The Supreme Court recently held its extraordinary discretion under Article 142 of the Constitution can be used to do “complete justice” for couples trapped in bitter marriages by granting them divorce by mutual consent.

About Article 142 of the Indian Constitution -

Ø  It deals with the Supreme Court's power to exercise its jurisdiction and pass an order for doing complete justice in any cause or matter pending before it.

Ø  It provides the apex court with a special and extraordinary power and is meant to provide justice to litigants who have suffered traversed illegality or injustice in the course of legal proceedings.

Ø  Article 142(1) states that “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

Ø  President may by order prescribe”.

Significant cases where Article 142 was invoked —

v  Babri Masjid Case — The article was used in the Ram Janmabhoomi-Babri Masjid land dispute case and was instrumental in the handover of the disputed land to a trust to be formed by the union government.

v  Bhopal Gas Tragedy — The SC invoked its plenary powers in the Union Carbide vs Union Government case and intervened to provide compensation to victims of the deadly Bhopal Gas Tragedy.

What is the current procedure for getting a divorce in India?

v  The Hindu Marriage Act 1955 (HMA) lays down the procedure to obtain a divorce by mutual consent.

v  It states that both parties can file a petition for dissolution of their marriage in the district court, on the grounds that —

v  They have been living separately for a year or more or

v  They have not been able to live together or have mutually agreed to dissolve their marriage.

v  These provisions apply when at least one year has elapsed since the marriage took place and can be sought by either spouse on grounds like —

v  Adultery, cruelty, desertion, religious conversion,

v  Insanity, leprosy, venereal disease, renunciation and presumption of death.

v  Further, both parties seeking divorce have to wait between 6 to 18 months from the date on which they presented their petition to obtain the divorce decree. The six-month period is given so that the parties have ample time to withdraw their plea.

v  After the passage of the mandated period and hearing from both parties, if the court is satisfied, it may conduct an inquiry and pass a decree of divorce.

v  Issues with the current process is that it is time-consuming and lengthy, owing to a large number of cases pending before the courts.

Can the process happen more quickly in certain cases?

In circumstances of exceptional hardship, a divorce petition may be allowed (by the HMA) even before the lapse of one year since marriage.

The mandatory six-month waiting period can also be waived by filing an exemption application before a family court.

According to the SC, where there is a chance of even slight reconciliation, the cooling period of six months should be enforced. If the marriage has broken down irretrievably (which can be read under the grounds of cruelty), the spouses have been living apart for a long time, it is better to end the marriage.

If the parties wish to opt for a divorce more expeditiously, they can approach the SC under Article 142 for the dissolution of their marriage.

The World Bank has unveiled new methodology and improved safeguards, called “Business Ready”, for assessing the business climate in up to 180 countries. This was done after embarrassing revelations of data irregularities and favouritism toward China forced it to cancel its flagship “Ease of Doing Business” rankings two years ago.

Ø  The World Bank has unveiled new methodology and improved safeguards for assessing the business climate in up to 180 countries.

Ø  A pilot edition of the new replacement annual series called "Business Ready" will be published in the spring of 2024.

Ø  It will cover an initial group of 54 economies in Asia, Latin America, Europe, the Middle East and Sub-Saharan Africa.

Ø  More countries will be added in the next two years as the bank refines its methodology and ramps up the new project.

Ø  The “Business Ready” project aims to help countries attract investment and boost jobs and productivity to accelerate development.

Ø  "Business Ready" was shaped by recommendations from World Bank experts, governments, the private sector, and civil society groups.

Ø  It includes for the first time worker rights, as defined by the International Labor Organisation, while acknowledging that regulation can also have positive aspects.

About Ease of Doing Business Rankings -

Ø  The ease of doing business index was an index created by the World Bank Group, following the release of World Development Report 2002.

Ø  The objective was to provide an assessment of objective measures of business regulations and their enforcement across 190 economies on ten parameters affecting a business through its life cycle.

Ø  The 10 parameters were – Starting a Business, Dealing with Construction permits, Electricity availability, Property registration, Credit availability, Protecting minority Investors, Paying Taxes, Trading across borders, Contracts enforcement, and Resolving Insolvency.

Ø  It ranks countries on the basis of Distance to Frontier (DTF) score that highlights the gap of an economy with respect to the global best practice. For example, a score of 75 means an economy was 25 percentage points away from the frontier constructed from the best performances across all economies and across time.

Why did the World Bank discontinue the rankings?

In September 2021, the World Bank announced it was “discontinuing” its “Doing Business” report.

It cited the outcome of an investigation that found the World Bank had changed the rankings under pressure of funding.

According to an investigation conducted by Washington-based law firm WilmerHale, World Bank staff members changed data on China to improve its ranking on the ease of doing business.

This was not the first time the rankings had come in for criticism. A 2008 internal evaluation report highlighted their lack of transparency, while in 2018 the Bank’s chief economist, Paul Romer, resigned decrying data manipulation.

Flawed Methodology – It did little to distinguish between good procedures, such as ensuring compliance with environmental rules, and unnecessary red tape, such as requiring yet another stamped and notarised copy of a document.

Indian Institute of Petroleum (IIP), a laboratory of the Council of Scientific and Industrial Research (CSIR), has partnered with several Indian airlines, including Boeing, Indigo, Spicejet, Air India, Vistara, and AirAsia India to support the production of Sustainable Aviation Fuel (SAF). 

About Sustainable Aviation Fuel (SAF)

Ø  Sustainable Aviation Fuel (SAF) is also known as bio-jet fuel.

Ø  SAF is created domestically using cooking oil and oil-rich seeds from plants.

Creation of SAF

Ø  SAF samples produced by institutes undergo strict testing at the US Federal Aviation Administration Clearinghouse.

Ø  SAF is created using different materials such as non-edible and edible oils, as well as used cooking oil.

Ø  Various sources used for SAF creation include palm stearin, sapium oil, palm fatty acid distillates, algae oil, karanja, and jatropha.

Benefits of SAF

Ø  Scaling up production and use of SAF in India can bring several benefits.

Ø  SAF can reduce GHG emissions, improve air quality, enhance energy security, create jobs in the renewable energy sector, and promote sustainable development.

Ø  Use of SAF can help the aviation industry meet environmental targets and contribute to global efforts to combat climate change.

Use of SAF

Ø  Biofuel for aviation can be mixed with regular jet fuel and used together.

Ø  Compared to traditional fuel, SAF has lower sulfur content, which can decrease air pollution and support India’s goal of achieving Net Zero emissions.

Challenges Associated with Sustainable Aviation Fuel (SAF)

Ø  High Production Cost: The cost of producing SAF is currently higher than traditional jet fuel, making it less economically viable for airlines to invest in SAF production and use.

Ø  Limited Infrastructure: There is limited infrastructure for the production, storage, and distribution of SAF, making it difficult to scale up production and supply of SAF.

Ø  Limited Feedstock: The availability of feedstock for SAF production is limited, and there is competition for resources between other industries, such as the food and agriculture sectors.

Ø  Complex Certification Process: The certification process for SAF is complex and time-consuming, and there is a lack of globally recognized standards for SAF production.

Ø  Lack of Public Awareness and Support: There is a need to raise public awareness and understanding of the benefits of SAF and to encourage greater support from policymakers and investors.

Air Carrier Go First Airways filed for insolvency resolution proceedings in the National Company Law Tribunal.

Ø  Cash-strapped carrier Go First has filed for voluntary insolvency proceedings with the NCLT.

Ø  Go First is the first Indian carrier since Jet Airways to go to the NCLT under the Insolvency and Bankruptcy Code (IBC).

Ø  IBC is a comprehensive legislation introduced by the government in 2016 to deal with insolvency and bankruptcy proceedings in a time-bound and efficient manner.

Ø  The primary objective of the IBC is to promote entrepreneurship and facilitate the resolution of distressed assets, while balancing the interests of all stakeholders.

Ø  The IBC establishes several important institutions, including —

o   The Insolvency and Bankruptcy Board of India (IBBI), which regulates insolvency professionals and information utilities, and

o   The National Company Law Tribunal (NCLT), which hears and decides corporate insolvency cases. 

About the National Company Law Tribunal -

Ø  NCLT is a quasi-judicial authority incorporated for dealing with corporate disputes that are of civil nature arising under the Companies Act.

Ø  The primary function of the NCLT is to adjudicate on matters related to corporate law, including disputes between companies and their stakeholders, as well as insolvency and bankruptcy cases.

Functions —

Ø  Disposal of all proceedings under the Companies Act such as arbitration, arrangements, compromise, reconstruction, and winding up of the company;

Ø  Adjudicating Authority for insolvency proceedings under the Insolvency and Bankruptcy Code, 2016;

Ø  Possess the authority to dispose of cases pending before the Board for Industrial and Financial Reconstruction (BIFR), as well as, those pending under the Sick Industrial Companies (Special Provisions) Act, 1985.

Ø  Can take cases pending before the Appellate Authority for Industrial and Financial Reconstruction. 

What is voluntary insolvency?

Ø  In simple words, voluntary insolvency means that the company has accepted its business is insolvent.

Ø  It is a process in which the company says it cannot pay debts and needs help from someone to sort it out. When the company goes insolvent, it can proceed to voluntary liquidation.

Ø  This process refers to the dissolution of a company with approval from shareholders and creditors of the company.

Ø  It is a time-bound process which needs to be completed in 270 days from the date of commencement of Voluntary Liquidation.

India’s ranking in the 2023 World Press Freedom Index has slipped to 161 out of 180 countries, according to the latest report released by global media watchdog Reporters Without Borders (RSF).

Ø  In comparison, Pakistan has fared better when it comes to media freedom as it was placed at 150, an improvement from last year’s 157th rank. In 2022, India was ranked at 150.

Ø  Sri Lanka also made significant improvement on the index, ranking 135th this year as against 146th in 2022.

Ø  Norway, Ireland and Denmark occupied the top three positions in press freedom, while Vietnam, China and North Korea constituted the bottom three.

About World Press Freedom Index -

Ø  It has been published every year since 2002 by Reporters Sans Frontieres (RSF) or Reporters Without Borders.

Ø  Based in Paris, RSF is an independent NGO with consultative status with the United Nations, UNESCO, the Council of Europe and the International Organisation of the Francophonie (OIF).

Ø  OIF is a 54 french speaking nations collective.

Ø  The Index ranks 180 countries and regions according to the level of freedom available to journalists.

Ø  The parameters include pluralism, media independence, media environment and selfcensorship, legislative framework, transparency, and the quality of the infrastructure that supports the production of news and information.

What did the government say?

Ø  Various reasons cited by the government —

Ø  The government has clarified that it does not agree to the conclusions drawn by the organisation for various reasons.

Ø  Reasons include very low sample size, little or no weightage to fundamentals of democracy, adoption of a methodology which is questionable and non-transparent, etc.

Ø  Does not maintain specific data with respect to arrests of journalists —

Ø  The government further clarified that it does not maintain specific data with respect to arrests of journalists, since it falls under the purview of the state government.

Ø  Police and public order are state subjects.

Ø  State governments are responsible for prevention, investigation of crimes and for prosecuting criminals.

Ø  The National Crime Records Bureau does not maintain specific data with respect to arrest of journalists.