• Medimall
  • Medimall

11, 12 & 13 November

Conference of Parties (COP) Overview    
Process of Inclusion in the Scheduled Tribes (ST) List    
Germany and India: Importance for Each Other Trade Relations    
Land Port Authority of India (LPAI)
Indian Migrants to Gulf Countries and the Kafala System    
Appointment of the Chief Justice of India (CJI)    



1. Conference of Parties (COP) Overview
The Conference of the Parties (COP) is the supreme decision-making body of the United Nations Framework Convention on Climate Change (UNFCCC). COP meetings are held annually to evaluate progress on climate action and negotiate new commitments for combating climate change.
Key Recent COP Summits:
1.    UNFCCC COP 27 (Sharm El-Sheikh, Egypt, 2022):
o    Focus: Climate disaster recovery for vulnerable nations.
o    Key Outcome: Establishment of the Loss and Damage Fund to assist developing countries in addressing climate impacts.
o    Significance: This fund marked a historic step in climate finance, recognizing the need for developed nations to support

climate adaptation and resilience in less affluent countries.
2.    UNFCCC COP 28 (Dubai, UAE, 2023):
o    Focus: Transition from fossil fuels to renewable energy.
o    Key Outcome: Commitment to triple renewable energy capacity by 2030, indicating a global shift toward sustainable energy sources.
o    Estimation: Tripling renewable energy will require an estimated
$30 trillion by 2030, according to the International Renewable Energy Association (IRENA).
3.    Upcoming UNFCCC COP 29 (Baku, Azerbaijan, 2024):
o    Focus: Climate finance and the New Collective Quantitative Goal (NCQG).
o    Key Agenda: Discussion on setting a higher annual financial target under the New Collective Quantitative Goal (NCQG), to replace the previous $100 billion pledge by developed nations.
o    Expected Challenges: Negotiations will center on determining an adequate NCQG amount for supporting climate action in developing countries.
New Collective Quantitative Goal (NCQG)
•    Purpose: The NCQG will set a new annual climate finance target from 2025 onwards for developed nations to support mitigation, adaptation, and resilience efforts in vulnerable countries.
•    Replacement: It will replace the unfulfilled $100 billion per year pledge established in 2009, with expectations to set a more substantial and realistic target at COP29.
 

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•    Importance: Access to sufficient climate finance remains a critical barrier for developing countries to implement effective climate strategies and protect against the impacts of climate change.
Financial Needs for Effective Climate Action
•    Current Estimates:
o    UN Climate Change Report (2021): Developing countries need $6 trillion annually until 2030 to meet their climate commitments.
o    Projected Costs:
    Transition to a low-carbon economy could require $4- 6 trillion annually until 2050.
    Combining these efforts, the annual requirement for effective climate action is estimated at $5-7 trillion, which is approximately 5-7% of global GDP.
Prelims Question:
Question: With reference to the New Collective Quantitative Goal (NCQG), consider the following statements:
1.    NCQG aims to replace the $100 billion climate finance commitment established in 2009.
2.    NCQG discussions are expected to conclude at COP28 in Dubai.
3.    The main focus of NCQG is to ensure financial support for renewable energy projects only.
Which of the statements given above is/are correct?
A)    1 only
B)    1 and 2 only
C)    1 and 3 only
D)    1, 2, and 3
Answer: A) 1 only

Mains Question:
Question: Analyze the significance of the New Collective Quantitative Goal (NCQG) in advancing climate action for developing nations. Discuss the challenges involved in mobilizing the required financial resources and the role of developed countries in this context.


2. Process of Inclusion in the Scheduled Tribes (ST) List
The inclusion of a community in the Scheduled Tribes (ST) list follows a multi-step process involving both state and central approvals:
1.    Recommendation from the State Government:
o    The process starts at the state level, where the State government recommends the inclusion of a specific community in the ST list.
o    These recommendations are then forwarded to the Ministry of Tribal Affairs for initial review.
2.    Review by the Registrar General of India (RGI):
o    The Ministry of Tribal Affairs sends the proposal to the Registrar General of India (RGI) to confirm the community's eligibility.
o    The RGI scrutinizes the proposal for authenticity and socio- historical context.
3.    Approval from the National Commission for Scheduled Tribes (NCST):
o    Once the RGI approves, the proposal is forwarded to the National Commission for Scheduled Tribes (NCST).
o    The NCST examines the proposal and grants its approval based on the community's socio-economic

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conditions and historical background.
4.    Cabinet Approval:
o    After NCST approval, the proposal is sent to the Union Cabinet for final review.
o    The Cabinet decides on the inclusion and forwards it for the President's assent.
5.    President’s Assent:
o    The final decision rests with the President of India, as per Article 342 of the Constitution.
o    Upon the President’s assent, the community is officially recognized as a Scheduled Tribe in the relevant state or Union Territory.
Constitutional Provisions Related to Scheduled Tribes (STs) in India
Definition:
•    No explicit definition: The Constitution of India does not directly define Scheduled Tribes.
•    Historical Context: The 1931 Census
classified certain communities as
"backward tribes" in “Excluded” or “Partially Excluded” areas.
•    Government of India Act, 1935: This Act first called for representation of “backward tribes” in provincial assemblies.
Relevant Constitutional Articles and Schedules:
•    Article 366(25):
o    Defines Scheduled Tribes (STs) as those communities deemed under Article 342 to be Scheduled Tribes for constitutional purposes.
•    Article 342:
o    Grants the President of India the authority to specify communities as Scheduled Tribes in any State or Union Territory after consultation

with the Governor of the concerned state.
•    Fifth Schedule:
o    Outlines provisions for the Administration and Control of Scheduled Areas and Scheduled Tribes in states excluding the Sixth Schedule states.
•    Sixth Schedule:
o    Provides for administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram, granting special administrative and legislative autonomy.
Prelims Question
Question: With reference to the process of inclusion in the Scheduled Tribes (ST) list, consider the following statements:
1.    The process begins with a recommendation from the National Commission for Scheduled Tribes (NCST).
2.    The final approval for inclusion in the ST list is given by the Union Cabinet.
3.    The President of India has the authority to specify tribes or tribal communities as Scheduled Tribes under Article 342.
Which of the statements given above is/are correct?
A)    1 only
B)    2 and 3 only
C)    3 only
D)    1, 2, and 3 Answer: C) 3 only Mains Question
Question: Discuss the constitutional provisions related to the inclusion of communities in the Scheduled Tribes (ST) list. What are the key challenges in this process, and how do they impact the welfare of tribal communities in India?

 


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3. Germany and India: Importance for Each Other Trade Relations
•    Germany is India’s largest trading partner in Europe.
•    In FY 2022-23, bilateral trade reached USD 26 billion, reflecting a solid economic relationship.
Foreign Direct Investment (FDI)
•    Germany is the ninth-largest source of FDI for India, with USD 14.37 billion invested from April 2000 to September 2023.
•    As Germany aims to reduce economic reliance on China, India serves as a strategic partner for trade diversification in Asia.
Innovative Collaborations
•    German investments in India focus on sectors like automotive technology and manufacturing, highlighting cooperation in connected and autonomous technologies.
•    These partnerships encourage innovation
and skills development within India.
Market Entry Support
•    Programs like “Make in India
Mittelstand” assist German small and medium enterprises (SMEs) in entering the Indian market, fostering mutual economic growth.
Financial Support
•    Germany supports India’s infrastructure and sustainable development through soft loans and technical assistance.
Free Trade Agreements
•    Both countries support progress toward an India-EU Free Trade Agreement and an Investment Protection Agreement, aiming to strengthen trade and investment flows.
Indian Investments in Germany

•    Over 213 Indian companies operate in Germany, primarily in IT and automotive sectors, showcasing deepening economic interdependence.
Shared Security Concerns
•    Both nations recognize security challenges posed by China in the Indo-Pacific.
•    Germany’s support for arms co- production and defence innovation aligns with India’s goal of reducing dependence on arms imports (e.g., proposed joint development of the P-75I submarine).
Joint Initiatives on Climate
•    The Agenda for Green and Sustainable Development has led to collaborative agreements, especially in green hydrogen and energy security.
People-to-People Connections
•    Germany’s demand for skilled workers aligns with the aspirations of young Indians, creating a potential ‘win-win-win’ for both countries in workforce development.
Challenges in India-Germany Relations Lack of Depth in Partnership
•    Despite being strategic partners since 2000, the India-Germany relationship lacks the depth of the Indo-French partnership.
•    The absence of a Bilateral Investment Treaty (BIT) between India and Germany affects investor confidence and limits deeper economic ties.
Divergence on Democratic Values
•    Germany’s periodic concerns about India’s democratic practices (e.g., comments on political arrests) have caused tensions, leading to resentment in New Delhi.
Divergence on Russia
•    Germany’s disappointment over India’s neutral stance on Russia’s invasion of

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Ukraine has strained perceptions of Germany as a reliable partner.
Limited Defence Cooperation
•    Germany's historical reluctance in engaging in defence cooperation with India remains a barrier to more robust defence relations.
Solutions to Strengthen India-Germany Relations
1.    Enhance Democratic Engagement: Establish a schedule for regular high-level meetings to foster ongoing political dialogue. Expand Track 1.5 dialogue to involve business leaders, academics, and civil society representatives.
2.    Boost Defence Ties: Develop a structured framework for defence cooperation, including co-production agreements, technology transfers, and joint military exercises.
3.    Respect for Sovereignty: Acknowledge and respect India’s sovereignty in its internal affairs to prevent tensions arising from external criticism.
Prelims Question
Question: With reference to India-Germany relations, consider the following statements:
1.    Germany is India’s largest trading partner
in Asia.
2.    Germany is the ninth-largest source of FDI for India.
3.    Both India and Germany are committed to progressing towards an India-EU Free Trade Agreement.
Which of the statements given above is/are correct?
A)    1 and 2 only
B)    2 and 3 only
C)    1 and 3 only
D)    1, 2, and 3
Answer: B) 2 and 3 only
Mains Question

Question: Evaluate the current state of India- Germany relations, highlighting the key areas of cooperation and the challenges that prevent a deeper partnership. Suggest measures that both nations could undertake to enhance their strategic engagement.


4.    Land Port Authority of India (LPAI)
Constitution: The Land Port Authority of India was established under the Land Ports Authority Act, 2010.
Purpose: It was created to develop and manage facilities for cross-border movement of passengers and goods at designated points along India’s international borders.
Mandate
Border Infrastructure: LPAI is tasked with creating, upgrading, maintaining, and managing infrastructure at border points.
Integrated Check Posts (ICPs): It manages several ICPs across India’s borders, ensuring efficient border management.
Composition
Appointments: The Chairperson and Members
are appointed by the Central Government. Tenure: They serve a term of five years from the date of appointment or until they reach 60 years of age, whichever comes first.
Functions
Cross-Border Facilities: LPAI is responsible for developing, sanitizing, and managing facilities for the movement of passengers and goods at designated border points.
Nodal Ministry
Ministry of Home Affairs (MHA) serves as the nodal ministry overseeing LPAI’s operations. Key Points about Petrapole
Largest Land Port in South Asia: Petrapole is the main gateway for India-Bangladesh trade and commerce.
 

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Immigration Hub: It is the eighth-largest immigration port in India, handling movement for 23.5 lakh passengers annually between India and Bangladesh.
Prelims Question
Question: With reference to the Land Port Authority of India (LPAI), consider the following statements:
1.    LPAI was constituted under the Ministry of External Affairs.
2.    The tenure of the Chairperson and Members is five years or until they attain 60 years of age, whichever is earlier.
3.    Petrapole, managed by LPAI, is the largest land port in South Asia.
Which of the statements given above is/are correct?
A)    1 and 2 only
B)    2 and 3 only
C)    1 and 3 only
D)    1, 2, and 3
Answer: B) 2 and 3 only
Mains Question
Question: Discuss the role of the Land Port Authority of India in managing cross-border infrastructure and facilitating trade. Highlight its significance in the context of India-Bangladesh relations, particularly with reference to the Petrapole land port.


5. Indian Migrants to Gulf Countries and the Kafala System
What is the Kafala System?
•    Definition: The Kafala system is a sponsorship system used in several Middle Eastern countries, including Kuwait, to regulate migrant employment.
•    Structure: Under this system, a migrant worker's legal residence and work permits are directly tied to an individual

employer or sponsor, known as the
Kafeel.
•    Employer Control: The sponsor has substantial control over the worker’s employment and residency status, often restricting the worker's ability to change jobs or leave abusive situations without risking deportation.
•    Issues: This structure frequently leads to exploitation and abuse, as workers may have limited recourse to escape unfavorable working conditions.
Status of Indian Workers in Gulf Countries
•    Population: Approximately 8.88 million Indian workers reside in six Gulf Cooperation Council (GCC) nations: UAE, Saudi Arabia, Kuwait, Qatar, Oman, and Bahrain.
•    Community Size: Indians represent the largest expatriate community in the Gulf, making up around 30% of the expatriate workforce.
•    Regional Migration: Kerala has historically been a significant source of migrant labor to the Gulf, though migration from Uttar Pradesh and Bihar has seen a recent increase.
•    Demographics: The workforce mainly includes individuals aged 20 to 40 years, with a rising number of women, particularly in the hospitality sector.
•    Education Levels: Many Indian migrants have minimal formal education or vocational training, with around 70% employed in blue-collar jobs across various sectors.
Challenges and Vulnerabilities Faced by Indian Migrants in the GCC
1.    Dependence on Employers: The Kafala system ties visas to employers, making workers dependent on their sponsors for
 


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basic needs like housing, food, and transportation.
2.    Low Wages: Many workers receive insufficient pay, leading to financial insecurity and challenges in supporting families back home.
3.    Poor Living Conditions: Workers often live in overcrowded and unsafe accommodations, exemplified by incidents like the Mangaf fire.
4.    Limited Rights: GCC states restrict labor organizing, preventing workers from forming unions to advocate for better working conditions.
5.    Family Separation: High minimum salary requirements prevent low-income workers from sponsoring their families, causing prolonged family separation.
6.    Labor Exploitation: Low-skilled workers often face exploitative practices, such as withheld wages, inadequate working conditions, and forced overtime.
7.    Recruitment Abuses: Agents sometimes charge excessive fees or alter contracts, confiscate passports, and impose further restrictions on workers.
8.    Legal Vulnerabilities: Visa restrictions and the Kafala system expose workers to deportation threats, limiting their legal rights and recourse.
9.    Health Risks from Living Conditions: Unsafe and overcrowded accommodations affect workers' physical and mental health.
10.    Data Gaps: A lack of reliable data on migrant conditions limits efforts to address their challenges and improve their quality of life.
Prelims Question
Question: With reference to the Kafala system, consider the following statements:

1.    The Kafala system grants migrant workers in GCC countries the freedom to change jobs at will.
2.    The Kafala system ties a worker's legal residence and work permit to their employer or sponsor.
3.    Under the Kafala system, migrant workers can form labor unions to negotiate for better working conditions.
Which of the statements given above is/are correct?
A)    1 and 3 only
B)    2 only
C)    2 and 3 only
D)    1, 2, and 3 Answer: B) 2 only Mains Question
Question: Critically examine the impact of the Kafala system on Indian migrant workers in Gulf countries. Discuss the main challenges they face and suggest measures India and host nations could take to improve the welfare of these workers.

 

6. Appointment of the Chief Justice of India (CJI)
Recent Update
Justice Sanjiv Khanna was recently sworn in as the 51st Chief Justice of India (CJI), succeeding Justice D.Y. Chandrachud. Justice Khanna has been involved in key rulings, including:
•    Abrogation of Article 370: Part of the bench that upheld the constitutional validity of this move.
•    Electoral Bonds: Struck down the 2018 scheme concerning transparency in political funding.
•    Aligarh Muslim University (AMU): Played a role in the recent judgment regarding
AMU’s minority status.

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•    Electronic Voting Machines (EVMs): Supported the continued use of EVMs, rejecting demands to revert to paper ballots.
Key Provisions Related to CJI Qualifications
To be eligible for appointment as CJI, a person must:
•    Be a citizen of India.
•    Have served as a judge of a High Court (or High Courts in succession) for five years; or
•    Have been an advocate in a High Court (or High Courts in succession) for ten years; or
•    Be a distinguished jurist in the opinion of the President.
Appointment Process
•    The President appoints the CJI under
Article 124(2) of the Constitution.
•    By convention, the senior-most judge of the Supreme Court is appointed as CJI, with seniority determined by their length of service on the Supreme Court.
Roles and Powers of the CJI
•    Master of the Roster: The CJI has the authority to assign cases to specific benches and schedule hearings.
•    Collegium System: The CJI, along with the four senior-most SC judges, is involved in the appointment of SC and High Court judges, as consulted by the President.
•    Appointment of Ad-hoc Judges: Under Article 127, the CJI can appoint ad-hoc SC judges if required.
•    Relocation of SC Seat: With the
President’s approval, the CJI can move the Supreme Court’s seat from Delhi to another location.
Removal Process
•    The CJI can only be removed by the President following an address by

Parliament, which must be supported by a special majority in both Houses (majority of the total membership and at least two- thirds of members present and voting).
Appointment of Chief Justices in Other Democracies
•    United States: The Chief Justice has a life tenure and serves until resignation, retirement, or impeachment.
•    United Kingdom: The Judicial Appointments Commission selects the Lord Chief Justice from the Appeal Court or Supreme Court, with a life tenure but a mandatory retirement age of 75.
Prelims Question
Question: With reference to the appointment of the Chief Justice of India (CJI), consider the following statements:
1.    The CJI is appointed by the Prime Minister of India.
2.    Seniority for the appointment of the CJI is determined by years of service in the Supreme Court.
3.    The CJI has the power to appoint ad-hoc judges to the Supreme Court.
Which of the statements given above is/are correct?
A)    1 only
B)    2 and 3 only
C)    1 and 2 only
D)    1, 2, and 3
Answer: B) 2 and 3 only
Mains Question
Question: Discuss the process and significance of the appointment of the Chief Justice of India (CJI) in the context of judicial independence. Compare the appointment process of the CJI with that of the Chief Justices in other democratic countries, such as the United States and the United Kingdom.
 

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