2023 06 19

Table of Contents:

GS Paper 2:

Reforming arbitration law
Punchhi Commission Recommendations and Potential Solutions for Manipur Crisis
Reforming WTO

Content for Mains Enrichment (CME)

Switzerland’s Plan for carbon neutrality
Kamala Sohonie

Facts for Prelims (FFP)

Gita Press awarded Gandhi Peace Prize for 2021
‘Natural Arch’ in Odisha
Groundwater Extraction Alters Earth’s Rotation
Synthetic Hydrocarbon Fuel
Geminid meteors
Y chromosome
National Working Plan Code-2023
Wild orchids of North Bengal

Mapping

Mali
Mexico

Reforming arbitration law

GS Paper 2

Syllabus: Govt policies and interventions

Source: ET

Context: The government has set up an expert panel led by former law secretary T K Vishwanathan to recommend reforms in the Arbitration and Conciliation Act, 1996.

3 methods of dispute resolution:

Traditional Dispute Resolution: Involves proceedings before an appropriate court of law according to the procedure established.
Alternate Dispute Resolution (ADR): These are more flexible and party-centric and include negotiation, mediation, conciliation and arbitration, and
Hybrid Methods of Dispute Resolution

What is arbitration and conciliation?

Under arbitration, the parties concerned, instead of approaching courts, opt for private dispute resolution through arbitrators.
- The decision of arbitrators is binding.
Conciliation is a (non-binding) process in which a third party helps the parties in dispute to resolve it by way of agreement. The person authorised to do so is called a Conciliator.

Need to evolve alternative mechanisms:

To reduce the burden of the Courts.
To provide speedy access to justice along with the revival and strengthening of traditional systems of dispute resolution.

Legal backing to the alternative mechanisms:

‘Section 89’ in the Code of Civil Procedure, 1908, opened the passage of statutory reference to ADR, either by the Courts or the parties themselves.
The Arbitration and Conciliation Act, 1996: The legislative intent of the Act is to bring domestic as well as international commercial arbitration in consonance with –
- The UNCITRAL Model Rules,
- The New York Convention and the Geneva Convention.

Salient provisions of the Arbitration and Conciliation Act, 1996:

It consolidates and amends the law relating to –
- Domestic arbitration,
- International commercial arbitration and enforcement of foreign arbitral awards, and
- Define the law relating to conciliation.
The Act provides the procedure to be followed in arbitration proceedings, arbitral tribunal, the conduct of the tribunal along with the arbitral awards to be made in a dispute.
The decision is binding on the parties and given in the form of an arbitral award in an arbitration agreement.
It also prescribes the procedure of appeal to courts in case of discrepancies.

The main objective of the Act:

To make provision for an arbitral procedure which is fair, efficient and capable of meeting the needs of the specific arbitration.
To minimise the supervisory role of the courts in the arbitral process.
To permit an arbitral tribunal to use mediation, conciliation or other procedures during the arbitral proceedings in the settlement of the disputes.

The main issue faced by the dispute resolution environment in India:

Increased court intervention in the whole process.
Thus, arbitration has no longer remained a truly party-driven, cost-effective and time-bound process.

Why is the T K Vishwanathan committee constituted?

As a continuous endeavour to promote ease of doing business, the Department of Legal Affairs is considering the need to further reform the Arbitration and Conciliation Act 1996.
This will help India become a hub for international arbitration and reduce the burden on courts.

The terms of reference for the committee:

To evaluate and analyse the operation of the present arbitration ecosystem of the country, including the working of the Arbitration Act.
To highlight the Arbitration Act’s strengths and weaknesses and challenges vis-a-vis other important foreign jurisdictions.
To recommend a framework of model arbitration system which is efficient, effective and economical and caters to the requirements of the users.
To devise a strategy for developing a competitive environment in the arbitration services market for domestic and international parties.

Insta Links:

Bills & Acts – Arbitration Laws in India

June 19, 2023 /19 June 2023, 19 June CA, GS 2, T K Vishwanathan committee, The Arbitration and Conciliation Act 1996, Today's Article, Today’s article

Punchhi Commission Recommendations and Potential Solutions for Manipur Crisis

GS Paper 2

Syllabus: Polity – Centre-State Relations

Source: IE

Context: The recent crisis in Manipur has sparked renewed interest in the Punchhi Commission Recommendations, which offer potential solutions for effectively managing such situations.

About Punchhi Commission:

The government constituted the Second Commission on Interstate Relations under the chairmanship of Justice (retired) Madan Mohan Punchhi, former Chief Justice of India along with other eminent persons in 2007.
The Commission set up eight task forces to examine the Centre-state relations in depth. Their Fifth Task Force studied criminal justice, national security and Centre-state cooperation.
The Commission submitted its report in 2010, but the government could not introduce constitutional changes recommended by the Punchhi Commission.


Recommendation	Description
Feasibility of legislation under Article 355	Examined the possibility of enacting supporting legislation under Article 355 to enable the suo motu deployment of Central forces in states when the situation demands.
Localised Emergency provisions under Article 355	Recommended the adoption of “Localised Emergency provisions” under Article 355, allowing the imposition of Central rule in a limited affected area of a state, such as a municipality or a district, while the rest of the elected state government continues undisturbed.
The time limit for Central rule under Article 355	Proposed that the Central rule in a limited affected area should not extend beyond three months.
Amendments to the Communal Violence Bill	Suggested amendments to the Communal Violence Bill to include provisions that state consent should not hinder the deployment of Central forces in serious communal riots. However, the deployment should be limited to one week, with post-facto consent obtained from the state.
A historical example of countering insurgency	Cited the example of countering the Telangana insurgency in 1950, where the entire administration, including law and order, of a portion of the state was given to the Central Intelligence Bureau with a mandate to eliminate insurgents within six months.

Significance of these recommendations:

The implementation of these recommendations could have potentially allowed the Centre to take over the administration of specific areas in Manipur without disrupting the elected government.

Conclusion:

If these recommendations had been codified through constitutional amendments, they could have provided a political solution to the ongoing conflicts in Manipur and other regions, allowing for more effective management of such situations.

Insta Links:

Issues in Manipur

Mains Link: UPSC 2020

What are the determinants of left-wing extremism in the Eastern part of India? What strategy should the Government of India, civil administration and security forces adopt to counter the threat in the affected areas? (Answer in 250 words)

June 19, 2023 /19 June 2023, Centre-state relations, GS2, GS3, INTERNAL SECURITY, manipur crisis, Polity, Today's Article

Reforming WTO

GS Paper 2

Syllabus: Important International Institutions, agencies and fora – their Structure, Mandate

Source: IE

Context: The recently concluded G20 working group meeting on trade and investment focused on the important issue of WTO reform.

World Trade Organization (WTO):

It is a member-driven, consensus-based intergovernmental organisation that regulates and facilitates international trade between nations.
It is the world’s largest international economic organisation (HQ – Geneva, Switzerland), with 164 member states representing over 98% of global trade and global GDP.
It officially began operations on January 1, 1995, in accordance with the 1994 Marrakesh Agreement.
It replaced the 1948 General Agreement on Tariffs and Trade (GATT).

What led to the establishment of the WTO?

The prevailing idea that trade policy is foreign policy because economic interdependence would deter security confrontation.
The WTO aimed at legalising and policing economic interdependence.

Current situation:

Today’s world is dominated by geoeconomic considerations and heightened securitisation of international economic relations.
The pursuit of unilateralism in international economic relations, especially by developed countries like the US.
Economic policies such as industrial subsidies and local content requirements have made a comeback.
There is a deliberate effort to weaken trade multilateralism in favour of external plurilateral alignments keeping the big power confrontation in mind.

Challenges: A weak WTO perfectly suits the US as part of its foreign policy aimed at strategic rivalry with China.

The role to be played by G20:

The G20 members are key players in the WTO.
The push for WTO reforms must come from G20’s “middle powers” such as India, Indonesia, Brazil, and South Africa.

Critical areas that developing countries should focus on:

The presence of special and differential treatment (SDT) principles in WTO agreements.
- SDT provisions give special rights to developing countries and obligate developed countries to treat the former more favourably.
- However, only 21% of the SDT provisions in various WTO agreements oblige developed countries to actually provide differential treatment to developing countries.
- Therefore, SDT provisions need to be given more teeth and any effort to weaken this treaty-embedded right in the name of WTO reform should be opposed.
The appellate body – the 2nd tier of the WTO’s two-tiered dispute settlement body – remains paralysed since 2019.
- This is part of the US’s overall game plan to dilute the policing part of the WTO to pursue trade unilateralism without many checks.
- The remaining G20 countries need to either persuade the US or resurrect the appellate body without the US.
There is a need to develop a multilateral governance framework for plurilateral agreements.
- From 2017 onward, there has been a shift away from consensus-based decision-making principles toward plurilateral discussions on issues like investment facilitation.
- However, forcing plurilateral agreements on non-willing members will accentuate the trust deficit between developed and developing countries.
- Therefore, a multilateral governance framework should include key principles of non-discrimination, transparency and inclusivity in the WTO rulebook.
It is imperative to address the transparency gap in the WTO.
- Although WTO member countries are obliged to notify all their laws and regulations that affect trade, compliance with this obligation is poor.
- This increases the cost of trade, especially for developing countries.

Conclusion:

Trade multilateralism might be out of fashion, but remains of vital salience for countries like India.
Therefore, under its Presidency of the G20, India should work with others to drive the WTO reforms agenda aimed at making trade multilateralism inclusive.

Insta Links:

Proposed reforms to WTO will hurt developing nations: India

Mains Links:

What are the key areas of reform if the WTO has to survive in the present context of ‘Trade War’, especially keeping in mind the interest of India? (UPSC 2018)

Prelims Links: (UPSC 2015)

The ‘Fortaleza Declaration’ recently in the news, is related to the affairs of:

1. 1. ASEAN 2. BRICS 3. OECD 4. WTO

Ans: 2

June 19, 2023 /19 June 2023, 19 June CA, G20, GS 2, Today's Article, Today’s article, Trade multilateralism, WTO

Switzerland’s Plan for carbon neutrality

Content for Mains Enrichment (CME)

Source: TH

Switzerland has supported a new climate bill aimed at achieving carbon neutrality by 2050, with nearly 59% of voters in favour. The law seeks to reduce dependence on imported oil and gas and promote greener alternatives.

The text promises financial support of two billion Swiss francs ($2.2 billion) over a decade to promote the replacement of gas or oil heating systems with climate-friendly alternatives, as well as aid to push businesses towards green innovation.

Usage: The example can be used in the environment/Governance paper to highlight policies to mitigate carbon emissions.

June 19, 2023 /19 June 2023, carbon-neutrality, Switzerland, Today's Article

Kamala Sohonie

Source: IE

Kamala Sohonie was the first Indian woman to earn a PhD in a scientific discipline. She faced gender bias within the scientific community, including opposition from CV Raman, a Nobel laureate. Despite Raman’s initial rejection, Sohonie confronted him and eventually gained admission to the Indian Institute of Science. She completed her course with distinction and went on to study at Cambridge University, where she made significant contributions to biochemistry.

Sohonie’s research focused on neera, a palm extract with the potential for combating malnutrition in tribal communities. She also worked on improving the quality of milk produced by the Aarey Milk project.

Usage: The story can be used in essay/ethics, highlighting how her persistence and achievements challenged gender biases and influenced Raman to change his stance on women in scientific institutions.

June 19, 2023 /19 June 2023, Kamala Sohonie, Today's Article

Gita Press awarded Gandhi Peace Prize for 2021

Facts for Prelims (FFP)

Source: TH

Context: Gita Press, Gorakhpur, a prominent publisher of religious texts, has been awarded the Gandhi Peace Prize for 2021.

Reason: The award recognises the publishing house’s significant contribution to social, economic, and political transformation through non-violent and Gandhian methods.

About Gita Press

Gita Press is the world’s largest publisher of Hindu religious texts. It is located in Gorakhpur city of India’s Uttar Pradesh state. It was founded in 1923 by Jaya Dayal Goyanka and Ghanshyam Das Jalan for promoting the principles of Sanatana Dharma.

About the Gandhi Peace Prize:


The annual award was instituted by the Government of India in 1995 during the commemoration of the 125th birth anniversary of Mahatma Gandhi for those involved in social, economic and political transformation through non-violence.
Prizes	The Gandhi Peace Prize carries a reward of Rs. 1 crore along with a Citation, a plaque, and an exquisite traditional handicraft/handloom item. The prize can be conferred upon individuals, associations, institutions, or organizations.
Eligibility	The award is open to all individuals/Organizations regardless of nationality, creed, race, or sex.
Selection member	The selection committee for the award is chaired by the Prime Minister and includes members such as the Chief Justice of India, the leader of the single largest Opposition party in the Lok Sabha, the Lok Sabha Speaker, and the founder of Sulabh International.

Previous award:

Sheikh Mujibur Rahman and the late Sultan of Oman, Qaboos bin Said Al Said were awarded the Gandhi Peace Prize for 2020 and 2019 respectively.

June 19, 2023 /19 June 2023, Gandhi Peace Prize for 2021, Gita Press, Gorakhpur, Today's Article

‘Natural Arch’ in Odisha

Source: NIE

Context: The Geological Survey of India (GSI) state unit has proposed declaring the “Natural Arch” in the Kanika range of Sundargarh forest division in Odisha as a Geo Heritage Site.

The natural arch, believed to date back to the Jurassic period, would be the largest natural arch in India with the Geo Heritage tag.
The site showcases primary sedimentary structures and is believed to have formed due to fault activities and sub-aerial weathering.
The GSI had previously declared Pillo Lava at Nomira in Keonjhar district as a Geo Heritage Site.

About Geo-heritage Sites:

Geo-heritage refers to the geological features which are inherently or culturally significant offering insight into earth’s evolution or history to earth science or that can be utilized for education.

About the Geological Survey of India:

Headquartered in Kolkata, it was set up in 1851 primarily to find coal deposits for the Railways. Presently, GSI is an attached office to the Ministry of Mines.
The main functions of the GSI relate to the creation and updation of national geoscientific information and mineral resource assessment.

June 19, 2023 /19 June 2023, Arts and Culture, geography, Geological Survey of India, GS1, Natural Arch’ in Odisha, Today's Article

Groundwater Extraction Alters Earth’s Rotation

Source: TH

Context: A recent study published in the journal Geophysical Research Letters reveals that extensive groundwater extraction by humans has had a significant effect on Earth’s rotation.

Findings:

Between 1993 and 2010, the excessive pumping of groundwater caused the planet’s rotational pole to shift eastward by approximately 80 centimetres. The research indicates that humans extracted around 2,150 gigatons of groundwater during this period, equivalent to over 6 millimetres of sea-level rise.

How groundwater extraction influences Earth’s rotation?

When we take a lot of water out from underground (groundwater extraction), it changes how the Earth spins (called ‘polar drift’).

Imagine spinning a top and then adding or removing weight from one side. The top will wobble or spin differently. Similarly, when we extract groundwater, it shifts the weight distribution on Earth’s surface, causing a slight change in its rotation. This can move the Earth’s axis (the imaginary line it spins around) a little bit.

Impact:

While it doesn’t affect our daily lives much, scientists study these changes because they can impact the Earth’s climate over long periods of time.

Other factors: Melting of glaciers -Climate change has caused billions of tonnes of glacial ice to melt into oceans. This has caused the Earth’s poles to move in new directions.

June 19, 2023 /19 June 2023, Earth's Rotation, Groundwater Extraction, Today's Article

Synthetic Hydrocarbon Fuel

Source: BS

Context: Germany has proposed transitioning to carbon-neutral synthetic fuels for existing internal combustion vehicles instead of phasing them out completely.

Reasons for such a proposal:

Even though electric vehicles and hydrogen fuel cells have zero-emission during usage, their manufacturing processes have significant environmental impacts.
Approximately 90% of the world’s vehicles are expected to be internal combustion by 2030, and replacing them entirely would not be a zero-carbon solution.


Synthetic Hydrocarbon Fuel
About	Synthetic hydrocarbon fuel is a type of fuel that is artificially created through chemical processes using carbon-based feedstocks.
Production	Synthetic hydrocarbon fuel is produced by combining carbon dioxide (CO2) captured from the atmosphere with hydrogen. The carbon dioxide is typically sourced through direct air capture or other methods, while the hydrogen can be generated using renewable energy sources like the electrolysis of water.

Benefits	Producing synthetic fuel could be carbon-negative if the carbon emissions from the fuel are less than the carbon captured during the production process. Even if there is a net carbon release, it may still be lower than the carbon impact of manufacturing a large number of electric vehicles (EVs).
Challenges	High initial cost compared to petrol or diesel; engineering hurdles inefficient carbon capture; need for advancements in green hydrogen electrolysis

June 19, 2023 /19 June 2023, Synthetic Hydrocarbon Fuel, Today's Article

Y chromosome

Facts For Prelims

Source: TH

Context: Researchers have discovered that the Y chromosome possesses genes linked to ageing and lifespan regulation.

The Y chromosome, known as the “master of maleness,” determines the biological male sex and carries genes that play a role in sex determination.

Findings:

Recent research has revealed that the Y chromosome possesses genes vital to biological functions, including those related to ageing and lifespan regulation.
The study of species that have naturally lost their Y chromosome, such as rodents, provides insights into sex-chromosome turnover and the repurposing of other chromosomes as sex chromosomes.
The genome sequences of Neanderthals indicate the replacement of the Y chromosome in modern humans, suggesting that the Y chromosome may eventually yield its role as the “master of maleness” to another chromosome.

About Chromosomes:

Chromosomes are thread-like structures found in the nucleus of cells that carry genetic information. Chromosomes come in pairs, with each pair containing one chromosome inherited from the mother and one from the father. Humans typically have 23 pairs of chromosomes, for a total of 46 chromosomes in most cells (except for reproductive cells which have 23 chromosomes). Chromosomes play a crucial role in cell division and inheritance.

June 19, 2023 /19 June 2023, Today's Article

Geminid meteors

Source: Hindustan Times

Context: Researchers demystify the unusual origin of the Geminids meteor shower.

NASA’s Parker Solar Probe mission is providing new evidence that a violent, catastrophic event created the Geminids.

Findings:

While most meteor showers originate from comets, the Geminids are believed to come from an asteroid called 3200 Phaethon. Unlike comets, asteroids like Phaethon are not typically affected by the Sun’s heat.
By analysing the data collected by the Parker Solar Probe, the scientists modelled three possible scenarios for the formation of the Geminid stream and compared them to existing models based on Earth-based observations.
They concluded that violent scenarios, such as high-speed collisions or gaseous explosions, were the most consistent with the Parker data. This suggests that a sudden and powerful event likely triggered the creation of the Geminid meteor stream from Phaethon.

About the mission:

The Parker Solar Probe is a NASA space probe launched in 2018 with the mission of making observations of the outer corona of the Sun. It will approach the closest to the sun by 2025.

June 19, 2023 /19 June 2023, Geminid meteors, GS3, SCIENCE, space, Today's Article

National Working Plan Code-2023

Source: PIB

Context: The Ministry of Environment, Forest & Climate Change has released the “National Working Plan Code-2023” for the scientific management of forests and evolving new approaches.

What is Scientific Forest Management?

Scientific forest management is an approach that involves the application of scientific principles and techniques to manage forests sustainably. It focuses on gathering data, conducting research, and utilizing evidence-based practices to ensure the long-term health and productivity of forests.

About the plan code:

Aim: The plan aims to provide social, economic, cultural, and spiritual benefits from forests.
Standards: “Indian Forest Management Standard” which is a part of this code, takes into account the diverse forest ecosystem in our country while trying to bring uniformity in management.
- The code brings uniformity and acts as a guiding principle for the preparation of working plans across different forest divisions and states.
- The standard aligns with international criteria and indicators for sustainable forest management.
Institutional framework: It establishes the policy, legal, and institutional framework necessary for effective forest management.
- For the first time, continuous data collection and updation in a centralized database are prescribed for state forest departments.
- It enables state forest departments to measure the effectiveness of their management practices against the prescriptions of the working plans.

June 19, 2023 /19 June 2023, National Working Plan Code-2023, Today's Article

Wild orchids of North Bengal

Source: DTE

Context: The wild orchids of North Bengal, known for their beauty, fragrance, and medicinal properties, are disappearing due to deforestation in their natural habitat.

About Orchids:


	Description
Orchids are a diverse group of flowering plants known for their vibrant and intricate flowers. They belong to the family Orchidaceae.
Regions	Orchids can be found in various habitats around the world, including tropical rainforests, mountains, and even deserts. India has over 1200 species of Orchids ( 388 are endemic to India, out of which 128 are endemic to the Western Ghats)
Three Types of Orchids	Epiphytic: They are plants growing on another plant including those growing on rock boulders and are often termed lithophytes. About 60% of all orchids found in India are epiphytic.
Terrestrial: They are plants growing on land and climbers. These grow directly on the soil and are found in large numbers in temperate and alpine regions.
Mycoheterotrophic: They are plants which derive nutrients from mycorrhizal fungi that are attached to the roots of a vascular plant.
Distribution
Himalayan Zone: Richest in orchid species
Northeast India: Highest species concentration
Western Ghats: High endemism of orchids
Highest Number of Orchid Species: Arunachal Pradesh> Sikkim> West Bengal
International Protection	Orchid family listed under Appendix II of CITES, banning global trade of wild orchids
Uses	Aesthetic importance; Herbal medicine; Cultural and spiritual importance; Vanilla is produced from Vanilla planifolia orchid

June 19, 2023 /19 June 2023, North Bengal, Today's Article, Wild orchids

Mali

Mapping

Source: TH

Context: Mali’s military junta conducted a referendum on a new draft constitution, presenting it as a step toward holding elections in 2024. The coup leader, Col. Assimi Goita, claimed that the proposed constitution would establish a more organized executive power while maintaining a balance with the legislative power.

Mali is a landlocked nation in West Africa, located southwest of Algeria, extending southwest from the southern Sahara Desert through the Sahel to the Sudanian savanna zone. The Desert covers about 65 per cent of Mali’s total area. Mali is the eighth-largest country in Africa.

Mali

June 19, 2023 /19 June 2023, Mali, Today's Article

Mexico

Source: TH

The mass deaths of approximately 300 wild birds along Mexico’s Pacific coast are likely attributed to El Niño. Warmer waters (due to El Nino) cause fish to swim deeper, making it harder for seabirds to find food, which could be a contributing factor to the bird deaths. Similar occurrences of dead seabirds were reported in Peru and Chile.

Mexico is a country in the southern portion of North America. It is bordered to the north by the United States; to the south and west by the Pacific Ocean; to the southeast by Guatemala, Belize, and the Caribbean Sea; and to the east by the Gulf of Mexico.

June 19, 2023 /19 June 2023, Mexico, Today's Article