12 Oct 2023: UPSC Exam Comprehensive News Analysis

12 Oct 2023 CNA
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A. GS 1 Related

Nothing here for today!!!

B. GS 2 Related

Category: GOVERNANCE

1. Concerns about govt’s fact check unit

Syllabus: Government policies and interventions aimed at development in various sectors and issues arising out of their design and implementation. Development processes and the development industry – the role of NGOs, Self Help Groups, various groups and associations, institutional and other stakeholders.

Mains: Government initiatives related to fact-checking; Important aspects of governance, transparency, and accountability.

Context

The article delves into a legal dispute within the Bombay High Court concerning the 2023 Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules. These regulations empower a Fact Check Unit (FCU) to identify and request the deletion of online content labelled as “fake or misleading” in connection with the Central Government’s activities.

Introduction

• The Bombay High Court has reserved its verdict in a batch of petitions challenging the constitutionality of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 (IT Rules).
• These rules allow the establishment of a Fact Check Unit (FCU) by the Union Government to identify and demand the removal of “fake, false, or misleading” online content related to the business of the Central Government.

Key Points

• In April 2023, the Ministry of Electronics and Information Technology (MEiTY) issued the IT Rules, which authorised the establishment of the FCU.
• Several petitions were filed before the Bombay High Court, including by political satirist Kunal Kamra, the Editors Guild of India, and the Association of Indian Magazines, challenging Rule 3(1)(b)(v) of the IT Rules.
• The petitioners argue that this provision could enable government-led online censorship and give the government the role of “prosecutor, judge, and executioner” in determining what constitutes the ‘truth’ online.
• The government defends the FCU, stating that it will only notify intermediaries or online platforms about the content identified as fake, false, or misleading, and intermediaries can choose whether to remove it or leave it up with a disclaimer.
• The High Court bench plans to pass its ruling on December 1, and the government has agreed not to notify the FCU until the judgement is delivered.

Details of the Amendment

• The amendment significantly alters Rule 3(1)(b)(v) of the IT Rules, 2021, which outlines the responsibilities of intermediaries.
• Intermediaries are now required to make “reasonable efforts” to ensure users do not share content that the Central Government’s fact-check unit has identified as fake, false, or misleading, or risk losing safe harbour protection.
• The safe harbour protection exempts intermediaries from liability for third-party information hosted on their platforms.

High Court Observations and Concerns

• The High Court expressed concerns about the lack of necessary safeguards in the amended Rules, suggesting they do not protect fair criticism of the government, including parody and satire.
• Ambiguities in the term “any business of the Central government” raised questions about whether political speeches ahead of the 2024 Lok Sabha elections would be covered and whether content challenging the veracity of these speeches could be flagged as “fake.”
• The Court also noted that the Press Information Bureau (PIB) has been effectively fact-checking for years, raising questions about the need for an FCU.
• The Court highlighted issues with vague terms like “fake,” “false,” and “misleading,” noting their subjective nature and the lack of clarity.
• The Court raised concerns about editorial content online and whether hard-hitting critiques would be classified as “fake news.”
• It found that the powers of the FCU resembled a ‘diktat,’ as there was no provision allowing an intermediary to justify or defend the flagged content.
• The Court was troubled by the lack of recourse or remedy for users whose posts were removed or accounts suspended based on FCU flags.

Nut Graf: The Bombay High Court has reserved its verdict in a legal challenge against the 2023 IT Rules that permit a Fact Check Unit to identify and remove “fake, false, or misleading” online content related to the Central Government’s business. The court has raised concerns about potential government-led censorship, vague terms, and the lack of safeguards in the rules.

C. GS 3 Related

Nothing here for today!!!

D. GS 4 Related

Nothing here for today!!!

E. Editorials

Category: INTERNATIONAL RELATIONS

1. UN Security Council reform is a song in a loop

Syllabus: Important International institutions, agencies and fora, Structure and Mandate

Mains: UN Security Council reforms

Context:​ The longstanding debate over reforming the United Nations Security Council has resurfaced, with world leaders and the UN Secretary-General expressing concerns about its outdated structure.

Issues in the UN Security Council:

• Outdated Composition: The Security Council’s composition reflects the geopolitical realities of 1945, with only 15 members out of 193 UN member-states, and just five permanent members (P5) enjoying veto power.
• Lack of Equity: The current setup gives undue weight to the balance of power of those days, particularly favouring European nations, which control a disproportionate number of seats.
• Injustice in Representation: Some financially significant contributors like Japan and Germany remain underrepresented while emerging powers like India are denied a permanent seat despite their global influence.
  • When the UN was founded in 1945, the Security Council had 11 members; out of a total membership of 51 nations – meaning a 22% representation.
  • Change was made to the original charter in 1965 – addition of 4 more non-permanent members, taking the total from 11 to 15.
  • At present, out of 193 members, the council has 15 members; meaning 8% representation.
• Opposition to Reform: Several medium-sized and large countries, often rivals of potential beneficiaries, resist reforms due to competition, historical grievances, or envy.
• High Bar for Charter Amendment: Amending the UN Charter requires a two-thirds majority in the General Assembly, plus ratification by two-thirds of member states, creating a high threshold for any change.

Need for reforms:

• The UN represents the realities of 1945.
• The UN Charter still terms countries like Japan and Germany as ‘enemy states’.
• Does not take into account financial contributions by the members.
• Does not represent the population.
• Ignores the role of countries like India.
• Leads to the council becoming ineffective.

Significance of reforms:

• Reforming the Security Council is crucial for the UN to adapt to the 21st century’s geopolitical landscape.
• It would ensure more equitable representation, recognize emerging powers, and address historical injustices.
• The current gridlock and misuse of veto power jeopardize the Security Council’s ability to effectively address global issues and conflicts.

Way forward:

• Broad Consensus: Reform proposals should seek a broad consensus among member states and avoid alienating any of the P5, who hold veto power.
• Semi-Permanent Members: Consider the introduction of a second category of “semi-permanent members” with limited, but renewable, terms to accommodate aspirant nations.
• Regional Representation: Ensure representation of key regions like Asia, Africa, and Latin America, which have multiple contenders for permanent seats.
• Avenues for Dialogue: Establish platforms for constructive dialogue and negotiation among member states to find common ground on reform.

Issues in undertaking reforms:

• Pushback from the permanent members.
• Reluctance on the side of the other member nations.
• The methodology for expansion: Process for amendment of the charter
  • Amendments require a 2/3rd majority, (129 out of 193 states).
  • Ratification by 2/3rd of the member states.

Nut Graf: The issue of UN Security Council reform is indeed a recurring theme, but it remains vital for the UN’s effectiveness and relevance. As the world’s premier global organization, it must adapt to the evolving international landscape by addressing historical injustices and ensuring more equitable representation. Achieving meaningful reform requires diplomacy, compromise, and a genuine commitment to building a stronger, more inclusive United Nations.

Category: POLITY

1. Women’s quota – rhetoric and reality

Syllabus: Constitution and Amendments

Mains: Women’s quota opportunities and challenges

Context:​ The recent passing of the Women’s Reservation Bill in both Houses of Parliament is celebrated, but it overlooks significant realities and conditions attached to the legislation.

Challenges:

• Conditional Legislation: The Women’s Reservation Bill is conditional upon the conduct of a census and a subsequent delimitation of constituencies. In Hamdard Dawakhana vs Union of India (1959), the Supreme Court hinted that in conditional legislations, for the statute to take effect, there could be a further dependence on the executive or even on the legislature of the future day, among other things.
• Underrepresentation of Women: Women, constituting nearly half the population, are severely underrepresented in Parliament and State legislative bodies, with only 15% in the Lok Sabha and 12% in the Rajya Sabha.
• Global Gender Gap: India’s low ranking (141 out of 185) in the Global Gender Gap Report emphasizes the gender disparity in political representation.
• Constitutional Provisions: Articles 81 (2) (a) and 170 of the Constitution link seat allocation to population, making delimitation a contentious issue.
• North-South Divide: Pending delimitation and demographic differences between North and South India could affect the allocation of political power and resources.

Significance:

• The Women’s Reservation Bill aims to address gender disparity and empower women in political decision-making.
• Delimitation and demographic issues have become barriers to the bill’s implementation, affecting its significance.

Way forward:

• Decouple Women’s Reservation from Delimitation: Detach the Women’s Reservation Bill from the delimitation process to expedite its implementation.
• Different Parameters: Recognize that the criteria, process, and purpose of the Women’s Reservation Bill differ from delimitation, making a separate census unnecessary.
• Constitutional Amendment: Address the issue of conditional legislation, ensuring that amendments are not contingent on uncertain future processes.
• Transparency: Promote transparency in the legislative process and avoid secretive handling of such critical issues.

Nut Graf: For effective empowerment of women in political decision-making, it is essential to uncouple the women’s reservation bill from the condition of delimitation of constituencies. This is imperative to uphold the principles of democracy and the pursuit of gender equality.

Q1. With reference to the Indian Ocean Rim Association (IORA), 
consider the following statements:

Q2. What is the name of the operation undertaken by India to 
evacuate its citizens from conflict-hit Israel?

Q3. With reference to the United Nations Security Council (UNSC), 
consider the following statements:

Q4. With reference to the Fact Check Unit (FCU) of the Union Government, 
which of the following statements is/are incorrect? 

Q5. With reference to delimitation in India, consider the following statements: