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The Supreme Court Collegium has resolved to not undertake any further deliberations on 10 names identified for consideration as apex court judges as the Law Ministry has already sent its request to Chief Justice of India U.U. Lalit to nominate his successor.
Justices D.Y. Chandrachud and S. Abdul Nazeer had objected to the CJI’s proposal to recommend names for appointment as Supreme Court judges through circulation. Justices Sanjay KishanKaul and K.M. Joseph had concurred with the Chief Justice’s proposal, the collegium resolution said.
A collegium resolution, dated October 9 but published on Monday, October 10, narrated the exact turn of events and circumstances which compelled it to leave its work of recommending new judges for the Supreme Court “unfinished”.
The resolution signed by Chief Justice Lalit and four fellow collegium members said informal deliberations had been going on for some time to fill up the judicial vacancies in the apex court.
The resolution said the collegium had for the first time, on September 26, begun the procedure of objectively assessing the merit of the prospective candidates and had even circulated their judgments to examine the quality of their judicial work.
Out of this, Justice DipankarDatta, the Bombay High Court Chief Justice, had won unanimous approval of the collegium and his name was recommended to the government for approval to be appointed as a Supreme Court judge.
Consideration of the remaining 10 names were deferred till September 30 as some members of the collegium wanted to see more judgments authored by these candidates.
The CJI’s proposal was approved by two collegium judges, Justices Sanjay KishanKaul and K.M. Joseph, in their replies on October 1 and October 7, respectively.
The CJI’s proposal had thus split the collegium, with Justices Kaul and Joseph concurring with it while Justices Chandrachud and Nazeer objecting to “the process of selection and appointing of judges by circulation”.
Chief Justice Lalitis scheduled to retire on November 8. The new and 50th Chief Justice of India has to assume office from November 9. Convention dictates that an outgoing CJI cannot hold collegium meetings when the appointment process of his successor has already begun.
States
BJP to beam live opening of Mahakal corridor in M.P (Page no. 4)
(GS Paper 1, Art and Culture)
The Madhya Pradesh unit of the Bharatiya Janata Party (BJP) will livestream the inauguration of the first phase of the ₹856-crore Mahakaleshwar Temple corridor development project by Prime Minister Narendra Modi to non-resident Indians (NRIs) in over 40 countries.
The project in the holy city of Ujjain, which is expected to significantly boost tourism in the State, is a key part of the party’s “cultural resurgence” plank to increase its support base in the State, country and across the globe ahead of the 2024 Lok Sabha poll.
State BJP president Vishnu Dutt Sharma on Monday said the party’s NRI cell reached out to NRIs in 40 countries, including the U.S., the U.K., UAE, New Zealand and Canada.
We reached out to people from Madhya Pradesh residing in these countries. Chief Minister Shivraj Singh Chouhan and I held a virtual meeting with them and they were excited to join the event. We are planning to extend the list of countries to 50. Apart from virtually attending the event, the NRIs will organise special ceremonies like lighting of lamps to mark the occasion.
Over 1,000 giant screens will also be put up across the State to facilitate public viewing of the event as part of the BJP’s efforts to draw more people to the party. Party workers have been exhorted to organise “Diwali-like events” at the booth level to celebrate the event.
Ashish Kumar Pathak, Chief Executive Officer of Ujjain Smart City, said every year about 1.5 crore people visit the temple, which is one of the 12 ‘jyotirlings’ in the country. “This annual figure is expected to double to about 3 crore after the inauguration.
The Chief Minister has been working hard to make the project’s launch a grand success like the opening of the Kashi Vishwanath corridor project in 2021, which was widely viewed to have bolstered the party’s political standing. However, the Congress contested Mr. Chouhan’s claims of conceptualising the project at a press conference.
The Opposition party said the project was proposed and ₹300 crore was allotted for it during Congress leader Kamal Nath’s tenure as Chief Minister (2018-2020).
The party shared screenshots of tweets on the project posted by the State Publicity Department in 2019 to corroborate its claims.
Editorial
Russia’s continued defiance of international law (Page no. 8)
(GS Paper 2, International Relations)
Despite widespread global condemnation, including a resolution in March 2022 adopted by 141 countries in the United Nations General Assembly (UNGA) demanding that Russia immediately and unconditionally withdraw from Ukraine, Moscow brazenly continues with its illegal military offensive against Kyiv.
The resolutions by UNGA are not binding, but decisions by the International Court of Justice (ICJ) are. On Ukraine’s application, the ICJ, in a provisional measure ruling, again in March, ordered Russia to immediately suspend its military operations in Ukraine.
Russia has not complied with this decision. In the meanwhile, Russian troops in Ukraine have been accused of indulging in war crimes under international humanitarian law.
Ukraine is not only fighting a brave military battle to defend its sovereignty but is also using all possible levers under international law against Russia. It has moved international courts such as the ICJ, the International Criminal Court, and the European Court of Human Rights to put Russia in the dock.
But nothing seems to dissuade Russian President Vladimir Putin’s revisionist and imperial designs. Mr. Putin is willing to go to great lengths to resurrect a Russian empire and attain mythical civilisational greatness even if that means striking at the very foundations of the post-war international legal order assiduously built on core values such as sovereignty and non-intervention.
The newest item added to the long Russian list of barefaced violations of international law is the recent annexation of Donetsk, Luhansk, Zaporizhzhia, and Kherson — the four regions that are an integral part of Ukraine.
Russia claims that these regions have had referendums and decided to join Russia. United Nations Secretary-General AntónioGuterres has rightly pointed out that the so-called “referenda” in Ukraine were conducted in areas that are under Russian occupation. Thus, it is highly unlikely that the so-called referendums constitute a genuine expression of the popular will of the people.
To somehow prove the legitimacy of his actions to the Russian people, Mr. Putin frequently invokes the UN Charter. Just before invading Ukraine, he referred to Article 51 of the UN Charter (which provides for self-defence against an armed attack).
Mr. Putin was wrong since Russia faced no aggression from Ukraine. In his recent speech announcing the illegal annexations, he referred to Article 1 of the Charter.
The reference particularly was to the right of self-determination of the people of these regions. Mr. Putin is wrong again. The contours of the right of self-determination under international law are debatable.
Opinion
Building resilient mineral supply chains (Page no. 9)
(GS Paper 3, Economy)
In his Independence Day address, Prime Minister Narendra Modi exhorted the country to pursue aatmanirbharta in energy by focusing on clean energy technologies.
Concerns over the pricing and availability of oil and gas in the wake of the Ukraine crisis continue to fuel global policy debates on energy security. However, the fragility of clean energy supply chains obscures pathways for countries to reduce dependence on fossil fuels.
Imported inflationary pressures through exposure to volatile oil and gas markets also pose risks to macroeconomic growth and stability, particularly for India, import-dependent for around 85% of its oil and half of its gas needs. Therefore, securing access to key minerals such as lithium, cobalt, nickel and rare earth metals is critical for building resilient and indigenous supply chains for clean energy technologies.
This is challenging on several counts. First, reserves are often concentrated in regions that are geopolitically sensitive or fare poorly from an ease of doing business perspective.
Second, a portion of existing production is controlled by geostrategic competitors. For example, China wields considerable influence in cobalt mining in the Democratic Republic of Congo through direct equity investments and its Belt and Road Initiative. Third, future mine production is often tied up in offtake agreements, in advance, by buyers from other countries to cater to upcoming demand.
As a first step towards the sourcing of strategic minerals, the Indian government established KhanijBidesh India Limited (KABIL) in 2019 with the mandate to secure mineral supply for the domestic market. Based on a CEEW study, here are suggestions that policymakers could consider to further this objective.
First, figure out the mineral requirements of the domestic industry. This could best be accomplished by a task force which includes the ministries of power, new and renewable energy, heavy industry, and science and technology.
Creating five-year road maps with clear targets for deployment and indigenous manufacturing across clean energy applications would provide visibility to domestic investors.
Further, assess the technology mix that would support this deployment. On this basis, determine the quantities of minerals necessary to support indigenous manufacturing.
Second, coordinate with the domestic industry to determine where strategic interventions by the government would be necessary for the purpose.
KABIL could collaborate with industry to bolster its market intelligence capabilities for tracking global supply-side developments.
Developing a granular picture of available and committed production capacities and economy-wide and sector-specific policy developments is the first step to develop an informed perspective on mineral supply.
If there is adequate visibility on sourcing opportunities in conducive geographies, the private sector should be encouraged to secure minerals for its own requirements.
Indian prisons are stretched to their limits (Page no. 9)
(GS Paper 2, Polity and Governance)
The Border Security Force (BSF) in the North 24 Parganas district of West Bengal is handing over illegal migrants with a clean record to Bangladeshi officials as prisons are overflowing in the State. If normal procedure were to be followed, these illegal migrants would have been lodged in correctional homes.
The story has put the spotlight back on the age-old problem of overcrowded prisons in India. Data show that in 2021, the latest year for which numbers are available, over 5.54 lakh people were lodged in prison, while the total capacity of Indian jails was about 4.25 lakh. This means that the occupancy rate of Indian prisons was 130%, a peak at least in the last decade.
While the capacity has increased from some 3.32 lakh to 4.25 lakh in the last decade — a 27% increase — the number of prisoners has shot up from 3.7 lakh to 5.54 lakh in the same period — a 48% increase. This imbalance has caused the occupancy rate to surge from 112% to 130% in the last decade.
The pan-India problem of overflowing jails has worsened in the last decade. However, it was most acute in three northern States/Union Territories — Uttarakhand, Uttar Pradesh, and Delhi.
In these three regions, the occupancy rate crossed 180% in 2021 (180 prisoners for every 100 vacancies). Notably, in these three regions, the occupancy rate ranged between 60% and 75% in 2011.
In fact, of the 36 States and UTs analysed, the occupancy rate increased in 26 of them in the past decade. And in 18 of them, the occupancy rate in 2021 was more than 100%.
The highest increase was observed in Delhi, where the occupancy rate increased from 60% to 183% — a 122% point increase.
Among the major States, significant decreases were observed in Chhattisgarh and Punjab where the occupancy rate decreased by 108% points and 51% points, respectively.
Bangladeshi nationals dominate the foreign inmate population in India. Most foreign inmates are lodged in West Bengal prisons as the State shares a long border with the neighbouring country.
While there is a slight dip in recent years, the share has consistently remained above 30%. The chart also shows the share of Bangladeshi undertrials among the total number of foreign undertrials lodged in Indian jails. The share has remained above the 35% mark in recent years.
When read along with the fact that the occupancy rates in West Bengal prisons have increased from 70% to 120% in the past decade, the BSF’s recent decision to hand over illegal migrants to Bangladesh appears justified.
News
Pakistan to take part in closing ceremony of SCO anti¬terror exercise hosted by India (Page no. 12)
(GS Paper 3, Internal Security)
Pakistan has been invited to the closing ceremony, on October 13, of the ongoing Joint Anti-Terror Exercise (JATE) under the ambit of the Shanghai Cooperation Organisation (SCO) being hosted by India, official and diplomatic sources confirmed.
The Pakistan delegation has been extended an invitation for the closing ceremony on the last day of JATE ‘Manesar Anti-Terror 2022’.
The National Security Guard (NSG) is hosting the multinational JATE “Manesar Anti-Terror 2022” under the framework of the SCO Regional Anti-Terrorist Structure (RATS), at the NSG Manesar Garrison.
It’s understood that a Pakistan team is participating in the event as a member of the SCO, an official source said. India also participated in RATS meet that Pakistan had organised last year.
An Indian delegation had participated in the closing ceremony of the two-week-long JATE-2021 hosted by Pakistan at the National Counter Terrorism Centre, Pabbi, in Khyber Pukhtunkhwa, in September 2021.
The exercise is aimed at exchanging expertise and best practices, and build synergy between the Counter Terrorism Forces of the SCO RATS member countries to enhance capabilities for conducting anti-terrorist operations and countering other security threats collectively, the NSG said in a statement.
In May, counter-terror officials of Pakistan, Russia, China and four Central Asian countries met in Delhi under the structure as India assumed its role as Chairperson of the SCO-RATS mechanism in October 2021. JATE is an annual counter-terrorist exercise held within the framework of the SCO RATS.
The statement issued by the NSG on Sunday said that Stage-1 of the exercise was conducted from July 27 to August 1, 2022 by the National Counter Terrorism Forces (NCTF) of SCO member countries in their respective territories.
Stage-2 of the Exercise is being conducted from October 08 to 13 at NSG Manesar Garrison, in which eight representatives from NCTF of Republic of Kazakhstan, Kyrgyz Republic, Republic of Uzbekistan, Russian Federation and NSG of Republic of India are participating.
Address stigma in mental health, says Lancet Commission (Page no. 14)
(GS Paper 2, Health)
On World Mental Health Day, The Lancet released a new report calling for radical action to end stigma and discrimination in mental health, indicating that 90% of people living with mental health conditions feel negatively impacted by stigma and discrimination.
Further, 80% said stigma and discrimination can be worse than the condition itself. Additionally, 90% of those surveyed felt that media could play a major role in reducing stigma.
The report was the result of the labours of the new Lancet Commission on Ending Stigma and Discrimination in Mental Health, a grouping of over 50 contributors from across the world, including people with lived experience of a mental health condition.
The commission reviewed the evidence on effective interventions to reduce stigma and called for immediate action from governments, international organisations, employers, healthcare provider and media organisations, along with active contributions from people with lived experience, to work together to eliminate mental health stigma and discrimination.
As per the commission, stigma can “cause social exclusion and disempowerment of people with mental health conditions leading to discrimination and human rights violations, including problems in accessing healthcare, challenges in securing employment, and increased likelihood of health complications leading to early death”.
TharaRangaswamy, The Lancet commissioner and co-founder, Schizophrenia Research Foundation (SCARF), Chennai, presenting the Indian context, explained that though there is a gradual reduction of stigma in the country, it continues to be a real and present problem.
She said women with a diagnosis of severe mental disorder and their family members do face more stigma which has ramifications for marriage and employment preventing social inclusion.
She also made a mention of the Indian visual media that still perpetuate mental illnesses negatively, exacerbating the impact of stigma.
The commission includes a comprehensive review of the evidence for effective stigma reduction interventions and finds that social contact between people with and without lived experience of mental illness is the most effective way to reduce stigma and discrimination.
There is now clear evidence that we know how to effectively reduce, and ultimately eliminate, stigma and discrimination. Our commission makes eight radical, practical, and evidence-based recommendations for action.
Putting the involvement or participation of people with mental illness at the centre of the matrix, the commission has urged governments, international organisations, schools, employers, healthcare, civil society and media to take action immediately.
World
Fed ex Chair Ben Bernanke shares Nobel with 2 other U.S. economists (Page no. 15)
(GS Paper 3, Economy)
Former U.S. Federal Reserve Chair Ben Bernanke, who put his academic expertise on the Great Depression to work reviving the American economy after the 2007-2008 financial crisis, won the Nobel Prize in economic sciences along with two other U.S.-based economists for their research into the fallout from bank failures.
Mr. Bernanke was recognised on Monday along with Douglas W. Diamond and Philip H. Dybvig. The Nobel panel at the Royal Swedish Academy of Sciences in Stockholm said the trio’s research had shown “why avoiding bank collapses is vital.”
With their findings in the early 1980s, the laureates laid the foundations for regulating financial markets, the panel said.
Financial crises and depressions are kind of the worst thing that can happen to the economy,” said John Hassler of the Committee for the Prize in Economic Sciences.
These things can happen again. And we need to have an understanding of the mechanism behind those and what to do about it. And the laureates this year provide that.
Mr. Bernanke, 68, who was Fed chair from early 2006 to early 2014 and is now with the Brookings Institution in Washington, examined the Great Depression of the 1930s, showing the danger of bank runs — when panicked people withdraw their savings — and how bank collapses led to widespread economic devastation.
Mr. Diamond, 68, based at the University of Chicago, and Mr. Dybvig, 67, who is at Washington University in St. Louis, showed how government guarantees on deposits can prevent a spiraling of financial crises.
Business
‘Space economy may touch $13 bn by 2025 (Page no. 16)
(GS Paper 3, Space)
Indian space economy is set to reach $13 billion by 2025, according to a joint report prepared by EY and the Indian Space Association (ISpA), an apex industry association of space and satellite companies in the country.
The report also said the space launch segment would grow fastest at a CAGR of 13% spurred by growing private participation, latest technology adoption and low cost of launch services.
Satellite services and application segment would form the largest share of the space economy accounting for 36% of the space economy by 2025, as per the study.
There are over 100 space tech start-ups in the country and investments in space tech start-ups increased 196% y-o-y in 2021.
On the country’s satellite manufacturing opportunity, it said in 2020 it was $2.1 billion and this would reach $3.2 billion by 2025.
Also, by 2025, satellite manufacturing would be the second fastest-growing segment in the Indian space economy. Space parks that are coming up across the country would give a fillip to companies operating across the space value chain, especially manufacturing, found the study.
With the rapidly growing space ecosystem, India is all prepared to grow to $13 billion by 2025. We believe as India looks forward to the New Space Policy, the private industry’s role is set to create a revolution in the current value chain of the Indian space economy.