Article 355 and Article 226

Syllabus: Indian Constitution/ Functions and Responsibilities of the Union and the States/ Functioning of the Judiciary

In News

A High Court, under Article 226 (its writ jurisdiction) of the Constitution, does not have the power to issue a direction to the Centre to invoke Article 355.

Writs in the Indian Constitution

• Habeas Corpus: This writ ensures the right to personal liberty, demanding that an individual under detention be brought before the court to ascertain the legality of their detention.
• Mandamus: Through this writ, the court commands a public official or a governmental authority to perform a specific duty that falls under their jurisdiction.
• Quo Warranto: This writ questions the authority of a person holding a public office and demands to know by what warrant they claim that position.
• Certiorari: This writ is used to review and correct the decisions of lower courts or tribunals, ensuring they are acting within their jurisdiction.
• Prohibition: This writ is issued to prevent an inferior court or tribunal from exceeding its jurisdiction or acting beyond its legal authority.

The Ruling:

• The Madras High Court delivered the ruling while rejecting a writ petition that alleged a breakdown of the constitutional machinery due to an attack on IT officials by a mob.
• According to the High Court, Article 355 of the Indian Constitution seems to have been influenced by provisions in both the US and Australian Constitutions.
• The scope of Article 355 allows the Union government to provide assistance to a State, even in the absence of a specific request from the State Government.
• However, the incident involving the mobbing of IT officials does not fall within the definition of “internal disturbance” as described in Article 355. The term “internal disturbance” is limited to domestic chaos, which may escalate into a security threat. On the other hand, “external aggression” would require a large-scale public disorder posing a threat to the security and administration of the State.

Mains Question:

Under what circumstances can the Financial Emergency be proclaimed by the President of India? What consequences follow when such a declaration remains in force? (UPSC 2018)

Prelims Question: UPSC 2022

With reference to the writs issued by the Courts in India, consider the following statements:

1. Mandamus will not lie against a private organisation unless it is entrusted with a public duty.
2. Mandamus will not lie against a Company even though it may be a Government Company.
3. Any public-minded person can be a petitioner to move the Court to obtain the writ of Quo Warranto.

Which of the statements given above are correct?

1 and 2 only

2 and 3 only

1 and 3 only

1, 2 and 3

Ans: 3

The problem of manual scavenging in India

Syllabus: Mechanisms, Laws, Institutions and Bodies constituted for the Protection and Betterment of Vulnerable Sections

In News

As per the Ministry of Social Justice and Empowerment (MoSJE), the Swachh Bharat Abhiyaan has successfully transformed all unsanitary latrines into sanitary ones, effectively eliminating the problem of manual scavenging.

The Practice of Manual Scavenging in India:

Manual scavenging entails the manual removal of human excreta from dry latrines, public streets, and the maintenance and cleaning of septic tanks, sewers, and gutters.

Prevalence in India:

As of 2018, approximately 58,000 people were engaged in manual scavenging.

In 2022, 48 individuals lost their lives while performing hazardous cleaning of sewers. This number was 49 in 2021, 19 in 2020, and 117 in 2019.

This practice, considered the most deplorable vestige of untouchability, is most widespread among individuals from lower castes/Dalits.

Attempts to abolish manual scavenging

Salient features of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act 2013:

• Prohibition of Manual Scavenging: The act prohibits the practice of manual scavenging in all its forms.
• Expanded Definition: The act broadens the definition of manual scavengers, encompassing all forms of manual removal of human excreta.
• Rehabilitation Focus: A key emphasis is placed on rehabilitating manual scavengers through training programs (with a stipend of Rs. 3000) and providing scholarships for their children.
• Stringent Offence: Manual scavenging is made a cognizable and non-bailable offence.

Protective Measures: Employers are mandated to provide protective tools to the workers.

Other Efforts:

• Scheme for Rehabilitation: Identified sewer workers have been granted a one-time cash payout of ₹40,000 each, benefiting around 58,000 workers. Approximately 22,000 workers have also been connected to skills training programs.
• NAMASTE Scheme: Launched in 2022 for 100% mechanization of sewer work, it has been merged with the rehabilitation scheme for manual scavengers.

Concerns:

• Funding Deficiency: The Union Budget 2023-24 did not allocate funds for the rehabilitation scheme, and only ₹100 crore was allocated for the NAMASTE scheme.
• Training Gap: Less than half of the identified sewer workers have been connected to skills training programs.
• Persistence of Manual Scavenging: Despite efforts, manual scavenging continues in India, with only 520 districts declaring themselves free of the practice.

Way Ahead:

• Ensuring Safety: Administrations should prioritize zero deaths due to hazardous cleaning of sewers and septic tanks.
• Worker Profiling: All local bodies should identify and profile septic tank/sewer workers, providing them with occupational training and safety equipment.
• Health Insurance: Workers should be enrolled in health insurance under the Ayushman Bharat scheme.

Best Practices:

• Bandicoot Robot: The Bandicoot Robot, developed as a Make in India and Swachh Bharat Abhiyan initiative by startup Genrobotics, is the world’s first robotic scavenger.
• Kerala’s Initiative: Kerala became the first state in India to employ robotic technology (Bandicoot) for cleaning all its commissioned manholes.

Shanghai Cooperation Organisation (SCO) summit

Syllabus: Multilateral bodies

In News

Under the leadership of Prime Minister Narendra Modi, India hosted the recent Shanghai Cooperation Organisation (SCO) summit, signifying its inaugural time as a full member hosting the event.

Outcomes of the Summit (New Delhi Declaration):

Outcomes Significance

• Inclusion of Iran as the ninth member of the SCO The expansion of the SCO’s membership to include Iran introduces additional regional dynamics.
• Note: The other 8 members of SCO are China, India, Kazakhstan, Kyrgyzstan, Pakistan, Russia, Tajikistan, and Uzbekistan.
• Agreement on countering radicalization Cooperation among member states to address the activities of terrorist, separatist, and extremist groups, while preventing the spread of religious intolerance, aggressive nationalism, ethnic and racial discrimination, and xenophobia.
• Joint statement on digital transformation Sharing of expertise and cooperation in digital technologies and payment systems.
• SCO Year of Environment Members agreed to declare 2024 as the SCO Year of Environment.
• Criticism of non-UN sanctions Rejection of non-UN sanctions that negatively impact other countries.
• Exploration of national currencies for payments Potential reduction of dependence on international dollar-based payments.

India’s Initiatives

• Five new pillars of Cooperation within SCO Pillars include Startups and Innovation, Traditional Medicine, Youth Empowerment, Digital Inclusion, and Shared Buddhist Heritage.
• Engagement with People Enhancing engagement among people through SCO Millet Food Festival, Film Festival, International Conference on Shared Buddhist Heritage, etc.
• Culture Varanasi was declared the first tourism and cultural capital of SCO.
• India’s abstention from endorsing China’s Belt and Road Initiative (BRI) Reflects concerns over China’s influence and projects in Pakistan-occupied Kashmir.

Analysis

India’s decision to become a member of the SCO was motivated by its economic importance, regional security considerations, and the potential to connect with Central Asian markets and resources. However, the SCO summit, which was originally planned as an in-person event but later shifted to a virtual format, might have been affected by various factors, including the Prime Minister’s U.S. State visit and concerns regarding tensions with China and Pakistan. As India’s term as SCO chairperson comes to an end, there may be concerns about the diminishing returns from its involvement with the SCO.

Conclusion:

Despite the challenges faced during the SCO summit, the present outcomes underscore the significance of India’s chairing of the event, the expansion of SCO membership to include Iran, cooperation on crucial issues, and India’s stance on regional security matters.

Mo Jungle Jami Yojana

The Odisha government has unveiled the “Mo Jungle Jami Yojana” (MJJY) scheme, with the aim of effectively implementing the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006.

If successfully executed, Odisha will become the first state to achieve full compliance with the Forest Rights Act, encompassing:

• Individual forest rights
• Community forest rights
• Habitat rights for particularly vulnerable tribal groups
• Conversion of forest and unsurveyed villages

This scheme aims to grant land ownership and access to forest resources, leading to improved livelihoods and food security for the Scheduled Tribe and forest-dwelling communities. It involves digitizing records, converting unsurveyed and zero area villages into revenue villages, and establishing Forest Rights Cells for effective monitoring and review.

Plea to make Scheduled Caste status ‘religion-neutral’

In News

In a significant development, the Supreme Court has taken up a plea to halt the use of religious identity as a criterion to determine whether communities should be included or excluded from the Scheduled Caste category.

The petition

• The petition challenges the Constitution (Scheduled Castes) Order 1950, which was issued under Article 341(1) of the Constitution. According to Article 341(1), the President has the authority, after consulting with the Governor, to declare certain castes and classes as Scheduled Castes in a State or Union Territory.
• However, the 1950 Order imposes a restriction, stating that individuals who do not belong to Hinduism, Sikhism, or Buddhism cannot be granted Scheduled Caste status. The petition argues that since the word “religion” is not mentioned in Article 341(1), the exclusion of Christians and Muslims from the 1950 Order should be removed.

Scheduled caste status for Dalit converts

Regarding Scheduled Caste status for Dalit converts, the Justice Ranganath Mishra Commission in 2007 recommended providing Scheduled Caste reservation for Dalits who have converted to Christianity and Islam. However, the Center rejected this report. In 2022, a new Commission under G. Balakrishnan was established to examine the issue of granting SC status to individuals who historically belonged to the SC category but have converted to religions other than Hinduism, Buddhism, and Sikhism.

SWAMIH Investment Fund

In News

The Prime Minister has extended his congratulations to the new homeowners in Bengaluru’s first project under the SWAMIH Investment Fund, which has facilitated more than 3000 families in realizing their dream of owning a home.

What is the SWAMIH Investment Fund?

• The Special Window for Affordable and Mid-Income Housing (SWAMIH) is a social impact fund specifically established in 2019 to complete stressed and stalled residential projects.
• The Fund is sponsored by the Ministry of Finance and is managed by SBICAP Ventures Ltd, a State Bank Group company.
• SWAMIH serves as the lender of last resort for distressed projects and considers various factors, including first-time developers, established developers facing project challenges, developers with a history of stalled projects, customer complaints, NPA accounts, and projects entangled in litigation issues.
• Its presence in a project often acts as a catalyst for improved collections and sales, especially in projects that were delayed for extended periods.
• The Fund has raised Rs. 15,530 crore so far and aims to provide priority debt financing for the completion of stressed, brownfield, and RERA-registered residential projects falling within the affordable and mid-income housing category.

Regulation of the Digital Market

In News

The Ministry of Corporate Affairs (MCA) and the Ministry of Information Technology (MeitY) in India have recently clarified their respective roles in the regulation of the digital market to eliminate any redundancy in regulations.

Demarcated Roles:

Ministry Role

• Ministry of Corporate Affairs (MCA) Oversees all competition issues in the digital market.
• Ministry of Information Technology (MeitY) Handles sector-specific and technical issues in the digital market.

Status of India’s digital market:

• India’s digital market is experiencing rapid growth and transformation, encompassing various sectors such as e-commerce, digital payments, online services, social media, and digital advertising. It is projected to reach $1 trillion by 2025-26.
• The government is actively working on introducing legislation, including the Digital India Act and Digital Competition Law, to effectively regulate the expanding digital market.

Ferocious black holes reveal ‘time dilation’ in the early universe

In News

Scientists conducted a study utilizing observations of quasars, powerful black holes, to provide evidence of “time dilation” in the early universe.

• The study revealed that time passed at only about one-fifth the rate it does today, approximately 12.3 billion years ago when the universe was much younger.

About Quasars:

Quasars are incredibly active supermassive black holes, millions to billions of times more massive than our sun, typically found at the centers of galaxies.

They consume matter drawn towards them by their immense gravitational pull and release torrents of radiation, including jets of high-energy particles, while a glowing disk of matter spins around them.

Significance:

This discovery supports Einstein’s theory of relativity, which asserts that time and space are interconnected and that the universe has been expanding since the Big Bang.

Time dilation implies that if one could travel back to that time, a second would still feel like a second, but from the perspective of a person today, a second back then would appear to unfold in five seconds. This study adds to previous evidence of time dilation based on observations of supernovas and emphasizes the intricacy of time in modern physics.

Gravity Hole

In News

A recent study has put forward the theory that the enigmatic “Gravity Hole” in the Indian Ocean may be the remnant of an ancient sea that vanished millions of years ago.

What is Gravity Hole?

• A “Gravity Hole” denotes a substantial gravity anomaly, an area where gravity significantly differs from the surrounding regions. It is characterized by a considerable decrease in gravitational pull compared to the expected value based on the Earth’s normal gravitational field.
• The causes of gravity holes can vary, including geological structures, variations in mass distribution, or other factors that influence the gravitational field in a particular area.
• This phenomenon is estimated to have formed approximately 20 million years ago and is projected to persist for millions of years more.

More about the News:

• The Gravity Hole is an expansive region in the Indian Ocean, situated about 1,200 kilometers southwest of the southernmost tip of India. It has such a low gravity pull that the sea level over the “hole” is approximately 106 meters below the global average. This significant dip in the ocean is known as the Indian Ocean geoid low (IOGL) and was first discovered in 1948.
• Referred to as the Indian Ocean geoid low (IOGL), this vast depression covers over 2 million square miles and lies more than 600 miles beneath the Earth’s crust.
• The study proposes that the IOGL consists of slabs from the Tethys Ocean, which was a sea that separated the supercontinents of Gondwana and Laurasia.
• The Tethys Ocean is believed to have influenced the African Large Low Shear Velocity province, giving rise to plumes beneath the Indian Ocean.

CMV and ToMV

In News

Tomato growers in Maharashtra and Karnataka have faced crop losses due to attacks by two distinct viruses: the cucumber mosaic virus (CMV) in Maharashtra and the tomato mosaic virus (ToMV) in Karnataka and other South Indian states.

• Both viruses belong to separate viral families and spread through different means. 
• ToMV primarily spreads through infected seeds, saplings, and agricultural tools, while CMV is transmitted by aphids. 
• The combination of high temperatures followed by intermittent rain creates favorable conditions for the spread of CMV.

Controlling these viruses involves adhering to biosafety standards, treating seeds, discarding infected material, and implementing good agricultural practices. CMV poses a greater challenge in control due to its wide range of hosts, whereas ToMV can remain dormant in weeds and plant remains.

Nature Restoration Law

In News

The International Union for Conservation of Nature (IUCN) has urged the European Union (EU) to invest in nature restoration, emphasizing the significant long-term economic impacts of neglecting this crucial aspect.

What is Nature Restoration Law?

The Nature Restoration Law is a proposed legislation aimed at reviving and preserving natural areas and ecosystems. It sets legally binding targets for nature restoration in various sectors such as agriculture, forest, marine, freshwater, and urban systems.

EU’s Commitment:

• In May 2023, the IUCN called on the EU to develop a targeted and meaningful restoration plan to bolster the resilience and sustainability of the EU economy.
• The EU Council recently agreed to restore 20% of its land and sea by 2030 and pledged to restore entire ecosystems by 2050.

Significance of Nature Restoration:

• The IUCN highlights the impressive returns on investment in nature restoration, where every Euro spent results in an eight-fold return and benefits worth 38 Euros.
• Nature restoration is vital for achieving resilience, climate, and biodiversity targets, playing a critical role in maintaining healthy ecosystems in pursuit of these objectives.

About IUCN:

The International Union for Conservation of Nature (headquartered in Gland, Switzerland, founded in 1948) is an international organization dedicated to nature conservation and sustainable use of natural resources. It is actively involved in data gathering, analysis, research, field projects, advocacy, and education.

Taiwan 

In News

In a move aimed at strengthening economic linkages between the two countries, Taiwan has announced the opening of its third representative office in India, located in Mumbai. Despite not having formal diplomatic relations, India and Taiwan have made significant progress in various domains such as economics, trade, and technology.

Taiwan holds a prominent position in the global market, producing 92% of the world’s most advanced logic chips and 70% of smartphone chipsets, along with other critical components.

Officially known as the Republic of China, Taiwan is situated in East Asia, positioned at the junction of the East and South China Seas in the northwestern Pacific Ocean. It shares borders with the People’s Republic of China to the northwest, Japan to the northeast, and the Philippines to the south.

Zaporizhzhya Nuclear Power Plant (Ukraine)

In News

The Zaporizhzhya Nuclear Power Plant in Ukraine, situated in a war zone, is confronted with numerous risks to its safety and operation. The plant is equipped with VVER-1000 reactors and has implemented safety enhancements following the Chornobyl and Fukushima accidents.

Ukraine, a country in Eastern Europe, holds the distinction of being the second-largest European country after Russia. It shares borders with Belarus to the north, Poland, Slovakia, and Hungary to the west, and Romania and Moldova to the southwest. Additionally, it boasts a coastline along the Black Sea and the Sea of Azov to the south and southeast.

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