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GS Paper 2: Judiciary and Quasi-Judicial Bodies
Context:
The Supreme Court has clarified that tribunals functioning under the strict parameters of their governing legislations cannot direct the government to make policy.
What was the matter?
The Bench was dealing with a question of whether the Armed Forces Tribunal (AFT) could have directed the government to make a policy to fill up the post of the Judge Advocate General (Air).
SC Jurisdiction:
Making policy, as is well recognised, is not in the domain of the judiciary.
The Tribunal is also a quasi-judicial body, functioning within the parameters set out in the governing legislation.
It cannot direct those responsible for making policy, to make a policy in a particular manner.
It has been observed time and again that a court cannot direct the government for a legislation or a policy to be made.
About Tribunals:
Tribunals stand as judicial or quasi-judicial bodies, established by legal statutes to expedite the adjudication process in contrast to conventional courts.
They serve as specialized platforms, offering expertise in specific subject matters.
These bodies undertake various roles, including settling disputes, determining the rights of disputing parties, issuing administrative rulings, and reviewing prior administrative decisions, among other functions.
Background:
The term 'Tribunal' indeed finds its origins in the concept of 'Tribunes' from the Classical Roman Republic.
The 'Tribunes' were officials entrusted with safeguarding citizens from arbitrary actions carried out by the aristocratic magistrates, serving as a form of protection for the people.
In a broader sense, a 'Tribunal' represents the office or authority vested in 'Tribunes'.
It encompasses any individual or institution empowered to judge, adjudicate, or settle claims and disputes, irrespective of whether it formally bears the title 'Tribunal'.
This broad definition signifies the role of any entity that holds the authority to make decisions on disputes or matters requiring adjudication.
Tribunals Composition:
Tribunals stand out from traditional courts due to the inclusion of expert members, often termed technical members, alongside judicial members.
This composition is a distinctive feature setting them apart.
The Supreme Court has acknowledged that tribunal members can be chosen from governmental departments as well as various specialized fields of expertise.
Judicial Members, eligible for appointment based on a judicial background like High Court judges or experienced lawyers meeting the criteria for High Court Judge appointments, are the standard for the tribunal.
However, the Supreme Court has clarified that in cases where jurisdiction from courts is transferred to tribunals to expedite case resolution, the presence of a technical member might not be necessary.
This emphasis underscores the priority of expeditious matter resolution when transitioning jurisdiction to tribunals.
Constitutional Provisions:
The 42nd Amendment Act of 1976 introduced Articles 323-A and 323-B into the Indian Constitution.
Article 323-A grants authority to Parliament to establish administrative tribunals, both at the central and state levels, specifically tasked with adjudicating issues concerning the recruitment and service conditions of public servants.
Article 323-B outlines specific subjects, including taxation and land reforms, for which Parliament or state legislatures are empowered to create tribunals by enacting corresponding laws.
These tribunals are designated to handle disputes and matters related to the specified subjects within their jurisdictions.
Need for Tribunals:
GS Paper 1: Geographical features and their locations, Rivers of India.
Context:
River basins in peninsular India face a higher probability of widespread flooding compared to the Ganga and Brahmaputra, according to a new study.
Major Highlights:-
Narmada basin has the highest probability (59 per cent) of widespread flooding.
it is followed by Mahanadi (50 per cent), Godavari (42 per cent), Krishna (38 per cent) and Cauvery (19 per cent).
As for transboundary river basins, Ganga and Brahmaputra have a probability of 21 per cent and 18 per cent, respectively.
Periodic Flow:-
Godavari, Mahanadi and Narmada basins recorded widespread flooding in July, August and September.
The trend of seasonality is also tied to rainfall. India receives around 80 per cent of the total annual precipitation during the summer monsoon season from June to September, the paper highlighted.
Godavari, Mahanadi, and Narmada basins lie in the core monsoon region and receive more rainy days from July to September, the findings showed.
The Cauvery faces flooding in October-December, as most of the river’s sub-basins receive rainfall during the northeast monsoon season.
The Brahmaputra river basin experienced widespread floods during June-July as the northeast region receives rainfall earlier compared to northern Indian states.
Reasons:-
Drivers of widespread flooding are associated with atmospheric rivers, large atmospheric circulations carrying moisture from the tropics to extratropic.
Events like the 2018 Kerala floods, the 2022 Pakistan floods, and the lower Mississippi River floods in 2008, 2011, and 2015–19 were linked to atmospheric rivers.
The drivers of widespread floods are expected to alter the timing, occurrence, and probability of widespread floods in a warming climate.
About Atmospheric Rivers:-
Atmospheric rivers refer to elongated and narrow corridors in the atmosphere that transport large amounts of water vapour across vast distances.
These "rivers in the sky" can extend for thousands of kilometres, often originating in the tropics or subtropics and moving towards higher latitudes.
They can be 250–375 miles wide and over 1,000 miles long.
Himalayan River System vs. Peninsular River System (Characteristics):-
The Himalayan River System:-
Origin: Originating from the lofty Himalayan ranges, these watercourses are known as the Himalayan rivers.
Catchment Area: These rivers encompass expansive basins and catchment areas. The total basin area of the Indus, Ganga, and Brahmaputra rivers measures 11.78, 8.61, and 5.8 lakh square kilometres, respectively.
Valleys: Flowing through deep V-shaped valleys termed gorges, these rivers have been sculpted by the simultaneous uplift of the Himalayas and the process of down-cutting.
Drainage Type: These rivers exemplify antecedent drainage patterns.
Water Flow: The Himalayan rivers exhibit perennial characteristics, ensuring year-round water flow. They receive water from both monsoons and snowmelt, rendering them valuable for irrigation purposes.
Stage: Streaming across youthful fold mountains, these rivers are in their youthful stage of development.
Meanders: The upper stretches of Himalayan rivers display highly winding courses. Upon entering the plains, their water flow slows, causing the rivers to form meanders and frequently alter their courses.
Deltas and Estuaries: At their terminus, Himalayan rivers form expansive deltas. The Ganga-Brahmaputra delta stands as the largest delta globally.
The Peninsular River System:-
Origin:- Originating from the Peninsular Plateau, these waterways are referred to as Peninsular rivers.
Catchment area:- The basins and catchment areas of these rivers are relatively small. For instance, the Godavari boasts the largest basin area among them, measuring 3.12 lakh square kilometres, which is less than one-third of the Indus River's basin area.
Valleys:- The Peninsular rivers traverse relatively shallow valleys characterized by mostly complete grading. These rivers exhibit minimal erosional activity due to their graded nature.
Drainage Type:- These rivers exemplify consequent drainage patterns.
Water Flow:- The Peninsular rivers primarily rely on rainfall as their water source, resulting in flow only during the rainy season. Consequently, these rivers are categorized as seasonal or non-perennial, significantly limiting their utility for irrigation purposes.
Stage:- Flowing across one of the oldest plateaus globally, these rivers have reached a state of maturity in their development.
Meanders:- Due to the hard rock surface and non-alluvial nature of the plateau, there's limited opportunity for the creation of meanders. Consequently, rivers within the Peninsular Plateau tend to adopt mostly straight courses.
Deltas and Estuaries:- Certain Peninsular rivers, like the Narmada and the Tapi, create estuaries. On the other hand, rivers like the Mahanadi, the Godavari, the Krishna, and the Cauvery form deltas.
Moreover, numerous small streams that originate in the Western Ghats and flow westward directly enter the Arabian Sea without forming deltas.
Related Search:
Drainage System
Prelims Specific:
Reasons for flooding in Peninsular River
About Atmospheric rivers
About Himalayan River System
About the Peninsular River System
GS Paper 2: Indian Judiciary and Indian Constitution
Context:
President Droupadi Murmu suggested that an All-India Judicial Service (AIJS) will help diversify the judiciary, recently.
Current System:
Contrasting the proposed AIJS, the current system for recruiting district judges operates through the authority granted by Articles 233 and 234 to states.
State Public Service Commissions and High Courts manage the appointment process since High Courts exercise jurisdiction over the subordinate judiciary within their respective states.
Candidates undergo the Provincial Civil Services (Judicial) exam, commonly known as the judicial services exam, followed by interviews conducted by panels of High Court judges to finalize appointments.
Article 233 specifically deals with the appointment of district judges, while Article 234 pertains to the recruitment of individuals, excluding district judges, for the judicial service.
About All India Judicial Service (AIJS):
AIJS proposes the implementation of a unified recruitment system for judges, focusing on the appointment of additional district judges and district judges nationwide.
Its primary goal is to streamline the selection process akin to the Union Public Service Commission (UPSC), assigning successful candidates to various states.
Origin:
Its roots trace back to recommendations outlined in Law Commission reports from 1958 and 1978, aiming to resolve systemic issues like disparate pay scales, expedited filling of vacancies, and standardized training protocols across the country.
The concept gained renewed attention in 2006 when the Parliamentary Standing Committee revisited the idea, advocating for a comprehensive pan-Indian judicial service.
The proposal gained further traction through the 'Strategy for New India at 75' presented by NITI Aayog.
It was advocated for significant judicial reforms, including the establishment of an All India Judicial Service (AIJS) modeled after prestigious administrative services like the IAS and IPS.
Constitutional Provisions:
Constitutionally, Article 312 provides the framework for establishing the AIJS, akin to central civil services, contingent upon a Rajya Sabha resolution supported by at least two-thirds of its members.
However, Article 312 (2) stipulates that the AIJS cannot include any position inferior to that of a district judge, as defined in Article 236, which encompasses roles like city civil court judges, additional district judges, among others.
Feasibility:
Context:
The International Organisation for Migration (IOM) launched Project PRAYAS to facilitate safe, orderly and regular migration for Indian workers and students.
About Project Prayas:-
The project, PRAYAS (Promoting Regular & Assisted Migration for Youth and Skilled Professionals), was launched in partnership with the Ministry of External Affairs.
Established in 1951, IOM is a UN agency dedicated to promoting humane and orderly migration.
It brings together state-level efforts and emphasizes enhancing coordination between state and central governments.
This initiative encompasses analyzing migration patterns, addressing the requirements of migrants, and initiating programs to promote awareness regarding secure migration procedures.
The overarching aim is to fortify the governance of international migration.
India's Diaspora:-
India boasts an extensive diaspora, surpassing 32 million individuals worldwide as of December 2021.
The country holds the distinction of being the foremost recipient of remittances globally.
India's commitment to the well-being of its diaspora is evident through various initiatives.
It includes pre-departure orientation training, the Indian Community Welfare Fund (ICWF) designed to aid those in distress, the MADAD Portal dedicated to resolving grievances, and the Know India Programme, aimed at acquainting the younger diaspora with contemporary India.
These endeavors collectively reflect India's dedication to its global community and their welfare.
International Organization for Migration (IMO):-
IOM, the International Organization for Migration, operates as an intergovernmental body, extending services and counsel on migration matters to governments and various migrant groups, including refugees, internally displaced persons, and migrant laborers.
Establishment:- Originating in 1951 as the Intergovernmental Committee for European Migration (ICEM), its primary goal was to aid in the resettlement of individuals displaced by World War II.
UN Status:- Granted Permanent Observer status to the UN General Assembly in 1992, IOM is now an integral part of the United Nations.
Key Report:- The organization publishes the annual World Migration Report, a significant document highlighting global migration trends and issues.
Focus Areas:- IOM operates across four primary spheres of migration management: migration and development, facilitation of migration, regulation of migration, and addressing forced migration.
Membership:- Currently, it boasts 175 member states, including India.
Significance:
Led predominantly by American leadership, IOM holds a pivotal role in addressing worldwide migration challenges.
It provides critical aid to migrants and counsels governments on formulating migration-related policies, marking its significance in the realm of global migration affairs.
Context:
The Union Minister for Power and New & Renewable Energy has informed that the Government has approved the scheme for Viability Gap Funding (VGF) for development of Battery Energy Storage Systems (BESS) with capacity of 4,000 megawatts hours (MWh).
About Battery Energy Storage Systems:-
This scheme envisages the development of 4,000 MWh of BESS projects by 2030-31.
Its Funding:
The Union government extends financial backing, offering up to 40% of the capital cost as Viability Gap Funding (VGF) to Battery Energy Storage System (BESS) projects.
This support is disbursed in five stages linked to different implementation phases of the projects.
The primary objective of the scheme is to achieve a Levelized Cost of Storage (LCoS) between Rs. 5.50 and Rs. 6.60 per kilowatt-hour (kWh), aiming to establish stored renewable energy as a feasible solution for managing peak power demands nationwide.
To ensure accessibility to the scheme for consumers served by Distribution Companies (Discoms), a minimum of 85% of the power generated from VGF-supported BESS projects will initially be offered to Discoms before being made available to others.
The selection process for BESS developers eligible for VGF grants will be conducted through a transparent and competitive bidding procedure.
This approach fosters fair competition, enabling both public and private sector entities to participate on an equal footing.
Its Significance:-
This initiative aims not just to bolster the integration of renewable energy into the power grid but also to curtail wastage and optimize the use of transmission networks.
By doing so, it mitigates the necessity for expensive infrastructure upgrades.
The adoption of a competitive bidding process is set to cultivate healthy competition, nurturing a robust Battery Energy Storage System (BESS) ecosystem.
This approach is poised to attract substantial investments and create opportunities for associated industries to flourish.
Structured to leverage the potential of renewable energy sources like solar and wind power, this scheme is tailored to deliver clean, dependable, and cost-effective electricity to citizens.
Its core objective is to provide sustainable and affordable power for all.
Context:
Rare rainbow clouds have brightened skies across the West Midlands.
About Nacreous clouds:-
Known as Nacreous clouds, they form in very cold conditions over the poles and in the stratosphere, up to 19 miles (31km) high, far above normal clouds.
Sometimes called mother-of-pearl, it is formed in air that is about -80C (-112F) which causes tiny ice crystals to reflect the sunlight, giving the cloud pearly colours.
Phenomenon:-
The phenomenon behind iridescent clouds is attributed to diffraction, a process where sunlight interacts with tiny water droplets or small ice crystals in the atmosphere, causing the scattering of light.
While larger ice crystals don't generate iridescence, they are capable of creating halos.