Jammu and Kashmir: Four years on

Why in the News?

The Fourth anniversary of the decision of abrogation of Article 370 and the reorganization of J&K into a Union Territory on Aug 5, 2019, has been observed recently.

Article 370 and Article 35A:

1. Article 370 was introduced as a temporary provision that conferred special status to J&K

a. Only those aspects of the Indian Constitution agreed upon in the Instrument of Accession shall be applicable to J&K.

b. Laws can be made applicable to J&K only by the President with the consultation of the State government in the matters of Defence, Foreign affairs and communication. Thereby, it restricted the power of the Parliament.

c. For application of other articles of the constitution presidential order with concurrence of the state government is mandatory.

d. Using the special provisions a constituent assembly drafted and adopted the Constitution exclusively for J&K.

2. Article 35A
   1.  Was introduced under article 370 through a presidential order in 1954
   2. It defined the states' Permanent residents, their special rights and privileges.
   3. Permanent residents were defined as people who were a state subject as of May 14, 1954 or a resident of the state for 10 years any time since.
   4. Permanent residents alone could buy and own property in the state.

What have been the visible changes observed since 2019?

1. Security front:
   1. Visible signs of stabilization in the region
      1. Strong presence of Rashtriya Rifles (RR) and the integration of the J&K police with the CAPFs is an important reason
   2. Recruitment and infiltration, an attempt of sponsorship of proxy war by Pakistan has significantly reduced.
   3. Street violence has reduced indicating maintenance of Law and order in J&K.
2. Political front:
   1. Convergence of political interests achieved by conferring UT status to J&K enabling direct oversight by the Centre has led to stabilization in the region.
3. Economic front:
   1. J&K is one among the state/UT registering fastest economic growth in the country.
   2. Tourism sector is contributing well to the economy by attracting large number of tourists-
      1. Shri Amarnathji Yatra attracting pilgrims
      2. Numerous flights to Srinagar Airport
   3. Kashmir is turning out to be an urban Centre.
   4. Local investors in J&K account for nearly 90% of the total investments made in J&K.
4. Social front:
   1. Poor people especially auto drivers, restaurant workers are having sustained livelihood due to the absence of Bandhs, which were earlier called on by secessionist and terrorists for more than 150 days per year.

Areas requiring attention:

1. Development of robust winter logistics as road closures become inevitable.
   1. Sufficient stocking of essential supplies given the improved power situation in the UT.
   2. As road closures become a possible security issue, Indian Air force can contribute to the aerial supply of essentials like medicines.
2. Afghanistan-Pakistan area is turning to be a hotbed of terrorism, with the Taliban ruled Afghanistan in the absence of the US.
3. Pakistan’s attempts of hybrid war against India:
   1. Illegal transborder movement of drones
   2. Narcotics trade through Punjab
   3. Fake currency
   4. Trade of weapons and ammunitions.
   5. Terror elements’ infiltration.
      • The Kulgam Encounter in Kashmir on August 4,2023 which led to the death of army 3 soldiers were due to elements infiltrating into the valley region.
4. India’s legitimate hold over the J&K as the new government of Pakistan will try to garner international support.
5. Militancy against targeted groups and migrants has to be tackled with.
6. The elections to the Legislative assembly and the Panchayat, the very core of democracy have to quickened given the Delimitation exercise has been concluded and the boundaries are defined.

7. The problem of unemployment, a potent factor causing youth radicalization has to be addressed.

• 19% of young people in the region are unemployed in J&K which is more than twice the national average of 7.5%.

Link: Article 370 abrogation : Four years on, a cautious elation- The New Indian Express

China’s worldview, its postulates and a reality check

China’s worldviews:

1. 1. 1. 1. China’s growth is driven by a multitude of factors
            1. Acceleration by technology
            2. Economic strength
            3. Demographic potential
         2. Beijing’s one of the underlying principles include, ‘changes unseen in a century’, that lays emphasis on dominance in all areas of military security, technology, cultural and biological aspects.
         3. China’s main threat comes from the US
            1. US’s changed attitude to counter China from an earlier policy of ‘engagement and partial containment’ to an “all-out competition” with China to achieve global influence.
            2. New security partnerships like the QUAD and AUKUS
         4. China’s notion of ‘Polycentric competition and cooperation’, in which the influence of US has been on decline and China is displacing the US.

For instance, the Iran-Saudi Arabia truce was brought about under the China’s initiative.

2. China’s influence in the international organizations such the WHO has been growing along with its ability to have a decisive voice in various international standards setting bodies.

Reverses faced by China:

1. China is facing reverses on the economic front due to,
   1. Mr. Xi’s orthodox version of communist philosophy that is distinguished from the market-oriented policy.
   2. Increased governmental control over the economic arena
   3. Restrictions imposed on the private firms
   4. The unprecedented three-year COVID-19 lockdown has pushed companies to adopt “China+1” strategy and also tarnished the image of China in the eyes of the world.
   5. China’s crackdown on major tech firms and Real-estate sectors have led to outflow of investors to other countries.
2. China’s GDP growth has currently declined to 3%, far low figure for its healthy growth.
3. Lack of employment among the youth
4. Increasing dependent-ageing population in the demographic profile of the country.
5. China’s violation in human rights records especially against Uighur Muslims in the western region of the Xinjiang province.

A new economic model with structural reforms that advocates increased wages, an alternative theory to modernity that enhances innovation and resolving the issue of Taiwan by arriving at a common ground shall enable China to address its reverses.

What are the strategies adopted by the US to counter China?

1. 1. 1. 1. The Strategy of “Invest, Align and Complete”.
            1. Invest in foundations of strength – Competition, Innovation and Democracy in the US. For instance, the roll out of Innovation and competition Act.
            2. Align and operate with allies and partners to act based on common goal and common causes, with an intend to defend its interests and building vision for a common future of a ‘Rules-based order’.
         2. Prioritization of Strategic competition with China in its foreign policy.
         3. Collaboration, coordination and action with the regional groups and partnership groups.
            1. QUAD- to maintain free, rules-based order and protect maritime security in the Indo-Pacific.
            2. US held a summit with ASEAN, of which many of its members are in conflict over China’s competing claims over South China Sea.
         4. Defense budget allocations have been increased to modernize the military to effectively deter China.
         5. Adoption of a whole-of-government approach that combines diplomacy, economic leverage, information operations and military partnerships. 

Superconductors

Why in the news?

The South Korean scientists have reported to have found a material called LK-99 capable of being a superconductor at room temperature and ambient pressure.

LK-99 Superconductor:

1. LK-99 is a copper-substituted apatite, capable of exhibiting superconducting property.
2. The material can exhibit superconductivity without the need to cool it to a very low temperature and application of very high pressure.
3. The South Korean scientists state that it can carry electric current with zero losses in transmission.
4. However, the claims need to be assessed by an Independent verification process carried out by qualified scientists to ascertain the validity of the claim.

About:

What is a Superconductor?

1. It is any material that achieves superconductivity, which is a state of matter that has no electrical resistance and does not allow magnetic fields to penetrate (Meissner effect).

Superconductor

2. Electric current in a superconductor can flow through indefinitely, meaning it offers zero resistance and no loss in the electric current can be witnessed.
3. Conditions for achieving Superconductivity- BCS (Bardeen, Cooper, Schriffer) theory:
   1. Materials have to cooled to very low temperature below which it exhibits the property of Superconductivity. This temperature is called as the Critical temperature.
   2. Application of very high pressure to the materials.
4. Types of superconductors:

What are its applications?

1. Medical applications like MRI (Magnetic Resonance Imaging) scanners employs superconducting electromagnets that helps in generation of strong magnetic field with no dissipation of heat.
2. Super-fast maglev trains that use magnets to levitate the trains off the track to reduce friction. 
3. It finds application in experimental nuclear fusion reactors and high-energy particle accelerator laboratories.
4. Used for Quantum Computers.
5. Electric generators
6. Used as memory or storage elements.

Higher judiciary suffers from Diversity-deficit

Why in the news?

A Parliamentary committee report has reported that the higher judiciary suffers from diversity deficit as the representation of SCs, STs, OBCs, women and minorities are below the desired levels.

Observations of the Parliamentary Committee report:

1. 1. 1. 1. A declining trend has been observed in the representation of all marginalized sections of the Indian society.
         2. The representation of SCs, STs, OBCs, women and minorities are below the desired levels.
         3. The representation in the higher judiciary is not reflective of the social diversity of the country.

Representation in the Supreme Court:

1. The first judge of Supreme Court from the Scheduled castes (SCs) and Other Backward Classes (OBCs) community were appointed only in 1980, 30 years after independence.
2. The first women representation in the Supreme Court happened in 1989, 39 years since the existence of the Supreme Court.
3. The Current strength of 35 judges in the Supreme Court consists of nearly 50% judges from the upper caste Hindus and disproportionate representation to other sections of the society – 3 women judges (the highest so far), 1 Muslim, 1 Christian, 1 Parsi and 1 Scheduled Caste judge have been appointed.
4. There has been no judge from the Scheduled Tribe (ST) community appointed till date.

Lacunae in the Constitution:

Essential qualifications to be appointed as a judge of the Supreme court:

1. A judge of one High Court or more (continuously), for at least five years, or
2. An advocate there, for at least ten years, or
3. A distinguished jurist, in the opinion of the President, is eligible to be recommended for appointment, a judge of the Supreme Court.

The criteria mentioned is based on the experience in law and age and remains silent on any other preferred eligibility criteria that leads to proportionate representation in the Judiciary.

Need for equal representation in the higher judiciary:

1. To strengthen the trust, credibility and acceptability of the judiciary among its citizens.
2. Institutional marginalization of the weaker sections of the society may lead to denial of the due rights of that particular community.
3. Due representation of women in the judiciary shall act as a
   1. Hallmark of gender sensitive cases to be handled effectively
   2. Inclusion of different points of view
   3. Motivates women of the country to seek justice.

What has to be done?

1. The Supreme Court and High Court collegium should recommend adequate number of candidates from the marginalized segments including women.
2. Proper methodology has to be followed in the collegium to instill transparency and checks-and-balances in the appointment process.
3. The problems of low women advocate in the country due to
   1. Patriarchal mindset and stigmatization of the role of advocates as a male-dominant profession,
   2. factors of age and familial responsibilities making the elevation of women judges from lower courts to high Courts and the Supreme Courts.
   3. No legislation seeking to mandate the representation of women judges.
   4. Vacancies can be used as an opportunity to include reservation.

Quad’s Malabar Drill

Why in the News?

The ten-day Malabar series of naval exercises featuring navies of the QUAD group is set to be conducted from Aug 11-21, 2023.

Quad’s Malabar drill, 2023:

1. Australia’s Royal Australian Navy is set to host the drill for the first time.
2. This year’s naval exercise shall focus on Interoperability- with air, sea and undersea stress in focus.
3. The Australian forces will field two warships – HMAS choules and HMAS Brisbane
4. India will be sending the destroyer INS Kolkata and INS Sahyadri
5. US and Japan will be sending one warship each.
6. India, Japan and the US will send maritime forces consisting of Boeing P8I maritime surveillance aircraft.
7. No submarines or Aircraft carriers to be fielded in the current exercise.

About:

QUAD (Quadrilateral security Dialogue)

1. An informal alliance of countries composed of the United States, Australia, India, and Japan.
2. The grouping began as a coordination mechanism to respond to the humanitarian crisis in the aftermath of the 2004 Indian Ocean Tsunami.
3. The revival of QUAD came in 2017
4. Common goals:
   1. Rules-based international order
   2. Freedom of navigation
   3. Peaceful settlement of territorial disputes.
5. The navies of all four nations participate in the high-profile Malabar exercises
6. bilateral military ties, in the form of exercises and defence agreements, High-level 2+2 dialogues.

Initiatives taken under QUAD

1. Quad Vaccine Partnership
   1. Quad nations leveraged their unique strengths in medical technology, pharmaceutical manufacturing, and logistics.
   2. ambitious goal of providing 1 billion vaccine doses by the end of 2022.
   3. safe and effective COVID-19 vaccine manufacturing for the Indo-Pacific region in close coordination with multilateral mechanisms including WHO and COVAX.
   4. India’s manufacturing capacity, Japan to provide soft loans to expand manufacturing capacity in India, and Australia will give “last-mile” delivery support with a focus on Southeast Asia, along with financial support for the provision of vaccines.
2. Quad Working Group on Climate to promote cooperation on climate mitigation, adaptation, resilience, technology, capacity building and climate finance to align domestic, regional and global actions for the implementation of the Paris Agreement on Climate Change
3. Quad’s Critical Technologies Working Group- jointly develop new technologies, design global standards, and construct resilient supply chains.
4. commitment to exploring opportunities for cooperation in counterterrorism.
   1. India’s National Investigation Agency (NIA) hosted the first counterterrorism table-top exercise (CT-TTX) for Quad members. In 2019
   2. wider intelligence-sharing network amongst the Quad grouping
5. Supply Chain Resilience Agenda: financing for resilience, attracting technology multinationals, and addressing raw-material dependencies
6. Quad 2.0 Agenda for Critical and Emerging Technologies:

Three broad areas for collaboration:

1) Telecommunications.

2) Principles on technology development, design, and deployment like data governance, cyber norms, and 5G standards.

3) Collaboration between national standards bodies.

India’s interests in the QUAD grouping:

1. For India, its membership in the Quad represents an evolution in strategic thinking that began with its Look East policy in the early 1990s.
2. Indian can effectively counter the rising Chinese hostilities on the borders with the support of the QUAD.
3. The Malabar Naval exercises can be used for strategic exploration and widening skills of interoperability in the Indo-Pacific region.
4. India can act as a net security provider in the region given its strategic location and instil trust among the South east Asian countries in an attempt to widen the reach of its “Act East Policy”.

Way forward:

1. In the absence of a cohesive economic strategy that seeks to build cohesive and secure supply chains, the Quad risks standing on only one leg in a region that cares deeply about economic integration and statecraft
2. Convince deeply Southeast Asia, that it offers partners more than just military power and security

Basic Structure doctrine

Why in the News?

The former Chief Justice of the Supreme Court remarked that the Idea of Basic structure Doctrine has a ‘debatable jurisprudential basis’.

Evolution of Basic Structure doctrine:

1. Shankari Prasad case (1951)
   1. The constitutional validity of the 1^st amendment to the constitution that curtailed the fundamental right (FR) of Right to property was challenged.
   2. Verdict:
      • Parliament can amend the Constitution under Article 368 including power to amend the FRs
      • The term ‘law’ under Article 13 includes only ordinary laws and not constitutional amendment acts (CAA). Hence, the Parliament can take away any of the FRs through a CAA and such a law will not be void under Article 13.
2. Golak Nath case (1967)
   1. The constitutional validity of the 17^th amendment act that inserted certain state acts into the Ninth Schedule was challenged.
   2. Verdict:
      • The Supreme Court reversed its earlier stand stating that FRs are given ‘transcendental and immutable’ position and hence cannot be taken away by the Parliament.
      • Article 13 includes CAA within the meaning of law and hence they can be held void for violation of any of the FRs.
3. Parliament introduced the 24^th CAA:
   1. Parliament has the power to take away or abridge any of the FRs under Article 368.
   2. Such CAA will not be considered to be a law under Article 13.
4. Kesavananda Bharati case (1973):
   1. The SC upheld the 24^th CAA, citing that Parliament has powers to abridge or take away any of the FRs.
   2. Doctrine of Basic structure was laid down:
      • The Constituent power of the Parliament under Art.368 cannot be used to alter the basic structure of the constitution.
5. Reiteration of the Basic Structure doctrine:
   1. Indira Nehru Gandhi case (1975)
      • 39^th CAA was invalidated which kept the election disputes involving the Prime Minister and the Speaker, outside the ambit of all courts.
      • This was beyond the power of the parliament as it affected the Basic structure of the constitution.
   2. Minerva Mills case (1980)
      • A provision of 42^nd CAA that amended Art 368 to give Parliament unlimited constituent powers and stated that no amendment shall be questioned on any grounds including contravention of FRs in any court of law.
      • This was held invalid as Judicial Review forms an integral part of basic Structure of the Constitution.

Elements of Basic Structure Doctrine:

1. The supremacy of the Constitution,
2. The rule of law
3. Effective access to Justice
4. Independence of the judiciary
5. Doctrine of separation of powers,
6. Limited power of the Parliament to amend the Constitution
7. Sovereign democratic republic
8. The parliamentary system of government
9. The principle of free and fair elections
10. Welfare state
11. Free and fair elections
12. Federal character of the Constitution

Significance of Basic Structure doctrine:

1. The judicial innovation has ensured that the power of amendment under Article 368 is not misused by Parliament.
2. Parliament cannot enjoy any right to repeal, abrogate or destroy the basic features of the constitution.
3. The Doctrine also ensures protection of democratic principles by preventing Parliament to acquire unlimited powers which can lead to an autocratic state.
4. Safeguards the identity of the constitution as the basic tenants of the constitution remains unaltered.

Infrastructure Developments at the LAC

Why in the News?

External Affairs Minister Dr. Jaishankar briefed on the current infrastructural developments along LAC that can act as a strategic control in the border regions.

Infrastructure at LAC (Line of Actual Control):

1. To improve the connectivity and accessibility to the rough terrains along LAC, extensive construction of Roads has been carried on which includes strategic Indo-China Border roads (ICBRs) entrusted to the Border Roads Organisation (BRO).

2. Trilateral highway aimed at connecting India, Myanmar and Thailand that also acts a connectivity route to Southeast Asia.
3. Connecting roads between Mizoram and Port of Sittwe in Rakhine Province of Myanmar and construction of 69 bridges.
4. Roadway to connect India and Nepal can facilitate easier connectivity between the two countries and bolster bigger business opportunities. The Raxaul-Kathmandu Rail link project can facilitate in greater people-to-people connectivity.
5. The connectivity projects will enable timely and smooth supply of essential commodities and ammunitions to border forces present in remote locations.
6. It shall also enable to reduce instances of Ceasefire violations and  infiltration due to continued monitoring and patrol facilitated by the infrastructural development projects.

Hurdles that hinder the infrastructural projects along LAC:

1. Delay in execution of road projects due to:
   1. Delay in obtaining Forest/Wildlife clearances
   2. Hard rock stretches
   3. Limited working season
   4. Difficulties in availability of construction materials
   5. Delay in land acquisition
   6. Natural calamities such as earthquakes, flash floods, etc.,
   7. Strategic security consideration.
2. The Military junta in Myanmar has resulted in volatile conditions in the Chin and sagaing regions of Myanmar that has halted further talks on the Trilateral highway project.

About:

Line of Actual Control (LAC):

1. McMahon line acts as a boundary line between Indian and China.
2. The tripartite Conference of 1913, between the British Indian government and Tibet led to delimitation of Indo-Tibetan Boundary. But this has not been accepted by China.
3. LAC is a line of demarcation between the Indian-controlled territory and the Chinese-controlled territory that was agreed on post Indo-China War, 1962 that was stated with China’s occupation of Aksai region and built a road through it.
4. India considers LAC to be 3488 km long stretch while China claims it to be only 2000 km long.
5. It is divided into three sectors
   1. The eastern sector which spans Arunachal Pradesh and Sikkim
   2. The middle sector in Uttarakhand and Himachal Pradesh
   3. The western sector in Ladakh.

Block chain Technology

1. 1. A distributed ledger technology that enables a layer of trust and eliminates the need for a third party to validate the transactions.
   2. It is an amalgamation of various technologies such as distributed systems, cryptography.
   3. Blocks are secured with proper security against tampering using any cryptographic hash algorithms.
   4. Transactions are validated and verified through consensus across nodes of the Blockchain network.

1. 5. Advantages of Blockchain technology:
      1. provides a decentralized, vigilant, time stamped, immutable and consensus-based data storage for the stakeholders.
      2. efficient ledger storage mechanism with appropriate authentication and authorization based on the role of the stakeholder
      3. Depending on the need of the application domain, either permissioned or permissionless Blockchain environment can be setup.
      4. Blockchain-as-a-Service allows for seamless integration for using Blockchain features in various application domains
   6. Concerns with Blockchain:
      1. The issue of scalability.
      2. Security issues as Blockchain vulnerabilities can be utilized to hamper the security protection.
      3. Interoperability across various blockchain platforms is a tedious task.
      4. Data localization needs to be achieved to restrict data flow outside the country.

Royal Bengal Tiger

1. 1. The 5^th cycle of India’s tiger census conducted in 2022 has revealed that the total number of Royal Bengal Tigers has crossed the three-digit figure in the Bay of Bengal’s mangrove forests, for the first time. 
   2. The Big cat population has reached its saturation level in the Bengal’s Delta region.
   3. There is a possibility of infiltration of wild animals into Bangladesh given the saturated population in the Bengal’s delta region.
   4. With a maximum carrying capacity of 4.68 in 100 sq km in the Bengal mangroves, the present density stands at 4.27 sq km which shall reach the carrying capacity within few years.
   5. Royal Bengal Tiger:
      1. It is a population of the Panthera tigris tigris subspecies is the largest of all cats.
      2. Range of the Big cat: Indian Subcontinent

1. 1. 3. Threats:
         1. Poaching
         2. Loss or fragmentation of Habitat
         3. Human-animal conflict

PM SHRI schools

• • PM Schools for Rising India (PM SHRI) is a centrally sponsored scheme to be implemented by Government of India over a period of 5 years (2022-23 to 2026-27).
  • The framework aims to develop more than 14500 PM SHRI Schools managed by Central government/State/UT Government/local bodies.
  • Its implementation shall help in building an equitable, inclusive, and plural society as envisioned by the National Education Policy (NEP), 2020 and also offer leadership to other schools in the neighbourhood.
  • More than 20 lakh students are expected to be the direct beneficiaries of the scheme.
  • The major interventions in the PM SHRI Scheme are:
    1. Quality and Innovation 
    2. Annual School Grants for library, sports, etc.,
    3. Early Childhood Care and Education and Foundational Literacy and Numeracy
    4. Flexibility in choice of subjects offered to students
    5. Safe and appropriate infrastructure for girls and Children with Special Needs
    6. Encouraging mother tongue as medium of instruction.
    7. ICT, smart classrooms and digital libraries for using digital pedagogy.
    8. Enhancing internship/entrepreneurship opportunities especially with local industry
    9. Strengthening of existing infrastructure