Exam View: Judgement of the Supreme Court; The Ordinance; Asymmetric federalism and Delhi.

Context: The Union government promulgated an ordinance to amend the Government of National Capital Territory of Delhi (NCTD) Act, 1991 that effectively nullified the Supreme Court judgement of May 11 on the powers over bureaucratic appointments in Delhi.

Background:

• Judgement of the Supreme Court:
  • After an eight-year long protracted legal battle, a five-judge Constitution Bench led by the Chief Justice of India had unanimously held that the elected government of Delhi had legislative and administrative powers over “services”.

Decoding the editorial: The Ordinance

• It removes Entry 41 (services) of the State List from the Delhi government’s control.
• It creates a National Capital Civil Service Authority, consisting of the Chief Minister, Chief Secretary and Principal Secretary-Home, to decide on service matters in Delhi.
  • Decisions of the Authority will be made through majority voting, which means that two Union-appointed bureaucrats could overrule the Chief Minister.
  • Further, the ordinance provides that if a disagreement arises between the Authority and the Lieutenant Governor (LG), the decision of the LG shall prevail.
• Ethical issues:
  • It is an attack on federalism and democracy.
  • The government’s swift and brazen act of undoing a Constitution Bench judgement erodes judicial independence.
    • While the legislature can alter the legal basis of a judgement, it cannot directly overrule it.
  • It is an act of constitutional subterfuge.

• • • Adding an additional subject of exemption (services) to the existing exemptions (land, public order, and police) of Delhi’s legislative power listed in Article 239AA, without amending the Constitution, is arguably an act of constitutional subterfuge.
  • It destroys established norms on bureaucratic accountability.
    • Creating a civil services authority where bureaucrats can overrule an elected Chief Minister destroys long-established norms on bureaucratic accountability.
  • The ordinance raises multiple legal and political questions regarding executive law-making.
    • Executive law-making through an ordinance, as the Supreme Court held in D.C. Wadhwa (1987), is only to “meet an extraordinary situation” and cannot be “perverted to serve political ends”.
  • The government and Congress’ stance:
    • The Cooperative federalism principles don’t fit Delhi since it is the “National Capital”.

Asymmetric federalism and Delhi

• The Supreme Court, in its May 11 verdict, had noted that the addition of Article 239AA in the Constitution accorded the National Capital Territory of Delhi (NCTD) a “sui generis” status.
  • The Court held that there is no “homogeneous class” of Union Territories and States; rather, India’s Constitution has several examples of special governance arrangements which treat federal units differently from each other.
  • It noted that the special provisions for States under Article 371 are in the nature of “asymmetric federalism” made for “accommodating the differences and the specific requirements of regions”.
  • It remarked that though NCTD is not a full-fledged State, since its Legislative Assembly is constitutionally entrusted to legislate upon subjects in the State and Concurrent Lists, the insertion of Article 239AA created a “asymmetric federal model” for the NCTD. So, while the NCTD remains a Union Territory, the “unique constitutional status conferred upon it makes it a federal entity”.
• India’s federal system has been described as asymmetric due to the special status it accorded Jammu and Kashmir under Article 370 (before its dilution) and special protections under Article 371, and 5th and 6th Schedule Areas.

As the foundations of India’s constitutionalism are threatened, we need a new politics of federalism that reflects and articulates the underlying values of federalism consistently.

Source:

https://www.thehindu.com/opinion/op-ed/the-delhi-ordinance-is-an-unabashed-power-grab/article66931336.ece/amp/

In News: Iran and Afghanistan are locked in a long-standing dispute over the sharing of water from the Helmand River.

River Helmand

• Afghanistan and Iran have been at loggerheads over the sharing of river water for over a century.
• Afghanistan and Iran signed an agreement — the Helmand River Treaty — in 1973 to regulate the allocation of river water. But the accord was neither ratified nor fully implemented, causing disagreements and tensions to persist.
• The Helmand is Afghanistan's longest river. It originates near Kabul in the western Hindu Kush mountain range and flows in a southwesterly direction through desert areas for a total of about 1,150 kilometers before emptying into Lake Hamun, which straddles the Afghanistan-Iran border.

Lake Hamun

• Lake Hamun is the largest freshwater lake in Iran.
• It used to be one of the world’s largest wetlands, straddling 4,000 square kilometers between Iran and Afghanistan, fed by the Helmand.
• Lake Hamun has been dried up and a trend experts blame on drought and the impact of dams and water controls. The lake is of great importance for the regional environment and economy.

Tehran and Taliban Ties

• Iran and Afghanistan share a 950-kilometer land border. Both countries have no major territorial disputes.
• Tehran had cultivated good ties with the Taliban before the Islamic fundamentalist group captured Kabul in August 2021 as US and NATO troops were in the final weeks of their pullout from Afghanistan.
• Both sides were united in their opposition to the US’s presence in the regio
• Iran has so far refrained from formally recognizing the Taliban government, it has been pragmatic and maintained relations with Afghanistan’s current rulers.
• Tehran and the Taliban were showing no interest in addressing the mismanagement of water resources and tackling the environmental problems in the region.
• Government in Tehran is focusing on the disadvantaged province of Sistan-Baluchistan.

Countries share land border with Afghanistan and Iran

• Afghanistan is bounded to the east and south by Pakistan (including those areas of Kashmir administered by Pakistan but claimed by India), to the west by Iran, and to the north by the Central Asian states of Turkmenistan, Uzbekistan, and Tajikistan.
• Iran is bounded to the north by Azerbaijan, Armenia, Turkmenistan, and the Caspian Sea; to the east by Pakistan and Afghanistan; to the south by the Persian Gulf and the Gulf of Oman; and to the west by Turkey and Iraq. About one-third of its 4,770-mile (7,680-kilometre) boundary is seacoast.

https://indianexpress.com/article/explained/explained-global/what-is-the-iran-taliban-water-conflict-all-about-8642887/lite/

In News: The issue of Indian railway safety has come under scrutiny following the recent Balasore train accident that resulted in the death of over 288 passengers.

About the train accident in Balasore

• In the Balasore train accident, three trains collided, resulting in a high number of casualties and injuries.
• The collision occurred when the Chennai-bound Coromandel Express veered off its track and crashed into a stationary goods train. The impact caused the passenger train’s coaches to derail and hit another passenger train travelling in the opposite direction.
• The preliminary investigation report says that the accident was caused due to a faulty signalling system. The signal was given for Coromandel Express to proceed on the main line, but the train got into the loop line and collided with a stationary goods train.
• Reason for the accident:
  • The official had earlier precisely pointed to serious flaws in the signalling system where the route of dispatch gets altered after a train starts on signals with correct appearance of route in the Station master’s panel, thus contravening the essence and basic principles of interlocking.
  • The incident of Hosadurga Road Station in Mysore Division on February 8, 2023 was notified to General Managers of all the regions, making them aware of the faulty signalling system to take corrective actions.

Various Government Initiatives to address railway safety concerns:

• Kavach system: KAVACH is an indigenously developed Automatic Train Protection (ATP) System for Indian Railways.
  • It provides protection by preventing trains from passing the signal at Red and activates the train’s braking system automatically (if the driver jumps the Red signal) and avoids collision.
  • The Traffic collision avoidance system (TCAS) helps in two-way communication between the station master and loco-pilot to convey any emergency message.
• Rashtriya Rail Sanraksha Kosh (RRSK): The government initiated the RRSK in 2017-18, with a dedicated fund aimed at carrying out safety-related work in a systematic manner.
  • It has a corpus of Rs 1 lakh crore over a period of five years with an annual outlay of Rs 20,000 crore.
• National Rail Plan (NRP) for India – 2030: Indian Railways have prepared a plan to create a ‘future ready’ Railway system by 2030. NRP is aimed to formulate strategies based on both operational capacities and commercial policy initiatives to increase modal share of the Railways in freight to 45%.
• Project Mission Raftar: It is an Indian Railway project, introduced in the Railway Budget of 2016-17 and approved by NITI Aayog in 2017. The goal is to double the average speed of freight trains and increase passenger train speed by 50%.
• Upgradation of infrastructure through allocation of funds in modernization and upgradation of railway infrastructure including electrification of railway lines, expansion of rail networks, and the introduction of high-speed and ultra-high-speed lines.
• Audit reports and recommendations: The CAG periodically conducts audits of Indian Railways, identifying shortcomings and making recommendations to address safety concerns. These reports serve as a basis for corrective actions and improvements in safety protocols.

Way forward

• Bibek Debroy Committee on Mobilization of Resources for Major Railway Projects (2015) recommended creation of a separate safety department within Indian Railways, development of a comprehensive safety plan, utilisation of technology for safety enhancements, improvement in track maintenance practices, and enhancement of safety training program.
• Anil Kakodkar Committee on Railway Safety (2012) suggested adoption of an Advanced Signalling System for the entire trunk route within 5 years and use of LHB coaches instead of ICF coaches.
• Strengthen maintenance practices for tracks and leverage improved technologies to enhance the efficiency & effectiveness of maintenance activities coupled with enhanced staffing and training.

Source:

https://www.thehindu.com/news/national/odisha-accident-senior-official-had-alerted-railway-on-serious-flaws-in-signalling-system/article66930016.ece

In News: Government-owned engineering consultancy firm Engineers India (EIL) conducts the feasibility study of developing salt cavern-based strategic oil reserves in Rajasthan.

About Oil reserves in salt caverns:

• In an attempt to increase its strategic oil storage capacity, India has started studying Salt cavern-based oil reserves in Rajasthan.
• India currently depends on imports for over 85% of its crude oil requirement and these reserves can help mitigate major supply disruptions in the global oil supply chain.
• Salt caverns are developed through solution mining and they offers a cheaper and less labour-intensive storage option compared to rock caverns.
• Rajasthan in India has the necessary salt formations and infrastructure for salt cavern-based reserves which are naturally well-sealed and allow for rapid injection and extraction of oil.
• Exploring salt cavern-based strategic oil reserves can strengthen India's energy security and mitigate supply disruptions.

Strategic Petroleum Reserve:

• These are stockpiles of crude oil and/or refined petroleum products maintained by countries to ensure energy security and stability against emergencies or supply disruptions.
• SPRs are typically stored in dedicated facilities, such as underground caverns, salt domes, or above-ground tanks, designed to ensure the safe storage and preservation of the oil.
• The International Energy Agency (IEA) recommends holding an emergency oil stockpile equivalent to 90 days of import protection.
• India's existing SPR capacity is 5.33 million tonnes, meeting about 5 days of demand and the expansion plans are underway for an additional 6.5 million tonnes.
• Previously, The United States has successfully utilized salt caverns for its Strategic Petroleum Reserve.

https://indianexpress.com/article/explained/explained-economics/explained-economics-oil-reserves-in-salt-caverns-8643242/

In News: Companies flags urgent government action is need to prevent a global environmental disaster due to solar panel e-wastes.

About E-wastes: Solar Panels:

• Solar panels have a lifespan of up to 25 years and are eventually need to be disposed of and replaced thus contributing to electronic waste (e-waste) due to their limited lifespan.
• Solar panels contain valuable materials like silicon, silver, copper, and glass, which can be recovered and reused through
• Recycling solar panels can help reduce the need for virgin materials and minimize the extraction of scarce resources.
• Disposing of solar panels in landfills poses environmental risks due to the presence of hazardous materials such as lead and cadmium.
• In this regard, some countries have implemented regulations and initiatives to promote solar panel recycling, encouraging manufacturers to take responsibility for their end-of-life products.
• Increasing public awareness about the importance of recycling solar panels can drive the demand for responsible disposal and recycling practices.
• With billions of solar panels worldwide, lack of specialist infrastructure for solar panel recycling will contribute to a waste management challenge in the future.
• Thus, there is need for collaborations between governments, manufacturers, and recycling industries is necessary to establish comprehensive e-waste management systems for solar panels.

https://www.bbc.com/news/science-environment-65602519

In News: Indian Navy's reiterates its commitment to Green Initiatives

About Indian Navy’s Green Initiative:

• The Indian Navy has recently recognized the importance of energy efficiency in its operations and asserts its dedication to environmental protection and green initiatives.

Steps Taken:

• Indian Navy has commissioned solar power plants with a cumulative capacity of 15.87MW to align with the government's Jawaharlal Nehru National Solar Mission (JNNSM).
• The Navy is implementing a retrofit device to reduce diesel engine emissions and the device will be phased in on all land-based Diesel Gensets to further reduce emissions.
• Indigenous marine bio-remedial agents have been developed to combat oil spills at Naval harbours besides cleaning the seawater and protecting the marine ecosystem.
• The Navy, in collaboration with IISc (Bengaluru), has operationalized a 100KW capacity AC plant based on the natural refrigerant Carbon dioxide to curb its high global Warming Potential (GWP).
• Overall, the Navy is committed to reducing its carbon footprint and ensuring environmental sustainability for is actively pursuing green initiatives for a cleaner future.

https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1929750

In News: The beginning of monsoon is no longer the end of Yakshagana performances in Karnataka’s coastal districts, it is thriving throughout the year.

About

• Yakshagana is a traditional theatre form of Karnataka. It is performed with massive headgear, elaborate facial makeup, and vibrant costumes and ornaments.
• Yakshagana is derived from the names Aata Bayalaata, Kelike, and Dashavatara.
• Yakshagana recited in Kannada, it is also performed in Malayalam as well as Tulu.
• It is performed with percussion instruments like chenda, maddalam, jagatta or chengila (cymbals) and chakratala or elathalam (small cymbals).
• It was performed Jakkula Varu community in the royal courts of the Vijayanagar dynasty.
• The dance form of Yakshagana has been divided into two groups by intellectuals and researchers.
• The first category is Moodalopaya, which encompasses the eastern sides of Karnataka.
• Paduvlopaya is the second category of Yakshagana, which includes the western parts of the state of Karnataka, as well as Udupi, Kasaragod, and Uttara Kannada.

https://www.thehindu.com/news/national/karnataka/rain-or-shine-it-is-yakshagana-season-all-year-round-now/article66918734.ece

In News: The Mekedatu dam project is located in Ramanagaram district about 100 km south of Bengaluru, close to where the Cauvery enters Tamil Nadu. The project has been a source of contention between Karnataka and Tamil Nadu for years.

About

• The Mekedatu dam project is a proposed dam project in the state of Karnataka, It involves constructing a reservoir across the Cauvery River near Mekedatu, which is located in the Ramanagara district of Karnataka.
• The primary purpose of the Mekedatu dam project is to provide drinking water to the city of Bengaluru and to generate hydroelectric power.
• The reservoir would have a capacity to store water and release it downstream for various purposes, including irrigation, drinking water supply, and power generation.

https://indianexpress.com/article/explained/explained-politics/mekedatu-dam-rises-between-friends-cong-and-dmk-long-running-dispute-8641254/

In News: Recently, the government approved the second phase of the City Investments to Innovate, Integrate and Sustain (CITIIS) project, a program under the ambit of the Smart Cities Mission,

About

• CITIIS, or the City Investments to Innovate, Integrate and Sustain, is a sub-component of the Government of India's Smart Cities Mission.
• It is a joint program of the Ministry of Housing and Urban Affairs, Agence Francaise de Development (AFD), the European Union (EU), and the National Institute of Urban Affairs (NIUA)
• CITIIS 2.0 envisages supporting competitively selected projects promoting a circular economy with a focus on integrated waste management at the city level, climate-oriented reform actions at the state level, and institutional strengthening and knowledge dissemination at the national level.

https://www.thehindu.com/news/national/cabinet-approves-citiis-20-for-integrated-waste-management-and-climate-oriented-reform/article66916174.ece

In News: Recently, MeitY launched a pilot project on Electronics Repair Services Outsourcing (ERSO) ERSO to make India Global Repair Capital

About

• Government launched the ERSO Pilot initiative to validate certain transformational policy and process changes to make India the Repair Capital of the World.
• Over the next 5 years, India’s ERSO industry is likely to fetch India a upto $20 billion in revenue and also generate millions of jobs.
• ERSO has been identified as a gamechanger for India and has been supported by the Government to make India a world leader in a hitherto untapped domain.

Read Right to Repair

https://edukemy.com/daily-current-affairs/right-to-repair/2022-07-19

https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1928643

In News: Recently government launched a Mobile app for loan applications for street vendors under the PM SVANidhi scheme

About

• The PM SVANidhi is a micro credit scheme which was launched by the Central government in 2020 to provide handholding support to street vendors, to tide over pandemic-induced economic stress.
• The scheme facilitates a working capital collateral-free loan of ₹10,000, with subsequent loans of ₹20,000 and ₹50,000 with 7% interest subsidy.
• Union Housing and Urban Affairs Minister launched a facility to provide easy access to vendors for obtaining Udyam Registration Certificate for promotion of their business.
• The ‘Udyam’ registration certificate for street vendors was launched with the help of the Ministry of Small and Medium enterprises. It simplifies the process of registering a business.
• The scheme facilitates working capital loans in three tranches to the street vendors. It has been providing microcredits to more than 36 lakh street vendors across India.

https://www.thehindu.com/business/Industry/mobile-app-for-loan-application-for-street-vendors-under-pm-svanidhi-scheme/article66920410.ece

In News: India and Suriname exchanged four MoUs in various fields including health and agriculture.

• Suriname is a country located on the northern coast of South America.
• Its economy is dependent on its extensive supply of natural resources, most notably bauxite, of which it is one of the top producers in the world.
• The southern four-fifths of the country is entirely covered with pristine tropical rainforest.
• Suriname formerly known as Dutch Guiana, Suriname was a plantation colony of the Netherlands.
• Suriname is bordered by the Atlantic Ocean to the north, by French Guiana to the east, by Brazil to the south, and by Guyana to the west.
• Suriname’s major rivers flow northward into the Atlantic. They include the Courantyne, which forms part of the boundary with Guyana; the Coppename; the Suriname; and the Maroni, which forms part of the border with French Guiana.

https://www.thehindu.com/news/national/president-murmu-meets-suriname-counterpart-discusses-ways-to-deepen-bilateral-partnership/article66935548.ece