[Mission 2022] INSIGHTS DAILY CURRENT AFFAIRS + PIB SUMMARY 19 MAY 2022 – INSIGHTSIAS

GS Paper 2:

Topics Covered: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

Context:

The Supreme Court has invoked its extraordinary powers to do complete justice under Article 142 of the Constitution and ordered the release of A.G. Perarivalan in former Prime Minister Rajiv Gandhi assassination case.

What necessitated this?

• The court ordered Perarivalan’s freedom after considering his extended detention of almost 30 years.
• The court used its constitutional rights because of the extended wait and the Governor’s unwillingness to take a decision on the pardon petition.

What is Article 142?

From the Union Carbide Case in 1989 to the Ayodhya Ram Mandir judgment in 2019, the top court has many a time invoked its extraordinary powers under Article 142 of the Constitution.

• Article 142 “provide(s) a unique power to the Supreme Court, to do “complete justice” between the parties,e., where at times law or statute may not provide a remedy, the Court can extend itself to put a quietus to a dispute in a manner which would befit the facts of the case.

Why did the Constituent Assembly feel the need to incorporate Article 142?

• The Constituent Assembly emphasised the importance of including such an article in the Constitution.
• The writers of the Constitution believed that this provision was critical for individuals who are forced to suffer because of the legal system’s disadvantageous position in granting required remedies.

Pardoning powers of the President vs Governor:

The court dismissed the Centre’s argument that the President exclusively, and not the Governor, had the power to grant pardon in a case under Section 302 (punishment for murder) of the Indian Penal Code.

• Because, this argument would declare Article 161 a “dead letter,” resulting in an exceptional situation in which Governors’ pardons in murder cases dating back 70 years would be rendered invalid.

For more information on Pardoning powers, relevant constitutional provisions and differences, read this.

Insta Curious:

Did you know that Article 142, which started out as draft article 118, was adopted by the Constituent Assembly on May 27, 1949?

InstaLinks:

Prelims Link:

1. Examples of invocation of Article 142 by the Supreme Court.
2. Similar powers to High Courts.
3. Original vs Appellate jurisdictions.
4. Judicial review of the Speaker’s decisions.

Mains Link:

“The Supreme Court’s use of its vast powers under Article 142 has done tremendous good to many deprived sections. However, it is time to institute checks and balances.” Discuss.

[Q.1) Consider the following statements:

1. 1. The scope of the pardoning power of the President under Article 72 is wider than the pardoning power of the Governor under Article 161.
   2. The President can grant pardon in all cases where the sentence given is the sentence of death.

Which of the above statements is/are correct?

1. 1. 1 only.
   2. 2 only.
   3. Both.
   4. None.

Sources: the Hindu.

GS Paper 2:

Topics Covered: Issues related to Education.

Context:

Last month, the All India Council for Technical Education (AICTE) stated that it will allow institutions to set aside two more seats under the “gifted child” category.

• It has now released the criteria for this.

The criteria:

1. A prizewinner of at least one national/international level competition organised by a government or a recognised private body.
2. Has received funding from a government agency for pursuing innovative projects.
3. Is a candidate having high-quality original research article publications in peer-reviewed journals as the first author.
4. Is the primary holder of a patent granted by an Indian or international patent office.
5. Is the owner of an app on Google/Apple/Windows stores or has launched or is in process of launching a technology based innovative product in the market (with more than 10,000 downloads).

Benefits for students under this category:

Institutions admitting students under this scheme are committed to give a complete tuition waiver to the admitted students.

Need for awareness:

1. Many gifted students remain unidentified as high achievers as they are laid back.
2. They are not counted probably due to the poor score in school, but can be potentially high achievers.
3. The provision of two reserved supernumerary seats is intended to maximise the innate potential of students who scored lower or did not take the admission exam.

InstaLinks:

Prelims Link:

1. AICTE.
2. Gifted Child – criteria.

Mains Link:

Many gifted students remain unidentified as high achievers as they are laid back. Comment.

Sources: The Print.

GS Paper 3:

Topics Covered: Developments in Science and Technology.

Context:

RFID tags will now be used to track Amarnath pilgrims.

• The decision was taken amid heightened security threats to the pilgrimage.

What is RFID?

Radio Frequency Identification is a wireless tracking system that consists of tags and readers.

• Radio waves are used to communicate information/identity of objects or people.
• The tags can carry encrypted information, serial numbers and short descriptions.

Types – passive and active RFID tags:

1. Active RFIDs use their own power source, mostly batteries.
2. Passive RFIDs are activated through the reader using the electromagnetic energy it transmits.

How do they work?

RFID tags use an integrated circuit and an antenna to communicate with a reader using radio waves at several different frequencies – low frequency (LF), high frequency (HF), and ultra-high frequency (UHF).

• The message sent back by the tag in form or radio waves is translated into data and analysed by the host computer system.
• Unlike Barcodes, RFIDs do not require direct line of sight to identify objects.

Insta Curious:

Did you know that optical communications will help increase the bandwidth 10 to 100 times more than radio frequency systems?

InstaLinks:

Prelims Link:

1. About RFID. .
2. Radio frequency.
3. Optical communications systems.
4. Related NASA missions.

Mains Link:

Discuss the significance of NASA’s LCRD.

[Q.2) RFID can communicate at:

1. 1. Low frequency (LF).
   2. High frequency (HF).
   3. Ultra-high frequency (UHF).

Choose the correct answer using the codes given below:

1. 1. 1 only.
   2. 2 and 3 only.
   3. 1 and 3 only.
   4. All of the above. ]

Sources: Indian Express.

GS Paper 2:

Topics Covered: Conservation related issues.

Context:

The Supreme Court recently upheld various provisions of the National Green Tribunal Act.

What’s the issue?

Madhya Pradesh High Court Advocates Bar Association had challenged certain provisions of the National Green Tribunal Act.

What has the Supreme Court ruled?

• On Section 3 of NGT Act: It is not a case of the Central Government being given too much power. The provision gave the centre the authority to form the NGT. Therefore, the NGT benches can be located as per exigencies and it is not necessary to locate them in every State.
• The National Green Tribunal‘s jurisdiction under Sections 14 and 22 of the NGT Act does not preclude the High Court’s jurisdiction under Articles 226 and 227 of the Constitution because the two are intertwined.

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.
• 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.

With the establishment of the NGT, India became the third country in the world to set up a specialised environmental tribunal, only after Australia and New Zealand, and the first developing country to do so.

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.

Insta Curious:

Did you know that the Wildlife (Protection) Act, 1972 and Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 have been kept out of NGT’s jurisdiction?

• This restricts the jurisdiction area of NGT and at times hampers its functioning as the crucial forest rights issue is linked directly to the environment.

InstaLinks:

Prelims Link:

1. About NGT.
2. Composition.
3. Functions.
4. Key judgements.

Mains Link:

Discuss the roles and functions of NGT.

[Q.4) Consider the following statements:

1. The National Green Tribunal’s jurisdiction does not preclude the High Court’s jurisdiction under Articles 226 and 227 of the Constitution because the two are intertwined.
2. The Tribunal is not bound by the procedure laid down under the Code of Civil Procedure, 1908.

Which of the above statements is/are correct?

1. 1. 1 only.
   2. 2 only.
   3. Both.
   4. None. ]

Sources: The Print.

GS Paper 3:

Topics Covered: Pollution related issues.

NHRC flags pollution effect on human rights:

Context:

A latest Lancet Commission report on Pollution and Health has highlighted the impact of increasing pollution on human health in India.

Highlights of the Report:

India specific findings:

1. Air pollution was responsible for 16.7 lakh deaths in India in 2019, or 17.8% of all deaths in the country that year.
2. This is the largest number of air-pollution-related deaths of any country.
3. 9.8 lakh were caused by PM2.5 pollution, and another 6.1 lakh by household air pollution.
4. Pollution sources associated with extreme poverty (such as indoor air pollution and water pollution): This number has reduced; but, this reduction is offset by increased deaths attributable to industrial pollution (such as ambient air pollution and chemical pollution).
5. Worst affected places: Air pollution is most severe in the Indo-Gangetic Plain. This area contains New Delhi and many of the most polluted cities.
6. Causes: Burning of biomass in households was the single largest cause of air pollution deaths in India, followed by coal combustion and crop burning.
7. Lead: 27.5 crore children are estimated to have blood lead concentrations that exceed 5 µg/dL.
8. Economic losses due to modern forms of pollution have increased as a proportion of GDP between 2000 and 2019 in India. It amounts to 1 percent of GDP.

Global findings:

• Globally, air pollution alone contributes to 66.7 lakh deaths.
• Overall, pollution was responsible for an estimated 90 lakh deaths in 2019 (equivalent to one in six deaths worldwide.
• More than 80 crore children are estimated to have blood lead concentrations that exceed 5 µg/dL.
• The factors responsible for this include rising ambient air pollution, rising chemical pollution, ageing populations and increased numbers of people exposed to pollution.
• The global cost of fossil fuel air pollution is estimated to be about US $8 billion per day.

Efforts by India to combat air Pollution:

India has launched:

1. Pradhan Mantri Ujjwala Yojana programme.
2. Q National Clean Air Programme.
3. In 2019, a Commission for Air Quality Management in the National Capital Region.

Challenges ahead:

• India’s air pollution control initiatives are not guided by a centralised administrative organisation.
• The general quality of the air has improved very gradually and unevenly.

Insta Curious:

Did you know that Greenpeace, in its World Air Quality Report 2021, which was released in March, noted New Delhi as the most polluted capital in the world, in terms of PM 2.5. PM 2.5?

InstaLinks:

Prelims Link:

1. Pollution in India.
2. Types of Pollution.
3. Latest reports.
4. Key findings of the reports.
5. Various initiatives by the government to combat pollution.

Mains Link:

India has invested significantly in monitoring air pollution, however, it is important to move ahead in the direction of finding context-specific solutions to solve the problem, Do you agree? Comment.

[Q.5) Consider the following statements:

1. 1. NHRC is a constitutional body.
   2. The chairperson is a retired chief justice of India or a judge of the Supreme Court.

Which of the above statements is/are correct?

1. 1. 1 only.
   2. 2 only.
   3. Both.
   4. None. ]

Sources: Indian Express.