ISRAEL COMMITING GENOCIDE IN GAZA:UN
KEY HIGHLIGHTS
- The UN Independent International Commission of Inquiry (COI), chaired by Navi Pillay, has concluded for the first time that Israel is committing genocide in Gaza.
- Trigger: The ongoing Gaza war began after Hamas’s attack on Israel on October 7, 2023.
- Significance: Marks a turning point since no UN- mandated body had earlier directly termed Israel’s actions as “genocide.”
Key Facts / Prelims Pointers
- Genocide Convention, 1948 (UN Convention on the Prevention and Punishment of the Crime of Genocide) defines genocide as acts committed with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group.
- Five genocidal acts under Article II:
Killing members of the group
Causing serious bodily or mental harm.
Inflicting conditions of life leading to destruction Preventing births within the group
Forcibly transferring children
- COI found Israel guilty of 4 of 5 acts.
- Key officials named: PM Netanyahu, President Isaac Herzog, Ex-Defence Minister Yoav Gallant.
- UN rights chief Volker Turk emphasized only courts (like ICJ/ICC) can legally determine genocide.
- Israel rejected the report, calling it “false” and “biased.”
Static Linkages
- Polity & IR: International Court of Justice (ICJ), International Criminal Court (ICC), UNHRC. Geography: Gaza Strip’s geostrategic location,
- Mediterranean coastline, borders with Egypt & Israel.
- History: Post-WWII conventions, Holocaust memory shaping Genocide Convention.
- Security: Middle East conflicts and global oil/economic impacts.
Critical Analysis Opportunities /Pros
- Report strengthens global accountability mechanisms under international law.
- Brings visibility to civilian suffering and humanitarian crises.
- Could spur reforms in UN enforcement architecture.
Challenges / Cons
- Israel rejects findings → undermines legitimacy of UN investigations.
- Enforcement weak: UN bodies lack coercive power without UNSC backing.
- Deepens polarisation in geopolitics (US vs Global South / Muslim nations).
Long-term Implications
- May impact future peace negotiations in West Asia.
- Risk of erosion of faith in multilateral institutions.
- Could redefine global debates on responsibility to protect (R2P) and sovereignty.
Way Forward
- Strengthen international legal enforcement (ICJ, ICC cooperation).
- Encourage neutral humanitarian monitoring mechanisms in conflict zones.
- Promote inclusive peace dialogues backed by regional powers + UN.
- India: Continue balancing act → support two-state solution while protecting strategic ties with both Israel and Palestine.
FAITH & FREEDOM
KEY HIGHLIGHTS
- A batch of petitions challenges “Freedom of Religion” Acts enacted by 10+ States, which are essentially anti-conversion laws.
- The petitions argue these laws violate Article 25 (freedom of conscience and religion) and the right to life and liberty under Article 21.
- Trigger: Petition by advocate Ashwini Upadhyay seeking ban on deceitful conversions; counter- arguments highlighted the misuse of such laws against inter-faith marriages.
- Historical context: Anti-conversion debates trace back to colonial-era “missionary regulations” and later to the Constituent Assembly debates where Dr. B.R. Ambedkar rejected explicit restrictions on conversions.
- Previous stance: SC (2023) refused to refer issue to Law Commission on criminalising forcible conversion as a separate IPC offence.
Key Facts/Prelims Prelims Pointers
- States with such Acts: UP, MP, Uttarakhand, Gujarat, Himachal Pradesh, Chhattisgarh, Jharkhand, Haryana, Karnataka, Rajasthan (recent).
- Punishment: Up to life imprisonment; bail conditions on par with UAPA.
- Burden of proof: On the convert, reversing usual criminal law principle.
- Third-party complaints allowed: enabling misuse by unrelated actors.
- Article 25(1) – Right to freedom of conscience and to profess, practice, and propagate religion (subject to public order, morality, health).
- Article 21 – Right to personal liberty includes marriage choice (Shafin Jahan v. Asokan, 2018, “Hadiya case”).
- SC observations: Court tests constitutionality, not policy. Key query: “Who will decide if a conversion is deceitful?”
Static Linkages
- Polity: Fundamental Rights (Part III), Directive Principles (Article 46 – protect weaker sections).
- IR link: Global debates on religious freedom (US International Religious Freedom Report, UNHRC observations).
- History: Missionary activity in colonial India, Arya Samaj’s Shuddhi movement, post-Independence anti-conversion
debates.
Critical Analysis Opportunities/Pros
- Prevents exploitation through fraud, coercion, inducement. Ensures protection of vulnerable groups from manipulation.
- Reinforces “public order” ground under Article 25(1).
Challenges / Cons
- Over-broad provisions → criminalises genuine inter-faith marriages.
- Burden of proof on the convert violates presumption of innocence.
- Allows third-party interference in personal choices. Chilling effect on Article 25 freedoms, minority rights, and privacy under Article 21.
- May deepen communal polarisation.
Long-term Implications
- Judicial confrontation with legislative overreach. Possible constitutional bench reference.
- Potential precedent on defining limits of State control over personal faith.
Way Forward
- Judicial scrutiny: SC must strike balance between preventing forced conversions and protecting liberty.
- Law reform: Narrowly define “fraudulent conversion”, remove vague terms like “allurement”.
- Safeguards: Disallow third-party complaints; restore burden of proof on prosecution.
- Best practices: Comparative study of laws in democracies (e.g., U.S. strict scrutiny on laws burdening religious freedom).
- Awareness programs: Promote interfaith dialogue rather than criminalisation.
GST 2.0
KEY HIGHLIGHTS
Context & Backgroud
- GST was introduced in July 2017 to create a destination-based, consumption-led tax regime replacing multiple indirect taxes.
- Aim: avoid cascading, increase efficiency, and shift incidence of taxation onto final consumers.
- Over the years, issues persisted: multiple tax slabs, inverted duty structures, compensation cess, compliance burden.
- On 22 September 2025, a new GST rate structure is implemented with rationalisation of slabs and merging of cess.
Key Facts / Prelims Pointers
- Discontinued slabs: 12% and 28%.
- Retained: 0%, 5%, 18%.
- Introduced: 40% “demerit” rate for luxury/sin goods. Special rates below 5% continue (e.g., essentials).
- 546 goods affected → 80% rate cuts, 20% hikes. Major beneficiaries: textiles, consumer electronics, automobiles, health, food, fertilizers, renewable energy.
- Revenue loss estimates: ₹48,000 crore (MoF), some estimates higher.
- Budget assumption: 10.1% nominal GDP growth vs actual Q1: 8.8%.
- Direct tax collection Q1 2025-26: (-)4.3% growth vs 33.6% growth previous year.
- Revenue foregone already: ₹1 lakh crore (from income tax reforms).
Static Linkages
- Economy: Concepts of direct vs indirect taxes, elasticity of demand, fiscal deficit management, incremental capital output ratio (ICOR).
- Polity: GST Council (Art. 279A), Finance Commission role in fiscal transfers.
- Global Best Practice: Many countries have single-rate GST/VAT systems (e.g., New Zealand ~15%).
Cricitical Analysis Opportinuties/Pros
- Simplifies GST by reducing slabs (closer to a 3+1 structure).
- Boost to employment-intensive sectors → textiles, food, electronics.
- Lower input costs for agriculture & renewable energy.
- Raises disposable incomes → demand push in short term.
- Long-term efficiency gains from reduced cascading.
Challenges / Cons
- Revenue loss (~₹48k–100k crore) → strain on fiscal deficit.
- Revenue foregone + weak direct tax collections → gross tax revenue below Budget estimates. Exemptions & multiple slabs → continued inverted duty structure, ITC bottlenecks.
- States may face higher borrowing/cut in expenditure→ adverse on growth.
- Inflationary risk if deficit monetised through liquidity expansion.
Long-term Implications
- If consumption demand fails to rise adequately, revenue shortfall may persist.
- Investment-driven growth still key → GST reform alone not sufficient.
- Need alignment towards fewer slabs, minimal exemptions, seamless ITC to achieve full efficiency.
Way Forward
- Move towards a 2/3 rate GST structure (e.g., merit, standard, demerit).
- Minimise exemptions, ensure seamless ITC to avoid cascading.
- Strengthen compliance & digital infrastructure to widen base.
- Balance short-term fiscal prudence with long-term growth push.
- Learn from global best practices (NZ, Canada) → simple, broad-based GST with fewer slabs.
‘JUDICIAL EXPERIMENTALISM’ VERSUS THE RIGHT TO JUSTICE
KEY HIGHLIGHTS
Context & Background
- Trigger: The Supreme Court (July 2025) endorsed Allahabad HC’s guidelines (Mukesh Bansal, 2022) on Section 498A IPC (now Section 85, Bharatiya Nyaya Sanhita) introducing a two-month cooling period + referral to Family Welfare Committees (FWC) before coercive action.
- Historical background:
- Section 498A IPC (1983) was introduced to punish cruelty against women in matrimonial settings.
- Over time, concerns of misuse led to judicial & statutory safeguards.
- Lalita Kumari (2014) → preliminary inquiry allowed in matrimonial disputes before FIR.
- Arnesh Kumar (2014) → rationalised arrests, introduced “notice of appearance.”
- Satender Kumar Antil (2022) → bail if arrest violated Arnesh safeguards.
- Rajesh Sharma (2017) → FWCs mandated, but struck down by Social Action Forum for Manav Adhikar (2018).
Key Facts/Data (Prelims Pointers)
- Statistical trends (NCRB):
- Registered cases: 1,13,403 (2015) → 1,40,019 (2022).
- Arrests: 1,87,067 (2015) → 1,45,095 (2022).
- Legal shifts: Section 498A IPC → Section 85 BNS. Criminal law reforms (2023–25): cruelty cases placed under preliminary inquiry before FIR.
- CrPC Amendment 2008: “Principle of necessity” for arrest.
Static Linkages
- Polity & Constitution: Article 21 (life & personal liberty), Article 14 (equality before law).
- Criminal Law: Evolution from IPC →BNS, CrPC → BNSS.
- Judiciary: Doctrine of judicial restraint, separation of powers.
- Women issues: Dowry prohibition laws, Domestic Violence Act, gender justice framework.
Critical Analysis Opportunities/Pros
- Protects innocent husbands/families from arbitrary arrest.
- Reduces police excesses & misuse of law.
Challenges/Cons:
- Delays immediate protection & justice for genuine victims.
- Undermines functional autonomy of police & magistrates.
- Repeats Rajesh Sharma (2017) mistake—judicial overreach.
- Creates legal uncertainty—no statutory authority for FWCs.
Long-term implications:
- Weakens victim’s trust in legal system.
- Risks normalising patriarchal suspicion of women’s complaints.
- Possible clash with legislative intent & fundamental rights.
Way Forward
- Revisit ruling: Restore victim’s prompt access to justice.
- Strengthen safeguards: Use Arnesh Kumar checklist & CrPC amendments instead of extra-legal FWCs. Alternative reforms: Fast-track matrimonial offence cases, mandatory counseling (but post-FIR, not pre- FIR).
- Global best practices: Protective orders (like restraining orders in US/EU) with speedy hearings, not cooling delays.
CONSTITUTIONAL CLARITY
KEY HIGHLIGHTS
Context & Bachground
- Trigger: The Supreme Court’s April 8, 2025 judgment clarified that Governors and the President cannot indefinitely withhold assent to Bills under Articles 200 and 201.
- Presidential Reference (Article 143): Following this judgment, the Centre sought the Court’s advisory opinion on 14 questions regarding Governor/President’s powers.
- Historical Background:
- Articles 200 & 201 of the Constitution deal with Governor’s assent to State Bills.
- The issue has been politically contentious, with Opposition-ruled States alleging deliberate delays.
- Similar tussles in the past: Shamsher Singh (1974), Nabam Rebia (2016) on Governor’s discretionary powers.
- Article 143 allows Presidential References, but advisory opinions are not binding unlike judgments under Article 141.
Key Facts/ Prelims Pointers
- Articles involved:
Article 200 – Options before Governor: (i) Assent, (ii) Withhold assent, (iii) Return for reconsideration, (iv) Reserve for President.
Article 201 – President’s options when Bill is reserved.
- Judicial Review: Court questioned why Governor’s decisions under Article 356 are reviewable but not under Article 200.
- April 8, 2025 Judgment: Governors cannot paralyse legislative functioning through inaction.
- Centre’s step: Instead of filing a review/curative petition, it sought a Presidential Reference.
Static Linkages
- Governor’s role: Constitutional head, bound by aid and advice (Art. 163).
- Judicial doctrines: Constitutional silence ≠ unlimited discretion.
- Federalism in India: Quasi-federal, but requires cooperative balance.
Critical Analysis Opportunities / Pros:
- Reinforces judicial clarity on ambiguous constitutional provisions.
- Prevents misuse of office to delay State legislations.
- Strengthens cooperative federalism and accountability of constitutional authorities.
Challenges / Cons:
- Political misuse of Governors persists; neutrality often questioned.
- Presidential Reference route creates confusion vis-à- vis binding judgments.
- Centre–State trust deficit deepens.
Long-term Implications:
- May redefine scope of judicial review over Governor’s actions.
- Could reduce executive overreach in Opposition-ruled States.
- Sets precedent for limiting constitutional inaction by high offices.
Way Forward
- Define time limits for Governor/President to act on Bills (like UK’s royal assent convention).
- Codify Governor’s discretionary powers in line with Sarkaria Commission & Punchhi Commission recommendations.
- Promote cooperative federal forums (Inter-State Council, GST Council-style mechanisms) for dispute resolution.
- Strengthen judicial recourse for States in case of undue delay.
A BRIEF RESPITE KEY HIGHLIGHTS
- India’s August 2025 trade data offers temporary relief with exports rising and imports falling, narrowing the trade deficit.
- Triggered by the U.S.’s imposition of steep tariffs: 25% reciprocal tariffs from August 7 and 50% punitive tariffs from August 27.
- This development is critical as the U.S. is India’s largest trading partner and tariff escalation comes amidst ongoing trade negotiations.
- Historically, India has faced trade tensions with major partners (e.g., U.S. withdrawal of GSP benefits in 2019; earlier WTO disputes on poultry, solar panels).
Key Facts / Prelims Pointers
- Exports (Aug 2025): $35.10 bn (+6.7% YoY).
- Imports (Aug 2025): $61.59 bn (–10.12% YoY).
- Trade deficit: $26.49 bn (vs. $27.35 bn in July).
- U.S. Exports (Aug): $6.86 bn (down from $8.01 bn in July).
- Gold imports: –57% YoY; Silver imports: –60% YoY.
- Pharma exports: +6.94% YoY → $2.51 bn (tariff- exempt sector).
- China imports (Apr–Aug 2025): +10.19%, despite strained ties.
Static Linkages
- Polity & IR: WTO rules, bilateral trade negotiations, FTA dynamics.
- Economy: Balance of Payments (BoP), trade deficit implications, tariff impact on supply chains.
- Geography: Resource dependence (gold, coal imports; China’s dominance in electronics/steel inputs).
- Environment: Lower coal imports → climate & energy transition relevance.
Critical Analysis Opportunities/
- Narrowing trade deficit improves BoP position.
- Push for import substitution → opportunity for “Make in India” & domestic suppliers.
- Pharma & sunrise sectors (electronics, engineering goods) show resilience
Challenges/Cons
- Tariff shock from U.S. could erode competitiveness of labour-intensive exports (textiles, gems).
- Declining imports may signal slowing domestic demand → economic stress.
- Dependence on China despite political friction undermines strategic autonomy.
Long Term Implications
- Sustained tariffs could reconfigure India’s export markets.
- Risk of job losses in labour-intensive sectors (textiles, seafood).
- Strategic recalibration needed → diversification of trade partners, FTAs with EU/UK.
Way Forward
- Negotiation Diplomacy: Fast-track India–U.S. trade talks; leverage pharma and digital trade.
- Diversification: Expand markets in Africa, Latin America, EU to reduce U.S. dependence.
- Domestic Capacity: Promote PLI schemes, skill training, logistics upgrades to enhance competitiveness.
- Tariff Shielding: Extend targeted interest subvention & credit support to vulnerable sectors.
- Best Practices: Follow Vietnam/Mexico model of integrating into alternative global value chains during tariff wars.