Artificial Intelligence (AI) Breakthrough

The AI storm of ChatGPT: Advantages and limitations

op-ed snap | Science Tech | Mains Paper 3: Awareness in various sc and tech fields

Note4Students
From UPSC perspective, the following things are important:
Prelims level: What is Chatbot and ChatGPT?
Mains level: Chatbot and ChatGPT, applications, advantages and limitations
Context
- Many of us are familiar with the concept of what a “chatbot” is and what it is supposed to do. But this year, OpenAI’s ChatGPT turned a simple experience into something entirely different. ChatGPT is being seen as a path-breaking example of an AI chatbot and what the technology could achieve when applied at scale.
Click and get your FREE Copy of CURRENT AFFAIRS Micro Notes

Background
- ChatGPT by OpenAI: Artificial Intelligence (AI) research company OpenAI on recently announced ChatGPT, a prototype dialogue-based AI chatbot capable of understanding natural language and responding in natural language.
- Will be able to implement in softwares soon: So far, OpenAI has only opened up the bot for evaluation and beta testing but API access is expected to follow next year. With API access, developers will be able to implement ChatGPT into their own software.
- Remarkable abilities: But even under its beta testing phase, ChatGPT’s abilities are already quite remarkable. Aside from amusing responses like the pumpkin one above, people are already finding real-world applications and use cases for the bot.
What is Chatbot?
- A chatbot (coined from the term “chat robot”) is a computer program that simulates human conversation either by voice or text communication, and is designed to help solve a problem.
- Organizations use chatbots to engage with customers alongside the classic customer service channels like phone, email, and social media.
What is ChatGPT?
- Simple definition: ChatGPT is a chatbot built on a large-scale transformer-based language model that is trained on a diverse dataset of text and is capable of generating human-like responses to prompts.
- A human like language model: It is based on GPT-3.5, a language model that uses deep learning to produce human-like text.
- It is more engaging with details: However, while the older GPT-3 model only took text prompts and tried to continue on that with its own generated text, ChatGPT is more engaging. It’s much better at generating detailed text and can even come up with poems.
- Keeps the memory of the conversations: Another unique characteristic is memory. The bot can remember earlier comments in a conversation and recount them to the user.
- Human- like resemblance: A conversation with ChatGPT is like talking to a computer, a smart one, which appears to have some semblance of human-like intelligence.
The Question arises: will AI replace all of our daily writing?
- ChatGPT is not entirely accurate: It is not entirely accurate, something even OpenAI has admitted. It is also evident that some of the essays written by ChatGPT lack the depth that a real human expert might showcase when writing on the same subject.
- ChatGPT lacks depth like human mind: It doesn’t quite have the nuance that a human would often be able to provide. For example, when asked ChatGPT how one should cope with a cancer diagnosis. The responses were kind but generic. The type of responses you would find in any general self-help guide.
- It lacks same experiences as humans: AI has a long way to go. After all, it doesn’t have the same experiences as a human.
- ChatGPT doent excel in code: ChatGPT is writing basic code. As several reports have shown, ChatGPT doesn’t quite excel at this yet. But a future where basic code is written using AI doesn’t seem so incredible right now.
Limitations of ChatGPT
- ChatGPT is still prone to Misinformation: Despite of abilities of the bot there are some limitations. ChatGPT is still prone to misinformation and biases, which is something that plagued previous versions of GPT as well. The model can give incorrect answers to, say, algebraic problems.
- ChatGPT can write incorrect answers: OpenAI understands some flaws and has noted them down on its announcement blog that “ChatGPT sometimes writes plausible-sounding but incorrect or nonsensical answers.
Conclusion
- OpenAI’s ChatGPT turned that simple experience into something entirely different. ChatGPT is a path-breaking example of an AI chatbot and what the technology could achieve when applied at scale. Limitations aside, ChatGPT still makes for a fun little bot to interact with. However, there are some challenges that needs to be addressed before it becomes a unavoidable part of human life.
Manis question

Q. What is ChatGPT? Discuss why it is seen as pathbreaking example of an AI chatbot and the limitations?

(Click) FREE 1-to-1 on-call Mentorship by IAS-IPS officers | Discuss doubts, strategy, sources, and more
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024

Attend Now
Innovations in Sciences, IT, Computers, Robotics and Nanotechnology

Neuralink and the unnecessary suffering of animals

op-ed snap | Science Tech | Mains Paper 3: Awareness in various sc and tech fields

Note4Students
From UPSC perspective, the following things are important:
Prelims level: Nuralink
Mains level: Nuralink and its applications and testing issues
Context
- Elon Musk’s medical company, Neuralink, has been accused of causing needless suffering and death to around 1,500 animals in just short few years. Sources indicate that animal testing is proceeding too swiftly, which results in unnecessary suffering and death for the animals.
Click and get your FREE Copy of CURRENT AFFAIRS Micro Notes

What Is Neuralink?
- A device to be inserted in brain: Neuralink is a gadget that will be surgically inserted into the brain using robotics. In this procedure, a chipset called the link is implanted in the skull.
- Insulated wires connected to electrodes: It has a number of insulated wires connected from the electrodes that are used in the process.
- Can be operated by smartphones: This device can then be used to operate smartphones and computers without having to touch it.
The science behind the human brain
- Neurons of the Brain: The brain consists of neurons that transmit signals to cells in the body including muscle, nerve, gland and other neuron cells.
- Functions of each part of the brain: Every neuron is made up of three parts called the dendrite, the soma (cell body) and the axon. Each of this part has its own function. The dendrite receives the signals. The soma processes these signals. The axon then transmits the signals to the other cells.
- Neurotansmitters: The neurons are connected to one another by the synapses which release neurotransmitters. These chemical substances are then sent to another neuron cell’s dendrite causing the flow of current across the neurons.
How Does Neuralink Work?
- Electrodes can read electric signals: The electrodes that are part of the Neuralink will read electrical signals that are produced by several neurons in the brain. The signals are then outputted in form of an action or movement.
- Implanted directly in the brain: According to the company’s website, the device is implanted directly in the brain because placing it outside the head will not detect the signals produced by the brain accurately
What Does Neuralink Do?
- To operate encephalopathy: Neuralink can be used to operate encephalopathy.
- People with paralysis can be operated: It can also be used as a connection between the human brain and technology. This means that people with paralysis can easily operate their phones and computer directly with their brain.
- It will help people to communicate: Its main purpose is to help people to communicate through text or voice messages.
- Wide applications: Neuralink can also be utilised to draw pictures, take photographs and do other activities.appliactions
Conclusion
- Though the Neuralink innovation pushing the boundaries of neural engineering, cruelty over the animals cannot be ignored.
Mains question

Q. What is Neuralink? What is the science behind the human brain and what the neuralink will do?

(Click) FREE1-to-1 on-call Mentorship by IAS-IPS officers | Discuss doubts, strategy, sources, and more
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024

Attend Now
Russian Invasion of Ukraine: Global Implications

Understanding the Russia through Ukraine War

op-ed snap | International Relations | Mains Paper 2: Bilateral, Regional and Global Groupings and agreements involving India

Note4Students
From UPSC perspective, the following things are important:
Prelims level: NA
Mains level: Russia Ukraine war, India-Russia relations
Context
- Russia marks two anniversaries the 100th anniversary of the founding of the Soviet Union and the 31st anniversary of its dissolution. Following the Bolshevik Revolution in November 1917, the Soviet Union was proclaimed on December 30, 1922. Until its dissolution on December 26, 1991.
Click and get your FREE Copy of CURRENT AFFAIRS Micro Notes

How India looks at Russia?
- Special Strategic Partner: Vladimir Putin’s Russia continues to be valued as the heir to the Soviet Union and as a special strategic partner.
- Ukraine war has not affected the ties: Putin’s aggression against Ukraine and his brutal bombing of its civilian population, which Moscow claims is an integral part of Russia, has hardly made a dent in the way the Indian political classes think about the crisis.
- Russia as anti-imperialist: On the left and centre of the Indian political spectrum, the Soviet Union has been viewed purely through the ideological lens of progressive politics nationalist, internationalist, communist and anti-imperialist. That lens, however, is detached from the history of Russia and the continuing struggles for its political soul.
- Russia as best friend forever: Within the strategic community, the conviction that Russia is India’s “best friend forever” leaves little room for a nuanced view of Russia’s domestic and international politics.
Understanding Russia’s behaviour through Russian History
- The Bolshevik Revolution: It is initially sought to destroy the Russian Orthodox Church, eventually leveraged it in the deification of the Soviet state and lent a religious colour to the claim of Russian exceptionalism.
- Alliance with orthodoxy: Putin has taken the alliance with the Russian Orthodox Church to a higher level. For the Russian nationalists today, the effort to take back Ukraine is a “holy war”.
- Limited sovereignty to other communist state: After the Second World War, Soviet Russia insisted that fellow communist states had only “limited sovereignty” and Moscow had the right to intervene to keep them on the straight and narrow path of socialism and prevent their destabilisation. The military invasions in Hungary (1956), Czechoslovakia (1968), and Afghanistan (1979) were motivated by this impulse.
- Russia has not given up Imperialist tradition: In claiming that Ukraine has no sovereignty of its own, Putin is merely following that imperial tradition as well as the conviction that Ukraine, Belarus and Russian-speaking people everywhere are part of the “Russkiy Mir” or the “Russian world”.
- Mao’s characterization of Russia: After he broke from the Russian communists, Mao began to characterise Russia as an “imperial power”. Mao had not forgotten the persistent tension between the Chinese and Russian empires.
Analyzing Russia’s internal politics
- Weak federalism by Lenin: The founder of the Soviet Union, Vladimir Lenin warned against the dangers of “great Russian chauvinism”. He insisted on structuring a federal polity with the right of various nationalities to secede.
- Strong soviet by Stalin: Stalin, however, turned Russian federalism into a hollow shell and erased the difference between the “Soviet Union” and “Soviet Russia”.
- Putin refuse to recognize Ukraine: Putin denounced Lenin for giving a separate identity to Ukraine. “Modern Ukraine”, Putin said, “can with good reason be called ‘Vladimir Ilyich Lenin’s Ukraine’.”
- Stalling the democratic process: The enduring autocratic impulse in Moscow that is rooted in the stalled democratic revolution. Traditionally, the Russian fear of disorder has left the population to put great faith in strong leaders.
- Centralising tendency: The frequent but unsuccessful efforts at political liberalisation have left a fertile ground in Russia for centralising power under leaders like Putin and increasing the chances of grave miscalculation.
What should be the India’s approach towards Russia?
- Not directly criticize Russia: Although it has been reluctant to directly criticise Russian aggression, official India is not blind to the fact that Putin’s “special military operation” has gone horribly wrong.
- Taking note of changing world order: India will inevitably find ways to adjust to the tectonic shifts in the world order triggered by Putin’s misadventure.
- Learning from Putin’s mistake: The Indian political and strategic communities must come to terms with the many complex factors that have contributed to Putin’s egregious errors in Ukraine.
Conclusion
- To understand how the war in Ukraine might play out and its longer-term consequences for India, India’s discourse must pay greater attention to the turbulent history of Russia and its troubled relations with its Central European neighbours.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024

Attend Now
G20 : Economic Cooperation ahead

Research and Development Scenario in India

op-ed snap | Economics | Mains Paper 3: Inclusive Growth & Issues

Note4Students
From UPSC perspective, the following things are important:
Prelims level: NA
Mains level: Research and development and Research Intensity
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.
Click and get your FREE Copy of CURRENT AFFAIRS Micro Notes

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?
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024

Attend Now
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

Note4Students
From UPSC perspective, the following things are important:
Prelims level: NA
Mains level: India-EU FTA
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.
Click and get your FREE Copy of CURRENT AFFAIRS Micro Notes

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?

(Click) FREE1-to-1 on-call Mentorship by IAS-IPS officers | Discuss doubts, strategy, sources, and more
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024

Attend Now
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

Note4Students
From UPSC perspective, the following things are important:
Prelims level: NA
Mains level: Linking PHC with UHC, India's G20 presidency and healthcare agenda
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.
Click and get your FREE Copy of CURRENT AFFAIRS Micro Notes

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?

(Click) FREE 1-to-1 on-call Mentorship by IAS-IPS officers | Discuss doubts, strategy, sources, and more
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024

Attend Now
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

Note4Students
From UPSC perspective, the following things are important:
Prelims level: Appointment of judges of SC and HC's
Mains level: Issues with the appointment of judges of SC and HC's and judicial reforms
Context
- Recently, there has been confrontation between the Centre and judiciary on the interpretation of Article 124 (2) and 217 (1) of the Constitution.
Click and get your FREE Copy of CURRENT AFFAIRS Micro Notes

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?

(Click) FREE 1-to-1 on-call Mentorship by IAS-IPS officers | Discuss doubts, strategy, sources, and more
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024

Attend Now
Divyang Friendly Physical and Digital Interface of buildings

op-ed snap | Governance | Mains Paper 2: Laws, Institutions & Bodies Constituted For The Vulnerable Sections

Note4Students
From UPSC perspective, the following things are important:
Prelims level: NA
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.

(Click) FREE1-to-1 on-call Mentorship by IAS-IPS officers | Discuss doubts, strategy, sources, and more
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024

Attend Now
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

Note4Students
From UPSC perspective, the following things are important:
Prelims level: NA
Mains level: India-China Border issues, friction points
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.

(Click) FREE 1-to-1 on-call Mentorship by IAS-IPS officers | Discuss doubts, strategy, sources, and more
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024

Attend Now
Child Rights – POSCO, Child Labour Laws, NAPC, etc.

Reviewing the Age of Consent Under POCSO Act

op-ed snap | Governance | Mains Paper 2: Laws, Institutions & Bodies Constituted For The Vulnerable Sections

Note4Students
From UPSC perspective, the following things are important:
Prelims level: NA
Mains level: POCSO ACt, issues with the age of consent
Context
- The Chief Justice of India’s recently raised the concerns about the age of consent under the POCSO Act. CJI quested parliament to review the age under POCSO act.
Click and get your FREE Copy of CURRENT AFFAIRS Micro Notes

What are the issues related to age of consent?
- Criminalization of romantic relationship: The Madras, Delhi and Meghalaya High Courts have flagged matters concerning criminalisation of romantic relationships between or with an adolescent under POCSO.
- AK v. State Govt of NCT of Delhi: On November 12, the Delhi High Court in AK v. State Govt of NCT of Delhi (order by Justice Jasmeet Singh) stated that the intention of POCSO was to protect children below the age of 18 years from sexual exploitation and not to criminalise romantic relationships between consenting young adults.
- Government not in favour of revision of age: The government told Parliament that it does not have any plan to revise the age of consent.
- Blanket ban on anticipatory bail: The recent criminal law amendment in UP that imposed a blanket ban on granting anticipatory bail to a rape accused rubs salt on the already wounded.
Concerns related to age of consent and POCSO Act
- Criminalization of sexual act: POCSO conflates exploitative sexual practice and general sexual expression by an adolescent, and criminalises both.
- Overlooking the voluntary sexual act: Criminal law has become an instrument to silence or regulate a non-exploitative consensual sexual relationship involving a minor girl, which is voluntary.
- Abuse of POCSO act: The obiter of the court that POCSO has become a tool in the hands of certain sections of society to abuse the process of law is corroborated by other courts too.
- Victimization of girls: The cumulative victimisation of the “consenting” girl also deserves the lawmakers’ attention.
Today’s reality of sexual life among adolescent and mismatch in law
- Increased age of consent: The age of consent has increased from 10 to 12 to 14 to 16 and finally to 18 years by the 2013 amendment, in order to bring it in conformity with the then newly legislated POCSO Act.
- Consent of minor girl is illegal: The law disregards the likelihood of a minor girl engaging in sexual activity voluntarily it thus desexualises her.
- Ignoring the social reality: The law that criminalises adolescent sexuality either ignores social reality or pretends to do so.
- Sexual experience before the age of consent: According to the NFHS-5, for instance, 39 per cent women had their first sexual experience before turning 18. The same survey provides additional evidence of sexual engagement among unmarried adolescent girls by reporting contraception use by 45 per cent of unmarried girls in the age group of 15-19 years.
What should be the way forward?
- Separate procedure for POCSO Act: Need to evolve a separate procedure for children while dealing with POCSO cases.
- Victimization should be avoided: Romantic” lovers in a mutually consensual relationship should not be victims of the abuse of the criminal justice system processes.
Conclusion
- Age of consent is matter of debate and cannot be decided alone by judges and judiciary. Need of an hour is a sexual education in the children and adolescence. We need to fight to taboo about sex and debate on sex.
Mains Question

Q. What are the misuse cases under POCSO act? What are the mismatch between todays POCSO act and social reality of adolescent sex life?

(Click) FREE 1-to-1 on-call Mentorship by IAS-IPS officers | Discuss doubts, strategy, sources, and more
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024

Attend Now

Type: op-ed snap

Context

Background

What is ChatGPT?

The Question arises: will AI replace all of our daily writing?

Limitations of ChatGPT

Conclusion

Context

What Is Neuralink?

How Does Neuralink Work?

What Does Neuralink Do?

Conclusion

Context

Understanding Russia’s behaviour through Russian History

Analyzing Russia’s internal politics

What should be the India’s approach towards Russia?

Conclusion

Context

Innovation and missing R&D Investment

What is the scenario of Global Investment in R&D?

Linkages between Research Intensity and Expenditure on R&D

What India can learn from Israel?

Context

Why EU is seeking Investor Protection Agreement?

What is the issue of MFN and FET?

Why IPA is need of the hour?

Conclusion

Context

Background: Prioritizing Health

Global community engagement to strengthen Health systems

What are the new approaches developed to strengthen healthcare system?

What is PHC-with-UHC approach?

What is to be strengthened, what initiatives can be applied and how?

Conclusion

Context

Provisions related to the appointment of judges to the supreme court and high court

What will be the impact of this tussle?

A study: Process of appointment of judges in other countries and by political institutions

Appointments through Judicial Commission

In this scenario what are suggested reforms?

Conclusion

Context

What are the common suggestions about disabled friendly parliament?

Recommendations of report by the Vidhi Centre for Legal Policy

What parliament can do?

What can centre and states do?

Conclusion

Context

What is outcome of the latest round of talks and the current status?

Why China has opened new front in Tawang?

Way ahead

Conclusion

Context

What are the issues related to age of consent?

Today’s reality of sexual life among adolescent and mismatch in law

What should be the way forward?

Conclusion