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EDITORIALS & ARTICLES
May 09, 2023 Current Affairs
High Court does not have power to direct changes to Scheduled Tribes List: CJI
- Chief Justice of India asked why a Constitution Bench judgment which clearly held that no court or State had the power to “add, subtract or modify” the Scheduled Tribes List was not “shown” to the Manipur High Court. “It is a Presidential power to designate a Scheduled Caste or Scheduled Tribe,” He said
- Manipur High Court, directed that the State government “shall consider the case of the petitioners for inclusion of the Meetei/Meitei community in the Scheduled Tribe list, expeditiously, preferably within a period of four weeks from the date of receipt of a copy of this order”.
- It is not open to State governments or courts or tribunals or any other authority to modify, amend or alter the list of Scheduled Tribes specified in the notification issued under clause (1) of Article 342, the Constitution Bench in State of Maharashtra versus Milind had held in November 2000.
- It had held that a notification issued under clause (1) of Article 342, specifying Scheduled Tribes, can be amended only by law to be made by Parliament.
Process
- State Recommendation:
- The process to include tribes in the ST list begins with recommendations from the respective State governments, which are then sent to the Tribal Affairs Ministry, which reviews and sends them to the Registrar General of India for approval.
- NCST Approval: This is followed by the National Commission for Scheduled Tribes (NCST) approval before the list is sent to the Cabinet for a final decision.
- President''s Assent: The final decision rests with the President (under Articles 342).
- The inclusion of any community in the STs comes into effect only after the President assents to a Bill amending the Constitution (Scheduled Tribes) Order, 1950.
STs in India
- The Constitution of India does not define the criteria for recognition of STs. As per Census-1931, STs are termed as "backward tribes” living in the "Excluded" and "Partially Excluded" areas.
- The Government of India Act of 1935 called for the first time for representatives of "backward tribes" in provincial assemblies.
- Constitutional Provisions:
- Article 366(25): It only provides a process to define STs: “STs means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under Article 342 to be Scheduled Tribes for the purposes of this Constitution.”
- Article 342(1): The President with respect to any State/UT (after consultation with the Governor in case of state) may specify the tribes/tribal communities/part of or groups within tribes/ tribal communities as a Scheduled Tribe in that State/UT.
- Fifth Schedule: It lays out provisions for the Administration and Control of Scheduled Areas and STs in states other than 6 Schedule States.
- Sixth Schedule: Deals with the administration of the tribal areas in Assam, Meghalaya, Tripura and Mizoram.
- Statutory Provisions:
- Protection of Civil Rights Act, 1955 against Untouchability.
- Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
- Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996.
- Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
Cyclone Mocha ?
- A low pressure area, a precursor to a cyclone, has formed over the south-eastern Bay of Bengal and this would likely morph into a cyclone tomorrow, the India Meteorological Department (IMD) said on Monday.
- Cyclone Mocha, though it is yet to be formally named so, is likely to rage along the Andaman and Nicobar Islands and head north towards Bangladesh and Myanmar.
- This is the first tropical cyclone that will be forming in the region this year.
What makes Bay of Bengal prone to cyclones
With a coastline of 7517 km, India is exposed to nearly 10 per cent of the world’s tropical cyclones. Although cyclones affect the entire coast of India, the eastern coast is significantly more prone to cyclones as compared to the western coast.
NCRMP (National Cyclone Risk Mitigation Project) data show that about 58 percent of the cyclones that are formed in the Bay of Bengal hit and cross the eastern coast while only 25 percent of the cyclones developing in the Arabian sea are seen approaching the western coast of India.
- The temperature of the sea surface and humidity are the most important factors responsible for the formation of cyclones. The average rainfall seen by the Bay of Bengal is very high and hence the probability of the formation of cyclones in this region is also correspondingly very high.
- Tropical depression is a predominant occurrence in the Indo-Gangetic plains and this natural phenomenon is highly responsible for the cyclone formation in the Bay of Bengal.
- Bay of Bengal witnesses an average temperature of 28 degree Celsius. Warm air and the fresh water pouring into the bay from the rivers in the region increase the surface temperature of the sea further resulting in tropical depression.
- Cyclonic winds from other water bodies are transferred by Bay of Bengal. The lack of landmass in the Bay of Bengal basin means that the cyclones occurring in the region do not weaken and easily move towards the eastern coastline.
Xi Jinping to host first meet with all Central Asia leaders
Chinese President will host a two-day summit with the leaders of five Central Asian nations as China moves to increase its influence in the region.
Leaders of Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan are expected to attend the China-Central Asia Summit from May 18 to 19
The summit in the historic city of Xi’an on the ancient Silk Road is the first of its kind since the establishment of formal relations 31 years ago, according to the ministry, and will focus on strengthening economic and diplomatic ties with Beijing.
China has invested billions of dollars to tap natural gas reserves in Central Asia.
Rail links connecting China to Europe criss-cross the region and are key to the success of Mr. Xi’s trillion-dollar global infrastructure project, the Belt and Road Initiative.
C5s,Russia, China and West
- Heavily Dependent on Russia:
- The region is heavily reliant on Russia, which is also the main provider of security through the CSTO (Collective Security Treaty Organisation).
- However, the CSTO''s unity is weakening, and the conflict in Ukraine has raised concerns about the consequences of Russia''s security relationship with Central Asia.
- In 2022 Kyrgyzstan cancelled a CSTO military exercise that was to be held on its territory last year, and none of the five Central Asian countries have openly taken Russia''s side in the conflict.
- Nevertheless, Russia has increased its trade with the region as it seeks to reduce its dependence on European imports.
- China’s Increasing Engagement:
- China has been increasing its engagement with Central Asia, leading some to speculate that Beijing is taking advantage of Russia''s preoccupation with Ukraine to expand its influence in the region.
- While Russia may be concerned about Chinese expansion, there was no visible indication of this.
- Seeking towards West:
- Central Asian countries are seeking to develop trade relations with the West, including the European Union and the United States.
- However, the region''s landlocked geography and limited transport infrastructure have hindered this effort.
India’s Stake in Central Asia
- Cultural and Ancient Ties:
- The Silk Route connected India with Central Asia from the 3rd century BC to the 15 century AD. From the export of Buddhism to the lasting influence of Bollywood, India has shared old and deep cultural ties with the region.
- Security:
- In December 2022, officials from Kazakhstan, Kyrgyzstan, Tajikistan, and Uzbekistan arrived in India for the first India-Central Asia meeting of national security advisors.
- It highlighted the India-Central Asia relationship, emphasizing their common shared interests, such as stabilizing the security situation in Afghanistan and reinforcing territorial integrity.
- India has also attempted to boost its security presence in the region by renovating military bases in Tajikistan.
- If operational, the airbases would offer India a strategic advantage against its two adversaries: China and Pakistan.
- Tajikistan is located close to the Wakhan Corridor, which connects Afghanistan and China, as well as Pakistan Occupied Kashmir.
- In December 2022, officials from Kazakhstan, Kyrgyzstan, Tajikistan, and Uzbekistan arrived in India for the first India-Central Asia meeting of national security advisors.
- Extended Neighborhood Policy:
- In 2022 India demonstrated its commitment to its “Extended Neighborhood Policy (ENP),” which calls to diversify its geopolitical partners and diplomatic goals, and its willingness to engage its Central Asian partners on a multitude of fronts.
- The ENP was launched in 2014 and seeks to build a web of partnerships and economic cooperation with neighboring countries.
- The policy emphasizes India''s commitment to promoting regional stability, peace, and prosperity through mutually beneficial cooperation with its neighbors.
- In 2022 India demonstrated its commitment to its “Extended Neighborhood Policy (ENP),” which calls to diversify its geopolitical partners and diplomatic goals, and its willingness to engage its Central Asian partners on a multitude of fronts.
- Shanghai Cooperation Organization (SCO):
- India joined SCO, as a full member in 2017.
- SCO also includes Kazakhstan, Kyrgyzstan, Tajikistan, and Uzbekistan.
- The grouping provides India with a forum to establish security relationships with Astana, Bishkek, and Tashkent, adding on to robust ties with Tajikistan.
- India joined SCO, as a full member in 2017.
- Connectivity
- While India has trading ties with the C5, it is hobbled by the absence of a land route to Central Asia, with Pakistan denying it passage and Afghanistan being uncertain territory after the Taliban takeover.
- The Chabahar port in Iran offers an alternative route, but it is not fully developed yet.
- There have been suggestions that India should provide connectivity for people and trade in Central Asia through “air corridors”, as it had done for Afghanistan.
- While India has trading ties with the C5, it is hobbled by the absence of a land route to Central Asia, with Pakistan denying it passage and Afghanistan being uncertain territory after the Taliban takeover.
Chinese boats cross Indian and ASEAN ships during military exercise
Boats belonging to a Chinese maritime militia approached an area where the Navies of India and ASEAN countries were taking part in drills in the South China Sea
ASEAN-India Maritime Exercise (AIME) 2023
The exercise aims to strengthen India’s military cooperation with the Association of Southeast Asian Nations (ASEAN).
Location: Singapore and the South China Sea
Vessel: INS Delhi, India’s first indigenously-built guided missile destroyer and INS Satpura, an indigenously-built guided missile stealth frigate will take part in the exercise.
Navy Chief will also participate in the International Maritime Defence Exhibition (IMDEX-23) and International Maritime Security Conference (IMSC) being hosted by Singapore.