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  • Fertilizer Sector reforms – NBS, bio-fertilizers, Neem coating, etc.

    Reforming the fertilizer sector

    Context

    Since 1991, when economic reforms began in India, several attempts have been made to reform the fertilizer sector to keep a check on the rising fertilizer subsidy bill, promote the efficient use of fertilizers, achieve balanced use of N, P, and K (nitrogen, phosphorus, and potassium), and reduce water and air pollution caused by fertilizers like urea.

    Several attempts have been made to reform the fertilizer sector to keep a check on the rising fertilizer subsidy bill.

    Background

    • After years of unchanged prices, the budget of 1991 raised the issue prices of fertilizers by 40% on average. This rise was rolled down to 30% in a few months, with exemption to small and marginal farmers from the price increase.
    • Due to opposition, the increase in Urea price was further rolled back to 17% over the pre-reform price.
    • It resulted in a big shift in the composition of fertilizers used in the country in favor of urea and thus Nitrogen (N).
    • The government started Nutrient Based Subsidy in 2010 to address the growing imbalance in fertilizer use, which was skewed towards urea (N).
    • However, only non-nitrogenous fertilizers P and K (phosphorus and potassium) were included in NBS; urea was left out.

    Need for reforms on three fronts

    Reforms are needed to promote in three key areas:

    1) The efficient use of fertilizers.

    2) To achieve balanced use of N, P, and K (nitrogen, phosphorus, and potassium).

    3) To reduce water and air pollution caused by fertilizers like urea.

    Challenges in the fertilizer sector

    A] Distortion in use due to price difference

    • The Union Budget of July 1991 raised the issue prices of fertilizers by 40% on average.
    • Due to opposition to increasing fertilizer prices, the increase in the price of urea was rolled back to 17% a year later over the pre-reform price.
    • The shift in the composition of fertilizer used: This change disturbed the relative prices of various fertilizers and resulted in a big shift in the composition of fertilizers used in the country in favor of urea and thus N.
    • Farmers tended to move towards balanced use, but policy and price changes reversed the favorable trend a couple of times in the last three decades.
    • In 2019-20, fertilizer use per hectare of cultivated area varied from 70 kg of NPK in Rajasthan to 250 kg in Telangana
    • Further, the composition of total plant nutrients in terms of the N, P, K ratio deviated considerably from the recommended or optimal NPK mix.
    • It was 33.7:8.0:1 in Punjab and 1.3:0.7:1 in Kerala.

    2] Increasing fertilizer subsidy

    • Fertilizer subsidy has doubled in a short period of three years. For 2021-22, the Union Budget has estimated fertilizer subsidy at ₹79,530 crores (from ₹66,468 crores in 2017-18).
    • The subsidy is likely to reach a much higher level due to the recent upsurge in the prices of energy, the international prices of urea and other fertilizers, and India’s dependence on imports.
    • In order to minimize the impact of rising in prices on farmers, the bulk of the price rise is absorbed by the government through enhanced fertilizer subsidy.
    • This is likely to create serious fiscal challenges.
    • At current prices, farmers pay about ₹268 per bag of urea and the Government of India pays an average subsidy of about ₹930 per bag.
    • Thus, taxpayers bear 78% of the cost of urea and farmers pay only 22%. This is expected to increase and is not sustainable.

    3] Import dependence

    • Total demand for urea: The total demand for urea in the country is about 34-35 million tonnes (mln t) whereas the domestic production is about 25 mln t.
    • The requirement of Diammonium Phosphate (DAP) is about 12 mln t and domestic production is just 5 mln t.
    • This leaves the gap of nearly 9-10 mln t for urea and 7 mln t for DAP, which is met through imports.
    • The use of Muriate of Potash is about 3 mln t.
    • This is entirely imported.
    • The international prices of fertilizers are volatile and almost directly proportional to energy prices.

    Need to shift our focus to Bio-fertilizers

    • Bio-fertilizers are cheap, renewable, and eco-friendly, with great potential to supplement plant nutrients if applied properly. However, they are not a substitute for chemical fertilizers.
    • They improve the health of the soil. Since it provides nutrients to the soil in a small and steady manner, its immediate effects are not very visible.
    • Sales of biofertilizers in the country have not picked up because of a lack of knowledge and its slow impact on the productivity of the soil.
    • The use of biofertilizers is necessary to maintain soil health as more and more use of chemical fertilizers kills all the microorganisms available in the soil, which are so essential for maintaining soil health.
    • Supplementary use of biofertilizers with chemical fertilizers can help maintain soil fertility over a long period.
    • The overall strategy for increasing crop yields and sustaining them at a high level must include an integrated approach to the management of soil nutrients, along with other complementary measures.

    Way forward

    • Self-reliance: we need to be self-reliant and not depend on the import of fertilizers.
    • In this way, we can escape the vagaries of high volatility in international prices.
    • In this direction, five urea plants at Gorakhpur, Sindri, Barauni, Talcher, and Ramagundam are being revived in the public sector.
    • Extend NBS model to urea: The government introduced the Nutrient Based Subsidy (NBS) in 2010 to address the growing imbalance in fertilizer use.
    • However, only non-nitrogenous fertilizers (P and K) moved to NBS; urea was left out.
    • We need to extend the NBS model to urea and allow for price rationalization of urea compared to non-nitrogenous fertilizers and prices of crops.
    • Develop alternative sources of nutrition for plants: Discussions with farmers and consumers reveal a strong desire to shift towards the use of non-chemical fertilizers as well as a demand for bringing parity in prices and subsidy given to chemical fertilizers with organic and biofertilizers.
    • This also provides the scope to use large biomass of crop that goes waste and enhance the value of livestock by-products.
    • We need to scale up and improve innovations to develop alternative fertilizers.
    • Improve fertilizer efficiency:  India should pay attention to improving fertilizer efficiency through need-based use rather than broadcasting fertilizer in the field.
    • The recently developed Nano urea by IFFCO shows promising results in reducing the usage of urea.

    Consider the question “What are the challenges facing the fertiliser sector in India? How subsidies lead to distortion in the use of various types of fertilisers.”

    Conclusion

    These changes will go a long way in enhancing the productivity of agriculture, mitigating climate change, providing an alternative to chemical fertilizers and balancing the fiscal impact of fertilizer subsidy on the Union Budgets in the years to come.


    Back2Basics: Nutrient Based Subsidy

    • Under the NBS regime – fertilizers are provided to the farmers at subsidized rates based on the nutrients (N, P, K & S) contained in these fertilizers.
    • Also, the fertilizers which are fortified with secondary and micronutrients such as molybdenum (Mo) and zinc are given additional subsidy.
    • The subsidy on Phosphatic and Potassic (P&K) fertilizers is announced by the Government on an annual basis for each nutrient on a per kg basis – which are determined taking into account the international and domestic prices of P&K fertilizers, exchange rate, inventory level in the country etc.
    • NBS policy intends to increase the consumption of P&K fertilizers so that optimum balance (N:P:K= 4:2:1) of NPK fertilization is achieved.

    [pib] Nutrient Based Subsidy (NBS) for Phosphatic & Potassic (P&K) Fertilizers

  • Banking Sector Reforms

    Co-op Societies are not banks, RBI cautions

    The Reserve Bank of India (RBI) has cautioned members of the public not to deal with cooperative societies undertaking banking business by adding ‘bank’ to their names.

    What is the news?

    • It has also come to the notice of RBI that some co-operative societies are accepting deposits from non-members/nominal members/ associate members.
    • This is tantamount to conducting banking business in violation of the provisions.

    Who can use ‘Bank’ title?

    • The Banking Regulation Act, 1949 was amended by the Banking Regulation (Amendment) Act, 2020, which came into force on September 29, 2020.
    • Accordingly, co-operative societies cannot use the words “bank”, “banker” or “banking” as part of their names, except as permitted under the provisions of BR Act, 1949 or by the RBI.

    What is Cooperative Banking?

    • Cooperatives are people-centred enterprises owned, controlled and run by and for their members to realise their common economic, social, and cultural needs and aspirations.
    • Cooperative bank is an institution established on the cooperative basis and dealing in ordinary banking business.
    • Like other banks, the cooperative banks are founded by collecting funds through shares, accept deposits and grant loans.
    • They are regulated by the Reserve Bank of India (RBI) and governed by the
    1. Banking Regulations Act 1949
    2. Banking Laws (Co-operative Societies) Act, 1955

    Features of Cooperative Banks

    • Cooperative banks are generally concerned with the rural credit and provide financial assistance for agricultural and rural activities.
    • Such banking in India is federal in structure. Primary credit societies are at the lowest rung.
    • Then, there are central cooperative banks at the district level and state cooperative banks at the state level.
    • Cooperative credit societies are mostly located in villages spread over the entire country.

    History of Cooperative Banking in India:

    • The cooperative movement in India was started primarily for dealing with the problem of rural credit.
    • The history of Indian cooperative banking started with the passing of Cooperative Societies Act in 1904.
    • The objective of this Act was to establish cooperative credit societies “to encourage thrift, self-help and cooperation among agriculturists, artisans and persons of limited means.”
    • Many cooperative credit societies were set up under this Act.
    • The Cooperative Societies Act, 1912 recognised the need for establishing new organisations for supervision, auditing and supply of cooperative credit.

    Structure of Cooperative Banking

    • The whole structure of cooperative credit institutions is shown in the chart given.
    • There are different types of cooperative credit institutions working in India.
    • These institutions can be classified into two broad categories- agricultural and non-agricultural.
    • Agricultural credit institutions dominate the entire cooperative credit structure.

    Various facets of cooperatives in India

    • Cooperatives in India have grown exponentially.
    • In the banking sector, according to the RBI, their contribution to rural credit increased from 3.1 percent in 1951 to an impressive 27.3 percent in 2002.

    Importance of Cooperative Banks:

    • The cooperative banking system has to play a critical role in promoting rural finance and is especially suited to Indian conditions.
    • Various advantages of cooperative credit institutions are given below:

    (1) Alternative Credit Source:  The main objective of the cooperative credit movement is to provide an effective alternative to the traditional defective credit system of the village moneylender.

    (2) Cheap Rural Credit: Cooperative credit system has cheapened the rural credit by charging comparatively low-interest rates, and has broken the money lender’s monopoly.

    (3) Productive Borrowing:  The cultivators used to borrow for consumption and other unproductive purposes. But, now, they mostly borrow for productive purposes.

    (4) Encouragement to Saving and Investment: Instead of hoarding money the rural people tend to deposit their savings in cooperative or other banking institutions.

    (5) Improvement in Farming Methods: Cooperative credit is available for purchasing improved seeds, chemical fertilizers, modern implements, etc.

    (6) Financial Inclusion: They have played a significant role in the financial inclusion of unbanked rural masses. They provide cheap credit to the masses in rural areas.

     

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  • Minimum Support Prices for Agricultural Produce

    Farm distress and the demand for guaranteed MSP

    Despite the announcement to repeal the three farm laws, farmers have decided to continue protesting for a legal mandate for Minimum Support Prices (MSP).

    What is the Minimum Support Price (MSP) system?

    • MSP is a form of market intervention by the Govt. of India to insure agricultural producers against any sharp fall in farm prices.
    • MSP is price fixed by GoI to protect the producer – farmers – against excessive falls in price during bumper production years.

    Who announces it?

    • The govt. announces MSPs for 22 mandated crops and fair and remunerative prices (FRP) for sugarcane.
    • MSP is announced at the beginning of the sowing season for certain crops on recommendations by Commission for Agricultural Costs and Prices (CACP).
    • It is announced by Cabinet Committee on Economic Affairs (CCEA) chaired by the PM of India.

    Why MSP?

    • The major objectives are to support the farmers from distress sales and to procure food grains for public distribution.
    • They are a guaranteed price for their produce from the Government.
    • In case the market price for the commodity falls below the announced MSP due to bumper production and glut in the market, government agencies purchase the entire quantity offered by the farmers at the announced MSP.

    Need for Guaranteed MSPs

    • No legal protection: While the government does announce MSPs every year, it is not required to do so by law. The compulsion to procure on MSP is political, not legal.
    • Discretion of procurement: But if there were to be a law backing the MSP regime, the government would lose its existing discretion in choosing not to procure.
    • Compulsion: A legal mandate for MSP would force the government to purchase all the products that any farmer wants to sell at the declared MSP.
    • State-wide procurement: It would also have to procure from all states, and all crops for which MSPs are announced.

    Failures of MSPs

    • A legally mandated MSP regime is likely to be neither feasible nor sustainable in the long run since Demand-side constrains are never accounted while procuring.
    • Already grain stocks lying with the government are more than twice its buffer requirement, and sometimes end up rotting.
    • At a fundamental level, the problem is there are just too many people involved in Indian agriculture for it to be truly remunerative.
    • To a great extent, the solution to the economic distress of Indian farmers lies outside agriculture — in boosting India’s industrial and services sectors.

    Possible way forward

    • It seems logical that instead of bypassing the market by using MSPs, the government should make efforts to enable farmers to participate in the market.
    • The way forward is to ramp up investment in the agriculture sector.
    • This means better irrigation facilities, easier access to credit, timely access to power, and ramping up warehouse capacity and extension services, including post-harvest marketing.
    • The approach has to be to raise the farmers’ bargaining ability and choices before them.

     

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  • Special Category Status and States

    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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  • International Space Agencies – Missions and Discoveries

    Matosinhos Manifesto for accelerated use of space in Europe

    The European Space Agency (ESA) has approved a Matosinhos Manifesto to accelerate the use of space in Europe.

    Matosinhos Manifesto

    • At the Intermediate Ministerial Meeting that was held in Matosinhos, Portugal.
    • The Council of Ministers unanimously adopted this resolution that lays down a vision for the continent in terms of maintaining and expanding its activities in space.
    • The large-scale nature and fast pace of the climate crisis and other challenges means that no European nation will be able to effectively address them alone.

    The manifesto defines three “accelerators” to further advance Europe’s space ambitions:

    1. The first of these accelerators is for the ESA to start working towards the “Space for a Green Future”
    2. The second accelerator is called “Rapid and Resilient Crisis Response” to support governments to act decisively on crises facing Europe, from flooding and storms to wildfires
    3. The third accelerator mentioned in the resolution is “Protection of Space Assets”, whose objective is to safeguard ESA astronauts and assets from interference by space debris and space weather

    A brief history of the ESA

    • The ESA is an intergovernmental organization that was formed in 1975 with the aim of developing Europe’s space capabilities.
    • The organization has 22 member states — Austria, Belgium, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, the Netherlands, Norway, Poland, Portugal, Romania, Spain, Sweden, Switzerland and the UK.
    • Slovenia, Latvia and Lithuania are Associate Members.

     

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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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  • Modern Indian History-Events and Personalities

    Who was Rani Gaidinliu?

    Union Home Minister has laid the foundation for ‘Rani Gaidinliu Tribal Freedom Fighters Museum’ in Imphal, Manipur.

    Rani Gaidinliu

    • Gaidinliu (26 January 1915 – 17 February 1993) was a Naga spiritual and political leader who led a revolt against British rule in India.
    • At the age of 13, she joined the Heraka religious movement of her cousin Haipou Jadonang.
    • The movement later turned into a political movement seeking to drive out the British from Manipur and the surrounding Naga areas.
    • Within the Heraka faith, she came to be considered an incarnation of the Goddess Cherachamdinliu.

    Meeting with Pt. Nehru

    • Gaidinliu was arrested in 1932 at the age of 16, and was sentenced to life imprisonment by the British rulers.
    • Jawaharlal Nehru met her at Shillong Jail in 1937 and promised to pursue her release.
    • Nehru gave her the title of “Rani” (“Queen”), and she gained local popularity as Rani Gaidinliu.

    Her legacy

    • She was released in 1947 after India’s independence and continued to work for the upliftment of her people.
    • An advocate of the ancestral Naga religious practices, she staunchly resisted the conversion of Nagas to Christianity.
    • She was honored as a freedom fighter and was awarded a Padma Bhushan by the Government of India.

     

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  • Insolvency and Bankruptcy Code

    Tackling the problem of bad loans

    Context

    The newly-created National Asset Reconstruction Company (NARCL) in the public sector offers hopes for the faster clean up of lenders’ balance sheets.

    Features of National Asset Reconstruction Company (NARCL)

    • The newly-minted ARC, NARCL is not a bank, but a specialised financial institution to help resolve the distressed assets of banks.
    • Faster aggregation: Its greatest virtue lies in the faster aggregation of distressed assets that lie scattered across several lenders.
    •  Soverign assurance: Its securitised receipts (SRs) carry sovereign assurance.
    • This is of particular comfort to PSU banks as price discovery would not be subject to later investigations.
    • Focus on large accounts: It would initially focus on large accounts with debts over Rs 500 crore.
    • IDRCL: All eyes will be focused on IDRCL (Indian Debt Resolution Company), the operating arm, which would be in the private sector.

    Past policy measures to resolve the bad debts

    • Institutional measures include BIFR (Board for Industrial and Financial Reconstruction, 1987), Lokadalat, DRT (Debt Recovery Tribunal, 1993), CDR (Corporate Debt Restructure, 2001), SARFAESI (Securitisation and Reconstruction of Financial Assets and Enforcement, 2002), ARC (Asset Recovery Company, 2002).
    • The RBI has also launched a slew of measures during 2013-14 to resolve, reconstruct and restructure stressed assets.

    Why the measures to resolve the bad debt failed?

    • Of the 28 ARCs (private sector) in operation, many are bit players.
    • Dominance of few ARC: The top five ARCs account for over 70 per cent of the asset under management (AUM) and nearly 65 per cent of the capital.
    • Restructuring as an exception: Financial and business restructuring appears to be more an exception than the norm.
    • Nearly one-third of debts are rescheduled.
    • This is not much value addition to what lenders would have otherwise done at no additional cost.
    • Success and shortcomings of IBC: The IBC, introduced in 2016, was landmark legislation and marked a welcome departure from the earlier measures, with a legally time-bound resolution.
    • The focus is on resolution rather than recovery.
    •  It nearly put an end to evergreening.
    • Even though there are delays under this newfound promise, they are counted in terms of days and not years and decades.
    • The NCLT (National Company Law Tribunal)  is the backbone of the IBC, but lamentably is starved of infrastructure and over 50 per cent (34 out of 63) of NCLT benches were bereft of regular judges.
    •  Even the parliamentary committee has expressed indignation on a large number of positions left vacant.
    • This lack of adequate infrastructure, coupled with the poor quality of its decisions, has proved to be the IBC’s Achilles’ heel.
    • We need judicial reforms for early and final resolutions.
    • Issue of delayed recognition and resolution: Forty-seven per cent of the cases referred to the IBC, representing over 1,349 cases, have been ordered for liquidation.
    • Against the aggregate claims of the creditors of about Rs 6.9 lakh crore, the liquidation value was estimated at a paltry Rs 0.49 lakh crore.

    Suggestions to make IBC more effective

    • Delayed recognition and resolution: Lenders and regulators need to address the issue of delayed recognition and resolution.
    • Business stress and/or financial stress needs to be recognised even prior to regulatory norms on NPA classification.
    • Dealing with anchoring bias: The tendency to make decisions on the basis of first available information is called “anchoring bias”.
    •  The first available information in bidding for distressed assets is the cost of acquisition to ARCs.
    • Potential bidders would quote prices nearer to this anchor.
    • Nobel Laureate Daniel Kahneman has suggests a three-step process to mitigate anchor bias: One, acknowledge the bias; two, seek more and new sources of information, and three, drop your anchor on the basis of new information.

    Way forward for NARC

    • Forbid wilful defaulters from taking back distressed asset: The IBC has made considerable progress in bringing about behavioural change in errant and wilful defaulters by forbidding them to take back distressed assets.
    • Otherwise, the credit culture suffers.
    • The NARC should uphold this principle, not dilute it
    • Introduce Sunset clause: It should have a sunset clause of three to five years.
    • This will avoid the perpetuation of moral hazard and also encourage expeditious resolution.
    • Deal with anchor bias: Anchor bias needs to be mitigated by better extrinsic value discovery.
    • Avoid selling to other ARCs: It should avoid selling to other ARCs.

    Conclusion

    The RBI has recently released (November 2) a report on the working of ARCs and makes 42 recommendations to improve the performance of ARCs. This article incidentally makes an effort to identify some constraints and offer solutions to improve the performance of ARCs.

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  • Foreign Policy Watch: India-China

    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.
  • Judicial Reforms

    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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