Note4Students
From UPSC perspective, the following things are important :
Prelims level: Andaman and Nicobar Command and framwework
Mains level: India's maritime security and the strategic potential of the Andaman and Nicobar Islands
Central Idea
- China’s aggressive construction of artificial islands in the South China Sea highlights the strategic significance of India’s Andaman and Nicobar (A&N) Islands. These islands provide India with a unique opportunity to project power, safeguard its interests, and exert influence in the region. However, there is an urgent need to reinforce the Andaman and Nicobar Command (ANC) and recognize its potential in the evolving Indo-Pacific security landscape.
All you need to about Andaman and Nicobar Command (ANC)
- The Andaman and Nicobar Command (ANC) is a unified military command of the Indian Armed Forces. It brings together the three branches of the Indian Armed Forces, the Army, Navy, and Air Force along with the Coast Guard, under the command of a designated Commander-in-Chief, Andaman and Nicobar (CINCAN).
- It was established on October 1, 2001, and is responsible for the defense and security of the Andaman and Nicobar Islands, which are strategically located in the Bay of Bengal.
- The ANC plays a significant role in regional security in the Indo-Pacific and contributes to joint military exercises and collaborations with partner countries.
- It serves as a model for jointness and integration in India’s military structure, promoting coordination, interoperability, and efficiency in operations.
China’s rapid construction of artificial islands in the South China Sea and concerns for India
- Security Threat: China’s militarization of these islands, including the deployment of military infrastructure and guided-missile batteries, poses a direct security threat to India. It enables China to extend its defensive perimeter and project power in the region, potentially affecting India’s strategic interests.
- Maritime Domain Awareness: China’s island-building campaign allows it to enhance its maritime domain awareness by monitoring and controlling the sea routes in the South China Sea. This could potentially impact India’s freedom of navigation and its ability to operate in the region.
- Regional Power Projection: China’s presence in the South China Sea, coupled with its growing military capabilities, challenges the balance of power in the Indo-Pacific region. This has implications for India’s security calculus, as it seeks to maintain a favorable regional environment and protect its interests.
- Geopolitical Influence: China’s assertive actions in the South China Sea have regional and global geopolitical implications. It allows China to expand its influence in the Indo-Pacific, potentially impacting India’s relationships with other countries in the region.
- Disputed Territory: China’s island-building activities in the South China Sea involve disputed territorial claims with other countries in the region, including India’s close partner, Vietnam. These disputes raise the risk of potential conflicts and heighten regional tensions
Facts for prelims: Geography of Andaman and Nicobar Islands (ANI)
| Aspect |
Information |
| Location |
Located between 6° and 14° North Latitude and 92° and 94° East Longitude, the Andaman and Nicobar Islands are a union territory in India. |
| Two groups of Islands |
The islands north of 10° north latitude are known as Andaman, while the islands south of 10° north latitude are called Nicobar. |
| The Andamans |
The Andamans consist of more than 300 islands, with North, Middle, and South Andaman, collectively known as Great Andaman, being the main islands. |
| The 10-degree channel |
The 10-degree channel, approximately 145 km long, separates Little Andaman in the south from the Nicobar Islands. |
| The Nicobars |
The Nicobars consist of 19 islands, including Car Nicobar in the north and Great Nicobar in the south. The northwestern tip of Sumatra, Indonesia, is located about 90 miles southwest of Great Nicobar. |
| Formation |
Both the Andaman and Nicobar groups are formed by above-sea extensions of submarine ridges of mountains and are part of a great island arc. The highest peaks include Saddle Peak on North Andaman, Mount Thullier on Great Nicobar, and Mount Harriet on South Andaman. |
| Andaman Terrain |
The terrain of the Andamans is rough, with hills and narrow longitudinal valleys, formed of sandstone, limestone, and shale of Cenozoic age. Flat land is limited to a few valleys. |
| Nicobar Terrain |
The terrain of the Nicobar islands is diverse, ranging from flat coral-covered surfaces with offshore coral formations on islands like Car Nicobar to hilly regions with fast-flowing streams on islands like Great Nicobar. |
| Fresh Water |
Great Nicobar is the only island in the territory with a significant amount of fresh surface water. |
| Climate |
The climate of the Andaman and Nicobar Islands is tropical but moderated by the sea. |
The Importance of Strengthening ANC
- Comprehensive Maritime Domain Awareness: The ANC must have enhanced capabilities to monitor and defend India’s territorial waters, airspace, and exclusive economic zone. It should focus on advanced surveillance systems and establish an air defense identification zone (ADIZ) over the islands.
- Defense against Military Intrusions: The ANC needs increased force levels and firepower to deter potential military incursions and protect the archipelago from hostile elements.
- Tracking and Interdicting Hostile Forces: Strengthening the ANC’s capabilities to track and neutralize hostile ships and submarines is essential for maintaining maritime security.
- Rapid Reaction Force: The command should be equipped to deploy a rapid reaction force promptly through airlift or sealift, ensuring swift response to emerging threats
Quad and Malabar exercises to balance China’s growing influence in the region
- Quad Coordination: The Quad, comprising India, the US, Japan, and Australia, should take decisive steps to counter China’s aggression. Establishing a Quad secretariat in Port Blair could serve as a hub for naval coordination and cooperation.
- Multinational Operations: The Quad navies, with their growing interoperability, should expand their joint operations beyond exercises. Engaging in non-traditional activities such as disaster relief, humanitarian assistance, and maritime security operations would reinforce regional stability and dissuade potential hegemons.
Conclusion
- To maximize the strategic potential of the Andaman and Nicobar Islands and ensure a robust presence in the Bay of Bengal, it is imperative to strengthen and retain the ANC as an independent joint command. By bolstering its capabilities and leveraging partnerships like the Quad, India can secure its maritime interests and actively contribute to a stable Indo-Pacific region. The ANC has the potential to be a vital asset in the ongoing Indo-Pacific “Great Game.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Global Solutions Summit
Mains level: Global economic and political divisions, Needs for new economic paradigm
Central Idea
- In the pursuit of communal and caste politics, India’s focus on the economy has been overshadowed. However, the growing divide among classes is silently reshaping the Indian electorate, with more than 50% of the population being left behind by economic growth. It is essential to address the economic concerns of all citizens, regardless of caste and religion, and embrace a new paradigm of economics.
The Global Solutions Summit
- Global Solutions Summit, 2023 held at Berlin.
- The theme at the Global Solutions Summit this year, was a new paradigm for the economy.
- Its backdrop was the rising tensions in the east between the United States and China, and the war in the west between the North Atlantic Treaty Organization (NATO) and Russia
- The dominant G-7 countries, representing only 15% of the world’s population, exert undemocratic pressure on other nations, raising concerns about global democracy.
- The think tanks of the G-20 and other countries at the summit called attention to global problems of climate change, increasing economic inequalities within and among countries, and the effects of the financial and trade sanctions imposed by the most powerful nation, which are affecting the other 85% most of all.
Prevalence of Political and economic divisions in societies worldwide
Political Divisions
- Ideological divisions: Political ideologies such as conservatism, liberalism, socialism, and populism can create stark divisions in society, with contrasting views on the role of government, individual rights, and social policies.
- Partisan politics: Political parties and their supporters often exhibit deep divisions, especially during elections and policy debates, based on party affiliations, policy preferences, and competing interests.
- Identity politics: Divisions along the lines of race, ethnicity, religion, gender, and other social identities can shape political landscapes, with groups advocating for their specific interests and rights.
- Regional disparities: Regional differences in economic development, cultural norms, and historical grievances can lead to political divisions, with demands for greater autonomy or regional representation.
Economic Divisions
- Income inequality: The unequal distribution of wealth and income can create divisions between the rich and the poor, with implications for access to resources, opportunities, and social mobility.
- Urban-rural divide: Disparities between urban and rural areas in terms of economic opportunities, infrastructure, and public services can lead to economic divisions and political differences.
- Global economic disparities: The divide between developed and developing countries, as well as within countries, contributes to economic divisions, with implications for trade, investment, and development policies.
- Labour market divisions: Differences in employment opportunities, wages, and working conditions can create divisions between different sectors of the economy, such as skilled and unskilled workers or formal and informal sectors.
Evolution of Economic Systems
- Traditional Economy: In traditional economies, production is based on customs, traditions, and barter systems. It typically revolves around subsistence agriculture, hunting, gathering, and small-scale artisanal activities. This system is prevalent in agrarian and indigenous societies.
- Command Economy: Command economies emerged with the rise of centralized governments and planned economies. The state assumes control over the means of production, distribution, and resource allocation. Central planning and government directives determine economic activities and resource allocation. The Soviet Union under communism is an example of a command economy.
- Market Economy: Market economies are characterized by decentralized decision-making and the interaction of supply and demand forces in determining prices, resource allocation, and production decisions. Private ownership of property, individual freedom, and competition play crucial roles. Free-market capitalism, as advocated by Adam Smith, is a key model of a market economy.
- Mixed Economy: Most modern economies are mixed economies that combine elements of both market and command systems. In a mixed economy, the government intervenes to regulate markets, provide public goods and services, and address market failures. The extent of government intervention varies across countries and can range from social welfare programs to industrial regulations.
- Socialist Economy: Socialist economies emphasize social ownership and collective decision-making in economic activities. The means of production are typically owned by the state or workers’ collectives. The aim is to reduce inequality and ensure equitable distribution of resources. Examples include the former Soviet Union and China under Mao Zedong.
- Market Socialism: Market socialism blends elements of market economies with socialist principles. It allows for private ownership and market mechanisms but aims to maintain social equity through state intervention, wealth redistribution, and public ownership of key industries. Some Scandinavian countries, such as Sweden and Norway, incorporate aspects of market socialism.
- Post-Industrial Economy: The post-industrial economy is characterized by a shift from manufacturing and heavy industry to service-based industries, information technology, and knowledge-based sectors. It is driven by innovation, technological advancements, and the growing importance of intellectual capital.
Need to reform the GDP-centric model
- Inadequate Measure of Well-being: GDP (Gross Domestic Product) measures the monetary value of all final goods and services produced within a country’s borders. However, it fails to capture important aspects of well-being, such as the distribution of wealth, social indicators, environmental sustainability, and quality of life.
- Overemphasis on Economic Growth: The GDP-centric model places excessive focus on economic growth as the primary indicator of success. While economic growth is important, it should not be the sole measure of a nation’s progress.
- Ignoring Income Inequality: GDP growth does not necessarily translate into equitable distribution of wealth and income. It often perpetuates income inequalities, as the benefits of growth may disproportionately accrue to a few privileged individuals or groups.
- Unsustainable Resource Consumption: The GDP-centric model often encourages unsustainable patterns of resource consumption and production. It fails to account for the environmental costs and depletion of natural resources associated with economic activities.
- Neglecting Non-Monetary Factors: The GDP-centric approach overlooks non-monetary factors that contribute to overall well-being, such as health, education, social capital, cultural heritage, and quality of life. These factors are critical for human development and should be considered alongside economic indicators to provide a comprehensive assessment of progress.
- Inaccurate Reflection of Informal Economy: The GDP-centric model struggles to capture the contributions of the informal economy, which often represents a significant portion of economic activity in many countries. Informal sector workers and their economic contributions remain largely unaccounted for in traditional GDP calculations.
- Need for Alternative Metrics: There is a growing need for alternative metrics and indicators that capture a broader range of factors affecting well-being, such as the Human Development Index (HDI), Genuine Progress Indicator (GPI), Sustainable Development Goals (SDGs), and well-being indices. These metrics consider social, environmental, and economic dimensions to provide a more holistic understanding of progress.
Need for a New Economic Paradigm in India
- Rising Inequality: India faces significant income and wealth inequalities, with a large portion of the population left behind by economic growth. The current economic system has failed to adequately address these inequalities and provide equal opportunities for all citizens.
- Unemployment and Job Creation: India has been grappling with high unemployment rates and a lack of sufficient job opportunities, especially for its burgeoning youth population. The existing economic model needs to be reimagined to prioritize job creation, skill development, and entrepreneurship to harness the demographic dividend effectively.
- Sustainable Development: Environmental degradation, climate change, and resource depletion are pressing challenges for India. A new economic paradigm should prioritize sustainability and integrate environmental considerations into economic decision-making.
- Social Welfare and Human Development: While economic growth is essential, it must be accompanied by investments in social welfare and human development. Access to quality education, healthcare, housing, and social security are critical for the well-being of citizens. A new economic paradigm should prioritize human development indicators alongside economic indicators to ensure the holistic development of the population.
- Agricultural Distress: India’s agricultural sector faces various challenges, including farmer distress, low productivity, and lack of market access. The new economic paradigm should address these issues by promoting sustainable agriculture, improving rural infrastructure, enhancing farmers’ income, and ensuring food security.
- Digital Transformation and Innovation: India is experiencing a digital revolution, with rapid technological advancements and a growing digital economy. The new economic paradigm should leverage the potential of digital transformation and innovation to drive inclusive growth, improve governance, and enhance competitiveness in the global economy.
- Governance and Transparency: Enhancing governance, promoting transparency, and curbing corruption are essential for sustainable economic development.
Conclusion
- India urgently needs a new economic paradigm that addresses the concerns of its citizens. The focus should shift towards inclusivity and social justice, rather than perpetuating economic inequalities. Reforms must prioritize the well-being of all, and economists should revaluate their current models to create a more equitable and sustainable future for India.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: ordinance making powers and related constitutional provisions and procedure
Mains level: Questionable constitutionality of the ordinance and the scope of court's verdicts
Central Idea
- The recent promulgation of The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 by the President of India has sparked a debate concerning the scope of the Supreme Court’s verdict and the constitutionality of the ordinance.
Court’s Verdict and interpretations
- In interpreting Article 239AA(3)(a), the Court ruled:
- It determined that the Legislative Assembly of the NCT Delhi has the authority with the exception
- The Court clarified that the executive power of the NCTD is co-extensive with its legislative power, encompassing all matters within its legislative jurisdiction.
- It established that the Union of India has executive power over three entries in List II, which the NCTD does not have legislative competence
- Court’s verdict: Based on these interpretations, the Court concluded that the executive power over services falls exclusively under the Government of the NCTD. This interpretation aligns with the language of Article 239AA(3)(a) of the Constitution.
- However, the subsequent ordinance promulgated by the President on May 19, through the exercise of legislative power under Article 123, expanded the scope of excepted matters in Article 239AA(3)(a).
Facts for prelims
| Article |
Description |
| Article 123 |
Empowers the President to issue ordinances during Parliament’s recess. |
| Article 239 |
Deals with the administration of Union Territories. |
| Article 239A |
Provides for the creation of a Legislative Assembly for the Union Territory of Delhi. |
| Article 239AA |
Contains special provisions for the Union Territory of Delhi, including the establishment of a Legislative Assembly and governance structure. |
| Article 368 |
Outlines the procedure for amending the Constitution. |
| Article 144 |
Deals with the binding nature of the Supreme Court’s judgments on all courts and authorities in India. |
| Article 213 |
Empowers the Governor of a state to promulgate ordinances during the recess of the state legislature. |
Why the constitutionality of the ordinance in this regard is highly questionable?
- Bypassing the constitutional amendment process: The ordinance expanded the scope of excepted matters in Article 239AA(3)(a). However, such an expansion would require a constitutional amendment under Article 368. By utilizing Article 123, which grants legislative power during the period of Parliament’s recess, instead of following the constitutional amendment process, the ordinance may be considered unconstitutional.
- Limits of legislative power: The power conferred on Parliament under Article 239AA(3)(b) is to make fresh laws, not to directly amend Article 239AA(3)(a) of the Constitution. Therefore, altering the scope of Article 239AA(3)(a) would require a constitutional amendment under Article 368.
- Colorable exercise of power: By expanding the scope of excepted matters without amending the Constitution through the appropriate procedure, the ordinance may be seen as a colorable exercise of power. It is essential to adhere to the constitutional amendment process to ensure the validity and legitimacy of legislative actions.
Implications of the Court’s Judgment
- Binding nature: When a Constitution Bench of the Supreme Court declares or interprets the law, its decision becomes binding on all courts and authorities in India according to Articles 141 and 144, respectively. The Court’s interpretation of Article 239AA(3)(a), which affirmed the exclusive executive power of the Government of the National Capital Territory of Delhi (NCTD) over services, is legally binding on all courts and authorities. This means that the government and other entities must adhere to this interpretation.
- Limits on executive power: The Court’s verdict clarified the extent of executive power held by the NCTD and the Union of India. This delineation of executive power sets clear boundaries and ensures a proper division of responsibilities between the NCTD and the Union government.
- Requirement of constitutional amendment: The Court’s verdict highlighted the need for a constitutional amendment to alter the scope of Article 239AA(3)(a) and expanding the exceptions in Article 239AA(3)(a) would require a constitutional amendment under Article 368. This reaffirms the importance of adhering to the constitutional amendment process to ensure the integrity and legitimacy of any changes made to the Constitution.
- Questioning the validity of the ordinance: The Court’s judgment raises questions about the validity of the subsequent ordinance promulgated by the President. The ordinance, which expanded the scope of excepted matters in Article 239AA(3)(a), may be deemed unconstitutional.
Conclusion
- The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 raises constitutional concerns. Its expansion of excepted matters without a constitutional amendment is likely to be struck down. The ordinance is void ab initio and represents a colorable exercise of power. Only Parliament, through proper amendment procedures, can alter the scope of Article 239AA(3)(a).
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: BIMA Trinity
Mains level: Insurance sector reforms
Central Idea
- The Insurance Regulatory and Development Authority (IRDA) in India aims to implement ambitious plans to improve the insurance sector.
- The key objectives include offering affordable bundled policies that cover multiple risks and providing expedited claim settlements with value-added services.
“Bima Trinity” – A Comprehensive Plan
- The IRDA is collaborating with general and life insurance firms to develop a comprehensive plan called “Bima Trinity.”
- Bima Sugam
- Bima Vistar
- Bima Vaahaks
(1) Bima Sugam – One-Stop Shop Platform
- The IRDA is developing the Bima Sugam platform, which will integrate insurers and distributors onto a single platform.
- This platform will serve as a one-stop shop for customers, simplifying the process of purchasing policies and accessing services.
- Customers will be able to pursue service requests and settle claims through the same portal, enhancing convenience and efficiency.
(2) Bima Vistar
- The IRDA is working on the development of Bima Vistar, a bundled risk cover that encompasses life, health, property, and casualties or accidents.
- This bundled policy aims to provide comprehensive protection against a wide range of risks.
- Policyholders will have defined benefits for each risk, allowing for faster claim payouts without the need for surveyors.
- Bima Vistar will offer defined benefits for each risk category, ensuring clarity and ease of understanding for policyholders.
- If a loss occurs, the defined benefit will be promptly transferred to the policyholder’s bank account, eliminating unnecessary waiting periods.
(3) Bima Vaahaks: Women-Centric Workforce
- As part of the Bima Trinity plan, the IRDA envisions a women-centric workforce known as Bima Vaahaks.
- Bima Vaahaks will operate at the Gram Sabha level and engage with women heads of households.
- Their role will be to educate and convince women about the benefits of a comprehensive insurance product like Bima Vistar.
- They will emphasize the usefulness of a composite insurance product like Bima Vistar during times of distress.
- By highlighting the advantages and addressing concerns, these Bima Vaahaks will play a crucial role in empowering women and ensuring their financial security.
Other developments
- Leveraging Digitized Registries for Faster Claims: With the increasing digitization of birth and death registries in many states, the IRDA plans to integrate its platform with these registries. This integration would allow for seamless sharing of data and facilitate faster claim settlements.
- Streamlined Claim Settlement Process: Policyholders can access the platform, retrieve their policy from the insurers’ repository, and provide the necessary documents, such as the death certificate. This swift claim settlement process revolutionizes the insurance industry by significantly reducing the time taken for policyholders to receive their claims.
Expansion of Insurance Penetration
(1) Legislative Amendments for Increased Investments
- The IRDA plans to introduce legislative amendments to attract more investments into the insurance sector. These amendments would allow for differentiated licenses for niche players, similar to the banking sector.
- The objective is to encourage more participation, ultimately making insurance more accessible and affordable for citizens.
(2) Making Insurance Available, Affordable, and Accessible
- The IRDA is focused on adopting a multi-level approach to make insurance available, affordable, and accessible to a larger population.
- The aim is to address the low insurance penetration in the country and double the number of jobs in the sector.
- The regulator believes that by implementing these changes, insurance can become more inclusive and reach citizens at the Gram Sabha (village council), district, and state levels.
(3) Identifying Significant Protection Gaps
- The IRDA acknowledges the existence of significant protection gaps in various lines of insurance, including life, health, motor, property, and crops.
- These gaps highlight the need for comprehensive coverage and prompt claim settlements.
Proposed Amendments for Regulatory Reforms
The IRDA has proposed amendments to insurance laws to enable regulatory reforms that encourage increased investment and innovation.
- Differentiated capital requirements: These amendments aim to introduce differentiated capital requirements for niche insurers, attracting more investment into the sector.
- Other value-added services: Additionally, the proposed amendments will allow insurers to offer value-added services alongside policies, catering to the evolving needs and preferences of customers.
- Encouraging new players and services: The proposed amendments will pave the way for the entry of new players in the insurance sector. Micro, regional, small, specialized, and composite insurers will have the opportunity to operate and cater to different geographical areas and population segments.
Comparison with Banking Sector
- The IRDA draws parallels between the proposed changes in the insurance sector and the existing diversity in the banking sector.
- Similar to the banking sector, which includes various types of banks addressing different needs and geographies, the insurance sector can benefit from a diverse range of insurers.
- Payment banks, small finance banks, cooperative banks, and other specialized institutions serve specific purposes and cater to distinct segments of the population.
Way Forward
The IRDA’s initiatives, including bundled policies and expedited claim settlements, have the potential to significantly enhance insurance accessibility and affordability in India. To move forward effectively, the following steps can be considered:
- Collaborating with Insurers: The IRDA should work closely with insurance companies to refine and implement the Bima Trinity plan, ensuring the success of bundled policies and integrated platforms.
- Technological Integration: Prioritizing the integration of birth and death registries with the IRDA platform to expedite claim settlements. Emphasizing technological advancements and partnerships for seamless data sharing and processing.
- Awareness and Education: Launch a comprehensive awareness campaign in collaboration with insurers and stakeholders to educate the public, especially women, about the benefits of bundled policies and comprehensive insurance coverage.
- Regulatory Reforms: Expediting proposed amendments to insurance laws to enable differentiated capital requirements and value-added services. Active engagement with relevant government bodies to ensure smooth implementation.
- Monitoring and Evaluation: Establishing a robust framework for monitoring and evaluating the effectiveness of bundled policies, claim settlement processes, and insurance penetration in different regions.
- Continuous Innovation: Encouraging insurers to continuously innovate and develop new products and services that address emerging risks and meet evolving consumer preferences in the rapidly evolving insurance landscape.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Recusal of Judges
Mains level: Read the attached story
Central Idea
Recusals by judges have been a frequent occurrence in recent weeks, raising important questions about the circumstances under which judges should recuse themselves, the need for recording reasons for recusal, and the reliance on individual judges’ discretion.
What is Recusal?
- Recusal is the removal of oneself as a judge or policymaker in a particular matter, especially because of a conflict of interest.
- Recusal usually takes place when a judge has a conflict of interest or has a prior association with the parties in the case.
- For example, if the case pertains to a company in which the judge holds stakes, the apprehension would seem reasonable.
- Similarly, if the judge has, in the past, appeared for one of the parties involved in a case, the call for recusal may seem right.
- A recusal inevitably leads to delay. The case goes back to the Chief Justice, who has to constitute a fresh Bench.
Reasons for Judicial Recusal
- Conflict of interest: Recusal often occurs when a judge has a direct conflict of interest or a prior association with the parties involved in a case. For instance, if a judge holds stakes in a company involved in the case, it would be reasonable to recuse themselves.
- Earlier difference of opinion: Similarly, if the judge previously represented one of the parties in a case, recusal may be necessary.
- Prevent bias: Some judges may recuse themselves based on apprehension of bias, while others may refuse to withdraw, considering the potential damage to the institution.
- Absence of Codified Rules: India currently lacks codified rules specifically governing recusals, but the Supreme Court has addressed the issue through various judgments.
Procedure for Recusal
- Automatic and Plea-based Recusal: Recusal can happen automatically when a judge recognizes a conflict of interest or when a party raises a plea for recusal due to bias or personal interest.
- Judge’s Discretion: The decision to recuse rests solely on the conscience and discretion of the judge; no party can compel a judge to withdraw.
- Transfer of the Case: When a judge recuses, the case is transferred to the Chief Justice, who reassigns it to an alternate bench to ensure the continuity of proceedings.
Recording Reasons for Recusal
- Responsibility of Judges: Since there are no statutory rules, judges are responsible for recording their reasons for recusal.
- Oral or Written Disclosure: Reasons for recusal can be specified orally in open court or through a written order, or they may remain undisclosed.
Criticism
- Lack of transparency: This regarding reasons for recusal has faced criticism, particularly when mass recusals occur in sensitive cases.
- Motives undisclosed: Some judgments have argued for the need to indicate reasons to avoid attributing motives to recusals, while others express concerns that specifying reasons could lead to challenges and hinder the recusal process.
- Inevitable delay: Recusal inevitably leads to delays in the proceedings as the case is transferred back to the Chief Justice, who must assign it to a fresh bench.
Past Supreme Court Rules on Recusal
- Factors for Impartiality: The Supreme Court has established various factors to determine the impartiality of a judge in previous judgments.
- Reasonableness of Apprehension: The reasonableness of the party’s apprehension of bias is a crucial consideration when deciding whether recusal is necessary.
- Definition of Judicial Bias: Judicial bias is defined as a predisposition that compromises a judge’s impartiality.
- Real Danger Test: Pecuniary interests automatically disqualify a judge, while other cases require applying the “real danger” test to evaluate the possibility of bias.
Issues with Recusal
- Abdication of Duty: Recusal has been viewed as a potential abdication of a judge’s duty, raising concerns about maintaining institutional civility while fulfilling the independent role of judges as adjudicators.
- Importance of Providing Reasons: Justice Kurian Joseph, in his separate opinion in the 2015 National Judicial Appointments Commission (NJAC) judgment, emphasized the importance of judges providing reasons for recusal to enhance transparency.
- Constitutional Duty for Transparency: Indicating reasons for recusal is a constitutional duty, reflecting the need for judges to be transparent and accountable.
Practices in Foreign Jurisdictions
- United States: It has well-defined laws and codes that explicitly detail grounds for recusal, such as financial interests, prior involvement as a lawyer or witness, and relationships with parties.
- United Kingdom: It has adopted the “real danger” test to disqualify judges based on substantive evidence of bias, although this approach has faced criticism.
Importance of Appearance of Bias
- The European Convention of Human Rights emphasizes the significance of the “appearance of bias” to ensure fairness from the perspective of a reasonable observer.
Way Forward
- To ensure fairness and maintain public trust in the justice system, it is crucial to establish clear guidelines and rules for recusal in India.
- Codifying principles, requiring judges to record reasons for recusal, and promoting transparency can address concerns about bias and uphold the integrity of the judiciary.
- Learning from foreign jurisdictions, such as studying the comprehensive recusal laws in the United States, can provide valuable insights for developing a robust framework for recusal in India.
- Enhancing transparency and accountability in the recusal process will contribute to a stronger and more trusted judicial system.
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From UPSC perspective, the following things are important :
Prelims level: Project Cheetah
Mains level: Translocation of wildlife, Issues and challenges
Following the death of three cheetah cubs this week, the Centre has appointed a new steering committee, comprising national and international experts, to oversee the implementation of Project Cheetah.
What is Project Cheetah?
- After being reported extinct in India for seven decades, the cheetah is set to make a comeback through ‘Project Cheetah’.
- The Government of India reintroduced eight African cheetahs, consisting of five females and three males, at the Kuno National Park in Madhya Pradesh.
Origin and Approval of Project Cheetah
- Project Cheetah received approval from the Supreme Court of India in January 2020 as a pilot program to reintroduce the cheetah species to the country.
- The initiative was first proposed in 2009 by Indian conservationists in collaboration with the Cheetah Conservation Fund (CCF), a non-profit organization headquartered in Namibia.
- The CCF is dedicated to the preservation and rehabilitation of cheetahs in their natural habitats.
Chronology of events
- Medieval times: During the Mughal Period, they were extensively used for hunting, and Emperor Akbar owned a menagerie of 1,000 cheetahs. Various states in Central India, particularly Gwalior, had cheetahs for a long time.
- 1947: The country’s last three surviving cheetahs were shot by Maharaja Ramanuj Pratap Singh, the ruler of a small princely state in Chhattisgarh. India’s last spotted cheetah died in the Sal forests of Chhattisgarh’s Koriya district in 1948, leading to the animal’s official extinction in India in 1952.
- 1970s: The first concrete efforts to reintroduce the cheetah began in the 1970s during talks with Iran’s Shah Muhammad Reza Pahlavi. The plan involved swapping India’s Asiatic lions for Iran’s Asiatic cheetahs.
- 2009: Another attempt was made to acquire Iranian cheetahs, but it was unsuccessful as Iran did not permit the cloning or export of its cheetahs.
- 2012: The reintroduction project was halted in 2012 when the Supreme Court ordered a stay on it.
- 2020: In 2020, South African experts surveyed four potential reintroduction sites: Kuno-Palpur, Nauradehi Wildlife Sanctuary, Gandhi Sagar Wildlife Sanctuary, and Madhav National Park.
Basis of recent translocation
- Coexistence approach: India’s approach is unique as it aims to reintroduce the cheetah in an unfenced protected area using a coexistence approach.
- Fenced protection: Fencing has been successful in other countries but limits population growth and range.
- Perfect breeding area selection: Kuno NP’s core conservation area is largely free of human-made threats.
Various challenges
- Retaliatory killing: Anthropogenic threats like snaring for bush meat and retaliatory killings pose risks to the cheetahs.
- Fencing issues: Maintaining cheetahs and their prey base in an enclosure is considered impossible.
- Habitation stress: Captivity and changes in habitat induce anxiety and stress, hindering reproduction.
- Acclimatization issues: The climate, prey species, and overall conditions in Kuno forest may not stimulate mating and reproduction.
- Prolonged captivity: Concerns are raised about the prolonged captivity of cheetahs before translocation, which may have increased stress and vulnerability.
Is the project a failure?
(1) Understanding adaptation challenges
- The deaths among cheetahs must be considered in light of their natural lifespan and the difficulties they face in adapting to Indian conditions.
- Daksha, a female cheetah, died from injuries sustained during a violent mating attempt by two males, which aligns with known predator behavior.
(2) Immediate assessment is an absurdity
- The success of wildlife breeding programs is not an overnight phenomena. It is premature to judge at this juncture.
- The increase in lion and tiger populations in Gir, Gujarat also took sustained efforts over decades.
(3) Complexities and Publicity of the Project
- The cheetahs’ arrival in India followed extensive government planning, Supreme Court hearings, negotiations with multiple countries, logistical challenges, and the PM’s involvement.
- The project received significant publicity. This necessarily doesn’t mean that the PM has a Midas touch.
Conclusion
- The relocation program is considered an experiment, and every death and birth should not be seen as a definitive success or failure.
- However, clear criteria and timelines must be established for project managers to determine if adjustments are necessary.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Conduct of Civil Servants
Central Idea
- The civil services in India have witnessed a resurgence in popularity, with a growing number of candidates applying each year.
- In this article, we delve into the various rules that govern civil servants and the restrictions they face throughout their career.
Civil Services and Services Allocation
- Successful applicants in the civil services examination can join various services based on their rank and personal preferences.
- Three prominent services, known as All India Services, include the Indian Administrative Service (IAS), Indian Police Service (IPS), and Indian Forest Service (IFS).
- Other services, known as Central Civil Services, are under the central government and do not have a state cadre system.
Rules for Conduct of Civil Servants
- Civil servants are governed by two sets of rules:
- All India Services Conduct Rules, 1968, and
- Central Civil Services Conduct Rules, 1964
- These rules cover a wide range of issues, outlining the expected behaviour and conduct of civil servants.
Issues with these rules
(1) Vague and Specific Rules
- The Conduct Rules include both vague and specific provisions.
- Rule 3(1) emphasizes maintaining absolute integrity and devotion to duty without engaging in any behaviour unbecoming of a civil servant.
- Rule 4(1) prohibits the use of one’s position or influence to secure employment for family members with private organizations or non-governmental organizations.
(2) Restrictions on Political Affiliation and Expression of Opinion
- Rule 5(1) prohibits civil servants from being members of political parties or organizations involved in politics.
- Rule 7 restricts civil servants from making adverse criticisms of government policies or actions in public media or documents.
(3) Prohibition on Dowry
- Giving or taking dowry is strictly prohibited for civil servants under Rule 11(1-A).
- Civil servants are required to report any gifts exceeding Rs. 25,000 received from near relatives or personal friends.
Amendments and Updates to the Rules
- The Conduct Rules are not static and have been amended and updated over time.
- The government determines the political nature of organizations, impacting civil servants’ association with them.
- Additional sub-rules were added in 2014, focusing on maintaining high ethical standards, integrity, political neutrality, and accountability.
Coverage and Penalties
- Civil servants are covered by these rules as soon as they join training, which is part of their probation period.
- Violations of the rules can result in major penalties, including dismissal from the service.
- The Prevention of Corruption Act (POCA) complements the Conduct Rules in addressing corruption issues.
Challenges in Enforcement
- While the rules outline penalties, enforcing them can be challenging.
- Complaints with proper details are necessary for action to be taken.
- Proper channels, such as the Central Vigilance Commission and investigation agencies, exist for filing complaints.
Way Forward
- Ensuring the effective implementation of the Conduct Rules requires streamlining the complaint process and encouraging transparency.
- Regular review and updates of the rules can help address emerging challenges and ensure their relevance.
- Training programs and awareness campaigns can enhance civil servants’ understanding of their responsibilities and the consequences of non-compliance.
- Collaborative efforts between government bodies, civil society, and the public can foster a culture of accountability and ethical conduct among civil servants.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: UDAN 5.1
Mains level: Read the attached story
Central Idea
- The Ministry of Civil Aviation has launched UDAN 5.1, an extension of the Regional Connectivity Scheme (RCS) – Ude Desh Ka Aam Nagrik (UDAN), to enhance connectivity to remote areas of India.
What is UDAN 5.1?
- This round specifically focuses on helicopter routes, aiming to achieve last mile connectivity.
- It allows operators to operate routes where one of the origin or destination locations is in a priority area, such as hilly regions, islands, or North East states.
Features of the scheme
- Expanded Scope of Operations: Operators can now operate routes where one of the origin or destination locations is in a priority area, compared to the previous requirement of both points being in priority areas.
- Reduced Airfare Caps: Airfare caps for helicopter flights have been reduced by up to 25%, making flying in helicopters more affordable for passengers.
- Increased Viability Gap Funding (VGF) Caps: VGF caps for operators using single and twin-engine helicopters have been substantially increased to enhance the financial viability of operating the awarded routes.
- Coverage Expansion: UDAN 5.1 aims to cover a significantly larger number of routes compared to previous rounds, further extending the benefits of air connectivity to unserved regions.
Importance of UDAN 5.1
- Democratization of Air Travel and Last-Mile Connectivity: UDAN 5.1 reflects the deeper democratization of air travel, with a focus on providing last-mile connectivity to remote regions of India.
- Consultations and Stakeholder Engagement: The current version of the scheme has been designed after extensive consultations with all stakeholders, including helicopter operators.
Way Forward
- Successful Implementation: Ensure effective implementation of UDAN 5.1, considering the expanded scope of operations, reduced airfare caps, and increased VGF caps.
- Collaboration with Operators: Foster collaboration and engagement with helicopter operators to optimize last-mile connectivity and promote the growth of the helicopter segment in the civil aviation industry.
- Monitoring and Evaluation: Establish a robust monitoring and evaluation mechanism to assess the impact of UDAN 5.1 on remote regions, air travel affordability, and economic development.
- Promoting Tourism: Leverage the increased helicopter penetration to boost tourism in remote areas, thereby supporting the hospitality industry and local economies.
- Future Expansion: Continuously assess the potential for further expansion of the UDAN scheme, considering new routes and modes of transportation to improve connectivity to underserved regions of India.
Back2Basics:All Versions of UDAN Scheme
|
Launch Date |
Focus Category |
Distance Length Cap |
Viability Gap Funding Cap |
Exclusivity |
Period |
| UDAN 1.0 |
April 27, 2017 |
Category 1 (19-78 Seats) |
500 km |
70% for Cat-1, 90% for Hilly States, J&K, Ladakh, NE and Island regions |
3 years |
10 years |
| UDAN 2.0 |
November 16, 2018 |
Category 1 (19-78 Seats) |
500 km |
Same as UDAN 1.0 |
3 years |
10 years |
| UDAN 3.0 |
November 8, 2019 |
Category 1 (19-78 Seats) |
800 km |
Same as UDAN 1.0 |
3 years |
10 years |
| UDAN 4.0 |
December 3, 2020 |
Category 1 (19-78 Seats) |
1,200 km |
Same as UDAN 1.0 |
1 year |
10 years |
| UDAN 5.0 |
September 1, 2021 |
Category 2 (20-80 Seats) and 3 (>80 Seats) |
No restriction |
60% for Priority Areas, 20% for Non-Priority Areas |
1 year |
10 years |
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