Context: Countries around the world are currently navigating their strategies for combatting climate change, with each nation bringing its own set of concerns and interests to the forefront at the U.N. climate summit in Dubai, UAE.

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• Bloc of Populous Developing Countries: Within this global discourse, Brazil, South Africa, India, and China have formed a cohesive bloc, representing populous and fast-developing nations. 
• Request for more climate financing and equity: Together, these countries are making collective appeals for increased climate financing and equity, guided by the “common but differentiated responsibilities” concept outlined in the United Nations Framework Convention on Climate Change (UNFCCC). 
  • This concept underscores the belief that wealthier nations, having historically contributed more to emissions, bear a greater responsibility in addressing the climate crisis.

BRICS Power Generation Trends (2000-2022)

• China’s Dominance in Energy Production:
  • Fossil fuel share in China’s power generation reduced significantly from 82% (2000) to 65% (2022).
  • China leads globally in both clean and dirty energy.
• Global Impact of China’s Emissions:
  • China, responsible for about 30% of annual global emissions.
  • World’s largest greenhouse gas emitter.
• India’s Gradual Transition:
  • India’s clean energy share in power production increased from 17% to 23%.
• Saudi Arabia’s Fossil Fuel Dependence:
  • Over 99% of Saudi Arabia’s power produced by fossil fuels.
  • Approximately 67% from gas.
• Brazil’s Leadership in Clean Energy:
  • Brazil, one of two BRICS nations with a higher share of clean energy than fossil fuels.
  • Clean fuel contributes to over 90% of power generation.

Power Generation Trends in Select Indian States (2019-2022)

• Gujarat’s Notable Shift:
  • Drastic decrease in fossil fuel usage for power generation in Gujarat.
  • Decline from 80% (2019) to 60% (2022).
  • Rajasthan, like Gujarat, records a decline in fossil fuel usage.
• Clean Energy Leadership: Karnataka and Himachal Pradesh:
  • Karnataka and Himachal Pradesh lead among the top 15 states with a higher share of clean energy than fossil fuels.
• Tamil Nadu’s Stagnation Towards 50:50:
  • Tamil Nadu was progressing towards a balanced 50:50 clean-fossil fuel mix.
• High Fossil Fuel Dependence in Certain States:
  • Uttar Pradesh, Madhya Pradesh, Chhattisgarh, West Bengal, and Bihar consistently maintain more than 90% share of fossil fuels in power generation.

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Context: The Privileges Committee of Rajya Sabha was convened recently to discuss unresolved complaints against Opposition MPs.

More about the news: 

• The committee has decided to summon them for an in-person defense presentation. 
• The charges against the MPs include:  
  • breach of privilege 
  • Making allegations against high authorities.

About Committee of Privileges:

• Mandate:  The mandate of the committee is to examine such cases and “make such recommendations as it may deem fit”.
  • It can call the relevant people and  related documents as part of its examination. 
  • It Submit a report and if the Council has not fixed any time for its presentation, the report shall be presented within one month of the date on which reference was made to the Committee .
  • A motion has to be passed for the consideration of the report and amendments can be suggested. 
  • The Chairman or any member of the Committee or any other member can move that the Council agrees, disagrees, or agrees with amendments, with the recommendations contained in the report.
• Lok Sabha: It  consists of 15 Members nominated by the Speaker. 
• Rajya Sabha: It consists of 10 members and is nominated by the Chairman of Rajya Sabha. In the Rajya Sabha, the deputy chairperson heads the committee of privilege.

What is a Privilege Motion and who can move it?

• Rights and immunities: All Members of Parliament (MPs) and State Assembly (MLAs) enjoy rights and immunities, individually and collectively, so that they can discharge their duties and functions effectively.
• Breach of privilege: Any instance when these rights and immunities are disregarded by any member of Lok Sabha or Rajya Sabha leads to the breach of privilege which is punishable under the Laws of Parliament.
• Privilege Motion: Any member from either house can move a notice in the form of a motion against the member who he/she thinks is guilty of the breach of privilege.
  • Both Houses of the Parliament reserve the right to punish any action of contempt (not necessarily breach of privilege) which is against its authority and dignity, as per the laws. 
• The right to raise a question of privilege is based on satisfying two conditions, namely: 
  • The question shall be restricted to a specific matter of recent occurrence, and 
  • The matter requires the intervention of the Council.
• Significant Cases:  In 1978, Indira Gandhi was expelled from the Loksabha for breach of privilege against her following observations made by the Justice Shah Commission, which probed excesses during the Emergency.
  • in 1976 the Rajya Sabha expelled  Subramanian Swamy over charges of bringing disrepute to Parliament through his activities through interviews in foreign publications that were construed as “anti-India propaganda”.

News Source: The Hindu

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Context: The first round of auction for critical and strategic minerals, featuring 20 blocks, will be initiated by the government on November 29, 2023.

More about the news: 

• The sale of twenty blocks containing critical and strategic minerals is geographically dispersed throughout the country. Metal recycling: The ministry is formulating a plan for metal recycling to enhance recycling capabilities and streamline the recycling process.
  

• Policy for critical minerals: The mines ministry is preparing a policy for critical minerals, which will include a road map for strengthening the supply chain of these essential resources.
• Joint Collaboration: The government will collaborate with partner countries and will focus on co-developing mineral processing and raw material manufacturing capabilities.
• Building resilience: Apart from domestic mechanisms, government id focusing on active participation in new partnerships and alliances, such as the Minerals Security Partnership (MSP) and the Australia-India Economic Cooperation and Trade Agreement.
  • These initiatives aim to bolster a resilient critical minerals value chain through both multilateral and bilateral engagements.

Need for Auction: 

• Critical minerals are essential for our country’s economic development and national security. 
• The lack of availability of these minerals or concentration of their extraction or processing in a few countries (eg. China) may lead to supply chain vulnerabilities.
• Critical minerals cater to the needs of sectors like renewable energy, defence, agriculture, pharmaceutical, high-tech electronics, telecommunications, transport, creation of gigafactories etc.

Recent Initative: 

• Amendment in the MMDR Act: 24 minerals were notified as Critical and Strategic minerals. 
  • The amendment confers the power to grant mineral concession of these minerals to Central Government so that Central Government can prioritise auction of these minerals looking at the requirements of the country. 
  • The revenue generated from these auctions shall accrue to State Governments. 

Rationalization of Rroyalty rates of Critical Minerals:

• The Government had specified royalty rates for Platinum Group of Metals (PGM) at 4%, Molybdenum at 7.5%, Glauconite and Potash at 2.5% in March, 2022.  
• On 12th October, 2023 the Government has specified royalty rates for Lithium at 3%, Niobium at 3% and Rare Earth Elements at 1%.

Also read: Global Action on Critical Minerals Outreach Programme

Further Reading: Critical Mineral Supplies Vital To Clean Energy Shift, Amendments to the Mines and Minerals (Development And Regulation) Act

News Source: Business Standard

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Context: The Defence Minister revealed the Indian Navy’s stealth guided missile destroyer named INS Imphal. 

More about the news: 

• The vessel is equipped with BrahMos surface-to-surface missiles along with other domestically developed weaponry.
• Project 15B: The ship, which is the third among the four Project 15B stealth guided missile destroyers developed by Mazagon Dock Shipbuilders Limited (MDL).

• First ship INS Visakhapatnam, was commissioned on 21 Nov 2021, Second ship INS Mormugao commissioned on 18 Dec 2022 and the fourth ship, INS Surat underdevelopment. 
• Crest design: The design portrays the Kangla Palace on the left and ‘Kangla-Sa‘ on the right.  
• Kangla-Sa’ is the state emblem of Manipur.
  • The Kangla Palace is a significant historical and archaeological site in Manipur, serving as the traditional seat of the former kingdom. 
  • The ‘Kangla-Sa,’ characterized by a dragon’s head and lion’s body, is described as a mythical being from Manipur’s history, symbolizing the protector of its people

News Source: Indian Express

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Context: India has voted to support a draft resolution at the UN General Assembly, expressing concern with Israel’s failure to withdraw from the Syrian Golan Heights.

More about the news:

• Draft resolution: The draft resolution ‘The Syrian Golan‘ was put to vote at the UN General Assembly, under the agenda item ‘The situation in the Middle East’.
• Voting on resolution:  The resolution, presented by Egypt, secured adoption through a recorded vote, garnering 91 in favor, eight against, and 62 abstentions.

• Supporting countries: In addition to India, countries that supported the resolution included Bangladesh, Bhutan, China, Malaysia, Maldives, Nepal, Russia, South Africa, Sri Lanka, and the United Arab Emirates. 
• Countries against the resolution: Australia, Canada, Israel, the UK, and the US voted against it.
• Israel’s failure: The resolution expressed deep concern over Israel’s failure to withdraw from the Syrian Golan Heights in violation of Security Council and General Assembly resolutions.
• No adherence to UNSC resolution 497: The resolution affirmed that Israel had not adhered to Security Council resolution 497 (1981).
  • The resolution asserted that the Israeli decision made on December 14, 1981, is deemed null and void and holds no validity. It urged Israel to revoke this decision.
• Resolution on Israeli settlements: The resolution emphasized the illegitimacy of Israeli settlement construction and other activities in the Syrian Golan Heights occupied since 1967. 
  • It called for Israel’s withdrawal from the entire occupied Syrian Golan in accordance with relevant Security Council resolutions. 

About Syrian Golan Region:

• It is a region in southwest Syria that was occupied by Israeli forces on June 5, 1967.

For more information related to UNSC, refer to UNSC

News Source:  Economic Times

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Context: Pressmud, a residual byproduct in the sugar industry commonly referred to as filter cake or press cake, has been recognized as a valuable resource for the production of green energy. 

More about the news:

• Feedstock for CBG:  Pressmud presents an opportunity for Indian sugar mills to generate additional revenue by using it as a feedstock for biogas production through anaerobic digestion and purification to produce compressed biogas (CBG).
• Surge in press mud prices: Earlier, viewed as a disposal concern for sugar mills, owners now acknowledge its potential for generating revenue. 
  • This recognition has led to a surge in pressmud prices over the past two years, escalating from Rs 100 per tonne to the current range of Rs 500-600 per tonne.

• Yield: The yield of press-mud falls within the range of 3-4 percent weight by weight with the input sugarcane processed in a unit.
• Energy potential: India’s sugar production for the fiscal year 2022-23 amounted to 32.74 million tonnes, along with approximately 11.4 million tonnes of pressmud.
  • This quantity has the potential to generate 460,000 tonnes of CBG valued at Rs 2,484 crore.

Advantages Of Using Press Mud As A Feedstock For CBG?

• Simplifying the feedstock supply chain:  It avoids the complexities associated with agricultural residue, where biomass harvesting machinery is needed for harvesting and aggregation.
• Simplified Procurement:  The feedstock is obtained from one or two producers or sugar mills, unlike agricultural residue, which involves multiple producers/farmers within a narrow 45-day window each year.
• Feedstock Quality: Pressmud has less inorganic material compared to Municipal solid Waste which can harm anaerobic digesters, leading to reduced gas output.

• No Pretreatment cost: Due to lack of the organic polymer lignin in Pressmud compared to other Agri-residues.
• Higher conversion efficiency:  It has higher conversion efficiency than agri residue. 
  • Approximately 25 tonnes of pressmud are required to produce a tonne of CBG, while cattle dung requires 50 tonnes for the same gas output. 
  • Moreover, it is more economical than other feedstocks like agricultural residue (Rs 1.5-2/kg) and cattle dung (Rs 1-2/kg).

Challenges with pressmud:

• Competition for usage:  Pressmud encounters competition for its utilization as a fertilizer and in bio-composting, competing with spent wash and being employed as fuel in brick kilns. 
• Absence of long-term agreements: The challenges are exacerbated by the absence of long-term agreements with sugar mills and the intermediaries involved in procurement. 
• Concerns with storage: The necessity for CBG plants to store feedstock throughout the entire year presents a challenge considering that sugar mills operate for a specific period.
  • Storing pressmud presents challenges due to its gradual decomposition, leading to the breakdown of organic compounds. 
  • This complicates the feasibility of long-term storage and contributes to increased production costs.

Steps Needed to Unlock the Potential of Pressmud:

• Enacting bioenergy policies: States should enact bioenergy policies to streamline project approval processes. 
  • This can offer a unified solution and a range of monetary and non-monetary incentives.
  • Uttar Pradesh and Bihar have already taken steps in this direction.
• Regulation of pressmud prices: The government should establish a mechanism to regulate pressmud prices, keeping them below a specified threshold. 
  • Sugar mills need to be encouraged for committing to extended agreements (10-15 years) with CBG plants with an annual rate increase of 5-10 per cent.
• Technology for pressmud storage: It needs conducting comprehensive research to develop technology for pressmud storage which prevents methane emissions into the environment and minimizes gas loss from the feedstock. 
• Capacity building: Focus should be given to conduct regular training sessions to educate operators on the operation of CBG plants, the proper handling of scientific equipment, and the feedstock characterization.

News Source: DTE

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Context: The National Aeronautics and Space Administration (Nasa) and the Indian Space Research Organisation (ISRO) will collaborate to place an Indian astronaut on the International Space Station(ISS) by 2024.

More about the news:

• US Senator visit to India: The partnership between NASA and the ISRO was announced by the US senator Bill Nelson during his visit to India.
  • The visit follows the signing of the Initiative on Critical and Emerging Technologies (iCET) treaty by India and US expanding collaboration on emerging space technologies.
  • The iCET seeks to position India and US as “trusted technology partners” to build supply chains and support the co-production and co-development of items.
• Human space flight collaboration: A joint working group on human spaceflight collaboration has been established by ISRO and NASA to collaborate on human space flight missions and other space research projects.
• NISAR: The India-US space collaboration will also work on the Nasa-Isro Synthetic Aperture Radar (Nisar).
  • The satellite’s capabilities were integrated at NASA’s Jet Propulsion Laboratory (JPL) in California and testing is currently taking place at the U.R. Rao Satellite Centre in Bengaluru.

About NISAR:

• About: NASA-ISRO SAR (NISAR) is a Low Earth Orbit (LEO) observatory being jointly developed by NASA and ISRO. 
• Purpose: NISAR will map the entire globe in 12 days and provide spatially and temporally consistent data for understanding changes in Earth’s ecosystems.
• Radar: It uses dual-band Synthetic Aperture Radar (SAR) with bands L and S to capture high-resolution data across wide areas. 
• Payload: NASA is responsible for providing the L-Band SAR payload system and the ISRO will supply the S-Band SAR payload.
• Launch vehicle: NISAR will be launched into orbit by the Launch Vehicle Mark-III(LVM3)
• LVM3 is a three-stage medium-lift launch vehicle developed by the Indian Space Research Organisation (ISRO).

For more information related to ISS, refer ISS

Also Read:  Initiative on Critical and Emerging Technologies (iCET)

News Source: Live Mint

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Context: Recently, the Virgin Atlantic flight achieved a significant milestone by operating the world’s first flight using 100% Sustainable Aviation Fuel (SAF).

More on News:

• In December 2022, the UK government awarded Euro 1 million in funding to Virgin Atlantic to support the industry in achieving the first transatlantic flight on a commercial aircraft powered by 100 per cent SAF.
• The trip is powered by fuel made from waste fats that cannot enter the food chain. Repurposing waste products into jet fuel to cut emissions.

About Sustainable Aviation Fuel (SAF):

• SAF is a biofuel used to power aircraft with similar properties to conventional jet fuel but with a smaller carbon footprint. 
• Significance: It has a greenhouse gas emissions reduction of around 70 percent when compared to standard jet fuel over its life cycle.
  • SAF’s lower carbon intensity makes it an important solution for reducing aviation GHGs, which make up 9%–12%.
  • It is ‘sustainable’ because the raw feedstock does not compete with food crops or water supplies, or is responsible for forest degradation.
• Sources of Production:
  • The Indian Institute of Petroleum (IIP), a laboratory of the Council of Scientific and Industrial Research (CSIR), has created fuel using different materials, such as non-edible and edible oils, and used cooking oil.
  • They used various sources, including palm stearin, sapium oil, palm fatty acid distillates, algae oil, karanja, and jatropha.

Efforts for Promoting the SAF:

•  Worldwide:
  • CORSIA Program: It aims to tackle aviation emissions by mandating offsetting of emissions exceeding 2020 levels and promoting Sustainable Aviation Fuel (SAF) adoption.
  • Clean Skies for Tomorrow Initiative: The Clean Skies for Tomorrow initiative by the World Economic Forum seeks to expedite the production and adoption of Sustainable Aviation Fuel (SAF). 
• India:
  • The Indian Institute of Petroleum (IIP), has tied up with Boeing, Indigo, Spicejet and the three Tata Airlines — Air India, Vistara and AirAsia India — to support the production of SAF. 
  • The CSIR-IIP pilot plant in Dehradun has produced 10,000 litres of fuel for the IAF to date. It was produced from feedstock like non-edible, edible and used cooking oil.

Benefits of SAF:

• Reduced Carbon Emissions: SAF can achieve up to 80% lower lifecycle carbon emissions, helping to mitigate climate change and achieve environmental sustainability goals.
• Improved Air Quality: SAF has lower levels of pollutants such as sulfur, particulate matter, and nitrogen oxides than conventional jet fuels, improving air quality.
• Renewable and Sustainable Source: SAF can be produced from various sustainable feedstocks, including plant-based sources, agricultural residues, waste materials

News Source: Economic Times

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Context: European multinational companies facing substantial tax demands in India are urging the Supreme Court to reconsider a landmark verdict. 

• The ruling, based on the Vienna Convention, interprets the Most-Favoured Nation (MFN) clause in tax treaties.

Background:

• The October Supreme Court decision favored the tax department, doubling withholding tax for companies. 

• For Example:
  • Dividends earned by Dutch companies in India face a 10% withholding tax under the Double Tax Avoidance Agreement (DTAA).
  • The MFN clause allows a lower tax rate if India has a better deal with another country.
  • Dutch companies calculated tax at India’s lower rate of 5% with certain countries.
  • The tax department rejected this calculation, citing a lack of government notification.
  • The Supreme Court held that MFN tax provisions don’t automatically apply and that the Indian government must notify the lower tax rate.

Vienna Convention Framework:

• The review petitions call for adherence to the Vienna Convention on the Law of Treaties. 
• This framework obligates parties to comply in good faith. The argument hinges on whether notification is necessary for the MFN clause to be operational.

About Most-Favoured Nation (MFN):

• The 164 members of the World Trade Organization commit to treating each other equally to benefit from the lowest tariffs, highest import quotas, and minimal trade barriers for goods and services.
• This commitment to non-discrimination is termed Most Favoured Nation (MFN) treatment. 
• Exceptions:  
  • When members strike bilateral trade agreements or when members offer developing countries special access to their markets.
• Non-WTO Countries:
  • WTO members can impose whatever trade measures they wish without flouting global trading rules. Ex, Iran, North Korea, Syria, or Russian
• Removal of MFN status:
  • There is no formal procedure for suspending MFN treatment.
  • India suspended Pakistan’s MFN status in 2019. Pakistan never applied MFN status to India.

News Source: Livemint

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Context: Government Urges Financial Institutions to register with the Citizen Financial Cyber Fraud Reporting and Management System (CFCFRMS) platform, developed by the Indian Cyber Crime Coordination Centre (I4C).

More on News:

• Strengthen Fraud Management and Due Diligence: FIs have received a directive from the central government to strengthen their fraud management systems and enhance due diligence. 
  • The move is aimed at improving cybersecurity in the financial sector.
• Registration Status: Currently, out of 800 FIs, only 259 have registered with I4C. The remaining institutions are requested to expedite the registration process.

About the Indian Cyber Crime Coordination Centre (I4C):

• It is an initiative of the Ministry of Home Affairs to deal with cybercrime in the country in a coordinated and comprehensive manner.
• It was approved in October 2018.

Objectives of I4C:

• To act as a nodal point to curb Cybercrime in the country.
• To strengthen the fight against Cybercrime committed against women and children.
• Facilitate easy filing of cybercrime-related complaints and identify Cybercrime trends and patterns.

• To act as an early warning system for Law Enforcement Agencies for proactive Cybercrime prevention and detection.
• Create awareness among the public about preventing cybercrime.
• Assist States/UTs in capacity building of Police Officers, Public Prosecutors and Judicial Officers in the area of cyber forensics, investigation, cyber hygiene, cyber-criminology, etc.

It has seven components:

1. National Cyber Crime Threat Analytics Unit
2. National Cyber Crime Reporting Portal
3. National Cyber Crime Training Centre
4. Cyber Crime Ecosystem Management Unit
5. National Cyber Crime Research and Innovation Centre
6. National Cyber Crime Forensic Laboratory Ecosystem
7. Platform for Joint Cyber Crime Investigation Team.

News Source: Business Standard

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Context: In 2022, global patent filling reached new heights, driven by the innovators from India and China propelled by high levels of innovation, entrepreneurship, and digitalization.

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• Patent Filings by Indian Applicants: According to WIPO’s (World Intellectual Property Organisation) annual World Intellectual Property Indicators (WIPI) report Patent filing grew by 31.6% in 2022.
• Resident Patent Filings: It rose by 47% in 2022 in India with half of the total filings of 77,068 filed with the Indian Patent Office.

• • For the first time ever, there were more patents filed by Indian residents as against foreign filers, reflecting India’s fast-growing innovation ecosystem.
• Overview of Asia: It accounted for 67.9%, 67.8% and 70.3% of global patent, trademarks and industrial designs filing activity in 2022. The largest rise in filings was reported from India. 
• India in Priority Watch List: The “Special 301” Report by USTR is an annual review of the global state of IP protection and enforcement. The USTR report 2023 decided India on its Priority Watch List along with Argentina, Chile, China, Indonesia, Russia, and Venezuela. 

About the Indian Patent Regime:

• Patent: It constitutes an exclusive set of rights granted for an invention, whether it be a product or process that introduces a novel approach to accomplishing a task or presents an innovative technical resolution to a challenge.
• Indian Patent Act of 1970: This act governs Indian patents. Under the act, patents are granted if the invention fulfills the following criteria:
  • It should be novel.
  • It should have inventive step/s or it must be non-obvious.

• • It should be capable of Industrial application.
  • It should not attract the provisions of sections 3 and 4 of the Patents Act 1970.
• Trade-Related Aspects of Intellectual Property Rights (TRIPS): India joined the TRIPS Agreement upon becoming a member of the World Trade Organization (WTO) in 1995.
• Intellectual property can include: 

• • Entrepreneurial ideas.Creations and inventions in Science, Technology, Engineering and Maths (STEM) fields. 
  • Artistic and literary works. 
• IPR-Related Conventions: India is also a signatory to several IPR related conventions, including the Berne Convention, Budapest Treaty, Paris Convention for the Protection of Industrial Property, and Patent Cooperation Treaty (PCT), all of which govern various patent-related matters.

Reasons for High Patent Filing in India:

• Government Support: The Indian government provides various forms of support viz. patent awareness programs, patent fee discounted etc. to encourage and facilitate patent filing in the country. 
  • For instance, 22 new TISC (Technology and Innovation Support Centres) have been announced to offer support to individual patent filers, SMEs and start-ups.
  • A number of IP facilitators ( IP MITRAs) has been increased from 465 to 2000 under the Scheme for facilitating start-ups Intellectual Property Protection (SIPP). 
• India’s Adoption of Emerging Technologies: The surge in number of patent filings underscores India’s standing on the global innovation landscape and its leadership in emerging technologies such as Artificial Intelligence (AI). 
  • For instance, from the patents filed between FY2010 and FY2022, a substantial 2,66,000 belong to the technology domain and within this patent category, around 160,000 pertain to cutting-edge areas like AI, Internet of Things (IoT), Big Data, Cybersecurity, and Blockchain.
• Efficient Reporting on Patents: India’s move towards IP-driven development will assume more importance in the run-up to 2047 as the country has started releasing the First Examination Reports (FERs) of patents in 4.8 months compared to the time of 6 months taken by many developed nations.
• Startup Culture: Startups, often focused on innovation and disruptive technologies, actively seek to protect their intellectual property through patents.
  • Further, startups are being provided 80% fee rebate and fast tracked examination on filing patent applications and 50% fee rebate in filing trademark application. 

Challenges Associated with Patent Filing in India:

• Quantity vs Quality: The prevalence of low-quality patents perpetuates a cycle under which patentees are incentivized to continue filing low-quality patents. This trend, termed the “patent paradox” by Gideon Parchomovosky.

• • Patent paradox suggests that firms engage in high- volume, low-quality patenting strategies to maximize potential benefits  from the patent system. 
  • It’s critical for India to ensure that this does not happen in the country.
• Lack of Efficiency in Granting Patent: India’s lacks the ability to grant patents efficiently. For instance, in 2016-17, India recorded 45,444 patent applications with only 9,847 grants. In 2022-23, although the numbers increased to 82,805 and 34,153 respectively, lack of efficiency reamined a significant challenge. 
• Decline in Venture Capital (VC) Funding: Persistent uncertainty remains a burden on the worldwide innovation ecosystem, leading to a decline in VC funding across various regions.
  • For instance, as per a GlobalData report, India experienced a 34.6% reduction in VC funding deals compared to 2022, with a total of 920 deals announced from January to October 2023.
• IP protection and Enforcement: In the 2022 report by the U.S. Trade Representative (USTR), India emerged as one of the major economies presenting substantial IP protection and enforcement challenges.
  • Issues Raised in the Report: Concerns about what can be patented, waiting times for obtaining patents, reporting requirements, and data safety. 
• Gender Disparity: The most concrete measure of the gender gap in intellectual property is assessing women’s engagement in patenting, including their submission of patent applications through the Patent Cooperation Treaty (PCT).
  • For example, in India, the share of female inventors who file patent applications between 2019-2021 was 10.2%. 
  • As of 2023, women globally account for 16.2% of all inventors, with men making up the remaining 83.8%. 

Way Forward: 

• Lessons from Chinese Patent Approach: The patent office understaffed and underfunded to deal with applications, a problem the government has now fixed. However, as the country progresses in its ability to grant patents efficiently, the focus should now shift towards ensuring that each patent granted represents a genuine and significant innovation.
• Analysis of Patent Quality: India should carry out a post-facto analysis of patent quality, possibly under the aegis of the Office of Principal Scientific Adviser. 
  • It could assess a patent’s value by the volume of subsequent citations it receives, as a patent tends to accrue more citations if it pioneers a successful technological pathway.
• Saying No to Incentive Structure: Ensure that India does not put an incentive structure in place, especially for educational institutions, that attracts low-quality patents. 
• Raising Awareness: To further boost domestic patent filings, partnerships among various stakeholders would be crucial in creating and raising awareness about intellectual property. 
  • For instance, National IP awareness mission (NIPAM) aims to provide awareness on intellectual property and its rights to 1 million students.
• Central Coordination Body on IP Enforcement: According to the Parliamentary Standing Committee on Commerce’s 161st report on ‘Review of the Intellectual Property Rights Regime in India‘, a central coordination body on ip enforcement can be established for undertaking coordinative efforts in the enforcement and adjudication of IP laws to check IP crimes in the country.
• Introduce Regulation to Protect Artificial Intelligence (AI): It was noted that neither the Indian Patents Act, 1970 nor the Copyright Act, 1957 are well equipped to facilitate inventorship, authorship, and ownership by Artificial Intelligence. 
  • A separate category of rights for AI and AI-related inventions and solutions should be created for their protection as IPRs.

News Source: Mint

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Context: Recently, the Chief Justice of India (CJI) announced his intent to create constitutional benches of varied strengths as a permanent feature of the Court.

More On News:

• Currently, the Supreme Court of India faces a high pendency of cases (79,813 cases), raising demand for a structural change.
• The Constitution Bench (V. Vasanthakumar vs. H.C. Bhatia) is analyzing these issues and considering measures to protect citizen’s basic right to access the Supreme Court.

Historical Background of the Supreme Court of India: 

• During the colonial Era, There were three Supreme Courts- in Bombay, Calcutta, and Madras. 
• The Indian High Courts Act of 1861:  replaced the Supreme Courts with High Courts for separate regions. 
• The Government of India Act, 1935: It created the Federal Court of India as an appellate body for the Privy Council and High Courts. 
• Indian Constitution: The present Supreme Court was founded on January 28, 1950, under Article 124 of the Constitution. 
  •  It came into being in Delhi as a result of Article 130. 
• Composition: 34 judges, including the Chief Justice, The first Supreme Court included eight judges, including the CJI. With time and need, Parliament increased the number of judges from eight in 1950 to 11 in 1956, 14 in 1960, 18 in 1978, 26 in 1986, 31 in 2009 and 34 in 2019.

Features of the Supreme Court of India: 

• Constitutional Court: The Supreme Court serves as a Constitutional Court and Court of Appeal.
  • Article 32:
• Guardian of Fundamental Rights:  the Court serves to protect citizens from the excesses of the legislature and executive.
• Benches: The Court sits in varying-sized benches, as determined by the CJI (the Master of the Roster). 
• Constitution Benches: Provision is provided in Article 145(3) of the Constitution. 
  • Composition: It typically comprises five (minimum), seven, or nine judges, deliberating on a substantial question of law as to the interpretation of the Constitution.
• Types of Jurisdiction: It has three jurisdictions under the Constitution- original, appellate, and advisory. 
  • Hearing of Cases: These are heard by Division Benches (of two judges) or full Benches (three judges) to examine a wide range of topics, such as film prohibitions/restrictions. 
  • Broad Jurisdiction: It includes public interest litigations, such as secularism being removed from the Constitution’s Preamble. 
• Advisory jurisdiction: Article 143: For hearing any reference that deals with the power of the President to consult the Court.

Reasons for Restructuring the SC

• High Pendency of Cases: Across all courts in the country, more than 4 crore cases are currently pending, with around 70,000 cases just before the Supreme Court.
  • Many sensitive cases such as challenges to the reading down of Article 370 of the constitution, the Citizenship (Amendment) Act, and Electoral bonds remained pending for several years (see image).

• Special Leave petition:  The court has interpreted its SLP jurisdiction very widely, saying that it can interfere even with findings of fact. there is no clear benchmark for determining which cases deserve admission under the SLP route.
• Geographical Inaccessibility: The Parliamentary Standing Committee observed that the Delhi-centric Supreme Court creates a significant hurdle for litigants from faraway areas of the country and denies them the fundamental right to access justice. 
• Collegium system: The system of judges appointing  judges has been criticized for lack of transparency and accountability.
  • The National Judicial Appointments Commission (NJAC) Act was struck down by the Supreme Court in 2015, and Parliament has yet to enact new legislation.
• Diversity Deficit:  The representation of Scheduled Castes, Scheduled Tribes, Other Backward Classes, Women, and Minorities is far below the desired levels and does not reflect the social diversity of India. 
  • For instance, since 2018, the percentage of High Court judges appointed from Scheduled Castes and Scheduled Tribes was 3% and 1.5%, respectively.

• Short Tenures and Early Retirement: As per Articles 124(2) and 217(1), judges of the Supreme Court and High Courts, at present, hold their office until they attain the age of 65 and 62 years, respectively.
  • The average tenure of a Supreme Court judge is 5 years. This is a relatively short tenure compared to other countries, such as the United States, where the average tenure is 22 years.
• Master of Roster: Critics say that the system of Master of the Roster has turned into a system of Roster of the Master. The Chief Justice of India has the power to assign cases to different benches of the Supreme Court. 
  • This power has been criticized for giving the Chief Justice too much control over the Supreme Court.
• Colonial Practices: Vacations in the Supreme Court and High Courts, the law of criminal contempt, English as the court language, etc 
  • The entire court on vacation at once leads to the higher judiciary shutting down for a couple of months per year. This results in the pendency of cases and the inconvenience faced by litigants. 

The Way Forward: 

Separate Constitution Bench: the work of the Supreme Court could be split so that there is a Final Court of Appeal and a permanent Constitution Bench to ensure greater judicial stability and consistency.

• Tenth Law Commission of India (1984): It proposed splitting the Supreme Court into the Constitutional and Legal divisions. 
• Eleventh Law Commission (1988): It states that dividing the Supreme Court into parts would make justice more widely available. 
• The Supreme Court (1986): In Bihar Legal Support Society vs. Chief Justice of India (1986), the Supreme Court wanted to establish a National Court of Appeal. This would allow the Supreme Court only to entertain constitutional and public law-related questions. 
  • It could help the Supreme Court to deal with constitutional issues and other cases of national importance on a day-to-day basis.

Regional benches of SC: In 2009, the 229th Law Commission report recommended that four regional benches of the Supreme Court be set up, rather than a separate Court of Appeal, which can deal with appeals from their regions, while the constitution bench would sit in Delhi.

Use of Digital Technology: Technology is the “best tool” courts could wield against the inefficiency and opacity in judicial processes and to overcome the procedural barriers to justice.

• Access to video conferencing facilities or hearing through the hybrid mode would enable access to justice and improve the case management and court management system.

Gender and Social diversity: Making it mandatory to include one woman, one Scheduled Caste and one Scheduled Tribe member in the collegium to recommend judges to the higher judiciary would help to ensure gender and social diversity.

Increasing Retirement Age: Justice Venkatachalaiah Report(2002) recommended raising the retirement age of High Court and Supreme Court judges to 65 and 68, respectively.

• Raising the retirement will leave the judges less incentive to pander to the government as they are less likely to need post-retirement jobs. 
• Additionally, the Supreme Court Collegium may devise a system of appraisal to evaluate judges’ performance and health conditions before extending their tenure.
• Under Article III of the US Constitution, Supreme and Subordinate court judges hold their offices for life where as Australia and Ireland have 70 as the prescribed retirement age. At the same time, the upper limit is 75 years in Canada.
• The UK ordinarily provides for a retirement age of 70 for judges (although the services of certain individual judges can be extended till they are 75). 

Source: The Hindu

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संदर्भ:

• हाल ही में भारतीय विदेश सचिव की ईरान यात्रा के दौरान दोनों देशों के बीच रणनीतिक चाबहार बंदरगाह (Chabahar Port) के माध्यम से कनेक्टिविटी बढ़ाने और हमास तथा इज़रायल के बीच संघर्ष से उत्पन्न अस्थिरता को संबोधित करने से जुड़े मुद्दों पर चर्चा की गई।

संबंधित तथ्य:

• इस यात्रा के दौरान विदेश सचिव ने ईरान के उप-विदेश मंत्री के साथ ‘भारत-ईरान विदेश कार्यालय परामर्श’ (India-Iran Foreign Office Consultations- FOC) की एक बैठक की सह-अध्यक्षता भी की। 
• FOC के तहत दोनों पक्षों ने द्विपक्षीय संबंधों से जुड़े मुद्दों जैसे-चाबहार बंदरगाह, राजनीतिक जुड़ाव, व्यापार एवं आर्थिक संबंध, क्षमता निर्माण पहल आदि पर चर्चा की।

चाबहार बंदरगाह:

• ईरान के ऊर्जा संपन्न दक्षिणी तट के साथ सिस्तान-बलूचिस्तान प्रांत में स्थित चाबहार बदरगाह दक्षिण-पूर्वी ईरान में ओमान की खाड़ी के मुहाने पर अवस्थित है, यह ईरान का एकमात्र गहरे समुद्र का बंदरगाह है, जो ईरान को समुद्री तक पहुँच प्रदान करता है।
• यह भारतीय उपमहाद्वीप को अफगानिस्तान के साथ-साथ किर्गिस्तान एवं उज़्बेकिस्तान जैसे मध्य एशियाई देशों से जोड़ने के लिए एक आदर्श रणनीतिक स्थान है।
•  भारत सरकार द्वारा चाबहार बंदरगाह के विकास हेतु वर्ष  2003 में पहले समझौते पर हस्ताक्षर किए गए थे।
• भारत सरकार द्वारा अफगानिस्तान के दक्षिण में जरांज-डेलाराम राजमार्ग का निर्माण किया गया, जो ईरान की सीमा से व्यापार मार्ग को हेरात और काबुल के मुख्य व्यापार मार्गों से जोड़ने में मदद करेगा, इसे वर्ष 2009 में अफगान सरकार को सौंप दिया गया था।
• भारत की सार्वजनिक क्षेत्र की कंपनी ‘इंडिया पोर्ट ग्लोबल लिमिटेड’ (India Port Global Limited) द्वारा ‘शाहिद बेहेश्ती’ (Shahid Beheshti)  टर्मिनल का संचालन किया जाता है।
• वर्ष 2016 में, भारत ने बंदरगाह के विकास के लिए $85 मिलियन की प्रतिबद्धता के साथ $150 मिलियन  की क्रेडिट लाइन भी दी थी। वर्ष 2023 तक, भारत ने बंदरगाह के विकास के लिए $25 मिलियन  की छह गैन्ट्री क्रेन की आपूर्ति की है।
• भारत द्वारा चाबहार बंदरगाह के विस्तार योजना के चरण-2 के हिस्से के तहत शाहिद बेहेश्ती टर्मिनल में ‘सार्वजनिक-निजी साझेदारी’ (PPP) के माध्यम से निवेश बढ़ाने पर विचार किया जा रहा है। 

भारत के लिये महत्त्व:  

• भौगोलिक अवस्थिति: पाकिस्तान के ग्वादर बंदरगाह से मात्र 72 किलोमीटर पश्चिम में स्थित चाबहार बंदरगाह भारत के लिये रणनीतिक और आर्थिक दृष्टि से महत्त्वपूर्ण है। 
• मध्य एशिया के लिये वैकल्पिक मार्ग : चाबहार बंदरगाह ईरान के साथ-साथ  मध्य एशियाई देशों के साथ भारत के द्विपक्षीय व्यापार को बढ़ावा देने में सहायता प्राप्त होगी।   
• यूरेशिया तक पहुँच: भारत द्वारा चाबहार बंदरगाह को ‘अंतरराष्ट्रीय उत्तर-दक्षिण परिवहन काॅरिडोर’ (International North–South Transport Corridor- INSTC) में शामिल करने की माँग की गई है, जो भारत और युरेशिया के बीच परिवहन को मज़बूत करेगा।
  • INSTC भारत, ईरान, अफगानिस्तान, आर्मेनिया, अजरबैजान, रूस, मध्य एशिया और यूरोप के बीच माल ढुलाई के लिये 7,200 किलोमीटर की मल्टी-मोड परिवहन परियोजना है। INSTC के माध्यम से भारत और रूस के बीच माल ढुलाई की लागत को लगभग 30% तक एवं पारगमन समय को मौजूदा 40 दिनों से आधे से अधिक कम करने का अनुमान है। 
  • INSTC की शुरुआत 12 सितंबर, 2000 को रूस, ईरान और भारत के बीच हस्ताक्षरित एक अंतरसरकारी समझौते के तहत की गई थी।  
• चीन के बढ़ते प्रभुत्व पर नियंत्रण: चाबहार बंदरगाह के संचालन के माध्यम से अरब सागर में चीन के बढ़ते प्रभुत्व (चीन पाकिस्तान आर्थिक गलियारा’ व ‘बेल्ट एंड रोड पहल’ आदि के माध्यम से) को सीमित करने में सहायक हो सकता है।  
• क्षमता:   अप्रैल-सितंबर 2023 के बीच शाहिद बेहेश्ती टर्मिनल पर कंटेनर कार्गो हैंडलिंग 25,788 टीईयू (Twenty Equivalent Units- TEUs)  और थोक कार्गो हैंडलिंग 1.5 मिलियन टन था। जो वर्ष 2023 के इसके लक्ष्य 13,282 TEUs से अधिक है।

चुनौतियाँ: 

• दीर्घकालिक अनुबंध का अभाव:  वर्तमान में इस बंदरगाह टर्मिनल के संचालन  हेतु अनुबंध को प्रतिवर्ष  नवीनीकृत किया जाना आवश्यक है । 
• धीमी प्रगति: ईरान ने भारत द्वारा इस परियोजना के विकास की धीमी प्रगति पर असंतोष व्यक्त किया है।
• प्रतिबंध:  पश्चिमी देशों (विशेषकर अमेरिका) के साथ  ईरान के संबंधों में तनाव को इस परियोजना में सबसे बड़ी बाधा के रूप में देखा जाता है। 
  • वर्ष 2018 में अमेरिका द्वारा ईरान के साथ हुए परमाणु समझौते से अलग होते हुए ईरान पर नए  प्रतिबंधों  की घोषणा की जिसके बाद भारत को ईरान से अपने तेल आयात को लगभग शून्य करना पड़ा, हालाँकि इस प्रतिबंध में चाबहार को विशेष छूट दी गई परंतु इससे बंदरगाह का विकास कार्य बहुत ही कठिन हो गया। 
• चीन का बढ़ता प्रभुत्व: हाल के वर्षों में ईरान में चीन का बढ़ता प्रभुत्व भारत के लिये एक चिंता का विषय है, ध्यातव्य है कि वर्ष 2021 में ईरान ने चीन के साथ 25 वर्ष की लंबी अवधि के लिये  $400 अरब के रणनीतिक एवं आर्थिक साझेदारी समझौते पर हस्ताक्षर किए थे। 

आगे की राह: 

• ब्रिक्स समूह में ईरान को सदस्य बनाए जाने के निर्णय को भारत-ईरान संबंधों में एक सकारात्मक प्रगति के रूप में देखा जाता है।
• भारत को चाबहार बंदरगाह पर दीर्घकालिक अनुबंध को बढ़ावा देने के साथ अमेरिका और ईरान के साथ अपने संबंधों के संतुलन को बनाए रखने पर विशेष ज़ोर देना होगा।

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