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  • EV battery recycling in India: An opportunity for change

    This newscard is an excerpt from the original article published in the D2E. It focuses on India for not having adequate legislations that can prevent illegal dumping of spent lithium batteries ahead of the FAME-I and II scheme.

    Practice question for mains:

    Q.What are the different phases of Faster Adoption and Manufacturing of (Hybrid &) Electric Vehicles (FAME) Scheme? Discuss various challenges in adopting EV technology in India.

    Background

    • Electric vehicles (EV) are a part of the new normal as the global transportation sector undergoes a paradigm shift, with a clear preference towards cleaner and greener vehicles.
    • Like its western counterparts and China, India has pushed the mandate for EVs as well, through schemes such as Faster Adoption and Manufacturing of Hybrid and Electric Vehicles (FAME) I and FAME II.
    • EV sales in the country are expected to grow annually at a compound annual growth rate of 35 per cent till 2026, according to a market survey by news daily Economic Times.

    Powering the EVs

    • Initially, EVs were powered with lead-acid batteries. Lithium-ion batteries that include other chemical moieties like cobalt, graphite and nickel now form the heart of an EV.
    • At the end of the battery lifespan, what remains is battery waste, comprising enormous amounts of chemicals such as cobalt, electrolytes, lithium, manganese oxide and nickel.

    Latent threats to India

    • India, at present, is underprepared for the sheer volume of EV battery waste expected in the coming decade.
    • Most of our e-waste is dumped in landfills.
    • Further, we do not have adequate legislation that can prevent illegal dumping of spent lithium batteries.
    • This sets a dangerous precedent, as India can potentially become a lithium waste dumpsite for not just waste from domestic EVs, but also from import of spent batteries.

    There is a legal loophole

    • The most recent legislations — the E-waste (Management and Handling) Rules, 2011, E-waste (Management and Handling) Rules, 2016 and E-waste (Management) Amendment Rules, 2018 — evolved considerably in terms of the range of materials.
    • They do not, however, include a cohesive set of rules for the safe disposal of EV batteries.
    • Li-ion batteries, thus, find no mention, in any framework for end-of-life treatment or recycling.

    Threats posed by un-recycled batteries

    • The batteries constitute substances that — if not recycled or treated in a proper fashion — can cause harm to both the environment and humans.
    • Further, lithium itself spontaneously reacts with moisture and can lead to major landfill explosions.

    Global precedence over batteries regulation:

    Several nations are ahead of the curve and have mandated legislations that deal with battery recycling and treatment:

    (1) EU Batteries Directive

    • The Batteries Directive was issued by the European Union to minimise the negative impact of batteries and accumulators on the environment.
    • The Batteries Directive broke down the different stages of the process of collection and recycling of waste batteries and issued directions on how each of these must be performed.

    (2) Germany

    • Germany puts a legal obligation on producers to collect their products from the consumer and deposit them in containers managed by the GRS Batterien Foundation.
    • It is set up by leading battery manufactures and the German Electrical and Electronics Industry Association in 1998.
    • It ensures collected waste is segregated and sorted according to electrochemical composition — leading to efficient extraction of materials that can be recovered and recycled.

    (3) Japan

    • The Japan Battery Recycling Centre (JBRC), established in 2004, is a producer-responsibility organisation that helps keep the process of recycling waste batteries going.
    • Consumers and offices — that utilise technology running on batteries — discharge delivery to collection sites placed with retailers who register with the JBRC as co-operation shops for recycling.
    • The collection sites facilitate segregation of the batteries by providing four different types of labels for four different types of batteries.

    Where does India stand among these?

    • The Indian e-waste legal regime underwent a tremendous change over time and has only recently embraced EPR and collection of e-waste.
    • A lack of clear scientific guidelines and regulations tailor-made for li-ion batteries, however, leads to poor return of investments in setting up recycling units, as it is a capital-intensive initiative.
    • In October 2019, the framing of a much-awaited recycling policy was proposed by the Union government.
    • It is, however, still awaited. The first step to creating a circular economy for EV batteries is to expand our laws to include li-ion battery chemistries.

    We are late but not the last

    • Large quantities of EV battery waste presented a unique opportunity to nurture a domestic recycling industry, which is currently in its infancy.
    • The process of recycling can help recover up to half the valuable metals, including aluminium, cobalt, copper, lithium, manganese and nickel, which can then be used for secondary applications.
    • Tata Chemicals Ltd, for example, commissioned a li-ion battery recycling plant in Maharashtra in 2019.

    Way forward

    • Governments must take a proactive stance when it comes to the development of batteries that cause less harm to the environment.
    • There must be an extended producer responsibility (EPR) mechanism that ensured manufacturers of batteries to bear a legal obligation of their products being safely recycled and disposed of.

    Back2Basics: Faster Adoption and Manufacturing of (Hybrid &) Electric Vehicles

    FAME I

    • In this phase, market creation through demand incentives was aimed at incentivizing all vehicle segments i.e. 2-Wheelers, 3-Wheelers Auto, Passenger 4-Wheeler vehicles, Light Commercial Vehicles and Buses.
    • The demand incentive was available to buyers of EV in the form of an upfront reduced purchase price to enable wider adoption.

    FAME II

    • This phase will mainly focus on supporting electrification of public & shared transportation, and aims to support through subsidies 7000 e-Buses, 5 lakh e-3 Wheelers, 55000 e-4 Wheeler Passenger Cars and 10 lakh e-2 Wheelers.
    • The scheme will be applicable mainly to vehicles used for public transport or those registered for commercial purposes in e-3W, e-4W and e-bus segments.
    • However, privately-owned registered-2W will also be covered under the scheme as a mass segment.
    • In addition, the creation of charging infrastructure will be supported in selected cities and along major highways to address range anxiety among users of electric vehicles.

    Original article:

    https://www.downtoearth.org.in/blog/pollution/electric-vehicle-battery-recycling-in-india-an-opportunity-for-change-72621

  • In news: Mahatma Gandhi National Rural Employment Guarantee Scheme

    • One-third of the way through the financial year, government data shows that the MGNREGA scheme has used up almost half its allocated funds.
    • Its spending has been more than ₹48,500 crores out of the expanded ₹1 lakh crore allocations announced following the COVID-19 outbreak.

    Try this question for mains:

    Q.Discuss how the MGNREG Scheme has been providing a minimum basic income since the Covid pandemic. Also discuss how it can prove to be a game-changer if coupled with Direct Benefit Transfer (DBT).

    About MGNREGA

    • 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.

    Its objectives

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

    Features of the Scheme

    • 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.

    Also read:

    [Burning Issue] Reorienting MGNREGA in times of COVID

  • SpaceX’s Crew Dragon capsule ‘Endeavour’

    Two NASA astronauts returned to Earth from the International Space Station (ISS) in a dramatic, retro-style splashdown, their capsule parachuting into the Gulf of Mexico to finish an unprecedented test flight.

    We can get a match the pair type question in prelims asking various space missions and their purposes. Make note of similar space missions from here.

    Crew Dragon

    • Crew Dragon is a part of the Dragon 2, a class of reusable spacecraft developed and manufactured by American aerospace manufacturer SpaceX.
    • It is the fifth class of US spacecraft to take human beings into orbit, after the Mercury, Gemini, Apollo and Space Shuttle programs.
    • The rocket, named Falcon 9, which carried the spaceship into the orbit, was also built by SpaceX.
    • It is done under the Demo-2 Mission of NASA and SpaceX.

    Demo-2: What is the mission?

    • The Demo-2 mission is part of NASA’s Commercial Crew Program with the aim of developing reliable and cost-effective access to and from the ISS.
    • Essentially, the lift-off is a flight test to certify if SpaceX’s crew transportation system can be used to ferry crew to and from the space station regularly.

    What makes it a special event?

    • It was the first splashdown by U.S. astronauts in 45 years, with the first commercially built and operated spacecraft to carry people to and from orbit.
    • The last time NASA astronauts returned from space to water was on July 24, 1975, in the Pacific to end a joint U.S.-Soviet mission known as Apollo-Soyuz.
    • The return clears the way for possible tourist flights in the near future.

    Back2Basics: SpaceX

    • Space Exploration Technologies Corp., trading as SpaceX, is a private American aerospace manufacturer and space transportation Services Company headquartered in Hawthorne, California.
    • It was founded in 2002 by Elon Musk with the goal of reducing space transportation costs to enable the colonization of Mars.
    • It has developed several launch vehicles and the Dragon spacecraft.
  • What are Time Capsules?

    Ahead of the laying of the foundation stone for a temple, claims and denials have emerged about plans to put in a time capsule, or ‘Kaal Patra’.

    Do you know?

    A rubidium standard or rubidium atomic clock is the most inexpensive, compact, and widely produced atomic clock, used to control the frequency of television stations, cell phone base stations, in test equipment, and global navigation satellite systems like GPS.

    What is a Time Capsule?

    • It is a container of any size or shape, which accommodates documents, photos and artefacts typical of the current era and is buried underground, for future generations to unearth.
    • The time capsule requires special engineering so that the contents don’t decay, even if pulled out after a century.
    • Material such as aluminium and stainless steel are used for the encasing, and documents are often reproduced on acid-free paper.
    • While the term “time capsule” was coined in the 20th century, among the earliest examples of one dates back to 1777, found by historians inside the statue of Jesus Christ in Spain during its restoration.

    There’s a global society:

    International Time Capsule Society

    • The International Time Capsule Society (ITCS), based in the US and formed in 1990, is now defunct but continues estimating the number of time capsules in the world.
    • As per its database, there are “10,000-15,000 times capsules worldwide”.

    Are there any time capsules in India?

    • There have been a number of prominent examples.
    • One time capsule, outside the Red Fort and placed underground in 1972 by then PM Indira Gandhi, was dug out by the subsequent government.
    • Other time capsules are at a school in Mumbai, IIT-Kanpur, LPU in Jalandhar, and Mahatma Mandir in Gandhinagar.
    • The Red Fort time capsule was supposed to be dug out after 1,000 years.

    Significance of time capsules

    • Historians often criticize the idea of being motivated.
    • This exercise is inevitably a subjective exercise, geared towards glorification not to construct the real picture.
    • All historians look at this time capsule exercise with suspicion.
    • It’s not a valid historical method — who decides what matter, what artefacts, written documents are going into it?
  • [Burning Issue] Disputes over Anti-Defection Law

    A CM takes oath at 4 am in the morning. MLAs are taken to an unknown destination or a resort with their mobiles and all communications virtually shut! Likewsie, if unconstitutional principles and practices no longer excite the citizens, but some political norms do, then our democracy is in trouble.

    Turbulence in governments — involving the “switching of sides” by elected representatives — has been increasingly frequent in recent months.  The ongoing political crisis in Rajasthan is neither new nor uncommon.  The past year has seen the toppling of two state governments in Karnataka and Madhya Pradesh amid allegations of political defections and horse-trading. There has also been turmoil in Goa and Manipur.

    Over the debate: The Anti-Defection Law

    The Anti-Defection Law under the Tenth Schedule of the Constitution punishes MPs/ MLAs for defecting from their party by taking away their membership of the legislature. It gives the Speaker of the legislature the power to decide the outcome of defection proceedings.

    • The anti-defection law was added to the Constitution through the Fifty-Second (Amendment) Act, 1985 when Rajiv Gandhi was PM.
    • It lays down the process by which legislators may be disqualified on grounds of defection by the Presiding Officer of a legislature based on a petition by any other member of the House.
    • A legislator is deemed to have defected if he either voluntarily gives up the membership of his party or disobeys the directives of the party leadership on a vote.
    • This implies that a legislator defying (abstaining or voting against) the party whip on any issue can lose his membership of the House.
    • The law applies to both Parliament and state assemblies.

    Exceptions under the law

    • Legislators may change their party without the risk of disqualification in certain circumstances.
    • The law allows a party to merge with or into another party provided that at least two-thirds of its legislators are in favor of the merger.
    • In such a scenario, neither the members who decide to merge nor the ones who stay with the original party will face disqualification.

    To get more details on the evolution of the act, tap here:

    https://www.civilsdaily.com/news/explained-anti-defection-law-and-its-evolution/

    Issues with the Anti-defection cases these days

    • Generally, when doubts are cast on the CM that he has lost the majority, the opposition and the Governor would rally for a floor test.
    • Now, this may seem like an administrative act. But loopholes around the law has brought politics into the picture. Let us understand the various ground situations involved:

    1) Defection proceeding

    • A Supreme Court Bench is scheduled to hear an appeal filed by the Rajasthan Assembly Speaker’s office challenging the State High Court order to defer anti-defection proceedings against former Deputy CM.
    • The petition said the HC has crossed its jurisdiction by asking the Speaker to put off his decision on the disqualification notices issued to dissident MLAs.
    • The High Court’s interim order granting extended time to rebel MLAs to file their replies to anti-defection notices amounted to a violation of Article 212 (courts not to inquire into the proceedings of the legislature).
    • The petition said that judicial review of ongoing anti-defection proceedings was limited.
    • The petition referred to the Constitution Bench judgment of the top court in the Kihoto Hollohan case in 1992 in this context.
    • Judicial review cannot be available at a stage prior to the making of a decision by the Speaker/Chairman and a prior action would not be permissible.
    • Nor would interference be permissible at an interlocutory stage of the proceedings, the verdict says.

    2) Summoning the house

    Rajasthan Governor returning the fresh proposal by the state Cabinet – seeking to convene a session of the Assembly has raised fresh legal questions on the powers of the Governor. But a Constitution Bench judgment of the Supreme Court has held that a Governor is bound to convene a meeting of the Assembly for a floor test on the recommendation of the Cabinet.

    • Article 174 of the Constitution gives the Governor the power to summon from time to time “the House or each House of the Legislature of the State to meet at such time and place as he thinks fit…”
    • However, the phrase “as he thinks fit” is read as per Article 163 of the Constitution which says that the Governor acts on the aid and advice of the cabinet.
    • Article 163(1) essentially limits any discretionary power of the Governor only to cases where the Constitution expressly specifies that the Governor must act on his own and apply an independent mind.
    • The Supreme Court in Nabam Rebia and Bamang Felix vs Deputy Speaker (2016) expressly said that the power to summon the House is not solely vested in the Governor.
    • The court has highlighted that Article 163 of the Constitution does not give the Governor a “general discretionary power to act against or without the advice of his Council of Ministers.
    • The discretionary powers are limited to specified areas like giving assent or withholding/referring a Bill to the President or appointment of a CM or dismissal of a government that has lost confidence but refuses to quit, etc.

    3) Floor test

    • Now, we know that the Governor cannot refuse the request of the Cabinet to call for a sitting of the House for legislative purposes or for the chief minister to prove his majority.
    • In fact, on numerous occasions, including in the 2016 Uttarakhand case, the court has clarified that when the majority of the ruling party is in question, a floor test must be conducted at the earliest available opportunity.
    • In 2016, the Supreme Court in Nabam Rebia and Bamang Felix vs Deputy Speaker expressly said that the power to summon the House is not solely vested in the Governor.

    4) Time Limit for defection plea

    • The Anti-defection law does not specify a time period for the Presiding Officer to decide on a disqualification plea.
    • Given that courts can intervene only after the Presiding Officer has decided on the matter, the petitioner seeking disqualification has no option but to wait for this decision to be made.

    5) Deciding on merger or split

    • The Tenth Schedule of the Constitution prohibits defection to protect the stability of governments but does not prohibit mergers.
    • Paragraph 4(2) of the Tenth Schedule, dealing with mergers, says that only when two-thirds of the members agree to “merge” the party would they be exempt from disqualification.
    • The “merger” referred to in Paragraph 4(2) is seen as a legal fiction, where members are deemed to have merged for the purposes of being exempt from disqualification, rather than a merger in the true sense.
    • Major political parties argue that a state unit of a national party cannot be merged without the party being merged at the national level.
    • However, the Tenth Schedule identifies this dichotomy between state units and national units.
    • As per Paragraph 4(2), “merger” of a party means merger of a legislative party of that House and not the national party.

    Yet another feature: ‘Resort’ Politics

    • The sight of legislators being packed off in luxury buses, and lodged in comfortable, even luxurious, hotels and resorts, has become a common feature of Indian politics.
    • It usually happens when a state government is in crisis, when a crucial election for a Rajya Sabha seat is underway and numbers are fluid, or when a rebellion is underway to change the regime in a state.
    • A political party — or the rebel faction — then rushes to consolidate the legislators who are in its favour.
    • The objective is to ensure that these legislators don’t succumb to temptations and inducements offered by the other side, and instead, remain under constant surveillance.
    • The method then adopted is to lock them in, till the crisis is resolved one way or the other.

    What we can learn from the ongoing situation?

    As recent events have made clear, however, the Tenth Schedule is no longer an effective check on the phenomenon of defection, and an urgent reconsideration is required. There are a few reasons why this is so.

    1)  Loopholes are present in the law itself

    • The first is that the defecting MLAs have found a way around the restrictions in the Tenth Schedule.
    • Instead of formally “crossing the floor” or voting against their party in a confidence motion, they resign from the party.
    • This brings down the party’s strength in the House, and the government is toppled.
    • A few months later, when by-elections are held, the same MLAs then stand for election on the ticket of the opposition party and are returned to the assembly.

    2) Judiciary can ‘conditionally’ intervene

    • Unfortunately, in their recent judgments, the courts have failed to stop defection practices (although, arguably, the language of the Tenth Schedule does not leave much room to the judiciary).
    • No matter how well-drafted a constitutional provision is, ultimately, its implementation depends upon constitutional functionaries acting in good faith.
    • As BR Ambedkar pointed out soon after the framing of the Constitution, every constitutional text can be subverted if those charged with running the affairs of government are inclined to do so.

    3) Political commitment is under question

    • In recent times, it has become clear that the major constitutional actors involved in times of constitutional instability — i.e., the governors and the speakers — do not act in good faith.
    • In every constitutional crisis over the last few years, governors/speakers have acted like partisan representatives of the political party that appointed them, and have flouted constitutional conventions with impunity.
    • Instances include decisions regarding which party to call first to form the government in a hung house, to order — or refusing to order — floor tests to prove majorities.

    4) Horse-trading persists in Indian politics

    • More recently, the Rajasthan High Court effectively injuncted the Speaker of the Rajasthan Assembly from acting upon disqualification notices, despite clear SC precedent to the contrary.
    • It can be pointed out that horse-trading of legislators persists.
    • It has been widely reported that huge sums of money are offered to MLAs to desert their parties and bring down the government.

    5) Role of Legislators is being compromised

    • The anti-defection law has restrained legislators from effectively carrying out their functions.
    • In a parliamentary system, legislators are expected to exercise their independent judgement while determining their position on an issue.
    • The choice of the member may be based on a combination of public interest, constituency interests, and party affiliations.
    • This fundamental freedom of choice could be undermined if the member is mandated to vote along the party line on every Bill or motion.

    6) Accountability of the government is compromised

    • The anti-defection law deters legislators from holding the government accountable for its actions.
    • One of the key features of parliamentary democracy is that the government is accountable for its decisions.
    • However, the anti-defection law deters a legislator from his duty to hold the government accountable, by requiring him to follow the instruction of the party/coalition on almost every decision.

    7) Overall decision making is hindered

    • The anti-defection law leads to major decisions in the legislature being taken by a few party leaders and not by the larger body of legislators.
    • This implies that anyone who controls the party leadership can issue directions to all legislators.
    • Thus, voting in the House will be as per the wishes of a few party leaders/ coalition leader rather than the beliefs of all legislators or the need for urgency.
    • Consensus if often dictated against which democratization within political parties is sought.

    8) Clueless voters are the ultimate losers

    • The anti-defection law breaks the chain of accountability between elected representatives and the voter.
    • The legislator would have to justify his decision if he differs from such a view.
    • If he dissented from the party line, he would lose his seat and would be unable to work for the citizens’ interests on other issues.
    • This further reduces the accountability of elected representatives to citizens.

    Way Forward

    In sum, therefore, the anti-defection law needs to be improved than repealed.

    Over the years, several amendments/recommendations have also been suggested to reform various aspects of the law.  Let’s consider some of them:

    Sources: Law Commission, 1999; National Constitution Review Commission, 2002; Law Commission Report, 2015; Law Commission Draft Report, 2018; Dinesh Goswami Committee on electoral reforms, 1990, Halim Committee on anti-defection law, 1998 (from R. Kothandaraman Ideas for an alternative Anti-Defection law, 2006); PRS

    Conclusion

    We must know that politics has a way of getting ahead of principles and practices, and establishing its own norms. It is important to understand how this growing pattern makes a mockery of Indian democracy, speaks poorly of elected representatives and is an insult to the voter.

    Need of the hour is complete revamp of the anti-defection law. As Gandhiji, would put it ‘Politics without principle’, is a sin which should be avoided in all case.

     


    References

    https://www.prsindia.org/sites/default/files/parliament_or_policy_pdfs/Anti-Defection%20Law%20Intent%20and%20Impact_0.pdf

    https://www.civilsdaily.com/story/anti-defection-law/

    https://www.civilsdaily.com/news/explained-anti-defection-law-and-its-evolution/

    https://www.hindustantimes.com/analysis/why-the-anti-defection-law-has-failed-to-deliver/story-JtDhlEFHZ8VPpnNBD7Fv9J.html

    https://www.thehindu.com/opinion/lead/getting-ahead-of-constitutional-practices/article32233269.ece

     

  • [pib] National Transit Pass System (NTPS)

    Environment Minister has launched piloting of the National Transit Pass System for seamless movement of forest produce.

    Try this MCQ:

    Q.The National Transit Pass System (NTPS) recently seen in news is related to:

    (a) Transport of Forest Produces

    (b) Transport through National Waterways

    (c) Inter-state transport during restrictions

    (d) None of these

    About National Transit Pass System

    • The NTPS is an online system for issuing transit permits for timber, bamboo and other forest produce.
    • This system helps in monitoring and keeping records of transit permits for inter-state and intra-state transportation of timber and bamboo from private lands/government/private depot and other minor forest produce.
    • E-pass will be issued for transit through the desktop-based web portal as well as a mobile application.
    • It will bring ease of business and expedite the issuance of transit permits for timber, bamboo and other minor forest produce without physically going to forest offices.
    • It will be functional in Madhya Pradesh and Telangana for now on a pilot basis.
  • [pib] Electronic Vaccine Intelligence Network (eVIN)

    The eVIN has reached 32 States and Union Territories (UTs) and will soon be rolled out in the remaining States and UTs of Andaman & Nicobar Islands, Chandigarh, Ladakh and Sikkim.

    Try this question from CSP 2016:

    Q.‘Mission Indradhanush’ launched by the Government of India pertains to:

    (a) Immunization of children and pregnant women

    (b) Construction of smart cities across the country

    (c) India’s own search for the Earth-like planets in outer space

    (d) New Educational Policy

    About eVIN

    • The eVIN is an innovative technological solution aimed at strengthening immunization supply chain systems across the country.
    • This is being implemented under the National Health Mission (NHM) by the Ministry of Health and Family Welfare.
    • It aims to provide real-time information on vaccine stocks and flows, and storage temperatures across all cold chain points in the country.
    • This system has been used during the COVID pandemic for ensuring the continuation of the essential immunization services and protecting our children and pregnant mothers against vaccine-preventable diseases.

    Components of eVIN

    • eVIN combines state-of-the-art technology, a strong IT infrastructure and trained human resource to enable real-time monitoring of stock and storage temperature of the vaccines kept in multiple locations across the country.
    • At present, 23,507 cold chain points across 585 districts of 22 States and 2 UTs routinely use the eVIN technology for efficient vaccine logistics management.

    Benefits of eVIN

    • It has helped create a big data architecture that generates actionable analytics encouraging data-driven decision-making and consumption-based planning.
    • It helps in maintaining optimum stocks of vaccines leading to cost savings. Vaccine availability at all times has increased to 99% in most health centres in India.
    • While instances of stock-outs have reduced by 80%, the time taken to replenish stocks has also decreased by more than half, on an average.
    • This has ensured that every child who reaches the immunization session site is immunized, and not turned back due to unavailability of vaccines.
  • Explained: What is Contempt of Court?

    Contempt of court, as a concept is back in the news after the proceeding by the Supreme Court of India, on its own motion, against a senior Delhi-based advocate-activist.

    Try this question for mains:

    Q.What is Contempt of Court? Discuss, how free speech can lead to the contempt of courts?

    What is Contempt of Court?

    • It seeks to protect judicial institutions from motivated attacks and unwarranted criticism, and as a legal mechanism to punish those who lower its authority.

    How did the concept of contempt come into being?

    • The concept of contempt of court is several centuries old.
    • In England, it is a common law principle that seeks to protect the judicial power of the king, initially exercised by him, and later by a panel of judges who acted in his name.
    • Violation of the judges’ orders was considered an affront to the king himself.
    • Over time, any kind of disobedience to judges, or obstruction of the implementation of their directives, or comments and actions that showed disrespect towards them came to be punishable.

    What is the statutory basis for contempt of court?

    • There were pre-Independence laws of contempt in India. Besides the early High Courts, the courts of some princely states also had such laws.
    • When the Constitution was adopted, contempt of court was made one of the restrictions on freedom of speech and expression.
    • Separately, Article 129 of the Constitution conferred on the Supreme Court the power to punish contempt of itself.
    • Article 215 conferred a corresponding power on the High Courts.
    • The Contempt of Courts Act, 1971, gives statutory backing to the idea.

    What are the kinds of contempt of court?

    The law codifying contempt classifies it as civil and criminal.

    • Civil contempt is fairly simple. It is committed when someone willfully disobeys a court order or wilfully breaches an undertaking given to the court. However, Criminal contempt is more complex.
    • It consists of three forms: (a) words, written or spoken, signs and actions that “scandalise” or “tend to scandalise” or “lower” or “tends to lower” the authority of any court (b) prejudices or interferes with any judicial proceeding and (c) interferes with or obstructs the administration of justice.
    • The rationale for this provision is that courts must be protected from tendentious attacks that lower its authority, defame its public image and make the public lose faith in its impartiality.
    • The punishment for contempt of court is simple imprisonment for a term up to six months and/or a fine of up to ₹. 2,000.

    What does not account to contempt?

    • Fair and accurate reporting of judicial proceedings will not amount to contempt of court.
    • Nor is any fair criticism on the merits of a judicial order after a case is heard and disposed of.

    Is truth a defence against a contempt charge?

    • For many years, the truth was seldom considered a defence against a charge of contempt.
    • There was an impression that the judiciary tended to hide any misconduct among its individual members in the name of protecting the image of the institution.
    • The Act was amended in 2006 to introduce truth as a valid defence if it was in the public interest and was invoked in a bonafide
  • William Jones and his linguistic studies

    This newscard is an excerpt from the original article published in the Indian Express.

    Try this PYQ from CSP 2016:

    Q.Who of the following had first deciphered the edicts of Emperor Ashoka?

    (a) Georg Buhier

    (b) James Prinsep

    (c) Max Muller

    (d) William Jones

    William Jones

    • William Jones was appointed as a judge on the Supreme Court of Judicature at Fort William in Bengal,
    • In the next couple of years, Jones established himself as an authority on ancient Indian language and culture, a field of study that was hitherto untouched.
    • He is particularly known for his proposition of the existence of a relationship among European and Indo-Aryan languages, which he coined as Indo-European.
    • He is also credited for establishing the Asiatic Society of Bengal in the year 1784.

    His linguistic studies

    • Jones’ was the first to suggest that Sanskrit, Greek and Latin languages had a common root and that indeed they may all be further related, in turn, to Gothic and the Celtic languages, as well as to Persian.
    • He also suggested that Sanskrit ‘was introduced to India by conquerors from other kingdoms in some very remote age’ displacing ‘the pure Hindi’ of north India
    • His claim rested on the evidence of several Sanskrit words that had similarities with Greek and Latin.

    Some examples of his propositions

    • As he studied the languages further, it became clearer that apart from Greek and Latin, Sanskrit words could be found in most other European languages.
    • For instance, the Sanskrit word for ‘three’, that is ‘trayas’, is similar to the Latin ‘tres’ and the Greek ‘treis’. Similarly, the Sanskrit for ‘snake’, is ‘sarpa’, which shares a phonetic link with ‘serpens’ in Latin.
    • For instance, ‘mata’ or mother in Sanskrit, is ‘mutter’ in German. ‘Dan’ or ‘to give’ in Sanskrit is ‘donor’ in Spanish.