1) Addressing Equity Concerns in IPCC Reports

2) Appointment Process for Election Commissioners

3) Kerala to Contest Presidential Assent Withholding for Its Bills

4) Guidelines of the Model Code of Conduct

5) India’s Abstention from UN Vote on Islamophobia Resolution

1. Addressing Equity Concerns in IPCC Reports

In news

A recent study, published on March 4, conducted an analysis of over 500 future emissions scenarios evaluated by the UN Intergovernmental Panel on Climate Change (IPCC) in its latest reports.

Context:

• These scenarios pertain to mitigation strategies such as reducing carbon dioxide emissions from fossil fuel combustion and increasing carbon sequestration through forestry practices.
• The analysis revealed that income, energy consumption, and emissions gaps between developed and developing nations are projected to persist until 2050 across all 556 scenarios.

Understanding IPCC assessment reports:

• The IPCC’s Seventh Assessment Cycle (AR7) comprises three Working Group reports covering physical science, climate adaptation, and mitigation strategies, along with a synthesis report consolidating their findings.
• Additionally, thematic special reports are issued to comprehensively assess climate-related scientific literature.

Assessing future scenarios:

• The IPCC utilizes “modeled pathways” to estimate measures necessary to limit global surface warming, employing Integrated Assessment Models (IAMs) that analyze human and earth systems.
• IAMs integrate various disciplines such as macroeconomics, energy, vegetation, and earth systems to provide insights into potential energy, climate, and economic futures.

Key findings of the study:

• The scenarios project persistent disparities in per-capita GDP, consumption patterns, and carbon mitigation efforts between regions.
• Developing nations are expected to bear a greater burden of carbon sequestration and mitigation actions compared to developed countries, which raises concerns about equitable distribution of responsibilities.

Significance of equity:

• Equity principles, including Common but Differentiated Responsibilities (CBDR) outlined in the UN Framework Convention on Climate Change (UNFCCC), emphasize fair and differentiated approaches to climate action.
• However, current IAM scenarios may not adequately reflect these principles, potentially exacerbating global inequalities in climate response efforts.

Proposed measures for addressing equity issues:

To mitigate these disparities, several measures are recommended, including modifying IAMs to prioritize equity considerations, redistributing financial resources and technology transfer to support developing countries’ climate efforts, and enhancing international cooperation on climate policies.

Conclusion:

The study underscores the persistent inequities in climate action between developed and developing nations highlighted in IPCC reports.

Integrating equity considerations into climate strategies is crucial to address historical responsibilities and promote fair burden-sharing among nations.

2) Appointment Process for Election Commissioners

Context:

Recently, Gyanesh Kumar and Sukhbir Singh Sandhu, both retired IAS officers, have been appointed as Election Commissioners (ECs) by the President of India to fill vacancies in the three-member Election Commission of India, in accordance with the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

New Appointment Process:

Under the new law, the selection of the Chief Election Commissioner (CEC) and ECs is conducted by a selection committee, which makes recommendations to the President of India.

The selection committee comprises three members:

1. Prime Minister (Narendra Modi)

2. Union Home Minister (Amit Shah)

3. Leader of the largest party in the Opposition (Adhir Ranjan Chowdhury)

Eligibility Criteria: To qualify for these positions, candidates must have held a post equivalent to the Secretary to the central government. Additionally, they must:

• Demonstrate integrity
• Possess knowledge and experience in managing and conducting elections
• Have served as Secretary (or equivalent) to the government
• Term and Reappointment: Members of the Election Commission serve for six years or until they reach the age of 65, whichever comes first. They are not eligible for reappointment. If an EC is promoted to CEC, the total term may not exceed six years.

3) Kerala to Contest Presidential Assent Withholding for Its Bills

In News:

The Kerala Government’s unprecedented action has sparked a debate on the constitutional limits of Judicial Review regarding the decisions made by the President of India.

Context:

President Droupadi Murmu withheld assent for several bills passed by the Kerala Legislature, including the Kerala University Laws (Amendment No. 2) Bill 2022, University Law Amendment Bill, 2022, and the University Law Amendment Bill, 2021, among others.

Key issues arising from this situation:

• Legal Challenge by Kerala: Kerala intends to legally challenge President Droupadi Murmu’s decision to withhold assent for certain bills passed by the state legislature.
• Scope of Judicial Review: Kerala’s move initiates a constitutional debate on the extent to which the decisions of the President of India can be subject to judicial review. The state contends that the legality and influencing factors behind the President’s decisions can be examined judicially.

The President’s authority to withhold assent to a state bill is grounded in the Constitution of India:

• Constitutional Authority: Article 201 of the Constitution outlines the President’s power to withhold assent to a state bill.
• Procedure: Under Article 200, bills passed by the state legislature are presented to the Governor for assent, who then forwards them to the President for consideration.
• Discretionary Power: The President possesses discretionary authority to either approve or withhold assent to a bill, allowing refusal if deemed necessary.
• Reasons for Withholding Assent: The President may choose to withhold assent for various reasons, including if the bill violates constitutional provisions, conflicts with central legislation, or is against public interest.
• Constitutional Morality: The President’s decision to withhold assent should align with constitutional principles and morality, ensuring that this power is exercised in accordance with the spirit of the Constitution.

Implications of Withholding Assent to a State Bill:

• Legislative Stalemate: Withholding assent effectively halts the bill from becoming law, potentially causing a legislative deadlock, particularly if the bill is crucial for state governance or addresses pressing issues.
• Impact on State Governance: The inability to enact legislation due to withheld assent may hinder state governance and administration, delaying or impeding the implementation of policies and measures intended to address local challenges or meet the needs of residents.
• Constitutional Conflict: Withheld assent may lead to conflicts between the state and Union governments, questioning the division of powers and the President’s authority over state legislation.
• Political Implications: The President’s decision may strain relations between state and central governments, particularly if there are underlying political tensions or ideological differences.
• Legal Challenges: The state government may opt to challenge the President’s decision through legal means, seeking judicial review to assess its legality and constitutionality, especially if perceived as arbitrary or mala fide.

4) Guidelines of the Model Code of Conduct

Source: https://www.eci.gov.in/mcc/

Background:

The Chief Election Commissioner of India has urged all political parties to adhere strictly to the Model Code of Conduct (MCC) ahead of elections, which outlines guidelines for their conduct.

Model Code of Conduct (MCC):

• The MCC, established by the Election Commission of India (ECI), serves as a regulatory framework for political parties and candidates during election periods.
• Its primary aim is to facilitate the EC in overseeing and conducting free and fair elections to Parliament and State Legislatures.

Key Aspects of MCC:

• Operational Duration: The MCC comes into effect upon the announcement of the election schedule and remains applicable until the declaration of results.

Guidelines for Political Parties and Candidates:

• Campaign Conduct: Political parties can critique opponents based on policies and past records but are prohibited from exploiting caste or communal sentiments, spreading unverified allegations, bribing or intimidating voters, etc.
• Polling Booth and Identity: Only authorized individuals can enter polling booths, and party workers must wear identifiable badges. Identity slips should be devoid of any political symbols or candidate names.
• Conduct of Ruling Party: Ministers are barred from combining official duties with election activities or using state resources for electoral gains. Additionally, the ruling party cannot misuse public funds or resources for campaigning.
• Election Manifesto: Manifestos should adhere to constitutional ideals, avoid promises that could unduly influence voters, and provide rationale for proposed initiatives.
• Recent Amendments to MCC: These include regulations on opinion and exit polls, restrictions on unauthorized print media advertisements close to polling days, and limits on government advertisements featuring political figures during elections.

Enforcement and Criticism:

• Legal Status: The MCC lacks statutory backing but is enforced rigorously by the EC, with certain provisions enforceable under other laws like the IPC, CrPC, and RPA.

Critiques of the MCC:

• Ineffectiveness in curbing electoral malpractices like hate speech, fake news, and voter intimidation.
• Challenges in tackling misuse of new technologies and social media.
• Concerns over its non-binding nature, impact on policy decisions, and timing of application.
• Lack of widespread awareness among stakeholders.

Conclusion:

The MCC serves as a vital tool for ensuring fair elections, but its efficacy is subject to various challenges and criticisms, highlighting the need for continuous refinement and public awareness.

5) India’s Abstention from UN Vote on Islamophobia Resolution

Context:

• India’s decision to abstain from voting on a UN General Assembly resolution aimed at addressing Islamophobia has drawn attention, with the country citing concerns about broader issues of religiophobia affecting Hinduism, Buddhism, Sikhism, and other faiths.
• The resolution, tabled by Pakistan and co-sponsored by China on the International Day to Combat Islamophobia, prompted India’s decision to abstain from the vote.

United Nations General Assembly (UNGA):

• Established in 1945 under the UN Charter and headquartered in New York City, the UNGA serves as one of the UN’s six principal organs, primarily responsible for policy-making on global issues outlined in the UN Charter.
• Each of the 193 UN Member States holds an equal vote in the UNGA. Special sessions can be convened by the Secretary-General at the request of either the Security Council or a majority of UN Member States, as per Article 20 of the UN Charter.

Emergency Special Sessions of UNGA:

• These unscheduled meetings provide urgent recommendations on specific issues, authorized by the UN Charter to be held within 24 hours of request, even outside regular sessions.
• Initiation of such sessions requires support from either the Security Council with seven member votes or a majority of UN Members. Since 1950, only 11 emergency special sessions have been held.

Implications:

While resolutions from these sessions lack legal binding, they carry political significance, representing the collective will of the entire UN membership and reflecting global opinion on crises.

Religiophobia:

• Defined as an irrational or obsessive fear or anxiety related to religion, religiophobia encompasses various forms acknowledged in the UN’s global counter-terrorism strategy, including Islamophobia, Christianophobia, and anti-Semitism.
• Emerging contemporary forms of religiophobia, such as anti-Hindu, anti-Buddhist, and anti-Sikh biases, have raised concerns globally.

International Day to Combat Islamophobia:

• In 2022, the UN General Assembly adopted a resolution proposed by Pakistan on behalf of the Organisation of Islamic Cooperation (OIC), designating March 15 as the International Day to Combat Islamophobia.
• This initiative, supported by 57 OIC members and eight other countries including China and Russia, emerged following the 2019 attacks on mosques in Christchurch, New Zealand.

UN Resolution on Measures to Combat Islamophobia:

• Introduced by Pakistan and adopted by the UN General Assembly with 115 nations in favor, none against, and 44 abstentions, including India, Brazil, France, Germany, Italy, Ukraine, and the UK, the resolution focuses on addressing unfair treatment, aggression, or violence towards Muslims and calls for concerted action against such acts.
• It also proposes the appointment of a special envoy by the UN Secretary-General to combat Islamophobia.

India’s Position on the Resolution:

• India highlighted the need to recognize other forms of religiophobia affecting Hinduism, Buddhism, Sikhism, and other faiths, emphasizing that these phobias extend beyond Abrahamic religions.
• The country highlighted incidents of religiophobia, including attacks on religious sites and spreading of hatred against non-Abrahamic religions, and expressed concerns about the resolution potentially setting a precedent for multiple religion-focused resolutions, which could divide the UN along religious lines.
• India urged member states to consider the broader scope of religious discrimination globally, emphasizing the importance of addressing challenges faced by all faiths to avoid perpetuating a sense of exclusion and inequality.