Current Affairs 21-FEB-2024 (The Hindu)

Enforcement of Decrees and Orders of Supreme Court

Micro-plastics

D => (Pg-24)

Micro-plastics

  • Micro plastics are plastics that are less than 5 millimetres in size.
  • Present in a variety of products, from cosmetics to synthetic clothing.
  • They are made of carbon and hydrogen atoms bound together in polymer.
  • Microplastics are divided into two types:
    • Primary microplastics- enter the environment directly.
    • Secondary microplastics - are the breakdown of larger plastics.

Plastic Waste Management (Amendment) Rules, 2022

  • Ministry of Environment, Forest, and Climate Change announced the amendment.
  • Amended to eliminate single-use plastics.
  • Notified the instructions on Extended Producer Responsibility (EPR).
  • EPR-the responsibility of a producer for the environmentally sound management.
  • Mentions about 4 categories of plastics.
  • Established a centralized online portal under Central Pollution Control Board (CPCB).
  • Act as the single point data repository.
  • Committee constituted by the CPCB to monitor implementation.

Practice Question – Prelims

Consider the following statements related to Micro-plastics:

1. Micro plastics are generally 5cm thick.

2. They are the major polluters of marine ecosystem.

3. Micro plastics take 20 years to decompose, due to its microstructure.

How many statements are correct?

(a) One only

(b) Two only

(c) Three Only

(d) None of the above


Enforcement of Decrees and Orders of Supreme Court

D => (Pg-1)

Enforcement of Decrees and Orders of Supreme Court

  • 142.
  • 1)The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe.

    2.) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.

Examples:

  • Bhopal Gas tragedy case.
  • Babri Masjid demolition case.
  • Liquor sale ban case.
  • Ex-PM Assassin case.
  • Cleansing of the Taj Mahal.

Criticism:

  • “Complete justice” is not defined in the constitution.
    • High possibility of its arbitrary exercise or misuse.
  • Judiciary cannot be held accountable for its actions.
    • Could violate principle of separation of powers.

Practice Question – Prelims

With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following?

(a) The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in any court of law.

(b) The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament.

(c) In the event of a grave financial crisis in the country, the President of India can declare a financial emergency without the counsel from the cabinet.

(d) State legislatures cannot make laws on certain matters without the concurrence of the union legislature.


Governance Issues of Local Bodies

D => (Pg-10)

Governance Issues of Local Bodies

Introduction

Highlight the governance issue of local bodies post the 73rd and 74th Constitutional Amendments. Mention the persistence of disparities in functional and financial autonomy of local bodies.

Functional Obstacles

  • Restricted decision-making powers and the creation of parallel bodies undermining local governance.
  • Examples like direct elections of mayors with limited powers and delayed local elections in states like Gujarat.
  • Establishment of parallel institutions (e.g., Bengaluru Development Authority) and their impact on local governance.
  • Lack of skilled manpower in local bodies for effective planning and management.

Financial Constraints

  • Heavy dependence of local bodies on state and central funds, with limited self-generated revenue.
  • Fear of local bodies to expand tax base due to potential voter backlash and lack of autonomy.
  • Over-reliance on property tax by urban local bodies and the inconsistency in support from State Finance Commissions.

Conclusion

  • Fiscal Autonomy with Legislative Support: Advocate for legislative changes to enable local bodies to explore new revenue generation methods.
  • Encourage Public Participation: Suggest innovative platforms for community engagement in governance and budgetary decisions.
  • Implement User Charges: Recommend charging for services like water, waste management, to generate revenue.
  • Partnership with Academic Institutions: Propose collaborations with universities for research-driven urban planning.
  • Technology Integration: Encourage the use of AI and blockchain for efficient and transparent governance.
  • Public-Private Partnerships: Highlight the need for supportive policies for government-private collaborations in urban development.
  • Emphasize the importance of empowering local bodies for grassroots governance and development, highlighting the need for functional and financial autonomy.

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