From UPSC perspective, the following things are important :
Prelims level: Agarwood
Why in the News?
India successfully prevented the inclusion of Aquilaria malaccensis (agarwood) in the Review of Significant Trade (RST) of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
CITES notified a new export quota for Aquilaria malaccensis from India, effective April 2024.
What is Agarwood?
Agarwood (the Wood of Gods) also known as “Oud,” is a highly valuable and aromatic resinous wood produced by the Aquilaria tree.
The resin forms in the heartwood of the tree when it becomes infected with a particular type of mold (Phialophora parasitica).
This infection causes the tree to produce a dark, fragrant resin, which is highly sought after for its distinctive aroma.
This contains essential oils with compounds like sesquiterpenes, chromones, and phenylethyl chromone derivatives.
It thrives in tropical forests, at altitudes up to 1000 meters, often found in areas with high humidity and rainfall.
Conservation Status:
IUCN Status: Listed as Critically Endangered.
CITES: Listed in Appendix II in 1995 based on India’s proposal at CoP9 in 1994.
Uses of Agarwood
It is traditionally used as incense.
Extracts (agarwood oil) are used in perfumes, the aroma industry, medicine, air fresheners, and purifiers.
Essential oil has anti-inflammatory, anti-rheumatic, analgesic, and anti-oxidant properties.
Agarwood cultivation is prevalent in parts of India, especially in the Northeast.
This development will benefit lakhs of farmers in districts of Assam, Manipur, Nagaland, and Tripura.
What is the issue over the inclusion of ‘Agarwood’ (Aquilaria malaccensis) in the RST of the CITES list?
Aquilaria malaccensis was listed in Appendix II of CITES in 1995, which means its trade is controlled to avoid utilization incompatible with its survival.
The RST process assesses whether trade in a species is detrimental to its survival and recommends actions to ensure sustainability.
India’s stance was supported by a study conducted by the Botanical Survey of India (BSI), which suggested that the harvest from wild populations should be prohibited, while allowing harvest from plantations and private/community lands.
Arguments against Inclusion in RST
Controlled Harvesting: India argued that it has established controlled harvesting practices, ensuring that only cultivated agarwood is used for trade.
Economic Impact: Inclusion in the RST could have disrupted the livelihoods of farmers and traders who depend on agarwood cultivation, particularly in the northeastern states of Assam, Manipur, Nagaland, and Tripura.
Sustainable Practices: The NDF indicated that the current practices in India were sustainable and that the species was being cultivated widely, reducing pressure on wild populations.
New Export Quota
Establishment of Quota: CITES notified a new export quota for agarwood from India, effective from April 2024. The quota was set at 1,51,080 kg/year for agarwood chips and powder/sawdust, and 7,050 kg/year for agarwood oil.
Formal Trade: The absence of an export quota for a long period had led to informal trade and increased prices. The new quota aims to regulate and legalize the trade, ensuring benefits to local growers and the economy.
[2016] With reference to ‘Red Sanders’, sometimes seen in the news, consider the following statements:
1. It is a tree species found in a part of South India.
2. It is one of the most important trees in the tropical rainforest areas of South India.
Which of the statements given above is /are correct?
From UPSC perspective, the following things are important :
Prelims level: Shift in snowfall patterns in Himachal, Rivers and glaciers located
Why in the News?
Himachal Pradesh is experiencing a reducing snow cover over the years.
There is a noticeable shift in snowfall occurrence from winter months towards early summer months.
Findings from the Latest Study:
The study by the Centre on Climate Change of Himachal Pradesh Council for Science Technology-Environment (HIMCOSTE) shows an overall decrease of 12.72% in snow cover area in 2023-24 compared to 2022-23.
The study used Advanced Wide Field Sensor (AWiFS) satellite data to analyze snow cover trends.
Early winter months (October-November) showed a decrease in snow cover area except for the Ravi basin, which showed a marginal increase in October.
Peak winter months (December-January) saw a negative trend in snow cover area.
Late winter months (February-March) showed a positive trend with an increase in snow cover area in all basins compared to the previous year.
Snow cover area increased in April due to fresh snowfall in the early summer period.
Impact on Water Availability
The decrease in snow cover during peak winter months (December and January) is especially alarming.
Snowfall during these months sustains longer and enhances the discharge dependability of major river basins during summer.
Reduced snow cover in winter could affect water availability during the summer months.
Concerns and Implications
Environmentalists and scientists are concerned about the shifting snowfall patterns.
Depleting snow cover and changing snowfall patterns have significant impacts on hydro-power, water sources, people, livestock, forests, farms, and infrastructure.
Back2Basics: Rivers of Himachal Pradesh
Description
Satluj
Originating from Rakas Lake in Tibet, the Satluj River is the longest river in Himachal Pradesh.
It flows through the districts of Kinnaur, Shimla, Kullu, Mandi, Solan, and Bilaspur, and enters Punjab near Nangal.
The river is crucial for hydropower generation and irrigation.
Prelims Only | Polity | Mains Paper 2: Indian Constitution - historical underpinnings, evolution, features, amendments, significant provisions and basic structure
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Appointment of Governors
Why in the News?
President Droupadi Murmu has appointed six new Governors and reshuffled three others.
New appointments:
Name
New Position
Om Mathur
Governor of Sikkim
K. Kailashnathan
Lieutenant Governor of Puducherry
Santosh Kumar Gangwar
Governor of Jharkhand
Jishnu Dev Varma
Governor of Telangana
Ramen Deka
Governor of Chhattisgarh
C.H. Vijayashankar
Governor of Meghalaya
Haribhau Kisanrao Bagde
Governor of Rajasthan
About the Office of Governor and his/her Appointment
Details
Role
Constitutional head of a state, similar to the President at the central level.
Exists in states, while lieutenant governors and administrators are in union territories.
Independent constitutional office, not subordinate to Central government.
Articles
Articles 153 to 167 in Part VI of the Constitution deal with the state executive
Part of State Executive
Consists of the Governor, Chief Minister, Council of Ministers, and Advocate General
Borrowed Office
From the Government of India Act of 1935.
Canadian model adopted: Governor appointed by President by warrant under his hand and seal.
Dual Role
Chief executive Head of the States (nominal).
Agent of the central government.
Qualifications
Constitutional: Citizen of India, 35+ years old.
Conventional: Outsider to the state, President consults the Chief Minister.
Oath
Administered by the Chief Justice of the state High Court (or senior-most judge available)
Swears to execute office faithfully, preserve the Constitution, and serve the people
Term of Office
No fixed term, holds office for 5 years subject to President’s pleasure
Eligible for reappointment.
Can be transferred or hold office beyond term until successor assumes charge
Removal
Can resign by addressing the President
Can be removed by the President at any time without specified grounds
Chief Justice of state high court may temporarily discharge functions in contingencies
Additional Functions
Acts on advice of Chief Minister and Council of Ministers
Holds executive power, legislative power (to some extent), and discretionary power
Functions as Chancellor of state universities, where applicable
Reforms stipulated by Sarkaria Commission (1988)
Governor should be appointed by the President after consulting the Chief Minister.
Should be a person of eminence, not belonging to the state.
Should not be removed before term completion except in rare circumstances.
Act as a bridge between the center and state.
Exercise discretionary powers judiciously.
PYQ:
[2013] Which one of the following statements is correct?
(a) In India, the same person cannot be appointed as Governor for two or more States at the same time
(b) The Judges of the High Court in India are appointed by the Governor of the State just as the Judges of the Supreme Court are appointed by the President
(c) No procedure has been laid down in the Constitution of India for the removal of a Governor from his/her post
(d) In the case of a Union Territory having a legislative setup, the Chief Minister is appointed by the Lt. Governor on the basis of majority support.
From UPSC perspective, the following things are important :
Prelims level: Indexation, Capital Gains Tax Regime.
Why in the News?
The withdrawal of theindexation benefit from the long-term capital gains (LTCG) tax regime has emerged as a contentious decision in the Union Budget for 2024-25.
What is Indexation?
Indexation is a method used to adjust the purchase price of an asset to account for inflation over the period it was held.
This reduces the taxable capital gain, as it reflects the increase in the asset’s value due to inflation.
Purpose: To ensure that the taxpayers are taxed only on the real gains and not on the inflationary increase in the value of the asset.
Changes in the LTCG Regime
The new LTCG regime removes the indexation benefit for property, gold, and other unlisted assets.
The LTCG tax rate is reduced from 20% to 12.5%.
For assets purchased before 2001, the fair market value as of April 1, 2001, is considered the cost of acquisition.
Implications of the Changes
The government claims the changes simplify the capital gains tax structure without causing a loss to most taxpayers.
The uniform tax rate for various asset classes is intended to benefit both taxpayers and tax authorities.
Concerns for Taxpayers
There was significant concern, particularly in the residential real estate sector, about increased LTCG tax liabilities.
The government clarified that the new regime would be beneficial in most cases, as real estate returns typically outpace inflation.
The Income Tax Department explained that:
For properties held for 5 years, the new regime is beneficial if the value has appreciated 1.7 times or more, and
For 10 years, if the value has increased to 2.4 times or more.
Back2Basics:Capital Gains Tax Overview
Details
Definition
Tax on profit from the sale of a capital asset.
Launch
Introduced in 1956, as part of the Income Tax Act, 1961.
Types
Short-Term Capital Gains (STCG): Held for ≤36 months (≤12 months for specified assets).
Long-Term Capital Gains (LTCG): Held for >36 months (>12 months for specified assets).
Tax Rates (STCG)
With STT: 15%
Without STT: Applicable income tax slab rates.
Tax Rates (LTCG)
Listed Equity Shares & Equity-Oriented Funds: 10% on gains >₹1 lakh without indexation.
Other Assets: 20% with indexation (proposed 12.5% without indexation from FY 24-25).
Indexation
Adjusts purchase price for inflation using Cost Inflation Index (CII).
Purpose of Indexation
To tax only the real gains, accounting for inflation.
Formula (Indexation)
Indexed Cost of Acquisition: (Cost of Acquisition × CII of sale year) / CII of purchase year
Indexed Cost of Improvement: (Cost of Improvement × CII of sale year) / CII of improvement year
PYQ:
[2012] Under which of the following circumstances may ‘capital gains’ arise?
1. When there is an increase in the sales of a product
2. When there is a natural increase in the value of the property owned
3. When you purchase a painting and there is a growth in its value due to increase in its popularity
Select the correct answer using the codes given below:
From UPSC perspective, the following things are important :
Prelims level: Legislation related to AI
Mains level: Why Emissions are higher due to data centres?
Why in the News?
Google is in the news due to its recent annual environment report, which revealed a 13% increase in its emissions footprint for 2023 compared to the previous year.
Why Emissions are higher?
Increased Electricity Consumption: Google reported a 13% increase in its emissions footprint in 2023, primarily due to a 17% rise in electricity consumption in its data centres.
Energy-Intensive AI Operations: AI models require significantly more computational power than traditional searches, leading to higher energy consumption. For instance, a single AI query can use 10 to 33 times more energy than a standard Google search.
Cooling Demands: The increased workload from AI operations generates more heat, necessitating stronger cooling systems in data centers leading to a high demand of water.
Indian Scenario
Growing Demand for Data Centers: As AI and data center deployment increases in India, the environmental impact, particularly in terms of electricity and water consumption, is expected to rise.
Water Resource Strain: Data centers require significant water for cooling. For example, a data center serving OpenAI’s GPT-4 model reportedly consumed 6% of its district’s water supply in Iowa, highlighting there could be potential challenges in water-scarce regions like India.
Need for Sustainable Practices: The experts advise the importance of planning AI and data center expansion in India to minimize environmental impacts. Companies must adopt efficient processes to reduce their emissions footprint.
The initiative taken by Govt to regulate AI
National Strategy for Artificial Intelligence: In 2018, NITI Aayog released a discussion paper outlining India’s National Strategy for AI.
Draft Personal Data Protection Bill: The Ministry of Electronics and Information Technology (MeitY) released a draft Personal Data Protection Bill in 2019 which had provisions related to data used for AI systems.
Ethical AI Principles: In 2021, the Ministry of Electronics and Information Technology (MeitY) released a set of “Ethical AI Principles” as part of India’s AI governance framework
Regulatory Sandbox for AI: The Reserve Bank of India (RBI) has created a regulatory sandbox to test AI applications in the financial sector.
AI Skilling and Research: The government has launched initiatives like the National AI Portal, AI Hackathons, and AI Research, Analytics and Knowledge Assimilation (AIRAWAT) to promote AI research and skills in the country.
Alternatives for Government Action (Way Forward)
Promote Energy Efficiency: The government can encourage data centers to adopt energy-efficient technologies and practices. This includes optimizing cooling systems and utilizing renewable energy sources to power operations.
Regulatory Framework: Need to implement regulations that require data centres to report their energy and water consumption can help monitor and manage their environmental impact.
Investment in Renewable Energy: The government should promote the use of renewable energy sources, such as solar and wind, to power data centers.
Research and Development: Government should support R&D in sustainable AI technologies and energy-efficient data processing can help mitigate the environmental impact of AI deployment.
Public Awareness Campaigns: The need to educate businesses and the public about the environmental impacts of AI and data centres can foster more sustainable practices and encourage responsible usage of technology.
Mains PYQ:
Q The emergence of the Fourth Industrial Revolution (Digital Revolution) has initiated e-Governance as an integral part of government”. Discuss (UPSC IAS/2020)
From UPSC perspective, the following things are important :
Prelims level: About BIMSTEC
Mains level: Importance of Strengthening Eastern Ties
Why in the news?
India hosted the 2nd BIMSTEC Foreign Ministers’ Retreat in New Delhi, creating an informal forum to enhance regional cooperation in security, connectivity, trade, and investment in the Bay of Bengal
About BIMSTEC:
BIMSTEC, or the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation, is a regional organization established in June 1997.
seven countries: India, Bangladesh, Bhutan, Myanmar, Nepal, Sri Lanka, and Thailand.
It aims to foster multifaceted cooperation across various sectors, including security, connectivity, trade, and investment, particularly in the Bay of Bengal region.
Importance of Strengthening Eastern Ties
Regional Stability and Security: The growing presence of China in the Bay of Bengal is perceived as a potential threat to regional stability. By strengthening ties with countries like Bangladesh and Myanmar, India aims to reinforce its position as a preferred security partner in the region.
Economic Development: Enhanced relations with eastern neighbors facilitate India’s access to essential maritime routes, particularly for its landlocked northeastern states.
Indo-Pacific Strategy: Improved relations with Myanmar and Thailand are integral to India’s broader Indo-Pacific strategy. These countries are key members of ASEAN, which India considers central to its vision for the region.
Strengthening ties can enhance India’s influence and presence in the Indo-Pacific, aligning with its “Act East Policy” and “Neighbourhood First” approach.
Major Components of the Retreat
The 2nd BIMSTEC Foreign Ministers’ Retreat was structured into two main segments:
Assessment of Regional Cooperation: The first part focused on evaluating the current state of cooperation within BIMSTEC, building on outcomes from the previous retreat.
Member states discussed various initiatives, including the establishment of Centers of Excellence in areas like Agriculture and Maritime Transport, and emphasized the importance of private sector involvement in trade and entrepreneurship.
Expectations for the Upcoming Summit: The second segment involved discussions on each country’s expectations for the upcoming summit.
Key proposals included mapping mineral resources, promoting the Blue Economy,enhancing tourism and cultural exchanges.
Bilateral merits
India-Myanmar Concerns: Mr. Jaishankar addressed issues with Myanmar regarding the flow of displaced persons, narcotics, and arms across the border, and urged the return of unlawfully detained Indian nationals.
India-Bangladesh Cooperation: In his meeting with the Bangladesh Foreign Minister, Mr. Jaishankar was requested to ensure the smooth supply of daily essentials and send a technical team for the Teesta project, signifying efforts towards resolving long-pending concerns.
Way forward:
Enhance Security Collaboration: Need to prioritize discussions on security cooperation among BIMSTEC members, particularly in countering transnational crimes such as narcotics and arms trafficking.
Develop Connectivity Projects: Indian government should expedite the implementation of connectivity projects, such as the India-Myanmar-Thailand trilateral highway, to facilitate trade and movement. This will not only enhance economic ties but also improve regional stability.
Mains PYQ:
Q Do you think that BIMSTEC is a parallel organisation like the SAARC? Waht are the similarities and dissimilarities between the two? How are Indian foreign policy objectives realized by forming this new organisation? (2022)
From UPSC perspective, the following things are important :
Prelims level: Location of Manila Bay
Mains level: Impact of oil spill on environment
Why in the news?
Typhoon Gaemi caused widespread damage in Taiwan, the Philippines, and southeastern China, leading to the sinking of the oil tanker MT Terra Nova in Manila Bay.
MT Terra Nova Incident
The MT Terra Nova, an oil tanker, capsized in Manila Bay due to severe weather conditions caused by Typhoon Gaemi. It was en route to Iloilo, Philippines, when it sank, resulting in one crew member’s death and the rescue of 16 others.
The sinking of the MT Terra Nova has raised alarms about a potential oil spill that could become the largest in Philippine history, threatening marine life and coastal ecosystems. The spill has already spread several kilometers, prompting urgent containment efforts.
The Philippines’ Coast Guard and other agencies are deploying containment booms and skimmers to mitigate the environmental damage. Booms are used to slow the spread of oil, while skimmers are boats that remove oil from the water surface.
How Oil Spills impact the environment?
Immediate Effects on Marine Life: Oil spills disrupt photosynthesis in marine plants and phytoplankton, which are crucial for oxygen production. The toxic exposure from oil can harm fish and other marine animals, particularly those near the surface.
Impact on Birds: Oil can coat the feathers of birds, compromising their insulation and leading to hypothermia and drowning.
Long-term Ecological Damage: Oil spills can result in bioaccumulation of toxic substances in the food chain, affecting higher-level predators, including humans.
Threat to Coastal Ecosystems: Coastal habitats like mangroves, coral reefs, and marshlands are especially vulnerable, as oil can suffocate these environments and kill vital plants and animals. Recovery from spills can take decades, with some species facing extinction.
Economic Impact: Communities that rely on fishing and tourism suffer economically due to oil spills, as cleanup efforts are costly and lengthy, diverting resources from other critical areas.
Major Oil Spills from the Past
Exxon Valdez Spill (1989): One of the worst oil spills, it released approximately 11 million gallons of crude oil into Prince William Sound, killing an estimated 250,000 seabirds, 2,800 sea otters, and numerous other marine animals.
Deepwater Horizon Disaster (2010): This incident saw an estimated 210 million gallons of oil spill into the Gulf of Mexico over 87 days.
Conclusion: Need to implement advanced containment measures and cleanup technologies to effectively manage oil spills. This includes deploying more sophisticated skimmers and absorbent materials, as well as utilizing drones and remote sensing to monitor the spread of oil and assess environmental damage.
From UPSC perspective, the following things are important :
Prelims level: About NATO
Mains level: Security Issues with European Countries and US Support
Why in the news?
When Donald Trump suggested during the 2016 presidential campaign that he might not honor the U.S. commitment to defend NATO allies if attacked, it alarmed the trans-Atlantic alliance.
NATO country member’s flags flutter at the bloc’s headquarters in Brussels
NATO’s Structure and Membership: NATO, established in 1949, comprises 31 member countries, including the United States, Canada, and various European nations. The alliance was formed to ensure collective defence against potential threats, particularly from the Soviet Union during the Cold War.
The flags of these member countries flutter at NATO’s headquarters in Brussels, symbolising unity and cooperation.
Evolving Role of European Nations: In light of recent geopolitical challenges, particularly Russia’s invasion of Ukraine, European leaders recognize the need to take on greater responsibility for their own defense.
This shift is partly a response to the U.S. focus on other global threats, such as China, and the changing dynamics within NATO
Security issues with European Countries and US support:
European Acknowledgement: European leaders recognize the need to evolve NATO to meet 21st-century challenges and are prepared to take on more responsibility for their defense.
US Military Support: Mr Trump’s presidency highlighted that US military support is not guaranteed, prompting Europe to reconsider its security strategies.
Threats from Russia and China: Russia’s invasion of Ukraine and the US’s focus on China’s expansion in the Asia-Pacific, as well as Iran and North Korea, underscore the need for Europe to enhance its own security measures.
NATO’s Evolution: European nations must increase their defense spending and capabilities, including troop numbers, equipment upgrades, and countering technological threats.
A wake-up call for all:
Trump’s “America First” Rhetoric: Trump’s suggestion that the US might not honour its NATO commitments triggered the alarm and a reevaluation of NATO’s future.
Increased European Defense Spending: European NATO members have significantly increased their defense spending commitments, with 23 out of 31 non-US members meeting or exceeding the 2% GDP target, up from just three members ten years ago.
EU Defense Industry Boost: The EU is planning to enhance its defense industry, with calls for more independence in airspace defence and relocating production to Europe, especially in response to the threat posed by Russia’s actions in Ukraine.
Conclusion: European NATO members should continue to enhance their defense spending, focusing on upgrading military equipment, increasing troop numbers, and improving technological capabilities to counter both conventional and emerging threats such as cyber warfare and foreign interference.
Mains PYQ:
Q The new tri-nation partnership AUKUS is aimed at countering China’s ambitions in the Indo-Pacific region. Is it going to supersede the existing partnerships in the region? Discuss the strength and impact of AUKUS in the present scenario. (UPSC IAS/2021)
From UPSC perspective, the following things are important :
Prelims level: Collegium System
Why in the News?
The Union government has said that 219 proposals for the appointment of High Court judges by the Collegium are in various stages of processing.
What is Collegium System?
The collegium system is the method used for the appointment and transfer of judges in the Supreme Court and High Courts of India.
It is the Indian Supreme Court’s invention.
The term ‘Collegium’ does not find mention in the Constitution.
Constitutional Provisions:
Article 124: The President appoints the Chief Justice and other judges of the Supreme Court after consultations with judges of the Supreme Court and High Courts as deemed necessary.
Article 217: The President appoints High Court judges after consultations with the Chief Justice of India, the Governor of the state, and the Chief Justice of the High Court concerned
Composition:
Supreme Court Collegium:
A five-member body.
Headed by the Chief Justice of India (CJI).
Includes the four other senior most judges of the Supreme Court at that time.
High Court Collegium:
Led by the Chief Justice of the respective High Court.
Includes the two senior most judges of that High Court.
Recommendations for appointments by a High Court collegium are sent to the government only after approval by the CJI and the Supreme Court collegium.
Evolution: Three Judges Cases
First Judges Case (1981) ruled that the “consultation” with the CJI in the matter of appointments must be full and effective.
The Supreme Court, in a majority decision, held that the opinion of the Chief Justice of India is not binding on the executive in the matter of appointments and transfers of judges. The court ruled that the executive has primacy in judicial appointments.
Second Judges Case (1993) introduced the Collegium system, holding that “consultation” really meant “concurrence”.
The Supreme Court, by a majority of 7:2, overruled the First Judges Case and held that the CJI’s opinion regarding judicial appointments and transfers should be given primacy.
The court established that the CJI should consult with the two senior-most judges of the Supreme Court before making recommendations for appointments and transfers, thereby creating a collegium system.
Third Judges Case (1998): On a Presidential Reference for its opinion, the Supreme Court, in the Third Judges Case (1998) expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues.
The procedure followed by the Collegium:
Appointment of CJI
The President of India appoints the CJI and the other SC judges.
As far as the CJI is concerned, the outgoing CJI recommends his successor.
In practice, it has been strictly by seniority ever since the supersession controversy of the 1970s.
The Union Law Minister forwards the recommendation to the PM who, in turn, advises the President.
Other SC Judges:
For other judges of the top court, the proposal is initiated by the CJI.
The CJI consults the rest of the Collegium members, as well as the senior-most judge of the court hailing from the High Court to which the recommended person belongs.
The consultees must record their opinions in writing and it should form part of the file.
The Collegium sends the recommendation to the Law Minister, who forwards it to the Prime Minister to advise the President.
For High Courts:
The CJs of High Courts are appointed as per the policy of having Chief Justices from outside the respective States. The Collegium takes the call on the elevation.
High Court judges are recommended by a Collegium comprising the CJI and two senior-most judges.
The proposal, however, is initiated by the Chief Justice of the High Court concerned in consultation with two senior-most colleagues.
The recommendation is sent to the Chief Minister, who advises the Governor to send the proposal to the Union Law Minister.
Qualifications for Appointment as a Supreme Court Judge:
According to Article 124(3) of the Constitution, a person can be appointed as a judge of the Supreme Court if he or she:
Is a citizen of India.
Has served as a judge of a High Court for at least five years or in two such courts in succession.
Alternatively, has been an advocate of a High Court for at least ten years or in two or more such courts in succession.
Is a distinguished jurist in the opinion of the President.
Qualifications for Appointment as a High Court Judge:
The person must have held a judicial office for at least 10 years in India, or
Must have been a practising advocate in a High Court for at least 10 years.
The person must be enrolled under the Bar Council of India.
PYQ:
[2012] What is the provision to safeguard the autonomy of the Supreme Court of India?
While appointing the Supreme Court Judges, the President of India has to consult the Chief Justice of India.
The Supreme Court Judges can be removed by the Chief Justice of India only.
The salaries of the Judges are charged on the Consolidated Fund of India to which the legislature does not have to vote.
All appointments of officers and staffs of the Supreme Court of India are made by the Government only after consulting the Chief Justice of India.
Which of the statements given above is/are correct?
From UPSC perspective, the following things are important :
Prelims level: Paris Olympics
Why in the News?
The Paris Olympics has began and will run from July 26 to August 11, 2024.
Some lesser known facts about Olympics:
The Olympic Games originated in ancient Greece in 776 BC in Olympia.
Held every 4 years, they featured athletic competitions among representatives of various city-states.
The modern Olympics were revived byBaron Pierre de Coubertin of France.
The first modern Olympic Games were held in Athens, Greece, in 1896.
The Olympic Rings represent the union of the 5 inhabited continents (Africa, Americas, Asia, Europe, and Oceania).
The Winter Olympics were introduced in 1924 in Chamonix, France and it features sports practiced on snow and ice, like skiing, ice skating, and ice hockey.
The Olympic Torch Relay was introduced in the 1936Berlin Games.
The number of participating countries has grown from 14 in the 1896 Games to over 200 in recent editions.
Women were first allowed to compete in the 1900 Paris Olympics.
The Paralympics, for athletes with disabilities, were first held in Rome in 1960.
About Paris Olympics
The Paris Olympics, officially known as the Games of the XXXIII Olympiad, will be held in Paris, France.
This event, commonly referred to as the 2024 Summer Olympics, is an international multi-sport competition featuring athletes from around the world.
From UPSC perspective, the following things are important :
Prelims level: Charaideo Moidam, UNESCO World Heritages
Why in the News?
The Charaideo Moidams, a unique 700-year-old mound-burial system of the Ahom dynasty from Assam, has been added to the UNESCO World Heritage List.
About Charaideo Moidams
The Charaideo moidams represents the late medieval(13th-19th century CE) mound burial tradition of the Tai Ahom community in Assam.
Charaideo, more than 400 km east of Guwahati, was the first capital of the Ahom dynasty founded by Chao Lung Sukaphaa in 1253.
The Ahoms preferred to place the deceased family members at Charaideo where the first king Sukapha was laid to rest.
The historical chronicles inform that wives, attendants, pet animals and huge quantity of valuables were buried with the departed kings.
After 18th century, the Ahom rulers adopted the Hindumethod of cremation and began entombing the cremated bones and ashes in a Maidam at Charaideo.
Out of 386 Maidams explored so far, 90 royal burials at Charaideo are the best preserved, representative of and the most complete examples of mound burial tradition of the Ahoms.
Architecture details:
Architecturally it comprises a massive underground vault with one or more chambers having domical superstructure.
It is covered by a heap of earthen mound and externally it appears a hemispherical mound.
At the top of the mound, a small open pavilion chow-chali is provided.
An octagonal dwarf wall encloses whole maidam.
Significance of this addition:
Moidams has become the 43rd property from India to be included in the UNESCO List.
India now stands at the 6th position globally for the most number of World Heritage Properties.
The Moidams are the first site from the North East to be recognized as a World Heritage Site in the cultural category.
Assam has 2 other World Heritage Sites in the natural category: Kaziranga National Park and Manas National Park, both upgraded to tiger reserves.
Who were the Ahoms?
The Ahom, also known as the Tai-Ahom, are an ethnic group from Assam and Arunachal Pradesh in India.
This ethnic group is made up of interbred descendants of the Tai people, who first came to Assam’s Brahmaputra valley in 1228, and indigenous people who later joined them.
The current Ahom people and culture are a mix of the ancient Tai people and culture, as well as indigenous Tibeto-Burman people and cultures that they assimilated in Assam.
Sukaphaa, the Tai group’s leader, and his 9000 supporters founded the Ahom empire (1228–1826 CE), which ruled over part of modern-day Assam’s Brahmaputra Valley until 1826.
It retained sovereignty for 600 years until annexed by British India in 1826 (Treaty of Yandaboo).
Lachit Borphukan (1622-1672) is the most celebrated ruler of Ahom Dynasty.
Back2Basics:UNESCOWorld Heritage Sites
Aspect
Details
Definition
Sites of outstanding cultural or natural value to humanity, are protected under the UNESCO Convention of 1972.
Classification
Cultural Heritage Sites: Historic buildings, archaeological sites, monumental sculptures/paintings.
Explained | Polity | Mains Paper 2: Indian Constitution - historical underpinnings, evolution, features, amendments, significant provisions and basic structure
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Mines and Minerals (Development and Regulation) Act of 1957 (MMDR Act);
Mains level: Design of power between Union and state;
Why in the News?
The Supreme Court delivered a significant 8:1 judgment affirming that State Legislatures have the power to tax mining lands and quarries, independent of the Parliament’s Mines and Minerals (Development and Regulation) Act of 1957 (MMDR Act).
About the verdict given by SC
Judgment Overview: The majority opinion, authored by Chief Justice D.Y. Chandrachud, stated that states derive their taxing authority from Article 246 and Entry 49 of the State List, which pertains to taxation on lands and buildings.
Distinction Between Tax and Royalty: The Court clarified that royalty paid for mining leases is not considered a tax.
Royalty is viewed as a contractual obligation between the mining lessee and the lessor, thus not subject to the same regulatory framework as taxes.
Parliamentary Limitations: The judgment emphasised that the MMDR Act cannot impose limitations on state taxation powers regarding mines and quarries. The Court rejected the argument that Entry 50 of the State List allowed Parliament to impose restrictions on state taxes related to mineral rights.
Dissenting Opinion: Justice B.V. Nagarathna provided a dissenting opinion, cautioning that allowing states to tax under Entry 49 could lead to double taxation and undermine the specific provisions of Entry 50.
About the Mines and Minerals (Development and Regulation) Act of 1957
The MMDR Act was enacted to regulate the mining sector in India, ensuring the development and conservation of minerals while balancing the interests of the state and the public.
The Act provides a comprehensive framework for the licensing and regulation of mines, including provisions for the fixation of royalties on mineral extraction.
The Act has been a point of contention regarding the extent of state powers to impose taxes on mineral rights, with arguments that it limits state legislative competence in this area.
The Supreme Court’s recent ruling clarifies that the MMDR Act does not restrict state powers to tax mineral rights, thus resolving conflicts arising from previous interpretations of the Act.
On the division of the power
Constitutional Framework: The Constitution of India delineates the distribution of powers between the Centre and the States through the Seventh Schedule, which includes the State List and the Union List.
Entry 49 and Entry 50: Entry 49 allows states to levy taxes on lands and buildings, while Entry 50 pertains specifically to taxes on mineral rights, subject to limitations imposed by Parliament.
Judicial Clarity: The Supreme Court’s judgment clarifies that states can exercise their taxing powers under both Entries 49 and 50 without interference from the MMDR Act, reinforcing the states’ authority over local resources.
Conclusion: The Supreme Court’s ruling affirms that states can tax mining lands independently of the MMDR Act, highlighting their authority under Article 246 and Entry 49, despite dissenting concerns about double taxation.
Mains PYQ:
Q Though the federal principle is dominant in our Constitution and that priniciple is one of its basic features, but it is equally true that federalism under the Indian Constitution leans in favour of a strong Centre, a feature that militates against the concept of strong federalism. 15M
Mains level: Factors Contribute to the Persistence of Illegal Coal Mining;
Why in the News?
On July 13, three workers died of asphyxiation inside an illegal coal mine in Gujarat’s Surendranagar district.
How Prevalent is Illegal Coal Mining in India?
Illegal coal mining has led to multiple fatalities, including recent incidents in Gujarat, Jharkhand, and West Bengal, highlighting its prevalence and dangers.
There are 10 workers who have died in illegal mining incidents in Gujarat alone this year, showcasing the ongoing risks associated with this activity.
Illegal mining is often conducted in abandoned mines or shallow coal seams, particularly in remote areas, where monitoring and enforcement of regulations are weak.
What are the Legal Frameworks Governing Coal Mining in India?
Coal Mines (Nationalisation) Act, 1973: This act nationalized coal mining in India, regulating who can mine coal and under what conditions.
Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act): This central legislation governs the mining sector, detailing processes for acquiring mining licenses and regulating mining activities. It empowers state governments to frame rules to prevent illegal mining.
While the MMDR Act provides a framework, the enforcement and regulation of illegal mining fall under state jurisdiction.
Why is the Responsibility for Addressing Illegal Mining Placed on State Governments?
Law and Order Issue: Illegal mining is categorized as a law and order problem, which is a subject under the State List of the Constitution, making it the responsibility of state governments to address.
Limited Central Authority: The Union government often shifts the responsibility to state authorities, citing the decentralized nature of governance in matters of local enforcement and regulation.
What Factors Contribute to the Persistence of Illegal Coal Mining?
High Demand for Coal: With coal accounting for 55% of India’s energy needs, the high demand often exceeds legal supply leading to illegal mining activities.
Poverty and Unemployment: Many coal-rich areas are home to impoverished populations who resort to illegal mining as a source of livelihood due to limited job opportunities.
Weak Regulatory Enforcement: Inadequate monitoring and enforcement of mining regulations in remote areas allow illegal mining operations to flourish.
Political Patronage: Allegations of political leaders’ involvement in illegal mining operations complicate efforts to curb these activities, as seen in various states.
What Safety Risks Do Workers Face?
Lack of Safety Equipment: Workers often operate without helmets, masks, or other protective gear, significantly increasing their risk of injury or death.
Hazardous Working Conditions: Illegal mines are typically unregulated, lacking proper structural support, making them vulnerable to cave-ins, landslides, and explosions.
Toxic Gas Exposure: Miners are at risk of asphyxiation from inhaling toxic gases like carbon monoxide, as evidenced by recent fatalities in Gujarat.
Continuous exposure to coal dust and hazardous substances can lead to respiratory issues and chronic health conditions, further endangering workers’ health.
Conclusion: Need to implement advanced surveillance technologies, such as drones and satellite imaging, to monitor and detect illegal mining activities in real-time. This can improve the efficiency of enforcement agencies in identifying and responding to illegal operations swiftly.
From UPSC perspective, the following things are important :
Prelims level: Constitutional provisions related to Municipality ;
Mains level: Functions and challenges of Municipality,
Why in the News?
The Karnataka government has introduced a bill in the state assembly that aims to restructure the Bruhat Bengaluru Mahanagara Palike (BBMP) by dividing it into multiple smaller municipal corporations. This proposal is known as the Greater Bengaluru Governance Bill, 2024.
What is the Greater Bengaluru Governance Bill?
The Bill aims to restructure the Bruhat Bengaluru Mahanagara Palike (BBMP) into smaller administrative units to improve governance in Bengaluru.
Drafted by the BBMP Restructuring Committee, the Bill has undergone multiple revisions since its inception in 2014, with the latest modifications presented in June 2024.
The Bill was tabled in the Karnataka Assembly on July 23, 2024, and is set for discussion among lawmakers, with a sub-committee likely to scrutinize it before further consideration.
Key Highlights of the Draft Bill
City Corporations: The Bill proposes that the number of city corporations in the Greater Bengaluru Area shall not exceed ten, with indications that it may be split into five units based on specified criteria.
Governance Structure: A three-tier governance structure will be established, comprising the Greater Bengaluru Authority (GBA) at the top, city corporations in the middle, and ward committees at the bottom.
Composition of GBA: The GBA will be headed by the Chief Minister and include 21 members, including key ministers and heads of various urban development organizations.
Criteria for Corporations: City corporations must have a population of at least 10 lakh, a density of over 5,000 people per sq km, and a minimum revenue generation of ₹300 crore annually.
Ward Distribution: Each city corporation will consist of between 50 to 200 wards, with the current BBMP having 198 wards.
Present Criticism
The BJP has criticized the Bill as “unscientific,” claiming it threatens the cultural identity of Bengaluru and could lead to administrative chaos.
BJP leaders have expressed fears that the proposed restructuring could diminish the prominence of the Kannada language in Bengaluru.
Critics point to the unsuccessful trifurcation of the Municipal Corporation of Delhi in 2012, which was reversed in 2022, as a cautionary tale against such restructuring efforts.
Concerns have been raised that the Bill may exacerbate economic disparities among the proposed city corporations, with wealthier areas receiving more resources while poorer areas remain underdeveloped.
Way forward:
Comprehensive Stakeholder Consultation: Before finalizing the Bill, the government should conduct extensive consultations with all stakeholders, including local residents, urban planners, civic organizations, and opposition parties. This will ensure that diverse perspectives are considered, addressing concerns about cultural identity, economic disparities, and administrative efficiency.
Clear Definition and Criteria: The Bill should include clear definitions of “local areas” and the criteria for determining the boundaries of the proposed city corporations.
From UPSC perspective, the following things are important :
Prelims level: About Tribal Autonomous Councils;
Mains level: Controversy over the 125th Amendment Bill;
Why in the News?
The Union government will set up a committee led by MoS Home Nityanand Rai to address concerns and expedite the 125th Constitutional Amendment Bill, which aims to empower tribal autonomous councils in northeastern states.
What is the Controversy over the 125th Amendment Bill?
The Constitution (125th Amendment) Bill, 2019 aims to grant more financial, executive, and administrative powers to tribal autonomous councils under the Sixth Schedule of the Constitution.
The Bill has faced delays due to unresolved issues between the Union government and the tribal councils, prompting the formation of a committee to address these concerns.
Tribal leaders argue that the Bill is essential for streamlining administrative systems, ensuring proper resource flow, and enhancing the capacity of councils to implement policies beneficial to their communities.
The Bill has been pending since its introduction in the Rajya Sabha in February 2019 and has faced scrutiny from the Departmental-Related Standing Committee on Home Affairs, which flagged multiple issues.
What are Tribal Autonomous Councils?
Tribal autonomous councils are local governance bodies established under the Sixth Schedule of the Constitution to provide autonomy and protect the rights of tribal populations in certain northeastern states of India.
As of now, there are 10 autonomous councils across Assam, Meghalaya, Mizoram, and Tripura, which have the authority to legislate on matters related to land, public health, and agriculture.
These councils are intended to empower tribal communities by allowing them to manage their resources and governance independently from state governments.
About the North Eastern Council (NEC) and Its Structural Mandate
The North Eastern Council (NEC) was established in 1972 as a statutory body to promote the economic and social development of the northeastern states of India.
The NEC’s primary mandate includes coordinating the planning and implementation of development programs, facilitating inter-state cooperation, and addressing issues specific to the northeastern region.
The NEC comprises the Chief Ministers of the northeastern states, along with a nominated representative from the central government, ensuring representation from both state and central authorities.
The Council focuses on various sectors, including infrastructure development, education, health, and cultural preservation, aiming to enhance the overall development of the northeastern states.
Conclusion: The Union government should initiate a transparent and inclusive consultation process involving all stakeholders, including tribal leaders, local communities, and state governments. This process should aim to address the concerns raised by tribal councils and ensure that their voices are heard in the legislative process.
From UPSC perspective, the following things are important :
Prelims level: Cassini-Huygens Mission, Titan
Why in the News?
US space agency NASA’s Cassini-Huygens spacecraft launched in October 1997.
Using Cassini’s radar data, scientists from Cornell University have discovered new information about the liquid ocean on Titan, Saturn’s largest moon.
Observations made about Titan
Titan is composed ofhydrocarbons – organic chemicals consisting of carbon and hydrogen.
The astronomers have reportedly located calm seas of methane with a slow tidal current.
About Cassini-Huygens Mission
The Cassini-Huygens mission was a collaborative project between NASA, the European Space Agency (ESA), and the Italian Space Agency (ASI) to explore Saturn and its moons.
The spacecraft was named after astronomers Giovanni Cassini and Christian Huygens.
The mission consisted of the Cassini orbiter and the Huygens probe.
It was launched on October 15, 1997.
It ended its mission on September 15, 2017 by plunging into Saturn’s atmosphere.
Key Achievements:
Saturn Exploration:
Detailed study of Saturn’s atmosphere, rings, and magnetosphere.
Discovered new rings and observed the complex structure of the existing ones.
Moons of Saturn:
Titan Exploration: Huygens probe successfully landed on Titan, Saturn’s largest moon, on January 14, 2005, providing the first direct exploration of Titan’s surface and atmosphere.
Enceladus Discoveries: Found water-ice plumes erupting from Enceladus, indicating a subsurface ocean that could potentially harbor life.
Other Moons: Provided detailed images and data on other moons like Lapetus, Rhea, Dione, and Tethys.
Technological Milestones:
Demonstrated the success of long-duration missions in deep space.
Advanced the understanding of spacecraft navigation and operation in complex planetary environments.
PYQ:
[2014] Which of the following pairs is/are correctly matched?
Spacecraft
Purpose
1.
Cassini-Huygens
Orbiting the Venus and transmitting data to the Earth
2.
Messenger
Mapping and investigating the Mercury
3.
Voyager 1 and 2
Exploring the outer solar system
Select the correct answer using the code given below:
(a) 1 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
From UPSC perspective, the following things are important :
Prelims level: Hema Commission Report on Women Safety
Why in the News?
A single bench of the Kerala High Court has stayed the release of the Justice Hema Commission report.
The report investigated women’s working conditions in the Malayalam film industry.
About the Assault that Exposed the Deep Gender Divide
On February 17, 2017, a leading Malayalam film actress was abducted and sexually assaulted in her car while traveling from Thrissur to Kochi.
The incident caused shock and outrage across Kerala as disturbing details emerged, including a video purportedly intended for blackmail.
Six of the ten accused were arrested quickly, and popular actor Dileep was named an accused and remanded to judicial custody in July. He is currently out on bail, with the trial ongoing since 2020.
Formation of the Women in Cinema Collective (WCC)
The incident highlighted the discriminatory treatment faced by women in the film industry.
The Women in Cinema Collective (WCC) was formed in response, submitting a petition to the Chief Minister demanding an inquiry into gender issues in the industry.
The Hema Commission
In July 2017, five months after the incident, the state government formed a 3-member committee headed by retired Kerala High Court judge, Justice K Hema.
The committee’s objective was to investigate issues of sexual harassment and gender inequality in the Malayalam film industry.
In December 2019, a 300-page report was submitted to the CM Pinarayi Vijayan, including documents, audio, and video evidence.
Findings and Recommendations
The commission consulted multiple women professionals in the industry, recording detailed accounts of sexual harassment, wages earned, and possible blacklisting.
The report highlighted the existence of a casting couch, and the presence of alcohol and drugs on film sets.
The commission recommended forming a tribunal to investigate these allegations.
Other recommendations included making job contracts mandatory, ensuring wage parity across genders for the same job, banning drugs and liquor on shooting locations, and ensuring safe working conditions for women.
PYQ:
[2010] Two of the schemes launched by the Government of India for Women’s development are Swadhar and Swayam Siddha. As regards the difference between them, consider the following statements:
Swayam Siddha is meant for those in difficult circumstances such as women survivors of natural disasters or terrorism, women prisoners released from jails, mentally challenged women etc., whereas Swadhar is meant for holistic empowerment of women through Self Help Groups.
Swayam Siddha is implemented through Local Self-Government bodies or reputed Voluntary Organizations whereas Swadhar is implemented through the ICDS units set up in the states.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
[2014] We are witnessing increasing instances of sexual violence against women in the country. Despite existing legal provisions against it, the number of such incidences is on the rise. Suggest some innovative measures to tackle this menace.
From UPSC perspective, the following things are important :
Prelims level: Niger, Niger Benin Export Pipeline
Why in the News?
The China-backed Niger-Benin Export Pipeline that would make Niger an oil-exporting country is being threatened by an internal security crisis and a diplomatic dispute with neighboring Benin.
These issues arose after last year’s coup that toppled Niger’s democratic government.
About Niger
Niger, located in West Africa, is a landlocked country known for its vast desert landscapes and significant cultural heritage.
The northern region of Niger is dominated by the Sahara Desert, comprising more than half of the country.
The central part of Niger is characterized by the Sahel, a semi-arid transition zone between the Sahara
The Aïr Mountains, located in the northern central part are a significant mountain range with the highest peak, Mont Idoukal-n-Taghès (2,022 m).
The Niger River is the country’s primary water source.
Lake Chad is a significant body of water shared with Nigeria, Chad, and Cameroon. Its size keep on fluctuating.
About Niger Benin Export Pipeline
The 1,930-kilometer pipeline runs from Niger’s Chinese-built Agadem oil field to the port of Cotonou in Benin.
It was designed to help Niger achieve an almost 5x increase in oil production through a $400 million deal with China’s state-run national petroleum company.
The pipeline faces significant challenges, including a recent diplomatic disagreement with Benin.
These issues threaten to strain Niger’s economy, heavily reliant on external support now withheld after a coup.
PYQ:
[2018] Which of the following has/have shrunk immensely/dried up in the recent past due to human activities?
Aral Sea
Black Sea
Lake Baikal
Select the correct answer using the code given below:
From UPSC perspective, the following things are important :
Prelims level: Comparison of Indian Constitution
Why in the News?
On July 14, K. P. Sharma Oli was sworn in as Nepal’s Prime Minister for the fourth time, leading a new coalition government.
Since the abolition of the monarchy in 2008, Nepal has had 14 governments despite a new constitution in 2015 promising progress.
Evolution of Nepal’s Constitution
1948: The Government of Nepal Act was the first attempt at creating a constitution.
1951: The Interim Government of Nepal Act aimed to establish democracy but was replaced in 1959.
1959: Introduced a multi-party system, but the Panchayat Constitution of 1962 established a party-less system under King Mahendra.
1990: A constitutional monarchy restored the multi-party system.
2007: An Interim Constitution was adopted after continued political upheavals.
2015: The current constitution established Nepal as a federal democratic republic.
Comparing the Indian Constitution and Nepal’s Constitution:
India
Nepal
Historical Background
Adopted on November 26, 1949, and came into effect on January 26, 1950.
Framed by the Constituent Assembly elected in 1946.
Current constitution promulgated on September 20, 2015.
Many attempts since 1948, 1951, 1959, 1962, 1990, and 2007.
Form of Government
Quasi-federal nature of the Indian constitution is described as a “Union of States” in Article 1. Other factors also talk about the quasi-federal like Emergency power and independent judiciary. etc
Parliamentary system with the President as the ceremonial head and the Prime Minister as the head of government.
Federal democratic republic.
Parliamentary system with the President as the ceremonial head and the Prime Minister as the executive head.
Structure of Government
Bicameral legislature: Lok Sabha (House of the People) and Rajya Sabha (Council of States).
Three levels of government: central, state, and local.
Bicameral legislature: House of Representatives and National Assembly.
Three levels of government: federal, provincial, and local.
Federal Structure
More centralized federal structure. The central government has significant authority over states.
Flexible to allow greater central control when necessary.
More decentralized federal structure. Greater autonomy to provinces.
Includes seven provinces, each with its own government and legislature.
Elections and Representation
First-past-the-post (FPTP) system for Lok Sabha elections. Representation through single-member constituencies and multi-party systems.
Mixed electoral system with both FPTP and proportional representation (PR). Ensures broader representation but leads to the proliferation of smaller parties.
Judiciary
The Supreme Court of India is the highest judicial authority.
Ensures protection of fundamental rights and upholds the rule of law.
The Supreme Court of Nepal is the highest judicial body.
Interprets the Constitution and protects citizens’ rights. Aims to uphold the rule of law and safeguard fundamental rights.
Fundamental Rights and Duties
Comprehensive list of Fundamental Rights in Part III, including equality, freedom, religion, and constitutional remedies. Fundamental Duties in Part IV-A.
Extensive fundamental rights, covering civil, political, and socio-economic rights. Emphasizes affirmative action for marginalized groups.
Secularism and Religion
A secular state with no official religion which mentioned in the Preamble of the Constitution.
The secular state was declared in the 2015 Constitution.
Protects religious freedom and promotes harmony among religious communities.
PYQ:
[2023] Compare and contrast the British and Indian approaches to Parliamentary sovereignty.
[2022] Critically examine the procedures through which the Presidents of India and France are elected.
[2021] Analyze the distinguishing features of the notion of Right to Equality in the Constitutions of the USA and India.
[2021] Analyse the distinguishing features of the notion of Right to Equality in the Constitutions of the USA and India.
[2020] The judicial systems in India and the UK seem to be converging as well as diverging in recent times. Highlight the key points of convergence and divergence between the two nations in terms of their judicial practices.
[2019] What can France learn from the Indian Constitution’s approach to secularism?
[2018] India and the USA are two large democracies. Examine the basic tenets on which the two political systems are based.
From UPSC perspective, the following things are important :
Prelims level: About GM Mustard Crop
Mains level: Significance of GM crops
Why in the news?
A two-judge Bench of the Supreme Court delivered a split verdict on Tuesday, July 23, regarding the “environmental release” of Genetically Modified (GM) mustard.
About GM Mustard Crop
Development and Approval Process: On September 15, 2015, the Centre for Genetic Manipulation of Crop Plants (CGMCP) at Delhi University sought approval from the Genetic Engineering Appraisal Committee (GEAC) for the environmental release of GM mustard DMH-11.
Biosafety Dossier: The CGMCP submitted a biosafety dossier to the GEAC, which created a sub-committee to examine its contents. After revisions, the sub-committee submitted its report, inviting comments in September 2016.
GEAC Recommendations: On May 11, 2017, the GEAC recommended the environmental release of GM mustard, allowing field tests to assess the crop’s effects. However, the Ministry of Environment sent the proposal back for re-examination in March 2018 after receiving several representations.
Deferred Tests: The GEAC directed the CGMCP to examine the effects of GM mustard on honey bees and soil microbial diversity, but these tests were deferred through 2020-21.
The GEAC-appointed expert committee found that honeybees do not discriminate between other GM crops such as genetically engineered canola.
What is the case before the Supreme Court?
Background of the Case: The case arose from challenges by environmentalist Aruna Rodrigues and the organization Gene Campaign against the GEAC’s approval for the environmental release of GM mustard, arguing that the decision violated the precautionary principle and lacked proper scientific scrutiny.
Split Verdict: The Supreme Court delivered a split verdict regarding the approval for the environmental release of genetically modified (GM) mustard, specifically the hybrid DMH-11. Justices B.V. Nagarathna and Sanjay Karol had differing opinions on the legality of the Genetic Engineering Appraisal Committee’s (GEAC) decision-making process.
Justice Nagarathna’s Opinion: Justice Nagarathna held that the GEAC’s approval was flawed and did not follow the necessary procedures, particularly failing to conduct promised field tests. She emphasized that the approval violated public trust and the precautionary principle, which is essential for protecting the environment and public health.
Justice Karol’s Opinion: In contrast, Justice Karol argued that the GEAC’s decision was valid and aligned with the development of scientific temper. He stated that field trials are necessary to assess the environmental safety of GM mustard and that the decision-making process was independent and reasoned.
Unanimous Directives: Despite the split decision, both judges agreed on the need for the Union government to formulate a national policy regarding GM crops. This policy should involve consultations with various stakeholders, including experts, farmers, and state governments.
Case referred to larger bench: The case will be referred to a larger bench for further adjudication due to the differing opinions. The Supreme Court directed that the Ministry of Environment, Forest, and Climate Change (MoEF&CC) should conduct a national consultation within four months to develop this policy.
Concerns Raised: Justice Nagarathna pointed out that the GEAC did not consider the long-term effects of GM mustard on health and the environment, while Justice Karol noted the importance of conducting field trials under strict safeguards to monitor the crop’s impact.
Conclusion: The Union government should formulate a detailed and inclusive national policy on genetically modified crops. This policy should be based on extensive consultations with experts, farmer representatives, state governments, and other stakeholders to ensure a balanced approach that considers scientific, environmental, and public health perspectives.
Mains PYQ:
Q What are the present challenges before crop diversification? How do emerging technologies provide an opportunity for crop diversification? (2021)
