Minding The Gaps in India's Data Infrastructure: A Case Against Judicial Recusal
Minding The Gaps in India's Data Infrastructure: A Case Against Judicial Recusal
Minding The Gaps in India's Data Infrastructure: A Case Against Judicial Recusal
10 EDITORIAL DELHI
Minding the gaps in India’s data infrastructure
The national discourse can illaff ord the danger of being hijacked by the poor quality of data
Prof. Tsui and Dr. Pramanik came combined with increased techno point in time, innovative research
to the same conclusion — that this logical needs of modern data col on the NSS was undertaken by an
GETTY IMAGES/ISTOCKPHOTO
Sonalde Desai Much of the data quality discus are going to rely on outside data techniques takes place in India.
sions in the past have erupted collectors, what do we need to do We know little about whether men
T
he Supreme Court’s decision to take over the
hearing of all pending cases relating to web con when politically sensitive results to ensure quality? Some of the in or women are better responders
L
ast week, demographers around topics such as GDP growth itiatives undertaken by the Minis for data on household consump
tent regulation, including the role of intermediar
from around the world gath rate or poverty rates have been re try of Statistics and Programme tion expenditure. Nor do we know
ies and the traceability of encrypted messages, is both a ered in Delhi to mark 25 leased and partisan bickering al Implementation for developing the extent of discrepancy in re
challenge and an opportunity. The Centre has informed years of National Family Health lows for little room to think about training programmes for investiga porting on employment data bet
the court that it intends to notify by January 2020 new Surveys (NFHS). It was both a cele data collection systems. A retros tors off er a welcome improvement ween a direct response from wo
guidelines for intermediaries, a term that covers the In bratory and sombre moment. Pol pective look at the way in which an NFHS4. At that time the National but stop far short of the radical men in the household vis-à-vis a
ternet and other online service providers and includes icymakers and researchers cele outstanding programme of re Statistical Commission had ex restructuring of data collection proxy response via the household
social media platforms. Even while transferring to itself brated tremendous achievements search such as the NFHS has pressed a concern that such an ex oversight. head. Do Likert scales that ask in
of four rounds of the NFHS since changed over time along with the pansion may reduce data quality. I have enormous empathy for dividuals to respond on their
related cases pending in diff erent High Courts, the
199293; these have provided data nation it chronicles, and emerging There was a fair amount of agree fi eld investigators. They work un health status in fi ve categories
court has rightly decided to hear them only after the on Indian families and allowed for challenges facing the NFHS and ment among the participants at der diffi cult conditions and are so work well in India or do Indian res
Centre notifi es its new guidelines for intermediaries. Af development and evaluation of other data collection eff orts pro the NFHS conference that this con metimes employed by forprofi t pondents avoid choosing extreme
ter all, it is for the executive to frame policy on this sen public policies regarding popula vide an opportunity to look at ov cern may have been prescient. agencies that require unrealistical categories? How does the pre
sitive matter, while the question whether social media tion, health, education and the erall challenges facing our data in The government’s need for dis ly high levels of output. Nonethe sence of other people bias res
need weeding out of objectionable content will ulti empowerment of women. It was frastructure in a constructive trictlevel estimates of various less, this is the data that guides the ponses on contraceptive use? And
mately require adjudication. The challenge before the also heartening to see the political manner. health and population parameters policies aff ecting millions of In does it have an equal impact on re
commitment towards ensuring the As Pravin Srivastava, Chief Sta is legitimate, but do we need to re dians and must be faithfully col ported pill use as it does on
government and the court is to fi nd a balance between
continuation of this outstanding tistician of India, noted at the ly on household surveys to obtain lected. Where interviewers make a sterilisation?
requiring access to the originators of encrypted content survey programme at regular and NFHS conference, there is an them? With a variety of small area mistake, they must be retrained. While research on data collec
and respecting individual privacy. It is also a unique op predictable intervals. Nonethe amazing greed for data in modern estimation techniques available Where agencies impose an unreal tion methods has stagnated, re
portunity to test the impact of the K.S. Puttaswamy ver less, a single concern permeated India. This greed ranges from for pooling data from diverse istic workload, they must be search methodologies have
dict (2017) on the proposed legal framework. The judg the twoday conference. Can In wanting to evaluate success of sources to obtain robust estimates checked. However, discovering changed phenomenally. Tele
ment had declared privacy as a fundamental right and dia’s existing data infrastructure Poshan Abhiyaan (nutrition pro at district level, it may make sense mistakes after data collection has phone surveys via random digit
laid down a proportionality standard to test the validity support high quality data collec gramme) to measuring changes in for us to think of alternatives and been completed is far too late to dialling or selection of respon
tion or are we staring at a precip the aspirational districts. Howev to make sure that we obtain re take any corrective steps. Concur dents using voter lists are increas
of restrictions on that right. The government has voiced
ice where deteriorating data quali er, he also noted that the once quired local government directory rent monitoring using technologi ingly emerging as lowcost ways of
concern about the threat posed by social media content ty will lead evidencebased policy vaunted Indian statistical infras identifi ers in each aspect of go callyenabled procedures such as collecting data. However, we know
to the democratic polity through fake news and hate development astray? tructure is crumbling and is not vernment data, including Census, random voice recording of inter little about representativeness of
speech, to the country’s security and sovereignty, as Presentations by Dr. Amy Tsui, able to fulfi l even its traditional sample registration system, and views, judicious back checks, and such samples. Are men or women
well as to society through undesirable online content Professor at Johns Hopkins Univer tasks, let alone meet these new de Ayushman Bharat payment sys evaluation of agency and inter more likely to respond to tele
such as child pornography and communal messaging. sity, and Dr. Santanu Pramanik, mands. tems to ensure that these data can viewer performance on parame phone surveys? Are migrants from
The Centre’s new draft of Intermediary Guidelines, Deputy Director, National Council be pooled and leveraged. ters such as skipping sections, in other States well represented on
originally issued in 2011, was made public last year, and of Applied Economic Research Being realistic consistent data and consistent the voter list?
(NCAER)National Data Innovation I would like to submit that every Ensuring quality misreporting may be needed to Unless we pay systematic atten
comments invited from all sections. The Ministry of
Centre, on contraceptive use high government over the past two de Second, adapt to changing institu ensure quality. Academician Dr. tion to the data infrastructure, we
Electronics and Information Technology has received lighted the diffi culties in obtaining cades has been complicit in this tional and technological environ Leela Visaria noted the declining are likely to have the national dis
numerous responses, and interministerial discussions reliable, high quality data. Bet neglect. If we are to move towards ment for data collection. Veterans role of State population research course hijacked by poor quality
have taken place. It is not yet known whether concerns ween 200506 and 201516, the to developing a more robust data in of the Indian statistical system centres in NFHS data collection. It data as has happened in the past
voiced by Internet freedom activists and social media tal fertility rate (TFR) declined frastructure, subscribing to the blame deteriorating data quality may be worth investigating if they with a measurement of poverty or
companies will be factored into the fi nal notifi cation. In from 2.68 to 2.18 births. However, following core principles may be a on the move from regular em can be involved in quality moni inconsistent data on GDP.
particular, the provisions on the mandatory disclosure instead of being accompanied by good start. First, set realistic goals ployees to contract investigators at toring.
increased contraceptive use, as and use creative strategies. In or the National Sample Survey and Sonalde Desai is Professor of Sociology,
of “originators” of off ending messages are a source of
would happen during normal cir der to obtain data at the district le use of forprofi t data collection Need for exclusive units University of Maryland and Professor and
worry to social media platforms that use endtoend en cumstances, contraceptive use al vel, the sample size grew from agencies in the NFHS. For better or Third, establish research units ex Centre Director, NCAER-National Data
cryption. Whether it is technologically feasible for the so declined from 56.3% to 53.5%. about one lakh households in worse, that train has left the sta clusively focused on data collec Innovation Centre. The views expressed
platforms to provide backdoor access to law enforce Using diff erent approaches, both NFHS3 to over six lakhs in tion. Rising government salaries tion and research design. At one are personal
ment is itself in doubt. While the government’s larger
A case against judicial recusal
concern about the use of messaging technology and the
potential for ‘virality’ of fake news and hatemongering
is quite valid, the threshold for law enforcing agencies
to seek a ‘key’ to unlock the encryption ought not to be
low. Vague appeals to ‘security’ and ‘sovereignty’, and
Despite the controversy, Justice Arun Mishra’s recusal is not in fact mandated by the law on judicial impartiality
a blanket claim of crime prevention contingency with going so far as to call it ‘per incu nions on legal issues they decide. unintuitive, it is not in fact prohi
out narrowly defi ned circumstances in which interme riam’. In essence, the quarrel is Indeed, such opinions are often bited under the common law. In
diaries should be obliged to help the agencies, can have this: having made his opinion on acknowledged as expertise and re deed, judges have often been per
a devastating eff ect on privacy. Other requirements the legal issue abundantly clear in warded through appointment to mitted to question the validity of
Indore Development Authority, specialised benches and tribunals. their own prior decisions — see,
GETTY IMAGES/ISTOCKPHOTO
such as proactive removal of off ending content through
should the judge still be allowed to It is only when such opinions ac for instance, the decisions in Sen-
automated tools may also come close to infringing free sit on a bench established to re quire a certain severity, such that gupta v. Holmes and JSC BTA Bank
Vanshaj Ravi Jain
speech and expression. The line between public inter consider the very same question? the judge closes their mind and re v. Ablyazov. The law recognises
est and individual rights should be thick and clear. fuses to be persuaded by reason, that judges can be, and often are,
O
ver the past week, the Su Issue of bias that the question of impartiality persuaded to change their opi
preme Court of India has Much of the writing that has arises. nions. Moreover, practically, the
Just in found itself increasingly
mired in criticism concerning the
emerged on this issue weighs in on
the side favouring recusal, includ going proceedings.
In the case of Justice Mishra,
this standard has not been met.
current proceedings are not for
mally an appeal but arise out of an
As he leads a minority govt in Canada, Trudeau recusal of Justice Arun Mishra. At ing an opinion piece published in Emerging out of the principles His opinion in Indore Development entirely distinct case. As such, the
should be wary of giving up on principles the heart of the fuss lies Section 24 an earlier edition of this paper. In of natural justice, the justifi cation Authority does not use uncompro situation is more akin to that of a
of the Right to Fair Compensation deed, the court itself acknow for the apparent bias test is fairly mising or injudicious language to judge being asked to decide a legal
T
he reelection in Monday’s federal polls challeng
and Transparency in Land Acqui ledged that social media posts and straightforward: that ‘justice must presage such a closing of the mind. issue they have ruled on in a prior
es Canadian Prime Minister Justin Trudeau to
sition, Rehabilitation and Resettle newspaper articles seemed to be not only be done but must be seen Even the fi nding of ‘per incuriam’ case: a matter that occurs fairly
pursue the ruling Liberal party’s core agenda on ment Act, 2013. In 2014, three pressuring the judge to step down. to be done’ to instil public confi was legally necessary to justify the routinely in our legal system.
race, refugees, gender and the environment — which se judges of the Court ruled on the Yet, it is not apparent why such an dence in the legal system. Yet, the departure from Pune Municipal A fi nal argument warrants con
cured him his fi rst term in 2015. Despite trailing behind construction of this provision in outcome is mandated by the com purpose of this test is not to dis Corporation. Nor does he have a sideration: since Justice Mishra’s
the Conservatives in opinion polls almost until election the Pune Municipal Corporation mon law rule on judicial impartial qualify judges on the slightest confi rmed history of deciding Sec presence on the Bench has proved
date, the incumbents have managed to regain voter case. In 2018, however, another ity. whiff of suspicion; rather, the alle tion 24 cases in a particular fash to be controversial, would it it be
trust, just enough to retain power. Short of at least 13 threejudge Bench of the Court de As noted by the Supreme Court gation of bias is only to succeed if it ion. There is, in fact, no evidence better to err on the side of caution
parted from their interpretation, in the NJAC judgment, a judge may convinces a reasonable, fullyin to indicate that Justice Mishra can and ask for his recusal? Decidedly
seats for a majority of 170 in the House of Commons, he
in the Indore Development Auth be required to step down in one of formed fairminded observer. In not be persuaded to change his not. Such a recusal would set a
will now depend on broadly leftofcentre parties as he ority decision. To resolve the con two scenarios: cases of presumed evitably, then, we must ask what mind on the interpretation of Sec dangerous precedent for future li
sets out to run a minority government. Among them is fl ict between these two judgments bias, where the judge has a pecuni such an observer might think of tion 24 through fresh arguments in tigants to cherrypick their bench
the New Democratic Party (NDP) of Jagmeet Singh with and provide an authoritative un ary interest in the outcome of a Justice Mishra’s predicament. To the current proceedings. es and coerce judges they fi nd un
24 seats, down 15, and the Greens with three. Having derstanding of Section 24, a fi ve case (extended, through the Pino this, it is submitted, there can only favourable into stepping down.
lost party status in 2015, the Bloc Québécois, rooted in judge Bench was constituted last chet judgment to other similar be one answer. Some precedents Such a position would severely un
Quebec’s sovereignty movement, has emerged as the week, led by Justice Mishra. Con nonpecuniary interests); or in An informed observer would be Some have argued that, because dermine the administration of jus
third largest. The electoral arithmetic would now com troversially, however, Justice Mis cases of apparent bias, where a expected to understand the func the current Bench will be indirect tice in the Indian legal system. It is,
hra also presided over the three reasonable, fairminded observer tioning of a judicial proceeding, ly ruling on the rectitude of the In- therefore, imperative that Justice
pel Mr. Trudeau to focus on building a consensus
judge Bench in Indore Develop- would believe there is a real possi which does not expect its judges to dore Development Authority judg Mishra be allowed to sit.
around common policies, mostly with smaller parties. ment Authority, penning an bility that the judge is biased. It is bring an empty mind to a case, but ment, Justice Mishra is, in eff ect,
All the same, as the government would necessarily rely opinion that strongly disagreed this latter test of apparent bias only an open one. Judges are per sitting on appeal over his own Vanshaj Ravi Jain is a DPhil candidate and
on support, depending on particular issues, the Liber with Pune Municipal Corporation, which has been invoked in the on mitted to have preexisting opi judgment. While this may sound Rhodes Scholar at the University of Oxford
als cannot discount the Conservatives, who command
121 seats and a higher vote share than the Liberals.
Monday’s verdict also aff ords Mr. Trudeau another
LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the full postal address and the full name or the name with initials.
chance to rebuild his tarnished domestic record of re
Crime snapshot ground realities better. It Schedule of the insidertrading raised at the need to prepare strong taken to the interior areas,
cent months. His government has made major strides
It is generally accepted in would also ensure that Constitution. However, his board level — is a bolt from policies and adopt them with meticulous planning.
in reducing child poverty, the introduction of a carbon India that most crimes monitoring of investigation idea to give direct taxation the blue to all stakeholders under their respective It provided an opportunity
tax and the legalisation of recreational cannabis. On the against women are not can be made more power to States may put including key investors mandate. Policy custodians to local players from small
world stage, his robust defence of globalisation and reported for various rigorous. low income and net out (‘Business’ page, “Infosys also need to work in towns to watch live the
multilateralism helped ease tensions during the 2018 reasons – family honour, Kosaraju Chandramouli, migrant States to relative starts probe into CEO’s tandem with governments cricketing skills of many a
Group of 7 nations gathering. More concrete were his public shame being prime. Hyderabad disadvantage — like Bihar conduct”, October 23). including the Ministry of Test cricket legend. Despite
eff orts to renegotiate the regional trade pact with the And there have been and Uttar Pradesh as There is now an urgent Corporate Aff airs, tax the popularity of the
instances of station house Fiscal relationship compared to say Tamil need to strengthen laws regulators and other shorter formats, Test
U.S. and Mexico. Nevertheless, young Canadian voters
offi cers either refusing to The writer (Editorial page, Nadu. It is rather better framed under the ambit of regulatory bodies such as matches are where the
felt in the poll runup that Mr. Trudeau had failed to live register crimes against “Firm steps to ease the levied and collected by the corporate governance to SEBI to formulate a simple technical skills of a player
up to his promise in his 2015 bid of “sunny ways” in pol women or discouraging the fi scal federalism tension”, Centre and appropriated by safeguard the interest of and convincing strategy for come to the fore, helping
itics. The perception grew following accusations that he victims from fi ling October 23) seems to be both Centre and States investors. The secretarial investors. The move will budding cricketers from the
had interfered with investigations into allegations of complaints — either to show exaggerating things when based on the Finance standards board, which has thus pacify investors and interiors to hone their
corruption by the engineering multinational SNCLava a “cleaner record: of the he says the Centre Commission’s framed boardroom other stakeholders having skills. It is also bizarre to
lin. Matters were made worse when Jody WilsonRay police station concerned or “intruded” into States’ recommendation. It also regulations for listed otherwise invested heavily compare India, a vast
for extraneous taxation power. Rather, the maintains horizontal fi scal companies, needs an in these companies through country, with other cricket
bould, the charismatic former Attorney General and
considerations. In reality, introduction of the Goods equity. overhaul to avoid such trading activity. playing countries, which
Justice Minister, was fi rst shifted and then dropped the NCRB data could be far and Services Tax was about Aparna Singh, repeated instances amid Varun Dambal, have limited venues to host
from the Liberal party. She has now won as an indepen below the actual rate due to giveandtake on both sides New Delhi public glare. The need to Bengaluru matches. If “crowd pulling”
dent. Mr. Trudeau’s defence in the Lavalin case that he unreported cases (Editorial, and was brought to life by innovate auditing is an issue, the BCCI can
was concerned about the risk to Canadian jobs may October 23). A system of a the collective intelligence Safeguarding investors standards, accounting Batting for fi ve issue tickets at subsidised
have struck a chord among trade unions. But that seem Statewise and centralised and will of both sides. He Corporate governance and principles and the board Restricting Test matches to rates or even a free entry to
ingly lopsided logic could have done little good to his online registration of may be justifi ed in his transparency act as one of level framework is the need fi ve selected centres, if selected groups; anyway
crimes against women and anguish about carrving the the key core values for a of the hour by policy taken seriously, would be a the cricketing body gets
genderinclusive credentials. With their fresh mandate,
in turn the Central defence expenditure fund public listed company to custodians. Hence relevant retrograde move (‘Sport’ huge revenue from other
the Liberals ought to rethink their general stance in or authority forwarding these from 48% shared revenue evolve in a competitive stakeholders and principal page, “Kohli bats for select formats of the game.
der to live down their image as those who alltooeasily complaints to respective with States, rather than the market especially in India. custodians, namely CAs test venues”, October 23). V. Subramanian,
sacrifi ce principles. Leading a minority government, police stations for Union’s share of 52%, as The recent whistleblower and company secretaries Over the past few decades, Chennai
CM M ND-NDE
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