0:45 Hello and welcome to ANA Academy IAS English a one-stop destination for the English medium civil services aspirates. A very good morning and welcome to the daily Hindu news analysis. So let's begin the discussion by first looking at the topics that we are going to discuss from the daily edition of the Hindu. I have chosen a total of 10 important articles. There are five articles that require a detailed analysis and five topics which are relevant for the prelims exam. So let's cover all these topics comprehensively so that you don't have to go back and read the newspaper again. Now before we start I have a couple of important announcements. Tonight at 700 p.m. I will be taking up a special
1:31 session for 2025 prelims as part of our final revision series. I will be taking up the second part of the complete comprehensive discussion on international relations. So today I'll mainly focus on mapping to help you figure out the places that are in news from international relations because UPSC tends to ask a lot of map- based questions. We will also discuss few treaties and conventions and few security related topics which was left from the part one of the session. So do join me live tonight at 7 p.m. without fail as we will discuss these important topics that are relevant for your 2025 prelims. This would be the most easiest comprehensive way for you to prepare for the upcoming exam. And also please note
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3:06 click on the link provided in the video description below. And please join my telegram channel by scanning the QR code because after the session ends, I'll be sharing the PDF over here. So with this, let's get started and look at the first article. On page number seven, we have a column related to artificial intelligence. In fact, there are two articles in today's paper related to AI and its impact. So, first we look at this article which talks about the role of generative AI and how generative AI is disrupting copyright laws. What is the challenge posed by generative AI to the existing copyright laws not just in the country but around the world? So, this is something we'll
3:52 discuss in detail. It's a very interesting topic and you can expect mains questions or even a essay topic related to this. Now if you look at copyright, copyright laws are essentially designed to protect creativity to protect our original work. Any original work which is based on a creative idea can be copyrighted. It could be a book that you have written. It could be a unique recipe that you might have created. A unique art. It could be music. It could be a movie. So any such original work which stems from one's creative expression can
4:37 be copyrighted so that you can protect your work from piracy from any illegal copies which can be created and sold. So in a traditional sense copyright law had a very different meaning and interpretation because see in the last let's say three centuries 3 to four centuries with the advent of technology as technology has advanced it has become easier and easier to make illegal copies of someone's copyrighted work. In fact, the very origin of copyright law goes back to 1710 when the printing press started becoming popular because with the emergence of
5:22 printing press the writings of writers they would be easily printed published and illegal copies would also be made out of it. So this would hurt the public publication or the publisher as well. It would hurt the interest of the writer as well. So with the emergence of printing press and its large scale adoption, copyright law was envisaged to prevent these illegal copies from being made to ensure that the original creator is credited with the work and only they could monetize the original work that they had created. So with emergence of new technology, we saw the emergence of the photocopying machine which all of you popularly
6:08 referred to as the Xerox machine where you would basically take multiple copies at ease and that to with great convenience and at a cheaper cost you could make multiple replicas and copies of any written work, a book or a research publication. They could be easily photocopied with the emergence of these photocopying machines. Then came recording devices, cameras, audio video recording systems through which you could easily record a piece of work and this would not only threaten books and magazines or publications. This would threaten music, movies and any form of original work including artwork which is a result of
6:55 one's creative expression. So recording devices made a big shift in terms of illegal copies being produced and sold. This would significantly hurt the original creators but it would essentially make the work easily accessible to the larger masses. So there has always been a need to strike this balance between protecting one's creative work and protecting their monetary interests as well along with their intellectual property. On the other side, there has been a need to ensure that such forms of work is made easily accessible. So how do you strike this balance? That balance comes through a copyright law. A copyright law will recognize the copyright of the original creator, publisher, right? And it would
7:41 also ensure that there is fair use which is provided. A fair use exception would be given where copies can be made or existing copies can be used by different people. You don't necessarily have to buy the copy or you don't have to invest your money into it. So fair use exception was added into copyright laws. ensure the accessibility mainly for the purposes of education in order to disseminate information which is essential and to use it for educational purposes. Fair use exception was added and you find this in the legal system of the United States. If you look at IP laws in the US, the copyright laws in the US, it does provide for a fair use exception primarily for educational purposes. So
8:27 even a copyrighted work or copyrighted art form can be used in educational systems not just in a traditional classroom but in general for educational purposes it can be made accessible by invoking this exception of fair use. But then came the era of computers the era of internet which has made piracy much much easier. I'm sure many of you would have downloaded pirated movies and songs and games as well, right? Many of you would have downloaded pirated books which are available as these PDFs which are created. Now, each time when you do that, when you access these illegal copies which are copyrighted, you're essentially creating
9:12 a loss for the publisher and the original creator as well. So the copyright law has always faced such challenges with advent of technology. Roughly every 20 years, every two decades with the emergence of new devices and new technologies, copyright law has always faced this challenge where governments need to keep updating the copyright law in order to keep pace with the technological changes that are happening. But today there is a massive disruption which has been caused by artificial intelligence particularly generative AI. It is threatening to disrupt copyright laws and basically it's going to turn this completely upside down because if you look at
9:59 generative AI that is primarily your LLMs large language models such as chat GPT for example they are primarily trained on data large extensive volumes of data and many times this data on which these algorithms are trained it includes copyrighted work. They would be trained on copyrighted work as well. Books which are copyrighted or music or movies or art which is copyrighted would also be used by these algorithms when they are being fed with extensive data to train these models. Now the question is will the original creators be compensated for this? Will these AI tech companies compensate the original creators who hold the
10:45 copyright over their initial artwork? Or will it create a disincentive for future human creativity? Cuz tomorrow if your work is not copyrighted and if you're not going to be monetized for it, if you're not going to be credited for what you're creating, that would create a disincentive. And there is another critical question which comes up. Today AI models are generating their own content. They are creating their own art. They're learning from existing data, existing models and they are able to generate unique content as well. Now will we apply copyright laws to the machine created artwork, the machine created content? Let's say Chad
11:31 GPT is able to write a book. Would you provide copyright to a machine generated book? How do you distinguish between human creativity and machine creativity? So these are some critical questions which are coming up in front of policy makers, lawmakers and governments. So if you look at the copyright laws in the US as I said there is the option of fair use. It's an exception which is provided where on exceptional grounds for educational purposes primarily you can ensure that copyrighted work can be used can be provided and this allows for better innovation as well because please understand today AI models are effective they are doing phenomenal breakthroughs
12:17 primarily because they have been able to access most of the data that was available which included copyrighted work but Tomorrow if there is a copyright law in the country which will restrict AI models from accessing copyrighted work then that will disadvantage the AI tools which are going to be built in the future the AI tools may not be as efficient and as effective as the generative AI tools that you have today which have been trained on copyrighted works as well and also would you apply these restrictions let's say tomorrow copyright restrictions are brought in would this apply for the previous models as well. Would you apply this in a retrospective manner? There are many AI tools which have already been trained and developed using copyrighted work.
13:03 But tomorrow if you bring this restriction only for future AI models, then you are going to create a discrimination. So those big companies, the big tech companies like open AI and others who have already built their generative AI models, they will be at a unique advantage. Whereas the smaller AI companies which are just coming up or the future AI companies which will come up in the next few years, they will face a severe restriction. They may not have big pockets like companies such as Meta or Google or Open AI. They may not be able to access copyrighted content. They may not be able to train their models the best possible manner. So with regard to competition as well in the AI industry, you will end up creating a uneven playing field.
13:50 Because see any law should provide a fair level playing field for everyone for all the competitors that is how you can encourage and sustain competition. So these are some key legal questions ethical questions which are coming up. In India there are already litigations going on in this regard. For example uh ANI the Asian News International with the Federation of Indian Publishers. They've already filed a case against open AI at the Delhi High Court raising copyright issues. They have basically pointed out how Chat GPT is relying on content created by journalists in India or the media and press in the country and using it for generating AI content and these publishers are not being credited for
14:36 it. Though the source is mentioned, they won't be able to monetize it. They won't be compensated for it. So they are the original creators of this content. So this matter is now being heard by the Delhi High Court. That's why understanding how generative AI can impact copyright laws and the very landscape of intellectual property is very very important. Just appreciating these concerns, these challenges is something that you should develop. So on one hand creators might be disincentivized if they are not compensated and credited. At the same time, if you restrict all copyrighted work, the AI tools, especially the AI tools that will be developed in the coming years, they will not be as effective and efficient. So those companies which have already developed their large language models, they will
15:23 be at a unique advantage if you don't apply this retrospectively and it'll create uneven playing field for those who are going to develop these models in the coming years. Big companies with enough big pockets will be able to access copyrighted work. But smaller companies with who don't have such big pockets, they will end up suffering. And more importantly, if copyrighted work is essentially not allowed for usage for training these algorithms, these tools may not be as effective and efficient as they are currently. So we want to tap the full potential of AI as well, right? transform the future economy. We need efficient AI models that we can fully tap the potential and you can fully tap the potential only
16:09 when these models are trained on the best data that is available. So how will you define the exceptions? On what grounds will you create a fair use exception? Because in India we don't have the fair use exception. In India we have a very different kind of exception compared to the American legal system. In India, there is a enumerated approach which is followed when it comes to copyright laws where each and every exception is explicitly defined. In the US, it's a very broad exemption which is given by citing that you're using copyrighted work for educational purposes for training. You can get an exemption from copyright laws and that helps in better innovation. But in India, it's slightly restrictive. The fair use application in
16:55 India, it's not very broad. It's very narrow. The exemptions are clearly defined giving more rights to the publishers to the creators. Now, tomorrow what if the publishers and creators decide to monopolize the rights they have and not allow access to genuine users or limit the access to the users. So that will restrict the flow of information. It will rest restrict access to educational information as well. So this raises some very important legal questions in the intellectual property landscape. Now please understand that an idea cannot be copyrighted. Just an idea can't be copyrighted. For example, let's
17:41 say I have a idea to make certain YouTube videos. Now anybody can work on that idea. Or let's say I want to write a spy novel. Right? This idea itself is not unique. Anybody can write a spy novel or anybody can let's say plan a certain content for their social media platforms. The very idea cannot be copyrighted. Idea of a work cannot be copyrighted. It is the creative expression under the idea which can be copyrighted. This is a fundamental difference that exists when it comes to copyright laws. Now let's say I came out with some unique recipe or I created a song right if it is a unique creative expression of that individual that is something you
18:27 can copyright now can you go and copyright the very aspect of making songs anybody can make a song right let's say you got an idea to make a certain type of song using certain type of instruments that alone is not enough to be copyrighted right anyone else can do that as well but if you're able to bring out some unique work out of it through your creativity through your expression. It is that work of creative expression which can be copyrighted. So based on this fundamental aspect of copyright laws, it is very important to ensure that we allow access to copyrighted work in order to train generative AI algorithms. Access has to be provided but it has to be regulated. There has to be a fair level playing field for big AI companies
19:13 and small AI companies. There should be a fair application. You can't just apply it for future AI models. It should be applied retrospectively as well. And define the exemption. It shouldn't be too broad or it shouldn't be too narrow. You shouldn't give too much powers to publishers and creators. At the same time, you shouldn't give too much powers to AI companies as well. That balance is necessary to maintain the access that we have to information because that is crucial for our awareness, our education, our training. So this is a evolving landscape, a legal landscape and you need to be aware of these dimensions, the different dimensions associated with copyright laws as they are being disrupted by artificial intelligence. I hope this topic is clear. Please take up this practice question. Try to write an
20:00 answer, express your views, try to give some examples that you are aware of. I gave you the example of the ANI case, right? So try to see if you are aware of any other relevant examples any legal issues which are being faced by AI companies. Try to mention that in the answer so that it enriches the answer as well. Please write an answer to this question. Post your answers in the comment section. Now before I start the next article, I have an announcement for 2026 2027 2028 aspirates. If you're someone who needs handholding throughout your preparation, if you're not satisfied with the traditional online classes, then ANACA Academy has launched a dream project an academy platinum. This is a very unique experience with regard to online
20:45 learning. It's a two-way interaction for the students. It's not just the teacher delivering a lecture, right? It's not just a monotonous delivery. There is a two-way interaction where you keep your cameras on, right? Right? Where the teacher can see the student, the teacher can hold the student accountable because many students they fail to attend classes are or they don't concentrate enough in classes. So in platinum there is a two-way interaction where the teacher can see the students as well and we can hold you accountable and more importantly there is personalized handholding to each student be it mentoring and guidance or evaluating your answer copies. So if you are someone who needs this kind of support then platinum is the right platform for you and the batch has just started a few
21:31 days ago and there are last few seats remaining. So if you wish to enroll this is the perfect time because the batch will close very soon. So the link for the same is provided in the video description. Now let's look at the next article which also deals with artificial intelligence but this is exploring a very different aspect of AI. It's talking about how AI is disrupting the traditional workplace, how the global economy, the global workforce and the very structure of organizations and companies can be disrupted by artificial intelligence. It's a very balanced article looking at both the positives and the negatives of AI which is being deployed on a large
22:16 scale across industries, across sectors. Now first let's understand whether India is prepared for this transition. Where do we stand with regard to AI preparedness? Are we prepared as a economy, as a society to adapt the changes that AI is going to bring about? Because when I say AI, it's not just generative AI. It's not just the large language models. Today AI is being deployed in your factories in traditional assembly lines to bring more efficiency to increase productivity. It is being deployed widely across the IT industry across services across even manufacturing and agriculture. It is being deployed widely by the government. It is being deployed for conflict management as well.
23:05 Recently for example during operation Sindur Indian armed forces have deployed India's first ever AI cloud-based air defense system which is indigenously developed known as Akash. Akashir is a indigenously built AI cloud platform to track aerial targets to carry out target acquisition and provide a networkcentric environment provide situational awareness to the air defense units regarding the enemy projectiles which are entering our airspace to pick out each target acquire the target and to intercept the target. So India has deployed this very efficiently quite effectively and this
23:52 makes it one of the largest deployment of AI in battlefield in recent times. So across sectors AI is causing a big disruption. So given that fact how prepared is the country? Are we prepared as a society? Are the people in the country prepared? Is the government prepared for a large scale adoption of AI? Are we prepared to deal with the disruption that AI is going to cause or the disruption it is already causing? Now in this regard there is one reliable indicator which we can use to measure India's preparedness. The IMF the international monetary fund has recently published the AI preparedness index. Now please make a note of this very important for your prelims. UPSC might ask you who publishes the AI
24:37 preparedness index or what is India's ranking. This index published by the IMF it gives a score of 49 to India which is quite low compared to other developed and industrialized countries. India stands at the 72nd position which is a very low rank whereas other countries developed industrialized nations especially you look at US it has a score of 77 Singapore with a score of8 they come up at the top of the list. So India has a long way to go with regard to AI preparedness. See in India right now the push towards AI and the adoption of AI is very limited to certain pockets of the country. The government of course is
25:24 giving a push. There is an there's a India AI mission. The government has allocated substantial financial resources to drive the creation of AI infrastructure. The NITI Aayog is looking into the adoption of AI on a massive scale in the industry and in the government. Then in the private sector as well especially in cities like Bengaluru, Hyderabad as well to some extent. These have become the drivers of AI innovation in our country. This is where most of your AI startups are located where AI is being developed and deployed at scale. But apart from these exceptions in other parts of India, AI is something which has not made an impact as of now especially in the rural pockets in several smaller towns and even across certain industries as well.
26:12 We haven't seen a large scale AI deployment in agriculture though it is happening in certain industries and factories as well in the manufacturing sector in services in agriculture the deployment has been pretty limited. So India has a lot of catching up to do with regard to preparing the country the society to adopt to these changes because AI is going to bring about a massive shift in the nature of the workplace itself. Now if you look at traditional workspaces a traditional company traditional organization they always have a pyramidical structure. Now what do you mean by this pyramid structure or pyramid model in a traditional organization? In a traditional organization, there is a strict top-down
27:00 approach with regard to managing the organization, managing the company, there's a clear top-down hierarchy which is maintained. There is a top leadership, right? With very few leaders at the top, the top executives taking the big strategic decisions for our organization. So they will not get involved in day-to-day nitty-gritties of the workplace, right? They will take the bigger decisions looking at financial management, looking at the business model, looking at the competition, coming out with new ideas. That is the job of the top leadership. Then you have a very bulky middle management. All the managers that most of you hate, right? Indian companies are known
27:45 to have a very bulky middle management. Now what do the managers do? Essentially the managers are not directly involved in strategy making that is the job of the top leadership managers neither are they involved in day-to-day operations. That is the job of the lower level of the hierarchy. So then what are the managers doing? The managers are essentially managing the work assignment. They're assigning tasks. They're monitoring the progress of the team, the performance of the team. They're reviewing the the overall progress, generating feedback, carrying out appraisals. So this is the task of a manager. Now AI can easily replace most of these managers. The mid-level
28:30 management that exists in a company, most of the jobs can be replaced by AI because these tasks can be automated. Now you take for example the HR department in an organization. What does the HR do? carrying out interviews, onboarding the new recruits, giving training to them, processing salaries, handling other reimbursements, right? All these tasks can be automated. Now, what if I told you that AI tomorrow can make HR irrelevant? We are just years away from HR becoming irrelevant, the whole HR department. Right from recruitment to training to managing the workforce, AI can take care of this entirely. There are sophisticated AI tools which are available today which can assign the
29:17 task to a team which can track the progress which can evaluate the performance of the team even provide appraisals as well. So you basically don't need mid-level managers anymore going forward. So those who are at this level please understand your job will be at risk because of AI. This is not a futuristic prediction. It's already happening. Last week you might have heard that Microsoft fired around 6,000 employees across the world. Have you heard about this? Most of those who were fired were from the middle management. Why? Because Microsoft is adopting AI at scale. Tata Nadella had informed a few months ago that right now
30:04 in the company almost 30% of the coding has been automated which means even some jobs at the lower level where the actual day-to-day work takes place even that is being replaced by AI. So traditional decision making assignment of tasks performance evaluation right this is something that can be taken over by AI. Recently, Meta as well. Meta has stated that it is able to automate coding up to 25 to 30%. Thereby threatening the jobs of mid-level software engineers. Companies will still need the low-end workers, the freshers who carry out the day-to-day work, who interact with the customers. But at the middle
30:49 level where you have these managers where companies become very bulky in the middle, this layer of the pyramid can be eliminated almost eliminated. Now this will apply for any industry, any sector, not just IT companies. This will apply in banks. This will apply even in traditional assembly line factories as well. So what we are looking at is a big transition in the nature of a workplace. We will shift from a pyramid model to the hourglass model. In the hourglass model, you will have the top leadership with a substantial strength of the workforce at the top and you will have the bottom where the actual work is carried
31:36 out. The day-to-day functioning and operations are carried out. The mid level is going to shrink very very significantly as most of the managerial tasks will be automated and managers are removed. Right? This will bring about a big shift where you will see a shrinkage of the mid layer and you will get this new hierarchy, a new model which is the hourglass model. So what does this tell you? How how worried should you be regarding your future job prospects? See definitely without a doubt AI will replace certain types of jobs. There's no doubt about it because please understand AI is boosting productivity by a very significant margin. Companies have already taken note of this and of
32:22 course that's the reason why they're adopting it. According to various studies, organizational productivity has gone up from 25 to 66% with the adoption of AIdriven automation. Now you tell me why wouldn't the organization adopt AI and replace the human workers if the productivity is jumping let's say even by 20% 30%. And also don't forget this will significantly bring down the cost if the cost associated with salaries and other related expenses go down significantly instead companies will spend a portion of that money on investing in AI tools. So cost will go down for them. Productivity will rise significantly. So AI is a absolute
33:09 win-win for an organization. There's no doubt about it. But the problem is will people lose jobs? So what should we do? What should the government do? How should workplaces adopt AI? What adaptation should be implemented? How can they mitigate the job loss? See those at the risk at the risk end over here would essentially be the mid-level managers uh especially those who are in the age bracket of let's say 35 uh to 45 generally those who are considered slightly older in the organization right if you're in the top management you will be safe because top leadership is necessary if you are just a beginner a fresher with some basic experience and skills you are needed if you are a independent contributor let's Say you're
33:55 a specialist. Let's say you're a specialist. You specialize in something, right? Your specialist skills are needed or you're a freelancer. Your skills are needed. So those jobs will not be threatened because it is essentially the day-to-day functionaries who will run the organization at the bottom level. Right? At the middle level, those who are managing these tasks bridging the link between the top and the bottom, they will end up losing the jobs. So the only way out for them is to upskill. So upskilling is very essential and that is what the government should focus upon as well. You need not be worried about AI replacing your jobs. You need not panic about this situation which might come up. It is a reality.
34:42 You need to accept that this is how efficiency will be built into the economy. But what we need is upskilling. What we need is a a very careful transition from the pyramid model to a hourglass model. But experts believe that this may not happen immediately in countries like India. We may see a big shift from pyramid to hourglass model in US and Europe which are more developed industrialized countries. But in India, in India, most companies or our society in general, we have a unique love for hierarchy, right? Especially in familyrun businesses, I'm sure you would have seen how there is a lot of reverence, respect for the leadership. Even in traditional companies in India, even in IT companies, right? There's a
35:28 lot of reverence where you look up to your leadership, there is that love for hierarchy based model which you don't see in the west, which should not be the case as well. So in a country like India, there will be resistance. There will be resistance from the bottom end of the workforce as well to adapt to AI. Resistance from the middle management which is at the biggest risk of losing jobs. Resistance from the top leadership as well because the top leaders have no clue about what's happening on the floor. So they need middle managers to manage the work. They can't rely entirely on machines. They can't rely entirely on AI. So we we may not see a big sudden shift in India but it will happen eventually. Right? Because the work culture in our country is very different where there is a love for the hierarchy model, the top down model and the bulky
36:13 middle management. But gradually we will see a reduction in the mid-level management and that is where upskilling becomes important. It's very essential to reorient the workforce, the industry itself. The top leadership should be mindful of this. The those who are still in college, right? They should be mindful of the domains they will be opting for. Right? As I said HR might be irrelevant in few years. So what should you do? Make a career switch. Focus on AI courses. Focus on data analytics, focus on AI ethics, AI policym. These are the courses of the future. So you have to choose the right domains. So that awareness has to start at the college level. There's no point in taking courses which are going to become
37:00 redundant. Right? So this awareness has to come from the education system from the government as well and the industry of course there should be greater industry university collaboration to create the right workforce with the right talent and skills so that they are always employable they are not replaceable by AI today majority of the workforce is replaceable because they don't have the right skills most of the workers if you take let's say uh the traditional factories or even if you take the software industry for that matter. Most of the workers are basically getting through with basic menial work, right? What they do can be done even without a college degree, even without any uh experience. The basic training is enough for what most workers are doing today in the
37:46 industry. And that is a shocking fact. So that's why if you don't upskill yourself, if you don't make the right career shift and if you don't adapt to the changes, you will end up losing out. Especially those in the middle management. Either you have to climb up the hierarchy or you have to come down. You you should be okay with a demotion of sorts or you become a specialist. You become an independent contributor. You become irreplaceable for a company or in the economy at any cost. Companies need your services. They need you you to carry out that work. There are several roles where human interaction can't be replaced by machines. Right? But still you should always focus on upskilling yourself and taking the right uh path the career path. So this is not just the responsibility of individual workers or
38:33 college students. This is the responsibility of the education system the industry the government as well. So please be mindful of this. UPSC might ask a question. AI can shift the current pyramid model of workplace to an hourglass based model. So what do you think about this? So if such a question comes if you don't know what is a pyramid model in a workplace and hourglass model right there's no way you can write an answer to this question. So please focus on this topic I feel it's a very relevant very important discussion and as I said you can expect an essay on AI and the disruption and the benefits and disadvantages of AI. So such discussions can be brought in to such essay topics as well. Next we have a polity related article which is focused on presidential
39:21 reference. See we have covered this topics enough number of times in the last few days. We all know that President Draadi Murmu has raised a presidential reference under the provisions of article 143 where the president has sought the advice of the Supreme Court on 14 important questions related to article 200 and article 21 of the Indian Constitution because recently a two judge bench of the Supreme Court has passed a controversial judgment regarding the role of the governor after a bill is passed by the state legislature. So this presidential reference which we have covered sub subsequently the last few days it has been debated discussed enough number of times but in this article there are some unique points which have been brought
40:07 out by the Hindu and I would like to focus only on that right there's no point in repeating everything which we have covered you can go back and watch the previous sessions in fact Sarbans has done a completely separate video on this topic as well so go back and watch those videos if you need the background but let's focus on what is unique some unique pointers that are mentioned in today's article. This article helps you understand the history of presidential reference. Where does it originate from? There can be a prelims question based on this. Article 143 owes its origin to the government of India act 1935. In the government of India act 1935, the governor general of British
40:53 India was given the discretion to approach the federal court, the supreme court seeking legal advice on legal constitutional matters. The governor general of India had the discretion to approach the higher court, the Supreme Court essentially asking for such legal advice. That is where it originates from which was later adopted into the Indian constitution. There is a reference in the Canadian constitution as well. Article 143 has drawn inspiration from the Canadian constitution as well where governments both at the federal level and at the provincial level can raise questions to the Supreme Court. Even the provincial governments can issue a
41:39 reference and as well as the federal government of Canada can issue a reference to the Supreme Court. So this is what you need to note down. Article 143 and the provision of presidential reference. It has its origin in the government of India act 1935 and also draws inspiration from the Canadian constitution. Now does the US constitution contain any such provision? The answer is no. Under the US constitution, there is no scope for any such reference because see governments have tried, administrations have tried to bring up a reference to the Supreme Court in the US. But US Supreme Court has denied this request each and every time because in the US there's a lot of focus on maintaining the independence of the judiciary and maintaining the separation of powers between the judiciary and the executive
42:25 and the legislature. So those such references have been raised by the administration, right? But the Supreme Court in the US has not entertained it. So there's no provision per se in the constitution of the US and even in practice the US Supreme Court has denied uh any scope for any such references. Now under this reference the government can raise any question through the president's office. Obviously president is bound by the aid and advice of the council of ministers. So this is not a discretionary power to the president of India. Right? So based on the aid and advice of the prime minister who heads the council of ministers, the president will will basically present this reference to the Supreme Court. Now the Supreme Court has a choice. Either it can take up the
43:11 reference and provide its advice or it can deny it. Meaning it can even ignore the reference. It can state that we don't want to look into the reference. This has been done in the past. For example, since 1950 till now, if you exclude the latest reference until now, 15 such references have been raised by the president 15 times. There has been one instance out of these 15 where the Supreme Court said, "We will not take it up. We will not provide a reference on this. We will not essentially give you advice on this." This was the matter related to the Rama Janmabi title dispute.
43:58 Given the controversial nature of this case, the Supreme Court declined to take up this presidential reference and it did not offer any advice to the government. So it has happened only once where the Supreme Court has not taken up the reference. Supreme Court has that choice. Now even after Supreme Court provides the advice, advice is not legally binding on the government. It's not that the government has to follow the advice given. It's not legally binding. And also please note down a very important point. It does not set any precedent for future rulings. Whatever advice is tendered by the Supreme Court in this particular matter, it will not be a new president for future rulings by the court. It will
44:46 not have any presidential value. Yeah. And also remember the advice tendered by the Supreme Court under article 143. It will not overturn any previous judgments. The previous rulings and judgments of the court will not be overturned by the advice. It is just advice which is given based on questions raised by the president. Understood? So these points are very important. The advice tended by the court will not be legally binding on the government. It will have no presidential value for future rulings and cases. It does not set any precedent and it cannot overturn existing judgments. So the what is the purpose of presidential reference then? The purpose is to provide
45:35 guidance to basically console the government provide the legal interpretation from a constitutional perspective. That's why according to article 145 a five judge constitution bench has to be set up to hear these matters. A five judge constitution bench will take up the reference the presidential reference if at all is if it is entertained by the supreme court. Now in the past there have been some landmark presidential references which has led to a significant outcomes and I would like to mention three or four of them. I told you right uh in the last 75 years 15 references have been given apart from this so total 16 in total in one case the Supreme Court didn't take it up in the Ram Jan Mumi title dispute but in
46:21 1951 in the Delhi laws act case the Supreme Court was approached by the government for a presidential reference regarding delegated legislation. Now what do you mean by delegated legislation? Delegated legislation is when the legislative powers, the lawmaking powers of the legislature is delegated to the executive. See what happens is that the parliament passes a law, right? It enacts, discusses a bill and eventually enacts the bill and eventually turns into a law. Usually these laws are very broad. It'll just have the skeletal framework. the actual muscle to a law, the rules, they are basically framed by the executive, by the concerned ministry which will have the
47:07 specialization. So after a law is passed with the parliament, the parliament can delegate that lawmaking power, the rulemaking power to the government itself, which of course will be subjected to parliamentary scrutiny. So this delegation which is done from the legislature to the executive with regard to legislative powers, this is called delegated legislation and the Supreme Court upheld delegated legislation. It basically advised the president that yes this is an efficient way of making laws. Let the parliament make broad laws and let the executive provide the final muscle with the details with the ex exact rules which will finally bring the law into effect. So this was one important reference which was heard. Then in 1958 there was another matter which I think is important. This is with regard to the
47:52 Kerala education bill. In the Kerala education bill case of 1958, the Supreme Court had opined that there is a fine harmony. There is a harmonious interplay between fundamental rights and DPS between fundamental rights and directive principles of state policy. There is a fine harmony that exists. They are not completely distinct from each other. You you can't treat them in silos. There is a harmonious interplay between the two. That was the opinion of the Supreme Court. And in the same matter, the Supreme Court also gave a opinion about article 30 which provides protection, constitutional protection as a fundamental right to religious minority educational institutions. Right? Religious and linguistic minority
48:38 educational institutions are offered constitutional protection under article 30. Regarding this, the Supreme Court had provide provided an advice in the same Kerala education bill case. Then 1960, I think this is very important. The Beerubari Union case. In the Beerubari Union case, the Supreme Court opined under a presidential reference that if the Indian government is seeding any territory of the country to another foreign country or if we are acquiring any foreign territory, this can be done only through a constitutional amendment under the provisions of article 368. The Supreme Court made it very clear in
49:24 the reference raised under Berubari case that government does not have the authority to seed Indian territory to another country or acquire the territory of a foreign country. This power lies with the parliament. It has to be done through a constitutional amendment under article 3. As I said, it's not binding. Right there there has been a breach of this as well. Later when India worked out the maritime uh boundary with Sri Lanka the then Indra Gandhi government ended up transferring Kachativu to Sri Lanka through a bilateral treaty and not through a constitutional amendment under article 368. So this remains a contentious matter. Then um in 1998 we had the three judges case related to the collagium collagium system of appointment of
50:10 judges. Right. In this matter as well, the Supreme Court laid down an opinion with regard to the collegium system and how judges can be appointed to the courts to the higher courts. So these are some important presidential references in the past. So I think you need to have this background knowledge as well. That's why I said let's cover only these points. Rest we have already discussed and covered in previous sessions. Next on page 10 there is a related article to the Supreme Court and Chief Justice of India. See something interesting happened yesterday. The chief justice of India was invited for a event in Maharashtra. Par council event was taking place in Maharashtra and the new chief justice of India BR Gavay was the dignitary the chief guest. Now when the chief justice of India especially when a new chief justice of India is
50:56 visiting different parts of the country there is a standard protocol which is followed because CJI is a very high constitutional functionary don't forget that. So when the CJI visits different parts of the country after taking office there's a standard protocol visit which is observed. So at the state level, at the level of the state government, wherever the CGI visits or participates in the event, the chief secretary of the state, the DGP of the state police and the police commissioner of that particular city, they are expected to be present as part of the protocol. So this protocol essentially shows a
51:43 healthy respect between the two key organs of our democracy the executive and the judiciary. But what happened in Maharashtra was that when GR Gavay the chief justice of India participated in this event none of the state government officials were present. Chief secretary was not present. DGP of Maharashtra police was not present. Mumbai police commissioner was also missing. So JR gawai took offense to this and he publicly called them out. He said the protocol has been breached. He publicly pointed out the chief secretary, DGP and police commissioner have forgotten their duties. And he marked he basically pointed out the rising differences between judiciary, executive and the
52:28 legislature. See recently there has been lot of controversy criticism concerning article 142 and its usage by the Supreme Court. Vice President of India who's part of the executive and the legislature. He publicly labeled article 142 as a nuclear missile which the Supreme Court is apparently misusing to carry out judicial overreach. Supreme Court has been accused of stepping into the domain of the executive and the legislature through the powers of article 142 which is an extraordinary power because 142 empowers the Supreme Court to do complete justice and issue any decree or order but the judiciary has been defending itself stating it's not carrying out overreach or it's not stepping into the domain and in this
53:13 regard the chief justice of India has said that neither is judiciary supreme in the country nor parliament nor the government. What is supreme in our country is the constitution of India. This is a very important observation. Judiciary has said the chief justice of India has stated neither the supreme court nor judiciary supreme in our country. Nor is the parliament because vice president of India jagdep dankar had triggered one more controversy few months ago. He had said parliament should be supreme in our country. In United Kingdom, parliament is seen as sovereign, a sovereign supreme entity. But that's not the case in India. In India, none of these entities are supreme. Your government is not supreme. Please understand this. Judiciary is not supreme. Not the legislature. They are all at the same level. Yes, it is
54:00 important to maintain the separation of powers and at the same time, one is responsible to hold the other accountable. Right? Judiciary holds the executive legislature accountable and the other way around as well. So the chief justice of India has said that the constitution is supreme in the country and the executive should remind uh should be reminded of this. The legislature should be reminded of this because the chief justice of India believed that the breach in protocol and the disrespect that was shown to his office was a result of the ongoing conflict between the executive and uh the judiciary. And what happened later, Chief Justice of India was attending one more event later in the day. Obviously chief secretary heard about it, police commissioner heard about it, DGP of Maharasha police heard that they have
54:46 been publicly named by the chief justice and criticized immediately they gave up everything they had and rushed to the next event where the CGI was present. These officials have to be present as part of the standard protocol. So that is an element of healthy respect which is often maintained between the judiciary and the executive. So that is one interesting development which has happened and it's a reminder that constitution is supreme in the country and these three organs of our democratic state right they serve their unique role and purpose and none of them should overstep their jurisdiction. Now coming to the next topic, India has started making plans to appraise the FATF about operation Sindur essentially to expose Pakistan's
55:33 involvement in supporting terrorism and in enabling terror financing. See, India has repeatedly called out Pakistan as a state sponsor of terrorism. We have done it repeatedly with our friendly partners through our bilateral talks. We've raised it at many multilateral groupings and platforms as well including United Nations and we have brought up this acquisition against Pakistan at FATF as well. So as part of India's coercive diplomacy that is our forceful diplomacy which is aimed at cornering Pakistan isolating Pakistan for its sponsorship of terrorism. India has been using the FATF platform quite effectively since the last one and a half
56:18 decades. The FATF financial action task force was established in 1989 by the G7 group of countries primarily to counter money laundering. So FATF was like a policymaking body. It would study the global trends in moneyaundering. Moneyaundering is a illegal practice of converting black money into white. It's a illegal practice of converting illegal wealth. Wealth which is acquired through illegal sources into legal wealth. So wealth generated through criminal activities, through corruption, through tax evasion. Such illegal wealth which is black money is converted into white through moneyaundering. So to tackle the menace of moneyaundering, G7 established the FATF to implement CML measures, counter
57:04 moneyaundering measures. So FATF would come out with these CML standards and countries around the world would be expected to follow them and implement those standards. So FATF is like this policym body coming out with these global standards and through its regional bodies. There are nine FATF style regional bodies around the world. They will enforce and implement these standards and countries are expected to inculcate these standards into their national law. So India has passed the PMLA prevention of moneyaundering act which is in line with FATF standards. Right? India is a member as well. There are 39 members in FATF. There are two regional organizations also like European Union and the Gulf Cooperation Council GCC.
57:49 These are the members of FATF. So don't think these standards will apply only for the members of FATF. It applies for every territory and jurisdiction because through the nine FATF styled regional bodies, these standards are globally applicable in every single territory and jurisdiction. So India has passed the prevention of moneyaundering act declaring moneyaundering as a criminal offense and establishing the enforcement directorate giving it with the legal powers to investigate establishing a financial intelligence unit to track any suspicious financial activity and also by mandate mandating recordkeeping and accounting standards for banks and financial institutions check any fraudulent transactions. India has also provided a provision where the ED the enforcement directorate which is the law enforcement
58:35 agency it can confiscate the proceeds of the crime confiscate the assets of money laundering and attach that to the ongoing case. So all these are FATF mandated standards. So after the 9/11 attacks carried out by al-Qaeda against United States it exposed the direct links between money laundering and terrorist financing. moneyaundering channels such as Havala networks were used to finance the 9/11 terrorist attack. So following this FATF's mandate was upgraded to include terrorist financing as well. So since then FATF has been countering terror financing and it provides recommendations on ATF anti-terror financing measures.
59:21 So these are the two important roles of FATF to recommend CML counter moneyaundering measures and anti-terror financing measures. So these are obligatory binding on the countries on all territories and jurisdictions and FATF has the power to review the performance of a country whether a country is following these standards or not whether it has inculcated these standards into its national law. Has it set up these institutions, a financial intelligence unit and enforcement directorate to tackle these crimes? Has it been serious about investigation, building evidence and prosecuting these cases and criminals and securing a punishment for these crimes? The track record of the country
1:00:06 is also reviewed and evaluated by the FATF through its mutual evaluation report. So FATF has enforcement powers as well. It's not just a body giving recommendations and setting standards. It's not just a policym body. It can enforce the policies as well by periodic reviews. So if a country is not following the standards, if it is deliberately ignoring or neglecting the standards, if there are shortcomings and even after repeated warnings, it has not shown any improvement or change then FATF can grreylist such countries and grreyisting has an impact. Once your grail is dead, it will become difficult to access loans, funds to attract capital to carry out trade because most investors, banks and
1:00:54 multilateral institutions, they will not engage with countries that are grreylisted. These grrey-listed countries are on notice. They are given a action plan by FATF with specified targets and a deadline. FATF will prescribe them a action plan, a clear action plan with action points to be acted upon with a within a deadline. Now if they show improvement here, if they implement this action plan within the given deadline and show some tangible progress, then they will be removed from the grrey list which will bring a big relief to that country. But even after this, if they're not showing improvement, if they're not cooperating even now, if this country is not even bothered about the action plan
1:01:40 prescribed by FATF, it's not even implementing any of those targets, then such a jurisdiction can be declared as non-ooperative and it can call for action declaring them as blacklisted countries. the FATF can elevate them to the blacklist declaring them as non-ooperative jurisdictions and call for action against them which will invite crippling economic sanctions against such blacklisted countries. So no international institution is going to provide loans and funds to a blacklisted country. Institutions like World Bank, IMF or Asian Development Bank etc. they will all stay away from such countries. They can't expect to get loans and funds from these institutions. Their sovereign credit rating would be downgraded to junk status which means no capital will
1:02:27 flow. No investors will invest uh capital in that country. Trade will come to a halt. Import and export will take a hit. Essentially the economy is going to collapse. The economy is going to be crippled if a country is blacklisted. Right now only three countries are blacklisted by FATF. This includes Iran, North Korea and our neighbor Myanmar. These are the only three blacklisted countries as of now. Now why did I discuss this entire history? That's because Pakistan our another neighbor has been greylisted three times and each time it is India which has played a role to get it greylisted with the support of US, France and other friends. In 2008, after the 261 Mumbai
1:03:14 attacks, India managed to pinpoint evidence showing Pakistan as a state sponsor of terrorism by tying the Mumbai terrorists directly with Lashkar toa and Pakistani handlers from the ISI and the Pakistani military establishment. India managed to convince the FATF with support from France and US that Pakistan is not only enabling terrorism but it is failing to implement the standards against moneyaundering and terrorist financing. So from 2008 to 2009 Pakistan was grreylisted for the first time. It showed some improvement and then it was removed. It was again grreylisted for the second time from 2012 to 2015 because it was not acting against UN sanctioned terrorists as per FATF obligations. You need to arrest these
1:04:00 known proscribed terrorists. you need to press terror charges against them and ensure appropriate punishment is awarded to them. But Pakistan had done none of this. Terrorist leaders like Hafi say Masoud Aar and others have been roaming freely in the country though they are designated by the 1267 sanctions committee of the UN security council. As per the UNC sanctions these terrorists their financial assets all their known accounts and financial assets have to be frozen by the government. Their ability to move around could be restricted which means they have to be arrested and also their ability to access weapons has to be restricted by each and every government. These are the three sanctions that will apply when a terrorist is designated and procribed by the 1267 sanctions committee of UN
1:04:46 security council. Pakistan has never done this. Terror leaders like Mazud Azar Hafi S have been roaming around freely rallying against India spe spe spe spe spe spe spe spe spe spe spe spe spe spe spe spe spe spe spe spe spe spe spe spe spe spe spe spe spe spe spe spe spe spe spe spe spe spe spe spe spewing anti-india sentiments raising recruitment and funds for terrorist activities against India. They've done it freely and openly. Even when they were arrested under global pressure, they were arrested under non-terrorism charges. They were arrested for petty criminal offenses and never ever terror charges have been filed against them. Even if they are in jail, they're kept in jail hardly for few weeks, few months. And even from jail, they are able to control their terror groups and terror activities. So Pakistan has never been serious about these efforts. That's why it got grreylisted for the second time. Then
1:05:31 again in 2018, India managed to get Pakistan grreylisted and it remained on the grrey list for 4 years until 2022. So this grreyisting at India's insistence, it has had a economic impact on Pakistan. It has definitely affected Pakistan's ability to raise loans and funds and capital and it has had an impact on its trade as well. So now after Pelgam attack and after operation Sindur, India is planning to brief the FATF again because under operation Synindur we hit the terror basis of Lashkar to Chesha Muhammad and the others. So India has plenty of evidence, plenty of intelligence because these operations would not have been possible without real-time actionable
1:06:16 intelligence. Now India is looking to share that information with FATF and the members of FATF to clearly point out that Pakistan has not acted against terrorism. India will present the evidence at the global platform and we will make one more attempt to get Pakistan grreylisted and maybe in the future push it towards the blacklist because if at all Pakistan gets blacklisted that will be the death of the Pakistani economy. So this is part of India's course of diplomatic effort and we are trying to corner isolate Pakistan and it's also part of the economic war between India and Pakistan. So now let's look at the prelim section few small articles and then we can quickly wrap up the class for today. On page eight, there is an article related to the tensions in New Calonia. So, where is New Calonia
1:07:03 located? What's happening here? You should have some basic knowledge. New Calonia is a French overseas territory located in Southern Pacific. It's a small island. You can see that in the map here. It's located next to Australia, New Zealand, to the east of New Zealand. uh to the east of Australia and to the northwest of New Zealand, right? These are your Pacific island countries, Talu, Wanauu, Fiji and the others. So there you have a small island in the southern Pacific called New Calonia which was colon colonized by France back in 1800s. In the year 1853, the French colonizers captured New
1:07:49 Calonia and New Calonia and set it up as a penal colony where prisoners would be basically sent for punishment. Eventually, French citizens started settling down as well. So this colonization of New Calonia, it affected
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