June 17 - June 22 Flashcards
What is the northern most state of India
Jammu and Kashmir
10th Schedule of the Constitution
Why in news
The Supreme Court has asked the Goa Assembly Speaker to respond to a plea filed by the opposition Congress party to decide on the disqualification proceedings against 10 legislators who joined the ruling BJP in July last year.
What’s the issue
10th Schedule of the constituion
In July last year 10 MLAs, purportedly claiming to form a two-third of Indian National Congress (INC), decided to merge the said legislature party with the BJP and accordingly addressed a communication to that effect to the Speaker.
Based on the communication, the Speaker took note of the “alleged merger of INC’s legislative party in the Goa Legislative Assembly, and allotted the 10 seats in the Assembly along with the members of the BJP”.
However, petitioners contended that the legislators in question have incurred disqualification under Article 191(2) of the Constitution, read with para 2 of the Tenth Schedule (defection), and are liable to be disqualified as members of the Legislative Assembly.
What is the anti-defection law?
The Tenth Schedule was inserted in the Constitution in 1985 by the 52nd Amendment Act.
It lays down the process by which legislators may be disqualified on grounds of defection by the Presiding Officer of a legislature based on a petition by any other member of the House.
The decision on question as to disqualification on ground of defection is referred to the Chairman or the Speaker of such House, and his decision is final.
The law applies to both Parliament and state assemblies.
Disqualification under anti defection law
If a member of a house belonging to a political party:
Voluntarily gives up the membership of his political party, or
Votes, or does not vote in the legislature, contrary to the directions of his political party.
However, if the member has taken prior permission, or is condoned by the party within 15 days from such voting or abstention, the member shall not be disqualified.
If an independent candidate joins a political party after the election.
If a nominated member joins a party six months after he becomes a member of the legislature.
Exceptions under the law
Anti defection law or 10th schedule of the constitution
Legislators may change their party without the risk of disqualification in certain circumstances.
The law allows a party to merge with or into another party provided that at least two-thirds of its legislators are in favour of the merger.
In such a scenario, neither the members who decide to merge, nor the ones who stay with the original party will face disqualification.
Decision of the Presiding Officer is subject to judicial review
The law initially stated that the decision of the Presiding Officer is not subject to judicial review.
This condition was struck down by the Supreme Court in 1992, thereby allowing appeals against the Presiding Officer’s decision in the High Court and Supreme Court.
However, it held that there may not be any judicial intervention until the Presiding Officer gives his order.
Advantages of anti-defection law
Provides stability to the government by preventing shifts of party allegiance.
Ensures that candidates remain loyal to the party as well the citizens voting for him.
Promotes party discipline.
Facilitates merger of political parties without attracting the provisions of Anti-defection
Expected to reduce corruption at the political level.
Provides for punitive measures against a member who defects from one party to another.
Various Recommendations to overcome the challenges posed by the law
Dinesh Goswami Committee on electoral reforms: Disqualification should be limited to following cases:
A member voluntarily gives up the membership of his political party
A member abstains from voting, or votes contrary to the party whip in a motion of vote of confidence or motion of no-confidence.
Political parties could issue whips only when the government was in danger.
Law Commission (170th Report): Provisions which exempt splits and mergers from disqualification to be deleted.
Pre-poll electoral fronts should be treated as political parties under anti-defection.
Political parties should limit issuance of whips to instances only when the government is in danger.
Election Commission:
Decisions under the Tenth Schedule should be made by the President/ Governor on the binding advice of the Election Commission.
Reservation is not a fundamental right says Supreme Court
What Is the context
The Supreme Court has said that reservation of seats to certain communities was not a Fundamental Right.
What is the issue
Under Reservation is not a fundamental right says Supreme Court
The Court said this while refusing to act on a petition filed by all political parties from Tamil Nadu who sought 50% OBC reservation in the all-India NEET seats surrendered by states.
All political parties from Tamil Nadu filed a writ petition under Article 32 of the Constitution.
They accused the Centre of violating the “right of the people of Tamil Nadu to have a fair education” by not implementing the 50% quota for Backward Classes and Most Backward Classes for the All India Quota seats in medical and dental science courses.
Key observations made by the Court
Under Reservation is not a fundamental right says Supreme Court
Reservation is not a fundamental right”. Hence, Article 32 could not be applied.
Therefore, not giving the quota benefits cannot be construed as a violation of any constitutional right.
Petitioners’ arguments
Non-implementation of such reservations in the state amounted to violation of Fundamental Rights of its residents.
This is because, the Director General of Health Services is not following any of the following laws to provide reservations:
The Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of Appointments or Posts in the Services under the State) Act, 1993 to provide 50% reservation for OBC candidates in All India Quota in undergraduate as well as postgraduate medical courses in Tamil Nadu.
27% reservation for OBC candidates in All India Quota in undergraduate as well as postgraduate medical courses to other States.
Court’s verdict on Reservation in promotions
In February 2020, the Supreme Court ruled that there is no fundamental right to claim reservation in public jobs and no court can order a state government to provide for reservation to SC/STs.
Additional information
For reservations
Articles 15(4) and 16(4)state that the equality provisions do not prevent the government from making special provisions in matters of admission to educational institutions or jobs in favour of backward classes, particularly the Scheduled Castes (SCs) and the Scheduled Tribes (STs).
Article 16(4A) allows reservations to SCs and STs in promotions, as long as the government believes that they are not adequately represented in government services.
In the Indra Sawhney case of 1992, the Supreme Court fixed the upper limit for the combined reservation quota should not exceed 50% of seats.
In 2019, the 103rd Constitution Amendment Act was passed empowering both Centre and the states to provide 10% reservation to the EWS category of society in government jobs and educational institutions.
Writ jurisdiction of SC and HC
The Supreme Court under Article 32 and the High courts under Article 226 of the Constitution can issue the writs of habeas corpus, mandamus, prohibition, certiorari and quo-warranto to check and enforce fundamental rights .
The Parliament under Article 32 can also empower any other court to issue these writs. However, no such provision has been made so far.
The Supreme Court can issue writs only for the enforcement of fundamental rights whereas a High court can issue writs for the enforcement of Fundamental Rights and also for an ordinary legal right.
Supplying washed coal
Context
The government had recently amended the Environment Protection Act to drop the mandatory washing of coal supplied to thermal power plants.
This notification undid the government’s 2016 order, which made coal washing mandatory for supply to all thermal units more than 500 km from the mine as part of its climate-change commitments.
What’s the issue?
Under supplying washed coal
Few experts had opposed this move.
They said, the notification would “undo whatever limited progress” was made so far in reducing pollution load at coal-based power stations.
However, the government defended its move and has questioned those opposing, “How is coal not dirty within 500 km, and how does it become dirty after 500 km?”
What was the rationale behind the mandatory washing requirement?
From January 2014 onwards, the Environment Ministry had been working towards “progressive reduction” of distance that unwashed coal would travel, keeping in view that ultimately all coals, irrespective of distance from supplying mines, will have to be washed and comply with less than 34 per cent ash limit.
This was done in line with the country’s stand in climate change negotiations – not to reduce coal consumption and rather focus on emission control.
Washing coal increases the efficiency and quality of the dry fuel.
In theory, a process like coal washing was supposed to be good for everyone; thermal power plants would have fewer operational problems due to poor coal quality.
The combustion of washed coal would be better from an emissions and local air pollution perspective, and the unnecessary transport of large amounts of ash and non-combustible material would be minimized.
This was ultimately aimed at the protection of the environment.
Why the present government decided to do away with this?
Agreeing that coal washing does not help reduce emissions, the power ministry has said that “coal rejects from washery find their way into the market for use by industries and create pollution”.
It said washing of coal is unable to meet its intended objective as “it merely localises the pollution around coal mines which otherwise would have been distributed over larger areas”.
It has also pointed out that the process of coal washing is cumbersome and costly.
It also leads to reduction in the calorific value of the coal as well.
Way ahead
The power ministry has instead batted for pollution control technologies at power generation units.
Under the guidelines of the Central Pollution Control Board, plants with close to 50 gigawatt of thermal power capacity need to install emission control systems.
It would also be beneficial to use raw coal instead of washed coal.
With the use of supercritical technology in power plants, technological improvement to arrest emissions, unwashed coal can be used efficiently and economically using washed coal which makes power generation costlier.
IAEA begins meet over Iran’s n-programme
The Context
The International Atomic Energy Agency (IAEA) has expressed “serious concern” about Iran’s failure to cooperate with its probe into undeclared nuclear material in the country.
Observations made by IAEA (International Atomic Energy Agency)
Iran had failed to give its inspectors access to two sites the agency wanted to visit.
Iran didn’t answer questions about the use of possible undeclared nuclear material in the early 2000s and what had happened to it since.
There is a big jump in Iran’s nuclear-fuel stockpile, far above the levels permitted under the 2015 pact.
Iran has reduced its compliance with the nuclear deal in response to sweeping U.S. sanctions.
What next?
If Iran fails to answer the IAEA’s questions, the issue could be sent up to the U.N. Security Council, which has previously imposed sanctions on Iran.
However, permanent members of the security council Russia and China have publicly played down the significance of Iran’s past nuclear work.