• The Union Cabinet of India has approved the signing of the BBNJ Agreement, also known as the High Seas Treaty. The Ministry of Earth Sciences will lead its implementation in India.

What are High Seas?

• Definition: High seas refer to oceanic areas that lie outside the jurisdiction of any individual country. National jurisdictions typically extend up to 200 nautical miles (370 km) from the coastline, known as the Exclusive Economic Zone (EEZ).
• Global Commons: High seas account for about 64% (approximately two-thirds) of the world's ocean area. They are considered global commons, meaning they are not owned by any single nation. Rights to these areas include navigation, overflight, economic activities, scientific research, and infrastructure like undersea cables.

BBNJ Agreement

• Formal Name: The full name of the agreement is the Agreement on Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction.
• Under UNCLOS: This international treaty is part of the United Nations Convention on the Law of the Sea (UNCLOS). It will be the third implementation agreement under UNCLOS, complementing:
• 1994 Part XI Implementation Agreement: Addresses the exploration and extraction of mineral resources in the international seabed area.
• 1995 UN Fish Stocks Agreement: Deals with the conservation and management of straddling and highly migratory fish stocks.
• Adoption: The BBNJ Agreement was adopted in 2023 and is open for signature for two years. It will become legally binding 120 days after 60 countries have ratified it.
• As of June 2024, 91 countries have signed the BBNJ Agreement, with eight countries having ratified it.
• Objective: The primary goal of the BBNJ Agreement is to ensure the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction, addressing both current and future needs.

The BBNJ Agreement represents a significant step in international efforts to protect marine ecosystems and manage biodiversity in the high seas, addressing critical issues like marine conservation and sustainable use of resources on a global scale.

Key Provisions of the BBNJ Agreement

Scope of Application:

• Coverage: The BBNJ Agreement applies to Areas Beyond National Jurisdiction (ABNJ), including the high seas.
• Exclusions: It does not apply to warships, military aircraft, or naval auxiliaries.
• Part-II Application: Only Part-II, concerning Marine Genetic Resources, applies to government vessels in non-commercial service.

Institutional Arrangement:

• Conference of Parties (COP):
• Role: The main decision-making body, with authority over most aspects of the Treaty.
• Composition: Consists of Parties to the Treaty.
• Scientific and Technical Body (STB):
• Role: Provides scientific and technical advice to the COP.
• Clearing-House Mechanism (CHM):
• Role: Serves as an open-access, centralized platform.
• Function: Enables Parties to access, provide, and disseminate information related to the Treaty’s four substantive elements.
• Subject-Matter Committees:
• Access and Benefit-Sharing Committee: Focuses on sharing benefits derived from marine genetic resources.
• Capacity-Building and Transfer of Marine Technology Committee: Promotes capacity building and transfer of technology.
• Finance Committee: Oversees financial aspects of the Treaty.
• Implementation and Compliance Committee: Ensures adherence to the Treaty’s provisions.

Financial Mechanism:

• Purpose: Establishes a financial mechanism to provide adequate, accessible, additional, and predictable resources.
• Management: Functions under the COP’s guidance.

Significance of the BBNJ Agreement:

• Biodiversity Conservation:
• Impact: Addresses overexploitation of resources, biodiversity loss, pollution (including plastic waste), and ocean acidification.
• Statistics: In 2021, approximately 17 million tonnes of plastics were dumped into oceans.
• Mitigation of Climate Change Impacts:
• Focus: Addresses the effects of warming, ocean deoxygenation, and acidification on marine ecosystems.
• Equitable Economic Order:
• Objective: Aims to create a fair international economic system that considers the needs of both coastal and landlocked developing states.
• Significance for India:
• Strategic Expansion: Enhances India’s strategic presence beyond its EEZ (Exclusive Economic Zone).
• Resource Benefits: Provides opportunities for shared monetary benefits, strengthens marine conservation efforts, fosters scientific research, and promotes capacity building and technology transfer.
• Promotion of Traditional Knowledge:
• Approach: Integrates traditional knowledge with an ecosystem-centric and precautionary approach.

United Nations Convention on the Law of the Sea (UNCLOS)

• Adopted: 1982
• Came into Force: 1994
• Scope: A comprehensive international treaty that establishes the legal framework for maritime and oceanic activities.
• State Parties: 170, including India. It is often referred to as the "constitution of the oceans."

Provisions and Key Elements:

• Rights and Duties of Nations:
• Sovereignty: Defines the rights and responsibilities of nations regarding their use of the oceans.
• Passage Rights: Addresses rights of innocent passage through territorial seas and transit passage through international straits.
• Exclusive Economic Zone (EEZ): Provides rights for the exploration, exploitation, conservation, and management of marine resources within up to 200 nautical miles from the coast.
• International Seabed Authority (ISA):
• Purpose: Regulates mining and related activities on the ocean floor beyond national jurisdiction.
• Functions: Oversees mineral resource extraction to ensure it benefits all of humankind and adheres to international standards.
• Territorial Demarcation:
• Territorial Sea: Extends up to 12 nautical miles from the coastline. Coastal states exercise full sovereignty here, similar to their land territory.
• Contiguous Zone: Extends up to 24 nautical miles from the coastline. Coastal states have limited enforcement authority to prevent infringements on their territorial sea.
• Exclusive Economic Zone (EEZ): Extends up to 200 nautical miles from the coast. Coastal states have sovereign rights over the exploration and exploitation of marine resources, but do not have full sovereignty.
• High Seas: Areas beyond national jurisdictions, open to all states for navigation, overflight, and other lawful uses.
• Seabed Zoning System:
• Continental Shelf: Can extend beyond the territorial sea and EEZ if it is naturally contiguous to the landmass. States have sovereign rights for exploration and exploitation of resources in this area.
• Area: The seabed and ocean floor beyond national jurisdiction. This is considered the "common heritage of humankind," and activities here are meant to benefit all humankind.

Significance:

• Global Governance: UNCLOS provides a legal framework for managing the world's oceans and their resources, balancing the interests of coastal states with those of the international community.
• Environmental Protection: Addresses environmental issues, including the protection of marine biodiversity and pollution control.
• Dispute Resolution: Includes mechanisms for resolving disputes between states regarding maritime boundaries and resource management.

Implementation:

• State Compliance: Parties to UNCLOS are expected to adhere to its provisions and regulations, with various bodies, including the ISA and the International Tribunal for the Law of the Sea (ITLOS), overseeing its implementation and dispute resolution.

This framework helps in managing the vast and varied interests of nations regarding oceanic resources, navigation, and environmental protection, contributing to global maritime order and sustainability.

Conclusion:

The BBNJ Agreement represents a significant step in international marine governance, reflecting the growing recognition of the oceans' critical role. It aligns with global conservation goals, such as the “30x30” initiative, which aims to protect 30% of marine ecosystems by 2030. This landmark treaty is poised to play a crucial role in enhancing marine biodiversity conservation and sustainable use of ocean resources.

Overview of the Bill

• Bill Name: Karnataka State Employment of Local Candidates in the Industries, Factories, and Other Establishments Bill, 2024.
• Key Provisions:
• Local Candidate Definition: Individuals born in Karnataka or residing in the state for at least 15 years and proficient in Kannada.
• Quota Requirements:
• Management Categories: 50% of positions must be filled by local candidates.
• Non-Management Categories: 70% of positions must be filled by local candidates.
• Current Status: The bill has been approved but is currently on hold.

Context and Background

• Similar Attempts: Haryana and Andhra Pradesh have attempted similar local reservation policies, but their implementations have faced legal and political challenges.

Constitutional and Legal Framework

1. Constitutionality of Domicile-Based Reservation

• Equality of Opportunity:
• Article 16(1): Guarantees equality of opportunity in public employment.
• Article 16(2): Prohibits discrimination in public employment based on religion, race, caste, sex, descent, place of birth, or residence.
• Affirmative Action:
• Reservation for Backward Classes: States can reserve posts for backward classes inadequately represented in services (Article 16(4)).
• Residence Requirement: States can set residence requirements for public employment but must adhere to constitutional principles (Article 16(3)).

2. Balancing Equality and Affirmative Action

• Constitutional Balance:
• Non-Discrimination: Ensures equal treatment among equals.
• Affirmative Action: Allows reservations to address historical inequalities and promote representation for SCs/STs/OBCs, and economically weaker sections (EWS) as seen in the 103rd Constitutional Amendment.

3. Legal Basis for Local Reservation Laws

• Public Employment (Requirement as to Residence) Act: Abolishes residence requirements for employment except in Andhra Pradesh, Manipur, Tripura, and Himachal Pradesh.
• Article 371(d): Provides Andhra Pradesh with special powers for local recruitment.
• Article 371: Grants special provisions to certain states, allowing flexibility in recruitment rules.

4. Regional Language Criteria as a Workaround

• Regional Language Requirements: Some states require knowledge of local languages as a criterion for employment, using Article 16(2) to support local job preferences. For instance:
• Maharashtra, West Bengal, Tamil Nadu: Prescribe local language knowledge for state jobs.

5. Specific State Examples

• Uttarakhand: Reserves Class III and IV jobs for locals.
• Maharashtra, West Bengal, Tamil Nadu: Utilize regional language criteria to promote local employment.

Why Domicile-Based Reservation Should Not Be Implemented

Domicile-based reservation policies, such as those proposed in Karnataka's bill, face significant legal, constitutional, and practical challenges. Here’s why such policies are controversial and potentially problematic:

1. Balancing Equality with Affirmative Action

• Constitutional Guarantees: The Indian Constitution ensures equality before the law (Article 14) and prohibits discrimination based on place of birth or residence (Article 16). While affirmative action is allowed to uplift backward classes (Articles 15 and 16), domicile-based reservations could violate these principles by favoring certain groups over others without adequate justification.
• Legal Scrutiny: Any domicile-based reservation must carefully balance these provisions to avoid judicial invalidation. Courts often scrutinize such policies for their adherence to the principle of equality.

2. Violates Fundamental Right of Equality

• Discrimination: Domicile-based reservations can lead to excessive discrimination against non-domicile candidates, thus violating their right to equality. This could foster regional divisions and social disharmony.
• Social Unrest: Favoring locals over non-locals might incite tensions between different regional communities, disrupting social harmony and cooperation.

3. Economic Impact

• Limited Job Opportunities: Such reservations can restrict job opportunities for skilled migrants, impacting economic growth and productivity. Companies may face challenges in hiring qualified individuals if forced to prioritize local candidates.
• Reduced Diversity: Diversity in educational institutions and workplaces fosters innovation and growth. Domicile-based reservations might diminish this diversity, affecting the overall quality of talent and creativity.

4. Judicial Review

• Scrutiny: State policies on domicile-based reservations are subject to judicial review. Courts assess if such policies are reasonable, proportionate, and align with the Constitution’s basic structure.
• Reasonableness: The policies must demonstrate that they are reasonable and serve a legitimate state interest without violating fundamental rights.

5. 50% Upper Limit on Quota

• Supreme Court Ruling: The Supreme Court in Indra Sawhney v. Union of India (1992) established that total reservations should not exceed 50% of available seats or posts. Domicile reservations must fit within this limit, alongside other reservation categories.
• Reservation Cap: This cap includes all forms of reservation, meaning that domicile-based reservations must be balanced with existing quotas to avoid exceeding the legal limit.

6. Proving Inadequate Representation

• Empirical Evidence: States must demonstrate inadequate representation of domiciled candidates to justify such reservations. Proving this can be complex and involve substantial administrative efforts.
• Administrative Burden: Managing and verifying domicile status adds administrative burdens, potentially leading to inefficiencies and corruption.

Judicial Opinions on Domicile-Based Reservations

• DP Joshi vs. The State Of Madhya Bharat (1955):
• The Supreme Court quashed a fee exemption rule for Madhya Bharat students but did not address the broader issue of regional domicile as distinct from Indian domicile.
• Andhra Pradesh Domicile Quota for Jobs (1970s):
• The Supreme Court struck down this quota, stating that it was unconstitutional.
• Sunanda Reddy v. State of Andhra Pradesh (1995):
• The Court invalidated 100% domicile reservation in postgraduate medical courses, emphasizing that reservations should not compromise merit and efficiency.
• Arvind Dattatraya Dhande v. Maharashtra Government (1997):
• The Bombay High Court ruled against absolute domicile requirements for government jobs in Maharashtra, stating such measures are unconstitutional unless they adhere to reasonable classification principles.
• Andhra Pradesh Employment of Local Candidates Bill (2019):
• The AP High Court questioned the constitutionality of this bill, which mandated up to 75% reservation in certain jobs. The case remains under review.
• Haryana State Employment of Local Candidates Act (2020):
• The Punjab and Haryana High Court deemed this law unconstitutional and a violation of fundamental rights. The state’s appeal is pending before the Supreme Court.

Conclusion

Domicile-based reservations, while aimed at addressing local employment concerns, face significant constitutional and practical challenges. They must align with constitutional principles of equality and non-discrimination, avoid exacerbating regional tensions, and adhere to judicial precedents and limits on reservation quotas. Implementing such policies requires careful consideration of their legal and social implications.

During Prime Minister Narendra Modi's historic visit to Austria, several key areas of bilateral cooperation were highlighted.

Key Highlights of PM Modi’s Visit to Austria

Shared Values and Goals

• Emphasis on Democracy and Freedom: Both nations reaffirmed their commitment to democratic values, international peace, and a rules-based international order. This underpins their mutual respect for sovereignty and democratic principles.

Economic and Technological Cooperation

• Sustainable Economic Growth: Focus was placed on fostering sustainable economic development and innovation.
• Digital Infrastructure: Collaboration in advancing digital technologies and infrastructure was emphasized.
• Business and Start-ups: Encouragement was given to increase business-to-business interactions and foster start-up collaborations between the two countries.

Political and Security Cooperation

• Indo-Pacific Region: Both countries stressed the importance of maintaining a free, open, and inclusive Indo-Pacific region.
• Counter-Terrorism: A mutual commitment was made towards combating terrorism and adhering to international law.
• Ukraine Conflict: Austria supported a peaceful resolution to the ongoing conflict in Ukraine, aligning with India's stance on international conflict resolution.

Multilateral Cooperation

• Commitment to Multilateralism: Both nations reaffirmed their support for a rules-based multilateral order and advocated for reforms in the United Nations.
• UN Security Council: They pledged mutual support for each other's candidacies for non-permanent seats on the UN Security Council, aiming to strengthen their influence in global governance.

Cultural and People-to-People Ties

• Cultural Exchanges: Promotion of cultural ties, tourism, and academic exchanges was a focal point.
• Yoga and Ayurveda: The significance of Indian cultural practices, such as yoga and Ayurveda, was recognized and promoted in Austria.

Climate and Sustainability

• Climate Neutrality: Both nations agreed on joint efforts towards achieving climate neutrality.
• Green Hydrogen Technologies: There was a focus on developing and investing in green hydrogen technologies as part of their climate action strategies.
• Environmental Technologies: Emphasis was placed on collaboration in environmental (green) technologies to combat climate change.

India-Austria Bilateral Relationship

Overview

India and Austria have cultivated a longstanding and amicable bilateral relationship characterized by mutual respect and cooperation. The partnership, built on shared democratic values and a commitment to enhancing economic, cultural, and political ties, spans several decades.

Political Relations

• Diplomatic Ties: Established in 1949, the diplomatic relationship between India and Austria has been strengthened through high-level visits, bilateral agreements, and active participation in international forums.
• Multilateral Cooperation: Both countries collaborate on various global platforms, including the United Nations, where they address key issues such as climate change, sustainable development, and global peace.

Economic and Trade Relations

• Trade Volume:
• 2021 Data: According to Statistik Austria, the bilateral trade was balanced. Indian exports to Austria amounted to USD 1.29 billion, while imports from Austria were USD 1.18 billion.
• Indian Exports to Austria: Includes electronic goods, apparel, textiles, footwear, rubber articles, vehicles and railway parts, electrical machinery, and mechanical appliances.
• Indian Imports from Austria: Includes machinery, mechanical appliances, railway parts, iron, and steel.
• Investment:
• Austrian Investments in India: Austrian companies have invested in sectors such as engineering, renewable energy, and infrastructure.
• Indian Investments in Austria: Indian firms are exploring opportunities in Austria, particularly in IT and manufacturing.

Cultural and Educational Exchanges

• Cultural Programs:
• Festival of India: Initiatives such as the Festival of India in Austria and Austrian cultural events in India promote mutual understanding and cultural exchange.
• Educational Cooperation:
• Indian Students: Many Indian students pursue higher education in Austria, benefiting from scholarships and exchange programs.
• Academic Collaborations: There is a growing trend of academic collaborations between universities in both countries.
• Indian Community: Approximately 31,000 Indians reside in Austria, with a significant number originating from Kerala and Punjab.

Recent Developments

The recent visit of Indian Prime Minister Narendra Modi to Austria has further strengthened the bilateral relationship. This visit highlighted the robust and expanding partnership between the two nations, with a strategic focus on advancing cooperation across various sectors, including economic, technological, cultural, and environmental domains