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Consent of AG to initiate contempt proceedings:
Reference News:-
Attorney General K K Venugopal has granted consent to initiate contempt
proceedings against ‘Dharam Sansad’ leader Yati Narsinghanand over his alleged remarks
against the Constitution and the Supreme Court.
Need for consent:
As per Section 15 of the Contempt of Courts Act, the nod of the Attorney General or the
Solicitor General is a condition precedent to set the criminal contempt proceedings in
motion before the apex court.
What is the law on contempt of courts?
The Contempt of Courts Act 1971 defines civil and criminal contempt, and lays down the
powers and procedures by which courts can penalise contempt, as well as the penalties
that can be given for the offence of contempt.
 Contempt of court is the offense of being disobedient to or disrespectful toward a
court of law and its officers in the form of behavior that opposes or defies the
authority, justice and dignity of the court.
Why is the consent of the Attorney General required to initiate contempt
proceedings?
The objective behind requiring the consent of the Attorney General before taking
cognizance of a complaint is to save the time of the court.
 This is necessary because judicial time is squandered if frivolous petitions are
made and the court is the first forum for bringing them in.
 The AG’s consent is meant to be a safeguard against frivolous petitions, as it is
deemed that the AG, as an officer of the court, will independently ascertain whether
the complaint is indeed valid.
Under what circumstances is the AG’s consent not needed?
The AG’s consent is mandatory when a private citizen wants to initiate a case of contempt
of court against a person.
However, when the court itself initiates a contempt of court case the AG’s consent is not
required.
 This is because the court is exercising its inherent powers under the Constitution
to punish for contempt and such Constitutional powers cannot be restricted
because the AG declined to grant consent.
What happens if the AG denies consent?
If the AG denies consent, the matter all but ends.
The complainant can, however, separately bring the issue to the notice of the court and
urge the court to take suo motu cognizance.
 Article 129 of the Constitution gives the Supreme Court the power to initiate
contempt cases on its own, independent of the motion brought before it by the AG
or with the consent of the AG.
District Good Governance Index (DGGI):
Reference News:-
Union home minister Amit Shah recently launched the District Good Governance Index
(DGGI) in Jammu and Kashmir, which is the first Union Territory to have such an index.
About the index:
Launched for 20 districts of Jammu and Kashmir.
It has been prepared by the Department of Administrative Reforms and Public Grievances
(DARPG) in partnership with the Union Territory’s administration.
Under the index, the policies, schemes and programs of the central as well as the state
governments have been monitored at the district level.
Significance of the index:
 The beginning of this index in Jammu and Kashmir will slowly expand to all other
states and a good governance competition will start in every district of the country.
 The index covered 10 sectors and 58 indicators.
 The index will benefit residents of Jammu and Kashmir in a big way as it will work
towards improving the district machinery, make districts result-oriented and also
improve their delivery mechanism.
Highlights of the index:
 Jammu district topped the composite ranking, followed by Doda and Samba
districts of the Jammu Division.
 This was followed by Pulwama district of the Srinagar Division at fourth spot and
Srinagar district at the fifth.
 The district of Rajouri finished at the last spot, while Poonch and Shopian districts
also featured towards the end of the rankings.
 Srinagar district bagged the first rank in Public Infrastructure and Utilities sector.
 Srinagar also ranked in the top 5 districts in Composite GGI in Kashmir Division
with a score of 5.313 points.
 Kishtwar topped in ‘Agriculture and Allied Sector’, Pulwama topped in ‘Human
Resource Development’, Reasi topped in ‘Public Health’, Ramban topped in ‘Social
Welfare and Development’, and Ganderbal topped in the ‘Financial Inclusion’
sector.
Performance of J&K in the National Good Governance Index:
Previously, the Centre had released the National Good Governance Index on December 25
last year that indicated Jammu and Kashmir saw an increase of 3.7% in Good Governance
Indicators from 2019 to 2021.
 The strong performance of J-K was also noted in the fields of commerce and
industry, agriculture, judiciary and public infrastructure among others.
Strategic significance of bridge China is building on Pangong lake:
Reference News:-
Construction of a bridge by China on the Pangong Tso in eastern Ladakh is a latest
addition to the ongoing standoff between India and China.
Where is China building the bridge?
It is being built on the north bank of the Pangong Tso and the Chushul sub-sector on the
south bank.
The site of the bridge is within India’s claim line, although the area has been under
Chinese control since 1958.
Significance of the bridge for India:
 It will help in quick mobilization of PLA troops between the two banks at one of the
lake’s narrowest points.
 The Kailash range is around 35 km west of the bridge site. Once this bridge gets
completed, it will enable Chinese troops to simply cross over, slashing travel time
to Kailash range from about 12 hours to about four hours.
 It will strengthen the idea of permanency being established by Beijing in the
region.
About Pangong Tso:
 Pangong Tso literally translates into a “conclave lake”. Pangong means conclave in
Ladakhi and Tso means lake in Tibetan language.
 Situated at over 14,000 feet, the Lake is about 135 km long.
 It is formed from Tethys geosyncline.
 The Karakoram Mountain range, which crosses Tajikistan, Afghanistan, Pakistan,
China and India, with heights of over 6,000 meters including K2, the world’s second
highest peak, ends at the north bank of Pangong Tso.
 Its southern bank too has high broken mountains sloping towards Spangur Lake in
the south.
 The lake’s water, while crystal clear, is brackish, making it undrinkable.
Why there is a dispute here?
The Line of Actual Control (LAC) – the line that separates Indian and Chinese troops since
1962 – generally runs along the land except for the width of Pangong Tso. Here, it runs
through water.
Both sides have marked their areas announcing which side belongs to which country.
India controls about 45 km stretch of the Pangong Tso and China the rest.
What are fingers?
The lake has mountain spurs of the Chang Chenmo range jutting down, referred to as
fingers.
There are eight of them in contention here. India and China have different understanding
of where the LAC passes through.
 India has maintained that the LAC passes through Finger 8, which has been the site
of the final military post of China.
 India has been patrolling the area – mostly on foot because of the nature of the
terrain – up to Finger 8. But Indian forces have not had active control beyond
Finger 4.
 China, on the other hand, says the LAC passes through Finger 2. It has been
patrolling up to Finger 4- mostly in light vehicles, and at times up to Finger 2.
Why does China want to encroach areas alongside Pangong Tso?
Pangong Tso is strategically crucial as it is very close to Chusul Valley, which was one of
the battlefronts between India and China during the 1962 war.
 China appears to keep India constricted in the region by taking strategic advantage
of looking over the Chusul Valley, which it can do if it advances along Pangong Tso.
 China also does not want India to boost its infrastructure anywhere near the LAC.
China fears it threatens its occupation of Aksai Chin and Lhasa-Kashgar highway.
 Any threat to this highway also puts Chinese rather imperialist plans in Pakistan-
occupied territories in Ladakh and Jammu and Kashmir, and beyond in Pakistan.
Rivival of Saraswati river:
Reference News:-
The governments of Haryana and Himachal
Pradesh have entered into an agreement to
build a dam at Adi Badri in Yamunanagar
district, which, among others, will
rejuvenate the mythical Saraswati river.
 Adi Badri, situated in Haryana near the Himachal Pradesh border, is believed to be
the river’s origin point.
Committee to study the river:
The Centre, in 2021, reconstituted an advisory committee to chalk out a plan for studying
the mythical Sarasvati river for the next two years, after the earlier panel’s term ended in
2019.
 The ASI had first set up the committee on December 28, 2017 for a period of two
years.
About Saraswati:
The river, which had originated from Kapal tirith in the Himalayas in the west of
Kailash, was flowing southward to Mansarovar and then taking a turn towards west.
The river flowed through Haryana, Rajasthan and North Gujarat. It also flowed through
Pakistan before meeting Western Sea through Rann of Kutch and was approximately
4,000 km in length.
 The river had two
branches: western and
eastern. The Himalayan-
born Satluj “of the PAST”,
which flowed through the
channels of present-day
Ghaggar-Patialiwali rivulets,
represents the western
branch of the ancient river.
 On the other hand,
Markanda and Sarsuti
represented the western
branch of Saraswati, known
as Tons-Yamuna.
 The confluence of the branches was near Shatrana, 25 km south of Patiala. And
suddenly, it flows crossing the dessert (Rann of Kutch) and meet gulf of western
sea.
Historical evidence:
 The Sarasvati River is one of the main Rigvedic rivers mentioned in the scripture
Rig Veda and later Vedic and post-Vedic texts.
 Book 6 of the Rig Veda includes a hymn called the ‘Nadistuti Sukta’, which sings
praises of the Saraswati as being “perfect mother, unsurpassed river, supreme
goddess”.
 For 2000 years, between 6000 and 4000 B.C., the Saraswati flowed as a great river.
Challenges to a Federal India
Reference News:-
On January 26, 1950 when the Indian Constitution came into force, it was a big step for
the nation that had longed to achieve the ideals of justice, equality, liberty and
fraternity.
In a country of subcontinental proportions, it is necessary that the ideals mentioned in
the Preamble to the Constitution should extend to all levels of governance. The
overall emphasis on equality in the Constitution is visible in all arrangements made
around the federal spirit and ideas.
Conscious of the differential needs of the populations of different states, the drafters of
the Constitution made provisions for an equitable share of powers and responsibilities
among different levels of governments. Unfortunately, India in recent years has
been witnessing the worst assault on the federal system and on institutions.
The Federal Structure of India
 Nature of Indian Federalism: A Federal theorist K.C. Wheare has argued that the
nature of Indian Constitution is quasi-federal in nature.
o The SC in Sat Pal v State of Punjab and Ors (1969), held that the
Constitution of India is more Quasi-federal than federal or unitary.
 Constitutional Provisions for Ensuring Federalism: The respective legislative
powers of states and Centre are traceable to Articles 245 to 254 of the Indian
Constitution.
o The lists in the 7th Schedule of the Constitution — Union, State and
Concurrent also exemplify equitable share of powers, wherein each level of
government has its own sphere, enabling context-sensitive decision-making.
o Article 263 provided for the establishment of an Inter-State Council for
smooth transition of business between the Union and states and resolution
of disputes.
o Article 280 provided for the constitution of the Finance Commission to
define the financial relationship and terms between the Union and states.
o Also, the institutions for local self government were added through
the 73rd and 74th amendments, to strengthen the grass roots democracy.
 Institutions for Federalism: The Planning Commission always had space for
discussion on issues concerning the federal nature of the polity and was sensitive
to the different developmental requirements of states.
o The inter-state tribunals, the National Development Council and other
informal bodies have served as vehicles of consultations between the
Union, states and UTs.
o These bodies have been instrumental in tackling difficult issues
democratically through deliberations while upholding the cooperative spirit
between the Union and states.
Challenges in Maintaining the Federal Spirit of India
 Ineffective Functioning of Several Bodies: The Planning Commission has been
scrapped, the Inter-State Council has met only once in the last seven years
while the National Development Council has not met at all.
o These events have led to obstructions in upholding the cooperative spirit
between the Union and states.
 Issues in Tax Regime:The misconceived Goods & Services Tax (GST) has already
taken away much of the autonomy available to states and has made the country’s
indirect tax regime unitary in nature.
o During the pandemic, the Union government repeatedly violated
the compensation guarantees to the States under the GST regime. Delay
in paying the States their due worsened the impact of the economic
slowdown.
 Encroachments Upon States’ Autonomy in State Subjects: Many important and
politically sensitive decisions have been taken in the past few years, without
reference to, and consultation with, the concerned states such as:
o Article 370 was removed without consulting the state legislature.
o Parliament legislated on “agriculture” in the state list, to enact the three
contentious farm laws, overstepping its jurisdiction and imposing a law on
the states.
o The New Education Policy 2020 has also been flagged as encroaching on
the federal nature of the polity.
o Additionally, the BSF’s jurisdiction was extended in Assam, West Bengal
and Punjab without any consultation with the concerned states.
 Impact of Covid-19: The states were curtailed in aspects relating to Covid-19
management such as procurement of testing kits, vaccination, the use of
the Disaster Management Act, 2005, and the unplanned national lockdown.
o Moreover, the ill-prepared government during the Second Wave countered
criticism by claiming health as a ‘State subject’.
Way Forward
 Recognition of Federalism: It should be underlined that Article 1 of the
Constitution declares that “India that is Bharat is a union of states”, and
that devolution of powers is necessary in such a setting.
o A conscious recognition of the federal character of India’s polity is essential
to protect its national character.
o A struggle at all levels shall be waged against those who try to usurp the
federal rights of the other, be it the local level government against the states
or the state government against the centre.
 Strengthening Inter-State Relations: State governments shall
consider deploying human resources to support them in preparing responses to
the consultations initiated by the Union, especially with a focus on the federalism
angle.
o Instead of reaching out to each other only during crisis situations, Chief
Ministers may create forums for regular engagement on this issue.
 This would be crucial in the advocacy of major demands like the
extension of GST compensation to 2027 and inclusion of cess in the
divisible pool of taxes.
 Bringing Reforms while Balancing Federalism: A diverse country India requires
a proper balance between the pillars of federalism (autonomy of states,
centralisation, regionalisation etc). Extreme political centralisation or chaotic
political decentralisation shall be avoided as both lead to the weakening of
Indian federalism.
o Proper utilisation of the institutional mechanism of the Inter-state Council
must be ensured to develop political goodwill between the Centre and
the States on contentious policy issues.
Environmental Emergency in Peru
Reference News:-
The Peruvian government declared a 90-
day “environmental
emergency” in damaged coastal
territories, after an oil spill that
saw 6,000 barrels of crude oil pour into
the sea.
 The spill was caused by freak
waves, which resulted from
the eruption of a volcano in
Tonga.
 The oil spill came out of a tanker
belonging to the Spanish energy firm
Repsol. The incident occurred at the
La Pampilla refinery, some 30
kilometers north of the Peruvian
capital of Lima in the Ventanilla
district of the port city of Callao.
Key Points
 About Freak Waves:
o A freak wave or rogue wave is usually defined as a wave that is two times the
significant wave height of the area.
o The significant wave height is the average of the highest one-third of waves that occur
over a given period.
 Rogue waves can disable and sink even the largest ships and oil rigs.
o These so-called “freak waves” are not confined to the Atlantic Ocean or North Sea.
o One of the places rogue waves appear to happen most frequently is off the southeast
coast of South Africa.
 Oil Spill:
o About: An oil spill refers to any uncontrolled release of crude oil, gasoline, fuels, or
other oil by-products into the environment.
 Oil spills can pollute land, air, or water, though it is mostly used for oceanic oil
spills.
o Major Causes:
 Oil spills have become a major environmental problem, chiefly as a result of
intensified petroleum exploration and production on continental shelves and the
transport of large amounts of oils in vessels.
 Oil spills that happen in rivers, bays and the ocean most often are caused by
accidents involving tankers, barges, pipelines, refineries, drilling rigs and storage
facilities.
o Environmental Impacts:
 Threat to Indigenous people: Oil pollution poses health hazards for the
indigenous population who depend on seafood.
 Harmful to aquatic life: Oil on ocean surfaces is harmful to many forms of
aquatic life because it prevents sufficient amounts of sunlight from penetrating
the surface, and it also reduces the level of dissolved oxygen.
 Hypothermia: Crude oil ruins the insulating and waterproofing properties of
feathers and fur of birds
 Thus, oil-coated birds and marine mammals may die from hypothermia
(decrease in body temperature to below-normal levels).
 Toxic Effects: Moreover, ingested oil can be toxic to affected animals, and damage
their habitat and reproductive rate.
 Threat to Mangroves: Saltwater marshes and Mangroves frequently suffer from
oil spills.
o Economic Impacts:
 Tourism: If beaches and populated shorelines are fouled, tourism and commerce
may be severely affected.
 Power Plants: The power plants and other utilities that depend on drawing or
discharging sea water are severely affected by oil spills.
 Fishing: Major oil spills are frequently followed by the immediate suspension of
commercial fishing.
o Remedies:
 Bioremediation: Bacteria can be used to clean up oil spills in the ocean through
bioremediation.
 Specific bacteria can be used to bioremediate specific contaminants, such as
hydrocarbons, which are present in oil and gasoline.
 Using bacteria such as Paraperlucidibaca, Cycloclasticus, Oleispira,
Thalassolituus Zhongshania and some others can help remove several classes
of contaminants.
 Containment Booms: Floating barriers, called booms, are used to restrict the
spread of oil and to allow for its recovery, removal, or dispersal.
 Skimmers: They are devices used for physically separating spilled oil from the
water’s surface.
 Sorbents: Various sorbents (e.g., straw, volcanic ash, and shavings of polyester-
derived plastic) that absorb the oil from the water are used.
 Dispersing agents: These are chemicals that contain surfactants, or compounds
that act to break liquid substances such as oil into small droplets. They accelerate
its natural dispersion into the sea.
o Related Laws in India:
 Presently, there is no law covering oil spill as such and its consequential
environmental damage in India but India has “the National Oil Spill Disaster
Contingency Plan of 1996 (NOS-DCP)” to handle such situations.
 The document was issued by the Ministry of Defense in 1996, it was last
updated in March 2006.
 It gives the Indian Coast Guard the mandate to coordinate with state
departments, ministries, port authorities and environmental agencies to assist
in oil spill cleaning operations.
 In 2015 India ratified the International Convention on Civil Liability for
Bunker Oil Pollution Damage, 2001 (Bunker Convention).
 Convention ensures adequate, prompt and effective compensation for damage
caused by oil spills.
 It is administered by the International Maritime Organization (IMO).

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25 01-2022 (Daily News Analysis)

  • 1. D A I L Y N E X T C A P S U L E W I L L H E L P Y O U T O P R O V I D E 2nd floor, shahar plaza, munshi pulia, indira nagar, lucknow Feel Free to call us at: 9454721860 Follow us on:
  • 2. Consent of AG to initiate contempt proceedings: Reference News:- Attorney General K K Venugopal has granted consent to initiate contempt proceedings against ‘Dharam Sansad’ leader Yati Narsinghanand over his alleged remarks against the Constitution and the Supreme Court. Need for consent: As per Section 15 of the Contempt of Courts Act, the nod of the Attorney General or the Solicitor General is a condition precedent to set the criminal contempt proceedings in motion before the apex court. What is the law on contempt of courts? The Contempt of Courts Act 1971 defines civil and criminal contempt, and lays down the powers and procedures by which courts can penalise contempt, as well as the penalties that can be given for the offence of contempt.  Contempt of court is the offense of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice and dignity of the court. Why is the consent of the Attorney General required to initiate contempt proceedings? The objective behind requiring the consent of the Attorney General before taking cognizance of a complaint is to save the time of the court.  This is necessary because judicial time is squandered if frivolous petitions are made and the court is the first forum for bringing them in.  The AG’s consent is meant to be a safeguard against frivolous petitions, as it is deemed that the AG, as an officer of the court, will independently ascertain whether the complaint is indeed valid. Under what circumstances is the AG’s consent not needed? The AG’s consent is mandatory when a private citizen wants to initiate a case of contempt of court against a person. However, when the court itself initiates a contempt of court case the AG’s consent is not required.  This is because the court is exercising its inherent powers under the Constitution to punish for contempt and such Constitutional powers cannot be restricted because the AG declined to grant consent. What happens if the AG denies consent? If the AG denies consent, the matter all but ends.
  • 3. The complainant can, however, separately bring the issue to the notice of the court and urge the court to take suo motu cognizance.  Article 129 of the Constitution gives the Supreme Court the power to initiate contempt cases on its own, independent of the motion brought before it by the AG or with the consent of the AG. District Good Governance Index (DGGI): Reference News:- Union home minister Amit Shah recently launched the District Good Governance Index (DGGI) in Jammu and Kashmir, which is the first Union Territory to have such an index. About the index: Launched for 20 districts of Jammu and Kashmir. It has been prepared by the Department of Administrative Reforms and Public Grievances (DARPG) in partnership with the Union Territory’s administration. Under the index, the policies, schemes and programs of the central as well as the state governments have been monitored at the district level. Significance of the index:  The beginning of this index in Jammu and Kashmir will slowly expand to all other states and a good governance competition will start in every district of the country.  The index covered 10 sectors and 58 indicators.  The index will benefit residents of Jammu and Kashmir in a big way as it will work towards improving the district machinery, make districts result-oriented and also improve their delivery mechanism. Highlights of the index:  Jammu district topped the composite ranking, followed by Doda and Samba districts of the Jammu Division.  This was followed by Pulwama district of the Srinagar Division at fourth spot and Srinagar district at the fifth.  The district of Rajouri finished at the last spot, while Poonch and Shopian districts also featured towards the end of the rankings.  Srinagar district bagged the first rank in Public Infrastructure and Utilities sector.  Srinagar also ranked in the top 5 districts in Composite GGI in Kashmir Division with a score of 5.313 points.  Kishtwar topped in ‘Agriculture and Allied Sector’, Pulwama topped in ‘Human Resource Development’, Reasi topped in ‘Public Health’, Ramban topped in ‘Social Welfare and Development’, and Ganderbal topped in the ‘Financial Inclusion’ sector.
  • 4. Performance of J&K in the National Good Governance Index: Previously, the Centre had released the National Good Governance Index on December 25 last year that indicated Jammu and Kashmir saw an increase of 3.7% in Good Governance Indicators from 2019 to 2021.  The strong performance of J-K was also noted in the fields of commerce and industry, agriculture, judiciary and public infrastructure among others. Strategic significance of bridge China is building on Pangong lake: Reference News:- Construction of a bridge by China on the Pangong Tso in eastern Ladakh is a latest addition to the ongoing standoff between India and China. Where is China building the bridge? It is being built on the north bank of the Pangong Tso and the Chushul sub-sector on the south bank. The site of the bridge is within India’s claim line, although the area has been under Chinese control since 1958. Significance of the bridge for India:  It will help in quick mobilization of PLA troops between the two banks at one of the lake’s narrowest points.  The Kailash range is around 35 km west of the bridge site. Once this bridge gets completed, it will enable Chinese troops to simply cross over, slashing travel time to Kailash range from about 12 hours to about four hours.  It will strengthen the idea of permanency being established by Beijing in the region. About Pangong Tso:  Pangong Tso literally translates into a “conclave lake”. Pangong means conclave in Ladakhi and Tso means lake in Tibetan language.  Situated at over 14,000 feet, the Lake is about 135 km long.  It is formed from Tethys geosyncline.  The Karakoram Mountain range, which crosses Tajikistan, Afghanistan, Pakistan, China and India, with heights of over 6,000 meters including K2, the world’s second highest peak, ends at the north bank of Pangong Tso.  Its southern bank too has high broken mountains sloping towards Spangur Lake in the south.  The lake’s water, while crystal clear, is brackish, making it undrinkable.
  • 5. Why there is a dispute here? The Line of Actual Control (LAC) – the line that separates Indian and Chinese troops since 1962 – generally runs along the land except for the width of Pangong Tso. Here, it runs through water. Both sides have marked their areas announcing which side belongs to which country. India controls about 45 km stretch of the Pangong Tso and China the rest. What are fingers? The lake has mountain spurs of the Chang Chenmo range jutting down, referred to as fingers. There are eight of them in contention here. India and China have different understanding of where the LAC passes through.  India has maintained that the LAC passes through Finger 8, which has been the site of the final military post of China.  India has been patrolling the area – mostly on foot because of the nature of the terrain – up to Finger 8. But Indian forces have not had active control beyond Finger 4.  China, on the other hand, says the LAC passes through Finger 2. It has been patrolling up to Finger 4- mostly in light vehicles, and at times up to Finger 2. Why does China want to encroach areas alongside Pangong Tso? Pangong Tso is strategically crucial as it is very close to Chusul Valley, which was one of the battlefronts between India and China during the 1962 war.  China appears to keep India constricted in the region by taking strategic advantage of looking over the Chusul Valley, which it can do if it advances along Pangong Tso.  China also does not want India to boost its infrastructure anywhere near the LAC. China fears it threatens its occupation of Aksai Chin and Lhasa-Kashgar highway.  Any threat to this highway also puts Chinese rather imperialist plans in Pakistan- occupied territories in Ladakh and Jammu and Kashmir, and beyond in Pakistan. Rivival of Saraswati river: Reference News:- The governments of Haryana and Himachal Pradesh have entered into an agreement to build a dam at Adi Badri in Yamunanagar district, which, among others, will rejuvenate the mythical Saraswati river.  Adi Badri, situated in Haryana near the Himachal Pradesh border, is believed to be the river’s origin point.
  • 6. Committee to study the river: The Centre, in 2021, reconstituted an advisory committee to chalk out a plan for studying the mythical Sarasvati river for the next two years, after the earlier panel’s term ended in 2019.  The ASI had first set up the committee on December 28, 2017 for a period of two years. About Saraswati: The river, which had originated from Kapal tirith in the Himalayas in the west of Kailash, was flowing southward to Mansarovar and then taking a turn towards west. The river flowed through Haryana, Rajasthan and North Gujarat. It also flowed through Pakistan before meeting Western Sea through Rann of Kutch and was approximately 4,000 km in length.  The river had two branches: western and eastern. The Himalayan- born Satluj “of the PAST”, which flowed through the channels of present-day Ghaggar-Patialiwali rivulets, represents the western branch of the ancient river.  On the other hand, Markanda and Sarsuti represented the western branch of Saraswati, known as Tons-Yamuna.  The confluence of the branches was near Shatrana, 25 km south of Patiala. And suddenly, it flows crossing the dessert (Rann of Kutch) and meet gulf of western sea. Historical evidence:  The Sarasvati River is one of the main Rigvedic rivers mentioned in the scripture Rig Veda and later Vedic and post-Vedic texts.  Book 6 of the Rig Veda includes a hymn called the ‘Nadistuti Sukta’, which sings praises of the Saraswati as being “perfect mother, unsurpassed river, supreme goddess”.  For 2000 years, between 6000 and 4000 B.C., the Saraswati flowed as a great river.
  • 7. Challenges to a Federal India Reference News:- On January 26, 1950 when the Indian Constitution came into force, it was a big step for the nation that had longed to achieve the ideals of justice, equality, liberty and fraternity. In a country of subcontinental proportions, it is necessary that the ideals mentioned in the Preamble to the Constitution should extend to all levels of governance. The overall emphasis on equality in the Constitution is visible in all arrangements made around the federal spirit and ideas. Conscious of the differential needs of the populations of different states, the drafters of the Constitution made provisions for an equitable share of powers and responsibilities among different levels of governments. Unfortunately, India in recent years has been witnessing the worst assault on the federal system and on institutions. The Federal Structure of India  Nature of Indian Federalism: A Federal theorist K.C. Wheare has argued that the nature of Indian Constitution is quasi-federal in nature. o The SC in Sat Pal v State of Punjab and Ors (1969), held that the Constitution of India is more Quasi-federal than federal or unitary.
  • 8.  Constitutional Provisions for Ensuring Federalism: The respective legislative powers of states and Centre are traceable to Articles 245 to 254 of the Indian Constitution. o The lists in the 7th Schedule of the Constitution — Union, State and Concurrent also exemplify equitable share of powers, wherein each level of government has its own sphere, enabling context-sensitive decision-making. o Article 263 provided for the establishment of an Inter-State Council for smooth transition of business between the Union and states and resolution of disputes. o Article 280 provided for the constitution of the Finance Commission to define the financial relationship and terms between the Union and states. o Also, the institutions for local self government were added through the 73rd and 74th amendments, to strengthen the grass roots democracy.  Institutions for Federalism: The Planning Commission always had space for discussion on issues concerning the federal nature of the polity and was sensitive to the different developmental requirements of states. o The inter-state tribunals, the National Development Council and other informal bodies have served as vehicles of consultations between the Union, states and UTs. o These bodies have been instrumental in tackling difficult issues democratically through deliberations while upholding the cooperative spirit between the Union and states. Challenges in Maintaining the Federal Spirit of India  Ineffective Functioning of Several Bodies: The Planning Commission has been scrapped, the Inter-State Council has met only once in the last seven years while the National Development Council has not met at all. o These events have led to obstructions in upholding the cooperative spirit between the Union and states.  Issues in Tax Regime:The misconceived Goods & Services Tax (GST) has already taken away much of the autonomy available to states and has made the country’s indirect tax regime unitary in nature. o During the pandemic, the Union government repeatedly violated the compensation guarantees to the States under the GST regime. Delay in paying the States their due worsened the impact of the economic slowdown.
  • 9.  Encroachments Upon States’ Autonomy in State Subjects: Many important and politically sensitive decisions have been taken in the past few years, without reference to, and consultation with, the concerned states such as: o Article 370 was removed without consulting the state legislature. o Parliament legislated on “agriculture” in the state list, to enact the three contentious farm laws, overstepping its jurisdiction and imposing a law on the states. o The New Education Policy 2020 has also been flagged as encroaching on the federal nature of the polity. o Additionally, the BSF’s jurisdiction was extended in Assam, West Bengal and Punjab without any consultation with the concerned states.  Impact of Covid-19: The states were curtailed in aspects relating to Covid-19 management such as procurement of testing kits, vaccination, the use of the Disaster Management Act, 2005, and the unplanned national lockdown. o Moreover, the ill-prepared government during the Second Wave countered criticism by claiming health as a ‘State subject’. Way Forward  Recognition of Federalism: It should be underlined that Article 1 of the Constitution declares that “India that is Bharat is a union of states”, and that devolution of powers is necessary in such a setting. o A conscious recognition of the federal character of India’s polity is essential to protect its national character. o A struggle at all levels shall be waged against those who try to usurp the federal rights of the other, be it the local level government against the states or the state government against the centre.  Strengthening Inter-State Relations: State governments shall consider deploying human resources to support them in preparing responses to the consultations initiated by the Union, especially with a focus on the federalism angle. o Instead of reaching out to each other only during crisis situations, Chief Ministers may create forums for regular engagement on this issue.  This would be crucial in the advocacy of major demands like the extension of GST compensation to 2027 and inclusion of cess in the divisible pool of taxes.
  • 10.  Bringing Reforms while Balancing Federalism: A diverse country India requires a proper balance between the pillars of federalism (autonomy of states, centralisation, regionalisation etc). Extreme political centralisation or chaotic political decentralisation shall be avoided as both lead to the weakening of Indian federalism. o Proper utilisation of the institutional mechanism of the Inter-state Council must be ensured to develop political goodwill between the Centre and the States on contentious policy issues. Environmental Emergency in Peru Reference News:- The Peruvian government declared a 90- day “environmental emergency” in damaged coastal territories, after an oil spill that saw 6,000 barrels of crude oil pour into the sea.  The spill was caused by freak waves, which resulted from the eruption of a volcano in Tonga.  The oil spill came out of a tanker belonging to the Spanish energy firm Repsol. The incident occurred at the La Pampilla refinery, some 30 kilometers north of the Peruvian capital of Lima in the Ventanilla district of the port city of Callao. Key Points  About Freak Waves: o A freak wave or rogue wave is usually defined as a wave that is two times the significant wave height of the area. o The significant wave height is the average of the highest one-third of waves that occur over a given period.  Rogue waves can disable and sink even the largest ships and oil rigs. o These so-called “freak waves” are not confined to the Atlantic Ocean or North Sea. o One of the places rogue waves appear to happen most frequently is off the southeast coast of South Africa.
  • 11.  Oil Spill: o About: An oil spill refers to any uncontrolled release of crude oil, gasoline, fuels, or other oil by-products into the environment.  Oil spills can pollute land, air, or water, though it is mostly used for oceanic oil spills. o Major Causes:  Oil spills have become a major environmental problem, chiefly as a result of intensified petroleum exploration and production on continental shelves and the transport of large amounts of oils in vessels.  Oil spills that happen in rivers, bays and the ocean most often are caused by accidents involving tankers, barges, pipelines, refineries, drilling rigs and storage facilities. o Environmental Impacts:  Threat to Indigenous people: Oil pollution poses health hazards for the indigenous population who depend on seafood.  Harmful to aquatic life: Oil on ocean surfaces is harmful to many forms of aquatic life because it prevents sufficient amounts of sunlight from penetrating the surface, and it also reduces the level of dissolved oxygen.  Hypothermia: Crude oil ruins the insulating and waterproofing properties of feathers and fur of birds  Thus, oil-coated birds and marine mammals may die from hypothermia (decrease in body temperature to below-normal levels).  Toxic Effects: Moreover, ingested oil can be toxic to affected animals, and damage their habitat and reproductive rate.  Threat to Mangroves: Saltwater marshes and Mangroves frequently suffer from oil spills. o Economic Impacts:  Tourism: If beaches and populated shorelines are fouled, tourism and commerce may be severely affected.  Power Plants: The power plants and other utilities that depend on drawing or discharging sea water are severely affected by oil spills.  Fishing: Major oil spills are frequently followed by the immediate suspension of commercial fishing. o Remedies:  Bioremediation: Bacteria can be used to clean up oil spills in the ocean through bioremediation.  Specific bacteria can be used to bioremediate specific contaminants, such as hydrocarbons, which are present in oil and gasoline.  Using bacteria such as Paraperlucidibaca, Cycloclasticus, Oleispira, Thalassolituus Zhongshania and some others can help remove several classes of contaminants.
  • 12.  Containment Booms: Floating barriers, called booms, are used to restrict the spread of oil and to allow for its recovery, removal, or dispersal.  Skimmers: They are devices used for physically separating spilled oil from the water’s surface.  Sorbents: Various sorbents (e.g., straw, volcanic ash, and shavings of polyester- derived plastic) that absorb the oil from the water are used.  Dispersing agents: These are chemicals that contain surfactants, or compounds that act to break liquid substances such as oil into small droplets. They accelerate its natural dispersion into the sea. o Related Laws in India:  Presently, there is no law covering oil spill as such and its consequential environmental damage in India but India has “the National Oil Spill Disaster Contingency Plan of 1996 (NOS-DCP)” to handle such situations.  The document was issued by the Ministry of Defense in 1996, it was last updated in March 2006.  It gives the Indian Coast Guard the mandate to coordinate with state departments, ministries, port authorities and environmental agencies to assist in oil spill cleaning operations.  In 2015 India ratified the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (Bunker Convention).  Convention ensures adequate, prompt and effective compensation for damage caused by oil spills.  It is administered by the International Maritime Organization (IMO).