TOPIC : GS 2 Functions and Responsibilities of the Union and the States, Issues and Challenges Pertaining to the Federal Structure, Devolution of Powers and Finances up to Local Levels and Challenges Therein
Limits of cooperation
What is the news?
- The cooperative movement certainly needs reform and revitalization.
- Beset by political interference, many cooperative societies do not hold elections regularly, while some are superseded frequently.
Ambiguities of Amendment Act
- The 97th Constitution Amendment, which came into effect in 2012, was a major step towards infusing autonomy, democratic functioning and professional management.
- The recent Supreme Court verdict holding the amendment unconstitutional to the extent it applied to cooperative societies
- It is under the control of the States is a reminder that even well-intentioned efforts towards reforms cannot be at the cost of the quasi-federal principles underlying the Constitution.
- The amendment added Part IXB to the Constitution, concerning cooperative societies.
- Part IXB delineated the contours of what State legislation on cooperative societies ought to contain, including provisions on the maximum number of directors in each society, reservation
for seats for SCs, or STs, and women, besides the duration of the terms of elected members, among others.
Supreme court Verdict
- The question before the Court was whether the 97th Amendment impacted the legislative domain of the State Legislatures and,
- It also required ratification by half the legislatures, in addition to the required two-thirds majority in Parliament.
- The Gujarat High Court had found the amendment invalid for want of such ratification.Â
- The Supreme Court, by a 2:1 majority, upheld the judgment holding the amendment invalid, but only in relation to cooperatives under the States.
- The elaborate amendment would hold good for multi-State cooperative societies, on which Parliament was competent to enact laws
Elaborate JudgmentÂ
- A signifcant limitation on Parliament’s amending power is the requirement that certain kinds of amendments to the Constitution must be ratified by 50% of the State legislatures.
- The Union government believed that as the subject of ‘cooperative societies’ in the State List was not altered in any way by the 97th Amendment
- It only outlined guidelines on any law on cooperatives that the Assemblies may enact, the ratification was not necessary.
Way Forward
- A key principle from the judgment is that the ratification requirement will apply if there is any attempt to fetter the State legislatures
- It is in any way while enacting a law in their own domain, even if there is no attempt to alter the distribution of legislative powers between the Union and States.
- In the absence of ratification by the States, the amendment that sought to prescribe the outlines of State laws on a State subject did not pass constitutional muster.
- The judgment may mean that the concern expressed by some about the adverse implications of the formation of a new Ministry of Cooperation on federal principles .
- However, there is no denying that the scope for democratizing the functioning of cooperative societies and enhancing their autonomy remains unchanged.
Mains Question
Explain how supreme court judgment reforms in cooperative sector should not be at the cost of federal principles?
PRELIMS PUNCHERS
- Microplastics
They are fragments of any type of plastic less than 5 mm (0.20 in) in length, according to the U.S. National Oceanic and Atmospheric Administration (NOAA) and the European Chemicals Agency. They enter natural ecosystems from a variety of sources, including cosmetics, clothing, and industrial processes.
Two classifications of Microplastics are currently recognized. Primary microplastics include any plastic fragments or particles that are already 5.0 mm in size or less before entering the environment. These include microfibers from clothing, microbeads, and plastic pellets also known as nurdles. Secondary microplastics arise from the degradation (breakdown) of larger plastic products through natural weathering processes after entering the environment. Such sources of secondary microplastics include water and soda bottles, fishing nets, plastic bags, microwave containers and tea bags. Both types are recognized to persist in the environment at high levels, particularly in aquatic and marine ecosystems. However, microplastics also accumulate in the air and terrestrial ecosystems. The term macroplastics is used to differentiate microplastics from larger plastic waste, such as plastic bottles.
- The National Institute of Oceanography
It founded on January 1966 as one of 37 constituent laboratories of the CSIR, is an autonomous research organization in India to undertake scientific research and studies of special oceanographic features of the Northern Indian Ocean. Headquartered in Goa, it has regional centres in Kochi, Mumbai and Vizag.
NIO holds about 50 patents 60% of which has come from marine biotechnology studies. Organisms living in the marine environment carry molecules that could prove beneficial in developing new drugs and other products for healthcare. Another area of research that has generated patents for the institute is marine instrumentation. Some recent technologies developed by the institute include one for an autonomous underwater vehicle (AUV): the Maya AUV.
- PM Special Scholarship Scheme (PMSSS)
It aims to build the capacities of the youths of J&K and Ladakh by educating, enabling and empowering them to compete in the normal course. Scholarship in two parts namely the academic fee & maintenance allowance.
The academic fee is paid to the institution and student is provided admission after on-line counselling process conducted by the AICTE
(All India Council for Technical Education).The academic fee covers tuition fee and other components as per the ceiling fixed for various professional, medical and other under-graduate courses. In order to meet the expenditure towards hostel accommodation, mess expenses, books & stationery etc., a fixed amount of Rs.1.00 Lakh is provided to the beneficiary and is paid in instalments of Rs. 10,000/- pm directly into students
- Remote Learning Reachability report
United Nations Children’s Fund(UNICEF) has released a report. The report outlines the limitations to remote learning and exposes deep inequalities in access.
The Key Takeaways are at least a third of the world’s schoolchildren which works to around 463 million could not access remote learning since schools have been shut down because of Covid-19.In India, at least 1.5 million schools are closed because of the pandemic, which is affecting 286 million students from pre-primary to secondary levels of which 49% are girls.
PRELIMS QUESTIONS
- Consider the following with regard Microplastics
- They are fragments of any type of plastic less than 10 mm in length
- They enter natural ecosystems from a variety of sources, including cosmetics, clothing, and industrial processes.
Select the correct statement using code given below.
(a). 1only      (b) 2 only
(c).Both      (d). None of above
Answer: B
They are fragments of any type of plastic less than 5 mm (0.20 in) in length, according to the U.S. National Oceanic and Atmospheric Administration (NOAA) and the European Chemicals Agency. They enter natural ecosystems from a variety of sources, including cosmetics, clothing, and industrial processes.
Two classifications of Microplastics are currently recognized. Primary microplastics include any plastic fragments or particles that are already 5.0 mm in size or less before entering the environment. These include microfibers from clothing, microbeads, and plastic pellets also known as nurdles. Secondary microplastics arise from the degradation (breakdown) of larger plastic products through natural weathering processes after entering the environment. Such sources of secondary microplastics include water and soda bottles, fishing nets, plastic bags, microwave containers and tea bags. Both types are recognized to persist in the environment at high levels, particularly in aquatic and marine ecosystems. However, microplastics also accumulate in the air and terrestrial ecosystems. The term macroplastics is used to differentiate microplastics from larger plastic waste, such as plastic bottles.
- Remote Learning Reachability report is released by
- UNICEF
- World Economic Forum
- World Bank
- UNESCO
Answer : A
United Nations Children’s Fund(UNICEF) has released a report. The report outlines the limitations to remote learning and exposes deep inequalities in access.
The Key Takeaways are at least a third of the world’s schoolchildren which works to around 463 million could not access remote learning since schools have been shut down because of Covid-19.In India, at least 1.5 million schools are closed because of the pandemic, which is affecting 286 million students from pre-primary to secondary levels of which 49% are girls.