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  • Give reforms a chance

    Agri-bill passed by the Parliament resulted in the protest from farmers from several states. The bills have also been challenged on the legal footing as well. This article explains how the bills will benefit the farmers and also examines the legal basis used for their passage.

    States trying to nullify the agri bills passed by Parliament

    • Parliament has passed three bills on agriculture reform. This has evoked protests, largely in Punjab and Haryana.
    • Taking recourse to Article 254 of the Constitution, the Punjab government has passed its own bills to nullify some provisions of the central acts.
    • Similar action by the Chhattisgarh and Rajasthan governments seems to be on the anvil.

    Legal justification for Parliament passing the laws related to agriculture

    • The Constitution has placed agriculture on the state list.
    • Various petitions have also been filed in the Supreme Court claiming that the central laws infringe upon the jurisdiction of state governments.
    • However, it is the Centre which decides and announces support prices for major crops for the entire country.
    • It also decides issues such as bank loan waivers.
    • International agreements and multilateral trade in agricultural products also fall in the Union government’s domain.
    • Agricultural and dairy products, in fact, had a prominent role in India not joining the Regional Comprehensive Economic Partnership (RCEP).
    • Entry 33 in the concurrent list limits the power of states in agriculture, by empowering both governments to legislate on production, trade and supply of a range of agricultural foodstuffs and raw material.

    Use of Article 254 to bypass Central law

    • The Punjab bill has set in motion the process of states taking refuge under Article 254 to pass their own pieces of legislation.
    • All state bills that seek to nullify central acts have to be approved by the President after they have received the consent of the governor of the state.

    Way forward

    • Reformist chief ministers and astute policy planners should grab this opportunity and encourage investment in private infrastructure to create supply chains and give the farmer the benefit of demand-led prices.
    • They should also take appropriate action to create institutional mechanisms, such as farmer producer organisations or aggregators, to ensure greater farmer participation.

    Conclusion

    It would be in the interests of the farming community and state governments to give the much-delayed reform measures a fair chance by giving them access to competitive purchases, affording better prices.

  • How to improve the financial picture of the DisComs

    The article analyses the factors responsible for financial difficulties faced by the DisComs and suggests the ways to deal with the issues.

    Important role of the DisComs

    • Distribution Companies (DisComs) are the utilities that typically buy power from generators and retail these to consumers.
    • For all of India’s global leadership for growth of renewable energy, or ambitions of smart energy, the buck stops with the DisComs.
    • The days of scarcity of power are over.
    • The physical supply situation has mostly improved.
    • But the financial picture has not brightened much.

    Analysing the data on liabilities of the DisComs

    •  ₹90,000 crore (later upgraded to  ₹1,25,000 crore) was earmarked for DisComs in ₹20-lakh crore package announced in the wake of Covid-19’s economic shock.
    • The Power Finance Corporation (PFC)’s Report on Utility Workings for 2018-19 showed dues to generators were ₹2,27,000 crore, and this is well before COVID-19.
    • It also showed similar Other Current Liabilities.
    • DisComs have delayed their payments upstream (not just to generators but others as well) — in essence, treating payables like an informal loan.

    But why do DisComs not pay on time?

    • Ideally, DisComs should not incur losses as they enjoy a regulated rate of return.
    • While AT&C losses can explain part of any gap. Major reasons are as discussed below:

    1) Regulatory issue and cash-flow gap due to it

    • The first problem starts at the regulatory level where even if DisComs performed as targeted, across India, they would face a considerable cash flow gap.
    • This cash flow gap was ₹60,000-plus crore in FY18-19 compared to their then annual cost structure of ₹7.23-lakh crore.

    2) Payabeles issue: Due from consumers, state and regulatory gap

    •  These dues are of three types.
    • First, regulators themselves have failed to fix cost-reflective tariffs thus creating Regulatory Assets,which are to be recovered through future tariff hikes.
    • Second, about a seventh of DisCom cost structures is meant to be covered through explicit subsidies by State governments.
    • Third, consumers owed DisComs over ₹1.8 lakh crore in FY 2018-19, booked as trade receivables.
    • State governments are the biggest defaulters, responsible for an estimated a third of trade receivables, besides not paying subsidies in full or on time.

    3) Challenge of renewable energy

    • The rise of renewable energy means that premium customers will leave the system partly first by reducing their daytime usage.
    • And as battery technologies mature, their dependence on DisComs may wane entirely.
    • Even without batteries, regulations permitting, they may want to find third party suppliers under competitive models.

    Impact of Covid pandemic

    • COVID-19 has completely shattered incoming cash flows to utilities.
    •  The revenue implications were far worse since the lockdown disproportionately impacted revenues from so-termed paying customers, commercial and industrial segments.
    • Reduced demand for electricity did not save as much because a large fraction of DisCom cost structures are locked in through Power Purchase Agreements (PPAs) that obligate capital cost payments, leaving only fuel savings with lower offtake.

    Way forward

    • We will probably need a much larger liquidity infusion than has been announced thus far, but it also must go hand-in-hand with credible plans to pay down growing debt.
    • We need a complete overhaul of the regulation of electricity companies and their deliverables.
    • We need to apply common sense metrics of lifeline electricity supply instead of the political doleout of free electricity even for those who may not deserve such support.
    • For the rest, regulators must allow cost-covering tariffs.

    Consider the question “Examine the factor responsible for making the DisComs financial unviable? Sugget the pathways to deal with the issues faced by the DisComs”

    Conclusion

    The financial problems of DisComs have been brewing for many yearsHowever, if business as usual was not even good enough before COVID-19, it will not be workable for the current national needs of quality, affordable, and sustainable power.

  • India-Myanmar relations

    The Foreign Secretary and Chief of the Army Staff have recently visited Myanmar reflected India’s multidimensional interests in the country.

    Try this question:

    Q.Myanmar is the key in linking South Asia to Southeast Asia and the eastern periphery becomes the focal point for New Delhi’s regional outreach. Analyse.

    India-Myanmar relations

    • There are two lines of thinking that drive India’s Myanmar policy: engagement with key political actors and balancing neighbours.
    • For Myanmar, the visit would be viewed as India’s support for its efforts in strengthening democratization amidst criticisms by rights groups over the credibility of its upcoming election.

    Non-interference in internal politics

    • The political logic that has shaped India’s Myanmar policy since the 1990s has been to support democratization driven from within the country.
    • This has allowed Delhi to engage with the military that played a key role in Myanmar’s political transition and is still an important political actor.
    • A key factor behind the military regime’s decision to open the country when it initiated reforms was, in part, to reduce dependence on China.

    India as an alternative

    • By engaging Myanmar, Delhi provides alternative options to Naypyidaw.
    • This driver in India’s Myanmar policy has perhaps gained greater salience in the rapidly changing regional geopolitics.

    Recent initiatives

    • Like in other neighbouring countries, India suffers from an image of being unable to get its act together in making its presence felt on the ground.
    • The inauguration of the liaison office of the Embassy of India in Naypyidaw (the capital) may seem a routine diplomatic activity.
    • However, establishing a permanent presence in the capital where only a few countries have set up such offices does matter.
    • Interestingly, China was the first country to establish a liaison office in Naypyidaw in 2017.
    • India has also proposed to build a petroleum refinery in Myanmar that would involve an investment of $6 billion.

    Strategic calculus

    • This is an indication of Myanmar’s growing significance in India’s strategic calculus.
    • It also shows India’s evolving competitive dynamic with China in the sector at a time when tensions between the two have intensified.
    • Another area of cooperation that has expanded involves the border areas.
    • Furthermore, the recent announcement that India was transferring a Kilo-class submarine to Myanmar demonstrates the depth of their cooperation in the maritime domain.

    The balancing act

    • For Delhi, the balancing act between Bangladesh and Myanmar remains one of the keys to its overall approach to the Rohingya issue.
    • Delhi has reiterated its support for “ensuring the safe, sustainable and speedy return of displaced persons” to Myanmar.
    • By positioning as playing an active role in facilitating the return of Rohingya refugees, India has made it clear that it supports Myanmar’s efforts and also understands Bangladesh’s burden.
    • For Delhi, engaging rather than criticizing is the most practical approach to finding a solution.

    Conclusion

    • For India, Myanmar is key in linking South Asia to Southeast Asia and the eastern periphery becomes the focal point for New Delhi’s regional outreach.
    • Delhi’s political engagement and diplomatic balancing seem to have worked so far in its ties with Myanmar.
    • Whether it has leveraged these advantages on the ground to the full is open to debate.
    • The aforementioned initiatives could be the beginning of change on the ground by establishing India’s presence in sectors where it ought to be more pronounced.

  • Outsiders can now buy land in Jammu and Kashmir

    People, as well as investors outside Jammu and Kashmir, can now purchase land in the Union Territory (UT) as the Centre has notified new land laws for the region.

    What is the new criterion?

    • Under the newly introduced J&K Development Act, the term “permanent resident of the State” as a criterion has been “omitted”, paving the way for investors outside J&K to invest in the UT.
    • Under the ‘transfer of land for the purpose of promotion of healthcare or education’, the government may now allow the transfer of land.
    • According to amendments made to “The Jammu & Kashmir Land Revenue Act, Samvat, 1996”, only agriculturists of J&K can purchase agricultural land.
    • No sale, gift, exchange, or mortgage of the land shall be valid in favour of a person who is not an agriculturist.
    • No land used for agriculture purposes shall be used for any non-agricultural purposes except with the permission of the district collector.
    • Under a new provision, an Army officer not below the rank of Corps Commander can declare an area as “Strategic Area” within a local area, only for direct operational and training requirements.

    Note: These laws do not apply to the UT of Ladakh. The Centre is likely to notify separate land laws for the UT of Ladakh soon.

    Criticisms of the move

    • Political parties have opposed the move citing the sale of the state.
    • With these new laws in place, tokenism of the domicile certificate has been done away with, as purchasing non-agricultural land has been made easier.

  • Unlawful Activities Prevention Act (UAPA)

    The Centre has designated 18 key operatives and leaders of extremists groups as individual terrorists under the recently-amended Unlawful Activities Prevention Act (UAPA).

    Try this question for mains:

    Q.“Anti-terror laws should not be used as a tool to silence the critics of the government.” Discuss in context to the recent amendments to the Unlawful Activities Prevention Act (UAPA).

    About UAPA

    • The UAPA is aimed at effective prevention of unlawful activities associations in India.
    • Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India
    • It is an upgrade on the Terrorist and Disruptive Activities (Prevention) Act TADA, which was allowed to lapse in 1995 and the Prevention of Terrorism Act (POTA) was repealed in 2004.
    • It was originally passed in 1967 under the then Congress government led by former Prime Minister Indira Gandhi.
    • Till 2004, “unlawful” activities referred to actions related to secession and cession of territory. Following the 2004 amendment, “terrorist act” was added to the list of offences.

    Recent amendments

    • The Centre had amended UAPA, 1967, in August 2019 to include the provision of designating an individual as a terrorist.
    • Before this amendment, only organisations could be designated as terrorist outfits.

  • Water on the Moon

    The Moon has water at places where none had been detected before and has potentially more water than previously believed in regions where it was already understood to exist.

    Try this MCQ:

    Q.NASA’s VIPER mission sometimes seen in news is related to the study of-

    a)Moon

    b)Venus

    c)Sun

    d)None of these

    Water on the moon

    • In two separate studies in Nature Astronomy, scientists have reported findings with potentially huge implications for sustaining humans on the Moon in the future.
    • One study reports the detection of water on the Moon’s sunlit surface for the first time.
    • The other estimates that the Moon’s dark, shadowy regions, which potentially contain ice, are more widespread than thought.

    Why is the discovery of water important?

    • Apart from being a marker of potential life, water is a precious resource in deep space.
    • For astronauts landing on the Moon, water is necessary not only to sustain life but also for purposes such as generating rocket fuel.
    • NASA’s Artemis programme plans to send the first woman and the next man to the Moon in 2024 and hopes to establish a “sustainable human presence” there by the end of the decade.

    What was known about water on the Moon?

    • Previous Moon studies, including by the ISRO Chandrayaan-1 mission, have provided evidence for the existence of water.
    • In 2009, the Moon Mineralogy Mapper (M3) instrument aboard Chandrayaan-1 found water molecules in the Polar Regions.

    What is different in the new discovery?

    • This time, it is confirmed H20 molecules, discovered in Clavius Crater in the Moon’s southern hemisphere.
    • And it is the first time water has been detected on the sunlit side, showing it is not restricted to the shadowy regions.
    • SOFIA, which is a modified Boeing 747SP jetliner that flies at altitudes up to 45,000 feet, has an infrared camera that picked up the wavelength unique to water molecules.
    • The data showed water in concentrations of 100-412 parts per million trapped in 1 cubic metre of soil.

    How could the water have formed?

    • Space rocks carrying small amounts of water could have bombarded the Moon.
    • Alternatively, the Sun’s solar wind could have carried hydrogen, which then reacted with minerals in the lunar soil to create hydroxyl, which later transformed into water.
    • The sunlit surface retaining the water presents a puzzle since the Moon does not have a thick atmosphere.
    • One possibility is that the water gets trapped into tiny bead-like structures that were created in the soil by impacts from space rocks.
    • Alternatively, the water could be hidden between grains of lunar soil and sheltered from the sunlight, NASA said.

    So, how widespread is water on the Moon?

    • On the sunlit side, it is not yet known whether the water SOFIA found is easily accessible.
    • On the other hand, the hidden, shadowy pockets on the lunar surface called “cold traps” are spread across a combined 40,000 sq km, the other study has reported.
    • The cold traps have gone without sunlight for potentially billions of years. If they do contain ice, it means water is going to be more accessible than previously assumed.

    What next?

    • SOFIA will look for water in additional sunlit locations to learn more about how the water is produced, stored, and moved across the Moon.
    • Meanwhile, NASA’s Volatiles Investigating Polar Exploration Rover (VIPER) will carry out a mission to create the first water resource maps of the Moon.

  • Natural gas to come under GST

    Officials have indicated that the government is considering bringing natural gas under the ambit of the GST regime.

    Try this question from CSP 2018:

    Q.Consider the following items:

    1. Cereal grains hulled
    2. Chicken eggs cooked
    3. Fish processed and canned
    4. Newspapers containing advertising material

    Which of the above items is/are exempt under GST (Goods and Services Tax)?

    (a) 1 only

    (b) 2 and 3 only

    (c) 1, 2 and 4 only

    (d) 1, 2, 3 and 4

    Why such demands?

    • Global energy MNCs have called on the government to bring natural gas under the GST regime.
    • Currently petrol, diesel, aviation turbine fuel, natural gas and crude oil fall outside India’s Goods and Services Tax (GST) regime.

    Why is it important to bring natural gas under the GST regime?

    • Bringing natural gas under the GST would lead to a reduction in the cascading impact of taxes on industries such as power and steel, which used natural gas as an input.
    • This would do away with the central excise duty and different value-added taxes imposed by states.
    • This would lead to an increase in the adoption of natural gas in line with the government’s stated goal to increase the share of natural gas in the country’s energy basket from 6.3% to 15%.

    Back2Basics: GST

    • GST launched in India on 1 July 2017 is a comprehensive indirect tax for the entire country.
    • It is charged at the time of supply and depends on the destination of consumption.
    • For instance, if a good is manufactured in state A but consumed in state B, then the revenue generated through GST collection is credited to the state of consumption (state B) and not to the state of production (state A).

    Must read:

    Goods and Services Tax

  • New dimension to the bilateral engegement

    The article draws parallels in the past in India and China’s engagement with West Asia and contrasts it with the present approach adopted by China in dealing with the region.

    Strategic autonomy

    • According to a former Foreign Secretary of India, Vijay Gokhale, the ideation of ‘strategic autonomy’ is much different from the Nehruvian era thinking of ‘non-alignment’.
    • Speaking in January 2019, Mr. Gokhale said: “The alignment is issue based, and not ideological.”

    India’s engagement with West Asia

    • Pre-dating 2020, India’s outreach to West Asia sharpened since 2014.
    •  Oil-rich Gulf states looked at India as investment alternative away from the West to deepen their own strategic depth.
    • India also doubled down on its relations with the likes of Abu Dhabi and Riyadh, giving open economic and political preference to the larger Gulf region.
    • While engagements with Israel moved steadily forward, Iran lagged behind, constrained by U.S. sanctions, which in turn significantly slowed the pace of India-Iran engagements.

    China’s engagement with West Asia

    • China’s overtures have been steadily more adventurous as it realises two major shifts that have taken place in West Asia.
    • First, the thinking in the Gulf that the American security safety net is not absolute.
    • Second, the Gulf economies such as Saudi Arabia, even though trying to shift away from petro dollar, will still need growing markets to sell oil to in the coming decade as they reform their economic systems.
    • The obvious two markets here are China and India.

    Similarity in India and China’s approach to West Asia

    • Both India and China employed similar versions of ‘non-alignment’ thinking is in West Asia based on equitable engagement with the three poles of power in Saudi Arabia, Iran and Israel.
    • Both countries did it without getting involved into the region’s multi-layered conflicts and political fissures.
    • However, deteriorating U.S.-China ties, the COVID-19 pandemic that started in China, followed by the Ladakh crisis, is forcing a drastic change in the geopolitical playbooks of the two Asian giants, and, by association, global security architectures as well.

    Changing approach of China

    •  A report in September shone a light on a $400 billion, 25-year understanding between Iran and China, with Beijing taking advantage of abandonment of the Iran nuclear deal.
    • China is no longer happy with a passive role in West Asia, and through concepts such as “negative peace” and “peace through development”.
    • In concert with tools such as the Belt and Road Initiative, Beijing is now ready to offer an alternative model for “investment and influence”.
    •  It remains to be seen, however, how China balances itself between the poles of power while backing one so aggressively.

    Stability of the region and opportunity for India

    • From India’s perspective, the overt outreach to the Gulf and the ensuing announcements of multi-billion-dollar investments on Indian shores by entities from Saudi Arabia and the UAE is only New Delhi recognising the economic realities of the region. 
    • Despite entanglements in the Yemen war and general tensions between the Gulf states and Iran, the likes of Saudi Arabia, the UAE and so on have maintained relatively strong and stable economic progression.
    • Israel’s recent peace accords with the UAE and Bahrain add much further weight towards a more stable Gulf region — the caveats withstanding that the operationalisation of the accords is smooth and long-lasting.

    Consider the question “Despite turbulence in the region, India’s engagement with West Asia has always been characterised by non-alignment and ethos of equitable engagement. In light of this, elaborate on India’s approach to the region and region’s importance for India.”

    Conclusion

    While in the recent past, the Indo-Pacific, with the development of the Quad, has taken centre stage, other geographies such as West Asia have also started to showcase bolder examples of New Delhi and Beijing’s metamorphosing approaches towards the international arena.

  • Incentives for furthering the India-US partnership are stronger than ever

    Changing geopolitical factors have accelerated further the deepening of India-US ties. The article analyses the current circumstances and evolution of the bilateral relations.

    Background against which 2+2 dialogue taking place

    • The 2+2 dialogue between India and the United States in Delhi this week marks an important moment in bilateral relations.
    • The 2+2 dialogue comes just three weeks after the foreign ministers of the Quad — or the Quadrilateral Security Framework — met in Tokyo.
    • It also takes place amidst a profound structural shift in great power politics as well as turbulence in the international economic order intensified by the coronavirus pandemic.
    • The dialogue follows India’s first-ever participation in a meeting of the exclusive Five Eyes grouping that facilitates intelligence-sharing among the US, Canada, UK, Australia and New Zealand.
    • A few days ago, Delhi announced the much-awaited expansion of the annual Malabar exercises to include Australia.

    Background of the past engagements

    • Signing the historic civil nuclear initiative ended India’s prolonged atomic isolation in the world laid the outline of a broader framework for security cooperation.
    • Due to the deep divisions within the national security establishment, the leadership and some political constraints faced by the government, the coalition broke up.
    •  The focus was on keeping visible distance from the US in the name of non-alignment, strategic autonomy, and the quest for a multipolar world.
    • The relationship survived those years, thanks to the US’s perseverance.

    3 Factors responsible for rapid progress in the US-India ties

    1) Chines aggression on northern border

    • The huge military crisis on the northern borders with China that is well into the sixth month is the first factor.
    • In the past, India avoided closer security ties with the US in deference to Beijing’s sensitivities.
    • In contrast, the government now has refused to pay heed to Chinese sensitivities over its policy on security cooperation with the US.

    2) Disruption caused by the corona pandemic

    • The coronavirus has sharpened the US debate on the dangers of excessive economic interdependence on China.
    • Meanwhile, India has begun to reduce its commercial ties to Beijing in response to the PLA’s Ladakh aggression.
    • This has created the conditions for a new conversation between India and the US on rearranging global supply chains away from China.
    • So, the Quad Plus conversations have drawn in Brazil, Israel, New Zealand, South Korea and Vietnam with a view to rearrange the global supply chain.

    3) Focus on critical technologies

    • Third factor is critical technologies like artificial intelligence that promise to transform most aspects of modern life — including security, political economy and social order.
    • Delhi and Washington are now focused on finding ways to collaborate on the critical technologies of the 21st century and work with their partners in setting new global rules for managing them.

    Conclusion

    As the regional and global order faces multiple transitions, the incentives for Delhi and Washington to sustain and advance India-US partnership are stronger than ever before and will continue into the next administration.

  • Live-streaming of Courts

    Attorney General of India has pushed for live-streaming court proceedings to make hearings accessible to all. But CJI sounded a cautionary note, saying it was susceptible to “abuses.”

    Why such demands?

    • In a first in India, the Gujarat High Court has begun live streaming of Court Proceedings on YouTube.
    • The issue of live-streaming came up as a Special Bench led by the CJI was taking stock of the virtual court system initiated soon after the pandemic lockdown.

    Live-streaming of Court

    • Justice Chandrachud was one of the three judges on the Bench that gave the verdict on live-streaming in September 2018.
    • In fact, he had noted in his separate opinion that live-streaming of proceedings would be the true realization of the “open court system.”
    • His suggestions were later adopted as guidelines in the September 2018 judgment.

    Why there should be live-streaming?

    • Improved accountability: Live-streaming of court proceedings would serve as an instrument for greater accountability and formed part of the Code of Criminal Procedure, 1973.
    • Living up the expectation of Constitution: Live Streaming of Court proceedings is manifested in public interest. Public interest has always been preserved through the Constitution article 19 and 21
    • Empowering the masses: It will enable the legal system to deliver on its promise of empowering the masses.
    • More transparency: It will encourage the principle of open court and reduce dependence on second-hand views. It will effectuate the public’s right to know. 
    • This would inspire confidence in the functioning of the judiciary as an institution and help maintain the respect that it deserved as a co-equal organ of the state.
    • Academic help: Live streaming may also be a help for academic purposes.

    Issues with live-courts

    The Parliamentary Standing Committee (PSC) of the Department of Personnel, Public Grievances and Law and Justice have tabled its report on the functioning of Virtual Courts and Digitization of Justice Delivery in Parliament.

    Following are the four key considerations and recommendations of the committee as far as mainstreaming of virtual courts is concerned:

    (1) The question of access:

    • A large number of litigants and advocates lack internet connectivity and requisite infrastructure and means to participate in virtual hearings and the process. This has serious implications.
    • The obvious one being that a large chunk of our citizenry is vulnerable to being excluded from the process of justice delivery owing to factors beyond their control.
    • The committee also opined that the judiciary considers solutions such as mobile video conferencing facilities to allow for meaningful participation from those living in remote geographies.

    (2) The degree of comfort:

    • A highly underrated but equally consequential factor is whether everyone, even if access to reliable internet connectivity is universal, is comfortable and well versed with the new tools and mediums of justice delivery.
    • Big, well-to-do law firms and advocates in urban areas would face no issues as compared to those participants in rural areas given the digital divide.

    (3) The idea of open courts itself:

    • Virtual courts allegedly threaten the constitutionality of Court proceedings and undermine the importance of Rule of law which forms a part of the basic structure of the Constitution.
    • Expressing concern over the opaqueness of such hearings, critics state that virtual courts are antithetical to the open court system given the limited access that they allow for.

    (4) The question of Privacy and Data Security:

    • This is where the report makes some interesting and innovative suggestions vital to the performance of any digital justice delivery mechanism.
    • It also took note of the fact that most virtual court proceedings in India currently take place using third-party software or platforms and a few of them have already been rejected earlier on grounds of being unsafe to use.
    • The committee noted how courts across the world have had instances of intrusion and data privacy or security concerns while adapting to an entirely virtual mode of conducting hearings.

    Still, digital records are necessary

    • Litigants depend on the information provided by lawyers about what has transpired during the course of hearings.
    • When the description of cases is accurate and comprehensive; it serves the course of open justice.
    • Again, if a report on a judicial hearing is inaccurate, it impedes the public’s right to know.

    Best examples

    • Internationally, constitutional court proceedings are recorded in some form or the other.
    • In Australia, proceedings are recorded and posted on the high court’s website.
    • Proceedings of the Supreme Courts of Brazil, Canada, England and Germany are broadcast live.
    • The Supreme Court of the US does not permit video recording, but oral arguments are recorded, transcribed, and available publicly.
    • And democracies aside, in China, court proceedings are live-streamed from trial courts up to the Supreme People’s Court of China.

    Significance of open-courts

    • India stands alone amongst leading constitutional democracies in not maintaining audio or video recordings or even a transcript of court proceedings.
    • Court hearings can be turning points in the life of a nation: ADM Jabalpur comes readily to mind. More recently, there is any number of cases where the Supreme Court’s judgments have changed citizens’ lives.
    • Ayodhya, Aadhaar, Section 377, Sabarimala, NRC and the triple talaq judgments are among them.

    Various moves for accessibility

    • Over the last few years, the Supreme Court has taken steps to make justice more accessible. The Court started providing vernacular translations of its judgments.
    • Non-accredited journalists were permitted to live-tweet court proceedings. During the lockdown, journalists have been permitted to view virtual court proceedings in real-time.

    Way forward

    • There should be live-streaming cases of constitutional and national importance as a pilot project, including Constitution Bench cases.
    • Matrimonial cases and those involving national security could be excluded.
    • There must be a reasonable time-delay (say 10 minutes) between the live court proceedings and the broadcast to ensure any information which ought not to be shown, as directed by the court, can be edited from being broadcast.
    • The judiciary must also employ a press officer to liaise with the media, and issue simultaneously one or two page summaries of its judgments to facilitate greater public understanding.
    • There has to be a greater reliance on written briefs and the significance accorded to them, time limits for oral arguments, and a greater emphasis on preparation in advance.