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  • Railway Reforms

    Why the SilverLine Project makes sense for Kerala

    | Economics | Mains Paper 3: Infrastructure: Energy, Ports, Roads, Airports, Railways Etc.

    Context

    The SilverLine Project to be built by the government of Kerala will link Thiruvananthapuram in the south to Kasargode in the north.The project has received its share of criticism, much of it from political quarters, but also some academic sections.

    Need for high-speed rail in Kerala

    • Saturated road network: For Kerala, with its saturated road network, the building of a fast, environmentally-sustainable high-speed rail link must surely be seen as a sound governance response.
    • Indeed, a study of INDC (Intended Nationally Determined Contribution) plans under the Paris Climate Agreement is instructive in this context.
    • Low-cost emission option: The EU study on mobility notes that HSR is the least-cost emission option among all modes of long-distance transportation.

    The arguments against the project

    • Critics have put forward three principal lines of argument, namely, its alleged adverse environmental impact, financial unviability, and technical unsuitability.
    • Environmental impact: The most compelling environmental issue before us is climate change.
    • Building capacities now to achieve a carbon net-neutral world over the next three to four decades is a core aspect of the national strategy of all nations.
    • In this context, the SilverLine project scores high with respect to India’s own climate objective of achieving net-zero emissions by 2070.
    • Let us recall the driving forces behind Japan’s decision to develop the Shinkansen.
    • In the context of the global oil crisis, energy-insecure Japan wanted to develop a public transportation system that was energy-efficient and would also address national concerns with respect to imbalanced regional growth.
    • After the Kyoto Protocol was signed, more efforts were made to increase the speed of the various series of Shinkansen to meet the objectives of energy efficiency and CO2 reductions.
    • Financial viability: Large-scale infrastructure projects are not based on short-term financial viability considerations alone.
    • When the London Underground was conceived, it was not considered financially viable.
    • Today, London’s economic activities are inconceivable without it.
    • Green technologies that we consider cheaper than fossil fuel technologies were not initially financially viable, and were unable to survive without government subsidies.

    Conclusion

    There are abundant international examples of the role played by large capital-intensive infrastructure projects in the transformation of the town and country, regions, and nations.

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  • Foreign Policy Watch: India-Russia

    Doubts over Defence Supplies to India

    | International Relations | Mains Paper 2: Bilateral, Regional and Global Groupings and agreements involving India

    With tensions escalating between Russia and the West over the Ukraine crisis, India, which has major defence cooperation with Moscow and Kyiv, faces uncertainty over timely deliveries of the S-400.

    About S-400

    • The S-400 is known as Russia’s most advanced long-range surface-to-air missile defence system, capable of destroying hostile strategic bombers, jets, missiles and drones at a range of 380-km.

    US reservations against S-400 purchase

    • The US has made it clear that the delivery of the five S-400 systems is considered a “significant transaction”.
    • Such deals are considered under its Countering America’s Adversaries Through Sanctions Act (CAATSA) of 2017.
    • It could trigger sanctions against Indian officials and the Government.

    About CAATSA

    • The CAATSA is designed to ensure that no country is able to increase military engagement with Iran, North Korea and Russia without facing deterrent punitive action from the US.
    • The sanctions are unilateral, and not part of any United Nations decision, and therefore no country is bound to accept them.
    • Section 231 says the President shall impose no fewer than five different sanctions on any Government that enters into a significant defence or intelligence deal with Russia.
    • Section 235 lists 12 options, including stopping credit lines from US and international banks such as the IMF, blocking sales of licensed goods and technology, banning banks, manufacturers and suppliers, property transactions and even financial and visa sanctions on specific officials.
    • However, the law also empowers the President to waiver sanctions or delay them if the waiver is in the US’s “vital national security interests”.

    Has the US used CAATSA before for S-400 sales?

    • The US has already placed sanctions on China and Turkey for purchase of the S-400.
    • The sanctions included denial of export licences, ban on foreign exchange transactions, blocking of all property and interests in property within the US jurisdiction and a visa ban.

    Types of sanctions laid

    • In 2020, the US sanctioned its NATO partner Turkey, which it had warned about CAATSA sanctions for years, besides cancelling a deal to sell Ankara F-35 jets.
    • The sanctions on Turkey’s main defence procurement agency, also included a ban on licences and loans, and blocking of credit and visas to related officials.

    Likely impacts after India’s purchase

    • The Biden administration has no firm indication on where it leans on India’s case.
    • However, several senators (US parliamentarians) have called upon the Biden administration to consider a special waiver for India.
    • This is on account of India’s importance as a defence partner, and as a strategic partner on US concerns over China and in the Quad.
    • Other US leaders thinks that giving a waiver to India would be the wrong signal for others seeking to go ahead with similar deals.

    India’s dependence on Russia

    • While Russia has been a traditional military supplier sharing platforms and technologies that others would not, the cooperation has further deepened in recent years.
    • The defence trade between the two countries has crossed $15 billion since 2018.
    • Even today, over 60% of Indian military inventory is of Russian origin, especially with respect to fighter jets, tanks, helicopters and submarines among others, while several deals are in the pipeline.

    Why is the S-400 deal so important to India?

    • Security paradigm: S-400 is very important for India’s national security considerations due to the threats from China, Pakistan and now Afghanistan.
    • Air defence capability: The system will also offset the air defence capability gaps due to the IAF’s dwindling fighter squadron strength.
    • Russian legacy: Integrating the S-400 will be much easier as India has a large number of legacy Russian air defence systems.
    • Strategic autonomy: For both political as well as operational reasons, the deal is at a point of no return.

    Conclusion

    • The deal is a way for the Government to assert its strategic autonomy.
    • India had earlier agreed to stop buying Iranian oil over the threat of sanctions in 2019, a move that caused India both financial and reputational damage.
    • Not giving in to the US’s unilateral sanctions would be one way to restore some of that.

     

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  • Goods and Services Tax (GST)

    GST revenues cross 1.3 lakh crore in Feb

    | Economics | Mains Paper 3: Indian Economy

    The Gross Goods and Services Tax (GST) revenue in February was 26% higher than the pre-pandemic levels at ₹1,33,026 crore.

    What is GST?

    • GST is an indirect tax that has replaced many indirect taxes in India such as excise duty, VAT, services tax, etc.
    • The Goods and Service Tax Act was passed in Parliament on 29th March 2017 and came into effect on 1st July 2017. It is a single domestic indirect tax law for the entire country.
    • It is a comprehensive, multi-stage, destination-based tax that is levied on every value addition.
    • Under the GST regime, the tax is levied at every point of sale. In the case of intra-state sales, Central GST and State GST are charged. All the inter-state sales are chargeable to the Integrated GST.

    Answer this PYQ in the comment box:

    Q.All revenues received by the Union. Government by way of taxes and other receipts for the conduct of Government business are credited to the (CSP 2015):

    (a) Contingency Fund of India

    (b) Public Account

    (c) Consolidated Fund of India

    (d) Deposits and Advances Fund

     

    Post your answers here.

    What are the components of GST?

    There are three taxes applicable under this system:

    1. CGST: It is the tax collected by the Central Government on an intra-state sale (e.g., a transaction happening within Maharashtra)
    2. SGST: It is the tax collected by the state government on an intra-state sale (e.g., a transaction happening within Maharashtra)
    3. IGST: It is a tax collected by the Central Government for an inter-state sale (e.g., Maharashtra to Tamil Nadu)

    Advantages Of GST

    • GST has mainly removed the cascading effect on the sale of goods and services.
    • Removal of the cascading effect has impacted the cost of goods.
    • Since the GST regime eliminates the tax on tax, the cost of goods decreases.
    • Also, GST is mainly technologically driven.
    • All the activities like registration, return filing, application for refund and response to notice needs to be done online on the GST portal, which accelerates the processes.

    Issues with GST

    • High operational cost
    • GST has given rise to complexity for many business owners across the nation.
    • GST has received criticism for being called a ‘Disability Tax’ as it now taxes articles such as braille paper, wheelchairs, hearing aid etc.
    • Petrol is not under GST, which goes against the ideals of the unification of commodities.

    Take a look at the share of GST in government earnings for the previous fiscal:

    UPSC can ask about the majority component of the Revenue Receipts of the govt. See how Corporate tax is nearing the GST revenues.

    Do you think it will surpass GST revenue when the economy is fully recovered?

     

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  • Water Management – Institutional Reforms, Conservation Efforts, etc.

    In news: Bhakra Beas Management Board (BBMB)

    | Economics | Mains Paper 3: Infrastructure: Energy, Ports, Roads, Airports, Railways Etc.

    Political parties in Punjab are up in arms over the Centre’s decision to amend the rules regarding appointments to two key positions on the Bhakra Beas Management Board (BBMB).

    What is BBMB?

    (a) Origin

    • The genesis of BBMB lies in the Indus Water Treaty signed between India and Pakistan in 1960.
    • Under this, waters of three eastern rivers— Ravi, Beas and Sutlej — were allotted to India for exclusive use while Indus, Chenab and Jhelum rivers were allocated to Pakistan.
    • In India, a master plan was drawn to harness the potential of these rivers for providing assured irrigation, power generation and flood control.
    • Bhakra and Beas projects form a major part of this plan and were established as a joint venture of the then undivided Punjab and Rajasthan.

    (b) Establishment

    • Following the reorganization of Punjab on November 1, 1966, and the creation of the state of Haryana, the BBMB was constituted under Section 79 of the Punjab Reorganisation Act, 1966.
    • The administration, maintenance and operation of Bhakra Nangal Dam project was handed over to Bhakra Management on October 1, 1967.
    • On May 15, 1976, when the Beas Projects Works were completed and handed over, the Bhakra Management Board was renamed as Bhakra Beas Management Board (BBMB).
    • Since then, BBMB regulates supply of water and power to Punjab, Haryana, Rajasthan, Himachal Pradesh, Delhi and Chandigarh.

    What is the constitution of the BBMB management?

    • The BBMB management includes a chairperson and two whole time members who are from the partner states of Punjab and Haryana.
    • They are designated as Member (Power) and Member (Irrigation) from Punjab and Haryana, respectively.
    • There is representation from each member state including Rajasthan and Himachal Pradesh as nominated by the respective state governments.
    • The total strength of BBMB is about 12,000 employees and out of these 696 are Group A officers and are posted from the partner states.

    What changes have been made to the BBMB rules?

    • The GoI issued a notification on February 23, 2022 to amend the BBMB Rules 1974, thereby changing the criteria for the selection of whole-time members of the Board.
    • New rules specify technical qualifications for the appointments and pave for the appointment of the members from across India and NOT ONLY from Punjab and Haryana.

    What has been the objection to the new rules?

    • The opposition to the new rules has come from within the engineers’ fraternity, farmers as well as the political parties of Punjab.
    • It is being labeled as an attack on the federal structure of the country.
    • The engineers have pointed out that hardly any engineer would qualify for appointment as per the new specifications.

     

    Back2Basics: Indus Waters Treaty, 1960

    •  The Indus Waters Treaty is a water-distribution treaty between India and Pakistan, brokered by the World Bank signed in Karachi in 1960.
    • According to this agreement, control over the water flowing in three “eastern” rivers of India — the Beas, the Ravi and the Sutlej was given to India.
    • The control over the water flowing in three “western” rivers of India — the Indus, the Chenab and the Jhelum was given to Pakistan.
    • The treaty allowed India to use western rivers water for limited irrigation use and unrestricted use for power generation, domestic, industrial and non-consumptive uses such as navigation, floating of property, fish culture, etc. while laying down precise regulations for India to build projects.
    • India has also been given the right to generate hydroelectricity through the run of the river (RoR) projects on the Western Rivers which, subject to specific criteria for design and operation is unrestricted.

     

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  • North-East India – Security and Developmental Issues

    Kuki Insurgency in Manipur

    | Security Issues | Mains Paper 3: Linkages Between Development & Spread Of Extremism

    Just before the first of the two phases of the Assembly Elections went underway in Manipur, all insurgent groups associated with the Kuki tribes in Manipur said they will vote for a particular political party.

    Who are the Kukis?

    • The Kukis are an ethnic group including multiple tribes originally inhabiting the North-Eastern states of India such as Manipur, Mizoram and Assam; parts of Burma (now Myanmar), and Sylhet district and Chittagong hill tracts of Bangladesh.
    • While Kuki is not a term coined by the ethnic group itself, the tribes associated with it came to be generically called Kuki under colonial rule.
    • In Manipur, the various Kuki tribes, living mainly in the hills, currently make up 30% of the total 28.5 lakh population of the State.
    • While Churachandpur is their main stronghold, they also have a sizable population in Chandel, Kangpokpi, Tengnoupal and Senapati districts.

    Their ethnicity

    • The rest of the population of Manipur is made up mainly of two other ethnic groups — the Meiteis or non-tribal, Vaishnavite Hindus who live in the valley region of Manipur, and the Naga tribes, historically at loggerheads with the Kukis, also living in the hilly areas of the State.
    • Of the 60 seats in the Manipur Assembly, 40 are held by Meiteis and the rest 20 seats are held by Kukis and Nagas.

    What led to the Kuki insurgencies in Manipur?

    • The Kuki insurgent groups have been under Suspension of Operation (SoO) since 2005, when they signed an agreement for the same with the Indian Army.
    • Later, in 2008, the groups entered a tripartite agreement with the State government and the UPA led Central government to temporarily suspend their operations and give political dialogue a chance.
    • Manipur, formerly a princely state including parts of Burma, made the accession into India after Independence, but was only made a full-fledged State in 1972.
    • The resentment over the “forceful” inclusion into India and delay in granting statehood led to the rise of various insurgent movements.

    Roots of the insurgency

    • The roots of Kuki militancy lie in conflicts of ethnic identity.
    • First was the demand for self-determination solely for groups belonging to their ethnic fabric, meaning the dream to form a Kukiland.
    • The second reason for insurgency lies in the inter-community conflicts between the Kukis and the Nagas in Manipur.
    • The Kuki-Naga conflict was started over securing identity and land as some Kuki inhabited areas coincided with Naga inhabited areas.
    • Wanting to dominate trade and cultural activities in those areas the two communities often engaged in violent standoffs, with villages being torched, civilians killed and so on.

     

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  • Parliament – Sessions, Procedures, Motions, Committees etc

    Anti defection: Related issues

    Explainedop-ed snap | Polity | Mains Paper 2: Parliament & State Legislatures

    Context

    In its verdict in the Goa MLAs case, Bombay High Court has misread the 10th schedule of the Constitution, which was meant to prevent horse trading among legislators.

    Understanding the Paragraph (4) of Tenth Schedule

    • Paragraph (4) is an exception to the Tenth Schedule’s main provisions.
    • It operates only when the defectors’ original political party has merged with the party to which they have defected and two-thirds of the members of the legislature belonging to that party have agreed to the merger.
    • Under this provision, the merger of the original political party has to take place first, followed by two-thirds of the MLAs agreeing to that merger.
    • The basic premise of the February 25 judgment is that sub-paragraph (2) is distinct from the parent paragraph, and a factual merger of the original political party is not necessary.
    • This does not square with the content, context and thrust of paragraph (4), which contemplates the factual merger of the original political party — in this case, the INC.
    • The court’s view — the merger of the 10 MLAs of the Congress Legislative Party with the BJP should be regarded as the Congress itself merging with the BJP — goes against the letter and spirit of the Tenth Schedule, paragraph (4) in particular.

    Process for the merger: 2 conditions need to be satisfied

    • 1] Merger alone is not enough: The opening words of sub-paragraph (2) — “for the purposes of sub-paragraph (1) of this paragraph” — clearly mean that to exempt a member from disqualification on account of defection, and for considering this member’s claim that he has become a member of the party with which the merger has taken place, a merger of two political parties alone is not enough.
    • 2] Not less than 2/3 members should also agree: Not less than two-thirds of the members should also agree to such a merger.
    • The lawmakers made it tough for potential defectors to defect.
    •  The words “such merger” make it clear beyond any shadow of doubt that the merger of the original political party has to take place before two-thirds of the members agree to such a merger.
    • The members of the legislature cannot agree among themselves to merge as the court has said, but they can agree to a merger after it takes place.

    Conclusion

    The anti-defection law was designed to eliminate political defection. However, the judgment of the Bombay HC seems to assume that paragraph (4) of the 10th schedule is meant to facilitate defection. This judgment is likely to open the flood gates to defection. The Supreme Court must intervene quickly.

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  • Climate Change Impact on India and World – International Reports, Key Observations, etc.

    IPCC releases part of the Sixth Assessment Report

    | Enviro & Biodiversity | Mains Paper 1: Important Geophysical Phenomena

    What is the issue:

    The Intergovernmental Panel on Climate Change (IPCC) released the second part of its sixth assessment report. The first part was released in 2021.

    What is IPCC?

    • The IPCC, an intergovernmental body was established in 1988 by the World Meteorological Organization (WMO) and the United Nations Environment Programme (UNEP).
    • It was later endorsed by the UN General Assembly. Membership is open to all members of the WMO and UN.
    • The IPCC produces reports that contribute to the work of the UN Framework Convention on Climate Change (UNFCCC), the main international treaty on climate change.
    • The objective of the UNFCCC is to “stabilize greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic (human-induced) interference with the climate system.”

    What are the Assessment Reports?

    • Every few years, the IPCC produces assessment reports that are the most comprehensive scientific evaluations of the state of earth’s climate.
    • Instead, it asks scientists from around the world to go through all the relevant scientific literature related to climate change and draw up the logical conclusions.
    • So far, five assessment reports have been produced, the first one being released in 1990.
    • The IPCC’s Fifth Assessment Report was a critical scientific input into the UNFCCC’s Paris Agreement in 2015.

    Highlights of the recent report

    • Rapidly advancing climate change: From the melting of the Greenland ice sheet to the destruction of coral reefs, climate related impacts are hitting the world at the high end much more quickly than previously assessed by the IPCC.
    • Limitations of technology: The use of some technologies designed to limit warming or reduce CO2 could make matters worse rather than better.
    • Impact of urbanization: While large cities are hotspots for climate impacts, they also offer a real opportunity to avoid the worst impacts of warming.
    • Limited opportunity for mitigation: The report has warned the opportunity for action will only last for the rest of this decade.

    Some projections of the first part of 6th Report

    • Regional focus: It is expected that this report would likely state what the scenarios for sea-level rise in the Bay of Bengal region is, not just what the average sea-level rise across the world is likely to be.
    • Rise of extreme events: There is expected to be bigger focus on extreme weather events, like the ones we have seen in the last few weeks.
    • Vulnerabilities of urban areas: Densely populated mega-cities are supposed to be among the most vulnerable to impacts of climate change. The report is expected to present specific scenarios the climate change impacts on cities and large urban populations, and also implications for key infrastructure.
    • Synergy of climate action is needed: IPCC is expected to present a more integrated understanding of the situation, cross-link evidence and discuss trade-offs between different options or pathways, and also likely to cover social implications of climate change action by countries.

    Here is what the previous assessment reports had said:

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  • Foreign Policy Watch: India-Nepal

    Controversy around the $500 million MCC grant to Nepal

    | International Relations | Mains Paper 2: Bilateral, Regional and Global Groupings and agreements involving India

    Nepal’s House of Representatives has ratified 500 million US Dollar grant assistance-Millennium Challenge Corporation (MCC) pact along with the “interpretative declaration”.

    What is Millenium Challenge Corporation?

    • The MCC was founded in 2004 as a US foreign aid agency that acts in accordance with governments that have demonstrated a commitment to good governance, economic freedom, and citizen investment.
    • It was envisioned as an organisation that would follow the Paris Declaration on Aid Effectiveness’ key principles.
    • MCC works with countries that have been identified as being eligible for assistance to develop programmes that are based on MCC’s purpose of decreasing poverty via economic growth.
    • MCC’s results framework, which is based on the fourth and fifth principles of the Paris Declaration, Results and Mutual Accountability.
    • It provides a framework for applying the agency’s rigorous methods for projecting, tracking, and evaluating the effects of its programmes.
    • MCC uses this framework to address basic questions about aid effectiveness.

    Investments made by MCC

    • Compact and threshold programmes are the two types of programmes in which MCC invests.
    • Compacts are large, five-year grants implemented by an accountable entity established by each partner nation.
    • Thresholds are smaller funds focusing on policy and institutional transformation in selected countries implemented by MCC.

    The background of the project

    • MCC’s partnership with Nepal began in 2011, when the country requested assistance.
    • MCC first chose Nepal for a smaller threshold grant, and subsequently in December 2014, for a larger compact.
    • Three years later, in September 2017, the MCC-Nepal compact was signed, with the US committing $500 million and Nepal committing $130 million.
    • Nepal is expected to generate an electricity infrastructure with 400kVA transmission lines through the MCC project, which will be used to distribute power both domestically and to India.
    • Furthermore, the MCC’s implementation could boost the Nepalese economy by increasing employment possibilities and increasing per capita income.

    Issues with the project

    • It is estimated that if the agreement is not passed by Parliament, the power producers in the country are likely to lose a staggering Rs. 142 billion every year.
    • As a result, PM Sher Bahadur Deuba is striving to get the MCC passed in Parliament as soon as possible, even if it means splitting the coalition government.
    • In addition, if he fails to get it through Parliament, there is a possible risk of losing his international credibility.

    America vs China: Objections around MCC

    • The MCC agreement has created a political divide in Nepal.
    • The compact has been criticised in Nepal as endangering the country’s sovereignty, integrity, and constitutional autonomy.
    • The claim that the MCC agreement supersedes the national charter and shall prevail over Nepal’s domestic laws.
    • Many have interpreted this to suggest that the compact replaces the constitution, compromising Nepal’s sovereignty.
    • The MCC’s inclusion in the Indo-Pacific Strategy (IPS) is considered problematic for Nepal, as the majority of the country’s political class views the US strategy as anti-China.

    India’s role in the ongoing political crisis in Nepal

    • Few claim that the electricity generated by MCC will be only for export to India and will not be for the local public.
    • As a result, it will not benefit the local economy directly.
    • Nepal’s hydroelectric generation potential is huge, with over 6,000 large and small rivers.
    • However, through a series of barrages and dams, India has control over the majority of Nepal’s major rivers.
    • Nationalists in the Himalayan country have strongly objected to this.
    • In Nepal, where India is still perceived as a meddling big brother, its goal of strengthening India’s military capabilities through this agreement to counter China’s was questioned.

     

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  • Coal and Mining Sector

    Land protests over Deocha Pachami Coal Block

    Prelims Only | Economics | Mains Paper 3: Infrastructure: Energy, Ports, Roads, Airports, Railways Etc.

    The West Bengal government’s ambitious Deocha Pachami coal block mining project in Birbhum district has run into hurdles over land acquisition and other issues.

    Deocha Pachami Coal Block

    • The State government is planning to start mining at the Deocha Pachami coal block, considered to be the largest coal block in the country with reserves of around 1,198 million tonnes of coal.
    • It is spread over an area of 12.31 sq. km, which is around 3,400 acres.
    • There are around 12 villages in the project area with a population of over 21,000, comprising Scheduled Castes and Scheduled Tribes.

    Why are locals upset?

    • The project is facing protests over land acquisition of which a significant part is forest land.
    • Locals, mostly Santhal tribals, have close affinity with the land, with forests and waterways, and rely on it for their needs.
    • The tribals were harassed and had been arrested under false and serious charges for protesting.
    • Also, the project details have not yet been made public; and the environment clearance is awaited.

    Back2Basics:

    Coal

    • This is the most abundantly found fossil fuel. It is used as a domestic fuel, in industries such as iron and steel, steam engines and to generate electricity. Electricity from coal is called thermal power.
    • The coal which we are using today was formed millions of years ago when giant ferns and swamps got buried under the layers of earth. Coal is therefore referred to as Buried Sunshine.
    • The leading coal producers of the world include China, US, Australia, Indonesia, India.
    • The coal-producing areas of India include Raniganj, Jharia, Dhanbad and Bokaro in Jharkhand.
    • Coal is also classified into four ranks: anthracite, bituminous, sub-bituminous, and lignite. The ranking depends on the types and amounts of carbon the coal contains and on the amount of heat energy the coal can produce.

     

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  • Foreign Policy Watch: India-Russia

    What is the International Court of Justice?

    Prelims Only | International Relations | Mains Paper 2: International Institutions

    Ukraine has filed an application before the International Court of Justice (ICJ), instituting proceedings against the Russian Federation for committing Genocide.

    International Court of Justice

    • The ICJ is the principal judicial organ of the United Nations (UN).
    • It was established in June 1945 by the Charter of the United Nations and began work in April 1946.
    • The court is the successor to the Permanent Court of International Justice (PCIJ), which was brought into being through, and by, the League of Nations.
    • It held its inaugural sitting at the Peace Palace in The Hague, Netherlands, in February 1922.

    Its establishment

    • After World War II, the League of Nations and PCIJ were replaced by the United Nations and ICJ respectively.
    • The PCIJ was formally dissolved in April 1946, and its last president, Judge José Gustavo Guerrero of El Salvador, became the first president of the ICJ.
    • The first case, which was brought by the UK against Albania over concerning incidents in the Corfu channel — the narrow strait of the Ionian Sea between the Greek island of Corfu and Albania.

    Seat and role

    • Like the PCIJ, the ICJ is based at the Peace Palace in The Hague.
    • It is the only one of the six principal organs of the UN that is not located in New York City.
    • The other five organs are:
    1. General Assembly
    2. Security Council
    3. Economic and Social Council
    4. Trusteeship Council
    5. Secretariat
    • The court as a whole must represent the main forms of civilization and the principal legal systems of the world.
    • The judges of the court are assisted by a Registry, the administrative organ of the ICJ. English and French are the ICJ’s official languages.

    Jurisdiction of ICJ

    • All members of the UN are automatically parties to the ICJ statute, but this does not automatically give the ICJ jurisdiction over disputes involving them.
    • The ICJ gets jurisdiction only if both parties consent to it.
    • The judgment of the ICJ is final and technically binding on the parties to a case.
    • There is no provision of appeal; it can at the most, be subject to interpretation or, upon the discovery of a new fact, revision.
    • However, the ICJ has no way to ensure compliance of its orders, and its authority is derived from the willingness of countries to abide by them.

    Judges of the court

    • The ICJ has 15 judges who are elected to nine-year terms by the UN General Assembly and Security Council, which vote simultaneously but separately.
    • To be elected, a candidate must receive a majority of the votes in both bodies, a requirement that sometimes necessitates multiple rounds of voting.
    • Elections are held at the UNHQ in New York during the annual UNGA meeting.
    • A third of the court is elected every three years.
    • The judges elected at the triennial election commence their term of office on February 6 of the following year.
    • The president and vice-president of the court are elected for three-year terms by secret ballot. Judges are eligible for re-election.

    India in ICJ

    • Four Indians have been members of the ICJ so far.
    • Justice Dalveer Bhandari, former judge of the Supreme Court, has been serving at the ICJ since 2012.
    • Former Chief Justice of India R S Pathak served from 1989-91, and former Chief Election Commissioner of India Nagendra Singh from 1973-88.
    • Singh was also president of the court from 1985-88, and vice-president from 1976-79.
    • Before him, Sir Benegal Rau, who was an advisor to the Constituent Assembly, was a member of the ICJ from 1952-53.

    Indian cases at the ICJ

    • India has been a party to a case at the ICJ on six occasions, four of which have involved Pakistan.
    • They are:
    1. Right of Passage over Indian Territory (Portugal v. India, culminated 1960);
    2. Appeal Relating to the Jurisdiction of the ICAO Council (India v. Pakistan, culminated 1972);
    3. Trial of Pakistani Prisoners of War (Pakistan v. India, culminated 1973);
    4. Aerial Incident of 10 August 1999 (Pakistan v. India, culminated 2000);
    5. Obligations concerning Negotiations relating to Cessation of the Nuclear Arms Race and to Nuclear Disarmament (Marshall Islands v. India, culminated 2016); and
    6. (Kulbhushan) Jadhav (India v. Pakistan, culminated 2019).

    Back2Basics:

    BASIS INTERNATIONAL CRIMINAL COURT INTERNATIONAL COURT OF JUSTICE
    Relationship with the United Nations Independent; UN Security Council may refer matters to it Primary judicial branch of the UN.
    Members 105 members 193 members (all members of the United Nations).
    Derives authority from The Rome Statute Charter of the United Nations and the Statute of the International Court of Justice.
    Scope of work Criminal matters – investigating and prosecuting crimes of genocide, crimes against humanity, and war crimes Civil matters- settling legal disputes between the member-states and giving advisory opinions on international legal issues
    Jurisdiction Only the member nations of the ICC, which means around 105 countries. Can try individuals. All the member nations of the UN, which means 193 countries. Cannot try individuals and other private entities.
    Composition 1 prosecutor and 18 judges, who are elected for a 9-year term each by the member-states which make up the Assembly of State Parties with all being from different nations 15 judges who are elected for a 9-year term each and are all from different nations.
    Funding Funded by state parties to the Rome Statute and voluntary contributions from the United Nations, governments, individual corporations, etc. Funded by the UN.

     

     

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