20th February 2025-Current Affairs

1. SC Hearing on Chief Election Commissioner (CEC) Appointment – Polity

Why in News?

• The Supreme Court has agreed to prioritize a hearing on February 19, 2024, regarding petitions challenging the Chief Election Commissioner and Other Election Commissioners Act, 2023.
• This law removes the Chief Justice of India (CJI) from the selection panel for Election Commissioners, increasing the central government’s role in appointments.
• Petitioners argue that this weakens democratic principles and compromises the independence of the Election Commission of India (ECI).

Key Issues and Constitutional Debates

1. Challenge to the 2023 Law

• The Chief Election Commissioner and Other Election Commissioners Act, 2023 modifies the appointment process.
• Exclusion of the Chief Justice of India from the selection panel is being questioned for violating a previous Supreme Court judgment (March 2023).
• Petitioners claim the new law reduces transparency and increases executive influence over the ECI.

2. Opposition and Concerns About Neutrality

• The Congress Party and other opposition groups claim this change increases the risk of government control over election oversight.
• Critics argue the new selection panel (PM, a Union Cabinet Minister, and Leader of Opposition) may favor the ruling party.

3. Constitutional and Legal Aspects

• Article 324 of the Constitution empowers the Election Commission of India (ECI) to oversee elections at all levels.
• Section 7(1) of the 2023 Act defines the new selection committee, removing the CJI from the process.
• Article 141: The Supreme Court will assess whether this Act undermines its authority to issue binding decisions.
• Dilution of Supreme Court Judgment (March 2023 ruling): Petitioners argue the law weakens previous SC decisions protecting Election Commission independence.

Implications

1. Impact on Democracy and Elections

• A weakened ECI may compromise free and fair elections.
• Could lead to potential bias in election management, favoring the ruling party.
• Raises concerns about executive overreach and the separation of powers.

2. Legal and Governance Challenges

• May lead to further judicial intervention and possible constitutional amendments.
• Can set a precedent for government control over other independent institutions.
• Potential need for parliamentary debate and revisions to ensure balance.

Way Forward

1. Restoring Judicial Oversight

• Reinstating the Chief Justice of India in the selection panel could enhance neutrality and reduce political influence.

2. Legislative Safeguards

• A bipartisan and transparent appointment process should be introduced.
• Could involve an independent selection body to maintain electoral fairness.

3. Supreme Court’s Role

• The SC ruling on this matter will set a precedent for the future of democratic institutions in India.
• Any verdict could impact future electoral reforms and executive powers.

Conclusion

The Supreme Court’s decision on the CEC appointment process will have long-term consequences for India’s electoral democracy. The debate centers on judicial independence vs. executive authority, making it a landmark case for governance and constitutional law.

Relevance for Exam

• Polity & Governance: Role of Election Commission, separation of powers, executive control over institutions.
• Constitutional Law: Article 324, Supreme Court’s interpretation of Election Commission independence.
• Current Affairs: Judicial review of government policies affecting democratic processes.

2. Appointment of Gyanesh Kumar as CEC – Key Changes & Controversy – Polity

Why in News?

• Gyanesh Kumar, a former IAS officer, has been appointed as the Chief Election Commissioner (CEC) of India, replacing Rajiv Kumar.
• His appointment follows the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
• The opposition and legal experts have raised concerns regarding the new appointment process and its impact on the independence of the Election Commission.
• The Supreme Court is hearing petitions challenging the 2023 Act, particularly the exclusion of the Chief Justice of India (CJI) from the Selection Committee.

Key Changes in the Appointment Process

1. Previous System of Appointment

• No formal law existed for appointing the CEC and Election Commissioners (ECs).
• The President of India appointed the CEC based on the Prime Minister’s advice.
• Traditionally, the senior-most Election Commissioner was promoted to CEC.

2. New Appointment Process (Under the 2023 Act)

• Two-Stage Selection Process:
  1. Search Committee (led by the Law Minister) shortlists candidates.
  2. Selection Committee finalizes the appointment.
• Composition of Selection Committee:
  • Prime Minister (Chairperson)
  • A Union Cabinet Minister (Nominated by PM)
  • Leader of Opposition (LoP) in Lok Sabha
• Chief Justice of India (CJI) has been removed from the selection panel, raising concerns about executive dominance.

3. Eligibility Criteria Under the 2023 Act

• Candidates must be former Secretaries to the Government of India.
• Must have integrity and experience in election management.
• Cannot be reappointed after serving as CEC or EC.
• Tenure capped at six years.

Controversies & Legal Challenges

1. Opposition’s Objections

• LoP Rahul Gandhi opposed the selection process, calling it biased and demanding a delay until the Supreme Court’s ruling.
• Critics argue that removing the CJI from the Selection Committee makes the Election Commission more prone to executive influence.

2. Supreme Court Case & Legal Scrutiny

• The Supreme Court is reviewing the 2023 Act, particularly its exclusion of the CJI from the selection process.
• The court’s March 2023 ruling had mandated the CJI’s inclusion, ensuring a balanced and independent selection process.
• The current appointment is the first under the new system, and its legality is being questioned.

Implications of the Appointment

1. Impact on the Independence of the Election Commission

• The CEC plays a crucial role in ensuring free and fair elections in India.
• Critics fear that the new process increases government control, potentially affecting the ECI’s neutrality.

2. Constitutional & Legal Challenges

• If the Supreme Court strikes down the 2023 Act, it could impact Gyanesh Kumar’s tenure.
• Raises questions about executive power vs. judicial oversight in constitutional appointments.

3. Future of Electoral Reforms

• The outcome of the Supreme Court’s judgment will set a precedent for future election-related laws and governance.
• May lead to new legislative safeguards for ensuring a transparent selection process.

Way Forward

1. Restoring Balance in the Selection Process

• The CJI’s role in the selection panel could be reinstated to ensure judicial oversight and neutrality.

2. Strengthening the Election Commission’s Autonomy

• Introducing bipartisan legislative reforms to safeguard the independence of the ECI.
• A more transparent and merit-based selection process should be considered.

3. Supreme Court’s Verdict – A Decisive Factor

• The court’s ruling will shape the future of the Election Commission and its independence from executive influence.
• If the law is struck down, the government may need to introduce a new framework for appointments.

Conclusion

The appointment of Gyanesh Kumar as CEC under the new law has sparked a political and legal debate. The exclusion of the CJI from the selection panel has raised concerns about executive overreach, and the Supreme Court’s verdict will be crucial in determining the future independence of the Election Commission.

Relevance for Exam

• Polity & Governance: Role of Election Commission, CEC appointment process, executive vs. judicial powers.
• Constitutional Law: Article 324, Supreme Court’s role in ensuring election integrity.
• Current Affairs: Legal and political impact of CEC appointment controversies.

3. Arbitration and Conciliation Act, 1996 – Key Provisions & Recent Developments – Polity

Why in News?

• A five-judge Constitution Bench of the Supreme Court is reviewing the extent of judicial intervention in arbitral awards under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996.
• The case questions whether courts can modify an arbitral award, which is crucial for maintaining the balance between judicial oversight and arbitration autonomy.

Overview of the Arbitration and Conciliation Act, 1996

• The Act provides a structured framework for Alternative Dispute Resolution (ADR) in India.
• It modernizes and standardizes arbitration laws, ensuring less adversarial, cost-effective, and faster dispute resolution.
• Inspired by the UNCITRAL Model Law, making it compatible with international arbitration standards.

Key Features of the Act

1. Framework for Dispute Resolution

• Provides a two-tiered system:
  • Arbitration: Legally binding process with appointed arbitrators.
  • Conciliation: A more flexible, voluntary process where parties seek mutual settlement.

2. Flexibility in Arbitration

• Parties can choose their own procedural rules and appoint arbitrators based on mutual agreement.

3. Confidentiality

• Arbitration proceedings are confidential, especially useful in business disputes involving sensitive information.

4. Enforceability of Awards

• Arbitration awards are legally binding and can be enforced by courts, ensuring compliance.

5. Judicial Support with Limited Intervention

• Courts have minimal interference, but they can:
  • Appoint arbitrators in case of disputes.
  • Enforce arbitral awards when necessary.
  • Provide interim relief to protect parties’ interests.

Major Provisions of the Act

1. Arbitration Agreement

• A written agreement between parties to resolve disputes through arbitration.

2. Appointment of Arbitrators

• Parties appoint arbitrators independently.
• Courts intervene only when necessary, ensuring self-regulation.

3. Interim Measures (Judicial Assistance Before Arbitration)

• Courts can grant temporary relief to prevent loss of assets before arbitration proceedings begin.

4. Arbitral Proceedings

• Parties can set their own procedural rules or follow institutional guidelines (e.g., SIAC, ICC rules).

5. Arbitral Award (Final Decision of Arbitration)

• Must be:
  • In writing
  • Signed by arbitrators
  • Reasoned (unless parties waive this requirement)

6. Setting Aside Arbitral Awards (Section 34)

• Courts can annul an arbitral award only on limited grounds, such as:
  • Fraud, corruption, or bias
  • Violation of natural justice
  • Party incapacity or invalid agreement

7. Appeals (Section 37)

• Appeals are restricted to specific grounds, ensuring finality and enforcement.

Key Amendments to the Arbitration and Conciliation Act

1. 2015 Amendment

• Introduced strict timelines (arbitration to be completed within 12 months).
• Limited judicial interference, promoting efficiency.

2. 2019 Amendment

• Established the Arbitration Council of India (ACI) to set arbitration standards.
• Mandatory disclosure of conflicts of interest by arbitrators.

3. 2021 Amendment

• Removed automatic stays on arbitral awards, even in cases of fraud or corruption.
• Strengthened enforcement mechanisms, reinforcing India’s pro-arbitration stance.

Recent Supreme Court Debate – Sections 34 & 37

• Issue: Can courts modify an arbitral award, or can they only set it aside?
• Current Law: Courts can only set aside awards (under Section 34) but cannot modify them.
• Debate: Some argue courts should be allowed to correct errors in arbitration awards to prevent unnecessary re-arbitration.

Implications of the Supreme Court’s Ruling

1. Impact on India’s Arbitration Ecosystem

• A ruling expanding court powers could make arbitration less attractive in India.
• A pro-arbitration ruling would enhance India’s reputation as an arbitration hub.

2. Legal Certainty & Investor Confidence

• Businesses prefer final and binding arbitration awards without excessive court intervention.
• Ensuring limited judicial interference is key for foreign investment and ease of doing business.

Way Forward

1. Maintaining Judicial Oversight Without Overreach

• Courts should ensure arbitral integrity but not interfere excessively.

2. Strengthening Institutional Arbitration

• Encouraging institutional arbitration (SIAC, ICC, LCIA) over ad-hoc arbitration.

3. Speedy Enforcement of Awards

• Reducing delays in enforcing arbitral decisions to maintain efficiency.

Conclusion

The Supreme Court’s decision on modifying arbitral awards will have a significant impact on India’s arbitration framework. The Act aims to promote arbitration as a preferred dispute resolution method, but the balance between judicial oversight and arbitration autonomy remains a key issue.

Relevance for Exam

• Polity & Governance: Judicial intervention in arbitration.
• Legal Reforms: Alternative Dispute Resolution (ADR) mechanisms.
• Economy & Business Laws: Impact on India’s business environment and investor confidence.

4. Soil Health Card Scheme – Key Features & Recent Developments – Economy

Why in News?

• The Soil Health Card (SHC) Scheme has completed a decade since its launch in 2015, marking a significant milestone in promoting sustainable agriculture in India.
• The scheme helps state governments issue soil health cards to farmers, providing nutrient status of their soil along with customized fertilizer recommendations.

Overview of the Soil Health Card Scheme

• Launched: 2015 by the Ministry of Agriculture & Farmers Welfare.
• Objective: Improve soil fertility and reduce excessive use of fertilizers through scientific soil testing.
• Target: Ensure every farmer receives a soil health card once every three years.

Key Features of the Scheme

1. Soil Health Parameters Assessed

The Soil Health Card tests for 12 crucial soil parameters, categorized as:

🔹 Macro-Nutrients:

• Nitrogen (N)
• Phosphorus (P)
• Potassium (K)
• Sulfur (S)

🔹 Micro-Nutrients:

• Zinc (Zn)
• Iron (Fe)
• Copper (Cu)
• Manganese (Mn)
• Boron (Bo)

🔹 Physical & Chemical Properties:

• pH Level (Acidity/Basicity of soil)
• Electrical Conductivity (EC) (Salt concentration)
• Organic Carbon (OC) (Soil fertility indicator)

2. Soil Sampling Process

• Samples are collected twice a year – after the Rabi and Kharif crop seasons or when no crop is standing.
• Farmers receive their Soil Health Cards every three years for updated data on soil conditions.

3. Village-Level Soil Testing Labs

• Rural youth and entrepreneurs (including Self-Help Groups, schools, and agricultural universities) can set up soil testing labs to provide local soil analysis.

4. Integration with Rashtriya Krishi Vikas Yojana (RKVY)

• Since 2022-23, the scheme is part of RKVY under the component “Soil Health & Fertility.”

5. Technological Advancements – SHC Mobile App

• A mobile application (SHC Mobile App) helps farmers easily access their soil health reports and monitor fertilizer use.

Benefits of the Soil Health Card Scheme

1. Scientific Nutrient Management

• Provides scientific recommendations for fertilizer use, preventing overuse and imbalance.

2. Enhancing Agricultural Productivity

• Helps farmers improve crop yields by maintaining optimal soil health.

3. Reducing Input Costs for Farmers

• Avoids wastage of expensive fertilizers by optimizing application based on soil needs.

4. Environmental Sustainability

• Reduces soil degradation, fertilizer pollution, and groundwater contamination.

5. Government Support & Nodal Agency

• The Department of Agriculture & Farmers Welfare (DA&FW) oversees implementation, ensuring nationwide outreach.

Challenges & Areas for Improvement

1. Low Awareness Among Farmers

• Many farmers lack awareness about the importance of soil testing and how to use the recommendations effectively.

2. Delays in Soil Testing & Card Distribution

• Some states face delays in collecting and testing soil samples, reducing the scheme’s impact.

3. Need for More Soil Testing Labs

• More village-level soil testing labs are required for faster and wider coverage.

4. Digital Accessibility Issues

• Many farmers lack smartphones/internet access, limiting their use of the SHC Mobile App.

Way Forward

1. Increasing Awareness & Farmer Training

• Government should conduct awareness campaigns on using Soil Health Cards for better crop planning.

2. Expanding Soil Testing Infrastructure

• Establishing more village-level soil testing labs with the help of rural entrepreneurs & SHGs.

3. Strengthening Digital Access

• Providing SMS alerts or paper-based alternatives for farmers who lack smartphone access.

Conclusion

The Soil Health Card Scheme is a landmark initiative for sustainable agriculture, boosting soil productivity, and reducing fertilizer misuse. Improving implementation and expanding outreach will further enhance farmer benefits and environmental sustainability.

Relevance for Exam

• Agriculture & Environment: Soil fertility, sustainable farming practices.
• Government Schemes: Role of RKVY and Soil Health Card Scheme in rural development.
• Economy & Rural Development: Impact on farm productivity & cost reduction.

5. Periodic Labour Force Survey (PLFS) Findings – Key Insights & Implications – Economy

Why in News?

• The latest quarterly report (Oct-Dec FY25) of the Periodic Labour Force Survey (PLFS) reveals that:
  • Urban unemployment rate remains stable at 6.4%, compared to 6.5% in the previous quarter.
  • Labour Force Participation Rate (LFPR) in urban areas has increased from 49.9% to 50.4%.
  • Worker Population Ratio (WPR) also saw improvement, rising from 46.6% to 47.2%.
  • Youth unemployment rate (ages 15-29) increased from 15.8% to 16.1%, highlighting concerns.

Key Terms & Indicators in PLFS

1. Labour Force Participation Rate (LFPR)

• Definition: The percentage of the working-age population (15 years and above) that is either employed or actively seeking work.
• Findings:
  • Overall LFPR (Urban): Increased from 49.9% to 50.4%.
  • Male LFPR: Rose from 74.1% to 75.4%.
  • Female LFPR: Slightly increased from 25.0% to 25.2%.
• Implication: A rising LFPR suggests more people are actively joining the labor market, which can indicate positive economic engagement.

2. Worker Population Ratio (WPR)

• Definition: The percentage of the working-age population that is currently employed.
• Findings:
  • WPR (Urban): Increased from 46.6% to 47.2%, indicating higher employment levels.
• Implication: A rise in WPR suggests improving job opportunities and stronger economic activity.

3. Unemployment Rate (UR)

• Definition: The percentage of people actively seeking jobs but unable to find work.
• Findings:
  • Overall Urban Unemployment: Decreased slightly from 6.5% to 6.4%.
  • Male Unemployment: Remained constant at 5.8%.
  • Female Unemployment: Dropped from 8.6% to 8.1% (a positive trend for women’s employment).
  • Youth Unemployment (Ages 15-29): Increased from 15.8% to 16.1%, signaling concerns about job opportunities for young workers.
• Implication: While overall unemployment is stable, youth unemployment remains high, highlighting challenges in job creation for young job seekers.

What is the Periodic Labour Force Survey (PLFS)?

• Conducted by: National Sample Survey Office (NSSO) since 2017.
• Purpose: Provides quarterly and annual data on:
  • Employment trends
  • Unemployment rates
  • Workforce participation
• Why it matters? Helps the government and policymakers track labor market trends and plan employment policies.

Key Observations & Challenges

1. Rising Labour Force Participation – Positive Sign

• More people entering the workforce reflects economic activity and improved job-seeking behavior.
• Challenge: Need to match workforce growth with job creation.

2. Female Employment – Slow Progress

• Female LFPR increased slightly to 25.2%, showing limited improvement.
• Challenge: Women’s employment rate remains significantly lower than men’s, indicating barriers like societal norms, safety concerns, and skill gaps.

3. Youth Unemployment – Growing Concern

• Unemployment among youth (15-29 years) rose to 16.1%.
• Challenge: Indicates job scarcity for fresh graduates and the mismatch between education and industry demands.

Government Initiatives to Address Employment Issues

1. Skill Development & Entrepreneurship Programs

• PM Kaushal Vikas Yojana (PMKVY): Provides vocational training to improve employability.
• Start-Up India & Stand-Up India: Encourages entrepreneurship and job creation.

2. Support for Women’s Employment

• Beti Bachao, Beti Padhao: Encourages female education, leading to better job opportunities.
• Maternity Benefit Act, 2017: Provides paid maternity leave, supporting women’s workforce participation.

3. Strengthening MSME & Self-Employment

• MUDRA Scheme: Provides loans for small businesses, helping job creation.
• Aatmanirbhar Bharat (Self-Reliant India Initiative): Encourages manufacturing and employment generation.

Way Forward

1. Focus on Job Creation for Youth

• Promoting industry-linked skill training to bridge the skill gap.
• Encouraging internship and apprenticeship programs to provide real-world job experience.

2. Boosting Women’s Workforce Participation

• More women-friendly workplaces, childcare support, and flexible work policies.
• Promoting women entrepreneurs through easy access to credit and training.

3. Strengthening the Formal Job Sector

• Encouraging formal employment with better labor protections.
• Expanding Digital India initiatives to create more IT and technology-based jobs.

Conclusion

The PLFS findings highlight stable unemployment rates but rising labor force participation, especially among males. Women’s employment has improved slightly, but youth unemployment remains a major challenge. Addressing skill gaps, promoting entrepreneurship, and expanding job opportunities will be crucial for sustained economic growth and inclusive employment.

Relevance for Exam

• Economy & Employment: Trends in labor force participation and unemployment.
• Government Schemes: PMKVY, MUDRA, Start-Up India, Aatmanirbhar Bharat.
• Current Affairs: Youth unemployment concerns and policy measures.