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G20 : Economic Cooperation ahead

Research and Development Scenario in India

op-ed snap | Economics | Mains Paper 3: Inclusive Growth & Issues
Context
- US, has retained its global leadership for almost a century since World War I thanks to the culture of innovation backed by a solid base of research and development (R&D). China is challenging the leadership of US based on technology and innovation. If India wants to be a Vishwa guru it must invest in R&D.
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Innovation and missing R&D Investment
- Engine of growth: Innovation is rightly recognized as an engine for economic growth.
- Atal innovation Mission: In 2016, the government launched the Atal Innovation Mission (AIM) to create an ecosystem to promote innovation and entrepreneurship in the country.
- Actual spending is less: All these are steps in the right direction, but the foundation of all this lies in how much India actually spends on R&D, both in absolute terms as well as a percentage of its GDP, in relation to other G20 countries.
- Sustainable Target: SDG Target 9.5 calls upon nations to encourage innovation and substantially increase the numbers of researchers as well as public and private spending on R&D. Gross domestic expenditure on R&D (GERD) is the proposed aggregate to quantify a country’s commitment to R&D.
What is the scenario of Global Investment in R&D?
- Institute for Statistics (UIS): According to UNESCO’s Institute for Statistics (UIS) latest report, the G20 nations accounted for 90.6 per cent of global GERD (current, PPP$) in 2018.
- Increased spending on R&D: Global R&D expenditure has reached a record high of about 2.2 trillion current PPP$ (2018), while Research Intensity (R&D expenditure as a percentage of GDP) has gradually increased from 1.43 per cent in 1998 to 1.72 per cent in 2018.
- Investment in PPP terms is inaccurate: Though looking at spending in PPP terms is a reasonable metric for welfare measurement in the economy, when it comes to technological prowess in high-end activities of R&D, it all boils down to measuring hard currency in US dollars.
Investment in R&D by G20 countries
- G20 leader in investment: The G20 countries, accounting for 86.2 per cent of the global GDP and over 60 per cent of the global population in 2021, are the leaders in every way.
- USA spends the Highest: The US leads the G20 by spending $581.6 billion on R&D followed by the European Union ($323 billion), and China ($297.3 billion) in 2018.
- India spends negligible amount: India lags way behind with a paltry R&D expenditure of only $17.6 billion in 2018. In terms of their relative shares in G20 R&D expenditure, the US is way ahead with 36 per cent, followed by the EU (20 per cent), and China (18 per cent). India’s share is less than 1 per cent of G20 R&D expenditure in dollar terms.
Linkages between Research Intensity and Expenditure on R&D
- Percentage to GDP: While the absolute expenditure on R&D provides a sense of scale, their percentage to the respective GDP provides the research intensity (RI).
- South Korea Highest RI: It is interesting to note that in 2018 for which the latest information is available, South Korea has the highest RI at 4.43 per cent, followed by Japan (3.21 per cent), Germany (3.09 per cent), the US (2.83 per cent), France (2.19 per cent), China (2.14 per cent) and EU (2.02 per cent). India is ranked 17th in the G20, with a RI of 0.65 per cent (see infographics).
- Example of Israel: One of the non-G20 countries is Israel, which, while having an R&D expenditure of just $18.6 billion, a population of only 9.3 million and a per capita income of around $51,430, has the highest RI of over 5 per cent. No wonder, Israel is known as a land of innovations, be it in defence or agriculture.
What India can learn from Israel?
- Innovation growth and competition: The innovation system in Israel is a fundamental driver of its economic growth and competitiveness.
- Active role of government: The government has played an important role in financing innovation, particularly in SMEs, and in providing well-functioning frameworks for innovation, such as venture capital (VC), incubators, strong science-industry links, and high-quality university education.
- India can emulate Israel: Israel builds a strong case to show that despite being a smaller nation, sustainable growth can be achieved by prioritising investments in R&D. A lesson India can learn.
Mains Question

Q. What is difference between investment in R&D and research intensity? What is the missing part in India’s R&D and innovation ecosystem?
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Foreign Policy Watch: India – EU

India-EU Free Trade Agreement

op-ed snap | International Relations | Mains Paper 2: Bilateral, Regional and Global Groupings and agreements involving India
Context
- The third round of negotiations of the India-European Union (EU) free trade agreement concluded recently. The two sides are also negotiating an investment protection agreement (IPA), which will contain investment protection standards and an independent mechanism to settle disputes between investors and states under international law.
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Why EU is seeking Investor Protection Agreement?
- Regulatory troubles in India: Notwithstanding the laudable intent of the government to welcome them, foreign investors in India have often got into numerous regulatory troubles with the state.
- Investors have sued India: Several foreign corporations like Vodafone, Cairn Energy, Nissan, White Industries, Telenor, Nokia, Vedanta have sued India to enforce the rights guaranteed to them in bilateral investment treaties (BITs). This is the main motivation behind the EU seeking an IPA with India.
- India’s past of unilaterally changing the laws: EU investors can rely on Indian law for protection. But Indian law can be unilaterally changed to the detriment of the investor.
- Slow Judicial process: The Indian judiciary is agonisingly slow in resolving disputes. Thus, the longing for protection under international law.
What are the hurdles finalization INDIA-EU treaty?
- Non-justiciable tax regulations: India wants to push taxation measures outside the scope of the treaty by making tax-related regulatory measures non-justiciable. The EU has difficulty accepting this proposition given the recent history of India’s tax-related investment disputes with Vodafone, Cairn Energy, and Nissan.
- Two tier court system: The EU’s investment proposal to India talks of creating a two-tier court-like system with an appellate mechanism and tenured judges to resolve treaty disputes between investors and the state.
- EU’s proposal of MIC: This proposal is connected to the EU’s stand internationally for creating a multilateral investment court (MIC), negotiations for which are going on at the United Nations Commission on International Trade Law (UNCITRAL). The MIC is aimed at overcoming the weaknesses of the current arbitration-based system of settling investor-state disputes.
- Lack of clarity from India’s side: India’s position on creating an investment-court-like system is unknown. India hasn’t publicly contributed to the ongoing negotiations at UNCITRAL towards establishing a MIC.
What is the issue of MFN and FET?
- EU wants the MFN status: The EU’s investment proposal contains a most favoured nation (MFN) provision to ensure that EU investors do not face discrimination vis-à-vis other foreign investors.
- India don’t want to include MFN: On the other hand, India’s position is not to include the MFN provision in its investment treaties because of the apprehension that foreign investors will use the MFN clause to indulge in disruptive treaty shopping. The solution to such disruptive treaty shopping is to negotiate for a qualified MFN provision and not exclude it altogether.
- Fair equitable treatment: EU investment proposal contains what is known as a fair and equitable treatment (FET) provision, which is missing in the Indian 2016 Model BIT.
- Making the state liable: The FET provision protects foreign investors, for example, by making the states liable if it goes back on the specific assurances made to an investor to induce investments on which the investor relied while making the investment.
Why IPA is need of the hour?
- FDI is stagnant: Overall FDI to India has stagnated for the past decade at around 2 per cent of the GDP. In the case of the EU, while its share in foreign investment stock in India increased from €63.7 billion in 2017 to €87.3 billion in 2020, this is way below the EU foreign investment stocks in China (€201.2 billion) or Brazil (€263.4 billion).
- Negative Impact of BIT terminations: Recent research shows that India’s decision to unilaterally terminate BITs has negatively impacted FDI inflows to India.
- IPA needed to attract FDI: India needs the IPA with the EU to attract FDI for achieving the aspirational milestone of becoming a $10-trillion economy by 2030.
Conclusion
- India needs to put its own house in order. India should review the 2016 Model BIT, as has also been recommended by the Parliament’s standing committee on external affairs.
Mains Question

Q. What is the investor protection scheme and why EU wants to include IPA in Free Trade Agreement with India? what are the hurdles in FTA between EU and India?

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Health Sector – UHC, National Health Policy, Family Planning, Health Insurance, etc.

India’s G20 Presidency: Healthcare should be a central agenda

op-ed snap | Governance | Mains Paper 2: Health & Education
Context
- Health needs to be a central agenda for the G20 2023. It has been one of the priority areas for G20 deliberations since 2017, when the first meet of health ministers of G20 countries was organised by the German presidency. The G20 now has health finance in its financial stream and health systems development in the Sherpa stream.
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Background: Prioritizing Health
- An annual G20 meeting of health ministers and a joint health and finance task force reflects the seriousness the subject has gained.
- The Berlin Declaration 2017 of the G20 health ministers provided a composite approach focusing on pandemic preparedness, health system strengthening and tackling antimicrobial resistance.
- The Covid-19 pandemic gave added urgency to pandemic preparedness and the Indonesian presidency in 2022 made it the major focus. The Indian presidency needs to advance these agendas.
Global community engagement to strengthen Health systems
- Universal Health Coverage (UHC): The concept of UHC was born in the 2000s to prevent catastrophic medical expenditures due to secondary and tertiary level hospital services by universalizing health insurance coverage.
- UHC as a strategy to ensure healthcare for all: The UHC has been the big global approach for health systems strengthening since 2010, also adopted in 2015 as the strategy for Sustainable Development Goal-3 on ensuring healthcare for all at all ages.
- Limited impact of UHC: However, the limited impact of this narrow strategy was soon evident, with expenditures on outdoor services becoming catastrophic for poor households and preventing access to necessary healthcare and medicines, while many unnecessary/irrational medical interventions were being undertaken.
What are the new approaches developed to strengthen healthcare system?
- Highlighted the need to prioritise primary healthcare (PHC): In 2018, the Astana Conference organised by WHO and UNICEF put out a declaration stating that primary healthcare (PHC) is essential for fulfilling the UHC objectives.
- Combined UHC- PHC approach: In 2019, the UN General Assembly adopted the combined UHC-PHC approach as a political declaration.
- World bank report on benefits of PHC services during pandemic: The World Bank published a report in 2021, “Walking the Talk: Reimagining Primary Health Care After COVID-19”. The dominant hospital-centred medical system is becoming unaffordable even for the high-income countries, as apparent during the 2008 recession and subsequently.
What is PHC-with-UHC approach?
- It means strengthening primary level care linked to non-medical preventive action (food security and safety, safe water and air, healthy workspaces, and so on)
- It works through whole-of-society and whole-of-government approaches, and extending the “PHC principles” to secondary and tertiary care services.
- This could be the most cost-effective systems design the comprehensive game changer that global health care requires.
What is to be strengthened, what initiatives can be applied and how?
- Making health central to development in all sectors: Health in all policies, one health (linking animal and human health for tackling antimicrobial resistance and zoonotic diseases), planetary health, pandemic preparedness.
- Health systems strengthening: Designing PHC-with-UHC for diverse contexts. Conceptualised as a continuum of care from self-care in households to community services, to primary level para-medical services and first contact with a doctor, services provided as close to homes as possible, affordable and easily deliverable.
- Appropriate technologies to be adopted as a norm: By strengthening health technology assessment, ethics of healthcare, equitable access to pharmaceutical products and vaccines, integrative health systems using plural knowledge systems rationally.
- Health and healthcare from the perspective of the marginalised: Gendered health care needs, Health care of indigenous peoples globally, occupational health, mental health and wellbeing, healthy ageing.
- Easy access to health knowledge for all: decolonization and democratization of health knowledge, with interests and perspectives of low-middle-income countries (LMICs), prevention and patient-centred healthcare.
India’s G20 Presidency: An opportunity to contribute and make inclusive healthcare system
- India has several pioneering initiatives that can contribute to the PHC-with-UHC discussion:
- National Health mission and dedicated health facilities: Lessons from the National Health Mission for strengthening public health delivery; the HIV-control programme’s successful involvement of affected persons/communities and a complex well-managed service structure.
- Democratized health knowledge: Pluralism of health knowledge systems, each independently supported within the national health system.
- Certified Health personnel: Health personnel such as the ASHAs, mid-level health providers and wellness centres, traditional community healthcare providers with voluntary quality certification;
- R&D and widely acknowledged pharmaceutical capacity: Research designed for validation of traditional systems; pharmaceutical and vaccines production capacity;
- Digital health as an example: Developments in digital health; social insurance schemes and people’s hospital models by civil society.
Conclusion
- What is required is the drafting of PHC-with-UHC (a PHC 2.0) with a broad global consensus and commitment to a more sustainable and people-empowering health system. Pursuing such an agenda would involve much dialogue within countries, regions and globally. India should use its presidency to draft a model policy focusing on primary healthcare that commits to a universal, affordable, inclusive and just healthcare system
Mains Question

Q. What is Primary HealthCare and Universal healthcare integrated approach? What steps are necessary to further strengthen sustainable healthcare system? Discuss how India can contribute to it under its G20 presidency?

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e-Waste Management

Consumer Affairs Ministry unveils ‘Right to Repair’ Portal

| Economics | Mains Paper 3: Effects Of Liberalization On The Economy, Changes In Industrial Policy and their effects on Industrial Growth
The Food and Consumer Affairs Minister introduced a host of new initiatives, including a right to repair portal.

Right to Repair portal
- On the ‘right to repair’ portal, manufacturers would share the manual of product details with customers so that they could either repair by self, by third parties, rather than depend on original manufacturers.
- Initially, mobile phones, electronics, consumer durables, automobile and farming equipments would be covered.
What is Right to Repair?
- It refers to proposed government legislation that would allow consumers the ability to repair and modify their own consumer products (e.g. electronic, automotive devices).
- The idea behind “right to repair” is in the name: If you own something, you should be able to repair it yourself or take it to a technician of your choice.
- People are pretty used to this concept when it comes to older cars and appliances, but right-to-repair advocates argue that modern tech, especially anything with a computer chip inside, is rarely repairable.
The Right to Repair movement aims for:
1. Easy repair: The device should be constructed and designed in a manner that allows easy repairs
2. Access to critical components: End users and independent repair providers should be able to access original spare parts and tools (software as well as physical tools) needed to repair the device at fair market conditions
3. No technical barriers: Repairs should by design be possible and not hindered by software programming
4. Proper communication: The repairability of a device should be clearly communicated by the manufacturer.
How did it came to existence?
- The average consumer purchases an electronic gadget, knowing that it will very quickly become obsolete as its manufacturer releases newer and more amped up version.
- As your device grows older, issues start to crop up — your smartphone may slow down to a point where it is almost unusable, or your gaming console may require one too many hard resets.
- When this happens, more often than not, you are left at the mercy of manufacturers who make repairs inaccessible and an inordinately expensive affair.
Why is such right significant?
- Exorbitant repair price: Often, manufacturers reduce the durability of the product, compelling consumers to either repurchase the product or get it repaired at exorbitant prices affixed by the manufacturers.
- Lifespan enhancement: The goal of the movement is to increase the lifespan of products and to keep them from ending up in landfills.
- Against planned obsolescence: The electronic manufacturers are encouraging such culture so that devices are designed specifically to last a limited amount of time and to be replaced.
- Scarcity of natural resources: Obsolescence leads to immense pressure on the environment and wasted natural resources.
- Mitigating climate change: Manufacturing an electronic device is a highly polluting process. It makes use of polluting sources of energy, such as fossil fuel.
- Boost to repair economy: Right to repair advocates also argue that this will help boost business for small repair shops, which are an important part of local economies.
Issues with obsolete devices
- Unfair trade practice: For manufacturers, either of these options is a win-win case, because high-priced repairs, as well as new sales, mean more profits.
- High cost to consumers: This often led to higher consumer costs or drive consumers to replace devices instead of repairing them.
- Generation of E-waste: The global community is concerned over the continuously growing size of the e-waste stream.
- Recyclability: Up to 95% of raw materials used to produce electronic devices can be recycled, while the vast majority of newly produced devices use little to none recycled material due to the higher cost.
Why do electronic manufacturers oppose this movement?

Large tech companies, including Apple, Microsoft, Amazon and Tesla, have been lobbying against the right to repair.
- IPR violations through reverse engineering: Their argument is that opening up their intellectual property to third party repair services.
- Threats to device safety: Amateur repairers could lead to exploitation and impact the safety and security of their devices.
- Personal data security: Tesla, for instance, has fought against right to repair advocacy, stating that such initiatives threaten data security and cyber security.
- Sheer casualization: Tech giant has allowed repairs of its devices only by authorised technicians and not providing spare parts or DIY manuals on how to fix its products.
Right to Repair in India

The ‘right to repair’ is not recognised as a statutory right in India, but certain pronouncements within the antitrust landscape have tacitly recognized the right.
- Necessary consumer right: Monopoly on repair processes infringes the customer’s’ “right to choose” recognised by the Consumer Protection Act, 2019.
- Acknowledgment by agencies: Consumer disputes jurisprudence in the country has also partially acknowledged the right to repair.
- Upholding Competition: In Shamsher Kataria v Honda Siel Cars India Ltd (2017), for instance, the Competition Commission of India ruled that restricting the access of independent automobile repair units to spare parts as anti-competitive.
- Part of consumer welfare: The CCI observed that the practice was detrimental to consumer welfare.
- Laws for recycle: The e-waste (management and handling) rules addresses not only to handle the waste in an environmentally friendly manner, but also has laid down rules about its transportation, storage and recycling.
Way forward
- Avoiding blanket waiver: While necessary clauses to maintain the quality of the product can be included, a blanket waiver should be avoided.
- For instance, the quality assurance clause can be incorporated for use of company-recommended spare parts and certified repair shops.
- Making available the repair manual: Making repair manuals available to certified business owners could go a long way in balancing the rights of consumers and manufacturers.
- Sign a non-disclosure agreement to protect IP rights: Manufacturers can sign a non-disclosure agreement to protect the IP with certified repairers/businesses.
- Alloting certification/license: Further, the lack of certification/licensing of repair workers is seen as a reflection of their lack of skills.
- Insert right to repair in Consumer protection Act: The ‘right to repair’ can be said to be implicit in Section 2(9) of the Consumer Protection Act, 2019.
- Reparability parameter: The product liability clause under Section 84 can be amended and expanded to impose product liability concerning various reparability parameters of the product.
- Duration of product liability: The duration of imposing product liability may vary depending on the product and its longevity.
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Climate Change Impact on India and World – International Reports, Key Observations, etc.

What is a ‘Bomb Cyclone’?

Prelims Only | Enviro & Biodiversity | Mains Paper 1: Important Geophysical Phenomena
Bomb cyclone continued to unleash havoc as the death toll due to weather-related incidents in the United States mounted to 34 and has left millions without power.

What is Bomb Cyclone?
- A bomb cyclone is a large, intense mid-latitude storm that has low pressure at its center, weather fronts and an array of associated weather, from blizzards to severe thunderstorms to heavy precipitation.
- It becomes a bomb when its central pressure decreases very quickly—by at least 24 millibars in 24 hours.
- When a cyclone “bombs,” or undergoes bombogenesis, this tells us that it has access to the optimal ingredients for strengthening, such as high amounts of heat, moisture and rising air.
Why is it called a bomb?
- Most cyclones don’t intensify rapidly in this way.
- Bomb cyclones put forecasters on high alert, because they can produce significant harmful impacts.
Its etymology
- The word “bombogenesis” is a combination of cyclogenesis, which describes the formation of a cyclone or storm, and bomb, which is, well, pretty self-explanatory.
- This can happen when a cold air mass collides with a warm air mass, such as air over warm ocean waters.
- The formation of this rapidly strengthening weather system is a process called bombogenesis, which creates what is known as a bomb cyclone.
How does it occur?
- Over the warmer ocean, heat and moisture are abundant.
- But as cool continental air moves overhead and creates a large difference in temperature, the lower atmosphere becomes unstable and buoyant.
- Air rises, cools and condenses, forming clouds and precipitation.
Where does it occur the most?
- The US coast is one of the regions where bombogenesis is most common.
- That’s because storms in the mid-latitudes – a temperate zone north of the tropics that includes the entire continental US – draw their energy from large temperature contrasts.
- Along the US East Coast during winter, there’s a naturally potent thermal contrast between the cool land and the warm Gulf Stream current.
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Wildlife Conservation Efforts

What are Orans?

Prelims Only | Enviro & Biodiversity | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia
Oran Bachao Yatras are taking place in Rajasthan for the protection of orans or sacred groves facing the threat of destruction due to the land being allotted for renewable energy infrastructure and high-tension power lines.

What are Orans?
- Orans are Community Conserved Areas protected for their sacred values.
- They include woodlots, pastures, orchards, sacred groves, and habitats usually centered around sources of water such as natural springs, rivulets, or artificially constructed ponds.
- Additionally, there is usually a shrine dedicated to a local deity at the heart of an Oran.
- Their traditional boundaries are based on landmarks or geographical milestones established by indigenous and agro-pastoral communities associated with them.
- Orans are usually defined by a strong community-territory relationship and a well-functioning governance system.
Reasons for the Yatra
- Named after local deities and medieval warriors, orans hold religious and social significance as small forest patches in the middle of the mighty Thar desert.
- Orans also form the natural habitat for India’s most critically endangered bird, the Great Indian Bustard (GIB), a protected species under the Wildlife Protection Act, which is also the State bird of Rajasthan.
- GIBs have died during the last few years because of collision with power lines, making this the most significant threat to the majestic birds.
Back2Basics: Sacred Grooves
- Sacred groves of India are forest fragments of varying sizes, which are communally protected, and which usually have a significant religious connotation for the protecting community.
- It usually consists of a dense cover of vegetation including climbers, herbs, shrubs and trees, with the presence of a village deity and is mostly situated near a perennial water source.
- Sacred groves are considered to be symbols of the primitive practice of nature worship and support nature conservation to a great extent.
- The introduction of the protected area category community reserves under the Wild Life (Protection) Amendment Act, 2002 has introduced legislation for providing government protection to community-held lands, which could include sacred groves.
Historical references
- Indian sacred groves are often associated with temples, monasteries, shrines, pilgrimage sites, or with burial grounds.
- Historically, sacred groves find their mentions in Hindu, Jain and Buddhist texts, from sacred tree groves in Hinduism to sacred deer parks in Buddhism for example.
- Sacred groves may be loosely used to refer to natural habitat protected on religious grounds.
- Other historical references to sacred groves can be obtained in Vrukshayurveda an ancient treatise, ancient classics such as Kalidasa’s Vikramuurvashiiya.
- There has been a growing interest in creating green patches such as Nakshatravana
Regulation of activities in Sacred Grooves
- Hunting and logging are usually strictly prohibited within these patches.
- Other forms of forest usage like honey collection and deadwood collection are sometimes allowed on a sustainable basis.
- NGOs work with local villagers to protect such groves.
- Traditionally, and in some cases even today, members of the community take turns to protect the grove.
Threats to such grooves
- Threats to the groves include urbanization, and over-exploitation of resources.
- While many of the groves are looked upon as abode of Hindu deities, in the recent past a number of them have been partially cleared for construction of shrines and temples.
Total grooves in India
- Around 14,000 sacred groves have been reported from all over India, which act as reservoirs of rare fauna, and more often rare flora, amid rural and even urban settings.
- Experts believe that the total number of sacred groves could be as high as 100,000.
- They are called by different names in different states:
1. Sarna in Bihar
2. Dev Van in Himachal Pradesh
3. Devarakadu in Karnataka
4. Kavu in Kerala
5. Dev in Madhya Pradesh
6. Devarahati or Devarai in Maharashtra
7. Lai Umang in Maharashtra
8. Law Kyntang or Asong Khosi in Meghalaya
9. Kovil Kadu or Sarpa Kavu in Tamil Nadu
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Animal Husbandry, Dairy & Fisheries Sector – Pashudhan Sanjivani, E- Pashudhan Haat, etc

What is Purse Seine Fishing?

Prelims Only | Enviro & Biodiversity | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia
The Centre has told the Supreme Court that a ban imposed by certain coastal States on purse seine fishing, which is known to disadvantage endangered species, is not justified.

Purse seine fishing
- It uses a large vertical net to surround dense shoals of pelagic or midwater fish in the open ocean, and then draws in the edges like tightening the cords of a drawstring purse.
- A vertical net ‘curtain’ is used to surround the school of fish, the bottom of which is then drawn together to enclose the fish, rather like tightening the cords of a drawstring purse.
- It is deployed widely on India’s western coasts,
What is the issue?
- This mode of fishing is prohibited by Tamil Nadu, Kerala, Puducherry, Odisha, Dadra and Nagar Haveli and Daman and Diu Andaman and Nicobar Islands in their respective territorial waters of up to 12 nautical miles.
- However, states like Gujarat, Andhra Pradesh, Goa, Karnataka, and West Bengal have not imposed any such ban on purse seine fishing.
Why states are divided over this?
- In some States, it is linked to concerns about the decreasing stock of small, pelagic shoaling fish such as sardines, mackerel, anchovies and trevally on the western coasts.
- The scientific community argues that climatic conditions, including the El Nino phenomenon, are responsible for the declining catch of such fish in the last ten years.
- Fishermen using traditional methods have placed the blame squarely on the rise of purse seine fishing.
- They fear a further fall in the availability of these small fish if the ban is lifted.
How does the Centre see this plan?
- The Fisheries Department of the Union government has recommended the lifting of the ban on purse seine fishing.
- The expert panel has said that this mode of fishing has “per se has not resulted in any serious resource depletion so far, given the available evidence”.
- It recommended purse seiners to fish in territorial waters and the Indian Exclusive Indian Exclusive Economic Zone (EEZ) subject to certain conditions.
Way ahead
- There should be a national management plan on purse seine fisheries.
- Partial ban in some states may put fishermen at disadvantage in other states.
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Judicial Appointments Conundrum Post-NJAC Verdict

Appointment of Judges: A case of confrontation between the Centre and judiciary

op-ed snap | Polity | Mains Paper 2: Executive & Judiciary
Context
- Recently, there has been confrontation between the Centre and judiciary on the interpretation of Article 124 (2) and 217 (1) of the Constitution.
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Provisions related to the appointment of judges to the supreme court and high court
- Article 124 (2): It highlights that every judge of the Supreme Court will be appointed by the president after consultation with such of the judges (in particular, the chief justice) of the Supreme Court and of the high courts in the states as necessary.
- Article 217 (1): Similarly, for high courts, Article 217 (1) highlights that every judge of a high court will be appointed by the president after consultation with the Chief Justice of India, the governor of the state, and the chief justice of the high court.
- Judicial independence and Collegium system: Judicial interpretation in SP Gupta vs Union of India (1981), The Supreme Court Advocates-on Record Association vs Union of India (Second Judges case) (1993) and Article 143(1) vs Unknown (Third Judges Opinion) (1998) has further evolved the principle of judicial independence and led to a collegium system for recommending judges.
- Role of central government: Currently, the Centre can accept or reject recommendations made by the collegium system however, if a recommendation was reiterated, the government was obliged to accept it.
What the ongoing tussle is all about?
- More recently established consensus has given way to a stalemate, as the Centre stalls recommendations reiterated by the Collegium.
- The Supreme Court pulled up the government for not following timelines laid down in the Second Judges Case.
- The Standing Parliamentary Committee on Law and Personnel has also highlighted its disagreement with the Department of Justice that the time for filling vacancies cannot be indicated.
What will be the impact of this tussle?
- Decline in the capacity of India’s judicial system: The net effect of this historic tussle between the independent judiciary and overweening Centre has been a decline in the capacity of India’s judicial system
- Vacancies in higher judiciary: There were approximately three vacancies (of 34) in the Supreme Court, along with about 381 (of 1,108) vacancies for judges in the high courts.
- In lower judiciary: The lower judiciary had about 5,342 (of 24,631) seats vacant, accounting for 20 per cent of its capacity.
- Impact on judicial efficiency: Such vacancies, particularly in the high courts of Bombay, Punjab & Haryana, Calcutta, Patna and Rajasthan are bound to have an impact on judicial efficiency (with about four crore cases pending, as of August 2022)
A study: Process of appointment of judges in other countries and by political institutions
- In Italy: Here, appointments to the Constitutional Court are made by the president, the legislature and the Supreme Court, with each entity allowed to nominate five judges.
- In US: Supreme Court justices are nominated (for life) by the president and then approved by Senate via a majority vote. Whereas, the state governor appoints state judges based on recommendations provided by a merit commission.
- In Germany: The German Constitutional Court is appointed by the Parliament (each House gets four appointments in each of the Court Senates) with a supermajority vote (2/3). Naturally, this can lead to a partisan judiciary.
- In Iraq: All judges are graduates of a Judicial Institute, with all applicants undergoing written and oral tests, along with an interview with a panel of judges.
- In Japan: The Supreme Court Secretariat controls lower-level judicial appointments, along with their training and promotions.
- Judicial elections to enhance the accountability of judiciary: Judicial elections have also been utilised to enhance the accountability of the judiciary a variety of states in the US using elections for judicial appointments to the State Supreme Courts.
- Judicial councils: Other countries have experimented with judicial councils (often comprising of existing judges, representatives of the Ministry of Justice, members of the bar association, laymen etc)
Appointments through Judicial Commission
- Centres push Judicial Commission: for Recently, the Centre pushed for judicial appointments to be conducted via a Judicial Commission (National Judicial Appointments Commission Bill, 2014).
- Supreme court says collegium system open to greater transparency: The Supreme Court struck down the NJAC Act (2014) with a 4:1 majority, while highlighting that it was open to greater transparency in the collegium system in particular, making the collegium more transparent, fixing eligibility criteria for appointing judges and debating whether an empowered secretariat was required to appoint judges.
In this scenario what are suggested reforms?
- Empower secretariat to select and recommend candidates: The Collegium system can continue; however, a secretariat may be empowered to select and recommend candidates, with the Executive continuing to hold power to appoint judges.
- Greater representation of our society in the judiciary: The secretariat could be staffed with current judges, members of the bar association, representatives of the law ministry and laymen and should push for greater representation of our society in the judiciary. There were only three women and two SC judges in the Supreme Court.
- New Court of appeal: Beyond judicial appointments, there is a clear need for having a new Court of Appeal (refer PIL by V Vasanthakumar). The Supreme Court was never intended to be a regular court of appeal against orders in high courts (Bihar Legal Society vs Chief Justice of India, 1986) the Supreme Court should not be hearing bail applications.
- Federal court of Appeal: Instead, as recommended by the Law Commission, we need to have a Federal Court of Appeal, with branches in major metros.
- Transform Supreme court into constitutional court: The Supreme Court should be transformed into a Constitutional Court (via a constitutional amendment) doing this would mean fewer cases (about 50, anecdotally) being kept pending at the highest level.
- Defined retirement age for all judges: There need a push for a defined retirement age, say 65, for all judges, whether at a high court or Supreme Court level post retirement, there should also be a mandatory cooling off period for judges to be nominated to roles in government.
Conclusion
- Judicial independence continues to be important for the health of India’s democracy. A credible and impartial system of appointing judges is necessary to achieve judicial independence. Any appointment must ensure judicial accountability, fostering a judiciary which, at an individual and systemic level, is independent from other branches of government.
Mains Question

Q. What is the process of appointment of Supreme Court and High Court Judges? What is the Government’s position on the appointment of judges? What measures are suggested for judicial appointments?

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Divyang Friendly Physical and Digital Interface of buildings

op-ed snap | Governance | Mains Paper 2: Laws, Institutions & Bodies Constituted For The Vulnerable Sections
Context
- Among the various disadvantages we poorly equipped to support people with disabilities about access to parliament. It is time to make the physical and digital interface of parliament and other buildings more disabled-friendly.
What are the common suggestions about disabled friendly parliament?
- Accessibility Committee: To attend to the access needs of the disabled.
- Providing sign language: For interpretation for Parliamentary proceedings.
- Audit of website: Ordering an accessibility audit of Parliament’s websites.
What is the accessible India campaign?
- Disable friendly facilities: In December 2015, the Government of India launched the Accessible India Campaign (AIC) to make the built environment, ICT ecosystem and transport facilities more disabled-friendly.
- Lack of enforcement: A strong enforcement mechanism is unfortunately absent in the AIC, led by people with disabilities and accessibility professionals, to ensure that ambitious milestones are set and pursued to their meaningful conclusion.
Recommendations of report by the Vidhi Centre for Legal Policy
- Make every building accessible: A report by the Vidhi Centre for Legal Policy, titled “Beyond Reasonable Accommodation” points out, the requirement to make every new building accessible before it is granted an Occupancy Certificate.
- Integration of laws: The relevant provisions of the Harmonised Guidelines and Standards for Universal Accessibility in India, 2021 must be integrated into local bye-laws and state planning laws.
- Sensitivity about compliance: Municipal authorities must have the know-how and sensitivity to gauge compliance with the norms to make the built environment accessible and access to competent accessibility professionals who can provide appropriate inputs at every stage.
- Professions to enforce compliance: The list of empanelled professionals maintained by municipal authorities must also consist of accessibility professionals, and this requirement must be codified in model building bye-laws and the National Building Code.
What parliament can do?
- Accessibility committee: Parliament must set up an accessibility committee urgently that must be tasked with delivering recommendations in a time-bound fashion on making every aspect of the Parliamentary process more disabled-friendly.
- Taking cue from supreme court: The constitution of an Accessibility Committee by the Supreme Court recently may be a good reference point for Parliament.
What can centre and states do?
- Accessibility criteria in procurement: Central and state level procurement laws and policies must incorporate accessibility criteria in public procurement of physical, digital and transport infrastructure.
- Accessible tenders and documents: These must be replicated in agreements between procurement agencies and bidders/contractors. In addition, tender documents must set out applicable accessibility standards.
Conclusion
- Disable people suffers from structural disadvantage at every stage of governance including building infrastructure. Parliament should start from itself to give larger message of about sensitivity towards disabled friendly buildings.
Mains Question

Q. Explain the limitations of accessible India campaign? Suggest the way towards more disable friendly buildings in India.

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Foreign Policy Watch: India-China

Latest round of commander-level talks at Line of Actual control (LAC)

op-ed snap | Security Issues | Mains Paper 3: Border Area Security Challenges
Context
- A week after the clash in Tawang in Arunachal Pradesh, convening of the 17th round of India-China corps commander-level talks at the Chushul-Moldo border meeting point in eastern Ladakh is a positive development. But unfortunately, it does not inspire confidence about Chinese intentions vis a vis the Line of Actual Control.
Background
- Disengagement at Gogra Hot springs in last round of talks: The last round of talks was held in July, and in September, the government announced that the two sides had finished disengaging at Gogra Hot Springs, as had been agreed in the 16th round.
- Beijing reluctant for further rounds of talks: Beijing appeared reluctant to accede to Delhi’s push for another round,
- No return to the status quo: China signals that there is nothing more to discuss about the situation in eastern Ladakh, and certainly not a return to the status quo that existed before its incursions in April-May 2020.
What is outcome of the latest round of talks and the current status?
- No mutually acceptable resolution on remaining issues: A joint statement that the two sides agreed to keep talking through military and diplomatic channels toward a mutually acceptable resolution of the remaining issues at the earliest suggests that there was no outcome from this round. It is also not clear if the remaining issues have been agreed upon by both sides.
- India facing an altered status quo: Apart from the fact that India now faces an altered status quo and that the PLA is rapidly building war-like infrastructure on its side, for India, the remaining issues are the presence of Chinese troops in the Depsang plains, and intrusions in the Demchok area.
- Tensions seems manageable but situation is unpredictable: The sector-wise compartmentalisation makes the tensions seem manageable, but the reality appears to be that there is no predicting which part of the 3,500 km of the line will flare up suddenly, as it did recently.
- Situation is very serious: Minister of External Affairs S Jaishankar flagged the seriousness of the situation when he told Parliament that the Indian deployment at the LAC is at its highest level.
- Despite the advanced surveillance, no clarity on Army’s preparedness: From the short statement by Defence Minister Rajnath Singh, it is unclear how prepared the Army was for the transgression at Tawang, despite the advanced Intelligence Surveillance and Reconnaissance devices that have reportedly been installed in that area.
Why China has opened new front in Tawang?
- Status quo along the boundary not only limited to the Western Sector: China has traditionally been active in areas close to Ladakh given the significance of the Xinjiang-Tibet region in its domestic narrative. However, with its sights on an ageing Dalai Lama, and the issue of his succession, Beijing will want to bring into focus its claims on Tawang, and the rest of Arunachal Pradesh.
- Huge investment in infrastructure in eastern sector: China has invested in infrastructure in the Eastern Sector over many years. This includes rail, road, and air connectivity, better telecommunications, as well as improved capacity to station and supply troops and artillery.
- Centrality of the boundary issue in the India-China relationship: External Affairs Minister S Jaishankar has repeatedly asserted that it is no longer possible to separate the boundary question from the overall relationship and that peace and tranquillity on the LAC is the key to restoring relations. However, China is likely to keep up the pressure on the ground along the LAC, even as they continue to suggest that the two countries look beyond the differences, much like Chinese Foreign Minister Wang Yi’s comments during his March 2022 visit when he claimed that the two sides need to “inject more positive energy” into the relationship.
Way ahead
- Delhi should make a push for talks at the diplomatic level even as it ramps up military preparedness.
- Whatever the facts on the ground and regardless of how the tensions will unfold, the government would be well advised to take the Opposition parties into confidence at the earliest.
- A wide political consensus is what the country needs when confronted with tensions at the borders and it is the government’s task and responsibility to build it.
Conclusion
- Delhi should make a push for talks at the diplomatic level even as it ramps up military preparedness. Whatever the facts on the ground and regardless of how the tensions will unfold, the government should take the Opposition parties into confidence at the earliest. A wide political consensus is what the country needs when confronted with tensions at the borders
Mains Question

Q. China has opened new front in the eastern sector. Even after the commander level talks multiple times, frictions between the two continues at LAC. Discuss.

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