What’s in Today’s Article?

• Delimitation in India Latest News
• Need for Delimitation
• History of Delimitation in India
• Impact of Delimitation on Lok Sabha Seats and Elections
• Concerns of Southern States Over Delimitation
• Delimitation in India FAQs

Delimitation in India Latest News

• Union Home Minister Amit Shah assured that southern states would not lose any parliamentary seats after delimitation, addressing concerns of states like Tamil Nadu and Kerala. 
• Due to slower population growth in the South compared to the North, delimitation based on the latest data could have resulted in a significant increase in seats for northern states.
• Delimitation, which redraws constituency boundaries, is expected after the delayed Census and was initially set for 2026. In Independent India’s history, delimitation has taken place four times – 1952, 1963, 1973 and 2002.

Need for Delimitation

• Delimitation is a constitutional mandate carried out after each Census to readjust the number of seats in Parliament and state Assemblies and redefine constituency boundaries. 
  • Article 82 of the Constitution mandates that after each Census, the allocation of Lok Sabha seats must be adjusted based on population changes. 
  • However, Article 81 limits the total number of Lok Sabha members to 550, with 530 from states and 20 from Union Territories. 
    • It also requires that the ratio of seats to the population in each state be as uniform as possible, ensuring that constituencies across the country have roughly equal populations.
• The goal is to ensure equal representation by maintaining similar population sizes across constituencies.

History of Delimitation in India

• Pre-1976: After the Censuses of 1951, 1961, and 1971, seats in Lok Sabha, Rajya Sabha, and state Assemblies were redistributed.
• 42nd Amendment (1976): During the Emergency, Parliament froze the total number of seats until the 2001 Census to prevent states with higher population growth from losing representation while implementing family planning measures.
• 2001 Delimitation: While constituency boundaries were redrawn, the number of seats remained unchanged due to opposition from southern states.

Impact of Delimitation on Lok Sabha Seats and Elections

• The number of seats each state receives after delimitation will depend on the base average population that a future delimitation commission establishes. 
• In 1977, each MP represented an average of 10.11 lakh people. Ideally, constituencies should be evenly distributed around this average.

Potential Increase in Lok Sabha Strength

• If the 10.11 lakh average is retained, Lok Sabha strength could rise to nearly 1,400 based on 2025 population projections.
  • UP (including Uttarakhand) could see its seats triple from 85 to 250, while Bihar (including Jharkhand) could increase from 25 to 82.
  • Tamil Nadu and Kerala would see only moderate increases (39 to 76 and 20 to 36, respectively).
• Since the new Parliament has only 888 seats, this formula is unlikely to be implemented.
• Experts believe that regardless of the formula, southern states would gain fewer seats compared to northern states, reinforcing concerns over their diminishing political influence.

Impact of Delimitation on Elections

• Regional parties in the South fear that delimitation based on population will benefit parties with a strong base in North India.

Concerns of Southern States Over Delimitation

• Southern states fear that delimitation based on the latest population data will reduce their representation in Parliament, weakening their political influence.
• Tamil Nadu CM M.K. Stalin announced an all-party meeting on March 5 to discuss delimitation, calling it a looming threat to southern states.
• He warned that Tamil Nadu could lose parliamentary seats due to its success in family planning.

Delimitation in India FAQs

Q1. What is delimitation in India?

Ans. Delimitation is the process of redrawing parliamentary and assembly constituencies based on population changes after each Census.

Q2. Why are southern states concerned about delimitation?

Ans. Southern states fear losing parliamentary representation due to slower population growth compared to northern states.

Q3. How often has delimitation occurred in India?

Ans. Delimitation has taken place four times: in 1952, 1963, 1973, and 2002.

Q4. What impact could delimitation have on Lok Sabha seats?

Ans. Northern states may gain more seats, while southern states could see minimal increases, affecting political representation.

Q5. What is the Tamil Nadu CM’s stance on delimitation?

Ans. Tamil Nadu CM M.K. Stalin has called delimitation a threat and convened an all-party meeting to discuss its impact.

Source: IE | TH | IE

What’s in Today’s Article?

• Digital Personal Data Protection Act Latest News
• Introduction
• Understanding the Controversial Provision – Section 9(1)
• Reasons Behind PwDs and Activists Concerns
• Risk to Digital Rights of PwDs
• Government's Response and the Way Forward
• Conclusion
• DPDP Act’s Impact on PwDs FAQs

Digital Personal Data Protection Act Latest News

• The Ministry of Electronics and Information Technology (MeitY) is looking to wrap up public consultations on the draft Rules for the Digital Personal Data Protection Act, 2023 by March 5.

Introduction

• The Ministry of Electronics and Information Technology (MeitY) is finalizing public consultations on the Digital Personal Data Protection (DPDP) Act, 2023 and its draft rules.
• However, disability rights activists have raised serious concerns over a specific provision in Section 9(1), which clubs adult Persons with Disabilities (PwDs) with children and mandates that their legal guardians provide consent for any digital personal data processing.
• Activists argue that this undermines the autonomy of PwDs and reflects a flawed understanding of guardianship laws.

Understanding the Controversial Provision – Section 9(1)

• The DPDP Act requires data fiduciaries (organizations processing data) to obtain verifiable consent from a parent or legal guardian before processing personal data of a child or a PwD with a lawful guardian.
• The definition of PwDs in this provision lumps all individuals with disabilities together, assuming that those with guardians are incapable of making legally binding decisions.
• The draft rules under Rule 10(2) require verification that the guardian was appointed by a court or designated authority under Indian guardianship laws.
• While the rule provides detailed explanations for child consent, it lacks clarity on how guardianship-based consent would apply to PwDs, leading to confusion.

Reasons Behind PwDs and Activists Concerns

• Undermining Autonomy of PwDs
  • The provision assumes that all PwDs with guardians lack decision-making abilities, ignoring the Rights of Persons with Disabilities (RPWD) Act, 2016, which promotes supported decision-making instead of absolute guardianship.
  • Many PwDs function independently with limited legal support but may still have a legal guardian for specific purposes.
• Legal Confusion Between RPWD Act and NT Act
  • PwDs are governed by two laws:
    • The RPWD Act, 2016 provides for limited guardianship, allowing the PwD to exercise rights with support.
    • The National Trust (NT) Act, 1999 allows full guardianship for individuals with autism, cerebral palsy, or intellectual disabilities.
  • However, the DPDP Act does not differentiate between these categories, applying a blanket rule for all PwDs with guardians.
• Practical Challenges in Implementation
  • There is no clear guideline on how digital platforms should obtain guardian consent for PwDs.
  • If a guardian refuses consent, the PwD may lose access to essential services, such as online banking, e-commerce, or healthcare platforms.
  • Activists highlight gender-based discrimination, where women with disabilities may be denied access to digital platforms without guardian approval.

Risk to Digital Rights of PwDs

• Disability rights groups argue that the DPDP Act compromises digital rights by making guardian consent mandatory for accessing online services. This could lead to:
  • Exclusion from digital platforms like banking, government schemes, e-commerce, and education portals.
  • Increased control of guardians over PwDs’ choices, restricting their ability to make personal decisions.
  • Legal ambiguity for guardians, who may face penalties under the DPDP Act if their consent leads to data misuse.
• A survey by PACTA and Saksham Disability found that 27.4% of PwDs had legal guardians, yet most of them managed their affairs independently, contradicting the assumptions made by the DPDP Act.

Government's Response and The Way Forward

• The government argues that limiting the definition of PwDs covered under Section 9(1) helps address concerns.
• However, disability activists argue that this further complicates the issue by adding unclear definitions.
• Recommended changes by disability rights groups include:
  • Amending Section 9(1) to align with the RPWD Act, 2016, ensuring PwDs have decision-making autonomy.
  • Providing clear guidelines on how data fiduciaries should handle guardian-based consent for PwDs.
  • Ensuring that digital accessibility barriers are addressed, as many platforms are still not user-friendly for PwDs.

Conclusion

• The DPDP Act, 2023, aims to regulate digital personal data while protecting user rights.
• However, its rigid guardianship rules threaten the digital autonomy of PwDs, potentially excluding them from online services and decision-making processes.
• A balanced approach, incorporating input from disability rights groups, is necessary to ensure data protection laws do not inadvertently violate the rights of PwDs.

DPDP Act’s Impact on PwDs FAQs

Q1. What is the main concern of PwDs regarding the DPDP Act?
Ans. The DPDP Act requires guardian consent for PwDs before processing their digital data, restricting their autonomy.

Q2. How does the DPDP Act define legal guardianship for PwDs?
Ans. It does not differentiate between full guardianship (NT Act) and limited guardianship (RPWD Act), leading to legal confusion.

Q3. Why is Section 9(1) controversial?
Ans. Section 9(1) treats PwDs the same as children, assuming they cannot make independent digital decisions if they have a legal guardian.

Q4. How does the DPDP Act impact the digital accessibility of PwDs?
Ans. PwDs may lose access to online banking, e-commerce, and essential services if their guardian refuses consent.

Q5. What changes are disability rights groups demanding?
Ans. They want the DPDP Act to align with the RPWD Act, ensuring autonomy for PwDs and clearer implementation guidelines.

Source: TH

What’s in Today’s Article?

• Gold Card Visa USA Latest News
• EB-5 Visa Program
• Comparison: EB-5 vs. Gold Card
• Potential Benefits of the Gold Card Program
• Concerns Surrounding the Gold Card Program
• Challenges Ahead for the Gold Card Program
• Impact of Gold Card Program on Indian Investors
• Gold Card Visa USA FAQs

Gold Card Visa USA Latest News

• US President Donald Trump introduced a new "gold card" immigration initiative, replacing the EB-5 visa program. For a $5 million investment, wealthy foreign investors can gain a path to U.S. citizenship and permanent residency. 
• The existing EB-5 program, established in 1990, requires a minimum investment of $1.05 million (or $800,000 in distressed areas) to create or preserve jobs. 
• It has faced criticism for fraud and misuse, including funding projects linked to Trump family businesses.

EB-5 Visa Program

• Established by the U.S. Congress in 1990, the EB-5 visa program aimed to boost the American economy through job creation and capital investment by foreign investors.

Investment Requirements

• The program grants green cards to immigrants who invest at least $1,050,000 or $800,000 in economically distressed areas, known as targeted employment areas.

Capping

• The EB-5 program was capped at 10,000 visas annually with 3,000 reserved for investments in high-unemployment areas.

Criticism and Controversies

• The program faced criticism for deviating from its intended purpose, with reports indicating that businesses and Trump family members used it to fund major property developments. 
• Calls for reform grew during Trump’s presidency.

Renewal and Legal Challenges

• The program was last renewed under President Joe Biden in 2022, with investment thresholds raised. 
• The Trump administration attempted to increase the minimum investment for targeted areas to $900,000 in 2019, but a federal judge overturned this decision in 2021.

Comparison: EB-5 vs. Gold Card

• EB-5 Program
  • Established in 1990 and managed by USCIS.
  • Grants Green Cards to foreign investors who invest at least $1.05 million ($800,000 in certain cases).
  • Requires the creation of at least 10 jobs for Americans.
• Gold Card Program
  • Likely does not require investment in American businesses or job creation.
  • Allows direct purchase of a Green Card for $5 million.
• Administration and Processing
  • United States Citizenship and Immigration Services (USCIS) is expected to regulate and issue Gold Cards.
  • Likely involvement of the Department of State and Department of Commerce.
  • Faster processing times anticipated to encourage participation.

Potential Benefits of The Gold Card Program

• Attracting Wealthy Investors
  • The straightforward residency pathway may encourage high-net-worth individuals to move to the U.S.
  • These investors could contribute to the economy through real estate, luxury markets, and business investments.
• Reducing Fraud Risks
  • The EB-5 program has faced allegations of fraud.
  • A direct, high-cost purchase model may help minimize misuse and regulatory loopholes.

Concerns Surrounding The Gold Card Program

• Citizenship for Sale
  • The program prioritizes wealth over merit, potentially disadvantaging skilled professionals.
  • It raises ethical and political concerns about fairness in immigration policy.
• Risk of Financial Misuse
  • Investment-based immigration programs can be exploited for money laundering and foreign influence.
  • Lack of strong regulatory oversight may increase these risks.
• No Economic Contribution Requirement
  • Unlike EB-5, the Gold Card does not mandate job creation or business investment.
  • Passive investors could gain residency without contributing to the U.S. economy.
• Historical Precedents and Policy Questions
  • A similar program in Canada was discontinued due to widespread misuse.
  • Key concerns remain: Should U.S. citizenship be available for purchase? Should immigration policy prioritize skills and economic contributions?

Challenges Ahead for The Gold Card Program

• Legislative Hurdles in Congress
  • Immigration policy changes require congressional approval.
  • While Republicans hold a majority, not all may support a program perceived as "selling" citizenship.
  • Democrats are expected to oppose the proposal.
• Potential Legal Challenges
  • Most visa-related legal issues arise from program administration rather than the policy itself.
  • It is uncertain what legal challenges the Gold Card may face.

Impact of Gold Card Program on Indian Investors

• In 2023, only 631 Indians obtained Green Cards through the EB-5 program.
• Given the $5 million (₹43 crore) price tag, the Gold Card may not be attractive to many Indian investors.

Impact on Applicants from Other Categories

• Over a million Indians are among those waiting for green cards in the U.S., according to US government data.
• In employment-based categories, the backlog for Indian applicants is projected to reach 2.19 million by 2030. 
• Any new category will add to their waiting period.

Gold Card Visa USA FAQs

Q1. What is Trump's Gold Card Visa?

Ans. The Gold Card Visa allows foreign investors to gain US residency and citizenship for a $5 million investment.

Q2. How does Gold Card Visa differ from EB-5?

Ans. Unlike EB-5, the Gold Card Visa doesn’t require job creation or business investment—only a direct $5 million payment.

Q3. What are the concerns about the Gold Card Visa?

Ans. Critics argue it prioritizes wealth over merit, risks financial misuse, and lacks economic contribution requirements.

Q4. How will the Gold Card Visa impact Indian investors?

Ans. With a $5 million cost, it may not attract many Indians, but it could affect existing Green Card backlogs.

Q5. Will the Gold Card Visa face legal challenges?

Ans. Congress must approve it, and opposition from both parties could lead to legislative and legal hurdles.

Source: IE | IE | HT