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  • Protest should not hinder traffic: SC

    The Supreme Court took a nuanced stand saying farmers have the right to protest but the agitation should not hinder traffic or public movement.

    Right to Protest

    • When a group, community, or even a person goes up to protest, it is usually to showcase their disapproval or demur against any action, policy, statement, etc of state or government or any organization.
    • Mostly the flow of protest is driven through political waves that also demonstrate the collective organization of people to make the government or state address their issues and take steps to overcome them.
    • In India, the right to protest is the manifestation of the right to freedom of assembly, the right to freedom of association, and the right to freedom of speech.

    Constitutional Backing

    • Article 19(1) states that All citizens shall have the right:

    (a) to freedom of speech and expression;

    (b) to assemble peaceably and without arms;

    (c) to form associations or unions;

    (d) to move freely throughout the territory of India;

    (e) to reside and settle in any part of the territory of India; and

    (f) omitted

    (g) to practice any profession, or to carry on any occupation, trade or business

    Reasonable restrictions on Protest

    • Article 51A makes it a fundamental duty for every person to safeguard public property and to avoid violence during the protests and resorting to violence during public protests results in infringement of key fundamental duty of citizens.
    • Article 19(1)(b) states about the right to assemble peaceably and without arms. Thereby, the right to peaceful protest is bestowed to Indian citizens by our Constitution.
    • Article 19(2) imposes a restriction on a person to prevent him from making a defamatory statement which defames the reputation of another person.
    • Article 19(3): The reasonable restrictions are imposed in the interests of the sovereignty & integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation, or incitement to an offense.

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  • Delhi’s new Smog Tower

    Ahead of its infamous smog season, Delhi has got a ‘smog tower’, a technological aid to help combat air pollution.

    What are Smog Towers?

    • Smog towers are structures designed to work as large-scale air purifiers. They are fitted with multiple layers of air filters and fans at the base to suck the air.
    • After the polluted air enters the smog tower, it is purified by the multiple layers before being re-circulated into the atmosphere.

    Structure of the Delhi smog tower

    • The structure is 24 m high, about as much as an 8-storey building — an 18-metre concrete tower, topped by a 6-metre-high canopy. At its base are 40 fans, 10 on each side.
    • Each fan can discharge 25 cubic metres per second of air, adding up to 1,000 cubic metres per second for the tower as a whole. Inside the tower in two layers are 5,000 filters.
    • The filters and fans have been imported from the United States.

    How does it work?

    • The tower uses a ‘downdraft air cleaning system’ developed by the University of Minnesota.
    • Polluted air is sucked in at a height of 24 m, and filtered air is released at the bottom of the tower, at a height of about 10 m from the ground.
    • When the fans at the bottom of the tower operate, the negative pressure created sucks in air from the top.
    • The ‘macro’ layer in the filter traps particles of 10 microns and larger, while the ‘micro’ layer filters smaller particles of around 0.3 microns.
    • The downdraft method is different from the system used in China, where a tower uses an ‘updraft’ system — air is sucked in from near the ground, and is propelled upwards by heating and convection.
    • Filtered air is released at the top of the tower.

    Likely impact

    • Computational fluid dynamics modelling suggests the tower could have an impact on the air quality up to 1 km from the tower.
    • The actual impact will also determine how the tower functions under different weather conditions, and how levels of PM2.5 vary with the flow of air.

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  • [pib] Bhuvan Yuktdhara Portal

    A new portal under Bhuvan “Yuktdhara” has been released to facilitate planning of new MGNREGA assets using Remote Sensing and GIS based information.

    Bhuvan Yuktdhara Portal

    • Yuktdhara is a geospatial planning portal meant for facilitating Gram Panchayat level planning of MGNREGA activities across India.
    • Portal integrates a wide variety of spatial information contents to enable a holistic approach towards planning using open-source GIS tool.
    • Subsequent to pan Indian initiative of geo-tagging assets created under Mahatma Gandhi NREGA, harnessing the strength of GIS for identifying upcoming activities and their locations was a natural corollary.

    Features of the portal

    • The current level of integration under Yuktdhara, as part of Bhuvan, incorporates multi-temporal IRS satellite data of better than 3M detail in natural color, digital terrain, thematic layers as wed as locations of MGNREGA works and watershed management assets.
    • The interface currently has a Gram Panchayat-specific logo to address planning as well as approval mechanisms intended to ensure the evaluation and acceptance of proposed activities.
    • This will be enhanced for other levels of users gradually.
    • Access for other Gram Panchayat will be facilitated at the earliest, by addressing the case multiple logins created for geotagging and moderation.

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    Back2Basics: MGNREG Scheme

    • The MGNREGA stands for Mahatma Gandhi National Rural Employment Guarantee Act of 2005.
    • This is labour law and social security measure that aims to guarantee the ‘Right to Work’.
    • The act was first proposed in 1991 by P.V. Narasimha Rao.

    The objectives of the MGNREGA are:

    • To enhance the livelihood security of the rural poor by generating wage employment opportunities.
    • To create a rural asset base that would enhance productive ways of employment, augment and sustain a rural household income.

    Features of the program

    • MGNREGA is unique in not only ensuring at least 100 days of employment to the willing unskilled workers, but also in ensuring an enforceable commitment on the implementing machinery i.e., the State Governments, and providing a bargaining power to the labourers.
    • The failure of provision for employment within 15 days of the receipt of job application from a prospective household will result in the payment of unemployment allowance to the job seekers.
    • Employment is to be provided within 5 km of an applicant’s residence, and minimum wages are to be paid.
    • Thus, employment under MGNREGA is a legal entitlement.

  • Person in news: Sree Narayana Guru

    The Prime Minister has paid tributes to Sree Narayana Guru on his Jayanti.

    Sree Narayana Guru (1856-1928)

    • Narayana Guru was a philosopher, spiritual leader and social reformer in India.
    • He led a reform movement against the injustice in the caste-ridden society of Kerala in order to promote spiritual enlightenment and social equality.

    His legacy:

    Temple Entry

    • He was in the forefront of the movement for universal temple entry and against the societal ills like the social discrimination of untouchables.
    • He gave the famous slogan “One Caste, One Religion, One God for All”.
    • In 1888, he built a temple dedicated to Lord Shiva at Aruvippuram which was against the caste-based restrictions of the time.
    • In one temple he consecrated at Kalavancode, he kept mirrors instead of idols. This symbolised his message that the divine was within each individual.

    Untouchability

    • The social protest of Vaikom Satyagraha (1924-25) was an agitation by the lower caste against untouchability in Hindu society of Travancore.
    • He taught equality but felt the inequalities should not be exploited to carry out conversions and therefore generate strife in society.

    Philosophy

    • Sree Narayana Guru became one of the greatest proponents and re-evaluators of Advaita Vedanta, the principle of non-duality put forward by Adi Shankara.

    Answer this PYQ:

    Q.Which one of the following pairs does not form part of the six systems of Indian Philosophy?

    (a) Mimamsa and Vedanta

    (b) Nyaya and Vaisheshika

    (c) Lokayata and Kapalika

    (d) Sankhya and Yoga

     

    [wpdiscuz-feedback id=”k8wz5imcou” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

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  • Places in news: Indira Point

    The Swarnim Vijay Varsh Victory Flame was taken to Indira Point, the southernmost tip of the country on August 22, 2021, as part of its voyage to the Nicobar Group of Islands.

    Indira Point

    • Indira Point is the southernmost point of Indian Territory.
    • It is a village in the Nicobar district at Great Nicobar Island of Andaman and Nicobar Islands in India.
    • Rondo Island, Indonesia’s northernmost island in Sabang district of Aceh province of Sumatra, lies 163 km south of Little Andaman Island and 145 km or 80 nautical miles from Indira point.
    • The point was formerly known as Pygmalion Point and Parsons Point. It was renamed in honour of Indira Gandhi during mid-1980s.
    • Galathea National Park and Lighthouse are the major attractions here.

    India and Indonesia are upgrading the deep sea port Sabang under the strategic military and economic collaboration to protect the channel between Great Nicobar Island and Rondo Island which is 612 km or 330 nautical miles from Indira Point.

    What is Swarnim Vijay Varsh?

    • It marks the 50th anniversary of the 1971 India-Pakistan war.
    • Vijay Diwas is celebrated every year on December 16 to mark India`s triumph in liberating Bangladesh.
    • The journey of the Victory Flame is taken from north to south corners of India.

  • What Indian lawmaking needs: More scrutiny, less speed

    Context

    The recent Monsoon Session of Parliament is proof that the speed of passing laws trumps their rigorous scrutiny in our legislative process.

    Issues with lawmaking process in India

    1) Avoiding pre-legislative scrutiny

    • In our parliamentary system, a majority of laws originate from the government.
    • Each ministry decides the path its legislative proposals will take from ideation to enactment.
    • For example, last year, the Shipping Ministry requested public feedback on the two bills — Marine Aids and Inland Vessels.
    • This mechanism enables the strengthening of the legal proposal through stakeholder inputs before being brought to Parliament.
    • However, ministries expedite their bills by not putting them through a similar pre-legislative scrutiny process.

    2) Misuse of Ordinance route

    • Over the years, successive governments have exploited the spirit of this constitutional provision.
    • Governments have promulgated an ordinance a few days before a parliamentary session, cut a session short to issue one, and pushed a law that is not urgent through the ordinance route.
    •  But the executive sometimes fails to follow through on the legislative urgency.
    • Bringing in law through the ordinance route also bypasses parliamentary scrutiny.
    • But parliamentary committees rarely scrutinise bills to replace ordinances because this may take time and defeat the issuing of the ordinance.
    • Over the last few years, bills like GST, Consumer Protection, Insolvency and Bankruptcy, Labour Codes, Surrogacy, and DNA Technology have benefited from parliamentary committees’ scrutiny.
    • Their closed-door technical deliberations, inputs from ministry officials, subject-matter experts, and ordinary citizens have strengthened government bills.

    3) Delay in rule framing

    • Unnecessary urgency in getting laws passed by Parliament does not result in their immediate implementation.
    • For the law to work on the ground, the government is supposed to frame rules.
    • Last year the Cabinet Secretary twice requested the personal intervention of secretaries heading the Union ministries to frame regulations for bringing into force the laws made by Parliament.
    • Before the Monsoon Session, he wrote a follow-up letter on similar lines to his colleagues.

    Implication of fast-tracking the law-making

    • Difficulty in achieving desired outcomes: Hurriedly-made and inadequately-scrutinised laws hardly ever achieve their desired outcomes.
    • Wastage of time of legislature: Enacting statutes without proper scrutiny also wastes the legislature’s time when the government approaches Parliament to amend such laws.
    • Loss of opportunity: But the unmeasurable cost of a poorly-made law is in the loss of opportunity to an entire nation that has to comply with it.

    Way forward

    • The government must ensure that it identifies the gaps in our legal system proactively.
    • All its bills should go through pre-legislative scrutiny before being brought to Parliament.
    • The legislature, on its part, should conduct in-depth scrutiny of government bills.
    • Mandatory scrutiny of bills by parliamentary committees should become the rule and not the exception.

    Conclusion

    India is in urgent need of course correction in its legislating process. What we need is a robust law-making process.

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  • National Monetization Pipeline

    The Union Finance Minister has launched the National Monetization Pipeline for the brownfield infrastructure assets.

    What is Asset Monetization?

    • Asset Monetization involves the creation of new sources of revenue by unlocking of the value of hitherto unutilized or underutilized public assets.
    • Internationally, it is recognized that public assets are a significant resource for all economies.
    • Many public sector assets are sub-optimally utilized and could be appropriately monetized to create greater financial leverage and value for the companies and of the equity that the government has invested in them.
    • This helps in the accurate estimation of public assets which would help in the better financial management of government/public resources over time.

    National Monetization Pipeline (NMP)

    • The NMP comprises a four-year pipeline of the Central Government’s brownfield infrastructure assets.
    • It will serve as a medium-term roadmap for the Asset Monetization initiative of the government, apart from providing visibility for the investors.
    • Incidentally, the 2021-22 Union Budget, laid a lot of emphasis on Asset Monetization as a means to raise innovative and alternative financing for infrastructure.
    • It has to be noted that the government views asset monetization as a strategy for the augmentation and maintenance of infrastructure, and not just a funding mechanism.

    What is the plan?

    • NMP is envisaged to serve as a medium-term roadmap for identifying potential monetization-ready projects, across various infrastructure sectors.
    • It estimates aggregate monetization potential of Rs 6.0 lakh crores through core assets of the Central Government, over a four-year period, from FY 2022 to FY 2025.

    Objectives of the program

    • NMP aims for universal access to high-quality and affordable infrastructure to the common citizen of India.
    • Asset monetization, based on the philosophy of Creation through Monetization, is aimed at tapping private sector investment for new infrastructure creation.
    • This is necessary for creating employment opportunities, thereby enabling high economic growth and seamlessly integrating the rural and semi-urban areas for overall public welfare.
    • The strategic objective of the programme is to unlock the value of investments in brownfield public sector assets by tapping institutional and long-term patient capital.

    Framework

    The framework for core asset monetization has three key imperatives:

    • The pipeline has been prepared based on inputs and consultations from respective line ministries and departments, along with the assessment of total asset base available therein.
    • Monetization through disinvestment and monetization of non-core assets have not been included in the NMP.
    • Further, currently, only assets of central government line ministries and CPSEs in infrastructure sectors have been included.
    • Process of coordination and collation of asset pipeline from states is currently ongoing and the same is envisaged to be included in due course.

    Estimated Potential

    • The aggregate asset pipeline under NMP over the four-year period, FY 2022-2025, is indicatively valued at Rs 6.0 lakh crore.
    • The estimated value corresponds to ~14% of the proposed outlay for Centre under NIP (Rs 43 lakh crore). This includes more than 12-line ministries and more than 20 asset classes.
    • The sectors included are roads, ports, airports, railways, warehousing, gas & product pipeline, power generation and transmission, mining, telecom, stadium, hospitality and housing.
    • The top 5 sectors (by estimated value) capture ~83% of the aggregate pipeline value. These top 5 sectors include: Roads (27%) followed by Railways (25%), Power (15%), oil & gas pipelines (8%) and Telecom (6%).

    Implementation & Monitoring Mechanism

    • As an overall strategy, significant share of the asset base will remain with the government.
    • The programme is envisaged to be supported through necessary policy and regulatory interventions by the Government in order to ensure an efficient and effective process of asset monetisation.
    • These will include streamlining operational modalities, encouraging investor participation and facilitating commercial efficiency, among others.
    • Real time monitoring will be undertaken through the a separate dashboard.

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  • Account aggregators

    Context

    Account Aggregators will enable the use and enrich the quality of information needed for lenders to extend loans without collateral back-up.

    Issue of preference for a collateralised loan in India

    • Demand for credit in India far outstrips institutional supply.
    • Financial Service Providers (FSPs) are well aware of this demand.
    • And they have been looking for ways to provide credit without collateral back-up.
    • Historically, financial service providers (FSPs) like banks and non-bank finance companies (NBFCs) have relied on collateral while making lending decisions.
    • In the absence of collateral pledges, the only way to assess a consumer’s willingness and ability to repay is by examining the prospective borrower’s cash flows.
    • Your bank account statement is a digital representation of your financial life.
    • However, this bank account statement-driven process is highly manual, time-consuming, expensive and fraught with potential for abuse.
    • These shortcomings have held back cash-flow based lending for too long in India.
    •  Borrowers in the country have been underserved because of the preference for collateralized loans.
    • Both FSPs and consumers are in dire need of a seamless digital way of sharing account information.

    Account Aggregator (AA) framework

    • The account aggregator framework announced by the Reserve Bank of India (RBI) promises to solve these problems.
    • It aims to make financial data sharing as easy as making a Unified Payments Interface (UPI) transfer.
    • This is the promise of account aggregation, as envisaged by RBI.
    • Account aggregators (AAs), with their user interface, will play a pivotal role in closing the trust deficit between FSPs and consumers.

    Fenefits of Account Aggregator would work

    • User control over data: They permit users to control who gets access to their data, track and log its movement and reduce the potential risk of leakage in transit.
    • A single-window format allows user-friendly data movement and reduces the need for physical transfers and post-facto attestations.
    • Industry-standard for consent: AAs create a default industry standard for consent that cuts through the dense fine print buried in most privacy policies.
    • Wider data points to rely on: With the security of this data as a given, AAs allow lenders (or other FSPs for that matter) to rely on a wider selection of data points to determine the trustworthiness of a borrower.
    • Through AAs, FSPs have a chance to provide cash-flow based credit, personalized financial management tools, robo-advisory services and many more innovative financial products and services to a wider cross-section of people.

    Conclusion

    By incorporating security, transparency and agility into data sharing, AAs could usher in the most significant transformation of India’s fintech landscape yet.

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  • Supreme Court Collegium shows the way in judicial appointments

    Context

    For the first time ever, the Supreme Court Collegium led by the Chief Justice of India (CJI) recommended/selected as many as nine persons at one go to be appointed to the apex court.

    Significance of the move

    • It is a happy augury that the present CJI, Justice N.V. Ramana, could, along with his colleagues in the Collegium, select the judges within a short period of his assumption of office.
    • It is a tough task to build a consensus around one person or a few persons, the CJI being the head of the Collegium, has an unenviable task in building that consensus.
    • Therefore, it can be said without any fear of contradiction that the job of selecting as many as nine judges for appointment to the Supreme Court was done admirably well.
    •  The latest resolution of the Collegium gave effect to the multiple judicial pronouncements of the top court on the subject.
    • The selection of three women judges, with one of them having a chance to head the top court, a judge belonging to the Scheduled Caste and one from a backward community and the nine selected persons belonging to nine different States, all point towards an enlightened and unbiased approach of the members of the Collegium.
    • A needless controversy is sought to be raised by a section of the media about this round of selection citing the non-existing ‘Rule of Seniority’.

    Various norms to be followed in judicial appointment

    1) Consideration of merit

    • Article 142 (1) contains the concept of ‘complete justice’ in any cause or matter which the Supreme Court is enjoined to deliver upon.
    • So, while selecting a judge to adorn the Bench, the fundamental consideration should be his/her ability to do complete justice.
    • In the Supreme Court Advocates-on-Record Association and Another vs Union of India (1993), the Court spelt out the parameters within which to accomplish the task of selecting candidates for appointment to the higher judiciary.
    • The most crucial consideration is the merit of the candidates.
    • The merit is the ability of the judge to deliver complete justice.

    2) Plurality

    • The nine judges who decided the above case were quite aware of these compelling realities.
    • So, they said, “In the context of the plurastic [pluralistic] society of India where there are several distinct and differing interests of the people with multiplicity of religions, race, caste and community and with the plurality of culture, it is inevitable that all people should be given equal opportunity in all walks of life and brought into the mainstream.”

    3) Transparency

    • India is perhaps the only country where the judges select judges to the higher judiciary.
    • It is, therefore, necessary to make the norms of selection transparent and open.
    •  In 2019, a five judge Bench of the Supreme Court, of which the present CJI was also a member, laid emphasis on this point.
    • The Bench observed: “There can be no denial that there is a vital element of public interest in knowing about the norms which are taken into consideration in selecting candidates for higher judicial office and making judicial appointments”.

    Thus, the essence of the norms to be followed in judicial appointments is a judicious blend of merit, seniority, interests of the marginalised and deprived sections of society, women, religions, regions and communities. 

    Consider the question “What are the various norms to be followed by the Collegium for judicial appointments? What are the issues with Collegium system of judicial appointment?”

    Conclusion

    The Collegium has started doing its job. Now, it is time for the Government to match the pace and take the process of appointments to its logical conclusion at the earliest.

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  • It is time to end judicial feudalism in India

    Context

    The August 11 order of the Himachal Pradesh High Court directed that “hereinafter, all the courts in the state other than the high court shall be referred to as district judiciary”. Furthermore, “these courts shall not be referred to as subordinate court” but as trial courts.

    Issues with the judicial hierarchy Vs. hierarchy of judges

    • The expression “subordinate courts” used by Part VI, Chapter 6, of the Constitution of India cannot signify that judges are subordinate.
    • The term subordinate has implications for the independence of the judiciary, entrenched with and since Kesavananda Bharati (1973) as the essential feature of the basic structure of the Indian Constitution.
    • No judge is “subordinate” to any other, constitutionally judges are limited in the jurisdiction but also supreme within their own jurisdiction.
    • However, Article 235 speaks of “control over subordinate courts”.
    • This Article created the notion of subordination by describing these entities and agents as persons “holding a post inferior to the post of a district judge”.

    Constitutional provision

    • The Constitution no doubt contemplates a hierarchy of jurisdictions, but no judge, acting within her jurisdiction, is “inferior” or “subordinate”.
    • On appeal, or review, a court with ample jurisdiction may overturn and even pass judicial strictures but this does not make the concerned courts “lower” or “inferior” courts.
    • Supervisory powers: High courts always have considerable powers of superintendence on the administrative side but this “supervisory“ power has been recognised by the apex court as a “constitutional power” and subject to the right of appeal as granted by Article 235.
    • While the Constitution allows “supervision”, it does not sanction judicial despotism.
    • Despite this, arbitrary practices in writing confidential reports of district justices seem to continue.

    Way forward

    • Constitutional amendment: A complete recasting of Article 235 is needed, which does away with the omnibus expression of “control” powers in the high courts.
    • The amendment should specifically require the high courts to satisfy the criteria flowing from the principles of natural and constitutional justice and all judicial officers who fulfil due qualification thresholds should be treated with constitutional dignity and respect.
    • Collegiate system at high court’s level: For most matters (save elevation), senior-most district judges and judges of the high courts should constitute a collegiate system to facilitate judicial administration, infrastructure, access, monitoring of disposal rates, minimisation of undue delays in administration of justice, alongside matters concerning transfers, and leave.
    •  If an ACR is to be adversely changed in the face of a consistent award for a decade or more, it should be a collegiate act of the five senior-most justices, including the Chief Justice of the High Court.
    • CJI Ramana has recently agreed in principle, following the request of the Supreme Court Bar Association, that chief justices of the high courts should consider lawyers practising in the Supreme Court for elevation to the high courts.

    Consider the question “Do you agree with the view that the Constitution contemplates a hierarchy of jurisdictions, but no judge, acting within her jurisdiction, is “inferior” or “subordinate”. Give reason in support of your argument.”

    Conclusion

    The changes suggested here needs to be implemented to ensure the independence of the judiciary at all levels.

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