UPSC Mains Daily Answer Writing (20-12-2022) - GS 2


Questions

Q1. Space as the fourth pillar of defence strategy by countries including India is done keeping national security as a priority. Discuss the issues in astropolitics in this regard.           (10 marks)

Q2. Enumerating importance of tribunals, discuss the provisions of Tribunals Reforms Bill 2021.         (15 marks)


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Model Solutions

Q1. Space as the fourth pillar of defence strategy by countries including India is done keeping national security as a priority. Discuss the issues in astropolitics in this regard. (10 marks)

Model Structure
Introduction

  • The newly found strategic interest of countries in space is based on developing new technologies for commercial gains and an urge to accomplish peaceful and stable outer space. The USA and Russia have already achieved this to a good extent, and India and China are developing in this area at a rapid pace.

Main Body

  • With space as a part of global commons, there are some issues in astropolitics or geopolitics of outer space like-
    • Space debris is a big issue as there is no mechanism of liability and one piece of debris has the potential to destroy many satellites or vehicles (Kessler syndrome).
    • Not just debris but the increasing traffic of satellites is itself a risk with collisions a big possibility.
    • Space militarization and weaponization of space is catastrophic as it has the potential to render communication systems useless.
    • Space mining from near Earth asteroids can further increase conflict due to unclear demarcation of territory and possession.
    • Discovery of water on the south pole of the moon has led to potential conflict like moon rush with China and USA in the fray. This added with the Blue Moon initiative of Jeff Bezos to place humans on the moon can further raise conflicts.

Conclusion

  • There is a need to further strengthen and modernise the Outer Space Treaty which was introduced 55 years back. Few more treaties addressing above mentioned issues can be adopted to be in line with changing times.

Q2. Enumerating importance of tribunals, discuss the provisions of Tribunals Reforms Bill 2021. (15 marks)

Model Structure
Introduction

  • Tribunals are established under article 323A and 323B as a quasi-judicial body for adjudicating administrative or tax-related disputes or reviewing an administrative decision already in place.

Main Body

  • Tribunals were established to perform specialized roles in justice mechanisms. They have significance due to features like-
    • Address issues of pendency in courts and facilitate justice delivery mechanisms.
    • They are cheaper and ensure speedy justice offering flexibility in procedure.
    • With domain expertise, they ensure justice in specific areas like taxation, environment, film certification, information and communication technology etc.
    • With already overburdened courts, tribunals were set up to address this issue and foster decision making.
  • Recently, the Tribunal Reforms Bill, 2021 was introduced making few changes. Some of the features are-
    • To empower the central government to formulate rules for qualifications, term of office, salaries and allowances, resignation, and other service conditions of the members.
    • 5 tribunals namely Airports Appellate Tribunal, Intellectual Property Appellate Board, Authority for Advance Rulings, Film Certification Appellate Tribunal, and the Plant Varieties Protection Appellate Tribunal to be abolished by the bill.
    • Chairperson and members to be appointed by the central government based on recommendation of a search-cum-selection committee.
    • This committee will be headed by the Chief Justice of India or a nominated judge of the supreme court.
    • A separate search committee for state tribunals.
    • To hasten the selection process, decisions on recommendations must be taken within 3 months of recommendation.
    • Chairperson office term will be 4 years or till age of 70 years

Conclusion

  • Though rationalization of tribunals is a good idea, their control by the central government raises issues of separation of powers. To ensure non-partisan decision making, National Tribunals Commission as an independent body can be constituted which was first proposed in the L. Chandra Kumar case of 1997.
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