing one allows for a more comprehensive and fundamental overhaul of the entire legal and political framework.
    Degree of Difficulty: Amending the Constitution under Article 368 is generally considered a more straightforward process, as it requires a special majority in the Parliament. Creating a new Constitution or replacing the existing one, on the other hand, typically involves a more complex and challenging process, often requiring the convening of a Constituent Assembly or a similar body.
    Preservation of Continuity: Amendments under Article 368 aim to preserve the overall continuity and stability of the existing constitutional framework, while the power to make a new Constitution or replace the existing one may involve a more fundamental disruption of the political and legal order.
    Implications for Fundamental Rights and the Basic Structure: The Supreme Court has interpreted the basic structure of the Constitution as being unamendable under Article 368. However, the power to make a new Constitution or replace the existing one may potentially allow for a reconsideration of the fundamental rights and the basic structure of the Constitution.
    Political Significance: The power to make a new Constitution or replace the existing one is typically associated with significant political events, such as the creation of a new nation or a major constitutional crisis. The exercise of this power can have far-reaching political implications, potentially leading to the reconfiguration of the power dynamics and the establishment of a new political order.
    In summary, the distinction between the amending power under Article 368 and the power to make new Constitutions or completely replace the existing one lies in the scope, degree of difficulty, preservation of continuity, implications for fundamental rights and the basic structure, and the political significance associated with each process. This distinction is crucial in understanding the legal and political dynamics of constitutional change in India.

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Aadhav Murthy
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Asked: July 15, 2024In:
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Examine the development of the Supreme Court’s theory of the Constitution’s fundamental structure as it was presented in the famous Kesavananda Bharati case. What are the main elements that make up the fundamental framework, and how has this concept restricted ...

upsc: amendments in indian constitution provisions
  1. Meena Mehara
    Meena Mehara Learner

    The doctrine of the basic structure of the Constitution, as established by the Supreme Court of India in the landmark Kesavananda Bharati case (1973), represents a significant development in constitutional jurisprudence. This doctrine places limits on the Parliament's power to amend the ConstitutionRead more

    The doctrine of the basic structure of the Constitution, as established by the Supreme Court of India in the landmark Kesavananda Bharati case (1973), represents a significant development in constitutional jurisprudence. This doctrine places limits on the Parliament’s power to amend the Constitution by asserting that certain essential features or principles of the Constitution are immutable and cannot be altered even through constitutional amendments.

    Evolution of the Doctrine
    Background to Kesavananda Bharati Case:

    The case arose in the context of constitutional amendments made by the Parliament that sought to curtail judicial review and expand its own powers.
    The central issue was whether there are any inherent limitations on the amending power of Parliament.
    Supreme Court’s Decision:

    The Supreme Court, through a historic 7-6 majority decision, held that while Parliament has the power to amend the Constitution under Article 368, this power is not unlimited.
    The Court asserted that Parliament cannot alter the “basic structure” or essential features of the Constitution that form its core foundation.
    Key Features of the Basic Structure:

    The exact components of the basic structure have not been exhaustively defined but typically include:
    Supremacy of the Constitution: Including the supremacy of the Constitution over other laws and organs of the state.
    Democratic and Republican Nature: Including free and fair elections, representative democracy, and republican form of government.
    Secularism: India’s commitment to secularism as enshrined in the Constitution.
    Federalism: The distribution of powers between the Centre and the states.
    Separation of Powers: The division of powers among the legislature, executive, and judiciary.
    Judicial Review: The power of the judiciary to review laws and executive actions for their constitutionality.
    Impact on Parliament’s Amending Power:

    The Kesavananda Bharati case established that Parliament cannot amend the Constitution in a manner that violates or destroys its basic structure.
    Amendments that seek to alter the basic structure can be subjected to judicial review, and if found to be in conflict with the basic structure, they can be declared unconstitutional and void.
    Limitations Imposed on Parliament
    Judicial Review: The doctrine empowers the judiciary to review constitutional amendments, ensuring they do not undermine the core principles of the Constitution.

    Consensus Building: Parliament must garner broad consensus and justify any amendments that might impact the basic structure, fostering a more deliberative and careful approach to constitutional changes.

    Stability and Continuity: The doctrine provides stability and continuity to the constitutional framework, preventing abrupt or radical changes that could undermine the foundational principles of the Republic.

    Criticisms and Interpretations
    Scope of Basic Structure: Critics argue that the doctrine’s scope remains vague, leading to potential judicial overreach or subjectivity in determining what constitutes the basic structure.

    Impact on Democratic Processes: Some argue that the doctrine limits the democratic will of the people as expressed through their elected representatives in Parliament.

    Conclusion
    The doctrine of the basic structure, as evolved through the Kesavananda Bharati case, stands as a bulwark against arbitrary constitutional amendments that threaten the foundational principles of India’s democracy. It has shaped constitutional interpretation and limited the Parliament’s amending power by affirming that certain core features of the Constitution are sacrosanct and cannot be altered without judicial scrutiny and justification. This doctrine ensures the enduring resilience and integrity of India’s constitutional framework while balancing the need for flexibility and adaptability in response to evolving societal needs and challenges.

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Aadhav Murthy
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Aadhav MurthyLearner
Asked: July 12, 2024In:
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The reserve program has not succeeded in accomplishing its goals even after decades of independence. Examine if subcategorization of caste-based reservations is necessary in this situation.

upsc: vulnerable sections
  1. Gopal Sharma
    Gopal Sharma Begginer

    The two main aims to provide reservation as per the Constitution of India are Advancement of Scheduled Castes (SC) and the Scheduled Tribes (ST) or any socially and educationally backward classes of citizens (Eg: OBC) or economically weaker sections (EWS). To an extent, reservation as a policy is puRead more

    The two main aims to provide reservation as per the Constitution of India are Advancement of Scheduled Castes (SC) and the Scheduled Tribes (ST) or any socially and educationally backward classes of citizens (Eg: OBC) or economically weaker sections (EWS). To an extent, reservation as a policy is pursued by the State to correct the historical injustice done to certain castes by the so-called “upper castes”.

    Reservations Have Failed Their Intended Objectives

    1. Eradication, not perpetuation of caste was the objective of the reservation policy but caste Based Reservation only perpetuated the notion of caste in society.
    2. Reservation was introduced to ensure that the historically underprivileged communities were given equal access to resources but irrespective of the economic progress they continue to remain socially disadvantaged.
    3. It has become a tool to meet narrow political ends through invoking class loyalties and primordial identities.
    4. The dominant and elite class within the backward castes has appropriated the benefits of reservation and the most marginalised within the backward castes have remained marginalised.
    5. Reservation has become the mechanism of exclusion rather than inclusion as many upper caste poors are also facing discrimination and injustice which breeds frustration in the society.
    6. The benefits of the reservation were successively enjoyed only by a few communities (or families), excluding the truly deserving ones. Even 70 years after independence, the demand for reservation has only increased.

    Need For Sub Categorisation

    Scheduled Castes or Scheduled Tribes are made up of several castes which are not homogenous. It is argued that some of the castes among the category remain grossly under-represented despite reservation in comparison to other Scheduled Castes. This inequality within the Scheduled Castes is underlined in several reports, and special quotas have been framed to address it.

    1. As India is a welfare state, its obligation is to undertake the emancipation of the deprived section of the community and eradicate inequalities.
    2. When the reservation creates inequalities within the reserved castes itself, it is required to be taken care of by the State making sub-classification and adopting a distributive justice method so that State resources do not concentrate in few hands and equal justice to all is provided.
    3. Justice involves redistribution and reallocation of resources and opportunities and equitable access to all public and social goods to fulfil the very purpose of the constitutional mandate of equal justice to all.
    4. If sub-classification is denied, it would defeat the right to equality by treating unequal as equal. There are unequals within the list of Scheduled Castes, Scheduled Tribes, and socially and educationally backward classes.
    5. Various reports indicate that Scheduled Castes and Scheduled Tribes do not constitute a homogenous group. The Supreme Court has also stated that States can sub-classify SC and ST in the Central List to provide preferential treatment to the “weakest out of the weak”.

    Arguments Against Sub-classification

    1. The argument is that the test or requirement of social and educational backwardness cannot be applied to Scheduled Castes and Scheduled Tribes.
    2. The special treatment is given to the SCs due to untouchability with which they have suffered since ages.
    3. In the N M Thomas V/S State Of Kerala case in 1976, the Supreme Court itself has admitted that Scheduled Castes are not castes but they are a class and hence should be treated as a class.
    4. Sub categorisation will be used to appease one vote-bank or the other among the SC/ST and thus a cause of social justice would end being politicised.

    The Supreme Court of India in the landmark Mandal case had held that there was no constitutional bar on a state classifying SEBCs as backward and more backward. The constitutional goal of social transformation cannot be achieved without taking into account changing social realities.

    Social Security Of Senior Citizens In Nascent Stage

    A recent survey by Agewell Research and Advocacy Centre for the United Nations showed that around 51% of respondents were not satisfied with the overall status of social security schemes for the elderly in India. Around 53% of the elderly find it difficult in utilizing the social security schemes and 79% found these are not sufficient to meet their basic needs, which shows the amateur approach of addressing the old age population.

    1. Insufficient Support: The allocation of IGNOAPS of Rs.200/500/month is highly underrated considering the inflation across period and living conditions.
    2. The Ministry of Social Justice which is the nodal ministry for senior citizen welfare is one among the ministries whose funds are most underutilised. Despite very less budgetary allocations compared to other ministries, the Parliamentary Standing Committee on Social Justice and Empowerment recently found the ministry spending only 66.58 per cent of the funds allocated.
    3. Urban Bias in schemes: Most old age schemes are oriented to urban areas, as the old age homes are spread across urban areas. This is despite more than 65% population living in rural areas.
    4. Poor palliative set up in hospitals: The ideals mentioned in schemes like National Programme for the Health Care of Elderly (NPHCE) are poorly implemented in the grassroots level. Poor infrastructure facilities in rural hospitals offer no respite to old age.
    5. Not addressing the “ Feminisation” of old age: Most of the schemes are gender-neutral and this marginalises the increasing female old age population.
    6. Bureaucratisation of schemes: Despite initiating reforms like Aadhaar enabled Bank accounts, DBT through JAM trinity, there are many cases of exclusion of old age due to complex procedures. For example, an instance of a woman in Odisha pulling her paralyzed mother in a cot to the bank to verify her account.
    7. Generic medical facilities: Not addressing the rising Non Communicable diseases among old age population.
    8. Rising Mental issues and social isolation are addressed in policy spheres. Most of the policy documents are silent on the aspect of utilising the rich experience of the old age population.
    9. Randomisation of selections of scheme beneficiary: Most of the schemes like RVY are appropriated by the well to do category .
    10. Lack of awareness of schemes: Most of the rural citizens are only aware of the IGNOAPS and not of any other rights like MWPSC Act and other benefits.
    11. Schemes not tailored for suiting the illiterate and non-technocratic masses.
    12. By the end of the 2050s, India’s beneficial demographic dividend will be closing and the rising old age population will be a reality. This category of citizens needs a holistic policy with visionary guidelines and sufficient funding to make our governance structure ready for it. States like Kerala, Tamilnadu which have good rural and primary health facilities are initiating coordinated Geriatric care which is a welcome initiative

    There needs to be a re-modelling of existing schemes and laws. Old age welfare by social security should not be accorded a peripheral position in the governance sphere and a Centre-state continuous discussion forum is needed. Recent amendments to Maintenance and Welfare of Parents and Senior Citizens (Amendment) Bill, 2019 is a welcome initiative.

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Aadhav Murthy
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Aadhav MurthyLearner
Asked: July 12, 2024In:
  • 2

Senior citizen social security is still in its infancy. Analyze critically?

upsc: elderly
  1. Dolly Mehara
    Dolly Mehara Learner

    As per the report “Caring for Our Elders” by UNFPA India’s old age population( above 60) would grow from 8.6% in 2011 to 19% ( around 300 million) by 2050. This means India has to ensure healthy ageing with policy measures during this current beneficial period of demographic dividend. Social securitRead more

    As per the report “Caring for Our Elders” by UNFPA India’s old age population( above 60) would grow from 8.6% in 2011 to 19% ( around 300 million) by 2050. This means India has to ensure healthy ageing with policy measures during this current beneficial period of demographic dividend. Social security could be said as the legislative or executive measure to support the vulnerable sections of society and is enshrined in Indian Directive Principles of State policy. Article 41 explicitly mentions the need to provide public assistance to the old age. Various initiatives have been taken to provide social security to the Indian senior citizens especially during this period of more Nuclear family and rural-Urban migration.

    Major Schemes For Senior Citizens

    1. Integrated Programme for older persons (IPOP) :Improve the quality of life of the Older Persons & capacity building of Government / NGOs / PRIs etc.
    2. Indira Gandhi National Old Age Pension Scheme (IGNOAPS) :Part of National Social Assistance Programme (NSAP) – Provision of Rs.200/month for age 60-79 & Rs.500/month for age 80 & above.
    3. Rashtriya Vayoshri Yojana (RVY) : Provision of aids and assistive living devices are provided to senior citizens belonging to BPL category.
    4. Varishtha Pension Bima Yojana ( (PMVVY): Varishtha Pension Bima Yojana (VPBY) is a scheme for the benefit of senior citizens aged 60 years and above. The scheme provides pension in the form of immediate annuity during the lifetime of the pensioner with the return of purchase price to the family/nominee on his/her death. Another variant of the old-age pension scheme is Pradhan Mantri Vaya Vandana Yojana, which provides an assured rate of return to senior citizens who are 60 and above.
    5. National Programme for the Health Care of Elderly (NPHCE) :To provide dedicated health facilities in district hospitals, community health centres (CHC), PHC etc.
    6. Senior Citizens’ Welfare Fund (SCWF): It has been established under the Finance Act, 2015, to be utilized for such schemes for the promotion of the welfare of senior citizens, in line with the National Policy on Older Persons.
    7. Legislations like Maintenance and Welfare of Parents and Senior Citizens Act(MWPSC), 2007, which was enacted to provide financial security, welfare and protection for senior citizens. It requires children to provide maintenance for their parents, and the government to provide old age homes and ensure medical care for senior citizens.

    Many of these schemes have improved the social perception about the need for senior citizen welfare. Also, schemes like IPOP have created an integrated chain of old-age care homes and NGO groupings across India. Creation of SCWF has allowed the utilization of unclaimed deposits of Public Provident Fund for senior citizens welfare. But despite these many schemes the social security of senior citizens in India is well below what’s needed and very much in the nascent stage.

    Social Security Of Senior Citizens In Nascent Stage

    A recent survey by Agewell Research and Advocacy Centre for the United Nations showed that around 51% of respondents were not satisfied with the overall status of social security schemes for the elderly in India. Around 53% of the elderly find it difficult in utilizing the social security schemes and 79% found these are not sufficient to meet their basic needs, which shows the amateur approach of addressing the old age population.

    1. Insufficient Support: The allocation of IGNOAPS of Rs.200/500/month is highly underrated considering the inflation across period and living conditions.
    2. The Ministry of Social Justice : Which is the nodal ministry for senior citizen welfare is one among the ministries whose funds are most underutilised. Despite very less budgetary allocations compared to other ministries, the Parliamentary Standing Committee on Social Justice and Empowerment recently found the ministry spending only 66.58 per cent of the funds allocated.
    3. Urban Bias in schemes: Most old age schemes are oriented to urban areas, as the old age homes are spread across urban areas. This is despite more than 65% population living in rural areas.
    4. Poor palliative set up in hospitals: The ideals mentioned in schemes like National Programme for the Health Care of Elderly (NPHCE) are poorly implemented in the grassroots level. Poor infrastructure facilities in rural hospitals offer no respite to old age.
    5. Not addressing the “ Feminisation” of old age: Most of the schemes are gender-neutral and this marginalises the increasing female old age population.
    6. Bureaucratisation of schemes: Despite initiating reforms like Aadhaar enabled Bank accounts, DBT through JAM trinity, there are many cases of exclusion of old age due to complex procedures. For example, an instance of a woman in Odisha pulling her paralyzed mother in a cot to the bank to verify her account.
    7. Generic medical facilities: Not addressing the rising Non Communicable diseases among old age population.
    8. Rising Mental issues and social isolation are addressed in policy spheres. Most of the policy documents are silent on the aspect of utilising the rich experience of the old age population.
    9. Randomisation of selections of scheme beneficiary: Most of the schemes like RVY are appropriated by the well to do category .
    10. Lack of awareness of schemes: Most of the rural citizens are only aware of the IGNOAPS and not of any other rights like MWPSC Act and other benefits.
    11. Schemes not tailored for suiting the illiterate and non-technocratic masses.
    12. By the end of the 2050s, India’s beneficial demographic dividend will be closing and the rising old age population will be a reality. This category of citizens needs a holistic policy with visionary guidelines and sufficient funding to make our governance structure ready for it. States like Kerala, Tamilnadu which have good rural and primary health facilities are initiating coordinated Geriatric care which is a welcome initiative.

    There needs to be a re-modelling of existing schemes and laws. Old age welfare by social security should not be accorded a peripheral position in the governance sphere and a Centre-state continuous discussion forum is needed. Recent amendments to Maintenance and Welfare of Parents and Senior Citizens (Amendment) Bill, 2019 is a welcome initiative.

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Aadhav Murthy
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Aadhav MurthyLearner
Asked: July 12, 2024In:
  • 2

Various strategies, policies, and suggestions from committees and commissions have been taken into consideration when developing various initiatives to address the issues faced by disadvantaged sectors. What safeguards are in place to guarantee that these plans are implemented successfully?

upsc: vulnerable sections
  1. Rajni Gautam
    Rajni Gautam Begginer

    The vulnerable sections in India comprise women, scheduled castes (SC), scheduled tribes (ST), children, aged, disabled, poor migrants, farmers, people living with HIV/AIDS and sexual minorities. These are the sections of the population which need government support and help to live a dignified lifeRead more

    The vulnerable sections in India comprise women, scheduled castes (SC), scheduled tribes (ST), children, aged, disabled, poor migrants, farmers, people living with HIV/AIDS and sexual minorities. These are the sections of the population which need government support and help to live a dignified life.

    Problems Faced By Vulnerable Sections

    They face a plethora of problems like

    1. Gender inequalities and discrimination.
    2. Caste-based discrimination.
    3. Weak purchasing power.
    4. Exclusion from social spaces.
    5. Health and educational inadequacies.
    6. Uneven and/or inadequate entitlements.
    7. Income and economic inequalities.

    Policies, Plans, Schemes For Vulnerable Sections

    Since independence Governments have come up with several policies like the 20 point program, National livelihood mission, and various five-year plans targeting upliftment of vulnerable sections. Also, it constituted various committees and commissions:

    1. Tendulkar Committee on poverty.
    2. Institute for physically handicapped.
    3. Xaxa committee for tribal communities.
    4. Sachar Committee for minorities.
    5. Swaminathan Committee for agricultural reforms.
    6. Ashoke Dalwai committee for doubling the farmer’s income.

    Based on recommendations of these bodies, and to fulfil the objectives of respective policies, various schemes for the upliftment of vulnerable sections have been developed over the years.

    SCHEME PURPOSE
    Mahila Kisan Yojana For providing financial assistance for rural women for taking up agriculture
    Mahila Samriddhi Yojana Micro Finance facility for females
    Venture Capital Funds for SCs To encourage and promote entrepreneurship among SCs
    Rashtriya Vayoshri Yojna For providing Physical Aids and Assisted-living Devices for Senior citizens belonging to BPL category.
    Divyangjan Swavalamban Yojana To assist the needy disabled persons by providing concessional loans for economic and overall empowerment.
    Garib Kalyan Rozgar Abhiyaan An employment scheme with an outlay of Rs 50,000 crore for migrant workers who returned to their home states during the coronavirus-induced lockdown.
    National AIDS Control Programme For assistance to HIV infected persons
    Midday Meal Scheme Tri ministerial initiative to improve health and education levels of children
    PM KISAN Scheme To provide income support to farmers
    Stand Up India For financing SC/ST or Women Entrepreneurs

    Mechanisms In Place To Ensure Effective Implementation

    1. Constitutional Provisions For The Sc/St/Obc And Minorities

    1. Article 17: This abolishes untouchability and its practice in any form b.
    2. Article 15(1): The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
    3. Article 16 (4A): This allows the state to implement reservation in the matter of promotion for SCs and STs.
    4. Article 19(5): It allows the state to impose a restriction on freedom of movement or of residence in the benefit of Scheduled Tribes.
    5. Article 39: Ensures equal pay to women for equal work.
    6. Articles 338/338A/339: Establishes a National Commission of SCs and STs. Art. 339 allows the central govt. to direct states to implement and execute plans for the betterment of SC/STs

    2. Ministries And Parliamentary Committees

    They not only formulate schemes and programmes but also supervise the implementation and take suo moto cognisance of the needs of the vulnerable sections and violation of their rights.

    1. Ministry of Agriculture & Farmers Welfare 2.
    2. Ministry of Minority Affairs 3.
    3. Ministry of Social Justice and Empowerment 4.
    4. Ministry of Tribal Affairs 5.
    5. Ministry of Women and Child Development

    3. Judiciary

    1. The Supreme Court through its activism has ensured that minority rights are respected in the country. Examples: Vishaka guidelines to prevent sexual harassment at the workplace; Verdict on section 377 IPC, etc.
    2. Judgments like Sabarimala, Triple Talaq and Navtej Singh Johar judgement, etc are also examples of how the judiciary works as a mechanism to implement rights of vulnerable sections.

    4. National And State Commissions

    1. Government has taken initiatives from time to time to establish/reconstitute NHRC, National Commission for Women (NCW), National Commission for minorities (NCM), etc for protecting human rights, women rights and minority rights respectively.
    2. In addition, the government has put in place the systematic mechanism to ensure effective implementation of the schemes through institutions, trusts, implementing agencies of State Government organisations and Non-Governmental Organisations.

    Since Independence, India has successfully passed and implemented various laws and schemes to uplift and empower vulnerable sections of society. India’s success is visible from the fact that about 273 million Indians moved out of multi-dimensional poverty between 2005-6 and 2015-16, according to a UN report. Similarly, recent initiatives in the form of three farmers’ bills and labour code bills along with One Nation One Ration are also the welfare measures being taken to resolve the issues of vulnerable sections of the Indian society.

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Aadhav Murthy
  • 2
Aadhav MurthyLearner
Asked: July 12, 2024In:
  • 2

Women’s safety in cities must be deliberately created rather than merely resulting from institutional or infrastructure issues. Analyze

upsc: urbanization & associated issues
  1. Shekhar jaat
    Shekhar jaat Begginer

    The safety of women in Indian cities has been a pertinent issue as violence has become a recurrent phenomenon. The Nirbhaya gang rape in the city of Delhi in 2012 is a testament to the unsafe nature of Indian cities’ safety infrastructure. India’s nation’s ranking in the 2018 World Economic Forum’sRead more

    The safety of women in Indian cities has been a pertinent issue as violence has become a recurrent phenomenon. The Nirbhaya gang rape in the city of Delhi in 2012 is a testament to the unsafe nature of Indian cities’ safety infrastructure. India’s nation’s ranking in the 2018 World Economic Forum’s (WEF) Gender Gap Index (GGI) was a dismal 108, same as in 2017. To make cities our ‘engines of growth’ it is important to make cities safer, more secure, and comfortable for women.

    Safety Of Women In Cities Through Institutional And Infrastructural Factors

    1. The Ministry of Home Affairs (MHA) has set up a new Women Safety Division’ on May 28, 2018, to strengthen measures for the safety of women in the country.
    2. The Ministry of Telecom mandated a physical panic button on all mobile phones in the country in 2015. It was noted that such a panic button must be backed by an emergency response mechanism through the local police when the panic button message would alert the specified family members etc. of a woman in distress. Now a dedicated Emergency Response Centre has been established through which the entire system will be operated.
    3. An online Safe City Implementation Monitoring (SCIM) portal has been developed by The Ministry of Home Affairs. The projects include the creation of ground assets & resources and mindset safety of women implemented across pre-identified 8 cities.
    4. SCIM will enable online tracking of deployment of assets and infrastructure created under the Safe City projects. SCIM facilitates an evidence-based online monitoring system. SCIM also creates a digital repository of assets, infrastructure, and social outreach programs, as well as best practices achieved in each City.
    5. MHA has approved a scheme to assist States and UTs for setting up of women’s help desks, of Rs.1,00,000/- (Rupees One Lakh) per police station.
    6. Measures have been taken to prevent crimes such as acid attacks such as banning over the counter sale of acid/corrosives unless the seller maintains a logbook/register recording the sale of acid which will contain the details of the person(s) to whom acid(s) is/are sold and the quantity sold.
    7. The MHA is assisting the state governments in modernizing its state police forces with equipment such as CCTV cameras, radio tetra sets, etc.
    8. The Criminal Law (Amendment) Act, 2013 was enacted for effective deterrence against sexual offences. Further, the Criminal Law (Amendment) Act, 2018, was enacted to prescribe even more stringent penal provisions including the death penalty for rape of a girl below the age of 12 years.
    9. Emergency Response Support System which provides a pan-India, single, internationally recognized number (112)-based system for all emergencies, with the computer-aided dispatch of field resources to the location of distress.
    10. The MHA has launched on September 20, 2018, National Database on Sexual Offenders (NDSO) to facilitate the investigation of sexual offenders across the country.
    11. One Stop Centre (OSC) scheme has been implemented across the country since April 1, 2015, which provides integrated services such as medical aid, police assistance, etc.
    12. A dedicated DNA analysis facility is proposed to be created in the forensic science laboratories on a mission mode due to complaints of delay in cases of sexual assault investigations. Timely testing of DNA samples from the crime scene is the quickest process of obtaining forensic evidence in cases of sexual assault on women.
    13. The Government of India has set up a non-lapsable corpus Nirbhaya Fund for enhancing the safety and security of women. The Ministry of Women and Child Development is also implementing Schemes including Mahila Police Volunteers‘ under Nirbhaya Fund Framework.

    Women Safety Needs To Be Strategically Produced

    1. Acknowledging the differential usage of space by men and women– be it public, private, or transitional to debunk the notion that what works for men will also work for women. To build a safe city, gender-sensitive city planning, implementation and enforcement go hand-in-hand.
    2. The change in the mindset of people is essential for the safety of women. It is essential to inculcate the values of respecting women and encouraging support for survivors instead of stigmatising them.
    3. Urban planning being a design and infrastructure prerogative – has traditionally never been associated with safety‘ in India, as it is seen as a law-and-order issue. Hence safety should be made a primary variable in urban design and planning.
    4. The need of the hour is a paradigm shift – from a male-centric urban development model to a gender-inclusive one – wherein planners are involved in the process of designing an inclusive and safe city for all including women.
    5. Mass awareness of laws on violence and the safety of women should be propagated. This will create social awareness and encourage bystanders to intervene in incidents involving women‘s safety issues.
    6. Have functional and visible helpdesks where women can receive immediate assistance. Sensitization of police, and medical personnel for handling such delicate cases. Police stations should provide comfort to women in registering their FIR.
    7. Availability and accessibility of safe public transport and other public facilities. Even modest measures like shifting a bus stop by few meters to a safer location, installing street lamps in an isolated stretch, or constructing safe, clean, and functional public toilets at regular intervals can greatly improve women‘s safety and accessibility in Indian cities.
    8. There should be fast-track courts to hear the cases and they should be investigated in a timebound manner. All the complaints involving safety issues should be registered immediately unaffected by the power, and connections of the accused.

    Way Forward

    1. The two global frameworks adopted by the United Nations last year- Sustainable Development Goals and New Urban Agenda outlined the cities we need for our next generations.
    2. The preamble to the Sustainable Development Agenda 2030 states, “the 17 Sustainable Development Goals and 169 targets seek to realize the human rights of all and to achieve gender equality and the empowerment of all women and girls.
    3. Hence policy leaders of our country should recognize that creating safe cities is key to achieving many of the UN’s Sustainable Development Goals (SDGs): Goal 4 on education, Goal 5 on gender equality, Goal 11 on inclusive cities, and Goal 16 on peace and justice.
    4. In this scenario, the call is for collective action for bringing the desired gradual social change. It is futile to burden the government with all the responsibilities of ensuring the safety of women without engaging all the stakeholders.
    5. Instead of this, the need is for taking collective action at the societal level. Hence, the safety of women is not necessarily dependent upon just the institutional and infrastructural factors, rather it is the duty of each citizen of the country to corroborate the security of women.

     

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Aadhav Murthy
  • 1
Aadhav MurthyLearner
Asked: July 12, 2024In:
  • 1

What distinguishes cultural pluralism from variety of culture? Which of these, in your opinion, can strengthen national cohesion?

upsc: diversity of india
  1. Ritika Sharma
    Ritika Sharma Learner

    Cultural diversity means the existence of diverse cultural, ethnic, religious, regional, linguistic groups. It involves not only recognition of the existence of different groups and identities, but calls for respecting and accommodating them. India is one of the examples of cultural diversity whereRead more

    Cultural diversity means the existence of diverse cultural, ethnic, religious, regional, linguistic groups. It involves not only recognition of the existence of different groups and identities, but calls for respecting and accommodating them. India is one of the examples of cultural diversity where unity resides in its diverse composition. Cultural pluralism means minority groups can maintain their existence and their distinct identity while simultaneously participating as equals in mainstream society. The United States is a culturally pluralistic democracy.

    CULTURAL DIVERSITY CULTURAL PLURALISM
    Cultural diversity acknowledges the existence of different cultures, religions, etc, in society. It is about respecting those differences and showing tolerance for those differences. Cultural pluralism is not only about recognizing these differences but also for providing a meaningful engagement among different religions, cultures, and ethnicities while allowing different cultural groups to maintain their own identity.
    Cultural diversity can be protected by provisions of the constitution and laws of the land. For example, article 29 mandates the protection of cultural and language rights. Pluralism cannot be forced by the government through laws, it gets incorporated in societies as they learn to accommodate and respect new cultures. India‘s long historical tradition of welcoming cultures that land at its shores allows for the presence of today‘s culturally plural society.
    Cultural diversity helps us to learn about different cultural perspectives. Learning about other cultures helps us understand different perspectives within the world in which we live. It helps dispel negative stereotypes and personal biases about different groups. In a pluralistic culture, different groups exist alongside each other and consider traits of each other as complements that help in maintaining the larger culture. Cultural pluralism emphasizes high expectations of the integration of members as opposed to the expectation of assimilation.
    All societies which practice cultural pluralism are societies with diverse cultures. Having multiple cultures is a prerequisite for cultural pluralism, but their mere presence of multiple cultures does not transform society into culturally pluralistic. This happens only when the dominant culture respects other cultures.
    For example, India, the USA, etc are culturally pluralistic because minority cultures are not only recognized but are practised openly, and there are interactions and complementarity between these cultures. In countries like Saudi Arabia, while a lot of migrants bring their culture along and the country now has a considerable South Asian diaspora, their cultures are suppressed and relegated to the private realm i.e. they are not allowed to practice their culture openly. Thus Saudi Arabia might be a heterogeneous society but not a culturally plural one.

    Cultural Diversity And National Unity

    The term diversity emphasizes differences of races, religions, languages, castes, cultures, and so on. While the term unity means integration and connotes a sense of oneness, a bond which holds the members of a society together. unity and diversity were not contradictory, but complementary. Diversity moves up to unity on the transcendental plane.

    1. Cultural diversity makes people understand and tolerate other cultures. Recognizing this diversity and accommodating them is of paramount importance to preserve the integrity of India.
    2. For example today most of the separatist movements in the northeast are because their unique cultural heritage is getting suppressed. attacks against northeast people in various parts of the country show lack of tolerance and understanding of their culture. This has created resentment leading to several separatist movements.
    3. Cultural elements like language and script are both binding and separating forces. People tend to react strongly if these elements are in danger. The movements for linguistic states can be seen in this context. Another good example is the official language movements of the 1960s.
    4. There is a tendency that these cultural movements lead to separatist movements if not adequately addressed. The creation of linguistic states, official language act, etc, has satisfied people. Today there is a body of literature that concludes the creation of separate linguistic states kept India united in the initial years of independence.
    5. Recognising and accommodation of cultural diversities create a sense of belongingness and inclusivity among the minority cultures which will strengthen national unity. For example, despite having the second-largest Muslim population in India, Muslim youth in India are not as radicalized as in the west because of recognition and tolerance towards their religion and culture.

    Recognizing the importance of Cultural diversity for national unity, the Indian state, its constitution, and laws have made several provisions in this regard. Provisions related to secularism in the form of Article 25, protection of cultural rights under article 29, including all major 22 languages under eight schedules of the constitution, linguistic states, having no national language and urging citizens to value and preserve the composite culture of India, show the importance attached to cultural diversity.

    Cultural Pluralism And National Unity

    The essence of cultural pluralism ensures that every religious or social group is allowed its own cultural space in which it has the right to practice its own beliefs and traditions. Cultural pluralism remains India’s strongest card and its best defence against attempts to weaken its integrity or national unity.

    1. By its very definition pluralism recognizes a larger number of competing interest groups that share the power. Pluralism serves as a model of democracy, where different groups can voice their opinions and ideas.
    2. This aspect of pluralism is important in a diverse country like India. Because if the power is not shared and the voice of minority sections is not heard, or if they are not allowed to participate while retaining their identity, then there is a danger of India turning into a majoritarian state.
    3. Pluralism is not just tolerance, but the active seeking of understanding across lines of difference. Tolerance thus does not require people of different faiths and cultures to know anything about one another. This leaves in place the stereotype, the half-truth, the fears that underlie old patterns of division and violence. For example, despite being a country of diverse culture, the stereotypes between north and southern India, against Muslims, and people of the northeast are prevalent in India.
    4. Pluralism is based on dialogue. The language of pluralism is that of dialogue and encounter, give and take, criticism, and self-criticism. Dialogue means both speaking and listening, and that process reveals both common understandings and real differences. Only when sensitive issues are discussed and debated, solutions can be found.

    The Indian Constitution’s adoption of group-differentiated rights in 1950 is an ode to India’s pluralistic history. This is also the precise reason why The Indian Constitution endures and continues to elicit a high level of support from across the political spectrum, including from critics seeking political change. When the question is of choosing between cultural diversity and cultural pluralism, it is essential to understand that both play an important role in strengthening the unity of India. The plurality of different cultural elements has allowed India to be seen as a country that respects all the traditions and beliefs. This has reiterated India’s commitment to unity in diversity. India cannot survive without inclusiveness and cultural pluralism. It is only when everyone is permitted to retain their diversity, the existence of unity can be ensured. Therefore both factors must coexist for enhancing and preserving the feeling of national unity.

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