9 PM Daily Current Affairs Brief – 13 March 2017

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Live Mint

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Front Page / NATIONAL

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[1]. SC cracks down on judicial delays

 

The Hindu

 

Context

In a slew of guidelines for High Courts, it sets deadlines for hearing, disposing of criminal cases

 

Issue: SC issues guidelines for High Courts

 

Observations made by SC

• No place for non-performers: Judicial service as well as legal service are not like any other services. They are missions for serving the society… Posting of suitable officers in key leadership positions of Session Judges and Chief Judicial Magistrates may perhaps go a long way in dealing with the situation. Non-performers/deadwood must be weeded out as per rules
• Time-bound disposal of cases: SC has also fixed a time-bound hearing and disposing of criminal cases, especially in bail applications. The Supreme Court suggested that bail applications be decided in a week by subordinate courts, while High Courts do the same within a month
  • Court also said that magisterial trials, where accused are in custody, should normally be concluded within six months and sessions trials, with accused in custody, within two years
  • Ensure that subordinate courts dispose of cases pending for five years by the end of 2017. In case of High Courts, the judgment said criminal appeals, where accused are in custody for more than five years, should be concluded at the earliest
• Assessment of judicial performance: SC has said that timelines prescribed in the judgment would be used to assess judicial performance in the annual confidential reports of judicial officers
• Monitoring lower courts: SC has said that High Courts should monitor action plans for lower courts and keep a constant watch
• Release of undertrials: SC has said that those undertrials who have already completed their entire period of their sentence had they been found guilty should be released on personal bond
  • SC noted that 50% of the population in jails consists of undertrial prisoners and long periods of incarceration without bail or trial is human rights violation
• The court held that liberal adjournments of cases must be avoided and witnesses once produced must be examined on consecutive dates. It held that suspension of work or strikes were “clearly illegal and it is high time that the legal fraternity realises its duty to the society which is the foremost”

 

[2]. India to lose presence on U.N. scientific panel

 

The Hindu

 

Context

Even as India strenuously lobbies for seats in global high tables such as the United Nations Security Council and the Nuclear Suppliers Group, it will — for the first time in two decades — not have a member in a prestigious, U.N. scientific body that decides what portions of the seabed can be exclusively mined for natural resources such as oil, precious metals and minerals

 

Issue: No one has been nominated by India for Commission on Legal Continental Shelf (CLCS)

 

What is CLCS?

Part of United Nations Convention on the Law of the Sea (UNCLOS), this scientific body decides what portions of the seabed can be exclusively mined for natural resources such as oil, precious metals and minerals

• The CLCS has a five-year tenure and elections are due in June for the 2017-2022 term
• Existing members: In CLCS, the sitting members from the Asia-Pacific region are China, Japan, South Korea, Pakistan, Malaysia and India
• There is no remuneration for the sitting CLCS member

 

What is UNCLOS?

The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea treaty, is the international agreement that resulted from the third United Nations Conference on the Law of the Sea (UNCLOS III), which took place from 1973 through 1982

• The Law of the Sea Convention defines the rights and responsibilities of nations in their use of the world’s oceans, establishing guidelines for businesses, the environment, and the management of marine natural resources

 

Different Areas under UNCLOS III :

Internal waters

Covers all water and waterways on the landward side of the baseline. The coastal state is free to set laws, regulate use, and use any resource. Foreign vessels have no right of passage within internal waters.

Territorial waters :

• Out to 12 nautical miles from the baseline, the coastal state is free to set laws, regulate use, and use any resource.
• Vessels were given the right of innocent passage through any territorial waters, with strategic straits allowing the passage of military craft as transit passage, in that naval vessels are allowed to maintain postures that would be illegal in territorial waters.
• “Innocent passage” is defined by the convention as passing through waters in an expeditious and continuous manner, which is not “prejudicial to the peace, good order or the security” of the coastal state.
• Fishing, polluting, weapons practice, and spying are not “innocent”, and submarines and other underwater vehicles are required to navigate on the surface and to show their flag. Nations can also temporarily suspend innocent passage in specific areas of their territorial seas, if doing so is essential for the protection of its security.

 

Archipelagic waters :

• The convention defines how the state can draw its territorial borders.
• A baseline is drawn between the outermost points of the outermost islands, subject to these points being sufficiently close to one another.
• All waters inside this baseline are designated Archipelagic Waters.
• The state has full sovereignty over these waters (like internal waters), but foreign vessels have right of innocent passage through archipelagic waters (like territorial waters).

 

Contiguous zone
Contiguous zone is 24 nautical miles from the territorial sea baseline in which a state could continue to enforce laws in four specific areas: pollution, taxation, customs, and immigration.

Continental shelf

• The continental shelf is defined as the natural prolongation of the land territory to the continental margin’s outer edge, or 200 nautical miles from the coastal state’s baseline, whichever is greater.
• A state’s continental shelf may exceed 200 nautical miles until the natural prolongation ends.
• However, it may never exceed 350 nautical miles from the baseline.
• Coastal states have the right to harvest mineral and non-living material in the subsoil of its continental shelf, to the exclusion of others. Coastal states also have exclusive control over living resources “attached” to the continental shelf, but not to creatures living in the water column beyond the exclusive economic zone.

 

Under the provision of UNCLOS, a coastal country can seek an extension of the EEZ beyond the approved 200 nautical miles if it can demonstrate that the continental shelf of the country extends beyond that distance – up to a maximum of 350 nautical miles. On June 2011, India’s EEZ was extended to 350 nautical mile

 

What is ITLOS?

The International Tribunal for the Law of the Sea is an independent judicial body established by the United Nations Convention on the Law of the Sea to adjudicate disputes arising out of the interpretation and application of the Convention. The Tribunal is composed of 21 independent members, elected from among persons enjoying the highest reputation for fairness and integrity and of recognized competence in the field of the law of the sea.

 

What has happened?

India has decided not to send nomination for CLCS membership this year. Instead it has fielded nomination for another body called International Tribunal for the Law of the Sea (ITLOS)

 

Who nominates members for CLCS?

Ministry of External Affairs nominates members for CLCS

 

Which is the nodal ministry of the government on laws for sea related issues?

The MoES is the nodal Ministry of the Government for the Law of the Sea-related issues

 

Significance of CLCS membership

• Not having an Indian in this 21-member group would mean that China and Pakistan would likely “grab” two of the five seats allotted to the so-called Asia-Pacific group
• Help in determining strength of other countries claims to seabed: Apart from signaling prestige, a membership of the commission allows India to gauge the scientific strength of claims by countries to parts of the seabed that, like territorial waters, are often hard to demarcate. Such information is privy only to participants
  • Disputes with neighbors: India has had disputes with several neighbors — Pakistan, Bangladesh and Sri Lanka — over how the continental shelf (the seabed under the Arabian Sea, the Indian Ocean and the Bay of Bengal) can be fairly distributed
  • Scrutiny of India’s submission: India has huge interest in CLCS and applied for extending the Exclusive Economic Zone (EEZ) up to 350 nautical miles from the existing 200 nautical miles. India’s submission to CLCS will likely come up for scrutiny later this year, and Sri Lanka, which has claimed a larger area than India, will be examined first. India’s application number is 48, while Sri Lanka’s is 43

 

Backdrop

India became a signatory to the UNCLOS in 1982 and has had continuous representation in CLCS, ITLOS and the International Seabed Authority (ISA) since their inception in 1997, 1996 and 1994 respectively

 

[3]. Indo-Russian transport plane JV grounded

 

The Hindu

 

Context

MTAL was to build India’s own military transport aircraft

 

What has happened?

Multi-role Transport Aircraft Ltd. (MTAL) will be wound up soon

• The closure of the company, when it happens, will formally bury a decade-old plan to co-design and co-develop a cargo/transport plane for the armed forces of the two nations

 

MTA
Multi-role Aircraft Transport (MTA)’sJoint development of the plane was conceived around 2006-07 and firmed up in 2010 via an inter-governmental agreement.

• Two years later, HAL and Russian military entities — United Aircraft Corporation-Transport Aircraft (UAC-TA) and Rosoboronexport — signed a general contract to form the special purpose MTAL, with a 50:25:25 equity split to take the project forward
• Each side put in $20 million as paid-up capital

 

Replacement for An 32

• According to the old plan, the 15-20-tonne medium lift plane would replace the ageing Antonov /An-32 transport planes
• The demand was estimated at 205 MTAs — 45 for the Indian Air Force, 100 for the Russian Air Force and another 60 for exports
• The Indian aircraft was to be designed by HAL in Bengaluru and produced at its transport division in Kanpur
• The project cost was estimated at $600 million (then around ₹2,700 crore)

 

Issues

Following issues subsequently cropped up,

• Incompatible engine design
• Performance issues at higher altitudes
• Cost escalation

 

Ukraine’s help

While the An-32s are now proposed to be upgraded, this can only be done with the help of Ukraine, which is in conflict with Russia

 

[4]. What is hyperloop?

 

The Hindu

 

Context

The term hyper-loop has suddenly taken the India by storm, with everybody having an opinion on the best route in India to deploy the futuristic transportation system

 

Issue: Hyperloop

 

What is a Hyperloop?

It was entrepreneur Elon Musk who came up with the idea for a hyperloop. It is a system where magnetically levitating capsules are sent at high speeds through low-pressure tubes, thereby potentially reducing transport time — of people and goods — by more than 80%.

Such a system is now being developed to connect Abu Dhabi and Dubai

 

But why is India so excited about it?

Hyperloop One, the company developing the technology, has begun an online vote for people to suggest and choose the best route to deploy a hyperloop in their countries. It said the Hyperloop One Global challenge received 2,600 registrants from 90 countries. It then selected 35 semi-finalists from across the world, five of which are from India

• The route choices for India are: Bengaluru-to-Chennai (334 km in 20 minutes), Bengaluru-to-Thiruvananthapuram (736 km in 41 minutes), Delhi-to-Mumbai via Jaipur and Indore (1,317 km in 55 minutes), Mumbai-to-Chennai via Bengaluru (1,102 km in 50 minutes), and Bengaluru to Chennai (334 km in 20 minutes).

When can we see it in action in India?

Hyperloop One has announced its intentions to begin operations in India by 2021. There are also reports that the company has already begun talks with the Indian government to see how to make this possible, and how to combine this with the Make in India mission by sourcing the necessary material locally

 

Any Pros & Cons?

 

Pros:

• If approved, such plans would enable India to jump forward in its transport infrastructure and could revolutionize the way business is conducted
  • Businesses are likely to pay for the premium charged to be able to schedule meetings and presentations cities apart, all in the same day

 

Cons:

At a time when railway infrastructure is abysmal and the airline industry is priced beyond the abilities of most of the populace, can India really afford another transport system only to be used by businesses and businesspeople?

 

[5]. Sweet spot in eye helps humans read

 

The Hindu

 

Context

‘Scientist couple’ deciphers the most important aspects of how our vision works at cellular level

 

What has happened?

A team led by Kolkata-born scientists has found that a special sweet spot in the eye called ‘fovea’ plays a crucial role in humans being able to focus on computer screens and also read, an ability which is unique to Homo sapiens

• The findings decipher the mechanism that lets humans read the text, recognize faces, enjoy colors
• The latest study provides one of the first glimpses into how the fovea works at a cellular and circuit level. It turns out to be very different from how other regions of the retina operate

 

Fovea

The fovea is a specialized region that dominates our visual perception. It provides more than half of the input from the eyes to the visual cortex of the brain.

• Among mammals, only humans and other primates have this dimple-like structure in their retinas
• The fovea is responsible for our visual experiences that are rich in colorful spatial detail
• Located near the optic nerve, the fovea is at its best for fine tasks like reading. Compared to the peripheral retina, however, the fovea is less able to process rapidly changing visual signals.

 

Significance of the finding

• Figuring out how the fovea functions is essential to the search for strategies to correct central vision loss, including efforts to design visual prosthetics
• The results help explain why central and peripheral vision have different qualities

 

Editorial/OPINION

[1]. Reforming trade in agri-products

 

The Hindu

 

Context

Trading of agricultural commodities in India has been crippled by multiple structural and regulatory issues

 

Issue: Problems in trading of agricultural commodities

 

Present situation

Currently, a farmer can take the produce from the farm to a certified warehouse, get the quality inspected and receive a negotiable warehouse receipt (WR) with a unique identity (ISIN). This WR can be traded on the exchange

 

Problems faced

• Low farm size: The typical farm size in India is very small and the total produce of a farm would probably be lower than a single tradable lot at the exchange

Solution:Creating a pool of farmers through initiatives like Farmer Producer Companies (FPC) is a good idea

Why a farmer sells to the broker?

Usually the farmer, either directly or through a broker, sells the produce based on the prevailing MSP. Storing produce in a warehouse is often not an option for these farmers. The main reason for this is that the MSP has become the market price instead of being the minimum assured price. It means that the farmer is not incentivized to carry the goods.

• Private participation: The suspension of forwards contracts, ban on trading of chana and castor in 2016 have had an impact on the volumes and market confidence
• Higher storage cost: Storage cost at certified warehouses is higher than the cost at the non-certified ones

 

Economy 

[1]. China poses security threat in power sector

 

The Hindu

 

Context

Several Chinese firms are gearing up to participate in bids invited by Central and State sector utilities for transmission

 

What has happened?

China Southern Power Grid International (HK Company Ltd.), a subsidiary of state-owned China Southern Power Grid Co Ltd., has partnered with CLP India Private Ltd. to build power transmission networks in India.

• Several Chinese firms are gearing up to participate in bids invited by Central sector and State sector utilities for establishment, operation and maintenance of transmission lines for periods ranging from 25 to 35 year
• In bids called for the inter-state transmission system projects involving investments worth more than ₹3,000 crore, China Southern Power has submitted qualification documents to build, own and operate power transmission networks in India
• The projects are: transmission systems for an ultra-mega solar park in Jaisalmer, Rajasthan, Eastern Region Strengthening Scheme (ERSS)-XXI and the New WR-NR Inter-Regional Corridor

 

Proceed with caution

• IEEMA cautions against Chinese firms: Local power gear makers’ lobby group, the Indian Electrical Equipment Manufacturers Association (IEEMA), has raised a red flag over the issue. IEEMA has cautioned against the associated risks if Chinese firms are allowed to bid and operate transmission projects in India
• Potential risk to critical national security: According to IEEMA, electricity transmission is a critical infrastructure for the economy and has significant bearing on the national security. The outage of one transmission element can have a cascading impact and can lead to a grid blackout situation, putting the military establishment, internal law and security and hospitals at a great risk
• Like India will not buy fighter jets from China, it should not hand over its critical power infrastructure to them
• IEEMA in favor of ban on Chinese equipment in transmission: IEEMA had earlier written to India’s National Security Adviser (NSA) AjitDoval, seeking a ban on Chinese equipment in transmission, equating grid security to national security as hacked networks could bring down military establishments and hit railways, hospitals and operations in the oil sector

 

Global examples

• Rejection by Australia: In 2016, citing national security concerns, the Australian government rejected competing bids from Hong Kong and mainland Chinese groups for control of a company that supplies electricity to Sydney and neighbouring areas. The bid was for a 50.4% controlling stake in Australian electricity distributor Ausgrid
• In November 2016, U.S.-China Economic and Security Review Commission, which provides non-binding recommendations to Congress, has accused Beijing of using its huge state-owned enterprises (SOEs) as tools to advance national security goals

 

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Indian Express

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