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  • Partnership with the private sector in a fight against Covid-19

    The article delineates five areas in which partnership with the private sector is essential to deal effectively with the epidemic and ensure a whole-of-society response. Ensuring the participation of the private sector has been the recurring theme of many op-eds we have come across after the outbreak.

    Significance of private healthcare in India

    • According to the WHO, a critical lesson from the 2014-16 West African Ebola epidemic was that both the public and private sector need to work in tandem in responding to large-scale epidemics.
    • In the COVID-19 response in India, the private sector has to play an even more important role, as it is the dominant provider of health services in the country.
    • The private sector includes the for-profit and not-for-profit segments.
    • The dominance of the private sector in India: The NSSO 71st round data on social consumption of health show that private hospitals, clinics and nursing homes provide over 70 per cent of healthcare.
    • Data on the nearly 1 crore treatments received under the Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (AB PM-JAY) corroborate this finding.
    • AB PM-JAY data shows that over half of all treatments are being availed of from private providers, accounting for over 60 per cent of total disbursements.

    UPSC asked about community-level healthcare intervention in 2018. So, pay attention to the significant role played by the private health sector in India.

    Following five are the areas in which cooperation with the private sector will be essential-

    1 Testing

    • Creating a large and accessible testing infrastructure is the first weapon in the armoury.
    • Countries like South Korea, Singapore, Germany and Japan have been successful at controlling the spread of COVDID-19 and reducing mortality through early detection and quick containment.
    • This has been possible only through widespread testing.
    • India has opened testing up to private labs.
    • Testing has been included under the AB PM-JAY as well.
    • We need to substantially expand testing capacity.
    • This cannot happen without the active participation of the private sector.

    2 Converting private hospitals into Covid-19-only hospitals

    • As the government deepens its containment efforts, the country will need to rapidly surge the numbers of quarantine units, isolation wards and ICU beds in COVID-19-only
    • It will also need to ensure increased and continued supply of essential medical products — from testing kits, masks and other PPEs to oxygen and ventilators.
    • According to a recent ICMR study, around five per cent of those infected will need intensive care and half of those in intensive care units will need mechanical ventilation.
    • These projections translate into large numbers that considerably exceed the capacity of the government health system.
    • Private hospitals with adequate infrastructure will need to convert in COVID-19-only hospitals.
    • There should be a clear policy framework of designated hospitals, reporting and referral systems and an appropriate payment system.
    • With many government facilities being converted into COVID-19-only hospitals, a large number of non-COVID-19 patients will need facilities and providers to take care of their other urgent, critical or continuing healthcare needs.
    • The AB PM-JAY has started a process to bring on board more hospitals to respond to such needs.

    3 Protecting healthcare workers

    • As more private providers join this fight, a major concern that will arise is keeping healthcare workers from becoming infected.
    • In addition to being at a high risk of contracting the virus, healthcare workers are also potential carriers.
    • Ensuring their protection is of paramount importance.
    • Increasing the production: Companies manufacturing essential medical products such as ventilators, masks will need to crank up their production.
    • Direct support from banks may be needed to keep production and supply chains going.

    4 The private sector has to support the ecosystem driving health system

    • The private sector will need to vigorously support the large ecosystem that drives the health system as the lockdown and ongoing epidemic restrict movement and normal economic activities.
    • Activities such as the production of essential drugs and medical products, logistics to maintain smooth supply need to not only continue but also accelerate.
    • Support for community activities such as night shelters and community kitchens will need to be strengthened.

    5 Collaborate to share knowledge on the epidemic

    • An adequate stage-wise response to the pandemic and its economic, social and political aftermath will require the rapid filling of the many knowledge gaps.
    • Government, private and not-for-profit research institutions need to collaborate to understand the nature of transmission of the virus.
    • They must understand the factors that slow its spread, the most at-risk communities, or the optimal quarantine period.

    In 2015, UPSC asked whether the private health sector could help bridge the gap in providing universal health coverage. A question can be asked based on the same theme but in reference to dealing with the pandemic.

    Conclusion

    The fight against COVID-19 is not a race to a hilltop. It involves the continuous management of an evolving public health crisis that threatens to spawn economic and social crises. These multiple dimensions will require a whole-of-society approach that goes beyond the government alone.

  • TRAI wants set top boxes to be made interoperable

    The Telecom Regulatory Authority of India (TRAI) has recommended that all set-top boxes (STBs) in the country must be interoperable, meaning that consumers should be able to use the same STB across different DTH or cable TV providers.

    The TRAI and Telecom Disputes Settlement and Appellate Tribunal are quite often seen in the news.  Most recent was the dispute risen due to AGR dues.

    TRAI has a wide range of jurisdiction over Telecoms. Keep a track on all such news.

    Why such a recommendation?

    • TRAI noted that while the STBs deployed in the cable TV networks are non-interoperable, those by DTH players complied with licence conditions to support common interface module based interoperability.
    • However, in practice, even in the DTH segment the STBs are not readily interoperable.
    • The lack of interoperability of set-top boxes between different service providers deprives the customer of the freedom to change her/his service provider.
    • It also creates a hindrance to technological innovation, improvement in service quality, and the overall sector growth.

    About TRAI

    • The TRAI is a statutory body set up under section 3 of the Telecom Regulatory Authority of India Act, 1997.
    • It is the regulator of the telecommunications and its tariffs in India.
    • The TRAI Act was amended by an ordinance, effective from 24 January 2000, establishing a Telecom Disputes Settlement and Appellate Tribunal (TDSAT) to take over the adjudicatory and disputes functions from TRAI.
    • TRAI regularly issues orders and directions on various subjects such as tariffs, interconnections, quality of service, DTH services and mobile number portability.

  • [pib] Amendment to the Environment Impact Assessment (EIA) Notification, 2006

    To address unprecedented situation arising from the global outbreak of COVID-19 and to ramp up availability or production of various drugs, the MoEFCC has made an amendment to EIA Notification 2006.

    EIA is a process of evaluating the likely environmental impacts of a proposed project or development, taking into account inter-related socio-economic, cultural and human-health impacts, both beneficial and adverse.  Its a hot topic for mains.

    What is the amendment about?

    • All projects or activities in respect of bulk drugs and intermediates, manufactured for addressing various ailments, have been re-categorized from the existing Category ‘A’ to ‘B2’ category.
    • Projects falling under Category B2 are exempted from the requirement of collection of Baseline data, EIA Studies and public consultation.
    • The re-categorization of such proposals has been done to facilitate decentralization of appraisal to State Level so as to fast track the process.

    Projects Categorization and Clearance under EIA

    • Environmental clearance is required in respect of all new projects or activities listed in the Schedule to the 2006 notification and their expansion and modernization, including any change in product –mix.
    • Since EIA 2006 the various developmental projects have been re-categorised into category ‘A’ and category ‘B’ depending on their threshold capacity and likely pollution potential.
    • They require prior EC respectively from MOEFCC or the concerned State Environmental Impact Assessment Authorities (SEIAAs).
    • Where state-level authorities have not been constituted, the clearance would be provided by the MOEFCC.

    Back2Basics: Environmental Impact Assessment (EIA) in India

    • EIA is a management tool to minimize adverse impacts of developmental projects on the environment and to achieve sustainable development through timely, adequate, corrective and protective mitigation measures.
    • The MoEFCC uses EIA Notification 2006 as a major tool for minimizing the adverse impact of rapid industrialization on the environment and for reversing those trends which may lead to climate change in the long run.
    • EIA has now been made mandatory under the Environmental (Protection Act, 1986 for 29 categories of developmental activities involving investments of Rs. 50 crores and above.

    EIA stages

    • Screening: This stage decides which projects a full or partial assessment need study.
    • Scoping: This stage decides which impacts are necessary to be assessed. This is done based on legal requirements, international conventions, expert knowledge and public engagement. This stage also finds out alternate solutions that avoid or at least reduce the adverse impacts of the project.
    • Assessment & evaluation of impacts and development of alternatives: This stage predicts and identifies the environmental impacts of the proposed project and also elaborates on the alternatives.
    • EIA Report: In this reporting stage, an environmental management plan (EMP) and also a non-technical summary of the project’s impact is prepared for the general public. This report is also called the Environmental Impact Statement (EIS).
    • Decision making: The decision on whether the project is to be given approval or not and if it is to be given, under what conditions.
    • Monitoring, compliance, enforcement and environmental auditing: This stage monitors whether the predicted impacts and the mitigation efforts happen as per the EMP.

  • What are MK 54 torpedoes, AGM-84L Harpoon missiles that US has cleared for sale to India?

    The US has approved a military sale to India of 16 MK 54 all round up lightweight torpedoes and ten AGM-84L Harpoon Block II air-launched missiles. India plans to use the equipment requested in both the deals on the Indian Navy’s Boeing P-8I maritime aircraft.

    What is “Terminal High Altitude Area Defense (THAAD)” , sometimes seen in the news? (CSP 2018) .

    MK 54 lightweight torpedo

    • The MK 54 lightweight torpedo is known as the Lightweight Hybrid Torpedo (LHT).
    • It weighs around 608 pounds, while its warhead weighs around 96.8 pounds and is highly explosive.
    • The primary use of this equipment is for offensive purposes when deployed by anti-submarine warfare aircraft and helicopters, and for defensive purposes when deployed by ships and against fast, deep-diving nuclear submarines and slow-moving, quiet, diesel-electric submarines.

    AGM-84L Harpoon Block II air-launched missiles

    • The Harpoon missile system will be integrated into the P-8I aircraft to conduct anti-surface warfare missions in defence of critical sea lanes.
    • It uses GPS-aided inertial navigation to hit the designated target.
    • Its warhead weighs over 500 pounds and is capable of delivering lethal firepower against targets, including land-based targets, coastal defence sites, surface-to-air missile sites, exposed aircraft and industrial or port facilities.

    About P-8I aircraft

    • Boeing’s P-8s are designed for long-range anti-submarine warfare, anti-surface warfare and intelligence, surveillance and reconnaissance missions.
    • The P-8s India version is called the P-8I, and helps the Indian Navy carry out important maritime operations.
    • According to Boeing, the aircraft can surpass 25,000 flight hours, and gives the Navy a significant edge in the strategically important Indian Ocean.
    • India currently has eight of these aircraft and is scheduled to receive four more by 2022.

  • Making use of technology to trace Covid-19 cases

    The article argues for the greater adoption of technology in tracing the Covid-19. Taking a cue from the success of JAM and UPI, recently launched app Aarogya Setu could also be the next game-changer in the fight against the pandemic. However, there are several challenges that are also discussed here.

    Success story of domestic digital platforms

    • The success of two domestic digital payment platforms offers us an opportunity to show how the tracing of COVID-19 cases can be done at scale and with greater speed.
    • The JAM (Jan Dhan-Aadhaar-Mobile) trinity for DBTs (Direct Benefit Transfers) and UPI (Unified Payments Interface) have made India a technology leader in money transfers.
    • The JAM has lent efficiency to the transfer of funds to the needy.
    • It was drafted into action recently to channel payments to the more vulnerable who need help in dealing with the adverse economic consequences of the lockdown.
    • The UPI is emerging as a transaction vehicle of choice for all retail payments.
    • In March, 148 banks were on the UPI platform, helping process over 120 crore transactions worth over Rs 2 lakh crore.

    The success story of the UPI and JAM is important from the UPSC point of view. Riding on the success of these two, the Aarogya Setu could also become the third and help in the fight against the epidemic. So, we should be aware of the basics of its working and problems the app could face.

    How the Aarogya Setu works?

    • Widespread adoption is required: The success of India’s Aarogya Setu mobile application will depend on its widespread adoption.
    • Based on bluetooth technology: The app relies on bluetooth technology to map and deconstruct the contact history of individuals who may have come in contact with potential carriers of the coronavirus.
    • Exchange of information between apps: If two individuals are at the same place at the same time, their apps can exchange information-up to a maximum distance of about 15 feet.
    • Exchange of the above information is without the server knowing anything about it.
    • The app notifies users and authorities of individuals who are at risk.
    • Privacy safeguards: Some privacy safeguards have been put in place to ensure that individuals do not share personally identifiable information with each other but only with authorities — that too, in select cases.
    • A confidence-building measure would be to release the code for public scrutiny with the aim of further bolstering privacy standards.

    What are the possible challenges in the success of Aarogya Setu?

    • The distribution of the detection framework necessitates a rethink, beyond an app.
    • Issues with app download in India: Nandan Nilekani has underlined that app downloads in India are perhaps the most expensive compared to any other developed or fast-developing nation.
    • Despite the falling cost of data, Indian users consider several factors before downloading an app such as required storage space, the potential impact on battery and data usage.
    • Given India’s open internet, several publishers from across industries and geographies are vying for smartphone real estate.
    • Challenge involved: In such a situation, drawing attention to particular use-cases i.e. Aarogya Setu-howsoever urgent-is challenging.

    Following are the suggestions to overcome the shortcoming of the Aarogya Setu. Though they are for Aarogya Setu, we can apply these in other situations in which mobile technology bases app is used by the government in the larger public interest such as rescue operation or warnings in case of disaster.

    So, what could be the alternate strategy?

    • The alternative strategy involves using the reach of the other famous apps (for ex. Paytm) to do what we want to do i.e. tracing by delinking.
    • Delinking involves separating the technology we want to use for tracing (the backend) from the channels (the front end).
    • A fine-tuned backend can be pushed to, and used by, publishers (other apps) who already have the reach.
    • Similarity with UPI: This is akin to the UPI being used by several banks and technology firms for payment.
    • The government did build its frontend in the form of the BHIM (Bharat Interface for Money) app but mostly for signalling purposes.
    • In the current context, the government can consider using its own app for tracing and for additional use-cases such as passes and approvals for movement when the lockdown is gradually eased out.
    • It could even host other health-related features.
    • Expanding its ambit and making it a conduit like JAM will likely increase the incentive for people to embrace it.

    Limitations of using GPS and Bluetooth for tracing in India

    • Another area where improvisations are called for is the tooling for tracking.
    • While reports have indicated that the developers are using bluetooth for tracing and are also capturing GPS coordinates, both users and device manufacturers limit their usage of these technologies in favour of other optimisations.
    • Users are concerned with both data and battery usage while device manufacturers kill background jobs even if the publishers have sought and secured permissions from users.
    • These tendencies are pronounced on Android, the dominant mobile operating system in India.
    • What are the other options? In such a scenario, developers ought to think about using other techniques.
    • For instance, using cell tower data and WiFi identifiers to bolster tracing efforts.
    • This is especially important in a context where only a third of our population has smartphones and even fewer people have devices with bluetooth capability.
    • Even the recently announced Google-Apple partnership may not have meaningful results in this setting.

    Conclusion

    With the potential ramifications of COVID-19’s spread in India and across the globe, the nation’s recent history of technological successes and a government committed to agile governance, the pandemic presents an opportunity for the country to show its people and the world how technology is a force of good.

  • Ambedkar and the Poona Pact

    Yesterday was the birth anniversary of Dr B.R. Ambedkar, the chief architect of our constitution. On that occasion, author of the news (originally published in TH) highlights the significance of Poona Pact in the formation of our Constitution.

    The Poona Pact of 1932 is a landmark event in India’s struggle for independence. It marked the start of social justice movement in the country under the leadership of Dr. Ambedkar.

    What is Poona Pact?

    • In late September 1932, B.R. Ambedkar negotiated the Poona Pact with Mahatma Gandhi.
    • The background to the Poona Pact was the Communal Award of August 1932, which, among other things, reserved 71 seats in the central legislature for the depressed classes.
    • The Award was made by then British PM Ramsay MacDonald on 16 August 1932 to extended separate electorate.
    • It aimed to grant separate electorates in British India for the Forward Caste, Lower Caste, Muslims, Buddhists, Sikhs, Indian Christians, Anglo-Indians, Europeans and then Untouchables.
    • Gandhi, who was opposed to the Communal Award, saw it as a British attempt to split Hindus, and began a fast unto death to have it repealed.

    How Poona Pact defeated the Communal Award?

    • Reserved seats: In a settlement negotiated with Gandhi, Ambedkar agreed for depressed class candidates to be elected by a joint electorate.
    • More representation: On his insistence, slightly over twice as many seats (147) were reserved for the depressed classes in the legislature than what had been allotted under the Communal Award.
    • Doors opened for Public Services: In addition, the Poona Pact assured a fair representation of the depressed classes in the public services while earmarking a portion of the educational grant for their uplift.
    • Social acceptance: The Poona Pact was an emphatic acceptance by upper-class Hindus that the depressed classes constituted the most discriminated sections of Hindu society.
    • Increased political say: It was also conceded that something concrete had to be done to give them a political voice as well as a leg-up to lift them from backwardness they could not otherwise overcome.

    Significance of the pact

    • The concessions agreed to in the Poona Pact were precursors to the world’s largest affirmative programme launched much later in independent India.
    • It would also not have been lost on him that Muhammad Ali Jinnah, with the separatist tendencies strongly backing him, was watching and waiting to take advantage of the evolving situation.
    • A slew of measures was initiated later to uplift Scheduled Castes and Scheduled Tribes.

    Major outcomes

    • The Poona Pact emphatically sealed Ambedkar’s leadership of the depressed classes across India.
    • He made the entire country, and not just the Congress Party, morally responsible for the uplift of the depressed classes.
    • Most of all he succeeded in making the depressed classes a formidable political force for the first time in history.

  • What is pooled testing, recommended by the ICMR?

    The Indian Council of Medical Research (ICMR) has issued an advisory for using pooled samples for testing of COVID-19 in order to increase the number of tests conducted by laboratories across the country.

    COVID-19 containment measures are pacing up across the country. However, it is argued that we are lagging in the number of tests to be carried out.  With certain limitations, pooled testing promises an edge over individual testings of suspected patients.

    What is pooled testing?

    • In a pooled testing algorithm, samples of multiple individuals are put together in a tube and screened through the PCR test.
    • In case the pooled test turns out to be positive, individual samples are tested, which is referred to as pool de-convolution.
    • If there’s no positive result, all individual samples in the pool are regarded as negative, resulting in substantial cost savings.

    What the ICMR has recommended?

    • ICMR has advised that while more than two samples can be pooled together, the number should not exceed five samples to avoid sample dilution, which can lead to false negatives.
    • This method can be used in areas where the prevalence of COVID-19 is low, which means a positivity rate of less than two per cent.
    • In areas with a positivity rate between two to five per cent, sample pooling of PCR screening may be considered in a community survey of surveillance among asymptomatic individuals.
    • Samples of individuals with known contact with confirmed cases or healthcare workers should not be included in the pooled samples.
    • Also, ICMR has said pooling of sample is not recommended in areas or population with positivity rates of over five per cent.

    Benefits of pooled testing

    • Using this method, substantial costs and testing kits are saved.
    • For instance, if a pooled sample consists of the samples of five individuals and it tests negative, the cost of four testing kits is saved and more number of people are covered with fewer resources.
    • Significantly, pooled screening can also help in tracking down the asymptomatic cases of the disease, thereby tracking community transmission.
    • But in case the sample tests positive, all individuals need to be tested separately.

  • [pib] CollabCAD tool to create 3D Computer Aided Designs

    Atal Innovation Mission, NITI Aayog and National Informatics Centre (NIC) jointly launched CollabCAD.

    CollabCAD

    • It is a computer-enabled software system which provides a total engineering solution from 2D drafting & detailing to 3D product design.
    • It helps the user to build models in virtual 3d space and create and engineering drawings for the shop floor which makes it a complete package for smart manufacturing.
    • The aim of this initiative is to provide a great platform to students of Atal Tinkering Labs (ATLs) across the country to create and modify 3d designs with free flow of creativity and imagination.
    • This software would also enable students to create data across the network and concurrently access the same design data for storage and visualization.

    Back2Basics: Atal Innovation Mission (AIM)

    • The Atal Innovation Mission (AIM) is a flagship initiative set up by the NITI Aayog to promote innovation and entrepreneurship across the length and breadth of the country.
    • AlM’s objectives are to create and promote an ecosystem of innovation and entrepreneurship across the country at school, university, research institutions, MSME and industry levels.
    • At the school level, AIM establishes Atal Tinkering Labs (ATL) in all districts across India. ATLs provide tinkering spaces to children to hone their innovative ideas and creativity.
    • At the university, NGO, SME and Corporate industry levels, AIM is setting up world-class Atal Incubators (AICs) that would trigger and enable successful growth of sustainable startups in every sector.

  • [pib] Swayam Prabha TV Channels

    The HRD Ministry has taken several prompt, new and unique initiatives to ensure that the education of learners should not get affected by the challenging situation arising out of COVID 19. One of them is Swayamprabha TV channels.

    There are various web/portals/apps with peculiar names such as YUKTI, DISHA, SWAYAM etc. Their core purpose is similar with slight differences. Pen them down on a separate sheet under the title various digital HRD initiatives.

    SWAYAM Prabha

    • The SWAYAM Prabha is a group of 32 DTH channels devoted to telecasting of high-quality educational programmes on a 24X7 basis using the GSAT-15 satellite.
    • The channels are uplinked from BISAG, Gandhinagar. The contents are provided by NPTEL, IITs, UGC, CEC, IGNOU, NCERT and NIOS.
    • The INFLIBNET Centre maintains the web portal.
    • Every day, there will be new content for at least 4 hours which would be repeated 5 more times in a day, allowing the students to choose the time of their convenience.

    The DTH Channels shall cover the following:

    Higher Education: Curriculum-based course contents at post-graduate and under-graduate level covering diverse disciplines such as arts, science, commerce, performing arts, social sciences and humanities, engineering, technology, law, medicine, agriculture, etc.

    School education (9-12 levels): Modules for teacher’s training as well as teaching and learning aids for children of India to help them understand the subjects better and also help them in preparing for competitive examinations for admissions to professional degree programmes.

    Curriculum-based courses: These channels can meet the needs of life-long learners of Indian citizens in India and abroad.

    Back2Basics: SWAYAM Portal

    • SWAYAM is a Hindi acronym that stands for “Study Webs of Active-Learning for Young Aspiring Minds” is an Indian Massive open online course (MOOC) platform.
    • It is an initiative launched by the Ministry of HRD, under Digital India to give a coordinated stage and free entry to web courses, covering all advanced education, High School and skill sector courses.
    • It was launched on 9th July 2017 by Honorable President of India.
    • The platform offers free access to everyone and hosts courses from class 9 till post-graduation.
    • It enables professors and faculty of centrally funded institutes like IITs, IIMs, IISERs, etc. to teach students.

  • Removal of AP State Election Commissioner by ordinance route

    The removal of the SEC by the ordinance route raises the question over the legality of the move. And if it passes the judicial scrutiny it would harm the independence of the body.

    The legality of the removal and its implication for free and fair elections

    • The fact that it was the culmination of an open conflict between the Election Commissioner and Chief Minister makes it a glaring instance of misuse of power.
    • The State government got the Governor to issue an ordinance to cut the SEC’s tenure from five to three years.
    • The ordinance also amended the criterion for holding that office from being an officer of the rank of Principal Secretary and above to one who had served as a High Court judge.
    • This automatically rendered the SEC’s continuance invalid.
    • Last month, just days before the local body polls were to be held, the SEC postponed the elections, citing the COVID-19 outbreak.
    • The State government approached the Supreme Court, but the court declined to interfere.
    • Having exhausted its legal remedy, the government should have waited for the ongoing fight against the disease to be over.
    • The Chief Minister has no legal right to terminate the SEC’s tenure.
    • The Constitution makes the holder of that post removable only in the same manner as a High Court judge.
    • If courts uphold this means of dislodging the head of an independent election body, it would mark the end of free and fair elections.

    Past judgements on the issue

    • The State government seems to have gone by legal opinion that citedAparmita Prasad Singh vs. State of U.P. (2007).
    • Cessation of term vs. removal: In that judgement the Allahabad High Court ruled that cessation of tenure does not amount to removal, and upheld the State Election Commissioner’s term being cut short.
    • The Supreme Court, while dismissing an appeal against the order, kept open the legal questions arising from the case.

    UPSC can frame the question based on the judgement in case by the SC and its implication for the independence of the body in conducting the fair, free and impartial election.

    Issues arising out of the past judgements

    • The judgment seems erroneous, as it gives freedom to the State government to remove an inconvenient election authority by merely changing the tenure or retirement age.
    • This was surely not what was envisioned by Parliament, which wrote into the Constitution provisions to safeguard the independence of the State Election Commission.
    • It is a well-settled principle in law that what cannot be done directly cannot be done indirectly.
    • Therefore, the removal of an incumbent SEC through the subterfuge of changing the eligibility norms for an appointment may not survive judicial scrutiny.
    • Prohibition on the variation of condition of service: Further, the Constitution, under Article 243K, prohibits the variation of any condition of service to the detriment of any incumbent.
    • Even if the State government argues that a change of tenure does not amount to varying the conditions of service, the new norm can only apply to the successor SEC, and not the one holding the office now.

    Conclusion

    In order to ensure the independence of the SEC and free and fair elections, legality of the move should not pass the legal scrutiny. Even if it passes the legal scrutiny the government should amend this provision avoid such instances in the future.