CIVIL SNIPPETS

SC firm on unearthing ‘larger plot against CJI’- Krishnadas Rajagopal #GS2

#Governance
The Supreme Court resolved to “enquire, enquire and enquire” till it gets to the root of whether sexual
harassment allegations against Chief Justice of India Ranjan Gogoi is part of a larger conspiracy hatched
by a gang of “disgruntled employees and fixers.”

Mr. Bains said he had crucial evidence to show that a lobby was at work to bring disrepute to the Chief
Justice and the judiciary.

In its four-page order, the Bench recorded that Mr. Bains named two former apex court employees,
Tapan Kumar Chakraborty and Manav Sharma, who were recently dismissed from service for allegedly
doctoring a judicial order in a contempt case between Ericsson and businessman Anil Ambani.

The Bench summoned the CBI Director, Director of the Intelligence Bureau and the Commissioner of
Police, Delhi, to the judges’ chambers at half-past noon. The judges requested the three top officials to
seize relevant material supporting Mr. Bains’ affidavit.

This development comes a day after the court formed a committee of three Supreme Court judges to
examine the allegations of sexual harassment raised by a former woman employee against Chief Justice
Gogoi.

The Bench clarified that its proceedings on Mr. Bains’ claims would not ‘supersede’ the in-house enquiry
being conducted by the judges’ panel into the woman’s allegations.

Senior advocate Indira Jaising voiced apprehensions that the judicial proceedings would negate the
mandate of the judges’ committee. However, the Bench said the court proceedings had nothing to do
with the woman’s claims, but was only confined to the allegations of Mr. Bains.

https://www.thehindu.com/todays-paper/sc-firm-on-unearthing-larger-plot-against-
cji/article26938698.ece

10 Pakistan-based terrorists had role in cross-LoC trade #GS3 #Security #GS2 #IR
Ten Pakistan-based terrorists have been found involved in funnelling illegal weapons, narcotics and fake
currency into the Valley after the government suspended cross-Line of Control (LoC) trade between
Jammu and Kashmir and Pakistan-occupied Kashmir (PoK) from April 19.

The Ministry of Home Affairs had cited misuse by militants as the reason for shutting down the trade.
The sources said investigations had shown that the 10 from J&K had crossed over to Pakistan and
joined terror groups. They were found to be engaged in the trade.
“Firms under the control of these militants were doing LoC trade with Indian trading firms operated by
their own relatives on the Indian side. The channel of LoC trade, meant to facilitate exchange of goods of
common use between local populations, was being exploited to fund illegal and anti-national activities
in Jammu & Kashmir.

Originally from Budgam and now living in Muzzafarabad, Pakistan, Imtiyaz Ahmed Khan was engaged in
the trade through MIK Traders and Imtiyaz Traders Muzaffarabad.

A Pattan native living in Rawalpindi, Amir, is also among the 10, sources said. The government sources
said Sayeed Ajay Ahmed Shah alias Aizaz Rehmani from Srinagar and living in Muzaffarabad is the vice-
chairperson of the People’s League in PoK.

“Enquiries have revealed that Aizaz Rehmani’s brother-in-law Arshad Iqbal Shah alias Ashu is involved in
cross LoC trade since 2010. Arshad was arrested by the National Investigation Agency in 2016 and is in
the Baramulla district jail.

https://www.thehindu.com/todays-paper/tp-national/10-pakistan-based-terrorists-had-role-in-cross-
loc-trade/article26938590.ece

The Supreme Court committee and institutional bias- Dushyant Dave #GS2
#Governance
The Supreme Court constituted a committee comprising Justice S.A. Bobde, Justice N.V. Ramana and
Justice Indira Banerjee. All three judges command universal respect on account of their competence,
objectivity, experience and independence. Two of them, Justices Bobde and Ramana, will become Chief
Justice of India in coming years. In normal times, this would be a dream committee.

Yet, the constitution of the committee raises very serious and profound questions that need to be
debated and addressed at the outset. Any delay will result in negation of the rule of law.

The Supreme Court’s judgment in 1997 in Visakha v. State of Rajasthan is a watershed in its history. In
the absence of any domestic law occupying a field providing for measures to check the evils of sexual
harassment at all workplaces, the Supreme Court invoked its extraordinary powers under Article 32 to
lay down a new law to fill the vacuum.

In so doing, the judges laid emphasis on Fundamental Rights under Articles 14, 15, 19(1)(g) and 21 of
the Constitution together with International Conventions and Article 51C and 253 of the Constitution.
They emphasised guarantee of gender equality and right to work with human dignity among others.
The judges relied upon the Beijing Declaration of 1995 where the Chief Justices of Asia and Pacific had
inter alia declared that among the objectives and functions of the judiciary is “to ensure that all
persons are able to live securely under the rule of law”.

Relying upon “Convention on Elimination of all Forms of Discrimination against Women”, the judges
referred to the rights of women and in particular, the right to work, as an inalienable right of all
human beings and to “the right to protection of health and to safety in working conditions, including
the safeguarding of the function of reproduction”.

Accordingly they declared, “In view of the above, and the absence of enacted law to provide for the
effective enforcement of the basic human right of gender equality and guarantee against sexual
harassment and abuse, more particularly against sexual harassment at workplaces, we lay down the
guidelines and norms specified hereinafter for due observance at all workplaces or other institutions,
until a legislation is enacted for the purpose.”

Among the guidelines and norms laid down are:

“1. Duty of the employer or other responsible persons in workplaces and other institutions: It shall be
the duty of the employer or other responsible persons in workplaces or other institutions to prevent or
deter the commission of acts of sexual harassment....

7. Complaints Committee: ... The Complaints Committee should be headed by a woman and not less
than half of its members should be women....” Accordingly the court finally directed, “We direct that the
above guidelines and norms would be strictly observed in all workplaces for the preservation and
enforcement of the right to gender equality of the working women. These directions would be binding
and enforceable in law until suitable legislation is enacted to occupy the field...”

Parliament enacted the law in 2013. It is “an Act to provide protection against sexual harassment of
women at workplace”. Section 3 expressly declares “no woman shall be subjected to sexual
harassment at any workplace”.

The expression ‘workplace’ is defined in an inclusive manner and though it does not include court
premises expressly, they are deemed to be included.

Sections 4 and 7 are relevant and speak about constitution of internal complaints committee and local
complaints committee categorically requiring the chairperson to be a woman employed at a senior
level at the workplace or from among eminent women from the field of social work and committed to
the cause of women. They also provide that “members be from among the employees, NGO espousing
cause of women, etc. be women”.

The Gender Sensitisation and Sexual Harassment of Women at Supreme Court (Prevention,
Prohibition and Redressal) Guidelines, 2013, in the Preamble, have laudatory objectives, but appear to
exclude the court staff from their umbrella and protection.

Constitution of the committee under Regulation 4 of at least seven members is to be done in

accordance with the judgment in the Visakha case and essentially requires only women to be
appointed including as the chairperson from the Bench, the Bar, Registry or the non-governmental
organisations involved with the cause of women. This is the safe guide to constitute a committee.

The Supreme Court has failed to implement Visakha judgment in its own precincts, and Parliament has
failed to apply the Act of 2013 to court premises across the country. Clearly, the judges have kept
themselves out of the ambit of the Act and the regulations, at least in the Supreme Court. This raises
very serious questions as to the rationale and justification of so doing.

Be that as it may, with binding Visakha judgment, the court could not have appointed the committee as
it did to examine the allegations of sexual harassment against one of their own, the Chief Justice. The
constitution of the committee is contrary to the letter and spirit of the Act and the guidelines.

The very rationale for ensuring that the investigating committee for sexual harassment is headed by a
woman and should comprise essentially women was to ensure fairness and comfort to the complainant.
It would be taking away the dignity of the woman if she were to appear before a committee comprised
of men even to describe in detail the sexual harassment suffered by her. The sensitivity required will be
lost.

To add to the woes of the complainant are extremely troubling statements issued by the Secretary-
General of the Court and by the office-bearers of the Union of the Employees of the Court, both terming
her allegations to be false and expressing solidarity with the Chief Justice.

Add to these the newspaper reports to the effect that the judges in a meeting held on expressed
support to the Chief Justice. Where then is the possibility for her to get fairness in the inquiry? The only
witnesses who could possibly support her version are the employees of the Court.

It is inconceivable that they can give independent evidence with this background and that too before a
committee comprising three judges, two of whom are going to be Chief Justices in the future. The fate
of the complainant stands sealed.

Natural Justice or Divine Justice is a great humanising principle intended to empower law with fairness
to secure justice and prevent miscarriage of justice. Good administration would naturally require fair
play in action.

As has been well said, “the history of liberty has largely been the history of the observants of procedural
safeguards”. The first principle of natural justice is the rule against bias and is based on two salutary
principles, “Justice should not only be done, but manifestly and undoubtedly be seen to be done” and
“Judges, like Caesar’s wife, should be above suspicion”. Institutional bias is against natural justice.

The Supreme Court itself in the case of Institute of Chartered Accountants in 1986 declared that the
removal of a member of the institute on a ground of misconduct was vitiated on account of bias as
Chairman and Vice-Chairman of the Disciplinary Committee were Ex-Officio President and Vice-
President of the Council and so were other members of the committee drawn from the Council.

The report will have to be placed before the Full Court, which appears to have unanimously constituted
this committee and in that, the three members of the committee will also sit.

As early as 1957, the Supreme Court in Manak Lal’s Case has held “in such cases the test is not whether
the bias has effected the judgment: the test always is and must be whether a litigant could reasonably
apprehend that a bias attributable to a member of the Tribunal might have operated against him in the
final decision of the Tribunal, it is in this sense that it is often said that justice must not only be done but
must also appear to be done.”

Justices must redeem themselves. Events starting from Saturday (including those that have emerged for
period prior thereto) have left citizens bewildered. Unless humane corrective measures are taken the
court may lose people’s trust.

https://www.thehindu.com/todays-paper/tp-national/the-supreme-court-committee-and-institutional-
bias/article26938619.ece

Constitution of J. Bobde panel violates the law #GS2 #Governance

A wide range of women across disciplines wrote to the judges of the Supreme Court on Wednesday
saying the constitution of the in-house committee led by Justice S.A. Bobde to examine the sexual
harassment allegations levelled against Chief Justice Ranjan Gogoi was in “complete violation” of the
sexual harassment of women at workplace law.

They said the formation of the committee tilted the balance against the woman who had alleged sexual
harassment against the CJI.

“Justice Bobde has appointed a committee with himself as chair and Justice N.V. Ramana and Justice
Indira Banerjee as members. The constitution of this committee with no external member is in complete
violation of The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act
2013.

The petition is authored by women scholars, advocates, journalists, writers, activists and civil rights
organisations across the country. Quoting media reports, the petition said the Justice Bobde committee
would start hearing on April 26 and had no fixed timeframe to finish the proceedings.

This is tilting the balance against the complainant, again violating the spirit of the Visakha judgment and
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013.”

The petition demanded that “keeping in mind the magnitude of the complaint” a special enquiry
committee consisting of credible individuals should be constituted to conduct a thorough enquiry at the
earliest and create an atmosphere of transparency and confidence for the complainant woman to
depose.

It said the Chief Justice should “refrain from transacting official duties and responsibilities until the
completion of the enquiry”.

https://www.thehindu.com/todays-paper/tp-national/constitution-of-j-bobde-panel-violates-the-
law/article26938610.ece

Army to build tunnels to store ammunition- Dinakar Peri #GS3 #Defence

Indian Army is planning to construct underground tunnels for storage of ammunition along the border
with China and Pakistan and Public Sector Undertaking NHPC Limited is being roped in for the purpose.

“Indian Army is in the process of executing pilot projects for construction of semi underground and
cavern type ammunition storage construction through NHPC Ltd., for which a Memorandum of
Understanding (MoU) will be signed in the next few days.

Underground storage offers improved safety, easier camouflage from enemy observation and satellite
imagery and protection from enemy strikes like those seen during the aerial engagement on February
27, a day after the Balakot air strike when Pakistan Air Force jets targeted Indian army installations along
the Line of Control (LoC). Major armies, including China and the U.S., already use underground
ammunition storage.

These tunnels will be built in high altitude areas in the Northern and Eastern borders. Initially, four pilot
projects would be taken up at four different locations along the Northern border and in Jammu and
Kashmir at a cost of Rs. 15 crore, the source said. “These are expected to be completed within two
years.”

As the conditions in the caverns are controlled, it ensures better safety of sensitive ammunition
minimising accidental explosions.

Key Points-

1. NHPC

https://www.thehindu.com/todays-paper/tp-national/army-to-build-tunnels-to-store-
ammunition/article26938600.ece

Libor transition opens up avenues for IT majors- Mini Tejaswi #GS3 #Economy
The London Interbank Offered Rate (Libor) transition opens up a sizeable business opportunity for
large consulting firms such as PwC, KPMG, EY and Deloitte and also for global IT firms, including
leading players in India.

Individual banks, financial institutions and lending houses are expected to spend anything from $50
million to upwards of $100 million a year for the next two years until the migration is completed by
the end of 2021. Analysts say IT will be 50% of this opportunity.

Regulators globally have asked firms to move away from Libor to other alternate, risk-free rates (RFRs).
Derivatives, bonds, mortgages, loans, mutual funds, securities, underwriting, deposits, advances,
pension funds and contracts, worth $370 trillion, are currently linked to the scam-hit Libor.

Opportunities around the migration include assessment of current exposure to Libor, design,
development and implementation of new products based on new rates, creation of new valuation
models, creation of fresh legal documents and policy frameworks. The transition involves a code
replacement towards new benchmark rate.

According to Sreedhar Vegesna, Partner & Leader - Financial Advisory at PwC, the Libor marketplace is
very large and it comprises of banks and all large lending agencies, including country lending from the
World Bank and Asian Development Bank.

“We work with regulators on the impact of the migration on customers and banks. Our involvement will
also include laying the migration road map, remediation, redrafting the contracts, planning for tax
implications and offering technology support

As far as the business opportunities are concerned, all financial products that are currently linked to
Libor would be moved to an optimum benchmark. This would require remodelling, predicting tax
implications, contractual changes and system infrastructure including processes and controls. The
change would also involve designing new products or remodelling existing products.

Large consulting firms like us have multi-faceted capabilities and teams for planning, monitoring,
stakeholder management, risk assessment, technology changes, communication and change
management. Libor transition is about methodology and approach towards migration.

For technology companies, Libor transition is like another Y2K wave and it involves creating new
systems, processes and platforms to support the entire migration. Libor conversion would provide
opportunity in systems integration, compliance, customization of packaged apps for meeting
reporting needs and related consulting in the short term.

Libor involves a seismic change and it provides an opportunity for consulting organisations to bring
into play the entire range of their capabilities. Majority of large banks and trading houses, including
Bank of America, Bank of England, Merrill Lynch, JP Morgan Chase, Morgan Stanley and Japanese banks
have started working on Libor transition.

https://www.thehindu.com/todays-paper/tp-business/libor-transition-opens-up-avenues-for-it-
majors/article26938540.ece

Banks told to disclose IL&FS NPA details in results #GS3 #Economy

The Reserve Bank of India (RBI) has asked banks and financial institutions to disclose the non-performing
assets (NPA) stemming from their exposure to troubled infrastructure conglomerate Infrastructure
Leasing & Financial Services Limited (IL&FS) and its group entities in their upcoming results
announcements.

In a notification, the central bank said the new directions are as per a February 25 order of the National
Company Law Appellate Tribunal (NCLAT), which asked banks not to declare their loans to the company
and group as NPAs.
No financial institution will declare the accounts of ‘Infrastructure Leasing & Financial Services Limited’
or its entities as ‘NPA’ without prior permission of this Appellate Tribunal.

The banking regulator has, therefore, asked the lenders to disclose details such as the provisions
required for such NPAs and also the actual provisions made, in their Notes to Accounts in the financial
results. It has prescribed a disclosure format for this purpose.

An account becomes non-performing if repayment is due for more than 90 days. Banks have to set aside
capital as provisions for NPAs. Banks and financial institutions have to disclose the information in a
particular format as prescribed by the banking regulator. Most lenders are finalising their earnings for
Jan.-March and FY 2018-19.

Key Points-

1. NCLAT
2. NPA

https://www.thehindu.com/todays-paper/tp-business/banks-told-to-disclose-ilfs-npa-details-in-
results/article26938533.ece

Centre likely to extend deadline for submission of INC-22 forms by firms- TCA
Sharad Raghavan #GS3 #Economy
The Centre is likely to extend the deadline and relax the rules for the disclosure norms it had set for
companies in an attempt to weed out shell companies, according to officials in the Ministry of Corporate
Affairs.

The Ministry had in February notified a set of forms, including INC-22, which required companies
incorporated on or before December 31, 2017 to provide details regarding the location of their offices,
directors, and proof of business. The deadline for submission of the form is April 25, 2019.

The start-up community in particular raised concerns about the form, saying that many of the
requirements — including a photo of the exterior and interior of the office, and one with a director
standing in front of the nameplate — were extremely onerous and unviable.

The main problem, they said in a letter to Corporate Affairs Minister Arun Jaitley, was that many start-
ups operated out of co-working spaces. Hence, taking such photographs would be unviable.

The current specifications in INC-22 ACTIVE form require start-ups and small businesses to upload a
GPS-enabled picture of the external building of the office, which is quite impractical as many operate
from homes or shared spaces or a small space in a large corporate building.

Companies that fail to meet the April 25 deadline will be categorised as ‘non-compliant’, and will have to
pay a fine of Rs. 10,000 to be re-classified as compliant.
https://www.thehindu.com/todays-paper/tp-business/centre-likely-to-extend-deadline-for-submission-
of-inc-22-forms-by-firms/article26938532.ece

Magic milk: fighting infections with a clue from the echidna- V. Geetanath #GS3
#Environment

In yet another attempt to find an alternative to bacteria-resistant antibiotics, scientists at the Council of
Scientific & Industrial Research - Centre for Cellular and Molecular Biology (CSIR-CCMB) have found out
that milk of an egg-laying mammal contains a novel anti-microbial protein that keeps its young ones safe
from infections.

Echidnas, also known as spiny anteaters, are unique egg-laying mammals found only in Australia and
New Guinea. Their young ones hatch from eggs at a very early stage of development and depend
completely on their mother’s milk.

But the mammary glands of the female echidnas are devoid of nipples, forcing the young ones to lick
milk from the mother’s body surface and potentially making them vulnerable to micro-organisms.

However, nature protects its own. A research team led by scientist Satish Kumar found out that the milk
of the echidna has a protein that can puncture the cell membranes of multiple bacterial species, thus
destroying the source of infection.

The scientist said that the protein could be used as an alternative to antibiotics. The research team has
found out ways to produce the protein in large quantities using E. coli . Scientists pointed out that there
is a rise of superbugs due to the indiscriminate use of antibiotics by the animal husbandry industry to
raise healthy livestock.

These superbugs can cause mastitis, an infection of the mammary gland, in lactating dairy animals. Dr.
Kumar’s team has been able to show that the protein from echidna milk is effective against mastitis-
causing bacteria.

These studies give us novel approaches to fighting infectious diseases taking clues from nature. They are
the best way forward in this emerging scenario of increased infectious disease burden and resistance to
current treatments.

https://www.thehindu.com/todays-paper/tp-life/magic-milk-fighting-infections-with-a-clue-from-the-
echidna/article26938517.ece

Ghana launches medical drone service- AGENCE FRANCE PRESSE #GS3 #SnT
Ghana launched a fleet of drones to carry medical supplies to remote areas, with President Nana Akufo-
Addo declaring it would become the “world’s largest drone delivery service”. The craft are part of an
ambitious plan to leapfrog problems of medical access in a country with poor roads.
The drones have been flying test runs with blood and vaccines, but the project was officially inaugurated
at the main drone base in Omenako. Omenako is the first of four distribution centres which, when fully
operational, will each have 30 drones serving 500 clinics within an 80-kilometre radius.

Operator Zipline, a U.S.-based company, said the three other sites should be up and running by the end
of 2019. The drones are planned to ferry 150 different medicines, blood, and vaccines to more than
2,000 clinics serving over 12 million people — roughly 40% of the population.

Zipline first began delivering blood and medicine in East Africa in 2016, deploying drones in Rwanda, a
country dubbed the “land of a thousand hills” where access to many villages by road is difficult. Doctors
can order blood or medicine by sending a message by mobile phone.

https://www.thehindu.com/todays-paper/tp-life/ghana-launches-medical-drone-
service/article26938519.ece

China announces plan to build moon station in 10 years- AGENCE FRANCE

PRESSE #GS3 #SnT

Beijing plans to send a manned mission to the moon and to build a research station there within the
next decade. China aims to achieve space superpower status and took a major step towards that goal
when it became the first nation to land a rover on the far side of the moon in January.

It now plans to build a scientific research station on the moon’s south pole within the next 10 years,
China National Space Administration head Zhang Kejian said during a speech marking “Space Day”.

He also added that Beijing plans to launch a Mars probe by 2020 and confirmed that a fourth lunar
probe, the Chang’e-5, will be launched by the end of the year.

Originally scheduled to collect moon samples in the second half of 2017, the Chang’e-5 was delayed
after its planned carrier, the powerful Long March 5 Y2 rocket, failed during a separate launch in July
2017.

China on Wednesday also announced that its Long March-5B rocket will make its maiden flight in the
first half of 2020, carrying the core parts of a planned space station. The Tiangong — or “Heavenly
Palace” — will go into orbit in 2022.

Key Points-

1. Chang’e-5 probe
2. Tiangong

https://www.thehindu.com/todays-paper/tp-life/china-announces-plan-to-build-moon-station-in-10-
years/article26938526.ece
NASA probe picks up first detected ‘marsquake’ #GS3 #SnT #GS1 #Geography
NASA’s InSight lander has picked up a gentle rumble at Mars, believed to be the first marsquake ever
detected. InSight’s quake monitor recorded and measured the faint signal April 6, and scientists
announced the finding late.

Philippe Lognonne from the Paris Institute of Earth Physics said that it was exciting to finally have proof
that Mars was still seismically active. Mars is not nearly as geologically active as Earth and, like our
moon, lacks tectonic plates.

Researchers are still analysing the data, as well as three other even fainter seismic signals detected
since mid-March. By analysing marsquakes, scientists hope to learn more about how rocky planets are
formed.

Key Points-

1. NASA Insight lander

https://www.thehindu.com/todays-paper/tp-life/probe-picks-up-first-detected-
marsquake/article26938525.ece

What happens when judges face allegations? #GS2 #Governance

A committee comprising Justices S A Bobde, N V Ramana and Indira Banerjee will begin an
unprecedented inquiry Friday into allegations of sexual harassment made by a former employee of the
Supreme Court against the Chief Justice of India.

On Wednesday, a lawyer who claims he was offered Rs 1.5 crore to “frame” the CJI submitted an
affidavit on the alleged conspiracy to a three-judge Bench of the court, after which the court summoned
the chiefs of Delhi Police, CBI and IB for a meeting. In the meanwhile, the complianant has sought
safeguards like video recording, and an inquiry by six retired judges of the Supreme Court.

While judges indeed require powerful protection against motivated accusations, due process demands
that an expeditious, thorough, fair and impartial probe is carried out in the matter. The extraordinary
developments at the country’s highest seat of justice offer an opportunity to revisit some larger
questions around judicial accountability.

The question of ‘good behaviour’

India’s Constitution protects judges against the will of the masses, of Parliament, and of the all-powerful
executive. A judge of the Supreme Court cannot be removed “except by an order of the President
passed after an address by each House of Parliament supported by a majority of the total membership
of that House and by a majority of not less than two-thirds of the members of that House present and
voting has been presented to the President in the same session for such removal on the ground of
proved misbehaviour or incapacity”.
Impeachment is a political process, in which MPs vote along party lines. The impeachment proceedings
against Justice V Ramaswami in 1993 failed after the Congress voted against it. Last year, the Rajya
Sabha Chairman rejected an Opposition move to impeach then CJI Dipak Misra at the stage of
introduction itself, citing the minority opinion in M Krishna Swami vs Union Of India & Ors (1992).

The Constitution does not define ‘misbehaviour’ and ‘incapacity’. The Judges (Inquiry) Bill, 2006, which
sought to establish a National Judicial Council to inquire into allegations of incapacity or misbehaviour of
judges of the High Courts and Supreme Court, defined ‘misbehaviour’ as “wilful or persistent conduct
which brings dishonour or disrepute to the judiciary; or wilful or persistent failure to perform the duties
of a judge; or wilful abuse of judicial office, corruption, lack of integrity; or committing an offence
involving moral turpitude…”

The Judicial Standards and Accountability Bill, 2010, which tried to lay down enforceable standards of
conduct for judges, proposed to widen the definition of ‘misbehaviour’ by adding “corruption or lack of
integrity which includes delivering judgments for collateral or extraneous reasons, making demands for
consideration in cash or kind”, or “any other action… which has the effect of subverting the
administration of justice”. Failure to declare assets and liabilities, or wilfully giving false information was
also included within the definition of ‘misbehaviour’.

In C Ravichandran Iyer vs Justice A M Bhattacharjee & Ors (1995), the Supreme Court said
‘misbehaviour’ could not have a straitjacketed definition. But if the conduct of a judge leads to the
credibility of the judiciary being called into question, it should be considered misbehaviour.

Misconduct prior to assuming office is not exempt — in 2009, Rajya Sabha passed an impeachment
motion against Justice Soumitra Sen of Calcutta High Court for allegedly misappropriating funds several
years before he became a judge.

What should be the standard of proof for ‘misbehaviour’?

While rejecting the Opposition’s notice for impeachment of CJI Misra, Vice-President M Venkaiah Naidu
cited the “lack of substantial merit”, and said the charges had not been proved beyond reasonable
doubt. But impeachment is not a criminal trial. In all civil matters, the standard of proof is the
“preponderance of probabilities”. In Australia and South Africa, this is the standard of proof in the
impeachment process of judges.

India does not currently have a statutory mechanism to examine the misconduct of judges, and short of
the complex process of impeachment, there is no mechanism available to make judges accountable.

Allegations against judges

While no judge has so far been removed by impeachment, several have faced allegations of corruption,
and a couple of them of sexual harassment as well. An allegation of corruption or sexual harassment, if
proved, ought to count as misbehaviour or misconduct.

Sexual harassment
In 1997, the Supreme Court noted that “the present civil and penal laws in India do not adequately
provide for specific protection of women from sexual harassment in work places”, and laid down the
‘Vishakha Guidelines’ (Vishakha & Ors vs State Of Rajasthan & Ors). Sixteen years later, Parliament
enacted The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,
2013.

Under the so-called POSH Act, sexual harassment includes sexually determined behaviour, whether
directly or by implication, such as physical contact and advances, demand or request for sexual favours,
sexually coloured remarks, showing pornography, or any other unwelcome physical, verbal, or non-
verbal conduct of a sexual nature. Every institution that has more than 10 employees must have an
Internal Complaints Committee (ICC).

The Supreme Court has a Gender Sensitisation and Internal Complaints Committee headed by a woman
judge, with a majority of woman members. The committee has a laid-down procedure for dealing with
complaints of sexual harassment on the premises of the court.

But it has no power to deal with complaints against the CJI or judges. In respect of misconduct by
judges, the in-house process can be initiated only by the CJI. The Regulations are silent on a situation
where the allegation is against the CJI himself.

In 2014, a law intern had made an allegation of sexual harassment during an arbitration proceeding
against Justice A K Ganguly who had by then retired as a judge of the Supreme Court. Justice Ganguly
resigned as chairman of the West Bengal Human Rights Commission in January 2014 after the Union
Cabinet decided to make a Presidential Reference to the Supreme Court under Article 143 for his
removal. Justice Ganguly, who denied the allegations, subsequently revealed the name of the
complainant in his book.

Judicial corruption

In K Veeraswami vs Union Of India And Others (1991), a five-judge Bench of the Supreme Court ruled
that in case of an allegation of corruption against a judge of the Supreme Court, the President would
order an investigation in consultation with the CJI and, if the allegation is against the CJI himself, the
President would consult other judges and act on their advice.

Prior to this judgment, the Prevention of Corruption Act was applicable only to public servants. Justice K
Jagannatha Shetty wrote: “The judiciary has no power of the purse or the sword. It survives only by
public confidence…

The judge whose character is clouded and whose standards of morality and rectitude are in doubt may
not have judicial independence and may not command the confidence of the public. He must voluntarily
withdraw from the judicial work and administration.”

Veeraswami was only about allegations of corruption, but it is being followed for all allegations,
including the commission of crimes against judges of constitutional courts.
In 2016, the former Arunachal Pradesh Chief Minister Kalikho Pul committed suicide, leaving behind a
60-page note in which he made allegations of bribery and corruption against the then CJI J S Khehar, his
successor Justice Misra, and the then President Pranab Mukherjee. In February 2017, Mrs Pul wrote to
CJI Khehar asking him to “place the matter before the appropriate judge”. Justice Khehar treated her
letter as a petition, and the matter was referred to an appropriate Bench.

Judicial accountability and the rule of law

To place judicial performance beyond scrutiny would be myopic, as liberty without accountability is
freedom of the fool. Power without responsibility is the anti-thesis of constitutionalism. Accountability
of public officials, including judges, is the very essence of a mature democracy.

Judicial accountability promotes at least three discrete values: the rule of law, public confidence in the
judiciary, and institutional responsibility. Both judicial independence and judicial accountability are
purposive devices designed to serve greater constitutional objectives. Though the independence of the
judiciary is a part of the basic structure of the Constitution, it is not an end in itself. In fact, it is an
instrumental value defined by the purposes it serves.

The rule of law demands judicial accountability. Accountability makes the exercise of power more
efficient and effective. The British constitutional theorist A V Dicey wrote that “no man is above the law
[and] every man, whatever be his rank or condition, is subject to the ordinary law of the realm and
amenable to the jurisdiction of the ordinary tribunals”. Legal equality is the cardinal principle of the rule
of law, and everyone including judges, must respect it.

https://indianexpress.com/article/explained/an-expert-explains-when-judges-face-allegations-cji-
ranjan-gogoi-sexual-harassment-case-5693098/

What is the new malaria vaccine, how it will help fight killer disease #GS3 #SnT
The World Health Organisation issued a statement Tuesday welcoming a pilot project in Malawi of
administering a malaria vaccine to children below the age of 2 years. A total 3,60,000 children across
three African countries — Malawi, Ghana and Kenya — will be covered every year with the vaccine.

The vaccine has taken three decades to come to fruition, and is the first one ever against a disease that
kills 4,35,000 people a year, most of them children. India ranks high in the list of countries worst
affected by the mosquito-borne disease.

What is it that makes the RTS,S vaccine unique, and why is the public health fraternity excited about
it?

What is the RTS,S vaccine?

The vaccine has been developed by GSK — the company is donating about 10 million doses of the
product for the pilot. It was created in 1987 by GSK, and was subsequently developed with support from
the Bill and Melinda Gates Foundation. In 2014, the vaccine cleared phase III clinical trials which certified
that it was both effective and safe for use in humans. According to a description from PATH’s Malaria
Vaccine Initiative (MVI), “RTS,S aims to trigger the immune system to defend against the first stages of
malaria when the Plasmodium falciparum parasite enters the human host’s bloodstream through a
mosquito bite and infects liver cells. The vaccine is designed to prevent the parasite from infecting the
liver, where it can mature, multiply, re-enter the bloodstream, and infect red blood cells, which can lead
to disease symptoms”.

PATH is an international nonprofit team of innovators which advises and partners with public
institutions, businesses, grassroots groups, and investors to tackle the world’s toughest global health
problems, including malaria. MVI works with various stakeholders towards the development of a malaria
vaccine.

In Phase 3 trials conducted in Africa between 2009 and 2014, children received four doses of RTS,S. The
vaccine prevented four in 10 cases of clinical malaria; three in 10 cases of severe malaria; and six in 10
cases of severe malaria anaemia, the most common reason children die from malaria. There were
reductions in overall hospital admissions and the need for blood transfusions.

We have seen tremendous gains from bed nets and other measures to control malaria in the last 15
years, but progress has stalled and even reversed in some areas. We need new solutions to get the
malaria response back on track, and this vaccine gives us a promising tool to get there. The malaria
vaccine has the potential to save tens of thousands of children’s lives.

Why is malaria such a major global public health challenge?

Malaria is a potentially life-threatening parasitic disease caused by the parasites Plasmodium viviax
(P.vivax), Plasmodium falciparum (P.falciparum), Plasmodium malariae (P.malariae), and Plasmodium
ovale (P.ovale), transmitted by the female Anopheles mosquito.

Malaria, according to the WHO, remains one of the world’s leading killers, claiming the life of one child
every two minutes. Most of these deaths are in Africa, where more than 2,50,000 children die from the
disease every year. Children under the age of 5 are at greatest risk from its life-threatening
complications.

“Malaria is a constant threat in the African communities where this vaccine will be given. The poorest
children suffer the most and are at highest risk of death. We know the power of vaccines to prevent
killer diseases and reach children, including those who may not have immediate access to the doctors,
nurses and health facilities they need to save them when severe illness comes,” Dr Matshidiso Moeti,
WHO Regional Director for Africa, said.

How badly is India affected by malaria?

India ranks very high in the list of countries with a serious malaria burden. In 2018, 3,99,134 cases of
malaria and 85 deaths due to the disease were reported in the country, according to data from the
National Vector Borne Disease Control Programme.
Questions are repeatedly asked about the veracity of the Indian data, with some reports suggesting
India may be recording just 8% of the actual number of malaria cases. Between 60% and 80% of patients
in the urban areas are treated by private doctors or health establishments, most of whom do not notify
cases. Although malaria is a notifiable disease, it is only voluntary notification — there are no penalties
for doctors or hospitals not doing so. However, there is, of late, renewed focus on case reporting.

Six states — Odisha (40%), Chhattisgarh (20%), Jharkhand (20%), Meghalaya, Arunachal Pradesh, and
Mizoram (5-7%) — bear the brunt of malaria in India. These states, along with the tribal areas of
Maharashtra and Madhya Pradesh, account for 90% of India’s malaria burden.

What is the next step for the malaria vaccine now?

The pilot countries — Malawi is the only one that has actually started it; Kenya and Ghana will follow —
were chosen after they responded to a WHO call for expressions of interest. Ten African countries were
in the fray and these three countries were selected for their well-functioning malaria and immunization
programmes, and for their areas with moderate to high malaria transmission.

In the selected areas in the three countries, the vaccine will be given in four doses: three doses
between 5 and 9 months of age, and the fourth dose around the child’s second birthday.

“This novel tool is the result of GSK employees collaborating with their partners, applying the latest in
vaccine science to contribute to the fight against malaria. We look forward to seeing the results of the
pilot, and in parallel, are working with WHO and PATH to secure the vaccine’s sustained global health
impact in the future

Once the pilots have been completed, the WHO will review the results and come out with its
recommendations for the use of the vaccine. For a country like India, the key question though is likely to
be as much the efficacy of the vaccine as its cost.

https://indianexpress.com/article/explained/what-is-the-new-malaria-rts-s-vaccine-malawi-ghana-
kenya-who-5693110/

US Says Chabahar Port Project Won't Be Impacted By Iran Oil Sanctions #GS2 #IR
The Chabahar port project, being developed by India in Iran, is a separate exception and will not be
impacted by US President Donald Trump's decision not to renew exemptions that let eight countries
including India to buy Iranian oil without facing tough American sanctions.

The Chabahar port, considered a gateway to golden opportunities for trade by India, Iran and
Afghanistan with central Asian countries, is located on the Indian Ocean in the Sistan and Baluchistan
province of Iran.

A State Department spokesperson said the operation of Chabahar Port is a separate exception. The
exception for reconstruction assistance and economic development for Afghanistan, which includes the
development and operation of Chabahar Port, is a separate exception, and is not affected by yesterday's
announcement.

US President Donald Trump, in a move that could have implications on India's energy security, on
Monday decided not to grant sanctions exemptions to any oil customers of Iran, further squeezing
Tehran's top export commodity.

The US re-imposed sanctions on Iran last November, after Donald Trump pulled out of the landmark
2015 Iran nuclear deal.

The US move, seen as an escalation of the Trump administration's "maximum pressure" on Iran, comes
after it gave temporary 180-days waiver to eight countries, including India, China, Turkey and Japan
among others last year.

The spokesperson said the "president's South Asia strategy underscores our ongoing support of
Afghanistan's development as well as our close partnership with India".

"We seek to build on our close relationships with both countries as we execute a policy of maximum
pressure on the Iranian regime," said the spokesperson in response to a question on the decision taken
by Donald Trump. Iran is India's third-largest oil supplier behind Iraq and Saudi Arabia.

Iran supplied 18.4 million tonnes of crude oil during April 2017 and January 2018 (first 10 months of
2017-18 fiscal).

In May 2016, India, Iran and Afghanistan inked a pact which entailed establishment of Transit and
Transport Corridor among the three countries using Chabahar port as one of the regional hubs for sea
transportation in Iran, besides multi-modal transport of goods and passengers across the three nations.

https://www.ndtv.com/india-news/us-says-chabahar-port-project-wont-be-impacted-by-iran-oil-
sanctions-2027889
February 2019 Hindu & IE Editorial Compilation & Imp. Article for quoting as example

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January 2019 Hindu & IE Editorial Compilation & Imp. Article for quoting as example

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