[Mission 2023] INSIGHTS DAILY CURRENT AFFAIRS + PIB SUMMARY 23 May 2023

 GS Paper 2

Syllabus: Structure, Organization and Functioning of the Judiciary

 

Source: TH

 Context: Calling it an attempt to indulge in ‘bench hunting’, a former SC judge refused (last week) to recuse himself from hearing a plea.

 

What is recusal?

• It is the act of declining to take part in an official activity, such as a court case because the administrative or court authority presiding over it has a conflict of interest.
• This conflict of interest can arise in many ways – from holding shares in a litigant company to having a prior or personal association with a party.

 

The practice of judicial recusals stems from:

• The cardinal principles of due process of law:
  • Nemo judex in sua causa – no person shall be a judge in his own case.
  • Justice must not only be done but must also be seen to be done.
• The oath of office: Both the SC and HC judges promise to perform their duties without fear or favour, affection or ill-will, in accordance with the III Schedule of the Constitution.
• Restatement of the Values of Judicial Life adopted by the SC: It forbids a judge from deciding a case where he holds pecuniary interest unless the concerned parties clarify that they have no objections.

  

Recent instances of judicial recusals:

• In the afore-mentioned case involving a former IPS officer (Sanjiv Bhat), recusal was sought on the ground that there was a likelihood of bias since the same Judge, a Gujarat HC judge had reprimanded the IPS officer.
• The CJI rejected an application seeking his recusal from hearing petitions seeking legal recognition of same-sex marriages.
• Justice Gita Gopi of the Gujarat HC recused herself from hearing Rahul Gandhi’s appeal seeking a stay on his conviction in the criminal defamation case.

  

Why do judges recuse?

• To prevent the perception that the judge was biased while deciding a case.
• When an appeal is filed in the SC against an HC judgment delivered by the concerned judge before his elevation.

 

What is the procedure for recusal?

• Although several SC judgments have dealt with the issue, India has no codified rules governing recusals.
• There are two kinds of recusals – automatic (where a judge himself withdraws from the case) or when a party raises a plea for recusal.
• The decision to recuse rests solely on the conscience and discretion of the judge and no party can compel a judge to withdraw from a case.
• If a judge recuses himself, the case is listed before the Chief Justice for allotment to an alternate Bench.

 

Do judges have to record reasons for recusal?

Since there are no statutory rules governing the process, it is often left to the judges themselves to record reasons for recusals.

 

Concerns:

• The majority of the time, the grounds for recusal are not made public, which endangers judicial transparency.
• However, the Delhi HC recently ruled that any investigation into the reasons for recusal would constitute an interference with the course of justice.

 

What rules have the SC formulated in the past?

• Ranjit Thakur v. Union of India (1987): To determine if a judge should recuse, what is relevant is the reasonableness of the apprehension of bias in the mind of the concerned party.
• State of West Bengal v. Shivananda Pathak (1998): Judicial bias is a condition of mind which renders the judge incapable of impartiality in a particular case.
• SC Advocates-on-Record Association v. Union of India (2015): Where a judge has a pecuniary interest, no further inquiry is needed to establish whether there is a ‘real danger’ of bias.
• Indore Development Authority v. Manoharlal and Ors (2019): Merely having a legal opinion does not disentitle one from being impartial.

 

Practice in foreign jurisdictions:

• The United States has a well-defined law on recusals, which details the grounds for recusal – financial or corporate interest, a case in which the judge was a material witness or a lawyer, and a relationship to a party.
• The United Kingdom’s law laid down a standard to look at the likelihood of bias from the perspective of a fair-minded and reasonable observer.

 

Conclusion:

• It is the judge’s ‘constitutional duty’ to be ‘transparent and accountable’ and therefore reasons must be indicated for recusal (Justice Kurien Joseph).
• There is a need for ‘procedural and substantive rules to deal with the growing frequency of recusal pleas (Justice Madan Lokur).

 

Insta Links:

What is recusal or judicial disqualification of Judges?

GS Paper 2

 Syllabus: International Relations

 

Source: TH

 Context: Addressing the opening session of the FIPIC-3 summit (in Port Moresby, Papua New Guinea/PNG), the PM of India highlighted the importance of the 14 members of the FIPIC.

 

The Pacific Island Countries (PICs):

• It consists of the 3 major groups of islands: Melanesia, Micronesia and Polynesia, and commonly refers to the 14 countries scattered in the South-West Pacific Ocean.
• These are the Cook Islands, Fiji, Kiribati, the Marshall Islands, Micronesia, Nauru, Niue, Samoa, the Solomon Islands, Palau, Papua New Guinea, Tonga, Tuvalu, and Vanuatu.
• The region comprises strategically located (at the crossroads of significant maritime trade routes) small island nations, with small populations and resource-rich Exclusive Economic Zones (EEZs).
• Their profile is rising particularly given the popularity of the Indo-Pacific construct.

 

India’s engagement with the PICs:

• In the early 19th century, Indian workers were taken to the region to work as indentured plantation labourers and most of whom settled particularly in Fiji and PNG.
• After independence, the region did not find much significance in India’s foreign policy.
• However, the changing geopolitical scenario and strategic and economic compulsions, rising naval capabilities have driven India to refresh and redesign its Pacific policy.
• India’s renewed interest can also be seen in the light of its own rechristened Act East policy.
• At this moment, the total annual trade between India and PICs is about $300 million – exports are around $200 million and imports are around $100 million.

 

The Forum for India-Pacific Islands Cooperation (FIPIC):

• It was launched during the PM of India’s visit to Fiji in 2014 and includes 14 of the PICs.
• The FIPIC initiative marks a serious effort to expand (from the Indian Ocean) India’s strategic and commercial interests in the Pacific region.

 

India’s major assistance projects in the PICs:

• Setting up a special USD 1 million fund for adapting to climate change and clean energy, establishing a trade office in India, Pan Pacific Islands e-network to improve digital connectivity.
• India has increased the annual “Grant-in-Aid” from USD 125,000 to 200,000 to each of the 14 PICs for community projects of their choice, and launched a new Visitors Programme for PICs.
• At the FIPIC-2 (Jaipur, 2015), FICCI launched the Business Accelerator for FIPIC to provide necessary information and facilitation to businessmen on both sides.

 

The advantage to India: Presence of a sizable Indian Diaspora – nearly 40% of Fiji’s population is of Indian origin and about 3000 Indians live in PNG.

 

Challenges: India’s interaction with the PICs still largely revolves around its engagement with Fiji and PNG.

 

Way ahead:

• Climate change is a crucial area of common concern where closer partnerships can be developed for effective and concrete solutions.
• For India, it is important to develop a comprehensive and clearly defined strategy to engage with all the PICs.

 

Conclusion:

• The PM of India (at the FIPIC-3) called PICs “large ocean states”, highlighting their strategic-commercial importance for India.
• The recent efforts have brought India much closer to PICs and to further strengthen its ties, India should assist the development goals of the PICs.

 

Insta Links:

Indo-Pacific Regional Dialogue

GS3/GS2

 Syllabus: E-Commerce/ Governance

 

Source: TH

 Context: The article analyses the advantages and challenges of adopting an Open Network for Digital Commerce (ONDC) in India.

 

What is ONDC?

 The Open Network for Digital Commerce (ONDC) is a government initiative aimed at transforming the e-commerce market in India by shifting from a platform-centric model to an open-network model.

 

Similar to the success of the Unified Payments Interface (UPI) project, which enables seamless money transfers across different payment platforms, the ONDC seeks to facilitate transactions between buyers and sellers regardless of the platforms they are registered on.

 

Explanation using an example:

Let’s imagine you want to buy a product online, like a smartphone. You are registered on Amazon, but you find a better deal on Flipkart for the same smartphone you want to buy. In the current system, you wouldn’t be able to purchase it from Flipkart because you’re not registered there.

But ONDC is like a big network that connects all the different e-commerce platforms together. So instead of being limited to one specific platform, you can buy products from different platforms, even if you are registered on only one of them.

 

Objectives of ONDC: Democratization and decentralization of e-Commerce; Inclusivity and access for sellers; Increased choices and independence for consumers and making goods and services cheaper.

 

Benefits and Challenges of ONDC:

 

The way forward and Conclusion:

The success of the Open Network for Digital Commerce (ONDC) will depend on how efficient the listing of products from various sellers is and maintaining the quality of services. The government needs to focus on building a better digital space, implementing a digital education policy, conducting a well-funded adoption campaign, and providing a secured single window for issue resolution.

 

Insta links:

Open Network for Digital Commerce (ONDC)

 

Mains Link:

Discuss the significance of ONDC. (150 Words)

 

Prelims Links:

Content for Mains Enrichment (CME)

Source: DTE

Bushfire is a wildfire that occurs in bushland or forested areas. It is characterized by uncontrollable flames that rapidly spread and can cause significant damage to vegetation, wildlife, and property.

 

Australia faces frequent bushfires due to its hot and dry climate, flammable vegetation like eucalypt forests, weather patterns including droughts and strong winds, and human activities like land clearing and arson.

 

To deal with it, a highly effective bushfire management program has been developed over the past 20 years. From April to June each year, fire managers use small controlled fires to reduce fuel loads and make the landscape safer. This practice, known as “painting with fire,” combines satellite data with Indigenous knowledge and expertise from pastoralists and park rangers.

Significance: The program has led to significant declines in fire across the region and has gained international attention as a model for fire management. It highlights the importance of integrating technology, local knowledge, and diverse skills to achieve sustainable and resilient environmental management.

 

Usage: Such techniques can be used for Indian forest fire management as well. Such solutions can be used in Disaster Management/ Environment/ Geography Questions.

Content for Mains Enrichment (CME)

Source: TH

Disposable diapers are single-use, absorbent diapers made of materials like plastic, absorbent polymers, and soft fibres. They are commonly used for infants and young children as a convenient alternative to cloth diapers.

 

Scientists have found a unique solution to make building materials cost-effective and environmentally friendly by incorporating disposable diapers into them.

 

Benefits: By using disposable diapers in construction, it can help reduce the environmental impact of traditional building materials like concrete. Recycling diapers in this way can make a positive difference by shrinking their carbon footprint and creating durable materials.

 

Usage: Such an example can be used in the Environment question to highlight the use of alternative materials in construction and minimization of wealth.

Facts for Prelims (FFP)

Source: PIB

 Context: The Prime Minister inaugurated the International Museum Expo 2023 in New Delhi to celebrate the 47th International Museum Day (IMD).

• Also, India will have the world’s largest museum, Yuge Yugeen Bharat, that will capture 5,000 years of India’s history.

 

More about Museums:

Facts for Prelims (FFP)

Source: TH

 Context: A Bill to link birth and death register with electoral rolls will be introduced in the Parliament.

 

Need:

• If the birth and death certificate data are preserved in a special way, development works can be planned properly.
• Interlinking of various schemes

 

For Example:

As soon as a person turns 18, the Election Commission will intimate him and make his voter card.

In case of someone’s death, the Census registrar will send a notice to the family that they have received information about the person’s death and the family has 15 days to object, following which the Election Commission will remove his name from the voter list.

 

Unique features in the Bill:

‘Geofencing of blocks’ to be covered under the Sample Registration System (SRS) is being done so that the enumerator cannot fudge the data and responsibility is fixed.

• Geofencing refers to the creation of virtual boundaries or perimeters around specific geographical areas.

 

About Birth rate:

It refers to the number of births per 1,000 individuals in a population over a specific period, typically measured per year. It is an indicator of the fertility level within a population. 

About the Death rate:

Also known as mortality rate, it refers to the number of deaths per 1,000 individuals in a population over a specific period, usually measured per year. It represents the mortality or death occurrence within a population.

  

About Census:

Facts for Prelims (FFP)

Source: TH

Context: The Ministry of Education organised a workshop with the aim of unifying the 60 school examination boards operating in different States and union territories under one umbrella. 

• The main component of this plan is PARAKH or the National Assessment Centre which has been set up as an organisation under the National Council of Educational Research and Training.

  

Need for unifying various school boards:

• To establish a common platform and framework that ensures fairness, equity, and seamless transitions for students across different boards and regions.
• To align curriculum standards, grading systems, and evaluation methodologies to enhance credibility, recognition of certificates, and grades obtained across boards.
• Unification also aims to address the prevailing rote examination culture and promote holistic assessments that encompass various dimensions of a student’s abilities and potential.
• It emphasizes the importance of well-designed question papers, balanced assessments, and reducing the burden of high-stakes examinations while effectively measuring student progress.

  

About PARAKH:

It has been launched as part of the implementation of the National Education Policy (NEP)-2020 which envisaged a standard-setting body to advise school boards regarding new assessment patterns and the latest research and promote collaborations between them.

 

• It will be tasked with holding periodic learning outcomes tests like the National Achievement Survey (NAS) and State Achievement Surveys.
• It will work on three major assessment areas: large-scale assessments, school-based assessments, and examination reforms.

Facts for Prelims (FFP)

Source: ET

 Context: The government has decided to reduce the subsidy provided under the FAME-II scheme for electric two-wheelers starting in June.

 

Ministry of Heavy Industries notified changes:

• The subsidy for electric two-wheelers would be reduced to ₹10,000 per kilowatt hour (kWh) effective 1 June 2023 from ₹15,000 currently.
• The cap on incentives for such vehicles has been lowered to 15% of the ex-factory price of vehicles from the earlier 40%.
• But the total amount allocated toward providing incentives for these vehicles will be raised from the current ₹2,000 crores.

 

The rationale for changes:

The intention behind lowering the subsidy and increasing the funds for electric two-wheelers is to support more consumers through the FAME scheme with the available funds.

 

About the FAME Scheme:

Facts for Prelims (FFP)

Source: TH

 Context: A pangenome reference map has been built using genomes from 47 anonymous individuals from Africa, the Caribbean, the Americas, East Asia, and Europe.

 

About Pangenome Map

Facts for Prelims (FFP)

Source: TH

 Context: A study suggests that climate change could push up to 30% of species over tipping points as their geographic ranges experience unforeseen temperatures.

 

About Tipping Points:

Facts for Prelims (FFP)

Source: DTE

 Context: A new study has found that the world’s top 21 fossil fuel companies owed over US $ 5 trillion in climate reparations, to be disbursed over a 26-year period from 2025 to 2050.

The companies with the highest reparations: ExxonMobil, Saudi Aramco, and Shell.

About Climate reparations:

Facts for Prelims (FFP)

Source: TH

 

Context: The Reserve Bank of India (RBI) has tripled its payout to the Indian government, deciding to transfer ₹87,416 crores as surplus for the accounting year 2022-23 (nearly three times the ₹30,307 crores transferred in the previous fiscal year)

• Also, RBI has increased the Contingency Risk Buffer to 6%, up from 5% in the previous year.

 

About RBI’s surplus transfer to the government: