Reforming India's Undertrial Bail System

For Prelims: Supreme Court of India, Bail, Types of Bail

For Mains: Protection of Fundamental Rights in Criminal Justice Process, Judiciary, Constitutional Protection, Types of Bail, Undertrial incarceration

Source: TH

Why in News?

The Supreme Court of India's acknowledgement in the case of Satender Kumar Antil vs Central Bureau Of Investigation, 2022, highlights the inefficacy of India's bail system and its role in exacerbating the crisis of undertrial incarceration.

• This recognition underscores the pressing need for reforming bail laws to address systemic challenges within the criminal justice system.

What are the Concerns Regarding India's Bail System?

• High Undertrial Population:
  • Over 75% of India’s prison population comprises undertrials, indicating a significant problem with the bail system.
    • An undertrial prisoner is someone who is accused of a crime but has not been convicted. They are kept in judicial custody, while their case is being heard in court.
  • The overcrowding rate in Indian prisons is at 118%, reflecting systemic issues within the criminal justice system.
• Bail Adjudication:
  • Bail adjudication relies heavily on court discretion, considering the specifics of each case.
  • The Supreme Court provides guidelines for this discretion, emphasising the need for granting bail but also allowing denial based on factors like the gravity of the offence and the likelihood of absconding.
    • Courts often lean towards denying bail or imposing strict conditions, despite the guidelines advocating for bail release.
    • Courts frequently do not provide reasons for denying bail, leaving the rationale behind decisions unclear.
  • Marginalised individuals are disproportionately affected by these broad exceptions, facing either bail denial or stringent conditions.
• Challenges in Bail Compliance:
  • Many undertrials stay in prison even after receiving bail due to difficulties in meeting bail conditions.
    • Lack of resources to arrange money or property and find local sureties are major obstacles to compliance.
    • Other factors such as lacking residence and identity proof, being abandoned by family, and struggling to navigate the court system also hinder compliance.
  • Supporting undertrials in meeting bail conditions and ensuring court appearances is crucial, especially for those facing structural disadvantages.
  • Existing bail laws fail to address these challenges adequately.
  • Data from the Fair Trial Programme (FTP) in Yerwada and Nagpur shows that Existing bail laws fail to address these challenges adequately.
    • In 14% of cases, undertrials couldn't comply with bail conditions, resulting in continued imprisonment.
    • In almost 35% of cases, it took over a month after bail was granted for undertrials to meet bail conditions and secure release.
• Lack of Safeguards:
  • The Supreme Court emphasises the importance of safeguards against arbitrary arrest to reduce the need for seeking bail.
    • Arbitrary arrest and detention is the arrest or detention of a person without evidence of a crime or proper due process.
  • However, these safeguards often exclude many individuals from disadvantaged backgrounds, who make up the majority of undertrial prisoners.
  • Data from the FTP highlights this issue: of the undertrials (2,313) represented by the FTP, 18.50% were migrants, 93.48% did not own any assets, 62.22% did not have any contact with family, and 10% had a history of previous incarceration.
    • This data indicates a significant portion unjustifiably excluded from arrest protections, contributing to the high number of undertrials in prisons.
• Flawed Assumptions:
  • Current bail system assumes all arrested individuals can afford bail or have influential social connections.
    • It believes financial risk is necessary to ensure the accused appears in court.
  • This contradicts the principle of "bail not jail," which aims to release individuals awaiting trial.
  • Thus there is a need for reforming the bail system, however, reforms should be based on understanding the problem through empirical evidence.

Note

• The Fair Trial Programme (FTP) is a criminal justice initiative based at the National Law University in Delhi. The FTP's goal is to ensure fair trials for undertrial prisoners.
  • The FTP trains and mentors young professionals, such as lawyers and social workers, to collaborate with the State Legal Services Authority.

Police Custody And Judicial Custody

• Police custody means the accused is held by the police in a lock-up to prevent tampering with evidence or influencing witnesses after an FIR is filed for a cognizable offence.
• Judicial Custody means an accused is in the custody of the concerned Magistrate. It is for serious offences, where the court may detain the accused to prevent tampering with evidence or witnesses after the police custody period ends.

Aspect	Police Custody	Judicial Custody
Custody Location	Lock-up of a police station or with investigating agency	Jail under custody of Magistrate
Appearance before Court	Within 24 hours before the concerned Magistrate	Until there is an order from the Court for bail
Commencement	At the time of arrest by a police officer after receiving a complaint or filing an FIR	After public prosecutor satisfies the court that the custody of the accused is necessary for investigation
Maximum Duration	24 hours (extendable to 15 days by the appropriate Magistrate)	90 days for offences punishable with life imprisonment, death, or imprisonment for not less than ten years; 60 days for other offences

Way Forward

• Revise bail laws to ensure they are fair and equitable for all individuals, regardless of socio-economic status. Consider amendments to address systemic issues contributing to the high undertrial population.
• The Supreme Court recommends the enactment of special bail legislation akin to the Bail Act of the UK.
  • This legislation would establish a general right to bail and define clear criteria for bail decisions. It aims to reduce reliance on monetary bonds and sureties.
• Legal aid and support should be provided to undertrial prisoners for bail compliance and court appearances.
• Ensure safeguards against arbitrary arrest are inclusive and accessible to all individuals, particularly those from disadvantaged backgrounds.
• Establish support programs to assist undertrials in meeting bail conditions, including access to legal aid, financial assistance, and social support services.
• Foster collaboration among government agencies, legal institutions, civil society organisations, and community groups to develop holistic approaches to bail reform.
• Establish mechanisms for ongoing monitoring and evaluation of bail reform initiatives to assess their effectiveness and identify areas for improvement.

Legal Insights: Satender Kumar Antil Case

https://www.drishtijudiciary.com/en

Dispute over the Shanan Hydropower Project

For Prelims: Shanan hydropower project, Supreme Court, Hydropower project, Punjab Reorganization Act, 1966

For Mains: Importance of hydropower projects in advancing India's development.

Source: IE

Why in News?

Recently, the central government ordered that the status quo be maintained on the Shanan hydropower project, over which Punjab and Himachal Pradesh have made competing claims.

• Punjab has moved the Supreme Court over this issue.

What is the Shanan Project and the Claims of Different Parties over it?

• Historical Background:
  • During the British era in 1925, Punjab was granted a lease for the 110-MW hydropower project situated in Jogindernagar, Mandi district of Himachal Pradesh on river Uhl, a tributary of the Beas River.
  • Lease Agreement:
    • The lease agreement was formalised between Raja Joginder Bahadur, the ruler of Mandi at the time, and Col BC Batty, who represented the British government and served as the Chief Engineer of Punjab.
  • Project Utility:
    • The hydropower project served the energy needs of the undivided Punjab and Delhi before India gained independence.
      • Following the partition, the supply to Lahore was halted, and the transmission line was terminated at Verka village in Amritsar.
  • Legal Control under Punjab Reorganisation Act, 1966:
    • During the reorganisation of states in 1966, the hydropower project was transferred to Punjab, as Himachal Pradesh was then designated as a Union Territory.
      • Punjab was officially allocated the project through a central notification issued on 1^st May 1967, by the Union Ministry of Irrigation and Power.
    • The notification specified that Punjab's legal control over the project was governed by the provisions outlined in the Punjab Reorganisation Act, 1966.
• Claim of Himachal Pradesh:
  • Before the lease of 1925, which granted the project to Punjab, Himachal Pradesh had both ownership and operational rights over the project.
    • The 1925 lease only granted operational rights to Punjab for a specific period and not ownership rights.
  • In the past few years, Himachal Pradesh has contended that the project should stay with it once the lease ends.
  • The Himachal Pradesh government has raised concerns, alleging that the project is in a deteriorating condition due to a lack of repair and maintenance by Punjab.
  • The Chief Minister of Himachal Pradesh had stated that they would not allow Punjab to stake claim on the project after the lease period and wrote to his Punjab counterpart last year and also took up the issue with the Union Ministry of Power.
• Claims of Punjab:
  • Ownership and Possession Claim:
    • Punjab has presented its case in the Supreme Court, asserting that it is the rightful owner and in lawful possession of the Shanan Power House Project under the central notification of 1967.
    • The state government, through the Punjab State Power Corporation Ltd (PSPCL), currently exercises control over all assets associated with the project.
  • Legal Action Requested:
    • Under Article 131 the government of Punjab has requested a "permanent Prohibitory Injunction" from the Supreme Court.
    • This injunction is sought to prevent the Himachal Pradesh government from interfering with the "lawful peaceful possession and smooth functioning" of the Project.
• Interim Measure Ordered by the Centre:
  • A day before the conclusion of the 99-year-old lease agreement, the Central government intervened by issuing an order to maintain the status quo on the Project. This measure was implemented to ensure the continuous operation of the project.
  • The directive was issued by the Ministry of Power. It invoked the powers vested under Sections 67 and 96 of the Punjab Reorganisation Act, 1966, in conjunction with Section 21 of the General Clause Act, 1887.

Inter-State River Water Disputes:

• Inter-State Water Dispute (ISWD) Act, 1956: In case, a particular state or states approach the Centre for the constitution of the tribunal, the Central Government should try to resolve the matter by consultation among the aggrieved states. In case, if it does not work, then it may constitute the tribunal.
  • The Inter-State Water Dispute Act, 1956 was amended in 2002, to include the major recommendations of the Sarkaria Commission.
  • The amendments mandated a one-year time frame to set up the water disputes tribunal and also a 3-year time frame to give a decision.

UPSC Civil Services Examination Previous Year Questions (PYQs)

Prelims

Q. Consider the following rivers: (2014)

1. Barak
2. Lohit
3. Subansiri

Which of the above flows/flow through Arunachal Pradesh?

(a) 1 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3

Ans: (b)

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Mains

Q. Constitutional mechanisms to resolve the inter-state water disputes have failed to address and solve the problems. Is the failure due to structural or process inadequacy or both? Discuss. (2013)

New Rocket Launchport in Tamilnadu

For Prelims: New Rocket Launchport in Tamilnadu, Indian Space Research Organisation (ISRO), Satish Dhawan Space Centre (SDSC) SHAR (Sriharikota Range), Small Satellite Launch Vehicle (SSLV).

For Mains: New Rocket Launchport in Tamilnadu, Achievements of Indians in science & technology.

Source: IE

Why in News?

Recently, the Indian Prime Minister laid the foundation stone of the second rocket launchport of the Indian Space Research Organisation (ISRO) at Kulasekarapattinam in Tamil Nadu.

What is the Need for a New Launchport?

• Capacity and Overburdening:
  • The opening of the space sector to private players is expected to lead to a significant increase in commercial launches.
  • This surge in demand could potentially overwhelm existing launch facilities, such as the Satish Dhawan Space Centre (SDSC) SHAR (Sriharikota Range) in Sriharikota.
  • Therefore, establishing a new launch port ensures that there is sufficient capacity to accommodate the increased number of launches without overburdening existing facilities.
• Diversification of Launch Services:
  • By dedicating the SDSC SHAR primarily for bigger and heavy-lift-off missions, and creating the Kulasekarapattinam launchport for smaller payloads, the ISRO can diversify its launch services.
  • This specialisation allows for more efficient utilization of resources and infrastructure tailored to specific mission requirements.
• Support for Private Players:
  • The establishment of a new launchport provides private players with dedicated infrastructure to develop space-qualified subsystems, build satellites, and launch vehicles.
  • This encourages private investment and participation in the space sector, fostering innovation and competition.

What is the Significance of Kulasekarapattinam Launchport?

• Geographical Advantage:
  • Geographically, scientifically, and strategically, the Kulasekarapattinam launchport provides a natural advantage to ISRO’s future launches pertaining to the Small Satellite Launch Vehicle (SSLV).
  • Allowing a direct southward and smaller launch trajectory for the lightweight SSLVs carrying less fuel, the Kulasekarapattinam facility will boost ISRO’s attempts to enhance payload capacities.
• Optimised Trajectory:
  • Launches from Kulasekarapattinam can follow a straight southward flight path, as opposed to the longer trajectory followed by launches from the Satish Dhawan Space Centre (SDSC) SHAR, which necessitates skirting eastwards around Sri Lanka (dogleg manoeuvring).
  • This optimised trajectory minimises fuel consumption, particularly crucial for SSLVs with limited onboard fuel capacity.
• Equatorial Location:
  • Like the SDSC SHAR, Kulasekarapattinam is also situated near the equator.
  • Launch sites near the equator benefit from the Earth's rotation, which imparts a significant velocity boost to rockets during liftoff.
  • This boost in velocity allows for increased payload capacity, particularly advantageous for missions aiming for geostationary orbit.

What is a Small Satellite Launch Vehicle?

• About:
  • Small Satellite Launch Vehicle (SSLV) is a three stage Launch Vehicle configured with three Solid Propulsion Stages and a liquid propulsion-based Velocity Trimming Module (VTM) as a terminal stage.
    • SSLV is capable of launching 500kg satellites in 500km planar orbit from Satish Dhawan Space Centre (SDSC).
      • A planar orbit, also known as a low Earth orbit (LEO), is an orbit around the Earth that lies close to the Earth's equatorial plane. In this type of orbit, the satellite's path forms a relatively flat plane around the Earth..
• Key Features:
  • Low cost,
  • Low turn-around time,
  • Flexibility in accommodating multiple satellites,
  • Launch demand feasibility,
  • Minimal launch infrastructure requirements, etc.
• Significance:
  • The Era of small satellites:
    • Earlier, the bigger satellite payloads were given importance, but as the sector grew many players emerged like Businesses, government agencies, universities, and laboratories began to send satellites.
      • Mostly all of them fall in the category of small satellites.
  • The Rise in Demand:
    • The demand for the launch of small satellites has increased at a rapid pace in the last eight to ten years, due to the ever-growing need for space-based data, communication, surveillance, and commerce.
  • Saves cost:
    • Satellite manufacturers and operators do not have the luxury of waiting months for space on a rocket or paying exorbitant trip charges.
      • Therefore, Organizations are increasingly developing a constellation of satellites in space.
      • Projects like SpaceX's Starlink and One Web are assembling a constellation of hundreds of satellites.
    • Business Opportunity:
      • With the rise in demand, the rockets could be launched frequently with less cost, this provides a business opportunity for space agencies like ISRO to tap the potential of the sector as most of the demand comes from companies that are launching satellites for commercial purposes.
• Journey of SSLV:
  • In August 2022, the first SSLV mission (SSLV-D1) encountered failure when it attempted to deliver two satellites, EOS-02 and AzaadiSat.
  • However, six months later, in February 2023, ISRO succeeded with its second attempt, SSLV-D2.
    • The rocket effectively placed three satellites into a 450 km circular orbit after a 15-minute journey. Both launches took place from SHAR.

What are the Features of SHAR?

• SHAR is situated along the east coast of Andhra Pradesh and is located 80 km off Chennai.
  • It currently provides launch infrastructure to all ISRO missions.
• It is equipped with a solid propellant processing setup, static testing, and launch vehicle integration facilities, telemetry services, tracking and command network to oversee the launch, and a mission control centre.
• SHAR has two launch complexes that are routinely used to launch the Polar Satellite Launch Vehicle (PSLV), the Geosynchronous Space Launch Vehicle (GSLV) and the Geosynchronous Satellite Launch Vehicle Mk-III (renamed as LVM3).
• The maiden launch of the First Launch Pad, built in the early 1990s, was in September 1993.
• Operational since 2005, the Second Launch Pad saw its maiden launch in May 2005.

UPSC Civil Services Examination Previous Year Question (PYQ)

Prelims

Q. With reference to India’s satellite launch vehicles, consider the following statements: (2018)

1. PSLVs launch the satellites useful for Earth resources monitoring whereas GSLVs are designed mainly to launch communication satellites.
2. Satellites launched by PSLV appear to remain permanently fixed in the same position in the sky, as viewed from a particular location on Earth.
3. GSLV Mk III is a four-staged launch vehicle with the first and third stages using solid rocket motors; and the second and fourth stages using liquid rocket engines.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 and 3
(c) 1 and 2
(d) 3 only

Ans: (a)

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Mains

Q. What is India’s plan to have its own space station and how will it benefit our space programme? (2019)

Penicillin G and PLI Scheme

For Prelims: Production Linked Incentive (PLI) scheme, Active Pharmaceutical Ingredient (API), Self-reliance, Covid-19,

For Mains: Penicillin G and PLI Scheme, PLI Scheme -Significance and Issues.

Source: IE

Why in News?

India will start manufacturing the common antibiotic Penicillin G in 2024, three decades after India’s last plant shut down. This is one of the successes of the government’s Production Linked Incentive (PLI) scheme launched during Covid-19 to promote domestic manufacturing.

• Penicillin G is the Active Pharmaceutical Ingredient (API) used in manufacturing several common antibiotics.
• APIs, also called bulk drugs, are significant ingredients in the manufacture of drugs. The Hubei province of China is the hub of the API manufacturing industry.

Why did Penicillin Manufacturing Stop in India?

• Closure of Manufacturing:
  • Penicillin G, along with numerous other active pharmaceutical ingredients (APIs) manufactured in India, faced discontinuation due to the influx of competitively priced Chinese alternatives flooding the market.
  • During the 1990s, at least five companies were engaged in the production of Penicillin G within the country. However, the significantly lower prices of Chinese counterparts rendered Indian manufacturers economically nonviable, leading to the closure of their operations.
    • Many sizable manufacturing plants had to be liquidated for scrap.
  • Additionally, the Drug Prices Control Order, which enforced price caps on essential medicines, further incentivized the adoption of cheaper imported products.
    • For Example, India initially sold Paracetamol at approximately Rs 800 per kilogram, but the entry of Chinese competitors slashed prices to nearly Rs 400 per kilogram, rendering domestic production economically unviable..
• Delay in Revival:
  • Previously, there was little urgency to revive Penicillin manufacturing domestically, as cheaper alternatives were readily available in the global market.
  • The disruption in the supply chain during the pandemic served as a wake-up call, highlighting the necessity for self-reliance.
    • Consequently, the government initiated the PLI scheme to bolster domestic manufacturing.
  • The substantial initial costs pose a significant barrier, particularly fermented ones like Penicillin G, requiring considerable capital investment, with profitability often taking years to achieve.
  • Moreover, China has already emerged as a dominant supplier, having significantly expanded its manufacturing capabilities over the past three decades.
  • To compete with their prices would necessitate substantial investments in larger facilities.
• Impact of PLI Schemes:
  • There has been a significant decrease in API imports following the implementation of the PLI scheme.
    • For example, paracetamol, the imports have halved compared to pre-pandemic levels.
  • However, despite this decline, a substantial portion of APIs, particularly for antibiotics, is still imported, highlighting the need for further development in domestic API manufacturing.
  • The PLI scheme offers incentives, including a 20% support for the first four years, 15% for the fifth year, and 5% for the sixth year for fermentation-based bulk drugs like antibiotics, enzymes, and hormones such as insulin.
    • These drugs, which involve fermentation in their production process, are considered more challenging to manufacture.
    • Additionally, chemically synthesised drugs are eligible for a 10% incentive over six years on eligible sales.

What is the Production Linked Incentive Scheme (PLI)?

• About:
  • The PLI scheme was conceived to scale up domestic manufacturing capability, accompanied by higher import substitution and employment generation.
  • Launched in March 2020, the scheme initially targeted three industries:
    • Mobile and allied Component Manufacturing
    • Electrical Component Manufacturing and
    • Medical Devices.
  • Later, it was extended to 14 sectors.
  • In the PLI scheme, Domestic and Foreign companies receive financial rewards for manufacturing in India, based on a percentage of their revenue over up to five years.
• Targeted Sectors:
  • The 14 sectors are mobile manufacturing, manufacturing of medical devices, automobiles and auto components, pharmaceuticals, drugs, specialty steel, telecom & networking products, electronic products, white goods (ACs and LEDs), food products, textile products, solar PV modules, advanced chemistry cell (ACC) battery, and drones and drone components.
• Incentives Under the Scheme:
  • The incentives given, are calculated on the basis of incremental sales.
    • In some sectors such as advanced chemistry cell batteries, textile products and the drone industry, the incentive to be given will be calculated on the basis of sales, performance and local value addition done over the period of five years.
  • The emphasis on R&D investment will also help the industry keep up with global trends and remain competitive in the international market.
• Success in Smartphone Manufacturing:
  • In FY 2017-18, mobile phone imports were USD 3.6 billion, while exports were a mere USD 334 million, resulting in a -USD 3.3 billion trade deficit.
  • By FY 2022-23, imports reduced to USD 1.6 billion, while exports surged to nearly USD 11 billion, yielding a positive net exports of USD 9.8 billion.

UPSC Civil Services Examination, Previous Year Questions (PYQs)

Q. Consider, the following statements: (2023)

Statement-I: India accounts for 3.2% of global export of goods.

Statement-II: Many local companies and some foreign companies operating in India have taken advantage of India's ‘Production-linked Incentive’ scheme.

Which one of the following is correct in respect of the above statements?

(a) Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I

(b) Both Statement-I and Statement-II are correct and Statement-II is not the correct explanation for Statement-I

(c) Statement-I is correct but Statement-II is incorrect

(d) Statement-I is incorrect but Statement-II is correct

Ans: (d)

Exp:

• According to the recent WTO’S Global Trade Outlook and Statistics report, India accounts for 1.8 % of global exports of goods. Hence, statement 1 is not correct.
• The ‘Production Linked Initiative’ (PLI) scheme offers companies incentives on incremental sales from products manufactured in India. It aims to attract foreign companies to set up units in India while encouraging local companies to expand their manufacturing units, generate more employment, and reduce the country's reliance on imports. Hence, Statement 2 is correct.

Ethical Implications of Judge Resigning for Politics

For Prelims: Ethical Implications of Resignation of a Sitting Judge, Chief Justice of India (CJI), Article 217 of the Constitution, Collegium System.

For Mains: Ethical Implications of Resignation of a Sitting Judge, Evolution of the Collegium System and its Criticism.

Source: IE

Why in News?

Recently, the former Calcutta High Court judge has resigned and joined a political party, sparking a conversation on the propriety of such a move by a judge.

• The concerns raised by the Judge’s resignation from the judiciary to join politics have significant ethical implications that affect the perception of judicial propriety, impartiality, and the integrity of the judiciary.

Note

In 1967, former Chief Justice of India (CJI) Koka Subba Rao resigned three months before he was to retire to contest the presidential election as the Opposition candidate.

• Supreme Court Justice Baharul Islam resigned six weeks before retirement in 1983 to contest the Lok Sabha polls.

What are the Ethical Concerns Related to the Resignation of a Judge for Politics?

• Judicial Impartiality:
  • Judges are expected to remain neutral and make decisions based solely on the facts and the law, without being influenced by personal biases or external pressures.
  • The sitting judge’s decision to join a political party after being involved in controversies raises questions about his impartiality while presiding over cases involving political matters.
  • This undermines public confidence in the judiciary's ability to dispense justice fairly.
• Judicial Independence:
  • Judicial independence is crucial for maintaining the rule of law and democracy.
  • Judges must be free from interference or influence from any outside parties, including political entities.
  • The decision of the judge to align himself with a political party shortly after his resignation/retirement calls into question the independence of his previous judicial decisions and raises concerns about the influence of political considerations on the judiciary's functioning.
• Conflict of Interest:
  • Judges are expected to avoid conflicts of interest and maintain the integrity of the judicial process.
  • His involvement in political activities, particularly after making controversial statements and rulings while on the bench, raises concerns about potential conflicts of interest.
• Public Trust and Confidence:
  • The judiciary relies on public trust and confidence to fulfill its role in society. When judges engage in actions that undermine the perception of judicial integrity and impartiality, it erodes public trust in the entire judicial system.
  • Justice’s transition from the judiciary to active involvement in politics may lead to scepticism and cynicism among the public regarding the judiciary's independence and integrity.
• Issue of Post-Retirement Appointments:
  • Over the years, some retired judges have accepted government posts after retirement. This practice blurs the clear demarcation between the judiciary and the executive.

What is Restatement of Values of Judicial Life 1997?

• The Supreme Court of India adopted the Restatement of Values of Judicial Life in 1997, outlining ethical standards and principles for judges. Some key points from the Restatement include:
  • Impartiality: Justice must not only be done but also be seen to be done. Judges’ behaviour should reaffirm people’s faith in the judiciary’s impartiality.
  • Avoiding Conflicts: Judges should avoid close associations with individual members of the Bar, refrain from hearing cases involving family members who are lawyers, and not enter public debates on political matters.
  • Financial Benefits: Judges should not seek financial benefits unless clearly available and should not speculate in shares or engage in trade or business.
  • Public Gaze: Judges must always be conscious that they are under public scrutiny, and their actions should benefit the high office they occupy.

Post-Retirement Assignments for Judges:

• While the Indian Constitution doesn't explicitly prohibit judges from taking up post-retirement assignments, there have been suggestions for implementing a cooling-off period to mitigate potential conflicts of interest.
• Former CJI R M Lodha recommended a cooling-off period of at least 2 years.
  • Officials who retire from sensitive positions are barred from accepting any other appointment for some time, normally two years.
  • These cooling-off periods in posts are premised on the snapping off of the nexus between previous incumbency and new appointment by the interposition of a sufficient time gap.
• International Practices: Comparatively, in the United States, Supreme Court justices do not retire but hold their positions for life to prevent conflicts of interest.
  • In the United Kingdom, while there is no law preventing judges from taking post-retirement jobs, no judge has done so, reflecting a different approach to the issue of post-retirement roles.

What can be Done to Address Judges Taking Post Retirement Jobs?

• Implement a Cooling-Off Period:
  • Similar to the suggestion of former Chief Justice R M Lodha, there should be a mandatory cooling-off period between a judge's retirement and their eligibility for any post-retirement assignment.
  • This period would help mitigate potential conflicts of interest and ensure impartiality.
• Recommendations of Law Commission:
  • The recommendations of the 14^th Law Commission Report, 1958, highlighted this concern and advocated for a system that ensures financial security to the judges without compromising independence.
• Enhance Judicial Ethics and Standards:
  • Strengthening the ethical guidelines and standards for judges, both during their tenure and post-retirement, can help maintain the integrity and impartiality of the judiciary. Judges should be encouraged to prioritise public trust and confidence in the judiciary over personal interests.
• Increase Transparency:
  • There should be greater transparency in the process of appointing retired judges to post-retirement positions.
  • This includes disclosing the criteria for selection, ensuring open competition for these roles, and making public the reasons behind each appointment.

Conclusion

• The decision of the former judge of Calcutta HC to resign from the judiciary and enter politics raises significant ethical concerns regarding judicial impartiality, independence, conflicts of interest, public trust, and professional responsibility.
• These concerns have far-reaching implications for the integrity and credibility of the judiciary, highlighting the importance of upholding ethical standards in the administration of justice.

UPSC Civil Services Examination, Previous Year Question (PYQ)

Prelims

Q. With reference to the Indian judiciary, consider the following statements: (2021)

1. Any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with the prior permission of the President of India.
2. A High Court in India has the power to review its own judgement as the Supreme Court does.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither I nor 2

Ans: (c)

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Mains

Q. Critically examine the Supreme Court’s judgement on ‘National Judicial Appointments Commission Act, 2014’ with reference to the appointment of judges of higher judiciary in India. (2017)

Subsidy Extension for PMUY

Source: TH

Why in News?

The Union Cabinet extended the subsidy of Rs 300 per 14.2-kg cylinder under the Pradhan Mantri Ujjwala Yojana (PMUY) for up to 12 refills per year till the end of 2024-25.

What is Pradhan Mantri Ujjwala Yojana (PMUY)?

• About:
  • In May 2016, the Ministry of Petroleum and Natural Gas introduced the 'Pradhan Mantri Ujjwala Yojana' (PMUY) to provide clean cooking fuel like LPG to rural and deprived households.
    • This aimed to replace traditional cooking fuels like firewood and coal, which had negative impacts on the health of rural women and the environment.
  • Under Ujjwala 2.0 (Phase-2 of PMUY), a special provision has been made for Migrant Families to avail of new connections using Self-Declaration instead of Proof of Address (PoA) and Ration Card (RC).
• PMUY Benefits:
  • Government provides Rs. 1600 for a 14.2kg cylinder connection or Rs. 1150 for a 5kg cylinder.
  • The PMUY provides a subsidy of Rs 300 per 14.2 kg cylinder of LPG to eligible beneficiaries. This subsidy is available for up to 12 refills per year and is credited directly to the beneficiaries' bank accounts.
  • PMUY beneficiaries receive the first LPG refill and stove (hotplate) free of cost from Oil Marketing Companies (OMCs).
• Phase-I Achievements: Target of 8 crore connections achieved by September 2019.
• Phase-2 (Ujjwala 2.0): Launched in August 2021, the target of 1 crore additional connections achieved in January 2022.
  • Subsequently, the Government decided to release 60 lakh more LPG connections under Ujjwala 2.0 and the target of 1.60 crore under Ujjwala 2.0 connections was achieved in December 2022. Thus taking overall connections under the scheme to 9.6 Crore.
  • The Government of India has approved the release of an additional 75 lakh connections under the PMUY Scheme, taking the overall target to 10.35 Crore, (10.2 Crore has been achieved as of 7th March 2024).

Read more...

UPSC Civil Services Examination, Previous Year Questions (PYQ)

Prelims

Q. According to India’s National Policy on Biofuels, which of the following can be used as raw materials for the production of biofuels? (2020)

1. Cassava
2. Damaged wheat grains
3. Groundnut seeds
4. Horse gram
5. Rotten potatoes
6. Sugar beet

Select the correct answer using the code given below:

(a) 1, 2, 5 and 6 only
(b) 1, 3, 4 and 6 only
(c) 2, 3, 4 and 5 only
(d) 1, 2, 3, 4, 5 and 6

Ans: (a)

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Mains

Q. Access to affordable, reliable, sustainable and modern energy is the sine qua non to achieve Sustainable Development Goals (SDGs).” Comment on the progress made in India in this regard. (2018)

Kerala-Owned OTT Platform

Source: TH

Recently, Kerala has launched a government-owned OTT platform called CSpace, aimed at promoting quality films with artistic and cultural value.

• CSpace, emphasised its role in promoting Malayalam cinema and culture.
  • The platform will only stream films already released in theatres to avoid harming the interests of producers and exhibitors.
• CSpace will be managed by the Kerala State Film Development Corporation (KSFDC), with transparency in profit-sharing and viewer statistics.
• A 60-member curator panel, will select content based on its artistic, cultural, and infotainment merit.

Read More: OTT Platform

EU Fines Apple for Antitrust Violations in App Store

Source: TH

The European Union's recent 1.8 billion euro fine against Apple sheds light on the tech giant's alleged antitrust violations, specifically regarding its treatment of competitors and the imposition of fees within its App Store ecosystem.

• Apple was accused of unfairly favouring its own music streaming service, “Apple Music”, over competitors like Spotify by restricting their ability to inform users about alternative subscription options and by imposing significant fees for in-app purchases.
• The European Commission found that Apple's actions violated European Union antitrust laws, particularly regarding the abuse of its dominant market position and anti-steering provisions that hindered competition.
• The fine underscores the EU's stance against anti-competitive practices and sets a precedent for future tech antitrust cases.
• Apple denies antitrust allegations, stating no evidence of anti-competitive behaviour, and plans to appeal the EU decision.

Read more: Market Monopoly and Laws in India

Mahatari Vandana Yojana

Source: TH

In a move towards women empowerment, the Prime Minister recently launched the Mahatari Vandana Yojana in Chhattisgarh.

• The scheme aims to ensure the economic empowerment of women, provide them with financial security, promote gender equality, and strengthen their decisive role within families.
• All married women above the age of 21 as of 1^st January 2024, including widows, divorced, and deserted women, are eligible to benefit from this scheme.
  • Eligible married women in Chhattisgarh will receive financial aid of Rs 1000 per month through Direct Benefit Transfer (DBT).
• Approximately 70 lakh women are expected to benefit from the Mahatari Vandana Yojana in Chhattisgarh, contributing to their socio-economic upliftment.
• The other initiatives aimed at enhancing women's well-being are the Pradhan Mantri Matru Vandana Yojana, Lakhpati Didi, Jan Dhan Accounts, Mudra Loans, Beti Bachao Beti Padhao and Ujjwala.

Blue Line

Source: FT

Recently, the borders between Israel and Lebanon have been under intensified attack by Hezbollah.

• The border between Israel and Lebanon, known as the "Blue Line," was set by the United Nations in 2000 after Israel withdrew its military from southern Lebanon.
  • It's not an official international border but a demarcation line.
• Originally, it was the boundary established by Britain and France in the 1920s, between Lebanon, Syria and Palestine.
• Hezbollah is a Shia Islamist political party and militant group based in Lebanon. It emerged in the 1980s as a response to the Israeli occupation of southern Lebanon. It is also designated as a terrorist organisation by several countries, including the United States and Israel.

Read More: Israel-Lebanon: Maritime Border Deal

Argentina Withdraws from BRICS Plan

Source: BBC

Recently, Argentina, under the leadership of President Javier Milei, has decided not to join the BRICS bloc of developing economies, despite being scheduled to join.

• Argentina was among six countries invited in August to join the BRICS bloc, which currently consists of Brazil, Russia, India, China, and South Africa.
  • Argentina was set to join on 1^st January 2024.
  • These points highlight Argentina's decision under Milei's leadership to distance itself from the BRICS and align more closely with the United States and Israel, reflecting a shift towards right-wing populism in its foreign policy.
• The initial stage of enlargement involves extending invitations to countries such as Argentina, Egypt, Ethiopia, Iran, Saudi Arabia, and the UAE to join BRICS.
  • More than 40 nations have shown keen interest in becoming members of BRICS.

Read More: 15th BRICS Summit