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DAILY NEWS ANALYSIS

Monthly DNA

15 Oct, 2022

24 Min Read

Appointment of Chief Justice of India (CJI)

GS-II : Indian Polity Supreme court

Appointment of Chief Justice of India (CJI)

  • Justice Dhananjaya Y Chandrachud was recently appointed as India's 50th Chief Justice.

  • He will serve for a period of two years before retiring on November 10, 2024.

Regarding Article 124

  • The procedure for appointing the CJI is not mentioned in the Indian Constitution.
  • The Constitution's Article 124 (1) simply states, "There shall be a Supreme Court of India consisting of a Chief Justice of India."
  • According to Clause (2) of Article 124 of the Constitution, every Supreme Court Judge is appointed by the President.
  • As a result, in the absence of a constitutional provision, the procedure for appointing the CJI is based on convention.

The Convention

  • The outgoing CJI advises his successor to follow a practice that is strictly based on seniority.
  • Seniority, on the other hand, is determined not by age but by the number of years a judge has served on the country's highest court.
  • The role of the government: Except for the Union Law Minister seeking the recommendation of the incumbent CJI before sending it to the Prime Minister, the Central government has no role in the appointment of the CJI.

Who can become India's, Chief Justice?

  • Must be an Indian citizen,
  • the individual must have served as a Judge of a High Court or two or more such Courts in succession for at least five years,
  • or as an advocate of a High Court or two or more such Courts for at least ten years,
  • or as a distinguished jurist in the opinion of the President.

Who appoints the Chief Justice?

  • The President appoints the Chief Justice of India and the other Supreme Court judges under clause (2) of Article 124 of the Indian Constitution.
  • Article 217: When appointing High Court judges, the President is required to consult with the CJI, Governor, and Chief Justice of the High Court in question.
  • Furthermore, CJIs serve until the age of 65, whereas High Court judges retire at the age of 62.

CJI's removal

  • A Supreme Court Judge may be removed only by an order of the President issued after an address by each House of Parliament supported by a majority of the total membership of that House and a majority of not less than two-thirds of the members of that House present and voting.
  • The address was presented to the President in the same session for removal on one of two grounds: proven misbehavior or incapacity.

What is the process for recommending and appointing judges?

  • In the appointment of judges, the more than two-decade-old collegium system is used, with five senior-most Supreme Court and High Court judges serving.
  • The term "collegium" is not mentioned in the constitution, which only mentions presidential consultation.
  • The Intelligence Bureau (IB) conducts a background investigation on the names first proposed for appointment by the collegium.

While the government may object, the collegium will usually prevail.

  • After the collegium's recommendations are finalized and received from the CJI, the Law Minister will forward them to the Prime Minister, who will advise the President on the appointment.

Criticism of the collegium system

  • The main problem with the collegium system is its lack of transparency.
  • The Law Commission of India's 230th report, submitted in 2009, raised the possibility of nepotism.
  • A person who has a close relative or well-wisher who is or has been a judge in the higher courts, a senior advocate, or a political higher-up has a better chance of being promoted.
  • It is not necessary for such a person to be competent, as less competent individuals are sometimes inducted.

Way forward

  • The National Judicial Appointments Commission was proposed as an alternative, with a body for making appointments consisting of the CJI and two senior-most judges, the law minister, and two "eminent" persons chosen by a panel consisting of the Prime Minister, the CJI, and the leader of the largest Opposition party in the Lok Sabha.
  • While the bill was passed by Parliament, it was ultimately overturned by the Supreme Court in 2015.
  • A new alternative with Supreme Court and Government’s proactive cooperation is required to make the appointment more transparent and able to make the judicial system more efficient.

Read Also: Post-retirement Allowances to Supreme Court Judges

Source: The Indian Express

Global Multidimensional Poverty Index (MPI) 2022

GS-III : Economic Issues Poverty

Global Multidimensional Poverty Index (MPI) 2022

  • The United Nations Development Programme (UNDP) and the Oxford Poverty and Human Development Initiative (OPHI) recently released the Global Multidimensional Poverty Index (MPI) 2022.

What are the Index's main highlights?

Global Information:

  • Multidimensional poverty affects 1.2 billion people.
  • Children under the age of 18 accounts for half of the poor (593 million).
  • Sub-Saharan Africa has the poorest people (579 million), followed by South Asia (385 million). Together, the two regions are home to 83% of the poor.

Pandemic Effects:

  • However, the data do not reflect post-pandemic changes.
  • According to the report, the Covid-19 pandemic could halt global poverty reduction progress by 3-10 years.
  • According to the World Food Programme's most recent food security data, the number of people living in food crises or worse increased to 193 million in 2021.

What are the most important findings about India?

Data:

  • India has by far the poorest people in the world, with 22.8 billion, followed by Nigeria with 9.6 billion.
  • Two-thirds of these people live in a household where at least one person is malnourished.

Poverty Reduction:

  • Poverty in the country has decreased from 55.1% in 2005/06 to 16.4% in 2019/21.
  • All ten MPI indicators saw significant reductions in deprivation, resulting in a more than halving of the MPI value and incidence of poverty.
  • During the 15-year period between 2005-06 and 2019-21, 41.5 crore people in India were lifted out of poverty.
  • The improvement in India's MPI has significantly contributed to the reduction of poverty in South Asia.
  • South Asia now has a higher proportion of poor people than Sub-Saharan Africa.

Relative Poverty Reduction:

  • From 2015/2016 to 2019/2021, the relative reduction was faster: 11.9% per year, compared to 8.1% from 2005/2006 to 2015/2016.

  • State performance: Bihar, the poorest state in 2015-16, saw the fastest decrease in MPI value in absolute terms.
  • Bihar's poor percentage fell from 77.4% in 2005-06 to 52.4% in 2015-16 and 34.7% in 2019-21.
  • Bihar's poor percentage fell from 77.4% in 2005-06 to 52.4% in 2015-16 and 34.7% in 2019-21.
  • However, in relative terms, the poorest countries have yet to catch up.
  • Only one of the ten poorest states in 2015/2016 (West Bengal) is still on the list in 2019-21.
  • The remaining states (Bihar, Jharkhand, Meghalaya, Madhya Pradesh, Uttar Pradesh, Assam, Odisha, Chhattisgarh, and Rajasthan) are among the poorest in the country.
  • In India's states and union territories, Goa had the fastest relative reduction, followed by Jammu and Kashmir, Andhra Pradesh, Chhattisgarh, and Rajasthan.
  • Poverty among Children: Although India still has the poorest children in the world, poverty among children has fallen faster in absolute terms.
  • In India, more than one in every five children is poor, compared to one in every seven adults.

Poverty Reduction in the Region:

  • Poverty incidence in rural areas fell from 36.6% in 2015-2016 to 21.2% in 2019-2021, and in urban areas from 9.0% to 5.5%.

What exactly is the Global Multidimensional Poverty Index (GMPI)?

  • The index is a critical international resource that assesses acute multidimensional poverty in over 100 developing countries.
  • It was first introduced in 2010 by the OPHI and the UNDP's Human Development Report Office.
  • The MPI tracks deprivation across ten indicators, including health, education, and standard of living, and includes both the incidence and intensity of poverty.

Read Also: Multidimensional Poverty Index

Source: The Indian Express

One Nation, One Fertilizer’ Scheme

GS-III : Economic Issues PMBJP

One Nation, One Fertilizer’ Scheme

The 'One Nation, One Fertilizer' initiative was recently launched.

More on the 'One Nation, One Fertilizer' initiative

  • The scheme requires all fertilizer companies, State Trading Entities (SMEs), and Fertiliser Marketing Entities (FMEs) to use a single "Bharat" brand and logo under the Pradhanmantri Bhartiya Janurvarak Pariyojna” (PMBJP).

  • The PMBJP logo and the new "Bharat" brand name will cover two-thirds of the front of the fertilizer packet.
  • The single brand name for UREA, DAP, MOP and NPK, etc. would be BHARAT UREA, BHARAT DAP, BHARAT MOP and BHARAT NPK
  • On the remaining one-third space, the manufacturing brands can only display their name, logo, and other information.

The scheme's significance:

  • Standardization: This will standardize fertilizer brands across the country, regardless of who manufactures them.
  • Affordability: The scheme will provide farmers with affordable quality Bharat brand fertilizer.
  • This scheme will lower the cost of fertilizers while increasing their availability.
  • Single branding: With this single branding, competition among companies that push their brands will be reduced, ensuring a sufficient supply of fertilizers across the country.
  • Reduced freight charges: By eliminating the crisscross movement of fertilizers, a single brand name will help to reduce freight charges and transit time.
  • It will also put an end to the diversion of urea for industrial purposes.

Major Issues/Challenges in the Fertilizer Industry

Supply constraints:

  • India is facing a scarcity of fertilizers, particularly phosphatic and potassic nutrients.
  • Retail food inflation has reached 7.68 percent.
  • The difficulties include securing supplies from new sources, more expensive raw materials, and logistics.
  • The pandemic has had an impact on fertilizer production, import, and transportation worldwide.

Global concerns:

  • Due to a drop in production, major fertilizer exporters such as China have gradually reduced their exports.
  • This has had an impact on countries such as India, which imports 40-45% of its phosphates from China.
  • Demand has increased in regions such as Europe, America, Brazil, and Southeast Asia.
  • While demand has increased, supply has become constrained.

Other reasons:

  • Raw material prices, as well as logistics and freight costs, have been steadily rising.
  • Because of the disruption in the logistics chain caused by COVID, the average freight rate for ships has increased fourfold.
  • Furthermore, the prices of fertilisers like DAP and urea, as well as raw materials like ammonia and phosphatic acid, have risen by 250-300%.
  • The total fertilizer subsidy bill is expected to reach Rs 2.5 lakh crore this fiscal year, up from Rs 1.62 crore in the previous fiscal's revised estimates.

Criticisms

  • Critics argue that completely commoditizing fertilizers will have an impact on their quality and will discourage manufacturers from bringing newer and more efficient products to market because there will be less opportunity to build a unique brand identity.
  • It may also reduce the company to the status of mere fertilizer importers or contractors for the government.
  • Many manufacturers have also expressed apprehension about spending money on a brand they do not own.
  • Some companies may bear the expense on occasion, but it will be difficult to spend continuously on advertisements when the company's brand value is zero.
  • Regulation: A government brand will add another layer of regulation to the fertilizer manufacturing sector, where the government controls almost every aspect, from product pricing to cost structure to geographical distribution and sale.
  • Currently, in case of any bag or batch of fertilizers not meeting the required standards, the blame is put on the company. But now, that may be passed on fully to the government

The government's reasoning behind the One Nation, One Fertilizer initiative:

MRP and Subsidy

  • The government currently sets the maximum retail price of urea, which compensates companies for higher manufacturing or import costs.
  • Non-urea fertilizer MRPs are decontrolled on paper.
  • Companies, however, are ineligible for subsidies if they sell at MRPs higher than those formally indicated by the government.
  • Simply put, there are 26 fertilizers (including urea) for which the government provides subsidies and effectively determines MRPs.

Plan of supply

  • Aside from subsidizing and determining the price at which companies can sell, the government also determines where they can sell.
  • The Fertiliser (Movement) Control Order, 1973 is used to accomplish this.
  • In accordance with this, the Department of Fertilisers develops an agreed-upon monthly supply plan for all subsidized fertilizers in consultation with manufacturers and importers.

Read More: One Nation One Fertilizer

Source: The Indian Express

Green Crackers

GS-III : Biodiversity & Environment Air Pollution

Green Crackers

  • The Chandigarh government recently approved the use of green crackers.

About

  • Three Categories of Green Crackers: developed by the Council of Scientific and Industrial Research (CSIR).

SWAS (Safe water releaser)

  • Have a small water pocket/droplet which gets released when burst, in the form of vapour.
  • Suppresses the dust released by releasing water vapour in the air.
  • Does not comprise potassium nitrate and sulphur and the particulate dust released will reduce approximately by 30 per cent.

STAR (Safe thermite cracker)

  • Does not comprise potassium nitrate and sulphur,
  • Emits reduced particulate matter disposal and reduced sound intensity.

SAFAL (Safe minimal aluminium)

  • Has minimum usage of aluminium, and used magnesium instead.
  • Ensures reduction in sound in comparison to traditional crackers.
  • Advantages of Green crackers
  • Reduction in size of shell,
  • Elimination of ash usage,
  • Reduced usage of raw materials, uniform acceptable quality, etc.,
  • Leading to the reduction of particulate matter and gaseous emission.
  • Different from Traditional Crackers:
  • Green crackers cause 30 per cent less air pollution as compared to traditional ones.
  • Green crackers reduce emissions substantially and absorb dust and don’t contain hazardous elements like barium nitrate.

Permission to Use:

  • According to the National Green Tribunal (NGT), green crackers are permitted only in cities and towns where air quality is moderate or poor.
  • Guidelines to choose the Right Green Cracker:
  • Buy green crackers only from licensed sellers.
  • Identify through the CSIR NEERI logo.

Read Also: Green Crackers and NGT

Source: The Indian Express

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