INDIAN POLITY AND GOVERNANCE
1. THE LIVESTREAMING OF CONSTITUTIONAL BENCH PROCEEDINGS
THE CONTEXT: For the first time, India’s apex court livestreamed the three separate constitutional bench proceedings simultaneously in YouTube.
THE EXPLANATION:
• There are more than 8 lakh people viewed the proceedings before the three Constitution Benches.
• The livestreaming was closely monitored by technical support teams of the court to ensure the smooth proceedings.
• The cases heard by these benches are the challenge to 10 per cent quota for economically weaker sections of the society, the scuffle between Maharashtra Chief Minister Shinde’s faction and the Uddhav Thackeray camp over who was the “real” Shiv Sena Party and the challenge to the All India Bar Examination post enrollment for lawyers.
• This initiative aims to bring the judiciary close to the citizens living across India, especially the important hearings having constitutional significance.
• The initiative was result of the meeting of the Supreme Court Judges on September 20.
• In the future, the apex court would use a dedicated platform for livestreaming the hearings.
Background
• Swapnil Tripathi judgment of September 2018 upheld the plea demanding livestreaming of the Supreme Court proceedings. In this judgement, the apex court held that livestreaming provides the opportunity of the general public to witness the live proceedings, which is otherwise difficult due to logistical challenges and infrastructural restrictions.
• The court held that livestreaming of court proceedings was part of the right to access justice under Article 21 of the Indian Constitution. Article 21 provides the right to life and personal liberty. Live telecast of court proceedings will help realize the “open court system” which envisages a universally accessible judiciary.
• In the 2018 judgement, several conditions were laid out by the Supreme Court for livestreaming. The livestreaming of apex court proceedings happened for the first time in August 2022, when a ceremonial bench said farewell to the outgoing Chief Justice of India N V Ramana. The High Courts of Gujarat, Orissa, Karnataka, Jharkhand, Patna and Madhya Pradesh have been livestreaming their proceedings through their own YouTube channels since the early 2020.
2. THE KANNADA LANGUAGE COMPREHENSIVE DEVELOPMENT BILL
THE CONTEXT: Recently, the Kannada Language Comprehensive Development Bill was tabled at the Karnataka Legislative Assembly.
THE EXPLANATION:
• The Kannada Language Comprehensive Development Bill gives preference to Kannadigas in government jobs and provides reservations to locals in private jobs generated in the state.
• The Bill defines Kannadigas as individuals whose parents have resided in Karnataka for a minimum of 15 years with the knowledge of reading and writing Kannada.
• Under this Bill, practical and functional knowledge of Kannada will be taught in higher, technical and professional education courses.
• Students who have studies in Kannada Medium schools will get reservations in higher education.
• It will deny land concession, tax rebates and other incentives to private companies that do not recruit at least a minimum percentage of Kannadigas.
• Government jobs in the state will be provided only if a Kannada language exam is passed. This exam is not required for individuals who have passed Class 10 with Kannada as first or second language.
• The Bill proposes the use of Kannada language for all official and administrative correspondences in the state and by local authorities. Earlier, the state government was criticised for using only English language for correspondence.
• Kannada is also made mandatory in subordinate courts, tribunals, banks and other financial institutions.
• Shops, industries and commercial establishments who violate this proposed legislation will incur a fine of Rs.5,000 to Rs.10,000, including suspension of license.
VALUE ADDITION:
Sarojini Mahishi Committee
The Sarojini Mahishi Committee had provided 58 recommendations to provide job security for Kannadigas in Karnataka. However, these recommendations were not adopted because they were highly stringent. Among them are the 100 per cent reservation for Kannadigas in all public sector units, 100 per cent reservation for Kannadigas in group C and D jobs in central government departments and PSUs in Karnataka and minimum 80 per cent and 65 per cent reservation in Group B and A jobs respectively. These recommendations were not adopted as they may cause several constitutional challenges and violate fundamental rights.
ENVIRONMENT, ECOLOGY AND CLIMATE CHANGE
3. REPORT ON THE CONSERVATION STATUS OF MIGRATORY WATERBIRDS IN THE AGREEMENT AREA
THE CONTEXT: Recently, according to the report most of the waterbird populations protected under the African-Eurasian Migratory Waterbird Agreement (AEWA) are now facing serious threats.
The EXPLANATION:
The report was released at the Eighth Session of the Meeting of the Parties to AEWA opened in Budapest September 27, 2022.
MAJOR HIGHLIGHTS OF THE REPORT
Decline in population:
• Some 41 percent of all waterbird populations protected under AEWA are now declining.
• The decline in waterbird populations in the short and long term is 40 percent higher than the increase. This proportion has not changed substantially over the last 15 years.
• Some 29 per cent are stable and 30 per cent are increasing.
Major threats:
• The species are impacted by the 38 threats including shifting and alteration of habitat, invasive alien species, unsustainable harvest and poaching, dams and water management.
Region based assessment:
• The proportion of decrease in AEWA waterbird population is higher in central and southwest Asia and eastern and southern Africa.
IUCN Status:
• Some 13 percent of the AEWA species are globally threatened.
• Four are critically endangered.
• Nine are endangered and 20 are vulnerable according to the International Union for Conservation of Nature.
Major challenges faced by the Migratory Waterbirds
• Changes in range and distribution: It is well known that temperature is one of the primary determinants of the location of biomes and habitats. It is therefore logical that species ranges also depend on temperature.
• Changes in breeding range: The periods of the two BTO Breeding Bird Atlases, bird species (including some waterbird species) extended their breeding ranges northwards by an average of 18.9 km, a trend that they attributed to warming temperatures.
• Habitat Loss: One of the main threats facing endangered migratory animals is habitat loss.
• Turbines: The Bern Convention (the Council of Europe) commissioned a report from BirdLife International on how wind turbines affect birds and how to minimize the risks.
• Oil Spills: Of all man-made disasters, oil spills are among the most common and can, over localized areas, be one of the most destructive to wildlife, killing the animals and poisoning their habitats.
• Climate Change: The Earth‘s temperature and sea levels are rising, rain patterns are altering, and extreme weather is occurring more often.
• Electrocution: Birds are threatened due to power poles that have yet to be fitted with the latest safety devices.
• Unsustainable Hunting and Poaching: Poaching, illegal trade and unsustainable hunting are among the most serious threats to the survival of wild species (migratory and sedentary) alongside habitat loss and degradation.
• Wildlife Crime: Wildlife crime ranks alongside drug smuggling, human trafficking and illegal arms trade as one of the most lucrative activities funding organized crime and terrorism.
Recommendations of the report
• The development of schemes to monitor the breeding of migratory waterbirds in Africa, central and southwest Asia and Russia.
• Recruitment of additional Parties to join the agreement
• Intensifying the assistance to AEWA parties in Africa and central and southwest Asia
• Filling the gaps in implementing the AEWA Strategic Plan 2019 – 2027.
4. NEW TARGET UNDER NATIONAL CLEAN AIR PROGRAMME
THE CONTEXT: The Centre has set a new target of a 40% reduction in particulate matter concentration in cities covered under the National Clean Air Programme (NCAP) by 2026, updating the earlier goal of 20 to 30% reduction by 2024.
THE EXPLANATION:
• The Indian Government has set a new target of 40 per cent reduction in the particulate matter concentration by 2026 in cities under the NCAP.
• This is an update of the earlier goal of 20 to 30 per cent reduction of particulate matter concentration by 2024.
• The city-specific plans under NCAP are being upgraded to make them on par with the new goals.
• According to the Environment Ministry, 95 of the 131 non-attainment cities covered under the NCAP have reduced their PM10 levels in 2021 when compared with the 2017 levels.
• Non-attainment cities are those that have fallen short of the National Ambient Air Quality Standards for over 5 years from 2011 to 2015.
• 20 cities have met the national standards for annual average PM10 concentration, which is 60 micrograms per cubic meters.
• Cities that showed an overall improvement in PM10 concentration since 2017 are Delhi, Noida, Ghaziabad, Mumbai, Kolkata, Chennai, Bengaluru, Chandigarh, Dehradun, Patna, Nagpur, Pune, Agra, Allahabad, Bareilly, Firozabad, Moradabad, Kanpur, Varanasi, Jalandhar, Ludhiana, Jaipur, Jodhpur, Jamshedpur, Ranchi, Raipur and others.
VALUE ADDITION:
NCAP
• The NCAP was launched in 2019 as the first-ever national framework for air quality management with time-bound reduction target. It aims to bring down the concentration of PM10 and PM2.5 across India with 2017 as the base year for the comparison of concentration of the pollutants.
• Under NCAP, city-specific action plans have been created to include measures to strengthen the monitoring network, reduce pollution from industries and vehicles etc. It also aims to improve capacity to management air pollution and raise public awareness about the harms caused by the air pollution.
SECURITY AFFAIRS
5. MINISTRY OF HOME AFFAIRS BANS PFI AND ITS ASSOCIATES FOR FIVE YEARS
THE CONTEXT: Recently, the Popular Front of India (PFI) and its affiliates were banned by the Centre for a period of five years, days after law enforcement agents tried in a campaign to suppress the activities of the group.
THE EXPLANATION:
• The Ministry of Home Affairs used the Unlawful Activities (Prevention) Act to enact the ban, claiming that the Popular Front of India (PFI) and its affiliates pose a “major threat to internal security of the country” and are connected to terrorist organisations like the ISIS.
• Centre also mentioned, they also promote “anti-national sentiments… radicalise a particular section of society with the intention of creating disaffection.”
• The MHA designated the Popular Front of India (PFI) as a “unlawful association” along with “its associates or affiliates or fronts including Rehab India Foundation (RIF), Campus Front of India (CFI), All India Imams Council (AIIC), National Confederation of Human Rights Organization (NCHRO), National Women’s Front, Junior Front, Empower India Foundation, and Rehab Foundation, Kerala,” claiming that it was “necessary to curb the nefarious activities” of the organisation.
• The SDPI, the PFI’s political wing, was excluded from the ban.
• After the ban, the Popular Front of India (PFI) made an announcement that it was breaking apart.
• The PFI and its affiliates’ designation as “unlawful associations” gives law enforcement organisations the right to detain PFI members, freeze their accounts, and seize their assets.
Section 10 of the UAPA:
• According to Section 10 of the UAPA, membership in a banned organisation is illegal.
• According to the Section 10 of the UAPA, belonging to an organisation that is prohibited carries a minimum two-year sentence and, in some cases, a life sentence or even the death penalty.
• According to Section 10, anyone who “is and continues to be a member of such association; participates in such association’s meetings; contributes to, receives, or solicits any contribution for the benefit of such association; or in any other manner assists the operations of such association shall be punishable with imprisonment for a term which may extend to two years, and shall also be liable to fine.”
• Anyone who supports the goals of the prohibited organisation is likewise subject to it.
• Section 7 of the UAPA’s grants the government the authority to “prohibit use of funds” by an “illegal group.”
Power of the Central Government as per the law:
• According to the law, if the Central Government is satisfied following an investigation that “any person has custody of any moneys, securities, or credits which are being used or are intended to be used for the purpose of the unlawful association, the Central Government may, by order in writing, prohibit such person from paying, delivering, transferring, or otherwise dealing in any manner.”
• Centre has the power as per the law to ban the person if found with such moneys, securities, or credits or with any other moneys, securities, or credits.
• It also grant law enforcement organisations the authority to conduct searches of these organisations’ offices and inspect their financial records.
• The Center is authorised to “notify any place which in its opinion is used for the purpose of such unlawful organisation” under Section 8 of the UAPA.
• The term “place” in this context refers to a home, a building, or a portion of one, as well as to a tent or a vessel.
GOVERNMENT SCHEMES AND INTERVENTIONS
6. THE JALDOOT APP
THE CONTEXT: The Indian government recently launched the JALDOOT App and JALDOOT App e-brochure.
THE EXPLANATION:
• The JALDOOT application was jointly developed by union ministries of Panchayat and Rural Development.
• This app can be used by Gram Rojgar Sahayak to measure the water level in a well twice a year before and after monsoon.
• It enables the systematic collection of data on ground water levels and storing them in central digital database for analysis.
• This data can be used for the implementation of Gram Panchayat Development Plan and Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA).
• Using this app, water levels of 2 to 3 wells in a village will be captured.
• The water levels in open wells will be measured twice a year – from May 1 to 31 as pre-monsoon water level and again from October 1 to 31 as post-monsoon level.
• Jaldoots (officers involved in measuring the water levels), will upload the geo-tagged photograph through the app on every occasion of measurement.
• The application would work both online and offline mode. In the offline mode, Jaldoots will be able to capture the water level even without internet connections and the captured date will be stored in the mobile. When the app comes online, the data will be uploaded and synchronized with the central server.
• The data in this application will be stored in the National Water Informatics Centre (NWIC), which will help in the creation of various reports through comprehensive assessment and analysis.
VALUE ADDITION:
About National Water Informatics Centre
National Water Informatics Centre (NWIC) is the central repository that stores data regarding the availability of water resource across India. Set up in 2018, it comes under the aegis of the Ministry of Jal Shakti’s Department of Water Resources. This central repository enables the data-based sustainable development and management of water resources in India.