Dec 4th 2024 Current Affairs

Index:

1. Controversies Around Pardoning Power

Historical Origins of Pardoning Power

Royal Prerogative of Mercy (U.K.): Historically vested in the British monarch to grant pardons, primarily for death sentences. Currently exercised on ministerial advice to grant clemency for various penalties.
S. Constitution:
- Grants the President the power to pardon federal criminal offences, except in cases of impeachment.
- Can be exercised before, during, or after conviction.
- Relieves punishment and associated disqualifications but does not erase the conviction record.
Indian Context:
- Article 72: President’s pardoning power for:
  - Union law offences.
  - Death sentences.
  - Court-martial sentences.
- Article 161: Governor’s power for state law offences.
- Pardoning absolves conviction, punishment, and related disqualifications.

Controversies Surrounding Pardoning Power

India:
- Delays, acceptance, or rejection of mercy petitions often politically motivated.
- Example: Epuru Sudhakar Case (2006): Supreme Court allowed judicial review of pardoning power on grounds of arbitrariness, mala fides, or extraneous considerations.

Issues with Pardoning Power

Arbitrariness: Criticism for being influenced by political considerations rather than justice.
Nepotism: Accusations of favoritism, particularly in high-profile cases.
Lack of Transparency: Decision-making processes are opaque, leading to mistrust.
Potential Misuse: Power used to shield allies or family members from accountability.

Suggestions for Reform

Transparent Mechanisms: U.K.’s Criminal Cases Review Commission reviews miscarriages of justice, reducing reliance on clemency.
Judicial Oversight: Expand judicial review to ensure fairness and prevent misuse.
Guidelines for Exercise: Codify clear principles to guide the exercise of pardoning powers.
Modern Democratic Practice: Align clemency with the principles of rule of law and justice.
Public Trust: Decisions must be free from nepotism and arbitrariness to retain the confidence of the populace.

Comparative Analysis of Pardoning Power

Aspect	United States	United Kingdom	India
Authority	President	Monarch (on ministerial advice)	President and Governors
Scope	Federal offences, excluding impeachment	Broad, based on ministerial advice	Union and state law offences
Judicial Review	Limited	Rare due to CCRC’s role	Permissible under SC rulings
Effect	Relief from punishment but record remains	Generally clemency for penalties	Absolves conviction and punishment

2. The Salience of the Places of Worship Act, 1991

CONTEXT: Recent communal violence in Sambhal, Uttar Pradesh, centered around the Shahi Jama Masjid. Controversy over a court-ordered survey of the mosque. Renewed debates over the Places of Worship (Special Provisions) Act, 1991 due to legal and political developments.

Provisions of the Places of Worship Act, 1991

Purpose: To preserve the religious character of all places of worship as they existed on August 15, 1947.
Key Provisions:
- Prohibits conversion of a place of worship from one religion to another.
- Bars courts from entertaining cases that challenge the status of such places as of August 15, 1947.

Significance of the Act

Preservation of Secularism: Reinforces the secular fabric by ensuring the religious character of places of worship is protected.
Prevention of Communal Conflict: Prevents disputes that can arise from historical claims over places of worship.
Legal Certainty: Protects against retrospective legal challenges to the status of religious sites.

Controversies and Challenges

Recent Developments:

Sambhal Case: Court-permitted survey of the Shahi Jama Masjid triggered communal violence.
Gyanvapi Mosque Case (Varanasi):
- Petitioners from the Vishva Vedic Sanatan Sangh sought year-round access to a shrine within the mosque complex, claiming the mosque housed Hindu relics.
- Supreme Court and lower courts heard appeals challenging the videographic survey ordered by the Varanasi court.

Legal Challenges to the Act:

Supreme Court’s Observations:
- Justice D.Y. Chandrachud stated that the Act reinforces the constitutional value of secularism.
- However, critics argue it freezes the status of places of worship arbitrarily to August 15, 1947, potentially infringing on certain community rights.
Petitions Filed: Several petitions have been filed challenging the constitutional validity of the Act, asserting it violates the right to equality and freedom of religion.

Arguments Against the Act

Discriminatory Nature: Critics argue that exempting the Ram Janmabhoomi site undermines its secular premise.
Stifling Historical Justice: Freezing the status quo prevents addressing historical grievances over places of worship.
Judicial Overreach Allegations: The Act bars judicial inquiry into disputes about places of worship, limiting legal recourse.

Arguments in Favor of the Act

Preventing Communal Polarization: Changes to the status quo could reignite communal tensions.
Protection of Minorities: Safeguards religious minorities from historical grievances being used as political tools.

Preserving Secularism: Reflects India’s commitment to maintaining peace and communal harmony.

3. Brain Rot

Oxford University Press (OUP) has announced ‘brain rot’ as the Oxford Word of the Year for 2024.

The word ‘Brain Rot’ highlights the growing concerns around the effects of consuming trivial social media content on mental health.

‘Brain Rot’ describes the cognitive decline attributed to excessive exposure to mindless social media content.

The term gained momentum alongside the rise of trends like ‘digital detoxes,’ where individuals consciously take breaks from screens to counteract feelings of burnout or mental stagnation.

4. Defence Acquisition Council (DAC)

CONTEXT: The United States has approved a possible $1.17-billion deal to sell India support equipment for MH-60R multi-role helicopters under its Foreign Military Sales programme.

Nine of the 24 choppers contracted under a $2.2- billion deal with Lockheed Martin in February 2020 have been inducted into India’s armed services so far, officials said.

Other items which do not fall in the major defence equipment category and are part of the prospective sale include advanced data transfer systems; external fuel tanks; forward-looking infrared systems; an operator machine interface assistant; spare containers; facilities study, design, construction and support; support and test equipment; munitions; integration and test support; spare and repair parts; and intermediate and depot-level repair capabilities and spares.

The Defence Acquisition Council (DAC) chaired by Defence Minister Rajnath Singh on Tuesday approved five capital acquisition proposals worth ₹21,772 crore.

These include water jet fast attack craft, fast interceptor craft, electronic warfare suite (EWS), next-generation radar warning receiver and advanced light helicopters for surveillance in coastal areas.

“The DAC granted Acceptance of Necessity (AON) for the procurement of 31 New Water Jet Fast Attack Crafts for the Indian Navy.

These are designed to perform the task of low intensity maritime operations, surveillance, patrol, and search and rescue operations close to the coast,” a Defence Ministry statement said. In addition, these vessels will play an effective role in anti- piracy missions, it stated.

Defence Acquisition Council (DAC):

It is the highest decision-making bodyof the defence ministry on procurement. The main objective of the DAC is to ensure expeditious procurement of the approved requirements of the armed forces in terms of capabilities sought and time frame prescribed by optimally utilizing the allocated budgetary resources.

Formation: It was formed after the Group of Minister’s recommendations on ‘Reforming the National Security System’, in 2001, post-Kargil War (1999).

Composition:

The defence minister is the chairman of DAC.

Its members include the Chief of Defence Staff (CDS) and chiefs of the Army, Navy, and Air Force.

5. Monopoly in sector

CONTEXT: The MP said that the AAI should be renamed “Adani Authority of India” in view of the monopoly in the airport sector of the Adani Group, which now has eight airports in its kitty.

The Rajya Sabha member referred to the privatisation of six AAI airports that were all bagged by the Adani Group in February 2019 after a bidding process.

Referring to The Hindu’s report on July 28, 2019, the Congress leader asked why were the suggestions of the Department of Economic Affairs and NITI Aayog for not awarding more than two airports to the same entity as well as prior experience on operations and management of an airport brushed aside by the Public Private Appraisal Committee.

Mr. Hussain also said that after the privatisation of airports, the landing and parking charges had increased exponentially, including at the Lucknow airport where he said there was a hike of 418% to 471%.

The JPC is an ad-hoc Committee, established by the Parliament to conduct a thorough examination of a specific subject or Bill.

It consists of members from both Houses as well as from the ruling and opposition parties and is chaired by a member of the Lok Sabha (appointed by Speaker of the Lok Sabha).
The Parliament determines the composition of the JPC, and there is no set limit on the number of members.
The committee is dissolved after completing its term or task.

The committee’s recommendations are advisory and not mandatory for the government to follow.

5. Monopoly in sector

CONTEXT: The MP said that the AAI should be renamed “Adani Authority of India” in view of the monopoly in the airport sector of the Adani Group, which now has eight airports in its kitty.

The Rajya Sabha member referred to the privatisation of six AAI airports that were all bagged by the Adani Group in February 2019 after a bidding process.

The JPC is an ad-hoc Committee, established by the Parliament to conduct a thorough examination of a specific subject or Bill.

It consists of members from both Houses as well as from the ruling and opposition parties and is chaired by a member of the Lok Sabha (appointed by Speaker of the Lok Sabha).
The Parliament determines the composition of the JPC, and there is no set limit on the number of members.
The committee is dissolved after completing its term or task.

The committee’s recommendations are advisory and not mandatory for the government to follow.

6. Union Ministry of Home Affairs (MHA) has proposed reservation in Ladakh

CONTEXT: The Union Ministry of Home Affairs (MHA) has proposed 95% reservation in government jobs for locals in Ladakh, one-third reservation for women in hill councils and has agreed to address concerns regarding land-related matters, according to leaders from the region who attended a high-powered committee (HPC) meeting on Tuesday.

The Centre has also proposed to work on a draft to ensure “constitutional safeguards” to preserve the land and culture of Ladakh and also agreed to declare Urdu and Bhoti the official languages of Ladakh. The Ministry proposed to review 22 pending laws to address local concerns, empowerment and wildlife areas.

Ladakh has been protesting for the past five years since it lost constitutional safeguards ensured under Article 370 of the Constitution.

For the past five years, people in Ladakh have been pressing for four demands Statehood for Ladakh, inclusion of Ladakh in the sixth schedule of the Constitution, thus giving it a tribal status, job reservation for locals and a Parliamentary seat each for Leh and Kargil.

7. Protecting India’s Critically Endangered Species

Context

World Wildlife Conservation Day (December 4) emphasizes the importance of protecting biodiversity, especially critically endangered species.
Despite being a megadiverse country, India faces significant challenges in conserving its rich biodiversity.

India’s Biodiversity at a Glance

Global Significance:
- India occupies 4% of the world’s land area but accounts for 7-8% of all recorded species.
- Home to 45,000 species of plants and 91,000 species of animals.
Biodiversity Hotspots in India:
- India houses 10 biogeographic zones, including four of the 34 globally identified biodiversity hotspots:
  - Himalayas
  - Indo-Burma
  - Western Ghats–Sri Lanka
  - Sundaland

Species Representation:
- Mammals: 8.58% of global species.
- Birds: 13.66%.
- Reptiles: 7.91%.
- Amphibians: 4.66%.
- Fish: 11.72%.
- Plants: 11.8%.

Critically Endangered Species in India

Current Status:
- As of 2022, 73 species are classified as Critically Endangered (CR) by the IUCN.
- Of these, 47 species are mammals, birds, and reptiles at the highest risk of extinction.

Examples of Critically Endangered Mammals:
- Kashmir Stag (Hangul)
- Malabar Large-Spotted Civet
- Andaman Shrew
- Jenkins’ Shrew
- Nicobar Shrew
- Namdapha Flying Squirrel
- Large Rock Rat
- Leaf-Nosed Bat
Bird Species: Notable example: Great Indian Bustard – faces threats from habitat loss due to powerlines, agriculture, and hunting.
Carnivores: Species like lions, tigers, and cheetahs receive attention due to tourism appeal but are also at risk.

Conservation Challenges

Human-Wildlife Conflict: India’s growing population and developmental pressures result in habitat loss and increased interaction with wildlife.
Hunting and Poaching: Unlike Africa, hunting is not a licensed sport in India, but illegal poaching remains a significant threat.
Limited Geographic Range: Many critically endangered species are endemic to India, making them highly vulnerable to localized threats.
Impact of Development: Infrastructure projects like powerlines and roads fragment habitats.

Data Monitoring: Improved monitoring and reporting systems have increased species classification but reveal the growing risks to biodiversity.

Significance of Conservation

Ecological Importance: Biodiversity maintains ecosystem services essential for agriculture, water, and climate regulation.
Cultural and Religious Value: Reverence for certain animals is embedded in Indian traditions and mythology.
Economic Potential: Tourism generated by national parks and sanctuaries contributes significantly to local economies.

Way Forward

Strengthen Monitoring Mechanisms: Improve technology-based wildlife monitoring, such as camera traps and GIS mapping.
Policy Implementation: Strict enforcement of laws protecting critical habitats and species.
Reduce Human-Wildlife Conflict: Promote sustainable development that minimizes habitat loss.
International Cooperation: Collaborate with global bodies like IUCN and WWF for funding and expertise.
Public Awareness: Educate communities on the importance of biodiversity and their role in its protection