Daily Current Affairs for 04th February 2023

Judicial majoritarianism

Why in News?

The recent majority judgment of the Supreme Court on demonetisation comes under criticism, the minority judgment by J. Nagarathna is being hailed for its challenge to the RBI’s institutional acquiescence to the Central government.

What is judicial majoritarianism?

• As opposed to standard matters heard by Division Benches consisting of two judges, numerical majorities are of particular importance to cases that involve a substantial interpretation of constitutional provisions.
• In such cases, Constitutional Benches, consisting of five or more judges, are set up in consonance with Article 145(3) of the Constitution.
• Such Benches usually consist of five, seven, nine, 11 or even 13 judges.
• This is done to facilitate decision-making by ensuring numerical majorities in judicial outcomes.
• The requirement for a majority consensus flows from Article 145(5) of the Constitution which states that no judgment in such cases can be delivered except with the concurrence of a majority of the judges but that judges are free to deliver dissenting judgments or opinions.

Why Do Bare Majorities Rule on Courts?’

• Efficiency through ease of decision making
• Objectivity through majority adherence
• Equality through fairness

Problems

Inequality in Merit:A meritorious minority decision, irrespective of the impeccability of its reasoning, receives little weightage in terms of its outcomes.

• An example is the dissenting opinion of Justice Subba Rao in the Kharak Singh v. State of U.P. (1962) case upholding the Right To Privacy which received the judicial stamp of approval in the K.S. Puttaswamy v. UOI (2017) case.
• The dissenting opinion of Justice H.R. Khanna in A.D.M. Jabalpur v. Shivkant Shukla (1976) upholding the right to life and personal liberty even during situations of constitutional exceptionalism is a prime example.
• It is argued that the weightage given to numerical majorities in judicial decisions by our Constitutional Courts is opposed to the merits in their reasoning.

Unclear Situation:All judges on a particular Bench give their rulings on the same set of facts, laws, arguments and written submissions.

• In light of the same, any differences in judicial decisions can be attributed to a difference in either the methodology adopted and the logic applied by the judges in their interpretation.
• In such circumstances, it is entirely possible that the majority may fall into either methodological fallacies and errors or be limited by their ‘judicial hunch’ respectively.

Question on Head Counting Procedure:

• A study also found that the rate of dissent where the Chief Justice was a part of the Bench was lower than in those cases where the Chief Justice was not on the Bench.
• Rate of judicial dissent at the height of the Emergency in 1976 was a mere 1.27% as opposed to 10.52% in 1980
• Such situations call into question the efficiency and desirability of head-counting procedures for a judicial determination on questions of national and constitutional importance.

Solutions

• The absence of a critical discourse on judicial majoritarianism represents one of the most fundamental gaps in our knowledge regarding the functioning of our Supreme Court.
• As pending Constitutional Bench matters are listed for hearing, we must reflect upon the arguments of judicial majoritarianism on the basis of which these cases are to be decided.

GS PAPER II NEWS

New policy of UPI for NRIs

Why in News?

National Payments Corporation of India (NPCI) paved the way for international (phone) numbers to be able to transact using UPI.

Key Points

• The Union Cabinet approved an incentive scheme for the promotion of RuPay debit Cards and low value BHIM UPI transactions (person merchant) in FY 2022­-23.
• The scheme has an outlay of ₹2,600 crore.

What is Unified Payments Interface (UPI)?

• It was launched in April 2016 and in the last two years, the platform has emerged as a popular choice among users for sending and receiving money.
• UPI is a payment system that allows money transfer between any two bank accounts by using a smartphone.
• UPI allows a customer to pay directly from a bank account to different merchants, both online and offline, without the hassle of typing credit card details, IFSC code, or net banking/wallet passwords.
• It also caters to the “Peer to Peer” collect request which can be scheduled and paid as per requirement and convenience.

What about international numbers?

• Nonresident accounts such as non resident external accounts (NRE) and non resident ordinary accounts (NRO), having international numbers, will now be allowed into the UPI payment system.

• The NPCI had allowed UPI transactions to and from NRO/NRE accounts linked to Indian numbers back in October 2018.
• These incomes could be rent, interest, pension, among other things. At present, users from ten countries will be able to avail the facility in Singapore, Australia, Canada, Hong Kong, Oman, Qatar, the U.S., Saudi Arabia, UAE, and the U.K.

What will Change?

The development would allow NRIs to use the payment method for making utility bill payments for their families (or themselves) in India, make purchases from e­commerce or online platforms and make payments to physical merchants who accept UPI QR based payments when they travel to India.

What is the discussion on MDR?

• The Merchant Discount Rate (MDR) is the charge recovered by the acquirer from the final recipient of the payment, that is, the merchant.
• It is collected by the acquirer to compensate the varied service providers and intermediaries in the payment system.
• There is no MDR charge levied for RuPay ­based debit card and UPI transactions.

What are the Concerns?

• The Reserve Bank of India (RBI) and various stakeholders expressed concerns about the potential adverse impact of the zero MDR regime on the growth of the digital payments’ ecosystem.
• Stakeholders are concerned over cost recovery for the services they provide.
• The NPCI requested the incentivisation of BHIM UPI and RuPay debit card transactions to create “cost effective value proposition for ecosystem stakeholders, increase merchant acceptance footprints and faster migration from cash payments to digital payments.”

Where does UPI stand now?

• As of latest available data, 6,779.6 million transactions worth about ₹10.95 lakh crore have been facilitated using UPI.
• In the previous calendar year, excluding one month of fall (between January and February), UPI transactions have been on an upward trajectory.
• As per the DigiDhan dashboard maintained by the Ministry of Electronics and Information Technology, BHIM­ UPI accounted for 52% of all digital payments in FY 2021­22. At present, it stands at 59.74%.

GS PAPER III NEWS

National Action Plan on containment of Antimicrobial Resistance

Why in News?

AMR surveillance network of state medical college labs (NARS-Net) established to generate quality data on AMR.

Key Highlights

• Antibiotics are included in Schedule H1 of the Drugs and Cosmetics Rules and are required to be sold by retail only under the prescription of a Registered Medical Practitioner.
• The Drugs and Cosmetics Rules were amended by the Ministry of Health and Family Welfare, to make a provision that the container of a medicine for treatment of food producing animals shall be labeled with the withdrawal period of the drug for the species on which it is intended to be used.
• The Department of Animal Husbandry, Dairying and Fisheries issued a circular to Directors/Commissioners (Animal Husbandry) of all States and UTs directing judicious use of antibiotics and hormones for the treatment of ailing food producing animals. DCG (I) has also issued advisory to States/UTs that use of Antibiotics and Hormones in animal feed should also be stopped.
• Further, the State Drugs Controllers/other stakeholders have been sensitized about concerns regarding sale of prescription drugs by retail without prescription of Registered Medical Practitioners.
• Sales and distribution of drugs are regulated under Drugs and Cosmetics Act 1940 & Rules by the State Licensing Authorities (SLAs) appointed by the State Governments. The SLAs are empowered to take action in case of any non-compliance.

What is Antimicrobial Resistance?

• Antimicrobial Resistance is the resistance acquired by any microorganism (bacteria, viruses, fungi, parasite, etc.) against antimicrobial drugs that are used to treat infections.
• It occurs when a microorganism changes over time and no longer responds to medicines making infections harder to treat and increasing the risk of disease spread, severe illness and death.
• The World Health Organisation (WHO) has identified AMR as one of the top ten threats to global health.
• Microorganisms that develop antimicrobial resistance are sometimes referred to as “superbugs”.
• In India, over 56,000 newborn deaths each year due to sepsis caused by organisms that are resistant to first line antibiotics.
• A study reported by ICMR (Indian Council of Medical Research) from 10 hospitals showed that when Covid patients acquire drug-resistant infections in hospitals, the mortality is almost 50-60%.
• The multi-drug resistance determinant, New Delhi Metallo-beta-lactamase-1 (NDM-1), emerged from this region.
• Africa, Europe and other parts of Asia have also been affected by multi-drug resistant typhoid originating from South Asia.

AMR in India

• India, with its combination of large population, rising incomes that facilitate purchase of antibiotics, high burden of infectious diseases and easy over-the-counter access to antibiotics, is an important locus for the generation of resistance genes (such genes help bacteria in surviving on being exposed to antibiotics).
• The multi-drug resistance determinant, New Delhi Metallo-beta-lactamase-1 (NDM-1), emerged from this region to spread globally.
• Africa, Europe and other parts of Asia have also been affected by multi-drug resistant typhoid originating from South Asia.
• In India, over 56,000 newborn deaths each year due to sepsis are caused by organisms that are resistant to first line antibiotics.
• A study reported by ICMR (Indian Council of Medical Research) from 10 hospitals showed that when Covid patients acquire drug-resistant infections in hospitals, the mortality is almost 50-60%.

Measures Taken to Address AMR (India):

• National Programme on AMR containment: Launched in 2012. Under this programme, AMR Surveillance Network has been strengthened by establishing labs in State Medical College.
• National Action Plan on AMR: It focuses on One Health approach and was launched in April 2017 with the aim of involving various stakeholder ministries/departments.
• AMR Surveillance and Research Network (AMRSN): It was launched in 2013, to generate evidence and capture trends and patterns of drug resistant infections in the country.
• AMR Research & International Collaboration: Indian Council of Medical Research (ICMR) has taken initiatives to develop new drugs /medicines through international collaborations in order to strengthen medical research in AMR.
• ICMR along with Research Council of Norway (RCN) initiated a joint call for research in antimicrobial resistance in 2017.
• ICMR along with the Federal Ministry of Education and Research (BMBF), Germany has a joint Indo-German collaboration for research on AMR.
• Antibiotic Stewardship Program: ICMR has initiated antibiotic stewardship program (AMSP) on a pilot project across India to control misuse and overuse of antibiotics in hospital wards and ICUs.
• DCGI has banned 40 Fixed Dose Combinations (FDCs) which were found inappropriate.

Global Measures

• World Antimicrobial Awareness Week (WAAW): Held annually since 2015, WAAW is a global campaign that aims to raise awareness of antimicrobial resistance worldwide and encourage best practices among the general public, health workers and policy makers to slow the development and spread of drug-resistant infections.
• The Global Antimicrobial Resistance and Use Surveillance System (GLASS): WHO launched the GLASS in 2015 to continue filling knowledge gaps and to inform strategies at all levels.GLASS has been conceived to progressively incorporate data from surveillance of AMR in humans, surveillance of the use of antimicrobial medicines, AMR in the food chain and in the environment.

GS PAPER III NEWS

GS PAPER III Indian Semiconductor Mission

Why in News?

India Semiconductor Mission (ISM) has been set up as an Independent Business Division within Digital India Corporation having administrative and financial autonomy to formulate and drive India’s long-term strategies for developing semiconductors and display manufacturing facilities and semiconductor design ecosystem.

Key Point

• ISM is serving as the nodal agency for efficient, coherent and smooth implementation of the programme for development of semiconductor and manufacturing ecosystem in India.

What are Semiconductors?

• Any of a class of crystalline solids intermediate in electrical conductivity between a conductor and an insulator.
• Semiconductors are employed in the manufacture of various kinds of electronic devices, including diodes, transistors, and integrated circuits. Such devices have found wide application because of their compactness, reliability, power efficiency, and low cost.
• As discrete components, they have found use in power devices, optical sensors, and light emitters, including solid-state lasers.

Importance of Semiconductors:

• Semiconductor chips play a critical part in making life easier, stimulating digital disruption, and advancing the economy.
• Semiconductors are the foundation of modern electronics driving the next phase of digital transformation under Industry 4.0.
• The ubiquitous chips are now an integral part of contemporary automobiles, household gadgets such as refrigerators, and essential medical devices such as ECG machines.
• Scarcity of chips can cause production to suffer in almost every industry, underlining the necessity to diversify chip supply.
• Semiconductor chips are integral parts of the powertrain, chassis, safety systems, advanced driver assistance systems, and other parts of automobiles.
• They are used more in passenger vehicles compared to commercial vehicles or two-wheelers
• The move to electric vehicles has led to increased demand for chips. For example, a Ford Focus typically uses roughly 300 chips, whereas one of Ford’s new electric vehicles can have up to 3,000 chips

Objectives of ISM are as under:

• Formulate a comprehensive long-term strategy for developing sustainable semiconductors and display manufacturing facilities and semiconductor design eco-system in the country in consultation with the Government ministries / departments / agencies, industry, and academia.
• Facilitate the adoption of secure microelectronics and developing trusted semiconductor supply chain, including raw materials, specialty chemicals, gases, and manufacturing equipment.
• Enable a multi-fold growth of Indian semiconductor design industry by providing requisite support in the form of Electronic Design Automation (EDA) tools, foundry services and other suitable mechanisms for early-stage start-ups.
• Promote and facilitate indigenous Intellectual Property (IP) generation.
• Encourage, enable and incentivize Transfer of Technologies (ToT).
• Establish suitable mechanisms to harness economies of scale in Indian semiconductor and display industry.
• Enable cutting-edge research in semiconductors and display industry including evolutionary and revolutionary technologies through grants, global collaborations and other mechanisms in academia / research institutions, industry, and through establishing Centres of Excellence (CoEs).
• Enable collaborations and partnership programs with national and international agencies, industries and institutions for catalysing collaborative research, commercialization and skill development.

Following four schemes have been introduced under Mission

• ‘Modified Scheme for setting up of Semiconductor Fabs in India’ for attracting large investments for setting up semiconductor wafer fabrication facilities in the country to strengthen the electronics manufacturing ecosystem and help establish a trusted value chain. The Scheme extends a fiscal support of 50% of the project cost on pari-passu basis for setting up of Silicon CMOS based Semiconductor Fab in India.
• ‘Modified Scheme for setting up of Display Fabs in India’ for attracting large investments for manufacturing TFT LCD or AMOLED based display panels in the country to strengthen the electronics manufacturing ecosystem. Scheme extends fiscal support of 50% of Project Cost on pari-passu basis for setting up of Display Fabs in India.
• ‘Modified Scheme for setting up of Compound Semiconductors / Silicon Photonics / Sensors Fab / Discrete Semiconductors Fab and Semiconductor Assembly, Testing, Marking and Packaging (ATMP) / OSAT facilities in India’ shall extends a fiscal support of 50% of the Capital Expenditure on Pari-passu basis for setting up of Compound Semiconductors / Silicon Photonics (SiPh) / Sensors (including MEMS) Fab/ Discrete Semiconductor Fab and Semiconductor ATMP / OSAT facilities in India.
• ‘Semicon India Future Design: Design Linked Incentive (DLI) Scheme’offers financial incentives, design infrastructure support across various stages of development and deployment of semiconductor design for Integrated Circuits (ICs), Chipsets, System on Chips (SoCs), Systems & IP Cores and semiconductor linked design.
  • The scheme provides “Product Design Linked Incentive” of up to 50% of the eligible expenditure subject to a ceiling of ₹15 Crore per application and “Deployment Linked Incentive” of 6% to 4% of net sales turnover over 5 years subject to a ceiling of ₹30 Crore per application.