Current Affairs 6th July 2023 for UPSC Prelims Exam

Collegium System

Context: The Supreme Court Collegium recommended Telangana High Court Chief Justice Ujjal Bhuyan and Kerala High Court Chief Justice S. Venkatanarayana Bhatti for appointment as judges in the top court.

What is the Collegium System?

The Collegium system in India also called “Judges- selecting- Judges”, is an internal mechanism of the judiciary, where the judges are appointed and transferred only by the judges.
The system has evolved by means of the judgments of the Supreme Court, and not by an Act of Parliament or by a Constitutional provision.
Composition of the collegium:
- The Supreme Court Collegium is headed by the Chief Justice of India and comprises 4 other senior-most judges of the SC.
- A High Court collegium is headed by its Chief Justice and 4 other senior-most judges of that court.

Procedures for the judicial appointments by the collegium system

For appointing Chief Justice of India (CJI):
- The President of India appoints the CJI and the other SC judges.
- The outgoing CJI recommends his successor.
- In practice, it has been strictly by seniority ever since the supersession controversy of the 1970s.
For appointing other SC Judges:
- SC judges are recommended by a Collegium consisting of the CJI and 4 senior-most judges of SC.
- The Collegium recommends the candidate to the Law Minister, who forwards it to the Prime Minister who then advises the President for the final appointment.
For appointing Chief Justice of High Courts:
- President appoints CJ of HC in consultation with CJI (consults other SC collegium members) and governor of the respective state.
- The candidate is selected from outside the respective state.
For appointing other HC judges: HC judges are also appointed by the President who consults the HC Collegium (CJ of HC and 4 senior-most HC judges), CJI (consults other SC collegium members), and the Governor of the respective state.
For appointing Judges of Common HC: Judges of common HC are appointed by the President who consults CJI (consults other SC collegium members) and Governors of respective states.

National Judicial Appointments Commission (NJAC)

In August 2014, Parliament passed the Constitution (99th Amendment) Act, 2014 along with the NJAC Act, 2014, providing for the creation of an independent commission to appoint judges to the Supreme Court and high courts to replace the collegium system.
Composition of NJAC:
- The Chief Justice of India as the ex officio Chairperson
- Two senior-most Supreme Court Judges as ex officio members
- The Union Minister of Law and Justice as ex officio member
- Two eminent persons from civil society (to be nominated by a committee consisting of the Chief Justice of India, Prime Minister of India and the Leader of Opposition in the Lok Sabha; one of the eminent persons to be nominated from SC/ST/OBC/minorities or women).
However, in 2015, the Supreme Court declared both the 99th Constitutional Amendment Act, 2014 and the NJAC Act, 2014 as unconstitutional on the ground that it posed a threat to the independence of the judiciary, which forms a part of the basic structure of the Constitution.

Current Affairs 5th July 2023 for UPSC Prelims Exam

Smart Bandage

Context: A study published in Science Advances mentions about “smart bandage” to heal wounds.

What is Smart Bandage?

Definition: The device is assembled on a soft, stretchable polymer that helps the bandage maintain contact with and stick to the skin.
- The bioelectronic system consists of biosensors that monitor biomarkers in the wound exudate.
  - Exudate is fluid that leaks out of blood vessels into nearby tissues.
- Data collected by the bandage is passed to a flexible printed circuit board, which relays it wirelessly to a smartphone or tablet for review by a physician.
- A pair of electrodes control drug release from a hydrogel layer as well as stimulate the wound to encourage tissue regrowth.
Working of Smart Bandage: Biosensors determine the wound status by tracking the chemical composition of the exudates, which changes as the wound heals.
- Additional sensors monitor the pH and temperature for real-time information about the infection and inflammation.
- A pair of electrodes – the same electrodes that stimulate the tissue – control the release of drugs from a hydrogel layer.
- The wireless nature of the device sidesteps the problems of existing electrical stimulation devices, which usually require bulky equipment and wired connections, limiting their clinical use.
- The researchers tested the properties of their bandage in vitro.
  - They loaded an antimicrobial substance onto the hydrogel platform, and found it – using the bandage’s features – to be effective against a variety of bacteria commonly associated with chronic wounds.
  - Investigations using skin cells showed that the bandage’s electrical stimulation did enhance tissue regeneration.
Importance: Our skin can repair itself after injury through a complex wound-healing process. It consists of various stages in which different skin cells participate.
- Sometimes, complications from conditions like diabetes, insufficient blood supply, nerve damage, and immune system dysfunction can impair wound healing, resulting in chronic wounds.
- Irrespective of the underlying cause, all chronic wounds exhibit a disordered healing process and an inability to heal within the expected duration.
- Chronic non-healing wounds affect tens of millions of people around the world and cause a staggering financial burden on the health care system.
- Smart Bandage can accelerate healing in such cases as it can deliver drugs while monitoring the healing status and transmitting data to a smartphone.
- Cleaning and dressing the wound increases chances of bacterial contamination every time the wound is opened but smart bandage does not need to be changed continuously. Moreover, the bandage could also reduce the number of hospital visits.
Use of Smart Bandage in India: About 25% of the nearly 77 million diabetic adults in India develop diabetic foot ulcers, a type of chronic wound. Of these, around half of the wounds become infected, requiring hospitalization, and about 20% need amputation.
- Smart Bandage may make treatment of these wounds easier, more effective.
- Problem: The patient must be compliant and use the bandage according to the physician’s directions, which may be difficult in a government-facility setting.
- If the pathogens in the patient’s wounds resist the antimicrobial peptide in the bandage, then the bandage shall be changed and a hydrogel needs to be added with a different antibiotic, which will incur more cost for the patient.
- Solution: A pilot study in a government setup can be done when the smart bandage becomes available in the market.
  - The GoI currently has approved many surgeries and procedures under its insurance schemes and if this bandage can be added to the insurance scheme, it can be provided to the ones who need it the most.

National Research Foundation

Context: The Union Cabinet, chaired by the Prime Minister approved the introduction of the National Research Foundation (NRF) Bill, 2023 in the Parliament.

About the National Research Foundation (NRF)

NRF is a new central entity aimed at funding, promoting, and mentoring scientific research in higher educational institutions across the country.
The primary goal of the NRF: To foster a vibrant research culture within universities and colleges, marking a new era in Indian academia.
Modelled on the highly successful U.S. National Science Foundation, the NRF seeks to integrate the funding of scientific projects, breaking away from the siloed approach of the past.
Origin: The concept of the NRF was first introduced by Prime Minister in 2019 at the Indian Science Congress. Later, the establishment of NRF was included as a significant recommendation in the National Education Policy 2020.
The bill will also repeal the SERB and subsume it into NRF.
- The Science and Engineering Research Board (SERB) is a statutory body established through an Act of Parliament in 2008.
- Supporting basic research in emerging areas of Science & Engineering are the primary and distinctive mandate of the Board.
Budget and Funding Model:
- The NRF is expected to have an initial budget of Rs 50,000 crore over a five-year period from 2023 to 2028.
- Interestingly, a significant portion of this funding – Rs 36,000 crore – is expected to come from industry contributions, establishing a novel 50:50 funding model between the Department of Science and Technology (DST) and industry.
- This unique funding structure will further bolster the foundation’s financial sustainability, ensuring continuous support for deserving research projects.
Aims and Scope:
- The NRF’s primary objective is to bridge the gap between research and higher education in India, a dichotomy that has limited the development of the nation’s scientific capabilities.
- The foundation aims to build research capacities within Indian universities, bringing together the realms of education and research.
- In addition to promoting research in natural sciences and engineering, the NRF will also fund research in social sciences, arts, and humanities.
Governance and Structure:
- The NRF will be administratively housed under the DST and will be governed by a 16-member board, comprising two members from DST, five from industry, one from humanities, and six experts selected based on the project under review.
- Signifying the foundation’s wide-ranging influence, the Prime Minister will serve as the ex-officio president of the board, with the Minister of Science and Technology and the Minister of Education as ex-officio vice presidents.
- The executive council, overseeing the NRF’s functioning, will be chaired by the Principal Scientific Advisor to the government of India.

International Court of Justice

Context: The United Kingdom, Canada, Sweden and Ukraine have launched a case against Iran at the International Court of Justice.

About International Court of Justice

Definition: The International Court of Justice, also known as the World Court, is the main judicial organ of the UN.
Establishment: It was established in June 1945 by the Charter of the United Nations and began work in April 1946.
Seat of Court: The seat of the Court is at the Peace Palace in The Hague (Netherlands).
- Of the six principal organs of the United Nations, it is the only one not located in New York (United States of America).
Official Language: Its official languages are English and French.
Composition: The Court is composed of 15 judges, who are elected for terms of office of nine years by the United Nations General Assembly (UNGA) and the Security Council (UNSC). It is assisted by a Registry, its administrative organ.
- To be elected, a candidate must receive an absolute majority of the votes in UNGA and UNSC.
- One third of the Court is elected every three years.
- Judges are eligible for re-election.
- The Court may not include more than one national of the same State.
- The Court as a whole must represent the main forms of civilization and the principal legal systems of the world.
- Once elected, a Member of the Court is a delegate neither of the government of his own country nor of that of any other State.
- Unlike most other organs of international organizations, the Court is not composed of representatives of governments.
- Members of the Court are independent judges whose first task, before taking up their duties, is to make a solemn declaration in open court that they will exercise their powers impartially and conscientiously.
Functions:
- The Court may entertain two types of cases: legal disputes between States submitted to it by them (contentious cases) and requests for advisory opinions on legal questions referred to it by United Nations organs and specialized agencies (advisory proceedings).
- Only States (States Members of the United Nations and other States which have become parties to the Statute of the Court, or which have accepted its jurisdiction under certain conditions) may be parties to contentious cases.
- Advisory proceedings before the Court are only open to five organs of the United Nations and 16 specialized agencies of the United Nations family or affiliated organizations.
- The sources of law that the Court must apply are: international treaties and conventions in force; international custom; the general principles of law; judicial decisions; and the teachings of the most highly qualified publicists.
- The court’s judgments in contentious cases are final and binding on the parties to a case and without appeal.
- Unlike the Court’s judgments, advisory opinions are not binding.

Indian Judges at the ICJ

Judge Dalveer Bhandari: Since 2012
Raghunandan Swarup Pathak: 1989-1991
Nagendra Singh: 1973-1988
Sir Benegal Rau: 1952-1953

BRICS

Context: The BJP will attend the BRICS political parties plus dialogue in South Africa convened by the African National Congress (ANC) later in 2023.

What is BRICS?

Definition: BRICS is an acronym for the grouping of the world’s leading emerging economies, namely Brazil, Russia, India, China, and South Africa.
Establishment: In 2001, the British Economist Jim O’Neill coined the term BRIC to describe the four emerging economies of Brazil, Russia, India, and China.
- The grouping was formalised during the first meeting of BRIC Foreign Ministers in 2006.
- South Africa was invited to join BRIC in December 2010, after which the group adopted the acronym BRICS.
Share of BRICS: The BRICS brings together five of the largest developing countries of the world, representing 41% of the global population, 24% of the global GDP and 16% of the global trade.
Chairmanship: The chairmanship of the forum is rotated annually among the members, in accordance with the acronym B-R-I-C-S.
- India was the chair for 2021.
Initiatives By BRICS:
- New Development Bank: During the Sixth BRICS Summit in Fortaleza (Brazil) in 2014, the leaders signed the Agreement establishing the New Development Bank (NDB – Shanghai, China).
- Contingent Reserve Arrangement: In 2014, the BRICS governments had signed a treaty on the setting up of the contingent reserve arrangement.
The arrangement is aimed at forestalling short-term balance of payments pressures, provide mutual support and strengthen financial stability of the BRICS nations.
- BRICS Payment System: BRICS countries are trying to create a payment system as an alternative to the SWIFT payment system. This has taken on a new urgency as post Ukraine war, Russia has been frozen out of SWIFT.
- Launch of Remote Sensing Satellite: BRICS nations signed an agreement for cooperation in remote sensing satellite data sharing. Remote Sensing constellation of satellites has been launched with 6 satellites including 2 from India, 2 from China, 1 from Russia, and 1 Brazil-China collaboration. The pact will guide the remote sensing sharing mechanism to better help the socioeconomic development of the BRICS countries and meet common challenges, such as climate change, disaster relief and environmental protection.

Relevance of BRICS for India: Initially, BRIC gained popularity as an acronym representing four emerging economies: Brazil, Russia, India, and China.

However, two of the BRIC members, Brazil and India, formed a separate grouping with South Africa called IBSA in 2003.
At that time, China expressed interest in joining IBSA, but Brazil and India insisted that the forum should be limited to democracies.
In response to being rejected from IBSA, China strategically brought South Africa into the BRIC grouping, transforming it into BRICS. This move resulted in BRICS gaining prominence and overshadowing the IBSA grouping.
IBSA has been unable to hold a summit since 2011, indicating its diminished activity and influence.
On the other hand, BRICS has continued to hold summits regularly, with 14 summits taking place in the past 13 years.
This contrast in the number of summits held by each group demonstrates the relative success and durability of BRICS compared to IBSA.