What’s in today’s article?

• Why in News?
• Collegium System
• Role & responsibilities of Collegium System
• Collegium system: a tug of war

Why in News?

The Supreme Court, led by Chief Justice D.Y. Chandrachud, asked the government to provide a detailed report on the status of judicial appointments that had been reiterated by the Collegium but not yet cleared by the government. 

The court emphasized that the Collegium is not a "search committee" and holds a critical role in the constitutional framework, implying that the government should not have absolute discretion in accepting or rejecting recommendations.

The court was hearing a Public Interest Litigation (PIL) seeking a fixed timeline for the government to notify judicial appointments recommended by the Collegium. Additionally, a contempt plea was brought by the Jharkhand government, alleging delays in clearing the transfer of Himachal Pradesh High Court Chief Justice M.S. Ramachandra Rao to the Jharkhand High Court.

Collegium System

• Background – Article 124 and 217 of Indian constitution and controversy over word “Consultation”
• Article 124(2) of Indian Constitution deals with the appointment of Judges of Supreme Court. As per this article:
  • Every judge of SC is to be appointed by the President.
  • President will consult such judges of the SC and of the HCs in the States as the President may deem necessary.
  •  CJI shall always be consulted in case of the appointment of judge other than the Chief Justice of SC.
• Article 217 of Indian Constitution covers the appointment and conditions of a High Court Judge.
  • It says that every Judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State.
• The constitutional provision gave the CJI and other judges the status of consultant and left the decision of appointment to the executives.
• This has been interpreted by the SC in a different way ultimately leading to the evolution of Collegium system.
• Evolution - The current collegium system has evolved over a period of time through the judicial pronouncements. These cases have been mentioned as below:
• First Judges Case (1982)
  • SC held that consultation does not mean concurrence.
  • Gave Primacy to Executive.
• Second Judges Case (1993)
  • Court reversed its earlier ruling by changing the meaning of consultation to concurrence.
  • Advice tendered by CJI is binding.
  • CJI would take into account the views of two of his senior most colleagues.
• Third Judges Case (1998)
  • Court gave primacy to the opinion of CJI in the matter of appointment of Judges
  • However, Chief Justice must consult four seniormost judges of SC.
  • Opinion of all members of the collegium should be in writing.
  • If the majority of the collegium is against the appointment of a particular person that person shall not be appointed.

Role & responsibilities of Collegium System

• Appointment of Judges
  • Supreme Court Judges: The Collegium for appointing SC judges consists of the Chief Justice of India (CJI) and the four senior-most judges of the Supreme Court.
  • High Court Judges: For High Court appointments, the Collegium consists of the CJI and two senior-most judges of the Supreme Court.
    • The names recommended by the Collegium are sent to the government for approval. The government can either accept or return the recommendations for reconsideration.
    • As per convention, the government is obliged to accept the collegium's recommendation for appointment of judges if the decision has been reiterated.
• Transfer of Judges
  • The Collegium also plays a key role in the transfer of judges between different High Courts. 
  • This ensures the independence of the judiciary and prevents judges from developing local biases.
• Role in Maintaining Judicial Independence
  • The primary goal of the Collegium system is to ensure that judicial appointments remain independent of political or executive influence. 
  • By vesting the power of appointment within the judiciary itself, it seeks to maintain the independence and integrity of the courts.

Collegium system: a tug of war

• The judiciary and the executive keep clashing over the collegium system for appointment of judges in higher judiciary.
• The Centre terms this system to be opaque and non-transparent and retired and current chief justices and judges of the SC holds it as the best system. 
• The delays in appointments and transfers, particularly when recommendations are pending approval from the government, have caused friction between the judiciary and the executive.

Q.1. What is the Supreme Court's concern regarding judicial appointments?

The Supreme Court expressed concerns over the government's delays in clearing appointments recommended by the Collegium, stating that it undermines the constitutional framework. It asked for a detailed report on pending appointments within a week.

Q.2. Why is the Collegium system significant for judicial appointments?

The Collegium system ensures judicial independence by allowing judges to be appointed through recommendations from within the judiciary. It prevents political influence in the process, preserving the integrity of judicial appointments in India.

Source: Collegium not search panel, give report on status of pending names, SC tells Govt | The Hindu | Constitution of India

What’s in today’s article?

• Why in News?
• White Revolution 2.0
• Status of Dairy Cooperatives in India
• Milk scenario in India

Why in News?

Operation Flood, launched in 1970, ushered in the White Revolution and transformed the dairy sector in India. In order to give further boost to this sector, the government has announced plans for “White Revolution 2.0”. 

White Revolution 2.0

• About
  • White Revolution 2.0 aims to boost milk procurement by dairy cooperatives from 660 lakh kg per day in 2023-24 to 1,007 lakh kg by 2028-29. 
  • The Ministry of Cooperation's strategy focuses on expanding cooperative reach to new areas and increasing their share in the organized dairy sector. 
  • This initiative, building on the legacy of Operation Flood, will enhance market access for dairy farmers, generate employment, and empower women.
• Target
  • White Revolution 2.0 will increase milk procurement of dairy cooperatives by 50%, over the next five years.
  • It will do so by providing market access to dairy farmers in uncovered areas and increasing the share of dairy cooperatives in the organised sector.
• NDDB's Action Plan for White Revolution 2.0
  • To drive the White Revolution 2.0, the National Dairy Development Board (NDDB) plans to establish 56,000 new multipurpose dairy cooperative societies (DCSs) over the next five years and strengthen 46,000 existing ones. 
    • The strengthening will be done by providing more advanced milk procurement and testing infrastructure.
  • Key states for new DCSs include Uttar Pradesh, Odisha, Rajasthan, and Andhra Pradesh.
• Funding
  • The National Programme for Dairy Development (NPDD) 2.0 will provide the bulk of the funding for White Revolution 2.0. 
  • The scheme will offer financial aid to set up milk procurement systems, chilling facilities, and capacity-building programs at the village level. 
  • Additionally, Rs 40,000 will be provided to 1,000 Multipurpose Primary Agricultural Credit Cooperative Societies (MPACSs) to support the infrastructure of dairy cooperatives.
• Pilot project
  • In February 2023, NDDB launched a Rs 3.8 crore pilot project to set up dairy cooperatives in uncovered gram panchayats in Haryana, Madhya Pradesh, and Karnataka. 
  • The 79 DCSs established through this pilot now procure 15,000 liters of milk per day from around 2,500 farmers.

Status of Dairy Cooperatives in India

• Since its creation, in 2021, the Ministry of Cooperation has focused on expanding the network of cooperatives, in particular dairy cooperatives.
• Currently, dairy cooperatives cover around 70% of India's districts, with about 1.7 lakh cooperative societies operating in 2 lakh villages (30% of the total number of villages in the country). 
• These cooperative societies procure about 10% of the country’s milk production and 16% of the marketable surplus.
• However, regional disparities exist, with higher coverage in states like Gujarat, Kerala, and Sikkim, while regions such as West Bengal and the Northeast lag behind with less than 10% coverage. 
• The government aims to bridge these gaps to expand dairy cooperative networks across India.

Milk scenario in India

• World’s top milk producer
  • India is the world’s top milk producer, with production having reached 230.58 million tonnes during 2022-23. 
    • Total milk production increased from 187.75 million tonnes in 2018-19 to 230.58 million tonnes in 2022-23.
    • However, the annual growth rate of production came down from 6.47% to 3.83% during this period.
  • About 63% of the total milk production comes to the market; the remaining is kept by producers for their own consumption. 
• About two-thirds of the marketable milk is in the unorganised sector. 
  • In the organised sector, cooperatives account for the major share.
• Average yield
  • The average yield is, only 8.55 kg per animal per day for exotic/ crossbred animals, and 3.44 kg/ animal/ day for indigenous/ nondescript animals. 
  • The yield in Punjab is 13.49 kg/ animal/ day (exotic/ crossbreed), but only 6.30 kg/ animal/ day in West Bengal.
• Per capita availability of milk 
  • The national per capita availability of milk is 459 grams/ day, which is higher than the global average of 323 g/ day.
  • This number, however, varies from 329 g in Maharashtra to 1,283 g in Punjab.
• The top five milk producing states
  • The top five milk producing states are UP (15.72%), Rajasthan (14.44%), Madhya Pradesh (8.73%), Gujarat (7.49%), and Andhra Pradesh (6.70%), which together contribute 53.08% of the country’s total milk production.
• Contribution of milk group in the agriculture, livestock, forestry, and fishing sector
  • The milk group contributed almost 40% (Rs 11.16 lakh crore) of the value of output from the agriculture, livestock, forestry, and fishing sector in 2022-23 — much higher than cereals. 
    • Milk group comprises milk consumed or sold in liquid form, ghee, butter, and lassi produced by producer households.
  • The dairy sector provides livelihoods to more than 8.5 crore people directly or indirectly, of whom the majority are women.

Q.1. What is Operation Flood?

Operation Flood, launched in 1970, was a dairy development program that revolutionized India's dairy industry. Spearheaded by the National Dairy Development Board (NDDB), it transformed India into the world's largest milk producer by creating a nationwide milk grid, increasing milk production, and empowering dairy farmers through cooperatives.

Q.2. How does White Revolution 2.0 impact India's dairy sector?

The initiative targets improving milk procurement infrastructure, establishing 56,000 new cooperative societies, and creating employment. With funding from NPDD 2.0, it aims to increase milk production and address regional disparities in cooperative coverage.

Source: A new White Revolution: where India stands, where it aims to be

What’s in today’s article?

• Why in News?
• What is World Food India (WFI)?
• Food Processing Sector in India
• Steps Taken by the Government to Boost Food Processing Sector in India
• Challenges and Road Ahead for Food Processing Sector in India

Why in News?

• The Bombay High Court (HC) struck down a key provision of the amended Information Technology (IT) Rules 2021 (under IT Act of 2000), as unconstitutional.
• This provision empowered the government to identify “fake news” on social media platforms through a “Fact Check Unit” (FCU).

Amendment of the IT Rules:

• The law in question: The Ministry of Electronics and Information Technology (MEiTY) promulgated the IT (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules 2023 (2023 Rules), which amended the IT Rules 2021.
• The amendment -
  • Expanded the general term “fake news”: To include “government business”.
  • Defines the power of FCU: If the FCU comes across or is informed about any posts that are fake, false, or contain misleading facts pertaining to the business of the government, it would flag it to the social media intermediaries concerned.
  • Fix the accountability of the online intermediaries: The online intermediaries would then have to take down such content if they wanted to retain their “safe harbour”/ legal immunity with regard to third-party content published by them.
• Concerns regarding these amendments:
  • When it came to matters pertaining to itself, the FCUs permitted the government to be the "only arbiter" of truth.
  • The Rules raised concerns over free speech and the extent to which the government can regulate it.

Timeline of Events which Led to the Striking Down of the FCU:

• The constitutional validity of the Rules was challenged (in the Bombay HC) on the basis of them being arbitrary, unconstitutional, and in violation of fundamental rights.
• The Centre said -
  • The Rules were not against any opinion, criticism, satire, or humour targeting the government.
  • They were meant to only prohibit fake, false, and misleading facts on social media related to “government business”.
• Given the split verdict of January, as per rules of the Bombay HC, the case was referred to a third judge (Justice Chandurkar) who would hear the matter afresh.
• Meanwhile, the Centre notified the FCU under the Press Information Bureau (PIB).
  • However, the Supreme Court stayed the operation of the notification until the Bombay HC took a final decision on the petitions challenging the amended Rules.

What was the Split Decision of the Bombay HC?

• Striking down the rule: The State’s decision to classify speech as true or false and compel the non-publication of the latter is nothing but censorship.
• Upholding the rule: Right of citizens to participate in the representative and participative democracy of the county is meaningless unless they have access to authentic information and are not misled by misinformation.

The Verdict Given by Justice Chandurkar:

• Violates fundamental rights: The amended Rule [3(1)(b)(v)] was violative of Articles 14 (equality before law), 19(1)(a) (freedom of speech and expression) and 19(1)(g) (right to practice a profession or trade) of the Constitution.
• Imposes non-reasonable restrictions: The impugned Rule curtailed the fundamental rights of citizens beyond the reasonable restrictions prescribed under Article 19(2), which was impermissible through the mode of delegated legislation.
• Using vague expressions: The expressions “fake, false or misleading” in the Rule are vague, and under the right to freedom of speech and expression there is no further “right to the truth”.
• Inadequate safeguards: The Centre’s claim that decisions given by the FCU can be challenged before a constitutional court cannot be treated as adequate safeguard.
• Chilling effect on the online intermediary: The impugned Rule resulted in a chilling effect on the intermediary due to the threat of losing safe harbour, and was therefore liable to be struck down.

What is the Road Ahead in this Matter Now?

• Procedural part:
  • Justice Chandurkar’s opinion has settled the matter in favour of the petitioners by a 2-1 majority.
  • His opinion will be placed before a division Bench of two judges, which will formally announce the 2-1 majority against the impugned Rule.
• An appeal before the SC:
  • This is given that similar issues are pending before the Delhi and Madras HCs too.
  • Also, other aspects of the 2021 guidelines, such as the mandates for social media platforms to set up a grievance redressal and compliance mechanism, are also pending before various HCs.

Q.1. What are the IT (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules 2023?

The IT Amendment Rules 2023 are a set of rules (under the IT Act 2000) that regulate online gaming and fact checking of information about the Union Government.

Q.2. What are reasonable restrictions on fundamental rights in India?

Reasonable restrictions are limitations that can be placed on the fundamental rights of Indian citizens as outlined in Article 19 of the Constitution. These restrictions are based on logic and are in the interest of the public or the country's sovereignty and integrity.

Source:  Bombay HC strikes down Centre's fact check unit| IE | TH

What’s in today’s article?

• Why in the News?
• Background
• About Import Management System
• Reasons Behind the Introduction of Import Management System
• News Summary

Why in the News?

• The Union government is expected to extend the existing import management system for imports of certain IT hardware products including laptops and tablets for three months.

Background

• In November 2023, the Union Government had imposed restrictions on import of laptops, tablets, all-in-one personal computers and ultra-small computers and servers with immediate effect.
• Subsequently, the government conducted consultations on a new system through which it aimed to monitor the sources from which IT hardware is being imported.
• The government eventually introduced the Import Management System for certain category of electronic goods.

About Import Management System

• The Import Management System (IMS) of the Indian Government is a framework designed to streamline and regulate the import of goods into India.
• Managed primarily by the Directorate General of Foreign Trade (DGFT), IMS aims to facilitate efficient import processes, ensure compliance with various regulations, and maintain the quality and safety of imported products.
• Objectives of IMS:
  • To protect domestic industries by regulating the inflow of goods that could negatively impact local markets.
  • To safeguard public health, safety, and the environment by controlling the import of hazardous or substandard products.
  • To ensure that all imports comply with Indian laws and standards, maintaining the quality of goods entering the country.
  • To enhance ease of doing business by providing a transparent and streamlined process for importers.
• Key Features of IMS:
  • Regulation and Control: IMS helps in monitoring and regulating the import of goods by enforcing import policies, including restrictions, quotas, and licensing requirements for specific items.
  • Licensing and Permits: Importers must obtain licenses or permits for restricted items through the IMS. This helps in controlling the entry of sensitive goods that could impact national security, health, or the environment.
  • Documentation and Compliance: IMS facilitates the submission of required documents such as import licenses, bills of entry, and certificates of origin. It ensures that all imported goods comply with Indian standards and regulations.
  • Risk Management: The system uses risk management tools to identify and screen high-risk consignments, ensuring that prohibited or substandard goods do not enter the country.
  • Tariff and Non-Tariff Measures: IMS enforces both tariff and non-tariff measures to regulate imports, such as import duties, anti-dumping duties, and sanitary and phytosanitary standards, which protect domestic industries and consumers.
  • Facilitation of Trade: By providing guidelines and assistance to importers, IMS aims to make the import process more efficient, reducing the time and cost associated with bringing goods into India.

Reasons Behind the Introduction of Import Management System

• China Factor:
  • Data released by the Ministry of Commerce and Industry gives us a broad picture of India’s dependence on China with regard to the import of electronic goods such as laptops, computers etc.
  • Indeed, India’s imports of the aforementioned class of electronic goods have been steadily rising.
  • Whereas in 2019-20, India’s imports of electronic goods stood at $5.3 billion, that figure climbed to $10.3 billion in 2021-22, before declining slightly to hit $8.7 billion in 2022-23.
  • Given this fact, a rise in indigenous manufacturing would not only help India reduce its dependence on its diplomatic and business rival but would also help indigenous manufacturers expand their footprint globally.
  • The introduction of Import Management System could force IT hardware companies to establish new supply chains, as China is unlikely to be classified as a trusted geography.
• Security Factor:
  • Another factor behind the restrictions imposed on this class of electronic goods is concerns about ‘security’.
  • The restrictions may have been brought in to guard against electronic hardware coming in with “in-built security loopholes that may potentially endanger sensitive personal and enterprise data”.
  • Across the world, many red flags have been raised about cybersecurity with regard to Chinese-manufactured electronics.

News Summary

• The Union government is expected to extend the existing import management system for IT hardware products, including laptops and tablets, by three months, with the current review deadline set for September 30, an official source said.
• The system monitors imports of laptops, personal computers, and other IT hardware without disrupting market supply.
• Imports of these items stood at $8.4 billion in 2023-24, mainly from China, against an authorisation limit of about $9.5 billion.
• The authorisation allows importers to apply for multiple permissions, valid until September 30, 2024. Over 100 applications, including those from Apple, Dell, and Lenovo, were approved on the system’s first day, allowing imports worth nearly $10 billion.
• The extension would cover the entire current year, preventing any disruption, according to the official.

Q1. What is meant by Custom Duty?

Customs duty refers to the tax imposed on goods when they are transported across international borders. In simple terms, it is the tax that is levied on import and export of goods. The government uses this duty to raise its revenues, safeguard domestic industries, and regulate movement of goods.

Q2. What is meant by Anti Dumping Duty?

Anti-dumping duties are taxes imposed on imported goods in order to compensate for the difference between their export price and their normal value, if dumping causes injury to producers of competing products in the importing country.

Source: Govt. may extend import management system for laptops, tablets for 3 months

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