Today’s Important Articles for Sociology (18-11-2021)

  1. School enrolment fell during pandemic: Annual Status of Education Report READ MORE
  2. Digital divide in education can’t be bridged by laptops and smartphones alone READ MORE
  3. Lessons in the pandemic: Addressing school learning losses should be a priority READ MORE
  4. Standing tall, and apart READ MORE



Today’s Important Articles for Pub Ad (18-11-2021)

  1. Transfer as punishment: The judiciary’s flawed collegium system bares its inherent weaknesses yet again READ MORE
  2. Civil society is not the enemy READ MORE
  3. A global shortage of health workers looms READ MORE



WSDP Bulletin (18-11-2021)

(Newspapers, PIB and other important sources)

Prelim and Main

  1. Cabinet approves continuation of Pradhan Mantri Gram Sadak Yojana (PMGSY)-I, PMGSY-II and Road Connectivity Project for Left Wing Extremism Affected Areas (RCPLWEA) READ MORE
  2. Wide fault lines within the Global Climate Risk Index READ MORE
  3. Grants, non-philanthropic donations received by charitable trusts to attract 18% GST: AAR READ MORE
  4. Explained: What is the Puri heritage corridor, whose foundation will be laid soon in Odisha? READ MORE
  5. National Workshop on Digital India Land Record Modernisation Programme held READ MORE
  6. India launches e-Amrit portal on EVs at COP26 READ MORE

Main Exam   

GS Paper- 1

  1. How the Pallavas administered land READ MORE
  2. Standing tall, and apart READ MORE

GS Paper- 1

POLITY AND GOVERNANCE

  1. Transfer as punishment: The judiciary’s flawed collegium system bares its inherent weaknesses yet again READ MORE
  2. Civil society is not the enemy READ MORE
  3. A global shortage of health workers looms READ MORE

SOCIAL ISSUES AND SOCIAL JUSTICE

  1. School enrolment fell during pandemic: Annual Status of Education Report READ MORE
  2. Digital divide in education can’t be bridged by laptops and smartphones alone READ MORE
  3. Lessons in the pandemic: Addressing school learning losses should be a priority READ MORE

INTERNATIONAL ISSUES

  1. Neighbour at it again: Onus of easing tensions lies with Pakistan READ MORE
  2. India, Russia Look To Hold ‘2+2’ Dialogue Alongside PM Modi-Putin Summit READ MORE  

GS Paper- 1

ECONOMIC DEVELOPMENT

  1. Cryptocurrency fears: The govt needs to tread cautiously READ MORE
  2. Understanding why the informal sector really shrank during the pandemic READ MORE
  3. PM Gati Shakti: Logistics for the people READ MORE

ENVIRONMENT AND ECOLOGY  

  1. End the blame game: Concerted efforts are needed for a long-term solution to Delhi’s pollution crisis READ MORE
  2. COP26: A Step Forward or a COP-Out? READ MORE

GS Paper- 1

ETHICS EXAMPLES AND CASE STUDY

  1. Tolerance; the Root of Humanity READ MORE
  2. The Punishment of Criminals READ MORE
  3. Bureaucracy does not want to take any decisions, wants the court to do everything, SC says READ MORE

Questions for the MAIN exam

  1. How far do you agree with the view that frequent transfers of High Courts’ Judges are showing too much control of the Supreme Court on the High Court, which makes their decision-making ability doubtful?
  2. Whether the five-year tenure to ED and CBI chiefs will lead to fairer and more transparent functioning of these bodies? Analyse your view.

QUOTATIONS AND CAPTIONS

  • Authority does not come from the loudest voice, but the wisest.
  • The development of society causes changes on the social, cultural, and economic fronts. A more efficient administration policy could be framed considering these lessons from history.
  • Formalisation is indeed a desirable process both for enterprises and workers in the Indian economy.
  • The final objective of formalisation is to improve the working and living conditions of those in the informal economy but Celebrating formalisation based on the misery and devastation of poor informal workers is not just misplaced but also callous.
  • Road dust is the dominant source of particulate matter and the most significant impediment to clean air, and unfortunately the least amenable to an easy fix. The emphasis must be on concerted and consistent efforts, and not annual blame games.
  • Digital Divide roots lie in socio-economic inequalities, which can only be addressed through systemic changes.
  • Lack of transparency in the evolving crypto industry makes foolproof regulation or prohibition an onerous task.
  • The pandemic highlighted like nothing else the criticality of distance learning and access, a fact that made unicorns out of e-education players.
  • In an era where one of the most progressive legislation has been passed, transparency and accountability to the people are called for on the part of all democratic institutions.

50- WORD TALK

  • The decision to restrict street food vendors by four municipal corporations in Gujarat followed the usual routine of provocative statements and cautious corrections. Even if it isn’t targeted at non-vegetarian hawkers, it will still hurt informal, self-employed workers. In a pandemic economy, the so-called ‘pakora’ sellers must be actively protected.

Things to Remember:

  • For prelims-related news try to understand the context of the news and relate with its concepts so that it will be easier for you to answer (or eliminate) from given options.
  • Whenever any international place will be in news, you should do map work (marking those areas in maps and also exploring other geographical locations nearby including mountains, rivers, etc. same applies to the national places.)
  • For economy-related news (banking, agriculture, etc.) you should focus on terms and how these are related to various economic aspects, for example, if inflation has been mentioned, try to relate with prevailing price rises, shortage of essential supplies, banking rates, etc.
  • For main exam-related topics, you should focus on the various dimensions of the given topic, the most important topics which occur frequently and are important from the main point of view will be covered in ED.
  • Try to use the given content in your answer. Regular use of this content will bring more enrichment to your writing.



Day-85 | Daily MCQs | UPSC Prelims | ENVIRONMENT AND ECOLOGY

[WpProQuiz 92]



Ethics Through Current Developments (17-11-2021)

  1. Guru Nanak, the pioneer of interfaith dialogue READ MORE
  2. A Protective Shield READ MORE
  3. The Great Contribution of a Gentle Human Being READ MORE



Today’s Important Articles for Geography (17-11-2021)

  1. Debris dumped along Beas READ MORE
  2. The low road: Uttarakhand’s ecological balance must be protected READ MORE



Today’s Important Articles for Sociology (17-11-2021)

  1. Covid beyond illness: Address mental health too READ MORE
  2. A hunger-free nation: How India can leverage existing institutions READ MORE



Today’s Important Articles for Pub Ad (17-11-2021)

  1. Longer-term, better impact: The recent ordinance that allows the Centre to extend the tenure of the Director of the CBI is timely and merited READ MORE
  2. There’s a need for transparency in the transfer of judges READ MORE
  3. All India Judicial Service won’t solve pendency. And no, the IAS, IPS parallel doesn’t work READ MORE
  4. Why a judge’s transfer from Madras to Meghalaya has raised concerns about judicial independence READ MORE



WSDP Bulletin (17-11-2021)

(Newspapers, PIB and other important sources)

Prelim and Main

  1. Pochampally makes it to list of best tourism villages in the world READ MORE
  2. PM to inaugurate the first Global Innovation Summit of the Pharmaceuticals sector on 18th November READ MORE
  3. Kartarpur corridor will be reopened READ MORE
  4. 20% Unorganised Sector Workers Registered With Labour Ministry’s e-Sharm Portal: Report READ MORE
  5. Penicillin can prevent latent rheumatic heart disease from progressing in children: Study READ MORE

Main Exam     

GS Paper- 1

  1. Standing tall, and apart READ MORE

GS Paper- 2

POLITY AND GOVERNANCE

  1. Longer-term, better impact: The recent ordinance that allows the Centre to extend the tenure of the Director of the CBI is timely and merited READ MORE
  2. There’s a need for transparency in the transfer of judges READ MORE
  3. All India Judicial Service won’t solve pendency. And no, the IAS, IPS parallel doesn’t work READ MORE
  4. Why a judge’s transfer from Madras to Meghalaya has raised concerns about judicial independence READ MORE

SOCIAL ISSUES AND SOCIAL JUSTICE

  1. Covid beyond illness: Address mental health too READ MORE
  2. A hunger-free nation: How India can leverage existing institutions READ MORE

INTERNATIONAL ISSUES

  1. Kabul, Kashmir and the return of realpolitik: India could find itself in a catch-22 situation as engagement with the Taliban may lead Pakistan to up the ante in J&K READ MORE
  2. For more than a waiver: Threat of sanctions undermines foundation of India-U.S. global strategic partnership READ MORE

GS Paper- 3

ECONOMIC DEVELOPMENT

  1. Our economic recovery requires a broader base READ MORE
  2. More MGNREGS support needed READ MORE
  3. Regional connectivity: An opportunity for India READ MORE

ENVIRONMENT AND ECOLOGY  

  1. Debris dumped along Beas READ MORE
  2. The low road: Uttarakhand’s ecological balance must be protected READ MORE

TECHNOLOGY

  1. Bias in Artificial Intelligence: Why we need more India-centric AI READ MORE

SECURITY

  1. From across the border, a new cyber threat READ MORE

GS Paper- 4

ETHICS EXAMPLES AND CASE STUDY

  1. Guru Nanak, the pioneer of interfaith dialogue READ MORE
  2. A Protective Shield READ MORE
  3. The Great Contribution of a Gentle Human Being READ MORE

Questions for the MAIN exam

  1. Analyse the factors responsible for the menace of drug abuse in India. Suggest some measures that India could adopt to address the issue.
  2. How far do you agree with the view that with the help of AUKUS, India can secure its interests Indo-Pacific without being a member of any security group? Analyse your view.

QUOTATIONS AND CAPTIONS

  • The recent ordinance that allows the Centre to extend the tenure of the Director of the CBI is timely and merited.
  • Threat of sanctions undermines foundationof India-U.S. global strategic partnership.
  • Bias in AI may have a broad societal impact, with decision-makers often being unaware of the risks.
  • Developing more India-centric datasets and an Indic AI eco-system that incorporates India’s local views is imperative. This will help create more balanced datasets in terms of nationality, colour, gender and global diversity.
  • India has managed to upstage China in Maldives but the situation is very fluid due to internal political dynamics and religious extremism.
  • Expanding our approach from ‘lives and livelihoods’, as conceived in the Economic Survey, to ‘lives, livelihood and liveliness’ is essential.
  • If there is genuine demand in rural India for jobs, the outlay for the MGNREGS should be enhanced.
  • With the pandemic deepening India’s food security crisis, existing institutions such as ICDS, PDS, midday meal schemes and subsidised food canteens, can address hunger and malnutrition.

50- WORD TALK

  • The first face-to-face summit between Presidents Joe Biden and Xi Jinping wasn’t expected to produce any breakthroughs and it didn’t. But it may have just managed to lower temperatures that were climbing on the back of a range of tensions and rhetoric. That the two powers talked is the achievement.
  • The collegium recommendation to appoint Saurabh Kirpal as a Delhi High Court judge has come after a long, needless delay. Kirpal will be India’s first openly gay HC judge and this signals an important mindset change. Concerns about his partner were outside the remit. Government should notify his appointment swiftly.

Things to Remember:

  • For prelims-related news try to understand the context of the news and relate with its concepts so that it will be easier for you to answer (or eliminate) from given options.
  • Whenever any international place will be in news, you should do map work (marking those areas in maps and also exploring other geographical locations nearby including mountains, rivers, etc. same applies to the national places.)
  • For economy-related news (banking, agriculture, etc.) you should focus on terms and how these are related to various economic aspects, for example, if inflation has been mentioned, try to relate with prevailing price rises, shortage of essential supplies, banking rates, etc.
  • For main exam-related topics, you should focus on the various dimensions of the given topic, the most important topics which occur frequently and are important from the mains point of view will be covered in ED.
  • Try to use the given content in your answer. Regular use of this content will bring more enrichment to your writing.



WHY DOES INDIA NEED A DATA PROTECTION AUTHORITY?

THE CONTEXT: Data has become crucial for any country. After the Supreme Court Judgement in Puttaswamy Case in 2017, the debate about the privacy of users is on the floor every time. There is a demand for the proper setup for the protection of users’ data. Data protection Authority is an effective solution in this regard. This article analyses the importance of data protection authority in the securing of users’ data.

 WHAT IS DATA PROTECTION AUTHORITY AND WHY IS IT REQUIRED?

India’s data protection authority (DPA), as envisaged under the proposed Personal Data Protection (PDP) Bill, has been entrusted with the crucial responsibility of protecting and regulating the use of the personal data of citizens.

  • India has around 290 million social media users, 340 million messaging application users and around 400 million search engine users. These can easily be siphoned off to a foreign land and used for micro-targeting advertising.
  • In similar cases, the EU has the General Data Protection Regulation and the US laws dealing with issues of privacy with the help of such authorities.
  • In 2018, Srikrishna Committee also recommended Such Authorities for effective security of data.

PROTECTION FROM WHOM?

Basically, personal data is collected and processed by

  • State actors => central and state governments and their instrumentalities;
  • Non-state actors => private organisations providing services, social media intermediaries, e-commerce entities, big tech companies and employers
  • The central and state governments are one of the largest data fiduciaries (who collect, hold and process data) in a wide array of state activities such as national security, welfare administration, subsidies, provision of municipal services and employment benefits etc.
  • Similarly, in the age of big data, non-state data fiduciaries such as social media intermediaries like Facebook, Twitter, YouTube and giant e-commerce platforms also collect large amounts of personal data on a day-to-day basis.

WHY DATA PROTECTION IS REQUIRED?

Purpose

The purpose of personal data protection isn’t to just protect a person’s data, but to protect the fundamental rights and freedoms of persons that are related to that data.

Compliance Not complying with the personal data protection regulations can lead to even harsher situations, where it’s possible to extract all the money from a person’s bank account or even cause a life-threatening situation by manipulating health information.
Fairness

Data protection regulations are necessary for ensuring and fair and consumer-friendly commerce and provision of services. Personal data protection regulations cause a situation, where, for example, personal data can’t be sold freely which means that people have greater control over who makes them offers and what kind of offers they make.

  WHAT IS RIGHT TO PRIVACY AND WHY IT IS IMPORTANT?

  • A right to privacy is defined broadly as “the right to be let alone.”
  • It usually excludes personal matters or activities which may reasonably be of public interest.
  • The right to privacy is our right to keep a domain around us, which includes all those things that are part of us, such as our body, home, thoughts, feelings, secrets and identity.
  • The right to privacy gives us the ability to choose which parts in this domain can be accessed by others and to control the extent, manner and timing of the use of those parts we choose to disclose.

THE LANDMARK JUDGEMENTS
WHERE RIGHT TO PRIVACY HAS BEEN RECOGNISED AS A FUNDAMENTAL RIGHT
KHARAK SINGH V. THE STATE OF U.P. (1962) In this case, a minority opinion recognised the right to privacy as a fundamental right but this was not the majority opinion.

The minority Judges located the right to privacy under both the right to personal liberty as well as freedom of movement.

GOVIND V. STATE OF M.P. (1975) Confirmed that the right to privacy is a fundamental right.

The right to privacy was said to encompass and protect the personal intimacies of the home, the family marriage, motherhood, procreation and child-rearing.

However, the right to privacy is subject to “compelling state interest”.

R. RAJAGOPAL V. UNION OF INDIA (1994) The right to privacy is a part of the right to personal liberty guaranteed under the constitution.

It recognized that the right to privacy can be both a tort (actionable claim) as well as a fundamental right.

UIDAI V/S CBI (2014) The Unique Identity Authority of India should not transfer any biometric information of any person who has been allotted an Aadhaar number to any other agency without the written consent of that person.
JUSTICE K.S. PUTTUSWAMY (RETD.) & ANR. V. UNION OF INDIA & ORS. (2017).

 

Privacy is to be an integral component of Part III of the Indian Constitution, which lays down the fundamental rights of the citizens.

The state must carefully balance the individual privacy and the legitimate aim, at any cost as fundamental rights cannot be given or taken away by law, and all laws and acts must abide by the constitution.

The right to privacy is not an absolute right and any invasion of privacy by state or non-state actor must satisfy the triple test i.e.

1.       Legitimate Aim

2.       Proportionality

3.       Legality

In the Puttaswamy case, the SC instructed the government to pass a law that would regulate informational privacy not only from non-state actors but also from the state parties and other individuals.

DEVELOPMENTS AFTER THE SUPREME COURT JUDGEMENT?

  • In August 2017, the Supreme Court held that privacy is a fundamental right, flowing from the right to life and personal liberty under Article 21 of the Constitution. The Court also observed that privacy of personal data and facts is an essential aspect of the right to privacy.
  • In July 2017, a Committee of Experts, chaired by Justice B. N. Srikrishna, was set up to examine various issues related to data protection in India.
  • The Committee submitted its report, along with a draft Personal Data Protection Bill, 2018 to the Ministry of Electronics and Information Technology in July 2018.
  • In 2019, the Personal Data Protection Bill was introduced in Parliament that is not passed yet.

OBJECTIVE OF THE BILL

  • Its regulatory nature not only creates a safe environment for a data principal to get his/her data processed but also protects the right of data fiduciary to profess.
  • Gives both the partners in this relationship certain rights and liabilities for it to work effectively.
  • Makes sure that the judgement made by the Supreme Court and the rights under the Constitution is protected and safeguarded.
  • It attempts to create a secure mechanism for processing of data, establishing certain norms for social media intermediaries, cross-border transfer, liabilities of agencies processing personal data, remedies for illegal, unauthorized and harmful processing, and to lay down a framework of a Data Protection Authority for India for the above said purpose.
  • The need for the Bill is derived from the growth of the digital economy and the purpose of monitoring the valid use of data as a means of communication.

PROVISION REGARDING DATA PROTECTION AUTHORITIES

  • The Bill sets up a Data Protection Authority which may:
  1. 1. take steps to protect the interests of individuals,
  2. 2. prevent misuse of personal data, and
  • 3. ensure compliance with the Bill.
  • It will consist of a chairperson and six members, with at least 10 years of expertise in the field of data protection and information technology.  Orders of the Authority can be appealed to an Appellate Tribunal.  Appeals from the Tribunal will go to the Supreme Court.

HOW DPA IS EMPOWERED TO PROTECT THE DATA?

  • The Chairperson of the authority will have the power of superintendence and to give direction for the affairs. The authority will itself appoint members and officers it deems necessary for discharging its duties under this act.
  • The most important function of the authority would be to protect the right to privacy that is to protect the interests of data privacy, prevent any misuse of the data, promote data security awareness and comply with the provisions of this act. Other responsibilities or the powers of the authority include formulating regulations and policies for all the purposes as stated above to regulate the data processing, inclusive of all such regulation required provisions.
  • The authority has the power to enact code for the practice in the good faith of the data processing companies and entities. The code of practice shall be formulated for an agency, association, or industry involving personal data processing. The authority has the role of maintaining the code and making necessary changes to adapt to the needful.
  • The Authority may, for the purpose of discharging of its functions under this Act, issue directions. From time to time as it may deem necessary directions can be issued to some data fiduciaries or data processors in general, or to a particular data fiduciary or a data processor. By the means of provisions of such order or directions, a data fiduciary could be bound to comply with the directions.
  • The authority has the power to call for information for discharging its functions as required by the Bill from data fiduciaries and data processors. The authorized officer in the authority has the power to seize any computer resource or any other document if it gives any doubt of misconduct or violation of regulations under the act.
  • The authorized officer in the authority has the power to seize any computer resource or any other document if it gives any doubt of misconduct or violation of regulations under the act.

 

WHAT ARE THE ISSUES: AN ANALYSIS?

MORE POWER TO THE CENTRAL GOVERNMENT

The current design of the Bill gives a wide range of powers to the central government. For instance, the members of the DPA are appointed by a committee comprising officers of the central government instead of a judicial or bipartisan parliamentary body. The design of the Bill effectively leads to central government regulating itself.

AFFECT THE FEDERAL STRUCTURE This design will adversely affect the federal structure of the Constitution. For example

(i)      A complaint filed against the Chief Minister’s Office for data breach will be decided by a body appointed by the central government as to whether such a breach took place or not.

(ii)    The Bill empowers the central government to decide if an event arising in a remote location in a state is an issue of ‘public order and therefore, requires ‘exemptions’ from the application of the various safeguard conditions. This cannot be allowed as it creates fertile grounds for data hegemony by the Centre and a massive concern for federalism.

PROCESSING OF DATA IN SPECIAL CASES

Processing of personal data is exempt from the provisions of the Bill in some cases.  For example, the central government can exempt any of its agencies in the interest of the security of the state, public order, sovereignty and integrity of India, and friendly relations with foreign states.  Personal data of individuals can be processed without their consent in certain circumstances such as:

(i)                  If required by the State for providing benefits to the individual,

(ii)                Legal proceedings,

(iii)              To respond to a medical emergency.

 

WHAT INDIA CAN LEARN FROM BEST PRACTICES

  1. EU MODEL
THE ROLE AND FUNCTION OF DATA PROTECTION AUTHORITIES ·         Handle reports of data breaches and provide monitoring reports of their own activities

·         Enforce data protection law at national level only

·         Mediate

·         Educate businesses on proper data protection protocols

·         Interpret EU law

·         Handle fines and other penalties

If you’re a company, it’s unlikely you’ll interact directly with a Data Protection Authority unless you:

·         Are subject to a complaint

·         Must report a data breach

·         Handle very high volumes of data

·         Directly approach the DPA for advice

ENFORCEMENT AND PENALTIES

 

·         Data Protection Authorities can bring legal action against companies who break the law. They can also investigate allegations of wrongdoing and impose penalties.

·         An Article sets out the conditions for imposing financial penalties on organizations. The fine must be proportionate, effective, and designed to discourage other companies from taking similar action.

·         Given the spirit of cooperation between the Member States, DPAs can look at fines imposed by other DPAs in similar circumstances to decide what’s fair and reasonable.

IMPARTIALITY

 

·         Data Protection Authorities must be free from all external influences, including government influence. This is set out in a separate Article.

·         Independence ensures that DPAs operate consistently across the EU and make fair decisions without chance of corruption.

HOW DPAs ARE CHOSEN?

 

According to Articles 53 and 54 of the GDPR, members of supervisory authorities must::

·         Be chosen in a clear and transparent manner

·         Have the qualifications and skills to perform the role

·         Be subject to proper secrecy and confidentiality

These guidelines ensure that only properly qualified individuals are chosen as DPAs and that the criteria are the same across the EU.

  1. CHINA MODEL

There is no single regulatory authority that deals exclusively with data protection/privacy matters. The Cyberspace Administration of China (CAC) is currently generally considered the primary data protection authority in the PRC, although various other legislative and administrative authorities have claimed jurisdiction over data protection matters, such as:

  • National People’s Congress Standing Committee
  • Ministry of Public Security
  • Ministry of Industry and Information Technology
  • State Administration for Market Regulation
  • Ministry of Science and Technology

Other sector-specific regulators, such as the People’s Bank of China or the China Banking and Insurance Regulatory Commission, can monitor and enforce data protection issues of regulated institutions within their sector.

WAY FORWARD:

  • The DPA must be established not as a regulatory body appointed by the central government but as a quasi-judicial independent body having judicial representation and should be subjected to only judicial oversight and monitoring and not executive supervision as envisaged in the current Bill.
  • Need for a decentralised DPA structure with state bodies and bodies at the district level like the Consumer Protection regime and to a certain extent, the Right to Information regime.
  • As DPA will be an umbrella regulator over the sectoral regulators, there is a greater need to make it not only independent and competent but also efficient and effective.
  • There is a need to set up an independent DPA, which can implement the Personal Data Protection Bill in an unbiased manner. It cannot appear to be under the direct command and control of the central government.

CONCLUSION: Maintaining a balance between informational privacy and the development of a strong digital economy is a truly challenging task, requiring a qualified and neutral body at the helm. India can unlock its true digital potential as a data market only with an independent DPA, and not by a regime that irreparably harms our constitutional values and citizens’ right to informational privacy.

Just add to your knowledge

HOW IS PERSONAL DATA REGULATED CURRENTLY?
·         It is regulated by the Information Technology Rules, 2011, under the IT Act, 2000.

·         It says that companies using the data are liable for compensating the individual, in case of any negligence in maintaining security standards while dealing with the data.

·         Issue:  IT rules were a novel attempt at data protection at the time they were introduced, the pace of development of the digital economy has shown its shortcomings. For instance,

(i)                  the definition of sensitive personal data under the rules is narrow

(ii)                some of the provisions can be overridden by a contract.  Further, the IT Act applies only to companies, not to the government.




DAILY CURRENT AFFAIRS (NOVEMBER 17, 2021)

ART AND CULTURE

1. POCHAMPALLY VILLAGE

THE CONTEXT: The Pochampally Village in Telangana State has been selected as one of the best Tourism Villages by the United Nations World Tourism Organisation (UNWTO).

THE EXPLANATION:

  • The prestigious award will be given on the occasion of the 24th session of the UNWTO General Assembly on 2nd December 2021 in Madrid, Spain.
  • The Best Tourism Villages by UNWTO Pilot initiative aims to award those villages which are outstanding examples of rural destinations and showcase good practices in line with its specified nine evaluation areas.
  • It also aims to support villages to enhance their rural tourism potential through training and access to opportunities for improvement.
  • The Ministry of Tourism recommended three villages for the UNWTO Best Tourism Village entry from India. These were Kongthong in Meghalaya, Ladhpura Khas, Madhya Pradesh and Pochampally in Telangana. Pochampally, was awarded by UNWTO.

ABOUT POCHAMPALLY

  • Pochampally, 50 Kms from Hyderabad, is a town in Nalgonda district of Telangana and is often referred to as the Silk City of India for the exquisite sarees that are woven through a unique style called Ikat.
  • This style, Pochampally Ikat, received a Geographical Indicator (GI Status) in 2004.
  • Ikat is a Malaysian, Indonesian word that means “Tie and Dye”. Ikat involves the process of wrapping (or tying) and dyeing sections of bundled yarn to a predetermined colour pattern before they are woven.
  • The dye penetrates into exposed sections while the wrapped section remains undyed. This pattern formed by the yarn in this process is woven into fabric.
  • Pochampally is also known as Bhoodan Pochampally to commemorate the Bhoodan Movement that was launched by Acharya Vinobha Bhave from this village on April 18th, 1951.

SOURCE: PIB

 

2. KARTARPUR CORRIDOR OPENS

THE CONTEXT: The Indian government said it was re-opening the Kartarpur corridor that connects Sikh shrines in India and Pakistan, given the decline in covid-19 cases.

ABOUT KARTARPUR CORRIDOR

  • Guru Nanak is the founder and first Guru of Sikhism.
  • He was born in 1469 at Talwandi Rai Bhoe near Lahore. The place is renamed later as Nankana Sahib.
  • He undertook preaching tours, also called Udasis, to spread his message.
  • In the later years of his life, Guru Nanak settled down at the township of Kartarpur, on the banks of river Ravi in Punjab.
  • Kartarpur Corridor connects the Dera Baba Nanak Sahib Gurdwara in the India’s state of Punjab to the Gurdwara Darbar Sahib Kartarpur shrine in Narowal district of Pakistan’s Punjab province.
  • It runs across over Ravi River.
  • The Gurdwara Darbar Sahib was ordered by the Maharaja of Patiala between 1921-1929.
  • Guru Nanak died at the age of 70. He appointed Bhai Lena as his successor and renamed him, Guru Angad.

SOURCE : TH

INDIAN ECONOMY

3. COUNTRY’S FIRST FISHERIES BUSINESS INCUBATOR

THE CONTEXT: Union Minister of Fisheries inaugurated the country’s first-of-its-kind, a dedicated business incubator to be known as LINAC- NCDC Fisheries Business Incubation Centre (LlFlC) in Haryana’s Gurugram costing Rs. 3.23 crore to nurture fisheries start-ups under real market-led conditions.

THE EXPLANATION:

  • The National Cooperative Development Corporation (NCDC), an implementing agency for the LIFIC, has identified the first batch of ten incubatees from four states—Bihar, Himachal Pradesh, Gujarat and Maharashtra.
  • Out of them, 6 are from newly-created Fish Farmers Producer Organizations with the support of the financial grant under the PMMSY.
  • Fisheries is a sunrise industry in India, growing at a 7 per cent rate annually.
  • The PM has set a goal of 22 million tonnes of fish production and export to the tune of Rs one lakh crore by 2025.
  • It is a very tall order to be achieved within next four years given that presently, fish production is 130  lakh tones and export worth Rs 46,000 crore.
  • Overall, there are around 30,000 cooperatives in the fisheries sector.

 SOURCE: PIB                       

 

4. 20% USW’S REGISTERED WITH E-SHARM PORTAL

THE CONTEXT: About 7.7 crore unorganised sector workers, accounting for 20% of the targeted 38.37 crore workers, across the country had registered on the e-Sharm portal.

THE EXPLANATION:

  • The e-Sharm portal is the first centralised database of unorganised workers nationwide seeded with Aadhaar.
  • Odisha with the achievement of 87% of the targeted registrations emerged on the top, followed by West Bengal (65%), Chhattisgarh (33%), Jharkhand (31%) and Bihar (25%).
  • The response to registration on the e-Sharm portal in these states could be an indication of the suffering faced by the unorganised sector and migrant workers in the aftermath of lockdown and restrictions imposed due to COVID-19.
  • For the first time with the e-Sharm portal, the Union government will have a centralised database with Aadhaar numbers seeded of migrant workers, gig workers, agricultural workers, Anganwadi workers, street vendors, domestic workers, among other unorganised sector workers. So far there has been no such database for unorganised sector workers.
  • Only data on organised sector workers is available through the Employees’ Provident Fund Organisation.
  • With the conception of the e-Sharm portal, the government claims that will be closer to providing a universal account number and an e-Sharm Card to unorganised workers. Efforts are on to link this number with social security schemes in the future.
  • For now, the government has already announced its intention to link accidental insurance with registration on the e-Sharm portal. According to this, if a registered worker meets with an accident, she will be eligible for Rs 2 lakh on death or permanent disability, and Rs 1 lakh on partial disability.
  • The government has set the deadline to complete the registration of 38.37 crore informal sector workers across the country by March 2022.

 SOURCE: TheWire                     

 

INTERNAL SECURITY

5. INDIAN OCEAN NAVAL SYMPOSIUM

THE CONTEXT:   The 7th edition of the Indian Ocean Naval Symposium (IONS) Conclave of Chiefs is being hosted by French Navy in Paris from 15 – 16 Nov 21.

ABOUT IONS

  • IONS was conceived by the Indian Navy in 2008 as a forum that seeks to enhance maritime cooperation among Navies of the littoral states of the Indian Ocean Region by providing an open and inclusive platform for discussions on regionally relevant maritime issues that would lead to a common understanding on the way ahead.
  • The inaugural edition of IONS was held in Feb 2008 in New Delhi, with the Indian Navy as the Chair for two years. The IONS Chair is presently held with France.

SOURCE: PIB

 

SCIENCE AND TECHNOLOGY

6. RUSSIAN ASAT TEST

THE CONTEXT:  Russia has carried out a Direct-Ascent Anti-Satellite (DA-ASAT) test by shooting down an old satellite on Monday which has created huge debris in the low earth orbit.

THE EXPLANATION:

  • According to the US space command, Russia has conducted the DA-ASAT test to shoot down an old Soviet Tselina-D SIGINT satellite, Kosmos-1408, which was launched in 1982 and had been dead for a long time.
  • While Russia has previously tested ASAT weapons, the DA-ASAT is more advanced and similar to the ones the US has in its inventory.
  • ASAT weapon gives the capability to destroy satellites in orbit disrupting the communications and surveillance capabilities of adversaries. Only a handful of countries have successfully demonstrated ASAT capability – China, India, Russia and U.S.
  • Initial assessment by USSPACECOM is that the debris will remain in orbit for years and potentially for decades, posing a significant risk to the crew on the International Space Station and other human spaceflight activities, as well as multiple countries’ satellites.
  • USSPACECOM continues to monitor the trajectory of the debris and will work to ensure all space-faring nations have the information necessary to safeguard their on-orbit activities if impacted by the debris cloud, a service the United States provides to the world, to include Russia and China.

 SOURCE: TH

THE PRELIMS PRACTICE QUESTIONS:

Q1. Consider the following statements:

  1. United Nations World Tourism Organisation was formed in 1975.
  2. Its headquarters is located in Rome, Italy.
  3. Tourism Villages is a global initiative of the United Nations World Tourism Organisation.
  4. Pochampally village in Telangana is selected as one of the best Tourism Villages in 2021.

Which of the statements given above are correct?

a) 1 and 3 only

b) 1, 2 and 3 only

c) 1, 3 and 4 only

d) 1, 2, 3 and 4

ANSWER FOR NOVEMBER 16th, 2021 PRELIMS PRACTICE QUESTIONS

Q1. Answer: D

Explanation:

  • Birsa Munda was an Indian tribal freedom fighter, religious leader, and folk hero who belonged to the Munda tribe.
  • He is also known as ‘Dharti Abba’ or the Earth Father.
  • He started the faith of ‘Birsait’. He wanted to reform the tribal society and so, he urged them to let go of beliefs in witchcraft and instead, stressed the importance of prayer, staying away from alcohol, having faith in God and observing a code of conduct.
  • He started a movement called ‘Ulgulan’, or ‘The Great Tumult’.
  • His struggle against the exploitation and discrimination against tribals led to a big hit against the British government in the form of the Chotanagpur Tenancy Act being passed in 1908. The act restricted the passing on of land from the tribal people to non-tribals.



Day-84 | Daily MCQs | UPSC Prelims | CURRENT DEVELOPMENTS

[WpProQuiz 91]



WHY IS IT SO HARD TO FILL UP THE JUDICIAL VACANCIES IN OUR COURTS?

THE CONTEXT:  Today, our justice delivery system is facing multiple challenges. Two of them are stark and need immediate attention – appointment of judges and managing the humongous number of pending cases. There is a large number of vacancies in the sanctioned strength of High Courts and the Sub Ordinate Judiciaries across the country. This has led to a delay in justice delivery and it is well known that delayed justice is denied justice. This delay also has serious implications for rule of law as the society at large starts losing trust in the justice delivery mechanism and begin to take law into their own hands. In this background, this article attempts to comprehensively address the reasons and solutions with respect to the large vacancies in the Indian Judiciary.

What does the statistic say?

  • As per the Department of Justice (DOJ), Ministry of Law and Justice, the sanctioned strength of high court (HC) judges is 1,080.
  • As of June 1, 2021, the vacancy of High Court judges is 430
  • Earlier, even when the sanctioned strength was in the region of 700+ the zero vacancies could not be achieved.
  • On 22 October 2018 the SC noted that according to the information submitted by Registries of the High Courts, there are 22,036 judicial posts in the District and Subordinate Courts:
    • 23% of these judicial posts are vacant, i.e. 5133 judicial posts
    • Recruitment processes are underway for 4180 posts
    • For 1324 vacant posts, there is no recruitment process underway
  • As of Apr 15, 2021, in SC 67279 cases are pending while in High Courts the number is a whopping 57.53 lakh. (National Judicial Data Grid)
  • The Subordinate judiciary (Districts courts and below) has a pendency of 3.81 crore cases as on the same date. (National Judicial Data Grid)

WHAT ARE THE IMPLICATIONS OF SUCH HUGE VACANCIES?

Apart from the huge pendency of cases in the courts, there are other serious consequences of a large number of vacancies. These are:

  • Rule of Law: The common man’s faith in the justice system suffers due to a lack of timely justice delivery. This leads to people taking the law into their hands or approaching influential entities like Khaps, for resolving their disputes often leading to miscarriage of justice. Many revenge killings or riots stem from the perception that delays in the justice system will lead to culprits walking scot-free.
  • Violation of Art 21: Vacancies denies the poor and under trial prisoners, their due of justice as their cases go on endlessly without speedy hearing and disposal. As per SC, the right to speedy trial is a fundamental right under Art 21. The consequence of delayed justice is injustice. Consider a few examples. In March this year, Vishnu Tiwari was held not guilty of rape by the Allahabad high court after he had spent 20 years in jail. In March, Dipak Jaishi a Nepali citizen was ordered to be released by the Calcutta high court from the Dum Dum Central Correctional Home after spending 40 years in judicial custody as an under trial prisoner.
  • Economic reforms: without a speedier justice system the economic reforms and ease of doing business initiatives remain only on paper and thus becomes ineffective in achieving their policy goals. As per the EoDB Ranking by World Bank, India’s position is 163 in the Enforcement of Contract Thus foreign investors are increasingly doubtful about the timely delivery of justice, which affects the success of programs like ‘Make in India’.
  • Over Worked Judiciary: Judiciary becomes overworked and lose its efficiency. Justice delayed is justice denied and Justice hurried is justice buried. The loss of judicial productivity leads to poor Quality of judgement. It is not uncommon to see over 100 matterslisted before a judge in a day leading to very little time on analyzing every fact of the case.
  • Criminalisistaion of Politics: The vacancies across the courts results in the criminal or electoral malpractices cases against politicians dragging for years. This delay seems to provide impunity to the criminal elements in politics to continue with their actions which encourages others also to do the same. Lack of speedy disposal of cases with respect to politicians results in serious erosion of legitimacy of political institutions, subversions of constitutional entities and politicization and criminalization of administration.

Why is there such huge vacancies?

1 HIGHER COURTS

 

 

The collegium system: Both at the Supreme Court and at the High courts, it has fared poorly in Judicial Human Resource Planning. Lack of timely identification of vacancies, beginning of selection process, and other formalities in a time bound manner have been among the biggest problems contributing to unfilled vacancies in High courts. Added to this, the highly opaque nature of this process tend to reduce the confidence among potential candidates leading them to not applying for the post. Thus there exists a huge gap between Sanctioned Strength and Working strength.

Finalisation of Memorandum of Procedure (MoP):  The present lack of consensus between the Executive and Judiciary, in relation to the finalisation of the MoP, has led to delays in filling up vacancies in the higher courts.

·         Adherence to timelines in filling vacancies:  The timelines laid down in the Second Judges case and the MoP are not being adhered to, by the Judiciary and the Executive.  This has resulted in extraordinary delays in filling up vacancies.  Further, while the current MoP has timelines for the appointment of HC judges, it does not lay down a similar timeline for SC judges.

Lack of suitable candidates: About half the outstanding lawyers who are offered a judgeship usually refuse the offer given by the chief justice of the high court. The fact that the Supreme Court and several high courts are seriously considering the appointment of retired high court judges as ad hoc judges is a clear indication that there is a dearth of outstanding talent or that outstanding lawyers are not willing for HC judgeship.

Systemic Issues/Institutional problem:  Advocate Saurabh Kirpal was recommended for appointment as a judge of the Delhi high court in October 2017. As yet, no decision has been taken on his appointment although more than three years have gone by. The ostensible reason going around is his sexual orientation. The Supreme Court has not said that having a particular sexual orientation is an offence so it should not be a disqualification

Behavior of the Executive: The manner of executing the transfer of Justice Muralidhar of Delhi HC was seen as unprecedented and disgraceful. A Similar case is of Justice Akhil Qureshi where his appointment as CJ of MP High court was changed and he was made a CJ of Tripura HC. . It has arguably given the message that if a judge is compassionate and caring, and if the executive do not like it, he or she is inviting trouble. These instances along with the executive using the National Security argument to delay the appointment and the time taken to notify the appointments are also reasons for vacancies. Moreover, these actions of the executive deter prospective candidates willing to join the higher judiciary.

Adhoc judge’s appointment: The appointment of retired judges was provided for in the Constitution under Article 224A (appointment of retired judges at sittings of High Courts).It is held that this process is given precedence sometimes over filling the vacancy in the High court through collegium mechanism and they are used as an alternative to regular appointments.

2 SUB ORDINATE JUDICIARY

Appointment Process: In the subordinate judiciary, appointments are made solely by the respective state governments. Lack of timely conduct of recruitment and appointment process is a major problem. Here, the role of State Public Service Commissions and HCs is crucial and many a times it is found that they have not been proactive in dealing with the judicial appointments.

· Non-availability of talent: The talent pool available for a judgeship in the lower judiciary is held to be minimal. For instance, the SC in 2019 had to grant grace marks to candidates who appeared for the Mains exams of Haryana Judicial services. The reason, only 9 out 0f 1200 who wrote the mains exam could qualify for the interviews for 107 vacancies.

Poor Scope for career advancements: The chances of a lower court judge being promoted to the high court or Supreme Court are also paper thin. There exist a disproportionately high number of judges selected as direct appointments from the Bar in the high courts, as compared to elevations from the subordinate judiciary.

HOW THE JUDGES ARE APPOINTED?

S.NO

COIURT PROCEDURE AS PER CONSTITUTION CASE LAW/JUDGE MADE LAW
1 SUPREME

COURT

Article 124(2) of the Indian Constitution provides that the Judges of the Supreme Court are appointed by the President after consultation with such a number of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose The collegium system for judicial appointments and transfer has its genesis in a series of three judgments that are now clubbed together as the “Three Judges Cases”.

The S P Gupta 1981, Supreme Court Advocates-on Record Association vs Union of India 1993, and Presidential reference to the Supreme Court 1998 provided primacy of the highest judiciary over the executive in the above judicial matters.

The SC collegium is headed by the CJI and comprises four other senior most judges of the court.

However, in the Fourth Judges case, the National Judicial Appointment Commission Constitutional Amendment Act was struck down by the SC.

Thereafter a mechanism of Memorandum of Procedure has been evolved to streamline the appointment of SC judges and appointment and transfer HC judges.

2 HIGH COURTS Article 217 deals with the appointment of High Court judges. It says a judge should be appointed by the President after consultation with the CJI and the Governor of the state. The Chief Justice of the High Court concerned too should be consulted A HC collegium is led by its Chief Justice and four other senior most judges of that court

According to the Memorandum of Procedure — a set of guidelines for appointment of judges in the higher judiciary — an HC collegium sends its recommendation to the central government and the SC collegium.

The latter, however, can clear the names only after it receives proposals from the government, following background checks of the candidates by the Intelligence Bureau (IB).

The collegium then clears the names and the law ministry notifies the appointments.

3 SUB ORDINATE JUDICIARY Article 233 in The Constitution Of India

Provides for the appointment of district judges. Appointments of persons to be, and the posting and promotion of, district judges in any State shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State.

As per Art 234. appointment of persons other than district judges to the judicial service of a State shall be made by the Governor of the State in accordance with rules made by him in that behalf after consultation with the State Public Service Commission and with the High Court exercising jurisdiction in relation to such State

No collegium system exists in the case of the lower judiciary. Thus, the state government, the respective HC and the State PSC are the major entities in the entire personnel management system of the lower judiciary. The central government provides grants for infra development of these courts based on Union Finance Commission recommendations.

 

WHAT MUST BE DONE TO ADDRESS THE HUGE VACANCIES?

  • Reform the Memorandum of Procedure (MOP): The high courts and the Supreme Court should both be transparent as far as the process of appointing judges is concerned.
    • The Memorandum of Procedure (MOP) postulates that a proposal made by the chief justice of the high court should be sent to the chief minister of the state and “to avoid delay” to the governor.
    • It should simultaneously be sent to the CJI and the Union law minister “to expedite consideration.”
    • The emphasis is on avoiding delays and expediting the process.
    • Immediately on receipt of a copy of the proposal, the collegium of the Supreme Court can start its scrutiny
  • Judicial Assertion: The judiciary must put its foot down and demand from the executive credible answers for the delay in responding to its recommendations and notifying the appointment.
    • In M/s. PLR Projects Pvt. Ltd v. Mahanadi Coalfields Limited, Apr 2020 the top court for the first time indicated an outer time limit of 18 weeks to complete the process for appointments of the High Court judges in a recent judgement
    • The court has said that in case the government has any reservation regarding certain recommendations, those names may be sent back to the Supreme Court collegium for specific reasons.
    • However, the bench held, if the collegium reiterates the recommendations unanimously, “such appointment should be processed and appointment should be made within three to four weeks”.
    • The court also emphasised the requirement of the chief justices of the 25 high courts to recommend vacancies as early as possible, and as and when new vacancies arose, irrespective of whether their old recommendations were cleared or not
  • Role of the executive in appointments: Judicial appointments is the joint responsibility of the Executive and the Judiciary, with neither body having primacy over the other.  The Constitution provides for appointment t by President after ‘consultation’ with the judiciary, instead of ‘concurrence’.  The present interpretation of the Constitution by the Supreme Court that requires the concurrence of the judiciary may be reversed.
  • Collegium versus Commission: over the decades, several high-level Commissions have examined this method of appointment of judges to the higher judiciary.  They have suggested that an independent body be set up to make recommendations for such appointments. For instance, the 2ndAdministrative Reforms Commission suggested:
    • Judiciary: CJI; [For HC judges: Chief Justice of the relevant High Court of that state]
    • Executive: Vice-President (Chairperson), PM, Law Minister, [For HC judges: Includes CM of the state]
    • Legislature: Speaker of Lok Sabha, Leaders of Opposition from both Houses of Parliament
  • Increase age of retirement:  The retirement age of SC judges may be increased to 67 years, and HC judges to 65 years.  This is based on increased life expectancy and is in line with international practice. This can prevent further vacancies from being added up due to the retirement of incumbent judges and attention can be focused on existing vacancies.
  • Minimum tenure:  Most Chief Justices of higher courts have short tenures, for about a year or so.  The Department of Justice may create a fixed minimum tenure for Chief Justices of higher courts. This enables the CJ of HC to have sufficient time to plan and implement judicial human resource management not only in their own HC but also in the lower judiciary.
  • National security and public interest:  The government proposes to decline the collegium’s recommendations for appointment on grounds of ‘national security’ and ‘larger public interest’.  These terms have also been proposed as parameters for appointments in the revised MoP.  If the government were to reject a candidate on these grounds, it would be similar to giving them a veto power, which is against the constitutional mandate.  The terms ‘national security’ and ‘larger public interest’, and the circumstances that would fall within their purview should be specified.
  • Shortlisting of names: The views of all judges in the court and the Bar Association must be taken in shortlisting of candidates.  All such names may be placed before the HC collegium, which will submit a final shortlist of names to the SC collegium and central government.  A cell in the Registry of the courts could maintain a computerized database of persons eligible for appointment as judges

MEASURES SPECIFIC TO LOWER COURTS

  • All India Judicial Service: The government is in the process of finalizing a bill to establish an All-India Judicial Service to recruit officers for subordinate courts through an entrance test. The provision of AIJS was included in Article 312 of the Constitution through the 42nd Amendment in 1976. The centralized timely recruitment process from a national pool of talented candidates can help reduce the problems of vacancies in the lower judiciary and will also provide quality manpower.
  • The 15th Finance Commission grants: The performance-based grants provided by the XVFC under the theme governance and administrative reforms include grants for the judiciary also. Thus, these funds can incentivize the creation of human and physical infrastructure in the lower judiciary.
  • Supreme Court Directions: It is important to note that the Supreme Court has been monitoring the vacancies in the district judiciary. It had prescribed timelines for the selection of judges at the state level in Malik Mazhar Sultan v UP Public Service Commission in 2006. In October 2018, the Supreme Court took suo motu cognisance of the vacancies in the district judiciary and asked state governments and high courts to file status reports with regard to the status of judicial vacancies and physical infrastructure in the states and it has been monitoring the selections since.
  • Central Selection Mechanism: A centralized system with one exam held throughout India would provide more certainty to the selection process. This would attract young legal minds and incentivize them to consider the subordinate judiciary as a prospective career option. The Supreme Court is pursuing the filling of vacancies as its top-most priority and has taken suo-motu action and has asked the opinion of various High Courts on centralization of the appointments of District Judges.

UNITED KINGDOM MODEL:  A LEARNING CURVE FOR INDIA

  • The UK used to have the Lord Chancellor (a political appointee) at the helm of decision-making.
  • This was changed by the Constitutional Reform Act of 2005; now a Judicial Appointments Commission (JAC) selects over 500 people each year for an appointment to judicial posts across the UK.
  • The process is clear and transparent as set out on their website, emails and Twitter.
  • In the, UK one can go to www.judiciary.uk and apply to be a tribunal judge or recorder/magistrate and there is a spreadsheet one can download to see the progression all the way up to the UK Supreme Court.
  • The Lord Chancellor has a much reduced role now in the appointment of judges he must consult senior politicians and senior judges before accepting, rejecting or asking for reconsideration of the names put forward by the JAC.
  • The JAC consists of 15 members, including six lay ones, five judges, one barrister, one solicitor, one magistrate and one tribunal member.
  • Appointment of judges is solely on merit and a consultation with the chief justice or his equivalent is required.
  • When assessing merit, the following factors are considered: intellectual ability, integrity, independence, objectivity, decisiveness, willingness to learn, ability to be fair, authority, efficiency and communication skills.

THE WAY FORWARD

  • The problems of vacancies in Indian courts requires a multifaceted collaborative approach with the executive, judiciary and other relevant stakeholders.
  • It is necessary that the “issue of justice delivery system” must become part of popular consciousness and not remain only in academic circles. This requires its inclusion in manifestos of political parties and electoral discourse.
  • Civil society must exert pressure on the executive and the higher judiciary through advocacy, research reports, PILs etc. While providing constructive suggestions for addressing the vacancies in courts, it can also put moral pressure on these institutions to act quickly.
  • The Law Commissions must be mandated to comprehensively study and review the current issues contributing for the vacancies and suggest relevant measures.
  • The Union Government and respective state governments need to come out with a White Paper on the “Problems of vacancies “and they must establish a time-bound action plan to address them.

CONCLUSION: A large number of vacancies in the Indian judiciary have multiple causes many of them systemic (institutional) while others are environmental (for instance, lack of public pressure). As the causes are diverse, the solutions must be also diverse. The administration of justice is a concurrent list subject, meaning it requires a cooperative federalism approach with an equally proactive engagement from the judicial side. At a time when the sanctioned strength is below par the required strength of judges as per UN Norms, the vacancies in the judiciary must be filled immediately.

 

 The Practice Questions:

  1. The persistence of a large number of vacancies in the Indian Judiciary has serious implications for the country. Analyse
  2. It requires a multi-pronged approach to address the problem of vacancies of judges in the subordinate judiciaries in India. Elaborate.

 

References:

1. https://thewire.in/law/india-judge-vacancies-justice-delivery

2. https://www.prsindia.org/report-summaries/inordinate-delay-filling-vacancies-supreme-court-and-high-courts

3. https://www.financialexpress.com/opinion/attorney-general-is-right-judiciary-too-must-act-on-vacancies-in-courts/1874629/ 




DAILY CURRENT AFFAIRS (NOVEMBER 16, 2021)

ART AND CULTURE

1. BIRSA MUNDA MUSEUM

THE CONTEXT: PM inaugurated the Birsa Munda museum in Ranchi on ‘Janjatiya Gaurav Divas’ or tribal pride day. It is the first of 10 new museums dedicated to tribal culture and contribution to the freedom movement.

BIRSA MUNDA AND TRIBAL REVOLT

  • He was an Indian tribal freedom fighter, religious leader, and folk hero who belonged to the Munda tribe.
  • He is also known as ‘Dharti Abba’ or the Earth Father.
  • He started the faith of ‘Birsait’. He wanted to reform the tribal society and so, he urged them to let go of beliefs in witchcraft and instead, stressed the importance of prayer, staying away from alcohol, having faith in God and observing a code of conduct.
  • He started a movement called ‘Ulgulan’, or ‘The Great Tumult’.
  • His struggle against the exploitation and discrimination against tribals led to a big hit against the British government in the form of the Chotanagpur Tenancy Act being passed in 1908.
  • The act restricted the passing on of land from the tribal people to non-tribals.

SOURCE: TH

 

2. RANI KAMALAPATI RAILWAY STATION

THE CONTEXT: PM inaugurated the revamped Rani Kamalapati railway station, earlier known as Habibganj, in Bhopal.

ABOUT RANI KAMLAPATI

  • She was the Gond queen of the region in the 18th century and the widow of Ginnorgarh’s chief, Gond ruler Nizam Shah.
  • She was one of Nizam Shah’s seven wives and daughter of Chaudhari Kirpa-Ramchandra. Queen was well known for her beauty and abilities and was often praised.
  • Nizam Shah was poisoned to death by his cousin Chain Singh, who wanted to marry Rani Kamlapati.
  • According to reports, she built the seven-storey ‘Kamlapati Palace’, which presently serves as an ASI protected monument and overlooks the Upper and Lower Lakes.
  • Rani Kamlapati Palace is a secular architecture of the 18th century built of Lakhauri bricks, cusped arches over crumpled pillars.
  • The merlons are shaped as water lotuses honouring the name of the Queen.
  • With more than a 1.2 crore population, the Gond community is one of the largest tribal groups in India. Linguistically, the Gonds belong to the GondiManda subgroup of the South Central branch of the Dravidian language family

SOURCE: TH

 

INDIAN POLITY, GOVERNANCE AND SOCIAL JUSTICE

3. ASSESSING THE DIGITAL GAP AND LEARNING LOSSES

THE CONTEXT: Schools are reopening for physical classes after 18 months of closures due to the COVID-19 pandemic. Although a variety of efforts were taken by many schools and governments to reach them through remote education, surveys are now showing that only a minority of students was able to access lessons of any sort during the lockdown, and that widespread learning losses are likely.

THE EXPLANATION:

  • As the new academic year got underway in June and July 2020, schools were forced to begin remote education and the Centre promoted its digital education platform DIKSHA.
  • Over the last few months, independent surveys have shown that in 15 States only 8% of students in rural India were able to access online education, while at least 37% completely dropped out.
  • With 22 States and UTs having completely opened their schools, teachers and students are now grappling with the new ground reality of learning gaps.

 SOURCE: TH

 

4. NCRB DATA ON CUSTODIAL DEATHS

THE CONTEXT:  Over the last 20 years, 1,888 custodial deaths were reported across the country, 893 cases registered against police personnel and 358 personnel charge-sheeted. But only 26 policemen were convicted in this period.

THE EXPLANATION:

  • The dismal record — compiled from the National Crime Records Bureau’s annual Crime in India (CII) reports from 2001-2020.
  • The NCRB data show that the highest number of policemen — 11 — convicted for custodial deaths was in 2006 when seven in UP and four in Madhya Pradesh were found guilty.
  • According to the latest data, 76 custodial deaths were reported in 2020, with Gujarat reporting the highest, 15, deaths. The other states on the list are Andhra Pradesh, Assam, Bihar, Chhattisgarh, Haryana, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Odisha, Punjab, Rajasthan, Tamil Nadu, Telangana and West Bengal.
  • The 113th report of the Law Commission had recommended the insertion of Section 114 B in the Indian Evidence Act, which puts the burden of proof on the police to explain any injury caused in custody.

SOURCE: IE

 

INDIAN ECONOMY

5. THE OTHER DIGITAL DIVIDE

THE CONTEXT: UPI has cut across the Indian socio-economic digital divide quite well and amazingly fast. However, it is a different type of digital divide that we should watch out for, namely, the chances of being defrauded when we use our phones to pay.

THE EXPLANATION:

  • Some common frauds take advantage of the fact that we may be unclear how the app works and the dos and don’ts of online transactions. For example, when you initiate a payment, you have to key in your PIN to complete the transaction. However, to receive payments you don’t need a PIN. This can be grounds for confusion.
  • Some UPI apps have an online/ real-time chat and it’s easy for users to mistake the chat as being official instructions from the app itself. So, if the fraudster asks for your PIN on the chat you may wall believe your app is prompting to enter the PIN. You just have to be alert always.
  • Another fraud is based on your registered mobile number (RMN). The SIM card of your phone/ your RMN is at the heart of your account, its authentication and operations. Fraudsters try to replicate your SIM by cloning it or simply conning you to cooperate so that they can get a replacement SIM.
  • Then it’s theirs to get OTPs (one-time passwords) and make digital transactions on your accounts.

SOURCE: TH                       

 

6. RBI ASKS BANKS TO STANDARDISE NPA’S

THE CONTEXT: The Reserve Bank of India (RBI) has directed banks that that loan accounts classified as non-performing assets (NPAs) should be upgraded as ‘standard’ assets only if the entire arrears of interest and principal are paid by the borrower.

THE EXPLANATION:

  • According to the central bank, some lending institutions upgrade accounts classified as NPAs to the ‘standard’ asset category upon payment of only interest overdue and partial overdue.
  • Banks have also been asked to specifically mention in the loan agreements the exact due date of a loan and the breakup of the principal and interest, among others, instead of giving a description of the due dates, which leaves scope for interpretation.
  • Henceforth, all lenders have to clearly mention the exact due dates for repayment, frequency of repayment, break up between the principal and interest, examples of SMA/NPA classification dates etc.

SOURCE: TH                       

INTERNAL SECURITY

7. S-400 TRIUMF LONG-RANGE AIR DEFENCE SYSTEM

THE CONTEXT:   India is preparing for a visit from the Russian President in early December, but it is the arrival of the $5.4-billion Russian long-range surface-to-air missile defence shield “S-400”, that is likely to generate more international headlines.

ABOUT THE DEAL

  • India has contracted five S-400 Triumf (NATO designation SA-21 Growler) regiments from Russia under a $5.43 billion deal signed in October 2018.
  • Delivery was originally slated to begin in 24 months by the end of 2020 but was slightly delayed due to late payments as well as the COVID-19 pandemic.
  • Eventually, both sides worked out a Rupee-Rouble exchange for payments, following which India paid a 15% advance amount, triggering the delivery cycle.
  • The delivery is likely to be completed by April 2023, as informed by the Government in Parliament in July 2019. The final timeline has not been stated.

WHAT IS THE S-400 SYSTEM?

  • S-400 Triumf is considered one of the world’s most advanced air defence systems that can simultaneously track and neutralise a range of incoming objects spanning aircraft, missiles and Unmanned Aerial Vehicles (UAV) over very long ranges.
  • The system can provide air interception against early warning aircraft, airborne missile strategic carriers, tactical and theatre ballistic missiles, medium-range ballistic missiles, among others, in a dense radio countermeasure scenario.
  • Designed by Almaz-Antey Central Design Bureau, the S-400 is a successor to the S-300 system and entered operational service in 2007. In 2015, it was deployed in Syria by Russia to protect its military assets and has also been deployed in Crimea.
  • The S-400 is fully mobile and each system has a 3D phased array acquisition radar that can track around 300 targets up to 600 km, command and control centre, automatic tracking and targeting systems, launchers and support vehicles.
  • Each system has four different types of missiles for up to 40 km, 120 km, 250 km and a maximum range of 400 km and up to 30 km altitude. The different ranges and varying altitudes create a layered air defence net.
  • An S-400 battalion has eight missile launchers, typically with four missiles each. The 30K6E Command and Control elements include the 55K6E combat control post.

WHY IS THE S-400 IMPORTANT FOR INDIA?

  • The S-400 fills important gaps in India’s national air defence network and would complement India’s indigenous Ballistic Missile Defence system developed by the Defence Research and Development Organisation and create a multi-tier air defence over the country.
  • Given its long-range, it means that if deployed towards the Western borders, the system can track movements of Pakistan Air Force aircraft as soon as they take off from their bases.
  • For the Indian Air Force (IAF), the high-end technology S-400 would give a fillip and make up for its falling fighter aircraft squadrons in the medium term.

WILL INDIA BE SANCTIONED FOR THE S-400 PURCHASES?

  • The United States Government has made it clear that the delivery of the five S-400 systems is considered a “significant transaction” under its Countering America’s Adversaries Through Sanctions Act (CAATSA) of 2017, which could trigger sanctions against Indian officials and the Government.
  • The CAATSA is designed to ensure that no country is able to increase military engagement with Iran, North Korea and Russia without facing deterrent punitive action from the U.S. The sanctions are unilateral, and not part of any United Nations decision, and therefore no country is bound to accept them.
  • Section 231 says the President shall impose no fewer than five different sanctions on any Government that enters into a significant defence or intelligence deal with the Russian Government. Section 235 lists 12 options, including stopping credit lines from the U.S. and international banks such as the IMF, blocking sales of licensed goods and technology, banning banks, manufacturers and suppliers, property transactions and even financial and visa sanctions on specific officials.
  • However, the law empowers the President to waive sanctions or delay them if he/she certifies that the deal is not a threat to the U.S. and allies, that waiver of sanctions is in the U.S.’s “vital national security interests” or that the country being sanctioned promises to reduce its future dependence on the “adversary country”.
  • The U.S. has already placed sanctions on China and Turkey for the purchase of the S-400.
  • The Biden administration has not given any firm indication on where it leans on India’s case yet.

SOURCE: TH

 

SCIENCE AND TECHNOLOGY

8. 41ST SCIENTIFIC EXPEDITION TO ANTARCTICA

THE CONTEXT:  India has successfully launched the 41st Scientific Expedition to Antarctica with the arrival of the first batch of its contingent at the southern white continent. The first batch comprising of 23 scientists and support staff reached the Indian Antarctic station Maitri.

THE EXPLANATION:

  • The 41stexpedition has two major programs. The first program encompasses geological exploration of the Amery ice shelf at Bharati station. This will help explore the link between India and Antarctica in the past.
  • The second program involves reconnaissance surveys and preparatory work for drilling of 500 meters of ice core near Maitri. It will help in improving the understanding of Antarctic climate, westerly winds, sea-ice and greenhouse gases from a single climate archive for the past 10,000 years.
  • The ice core drilling will be done in collaboration with the British Antarctic Survey and the Norwegian Polar Institute. In addition to accomplishing scientific programs, it will replenish the annual supplies of food, fuel, provisions, and spares for operations and maintenance of life support systems at Maitri and Bharati.
  • The Indian Antarctic program, which began in 1981, has completed 40 scientific expeditions, and built three permanent research base stations in Antarctica, named DakshinGangotri (1983), Maitri (1988) and Bharati (2012).
  • As of today, Maitri and Bharati are fully operational. The National Centre for Polar and Ocean Research (NCPOR), Goa—an autonomous institute under the Ministry of Earth Sciences—manages the entire Indian Antarctic program.

SOURCE: PIB

 

THE PRELIMS PRACTICE QUESTIONS

Q1.  With reference to the history of India, “Ulgulan” or the Great Tumult is the description of which of the following events? (UPSC Prelims 2020)

a) The Revolt of 1857

b) The Mappila rebellion of 1921

c) The Indigo revolt of 1859 – 60

d) Birsa Munda’s revolt of 1899-1900

 

ANSWER FOR NOVEMBER 15th, 2021 PRELIMS PRACTICE QUESTIONS

Answer: B

Explanation:

Tiger reserves of Arunachal Pradesh:

  1. Namdapha tiger reserve
  2. Kamlang  tiger reserve
  3. Pakke Tiger reserve

Note: Orang tiger reserve is located in Assam.




Ethics Through Current Developments (16-11-2021)

  1. Truth is Self-Evident READ MORE
  2. Positive actions READ MORE



Today’s Important Articles for Geography (16-11-2021)

  1. Delhi air pollution: ‘Urban factors, not farm fires, cause of pollution’ READ MORE
  2. Time to step up on climate adaptation READ MORE 
  3. What happened at CoP26: A complete report card READ MORE



Today’s Important Articles for Sociology (16-11-2021)

  1. The other digital divide READ MORE
  2. Dismantling Casteism: Role of Law in Protecting Students READ MORE



Today’s Important Articles for Pub Ad (16-11-2021)

  1. Exception to the rule: Allowing yearly extensions to heads of CBI, ED will compromise their autonomy READ MORE
  2. Pegasus inquiry must reverse the ‘chilling effect’ READ MORE
  3. Electoral Bonds Are a Threat to Indian Democracy READ MORE



WSDP Bulletin (16-11-2021)

(Newspapers, PIB and other important sources)

Prelim and Main

  1. India launches the 41st Scientific Expedition to Antarctica READ MORE
  2. Birsa Munda believed in modern education and speaking out against societal ills: PM READ MORE
  3. Bird Flu Spreads in Europe and Asia READ MORE
  4. Who was Rani Kamlapati? Gond queen whose name is on railway station opened by PM Modi in Bhopal READ MORE
  5. Delhi air pollution: ‘Urban factors, not farm fires, cause of pollution’ READ MORE

Main Exam

GS Paper- 1

  1. Recognising the role of tribal communities in Indian Independence READ MORE

GS Paper- 2

POLITY AND GOVERNANCE

  1. Exception to the rule: Allowing yearly extensions to heads of CBI, ED will compromise their autonomy READ MORE
  2. Pegasus inquiry must reverse the ‘chilling effect’ READ MORE
  3. Electoral Bonds Are a Threat to Indian Democracy READ MORE

SOCIAL ISSUES AND SOCIAL JUSTICE

  1. The other digital divide READ MORE
  2. Dismantling Casteism: Role of Law in Protecting Students READ MORE

INTERNATIONAL ISSUES

  1. Indo-Pacific: Expand the idea of security READ MORE
  2. South Asian Leaders Have Failed their Region READ MORE

GS Paper- 3

ECONOMIC DEVELOPMENT

  1. Structural inequality and the response to global emergencies READ MORE
  2. Cryptocurrency Needs Calibrated Policy READ MORE
  3. Regional connectivity: An opportunity for India READ MORE

ENVIRONMENT AND ECOLOGY  

  1. Delhi air pollution: ‘Urban factors, not farm fires, cause of pollution’ READ MORE
  2. Time to step up on climate adaptation READ MORE

TECHNOLOGY

  1. Will India’s digital push in agricultural help farmers or help exploit them? READ MORE

SECURITY

  1. Explained | S-400 Triumf long-range air defence system READ MORE

GS Paper- 4

ETHICS EXAMPLES AND CASE STUDY

  1. Truth is Self-Evident READ MORE
  2. Positive actions READ MORE

Questions for the MAIN exam

  1. ‘The greater the inequality of political funding, the greater the chances that public policy is tilted towards the interest of the super rich’. In the light of the statement, discuss, whether Electoral Bonds Are a Threat to Indian Democracy?

  2. How far do you agree with the view that the tenure extension of the head of the investigating agencies will make them less independent? Justify your case.

QUOTATIONS AND CAPTIONS

  • Authority does not come from the loudest voice, but the wisest.
  • Human revolution means turning our lives in a positive direction, from unhappiness to happiness. It is the transformation of the tendency to allow ourselves to be swept along by force of habit or to feel ourselves at the mercy of the whims of destiny. The incredible power to do this already exists inside us.
  • The Government’s complacency in the snooping case is worse than its alleged involvement under the garb of ‘security’.
  • Using criminal spyware is not only a mere violation of Part III rights but is also a serious blow to freedom of the press, expression of dissent by the Opposition, and fearlessness of lawyers to challenge in courts the unconstitutional actions of the state.
  • Law can be a transformative tool in socio-legal issues, and the increasing reportage of caste-based violence in educational institutions should prove a catalyst for ensuring newer and better ways for dismantling the casteist structures in place.
  • Internalising the basic reality that South Asia is one of the most unequal and strife-torn regions of the world should be the starting point for regional leaders.
  • The electoral bonds system allows corporates to anonymously donate theoretically infinite amounts of money to political parties, triggering concerns that the ruling party will return the favour through corporate-friendly public policy.
  • The greater the inequality of political funding, the greater the chances that public policy is tilted towards the interest of the super rich, ignoring the interests of the majority, particularly the poor and the vulnerable.
  • Glasgow meet failed on climate finance. Delay in relief to deal with climate devastation can wipe out people and ecosystems.

50- WORD TALK

  • The Glasgow Pact is a mixed bag. It has aimed to limit global warming to 1.5 degrees but disappointed on climate finance. That makes it hypocritical for rich, historical emitters to villianise India over “phase down” of coal and fossil fuel subsidies. Ultimately, some progress is better than no progress.
  • Central ordinances to extend CBI and ED chiefs’ tenure up to five years are an abuse of executive powers. Provision of three yearly extensions will keep them insecure and therefore, loyal to political masters. These ordinances will further damage the agencies’ credibility. Supreme Court mustn’t allow mockery of its order.
  • Supreme Court’s advice for work-from-home and talk of pollution-induced lockdown in Delhi are no solutions. These are just knee-jerk, lazy and easy band-aids in lieu of sustained government work. Stubble burning, Diwali firecrackers, construction dust – we have heard these reasons for over a decade. Time is running out for Delhi.

Things to Remember:

  • For prelims-related news try to understand the context of the news and relate with its concepts so that it will be easier for you to answer (or eliminate) from given options.
  • Whenever any international place will be in news, you should do map work (marking those areas in maps and also exploring other geographical locations nearby including mountains, rivers, etc. same applies to the national places.)
  • For economy-related news (banking, agriculture, etc.) you should focus on terms and how these are related to various economic aspects, for example, if inflation has been mentioned, try to relate with prevailing price rises, shortage of essential supplies, banking rates, etc.
  • For main exam-related topics, you should focus on the various dimensions of the given topic, the most important topics which occur frequently and are important from the mains point of view will be covered in ED.
  • Try to use the given content in your answer. Regular use of this content will bring more enrichment to your writing.



Day-83 | Daily MCQs | UPSC Prelims | HISTORY

[WpProQuiz 90]



Ethics Through Current Developments (15-11-2021)

  1. PM Modi Tasks Entire Council of Ministers To Suggest Governance Reforms READ MORE
  2. Constitutional Values in Danger Say Former Civil Servants READ MORE



Today’s Important Articles for Geography (15-11-2021)

  1. Explained: What COP26 achieved, didn’t READ MORE
  2. Net-zero commitment has been made. It must now be met READ MORE



Today’s Important Articles for Sociology (15-11-2021)

  1. Nearly 51 million internally displaced in 33 countries in the first half of 2021: UN READ MORE
  2. POCSO’s child-friendly policies are good in theory, but practically we need to do better READ MORE
  3. On the anxiety-driven pursuit of cultural purity READ MORE