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DAILY CURRENT AFFAIRS, 18 DECEMBER 2023

SELECTING ELECTION COMMISSIONERS

 
 
1. Context
On December 12 2023, the Rajya Sabha passed The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Office and Terms of Office) Bill, 2023. It is likely to be enacted into a law after being passed by the Lok Sabha in the current winter session. It provides for the procedure for appointment of the Chief Election Commissioner (CEC) and the other two Election Commissioners (ECs)
 
2. Supreme Court Rulings
  • Anoop Baranwal initiated a Public Interest Litigation (PIL) in 2015, urging the Supreme Court to establish an independent system resembling the collegium for appointing the Chief Election Commissioner (CEC) and Election Commissioners (ECs).
  • In March 2023, the Supreme Court noted the absence of parliamentary legislation over the past 73 years regarding the appointment of the CEC and ECs since the Constitution's adoption.
  • Acknowledging the vital role of the Election Commission of India (ECI) in ensuring fair elections for a robust democracy, the court referenced various independent mechanisms in other constitutional institutions such as the National and State Human Rights Commission, the Central Bureau of Investigation (CBI), Information Commission, and Lokpal.
  • Previously, the Dinesh Goswami Committee on Electoral Reforms (1990) and the Law Commission's 255th report on Electoral Reforms (2015) had proposed a committee comprising the Prime Minister, Chief Justice of India (CJI), and the Leader of the Opposition or the largest Opposition party in the Lok Sabha for the appointment of the CEC and ECs.
  • Taking these suggestions into account, the Supreme Court, utilizing its authority under Article 142 to ensure 'complete justice,' mandated that the committee responsible for appointing the CEC and ECs would consist of the Prime Minister, CJI, and the Leader of the Opposition or the largest opposition party in the Lok Sabha. This directive will stand until Parliament formulates a specific law on this issue
 
3.The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Office and Terms of Office) Bill, 2023
  • The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Bill, 2023, was introduced in Rajya Sabha on August 10, 2023.  It repeals the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.

  • Election Commission: As per Article 324 of the Constitution, the Election Commission consists of the Chief Election Commissioner (CEC) and such number of other Election Commissioners (ECs), as the President may decide.  The CEC and other ECs are appointed by the President.  The Bill specifies the same composition of the Election Commission.  It adds that the CEC and other ECs will be appointed by the President on the recommendation of a Selection Committee.

  • Selection Committee: The Selection Committee will consist of (i) the Prime Minister as Chairperson, (ii) the Leader of the Opposition in Lok Sabha as a member, and (iii) a Union Cabinet Minister nominated by the Prime Minister as a member.  If the Leader of the Opposition in Lok Sabha has not been recognized, the leader of the single largest opposition party in Lok Sabha will assume the role.

  • Search Committee: A Search Committee will prepare a panel of five persons for the consideration of the Selection Committee.  The Search Committee will be headed by the Cabinet Secretary.  It will have two other members, not below the rank of Secretary to the central government, having knowledge and experience in matters related to elections.  The Selection Committee may also consider candidates who have not been included in the panel prepared by the Search Committee.

  • Qualification of CEC and ECs: Persons who are holding or have held posts equivalent to the rank of Secretary to the central government will be eligible to be appointed as CEC and ECs.   Such persons must have expertise in managing and conducting elections.

  • Salary and allowances: The 1991 Act provides that the salary of the ECs will be equal to that of a Supreme Court judge.  The Bill provides that the salary, allowance, and service conditions of the CEC and other ECs will be the same as that of the Cabinet Secretary.

  • Term of office: The 1991 Act mandates that the CEC and other ECs will hold office for a term of six years or until they reach the age of 65 years, whichever is earlier.  If an EC is appointed as the CEC, his total term cannot exceed six years.  The Bill retains the same tenure.  Further, under the Bill, the CEC and other ECs will not be eligible for re-appointment.

  • Conduct of business: All business of the Election Commission is to be conducted unanimously.  In case of a difference of opinion between the CEC and the other ECs on any matter, it shall be decided through the majority.

  • Removal and resignation: Under Article 324 of the Constitution, the CEC can only be removed from his office in a manner similar to that of a Supreme Court judge.  This is done through an order of the President, based on a motion passed by both Houses of Parliament in the same session. The motion for removal must be adopted with (i) majority support of total membership of each House, and (ii) at least two-thirds support from members present and voting.  An EC can only be removed from office on the recommendation of the CEC.  The Bill retains this removal procedure.

  • Further, the 1991 Act provides that the CEC and other ECs may submit their resignation to the President.  The Bill has the same provision. 

 
 
Constitution Says- 
Article 324 provides for the composition of the Election Commission of India (ECI). It consists of the CEC and two other ECs. The Constitution provides that the appointment of the CEC and EC shall, subject to the provisions of any law made by Parliament, be made by the President. While the existing parliamentary law provides for their conditions of service, it is silent with respect to appointments. The appointments till date are made by the President, that is the Central Government and there is no mechanism for ensuring independence during the appointment process
 
4. Practices around the globe
  • The process of selecting and appointing members to electoral bodies varies internationally across democracies. For instance, in South Africa, involvement includes the President of the Constitutional Court, representatives from the Human Rights Court, and advocates for gender equality. In the United Kingdom, candidates receive approval from the House of Commons, while in the United States, the President nominates them, and the Senate confirms the appointments.
  • Although the proposed Bill shifts the appointment process from a sole executive decision to a committee-based selection, it still leans in favor of the existing government.
  • The Supreme Court took into account recommendations from diverse committees and the appointment mechanisms for certain independent bodies like the CBI, involving the Chief Justice of India (CJI), while establishing its selection procedure.
  • While Parliament holds the authority to legislate on this matter, it might have been prudent to include the CJI in the selection committee to ensure the highest level of independence.
  • Nonetheless, it's highly probable that the Bill will become law in its current shape. It would be commendable and foster public trust in the functioning of the Election Commission of India (ECI) if, at the very least, selections under the new law are made unanimously by the proposed selection committee
5. Way forward
While this process involves the executive branch, there might be parliamentary discussions or debates about the appointment process, ensuring a level of oversight and transparency in the selection of Election Commissioners
 

 

For Prelims: Election Commission of India, President, Prime Minister, Leader of Opposition, Chief Election Commissioner (CEC), Article 324, Electronic Voting Machines (EVMs) and Voter Verified Paper Audit Trails (VVPATs).

For Mains

1. The Election Commission of India is often hailed as the guardian of democracy. Discuss the constitutional provisions and the various measures it takes to ensure free and fair elections in the country. (250 words).

2. Examine the role of the Election Commission of India in regulating the influence of money in politics. How effective have its measures been in curbing electoral malpractice related to campaign finance? (250 words).

 

Previous year Questions

1. Consider the following statements: (UPSC 2017)

1. The Election Commission of India is a five-member body.

2. Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.

3. Election Commission resolves the disputes relating to splits/mergers of recognised political parties.

Which of the statements given above is/are correct?

A. 1 and 2 only

B. 2 only

C. 2 and 3 only

D. 3 only

Answer: D

2.With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following? (UPSC CSE 2019)
(a) The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in any court of law.
(b) The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.
(c) In the event of a grave financial crisis in the country, the President of India can declare a Financial Emergency without the counsel from the Cabinet.
(d) State Legislatures cannot make laws on certain matters without the concurrence of the Union Legislature.

Answer (b)

1.In the light of recent controversy regarding the use of Electronic Voting Machines (EVM), what are the challenges before the Election Commission of India to ensure the trustworthiness of elections in India? (UPSC Mains GS2, 2018)

 
Source: The Hindu

EU'S ARTIFICIAL INTELLIGENCE ACT

 

1. Context

The European Union’s Artificial Intelligence (AI) Act is a significant legislative initiative aimed at regulating artificial intelligence technologies within the EU. With the growing influence of AI across various sectors, the EU seeks to strike a balance between fostering innovation and ensuring ethical and responsible AI development. The objectives of the EU AI Act are to create a regulatory framework for AI technologies, mitigate risks associated with AI systems, and establish clear guidelines for developers, users, and regulators. The act aims to ensure the responsible use of AI by protecting fundamental rights and promoting transparency in AI applications.

2. What is the EU AI Act?

  • The AI Act is a proposed European law on artificial intelligence (AI) – the first law on AI by a major regulator anywhere.
  • The law assigns applications of AI to three risk categories. First, applications and systems that create an unacceptable risk, such as government-run social scoring of the type used in China, are banned. Second, high-risk applications, such as a CV-scanning tool that ranks job applicants, are subject to specific legal requirements.
  • Lastly, applications not explicitly banned or listed as high-risk are largely left unregulated

3. Why should we regulate Artificial Intelligence?

  • As artificial intelligence technologies become omnipresent and their algorithms more advanced capable of performing a wide variety of tasks including voice assistance, recommending music, driving cars, detecting cancer, and even deciding whether you get shortlisted for a job the risks and uncertainties associated with them have also ballooned.
  • Many AI tools are essentially black boxes, meaning even those who designed them cannot explain what goes on inside them to generate a particular output.
  • Complex and unexplainable AI tools have already manifested in wrongful arrests due to AI-enabled facial recognition; discrimination and societal biases seeping into AI outputs; and most recently, in how chatbots based on large language models (LLMs) like Generative Pretrained Transformer3 (GPT3) and 4 can generate versatile, human competitive and genuine looking content, which may be inaccurate or copyrighted material.

4. How was the AI Act formed?

  • The legislation was drafted in 2021 to bring transparency, trust, and accountability to AI and create a framework to mitigate risks to the safety, health, fundamental rights, and democratic values of the EU.
  • It also aims to address ethical questions and implementation challenges in various sectors ranging from healthcare and education to finance and energy.
  • The legislation seeks to strike a balance between promoting “the uptake of AI while mitigating or preventing harms associated with certain uses of the technology”. 
  • Similar to how the EU’s 2018 General Data Protection Regulation (GDPR) made it an industry leader in the global data protection regime, the AI law aims to “strengthen Europe’s position as a global hub of excellence in AI from the lab to the market” and ensure that AI in Europe respects the 27­country bloc’s values and rules.

5. What does the draft document entail?

  • The draft of the AI Act broadly defines AI as “software that is developed with one or more of the techniques that can, for a given set of human ­defined objectives, generate outputs such as content, predictions, recommendations, or decisions influencing the environments they interact with”.
  • It identifies AI tools based on machine learning, deep learning, and knowledge as well as logic­based and statistical approaches.
  • The Act’s central approach is the classification of AI tech based on the level of risk they pose to the “health and safety or fundamental rights” of a person.
  • There are four risk categories in the Act unacceptable, high, limited, and minimal.  
  • The Act prohibits using technologies in the unacceptable risk category with little exception.
  • These include the use of real­time facial and biometric identification systems in public spaces; systems of social scoring of citizens by governments leading to “unjustified and disproportionate detrimental treatment”; subliminal techniques to distort a person’s behavior; and technologies that can exploit vulnerabilities of the young or elderly, or persons with disabilities. 
  • The Act lays substantial focus on AI in the high­risk category, prescribing several pre­and post­market requirements for developers and users of such systems.
  • Some systems that fall under this category include biometric identification and categorization of natural persons.
  • AI is used in healthcare, education, employment (recruitment), law enforcement, justice delivery systems, and tools that provide access to essential private and public services (including access to financial services such as loan approval systems).
  • The Act envisages establishing a EU­ wide database of high­risk AI systems and setting parameters so that future technologies or those under development can be included if they meet the high ­risk criteria.

6. What is the recent proposal on general-purpose AI like ChatGPT? 

  • As recently as February this year, general-purpose AI such as the language model­ based ChatGPT, used for a plethora of tasks from summarising concepts on the internet to serving up poems, news reports, and even a Colombian court judgment did not feature in the EU lawmakers’ Plans for regulating AI technologies.
  • The bloc’s 108­page proposal for the AI Act published two years earlier, included only one mention of the word “chatbot.”
  • By mid­April, however, members of the European Parliament were racing to update those rules to catch up with an explosion of interest in generative AI, which has provoked awe and anxiety since OpenAI unveiled ChatGPT six months ago.
  • Lawmakers now target the use of copyrighted material by companies deploying generative AI tools such as OpenAI’s ChatGPT or image generator Midjourney, as these tools train themselves from large sets of text and visual data on the internet.
  • They will have to disclose any copyrighted material used to develop their systems.

7. AI Governance in the USA and China

  • The rapidly evolving pace of AI development has led to diverging global views on how to regulate these technologies.
  • The U.S. currently does not have comprehensive AI regulation and has taken a fairly hands­off approach.
  • The Biden administration released a blueprint for an AI Bill of Rights (AIBoR).
  • Developed by the White House Office of Science and Technology Policy (OSTP), the AIBoR outlines the harms of AI to economic and civil rights and lays down five principles for mitigating these harms.
  • The blueprint, instead of a horizontal approach like the EU endorses a sector­ specific approach to AI governance, with policy interventions for individual sectors such as health, labor, and education, leaving it to sectoral federal agencies to come out with their plans.
  • On the other end of the spectrum, China over the last year came out with some of the world’s first nationally binding regulations targeting specific types of algorithms and AI.
  • It enacted a law to regulate recommendation algorithms with a focus on how they disseminate information.
For Prelims: Artificial Intelligence, Chat GPT, European law on artificial intelligence (AI), large language models (LLMs) like Generative Pretrained Transformer3 (GPT3) and 4 , EU’s 2018 General Data Protection Regulation (GDPR), AI Bill of Rights (AIBoR), and Office of Science and Technology Policy (OSTP).
For Mains: 1. What is the EU AI Act? Discuss Why should we regulate Artificial Intelligence?
 

Previous year Question

1. With the present state of development, Artificial Intelligence can effectively do which of the following? ( UPSC 2020)

1. Bring down electricity consumption in industrial units
2. Create meaningful short stories and songs
3. Disease diagnosis
4. Text-to-Speech Conversion
5. Wireless transmission of electrical energy
Select the correct answer using the code given below:
A. 1, 2, 3, and 5 only
B. 1, 3, and 4 only
C. 2, 4, and 5 only
D. 1, 2, 3, 4 and 5
Answer: B
Source: The Hindu

CRISPR

 
 
1. Context

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