Context: Recently,  The Union Government submitted an affidavit in the Supreme Court stating that 32,381 people were ‘detected to be foreigners’ by the Foreigners Tribunals in Assam since 1966.

Statistics from Affidavit

• 17,861 persons registered with the Foreigners Regional Registration Office (FRRO) this year.
• 3,34,966 cases were disposed of by 100 FTs operational in Assam.
• 97,714 cases were pending in FTs.
• 8,461 cases arising out of FTs were pending before the Gauhati High Court.

What are foreigners tribunals?

• Foreigners Tribunals are  quasi-judicial bodies set up under  the Foreigners’ Tribunal Order, 1964 and the Foreigners Act, 1946 to enable state administration (District Collector/superintendents of police (SPs) to refer to a person suspected of being a foreigner.
  • It is functioning only in the state of Assam presently.
• Power: The Tribunal Possesss Civil Court while trying a suit under The CPC, 1908.
  • The Court can summon and request the attendance of any individual and examine him/her on oath.
  • The Tribunal can request anyone to produce the necessary documents.
  • The Tribunal can commission examining any witness, as and when required.
• 2019 Amendment to The (Foreigners Tribunals) Order, 1964
  • District Magistrates have the authority to establish Foreigners Tribunals in their respective area of operation to determine the legality of a person’s citizenship status
  • An individual can now in their own capacity can file an appeal in FTs to prove their citizenship if left out of NRC( Assam).

News source: The Hindu

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Context: According to a recent report released by the Convention on the Conservation of Migratory Species of Wild Animals (CMS) reveals that  Climate change has a  devastating impact on migratory species

Key Findings of the Report

• Direct impact of climate change on migratory Species: The Climate Change and Migratory Species: A Review of Impacts, Conservation Actions, Indicators, and Ecosystem Services report published at the ongoing 28th Conference of Parties to the United Nations Framework Convention on Climate Change reveals that climate change has a direct impact on aerial, aquatic and terrestrial migratory species.
• Climate Impact: These include poleward range shifts of terrestrial animals, changes in the timing of migration, and increased probability of deaths and survival due to extreme weather conditions such as heatwaves, and torrential rains among others.
• Global rise in temperatures:

• • Food availability: Warmer temperatures affect the timing and abundance of food availability such as plankton blooms.
  • Species replacement: Cold-water copepods are replaced with warm-water species, resulting in reducing the flush of plankton for fish which results in a shortage of juvenile fish such as sand eels in the vicinity of seabird colonies crucial for seabirds
  • Affect on growth patterns: The higher temperatures were also found to affect Afro-Palearctic migratory passerines such as Barn Swallow chick growth causing a reduction in their growth
  • Stress: An increase in temperatures was found to have increased stress among terrestrial mammals, reduced reproductive success, and decreased population sizes.
  • Habitat loss: Habitat loss due to climate change was observed to be another factor that threatens populations such as Iranian leopard, lions, brown bears, gobi bears, and Asian and African Elephants
  • Affects breeding patterns: Seal and sea lion species that are reliant on sea ice for breeding may be particularly vulnerable to climate change.
  • Affects sex ratios: With regards to reptiles, the phenomenon of temperature-dependent sex determination which increases in the female: male hatchling sex ratio can be directly correlated to increasing temperatures.
  • Extreme weather: Extreme weather affected Shag, which has poor weather-proofing and becomes extremely prone to high mortality due to stormy or wet conditions.
• Scientific evidence: The COP28 report sets out robust scientific evidence that climate change is already having a significant impact on many species around the world that are dependent on migration for their survival
  • Water Crisis: Changes in water availability are causing the loss of wetlands and reduced river flows impacting the migration of fish and waterbirds.
• Extreme events: Extreme climate-related events such as landslides are causing severe habitat destruction and have already been observed at some seabird breeding sites.
• Affecting ecosystems: Climate change is severely disrupting these critical paths, altering ecosystems and affecting the availability of resources.

News Source: Down to Earth

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Context: According to Media Reports, the USA is concerned with  Israel’s use of White Phosphorus in its offensive against Hamas and Hezbollah.

Israel used U.S.-supplied white phosphorus in the Lebanon attack

• 9 civilians were injured in an Israeli attack in southern Lebanon using what appeared to be US-supplied white phosphorus. 
• Remnants of three artillery rounds with serial numbers showed they were made in the United States.
• Lebanon said that Israel’s use of the weapon in “repeated” attacks had burned 40,000 olive trees.

About White Phosphorus

• It is a chemical waxy solid substance with an odor resembling garlic.
• Properties: It is either colorless or has a yellow tinge to it.
  • It is flammable in contact with oxygen.
  • Once ignited, it is very difficult to extinguish. It sticks to surfaces like skin and clothing.
• Risk: White phosphorus is harmful by all routes of exposure.
  • It can cause deep and severe burns, penetrating even through bone, and has been known to reignite after initial treatment.
  • The smoke also harms the eyes and respiratory tract due to phosphoric acids and phosphine.
• Application: Used by militaries to illuminate battlefields, generate a smokescreen and act as an incendiary.

Legal status

• It falls under the regulations of Protocol III of the CCW (Convention on Chemical Weapons) when used as an incendiary weapon and not for chemical warfare
  • Violation of the convention will be considered only if it is used, on purpose, as an incendiary weapon directly against humans in a civilian setting (urban area/ residential area).
  • Breaching of these legal principles can lead to global condemnation, investigations, and potential prosecution for war crimes.

News source: Livemint

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Context: The Centre has decided to withdraw the three new criminal law bills from Lok Sabha to bring in new draft laws, reflecting some of the changes suggested by the Parliamentary panel. 

Govt. withdraws three criminal laws, to replace them with new Bills

• Three criminal law reform bills – Bharatiya Nyaya Sanhita (BNS), Bharatiya Sakshya Bill, and Bharatiya Nagarik Suraksha Sanhita- were introduced in the Lok Sabha in August 2023 to replace the Indian Penal Code, the Indian Evidence Act and the Code of Criminal Procedure respectively.These bills were referred to the Standing Committee on Home Affairs after they were introduced. 

• Based on the recommendations by the committee and other experts, the government wants to redraft the bills and has withdrawn the bill. 

Criminal Law Reforms Committee

• May 4, 2020: The Ministry of Home Affairs in India, established a committee to review the three major codes of criminal law that constitute the foundation of India’s legal system since British times. 
  • Headed by: Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi.
  • Mandate: To assess and suggest changes to the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act.
• February 27, 2022: The committee submitted its recommendations on the criminal law amendments.

Suggestions by the Parliamentary Panel on the bills

• Wide Sweep: The IPC provides protection from prosecution to a person of unsound mind. The draft BNS changes this to a person with mental illness. The standing committee recommended that the government bring back the term “unsound mind” instead of “mental illness” since the latter is “too wide in its scope”.
• Extramarital Affairs: The committee also recommended that the new Bill should contain a section criminalizing adultery but in a gender-neutral form. However, the government has not accepted this recommendation. Earlier, this section related to adultery had been decriminalized in 2018 by the Supreme Court.
• Criminalise non-consensual homosexual activity: The committee has also recommended the retention of a provision similar to Section 377 IPC to criminalize non-consensual homosexual acts.
• Digital Forensics: The panel also recommended provisions in the new CrPC bill to secure digital evidence in light of the increasing importance of digital devices and the internet.  
• Detention: However, some concerns were also expressed regarding the provision allowing police custody beyond 15 days of arrest. It also suggested that modalities of online FIR be left to the States.

Source: Indian Express

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Context: Recently, the Prime Minister addressed the nation in the ‘Viksit Bharat @2047: Voice of Youth workshop and urged citizens to pledge, ‘Whatever I do, should be for a developed India.’ 

PM launches ‘Viksit Bharat @2047: Voice of Youth’

• He also stressed on Jan Bhagidari (citizen PArticipation) as a mantra to accomplish the dream of a developed nation within the Amritkal period ahead of us. 
• Integration of Youngster: Viksit Bharat @2047: The Voice of Youth initiative aims to integrate our youngsters towards building a developed India.
• • It will provide a platform for the country’s youth to contribute ideas to the vision of Viksit Bharat @2047.
• Other Initiatives under Viksit Bharat: the ‘Viksit Bharat Sankalp Yatra’, which aims to generate awareness and saturation of the flagship government schemes. 

About Viksit Bharat @2047

• Vision of Developed Nation: Viksit Bharat @2047 is the vision to make India a developed nation by 2047, the 100th year of independence. 
  • The vision encompasses various aspects of development, including economic growth, social progress, environmental sustainability, and good governance.
• Task Group: The Sectoral Group of Secretaries (GoS) has been tasked to prepare a vision document for respective sectors after extensive stakeholders consulted with the “whole of the government” and “whole of the country” approach.
• The vision document of Viksit Bharat 2047 is expected to be released by the end of the year 2023 or the beginning of the next year. 

What are the targets for Developed India?

• The proposed measures should boost India’s gross domestic product (GDP) to $6.69 trillion in 2030, $16.13 trillion by 2040, and $29.02 trillion by 2047. 
• The projections for per capita income at current prices, based on the blueprint, are $4,418 by 2030, $10,021 by 2040, and $17,590 by 2047. 
• That means, the present per capita income of about Rs 2 lakhs, will become about Rs 14.9 Lakhs by 2047. 
• Exports targets are $1.58 trillion by value in 2030, $4.56 trillion by 2040, and $8.67 trillion by 2047.

Must Read: Government Preparing To Release Vision India 2047, here.

Source: Livemint

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Context: POSH Act was notified and implemented on 9th Dec 2013. The Act has been completed 10 years since then.

What is the POSH Act?

• Objective: To protect against sexual harassment of women in their workplace, public or private, to ensure gender equality, right to dignity, and a favourable working environment.
• It gave legislative backing to the Vishaka Guidelines.  

POSH Act: Origin 

• Incident: In 1992, Bhanwari Devi, a social worker with the Women’s Development Project of the Rajasthan government was gang-raped by five men after she tried to prevent the marriage of a one-year-old girl. 
• SC Action: During the trials, SC noted the absence of any law against “sexual harassment at workplaces”, and laid down a set of guidelines in 1997, known as the Vishakha Guidelines. These guidelines were to be “strictly observed in all workplaces” and were binding and enforceable in law. 
• Important Provisions: The Court drew its strength from several provisions of the Constitution including Article 15 (against discrimination on grounds only of religion, race, caste, sex, and place of birth), and International Conventions like the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which India ratified in 1993.
  • CEDAW defines what constitutes discrimination against women and sets up an agenda for national action to end such discrimination.

POSH Act: Provisions 

• Definition: The Act defines Sexual Harassment at work, and creates an institutional mechanism for the resolution of the complaint. 

• Coverage: The Act covers, both the public and private sector, organized and unorganized sector, irrespective of her age or employment status. 
• Employer: The definition of employer and workplace is also wide to cover both traditional office setups and contemporary setups like gig working are included in the Act. 
• ICC: Each employer is required to set up an Internal Complaints Committee (ICC) at each office or branch with 10 or more employees. 
• Enquiry: The committee is required to complete the enquiry against any complaints received within 90 days. The enquiry process should be confidential. 
• Awareness: The Act also requires employers to develop policies against sexual misconduct and spread awareness about the ICC. 
• Penalties: Penalties have been prescribed in case of non-compliance, with a fine of up to Rs 50,000. The Act also has penal provisions to ensure safeguards against false or malicious complaints.
• Tackling Fake Complaints: Section 14 of the Act deals with punishment for false or malicious complaints and false evidence.

POSH Act: Implementation Challenges

• Most of the organizations at the ground level have not constituted the mandatory ICC, despite a legal requirement that any workplace with more than 10 employees needs to implement it. 
• Lack of Expertise of ICC members in handling sensitive and quasi-judicial investigations of this nature. 
• Another challenge lies in providing redress to women workers in the unorganized sector. For Instance, more than 80% of India’s women workers are employed in the informal sector. 
• The Act mandates strict confidentiality, however, often the details get leaked in the organization or the Media. 

Must Read: Women Safety in India: Unveiling the Alarming Reality

What has SC told about POSH?

• In Oct 2023, SC issued a issued a number of directions to ensure effective implementation of the provisions of POSH Act 2013
  • Appointment of ‘District Officer’: SC has underlined that it is mandatory for the states and union territories to appoint a ‘District Officer’ as per section 5 of the Act. 
  • Time-Bound Assessment for the Formation of Local Committees and Internal Committees: The Union of India, State Governments, and Union Territories must conduct a time-bound assessment to verify if all relevant ministries, departments, government organizations, authorities, public sector undertakings, institutions, bodies, etc., have constituted Local Committees (“LCs”)/ Internal Committees (“ICs”), as the case may be. 
  • Capacity Building Initiatives: Regular orientation programs, workshops, seminars, and awareness campaigns should be conducted by authorities, management, and employers to enhance the skills of LCs/ ICs members 

Justice Verma Committee on Sexual Harassment at Workplace: 

• Recommended setting up an employment tribunal instead of an Internal Complaints Committee (ICC). 
• To ensure speedy disposal, the committee may choose its own procedure to deal with each complaint. 
• Domestic Workers should be included in the purview of the Act. 
• The panel has recommended removing the provision penalizing women for false complaints, as it can potentially nullify the objective of the law. 

Source: Indian Express

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Context: NITI Aayog released the 1st Delta Ranking of Aspirational Blocks program (ABP)

NITI Aayog releases the 1st Delta Ranking of ABP

• The delta rankings were announced in a virtual event at NITI Aayog which saw participation of 329 districts and 500 aspirational blocks from across the country.
• This is the first time that the ranking of blocks has been calculated as part of the Aspirational Blocks Programme.

What are Delta Rankings?

• The Delta rankings for the aspirational districts measure the incremental progress made by them across the developmental areas of health and nutrition, education, agriculture and water resources, financial inclusion, and basic infrastructure.

Key Highlights of Delta Ranking of Aspirational Blocks program (ABP)

• Top Performers:
  1. Tiriyani Block of Kumuram Bheem  Asifabad district, Telangana
  2. Kaushambi block of Kaushambi District, Uttar Pradesh.
• Basis of ranking: The ranking of the blocks has been calculated on the basis of the performance of blocks and progress achieved in the Key Performance Indicators (KPIs) in June, 2023.
• Wall of fame:  The top rankers of ABP and ADP will be displayed on the Wall Fall made at NITI Aayog.

Geographical Zones Created for Delta Ranking

• The blocks have also been geographically divided into six zones and two blocks from each zone have been given rankings.
  • Zone 1: Hilly and North-eastern States as well as Islands
    • The first and second positions went to Amri block, West Karbi Anglong, Assam and Ngopa block, Saitual Mizoram.
  • Zone 2: Northern Indian states
    • Harraiya block, Basti, Uttar Pradesh and Virno block, Ghazipur, Uttar Pradesh achieved the first and second spot.
  • Zone 3: Southern states
    • Maski block, Raichur, Karnataka and Narnoor, Adilabad, Telangana were declared the top rankers.
  • Zone 4: Western Indian
    • Sironcha and Aheri blocks in Gadchiroli district, Maharashtra emerged winners.
  • Zone 5: Central India
    • Tirla block of Dhar district and Pati block of Barwani District, both in Madhya Pradesh as winners.
  • Zone 6: Eastern India
    • Andar, Siwan, Bihar, and Ramgarh in Dumka, Jharkhand as the top rankers.   

Aspirational Block Programme (ABP): Objectives, No of Blocks, and Key Indicators

• Objective: To enhance the quality of life of citizens in the most difficult and underdeveloped blocks of India by converging existing schemes, defining outcomes, and monitoring them constantly.
• Number of Blocks: An inter-ministerial committee in consultation with states had identified 500 blocks from across 27 states and four Union territories.
• Key socio-economic indicators (KSIs):
  • Health and nutrition, Education, Agriculture, and water resources, Financial inclusion and skill development, Basic infrastructure, and Social development.

News Source: PIB

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Context: ‘AMRIT Technology’ (Arsenic and Metal Removal by Indian Technology) has been developed by IIT- Madras for the removal of Arsenic and Metal ions from water.

Jal Jeevan Mission: Reaching 71.5% Rural Households with Tap Water

• In a written reply to Parliament, the Minister of State for Jal Shakti outlined the following achievements of the Jal Jeevan Mission in ensuring safe & potable tap water supply in rural households.
• Accessibility: 13.76 Crore / 19.24 Crore rural households ie, (71.5%) provided with tap water supply.
• Quality: all 378 Arsenic affected habitations, that still don’t have tap water connections are  provided with safe drinking water through Community Water Purification Plants (CWPPs)
  • as reported in the Integrated Management Information System (IMIS) of the Department.

About Jal Jeevan Mission

• Nodal Ministry: Department of Drinking Water and Sanitation, Ministry of Jalshakti.
• Mission: A Functional Tap Connection (FHTC) to every rural household by 2024 with water in adequate quantity of prescribed quality made available regularly.
• Implementation: In partnership with states with the government of India supporting the States by providing technical and financial assistance.
  • Drinking Water is a state subject
  • The responsibility of planning, approval, implementation, operation, and maintenance of drinking water supply schemes, including those under the Jal Jeevan Mission, lies with the State/UT Governments.

What are the Harmful Effects of Arsenic in Water?

• Long-term exposure to arsenic from drinking water and food can cause cancer and skin lesions.
• Fresh evidence indicates a possible association between intake of contaminated water to onset of diabetes, hypertension, and reproductive disorders. 
• In utero and early childhood exposure has been linked to negative impacts on cognitive development and increased deaths in young adults.

News source: PIB

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Context: 7,700 firms voluntarily closed business since setting up the Center for Processing Accelerated Corporate Exit (C-PACE).

More on news

• Since the setting up of the Center for Processing Accelerated Corporate Exit 7,721 companies have been struck off till 05.12.2023, under section 248(2) of the Act.
• The time taken under C-PACE for voluntary exit has been reduced to around 110 days during the current year.

About C-PACE

• Nodal Ministry: Ministry of Corporate Affairs(MCA) 
• Establishment: C-PACE is established under sub-section (1) of section 396 of the Companies Act 2013. 
• Governance: It will work under the supervision/administration of the Director General of Corporate Affairs (DGCoA)
  • Functioning: It operates through the Registrar of Companies (RoC) to exercise functional jurisdiction of processing and disposal of applications.
• Purpose: 
  • Its primary role is to streamline the voluntary winding-up of companies to under six months. 
  • To centralize the process of striking off businesses from the MCA Register.

C-PACE: Importance 

• Reduce stress: It will help to reduce the stress on the Registry along with keeping the registry clean besides the availability of more meaningful data to the stakeholders.
• Benefit stakeholders: The stakeholders will also profit from the C-PACE since it will make filing simple and ensure that their company names are removed from the Register promptly.
• Improves Ease Of Doing Business: It is a part of MCA’s efforts to promote Ease Of Doing Business with ease of exit of companies.

Learn more about IMPORTANT INDEXES AND REPORTS, here.

News source:  Livemint

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Context: The State of Finance for Nature report has been recently released by the UN Environment Programme (UNEP).

About the State of Finance for Nature Report 

• Tracking finance flow to NbS: The State of Finance for Nature report tracks finance flows to nature-based solutions (NbS) and compares them with the finance needed to maximize the potential of NbS to help tackle climate, biodiversity, and degradation challenges.
• Tracking NbS Implementation: The report focuses on the current state of NbS implementation and financing, as well as the amount of funding required to meet specific Rio targets.
  • Ex-limiting global warming to 1.5°C, protecting 30% of land and sea by 2030 (30×30 target), and achieving land degradation neutrality (LDN) by 2030.

Key Highlights from the State of Finance for Nature Report

• Private nature-negative finance:
• Nature Negative Finance Flows: It estimates the scale of nature-negative finance flows from both public and private sector sources globally which is around US$7 trillion per year.
  • Private finance flows having a direct negative impact on nature include US$5 trillion, which is 140 times larger than private investments into NbS.
  • Nature-negative financial flows refer to finance flows for activities that could potentially hurt nature.
• Industries contributing to most of the negative financial flows: Construction, electric utilities, real estate, oil and gas, and food and tobacco. 
  • 43 percent of financing that harmed nature was associated with the destruction of forests, wetlands, and other natural habitats. 
• Public nature negative finance:
  • Increase in Environmentally Harmful Subsidies: They have increased by 55 percent to US$1.7 trillion since the last report which is driven by fiscal support for fossil fuel consumption.
    • Almost 90 percent of tracked negative public flows (EHS) are directed to fossil fuels (66 percent) and agriculture (20 percent).
    • Fossil fuel subsidies to consumers doubled from US$563 billion in 2021 to US$1,163 billion in 2022.

• Current finance flows to NbS:
  • Underfunding of NbS: Current finance flows to NbS is around US$200 billion which is only a third of the levels needed to reach climate, biodiversity, and land degradation targets by 2030. 
  • Poor Growth in Financing: NbS financing has only increased by 11% since the 2022 edition.
  • The combined impact of public and private negative finance flows undermines potential increases in finance for NbS.
  • Source of NbS Funding: Currently, 82% of NbS’s funding comes from governments.

• Future investment needs and opportunities:
  • Realignment of nature-negative finance flows: Due to their massive scale, realigning nature-negative finance flows is the most effective way to prevent and stop nature loss. Thus, more action is needed to repurpose harmful subsidies.
    • As per the report,  annual finance flow towards NbS should be doubled from $200 billion to $436 billion by 2025 and almost tripled to $542 billion by 2030 to help achieve climate, biodiversity, and land degradation targets. 
  • Regulating Mechanism: Governments need to put in place regulations and economic incentives to turn private finance flows away from nature-harming activities and toward nature and nature-based solutions. 

Must Read: Loss And Damage Fund Approved At COP28 Summit

What are Nature-based Solutions (NbS)?

• Nature-based solutions (NbS) are defined as per the United Nations Environment Assembly 5 (UNEA5) as: “actions to protect, conserve, restore, sustainably use and manage natural or modified ecosystems.
• UNEA is the governing body of the UN Environment Program.

Nature-based Solutions (NbS): Significance 

• Addressing Climate Change: NbS are effective instruments for addressing biodiversity loss and climate change while improving ecosystem resilience and human well-being.
  • Certain NbS can benefit humans, ecosystems, biodiversity, and the climate all at once.
• For example: The improved management of peatlands has disproportionate benefits for climate change mitigation and adaptation while providing critical habitat for species and maintaining soil fertility and other critical ecosystem services that support human wellbeing.
  • Peatlands contain up to one-third of the world’s soil carbon while covering only three to four percent of its land area.
• Cost Effective: They provide critical investment opportunities as they are cost-effective and provide multiple benefits. 

State of Finance for Nature Report: Recommendations

• Boosting NbS Investments: Increase domestic expenditure on NbS, particularly on NbS providing public goods.
• Sustainable Supply Chains: Investing in sustainable supply chains, prioritizing conservation and regenerative practices in agriculture, forestry, and fisheries.
• Develop Nature as an Asset: Develop nature as an asset class to create non-traditional revenue streams, for example, biodiversity and carbon credits.

News Source: State of Finance for Nature (SFN)

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Context:  This article is based on the news “Bihar Cabinet passes resolution seeking special category status to State” which was published in the Hindu. Recently, Bihar’s Chief Minister urged the Union Home Minister to give the Status of Special Category State for Bihar, during the meeting of the Eastern Zonal Council (EZC).

• Earlier, the Bihar Cabinet passed a resolution seeking special category status for the State.

Why is Bihar demanding the Status of a Special Category State?

• Poverty and Backwardness: High levels of poverty and backwardness characterize Bihar.
  • For Instance, According to the Bihar caste survey, 34.1 percent of Bihar’s households are poor.
• Geographical Challenges: The state faces regular floods in the northern region and severe droughts in the southern part, affecting agricultural productivity and livelihoods.
  • For Example, 73.63% of the geographical area of North Bihar is considered to be prone to floods. 

• • Out of 38 districts, 28 districts get flooded (of which 15 districts are worst affected) causing huge loss of property, lives, farmlands, and infrastructure. 
  • Impact of Bifurcation: The bifurcation of Bihar, leading to the creation of Jharkhand, resulted in the relocation of industries. 
  • This shift diminished employment opportunities and reduced investments in Bihar.
• Economic Disparities: The per capita net state domestic product at current prices( Base Year 2011-12) for Bihar is 49,470 (FY 2021-22).
  • This is far less when compared to states such as Maharastra(2,15,233) and Gujarat (2,50,100).
• Bihar meets most of the criteria for the grant of Special Category Status, it does not fulfill the requirement of hilly terrain and geographically difficult areas.

Must Read: 26th Eastern Zonal Council (EZC) Meeting Held at Patna, Bihar

What is a Special Category Status?

• Special Category Status is a classification provided by the Centre to support the development of states facing geographical or socio-economic disadvantages.
• Introduction: It was introduced in 1969 based on the Fifth Finance Commission’s recommendation.
• Criteria for Granting SCS:
  • Hilly and difficult terrain.
  • Low population density and/or a significant tribal population.
  • Strategic location along international borders.
  • Economic and infrastructural backwardness.
  • Non-viable nature of state finances.
• Initial States Granted Special Category Status (1969): Jammu & Kashmir, Assam, and Nagaland were the first three states to receive Special Category Status.
• Current State with SCS: Eleven States — Assam, Nagaland, Himachal Pradesh, Manipur, Meghalaya, Sikkim, Tripura, Arunachal Pradesh, Mizoram, Uttarakhand, and Telangana — have been accorded the special category state status.
  • Telangana, the newest State of India, was accorded the status.
• Constitutional Absence: The constitution does not include any provision for categorization of any State in India as SCS state.
• Special Category Status Cease to Exist: Following the recommendations of the 14th Finance Commission, the Special Category States cease to exist, and thus, no SCS has been granted to any State. 

Also Read: Caste Survey in Bihar 2023

What are the benefits of Special Category Status (SCS)?

• Financial Grants:
  • Under the Gadgil-Mukherjee formula, SCS States used to receive nearly 30% of total central assistance.
  • However, with the abolition of the Planning Commission and changes in funding mechanisms, assistance is now part of the increased devolution of divisible pool funds for all states (increased to 41% in the 15th Finance Commission from 32%).
• Centre-State Funding for Schemes: In SCS States, the funding ratio for centrally sponsored schemes is favorable at 90:10 (Centre-State), compared to the 60:40 or 80:20 splits for general category states.
• Incentives for Investments: SCS States enjoy several incentives to attract investments, including concessions in customs and excise duties, income tax, and corporate tax rates.
• Debt Management Privileges: These states can avail the benefit of debt-swapping and debt relief schemes
• Carry-Forward Provision for Unspent Funds: Special category states have the facility that if they have unspent money in a financial year; it does not lapse and gets carried forward for the next financial year.

What are the challenges associated with Special Category Status?

• Fiscal Implications: Granting Special Category Status can strain Central Finances due to increased financial commitments to supported states.
• Demands from other states: Giving special status to a state leads to demands from other states too. 
  • For instance, demands from Andhra Pradesh, Odisha and Bihar.
• Assigning SCS criteria: Lack of consent among states on criteria used to assign SCS status to a state has been a persistent issue. 
• Performance Discrepancy: Data indicates that SCS states like Jammu and Kashmir, and Uttarakhand lag behind non-SCS states like Haryana and Punjab in economic progress.
• Increased Allocation: The increased allocation (42%) to states after the 14th Finance Commission raises questions about the current relevance of the SCS structure.
• Uniform Treatment for States: The principle of treating all states equally, as emphasized by the Finance Commission, creates challenges in granting special category status selectively to specific states.

Way Forward

• Consensus on Criteria: A critical need for a consensus among states regarding the principles guiding the grant of Special Category Status (SCS).
• Economic Policy Integration: While SCS benefits act as a stimulus, the real impact rests on individual state economic policies.
• State Capacity Empowerment: States should recognize their industrial strengths, fostering a policy environment for self-reliance rather than excessive reliance on central support.
• Alternative Approaches: Explore alternative approaches like the one suggested by the Raghuram Rajan Committee, emphasizing a ‘multi-dimensional index’ for fund allocation.
  • In 2013, the Raghuram Rajan Committee set up by the Centre, placed Bihar in the “least developed category” and suggested a new methodology based on a ‘multi-dimensional index’ for devolving funds instead of a SCS, which can be revisited to address the State’s socio-economic backwardness.

Conclusion:

Bihar Chief Minister Nitish Kumar’s demand for the Status of a Special Category State during the 26th Eastern Zonal Council meeting reflects the ongoing efforts to address the developmental needs of the region. 

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Context: The Supreme Court (SC) Constitution bench led by CJI pronounced its verdict on petitions challenging the abrogation of Article 370 and bifurcation of the erstwhile state of Jammu and Kashmir into two Union territories. 

Supreme Court Verdict On Article 370 Abrogation: Key Highlights

• Key Aspect of Decision: The SC upheld the government’s decision to suspend Article 370 and ordered that the parliament hold elections in the assembly by September 30 next year. 
  • The bench also affirmed Ladakh’s reorganization as a Union Territory. 
• Validity of Presidential Order: The court also held the validity of the Constitution (Application to Jammu & Kashmir) Order, 2019 for the abrogation of Article 370.

About Article 370

• Article 370 of the Constitution gave special status to Jammu and Kashmir in the Indian Union.
• It restricted the Centre’s legislative powers concerning the state and gave the state legislature to make its laws in all matters except for finance, defence, foreign affairs, and communications.

Article 35A

• Presidential Order: It was introduced through a presidential order in 1954 to continue the old provisions of the territory regulations. 
• Permanent Resident of State: It empowered the Jammu and Kashmir state legislature to define permanent residents.
• Prohibit Outsider: It forbade outsiders from permanently settling, buying land, holding local government jobs, or winning education scholarships.
  • Gender Discriminatory: It also barred female residents of Jammu and Kashmir from property rights if they married a person from outside the erstwhile state.

About Abrogation of 370

• Passing of Presidential Orders: Two Presidential Orders CO (The Constitution (Application To Jammu and Kashmir) Orders 272 and 273 were passed on August 5 and 6, 2019 respectively.
  • Article 370 (3) gave the President the power to declare that Article 370 shall cease to operate. Under this provision,  a recommendation of the J&K Constituent Assembly was necessary for the President to issue such a declaration. However, the State’s Constituent Assembly was dissolved in 1957. 
  • Constitution (Application to Jammu & Kashmir) Order, 2019/CO 272 order:  It was passed as a first step before the abrogation of Article 370.
  • It superseded the Constitution (Application to Jammu and Kashmir) Order, 1954 and declared that all the provisions of the Constitution of India would apply to J&K. 
  • Amendment to Article 367: The CO 272 order amended Article 367 of the Constitution and introduced a clause to Article 367 which stated that the expression “Constituent Assembly of the State,” referred in clause (2) of Article 370, should be read as the “Legislative Assembly of the State.”
  • Change in recommending Body: This changed the recommending body from the Constituent Assembly to the Legislative Assembly.
  •  Since there was no legislative assembly of J&K owing to its dissolution and the state was under Presidential rule, the recommendation of the Parliament was treated as equivalent to the recommendation of the legislative assembly.
  • Redefining Government: CO 272 introduced further clauses in Article 367 to state that reference to the “Government of J&K” can be considered as the “Governor of J&K”. 
  • Following this, the Parliament passed a Statutory Resolution recommending the abrogation of Article 370.
• Constitution (Application to Jammu & Kashmir) Order, 2019/CO 273 order: The President issued CO 273 under Article 370 (3) according to which,  all clauses of Article 370 would cease to be operative from 6th August 2019. Thus revoking the special status of Jammu and Kashmir.

Impact of Abrogation of Article 370

• Applicability of Indian Constitution to J&K: Under these, the entire Constitution of India was made applicable to J&K, and all provisions of Article 370 were declared null and void.
• End of Special Status: The abrogation ended the special status conferred to the erstwhile state of Jammu and Kashmir. The Centre reorganized J&K into two Union Territories – Jammu, Kashmir, and Ladakh.

Arguments Against Revocation of Article 370

• Article 370 as a Permanent Clause: Article 370 was no longer a “Temporary Provision” and had assumed permanence after the Constituent Assembly of Jammu and Kashmir’s dissolution.

• Authority to Repeal Article 370: It was contended that the clause could not be repealed following the dissolution of the Constituent Assembly, whose approval was needed to repeal Article 370.
  • They argued that Article 354 of the Constitution forbids the Parliament from acting as Jammu and Kashmir’s legislature, thus, it had no power to repeal Article 370.
  • Power under Article 356 could not be used to bring about irreversible constitutional changes.
• Powers of the President under Article 370(1) (d): The President’s power under the Article was not a “constituent power” but merely a power to apply provisions with “modifications and exceptions.” 
  • Thus, Article 370 could only be abrogated if a proposal for its resolution originated from the State’s Constituent Assembly.
• Bifurcation of State: The Petitioners argued that the bifurcation of the State into two Union Territories – Jammu and Kashmir, and Ladakh violated Article 3 of the Constitution.
  • Article 3 limits the extent to which the federal nature of the Union could be reduced. 
• Applicability of the Constitution of J&K: They argued that the Centre’s action violated Article 147 of the Constitution of J&K. 

• • As per Article 147, limited amendments to Articles 3 and 5 of the J&K constitution could be made. The constitutions of J&K and India were parallel and independent of one another, and an executive exercise of power could not take precedence over constitutional authority.

Supreme Court Verdicts

• On the sovereignty of Jammu and Kashmir:
  • The court ruled that J&K did not retain any sovereignty after accession to India in 1947.
  • Despite the erstwhile ruler’s proclamation, subsequent proclamations affirmed integration, akin to other princely states.
• Status of Art 370 as temporary or permanent: The SC held that Article 370 was a temporary, transitional provision based on historical context and its Placement in Part XXI of the Constitution.
  • The provision was adopted because of the special circumstances in the state, which was experiencing war conditions.
• Temporary nature of Article 370: The court held Article 370 as a temporary, transitional provision based on historical context and its placement in Part XXI of the Constitution.
• Legality of the abrogation of Article 370: SC upheld both Presidential Proclamations of August 2019.
  • Impact on Legislative power of State Assembly:  The power granted by Article 370 (3) persisted even after the Jammu and Kashmir Constituent Assembly was dissolved.
    • Only the temporary power recognized in Article 370(3)’s provision, which gave the Constituent Assembly the power to make recommendations, ceased to exist upon the Constituent Assembly’s dissolution. 
    • It did not impact the President’s authority under Article 370(3).
• Legality of Actions taken under President’s Rule:
  • Ruling in S R Bommai v. Union of India: The SC cited the ruling from 1994, which declared the parameters of declaring presidential rule and a judgment from a smaller 9-judge bench(Bommai) is binding on a five-judge bench.
    • S.R. Bommai Case (1994) laid down the power of the President to dissolve a state under Article 356..
  • Rationale of Actions: Citing the Bommai ruling, the court held that the President’s action could be deemed lawful if it is not a mala fide or an irrational act.
• Struck down amendment using Article 367:  The court struck down the measure of using Article 367 of the Constitution for amending to change J & K’s “Constituent Assembly” into “Legislative Assembly.”

Criticism of Supreme Court Verdict

• Threat to Federalism: The powers of the Union government vis-à-vis the states seem to be enhanced by the verdict, which could be politically unstable given the ongoing conflicts between the appointed governor and the elected executive in states ranging from West Bengal to Tamil Nadu.
• Concerns of Parliamentary Sovereignty: There are concerns that the  Union can impose the President’s Rule first and then substitute parliamentary approval in place of the Assembly even for highly divisive issues like the splitting of a state. 

Conclusion:

• Though the SC upheld the Abrogation of Article 370, its direction of  the restoration of the statehood of J&K and early conduct of assembly elections recognizes the supremacy of the democratic political system.

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