1) Supreme Court Ruling on Remission Without Application

GS 2: Polity and Governance: SC on prisoner’s rights

Why is it in the news?

• In a significant judgment on prisoners’ rights, the Supreme Court directed states with remission policies to consider the premature release of eligible prisoners even without a formal application.
• This decision, with exceptions for certain categories of convicts, empowers states to grant early release under the Bharatiya Nyaya Suraksha Sanhita, 2023 (BNSS), and the Code of Criminal Procedure, 1973 (CrPC).
• Delivered by a bench of Justices in the case of In Re: Policy Strategy for Grant of Bail, a suo motu case initiated by the court in 2021 to address prison overcrowding, this judgment marks a notable departure from the court’s 2013 rulings, which required a prisoner’s application for remission.

Understanding the Law on Remission

• Remission refers to reducing a convict’s sentence. Section 473 of the BNSS and Section 432 of the CrPC empower state governments to remit sentences “at any time.” States can impose conditions for remission, such as regular reporting to a police officer. If these conditions are violated, the remission can be revoked, and the convict can be re-arrested without a warrant.
• This provision is distinct from the President’s and Governor’s power to remit sentences under Articles 72 and 161 of the Constitution.
• However, Section 475 of the BNSS (formerly Section 433A of the CrPC) restricts the state’s power to remit life sentences. Convicts sentenced for offenses punishable by death cannot be released until they have served at least 14 years of imprisonment.
• The BNSS and CrPC mention that remission begins when a convict applies to the government. However, the Supreme Court has now clarified that this application is not mandatory if the state has an existing remission policy with eligibility conditions.

Supreme Court’s Reasoning

• The court examined two previous judgments—Sangeet and Anr. v. State of Haryana (2013) and Mohinder Singh v. State of Punjab (2013).
• In Sangeet, the court held that remission under Section 432 CrPC could not be granted suo motu, as it only enabled the government to override judicial decisions through a convict’s application. Similarly, in Mohinder Singh, the court ruled that remission could not be granted without an application.
• However, the current judgment noted that prison manuals in many states require prison superintendents to initiate remission proceedings. The court also found that the Sangeet and Mohinder Singh rulings did not consider scenarios where state policies defined eligibility for remission.
• The Sangeet judgment had emphasized the need for an application to prevent discretionary or en masse releases during festive occasions. However, the Supreme Court now held that if states fail to exercise discretion under an existing remission policy, it would be discriminatory and violate Article 14 of the Constitution.

Key Directions from the Supreme Court

• To ensure uniform implementation of the verdict, the Supreme Court directed all states to formulate an exhaustive remission policy within two months if one was not already in place.
• The court also built upon its ruling in Mafabhai Motibhai Sagar v. State of Gujarat (2024), emphasizing that remission conditions must be reasonable.

Key guidelines include:

• Conditions must consider factors like the motive of the crime, criminal background, and public safety.
• The aim should be rehabilitation and ensuring the convict’s criminal tendencies remain in check.
• Conditions must not be oppressive or overly stringent, making remission inaccessible.
• Conditions should be clear, specific, and feasible.
• The court also clarified that minor breaches should not automatically lead to remission cancellation. Each case must be evaluated individually, and convicts must receive notice and an opportunity to respond before cancellation.

Prison Population and Impact of the Verdict

• According to the National Crime Records Bureau (NCRB), as of December 31, 2022, Indian prisons had a 131.4% occupancy rate, with 5,73,220 inmates against a capacity of 4,36,266.
• While the SC’s directive could reduce overcrowding, it primarily benefits convicts, not undertrials, who constitute 75.8% of the prison population.
• Although official data on remission beneficiaries is limited, the Prison Statistics in India Report (2022) provides insights into premature releases. In 2020, 2,321 prisoners were released prematurely, rising slightly to 2,350 in 2021. However, 2022 saw a significant increase, with 5,035 prisoners released under remission policies.

2) The Role of Consumption and Investment in Driving Economic Growth

GS 3: Economy: Stepping up economic growth

Why is it in the news?

• To revive growth, the government must step up investments, particularly in critical sectors, to stimulate private sector confidence and ensure inclusive growth. However, recent Union Budgets have not demonstrated such resolve.
• Instead, policies favour tax concessions and restrained government spending, resulting in a low-growth trajectory driven by middle- and upper-class consumption.

Understanding Economic Growth

• Economic growth depends on two key factors: the supply or production of goods and services and the demand or expenditure for purchasing them. GDP, or gross domestic product, represents the value added through the production process. Both supply and demand must move in sync for stable growth.
• If demand surpasses supply, inflation occurs. Conversely, if supply exceeds demand, unsold inventories pile up, leading to production cuts, job losses, and a further slowdown in demand.

Sources of Demand

Aggregate expenditure in an economy arises from four sources:

• Private Consumption: Expenditures by individuals on food, clothing, mobile phones, and other goods.
• Private Investment: Spending by firms and households on new machinery, factories, and residences.
• Government Expenditure: This includes both consumption (operational expenses like salaries for public servants) and investment (infrastructure and development projects).
• Net Exports: The difference between exports and imports of goods and services.

Investment and Its Multiplier Effect

• Among the demand sources, investment stands out for its strong “multiplier effect.” An investment of ₹100 can increase overall demand and GDP by more than ₹100—for instance, ₹125—with a multiplier of 1.25.
• For example, investing in a new highway network generates income for workers and firms involved in construction. This, in turn, spurs demand in the economy and encourages the growth of new businesses along the highway, further expanding aggregate demand.
• The multiplier effect varies based on the type of investment and the region’s economic condition. For instance, a new railway line has a higher multiplier in an underdeveloped district than in a region with established transport infrastructure.
• Compared to investment, the multiplier effect of consumption is weaker. While higher incomes lead to increased consumption, the reverse is not as effective. Increased consumption does not significantly boost incomes across the economy. Therefore, Keynesian economists regard consumption as a passive component of aggregate demand.

Comparative Experiences of India and China

• In the early 1990s, India and China had nearly equal per capita incomes, both at around 1.5% of the U.S. average. However, by 2023, China’s per capita income had grown to five times India’s level (2.4 times when adjusted for purchasing power). As a proportion of U.S. income levels, China stood at 15%, while India remained at 3% in 2023.
• This disparity primarily results from China’s investment-led growth strategy. Since the 1970s, China’s investment rates have consistently surpassed India’s. In 1992, investment constituted 39.1% of China’s GDP compared to 27.4% in India. The gap narrowed during the early 2000s, with India’s investment rate peaking at 35.8% in 2007.
• However, after the 2007-08 global financial crisis, India’s investment rate declined, while China countered the downturn with significant state-led investments in infrastructure, advanced manufacturing, renewable energy, and artificial intelligence.
• By 2013, China’s investment rate stood at 44.5%, while India’s fell to 31.3%. In 2023, the rates were 41.3% for China and 30.8% for India.

India’s Consumption-Driven Growth

• India’s growth over the past decade has primarily been driven by domestic consumption. In 2023, consumption accounted for 60.3% of India’s GDP, compared to 39.1% in China. This consumption dominance reflects weaknesses in other demand components, including lower investment and government spending.
• Additionally, India’s trade deficit, with imports exceeding exports, further reduces domestic demand.

Challenges of Consumption-Led Growth

• Consumption-driven growth is slower and exacerbates income inequality. Job creation, income growth, and consumption remain limited for many Indians. Furthermore, there has been stagnation in both public and private sector investments in India.
• While household investment, particularly in residential buildings, showed some vitality during the early 2010s, private sector investments remain subdued due to declining “animal spirits,” or business confidence.

3) SC Stays Lokpal Order on HC Judges’ Jurisdiction

GS 2: Polity and Governance: Judicial independence

Why is it in the news?

• The Supreme Court stayed a Lokpal order that brought High Court judges under its jurisdiction, calling the interpretation “very disturbing.” A Special Bench of Justices took suo motu cognisance of the Lokpal’s January 27 order, emphasizing its impact on judicial independence.
• The Bench issued notices to the Centre, Lokpal Registrar, and the complainant, listing the next hearing for March 18. It also ordered the complainant to keep the judge’s identity and complaint details confidential.

Background of the Case

• The case originated from a complaint alleging that an Additional High Court judge had influenced an Additional District Judge and another High Court judge to favour a private company. This company had previously been the judge’s client during their years as an advocate.
• The Lokpal, chaired by former Supreme Court judge Justice A.M. Khanwilkar, treated the High Court judge as a ‘public servant’ under the Lokpal and Lokayuktas Act, 2013, thereby asserting its jurisdiction.

Lokpal’s Justification for Jurisdiction

• The Lokpal claimed jurisdiction based on the historical establishment of High Courts by British Parliamentary Acts, such as the Indian High Courts Act, 1861, and the Government of India Act, 1935.
• It argued that High Courts predated the Constitution, unlike the Supreme Court, which was established by Article 124 of the Constitution.
• The Lokpal further reasoned that Article 214 of the Constitution merely “recognized” the existence of High Courts without establishing them.

Contrasting Approach Toward Supreme Court Judges

• In a separate January 3 order, the Lokpal had ruled out its jurisdiction over Supreme Court judges, including the Chief Justice of India. It explained that the Supreme Court was not a “body” established by an Act of Parliament or controlled by the Central government.
• While Supreme Court judges are defined as ‘public servants’ under the Prevention of Corruption Act, 1988, the Lokpal concluded they were not subject to its jurisdiction.

Legal Interpretation Under Section 14

• The January 27 order argued that High Court judges fell under clause (f) of Section 14(1) of the Lokpal Act, 2013. This clause empowers the Lokpal to investigate any person serving in a body established by an Act of Parliament or funded or controlled by the Central government.
• The Lokpal held that the term “any person” included High Court judges, as they served courts reorganized under Parliamentary Acts. The Lokpal emphasized that the 2013 Act provided no explicit exception for judges of such courts.

Supreme Court’s Observations

• The Supreme Court found the Lokpal’s interpretation problematic, especially since the complaint had been forwarded to the Chief Justice of India for consultation before initiating an inquiry.
• Summing up the apex court’s view, it stated that, “All judges have been appointed under the Constitution,” reinforcing that judicial appointments and accountability remain under constitutional provisions, not Lokpal jurisdiction.

4) I&B Ministry Issues Advisory to OTT Platforms on Obscene Content

GS 2: Polity and Governance: Regulating screening content

Why is it in the news?

• The Union Information and Broadcasting (I&B) Ministry has issued a warning to over-the-top (OTT) streaming platforms, directing them to avoid transmitting “any content that is prohibited by law.”
• The advisory emphasizes the need for age-based classification of content under the Information Technology (Intermediary Liability and Digital Media Ethics Code) Rules, 2021.
• The Ministry urged OTT platforms to implement age-gating requirements for mature content, citing complaints from Members of Parliament (MPs), statutory organizations, and the general public.

IT Rules and Grievance Redressal System

• The IT Rules, 2021, provide detailed guidelines for age-based ratings on Indian streaming platforms like Netflix and Amazon Prime Video. These rules mandate a formal grievance redressal mechanism, structured as a three-tier system:

1) Platform-Level Grievance Redressal: Users can first approach the OTT platform with complaints.

2) Self-Regulatory Body: If unresolved, the complaint moves to an industry-led self-regulatory organization.

3) Inter-Departmental Committee: The final escalation goes to an inter-departmental committee of the Union government.

Supreme Court’s Call for Action

• The advisory follows a recent Supreme Court observation, where a Bench emphasized the need for government action against obscene content on social media platforms. However, the current advisory is limited to online curated content platforms, such as Netflix, and does not extend to user-generated content platforms like YouTube.
• The court made this observation while hearing a case regarding the consolidation of FIRs against a podcaster, who faced backlash for a joke made on the YouTube show India’s Got Latent.

Legal Framework and Penalties

Apart from the IT Rules, the Ministry’s advisory references other laws that prohibit the publication of obscene content, including:

• Indecent Representation of Women (Prohibition) Act, 1986: Prevents the indecent portrayal of women.
• Bharatiya Nyaya Sanhita (BNS), 2023: Contains provisions for penalizing obscene publications.
• Protection of Children from Sexual Offences (POCSO) Act: Safeguards children from explicit content.
• Information Technology (IT) Act, 2000: Penalizes the publication and transmission of obscene or pornographic content.

5) US-Ukraine Mineral Deal: Strategic Interests and Challenges

GS 2: International Relations: US-Ukraine Relations

Why is it in the news?

• US President Donald Trump has accused Ukraine of breaking a mineral resource deal, despite no formal agreement being signed. According to Trump, Ukrainian officials initially agreed during the US Treasury Secretary’s visit to Kyiv but later rejected the proposal, treating the US “rudely.”
• The US had offered access to 50% of Ukraine’s critical mineral resources in exchange for continued support against Russia. While Ukrainian President Volodymyr Zelenskyy remains open to the deal, he is pushing for more favourable terms.

Importance of Ukraine’s Mineral Resources

• Ukraine possesses vast reserves of critical minerals essential for manufacturing advanced technologies, including weapon systems, electric vehicles, electronics, and semiconductors. These minerals are rare, challenging to extract, and highly valuable.
• The US and the West are particularly interested in these resources to counter China’s dominance in the sector. This strategic interest also aligns with Trump’s past efforts, such as his proposal to buy Greenland for its resources.

Types of Critical Minerals

• Two key classifications define Ukraine’s mineral wealth—rare earth elements and critical minerals. Rare earth elements include 17 metals: 15 Lanthanides (atomic numbers 57 to 71), Scandium (21), and Yttrium (39). Critical minerals are defined by their economic importance and limited availability. In 2023, India identified 30 such minerals.
• According to Ukraine’s Ministry of Environmental Protection and Geological Survey, the country holds 22 of the 50 critical materials identified by the US and 25 of the 34 recognized by the EU. Ukraine is particularly competitive in five key minerals: graphite, lithium, titanium, beryllium, and uranium.

US Proposal and Ukraine’s Concerns

• While the specifics of the proposed deal remain undisclosed, Trump’s administration claims Ukraine owes the US $500 billion worth of resources, including minerals, fuel, and infrastructure, for past military assistance.
• This demand far exceeds the $69.2 billion in military aid provided by Washington since 2014, according to the US State Department. The proposal was discussed during the Munich Security Conference, after which Zelenskyy declined to sign an agreement, citing insufficient protection of Ukraine’s interests.
• US officials argued that granting economic stakes, such as mining licenses, would act as a security guarantee, as the US would defend its investments. However, Zelenskyy insists on more concrete military and economic assurances.

Challenges in Implementing the Deal

Trump’s plan faces four significant challenges:

• First, any agreement must comply with Ukrainian laws, as the constitution states that subsoil resources belong to the Ukrainian people.
• Second, there is limited clarity on the exact quantity and quality of these resources, as modern geological surveys are lacking. Much of the available data originates from Soviet-era surveys conducted before Ukraine’s independence in 1991.
• Third, Ukraine already has a strategic partnership with the European Union for raw material extraction, signed in July 2021, months before Russia’s invasion.
• Fourth, a significant portion of Ukraine’s critical minerals lies in Russian-occupied territories. Reuters reports that Russian forces, having seized one-fifth of Ukraine’s land, are now within four miles of the Shevchenko lithium deposit.

Conclusion

• While the US sees Ukraine’s mineral wealth as vital for its strategic and economic interests, multiple legal, logistical, and geopolitical challenges complicate the realization of any such deal.
• Ukraine remains cautious, balancing its need for Western support with safeguarding its resources and sovereignty.

6) Sheikh Al Thani’s Visit: Strengthening India-Qatar Ties

GS 2: International Relations: Enhancing India-Qatar Ties

Why is it in the news?

• The State Visit of Sheikh Tamim bin Hamad Al Thani to India on February 17-18, 2025, coincided with the India-Qatar Joint Business Forum. This forum featured Commerce Ministers from both countries alongside senior stakeholders in finance, energy, infrastructure, and technology.
• The visit followed External Affairs Minister trips to Doha in June and December 2024, as well as during the New Year period. This engagement highlights the critical nature of India-Qatar relations, especially in trade and Middle Eastern geopolitics, where Qatar plays a pivotal role in issues like Gaza and regional stability.

Bilateral Progress Since 2015

• Sheikh Tamim’s last visit to India in March 2015 resulted in an elaborate joint statement emphasizing cooperation across sectors and India’s support for Qatar’s Vision 2030. Since then, India and Qatar have elevated ties while overcoming challenges, both bilateral and regional.
• PM Modi’s visits in 2015 and 2016 focused on addressing issues faced by the Indian diaspora, including concerns about labour abuse and the need for labour law reforms in Qatar.
• One significant challenge was the $1 billion penalty imposed on India’s PetroNet for a contract breach with Qatar’s RasGas. Focused diplomacy led to Qatar waiving the penalty and reducing gas prices for India by nearly 50%.
• More recently, during COP28 in Dubai (December 2023), PM Modi’s meeting with the Amir facilitated the mitigation of death sentences for Indian Navy veterans accused of espionage.
• Seven of the eight veterans were released in February 2024, ahead of the PM’s State Visit to Doha. The Ministry of External Affairs (MEA) reiterated both nations’ commitment to reviewing all aspects of bilateral relations.

Qatar’s Regional Role and the Gulf Crisis

• The Qatar-Arab League diplomatic crisis (2017-2021) saw Saudi Arabia, UAE, Egypt, and Bahrain imposing an air, land, and sea blockade on Qatar. This blockade disrupted India’s efforts to enhance ties with Qatar, where over 800,000 Indians reside.
• Qatar was supplying nearly half of India’s LNG imports at the time. While former Indian Ambassador criticized the Gulf Cooperation Council (GCC) for this move, India maintained a neutral stance, calling for dialogue and peaceful resolution.
• The blockade stemmed largely from Qatar’s ties with Islamist organizations like the Muslim Brotherhood. However, Qatar leveraged the crisis to mediate between states and these groups.
• A prominent example was the Taliban setting up an office in Doha, enabling the 2020 U.S.-Taliban agreement. This platform also facilitated India’s first official outreach to the Taliban in August 2021, where Indian Ambassador met Sher Abbas Stanikzai.

Qatar’s Geopolitical Rise

• Qatar’s long-standing ties with Hamas positioned it as a key mediator in the Gaza conflict. Alongside Egypt, Qatar played a crucial role in brokering the January 2025 ceasefire after 15 months of war. This success elevated Qatar as a diplomatic heavyweight, no longer overshadowed by the UAE and Saudi Arabia.
• Similarly, Qatar’s support for anti-Assad forces in Syria, alongside Turkey, positioned it strategically after Assad’s fall. While other Gulf nations re-embraced Syria in 2023, Qatar emerged as the primary financier for Syria’s transitional administration.
• During the blockade, Qatar diversified its trade by investing in extra-regional partners like India, establishing direct shipping lines to Mundra and Nhava Sheva ports in 2017. It also liberalized its socio-economic structure, offering non-citizens access to free education, healthcare, and select permanent residency rights.

Current Dynamics and Future Prospects

• Despite India’s deepening ties with other GCC nations, its relationship with Qatar focused on safeguarding core interests. This focus excluded Qatar from the India-Middle East Economic Corridor (IMEEC) unveiled in September 2023, drawing subtle criticism from Qatari experts. However, with bilateral issues now settled, there is significant scope for advancing India-Qatar relations.
• India is Qatar’s second-largest trading partner, with bilateral trade reaching $14 billion in 2024. Amid U.S. sanctions on Russian oil, QatarEnergy secured a five-year deal to supply India’s GAIL with 12 LNG cargoes annually.
• Additionally, QatarEnergy and PetroNet signed a 20-year LNG agreement worth $78 billion, saving India around $6 billion despite global oil price fluctuations.

Strategic Partnership and Investment Boost

• During the Amir’s visit, India and Qatar elevated their relationship to a Strategic Partnership—a term previously reserved for India-UAE and India-Saudi ties. This partnership includes trade, energy, investment, security, and regional cooperation.
• Qatar committed to a $10 billion investment in India, with both sides aiming to double bilateral trade to $28 billion by 2030.
• A new Bilateral Investment Treaty (BIT) is under negotiation, with India showing flexibility, as seen in its 2024 BIT with the UAE.
• Institutional linkages are expanding, including MoUs between the Qatari Businessmen Association and the Confederation of Indian Industry, as well as Invest Qatar and Invest India. These partnerships are expected to strengthen bilateral ties and provide resilience against future crises.