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  • China builds a new village in Arunachal Pradesh

    Satellite images show that China has constructed a new village in Arunachal Pradesh, around 4.5 kilometres inside of the de facto border on the Indian side.

    Indian and Chinese soldiers have confronted each other in their deadliest clash in decades in Ladakh last year and the earlier one in Doklam. Now another front has been opened up by China in Arunachal.

    This year could face another ugliest standoffs and skirmishes.

    Location of the village

    • The village, located on the banks of the River Tsari Chu, lies in the Upper Subansiri district.
    • It is an area that has been long disputed by India and China and has been marked by armed conflict.
    • Sources in the defense ministry have said that Beijing has, for years, maintained an army post on this territory, and the various constructions by the Chinese have not happened suddenly.

    Background of the story

    • China’s June 1959 operation known as the Longju incident reportedly accused Indian troops of occupying some places in Tibet and colluding with Tibetan rebels.
    • In August same year, the PLA clashed with the Indian personnel of the 9 Assam Rifles.
    • Two Indian soldiers were killed in action and the issue was finally resolved through diplomatic channels. Both sides withdrew from the area on August 20, 1960.
    • And the Assam Rifles then did not re-occupy the post.
    • In the late 1990s however, China established a company level post 3 kilometers inside the Indian Territory. Since then, the area remains contested to this day.

    India and Arunachal

    • Arunachal Pradesh (called South Tibet in China) is a full-fledged state of India.
    • India’s sovereignty over the area is internationally recognized and its residents have not shown any inclination to leave India.
    • The majority of the international maps acknowledge the area to be an Indian Territory.
    • China has some (pre-) historical claims through its ownership of Tibet, but the people and geography primarily favor India.

    Back2Basics: Chinese claim over Arunachal Pradesh

    • When the new Peoples Republic of China was formed in February 1912 after the abdication of the Qing emperor, the Tibetans asserted their independence.
    • They forced the Chinese troops based in Lhasa to return to the mainland-via India. A year later, Tibet declared independence from China.
    • In order to ensure that the unrest did not spread to India and assert their boundaries, the ruling British convened a tripartite meeting at Shimla with Tibetan and Chinese delegates to define the border.
    • The meeting gave China suzerainty over most of Tibet, and the boundary defined in this treaty was later known as the McMohan line.

    Chinese reluctance

    • The essential dispute is over China’s refusal to acknowledge the McMohan Line as the border between the two nations, and staking claim to large tracts of land as a contiguous part of Tibet.
    • However, it laid claim to the entire state of Arunachal Pradesh.
    • In the 16th century, the most important heritage of the state – Tawang Monastery was built. This is one of the most important sites for Tibetan Buddhists.
    • China never recognized Tibet’s independence nor the 1914 Simla convention.
    • In 1950 China completely took over Tibet. Thus, according to their version, the Tawang region belongs to them.
    • It especially wants to hold on to the monastery as that is a leading center of Tibetan Buddhism in India.

  • Supreme Court dismisses Aadhaar Review Petition

    The Supreme Court, in a majority view (4:1), dismissed a series of petitions seeking a review of its 2018 judgment upholding the Lok Sabha Speaker’s certification of Aadhaar law as a Money Bill and its subsequent passage in Parliament.

    Try this PYQ:

    Consider the following statements:

    1. Aadhaar card can be used as a proof of citizenship or domicile.
    2. Once issued, Aadhaar number cannot be deactivated or omitted by the Issuing Authority.

    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

    Backgrounder

    • The review petitions had highlighted how the Aadhaar Act was passed as a Money Bill by superseding the Rajya Sabha. It was called a “fraud on the Constitution”.
    • The review petition had argued that the Aadhaar Act clearly did not fall within the ambit of Article 110 (1) of the Constitution, which restricted Money Bills to certain specific fields only.

    What is a Review Petition?

    • Article 137 of the Constitution provides that subject to provisions of any law and rule made under Article 145 the Supreme Court of India has the power to review any judgment pronounced (or order made) by it.
    • Thus the binding decision of the Supreme Court/High Court can be reviewed in the Review Petition.

    Aadhaar Case: Two questions for review

    • Two questions had come up for review regarding the five-judge Aadhaar Bench’s judgment in 2018.
    • One, whether the Speaker’s decision to declare a proposed law as Money Bill was “final” and cannot be challenged in court.
    • The second, whether the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 was correctly certified as a ‘Money Bill’ under Article 110(1) of the Constitution.

    What is the majority Judgment?

    • On the first question, the majority judgment in 2018 said the Speaker’s decision could be challenged in court only under “certain circumstances”.
    • On the second, it concluded that the Aadhaar Act was rightly called a Money Bill.

    Back2Basics: Money Bill

    • A Bill is said to be a Money Bill if it only contains provisions related to taxation, borrowing of money by the government, expenditure from or receipt to the Consolidated Fund of India.
    • Bills that only contain provisions that are incidental to these matters would also be regarded as Money Bills.
    • A Money Bill may only be introduced in Lok Sabha, on the recommendation of the President as per Article 110 of the Constitution.
    • Then, it is transmitted to the Rajya Sabha for its recommendations. Following this, it may be sent to the Rajya Sabha for its recommendations, which Lok Sabha may reject if it chooses to.
    • If such recommendations are not given within 14 days, it will be deemed to be passed by Parliament.

    How is a Money Bill different from a financial bill?

    • While all Money Bills are Financial Bills, all Financial Bills are not Money Bills.
    • For example, the Finance Bill which only contains provisions related to tax proposals would be a Money Bill.
    • However, a Bill that contains some provisions related to taxation or expenditure, but also covers other matters would be considered as a Financial Bill.

  • Ratle Hydroelectric Project

    The Centre has decided to go ahead with the long-pending 850-megawatt Ratle hydroelectric power project on the river Chenab in J&K Kishtwar district, despite objections raised by the Pakistan government over the same.

    Tap to read more about Indus River System

    Ratle Hydel Plant

    • It is a run-of-the-river hydroelectric power station currently under construction on the Chenab River, downstream of the village near Drabshalla in Kishtwar district of the Indian UT of Jammu and Kashmir.
    • The project includes a 133 m (436 ft) tall gravity dam and two power stations adjacent to one another.
    • The installed capacity of both power stations will be 850 MW.
    • In June 2013, then PM Manmohan Singh laid the foundation stone for the dam.
    • Pakistan has frequently alleged that it violates the Indus Water Treaty.

    What is the Indus Water Treaty?

    • The Indus Waters Treaty is a water-distribution treaty between India and Pakistan, brokered by the World Bank signed in Karachi in 1960.
    • According to this agreement, control over the water flowing in three “eastern” rivers of India — the Beas, the Ravi, and the Sutlej was given to India.
    • The control over the water flowing in three “western” rivers of India — the Indus, the Chenab, and the Jhelum was given to Pakistan
    • The treaty allowed India to use western rivers water for limited irrigation use and unrestricted use for power generation, domestic, industrial, and non-consumptive uses such as navigation, floating of property, fish culture, etc. while laying down precise regulations for India to build projects
    • India has also been given the right to generate hydroelectricity through the run of the river (RoR) projects on the Western Rivers which, subject to specific criteria for design and operation is unrestricted.

  • Impact of RERA on real estate sector

    The article highlights the various provision of RERA and its overall impact on the sector.

    How it changed the real estate sector

    • Real Estate (Regulation and Development) Act (RERA) was enacted in 2016 and it had been in the works for more than a decade.
    • RERA has infused governance in a hitherto unregulated sector.
    • Along with demonetization and GST, it has, to a large extent, cleansed the real estate sector of black money.
    • It has transformational provisions, conscientiously addressing issues that have been a constant bane for the sector.

    Important provisions of RERA

    • The Act stipulates that no project can be sold without project plans being approved by the competent authority and the project is registered with the regulatory authority.
    • This provision ended the practice of selling on the basis of deceitful advertisements.
    • Promoters are required to maintain “project-based separate bank accounts” to prevent fund diversion.
    • The mandatory disclosure of unit sizes based on “carpet area” strikes at the root of unfair trade practices.
    • The provision for payment of “equal rate of interest” by the promoter or the buyer in case of default reinforces equity.
    • These and many other provisions have empowered consumers, rectifying the power asymmetry prevalent in the sector.

    How RERA is an effort in cooperative federalism

    • Though the Act has been piloted by the Central government, the rules are to be notified by state governments.
    • The regulatory authorities and the appellate tribunals are also to be appointed by them.
    • The regulatory authorities are required to manage the day-to-day operations, resolve disputes, and run an active and informative website for project information.
    • Since RERA came into full force, 34 states and Union territories have notified the rules, 30 states and Union territories have set up real estate regulatory authorities and 26 have set up appellate tribunals.
    • The operationalization of a web-portal for project information, which is at the heart of ensuring full project transparency, has been operationalized by 26 regulatory authorities.
    • Around 60,000 projects and 45,723 real estate agents have been registered with regulatory authorities.
    • Twenty-two independent judicial officers have been appointed to redress consumer disputes, and 59,649 complaints have been disposed-off.

    Consider the question “What were the various problems faced by the consumers in real estate sector? How various provisions in RERA helped in the protection of consumers’ interests?” 

    Conclusion

    RERA is to the real estate sector what SEBI is to the securities market. It helped consumers from the various malpractices in the real estate sector.

     

  • India-Nepal relations in a new transition

    India-Nepal Joint Commission meeting took place at a time when Nepal in going through a political turmoil. The article examines the issues discussed in the meeting and how its implications for the bilateral relations between the two countries.

    India-Nepal joint commission meeting amid political chaos in Nepal

    • Recently, the Minister for Foreign Affairs of Nepal visited New Delhi for the sixth meeting of the India-Nepal Joint Commission.
    • Nepal’s Prime Minister dissolved the House of Representatives in late December 2020, the move was termed ‘unconstitutional’ by the experts and the country’s Supreme Court is hearing writ petitions against the move.
    • As a unique characteristic, Nepal’s internal political fundamentals continue to shape its foreign policy choices. 
    • In such a scenario, any inbound or outbound delegation is seen from a different prism.

    Issues discussed in the meeting

    1) Progress on the development partnership front

    • On the development partnership front, the expansion of the Motihari-Amlekhganj petroleum products pipelines to Chitwan and the establishment of a new pipeline on the eastern side connecting Siliguri to Jhapa in Nepal formed a part of the discussions.
    • The operating procedures for commencement of train services of the first passenger railway line between India and Nepal from Jaynagar to Kurtha via Janakpurhave have been discussed.
    • Other cross-border rail connectivity projects, including a possible Raxaul-Kathmandu broad gauge railway line, were also discussed.
    • The joint hydropower projects, including the proposed Pancheshwar Multipurpose Project, should get positive momentum following this round of meetings.

    2) Facilitating the cross-border movement of people

    • The recently inaugurated Integrated Check Posts (ICPs) at Birgunj and Biratnagar have helped in the seamless movement of people and trade between the two countries.
    • The construction of a third integrated check post at Nepalgunj has already commenced, while the new integrated check post at Bhairahwa would begin shortly.
    • Since Nepal relies on India’s seaports in a big way for trading, and goods are transported by road, the integrated check posts are expected to ease trade and transit.

    3) Border issue

    • Nepali side’s demand to include the boundary in the Joint Commission Meeting.
    • However, India made it clear to find a fresh mechanism to resolve any such crucial long-pending issue.

    4) New direction to bilateral ties

    • India’s support for two more cultural heritage projects in Nepal, namely, the Pashupatinath Riverfront Development and the Bhandarkhal Garden Restoration in Patan Durbar is significant.
    • Nepal expressed support for India’s permanent membership of an expanded UN Security Council (UNSC) to reflect the changed balance of power.
    • The next meeting of the Joint Commission in Nepal should be crucial in giving a new direction to the bilateral ties, keeping a balance between change and continuity.

    India’s deepening engagement with all sections

    • There is growing disenchantment among the Nepali masses over the increased centralization of power, failure of the Provincial System in addressing the developmental issues, misuse of Presidential authority, and unprecedented corruption.
    • While the unusual developments are taking place in Nepal, there are many who still think that India is comfortable with some changes as its Nepal policy is heading very clearly towards a deeper engagement with all sections.

    Consider the question “How India-Nepal ties are affected by the internal political fundamentals in Nepal? What approach should be adopted by India in dealing with Nepal?” 

    Conclusion

    Nepal cannot afford to enter into another round of political instability, and those who have commanding authority to spearhead India-Nepal bilateral relations must give a humane consideration to it. At the crossroads, Nepal needs action and to come to terms with realities.

  • Question Hour to resume during Budget Session

    Question Hour, which had been suspended by the government during the monsoon session, will resume when Parliament meets for the budget session.

    Q.Discuss the various instruments of Parliamentary Control in India.

    Must read edition: [Burning Issue] Quashing of the Question Hour

    What is Question Hour?

    • Question Hour is the liveliest hour in Parliament. It is during this one hour that MPs ask questions of ministers and hold them accountable for the functioning of their ministries.
    • Prior to Independence, the first question asked of government was in 1893. It was on the burden cast on village shopkeepers who had to provide supplies to touring government officers.
    • The questions that MPs ask are designed to elicit information and trigger suitable action by ministries.
    • Over the last 70 years, MPs have successfully used this parliamentary device to shine a light on government functioning.
    • Their questions have exposed financial irregularities and brought data and information regarding government functioning to the public domain.
    • With the broadcasting since 1991, Question Hour has become one of the most visible aspects of parliamentary functioning.

    Its evolution

    • The right to question the executive has been exercised by members of the House from the colonial period.
    • The first Legislative Council in British India under the Charter Act, 1853, showed some degree of independence by giving members the power to ask questions to the executive.
    • Later, the Indian Council Act of 1861 allowed members to elicit information by means of questions.
    • However, it was the Indian Council Act, 1892, which formulated the rules for asking questions including short notice questions.
    • The next stage of the development of procedures related to questions came up with the framing of rules under the Indian Council Act, 1909, which incorporated provisions for asking supplementary questions by members.
    • The Montague-Chelmsford reforms brought forth a significant change in 1919 by incorporating a rule that the first hour of every meeting was earmarked for questions. Parliament has continued this tradition.
    • In 1921, there was another change. The question, on which a member desired to have an oral answer, was distinguished by him with an asterisk, a star. This marked the beginning of starred questions.

    Its significance

    • Question Hour is not only an opportunity for the members to raise questions, but it is a parliamentary device primarily meant for exercising legislative control over executive actions.
    • The government’s actions erode the constitutional mandate of parliamentary oversight over executive actions as envisaged under Article 75 (3) of the Indian Constitution.

  • WhatsApp’s contentious Privacy Policy

    The Government of India has asked WhatsApp to withdraw the proposed changes in its privacy policy.

    Q.What are the factors responsible for the spread of misinformation on social media? Suggest the measures to tackle it.

    Core of the news

    • WhatsApp has been embroiled in a controversy over its updated privacy policy.
    • The posts are pointers on the new policy.

    What was the news Privacy Policy?

    • When one goes to the status tab on the app, one can see the WhatsApp icon and its four posts, along with the statuses of one’s contacts.
    • While one reads ‘We are committed to your privacy’, another reads, ‘WhatsApp can’t read or listen to your personal conversations as they’re end-to-end encrypted’.
    • Another post reads ‘WhatsApp can’t see your shared location’ and yet another reads ‘WhatsApp doesn’t share your contacts with Facebook’.
    • The messaging app reviewed its privacy policy and asked users to accept the terms and conditions by February 8. Following this, the app faced severe backlash from its users and privacy advocates.

    Issues pointed by Govt.

    • said that the proposed changes raised “grave concerns” over the implications of the choice and the autonomy of Indian citizens.
    • It pointed out that the Indian users, who have not been given the option to opt-out of data-sharing with Facebook companies, were being subjected to differential treatment.
    • The issue is the impact it has on informational privacy, data security and user choice.

    Data at stake

    • The government asked WhatsApp to reconsider its approach to respect the informational privacy, freedom of choice and data security of Indian citizens.
    • It said that India’s distinct identity and its people must be properly respected and any unilateral changes to WhatsApp Terms of Service and Privacy would not be fair and acceptable.

    A discriminatory move

    • India formed the largest segment of WhatsApp’s user base globally and any change in policies would have a disproportionate impact on its citizens.
    • The privacy policy offered by WhatsApp to its European users specifically prohibits the use of any information shared with a Facebook company for those companies’ own purposes.
    • This Clause is not present in the privacy policy offered to Indian users.
    • This differential and discriminatory treatment of Indian and European users is attracting serious criticism and betrays a lack of respect for the rights and interest of Indian citizens.

    What lies ahead?

    • India has a huge user base of WhatsApp and Facebook in India.
    • The consolidation of sensitive information exposes a very large segment of Indian citizens to greater information security risks.
    • By not providing Indian users with the ability to opt-out of this data sharing with other Facebook companies, WhatsApp is treating users with an ‘all-or-nothing’ approach.

  • Issues over Parliament Canteen Subsidy

    Food served in Parliament canteen is set to cost more as it will no longer be subsidised, Lok Sabha Speaker has informed.

    I say there is no darkness, but ignorance.

    -William Shakespeare

    Why in news?

    • The low rate of food in the Parliament canteen has often attracted controversy, with critics objecting to lawmakers enjoying a cheap meal at the taxpayers’ expense.
    • Others have pointed out that the subsidy doesn’t benefit just MPs, as a host of other Parliament staff and security personnel also take their meals at the canteen.
    • However, in 2019, all MPs had unanimously decided to do away with the subsidy.
    • The annual revenue from Parliament catering was to the tune of Rs 15 to Rs 18 crore. It could annually save more than Rs 8 crore with the subsidy coming to an end.

    Parliament Canteen Subsidy

    • A major furore over the subsidy had erupted in 2015 when a reply to an RTI query which revealed that the canteen got a subsidy of Rs 14 crore every year.
    • The item list received under the RTI Act revealed that items like ‘fish fried with chips’ were available at Rs 25, mutton cutlet at Rs 18, boiled vegetables at Rs 5, mutton curry with bone at Rs 20 and masala dosa at Rs 6.
    • These were the rates subsidised by 63 per cent, 65 per cent, 83 per cent, 67 per cent and 75 per cent respectively.
    • The caterers were being paid by the Ministry of Finance through Parliament.

    Was the entire amount being spent on MPs’ food?

    • Apart from food, the subsidy is used for other expenses, like salaries of canteen staff. Also, many other people apart from the MPs use the canteen.
    • In fact, when the RTI query had been filed in 2015, the sales in the canteen for when Parliament was in session and when it wasn’t were almost the same.
    • Of the total subsidy of Rs 14 crore revealed by the RTI query, about Rs 11-12 crore would go towards the salary of the staff manning the canteen.

  • Supreme Court directive on Quota in Promotions

    The Supreme Court has asked Attorney General to compile the various issues being raised by States with regard to the 2006 M. Nagaraj case, which had upheld the application of creamy layer principle to members of the SC/ST communities in promotions.

    Must read edition: Reservation not a Fundamental Right

    What is the case about?

    • The Centre’s plea came despite the Supreme Court, in September 2018, in Jarnail Singh case, reiterating the Nagaraj judgment of 2006.
    • The 2006 judgment required the States to show quantifiable data to prove the ‘backwardness’ of a community to provide quota in promotion in public employment,
    • The 2018 judgment, which was authored by Justice Rohinton F. Nariman, had refused the government’s plea to refer the 2006 Nagaraj judgment to a seven-judge Bench.
    • It had while modifying the part of the Nagaraj verdict, rejected the Centre’s argument that Nagaraj misread the creamy layer concept by applying it to SC/ST.

    Nagaraj Case

    • In Jarnail Singh vs Lachhmi Narain Gupta (2018), the court dealt with a batch of appeals on the correctness of the Supreme Court’s judgment in M Nagaraj & Others vs Union of India (2006).
    • The Nagaraj case, in turn, had arisen out of a challenge to the validity of four Constitution amendments, which the court eventually upheld.

    What were the amendments?

    • 77th Amendment: It introduced Clause 4A to the Constitution, empowering the state to make provisions for reservation in matters of promotion to SC/ST employees if the state feels they are not adequately represented.
    • 81st Amendment: It introduced Clause 4B, which says unfilled SC/ST quota of a particular year, when carried forward to the next year, will be treated separately and not clubbed with the regular vacancies of that year to find out whether the total quota has breached the 50% limit set by the Supreme Court.
    • 82nd Amendment: It inserted a proviso at the end of Article 335 to enable the state to make any provision for SC/STs “for relaxation in qualifying marks in any examination or lowering the standards of evaluation, for reservation in matters of promotion to any class or classes of services or posts in connection with the affairs of the Union or of a State”.
    • 85th Amendment: It said reservation in the promotion can be applied with consequential seniority for the SC/ST employee.

    What is Art.335 about?

    • Article 335 of the Constitution relates to claims of SCs and STs to services and posts.
    • It reads: “The claims of the members of the SC’s and ST’s shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State.”

  • Can courts stay laws made by the legislature?

    The Supreme Court’s recent order staying the implementation of three farm laws has been criticised and is seen as violative of the doctrine of Separation of Powers.

    Q. Discuss the role of judicial activism in parliamentary democracy in India.

    What is the issue?

    • In particular, many have questioned the suspension of action under the laws as such interim orders are extremely rare.
    • The court did not accept the Attorney General’s argument that laws made by the legislature should not be ordinarily stayed, as there is a presumption of constitutionality in favour of the laws.

    SC’s justification

    • This court cannot be said to be completely powerless to grant stay of any executive action under a statutory enactment, the Bench observed in its order.
    • This means that it was apparently making a distinction between staying a law and staying its implementation or any action under it.
    • Some may argue, however, that the effect remains the same, as the order operates as a stay on the government invoking its provisions.

    Previous such orders

    • The court also cited an order passed by another Bench of the Supreme Court in September 2020 on the Maratha reservation issue.
    • It directed that admissions to educational institutions for 2020-21 and appointments to posts under the government shall be made without reference to the reservation provided under the relevant legislation.

    Farms laws case is different

    • In the Maratha reservation case, the Bench said interim orders could be passed if an enactment is ex facie unconstitutional or contrary to the law laid down by the Supreme Court.
    • It noted that the quota violated the 50% ceiling mentioned in the Indra Sawhney case (1992) and that the Maharashtra government had not shown any extraordinary situation to justify exceeding the limit.
    • Here, the Court observed that a stay on the farm laws’ implementation may assuage the hurt feelings of farmers and encourage them to come to the negotiating table.

    What are the court’s powers in regard to staying enacted law?

    • Under the broad framework of judicial review, the Supreme Court and High Courts have the power to declare any law unconstitutional.
    • This is on grounds if a law is contrary to any provision of the Constitution or it violates any of the fundamental rights.
    • Another ground is invalidity if the law is repugnant to a central law on the same subject or has been enacted without legislative jurisdiction.

    Criticisms of the move

    • The main criticism is that suspending a law made by the legislature goes against the concept of separation of powers.
    • Courts are expected to defer to the legislature’s wisdom at the threshold of a legal challenge to the validity of a law.
    • The validity of law ought to be considered normally only at the time of final adjudication, and not at the initial stage.
    • The second principle is that there is a presumption that every law enacted by any legislature is constitutional and valid.
    • The onus is on those challenging it to prove that it is not. Therefore, courts are circumspect when hearing petitions seeking suspension of law pending a detailed adjudication.

    Various precedents cited by the Court

    • Case law suggests that in some cases, High Courts indeed stayed the operation of some laws. However, the Supreme Court took a dim view.
    • In 1984, the top court set aside an interim stay granted against the operation of a municipal tax (Siliguri Municipality & Others vs Amalendu Das & Others).
    • In 2013, it removed the stay on some provisions of and regulations under the Cigarettes and Other Tobacco Products Act, 2003 (Health for Millions Trust vs Union of India).
    • It then held that the rules were ex facie unconstitutional and the factors, like, the balance of convenience, irreparable injury and public interest are in favour of passing an interim order.

    Back2Basics: Judicial Activism

    • The term “Judicial Activism” refers to the court’s decision, based on the wisdom that does not go rigidly within the text of the statute passed by the legislature.
    • It goes in favour of the use of judicial power broadly to provide remedies to the wide range of social wrongs for ensuring proper justice.
    • The judiciary performs an active role to uphold constitutional values and ethics under the constitutional pattern.
    • For addressing civic dilemmas, the judiciary applies its intellect and creativity to fill the gap between the positive and normative aspects of legislations.
    • For this reason, judicial activism has emerged.