Note4Students
From UPSC perspective, the following things are important :
Prelims level: Right to Information
Mains level: Read the attached story
A good 17 years after India got the Right to Information (RTI) Act, the transparency regime in the country remains a mirage with nearly 3.15 lakh complaints and appeals pending with 26 information commissions across India.
RTI Pendency in India
- According to a report by Satark Nagrik Sangathan, the backlog of appeals or complaints is increasing in commissions every year.
- The number of appeals and complaints pending in 2021 was 2,86,325 with data from 26 commissions and in 2022, it was 3,14,323.
- The highest number of pending cases was in Maharashtra at 99,722, followed by UP at 44,482, Karnataka at 30,358, the Central Information Commission at 26,724 and Bihar at 21,346.
What is the Right to Information?
- RTI is an act of the parliament that sets out the rules and procedures regarding citizens’ right to information.
- It replaced the former Freedom of Information Act, 2002.
- Under the provisions of RTI Act, any citizen of India may request information from a “public authority” (a body of Government or “instrumentality of State”) which is required to reply expeditiously or within 30.
- In case of a matter involving a petitioner’s life and liberty, the information has to be provided within 48 hours.
- The Act also requires every public authority to computerize their records for wide dissemination and to proactively publish certain categories of information so that the citizens need minimum recourse to request for information formally.
What led to the introduction of RTI in India?
There has been a variety of internal and external pressures on governments to adopt RTI.
- Corruption and scandals: The crisis was brought into force due to a lack of transparency in the working of the government.
- Modernization and the Information Society: The expansion of the Internet into everyday life has increased the demand for more information by the public, businesses and civil society groups.
- International pressure: The World Bank, the IMF and others have pressed countries to adopt laws to reduce corruption and to make financial systems more accountable.
- Wider recognition of Public Interest: Public interest is a nebulous concept, not defined in any freedom of information laws, understandably so, as it is a very subjective concept.
Governing of the RTI
The Right to information in India is governed by two major bodies:
- Central Information Commission (CIC) – Chief Information commissioner who heads all the central departments and ministries- with their own public information officers (PIO)s. CICs are directly under the President of India.
- State Information Commissions (SIC)– State Public Information Officers or SPIOs head over all the state department and ministries. The SPIO office is directly under the corresponding State Governor.
State and CIC are independent bodies and CIC has no jurisdiction over the SIC.
(1) Central Information Commission
- The Commission consists of a Chief Information Commissioner and not more than ten Information Commissioners.
- At present (2019), the Commission has six Information Commissioners apart from the Chief Information Commissioner.
- They are appointed by the President on the recommendation of a committee consisting of the PM as Chairperson, the Leader of Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the PM.
- The CIC/IC shall hold office for such term as prescribed by the Central Government or until they attain the age of 65 years, whichever is earlier. They are not eligible for reappointment.
Power and functions
- It is the duty of the Commission to receive and inquire into a complaint from any person regarding information request under RTI, 2005.
- The Commission can order an inquiry into any matter if there are reasonable grounds (suo-moto power).
- While inquiring, the Commission has the powers of a civil court in respect of summoning, requiring documents etc.
(2) State Information Commission
- The Commission consists of a State Chief Information Commissioner and ten State Information Commissioners.
- They are appointed by the Governor on the recommendation of the committee consisting of the CM as Chairperson, the Leader of the Opposition in the Legislative Assembly and a state Cabinet Minister nominated by the CM.
- They should be a person of eminence in public life and should not hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession.
- Terms of service are similar to that of CIC.
Constitutional backing of the RTI
- The Indian constitution has an impressive array of basic and inalienable rights termed as fundamental rights contained in part-III.
- These include the right to equal protection of the laws and the right to equality before the law, the right to freedom of speech and expression also the right to life and personal liberty.
- Since RTI, is implicit in the Right to Freedom of Speech and Expression under Article 19 of the Indian Constitution, it is an implied FR.
- These are backed by the right to constitutional remedies that is, the right to approach the supreme court and high court under Article 32 and 226 respectively in case of infringement of any of FRs.
- The state is not only under an obligation to respect the FRs of the citizens but also equally under an obligation to ensure conditions under which the right can be exercised.
- The objective of the right to information act is to protect these constitutional rights.
Benefits of RTI
- Greater accessibility of information: A person can seek information from any public authority in the form of copies, floppy disks, sample material etc under RTI.
- Efficient governance: RTI Act helps us in knowing the efficiency of the government functioning.RTI has become a reality consistent with the objectives of having a stable, honest, transparent and efficient government.
- Citizen’s participation: Information under RTI can be sought easily by requesting the public officer and assistant public officer in any public authority.
- Government obligation: Obtaining information from any public authority is obligatory for them.
- Maintenance of public record: Under RTI Act, it is the duty of public authorities to maintain records for easy access and to publish within 120 days the name of the particular officers who should give the information and in regard to the framing of the rules, regulations etc.
- Empowerment of Citizens: Every citizen has been empowered to be informed about anything that affects their life directly or indirectly.
Limitations to the RTI
- Not an absolute right: The RTI and Right to Privacy are not absolute rights, both the rights, one of which falls under Article 19(l)(a) and the other under Article 21 can obviously be regulated, restricted and curtailed in the larger public interest.
- Subjected to restrictions: The RTI, being integral part of the right to freedom of speech, is subject to restrictions that can be imposed upon that right under Article 19 (2).
- Limitations under the rules: Rule 4 of RTI Act puts word limit (No. of words needed in different language is different to express the same idea) as 250 words. Word Limit, The Hidden power of Information Officer, is the cause of rejection of an application.
- Only information already available on record is accessible: The RTI Act provides access only to that information that existent and is available in records of the public authorities.
- Certain information may constitute contempt of court: Any information, the disclosure of which is expressly barred by any Court of law or tribunal or, which may constitute contempt of Court under the Contempt of Court Act, 1971, cannot be released.
- Information causes a breach of privilege: The Constitution of India provides some privileges to the Parliament and the State Legislature, so it is clear that such information cannot be issued by the public authority.
- Information relating to Intellectual Property and trade secrets: Any information, including commercial confidence, trade secrets or intellectual property cannot be disclosed.
Challenges in exercising RTI
- Information explosion: Different types of information is sought which has no public interest and sometimes can be used to misuse the law and harass the public authorities e.g. asking for desperate and voluminous information.
- Popular (mis)use: Some chauvinists file RTI to attain publicity. It is often used as a vindictive tool to harass or pressurize the already burdened public authorities.
- Rising cases of non-disclosure: Some provisions of Indian Evidence Act provide to hold the disclosure of documents. Similar is the case with the Official Secrets Act, 1923.
- Limited ambit of RTI: While the office of the CJI is now under the RTI’s ambit, the CBI is exempt.
- Threats to whistleblowers: There are rising cases of intimidation, threat and murders of RTI activists. There are no safeguards against the victimisation of the person who makes the complaint.
Significance of RTI
- The RTI Act, 2005 did not create a new bureaucracy for implementing the law. Instead, it tasked and mandated officials in every office to change their attitude and duty from one of secrecy to one of sharing and openness.
- RTI has been seen as the key to strengthening participatory democracy and ushering in people-centred governance.
- Access to information has empowered the poor and the weaker sections of society to demand and get information about public policies and actions, thereby leading to their welfare.
- It showed an early promise by exposing wrongdoings at high places, such as in the organisation of the Commonwealth Games, and the allocation of 2G spectrum and coal blocks.
Way Forward
It is well recognized that RTI is pathbreaking, but has not proved sufficient, to improve governance in its capacity due to various shortcomings. We need to improvise a lot on various parameters as discussed under:
- Speedy disposal: The increasing backlog of cases is exacerbated by the fact that most Commissions are functioning at reduced capacity. The government must ensure the timely appointment of chiefs and members of ICs.
- Prioritization of cases: There should be a prioritization of cases dealing with information related to life and liberty. Information regarding matters like food distribution, social security, health and other priority issues should be proactively disclosed.
- Digitalization: Governments should put in place a mechanism for online filing of RTI applications and bring all authorities under one platform.
- Reducing technicalities: The technicalities of filing an RTI application should be more simplified. The literacy rate of rural India is quite low and thus they find it quite difficult to comply with the procedural.
- Protecting whistleblowers: There is an urgent need to protect the whistle blowers who are targeted or attacked so easily. The impending bill should be passed or else an ancillary strict measure should be taken in this regard.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Mission Millets
Mains level: Mission Millets .Advantages of Millets Crop
Context
- International Year of Millets in 2023 was approved by the Food and Agriculture Organisation (FAO) in 2018 and the United Nations General Assembly has declared the year 2023 as the International Year of Millets. The Odisha Government had launched Odisha Millet Mission (OMM), which aims to bring millets back to its fields and food plates by encouraging farmers to grow the crops that traditionally formed a substantial part of the diet and crop system in tribal areas.
Importance of millets
- Nutrition rich: Millet is a good source of protein, fibre, key vitamins, and minerals. The potential health benefits of millet include protecting cardiovascular health, preventing the onset of diabetes, helping people achieve and maintain a healthy weight, and managing inflammation in the gut.Millet is fibrous in content, has magnesium, Niacin (Vitamin B3), is gluten-free and has a high protein content.
- Requires less water: Millet’s comprise a significant staple in the semiarid tropic and guarantee food and nutritional security for needy individuals, who can’t develop other food crops because of poor rainfall and soil fertility. They are profoundly nutritious and are utilized by people in the rural area.
- Requires Moderate fertile soils: They can grow in low to medium fertile soils and in areas of low rainfall. Jowar, Bajra, and Ragi are the significant Millet’s developed in India.
- Profitable crop: Millets are the good choice for farmers to achieve primary goals of Farming e.g., profit, versatility, and manageability.
- Drought resistant and sustainable: Millet’s are the ‘marvel grains’ of the future as they are drought resistant which need few external inputs. Due to its high resistance against harsh conditions, millets are sustainable to the environment, to the farmer growing it, and provide cheap and high nutrient options for all.
- Long shelf life: Nearly 40 percent of the food produced in India is wasted every year. Millets do not get destroyed easily, and some of the millets are good for consumption even after 10-12 years of growing, thus providing food security, and playing an important role in keeping a check on food wastage.
What is Odisha Millet mission (OMM) and its impact?
- Promotion of millets: OMM promotes production and consumption of seven millets. But so far, focus has been on ragi, which has accounted for 86 per cent of the total area under millets, according to data on the OMM website. In contrast, little millet, foxtail millet, sorghum, pearl millet, kodo millet and barnyard millet cover less than 13 per cent of the area.
- Non ragi millets: Mission aimed at looking for high-yielding seeds for non-ragi millets. Farmers are urged to plant some non-ragi millets
- Limited procurement: In 2020-21, the state government procured slightly more than 20 million kg of ragi. However, this accounts for only 27 per cent of the total ragi produced, as OMM procures only 500 kg of ragi per ha and leaves the rest for farmers to consume.
- Millets in diet for complete nutrition: This practice has prompted farmers to consume more millets in all seasons, shows a mid-term evaluation by NCDS in 2019-20. But given that average yield is 1,500 kg per ha, much of the produce does not get procured and farmers are forced to sell it at distressed rate. OMM officials also admit that despite ragi being distributed in PDS and as a mix through anganwadi centres in two districts, its consumption has not picked up in a significant manner.
- Diverse products of Millets: OMM also sells millet products, such as cookies, savoury snacks, vermicelli and processed millets, under a brand called “Millet Shakti” through food trucks, cafés, kiosks and other outlets.
- Food processing chain using SHGs: Women self-help groups (SHGs) have been kept at the centre of the programme. They do not just pay a major role in manufacturing biological inputs to improve millet yields and undertake processing of the produce, but also operate the millet-based cafés and outlets.The full potential of SHGs, though, has not yet been realised. So far, only three women’s SHGs manufacture and process Millet Shakti products, which limits the volume available, income generated, and consumption.
- Market linkage by FPOs: OMM also leverages farmer-producer organisations (FPOs) to provide better marketing linkages. Until now, OMM has tapped into existing FPOs to sell processed millets in the open market or aggregate produce for Tribal Development Co-operative Corporation of Odisha Limited; if a block does not have an FPO, an SHG or community group is registered as one.
- Current status of FPO’S: Currently, there are 76 FPOs under OMM. But some of them are engaged only in minor processing and aggregation, without plans of scaling up market linkages. Encouraging FPOs with better incentives and benefit-sharing will help them compete in the market
What are other government efforts to promote millet crops?
- Smart food campaign: Smart Food with the tagline ‘good for you, good for the planet and good for the smallholder farmer’ is an initiative that will initially focus on popularising millets, and sorghum and has been selected by LAUNCH Food as one of the winning innovations for 2017.
- Popularising the millets: Smart Food will be taken forward as a partnership and many organisations have already teamed up to popularise millets. In India, this includes Indian Institute of Millet Research (IIMR), National Institute of Nutrition (NIN), MS Swaminathan Research Foundation (MSSRF) and Self-Employed Women’s Association (SEWA).
Conclusion
- One way to double farm incomes and encourage farm diversification is to make millet production attractive by introducing millet cultivation in areas where farmers’ distress is visible.Dedicated programmes with proper training and capacity-building initiatives that urge farmers to move away from loss-making crops toward diversification via millets can be a timely method to pull farmers away from the region’s distress.
Mains Question
Q.why millets cultivation is suitable for geographic conditions of India? Analyse the various efforts by government to promote the millets.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Space technology Developments
Mains level: Space,Space security and Sustainability.
Context
- World Space Week this year is themed around ‘Space and Sustainability’. Among other things, the 2022 theme seeks to specifically inspire focus on the challenges the world faces to keep space safe and sustainable.
What is mean by Space?
- Space is an almost perfect vacuum, nearly void of matter and with extremely low pressure. In space, sound doesn’t carry because there aren’t molecules close enough together to transmit sound between them. Not quite empty, bits of gas, dust and other matter floats around “emptier” areas of the universe, while more crowded regions can host planets, stars and galaxies.
- From our Earth-bound perspective, outer space is most often thought to begin about 62 miles (100 kilometers) above sea level at what is known as the Kármán line. This is an imaginary boundary at an altitude where there is no appreciable air to breathe or scatter light. Passing this altitude, blue starts to give way to black because oxygen molecules are not in enough abundance to make the sky blue.
What is mean by Space sustainability?
- Space sustainability is ensuring that all humanity can continue to use outer space for peaceful purposes and socioeconomic benefit now and in the long term. This will require international cooperation, discussion, and agreements designed to ensure that outer space is safe, secure, and peaceful.
What necessitate the sustainable space technology debate?
- Mounting challenge of Space debris: Challenges are endless in both quantitative and qualitative terms, i.e., they are several and severe, ranging from satellite crowding and collision risk to space debris in the Low Earth Orbit (LEO).
- Ever increasing satellites: The sense of urgency around space sustainability is already skyrocketing—more than 80 countries currently contribute to the over 6,800 active satellites in orbit, of which many are used for both civilian and military purposes, as well as over 30,000 pieces of orbital debris.
- Militarization of space: Given the development of new and emerging space technologies, the rapid militarisation and securitisation of space, and the growing distrust amongst nations in the domain, space activity is only set to increase and acquire a more national security-oriented focus.
- Large scale Development of ASAT: This is already visible in several countries around the world. There has been a recent uptick in the development and testing of destructive anti-satellite (ASAT) weapons, with 26 tests in the past two decades conducted by the four countries that have access to these weapons (US, Russia, China, and India).
- Massive investment into military space capability: France, which is currently leading the European Council, has also invested several billion euros into military space capabilities, and regularly emphasises the security importance of space for other EU countries.
- Increasing Defence space commands: Australia set up its Defence Space Command in early 2022 to increase its strategic potential in space, and South Korea deployed a spy satellite to better monitor North Korea in June 2022, giving its military space plan a huge push.
- However, none of these countries have a sustainability provision in their defence space operations or programmes.
- Dichotomy in Security and sustainability: Sustainability and security are two sides of the same coin, but as a result of this inherent dichotomy, they are often juxtaposed against each other.
- Keeping Security is the priority: The contrast between highly motivated and funded national security efforts and the relatively non-prioritised international engagements around space sustainability is an example of a larger trend of indifference towards sustainable development in favour of higher military spending.
- SDG on backburner: To substantiate this point, funding for the Sustainable Development Goals (SDGs) was adversely affected due to COVID-19 in 2021, and this reportedly dramatically pushed back progress on the SDGs, but the global military expenditure has consistently been on an upward incline and crossed the US$2 trillion mark for the first time in the same year.
- Securitization of space: The trade-off between security and sustainability can jeopardise sustainable development within a plethora of issue domains, thus, increasing the likelihood of exhausting limited resources. This in turn could exacerbate the risk of conflict due to the resulting scarce resources, ultimately creating a vicious cycle of securitisation and conflict.
- Rat race in Space : As a case in point, the incumbent space race has always been marked by competing security and commercial interests, which has resulted in a constant escalation of global government spending on space programmes to its record value of US$98 billion in 2021. Space sustainability, on the other hand, has only seen activity recently, and primarily in an international and voluntary set-up.
What regulations are needed for Sustainable Space?
- Prioritising peaceful use of space: A Working Group on the Long-term Sustainability of Outer Space Activities was set up by the Committee on the Peaceful Uses of Outer Space (COPUOS) in 2010, which has 95 UN member states taking part in it. The Group adopted a set of guidelines by consensus in 2019, although it failed to make these guidelines or any other regulations legally binding. It agreed to work over it for 5 years from 2022 onwards, but since the Group uses a consensus-based approach to reach agreements, it is difficult to expect more stringent or extensive regulatory frameworks to emerge from it.
- Consensus is difficult but necessary: Consensus-based approaches in multilateral forums, especially related to arms or other security objectives, often contrast with individual national security interests of its member states and have been criticised for their slow or ineffective progress.
- Convention on Certain Conventional Weapons: Another example of this is the Convention on Certain Conventional Weapons’ (CCW) Group of Government Experts (GGE) meetings on lethal autonomous weapons systems (LAWS), which have only produced a set of 11 non-binding guiding principles since deliberations around LAWS began in 2014.
- Space sustainable ratings should be developed: The World Economic Forum, for instance, introduced a new standard called the Space Sustainability Rating (SSR), in 2022, which aims to recognise, reward, and encourage space actors to design and implement sustainable and responsible space missions. It remains to be seen whether countries will respond favourably to tools like the SSR, which are based on a positive reinforcement model, to be more space sustainability-conscious.
Conclusion
- space sustainability is only at the cusp of becoming actionable. When space experts, intergovernmental organisations, or countries themselves conclude that sustainability should be a part of their space mandate, and when they devise possible methods to help achieve this, they cannot do so in a vacuum. Space sustainability should not become the political football like climate change.
Mains Question
Q.What are the threats to sustainable space technology? Comment on various laws, regulations, forums on sustainable space technology.
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From UPSC perspective, the following things are important :
Prelims level: Holistic decriminalisation Bill
Mains level: Holistic decriminalisation Bill ,advantages and MSME's,Ease of doing business
Context
- The government’s proposal to bring a “holistic decriminalisation” bill in the Winter Session of Parliament, If gets enacted into law, it will be one of India’s greatest reforms since 1991. One of the objectives of this proposed law is to “end harassment and reduce compliance burden on businesses.
What is Holistic decriminalisation Bill?
- A new holistic decriminalisation bill is set to amend burdensome provisions in laws related to businesses.
- Union Minister of Commerce and Industry, Piyush Goyal said that the Decriminalising sections of various laws will end the harassment faced by businesses and reduce compliance burden. Seeking quick industry feedback on problematic areas that can be covered in the proposed Bill.
What is the status of existing laws in India?
- Burden of Imprisonment clauses: Business regulatory universe comprises 1,536 laws, of which more than half, or 843 laws, carry imprisonment clauses. Under these laws, there are 69,233 compliances businesses face as an aggregate, of which almost two out of five, or 26,134, carry imprisonment clauses.
- Union and state legislations on the compliance: Of the 843 laws with imprisonment clauses, 28.9 percent, or 244 laws, have been enacted by Parliament; the rest by State legislatures and rules. Of the 26,134 compliances that carry imprisonment clauses, a fifth, or 5,239 clauses are situated in Union laws.
- No institutional support for informal sector: Of the 69 million enterprises in India, only 1 million are formal employers; as a result, the remaining informal enterprises get no access to institutional capital, talent, or supply chains.
- Smaller the better attitude: India’s predatory and rent-seeking policy infrastructure ensures that businesses choose to remain under the regulatory radar—small may not be beautiful but it is certainly safe. For instance, a small business with 150 employees or more has to deal with 500 to 900 compliances a year, on which it can end up spending up to INR 12-18 lakhs by hiring consultants to be compliant with labour laws, taxes, factories, and so on.
- Burden of compliance is cost-effective: Creating a regulatory bias against small businesses once a line of scale is crossed, managing a compliance department becomes cost-effective; until then, for the small business owner-manager, compliances becomes a risk-management strategy, almost an economic activity.
Why such reforms in business laws are necessary?
- To attract more investment: When viewed through the lens of the government’s intention to make India an investment destination for global and domestic capital, it would be a reform that should end the endemic of harassment, corruption, and rent-seeking by officials of the Union government.
- To end corruption at state level: Corruption by officials of state governments will end when criminal provisions in State laws and rules get similarly rationalised; some of these will get rationalised with amendments to Union laws that are enforced by state governments.
- Encouraging the entrepreneurial spirit: Regulatory framework is cumulative policy actions of the three arms of the State the executive, the legislature, and the judiciary using instruments of legislations, rules, regulations, or orders, to create or raise barriers to a smooth flow of ideas, organisation, money, and, most importantly, the flow of the entrepreneurial spirit.
What are the recommendations for Holistic decriminalization?
- Amend the overreaching laws: Reform all compliances with overarching legislation, across ministries and departments. Smaller steps being taken to ease doing business in India, such as shifting the responsibility under the Legal Metrology Rules from directors to executives, should converge into this single bill.
- There should be Justifiable imprisonment: Use criminal penalties in business laws with extreme restraint the idea of using a criminal clause as a default option should be done away with and replaced by a justification for imprisonment, including the term in jail.
- Ending the criminalisation: End the criminalisation of all compliance procedures such as filing on a wrong form or mislabelling.
- Introducing new laws: Introduce sunset clauses for all imprisonment clauses this needs a new enabling law as a precursor.
- Bringing extensive Digitisation: Digitise all compliance filings, as has been done by the income tax department.
- Focus on paperless work: Convert every department that acts as a regulatory body to go paperless and faceless. This should look beyond merely creating a website and uploading records. This will enable automated record reconciliation, identify leakages, detect frauds, and flag discrepancies.
- More such steps in the right direction: By reducing the compliance burden such that it ends harassment, the government is moving in the right direction. To prevent any policy holes left after the passage of the bill into an act, this is a law that needs to be studied hard, debated well, and only then enacted. Of course, there will be political opposition. It is up to the government to ignore the rhetoric and embrace the solutions for the greater good of the country.
Conclusion
- The country is getting ready for third-generation reforms. Among them are reforms that rationalise compliances and imprisonment clauses—retain a handful, reduce or remove most, compound the rest and turn physical imprisonment into financial penalties. The Inspector Raj, expressed through the colonial, corrupt, and rent-seeking policy infrastructure, must be disassembled and jobs, wealth, and large enterprises created.
Mains Question
Q. Why current industrial policy and laws are causing the harassment of entreprenuers? Discuss the reforms needed in the light of proposed “ Holistic Discrimination” Bill.
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From UPSC perspective, the following things are important :
Prelims level: Appointment of CJI
Mains level: Issue of Tenure of CJI
Chief Justice of India U.U. Lalit nominated Justice D.Y. Chandrachud as his successor. He will be 50th CJI.
How is CJI selected?
- Justice U.U. Lalit is the senior-most judge in the Supreme Court now.
- The ‘Memorandum of Procedure of Appointment of Supreme Court Judges’ says “appointment to the office of the CJI should be of the seniormost Judge of the SC considered fit to hold the office”.
- The process begins with the Union Law Minister seeking the recommendation of the outgoing CJI about the next appointment.
What is the time frame?
- The Minister has to seek the CJI’s recommendation at the “appropriate time”.
- The Memorandum does NOT elaborate or specify a timeline.
Making final appointment
The Memorandum says:
- Receipt of the recommendation of the CJI
- The Union Minister of Law, Justice and Company Affairs will put up the recommendation to the PM
- PM will advise the President in the matter of appointment
- The President of India appoints the CJI
Chief Justice of India: A brief background
- The CJI is the chief judge of the Supreme Court of India as well as the highest-ranking officer of the Indian federal judiciary.
Appointment
- The Constitution of India grants power to the President to nominate, and with the advice and consent of the Parliament, appoint a chief justice, who serves until they reach the age of 65 or until removed by impeachment.
- Earlier, it was a convention to appoint seniormost judges.
- However, this has been broken twice. In 1973, Justice A. N. Ray was appointed superseding 3 senior judges.
- Also, in 1977 Justice Mirza Hameedullah Beg was appointed as the chief justice superseding Justice Hans Raj Khanna.
Qualifications
The Indian Constitution says in Article 124 (3) that in order to be appointed as a judge in the Supreme Court of India, the person has to fit in the following criteria:
- He/She is a citizen of India and
- has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or
- has been for at least ten years an advocate of a High Court or of two or more such Courts in succession; or
- is, in the opinion of the President, a distinguished jurist
Functions
- As head of the Supreme Court, the CJI is responsible for the allocation of cases and appointment of constitutional benches which deal with important matters of law.
- In accordance with Article 145 of the Constitution and the Supreme Court Rules of Procedure of 1966, the chief justice allocates all work to the other judges.
On the administrative side, the CJI carries out the following functions:
- maintenance of the roster; appointment of court officials and general and miscellaneous matters relating to the supervision and functioning of the Supreme Court
Removal
- Article 124(4) of the Constitution lays down the procedure for removal of a judge of the Supreme Court which is applicable to chief justices as well.
- Once appointed, the chief justice remains in the office until the age of 65 years. He can be removed only through a process of removal by Parliament as follows:
- He/She can be removed by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present.
- The voting has been presented to the President in the same session for such removal on the ground of proven misbehavior or incapacity.
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From UPSC perspective, the following things are important :
Prelims level: Swiss Banks
Mains level: Black Money Issue
India has received the fourth set of Swiss Bank account details of its nationals and organizations as part of annual information exchange, under which Switzerland has shared particulars of nearly 34 lakh financial accounts with 101 countries.
How India gets such information?
Ans. Automatic Exchange of Information (AEOI) Agreement
- In an effort to bring in transparency and restrict money laundering, the Swiss Federal Office gives a detailed account of the massive AEOI exchange.
- This is the fourth tranche of information that India has received from Switzerland since the two countries entered into an Automatic Exchange of Information (AEOI) agreement in January 2018.
- The first such exchange with India took place in 2019.
- Some countries which have been added to the Swiss AEOI list for the first time are Turkey, Peru and Nigeria.
- The Swiss Federal Tax Administration office has also informed that with 74 of these 101 countries, the information exchange was reciprocal.
What is the volume, nature of data?
- In 2019, prior to India receiving its first batch of banking information via the AEOI, India would be among 73 countries that would be receiving the data.
- In India’s case “several dispatches” would be required, giving an indication of the large volume of account holders.
Guidelines for exchange of such sensitive banking information
- The guidelines and parameters for the AEOI are set by the OECD (Organisation for Economic Co-operation and Development), the Paris-based international body.
- The annual exercise of AEOI exchange, such as the current Swiss bonanza of banking details, is strictly meant for “tax only” purposes and in India.
- This data is kept in the custody of and for action by the Central Board of Direct Taxes (CBDT).
- Under the OECD’s guidelines, details of the quantum of funds or the names of account holders cannot be publicised.
What is the scope of India’s AEOI network?
- Under the OECD umbrella of AEOI, India presently shares bulk financial and banking information with 78 countries.
- It receives the same from 107 countries, with Switzerland known to be sharing some of the most voluminous data.
Institutional mechanism in India
- Primarily to the large volume of FI data coming in from now a 100 countries, the CBDT last year set up a network of Foreign Asset Investigation Units (FAIUs) in 14 of its investigation wings.
- The information of a region which has reached India via the AEOI route is transmitted in a secure manner.
- It is the FAIUs that do the follow-up probe of the such data, and to begin with, investigate whether the taxpayer has declared the foreign bank account/s in tax returns or not.
Why do people park their money in Swiss Banks?
- As wealth became easily mobile across international borders, the safety and stability of Swiss banks, located in a peaceful country presented an irresistible attraction for the super-rich.
- Switzerland itself is a politically neutral country.
- Swiss bank accounts are attractive to depositors because they combine low levels of risk with very high levels of privacy.
- The Swiss economy is extremely stable, and the banks are run at very high levels of professionalism.
- Opening an account is not difficult, and requires not much more than basic KYC, including a proof of identity such as a passport.
Question of Black Money
- “Black money” allegedly stashed away by Indians in Swiss banks is a political issue in India.
- Leaders and political functionaries have often made promises to “bring it back” and credit 15 Lakh Rupees in every Indian’s account.
- Swiss authorities have maintained that they cooperate with the Indian government to fight tax evasion and fraud.
Also read:
What are Swiss Banks?
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Israeli region for mapping
Mains level: Not Much
Israel has reached a US-brokered agreement with Lebanon to settle their long-disputed maritime border. This has been seen as a historic deal.
Israel-Lebanon Boundary Issue
- The draft agreement aims to settle Israel and Lebanon’s competing claims over offshore gas fields in the region.
- A major source of friction was the Karish gas field, which Israel insisted fell entirely within its waters and was not a subject of negotiation.
- The issue is a little over a decade old, after the two countries declared overlapping boundaries in 2011 in the Mediterranean Sea.
- Since both countries have been technically at war, the United Nations was asked to mediate.
- The issue gained significance after Israel discovered two gas fields off its coast a decade ago, which experts had believed could help turn it into an energy exporter.
Key terms of the Agreement
- The agreement seeks to resolve a territorial dispute in the eastern Mediterranean Sea, in an area that Lebanon wants to explore for natural gas.
- The gas field in question is located on the maritime boundary between the two countries and this agreement would allow both countries to get royalties from the gas.
- It also sets a border between the maritime waters of Lebanon and Israel for the first time.
Why is this agreement signed?
- Averting terror threats: The agreement is expected to avert the immediate threat of conflict between Israel and Hezbollah militants in Lebanon, after fears of escalation if negotiations fell apart.
- Energy exploitation: The agreement will create new sources of energy and income for both countries, particularly important for Lebanon, which is facing a crippling energy and financial crises.
- Alternative energy for Europe: It could also have a potentially wider impact: it would likely provide Europe with a potential new source of gas amid energy shortages caused by the Russian invasion of Ukraine.
What the agreement does not address?
Ans. Blue Line Issue
- The agreement does not touch on the shared land border between Israel and Lebanon, which is still disputed, but where both countries are committed to a ceasefire.
- This border is also called the Blue Line, a boundary that was drawn up by the UN after Israel withdrew from southern Lebanon in 2000.
- This land border is currently patrolled by the United Nations forces.
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From UPSC perspective, the following things are important :
Prelims level: World Geospatial Information Congress (UNWGIC)
Mains level: Geospatial technology
PM has inaugurated the second United Nations World Geospatial Information Congress (UNWGIC) in Hyderabad.
What is UNWGIC?
- The first United Nations World Geospatial Information Congress was held in Deqing, Zhejiang Province, China in 2018.
- The United Nation Committee of Experts on Global Geospatial Information Management (UN-GGIM) organizes the UNWGIC every four years.
- It is hosted by the Ministry of Science and Technology of the Government of India.
- The objectives are enhancing international collaboration among the Member States and relevant stakeholders in Geospatial information management and capacities.
- The theme of UNWGIC 2022 is ‘Geo-Enabling the Global Village: No one should be left behind’.
Objectives of UNWGIC
- The move aims to provide high-quality and trustworthy geospatial data to support global and national policy agendas.
- It also stresses international cooperation and coordination in the development of human data linked to geography.
- It promotes societal development and well-being, addresses environmental and climate challenges, and embraces digital transformation and technological advancement.
Why collaborate on geospatial technology?
- Geospatial technology can be used to create intelligent maps and models which help to collect geographically referenced data.
- Decisions based on the value and importance of resources, most of which are limited, can become easy through geospatial technology.
- Intelligent maps and models can be created using geospatial technology.
- It can be used to reveal spatial patterns hidden in large amounts of data that are complex to access collectively through mapping.
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