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  • Moonquakes and its Apollo 17 connection

    moonquake

    Central Idea

    • A research utilized seismic data collected between 1976 and 1977, showcasing how the lunar lander left by the Apollo 17 astronauts might be causing seismic activity on the moon.
    • The study emphasizes that these moonquakes are not the result of natural processes but stem from vibrations generated by the lunar module descent vehicle, which was placed on the moon’s surface in 1972.

    About Apollo 17 Mission

    • Apollo 17 was the final Apollo mission to the Moon, marking the sixth lunar landing.
    • It was launched by December 6, 1972, with a night launch, which was unique in the Apollo program.
    • This mission had specific scientific objectives, differentiating it from previous missions, and aimed to collect ancient highlands crustal material and investigate the possibility of recent lunar volcanic activity.
    • Neil Armstrong, the first person to set foot on the lunar surface, went under the Apollo 11 mission in July 20, 1969.

    Understanding Moonquakes

    • Similarities to Earthquakes: Moonquakes share similarities with earthquakes as both involve seismological vibrations.
    • Researchers have identified four types of moonquakes, three of which are relatively benign. Shallow moonquakes, the closest to the surface, are the most destructive.
    1. Deep Moonquakes: Occur approximately 700 kilometers below the lunar surface.
    2. Shallow Moonquakes: Take place at depths of only 20 to 30 kilometers, lasting up to 10 minutes.
    3. Vibrational Moonquakes: Typically result from meteorite impacts.
    4. Thermal Quakes: Caused by the moon’s crust expanding as it warms following subzero temperatures during the night.
    • Moonquakes occur as often as every 27 days, primarily due to temperature fluctuations between lunar day and night, totalling approximately 7,000 moonquakes in a decade.

    Moonquakes vs. Earthquakes

    • Moonquakes are generally smaller in magnitude than earthquakes but are known for their extended duration.
    • Shallow moonquakes recorded by Apollo astronauts have reached up to a magnitude of 5.5.

    Human Lunar Landings

    • Multiple countries have embarked on lunar missions, with India being the most recent in 2023, following the United States, Russia, and China.
    • India’s Chandrayaan-3 mission included a seismometer, which detected a moonquake, providing valuable data for future analysis.

    Significance of Monitoring Moonquakes

    • Understanding moonquakes holds potential significance for future lunar missions, particularly if NASA establishes a permanent lunar outpost.
    • Seismometers, like those used on the moon, are vital for comprehending lunar geology and ensuring the safety of future lunar explorers.
    • Monitoring lunar seismic activity is crucial for designing experiments and missions aimed at unravelling the mysteries of Earth’s closest celestial neighbor.
    • The moon presents a unique opportunity for in-depth planetary study beyond Earth.

  • Santiniketan gets UNESCO’s World Heritage List tag

    Santiniketan

    Central Idea

    • Situated in West Bengal’s Birbhum district, the small town of Santiniketan has been included in the UNESCO World Heritage List.
    • This is the place where Nobel laureate Rabindranath Tagore spent much of his life.

    About Santiniketan

    • Santiniketan, situated in Birbhum District, West Bengal, India, is an iconic cultural and heritage destination with a rich historical legacy.
    • Its prominence is attributed to its association with Nobel laureate Rabindranath Tagore.

    Significance of Santiniketan

    • Rabindranath Tagore’s Home: Santiniketan served as the residence of Rabindranath Tagore, where he not only lived but also composed numerous literary works, encompassing songs, poems, and novels.
    • Artistic Abode: The Santiniketan campus is adorned with magnificent sculptures, frescoes, murals, and paintings created by eminent artists like Rabindranath Tagore, Nandalal Bose, Ramkinkar, Binodbehari Mukhopadhyay, and others.
    • Cultural Festivals: The broader Birbhum District, where Santiniketan is nestled, is renowned for its vibrant fairs and festivals. Notable celebrations include Poush Mela (December), Joydev Mela (January), Basanta Utsav (Holi) in March and the renowned mystic Baul Singers.
    • Unique Events: Santiniketan hosts special cultural festivities during Bengali New Year and Rabindra Janmotsav (Rabindranath Tagore’s birth anniversary) in the Bengali month of Boisakh, marked with great enthusiasm.
    • Distinctive Festivals: The region observes distinctive festivals such as Briksharopan (festival of Planting Saplings) and Halakarshan (festival of Plowing the Fields) on the 22nd and 23rd days of Sravana (August), respectively. Additionally, Varshamangal, the festival of rains, is celebrated in August/September.
    • Poush Mela: Santiniketan hosts the annual Poush Mela, commencing on the 7th day of the Poush month. While officially spanning three days, vendors may extend their stay throughout the month. The festival is renowned for live performances of Bengali folk music, particularly by bauls (traditional wandering minstrels), and showcases tribal dances like Santali.

    West Bengal’s Presence on the World Heritage List

    • Santiniketan is the second cultural symbol from West Bengal to join the prestigious UNESCO list.
    • In 2021, UNESCO added ‘Durga Puja in Kolkata’ to its Intangible Cultural Heritage of Humanity list, highlighting West Bengal’s rich cultural heritage.

    Back2Basics: UNESCO World Heritage Sites

    Description
    UNESCO World Heritage Sites Landmarks or areas selected by UNESCO for their cultural, historical, scientific, or other significant value, legally protected by international treaties.
    Importance World Heritage Sites represent collective and preservative interests of humanity, signifying remarkable accomplishments and intellectual history.
    Selection Criteria Sites must be already-classified landmarks, unique and significant culturally or physically, such as ancient ruins, historical structures, cities, monuments, etc.
    Conservation World Heritage Sites require practical conservation to protect them from risks like trespassing, uncontrolled access, or administrative negligence.
    World Heritage Committee Selects and monitors World Heritage Sites, manages the World Heritage Fund, and provides financial assistance. Composed of 21 states parties elected for a four-year term.
    Membership India is not a member of the World Heritage Committee.

    Note: “States parties” refer to the countries that have ratified the World Heritage Convention and participate in the decision-making process.

  • Reforms and Concerns: The CEC and Other EC Bill, 2023

    cec bill

    Central Idea

    • After being passed in the Rajya Sabha on August 10, the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, has now moved to the Lok Sabha for approval.

    CEC and Other EC Bill, 2023

    • Objective: To amend constitutional provisions that currently equate Election Commissioners with Supreme Court judges, as well as addressing recent judicial rulings.

    Key Provisions of the Bill

    • Salary and Service Conditions: The Bill proposes to align the salary, allowances, and service conditions of the Chief Election Commissioner (CEC) and the two Election Commissioners with those of a Cabinet Secretary.
    • Repealing the 1991 Act: The Bill’s passage would lead to the repeal of the Election Commission Act of 1991, where Election Commissioners enjoyed parity with Supreme Court judges in terms of remuneration.
    • Potential Impact: While the stipulated salaries for Supreme Court judges and Cabinet Secretaries are similar, Supreme Court judges receive additional post-retirement benefits, raising concerns about the increased bureaucracy’s potential impact on the authority and independence of Election Commissioners.

    Challenges to Independence

    • Shifting Authority: The Election Commission’s primary role involves overseeing, directing, and controlling elections, as defined in Article 324 of the Constitution. Concerns arise that this control may shift if Election Commissioners, now equivalent in rank to Cabinet Secretaries, attempt to discipline Union Ministers for electoral violations.
    • Current Status: Presently, when commissioners summon government officials, their orders are perceived as carrying the authority of a Supreme Court Judge, a status that may change if they are seen as equals to Cabinet Secretaries.

    Preserving Independence and Equivalence to SC Judges

    • Constitutional Safeguards: Article 324 (5) of the Constitution specifies that a CEC can only be removed in a manner similar to that of a Supreme Court judge, safeguarding the independence and equivalence of Election Commissioners to Supreme Court judges.
    • Previous SC Ruling: The Bill also seeks to constitute a committee comprising the Prime Minister, Leader of the Opposition in the Lok Sabha, and a Cabinet Minister nominated by the PM to select Election Commission members. Notably, this committee excludes the CJI, in contrast to a top court ruling from March 2023.

    Background: The SC Ruling

    • Committee Formation: In March 2023, a five-judge Supreme Court bench unanimously ruled that a committee consisting of the Prime Minister, Leader of the Opposition in Lok Sabha, and the Chief Justice of India (CJI) should select the Chief Election Commissioner (CEC) and Election Commissioners (ECs).
    • Founding Principles: The ruling emphasized that India’s founding fathers did not intend for the executive to exclusively dictate appointments to the Election Commission, striving for a more balanced selection process.
    • PIL Origins: The case originated from a PIL filed in 2015, challenging the constitutionality of the President appointing ECI members based on the PM’s advice.

    Impact on the 1991 Act

    • Bill’s Amendment: The Bill aims to repeal the 1991 Act, which previously ensured that the CEC and ECs received salaries equivalent to Supreme Court judges.
    • Revised Equality: Section 10 of the Bill specifies that the salary, allowances, and service conditions of the CEC and ECs will match those of the Cabinet Secretary, marking a departure from the 1991 Act’s provisions.

    Various Concerns Raised

    • Autonomy of the Election Commission: Concerns exist due to the selection panel’s composition, which includes a Cabinet Minister nominated by the Prime Minister instead of the CJI.
    • Unanimous Decisions: Suggestions for unanimous committee decisions aim to address one-sided decision-making concerns.
    • Constitutional Validity: Critics argue the Bill violates democratic principles.
    • Conflicting SC Judgment: The Bill diverges from the Supreme Court’s ruling on the importance of an independent committee in selecting Election Commissioners.
    • Past Electoral Integrity: Some believe Indian elections have been generally fair despite government involvement in Election Commissioner appointments.
    • Consistency in Decision-Making: Concerns have been raised about the Commission’s decision consistency regarding Model Code of Conduct violations.
    • Timing of Election Announcements: Questions surround election announcement timing in relation to government programs, raising concerns about political influence.

    Conclusion

    • Balancing Reforms: The Bill reflects efforts to reform election administration but raises concerns about preserving the Election Commission’s independence and its equivalence to Supreme Court judges.
    • Evolution of Selection Process: The ongoing debate highlights the evolving process of selecting Election Commissioners, aiming to ensure fair and transparent appointments while safeguarding the institution’s autonomy.

  • Supreme Court’s Integration with the National Judicial Data Grid

    National Judicial Data Grid

    Central Idea

    • On September 14th, the Supreme Court of India took a monumental stride by incorporating its case data into the National Judicial Data Grid (NJDG).

    What is the National Judicial Data Grid (NJDG)?

    • Comprehensive Repository: NJDG stands as a comprehensive online repository, housing orders, judgments, and case particulars from a vast network of 18,735 District and subordinate Courts and High Courts.
    • Real-time Access: This platform is an integral component of the eCourts Project, providing real-time updates and in-depth data down to the Taluka level.

    Administration of NJDG

    • E-Courts Initiative: NJDG was conceived as part of Phase II of the e-Courts project, a Centrally Sponsored Scheme designed to modernize the Indian judiciary.
    • Collaborative Effort: The National Informatics Centre (NIC) collaborated closely with the in-house software development team of the Computer Cell at the Supreme Court to bring NJDG to fruition.
    • User-Friendly Interface: NJDG boasts an interactive interface and an analytics dashboard, ensuring accessibility for legal professionals and the general public.

    The Power of Data

    • Monitoring and Management: NJDG serves as a potent tool for monitoring and managing case backlogs, ultimately alleviating the burden of pending cases.
    • Supreme Court’s Example: Analyzing data from the Supreme Court in 2023, it reveals a total pendency of 64,854 registered cases, with 5,412 new cases received and 5,033 cases disposed of in the last month. This underscores that the backlog primarily consists of legacy cases, managed at a rate comparable to the annual influx of new cases.
    • Identifying Bottlenecks: NJDG aids in identifying specific bottlenecks in the judicial process. For instance, a surge in land dispute cases in a particular state prompts policymakers to consider strengthening relevant laws.
    • Insights from the Chief Justice: Chief Justice Chandrachud noted that year-wise pendency data indicates the Supreme Court has less than a hundred cases pending from before 2000, allowing the Chief Justice to prioritize the resolution of the oldest cases.
    • Specialized Insights: NJDG also facilitates the generation of insights into specific areas of law. For instance, it links Land Records data from 26 States with NJDG to track land dispute cases effectively.

  • Establishment of GST Appellate Tribunals across India

    Central Idea

    • The Finance Ministry has formally established 31 Appellate Tribunals spanning 28 States and eight Union Territories for the Goods and Services Tax (GST).
    • This significant move aims to address the increasing number of taxpayer disputes with the Revenue Department.

    What is GST Appellate Tribunal?

    • The GST Appellate Tribunal is a quasi-judicial body proposed to be established to resolve disputes related to the Goods and Services Tax (GST) in India.
    • It will function as an independent body to hear appeals against orders passed by the GST authorities or the Appellate Authority.
    • The tribunal will be composed of a national bench and various regional benches, headed by a chairperson appointed by the central government.
    • The proposed tribunal is expected to help expedite the resolution of disputes related to GST and reduce the burden on the judiciary.

    Under GST, if a person is not satisfied with the decision passed by any lower court, an appeal can be raised to a higher court, the hierarchy for the same is as follows (from low to high):

    1. Adjudicating Authority
    2. Appellate Authority
    3. Appellate Tribunal
    4. High Court
    5. Supreme Court

    Need for such Tribunal

    • Unburden judiciary: GST Appellate Tribunal will help resolve the rising number of disputes under the 68-month-old indirect tax regime that are now clogging High Courts and other judicial fora.
    • Improve efficiency of GST System: Overall, the establishment of the GST Appellate Tribunal is expected to improve the efficiency and effectiveness of the GST system in India.
    • Independent mechanism: The proposed Tribunal will provide an independent and efficient mechanism for resolving disputes related to GST.
    • Avoid tax evasion: It will help to expedite the resolution of disputes, reduce the burden on the judiciary, and promote greater certainty and predictability in the GST system.

    Issues with present litigation

    • Compliance issues: The GST system is relatively new in India, having been implemented in 2017, and there have been several issues with compliance and interpretation of rules and regulations.
    • Complex adjudication hierarchy: The current dispute resolution mechanism involves multiple layers of adjudication, starting with the GST officer and as mentioned above.
    • Time consuming process: This process can be time-consuming, costly, and burdensome for taxpayers, especially small and medium-sized enterprises.

    Significance

    • The creation of these tribunals had been in the pipeline since the implementation of the GST regime on July 1, 2017.
    • The number of pending appeals by taxpayers related to central GST levies had surged to over 14,000 (June 2023).

  • M Visvesvaraya: India’s pioneering Civil Engineer

    Visvesvaraya

    Central Idea

    • September 15 marks the birthday of Sir Mokshagundam Visvesvaraya (1861-1962), celebrated for his pivotal role as a civil engineer and administrator during colonial India.

    About M. Visvesvaraya

    • Early life: Born on September 15, 1861, in the village of Muddenahalli, Karnataka, Visvesvaraya commenced his educational journey in his hometown.
    • Academic Pursuits: He pursued a Bachelor of Arts degree at the University of Madras and later embarked on a diploma course in civil engineering at the College of Science in Pune.

    Career Achievements

    • Engineering Pioneer: After completing his engineering studies at Poona College of Science, Visvesvaraya commenced his career as an Assistant Engineer in the Public Works Department (PWD) of the Government of Bombay at the age of 22.
    • Notable Projects: Among his initial projects was the construction of a pipe syphon across one of Panjra river’s channels.
    • Dewan of Mysore: In 1909, he assumed the role of Chief Engineer in the Mysore service, eventually becoming the 19th Dewan of Mysore.
    • Voluntary Retirement: In 1918, Visvesvaraya took voluntary retirement due to his disagreement with the proposal to allocate state jobs based on caste.
    • Committees and Contributions: Following retirement, he chaired or participated in various committees, including the Bombay Technical and Industrial Education Committee, Bombay University Committee for Promoting Chemical Industries, and the Cauvery Canal Committee.

    Significant Works

    • Block System of Irrigation: In 1899, he introduced the block system of irrigation in the Deccan canals, enhancing the equitable distribution of irrigation benefits among numerous villages.
    • Water Quality Improvement: Visvesvaraya tackled the issue of “muddy and discolored” water in Sukkur, a city on the banks of the Indus River.
    • Invention of Automatic Gates: He invented automatic gates for regulating water flow in reservoirs, securing a patent for this innovation.
    • Implementation at Krishnaraja Sagar Dam: The Krishnaraja Sagar Dam in Karnataka became the first to adopt these gates in the 1920s.

    Global Perspective

    • International Learning: Visvesvaraya travelled abroad to study various aspects of other countries’ systems. During a visit to Italy, he examined soil erosion problems and irrigation and drainage works.
    • Advocating for Indian Contributions: He challenged the perception that only British officers were capable of overseeing advanced engineering works, emphasizing that Indian expertise was valuable when supported by qualifications and dedication.

    Vision for Progress

    • Inspirational Speech: In a speech delivered on March 16, 1912, at Central College Bangalore, Visvesvaraya emphasized the need for India to adopt modern practices, scientific precision, inventiveness, discipline, and economic fundamentals for progress.
    • Promoting Self-Examination: He encouraged a secular self-examination, comparing local conditions in India with global counterparts.
    • Authorship: Visvesvaraya authored two influential books, “Reconstructing India” (1920) and “Planned Economy of India” (1934).

    Impact on Education

    • Education as a Catalyst: Visvesvaraya recognized the critical role of education in shaping an economy during his visit to Japan in 1898.
    • Founding the University of Mysore: As the Dewan of Mysore in 1916, he played a pivotal role in establishing the University of Mysore, emphasizing that educational institutions should mirror real-life conditions.

  • Why Dominant Caste are Demanding Reservation in India?

    maratha quota

    Central Idea

    • A Maratha activist has been on a 17-day hunger strike demanding reservation for the Maratha community in jobs and education.
    • The demand for a Maratha quota is expected to gain momentum as Lok Sabha and Assembly elections approach.

    Historical Context of Maratha Reservation Demand

    • Maratha Background: The Marathas, historically identified as a “warrior” caste, comprise mainly peasant and landowning groups, constituting nearly one-third of Maharashtra’s population. They have been a politically dominant community in the state.
    • Demand for Reservation: The demand for Maratha reservation dates back to the early 1980s when Mathadi Labour Union leader Annasaheb Patil led the first protest rally in Mumbai.

    Recent Developments

    • OBC Status: The Marathas seek to be identified as Kunbis (Farmers), which would entitle them to benefits under the quota for Other Backward Classes (OBCs). This demand arose after the Supreme Court, in May 2021, struck down the quota for Marathas under the state’s Socially and Educationally Backward Class (SEBC) Act, 2018.
    • Bombay High Court Decision: In June 2019, the Bombay High Court upheld the Maratha quota under the SEBC Act but reduced it to 12% in education and 13% in government jobs, in compliance with the 50% reservation limit set by the court.
    • Supreme Court Ruling: In May 2021, the Supreme Court declared the Maharashtra law providing reservation to Marathas unconstitutional, citing it breached the 50% reservation cap set in the Indra Sawhney (Mandal) judgment of 1992.
    • Impact on EWS Quota: Following the SC’s decision on the 10% quota for Economically Weaker Sections (EWS), the Maharashtra government stated that poor Marathas could not benefit from the EWS quota until the Maratha reservation issue was resolved.
    • Government Response: In response to protests and clashes, the government issued a Government Resolution (GR) promising Kunbi caste certificates to certain Maratha community members and referred to an older GR from 2004 pledging reservation for eligible Maratha-Kunbis and Kunbi-Marathas.

    OBC Opposition to Maratha Demand

    • OBC Organizations: OBC organizations have opposed the Maratha demand for OBC reservations due to quota shrink. They argue that Marathas, as a dominant community, should not share the OBC quota, which is already limited in Maharashtra compared to the national quota.
    • Reservation Distribution: Currently, reservations in the state are divided among various categories, including Scheduled Castes, Scheduled Tribes, OBCs, Special Backward Classes, and others.

    Political Impact

    • Polarization: The Maratha reservation issue has led to a sharp Maratha-OBC polarization in politics. Traditionally, Marathas leaned towards the Congress and NCP, while the BJP and Shiv Sena garnered OBC support.
    • Changing Dynamics: Recent political developments, including splits within parties and alliances, have complicated the political landscape, making the issue even more complex.

    Conclusion

    • The Maratha reservation issue remains a highly contentious and politically charged topic in Maharashtra, with implications for both social and political dynamics in the state.

  • Monoclonal Antibody

    Central Idea

    • India has reached out to Australia in its efforts to procure monoclonal antibody doses for combating the Nipah virus outbreak in Kerala.
    • The monoclonal antibody has successfully passed phase-one trials and has been administered to 14 individuals globally.

    Why use it for Nipah?

    • Currently, there is no effective treatment for Nipah virus infection apart from symptom relief.
    • The virus carries a high mortality rate ranging from 40% to 75%, making it a formidable threat.
    • In comparison, even during the peak of the Covid-19 pandemic, the case fatality ratio (CFR) remained at around three percent.

    What are Monoclonal Antibodies (mAbs)?

    • Monoclonal antibodies (mAbs) are a class of therapeutic proteins that have revolutionized medicine and healthcare.
    • They are used in a wide range of applications, from treating diseases to diagnosing conditions and conducting scientific research.

    Structure of mAbs

    • Monoclonal antibodies are proteins produced by a single type of immune cell, known as a B cell.
    • They are called “monoclonal” because they are derived from a single, cloned parent cell.
    • These antibodies have a specific Y-shaped structure consisting of two identical heavy chains and two identical light chains.
    • The variable region of the antibody binds to a specific antigen with high precision.

    Applications of Monoclonal Antibodies

    • Monoclonal antibodies have a wide range of applications in medicine, science, and diagnostics:
    • MAbs are used to treat various diseases, including cancer, autoimmune disorders, infectious diseases, and more.
    • They are used in diagnostic tests, such as ELISA (enzyme-linked immunosorbent assay), to detect specific molecules like antigens or antibodies.
    • Scientists use mAbs to study and manipulate biological processes. They can be labeled with fluorescent markers for imaging and are crucial tools in cell biology and molecular biology research.
    • Monoclonal antibodies labelled with radioactive isotopes or fluorescent markers can be used for diagnostic imaging techniques like PET (positron emission tomography) scans.
    • They can target specific molecules on cancer cells, minimizing damage to healthy cells during cancer treatment.

    Challenges and Advancements

    • Despite their significant benefits, monoclonal antibodies can have limitations, such as high production costs and the potential for immune responses.
    • Advances in technology, such as the development of humanized antibodies (antibodies with human components to reduce immune reactions), have addressed some of these challenges.

  • USCIRF to hold hearing on Religious Freedom in India

    Central Idea

    • The US Commission for International Religious Freedom (USCIRF) has announced that it will hold a hearing on religious freedom in India on September 20.
    • India has previously rejected USCIRF reports that alleged violations of religious freedom in the country.

    What is the USCIRF Report?

    • The USCIRF report assesses the status of religious freedom around the world.
    • It provides a comprehensive analysis of the state of religious freedom in countries across the globe, highlighting issues of concern and making recommendations for action by the US government.
    • The report is an important tool for raising awareness of violations of religious freedom and advocating for greater protection of this fundamental human right.

    Allegations against India

    (1) Policies

    • It is alleged that the Indian government at the national, state, and local levels promoted and enforced religiously discriminatory policies, including:
    1. Laws targeting religious conversion
    2. Interfaith relationships
    3. Ban over wearing of hijabs and cow slaughter
    • This has negatively impacted Muslims, Christians, Sikhs, Dalits, and Adivasis.

    (2) Laws of Suppression

    • The report also alleges that the national government continued to suppress critical voices, particularly of religious minorities and those advocating on their behalf through-
    1. Surveillance / Harassment / Cow Vigilantism
    2. Accusation of Sedition
    3. Demolition of Property
    4. Detention under the Unlawful Activities Prevention Act (UAPA)
    5. Targeted banning of NGOs ex. Missionaries of Charity under the Foreign Contribution Regulation Act (FCRA)
    6. Constitution

    India’s response

    • India has slammed USCIRF for “misrepresenting” facts and described it as an “organisation of particular concern”.
    • The Indian government rejected the biased and inaccurate comments.
    • The Foundation of Indian and Indian Diaspora Studies (FIIDS) slammed USCIRF for its biased report and failure to acknowledge the cultural and economic significance of cows to Indians.

    Why such reports often falsely target India?

    • Lack of objectivity: There have been instances in the past where these reports have been criticized for being one-sided and lacking objectivity.
    • US lobby against everyone: It is important to note that reports like USCIRF’s are based on the organization’s own assessments.
    • Inherent bias against India: Such allegations are prevalent ever since India attained its Freedom.
    • Self-proclaimed father of democracy: US has infamous for selectively promoting democracy and human rights, and for supporting authoritarian regimes that align with its strategic interests.
    • Anti-regime: Such reports often overlook the efforts made by the present regime in India towards promoting religious tolerance and communal harmony.

    Way forward

    • Urgent action: India needs to take prompt and necessary steps to address religious freedom issues and take everyone’s faith in the government and democratic process.
    • Nuanced understanding: International organizations and foreign governments must make a conscious effort to understand the complexities of India’s social, political, and economic landscape before making any recommendations or issuing reports.
    • Avoid sweeping generalizations: It is important to avoid sweeping generalizations and presenting a one-sided view of the situation, which can be detrimental to India’s reputation and lead to misunderstandings.
    • Self-reflection by the US: The US must address its own issues related to religious freedom and human rights violations, and not just sermon other countries.

    Conclusion

    • India’s historical diversity and pluralism: India has a long history of diversity, pluralism, and peaceful coexistence among different communities.
    • Constitutional guarantees: The Constitution guarantees fundamental rights to all citizens, regardless of their religion, caste, or creed.
    • Media as a strong pillar: The country has a vibrant democracy and a free and independent media that regularly scrutinizes the government and its policies. This eliminates the scope for anyone’s oppression.
    • Nation-building: All communities have contributed significantly to the country’s cultural and social fabric. Success of India is often unwelcomed by the US. People should not fall prey to foreign propaganda.

  • Relevance of Constitution Benches in the Supreme Court

    Constitution Bench

    Central Idea

    • CJI D.Y. Chandrachud, took a moment to address a lawyer’s misconceptions regarding the purpose of Constitution Benches in the Supreme Court.

    What is a Constitution Bench?

    • The constitution bench is the name given to the benches of the Supreme Court of India.
    • The Chief Justice of India has the power to constitute a Constitution Bench and refer cases to it.

    Constitution benches are set up when the following circumstances exist:

    1. Interpretation of the Constitution: Article 145(3) provides for the constitution of at least five judges of the court which sit to decide any case “involving a substantial question of law as to the interpretation” of the Constitution of India.
    2. President of India seeking SC’s opinion: When the President has sought the Supreme Court’s opinion on a question of fact or law under Article 143 of the Constitution. Article 143 of the Constitution provides for Advisory jurisdiction to the SC. As per the provision, the President has the power to address questions to the apex Court, which he deems important for public welfare.
    3. Conflicting Judgments: When two or more three-judge benches of the Supreme Court have delivered conflicting judgments on the same point of law, necessitating a definite understanding and interpretation of the law by a larger bench.
    • The Constitution benches are set up on ad hoc basis as and when the above-mentioned conditions exist.
    • Constitution benches have decided many of India’s best-known and most important Supreme Court cases, such as:
    1. K. Gopalan v. State of Madras, 1950 (Preventive detention)
    2. Ashoka Kumar Thakur v. Union of India, 1972 (OBC reservations) etc.
    3. Kesavananda Bharati v. State of Kerala, 1973 (Basic structure doctrine) and

    Critique and Response

    • A Lawyer’s Concern: A litigant had expressed concerns in a letter to the top court’s Secretary General, suggesting that the court was investing excessive time in Constitution Bench cases, neglecting public interest petitions that directly impact common individuals.
    • Court’s Defense: CJI challenged this notion, emphasizing that not all Constitution Bench cases revolve around the interpretation of the Constitution.
    • Examples Matter: He provided an example of a recent Constitution Bench case concerning whether a person holding a light motor vehicle license can operate a commercial vehicle. This directly affects the livelihood of countless drivers across the nation.

    CJI Dispelling Misconceptions

    • Not Just “Fancy” Matters: CJI clarified that the Supreme Court doesn’t convene Constitution Benches solely for matters detached from the everyday concerns of ordinary citizens.
    • Voice of the Nation: He highlighted instances like the Article 370 abrogation challenge, where the court engaged with the “voice of the nation.” Stakeholders from the Valley actively participated in extensive hearings.

    Arguments against such hearings

    • People’s Perspective: The Advocate clarified that his objection wasn’t against the court hearing Constitution Bench matters but rather the court’s engagement in public policy issues without adequate public input.
    • Court’s Response: CJI countered this argument, citing the Article 370 case as an example where groups of individual interveners from the Valley actively presented their perspectives to the court.

    Conclusion

    • Balancing Act: CJI’s remarks underscore the delicate balance between addressing constitutional matters and matters of public interest, highlighting that both have their place in the Supreme Court’s agenda.
    • Inclusive Justice: The exchange between the Chief Justice and the lawyer reflects the importance of ensuring that the court’s decisions consider the perspectives and concerns of the broader public, especially in cases with significant societal impact.