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EDITORIALS & ARTICLES
April 13, 2023 Current Affairs
Preventive detention laws colonial legacy, must be used only in rarest of rare cases: Supreme Court
- Detention in its simplest sense means to curb the liberty of an individual i.e. without the knowledge of that individual.
- There are 2 types of Detention
- Preventive Detention
- Punitive Detention
Constitutional Provisions
- Article 22: This article under the Indian Constitution protects against arrest and detention in certain cases.
- Article 22 (1) of the Indian Constitution says an arrested person cannot be denied the right to consult, and to be defended by, a legal practitioner of his choice.
- It allows for preventive detention and restriction on personal liberty for reasons of state security and public order.
- Article 22 (4) states that no law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless
- An Advisory Board reports sufficient cause for extended detention.
- Such a person is detained in accordance with the provisions of any law made by the Parliament.
- The 44th Amendment Act of 1978 has reduced the period of detention without obtaining the opinion of an advisory board from three to two months. However, this provision has not yet been brought into force, hence, the original period of three months continues.
- Under Entry 9 of List I ( the Union List), Parliament has the exclusive power to enact a law for preventive detention for the reasons connected with defence, foreign affairs, or security of India.
- Under Entry 3 of List III (‘Concurrent List’), both Parliament and State Legislature have powers to enact such laws for the reasons related to the maintenance of public order or the maintenance of supplies or services essential to the community.
- Legal Provisions:
- The Preventive Detention Act, of 1950 talks about the detention of a person on the grounds of defence, foreign affairs or the security of the state.
- Under Section 151 of the Criminal Procedure Code, 1973 (CrPC) preventive detention is police action taken on grounds of suspicion that some wrong actions may be done by the person concerned.
- A police officer can arrest an individual without orders from a Magistrate and any warrant if he gets any information that such an individual can commit any offence.
- It is a precautionary measure and based on suspicion.
Punitive Detention
- Punitive detention is detention as punishment for the crime committed by an It takes place after the actual commission of an offence or at least after an attempt has been made.
Centre tightens fund flow rulebook for CSS schemes
- States have been asked to ensure that their share of funds is transferred to the Single Nodal Agency (SNA) for the CSS scheme within 30 days of receiving central funding instead of 40 days, as allowed earlier.
- Any delay beyond 30 days would attract a ‘penal interest’ of 7% per annum.
- This ‘penal interest’ by a state that delays prescribed fund flow will be transferred to the Consolidated Fund of India.
centrally sponsored scheme
- These are schemes that are funded partially by both the Central and State Governments.
- It is a channel which the central government uses to help the states run their plans financially.
- The amount of state participation varies from state to state.
- Their implementation rests on the Union territories and the States.
- These schemes are further divided into three categories based on their funding patterns e. the core of the core, core and optional.
- The flagship schemes of the central government are called Core of Core schemes or umbrella schemes.
- Examples: Mahatma Gandhi National Rural Employment Guarantee Programme (MGNREGA), National Social Assistance Programme etc.
- Core schemes: The funding pattern is usually 60:40. The central government takes up more share in these schemes and the states are expected to pitch in the remaining funds.
- Although, in cases of difficulty where states like North Eastern states, Jammu & Kashmir, and some special category states need extra attention, a 90:10 ratio of funding can be seen usually.
- Examples: Pradhan Mantri Gram Sadak Yojana (PMGSY), Pradhan Mantri A was Yojana (PMAY), Integrated Watershed Development Programme etc.
- Optional schemes: Normally state governments plan the schemes and request the central government to fund some portion of the total outlay. The general funding pattern of the optional schemes is 50:50 (State: Center).
- However, the Central government may take up the task of funding more if the scheme is to be implemented in backward areas or difficult terrains.
- Examples: Border Area Development Programme, and Shyama Prasad Mukherjee Rurban Mission among others.
Ancient soccer scoreboard found at Yucatan peninsula, Mexico
- The circular piece, measuring just over 32 centimetres in diameter and weighing 40 kilograms displays hieroglyphic writing surrounding two players standing next to a ball that was discovered on this site.
Chichen Itza:
- It was one of the greatest Mayan centres of the Yucatán peninsula.
- This city was established during the Classic period close to two natural cavities (cenotes or chenes), which gave the town its name.
- Mayan people ruled for over 1,000 years and left their mark on the city.
- It is thought to have been a religious, military, political, and commercial centre that at its peak would have been home to 35,000 people.
- It was designated a UNESCO World Heritage site in 1988.
Yucatan peninsula
- It is a Northeastern projection of Central America which is lying between the Gulf of Mexico to the west and north and the Caribbean Sea to the east.
- The peninsula is almost wholly composed of beds of coralline and porous limestone rocks.
Bishnois raise concern over felling of Khejri trees
Bishnoi community:
- The Bishnois belong to a Hindu religious sect found in the Western Thar Desert and some northern states of India.
- They trace their origins to the teachings of Guru Jambhesvara who was born to a Panwar Rajput family in 1451 AD at Peepasar village of Nagore district in Western Rajasthan.
- They strictly forbid the harming of trees and animals.
- They believe in protecting the environment and can die doing it so.
- The person of this community are inspired and gets inspiration from Amrita Devi, a Bishnoi woman who was killed in 1730 while trying to protect a grove of khejri trees.
Khejri tree
- It is considered a sacred tree in Rajasthan.
- It is also called jant or janti in areas like Alwar, Sikar, Jhunjhunu,
- Significance:
- It is a nitrogen-fixing tree which enhances the fertility of the soil.
- The fruit is used to make the very popular local dish ‘Sangri’
- The bark of this tress is used medicinally for a range of ailments.
- It plays a vital role in preserving the ecosystem of arid and semi-arid areas, mainly in the Thar Desert.
- The leaves have high nutritive value and are locally called ‘loong.
35.7 lakh vacancies registered on National Career Service (NCS) in year 2022-23
National Career Service portal:
- National Career Service is one of the mission-mode projects under the umbrella of the E-Governance Plan.
- It was launched in the year 2015.
- Objectives: It works towards bridging the gap between job-seekers and employers, candidates seeking training and career guidance and agencies providing training and career counselling by transforming the National Employment Service.
- It provides a host of career-related services such as dynamic job matching, career counselling, job notifications, vocational guidance, and information on skill development courses, internships and alike.
- The focus areas for the National Career Service platform are listed below:
- Enhancing Career and employment opportunities
- Counselling and guidance for career development
- Focusing on decent employment
- Enhancing female labour force participation
- Encouraging entrepreneurial endeavours
- Nodal Agency: The project is being implemented by the Directorate General of Employment, Ministry of Labour & Employment.
Delegation from IRRI Philippines visits PAU to discuss rice project
International Rice Research Institute (IRRI):
- IRRI is an independent, nonprofit, research and educational institute, founded in 1960 by the Ford and Rockefeller foundations with support from the Philippine government.
- It is the world’s premier research organization dedicated to reducing poverty, hunger, and malnutrition through rice science.
- It aims to improve the health and welfare of those who depend on rice-based agri-food systems, and promote and protect the environmental sustainability of rice farming for future generations.
- Headquarters: Los Baños, Philippines.
- It has offices in 17 rice-growing countries in Asia and Africa, and more than 1,000 staff.
- IRRI’s work is supported by a diverse network of investors aligned to common goals.
- IRRI''s research for development is characterized by its collaborative nature: from alliances with advanced research institutes; through strong collaborations and capacity development with governments and national agricultural research and extension systems.
SC judge recuses from hearing Belagavi border dispute case
- It is an interstate dispute between Karnataka and Maharashtra over the control of Belagavi, a border town in Karnataka.
- History:
- It has its roots in the State Reorganization Act of 1956, which aimed at reorganizing the states along linguistic lines.
- At the time of India’s independence, Belagavi was part of the Bombay state that had included parts of present-day Karnataka.
- After the implementation of the Act, Belagavi (previously Belgaum) became a part of Karnataka.
- On May 1, 1960, Maharashtra claimed that 865 villages, including Belagavi, Carvar and Nipani, should be part of Maharashtra and not Karnataka.
- However, Karnataka said it will not part with any part of its territory.
- Mahajan Commission:
- It was set up by the Union government on October 25, 1966, to solve the dispute.
- The panel turned down Maharashtra’s claim over Belagavi and also recommended that 247 villages/places, including Jatt, Akkalkote and Solapur, be made part of Karnataka, and 264 villages /places, including Nippani, Khanapur and Nandagad, to be in Maharashtra.
- However, the commission’s report was outrightly rejected by Maharashtra. Meanwhile, Karnataka saw the commission ruling in its favour.
- Present Status:
- The Maharashtra government filed a plea in the Supreme Court challenging the State Reorganisation Act, 1956, in 2004. It demanded 865 villages and places from five Karnataka districts to be merged with the state.
- Meanwhile, Karnataka changed the name of Belgaum to Belagavi and made it the second capital of the state.
- The issue has been pending before the Supreme Court since 2004.
- Karnataka contends that only Parliament can decide the state borders and not the Supreme Court. It cites Article 3 of the Indian Constitution while doing so.
- On the other hand, Maharashtra cites Article 131 and claims the apex court has jurisdiction in cases of disputes in which the Union government and the states are involved.
RBI issues norms for acceptance of green deposits by banks
- Purpose: It is intended to encourage regulated entities (usually banks and non-banking financial institutions) to offer green deposits to customers, protect the interest of the depositors, aid customers in achieving their sustainability agenda, address greenwashing concerns and help augment the flow of credit to green activities/projects.
- It will apply to all scheduled commercial banks, including small finance banks and deposit-taking non-banking finance companies such as housing finance firms.
- The framework shall come into effect from June 1, 2023.
- Key features of the framework:
- The entities will issue green deposits as cumulative or non-cumulative deposits.
- On maturity, they can be renewed or withdrawn.
- The green deposits shall be denominated in Indian rupees only.
- All conditions applicable to other public deposits will also be applicable to green deposits.
- The allocation of funds raised from green deposits will be based on the official Indian green taxonomy, which is yet to be finalised.
- However, as an interim measure, REs shall be required to allocate the proceeds raised through green deposits in the categories such as Renewable energy, Energy efficiency, Clean Transportation, Sustainable water and waste management etc.
- Nuclear power generation, direct waste incineration, landfill projects and hydropower plants larger than 25 MW are among the uses that are prohibited using funds raised via green deposits.
- The allocation of funds raised through green deposits by REs during a financial year shall be subject to an independent Third-Party Verification/Assurance, which shall be done on an annual basis.
- The REs, with the assistance of external firms, will also annually assess the impact associated with the funds.
Green Deposit
- It is an interest-bearing deposit received by regulated entities for a fixed period.
- The proceeds are earmarked for being allocated towards green finance.
SC dismisses two pleas challenging Delhi HC verdict on Agnipath scheme
- While dismissing the petitions, the Supreme Court bench also rejected the argument that the ''doctrine of promissory estoppel'' would apply and said that the decision to not proceed with the previous recruitment processes could not be termed as arbitrary.
- It observed that promissory estoppel will not apply when a larger public interest is involved.
''doctrine of promissory estoppel''
- What is it? It is a doctrine in contract law which enforces a promise whether executed as a contract or not.
- The doctrine seeks to protect the rights of a promisee or aggrieved party against the promisor.
- When is the doctrine applied?
- A valid contract under law requires an agreement to be made with sufficient consideration.
- The doctrine applies when the promisor has made a promise to the promisee.
- The promisee must have relied on the promise and suffered a loss due to the non-performance of the contract.
- The doctrine prevents the promisor or enterprise from going back on its word or promise.
- The doctrine enables the injured party or the promisee to recover on a promise.
- Example:
- A vendor makes an oral promise to the customer to replace the goods if they do not fit the customer''s size requirements.
- The customer purchases the clothes and takes them home.
- However, the customer proposes to return the clothes to the vendor relying on the vendor''s oral promise.
- Here, the vendor is estopped from refusing the clothes returned.
- Thus, this doctrine seeks to enforce a promise made under a contract, whether oral or in writing.
- The doctrine varies from country to country.
- In a 1981 decision in Chhaganlal Keshavalal Mehta v. Patel Narandas Haribhai, the SC lists a checklist for when the doctrine can be applied.
- First, there must be a clear and unambiguous promise.
- Second, the plaintiff must have acted relying reasonably on that promise.
- Third, the plaintiff must have suffered a loss.
Volcano eruption in Russia’s Kamchatka spews vast ash clouds
Kamchatka Peninsula
- Location: It lies in far eastern Russia, between the Sea of Okhotsk on the west and the Pacific Ocean and Bering Sea on the east.
- It is one of the world’s most concentrated areas of geothermal activity, with about 30 active volcanoes.
- It is about 1,200 km long north-south and about 480 km across at its widest.
- Area: Approximately 370,000 square km.
- About the size of New Zealand, it is one of the largest peninsulas in the world.
- Population: About 300,000 people live on the peninsula. The population density is one of the lowest in the world, at less than a person per square kilometer.
- Climate: Severe, with prolonged, cold, and snowy winters and wet, cool summers.
- Regional Capital: Petropavlovsk-Kamchatsky.
- The Kuril island chain runs from the southern tip of the peninsula to a short distance from Japan''s northern Hokkaido Island.