Constitutional Clash in Property Owners Association vs State of Maharashtra
Background:
- The Supreme Court has an opportunity to resolve a conflict between fundamental rights and Directive Principles of State Policy (DPSP) in the Property Owners case.
- The case concerns the validity of a law allowing the State government to acquire control over dilapidated buildings with the consent of at least 70% of residents, purportedly made to further Article 39(b) of the Constitution.
Fundamental Rights (FRs) vs DPSP:
- The clash arises from Part III (FRs) and Part IV (DPSP) of the Constitution.
- While FRs are enforceable rights, DPSPs are goals for the state to work towards.
- The Supreme Court has attempted to clarify this issue since the landmark Kesavananda Bharati case in 1973.
Introduction of Article 31C:
- The 25th amendment introduced Article 31C, aiming to place certain laws beyond judicial review.
- It stipulated that laws furthering Article 39(b) and (c) could not be voided for violating Articles 14 or 19.
- This led to scenarios where laws, ostensibly for the common good under Article 39(b), could not be challenged for infringing fundamental rights.
Further Changes and Legal Challenges:
- The 42nd amendment in 1976 made more changes to Article 31C, leading to broader implications.
- In Minerva Mills vs Union of India (1980), the Supreme Court declared parts of the amendment unconstitutional.
- The Court highlighted that while DPSPs outline governance goals, fundamental rights are the means to achieve them.
- However, there remains ambiguity regarding the validity of Article 31C as introduced by the 25th amendment.
Opportunity for Resolution:
- Despite previous judgments, there is no conclusive analysis from the Supreme Court on Article 31C and its adherence to the Constitution’s basic structure.
- The Property Owners case presents an opportunity for the Court to resolve this conflict and reinforce the Constitution’s core guarantees.
This case is pivotal in clarifying the relationship between fundamental rights and DPSPs, potentially providing clarity on the scope of judicial review and the balance between individual rights and the collective welfare envisioned by the Constitution.
The era of the politics of performance
Introduction
- India’s democracy relies on elected representatives who embody the people’s mandate, with a vast number of MPs, MLAs, and local government officials.
- A significant portion of these representatives are graduates, indicating a level of educational qualification among political leaders.
Necessary Competencies:
- Behavioural Skills: Essential for effective engagement with stakeholders, including communication (verbal and written), public engagement, leadership, and negotiation.
- Functional Competencies: Understanding legislative processes, policy implementation, interventions in parliament, budget allocation, and effectively translating citizen grievances into policy action.
- Understanding Competencies: Domain-specific knowledge to address constituency needs, awareness of technological advancements, fostering critical thinking, problem-solving, and promoting collaboration among representatives.
Institutionalizing the Vision:
- Aligning competencies with specific roles through frameworks like the Karmayogi Competency Model.
- Identifying skill gaps and evolving training needs through consultation with stakeholders.
- Ensuring access to information and research support for elected representatives at all levels.
- Encouraging a shift in public perception to demand accountability from representatives not only for their promises but also for their ability to deliver results.
This approach advocates for a shift towards competency-based politics, emphasizing the importance of skill development and performance evaluation for elected officials to effectively serve their constituencies and meet the demands of a vibrant democracy.
Record Levels of Debt Owed to China by South Asian Nations
Debt owed by various countries, particularly in South Asia and Africa, to China has surged in recent years.
- China often serves as the primary or major lender for these countries, with a significant portion of their external debt owed solely to China.
Data Findings:
- Debt owed by South Asian, African, and South American nations to China has notably increased since the 2010s.
- According to the World Bank’s International Debt Report 2023, this rise can be attributed to China’s ‘Going Global Strategy’ launched in 1999, aimed at enhancing Chinese investments and lending overseas.
- By the end of 2022, low- and middle-income countries collectively owed China $180 billion.
Shift in Chinese Lending Patterns:
- China has directed a substantial portion of its new loans towards neighboring countries, while reducing lending to African and South American economies.
South Asian Countries in Debt:
- Pakistan, Sri Lanka, Bangladesh, Maldives, and Nepal have notably increased their debt stocks owed to China.
- Most of these debts are attributed to loans for infrastructure projects.
- However, China has scaled back lending in recent years due to its own economic challenges and concerns over repayment defaults.
Wider Impact:
- Beyond South Asia, many countries also owe a significant portion of their bilateral debt to China, with Japan, Germany, and France being distant lenders in comparison.
- This trend underscores China’s growing influence through its extensive lending practices, particularly in infrastructure development, across various regions, raising concerns about debt sustainability and economic dependency among borrower nations.
The delay in Nagaland civic body polls
Background
- Nagaland’s State Election Commissioner announced the schedule for Urban Local Bodies (ULBs) elections across three municipal councils and 36 town councils, following a 20-year delay in holding civic polls.
- The Neiphiu Rio-led State Cabinet paved the way for these elections, which had been stalled for two decades.
Historical Context:
- Nagaland was the only state where 33% of ULB seats were not reserved for women until the recent notification.
- Opposition from Naga hohos, traditional tribal bodies, argued that such a quota would violate Article 371A’s special provisions for Nagaland.
- The first civic body election in 2004 had no seat reservations for women.
- In 2006, the State government amended the Municipal Act to include 33% reservation, but it faced opposition.
- In 2012, the State Assembly passed a resolution to exempt Nagaland from Article 243T regarding reservation for women.
- In 2023, the Assembly passed an amended Municipal Bill retaining the 33% quota to facilitate ULB polls.
Current Status and Opposition:
- Tribal bodies and village chiefs have largely accepted the amended Municipal Act provisions.
- However, the Eastern Nagaland People’s Organisation (ENPO) representing tribes in six eastern districts decided not to participate.
- All 4,00,632 voters in these districts boycotted the Lok Sabha polls, indicating a likelihood of a similar boycott in the upcoming ULB polls on June 26th.
Socio-Ecological Effects of LPG Price Hikes
The high cost of LPG has been a major barrier to its adoption, leading to around 750 million Indians relying on solid cooking fuels like wood, dung, and coal.
- Solid fuels pose significant health, socioeconomic, and environmental risks.
Government Initiatives in LPG Promotion:
- Various government schemes like the Rajiv Gandhi Gramin LPG Vitrak, PAHAL, and PMUY have aimed to promote LPG usage in rural households.
- Subsidies and direct benefit transfers have been provided to make LPG more affordable, with the PMUY aiming to provide connections to 80 million below-poverty-line households by 2020.
- Despite these efforts, India’s LPG prices are reportedly among the highest globally.
Suitable Alternatives:
- Collection of fuelwood, while providing cooking fuel, contributes to forest degradation and exposes people to risks from wildlife encounters.
- Many households switched to LPG from fuelwood with the introduction of the PMUY scheme due to its efficiency, but the recent price hike has undermined these benefits.
- Developing locally acceptable and sustainable alternatives to fuelwood is crucial for preserving forests, wildlife, and livelihoods, including efficient cooking stoves and improved resource governance.
Way Forward
- The rise in LPG prices could lead to socio-ecological crises in the absence of viable alternatives to fuelwood and amidst socio-economic deprivation.
- Future governments must prioritize making LPG affordable and accessible to ensure the well-being of communities and the environment.
Addressing the affordability of LPG is critical to mitigating the adverse socio-ecological impacts associated with reliance on solid cooking fuels, emphasizing the need for sustainable energy solutions.
India Ranks Third in Solar Power Production
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In 2023, India surpassed Japan to become the world’s third-largest producer of solar power, generating 113 billion units (BU) compared to Japan’s 110 BU.
Installed Power Capacity:
- India ranks fifth globally in installed power capacity, with 73 gigawatts, encompassing both renewable and non-renewable sources of energy.
Discrepancy Between Potential and Actual Solar Power Production:
- Despite solar power constituting 18% of India’s total installed electricity capacity, it only accounted for 6.66% of the actual power produced, highlighting a significant gap between potential and actual utilization.
Factors Contributing to India’s Rise:
- Japan’s decreased power demand in 2023 allowed India to overtake it in solar power production.
- China remains the leading producer of solar power globally, producing 584 BU in 2024, surpassing the combined output of the U.S., Japan, Germany, and India.
Future Targets for India:
- India will need to double its current solar production to exceed 228 BU and surpass global trends.
- Renewable energy sources accounted for 30% of global electricity production in 2023, with China leading in solar and wind generation.
- India’s progress in solar power production signifies its commitment to renewable energy and its potential to further expand its contribution to the global transition towards sustainable energy sources.