The Hindu Newspaper Analysis 29 November 2022

The Hindu Newspaper Analysis for UPSC

The Hindu Newspaper Analysis 28 November 2022

About NJAC and the Act:

NJAC is a body responsible for the appointment and transfer of judges to the higher judiciary in India. NJAC Bill sought to replace the collegium system of appointing the judges of Supreme Court and High Courts with judicial appointments commission wherein the executive will have a say in appointing the judges.

• A new article, Article 124A, (which provides for the composition of the NJAC) was to be inserted into the Constitution.
• The Bill provided for the procedure to be followed by the NJAC for recommending persons for appointment as Chief Justice of India and other Judges of the Supreme Court (SC), and Chief Justice and other Judges of High Courts (HC).

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According to the bill the commission will consist of the following members:

1. Chief Justice of India (Chairperson, ex officio)
2. Two other senior judges of the Supreme Court next to the Chief Justice of India – ex officio
3. The Union Minister of Law and Justice, ex-officio
4. Two eminent persons (to be nominated by a committee consisting of the Chief Justice of India, Prime Minister of India and the Leader of opposition in the Lok Sabha or where there is no such Leader of Opposition, then, the Leader of single largest Opposition Party in Lok Sabha), provided that of the two eminent persons, one person would be from the Scheduled Castes or Scheduled Tribes or OBC or minority communities or a woman. The eminent persons shall be nominated for a period of three years and shall not be eligible for re-nomination.

• First Judges Case (1981):
  • It declared that the “primacy” of the CJI’s (Chief Justice of India) recommendation on judicial appointments and transfers can be refused for “cogent reasons.”
  • The ruling gave the Executive primacy over the Judiciary in judicial appointments for the next 12 years.
• 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):
  • SC on the President’s reference (Article 143) expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues.

• The Uttarakhand High Court last week stayed till December 15 all further construction activities taking place in Jilling Estate, a small hamlet in Nainital district. The direction was passed after taking an account of Google Maps imagery submitted in the court that depicted depletion of green cover, particularly in 8.5 hectares of the 36-hectares estate.

About NGT:

• Established on 18th October, 2010 under the National Green Tribunal Act 2010.
• Established for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources.
• New Delhi is the Principal Place of Sitting of the Tribunal and Bhopal, Pune, Kolkata and Chennai shall be the other four places of sitting of the Tribunal.
• The Tribunal is not bound by the procedure laid down under the Code of Civil Procedure, 1908, but shall be guided by principles of natural justice.
• NGT is mandated to make disposal of applications or appeals finally within 6 months of filing of the same.

Composition:

• Sanctioned strength: The act allows for up to 40 members (20 expert members and 20 judicial members).
• Chairman: Is the administrative head of the tribunal, also serves as a judicial member and is required to be a serving or retired Chief Justice of a High Court or a judge of the Supreme Court of India.

Selection:

1. Members are chosen by a selection committee (headed by a sitting judge of the Supreme Court of India) that reviews their applications and conducts interviews.
2. The Judicial members are chosen from applicants who are serving or retired judges of High Courts.
3. Expert members are chosen from applicants who are either serving or retired bureaucrats not below the rank of an Additional Secretary to the Government of India (not below the rank of Principal Secretary if serving under a state government) with a minimum administrative experience of five years in dealing with environmental matters. Or, the expert members must have a doctorate in a related field.

• Just ahead of the International Day for Elimination of All Forms of Violence against Women (November 25), the brutal murder and mutilation of a young woman by her partner has drawn attention to intimate partner violence, also recognised under the Protection of Women from Domestic Violence Act 2005 (PWDVA) as a kind of domestic violence.
• Domestic violence is a punishable offence under Indian law. It is a violation of human rights. Yet, the latest round of the National Family Health Survey-5 (2019-21) reveals that we live in a society where violence against women persists to such an extent that 32% of ever-married women aged 18-49 years have ever experienced emotional, physical, or sexual violence committed by their husband, with more rural than urban women reporting experiences of domestic violence. This does not even capture the prevalence of violence by other family members too.
• The most disheartening reality is that despite almost a third of women being subject to domestic violence, the National Family Health Survey-5 (2019-21) reports that only 14% of women who have experienced domestic violence have ever sought help; and this number is much lower in the rural areas.
• Women were hopeful that things would change, that they could change their husband’s behaviour, that he would listen to them. Crucially women did not want to be a ‘burden’ on others, in particular their families.

• A major takeaway from COP27 in Egypt, as far as loss and damage (L and D) is concerned, is the decision relating to new funding arrangements focusing on L and D — those particularly vulnerable to the adverse effects of climate change.
• The committee will aim to identify and expand sources of funding, which demonstrates a lack of clarity on the source of funding (adequate and predictable) accruing to the new fund only. There is a question mark over the new L and D fund with non-compliance by developed countries as far as climate finance commitment (mobilising $100 billion per year by 2020) is concerned.
• In the entire climate change negotiations, the developed countries have consistently opposed being made liable for climate-change related adverse effects. The basis for their contribution to various funds so far is the principle of common but differentiated responsibilities and respective capabilities (CBDR).

What are the key features of the Special Marriage Act (SMA)?

• The Special Marriage Act, 1954 (SMA) was enacted to facilitate the marriage of couples professing different faiths and preferring a civil wedding.
• Conditions – The marriage of any two persons may be solemnised under the SMA, subject to the man having completed 21 years of age and the woman 18.
• First petition – The petition argued that the SMA was “ultra vires” (beyond the powers) the Constitution as it discriminates between same-sex couples and opposite-sex couples.
• It stated that the Act denied same-sex couples both legal rights as well as the social recognition and status that came from marriage.
• It argued that about 15 legislations which guaranteed the rights of wages, gratuity, adoption, surrogacy, etc. were not available to LGBTQ+ citizens.
• Second petition – It argued that the recognition of same-sex marriage was only a continuation of the Navtej Singh Johar judgment of 2018 and the Puttaswamy judgment of 2017.
• The petition only sought to make the 1954 Act gender-neutral.
• It argued that the use of gendered language such as the terms male’/‘female’, ‘husband/wife’, ‘bride/bridegroom’ in the Act limit the accessibilty.

• The right to religion does not include the right to convert other people to a particular religion, especially through fraud, deception, coercion, allurement and other means, the Ministry of Home Affairs told the Supreme Court on Monday.
• The Ministry said the word ‘propagate’ in Article 25 (right to freedom of religion) does not include the right to convert. It is rather in the nature of a positive right to spread one’s religion by exposition of its tenets.
• The government said that, “Fraudulent or induced conversion impinged upon the right to freedom of conscience of an individual apart from hampering public order and therefore, the state is well within its power to regulate or restrict it”.
• Fundamental Right Enshrined: Article 25 says that all persons are equally entitled to freedom of conscience and the right to freely profess, practice and propagate religion.
• The implications of this are:
  • Freedom of conscience: Inner freedom of an individual to mould his relation with God or Creatures in whatever way he desires.
  • Right to Profess: Declaration of one’s religious beliefs and faith openly and freely.
  • Right to Practice: Performance of religious worship, rituals, ceremonies and exhibition of beliefs and ideas.
  • Right to Propagate: Transmission and dissemination of one’s religious beliefs to others or exposition of the tenets of one’s religion.
  • Restrictions:
    These rights are subject to public order, morality, health and other provisions relating to fundamental rights.

Q) Consider the following statements.

1. Indian women received universal suffrage during India’s independence.
2. India has ratified Convention on the Elimination of all Forms of Discrimination against Women (CEDAW).
3. India became the first country to deploy an all-women contingent to a UN Peacekeeping Mission.

Which of the above statements is/are correct?

1. 1, 2
2. 1, 3
3. 2, 3
4. 1, 2, 3

निम्नलिखित कथनों पर विचार करें।

1. भारत की स्वतंत्रता के दौरान भारतीय महिलाओं को सार्वभौमिक मताधिकार प्राप्त हुआ।
2. भारत ने महिलाओं के खिलाफ सभी प्रकार के भेदभाव के उन्मूलन पर कन्वेंशन (CEDAW) का अनुसमर्थन किया है।
3. भारत यूएन पीसकीपिंग मिशन में पूरी तरह से महिला दल को तैनात करने वाला पहला देश बन गया।

उपरोक्त कथनों में से कौन-सा/से सही है/हैं?

1. 1, 2
2. 1, 3
3. 2, 3
4. 1, 2, 3

• Indian women received universal suffrage during India’s independence in 1947. During the drafting of the Universal Declaration of Human Rights, India was instrumental in ensuring that gender sensitive norms were respected by changing the language from ‘all men are created equal’ to ‘all human beings are…. ’ India has also ratified key international conventions to end discrimination against women which include the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW).
• India has been sending women personnel on UN Peacekeeping Missions. In 2007, India became the first country to deploy an all-women contingent to a UN Peacekeeping Mission.

Q) Recently the Government organised ‘Mangarh Dham ki Gaurav Gatha’ programme, that was a tribute to which of the following movements in the Indian freedom struggle?

1. Peasant Movement
2. Movement of the working class
3. Tribal uprising
4. None of the above

हाल ही में सरकार ने ‘मनगढ़ धाम की गौरव गाथा’ कार्यक्रम का आयोजन किया, जो भारतीय स्वतंत्रता संग्राम में निम्नलिखित में से किस आंदोलन को श्रद्धांजलि थी?

1. किसान आंदोलन
2. मजदूर वर्ग का आंदोलन
3. जनजातीय विद्रोह
4. उपरोक्त में से कोई नहीं

• The Prime Minister attended a public programme – ‘Mangarh Dham ki Gaurav Gatha’ at Mangarh Hill, Banswara, Rajasthan, to pay homage to the sacrifices of the unsung tribal heroes and martyrs of the freedom struggle.
• Mangarh Hill holds special importance for the Bhil community and other tribes of Rajasthan, Gujarat, and Madhya Pradesh. During the freedom struggle where Bhils and other tribes engaged in a long stand-off with the British, more than 1.5 lakh Bhils rallied at Mangarh Hill on 17th November 1913 under the leadership of Shri Govind Guru. Britishers opened fire at this gathering, leading to Mangarh Massacre where approximately 1500 tribals were martyred.

Q) Consider the following statements about the NITI Aayog:

1. It was established in 2015 via an executive resolution by replacing the Planning Commission of India.
2. It was established with the aim to achieve sustainable development goals by active involvement of the state government in the planning process.

Which of the above statements is/are correct?

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

नीति आयोग के बारे में निम्नलिखित कथनों पर विचार करें:

1. इसकी स्थापना 2015 में भारत के योजना आयोग की जगह एक कार्यकारी संकल्प के माध्यम से की गई थी।
2. इसकी स्थापना योजना प्रक्रिया में राज्य सरकार की सक्रिय भागीदारी द्वारा सतत विकास लक्ष्यों को प्राप्त करने के उद्देश्य से की गई थी।

उपरोक्त कथनों में से कौन-सा/से सही है/हैं?

1. केवल 1
2. केवल 2
3. 1 और 2 दोनों
4. न तो 1 और न ही 2

Explanation:

• NITI AYOG is a premiere policy think tank of the Government of India. It was established with the aim to achieve sustainable development goals by active involvement of state government in the planning process
• This premiere policy think tank was established in 2015 via an executive resolution by replacing the Planning Commission of India.

Q) Consider the following statements regarding Methane Emissions.

1. Methane is more potent than carbon dioxide in terms of its global warming capacity.
2. Majority of the methane emitted is from natural sources.
3. Livestock farming, rice agriculture and biomass burning emits methane.

Which of the above statements is/are correct?

1. 1 and 2 only
2. 1 and 3 only
3. 3 only
4. 1, 2 and 3

मीथेन उत्सर्जन के संबंध में निम्नलिखित कथनों पर विचार करें।

1. ग्लोबल वार्मिंग क्षमता के मामले में मीथेन कार्बन डाइऑक्साइड की तुलना में अधिक शक्तिशाली है।
2. अधिकांश मीथेन का उत्सर्जन प्राकृतिक स्रोतों से होता है।
3. पशुधन खेती, चावल कृषि और बायोमास जलाने से मीथेन का उत्सर्जन होता है।

उपरोक्त कथनों में से कौन-सा/से सही है/हैं?

1. केवल 1 और 2
2. केवल 1 और 3
3. केवल 3
4. 1, 2 और 3

• Methane, a greenhouse gas, is 80 times more potent than carbon dioxide in terms of its global warming capacity. Approximately 40% of methane emitted is from natural sources and about 60% comes from human-influenced sources, including livestock farming, rice agriculture, biomass burning and so forth.

Q) Which of the following principles is considered as the bedrock principle of parliamentary government?

1. Liberty
2. Sovereignty
3. Fraternity
4. Collective Responsibility

निम्नलिखित में से किस सिद्धांत को संसदीय सरकार का आधार सिद्धांत माना जाता है?

1. स्वतंत्रता
2. संप्रभुता
3. भाईचारा
4. सामूहिक उत्तरदायित्व

• The principle of collective responsibility implies that the Lok Sabha can remove the ministry (i.e., council of ministers headed by the prime minister) from office by passing a vote of no confidence. This is the bedrock principle of parliamentary government. The ministers are collectively responsible to the Parliament in general and to the Lok Sabha in particular (Article 75). They act as a team, and swim and sink together.

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