Weekly Notes 1 De8d3d69
Weekly Notes 1 De8d3d69
2024
INDEX
01 Polity
• 51st Chief Justice of India Appointed
02 Environment
• Carbon Credit
PRACTICE QUESTIONS
Note:
1. Click on Practice question box to access 10 Prelims questions along with detailed solution
2. Click on IN NEWS ( ) to access the original article of the news
01: POLITY
51st Chief Justice of India Appointed
IN NEWS : Justice Sanjiv Khanna was sworn in as the 51st Chief Justice of
India (CJI), with President Droupadi Murmu administering the oath.
What is CJI?
CJI is the head of the judiciary system in India and the highest-ranking
judge of the Supreme Court.
The CJI leads the business of the Supreme Court and decides on the
composition of benches, case allocation, and court administration.
Article 124: It lays down the procedure for the appointment of judges to
the Supreme Court, including the Chief Justice of India.
Eligibility Criteria:
Must be a citizen of India.
Judicial Experience:
Must have been a judge of a High Court (or multiple High Courts
in succession) for at least 5 years.
Alternatively, must have been an advocate in a High Court for at
least 10 years.
Distinguished Jurist: A person who, in the President’s opinion, is a
distinguished jurist may also be considered.
Procedure for the Appointment of the CJI:
Seniority Principle:
The senior-most judge of the Supreme Court is generally appointed as
the Chief Justice of India.
Collegium System:
The Collegium System is a judicial body that consists of the CJI and
the four senior-most judges of the Supreme Court.
The outgoing CJI usually recommends the name of the senior-most
judge as the successor.
Recommendation Process:
About a month before the incumbent CJI’s retirement, the Ministry
of Law and Justice seeks the recommendation of the sitting CJI for
the next CJI.
The outgoing CJI sends the recommendation to the government,
naming the senior-most judge as the successor.
Presidential Approval:
The recommendation is then forwarded to the President of India.
The President approves the recommendation, and a formal warrant of
appointment is issued.
Oath of Office:
The President administers the oath of office to the new CJI in a formal
ceremony.
Acting CJI (if required):
If the office of the CJI is vacant or the CJI is unable to perform
duties, an Acting Chief Justice is appointed as per Article 126.
This ensures that the Supreme Court continues to function without
interruption.
Functions of the CJI:
Judicial Functions:
Heads the Supreme Court and presides over constitutional benches
and important cases.
Responsible for interpreting and protecting the Constitution and
fundamental rights.
Administrative Functions:
Allocates cases to different benches and manages court schedules.
Recommends the appointment and transfer of Supreme Court and
High Court judges.
Advisory Role:
Advises the President of India on judicial matters, as per Article 143
of the Constitution.
Key Judgements related to Appointment:
First Judges Case (1981):
Background:
The Supreme Court, in this case, upheld the authority of the
executive in the appointment of judges.
Judgement:
The court ruled that the word "consultation" with the Chief
Justice of India in Article 124 did not mean "concurrence," giving
the executive primacy in judicial appointments.
Impact:
This decision reinforced the power of the central government in
judicial appointments.
Second Judges Case (1993):
Reversal:
The Supreme Court reversed its earlier stance from the First
Judges Case, holding that the CJI's opinion should have primacy in
appointments.
Establishment:
Introduced the Collegium System, where the CJI and two senior-
most judges of the Supreme Court would make appointments,
giving more autonomy to the judiciary.
Significance:
Marked a shift towards judicial independence, reducing the
executive's influence over judicial appointments.
Third Judges Case (1998):
Clarification:
The President sought a reference from the Supreme Court to
clarify the Collegium System, and the court expanded the Collegium
to five members: the CJI and the four senior-most judges.
Consensus:
Decisions related to appointments must be made through broad
consensus within the Collegium, ensuring a collaborative approach.
Impact:
This judgement addressed concerns of arbitrariness in
appointments and emphasized transparency and collective
decision-making within the judiciary.
NJAC Case (2015):
Challenge: The National Judicial Appointments Commission
(NJAC) Act was introduced to replace the Collegium System, aiming
for a more balanced approach involving the executive, legislature, and
judiciary.
Ruling: The Supreme Court struck down the NJAC as
unconstitutional, emphasizing the importance of an independent
judiciary free from political influence.
Outcome: The verdict reaffirmed the primacy of the Collegium
System, with the court stressing that judicial independence is a basic
structure of the Constitution, which cannot be compromised.
02: ENVIRONMENT
Carbon Credit
IN NEWS :
The Conference of Parties-29 (COP29) in Baku, Azerbaijan, from
November 11-22, 2024, will focus on climate finance, emphasizing the carbon
credits framework and ongoing disputes between developed and developing
nations.
India is developing a domestic carbon market under the Energy
Conservation (Amendment) Act, 2022, as part of its climate strategy
aligned with the Paris Agreement.
What is the Carbon Credit Mechanism?
What is LignoSat?
INDEX
01 Polity
• AFSPA reimposed in Manipur
02 International Relations
• BASIC Nations
PRACTICE QUESTIONS
Note:
1. Click on Practice question box to access 10 Prelims questions along with detailed solution
2. Click on IN NEWS ( ) to access the original article of the news
01: POLITY
AFSPA reimposed in Manipur
IN NEWS :
The Union Home Ministry has reimposed the Armed Forces (Special
Powers) Act (AFSPA) in six police station limits across five districts in
Manipur, citing continued ethnic violence and security concerns.
What is AFSPA?
"Disturbed Areas":
Declared under Section 3 of AFSPA.
Determined by the Governor of a State or the Union Government.
Triggers:
Armed insurgency.
Ethnic or communal violence.
Breakdown of public order.
Rights Available to Armed Forces under AFSPA:
Arguments in Favor:
Security Tool: Essential in insurgency-prone regions for effective
counter-insurgency operations.
Legal Framework: Provides legal backing to the armed forces to operate
in high-risk areas.
Quick Response: Removes bureaucratic delays in tackling serious threats.
Success Stories: AFSPA has been credited with stabilizing regions like
Tripura and parts of Assam.
Arguments against:
Human Rights Violations: Allegations of extrajudicial killings,
torture, and sexual violence.
Overreach of Power: Perceived as undermining civil liberties and
democracy.
Judicial Oversight Lacking: Forces operate with near-total immunity.
Ineffectiveness: Critics argue it perpetuates alienation and resentment
among local populations.
Reports: Committees like the Jeevan Reddy Committee (2005)
recommended repealing AFSPA, calling it draconian.
Way Forward:
Balance Security and Rights:
Strengthen mechanisms to prevent misuse.
Incorporate provisions for better judicial oversight.
Democratic Reforms: Empower local governments and improve policing in
disturbed areas.
Development as a Strategy: Address socio-economic grievances to reduce
the need for military interventions.
Periodic Review: Regularly assess the necessity of AFSPA in conflict-prone
regions.
Build Trust: Engage local communities to foster confidence in governance.
02: INTERNATIONAL RELATIONS
BASIC Nations
IN NEWS :
BASIC Countries (Brazil, South Africa, India, China) urged developed
nations at COP29 in Baku to honor commitments on climate finance,
rather than shifting financial obligations onto developing countries.
They reiterated the need for the full implementation of the Paris Agreement
(2015) to achieve global climate goals.
What are BASIC Countries?
An informal coalition of four large, newly industrialized economies:
Brazil, South Africa, India, and China.
Formed in 2009 during the climate change negotiations leading to the
Copenhagen Accord.
Represent the interests of emerging economies in climate negotiations,
emphasizing equity and historical responsibility.
BASIC countries account for 40% of the global population and 30% of
Greenhouse Gas emissions.
They advocate for:
Common but Differentiated Responsibilities (CBDR): Developed
nations, historically responsible for climate change, must take the lead.
Equity in climate action, considering economic disparities between
developed and developing countries.
Objectives of BASIC Countries:
Ensure Climate Justice: Demand adequate climate finance, technology
transfer, and capacity-building support from developed nations.
Implement Paris Agreement: Achieve targets that limit global warming to
well below 2°C and aim for 1.5°C above pre-industrial levels.
Support Sustainable Development: Balance developmental priorities with
commitments to reduce carbon emissions.
Oppose Unfair Burdens: Resist attempts to impose stringent obligations on
developing nations without corresponding commitments by developed countries.
Issues faced by BASIC Countries:
Inadequate Climate Finance: Developed nations have not fulfilled their
promise of mobilizing $100 billion annually by 2020 under the Paris
Agreement.
Technology and Capacity Gaps: Lack of affordable access to green
technologies hinders effective climate action.
Unfair Shift of Responsibilities: Emerging economies face pressure to
increase their climate commitments while developed nations dilute theirs.
Economic Challenges: Balancing economic growth and poverty eradication
with stringent climate actions.
Global Inequity: Developed countries often set agendas that
disproportionately impact developing nations, neglecting historical emissions.
14 November
2024 INDEX
Polity
01 • Supreme Court’s Judgement on
Bulldozer Justice
Environment
02 • Sea Ranching
04 Places in News
• Mount Lewotobi Laki Laki volcano
PRACTICE QUESTIONS
Note:
1. Click on Practice question box to access 10 Prelims questions along with detailed solution
2. Click on IN NEWS ( ) to access the original article of the news
01: POLITY
Supreme Court’s Judgement on ‘Bulldozer Justice’
IN NEWS :
The Supreme Court issued guidelines to regulate demolition practices by
state authorities, specifically aimed at preventing illegal demolitions of
properties linked to criminal allegations.
This decision addresses recent instances where state authorities used
bulldozers to demolish homes as a punitive response to alleged criminal
acts, often bypassing due process.
The case garnered attention following the then Chief Justice of India D.Y.
Chandrachud’s remarks, coining such actions as "bulldozer justice".
What was the Case about?
This verdict promotes fair procedures in demolition cases and sets clear
safeguards to prevent arbitrary state actions.
It emphasizes the need for judicial scrutiny in cases involving alleged
criminal-linked demolitions and aims to strengthen public trust in state
authority by ensuring transparency and accountability in administrative
actions.
02: ENVIRONMENT
Sea Ranching
IN NEWS : The sea ranching project was launched off the Vizhinjam coast,
Kerala, where 20,000 pompano fingerlings were released as part of an initiative
to replenish fishery resources and promote sustainable fishing.
What is Sea Ranching?
Sea ranching involves releasing young fish (fingerlings) into the sea to
repopulate fish species in natural habitats.
This practice aims to boost fish populations for conservation and sustainable
fisheries.
Objectives of Sea Ranching:
Replenish marine resources:
Revitalize declining fish populations by enhancing natural breeding and
growth.
Support sustainable fishing:
Enable local fishing communities to sustainably harvest marine
resources.
Enhance biodiversity:
Increase diversity in marine ecosystems by supporting native species.
Benefits of Sea Ranching:
03 Security
• Central Armed Police Forces
04 Places in News
• Sikkim
PRACTICE QUESTIONS
Note:
1. Click on Practice question box to access 10 Prelims questions along with detailed solution
2. Click on IN NEWS ( ) to access the original article of the news
01: ENVIRONMENT
COP29 clears Carbon Credit Trade
IN NEWS : COP29, the annual United Nations Climate Change Conference, has
started in Baku, Azerbaijan. Countries assembled in Baku voted to clear a much-
delayed agreement to finalise a global carbon market.
What is COP?
IN NEWS : The DRDO successfully conducted the maiden flight test of a Long
Range Land Attack Cruise Missile (LRLACM) with a range of 1,000 km
from the Integrated Test Range at Chandipur, Odisha.
What are Cruise Missiles?
Nirbhay:
India’s indigenous subsonic cruise missile with a range of around 1,000
km, used for precision strikes.
BrahMos:
A supersonic cruise missile developed jointly by India and Russia with a
range of about 290-400 km, known for its versatility and speed.
LRLACM (Long Range Land Attack Cruise Missile):
The newly tested missile with a range of 1,000 km, intended to provide
the Indian military with advanced, long-range standoff capabilities.
03: SECURITY
Central Armed Police Forces
They are a group of security forces under the Ministry of Home Affairs
(MHA), responsible for safeguarding the country and maintaining internal
security.
CAPFs are distinct from the Indian Armed Forces and operate under the
direct command of civilian authorities.
Types of Central Armed Police Forces:
02 Environment
• Fungus turning Kodo Millet into Poison
04 Places in News
• Indonesia
PRACTICE QUESTIONS
Note:
1. Click on Practice question box to access 10 Prelims questions along with detailed solution
2. Click on IN NEWS ( ) to access the original article of the news
01: EDITORIAL
Net Borrowing Ceiling
IN NEWS : The State of Kerala approached the Supreme Court against the
Centre’s imposition of a "Net Borrowing Ceiling" (NBC), arguing that it
restricts the state’s borrowing autonomy under Article 293 of the Constitution.
What is the Net Borrowing Ceiling (NBC)?
NBC restricts the maximum borrowing a state can undertake in a fiscal
year, capped at a certain percentage (e.g., 3% of projected GSDP for FY
2023-24).
Scope: It covers all state borrowing sources, including open-market loans,
loans from financial institutions, and liabilities of State-owned entities to
prevent circumvention.
Provisions for Borrowing:
Central Government Borrowing (Article 292 of Indian Constitution):
Authority:
The central government can borrow against the Consolidated Fund of
India.
Limit:
Fixed by laws enacted by Parliament, aimed at controlling the
national debt.
State Government Borrowing (Article 293):
Authority:
States can borrow within India against the Consolidated Fund of the
State.
Central Consent:
Required if any prior central loans remain unpaid; the Centre can
impose conditions.
Historical Context:
Derived from Section 163 of the Government of India Act, 1935,
which initially allowed states some autonomy in borrowing, subject to
conditions by the central government.
Why is there a need for a Net Borrowing Ceiling?
Fiscal Discipline:
Helps control the overall fiscal deficit by limiting borrowing across
central and state levels.
Compliance with Fiscal Targets:
Supports FRBM Act, 2003, which mandates a 3% GDP target for
fiscal deficit and aims for 60% of GDP as public debt by 2025-26.
Control on Inflation and Debt:
Prevents states from excessive borrowing, potentially averting
inflationary pressures and public debt escalation.
Issues Faced by States under NBC:
Reduced Fiscal Autonomy:
States argue that NBC limits their financial independence, hampering
their ability to manage finances as per regional priorities.
Developmental Constraints:
Limits investment capacity in welfare and developmental projects
due to restricted borrowing limits.
Potential for Arbitrary Conditions:
The Centre’s discretionary power to impose borrowing conditions may
lead to inconsistency or bias.
Fiscal Federalism:
Kerala’s challenge on NBC in the Supreme Court questions the balance
of power and fiscal federalism under Article 293.
Way Forward:
Commission for Borrowing Oversight: Establish a commission similar to
the Finance Commission for independent borrowing assessments.
Transparency: Ensure open procedures for loan approvals and conditions.
State Consultation: Implement a formal process of consulting states before
setting borrowing conditions.
Uniformity: Apply conditions equitably to all states to avoid favoritism.
Respect for Fiscal Autonomy: Balance restrictions to allow states
sufficient control over their financial strategies.
02: ENVIRONMENT
Fungus turning Kodo Millet into Poison
Type:
Multi-barrel rocket launch (MBRL) system.
Developed by:
Defence Research and Development Organisation (DRDO) in collaboration
with the Indian private sector.
Purpose:
Designed to deliver precision artillery fire in support of ground
operations and as an alternative to traditional field artillery.
Operational Units:
The Indian Army currently operates four Pinaka regiments and has
placed orders for six additional regiments.
It is named after the divine bow of the Hindu god Shiva.
Key Details:
Variants and Range:
Pinaka Mk-1: Range of 38 km.
Extended Range (ER) Ammunition: Under development to extend the
range to 75 km and ultimately 120 km, with future plans to reach 300
km.
Guided Rockets:
Pinaka ER guided rockets, currently in advanced testing stages, aim to
enhance accuracy and control.
Configuration:
The system can launch 12 rockets in 44 seconds, providing rapid-fire
capability.
Countries using or interested in the system:
India: Primary operator, with several regiments already deployed.
Armenia: The first export customer for the Pinaka system.
France: Currently evaluating Pinaka for potential replacement of its LRU
rocket systems.
04: PLACES IN NEWS
Indonesia
IN NEWS : China and Indonesia recently signed deals worth $10 billion at
the Indonesia-China Business Forum in Beijing, focusing on sectors like green
energy, technology, biotechnology, and food.