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August 30th Current Affairs

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Myanmar's Conflict

Myanmar's Conflict

Context

Myanmar’s military government, the State Administration Council (SAC), has labeled the KNU a terrorist organization. This move is a strategic escalation ahead of planned national elections, intended to delegitimize the KNU and criminalize all forms of contact or support for the group. It is a direct response to the KNU’s vow to disrupt the upcoming polls, which have been widely criticized as a sham to legitimize military rule.

Background

The Karen, a major ethnic group in Myanmar, have sought greater autonomy since the country’s independence in 1948. The KNU is their political organization, with the Karen National Liberation Army (KNLA) as its armed wing. They have been engaged in a long-standing armed struggle for self-determination and have become a key ally of pro-democracy forces since the 2021 military coup.

Government Schemes and Policies

The military government, also known as the Tatmadaw, has consistently employed a two-pronged strategy: force and political maneuvering. Their policies aim to centralize power and suppress ethnic aspirations. Key policies include the 2008 Constitution, which entrenches military rule by reserving 25% of parliamentary seats for the military and giving them control over key ministries. They have also enacted new election laws that effectively bar opposition leaders like Aung San Suu Kyi from running and have made it a capital offense to disrupt the polls.

Constitutional Provisions, Rules, and Laws

Myanmar’s 2008 Constitution is a cornerstone of military control. It grants the military significant political power and autonomy, making it nearly impossible to amend without their consent. The constitution does not provide for a genuine federal structure, which is a core demand of ethnic armed groups like the KNU. The military government’s latest designation of the KNU as a terrorist group is based on new laws and declarations that criminalize any association with “unlawful organizations.”

UN Resolutions, and Diplomat's Views

The international community, particularly the UN, has condemned the military’s actions. UN General Assembly and Human Rights Council resolutions have repeatedly called for an end to the violence, full cooperation with human rights mechanisms, and accountability for atrocities. Many diplomats and international bodies view the military’s actions as a desperate attempt to maintain control. They have largely dismissed the planned elections as illegitimate and support a return to democratic rule.

Significance

The terrorist designation has profound implications. For the KNU, it makes both armed and non-violent resistance more difficult and dangerous. For the military, it provides a legal pretext to escalate its crackdown and eliminate opposition ahead of the elections. It also complicates international humanitarian efforts and diplomatic engagement, as third parties, including aid organizations, could be deemed in violation of the law by the junta. This move further entrenches the military’s position and exacerbates the civil war.

Definition of Technical Terms

  • Karen National Union (KNU): The leading political organization representing the Karen people, a major ethnic group in Myanmar.
  • State Administration Council (SAC): The official name for the military junta that seized power in the 2021 coup.
  • Terrorist Organization: A group designated by a government as engaging in violent acts to achieve political goals, which in this case criminalizes support for the KNU.

Democratic aspects

This situation highlights the complete lack of democratic principles in Myanmar. The military government’s actions demonstrate a disregard for the will of the people and the aspirations of ethnic groups. The planned elections are a facade, designed to legitimize an illegitimate government rather than to empower citizens. The KNU’s stance, while involving armed conflict, is rooted in the democratic principle of self-determination and opposition to an autocratic regime.

Impacts on South Asia

The ongoing conflict in Myanmar poses significant challenges for neighboring countries. India and Bangladesh face an influx of refugees, straining resources and creating humanitarian crises. The porous border with India’s northeastern states facilitates cross-border movement of insurgents and the trafficking of arms and drugs, affecting regional security. The instability also disrupts regional connectivity projects, such as the Kaladan Multi-Modal Transit Transport Project, a key part of India’s ‘Act East Policy’.

Challenges

The main challenges are:

  1. Humanitarian Crisis: Over 3.4 million people are internally displaced and millions more need humanitarian aid.
  2. External Apathy: The international community’s response has been fragmented, with some countries prioritizing economic interests over democratic values.
  3. Fragmented Opposition: While the KNU and other ethnic armed groups (EAOs) have aligned with pro-democracy forces, their long-term goals and a lack of unified command could pose challenges.
  4. Military’s Entrenchment: The Tatmadaw’s deep institutional power, and its alliances with China and Russia, make it resilient to international pressure.

Way Forward

A sustainable solution requires a multi-pronged approach:

  1. Coordinated International Pressure: The UN and ASEAN must present a united front, imposing targeted sanctions and leveraging diplomatic pressure to force the military into genuine dialogue.
  2. Inclusive Dialogue: A durable peace requires the military to engage in meaningful negotiations with the National Unity Government (NUG) and all EAOs, including the KNU.
  3. Humanitarian Access: The international community must find ways to deliver aid directly to affected populations, bypassing the military’s control.
  4. Constitutional Reform: Any political settlement must include a new constitution that guarantees a genuine federal democratic union, respecting the rights and autonomy of all ethnic groups.

Prelims MCQ

Q. Consider the following statements: 1. The Karen National Union (KNU) is an ethnic rebel group operating in Myanmar's western region and is primarily allied with the military government. 2. The military government of Myanmar has been consistently supported by United Nations resolutions in its efforts to restore order and stability. Which of the statements given above is/are correct?

A. 1 only

B. 2 only

C. Both 1 and 2

D. Neither 1 nor 2

Mains Question

Q. Analyze the implications of Myanmar’s internal conflict on India’s security, economic interests, and regional policy, particularly in the context of the ‘Act East Policy’. (10 marks)

The Rise of C-Sections in India

The Rise of C-Sections in India

Context

A Lancet study reveals a concerning rise in C-section deliveries in India, reaching 21.5% in 2021, far exceeding WHO’s recommended rate of 10-15%. This trend, driven by private healthcare, raises alarms about patient safety, over-medicalization, and healthcare costs, demanding urgent policy and regulatory reforms. The recent Lancet study on the increasing rates of C-section deliveries in India, providing a detailed overview of the issue from various perspectives.

Background

Since 2005, India’s C-section rates have more than doubled, particularly in private hospitals. While medically necessary C-sections can save lives, the surge points to non-clinical factors like convenience for doctors, fear of litigation, and financial incentives, leading to unnecessary surgeries and health risks for mothers and babies.

Government Schemes and Policies

The Indian government has initiated various schemes to improve maternal and child health. The Janani Shishu Suraksha Karyakram (JSSK) provides free C-sections in public hospitals, while the Pradhan Mantri Matru Vandana Yojana (PMMVY) offers financial assistance to pregnant women. These schemes aim to make deliveries safer but do not directly address the over-medicalization in the private sector. The Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (AB-PMJAY), with its fixed-rate packages, may unintentionally incentivize C-sections, as they are often more profitable than normal deliveries.

Constitutional Provisions and Rules

The Right to Health is implicitly a part of the Right to Life under Article 21 of the Indian Constitution. Unnecessary C-sections violate this right by exposing women to avoidable surgical risks. The Clinical Establishments (Registration and Regulation) Act, 2010, aims to regulate healthcare institutions, but its implementation has been inconsistent.

Doctor's Views

Many doctors argue that the increase in C-sections is a result of a combination of factors, including patient preference, fear of complications during a normal delivery, and the growing threat of legal action. They also point to the lack of adequate staff and infrastructure for round-the-clock normal deliveries, making a scheduled C-section a safer and more convenient option. However, many in the medical community acknowledge that financial incentives in private healthcare are a significant driver of the high rates.

Significance

The rising C-section rates are a critical public health issue. They not only inflate healthcare costs but also increase the risks of maternal morbidity, including hemorrhages and infections. For infants, C-sections have been linked to a higher risk of respiratory distress and a potential disruption of the gut microbiome. The trend also reflects a larger issue of over-medicalization and the commercialization of healthcare, which prioritizes profit over patient well-being.

Definition of Technical Terms

  • Caesarean Section (C-section): A surgical procedure used to deliver a baby through an incision in the mother’s abdomen and uterus.
  • Over-medicalization: The tendency to treat a condition with medical intervention when it is not necessary, often leading to more harm than good.
  • Antenatal Counselling: Medical advice and support given to a pregnant woman before birth.

Health Views

The rise in C-sections is not uniform across all demographics. It is more prevalent in urban, educated, and affluent women, suggesting a socio-economic and institutional bias. This is a classic case of medical inequality, where access to advanced healthcare technology does not necessarily translate to better health outcomes. While C-sections are vital in cases of a medical emergency like placenta previa or fetal distress, their elective use poses significant health risks.

WHO Views

The World Health Organization (WHO) has long maintained that C-section rates above 10-15% are not associated with a reduction in maternal or newborn mortality. The WHO emphasizes that C-sections should be performed only when medically necessary, as a high rate indicates a misuse of a vital surgical procedure. The organization advocates for stricter guidelines and a focus on quality, patient-centered care.

Challenges

  • Regulatory Gap: A major challenge is the lack of strict regulatory oversight in the private healthcare sector, which operates with little accountability.
  • Lack of Public Awareness: Many women and their families are not fully aware of the risks of unnecessary C-sections and often believe them to be a safer option.
  • Financial Incentives: The fee-for-service model in private hospitals makes C-sections more profitable, creating a clear conflict of interest.
  • Litigation Fear: Doctors, fearing legal action in case of complications during a normal delivery, often opt for a C-section as a “safer” and more documented procedure.

Way Forward

  • Stricter Regulation: The government must strengthen the Clinical Establishments Act to regulate private hospitals and ensure they adhere to medical guidelines for C-sections.
  • Payment Reforms: Introducing fixed payment packages for both normal and C-section deliveries under schemes like AB-PMJAY could reduce the financial incentive for unnecessary surgeries.
  • Improved Antenatal Counselling: Educating women and their families about the risks and benefits of both natural births and C-sections is crucial.
  • Strengthening Public Healthcare: Investing in public hospitals to improve infrastructure and staffing can make them a more viable and trusted option for deliveries.
  • Audit and Accountability: Implementing a system to audit C-section rates at the institutional level and holding hospitals and doctors accountable for non-compliance.

Prelims MCQ

Q. Consider the following statements regarding Caesarean deliveries in India: 1. According to a recent Lancet study, C-section rates in India have risen to approximately 21.5%, which is well above the WHO-recommended level. 2. The Janani Shishu Suraksha Karyakram (JSSK) provides free C-sections in public health facilities. 3. The rise in C-section rates is a pan-Indian phenomenon and is equally prevalent in both private and public hospitals. Which of the statements given above is/are correct?

A. 1 only

B. 1 an 2 only

C. 2 and 3 only

D. 1, 2 and 3

Mains Question

Q. Discuss the ethical and socio-economic implications of the rising C-section rates in India. (10 marks)

Rediscovery of the Scarlet Dragonfly in the Western Ghats

Rediscovery of the Scarlet Dragonfly in the Western Ghats

Context

The elusive Scarlet Dragonfly (Crocothemis erythraea), a species with a lineage tracing back to the Ice Age, has been re-confirmed in the high-elevation areas of the southern Western Ghats. This rediscovery, after decades of being overlooked due to misidentification, underscores the unique biodiversity of the region and the critical need for detailed faunal surveys.

Background

The Western Ghats is a biodiversity hotspot, home to numerous endemic and relict species. The Scarlet Dragonfly (Crocothemis erythraea) was historically confused with the common lowland species (Crocothemis servilia). The recent finding by Odonatologists, specialists in dragonflies, in the high-altitude ‘shola’ grasslands confirms the existence of a distinct high-elevation population, a living relic of past climatic conditions.

Government Schemes and Policies

The Indian government has several initiatives to protect biodiversity, including the Wildlife (Protection) Act, 1972, which provides a legal framework for the conservation of wildlife and their habitats. While dragonflies are generally not listed under the schedules of this Act, the Biological Diversity Act, 2002, aims to conserve biological resources and regulate access to them. The Western Ghats Development Programme and the National Action Plan on Climate Change also have conservation as a key component, with a focus on protecting fragile ecosystems like the shola forests where such species are found.

Constitutional Provisions, Rules, and Laws

The Directive Principles of State Policy, specifically Article 48A, mandates that the State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country. This provides a constitutional basis for conservation efforts. The Biological Diversity Act, 2002, and its associated rules, establish a three-tier structure to protect biological resources: a National Biodiversity Authority, State Biodiversity Boards, and local Biodiversity Management Committees. This legal framework is essential for documenting and protecting newly discovered or rediscovered species.

Global Resolutions

Globally, India is a signatory to the Convention on Biological Diversity (CBD), which commits nations to conserving biodiversity, using its components sustainably, and sharing the benefits from genetic resources. The rediscovery aligns with the goals of the Kunming-Montreal Global Biodiversity Framework, which aims to halt and reverse biodiversity loss. These international commitments provide a guiding principle for India’s domestic conservation strategies.

Odonatologists' Views

For Odonatologists, this finding is a significant scientific event. They view the rediscovery as confirmation that many species, previously thought to be absent or misidentified, may still exist in unexplored or under-surveyed habitats. The fact that the Scarlet Dragonfly is a “relict” from a cooler, glacial period provides valuable clues about the paleo-ecology of the Western Ghats. It also underscores the importance of high-altitude habitats as refugia for ancient species.

Significance

The rediscovery of a species, particularly one with such a deep evolutionary history, is of immense significance. It highlights the ecological uniqueness of the Western Ghats. Such a finding confirms that this biodiversity hotspot continues to hold hidden treasures. It also provides a baseline for climate change studies, as relict species are often highly sensitive to temperature changes. Protecting these species means protecting the habitats they depend on, which are themselves vital for the region’s climate and water resources.

Definition of Technical Terms

  • Odonatology: The scientific study of dragonflies and damselflies, collectively known as Odonata.
  • Relict Species: A species that has survived from an earlier geological era and is now restricted to a small, isolated area, often a result of past climate changes.
  • Shola Forests: Patches of stunted tropical montane forest found in valleys and depressions, interspersed with rolling grasslands, characteristic of the high-altitude regions of the Western Ghats.

Biodiversity aspects

The rediscovery of Crocothemis erythraea in the high-elevation grasslands of the Western Ghats highlights a key biodiversity nuance: the role of habitat fragmentation and microhabitats. The shola-grassland ecosystem acts as a unique island of biodiversity, where species can persist in isolated pockets, adapting to specific local conditions. This makes these habitats particularly vulnerable to climate change and human activities like forest fires and land-use changes. It also emphasizes the importance of a nuanced, site-specific approach to conservation, moving beyond broad-stroke policies.

Impacts on Science

This finding will have a direct impact on scientific research. It will spur further surveys and taxonomic studies to understand the genetic distinctiveness of this relict population. Researchers can now study how this species has adapted to the high-altitude environment and use it as an indicator species to monitor the effects of climate change. The rediscovery also provides an opportunity to refine the understanding of dragonfly distribution, evolution, and conservation status in India.

Challenges

  • Habitat Loss: The primary threat to this and other relict species is the rapid conversion and degradation of the shola-grassland ecosystem due to development, invasive species, and climate change.
  • Misidentification: The close resemblance to other species means that many valuable biodiversity records may be incorrect, requiring extensive re-examination of collections and field surveys.
  • Lack of Funding: Invertebrate conservation, particularly for groups like Odonata, often receives less funding and attention compared to charismatic megafauna like tigers and elephants.

Way Forward

  • Focused Surveys: Conduct targeted, in-depth surveys of high-altitude ecosystems in the Western Ghats to identify and document other potentially relict or endemic species.
  • Taxonomic Research: Invest in taxonomic and genetic studies to establish the evolutionary relationships and conservation status of these unique populations.
  • Strengthened Protection: Extend legal protection to crucial microhabitats like shola grasslands and the species that depend on them, possibly by including them in the schedules of the Wildlife (Protection) Act.
  • Public Awareness: Launch campaigns to raise awareness about the importance of lesser-known species like dragonflies and their role as environmental indicators.
  • Climate Monitoring: Establish a long-term monitoring program using species like Crocothemis erythraea to track the biological impacts of climate change in the Western Ghats.

Prelims MCQ

Q. Consider the following statements:
1. The Western Ghats is a recognized global biodiversity hotspot and a UNESCO World Heritage Site.
2. Crocothemis erythraea is a species of dragonfly whose rediscovery is significant for studying relict species that have survived from a cooler, past climate.
3. The shola-grassland ecosystem, characteristic of the high-elevation Western Ghats, is known for hosting unique and highly specialized flora and fauna.
Which of the statements given above are correct?

A. 1 and 2 only

B. 2 and 3 only

C. 1 and 3 only

D. 1, 2 and 3

Mains Question

Q. How does the rediscovery of relict species in biodiversity hotspots like the Western Ghats help in understanding climate change? (10 marks)

India-China Relations Amid Global Trade Tensions

Context

Prime Minister Modi, ahead of his visit to China, called for India and China to unite for global economic stability. His remarks, made in Japan, come amid new U.S. tariffs on both countries, which have created a shared economic challenge and prompted a diplomatic reset between the two Asian giants. Prime Minister Narendra Modi’s recent message from Japan regarding India-China economic cooperation, in the broader context of a changing global economic order and rising protectionism.

Background

India-China relations have been strained since the Galwan Valley clashes in 2020. However, the two nations have recently been working to de-escalate tensions and improve ties. This shift is a direct result of mutual economic pressures, particularly from U.S. trade policies, compelling both countries to find common ground for economic stability and regional peace.

Government Schemes and Policies

India’s policy towards China is a delicate balance of engagement and competition. On one hand, the “Neighbourhood First” policy prioritizes stable relations with all its neighbors, including China. On the other, policies like “Make in India” and “Atmanirbhar Bharat” (Self-Reliant India) aim to reduce India’s economic dependence on countries like China and boost domestic manufacturing. The government has also used trade policies to restrict Chinese imports in certain sectors and has tightened rules on foreign direct investment from China.

Rules and Laws

Foreign Trade (Development and Regulation) Act, 1992, provides the legal framework for India’s foreign trade, allowing the government to impose restrictions or tariffs. The Companies Act, 2013, and associated rules, have been used to scrutinize Chinese investments for national security concerns, demonstrating the legal and regulatory tools available to manage the relationship.

Diplomat's Views

UN framework for global economic cooperation and sustainable development provides the backdrop for such discussions. Diplomats from both nations, including India’s External Affairs Minister, have publicly stressed that the relationship is complex and not a simple reaction to U.S. policies. They highlight a “twin-track approach” of simultaneously addressing border disputes and advancing bilateral cooperation.

Significance

This move by PM Modi is highly significant as it signals a pragmatic shift in India’s foreign policy. It recognizes the shared economic threat posed by U.S. protectionism and the potential for a united front to protect a multipolar world order. For India, it is a way to hedge against a potentially unreliable U.S. administration and to leverage its position for both economic gain and strategic autonomy. It also provides a much-needed platform to discuss long-standing border issues and other bilateral challenges.

Definition of Technical Terms

  • Trade Tariffs: A tax imposed by a country on imported goods or services.
  • Multi-polar World: A global distribution of power in which more than two states or blocs of states hold significant power.
  • Shanghai Cooperation Organisation (SCO): A Eurasian political, economic, and security alliance, with India and China as key members.

Trade

The current trade situation is complex. The U.S. has imposed steep tariffs on both India and China, citing different reasons: India’s purchase of Russian oil and China’s trade surplus and intellectual property practices. This has created a shared grievance. While India’s trade deficit with China is a major concern, both nations are exploring ways to diversify trade and resume direct flights and border trade. The focus is now on finding a “new equilibrium” in their economic relationship, driven by mutual necessity rather than a complete resolution of their differences.

Impacts on Geopolitical Theories

This event challenges traditional geopolitical theories, particularly those of a simple U.S.-led “containment” of China with India as a key ally. It suggests a more fluid, multi-vector foreign policy by India, where it will not be forced to choose one side. It aligns more with the theory of Strategic Autonomy, where a nation maintains its independence in foreign policy and avoids bloc politics. The situation also demonstrates how economic factors, particularly trade wars, can alter geopolitical alignments and create unexpected partnerships.

Challenges

  • Trust Deficit: Despite recent diplomatic efforts, a deep-seated trust deficit remains due to unresolved border disputes, particularly the ongoing military standoff along the Line of Actual Control (LAC).
  • Competing Interests: While there is common ground on U.S. tariffs, India and China remain competitors in various sectors, from manufacturing to regional influence.
  • Domestic Pressure: Both governments face domestic political pressure. The Indian government must navigate public sentiment against China due to the border clashes, while the Chinese government needs to manage its slowing economy and trade challenges.

Way Forward

  • Sustained Diplomatic Engagement: Continued high-level meetings and dialogues are crucial to maintain momentum and prevent a relapse into confrontation.
  • Addressing Core Issues: While economic cooperation is important, a lasting peace requires a political solution to the border disputes through a fair, reasonable, and mutually acceptable framework.
  • Building Confidence: Implementing confidence-building measures, such as resuming direct flights and border trade, can help rebuild trust.
  • Economic Diversification: India should continue to diversify its trade partners and strengthen its domestic economy to reduce vulnerability to external shocks.

Prelims MCQ

Q. Consider the following statements:
1. Prime Minister Modi's recent message in Japan emphasized that India and China should cooperate to counter the global economic volatility triggered by U.S. tariffs.
2. The current U.S. tariffs on India are solely a result of India's direct purchase of Russian oil and have no other contributing factors.
Which of the statements given above is/are correct?

A. 1 only

B. 2 only

C. Both 1 and 2

D. Neither 1 nor 2

Mains Question

Q. Critically analyze the factors driving the recent shift in India-China relations. (15 marks)

US Court Ruling on Presidential Tariff Authority

Trump Doubles Tariffs on India Over Russian Oil Purchases

Context

A U.S. federal appeals court has ruled that most of President Trump’s tariffs, imposed under emergency powers, were illegal. The decision challenges the president’s authority to use the International Emergency Economic Powers Act (IEEPA) to levy tariffs, setting up a major legal and constitutional battle likely to be decided by the Supreme Court. 

Background

President Trump has consistently used tariffs as a core tool of his foreign policy. He has levied duties on a variety of goods and countries, often citing national security and trade deficits as grounds for declaring a “national emergency.” This recent court challenge specifically targets tariffs imposed under the IEEPA, a 1977 law that allows the president to regulate international commerce during a declared emergency, but does not explicitly mention tariffs.

Government Schemes and Policies

The Trump administration’s trade policy is rooted in economic nationalism and the use of tariffs to protect American industries and pressure trading partners. This contrasts with the traditionally more liberal, multilateral approach to trade. The government has used various statutes, including Section 232 of the Trade Expansion Act of 1962 (for steel and aluminum tariffs) and Section 301 of the Trade Act of 1974 (for some China tariffs), which are distinct from the tariffs challenged in this case. The ruling only affects tariffs imposed under IEEPA.

Constitutional Provisions, Rules, and Laws

The ruling is a significant affirmation of the constitutional principle of separation of powers. The U.S. Constitution, Article I, Section 8, explicitly grants Congress the power “To lay and collect Taxes, Duties, Imposts and Excises.” While Congress has delegated some of this authority to the executive branch over the years, the court argued that the delegation must be both explicit and limited. The appeals court found that the IEEPA lacked such explicit language regarding tariffs, thus the president had exceeded his statutory authority.

SC Verdicts and UN Resolutions

The U.S. Supreme Court has not yet directly ruled on this specific use of IEEPA for tariffs. The case is now on a fast track to the Supreme Court, which will have to interpret the extent of the President’s authority under the Act. Historically, the Supreme Court has upheld broad delegations of power to the executive branch in foreign policy, but the current case involves a domestic legal challenge to a tax-like measure. The ruling does not directly impact UN resolutions, as they do not govern a country’s internal legal system. However, the ruling has broader implications for global trade, which is governed by multilateral bodies like the World Trade Organization (WTO), where such unilateral actions are often challenged.

Diplomat's Views

U.S. diplomats and cabinet secretaries had expressed concerns about the court’s potential ruling. They argued that a decision against the president would weaken the U.S.’s negotiating position and make it appear less resolute to foreign governments. They warned of “dangerous diplomatic embarrassment” and the risk of other countries being emboldened to resist U.S. demands. This highlights the view that tariffs are not just economic tools but also vital components of diplomatic leverage in the current administration’s foreign policy.

Significance

The ruling is a major blow to President Trump’s signature trade policy and the use of emergency powers to circumvent Congress. It reasserts the legislative branch’s constitutional authority over trade and taxation. The decision will have a profound impact on future U.S. trade policy, regardless of who is in power, as it sets a precedent for limiting the president’s ability to unilaterally impose tariffs. If the ruling is upheld by the Supreme Court, it could force the executive branch to work more closely with Congress on trade matters.

Definition of Technical Terms

  • Tariff: A tax or duty to be paid on a particular class of imports or exports.
  • International Emergency Economic Powers Act (IEEPA): A 1977 U.S. law granting the president authority to regulate international commerce in response to a declared national emergency.
  • Separation of Powers: A constitutional doctrine where the powers of government are divided among different branches (legislative, executive, and judicial) to prevent any one branch from becoming too powerful.

Trade Aspects

The tariffs in question were described as “reciprocal” duties and were justified by the administration’s claims of persistent trade deficits and foreign policy challenges. The ruling exposes a key legal nuance: whether the power to “regulate” under the IEEPA includes the power to “tax” or impose tariffs. The court’s distinction between these two terms is crucial and has significant implications for how future administrations can use emergency powers. It suggests that a president must explicitly rely on trade laws that were specifically designed by Congress to delegate tariff authority.

Impacts on Geopolitical Theories

This legal challenge underscores the tension between unilateralism and multilateralism in modern geopolitics. President Trump’s use of tariffs to challenge the global trading system, which is based on multilateral agreements and institutions like the WTO, is a clear example of unilateralism. The court’s ruling, which reinforces the checks and balances within the U.S. government, could be seen as a victory for a more rules-based, multilateral approach to global trade. It shows that even a powerful executive branch is not immune to domestic legal and constitutional constraints.

Challenges

  • Supreme Court Battle: The ultimate outcome hinges on the Supreme Court, which may or may not uphold the appeals court’s decision.
  • Political Fallout: The ruling has already triggered a sharp political response from the president and his supporters, who see it as an attempt to undermine his authority.
  • Economic Uncertainty: The pending legal status of the tariffs creates uncertainty for businesses and investors, affecting supply chains and global markets.

Way Forward

  • Supreme Court Decision: All parties will await the Supreme Court’s ruling, which will provide a definitive legal interpretation of the IEEPA and the president’s powers.
  • Legislative Action: Congress could clarify the president’s authority by amending the IEEPA to explicitly include or exclude tariffs.
  • Rethinking Trade Policy: Future U.S. administrations will need to develop trade policies that are both effective and legally sound, relying on established statutes and working with Congress.
  • International Engagement: The U.S. should use this as an opportunity to repair relationships with allies and work within the WTO framework to address trade imbalances.

Prelims MCQ

Q. Consider the following statements:
1. A recent U.S. federal appeals court ruling found that President Donald Trump's use of the International Emergency Economic Powers Act (IEEPA) to impose tariffs was unconstitutional, as the law does not explicitly grant the president the power to tax.
2. The U.S. Constitution's Article I, Section 8, grants the power to lay and collect taxes and duties to the President of the United States.
Which of the statements given above is/are correct?

A. 1 only

B. 2 only

C. Both 1 and 2

D. Neither 1 nor 2

Mains Question

Q. Critically analyze the legal and political implications on India of a U.S. federal court limiting the President’s authority to impose tariffs. (10 marks)

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