THE INDIAN POLITY AND GOVERNANCE
1.THE CJI PROPOSES JUSTICE U.U. LALIT AS SUCCESSOR
THE CONTEXT: The chief Justice of India N.V. Ramana recommended to the government the name of Justice Uday Umesh Lalit as his successor and the 49th Chief Justice of India.
THE EXPLANATION:
• The ‘Memorandum of Procedure of Appointment of Supreme Court Judges’ says “appointment to the office of the Chief Justice of India should be of the senior most Judge of the Supreme Court considered fit to hold the office”.
• The process, according to the Memorandum, begins with the Union Law Minister seeking the recommendation of the outgoing CJI about the next appointment.
Appointment of CJI:
• The Chief Justice of India is traditionally appointed by the outgoing Chief Justice of India on the day of his (or her) retirement.
• By convention, the outgoing Chief Justice of India selects the most senior then-sitting Supreme Court judge.
• Seniority at the apex court is determined not by age, but by:
o The date a judge was appointed to the Supreme Court.
• If two judges are elevated to the Supreme Court on the same day:
o The one who was sworn in first as a judge would trump another.
o If both were sworn in as judges on the same day, the one with more years of high court service would ‘win’ in the seniority stakes.
o An appointment from the bench would ‘trump’ in seniority an appointee from the bar.
Is it a part of the Constitution?
• The Constitution of India does not have any provision for criteria and procedure for appointing the CJI. Article 124(1) of the Indian Constitution says there “shall be a Supreme Court of India consisting of a Chief Justice of India”.
• The closest mention is in Article 126, which deals with the appointment of an acting CJI.
• In the absence of a constitutional provision, the procedure relies on custom and convention.
What is the procedure?
The procedure to appoint the next CJI is laid out in the Memorandum of Procedure (MoP) between the government and the judiciary:
• The procedure is initiated by the Law Minister seeking the recommendation of the outgoing CJI at the ‘appropriate time’, which is near to the date of retirement of the incumbent CJI.
• The CJI sends his recommendation to the Law Ministry; and in the case of any qualms, the CJI can consult the collegium regarding the fitness of an SC judge to be elevated to the post.
• After receiving recommendation from the CJI, the law minister forwards it to the Prime Minister who then advises the President on the same.
• The President administers the oath of office to the new CJI.
Appointment of the CJI and the appointment of SC judges- key difference:
• In the former, the government cannot send the recommendation of the CJI (or the collegium) back to them for reconsideration; while in the latter, the government can do so. However, if the collegium reiterates those names, then the government cannot object any further.
2.THE FAMILY COURTS (AMENDMENT) BILL 2022
THE CONTEXT: The Rajya Sabha passed the Family Courts (Amendment) Bill amid disruptions over the Enforcement Directorate’s “actions against Opposition MPs” when the House is in session. The Bill validates family courts in Himachal Pradesh and Nagaland with retrospective effect.
THE EXPLANATION:
• The Family Courts (Amendment) Bill was introduced in Lok Sabha on July 18, 2022. The Bill amends the Family Courts Act, 1984. The Act allows state governments to establish Family Courts. The central government is empowered to notify dates for the Act to come into force in different states. The governments of Himachal Pradesh and Nagaland have set up Family Courts in their states under the Act. However, the central government has not extended the application of the Act to these states
• Application of Act in Himachal Pradesh and Nagaland: The Bill seeks to extend the application of the Act to the state of Himachal Pradesh, with effect from February 15, 2019, and to the state of Nagaland, with effect from September 12, 2008. The establishment of Family Courts in both the states will be retrospectively valid from these dates. All actions taken under the Act in both the states, including the appointment of judges, and orders and judgments passed by the Family Courts, will also be deemed to be valid from these dates retrospectively.
Family Courts Act, 1984:
• According to the 59th Law Commission Report (1974) and the Committee on the Status of Women (1975), it was recommended that family disputes be treated differently than traditional civil proceedings.
• As a result, the Family Courts Act was passed in 1984, allowing state governments to establish family courts to promote conciliation and ensure that disputes concerning family affairs and marriage are resolved as soon as possible.
• The establishment and operation of family courts is the responsibility of state governments in consultation with their respective high courts, according to the Act.
• The Act requires the state government to establish a family court in every city or town with a population of more than one million people.
• The family court judges are appointed by the state government with the approval of the high court.
• There are 716 Family Courts in operation across the country (February 2022).
Difficulties confronting Indian Family Courts:
• The fundamental goal of the family court was to provide a quick resolution of problems involving marriage and family and to reach an agreement between the parties for reconciliation; however, this goal has yet to be met. Some of the challenges that family courts face are as follows:
o “Family” is not defined in the Act – The term “family” is not defined in the Act.
o Only cases involving marriage, child support, and divorce are heard in family court.
o As a result, the family court does not address issues arising from economic implications that affect the family in a variety of ways.
o Inadequate law enforcement – The Act empowers state governments to create regulations for the operation of family courts in their jurisdictions.
o Nonetheless, most state governments have not used these powers effectively to create rules and set up family courts.
o Complicated law – Because the family court follows the principles of the Code of Civil Procedure in suits and proceedings, the average person finds it difficult to understand the complicated law.
3.ONE WORD A DAY – NALSA
THE CONTEXT: Recently, the 1st First Meeting of the All India District Legal Services Authority, organized by the National Legal Services Authority was inaugurated by the PM.
THE EXPLANATION:
• He said that the time which was chosen for the inauguration of this meet was not only apt but also appropriate from a historical perspective as India was soon going to celebrate its 75th year of Independence.
What is NALSA?
• The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987 to provide free Legal Services to the weaker sections of the society.
• It also organizes Lok Adalats for amicable settlement of disputes.
• It monitors and reviews various legal aid programs. It provides rules and principles for legal services under the Act.
• It also distributes funding and grants to state legal services authorities and non-profit organisations to help them execute legal aid systems and initiatives.
• The Chief Justice of India is the Patron-in-Chief. NALSA is housed at Supreme Court of India.
What are SLSA and DLSA?
• In every State, State Legal Services Authority has been constituted to give effect to the policies and directions of the NALSA.
• It aims to give free legal services to the people and conduct Lok Adalats in the State.
• The State Legal Services Authority is headed by Hon’ble the Chief Justice of the respective High Court who is the Patron-in-Chief of the State Legal Services Authority.
• Similarly, in every District, District Legal Services Authority has been constituted to implement Legal Services Programmes in the District.
• The District Legal Services Authority is situated in the District Courts Complex in every District and chaired by the District Judge of the respective district.
• Other than these, there are Taluka/ Sub-Divisional Legal Services Committee (headed by a senior Civil Judge), High Court Legal Services Committee and Supreme Court Legal Services Committee.
What are the objectives of Legal Services Authorities?
• Provide free legal aid and advice.
• Spread legal awareness.
• Organize Lok Adalat’s.
• Promote settlements of disputes through Alternative Dispute Resolution (ADR) Mechanisms. Various kinds of ADR mechanisms are Arbitration, Conciliation, Judicial settlement including settlement through Lok Adalat, or Mediation.
• Provide compensation to victims of crime.
What are various Constitutional provisions related to NALSA?
• Article 39A of the Constitution of India: It provides that State shall secure that the operation of the legal system promotes justice on a basis of equal opportunity, and shall in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disability.
• Articles 14 and 22(1) also make it obligatory for the State to ensure equality before law and a legal system that promotes justice on a basis of equal opportunity to all.
What is a brief historical background of NALSA?
• The earliest Legal Aid movement appears to be from the year 1851 when some enactment was introduced in France for providing legal assistance to the indigent.
• In Britain, the history of the organized efforts on the part of the State to provide legal services to the poor and needy dates back to 1944.
• Since 1952, the Govt. of India also started addressing to the question of legal aid for the poor in various conferences of Law Ministers and Law Commissions.
• In different states, legal aid schemes were floated through Legal Aid Boards, Societies and Law Departments.
THE ENVIRONMENT, ECOLOGY AND CLIMATE CHANGE
4.THE COAL MINING PROTESTS IN THE HASDEO ARANYA REGION
THE CONTEXT: Amit protest protests against mining in Hasdeo Aranya region, recently the Chhattisgarh Legislative Assembly unanimously passed a private member resolution urging the Centre to cancel allocation of all coal mining blocks in the ecologically sensitive area.
THE EXPLANATION:
What is the importance of the Hasdeo-Aranya region?
• The Hasdeo Aranya (Aranya means forest) lies in the catchment area of the Hasdeo river and is spread across 1,878 sq km in North-Central Chhattisgarh. The Hasdeo river is a tributary of the Mahanadi river which originates in Chhattisgarh and flows through Odisha into the Bay of Bengal.
• The Hasdeo forests are also the catchment area for the Hasdeo Bango Dam built across the Hasdeo river which irrigates six lakh acres of land, crucial to a State with paddy as its main crop. Besides, the forests are ecologically sensitive due to the rich biodiversity they offer and due to the presence of a large migratory corridor for elephants.
What are the possible consequences of mining in this region?
• According to the studies by the ICFRE and Wildlife Institute of India (WII), mining will
o Affect the biodiversity in the region
o Lead to habitat loss or clearing of forests
o Aggravate the issue of human-elephant conflicts
o Have an impact on the community in form of loss of livelihood, identity, and culture as 90% of the households are dependent on agriculture and forest produce
o Lead to displacement of people
o Further marginalise the adivasis
• But it backed considering mining in four blocks – Tara, Parsa, PEKB and Kente Extension with strict environmental safeguards.
What is the current issue?
• In 2021, a 300-km-long march was undertaken by around 350 people from tribal communities to Raipur alleging illegal land acquisition.
• Local women in Surajpur district of Chhattisgarh started a tree-hugging campaign as trees were being cut for the mining project in Hasdeo Aranya.
• Mining in the region is being continued as the policy for the ‘No-Go Zone’ was not finalised.
THE GOVERNMENT SCHEMES/INITIATIVES IN NEWS
5.ICMR STARTS NEW INITIATIVE IN NORTHEAST
THE CONTEXT: The Indian Council of Medical Research (ICMR) has inaugurated Foodborne Pathogen Survey Network (ICMR-FoodNet) in the northeastern States of India. It is the beginning of a unique public health initiative in Northeast.
THE EXPLANATION:
This latest initiative is part of the project, started by ICMR, in 2020. The integrated task force coordinates project-based activity campaigns, monitors foodborne enteric disease outbreaks, and conducts intensified systematic laboratory-based surveillance in four North-East Indian states, in collaboration with research and medical institutions and food sectors.
All-inclusive
This project also includes estimation of illness burden, detection of specific pathogens responsible for outbreaks, documenting antimicrobial resistance patterns among enteric bacteria, while additionally acting as an external quality assurance system and maintaining a centralized data bank providing reference services, noted the Council.
VALUE ADDITION:
Indian Council of Medical Research (ICMR)
Mandate
• Apex body in India for the formulation, coordination and promotion of biomedical research.
• Conduct, coordinate and implement medical research for the benefit of the society.
• Translating medical innovations into products/processes and introducing them into the public health system
Vision
• Translating Research into Action for Improving the Health of the Population.
Mission
• Generate, manage and disseminate new knowledge
• Increase focus on research on the health problems of the vulnerable, the disadvantaged and marginalized sections of the society
• Harness and encourage the use of modern biology tools in addressing health concerns of the country
• Encourage innovations and translation related to diagnostics, treatment, methods/vaccines for prevention
• Inculcate a culture of research in academia especially medical colleges and other health research institutions by strengthening infrastructure and human resource.
6.REVISION SERIES: MISSION VATSALYA SCHEME
Objectives of the Mission:
• Mission Vatsalya Scheme is a roadmap to achieve development and child protection priorities aligned with the Sustainable Development Goals (SDGs). It lays emphasis on child rights, advocacy and awareness along with strengthening of the juvenile justice care and protection system with the motto to ‘leave no child behind’.
• The Juvenile Justice (Care and Protection of Children) Act, 2015 provisions and the Protection of Children from Sexual Offences Act, 2012 form the basic framework for implementation of the Mission. Funds under the Mission Vatsalya Scheme are released according to the requirements and demands made by the States/UTs.
Funding:
• The Scheme is implemented as a Centrally Sponsored Scheme in partnership with State Governments and UT Administrations to support the States and UTs in universalizing access and improving quality of services across the country. The fund sharing pattern is in the ratio of 60:40 between Centre and State & Union Territories with Legislature respectively.
• The fund sharing pattern between Centre and State is in the ratio of 90:10 for the North-Eastern States viz. Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim and Tripura and two Himalayan States viz. Himachal Pradesh and Uttarakhand, and UT of Jammu and Kashmir. For Union Territories without Legislature, it is 100% central share.
Components:
• It will include statutory bodies; service delivery structures; institutional care/services; non-institutional community-based care; emergency outreach services (through Childline or the national helpline 1098 for children); training and capacity building.
Implementation:
• Under the mission, the Government plans to partner with the private sector as well as volunteer groups for its scheme for the protection of vulnerable children such as those abandoned or missing.
• For this, a Vatsalya portal will be developed that will allow volunteers to register so that State and District Authorities can engage them in executing various schemes.
THE PRELIMS PRACTICE QUESTIONS
QUESTIONS OF THE DAY
Q. With reference to Mission Vatsalya, consider the following statements:
1. It is 100 percent Central sector scheme.
2. It’s an umbrella scheme for child protection services in the country.
3. It is also known as Integrated Child Protection Scheme.
Which of the statements given above is/are incorrect?
a) 1 only
b) 2 only
c) 1 and 2 only
d) 1 and 3 only
ANSWER FOR THE PRACTICE QUESTION
ANSWER: A
EXPLANATION:
• Mission Vatsalya Scheme is a roadmap to achieve development and child protection priorities aligned with the Sustainable Development Goals (SDGs). It lays emphasis on child rights, advocacy and awareness along with strengthening of the juvenile justice care and protection system with the motto to ‘leave no child behind’.
• The Scheme is implemented as a Centrally Sponsored Scheme in partnership with State Governments and UT Administrations to support the States and UTs in universalizing access and improving quality of services across the country. The fund sharing pattern is in the ratio of 60:40 between Centre and State & Union Territories with Legislature respectively.
• In 2010, these were merged into a single plan known as the Integrated Child Protection Scheme.
• In 2017, it was renamed “Child Protection Services Scheme,” and again in 2021-22 as Mission Vatsalya.
