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  • Shift in the US trade politics and opportunities for India

    The article focuses on the changes in the US trade politics fueled by the corona pandemic. Also there has been a growing demand for abandoning the WTO. So, amid this shift in the US politics, what are the opportunities for India at the global level?

    What went wrong with the WTO: The US point of view

    • Latest opposition to the WTO was expressed in a forceful article by a US senator, Josh Hawley.
    • In his opinion, corona pandemic expresses the hard truth about the modern global economy: it weakens American workers and empowers China’s rise.
    • So, what went wrong?
    • Capital and goods moved across borders easier than before but so did jobs. And too many jobs left America’s borders for elsewhere.
    • As factories closed, workers suffered, from small towns to the urban core.
    • So, he wants US to abandon the WTO.

    Rise of trade politics in the US

    • Under Trump, the Republican Party has turned from the champion to a critic of free trade.
    • The Democratic Party, which embraced globalisation since the early 1990s, has seen the erosion of working-class support.
    • Elections this year could reveal if the shifting alignments on trade are now cast in stone or if anti-trade sentiment in America is deep and wide.

    What alternatives are suggested by the senator?

    • In replacing the WTO, Hawley suggests the following two measures-
    • 1) The United States must seek new arrangements and new rules, in concert with other free nations, to restore America’s economic sovereignty.
    • 2) This, in turn, involves building a new network of trusted friends and partners to resist Chinese economic imperialism.

    How this matters for India?

    • India will have to take a fresh look at the global economy battered by the coronavirus.
    • India should pay close attention to Hawley’s theme on working with “trusted friends and partners” to restructure international trade.
    • Hawley is not alone in articulating this view.
    • Reuters reported from Washington that the Trump Administration is “turbocharging” an initiative to rearrange the global supply chains currently centered on China.
    • This rearrangement of the global supply chain offers an opportunity for India to lead the future global supply chains.

    Consider the question, “Critically analyse the opportunities presented to India by the changes in trade politics in the US”.

    Conclusion

    Hobbled as it was by shaky political coalitions and preoccupied by multiple domestic challenges, India in the mid-1990s struggled to cope with the profound changes in the global economic order. As the world trade system arrives at a contingent moment a quarter of a century later, India is hopefully better prepared.

  • What is the Sample Registration System (SRS)?

    The Registrar General of India released its Sample Registration System (SRS) bulletin based on data collected for 2018.

    Since we are talking about birth rates and death rates, how about revising Demographic Transition Model. Can you recall 4 distinctive stages of Indian Demographic history?

    Sample Registration System (SRS)

    • The SRS is a demographic survey for providing reliable annual estimates of infant mortality rate, birth rate, death rate and other fertility and mortality indicators at the national and sub-national levels.
    • Initiated on a pilot basis by the Registrar General of India in a few states in 1964-65, it became fully operational during 1969-70.
    • The field investigation consists of a continuous enumeration of births and deaths in selected sample units by resident part-time enumerators, generally Anganwadi workers and teachers; and an independent retrospective survey every six months by SRS supervisors.
    • The data obtained by these two independent functionaries are matched.

    Highlights of the data

    Birth and death rates

    • According to the data released the national birth rate in 2018 stood at 20, and death and infant mortality rates stood at 6.2 and 32, respectively.
    • The rates are calculated per one thousand of the population.
    • Madhya Pradesh has the worst infant mortality rate in the country while Nagaland has the best.
    • Chhattisgarh has the highest death rate, while Delhi has the lowest.
    • Bihar continues to remain at the top of the list in the birth rate while Andaman and Nicobar are at the bottom.

    Infant mortality

    • The data shows that against the national infant mortality rate (IMR) of 32, Madhya Pradesh has an IMR of 48 and Nagaland 4.
    • Bihar has the highest birth rate at 26.2 and Andaman and Nicobar Islands has a birth rate of 11.2.
    • Chhattisgarh has the highest death rate at 8 and Delhi, an almost entirely urban state, has a rate of 3.3, indicating better healthcare facilities.
    • As far as IMR is concerned, the present figure of 32 is about one-fourth as compared to 1971 (129).
    • In the last 10 years, IMR has witnessed a decline of about 35 per cent in rural areas and about 32 per cent in urban areas. T

    Birth rate

    • The birth rate is a crude measure of fertility of a population and a crucial determinant of population growth.
    • India’s birth rate has declined drastically over the last four decades from 36.9 in 1971 to 20.0 in 2018.
    • The rural-urban differential has also narrowed. However, the birth rate has continued to be higher in rural areas compared to urban areas in the last four decades.
    • There has been about an 11 per cent decline in the birth rate in the last decade, from 22.5 in 2009 to 20.0 in 2018. The corresponding decline in rural areas is 24.1 to 21.6, and in urban areas, it is 18.3 to 16.7.

  • Pokhran-II nuclear tests

    Yesterday, May 11 was celebrated as the National Technology Day. It marks the day on which India successfully test-fired its first nuclear bombs in 1998.

    Practice question for mains

    Q. India’s nuclear policy of ‘No First Use’ needs a revamp. Examine.

    India and nuclear weapons

    • India is currently among eight countries in the world that have a publicly known nuclear weapons program.
    • At the time of our independence, leaders were opposed to fully embracing nuclear weapons.
    • Just two years before in 1945, the world had witnessed the horrific nuclear bombings of Hiroshima and Nagasaki.
    • Mahatma Gandhi called the use of nuclear weapons morally unacceptable.

    Why India did equip itself with nuclear arms?

    • Then PM Jawaharlal Nehru was sceptical but kept the door open for future consideration.
    • This future beckoned early, as India’s defeat in the 1962 Sino-Indian War gave rise to legitimate fears about national security.
    • Then in 1974, India conducted its first nuclear test, codenamed “Smiling Buddha”, at Pokhran in Rajasthan.
    • Then-Prime Minister Indira Gandhi called the test a peaceful nuclear explosion.
    • India demonstrated to the world that the country could defend itself in an extreme situation and chose not to immediately weaponize the nuclear device it tested at Pokhran.

     The Pokhran II tests

    • India’s fence-sitting finally ended when it detonated another device in 1998, again at Pokhran.
    • Assigned the code name Operation Shakti, the mission was initiated on May 11, 1998.
    • The tests consisted of 5 detonations, the first being a fusion bomb while the remaining four were fission bombs.
    • One fusion and two fission bombs were tested on May 11, and two more fission bombs on May 13.
    • With the tests, India achieved its objective of building fission and thermonuclear weapons with yields up to 200 kilotons.

    Aftermath

    • After Pokhran-II, Vajpayee had declared India a nuclear state — then the sixth country in the world to join this league.
    • Unlike in 1974, India had this time chosen to actively develop its nuclear capabilities, and the tests followed economic sanctions by the United States and Japan. The sanctions were later lifted.

    Back2Basics: India’s nuclear programme

    • India started its own nuclear programme in 1944 when Homi Jehangir Bhabha founded the Tata Institute of Fundamental Research.
    • Physicist Raja Ramanna played an essential role in nuclear weapons technology research; he expanded and supervised scientific research on nuclear weapons and was the first directing officer of the small team of scientists that supervised and carried out the test.
    • After independence, PM Nehru authorised the development of a nuclear programme headed by Homi Bhabha.
    • The Atomic Energy Act of 1948 focused on peaceful development.
    • India was heavily involved in the development of the Nuclear Non-Proliferation Treaty but ultimately opted not to sign it.
    • In 1954, two important infrastructure projects were commissioned. The first established Trombay Atomic Energy Establishment at Mumbai (Bombay). The other created a governmental secretariat, Department of Atomic Energy (DAE), of which Bhabha was the first secretary.

    Nuclear Suppliers Group (NSG)

    • The NSG is a multilateral export control regime and a group of nuclear supplier countries that seek to prevent nuclear proliferation by controlling the export of materials, equipment and technology that can be used to manufacture nuclear weapons.
    • The NSG was founded in response to the Indian nuclear test in May 1974 and first met in November 1975.
    • It was solely aimed to deny advanced technology, and isolate and contain India.

  • Toda Embroidery of the Nilgiris

    Many women and indigenous Toda artisans from the Nilgiris are producing thousands of stylish, embroidered masks for local residents, police, and sanitary workers.

    Recently, the Assamese Gamosa was in new. Now the Pukhoor Embroidery has made it into the list. Keep a note of all such handicrafts. We can expect a match the pair based prelim question.

    Toda Embroidery

    • The Toda Embroidery, also locally known as “pukhoor” is an artwork among the Toda pastoral people of Nilgiris, in Tamil Nadu, made exclusively by their women.
    • The embroidery, which has a fine finish, appears like a woven cloth but is made with the use of red and black threads with a white cotton cloth background.
    • Both sides of the embroidered fabric are usable and the Toda people are proud of this heritage.
    • This handicraft product is listed as a geographically tagged product and is protected under the Geographical Indications of Goods (Registration & Protection) Act (GI Act) 1999.

    Related facts

    • The local terms used to describe the embroidery work are ‘kuty’ or ‘awtty’ meaning “stitching” and ‘kutyvoy’ meaning the embroidered piece.
    • The materials used in this work are roughly woven white cloth, woollen black and red threads with use occasionally of blue threads and manufactured needles.
    • The designs developed relate to nature and the daily cycle of life.
    • The patterns used in Toda embroidery do not cover many floral motifs but generally cover celestial bodies (like Sun and Moon), reptiles, animals, and horns of buffaloes, made in crimson and black colours.
    • Rabbit ears are a constant depiction on the boundary of the embroidered cloth. Another common design in the form of black triangles in a box design is done in honour of their first priest.
    • Women who do embroidery consider their work as a “tribute to Nature”.
    • As a traditional garment, it is worn by both men and women at all ceremonial occasions and also at funerals. Elderly people of the community wear this cloth daily.

  • Person in news: Gopal Krishna Gokhale

    The Prime Minister has paid tributes to Gopal Krishna Gokhale on his birth anniversary.

    These days, personality-based prelims questions are quite prevalent.

    Q.) He wrote biographies of Mazzini, Garibaldi, Shivaji and Shri Krishna; stayed in America for some time; and was also elected to the Central Assembly. He was – (CSP 2018)

    a) Aurobindo Ghosh

    b) Bipin Chandra Pal

    c) Lala Lajpat Rai

    d) Motilal Nehru

    Gopal Krishna Gokhale (1866-1915)

    • Gokhale was a liberal political leader and a social reformer during the Freedom Movement.
    • Gokhale was a senior leader of the Indian National Congress (INC) and the founder of the Servants of India Society.
    • Through the Society as well as the Congress and other legislative bodies he served in, Gokhale campaigned for Indian self-rule and for social reforms.

    Gokhale and INC

    • Gokhale became a member of the INC in 1889, as a protégé of social reformer MG Ranade.
    • He was the leader of the moderate faction of the Congress party that advocated reforms by working with existing government institutions.

    Quest for political reforms

    • Gokhale’s mentor, justice M.G. Ranade started the Sarvajanik Sabha Journal.
    • Gokhale’s deposition before the Welby Commission on the financial condition of India won him accolades.
    • He played a leading role in bringing about Morley-Minto Reforms (1909), the beginning of constitutional reforms in India.

    Servants of India Society

    • In 1905, when Gokhale was elected president of the INC and was at the height of his political power, he founded the Servants of India Society.
    • It aimed to specifically further one of the causes dearests to his heart: the expansion of Indian education.
    • The Society took up the cause of promoting Indian education in earnest, and among its many projects organised mobile libraries, founded schools, and provided night classes for factory workers.

    Involvement in the government

    • In 1899, Gokhale was elected to the Bombay Legislative Council.
    • He was also elected to the Imperial Council of the Governor-General of India as a non-officiating member representing Bombay Province.

    Mentor to Gandhi

    • Gokhale was famously a mentor to Mahatma Gandhi in the latter’s formative years.
    • In 1912, Gokhale visited South Africa at Gandhi’s invitation.
    • As a young barrister, Gandhi returned from his struggles and received personal guidance from Gokhale, including a knowledge and understanding of India and the issues confronting common Indians.
    • By 1931, Gandhi emerged as the leader of the Indian Independence Movement. In his autobiography, Gandhi calls Gokhale his mentor and guide.

    His literary works

    • In 1908, Gokhale founded the Ranade Institute of Economics.
    • He started the English weekly newspaper, The Hitavad (The people’s paper).
    • He also published a daily newspaper titled Jnanaprakash, which allowed him to voice his reformist views on politics and society.

    With inputs from https://en.wikipedia.org/wiki/Gopal_Krishna_Gokhale

  • [pib] Atal Pension Yojana:  Marking 5 Years of Implementation

    The flagship social security scheme ‘Atal Pension Yojana’ (APY) has completed five years of successful implementation.

    Five years of successfull implemention of APY is a significant feat. A statement based prelims question on terms of enrolment of the APY can be asked.

    Atal Pension Yojana

    • APY is a government-backed pension scheme, primarily targeted at the unorganised sector.
    • It is a social security scheme launched by the government on 9th May 2015 to provide a defined pension between Rs 1,000 to Rs 5,000.
    • It aims of delivering old age income security particularly to the workers in the unorganised sector with a guarantee of minimum pension after 60 years of age.

    Terms of enrolment

    • APY can be subscribed by any Indian citizen in the age group of 18-40 years having a bank account and its uniqueness is attributable to three distinctive benefits.
    • First, it provides a minimum guaranteed pension ranging from Rs 1000 to Rs 5000 on attaining 60 years of age,
    • Secondly, the amount of pension is guaranteed for a lifetime to spouse on death of the subscriber.
    • And lastly, in the event of the death of both the subscriber and the spouse, entire pension corpus is paid to the nominee.

    Success of the scheme

    • The scheme has now 2.23 crores enrolment.
    • Apart from remarkable enrolments, the scheme has been implemented comprehensively across the country covering all states and UTs with male to a female subscription ratio of 57:43.

    About PFRDA

    • Pension Fund Regulatory and Development Authority (PFRDA) is the statutory authority established by an enactment of the Parliament.
    • It aims to regulate, promote and ensure orderly growth of the National Pension System (NPS) and pension schemes to which this Act applies.
    • NPS was initially notified for central government employees recruits w.e.f. 1st Jan 2004 and subsequently adopted by almost all State Governments for its employees.
    • NPS was extended to all Indian citizens (resident/non-resident/overseas) on a voluntary basis and to corporates for its employees.

  • [pib] BiPAP Non-Invasive Ventilator “SwasthVayu”

    National Aerospace Laboratories (NAL) Bangalore, a constituent of the lab of CSIR has developed a Non-Invasive BiPAP Ventilator ‘SwasthVayu ’in a record time of 36 days to treat COVID-19 patients.

    The name ‘SwasthVayu’ can be tricky to guess, specially after some days. In prelims, UPSC may throw some options related to air pollution.

    SwasthVayu

    • A ventilator is a machine that provides mechanical ventilation by moving breathable air into and out of the lungs, to deliver breaths to a patient who is physically unable to breathe, or breathing insufficiently.
    • BiPAP (Bilevel Positive Airway Pressure) Non-Invasive ventilator is a microcontroller-based precise closed-loop adaptive control system.
    • It is a built-in biocompatible “3D printed manifold & coupler” with HEPA filter (Highly Efficient Particulate Air Filter).

    Benefits of SwasthVayu

    • The major advantage of this machine is that it is simple to use without any specialized nursing, cost-effective, compact and configured with the majority of indigenous components.
    • This is ideal for treating COVID -19 patients in Wards, Makeshift Hospitals, dispensaries and home in current Indian COVID 19 scenario.

  • [Burning Issue] Judiciary in Times of COVID-19 Outbreak

     

    During the Second World War, when the Luftwaffe (German air force) was wreaking havoc over London with its incessant bombing attacks, the British Prime Minister Winston Churchill took cognizance of the heavy casualties and economic devastation. While he was briefed on the casualties and economic collapse, he asked, “Are the courts functioning?” When told that the judges were dispensing justice as normal, Churchill replied, “Thank God. If the courts are working, nothing can go wrong.”

     

     

    Context

    • Covid-19 has brought almost the entire world to a near-standstill, and India’s justice delivery system — rarely known for its speed even in the best of times — is no different.
    • Official data shows that while the institution of new cases, both in the higher judiciary and subordinate judiciary, has come down since the beginning of the nationwide lockdown on 25 March, the disposal rate has also been severely affected due to the forced closure of courts.
    • The judiciary has come under immense pressure to innovate during this pandemic so as to balance public health concerns with access to justice.

    Background

    • Our Judicial system has been the nation’s moral conscience, speaking truth to political power, upholding the rights of citizens, mediating Centre-state conflicts, providing justice to the rich and poor alike, and on several momentous occasions, saving democracy itself.
    • Despite its achievements, a gap between the ideal and reality has been becoming clear over the years.
    • The justice del­ivery is slow, the appointment of judges is mired in controversy, disciplinary mechanisms scarcely work, hierarchy rather than merit is preferred, women are severely under-represented, and constitutional matters often languish in the Supreme Court for years.
    • As Justice Chelameswar said in his dissent in the NJAC judgment, the courts must reform, so that they can preserve.

    Inherent Issues with Indian Judiciary

    The Constitution of India, through its Preamble, has guaranteed to its citizens ‘Justice’—economic, political and social. But even after 70 years of independence, achieving substantive justice for the vast majority of the citizens has remained a distant dream. In the specific area of justice delivery system, India is faced with several problems relating to large backlogs and pendency of cases.

    Despite the independence of the judiciary from the executive and legislative bodies, the Indian judicial system faces a lot of problems. The major issues that the system faces are:

    • The pendency of cases.
    • Corruption.
    • Lack of transparency (particularly in the appointment of judges).
    • Under trials of the accused.
    • Lack of information and interaction among people and courts.

    1) Pendency of cases

    • India’s legal system has the largest backlog of pending cases in the world – as many as 30 million pending cases. Of them, over four million are High Court cases, 65,000 Supreme Court cases.
    • This number is continuously increasing and this itself shows the inadequacy of the legal system.
    • And also due to this backlog, most of the prisoners in India’s prisons are detainees awaiting trial.
    • It is also reported that in Mumbai, India’s financial hub, the courts are burdened with age-old land disputes, which act as a hurdle in the city’s industrial development.

    What led to the under-performance of Indian Judiciary?

    The issue of heavy arrears pending in the various courts of the country has been a matter of concern since the time of independence. The primary factors contributing to docket explosion and arrears as highlighted by Justice Malimath Committee report are as follows:

    • Population explosion
    • Litigation explosion
    • Hasty and imperfect drafting of legislation
    • Plurality and accumulation of appeals (Multiple appeals for the same issue)
    • Inadequacy of judge strength
    • Failure to provide adequate forums of appeal against quasi-judicial orders
    • Lack of priority for disposal of old cases (due to the improper constitution of benches)

    2) Corruption in judiciary

    • Like any other institution of the Government, the Indian judicial system is also allegedly corrupt.
    • There is no system of accountability. The media also do not give a clear picture on account of the fear of contempt.

    3) Lack of transparency

    • Another problem facing the Indian judicial system is the lack of transparency. It is seen that the Right to Information (RTI) Act is totally out of the ambit of the legal system.
    • Thus, in the functioning of the judiciary, the substantial issues like the quality of justice and accountability are not known properly.
    • In the recent past, there have been many debates regarding the Collegium system and the new system that the government wanted to introduce for the appointment of judges, the NJAC.

    4) Hardships of the undertrials

    • Right to a speedy trial is an integral part of the principles of fair trial and is fundamental to the international human rights discourse.
    • In Indian jails, most of the prisoners are undertrials, which are confined to the jails until their case comes to a definite conclusion.
    • In most of the cases, they end up spending more time in the jail than the actual term that might have had been awarded to them had the case been decided on a time and, assuming, against them.
    • Plus, the expenses and pain and agony of defending themselves in courts is worse than serving the actual sentence. Undertrials are not guilty till convicted.

    5) No interaction with society

    • It is very essential that the judiciary of any country should be an integral part of the society and its interactions with society must be made regular and relevant.
    • Lack of faith in a fair and swift judicial system creates a low-trust society.
    • The rule of law and trust are central to enable people in large societies, who do not personally know each other, to live together peacefully and collaborate.

    Impact of Coronavirus

     

    1) Decline in cases

    Don’t go by the number of reduced cases … just imagine the scale of burden on Indian Judiciary due to reduced disposal rate!

    • With only limited benches presiding over select matters daily, cases pending before constitution benches have been put on the back burner.
    • In the entire month of April, 82,725 cases were filed in India’s courts, while 35,169 cases were disposed of.
    • Compare this to 2019, when the average number of cases filed per month was around 14 lakh (total number of cases 1.70 crores), while the average number disposed of per month was 13.25 lakh.
    • In all, there are about 3.23 crore cases pending in the 19,683 subordinate courts in the country, of which 90 lakh are civil cases and 2.32 crore are criminal cases
    • The situation in the high courts’ is no better. Currently, there are over a total of about 48.16 lakh cases including civil and criminal cases.

    2) The new normal of Social Distancing

    • Accessibility is a core function of justice – the quality of adjudication in a courtroom is of little utility to potential litigants if they cannot access it.
    • All courts, including the Supreme Court, high courts and district courts, have been operating in a highly restricted manner.
    • Most courts have already decided to persist with the restricted functioning until at least 17 May.

    3) Judicial appointments stalled

    • The process of appointment of judges too has been impacted by Covid-19 and the resulting lockdown.
    • Even before Covid-19, over 35 per cent posts in high courts were vacant — out of 1,079 sanctioned posts, 201 permanent ones and 184 additional judges’ positions were yet to be filled.
    • But now, the appointment of over 120 high court judges is pending with the Supreme Court Collegium, while 50-odd fresh recommendations have been made by the various high court collegiums.

    4) Quasi-judicial bodies have stopped working

    • What is also perplexing is how proceedings in over a dozen tribunals have come to a grinding halt during the lockdown despite these judicial bodies being equipped with video conferencing infrastructure.
    • The central zonal bench of the National Green Tribunal had been hearing matters through video conferencing for nearly two years but stopped functioning since the lockdown.
    • The public will have to pay a huge price for this stalemate as the NGT had stayed work on some key government-funded projects.
    • With proceedings now on hold, cost escalation for these projects would eventually be passed on to common citizens.

    Need for a change

    The pandemic has been changing many aspects of our life and forcing us to innovate or embrace the novel changes. The judiciary is not immune to this change. The time is ripe for the adoption and popularization of online court. But there were several attempts at the adoption of technology in the working of courts even before the pandemic. Time has now come to adopt these technological frameworks on a wider scale.

    Alternatives to conventional courts in practice:

    • The Online courts where the judge is physically present in the courtroom but the lawyer or litigant is not.
    • This is the present arrangement, except that now the courtroom is the residential office of the judge, due to the lockdown.
    • And the Virtual courts(VC) where there is no judge, lawyer or litigant and a computer takes a decision based on the inputs of the litigant.

    1) Online Courts

    • Amid this pandemic, a few district judges have taken a step forward and recorded the statement of parties in cases of divorce by mutual consent.
    • As of now, several such cases, including those involving NRIs, are dealt with through VC in online courts.
    • Punjab and Haryana judges have gone even further ahead. The online courts record the expert evidence of doctors from PGIMER through VC.
    • This has freed the doctors from time-consuming trips to the courts and has resulted in savings of several crores for the exchequer.
    • The SC hearings use the VIDYO App hosted by the National Informatics Centre. Some platforms like Zoom, WhatsApp, and WebEx are being used in some high courts.

    2) Virtual courts

    • A virtual court is a unique contribution of the eCourts Project.
    • A pilot virtual court was launched in August 2018 in Delhi for traffic offences and it has been a great success.
    • Virtual courts have been successfully tried out in Delhi, Haryana, Maharashtra and Tamil Nadu.
    • The virtual court system has the potential of being upscaled and other petty offences attracting a fine such as delayed payments of local taxes or compoundable offences can also be dealt with by virtual courts.
    • This will ease the burden on conventional courts and therefore must be strongly encouraged.

    The Supreme Court support for video conferencing

    The outbreak of coronavirus or COVID-19 in several countries including India has necessitated immediate adoption of measures to ensure social distancing to prevent transmission of the virus.

    • A bench headed by CJI SA Bobde said that every high court would be authorised to determine the modalities suitable to the temporary transition to the use of video conferencing technologies.
    • All measures taken by the courts, to reduce the need for the physical presence of all stakeholders within court premises and to secure the functioning of courts in consonance with social distancing guidelines and best public health practices shall be deemed to be lawful, said the bench.
    • The top court directed that district courts in each state shall adopt the mode of video-conferencing prescribed by the concerned high court.
    • The concerned courts shall maintain a helpline to ensure that any complaint in regard to the quality or audibility of feed shall be communicated during the proceeding or immediately after its conclusion.
    • The bench directed that courts shall duly notify and make available the facilities for video-conferencing for such litigants who do not have the means or access to such facilities.
    • Until appropriate rules are framed by the high courts, video conferencing shall be mainly employed for hearing arguments whether at the trial stage or at the appellate stage.

    The only option lies in technology

    • One way to retain access for most litigants as quarantine, self-isolation and social distancing are being implemented to avoid contracting the deadly virus, is by using technology.
    • Some jurisdictions abroad have the facility to operate online courts and even telephone hearings for non-substantive issues.
    • The importance of allowing technology within the judicial process is already recognised in studies conducted by Indian legal analysts.
    • For instance, DAKSH’s white paper series on a next-generational justice platform moots the idea of re-calibrating the Indian judicial system through a natively digital platform.

    Various issues with these courts

    • Unfamiliarity with the medium of communication is the major issue. Judges are simply not used to consciously facing a camera generally and in particular while hearing a case.
    • Similarly, lawyers find it difficult to comfortably argue while seated.
    • Some technical problems in conducting online hearings have also surfaced. The bandwidth is not adequate or stable enough. The picture sometimes breaks or gets frozen and the voice often cracks.
    • Consultations are also a problem: Lawyers occasionally need to consult their client or the instructing advocate; judges also need to consult each other during a hearing.

    Lack of a unified portal

    • The Supreme Court initially instructed litigants to use an app called Vidyo. There have been instances of using Whatsapp, Google and Zoom video conferencing tools.
    • These apps raise obvious security and sovereignty questions when used for judicial proceedings.
    • A public function as critical as adjudication cannot rely on third-party proprietary software.
    • The National Informatics Centre will have to create a platform that includes features such as videoconferencing and e-filing.
    • This will benefit not just the judiciary but all other components of the justice system – such as the police, prisons and lawyers – and provide more people more justice more speedily.

    Conclusion

    • As a matter of fact, the present system of justice is totally out of place and out of time and tune with democratic procedures and norms that please only a certain section of the society with vested interests.
    • Therefore, there is an immediate need to restructure the entire judicial system to make it answerable to the needs of a democratic, progressive society.
    • The judiciary has a golden opportunity to envisage a justice delivery system that could function unhindered at all levels during any emergency.
    • The online court is one of a number of related justice modernization needs. It may cost several billion and look a massive sum to commit at a time of austerity, but if it succeeds it will save several more billions.
    • This saving will be made by eliminating many of the costs of running a paper-based system using rented premises which look more like shop windows and craft workshops than actual courtrooms.

    The inherent issues can be addressed with some simple measures like:

    • For pendency, time-limits should be prescribed for all cases based on priorities. So setting time-standards is essential and it will vary for different cases, and also for different courts depending on their disposal-capacity. Alternative disputes resolution  (ADR) mechanisms should be promoted for out of court settlements.
    • To imbibe transparency, a thorough understanding of the principle of independence of the judiciary and ensuring its accountability is the sole prerogative of the Supreme Court itself. The judiciary should come up with its own solution for transparent functioning and judicial appointments.
    • To make trials speedy, the judiciary must scrutinize the sensitivity of a particular case before taking up for hearing. Fast track courts must be established for varieties of cases.

    Way Forward

    • Necessity is the mother of invention – once Covid-19 is contained, the judiciary will be presented with an opportunity to reform the justice system to better serve a public that will desperately need it.
    • The legislative underpinning of the courts’ modernization should begin boldly and immediately.
    • First and foremost, it needs to massively increase the number of leaders and innovators who are addressing issues of law and justice.
    • The coronavirus crisis has encouraged courts around the world to find innovative ways of delivering justice. Courts and their users must ‘seize the moment’.
    • We urgently need a set of new laws and procedural rules for the online courts.
    • We have to create more awareness and understanding and also create platforms and spaces that invite and enable changemakers to come together, dialogue and collaborate to create effective solutions.
    • We must use technology and new media to create a citizens movement by equipping citizens with the knowledge, resources and tools to put pressure on the system to change.
    • The rapidly evolving field of “legal tech” enables us to use emerging technologies like digitization, process automation, data and analytics, AI to completely reimagine how a 21st century, the citizen-centric legal system should work.

     

     

    References

    https://theprint.in/judiciary/how-lockdown-has-hit-judiciary-in-numbers-april-cases-fall-to-82k-from-14-lakh-avg-in-2019/413666/

    https://indianexpress.com/article/opinion/columns/india-coronavirus-parliament-judiciary-lockdown-6367368/

    https://theprint.in/opinion/corona-is-a-wake-up-call-for-indian-courts-they-arent-equipped-to-function-in-a-crisis/389224/

    https://www.bloombergquint.com/law-and-policy/how-indian-courts-are-adapting-in-the-times-of-covid-19

    https://scroll.in/article/958271/the-coronavirus-pandemic-is-an-unfortunate-opportunity-for-indias-judicial-system-to-modernise

    https://indiankanoon.org/doc/32424520/

    https://www.magzter.com/article/News/Outlook/Higher-Resolution

  • Taking India’s agri-marketing and PDS system on a more efficient path

    Agriculture is still the mainstay of Indian economy. There are certain problems that persist in the agri-marketing and PDS. The author suggests to use the present corona crisis to embark on the path of the reform in these areas.

     Supply lines maintained during the lockdown

    • India seems to have contained the mortality rate from Covid-19 to 3.3% which is lower than the global average of about 7 per cent.
    • On the food front too, India has done reasonably well.
    • Despite initial disruptions in supply lines, India has somehow managed to feed its large population of 1.37 billion.
    • In fact, if there is any complaint, it is from the producer’s side that the prices of perishables have collapsed in some parts of the country.
    • But, from the consumer’s point of view, even for perishables like milk and vegetables, supply lines were quickly restored and food is easily available in the markets at reasonable prices.
    • On keeping supply lines for essential food alive and running, those in the government managing the food logistics surely deserve to be complimented.

    Reforms in agri-marketing and PDS

    • Agriculture still engages India’s largest workforce.
    • And it may be the only sector that registers a respectable growth this year as almost all other major sectors may plummet into negative territory.
    • Agriculture sector is in urgent need of the reforms that can help farmers get a better price for their produce with consumers still paying a reasonable price for their food.
    • Following ways are suggested for agri-marketing:
    • While the APMC markets can keep doing their business as usual, it is time to open channels for direct buying from farmers/farmer producer organisations (FPOs).
    • Any registered large buyer, be it processors or retail groups or exporters must be encouraged by providing them with a license, that is valid all over India.
    • They should be exempted from any market fee and other cesses as they will not be using the services of the APMC market yards.
    • E-NAM can flourish if grading and dispute settlement mechanisms are put in place.
    • Private mandis with modern infrastructure need to be promoted in competition with APMCs.
    • On the PDS front, we need to move towards cash transfers that can be withdrawn from anywhere in the country.
    • Some initiative has already been taken by the Madhya Pradesh and even Uttar Pradesh is now moving along these lines.
    • But much more can be done to put India’s agri-marketing and PDS system on a more efficient path.

    Consider the question asked by the UPSC in 2014 “There is also a point of view that Agricultural Produce Marketing Committees set up under the State Acts have not only impeded the development of agriculture but also have been the cause of food inflation in India. Critically examine.”

    Conclusion

    The recovery of the economy, whether it will be V-shape or J-shape, depends upon the package that the government announces. The mega reforms need to be built in this recovery package.

    Agriculture Produce Marketing Committee Regulation (APMC) Act.

    • All wholesale markets for agricultural produce in states that have adopted the Agricultural Produce Market Regulation Act (APMRA) are termed as “regulated markets”.
    • With the exception of Kerala, J & K, and Manipur, all other states have enacted the APMC Act.
    • It mandates that the sale/purchase of agricultural commodities notified under it are to be carried out in specified market areas, yards or sub-yards. These markets are required to have the proper infrastructure for the sale of farmers’ produce.
    • Prices in them are to be determined by open auction, conducted in a transparent manner in the presence of an official of the market committee.
    • Market charges for various agencies, such as commissions for commission agents (arhtiyas); statutory charges, such as market fees and taxes; and produce-handling charges, such as for cleaning of produce, and loading and unloading, are clearly defined, and no other deduction can be made from the sale proceeds of farmers.
    • Market charges, costs, and taxes vary across states and commodities.

  • Seven trends in the geopolitics of the world

    The article examines 7 trends that have been emerging in the global order for quite some time now. The corona crisis has only accentuated these trends. So, what are these trends? read to know more.

    1. The rise of Asia

    • The first trend which became clear in the aftermath of the 2008 global financial crisis is the rise of Asia.
    • Economic historians pointed to its inevitability, recalling that till the 18th century, Asia accounted for half the global GDP.
    • The Industrial Revolution accompanied by European naval expansion and colonialism contributed to the rise of the West, and now the balance is being restored.
    • The 2008 financial crisis showed the resilience of Asian economies.
    • And even today, economic forecasts indicate that out of the G-20 countries, only China and India are likely to register economic growth during 2020.
    • Asian countries have also demonstrated greater agility in tackling the pandemic compared to the United States and Europe.
    • This is not limited to China but a number of other Asian states have shown greater responsiveness and more effective state capacity.
    • Consequently, Asian economies will recover faster than those in the West.

    2. Decline of the US

    • The second trend is the retreat of the U.S.after a century of being in the forefront of shaping the global order.
    • The U.S. played a decisive role in shaping the world, from the World Wars to the leadership of the western world during the Cold War, molding global responses to threats posed by terrorism or proliferation or climate change.
    • But recent examples show that interventions in Afghanistan and Iraq have become quagmires that have sapped domestic political will and resources.
    • President Donald Trump called for “America first” and during the current crisis, the U.S.’s efforts at cornering supplies of scarce medical equipment and medicines and acquiring biotech companies engaged in research and development in allied states, shows that this may mean “America alone”.
    • Moreover, even as countries were losing trust in the U.S.’s leadership, its mishandling at the home of the pandemic indicates that countries are also losing trust in the U.S.’s competence.

    3. Weakening unity of the EU

    • A third trend is the European Union’s continuing preoccupation with internal challenges.
    • This internal disruption is generated three factors: 1) EU’s expansion of membership to include East European states 2) Impact of the financial crisis among the Eurozone members 3) Ongoing Brexit negotiations.
    • Threat perceptions vary between old Europe and new Europe making it increasingly difficult to reach agreement on political matters e.g. relations with Russia and China.
    • Rising populism has given greater voice to Euro-sceptics and permitted some EU members to espouse the virtues of “illiberal democracy”.
    • Adding to this is the North-South divide within the Eurozone.
    • This divide was seen when austerity measures were imposed on Greece, Italy, Spain and Portugal a decade ago by the European Central Bank.
    • These austerity measures were persuaded by the fiscally conservative Austria, Germany and the Netherlands.
    • The EU lacked solidarity when Italy was battling the pandemic alone.
    • Further damage was done when Italy was denied medical equipment by its EU neighbours who introduced export controls.
    • Schengen visa or free-border movement has already become a victim to the pandemic.
    • The EU will need considerable soul searching to rediscover the limits of free movement of goods, services, capital and people, the underlying theme of the European experiment of shared sovereignty.

    4. Rise of China

    • China’s growing economic role has been visible since it joined the World Trade Organization in 2001.
    • Its more assertive posture has taken shape under President Xi Jinping’s leadership with the call that a rejuvenated China is now ready to assume global responsibilities.
    • In recent years, the U.S.-China relationship moved from cooperation to competition; and now with trade and technology wars, it is moving steadily to confrontation.
    • A partial economic de-coupling had begun and will gather greater momentum.
    • The Belt and Road Initiative involves investing trillions of dollars in infrastructure building as a kind of pre-emptive move against any U.S. attempts at containment.
    • Even if Mr Xi’s leadership comes under questioning, it may soften some aggressive policy edges but the confrontational rivalry with the U.S. will remain.

    5. Failure of multinational institutions

    • With COVID-19, international and multilateral bodies are nowhere on the scene.
    • The World Health Organisation (WHO) was the natural candidate to lead global efforts against the health crisis but it has become a victim of politics.
    • The UN Security Council (UNSC), the G-7 and the G-20 are paralysed when the world faces the worst recession since 1929.
    • The reality is that these institutions were always subjected to big power politics.
    • During the Cold War, U.S.-Soviet rivalry blocked the UNSC on many sensitive issues and now with major power rivalry returning, finds itself paralysed again.
    • Agencies such as WHO have lost autonomy over the decades as their regular budgets shrank.
    • Budget constraints forced them to increasingly rely on voluntary contributions sourced largely from western countries and foundations.
    • The absence of a multilateral response today highlights the long-felt need for reform of these bodies but this cannot happen without collective global leadership.

    6. The oil prices

    • The two trends were changing energy markets: 1)Growing interest in renewables and green technologies on account of climate change concerns. 2) The U.S. emerging as a major energy producer.
    • Now, a looming economic recession and depressed oil prices will exacerbate internal tensions in West Asian countries which are solely dependent on oil revenues.

    7. Stability of West Asia

    • Long-standing rivalries in the region have often led to local conflicts but can now create political instability in countries where regime structures are fragile.

    Consider the question “The Corona crisis contributed to speeding the failure of a global order which had been faltering before the pandemic afflicted the world. Examine the trends that have been accentuated by the pandemic.”

    Conclusion

    The vaccine may end the corona crisis when it comes, but the unfolding trends in the geopolitics have been altering the world even before the corona crisis and continue to do so after a pandemic is over.

     

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