Daily News Compilation (HINDU) for 30th April (MCQs included)

The tasks ahead

Author questions the quality of contraction — in the CAD and in fiscal consolidation — that matters more than the numbers.

Last year the CAD at $88 billion, or 4.8 per cent of GDP, threatened macroeconomic stability. Policymakers seemed to have run out of ideas to, for instance, stem the sharp depreciation of the rupee. The government hopes to announce a dramatic reduction in the CAD to about $32 billion, or 1.7 per cent of GDP, when figures for March 2014 are announced. 

That the sharp fall in the CAD is due to an aggressive clampdown on gold imports, by far the largest component of imports, is well-known. The restrictions on gold imports cannot last indefinitely. There is already substantial evidence that a large part of the gold trade is shifting underground, a development that will have serious consequences for society at large. 

A part of the insatiable demand for gold can be moderated by developing easy-to-invest savings instruments that offer returns that beat inflation. Also, the claim of containing the deficit loses much of its gloss if one realises that the contraction is not due to the sustained rise in exports but due to a fall in non-oil imports. The latter is an unmistakable sign of a slowdown, something which is not quite comforting. 

On fiscal deficit, the Finance Minister has said that the self-imposed “red line” will not be breached and that the deficit will be contained within 4.6 per cent as budgeted for. 

On fiscal consolidation, it is known that expenditure including Plan expenditure has been compressed, and besides there have been some dodgy practices of pushing items of expenditure to the following year and taking credit for receipts which in the normal course are not available during the period under reference. The arguments for greater transparency in government finances are familiar, but need to be restated to place the macroeconomy in its proper perspective.

The road to safety

India’s roads have acquired a reputation, quite deservedly, of being the most dangerous in the world

• Annual toll of nearly 140,000 accident fatalities; 
• injuries are estimated to be 15 to 20 times the number of deaths. 
• In absolute numbers, more people die in road accidents in India than in any other country. 
• Avoidable death and disability seriously affect economic progress — by some estimates, 3 per cent of GDP is lost in a year due to the carnage.

The recent decision of the Supreme Court to appoint a three-member committee to suggest ways to prevent road accidents and ensure accountability offers some hope that a new government at the Centre will be compelled to address the issue as an emergency. It is not as if suggestions for improvements for enhanced safety have not been proposed earlier. The Sundar Committee constituted by the Centre called for an apex agency to be created to assess all aspects of road safety, and to address the lacuna in scientific accident investigation. Although the recommendation was made seven years ago, it has failed to take off.

Unsafe transport, including services operated by government agencies, are a major part of the problem. 

National Transport Development Policy Committee headed by Rakesh Mohan suggested that national, State and local-level institutions be set up, with responsibility to address the issue of safety. 

There is an urgent need to form these committees, and appoint professionals to them. They must be empowered to upgrade driver-licensing practices, road systems, public lighting and signage. Accident investigation, which remains a neglected area, requires a thorough overhaul, and CCTVs can help determine the cause of mishaps. Also, the neglect of the public district hospital network in most States, and the high cost of treatment at private hospitals affect access to good trauma care for accident victims. The right to life demands that the Central and State governments provide medical facilities at a proximate institution free of cost to all. 

Gyaan

Sundar Committee 

Committee was set up on the directions of the Committee on Infrastructure, headed by the Prime Minister Dr. Manmohan Singh in November 2005, recognizing the need to contain burgeoning road accidents and fatalities in the country. 

The main recommendations of the Committee 

1. Creation of the National Road Safety & Traffic Management Board, an Apex body at national level to promote road safety and traffic management in the country to be constituted through an Act of the Parliament with members and experts drawn from the various fields including road engineering, automobile engineering, traffic laws, medical care, etc. 

The Committee has proposed that the Board would have regulatory as well as advisory functions.

• Regulatory functions: Board would set standards and designs for mechanically propelled vehicles and National Highways. 
• Advisory function: Board would advise Government on various road safety aspects and will promote road safety research, road user behavior strategies, lay guidelines for establishing medical care and rehabilitation, etc. 

Board would also have powers to issue directions with regard to corrective measures and conduct safety audits. 

2. setting up of the state level bodies namely State Road Safety Boards as the issue of road safety is required to be taken up vigorously at all-India level. The functions of the State Board would be 

• to aid and advise State Governments on matters relating to road safety & traffic management,
• coordinate road safety & traffic management functions with State level agencies, 
• specify minimum standards for design, construction and operation of roads other than National Highways, 
• providing minimum standards for establishing and operating trauma care facilities, 
• commission safety audits to monitor compliance with standards, 
• specify minimum standards for design and manufacture of vehicles other than mechanically propelled vehicles, 
• recommend measures for enquiry and redressal of complaints and grievance relating to road safety & traffic management, etc. 

3. To provide flow of funds, the Committee has suggested earmarking of 1% of total proceeds of cess on diesel and petrol for Road Safety Fund. Some part of the assistance to the State Board is proposed to be released on the basis of performance of the State in promoting the cause of road safety. 

4. Decriminalization of road accident, the Committee has observed that traffic accidents are registered as medico-legal cases and the private hospitals are reluctant to accept the road accident victim to avoid getting embroiled into medico-legal case. The problem is further aggravated due to the requirement that attending doctors have to spend considerable time in appearing in Courts/Tribunals when these cases come up for hearing. It has been suggested by the Committee that these road accidents should be de-linked from the criminal aspect. It has been suggested that it should be the primary duty of the attending doctor to provide medical aid to the victim without waiting for registration of case. 

Black money: 18 names disclosed

The Centre on Tuesday disclosed in the Supreme Court the names of 18 individuals who had stashed black money in LGT bank in Liechtenstein, as per the information furnished by the German government to India in 2009.

The list, however, did not contain how much each individual had deposited. This information was given to the court in a sealed cover.

Canberra gallery gives up claim on stolen idol

Gyaan

Nataraja, 

Sanskrit: “Lord of the Dance”

Hindu god Shiva in his form as the cosmic dancer, represented in metal or stone in most Shaiva temples of South India.

In the most common type of image, Shiva is shown with four arms and flying locks dancing on the figure of a dwarf, Apasmara (a symbol of human ignorance; apasmara means “forgetfulness,” or “heedlessness”). 

• Shiva’s back right hand holds the damaru (hourglass-shaped drum); 
• the front right hand is in the abhaya mudra (the “fear-not” gesture, made by holding the palm outward with fingers pointing up); 
• the back left hand carries Agni (fire) in a vessel or in the palm of the hand; and 
• the front left hand is held across his chest in the gajahasta (elephant-trunk) pose, with wrist limp and fingers pointed downward toward the uplifted left foot. 
• The locks of Shiva’s hair stand out in several strands interspersed with the figures of Ganga (the Ganges River personified as a goddess), flowers, a skull, and the crescent moon. 
• His figure is encircled by a ring of flames, the prabhamandala. 
• In classic Sanskrit treatises on dance, this form, the most common representation of Nataraja, is called the bhujamgatrasa (“trembling of the snake”).

The gestures of the dance represent Shiva’s five activities (pancakritya): 

1. creation (symbolized by the drum), 

2. protection (by the “fear-not” pose of the hand), 

3. destruction (by the fire),

4. embodiment (by the foot planted on the ground), 

5. and release (by the foot held aloft).

In the Nataraja sculpture, Shiva is shown as the source of all movement within the cosmos, represented by the arch of flames. The purpose of the dance is to release humans from illusion, and the place where it is said to have been performed, Chidambaram (an important Shaiva centre in South India), called the centre of the universe, is in reality within the heart. 

Ardhanarishvara, 

• Sanskrit: “Lord Who Is Half Woman”
• composite male-female figure of the Hindu god Shiva, together with his consort Parvati.

The symbolic intent of the figure according to most authorities is to signify that the male and female principles are inseparable. Some popular explanation, 

• Shiva-Purana- god Brahma created male beings and instructed them in turn to create others, but they were unable to do so. When Shiva appeared before him in an androgynous form, Brahma realized his omission and created females. 
• Yet another legend has it that the sage (rishi) Bhringi had vowed to worship only one deity and so failed to circumambulate and to prostrate himself before Parvati. Parvati tried to force him to do so by asking to be united with her lord, but the sage assumed the form of a beetle and continued to circumambulate only the male half, whereupon Parvati became reconciled and blessed Bhringi.

Polio, AIDS successes bigger than n-deal: Amartya Sen

On subsidy, particularly in the light of the Congress manifesto promising to retain only the absolutely necessary subsidies, Prof. Sen said: “There has to be an attempt to cut subsidies. But before that there has to be an understanding of where the subsidies really go. The government spends a little over one per cent of the GDP on food security and employment regeneration (MGNREGA) but spends more than twice that much on subsidising electricity, cooking gas and other petroleum products, including diesel for luxury cars as well as fertilizer subsidies, which go primarily to rich farmers.”

Underscoring the fact that air-conditioning in five-star hotels was also subsidised, he said: “If you read the newspapers, you don’t get this impression. People talk about massive fiscal irresponsibility when it comes to subsidies for the poor but not subsidies for the comfortably off, for the relatively rich in Indian terms.”

PMO wrote to Ministry about Mangar forest

‘Schools need child protection policy’

In the wake of five girls being molested by a teacher at a school in Jehangirpuri, NGO HAQ: Centre for Child Rights on Tuesday wrote to the Delhi Commission for Protection of Child Rights (DCPCR) to take cognisance of the incident. It asked the DCPCR to ensure that schools follow a proper recruitment process and have a child protection policy in place.

An easy interface for the internet of things

With the advent of the Internet of things, potentially billions of devices will report data about themselves, making it possible to create new applications in areas as diverse as factory optimisation, car maintenance, or simply keeping track of your stuff online. But doing this today requires at least some degree of programming knowledge. Now Bug Labs, a New York City company, is trying to make it as easy to create an Internet of things application as it is to put a file into Dropbox.

With a new service called Freeboard, Bug Labs is giving people a simple one-click way to publish data from a “thing” to its own Web page (Bug Labs calls this “dweeting”). To get a sense of this, visit Dweet.io with your computer or mobile phone, click “try it now,” and you’ll see raw data from your device itself: its GPS coordinates and even the position of your computer mouse. The data is now on a public Web page and available for analysis and aggregation; another click stops this sharing.

Gyaan

Internet of Things (IoT)

The Internet of Things (IoT) is a scenario in which objects, animals or people are provided with unique identifiers and the ability to automatically transfer data over a network without requiring human-to-human or human-to-computer interaction. IoT has evolved from the convergence of wireless technologies, micro-electromechanical systems (MEMS) and the Internet.

A thing, in the Internet of Things, can be a person with a heart monitor implant, a farm animal with a biochip transponder, an automobile that has built-in sensors to alert the driver when tire pressure is low -- or any other natural or man-made object that can be assigned an IP address and provided with the ability to transfer data over a network. So far, the Internet of Things has been most closely associated with machine-to-machine (M2M) communication in manufacturing and power, oil and gas utilities. Products built with M2M communication capabilities are often referred to as being smart. (See: smart label, smart meter, smart grid sensor)

IPv6’s huge increase in address space is an important factor in the development of the Internet of Things. According to Steve Leibson, who identifies himself as “occasional docent at the Computer History Museum,” the address space expansion means that we could “assign an IPV6 address to every atom on the surface of the earth, and still have enough addresses left to do another 100+ earths.”

MCQs

Q1. Which of the following were recommendations of Sundar Committee appointed by central government in 2005 for Road Safety and traffic management:

1. An apex body National Road Safety & Traffic Management Board with regulatory functions only

2. setting up of the state level bodies namely State Road Safety Boards

3. earmarking of 1% of total proceeds of cess on diesel and petrol for Road Safety Fund.

4. decriminalization of road accidents

a. 1,2,3,4

b. 1,2,3

c. 2,3,4

d. 1

Q2. Which if the following are correct regarding Nataraja form of Shiva

1. purpose of the dance is to release humans from their illusions

2.  gestures of the dance represent Shiva’s three activities 

3. In the sculpture Shiva is shown as a creator of fire symbolized by arch of flames

4. front right hand is in the abhay mudra 

a. 1,2,3,4

b. 1,2,3

c. 2,3,4

d. 1,4

Q3. Which of the following statement is incorrect:

a. IPv6 address is 128 bits long

b. Internet of things is a technology to use internet on everything

c. Machine to machine (M2M) refers to technologies that allow both wireless and wired systems to communicate with other devices of the same type

d. Dweeting is term used by Bug Labs for its application Freeboard to transmit data from things using internet.

Daily News Compilation (HINDU) for 29th April

Obama slaps sanctions on Putin’s inner circle

We welcome China’s peaceful rise: Obama

President Barack Obama said on Monday he had no desire to contain or counter China despite clinching a defence pact with the Philippines which will inject U.S. forces close to the volatile South China Sea.

In the Philippines on the final leg of an Asian tour, Mr. Obama directly addressed leaders in Beijing, telling them that maritime territorial disputes needed to be addressed peacefully, not with “intimidation or coercion.”

The new defence pact is a framework agreement that will pave the way for more U.S. troops and ships to rotate through the Philippines, and for the United States to place military hardware on Filipino bases. Mr. Obama said the pact would not result in new U.S. bases in the Philippines but would expand U.S. access to airfields and ports.

EU puts temporary ban on Indian Alphonso mangoes, veggies

The 28-member European Union has temporarily banned the import of Alphonso mangoes, the king of fruits, and four vegetables from India from May 1, sparking protests from the Indian community, lawmakers and traders.

The recent decision by the grouping’s Standing Committee on Plant Health came after 207 consignments of fruits and vegetables from India imported into the EU in 2013 were found to be contaminated by pests such as fruit flies and other quarantine pests.

‘TB test GeneXpert may not be 100 % accurate’

GeneXpert or Xpert MTB/RIF or CBN test being used to diagnose multidrug-resistant tuberculosis has been reported to give inaccurate results. Approximately 35 per cent patient samples gave erroneous results, according to the latest study report submitted by doctors at the All India Institute of Medical Sciences (AIIMS).

The doctors at AIIMS have noted that tests like MGIT Liquid Culture and Molecular test LPA could be more efficient in countries such as India.

There are four tests approved by the World Health Organisation for TB detection -- LED Microscope, Liquid Culture and two molecular tests viz. GeneXpert and Line Probe Assay.

GeneXpert is one of the advanced tests for TB diagnosis. The test report is generated in two to three hours. It also indicates whether the ongoing first line medicine will work for the patient or not. The test is available at AIIMS for patients suffering from drug resistance TB. As the test is costly, it is not available at all the hospitals, but Central TB Division of Ministry of Health is installing GeneXpert in all the referral TB laboratories.

Daily News Compilation (HINDU) for 28th April

Interceptor spot on, though without blast: DRDO

India’s ambitious mission on Sunday to intercept an “enemy” ballistic missile at a altitude of 120 km seems to have achieved only partial success. While the missile technologists of the Defence Research and Development Organisation (DRDO) say the interception did take place and the mission met its “important objectives,” they concede that the warhead in the interceptor missile, which took off from the Wheeler Island, did not explode.

Revisiting the law on remission

• Supreme Court commuted the death sentences of three of the 7 convicts in Rajiv Gandhi's Assassination case in February on account of the long delay in disposing of their mercy petitions to the President.
• Tamil Nadu government ordered release of the convicts after the SC decision.
• Central Government challenged legality of Tamil Nadu government's decision - whether the State government was the appropriate government to invoke the power of remission to convicts who had been prosecuted by the Central Bureau of Investigation but convicted under sections of the Indian Penal Code and some Central laws.
• So a three judge bench was to decide this matter but since they were not reaching an unambiguous verdict so it was decided to constitute a 7 judge bench for the case. This 7 judge bench would decide upon 7 substantial questions.

Justice Lodha sworn in as 41st CJI

• Justice Lodha will have a brief tenure of five months till September 27.
• he said  his top priority would be to appoint judges with impeccable character so that judicial institutions run smoothly.
• He wants the collegium system to be continued but with more transparency and wider consultation.
• On the question of CJI having fixed tenure his views were not in favour of it as a fixed tenure would effect the next member since average tenure of Sc judges is about 4 years.

Ensuring accuracy of rolls

Issue -  several lakh names of voters missing from the electoral rolls in Maharashtra, mainly from the country’s financial capital, Mumbai, in the most recent phase of the 2014 Lok Sabha polls, has raised troubling questions about the efficiency of the process of periodic electoral rolls revision, inclusion of new voters who have attained 18 years of age, and special enrolment drives and camps periodically organised by the election authorities before a general election or byelection. 

Authors views on it :

• technology cannot be a substitute for care, verification and proper supervision of the process. 
• Burgeoning urbanisation, with people frequently shifting residences, or large numbers of migrant workers moving to cities, calls for a great deal of care to ensure that all eligible voters are included.

Solutions offered:

• The process of inclusion and deletion has perforce to be decentralised at the ward level, and the changes made by authorised officials linked to a real-time database that can quickly reflect these changes. This should be possible as the Electors Photo Identity Cards (EPIC) gives a unique number to every registered voter. 
• Address-change verification processes could also be made citizen-friendly: long lists of apparently missing names that are stuck on house doors often go unnoticed.

‘90% of Syria’s chemical weapons destroyed’

Syria still holds around eight per cent of its declared chemical weapons material, as the deadline for it to be handed over expired on Sunday, the task force overseeing the operation said.

Syria also needs to complete the closure or destruction of production and storage facilities. There is a dispute over whether Damascus will have to destroy 12 remaining chemical weapons production sites. Damascus wants to seal the sites, which it says have already been rendered unusable, but Western countries want them completely destroyed.

S. Korean PM resigns citing accident

South Korea’s Prime Minister resigned on Sunday, blaming corruption and “deep-rooted evil” for the sinking of a passenger ferry that left 300 people dead or missing, as anger grows over the bungled response to the tragedy.

Chung Hong-Won admitted he had not been up to the task of overseeing rescue operations after the Sewol capsized with 476 people — many of them schoolchildren — on board.

Judges (Inquiry) Bill 2006, National Court of Appeal and Judicial Appointments Commission

The Judges (Inquiry) Bill 2006

From prsindia.org
The Bill was introduced in the Lok Sabha on December 19, 2006. The Standing Committee on Personnel, Public Grievances, Law and Justice (Chairperson: E. M. Sudarsana Natchiappan) presented its report to the Rajya Sabha on August 17, 2007.

Highlights of the Bill

• The Judges (Inquiry) Bill, 2006 establishes a National Judicial Council (NJC) to conduct inquiries into allegations of incapacity or misbehaviour by High Court and Supreme Court judges.
• The NJC shall consist of the 

>> Chief Justice of India, two Supreme Court judges and two High Court Chief Justices to investigate High Court judges; 

>> or the Chief Justice of India and four Supreme Court judges to investigate Supreme Court judges.

• The NJC shall investigate complaints submitted by 

1. any person, or 

2. upon receiving a reference from Parliament based on a motion moved by 50 Rajya Sabha or 100 Lok Sabha MPs. 

3. It may also entertain complaints from any other source.

• If the allegations are proven, the NJC may impose minor measures or recommend the removal of the judge. Removal of a judge shall be through impeachment by Parliament.
• A judge may appeal to the Supreme Court against his removal or against any minor measures imposed upon him.

Key Issues and Analysis

• The NJC, in consonance with recommendations of the Law Commission, is composed solely of serving members of the Supreme Court and High Court. The Standing Committee has stated that there should be wider participation in the process.

• The Bill allows a judge to appeal his removal before the Supreme Court after impeachment. The Standing Committee has observed that this would undermine the finality of a Presidential Order that should not be challenged.

• The Standing Committee cautioned against an open system of complaints by any person, and suggested an impartial Empowered Committee to filter all complaints before they were investigated by the NJC.

• The Law Commission had stated that the provisions of the Bill, including minor measures, would withstand constitutional scrutiny. While the Standing Committee agreed, it recommended a re-examination of its constitutional validity.

• The inquiry by the NJC is to be in camera, and not in an open court. The Supreme Court had held in a previous case that the judge being investigated had the right to request a public trial.

National Court of Appeal 

Supreme court on 28th Feb sought to know the response of Center and Ministry of Law on establishment of National Court of Appeal with regional branches to decide cases arising from High Courts.

History of the idea

In Bihar Legal Support Society Versus Chief Justice of India a five judge bench in its judgement in 1986 found the establishment of National Court of Appeal ‘most desirable’.

This idea has again come in news due to a PIL filed by Puducherry-based advocate V. Vasantha Kumar seeking direction for the Centre and departments concerned to consider his November 21, 2013 representation for consideration and implementation of the suggestions made by the apex court in a 1986 judgement.

Why are they needed?

1. Geographical proximity and financial status of citizens in the society : These two factors decide ease of access of the SC by citizens. 

Media Reports : of all the cases filed in the Supreme Court, the highest number are from the High Courts in the northern states — 12 per cent from Delhi, 8.9 per cent from Punjab and Haryana, 7 per cent from Uttarakhand, 4.3 per cent from Himachal Pradesh, etc. The lowest figures are from the High Courts located in the South of India- Kerala -2.5 per cent, Andhra Pradesh 2.8 per cent, and 1.1 per cent from Madras High Court.

2. Supreme Court becoming a mere Court of Appeal  = High burden of cases

One of the most eminent lawyers of the Country, Sri. K.K. Venugopal : Apex Court has strayed from its original character as a Constitutional Court and the Apex Court of the country by gradually converting itself into a mere Court of Appeal, ‘which has sought to correct every error which it finds in the judgments of the 21 High Courts of the country’ and mooted the idea of creation of intermediate courts to be created by an amendment to the Constitution for absorbing the vast volume of cases which the Supreme Court of India had been dealing with up till now.

So how will National Court of Appeal help?

1. 1986 judgement : National Court of Appeal would entertain appeals by special leave from the decisions of the High Courts and the Tribunals in the country in civil, criminal, revenue and labour cases and so far as the present apex court is concerned, it should concern itself only with entertaining cases, involving questions of constitutional law and public law. Benefits of this:

• this would lessen the burden on SC

• Would allow the eminent judges of SC to focus on important constitutional matters and that of public law 

• Regional branches of such a National Court of appeal would help in overcoming the geographical barriers issue.

1. SC can have more judges. But this would not solve the problem of geographical proximity.

2. Law Commission of India in its 229th report that four cassation benches be set up- one each in the north, south, east and west, to deal with all appellate work arising out of orders/judgments of the High Courts of the particular region, the request for a Bench of the Supreme Court in South India has not materialized till now. 

Till now everything was from news paper articles. Now my thoughts on the issue(you all can also suggest in comments section)There can be some other solutions such as:

2. SC can have benches in other regions. This would not solve the problem of SC deciding petty issues.

So if we can have more judges in SC + SC benches in other regions + having a strong mechanism to filter out petty cases = problem solved and we won't need:

1. Such a big constitutional amendment to introduce entirely new type of courts.

2. A whole lot of new institutions would be needed.

The Judicial Appointments Commission Bill, 2013

Highlights of the Bills

• The Constitution (120th Amendment) Bill, 2013 amends provisions related to appointment and transfer of judges to the higher judiciary.
• It establishes a Judicial Appointments Commission (JAC) to make recommendations to the President on appointment and transfer of judges to the higher judiciary.  It empowers Parliament to pass a law providing for the composition, functions and procedures of the JAC. 

• The JAC Bill, 2013 states that the JAC shall comprise: 

• The functions of the JAC include making recommendations for appointments of the CJI, SC judges, Chief Justice and other High Court (HC) judges, and transfer of HC judges.

• The current method of appointments has been examined by various bodies including the Law Commission and the Parliamentary Standing Committee.  They vary in the role of the executive and judiciary in making appointments of judges.

• The composition of the JAC has not been included in the Constitution, but has been left for Parliament to decide by law.  This implies that modifying the composition of the JAC would not require a constitutional amendment, but may be altered by a simple majority in Parliament.

• The Standing Committee examining the JAC Bill has recommended that 

• Long delay in delivering, 

• inability to organize time effectively and manage their board efficiently, 

• lack of clarity and clear reasoning in judgments, 

• lack of knowledge of even basic principles of law and 

• lack of ability and willingness to learn, 

• ghost writing of judgments … 

(i) the Chief Justice of India (CJI), 

(ii) two other senior most judges of the Supreme Court (SC), 

(iii) the Union Minister for Law and Justice, and 

(iv) two eminent persons to be nominated by the Prime Minister, the CJI and the Leader of Opposition of the Lok Sabha.
Key Issues and Analysis
(i) the JAC be composed of three eminent persons, 
(ii) the broad parameters for short listing of candidates for HC appointments be laid down in the Bill, and 
(iii) the centre also consider the setting up of state level appointments commissions comprising the Chief Minister, the Chief Justice of HC and the Leader of Opposition.

Source prsindia.org

During my mains preparation I had writtten one answer regarding this. Sharing it with you all:

Q : Does the collegium system of appointment of judges failed in its purpose ?? Discuss in light of Judicial Appointments commission bill ?

Judicial Appointments Commission bill has been put forward by government to scrap the collegium system of appointing judges to Supreme Court and High Court citing it would allow more say for the executive and would also provide much needed transparency in appointments. But we need to evaluate the need and performance of collegium system in order to conclude whether such replacement is needed or not.

Collegium system was adopted in order to prevent attempts by executive to muzzle the judiciary in emergency and post-emergency era. It was to check the erosion of independence of judiciary during that time. But 20 years after the collegium experiment it has been realized that appointment of judges “by the judges” is being perceived as appointment “for the judges”. There is growing evidence that the current system has resulted in incompetent, inefficient, ethically compromised individuals being appointed as judges. Nepotism and favoritism is seen at large. Recently Madras High Court Advocates Association pointed out that the list of names forwarded by collegium appears to be based on extraneous criteria such as caste, religion, office affiliations, political considerations and even personal interests and quid pro quo.

Consequences of appointment of poor quality judges are many: 

This has resulted in eroding respect and confidence in the judicial process.

But it must also be pointed out that independence of judiciary has been put to good use in various cases. It has allowed vigorous judicial scrutiny and oversight of executive misdemeanors in the 2G scam and Coalgate litigations.

Now if we consider the appointment committee being proposed by government then it consists of CJI as its head, two senior-most judges of the Supreme Court, the Law Minister, two eminent jurists nominated by the CJI, PM and the Leader of the Opposition as its member. There are apprehensions that such a committee will again give upper hand to executive and we will regress back to the same situation as before the collegium system.

The real issue thus is not who appoints judges but how they are appointed. Irrespective of whether it is the executive, the judiciary or a Judicial Commission that appoints judges, as long as the process is opaque and appointments are made on personal considerations, we will have variations of the same problem of favoritism, nepotism and appointments on criteria other than merit and capability. The crucial need, therefore, is to evolve objective criteria to assess a candidate and make appointments on the basis of assessments against such stated criteria. We can also think of expanding the catchment area to all three categories given in Article 124(3) as there has never been appointment of distinguished jurists as SC judge whereas countries like US appoint law professors as judges of SC.

Daily News Compilation (HINDU) for 27th April

‘India, Switzerland studying ways to share info on black money’

India and Switzerland are discussing ways of sharing information on specific accounts relating to black money stashed away in the European nation, Finance Minister P Chidambaram said here on Saturday.

In his two-page letter to the Swiss Minister in March, Mr. Chidambaram threatened to drag the European nation to multilateral fora like G20 for continuing to block India's requests.

Mr. Chidambaram also reminded her of the April 2009 declaration adopted by G20 leaders stating that the “era of bank secrecy is over.”

Mr. Chidambaram had said Switzerland did not honour the terms of the Double Taxation Avoidance Agreement between the two nations, under which information about Indians with accounts in Swiss banks has been sought by the tax authorities. 

Two Akash missiles tested

The Indian Air Force on Saturday successfully test-fired two Akash, the ground-to-air missiles, which hit their targets flying 25 km away. While one missile tore apart an incoming target towed by Lakshya, a pilotless target aircraft (PTA), another took apart a receding target, again trailed by Lakshya. The IAF personnel operated the entire Akash system including the targets. The Defence Research and Development Organisation (DRDO) has developed Akash, which is already under production for the IAF and the Army.

SC: Muslim women entitled to maintenance after divorce

In a significant verdict, the Supreme Court has held that a Muslim woman will be entitled to maintenance from her husband even after divorce and she can file an application before a magistrate court.

Quoting an earlier Constitution Bench verdict, a Bench of Justices Dipak Misra and Vikramajit Sen said: “A Muslim husband is liable to make a reasonable and fair provision for the future of the divorced wife which obviously includes her maintenance as well.” Such a reasonable and fair provision extending beyond the iddat period must be made by the husband within the iddat period. His liability, arising from Section 3 of the Muslim Women (Protection of Rights on Divorce) Act to pay maintenance, “is not confined to the iddat period.”

(Iddat is the waiting period after a declaration of divorce.)

Unity govt. will recognise Israel: Abbas

Palestinian President Mahmud Abbas said on Saturday the new unity government he is set to head with the backing of Hamas would reject violence and recognise Israel and existing agreements.

Israel, however, slammed his speech to the Palestine Liberation Organisation’s Central Council as a “coup de grace” to the peace process.

The PLO body had convened to chart a course of action after Israel suspended U.S.-brokered peace talks in response to a reconciliation deal with the Islamist Hamas movement.

The agreement between the rival Palestinian factions came as the U.S. and Israel had hoped to extend the faltering peace talks beyond their April 29 deadline.

Israel said it would not negotiate with a government backed by Hamas, the armed Islamist movement ruling the Gaza Strip, which is pledged to the destruction of the Jewish state and has always rejected peace talks.

G-7 agrees on more sanctions

The United States and its allies have agreed to ramp up pressure on Russia over Ukraine as Kiev’s military crackdown on pro-Russian protesters in the east has stalled.

In a joint statement the Group of Seven nations said they would “move swiftly” on new sanctions against Russia, which “has taken no concrete actions” to implement the Geneva agreement on defusing the Ukraine crisis.

The statement was released by the White House on Friday when it became clear that Kiev’s “anti-terrorist operation” in Ukraine’s southeast had bogged down.

Ukrainian authorities had called off an assault on the insurgents-held city of Sloviansk after Russia launched large-scale war games near the Ukrainian border, vowing to “stop the Ukrainian war machine” from attacking civilians.

Gains against malaria but threat remains

Japan, U.S. back U.N.’s Safe City project in Delhi

Japan and the United States have announced joint support for the U.N. Women’s Safe City Programme in Delhi.

This Programme builds on an ongoing partnership with the Delhi government, U.N. agencies and civil society organisations, especially with Jagori — women’s group. It will help to strengthen the commitment of the Delhi government to women's safety.

The Delhi Programme is a part of U.N. Women’s Safe Cities Global Initiative that spans 17 cities in developing and developed countries. It aims to prevent sexual violence in urban public spaces through strategic alliances with communities, grassroots women, local governments, service providers and safety sector.

Daily News Compilation (HINDU) for 26th April

Politics of identity and location

Author talks about harassment people from the North East have to face in other parts of country. Article is trying to bring forth similar kind of situation in North East India where non-tribal people are discriminated.

• According to the author every second case of discrimination is against a person from Manipur since most of the North Eastern population working in regions like Delhi are from Manipur. This can be attributed to protracted militancy and complete failure of the Manipur government to create meaningful employment for its youth.
• People of the eight north-eastern States are themselves ethnically divided. There are major tribes and minor tribes. The so-called major tribes such as the Nyishis of Arunachal Pradesh or the Ao and Angami tribes of Nagaland lord it over the smaller tribes who live on the peripheries of development because even development is skewed and happens along these ethno-centric fault-lines. 
• It would be erroneous to assume that the people of the eight States are socially homogenous and that they coexist happily with each other. Within the States there are ferments for greater autonomy. For instance, Meghalaya has three major tribes — the Khasi, Jaintia and Garo. The first two are of Mon-Khmer origin and the last a part of the Tibeto-Burman race. The Garos have always felt neglected and have now demanded a separate State. These demands for greater autonomy are not always peaceful.
• And in this horrifyingly complex situation we have the non-tribals who have lived in the region for three to four generations and have contributed their mite to the local economy. In Meghalaya, in the late 1970s, the Khasi Students Union launched an insidious attack on the Bengalis living in Shillong. Their reason for doing so is simplistic — the non-tribals are responsible for all the ills that afflict Khasi society. The next phase of communal violence saw a new set of victims — the Nepali settlers who have also lived in the State since it was a part of Assam, and the Biharis who kept cows and supplied milk to the residents.
• In the latest round of violence when several pressure groups demanded the imposition of an Inner Line Permit (ILP) to enter Meghalaya, along the lines of Nagaland, Mizoram and Arunachal Pradesh, at least two non-tribals were burnt to death. The police have arrested some pro-ILP activists but the case seems weak and the suspects are out on bail. Non-tribals have lost the right to speak up and dissent. They live like third class citizens. Those who survive to do business do so by paying protection money to these different pressure groups. Non-tribals are debarred form buying land in tribal areas after the Land Transfer Act was passed in 1978.

Dealing with ‘wolves’ and ‘beasts’

Article is about the death sentence given to 3 in Shakti Mills gang rape case. Author is against the death penalty and some points raised for his argument are:

• Murder and rape cannot and should not be equated. It would — as women’s activists fear and repeatedly stressed — have a bearing on the further safety of the woman who has been raped. Moreover, this is based on the presumption that rape is indeed the end of life.
• Verma Commission:

“In our considered view…seeking of death penalty would be a regressive step in the field of sentencing and reformation,” the commission said.

“Undoubtedly, rape deserves serious punishment…Rape is very often accompanied by physical injury to the victim and can also inflict mental and psychological damage…However, we believe that such offences need to be graded. There are instances where the victim/survivor…can…overcome the trauma and lead a normal life,” the Commission said.

• Retributive theories of punishment work on the assumption that the crime is a disruption of social harmony, and that this harmony will be restored and justice will be served by visiting an equally strong punishment on the offender. In restoring status quo ante , however, we forget that such status quo is not necessarily harmonious or just.

Where should the judiciary draw the line?

Article is in favour of judicial activism and to analyse where the Court has to draw its Lakshman rekha keeping in view the main aim of judicial activism.

• Indian judiciary has come under the media scanner over the past few months — interventions/ decisions in the imprisoning of Subrata Roy in the SEBI-Sahara dispute; the IPL betting case; the challenge to Section 377 of the IPC; and the most recent diktat on the status of transgenders have evoked a mixed response. What the critics of judicial intervention have, however, missed is the fact that in each of these cases, judicial intervention would have been unnecessary but for legislative/ executive inaction and inefficiency — PRS Legislative Research’s data reveals that 51 per cent and 42 per cent of the available time in the Budget and Monsoon Sessions for the year 2013 was wasted due to disruptions.
• The most common argument against excessive judicial intervention is that judicial activism results in upsetting the balance of power between the executive, legislature and the judiciary. However, such an argument firstly assumes that the legislature and executive are performing their functions efficiently and secondly that the judiciary is incapable of intervening in a manner which helps further the ideals of democracy.
• It is possible for courts to monitor actions of the other limbs of democracy without actually stepping into their shoes. This gets theoretical support from the writings of Professor Roach who argues that the judiciary should not create policies to enforce rights but must require the government to draft its own policy and submit it along with a timetable for execution. The finalization of this plan must be only after the judiciary has heard objections from other interested parties. Once such a policy is framed by a legislature/ executive, it is to be interfered with by the judiciary in a very restrictive manner, using the principle of deference. According to this principle, the judiciary, while evaluating executive/ legislative action (or inaction), should modify the policy framed only when the reasons provided are not reasonable. A court should merely see whether the reasons provided by the executive justify its decision, not whether the court would have reached the same decision. This standard should be applied not only when a policy is tested before the courts but also by courts to see if inaction is justified.
• Mere risk of judicial over-activism cannot be an argument against judicial activism. Judicial activism, keeping in view the ideals of democracy, is, in fact, necessary to ensure that unheard voices are not buried by more influential and vocal voices. Indeed, on most occasions, timely interventions of the judiciary in India — the home of judicial activism — has helped democracy flourish in our country despite repeated failures of the other organs.

Some history of Judicial Activism mentioned:

After playing a largely “interpretative” role in the 1950s and 1960s, the Supreme Court, starting from the 1970s has been the major force standing up against legislative and executive excesses and inactions. Starting from inventing the ‘basic structure’ doctrine to bring constitutional amendments under the judicial scanner to widening the scope of the right to life and liberty, the 1970s and 1980s saw the judiciary play a highly proactive role in ensuring that India develops into a thriving democracy.

The decision in Maneka Gandhi v. Union of India , where it was held a person could be deprived of his right to life only by a law which was just, fair and reasonable; and in Bandhua Mukhti Morcha v. Union of India , where the concept of Public Interest Litigation (PIL) was introduced and the locus standi requirement was diluted, were key game changers which ensured that India did not slide down the slippery slope towards dictatorship.

Preparing for a poor monsoon

One more article on El Nino. New points mentioned are:

• not every El Niño leads to a drought over India. Indeed, an analysis found that the monsoon became deficient in only 43 per cent of the El Niño events that took place between 1880 and 2005. 
• which part of the Pacific warms also influences its impact on the monsoon. El Niño events where the surface waters of the central Pacific heat up have been found to retard the monsoon more than ones where the eastern Pacific warms.
•  favourable conditions in the Indian Ocean can counter any adverse influence from the Pacific. That famously happened in 1997 when, despite an exceptionally strong El Niño, the country enjoyed slightly above average rains. 

Putin’s comments could pose challenge to the Internet

Vladimir Putin gave his clearest signal yet that he aims to break up the global nature of the internet when he branded the network a “CIA project” on Thursday.

The Russian President told a media conference in St. Petersburg that America’s overseas espionage agency had originally set up the internet and was continuing to develop it.

Mr. Putin has long hinted that he wants a Russian-run alternative. The idea of breaking up the internet has gained ground in Germany, Brazil and elsewhere round the world in the light of the revelations by whistle-blower Edward Snowden about the extent to which the U.S. National Security Agency (NSA) has infiltrated Facebook, Skype and other social media.

Appointments and propriety

Article is about the propriety in  appointments to the Lokpal, Naval and Army chief.

Lokpal issue:

Centre informing the Supreme Court that it will not take an immediate decision on the appointment of a chairperson and members of the Lok Pal has brought to an end an unnecessary controversy which began with its calling for a meeting of the selection committee on April 27 and 28.

The meeting was questioned on the following two premises:

1. attempt to make an appointment while the Court is seized of the matter 

2. propriety of an outgoing government doing it

It is only proper that the first Lok Pal of independent India does not start his or her tenure under a cloud of procedural controversies. There are practical issues too. With Chief Justice P. Sathasivam’s retirement and the constitution of a new government, a new-look selection committee will take charge. It should be the task of the new committee to deal with the issues.

Army and Naval Chief:

On the other hand, just as a new Chief of the Naval Staff was appointed after the electoral process had begun, after referring the matter to the Election Commission, the process of appointment of the Chief of the Army Staff has been cleared by the Commission. In the case of the Navy, there had been a vacancy at the top for some weeks, but the Army chief would be retiring in June. It has been a longstanding practice to appoint a successor two months before a chief lays down office. A former Army chief and the BJP have reservations about a likely candidate, that need to be considered. Here the main issue is suitability, not timing, and unless there are concerns over conduct and professional responsibility — which the government would be in the best position to judge in this case — the normal criteria combining seniority and merit must be applied

China pledges support for Sri Lanka

Amid growing concern in New Delhi over the increasing presence of China in Sri Lanka, visiting Vice Foreign Minister of China Liu Zhenmin on Thursday said: “Sri Lanka will always find a friend in China.”

At a meeting with President Mahinda Rajapaksa, Mr. Liu said: “We will continue to support Sri Lanka in the [United Nations Human Rights Council (UNHRC)] and the [United Nations Security Council (UNSC)].”

China, in the last decade, has invested heavily in Sri Lanka’s infrastructure. In August 2013, a massive Chinese-built port, at a cost of $ 500 million, opened in Colombo, about a year after another deep-sea port in Hambantota, funded and built by the Chinese became operational.

India, China to deepen naval ties after landmark exercise

As the Indian Navy’s INS Shivalik prepared to leave Qingdao port on Friday after a six-day stay in China, both countries declared that the missile frigate’s visit had gone a long way in deepening strategic trust between two navies that are increasingly coming into contact on the high seas.

Officials on both sides said the Shivalik’s visit and participation at the People’s Liberation Army Navy’s (PLAN) 65th anniversary celebrations – marked by first-ever maritime exercises involving 7

nations in China – had sent a strong signal of India’s keenness to deepen navy-to-navy links with China.

Rajiv case: seven questions for the Constitution Bench

A five-judge Constitution Bench of the Supreme Court will decide the fate of the seven convicts in the Rajiv Gandhi assassination case.

A three-judge bench headed by Chief Justice P. Sathasivam, while referring the matter to a larger bench, took into consideration the submissions of the Centre that the Tamil Nadu government’s decision to remit the sentence of the seven convicts was “illegal and without jurisdiction.”

“The State government is not the appropriate government in the present case and it has no role to play in it at any stage,” the Centre said. The State, however, maintained that the authority to exercise the power of remission in such special cases vested with the “appropriate government” even after the court commuted the death sentence to life imprisonment. The order did not bar any further exercise of commutation/remission power by the executive under the Constitution or under the Criminal Procedure Code (CrPC).