Tag: CJI Forwards ‘In-House’ Panel Probe Report To President

UPSC DAILY CURRENT AFFAIRS (9th May,2025) SC Rules Rohingya Refugees Subject to Foreigners Act Syllabus: GS2/Polity and Governance Context The Supreme Court observed that if Rohingya refugees are found to be ‘foreigners’ under the Foreigners Act, they will be dealt with as per the law. About Petitioners’ Arguments: The Rohingya are recognized as refugees by the United Nations High Commissioner for Refugees (UNHCR), and thus deserve protection under the principle of non-refoulement (not returning refugees to a place where they face serious threats). Deportation to Myanmar, where they are stateless and allegedly face torture and death, violates Article 21 (Right to Life) and Article 14 (Right to Equality). Government’s and Court’s Position: India is not a signatory to the 1951 Refugee Convention, and the Foreigners Act gives the government broad powers to regulate the entry and exit of foreigners. Article 19(1)(e) (Right to reside/settle) applies only to Indian citizens, not to foreigners, per the Supreme Court’s interpretation. The SC acknowledged basic constitutional protections (like Articles 14 and 21) extend to all persons in India, but not a right to stay or settle in India. The bench reiterated that the matter of whether the refugees can stay is subject to legal procedure under Indian law. Who are the Rohingya refugees? The Rohingya are a Muslim minority ethnic group with their roots in the Arakan kingdom in Myanmar. The Rohingya are culturally and religiously distinct from the majority Buddhist population in Myanmar. The Rohingya claim to have lived in Myanmar’s Rakhine State for generations, but successive governments in the country have disputed their ties, labelling them illegal immigrants from Bangladesh. Myanmar has denied them citizenship since 1982, thus making them the world’s largest stateless population. Their largest exodus began in 2017 driving more than 7.5 lakh people to seek refuge in Bangladesh to escape the brutality of security forces. India’s Policy on Refugees India has welcomed refugees in the past, with nearly 300,000 people categorised as refugees. This includes the Tibetans, Chakmas from Bangladesh, and refugees from Afghanistan, Sri Lanka, etc. But India is not a signatory to the 1951 UN Refugee Convention or the 1967 Protocol relating to the Status of Refugee. Nor does India have a refugee policy or a refugee law. All foreign undocumented nationals are governed as per the provisions of The Foreigners Act, 1946, The Registration of Foreigners Act, 1939, The Passport (Entry into India) Act, 1920 and The Citizenship Act, 1955. As per the MHA foreign nationals who enter into the country without valid travel documents are treated as illegal immigrants. Reasons for India’s Policy on Refugees Resource Strain: Hosting refugees puts pressure on resources, especially in areas where infrastructure is already stretched thin. Social Cohesion: Large numbers of refugees can strain social cohesion, potentially leading to tensions with host communities. Security Concerns: Refugee influxes can raise security concerns, including the potential infiltration of extremist elements and difficulties in monitoring movements across porous borders. Diplomatic Relations: Hosting refugees strain diplomatic relations with neighboring countries or countries of origin. Economic Impact: Refugees compete for low-skilled jobs, affecting the local job market, while their potential contributions to the economy through entrepreneurship or labor may not be fully realized. Way Ahead India’s approach to refugees is shaped by a tradition of humanitarianism, regional geopolitics, and national security concerns. Though India is not a signatory to the 1951 UN Refugee Convention or its 1967 Protocol, it has historically provided refuge to various displaced communities. As global displacement continues to rise, there is an increasing need for India to establish a clear and consistent national refugee policy that balances humanitarian obligations with security and demographic concerns. CJI Forwards ‘In-House’ Panel Probe Report To President Syllabus: GS2/ Polity and Governance Context Chief Justice of India (CJI) Sanjiv Khanna has forwarded to the President and the Prime Minister the report of an in-house committee that investigated allegations against the Delhi High Court judge. In-House Procedure for Investigation To address judicial misconduct outside the formal impeachment process, the Supreme Court in 1999 adopted an “in-house procedure” for conducting investigations; Filing Complaints: Complaints can be made to the CJI, High Court Chief Justice, or the President. Preliminary Inquiry: The Chief Justice of the High Court seeks a response from the accused judge and forwards the findings to the CJI. Fact-Finding Committee: If serious allegations arise, the CJI appoints a committee comprising two Chief Justices of other High Courts and one High Court judge to investigate. Recommendations and Action: If the committee finds sufficient grounds for removal, the CJI may advise the judge to resign. If the judge refuses, the report is forwarded to the President and the Prime Minister for further action, paving the way for impeachment. Judicial Precedents K Veeraswami v. Union of India (1991): No criminal case can be registered against a judge of a high court or the Supreme Court without the prior permission of the Chief Justice of India. The Additional District and Sessions Judge versus Registrar General, High Court Of Madhya Pradesh judgment, 2014: If a judge refuses to resign despite adverse findings by an in-house panel, the report must be forwarded to constitutional authorities for further action. Mechanism for Removal of Judges The Constitution of India provides for the removal of judges of the Supreme Court and High Courts under Article 124(4) and Article 217 on grounds of “proved misbehavior or incapacity.” The process involves; Initiation of Impeachment: A motion for removal must be introduced in either House of Parliament, supported by a special majority (⅓rd of the total membership and ⅓rd of members present and voting). Presidential Approval: After the motion is passed, the President of India issues an order for the removal of the judge. Concluding remarks The existing in-house procedure and constitutional safeguards are designed to ensure that such matters are examined fairly, without undermining judicial independence. As the process moves forward, it reflects the strength of India’s legal framework in addressing concerns while maintaining institutional dignity. India’s latest MMR Shows a Declining Trend Syllabus :GS 2/Health In News India’s latest Maternal Mortality Ratio (MMR) data was released by the Registrar-General of India. Do you know?– The Registrar-General arrives at estimates on fertility and mortality using the Sample Registration System, one of the largest demographic sample surveys in the country. Maternal death It is the death of a woman while pregnant or within 42 days of termination of pregnancy, irrespective of the duration and site of the pregnancy, from any cause related to or aggravated by the pregnancy or its management but not from accidental or incidental causes. One of the key indicators of maternal mortality is the Maternal Mortality Ratio (MMR) which is defined as the number of maternal deaths during a given time period per 100,000 live births during the same time period. The UN’s Sustainable Development Goals (SDGs) aim at reducing global MMR to less than 70 per 100,000 live births. Recent Findings Maternal Mortality Ratio in India dropped to 93 per 100,000 live births in 2019–21, down from 97 (2018–20) and 103 (2017–19). The highest MMR occurs in the 20-29 age group, and the second highest in the 30-34 age group. Several States, including Madhya Pradesh (175), Assam (167), Uttar Pradesh (151), Odisha (135), Chhattisgarh (132), West Bengal (109), and Haryana (106), have high MMRs. Global Statistics (2023)– Over 700 women die daily from preventable pregnancy-related causes.– Maternal deaths occurred every 2 minutes.– More than 90% happened in low- and lower-middle-income countries.– Global MMR fell by about 40% from 2000 to 2023. Issues and Concerns Maternal mortality remains a critical public health issue in India. It serves as a key indicator of healthcare quality and accessibility, reflecting the effectiveness of maternal health services. Most maternal deaths occur due to complications from pregnancy, childbirth, or abortion, not from accidental causes. Government Initiatives to Reduce MMR India has committed to the UN target for Sustainable Development Goal (SDG) for MMR at 70 per 1,00,000 live births by 2030 and NHP (National Health Policy) 2017 target for MMR less than 100 per 1,00,000 live births by 2020. India has accomplished the National Health Policy (NHP) target for MMR. The Ministry of Health and Family Welfare (MoHFW) supports all States/UTs in implementation of Reproductive, Maternal, New-born, Child, Adolescent health and Nutrition (RMNCAH+N) strategy under National Health Mission (NHM) based on the Annual Programme Implementation Plan (PIP) submitted by States/ UTs to reduce MMR & Neonatal Mortality Rate. Janani Suraksha Yojana (JSY): Launched in 2005, it promotes institutional deliveries among poor and marginalized women (SC/ST/BPL) to reduce maternal and neonatal mortality. Pradhan Mantri Matru Vandana Yojana (PMMVY): A maternity benefit scheme offering ₹5,000 for the first live birth to eligible women. Under PMMVY 2.0 (from April 2022), additional incentives are given if the second child is a girl, to promote positive behavioural change. Janani Shishu Suraksha Karyakaram (JSSK): Started in 2011, it eliminates out-of-pocket costs for pregnant women and sick newborns by providing free delivery, transport, medicines, diagnostics, and diet in public facilities. Surakshit Matritva Aashwasan (SUMAN): Launched in 2019, it ensures free, respectful, and quality healthcare for all pregnant women and newborns, aiming to eliminate preventable deaths. Pradhan Mantri Surakshit Matritva Abhiyan (PMSMA): Initiated in 2016, it provides free antenatal care on the 9th of every month. The e-PMSMA extension targets high-risk pregnancies with individual tracking and financial incentives. Over 5.9 crore women have benefited by March 2025. Conclusion and Way Forward India has made significant progress in reducing maternal mortality, successfully achieving the National Health Policy (NHP) target of an MMR below 100 by 2020. However, continued efforts are required to reach the SDG target of MMR below 70 by 2030. Strengthening healthcare infrastructure, expanding maternal health programs, and addressing socioeconomic barriers will be critical in further reducing maternal mortality in the country. Air Defence Systems: India & World Syllabus: GS3/Security; Science & Technology Context Recently, India thwarted Pakistani aerial attacks along the western border through its air defence systems, and successfully neutralized an air defence system in Lahore, Pakistan. About the Air Defence Systems These are critical components of a nation’s security infrastructure, designed to detect, track, and neutralize aerial threats such as enemy aircraft, missiles, and drones. These systems operate through layered defense mechanisms, combining radars, missile interceptors, electronic warfare tools, and command centers to safeguard airspace. Key Components of Air Defence Systems Detection and Surveillance: Radar Systems: Air defence begins with high-frequency radar waves that detect incoming threats by bouncing signals off objects in the sky. Satellite and Infrared Sensors: Advanced systems use satellite imaging and infrared tracking to identify stealth aircraft and hypersonic missiles. Tracking and Target Identification: Once a threat is detected, tracking systems analyze its speed, altitude, and trajectory to determine its nature—whether it’s a fighter jet, ballistic missile, or drone. Command centers assess the threat level and decide on the appropriate response. Engagement and Neutralization: Surface-to-Air Missiles (SAMs): These missiles intercept enemy aircraft or incoming projectiles before they reach their target. Electronic Warfare (EW) Systems: Jammers disrupt enemy communications and radar signals, reducing their ability to coordinate attacks. Anti-Aircraft Artillery: In close-range combat, high-caliber guns provide an additional layer of defense. Types of Air Defence Systems Short-Range Air Defence (SHORAD): Designed to counter low-altitude threats, including drones and cruise missiles. Example: Barak-8 Missile System. Medium-Range Air Defence (MRAD): Covers larger areas, intercepting fighter jets and long-range missiles. Examples: Patriot Missile System, S-400 Triumf. Long-Range Air Defence (LRAD): Protects entire regions, capable of neutralizing intercontinental ballistic missiles (ICBMs). Examples: THAAD, Aegis Ballistic Missile Defense. Key Air Defence Systems in India– Akash Missile System: It is a Surface-to-Air Missile (SAM) system designed to neutralize multiple airborne threats simultaneously, using command guidance and phased array radar.– S-400 Triumf Missile System: It is procured from Russia, which enhances India’s air defence capabilities.1. It can detect and intercept ballistic missiles, fighter jets, and drones at distances up to 400 km.2. It is also used by China, and Turkey for ballistic missile and aircraft defense.– Integrated Counter-UAS Grid: India has deployed counter-drone technology to neutralize hostile UAVs along sensitive borders.1. It integrates radar detection, electronic jamming, and kinetic interception to prevent aerial intrusions.– Barak-8 Missile System: It is jointly developed by India and Israel, and provides high-speed interception against airborne threats.1. It enhances naval and land-based air defence capabilities.Other Air Defence Systems in the World – Patriot Missile System (United States): It is widely deployed for missile interception and aerial threat neutralization.1. It is used by the U.S., Germany, Japan, and Saudi Arabia for high-altitude defense.– Iron Dome (Israel): It is designed for short-range missile interception, particularly effective against rocket attacks.1. It is used extensively by Israel to protect urban areas and military installations.– Terminal High Altitude Area Defense (THAAD) – United States: It is a high-altitude missile defense system capable of intercepting ballistic missiles in their terminal phase.1. It is deployed by the U.S., South Korea, and Japan for regional security. CCI Notifies New Definitions to Curb Predatory Pricing Syllabus :GS 3/Economy In News The Competition Commission of India (CCI) has notified the “Determination of Cost of Production Regulations, 2025”, replacing its 2009 framework. About This regulatory shift aims to empower the watchdog to better scrutinize predatory pricing and deep discounting, especially in the e-commerce and quick commerce sectors. Background: Predatory Pricing and Competition Law Predatory pricing is defined under the Competition Act, 2002 as “the sale of goods or provision of services, at a price below the cost of production with a view to reduce competition or eliminate competitors.” Such practices are deemed abuse of dominant position under Section 4 of the Act. The earlier Cost Regulations (2009) were increasingly seen as outdated amid the rise of digital markets, which involve complex pricing structures, cross-subsidies, and non-monetary value exchanges. Key Features of the 2025 Regulations Flexible, Sector-Agnostic Framework: Moves away from a one-size-fits-all model. Allows case-by-case assessment, adapting to sector-specific dynamics, including platform-based digital businesses. Focus on Measurable Production Costs: Reaffirms that internal production costs form the benchmark, not market value (which can be influenced by consumer perceptions, brand value, or subsidies). Rejects stakeholder proposals to use market value due to its subjectivity and external dependencies. Modernization & Global Alignment: Aligns with international competition law standards and best practices. Incorporates insights from modern economic theories and judicial interpretations relevant to platform economies and dynamic pricing. Significance Legal Clarity: Provides a defined cost-benchmark framework grounded in economic rationale. Digital Economy Readiness: Accounts for cross-subsidisation, high fixed costs, and non-traditional revenue models prevalent in digital platforms. Consumer and MSME Protection: Prevents dominant firms from using price wars to wipe out smaller players. Ease of Regulation: Enhances CCI’s ability to investigate, quantify, and adjudicate anti-competitive pricing with consistency. Supreme Court Flags Bitcoin Trading as a Way for Hawala Syllabus: GS3/ Economy Context The Supreme Court expressed concern over the unregulated nature of Bitcoin trading in India, likening it to a “refined way of Hawala business.” What is Bitcoin? Bitcoin is a type of digital or virtual currency that uses cryptography for security, making it difficult to counterfeit or double-spend. It operates on decentralized networks based on blockchain technology—a distributed ledger enforced by a network of computers. Cryptocurrencies are typically not controlled by any central authority, which makes them theoretically immune to government interference or manipulation. Blockchain technology– Blockchain technology is a decentralized, distributed ledger system that records transactions across many computers in a way that ensures security and transparency.– Blockchain networks rely on consensus algorithms to validate transactions and maintain network integrity. 1. These mechanisms ensure that only legitimate transactions are added to the chain. Concerns of Bitcoin Lack of Regulation: Despite repeated judicial nudges, the government has not issued a clear legal framework for virtual currency. Potential for Misuse: Due to the absence of KYC/AML enforcement and its cross-border nature, cryptocurrency can be misused for illicit activities, including a digital form of Hawala. Threat to Financial Integrity: The unregulated market could jeopardize India’s efforts to curb black money and maintain capital controls. India’s Cryptocurrency Landscape At present, India does not have any Law or provision which specifically deals with Cryptocurrency. India has not officially banned or allowed cryptocurrency trading. Regulatory Uncertainty: In 2018, the Central Board of Direct Taxes proposed a ban on cryptocurrencies, and the Reserve Bank of India (RBI) restricted banks from facilitating cryptocurrency transactions labeling it as a “macro-economic risk.” This decision was overturned by the Supreme Court in 2020. Taxation Policies: The Indian government imposed a 30% tax on income from transfers of virtual digital assets in 2022, along with a 1% tax deducted at source (TDS) on each transaction. These stringent measures have dampened domestic enthusiasm for cryptocurrency trading. What is Hawala? Hawala is an informal method of transferring money without any physical movement of cash. It works outside traditional banking channels and is often used for money laundering, terror financing, and tax evasion. How Bitcoin can be in Hawala? Anonymity: Traditional Hawala relies on trust and secrecy. Bitcoin allows pseudonymous transactions that are hard to trace, mimicking Hawala’s secrecy. Cross-Border Transfers: In traditional Hawala, money doesn’t physically cross borders; balances are settled informally. With Bitcoin, a person in one country can send Bitcoin to a counterpart in another country, who can convert it into local currency and deliver it to the intended recipient—mirroring the Hawala model. Quick Transfers: Unlike traditional remittances that take days and charge fees, Bitcoin transactions can be near-instantaneous and low-cost, making it attractive for illicit transfers. Way Ahead Comprehensive Legislation: India must enact a clear legal framework defining and regulating cryptocurrencies, exchanges, and wallets. Strengthen Enforcement: Enhance capabilities of financial intelligence units to monitor crypto transactions. International Cooperation: Work with FATF and G20 to establish global norms on crypto governance.

Tag: CJI Forwards ‘In-House’ Panel Probe Report To President

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