TOP 5 TAKKAR NEWS OF THE DAY (27th MAY 2023)

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1. INDEPENDENCE OF JUDICIARY

TAGS: GS 2: JUDICIARY

THE CONTEXT: The Supreme Court has held that the independence of district judiciary is part of the basic structure of the Constitution and judicial independence from the executive and the legislature requires the judiciary to have a say in matters of finances.

EXPLANATION:

• In India, there is a parliamentary form of government which do not make a clear demarcation between legislature and executive but maintain a clear distinction between them and the judiciary.
• The Indian Constitution specifically directs the state to separate the judiciary from the executive in the public services of the State.
• As such Indian constitution does not explicitly states the independence of the judiciary but in keshavanada Bharti’s case this is considered a part of the Basic Structure of the Indian constitution.
• Rule of law and independence of the judiciary is the basic feature of the constitution, and one cannot separate them even not through a constitutional amendment.

Cases where the principle of independence of the judiciary is laid down:

• In the case of Supreme court Advocate on Record Association and other vs Union of India

(1993), the court observe that the independence of the judiciary is important to have efficient democracy and could able to function in a good way. And stated that the powers and rights of the legislature and executive should not hamper the functioning of the judiciary.

• In the case of SP Gupta vs Union of India (1982), the court held the judges who are sitting to uphold the law must be working in a fearless way which is the basic feature of the independence of the judiciary.

The Supreme Court

• The Supreme Court of India comprises the chief justice and thirty other judges.
• These judges are appointed by the President of India after consultation with judges of the supreme court and of the high courts of the state.
• For the appointment of judges, the chief justice is the person who is consulted.
• The retirement period for judges starts after 65 years of age. They can be removed earlier also the process of removal can be possible on the grounds of misconduct or incapacity of the Judge by the order of the president with a special majority in the Parliament.
• Administrative expenses of the court such as salaries and pensions of the judges and other staff are taken from the consolidated fund of India and can be altered by the Parliament.

The High courts

• The constitution provides for a High Court for each State, though Parliament is also authorized to establish a common High Court for two or more States or two or more States and a Union Territory.
• High court judges are appointed by President after consultation with the chief justice of India, the governor of the state and the chief justice of the high court.
• The high court judges can function till the age of 62. They hold this tenure on basis of good behaviour and can be removed in the same manner in which the Supreme Court Judge can be removed.
• The salaries and pensions of high court judges are mentioned in the Constitution and can be altered by Parliament. High court judges may be transferred from one high court to another.
• The high court has original and appellate jurisdiction and can issue writs if fundamental rights are violated. Same to the Supreme Court.
• The administrative expenses like salaries, and pensions of judges of the high court are taken from the consolidated fund of the Indian state.

District Court:

• The Governor of the state in consultation with the high court appoints District Court Judge.
• Only a person who is either already in the legal service of the Union or of the State or has been an advocate for at least seven years and is recommended by the High Court can be appointed a district judge.
• These courts dispense justice at the district level. These courts are under the control of high courts present in the states.
• Decision by District Court is subject to appeal and the appeal went to the high court. The control of the District Court and courts below it, like the position and promotion of judges vested in the hands of the high court. The Governor of a State may apply these provisions even to the magistrates in that State.[18]
  Article 233[19] of the constitution deals with the appointment of district judges.

Basic Structure of Constitution:

• In 1973, a 13-judge Constitution Bench ruled in Kesavananda Bharati v. State of Kerala that Article 368 of the Constitution does not enable Parliament to amend the basic framework of the document.
• The historic ruling came to be known as the “basic structure” doctrine a judicial principle that the Constitution has certain basic features that cannot be altered or destroyed by amendments by Parliament.
• Over the years, various facets of the basic structure doctrine have evolved, forming the basis for judicial review of Constitutional amendments.

Kesavananda judgement listed some basic structures of the constitution as:

• Supremacy of the Constitution
• Unity and sovereignty of India
• Democratic and republican form of government
• Federal character of the Constitution
• Secular character of the Constitution
• Separation of power
• Individual freedom

Over time, many other features have also been added to this list of basic structural features. Some of them are:

• Rule of law
• Judicial review
• Parliamentary system
• Rule of equality
• Harmony and balance between the Fundamental Rights and DPSP
• Free and fair elections
• Limited power of the parliament to amend the Constitution
• Power of the Supreme Court of India under Articles 32, 136, 142 and 147
• Power of the High Court under Articles 226 and 227

2. X-RAY POLARIMETER SATELLITE (XPoSat) MISSION

TAGS: GS 3: SCIENCE AND TECHNOLOGY

THE CONTEXT: The Indian Space Research Organisation is collaborating with the Raman Research Institute (RRI), Bengaluru, an autonomous research institute, to build the X-Ray Polarimeter Satellite (XPoSat)

EXPLANATION:

What is the XPoSat mission?

• It is India’s first, and only the world’s second polarimetry mission that is meant to study various dynamics of bright astronomical X-ray sources in extreme conditions.
• By measuring the polarisation of these X-rays, it can be studied where the light came from and understand the geometry and inner workings of the light source.

XPoSat’s payloads:

• The spacecraft will carry two scientific payloads in a low earth orbit.
• POLIX (Polarimeter Instrument in X-rays)
• It is primary payload and it will measure the polarimetry parameters i.e degree and angle of polarization in medium X-ray energy range of 8-30 keV photons of astronomical origin.
• The payload is being developed by RRI in collaboration with ISRO’s U R Rao Satellite Centre (URSC) in Bengaluru.
• POLIX is expected to observe about 40 bright astronomical sources of different categories during the planned lifetime of XPoSat mission of about 5 years. This is the first payload in the medium X-ray energy band dedicated for polarimetry measurements.
• XSPECT (X-ray Spectroscopy and Timing) payload
• It is secondary payload and it will give spectroscopic information on how light is absorbed and emitted by objects) in the energy range of 0.8-15 keV.
• It would observe several types of sources, such as X-ray pulsars, blackhole binaries, low-magnetic field neutron star, etc.

Aims of the mission:

• The emission mechanism from various astronomical sources such as blackhole, neutron stars, active galactic nuclei, pulsar wind nebulae etc. originates from complex physical processes and are challenging to understand.
• While the spectroscopic and timing information by various space based observatories provide a wealth of information, the exact nature of the emission from such sources still poses deeper challenges to astronomers.
• The polarimetry measurements add two more dimension to our understanding, the degree of polarization and the angle of polarization and thus is an excellent diagnostic tool to understand the emission processes from astronomical sources.
• The polarimetric observations along with spectroscopic measurements are expected to break the degeneracy of various theoretical models of astronomical emission processes. This would be the major direction of research from XPoSat by Indian science community.

NASA’s Imaging X-ray Polarimetry Explorer (IXPE):

• The other such major mission is NASA’s Imaging X-ray Polarimetry Explorer (IXPE) that was launched in 2021.
• IXPE carries three state-of-the-art space telescopes. Each of the three identical telescopes hosts one light-weight X-ray mirror and one detector unit.
• These will help observe polarized X-rays from neutron stars and supermassive black holes.

How are X-Rays witnessed in space?

• X-rays have much higher energy and much shorter wavelengths, between 0.03 and 3 nanometers, so small that some x-rays are no bigger than a single atom of many elements.
• The physical temperature of an object determines the wavelength of the radiation it emits.
• The hotter the object, the shorter the wavelength of peak emission.
• X-rays come from objects that are millions of degrees Celsius such as pulsars, galactic supernova remnants, and black holes.
• Like all forms of light, X-rays consist of moving electric and magnetic waves.
• Usually, peaks and valleys of these waves move in random directions. Polarised light is more organised with two types of waves vibrating in the same direction. It adds that fishermen use polarised lenses to reduce glare from sunlight when they are near water.
• The field of polarimetry studies the measurement of the angle of rotation of the plane of polarised light that is, a beam of light in which the vibrations of the electromagnetic waves are confined to one plane that results upon its passage through certain transparent materials.

3. ORGANIC PRODUCT CERTIFICATION IN INDIA

TAGS: PRELIMS PERSPECTIVE

THE CONTEXT: A European Union (EU) audit has found “many weaknesses” in the certification of Indian organic products for exports to the EU, including farmers who are part of organic producer groups (PGs) knowing nothing about organic farming. An audit, carried out by the EU’s DG Health and Food Safety during November 14-25 in 2022, found the weaknesses in the supervision and implementation of the controls at various levels.

EXPLANATION:

Two types of organic certifications systems have been developed for quality assurance of organic products in country:

• Third Party Certification by Accredited Certification Agency under National Programme for Organic Production (NPOP) under Ministry of Commerce and Industry for development of export market.
• Participatory Guarantee System (PGS-India) under Ministry of Agriculture and farmers Welfare for meeting the demand of domestic market.

National Programme for Organic Production (NPOP):

• NPOP was launched during 2001 by the Government of India under Ministry of Commerce and Industry.
• The Agricultural and Processed Food Products Export Development Authority (APEDA), under Ministry of Commerce & Industries, Government of India is implementing the National Programme for Organic Production (NPOP).
• The programme involves the accreditation of Certification Bodies, standards for organic production, promotion of organic farming and marketing etc.
• NPOP is third party certification programme where the production and handling of activities at all stages such as production, processing, trading and export requirements for organic products is covered.  Also, the system for grading and quality control of organic products is equivalent to conventional products.
• It also ensures that the system effectively works and is monitored on regular basis.
• The NPOP standards for production and accreditation system have been recognized by European Commission and Switzerland for unprocessed plant products as equivalent to their country standards.
• With these recognitions, Indian organic products duly certified by the accredited certification bodies of India are accepted by the importing countries.

PGS-India programme

• Under PGS-India programme, Government is implementing Participatory Guarantee System of India (PGS-India) as a quality assurance initiative for certification of organic produce that is locally relevant, emphasizing the participation of stakeholders, including producers or farmers and consumers and operate outside the frame of third-party certification.
• In the operation of PGS-India, stakeholders including farmers or producers are involved in decision making and essential decisions about the operation of the PGS-India certification itself by assessing, inspecting and verifying the production practices of each other and collectively declare produce as organic.
• Food Safety Regulation has made it mandatory for organic products to be certified under NPOP or PGS for being sold in the domestic market under Jaivik Bharat logo.
• To ensure end-to-end traceability as per the requirements of regulatory framework under Food Safety Standard (FSS [Organic Foods] Regulation 2017, PGS-India programme also provides uninterrupted chain of custody, starting from producer groups till the products are processed and finally packed into retail packs.

4. GLOBAL ALLIANCE OF NATIONAL HUMAN RIGHTS INSTITUTIONS (GANHRI)

TAGS: PRELIMS PERSPECTIVE

THE CONTEXT: For the second time in a decade, the U.N.-recognised Global Alliance of National Human Rights Institutions (GANHRI) deferred the accreditation of National Human Rights Commission, India (NHRC-India) citing objections like political interference in appointments, involving the police in probes into human rights violations, and poor cooperation with civil society.

EXPLANATION:

• As reported, GANHRI’s letter to the NHRC cited lack of diversity in staff and leadership, and insufficient action to protect marginalised groups, as reasons for the deferment of the accreditation.
• This came two months after seven human rights watchers/institutions wrote to GANHRI objecting to NHRC India’s ‘A’ rank.
• They also raised concerns regarding the commission’s lack of independence, pluralism, diversity and accountability that are contrary to the U.N.’s principles on the status of national institutions the ‘Paris Principles’.

Paris Principles:

• The United Nations Paris Principles, adopted in 1993 by the U.N. General Assembly, provide the international benchmarks against which National Human Rights Institutions (NHRI) can be accredited.
• The Paris Principles set out six main criteria that NHRIs are required to meet. These are: mandate and competence; autonomy from government; independence guaranteed by a statute or Constitution; pluralism; adequate resources; and adequate powers of investigation.

Global Alliance of National Human Rights Institutions (GANHRI)

• At the International Conference held in Tunis in 1993, NHRIs established the International Coordinating Committee of NHRIs (ICC) with the aim to coordinate the activities of the NHRI network. In 2016, the ICC changed its name into Global Alliance of National Human Rights Institutions (GANHRI).
• It is a representative body of national human rights institutions from all parts of the globe.
• The organisation is incorporated as a non-profit organisation under Swiss law. Its Statute, adopted in March 2009, sets out its objectives and how it operates.
• Its aim is to assist in establishing and strengthening independent and effective NHRIs, which meet the international standards set out in the Paris Principles.
• The positions of GANHRI Chairperson and Secretary are served on a rotational basis by representatives nominated by the four regional coordinating committees: Europe, Africa, the Americas and the Asia Pacific.
• The National Institutions and Regional Mechanisms Unit of OHCHR acts as GANHRI secretariat.
• GANHRI has a permanent representative in Geneva to support and facilitate the participation of NHRIs in the UN Human Rights Council and its human rights mechanisms.
• GANHRI encourages joint activities and cooperation among NHRIs; organises international conferences; liaises with the United Nations and other international organisations; assists NHRIs under threat; and, where requested, assists governments to establish NHRIs.
• The operations of GANHRI are managed by its Bureau, which is comprised of representatives from each of the four regional groupings: Africa, Americas, Europe and the Asia Pacific.
• Each regional grouping is represented by elected representatives from four ‘A status’ NHRIs.
• A key role of the Bureau is to assess applications for membership of the ICC. It also reviews and determines the accreditation status of NHRIs, following a recommendation from the Sub-Committee on Accreditation.
• In addition, the Bureau collaborates with the Office of the High Commissioner for Human Rights (OHCHR), in particular the National Institutions and Regional Mechanisms Unit, to facilitate the participation of NHRIs in the United Nations Human Rights Council.
• Bureau meetings are usually held twice a year; the first in conjunction with the first quarter session of the UN Human Rights Council and the second in conjunction with one of the NHRI regional network’s meetings.
• The GANHRI consists of sixteen, ‘A’ status NHRIs, four from each region, namely, the Americas, Europe, Africa, and the Asia-Pacific. ‘A’ status accreditation also grants participation in the work and decision-making of the GANHRI, as well as the work of the Human Rights Council and other U.N. mechanisms.
• The NHRC-India has been set up under the Protection of Human Rights Act passed by Parliament in 1993. It has been accredited as an ‘A’ Status NHRI since the beginning of the accreditation process for NHRIs in 1999, which it retained in 2006, 2011, and in 2017 also after a deferment.
• NHRC-India said that the GANHRI, through the Sub-Committee on Accreditation (SCA) is responsible for reviewing and accrediting NHRIs in compliance with the Paris Principles every five years. As part of this process, the review of the NHRC-India was due in March 2023 for its reaccreditation, which has been deferred for a year, meaning thereby no final decision has been taken as yet.

National Human Rights Commission:

• National Human Rights Commission is a public body which is constituted in 1993 after a thorough assessment of needs for establishing such bodies in order to address the human rights related issues and by keeping in consideration the ways and measures to apply for their protection.
• It was given complete statutory basis by The Protection of Human Rights Act, 1993 (TPHRA).

Composition of NHRC:

• A Chairperson who is a retired Chief Justice of India
• One Member who is or has been a Judge of the Supreme Court
• One Member who is or has been the Chief Justice of a High Court
• Two persons having knowledge or practical experience in matters relating to Human Rights.
• The President appoints the chairperson and the members of National Human Rights Commission, for which a committee nominates the names. This committee consists of Chairperson, the Prime Minister and the members including Home Minister, Leader of the Opposition in Lok Sabha, Leader of the Opposition in Rajya Sabha, Speaker and the Rajya Sabha Deputy Chairman.
• Further in addition to this, the Chairperson of the National Commission for Minorities, the National Commission for the Scheduled Castes and Scheduled Tribes and the National Commission for Women are deemed to be members of the National Human Rights Commission for the discharge of specific functions laid down.

Functions of NHRC:

• Inquire, on its own initiative or on a petition presented to it by a victim or any person on his behalf, into complaint of Violation of human rights or abetment or negligence in the prevention of such violation, by a public servant
• Intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court
• Review the safeguards by or under the Constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation
• Review the factors, including acts of terrorism that inhibit the enjoyment of human rights and further recommend appropriate remedial measures on the same
• Study treaties and other international instruments on human rights and make recommendations for their effective implementation
• Spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means
• Encourage the efforts of non – Governmental organizations and institutions working in the field of human rights
• Undertake and promote research in the field of human rights
• Other functions considered necessary for promotion of human rights

5. OPEN RADIO ACCESS NETWORKS

TAGS:  PRELIMS PERSPECTIVE

THE CONTEXT: The Quad leaders, at their Summit in Hiroshima made a significant announcement to strengthen security architecture for open Radio Access Networks or RAN beginning with Palau in the Pacific Region.

EXPLANATION:

• Open Radio Access Networks (RAN) is a new approach to building mobile networks that are needed to connect smartphones and devices to the internet and other users.
• An Open Radio Access Network (ORAN) is a nonproprietary version of the Radio Access Network (RAN) system that allows interoperation between cellular network equipment provided by different vendors.

How is it better than RAN?

• In the traditional set-up, Radio Access Network is provided as an integrated platform of both hardware and software. Therefore, it is difficult to mix vendors for the radio and baseband unit, and in most cases, they come from the same supplier.
• The idea of Open RAN is to change this and enable operators to mix and match components. It goes a step further by opening the interfaces inside the base station. The Open RAN architecture allows for the separation or disaggregation between hardware and software with open interfaces.
• RAN has been based on proprietary technologies of original equipment makers such as Ericsson, Nokia, etc. With Open RAN, telecom players would have the flexibility to use in-house solutions or solutions from multiple vendors for RAN services.
• This would allow telecom operators to look beyond traditional vendors, thus creating opportunities for lesser-known vendors from abroad as well as from home to be part of the growing 5G ecosystem, based on their innovation competence.
• Network flexibility is another advantage of the Open RAN architecture. Being software-centric, it is scalable, agile and best of networks with improved network performance using artificial intelligence and machine learning.

How it works?

• Open Radio Access Network or Open RAN is a key part of a mobile network system that uses cellular radio connections to link individual devices to other parts of a network.
• It comprises antennae which transmits and receives signals to and from our smartphones or other compatible devices.
• The signal is then digitised in the RAN-base station and connected to the network.

Issues:

• Latency issues
• operations and maintenance
• servicing and maintaining a multi-vendor architecture