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  • Health Sector – UHC, National Health Policy, Family Planning, Health Insurance, etc.

    N K Singh bats for moving Health Sector to Concurrent List

    Prelims Only | Governance | Mains Paper 2: Health & Education

    Health should be shifted to the Concurrent list under the Constitution, and a developmental finance institution (DFI) dedicated to healthcare investments set up, Fifteenth Finance Commission Chairman N.K. Singh has said.

    Other key recommendations

    • Bringing health into the Concurrent list would give the Centre greater flexibility to enact regulatory changes and reinforce the obligation of all stakeholders towards providing better healthcare.
    • He has urged the government spending to enhance expenditure on health to 2.5% of GDP by 2025.
    • He said primary healthcare should be a fundamental commitment of all States in particular and should be allocated at least two-thirds of such spending.

    The Concurrent List or List-III (of Seventh Schedule) is a list of 52 items (though the last subjects are numbered 47) given in the Seventh Schedule to the Constitution of India.

    What is the Seventh Schedule?

    • This Schedule of the Indian Constitution deals with the division of powers between the Union government and State governments.
    • It defines and specifies the allocation of powers and functions between Union & States. It contains three lists; i.e. 1) Union List, 2) State List and 3) Concurrent List.

    The Union List

    • It is a list of 98 (Originally 97) numbered items as provided in the Seventh Schedule.
    • The Union Government or Parliament of India has exclusive power to legislate on matters relating to these items.

    The State List

    • It is a list of 59 (Originally 66) items.
    • The respective state governments have exclusive power to legislate on matters relating to these items.

    The Concurrent List

    • There are 52 (Originally 47) items currently in the list.
    • This includes items which are under the joint domain of the Union as well as the respective States.

    Must read

    [Burning Issue] India’s Ailing Health Sector and Coronavirus

    Healthcare in India

    • The Indian Constitution has incorporated the responsibility of the state in ensuring basic nutrition, basic standard of living, public health, protection of workers, special provisions for disabled persons, and other health standards, which were described under Articles 39, 41, 42, and 47 in the DPSP.
    • Article 21 of the Constitution of India provides for the right to life and personal liberty and is a fundamental right.
    • Public Health comes under the state list.
    • India’s expenditure on healthcare has shot up substantially in the past few years; it is still very low in comparison to the peer nations (at approx. 1.28% of GDP).

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  • Wetland Conservation

    Places in news: Chilika Lake

    Prelims Only | Enviro & Biodiversity | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia

    The Chilika Lake in Odisha, Asia’s largest brackish water lake, was once part of the Bay of Bengal, a study by the marine archaeology department of the National Institute of Oceanography (NIO), Goa, has found.

    Try this PYQ:

    Q.Consider the following statements:

    1. In India, the Himalayas are spread over five States only.
    2. Western Ghats are spread over five States only.
    3. Pulicat Lake is spread over two States only.

    Which of the statements given above is/are correct?

    (a) 1 and 2 only

    (b) 3 only

    (c) 2 and 3 only

    (d) 1 and 3 only

    Chilika Lake

    • Chilika Lake is a brackish water lagoon, spread over the Puri, Khurda and Ganjam districts of Odisha.
    • It is located at the mouth of the Daya River, flowing into the Bay of Bengal, covering an area of over 1,100 km2.
    • It is the largest coastal lagoon in India and the largest brackish water lagoon in the world after The New Caledonian barrier reef.
    • It has been listed Ramsar Site as well as a tentative UNESCO World Heritage site.

    Its formation

    • The process of the formation of the Chilika might have begun in the latter part of the Pleistocene epoch, around 20,000 years ago.
    • India’s peninsular river Mahanadi carried a heavy load of silt and dumped part of it at its delta.
    • As the sediment-laden river met the Bay of Bengal, sand bars were formed near its mouth.
    • These created a backflow of the seawater into the sluggish fresh water at the estuary, resulting in the huge brackish water lake.
    • Marine archaeological studies on the Odisha coast clearly show that the Chilika once acted as a safe harbour for cargo ships bound for Southeast Asia and other parts of the world.

    Historical accounts on Chilika

    The lake has been a useful centre for maritime activities since the third millennium before the Common Era (CE).

    • Greek geographer Claudius Ptolemy (150 CE) described Palur as an important port of Kalinga and referred to it as ‘Paloura’.
    • This port was situated close to the ‘point of departure’ located outside the southern tip of the lake at Kantiagarh, from where ships used to sail directly for Southeast Asia.
    • Stone anchors and hero stones from Manikapatna, Palur and the adjoining onshore regions of the Chilika suggest that the present brackish water lagoon was in fact a part of the Bay of Bengal.
    • Chinese pilgrim Xuanzang (7th century CE) recorded ‘Che-li-ta-lo-Ching’ as a flourishing port.
    • This port was located at Chhatargarh on the banks of the Chilika.
    • The Brahmanda Purana (10th century CE approximately) says the Chilika was an important centre of trade and commerce, with ships sailing to Java, Malaya and Ceylon.
    • The famous Sanskrit poet Kalidas called the king of Kalinga ‘Madhodhipati’ or ‘Lord of the Ocean’.

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  • Climate Change Impact on India and World – International Reports, Key Observations, etc.

    Early bud-break genes and climate change

    Prelims Only | Science Tech | Mains Paper 3: Awareness in various sc and tech fields

    Changing climate has transformed the time spring unfolds in front of us.

    Early bud-break

    • Bud-break — which is when trees leaf out — has undergone a change.
    • Several trees initiate bud-break too early or too late, which affects the harvest.
    • Spring, for example, arrived earlier than usual in Kashmir this year due to higher temperatures in February and March.
    • Gul-tour, a spring-flowering herb started blooming in mid-February in Kashmir. Its yellow flowers would usually blossom in March, heralding Spring.

    Try this PYQ:

    Q.Other than resistance to pests, what are the prospects for which genetically engineered plants have been created?

    1. To enable them to withstand drought
    2. To increase the nutritive value of the produce
    3. To enable them to grow and do photosynthesis in spaceships and space stations
    4. To increase their shelf life

    Select the correct answer using the code given below

    (a) 1 and 2 only

    (b) 3 and 4 only

    (c) 1, 2 and 4 only

    (d) 1, 2, 3 and 4

    Answer: (d)

    What causes early bud-break?

    • This is why understanding the genetics of bud-break helps scientists modify or select crop varieties that can be more resilient to the climate threat.
    • The properties of transcription factors are genes that regulate other genes by binding to deoxyribonucleic acid and giving activation instructions.
    • It helps scientists determine what other genes might be involved in a process such as a bud-break.

    EBB genes

    • Researchers of the study had earlier identified transcription factors for early bud-break 1 (EBB1) and short vegetative phase (SVL), which directly interact to control bud-break.
    • EBB1 is a positive regulator of bud-break, whereas SVL is a negative regulator of bud-break.
    • Now, the research team has identified and characterized the early bud-break 3 (EBB3) gene.

    Identified mechanism of Bud-break

    • EBB3 is a temperature-responsive, positive regulator of bud-break that provides a direct link to activation of the cell cycle during bud-break.
    • EBB3 provides a direct link through the signalling pathway for how these cells divide.
    • The analysis reveals how particular genes activate through the season or in response to specific environmental factors.

    Significance of the study

    • New approaches for accelerated tree adaptation to climate change helps ensure bud-break happens at the right time each spring.
    • Using their understanding of the genetic pathways that control bud-break, scientists hope to genetically modify crops to adapt to warmer winters and unpredictable frosts.

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  • Climate Change Negotiations – UNFCCC, COP, Other Conventions and Protocols

    What to consider before India takes ‘net-zero’ pledge

    op-ed snap | Enviro & Biodiversity | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia

    There are several issues with the adoption of net zero-emission targets. One of the most important being the lack of equity. This article deals with this issue.

    About net-zero emission targets

    • The “net zero” idea is inspired by an IPCC report that calls for global net emissions – GHG emissions minus removal of GHGs through various means to reach zero by mid-century.
    • This builds on a clause in the Paris Climate Agreement, calling for a balance between sources and sinks of emissions by the second half of the century.
    • It is worth underscoring that none of this implies that each country has to reach net-zero by 2050.
    • Net-zero announcements signals a progressive direction of travel and has the apparent merit of presenting a simple and singular benchmark for assessing the performance of a country.

    3 Issues with net zero targets

    • First, it potentially allows countries to keep emitting today while relying on yet-to-be-developed and costly technologies to absorb emissions tomorrow.
    • Second, its focus on long-term targets displaces attention from meaningful short-term actions that are credible and accountable.
    • Third., it calls into question concerns of equity and fairness.

    Balancing the concerns of developing and developed countries

    • The Paris Agreement, while urging global peaking as soon as possible, explicitly recognises that peaking will take longer for developing countries.
    • The Paris Agreement calls for achieving balance in developing and developed nation “on the basis of equity” and in the context of “sustainable development and efforts to eradicate poverty”.
    • Therefore, the Paris Agreement does not advocate uptake of net-zero targets across developed and developing countries, as currently being advocated by many countries.
    • Rather, the emphasis in the agreement on equity, sustainable development and poverty eradication suggests a thoughtful balancing of responsibilities between developed and developing countries.

    Factors India should consider before taking zero-emission target

    • Our first nationally determined contribution (NDC) submitted under the Paris Agreement has been rated by observers as compatible with a 2 degrees Celsius trajectory.
    • We are ahead of schedule in meeting our contribution.
    • Now, India will need to decide whether to join a growing number of countries (over 120 at last count) that have pledged to reach “net zero” emissions by 2050.
    • But it is not clear that enhancing mitigation action can definitively deliver net-zero emissions by 2050, given that our emissions are still rising, and our development needs are considerable.
    • There is a possibility that a not fully thought-through mid-century net-zero target would compromise sustainable development.
    • Moreover, such a major shift in our negotiating position will have implications for the future, including our ability to leverage additional finance and technology to help shift to low-carbon development pathways.
    • Our 2 degrees Celsius compatible NDC, bolstered by the Prime Minister’s announcement in 2019 that we would achieve 450 GW of renewables by 2030, could be strengthened.
    • Building on this track record suggests an alternate and equally, if not more, compelling, way to indicate climate ambition in the future than uncritically taking on a net-zero target.

    Way forward

    • We would benefit from taking stock of our actions and focusing on near-term transitions.
    • This will allow us to meet and even over-comply with our 2030 target while also ensuring concomitant developmental benefits, such as developing a vibrant renewable industry.
    • We can start putting in place the policies and institutions necessary to move us in the right direction for the longer-term and also better understand the implications of net-zero scenarios before making a net-zero pledge.
    • It would also be in India’s interest to link any future pledge to the achievement of near-term action by industrialised countries.
    • That would be fair and consistent with the principles of the UNFCCC.

    Consider the question “Growing number of countries have been setting net-zero emission target. In light of this, examine the issues India should consider before setting itself the net zero emission targets.”

    Conclusion

    India, like others, have a responsibility to the international community, we also have a responsibility to our citizens to be deliberate and thoughtful about a decision as consequential as India’s climate pledge.

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  • Foreign Policy Watch: India-Bangladesh

    Enhancing the Indo-Bangladesh cooperation

    op-ed snap | International Relations | Mains Paper 2: India & Its Neighborhood – Relations

    The article highlights the areas of cooperations and issues between the India and Bangladesh as it celebrates the golden jubilee of its independence from Pakistan.

    New era of cooperation

    • In the last decade, India-Bangladesh relations have warmed up, entering a new era of cooperation.
    • These ties have moved beyond historical and cultural ties to become more assimilated in the areas of trade, connectivity, energy, and defence.
    • Bangladesh and India have achieved the rare feat of solving their border issues peacefully by ratifying the historic Land Boundary Agreement in 2015.
    • The Bangladesh government led by Prime Minister Sheikh Hasina has uprooted anti-India insurgency elements from its borders.

    Bilateral trade and tourism

    • Bangladesh today is India’s biggest trading partner in South Asia with exports to Bangladesh in FY 2018-19 at $9.21 billion and imports at $1.04 billion.
    • India has offered duty free access to multiple Bangladeshi products.
    • While India has given duty-free access to a number of Bangladeshi goods, its physical enormity precludes circumstances that could have Bangladesh enhance the quantum of exports.
    • Trade could be more balanced if non-tariff barriers from the Indian side could be removed.
    • Bangladeshis make up a large portion of tourists in India with one in every five tourists being a Bangladeshi.
    • Bangladesh accounts for more than 35% of India’s international medical patients and contributes more than 50% of India’s revenue from medical tourism.

    Cooperation on development

    • India extended three lines of credit to Bangladesh in recent years amounting to $8 billion for the construction of roads, railways, bridges, and ports.
    • However, in eight years until 2019, only 51% of the first $800 million line of credit has been utilised.
    • Barely any amount from the next two lines of credit worth $6.5 billion has been mobilised.
    • This has been mostly due to red-tapism from India’s end, and slow project implementation on Bangladesh’s end.

    Connectivity

    • Connectivity between the two countries has greatly improved.
    • A direct bus service between Kolkata and Agartala runs a route distance of 500 km, as compared to the 1,650 km if it ran through the Chicken’s Neck to remain within India.
    • There are three passenger and freight railway services running between the two countries, with two more routes on their way to be restored.
    • The inauguration of the Chilahati-Haldibari railway link has been a significant move in enhancing connectivity between the countries.
    • Recently, a 1.9 kilometre long bridge, the Maitri Setu, was inaugurated connecting Sabroom in India with Ramgarh in Bangladesh.
    • Bangladesh allows the shipment of goods from its various ports.
    • This allows landlocked Assam, Meghalaya and Tripura to access open water routes through the Chattogram and Mongla ports.

    Issues

    • Despite the remarkable progress, the unresolved Teesta water sharing issue looms large.
    • While smuggling needs to be dealt with firmly, it is not acceptable for Bangladeshis that rather than apprehending people trying to make an illegal entry into India, the BSF has been shooting them.
    • Indian government’s proposal to implement the National Register of Citizens across the whole of India reflects poorly on India-Bangladesh relations.

    Way forward

    • India-Bangladesh relations have been gaining positive momentum over the last decade.
    • As the larger country, the onus is on India to be generous enough to let the water flow and ensure that people are not killed on the border for cattle.

    Consider the question “As Bangladesh celebrates the golden jubilee of its independence, it is also time for celebrating the enduring Indo-Bangladesh ties despite hiccups that have sometimes disturbed the waters. In light of this, examine the areas of cooperation and issues between the two countries.“

    Conclusion

    To make the recent gains irreversible, both countries need to continue working on the three Cs — cooperation, collaboration, and consolidation

    Source:

    https://www.thehindu.com/opinion/op-ed/remove-the-wedges-in-india-bangladesh-ties/article34163863.ece

    https://indianexpress.com/article/opinion/columns/india-bangladesh-relations-narendra-modi-visit-7245361/

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  • Electoral Reforms In India

    Here is why the electoral bonds scheme must go

    op-ed snap | Polity | Mains Paper 2: Government Scheme/Policies

    The article highlights the constitutional objections to the electoral bond scheme.

    Context

    • The Supreme Court, after a brief hearing on March 24, reserved orders on the question of whether or not to stay the electoral bond scheme, ahead of the upcoming State elections.

    Issues

    1) Against democracy

    • When citizens cast their votes they have the right to do so on the basis of full and complete information.
    • And there is no piece of information more important than the knowledge of who funds political parties.
    • The Indian Supreme Court has long held — and rightly so — that the “right to know”, especially in the context of elections, is an integral part of the right to freedom of expression under the Indian Constitution.
    • By keeping this knowledge from citizens and voters, the electoral bonds scheme violates fundamental tenets of our democracy.

    2) Aids role of money in influencing politics

    • It is equally important that if a democracy is to thrive, the role of money in influencing politics ought to be limited.
    • In many advanced countries, for example, elections are funded publicly.
    • The purpose of this is to guarantee a somewhat level playing field, so that elections are a battle of ideas and not money.
    • The electoral bonds scheme, however, removes all pre-existing limits on political donations, and effectively allows well-resourced corporations to buy politicians by paying immense sums of money.

    3) Creates asymmetry in donation

    • Electoral bonds allow receiving limitless donation and that too asymmetrically.
    •  Since the donations are routed through the State Bank of India, it is possible for the government to find out who is donating to which party, but not for the political opposition to know.
    • This, in turn, means that every donor is aware that the central government can trace their donations back to them.
    • Statistics bear this out: a vast majority of the immensely vast sums donated through multiple electoral cycles over the last three years, have gone to the ruling party.

    Issues with the government’s defence

    • The government has attempted to justify the electoral bonds scheme by arguing that its purpose is to prevent the flow of black money into elections.
    •  It is entirely unclear what preventing black money has to do with donor anonymity, making donations limitless, and leaving citizens in the dark.
    • Indeed, as the electoral bonds scheme allows even foreign donations to political parties.
    • With this the prospects of institutional corruption including by foreign sources increases with the electoral bonds scheme, instead of decreasing.

    Constitutional objections

    • The objections to the electoral bonds scheme, highlighted above, are not objections rooted in political morality, or in public policy, they are constitutional objections.
    • The right to know has long been enshrined as a part of the right to freedom of expression.
    • Uncapping political donations and introducing a structural bias into the form of the donations violate both the guarantee of equality before law, as well as being manifestly arbitrary.

    Judiciary must act

    • Governments derive their legitimacy from elections.
    • However, for just that reason the process that leads up to the formation of the government should be policed with particular vigilance.
    • In other words, the electoral legitimacy of the government is questionable if the electoral process has become questionable.
    • The courts is the only independent body that can adequately umpire and enforce the ground rules of democracy.

    Consider the question “How electoral bond scheme can play role in preventing black money in elections? What are the issues with the electoral bond scheme? 

    Conclusion

    The government should take into account the distorting effect of the electoral bonds scheme and take measures to remove the provisions in the scheme that leaves the scope for its misuse.

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  • Women empowerment issues – Jobs,Reservation and education

    SC bats for women officers in Army

    SC Judgements | Indian Society | Mains Paper 1: Role Of Women & Women Organization

    The Supreme Court has held that the Army’s “selective” evaluation process discriminates against and disproportionately affects women short service commission officers seeking a permanent commission.

    Must read

    [Burning Issue] Women in Armed Forces

    What did the Court say?

    • The Court held the view that the evaluation criteria set by the Army constituted systemic discrimination against the petitioners (women officers).
    • The evaluation pattern of women officers has caused them economic and psychological harm.
    • In a series of directions, the court ordered that the cases of women officers who have applied for the permanent commission should be reconsidered in a month and the decision on them should be given in two months.

    Asks for permanent commission

    • They would be considered for permanent commission subject to disciplinary and vigilance clearance.
    • The court said physical standards should be kept at a premium during selection.
    • The court highlighted how one of the Army’s “administrative requirements” was to benchmark women officers, under consideration for permanent commission, with male officers who are lowest in merit.
    • This is arbitrary and irrational, said Justice Chandrachud.

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  • Forest Conservation Efforts – NFP, Western Ghats, etc.

    Amendments to the Forest (Conservation) Act, 1980

    | Enviro & Biodiversity | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia

    The Union Ministry of Environment, Forest and Climate Change has proposed several amendments to the Forest (Conservation) Act, 1980 (FCA), which may enable infrastructure projects to come up in the forest areas more easily.

    What are the amendments?

    • They propose to grant exemptions to railways, roads, tree plantations, oil exploration, wildlife tourism and ‘strategic’ projects in forests.
    • The proposal also aims to empower state governments to lease forest land to private individuals and corporations.
    • If the proposed amendments come into force, they would dilute the provisions of the landmark 1996 decision of the Supreme Court in Godavarman

    The amendments, however, propose two changes to strengthen the applicability of the FCA, according to the documents accessed:

    1. To complete the process of forest identification in a time-bound manner
    2. To enable the creation of ‘no-go’ areas, where specific projects would not be allowed

    The Forest (Conservation) Act, 1980

    The FCA is the principal legislation that regulates deforestation in the country.

    • It prohibits the felling of forests for any “non-forestry” use without prior clearance by the central government.
    • The clearance process includes seeking consent from local forest rights-holders and from wildlife authorities.
    • The Centre is empowered to reject such requests or allow it with legally binding conditions.
    • In a landmark decision in 1996, the Supreme Court had expanded the coverage of FCA to all areas that satisfied the dictionary definition of a forest; earlier, only lands specifically notified as forests were protected by the enforcement of the FCA.

    The FCA is brief legislation with only five sections of which-

    • Section 1 defines the extent of coverage of the law,
    • Section 2 restrictions of activities in forest areas and the rest deals with the creation of advisory committees, powers of rule-making and penalties.

    Key propositions of the Amendment

    The proposed amendments seek to make additions and changes to Section 1 and 2.

    (1) Concessions to survey and exploration

    • In the proposed new section 1A, a provision has been added to exempt the application of FCA on forest land that is “used for underground exploration and production of oil and natural gas through Extended Reach Drilling (ERD) originating outside forest land.”
    • The exemption is subject to terms and conditions laid down by the central government.
    • A new explanation added to Section 2 says that “survey, reconnaissance, prospecting, exploration or investigation” for future activity in the forest will not be classified as a “non-forestry activity”.
    • This means such survey works would not require any prior permission from the government.

    The only exception is if the activity falls within a wildlife sanctuary, national park or tiger reserve.

    (2) Exemptions to Railways and roads inside forests

    • Land acquired by the railways for establishing a rail line or a road by a government agency before 25.10.1980 (the day the FCA was passed) would be exempted from seeking a forest clearance — if they put the land to the same use for which it was acquired.
    • This is included in a provision in the proposed section 1A.
    • The exemption is subject to terms and conditions that the central government will lay down through guidelines, which include planting trees to compensate for the loss of forests.

    (3) Leases on forest land

    • Section 2(iii) of the FCA requires the central government’s approval before assigning forest lands on lease to any private person/corporation/organisation not owned or controlled by the central government.
    • This clause, however, has purportedly been deleted in the proposed amendment.
    • This may mean that state governments can issue leases for the use of forest land without the Centre’s prior approval.

    (4) Exemptions to plantations

    • A new explanation to Section 2 proposes to exempt plantation of native species of palm and oil-bearing trees from the definition of “non-forest purpose”.
    • Since the FCA applies to the conversion of forest land to “non-forest purpose”, this proposed amendment would effectively mean that anyone who wants to clear a natural forest to raise such plantations would not require any approval from the government.
    • The government will only impose conditions for compensatory afforestation and payment of other levies and compensations.

    (5) Exemptions to wildlife tourism, training infrastructure

    • The FCA classifies activities related to wildlife conservation as “non-forestry” purposes, which means such activities — building checkpoints, communication infrastructure, fencing, boundary, etc — which include do not need a forest clearance.
    • The proposed amendment claims to add to this list “forest and wildlife training infrastructure” and the “establishment of zoos and safaris” managed by the government or any authority under the Wildlife Protection Act, 1972.
    • It may also add ecotourism facilities approved under the Forest Working Plan or Working Scheme approved by the central government.

    (6) States may grant forest clearance for strategic / security projects

    • The proposed Section 2A may empower the central government to provide for state government approval for projects on forest land for “strategic” or security projects of “national importance”, according to the documents accessed.
    • There is no clarity on the scope of these terms, or on the determination of national importance, or illustrative examples of such projects.

    Limiting the coverage of the Supreme Court’s decision

    • The Supreme Court in Godavarman Case 1996 had held that the meaning of “forest” under the FCA would include not only statutorily recognised forests.
    • It would include any area recorded as forest in government records, regardless of ownership.
    • The restrictions in the FCA would, therefore, be applicable to both de jure and de facto

    The proposed amendment purportedly seeks to reduce the scope of this judgment by limiting the applicability of the FCA to only such land that has been:

    • Declared or notified as forest under the Indian Forest Act, 1927
    • Recorded as forest land in the government record prior to 25 October 1980, with the exception of such land if its use has been changed from forest to non-forest purpose prior to 12 December 1996
    • Identified as “forest” by a state government expert committee up to one year from the date of the amendment.

    The judgment interpreted the Act as it stood then. The addition of a specific definition thus limits the scope of the judgment. De facto forests are, therefore, excluded from the purview of the FCA.

    Creation of ‘No-Go’ areas

    • The proposed amendment inserts a new Section 2B, which will allow the central government to delineate forest areas where conversion to specific non-forest uses would not be permitted for a fixed period of time.
    • The delineation would be based on the basis of pre-defined criteria.
    • This could mean, for instance, that a certain dense forest would not be allowed to be converted to a coal mine for the next 30 years, but it could be allowed to be cleared for a thermal power plant.
    • In the Godavarman case, the Supreme Court had directed states to set up expert committees to draw up a list of forests that were not notified under the Indian Forest Act, 1927 (IFA), but deserved to be protected by the FCA.
    • Several states are yet to comply with this requirement.

    Impact

    • The proposed Section 1A(ii) excludes from the purview of the FCA those forests which were described as such in government records (but not notified under the IFA).
    • The Karnataka High Court recently dealt with a matter wherein the state government had passed several orders to de-notify lands classified as “state forest” (but not notified under IFA), and to divert them for non-forest purposes.
    • The lands were then allotted for the rehabilitation of displaced people. The state government completed this process of dereservation of reserved forests in 2017.
    • On March 4, 2021, the high court struck down actions of the state government for not taking “prior approval of the central government” as required under Section 2 of the FCA.
    • It recommended criminal action against any officers responsible for allowing non-forest use of forest land.

    What lies ahead?

    • If the proposed amendment is enacted, the insertion of Section 1A(ii) would exempt the application of the FCA to the land which was converted to non-forest use by the Karnataka government.
    • The exemption of zoos and safaris from “non-forest purpose” comes a year after the government proposed to open a zoo in Mumbai’s Aarey forest and a tiger safari in Madhya Pradesh led to objections from biologists.
    • While state governments may certainly continue to seek dilution of the FCA during enforcement, the removal of the requirement of central government approval is a step towards a dilution of restrictions on forest land use.

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  • Judicial Appointments Conundrum Post-NJAC Verdict

    Vacancies in High Courts

    | Polity | Mains Paper 2: Executive & Judiciary

    The Supreme Court has asked the government to clarify on the status of 55 recommendations made by the Collegium for judicial appointments to various High Courts six months to nearly a year-and-a-half ago.

    What is the news?

    HC Vacancies

    • The total sanctioned judicial strength in the 25 High Courts is 1,080.
    • However, the present working strength is 661 with 419 vacancies as on March 1.
    • The Supreme Court has been repeatedly conveying to the government its growing alarm at the judicial vacancies in High Courts.
    • Some of these High Courts are functioning only with half their sanctioned judicial strength.
    • On average, the courts suffered at least 40% judicial vacancies.

    What is the Collegium System?

    • The Collegium of judges is the Indian Supreme Court’s invention.
    • It does not figure in the Constitution, which says judges of the Supreme Court and High Courts are appointed by the President and speaks of a process of consultation.
    • In effect, it is a system under which judges are appointed by an institution comprising judges.
    • After some judges were superseded in the appointment of the CJI in the 1970s, and attempts made subsequently to effect a mass transfer of High Court judges across the country.
    • Hence there was a perception that the independence of the judiciary was under threat. This resulted in a series of cases over the years.

    Try this PYQ:

    Q.With reference to the Constitution of India, consider the following statements:

    1. No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid.
    2. An amendment to the Constitution of India cannot be called into question by the Supreme Court of India.

    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

     

    Answer: (d)

    The Judges Cases

    • The First Judges Case (1981) ruled that the “consultation” with the CJI in the matter of appointments must be full and effective.
    • However, it rejected the idea that the CJI’s opinion, albeit carrying great weight, should have primacy.
    • The Second Judges Case (1993) introduced the Collegium system, holding that “consultation” really meant “concurrence”.
    • It added that it was not the CJI’s individual opinion, but an institutional opinion formed in consultation with the two senior-most judges in the Supreme Court.
    • 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 is 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.

    Does the Collegium recommend transfers too?

    • Yes, the Collegium also recommends the transfer of Chief Justices and other judges.
    • Article 222 of the Constitution provides for the transfer of a judge from one High Court to another.
    • When a CJ is transferred, a replacement must also be simultaneously found for the High Court concerned. There can be an acting CJ in a High Court for not more than a month.
    • In matters of transfers, the opinion of the CJI “is determinative”, and the consent of the judge concerned is not required.
    • However, the CJI should take into account the views of the CJ of the High Court concerned and the views of one or more SC judges who are in a position to do so.
    • All transfers must be made in the public interest, that is, “for the betterment of the administration of justice”.

    Loopholes in the Collegium system

    • Many have faulted the system, not only for its being seen as something unforeseen by the Constitution makers but also for the way it functions.
    • Opaqueness and a lack of transparency, and the scope for nepotism are cited often.
    • The attempt made to replace it by a ‘National Judicial Appointments Commission’ was struck down by the court in 2015 on the ground that it posed a threat to the independence of the judiciary.
    • Some do not believe in full disclosure of reasons for transfers, as it may make lawyers in the destination court chary of the transferred judge.
    • Embroilment in public controversies and having relatives practising in the same High Court could be common reasons for transfers.

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  • Civil Services Reforms

    [pib] Mission Karmayogi

    PIB | Governance | Mains Paper 2: Civil Service

    The Union Minister of Personnel, Public Grievances & Pensions has informed about the Mission Karmayogi to Parliament.

    Try this MCQ:

    Q.The Mission Karmayogi recently seen in news is related to:

    a) EPFO reforms

    b) Labour laws reforms

    c) Civil Services reforms

    d) Artisans and Handicrafts

    Mission Karmayogi

    • The mission is established under the National Programme for Civil Services Capacity Building (NPCSCB).
    • It is aimed at building a future-ready civil service with the right attitude, skills and knowledge, aligned to the vision of New India.
    • It is meant to be a comprehensive post-recruitment reform of the Centre’s human resource development, in much the same way as the National Recruitment Agency approved last week is pre-recruitment reform.

    Why such a mission?

    • The capacity of Civil Services plays a vital role in rendering a wide variety of services, implementing welfare programs and performing core governance functions.

    Major undertakings of the scheme

    • The scheme will cover 46 lakh, Central government employees, at all levels, and involve an outlay of ₹510 crores over a five-year period, according to an official statement.
    • The programme will support a transition from “rules-based to roles-based” HR management so that work allocations can be done by matching an official’s competencies to the requirements of the post.
    • Apart from domain knowledge training, the scheme will focus on “functional and behavioural competencies” as well, and also includes a monitoring framework for performance evaluations.
    • Eventually, service matters such as confirmation after the probation period, deployment, work assignments and notification of vacancies will all be integrated into the proposed framework.
    • The capacity building will be delivered through the iGOT Karmayogi digital platform, with content drawn from global best practices rooted in Indian national ethos.

    Apex bodies under the mission

    • The Prime Minister’s Public Human Resource Council will be set up as the apex body to direct the reforms.
    • There will be an autonomous Capacity Building Commission to be established to manage the reformed system and harmonize training standards across the country so that there is a common understanding of India’s aspirations and development goals.
    • A wholly government-owned, not-for-profit special purpose vehicle will be set up to own and operate the digital platform and its content.

    Answer: C

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