TAG: GS 3: SCIENCE AND TECHNOLOGY

THE CONTEXT: Scientists at the CSIR-National Institute of Oceanography, Goa, recently unearthed a significant discovery in the Bay of Bengal—a 50,000-year-old sediment containing giant magnetofossils.

EXPLANATION:

• This finding, published in the journal Nature in February, represents one of the youngest giant magnetofossils discovered to date.

Magnetofossils:

• Magnetofossils are fossilized remnants of magnetic particles produced by magnetotactic bacteria, also known as magnetobacteria.
• These bacteria align themselves along Earth’s magnetic field lines, utilizing tiny crystals of iron-rich minerals like magnetite or greigite to navigate changing oxygen levels in their aquatic environments.
• First described in the 1960s and 1970s, magnetotactic bacteria and their fossilized remains provide insights into ancient environmental conditions.

            Needle, spindle, bullet and spearhead shape-magnetofossils

Characteristics of the Sediment

• The sediment core retrieved from the southwestern Bay of Bengal consisted primarily of pale green silty clays.
• High-resolution transmission electron microscopy revealed the presence of magnetofossils shaped like needles, spindles, bullets, and spearheads, alongside conventional magnetofossils.
• The unique characteristics of this sediment core shed light on the environmental conditions prevailing in the late Quaternary period.

Implications of the Discovery

• The discovery challenges previous assumptions about the origins of giant magnetofossils, which were often attributed to events like hyperthermal vents or comet impacts.
• Unlike earlier finds dating back millions of years, this discovery suggests that giant magnetofossils also formed during the late Quaternary period, a mere 50,000 years ago.

Role of Environmental Factors

• Analysis of the sediment sample indicated fluctuations in monsoon activity during the last Glacial Maximum-Holocene period, approximately 29,000 to 11,700 years ago.
• The presence of magnetic minerals from distinct geological periods suggests the influence of rivers like the Godavari, Mahanadi, Ganga-Brahmaputra, Cauvery, and Penner, which discharge into the Bay of Bengal.

Environmental Conditions Favorable for Magnetotactic Bacteria

• The nutrient-rich sediment carried by these rivers provided an abundant supply of reactive iron, which, combined with organic carbon in suboxic conditions, created a conducive environment for magnetotactic bacteria to thrive.
• Additionally, freshwater discharge from rivers and oceanographic processes like eddy formation contributed to oxygenation levels conducive to bacterial growth.

National Institute of Oceanography:

• The National Institute of Oceanography (NIO) is one of the 37 constituent laboratories of the Council of Scientific & Industrial Research (CSIR), New Delhi.
• NIO is headquartered at Dona Paula, Goa, and has regional centres at Kochi, Mumbai and Visakhapatnam.
• NIO was established in 1966 following the International Indian Ocean Expedition (IIOE) in the 1960s.
• It is a multi-disciplinary oceanographic research institute. The major research areas include the four traditional branches of oceanography – biological, chemical, geological/geophysical, and physical – as well as ocean engineering, marine instrumentation and marine archaeology.

SOURCE: https://www.thehindu.com/sci-tech/science/goa-scientists-find-50000-year-old-magnetic-fossils-in-bay-of-bengal/article67993453.ece

TAG: GS 2: SOCIAL JUSTICE AND GOVERNANCE

THE CONTEXT: The India TB Report 2024, released by the Union Health Ministry on March 27, highlights significant progress in tuberculosis (TB) control efforts in the country since 2015.

EXPLANATION:

• The report emphasizes reductions in TB incidence and mortality rates, along with increased notification rates and improvements in healthcare sector engagement.

Reduction in TB Incidence and Mortality Rates

• According to the report, India has achieved a commendable 16% decline in TB incidence and an 18% reduction in mortality due to TB since 2015.
• This progress is reflected in the decline of incidence rates from 237 per lakh population in 2015 to 199 per lakh population in 2022, and mortality rates from 28 per lakh population in 2015 to 23 per lakh population in 2022.

Healthcare Sector Engagement

• A noteworthy development highlighted in the report is the increased involvement of the private healthcare sector in TB case notifications.
• In 2023, nearly 32% of TB cases were notified by the private sector, marking a 17% increase from the previous year.
• This indicates improved collaboration between public and private healthcare providers in TB detection and reporting.

Regional Disparities in Notification Rates

• While overall TB case notifications have improved by over 50% in the last nine years, the report identifies regional variations in notification rates.
• Uttar Pradesh recorded the highest increase in notifications, with a 21% rise compared to the previous year, followed by Bihar with a 15% increase.
• These disparities underscore the importance of targeted interventions and resources allocation in high-burden areas.

Strategies and Initiatives

• The report outlines several key strategies and initiatives undertaken by the National Tuberculosis Elimination Programme (NTEP) to accelerate TB elimination:
  • National Strategic Plan (NSP) 2017–25:
    • The NTEP is guided by the NSP 2017–25, which provides a framework for comprehensive TB control efforts.
  • Diagnostic Services:
    • The NTEP continues to provide free diagnostic services, conducting approximately 1.89 crore sputum smear tests and 68.3 lakh nucleic acid amplification tests (NAAT) in 2023.
    • These efforts enhance early detection and prompt treatment initiation.
  • Financial Support:
    • The Direct Benefit Transfer (DBT) under the Nikshay Poshan Yojana provides financial assistance to TB patients.
    • Approximately ₹2,781 crore was disbursed to approximately one crore beneficiaries, ensuring access to essential resources for TB care.
  • Community Engagement:
    • More than 1.5 lakh Nikshay Mitras have committed to supporting persons affected by TB, emphasizing the importance of community engagement in TB control efforts.

Tuberculosis (TB):

• TB is caused by a bacterium (mycobacterium tuberculosis) that mostly affect the lungs.
• It can spread when people with TB expel bacteria into the air, for example, by coughing.
• According to the Report, most people who develop the disease are adults. In 2021, men accounted for 56.5% of the TB burden, adult women (32.5%) and children (11%).
• TB is preventable and curable and around 85% of people who develop the disease can be successfully treated with a 4 to 6 months drug treatment.

Several Initiatives by the government for TB eradication:

• ‘Pradhan Mantri TB Mukt Bharat Abhiyaan’ to eliminate TB by 2025.
• National Strategic Plan for Tuberculosis Elimination 2017-2025.
• National Tuberculosis Elimination Program (NTEP)- Centrally Sponsored Scheme.
• TB Harega Desh Jeetega Campaign.
• Bacillus Calmette–Guérin (BCG) vaccine included in the Indradhanush program.
• National TB Elimination Programme to meet the goal of ending the TB epidemic by 2025 the country, five years ahead of the Sustainable Development Goals (SDG) for 2030
• Two vaccines VPM (Vaccine Projekt Management) 1002 and MIP (Mycobacterium Indicus Pranii) have been developed and are under Phase-3 clinical trial.
• Ni-kshayPoshan Yojana: It provides Rs 500 support through direct benefit transfer to the patients.
• The government has also focused on utilizing technology and creating digital health IDs for TB patients under the Ayushman Bharat Digital Health Mission to ensure proper diagnostics and treatment are available.

SOURCE: https://www.thehindu.com/sci-tech/health/india-achieves-16-decline-in-new-tb-cases-18-reduction-in-mortality-since-2015-report/article67999625.ece

TAG: GS 3: ECOLOGY AND ENVIRONMENT

THE CONTEXT: The South East Africa Montane Archipelago (SEAMA) is a newly recognized ecoregion situated across northern Mozambique and encompassing Mount Mulanje in Malawi, southern Africa’s second-highest mountain.

EXPLANATION:

• Despite its recent recognition, SEAMA has already revealed itself as a treasure trove of previously undocumented biodiversity, drawing attention from researchers and conservationists alike.
• A recent study published in Nature Scientific Reports sheds light on the remarkable biodiversity of SEAMA.
• Through extensive research into the region’s geology and climate, the study unveiled hundreds of previously undescribed species across various taxonomic groups, including plants, vertebrates, and invertebrates.

Surveyed Sites and Species Documentation

• The study identified at least 30 sites within the core of the SEAMA ecoregion, with nine in Malawi and 21 in Mozambique.
• These sites, previously unexplored by scientific inquiry, provided critical insights into the region’s rich biodiversity.
• The documentation includes 127 plant species, 45 vertebrates (including amphibians, reptiles, birds, and mammals), and 45 invertebrate species.
• Notably, SEAMA harbors 22 strictly endemic reptile species, with 19 of them dependent on forests, making them highly vulnerable to habitat loss.

Biological Surveys in Mozambique

• While Mount Mulanje in Malawi has been subject to numerous biological surveys, the mountains in northern Mozambique remained largely unstudied until recent decades.
• The aftermath of protracted conflicts hindered scientific exploration in the region until the past 20 years.
• Scientific expeditions in Mozambique uncovered numerous species new to science and highlighted the levels of shared endemism among different sites.

Unique Ecological Characteristics

• SEAMA exhibits distinct ecological characteristics, including higher annual rainfall and humidity compared to surrounding regions.
• Mount Mabu, identified as the most extensive mid-elevation rainforest in southern Africa, contributes significantly to the region’s biodiversity.
• These ecological nuances underscore SEAMA’s global biological importance and justify its recognition as a new ecoregion.

Conservation Challenges and Urgent Need

• Despite its ecological significance, SEAMA faces severe deforestation threats, primarily driven by slash-and-burn agricultural practices and charcoal production.
• Since 2000, the ecoregion has experienced a significant loss of primary humid forest cover, highlighting the urgent need for conservation initiatives.
• Conservation agriculture practices and sustainable livelihood alternatives are essential to mitigate these threats and safeguard SEAMA’s biodiversity.

Ecoregion: An ecoregion is a geographical area characterized by distinct assemblages of plants, animals, and ecological features.

SEAMA:

• The South East Africa Montane Archipelago (SEAMA) is a recently recognized ecoregion located in southern Africa, spanning across northern Mozambique and incorporating Mount Mulanje in Malawi.
• SEAMA is distinguished by its mountainous terrain, encompassing diverse habitats such as montane forests, grasslands, and rock faces.
• Despite its relatively recent recognition, SEAMA has been identified as a hub of biodiversity, hosting numerous species of plants, vertebrates, and invertebrates.

Mount Mabu:

• Mount Mabu is a mountain in northern Mozambique, famous for its old-growth rain forest.
• Mount Mabu is approximately 1,700 metres (5,600 feet) high and the forest covers about 7,000 hectares (27 square miles).
• While well known locally, the Mount Mabu forest and its extremely diverse wildlife were unknown to plant and animal scientists until 2005.
• There are communities living around Mount Mabu, the closest being Nangaze, Nvava, and Limbue.
• The mountain plays a crucial role in the lives of the communities, and in the cosmology of the Nangaze leader, Mount Mabu belongs to a kinship network in which Mabu is the oldest brother, Mount Muriba is the youngest brother and River Mugue is the middle sister.

SOURCE: https://www.downtoearth.org.in/news/africa/southern-africa-s-new-ecoregion-brimming-with-undocumented-life-but-in-urgent-need-of-conservation-95244

TAG: GS 3: ECOLOGY AND ENVIRONMENT

THE CONTEXT: Since its emergence in 2020, the highly pathogenic H5N1 bird flu virus has posed a significant threat to both avian and mammalian species worldwide.

EXPLANATION:

• The virus has led to mass mortality events among various bird populations and has also affected mammals, particularly marine species, raising concerns about its potential impact on biodiversity and ecosystem health.

Spread and Impact of H5N1 Virus

• The H5N1 bird flu virus has spread rapidly across the globe, infecting birds in over 80 countries by December 2023.
• Originating from China in 1996, the virus has evolved into a highly pathogenic form, causing significant mortality among domestic poultry and wild bird populations.
• In recent years, the virus has also crossed species barriers, affecting mammals such as seals, sea lions, and even mainland Antarctica, signaling an unprecedented threat to wildlife.

Impact on Birds

• Wild bird populations have borne the brunt of the H5N1 outbreak, with reports of mass mortality events among various species.
• Particularly affected are waterfowl like ducks and geese, as well as seabirds such as gulls and terns.
• Notably, endangered species like the California condor have also suffered losses, raising concerns about the conservation status of already vulnerable populations.

Impact on Mammals

• The spread of H5N1 to mammals poses significant risks to both marine and terrestrial species.
• Marine mammals, including sea lions, dolphins, and seals, have experienced devastating mortality rates, with tens of thousands of deaths reported in regions like Chile, Peru, and the United States.
• The infection has also affected terrestrial mammals, including foxes, pumas, skunks, and bears, highlighting the broad reach of the virus across different ecosystems.

Unique Vulnerability of Marine Mammals

• Among mammals, marine species are particularly vulnerable to H5N1 infection due to their close proximity in densely populated coastal areas and their dependence on healthy marine ecosystems for survival.
• The mass mortality events observed among sea lions, dolphins, and seals underscore the severity of the threat posed by the virus to marine biodiversity and ecosystem functioning.

Factors Driving Spread

• While the exact factors driving the large-scale spread of H5N1 remain under investigation, scientists have suggested that climate change may play a role.
• Rising global temperatures alter bird behavior and distribution patterns, facilitating the spread of the virus across different regions.
• Additionally, warmer sea temperatures can weaken marine mammals, making them more susceptible to diseases like H5N1.

Human Health Risks

• While humans rarely contract bird flu, there is a risk of transmission, particularly among individuals working in close proximity to infected birds in poultry farms.
• Although human cases are relatively rare, the potential for zoonotic transmission underscores the importance of vigilant surveillance and biosecurity measures to prevent outbreaks among both animals and humans.

Bird flu and H5N1:

• Bird flu, also known as avian flu, refers to an infectious viral illness that mainly infects and spreads among poultry and some wild birds.
• There are different strains of bird flu virus, which have been circulating for a very long time among at least 100 bird species, including wild waterfowl, such as ducks and geese, without much harming them.
• From time to time, a form of the flu virus jumps from wild birds to poultry farms, and replicates in cramped warehouses of farmed birds.
• It then quickly evolves into a highly pathogenic flu virus that causes a larger wave of illness and death than usual among birds.
• The currently circulating type of H5N1 is one such highly pathogenic flu virus.
• It has “descended from a virus that caused an outbreak on a goose farm in Guangdong, China, in 1996.
• That virus — one of a type of virus known as H5N1 — was highly pathogenic and killed more than 40 per cent of the farm birds it infected.
• The new version of H5N1 first emerged in Europe in 2020 and then rapidly reached Europe, Africa, and Asia.
• By late 2021, it had spread to North America and in the fall of 2022, it appeared in South America.
• In February 2024, the virus stormed through mainland Antarctica.

SOURCE: https://indianexpress.com/article/explained/explained-global/h5n1-bird-flu-mammals-9236846/

TAG: GS 3: ECONOMY

THE CONTEXT: In a significant move to enhance efficiency and flexibility in the Indian securities market, the Securities and Exchange Board of India (SEBI) introduced the T+0 settlement cycle.

EXPLANATION:

• This initiative aims to streamline processes, reduce settlement times, and provide various benefits to investors and the market ecosystem.
• SEBI issued operational guidelines for the introduction of the T+0 settlement cycle, which was launched initially on an optional basis for a select group of securities and brokers.

T+0 trading settlement cycle:

• The capital markets regulator SEBI proposed to introduce a facility for clearing and settlement of funds and securities on T+0 (same day) on an optional basis, in addition to the existing T+1 settlement cycle.
• The regulator has also proposed to introduce optional instant settlement at a later stage.
• Under the T+0 trade cycle, the settlement of trades will happen on the same day after the closure of the T+0 market.
• If investors sell a share, they will get the money credited to their account the same day, and the buyer will also get the shares in their demat account on the very day of the transaction.
• Initially, the T+0 settlement cycle was introduced for a select group of 25 securities, including prominent companies such as Ambuja Cements Ltd, Bajaj Auto Ltd, Cipla Ltd, and State Bank of India, among others.
• These securities were chosen to pilot the T+0 settlement cycle, with plans for potential expansion in the future.
• All investors are eligible to participate in the T+0 settlement cycle provided they meet the prescribed timelines, processes, and risk requirements outlined by Market Infrastructure Institutions (MIIs).
• This inclusive approach aims to ensure broad access to the benefits of same-day settlement while maintaining prudent risk management standards.

Trading Timings and Price Band

• During the optional T+0 settlement cycle, trading occurs within a single continuous session from 09:15 AM to 1:30 PM.
• Settlement of funds and securities is completed on the same day by 4:30 PM.
• Price bands in the T+0 segment operate with a range of +100 basis points from the price in the regular T+1 market, with recalibration after every 50 basis points movement.

Benefits of T+0 Trade Settlement

• The T+0 settlement cycle offers several advantages for investors and the securities market ecosystem:
  • Cost and Time Efficiency:
    • By enabling same-day settlement of trades, investors can realize cost savings and expedite the deployment of capital, leading to greater efficiency in the market.
  • Transparency in Charges:
    • The shortened settlement cycle promotes transparency in charges levied on investors, enhancing trust and confidence in the market infrastructure.
  • Risk Management Enhancement:
    • The move towards T+0 settlement strengthens risk management practices at clearing corporations and across the securities market.
    • Trades are backed by upfront funds and securities, mitigating counterparty risk.
  • Flexibility and Control:
    • Investors gain greater control over their funds and securities with faster pay-out mechanisms.
    • This flexibility empowers investors to manage their portfolios more effectively.
  • Market Efficiency:
    • By freeing up capital and reducing settlement times, the T+0 settlement cycle enhances overall market efficiency, facilitating smoother operations and trading activities.

Securities and Exchange Board of India (SEBI):

• SEBI is a statutory body established on April 12, 1992 in accordance with the provisions of the Securities and Exchange Board of India Act, 1992.
• The basic functions of the Securities and Exchange Board of India is to protect the interests of investors in securities and to promote and regulate the securities market.
• Before SEBI came into existence, Controller of Capital Issues was the regulatory authority; it derived authority from the Capital Issues (Control) Act, 1947.
• Initially SEBI was a non statutory body without any statutory power.
• The headquarters of SEBI is situated in Mumbai. The regional offices of SEBI are located in Ahmedabad, Kolkata, Chennai and Delhi.

SOURCE: https://indianexpress.com/article/explained/explained-economics/t0-settlement-cycle-9236796/

THE CONTEXT: Recent Supreme Court judgment on the Chandigarh mayoral election points to issues in elections to municipalities. Elections to local governments, i.e. panchayats and municipalities, is another matter altogether. The Court intervention is only primary step and a lot more remains to be done to strengthen local governments in India.

ISSUES:

• Delay in municipal elections: One of the major issues with respect to municipal elections is that they are not being held on time. The CAG’s audit reports of 17 States on the implementation of the 74th Constitution Amendment Act (74th CAA) observes that over 1,500 municipalities did not have elected councils in place during the audit period of 2015-2021 across states. Among larger cities, the Greater Chennai Corporation had elections in 2022 after a gap of nearly six years, and the Municipal Corporation of Delhi had elections after a delay of seven months. While the municipal corporations of Mumbai and Bengaluru are awaiting elections for over one and a half years and three years after the expiry of the term of their previous elected councils.
• Delay in formation of elected councils: Even if elections to urban local governments were held there is delay in councils which led to delay in elections of mayors, deputy mayors and standing committees. For example, in Karnataka, there was a delay of 12-24 months in the formation of elected councils after the declaration of election results in most of the 11 city corporations.
• Undermine trust in electoral process: When elections are not well-managed, transparent, and held in time they can undermine trust and legitimacy in the electoral process and the outcome. It can also increase polarization, resentment, or hostility among different groups in society.
• Impede Development and Stability: Irregularities in municipal elections can disrupt economic activities, public services, or infrastructure. It can also create insecurity, uncertainty, or instability that can deter investment, growth, or cooperation.
• Challenges with Functioning of state election commissions: Although the state election commission (SEC) on many occasions tried to exercise its duties enshrined in the constitution of India, they struggled to assert their independence. There are issue of lack of autonomy and lack of safeguard for There is also non-uniform service conditions for SECs as Article 243K(2) states that the tenure and appointment will be directed as per the law made by the state legislature and thus each SEC is governed by a separate state Act. Though municipal legislation across 35 States and UTs reveals that except Meghalaya, all States have constituted SECs but only 11 have empowered them to conduct ward delimitation. The Court has emphasised that in the domain of elections to panchayats and urban local governments under Part IX and Part IXA of the Constitution, SECs enjoy the same status as the Election Commission of India.

THE WAY FORWARD:

• Holding timely elections: The challenge of holding timely elections requires determined enforcement with the Supreme Court’s intervention. There is a need to follow constitutional provision related to holding of regular elections. Article 243U of the 74th CAA stipulates that the duration of urban local governments is five years and that an election to constitute an urban local government should be completed “before the expiry of its duration”. Further, in case of dissolution of the elected council by the State, the election should be held before the expiration of a period of six months from the date of its dissolution. The Supreme Court states in Suresh Mahajan v. State of Madhya Pradesh (2022) that this constitutional mandate is unchallengable.
• Government policy intervention: There is a need for greater policy attention in at least the following aspects:

1. Discretion of government officials in scheduling elections on time

2. Possibility of the State government exercising undue influence on officials to delay elections

3. Discretion of officials in identifying the presiding officer

4. Possibility of conflict of interest as the presiding officer may not be independent

5. Manual ballot paper-based process.

• Roadmap for free and fair election: A reform road map for timely, free, and fair elections is much-needed. The terms of mayors, deputy mayors and standing committees being less than five years furthers this challenge by necessitating frequent elections, sometimes even annually. In India, 17% of cities including five of the eight largest ones have mayoral terms less than five years. There is a need for standardisation of mayoral terms of five years.
• Strengthening role of SEC: To deal with challenges with respect to the conduct of municipal elections, State Election Commissions need to play a far more significant role. Articles 243K and 243ZA of the Constitution state that the superintendence, direction, and control of the preparation of the electoral rolls for, and the conduct of, all elections to panchayats and urban local governments shall be vested in SECs. Strengthening state election commission can help in improving the quality and credibility of local elections.

Unlike the Lok Sabha and State Assemblies, where there is a clear distinction between the legislature and the executive, in the case of a municipality, the mayor heads both the elected and the administrative wings of the city government. Given the reluctance of State governments to strengthen SECs, it is high time that Supreme Court needs to bring greater significance to municipal elections.

THE CONCLUSION:

Electoral reforms to the local bodies are much needed democratic exercises in terms of timeliness of elections, the manner in which they are convened, and the nature in which power is transferred from one government to another. In this respect, it is time to evaluate a potential role for the SECs in the local body elections by providing required finance and autonomy for free and fair election.

UPSC PREVIOUS YEAR QUESTIONS

Q.1 Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct. (2022)

Q.2 There is a dire need for electoral reforms in India, discuss various challenges related to elections in India and suggest some measures to resolve them. (2023)

MAINS PRACTICE QUESTIONS

Q.1 Local body elections are an important aspect of democracy in India as they empower the people at the grassroots level to participate in governance and development. Comment

Q.2 Irregularities in local body elections undermine the democratic process and the rule of law. Critically analyse the statement.

SOURCE: https://epaper.thehindu.com/reader

THE CONTEXT: The Supreme Court of India has recently issued a cautionary order against the granting of pre-trial injunctions to the media in defamation cases, emphasizing the potential threat to freedom of speech and the public’s right to information. This order comes in response to a lower court’s directive to Bloomberg to remove an allegedly defamatory article about Zee Entertainment Enterprises Ltd., which was upheld by the Delhi High Court. The Supreme Court’s directive serves as a reminder of the importance of adhering to the constitutional mandate to protect journalistic expression and the established three-fold test for interim injunctions.

ISSUES:

• Interim Injunctions and Freedom of Speech: The Supreme Court highlighted the potential negative impact of interim injunctions on freedom of speech and public debate. The Court emphasized that granting such injunctions without careful consideration can lead to the suppression of journalistic expression.
• Three-fold Test for Granting Injunctions: The Court reiterated the standard three-fold test for granting interim injunctions, which includes assessing whether there is a prima facie case, whether the balance of convenience favors an interim restraint, and whether not granting the injunction would cause irreparable loss or harm to the plaintiff. The Court criticized the mechanical application of this test without proper analysis of the facts.
• Judicial Orders Against Media: The three types of judicial orders that have been criticized for imposing questionable restrictions on journalistic publications: gag orders that prevent the publication of information related to ongoing cases, broad prior restraint orders based on a plaintiff’s concerns about defamation, and pre-trial orders directing media houses to remove content and refrain from further publication.
• Bonnard vs Perryman Principle: The common law principle established in Bonnard vs Perryman, which states that an injunction in a defamation suit should only be granted if the court is convinced that the content is defamatory and that there is no possible justification for its publication during the trial, such as a defense of truth and public interest.
• SLAPP Suits: The Supreme Court’s order also serves as a reminder of the issue of ‘SLAPP’ suits (Strategic Litigation Against Public Participation), which are legal actions used to intimidate and silence critics by burdening them with the cost of a legal defense until they abandon their criticism.
• Early Injunctions as a ‘Death Sentence’: The Court warned that granting an early injunction in what could be a prolonged trial can act as a ‘death sentence’ for the material that is to be published, effectively censoring the content before it can be fully examined in court.

THE WAY FORWARD:

• Judicious Granting of Injunctions: Courts should exercise exceptional caution when granting pre-trial injunctions, especially ex parte ones, against media platforms. Injunctions should not be granted without establishing that the content is malicious or palpably false.
• Adherence to the Three-fold Test: The three-fold test for granting interim injunctions—assessing prima facie case, balance of convenience, and irreparable loss or harm—must be applied rigorously and not merely recorded as a mantra. Courts must apply their mind to the facts of the case and provide reasoned orders.
• Protection of Free Speech: The constitutional mandate of protecting journalistic expression must be underscored. Courts must balance the fundamental right to free speech with the right to reputation and privacy, and tread cautiously while granting pre-trial interim injunctions.
• Recognition of SLAPP Suits: Courts should be cognizant of the use of SLAPP suits by powerful entities to stifle free speech and public participation. The potential of using prolonged litigation to prevent free speech must be kept in mind by the courts.
• Full-fledged Trials: Injunctions against the publication of material should be granted only after a full-fledged trial is conducted or after the respondent is given a chance to make their submissions.
• Reasoned Orders: Courts granting an injunction are expected to record reasons by analyzing the facts, rather than issuing unreasoned orders that amount to censorship.
• Appellate Intervention: Appellate courts must intervene if the discretion to grant an interim injunction has been exercised capriciously, perversely, or without regard to settled principles of law. The impact of the injunction on the right of free speech further warrants intervention.
• Avoiding Unnecessary Restraints: Courts should avoid issuing outright gag orders, omnibus prior restraint orders, and pre-trial orders to take down articles, except in exceptional cases where the defense advanced by the respondent would be indefensible.

THE CONCLUSION:

The Supreme Court’s admonition serves as a critical check on the issuance of judicial orders that could unduly restrict journalistic freedom, highlighting the need for courts to thoroughly assess the facts before granting injunctions. The Court’s order also addresses the misuse of ‘SLAPP’ suits by powerful entities to suppress public discourse and underscores the severe consequences of early injunctions in defamation cases, which can act as a ‘death sentence’ for the concerned publication.

UPSC PAST YEAR QUESTION:

Q.1 Starting from inventing the ‘basic structure’ doctrine, the judiciary has played a highly proactive role in ensuring that India develops into a thriving democracy. Considering the statement, evaluate the role played by judicial activism in achieving the ideals of democracy. (2014)

MAINS PRACTICE QUESTION:

Q.1 Discuss the impact of judicial orders on media freedom in India, with a special focus on pre-trial injunctions in defamation cases. Analyze the Supreme Court’s recent caution against such injunctions, considering the balance between protecting reputation and ensuring freedom of speech and information.

SOURCE:

https://www.thehindu.com/opinion/editorial/timely-restatement-on-pre-trial-injunctions-against-the-media-and-court-order/article67998564.ece

THE CONTEXT: The Kerala government has filed a petition in the Supreme Court challenging the President’s withholding of assent to four bills passed by the state legislature. This action is part of an ongoing legal battle over the Governor’s refusal to approve bills passed by the assembly. The bills in question relate to state universities and cooperative societies, falling within the state’s jurisdiction.

ISSUES:

• Unconstitutional Action: The Kerala government has challenged the President’s withholding of assent to four bills passed by the Kerala Assembly, arguing that this action is unconstitutional and lacks good faith.
• Violation of Constitution: The state government contends that the actions of the Governor and President violate Articles 14, 200, and 201 of the Constitution, as they pertain to state universities and cooperative societies falling within the state’s domain of law-making.
• Delay and Avoidance: The Governor kept the decision on the bills pending for an extended period, referring them to the President after two years to avoid a Supreme Court direction, which is seen as an unreasonable delay without valid reasons.
• Federal Structure Violation: The state argues that withholding assent by the President based on Union cabinet advice is an encroachment into the state’s domain, violating the federal spirit and structure of governance in India.
• Role of President: The President, as the constitutional head of the country, is expected to act above political considerations. However, her refusal to give assent has raised concerns about partisan and unconstitutional actions.
• Governors’ Role: Governors in opposition-ruled states have been accused of obstructionist behavior, overstepping their powers, and acting like politicians, leading to frequent interventions by the Supreme Court to resolve conflicts between Governors and state governments.

THE WAY FORWARD:

• Judicial Intervention: The Kerala government has already approached the Supreme Court under Article 131 to challenge the President’s actions as unconstitutional. The Supreme Court can provide a ruling that clarifies the constitutional boundaries and powers of the Governor and President in the legislative process.
• Constitutional Amendments: The Sarkaria Commission recommended amending the Constitution to specify time limits and clearer criteria for the Governor and President’s decision-making on state bills. This could prevent indefinite delays and ensure accountability in the legislative process.
• Dialogue and Negotiation: Engaging in dialogue with the central government and the President’s office to find common ground and resolve the issues out of court. This cooperative approach could foster better centre-state relations.
• Sarkaria Commission Recommendations: Appoint experienced individuals to key positions, empower states, promote cooperative federalism, ensure sufficient financial resources for states, and establish a permanent Inter-State Council to resolve disputes.
• Punchhi Commission Recommendations: Establishing a National Integration Council, Amending Articles 355 and 356 to safeguard states’ interests, Consulting states on concurrent list subjects through the Inter-State Council, involving state Chief Ministers in Governor appointments and removals, Regulating the union’s law-making power to ensure state representation.

THE CONCLUSION:

The state government argues that the actions of both the Governor and the President violate key constitutional articles, including Articles 14, 200, and 201. The delay in decision-making by the Governor, followed by a sudden referral to the President, raises concerns about political motives rather than constitutional duties. This situation highlights a growing trend of Governors overstepping their roles, leading to constitutional conflicts that require judicial intervention.

UPSC PAST YEAR QUESTION:

Q.1 Discuss the essential conditions for the exercise of the legislative powers by the Governor. Discuss the legality of the re-promulgation of ordinances by the Governor without placing them before the Legislature. (2022)

MAINS PRACTICE QUESTION:

Q.1 Analyze the role of the Supreme Court of India in addressing disputes between the central and state governments, concerning its jurisdiction and powers. Discuss how this role impacts the federal structure of the country.

THE SOURCE:

https://www.deccanherald.com/opinion/editorial/president-should-be-above-partisan-politics-2951949