TOPIC : GS 2 Statutory, Regulatory and various Quasi-judicial Bodies.
Green and raw
What is the news?
Appointment of former IAS officer, Girija Vaidyanathan, as Expert Member in the Southern Bench of the NGT, was challenged in the Madras High Court
Analysis
⦁ The establishment of tribunals as adjudicatory bodies in specific fields is based on the idea that specialization and expertise are required to decide complex cases of a technical nature
⦁ The ‘tribunalisation’ of justice is driven by the recognition that it would be cost effective, accessible and give scope for utilizing expertise in the respective fields
⦁ Central to this scheme is the principle that the ‘experts’ appointed to these tribunals should bring in special knowledge and experience
The Act spells out two kinds of criteria —
⦁ Eligibility requirements by virtue of administrative experience of nearly five years in dealing with environmental matters
⦁ The Act spells out two kinds of one based on qualifications and practical experience, and another on administrative experience in the field — and a candidate has to fulfill only one of them.
⦁ For the first, a masters’ or a doctorate in science, engineering or technology, with 15 years’ experience in the relevant field, including five in environment and forests in a national level institution, is needed.
⦁ The fields include pollution control, hazardous substance management and forest conservation
⦁ The administrative experience criterion is shorn of detail, and merely stipulates 15 years’ experience, of which five should have been in “dealing with environmental matters” in either the Centre or the State or any reputed institution
Way forward
⦁ The court rightly declined to interfere with the appointment, as the equivalence found in the rules falls under the domain of Parliament.
⦁ At a time when the need, relevance and composition of tribunals are under judicial scrutiny, and the Centre itself has abolished some of them, it would be helpful if the government spelt out with clarity
⦁ The extent to which a bureaucrat’s involvement in environmental matters could be regarded as equivalent to expertise.
⦁ It should also show greater urgency in implementing earlier Supreme Court directions to constitute a National Tribunals Commission to supervise the appointment and functioning of tribunals.
Mains question
Centre should clarify how far experience can be treated as expertise for tribunal posts. Examine
Sources : https://www.thehindu.com/opinion/editorial/green-and-raw-the-hindu-editorial-on-tribunalisation-of-justice/article34387882.ec
TOPIC: GS 2 Separation of Powers between various organs Dispute Redressal Mechanisms and Institutions.
What is the news?
There are about 57 lakh pendency cases in High Courts. Supreme court has called this as docket explosion and activated a dormant constitutional provision to pave way for appointment of retired High court judges as ad-hoc judges for a period of two to three years to clear backlog.
Constitutional provisions in this regard:
⦁ Article 224A: – Appointment of retired Judges at sittings of High Courts.
Retired Judges:
⦁ A retired judge of a particular high court or other high court can be made as regular judge on the request of Chief Justice of that particular high court.
⦁ For this, Chief Justice of High court would require previous consent of the President and also the person to be appointed.
For example: A retired judges of Allahabad High Court or any other high court can be appointed as a judge to Allahabad High Court.
⦁ However, this is only for temporary period.
⦁ Allowance to the appointed retired Judge is determined by the President.
⦁ Such an appointed person is entitled to all the jurisdiction, powers and privileges of a judge of the high court.
⦁ However, such an appointed person is not deemed to be a judge of that High Court.
⦁ No person can be appointed in such a manner without his or her own consent.
⦁ In case of retired judge appointment in the Supreme court, retired judges of supreme court and high court both are eligible. Other provisions are same.
Sources : https://www.thehindu.com/opinion/op-ed/pre-retirement-judgments-and-post-retirement-jobs/article31408953.ece
https://www.thehindu.com/opinion/editorial/judges-pro-tem-the-hindu-editorial-on-appointment-of-ad-hoc-judges-in-high-courts/article34387881.ece
Mains question
SC paves way for ad-hoc judges in HCs for reducing cases pendency . Analyse
PRELIMS PUNCHERS
1. Pterosaurs
Pterosaurs were flying reptiles of the extinct clade or order Pterosauria. They existed during most of the Mesozoic from the late Triassic to the end of the Cretaceous. Pterosaurs are the earliest vertebrates known to have evolved powered flight.
Basal pterosaurs were smaller animals with fully toothed jaws and, typically, long tails. Their wide wing membranes probably included and connected the hind legs. On the ground, they would have had an awkward sprawling posture, but their joint anatomy and strong claws would have made them effective climbers, and they may have lived in trees. Basal pterosaurs were insectivores or predators of small vertebrates. Later pterosaurs evolved many sizes, shapes, and lifestyles. Pterodactyloids had narrower wings with free hind limbs, highly reduced tails, and long necks with large heads
Sources: https://www.thehindu.com/sci-tech/science/scientists-clarify-origins-of-pterosaurs-the-dinosaur-eras-flying-reptiles/article33298403.ece
2. Manas App
The app, MANAS, which stands for Mental Health and Normalcy Augmentation System, is a comprehensive, scalable, and national digital wellbeing platform and is designed to augment mental well-being of Indian citizens. It integrates the health and wellness efforts of various government ministries, scientifically validated indigenous tools with gamified interfaces developed and researched by various national bodies and research institutions.
MANAS was initiated by the Office of the Principal Scientific Advisor to the Government of India. It was jointly executed by NIMHANS Bengaluru, AFMC (Armed Forces Medical College), Pune and C-DAC (Centre for Development of Advanced Computing) Bengaluru.
Sources : https://pib.gov.in/PressReleseDetail.aspx?PRID=1711860
3. Konyak Tribe
The Distribution of these tribal population includes Nagaland, Assam and Arunachal Pradesh. Unique traditional practices that set the Konyaks apart are gunsmithing, iron-smelting, brass-works, and gunpowder-making. They are also adept in making ‘janglaü’ (machetes) and wooden sculptures.
‘Lao Ong Mo’ is a traditional harvest festival celebrated by the tribes. Aoleng, a festival celebrated in the first week of April to welcome the spring and also to invoke the Almighty’s (Kahwang) blessing upon the land before seed-sowing, is the biggest festival of the Konyaks
Sources : https://www.thehindu.com/news/national/other-states/naga-tribe-declines-to-pay-taxes-to-extremist-groups/article34335815.ece
4. Nongkhyllem Wildlife Sanctuary
It is located in Meghalaya. Its habitat includes Tropical Moist Deciduous Forest with patches of Tropical Semi-evergreen forest. The rivers flows in the sanctuary are Umtrew and its tributaries. Fauna are Bengal tiger, black bear, leopard, necked hornbill, brown hornbill bird. Conservation in the Eastern Himalayan Global bio- diversity hot spot. It hosts endangered Rufous Necked Hornbill species
PRELIMS QUESTION
1. Nongkhyllem Wildlife Sanctuary is located in which of following states
a. Arunachal Pradesh
b. Assam
c. Manipur
d. Meghalaya
Answer : D
Nongkhyllem Wildlife Sanctuary is located in Meghalaya. Its habitat includes Tropical Moist Deciduous Forest with patches of Tropical Semi-evergreen forest. The rivers flows in the sanctuary are Umtrew and its tributaries. Fauna are Bengal tiger, black bear, leopard, necked hornbill, brown hornbill bird. Conservation in the Eastern Himalayan Global bio- diversity hot spot. It hosts endangered Rufous Necked Hornbill species
2. Consider the following statement with reference Konyak Tribe
1. The distribution of tribe includes Sikkim , Assam and Arunachal
Pradesh
2. ‘Lao Ong Mo’ is a traditional harvest festival celebrated by the tribes
Select the correct statement using code given below.
(a). 1only (b) 2 only
(c). Both of them (d). None of the above
Answer : B
The Distribution of these tribal population includes Nagaland, Assam and Arunachal Pradesh. Unique traditional practices that set the Konyaks apart are gunsmithing, iron-smelting, brass-works, and gunpowder-making. They are also adept in making ‘janglaü’ (machetes) and wooden sculptures.
‘Lao Ong Mo’ is a traditional harvest festival celebrated by the tribes. Aoleng, a festival celebrated in the first week of April to welcome the spring and also to invoke the Almighty’s (Kahwang) blessing upon the land before seed-sowing, is the biggest festival of the Konyaks