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  • 05 Nov 2021
  • 37 min read
Indian Polity

All India Judicial Service

Why in News

The central government is preparing to give a fresh push to the establishment of an All India Judicial Service (AIJS) on the lines of the central civil services.

Key Points

  • About:
    • The AIJS is a reform push to centralise the recruitment of judges at the level of additional district judges and district judges for all states.
    • In the same way that the Union Public Service Commission conducts a central recruitment process and assigns successful candidates to cadres, judges of the lower judiciary are proposed to be recruited centrally and assigned to states.
  • Previous Proposals:
    • The AIJS was first proposed by the 14th report of the Law Commission in 1958.
      • A statutory or constitutional body such as the UPSC to conduct a standard, centralised exam to recruit and train judges was discussed.
    • The idea was proposed again in the Law Commission Report of 1978, which discussed delays and arrears of cases in the lower courts.
    • In 2006, the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice in its 15th Report backed the idea of a pan-Indian judicial service, and also prepared a draft Bill.
  • Supreme Court’s Stand:
    • In 1992, the Supreme Court (SC) in All India Judges’ Association v. The Union of India directed the Centre to set up an AIJS.
    • In a 1993 review of the judgment, however, the court left the Centre at liberty to take the initiative on the issue.
    • In 2017, the SC took suo motu cognizance of the issue of appointment of district judges, and mooted a Central Selection Mechanism.
      • Senior advocate Arvind Datar, who was appointed amicus curiae (friend of the court) by the court, circulated a concept note to all states in which he recommended conducting a common examination instead of separate state exams.
      • Based on the merit list, High Courts would then hold interviews and appoint judges. Datar submitted that this would not change the constitutional framework or take away the powers of the states or High Courts.
  • Benefits of AIJS:
    • Efficient Judiciary: It will ensure an efficient subordinate judiciary, to address structural issues such as varying pay and remuneration across states, to fill vacancies faster, and to ensure standard training across states.
    • Ease of Doing Business: The government has targeted the reform of lower judiciary in its effort to improve India’s Ease of Doing Business ranking, as efficient dispute resolution is one of the key indices in determining the rank.
    • Addressing Judges To Population Ratio: A Law Commission report (1987) recommended that India should have 50 judges per million population as against 10.50 judges (then).
      • Now, the figure has crossed 20 judges in terms of the sanctioned strength, but it’s nothing compared to the US or the UK — 107 and 51 judges per million people, respectively.
    • Higher Representation of Marginalised Sections of Society: According to the Government, the AIJS to be an ideal solution for equal representation of the marginalised and deprived sections of society.
    • Attracting Talent Pool: The government believes that if such a service comes up, it would help create a pool of talented people who could later become a part of the higher judiciary
    • Bottoms-Up Approach: The bottoms-up approach in the recruitment would also address issues like corruption and nepotism in the lower judiciary.
  • Criticism:
    • Encroaching States Power: A centralised recruitment process is seen as an affront to federalism and an encroachment on the powers of states granted by the Constitution.
    • Wont Address Unique Issues: This is the main contention of several states, which have also argued that central recruitment would not be able to address the unique concerns that individual states may have.
      • Language and representation, for example, are key concerns highlighted by states.
      • Judicial business is conducted in regional languages, which could be affected by central recruitment.
    • Not Good For Local Reservation: Also, reservations based on caste, and even for rural candidates or linguistic minorities in the state, could be diluted in a central test.
    • Against Separation of Powers: The opposition is also based on the constitutional concept of the separation of powers. A central test could give the executive a foot in the door for the appointment of district judges, and dilute the say that High Courts have in the process.
    • Wont Address Structural Issues: The creation of AIJS will not address the structural issues plaguing the lower judiciary.
      • The issue of different scales of pay and remuneration has been addressed by the SC in the 1993 All India Judges Association case by bringing in uniformity across states.
      • Experts argue that increasing pay across the board and ensuring that a fraction of High Court judges are picked from the lower judiciary, may help better than a central exam to attract quality talent.

Current Appointment Method

  • Articles 233 and 234 of the Constitution of India deal with the appointment of district judges, and place it in the domain of the states.
  • The selection process is conducted by the State Public Service Commissions and the concerned High Court, since High Courts exercise jurisdiction over the subordinate judiciary in the state.
  • Panels of High Court judges interview candidates after the exam and select them for appointment.
  • All judges of the lower judiciary up to the level of district judge are selected through the Provincial Civil Services (Judicial) exam. PCS(J) is commonly referred to as the judicial services exam.
  • The Appointment of Judges of the Supreme Court and the High Court and the transfer of judges from one High Court to another had to be made in accordance with Articles 124, 217 and 222 of the Constitution of India. The appointment of judges is made by the President in consultation with the Chief Justice and other judges (Collegium System).

Constitutional Provision For Bringing the Change:

  • The 42nd Constitutional amendment in 1976 amended Article 312 (1) empowering Parliament to make laws for the creation of one or more All-India Services, including an AIJS, common to the Union and the States.
    • Under Article 312, Rajya Sabha is required to pass a resolution supported by not less than two-thirds of its members present and voting. Thereafter, Parliament has to enact a law creating the AIJS.
    • This means no constitutional amendment will be required for establishment of AIJS.

Way Forward

  • The insurmountable number of pending cases calls for establishment of a recruitment system that recruits efficient judges in large numbers for speedy dispensation of cases.
  • However, before AIJS gets into the legislative framework, there is a need to build consensus and take a decisive step towards the AIJS.

Source: IE

Indian Economy

PCA Framework Revised

Why in News

Recently, the Reserve Bank of India (RBI) has announced a revised Prompt Corrective Action (PCA) framework.

  • The PCA framework enables supervisory intervention of RBI over Banks at an appropriate time and ensures effective market discipline.

Key Points

  • Revised Framework:
    • Applicability:
      • The framework applies to all banks operating in India, including foreign banks operating through branches or subsidiaries based on breach of risk thresholds of identified indicators.
      • However, payments banks and small finance banks (SFBs) have been removed from the list of lenders where prompt corrective action can be initiated.
        • The new provisions will be effective from January, 2022.
    • Monitored Areas:
      • Capital, Asset Quality and Capital-To-Risk Weighted Assets Ratio(CRAR), NPA ratio, Tier I Leverage Ratio, will be the key areas for monitoring in the revised framework.
      • However, the revised framework excludes return on assets as a parameter that may trigger action under the framework.
    • Invocation of PCA:
      • The breach of any risk threshold may result in the invocation of the PCA. Stressed banks may not be allowed to expand credit/investment portfolios.
        • However, they are allowed to invest in government securities/other high-quality liquid investments.
      • In the case of a default on the part of a bank in meeting the obligations to its depositors, possible resolution processes may be resorted to without reference to the PCA matrix.
    • RBI’s Powers:
      • In governance-related actions, the RBI can supersede the board under Section 36ACA of the Banking Regulation Act, 1949.
      • Amendment to Section 45 of the BR Act enables the Reserve Bank to reconstruct or amalgamate a bank, with or without implementing a moratorium, with the approval of the Central government.
      • The RBI, as part of its mandatory and discretionary actions, may also impose appropriate restrictions on capital expenditure, other than for technological upgradation within Board approved limits, under the revised PCA.
    • Withdrawal of PCA Restrictions:
      • Withdrawal of restrictions imposed will be considered if no breaches in risk thresholds in any of the parameters are observed as per four continuous quarterly financial statements.
  • Prompt Corrective Action:
    • Background: PCA is a framework under which banks with weak financial metrics are put under watch by the RBI.
      • The RBI introduced the PCA framework in 2002 as a structured early-intervention mechanism for banks that become undercapitalised due to poor asset quality, or vulnerable due to loss of profitability.
      • The framework was reviewed in 2017 based on the recommendations of the working group of the Financial Stability and Development Council on Resolution Regimes for Financial Institutions in India and the Financial Sector Legislative Reforms Commission.
    • Objective: The objective of the PCA framework is to enable supervisory intervention at an appropriate time and require the supervised entity to initiate and implement remedial measures in a timely manner, so as to restore its financial health.
      • It aims to check the problem of Non-Performing Assets (NPAs) in the Indian banking sector.
      • It is intended to help alert the regulator as well as investors and depositors if a bank is heading for trouble.
      • The idea is to head off problems before they attain crisis proportions.
    • Audited Annual Financial Results: A bank will generally be placed under the PCA framework based on the audited annual financial results and the ongoing supervisory assessment made by the RBI.

Non Performing Asset:

  • It is a loan or advance for which the principal or interest payment remains overdue for a period of 90 days.
  • Banks are required to classify NPAs further into Substandard, Doubtful and Loss assets.

Capital Adequacy Ratio (CAR):

  • The CAR is a measure of a bank's available capital expressed as a percentage of a bank's risk-weighted credit exposures.
  • The Capital Adequacy Ratio, also known as capital-to-risk weighted assets ratio (CRAR), is used to protect depositors and promote the stability and efficiency of financial systems around the world.

Tier 1 Leverage Ratio:

  • It is the relationship between a banking organization's core capital and its total assets.
  • The tier 1 leverage ratio is calculated by dividing tier 1 capital by a bank's average total consolidated assets and certain off-balance sheet exposures.
    • A leverage ratio is any one of several financial measurements that assesses the ability of a company to meet its financial obligations.Some of the examples are :
      • Equity Ratio: This ratio indicates total owner contribution in the company.
      • Debt Ratio: This ratio indicates total leverage used in the company.
      • Debt To Equity Ratio: This ratio indicates total debt used in the business in comparison to equity.

Source: IE

Biodiversity & Environment

Glasgow Leaders’ Declaration on Forests and Land Use

Why in News

Recently, an ambitious declaration was initiated by the United Kingdom to “halt deforestation” and land degradation by 2030.

Key Points

  • About the Declaration:
    • Integrated Approach: The declaration recognise that to meet our land use, climate, biodiversity and sustainable development goals, both globally and nationally will require transformative further action in the interconnected areas:
      • Sustainable production and consumption.
      • Infrastructure development; trade; finance and investment.
      • Support for smallholders, Indigenous Peoples, and local communities, who depend on forests for their livelihoods and have a key role in their stewardship.
      • To help achieve a balance between anthropogenic greenhouse gas emissions and removal by sinks; to adapt to climate change; and to maintain other ecosystem services.
    • Signatories: The declaration has over 105 signatories including the UK, US, Russia and China.
      • These countries represent 75% of global trade and 85% of global forests in key commodities that can threaten forests – such as palm oil, cocoa and soya.
      • They have also committed USD 12 billion in public funds from 2021-25.
    • Commitment to Multilateral Agreement: It reaffirmed respective commitments to the UN Framework Convention on Climate Change and the Paris Agreement, the Convention on Biological Diversity, the UN Convention to Combat Desertification, the Sustainable Development Goals; and other relevant initiatives.
  • Major Highlights of the Declaration:
    • Conservation: Conserve forests and other terrestrial ecosystems and accelerate their restoration.
    • Sustainable Development: Facilitate trade and development policies, internationally and domestically, that promote sustainable development, and sustainable commodity production and consumption.
    • Building Resilience: Reduce vulnerability, build resilience and enhance rural livelihoods, including through empowering local communities.
    • Recognising Indigenous Rights: The development of profitable, sustainable agriculture, and recognition of the multiple values of forests, while recognising the rights of Indigenous.
    • Financial Commitments: Reaffirm international financial commitments and significantly increase finance and investment from a wide variety of public and private sources.
  • India’s Stand:
    • India, Argentina, Mexico, Saudi Arabia and South Africa are the only G20 countries that did not sign the declaration. The declaration interlinks trade to climate change and forest issues. Trade falls under the World Trade Organization and should not be brought under climate change declarations.
    • India and others had asked the word “trade” to be removed, but the demand was not accepted. Therefore they didn't sign the declaration.
      • The issue of deforestation in India is a hotly contested one. The government has repeatedly said that the tree cover and forest cover in India have increased over the past few years.
      • However, environmentalists have long pointed out that the government is busy diluting existing environmental protections to open them up for mining and other infrastructure projects that will alter the forests, wildlife, and the people living around it forever.

Source: IE

International Relations

16th East Asia Summit

Why in News

Recently, the Prime Minister attended the 16th East Asia Summit (EAS).

Key Points

  • Indo-Pacific:
    • Reaffirmed India’s focus on a free, open and inclusive Indo-Pacific and the principle of “ASEAN Centrality” in the region.
  • Resilient Global Value Chain:
    • Emphasised the importance of a resilient global value chain and reiterated India's commitment to providing Quad-sponsored vaccines to Indo-Pacific countries.
      • Quad countries (India, Japan, Australia and US) are on track to help produce at least 1 billion vaccine doses in India to boost the global supply by the end of 2022.
    • Recalled India’s support of USD1 million to the ASEAN Covid-19 Recovery Fund.
  • Multilateralism:
    • India remained committed to strengthening respect for shared values of multilateralism, rules-based international order, international law and sovereignty and territorial integrity of all nations.
  • Cyber Security:
    • The idea of developing global standards on cyber security has also been raised.
  • Others:
    • The EAS leaders adopted three statements on mental health, economic recovery through tourism, and sustainable recovery, which have been co-sponsored by India.

East Asia Summit

  • About:
    • Established in 2005, it is a forum of 18 regional leaders for strategic dialogue and cooperation on the key political, security, and economic challenges facing the Indo-Pacific region.
    • The concept of an East Asia Grouping was first promoted in 1991 by the then Malaysian Prime Minister, Mahathir bin Mohamad.
    • There are six priority areas of regional cooperation within the framework of the EAS.
      • These are – Environment and Energy, Education, Finance, Global Health Issues and Pandemic Diseases, Natural Disaster Management, and ASEAN Connectivity.
  • Membership:
    • It comprises the ten member states of the ASEAN (Association of Southeast Asian Nations) which are Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam, along with 8 other countries namely Australia, China, Japan, India, New Zealand, the Republic of Korea, Russia and the USA.
      • It is an ASEAN-centred forum so it can only be chaired by an ASEAN member.
        • Brunei Darussalam is the chair for 2021.
  • EAS Meetings and Processes:
    • The EAS calendar culminates in the annual Leaders' Summit, which is usually held alongside ASEAN Leaders' meetings in the fourth quarter of every year.
    • Meetings of EAS Foreign Ministers and Economic Ministers are also held annually.
  • India and EAS:
    • India is one of the founding members of the East Asia Summit.
    • At the East Asia Summit in Bangkok in November 2019, India had unveiled India’s Indo-Pacific Oceans Initiative (IPOI), which is aimed at forging partnerships to create a secure and stable maritime domain.

Source: HT

Social Justice

HPV Vaccine Reducing Cervical Cancer

Why in News

Recently, new research has found that the Human papillomavirus (HPV) vaccine (Cervarix) reduces the risk of Cervical Cancer significantly in women.

  • The results are important because the vaccine was introduced in the 2000s and studies confirming that it is effective against cancer have come up only recently.

Key Points

  • Findings:
    • The Human papillomavirus (HPV) vaccine reduced cervical cancer cases by 87% among women in the U.K. who received the vaccine when they were 12 or 13 years old.
    • It reduced the risk by 34% in women who were aged 16-18 years when they were offered the jab.
    • Over a period of 11 years (since 2006), the vaccine prevented around 450 cervical cancers and around 17,200 cases of precancerous conditions.
  • Cervical Cancer:
    • It is a type of cancer that occurs in the cells of the cervix - the lower part of the uterus that connects to the vagina.
    • Various strains of the Human papillomavirus (HPV) play a role in causing most cervical cancer.
    • When exposed to HPV, the body's immune system typically prevents the virus from doing harm. In a small percentage of people, however, the virus survives for years, contributing to the process that causes some cervical cells to become cancer cells.
    • The HPV vaccine (Cervarix) protects against two of the cancer-causing strains, which are HPV 16 and 18.
  • Human papillomavirus:
    • Human papillomavirus (HPV) is the most common viral infection of the reproductive tract.
    • There are more than 100 types of HPV.
      • More than 40 types of HPV are spread through direct sexual contact.
      • Out of these 40, two cause genital warts, while about a dozen of HPV cause different types of cancer including cervical, anal, oropharyngeal, penile, vulvar and vaginal.
  • Types of HPV Vaccines:
    • Quadrivalent vaccine (Gardasil): It protects against four types of HPV (HPV 16, 18, 6 and 11). The latter two strains cause genital warts.
    • Bivalent vaccine (Cervarix): It protects against HPV 16 and 18 only.
    • Non valent vaccine (Gardasil 9): It protects against nine strains of HPV.
      • These vaccines prevent cervical cancer in women and girls who have not yet been exposed to the virus.
  • Indian Scenario:
    • India is home to 16-17% of the world’s population, globally 27% of total cervical cancer cases are from here.
    • Further, in India about 77% cases of cervical cancer are caused by HPV 16 and 18.
    • In India, bivalent and quadrivalent HPV vaccines were licensed in 2008 and a non valent vaccine was licensed in 2018.
    • Officially, the HPV vaccine has not been recommended for boys and males in India.

Cancer

  • It is a large group of diseases that can start in almost any organ or tissue of the body when abnormal cells grow uncontrollably, go beyond their usual boundaries to invade adjoining parts of the body and/or spread to other organs. The latter process is called metastasizing and is a major cause of death from cancer.
  • A neoplasm and malignant tumor are other common names for cancer.
  • Lung, prostate, colorectal, stomach and liver cancer are the most common types of cancer in men, while breast, colorectal, lung, cervical and thyroid cancer are the most common among women.
  • World Cancer Day is organized by the Union for International Cancer Control (UICC) and celebrated each year on 4th February.
  • Related Indian Initiatives:

Source: IE

Internal Security

New Army Aviation Brigade: LAC

Why in News

Recently, India raised a new army aviation brigade in the eastern sector of Line of Actual Control (LAC) in the Arunachal Pradesh sector.

  • Also, China’s legislature has adopted a new border law that calls on the state and military to safeguard territory and “combat any acts” that undermine China’s territorial claims.
  • The LAC is the demarcation that separates Indian-controlled territory from Chinese-controlled territory. The recent stand-off at Ladakh’s Galwan Valley has escalated due to the infrastructure projects that India has undertaken in recent years.

Key Points

  • About:
    • The new army aviation brigade was raised in March 2021 at Missamari air base, close to Tezpur, Assam and has capabilities such as Advanced Light Helicopters (ALH), US’ Cheetah helicopters and Israel’s Heron drones.
    • While the function of the new brigade is largely for Intelligence, Surveillance and Reconnaissance (ISR) activities of the Army, it has the capability to support the Army for other objectives as well on the LAC.
  • Line of Actual Control (LAC):
    • Demarcation Line: Himachal Pradesh, Uttarakhand, Sikkim and Arunachal Pradesh and the Union Territory of Ladakh share a border with China.
    • Sectors: The LAC is generally divided into three sectors namely: Western sector, Middle sector, and Eastern sector.
      • Eastern Sector: In this sector, India shares a 1346 km long boundary with China.
        • It spans Sikkim and Arunachal Pradesh.
        • The alignment of the LAC in the eastern sector is along the 1914 McMahon Line.
        • China considers the McMahon Line illegal and unacceptable claiming that Tibetan representatives who had signed the 1914 Convention held in Shimla which delineated the McMahon line on the map were not having rights to do so.
        • China claims the entire Arunachal Pradesh as South Tibet.
      • Middle Sector:
        • In this sector, India shares about a 545 km long boundary with China which runs along the watershed from Ladakh to Nepal.
        • Himachal Pradesh and Uttarakhand touch this border with Tibet (China) in this sector. Both sides do not have much disagreement over the border in this area.
      • Western Sector:
        • India shares about 1597 km of border with China. It is between the Union Territory of Ladakh (erstwhile state of Jammu and Kashmir) and Xinjiang Province of China.
        • In this sector, there is a territorial dispute over Aksai Chin. India claims it as part of erstwhile Kashmir, while China claims it is part of Xinjiang.
        • The boundary dispute in the Western Sector pertains to the Johnson Line proposed by the British in the 1860s that extended up to the Kunlun Mountains and put Aksai Chin in the then princely state of Jammu and Kashmir.
          • Independent India used the Johnson Line and claimed Aksai Chin as its own.
        • Eleven of the 23 contested areas on the LAC are identified in Ladakh under the western sector, four in the middle sector and eight in the eastern sector.
          • 23 contested areas were identified by the government through various mechanisms since India first accepted the concept of LAC in 1993.

Source: IE

Important Facts For Prelims

Molnupiravir: A Drug for Covid-19

Why in News

Recently, it is claimed that Molnupiravir, an oral drug, can cut the risk of hospitalisation in Covid-19 patients by half, in phase 3 trials.

  • In India, the Optimus Group recently announced the results of phase 3 clinical trials, which found 91.5% of patients given the drug tested RT-PCR (Reverse Transcription Polymerase Chain Reaction) negative.

Key Points

  • Molnupiravir:
    • It belongs to a class of broad spectrum antiviral drugs called nucleoside analogues.
      • They act by interfering with the function of viral RNA (Ribonucleic Acids) polymerases – which are enzymes that make new viral RNA in infected cells.
      • RNA is a polymer of ribonucleotides and an important biological macromolecule that is present in all biological cells.
        • It is principally involved in the synthesis of proteins, carrying the messenger instructions from Deoxyribonucleic acid (DNA), which itself contains the genetic instructions required for the development and maintenance of life.
    • It works by causing viruses to make errors when copying their own RNA, introducing mutations that inhibit replication.
  • Mechanism:
    • These drugs work by preventing the process of replication of the virus inside human cells.
      • A virus is a biological agent that can self-replicate inside a host cell. The infected cells by viruses may produce thousands of new copies of the original virus at an extraordinary rate.
    • It alters critical enzymes that were necessary to the virus for replicating in the human body cells.
      • As of now, the Emergency Use Authorization is awaited for the drug but currently, it can be administered as a pill in a 5-day regimen.

Source: IE

Important Facts For Prelims

National Sports Awards 2021

Why in News

Recently, the Ministry of Youth Affairs & Sports announced the National Sports Awards 2021.

  • The National Sports Awards of India comprise six different awards given to sportspersons of India by the Central Government.

Key Points

  • About:
    • Major Dhyan Chand Khel Ratna Award:
      • Formerly known as the Rajiv Gandhi Khel Ratna, it is the highest award bestowed to a sports person in India and was instituted in the year 1991-1992.
      • It is given for the spectacular and most outstanding performance in the field of sports by a sportsperson over a period of the previous four years.
      • It comprises a medallion, a certificate, and a cash prize of Rs 25 lakh.
    • Arjuna Award:
      • It was instituted in 1961 by the Government of India to recognise outstanding achievement in national sports events.
      • It is given for good performance over a period of previous four years and showing qualities of leadership, sportsmanship and a sense of discipline.
      • The award carries a cash prize of Rs 15 lakh, a bronze statue of Arjuna and a scroll of honour.
    • Dronacharya Award:
      • It was instituted in 1985 by the Government of India to recognise excellence in sports coaching.
      • It is given to coaches for doing outstanding and meritorious work on a consistent basis and enabling sportspersons to excel in International events.
      • It carries a cash prize of Rs 15 lakh, a bronze statue of Dronacharya and a scroll of honour.
    • Dhyan Chand Award:
      • It was instituted in the year 2002 and comprises a Dhyan Chand statuette, a cash prize of Rs 10 lakh, a certificate and a ceremonial dress.
      • It is given to honour sportspersons who have contributed to sports by their performance and continue to contribute to promotion of sports events after their retirement.
    • Maulana Abul Kalam Azad Trophy:
      • It was instituted in the year 1956-1957.
      • It is for university-level sports performances.
      • It is given to a university for "top performance in the inter-university tournaments" over the period of the last one year.
    • Rashtriya Khel Protsahan Puruskar:
      • It was instituted in the year 2009
      • It is given to corporate entities (both in private and public sector), sports control boards, NGOs including sports bodies at the State and National level who have played a visible role in the area of sports promotion and development.
  • Government Initiatives for Sports Development:

Source: PIB

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