CONTENTS SUPACE #Judiciary #AI 27 APP TO VIEW SC PROCEEDINGS 01 #Judiciary #Live Stream #Court Proceedings 27 SC ON NGT #NGT #Judgment 28 # G S P a p e r ( P r e l i m s ) & G S P a p e r I I ( Ma i n ) INDIA AND RUSSIA #Bilateral Relations 02 INDIA AND US: FONOP #Geopolitics # Bilateral Relations 03 INDIA AND PAKISTAN #Bilateral Relations 05 BIMSTEC WORLD PRESS FREEDOM INDEX REPORT 2021 #Index #Governance 30 NEW CEC APPOINTED #CEC #Election 31 TRIBUNALS REFORMS #Tribunal #Governance 33 PRACTICE QUESTIONS 34 #Organization 07 MULTIPOLARITY AND MIDDLE POWERS #Geo Politics 09 35 SUPPLY CHAIN RESILIENCE INITIATIVE #Grouping 10 HEART OF ASIA #Geopolitics 11 PRACTICE QUESTIONS 12 13 # G S P a p e r ( P r e l i m s ) & G S P a p e r I I I ( Ma i n ) CAPITAL EXPENDITURE #Government Policies 35 IPR WAIVER ON COVID DRUGS #TRIPS 37 INVERSE FORK-TO-FARM STRATEGY #Agriculture 39 # GS Paper (Prelims) & GS Paper II (Main) JUSTICE N.V. RAMANA APPOINTED AS CJI #Judiciary #CJI #Collegium #Master of the Roster #Judgments 13 SC ALTERS MEMORANDUM OF PROCEDURE #Judiciary #MOP 18 AD HOC JUDGES IN HIGH COURT #Judiciary #Appointments 22 SYSTEM OF RICE INTENSIFICATION #Agriculture 40 LARGE AREA CERTIFICATION SCHEME #Agriculture 41 GLOBAL MINIMUM CORPORATE TAX #Public Finance 42 GST COLLECTIONS #Public Finance 44 i RBI’S MONETARY POLICY # Banking 46 WAYS AND MEANS ADVANCES (WMA) # Banking 47 MICRO-FINANCE INSTITUTIONS (MFIs) # Banking 48 EMERGENCY CREDIT LINE GUARANTEE SCHEME (ECLGS) # Banking 49 RACIAL DISCRIMINATION #Tolerance #Discrimination #Social Cohesion # Fraternity 61 EATSMART CITIES CHALLENGE #Health & Disease # behavioural change towards food safety 62 MALARIA ELIMINATION #Malaria # Vector borne disease 63 PRACTICE QUESTIONS 64 PLI SCHEME FOR WHITE GOODS #Manufacturing 50 PRICING OF PHARMACEUTICAL DRUGS 65 #Govt Polices 51 CURRENCY WATCH LIST #External Sector 52 E-Santa 52 AGRICULTURE INFRASTRUCTURE FUND 53 SWAMITVA SCHEME 53 KVIC 53 SMALLCASES 54 COTTON SEED PRICE (CONTROL) ORDER 54 PRACTICE QUESTIONS 54 # G S P a p e r ( P r e l i m s ) & G S P a p e r I I I ( Ma i n ) COVID-19 REINFECTION #Science 65 OXYGEN CONCENTRATORS AND VENTILATORS #Health #Science 67 MEDICAL OXYGEN #Health #Science 68 CT VALUE #Health #Technology 69 MATERNAL MORTALITY #Health #Science 70 56 POST-VACCINE BLOOD CLOTS #Health #Science 70 WORLD HAEMOPHILIA DAY #Health #Science 71 # G S P a p e r I & G S P a p e r I I ( Ma i n ) GLOBAL GENDER GAP REPORT 2021 #Gender Gap #Social Justice 56 NATIONAL POLICY FOR RARE DISEASES, 2021 #Rare disease #Health & Disease 56 PMAY-G NATIONAL POLICY FOR RARE DISEASES, 2021 #Health #Science #Policy 71 BRUCELLOSIS #Health #Science 73 ANTIMICROBIAL RESISTANCE #Health #Science 73 #Affordable Housing #Social justice 58 MONKEYDACTYL PNEUMOCOCCAL CONJUGATE VACCINE #Space 75 #Vaccine #Health & Disease 58 SARTHAQ #Education #Teachers’ Quality 59 WORLD POPULATION REPORT 2021 #Social Issues #Population 59 MIGRANT WORKERS ARE REGARDED AS 'OUTSIDERS': NHRC REPORT #Social Justice #Migrant Workers 60 AZHDARCHID PTEROSAURS #Biology #Science 75 TIKI FORMATION #Biology #Science 76 SPACE STATION #Space #Science #Technology 76 CREW-2 MISSION #Space #Science #Technology 78 ii MUONS PRACTICE QUESTIONS 99 #Physics #Science 79 INGENUITY HELICOPTER #Space 80 101 WOLF–RAYET STARS #Space 81 NLS1 GALAXY #Space 82 ADITYA-L1 #Space #Science #Technology 83 GAGANYAN MISSION #Space #Science #Technology 84 NATIONAL INTERNET EXCHANGE OF INDIA (NIXI) #Biology #Science 84 WHITEST PAINT #Biology #Science 85 XENOBOTS #Technology #BioMedicine 86 PRACTICE QUESTIONS 87 # GS Paper (Prelims) & GS Paper I (Main) ARCHAEOLOGICAL SURVEY OF INDIA (ASI) 101 BHITARGAON BRICK TEMPLE 102 BRIHADEESWARAR TEMPLE 102 BIBI KA MAQBARA 102 CHAUKHANDI STUPA 102 ELEPHANTA CAVES 103 GOLCONDA FORT 103 JAGANNATH PURI TEMPLE 103 KHAIR-UL-MANAZIL MOSQUE 104 KONARK SUN TEMPLE 104 LAKSHMI NARASIMHA TEMPLE 104 88 LALITGIRI MUSEUM 104 MALCHA MAHAL 105 MAMALLAPURAM 105 ORCHHA 106 # GS Paper (Prelims) and GS Paper I & I I I ( Ma i n ) GROUND WATER CHALLENGES IN INDIA #Ground Water Conservation 88 NITI VALLEY #Map Location 92 FOREST FIRES #Forestry 93 PARIS CLIMATE DEAL- STATUS #Climate Change 94 IRRAWADDY DOLPHIN #Biodiversity 97 e-FUEL PADMANABHASWAMY TEMPLE 106 PHUTI MASJID 106 PURANA QILA 106 QILA RAI PITHORA 107 RAMAPPA TEMPLE 108 RANI KI VAV 108 RED FORT, DELHI 108 SHER SHAH GATE 109 SURANGA BAWADI 109 TAWANG MONASTERY 110 VEERABHADRASWAMY TEMPLE, MOTUPALLI 110 VITTALA TEMPLE 110 #pollution 97 CARACAL #conservation 98 111 INTEGRATED DEVELOPMENT OF WILDLIFE HABITATS #wildlife conservation 99 # G S P a p e r I I I ( Ma i n ) iii FOCUS ON DEFENCE EXPORTS #Security #Policy # Partnership 111 CASE STUDIES for Practice MAINS GS PAPER IV 123 SINGLE CRYSTAL BLADES TECHNOLOGY #Defence Technology #Innovation 112 P-8I PATROL AIRCRAFT #Defence #Technology 113 NANOSNIFFER #Technology 113 126 ESSAY 1: ROLE OF OPPOSITION IN A DEMOCRACY # Legislature 127 ESSAY 2: RIGHT CONDUCT OF A CIVIL SERVANT IS AN ENABLER FOR GOOD GOVERNANCE # Governance 129 ESSAY 3: TECHNOLOGY CANNOT REPLACE MANPOWER # Science 132 115 NEED OF ETHICS IN MEDIA ESSAY 4: SCIENCE AND TECHNOLOGY IS A PANACEA FOR THE GROWTH AND SECURITY OF THE NATION # Science 134 #Ethics in organisations 116 iv logical .simple .targeted analysis & explanation of all relevant news of the month INDIA AND RUSSIA • In 2000, both countries established a Strategic Partnership. EMERGING GEOPOLITICAL ISSUES AND INDIA RUSSIA RELATIONS IN NEWS Russian Foreign Minister Sergey Lavrov’s came to India for a ‘working visit’. The principal objective of the visit was to prepare the ground for the visit of President Vladimir Putin later this year. Only in 2020 there was break in the annual Summit between the Russian President and the Indian PM. In this background, there was a speculation that this annual summit did not happen because of India's Alignment with US • India aligning with US in the Quad in the Indo-Pacific strategy is one of the key issues between India and Russia. • India insists that its Indo-Pacific initiatives seek a cooperative order, that the Quad dialogue (of India, Japan, Australia and the U.S.) is not the nucleus of a politico-military alliance. Russia - China Bonhomie alignment with the US in the Indo-Pacific Policy and anti- • India’s has raised concerns about Russia’s China China Policy which undermined the India - Russia embrace, encompassing close political, economic and relations. defense cooperation. BACKGROUND OF INDIA RUSSIA RELATIONS • India and Russia have traditionally enjoyed good relations since 1947 wherein Russia helped India in attaining its goal of economic self-sufficiency through investment in areas of heavy machine-building, mining, energy production and steel plants. • Later India and the Soviet Union signed the Treaty of Peace and Friendship in 1971 which was the manifestation of shared goals of the two nations as well as a blueprint for the strengthening of regional and global peace and security. • After the dissolution of the Soviet Union, India and Russia entered into a new Treaty of Friendship and Cooperation in January 1993 and a bilateral MilitaryTechnical Cooperation agreement in 1994. • Russia accounted for 77% of China’s arms imports in 2016-20. • India has raised apprehensions about their technology- and intelligence-sharing. • Further speculations are rife about a future RussiaChina military alliance. Russia - Pakistan angle • Russian foreign minister recently visited Pakistan. This is the first time a Russian Minister has done so. • He highlighted that Russia would strengthen Pakistan’s “counter-terrorism capability”. This is being seen as a step to increase the Russian weapon supply to Pakistan. • Russia is Pakistan’s second largest defense supplier, accounting for 6.6% of its arms imports in 2016-20. 2 • Further, both are cooperating on joint “counterterrorism” drills and sharing perspectives on military tactics and strategic doctrines. New cold war • US is taking on both China and Russia thereby driving the two countries closer. • This is leading the world towards bipolarity, a new cold war. Concerns for India - Russia ties • Russia supplied 49% of India’s arms imports in 201620. The share although still high has been falling off late. INDIA AND US: FONOP • Concerns have been raised regarding the potential technology secrets that can be shared with India's adversaries like Pakistan and China because of improving relations of Russia with Pak and China. • Further, there is fear of attracting sanctions from America under its CAATSA law for the S – 400 missile deal. IN NEWS The US Navy had asserted navigational rights and freedoms (freedom of navigation operation (FONOP) approximately 130 nautical miles west of Lakshadweep Islands, inside India’s exclusive economic zone, without Geography and geopolitics requesting India’s prior consent. • The Eurasian landmass to India’s north is dominated by Russia and China. This move of the US was seen as a breach of the UNCLOS and was also seen as unnecessary at a time when India - US • Strategic and security interests in Central Asia, West relations are on a high. Asia and Afghanistan dictate our engagement with the US POSITION ON THE MOVE region and the connectivity projects linking it, like the • U.S. defended the military operation off India’s waters International North-South Transport Corridor through Iran. • For pursuing these interests, India will have to effectively manage its relations with Russia. terming it “consistent with international law”. • For the U.S. Navy, FONOPs are a way of showing that the maritime claims of certain states are incompatible with international law. • India’s requirement of prior consent for the passage of foreign warships through Indian EEZs, U.S. officials believe, is a violation of the United Nations Convention on the Law of the Sea (UNCLOS). • Articles 56 and 58, Part V of the Law of the Sea entitles U.S. warships to high-seas freedoms in the 200-nautical mile EEZs of another coastal state. INDIA'S POSITION • India interprets the maritime convention differently. 3 • Indian experts note that the UNCLOS does not explicitly permit the passage of military vessels in another state’s EEZ. IN THE EEZ, THE COASTAL STATE HAS: 1. Sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural • When India ratified the convention in 1995 it stated resources, whether living or non-living, of the waters that - “India understands that the provisions of the superjacent to the seabed and of the seabed and its Convention do not authorize other States to carry out subsoil, and with regard to other activities for the in the exclusive economic zone and on the continental economic exploitation and exploration of the zone, shelf military exercises or maneuvers, in particular such as the production of energy from the water, those involving the use of weapons or explosives currents and winds; without the consent of the coastal State.” 2. Jurisdiction as provided for in the relevant provisions • This position is consistent with India’s domestic law — the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones of India Act of 1976 — and remains unchanged. of this Convention with regard to: ο the establishment and use of artificial islands, installations and structures; ο marine scientific research; WHAT IS EEZ UNDER UNCLOS? ο the protection and preservation of the marine environment; ο other rights and duties provided for in this Convention. RIGHTS AND DUTIES OF OTHER STATES IN THE EEZ • In the exclusive economic zone, all States enjoy the freedoms of navigation and overflight and of the laying of submarine cables and pipelines, and other internationally lawful uses of the sea related to these freedoms, such as those associated with the operation • An Exclusive Economic Zone (EEZ) is a concept adopted at the Third United Nations Conference on the Law of the Sea (1982), whereby a coastal State assumes jurisdiction over the exploration and exploitation of marine resources in its adjacent section of the continental shelf, taken to be a band extending 200 miles from the shore. • The exclusive economic zone is an area beyond and adjacent to the territorial sea, subject to the specific legal regime established in this Part, under which the rights and jurisdiction of the coastal State and the rights and freedoms of other States are governed by the relevant provisions of this Convention. • The exclusive economic zone shall not extend beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured. of ships, aircraft and submarine cables and pipelines, and compatible with the other provisions of this Convention. • In exercising their rights and performing their duties under this Convention in the exclusive economic zone, States shall have due regard to the rights and duties of the coastal State and shall comply with the laws and regulations adopted by the coastal State in accordance with the provisions of this Convention and other rules of international law in so far as they are not incompatible with this Part. • Why did India not react on such FONOP by US Navy? • Indian observers have come to accept U.S. FONOPs as an instrument in Washington’s military and diplomatic toolkit that gives the U.S. Navy leverage in the contest with China in the South China Sea. 4 • However, India has the concern that overlooking such the Western edge), in particular, is a discrepancy that moves by US can give China an excuse to have greater cannot be explained as a minor departure from the Naval presence in the Indian Waters. This can also provisions of the UNCLOS. increase the threat of People’s Liberation Army Navy submarines near Indian islands. • The U.S. Navy sail through the waters off Lakshadweep highlights a gap in the Indian and • U.S. FONOPs in Indian EEZs have been relatively low American perception an of key. Since 2016, the U.S. Navy has carried out three complicating already forays through Indian EEZs keeping well outside international maritime law. navigational complex freedoms, domain of Indian territorial waters. • In contrast, U.S. warships challenged excessive Chinese claims thrice in 2016, four times in 2017, six in INDIA AND PAKISTAN 2018, eight in 2019, and nine in 2020. • Most patrols are said to have come within 12 nautical miles of the territorial sea limit around China’s islands. • These numbers clearly highlight the U.S. Navy’s strategic priorities in Asia. • Further US had also carried out FONOP in the IN NEWS India’s External Affairs minister’s visit to UAE drew territorial waters of Maldives with which it signed a attention as his visit overlapped with that of Pakistan’s defense agreement in 2020. Foreign Minister Shah Mahmood Qureshi. The Minister • The choice of carrying out such an operation near the Lakshadweep island is also seen as an attempt by the US to not irk India. • This is because maritime boundaries around the Lakshadweep are more settled than the Andaman and Nicobar Islands. • Thus, the overall idea might have been to signal to China that the U.S. Navy is committed to uphold the rules-based order in the waters of opponents and partners alike. CONCERNS • Such operations normalize military activism by other countries close to India’s island territories that remain vulnerable to incursions by foreign warships. • The U.S. Navy’s emphasis on navigational freedoms in the EEZs encourages other regional navies to violate India’s domestic regulations in the waters surrounding the Andaman and Nicobar Islands. met his counterpart from UAE Sheikh Abdullah Bin Zayed Al Nahyan, who also met with Mr. Qureshi. The meetings came amidst strong speculation that the Gulf country was mediating to restart dialogue between India and Pakistan. While Pakistan has welcomed the reports of third party mediation, India has maintained silence as it goes against its traditional position on diplomacy with Pakistan. India maintains officially that issues with Pakistan are of a bilateral nature that has no space for third party mediation or intervention. So let us understand the various aspects of this issue in detail . RECENT ISSUES IN INDIA – PAK TIES • Ties between India and Pakistan have been frozen since 2016, and the Pulwama terror attack in February 2019 worsened the situation. This was followed by the Balakot airstrikes, retaliatory strikes by Pakistan and the capture of an Indian pilot who was later released. • In August 2019, after India revoked the special status of J&K under Article 370, and bifurcated the state into • It is noteworthy that U.S. is yet to ratify the UNCLOS. two • India’s domestic law is said to be out of sync with diplomatic ties, forcing India to do the same. This also international law. • India’s declaration of straight baselines delineating zones around the Andaman and Nicobar Islands (on Union Territories, Pakistan downgraded led to snapping of trade ties. • The Kartarpur corridor is a positive development in minimizing the trust deficit that exists between the 5 two countries and could further contribute to other • During the Kargil War, Prime Minister Atal Bihari confidence building measures such as enhancing Vajpayee cooperation in trade. interlocutor, R.K. Mishra. chose an unorthodox back-channel • In February, the militaries of India and Pakistan • In 2016, six former Pakistani High Commissioners also announced adherence to ceasefire agreements along travelled to Delhi for a Track-II consultation with nine the Line of Control — a sign of thaw amid the chill in former Indian High Commissioners, where they met ties. NSA Doval and senior MEA officials • This, according to sources, was possible since India and Pakistan have been holding back-channel talks for the few months, with NSA Ajit Doval leading the Indian initiative with Pakistan’s civilian-military leadership. • The two Prime Ministers exchanged messages after Prime Minister of India sent greetings on Pakistan’s National Day on March 23. WHY BACKCHANNEL NOW? • Front door diplomacy is not possible because of a complex past. • Pakistan’s dire economic condition and the mounting pressure from the Financial Action Task Force to shut down all terrorist safe havens or face severe sanctions is clearly one imperative for Islamabad’s willingness to WHAT IS BACK-CHANNEL DIPLOMACY? engage via the backchannel even after India’s decision • Back-channel talks are used to talk to each other on Jammu and Kashmir. through non-official channels to discuss and resolve • To avoid the possible two Front war. the problems facing the countries. • It can play a key role bringing peace in Afghanistan. • It is generally conducted through foreign diplomats or neutral Governments trusted by both sides desirous of change in status quo. • It is also a means of restoring the status quo ante in case of difficulties. • It is also conducted by respected figures in public lives who are known for integrity, accuracy, who are capable of clarity, caution and patience and deep knowledge of the issue. WHAT ARE THE BENEFITS OF SUCH A DIPLOMACY? • It enables would-be dealmakers to test the waters—to determine whether the other party is capable of negotiating in good faith—before exploring real commitments. • They can be particularly appealing to high-level leaders who are fearful of a public failure if their efforts to reach a deal collapse. BACKCHANNEL DIPLOMACY IN THE PAST • Such talks had been initiated by General Zia-ul-Haq and Prime Minister Rajiv Gandhi through Jordanian Crown Prince Hassan. UAE’s geostrategic role as a peace broker: In recent years, the UAE has shifted its attention away from military projection to diplomacy, investment and other forms of soft power. • Abu Dhabi was the prime mover in last year’s Abraham Accords between Israel and several Arab states. • UAE played a key role alongside their Saudi counterparts in mediating the 2018 peace deal between Ethiopia and Eritrea. • The UAE has greatly reduced its footprint in Yemen and drawn down its forces in the Horn of Africa. It is looking to scale back in Libya, where it provided both air cover and material support for the rebel forces of Khalifa Haftar; the Emiratis are now backing a political solution to the civil war. • The UAE has also sought to reduce tensions with Iran and is leading Arab efforts to reengage with the regime of Bashar al-Assad in Syria, having concluded that the war there has effectively ended and that the only way to advance Emirati interests is through political, diplomatic and commercial means. • UAE’s strong trade & commercial ties to India and Pakistan, and the fact that it is home to millions of Indian and Pakistani expatriate workers makes it 6 uniquely qualified to mediate between the two Master Plan for Transport Connectivity, which will be countries. adopted at the next summit. • The UAE is hoping restoration of trade links between the two countries. Robust connectivity is an essential prerequisite for economic integration of the region with smooth cross- • More ambitious still, it is aiming to secure a viable border movement of people and goods. understanding on Kashmir, which has been the In this background, let us understand the need for flashpoint for several wars since their 1947 partition reinventing BIMSTEC and some facts from the prelims upon independence from British rule. perspective. • The South Asian initiative also plays into the UAE’s BIMSTEC pursuit of other important foreign-policy objectives. It helps to deepen the partnership with USA by paralleling American efforts to resolve the conflict in neighboring Afghanistan, where India and Pakistan have competing economic and security interests. WHAT ARE THE RISKS WITH SUCH AN APPROACH? • Back-channel negotiating may foster costly delays and perpetuate the impasse they are designed to overcome. • They provide only temporary protection from deal spoilers and public scrutiny. • Such secret breakthrough negotiations agreements can but facilitate yield early diminishing returns when relied on too frequently. UPSC MAINS - 2015 Q. Terrorist activities and mutual distrust have clouded India – Pakistan relations. To what extent the use of soft power like sports and cultural exchange could help generate goodwill between the two countries. Discuss with suitable examples. • Established as a grouping of four nations — India, Thailand, Bangladesh and Sri Lanka (‘BIST-EC’ Bangladesh, India, Sri-Lanka and Thailand Economic Cooperation) — through the Bangkok Declaration of 1997 to promote rapid economic development. • It was renamed as ‘BIMST-EC’ in 1997, following the inclusion of Myanmar. • With the admission of Nepal and Bhutan in 2004, the name of the grouping was changed to ‘Bay of Bengal BIMSTEC Initiative for Multi-Sectoral Technical and Economic Cooperation’ (BIMSTEC). • BIMSTEC was expanded later to include three more countries — Myanmar, Nepal and Bhutan. • Present members - Bangladesh, Bhutan, India, Myanmar, Nepal, Sri Lanka, Thailand IN NEWS The foreign ministers of BIMSTEC (Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation) met virtually. The ministers conveyed their support for the • Its members lie in the littoral and adjacent areas of the Bay of Bengal constituting a contiguous regional unity. BIMSTEC not only connects South and Southeast Asia, but also the ecologies of the Great Himalayas and the Bay of Bengal. 7 • Platform for intra-regional cooperation between SAARC and ASEAN members. India-Nepal, India-Sri Lanka, and Bangladesh- Myanmar ties in recent years. • A fourth of the world’s traded goods cross the bay every year. • Bangladesh is facing one of the worst refugee crises of Rohingyas from Myanmar who are fleeing prosecution in the state of Rakhine in Myanmar. • Important Connectivity Projects: o Kaladan Multimodal Project – links India and Myanmar. o Asian Trilateral Highway – connecting India and Thailand through Myanmar. o Bangladesh-Bhutan-India-Nepal (BBIN) Motor Vehicles Agreement – for seamless flow of passenger and cargo traffic. Strategic Significance for India: Enables India to pursue three core policies: 1. Neighbourhood First - primacy to the country’s immediate periphery; There is a border conflict between Myanmar and Thailand. • Uncertainties over SAARC hovers, complicating matters. Both Nepal and Sri Lanka want the SAARC summit revived, even as they cooperate within BIMSTEC, with diluted zeal. • China’s decisive intrusion in the South-Southeast Asian space has cast dark shadows. • The military coup in Myanmar, brutal crackdown of protesters and continuation of popular resistance resulting in a protracted impasse have produced a new set of challenges. 2. Act East - connects India with Southeast Asia; and • BIMSTEC planned to hold summits every two years, 3. Economic development of India’s North Eastern ministerial meetings every year, but only four summits states – by linking them to the Bay of Bengal region have taken place in 20 years up to 2018. via Bangladesh and Myanmar. o In fact, BIMSTEC received special attention as India • India has moved from Look East Policy to Act East Policy and Indo Pacific cooperation through its diaspora, culture and connectivity. This has led to India’s goodwill in the region. in countries around the Bay of Bengal due to the spread of its Belt and Road Initiative. • Physical connectivity with BIMSTEC would also help India integrate itself with ASEAN’s Master Plan of Connectivity 2025. • A new platform for India to engage with its neighbours with South Asian Association for Regional Cooperation becoming dysfunctional regional cooperation over a faltering SAARC. o Most multilateral groupings from G20 to ASEAN (Association of Southeast Asian Nations) and SCO • Allows India to counter China’s creeping influence (SAARC) chose to treat it as a more practical instrument for because of differences between India and Pakistan. BIMSTEC suddenly received special attention as New Delhi chose to treat it as a more practical instrument for regional cooperation over a faltering SAARC. ISSUES IN THE FUNCTIONING OF BIMSTEC • A strong BIMSTEC presupposes cordial and tensionfree bilateral relations among all its member-states. This has not been the case, given the trajectory of (Shanghai Cooperation Organisation) held their deliberations at the highest political level even in the midst of the COVID-19 pandemic in 2020, BIMSTEC leaders failed to do so. • BIMSTEC FTA was negotiated in 2004, talks on it are yet to be concluded. • What has been missing from recent deliberations is a reference to the lack of progress on the trade and economic dossier. o A January 2018 study by the Federation of Indian Chambers of suggested that Commerce BIMSTEC and Industry urgently had needed a comprehensive Free Trade Agreement to be a real game changer. Ideally it should cover trade in goods, services regulatory and harmonisation; investment; adopt promote policies that develop regional value chains; and eliminate nontariff barriers. 8 WAY FORWARD NEW COLD WAR As BIMSTEC readies itself to celebrate the silver jubilee of • U.S. continues to view China as its principal adversary its formation next year, it faces a serious challenge: to affect a paradigm-shift in raising the level of our cooperation and regional integration. The grouping needs to reinvent itself, possibly even rename itself as ‘The Bay of Bengal Community’. It should consider holding regular annual summits. Only then will its leaders convince the region about their strong commitment to the new vision they have for this unique platform linking South Asia and Southeast Asia. MULTIPOLARITY AND MIDDLE POWERS on the world stage. • It aims to counter China by using QUAD in the IndoPacific. • US also has had issues with Russia ever since its occupation of the Crimean Peninsula in 2014 and the allegations of meddling with the US elections. • This has encouraged Russia and China to solidify their relations which is visible in their commitment towards ‘Greater Eurasian Partnership’. • Both have condemned the Quad for “undermining global strategic stability”. • Due this alignment between China and Russia on the one hand and the Indo - Pacific on the other it is being argued that the divides in the New Cold War will be between the Indo-Pacific versus Eurasia. ROLE OF MIDDLE POWERS • "Middle powers” like Japan, Iran, Turkey and India IN NEWS It has been argued by experts that the Position taken by Joe Biden in USA's foreign policy towards Russia, China, Iran and Indo - Pacific are quite similar to the ones have the capacity to project power regionally, build alliances, and support (or disrupt) the strategies of international powers pursuing their interests in the region. adopted by the previous president Donald trump. • Japan and India are part of Quad. This approach highlights that US sees China as its biggest • Iran has had issues with the west and allies naturally adversary and due this, new alliances are shaping up with the Sino-Russian alliance. leading to what has been termed as a "NEW COLD WAR". • Turkey, a NATO member, has found its interests This cold war is being reflected between the Indo-Pacific better served by Russia and China rather than the U.S. and the Eurasia. and its European allies In this background, it has been highlighted that the final shape of the cold war will be determined by four nations, namely Japan, Iran, Turkey and India. Although these nations, sometimes called as the "middle powers", have allegiance towards one side or the other but they are reluctant to be seen as a part of rigid alliance (unlike the rigid the Cold war alliances formed post World • But these alliances have their own geopolitical realities and as such they are reluctant in making these alliances a rigid reality. JAPAN • It has a territorial dispute with China relating to the Senkaku islands in the East China Sea. war II). And as such these middle powers are likely to • From security perspective, Japan relies more on US. make multipolarity, rather than a new Cold War, the While from economic perspective as of 2019 around defining characteristic of the emerging global order. 25% of the Japan's imports came from China. So, let us understand, how the new cold war is shaping up and the role played the middle powers. • Under PM Shinzo Abe, it has tried to reduce dependency upon the US and pursue an independent role in the Indo-pacific. 9 SUPPLY CHAIN • Its $200 billion ‘Partnership for Quality Infrastructure’ funds infrastructure projects in Asia and Africa, and it has also shown interest in working with the BRI on a selective basis. RESILIENCE INITIATIVE INDIA • Of late because of increasing threat from China, India has strengthened its ties with the USA, which is visible in its engagement in the QUAD and the foundational agreements signed between India and the USA. • However, India needs to resolve its 3500 km border issue with China on its own. • Further, India is likely to be dependent upon defense imports from Russia in the near future. The Trade Ministers of India, Japan and Australia formally launched the Supply Chain Resilience initiative in a Trilateral Ministerial Meeting held virtually . WHAT IS SUPPLY CHAIN RESILIENCE? • In the context of international trade, supply chain IRAN • Although it seems Iran might be a natural ally of the Sino-Russian axis, given the sanctions imposed under the Nuclear deal (JCPOA), still it does align naturally with IN NEWS any of the axis and pursues strategic independence. resilience is an approach that helps a country to ensure that it has diversified its supply risks across a clutch of supplying nations instead of being dependent on just one or few. • Unanticipated events like natural calamities, pandemics or armed conflict in a region, that disrupt TURKEY supplies from a particular country or even intentional • It is a part of the west led NATO. Still, it is steadily distancing from its western partners and increasing geopolitical, military and economic alignment with halts to trade because of trade wars, could adversely impact economic activity in the destination country. WHY RELEVANT NOW? • COVID-19 Russia and China. • However, it still wants to pursue an independent policy by balancing its relations between the west and China. pandemic has revealed supply chain vulnerabilities across the globe. When assembly lines are heavily dependent on supplies from one country, the impact on importing nations could be crippling if that source stops production because of any of the reasons mentioned above. WAY FORWARD • Given the geopolitical realities of these "middle powers", these countries are likely to pursue what has been called as the "Strategic autonomy". Example: Japan heavily depends on Electrical and electronic machinery imports from China. when China had to shut down factories due to COVID-19 pandemic, it halted the economic activity in Japan • Such “strategic autonomy” will be defined by flexible • The Ministers from Japan, India and Australia noted partnerships, with freedom to shape alliances to suit the importance of risk management and continuity specific interests at different times. plans in order to avoid supply chain disruptions and • These four middle powers will thus make multipolarity, rather than a new Cold War, the defining characteristic of the emerging global order. affirmed their commitment to strengthen resilient supply chains POLICY MEASURES UNDER THIS MAY INCLUDE • supporting the enhanced utilization of digital technology; 10 • supporting trade and investment. Kazakhstan, Kyrgyzstan, Pakistan, Russia, Saudi Arabia, ADVANTAGES TO INDIA Tajikistan, Turkey, Turkmenistan, United Arab Emirates • Diversifying supply chains may help India decoupling its economy from Import dependency on China. • Japan and Australia will increase their imports from India while achieving diversification of their supply chains. This might lead to increased foreign investment in Indian manufacture sector. • A credible alternative to China driven supply chains under the Regional Comprehensive Economic Partnership (RCEP), which India couldn’t join. EMERGING PICTURE • This initiative is seen as a move to counter China's dominance of supply chain in the Indo-Pacific region. • Since India, Australia and Japan are also members of Quad, it gives support to the argument that Quad is turning into a trade bloc as well. However, with no involvement of USA in the SRI, its alignment with the objectives of QUAD is still not clear. HEART OF ASIA and Uzbekistan • 9 th HOA-IP conference was held at Dushanbe in Tajikistan • India extends its support to Afghan-Taliban talks, signalling a subtle shift in its approach towards the Afghan crisis EVOLUTION OF INDIA’S POSITION ON AFGHANISTAN AND TALIBAN: • India has been one of the oldest and strongest proponents of democratic governance in Kabul. • It has provided billions of dollars in infrastructure development and humanitarian assistance to Afghanistan since 2001 (since 2001 Bonn conference which facilitated the formation of an interim government to take over from the Taliban). • Although India has long chosen to refrain from putting boots on the ground in Afghanistan, the country has provided the Afghan security forces with critical operational training and limited military equipment. • Though India was opposed to any dealings with Taliban till recently, its position has evolved over the years o India sent non official representatives to Moscow conference on Afghan peace in 2018. IN NEWS Indian External Affairs minister recently participated in the heart of Asia Conference related to resolution of the Afghan War. HEART OF ASIA-ISTANBUL PROCESS • The Heart of Asia-Istanbul Process is a regional initiative of Afghanistan and the Republic of Turkey, which was launched in 2011 in Istanbul. • The Heart of Asia – Istanbul Process aims at promoting and strengthening peace, security, stability o India attended inauguration summit of intra-Afghan talks at Doha But India’s consistent policy has been that any conciliation efforts or peace process should be Afghan-led, Afghan-owned, Afghan-controlled. WHY IS INDIA ENGAGING WITH TALIBAN? • Growing international legitimacy to Taliban after Moscow summit and Historic US-Taliban deal. • Need to engage to safeguard our investments and development work that has been done till now. and prosperity in Afghanistan and in the region • Establishing diplomatic contacts with a politically through confidence building and enhancing regional empowered Taliban will be crucial in safeguarding cooperation among 15 countries of the Heart of Asia India’s existing and future economic interests in the Region. country, including those linked with Central Asian • Member Countries of Heart of Asia – Istanbul energy markets and broader connectivity projects Process: Afghanistan, Azerbaijan, China, India, Iran, 11 • Not engaging completely with Taliban might result in Afghanistan. Pakistan wielding too much of influence over future of Q1. Which of the following statements is/are correct about Heart of Asia Conference? 3. 1. It is a regional initiative of Afghanistan and the a) 1 only b) 1 and 3 only c) 2 and 3 only d) 1, 2 and 3 Q4. Which of the following is/are the members of Supply chain Resilience initiative? 1. India 3. USA Republic of Turkey. 2. India is not a member of this process. Select the correct answer using the code given below: a) 1 only b) 2 only c) Both 1 and 2 d) Neither 1 nor 2 Bhutan Select the correct answer using the codes given below: 2. Japan Q2. International North South Transport Corridor passes through which of the following seas ? Select the correct answer using the codes given below: a) Mediterranean b) Caspian a) 1 only b) 1 and 2 only c) Black d) North sea c) 2 and 3 only d) 1, 2 and 3 Q3. Which of the following countries is/are the members of BIMSTEC? Q5. Which of the following countries have not 1. Thailand 2. Malaysia ratified the UNCLOS ? a) India b) China c) USA d) Russia Q1. To what extent can backchannel diplomacy resolve the issues between India and Pakistan. Discuss Q2. In the background of failure of SAARC, India is focusing on BIMSTEC as a crucial regional platform. In the light of this statement, highlight the challenges faced by BIMSTEC in its functioning. Answers to above MCQs: 1 (a), 2 (b), 3 (b), 4(b), 5(c) 12 JUSTICE N.V. RAMANA APPOINTED AS CJI Minister forwards the recommendation to the Prime Minister who, in turn, advises the President. • Second Judges Case - SC in the Second Judges Case (1993) ruled that the senior most judge of the Supreme Court should alone be appointed to the office of the CJI. ADMINISTRATIVE POWERS OF CJI & CHIEF JUSTICES OF HC IN NEWS The President of India, in exercise of the powers conferred by clause (2) of Article 124 of the Constitution of India, appointed Shri Justice Nuthalapati Venkata Ramana, Judge of the Supreme Court, to be the Chief Justice of India (CJI). • Chief Justice of High Courts (HC) and Chief Justice of India apart from carrying judicial responsibilities and duties also ensures administrative work such as allocating cases to judges, forming division bench of two judges, forming vacation bench or constitution bench to oversee matters of constitutional importance A notification in this regard has been issued by the Department of Justice, Ministry of Law & Justice. The Warrant of Appointment and a copy of the Notification of Appointment have been handed over to Shri Justice N. V. Ramana. and also deciding roster. • In the case of State of Rajasthan v. Prakash Chand and Others, the Court stated that - Chief Justice of the High Court is the master of the roster and there is no justification not to treat the Chief Justice of India, who Justice N. V. Ramana has taken over as 48 Chief Justice of is the Chief Justice of the Apex Court, to have the same the Supreme Court of India on 24th April, 2021 and will be power. If the same principles are not followed, the th th CJI till 26 August, 2022. As CJI, Justice N.V. Ramana will also be the Master of the Roster and preside over the Collegium comprising five senior most judges of Supreme Court. • Appointed by President - The Chief Justice of India and the Judges of the Supreme Court are appointed by the President under clause (2) of Article 124 of the Constitution. - As per ROSTER • A roster refers to a list or plan showing turns of duty in an institution. APPOINTMENT OF THE CJI • Convention institution cannot function. convention, outgoing CJI recommends the name of the senior most judge of • In Supreme Court, the Roster is prepared by the Registrar of Supreme Court under the orders of CJI. • The Roster may contain: General or specific instructions regarding assignment or allocation of case to a particular Bench. the Supreme Court as his successor. The Union Law 13 Also includes allocation of work of a Bench, on regulating the general practice and procedure of the account of non-availability of Judges to another Bench. Court including: Further, to meet any contingencies or emergency, CJI Rules as to the procedure for hearing appeals, time may instruct the Registrar to re-allocate judicial work within which appeals are to be entertained by the to some other Bench. Court. In case of transfer of cases from one Bench of Judges Rules as to the proceedings of the Court for to another Bench of Judges, then in such case the enforcement of any rights conferred by PART III Registrar shall place the listing for transfer before CJI (Fundamental Rights). for his approval. Rules pertaining to transfer of cases under Article 139A where the same question of law or substantially ALLOCATION OF BENCH BY CJI • In case of Division Bench – any matter heard by a Division Bench of not less than 2 Judges shall be nominated by the CJI. • Forming Constitution Bench - CJI may from time to time constitute a Constitution Bench consisting of 5 or more judges under Article 145 (3) to adjudicate the same question of law are pending before the Supreme Court and one or more High Courts or before two or more High Courts. Rules pertaining to transfer of any case, appeal or other proceedings pending before any High Court to any other High Court to meet ends of justice. matters involving substantial question of law or for The Supreme Court may by rule fix the minimum interpretation of the Constitution or under Article 143 number of judges who are to sit for any case and pertaining to Presidential reference. also provide for powers of Single Judges and • A Division Bench of two or more judges may refer Division Bench (more than one judge). any matter to a larger Bench of not less than 5 Article 145 (3) explains that the minimum number of judges involving a substantial question of law. In such Judges who are to sit for the purpose of deciding any instances, the Division Bench shall refer the case to case involving a substantial question of law as to the the CJI who shall thereupon constitute such a interpretation of this Constitution or for the purpose larger bench for hearing the matter. of hearing any reference under Article 143 shall be Are there any rules or guidelines for Master of All judgments shall be delivered by the Supreme Roster? • Regarding the issue of Master of the Roster, one needs to five. understand about Article 145 of the Constitution of India. • Article 145 states that Supreme Court may from time to time, with the approval of the President, make rules Court with the concurrence of a majority of judges present at the hearing of the case and such judge or judges who do not concur with the judgment of the majority can freely express their dissenting opinion or judgment. for regulating generally the practice and procedure of the Court. • This includes rules regarding the procedure for hearing appeals and other matters pertaining to appeals including the time within which appeals to the Court are to be entered. • Parliament of India under Article 145 has accordingly framed Supreme Court Rules, 2013. • Article 145 further mentions that Supreme Court with the approval of the President may make rules STATE OF RAJASTHAN V PRAKASH CHAND The Court stated The administrative control of the High Court vests in the Chief Justice alone. On the judicial side, however, he is only the first amongst the equals. The Chief Justice is the master of the roster. He alone has the prerogative to constitute benches of the court and allocate cases to the benches so constituted. 14 That the puisne Judges can only do that work as is • An institution has to function within certain allotted to them by the Chief Justice or under his parameters and that is why there are precedents, directions. Rules and conventions. As far as the composition of The Judges of Division Bench cannot take up any Benches is concerned, SC accepted the principles other kind of judicial business which has not been assigned to them by or under the directions of the Chief Justice. stated in Prakash Chand, which was stated in the context of the High Court, and clearly state that the same shall squarely apply to the Supreme Court and there cannot be any kind of command or CAMPAIGN FOR JUDICIAL ACCOUNTABILITY order directing the Chief Justice of India to constitute a particular Bench. & REFORMS v. UNION OF INDIA & OTHERS SHANTI BHUSHAN V SUPREME COURT OF INDIA • Supreme Court stated - There can be no doubt that the Chief Justice of India is the first amongst the equals, but definitely, he exercises certain administrative powers and that is why in Prakash Chand Judgment, it has been clearly stated that the administrative control of the High Court vests in the Chief Justice alone. The same principle must apply proprio vigore (by its own force or vigour) as regards the power of the Chief Justice of India. • On the judicial side, CJI is only the first amongst the equals. But, as far as the roster is concerned, as has been stated by the Three-Judge Bench in Prakash Chand (supra), the Chief Justice is the master of the roster and he alone has the prerogative to constitute the Benches of the Court and allocate cases to the Benches so constituted. • The Supreme Court also noted that the convention of CJI being the master of the roster is followed because of the principles of law and because of judicial discipline and decorum. • Once the Chief Justice is stated to be the master of the roster, he alone has the prerogative to constitute Benches. • Neither a two-Judge Bench nor a three-Judge Bench can allocate the matter to themselves or direct the composition for constitution of a Bench. • There cannot be any direction to the Chief Justice of India as to who shall be sitting on the Bench or who shall take up the matter as that touches the composition of the Bench. • A petition was filed in the Supreme Court which stated that the "master of the roster" cannot be an "unguided and unbridled" discretionary power, exercised arbitrarily by the Chief Justice by handpicking the benches of select judges or by assigning cases to particular judges. • Accordingly, Shanti Bhushan's petition had advocated for a panel of senior judges to decide on roster of judges and also on assigning of cases. • However, the Supreme Court declared that the Chief Justice of India is the "master of the roster" and has the power to assign cases. • The Court further stated that CJI has the role of first among equals and is empowered to exercise leadership in administration of the court which includes assignment of cases. • Thus, the Supreme Court refused to declare that the function of allocating cases and assigning benches should be exercised by the collegium of five senior Judges instead of the Chief Justice of India. WHAT IS A COLLEGIUM? • The Collegium System is one where the CJI and a forum of four senior-most judges of the Supreme Court recommend appointment and transfer of judges of higher judiciary. • The collegium system evolved through three different judgments which are collectively known as the Three Judges Cases. 15 • Now, recommendations of collegium have been made • In 1973, the Union government departed from this public on the website of Supreme Court including the practice and appointed Justice A.N. Ray as CJI who was reasons for appointment or transfer. fourth in order of seniority bypassing three senior judges of Supreme Court. The government was JUDGES APPOINTMENT – ARTICLE 124(2) AND accused of tampering with the independence of 217(1) • Judges to the Supreme Court and High Courts are appointed by the President of India by warrant under his hand and seal respectively under Article 124(2) and 217(1). • Judges of Supreme Court shall hold office till the age of 65 years whereas Judges of High Courts shall hold office till the age of 62 years. higher judiciary has not been explicitly provided in the Constitution. Thus, the process for appointment, elevation and transfer of Judges to higher judiciary has been a debatable issue. • Government of India earlier passed The Constitution (Ninety-Ninth Amendment) Act, 2014 to establish a National Judicial Appointment Commission (NJAC) to replace the Collegium. • However, a Five Judge Bench of Supreme Court NJAC as unconstitutional because of interference from the executive in the judicial appointments. This decision effectively revived the Collegium system. HOW COLLEGIUM CAME INTO BEING? - EARLIER PRACTICE primarily with the Executive. The practice was to appoint the senior most judge of the Supreme Court whenever a vacancy occurred by the Executive under Article 124 and 217. move • Again in 1976, government appointed Justice Beg as CJI bypassing Justice Khanna who was senior to him. Thus, interference by executive in judicial appointments was cloaked in veils of politics and it started a disturbing trend in judicial appointments in • Till 1976, India had witnessed emergency and implementation of 42nd amendment had casted a serious doubt on the ever growing power of executive in all spheres of democracy. • In such an environment of growing executive influence, the collegium system evolved through three different judgments which are collectively known as the Three Judges Cases. THREE JUDGES CASE – 1982 (E) – 1993 (J) – 1999 (J) The Three Judges Case was delivered by Supreme Court amid changing political atmosphere of the country. Post Emergency and Constitution 42 nd Amendment, Executive had become all powerful and had started their interference even in appointment of Judges as we have seen earlier. â–ºFirst Judges Case - S.P Gupta vs. Union of India • Power to appoint Supreme Court judges rested • This post in protest. India. • However, the method and manner of their selection to declared judiciary. The three senior Judges resigned from their was criticized by Fourteenth Law Commission Report and suggested to widen the role of Chief Justice of India (CJI) in judicial appointments. • However, the government did not act upon this recommendation and continued its practice. DEPARTING FROM THE PROCESS – (EMPOWERED (1982) – (In favour of Executive) • SC held - opinions of Chief Justice of India (CJI) and Chief Justice of respective High Courts were merely “consultative” and the power of appointment resides solely and exclusively with the Central Government. • Central government “could” override the opinions given by the Judges. Thus, the opinion of Chief Justice of India in matters of appointment was not given primacy in matters of judicial appointments under Article 217(1). EXECUTIVE) – (UNDERSTANDING THE â–ºSecond Judges Case - S.C. Advocates on Record CHRONOLOGY) Association v. Union of India (1993) – (Primacy of 16 Judiciary) – The matter was decided by Nine Judge If majority of the Collegium is against the appointment Constitution Bench of a particular person, that person shall not be • The Court considered the question of “Primacy of appointed. opinion of CJI in regard to appointment of Supreme Even if two of the judges have reservation against Court Judges”. The Court said that the question had to appointment of a particular Judge, CJI would not press be for such appointment. considered in the context of achieving constitutional purpose of selecting the best so as to ensure the independence of judiciary and thereby preserving democracy. Article 124(2), - SC emphasized that Government does NOT enjoy primacy or absolute discretion in matters of appointment of Supreme Court judges. • Court said that provision for consultation with Chief Justice was introduced as CJI is best equipped to know and assess the worth and suitability of a candidate and it was also necessary to eliminate political influence. • Selection should be made as a result of ‘Participatory Consultative Process’ where Executive has the power to act as a mere check on the exercise of power by CJI to achieve constitutional purpose. held that initiation appointed as Supreme Court Judge regardless of his standing in the seniority list. • Referring to ‘Consultative Process’ as envisaged in • SC A High Court Judge of outstanding merit can be of the proposal for appointment of a Supreme Court Judge must be by the Chief Justice. • Thus, Judiciary was given primacy and participatory consultative process was suggested for selection of CJI. â–ºThird Judges Case - (1999) - Re: Presidential Reference (Emergence of Collegium System) • Supreme Court on a reference made by the President under Article 143 has laid down the following proposition with respect to appointment of Supreme Court judges While making recommendation, CJI shall consult four senior most Judges of Supreme Court. This led to the emergence of present Collegium System. The opinion of all members of collegium regarding their recommendation shall be in writing. PROBLEMS WHICH EMERGED IN THE FUNCTIONING OF COLLEGIUM SYSTEM • Lack of transparency: Collegium System worked in complete secrecy and initially did not reveal the methodology or reasons provided for transfer or promotion of judges or even appointing senior lawyers as Judges of SC or HC. • Nepotism – Accusations of favouritism and preferential treatment to members from judicial fraternity were raised. This also impacted quality of judgment specially in High Courts. • Politicization of judiciary: Due to lack of transparency in appointing process, certain political appointments especially to High Court were Commission: Law witnessed. • Absence of Permanent Commission in its 121st Report on Reforms for Judicial Appointments proposed to set up a National Judicial Service Commission for appointment of Judges. Even NCRWC in its 2002 Report highlighted the need for National Judicial Commission for the purpose of appointments to higher judiciary. WHY DID THE SUPREME COURT DECLARE NJAC ACT AS UNCONSTITUTIONAL? • Violation of Basic Structure - Five Judge Bench of Supreme Court [4:1] declared the Constitution 99th Amendment Appointment Act and the Commission National Act, Judicial 2014 as unconstitutional as it violated the Basic Structure of the Indian Constitution. The views of the senior-most Supreme Court Judge • Inclusion of Members of Executive - Constitution who hails from the High Court from where the person 99th Amendment introduced Article 124A which recommended comes must be obtained in writing for provided for the constitution and composition of the Collegium’s consideration. National Judicial Appointments Commission (NJAC) 17 which apart from members of Judiciary also included Appointment Union Minister of Law & Justice and two Eminent unconstitutional. Persons to be appointed by the Central Government. • Violation of Independence of Judiciary - SC held Commission Act, 2014 as • Since, MoP does not prescribe for any fixed time line for appointment, hence it leg room central primacy of the judiciary, in the matter of selection and process. This also at times results in delay in the appointment of Judges to the higher judiciary as appointment process. of independence members of of judiciary executed and the violated aspect of separation of powers. Accordingly, Article 124A (a) to (d) was set aside by the Constitution Bench as being ultra vires. • Collegium System to Continue - The judgment officially allowed Collegium System for appointment and transfer to continue. for the government inclusion certain gives that Article 124A was insufficient to preserve the appointment • There are also instances where despite vacancies no recommendations are made by the Collegium of High Courts. • In the present MoP, there is no law to bind the Chief Justice of High Court for the same. Even the Constitution of India does not prescribe for either the Collegium System of Appointment or the Memorandum of Procedure to be followed. • Now, we have already gone through the collegium SC ALTERS MEMORANDUM OF PROCEDURE system of appointment in the first chapter. So, from our examination perspective, let us go through the Memorandum of Procedure (MoP) for the appointment of judges of Supreme Court and respective High Courts. SUPREME COURT MoP FOR APPOINTMENT OF CHIEF JUSTICE OF IN NEWS INDIA The Supreme Court has prescribed a judicially mandated timeline for the Union government to make appointment of judges in the High Courts. Thus, through its ruling, the Court has essentially altered the Memorandum of Procedure (MoP) and stated that the government must act on the names recommended for appointment within four months. So far, the MoP does not prescribe any time limit for the Centre to forward the recommendations for • Senior most Judge of SC - Appointment to the office of the Chief Justice of India should be of the senior most Judge of the Supreme Court considered fit to hold the office. • Union Law Minister to seek recommendations of outgoing CJI - at the appropriate time for the appointment of the next CJI. appointment. However, the centre has assured the Court • Consultation with other Judges as per Article that it will take a decision within the next three months on 124(2) in case of doubt - Whenever there is any ten names still pending with it after being recommended doubt about the fitness of the senior most Judge to by the Collegium for appointment as High Court judges. hold the office of the Chief Justice of India, consultation with other Judges as envisaged in Article IMPORTANCE OF MEMORANDUM OF PROCEDURE IN APPOINTING JUDGES OF SC & HC • Memorandum of Procedure (MoP) became an important document especially for the centre after Supreme Court Amendment Act declared and the the Constitution National 99th Judicial 124 (2) of the Constitution would be made for appointment of the next Chief Justice of India. • PM to advise the President on Appointment of CJI After receipt of the recommendation of the Chief Justice of India, the Union Minister of Law, Justice and 18 Company Affairs will put up the recommendation to • Issue of Gazette Notification for Appointment - As the Prime Minister who will advise the President in the soon as the warrant of appointment is signed by the matter of appointment. President, the Secretary to the Government of India in the MoP FOR APPOINTMENT OF JUDGES OF Department of Justice will announce the appointment and issue the necessary notification in SUPREME COURT • CJI to initiate proposal in case of vacancy Whenever a vacancy is expected to arise in the office the Gazette of India. MoP FOR APPOINTMENT OF ACTING CHIEF of a Judge of the Supreme Court, the Chief Justice of JUSTICE India • Appointment of acting Chief Justice is to be made will initiate proposal and forward his recommendation to the Union Law Minister. by • Opinion of CJI must be in consultation with the Collegium – which comprises 5 senior most Judges of the Supreme Court including CJI. most Judge in the Supreme Court who hails from High Court from President under Article 126 of the Justice must be filled whatever the period of vacancy. • In such an eventuality, the senior most available Judge • The CJI would ascertain the views of the senior the the Constitution - Vacancy in the office of the Chief where the person of the Supreme Court will be appointed to perform the duties of the office of the Chief Justice of India. • As soon as the President has approved the recommended comes - but if he does not have any appointment, the Secretary to the Government of knowledge of his merits and demerits, the next senior India in the Department of Justice will inform the Chief most Judge in the Supreme Court from that High Justice of India or in his absence the Judge concerned Court should be consulted. of the Supreme Court, and will announce the • Opinion of Collegium to be given in Writing as part of Record to the Government - The opinion of appointment and issue the necessary notification in the Gazette of India. members of the collegium in respect of each of the recommendations as well as the senior rmost Judge in HIGH COURT (HC) the Supreme Court from the High Court, from which a prospective candidate comes, would be made in MoP FOR APPOINTMENT OF CHIEF JUSTICE OF writing and the CJI, in all cases, must transmit his HC opinion as also the opinion of all concerned to the Government of India as part of record. • Union Law Minister to put forward collegium’s recommendation to the Prime Minister - who will then advise the President in the matter of appointment. • Secretary, Department of Justice to obtain Certificate of Physical Fitness - As soon as the appointment is approved, the Secretary to the Department of Justice will inform the Chief Justice of India and obtain from the person selected a certificate • The Government in consultation with the Chief Justice of India has decided as a matter of policy to appoint the Chief Justice of all High Courts from outside the state. • In case of initial appointment of a Chief Justice of a High Court, the provisions of Article 217 will have to be followed. • Transfer of Chief Justice from one High Court to another will be governed by the provision of Article 222. of physical fitness signed by a Civil Surgeon or a Article 217 - Appointment and conditions of the District Medical Officer. The Medical Certificate is to be office of a Judge of a High Court obtained from all persons selected for appointment whether they are at the time of appointment in the service of the State or not. (1) Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal and shall hold office, in the case of an additional or acting Judge, 19 as provided in article 224, and in any other case, until whose opinion is likely to be significant in adjudging he attains the age of sixty-two years. the suitability of the candidate. Article 222 - Transfer of a Judge from one High Court Law Minister along with his proposal. to another (1) The President may transfer a Judge from one High Court • For purposes of elevation as Chief Justices - the inter-se seniority of puisne Judges will be reckoned on the basis of their seniority in their own High Courts and they will be considered for appointment as Chief Justices in other High Courts when their turn would normally have come for being considered for such appointment in their own High Courts. • A Judge in a High Court who has one year or less to retire when his turn for being considered for as Chief Justice arrives, may be considered for appointment as Chief Justice in his own High Court if vacancy is to occur in the office of the Chief Justice in that High Court during that period. • CJI to initiate appointment of CJ of HC - Initiation of the proposal for the appointment of Chief Justice of a High Court would be by the Chief Justice of India. The process of appointment must be initiated well in time to ensure the completion at least one month prior to the date of anticipated vacancy for the Chief Justice of the High Court. must ensure that when a Chief Justice of HC is to another HC, then simultaneous appointment of his successor in office should be made. Ordinarily, the arrangement of appointment of an acting Chief Justice should not be made for more than one month. would obtain the views of the concerned State Government. After receipt of the views of the State Government, the Union Law Minister will submit proposals to the Prime Minister, who will then advise the President as to the selection of Chief Justice of High Court. • Issue of Notification for Appointment - As soon as the appointment is approved by the President, the Department of Justice will announce the appointment and issue necessary notification in the Gazette of India. MoP FOR APPOINTMENT OF ACTING CHIEF JUSTICE OF HC • Article 223 - Appointment of Acting Chief Justices is to be made by the President under Article 223 of the Constitution. • Intimation from the Chief Justice about his proceeding on leave or being unable to perform the duties of the Office of Chief Justice must be send arrangement for appointment of Acting Chief Justice. • Gazette Notification - When the intimation (mentioned above) is received, the Union Law Minister would send the proposal to appoint the senior most judge of HC as Acting Chief Justice to the President. The Secretary to the Government of India in the Department of Justice then informs the Chief Minister • CJI to consult with two senior most judges of SC CJI Minister of Law, Justice and Company Affairs would sent to all concerned well in advance to make • In Case of Transfer of Chief Justice of HC - The CJI transferred • Views to be obtained from State Government After receiving CJI’s recommendations, the Union to any other High Court. elevation • Views of Judges of SC to be sent by CJI to the Union his recommendation for the appointment of a Judge of the High Court as Chief Justice of that High Court or of another High Court, in consultation with the two senior most Judges of the Supreme Court. • CJI would also ascertain the views of the senior most colleague in the Supreme Court who is conversant with the affairs of the High Court in which the recommended Judge has been functioning and and announces the appointment and issue the necessary notification in the Gazette of India. • However, if it is proposed to appoint an Acting Chief Justice, other than the senior most puisne Judge, then the procedure for appointment of a regular Chief Justice as prescribed will have to be followed. Article 223 - Appointment of acting Chief Justice When the office of Chief Justice of a High Court is vacant or when any such Chief Justice is, by reason of absence or otherwise, unable to perform the duties of his office, the 20 duties of the office shall be performed by such one of the receipt of the proposal from the Chief Justice of the other Judges of the Court as the President may appoint for High Court. If the comments are not received within the purpose. the said time frame, it should be presumed by the MoP - APPOINTMENT OF PERMANENT JUDGES OF HC that the Governor (i.e. Chief Minister) has nothing to add to the proposal and proceed accordingly. • CJ to communicate his views to CM for appointment of Judge for HC at least 6 months before the date of occurrence of the vacancy. Judges of HC - regarding the suitability of the names proposed. • All consultation must be in writing and these opinions must be sent to the Chief Minister along with the recommendations. Appointing an - the Additional Chief or recommendations available to the Government Justice • The complete material would then be forwarded to the Chief Justice of India for his advice. • The Chief Justice of India would, in consultation with the two seniormost Judges of the Supreme Court, form his opinion in regard to a person to be recommended for appointment to the High Court. Judge as a permanent Judge, certain information needs to be furnished • The Union Law Minister to consider other reports regarding names under consideration. • CJ to seek recommendations from two senior most • For Union Minister of Law, Justice and Company Affairs along with his recommendation must furnish statistics of month wise disposal of cases and judgments rendered by the Judge concerned as well as the number of cases reported in the Law Journal duly certified by him. The information would also be furnished regarding the total number of working days, the number of days he actually attended the court and the days of his absence from the Court during the period for which the disposal statistics are sent. • In case CM recommends a name other than the name recommended by CJ - he should forward the same to the Chief Justice for his consideration. • CJ’s proposal must also be sent to the Governor, Chief Justice of India & Union Law Minister with full details - Since the Governor is bound by the advice of the Chief Minister heading the Council of Ministers, a copy of the Chief Justice’s proposal, with full set of papers, should simultaneously be sent to the Governor to avoid delay. Similarly, a copy thereof may also be endorsed to the Chief Justice of India and the Union Minister of Law, Justice and Company Affairs to expedite consideration. • Governor as advised by the Chief Minister should forward his recommendation along with the entire • CJI + Collegium of 2 Judges of SC to take into account views of - the Chief Justice of the High Court and of those Judges of the High Court who have been consulted by the Chief Justice as well as views of those Judges in the Supreme Court who are conversant with the affairs of that High Court. • After their consultations, the Chief Justice of India will in course of 4 weeks send his recommendation to the Union Law Minister. • Consultation by the Chief Justice of India with his colleagues should be in writing. • If Names are referred back, opinion of CJI must be obtained - Once the names have been considered and recommended by the CJI, they should not be referred back to the State Constitutional authorities even if a change takes place in the incumbency of any post. However, where it is considered expedient to refer back the names, the opinion or Chief Justice of India should be obtained. • The Union Law Minister would then preferably, within 3 weeks, put the recommendation of the CJI to the Prime Minister who will advise the President in the matter of appointment. • All correspondences between constitutional office holders must be in writing for record. • Union Secretary in Dept. of Justice to inform Chief set of papers to the Union Law Minister as early as Justice of HC - who will obtain from the person possible but not later than six weeks from the date of selected (i) a certificate of physical fitness signed by a 21 Civil Surgeon or District medical officer, and (ii) a of Article 224A to tackle the problem of mounting case certificate arrears in High Court. of date of birth. A copy of the communication will also be sent simultaneously to the Chief Minister of the State. Accordingly, Supreme Court in the case of Lok Prahari vs Union of India agreed that a plan to appoint retired • CJ of HC to forward documents to central govt. judges on an ad hoc basis to reduce pendency in the High When these documents are obtained, the Chief Justice Courts should not become an excuse to stop or further will intimate the fact to the Secretary to the delay the appointment process of regular judges. Thus, Government of India in the Department of Justice and Supreme Court activated a dormant provision of the also forward these documents to him. Constitution of India – Article 224A – for the appointment • Announcement of Appointment - As soon as the warrant of appointment is signed by the President, the Secretary to the Government of India in the Department of Justice will inform the Chief Justice and a copy of such communication will be sent to the Chief of ad hoc Judges to deal with the unprecedented situation arising from the backlog of cases pending in the High Courts, which has now crossed the figure of 57 lakh coupled with 40% vacancies remaining in the regular appointments (both permanent and additional judges) Minister. He will also announce the appointment and over the last two years. issue necessary notification in the Gazette of India. CONSTITUTIONAL PROVISIONS – HIGH COURT CONCLUSION • Law Commission in its 121st Report on Reforms for Judicial Appointments has highlighted that failure to fill in the vacancy is failure to perform a constitutional duty. • It is the responsibility of the state not only to set up adequate number of courts but to provide manpower • Chapter V of Part VI of the Constitution of India commencing from Article 214 upto Article 231 relates to the High Courts in the states. • Article 217 provides for the appointment and conditions of the office of a Judge of the High Court, wherein the current age of retirement is 62 years. • Article 224 deals with the appointment of for its functioning. Disposal of cases among other additional and acting judges - The objective as set things is directly proportionate to the number of out in the Article is to take care of any temporary judges in position. Unfilled vacancies are one of the increase in business of the High Court, or by reason of prime causes for mounting arrears. arrears of work therein. The appointment of an • Thus, the central government must complete the process of appointment for judges of various High Courts as more manpower will help to clear backlog of pending cases. AD HOC JUDGES IN HIGH COURT additional judge duly qualified to be the judge of a High Court has to be for a period not exceeding two years, or as the President may specify. The ground reality however, remains that while determining the strength of different High Courts, the practice that has been adopted is that about 25% of the strength consists of additional Judges. Article 224A - Appointment of retired Judges at sittings of High Court • Article 224A begins with a non-obstante clause (Notwithstanding anything in this Chapter….) – This empowers the provision to override the effects of any IN NEWS Lok Prahari, an NGO, had approached the Supreme Court through a PIL filed under Article 32 seeking the invocation other legal provisions contrary to this as provided under Chapter V of Part VI of the Constitution. This provision was placed so that a request can be made to any person who has held the office of a Judge of that 22 Court or of any other High Court, to sit and act as a - for recalling retired judges to function on the bench judge of the High Court for the state if needed. of a High Court for short periods has been found to be • The second aspect of Article 224A is that while sitting and acting, such a judge would be entitled to such allowances as the President may by order determine and have all the jurisdiction, powers, and privileges of the High Court judge. But for all other neither adequate nor satisfactory. It was sought to be replaced by the current Article 224, making provision for the appointment of Additional Judges to clear off arrears and for the appointment of Acting Judges in temporary vacancies. purposes shall not be deemed to be a High Court • Constitution (15th Amendment) Act, 1963 – After judge. The retired judge must give his consent for 7 Amendment, there appears to have a legislative re- appointment under Article 224A. think as the provision for the appointment of ad hoc CONSTITUENT ASSEMBLY DEBATES SUGGEST THAT AD HOC JUDGES WERE NOT TO BE APPOINTED FOR INDEFINITE PERIOD OF TIME • Article 224A was numbered as Article 200 in the Draft Constitution and discussed by the Constituent Assembly on 7th June 1949. The debate focused on th judges was reintroduced through Article 224A by the Constitution (15th Amendment) Act, 1963. • Constitution 15 th Amendment also increased the retirement age for Additional & Acting Judges of High Court from 60 years to 62 years. WHAT DOES THE TERM “BUT SHALL NOT the purpose and duration of the appointment of OTHERWISE BE DEEMED TO BE A JUDGE OF THAT retired High Court judges. HIGH COURT” PROVIDED UNDER ARTICLE 224A • Some part of the debates indicate that the retired MEANS? judge was to be invited back only for their expertise Krishan Gopal vs. Shri Prakash Chandra & Others - and experience to decide cases that were particularly Constitution Bench of Supreme Court clarified: difficult or important. • The person requested while so sitting and acting shall • However, Dr. B.R. Ambedkar had clarified that the have all the jurisdiction, powers and privileges of a intent behind the appointment of ad hoc judges was judge of the High Court. Such a person shall not as an alternative to the appointment of temporary or otherwise be deemed to be a judge of that Court. additional judges and they were not intended to be appointed for an indefinite length of time. • Dr. Ambedkar said, "It seems to me that if you are not going to have any temporary or additional judges you must make some kind of provision for the disposal of certain business, for which it may not be feasible to appoint a temporary judge in time to discharge the duties of a High Court Judge with respect to such matters." • The aforesaid provision, it was emphasized by Dr. Ambedkar, was borrowed (word for word) from Section 8 of the Supreme Court of Judicature (Consolidation) Act, 1925 in the UK, and similar provisions in America. CONSTITUTIONAL AMENDMENTS • Constitution 7 th Amendment - The provision for appointment of ad hoc judges was removed by the Constitution (7th Amendment) Act, 1956. The Amendment clarified that the provision in Article 224 • The words "while so sitting, and acting" show that the person requested not merely has the Jurisdiction, powers and privileges of a Judge of the, High Court, he also sits and acts as a Judge of that Court. • Question then arises as to what is the significance of the concluding words "but shall not otherwise be deemed to be a Judge of that Court". These words, indicate that in matters not relating to jurisdiction, powers and privileges the person so requested shall not be deemed to be a Judge of that Court. • The dictionary meaning of the word "otherwise" is "in other ways", "in other circumstances", "in other respects". The word "otherwise" would, therefore, point to the conclusion that for the purpose of jurisdiction, powers and privileges the person requested shall be a Judge of the concerned High Court and jurisdiction, for purposes powers and other than privileges, those the of person 23 requested shall not be deemed to be a Judge of that the High Court and the Chief Minister and will issue Court. the necessary notification in the Gazette of India. • For example – for such a Judge appointed under Article 224A, it will not be permissible to transfer him/her under Article 222 of the Constitution. • Note* No timeline has been provided to complete the process of appointment under Article 224A. SC JUDGMENT IN LOK PRAHARI CASE (APRIL • The use of the word "deemed" shows that the person who sits and acts as a Judge of the High Court under Article 224-A is a Judge of the said High Court but by a legal fiction he is not to be considered to be a Judge of the High Court for purposes other than those relating to jurisdiction, powers and privileges. 2021) • SC highlighted the existing vacancies – The data drawn from the National Judicial Data Grid (“NJDG”) shows that 5 High Courts alone are responsible for 54% of the pendency. They are: High Courts of Allahabad, Punjab & Haryana, Madras, Bombay, and MoP – APPOINTMENT OF JUDGES OF HIGH Rajasthan. The Madras High Court has among the COURT UNDER ARTICLE 224A highest arrears in the country of 5.8 lakh cases. Before understanding the SC judgment in the Lok Prahari • Ad Hoc Judges will deal with pending cases - The case, let us understand the Memorandum of Procedure NJDG data shows that 56.4% pending cases were filed followed in appointing Judges under Article 224A. within the past five years whereas 40% of the pending • Request to be made - Under Article 224A of the cases were filed between 5 to 20 years ago. The Constitution, the Chief Justice of a High Court may at any time, with the previous consent of the President, request any person who has held the office of a Judge of that court or of any other High Court to sit and act • Communication to CM after receiving consent of the person to be appointed - Whenever the necessity for such an appointment arises, the Chief Justice will after obtaining the consent of the person concerned, communicate to the Chief Minister of the State the name of the retired Judge and the period for which he will be required to sit and act as Judge of the High Court. • CM after consultation with the Governor to the recommendation to Union law Minister. • Union Law Minister to then consult with Chief Justice of India as per the procedure. • On receipt of CJI’s advice, the same would be put up to the Prime Minister - who will then advise the President as to the person to be appointed to it and act as a Judge of the High Court. • Notification of Appointment - As soon as the President gives his consent to the appointment, the Secretary to the Government of deal with the latter group of cases that have been pending for over five years. • SC highlighted the Administratative function of Chief Justice of HC - one of the most important as a Judge of the High Court of that State. forward primary purpose of appointing ad hoc Judges is to India in the Department of Justice will inform the Chief Justice of administrative functions of the Chief Justice of the High Court is to identify suitable candidates for elevation as judges of the High Court and make recommendations in turn. The pipeline of recommendation of Judges has to be kept flowing so as to cover vacancies. Once the recommendation is made, opinions of State Governments are solicited as also the input from the Intelligence Bureau. The recommendations are then processed by the Central Government in all manners, before they are put up to the collegium of the Supreme Court of India. • No time Limit for recommendations – SC noted that there have been many cases which have remained pending for long periods of time regarding approval of name by the central government. • Central Govt. has the right to return the recommended names with reservations - The Supreme Court collegium, which is the first three judges, (in such cases) thereafter bestows its consideration on these names after obtaining the opinions of the consultee judges. Those names which find approval of the collegium are then recommended 24 for appointment to the Union of India. At that stage, Article 224A of the Constitution. The concern was to the Government either proceeds to appoint the bring the arrears within manageable proportions. judges or it may have some reservations, in which case it would be within their right to return the recommendations with the reservations they have over the appointment. On reconsideration, if the recommendation is reiterated, in terms of the prevalent legal position, the appointment has to be made. • Delay in the process of returning of recommended names by the Central Govt. – The Supreme Court has highlighted this as an area of concern as the recommendation of the collegium should not remain pending for a long period of time. The aforesaid process should be completed at the earliest. • SC raised two crucial aspects: The aforesaid process has not resulted in filling up of vacancies for many years leading to vacancy as high as 40% across the High Courts. On this Supreme Court raised two important points: • Earlier use of Article 224A – The dormant Article has been used rarely on three occasions to appoint judges in Madhya Pradesh, Madras and Allahabad High Court. • Appointment under Article 224A does not constrain regular appointment process in High Courts. • Checks & Balances needed for appointments made under Article 224A – to ensure that the route of Article 224A is not taken in ordinary course of procedure in filling vacancies. • SC held that 3 months is sufficient to complete the process of appointment for a retired Judge – as he/she for their judicial appointment has already gone through the complete process. This in turn would be facilitated if the Chief Justice of the High Court takes the initial steps at least three months in advance so that there is no unnecessary delay in this regard. 1. How to make this process more efficacious; and 2. Till the vacancies are filled up, what is it that can support a quicker adjudicatory process? • MoP is not law under Article 141 and can be varied – Judicial pronouncements under Article 141 are law declared by the Supreme Court. However, the • Supreme Court also mentioned about various Law Memorandum of Procedure has been framed under an Commission Reports which approved to take the administrative discussion and cannot be said to be law route via Article 224A to reduce mounting arrears of declared by this Court and can always be varied. cases in High Courts. • Allowance of an Ad Hoc Judge – Allowances as • Law Commission’s 124th Report recognized that admissible to an ad-hoc judge is to be determined by retired judges have several decades of adjudicatory the President of India. The Court held that despite the experience, and their talents could be utilized to voluntary nature of work no one would like to accept dispose of mounting arrears. On account of their allowances less than what are admissible to a sitting experience, they would be quick in disposing cases judge. Thus, the same monetary benefits and privileges and should be payable to an ad-hoc judge as admissible to a being unburdened with administrative or admission work, they could spend their entire time hearing old matters. Thus, the appointment of retired judges as ad-hoc judges was seen as a part of a "multipronged attack" on arrears, and was strongly recommended. • Even Law Commission’s 79th Report suggested recourse to Article 224A to reduce pendency of cases. judge minus the pension. • Emoluments to be paid would be a charge on the Consolidated Fund of India consisting of salary and allowances - For all practical purposes the ad hoc Judge would receive the same emoluments, allowances and benefits as are admissible to the permanent/additional Judges. • Law Commission’s 188th Report - In the interest of • SC issued Continuing Mandamus – The Court held clearing arrears in the High Court in various types of that it would not be appropriate to close the present cases, including criminal matters, it was felt that it was proceedings but instead a concept of continuing the need of the hour to make appointments under mandamus would be appropriate in the present 25 proceedings to work out the most effective method of • Considering the strength of the High Court and the taking recourse to Article 224A. The principle of problem faced by the Court, the number of ad hoc continuing mandamus forms part of constitutional Judges should be in the range of two to five in a High jurisprudence and the term was used for the first time Court. in Vineet Narain v. Union of India. The practice of issuing continuing directions to ensure effective discharge of duties was labelled as a “continuing mandamus”. • Continuing mandamus is an innovative procedure not a substantive one - it allows the Court an effective basis to ensure that the fruits of a judgment can be enjoyed by the right-bearers, and its realisation is not hindered by administrative and/or political recalcitrance. It is a means devised to ensure that the administration of justice translates into tangible benefits. SC GAVE FIVE TRIGGER POINTS TO USE ARTICLE 224A FOR JUDICIAL APPOINTMENT 1. If the vacancies are more than 20% of the sanctioned strength. 2. The cases in a particular category are pending for over five years. 3. More than 10% of the backlog of pending cases is over five years old. 4. The percentage of the rate of disposal is lower than the institution of the cases either in a particular subject matter or generally in the Court. 5. Even if there are not many old cases pending, but depending on the jurisdiction, a situation of mounting arrears is likely to arise if the rate of disposal is consistently lower than the rate of filing over a period of a year or more. TENURE OF APPOINTMENT UNDER ARTICLE 224A • The tenure for which an ad hoc Judge is appointed may vary on the basis of the need. • However, in order to give an element of certainty and ensuring the purpose of their appointment, generally the appointment should be for a period between two to three years. • However, the Court clarified that an ad hoc Judge(s) will not be part of the sanctioned strength of Judges of the High Court to which they are appointed. ROLE OF ADHOC JUDGES • The primary objective is to deal with long pending arrears and the objective will be subserved by assigning more than five-year-old cases to the ad hoc Judges so appointed. • However, Chief Justice of HC shall have discretion to allocate cases which are less than 5 years old. • Adhoc Judge will not be entrusted any administrative work, as it will defeat the very purpose of appointment of ad hoc Judge(s), which is to clear the backlog of old cases. • Division Bench (Bench of 2 Judges) in HC may be constituted only of ad hoc Judges because these are old cases which need to be taken up by them. • Adhoc Judges appointed under Article 224A are not allowed to perform any other legal work whether it be advisory, of arbitration or appearance because of the very nature of the profile and work to be carried out by ad hoc Judges. ADHOC JUDGE OF SUPREME COURT (ART 127) • If at any time there is not enough quorum of judges in the Supreme Court to conduct hearing, the Chief Justice of India with previous consent of President and after consultation with the Chief Justice of High Court concerned, request as Judge of High Court (Qualified for appointment to Supreme Court) to attend Supreme Court, as a Judge of Supreme Court to be designated by Chief Justice of India. • Period of service of an Adhoc Judge is determined by CJI. • Adhoc judges have powers, jurisdiction and privileges similar to a judge of Supreme Court. NUMBER OF JUDGES TO BE APPOINTED UNDER ARTICLE 224A 26 APP TO VIEW SC PROCEEDINGS SUPACE IN NEWS The Supreme Court has launched its Artificial Intelligence portal - Supreme Court Portal for Assistance in Courts Efficiency - SUPACE. Through this portal, the SC intends to IN NEWS leverage machine learning to deal with the vast amounts Chief Justice of India NV Ramana launched a mobile app of data received at the time of filing of cases. SUPACE was inaugurated by the former CJI in an event held virtually and attended by judges from several High Courts of the country. to enable journalists to report virtual proceedings without having to visit court premises. In a September 2018 judgment, a three-judge bench headed by then CJI Dipak Misra had given its nod to live stream court proceedings, saying this will bring more accountability and enhance the ABOUT SUPACE • Enhance Efficiency - This integration of artificial rule of law. intelligence in the judicial domain is aimed at reducing POINTS HIGHLIGHTED BY THE CJI pendency and enhancing efficiency and productivity of • Transparency is a time-honored principle when it justice delivery. comes to the country’s judicial process and it’s • SUPACE was launched by former CJI SA Bobde, who described it as a “perfect blend of human intelligence and machine learning.” important for the public to be able to access court proceedings. • Rulings of the court affect lives of people and in concerns regarding this regard media’s role assumes importance in the unemployment or redundancy of certain posts process of disseminating true information to the after introduction of SUPACE -- which is expected to public at large. • Former CJI dismissed all be initially used on an experimental basis by the judges of Bombay and Delhi High Courts who deal with criminal matters. • SUPACE is AI-enabled assistive tool that can augment the efficiency of the legal researchers and judges to work on cases, extract relevant information, read case files, manage teamwork and draft case documents. • The initiative to launch the mobile app for journalists came after CJI heard that the Press was depending on lawyers for video links of virtual hearings. • Supreme Court’s website would have a new feature, called “Indicative Notes” that would provide concise summaries of landmark judgments in an easy-to-understand format. This will serve as a • SUPACE is fully customizable and behaves uniquely useful resource for media persons and the general like its user. The AI within it adapts and adopts user public who wish to be better informed about the behaviour based on incremental usage of the rulings of the court. platform. This is one of the first examples of mass customization in the world. • SUPACE provides a digital infrastructure in the • CJI stated that the project must be implemented in a progressive, structured and phased manner, with certain safeguards to ensure that the purpose judicial world. SUPACE, with its robust workflow and of machine learning abilities, will help in unlocking the holistically and that it does not interfere with the unutilised power of digitisation. administration of justice or the dignity and majesty of live-streaming of proceedings is achieved 27 the court hearing the matter and/or impinge upon any rights of the litigants or witnesses. LIVE STREAMING OF SUPREME COURT CASES IN NEWS The Supreme Court declared that National Green Tribunal (NGT) does not have the powers to examine validity of laws or strike them down. A bench headed by Chief Justice Positive Negatives 1. Enhance transparency and rule of law. 1. Lack sufficient infrastructure across Courts in India. challenging Section 40 of the Biological Diversity Act, 2002. 2. Need additional funds from the respective state governments. In this analysis, let us learn about Biodiversity Authority 2. It will give accessibility to the Court Room to common citizens and this will help them to understand and shape their own opinion on various matters of national concern. 3. It will empower citizens and strengthen Article 19(1)(a). 4. It will prevent dissemination of fake news by certain vested interests on controversial judgments. 5. Indicative Notes will translate tough legal language of judgment in a simple communicable one. This will also clear confusion about the judgment. 6. It will allow law students, interns and young lawyers to learn by watching actual court room proceedings. 3. Need additional data, (especially by not well to do lawyers) to hear lengthy court room proceedings. 4. Misuse of the technology. 5. Live streaming of argument in Courts can be used by the government as platform to air their political views on serious constitutional and legal issues. 6. Not desirable or reasonable to provide live streaming of criminal cases or cases of divorce or adoption or family disputes related to inheritance. 7. Live streaming of cases may impact “Right to Privacy” of citizens as enshrined by K.S. Puttaswamy judgment. S A Bobde made the observation while hearing an appeal Supreme Court also stayed further proceedings before the National Green Tribunal. and National Green Tribunal. SECTION 40 OF BIOLOGICAL DIVERSITY ACT, 2002 • Power of Central Government to exempt certain biological resources - Notwithstanding anything contained in this Act, the Central Government may, in consultation with the National Biodiversity Authority, by notification in the Official Gazette, declare that the provisions of this Act shall not apply to any items, including biological resources normally traded as commodities. NATIONAL BIODIVERSITY AUTHORITY • The National Biodiversity Authority (NBA) was established by the Central Government in 2003 to implement India’s Biological Diversity Act (2002). • The NBA is a Statutory Body and it performs facilitative, regulatory and advisory functions for the Government of India on issues of conservation, sustainable use of biological resources and fair and equitable sharing of benefits arising out of the use of biological resources. • The Biological Diversity Act (2002) mandates implementation of the provisions of the Act through decentralized system with the NBA focusing on advising the Central Government on matters relating to the conservation of biodiversity, sustainable use of its components and equitable sharing of benefits arising out of the utilization of SC ON NGT biological resources; and advising the State Governments in the selection of areas of biodiversity importance to be notified as heritage sites and measures for the management of such heritage sites. • The State Biodiversity Boards (SBBs) focus on advising the State Governments, subject to any guidelines issued by the Central Government, on 28 matters relating to the conservation of biodiversity, • The Tribunal shall have the jurisdiction over all civil sustainable use of its components and equitable cases where a substantial question relating to sharing of the benefits arising out of the utilization of environment (including enforcement of any legal right biological resources. relating to environment), is involved and such • The SBBs also regulate, by granting of approvals or otherwise upon requests for commercial utilization or bio-survey and bio-utilization of any biological resource by the Indians. local level are responsible for promoting conservation, sustainable use and documentation of biological including preservation enactments specified in First Schedule. • First Schedule of NGT Act, 2010 provides for the following enactments – • Biodiversity Management Committees (BMCs) at diversity question arises out of the implementation of the of habitats, conservation of land races, folk varieties and cultivars, domesticated stocks and breeds of animals and The Water (Prevention and Control of Pollution) Act, 1974 The Water (Prevention and Control of Pollution) Cess Act, 1977 The Forest (Conservation) Act, 1980 microorganisms and chronicling of knowledge relating The Air (Prevention and Control of Pollution) Act, 1981 to biological diversity. The Environment (Protection) Act, 1986 ABOUT THE NATIONAL GREEN TRIBUNAL (NGT) The Public Liability Insurance Act, 1991 • The National Green Tribunal has been established The Biological Diversity Act, 2002 under The National Green Tribunal Act 2010 for: effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources; including enforcement of any legal right relating to environment and giving relief and compensation for damages to persons and property. • NGT is a specialized body equipped with the necessary expertise to handle environmental disputes involving multi-disciplinary issues. • The Tribunal's dedicated jurisdiction in environmental matters shall provide speedy environmental justice and help reduce the burden of litigation in the higher courts. • The Tribunal is mandated to make and endeavour for disposal of applications or appeals within 6 months of filing of the case. • New Delhi is the Principal Place of Sitting of the Tribunal and Bhopal, Pune, Kolkata and Chennai shall be the other four place of sitting of the Tribunal. • Taking up matter Suo Moto by NGT: NGT has power to take up any matter suo motu (on its own) as per Section 14 and 15 of NGT Act, 2010. RELIEF, COMPENSATION AND RESTITUTION (SECTION 15) The Tribunal may, by an order, provide – • relief and compensation to the victims of pollution and other environmental damage arising under the enactments specified in the Schedule I (including accident occurring while handling any hazardous substance). • for restitution of property damaged. • for restitution of the environment for such area or areas. Appeal to SC: Any person aggrieved by any award, decision or order of the Tribunal, may, file an appeal to the Supreme Court, within ninety days from the date of communication of the award, decision or order of the Tribunal. COMPOSITION OF NGT JURISDICTION OF THE TRIBUNAL TO SETTLE • As per the NGT Act, 2010, the Tribunal shall consist of DISPUTES (SECTION 14) (a) a full time Chairperson 29 (b) not less than ten but subject to maximum of twenty full time Judicial Members as the Central Government may, from time to time, notify (c) not less than ten but subject to maximum of twenty WORLD PRESS FREEDOM INDEX REPORT 2021 full time Expert Members, as the Central Government may, from time to time, notify QUALIFICATION • For Chairperson & Judicial Member - A person shall not be qualified for appointment as the Chairperson or Judicial Member of the Tribunal unless he is, or has been, a Judge of the Supreme Court of India or Chief Justice of a High Court IN NEWS India has been ranked 142/180 countries having a score of 46.56 in 2021. This means that press freedom in India is continuously declining and India remains one of the world’s most dangerous countries for journalists. India was ranked 142/180 even last year in 2020. • The Chairperson, Judicial Member and Expert Member of the Tribunal shall not hold any other office during their tenure. APPOINTMENT • The Chairperson shall be appointed by the Central Government in consultation with the Chief Justice of India. • The Judicial Members and Expert Members of the Tribunal shall be appointed on the recommendations of such Selection Committee and in such manner as may be prescribed. TERM OF OFFICE • The Chairperson, Judicial Member and Expert Member of the Tribunal shall hold office as such for a term of five years from the date on which they enter upon their office, but shall not be eligible for reappointment. • Provided that in case a person, who is or has been a Judge of the Supreme Court, has been appointed as Chairperson or Judicial Member of the Tribunal, he shall not hold office after he has attained the age of seventy years. RESIGNATION • The Chairperson, Judicial Member and Expert Member of the Tribunal may, by notice in writing under their hand addressed to the Central Government, resign their office. WHAT DOES THE INDEX MEASURE? • The Index ranks 180 countries and regions according to the level of freedom available to journalists. • It is a snapshot of the media freedom situation based on an evaluation of pluralism, independence of the media, quality of legislative framework and safety of journalists in each country and region. • It does not rank public policies even if governments obviously have a major impact on their country’s ranking. Nor is it an indicator of the quality of journalism in each country or region. GLOBAL INDICATOR • Along with the Index, RSF calculates a global indicator and regional indicators that evaluate the overall performance of countries and regions (in the world and in each region) as regards media freedom. • It is an absolute measure that complements the Index’s comparative rankings. 30 • The global indicator is the average of the regional indicators, each of which is obtained by averaging the scores of all the countries in the region, weighted according to their population as given by the World Bank. IN NEWS The President of India has appointed Shri Sushil Chandra, the senior-most Election Commissioner, as the Chief Election Commissioner (CEC) in the Election Commission of India. Shri Sushil Chandra has assumed the charge of IMPORTANT HIGHLIGHTS OF THE REPORT FOR office of the Chief Election Commissioner with effect from INDIA the 13th ApriI, 2021. In this regard, let go through some of • World Press Freedom Index is compiled by Reporters Without Borders (RSF). • With four journalists killed in connection with their the important functions performed by the Election Commission in Indian elections. ELECTION COMMISSION OF INDIA work in 2020, India is one of the world’s most • The Election Commission of India is an independent dangerous countries for journalists trying to do their Constitutional Authority since 25th January, 1950. job properly. • The • Journalists in India are exposed to every kind of attack, including police violence against reporters, ambushes by political activists, and reprisals instigated by criminal groups or corrupt local officials. 2019, pressure has increased on the media to toe the government’s line. The coordinated hate campaigns waged on social networks against journalists who dare or write about subjects that annoy government followers are terrifying and include calls for the journalists concerned to be murdered. • Criminal prosecutions are often invoking “sedition” used to gag against those journalists are critical of government’s steps or performances. coronavirus crisis to step up its control of news by one or Chief Election more Election Commissioners to be appointed. • Currently, the Commission has a Chief Election Commissioner and the Election Commissioners enjoy the status of a Judge of the Supreme Court of India. • The Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court and the conditions of service of the Chief disadvantage after his appointment. • Whereas any other Election Commissioner or a Regional Commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner. • In 2020, the government took advantage of the coverage and for Election Commissioner shall not be varied to his journalists critical of the authorities, with some prosecutors Commissioner provides Commissioner and two Commissioners. Chief Election • According to the Report, after the general elections of to speak Constitution prosecuting journalists providing information at variance with the official position. • The Election Commission shall have the superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the • NITI Aayog had earlier raised objections on the Legislature of every State and of elections to the methods adopted to rank countries which are based offices of President and Vice-President held under on biased data. this Constitution. • The Election Commission prepares, maintains and NEW CEC APPOINTED periodically updates the Electoral Rolls, which show who is entitled to vote, supervises the nomination of candidates, registers political parties, monitors the election campaign, including the funding and exponential by candidates. 31 • The Commission also organises the polling booths where voting takes place, and looks after the Legislative Assemblies. For the Rajya Sabha the age limit is 30 years. Candidates for Vidhan Sabha should counting of votes and the declaration of results. All this is done to ensure that elections can take place in an orderly and fair manner. be residents of the same state from which they wish to contest. • The Commission decides most matters by consensus but in case of any dissension, the majority view prevails. • At the state level, a Chief Electoral Officer with a core staff of varying numbers, is available on a full time basis. • At the district and constituency level, officers and staff of the civil administration double up as election officials. • During actual conduct of elections, a vast number of additional staff are temporarily deployed and they function mainly as polling and counting officials. IMPORTANT ROLE PLAYED BY ELECTION COMMISSION • Supervisory Powers to Conduct Elections - The Election Commission shall have the superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under this Constitution. • Preparations of Electoral Rolls - The updating of electoral rolls is a continuous process, which is interrupted only at the time of the elections during the period from after the last date of filing nominations till the completion of the elections. The administrative machinery involved in the preparation, maintenance and revision of the electoral rolls has the ECI at the top of the hierarchy. The Election Commission has undertaken the computerisation of all electoral rolls throughout India, which has led to improvements in the accuracy and speed with which the electoral roll can be updated. • Issue of Notification - The election process starts with the issue of notification for the Parliamentary Constituencies and Assembly Constituencies. • Age to contest elections - Any Indian citizen who is registered as a voter is otherwise not disqualified under the Law and is over 25 years of age is allowed to contest elections to the Lok Sabha or State • Deposits made by Candidates - Every candidate has to make deposit of Rs. 25,000/- for Lok Sabha election and Rs. 10,000/- for Rajya Sabha or Vidhan Sabha elections, except for candidates from the Scheduled Castes and Scheduled Tribes who pay half of these amounts. The deposit is returned if the candidate receives more than one-sixth of the total number of valid votes polled in the constituency. • Appointment of Returning Officers - RO appointed by the Election Commission, are put in charge to receive nominations of candidates in each constituency, and oversee the formalities of the election. • Reserved Seats for SC & ST - In a number of seats in the Lok Sabha and the Vidhan Sabha, the candidates can only be from either one of the scheduled castes or scheduled tribes. The number of these reserved seats is meant to be approximately in proportion to the number of people from scheduled scheduled tribes in each state. castes or • Model Code of Conduct - During the election campaign the political parties and contesting candidates are expected to abide by a Model Code of Conduct (MCC) evolved by the Election Commission on the basis of a consensus among political parties. The Model Code lays down broad guidelines as to how the political parties and candidates should conduct themselves during the election campaign. • Limit on Election Expense – Conduct of Elections (Amendment) Rules, 2014 amended Rule 90 of Conduct of Election Rules, 1961 to increase the limit of expense for elections to Lok Sabha and State Assembly. For Lok Sabha, the minimum expense allowed is Rs. 70 lakhs with an exception of constituencies of Sikkim, Arunachal and some Union Territories where minimum expense allowed is Rs. 54 lakhs. Whereas minimum expense by candidates for state assembly election is Rs. 28 lakhs. Recently, the Law Ministry (October, 2020) has increased the expenditure limit for Assembly and Lok Sabha elections by 10% based on suggestions of Election Commission. 32 • Use of Electronic Voting Machines (EVM) & VVPAT Electronic Voting Machines has been developed to 2021 under Article 123 to amend the Cinematograph Act, 1952, the Customs Act, 1962, the Airports Authority of facilitate easy polling and counting. The machines have been developed by Electronics Corporation of India Limited (ECIL) and Bharat Electronics India Act, 1994, the Trade Marks Act, 1999 and the Protection of Plant Varieties and Farmers’ Rights Act, 2001 and certain other Acts. Corporation of India Limited (BEL). From 2013, a new system has been added in the EVM called Voter Verifiable Paper Audit Trail (VVPAT). A printer is WHAT HAS BEEN CHANGED THROUGH THE attached with the EVM and kept into Voting Compartment which prints Serial Number, Name and Symbol of the candidate for whom a voter has voted. This printed slip remains exposed for 7 seconds under a transparent window and gets cut automatically and falls into a dropbox which remain sealed. ORDINANCE? • The Ordinance amends various Acts and has replaced the word “Tribunal” with High Court, Central Government legislations. or other authority for different • The Finance Act, 2017 empowered the central government to notify rules on: (i) qualifications of members of tribunals, TRIBUNALS REFORMS (ii) terms and conditions of their service, and (iii) composition of search cum selection committees for 19 tribunals (such as the Customs, Excise, and Service Tax Appellate Tribunals). IN NEWS The President of India promulgated the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, • The 2021 Ordinance amends the 2017 Act to include provisions related to the composition of search-cumselection committees and term of office of tribunal members in the Act itself. Transfer of functions of key appellate bodies as proposed under the Ordinance Acts (Legislations) Present Appellate Body Proposed Entity to which authority is Transferred The Cinematograph Act, 1952 Appellate Tribunal High Court The Trade Marks Act, 1999 Appellate Board High Court The Copyright Act, 1957 Appellate Board Commercial Court or the Commercial Division of a High Court The Customs Act, 1962 Authority for Advance Rulings High Court The Patents Act, 1970 Appellate Board High Court Airport Tribunal Central government, for disputes arising from the disposal of properties left on airport premises by unauthorised occupants. The Airports Authority India Act, 1994 of Appellate High Court, for appeals against orders of an eviction officer. The Control of National Highways (Land and Traffic) Act, 2002 The Airport Appellate Tribunal Civil Court The Geographical Indications of Goods (Registration and Protection) Act, 1999 Appellate Board High Court 33 Q1. Consider the following statements: (b) 1. Every Judge of the Supreme Court shall be (c) appointed by the President by warrant under his hand and seal. 2. Inviting more Public Interest Litigations on similar issues currently being heard by the Court. (d) No such term exists. Q4. The term SUPACE which has been in news can A Judge of Supreme Court may, by writing under his hand addressed to the President or Prime Minister, (whoever is available) resigns his office. Which of the statement given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Q2. Consider the following statements: 1. Memorandum of Procedure has been framed under Article 141 of the Constitution of India. 2. Allowing more time to collect evidence Memorandum of Procedure cannot be varied at be associated with? (a) Lok Adalat – conduct and management (b) AI driven research portal for judiciary (c) Legal mechanism to deal with Bitcoins (d) Environmental Regulations Q5. Consider the following statements: 1. Chief all. 1 only (b) 2only (c) Both 1 and 2 (d) Neither 1 nor 2 Commissioner shall not be and on the like grounds as a Judge of the Which of the statement given above is/are correct? (a) Election removed from his office except in like manner Supreme Court. 2. Any other Election Commissioner can be removed from office by the central govt. Which of the statement given above is/are correct? Q3. (a) Which of the following best describes the (a) 1 only (b) 2 only term “continuing mandamus”? (c) Both 1 and 2 (d) Neither 1 nor 2 The practice of issuing continuing directions to ensure effective discharge of duties. Q1. Highlight various ways in which mounting arrears of pendency in High Courts and Supreme Court can be decreased. (10 Marks) (150 Words) Q2. Critically analyse the steps taken by the judicial fraternity to allow live streaming of Supreme Court proceedings. (15 Marks) (250 Words) Answers: 1-a, 2-d, 3-a, 4-b, 5-a 34 CAPITAL EXPENDITURE The objective is to ensure multiplier effect, boost both demand and supply, crowd-in private sector investment, revive the spirits and kickstart Indian economy. However, it is easier said than done. The ability of capital expenditure to boost long-term growth within the Indian economy is saddled with multi-faceted challenges. IN NEWS In order to deal with the economic slowdown caused due to Covid-19, the Economic Survey 2020-21 has called for In this regard, let us have a look at the following dimensions: A. Trends in Revenue and Capital Expenditure in India B. Case for Increase in Capital Expenditure adoption of Counter Cyclical Fiscal Policy with more focus C. Concerns and Challenges on Capital Expenditure. Similarly, the Budget has allocated D. Way Forward 5.54 lakh crores for the Capital expenditure in the Financial year 2021-22. This is almost 34% higher allocation in comparison to previous financial year 2020-21. Trends in Revenue and Capital Expenditure in India 35 • The share of revenue expenditure in the total expenditure has increased from 73% in 1990 to 84% in 2021. However, the share of Capital Expenditure has reduced from 27% in 1990 to 12% in 2019-20. CASE FOR INCREASE IN CAPITAL EXPENDITURE • Revive Economy: In India, the capital expenditure multiplier is around 2.45, while the revenue expenditure multiplier is 0.99 (RBI Bulletin, Dec 2020). • Similarly, a higher share of our borrowings (Fiscal Thus, for a Rs. 1 crore increase in capital expenditure, Deficit) is used for funding Revenue Expenditure GDP increases by Rs. 2.45 crores, whereas if there is a rather than Capital Expenditure. This shows a 1 crore increase in revenue expenditure, the GDP consistent decline in the quality of Fiscal Deficit in increases only by Rs.0.99 crore. Hence, Capital India. For example, in 2020-21, out of total Fiscal Expenditure has the potential to revive both demand Deficit of Rs 18 lakh crores (9.5% of GDP), the share of and supply leading to expeditious economic recovery. revenue expenditure is 14.5 lakh crores (7.5% of GDP). Remaining only Rs 3.5 lakh crores of the Fiscal Deficit is spent for capital expenditure. • Crowd-in Private sector Investment as the Government expenditure on creation of capital assets would boost demand for Goods and services produced by the Private sector entities. • Shift gears from Consumption driven to Investment driven economy as recommended by Eco Survey 2019-20. • Higher Debt Sustainability: The Economic Survey 2020-21 has highlighted that India need not be worried about Quantity of Public Debt, rather we should be worried about our capacity to repay. Our capacity to repay in turn depends upon Interest rate growth differential (IRGD). • The IRGD is calculated as Interest rate - GDP growth. The Public Debt would be sustainable as long as the GDP growth rate is higher than the rate of Interest at which we are borrowing loans. Higher Capital expenditure would lead to higher GDP growth rate and hence leads to higher debt sustainability. • Plug gaps in Infrastructure: India needs to spend $4.5 trillion on infrastructure by 2030 to sustain its growth rate. Higher Capital expenditure would lead to creation of world class infrastructure in terms of Roads, railways, ports etc. • Reduce Logistics cost and boost Make in India: Higher Capital expenditure would help us bring down the logistics cost from around 12%-14% of the GDP to the global benchmark of around 8-10% of GDP. • Boost Employment expenditure would Creation: create Higher more Capital employment opportunities, enable people to earn their livelihoods and boost demand in the economy. 36 CONCERNS AND CHALLENGES • Neglect of Immediate needs of the people: According to some of the economists, instead of providing benefits to the people in the form of cash transfers, free ration, Education, healthcare etc. to deal with Covid-19 pandemic, Government ends up giving more emphasis on creation of capital assets. • Problem of Time lag as the increase in the capital expenditure would not have immediate impact on the economy. • Multiplier effect may not come into being as the private sector may not increase its investment due to fear of lower GDP growth rates and lower rate of returns. Similarly, due to unforeseen circumstances prevailing in the economy, people may decide to save money instead of spending leading to decline in demand. • Time and cost overrun in completing infrastructure projects could lead to lower rate of returns and hence make the projects financially unviable. • Poor quality of asset creation can lead to higher recurring expenditure on maintenance. WAY FORWARD • The Budget 2021-22 has rightly prioritised on Capital Expenditure. However, in order to ensure that it would lead to expected outcomes, the Government needs to address some of the constraints such as time and cost overruns, improving Ease of Doing Business etc. • At the same time, new initiatives such as Development Bank and National Monetisation Pipeline have to be implemented in the right earnest. The government should also aim to cut down on inefficient revenue expenditure and focus on creating a balanced and stable virtuous cycle. • Crowd out Private sector investment due to higher government borrowings. IPR WAIVER ON COVID DRUGS IN NEWS The entire world is grappling with the CoVID-19. During these exceptional times, patent protection available on vaccines, medicines and diagnostic tests for Covid-19 could act as the 37 biggest hindrance to ensure affordable, inclusive and MECHANISM FOR WAIVERS UNDER WTO equitable healthcare. Hence, in Dec 2020, India and South AGREEMENTS Africa had asked for patent waiver to deal with CoVID-19. So far, it was opposed by number of countries including USA. Now recently, the Joe Biden administration has agreed to this proposal of waiver on Patents. A number of other countries, including France and NZ have also indicated their support for waiver. Supporters of the proposal say the waiver will allow for the faster manufacturing of COVID-19 vaccines for use by developing countries. On the other hand, pharmaceutical companies claim that granting the waiver could hurt future • Marrakesh Agreement which led to establishment of WTO provides that a waiver under WTO treaties, such as TRIPS, can be decided at the WTO Ministerial Conference through consensus among all the member countries. • The waiver needs to contain a justification based on the exceptional circumstances. • Waivers are reviewed by the Ministerial Conference annually until its termination. innovation and will not lead to the quick production of BENEFITS OF PATENT WAIVER coronavirus vaccines. • Saving Lives: The technological breakthrough So, clearly, there are both pros and cons of IPR waiver on achieved in the form of vaccines and medicines has various technologies related to Covid-19. mainly benefitted the developed countries. For example, the vaccination coverage in advanced UNDERSTANDING THE WAIVER ON PATENTS • Normal Circumstances: Usually, when a company is issued a Patent, the company has the exclusive right to manufacture the product for the next 20 years. For example, Remdesivir which is now extensively used to treat Covid infections is patented by US based company Gilead. This means that only this US based company can manufacture Remdesivir for the next 20 years. But at the same time, Gilead can enter into voluntary licensing agreements with the other manufacturers wherein it can transfer the technology and know-how of manufacturing Remdesivir. For example, Gilead has entered into voluntary licensing agreement with Indian pharma companies such as Dr. Reddy's laboratories to manufacture Remdesivir injections. • Waiver on Patents: Any pharmaceutical company would be allowed to manufacture the vaccines, medicines without having patents or without entering into voluntary licensing agreements with the patent holder. The pharma companies would have complete economies such as USA, UK etc. is more than 50%. However, in African countries, it is below 1%. In India, it is around 10%. Hence, a patent waiver would provide for equitable and inclusive approach to deal with Covid-19. • Public funded Research: Most of the pharma companies, particularly in advanced economies such as USA have received huge grants from their governments to undertake R&D to develop vaccines and medicines. Hence, since a significant chunk of R&D expenditure is indirectly incurred by the Government, it would be prudent to provide for temporary waiver on Patents. • Best bet to Fight Pandemic: ο Promote Global Cooperation to fight Crisis. ο Ramp up Production of Vaccines and Medicines and Flatten the Curve ο Equitable distribution of Vaccines ο Availability of Vaccines at affordable cost freedom to carry out reverse engineering and • Saving Livelihoods: Impact of Pandemic- 1.4% of manufacture the patented product. The company Global Population pushed into extreme poverty; 90% would have complete freedom in fixing the prices and of countries faced GDP contraction. more importantly, the company would not be liable to pay any compensation to the patent holder. • Current Mechanism for Exemptions for Patents such as Compulsory Licensing and Parallel Imports – Time Consuming and Complex Process 38 • Lower profit margins for the Pharma companies as REASONS FOR OPPOSITION The intent behind the push for waiver is to ramp up production, bring down the prices and effectively deal with Covid-19. However, Pharma companies and some of the advanced economies believe that a temporary waiver is a simple solution to a complex problem. In fact, a they mainly sell vaccines to the Government at lower prices. In spite of temporary waiver on Patents, lower profit margins may prevent the Pharma companies from manufacturing vaccines and medicines • Problem of Quality controls as less capable pharma waiver may not actually lead to increase in production or companies decrease in prices and can end up affecting the interests products. of global community at large. further development in field of medicines, vaccines and diagnostic tests. This is particularly of concern since the virus is mutating. Similarly, if we waive off the patent protection this time, then in case of future pandemics, pharma companies may not willingly come forward to develop vaccines and medicines. • Flawed Assumption: The lower production and higher prices of medicines and vaccines is not entirely on account of Patent regime. Apart from Patents, other extrinsic factors such as availability of raw materials, Technological know-how, manufacturing etc. are also try to manufacture patented • Extremely time consuming and complex as the • Discourage Investment in R&D for undertaking capacity may hindering widespread availability. • Complexity in manufacturing of medicines and vaccines (such as mRNA Vaccines) prevent the pharma companies from entering into voluntary licensing agreements with the pharma companies in the poor and developing countries. INVERSE FORK-TO-FARM STRATEGY waiver on Patents would have to be agreed through consensus among all the WTO member countries. THIRD WAY • The Director General of WTO has proposed for a third way instead of Temporary waiver on Patents. Under the third way, there is a need to encourage pharma companies to enter into a greater number of voluntary licensing agreements with the Pharma companies based in poor and developing countries. For example, AstraZeneca has entered into voluntary licensing agreement with Serum Institute of India to manufacture Covishield. • AstraZeneca can enter into a greater number of such voluntary licensing agreements with other pharma companies in India as well as other countries. • Hence, the fastest and better way to provide for inclusive and technology equitable transfer healthcare partnerships is and through licensing agreements. the farmers. To ensure higher prices for the farmers, the Dalwai Panel has recommended that the agricultural marketing should guide the flow of produce from farm-tofork, through the flow of information from fork-to-farm. Hence, in a way, there is a need to focus on Inverse "Fork-toFarm" strategy. Let us understand as to how the Inverse Fork-to-Farm IN NEWS Strategy would benefit farmers. The Strategy to double income level of farmers requires UNDERSTANDING FORK-TO-FARM STRATEGY three-pronged approach of - Reducing input costs, To ensure higher prices for the farmers, we have so far enhancing productivity and Ensuring higher prices for used "Farm-to-Fork strategy" to streamline the 39 agriculture supply intermediaries, cut chain, down reduce number of post-harvest losses and connect farmers directly with the consumers. However, this strategy has solely focused on enhancing production without understanding the prevailing demand and prices in the market. For example, inspite of the fact that horticulture crops such as Fruits and vegetables are in much higher demand and fetch higher prices, the farmers continue to decisions about what to market, when to market and to whom. BENEFITS OF FORK-TO-FARM STRATEGY This approach focuses on reverse flow of information from markets to farmers would also enable the farmer to take informed decisions about what to market, when to market and to whom. The new strategy would benefit Indian agriculture in a grow water-intensive crops such as Rice, Sugarcane, multi-faceted manner: Wheat. The area under horticulture is hardly around • Promote diversification of Indian Agriculture towards 14%, even though it contributes more than 33% of agricultural GDP. high value crops and allied sector. • Enable Agriculture to cater to shift in consumption Similarly, even today, India has remained a net importer pattern towards protein-based foods such as Pulses, of Pulses and Oilseeds due to lower production. Hence, Egg, Fish, Meat etc. in a way, even though Indian Agriculture has made rapid strides in term of production, it has not led to commensurate increase in the income levels of the farmers. Farm-to-Fork Fork-to-Farm Strategy Strategy Approach Production led Market led Approach used Approach Strategy Sale of agricultural Undertake cultivation commodities in the of crops based upon market to ensure prevailing demand. remunerative prices • Ensure higher prices for the farmers and reduce risk. • Ensure both Food security as well as nutritional security. • Prevent Inflation in Agri commodities • Enable us to boost exports according to international demand and capture newer markets. SYSTEM OF RICE INTENSIFICATION for farmers Flow of From farm to Information Market (Production Integration From Market to Farm (Demand related related Information) Information) Poor Integration Higher Integration. of demand Production based with Supply upon demand. Prices May be lower Higher. received by Farmer IN NEWS India has the world’s largest area under Paddy cultivation and this in turn has led to water crisis. Against this background, the System of Rice Intensification (SRI) provides for an effective strategy to reduce water consumption, increase yields and thus ensure food security. In this regard, let us understand about SRI and its benefits for India. About SRI: The System of Rice Intensification (SRI) is a Hence, Dalwai Committee has recommended adoption set of practices for increasing the productivity of irrigated of inverse "Fork-to-Farm" strategy in order to bring about rice. It is a low-water and labor-intensive method that a strategic shift from production-based push into makes use of younger seedlings. The SRI method was markets towards a demand-based pull. This approach initially developed in the 1980s in Madagascar and later focuses on reverse flow of information from markets to adopted in number of countries, including India. SRI farmers would also enable the farmer to take informed practices and concepts have also been successfully 40 adapted to upland rice and to other crops such as wheat, finger millet, and sugarcane. • Potential to apply this method for other crops such as Sugarcane, wheat, millet etc. DIFFERENCE BETWEEN SRI AND CONVENTIONAL Although the benefits of SRI have been demonstrated METHODS globally, the potential remains untapped. The report As can be seen below, SRI method has number of advantages over Conventional Rice management methods: "More Rice with Less Water" recommends that India should convert at least 25% of current rice cultivation to SRI. This would not only dramatically reduce the use of water but also improve global food security. SRI Method Conventional Rice LARGE AREA CERTIFICATION SCHEME Management 50-60 kg/ha 5 kg/ha Transplant older Transplant young seedlings seedlings to preserve Seeds required Transplanting growth potential Flood Irrigation Water Keep only the soil Management moist but not IN NEWS The Government of India has recently certified around flooded 15,000 ha of area in A&N Islands under organic Fertilizer Use Chemical Use organic matter Certification. This area becomes the first large contiguous Management fertilizers as much as possible territory to be conferred with organic certification under the Pest and Higher Lower ‘Large Area Certification’ (LAC) scheme of the PGS-India (Participatory Disease Guarantee System) certification programme. Incidence Less Availability of INITIATIVES TAKEN BY GOVERNMENT TO More Organic PROMOTE ORGANIC FARMING Matter Certification for Organic Foods: India has adopted two Organic Certification: BENEFITS OF SRI • National • Decrease water consumption by almost 40%. • Potential to double income level of farmers by input use efficiency and higher productivity. who account for 83% of farmers. • Greater tolerance to abiotic (drought, heat waves) and biotic (pest and diseases) stresses. • Promote environment friendly practices such as farming, Organic Production o Under the Ministry of Commerce and Industry. o NPOP certification is facilitated by Agriculture Processed Food and Export Development Authority (APEDA). • Can easily be adopted by Small and Marginal farmers Organic for (NPOP) for Exports. • Increase yields by over 30%. enhancing Programme reduce emission improvement in soil fertility etc. of methane, • Participatory Guarantee System (PGS) for Domestic and Local markets. o Under the Ministry of Agriculture. o Implemented by Ministry of Agriculture with National Centre for Organic Farming (NCOF) acting as its secretariat. 41 Note: The Jaivik Bharat logo for Organic Food is an ABOUT LARGE AREA CERTIFICATION SCHEME identity mark to distinguish organic products from non- Objective: organic ones. transform them into certified organic production hubs • Paramaparagat Krishi Vikas Yojana (PKVY): The immediately. Usually, in case of areas having chemical scheme promotes cluster based organic farming with Participatory Guarantee System (PGS certification). Cluster formation, training, certification and marketing are supported under the scheme. • Mission Organic Value Chain Development for North Eastern Region (MOVCDNER): Development of certified organic production in a value chain mode to link growers with consumers. It provides support for the development of entire value chain starting from inputs, seeds, certification and creation of facilities for collection, aggregation, processing, marketing and brand building initiative. STATUS OF ORGANIC FARMING IN INDIA • India ranks first in number of organic farmers and fifth in terms of area under organic farming. • The total area under organic certification process (registered under National Programme for Organic Production) is 3.67 million Hectare (2019-20). • Among all the states, Madhya Pradesh has covered largest area under organic certification followed by Identify Traditional Organic Areas and input usage history, certification is a time-consuming process and takes minimum 2-3 years. However, under Large Area certification scheme, certification process is faster, and the farmers do not have to wait for 2-3 years to get certificate. Requirements for Certification: Each village in the area is considered as one cluster/group. All farmers need to adhere to the standard requirements and on being verified get certified. Certification is renewed on annual basis through annual verification per the process of PGSIndia. Potential of this scheme: A. Agriculture areas in States like Himachal, Uttarakhand, North Eastern states and tribal belts of Jharkhand and Chhattisgarh, desert districts of Rajasthan which are essentially free from the use of chemical inputs can be transformed to certified organic. B. Facilitate the marketing of area-specific niche products through branding and labelling. Rajasthan and Maharashtra. • In 2016, Sikkim became the first State in the world to become fully organic and other States including Tripura and Uttarakhand have set similar targets. GLOBAL MINIMUM CORPORATE TAX A number of multinational companies usually shift their profits from high tax jurisdiction to tax haven countries such as Mauritius, Singapore, Hongkong, Cayman Islands, Panama, Bermuda etc. through "Base Erosion profit Shifting" (BEPS). Hence, in order to prevent these MNCs from shifting their profits to low tax jurisdictions, recently, the Joe Biden Administration in USA has unveiled a new plan known as "Made in America Tax Plan" in order to boost economic activity and create employment opportunities. IN NEWS One of the most important proposals put forward by US is with respect to adoption of Global Minimum Corporate tax. 42 However, the adoption of Global Minimum Corporate tax is • Ideally, no country should have corporate tax rates not going to be easy and would face multiple problems. In below 21%. This proposal is set to be discussed before this regard, we will look into the following dimensions: the OECD. • Proposal for Global Minimum Corporate Tax and working • Working Mechanism: If any country adopts corporate tax below 21%, then in that case, a mechanism particular MNC would pay the lower corporate tax to • Rationale such a country and the remaining tax amount • India's Position on the issue (Minimum Corporate Tax amount of 21% - Prevailing • Challenges and concerns tax rate in a particular country) would be paid to the Note: It is advisable country to which the company originally belongs. to know about the Base Erosion and Profit Shifting (BEPS) and its various strategies such as • For example, let’s consider a US based company "Apple" is required to pay only 15% corporate tax in a Misuse of DTAA, Treaty Shopping, Round Tripping etc. before tax haven country such as Mauritius. In that case, it going through this article. All these aspects have already would pay 15% in the form of tax to Mauritius and been covered in October 2020 Focus Magazine. remaining 6% in the form of tax to US Government. PROPOSAL FOR GLOBAL MINIMUM CORPORATE So, the minimum tax liability would always be 21% and TAX not less than the minimum corporate tax rate. • Proposal: According to proposal put forward by USA, all the countries across the world need to impose minimum corporate tax of 21%. • In case, if Apple is required to pay corporate tax rate of 25% (above minimum threshold) in a country such as China. In that case, the entire tax liability of 25% would • Please do understand that it is the minimum corporate tax which should be applicable. The be paid to Chinese Government. In this case, no tax would be paid to the US Government. countries would have complete flexibility to fix corporate tax rates above 21%. All the Countries to agree to impose Minimum Corporate tax at 21% Countries to have freedom to fix tax rates above 21% If any country fixes tax rate below 21%, then the difference tax amount to the paid to the country to which company originally belongs Tax Rates Scenario 1 Tax Paid USA Country XYZ USA Country XYZ 28% 21% 0 $21bn 28% 15% $6bn $ 15bn 28% 25% 0 $25bn Company ABC (American Company) Country XYZ: India Annual profits: $ l00bn Minimum Tax liability: $ 21bn Scenario 2 Company ABC (American Company) Country XYZ: Mauritius Annual profits: $ l00bn Minimum Tax liability: $ 21bn Scenario 3 Company ABC (American Company) Country XYZ: China Annual profits: $ l00bn Minimum Tax liability: $ 21bn RATIONALE BEHIND THE GLOBAL MINIMUM CORPORATE TAX • Proposed Tax hikes in USA: During Trump's Presidency, the Corporate tax rates in US was reduced from 35% to 21%. Now, the Joe Biden Administration 43 seeks to increase the corporate tax rate from 21% to CHALLENGES WITH GLOBAL MINIMUM 35% to raise revenue and provide stimulus measures. CORPORATE TAX However, the proposal to increase the tax rates might prompt the US based companies to shift their bases to other low tax jurisdictions. Hence, the idea is to prevent the US based companies from shifting their bases to low tax jurisdiction countries. • Target Low Tax Jurisdictions: According to research by the Tax Justice Network campaign group, total revenue lost at the global level on an annual basis due to BEPS is as high as $ 427bn. India’s annual tax losses due to corporate tax abuse are estimated at over $10 billion. Almost $8.7 trillion of global wealth is stored in these low-tax jurisdictions. • Mainly serves the Interests of USA: Proposal put forward in order to finance $ 2 trillion spending programme; 30% of Forbes 2000 MNCs American based and hence US government would be the ultimate beneficiary. • Against Interests of Poor and developing countries which uses lower tax rates as a tool to attract foreign investment and boost GDP growth. • Difficult to achieve consensus among multiple countries at international level. • Goes against Principle of Sovereignty as the country • Target Technological companies such as GAFAM would lose their freedom to fix low tax rates. which end up paying lower taxes due to BEPS. • Prevent “Race to the Bottom”: According to OECD, countries across the world are locked in intense GST COLLECTIONS competition to attract foreign investment by reducing the corporate tax rates. The average corporate tax rate has fallen from 32% in 2000 to 23% in 2018. • Compulsions before the US Government to reduce FD, higher Debt levels and finance $ 2 trillion spending programme IN NEWS The Gross GST collections in the month of March 2021 hit a record figure of Rs 1.24 lakh crores, touching its highest level INDIA'S POSITION since its introduction. This is the sixth consecutive month So, far there is no official response from the Indian Government with respect to US proposal. However, at the same time, the Indian Government has already that GST revenues have crossed Rs 1 lakh crore. This is on account of number of factors such as sustained economic revival, crack down on tax evasion, financial closure of the reduced the corporate tax rate for the existing domestic companies. companies from 25% to 22%. The Government has also However, in spite of record GST collections, the GST regime reduced the MAT from 18.5% to 15%. Further, the still faces considerable challenges. These challenges have Government has taken number of steps to reduce the been discussed in detail by 15th Finance Commission. tax avoidance. These include: A. India is part of OECD BEPS project to tackle BEPS. It has signed and ratified the multilateral convention to curb BEPS in 2019. B. India has sought to amend DTAA to make it difficult for the MNCs to avoid taxes. C. India has signed Tax DETAILS ABOUT GST o What is GST? GST is a single tax on the supply of goods and services, right from the manufacturer to the consumer. Credits of input taxes paid at each stage is made available in the subsequent stage of value addition, which makes GST essentially a tax only Exchange Information agreement with number of countries. D. Imposition of Equalization Levy to bring technological companies under the tax bracket. on value addition at each stage. GST is a consumptionbased value-added tax on goods and services with dual levy by both the Union and the States. o Components of GST: States levy and collect State GST (SGST) and the Union levies and collects the Central 44 GST (CGST). For any particular good or service, the (IGST) is applied on inter-state movement of goods SGST and CGST rates are equal. An integrated GST and services and on imports. o Taxes subsumed under GST: Union Taxes Rate (%) State Taxes Rate (%) 12.36 Value Added Tax (VAT) 10-14.5 Service Tax 15 Entry Tax 0-12.5 Central Sales Tax (CST) 2 Luxury Tax 3-20 12.36 Entertainment Tax 15-50 4 Purchase Tax 10-14.5 5-10 Taxes on lottery, betting & gambling 10-15 Central Excise duty Countervailing Duties (CVD) Special Additional Duty of Customs (SAD) Additional excise duties • Improvement in Tax base: Increase in number of TRENDS IN GST COLLECTION- IMPORTANT registered taxpayers from 1.08 crore to 1.23 crore. PRELIMS POINTERS • Lack of Revenue Neutrality: A change in tax structure can be said to be revenue neutral if the More number of informal entities have come under the tax bracket. modified tax is able to realize revenue comparable to CHALLENGES AND CONCERNS the original tax regime. In this sense, the much- The 15th Finance Commission has highlighted some needed revenue neutrality of GST stands compromised. The Share of General Government’s revenue from taxes subsumed under GST was 6.3% of GDP in 201617. However, the collections under GST was 5.7% of GDP in 2018-19 and 5.6% in 2019-20. Figure: GST Collection s vis-à-vis Colleciton from Taxes Subsumed Under GST challenges with the implementation of the Goods and Services Tax (GST). These include: • Stagnation in Revenue: Monthly GST collections crossed Rs 1 lakh crore in April 2018 and since then remained stagnant. • Inverted Duty Structure: The term ‘Inverted duty Structure’ refers to a situation where the rate of tax on inputs purchased (i.e., GST Rate paid on inputs) is more than the GST rate on finished goods. The inverted duty structure leads to higher input tax credits and hence lower tax collection for the Government. • Complexity: The GST was introduced in order to simplify the tax structure and improve the tax compliance. However, the existing GST regime has multiple rates: 0, 0.25, 1, 3, 5, 12, 18 and 28%. • Coverage: Petroleum crude, petrol, high speed diesel, natural gas etc. are still outside GST. • Share of GST in Total Tax collection: GST accounts for the highest share followed by Income Tax and Corporate Tax. Amongst different components, IGST accounts for highest share. • Issues in Refunds: Delays in GST refunds, recent unearthing of fake invoices and fraudulent practices to corner input tax credit. • Anti-profiteering framework: Need to evolve clear guidelines on anti-profiteering mechanism. 45 • Shortfall in GST Compensation Cess: States still RBI’S MONETARY POLICY depend upon Centre for the GST compensation. o Permitting banks to on-lend through NBFCs: In August 2019, the RBI had decided to allow bank lending to registered NBFCs for on-lending to agriculture, micro and small enterprises and housing to be classified as priority sector lending. This was allowed because on one hand, it would benefit banks to fulfil their PSL requirements while on the other, it would be able to leverage the reach of the NBFCs to IN NEWS The RBI's Monetary Policy Committee (MPC) has decided to keep the policy rates unchanged and continue with the accommodative policy stance to kick start the Indian economy. Apart from that, the MPC has taken a number of policy decisions to enhance liquidity in the economy and deepen the Financial sector. provide credit to critical sectors. Banks were allowed to lend up to 5% of the PSL requirements to the NBFCs, who then should lend to priority sectors such as Agriculture, MSMEs and Housing. This scheme was available up to March 2021. The RBI has now decided to extend this scheme by another 6 POLICY RATES OF RBI months up to September 2021. Policy Repo Rate : 4.00% Reverse Repo Rate : 3.35% Marginal Standing Facility Rate : 4.25% Bank Rate : 4.25% • Measures taken to enhance Liquidity Supply o On-tap Targeted long Term Repo Operations (TLTROs)- Extension of Deadline Presently, the On-tap Targeted long Term Repo o Priority Sector Lending (PSL) guidelines- Enhancement of Loan limit against eNWR/NWR RELATED INFORMATION: NEGOTIABLE WAREHOUSING RECEIPTS (NWRS) o Legal Framework: The Warehousing development and Regulation Act (WDR Act) provides for issuance of Negotiable Warehouse Receipts (NWRs) by the warehouses registered under this Act. o Regulation: WDR Act has also established Operations (TLTROs) is applicable to certain stressed Warehousing Development and Regulatory Authority. sectors identified by the Kamath Committee. In Feb It functions under the Ministry of Consumer Affairs, 2021, this facility was extended to NBFCs as well. Food and Public Distribution. This scheme was available up to March 2021. The RBI has now decided to extend this scheme by another 6 months up to September 2021. o Benefits of Negotiable Warehousing Receipts for the farmers: Store perishable commodities + Use collateral for short-term borrowing + direct sale of the • Measures related to Regulation and Supervision commodities under new farm acts + Scientific storage o Enhancement of limit of maximum balance for + Reduce post-harvest losses. Payments Banks: Presently, the Payments banks can hold a maximum balance of Rs 1 lakh per individual customer. The RBI has decided to enhance the maximum limit to Rs 2 lakh per customer. o Recent Progress: The Ministry of Agriculture has enabled integration of NWRs with the E-NAM portal. o RBI's New Announcement: Enhance the loan limit from Rs 50 lakh to Rs 75 lakh per borrower against the 46 pledge of agricultural produce backed by NWRs/(e- The RBI has accepted both the recommendations given by NWRs) issued by warehouses registered and regulated this committee. by WDRA. From the perspective of UPSC prelims exam, one needs to be • Financial Inclusion: The RBI will construct and periodically publish a “Financial Inclusion Index” (FI Index). The FI Index would be based on multiple parameters and shall reflect the broadening and aware of the concept of Ways and Means Advances (WMA) and its working mechanism. WHAT IS WAYS AND MEANS ADVANCES (WMA)? deepening of financial inclusion in the country. To • The RBI acts as banker to the government i.e., it lends begin with, the FI Index will be published annually in money to the Central and State Government. Earlier, July for the financial year ending previous March. the government relied on ad-hoc Treasury bills to • Payments Systems: Membership to the RBI-operated Centralized Payment Systems (CPSs) i.e., RTGS and borrow money from RBI. However, it was replaced by Ways and Means advances in 1997. NEFT is so far limited to banks. The RBI has now • What is it?: It acts as a loan facility to the central and proposed to enable non-bank payment system state governments to meet their cash requirements. operators like Prepaid Payment Instrument (PPI) This facility is availed by the Government due to the issuers, card networks, White label ATM operators and Trade Receivables Discounting System (TReDS) platforms regulated by the Reserve Bank, to take direct membership in CPSs. temporary mismatches in their receipts and expenditure. • Duration: The loan taken by the government through ways and means advances need to be paid back in 90 WAYS AND MEANS ADVANCES (WMA) days. • Interest rate: The interest rate of WMA currently is the repo rate. • Limits on borrowing: The limits for WMA are mutually decided by the RBI and Government of India. • Can the limit be exceeded? When the WMA limit is crossed the government takes recourse to overdrafts. IN NEWS The interest rate on overdrafts would be 2 percent In August 2019, the RBI had appointed an Advisory Committee under the Chairmanship of Sudhir Shrivastava to review the Ways and Means Advances (WMA) limits for State Governments/UTs. The Committee has recently recommended an overall revised limit of Rs 47,010 crore for all states, as against the current limit of Rs 32,225 crore (fixed in February 2016). Further, in order to enable the states to tide over the crisis due to COVID-19, the RBI had increased the WMA limit to Rs 51,000 crores in 2019. This was applicable until March 31, 2021. The Committee has recommended the RBI to continue more than the repo rate. REASONS FOR REPLACING AD-HOC T-BILLS WITH WMAs • Earlier, under an agreement between RBI and Government, the central government needed to always hold certain amount of cash balances. The minimum cash limit was fixed in order to ensure smooth conduct of Government business and to ensure that government has sufficient cash to meet its operational requirements. with the enhanced limit up to September 30,2021. 47 • However, if the cash balances reduced to below the threshold level fixed, the RBI provided the cash through the creation of ad-hoc treasury bills. The ad hoc Treasury Bills, which were meant to be temporary, MICRO-FINANCE INSTITUTIONS (MFIs) gained a permanent as well as a cumulative character. Further, ad-hoc treasury bills became an attractive source of financing Government expenditures since it was available at an interest rate which was below the market rate of interest. • Thus, the ad-hoc treasury bills led to increase in the government borrowings leading to poor financial discipline. DIFFERENCES BETWEEN AD-HOC TREASURY BILLS AND WMA • Firstly, WMA is not a source of financing Budget Deficit. It is only a mechanism to cover day-to-day mismatches in receipts and payments of the Government. • Secondly, limits on WMA will be fixed and any excess withdrawal by Government beyond the limit will become permissible for not more than 10 consecutive working days. • Thirdly, WMA will be charged at market related interest rate i.e., Repo rate. IN NEWS Recently, the Micro-Finance Institutions have highlighted that their borrowers have been hit hard due to Covid-19 and hence may see a spike in their bad loans. Accordingly, they have requested the RBI to grant them the flexibility to restructure the loans. Hence, let us have a look at important aspects of MFIs from the perspective of Prelims Exam. • Significance of MFIs o Lack of Financial Inclusion has been identified as one of the major constraints hindering the development of poor and vulnerable sections as well as MSMEs in India. o Commercial banks have traditionally concentrated their lending mainly to large formal enterprises which have expertise of doing business and possess collateral and not on small enterprises as they are riskier investment. 48 o In this regard, Microfinance is considered as important tool to promote business development. IN NEWS The Covid-19 pandemic has adversely affected the MSMEs o Research shows that in Bangladesh, about 40% of the and business enterprises and has made it difficult for them overall reduction of rural poverty in recent years has to avail loans. At the same time, most of the Banks and been due to microfinance. NBFCs are reluctant to lend loans due to the fear of rising Microfinance Institutions (MFIs): MFIs are those NPAs. institutions which have microfinance as their main In this context, in May 2020, the Government had unveiled operation. The MFIs are regulated by RBI in India. As the Emergency Credit Line Guarantee Scheme as part of per the RBI's guidelines, MFI is defined as a non- Aatma Nirbhar Bharat package to improve the credit deposit creation in the economy. taking NBFC that fulfils the following conditions: Now, recently in April 2021. the Government has decided to • Minimum Net Owned Funds of Rs.5 crores. (For NBFC- expand the scope of existing Emergency Credit line MFIs registered in the North Eastern Region of the Guarantee scheme to cover business enterprises in the country, the minimum NOF requirement shall stand at services sector such as those in Hospitality, Travel & Tourism Rs. 2 crore). etc. • Not less than 85% of its loans are in the nature of “qualifying assets.” “Qualifying asset” shall mean a loan which satisfies the following criteria: • Loan disbursed by an NBFC-MFI to a borrower with a rural household annual income less than Rs. 1.25 lakh or urban and semi-urban household income less than Rs. 2lakhs. • Loan amount does not exceed Rs. 1.25 lakh per borrower. FEATURES OF EMERGENCY CREDIT LINE GUARANTEE SCHEME (ECLGS 1.0) In May 2020, as part of AatmaNirbhar Bharat 1.0, the Government had announced Emergency Credit Line Guarantee Scheme with the following features. • Objectives: Mitigate the economic distress faced by MSMEs due to Covid-19 by providing them additional funding in the form of a fully guaranteed emergency credit line. • Benefits: Banks and NBFCs to extend collateral free • Loan extended without collateral. loans worth Rs 3 lakh crores to the MSMEs, business • The aggregate amount of loans, given for income enterprises, individual loans for business purposes generation should be at least 50 per cent of the total loans given by the MFIs. • The loan is repayable on weekly, fortnightly or monthly instalments as per the choice of the borrower. and MUDRA borrowers • Eligibility: Applicable to only standard loans (The MSMEs who have not defaulted on their repayment of loans and their accounts are categorized as Standard Assets by Banks). • Features of Loans: Moratorium of 12 months on the EMERGENCY CREDIT LINE GUARANTEE SCHEME (ECLGS) Principal repayment. Interest rate to be capped. • Government's role: 100% Credit guarantee cover to banks and NBFCs on principal and Interest. This guarantee is provided by National Credit Guarantee Trustee Company Limited (NCGTC). • Expansion in scope of ECLGS o ECLGS 2.0: In Nov 2020, Government extended ECLGS through ECLGS 2.0 for the 26 sectors identified by the Kamath Committee and the healthcare sector. 49 o ECLGS 3.0: In April 2021, Government extended ECLGS o Credit Guarantee Fund for Skill Development through ECLGS 3.0 to cover business enterprises in (CGFSD): Guarantees for Skill Development Loans by Hospitality, Travel & Tourism, Leisure & Sporting the Banks. sectors. Further, the validity of ECLGS i.e. ECLGS 1.0, ECLGS 2.0 & ECLGS 3.0 have been extended up to 30th June 2021 or till guarantees for an amount of Rs. 3 lakh crore are issued. RELATED INFORMATION: NATIONAL CREDIT GUARANTEE TRUSTEE COMPANY Set up by the Department of Financial Services, Ministry of Finance. Incorporated under the Indian Companies Act in 2014 with a paid-up capital of Rs 10 crore. Main role is to provide for credit guarantee on different types of o Credit Guarantee Fund for Micro Units (CGFMU): Guarantees for loans up to the specified limit (currently Rs 10Lakh) sanctioned by Banks / NBFCs / MFIs engaged in providing credit facilities to eligible micro units. o Credit Guarantee Fund for Standup India (CGFSI): Guarantees for credit facilities of over Rs 10 lakh & up to Rs 100 lakh sanctioned by the eligible lending institutions, under the Stand-Up India Scheme (SC/ST/Women for setting up Greenfield enterprises). loans extended by the Banks. Current funds managed: PLI SCHEME FOR WHITE GOODS they are now available in a wide range of different colors, they continue being called as white goods. • Relatively light electronic consumer durables such as TVs, radios, digital media players, and computers, as distinct from heavy consumer durables are known as Brown Goods. PLI SCHEME FOR WHITE GOODS- FEATURES IN NEWS • Objectives: Boost domestic manufacturing of White Earlier, as part of Aatma Nirbhar Bharat Package, the Goods; Reduce India's dependence on imports and Government has already approved PLI schemes for 3 get integrated into Global value chains (GVCs) sectors- Mobile Manufacturing and specified electronics components, Active Pharmaceuticals Ingredients (APIs) and Manufacturing of Medical Devices. Later on, the PLI scheme was extended to 10 more champion sectors including that for manufacturing White Goods. Recently, the Government has launched the PLI Scheme for White Goods. WHITE AND BROWN GOODS • White goods are large home appliances such as refrigerators, freezers, washing machines and air conditioners. They are large electrical goods which were traditionally available only in white. Even though • Incentives: Extend an incentive of 4% to 6% on incremental sales of goods (over base year of 2019-20) for a period of 5 years. • Coverage: Presently, it covers Air Conditioners and LEDs. • Eligibility: Incentives are provided under the scheme to only those companies which cross the threshold level in terms of incremental sale of Manufactured Goods and Incremental investment over the base year. • Tenure of Scheme: 5 years 50 • Benefits: Incremental investment of Rs. 7000 crores, incremental Production worth Rs. 1.6 Lakh crores, exports worth Rs 64,000 Crore, earn direct and indirect revenues of Rs 49,000 crore and create additional four lakh direct and indirect employment opportunities. the non-scheduled drugs do not increase by more than 10% every year. Prices of Essential Medicines: The prices of the medicines are fixed based on Market pricing model. The ceiling price of the Essential drugs is the fixed by calculating the simple average price of all the brands having at least 1% of the market share. PRICING OF PHARMACEUTICAL DRUGS Exceptional Powers of NPPA: Under Paragraph 19 of DPCO, the NPPA has been given the following exceptional powers: • Fix the prices of even those drugs that are not listed under NLEM. Example: In pursuance of these powers, the NPPA has fixed the ceiling prices of Cardiac Stents and Knee implants. • Increase or decrease the prices of the drugs listed under NLEM. In pursuance of these powers, the NPPA IN NEWS In order to bring down the prices of Remdesivir, recently a has recently increased the prices of the 21 essential medicines by almost 50%. PIL was filed before the Bombay High Court. The PIL has Recent amendments to DPCO, 2013: In 2019-20, the argued for the Government's intervention to fix the Government has made certain important amendments maximum price for the Remdesivir injections. to DPCO, 2013. These include: In this context, the Bombay HC has asked the Centre to • The new drugs patented under the Indian law will be include Remdesivir in the list of Scheduled Drugs and exempted from price control for five years from the regulate its price. date of commencement of its commercial marketing DRUG PRICING • Drug Price Control Orders (DPCO) are issued by the Government in exercise of the powers conferred in India. • The drugs for treating rare or “orphan” diseases would be exempted from price control. under the Essential Commodities Act, 1955, for RELATED INFORMATION: ORPHAN DRUGS enabling the Government to declare a ceiling price for • Orphan drugs are medicines which are intended lifesaving medicines so as to ensure that these medicines are available at a reasonable price to the general public. • Price controls are applicable to “Scheduled drugs” or “Scheduled formulations” i.e., those medicines which are listed out in the Schedule I of DPCO, also referred to as National List of Essential Medicines (NLEM). • The National Pharmaceutical Pricing Authority (NPPA) fixes the prices of controlled drugs and formulations and enforces prices and availability of the medicines in the country. It is to be noted that the NPPA not only fixes the prices of Essential Medicines, but it also ensures that the prices of for treatment of life-threatening rare diseases which may affect only a small percentage of population. For example, Rituximab is an orphan drug which is used to treat certain autoimmune diseases and cancer. • These drugs are called “orphan” because usually the pharmaceutical industry has little incentive in developing and marketing products intended for only a small number of patients. • In order to promote research and innovation in orphan drugs, countries such as US and EU extend the patent duration to beyond 20 years for such drugs and also give tax benefits. 51 CURRENCY WATCH LIST Note: An Economy which meets all the above 3 criteria is labelled as "Currency Manipulator". An economy meeting two of the three criteria is placed on the Monitoring List. WHY HAS INDIA BEEN PUT ON THE MONITORING IN NEWS LIST? In its latest edition of April 2021, the US Treasury • RBI's Intervention in Forex Market: The ultra-low Department has decided to retain India on the ‘Currency Interest rates in the developed economies has led to Monitoring List’ along with 10 other countries. India was on surge in foreign inflows in the form of FPI and FDI into the list in the December 2020 report as well. India. This in turn was leading to large scale Currency watch List: It is basically a label given by the appreciation in the Indian Rupee and hence affected US government to countries which it believes are deliberately devaluing their currencies against the dollars to boost exports, reduce imports and thus achieve higher trade surplus with US. our export competitiveness. Thus, the RBI has been intervening in the forex market to check large scale Rupee Appreciation and to build up Forex Reserves. • Trade Surplus: For several years, India has maintained a significant bilateral goods trade surplus 3 CRITERIA • A bilateral trade surplus with the US of more than $20 billion. • A current account surplus of at least 3 per cent of GDP. • Net purchases of foreign currency of 2 per cent of GDP over 12 months with the United States, which totalled around $22 billion. Note: To know about Currency Manipulation strategies such as Devaluation, Revaluation and their associated implications, please refer to December 2020 Edition of Focus Magazine. E-Santa list their produce and quote their price while the Recently, the Government has unveiled e-SANTA, an and also to choose the products based on their exporters have the freedom to list their requirements electronic marketplace providing a platform to connect aqua farmers and the buyers. It will enable the farmers to get a better price and the exporters to directly purchase quality products from the farmers. dates etc. This enables the farmers and buyers to have greater control over the trade and enables them to make informed decisions. Related Information: The E-NAM portal is Pan-India DETAILS The term e-SANTA stands for "Electronic Solution for Augmenting requirements such as desired size, location, harvest NaCSA Aquaculture". National farmers' Centre for Trade in Sustainable Aquaculture (NaCSA) is an extension arm of Marine Products Export Development Authority (MPEDA). electronic trading portal which networks the existing APMC mandis to create a unified national market for agricultural commodities. The Ministry of Agriculture has appointed Small Farmers' Agribusiness Consortium (SFAC) as the Lead Implementing Agency of e-NAM. Working Mechanism: Electronic trade platform between Farmers and exporters. The farmers have the freedom to 52 AGRICULTURE Mapping of Rural Areas -->Using Drone technology--> Prepare GIS based Maps--> Issuance of Property cards to Rural Households. INFRASTRUCTURE FUND BENEFITS As part of Aatma Nirbhar Bharat Package, the Finance • Modernised Property records; Minister had announced setting up of Agriculture • Use Property Rights as collateral to take loans from Marketing Infrastructure Fund worth Rs 1 lakh crores to improve the overall marketing Infrastructure. DETAILS • Rationale: Improve the marketing infrastructure; Bring down post-harvest losses; Encourage more private sector investment; Encourage Banks and Financial Institutions to give loans to agriculture. • Objective: Provide loans to improve the farm-gate infrastructure such as collection centres, storage, cold chain infrastructure etc. Banks; • Increase in Property tax for Gram Panchayats; • Better Quality of Planning. • Reduce property related disputes and legal cases Implementation Agency: Ministry of Panchayati rajNodal Ministry. In the States, the Revenue Department will be the Nodal Department and shall carry out the scheme with support of State Panchayati Raj Department. Survey of India shall work as the technology partner for implementation. • Eligible entities: Primary Agricultural Cooperative Societies, Farmers Producer Organizations, Agriculture KVIC entrepreneurs, Start-ups, SHGs, Joint Liability Groups (JLG), Farmers etc. • Benefits on loans: Interest subvention of 3% and Credit Guarantee by Credit Guarantee Fund Trust for Micro and Small Enterprises (CGTMSE) on loans up to Rs 2 crores. In a year marred by the economic despair surrounding the Covid-19 pandemic, Khadi and Village Industries Commission (KVIC) has just recorded its best ever performance in job creation under the Prime Minister’s Employment Generation Program (PMEGP). • Duration of Scheme: 2020-21 to 2029-30. ABOUT KHADI AND VILLAGE INDUSTRIES • Who can give loans? All Scheduled Commercial COMMISSION (KVIC) Banks, Cooperative Banks, RRBs, Small Finance Banks, NBFCs etc. SWAMITVA SCHEME Prime Minister recently launched the distribution of eproperty cards under the SWAMITVA scheme on National Panchayati Raj Day on 24th April 2021. DETAILS SWAMITVA Scheme (Survey of Villages and Mapping with Improvised Technology in Village Areas) • Nature of Organisation: Statutory body created by Parliament under the Khadi and Village Industries Commission Act, 1956. It functions under the administrative control of Ministry of MSME. • Mandate: Planning, promotion, organisation and implementation of programs for the development of Khadi and other village industries in the rural areas. SCHEMES IMPLEMENTED BY KVIC: • Prime Ministers Employment Generation Program (PMEGP): Credit-linked subsidy programme launched by Ministry of MSME in 2008-09 for creation of Type of Scheme: Central Sector Scheme employment in both rural and urban areas of the Ministry: Ministry of Panchayati raj. country. It is result of merger of two schemes- Prime OBJECTIVE Minister's Rojgar Yojana (PMRY) and The Rural Employment Generation Programme (REGP). 53 • Scheme of Fund for Regeneration of Traditional would be buying shares of different IT companies. The Industries (SFURTI): Promote cluster development of list of shares to be included in the smallcase is Khadi and other village Industries. decided institutions to reorient their activities extending emphasis towards customers. Under this scheme, loans are given to eligible Khadi Industries at concessional interest rate of 4%. The difference between the actual interest rate and concessional interest( 4%) is borne by KVIC as subsidy. • Honey Mission: Under this mission, KVIC provides awareness, training and ‘Bee Boxes’ along with Bee Colonies to the farmers. The mission was launched in August 2017 in line with the ‘Sweet Revolution’. retail investors are slowly In 2015, the Government had for the first time issued the Cotton Seed Price (Control) Order to fix the maximum sale prices for Bt. Cotton. This was the first formal intervention by the Centre to fix the prices of cotton seeds. Recently, in April 2021, for the first time since the issuance of Cotton Seed Price (Control) Order, the Government has decided to increase the maximum sale price of Bt. Cotton Seeds Rationale behind Cotton Seed Price (Control) Order SMALLCASES The such as COTTON SEED PRICE (CONTROL) ORDER increasing artisans' earnings as well as ensuring quality of Khadi to • Interest Subsidy Eligibility Certificate Scheme: SEBI-licensed professionals brokers and smallcase platforms. • Market development assistance (MDA): Help Khadi adequate by • Regulate the prices of genetically modified cotton increasing their seeds which are considered to be highly prized. participation in the stock market through small cases, • Protect the interests of the cotton growers. which are considered to be ready-made portfolios of • Previously, the major cotton producing State shares. Governments like Andhra Pradesh, Gujarat and • A smallcase is a basket of shares that may reflect a Maharashtra came up with the orders on price regulation of cotton seeds. But prices differed from particular investment theme, idea or a sector. So, instead of buying a single share, one state to state and there was no uniformity. Hence, can Centre provided for uniform prices throughout India simultaneously buy multiple shares of different through the cotton seed price (control) order. companies by buying smallcase. • For example, if you buy Dividend-yield smallcase, Note: The Cotton Seed Price (Control) order has been then you would be buying shares of different issued by the Central Government in pursuance with the companies which pay higher dividends to their powers vested with it under the Essential Commodities shareholders. Similarly, if you buy IT smallcase, you Act. Q1. Which among the following is/are advantages 1. Transplantation of young seedlings of System of Rice Intensification (SRI) over the 2. Require less water conventional Rice management methods? 3. Lower incidence of Pests and Diseases 54 Select the correct answer using the code given below: Which of the statements given above is/are correct? (a) 1 and 2 only (b) 2 only (a) 1 only (b) 2 only (c) 1 and 3 only (d) 1, 2 and 3 (c) Both 1 and 2 (d) Neither 1 nor 2 Q2. With reference to Drug Pricing in India, Q4. With reference to Swamitva Scheme, consider consider the following statements: 1. the following statements: The National Pharmaceutical Pricing Authority 1. (NPPA) can fix the prices of only those medicines which are listed under National List of Essential Medicines (NLEM). 2. This scheme seeks to provide property cards to the rural households. 2. This scheme is implemented by the Ministry of Rural Development. The NPPA cannot reduce the prices of the medicines which are listed under NLEM. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Q3. With reference to Negotiable Warehousing Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Q5. Which among the following schemes is/are implemented by Khadi and Village Industries Receipts (NWRs), consider the following statements: 1. The Warehousing development and Regulation Act (WDR Act) provides for the issuance of Negotiable Warehouse Receipts (NWRs) by the warehouses registered under the Act. 2. The farmers can use Warehouse Receipt as collateral for short-term borrowing to obtain working capital. Q1. Commission (KVIC)? 1. Prime Ministers Employment Generation Program (PMEGP) 2. Scheme of Fund for Regeneration of Traditional Industries (SFURTI) 3. Honey Mission Select the correct answer using the code given below: (a) 1 only (b) 1 and 2 only (c) 2 and 3 only (d) 1, 2 and 3 The Patent Waivers on CoVID related Vaccines, medicines etc. is a simple but wrong answer to a complex problem. Critically Analyse ( 250 Words) Q2. Discuss the rationale behind the proposal of Global minimum corporate tax rate? What challenges do you think would be faced in the adoption of such a tax regime at the global level. ( 250 Words) Answers: 1-d, 2-d, 3-c, 4-a, 5-d 55 GLOBAL GENDER GAP REPORT 2021 35,500 parliament seats and just 22.6% of over 3,400 ministers worldwide. ο In 81 countries, there has never been a woman head of state, as of 15th January, 2021. ο Bangladesh is the only country where more women have held head-of-state positions than men in the past 50 years. IN NEWS In the World Economic Forum’s report on gender gap, • The countries with the largest gender gaps in economic participation include Iran, India, Pakistan, India's ranking has dropped 28 places to 140, amongst 156 nations, making it the third-worst performer in South Asia, way behind Bangladesh and Nepal. Outcomes for India Key Dimensions Political Empowerment Economic Participation and Opportunity India regressed 13.5% points with 9.1% decline in the number of women ministers. • Income of women in India is only one-fifth of men's. • India's gender gap widened by 3% leading to a 32.6% gap closed till date • Decrease in women's labour force by 22.3% • Discrimination – Wide sex ratio at birth gaps are due to high incidence of gender-based sexselective practices Health and Survival • More than 1 in 4 women face violence. Educational Attainment Syria, Yemen, Iraq, and Afghanistan. • It will take South Asia 195.4 years to close the gender gap, while Western Europe will take 52.1 years. COVID IMPACT • Gender gap will now take additional time from 99.5 years to 135.6 years to bridge. • Women continued workplace to difficulties face and economic declining and political participation. • Future of Jobs: o Women exhibit a larger job-switching gap in fields such as Cloud Computing (58%), Engineering (42%) and Product Development (19%). o Trend is partially reversed in the Data and Al job cluster. NATIONAL POLICY FOR RARE DISEASES, 2021 One third of women are illiterate (34.2%) compared to 17.6% of men GLOBAL SCENARIO • Largest Gender Gap in Political Empowerment: WHAT IS A RARE DISEASE? ο The gender gap in political empowerment remains WHO defines rare disease as often debilitating lifelong the largest: women represent only 26.1% of some disease or disorder with a prevalence of 1 or less, per 1000 population. However, different countries have 56 their own definitions to suit their specific requirements • According to the policy, rare diseases include genetic and in context of their own population, health care diseases, rare cancers, infectious tropical diseases, system and resources. and degenerative diseases. In the US, rare diseases are defined as a disease or condition that affects fewer than 200,000 patients in the country (6.4 in 10,000 people). • Under the policy, there are three categories of rare diseases — ο requiring • India, like many other developing countries, currently has no standard definition of rare diseases and data on prevalence. Since there is no epidemiological data, there are no figures on burden of rare diseases and morbidity and mortality associated with them. • To overcome this, a hospital based National Registry for Rare Diseases has been initiated by ICMR by involving centers across the Country that are involved in diagnosis and management of Rare Diseases. This will yield much needed epidemiological data for rare diseases. • So far only about 450 rare diseases have been recorded in India from tertiary care hospitals. The most common rare diseases include: one-time curative treatment - include osteopetrosis and immune deficiency disorders, among others. ο diseases that require long-term treatment but where the cost is low, and ο those needing long-term treatments with high cost. • As per the policy, the assistance of Rs 15 lakh will be provided to patients suffering from rare diseases that require a one-time curative treatment under the 'Rashtriya Arogya Nidhi Scheme'. The treatment will be limited to the beneficiaries of 'Pradhan Mantri Jan Arogya Yojana'. • For diseases listed under Group 2, State Governments can consider supporting patients of such rare diseases that can be managed with special diets or hormonal ο Haemophilia supplements or other relatively low cost interventions. ο Thalassemia • Under the policy, certain medical institutes will be ο Sickle cell Anaemia certified as Centre of Excellence for rare diseases. It ο Primary Immuno Deficiency in children includes AIIMS, New Delhi; Sanjay Gandhi Post Graduate Institute of Medical Science, Lucknow; King ο auto-immune diseases ο Lysosomal storage disorders such as Pompe disease, Hirschsprung disease, Gaucher’s disease, Cystic Fibrosis, Hemangiomas and ο Certain forms of muscular dystrophies. Edward Medical Hospital, Mumbai and four others. • There are certain diseases such as Hurler Syndrome, Gaucher’s disease, Wolman disease for which the annual treatment expenses may vary from Rs 10 lakh to Rs 1 crore. For such diseases, a digital platform is to be set up to raise donations and corporate funding. • It proposes an inter-ministerial consultative committee is to be set up at national level. The committee will be led by MoHFW. • It also aims to create Administrative Committee that will develop guidelines to determine which rare diseases to fund. CRITICISM OF THE POLICY KEY FEATURES OF THE POLICY • A patient registry of rare diseases is to be constituted under ICMR (Indian Council of Medical Research). • Rare disease advocacy and support groups have called out the policy for several discrepancies including a lack of funding to support families and individuals with a rare disease. They have pointed out that the proposed allocation of financial support has been 57 PMAY-G brought down to a maximum of Rs 15 lakh per case under an umbrella scheme - 'Rashtriya Arogya Nidhi' – for those who have a rare disease that falls in Group 1, and require one-time treatment. This is much lower than the initially proposed corpus fund of Rs 100 crore. • The policy also passes the buck, and says that crowdfunding can be used to provide financial support. It identifies eight hospitals across India as ‘centres of excellence’ and leaves it up to them to set up crowdfunding initiatives for patients that require it, or for families to themselves look at crowdfunding options for treatment. • According to latest government data, while the Centre has set the annual target of building 6.377 million houses in FY20-21, states have sanctioned only 3.557 million, or 56% of the target. ο Of these, only 265,250 (or 4.16% of the year's target) have been completed. • This slow pace can be attributed to some factors like • The policy caps resources for different diseases. While inactivity due to Covid-19, elections in few states, treatment for one particular disease might amount to saturation of eligible beneficiaries from the SC and ST Rs 10 lakh, another disease may require Rs 1 crore to category, slow pace of working of remand module and cover the cost of medications, which are only bound lack of timely allocation of targets to districts. to increase over time. • The new policy offers no support to patients awaiting treatment since the earlier National Policy for Treatment of Rare Diseases 2017 was kept in abeyance. • The new policy has absolutely no consideration for Group 3 patients, who require lifelong treatment support. • The policy has been criticised for acting more like a set of guidelines to understand the disease, rather than specifying actions which must be taken by the government to offer support to those affected. • Public health and hospitals being a State subject, the Central Government shall encourage and support the States in their endeavour towards screening and prevention of rare diseases. However, while screening has been emphasised as a preventive measure, there is no mention of how and when screening will take place, nor has it been stated how screening will be implemented. Case Study: What USA Does? PRADHAN MANTRI AWAS YOJANA GRAMIN (PMAY-G) ο Aims is to provide a pucca house with basic amenities to all rural households and households living in kutcha and dilapidated houses up to two rooms in rural areas by 2022. ο Minimum size of the house is 25 sq.mt with a hygienic cooking space. ο Unit assistance is Rs. 1.20 lakh in plains and Rs 1.30 lakh in hilly states, difficult areas and IAP district. ο Construction of toilet shall be leveraged though convergence with SBM-G, MGNREGS etc. ο Identification of beneficiaries as per the Socio- Economic Caste Census 2011 after due verification by Gram Sabha. PNEUMOCOCCAL CONJUGATE VACCINE In United States of America, development of drugs for rare disease is sought to be encouraged through the Orphan Drugs Act, which incentivises industry by way of market exclusivity, grants to researchers and tax incentives on expenditure incurred during evaluation of drugs for their therapeutic potentials. • Serum Institute of India is to start the supply of 1 st Made-in­ India pneumococcal conjugate vaccine to the Centre. 58 • This is the first indigenously developed vaccine in the field of pneumonia. Pneumococcal conjugate vaccine acts against potentially fatal pneumococcal infections. including new national and state curriculum frameworks for school education as well as early childhood care and education. ο The programme will focus on the improvement • Pneumococcal infections include any illness caused by pneumococcal bacteria such as pneumonia, septicaemia and meningitis. • Pneumonia is a form of acute respiratory infection that affects the lungs. Pneumonia is the single largest infectious cause of death in children worldwide. ο Pneumonia is caused by a number of infectious agents, including viruses, bacteria and fungi. ο The most common are: Care & Education (ECCE) Acquisition of Foundational Numeracy by Grade 3. and Universal Literacy and ο It will implement vocational education, sports, arts, knowledge of India, 21st-century skills, ο It will focus on experimental learning. Spreads via air-borne droplets from a cough or sneeze, through blood. ο It will also improve the quality of Teacher Education Programmes. • Conjugate vaccine is a substance that is composed of a polysaccharide (complex sugars on the surface of bacteria) antigen fused (conjugated) to a carrier molecule. This enhances the stability and ο It will provide access to quality Early Childhood values of citizenship, awareness of environment conservation in the curriculum. Streptococcus pneumoniae, Haemophilus influenzae type b. ο Transmission: of the enrollment ratio of children at all levels and a reduction in dropouts and out of school children. the effectiveness of the vaccine. ο In most conjugate vaccines, the polysaccharide is attached to diphtheria or tetanus toxoid protein. ο The immune system recognises these proteins very easily that helps to generate a stronger immune response to the polysaccharide. SARTHAQ ο SARTHAQ is aimed at meeting the diverse national and global challenges of the present and the future and help the students to imbibe 21st-century skills along with India's tradition, culture and value system. WORLD POPULATION REPORT 2021 IN NEWS United Nations Population Fund’s (UNFPA) flagship State of World Population Report 2021 titled ‘My Body is My Own’ has been released. • Students' and Teachers' Holistic Advancement through Quality Education (SARTHAQ) has been developed by the Department of School Education and Literacy. • It is an indicative and suggestive implementation plan for school education. • Plan is being implemented to meet the aims of NEP 2020. ο It will pave way for curriculum reforms 59 • This is the first time a United Nations report has • Justice K S Puttaswamy v Union of India 2017: focused on bodily autonomy, defined as the power The SC held that reproductive rights include a and agency to make choices about your body without woman’s entitlement to carry a pregnancy to its full fear of violence or having someone else decide for term, to give birth, and to subsequently raise children; you. and that these rights form part of a woman’s right to privacy, dignity, and bodily integrity. • The principle of bodily integrity sums up the right of each human being, including children, to autonomy • Recently, the Medical Termination of Pregnancy (MTP) and self-determination over their own body. It (Amendment) Bill, 2020 was passed which seeks considers an unconsented physical intrusion as a to extend the termination of pregnancy period human rights violation. Issues that involves right to from 20 weeks to 24 weeks, making it easier for bodily autonomy include women to safely and legally terminate an unwanted Child marriage, female genital mutilation, Lack of contraceptive choices pregnancy. leading to unplanned pregnancy among others. MIGRANT WORKERS IMPORTANT OBSERVATIONS FROM THE REPORT • Nearly half the women from 57 developing ARE REGARDED AS countries do not have the right to make decisions regarding their bodies, including using contraception, seeking healthcare or even on their sexuality. 'OUTSIDERS': NHRC • Only 75% of countries legally ensure full and equal REPORT access to contraception. • Women around the world are denied the fundamental right of bodily autonomy with the Covid-19 pandemic further exacerbating this situation. In India, according to National Family Health Survey (NFHS)-4 (2015-2016): IN NEWS • 12% of currently married women (15-49 years of Recently, the National Human Rights Commission (NHRC) age) independently make decisions about their own conducted study on the social security and health rights of healthcare. 63% decide in consultation with their migrant workers. spouse. For 23% it is the spouse that mainly takes KEY FINDINGS OF THE REPORT decisions about healthcare. • Migrant workers work in low income and high-risk sectors such as construction and have poor access to • 8% of currently married women (15-49 years) take decisions on the use of health services. E.g. 84% of the respondents in Delhi contraception did not have proper accommodation. independently. • 83% decide jointly with their spouse. Information • Female migrant workers show a higher prevalence of provided to women about use of contraception is also nutritional deficiencies and have poor -access to limited. reproductive health services. E.g. 68 % of women do not have access to toilets as they live in slums. • 47% of women using a contraceptive were informed about the side effects of the method. • or host state. • 54% women were provided information about other contraceptives. • They are looked upon as outsiders or second-class citizens in the host states. ENHANCEMENT IN THE RIGHT TO BODILY INTEGRITY Lack of political representation in the home state • Centre has taken few steps to reduce the vulnerabilities of the migrant workers: 60 ο One Nation One Ration Card Scheme to ensure the • A study published by The Lancet drew attention to the Nationwide portability of the Public Distribution greater vulnerability of ethnic minorities, who have System. been disproportionately affected. ο Platform to map skilled and certified workers with • The World Health Organization has cautioned on the demand clusters based on industrial requirements. dangers of profiling and stigmatising communities ο Scheme for Affordable Rental Housing Complexes for that can lead to fear and the subsequent concealment Migrant Workers and Urban Poor to provide of cases and delays in detection. affordable rental housing units under Pradhan GLOBAL FORUM AGAINST RACISM AND Mantri Awas Yojana. DISCRIMINATION RACIAL DISCRIMINATION • To contribute to this important discussion and signify the need for urgent work, UNESCO’s headquarters in Paris hosted a Global Forum against Racism and Discrimination on March 22, 2021, in partnership with the Republic of Korea. • The Forum gathered policymakers, academics, and partners to initiate a new multi-stakeholder partnership on anti-racism. The new proposed road map to tolerance calls for a multisectoral effort to tackle the root causes of racism through anti-racist CONTEXT Every year March 21 is marked as the International Day for laws, policies and programmes. the Elimination of Racial Discrimination. THE VALUE OF TOLERANCE Current forms of racism and discrimination is: • According to UNESCO, Tolerance is respect, 1. Covert because public attitudes to anti-racism have acceptance and appreciation of the rich diversity of improved and racist ideology have become less our world’s cultures, our forms of expression and socially acceptable. Yet, the anonymity of the Internet ways of being human. Tolerance is harmony in has difference. allowed racist stereotypes and inaccurate information to spread online. ο At the onset of the pandemic, traffic to hate sites and specific posts against Asians grew by 200% in the U.S. ο In India and in Sri Lanka, social media groups and messaging platforms were used to call for social and economic boycotts of religious minorities, amid false information accusing them of spreading the virus. 2. ‘techno-racism’ - The use of new technologies and artificial intelligence in security raise the spectre of ‘techno-racism’, as facial recognition programmes can misidentify and target racialized communities. EFFECTS OF RACISM • Tolerance refers to fair, objective and permissive attitude towards those whose opinion practices, race, religion, nationality etc. differ from one’s own. In simple words tolerance is an act or capacity to endure the diversity of views and practices in our environment. SIGNIFICANCE OF TOLERANCE IN PRESENT WORLD • Control of one’s negative emotion of anger and hence character. Shield against – propaganda, radicalization, fake news etc. • It leads to harmony and peace in pluralistic society in Prejudiced attitudes and discriminatory acts whether subtle which diversity is there in many contexts. Basic, or overt, aggravate existing inequalities in societies. fundamental and human rights of vulnerable section will Racial discrimination, beyond being a breach of human be protected. E.g.: section 377; issue of Rohingya etc. rights, has harmful effects on human health and wellbeing, and risks wider disruptions to social cohesion. 61 • Tolerance is a basic value for other values. Empathy and • UNESCO also offers master classes to empower compassion is not possible without tolerance. The students to become champions of anti-racism in their other values of impartiality and objectivity also require schools and communities. tolerance in the society as a pre-condition. • UNESCO's International Coalition of Inclusive and • Unity in diversity will be encouraged – Incidence of fight, Sustainable Cities provides an additional platform for city-level planning and a laboratory for good mob lynching, riots, honour killing etc. will stop. • Rule of law can be established only when multiple stakeholders practice tolerance and restraint. practices in the fight against racism. Recent • Society can become land of hope for the marginalised and prosecuted. and new manifestations of racism and discrimination call for renewed commitments to mobilise for equality. Racism will not be overcome with mere professions of good faith but must be combatted with QUOTES ON TOLERANCE anti-racist action. A global culture of tolerance, equality • We must not only tolerate others, but positively embrace them. – Swami Vivekananda and anti-discrimination is built first and foremost in the minds of women and men. • Truth can be stated in thousand different ways and yet each one can be true. - Swami Vivekananda • Whatever is begun in anger, ends in shame. – Benjamin Franklin • “The highest result of education is tolerance” ― Helen Keller • “In the practice of tolerance, one's enemy is the best teacher.” ― Dalai Lama • "Anger and intolerance are the enemies of correct The words of former UN Secretary-General Kofi Annan remain pertinent: “Our mission is to confront ignorance with knowledge, bigotry with tolerance, and isolation with the outstretched hand of generosity. Racism can, will, and must be defeated.” EATSMART CITIES CHALLENGE understanding." Mahatma Gandhi • Tolerance is the oil which takes the friction out of life Wilbert E. Scheer UNESCO’S EFFORT TO COMBAT RACISM • UNESCO promotes the role of education in providing the space for young people to understand processes that sustain racism, to learn from the past, and to stand up for human rights. • Through new approaches to inter-cultural dialogue and learning, equipped with youth and skills to communities eradicate can be harmful stereotypes and foster tolerance. ο Social interaction improved the quality of socialisation. It makes us a better social being. ο Ashutosh Varshney explains in his book Ethnic Conflict and Civic Life, that for peace and social cohesion among different communities that must be civic engagement. • Recently, the Ministry of Housing and Urban Affairs launched the Eat Smart Cities Challenge • The Eat Smart Cities Challenge is envisioned as a competition among cities to recognize their efforts in adopting and scaling up various initiatives under Eat Right India. • It aims to motivate Smart Cities to develop a plan that supports a healthy, safe and sustainable food environment supported by institutional, physical, social, and economic infrastructure along with the application of ‘smart’ solutions to combat food related issues. • The challenge has a potential to create social and behavioural change towards food safety, hygiene and nutrition. 62 MALARIA ELIMINATION • It is focused on the World Malaria Day elimination theme of “Reaching the Zero Malaria target”. • The Country leaders, frontline and community health workers, and global partners will come together to discuss their malaria elimination journeys and inspire others to reach the target of zero malaria. IN NEWS INITIATIVES IN INDIA TO ELIMINATE MALARIA The report, titled ‘Zeroing in on malaria elimination’, • National was released by the World Health Organization (WHO) ahead of World Malaria Day 2021.The WHO has also identified 25 countries with the potential to eradicate malaria by 2025 under its ‘E-2025 Initiative’. E2025 initiative aims to halt transmission of the disease in 25 countries by 2025 co-sponsored by the Roll Back Malaria (RBM) Partnership to End Malaria. • Malaria is caused by protozoan parasites (Plasmodium species). • It is transmitted from one human to another by the bite of infected Anopheles mosquitoes. • The malaria parasite Plasmodium has a complex, multistage life cycle occurring within two living beings, the vector Anopheles mosquitoes and the vertebrate hosts. Vaccines • Known by its lab initials as RTS,S but branded as Mosquirix, the vaccine has passed lengthy scientific Framework for Malaria Elimination (NFME) 2016-2030: It outlines India’s strategy for elimination of the disease by 2030. The objectives of the national framework are: ο Eliminate malaria from all low (Category 1) and moderate (Category 2) endemic states/UTs (26) by 2022; ο Reduce incidence of malaria to less than 1 case per 1000 population in all States/UTs and the districts and malaria elimination in 31 states/UTs by 2024; ο Interrupt indigenous transmission of malaria in all States/ UTs (Category 3) by 2027; ο Prevent re-establishment of local transmission of malaria in areas where it has been eliminated and to maintain malaria-free status of the country by 2030. • Malaria Elimination Research Alliance (MERA) India: It aims to identify, articulate, prioritise and respond to the research needs of the country in a coordinated and combinatorial way to eliminate trials that found it to be safe and reducing the risk of malaria from India by 2030. malaria by nearly 40%, the best ever recorded. ο It was launched by the ICMR Director General in • It was developed by GlaxoSmithKline (GSK) company and approved by the European Medicines Agency in 2015. • The RTS,S vaccine trains the immune system to attack the malaria parasite (Plasmodium (P.) falciparum, the 2019. • It is a conglomeration of National and International partners like World Health Organization (WHO), National Vector Borne Diseases Control Program (NVBDCP), and medicines for Malaria Venture (MMV). most deadly species of the malaria parasite). REACHING ZERO FORUM ON MALARIA ELIMINATION • It is a virtual forum jointly launched by World Health Organisation (WHO) and RBM Partners. 63 Q1. Consider the following statements regarding “Rare Diseases”: 1. There is a universally accepted definition of Rare 2. d) WHO in association with Ministry of Health & Family Welfare Disease. Q4. Consider the following statements regarding India has abundant data on Rare Diseases due to hospital based National Registry for Rare Diseases. 1. A vaccine is a biological preparation that provides active acquired immunity to a particular infectious disease. 2. A "Vaccine": Which of the statements given above is/are correct? a) c) 1 only Both 1 and 2 b) d) 2 only vaccine always contains disease-causing microorganism. Neither 1 Nor 2 Which of the statements given above is/are incorrect? Consider the following statements about "Global Gender Gap Report 2021": a) 1 only b) 2 only 1. It is published by WHO. c) Both 1 and 2 2. India has been ranked 140/156 countries. d) None of the above 3. It takes into account only educational attainment of women. Q5. Consider the following statements about PMAY: 1. The scheme is implemented by Home Ministry Q2. Which of the statements given above is/are correct? a) 1 and 2 only b) 2 only c) 3 only d) 2 and 3 only and will ensure housing for all by 2022. 2. Q3. ‘Eatsmart cities challenge’ has been initiated Any household with an annual income between ₹ 3 lakh to 18 lakh can apply for this scheme. by: Which of the statements given above is/are correct? a) FSSAI a) 1 only b) 2 only b) Ministry of Health & Family Welfare c) Both 1 and 2 d) Neither 1 nor 2 c) Ministry of Housing and Urban Affairs Q1. Discuss as to how non-recognition of unpaid household work by the women is perpetuating vicious cycle of Gender-based discrimination. Also suggest some strategies to address these issues. Q2. Critically evaluate National Policy for Rare Diseases, 2021 with respect to cost and effectiveness in curing rare diseases. Answers: 1-d, 2-b, 3-c, 4-b, 5-b 64 COVID-19 REINFECTION a set of most plausible cases of reinfection of SARS-CoV2 virus in India. • The study found that the cases of 58 of the 1,300 individuals, or 4.5%, could actually be classified as possible reinfections. IN NEWS In a first-of-its-kind exercise, a team of scientists from the Indian Council of Medical Research (ICMR) has identified WHY IS IT SIGNIFICANT? • An understanding of the possibility of reinfection is crucial to the fight against the pandemic. • It will not only help decide the intervention strategies required to control the spread of the disease, but also help assess how long people would have to depend on masks and physical distancing. • In these 58, the two positive results had come at least 102 days apart, and they also had a negative test result in between. • It will have implications on the vaccination drive as well. As of now, very few cases of reinfection have been confirmed. • The first confirmed case was reported from Hong Kong in August 2020. • After that, a couple of cases from the United States and Belgium also emerged. 65 • There have been several cases of people testing • As an additional measure to rule out the possibility of positive for the virus multiple times, even in India, but viral shedding, the investigators looked at only those not all such cases are considered reinfections. That is cases in which the individual had also taken another because of what is called “persistent viral shedding”. diagnostic test between the two positive results, and RELATED INFORMATION: PERSISTENT VIRAL had a negative result during that 102-day period. SHEDDING WHAT DID THE STUDY FIND ABOUT THESE o When an individual gets infected by a respiratory INDIVIDUALS? virus like SARS-CoV-2, the virus particles bind to the various types of viral receptor. o Thus, recovered patients can sometimes continue to carry low levels of virus within their system for up to three months. o These levels are no longer enough to make the person sick or transmit the disease to others, but it can get detected in diagnostic tests. o The disease developed from such persistent virus is what is called Persistent viral shedding. HOW CAN REINFECTION BE DETERMINED? • For a conclusive proof of reinfection, scientists rely only on genome analysis of the virus sample. • The majority of the disinfectant patients remained asymptomatic during the intervening period, while few reported mild symptoms. • Some had symptoms such as intermittent fever, cough, or shortness of breath. WHAT ARE THE IMPLICATIONS? • The scientists point out that permanent immunity cannot be assumed. • Reinfection might very well be happening and could be confirmed if it was possible to do genome analysis of every infected person. • If reinfection is the case the use of masks and social distancing would be a new normal. Because the virus mutates continuously, the genome sequences of the two samples would have some differences. • Samples from only a few randomly selected patients are sent for genome analysis to study the nature and behaviour of the virus. • Therefore, when a person tests positive for a second time, and has to be checked for reinfection, there is usually no genome sequence from the previous infection to compare with. HOW DID THE ICMR STUDY APPROACH THE QUESTION OF REINFECTION? • The group of scientists that carried out the study did not carry out genome analysis, because that data was not available. • Instead, they looked at cases in which patients had reported positive results at least 102 days apart. • That would take care of the problem of persistent viral shedding. • According to the Centres for Disease Control (CDC) in the United States, viral shedding continues until only about 90 days. 66 OXYGEN CONCENTRATORS AND VENTILATORS OXYGEN CONCENTRATORS • An oxygen concentrator is a medical device that concentrates oxygen from ambient air. • Atmospheric air has about 78 per cent nitrogen and 21 per cent oxygen, with other gases making up the remaining 1 per cent. • The oxygen concentrator takes in this air, filters it through a sieve, releases the nitrogen back into the IN NEWS air, and works on the remaining oxygen. With the setting in of the second wave of COVID-19, there is round the corner, a growth in the need for ventilators and related interventions. While hospital ICU beds do come with ventilators, makeshift ones will not be so, hence the need. Indian Institute of Science researchers have come up with several non-pharmaceutical interventions such as ICU ventilators, oxygen supply manifolds and oxygen concentrators which will each satisfy different sets of needs. • This oxygen, compressed and dispensed through a cannula, is 90-95 per cent pure. • A pressure valve in concentrators helps regulate supply, ranging from 1-10 litres per minute. • According to a 2015 report by the WHO, concentrators are designed for continuous operation and can produce oxygen 24 hours a day, 7 days a week, for up to 5 years or more. AT 90-95 PER CENT PURITY, IS THE OXYGEN HOW ARE CONCENTRATORS DIFFERENT FROM FROM CONCENTRATORS PURE ENOUGH? OXYGEN CYLINDERS AND LMO? • It is, however, not advisable for ICU patients. • Oxygen concentrators are the easiest alternatives to • Concentrators can be attached with multiple tubes to serve two patients at the same time, but experts don’t recommend it since it carries risk of cross-infection. cylinders but can only supply 5-10 litres of oxygen per minute (critical patients may need 40-50 litres per minute) and are best suited for moderately ill patients. 67 • Concentrators are portable and unlike LMO that needs to be stored and transported in cryogenic tankers, need no special temperature. And unlike cylinders that require refilling, concentrators only need a power source to draw in ambient air. WHAT IS A VENTILATOR? • A ventilator is invasive, as a tube is introduced into the lungs through the patient's mouth and throat. • The other end of the tube is attached to a machine that pushes air in and out of the lungs. OXYGENATION • Oxygenation, on the other hand, is an artificial process of providing oxygen when a patient's organs or tissues are in a state of hypoxia (that is, when there is a deficiency in the amount of oxygen reaching these areas). • Oxygen supply alters the concentration of oxygen in the air we breathe. This means that instead of the normal 21%, a higher percentage of oxygen can be provided to the patient. • The process of the exchange of gases between lungs and ambient air is known as ventilation in respiratory physiology. • The patient is still responsible for his/her own • The • Unlike the ventilator, oxygen therapy will not aid in ventilator mimics respiration and aids in breathing. • In most cases, the machine completely takes over breathing so that the patient can rest and allow their body to heal. • The machine has various settings that can be adjusted to control lung pressures, oxygen concentration, and duration and frequency of breaths to cater to individual patients' needs. breathing. respiration. • Oxygenation also refers to the treatment of a patient by combining medication and other substances with oxygen. • The treatment is a non-invasive measure to aid breathing. • There are no tubes that are introduced into the body, as oxygen is given via a face mask or nasal cannula. MEDICAL OXYGEN IN NEWS A number of states are reporting shortage of medical oxygen after an increase in the number of Covid-19 patients. So, India is planning to import at least 50,000 metric tonnes of medical oxygen to cater to the rising demand. With the Covid-19 cases increasing day by day, the demand for medical oxygen is going to increase in near future. WHAT IS MEDICAL OXYGEN? • Medical oxygen is high purity oxygen suitable for use in the human body. • The Medical Oxygen cylinders contain a high purity of oxygen gas (99.5% purity). • No other types of gases are present in the medical oxygen cylinder. This is to prevent contamination. 68 • The cylinders previously used for other purposes have to be evacuated, thoroughly cleaned, and labelled appropriately before filling up oxygen. • It is cycle threshold; Ct is a value that emerges during RT-PCR tests. APPLICATION OF OXYGEN IN MEDICAL FIELD • Due to the indispensable use of medical oxygen, the World Health Organisation include this on their List of Essential Medicines. Benefits include: ο Provide a basis for virtually all modern anaesthetic techniques. ο Restore tissue oxygen tension by improving oxygen availability. This is used for a wide range of conditions such as shock, severe monoxide poisoning, cardiac/respiratory arrest. WHAT IS CT VALUE haemorrhage, carbon major trauma, ο Provide life support for artificially ventilated patients. ο Aid cardiovascular stability of patients. • In an RT-PCR test, RNA is extracted from the swab collected from the patient. It is then converted into DNA, which is then amplified. • Amplification refers to the process of creating multiple copies of the genetic material — in this case, DNA. • Amplification takes place through a series of cycles — one copy becomes two, two becomes four, and so on. • Put simply, the Ct value refers to the number of cycles after which the virus can be detected. • The lower the Ct value, the higher the viral load — because the virus has been spotted after fewer cycles. ο To aid heartbeat stability in an acutely ill patient WHY CT VALUE IS IMPORTANT SIDE EFFECTS OF MEDICAL OXYGEN • The side effects include, Convulsions or seizure will appear in patients after a few hours of exposure to oxygen at pressures above 3bar(g). • It can cause Retro lenticular fibroplasia in premature infants if they exposed to oxygen concentrations greater than 40%. In short, it is a • According to the ICMR, a patient is considered Covidpositive if the Ct value is below 35. • If the benchmark were to be lowered to 24 — the value mentioned in Maharashtra’s letter — it would mean that Ct values in the range 25-34 would not be considered positive. condition of abnormal growth of blood vessels in the eye. Retro lenticular fibroplasia is the leading cause of child blindness today in the world. • A benchmark of 35, therefore, means that more • Some patients will also develop coughing and breathing difficulties after they put under medical • The ICMR has said lowering Ct threshold parameter oxygen. • The issue of Oxygen toxicity: Excessive or inappropriate supplemental oxygen can cause severe damage to the lungs and other organ systems. patients would be considered positive than we would get if the benchmark were 24. may lead to missing several infectious persons. DOES CT SCORE INDICATE THE SEVERITY OF DISEASE? • A small study published in the Indian Journal of Medical Microbiology found that there was no CT VALUE correlation between Ct values and severity of disease or mortality in patients with Covid-19 disease. • It found that the time since the onset of symptoms has a stronger relationship with Ct values as IN NEWS Recently, the Maharashtra government sought clarity from the Indian Council of Medical Research (ICMR) on the threshold Ct value to treat a person Covid-negative. compared to the severity of the disease. • The Ct value tells us about the viral load in the throat and not in the lungs. The Ct value does not correlate with severity – only with infectivity. 69 MATERNAL MORTALITY IN NEWS o 22% decline in prenatal services. POST-VACCINE BLOOD CLOTS The Lancet Global Health journal releases a report titled “Effects of the COVID-19 pandemic on mothers and Babies”. It reports increasing maternal mortality as an impact of pandemic-induced restrictions. ABOUT THE LANCET REPORT: • The Lancet report is based on an analysis of 40 studies across 17 countries. It includes Brazil, Mexico, the U.S., Canada, UK, Denmark, Netherlands, Italy, India, China, and Nepal. • The report provides a clear indication that the health of women and babies experienced worse outcomes due to the pandemic. IN NEWS Researchers have come closer to identify the reason behind the post-Vaccine blood clotting cases following the Covid-19 vaccination. • The US pauses the use of Johnson and Johnson’s Covid-19 vaccine. It was followed by adverse reactions in a few vaccinated persons. • A similar adverse reaction to AstraZeneca’s vaccine has also been observed in some rare cases. HIGHLIGHTS OF THE REPORT: ABOUT THE RESEARCH • The risk of maternal mortality during pregnancy or • Researchers show how the adverse reaction due to childbirth increased by more than a third compared with pre-pandemic instances. • Global lockdowns, disruption in maternal health services, reduction in health-seeking behaviour and fear of getting infected from health providers added to pregnancy risks and led to worsened health outcomes for women and children. • The chances of stillbirth have also increased by more than 28% compared with pre-pandemic instances. • Stillbirth: It means a baby born with no signs of life at 28 weeks of pregnancy or more. • The study also focussed on maternal mental health. It has found an increase in postnatal depression, maternal anxiety or both during the pandemic. IMPACT OF PANDEMIC ON INDIA • According to HMIS data by Population Foundation of India, during the national lockdown between April and June in 2020 compared to the same period in 2019, there was a o 27% drop in pregnant women receiving four or more antenatal check-ups; o 28% decline in institutional deliveries and the Covid-19 vaccine resembles a reaction to heparin — a blood thinner. • Usage of Heparin is normally to prevent clotting. But in very rare cases, it can trigger a syndrome called heparin-induced thrombocytopenia (HIT) which causes blood clots and low platelet levels. ADVERSE REACTION AFTER VACCINATION • After vaccination, the person develops specific antibodies which can bind to the platelets or thrombocytes. • Antibodies activate them to form clots which could eventually block the blood vessel (thrombosis). • There is also an accompanying decrease in the free platelets (thrombocytopenia). • The researchers are not sure whether it is the vaccine that is causing the reaction. Or it is due to some internal body mechanism. METHOD PROPOSED BY RESEARCHERS: • Researchers have differentiated the blood clots arising from vaccination from HIT. Also, they have 70 outlined a way to test patients with worrying who cannot afford to have the treatment of symptoms. • They have also developed a screening assay to determine whether the person has developed these particular antibodies. thrombocytopenia. that testing HAEMOPHILIA rare blood disease blood clotting proteins that are clotting factors are lacking or insufficient in blood. for vaccine-induced immune thrombotic thrombocytopenia (VITT) followed by specific haemophilia. • Haemophilia is an inherited bleeding disorder. In this • They have advised to first rule out heparin-induced • After • This day also helps in raising funds for the patients treatment of the condition with immunoglobulin should take place. WORLD HAEMOPHILIA DAY • When one is injured, blood clots normally, but in case of haemophilia a person may bleed for a longer time. • Internal bleeding is life-threatening as it may damage organs and tissues also. • There are three types of haemophilia: o Haemophilia A- Lack of blood clotting factor VIII is more common and this happens in 80 per cent of the cases. o Haemophilia B- Lack of factor IX o Haemophilia C- Lack of clotting factor XI IN NEWS CAUSES OF HAEMOPHILIA World Haemophilia Day is celebrated on April 17,2021. • Caused by genetic mutation which involves genes that code for blood clotting proteins. • 13 different proteins termed; Factor I through Factor XIII are the clotting factors. NATIONAL POLICY FOR RARE DISEASES, 2021 • World Haemophilia Day is celebrated on April 17 every year since 1989. • This year’s theme ‘Adapting to change; sustaining care in a new world’. • Day observed for bringing together the communities suffering with global bleeding disorder. • Day creating international awareness of haemophilia and inherited bleeding disorders. IN NEWS Caregivers to patients with rare diseases and affiliated organisations are dissatisfied with the National Policy for Rare Diseases, 2021. Though the document specifies increasing the government support for treating patients with a ‘rare disease’— from ₹15 lakh to ₹20 lakh — caregivers say this doesn’t reflect actual costs of treatment. HIGHLIGHTS OF THE NATIONAL POLICY FOR RARE DISEASES, 2021 71 comprehensive definitions of such diseases are AIM: • To bring down the high cost of treatment for rare diseases. • It is proposed to have a national registry for a database of rare disease. • The policy aims to increase focus on indigenous research and local production of medicines. listed under Group 1 in the rare disease policy) that require one-time treatment will have the financial support of up to Rs20 lakh under the umbrella scheme of Rashtriya Arogya Nidhi. Rashtriya Arogya Nidhi: The Scheme provides for financial assistance to patients, living below poverty line (BPL) and who are suffering from major lifethreatening diseases, to receive medical treatment at any of the super specialty Government hospitals / institutes. • Beneficiaries for such financial assistance would not be limited to BPL families, but the benefit will be extended to about 40% of the population, who are eligible under Pradhan Mantri Jan Arogya Yojana. • The policy will make use of a crowdfunding mechanism to cover the cost of treatment of rare Corporates and individuals will development. • Through the help of Health and Wellness Centres, District Early Intervention Centres and counselling, the policy aims to screen and detect rare diseases early at early stages, which will in turn help in their prevention. • Those who are suffering from rare diseases (diseases diseases. available for those interested in research and be encouraged to extend financial support through a robust IT platform. THE POLICY CLASSIFIES RARE DISEASES INTO THREE GROUPS: • Group 1: Disorders controllable by one-time curative treatment, including osteopetrosis and Fanconi anaemia. • Group 2: Diseases requiring long-term or lifelong treatment with a relatively lower cost of treatment and benefit has been documented in literature, including galactosemia, severe food protein allergy, and homocystinuria. • Group 3: Diseases for which definitive treatment is available, but challenges are to make optimal patient selection for benefit, and very high cost and lifelong therapy, covering diseases such as spinal muscular atrophy (SMA), Pompe disease, and Hunter syndrome. RARE DISEASE • Also referred to as an orphan disease, is any disease that affects a small percentage of the population. • A national hospital-based registry of rare diseases will be created to ensure adequate data and 72 • Most rare diseases are genetic, and are present • Humans can get infected if they come in direct throughout a person’s entire life, even if symptoms do contact with infected animals or by eating or drinking not immediately appear. contaminated animal products or by inhaling airborne agents. • Rare diseases recorded in India are Haemophilia, primary • According to the WHO, most cases of the disease are immunodeficiency in children, auto-immune diseases, caused by ingesting unpasteurised milk or cheese Lysosomal storage disorders such as Pompe disease, from infected goats or sheep. Thalassemia, Hirschsprung Fibrosis, sickle-cell disease, anaemia Gaucher’s Haemangiomas and and disease, certain Cystic forms of muscular dystrophies. • The symptoms are fever, sweats, malaise, anorexia, headache and muscle pain. • While some signs and symptoms can last for long CONCERNS RAISED: periods of time, others may never go away. • Lack of Sustainable Funding: • These include recurrent fevers, arthritis, swelling of o Unlike conditions under Group 1 and Group 2, the testicles and scrotum area, swelling of the heart, patients with Group 3 disorders require sustainable neurologic symptoms, chronic fatigue, depression treatment support. and swelling of the liver or spleen. o In the absence of a sustainable funding support for • Human to human transmission of the virus is rare. Group 3 patients, the precious lives of all patients, mostly children, are now at risk and at the mercy of ANTIMICROBIAL RESISTANCE crowdfunding. • Lack of Drug Manufacturing: o Where drugs are available, they are prohibitively expensive, placing immense strain on resources. o Currently few pharmaceutical companies are manufacturing drugs for rare diseases globally and there are no domestic manufacturers in India except for those who make medical-grade food for those with metabolic disorders. BRUCELLOSIS IN NEWS WHO has declared that AMR is one of the top 10 global public health threats facing humanity. • Antimicrobial resistance (AMR) is a global health and development threat. It requires urgent multisectoral action in order to achieve the Sustainable Development Goals (SDGs). • Misuse and overuse of antimicrobials are the main drivers IN NEWS Health and Animal Husbandry teams have launched preventive measures and initiated an epidemiological investigation, after one case of brucellosis, was confirmed in a prisoner. The infection is passed on to humans through the ingestion of unpasteurized milk and milk in the development of drug-resistant pathogens. • Lack of clean water and sanitation and inadequate infection prevention and control promotes the spread of microbes, some of which can be resistant to antimicrobial treatment. • The cost of AMR to the economy is significant. In products or contact with animal secretions. addition to death and disability, prolonged illness • Brucellosis is a bacterial disease that mainly results in longer hospital stays, the need for more infects cattle, swine, goats, sheep and dogs. expensive medicines and financial challenges for those impacted. 73 • Without effective antimicrobials, the success of modern medicine in treating infections, including during major surgery and cancer chemotherapy, would be at increased risk. – including antibiotics, • Poor hygiene and sanitation • Absence of new antibiotics being discovered • Patients taking antibiotics without consulting doctors WHAT ARE ANTIMICROBIALS? Antimicrobials • Poor infection control in health care settings antivirals, & practitioners antifungals and antiparasitic – are medicines used to prevent and treat infections in humans, animals and plants. WHAT IS ANTIMICROBIAL RESISTANCE? • Antimicrobial Resistance (AMR) occurs when bacteria, viruses, fungi and parasites change over time and no longer respond to medicines making infections harder to treat and increasing the risk of disease spread, severe illness and death. • As a result of drug resistance, antibiotics and other antimicrobial medicines become ineffective and infections become increasingly difficult or impossible to treat. GLOBAL ANTIBIOTIC RESISTANCE IMPLICATION • The consequences of Antibiotic resistance are highly problematic because of its severity; • Leads to higher medical costs; • Prolonged hospital stays; • Increased mortality; • Old researched antibiotics not working effectively/at all on diseases, hence new medicines need to found; • The cost of AMR to national economies and their health systems is significant as it affects productivity of patients or their caretakers through prolonged hospital stays and the need for more expensive and intensive care. • Without effective tools for the prevention and SIX MAJOR CAUSES OF ANTIBIOTICS RESISTANCE: • Over-prescription of antibiotics • Patients not finishing the entire antibiotic course adequate treatment of drug-resistant infections and improved access to existing and new quality-assured antimicrobials, the number of people for whom treatment is failing or who die of infections will increase. • Overuse of antibiotics in livestock and fish farming 74 • Medical procedures, such as surgery, including • They evolved into various species; while some were as caesarean sections or hip replacements, cancer large as an F-16 fighter jet, others were as small as chemotherapy, paper aeroplanes. and organ transplantation, will become riskier. DO’S AND DONT’S OF ANTIBIOTICS • Do not use antibiotics to treat viral infections, such as influenza, the common cold, a runny nose or a sore throat. Ask your doctor for other ways to feel better. • Use antibiotics only when a doctor prescribes them. • When you are prescribed antibiotics, take the full prescription even if you are feeling better. Ensure that members of your family do the same. • Never share antibiotics with others or use leftover prescriptions. MONKEYDACTYL • The new pterosaur fossil was discovered in the Tiaojishan Formation of Liaoning, China, and is thought to be 160 million years old. • It has been named Kunpengopterus antipollicatus, also dubbed “Monkeydactyl”. • “Antipollicatus” in ancient Greek means “opposite thumbs”, and it was attached to the name because the researchers’ findings could be the first discovery of a pterosaur with an opposed thumb. • Researchers suggested that K. antipollicatus could have used its hand for grasping, which is likely an adaptation for arboreal life. • Opposability of the thumb enables the species to “simultaneously flex, abduct and medially rotate the thumb” in a way that one is able to bring the tip of the thumb to touch the tips of the other fingers. • Along with humans, some ancient monkeys and apes IN NEWS Researchers have described a pterosaur species with opposable thumbs, which could likely be the earliest-known instance of the limb. also had opposable thumbs. Humans, however, have a relatively long and distally placed thumb, and larger thumb muscles. • This means that humans’ tip-to-tip precision grip when holding smaller objects is superior to nonhuman primates. • This is the reason that humans are able to hold a pen, unscrew an earring stopper, or put a thread through a needle hole. • The grasping hands of primates developed as a result of their life in the trees — an opposable thumb made it easier for the common ancestor of all primates to cling on to tree branches. AZHDARCHID PTEROSAURS • The pterosaur species were reptiles, close cousins of dinosaurs and the first animals after insects to evolve powered flight. IN NEWS Azhdarchid pterosaurs, the giant reptiles that flew in the skies nearly 65 million years ago, had necks longer than 75 that of a giraffe (on average a giraffe’s neck is about 6 The Tiki Formation in Madhya Pradesh, a treasure trove feet long). Now, researchers have reported a new finding of vertebrate fossils, has now yielded a new species and about their long necks — that the thin neck vertebrae two genera of cynodonts, small rat-like animals that lived were supported by an intricate internal structure that is about 220 million years ago. unlike anything seen before. • The Tiki Formation is a Late Triassic geologic formation in Madhya Pradesh. • Dinosaur remains are among the fossils that have been recovered from the formation, although none have yet been referred to a specific genus. • Phytosaur remains attributable to the genus Volcanosuchus have also been found in the Tiki Formation. • The genera Tikiodon, Tikitherium and Tikisuchus and • Pterosaurs are reptiles that are close cousins of species Rewaconodon tikiensis, Hyperodapedon dinosaurs, the first animals after insects to evolve tikiensis and Parvodus tikiensis have been named powered flight. after the Tiki Formation. • Pterosaurs went extinct about 65-66 million years ago • The fossil teeth were studied for size, crown shape, (end of the Cretaceous period) and while they did not structure of the cusps and compared with previously leave any of their descendants behind. reported cynodonts. • One reason for this is that few pterosaurs lived in • Cynodonts are important in evolutionary studies places where fossils tend to form, because of which as this group ultimately gave rise to the present- their bones are preserved poorly. day mammals. • They are one type of pterosaur and one of the distinguishing characteristics about them is how big they were, especially their long necks. • By studying their molar and premolar teeth, we see how they slowly evolved and modified. • Their crown shape shows that these animals are • Some of these pterosaurs were the largest animals to have flown in the sky, with wingspans greater than 30 feet. actually intermediate forms that are very near to the mammalian line of evolution. • Cynodonts and living mammals both belong to a • The name azhdarchid, as per a blog on Scientific American comes from Azhdarcho, a Central Asian form named by Russian ornithologist and palaeontologist in 1984. group of egg-laying vertebrates (amniotes) called synapsids. • The close relationship of cynodonts with living mammals is seen in their bones. • Researchers involved in this study were curious about how the reptile’s long neck functioned and how it was able to support the pterosaur’s body, allowing them to capture and eat heavy prey animals. TIKI FORMATION SPACE STATION IN NEWS Russia’s space agency hoped to launch its own orbital station in 2025. IN NEWS 76 the • The ISS is a modular space station in low Earth orbit. International Space Station programme to go it alone. It is a multinational collaborative project involving five • Russia lost its monopoly for manned flights to the ISS participating space agencies: NASA (United States), • Russia is considering withdrawing from last year after the first successful mission of U.S. company Space X. ORBITAL STATION • A space station, also known as an orbital station or an orbital space station, is a spacecraft capable of supporting a human crew in orbit for an extended period of time, and is therefore a type of space habitat. • It lacks major propulsion or landing systems. • Stations must have docking ports to allow other spacecraft to dock to transfer crew and supplies. The purpose of maintaining an orbital outpost varies depending on the program. • Space stations have most often been launched for scientific purposes, but military launches have also occurred. • As of 2021, one fully operational and permanently inhabited space station is in low Earth orbit: the International Space Station (ISS), which is used to • Roscosmos (Russia), JAXA (Japan), ESA (Europe), and CSA (Canada). • The ownership and use of the space station is established by intergovernmental treaties and agreements. • Its main construction was completed between 1998 and 2011; station continually evolves to include new missions and experiments. • Current plans call for the space station to be operated through at least 2024, with the partners discussing a possible extension until 2028. • Crews aboard the ISS are assisted by mission control centers in Houston and Moscow and a payload control center in Huntsville, Ala. • Other international mission control centers support the space station from Japan, Canada and Europe. • The space station flies at an average altitude of 400 kilometres above Earth. It circles the globe every 90 minutes at a speed of about 28,000 km/h. study the effects of spaceflight on the human body as • The commercial crew vehicles Dragon (by SpaceX) and well as to provide a location to conduct a greater CST-100 (by Boeing) are expected to increase ISS crew number and longer length of scientific studies than is numbers because they can bring up more astronauts possible on other space vehicles. at a time than Soyuz. China, India, Russia, and the U.S., as well as Bigelow • When the U.S. commercial vehicles are available, Aerospace and Axiom Space, are all planning other demand for Soyuz will decrease because NASA will stations for the coming decades. purchase fewer seats for its astronauts from the ABOUT THE INTERNATIONAL SPACE STATION Russians. This limits the use of Russian spacecrafts. • The space station, including its large solar arrays, spans the area of a U.S. football field, including the end zones, and weighs 861,804 lbs. (391,000 kilograms), not including visiting vehicles. • The complex now has more liveable room than a conventional five-bedroom house, and has two bathrooms, gym facilities and a 360-degree bay window. • Astronauts have also compared the space station's living space to the cabin of a Boeing 747 jumbo jet. 77 CREW-2 MISSION • Demo-2 was followed by the Crew-1 mission in November, which was the first of six crewed missions between NASA and SpaceX marking the beginning of a new era for space travel. WHAT WILL CREW-2 DO AT THE ISS? IN NEWS Four astronauts were launched to the International Space Station (ISS) from Florida as part of a collaboration between NASA and SpaceX under the Commercial Crew Program. rotation of the SpaceX Crew Dragon and the first with international partners. • Two NASA astronauts and two each from the Japan Aerospace Exploration Space Agency Agency are (JAXA) among and the the four astronauts (ESA). • The aim of this test flight was to see whether SpaceX of the mission conduct microgravity studies, investigate food physiology meant to study the effects of dietary improvements on immune function and the gut microbiome and how those improvements can help crews adapt to spaceflight. • The mission is called Crew-2 and is the second crew European • Members capsules could be used to shuttle • Their central focus during this time will be to continue a series of Tissue Chips in Space studies. • Tissue Chips are small models of human organs that contain multiple cell types that behave similarly to the human body. • According to NASA, these chips can potentially speed up the process of identifying safe and effective drugs and vaccines. astronauts to and from the International Space WHAT IS THE COMMERCIAL CREW PROGRAM? Station on a regular basis. • The main objective of this program is to make access to space easier in terms of its cost, so that cargo and 78 crew can be easily transported to and from the ISS, enabling greater scientific research. BOSON • Boson is a collective name given to particles that • Through this program, NASA plans to lower its costs carry forces. It has been named after Indian scientist by sharing them with commercial partners such as Satyendra Nath Bose. Gravity as a force of nature is Boeing and SpaceX, and also give the companies yet not accepted by the Standard Model due to the incentive to design and build the Commercial Orbital failure to discover its Boson. Transportation Services (COTS). MUONS MUON • The muon, a heavier cousin of the electron, is expected to have a value of 2 for its magnetic moment (g). IN NEWS • It occurs naturally in cosmic ray showers and has Another hint of ‘new physics’, this time from Fermilab. • Fermilab, which houses the American particle accelerator, has released the first results from its ‘muon g-2’ experiment. • Before we proceed ahead to know the result of the experiment and its significance, let’s go through the basics first. Thus, according to the standard model elementary particles in nature are Quarks, Leptons and Bosons. QUARKS been produced copiously in the Fermilab experiments. • Like the electron, the muon has a magnetic moment because of which, when it is placed in a magnetic field, it spins. • As the muon spins, it also interacts with the surrounding environment, which consists of shortlived particles popping in and out of a vacuum. So, its g value (magnetic moment) is altered by its interactions with these short-lived excitations. • They join to form hadrons, such as protons and neutrons, which are components of the nuclei of atoms. • The antiparticle of a quark is the antiquark. • There are 6 principal quarks and, hence, 6 antiquarks. • Quarks and antiquarks are the only two fundamental particles that interact through all four fundamental forces of physics: gravitation, electromagnetism, and the strong interaction and weak interactions. • A quark exhibits confinement, which means that the quarks are not observed independently but always in combination with other quarks. LEPTONS • Like quarks, leptons too are of 6 types. However, they do not have any fractional charge. • The leptons are: electron, muon, tau and 3 types of neutrinos. 79 • It has not yet been observed directly. It doesn't THE ‘MUON G-2’ EXPERIMENT RESULT • Fermilab has announced that the measured ‘g’ deviated from the amount predicted by the Standard Model. • That is, while the calculated value in the Standard Model is 2.00233183620 approximately, the experimental results show a value of 2.00233184122. SIGNIFICANCE OF THE RESULT- INDICATION OF NEW PARTICLES interact with matter and is completely invisible to light and other forms of electromagnetic radiation making it impossible to detect. • Scientists are confident it exists because of the gravitational effects it has on galaxies and galaxy clusters. • The light from distant galaxies gets distorted and magnified by massive, invisible clouds of dark matter in the phenomenon known as Gravitational Lensing • The implications of this difference in the muon’s magnetic moment can be significant. • The Standard Model is supposed to contain the effects of all known particles and forces at the particle INGENUITY HELICOPTER level. • If the measured g factor differs from the value calculated by the Standard Model, it could signify that there are new particles in the environment that the SM does not account for. • So, a contradiction of the Standard Model would imply that there exist new particles, and their interactions with known particles would enlarge the canvas of particle physics. • These new particles could be the dark matter particles which people have been looking out for, in a long time. • This observation together with the recently observed anomaly in B decays at CERN indicates that the effects of new yet unobserved particles and forces is being seen as quantum effects. RELATED INFORMATION: DARK MATTER • It was in 1930s when Fritz Zwicky observed that many galaxies were moving faster than theoretical calculations. • This implied that there was some mysterious gravitational pull towards the centre of those galaxies. The quantity of matter needed to exert such a pull far exceed the observed matter. • This extra matter which invisible and undetected has been termed as Dark Matter. IN NEWS NASA's Ingenuity mini-helicopter has been dropped on the surface of Mars in preparation for its first flight. • Ingenuity is the first helicopter to fly on Mars. It was carried by NASA’s rover called Perseverance that was launched in July 2020. • Ingenuity is able to fly using counter-rotating blades that spin at about 2,400 rpm (Rotations Per Minute). • It has a wireless communication system, and is equipped with computers, navigation sensors, and two cameras. • It is solar-powered, able to charge on its own. • The helicopter’s mission is experimental in nature and completely independent of the rover’s science mission. • It will help collect samples from the surface from locations where the rover cannot reach. • Its performance during these experimental test flights will help inform decisions about small helicopters for future Mars missions — where they can perform a support role as robotic scouts, surveying terrain from above, or as full standalone science craft carrying instrument payloads. 80 • The Perseverance rover weighs less than 2,300 pounds and is managed by NASA’s Jet Propulsion Lab. WOLF–RAYET STARS • The rover’s mission will be to search for signs of past microbial life. • It will also collect samples of Martian rocks and dust, according to the release. • The rover will also be tasked with studying the red planet’s geology and climate. • All of NASA’s previous Mars rovers — including the Sojourner (1997), Spirit and Opportunity (2004) and Curiosity (exploring Mars since 2012) — were named in this way. IN NEWS Indian astronomers have tracked a rare supernova explosion and traced it to one of the hottest kind of stars called Wolf–Rayet stars or WR stars. • Wolf-Rayet stars represent a final burst of activity before a huge star begins to die. • These stars, which are at least 20 times more massive than the Sun, “live fast and die hard”. 81 • Supernovae (SNe) are highly energetic explosions in the Universe releasing an enormous amount of energy. • Long-term monitoring of these transients opens the door to understand the nature of the exploding star as well as the explosion properties. • It can also help enumerate the number of massive stars. NLS1 GALAXY • Wolf-Rayets stars are divided into 3 classes based on their spectra, the WN stars (nitrogen dominant, some carbon), WC stars (carbon dominant, no nitrogen) and WO where oxygen is in dominant quantities. IN NEWS Astronomers have discovered a new active galaxy identified as the farthest gamma-ray emitting galaxy that has so far been stumbled upon. This active galaxy called the NarrowLine Seyfert 1 (NLS1) galaxy. • Indian scientists have studied around 25,000 luminous Active galactic nuclei (AGN) from the Sloan • The average temperature of a Wolf-Rayet star is greater than 25,000 Kelvin, and they can have luminosities of up to a million times that of the Sun. • Indian astronomers have conducted the optical monitoring of one such stripped-envelope supernova called SN 2015dj hosted in the galaxy NGC 7371 which was spotted in 2015. • They calculated the mass of the star that collapsed to form the supernovae as well as the geometry of its ejection. • The scientists found that the original star was a combination of two stars – one of them is a massive WR star and another is a star much less in mass than the Sun. Digital Sky Survey (SDSS). • They identified it as a gamma-ray emitting NLS1 galaxy, which is a rare entity in space. • It is about 31 billion light-years away, opens up avenues to explore more such gamma-ray emitting galaxies that wait to meet us. • Ever since 1929, when Edwin Hubble discovered that the Universe is expanding, it has been known that most other galaxies are moving away from us. • Light from these galaxies is shifted to longer (and this means redder) wavelengths – in other words, it is redshifted. • Scientists have been trying to trace such red-shifted galaxies to understand the early Universe. 82 • Powerful relativistic jets, or sources of particles in the • A Satellite placed in the halo orbit around the Universe travelling nearly at speed to light, are usually Lagrangian point 1 (L1) of the Sun-Earth system has produced by AGN powered by large black holes and the major advantage of continuously viewing the hosted in a giant elliptical galaxy. Sun without any occultation/ eclipses. • NLS1s are a unique class of AGN that are powered by • Therefore, the Aditya-1 mission has now been revised the black hole of low mass and hosted in a spiral to “Aditya-L1 mission” and will be inserted in a halo galaxy. orbit around the L1, which is 1.5 million km from the • As of today, gamma-ray emission has been detected in about a dozen NLS1 galaxies, which are a separate Earth. • The satellite carries additional six payloads with enhanced science scope and objectives. class of AGN identified four decades ago. • All of them are at redshifts lesser than one, and no method was present to date to find NLS1 at redshifts larger than one. • This discovery opens up a new way to find gamma-ray emitting NLS1 galaxies in the early Universe. ADITYA-L1 IN NEWS ARIES facility (Aryabhata Research Institute for Observational Sciences) will host the support centre for Aditya-L1 mission, which is due to be launched next year (2022). • The Indian programme to study the Sun and the region between the Sun and the Earth from space – Aditya-L1 is due to be launched next year. • It will carry seven payloads which have been developed by various institutions across the country. • Once the mission is launched, there will be a need for a ground support centre to monitor and coordinate the work on its various payloads. This role will be played by the ARIES facility (short for Aryabhata Research Institute for observational Sciences) which is situated near Nainital. ADITYA – L1 FIRST INDIAN MISSION TO STUDY THE SUN • The Aditya-1 mission was conceived as a 400kg class HALO ORBIT AROUND THE LAGRANGIAN POINT 1 (L1) OF THE SUN-EARTH SYSTEMS: • Lagrange Points, named after Italian-French mathematician Josephy-Louis Lagrange, are positions in space where the gravitational forces of a twobody system (like the Sun and the Earth) produce enhanced regions of attraction and repulsion. • The L1 point is about 1.5 million km from Earth. • L1 refers to Lagrangian/Lagrange Point 1, one of 5 points in the orbital plane of the Earth-Sun system. satellite carrying one payload, the Visible Emission • These can be used by spacecraft to reduce fuel consumption needed to remain in position. Line Coronagraph (VELC) and planned to be launched • The L1 point is home to the Solar and Heliospheric in a 800 km low earth orbit. Observatory Satellite (SOHO), an international 83 collaboration project of National Aeronautics and Space Administration (NASA) and the European Space Agency (ESA). GAGANYAN MISSION IN NEWS Space agencies of India and France signed an agreement for cooperation for the former’s first human space mission, Gaganyaan, a move that will enable Indian flight physicians to train at French facilities. ABOUT INDIA FRANCE AGREEMENT ON GAGANYAN MISSION • The first space agreement between France and India dates back to 1964. • The recent agreement was announced during French Foreign Affairs Minister Jean-Yves Le Drian’s visit to the Indian Space Research Organisation’s (ISRO) headquarters in Bengaluru. • Existing partnerships between the two nations cover almost all areas of space activity. SIGNIFICANCE OF AGREEMENT • Under this agreement, France will be contributing to India’s Gaganyaan human spaceflight programme. • ISRO has asked the French space agency CNES to help prepare for Gaganyaan missions and to serve as its single European contact in this domain. • French space agency CNES under the agreement, equipment developed by it, tested and still operating aboard the International Space Station (ISS) will be made available to Indian crews. • The CNES will also be supplying fireproof carry bags made in France to shield equipment from shocks and radiation. • Under the terms of the agreement, CNES will train India’s flight physicians and CAPCOM mission control teams in France at the CADMOS centre for the development of microgravity applications and space operations at CNES in Toulouse and at the European Astronaut Centre (EAC) in Cologne, Germany. GAGANYAAN MISSION • India’s Mission sent a three-member crew to space. • Gaganyaan will be launched after the second unmanned mission planned in 2022-23. • First unmanned mission is planned in December 2021, But due to the Covid-19 induced lockdown delayed. • Aim: To send a three-member crew to space for five to seven days by 2022 when India completes 75 years of independence. NATIONAL INTERNET EXCHANGE OF INDIA (NIXI) IN NEWS The Ministry of Electronics & Information Technology (MeitY) has inaugurated three path-breaking initiatives for the National Internet Exchange of India (NIXI). 84 • National Internet Exchange of India (NIXI) is a not-forprofit organization (section 8 of the Companies Act 2013) working since 2003 for spreading the internet infrastructure to the citizens of India through the following activities: o Internet Exchanges through which the internet data is exchanged amongst ISP’s, Data Centers and CDNs. • It can be used to compare the IPv6 Indian adoption rate with other economies in the world. • NIXI will populate this portal with web adoption in IPv6, IPv6 traffic etc. in the coming days. • This portal will motivate organisations to adopt IPv6, provide inputs for planning by technical organisations and research by academicians. o IN Registry, managing and operation of .IN countrycode domain and IDN domain for India. WHITEST PAINT o IRINN, managing and operating Internet protocol (IPv4/IPv6). THREE NEW INITIATIVES ARE: IPV6 EXPERT PANEL (IP GURU) IN NEWS • IP Guru is a group to extend support to all the Indian Engineers from Purdue University in the US have created entities who are finding it technically challenging to migrate and adopt IPv6. • In addition to this, the IPv6 expert group will help in what they are calling the whitest paint yet. Buildings coated with this paint may be able to cool them off enough to reduce the need for air conditioning, the identifying & hiring an agency that will help end researchers have said. customer by providing necessary technical support to • The researchers created an ultra-white paint pushing adopt IPv6. • This panel will guide all such Indian entities and help in increasing IPv6 adoption. NIXI ACADEMY • NIXI Academy is created to educate technical/nontechnical people in India to learn and relearn technologies like IPv6 which are normally not taught in Educational Institutes. • NIXI academy comprises an IPv6 training portal which is developed with the help of various technical experts in order to provide mass training to the community. • The easy-to-use platform helps network operators and educators understand networking best practices, principles and techniques; manage Internet resources better; and use appropriate Internet technologies more effectively. NIXI-IP-INDEX • NIXI has developed an IPv6 index portal for the Internet community. • NIXI-IP-INDEX portal will showcase the IPv6 adoption rate in India and across the world. the limits of how white paint can be. • This older formulation was made of calcium carbonate, while the new one is made up of barium sulphate, which makes it whiter. • The newer paint is whiter and keeps the surface areas it is painted on cooler than the formulation before this could. WHAT DETERMINES IF A COLOUR ABSORBS OR REFLECTS LIGHT? • To understand how this works one needs to note that whenever an object is seen by the eye, it is either because of sunlight or the artificial light in the room. • This light is made up of seven different colours (Violet, Indigo, Blue, Green, Yellow, Orange and Red or VIBGYOR). Specifically, light is made up of wavelengths of different colours. • If an individual is looking at a sofa that is green, this is because the fabric or material it is made up of is able to absorb all the colours except green. • This means that the molecules of the fabric reflect the green coloured wavelengths, which is what the eye sees. 85 • Therefore, the colour of any object or thing is • Xenobots, named after the African clawed frog are determined by the wavelength the molecules are not synthetic organisms that are automatically designed able to absorb. by computers to perform some desired function and WHAT DETERMINES WHICH WAVELENGTH OF LIGHT WILL BE REFLECTED AND ABSORBED? • This is dependent on how electrons are arranged in an atom (the building block of life, an atom is made up of electrons, protons and neutrons. • These three particles make up everything in the known universe from mountains, planets, humans to pizza and cake). • In contrast, if an object is black, it is because it has absorbed all the wavelengths and therefore no light is reflected from them. • This is the reason that darker objects, as a result built by combining together different biological tissues. • They are less than a 1-millimetre (0.039 inches) wide and composed of just two things: skin cells and heart muscle cells, both of which are derived from stem cells harvested from early (blastula stage) frog embryos. • They can self-heal after damage, record memories and work together in groups. • These biological robots can record information about their surroundings and move using cilia – minute hair like particles present on their surface. absorbing all wavelengths tend to heat up faster (during absorption the light energy is converted into heat energy). SO, WHAT MAKES THE PAINT SO WHITE? • There are two features: o One is the paint’s high concentration of a chemical compound called barium sulfate, which is also used to make photo paper and cosmetics white. o The second feature is that the team has used different sized particles of this chemical compound, which means different sizes scatter different amounts of light. • In this way, the varying size of particles of the compound makes sure that the paint can scatter more of the light spectrum from the sun. XENOBOTS XENOBOTS APPLICATIONS • These soft-body living machines can have several applications in biomedicine and the environment. • They could be made from a human patient’s own cells, which would bypass the immune response challenges of other kinds of micro-robotic delivery systems. • Such xenobots could potentially be used to scrape plaque from arteries and with additional cell types and bioengineering, locate and treat disease. IN NEWS Researchers at Tufts University have developed robots from stem cells of frogs. 86 Q.1) Aditya – L1 is the first Indian mission to study: Which of the statements given above is/are correct? (a) Sun (b) Moon (a) 1 only (b) 2 only (c) Mars (d) Black Hole (c) Both 1 and 2 (d) Neither 1 nor 2 Q.2) Which of the following are the type of rare diseases? Q.4) Consider the following statements: 1. Xenobots are living machines can have several 1. Haemophilia 2. Thalassemia, 3. Sickle-cell anaemia 4. Pompe disease applications in biomedicine and the environment. 2. Xenobots could not be made from a human patient’s own cells. Select the correct answer using the code given below. Select the correct answer using the code given below. (a) 1 only (b) 2 only (a) 1, 2 and 3 only (b) 2, 3 and 4 only (c) Both 1 and 2 (d) Neither 1 nor 2 (c) 1, 3 and 4 only (d) 1, 2, 3 and 4 Q.5) Single crystal blades technology is related to: Defence Research and Development Organisation (DRDO) Q.3) Consider the following statements: (a) 1. The World Health Organisation (WHO) include medical oxygen on their List of Essential (b) International Space Station (ISS) Medicines. (c) World Health Organisation (WHO) 2. Medical oxygen is high purity oxygen suitable for use in the human body. (d) Indian Council of Medical Research (ICMR) Q1. What are the rare diseases? How National Policy of Rare Disease, 2021 is a way forward in ensuring citizen’s wellbeing in the country? Answers: 1-a, 2-d, 3-c, 4-a, 5-a 87 GROUND WATER CHALLENGES IN INDIA CONTEXT Ground water is an essential and vital component of our life support system. The ground water resources are being utilized for drinking, irrigation and industrial purposes. There is growing concern on deterioration of ground water quality due to geogenic and anthropogenic activities. The quality of ground water has undergone a change to an extent that the use of such water could be hazardous. Increase in overall salinity of the ground water and/or presence of high concentrations of fluoride, nitrate, iron, arsenic, total hardness and few toxic metal ions have been noticed in large areas in several states of India. Ground water contains wide varieties of dissolved inorganic chemical constituents in various concentrations as a result of chemical and biochemical interactions between water and the geological materials through which it flows and to a lesser extent because of contribution from the atmosphere and surface water bodies. OVER UTILIZATION OF GROUND WATER • In Delhi, Haryana, Punjab and Rajasthan, ground water development is more than 100%. This implies 88 that in these states, the annual ground water into the cracks and crevices beneath the land's consumption is more than annual ground water surface. In some areas of the world, people face recharge. serious water shortages because groundwater is used • In the states of Himachal Pradesh, Tamil Nadu and Uttar Pradesh and the Union Territory of Puducherry, the level of ground water development is 70% and above. faster than it is naturally replenished. In other areas groundwater is polluted by human activities. o Water in aquifers is brought to the surface naturally through a spring or can be discharged • In rest of the states, the level of ground water development is below 70%. Over the years, usage of ground water has increased in areas where the resource was readily available. • Experts believe that India is fast moving towards a crisis of ground water overuse and contamination. Ground water overuse or overexploitation is defined as a situation in which, over a period of time, average extraction rate from aquifers is greater than the average recharge rate. into lakes and streams. Groundwater can also be extracted through a well drilled into the aquifer. A well is a pipe in the ground that fills with groundwater. This water can be brought to the surface by a pump. Shallow wells may go dry if the water table falls below the bottom of the well. Some wells, called artesian wells, do not need a pump because of natural pressures that force the water up and out of the well. o In areas where material above the aquifer is permeable, pollutants can readily sink into groundwater supplies. Groundwater can be polluted RELATED INFORMATION: AQUIFERS by landfills, septic tanks, leaky underground gas tanks, and from overuse of fertilizers and pesticides. If groundwater becomes polluted, it will no longer be safe to drink. • In India, the availability of surface water is greater than ground water. • However, owing to the decentralised availability of groundwater, it is easily accessible and forms the largest share of India’s agriculture and drinking water supply. • 89% of ground water extracted is used in the o Aquifers are typically made up of gravel, sand, sandstone, or fractured rock, like limestone. Water can move through these materials because they have large connected spaces that make them permeable. The speed at which groundwater flows depends on the size of the spaces in the soil or rock and how well the spaces are connected. o Groundwater can be found almost everywhere. The water table may be deep or shallow; and may rise or irrigation sector, making it the highest category user in the country. • This is followed by ground water for domestic use which is 9% of the extracted groundwater. • Industrial use of ground water is 2%. • 50% of urban water requirements and 85% of rural domestic water requirements are also fulfilled by ground water fall depending on many factors. Heavy rains or IRRIGATION THROUGH GROUND WATER melting snow may cause the water table to rise, or • The largest component of ground water use is the heavy pumping of groundwater supplies may cause the water table to fall. o Groundwater supplies water extracted for irrigation. The main means of irrigation in the country are canals, tanks and wells, are replenished, or recharged, by rain and snow melt that seeps down including tube-wells. Of all these sources, ground water constitutes the largest share. 89 • Wells, including dug wells, shallow tube-wells and limits, all water under the land and on the surface. deep tube wells provide about 61.6% of water for This makes it difficult to regulate extraction of ground irrigation, followed by canals with 24.5%. water as it is owned by the person to whom the land belongs. • Further the law excludes landless ground water users from its purview. • Water falls under the State List of the Constitution. This implies that state legislative assemblies can make laws on the subject. In order to provide broad guidelines to state governments to frame their own laws relating to sustainable water usage, the central government has published certain framework laws or model Bills. • Over the years, there has been a decrease in surface • In 2011, the government published a Model Bill for water use and a continuous increase in ground water Ground Water Management based on which states utilisation for irrigation. could choose to enact their laws. • The dependence of irrigation on ground water • In addition, it outlined a National Water Policy in increased with the onset of the Green Revolution, 2012 articulating key principles relating to demand which depended on intensive use of inputs such as management, usage efficiencies, infrastructure and water and fertilizers to boost farm production. pricing aspects of water. As recommended in this Incentives such as credit for irrigation equipment and policy, the government published a National Water subsidies for electricity supply have further worsened Framework Bill in 2013. the situation. Low power tariffs has led to excessive water usage, leading to a sharp fall in water tables. • Ground water contamination is the presence of certain pollutants in ground water that are in excess of the limits prescribed for drinking water. commonly observed contaminants include arsenic, fluoride, nitrate and iron, which are geogenic in nature. Other contaminants include bacteria, phosphates and heavy metals which are a result of human activities including domestic governance of ground water under the public trust doctrine. The concept of public trust doctrine ensures GROUND WATER CONTAMINATION • The • The Model Bills and National Water Policy address the sewage, agricultural practices and industrial effluents. • The sources of contamination include pollution by landfills, septic tanks, leaky underground gas tanks, and from overuse of fertilizers and pesticides. • It has been pointed out that nearly 60% of all districts in the country have issues related to either availability of ground water, or quality of ground water, or both. LEGISLATIVE AND POLICY FRAMEWORK • The Easement Act, 1882 provides every landowner with the right to collect and dispose, within his own that resources meant for public use cannot be converted into private ownership. • Government being the trustee has the responsibility to protect and preserve this natural resource for and on behalf of the beneficiaries, that is, the people. Additionally, they allow every person the fundamental right to be provided water of acceptable quality. • It may be noted that the fundamental right to water has been evolved by the Supreme Court and various High Courts of the country as part of ‘Right to Life’ under Article 21 of the Constitution. Courts have delivered verdicts on concerns such as access to drinking water and on the right to safe drinking water as a fundamental right. • Central Water Commission initiates and coordinates schemes for the conservation and utilisation of water resources in the country in collaboration with state governments; and monitoring water quality. 90 • Central Ground Water Board develops and disseminates technology related to sustainable use of ground water; monitoring and implementing policies for the sustainable management of ground water exploitation. This will reduce dependence of agriculture on groundwater. These measures include: • Crop planning for a specific area depending on the aquifer type, ground water extraction, monsoonal resources; estimating ground water resources. rainfall and the water table level. This would include • Central Ground Water Authority constituted under some degree of shift towards higher-value and less- Section 3(3) of the Environment (Protection) Act, 1986 to regulate and control development and management of ground water resources; can resort to penal actions and issue necessary water consumption crops. • Adoption irrigation beneficial, non-recoverable fractions of water use in • Central Pollution Control Board implements the agriculture. • Restrictions to control ground water abstraction or use through regulatory measures. These may AGRICULTURE POLICES include restricting the depth of irrigation water wells, • In the last few decades, roughly 84% of the total establishing addition to the net irrigated area has come through ground water. The primary cause of over-exploitation has been the rising demand for ground water from and enforcing minimum distances between irrigation. • The Comptroller and Auditor General (CAG) of India in its Performance Audit of Water Pollution in India, agriculture. 2011-12 observed that despite increasing pollution of • Further, decisions such as cropping pattern and ground water sources and presence of contaminants cropping intensity are taken independent of the like ground water availability in most areas. • The practice of providing power precision which will help reduce evaporation and other non- directives. 1974 which seeks to restore water quality. modern technologies such as drip and sprinkler systems regulatory Water (Prevention and Control of Pollution) Act, of arsenic, nitrate, fluoride, salinity, etc., no programme at the central or state level is being subsidies implemented for control of pollution and restoration for of groundwater. agriculture has played a major role in the decline of water levels in India. • Additionally, the Central Pollution Control Board and • The Draft National Water Framework Bill, 2013 also the CGWB do not carry out real-time monitoring of suggested that over extraction of ground water should water pollution in rivers, lakes and ground water be curtailed by regulating the use of electricity needed sources. for its extraction • The CAG has made the following recommendations with regard to the prevention and control of pollution • The High-Level Committee on restructuring of the of groundwater: Food Corporation of India in 2014, chaired by Mr. Shanta Kumar observed that even though Minimum Support Prices (MSPs) are currently announced for 23 crops, the effective price support is for wheat and rice. This creates highly skewed incentive structures in favour of wheat and paddy, which are water intensive crops and depend heavily on ground water for their growth. Experts have agriculture to suggested demand address excessive management ground in water (i) the Ministry of Environment, Forests, and Climate Change needs to establish enforceable water quality standards for lakes, rivers and ground water to help protect ecosystem and human health; (ii) penalties need to be levied for violations of water quality standards, and (iii) states need to take measures for source control of pollutants through sewage and agriculture runoff entering water bodies in projects for conservation and restoration of lakes. 91 THE SOLUTION: LOCAL MANAGEMENT OF sustainability of aquifers and participatory ground GROUND WATER water management. The phenomena of local water users successfully managing their water resources has been observed in only a few areas. The Planning NITI VALLEY Commission recommended that local planners take the following steps while planning for ground water management: • Determining the relationship between surface hydrological units such as watershed or river basins, and hydrological units below the ground such as aquifers, • Identification of ground water recharge areas, • Maintaining ground water balance at the level of the village or the watershed, and IN NEWS At least eight people died after a glacier broke off in the Sumna area of Niti Valley near Uttarakhand’s Chamoli district. NITI VALLEY • Niti Valley is a remote valley located in the • Creating regulatory options at the community level northernmost region of Uttarakhand, India at a height such as panchayat. Examples of activities that could of 3, 600 m (11, 811 ft). It is close to the Chinese be regulated at the local level include drilling depth, border and Niti is the last village in the valley before distance between wells, cropping patterns to ensure the border with south Tibet. • The Niti Pass was an ancient trade route between India and Tibet, and it was sealed after the 1962 Sino- Indian War. Since then, the border has remained sealed. 92 • The valley is mostly inhabited by Bhotiyas or Chamoli's Marchas, a community of Mongoloid origin, or Tolcchas. The language spoken is a mix of Tibetan and Garhwali or Rongpo. • Due to adverse weather conditions in the winter, the villages in the valley are only hospitable for about six to eight months. Villagers migrate to lower regions during the winters. HOW PRONE TO FIRE ARE INDIA’S FORESTS? • Various medicinal plants and herbs grow in the valley • As of 2019, about 21.67% (7,12,249 sq km) of the that have been mentioned in the Charak Samhita, an country’s geographical area is identified as forest, ancient treatise on Ayurveda. according to the India State of Forest Report 2019 (ISFR) released by the Forest Survey of India (FSI), FOREST FIRES Dehradun. Tree cover makes up another 2.89% (95, 027 sq km). • Based on previous fire incidents and recorded events, forests of the Northeast and central India regions are the most vulnerable areas to forest fires. Forests in Assam, Mizoram and Tripura have been identified IN NEWS Uttarakhand has witnessed over 1,000 incidents of forest fire over the last six months. Since the start of 2021, there has been a series of forest fires in Himachal Pradesh, Nagaland-Manipur border, Odisha, Madhya Pradesh, and Gujarat, including in wildlife sanctuaries. April-May is the season when forest fires take place in various parts of the country. But forest fires have been more frequent than usual in Uttarakhand and have also taken place during winter; dry soil caused by a weak monsoon is being seen as one of the causes. WHERE HAVE FOREST FIRES HAPPENED? • January saw prolonged fires in Uttarakhand, Himachal Pradesh (Kullu Valley) and Nagaland-Manipur border (Dzukou Valley). The ongoing one in Nainital began in March-end. The Simlipal National Park in Odisha saw a major fire between February-end and early March. as ‘extremely prone’ to forest fire. • States with large forest areas under the ‘very highly prone’ category include Andhra Pradesh, Manipur, Meghalaya, Mizoram, Nagaland, Odisha, Maharashtra, Bihar and Uttar Pradesh. • Western Maharashtra, Southern Chhattisgarh and areas of Telangana and Andhra Pradesh, along with central Odisha, are turning into ‘extremely prone’ forest fire hotspots. • Areas under the ‘highly prone’ and ‘moderately prone’ categories make up about 26.2% of the total forest cover. WHAT CAUSES FOREST FIRES? Forest fires can be caused by a number of natural causes, but officials say many major fires in India are triggered mainly by human activities. Emerging studies link climate change to rising instances of fires globally, especially the massive fires of the Amazon forests in • Recent fires include those in Bandhavgarh Forest Brazil and in Australia in the last two years. Fires of Reserve in Madhya Pradesh, and in sanctuaries for the longer duration, increasing intensity, higher frequency Asiatic lion and the great Indian bustard in Gujarat. and highly inflammable nature are all being linked to climate change. 93 • As it is impossible to transport heavy vehicles loaded with water into the thick forests, a majority of fire dousing is initiated manually, using blowers and similar devices. • Wind speed and direction play a critical role in bringing a forest fire under control. The fire often spreads in the direction of the winds and towards higher elevations. WHAT FACTORS MAKE FOREST FIRES A CONCERN? • Forests play an important role in mitigation and adaptation to climate change. They act as a sink, reservoir and source of carbon. A healthy forest stores and sequesters more carbon than any other terrestrial • In India, forest fires are most commonly reported during March and April, when the ground has large quantities of dry wood, logs, dead leaves, stumps, dry grass and weeds that can make forests easily go up in ecosystem. In India, with 1.70 lakh villages in close proximity to forests (Census 2011), the livelihood of several crores of people is dependent on fuelwood, bamboo, fodder, and small timber. • Forest fires can have multiple adverse effects on the flames if there is a trigger. • Under natural circumstances, extreme heat and dryness, friction created by rubbing of branches with each other also have been known to initiate fire. • In Uttarakhand, the lack of soil moisture too is being seen as a key factor. In two consecutive monsoon seasons (2019 and 2020), rainfall has been deficient by 18% and 20% of the seasonal average, respectively. • But, forest officials say most fires are man-made, sometimes even deliberately caused. Even a small spark from a cigarette butt, or a carelessly discarded lit matchstick can set the fire going. For example, in Odisha, which saw a major fire last month in Simlipal forest, villagers are known to set dry leaves to fire in forest cover, soil, tree growth, vegetation, and the overall flora and fauna. Fires render several hectares of forest useless and leave behind ash, making it unfit for any vegetation growth. • Heat generated during the fire destroys animal habitats. Soil quality decreases with the alteration in their compositions. Soil moisture and fertility, too, is affected. Thus forests can shrink in size. The trees that survive fire often remain stunted and growth is severely affected. PARIS CLIMATE DEALSTATUS order to collect mahua flowers, which go into preparation of a local drink. WHY ARE FOREST FIRES DIFFICULT TO CONTROL? • The locality of the forest and access to it pose hurdles in initiating firefighting efforts. • During peak season, shortage of staff is another challenge in dispatching firefighting teams. IN NEWS At the latest count by the non-profit, Energy and Climate and Intelligence Unit (ECIU), at the beginning of April, 32 equipment, depending on the type of fire, through the countries had declared, in some documented form, their • Timely mobilisation of forest thick forests remain challenges. staff, fuel proposed intention to achieve carbon neutral status by mid-century or thereabouts. Of these, only eight have any 94 firm status, the rest being in the form of proposed that declares that the Paris Agreement “will be legislation or mentions in policy documents. implemented to reflect equity and the principle of The UN Secretary General has taken the lead in sparking common but differentiated responsibilities and off an international chorus, led by global civil society organisations based in the developed countries and encouraged by their governments, that is urging all countries, especially India, to make explicit declarations. respective capabilities, in the light of different national circumstances”. CHALLENGE: CURRENT PLEDGES FALL SHORT: • The hard scientific reality is that such a three-way TEMPERATURE GOAL IN PARIS CLIMATE DEAL compatibility between temperature goals, carbon • The impetus for such declarations arises from Article neutrality, and equity cannot be achieved for the 1.5°C 4.1 of the Paris Agreement that states that “In order to achieve the long-term temperature goal set out in Article 2, Parties aim to reach global peaking of temperature goal at all. And even for the 2°C goal, the current pledges are highly inadequate. • According to IPCC Special Report on Global possible, Warming of 1.5° warming, what remains of this recognizing that peaking will take longer for developing global carbon budget from 2018 onwards, for a 50% country Parties, and to undertake rapid reductions probability of restricting temperature rise to less than thereafter in accordance with best available science, so as 1.5°C, is 480 Giga-tonnes (billion tonnes) of carbon to achieve a balance between anthropogenic emissions dioxide equivalent (GtCO2eq). greenhouse gas emissions as soon as by sources and removals by sinks of greenhouse gases in the second half of this century, on the basis of equity, and in the context of sustainable development and efforts to eradicate poverty”. • The temperature goal referred to is the much better known declaration of intent of the Paris Agreement, of limiting temperature rise to well below 2°C and further pursuing efforts to restrict it to 1.5°C above pre-industrial levels. • The balance of emissions and removal of greenhouse gases is not sought on a country-wise basis but for the world as a whole. • Though both developed country governments and civil society outfits commonly state this as an individual commitment by all countries, the text of the Paris Agreement clearly indicates, based on considerations of equity and differentiation, that this is a global goal. HOWEVER, THERE ARE TWO, RELATED AND MORE CRITICAL, ISSUES THAT ARE OFTEN IGNORED. • The first is the compatibility of the intent of Article 4.1 and Article 2. Is the achievement of carbon neutrality compatible with achieving the 1.5°C or 2°C. goal? • And whether the mid-century carbon neutrality goals of developed countries are compatible with Article 2.2 • At the current rate of emissions of about 42 GtCO2eq per year, this budget would be consumed in 12 years. To keep within the 480 Gt budget, at a steady linear rate of decline, global carbon neutrality must be reached by 2039. • For a 50% probability of restricting temperature rise to below 2°C, the budget is considerably more generous, amounting to about 1,400 GtCO2eq, that provides considerably greater room for manoeuvre. Carbon Peaking by the West: In order to be able to understand the full impact of the commitments made by developed countries, we will have to look into their “historical emissions” • Emissions in the U.S. (not considering land use and land use change and forest related emissions) (LULUCF), peaked in 2005 and have declined at an average rate of 1.1% from then till 2017, with a maximum annual reduction of 6.3% in 2009, at the height of a recession. • Even if it did reach net-zero by 2050 at a steady linear rate of reduction, which is unprecedented, its cumulative emissions between 2018 and 2050 would be 106 GtCO2, which is 22% of the total remaining carbon budget for the whole world — so high, that unless others reduced emissions at even faster rates, the world would most certainly cross 1.5°C warming. 95 • Indeed, if the U.S. has to stay within its fair share of the remaining carbon budget, it would have to reach net zero emissions (with linear reduction) by 2025. It would still owe a carbon debt of 470 GtCO2 to the rest of the world for having used more than its fair share of carbon space in the past. At a very moderate carbon price of $30 per tonne of CO2, this translates to a carbon debt of over $14 trillion, that the U.S. owes the world. • Similarly, the European Union, to keep to its fair share of the remaining carbon budget would have to reach net zero by 2033, with a constant annual reduction in emissions. • Individual countries will have different dates for a fair net zero — Germany’s is 2030. If the EU reaches net zero only by 2050 it would consume at least 71 GtCO2, well above its fair share. Either way, the EU owes the world a carbon debt of about $9.3 trillion (at the same • India’s current low carbon footprint is a consequence of the utter poverty and deprivation of a majority of its population, and not by virtue of sustainability. • Second, India does not owe a carbon debt to the world. India’s emissions (non-LULUCF) are no more than 3.5% of global cumulative emissions prior to 1990 and about 5% since till 2018. • Nor are India’s current annual emissions such as to seriously dent the emissions gap between what the world needs and the current level of mitigation effort, even as India’s mitigation efforts are quite compatible with a 2°C target. • Any self-sacrificial declaration of carbon neutrality today in the current international scenario would be a wasted gesture reducing the burden of the developed world and transferring it to the backs of the Indian people. SHOULD INDIA BE ANNOUNCING CARBON India’s twin burden of low-carbon development and adaptation to climate impacts, is onerous and no doubt requires serious, concerted action. NEUTRALITY GOALS? India’s approach to eventual net-zero emissions is India clearly should not join this game of carbon neutrality declarations, for a number of reasons. contingent on deep first world emissions reductions and an adequate and unambiguous global carbon budget. Meanwhile, India must reject any attempt to restrict its price of $ 30/tCO2) for past emissions. • For one, India has to stay focused on development — both as its immediate need as well as its aspirational goal. While sustainability is desirable, the question of options and be led into a low-development trap, based on pseudo-scientific narratives. how low India’s future low-carbon development can be is highly uncertain. 96 IRRAWADDY DOLPHIN The Indian Ocean humpback dolphin (Sousa plumbea) is a member of the Delphinidae family occupying coastal areas ranging from Southern Africa to Western Indochina. IN NEWS e-FUEL The population of dolphins in Chilika, India’s largest brackish water lake, and along the Odisha coast has doubled this year compared with last year. • Three species were recorded during the census, with 544 Irrawaddy, bottle-nose and humpback dolphins sighted this year, compared with 233 last year. • Wildlife activists are elated over the sizeable growth in the population of endangered Irrawaddy dolphins, which are mostly found in Chilika lake, jumping from 146 in 2020 to 162 this year. • Apart from Chilika, 39 Irrawaddy dolphins were sighted in the Rajnagar mangrove division, though their number has come down from 60 in 2020. The Irrawaddy dolphin (Orcaella brevirostris) is a euryhaline species of oceanic dolphin found in discontinuous subpopulations near sea coasts and in estuaries and rivers in parts of the Bay of Bengal and Southeast Asia. • The highest growth has been noticed in the case of humpback dolphins. Only two humpbacks were sighted in the Rajnagar mangrove in 2020. In 2021, however, this population grew astronomically to 281. eFuel PRODUCTION • eFuel production is based on the extraction of hydrogen. This happens by means of an electrolysis process that breaks down water (e.g. seawater from desalination plants) into its components of hydrogen and oxygen. For this process and further production IN NEWS The Porsche has joined with Siemens Energy to produce eFuel by 2022. The project of eFuel production is called Haru Oni project. WHAT ARE e-FUELS? • eFuels are produced with the help of electricity from renewable energy sources, water and CO2 from the air. • In contrast to conventional fuels, they do not release additional CO2 but are climate-neutral. • With their compatibility with today’s internal combustion engines, eFuels can also power vehicles, airplanes and ships, thus allowing them to continue to operate but in a climate-friendly manner. • The same applies to all heating systems that use liquid fuels. Existing transport, distribution and fuel infrastructures (especially filling stations) can also continue to be used. • In a second step, with the aid of Fischer-Tropsch synthesis, the hydrogen is combined with CO2 extracted from the air and converted into a liquid energy carrier: eFuel. • Under high pressure using a catalyst, the hydrogen binds with the CO2. steps, electricity is required. 97 CARACAL • Because electricity is used for the production of eFuels, the procedure is known as a power-to-liquid (PtL) process: electricity is converted into a synthetic liquid that is easy to store and simple to transport. • After refinery processing is complete, the eFuel produced can be used as ePetrol, eDiesel, eHeating oil and eKerosene – and can completely replace conventional fuels. The National Board for Wildlife and MoEFCC included the • Thanks to their drop-in capability, eFuels can also be blended with conventional fuels in any desired ratio. • The existing IN NEWS logistics, distribution and tank infrastructure such as tank farms, tank lorries, pipelines and filling stations can stay in place – there is no need for an expensive change of technologies. caracal, a medium-sized wildcat found in parts of Rajasthan and Gujarat, in the list of critically endangered species. Though not under grave threat in its other habitats, the animal is on the verge of extinction in India. The recovery programme for critically endangered species in India now includes 22 wildlife species. • The climate neutrality of eFuels derives from the fact that, on the one hand, electricity from renewable energies is used in their production and, on the other hand, only as much CO2 is emitted during use as was previously bound during production. • eFuels can therefore make a climate-neutral contribution in all sectors where conventional fuels are currently used (e.g. transport or heating in buildings). • eFuels can solve two challenges of the energy transition: the problems of storing and transporting renewable energies. • Carbon-neutrality: By utilizing CO2 that has been previously released, Power-to-Liquid closes the carbon cycle • Electrical efficiency: Reusing heat and off-gas from Fischer-Tropsch synthesis for co-electrolysis (Sunfire-SynLink) reduces electricity demand • Infrastructure integration: Due to similar chemical properties as crude oil, renewable crude can be processed in existing refinery infrastructures • Product quality: The use of pure feedstocks leads to a superior quality of e-Fuel compared to fossil fuels, e.g. no sulphur content, reduced NOX emissions • Scalability: PtL can be used to produce a wide variety of end-products transportation. several dozen countries across Africa, the Middle East, Central and South Asia. While it flourishes in parts of Africa, its numbers in Asia are declining. CORE ADVANTAGES the Distribution: Besides India, the caracal is found in that enable decarbonization TRAITS • The wildcat has long legs, a short face, long canine teeth, and distinctive ears — long and pointy, with tufts of black hair at their tips. • The iconic ears are what give the animal its name — caracal comes from the Turkish karakulak, meaning ‘black ears’. In India, it is called siya gosh, a Persian name that translates as ‘black Ear’. • The caracal is an elusive, primarily nocturnal animal, and sightings are not common. Very few studies have been conducted on the wildcat, and there is no reliable data on populations now or in the past. • In the absence of sightings, several experts fear the caracal could be on the verge of extinction in India — some estimates put their numbers at no more than 50. 98 INTEGRATED under the CSS- Project Tiger, which are duly notified under the Wildlife (Protection) Act, 1972 and are under the control of the Chief Wildlife Wardens. DEVELOPMENT OF • Protection of Wildlife Outside Protected Areas: There are substantial wildlife and natural resources WILDLIFE HABITATS lying outside the Protected Areas network of India. This component seeks to support the conservation of wildlife in these areas. • Eligible areas: High-value biodiversity areas outside PAs. Areas contiguous to PAs/corridors are given • Integrated Development of Wildlife Habitats’ (IDWH) is priority. The Chief Wildlife Wardens prepare a an on-going Centrally Sponsored Scheme which has Biodiversity Conservation Plan for such selected area; been made operational by adding more components Human-wildlife conflict management in and around and activities to the erstwhile Centrally Sponsored Scheme - "Assistance for the Development of National Parks and Sanctuaries" during the 11th Plan Period. forests. • Recovery programme for critically endangered species and habitats: This component is for affecting • Under IDWH, the financial assistance is provided to State/UT Governments for protection the recovery of critically endangered species in the and country. Initially, 17 species have been identified conservation of wildlife and its habitats in Protected Areas (PAs) as well as outside PAs and also for the recovery programmes of the critically endangered under this component. • The Director, Wildlife Preservation, Government of India, in consultation with the Wildlife Institute of India species. or the relevant scientific institute and with the • Components: The scheme has the following three approval of the Standing Committee of the NBWL can components: initiate other recovery programmes or wind up an ongoing programme. 1. Support to Protected Areas 2. Protection of Wildlife outside Protected Areas. • The activities supported under the programme are: 3. Recovery programmes for saving critically endangered ο Management planning and capacity building. species and habitats. • Eligible Protected Areas: National Parks, Wildlife Sanctuaries, Conservation Reserves and Community Reserves, other than those availing central assistance Q1. 1. Which of the following statements is/are ο Anti-poaching and infrastructure development. ο Restoration of habitats. ο Eco-development and community-oriented activities. 2. The valley is mostly inhabited by Bhotiyas or correct regarding Niti Valley? Chamoli's Marchas, a community of Mongoloid It is a remote valley located in the northernmost origin, or Tolcchas. region of Uttarakhand. 99 3. Due to adverse weather conditions in the winter, (a) 1 only (b) 2 only the villages in the valley are only hospitable for (c) Both 1 and 2 (d) Neither 1 nor 2 Q4. With reference to Paris Climate deal, consider about six to eight months. Select the correct answer using the code given below: (a) 1 only (b) 1 and 2 only (c) 3 only (d) 1, 2 and 3 the following statements: 1. According to the treaty, the Global Peaking should be achieved by 2045 Q2. Consider the following statements: 1. The Irrawaddy river dolphin can only live in freshwater. 2. It only talks about market mechanisms for carbon mitigation, leaving out non market mechanisms. 3. It does not recognizes the principle of Common but Differentiated Responsibility. Dams and barrages on rivers have wreaked the greatest havoc to Ganga dolphins by reducing Which of the statements given above is/are correct? river flow and isolating their populations to certain (a) 1 and 2 only (b) 2 and 3 only (c) 1, 2 and 3 (d) None of the Above. Q5. Consider the following pairs: 1. Kullu Valley- Himachal Pradesh 2. Dzukou Valley- Arunachal Pradesh 3. Araku Valley – Odisha dammed stretches. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Q3. Consider the following statements: 1. Besides India, the caracal is found in several dozen countries across Africa, the Middle East, Central and South Asia 2. 2. The National Board for Wildlife and MoEFCC Which of the pairs given above is/are correctly matched? (a) 1 only (b) 1 and 2 only (c) 2 and 3 only (d) 1, 2 and 3 included the caracal in the list of critically endangered species. Which of the statements given above is/are correct? Answers: 1-d, 2-b, 3-c, 4-d, 5-a 100