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  • Justice Lalit appointed 49th CJI

    Justice Uday Umesh Lalit was appointed the 49th Chief Justice of India (CJI) after President Droupadi Murmu signed his warrant of appointment.

    How is CJI selected?

    • Justice U.U. Lalit is the senior-most judge in the Supreme Court now.
    • The ‘Memorandum of Procedure of Appointment of Supreme Court Judges’ says “appointment to the office of the CJI should be of the seniormost Judge of the SC considered fit to hold the office”.
    • The process begins with the Union Law Minister seeking the recommendation of the outgoing CJI about the next appointment.

    What is the time frame?

    • The Minister has to seek the CJI’s recommendation at the “appropriate time”.
    • The Memorandum does NOT elaborate or specify a timeline.

    Making final appointment

    The Memorandum says:

    1. Receipt of the recommendation of the CJI
    2. The Union Minister of Law, Justice and Company Affairs will put up the recommendation to the PM
    3. PM will advise the President in the matter of appointment
    4. President of India appoints the CJI

    Chief Justice of India: A brief background

    • The CJI is the chief judge of the Supreme Court of India as well as the highest-ranking officer of the Indian federal judiciary.

    Appointment

    • The Constitution of India grants power to the President to nominate, and with the advice and consent of the Parliament, appoint a chief justice, who serves until they reach the age of 65 or until removed by impeachment.
    • Earlier, it was a convention to appoint seniormost judges.
    • However, this has been broken twice. In 1973, Justice A. N. Ray was appointed superseding 3 senior judges.
    • Also, in 1977 Justice Mirza Hameedullah Beg was appointed as the chief justice superseding Justice Hans Raj Khanna.

    Qualifications

    The Indian Constitution says in Article 124 (3) that in order to be appointed as a judge in the Supreme Court of India, the person has to fit in the following criteria:

    • He/She is a citizen of India and
    • has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or
    • has been for at least ten years an advocate of a High Court or of two or more such Courts in succession; or
    • is, in the opinion of the President, a distinguished jurist

    Functions

    • As head of the Supreme Court, the CJI is responsible for the allocation of cases and appointment of constitutional benches which deal with important matters of law.
    • In accordance with Article 145 of the Constitution and the Supreme Court Rules of Procedure of 1966, the chief justice allocates all work to the other judges.

    On the administrative side, the CJI carries out the following functions:

    • maintenance of the roster; appointment of court officials and general and miscellaneous matters relating to the supervision and functioning of the Supreme Court

    Removal

    • Article 124(4) of the Constitution lays down the procedure for removal of a judge of the Supreme Court which is applicable to chief justices as well.
    • Once appointed, the chief justice remains in the office until the age of 65 years. He can be removed only through a process of removal by Parliament as follows:
    • He/She can be removed by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present.
    • The voting has been presented to the President in the same session for such removal on the ground of proven misbehavior or incapacity.

     

     

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  • Open Network for Digital Commerce (ONDC)

    US firm Microsoft has become the first big tech company to join the Open Network for Digital Commerce (ONDC).

    What does Microsoft joining ONDC mean?

    • Microsoft getting on board the ONDC wagon means the project gets its first international marquee name ahead of its Bengaluru launch.
    • A number of participants are currently live on the ONDC network, offering a number of services in the e-commerce supply chain such as buying, selling and offering logistics services.

    Who else is on board

    • Among those that are live are Paytm, which has joined the platform as a buyer, and Reliance-backed Dunzo, which is offering logistics services for hyperlocal deliveries.
    • Companies like Kotak, PhonePe, Zoho and Snapdeal are in the “advanced stage of development”, according to the ONDC website.
    • Axis Bank, HDFC Bank and Airtel have already initiated integration with the network.
    • According to some media reports, e-commerce giants Flipkart and Amazon are also considering joining the network.

    What is ONDC?

    • ONDC seeks to promote open networks, which are developed using the open-source methodology.
    • The project is aimed at curbing “digital monopolies”.
    • This is a step in the direction of making e-commerce processes open-source, thus creating a platform that can be utilized by all online retailers.
    • They will encourage the usage of standardized open specifications and open network protocols, which are not dependent on any particular platform or customized one.

    What does one mean by ‘Open-sourcing’?

    • An open-source project means that anybody is free to use, study, modify and distribute the project for any purpose.
    • These permissions are enforced through an open-source licence easing adoption and facilitating collaboration.

    What processes are expecting to be open-sourced with this project?

    • Several operational aspects including onboarding of sellers, vendor discovery, price discovery and product cataloguing could be made open source on the lines of Unified Payments Interface (UPI).
    • If mandated, this could be problematic for larger e-commerce companies, which have proprietary processes and technology deployed for these segments of operations.

    What is the significance of making something open-source?

    • Making a software or a process open-source means that the code or the steps of that process is made available freely for others to use, redistribute and modify.
    • If the ONDC gets implemented and mandated, it would mean that all e-commerce companies will have to operate using the same processes.
    • This could give a huge booster shot to smaller online retailers and new entrants.

    What does the DPIIT intend from the project?

    • ONDC is expected to digitize the entire value chain, standardize operations, promote inclusion of suppliers, derive efficiencies in logistics and enhance value for stakeholders and consumers.

    Countering ‘Digital Monopoly’

    • Digital monopolies refer to a scenario wherein e-commerce giants or Big Tech companies tend to dominate and flout competition law pertaining to monopoly.
    • The Giants have built their own proprietary platforms for operations.
    • In March, India moved to shake up digital monopolies in the country’s $ 1+ trillion retail market by making public a draft of a code of conduct — Draft Ecommerce Policy, reported Bloomberg.
    • The government sought to help local start-ups and reduce the dominance of giants such as Amazon and Walmart-Flipkart.
    • The rules sought to define the cross-border flow of user data after taking into account complaints by small retailers.

    Processes in the ONDC

    • Sellers will be onboarded through open networks. Other open-source processes will include those such as vendor and price discovery; and product cataloging.
    • The format will be similar to the one which is used in the Unified Payments Interface (UPI).
    • Mega e-commerce companies have proprietary processes and technology for these operations.
    • Marketplaces such as Amazon, Flipkart, Zomato, BigBasket and Grofers will need to register on the ONDC platform to be created by DPIIT and QCI.
    • The task of implementing DPIIT’s ONDC project has been assigned to the Quality Council of India (QCI).

    Why such a move by the govt?

    • This COVID pandemic has made every business to go digital.
    • India is a country with 700 million internet users of whom large crunch of population are active buyers on e-coms.
    • There are 9 platforms in the world which are billion user platform and all are private. This is the monopoly which the govt aims to hit.
    • No country would ever want a few (foreign) companies to control their domestic e-commerce ecosystem.
    • Countries like US are struggling to control their monopoly over the e-commerce giants leaving no space for Indian legislations to control these overseas companies.
    • In India Amazon, Walmart, Uber are controlling larger crunch of share in the market leaving very less scope for domestic companies to cope up with.

    Scope for ONDCs success

    • Over last 50 years India is dealing with Big Tech companies with responsibility and pragmatic manner. Now it is also coming with new policies to control them.
    • The drafting panel has extraordinary persons like Mr. Nandan Nilekani and others who were in Aadhar, NPCI, MyGov, Retail industry and these make it inclusive and innovative.
    • India has successfully executed various public digital platforms like JAM Trinity, Aadhar linked projects. India for sure can handle its digital ecosystem better in e-coms too.
    • Open-sourcing will benefit society at large as did the UPI.

    Issues that can be raised

    • Draft E-Commerce policy can raise resistance from companies like Amazon, Flipkart, Walmart etc.
    • They may raise hues over operability and ease of doing business.
    • MSMEs have already raised the growing compliance burden for e-commerce.
    • They have argued that the govt is technologically and digitally motivating everybody to get online and on the other hand it is culling their very ability to reach out to the consumer to get more people on board.

    Possible issues with ONDC

    • Every platform has its own challenges so would the ONDC may have.
    • While UPI was ruled out (BHIM being the first) people were reluctant in using it due to transaction failures.
    • With subsequent improvements and openness people and businesses are using it in every walks of life. So it would work with ONDC.

    Conclusion

    • Once adopted, ONDC will make sure consumer and seller interest will be protected as the UPI did.
    • Best is yet to come and we are in 4th industrial revolution where the Govt should strengthen itself accordingly and make businesses inclusive and restrict the monopolies.

     

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  • Medical education in India

    Context

    • The increasing population (1.32 billion ) and the occurrence of diseases, demands Indian medical education and the training approach to be modified and ensure enhancing practical clinical skills, than just sticking with predominantly theoretical or classroom training.
    • The demand for medicine to be taught in language beside English has been made repeatedly over the years, and was reiterated by union home minister recently.

    Definition

    • Medical education consists of training aimed at ensuring physicians acquire the competencies, skills and aptitudes that that allow them to practice professionally and ethically at the highest level.

    Goal of medical education

    • The goal of basic medical education is to ensure that medical students have acquired the knowledge, skills, and professional behaviors that prepare them for a spectrum of career choices, including, but not limited to, patient care, public health, clinical or basic research, leadership and management, or medical education.

    Why medical education in India needs urgent reforms

    • Current Status: Despite being home to one of the oldest medicinal systems in the world, India is still struggling to bring its medical education at par with the leaders around the world. The 541 medical colleges in the country haven’t been able to reach the standard of education that could meet the healthcare needs of the country.
    • Deficiency: The doctor-patient ratio of 1:1655 in India as against WHO norm of 1:1000 clearly shows the deficit of MBBS. While the government is working towards a solution and targeting to reach the required ratio, there is a need to relook at the overall medical education.
    • Post pandemic scenario: The lag in formal medical education has come up evidently post-pandemic when the nation saw the medical fraternity struggling to fill the doctor deficit.
    • Structural issues: It also brought forth the outdated learning methods that most of the medical institutes were using. Due to lockdown and fear of Covid-19 spread, a lot of institutes cancelled lectures and practical sessions.

    Current challenges faced by medical education in India

    • Limited government seats: The number of seats available for medical education in India is far less than the number of aspirants who leave school with the dream of becoming doctors.
    • What data speaks: Of the 1.6 million students who appeared in the National Eligibility cum Entrance Test (NEET) in 2021, only 88,120 made it into the 562 medical colleges in the country. Others had to enrol in non-medical courses in India or seek admission to foreign medical colleges. While the number of medical colleges has now increased to 596 (with 89,875 seats), the entry barrier is still high.
    • Lack of skills: Though the institutes are managing to hire professors and lecturers, there is a lack of technical skills. Finding faculties in clinical and non-clinical disciplines is difficult and there are very few faculty development programs for upskilling the existing lot.
    • Lack of infrastructure: The gap in digital learning infrastructure is currently the biggest challenge the sector is facing. There is an urgent need to adopt technology and have resources available to facilitate e-learning.
    • Lack of research and innovation: The medical research and innovation needs an added push as there haven’t been many ground-breaking research here. The education system needs to focus more on increasing the quality of research. Additionally since industry academia partnership is not available, hence innovation also takes a back-seat.

    A recent analysis estimates that India has only 4.8 fully qualified and actively serving doctors per 10,000 population.

    Government steps in tackling these challenges and issues

    • NMC bill: The National Medical Commission Bill, 2019 was passed recently by the parliament. The bill sets up the National Medical Commission (NMC) which will act as an umbrella regulatory body in the medical education system. The NMC will subsume the MCI and will regulate medical education and practice in India. Apart from this, it also provides for reforms in the medical education system.
    • MCI suggestion: The Medical Council of India (MCI) launched the globally recognized Competency-based medical education (CBME) for MBBS students in 2019. The CBME curriculum seeks to step away from a content-based syllabus and more towards one that is more practical and aligned with the country’s increasing health demands.
    • Schemes: 22 new All India Institutes of Medical Sciences (AIIMS) were developed under this initiative, and MBBS classes have already commenced at 18 of the new AIIMS.

    About NMC

    The Aim of the National Medical Commission are to (i) improve access to quality and affordable medical education, (ii) ensure availability of adequate and high quality medical professionals in all parts of the country; (iii) promote equitable and universal healthcare that encourages community health perspective and makes services of medical professionals accessible to all the citizens; (iv) encourages medical professionals to adopt latest medical research in their work and to contribute to research; (v) objectively assess medical institutions  periodically in a transparent manner; (vi) maintain a medical register for India; (vi) enforce high ethical standards in all aspects of medical services; (vii) have an effective grievance redressal mechanism.

    Steps to be taken 

    • To cater to any unprecedented demand in the future and to bring up the quality of education, the Indian medical education system undoubtedly needs major reforms.
    • While the focus needs to be put on improving the curriculum to bring competency-based education, there are several ways that can help bring reform in the current medical education system. Some of these are;
    1. Leveraging technology to offer digital learning solutions
    2. Capitalizing on e-learning and facilitating infrastructure to support it
    3. Revising curriculum to have more practical training, competency-based skill development
    4. Inculcating problem-solving approach by situational/case-based examination
    5. A broad-based faculty development program to sharpen the competency of teachers
    6. Eliminating caste-based reservation and paving way for merit-based admission
    7. Industry academia collaboration to facilitate innovation

    Way forward

    • There should be a substantial step-up in public investment in medical education.
    • By establishing new medical colleges, the government can increase student intake as well as enhance equitable access to medical education.
    • Besides, it must allocate adequate financial resources to strengthen the overall capacity of existing medical colleges to enrich student learning and improve output.

    Try this question for mains

    Q. Considering the large diaspora of medical students across the globe do you consider there are problems in Indian medical education system? If there are any ,discuss them along with current health status and steps needed to counter them .

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  • 17th August 2022 | Prelims Daily with Previous Year Questions

    17th August 2022 | Prelims Daily with Previous Year Questions

    [WpProQuiz 1088]

    [WpProQuiz_toplist 1088]

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  • 16th August 2022 | Prelims Daily with Previous Year Questions

    16th August 2022 | Prelims Daily with Previous Year Questions

    [WpProQuiz 1087]

    [WpProQuiz_toplist 1087]

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  • 13th August 2022 | Prelims Daily with Previous Year Questions

    13th August 2022 | Prelims Daily with Previous Year Questions

    [WpProQuiz 1086]

    [WpProQuiz_toplist 1086]

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  • 12th August 2022 | Prelims Daily with Previous Year Questions

    12th August 2022 | Prelims Daily with Previous Year Questions

    [WpProQuiz 1085]

    [WpProQuiz_toplist 1085]

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  • 11th August 2022 | Prelims Daily with Previous Year Questions

    11th August 2022 | Prelims Daily with Previous Year Questions

    [WpProQuiz 1084]

    [WpProQuiz_toplist 1084]

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  • Development vs sustainability

    Context

    • According to NITI Aayog, “600 million people in India face high to extreme water stress with nearly 70% of water being contaminated; India is placed at 120th amongst 122 countries in the water quality index”.
    • The latest global environmental ranking by Yale and Columbia Universities puts India at the bottom among 180 countries.

    What is development?

    • Economic development means different things to different people. On a broad scale, anything a community does to foster and create a healthy economy can fall under the auspice of economic development.

    What is sustainability?

    • The integration of environmental health, social equity and economic vitality in order to create thriving, healthy, diverse and resilient communities for this generation and generations to come. The practice of sustainability recognizes how these issues are interconnected and requires a systems approach and an acknowledgement of complexity.
    • Sustainability is the balance between the environment, equity, and economy.

    What sustainability do for us?

    • Sustainable practices support ecological, human, and economic health and vitality.
    • Sustainability presumes that resources are finite, and should be used conservatively and wisely with a view to long-term priorities and consequences of the ways in which resources are used.
    • In simplest terms, sustainability is about our children and our grandchildren, and the world we will leave them.

    Definition of carrying capacity of earth

    • Carrying capacity: Carrying capacity is the maximum number of a species an environment can support indefinitely. Every species has a carrying capacity, even humans. The species population size is limited by environmental factors like adequate food, shelter, water, and mates. If these needs are not met, the population will decrease until the resource rebounds.

    Mother earth has reached its carrying capacity now

    • No species has altered the Earth’s natural landscape the way humans have.
    • Global climate change, mass extinction, and overexploitation of our global commons are all examples of the ways in which humans have altered the natural landscape.
    • Our growing population, coupled with rising affluence and per capita impact, is driving our planet closer to its tipping point.
    • With population expected to reach 5 billion by 2050, many wonder if our natural resources can keep up with our growing demands.

    Enrich your mains answer with this

    8 Billion dreams, ambitions, aspirations and only one earth to support them all . Human population, now nearing 8 billion, cannot continue to grow indefinitely. There are limits to the life-sustaining resources earth can provide us. In other words, there is a carrying capacity for human life on our planet.

    Development vs environment issues

    • Unemployment: For India, the national context is shaped by high youth unemployment, millions more entering the workforce each year, and a country hungry for substantial investments in hard infrastructure to industrialise and urbanise.
    • Growth with low emission footprint: India’s economic growth in the last three decades, led by growth in the services sector, has come at a significantly lower emissions footprint.
    • Infrastructure: But in the coming decades, India will have to move to an investment-led and manufacturing-intensive growth model to create job opportunities and create entirely new cities and infrastructure to accommodate and connect an increasingly urban population.

    Why a Carbon Fee and Dividend is Imperative

    It is clear that we will soon pass the limit on carbon emissions, because it requires decades to replace fossil fuel energy infrastructure with carbon-neutral and carbon negative energies.

    What could India do to pursue an industrialization pathway that is climate-compatible?

    • A coherent national transition strategy is important in a global context where industrialised countries are discussing the imposition of carbon border taxes while failing to provide developing countries the necessary carbon space to grow or the finance and technological assistance necessary to decarbonise.
    • What India needs is an overarching green industrialisation strategy that combines laws, policy instruments, and new or reformed implementing institutions to steer its decentralised economic activities to become climate-friendly and resilient.
    Case study for value addition

    • Bhutan: Bhutan remains, for example, the first and only carbon-negative country in the world, and they have also recently prevented the COVID-19 pandemic from overwhelming its population, with only one Bhutanese citizen  passing away from the virus to date.

     

     

    Way forward

    • India should set its pace based on its ability to capitalise on the opportunities to create wealth through green industrialisation.

    Mains question

    Do you think mother earth has reached its carrying capacity? Discuss this in context of development vs environment debate.

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  • The Portuguese Civil Code of 1867 is a colonial burden on Goa

    Context

    The Portuguese Civil Code of 1867, the so-called “common civil code” of Goa, is in the news again. A 28-member parliamentary standing committee recently visited the state to study it in the context of the demand for a uniform civil code.

    Background

    • Long before the arrival of the British imperialists in India, the Portuguese had occupied certain territories in the coastal regions with its capital in Cochin, later shifted to Goa.
    • They did not interfere with the local customs relating to family relations and framed, in the mid-19th century, three separate codes of religion-based customary laws of Goa, Daman and Diu.
    • The three codes were formally enforced as the law by royal decrees issued by the King of Portugal.
    • The Portuguese Civil Code of 1867 was extended to Goa, Daman and Diu by a royal decree of November 18, 1869, declaring that the code would apply to the natives subject to the local usages and customs “so far as they are not inconsistent with morality or public order”.
    •  In 1910, the Portuguese parliament enacted two civil marriage and divorce decrees and, in 1946, a canonical marriage decree for Catholics.
    • All of these too were extended to Goa, Daman and Diu.
    • The family law applied by the Portuguese, both at home and in the occupied Indian territories, was thus not a uniform code but a loose conglomeration of civil and religious laws.

    After Indian independence

    • Fourteen years after the advent of Independence, Goa and its affiliated territories were liberated and turned into a Union Territory (UT) under central rule.
    •  The Goa, Daman and Diu Administration Act of 1962 declared that all laws in force in these territories before their liberation would continue to be in force “until amended or repealed by a competent legislature or other competent authority” (Section 5).
    • None of the pre-liberation family laws was, however, amended or repealed.
    • Nor was any central law on family rights, including the four Hindu law Acts of 1955-56, extended to any of the three territories.
    • In 1987, the Goa, Daman and Diu Reorganisation Act made Goa a full-fledged state with its own legislative assembly and left Daman and Diu as a UT.
    • Twenty-five years later, the Goa state legislature enacted the Succession, Special Notaries and Inventory Proceedings Act, amending certain provisions, mainly procedural, of the 155-year old civil code.
    • In 2019, the UT of Daman and Diu was merged with another such territory – Dadra and Nagar Haveli (also ruled in the past by Portugal) — to form a single UT under central rule.
    • As laid down in Section 17 of the unifying Act, this development did not in any way change the family law system prevailing in either of these places since their liberation from foreign rule.

    Need for uniform civil code

    • The law ministry has told the concerned standing committee of Parliament that the Portuguese civil code and its later amendments as in force in Goa may — if required — be duly reviewed.
    • Uniform civil code: What has been said now by the law ministry about Goa is in the context of implementing the constitutional directive of Article 44 for a uniform civil code for the citizens throughout the territory of India.
    • However, while the 21st Law Commission had already given its opinion against the feasibility and need of such a code at this juncture
    • In recent months, the ministry has told Parliament about its reference on this issue to the Law Commission.
    • There is no justification for retaining over a century-old archaic law, 75 years after the independence of India.
    • Hindu law Acts of 1955-56 governing four religious communities in the rest of the country needs to be extended to the same communities in Goa, Daman and Diu.

    Conclusion

    The ministry has now reportedly told the parliamentary committee that enacting a uniform civil code would be possible only when a “sizeable majority” of the people seeks such a change.

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