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GS Paper: GS2

  • A multi-pronged approach to end child marriage

    Context

    Reports suggest that more child marriages have been noticed during the Covid pandemic.

    Covid-19 and Girls

    Socio-economic impacts of Covid-19 are gendered, evident in the form of educational inequality, sexual violence, and increased household burden.

    • Increased domestic violence: In India, the National Commission for Women reported 2.5 times to increase in domestic violence during the initial months of nationwide lockdown.
    • Abuse & Trafficking: Closure of schools and pandemic induced poverty has increased the vulnerability of children especially the girl child to abuse and trafficking
    • School dropout: UNESCO’s Global Education Monitoring Report (2021) throws light on increased educational inequalities for adolescent girls during the Covid-19 crisis. UNESCO estimates that around 11 million girls may not return to school.
    • School Closures pushed Children into Labour: In 2021, says UNESCO, 24 million children may not find their way back to schools after the pandemic. Any child who is not in school is a potential child laborer.
    • Child Marriages: India witnessed an increase in the number of child marriages since 2020. Girls are further at risk – married off early, these child brides are also often child laborers.
    • Reduced Education Budget: Despite knowing the impact of the Pandemic on the education system & thus on Children’s future, the Union budget has Rs 5,000 crore less to spend on education for children this year.
    • Digital gender gap: The digital gender gap deters girls’ remote education and access to information.

    Child Marriage

    • It is defined as a marriage of a girl or boy before the age of 18 and refers to both formal marriages and informal unions in which children under the age of 18 live with a partner as if married.
    • UNICEF estimates suggest that each year, at least 1.5 million girls under 18 get married in India, which makes it home to the largest number of child brides in the world – accounting for a third of the global total.
    • A recent study by the Lancet shows that up to 2.5 million more girls (below the age of 18) around the world are at risk of marriage in the next 5 years because of the Covid-19 pandemic.

    Prevalence of child marriage in India

    • Data from the fourth round of the National Family Health Survey (NFHS4) in 2015-16 shows that even before Covid, one in four girls in India was being married before 18.
    • Around 8 percent of women aged 15-19 years were mothers or pregnant at the time of the survey.
    • The first phase findings of NFHS5 (2019-20) show that the needle has not moved substantially on ending child marriage.

    Why did Child Marriages have increased during Lockdowns?

    • Lack of Alert Mechanism: Earlier, when child marriages happened at wedding halls, temples, etc, there were people who would alert the relevant authorities or activists who would be able to reach on time to stop it.
      • But now, with marriages happening at homes, we may get fewer alerts and our going there could be treated as trespass.
    • Pandemic Induced Pressures: Economic pressures due to the pandemic have pushed poor parents to marry off girls early.
      • With no schools, the safety of children, particularly girls, was a major reason for the increase in violence against children and child marriages.

    Causes for Child Marriages

    • Age Factor: Some parents consider the age period of 15-18 as unproductive, especially for girls, so they start finding a match for their child during this age period.
      • Further, the Right To Education Act makes education free and compulsory up to the age of 14 only.
    • Insecurity: Law and Order are still not able to provide a secure environment for the girls in adolescent age, so some parents get their girl child married at a young age.
    • Other Reasons:
      • Poverty,
      • Political and financial reasons,
      • Lack of education,
      • Patriarchy and gender inequalities, etc.

    Consequences of child marriage

    • Violation of human rights: Child marriage violates girls’ human rights. It makes them almost invisible to policy.
    • Impact on education and health: It cuts short their education, harms their health, and limits their ability to fulfill themselves as productive individuals participating fully in society.
    • The low domestic status of teenage wives typically condemns them to long hours of domestic labor; poor nutrition and anemia; social isolation; domestic violence; early childbearing; and few decision-making powers within the home.
    • Malnutrition: Poor education, malnutrition, and early pregnancy lead to low birth weight of babies, perpetuating the intergenerational cycle of malnutrition.
    • The costs of child marriage include teenage pregnancy, population growth, child stunting, poor learning outcomes for children, and the loss of women’s participation in the workforce.

    What should be the policy interventions to end child marriage?

    • CCTs: Conditional cash transfers (CCTs) have been the main policy instrument introduced by most states in the last two decades to end child marriage.
    • CCTs alone cannot change social norms. We need a comprehensive approach.
    • Legislative measures: Legislation is one part of the approach.
    • Karnataka amended the Prohibition of Child Marriage Act in 2017, declaring every child marriage, making it a cognizable offense.
    • Expansion of education: These include expansion of secondary education, access to safe and affordable public transport, and support for young women to apply their education to earn a livelihood.
    • Expansion of education goes beyond access. Girls must be able to attend school regularly, remain there, and achieve.
    • States can leverage their network of residential schools, girls’ hostels, and public transport, especially in underserved areas, to ensure that teenage girls do not get pushed out of education.
    • Teachers should hold regular gender equality conversations with high school girls and boys to shape progressive attitudes that will sustain them into adulthood.
    • Empowerment measures: Empowerment measures, too, are required to end child marriage, such as community engagement through programs like Mahila Samakhya.
    • Children’s village assemblies in the 2.5 lakh gram panchayats across India can provide a platform for children to voice their concerns.
    • Government actions driving social change: Field bureaucrats across multiple departments, including teachers, Anganwadi supervisors, panchayat, and revenue staff, all of whom interact with rural communities, should be notified as child marriage prohibition officers.
    •  Decentralizing birth and marriage registration: Most important of all, decentralizing birth and marriage registration to gram panchayats will protect women and girls with essential age and marriage documents, thus better enabling them to claim their rights.

    Consider the question “What are the consequence of child marriage? Suggest the measures to deal with the issue.”

    Conclusion

    We need to adopt a comprehensive approach to deal with the problem of child marriage. The approach should include a focus on education and legal measures.

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  • Draft Personal Data Protection Bill, 2021

    The Joint Parliamentary Committee (JPP) on the Personal Data Protection Bill of 2019 is said to have adopted the final draft. The Bill will be tabled in the Winter Session of Parliament.

    What is Personal Data?

    • Data can be broadly classified into two types: personal and non-personal data.
    • Personal data pertains to characteristics, traits or attributes of identity, which can be used to identify an individual.
    • Non-personal data includes aggregated data through which individuals cannot be identified.
    • For example, while an individual’s own location would constitute personal data; information derived from multiple drivers’ location, which is often used to analyse traffic flow, is non-personal data.

    What is Data Protection?

    • Data protection refers to policies and procedures seeking to minimise intrusion into the privacy of an individual caused by collection and usage of their personal data.

    Why was a bill brought for Personal Data Protection?

    • In August 2017, the Supreme Court had held that Privacy is a fundamental right under Article 21 of the Constitution.
    • The Court also observed that privacy of personal data and facts is an essential aspect of the right to privacy.
    • In July 2017, a Committee of Experts, chaired by Justice BN Srikrishna, was set up to examine various issues related to data protection in India.
    • The committee submitted its report, along with a Draft Personal Data Protection Bill, 2018 to the Ministry of Electronics and Information Technology in July 2018.

    How is personal data regulated currently?

    • Currently, the usage and transfer of personal data of citizens is regulated by the Information Technology (IT) Rules, 2011, under the IT Act, 2000.
    • The rules hold the companies using the data liable for compensating the individual, in case of any negligence in maintaining security standards while dealing with the data.

    Issues with IT Rules, 2011

    • The IT rules were a novel attempt at data protection at the time they were introduced but the pace of development of digital economy has shown its shortcomings.
    • For instance, (i) the definition of sensitive personal data under the rules is narrow, and (ii) some of the provisions can be overridden by a contract.
    • Further, the IT Act applies only to companies, not to the government.

    What does the Personal Data Protection Bill provide?

    • Collection and storage: The bill regulate personal data related to individuals, and the processing, collection and storage of such data.
    • Data Principal: Under the bill, a data principal is an individual whose personal data is being processed.
    • Data fiduciary: The entity or individual who decides the means and purposes of data processing is known as data fiduciary.
    • Data processing: The Bill governs the processing of personal data by both government and companies incorporated in India.
    • Data localization: It also governs foreign companies, if they deal with personal data of individuals in India.
    • General consent: The Bill provides the data principal with certain rights with respect to their personal data. Any processing of personal data can be done only on the basis of consent given by data principal.
    • Data Protection Authority: To ensure compliance with the provisions of the Bill, and provide for further regulations with respect to processing of personal data of individuals, the Bill sets up a DPA.

    Issues with the PDP Bill

    • Exemptions to the govt: Section 35 of the bill permits the Central Government to exempt any agency of the Government from the provisions of the law.
    • No reasonable exemptions: There is no sufficient reason for government agencies to be exempted from basic provisions of the Bill.
    • Easy breach: Though this would be subject to procedures, safeguards, and oversight mechanisms to be prescribed by the Government.
    • Executive hegemony: There is no scope for oversight over the executive’s decision to issue such an order.
    • Arbitrary and intrusive: As demonstrated by the Pegasus case, the current frameworks for protecting citizens from arbitrary and intrusive State action lack robustness.

    Why is the state given exemption?

    • Biggest needy of Data: The State is one of the biggest processors of data, and has a unique ability to impact the lives of individuals.
    • Welfare objectives: It has a monopoly over coercive powers as well have the obligation to provide welfare and services.

    Issues with Exemption to State

    • Grounds of expediency: the use of this provision on grounds of expediency is an extremely low bar for the Government to meet.
    • Non requirement for exemption order: There is no requirement for an exemption order to be proportionate to meeting a particular State function.
    • No oversight on executive actions: There is no scope for oversight over the executive’s decision to issue such an order or any safeguards prescribed for this process.
    • State surveillance: Section 36(a) of the Bill provides for an exception where personal data is being processed against criminal investigation. This provision could therefore encourage vigilantism or enable privatized surveillance.

    Best practices followed across the world

    • The European GDPR (General Data Protection Regulation) is commonly seen as the pinnacle of data protection regulation worldwide.
    • The EU law has in place a separate law that deals with the processing of personal data by law enforcement agencies.
    • UK’s Data Protection Act dedicates Part 3 that liberalises certain obligations while at the same time ensuring that data protection rights are also protected.

    Way forward

    • Balancing privacy interests with those of public needs (such as that of State security) is a difficult task.
    • This should undergo rigorous consultations in Parliament taking into confidence all stakeholders.
    • Once debated in Parliament, one can only hope that adequate time and attention is given to finding a better balance between competing interests.

     

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  • [pib] Mysuru Declaration on Service Delivery by Panchayats

    The Participants from 16 States signed the Mysuru Declaration and resolved to roll out the Common Minimum Service delivery by Panchayats across the country from April 1, 2022.

    Mysuru Declaration

    • The Mysuru declaration is aimed at recognising Citizen Centric Services as the “Heart of Governance”.
    • It provides key inputs on various aspects of service delivery that are either provided by the panchayats directly or services of other departments that are facilitated by panchayats.

    Highlights of the Declaration

    WE, the Representatives and Officials recognise the efforts to promote inclusive and accountable Local Self Governments in delivery of services, in consonance with the priorities and the aspirations of our citizens.

    We accepresponsibility for seizing this moment to strengthen our commitments to promote transparency, empower citizens, and harness the power of new technologies towards timely and quality delivery of services; enhancing citizen service experiences

    We uphold the value of openness in our engagement with citizens to improve services, incorporating diverse views when designing and delivering services. We embrace principles of transparency and open government with a view towards achieving greater prosperity, well-being, and human dignity for sustainable development of local communities.

     

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  • First ever All India Survey on Domestic Workers

    Union Minister for Labour and Employment  has flagged off the first ever All All India Survey on Domestic workers being conducted by Labour Bureau.

    All India Survey on Domestic Workers

    • The Survey  is aimed to estimate the number and proportion of domestic workers at National and State level.
    • It would help find percentage distribution of domestic workers with respect to Live-in/Live-out, formal/ Informal Employment, Migrant/Non-Migrant, their wages and other socio-economic characteristics.
    • The survey will also provide the Household Estimates of Live-in/Live-out domestic workers and average number of domestic workers engaged by different types of households.

    Objectives of the Survey

    • Estimate the number/proportion of DWs at National and State level.
    • Household Estimates of Live-in/ Live-out DWs.
    • Average number of DWs engaged by different types of households.

    Why need such Survey?

    • Domestic workers (DWs) constitute a significant portion of total employment in the informal sector.
    • However, there is a dearth of data on the magnitude and prevailing employment conditions of DW.
    • Hence with the view to have time series data on domestic workers, GoI has entrusted Labour Bureau to conduct an all-India survey on DWs.

    Parameters of the Survey

    The Domestic Worker Survey collects information on the following broad   parameters:

    • Household Characteristics such as HH size, Religion, Social Group, Usual Monthly Consumption Expenditure, Nature of Dwelling unit.
    • Demographic Characteristics such as Name, Age, Relation to Head, Marital Status, General Education Level, Usual Principal Activity Status, Subsidiary Activity Status and Status of DWs.
    • Information on Employer is also collected such as their preferences of DW regarding Gender and marital status, mode of payment of wages, number of days worked, mode of engagement, whether DW services were availed during ii COVID-19 pandemic, medical support given to DWs.

    Scope of the Survey

    • All India States/UTs of India covered are 37 and Districts covered are742
    • Unit of Enumeration is Villages as per Census 2011 and Urban Blocks as per latest phase of UFS.
    • At the all-India level, a total number of 12766 First Stage Units (FSUs) i.e., 6190 villages and 6576 UFS blocks will be covered in the survey.
    • 1,50,000 Households i.e., the Ultimate Stage Units (USU) will be covered.

     

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  • Dynamism in India-U.S. ties

    Context

    While there are regular interactions among officials at various levels and across sectors, as well as people-to-people engagement, there are no formal interactions between Members of Parliament in India and members of the U.S. Congress.

    US Congressional Delegation (CODEL) visit to India

    •  CODEL travels across the world during the periods when Congress takes a break from legislative work.
    • Interactions during these travels are important in shaping relations with foreign countries.
    • In November, a congressional delegation (CODEL) travelled to the Indo-Pacific Command countries, including the Philippines, Taiwan and India.
    • In New Delhi, the six-member delegation interacted with Prime Minister Narendra Modi, External Affairs Minister S. Jaishankar, and representatives of the Dalai Lama.
    • The members of the delegation noted the “increasing convergence of strategic interests” between India and the U.S. and said they would like to “further enhance cooperation… to promote global peace and stability”.
    •  Mr. Modi appreciated the consistent support and constructive role of the U.S. Congress in deepening the India-U.S. comprehensive global strategic partnership.
    • Enhancing bilateral relationship on critical issues: Mr. Modi and CODEL exchanged views on enhancing the bilateral relationship and strengthening cooperation on contemporary global issues such as terrorism, climate change and reliable chains for critical technologies.
    • Demand for the presidential waiver for India: Two days after returning from his trip to India, CODEL member Senator Tommy Tuberville favoured India getting the presidential waiver under the Countering America’s Adversaries Through Sanctions Act.
    • Significance of CODEL visit: Members of the U.S. Congress play an important role in determining foreign policy, which at times is dictated by the demands of constituents.

    Way forward

    •  Despite the robustness in India-U.S. relations, there is no institutional communication or interaction between MPs in India and members of the U.S. Congress.
    • Establishment of India-US Parliamentary Exchange: The joint statement at the end of the 2+2 Dialogue in 2019 stated: “The Ministers looked forward to the establishment of India-US Parliamentary Exchange to facilitate reciprocal visits by Parliamentarians of the two countries”.
    • Indian Parliamentary Group: India can take it forward through the Indian Parliamentary Group, which acts as a link between the Indian Parliament and the various Parliaments of the world.
    • At present, there are eight Parliamentary Friendship Groups of India’s including Japan, Russia, China and the European Union.
    • The U.S. is absent from this list.

    Conclusion

    The significance of the CODEL visit is not lost in the U.S. as members of the U.S. Congress play an important role in determining foreign policy, which at times is dictated by the demands of constituents.

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  • Andhra Pradesh government repealed laws on 3 capitals

    The Andhra Pradesh Assembly unanimously passed a Bill to repeal two laws that were cleared last year to set up three different state capitals.

    Three Capitals Act

    • The law was titled Andhra Pradesh Decentralisation and Inclusive Development of All Regions Act, 2020.
    • The incumbent govt had decided to reverse the previous government’s decision to have an ambitious world-class capital city at Amaravati, which is located between Vijayawada and Guntur.
    • Thus, it was decided that Amaravati was to be the Legislative capital, Visakhapatnam the Executive capital, and Kurnool the Judicial capital.

    Why was it repealed?

    • Over a hundred petitions challenging the government’s move have been filed before the Andhra Pradesh High Court.
    • Farmers of Amaravati, who let the government acquire their lands, wanted them to stick to the previous plan and build a world-class capital city in the same location.

    Will Andhra Pradesh have only one capital now?

    • It is not clear if the government will stick to Amaravati as the sole capital.
    • Throughout his address, the CM stressed the need for decentralization for the equitable development of all regions.

    What are the other examples of multiple capital cities?

    • Among Indian states, Maharashtra has two capitals– Mumbai and Nagpur (which hold the winter session of the state assembly).
    • Himachal Pradesh has capitals at Shimla and Dharamshala (winter).
    • The former state of Jammu & Kashmir had Srinagar and Jammu (winter) as capitals.

    Must read

    Three capitals for Andhra Pradesh — its logic and the questions it raises

     

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  • Global State of Democracy Report, 2021

    The number of countries moving towards authoritarianism in 2020 was higher than that of countries going in the other direction, towards democracy, a/c to the Global State of Democracy (GSD) Report, 2021.

    Note: The Global Democracy Index is released by the Economic Intelligence Unit (EIU). One may get confused over this two.

    About GSD Report

    • The GSD report is released by the International Institute for Democracy and Electoral Assistance (International-IDEA).
    • The International-IDEA, is an inter-governmental organization supporting democracy, is chaired by Australia and includes India as a member-state.
    • The report aims to influence the global debate and analyses current trends and challenges to democracy, exacerbated by the Covid-19 pandemic.
    • It offers specific policy recommendations to spark new and innovative thinking for policymakers, governments and civil society organizations supporting democracy.

    GSD framework

    Highlights of the report

    • The US and three members of the European Union (EU) [Hungary, Poland and Slovenia] have also seen concerning democratic declines.
    • The pandemic has prolonged this existing negative trend into a five-year stretch, the longest such period since the start of the third wave of democratization in the 1970s.
    • Democratically elected Governments, including established democracies, are increasingly adopting authoritarian tactics.
    • This democratic backsliding has often enjoyed significant popular support.

    India’s performance

    • The report highlighted the case of Brazil and India as “some of the most worrying examples of backsliding.
    • India is the backsliding democracy with the most democratic violations during the pandemic.
    • Violations include- Harassment, arrests and prosecution of human rights defenders, activists, journalists, students, academics and others critical of the government or its policies; internet obstructions etc.

    Resilient democracies

    • The report pointed out that many democracies had proved to be resilient to the pandemic.
    • Despite pandemic restrictions on campaigning and media, the electoral component of democracy has shown remarkable resilience.
    • Countries around the world learned to hold elections in exceedingly difficult conditions and they rapidly activated special voting arrangements to allow citizens to continue exercising their democratic rights.

    Democracy is good. I say this because other systems are worse.

    –  Jawaharlal Nehru

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  • China’s missile tests could have Sputnik-like effect

    Context

    On October 27 Chairman of the Joint Chiefs of Staff of the US, reacted to China testing its nuclear-capable hypersonic weapons system by drawing an analogy with a Sputnik moment.

    How US’s Ballistic Missile Defence led to the recent Sputnik moment

    •  Since the US withdrawal from the Anti-Ballistic Missile (ABM) treaty in 2002, both Russia and China have been wary of Washington’s Ballistic Missile Defence (BMD) programme.
    • It undermines strategic stability: Missile defence is inherently destabilising — it undermines “strategic stability”.
    • A robust BMD would compromise the second strike capability of the adversary by neutralising the surviving incoming missiles in case of a near-decapitating first strike
    • Both Russia and China thus view the US BMD as undermining their deterrence and have sought ways to restore their retaliatory strike capability by investing in new technologies such as Hypersonic Glide Vehicles (HGVs).
    • HGVs can escape the missile defence systems.
    • HGVs fly at lower altitudes than ballistic missiles, which means they could potentially escape early warning systems, aided by the earth’s curvature.

    Implications of Chinese test

    • It can set off competition: The Chinese tests have the potential to set off an aggressive competition among the nuclear powers to modernise their nuclear arsenals and add new, potentially destabilising capabilities to their arsenal.
    • Global and regional arms race: In the present era of minimal arms control measures, the Chinese hypersonic missile system test will trigger an intense arms race both at the global and regional levels.
    • With the Chinese test, the US may be forced to expand its hypersonic programme and further modernise its missile defence systems.

    What should be the course of action for India

    • China’s nuclear-tipped hypersonic weapon systems, though not particularly India-focused, could nudge New Delhi to adopt two courses of action.
    • Missile program: First, accelerate its hypersonic missiles programme.
    • Develop missile defence system: Second, consider erecting an equally robust missile defence.
    • Chinese advancement in stealth technologies will drive New Delhi to seek similar capabilities but also develop effective countermeasures.
    • This can then set off a regional arms race, a sign that is not particularly encouraging for regional peace.

    Consider the question “Examine the implications of recent hypersonic missile test by China for the region and global arms race control efforts? What should be the course of action for India? “

    Conclusion

    China’s hypersonic missile test may not have come with a Sputnik-like surprise, but it has the potential to set off a post-Sputnik-like arms race that does not augur well for the strategic stability both at the global and regional level.

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    Back2Basics: Hypersonic Glide Vehicles (HGVs)

    • A hypersonic missile is a vehicle that achieves a speed five times faster than the speed of sound, crossing Mach 5.
    • These missiles travel at a speed of around 6,115 km per hour, with a combination of technology and manoeuvrability of ballistic missiles and cruise missiles.

    Fractional Orbital Bombardment System (FOBS)

    • A Fractional Orbital Bombardment System is a warhead delivery system that uses a low earth orbit towards its target destination.
    • Just before reaching the target, it deorbits through a retrograde engine burn.
  • Why are Judicial Transfers riddled by controversies?

    The transfer of Chief Justice Sanjib Banerjee from the Madras High Court to the Meghalaya High Court has given rise to a controversy over the question of whether judicial transfers are made only for administrative reasons or have any element of ‘punishment’ behind them.

    Transfer of judges and the Constitution

    • Article 222 of the Constitution provides for the transfer of High Court judges, including the Chief Justice.
    • It says the President, after consultation with the Chief Justice of India, may transfer a judge from one High Court to any other High Court.
    • It also provides for a compensatory allowance to the transferred judge.
    • This means that the executive could transfer a judge, but only after consulting the Chief Justice of India.
    • From time to time, there have been proposals that one-third of the composition of every High Court should have judges from other States.

    What is the Supreme Court’s view on the issue?

    Union of India vs. Sankalchand Himatlal Sheth (1977)

    • The Supreme Court rejected the idea that High Court judges can be transferred only with their consent.
    • It reasoned that the transfer of power can be exercised only in public interest.
    • It held that the President is under an obligation to consult the CJI, which meant that all relevant facts must be placed before the CJI.
    • It ruled CJI had the right and duty to elicit and ascertain further facts from the judge concerned or others.

    S.P. Gupta vs. President of India, 1981 (First Judges Case)

    • It considered the validity of the transfer Judges as well as a circular from the Law Ministry.
    • The Ministry had put that additional judge in all High Courts may be asked for their consent to be appointed as permanent judges in any other High Court, and to name three preferences.
    • The Minister’s reasoning was that such transfers would promote national integration and help avoid parochial tendencies bred by caste, kinship and other local links and affiliations.
    • The majority ruled that consultation with the CJI did not mean ‘concurrence’ with respect to appointments.

    SCARA Vs Union of India, 1993 (Second Judges Case)  

    • In effect, it emphasized the primacy of the executive in the matter of appointments and transfers.
    • However, this position was overruled in the ‘Second Judges Case’ (1993).
    • The opinion of the CJI, formed after taking into account the views of senior-most judges, was to have primacy.
    • Since then, appointments are being made by the Collegium.

    Current procedure for transfers

    • As one of the points made by the ‘Second Judges Case’ was that the opinion of the CJI ought to mean the views of a plurality of judges, the concept of a ‘Collegium of Judges’ came into being.
    • In the collegium era, the proposal for transferring a High Court judge, including a Chief Justice, should be initiated by the Chief Justice of India, “whose opinion in this regard is determinative”.
    • The consent of the judge is not required.
    • All transfers are to be made in public interest, i.e. for promoting better administration of justice throughout the country.
    • For transferring a judge other than the Chief Justice, the CJI should take the views of the CJ of the court concerned, as well as the CJ of the court to which the transfer is taking place.
    • The CJI should also take into account the views of one or more Supreme Court judges who are in a position to offer their views.
    • In the case of transfer of a Chief Justice, only the views of one or more knowledgeable Supreme Court judges need to be taken into account.

    Provision for Written Recommendation

    • The views should all be expressed in writing, and they should be considered by the CJI and four senior-most judges of the Supreme Court, which means, the full Collegium of five.
    • The recommendation is sent to the Union Law Minister who should submit the relevant papers to the Prime Minister.
    • The PM then advises the President on approving the transfer.

    What makes transfers controversial?

    • Punitive intent: Transfer orders become controversial when the Bar or sections of the public feel that there is a punitive element behind the decision to move a judge from one High Court to another.
    • No disclosure of reasons: As a matter of practice, the Supreme Court and the government do not disclose the reason for a transfer.
    • Adverse opinions behind: For, if the reason is because of some adverse opinion on a judge’s functioning, disclosure would impinge on the judge’s performance and independence in the court to which he is transferred.

     

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  • Process for Repealing a Law

    PM after repealing the farm laws has said that the process of repealing the laws — which are currently stayed by the Supreme Court — will take place in the upcoming Winter Session of Parliament.

    Repealing a Law

    • Repealing a law is one of the ways to nullify a law.
    • A law is reversed when Parliament thinks there is no longer a need for the law to exist.
    • Legislation can also have a “sunset” clause, a particular date after which they cease to exist.
    • For example, the anti-terror legislation Terrorist and Disruptive Activities (Prevention) Act 1987, commonly known as TADA, had a sunset clause, and was allowed to lapse in 1995.
    • For laws that do not have a sunset clause, Parliament has to pass another legislation to repeal the law.

    (Sunset Clause: A law shall cease to have effect after a specific date, unless further legislative action is taken to extend the law.)

    How can the government repeal a law?

    • Article 245 of the Constitution gives Parliament the power to make laws for the whole or any part of India, and state legislatures the power to make laws for the state.
    • Parliament draws its power to repeal a law from the same provision.
    • A law can be repealed either in its entirety, in part, or even just to the extent that it is in contravention of other laws.

    What is the process for repealing a law?

    • Laws can be repealed in two ways — either through an ordinance, or through legislation.
    • In case an ordinance is used, it would need to be replaced by a law passed by Parliament within six months.
    • If the ordinance lapses because it is not approved by Parliament, the repealed law can be revived.
    • The government can also bring legislation to repeal the farm laws.
    • It will have to be passed by both Houses of Parliament, and receive the President’s assent before it comes into effect.

    Legislations required

    • All three farm laws can be repealed through a single legislation.
    • Usually, Bills titled Repealing and Amendment are introduced for this purpose.

     

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