Note4Students
From UPSC perspective, the following things are important :
Prelims level: Mangroves
Mains level: Read the attached story
The Union Budget for 2023-24 announced an initiative for mangrove plantation along the coastline and on saltpan lands, under MISHTI (Mangrove Initiative for Shoreline Habitats & Tangible Incomes).
MISHTI
- MISHTI is a new programme that will facilitate mangrove plantation along India’s coastline and on salt pan lands.
- This new programme will aim at intensive afforestation of coastal mangrove forests.
Implementation strategy
- The Budget states that MISHTI will be implemented through convergence between-
- MGNREGS (Mahatma Gandhi National Rural Employment Guarantee Scheme),
- CAMPA (Compensatory Afforestation Fund Management and Planning Authority) Fund and other sources.
What are Mangroves?
- Mangroves are salt-tolerant plant communities found in tropical and subtropical intertidal regions.
- They are important refuges of coastal biodiversity and also act as bio-shields against extreme climatic events.
- With the threat of climate change and frequent tropical storms looming large, planting more mangroves is a welcome development for India which has a coastline of about 7,500 km.
Mangroves in India
- India has about 4,992 sq km (0.49 million hectares) of mangroves, according to the Indian State of Forest Report (IFSR) 2021.
- Mangroves in India are distributed across nine States and three UTs with West Bengal having the highest mangrove cover of 2,114 sq km.
- The IFSR report also points out that there has been an increase in the mangrove cover from 4,046 sq km in 1987 to 4,992 sq km in 2021.
Why protect mangroves?
- Infrastructure projects — industrial expansion, shifting coastlines, coastal erosion and storms, have resulted in a significant decrease in mangrove habitats.
- Between 2010 and 2020, around 600 sq km of mangroves were lost of which more than 62% was due to direct human impacts, the Global Mangrove Alliance said in its 2022 report.
Importance of mangroves
- Biodiversity: Mangrove forests — consisting of trees and shrub that live in intertidal water in coastal areas — host diverse marine life.
- Fishing grounds: They also support a rich food web, with molluscs and algae-filled substrate acting as a breeding ground for small fish, mud crabs and shrimps, thus providing a livelihood to local artisanal fishers.
- Carbon sinks: Equally importantly, they act as effective carbon stores, holding up to four times the amount of carbon as other forested ecosystems.
- Cyclone buffers: When Cyclone Amphan struck West Bengal in May, its effects were largely mitigated by the Sundarbans flanking its coasts along the Bay of Bengal.
Threats to Mangroves
- Anthropogenic activities: They are a major threat to the mangroves. Urbanization, industrialization and the accompanying discharge of industrial effluents, domestic sewage and pesticide residues from agricultural lands threaten these fragile ecosystems.
- Saltpan and aquaculture: This causes huge damage to the mangroves. Shrimp farming alone destroyed 35,000 hectares of mangroves worldwide.
- Destruction for farming: 40% of mangroves on the west coast has been converted into farmlands and other settlements in just 3 decades.
- Sea-level rise: This is another challenge to these mangroves- especially on the Bay of Bengal coast.
What lies ahead?
- A contract-based one-time plantation under MGNREGS and CAMPA alone may not work unless the local communities take ownership of the forests.
- Discharge of untreated domestic and industrial effluents into the rivers should be immediately stopped.
- The natural inter-tidal flow along the coast should be conserved.
Try this PYQ:
Q. Which one of the following is the correct sequence of ecosystems in the order of decreasing productivity?
(a) Oceans, lakes, grasslands, mangroves
(b) Mangroves, oceans, grasslands, lakes
(c) Mangroves, grasslands, lakes, oceans
(d) Oceans, mangroves, lakes, grasslands
Post your answers here.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Supreme Court of India
Mains level: Not Much
The Supreme Court of India is hosting its celebration of the 73rd anniversary of its establishment today.
Why in news?
- This year’s event is being aired on social media platforms and will witness Singapore’s Chief Justice Sundaresh Menon, who is of Indian origin, as the chief guest.
When was the Supreme Court founded?
- On January 28, 1950, two days after India became a sovereign democratic republic, the Supreme Court of India came into being.
- The first CJI of India was H. J. Kania.
- The inauguration took place in the Chamber of Princes in the Parliament building which was the home to the Federal Court of India for 12 years preceding the Supreme Court’s establishment.
- The Parliament House was to be the home of the Supreme Court for years that were to follow until the court acquired its own present building with lofty domes and its signature spacious colonnaded verandas in 1958.
History of established
- In 1861, the Indian High Courts Act 1861 was enacted to create high courts for various provinces and abolished Supreme Courts at Calcutta, Madras and Bombay and also the sadar adalats in presidency towns in their respective regions.
- These new high courts had the distinction of being the highest courts for all cases till the creation of the Federal Court of India under the Government of India Act 1935.
- The Federal Court had jurisdiction to solve disputes between provinces and federal states and hear appeals against judgment of the high courts.
Premise of the Supreme Court
- In 1958, when the court shifted its premises, the building was shaped to project the image of scales of justice, in the central wing.
- In 1979, two new wings – the East wing and the West wing – were added to the complex. In all, there are 19 Courtrooms in the various wings of the building.
- The Chief Justice’s Court is the largest of the Courts located at the Centre of the Central Wing.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: North Star
Mains level: Features of parliamentary democracy
Vice President said Parliament is the “North Star” of democracy, “a place of discussion and deliberation to realize the aspirations and dreams of the people”.
What is North Star?
- North Star is a metaphor to refer to something constant/permanent that leads and provides direction.
- Polaris, also known as the North Star or the Pole Star, is a very bright star (around 2500 times more luminous than our sun) placed less than 1° away from the north celestial pole.
- Its position and brightness have made humans use it for navigation since late antiquity.
- It is a part of the constellation Ursa Minor and is around 323 light-years away from Earth.
How it helps navigation?
- It stands almost motionless in the night sky, with all the stars of the northern sky appearing to rotate around it.
- This makes it an excellent fixed point from which to draw measurements for celestial navigation.
- Simply the elevation of the star above the horizon gives the approximate latitude of the observer and in the northern hemisphere, if you can see Polaris you can always tell which way is north.
- Upon crossing the equator to the South, the North Star is lost over the horizon and hence stops being a useful navigational aid.
When the North Star was first used to navigate?
- Polaris seems to have been first charted by the Roman mathematician and astronomer Ptolemy, who lived from about 85 to 165 B.C.
- While there does exist some evidence pointing at how the star was used for navigation in late antiquity, it is during the ‘Age of Exploration’ that it becomes such a central part of human history.
- Christopher Columbus, on his first trans-Atlantic voyage of 1492, “had to correct (his ship’s bearings) for the circle described by the pole star about the pole”, wrote his son in his biography.
- As European colonizers set sail for exotic locations across the world, the North Star became an ever-so-important feature.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Muons
Mains level: Not Much
As per a new study, researchers are examining the fortress wall of Xi’an, an ancient city in China, by using tiny outer space particles ‘Muon’ that can penetrate hundreds of metres of stone surfaces.
What are Muons?
- Muons are subatomic particles raining from space.
- They are created when the particles in Earth’s atmosphere collide with cosmic rays — clusters of high-energy particles that move through space at just below the speed of light.
- About 10,000 muons reach every square metre of the Earth’s surface a minute.
- These particles resemble electrons but are 207 times as massive.
- Therefore, they are sometimes called “fat electrons”. Because muons are so heavy, they can travel through hundreds of metres of rock or other matter before getting absorbed or decaying into electrons and neutrinos.
- In comparison, electrons can penetrate through only a few centimetres. Muons are highly unstable and exist for just 2.2 microseconds.
What is muon tomography or muography?
- Muography is conceptually similar to X-ray but capable of scanning much larger and wider structures, owing to the penetration power of muons.
- As these high-energy particles are naturally produced and ubiquitous, all one needs to do is place a muon detector underneath, within or near the object of interest.
- The detector then tracks the number of muons going through the object from different directions, to form a three-dimensional image.
Muons and archaeology
- The technique was first used in the late 1960s, when Nobel Laureate and US experimental physicist Luis Alvarez joined hands with Egyptologists to search for hidden chambers in the Pyramid of Khafre, Giza.
- Nothing was found at the time.
Recent feats achieved
- In 2017, modern archaeologists repeated the experiment with more sophisticated and advanced muon detectors and stumbled upon a major finding.
- By placing several detectors, the archaeologists were able to discover a previously unknown chamber at least 30 metres long.
- It was the first major inner structure to be found in the pyramid since the 19th century.
Uses of muography beyond archaeology
- Apart from archaeology, muography has found use in customs security, internal imaging of volcanoes and others.
- Around 2015, scientists used the technique to look inside the Fukushima nuclear reactors after the 2011 earthquake and tsunami in Japan.
- As the site was highly radioactive, they put the two muon detectors in 10 centimetres thick boxes to protect them from radiation and then carried out the scanning.
- Muography is also being used by researchers to analyse Mount Vesuvius, a volcano in Italy.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: POCSO
Mains level: Child marriage issue and associated problems
Context
- The United Nations Sustainable Development Goals call for global action to end human rights violations by 2030. There has been tremendous development in India on that front, as seen, for example, in the decline in child marriage from 47.4 per cent in 2005 to 23.3 per cent in 2021. The year 2021 also marked a 50 per cent decline in child marriage in South Asia.
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Why in news?
- Assam Chief Minister Himanta Biswa Sarma has launched a state-wide crackdown against child marriage.
- Booking men marrying girls below 14 years of age under the Protection of Children from Sexual Offences (POCSO) Act, and those marrying girls aged 14-18 under the Prohibition of Child Marriage Act.
- The CM has also announced that the police will retrospectively book people who participated in child marriage in the last seven years.
Background: Data from Assam
- Maternal mortality rate in Assam: According to data given by the Registrar General of India in 2022, Assam has the highest maternal mortality rate in the nation, with 195 fatalities per one lakh live births in the years 2018 to 2020.
- Infant mortality rate in Assam: With 32 newborn deaths for every 1,000 live births, Assam has the third highest infant mortality rate, according to the National Family Health Survey-5.
- Government’s aim to address the issue: The Assam government has declared that its aim is to confront the high maternal mortality and infant mortality rates in the state, which it has linked to early motherhood.
What is Child Marriage?
- Child marriage refers to any formal marriage or informal union between a child under the age of 18 and an adult and another child.
- The Prohibition of Child Marriage (Amendment) Bill, 2021, fixes 21 years as the marriageable age for women.
Effect of Covid-19 Pandemic
- According to estimates by UNICEF, 10 million more girls were at risk of becoming child brides globally because of the pandemic, affecting the prosperity and growth of communities and nations for generations.
- India has been working to ensure it doesn’t lose the momentum gained in dealing with the scourge of child marriage.
How child marriage is negatively correlated to national development?
- Impact on basic rights: Child marriages deny a child his/her basic right to education, health, and the freedom to build full, thriving lives.
- Increased susceptibility to abuse and violence: There is overwhelming evidence that child marriage renders girls more susceptible to abuse, violence, and exploitation.
- Gender Inequality: Child marriage is a gendered form of violence a cause and effect of gender inequality and discrimination and is a significant challenge facing girls and their families throughout the developing world.
- Disturbed childhood: Child marriage conclusively devastates a girl’s childhood, saddling her with adult responsibilities before she is physically and mentally mature.
- Increased risk of forced pregnancy and maternal mortality: With little bodily autonomy, child brides are more likely to undergo forced pregnancy, increasing the likelihood of maternal and infant mortality.
- Negative effect on education: A girl’s education is less likely to be valued evidence is clear that girls with less education are more likely to marry young, and child marriage typically ends a girl’s education.
- Support systems declines: The lack of education and isolation from peers further shrink a child bride’s support systems. Without skills or mobility, her ability to overcome poverty for herself and her children is hindered.
- Negative impact on community and national development: These social and economic vulnerabilities that child brides live with impinge on their ability to contribute to their community’s and country’s growth and development.
- Intergenerational consequences: They are also more likely to experience intimate partner violence and have worse economic and health outcomes than their single peers, which eventually trickles down to their own offspring, placing further strain on the nation’s ability to offer quality healthcare and education.
- Though legislation prohibiting child marriage in India has been in place since 1929, the majority of child brides in the world 223 million of them, or one-third of the total live in India.
- Despite it being illegal for girls under the age of 18, and for boys under the age of 21, to marry in India under the Prohibition of Child Marriage Act, 2006, the UNFPA-UNICEF estimates indicate that at least 1.5 million underage girls get married annually here.
- Ending the practice of child marriage is crucial to address the several human rights violations that stand in the way of gender equality for girls.
Understanding the key drivers behind child marriage is necessary to combat it
- Common reasons: While the origins of the practice differ across nations and cultures, it is perpetuated by poverty, lack of educational opportunities, and limited access to healthcare.
- Financial burden: Some families choose to marry off their daughters in order to reduce their financial burden. Other reasons cited are shrinking living spaces and increasing concerns about adolescent girls’ safety.
- Mentality of securing daughter’s future: Families also act in this manner because they think it will protect their daughters’ futures. The practice is also supported by gender roles and marriage-age norms, stereotypes, and the socioeconomic risks of unmarried pregnancies.
Conclusion
- Though legal protections and their strict implementation are important, they form only one part of the solution. To end child marriages, state and non-state actors alike must put girls, across the diverse spectrum of society and marginality, at the centre of the solution. The state can penalise and criminalise the act, but society at large has the important role to play.
Mains question
Q. Highlight the key drivers behind child marriage and Discuss how child marriage is negatively correlated to national development?
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Government’s Budget and Healthcare
Context
- In her 2023-24 Union Budget speech, the finance minister announced that the total central government budget for health (not including research) will be roughly Rs 86,175 crore ($10 billion) that is, roughly Rs 615 for every citizen. This is a 2.7 per cent increase from the previous fiscal year and lower than the rate of inflation.
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Government’s current Health spending
- Current health spending lower than middle income countries: India currently spends about Rs 8 lakh crore ($100 billion) or about 3.2 per cent of its GDP on health. This is much lower than the average health spending share of the GDP at around 5.2 per cent of the Lower- and Middle-Income Countries (LMIC)
- Health expenditure in India compared to other countries: Of this, the government (Centre and states put together) spends about Rs 2.8 lakh crore (about $35 billion) roughly 1.1 per cent of the GDP. Contrast this with the government health expenditure in countries like China (3 per cent), Thailand (2.7 per cent), Vietnam (2.7 per cent) and Sri Lanka (1.4 per cent).
How health expenditure affects people especially poor?
- Hospitalisation cost for a day: A Day of hospitalisation at a public hospital is estimated at Rs 2,800. At a private hospital, it is Rs 6,800.
- Disproportionate financial impact on poor households: A greater proportion of disposable incomes is taken away from a poor household as compared to a non-poor one, further broadening the gap between the two.
- Impact of Health expenditure on employment and income: If sickness hits a working member of the household, she/he must often withdraw from active employment and their main source of income dries up at the time when they urgently need more money for treatment.
- Sell or mortgage of assets to cover treatment costs: Households have to often sell or mortgage their productive assets, such as land and cattle, to cover the treatment costs.
- Burden of health expenditures on vulnerable populations: The poor, elderly and sick are already at a disadvantage and the burden of health expenditure makes this even worse.
- Falling into poverty due to health expenditures: This further reduces their capacity to bounce back. According to the WHO, 55 million people fall into poverty or deeper poverty every year due to catastrophic expenditures on health.
Areas where greater spending by the government could help in the immediate term
- Focus should be balanced for both communicable and noncommunicable: The National Health Mission allocates less than 3 per cent (Rs 717 crore) to non-communicable diseases (NCDs) compared to communicable diseases and reproductive and child health services, despite NCDs causing more than half of the total burden of disease and this proportion further increases in both rural as well as urban areas.
- Public health and primary health care focus on rural areas: Urban areas have poorly developed infrastructure for primary care even if secondary and tertiary health care services are better. For example, immunisation coverage is now lower in urban India than in rural India. A third of the country now lives in urban areas and greater resources are needed to improve health here.
- Health research has been neglected for too long: The allocation for the Department of Health Research in this year’s budget is Rs 2,980 crore, flat from last year. Spending Rs 20 per Indian is inconsistent with the need for innovations and technologies in the sector. The bulk of the resources provided to the Indian Council of Medical Research goes towards maintaining a large payroll of scientists and the output is poor.
- Maximizing India’s potential: India stands on the brink of a massive opportunity. Quality education and health for the 26 million children born each year and the 65 per cent of the population under the age of 35 could help provide a workforce that would propel India forward.
- Harnessing the Demographic Dividend: India has a growing working-age population, but needs urgent action to harness the demographic dividend and potentially become a developed country within a generation.
- Adopting Competitive funding System for health research: India should adopt a competitive grant system for government-funded health research like other successful countries, to encourage top-notch research. The Wellcome Trust/DBT-India Alliance is a successful example of this system.
Conclusion
- The health (and education) of Indians is the most important determinant of what the country can achieve during the next 25 years of Amrit Kaal. We must find ways to both find more money for health, and also more health for the money to ensure that all Indians achieve their true potential.
Mains question
Q. Highlight the present status of Government’s healthcare spending. How out of pocket health expenditure affects people especially poor? Suggest what government must do and areas where it must focus in the immediate term?
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: ChatGPT and other such AI tools
Mains level: AI, advantages, concerns and policies
Context
- With the launch of Open AI’s ChatGPT late last year, the impending changes in the nature of work, creativity and economy as a whole have moved from being the subject of futuristic jargon to an immediate challenge.
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Background
- Since at least 2015 when Klaus Schwab popularised the term Fourth Industrial Revolution at that year’s World Economic Forum terms like 4IR, Artificial Intelligence (AI), Internet of Things, Future of Work, entered the lexicon of politicians, bureaucrats, consultants and policy analysts.
Sample developments over just the last few days
- A judge in Colombia included his conversations with ChatGPT in a ruling;
- Microsoft is integrating the bot with its search engine, Bing, and other products;
- Google is reportedly trying to launch a similar tool and there are reports that ChatGPT can already code at entry level for Google engineers.
What are the Concerns?
- Lifestyle may become redundant: Concerns about plagiarism in universities and beyond, as well as the fear that many white-collar jobs may become redundant in the coming years, as AI becomes more ubiquitous and sophisticated.
- Implications on labour, education and authenticity: The AI revolution is likely to have serious implications on labour, education, authenticity of content and its authorship, and much else.
- Case of Social media’s influence in US elections: The concerns around social media’s influence on politics and society became sharp in the aftermath of the 2016 US presidential elections and accusations of voter manipulation by foreign agents. Much of the world is still struggling with the questions raised then.
- Simple definition: ChatGPT is a chatbot built on a large-scale transformer-based language model that is trained on a diverse dataset of text and is capable of generating human-like responses to prompts.
- A human like language model: It is based on GPT-3.5, a language model that uses deep learning to produce human-like text.
- It is more engaging with details: However, while the older GPT-3 model only took text prompts and tried to continue on that with its own generated text, ChatGPT is more engaging. It’s much better at generating detailed text and can even come up with poems.
- Keeps the memory of the conversations: Another unique characteristic is memory. The bot can remember earlier comments in a conversation and recount them to the user.
- Human- like resemblance: A conversation with ChatGPT is like talking to a computer, a smart one, which appears to have some semblance of human-like intelligence.
Anticipating possible futures requires engagement with the opportunities
- The Struggle to keep up with technology in policymaking:
- Governments worldwide face a challenge in creating policies that keep up with the rapid pace of technological advancement.
- Policymakers should understand that they must work to bridge the gap between technology and regulation, as a growing divide could lead to problems.
- Preparing for technological change in education and workforce:
- In addition to creating regulations that support innovation, it’s crucial to plan for the changes that new technology will bring to education and employment.
- This includes anticipating new job types and skills required, as well as updating the education system to prepare future workers.
- Importance of Preparing for technological change for India:
- India has been facing the challenge of balancing privacy and regulation in the handling of data for several years.
- Successfully adapting to technological changes is crucial for India to make the most of its large, young workforce. If not addressed in time, the consequences could be severe
Conclusion
- The transformations the new technology is bound to bring about must be met with swift adjustments in the broader national and international legal and policy architecture. The lag between technology innovation and policy that was seen with the rise of Big Data and social media can serve as a lesson.
Mains Question
Q. With the rapid innovations and launching of Artificial intelligence models everyday will change the nature of work, creativity and economy as a whole. comment
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Military coup in Myanmar
It is exactly two years since the Myanmar army seized power.
Myanmar Coup: A quick recap
- A coup in Myanmar began on the morning of 1 February 2021, when democratically elected members of the country’s ruling party, were deposed by the Tatmadaw—Myanmar’s military.
- The coup occurred the day before the Parliament of Myanmar was due to swear in the members elected at the 2020 election, thereby preventing this from occurring.
- Pivot leader Aung San Suu Kyi was detained, along with ministers, their deputies, and members of Parliament.
India’s continuing policy tightrope in Myanmar
- For some three decades, India has pursued a ‘Dual-Track Policy’ which essentially means doing business with the junta.
- India shares a 1,600 km border with Myanmar along four NE states.
- It has a maritime boundary in the Bay of Bengal, the failure of the Myanmar state presents a foreign policy dilemma that it is struggling to resolve.
- It has ruled over Myanmar for all but five years since 1990, with tea and sympathy for the pro-democracy forces.
Why in news now?
Ans. Pro-democracy armed rebellion within
- Hundreds of armed pro-democracy civilian resistance groups (People’s Defence Forces) are fighting the junta and turning swathes of the country into no-go areas for the army.
- In addition some among the two dozen ethnic armed organisations (EAOs) that have been fighting the Myanmar state for autonomy for the last seven decades, have joined hands with the PDFs.
India’s concerns
- Chinese inroads: Over the last two decades, as China with its deep pockets emerged as a rival in the region, engaging with the junta was also seen as a way to retain Indian influence in Myanmar.
- No democratic restoration: Delhi had to calibrate this engagement during the “democratic transition” of the last decade and rebalance the dual track.
- Narrowed interests: These are becoming apparent, even going by India’s narrowly defined national interests: border security management, and restricting China in Myanmar.
- Limitations to strategy: India has limited to its old template of engagement— doing business with the military regime, encouraging it restore democracy, and offering sympathy to democratic forces.
Recent success: Completion of Sittwe Port
- In the first week of January, Sittwe port, developed by India as part of the Kaladan project, was ready for operation.
- It is set to be inaugurated soon.
Five ways in which India’s calculations have been upset
- Bluff over connectivity: While maritime trade was one objective, the primary objective of this project, to provide alternate access to India’s landlocked north-east states, now seems like a bridge too far.
- Huge refugee influx: Mizoram is hosting tens of thousands of refugees from the adjoining Chin state in Myanmar. Refugees have come into other Northeastern states, though in fewer numbers.
- Clouds of terrorism: More dangerously, the recent bombing by the Myanmar Air Force of a Chin militia headquarters on the border with Mizoram, with shrapnel hitting the Indian side during this operation, triggered panic in the area.
- Narcotics smuggling: Another potential cross-border spillovers is contained in the latest report of the UN Office for Drugs and Crime on Myanmar (Myanmar Opium Survey).
- Supporting insurgents in India: Myanmar junta has recruited Indian insurgent group (IIGs) in regions adjoining Manipur and Nagaland to fight against the local PDFs and other groups.
- Worsening of Rohingya crisis: The military cannot resolve the Rohingya crisis, another regional destabilizer.
Way forward for India
- Championing this cause in G20: India has projected its year-long presidency of the G20 as an opportunity to project the voice of the global south.
- Extra-diplomatic engagement: India can open channels to the democratic forces and to some ethnic groups; it can work more actively with ASEAN; it could open an army-to-army channel with the junta; increase people-to-people channels; offer scholarships to Myanmar students like it did for Afghan students in a different era.
- Ensuring fair elections: The junta is mulling elections later this year after rejigging the first-past-the-post system to proportional representation to undermine the NLD’s electoral might.
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From UPSC perspective, the following things are important :
Prelims level: Collegium system, NJAC
Mains level: Judicial appointment opacity issue
The Centre has told the Supreme Court that it would soon clear five names that were recommended by the collegium for appointment of judges in the apex court.
What is Collegium System?
- The Collegium of judges is the Indian Supreme Court’s invention.
- It does not figure in the Constitution, which says judges of the Supreme Court and High Courts are appointed by the President and speaks of a process of consultation.
- In effect, it is a system under which judges are appointed by an institution comprising judges.
- After some judges were superseded in the appointment of the CJI in the 1970s, and attempts made subsequently to effect a mass transfer of High Court judges across the country.
- Hence there was a perception that the independence of the judiciary was under threat. This resulted in a series of cases over the years.
Evolution: The Judges Cases
- First Judges Case (1981) ruled that the “consultation” with the CJI in the matter of appointments must be full and effective.
- However, it rejected the idea that the CJI’s opinion, albeit carrying great weight, should have primacy.
- Second Judges Case (1993) introduced the Collegium system, holding that “consultation” really meant “concurrence”.
- It added that it was not the CJI’s individual opinion, but an institutional opinion formed in consultation with the two senior-most judges in the Supreme Court.
- Third Judges Case (1998): On a Presidential Reference for its opinion, the Supreme Court, in the Third Judges Case (1998) expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues.
The procedure followed by the Collegium
Appointment of CJI
- The President of India appoints the CJI and the other SC judges.
- As far as the CJI is concerned, the outgoing CJI recommends his successor.
- In practice, it has been strictly by seniority ever since the supersession controversy of the 1970s.
- The Union Law Minister forwards the recommendation to the PM who, in turn, advises the President.
Other SC Judges
- For other judges of the top court, the proposal is initiated by the CJI.
- The CJI consults the rest of the Collegium members, as well as the senior-most judge of the court hailing from the High Court to which the recommended person belongs.
- The consultees must record their opinions in writing and it should form part of the file.
- The Collegium sends the recommendation to the Law Minister, who forwards it to the Prime Minister to advise the President.
For High Courts
- The CJs of High Courts are appointed as per the policy of having Chief Justices from outside the respective States. The Collegium takes the call on the elevation.
- High Court judges are recommended by a Collegium comprising the CJI and two senior-most judges.
- The proposal, however, is initiated by the Chief Justice of the High Court concerned in consultation with two senior-most colleagues.
- The recommendation is sent to the Chief Minister, who advises the Governor to send the proposal to the Union Law Minister.
Does the Collegium recommend transfers too?
- Yes, the Collegium also recommends the transfer of Chief Justices and other judges.
- Article 222 of the Constitution provides for the transfer of a judge from one High Court to another.
- When a CJ is transferred, a replacement must also be simultaneously found for the High Court concerned. There can be an acting CJ in a High Court for not more than a month.
- In matters of transfers, the opinion of the CJI “is determinative”, and the consent of the judge concerned is not required.
- However, the CJI should take into account the views of the CJ of the High Court concerned and the views of one or more SC judges who are in a position to do so.
- All transfers must be made in the public interest, that is, “for the betterment of the administration of justice”.
Need for Collegium System
- Collegium system increases secrecy: Ruma Pal, a former Judge of the Supreme Court of India, stated that this system is one of the best kept secret in the country. It kept secret within the four walls of the body for proper and effective functioning of the institution that makes the system opaque.
- Political non-interference: The collegium system makes Judiciary independent from the politics. It separates the judiciary from the influence of executive and legislative. With the Govt’s influence judiciary can work without any fear and any sort of favour. This ensures the regulation of the doctrine of separation of power.
- Ensures merit: The executive organ is not specialist or does not have the knowledge regarding the requirements of the Judge as comparative to the CJI. Collegium system ensures that the deserving one is sitting in the position of the Judge in Supreme Court.
Loopholes in the Collegium system
- Lack of Transparency: Opaqueness and a lack of transparency, and the scope for nepotism are cited often.
- Judges appointing Judge: The attempt made to replace it with a ‘National Judicial Appointments Commission’ was struck down by the court in 2015 on the ground that it posed a threat to the independence of the judiciary.
- Criteria: Some do not believe in full disclosure of reasons for transfers, as it may make lawyers in the destination court chary of the transferred judge.
A critical assessment
- No guidelines framework: This system does not provide any guidelines in selecting the candidates for the judge position of the Supreme Court because of which it leads to wide scope for the nepotism and favoritism.
- No checks and balances: This system gives the immense power to Judiciary to appoint Judges, so the check on the excessive powers would not be ensured and misuse of powers can be done.
- Judiciary is nowhere accountable: The collegium system is not accountable to any administrative body that may lead to wrong choice of the candidate while overlooking the right candidate.
- Huge workload leaves no room: Already there are many cases pending in the Court, they are having limited time the power given to them for the appointment would lead to burden to Judiciary.
| Former Chief Justice of Australia, Sir Harry Gibbs, are worth-quoting:
Judicial commissions, advisory Committees and procedures for consultation [with the Chief Justice] will be useless unless there exists, among the politicians of all parties, a realization that the interest of the community requires that neither political nor personal patronage nor a desire to placate any section of a society, should play any part in making judicial appointments. |
Some feasible measures that can be incorporated
- Ensure non-vetoing representatives: To ensure the effectiveness of this mechanism the commission should be representative in nature comprising members of the executive, legislature, judiciary, legal profession and lay persons.
- Info share in public domain: In addition, it should be ensured that the commission uses a system which is transparent and open to public scrutiny.
Way ahead
- In respect of appointments, there has been an acknowledgment that the “zone of consideration” must be expanded to avoid criticism that many appointees hail from families of retired judges.
- The status of a proposed new memorandum of procedure, to infuse greater accountability, is also unclear.
- Even the majority opinions admitted the need for transparency, now Collegiums’ resolutions are now posted online, but reasons are not given.
Conclusion
- All mechanisms for judicial appointment may have some advantages and disadvantages and therefore, no particular system can be treated as the best system.
- Despite this, in order to maintain public confidence in the appointment system and to ensure judicial independence the commission system is perhaps a very effective mechanism for judicial appointment.
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From UPSC perspective, the following things are important :
Prelims level: Shaligram Stone
Mains level: NA
Two sacred Shaligram stones arrived in Ayodhya for crafting the idols of Lord Ram and Janaki at the Ram Temple.
What is a Shaligram Stones?
- Shaligram stones are fossils of ammonite, which is a type of mollusk that lived between 400 million and 65 million years ago.
- They are found in the Shaligram Pilgrimage in the Nepal Himalayas.
- They date specifically from the Early Oxfordian to the Late Tithonian Age near the end of the Jurassic Period some 165-140 million years ago.
- Mostly found in riverbeds or banks of the Kali Gandaki, a tributary of the Gandaki River in Nepal, this stone is revered as a representation of Lord Vishnu.
- The stone is considered to have divine powers and is seen as a symbol of good luck and prosperity.
Mythological significance
- Historically, the use of shaligrama shilas in worship can be traced to the time of Adi Shankara through the latter’s works.
- Specifically it finds mention in the Taittiriya Upanishad.
- The statue of Vishnu in the Padmanabhaswamy Temple of Thiruvananthapuram and Badrinath Temple of Garhwal region, and that of Krishna in Krishna Matha of Udupi and Radha Raman Temple of Vrindavana are also believed to be made from shaligrama shilas.
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From UPSC perspective, the following things are important :
Prelims level: Budget
Mains level: Budget, proposals for Urban planning and urban reforms, sustainable cities
Context
- Union Finance Minister Nirmala Sitharaman presented the Union Budget 2023-24. It has been marked by areas of continuity over the past three years. However, we should not overlook the missed opportunities for more fundamental reforms while celebrating continuity.
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Areas of focus
- Some areas like the continued boost in capital expenditure have received wide attention. Others, such as the reform of urban development and planning processes have received less.
- As India grows, the quality of urbanisation will determine the quality of economic growth, and vice versa.
- From this perspective, the continued focus on improving urban infrastructure and land-use efficiency is welcome.
Proposals related to urban planning and urbanization
- Urban planning reforms and efficient land use: Cities will be encouraged to undertake urban planning reforms, adopting practices that use land more efficiently, creating resources for urban infrastructure, making urban land affordable, and improving inclusivity.
- Infrastructure financing: Cities will be incentivized to ring-fence user charges on infrastructure and undertake property tax governance reforms so that they are creditworthy enough to issue municipal bonds.
- Infrastructure Development fund for Tier 2 and 3 cities: A fund will be created by using shortfalls in priority sector lending to create infrastructure in Tier 2 and Tier 3 cities. Rs 10,000 crore is the expected amount to be made available for this fund. States will be expected to adopt user charges to access these resources.
- Improving sewage and waste management: Proposals on improvements in infrastructure for handling sewage and managing waste.
- The 2021-22 budget focused on providing urban infrastructure public transport, waste management and universal water supply.
- In 2020-21, the budget, like this year, proposed improvements in sewage treatment and waste management to do away with manual cleaning.
- It proposed tax concessions to encourage overseas borrowing for specified municipal bonds. In 2019, the government announced, and then formulated a model tenancy law to promote rental housing.
What more can be done?
- Shift towards market-oriented reforms in urban planning and development:
- States and city administrators have themselves come around to the benefits of market-oriented reforms, obviating some of the necessity for the Centre to champion them. This could be driven by the emergence of cities as engines of growth, the resultant commodification of urban land markets and, therefore, the increasing focus on land-use efficiency.
- Greater openness to new ideas of urban planning could also be driven intellectually by changes in the outlooks of professionals in the field urban planners, architects and administrators who are increasingly able to work directly with state and municipal governments.
- Lack of Political Significance for Urban Governance Reforms:
- It could be that while cities are increasingly economically significant, they are not yet significant enough politically for politicians to look at urban governance issues more seriously.
- While the 73rd and 74th amendments to the Constitution devolved many powers to local governments, state governments continue to hold most of the aces. This could change rapidly in the future as India transitions from rural to urban.
Conclusion
- While urban governance systems are improving, India’s cities are still plagued by issues that need fundamental changes. Our building by-laws, restrictions on land use and zoning still create inefficiencies and make our cities unaffordable, dirty and polluted. The government’s steps to increase capacity building and to create expert committees to propose reforms in these areas is commendable. However, the pace of these proposals is inadequate and need to prioritised to meet urban India’s challenges.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Menstruation a biological process
Mains level: Menstrual leave policy debate
Context
- Menstrual leave is a workplace policy that allows female employees to take time off from work during their menstrual cycle due to physical discomfort or pain. This policy has been a topic of debate, with some arguing that it is necessary to accommodate the needs of women during their period, while others argue that it creates discrimination and reinforces gender stereotypes.
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Background
- Recently, Kerala government announced that the state government will grant menstrual leave for female students in all state universities under the Department of Higher Education.
- The declaration occurred shortly after the Cochin University of Science and Technology (CUSAT) announced the decision, in response to a request by the students’ union, to grant menstruation leave to all of its female students.
Menstrual leave and the debate
- Widespread conversation in recent years: The adoption of voluntary menstrual leave policies by some companies in recent years has led to a widespread conversation on periods in India.
- Termed as Special leave for women: When the Bihar government implemented a period leave policy in 1992, it was termed special leave for women due to the stigma attached to the word menstruation.
- Normalising conversation: The recent initiative by employers to provide period leave has been discussed and debated in the public sphere, thereby normalising the conversation around menstruation to an extent.
Who are menstruators?
- Menstruators is an inclusive term refers to individuals who have female reproductive anatomy and experience menstrual periods.
- It includes, women, trans men, and non-binary persons as well.
- This biological process also decouples menstruation from womanhood.
Arguments in favour
- Biological process comes with physical pain: Though menstruation is a biological process, it is accompanied by cramps, nausea, back and muscle pains, headaches, etc.
- Polycystic ovary syndrome (PCOS): Additionally, these can take a debilitating form amongst menstruating people who suffer from polycystic ovary syndrome (PCOS) and endometriosis.
- For instance: In India, 20 per cent of menstruators have PCOS and approximately 25 million suffer from endometriosis. The intensity of pain can vary for individuals for a variety of reasons.
- Acknowledges the reality: For many menstruators, it is a biological process intertwined with medical symptoms. Mandatory period leave is an affirmative action policy that acknowledges this reality.
- Kerala governments announcement is a welcome step: The Kerala government’s announcement to grant menstrual leave to all female students of state universities is a welcome move that takes the discourse a step further into educational institutions.
- It should be replicated across universities and schools in India: This will also help reduce the drop-out rates of female students from government schools in rural India caused by the lack of clean toilets, running water, sanitary pads, etc.
Arguments against
- Fear of bias in hiring: The major opposition to a menstrual leave policy is the fear of bias in hiring due to the financial costs to employers. Discriminatory hiring has been a cause of concern in many countries.
- Probable decline in women labour force participation: It is often equated to the decline in the labour force participation of women following the introduction of mandatory paid maternity leave.
- Medicalising normal biological process: Period leave is often seen as medicalising a normal biological process.
Did you know?
“Female sugarcane cutters surgically remove their uteri to secure work”
- A widely accepted menstrual health framework can also ameliorate the conditions of female workers in the unorganised sector.
- In Maharashtra’s Beed district, contractors in the sugarcane industry do not hire anyone who menstruates.
- More than 10,000 female sugarcane cutters have had to surgically remove their uteri to secure work.
- Most of them are in their twenties and thirties, and now experience various post-surgery health complications. Such exploitation is a human rights violation.
Way ahead
- Need to bridge the gaps: The path to equality does not lie in inaction due to fear of further discrimination. What is needed is a holistic outlook aimed at bridging existing gaps.
- Comprehensive and inclusive approach is must: The implementation of menstrual leave should be based on a comprehensive and inclusive approach that takes into account the needs and rights of all employees, regardless of gender.
- Mandatory self-care leaves as an alternative: Employers should be made to introduce a mandatory self-care leave as an alternative to period leaves for those who cannot avail of the latter. Employees should be able to utilise their self-care leave as they deem fit. This will reduce burnout and increase productivity.
- Self-care leave will also destigmatise menstruation: The names menstrual leave and self-care leave will also destigmatise menstruation and self-care respectively. Further, employers should be made to implement a stringent diversity, equity, and inclusion (DEI) framework.
- Safeguards menstruators in unorganized sector: A formal menstrual leave policy in the organized sector can act as a catalyst in safeguarding menstruators in the unorganized sector too.
Conclusion
- Menstrual health is a public health issue. Considering the sizable population of menstruators in India who face stigma, period leave cannot be dismissed anymore as a foreign concept. It is a pivotal step in ensuring proper reproductive health equity in India.
Mains question.
Q. The topic of Menstrual leave is in the headlines for some time now. Anaalyse the dabate
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Section 33 (7) of the RPA, 1951
Mains level: Not Much
The Supreme Court has refused to set aside a provision in the election law that allows candidates to contest polls from two constituencies simultaneously.
What is the issue?
- The petition had sought the court to declare Section 33(7) of the Representation of People Act invalid and ultra vires.
- Like one-person-one-vote, one-candidate-one-constituency is the dictum of democracy, argued the petition.
What did the SC say?
- This is a policy matter and an issue concerning political democracy.
- It is for the Parliament to take a call, CJI observed.
Provision for contesting polls from two constituency
- Under section 33 (7) of the RPA, 1951, a person is allowed to contest polls, whether a general election, more than one by-elections or biennial elections, from a maximum of two seats.
- Before this law, candidates could run in any number of constituencies.
- If candidates win both seats, they must vacate one within 10 days, triggering a by-election, as stated under section 70 of the Act.
- Under the Constitution, an individual cannot simultaneously be a member of either House of Parliament (or a state legislature), or both Parliament and a state legislature, or represent more than one seat in a House.
Issues with two polls provision
- Issues with twin victories: There have been cases where a person contests election from two constituencies, and wins from both. In such a situation he vacates the seat in one of the two constituencies.
- Expenses of bye-election: The consequence is that a by-election would be required from one constituency involving avoidable expenditure on the conduct of that bye-election.
ECI supports one-candidate-one-constituency
- The Election Commission had, in an affidavit in 2018, supported the petition.
- It had informed the Supreme Court that it had proposed an amendment to Section 33(7) in July 2004.
Way ahead
- Heavy election deposits: A candidate should deposit an amount of ₹5 lakh for contesting in two constituencies in an Assembly election or ₹10 lakh in a general election.
- Recurring election expenses: The amount would be used to cover the expenses for a by-election in the eventuality that he or she was victorious in both constituencies and had to relinquish one.
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From UPSC perspective, the following things are important :
Prelims level: Additional surveillance mechanism (ASM)
Mains level: Not Much
The National Stock Exchange (NSE) placed very famous enterprises of business tycoons under the additional surveillance mechanism (ASM).
Why in news?
- The Adani Group has shed $108 billion in market value since Hindenburg Research accused it of stock manipulation and accounting fraud.
What is Additional Surveillance Mechanism (ASM)?
- 2018 saw the establishment of the Additional Surveillance Measure (ASM), a measure by SEBI and recognised stock exchanges to control the incredibly volatile stocks on the Indian stock market.
- ASM in the stock market functions as a control measure for speculative trading to safeguard the interests of retail investors and keep them out of potentially dangerous trading situations.
- There are two parts of additional margins:
- Long-term ASM
- Short-term ASM
What is ASM list in the stock market?
- ASM list means a collection of securities currently under observation owing to variables like price volatility, volume variation, etc.
- Investors are alerted to unexpected price movement by stocks that have been shortlisted for the ASM list.
- These equities are subject to various trading restrictions to halt any speculation.
- The regulations that apply to stocks on the ASM list are more stringent.
- They are prohibited from being pledged and using intraday leverages like bracket and cover orders, among others.
How does it work?
- For instance, the stock will be moved to a 5% price band the day it joins the ASM list; from then on, it may only move 5% up or down from the previous day’s closing level.
- As a result of this limit violation, the stock can no longer trade on the market once this limit is violated.
- In addition, the investor ought to have 100% margin money to trade the stock as of the fifth day.
- The selected securities will be monitored further, based on predetermined criteria and transferred into Trade to Trade settlement once the criterion is met.
Criteria to determine ASM list stocks
The following criteria are used to select stocks for inclusion in ASM and were mutually decided upon by SEBI and Exchanges:
- Close-to-Close Price Variation
- Market Capitalisation
- Volume Variation
- Delivery Percentage
- High Low Variation
- Client Concentration
- of Unique PANs
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From UPSC perspective, the following things are important :
Prelims level: Red Sanders
Mains level: Not Much
The CITES trade database has recorded 28 incidents of Red Sanders confiscation, seizure, and specimen from the wild being exported from India.
Red Sanders
- The species, Pterocarpus santalinus, is an Indian endemic tree species, with a restricted geographical range in the Eastern Ghats.
- It is a very slow-growing tree species that attains maturity in natural forests after 25-40 years.
- It is endemic to a distinct tract of forests in Andhra Pradesh.
- It is mainly found in Chittoor, Kadapa, Nandhyal, Nellore, Prakasam districts of Andhra Pradesh.
- It was classified as ‘near threatened’ in 2018 and has now joined the ‘endangered’ list once again in 2021.
- It is listed under Appendix II of CITES and is banned from international trade.
Legal protection in India
- The Union Environment Ministry had decided to keep Red Sanders (red sandalwood) OUT of the Schedule VI of Wild Life Protection Act, 1972, arguing that this would discourage the cultivation of the rare plant species.
- Schedule VI regulates and restricts the cultivation, possession, and sale of a rare plant species.
Threats to this specie
- Red Sanders are known for their rich hue and therapeutic properties, are high in demand across Asia, particularly in China and Japan.
- They are used in cosmetics and medicinal products as well as for making furniture, woodcraft and musical instruments.
- Its popularity can be gauged from the fact that a tonne of Red Sanders costs anything between Rs 50 lakh to Rs 1 crore in the international market.
Try this question from CSP 2016:
Q.With reference to ‘Red Sanders’, sometimes seen in the news, consider the following statements:
- It is a tree species found in a part of South India.
- It is one of the most important trees in the tropical rain forest areas of South India.
Which of the above statements is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Post your answers here.
Back2Basics: Convention on International Trade in Endangered Species (CITES)
- CITES stands for the Convention on International Trade in Endangered Species of Wild Fauna and Flora.
- It is as an international agreement aimed at ensuring “that international trade in specimens of wild animals and plants does not threaten their survival”.
- It was drafted after a resolution was adopted at a meeting of the members of the International Union for Conservation of Nature (IUCN) in 1963.
- It entered into force on July 1, 1975, and now has 183 parties.
- The Convention is legally binding on the Parties in the sense that they are committed to implementing it; however, it does not take the place of national laws.
- India is a signatory to and has also ratified CITES convention in 1976.
CITES Appendices
- CITES works by subjecting international trade in specimens of selected species to certain controls.
- All import, export, re-exports and introduction from the sea of species covered by the convention has to be authorized through a licensing system.
- It has three appendices:
- Appendix I includes species threatened with extinction. Trade-in specimens of these species are permitted only in exceptional circumstances.
- Appendix II provides a lower level of protection.
- Appendix III contains species that are protected in at least one country, which has asked other CITES Parties for assistance in controlling trade.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Lab grown diamonds
Mains level: Not Much
During her Budget speech, Finance Minister announced the government’s move to focus on lab-grown diamonds (LGDs).
What did the FM announce?
- Customs duty on the seeds used in lab-grown diamond manufacturing will be reduced, announced the finance minister.
- She also announced a grant to IITs to facilitate the growth of LGDs in India.
What are Lab-Grown Diamonds (LGD)?
- Lab-grown diamonds are diamonds that are produced using specific technology which mimics the geological processes that grow natural diamonds.
- They are not the same as “diamond simulants” – LGDs are chemically, physically and optically diamond and thus are difficult to identify as “lab-grown.”
- While materials such as Moissanite, Cubic Zirconia (CZ), White Sapphire, YAG, etc. are “diamond simulants” that simply attempt to “look” like a diamond.
- LGDs have basic properties similar to natural diamonds, including their optical dispersion, which provide them the signature diamond sheen.
- They lack the sparkle and durability of a diamond and are thus easily identifiable.
- However, differentiating between an LGD and an Earth Mined Diamond is hard, with advanced equipment required for the purpose.
How are LGDs produced?
There are multiple ways in which LGDs can be produced.
- High pressure, high temperature (HPHT) method: This method requires extremely high pressure, high temperature presses that can produce up to 730,000 psi of pressure under extremely high temperatures (at least 1500 Celsius). Usually graphite is used as the “diamond seed” and when subjected to these extreme conditions, the relatively inexpensive form of carbon turns into one of the most expensive carbon forms.
- Other processes: These include “Chemical Vapor Deposition” (CVD) and explosive formation that creates what are known as “detonation nano-diamonds”.
What are LGDs used for?
(1) Production
- For instance, LGDs are most often used for industrial purposes, in machines and tools. Their hardness and extra strength make them ideal for use as cutters.
- Furthermore, pure synthetic diamonds have high thermal conductivity, but negligible electrical conductivity.
(2) Electronics industry
- This combination is invaluable for electronics where such diamonds can be used as a heat spreader for high-power laser diodes, laser arrays and high-power transistors.
(3) Jewelleries
- Lastly, as the Earth’s reserves of natural diamonds are depleted, LGDs are slowly replacing the prized gemstone in the jewellery industry.
- Crucially, like natural diamonds, LGDs undergo similar processes of polishing and cutting that are required to provide diamonds their characteristic lustre.
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From UPSC perspective, the following things are important :
Prelims level: iCET
Mains level: India-US bilateral relations and High technology cooperation
Context
- The talks between India’s National Security Advisor Ajit Doval and his American counterpart Jake Sullivan in Washington this week have concluded with the announcement of a new road map for deeper military and techno-economic cooperation between the two countries that is iCET.
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Background: Idea first mooted in QUAD summit
- The idea was first mooted in the meeting between Prime Minister Narendra Modi and President Joe Biden on the margins of the Tokyo summit of the Quadrilateral Security Dialogue (Quad) last May.
- Early advances in India’s nuclear and space programs: High technology cooperation has long been a major focus of US-India relations. Early advances in India’s nuclear and space programmes in the 1950s and 1960s involved significant inputs from the US.
- US nuclear sanctions and reduced cooperation: But the US nuclear sanctions from the 1970s steadily whittled down the extent of bilateral high-tech cooperation.
- Civil nuclear initiative renewed cooperation: The historic civil nuclear initiative of 2005 opened the door for renewed technological cooperation.
- Political ambivalence bureaucratic inertia prevented best use: But residual restrictions on technology transfer in Washington and Delhi’s political ambivalence and bureaucratic inertia prevented the best use of the new possibilities.
- The iCET process and new possibilities ahead: The iCET process, which will be monitored and driven from the PMO in Delhi and the White House in Washington, will hopefully bring greater coherence to this round of India-US technological engagement.
What is Initiative on Critical and Emerging Technologies (iCET)?
- Cooperation in emerging technology: The iCET is a partnership between India and the US to work together in developing important and new technologies.
- Areas of collaboration for instance: The iCET involves collaboration in a range of areas including quantum computing, semiconductors, 5G and 6G wireless infrastructure, and civilian space projects such as lunar exploration.
- Adding depth and breadth to already growing partnership: The iCET’s goal is to increase the technology interaction between the US and India while also potentially adding additional strategic depth and breadth to their growing partnership.
- Directly monitored by PMO and White house: The Prime Minister’s Office in Delhi and the White House in Washington will oversee and direct the iCET.
Significance of iCET for India
- The importance of iCET in the context of assertive China: Lending urgency to the iCET is the growing convergence of Indian and US interests in managing the security, economic, and technological challenges presented by a rising and assertive China.
- India’s alternative for dependence on Russian military technology: India is also looking to reduce its over dependence on Russian weapons and military technology and to produce more weapons at home in partnership with western countries.
- Boost to India’s technological capabilities: The iCET would provide India with access to cutting-edge technology and expertise in areas that are critical and emerging in nature.
- Economic growth: Working together on new and important technologies can lead to more business between India and the US, which can help the economy grow as it will bring more investment and employment opportunities.
Other focus area: Cooperation in defence production
- The two sides are also focused on cooperation in defence production.
- While much of this cooperation will need to be fleshed out in the months ahead, Doval and Sullivan announced one concrete measure the making of a fighter jet engine in India.
- GE Aerospace has applied for an export licence for jet engine production and phased transfer of technology to Indian entities. Washington promises to process this application expeditiously. This fits in nicely with Delhi’s plans to modernise its rusty defence industrial base.
Conclusion
- If implemented with speed and purpose, the bilateral Initiative on Critical and Emerging Technologies (iCET) could lend a new strategic depth and breadth to the expanding engagement between India and the United States.
Mains question
Q. What is Initiative on Critical and Emerging Technologies (iCET)? Discuss the Importance of iCET especially for India.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 145(5) of the Constitution
Mains level: Not Much
As the recent majority judgment of the Supreme Court on demonetization comes under criticism, the minority judgment by J. Nagarathna is being hailed for its challenge to the RBI’s institutional acquiescence (reluctant acceptance) to the Central government.
What is Judicial Majoritarianism?
- Numerical majorities are of particular importance to cases which involve a substantial interpretation of constitutional provisions.
- The requirement for a majority consensus flows from Article 145(5) of the Constitution which states that no judgment in such cases can be delivered except with the concurrence of a majority.
- It also provides for judges to freely deliver dissenting judgments or opinions.
- In important cases, Constitutional Benches, consisting of five or more judges, are set up in consonance with Article 145(3) of the Constitution.
- Such Benches usually consist of five, seven, nine, 11 or even 13 judges.
Why in news?
- Blind acceptance: This situation raises questions with respsect to our blind acceptance of numerical majority judgements.
- Disregard for dissent: This flags issues in judicial decision-making and the constitutional disregard of analysis and appreciation of arguments and evidence in dissenting judgments.
- Merits of dissent: Analysts now seek to challenge the weightage given to numerical majorities in judicial decisions by our Constitutional Courts as opposed to the merits in their reasoning.
CASE STUDY: “Why Do Bare Majorities Rule on Courts?”
- Jeremy Waldron has dealt with this concept at length in his work titled ‘Five to Four: Why Do Bare Majorities Rule on Courts?’.
- He proffers that the arguments which are made in defense of judicial majoritarianism cannot explain or justify our adherence to majority decisions –
1. Efficiency through ease of decision-making;
2. Epistemic objectivity through majority adherence; and
3. Equality through fairness,
- He questions why is it that the judges too have to resort to head counting in order to resolve disagreements amongst judges.
|
Heart of the debate: Why do experts need to resort to ‘majority’?
- Defiance of merit: A meritorious minority decision, irrespective of the impeccability of its reasoning receives little weightage in terms of its outcomes.
- Complex situations: All judges on a particular Bench give their rulings on the same set of facts, laws, arguments and written submissions.
- Nature of bias: Judicial hunches may be an outcome of subjective experiences, outlooks, perceptions, prejudices and biases.
Narrow margin: Some meritorious dissents in India
Our Constitutional history is replete with such meritorious dissents-
- The dissenting opinion of Justice H.R. Khanna in A.D.M. Jabalpur v. Shivkant Shukla (1976) upholding the right to life and personal liberty even during situations of constitutional exceptionalism is a prime example.
- Another example is the dissenting opinion of Justice Subba Rao in the Kharak Singh v. State of U.P. (1962) case upholding the right to privacy which received the judicial stamp of approval in the K.S. Puttaswamy v. UOI (2017) case.
| Do you know?
The Kesavananda Bharati verdict (1973) was divided 7–6 majority. And 4 other judges to bench refused to sign the Judgment! It is almost like the Basic Structure Doctrine was rejected. It should have had an overwhelming majority. |
Way forward
- Weightage-based assent in judgments: Ronald Dworkin proffers a system that may either give more weightage to the vote of senior judges given that they have more experience or to the junior judges as they may represent popular opinion better.
- Doing away with headcounts: Such alternatives, however, can only be explored once we identify and question the premises and rationales which underlie head-counting in judicial decision-making.
- Imbibe critical discourse: The absence of a critical discourse on judicial majoritarianism represents one of the most fundamental gaps in our existing knowledge regarding the functioning of our Supreme Court.
- Cases to expert benches: As pending Constitutional Bench matters are listed for hearing and judgments are reserved, we must reflect upon the arguments of judicial majoritarianism on the basis of which these cases are to be decided.
Conclusion
- There is a need to reflect upon the concept of judicial majoritarianism.
- The academic discourse on this aspect is still nascent and developing.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Puisne Judges, Three Judges Case
Mains level: Not Much
While recommending two names for appointment as judges of the Supreme Court, the Collegium headed by Chief Justice of India D Y Chandrachud said that the collegium had taken into “consideration the seniority of Chief Justices and senior puisne Judges…”
Who are Puisne Judge?
- According to the dictionary, the word puisne has French origins, which means “later born” or younger.
- It is pronounced / “puny”, the English word that means small or undersized.
- Puisne is almost always used in the context of judges, and essentially denotes seniority of rank.
- The term puisne judge is used in common law countries to refer to judges who are ranked lower in seniority, i.e., any judge other than the Chief Justice of that court.
Now again, what is common law?
- Common law is the body of law that is created by judges through their written opinions, rather than through statutes or constitutions (statutory law).
- Common law, which is used interchangeably with ‘case law’, is based on judicial precedent.
- The United Kingdom (UK) and the Commonwealth countries, including India, are common law countries.
Legal reference to Puisne Judges
In the Third Judges Case ruling in 1998, one of the two cases that led to the evolution of the collegium system, the Supreme Court clarified that-
- The CJI must make a recommendation to appoint a Judge of the Supreme Court and to transfer a Chief Justice or puisne Judge of a High Court in consultation with the four seniormost puisne Judges of the Supreme Court.
Is a “puisne judge” in India the same as in the UK?
- In the UK, puisne judges are judges other than those holding distinct titles.
- The Supreme Court of Judicature Act, 1877 defined a “puisne judge” as any judge of the High Court besides the Lord Chancellor, the Lord Chief Justice of England, and the Master of the Rolls.
- In India, all judges have the same judicial powers.
- As the seniormost judge of a court, the Chief Justice has an additional administrative role.
- In India, there is a reference to a puisne judge only while considering the order of seniority for appointments, elevations to High Courts, etc., but it does not have a bearing on the exercise of a judge’s judicial power.
What is the recent context?
- The Supreme Court collegium recommended current Chief Justices of the Allahabad and Gujarat High Courts respectively, for appointment as judges of the Supreme Court.
- While giving reasons for its recommendation, the collegium said that the decision was made taking “into consideration the seniority of Chief Justices and senior puisne Judges in their respective parent High Courts.
- This was done because seniority is one of the several criteria that are considered while making appointments to the higher judiciary.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: PVTGs
Mains level: Tribal upliftment
The Union Budget 2023-24 has provided to launch the Pradhan Mantri PVTG (Particularly Vulnerable Tribal Group) Development Mission in order to saturate the PVTG families and habitations with basic facilities.
What is the budgetary announcement about?
- The Pradhan Mantri PVTG Mission will be launched as part of ‘Reaching The Last Mile’, one of the seven Saptarishi priorities enlisted in this year’s Budget.
- More details are awaited for this new.
Particularly Vulnerable Tribal Groups (PVTGs)
- There are certain tribal communities who have declining or stagnant population, low level of literacy, pre-agricultural level of technology and are economically backward.
- They generally inhabit remote localities having poor infrastructure and administrative support.
- These groups are among the most vulnerable section of our society as they are few in numbers, have not attained any significant level of social and economic development.
- 75 such groups have been identified and categorized as Particularly Vulnerable Tribal Groups (PVTGs).
Origin of the concept
- The Dhebar Commission (1960-1961) stated that within Scheduled Tribes there existed an inequality in the rate of development.
- During the fourth Five Year Plan a sub-category was created within Scheduled Tribes to identify groups that considered to be at a lower level of development.
- This was created based on the Dhebar Commission report and other studies.
- This sub-category was named “Primitive tribal group”.
Features of PVTGs
- The features of such a group include a:
- Pre-agricultural system of existence
- Practice of hunting and gathering
- Zero or negative population growth
- Extremely low level of literacy in comparison with other tribal groups
- Groups that satisfied any one of the criterion were considered as PTG.
- In 2006 the government of India proposed to rename “Primitive tribal group” as Particularly vulnerable tribal group”.
Try this PYQ:
Q.Consider the following statements about Particularly Vulnerable Tribal Groups (PVTGs) in India:
- PVTGs reside in 18 States and one Union Territory.
- A stagnant or declining population is one of the criteria for determining PVTG status.
- There are 95 PVTGs officially notified in the country so far.
- Irular and Konda Reddi tribes are included in the list of PVTGs.
Which of the statements given above are correct? (CSP 2019)
(a) 1, 2 and 3
(b) 2, 3 and 4
(c) 1, 2 and 4
(d) 1, 3 and 4
Post your answers here.
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