Content:
- Now, justice
- The issue with delimitation’s population-based process
- Drop the piecemeal ways to social security for workers
Now, justice
Context and Background :
- On November 26, 2008, India witnessed one of its worst terror attacks, commonly known as the 26/11 Mumbai attacks, executed by Lashkar-e-Taiba (LeT), a Pakistan-based terror outfit.
- The attack lasted for four days, leaving 166 people dead and hundreds injured across major locations like Taj Hotel, Leopold Café, CST Station, and Chabad House.
- Ajmal Kasab, one of the 10 attackers, was captured alive, providing key evidence about Pakistan’s role in planning and executing the attack.
- Investigations revealed a complex international network, involving David Headley (a U.S. national of Pakistani origin), who conducted reconnaissance missions for LeT.
- Tahawwur Hussain Rana, a Canadian-American and former Pakistani military officer, was Headley’s childhood friend and accomplice.
- While Headley cooperated with U.S. authorities and received a plea deal (barring extradition to India), Rana was tried and convicted in the U.S. for other terror plots (e.g., Copenhagen attack), but not for 26/11.
- After years of legal and diplomatic efforts, Rana has now been extradited to India, enabling prosecutors to put him on trial for his alleged role in the Mumbai attacks.
Relevance : GS 3(Internal Security)
Practice Question : The extradition of Tahawwur Rana in connection with the 26/11 Mumbai attacks has reignited questions about Pakistan’s complicity and international cooperation in counter-terrorism. Discuss the challenges and opportunities this development presents for India’s internal security architecture and foreign policy. (250 words)
Significance of Extradition
- 17 years after 26/11, Rana’s extradition marks a critical milestone in India’s long quest for justice.
- It validates India’s counter-terror diplomacy, especially bilateral cooperation with the U.S.
- Showcases the tenacity of Indian agencies, particularly the National Investigation Agency (NIA), in pursuing long-term cases involving transnational terrorism.
Profile of Tahawwur Hussain Rana
- Canadian-American citizen and former Pakistan Army doctor.
- Close associate of David Headley, the LeT operative who conducted reconnaissance for the 26/11 attacks.
- Used his immigration business as a cover to facilitate Headley’s travel to India and Denmark.
Previous Legal Proceedings (U.S.)
- Arrested in 2009 in the U.S. for:
- Providing material support to LeT.
- Conspiring to attack the Danish newspaper Jyllands-Posten.
- Convicted for Copenhagen plot, but not convicted for 26/11 due to lack of direct evidence.
- Served part of a 14-year sentence in U.S. prison before extradition.
- His extradition reflects renewed legal and diplomatic pressure by Indian authorities.
Implications for Indian Investigation
- Enables India to try a key accused charge-sheeted in absentia for 26/11.
- Offers a chance to extract crucial intel on:
- Rana’s links with LeT.
- Possible connections with Pakistan’s military and ISI.
- Helps rebuild global focus on Pakistan’s role in orchestrating the attacks.
Unanswered Questions for Indian Prosecutors
- Did Rana maintain active links with Pakistani military or ISI post-attack?
- Can new evidence be surfaced on Pakistan’s institutional complicity in 26/11?
- Why did the U.S. enter into a plea deal with Headley, preventing his extradition to India despite a bilateral treaty?
Comparative Culpability: Rana vs Headley
- David Headley played a more direct and operational role, including visiting India multiple times for reconnaissance.
- The U.S. did not alert Indian intelligence of Headley’s movements even after surveillance—raising strategic and diplomatic concerns.
- Rana, though secondary in operational terms, becomes a proxy for deeper investigations into LeT-Pakistan nexus.
Geopolitical and Diplomatic Angle
- The trial could reignite international pressure on Pakistan to act against:
- Hafiz Saeed (mastermind).
- Other seven LeT commanders indicted in India.
- May offer closure and justice to victims’ families and restore faith in cross-border legal accountability.
Challenges Ahead
- Ensuring a fair, fast, and evidence-backed trial without procedural delays.
- Managing diplomatic friction with Pakistan if trial evidence reveals institutional support.
- Coordinating international legal cooperation to compel Pakistan to extradite other accused or present them for trial.
Conclusion
- Rana’s extradition is not just a legal formality—it is a symbolic and strategic step in India’s counter-terror justice architecture.
- It is an opportunity to:
- Reinvestigate overlooked angles.
- Expose state-sponsored terrorism links.
- Reaffirm India’s resolve in combating transnational terrorism through legal and diplomatic means.
The issue with delimitation’s population-based process
Background & Constitutional Mandate
- Articles 82 & 170 of the Indian Constitution mandate delimitation post every census to:
- Reallocate seats in the Lok Sabha and State Legislative Assemblies.
- Redraw constituency boundaries.
- Delimitation was frozen via the 42nd (1976) and 84th (2001) Constitutional Amendments until 2026 — primarily to not penalize states that had successfully implemented population control.
Relevance : GS 2(Polity ,Constitution )
Practice Question : “The current delimitation process based on population figures risks undermining the federal balance in India. Critically examine this statement in the context of constitutional mandates and regional aspirations.”
(15 marks, 250 words)
Concerns Arising from Population-Based Delimitation
- Disproportionate political power: States with higher fertility rates (mostly in North India) stand to gain more seats post-2026.
- Southern States fear losing political influence despite having better human development outcomes and effective population control.
- This creates a paradox of penalization for good governance.
Data Trends: Seat Allocation and Population Growth
- LS seats increased from 489 in 1952 → 543 in 1977, based on successive censuses.
- Average population per LS seat:
- 1951: 7.3 lakh
- 1977: 10.1 lakh
- 2024: ~27 lakh
- Vidhan Sabha seats increased from 3,283 (1951) → 4,123 (2024).
Key Issues in the Current Debate
- Population as the Sole Criterion:
- Has historically been the simplest and most objective measure.
- Yet, doesn’t factor in geography, administrative convenience, or representation quality.
- Representation vs Representativeness:
- Larger constituencies don’t necessarily mean poorer representation.
- Elected representatives’ functions (debate, questions, committee participation) are not population-sensitive.
- Governance and citizen engagement often occur more effectively at local self-government levels.
- First-Past-The-Post System:
- Representation is based on plurality, not absolute majority.
- Numerical population strength is immaterial to the electoral outcome or quality of representation.
Alternative Approaches and Recommendations
- Moderation via Deflator:
- Introduce a Total Fertility Rate (TFR)-based deflator to adjust population figures in delimitation.
- Prevents rewarding higher population growth unfairly.
- Balanced Formula:
- Combine population with other indicators (e.g., TFR, HDI, governance indices).
- Similar to how the Finance Commission modifies devolution formulae regularly.
Conclusion
Delimitation must strike a balance between democratic representation, federal equity, and incentivization of progressive policies. Any formula should respect the constitutional spirit without creating structural distortions or regional resentment.
Drop the piecemeal ways to social security for workers
Context: India’s Efforts Toward Gig Worker Social Security
- India is working on a central social security scheme for app-based gig workers.
- Features include:
- Health coverage under Ayushman Bharat.
- Universal Account Number to track earnings and enable employer contributions.
- Registration on eShram portal for social welfare access.
- The pension policy acknowledges gig workers often have multiple employers, pushing the traditional employment model’s boundaries.
Relevance :GS 2(Social Issues)
Practice Question : ”India’s approach to labour social security is fragmented, reactive, and exclusionary.” In light of recent developments, critically examine the need for a universal and inclusive social protection framework for informal and gig workers.(250 words)
Structural Weaknesses in Current Social Security Framework
- India has not ratified ILO Convention 102 (1952) on minimum social security standards.
- The Code on Social Security (part of four labour codes) aims for comprehensive coverage but is marred by:
- Ambiguous definitions (e.g., unclear who qualifies as a gig or platform worker).
- Weak protections and diluted obligations for employers.
- Implementation delays and administrative hurdles.
Problems with Welfare Board-Centric Approach
- Overreliance on state-level welfare boards despite proven inefficiency.
- Underspending of collected cess:
- ₹70,744 crore unused in construction worker welfare funds.
- Tamil Nadu CAG report: ₹221.8 crore delay in remittances by 99 local bodies.
- Kerala: Only 5 of 16 boards effective; some had no beneficiaries (2016-17).
- Lack of transparency, accountability, and uniform functioning across states.
Critique of Piecemeal, Reactive Approaches
- Welfare board system responds only when new worker categories emerge (e.g., beedi workers, gig workers).
- Such fragmentation:
- Creates artificial divides (e.g., between gig and domestic workers).
- Leads to inconsistent entitlements and exclusion errors.
- Does not address informality at a systemic level.
- Relying on gig work alone to formalise informal labour is overly optimistic and economically shortsighted.
Need for a Universal, Inclusive Approach
- The future of work will witness more fluid, tech-driven jobs.
- A universal social protection system must:
- Be worker-centric, not employer-centric.
- Combine baseline universal coverage (health, pension, insurance) with targeted support.
- Be portable, interoperable, and accessible across platforms and states.
- The Code on Social Security should be treated as a foundation, not a ceiling.
Way Forward
- Universal, rights-based approach to social protection.
- Focus on integration of data and services (e.g., eShram, Aadhaar, UAN).
- Enable states to innovate while ensuring central oversight and parity.
- Build trust and participation through worker registration drives and awareness campaigns.