News Analysis 08 Sept, 2022

08 Sep, 2022


1. The Rise in Preventive Detention
2. Funding Public Education : Education Emergency
3. India- Japan Ties
4. Dichotomy of Development in the Himalayas

1. The Rise in Preventive Detention.


Theme :Polity and Governance (Constitutional Provisions, Fundamental Rights)




                                                 TABLE OF CONTENT


(b)What is Preventive Detention?

(c)Grounds of Preventive Detention.

(d)Constitutional Safeguards against Preventive Detention.

(e)Exceptions for Preventive Detention.

(f)Points Favoring and Criticizing Preventive Detention.

(g)Important SC Judgements.


Context :
Preventive detentions in 2021 saw a rise by over 23.7% compared with the year before, with over 1.1 lakh people being placed under preventive detention, according to statistics released by the National Crime Records Bureau (NCRB).


What is Preventive Detention?

  • Preventive Detention is the most contentious part of fundamental rights in the Indian constitution.

  • The Article 22 (3) of the Indian constitution provides that if a person is arrested or detained under a law providing for preventive detention, then the protection against arrest and detention under Article 22 (1) and 22 (2) shall not be available.



Grounds of Preventive Detention :

  • Security of state.

  • Maintenance of public order.

  • Maintenance of supplies and essential services and defense.

  • Foreign affairs or security of India.


Constitutional Safeguards against Preventive Detention :

  • Right to be informed on Grounds of arrest

  • Right to consult & be defended by a lawyer

  • Right to produce before the magistrate within 24 hours (excluding travel time)

  • Right to be released after 24 hours unless the magistrate authorizes further detention.


Exceptions for Preventive Detention :

Article 22(3) says that the above safeguards are not available to the following:

  • If the person is at the time being an enemy alien

  • If the person is arrested under certain law made for the purpose of “Preventive Detention”


Points Favoring and Criticizing Preventive Detention :

Criticism :

  • Preventive detention becomes a human rights concern as there have been various incidents of misuse of such laws in India.

  • Preventive detention represents the police power of the State.

  • No other democratic country mentions preventive detention in its constitution and such laws come into effect only under emergency conditions in democratic countries.


Favor :

  • Arbitrary action the State is prevented in India as the areas in the context of which Preventive detention laws can be made are laid down in the 7th Schedule of the Constitution itself.

  • In the Union list – laws for Preventive detention can be enacted only for reasons connected with Defense, Foreign Affairs, or the Security of India.

  • In the Concurrent list – laws for Preventive detention can be enacted only for reasons connected with Security of a State, the Maintenance of Public Order, or the Maintenance of Essential Supplies and Services.


Important SC Judgements : 

  • The SC said the State should not arbitrarily resort to “preventive detention” to deal with all and sundry “law and order” problems, which could be dealt with by the ordinary laws of the country.

  • Preventive detention is a necessary evil only to prevent public disorder. The court must ensure that the facts brought before it directly and inevitably lead to a harm, danger or alarm or feeling of insecurity among the general public or any section thereof at large.

  • Whenever an order under a preventive detention law is challenged, one of the questions the court must ask in deciding its legality is: was the ordinary law of the land sufficient to deal with the situation? If the answer is in the affirmative, the detention order will be illegal.

  • Preventive detention must fall within the four corners of Article 21 (due process of law) read with Article 22 (safeguards against arbitrary arrest and detention) and the statute in question.

  • Mere contravention of law, such as indulging in cheating or criminal breach of trust, certainly affects ‘law and order’, but before it can be said to affect ‘public order’, it must affect the community or the public at large


2. Funding Public Education : Education Emergency


Theme : Issues related to the development of the social sector related to education




                                TABLE OF CONTENT

  1. Context

  2. General Financial Rules of 2017 & Expenditure Drop

  3. Issues of Privatization in Higher Education

  4. Important Recommendations

  5. Need for Public Funding

  6. Way Ahead


Context :
Currently, the government is asking universities to generate their own funds or privatize.


General Financial Rules of 2017 & Expenditure Drop :

  • General Financial Rules of 2017: Encourage all autonomous bodies to maximize the generation of internal resources and attain self-sufficiency

  • Government expenditure (Centre +State on higher education): It dropped from 0.86(zero point eight six)% of GDP in 2010-11 to a measly 0.52(zero point five two)% in 2019-20.


Issues of Privatization in Higher Education :

  • Non-inclusive: Substantial increase in fees and other charges from students.

  • Inequalities: The heavy dependence on privately-managed institutes as a means of education often perpetuates inequality in accessing higher education.

  • Other Aspects: a financial crunch at the university level, a deficit in research opportunities for faculty, poor infrastructure and learning outcomes for students.Most Indian universities and colleges have overcrowded classrooms, poor ventilation and sanitation, and unsatisfactory hostel accommodation.



Important Recommendations :

  • Kothari Commission(precursor to the 1968 policy): Higher education should have been getting at least 2% of GDP.

  • The National Education Policy(NEP) vision:

    • Public education: Promote increased access, equity, and inclusion through a range of measures, including greater opportunities for outstanding public education.

    • Increase in public investment: NEP endorsed a substantial increase in public investment by the Central and State governments to reach 6% of GDP at the earliest.

    • The NEP 2020 envisages enrolment in higher education to be nearly double by 2035.


Need of Public Funding :

  • Appropriate level of public funding is “extremely critical for achieving the high-quality and equitable public education system that is truly needed for India’s future economic, social, cultural, intellectual progress and growth.”

  • Home Minister Amit Shah had said that the public education system is the basis of a vibrant democratic society.


Way Ahead :

  • Universities can also be freed up to utilize other revenue streams such as start-up royalties and advertising.

  • The education system needs an infusion of resources for multiple years and  also a strengthened focus on the needs of the poor and disadvantaged children. 

  • The government, in collaboration with the industrial sector, must invest in continuous skill enhancement and training to bring our teachers on a par with global standards. 

  • Higher education must indeed embrace and keep pace with the advancements in technology. Technology shall become the weapon of Advancing the Education.


3. India- Japan Ties


Theme : Effect of Policies and Politics of Countries on India’s Interests.


GS - 2




  1. Context

  2. India - Japan Relations : Historical Background

  3. Various Dimensions

  4. Resistance to China’s Emerging Unipolarity 

  5. What shall be India’s Way Forward?


Context :
Japan is recasting its national security vision in face of an aggressive China. India must inject strategic content into ties during 2+2 dialogue.


India-Japan Relations : Historical Background

  • The friendship between India and Japan has a long history rooted in spiritual affinity and strong cultural and civilization ties dating back to the visit of Indian monk Bodhisena in 752 AD. The exchange between Japan and India is said to have begun in the 6th century when Buddhism was introduced to Japan.

  • Post Second World War, India did not attend the San Francisco Conference but decided to conclude a separate peace treaty with Japan in 1952 after its sovereignty was fully restored marking a defining moment in the bilateral relations and setting the tone for the future.


   Various Dimensions :

  • Economic Ties: A test of the reliability of Japan as a friend was witnessed in 1991 when Japan was among the few countries that bailed India out of the balance of payment crisis.In recent years, the economic relationship between Japan and India has steadily expanded and deepened. The volume of trade between the two countries has increased. Japan was the 12th largest trading partner for India in 2020.

  • Defense Ties: India-Japan Defense and Security partnership has evolved over the years from bilateral and multilateral exercises including Dharma Guardian and Malabar respectively. And welcoming the participation of Japan for the first time in the MILAN exercise.Tri-Service Exchanges between Japan and India have been institutionalized completing the triad. Coast Guards have had regular annual exchanges since 2006. Including, Japan and India Vision 2025 Special Strategic and Global Partnership - working together for peace and prosperity of the indo-pacific region and the world.

  • Health-Care: In view of the similarities and synergies between the goals and objectives of India's AYUSHMAN Bharat Programme and Japan’s AHWIN, both sides had been consulting with each other to identify projects to build the narrative of AHWIN for AYUSHMAN Bharat.

  • Investment and ODA: India has been the largest recipient of the Japanese Official Development Assistance(ODA) Loan for the past decades. Delhi Metro is one of the most successful examples of Japanese cooperation through the utilization of ODA.India’s Western Dedicated Freight Corridor (DFC) project is funded by a soft loan provided by Japan International Cooperation Agency under Special terms for economic partnership (STEP).Besides, Japan and India had committed to build High-Speed Railways in India by introducing Japan’s Shinkansen System.


Resistance to China’s Emerging Unipolarity :

  • Chinese assertion of power in the oceans is something which brings India and Japan on the same page. The growing congruence of the views is propelling the two countries to take up a closer understanding of strategic issues.

    • Both countries are opposed to the idea of unipolarity being asserted by China time and again.

    • Both of them look forward to making the Indo-pacific multipolar, free, open and inclusive.

  • The QUAD, which includes USA and Australia apart from India and Japan, was initiated with the motive to make Asia multipolar and to challenge the emerging unipolarity due to China’s policies.

  • China does not shy away from making efforts to block the rise of India and Japan, including by stepping up military pressure on them and opposing their UN Security Council’s permanent membership.


What shall be India’s Way Forward?

  • Digital Empowerment of Infrastructure like 5G, Open RAN, Telecom Network Security, submarine cable systems, and Quantum Communications.

  • Strengthening India’s Act East Policy: India has always placed the ‘Indo-Pacific’ at the heart of its engagement with the countries of Southeast and East Asia.

  • India can benefit from Japan's disaster management experience in developing disaster risk reduction policies and measures in disaster-prone areas.

  • By reshaping their Asian strategic landscape, India and Japan have the potential to catalyze their emergence as world powers, and march towards an open and secure Indo-Pacific.

  • Preventing the rise of Hegemony of China & US in the Indo-Pacific.


4. Dichotomy of Development in the Himalayas.


Theme : Important Geophysical phenomena




                           TABLE OF CONTENT

  1. Context

  2. Geo-morphology of Himalayas

  3. Value of Historical Data

  4. Importance of Himalayas


Context :
Developmental activities in the Himalayan Region have caused a huge amount of destruction in the area. This has led to loss of precious archaeological and historical data.



Geo-morphology of Himalayas :

  • Formation of Himalayas: During the Mesozoic era (200 Million years ago), the single continent Pangaea disintegrated into Angaraland and Gondwanaland. At the same time, Tethys sea was formed in the region of current Himalayas. The collision between the Indian and Eurasian plate 65 Million years ago (Mya) caused the formation of Himalayas.

  • Parts of Himalayas: The Himalayas consist of four litho-tectonic mountain ranges:

  1. Trans Himalayas: It was formed first in the Eocene period (65 Million year ago). It is devoid of fossil remains.

  2. Greater Himalayas: The Greater Himalayas were also formed in the Eocene period.

  3. Lesser/Lower Himalaya (Himachal Himalayas): The lesser Himalayas were formed in the Miocene period (45 Mya). They do not contain much fossils, as earlier the area was a shallow sea. It majorly consists of old rocks. The fossils of small animals, existing almost 250 million years ago, have been found in this region.

  4. Outer Himalayas (Shivalik Himalayas): The lesser Himalayas were also formed in the Miocene period. They consist of sedimentary rocks deposited by rivers. Thus, they have abundant fossils of mammals and plants.

  • The evergreen forests were replaced by deciduous plants due to the middle Shivalik. The formation of Middle Shivaliks made the area devoid of rain, which would have been required to sustain the evergreen forest.

  • Extent of Himalayas: The Himalayas are spread across the Union territory of Jammu and Kashmir and Ladakh, as well as the States of Himachal Pradesh, Uttarakhand, Sikkim and Arunachal Pradesh. The offshoot of Himalaya known as Purvanchal Himalayas runs in the North eastern states of Nagaland, Manipur and Mizoram. The process of subduction and compression of Indian and Eurasian plates is still continuing, leading to an increase in the height of Himalayas peaks.

  • Thrust Boundaries: During the formation of Himalayas, almost 10 million years ago, thrust boundaries were formed between Greater Himalayas and the Lesser Himalayas, which is known as Main Central Thrust (MCT). Similarly, Main Boundary Thrust (MBT) lies between lesser Himalayas and Shivalik Himalayas and, Himalayan Front Fault (HFF) lies between Shivalik and Northern Plains of India.


Value of Historical Data :

  • Evolution of Life: Fossils are studied by the Geologists and Scientists to understand the evolution of Life. For e.g., findings of fossils related to a big cat has led scientists to believe that big cats like snow leopards evolved in Asia. Similarly, fossil remains of Palm trees show that once Ladakh region had lush green vegetation and rainfall.

  • Evolution of Himalayas: Geological studies not only provide data of the past but they also shed light on the future evolution of flora and fauna, monsoon and geomorphological changes in Himalayas.

  • Conversion of Forests: At the same time, Lower Shivaliks were earlier Rainforests. However, the evolution of the Middle Himalayas led to cutting off of Rainfall from reaching the Lower Himalayas. Thus, adequate rainfall was not available to sustain the rainforests, which gradually gave way to deciduous forests.

  • History of Monsoons: Again, an example of criticality of Himalayan fossils is the understanding of Monsoons, which has been aided by such fossils. Geologists claim that due to the interpretation of this data, we know that Indian summer monsoons started about 25 million years ago and full-fledged monsoons just 10-15 million years ago. This is gathered from the study of plant fossil leaves existing during the period.

  • Formation of Boundary Thrusts: As illustrated earlier, Main Boundary Thrust and other Thrusts were formed later in the evolution history of Himalayas. However, to understand such geological formations, scientists need to study the layers of rocks existing in the Himalayas. These layers have been damaged due to the construction of Infrastructure in the Himalayas.


Importance of Himalayas :

  • Climate: The Himalayas prevent India from cold Siberian winds. They intercept south-west monsoon winds, which are responsible for rain across the country. Without the Himalayas, India would have been a dry, cold land.

  • Natural resources: The Himalayas are a source of perennial Rivers viz. Indus, Ganga and the Brahmaputra river system. They also provide minerals and Forest Produce for the Economic development of the country. They are the source of soil for the fertile plains of Northern India as well as the region of North East. 

  • Defense, Tourism and Pilgrimage: The Himalayas form a natural boundary with China and Myanmar, thus providing a cover against any adventure by the Foreign militaries. The Doons, Valleys, scenic Hill Stations and Religious Sites attract millions of tourists from India and the world. 

  • Scientific studies: The Himalayas are home to numerous geological, as well as geographical phenomena. The scientists study these phenomena to uncover mysteries of formation of earth, rock system, geomorphology and study recent climate change. For e.g., geologists have criticized the development of infrastructure in Spiti Valley, which has damaged the exposed coral reefs of the Tethys Sea, formed 200 Million years ago.

  • Similarly, imprints depicting movement of a giant scorpion have been covered up by the construction of Roads in the region. As per the geologists, such movements are rare and can be a source of information like the behavior and environment of such organisms.

  • Rapid Infrastructural Development: The Himalayan states have witnessed rapid infrastructural development in recent decades. The construction of Roads, Tunnels, Railway lines, Dams and canals and Defense infrastructure have led to a serious disruption in the geomorphology of Himalayas. Frequent landslides, flash floods, glacial lake bursts and abrupt weather are the result of such human interference.

  • Destruction of Critical Data: Due to these infrastructural developments, many geological sites have been destroyed. These sites could provide clues to crucial data like climate and weather of the Indian subcontinent; time period and process of monsoon; tectonic movement, flora and fauna of India, thus aiding scientific studies.