CNA 21 March 2023:- Download PDF Here
TABLE OF CONTENTS
A. GS 1 Related B. GS 2 Related POLITY 1. Are foreign law firms now allowed in India? C. GS 3 Related D. GS 4 Related E. Editorials INTERNATIONAL RELATIONS 1. Concluding on a high note, in Manhattan ECONOMY 1. The wide disparities in human development F. Prelims Facts G. Tidbits 1. Rapid action against climate change needed: UN panel 2. Scholars, experts from SCO countries discuss ways to revive Buddhist culture 3. CAD to narrow, bolster rupee against global risks H. UPSC Prelims Practice Questions I. UPSC Mains Practice Questions
A. GS 1 Related
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B. GS 2 Related
1. Are foreign law firms now allowed in India?
Syllabus: Functioning of the Judiciary
Prelims: About Bar Council of India (BCI)
Mains: Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022 and its significance and implications
Context
The Bar Council of India (BCI) has framed Rules to allow foreign law firms and foreign lawyers to open offices in India.
- The Bar Council of India (BCI) is a statutory body set by the Parliament under the provisions of the Advocates Act, 1961.
- BCI is entrusted with the task of regulating and representing the Indian bar.
- BCI performs the regulatory function by prescribing standards of professional conduct and exercising disciplinary jurisdiction over the bar.Β
- BCI also plays an important role in setting the standards for legal education and recognition of universities whose degrees in law will serve as a qualification for enrolment as an advocate.
Background
- In March 2018, the Supreme Court allowed foreign law firms and foreign lawyers to visit India for a temporary period for giving legal advice to their clients.
- The apex court had ruled that there was no restriction on foreign law firms or lawyers to visit India and provide legal advice to their clients and had asked the BCI to formulate suitable rules in this regard.
- Five years after the Supreme Courtβs ruling, BCI has now formulated the βRules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022β.
Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022
- As per the provisions of the Advocates Act, advocates registered with the BCI alone are entitled to practise law in India and all others, such as a litigant, can only appear with the permission of the court or authority before whom the proceedings are pending.
- The notification of the new Rules now facilitates foreign lawyers and law firms to practise foreign law, international law, international arbitration, joint ventures, mergers and acquisitions, intellectual property matters, etc. on a reciprocal basis in India.
- However, foreign lawyers and firms cannot practise Indian law.
- Further, foreign lawyers and law firms will be allowed to register with BCI to practise in India only if they are entitled to practise law in their home countries.Β
- Such foreign lawyers and firms are only authorised to engage in non-litigation aspects of the legal field and are hence not permitted to appear before any courts, tribunals, or other quasi-judicial authorities.
- With the introduction of new Rules, Indian lawyers working with foreign law firms will now be restricted to engage only in βnon-litigious practice.β
Implications of the new Rules
- As per the BCI, the move will help to address the concerns regarding the flow of Foreign Direct Investment (FDI) into the country.
- The move is also expected to help make India a hub for international commercial arbitration.Β
- Further, the legal fraternity in the country is not likely to suffer any disadvantage with the law practice being opened up to foreign lawyers in a restricted and regulated manner.Β
- The principle of reciprocity in the Rules makes sure that the Rules would benefit both Indian as well as foreign lawyers mutually.
- Experts also believe that allowing foreign law firms to set up their offices in India would be huge for corporate legal practice in the country as competition leads to improvement in legal services.
- The move would allow foreign law firms to hire Indian lawyers which can expand the legal job market and will also bring in various technological advancements such as artificial intelligence (AI) into legal service delivery.
- However, critics believe that the move will result in lawyers deserting the real need in India i.e. defending and fighting for rights and the βcorporatisationβ of law practice in the country.Β
Nut graf: Although critics have expressed concerns about the increased competition to Indian lawyers and corporatisation of law practice in India, the new Rules that allow foreign lawyers and law firms to practise in India could potentially change the landscape of the legal fraternity in India and ensure that it is at par with international standards.
C. GS 3 Related
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D. GS 4 Related
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E. Editorials
Category: INTERNATIONAL RELATIONS
1. Concluding on a high note, in Manhattan
Syllabus: GS-2, Important International Institutions.
Mains: Indiaβs membership in UNSC.
Prelims: UNSC and its membership.
Details:
- Indiaβs membership (non-permanent) in the United Nations Security Council ended in December 2022.
For more information, read here: United Nations Security Council (UNSC)
Details about Indiaβs two-year membership in UNSC:
- India entered the council as a non-permanent member on 1st January 2021.Β
- It focused on areas like maritime security, terrorism, UN peacekeeping, reformed multilateralism, and the Global South.
- Moreover, India was elected as a chair of three important UNSC Committees namely,Β
- Taliban Sanctions Committee
- Libyan Sanctions Committee
- Counter-terrorism Committee
- Indian Prime Minister Shri Narendra Modi chaired a UNSC meeting on maritime security and called for anti-piracy, freedom of navigation, and combating terror and transnational crime at sea.
- India tried to bring the polarised council on the same page on matters related to conflicts in Afghanistan, Myanmar, Palestine, Ethiopia, Ukraine, etc. For instance,
- In Myanmar, there was a military takeover on 1st February 2023. The Permanent-5 (P-5) members had opposing views.
- India assured balanced and comprehensive Council pronouncements. Its efforts culminated in a resolution on Myanmar in December 2022.
For details, read here: Myanmar Coup d’Γ©tat 2021
- India enhanced its focus on terrorism as a chair of the UNSC Counter-Terrorism Committee (CTC). Though Indiaβs attempts to list terrorists under UNSC Resolution 1267 sanctions were thwarted, it managed to get approval for the Deputy Chief of Lashkar-e-Taiba (Abdul Rehman Makki).
- It also raised concerns about contemporary forms of religiophobia in the Council and highlighted the need to control rising hate crimes.
- India ultimately discussed the immediate need for reforms in the council.
Also read: UN Global Counter-Terrorism Strategy (GCTS)
Challenges during Indiaβs membership:
- Taliban took power in Afghanistan in August 2021. India was pivotal in forming UNSC Resolution 2593. The resolution laid benchmarks for curbing cross-border terrorism from Afghanistan, protecting women’s rights, providing humanitarian assistance, etc.
- During Ukraineβs conflict, India took an independent stand and called for dialogue and peace. It also spoke against sanctions on oil, food, and fertilizers.
Indiaβs efforts for peacekeeping:
- India launched UNITE Aware technology platform for the real-time protection of peacekeepers.
- It also piloted the UNSC resolution for accountability of crimes against peacekeepers.Β
- India also provided two lakh vaccines to UN peacekeepers.
- In December 2021, India defeated the draft resolution where the west tried to bring climate change under the ambit of the UNSC as P-5 are the major historical polluters.
- Moreover, an attempt to amend the climate change architecture might shut the voice of the Global South, particularly Small Island Developing States.
Also read: United Nations Peacekeeping
Nut Graf: India has performed very well in the two-year tenure of its non-permanent membership in the United Nations Security Council. It dealt with the crucial matters of the world with alacrity and suggested reforms in the council.
1. The wide disparities in human development
Syllabus: GS-3, Inclusive growth and Human Development.
Mains: Human development disparities at the sub-national level.
Prelims: Human Development Index.
Details:
- Despite high economic growth, India has not achieved a corresponding increase in its Human Development Index (HDI).
- HDI was introduced in 1990 and it assesses a countryβs average accomplishment in three aspects:
- Long and Healthy Life
- KnowledgeΒ
- Decent Standard of Living
For more details on Human Development Index 2021-22, read here: Human Development Report
Calculating state-wise disparities:
- Due to its large size and population, it is important to address the subnational or state-wise disparities in human development. It will help in realizing the demographic potential of the country.
- A new index has been developed by the author utilizing the methods suggested by the UNDP and the National Statistical Office (NSO). This would compare human development on a sub-national level.
- It uses four indicators:
- Life expectancy at birth (estimates are taken from Sample Registration Survey)
- Mean years of schooling (data from NFHS-5)
- Expected years of schooling (data from NFHS-5)
- Gross National Income (GNI) per capita (gross state domestic product (GSDP) per capita is used as a proxy indicator)
- The method calculates the geometric mean of the normalized indices for the three dimensions and applies the maximum (1) and minimum (0) values recommended by the UNDP and NSO. The higher value indicates a higher level of human development.
Also read: National Sample Survey Office (NSSO)
Analysis of subnational HDI:
- Delhi occupies the top position and Bihar is at the bottom. However, Bihar is no longer considered a low human development State.
- The top 5 states are Delhi, Goa, Kerala, Sikkim, and Chandigarh. Both Delhi and Goa have a very high level of human development (above 0.799) thus making them equivalent to Eastern Europe.
- Nineteen states have scores in the range of 0.7 to 0.799 and are classified as high human development states. Some of these states are Kerala, Haryana, Gujarat, Punjab, etc.
- The bottom 5 states with a medium level of human development are Bihar, Uttar Pradesh, Madhya Pradesh, Jharkhand, and Assam.
- The high HDI of Kerala can be attributed to high literacy rates, a robust health system, and high income.Β
Reasons for Disparity:
- The economic growth is unevenly distributed. For instance, the top 10% of the population holds 77% of the income.
- Despite progress in reducing poverty and improving healthcare and education, the quality of service is a cause of concern.
Way Ahead:
- It is important for the government to prioritize human development.
- A multi-faceted approach should be adopted covering aspects like:
- Addressing income and gender inequality
- Improving the quality of social services
- Tackling environmental concerns
- Investment in social infrastructure like healthcare and education
- Improving access to basic amenities like improved sanitation, clean water, electricity
- Apart from the above, employment opportunities should be generated
Also read: Inclusive Growth, Government Schemes – Yojana
Nut Graf: Governments should prioritize human development alongside economic growth to ensure that the benefits of growth are more evenly distributed. Moreover, a state-wise approach should be adopted for a better assessment of the human development scenario in the country.
F. Prelims Facts
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G. Tidbits
1. Rapid action against climate change needed: UN panel
- The Intergovernmental Panel on Climate Change (IPCC) in its report has said that climate change has become a threat to human well-being and planetary health and that the opportunities to secure a liveable and sustainable future for all are reducing.
- The IPCC is a scientific government body under the United Nations. However, the UN panel does not itself undertake scientific assessments but only evaluates the state of scientific evidence on various aspects of climate change.
- Future reports of the UN panel are not expected until 2030 which has been marked out as a boundary point year beyond which if significant measures to mitigate emissions are not taken, then it would be impossible to prevent the earth from heating above 1.5Β°C of the pre-industrial levels.
- The report also notes that overshooting 1.5Β°C would cause irreversible adverse impacts on certain ecosystems with low resilience, such as polar, mountain, and coastal ecosystems.
- The report highlights the urgency of initiating more ambitious actions to secure a liveable sustainable future for all.
- The Indian Environment Minister has said that India has welcomed the report.
2. Scholars, experts from SCO countries discuss ways to revive Buddhist culture
- India recently hosted a conference on βShared Buddhist Heritageβ under the ambit of the Shanghai Cooperation Organisation (SCO) and is said to be a first-of-its-kind event.
- The event witnessed the participation of scholars from countries such as Russia, China, Pakistan, Tajikistan, Belarus, Bahrain, Myanmar, the UAE and Kazakhstan.
- The conference was organised by the Ministry of Culture, the Ministry of External Affairs and the International Buddhist Confederation (IBC).
- The key objective of the conference was to re-establish trans-cultural links and find out commonalities between Buddhist art of Central Asia, art styles and archaeological sites.
- Trans-cultural linkages between central Asian and Southeast Asian nations are extremely significant and need to be revived and Buddhism can help build a common cultural line between all the SCO countries.
- India will also be hosting the World Buddhist Conference in 2023.
Read more about – Buddhism
3. CAD to narrow, bolster rupee against global risks
- According to the Finance Ministry, despite the GDP growth being slow in the third quarter – Q3 (4.4%) as compared to Q2 (6.3%), the growth has not gotten shallower and the momentum has sustained through the course of 2022-23.
- The Ministry further believes that the macroeconomic stability would get a further boost as the current account deficit was set to narrow from year-beginning estimates on account of a jump in net services exports, moderation in oil prices and the decline in import-intensive consumption demand.
- The current account deficit (CAD) which measures the flow of goods, services and investments into and out of the country is estimated to narrow in FY24.
- Narrowing the CAD is expected to provide a much-needed cushion to the economy, especially at a time when the Federal Reserve is looking to raise rates further.
- The ministry has also argued that the growth momentum could have been higher if not for a contraction in Gross Value Added (GVA) in the manufacturing sector caused due to weaker demand in advanced economies.
H. UPSC Prelims Practice Questions
Q1. Identify the correct statements: (Level β Easy)
- The Central Sector Schemes are entirely funded by the Central government.
- The Centrally Sponsored Schemes are entirely funded by the central government but implemented by the state governments.
- The NITI Aayog has the authority to conduct an evaluation of both of the above schemes.
Options:
- 1 and 2
- 2 and 3
- 1 and 3
- 1, 2 and 3
CHECK ANSWERS:-
Answer: c
Explanation:
- Statement 1 is correct, Central sector schemes are 100% funded by the Union government and implemented by the Central Government machinery.Β
- Central sector schemes are mainly formulated on subjects from the Union List.Β
- Statement 2 is not correct, Centrally sponsored schemes are jointly funded by the Centre and State Governments
- Centrally sponsored schemes are formulated in subjects from the State List and are implemented by the State Governments.
- Statement 3 is correct, The NITI Aayog has the authority to conduct an evaluation of both of the above schemes.
- Development Monitoring and Evaluation Office (DMEO), an attached office of NITI Aayog, conducts independent evaluation studies of both Central Sector as well as Centrally Sponsored Schemes.
Q2. Which of the following are matched correctly? (Level β Moderate)
Options:
- 1 and 2 only
- 2 and 3 only
- 3 and 4 only
- 1 and 4 only
CHECK ANSWERS:-
Answer: a
Explanation:
Q3. What do you understand about LVM-3, in the news recently? (Level β Moderate)
- It is a light aircraft recently developed by HAL.
- It is a Low Earth Orbit satellite of India.
- It is a geosynchronous launch vehicle of the country.
- It is a fungal enzyme discovered recently that helps in the degradation of plastics.
CHECK ANSWERS:-
Answer: c
Explanation:
- The Launch Vehicle Mark 3 (LVM3) is ISRO’s medium-heavy lift launch vehicle.
- The LVM3 rocket was previously known as Geosynchronous Satellite Launch Vehicle Mark III (GSLV Mk3).
Q4. Which of the following statements are incorrect? (Level β Moderate)
- The TOPS funding to sportspersons is only for the purpose to win medals in the Olympic Games.
- TOPS funding is given to new sportspersons who have never represented India in the Olympics yet.
Options:
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
CHECK ANSWERS:-
Answer: c
Explanation:
- Statement 1 is not correct, Target Olympic Podium is a scheme under the National Sports Development Fund of the Department of Sports under the Ministry of Youth Affairs and Sports.Β
- The objective of the TOP Scheme is to improve Indiaβs performance at the Olympics and Paralympics.
- Further, the support for customised training of medal prospects including for the Olympic Games and Asian Games is provided under TOP Scheme.
- Statement 2 is not correct, There is no such restriction that TOPS funding is given to new sportspersons who have never represented India in the Olympics yet.
- Neeraj Chopra, who won India’s first-ever gold medal in athletics at Tokyo Olympics 2020, is being provided TOPS funding to train in Gloria Sports Arena, Turkey.
Q5. Which of the following statements correctly explains the impact of the Industrial Revolution on India during the first half of the nineteenth century? (Level β Easy) [PYQ 2020]
- Indian handicrafts were ruined
- Machines were introduced in the Indian textile industry in large numbers
- Railway lines were laid in many parts of the country
- Heavy duties were imposed on the imports of British manufacturesΒ
CHECK ANSWERS:-
Answer: a
Explanation:
- The Industrial Revolution revolutionised economies that were based on agriculture and handicrafts into economies based on large-scale industry, mechanized manufacturing, and the factory system.Β
- Post the Industrial Revolution, Britain started producing machine-made goods and textiles that were much cheaper than Indian goods which ruined the market for Indian handicrafts.
I. UPSC Mains Practice Questions
- India’s UNSC Presidency raised the bar high with regard to focus, policy and resolutions. Elucidate. (150 words, 10 marks) [GS-2, IR]
- Can foreign law firms practise in India? Discuss the rules and regulations laid down by the Bar Council. (150 words, 10 marks) [GS-2, Polity & Governance]
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CNA 21 March 2023:- Download PDF Here
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