Note4Students
From UPSC perspective, the following things are important :
Prelims level: AI
Mains level: Paper 3- Climate cost of AI
Context
While there is an allure to national dreams of economic prosperity and global competitiveness, underwritten by AI, there is an environmental cost.
Issues with AI
- Unfair race for dominance in AI: A few developed economies possess certain material advantages right from the start, they also set the rules.
- They have an advantage in research and development, and possess a skilled workforce as well as wealth to invest in AI.
- Inequality in terms of governance: We can also look at the state of inequity in AI in terms of governance: How “tech fluent” are policymakers in developing and underdeveloped countries?
- What barriers do they face in crafting regulations and industrial policy?
- At the same time, there is an emerging challenge at the nexus of AI and climate change that could deepen this inequity.
Climate impact of AI
- The climate impact of AI comes in a few forms: The energy use of training and operating large AI models is one.
- In 2020, digital technologies accounted for between 1.8 per cent and 6.3 per cent of global emissions.
- In November 2021, UNESCO adopted the In November 2021, UNESCO adopted the Recommendation on the Ethics of Artificial Intelligence, calling on actors to “reduce the environmental impact of AI systems, including but not limited to its carbon footprint.” , calling on actors to “reduce the environmental impact of AI systems, including but not limited to its carbon footprint.”
Inequitable access to resources
- Both global AI governance and climate change policy (historically) are contentious, being rooted in inequitable access to resources.
- Developing and underdeveloped countries face a challenge on two fronts:
- 1] AI’s social and economic benefits are accruing to a few countries.
- 2] Most of the current efforts and narratives on the relationship between AI and climate impact are being driven by the developed West.
Way forward
- Assess technology-led priorities: Governments of developing countries, India included, should also assess their technology-led growth priorities in the context of AI’s climate costs.
- It is argued that as developing nations are not plagued by legacy infrastructure it would be easier for them to “build up better”.
Consider the question “How Artificial Intelligence technologies could transform the world as we know it? What are the concerns with it?
Conclusion
It may be worth thinking through what “solutions” would truly work for the unique social and economic contexts of the communities in our global village.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Criminal laws mentioned
Mains level: Need for reforming criminal justice system
The Central government has initiated the process for comprehensive amendment of criminal laws in India in consultation with all stakeholders
Criminal Laws in India
Indian criminal laws are divided into three major acts:
- Indian Penal Code, 1860: It is a comprehensive code intended to cover all substantive aspects of criminal law.
- Code of Criminal Procedure, 1973: CrPC defines the rules with which substantive laws can be enforced.
- Indian Evidence Act, 1872: It contains a set of rules and allied issues governing the admissibility of evidence in the Indian courts of law.
Other laws
Besides these major acts, special Criminal Laws are also passed by the Indian Parliament which includes:
- Narcotic Drugs and Psychotropic Substances Act
- Prevention of Corruption Act
- Food Adulteration Act
- Dowry Prohibition Act
- The Defence of India Act, etc.
Issues with these laws
- Colonial ideas prevail in the code.
- Some laws don’t reflect the aspirations of India’s liberal Constitution
- It does not recognize the individual agency of citizens of free India
- Too many laws promote patriarchal attitudes, biased against women
- Sedition laws are misused by the state
- Tech crimes, cyber crimes, sexual offenses need to be defined
- Risk of excessive policing, which leads to harassment of people.
- Need to harmonize statute books with court rulings, which have often expanded the rights of people.
- Some provisions are disadvantageous for the underprivileged who are trapped in jail for long but favour the powerful, who get bail very easily
- Influence of media trials on the judiciary while using the IPC.
Why amend them?
- The evolution of criminal laws is a continuous process.
- They need to be made in accordance with the contemporary needs and aspirations of people.
- Malimath Committee has called for reform in India’s criminal justice system.
Progress made to date
- The entire procedure is a long-drawn-out one and no time limit can be fixed or given for this legislative process.
- Legislation of such laws is a complex and lengthy exercise given the spectrum of divergent views of stakeholders.
- The Home Ministry is seeking suggestions from various stakeholders and judicial luminaries in this regard.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Collegium system, NJAC
Mains level: Collegium system
The Supreme Court Collegium headed by Chief Justice N.V. Ramana has recommended to the Centre the names of six judicial officers for appointment as judges of the Delhi High Court.
What is Collegium System?
- The Collegium of judges is the Indian Supreme Court’s invention.
- It does not figure in the Constitution, which says judges of the Supreme Court and High Courts are appointed by the President and speaks of a process of consultation.
- In effect, it is a system under which judges are appointed by an institution comprising judges.
- After some judges were superseded in the appointment of the CJI in the 1970s, and attempts made subsequently to effect a mass transfer of High Court judges across the country.
- Hence there was a perception that the independence of the judiciary was under threat. This resulted in a series of cases over the years.
Evolution: The Judges Cases
- First Judges Case (1981) ruled that the “consultation” with the CJI in the matter of appointments must be full and effective.
- However, it rejected the idea that the CJI’s opinion, albeit carrying great weight, should have primacy.
- Second Judges Case (1993) introduced the Collegium system, holding that “consultation” really meant “concurrence”.
- It added that it was not the CJI’s individual opinion, but an institutional opinion formed in consultation with the two senior-most judges in the Supreme Court.
- Third Judges Case (1998): On a Presidential Reference for its opinion, the Supreme Court, in the Third Judges Case (1998) expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues.
The procedure followed by the Collegium
Appointment of CJI
- The President of India appoints the CJI and the other SC judges.
- As far as the CJI is concerned, the outgoing CJI recommends his successor.
- In practice, it has been strictly by seniority ever since the supersession controversy of the 1970s.
- The Union Law Minister forwards the recommendation to the PM who, in turn, advises the President.
Other SC Judges
- For other judges of the top court, the proposal is initiated by the CJI.
- The CJI consults the rest of the Collegium members, as well as the senior-most judge of the court hailing from the High Court to which the recommended person belongs.
- The consultees must record their opinions in writing and it should form part of the file.
- The Collegium sends the recommendation to the Law Minister, who forwards it to the Prime Minister to advise the President.
For High Courts
- The CJs of High Courts are appointed as per the policy of having Chief Justices from outside the respective States. The Collegium takes the call on the elevation.
- High Court judges are recommended by a Collegium comprising the CJI and two senior-most judges.
- The proposal, however, is initiated by the Chief Justice of the High Court concerned in consultation with two senior-most colleagues.
- The recommendation is sent to the Chief Minister, who advises the Governor to send the proposal to the Union Law Minister.
Does the Collegium recommend transfers too?
- Yes, the Collegium also recommends the transfer of Chief Justices and other judges.
- Article 222 of the Constitution provides for the transfer of a judge from one High Court to another.
- When a CJ is transferred, a replacement must also be simultaneously found for the High Court concerned. There can be an acting CJ in a High Court for not more than a month.
- In matters of transfers, the opinion of the CJI “is determinative”, and the consent of the judge concerned is not required.
- However, the CJI should take into account the views of the CJ of the High Court concerned and the views of one or more SC judges who are in a position to do so.
- All transfers must be made in the public interest, that is, “for the betterment of the administration of justice”.
Loopholes in the Collegium system
- Lack of Transparency: Opaqueness and a lack of transparency, and the scope for nepotism are cited often.
- Judges appointing Judge: The attempt made to replace it with a ‘National Judicial Appointments Commission’ was struck down by the court in 2015 on the ground that it posed a threat to the independence of the judiciary.
- Criteria: Some do not believe in full disclosure of reasons for transfers, as it may make lawyers in the destination court chary of the transferred judge.
Way ahead
- In respect of appointments, there has been an acknowledgment that the “zone of consideration” must be expanded to avoid criticism that many appointees hail from families of retired judges.
- The status of a proposed new memorandum of procedure, to infuse greater accountability, is also unclear.
- Even the majority opinions admitted the need for transparency, now Collegiums’ resolutions are now posted online, but reasons are not given.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Delimitation of constituencies
Mains level: Delimitation in Jammu and Kashmir
The J&K Delimitation Commission is likely to get a second extension of its term this month.
What is Delimitation and why is it needed?
- Delimitation is the act of redrawing boundaries of an assembly or Lok Sabha seat to represent changes in population over time.
- This exercise is carried out by a Delimitation Commission, whose orders have the force of law and cannot be questioned before any court.
- The objective is to redraw boundaries (based on the data of the last Census) in a way so that the population of all seats, as far as practicable, be the same throughout the State.
- Aside from changing the limits of a constituency, the process may result in a change in the number of seats in a state.
Delimitation in J&K
- Assembly seats in J&K were delimited in 1963, 1973 and 1995.
- Prior to August 5, 2019, carving out of J&K’s Assembly seats was carried out under the J&K Constitution and Jammu and Kashmir Representation of the People Act, 1957.
- Until then, the delimitation of Lok Sabha seats in J&K was governed by the Constitution of India.
- However, the delimitation of the state’s Assembly was governed by the J&K Constitution and J&K Representation of the People Act, 1957.
- There was no census in the state in 1991 and hence no Delimitation Commission was set up by the state until 2001 census.
Why is it in the news again?
- After the abrogation of J&K’s special status in 2019, the delimitation of Lok Sabha and Assembly seats in the newly-created UT would be as per the provisions of the Indian Constitution.
- On March 6, 2020, the government set up the Delimitation Commission, headed by retired Supreme Court judge Ranjana Prakash Desai, which was tasked with winding up delimitation in J&K in a year.
- As per the J&K Reorganization Bill, the number of Assembly seats in J&K would increase from 107 to 114, which is expected to benefit the Jammu region.
Factors considered during Delimitation
- The number of districts had increased from 12 to 20 and tehsils from 52 to 207 since the last delimitation.
- The population density ranged from 29 persons a square km in Kishtwar to 3,436 persons a square km in Srinagar.
- The remoteness of the place, inaccessibility etc are also considered during the exercise.
Concerns raised over Delimitation
- Jammu vs. Kashmir: Concerns had been expressed over how the delimitation process may end up favoring the Jammu region over Kashmir in terms of the seats.
- Under-representation of Ladakh: Arguments have been made on how Ladakh has been underrepresented, with demands for statehood/sixth schedule.
- Non-proportionate reservations: It is argued that seats for STs should’ve been divided in both Jammu province & Kashmir province, as the ST population is almost equal.
Do not forget to answer this PYQ in the comment box:
Q.With reference to the Delimitation Commission, consider the following statements:
- The orders of the Delimitation Commission cannot be challenged in a Court of Law.
- When the orders of the Delimitation Commission are laid before the Lok Sabha or State Legislative Assembly, they cannot affect any modifications in the orders.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Post your answers here:
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Virtual Digital Assets
Mains level: Taxing crypto assets
Recently, The Central Board of Direct Taxes (CBDT) issued detailed guidelines on the Tax Deducted at Source (TDS) rule for Virtual Digital Assets (VDAs) such as cryptocurrencies .
What are Virtual Digital Assets?
- To define the term “virtual digital asset”, a new clause (47A) is proposed to be inserted into section 2 of the Act.
- A virtual digital asset is proposed to mean any information or code or number or token (not being Indian currency or any foreign currency):
- Generated through cryptographic means or otherwise
- Providing a digital representation of value that is exchanged with or without consideration with the promise or representation of having inherent value
- Functions as a store of value or a unit of account and includes its use in any financial transaction or investment, but not limited to, investment schemes
- Can be transferred, stored, or traded electronically.
- Non-fungible token (NFT) and; any other token of similar nature are included in the definition.
Why tax them?
- Popularity: Virtual digital assets have gained tremendous popularity in recent times and the volumes of trading in such digital assets have increased substantially.
- Growing market: Further, a market is emerging where payment for the transfer of a virtual digital asset can be made through another such asset.
- Increased transactions: There has been a phenomenal rise in such transactions and the magnitude and frequency of these transactions have made it imperative to provide for a specific tax regime.
- Prevalence of gifting: The gifting of virtual digital assets is also a popular mode of exchange.
Key takeaways from the FM’s speech
- The bill provides for the definition of virtual digital assets which is wide enough to cover emerging digital assets including NFT, assets in metaverse, cryptocurrencies, etc.
- This recognition of digital assets under income tax is NOT akin to granting legal status.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: MGNREGS
Mains level: Not Much
Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) workers are still waiting for almost ₹3,360 crore in pending wage payments, with the largest pending payments in West Bengal, Uttar Pradesh and Rajasthan.
What is MGNREGA?
- The MGNREGA stands for Mahatma Gandhi National Rural Employment Guarantee Act of 2005.
- This is labour law and social security measure that aims to guarantee the ‘Right to Work’.
- The act was first proposed in 1991 by P.V. Narasimha Rao.
Features of the scheme
- MGNREGA is unique in not only ensuring at least 100 days of employment to the willing unskilled workers, but also in ensuring an enforceable commitment on the implementing machinery i.e., the State Governments, and providing a bargaining power to the labourers.
- The failure of provision for employment within 15 days of the receipt of job application from a prospective household will result in the payment of unemployment allowance to the job seekers.
- Employment is to be provided within 5 km of an applicant’s residence, and minimum wages are to be paid.
- Thus, employment under MGNREGA is a legal entitlement.
Tap to read more about MGNREGS:
[Burning Issue] Reorienting MGNREGA in times of COVID
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Free speech and press
The India Press Freedom Report, 2021was recently released by the Rights and Risks Analysis Group (RRAG).
India Press Freedom Report, 2021: Key Highlights
- Jammu and Kashmir, Uttar Pradesh, Madhya Pradesh and Tripura topped the list of States and Union Territories where journalists and media houses were targeted in 2021.
- It is followed by Delhi (8), Bihar (6), Assam (5), Haryana and Maharashtra (4 each), Goa and Manipur (3 each), Karnataka, Tamil Nadu and West Bengal (2 each), and Andhra Pradesh, Chhattisgarh and Kerala (1each).
- While J&K recorded the maximum attacks by State actors, Tripura had the most cases of attacks by non-State actors, the analysis of data showed.
Significance of the report
- The widespread attacks on the press freedom are an indicator of the continuing deterioration of civic space in the country.
- It represents the status of free speech exercised in our country.
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From UPSC perspective, the following things are important :
Prelims level: Sultanpur National Park
Mains level: NA
Homestays would soon be allowed in the villages around Sultanpur National Park in Gurugram to promote tourism and provide an opportunity for the visitors to catch a glimpse of rural life in Haryana.
Sultanpur National Park
- Sultanpur NP is located at Sultanpur village on Gurugram-Jhajjar highway, 15 km from Gurugram, Haryana and 50 km from Delhi.
- It was a bird sanctuary, ideal for birding and bird lookers. Its area covers approximately 142.52 hectares.
- Migratory birds start arriving in the park in September. Birds use the park as a resting place till the following March-April.
- During summer and monsoon months the park is inhabited by many local bird species.
- In April 1971, the Sultanpur Jheel inside the park (an area of 1.21 sq. km.) was accorded Sanctuary status under section 8 of the Punjab Wildlife Preservation Act of 1959.
- The status of the park was upgraded to National Park under the Wildlife (Protection) Act, 1972 in July 1991.
Why must we remember it?
- It is one of the few NPs in the small state of Haryana.
- Another NP in Haryana is Kalesar National Park.
Important Fauna at the Park
- Mammals: Blackbuck, Nilgai, Hog deer, Sambar, Leopard etc.
- Birds: Siberian Cranes, Greater Flamingo, Demoiselle Crane etc.
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