Table of Contents
1. APPOINTMENT OF JUDGES
TAG: GS 2: POLITY
THE CONTEXT: According to the Supreme Court the judiciary is losing fresh talent like never before as prospective candidates shortlisted for judgeships in High Courts give up as months tick by without a decision from the government.
EXPLANATION:
- The Supreme Court of India has set a deadline for the government to take action on pending recommendations for judgeships, transfers of high court judges, and the appointment of a chief justice.
- The recommendation for judgeships was made by the High Court Collegiums, which have been pending with the government for over 10 months, since November 2022.
What is the Collegium system?
- It is a system under which appointments and transfers of judges are decided by a forum of the Chief Justice of India and the four senior-most judges of the Supreme Court. It has no place in the Indian Constitution.
- The word Collegium is nowhere mentioned in the Constitution, it has come in force as per Judicial Pronouncement.
- The origin of the concept for establishment of the system may be traced by the recommendations of the Bar Council of India made on 17 October 1981, during a national seminar of the lawyers at Ahmedabad.
- The Collegium consists of:
- The Chief Justice of India
- Four senior Judges of the Supreme Court
- Two representatives who would be representing the Bar Council of India and the Supreme Court Bar Association.
- The collegium recommendations to the President regarding appointment of a Supreme Court or High Court Judge.
Criticism of Collegium system:
- The Collegium System has been criticized for its opacity and lack of openness.
- There is scope of nepotism in collegium system.
- The judiciary has total authority over the nomination process under the collegium system, which functions without any external checks and balances.
- The collegium system has also come under criticism for being ineffective at handling transfers and appointments, which causes vacancies in the judiciary and delays in the administration of justice.
Strength and Composition of the Supreme Court:
- The Supreme Court was initially composed of eight justices, including one chief justice.
- The number of judges has grown throughout time due to the Parliament.
- Currently, there are 34 judges on the Supreme Court, including the Chief Justice.
Constitutional provision regarding appointment of Judges:
- Article 124 deals with the appointment of Supreme Court judges. It says the appointment should be made by the President after consultation with such judges of the High Courts and the Supreme Court as the President may deem necessary. The CJI is to be consulted in all appointments, except his or her own.
- 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.
2. BLACK SEA GRAIN INITIATIVE
TAG: GS 2: INTERNATIONAL RELATION
THE CONTEXT: Disruption in Black Sea Grain Initiative can worsen food security across the Middle East, North Africa.
EXPLANATION:
- Many countries in the Middle East and North Africa regions are experiencing severe food crises due to inability to afford food and exposure to the negative effects of conflict and trade dynamics in the Black Sea.
- The expanding population and growing demand for important food items, these countries were faced with food insecurity for decades.
- India also banned rice export to protect local supply.
- The combined shocks of above issues may result in the beginning of an era of unprecedented food inflation in the Middle East and North Africa region.
Black Sea Grain initiative:
- The Black Sea Grain initiative aims to address rising food costs brought on by supply chain interruptions as a result of Russian actions in the “breadbasket” of the globe.
- The agreement, which was mediated by the UN and Turkey, was signed in Istanbul in July 2022.
Objective:
- The agreement, which was initially set up for a duration of 120 days, was intended to give Ukrainian exports (especially those of food grains) a secure maritime humanitarian corridor.
- The main goal was to control market volatility by assuring a sufficient supply of grains and preventing an increase in food prices.
Why is the Black Sea Grain Initiative Important?
- Ukraine is one of the world’s top exporters of rapeseed, sunflower oil, sunflower seeds, and wheat.
- It may directly contact grain importers from the Middle East and North Africa, as well as Russia and Europe, due to its access to the deep-sea ports in the Black Sea.
- The initiave has also been praised for making a significant difference in the world’s affordability dilemma.
- Since the initiative started, almost 9.8 million tonnes of grains have been transported.
- The occupied Palestinian Territories, Tunisia and Egypt have a historical dependence on grain exports from Russia and Ukraine.
- Due to the shortage of supplies, those who had been stockpiling grain in the hopes of selling it for a significant profit were suddenly forced to do so.
3. ANGEL TAX
TAG: GS 3: ECONOMY
THE CONTEXT: The Income Tax Department has notified new angel tax rules that comprise a mechanism to evaluate the shares issued by unlisted startups to investors. Rule 11UA for valuation of shares for the purposes of section 56 of the Act has been modified via a notification.
THE KEY HIGHLIGHTS OF THE CHANGES IN RULE 11 UA ARE:
- The Finance Act, 2023 amended the Income Tax Act 1961 which provided for payment of income tax by unlisted companies.
- The tax needs to be paid on the difference between the fair market value(FMV) of shares and the consideration received for shares.
- The notification adds that the tax needs to be paid only when the consideration exceeds the fair market value.
- The introduction of five alternative valuation methods for equity shares will give merchant bankers more flexibility to value a company.
- Under Rule 11UA, five more valuation methods have been made available for non-resident investors, namely;
a) Comparable Company Multiple Method,
b) Probability Weighted Expected Return Method,
c) Option Pricing Method,
d) Milestone Analysis Method,
e) Replacement Cost Method.
- FMV of the equity shares for resident and non-resident investors, subject to the following:
(i) To the extent the consideration from such FMV does not exceed the aggregate consideration that is received from the notified entity, and
(ii) The consideration has been received by the company from the notified entity within a period of ninety days before or after the date of issue of shares which are the subject matter of valuation.
- The government has also offered a 10% tolerance for deviations from the accepted share valuations. This means that a startup can be valued at up to 10% more than its fair market value without being liable for angel tax.
Angel tax:
- Angel tax, introduced in 2012, refers to tax levied on capital raised by unlisted companies.
- Objective was to deter generation and use of unaccounted money through subscription of shares of a closely held company, at a value which is higher than fair market value.
- Prior to 2023 Budget proposal, angel tax provisions were applicable only for investments received from resident investors.
- However, Finance Bill 2023 has now extended its applicability to non-resident investors as well.
4. WELFARE OF TRANSGENDER PERSONS
TAG: GS 2: SOCIAL JUSTICE
THE CONTEXT: The National Human Rights Commission (NHRC) on September 26. 2023 issued an advisory to the Centre, State governments and Union Territory Administrations to ensure the welfare of transgender persons.
EXPLANATION:
- The National Human Rights Commission (NHRC) has issued an advisory on the welfare of transgender persons, calling for a number of measures to protect their rights and ensure their welfare.
- Some of the key recommendations of the NHRC include:
- Separate toilets: Provision of separate toilets for transgender persons in all public places.
- Free sex reassignment surgery: Ensuring that transgender persons have access to free sex reassignment surgery.
- Pension rights and Inheritance rights: Granting transgender persons pension rights. Allowing transgender persons to inherit ancestral agricultural land.
- Multi-purpose identity card and Insurance: Providing a multi-purpose identity card to transgender persons to help them access government schemes and other benefits. Advising insurance companies to consider and accept the Transgender Certificate issued by the appropriate authority for document verification purposes.
- Transgender Welfare Board and Transgender Protection Cell: Setting up a Transgender Welfare Board under Section 10(1) of the Transgender Persons (Protection of Rights) Rules, 2020. Establishing a Transgender Protection Cell under the Director General of Police or his/ her nominee in the State to monitor cases of offences against transpersons.
- Respect and dignity: Ensuring that transpersons are treated with respect and dignity so that they do not face hurdles in education and growth. Taking steps to tackle the sexual harassment of transgender persons and prevent violence or discrimination.
- Medical boards: Setting up medical boards at the district level to assist transpersons in medical consultation, besides making provisions in every district civil hospital for consultation, treatment and counselling for sex reassignment surgery.
- Corporate Social Responsibility (CSR): Advising the Ministry of Corporate Affairs to consider incorporating welfare activities of Transgender Persons explicitly in Schedule VII of the Companies Act, 2013, which provides the list of activities that can be included for making expenditures for CSR activities.
- These recommendations are a welcome step towards ensuring the welfare of transgender persons in India.
- Transgender persons are often marginalized and discriminated against, and these measures will help to protect their rights and ensure that they have access to the same opportunities as everyone else.
- The NHRC’s advisory is a significant step in raising awareness of the challenges faced by transgender persons and promoting their rights.
Transgender Persons (Protection of Rights) Act, 2019:
- The Act calls for establishing a National Council for Transgender persons (NCT).
- No transgender person shall be separated from parents or immediate family on the ground of being a transgender.
- The Act also seeks to provide rights of health facilities to transgender persons including separate HIV surveillance centres, and sex reassignment surgeries.
- The Bill prohibits discrimination of transgenders in relation to opportunities for education, job, health care services, and access to services etc.
- Every person has a right to be recognized as a transgender.
- A certificate of identity has to be obtained from the District Magistrate, who will issue the certificate based on the District Screening Committee.
- Penal Provisions: it criminalizes: (i) begging, forced or bonded labor (ii) denial of use of a public place; (iii) denial of residence in the household, village, etc.; (iv) physical, sexual, verbal, emotional and economic abuse.
5. “ciTRAN” A SPECIFIC CIRCULAR RNA
TAG: GS 3: SCIENCE AND TECHNOLOGY
THE CONTEXT: Recently, researchers from the Indian Institute of Science Education and Research Bhopal (IISER Bhopal) identified a specific circular RNA (circRNA) called ‘ciTRAN’, which plays a crucial role in the multiplication of the AIDS-causing HIV-1 virus within the human body.
EXPLANATION:
- The research shows how ciTRAN helps the process of copying genetic information from the virus, essentially helping the virus multiply more efficiently.
- HIV-1 infects human cells by binding to a protein called CD4.
- Once the virus has entered the cell, it releases its genetic material, which is RNA.
- The virus then uses the cell’s machinery to copy its RNA and produce new viruses.
- ciTRAN helps HIV-1 to copy its RNA by stabilizing a protein called Rev.
- Rev is a protein that is essential for the transport of HIV-1 RNA from the nucleus of the cell to the cytoplasm, where the virus assembles and buds from the cell membrane.
- ciTRAN binds to Rev and prevents it from being degraded. This helps to ensure that Rev is available to transport HIV-1 RNA to the cytoplasm, which is essential for the virus to multiply.
CIRCULAR RNA:
- Ribonucleic acid is a molecule in living cells that carries genetic information and helps in the production of proteins.
- RNAs are in general straight-chain, free-end structures but these circular RNA (‘circRNA’) forms a closed-loop.
- The circRNA plays a pivotal role in regulating gene expression and is essential for various biological processes.
- Its role in HIV-1 replication has remained unclear for a long time.
- Characterizing circular RNA can be tricky because it usually is less abundant, making it further challenging to detect in the native form.
- During viral infections, there’s so much information from the virus that it can make it hard to find the less common ones like circular RNA.
HIV AND AIDS:
- Human immunodeficiency virus (HIV) is an infection that attacks the body’s immune system.
- Acquired immunodeficiency syndrome (AIDS) is the most advanced stage of the disease.
- HIV targets the body’s white blood cells, weakening the immune system. This makes it easier to get sick with diseases like tuberculosis, infections and some cancers.
- HIV is spread from the body fluids of an infected person, including blood, breast milk, semen and vaginal fluids. It can also spread from a mother to her baby.
- HIV can be treated and prevented with antiretroviral therapy (ART). Untreated HIV can progress to AIDS, often after many years.
- WHO now defines Advanced HIV Disease (AHD) as CD4 cell count less than 200cells/mm3 or WHO stage 3 or 4 in adults and adolescents. All children with HIV younger than 5 years of age are considered to have advanced HIV disease.
PRESENT SITUATION REGARDING HIV AND AIDS:
- The present situation on HIV is that it is a global pandemic that continues to affect millions of people around the world.
- In 2022, there were an estimated 39.0 million people living with HIV, and 1.5 million new HIV infections.
- However, there has been significant progress in the fight against HIV in recent years.
- The number of new HIV infections has declined by 59% since 2001, and the number of AIDS-related deaths has declined by 69% since 2004.
- This progress is due in part to the widespread availability of antiretroviral therapy (ART), which can suppress HIV replication and allow people with HIV to live long and healthy lives.
- However, there are still significant challenges to overcome in the fight against HIV.