Syllabus: General Studies Paper 2

Background

• The proceedings have their genesis in the Delhi High Court judgment of 2017, whereby it held that for the purposes of administration of the NCT of Delhi, the L-G was not bound by the aid and advice of the Council of Ministers in every matter.
• On appeal, the SC in 2017 referred the matter to decide on the interpretation of Article 239AA.
• By a majority decision in 2018, the Constitution bench upheld the respective powers of the state Assembly and the Parliament.
• It said that while the council of ministers must communicate all decisions to the L-G, this does not mean that the latter’s concurrence is required. In case of a difference of opinion, the L-G can refer it to the President for a decision.
• The L-G has no independent decision-making power but has to either act on the ‘aid and advice’ of the Council of Ministers or is bound to implement the decision of the President on a reference being made
• Thus the bench limited itself to the interpretation of Article 239AA, left individual issues to be decided by regular benches
• In 2019 two judge benches upheld two notifications issued by the Centre which had the effect of excluding the jurisdiction of the Delhi government’s Anti-Corruption Branch from probing offences committed by the central government officials and limiting it to employees of the Delhi government.
• However, the judges, differed on who should have control over administrative services
• This was challenged again in the SC where the Centre contended that the two judges could not take a decision on the question as the 2018 Constitution bench judgment had not interpreted the expression “insofar as any such matter as applicable to Union Territories” appearing in Article 239AA. Thus prompting SC to refer the issue to larger constitutional bench

Unresolved Areas in the 2018’s Judgement:

• Overlapping Areas: Though the court has settled that LG is bound to act on the aid and advice except in respect of ‘Land’, ‘Public Order’ and the ‘Police’. However, Public Order is a very wide connotation, which subsequently leads to overlapping executive powers.
• Still No Clarity on Article 239AA (4): The court did not very clearly delineate the issues in respect of which the LG can refer a decision taken by the Council of Ministers to the President in the event of a difference of opinion between the LG and the State government.
• Open-Ended Terminologies: In the event of referring any matter to the President, the Court enunciated that LG must adhere to the constitutional principles of collaborative federalism, constitutional balance and the concept of constitutional governance. However, these terms are very wide and open- ended. They are subject to different interpretations.

Latest Issues

The Delhi government has also separately sought the quashing of amendments to the ‘Government of National Capital Territory of Delhi (GNCTD) Act’ and 13 Rules of the ‘Transaction of Business of the Government of National Capital Territory of Delhi Rules, 1993’.

• It has contended that the amendments violate the doctrine of basic structure of the Constitution and that the Centre, through these changes, has given more power to the Lieutenant Governor than the elected government of the people of Delhi.

Delhi Government’s arguments:

The National Capital Territory government had compared its predicament without power over the ‘services’ like that of a king without a kingdom.

• For example, the government had to get the approval of the Lieutenant Governor to appoint a Health Secretary or a Commerce Secretary. This makes administration really difficult and undemocratic.

The government argues that without the power to control the transfers and postings of the officers, the Principle of “Collective Responsibility” will not be upheld.

Delhi Administration Under Constitution

Delhi is a Union Territory with a legislature and it came into being in 1991 under Article 239AA of the Constitution inserted by ‘the Constitution (Sixty-ninth Amendment) Act, 1991.

• As per the parent Act, the legislative assembly of Delhi has power to make laws in all matters except public order, police and land.

Syllabus: General Studies Paper 3

Cynthia Rosenzweig, a NASA climate research scientist who has spent much of her career explaining how global food production must adapt to a changing climate was awarded the World Food prize.

• Cynthia Rosenzweig, an agronomist and climatologist, was awarded the $250,000 prize in recognition of her innovative modeling of the impact of climate change on food production.

The World Food Prize:

• It is the foremost international honor recognizing the achievements of individuals who have advanced human development by improving the quality, quantity or availability of food in the world.
• Fields Covered: It is an annual award that recognizes contributions in any field involved in the world food supply including plant, animal and soil science; food science and technology; nutrition, rural development, etc.
• Eligibility: It is open for any individual without regard to race, religion, nationality or political beliefs.
• Cash Prize: In addition to the cash award of $2,50,000, the laureate receives a sculpture designed by the noted artist and designer, Saul Bass.

Syllabus: General Studies Paper 3

The United Nations’ World Food Programme (WFP) has said that it is in discussions with India on procurement of wheat as several countries face food security challenges amid the Ukraine war.

Background:

India, in February 2022, signed an agreement with the United Nations World Food Programme (WFP) for the distribution of 50,000 MT of wheat that it has committed to sending Afghanistan as part of a humanitarian assistance.

• India’s wheat production stood at 109.59 million tonnes in the 2020-21 crop year (July-June).

What is the UN WFP?

The World Food Programme (WFP) is the food assistance branch of the United Nations and the world’s largest humanitarian organization addressing hunger and promoting food security.

• Born in 1961, the WFP strives to eradicate hunger and malnutrition, with the ultimate goal in mind of eliminating the need for food aid itself.
• It is a member of the United Nations Development Group and part of its Executive Committee.
• WFP food aid is also directed to fight micronutrient deficiencies, reduce child mortality, improve maternal health, and combat disease, including HIV and AIDS.

It works closely with the other two Rome-based UN agencies:

• The Food and Agriculture Organization (FAO), which helps countries draw up policy and change legislation to support sustainable agriculture.
• The International Fund for Agricultural Development (IFAD), which finances projects in poor rural areas.

Funding:

The WFP has no independent source of funds, it is funded entirely by voluntary donations. Its principal donors are governments, but the organization also receives donations from the private sector and individuals.

Syllabus: General Studies Paper 2

The Delimitation Commission for Jammu and Kashmir was constituted by the Centre on 6th March 2021 to redraw Lok Sabha and assembly constituencies of the union territory in accordance with the provisions of the Jammu and Kashmir Reorganisation Act, 2019 and Delimitation Act, 2002, passed by the Centre in August 2019 along with other J&K-specific Bills.

The panel has recommended seven additional constituencies — six for Jammu and one for Kashmir — taking the total number of seats in the UT to 90 from 83 earlier

• It has reorganised of the Parliamentary constituencies such that the five Lok Sabha seats now are made up of exactly 18 Assembly constituencies each, taking the total number to 90
• It has reserved nine Assembly seats for Scheduled Tribes – six in Jammu and three in Kashmir
• It has removed the regional distinction between Jammu and Kashmir by treating it as one, as is reflected in the combining of Anantnag region in Kashmir with Rajouri and Poonch in Jammu to carve out Anantnag-Rajouri as a Parliamentary constituency.

What is delimitation?

• Delimitation is the act of fixing or redrawing the limits or boundaries of territorial constituencies of Assembly or Lok Sabha seats in a country
• The delimitation exercise is carried out by an independent high-powered panel known as the Delimitation Commission
• The redrawing of the constituencies is done based on its population size – based on its last census
• The process may also result in change in the number of seats in a state.
• This exercise also involves reservation of Assembly seats for SC & ST in accordance with the Constitution.
• The Commissions orders have the force of law and cannot be questioned by any court.

Objective of delimitation: 

• To provide equal representation to equal segments of a population; 
• Fair division of geographical areas so that one political party doesn’t have an advantage over others in an election.

Constitutional Provisions

• Under Article 82, the Parliament enacts a Delimitation Act after every Census.
• Under Article 170, States also get divided into territorial constituencies as per Delimitation Act after every Census.
• Once the Act is in force, the Union government sets up a Delimitation Commission
• Delimitation Commissions had been set up four times — 1952, 1963, 1973 and 2002 under the Acts of 1952, 1962, 1972 and 2002.

Composition of Delimitation Commission

• The Delimitation Commission is appointed by the President of India and works in collaboration with the Election Commission of India

Composition:

• Retired Supreme Court judge
• Chief Election Commissioner
• Respective State Election Commissioners

Syllabus: General Studies Paper 2

The “health star rating” system that the Food Safety Standards Authority of India (FSSAI) plans to adopt in order to help consumers reduce their intake of unhealthy foods has been opposed by close to a dozen consumer and health advocacy groups.

About FSSAI’s Star Rating:

In February 2022, the FSSAI decided to adopt the “health-star rating system”, which gives a product 1/2 a star to 5 stars, in its draft regulations for front of package labelling (FOPL).

• It aims to help consumers reduce their intake of unhealthy foods.
• The HSR format ranks a packaged food item based on salt, sugar, and fat content and the rating will be printed on the front of the package.
• The underlying premise of the HSR is that positive ingredients such as fruits and nuts can offset negative nutrients such as calories, saturated fat, total sugar, sodium to calculate the number of stars ascribed to a product.

 Applicability:

• All packaged food items or processed food will have the HSR label. These will include chips, biscuits, namkeen, sweets and chocolates, meat nuggets, and cookies.
• Exemptions: However, milk and its products such as chenna and ghee are EXEMPTED as per the FSSAI draft notified in 2019.

 Need for HSR:

• A lot of Indian consumers do not read the information available at the back of the packaged food item.
• Also, India has a huge burden of non-communicable diseases that contributes to around 5.87 million (60%) of all deaths in a year.
• HSR will encourage people to make healthy choices and could bring a transformational change in the society.

Why is it being opposed?

• Some experts opposed the use of the HSR model in India, suggesting that consumers might tend to take this as an affirmation of the health benefits rather than as a negative warning of ill effects.
• Impact on Sale: Certain organisations fear it might affect the sale of certain food products.

FSSAI:

FSSAI is an autonomous statutory body established under the Food Safety and Standards Act, 2006 (FSS Act).

Syllabus: General Studies Paper 2

Appointment of Judges 

Constitutional Provisions

• Article 124(2) of the Indian Constitution provides that the Judges of the SC are appointed by the President after consultation with such a number of the Judges of the SC and of the High Courts in the States as the President may deem necessary for the purpose.
• Article 217 of the Indian Constitution states that the Judge of a High Court shall be appointed by the President consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court.
• The Supreme Court has offered diverse meanings of the phrase “consultation”

Evolution of Collegium System

• Collegium System: It is the system of appointment and transfer of judges that has evolved through judgments of the SC

First Judges Case (1981):

• The Supreme Court judgment held that consultation does not mean concurrence and it only implies an exchange of views.

Second Judges Case (1993):

• SC introduced the Collegium system, holding that “consultation” really meant “concurrence”.
• It added that it was not the CJI’s individual opinion, but an institutional opinion formed in consultation with the two senior-most judges in the SC.

Third Judges Case (1998):

• The Court opined that the consultation process to be adopted by the Chief Justice of India requires ‘consultation of plurality judges’.
• The sole opinion of the CJI does not constitute the consultation process.
• He should consult a collegium of four senior-most judges of the Supreme Court and even if two judges give an adverse opinion, he should not send the recommendation to the government.
• The court held that the recommendation made by the chief justice of India without complying with the norms and requirements of the consultation process is not binding on the government.
• Judges of the higher judiciary are appointed only through the collegium system and the government has a role only after names have been decided by the collegium.
• The government’s role is limited to getting an inquiry conducted by the Intelligence Bureau (IB) if a lawyer is to be elevated as a judge in a High Court or the Supreme Court.

Criticism of the Collegium System:

• Opaqueness and a lack of transparency
• Scope for nepotism
• Embroilment in public controversies
• Overlooks several talented junior judges and advocates

Attempts to reform judicial appointments

• The attempt made to replace Collegium System by a ‘National Judicial Appointments Commission’ (through Ninety-ninth Amendment Act, 2014) was struck down by the court in 2015 on the ground that it posed a threat to the independence of the judiciary.

Judiciary is one of the most important pillars of the democracy, thus making the appointments continuous and collaborative process involving the executive and the judiciary, hence it is time to think of a permanent, independent body to institutionalize the process with adequate safeguards to preserve the judiciary’s independence guaranteeing judicial primacy.

Syllabus: General Studies Paper 3

The ISRO is now readying a spacecraft to orbit Venus to study what lies below the surface of the solar system’s hottest planet, and also unravel the mysteries under the Sulfuric Acid clouds enveloping it. ISRO is planning to launch the mission in December 2024.

About Venus:

• Venus is the second planet from the sun and the hottest planet in the solar system with a surface temperature of 500C – high enough to melt lead.
• The planet’s thick atmosphere has cranked the surface pressure up to 90 bars.
• A single Venusian rotation takes 243.0226 Earth days. That means a day lasts longer than a year on Venus, which makes a complete orbit around the sun in 225 Earth days.
• The Venusian planetary core has a diameter of about 4,360 miles (7,000 km), comparable to Earth’s core.
• Venus is one of just two planets that rotate from east to west. Only Venus and Uranus have this “backwards” rotation.

Historic missions to Venus:

• Magellan– A NASA mission that ended in 1994.
• Venus Express – A European mission- focused on atmospheric science.
• Akatsuki- Japanese spacecraft- focused on atmospheric science.

NASA’s two new missions to Venus:

• Davinci+: The Davinci+ (Deep Atmosphere Venus Investigation of Noble gases, Chemistry, and Imaging) mission will:
• Measure the planet’s atmosphere to gain insight into how it formed and evolved.
• Determine whether Venus ever had an ocean.
• Return the first high resolution images of the planet’s “tesserae” geological features (These features could be comparable to continents on Earth).
• Veritas (Venus Emissivity, Radio Science, InSAR, Topography, and Spectroscopy):

• This mission will map the planet’s surface to understand its geological history and investigate how it developed so differently than Earth.
• It will use a form of radar to chart surface elevations and discover whether volcanoes and earthquakes are still happening.

Syllabus: General Studies Paper 3

According to the annual report on Vital Statistics based on 2020 Civil Registration System report:

• The Union Territory of Ladakh (1104) recorded the highest sex ratio at birth in the country in 2020, followed by Arunachal Pradesh, Andaman and Nicobar Islands, Tripura and Kerala.
• Lowest sex ratio at birth was reported by Manipur (880), followed by Dadra and Nagar Haveli and Daman and Diu (898), Gujarat (909), Haryana (916) and Madhya Pradesh (921).
• In 2019, the highest sex ratio at birth was reported by Arunachal Pradesh (1024), followed by Nagaland (1001).

Sex ratio at birth is number of females per thousand males.

Syllabus: General Studies Paper 2

The Supreme Court, in the Media One ban case, has reiterated its intention to examine the legality of governments filing incriminating material in sealed covers without sharing the information with the accused/other party.

The issue of “sealed cover jurisprudence” came up in the previous hearing on March 15, when the Centre wanted to pass on to the court its internal files regarding the ban in a sealed cover.

What is Sealed Cover Jurisprudence?

It is a practice used by the Supreme Court and sometimes lower courts, of asking for or accepting information from government agencies in sealed envelopes that can only be accessed by judges.

• While a specific law does not define the doctrine of sealed cover, the Supreme Court derives its power to use it from Rule 7 of order XIII of the Supreme Court Rules and Section 123 of the Indian Evidence Act of 1872.

 Rule 7 of order XIII of the Supreme Court Rules:

It is stated under the said rule that if the Chief Justice or court directs certain information to be kept under sealed cover or considers it of confidential nature, no party would be allowed access to the contents of such information.

 Exceptions:

• If the Chief Justice himself orders that the opposite party be allowed to access it.
• It also mentions that information can be kept confidential if its publication is not considered to be in the interest of the public.

 Section 123 of the Indian Evidence Act of 1872:

• Under this act, official unpublished documents relating to state affairs are protected and a public officer cannot be compelled to disclose such documents.
• Other instances where information may be sought in secrecy or confidence are when its publication impedes an ongoing investigation, such as details which are part of a police case diary.

 Reasons for Sealed Covers:

• When the matter pertained to the Official Secrets Act.
• To maintain public confidence in the Government agency.
• Delicate international negotiations or those that relate to sensitive aspects of security.
• Details about survivors of sexual assaults or child abuse which may affect their future life and bring unncessary shame affecting the Right to Live with Dignity.
• Disclosure sometimes affects the ongoing investigation. 

Issues with the Sealed Cover Jurisprudence:

• Against the Principles of Transparency and Accountability.
• Reduces the Scope of Reasoning.
• Obstruction to Fair Trial and Adjudication.
• Arbitrary in Nature.

Syllabus: General Studies Paper 2

The Supreme Court disagreed with the Central government’s suggestion that the court should wait till the President took a call on Rajiv Gandhi assassination case convict A.G. Perarivalan’s mercy plea referred to him by the Tamil Nadu Governor for a decision.

Under Article 161 of the Constitution, the Governor was bound by the aid and advice given by the Tamil Nadu Council of Ministers in September 2018 to the Governor to release Perarivalan, who has already served over 30 years of his life sentence. The Governor prima facie had no authority to transfer the mercy plea to the President. There was no role for the President here under the Constitution.

Article 161 mentions the Pardoning Power of the Governor. When a convict has committed an offence against state law, the concerned punishment can be granted the pardon, reprieve, respite and remission by the Governor of the state.

Governor’s Pardoning Power

Similar to the Pardoning power of the president , the pardoning power of the Governor grants the following:

1. Pardon
2. Respite
3. Remission
4. Reprieve
5. Commute