12 MARCH 2024

Rules Notified for Citizenship Amendment Act (CAA), 2019

Syllabus: GS2/Government Policies and Interventions

Context

• The Ministry of Home Affairs notified the Citizenship Amendment Rules under the Citizenship Amendment Act (CAA) which was enacted in December 2019.

Background

• In December 2019, Parliament passed an amendment to The Citizenship Act, 1955, to include a provision for grant of citizenship to migrants belonging to the Hindu, Sikh, Buddhist, Jain, Parsi, or Christian communities who entered India before December 31, 2014 from Pakistan, Afghanistan, or Bangladesh.
• The law was notified on January 10, 2020 amidst protests around the country, particularly in Assam, but could not be implemented in the absence of the Rules.
• On May 28, 2021, the Union government issued an order under Section 16 The Citizenship Act, 1955, giving district collectors in 13 districts with high migrant populations the power to accept citizenship applications from groups identified in the 2019 amendment.

Citizenship Amendment Act (CAA), 2019

• It seeks to fast-track Indian citizenship to Hindus, Sikhs, Buddhists, Jains, Parsis and Christians – with the exception of Muslims – who migrated to India owing to religious persecution in Pakistan, Afghanistan and Bangladesh. 
• In essence, the 2019 amendment relaxed the eligibility criteria for certain classes of migrants (on religious lines) from three neighbouring Muslim-majority countries. 
• Exemption: Certain categories of areas, including tribal areas in Assam, Meghalaya, Mizoram, and Tripura, and areas protected by the ‘Inner Line’ system, were exempted from the purview of the CAA.
  • The concept of Inner Line separates the tribal-majority hills of the Northeast from the plains areas. To enter and stay in these areas, an Inner Line Permit (ILP) is needed.

Highlights of the Citizenship (Amendment) Rules, 2024 Eligibility: Who can apply for Citizenship – An individual of Indian origin seeking registration as a citizen of India – An individual married to a citizen of India, seeking registration as a citizen of India – An application from a minor child of an Indian citizen, seeking registration as a citizen of India, etc. Document to be attached for Citizenship by naturalization – Form VIIIA Submission: The applicant submits Form VIIIA, which includes all necessary personal details and information required for the naturalization process. – Affidavit Verification: The applicant must provide an affidavit verifying the accuracy of the statements made in the application. – Character Affidavit: Additionally, the applicant must furnish an affidavit from an Indian citizen attesting to the applicant’s character. This affidavit acts as a testament to the applicant’s reputation and conduct. – Language Declaration: The applicant is required to declare that they possess adequate knowledge of one of the languages specified in the Eighth Schedule to the Constitution of India.  Process for application submission – Submission of Application: Applications are to be submitted electronically by the applicant to the Empowered Committee through the District Level Committee designated by the Central Government. – Acknowledgment: Upon submission, an acknowledgment in Form IX is electronically generated. – Document Verification: The District Level Committee, led by a Designated Officer, verifies the documents submitted along with the application. – Oath of Allegiance: The Designated Officer administers the oath of allegiance specified in the Second Schedule to the Citizenship Act, 1955, to the applicant.  – Renunciation Declaration: Every application includes a declaration by the applicant renouncing their citizenship of their current country, irrevocably and without future claim.

Issues/Challenges

• The legal challenge: The 2019 amendment was challenged before the Supreme Court in 2020 by the Indian Union Muslim League (IUML) and others, on the grounds of discrimination. 
• The right to equality: The challenge to the CAA rests on the ground that it violates Article 14 of the Constitution, which says that “the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India”.
  • The petitioners’ argue that using religion as a qualifier or a filter violates the fundamental right to equality.
• Targeted towards Muslims: The petitioners have argued that the National Register of Citizens (NRC) in Assam to identify illegal immigrants, along with the CAA, will result in the targeting of Muslims.
• Secularism: There is also the larger issue of whether making religion a ground for eligibility for citizenship violates secularism, which is a basic feature of the Constitution.
• Section 6A of The Citizenship Act, 1955 and Assam: Section 6A was introduced in the Citizenship Act after the signing of the Assam Accord in 1985 which determines who is a foreigner in the state of Assam and sets March 24, 1971 as a cut off date which contradicts the cut off date given in the CAA 2019. 
• Widespread protests: The protest in Assam and other northeastern states turned violent over fears that the move will cause a loss of their “political rights, culture and land rights” and motivate further migration from Bangladesh.

Government’s stand

• The government has said that Muslims have been excluded from the group of “persecuted” minorities because Pakistan, Afghanistan, and Bangladesh are Islamic countries where Muslims are in majority. 
• However, it will be tested whether these three countries were picked essentially to keep Muslims out — this is because groups like Tamil Hindus in Sri Lanka, the Rohingya in Myanmar, or minority Muslim sects like Ahmadiyyas and Hazaras are also persecuted minorities in these countries.

What lies ahead?

• The court will have to look into two issues:
  • Whether the special treatment given to the so-called “persecuted minorities” from the three Muslim-majority neighbouring countries only is a reasonable classification under Article 14 for granting citizenship, and 
  • Whether the state is discriminating against Muslims by excluding them.
• The Supreme Court has earlier held that the law has to clear two legal hoops to pass the equality test when it is challenged on the grounds of Article 14.
  • First, any differentiation between groups of persons must be founded on an “intelligible differentia”, and 
  • Second, “that differentia must have a rational nexus to the object sought to be achieved by the Act”.
• The SC can strike down a classification if it is found to be arbitrary. The court recently struck down the electoral bonds scheme on the ground that it was “manifestly arbitrary” — that is, “irrational, capricious or without an adequate determining principle”.

Source: IE

China’s Protest over PM Modi’s Visit to Arunachal

Syllabus: GS3/Internal Security

Context

• India has rejected China’s objection to PM Modi’s visit to Arunachal Pradesh.

About

• China, which claims Arunachal Pradesh as South Tibet, routinely objects to Indian leaders’ visits to the state to highlight its claims. Beijing has also named the area as Zangnan.

China’s Claim Over Arunachal Pradesh

• Arunachal Pradesh known as the North Eastern Frontier Agency (NEFA) until 1972, is the largest state in the northeast and shares international borders with to the north and northwest, Bhutan towards the west and Myanmar to the east.
  • The state is like a protective shield to the northeast. 
• China’s Claims: China claims Arunachal Pradesh as a part of southern Tibet. And while China may lay claim to the entire state, its main interest lies in the district of Tawang, which is in the north-western region of Arunachal and borders Bhutan and Tibet.

• In the 1962 war, Indian troops fought off the Chinese forces in Tawang and Anjaw district of Walong region.

Why Does China Claim Arunachal Pradesh?

• Tawang monastery: Tawang also hosts the Tawang Ganden Namgyal Lhatse (Tawang Monastery), which is the second largest monastery of Tibetan Buddhism in the world. 
  • The monastery was founded by Merag Lodroe Gyamtso in the year 1680-81 to honour the wishes of the fifth Dalai Lama. 
  • China claims that the monastery is evidence that the district once belonged to Tibet. 
  • They cite historical ties between the Tawang monastery and the Lhasa monastery in Tibet to support their claim over Arunachal.

• Cultural connections and China’s anxieties: There are some tribes in the upper Arunachal region which have cultural connections to the people of Tibet. 
  • The Monpa tribal population practices Tibetan Buddhism and are also found in some areas of Tibet. 
  • China fears that the presence of these ethnic groups in Arunachal could at some stage give rise to a pro-democracy Tibetan movement against China. 
• Political significance: When the Dalai Lama escaped Tibet in 1959 amid China crackdown, he entered India through Tawang and stayed in the Tawang monastery for some time which has been a bone of contention between India and China.
• The Bhutan factor: If China gains control of Arunachal, it would mean that the kingdom of Bhutan would have China as its neighbour on both the western and eastern borders.
  • China has already engaged in massive construction of motorable roads to connect strategic points on Bhutan’s western side. 
  • China wants to extend its roads from Doka La to Gamochin, which is under the guard of the Indian army. 
  • China’s efforts to move closer to the Siliguri corridor is a security threat for both India and Bhutan. 
• Arunachal’s strategic location: Arunachal Pradesh is the closest location for India to target China with missiles.
  • Also, Arunachal is the best location for India to deploy a multi-layered air defence system for possible attacks from China. 
  • Thus control over Arunachal will give China a strategic advantage. 
• Water power: China has control over India’s water supply to the northeastern region.
  • For India, the Brahmaputra accounts for nearly 30% of freshwater resources and 40% of total hydro power potential of the country. Almost 50% of the basin of the Brahmaputra is in Chinese territory
  • The Tsangpo river which originates in Tibet flows into The Tsangpo river, which originates in Tibet, flows into India and is called Siang in Arunachal Pradesh before it becomes the Brahmaputra. 
  • China has constructed several dams and can use water as a geo-strategic weapon against India by causing flooding or drought in the region. 

Way Ahead

• Fearing a Chinese threat of “water wars”, India has initiated its biggest hydroelectric project of 11,000 megawatt (MW) in Upper Subansiri in Arunachal Pradesh.
  • The hydro electric projects overdrive in the north-east, and especially in Arunachal Pradesh, which shares its border with China, is seen as a strategic move to counter the potential impact of Chinese flow diversion through the dams it is constructing.
• India’s sovereignty over Arunachal Pradesh is internationally recognised and accepted. 
• India has repeatedly rejected China’s territorial claims over Arunachal Pradesh, asserting that the state is an integral part of the country. 

Source: IE

30 Years of SR Bommai Judgment

Syllabus: GS2/Indian Polity

Context

• The Supreme Court of India delivered the landmark SR Bommai Judgment 30 years ago.

About

• ‘SR Bommai v Union of India’, the Supreme Court interpreted Article 356 of the Constitution, which contains provisions for the imposition of President’s rule in a state.
• Background: S.R. Bommai was the Chief Minister of the Janata Dal government in Karnataka between August 1988 and April 1989.
  • His government was dismissed under Article 356 of the Constitution and President’s Rule was imposed, in what was then a mostly common mode to keep Opposition parties at bay. 
  • SR Bommai went to court against the Governor’s decision to recommend President’s Rule.
• SC Verdict: The SC unanimously held that the President’s proclamation can be subject to judicial reviewon grounds of illegality, malafide, extraneous considerations, abuse of power, or fraud.
  • While the President’s subjective appraisal of the issue cannot be examined, the material relied on for making the decision can be reviewed.

Guidelines Laid by the SC

• Parliamentary Approval: It made Parliamentary approval necessary for imposing President’s rule.
  • Till then, the President can only suspend the state legislature. 
  • If the Parliament does not approve the proclamation within two months, then the government that was dismissed would automatically stand revived.
• Test of Majority: The majority enjoyed by the Council of Ministers shall be tested on the floor of the House.
• Prior Warning: The centre should give a warning to the state and a time period of one week to reply.
• Breakdown of Constitutional Machinery: Article 356 is justified only when there is a breakdown of constitutional machinery and not administrative machinery

Significance of the Judgement: 

• The judgment restricted the arbitrary use of Article 356 and emphasized the principles of federalism and the autonomy of state governments.
• It is considered a crucial decision in upholding the democratic and federal structure of the Indian Constitution. 
• The SR Bommai case has had a lasting impact on Indian politics and has been cited in subsequent cases dealing with similar issues.
• The ruling also drew a redline for centre-state relationships.

Article 356: President’s Rule – President’s Rule is when the state government is suspended and the central government directly administers the state through the office of the governor. – Article 356 of the Constitution of India is based on Section 93 of the Government of India Act, 1935. – Grounds: If the President receives a report from the state’s Governor or otherwise is convinced or satisfied that the state’s situation is such that the state government cannot carry on the governance according to the provisions of the Constitution. 1. Article 365: President’s Rule can be imposed if any state fails to comply with all directions given by the Union on matters it is empowered to. – Approval by Parliament: The imposition of the President’s rule requires the sanction of both the houses of Parliament. – Duration: If approved, it can go on for a period of six months. However, the imposition cannot be extended for more than three years and needs to be brought before the two houses every six months for approval.

Source: PIB

Sweden Becomes Member of NATO

Syllabus: GS2/International Relations

Context

• Sweden has officially become the 32nd member of NATO after completing the accession process in Washington.

North Atlantic Treaty Organization (NATO)

• NATO, also called the North Atlantic Alliance, is an intergovernmental military alliance.
• Headquarters: Brussels, Belgium
• Background: It was established by 12 countries from Europe and North America with the signing of the North Atlantic Treaty (also known as Washington Treaty) in 1949 in Washington, D.C
  • The objective was to provide collective security against the Soviet Union attack in the aftermath of World War II.
• Collective Defense: According to Article 5, NATO works on the principle of collective defense, where an attack on any NATO member is considered an attack on all NATO members.
  • So far, Article 5 has been invoked once – in response to the 9/11 terrorist attacks in the United States in 2001.
• Members: It comprises 32 member states – two North American countries (USA and Canada) and 29 European countries and one eurasian country (Turkey).
  • Finland became the 31st member in 2023.

Criteria for Membership of NATO

• Under NATO’s “open door policy” based on Article 10, membership at present is open to only European nations.
• These countries must fulfill certain criterias such as “a functioning democracy based on a market economy; fair treatment of minorities; a commitment to resolve conflicts peacefully; and making military contribution to NATO operations.
• New members are admitted with the unanimous consent of all members. 

Significance of NATO’S Expansion

• Benefits for Eastern Europe: The enlargement of NATO will help to promote democratic reform and peaceful coexistence between the nations of Europe. 
• Enhanced Collective Defense: The enlargement of NATO strengthens the collective defense capabilities of member states.
• Addressing New Security Concerns: The expansion of NATO allows it to adapt to new security threats such as terrorism, cyber attacks, and hybrid warfare, which require a coordinated and collective response from member states.
• Counterbalancing Russian Influence: NATO expansion serves as a counterbalance to Russian influence in Eastern Europe and the former Soviet space.

Source: AIR

Agni-V Missile Equipped with MIRV Technology

Syllabus: GS3/ Defence and Security 

Context

• India recently successfully tested a new Agni-V missile with MIRV (Multiple Independently Targetable Reentry Vehicle) technology, capable of carrying multiple warheads and striking multiple targets. 

MIRV technology

• MIRV (Multiple Independently Targetable Reentry Vehicle) technology is the capability that allows multiple warheads to be loaded on a single missile delivery system and programmed to hit different targets, thus greatly enhancing the missile’s destructive potential.
• They can all be made to hit the same location too, one after the other, thus ensuring complete annihilation of the target.

• The technology was developed in the 1960s and first deployed in the 1970s by the United States and the then Soviet Union.
• Over the years, France, the United Kingdom, and eventually China have developed this technology. Pakistan too has claimed to have tested an MIRV-equipped missile called Ababeel, first in 2017 and then in 2023.
• The number of warheads that a missile can carry depends on its design, weight, size, range and other parameters. The one that India tested can carry three to four warheads. 
• However, an MIRV-equipped missile has never been used so far in any conflict situation. Arms control advocates argue that MIRV technology incentivises the urge to strike first, thus increasing the risk from nuclear weapons.

Advantages oF MIRV Technology

• Apart from the obvious advantage of inflicting multiple damages with a single strike, MIRV is a sought-after military technology for its ability to penetrate missile defence systems.
• A missile defence system is a network of technologies aimed at detecting, tracking, intercepting and destroying an incoming missile. It’s considered a good safeguard against traditional missiles.
• Another key strategic benefit, especially for countries like India which has a no-first use policy for nuclear weapons, is the capability to cause crippling damage in a response strike. The response strike could be disproportionate, and can thus serve as a deterrence to the enemy.

Agni-V Missile: One Missile, Many Weapons

• The integration of MIRV technology is a long-awaited upgrade for the Agni family of short, medium and intercontinental range ballistic missiles indigenously developed by the DRDO.
• Agni missiles are the main land-based delivery systems for India’s nuclear weapons.
• Developed in the 1990s, the first-generation Agni missiles were deployed in the armed forces in the mid-2000s. 
• Agni-I to Agni-IV missiles have ranges between 700 to 3,500 km and can carry single payloads weighing between 12 and 40 kilotons. 
• Agni-V, the version that has been equipped with MIRV technology, can travel more than 5,000 km, and can potentially enter the intercontinental range as well, considered to be 5,500 km and above.
• Meanwhile, DRDO has also been developing Agni-P missiles, which are modernised versions of the short-range Agni-1 and Agni-2 variety. There was the expectation that it would be integrated with MIRV technology.
• The acquisition of MIRV technology by India was keenly awaited after China developed it in the last decade. With Pakistan also claiming to have tested a missile with this technology, integrating this in Agni missiles had become an imperative. 
• The next generation Agni-VI missile, currently under development, is also expected to be equipped with MIRV.

Source: IE

5th Mass Bleaching of Great Barrier Reef

Context

• Recently, the fifth Mass Bleaching event hit Australia’s Great Barrier Reef in the past eight years.

Coral Reef

• It is an underwater ecosystem characterized by reef-building corals. 
• Reefs are formed of colonies of coral polyps held together by calcium carbonate.
• The coral polyps live in an endosymbiotic relationship with algae. 
• Temperature: 20°C- 35°C; Salinity: Between 27% to 40%. 
• Shallow Water: Coral reefs grow better in shallow water; less than 50 m.
• Great Barrier Reef: Located in the Coral Sea, Australia (World Heritage Site).
• Coral reefs in India: Gulf of Kutch, Gulf of Mannar, Andaman & Nicobar, Lakshadweep Island and Malvan.

What is Coral Bleaching?

• When corals are stressed by changes in conditions such as temperature, light or nutrients, they expel the algae living in their tissue, causing them to turn white, hence bleached.
• However, Corals can survive a bleaching event, but they are under more stress and are subject to mortality.

Factors Causing Mass Bleaching

• Climate change induced warming, El-nino events, less oceanic tides and currents, anthropogenic activities like fishing, pollution and coastal degradation.

Benefits 

• Provide an important ecosystem for underwater life (Marine Ecosystem).
• Contribution to Blue Economy and employment.
• Coral reef systems generate $2.7 trillion in annual economic value through goods and service trade and tourism.
• Basis of Food Chain.
• Guard against incoming storms & Carbon sequestration.
• Medicinal Properties.

Way Ahead

• Limit global average temperature well below 2°C above pre-industrial levels.
• Collaborative efforts are needed to tackle overfishing & marine pollution.
• Steps should be taken in direction of Climate resiliency (Paris agreement,  SDG 8 & 12)
• R & D should be done for heat resistant corals.

Source: DTE