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Indian Judiciary and Central Civil Services and its significance for the UPSC Exam? Why are topics like Carbon Tax, Central Bureau of Investigation (CBI) important for both preliminary and main exams? Discover more insights in the UPSC Exam Notes for May 07, 2025 |
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Critical Topics and Their Significance for the UPSC CSE Examination on May 07, 2025
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How the judiciary maintains accountability?
For Preliminary Examination: Current events of national and international Significance
For Mains Examination: GS II - Indian Polity & Governance
Context:
The recent comments by the Vice-President of India on the role of judges has caused much anxiety and is a matter of serious concern that needs to be analysed properly. It is a well-known fact that with power comes responsibility. The position of the Vice-President is second in the order of precedence in India and therefore, anybody holding such a post needs to be extremely cautious before speaking, as his views might send wrong signals to the people
Read about:
Organisational structure of the Supreme Court of India
Process of appointment of Judges of the Supreme Court of India
Key takeaways:
- Recent remarks made by the Vice-President of India concerning the judiciary's role have sparked considerable unease and warrant a thorough and reasoned analysis. It's a widely acknowledged principle that great authority brings with it a proportionate responsibility.
- As the second-highest constitutional authority in India, the Vice-President holds a position of immense significance, and thus, any statements made in this capacity must be measured, as they can influence public perception.
- Vice-President Jagdeep Dhankhar, responding to the Supreme Court's directives regarding timelines for Presidents and Governors to act on Bills passed by the legislature, criticized the judiciary by suggesting that it behaves like a "super parliament."
- He also asserted that judges are not subject to legal accountability and claimed that judicial directions to the President are inappropriate. However, the term "super parliament" lacks any constitutional relevance.
- Parliament, as the embodiment of the people's will, holds ultimate legislative authority under the framework of popular sovereignty. No institution, including the judiciary, has the right to supersede Parliament’s authority.
- To guard against any misuse of judicial independence, the framers of the Constitution carefully embedded all judicial powers within the Constitution itself. This was affirmed by the Supreme Court in L. Chandra Kumar v. Union of India (1997), where it reiterated that while judicial powers originate from the Constitution, the independence of the judiciary is guaranteed through the principle of separation of powers.
- If judges act arbitrarily or exceed their constitutional boundaries, it would be a serious breach of Article 50, and the Parliament—where the people’s mandate rests—holds the authority to begin proceedings for the removal of such a judge.
- Regarding the Vice-President’s claim that courts cannot direct the President, it’s important to understand the President’s constitutional role. As per Articles 1 and 52, the President is the head of the Indian State, elected under Articles 54 and 55, and symbolizes the Republic of India.
- Additionally, Articles 53(1), 53(2), and 79 outline the President's roles as head of the Executive, the armed forces, and Parliament, respectively. However, the President's actions must align with the principles of popular sovereignty.
- The power to assent to Bills is part of the President's constitutional duty, but undue delay in this regard undermines democratic processes and the authority of the people's representatives. Thus, judicial directions ensuring timely assent are not an attack on presidential dignity, but rather a reinforcement of democratic values.
- The Vice-President's assertion that the law does not apply to judges is unfounded. Such a statement, coming from a top constitutional figure, contradicts the very principle of rule of law, which is rooted in constitutional supremacy.
- Judges operate strictly within the framework of the Constitution. If they transgress those boundaries, they can be subjected to removal for misconduct, which includes constitutional violations. Moreover, Parliament retains the legislative power to nullify judicial decisions by enacting new laws, thereby upholding the principle of people’s sovereignty.
- Lastly, the Constitution empowers the judiciary to scrutinize the actions of the State and its agencies to uphold the rule of law and safeguard citizens’ rights. Article 142 of the Constitution further enables the Supreme Court to deliver complete justice in cases where existing laws or constitutional provisions fall short. In such instances, the Court becomes the ultimate interpreter and guardian of the Constitution
Follow Up Question
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Answer (C)
Statement 1:
Correct. Statement 2:
Correct. |
What are the challenges faced by the civil services?
For Preliminary Examination: Current events of national and international Significance
For Mains Examination: GS II - Beaurocrats, Governance
Context:
On the occasion of Civil Services Day (April 21), Cabinet Secretary T. V. Somanathan IAS, spoke about the importance of civil services in maintaining and strengthening democracy, the need for lateral entrants and greater transparency.
Read about:
Central Civil Services
AIS Conduct Rules, 1968 and CCS Conduct Rules, 1964
Key takeaways:
Merit System vs. Spoils System
- The merit-based system refers to a process of recruiting individuals for public service positions through a rigorous, competitive selection conducted by an impartial body.
- In India, this system was introduced in 1858 with the establishment of the Indian Civil Service under British rule. Following independence, the Union Public Service Commission (UPSC) took over this function, administering exams to ensure that only capable and qualified individuals enter the bureaucracy.
- The aim of this model is to create a professional and politically neutral civil service that can offer objective advice to the government in power.
- On the other hand, the spoils system operates on the belief that those who win political power are entitled to distribute government positions to their loyal supporters. This practice has its origins in the United States and remained widespread until the Pendleton Civil Service Reform Act of 1883 replaced much of it with merit-based recruitment.
Functions of the Civil Services
- India’s civil services have played a pivotal role in upholding democratic governance. According to the Cabinet Secretary, they have ensured the smooth execution of free and fair elections, as well as seamless power transitions at both the Union and State levels.
- Even during periods when a State is under President’s Rule, civil servants have ensured the continuity of administration.
- On the developmental front, civil servants act as custodians of institutional knowledge. They assist governments by offering expert policy advice and are also tasked with executing and overseeing the implementation of government programmes.
- Their work includes policy formulation, enforcement of laws and regulations, and the delivery of public services such as relief operations and essential welfare schemes
Challenges Facing the Civil Services
Despite their importance, the civil services face several critical issues:
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Decline in neutrality: Increasing political interference has compromised the independence of bureaucrats, particularly in matters like transfers and postings.
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Lack of specialization: Many career bureaucrats are generalists and may not possess the technical expertise required to tackle complex, sector-specific challenges.
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Corruption: Instances of corruption persist at various levels within the bureaucracy, with many such cases going unaddressed or unpunished
Need for Reform
To improve efficiency and restore the credibility of civil services, several reforms are necessary:
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While elected leaders must be respected in a democracy, it is equally vital to shield civil servants from excessive political pressure to preserve constitutional values and uphold the rule of law.
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Bureaucrats must be granted greater autonomy in matters of postings, tenures, and transfers, ensuring their functional independence.
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There should be a shift from a procedure-driven mindset to a results-oriented approach, with performance assessments focusing on outcomes rather than just expenditures or outputs.
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Hiring subject-matter specialists through lateral entry, particularly at senior levels, can bring in technical expertise and fresh perspectives
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Answer (A)
The Central Vigilance Commission (CVC) was established in 1964 following the recommendations of the Santhanam Committee on Prevention of Corruption.
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India-UK Trade Deal and the Rebalancing Clause
- An important provision known as the "rebalancing mechanism" has been included in the general exceptions section of the draft trade agreement between India and the United Kingdom.
- This clause gives India the right to seek compensation if it incurs losses and protects it from any potential legal challenges that the UK might bring before the World Trade Organization (WTO), as per a government source.
- In international trade pacts such as the General Agreement on Tariffs and Trade (GATT), the general exceptions chapter allows countries to implement measures that might otherwise breach trade norms—so long as they can be justified for reasons like safeguarding public health or the environment, in accordance with WTO rules
Carbon Pricing and the Carbon Border Adjustment Mechanism (CBAM)
- According to the World Bank, a carbon tax assigns a direct price to carbon emissions, typically by taxing fossil fuels based on their carbon content. This is one form of carbon pricing, with the other being Emissions Trading Systems (ETS).
- The European Union introduced a variant of carbon pricing—the Carbon Border Adjustment Mechanism (CBAM)—in 2021. It applies an emissions-based tax on imported goods. For example, if imported steel is produced with higher emissions than EU standards, it attracts a carbon levy.
- The aim of CBAM is to uphold strict environmental regulations within the EU without making European industries less competitive. It also discourages industries from relocating production to countries with laxer emission standards, a phenomenon known as "carbon leakage." Through this, the EU hopes to contribute meaningfully to reducing global carbon emissions.
- However, CBAM is seen as detrimental to developing economies like India and China. These nations argue that the mechanism disregards the principle of "Common But Differentiated Responsibilities" (CBDR), which acknowledges that developed and developing countries have different capacities and historical responsibilities in tackling climate change.
- CBAM’s implementation begins in January 2026, with a transition phase that started on October 1, 2023, requiring exporters to report emissions data to EU regulators. This is crucial for India, as the EU accounts for more than 15% of India’s total merchandise exports, which stood at $75 billion in 2022–23.
- India’s Finance Minister Nirmala Sitharaman and Commerce Minister Piyush Goyal have publicly criticized CBAM, calling it an unjust measure and a violation of the CBDR principle embedded in international climate negotiations
India’s Response: The Carbon Credit Trading Scheme (CCTS)
To address emissions in a manner tailored to its development needs, India has introduced the Carbon Credit Trading Scheme (CCTS). Unlike the emission trading systems in developed countries which focus on absolute reductions, India’s approach emphasizes emission intensity reductions suited to a growing economy.
Launched in 2023, the CCTS seeks to establish a market for trading carbon credits, aimed at lowering emissions in high-energy sectors and aiding India’s commitment to the Paris Agreement of 2015. Although the scheme is not fully operational yet, the Ministry of Environment, Forest and Climate Change released the Draft Greenhouse Gases Emissions Intensity (GEI) Target Rules, 2025, on April 16, to build a compliance framework for the CCTS.
As clarified in Parliament in December 2023, the CCTS operates under two mechanisms:
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A compliance mechanism: Obligated entities that meet required emission intensity targets receive Carbon Credit Certificates.
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An offset mechanism: Entities not bound by obligations can register emission-reduction or removal projects to earn similar certificates
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Answer (A)
The Social Cost of Carbon (SCC) is an estimate, usually in monetary terms, of the economic damages associated with emitting one additional tonne of carbon dioxide into the atmosphere in a given year. It includes effects such as:
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• As per the Delhi Special Police Establishment Act, the Director of the Central Bureau of Investigation (CBI) is appointed by the central government for a fixed tenure of two years, based on the recommendation of a high-level committee comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India. This mechanism is designed to promote transparency and protect the CBI from political pressures.
• The CBI, which serves as India’s leading investigative body, is responsible for handling high-profile investigations, usually entrusted to it by the central government, state governments, or judicial bodies.
• The appointment procedure for the CBI Director was shaped by the Supreme Court’s 1997 Vineet Narain judgment, and later incorporated into the Delhi Special Police Establishment Act, 1946 through amendments brought by the Lokpal and Lokayuktas Act, 2013. The selection committee — comprising the Prime Minister, Leader of the Opposition, and the Chief Justice — recently met at the Prime Minister’s Office to evaluate candidates for the position. Despite considering several senior IPS officers, the panel could not reach a consensus. Consequently, it was agreed to extend the tenure of Praveen Sood by one more year.
• The decision comes as Sood’s original two-year term nears its end on May 25.
• Praveen Sood, a 1986-batch IPS officer from the Karnataka cadre, previously served as the Director General of Police (DGP) in the state before being appointed as CBI Director on May 25, 2023. Throughout his career, he has held key positions such as Superintendent of Police in Bellary and Raichur, Additional Commissioner of Police (Traffic) in Bengaluru, and Commissioner of Police in both Mysuru and Bengaluru. His experience also includes roles as ADGP, Principal Secretary (Home), DGP (Internal Security), and DGP (CID). In addition, he served as an advisor to the Government of Mauritius
Follow Up Question
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Answer (A)
The Central Bureau of Investigation (CBI) derives its powers from the Delhi Special Police Establishment Act, 1946, and it falls under the domain of the Union List in the Seventh Schedule of the Constitution of India. Specifically, "Central Bureau of Intelligence and Investigation" is mentioned under Entry 8 of List I (Union List)
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• The Biotechnology Research and Innovation Council (BRIC) has launched the ‘One Day One Genome’ initiative to spotlight India’s vast microbial diversity. Under this programme, one fully annotated microbial genome will be made publicly available each day, aiming to improve access to genomic data for researchers and provide tangible benefits to society.
• This daily release will feature unique characteristics of individual microbes and their genetic profiles. By doing so, it seeks to extend the advantages of advanced genomic technologies to the public and support innovation in sectors like environment, agriculture, and healthcare. The initiative is being overseen by BRIC-National Institute of Biomedical Genomics (NIBMG).
• The programme was officially announced on November 9, 2024, in New Delhi, marking the first foundation day of BRIC, an autonomous institution under the Department of Biotechnology (DBT), Ministry of Science and Technology. It aims to democratize access to genomic research among scientists, students, and the wider public.
• BRIC-NIBMG, located in West Bengal, leads the mission and curates bacterial genome data from 13 BRIC institutions, along with the International Centre for Genetic Engineering and Biotechnology (ICGEB) in New Delhi and the Regional Centre for Biotechnology (RCB) in Faridabad.
• Each day, the BRIC-NIBMG team processes and releases a complete bacterial genome with visual summaries, annotations, and graphical representations via their website. These releases are promoted through social media to engage students and the public, raising awareness about the importance and potential of bacterial genomics.
• Indian researchers have been compiling genomic data on native microbial strains for years. This initiative now brings that data to the forefront by highlighting distinct bacterial species native to India and underscoring their vital roles in ecological balance, agriculture, and public health.
Follow Up Question
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Answer (D)
Genome sequencing is a powerful tool in agricultural biotechnology with several applications:
Thus, all three statements are correct |
What are the key objectives of caste count?
For Preliminary Examination: Current events of national and international Significance
For Mains Examination: GS II - Indian Polity & Governance
Context:
The Union Cabinet has decided that the next Census will include questions on caste to its enumeration of India’s population, for the first time in almost a century. The decision, a reversal of the ruling Bharatiya Janata Party’s (BJP) stance so far, comes ahead of the crucial Bihar elections, and throws up myriad challenges.
Read about:
Caste Census
Benefits of Caste census
Key takeaways:
Has India Ever Collected Caste Data?
- Yes, caste has been part of population enumeration in India in the past. When the British began the decennial census in 1881, caste details were included. For the next fifty years, this data was regularly collected, with the 1931 Census being the last time caste-wise information was officially published.
- That census documented 4,147 distinct castes and sub-castes. Although the 1941 Census also gathered such data, it was never made public, likely due to disruptions caused by World War II. After gaining Independence, India chose to omit caste-based data from the census, restricting its scope to include only Scheduled Castes (SCs) and Scheduled Tribes (STs).
- J.H. Hutton, Census Commissioner for the 1931 census, argued against the notion that collecting caste or religion data would intensify social divisions. He emphasized the need for the census to reflect societal realities, not avoid them.
- While he rejected older British efforts to classify castes in a ranked hierarchy, he opted to categorise them based on occupation. However, this approach overlooked the complexity and evolving nature of caste identities across regions and over time.
- Interestingly, this very 1931 data later became the foundation for reservation policies, including the Mandal Commission's recommendation of a 27% quota for OBCs, based on the census finding that 52% of India’s population fell under the Other Backward Classes category.
- In 2011, the Ministry of Rural Development initiated a Socio-Economic and Caste Census (SECC), intended to guide policy decisions and welfare schemes. Though partial data was released in 2016, raw caste-wise population figures were not disclosed. Because the caste field was left open-ended, respondents often entered surnames rather than standardized caste names, resulting in the enumeration of over 46 lakh unique caste entries.
Have States Conducted Their Own Caste Surveys?
- Yes, several Indian states have taken the initiative to conduct state-level caste surveys. In 2023, Bihar completed a caste survey under Chief Minister Nitish Kumar, revealing that OBCs and EBCs together made up over 63% of the state's population. This led to renewed demands for greater political and social representation for these communities.
- In Telangana, the Congress Party fulfilled its pre-election promise by conducting a caste survey in 2024, which showed that Backward Classes constituted over 56% of the population. Meanwhile, Karnataka had begun its own caste survey in 2015, during CM Siddaramaiah’s earlier tenure, but the results were only released ten years later, indicating that nearly 70% of the population fell under the OBC category.
How Might This Data Be Used?
- While caste data can certainly support academic research and public policy, its primary political and social implication lies in how it might influence reservation and affirmative action policies. The existing 27% OBC quota is based on projections from the outdated 1931 census. Fresh data could significantly reshape this framework.
- For example, in Karnataka, following the revelation that the OBC population is much larger than earlier believed, there are calls to raise their reservation quota from 32% to 51%. Such developments could lead to challenges to the Supreme Court-imposed 50% ceiling on total reservation, as demands for expanded quotas grow louder across states
Follow Up Question
1.Consider the following statements about Particularly Vulnerable Tribal Groups (PVTGs) in India: (UPSC CSE 2019)
1. PVTGs reside in 18 states and one Union Territory.
2. A stagnant or declining population is one of the criteria for determining PVTG status.
3. There are 95 PVTGs officially notified in the country so far.
4. Irular and Konda Reddi tribes are included in the list of PVTGs.
Which of the statements given above are correct?
(a) 1, 2 and 3
(b) 2, 3 and 4
(c) 1, 2 and 4
(d) 1, 3 and 4
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Answer (c)
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Greenhouse gases (GHGs) are responsible for trapping heat in the Earth's atmosphere, thereby contributing to the greenhouse effect, which leads to a rise in global surface temperatures. The most prevalent GHGs include water vapor, carbon dioxide, methane, nitrous oxide, and ozone. Additionally, synthetic gases like chlorofluorocarbons (CFCs) and hydrochlorofluorocarbons (HCFCs) also fall under this category.
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The term Greenhouse Gas Emissions Intensity (GEI) refers to the quantity of GHGs emitted for every unit of product produced — for instance, the emissions released during the manufacture of one tonne of cement, aluminium, or paper.
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According to the draft Rules, GEI is defined as the emission of GHGs measured in tonnes of carbon dioxide equivalent (tCOâ‚‚e) per unit of output or product. This unit — tCOâ‚‚e — standardizes various greenhouse gases based on their relative warming potential compared to COâ‚‚.
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The Rules outline baseline emissions for the financial year 2023–24, and establish emission reduction targets for 2025–26 and 2026–27. These are part of India's strategy to operationalize its Carbon Credit Trading Scheme, 2023.
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Specific reduction benchmarks and intensity targets have been introduced for energy-intensive industries such as aluminium, chlor-alkali, cement, and pulp and paper. Over a two-year period starting in 2025–26, these regulations will apply to 282 industrial units, including 13 aluminium facilities, 186 cement plants, 53 pulp and paper mills, and 30 chlor-alkali units.
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Prominent companies subject to these targets include Vedanta, Hindalco, Bharat Aluminium, JSW Cement, Ultratech, Nalco, JK Cement, Dalmia Cement, Shree Cement, Grasim Industries, and JK Paper. The Rules also prescribe the compliance framework and impose penalties for non-compliance
(a) The carbon credit system was ratified in conjunction with the Kyoto Protocol
(b) Carbon credits are awarded to countries or groups that have reduced greenhouse gases below their emission quota
(c) The goal of the carbon credit system is to limit the increase of carbon dioxide emission
(d) Carbon credits are traded at a price fixed from time to time by the United Nations Environment Programme
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Answer (d)
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| Subject | Topic | Description |
| Polity | Municipalities | Municipalities |
| Polity | Emergency Provisions | Emergency Provisions |
| History | Medieval History | Harshavardhan |
| Environment | Protected Area | Protected Area |
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