Preliminary Examination: Current events of national importance and Polity
Mains Examination: General Studies-II: Polity, Parliament and State legislatures, Constitutional Bodies.
What’s the ongoing story: The Constitution amendment Bill meant to introduce ‘one nation, one election’ effectively proposes implementing simultaneous elections to the Lok Sabha and the Legislative Assemblies by 2034 at the earliest, if the present and the next Lok Sabha complete their five-year terms.
Key Points to Ponder:
• What is simultaneous elections?
• What is the history of simultaneous elections in India?
• Read the recommendations of the Kovind committee.
• What are the benefits of implementing simultaneous polls?
• What are the challenges associated with simultaneous polls?
• What are the constitutional provisions associated with the elections in India?
• How does the Election Commission of India (ECI) conduct elections in India?
• What are the challenges in conducting free and fair elections in India?
Key Takeaways:
• The Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, which was approved by the Cabinet Thursday and is expected to be introduced in the Lok Sabha soon, says the provisions of the amendment would come into effect on an “appointed date”, which the President will notify on the first sitting of the Lok Sabha after a general election.
• As The Indian Express reported Friday, this means that simultaneous elections can be held as early as 2034 if the appointed date is notified on the first sitting of the Lok Sabha elected in 2029, as the first sitting of the House elected earlier this year has passed.
• The Bill, circulated among MPs Friday evening, proposes to add a new Article — 82 (A) (simultaneous elections to the House of the People and all Legislative Assemblies) — and to amend Article 83 (Duration of Houses of Parliament); Article 172 (Duration of State Legislatures); and Article 327 (Power of Parliament to make provision with respect to elections to Legislatures).
• As per recommendations of the high-level committee chaired by former President Ram Nath Kovind, the Bill proposes amendments and insertion of new Articles that would enable the syncing of the terms of the Lok Sabha and state Assemblies.
• The Assemblies elected after the appointed date will come to an end with the end of the full term of the Lok Sabha. If the Lok Sabha or any state Assembly is dissolved before the end of the full term, mid-term elections for that legislature alone would be held for the remainder of the five-year term.
From the editorial page “NO One Voice, please”
• S Y Quraishi writes— “On December 12, the Union Cabinet approved a controversial proposal to implement simultaneous elections across India, involving all three tiers of elections, namely, the Lok Sabha, State Legislative Assemblies, and local bodies. This is in pursuance of the recommendations of a high-level committee chaired by former President Ram Nath Kovind, which submitted its report on the “One Nation, One Election” plan this September.”
• “It is noteworthy that the committee was not given the freedom to study the pros and cons of simultaneous elections but to suggest legislative and administrative measures required to implement it.”
• “The committee, established on September 2, 2023, worked for 191 days and submitted an 18,626-page report on March 14, 2024. According to the report, suggestions were invited from the public and 21,558 responses were received, with 80 per cent supporting simultaneous elections. However, critics have pointed out that suggestions were invited only in Hindi and English. Therefore, the response does not reflect the sentiments of all regions of India.”
• “Of the 47 political parties who responded, 32 (all members of NDA) favoured the proposal while 15 opposed it, labelling it anti-democratic and anti-federal. They expressed concern that the move could marginalise regional parties, promote national-party dominance, and lead to a presidential-style government.”
• Several concerns were raised of which foremost was that state and local issues may be overshadowed by national narratives. States may lose the flexibility to dissolve assemblies or hold elections based on their political needs. It may also affect the outcomes of state elections. Also, if an assembly is dissolved early due to a hung legislature or no-confidence motion, aligning the new election with the national schedule could be problematic.
• “It is important to note that the committee did not examine alternative solutions to high costs and “policy paralysis” as its mandate precluded.”
Do You Know:
• Simultaneous elections, popularly referred to as “One Nation, One Election”, means holding elections to Lok Sabha, all state Legislative Assemblies, and urban and rural local bodies (municipalities and panchayats) at the same time.
• Currently, all these elections are held independently of one another, following timelines dictated by the terms of every individual elected body.
• The concept of “Simultaneous Election” is not alien to India. India has a history of holding simultaneous elections. Our democratic journey began with the first general election, where both the Lok Sabha and state assembly elections were conducted at the same time.
Other Important Articles Covering the same topic:
📍UPSC Issue at a Glance | What has reignited the “One Nation, One Election” debate?
Previous year UPSC Prelims Question Covering similar theme:
(1) Consider the following statements: (UPSC CSE 2021)
1. In India, there is no law restricting the candidates from contesting in one Lok Sabha election from three constituencies.
2. In the 1991 Lok Sabha Election, Shri Devi Lal contested from three Lok Sabha constituencies.
3. As per the existing rules, if a candidate contests in one Lok Sabha election from many constituencies, his/her party should bear the cost of bye-elections to the constituencies vacated by him/her winning in all the constituencies.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) 1 and 3
(d) 2 and 3
(2) With reference to the High-level Committee (HLC) on “One Nation, One Election”, consider the following statements:
1. The committee recommended the preparation of single electoral roll and electoral photo identity cards.
2. The Constitution should be amended to enable simultaneous elections.
How many of the above are the recommendations of the High-level Committee (HLC)?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
EXPRESS NETWORK
PIL in SC seeks review of dowry law
Syllabus:
Preliminary Examination: Current events of national and international importance.
Mains Examination: General Studies-I, II: Salient features of Indian Society, Role of women, Governmentpolicies and interventions.
What’s the ongoing story: A public interest litigation (PIL) filed in the Supreme Court, in the wake of suicide by a techie in Bengaluru, has sought the court’s intervention to review and reform the existing dowry and domestic violence laws.
Key Points to Ponder:
• What is the Dowry Prohibition Act of 1961? What are its key provisions?
• What are the issues and concerns associated with the Dowry Prohibition Act?
• What is the objective of IPC Section 498A in the Indian Penal Code?
• What are the concerns raised by the Supreme Court regarding IPC Section 498A?
• What are the reasons behind the increasing misuse of Section 498A of the Indian Penal Code (IPC) in dowry-related cases?
• What are the factors contributing to the persistence of the dowry system in India despite legal prohibitions?
• What steps have been taken by the judiciary and legislature to balance the misuse of dowry laws and the protection of genuine victims?
Key Takeaways:
• The plea by advocate Vishal Tiwari said that ‘The Dowry Prohibition Act’ and Section 498A of IPC “was meant to protect the married women from the dowry demands and harassment for that but in our country these laws become weapon to settle unnecessary and illegal demands and to suppress the husbands family when any other nature of dispute arises between husband and wife.”
• The plea said that because of cases of false implication of married men using these laws, the real incidents of cruelty against women are looked at with suspicion.
• Referring to the suicide of the techie Atul Subhash, the petition said this has triggered a nationwide debate on the misuse of dowry prohibition laws and also men’s mental health.
Do You Know:
• IPC Section 498A was introduced in the year 1983 to protect married women from being subjected to cruelty by the husband or his relatives. A punishment extending to 3 years and fine has been prescribed. The expression “cruelty” has been defined in wide terms so as to include inflicting physical or mental harm to the body or health of the woman and indulging in acts of harassment with a view to coerce her or her relations to meet any unlawful demand for any property or valuable security. Harassment for dowry falls within the sweep of latter limb of the section. Creating a situation driving the woman to commit suicide is also one of the ingredients of “cruelty”.
• The 243rd Report of the Law Commission which specifically dealt with Sec. 498-A strongly recommended that the offence remain non-bailable, however reiterated that it should be made compoundable as recommended by the Commission in its previous reports including the 237th Report.
Other Important Articles Covering the same topic:
📍Supreme Court criticises ‘growing misuse’ of IPC section 498A against husbands and their kin for ‘personal vendetta’
Previous year UPSC Mains Question Covering similar theme:
We are witnessing increasing instances of sexual violence against women in the country. Despite existing legal provisions against it, the number of such incidences is on the rise. Suggest some innovative measures to tackle this menace. (UPSC CSE 2014)
THE EDITORIAL PAGE
Sacred, Constitutional
Syllabus:
Preliminary Examination: Current events of national importance, Indian Polity and Governance- Constitution, Rights Issues
Mains Examination: General Studies -I, II: Secularism, Constitution of India- basic structure
What’s the ongoing story: The Supreme Court Thursday barred district courts across the country from registering fresh suits challenging the ownership and title of any place of worship or ordering surveys of disputed religious places until further orders.
Key Points to Ponder:
• What is the Places of Worship (Special Provisions) Act, 1991? What are its key provisions?
• What is the basic structure doctrine?
• What did the Supreme Court say about the Places of Worship Act in its Ayodhya judgement?
• What is judicial review? How does the Places of Worship Act limit the power of judicial review of the judiciary?
• Critically examine the significance of the Places of Worship Act in the context of communal harmony and legal disputes.
• What are the constitutional and legal challenges related to the Places of Worship (Special Provisions) Act, 1991?
• How judicial interpretations of the Places of Worship Act, 1991, can impact the resolution of historical disputes involving religious sites?
Key Takeaways:
• Chief Justice of India Sanjiv Khanna’s directive to trial courts to not pass any “effective orders” is a very welcome decision. This intervention, which comes just two weeks after four lives were lost in Uttar Pradesh’s Sambhal in the violence that followed the survey of the town’s medieval mosque, was long overdue.
• On May 21, 2022, an oral observation by then CJI D Y Chandrachud that a survey would not violate the 1991 Places of Worship Act, effectively, became the basis for several such suits and surveys, including the one in Sambhal.
• As the court now frames the challenge to the 1991 Places of Worship Act, the fraught history that led to its enactment is inescapable. The law was brought in by the then Congress government of Prime Minister P V Narasimha Rao at a time when the Ram temple movement was at its peak.
• One of the judges on the bench Thursday, Justice KV Viswanathan, prudently pointed out that the 1991 law is only an “effective manifestation or a reiteration of the already embedded constitutional principles.”
• In 2020, while deciding the Ayodhya dispute, the SC had said that the law embodied a constitutional commitment to “equality of all religions and secularism which is a part of the basic structure of the Constitution.” The ruling had also recognised “non-retrogression” as a foundational feature of the constitution.
Do You Know:
• The Places of Worship Act, 1991, was brought in the wake of the Ayodhya movement. It prohibits the conversion of any place of worship and provides for the maintenance of the religious character of places of worship as it existed on August 15, 1947.
• Section 3 of the Places of Worship (Special Provisions) Act bars the conversion, in full or part, of a place of worship of any religious denomination into a place of worship of a different religious denomination — or even a different segment of the same religious denomination.
Other Important Articles Covering the same topic:
📍Knowledge nugget of the day: Places of Worship Act
UPSC Prelims Practice Question Covering similar theme:
(3) Consider the following statements with reference to the Places of Worship Act, 1991:
1. It states that the religious character of any place of worship as it existed on August 15, 1950, must be maintained.
2. Section 3 of the Act bars the conversion, in full or part, of a place of worship of any religious denomination into a place of worship of a different religious denomination.
3. The Act was brought in by the P V Narasimha Rao-led Congress government.
Which of the statements given above are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1,2 and 3
ECONOMY
Switzerland suspends MFN status to India in tax avoidance agreement
Syllabus:
Preliminary Examination: Current events of national and international importance
Mains Examination: General Studies-III: Indian Economy and issues relating to planning, mobilisation of resources, growth, Effects of liberalisation on the economy
What’s the ongoing story: In what could potentially impact Swiss investments in India and higher taxes on Indian companies operating in Switzerland starting January 1, 2025, Switzerland has suspended the Most-Favoured-Nation (MFN) clause in the Double Taxation Avoidance Agreement (DTAA) that India and Switzerland entered originally in 1994 and amended in 2010, a statement released by the Swiss government dated December 11 showed.
Key Points to Ponder:
• What is preferential treatment in a free trade agreement?
• What is the most favoured nation (MFN) principle?
• How does MFN status suspension by Switzerland impact India?
• What are the advantages and disadvantages of MFN?
• Discuss the significance of the Supreme Court’s ruling on the DTAA in 2023. How did it influence India’s bilateral treaty obligations with Switzerland?
• What are the potential economic impacts of the Swiss decision to impose higher withholding taxes on dividends for Swiss investments in India?
• What is a Double Taxation Avoidance Agreement (DTAA)?
• What is the European Free Trade Association?
• Map Work: Locate Iceland, Liechtenstein, Norway, and Switzerland.
Key Takeaways:
• This decision follows a ruling by the Indian Supreme Court last year, which determined that the DTAA cannot be enforced unless it is notified under the Income-Tax Act. As a result, Swiss companies such as Nestlé face higher taxes on dividends.
• The Supreme Court ruling effectively overturned a Delhi High Court order that had ensured companies and individuals were not subject to double taxation while working in or for foreign entities.
• Tax experts said that the move by the Swiss could “impact investments” in India as dividends would be subject to “higher withholding tax”. This poses risk to the $100 billion investment commitment in India over a 15-year period by the four-nation European Free Trade Association (EFTA), an intergovernmental grouping of Iceland, Liechtenstein, Norway and Switzerland under a trade pact signed in March this year.
• The Swiss authorities said that the suspension was enforced due to a lack of “reciprocity” in the DTAA by the Indian government. They added that for dividends due on or after January 1, 2025, the residual tax rate in the source state would be limited to 10 per cent.
• The Supreme Court ruling had said that a country could claim benefits under a DTAA from the date of its treaty agreement and not from a later date when another country gained from entering a new treaty.
• The case addressed bilateral treaty issues, including whether a country could invoke the MFN clause when the third country in the DTAA was not an Organisation for Economic Co-operation and Development (OECD) member at the time of signing, and whether the MFN clause could automatically apply or required a notification to take effect.
Do You Know:
• Most Favoured Nation is a treatment accorded to a trade partner to ensure non-discriminatory trade between two countries vis-a-vis other trade partners. The importance of MFN is shown in the fact that it is the first clause in the General Agreement on Tariffs and Trade (GATT).
• Under WTO rules, a member country cannot discriminate between its trade partners. If a special status is granted to a trade partner, it must be extended to all members of the WTO.
• MFN status is extremely gainful to developing countries. The clear upsides are access to a wider market for trade goods, reduced cost of export items owing to highly reduced tariffs and trade barriers. These essentially lead to more competitive trade.
• MFN also cuts down bureaucratic hurdles and various kinds of tariffs are set at par for all imports. It then increases demands for the goods and giving a boost to the economy and export sector. It also heals the negative impact caused to the economy due to trade protectionism. This irks the domestic industry. However, in the long run, it makes them more competitive and robust.
Other Important Articles Covering the same topic:
📍Most Favoured Nation status: What is it all about?
UPSC Prelims Practice Question Covering similar theme:
(4) Consider the following statements:
1. Most Favoured Nation is a treatment accorded to a trade partner to ensure non-discriminatory trade between two countries vis-a-vis other trade partners.
2. It is the first clause in the General Agreement on Tariffs and Trade.
3. MFN status is extremely gainful to developing countries.
How many of the statements given above are correct?
(a) Only one
(b) Only two
(c) All three
(d) None
How Railway (Amendment) Bill could impact the national transporter
Syllabus:
Preliminary Examination: Current events of national importance and economic development
Mains Examination: General Studies-II, III: Government policies and interventions Infrastructure: Energy, Ports, Roads, Airports, Railways etc.
What’s the ongoing story: Amid heated arguments between the government and opposition inside Parliament, Lok Sabha on Wednesday (December 13) passed the The Railways (Amendment) Bill, 2024.
Key Points to Ponder:
• What are the highlights of the Railways (Amendment) Bill, 2024?
• Why did the government bring the bill?
• Read about the Indian Railway Board Act, 1905, and the Railways Act, 1989.
• Read about the history of Indian railways.
• What are the issues and concerns associated with the Indian railways?
• What initiatives have been taken by the government for the modernization of Indian railways?
Key Takeaways:
• The Bill seeks to repeal the Indian Railway Board Act, 1905 and incorporate its provisions into the Railways Act, 1989. And although the contents of the new legislation itself did not receive much criticism, many MPs expressed concerns about the Bill failing to address larger issues pertaining to the railways including safety, vacancies, and decentralisation of power at the zonal and division levels.
• The construction of India’s railway network began as a branch of the Public Works Department before Independence. When the network expanded, Indian Railways Act, 1890, was enacted to enable proper functioning of different railway entities. Later, the railway organisation was separated from the Public Works Department and the Indian Railway Board Act, 1905 was then enacted to provide the Railway Board with certain powers or functions under the Indian Railways Act, 1890.
• While the Act of 1890 was repealed in 1989 when the Railways Act was enacted, the Railway Board Act, 1905 remained in existence, and Chairman & members of the board continued to be appointed under this law.
• The government said that the new Bill will simplify the law by integrating the Railway Board (1905 Act) into the Railway Act. They also said that this will reduce the need to refer to two laws. The Bill was introduced in Lok Sabha on August 9, 2024.
Do You Know:
• The Bill amends Section 2 of the Railways Act, 1989, and inserts a new chapter IA which pertains to the Railway Board. It makes provision to provide certain powers to the Railway Board “as prescribed by the Central Government”.
• It says that the Centre may invest the Railway Board, either absolutely or subject to any conditions, with all or any of the powers or functions of the Central Government under this Act with respect to all or any Railways.
• Along with this, the Chairman and members of the board appointed under the 1905 Act shall be deemed to have been appointed under this Act as well. The Railway Board is already in existence, and the Bill does not propose to create any new Board or body.
Other Important Articles Covering the same topic:
📍Why Railways Amendment Bill 2024 was introduced, how MPs reacted to it
UPSC Prelims Practice Question Covering similar theme:
(5)The Indian Railways renewed an existing pact with which country for technological collaboration, track maintenance, and infrastructure modernisation in the rail sector?
(a) United States
(b) Norway
(c) Switzerland
(d) France
EXPLAINED
First ice-free day in the Arctic could come by 2030, says new study: Why does it matter?
Syllabus:
Preliminary Examination: Current events of national and international importance, Environment
Mains Examination: General Studies-III: Conservation, environmental pollution and degradation, environmental impact assessment.
What’s the ongoing story: The Arctic Ocean may see its first ice-free day — when its waters have less than one million square kilometres of sea ice — by 2030, or sooner than previously expected, according to a new study.
Key Points to Ponder:
• What is the significance of the first ice-free day in the Arctic, and what factors could contribute to its occurrence by 2030?
• Analyze the impact of the albedo effect concerning Arctic sea ice loss. How does this phenomenon contribute to global climate change?
• Discuss the potential global consequences of an ice-free Arctic Ocean.
• How might an ice-free Arctic Ocean affect mid-latitude weather patterns and ecosystems?
• What measures are necessary to mitigate the impacts of Arctic sea ice loss?
Key Takeaways:
• The scenario is unlikely to happen but it is possible, and its plausibility is increasing as humans continue to emit heat-trapping greenhouse gases (GHGs) at unprecedented levels, the analysis said.
• The study, ‘The first ice-free day in the Arctic Ocean could occur before 2030’, was published in the journal Nature Communications. It was carried out by Céline Heuzé from the University of Gothenburg (Sweden), and Alexandra Jahn from the University of Colorado Boulder (USA).
• Arctic sea ice has been shrinking for decades. In the last 40 years, the sea ice extent has been decreasing by 12.6% each decade, a pace of decline that is unmatched by any point in at least the last 1,500 years, according to a 2023 report in the MIT Climate Portal.
• Although there is uncertainty over when exactly the first ice-free day will occur, there is consensus among scientists that it will definitely take place at some point. The only way to thwart the first ice-free day is to dramatically reduce GHG emissions, which is unlikely to happen anytime soon. In 2023, the globally averaged surface concentrations of carbon dioxide, methane, and nitrous oxide reached new highs, according to a report by the World Meteorological Organization (WMO).
• The study also said that the first ice-free day occurs within the next few years, it may be followed by several more. The climate model simulations predicted that the ice-free period can last between 11 and 53 days. This means that the Arctic can also witness the first ice-free month.
Do You Know:
• The loss of sea ice in the Arctic would have far-reaching consequences. For example, it would exacerbate climate change. This could happen due to something called the Albedo effect, or how much sunlight (solar energy) a surface reflects. Sea ice keeps temperatures down in the polar regions, as its bright, white surface reflects more sunlight back to space than liquid water. Once it vanishes, the Arctic will become even warmer, triggering more extreme weather events in the mid-latitudes, according to scientists.
Other Important Articles Covering the same topic:
📍 Warming Arctic Ocean driving intense carbon emissions, finds NASA study
📍 How the hottest summer ever affected the Arctic: 5 things you need to know
| EPFO works on plan to introduce ATM card facility for withdrawal of funds | Retirement fund body Employees’ Provident Fund Organisation (EPFO) is working towards rolling out a facility that will allow members to withdraw funds from their corpus through an ATM card. The ATM-card type withdrawal from the EPFO, which would be subject to a certain ceiling, is likely to be rolled out by the middle of next year, officials said. The move by the EPFO for an ATM-card type facility comes in the wake of concerns over a high rate of rejection of EPF final settlements in recent months. |
| India-UAE’s common goal to preserve, promote stability, security of our regions, says Jaishankar | External Affairs Minister S Jaishankar Friday said India and UAE have common interest in preserving and promoting the stability, security and prosperity of both the region. He also said enhancing defence and security cooperation between the two nations will contribute to this goal. |
| Dispute over Kalyan’s Durgadi Fort: Why court sided with govt | On September 20, 1968, Shiv Sena founder Bal Thackeray unfurled a saffron flag at the Durgadi Fort in Kalyan, long a site of contention between local Hindu and Muslim communities. This was a pivotal moment in Maharashtra’s political history, as it marked the Sena’s very first prominent foray into Hindu revivalism.
The earliest references to the Durgadi Fort date to the 16th century when Kalyan, some 50 km northeast of present-day Mumbai, was a prominent trading port under the Bijapur-based Adil Shahi Sultanate. The fort, spread out over roughly 70 acres, stands at the northeastern corner of the city, on an elevated ground next to the Ulhas river. According to historical documents compiled by the erstwhile British government, the fort has existed since 1570, with British accounts stating that it housed a “Musalman tomb, prayer place, and other buildings”. |
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