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DAILY NEWS ANALYSIS

Monthly DNA

13 Dec, 2023

16 Min Read

Section 6A of the Citizenship Act, 1955

GS-II : Governance Citizens and citizenship

Recently, A Constitution Bench led by Chief Justice of India D.Y. Chandrachud said it will first take up for preliminary determination whether Section 6A of the Citizenship Act, 1955 suffers from any “constitutional infirmity”.

About:

  • Section 6A was a special provision inserted into the 1955 Act in furtherance of a Memorandum of Settlement called the ‘Assam Accord’ signed on August 15, 1985.
  • The accord was a tripartite agreement between the Centre, the Assam government and the All Assam Students Union, and came after years of protest against perceived demographic change and outsiders in the state.

Section 6A

  • It created a special provision for Assam by which persons who entered between January 1, 1966, and March 25, 1971, and who are residing in the state, upon being detected as foreigners, will be allowed to register
  • Upon registration, such a person will have the same rights and obligations as a citizen of India, but will not be entitled to be included in any electoral roll for a period of 10 years.
  • Foreigners who had entered Assam before January 1, 1966, and been “ordinarily resident” in the State, would have all the rights and obligations of Indian citizens including the right to vote.

Constitution Bench:

  • A Supreme Court bench with a strength of a minimum of five judges is called the Constitution Bench.
  • It is constituted whenever a matter of law arises that requires a provision or provision of the Constitution to be interpreted, or there is a “significant legal question”.
  • It is not binding on the CJI to be a part of a Constitution Bench.
  • Article 145(3), which deals with the rules of the court, provides for the setting up of a Constitution Bench.

What are the main challenges to Section 6A?

The Citizenship Act 1955:

  • The Citizenship Act, 1955 regulates who may acquire Indian citizenship and on what grounds. However, illegal migrants are prohibited from acquiring Indian citizenship.
  • An illegal migrant is a foreigner who:
    • Enters the country without valid travel documents, like a passport and visa, or
    • Enters with valid documents, but stays beyond the permitted period.
  • Encouraging “foreign infiltration”: Petitioners argue that Section 6A of the Citizenship Act, by providing a path to citizenship for illegal immigrants who entered Assam before 1971, actually incentivized further “foreign infiltration” into the state.
    • This is because it gave hope to illegal immigrants that they could eventually obtain citizenship, even if they entered the country illegally.
  • Destruction of local cultural identity:
    • Petitioners also claim that the influx of illegal immigrants has led to the destruction of the local Assamese cultural identity.
    • This is due to factors such as demographic changes, competition for resources, and potential assimilation of indigenous communities.

Assam Accord

  • It was a tripartite accord signed between the Centre, the State Government of Assam, and the leaders of the Assam Movement in 1985.
  • It fixed a cut-off of midnight of 24th March 1971, for the detection of illegal foreigners in Assam.
  • Unjustified special treatment for Assam: Petitioners argue that there is no justification for singling out Assam and subjecting it to a different citizenship regime compared to other Indian states.
    • They claim that the justification of a violent political agitation leading to a political settlement (Assam Accord) is not sufficient to justify such a significant departure in policy.
  • Arbitrary and discriminatory:
    • Section 6A of the Citizenship Act has also been challenged on the grounds of being arbitrary and discriminatory.
    • Critics argue that it violates the fundamental right to equality by providing preferential treatment to a specific group of illegal immigrants based on their date of entry.
  • Lack of clarity on the definition of “infiltration”: There is also some lack of clarity on the definition of “infiltration” used in Section 6A.
    • This lack of clarity creates confusion and uncertainty and can lead to potential misuse of the provision.
  • Assam Accord-1985:
    • It was signed by the All Assam Students Union, the Assam government, and the Government of India on August 15, 1985, to detect and deport foreigners to the state.
  • What is NRC in Assam?
    • The NRC in Assam is basically a list of Indian citizens living in the state. The citizens’ register sets out to identify foreign nationals in the state that borders Bangladesh.
    • The process to update the register began following a Supreme Court order in 2013, with the state’s nearly 33 million people having to prove that they were Indian nationals before March 24, 1971.
    • The updated final NRC was released on August 31, with over 1.9 million applicants failing to make it to the list.

Source:

Truth and Reconciliation Commission (TRC)

GS-II : International Relations India and its neighborhood

One of the Justice of Supreme Court recommended setting up a Truth and Reconciliation Commission to look into alleged violations of human rights in J&K and to recommend measures for reconciliation.

  • It is also known as a ‘truth and justice commission’ or simply, a ‘truth commission’.
  • It is an official mechanism to acknowledge and reveal the wrongdoings by both state and non-state.
  • Aim – To address and resolve the conflicts of the past.
  • Definition – According to the Priscilla B. Hayner, a TRC
    • Focusses on the past, rather than ongoing events
    • Investigates a pattern of events over a period of time
    • Engages directly and broadly with the affected population, gathering information on their experiences
    • Acts as a temporary body, with the aim of concluding with a final report.
    • Is officially authorized or empowered by the state under review

Priscilla B. Hayner authored the book ‘Unspeakable Truths: Transitional Justice and the Challenge of Truth Commissions’ that have the reviews of 40 truth commissions.

  • Countries with TRC – Kenya, Uganda, South Africa, Canada, Australia, Sri Lanka and Nepal
    • South Africa and Australia are best known and Canada is the most consequential

Truth and Reconciliation Commission focusses on putting together information and evidence from both the victims and the perpetrators of violence, rather than on prosecution and punishment for crimes.

Source:

Strategy for India's Future Growth

GS-III : Economic Issues Growth, Development and Employment

India’s future growth strategy needs to be calibrated in view of the changing global conditions.

India’s growth projections

  • India’s growth in 2023-24 is currently projected by the Reserve Bank of India at 7%.
  • International Monetary Fund (IMF) and the World Bank have pegged it at 6.3%.
  • India is likely to realise the RBI’s currently projected growth of 7% in this fiscal year.
  • In the medium term, the IMF has projected an annual growth of 6.3% up to 2028-29

What are the challenges that India faces?

  • Deglobalisation- There is a trend of reducing global integration and increasing protectionism among countries due to various factors such as geopolitical conflicts, sanctions, and supply chain disruptions .
  • Geopolitical conflicts- The ongoing conflicts such as Russia-Ukraine war and the Israel-Hamas war have escalated in recent years and have caused humanitarian crises, regional instability, and diplomatic tensions.
  • Economic sanctions- The geopolitical conflicts have led to sanctions and isolation leading to breaks in supply chains as well as disruptions in international settlements due to non-access to systems such as SWIFT for the sanctioned countries.
  • Reduced world real GDP growth- It has fallen, implying that the global economy is slowing down and facing recessionary pressures.
  • Reduced global exports- This is due to reduced real GDP of the world as countries including India want to reduce their dependence on imported petroleum due to supply uncertainties and price volatility.
  • Increase in household debt- This reflects the decline in household savings, if the trend persists even after the recovery of economy from the pandemic this could pose a risk to India’s growth potential and fiscal sustainability.
  • Climate friendly technologies- India’s climate commitments may have negative impact on economic growth as some sectors face higher cost and lower productivity.

How India should frame the future growth strategy?

  • Self-reliant model- India should adopt independent and resilient economic model, where it can generate enough domestic demand and supply to support its growth, without relying too much on external sources.
  • Domestic growth drivers- India needs to rely more on domestic sources of growth, to achieve and sustain a 7% plus real growth, domestic savings will be critical.
  • Low ICOR- Incremental Capital Output Ratio must be low for the higher productivity of capital and a higher potential growth rate of the economy.

Incremental Capital Output Ratio is the ratio of the change in capital stock to the change in output, it measures how much additional capital is needed to produce one unit of additional output

  • Demographic dividend-As per UN population projections, the share of India’s working age population is projected to peak at 68.9% in 2030 while its overall dependency ratio would be at its lowest at 31.2%.
  • Strategize employment- The non-agricultural growth will have to be high enough to absorb labour released from agriculture which is estimated at 45.8% in 2022-23 by the Periodic Labour Force Survey.
  • Adopt new technologies- Absorption of productivity-enhancing technologies including Artificial Intelligence (AI) and Generative AI would add to overall growth.
  • Productive investment- India needs to invest in training and skilling its workers to cope with the changing structure of output and to adopt new technologies.
  • Focus on service sector- The adverse impact of climate-promoting technological changes can be minimised by emphasising service sector growth which is relatively climate friendly.

The service sector accounts for about 55% of India’s GDP and employs over 30% of its workforce.

  • Fiscal responsibility- It is important to ensure that the combined fiscal deficit and debt to GDP ratios are brought down to 6% and 60%, respectively for sustainable growth.

What lies ahead?

  • Higher savings and investment rates can boost economic growth by providing more resources for productive activities.
  • The need of the hour is to enhance the skills and employability of the young workforce to the labour market.
  • India must adopt a technology mix which is employment friendly to create more jobs and reduce inequality.

SWIFT

  • The Society for Worldwide Interbank Financial Telecommunications (SWIFT) system is an electronic communications network.
  • Founded- In 1973.
  • Aim- To simplify international financial transactions.
  • Bank Identifier Code- SWIFT assigns each financial organization a unique code with either 8 or 11 characters.
  • Headquarters- La Hulpe, Belgium.

Source:

Indian Forest & Wood Certification Scheme

GS-III : Biodiversity & Environment Forest

India have launched its 1st Indian Food and Wood certification scheme.

  • Launched by – MoEFCC
  • Aim – To offer voluntary 3rd party certification to promote sustainable forest management and agroforestry in the country.
  • To incentivise entities like State forest departments, individual farmers, or Farmer Producer Organizations, farm forestry and other wood-based industries in the value chain.
  • Certification Types
    • Forest management (FM) certification
    • Tree outside forest management certification
    • Chain of custody (CoC) certification

Forest Management certification is based on the Indian Forest Management Standard, an integral part of the National Working Plan Code 2023 which consists of 8 criteria, 69 indicators and 254 verifiers.

  • Overseen by – Indian Forest and Wood Certification Council.
  • Operating agency – Indian Institute of Forest Management in Bhopal, responsible for overall management.
  • The National Accreditation Board for Certification Bodies under the Quality Council of India (QCI) will accredit the certification bodies.
  • Certification bodies – It will carry out independent audits and assess entities on their adherence to the prescribed standards.

Forest certification seeks to authenticate the origin, legality, and sustainability of forest-based products.

Chain of custody (CoC) certification is meant to guarantee the traceability of a forest product like timber throughout the supply chain from origin to market.

Indian Forest and Wood Certification Council

  • It will act as a multi-stakeholder advisory body.
  • Composition – Representatives from Indian Council of Forestry Research and Education, FSI, QCI, IIFM, Union Ministry (Agriculture and Commerce), State Forest Departments, Forest Development Corporations and Wood-based industries

Source:

Bab al-Mandab Strait

GS-II : International Relations International issues

  • It is a strait between Arabia and Africa that connects the Red Sea with the Gulf of Aden and the Indian Ocean.
  • The strait is bordered by Yemen on one side and Djibouti and Eritrea on the other.
  • It is a strategic route for oil and a chokepoint between the Middle East and the Horn of Africa.
  • It's also a vital link in the maritime trade route between the Mediterranean Sea and the Indian Ocean. About 10% of global trade passes through the Bab el-Mandeb Strait.

Source:

Poland

GS-II : International Relations Europe

  • Donald Tusk becomes Poland's Prime Minister recently.
  • Poland is the 9th Largest Country in Europe. It's bordered by the Baltic Sea to the north.
  • The country is bordering
    • Germany to the west, the Czech Republic and
    • Slovakia to the south,
    • Ukraine and Belarus to the east, and

Lithuania and the Russian enclave of Kaliningrad to the northeast.

Source:

Anthrax

GS-II : International Relations International issues

  • 5 countries in East and southern Africa are in the middle of outbreaks of the anthrax disease recently.
  • It is a serious infectious disease caused by gram-positive, rod-shaped bacteria known as Bacillus anthracis.
  • It occurs naturally in soil and commonly affects domestic and wild animals around the world.

It is a zoonotic disease that can resulting in severe lung problems, difficulty breathing, and shock in humans, usually been found in India’s southern states.

Source:

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