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GS Paper: GS2

  • Shedding The Colonial Legacy By Promoting Mother Languages

    Colonial

    Central idea

    • Former Vice President of India, M Venkaiah Naidu, has emphasized the importance of shedding the colonial legacy in India by promoting and creating content in mother languages. He has pointed out that during the colonial era, the British rulers-imposed English as the language of administration, education, and communication, which led to the neglect of Indian languages.

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    Colonial

    International Mother Language Day

    • In November 1999, UNESCO declared February 21 as International Mother Language Day in response to the declining state of many languages all over the world.
    • This year’s theme, “Multilingual education a necessity to transform education,” underscores the importance of using multiple languages in framing an impactful system of education.
    • It is appropriate, therefore, that revitalising languages that are disappearing or are threatened with extinction is one of the themes of Mother Language Day this year

    The International Mother Language Day has added significance: Indian context

    • India’s Linguistic heritage: India is an ancient repository of hundreds of languages and thousands of dialects with rich linguistic and cultural diversity. Our languages, which are an integral part of our ancient culture, give us a sense of identity.
    • The threat westernisation poses: The International Mother Language Day has added significance in the Indian context because of the threat westernisation poses to the survival of as many as 42 of our dialects and languages which have fewer than 10,000 users.
    • Grim situation of not having access to education in their mother tongue: The situation is equally grim all over the world with 40 per cent of the speakers of 6,700 languages not having access to education in their mother tongue.

    Colonial

    Highlighting the significance of Mother tongue

    • To express deepest feelings: It is in our mother tongue that we express, with authenticity, our, feelings, values and ideals, as also our literary endeavours.
    • Homeland of our innermost thoughts: The former UNESCO Director-General, Koichiro Matsura, highlighted the irreplaceable significance of one’s mother tongue when he observed that the languages, we learn from our mothers are the homeland of our innermost thoughts.
    • Science must be taught in mother tongue: The Nobel Prize-winning Physicist C V Raman said, “We must teach science in our mother tongue. Otherwise, science will become a highbrow activity. It will not be an activity in which all people can participate.”
    • Better performance: A number of studies have shown that children who learn in their mother tongue in their formative years perform better than those taught in an alien language.
    • View of Gandhiji: Writing in Young India in 1921, Mahatma Gandhi spoke with concern, of the strain of the foreign medium which turned “our children into crammers and imitators.” Gandhiji foresaw how “the foreign medium has made our children practically foreigners in their own land.

    Colonial legacy

    • It been 75 years, still carrying the colonial legacy: Even as we celebrate Azadi ka Amrit Mahotsav, to mark 75 years of Independence, we have not been able to shed this colonial legacy of dependence on English.
    • Mother tongue as a second language: Educators and parents continue to accord unquestioned primacy to English and, as a result, the child is compelled to study his or her mother tongue as a second/third language at school.
    • Building barriers in the path of our progress: Our emphasis on English has, ironically, made the educational system exclusive and restrictive. As a result, while limiting the acquisition of knowledge in technical and professional courses, to a select few, we made it inaccessible to a vast majority of our students.

    Colonial

    Shedding the colonial legacy

    • The National Education Policy (NEP): The NEP 2020 is a farsighted document which advocates education in one’s mother tongue right from the primary-school level.
    • BTech programmes in 11 native languages: Prime Minister Narendra Modi, in his address in 2021, marking the first anniversary of the National Education Policy (NEP), hailed the AICTE’s landmark decision to permit BTech programmes in 11 native languages.
    • Promotion of mother tongue education in colleges and universities: The UGC has, in a welcome move, written to governors and chief ministers of various states to give a fillip to measures for the promotion of mother tongue education in colleges and universities.
    • For instance: In a survey conducted by AICTE in February last year of over 83,000 students, nearly 44 per cent voted in favour of studying engineering in their mother tongue, highlighting its necessity.
    • Initiative to give prominence to native language: The Centre’s initiative to give prominence to native languages in employment and job creation is a welcome step.
    • Examinations in native languages: It is also heartening that the Staff Selection Commission has decided to conduct examinations in 13 Indian languages in addition to Hindi and English.
    • Supreme court verdicts accessible in all Indian languages: Similarly, the Supreme Court’s decision to make verdicts accessible in all Indian languages is of great significance.

    Colonial

    Conclusion

    • NEP’s emphasis on mother tongue as the medium of instruction will instil confidence in students belonging to poor, rural and tribal backgrounds. These steps need to be scaled up at all levels. Moreover, we must hasten the process of content creation in mother languages, especially with respect to technical and professional courses. Leveraging technology will drive development in this respect.

    Mains Question

    Q. India has rich linguistic diversity. In this backdrop discuss the importance of mother language specifically in education policy.

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  • Marital age: Laws Are Not Enough As Enforcement Is Poor

    age

    Central Idea

    • Recently, the Supreme Court dismissed a petition seeking to increase the minimum age of marriage of women in India from 18 years to 21 years. The Chief Justice of India, D.Y. Chandrachud, noted that the power to amend the law lies with Parliament.

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    The Prohibition of Child Marriage (Amendment) Bill, 2021

    • Amendment to the Prohibition of Child Marriage Act, 2006: The Prohibition of Child Marriage (Amendment) Bill, 2021 is a proposed amendment to the Prohibition of Child Marriage Act, 2006, which is an Indian law that prohibits the marriage of children below the age of 18 for girls and 21 for boys.
    • Aim to strengthen the existing laws: The bill was introduced in the Indian Parliament in March 2021 with the aim of strengthening the existing law and further protecting the rights of children. Some of the key provisions of the bill include
    • Referred to the Standing Committee: But after Opposition MPs demanded greater scrutiny of the Bill, it was referred to the Parliamentary Standing Committee.

    Why the age of marriage of women matters?

    • Age of marriage has bearing on maternal mortality rates, fertility levels, nutrition of mother and child, sex ratios, and, on a different register, education and employment opportunities for women.
    • It is also argued that other factors such as poverty and health services were far more effective as levers for improving women’s and children’s health and nutritional status.

    Some of the key provisions of the Bill

    • Making registration of marriages mandatory: The bill proposes to make registration of all marriages, including child marriages, mandatory. This is aimed at improving the implementation of the law and making it easier to track and prevent child marriages.
    • Making child marriages voidable: The bill proposes to make child marriages voidable at the option of the contracting party who was a child at the time of marriage. This means that a child who was married before the age of 18 can seek to have the marriage declared void, provided it is done within two years of attaining adulthood.
    • Punishment for promoting or permitting child marriage: The bill proposes to increase the punishment for promoting or permitting child marriage. The punishment for such offences will now be imprisonment of up to two years and/or a fine of up to one lakh rupees.

    age

    Scrutiny before passing it?

    • Despite of the legal age girl married before their 18th birthday: The caution exercised by the Supreme Court and the advice of the Opposition MPs to scrutinise the Bill before passing it is well grounded. This is because, despite the legal age of marriage for women being 18 years, almost 23% of women who were aged between 20 and 24 years in 2019-21 married before their 18th birthday.
    • State wise: In fact, in the eastern States of Bihar and West Bengal, the share was over 40% In Assam, Andhra Pradesh and Rajasthan, the share was over 25%. The share was below 10% in Kerala, Himachal Pradesh, Punjab and Uttarakhand, among other States.
    • Less no of cases reported despite of high prevalence: Despite such a high share of women marrying before turning 18 years, only 1,050 cases were registered under The Prohibition of Child Marriage Act in 2021, according to the National Crime Records Bureau.
    • Question of enforcement gets even bigger: With the Bill proposing to raise the legal age from 18 to 21, the question of enforcement gets even bigger. In India, over 60% of women who were aged between 25 and 29 in 2019-21 married before their 21st birthday. In the eastern States of Bihar and West Bengal, the share was over 70%.

    Way ahead

    • While laws can be changed, enforcement may remain weak as underage marriages are rarely reported.
    • Education, more than wealth, determines women’s marital age
    • Better-educated women have had more control over when they should get married for decades now.
    • The Data Point also showed that due to awareness and better negotiation powers, younger women have pushed up their median marriage age by many years compared to their mothers and grandmothers.

    age

    Conclusion

    • Overall, the Prohibition of Child Marriage (Amendment) Bill, 2021 is an important step towards strengthening the legal framework to prevent child marriages in India and ensuring that children are protected from this harmful practice. However, raising the bar alone may not be sufficient. Enforcement while emphasizing education awareness will be the key.

    Mains Question

    Q. While laws can be changed, enforcement may remain weak as underage marriages are rarely reported In this light discuss why the age of marriage of women matters?

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  • Digital Personal Data Protection Bill: Need A Pre-legislative Consultation

    protection

    Central Idea

    • The Ministry of Electronics and Information Technology has drafted a Digital Personal Data Protection (DPDP) Bill. A data protection law must safeguard and balance peoples’ right to privacy and their right to information, which are fundamental rights flowing from the Constitution. Unfortunately, this Bill fails on both counts.

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    Why do we need data protection?

    • Increasing internet use: India currently has over 750 million Internet users, with the number only expected to increase in the future.
    • Data breaches: At the same time, India has among the highest data breaches in the world. Without a data protection law in place, the data of millions of Indians continue to be at risk of being exploited, sold, and misused without their consent.
    • Individual privacy: Data monetization may happen at cost of individual privacy. The most sought-after datasets are those that contain sensitive personal data of individuals, ex. medical history, and financial data.
    • Lack of writ proceedings against corporate action: Unlike state action, corporate action or misconduct is not subject to writ proceedings in India. This is because fundamental rights are, by and large, not enforceable against private non-state entities. This leaves individuals with limited remedies against private.

    DPDP Bill, 2022 is based on seven principles

    According to an explanatory note for the bill, it is based on seven principles-

    • Lawful use: The first is that “usage of personal data by organisations must be done in a manner that is lawful, fair to the individuals concerned and transparent to individuals.”
    • Purposeful dissemination: The second principle states that personal data must only be used for the purposes for which it was collected.
    • Data minimisation: Bare minimum and only necessary data should be collected to fulfill a purpose.
    • Data accuracy: At the point of collection. There should not be any duplication.
    • Duration of storage: The fifth principle talks of how personal data that is collected cannot be “stored perpetually by default,” and storage should be limited to a fixed duration.
    • Authorized collection and processing: There should be reasonable safeguards to ensure there is “no unauthorised collection or processing of personal data.”
    • Accountability of users: The person who decides the purpose and means of the processing of personal data should be accountable for such processing.

    Why the Bill must be put through a process of rigorous pre-legislative consultation?

    • Dilutes the provisions of the Right to Information (RTI) Act: The Bill seeks to dilute the provisions of the Right to Information (RTI) Act, which has empowered citizens to access information and hold governments accountable. It is behind the cloak of secrecy that the rights of individuals are most frequently abrogated, and corruption thrives.
    • Fails to safeguard right to privacy: Proposed Bill creates wide discretionary powers for the Central government and thus fails to safeguard people’s right to privacy.
    • For instance: Under Section 18, it empowers the Central government to exempt any government, or even private sector entities, from the provisions of the Bill by merely issuing a notification.
    • The Bill does not ensure autonomy of the Data Protection Board: Given that the government is the biggest data repository, it was imperative that the oversight body set up under the law be adequately independent to act on violations of the law by government entities. The Bill does not ensure autonomy of the Data Protection Board, the institution responsible for enforcement of provisions of the law.
    • Government direct control over the Data Protection Board: The Central government is empowered to determine the strength and composition of the Board and the process of selection and removal of its chairperson and other members.
    • Serious apprehensions of its misuse by the executive: The Central government is also empowered to assign the Board any functions under the provisions of this Act or under any other law.
    • Going digital by design fails to those who do not have meaningful access: The Bill stipulates that the Data Protection Board shall be ‘digital by design’, including receipt and disposal of complaints. As per the latest National Family Health Survey, only 33% of women in India have ever used the Internet. The DPDP Bill, therefore, effectively fails millions of people who do not have meaningful access to the Internet.

    Conclusion

    • The government has been given the power to exempt not only government agencies but any entity that is collecting user data, from having to comply with the provisions of this bill when it is signed into law.

    Mains question

    Q. It is behind the cloak of secrecy that the rights of individuals are most frequently abrogated, and corruption thrives. Discuss.

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  • Disqualification of Sitting MP: The Conundrum

    Central Idea

    • The instance where the Kerala High Court, in January this year, suspended the verdict passed by the Kavaratti District and Sessions Court (in an attempt to murder case) in which the then sitting Member of Parliament (MP) of Lakshadweep was sentenced to 10 years in jail. The issue is on whether disqualification for conviction is final or whether it can be revoked. This issue can arise whenever a legislator is disqualified.

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    The background: Facts are as follows

    • The facts are as follows. Mr. Faizal The then sitting MP of Lakshadweep was convicted by the Kavaratti sessions court on January 11 for attempt to murder, and sentenced to 10 years imprisonment.
    • On January 13, the Lok Sabha announced that he was disqualified as an MP with effect from the date of conviction.
    • On January 18, the Election Commission of India (ECI) fixed February 27 as the date for by-election to that constituency, with the formal notification to be issued on January 31.
    • Faizal appealed to the Kerala High Court for a stay on his conviction and sentence, which the High Court suspended on January 25.
    • The High Court suspended Faizal Faizal’s conviction due to the cost of a parliamentary election and the disruption of developmental activities in Lakshadweep.
    • Faizal challenged the ECI’s announcement in the Supreme Court of India. On January 30, the ECI said it was deferring the election.

    The specific provisions

    • The provision for disqualification is given in Article 102 of the Constitution: It specifies that a person shall be disqualified for contesting elections and being a Member of Parliament under certain conditions. These include holding an office of profit, being of unsound mind or insolvent, or not being a citizen of India. It also authorises Parliament to make law determining conditions of disqualifications.
    • The Representation of the People Act (RPA), 1951: The RPA provides that a person will be disqualified if convicted and sentenced to imprisonment for two years or more. The person is disqualified for the period of imprisonment and a further six years.
    • Exception for the sitting members: There is an exception for sitting members; they have been provided a period of three months from the date of conviction to appeal; the disqualification will not be applicable until the appeal is decided.

    A case of differential treatment of candidates

    • Challenges under Article 14 of the constitution: The differential treatment of candidates for elections and sitting members was challenged under Article 14 (right to equality).
    • Prabhakaran vs P. Jayarajan: A Constitution Bench of the Supreme Court, in 2005 (K. Prabhakaran vs P. Jayarajan), decided that the consequences of disqualifying a contestant and a sitting member were different.
    • Reasoning behind treating differently: The strength of the party in the legislature would change, and could have an adverse impact if a government had a thin majority. It would also trigger a by-election. Therefore, it was reasonable to treat the two categories differently.
    • Lily Thomas vs Union of India: In 2013, a two-judge Bench of the Supreme Court again considered whether this exception was constitutionally invalid (Lily Thomas vs Union of India). It stated that Article 102 empowers Parliament to make law regarding disqualification of a person for being chosen as, and for being, a member of either House of Parliament.
    • Exception for sitting members was unconstitutional: The judgment stated that making an exception for sitting members was against the constitution. As per Article 101, if a Member of Parliament is disqualified under Article 102, their seat will become vacant immediately. This means that if the conditions outlined in Article 102 are met, the disqualification will take effect automatically and immediately.

    What is the confusion?

    • In Navjot Singh Sidhu case, Supreme Court stayed his conviction: Navjot Singh Sidhu, an MP, was convicted and sentenced to three years imprisonment. He resigned from his seat but wanted to contest the election and appealed for a stay on his conviction. In 2007, the Supreme Court stayed his conviction, which removed the disqualification until the appeal was decided, allowing him to contest the election.
    • Question arises In Kerala case: The Lakshadweep seat was declared vacant, but the Election Commission of India (ECI) announced deferring the by-election after a stay order was granted. The Lok Sabha has kept the seat vacant and has not reinstated the MP. The question is whether the disqualification can be backdated, as if it never happened, and the election avoided. Or, whether the disqualification is removed only from the date of the stay order, and the vacated seat can be filled only through a by-election.
    • Conundrum and Implications: The conundrum arises because the Lily Thomas judgment requires the seat to be vacated immediately upon disqualification, whereas the Kerala High Court stay aims to keep the MP in the seat until the appeal is decided. The answer to this issue will have implications for similar cases in the future.

    Conclusion

    • As India continues to strengthen its democratic system, one important issue that needs resolution is determining the correct answer for when a disqualification is removed for a sitting member of parliament who has been granted a stay on their conviction. The conflicting court judgments and constitutional provisions only highlight the need for a clear and definitive resolution to this issue, which will undoubtedly enhance the credibility and legitimacy of the Indian political system.

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  • Debating the Abolition of Judicial Vacations

    Central Idea

    • The longstanding tradition of judicial vacations in India has come under scrutiny as a parliamentary committee.
    • Recent remarks by Chief Justice DY Chandrachud reignited discussions on the allocation of vacation days to Indian judges, shedding light on the intricate dynamics of judicial work patterns and the rationale behind vacation allotments.

    Vacation in Judiciary

    • Judicial Workdays: The Supreme Court has 193 working days annually, High Courts function around 210 days, and trial courts operate for 245 days. High Courts possess the authority to structure their calendars as per service rules.
    • Long-standing Practice: The practice of vacations, particularly the extensive 7-week (formerly 10-week) summer recess, has its origins in colonial times.

    Understanding Vacation Benches

    • Composition and Role: The CJI appoints a Vacation Bench, a specialized court that operates during the Supreme Court’s summer and winter breaks. Although the court is not fully closed during vacations, this bench handles cases deemed “urgent matters.”
    • Urgent Cases: While there is no explicit definition for “urgent matters,” the Vacation Bench typically entertains writs associated with habeas corpus, certiorari, prohibition, and quo warranto, all related to enforcing fundamental rights.
    • Rule 6 of Order II of the Supreme Court Rules, 2013: Under this rule, the CJI nominates Division Benches for urgent miscellaneous and regular hearing matters during the summer vacation period. The rule allows for the appointment of judges to hear urgent cases individually or in a Division Court.

    Historical Significance and Notable Cases:

    • Impactful Decisions: Vacation Benches have delivered significant judgments in the past. A well-known instance is when a Vacation Bench Judge refused PM Indira Gandhi’s plea to stay an Allahabad High Court decision in 1975, which led to the Emergency declaration.
    • Triple Talaq Case: In 2017, a Vacation Bench of the Supreme Court heard the triple talaq case during vacation days.

    Debates and Arguments Surrounding Vacation Benches

    [A] Arguments in Favor:

    • Judicial Rejuvenation: Advocates emphasize the need for vacation periods to provide judges with mental and physical rejuvenation.
    • Extended Work Hours: Considering the demanding nature of judicial work, proponents assert that the long working hours necessitate periodic breaks.
    • Writing Judgments: Judges use vacation time to draft judgments, contributing to the timely disposal of cases.

    [B] Arguments Against:

    • Pendency and Delays: Critics argue that the extended and frequent vacations exacerbate the backlog of cases and contribute to the slow pace of justice delivery.
    • Inconvenience to Litigants: For litigants, vacations translate to additional delays in case hearings.

    Calls for Reform

    • Malimath Committee (2000): The committee proposed reducing vacation periods by 21 days, advocating for the Supreme Court to operate for 206 days and High Courts for 231 days annually.
    • Law Commission of India (2009): The commission recommended curtailing vacations by 10-15 days and extending court working hours to address the substantial backlog of cases.
    • Supreme Court’s 2014 Rule Change: The Supreme Court truncated the summer vacation period from 10 weeks to seven weeks.
    • RM Lodha Commission (2014): It suggested that individual judges should take leave at different times throughout the year instead of having all judges on vacation at once.

    Proposed Approach and Suggested Changes

    • Continuous Operation: The 133rd committee supports the notion that individual judges should take their leave at different intervals, thereby ensuring that the courts remain open throughout the year.
    • Redefined Judicial Vacations: The parliamentary report calls for a reevaluation of the traditional concept of vacations, advocating for a more modern and efficient approach to court operation.
    • Comparison with Other Countries: The report suggests that the vacation practices of the Supreme Court and High Courts should be reviewed in comparison to other countries’ higher courts and constitutional institutions.

    Conclusion

    • The debate surrounding the abolition of judicial vacations in India emphasizes the necessity for a dynamic and effective approach to court operations.
    • While the tradition has historical significance, the current judicial landscape calls for a re-evaluation of practices to ensure efficient functioning, address the backlog of cases, and minimize inconveniences to litigants.

  • Organ transplant rules In India: A Significant Step

    transplant

    Central Idea

    • The changes to the organ transplant rules announced by the Union health ministry last week, are small, but significant, steps towards giving a new lease of life to many people with failing organs. Despite of performing the third-the greatest number of transplants in the world, only about 0.01 percent of Indians donate their organs after death, according to the World Health Organization.

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    What are the changes introduced?

    • No age ceiling for organ receivers: With the new changes, patients who are 65 years and older can now register for receiving organs from a deceased donor. Now an individual of any age can register for organ transplant.
    • Previously: Previously, the upper age limit for registering patients requiring organs from deceased donors was 65 years, but this ceiling has now been removed.
    • No domicile criteria for receivers: Eliminate the domicile criterion for registering to receive organs, so that patients in need can register in any state.
    • Previously: Currently, certain states restrict registration for deceased organ donors to only those who are domiciled in the state or give them preference. Organs harvested in one state are first shared with other hospitals within the same state, then in the region and then share nationally on the occasion that no match was found.
    • No registration fees: The ministry has also requested that states not impose any fees on patients seeking registration for organ transplantation, as it violates the 2014 Transplantation of Human Organs and Tissues Rules.
    • Previously: States such as Maharashtra, Kerala, Gujarat, and Telangana charge between Rs 5,000 and Rs 10,000 to register patients who need an organ replacement. The health ministry has rightly directed these states to stop charging this fee.

    Where does India stand?

    • Third Highest number of transplants in the world: India conducts the third highest number of transplants in the world every year. Yet barely four per cent of the patients who require a liver, heart or kidney transplant manage to get one.
    • Organ transplants has significantly increased over the past decade: According to latest available official data, the number of organ transplants has significantly increased over the past decade. In 2013, there were 4,990 organ transplants, whereas in 2022, there were 15,561 a jump of 211 percent.
    • Kidney transplants: Specifically, the number of kidney transplants from living donors increased by approximately 181 percent from 3,495 in 2013 to 9,834 in 2022. The number of kidney transplants from deceased donors increased by approximately 193 percent from 542 in 2013 to 1,589 in 2022.
    • Liver transplants: The total number of liver transplants from living donors increased by approximately 350 percent from 658 in 2013 to 2,957 in 2022, and from deceased donors, it increased by approximately 217 percent from 240 in 2013 to 761 in 2022. Deceased donors account for nearly 17 percent of all transplants in India.
    • Heart and Lung transplants: The total number of heart transplants increased by approximately 733 percent from 30 in 2013 to 250 in 2022, while lung transplants increased by approximately 500 percent from 23 to 138.
    • Government hospitals fall behind: Furthermore, private hospitals lead in organ transplants while numbers in government hospitals remain relatively low, sources said.

    transplant

    Challenges to Organ Donation in India

    • Lack of awareness: There is a lack of awareness among the general public about the importance of organ donation, the legal framework governing it, and the procedures involved. This can limit the number of potential donors.
    • Cultural beliefs and superstitions: In India, there are several cultural beliefs and superstitions that discourage organ donation. Some people believe that organ donation is against religious beliefs, or that it can impact the soul or afterlife.
    • Lack of infrastructure: India faces a shortage of hospitals and medical facilities that are equipped to handle organ transplantation. This can limit the availability of organs for transplantation.
    • Regulatory bottlenecks: While the legal framework exists, there is a lack of implementation and enforcement of the law. This can lead to issues such as organ trafficking and black-market activities.

    Did you know?

    • NOTTO Scientific Dialogue 2023 was organized to bring all the stakeholders under one roof to brainstorm ideas about interventions and best practices in the organ and tissue transplant field that can be taken up for saving lives.

    What is National Organ and Tissue Transplant Organization (NOTTO)?

    • NOTTO is a national level organization set up under Directorate General of Health Services, Ministry of Health and Family Welfare, Government of India.
    • It has following two divisions:
    • National Human Organ and Tissue Removal and Storage Network: It functions as apex Centre for All India activities of coordination and networking for procurement and distribution of Organs and Tissues and registry of Organs and Tissues Donation and Transplantation in the country
    • National Biomaterial Centre: The main thrust & objective of establishing the centre is to fill up the gap between ‘Demand’ and ‘Supply’ as well as ‘Quality Assurance’ in the availability of various tissues. The centre will take care of the Tissue allografts such as Bone and bone products, Skin graft, Cornea and Heart valves and vessel.

    Conclusion

    • The percentages are very likely to go up once the changes in the rules announced last week take effect. The organ shortage problem is, however, a complex one, that continues to confound planners, even in nations whose healthcare systems are far better equipped than that of India’s. There is a need to expand the number of institutions where surgeries and transplants are undertaken. A uniform policy, will help patients in seeking transplant from deceased donors at any hospital in the country, giving them a lot of flexibility.

    Mains Question

    Q. Despite of performing the third-the greatest number of transplants in the world, only about 0.01 percent of Indians donate their organs after death. Discuss the recent changes in the rules of transplantation suggested by Union Health Ministry.

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  • GST Appellate Tribunal gets nod

    The GST Council reached a broad consensus on setting up GST Appellate Tribunal; likely to be included in Finance Bill 2023.

    What is GST Appellate Tribunal?

    • The GST Appellate Tribunal is a quasi-judicial body proposed to be established to resolve disputes related to the Goods and Services Tax (GST) in India.
    • It will function as an independent body to hear appeals against orders passed by the GST authorities or the Appellate Authority.
    • The tribunal will be composed of a national bench and various regional benches, headed by a chairperson appointed by the central government.
    • The proposed tribunal is expected to help expedite the resolution of disputes related to GST and reduce the burden on the judiciary.

    Under GST, if a person is not satisfied with the decision passed by any lower court, an appeal can be raised to a higher court, the hierarchy for the same is as follows (from low to high):

    1. Adjudicating Authority
    2. Appellate Authority
    3. Appellate Tribunal
    4. High Court
    5. Supreme Court

    Why need such Tribunal?

    • Unburden judiciary: GST Appellate Tribunal will help resolve the rising number of disputes under the 68-month old indirect tax regime that are now clogging High Courts and other judicial fora.
    • Improve efficiency of GST System: Overall, the establishment of the GST Appellate Tribunal is expected to improve the efficiency and effectiveness of the GST system in India.
    • Independent mechanism: The proposed Tribunal will provide an independent and efficient mechanism for resolving disputes related to GST.
    • Avoid tax evasion: It will help to expedite the resolution of disputes, reduce the burden on the judiciary, and promote greater certainty and predictability in the GST system.

    Issues with present litigation

    • Compliance issues: The GST system is relatively new in India, having been implemented in 2017, and there have been several issues with compliance and interpretation of rules and regulations.
    • Complex adjudication hierarchy: The current dispute resolution mechanism involves multiple layers of adjudication, starting with the GST officer and as mentioned above.
    • Time consuming process: This process can be time-consuming, costly, and burdensome for taxpayers, especially small and medium-sized enterprises.

    How is it being established?

    • The proposed GST Appellate Tribunal is expected to be included in the Finance Bill 2023.
    • This means that it will become a part of the central government’s budget, and will have legal standing.

    Do you know?

    Income Tax Appellate Tribunal (ITAT) was the first Tribunal in India to be created on 25th January, 1941 and is also known as ‘Mother Tribunal’! And it functions under the Ministry of Law and Justice and not the obvious looking Ministry of Finance.

    Back2Basics: What is a Finance Bill?

    • A Finance Bill is a proposed legislation that is introduced by the government to implement the financial proposals of the Union Budget for the upcoming financial year in India.
    • It is a comprehensive document that outlines the government’s revenue and expenditure for the year, including changes in tax laws, tariffs, customs duties, and other fiscal measures.
    • Since the Union Budget deals with these things, it is passed as a Finance Bill.

    Types of Finance Bills

    • There are different kinds of Finance Bills — the most important of them is the Money Bill. The Money Bill is concretely defined in Article 110.
    • In India, there are three types of Finance Bills that can be introduced in the Parliament:
    1. Annual Finance Bill: This is the most common type of Finance Bill and is introduced by the government every year to give effect to the tax proposals announced in the Union Budget. It contains provisions related to taxation, expenditure, and revenue collection for the upcoming financial year.
    2. Finance Bill (Money Bill): A Money Bill is a type of Finance Bill that contains only provisions related to taxation and expenditure, but does not include any other matter. Money Bills are deemed to be passed by the Lok Sabha, the lower house of Parliament, and do not require approval from the Rajya Sabha, the upper house of Parliament.
    3. Finance Bill (Non-Money Bill): This type of Finance Bill contains provisions related to taxation and other matters, such as changes in the structure of regulatory bodies or the introduction of new policies. Unlike Money Bills, Non-Money Bills must be passed by both the Lok Sabha and the Rajya Sabha to become law.

    How is money bill different from Finance Bill?

    • A Money Bill is certified by the Speaker as such — in other words, only those Financial Bills that carry the Speaker’s certification are Money Bills.
    • Article 110 states that a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters:

    (a) the imposition, abolition, remission, alteration or regulation of any tax;

    (b) the regulation of the borrowing of money or any financial obligations undertaken

    (c) the custody of the consolidated Fund or the Contingency Fund of India, the payment of moneys into or the withdrawal of moneys from any such Fund;

    (d) the appropriation of moneys out of the consolidated Fund of India;

    (e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure;

    (f) the receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money or the audit of the accounts of the Union or of a State; or

    (g) any matter incidental to any of the matters specified in sub clause (a) to (f)

     

     

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  • The question in the minds of students: How to be future-ready?

    students

    Central Idea

    • Intelligent Machines are revealing glimpses of a future envisaged long ago in science fiction as they steadily morph from human-assist systems to systems-as-human. The currently indispensable face obsolescence. The question in the minds of students entering college is this: How to be future-ready?

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    Learn quickly to swim through these rapidly evolving times

    • Work at the edges of disciplines: Now, one not only needs to be competent in a major area but also learn new topics quickly and deeply and be able to work at the edges of disciplines, while innovating constantly.
    • Skills are new oil: Capability is judged not only by grades, but also by skills demonstrated in complex situations.
    • Rapidly changing times: Worth will also be measured vis-a-vis Artificial Intelligence. Critical and original thinking, quality communication, IQ-EQ balance, and ethics will remain important strengths for swimming through these rapidly evolving times.
    • Change is already in the air: Students and institutions are evolving, the former much faster, to assimilate advancements and prepare for the times ahead.
    • Colleges must enable students to follow flexible pathways: There are options for dual degrees, minors, specialisations across disciplines in their home institutions as well as certifications from worldwide venues. External experiences like internships in industry, academia, research institutions and start-ups add value to a candidate’s capability repertoire.

    students

    What is needed to prepare for entering the world?

    1. Move across disciplines
    • A combination of core and transdisciplinary professional competence: To be prepared for the future, one needs to learn new things quickly and thoroughly, constantly sharpening one’s cutting edge. This attitude needs to be ingrained at this stage.
    • Average performance and shallow knowledge are a recipe for disaster: It is also necessary to demonstrate personal excellence in a few relevant areas. Completing tasks well is really important.
    1. Learn to add value to machine intelligence
    • Grasp and utilise Automation effectively: Automation is not only relieving us of mundane work but slowly and steadily encroaching upon tasks meant for so-called intelligent humans and doing them better. One must effectively grasp and utilise it rather than fear and shy away.
    • For instance, learn from open sources: Many students are building amazingly smart systems using open-source platforms and off-the-shelf components with ambitions to take on giants.
    • Using Artificial Intelligence with consciously: Learning to add value to machine intelligence for solving complex problems better is the mantra here. For this, one needs to understand how it works, what are its current limitations and pitfalls, develop deeper insights and innovate. Blind usage of Artificial Intelligence could be dangerous.
    1. Learn to collaborate
    • Ability to work both alone as well as in a group: The next proficiency to develop is to be able to work both alone as well as in a group, to creatively ideate, lead and collaborate towards success. Often, people who work alone find it difficult working in a team and vice versa. Now both aptitudes are required.
    • Entrepreneurial spirit of sprinting is must: One requires a special bonding of steadiness with speed, constant ideation with dogged persistence. Such an entrepreneurial spirit of sprinting a long-distance race steadily, sometimes in a team, sometimes alone will be needed at every stage of a career, whether at the peak of success or in the trenches of failure.
    1. Remain human
    • Intellectual-emotional balance: Technology has an interesting way of transforming human beings into automatons without the victim being aware. With extensive usage, people begin to think and behave the way machines work. Therefore, a critical aspect to nurture is to remain human.
    • Learn to replenish the mind and body regularly: It is vital to nourish a soulful side through sports, arts, culture, philosophy and humanitarian work, not just as part of a curriculum, but as a passion where one can be blissfully immersed, forgetting everything else for some time.

    students

    Conclusion

    • In the rapidly-evolving world, the key to success is to be future-ready by developing a unique combination of skills that set us apart from machines. Colleges and universities must enable students to follow flexible pathways, combining core and transdisciplinary professional competence, completing tasks well, and developing personal excellence in relevant areas. By embracing these ideas and staying ahead of the curve, we can be confident in our ability to thrive in an increasingly automated and technology-driven world.

    Main question

    Q. The future of society is not as much dependent on whether machines will become human-like but more on whether humans will become machines. Discuss

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  • Supreme Court says NO to Sealed Cover suggestions

    seal

    Central idea: The Supreme Court has said it did not want to accept in a “sealed cover” the Centre’s suggestions on who could be the members of a committee the court had proposed to assess the market regulatory framework and recommend measures, if any, to strengthen it in the wake of the Adani-Hindenburg affair.

    What is the news?

    • The article is about a public interest petition filed in the Supreme Court that calls for the establishment of an expert panel to strengthen regulatory mechanisms related to the Adani Group.
    • The petitioners argue that the Adani Group has been able to bypass regulatory hurdles through its influence on government officials and agencies.

    What is Sealed Cover Jurisprudence?

    • It is a practice used by the Supreme Court and sometimes lower courts, of asking for or accepting information from government agencies in sealed envelopes that can only be accessed by judges.
    • A specific law does not define the doctrine of sealed cover.
    • The Supreme Court derives its power to use it from Rule 7 of order XIII of the Supreme Court Rules and Section 123 of the Indian Evidence Act of 1872.

    Need for sealed cover jurisprudence

    There are several reasons why sealed cover jurisprudence is used-

    • National security: For example, in cases involving sensitive information related to defense or intelligence agencies, the disclosure of such information in open court proceedings could compromise national security.
    • Individual privacy: It is also used to protect the privacy in cases involving sensitive personal information. In such cases, the court may allow the submission of such information in a sealed cover to protect the privacy of the individual concerned.
    • Protect commercial or trade secrets: In cases involving disputes between companies, the disclosure of confidential information related to their business operations could harm their commercial interests.

    Nature of the power: Upholding Secrecy

    • If the Chief Justice or court directs certain information to be kept under sealed cover or considers it of confidential nature, no party would be allowed access to the contents of such information.
    • There is an exception to this if the Chief Justice himself orders that the opposite party be allowed to access it.
    • It also mentions that information can be kept confidential if its publication is not considered to be in the interest of the public.
    • As for the Evidence Act, official unpublished documents relating to state affairs are protected and a public officer cannot be compelled to disclose such documents.

    Grounds of such secrecy

    Other instances where information may be sought in secrecy or confidence is when its publication:

    1. Impedes an ongoing investigation of cases related to national security
    2. Details that are part of the police’s case diary or
    3. Breaches the privacy of an individual

    Prominent cases of sealed jurisprudence

    Sealed cover jurisprudence has been frequently employed by courts in the recent past.

    (1) Rafale Deal

    • In the case pertaining to the controversial Rafale fighter jet deal, a Bench headed by CJI Ranjan Gogoi in 2018, had asked the Centre to submit details related to deal’s decision making and pricing in a sealed cover.
    • This was done as the Centre had contended that such details were subject to the Official Secrets Act and Secrecy clauses in the deal.

    (2) Bhima Koregaon Case

    • In the Bhima Koregaon case, in which activists were arrested under the Unlawful Activities Prevention Act.
    • The Supreme Court had relied on information submitted by the Maharashtra police in a sealed cover.

    Issues with such jurisprudence

    • Undermines open justice: This practice appears to be unfavorable to the principles of transparency and accountability of the Indian justice system.
    • Erodes public faith: It stands in contrast to the idea of an open court, where decisions can be subjected to public scrutiny.
    • Increases arbitrariness: It is also said to enlarge the scope for arbitrariness in court decisions, as judges are supposed to lay down the reasoning for their decisions.
    • Unfair trials: Besides, it is argued that not providing access to such documents to the accused parties obstructs their passage to a fair trial and adjudication.

    Way forward

    • Conduct an independent and thorough investigation: Inquire into the allegations raised in the petition, and take appropriate legal action against the Adani Group if they are found to have violated environmental regulations.
    • Establish an expert panel as suggested by the petitioners: To review the regulatory framework and suggest measures to strengthen it. The panel should include experts from various fields, including environmental science, law, and economics.
    • Ensure transparency and accountability in the regulatory process: Foster a culture of environmental awareness and responsibility among businesses by promoting sustainable and eco-friendly practices. This could involve providing incentives and support to companies that adopt such practices.
    • Review the use of sealed cover jurisprudence: Ensure that it is used judiciously and only in cases where it is necessary to protect sensitive or confidential information.

     

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  • How did Election Commission decide who gets Party Symbol?

    Central idea: A faction within a political party led by the Maharashtra CM has been officially recognized as the legitimate group by the Election Commission of India. The faction has been allotted the “bow and arrow” symbol and the original name for use in future elections.

    Why discuss this?

    • The allotment of election symbols can have a significant impact on the electoral fortunes of political parties and that the current system of allotment may need to be reviewed to ensure greater transparency and fairness.

    EC’s powers in Election Symbol Dispute

    • The question of a split in a political party outside the legislature is dealt by Para 15 of the Symbols Order, 1968.
    • It states that the Election Commission of India’s (ECI) may take into account all the available facts and circumstances and undertake a test of majority.
    • The decision of the ECI shall be binding on all such rival sections or groups emerged after the split.
    • This applies to disputes in recognized national and state parties.
    • For splits in registered but unrecognized parties, the EC usually advises the warring factions to resolve their differences internally or to approach the court.

    How did the EC deal with such matters before the Symbols Order came into effect?

    • Before 1968, the EC issued notifications and executive orders under the Conduct of Election Rules, 1961.
    • The most high-profile split of a party before 1968 was that of the CPI in 1964.
    • A breakaway group approached the ECI in December 1964 urging it to recognize them as CPI(Marxist). They provided a list of MPs and MLAs of Andhra Pradesh, Kerala and West Bengal who supported them.
    • The ECI recognized the faction as CPI (M) after it found that the votes secured by the MPs and MLAs supporting the breakaway group added up to more than 4% in the 3 states.

    Options for ECI

    • The ECI in all likelihood can freeze the symbol so that neither of the two sides is able to use it until a final decision is made.
    • EC hearings are long and detailed and may take at least six months.

    What was the first case decided under Para 15 of the 1968 Order?

    • It was the first split in the Indian National Congress in 1969.
    • Indira Gandhi’s tensions with a rival group within the party came to a head with the death of President Dr Zakir Hussain on May 3, 1969.

    Is there a way other than the test of the majority to resolve a dispute over election symbols?

    • In almost all disputes decided by the EC so far, a clear majority of party delegates/office bearers, MPs and MLAs have supported one of the factions.
    • Whenever the EC could not test the strength of rival groups based on support within the party organization (because of disputes regarding the list of office bearers), it fell back on testing the majority only among elected MPs and MLAs.

    What happens to the group that doesn’t get the parent party’s symbol?

    • The EC in 1997 did not recognize the new parties as either state or national parties.
    • It felt that merely having MPs and MLAs is not enough, as the elected representatives had fought and won polls on tickets of their parent (undivided) parties.
    • The EC introduced a new rule under which the splinter group of the party — other than the group that got the party symbol — had to register itself as a separate party.
    • It could lay claim to national or state party status only on the basis of its performance in the state or central elections after registration.

     

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