Review Petition
The
Central government moved the Supreme Court on May 20, filing a review petition
against the Court’s May 11 judgment. May 11 Judgement gave control over the
subject of administrative services to the Delhi government.
Ø The Centre has sought a review of a SC
verdict upholding the Delhi government’s power to make laws and wield control
over civil services in the national capital.
Ø The dispute over whether the
Lieutenant Governor or the Chief Minister would have powers over these
administrative services in Delhi went to the SC.
Ø A judgment was delivered on May 11
which held that the Delhi government has the legislative and executive power
over services in the national capital.
Power of the Supreme Court to review its judgments -
Constitutional provision —
Ø A ruling by the Supreme Court is final
and binding. The SC rarely entertains reviews of its rulings.
Ø However, Article 137 of the Constitution
grants the SC the power to review its judgments or orders.
Ø When a review takes place, the law is
that it is allowed not to take fresh stock of the case but to correct grave
errors that have resulted in the miscarriage of justice.
Ø A review petition must be filed within
30 days of pronouncement of the judgment.
Ø As per the Civil Procedure Code and
the Supreme Court Rules, any person aggrieved by a ruling can seek a review.
Grounds for review —
Ø In a 1975 ruling, Justice Krishna Iyer
said a review can be accepted only where a glaring omission or patent mistake
or like grave error has crept in earlier by judicial fallibility.
Ø In a 2013 ruling, the Supreme Court
itself laid down three grounds for seeking a review of a verdict it has
delivered —
Ø the discovery of new and important
matter or evidence which, after the exercise of due diligence, was not within the knowledge of
the petitioner or could not be produced by him;
Ø mistake or error apparent on the face
of the record; or
Ø any other sufficient reason.
Ø In subsequent rulings, the court
specified that “any sufficient reason” means a reason that is analogous to the
other two grounds.
Ø In another 2013 ruling (Union of India
v. Sandur Manganese & Iron Ores Ltd), the court laid down nine principles
on when a review is maintainable.
Procedure followed while hearing the review cases —
Ø Except in cases of death penalty,
review petitions are heard through circulation by judges in their chambers, and
not in an open court.
Ø Lawyers make their case through
written submissions and not oral arguments.
Ø The judges who passed the verdict decide on the review petition as well.
What if a review petition fails?
Ø In Roopa Hurra v Ashok Hurra (2002),
the court itself evolved the concept of a curative petition, which can be heard
after a review is dismissed.
Ø It is meant to ensure there is no
miscarriage of justice, and to prevent abuse of process.
Ø A curative petition is also
entertained on very narrow grounds like a review petition, and is generally not
granted an oral hearing.
Why has this review petition been filed by the Centre?
Judgement upsets the constitutional idea of federalism —
Ø It has equated the National Capital
Territory of Delhi to a State by granting it legislative and executive
authority akin to a State.
Ø However, Union Territories are not
States. They are the territories of the Union falling outside the territories
of the States.
Ø A 1997 nine-judge Bench decision of
the SC, in New Delhi Municipal Corporation vs.
Ø State of Punjab, held that
notwithstanding the 69th Amendment introducing a Legislative Assembly for
Delhi, the NCT of Delhi remains a Union Territory.
Judgment has led to an anomalous situation —
Ø The State List (List II) and
Concurrent List (List III) are both concurrent in the case of Delhi.
Ø This is because the Union government
can legislate over any of the subjects, the Delhi government shall exercise
legislative and co-extensive executive power over all entries other than three
(land, police and public order).
Ø The national capital territory of
Delhi (NCTD) has been given a status of Union Territory.
Ø However, judgement effectively
elevates it to the status of a full-fledged state by giving legislative
competence over all entries in List II and List III to its legislative
assembly.
Ø This is irrespective of whether an
entry is otherwise applicable to a Union Territory or not.
Article 309 of the Constitution distinguished between the Centre
and State services —
Ø The civil services in a UT clearly
belonged to the Centre.
Ø The appointments and transfers are
made in the Delhi administration in accordance with the Central recruitment
rules approved by the President through Lieutenant Governor (LG) under Article
309.
Ø The May 11 judgment has substantially
diluted the powers of the LG, who is a delegate of the President.
Ø Also, another Constitution bench of
2018, in Bir Singh v Jal Board, held that services created for administration
of NCTD are central civil services.
Human Pangenome Map
A
recent study published in the Nature journal presents a pangenome reference
map. The map was created using genetic information from 47 unidentified individuals,
including 19 men and 28 women. These individuals come from various regions such
as Africa, the Caribbean, Americas, East Asia, and Europe.
What is a genome?
Ø The human genome is the entire set of
deoxyribonucleic acid (DNA) residing in the nucleus of every cell of each human
body.
Ø It carries the complete genetic
information responsible for the development and functioning of the organism.
Ø Our genome consists of 23 different
strings, each composed of millions of individual building blocks called
nucleotides or bases.
Ø The DNA consists of a double-stranded
molecule built up by four bases – adenine (A), cytosine (C), guanine (G) and
thymine (T).
Ø Every base on one strand, pairs with a
complementary base on the other strand (A with T and C with G).
Ø In all, the genome is made up of
approximately 3.05 billion such base pairs.
Genome Sequencing -
Ø Genome sequencing is the method used
to determine the precise order of the four letters (A, T, G and C) and how they
are arranged in.
Ø In other words, Genome sequencing is
the process of determining the complete DNA sequence of an organism's genome.
Ø Sequencing individual genomes helps us
understand human diversity at the genetic level and how prone we are to certain
diseases.
Ø The genome is an identity card like
Aadhaar. As each of our Aadhar card is unique, so is our genome.
Ø As sequencing individual genomes of
all humans is expensive, we do not yet have all our genome identity cards.
Ø To circumvent this, one can have a
collective identity card. For example, we can have a single genome identity
card for everyone living in a region.
What is a reference genome?
Ø A reference genome is a complete,
assembled set of genetic information for a particular individual or a consensus
sequence.
Ø When genomes are newly sequenced, they
are compared to a reference map called a reference genome.
Ø This helps us to understand the
regions of differences between the newly sequenced genome and the reference genome.
Significance —
Ø One of this century’s scientific
breakthroughs was the making of the first reference genome in 2001.
Ø It helped scientists discover
thousands of genes linked to various diseases; better understand diseases like
cancer at the genetic level; and design novel diagnostic tests.
What is a pangenome map?
Ø The reference genome is a linear
sequence. However, the pangenome is a graph.
Ø A pangenome map refers to the
representation and analysis of the collective genetic information present in
the genomes of a particular species or a group of related species.
Ø Unlike a reference genome, which
represents a single individual or a consensus sequence, a pangenome map
captures the genetic diversity and variation across multiple individuals or
populations.
Principle —
Ø The concept of a pangenome recognises
that the genome of a species is not a fixed entity.
Ø But it consists of a core set of genes
shared by most individuals, along with a variable set of genes that are unique
or present only in certain individuals or subpopulations.
Ø This genetic variation can contribute
to differences in traits, disease susceptibility, and other biological
characteristics.
Why is a pangenome map important?
A comprehensive picture of the species' genetic content —
Ø A pangenome map integrates genomic
data from multiple individuals or strains of a species to construct a
comprehensive picture of the species' genetic content.
Ø It includes the identification and
classification of core genes shared by all or most individuals, as well as the characterisation
of variable genes that are present in only a subset of individuals.
Ø Hence, a complete and error-free human
pangenome map will help us understand those differences and explain human
diversity better.
Helpful for researchers —
Ø By constructing a pangenome map,
researchers can —
Ø gain insights into the genetic
diversity within a species,
Ø study the evolution and adaptation of
genes,
Ø identify genes associated with
specific phenotypes or diseases, and
Ø understand the overall genomic
architecture of the species.
Pangenome map and India -
Ø The current map does not contain
genome sequences from Indians.
Ø Still, it will help map Indian genomes
better against the error-free and complete reference genomes known so far.
Ø Future pangenome maps may include high
quality genomes from Indians, including from many endogamous and isolated
populations within the country.
Ø If this happens, it will shed light on
disease prevalence, help discover new genes for rare diseases, design better
diagnostic methods, and help discover novel drugs against those diseases.
Third FIPIC Summit
India's
engagement with the Pacific Island Nations holds geopolitical, geostrategic,
and economic importance. Prime Minister Modi's visit to Papua New Guinea during
the 3rd FIPIC summit showcased the growing strategic significance of the region.
However, the Pacific Island Nations also face various challenges, including
geographical disadvantage, climate change impacts, socio-economic challenges,
and security and governance-related issues. In response to these challenges,
India has undertaken initiatives to foster cooperation and development assistance.
Significance of India's engagement -
Ø Geopolitical Importance — The Pacific Island Nations serve as a
strategic link connecting Asia with the Americas. This region has been of
interest to countries like the US, Japan, China, and Russia. India considers
the Pacific as part of its Indo-Pacific vision, promoting a free, open, and
inclusive order.
Ø Geostrategic Importance — The Pacific Ocean has long been an
area of geostrategic interest. India's engagement in the region is crucial for
its aspirations to become a global leader.
Ø Economic Cooperation — India aims to expand economic cooperation
with the Pacific Island Nations. While the current trade volume is relatively
low, these nations possess significant maritime resources, including fisheries,
minerals, and energy reserves.
Ø Maritime Security — Ensuring maritime security in the Indo-Pacific
is a shared interest between India and the Pacific Island Nations. Collaboration
in this domain strengthens regional stability.
Challenges faced by Pacific Island
Nations -
Ø Geographical Disadvantage — The scattered islands pose logistical
challenges, while their small land area affects mass production. The remoteness
of these islands from major markets creates difficulties in communication,
human interaction, and transportation costs.
Ø Climate Change — The Pacific Island Nations are among
the most vulnerable to climate change impacts. They face rising sea levels,
extreme weather events, and the resultant socioeconomic consequences. Natural
disasters cost these nations a significant percentage of their GDP.
Ø Socio-economic Challenges — The small economies and limited formal
sector employment in the Pacific make it difficult to meet growing employment demands.
Years of mismanagement and poor policies have led to ecological and energy
calamities in the region.
Ø Security and
Governance-related Challenges — The vast coastlines and large
exclusive economic zones (EEZ) require capacity building in coastal security
and EEZ management.
Ø Maritime disputes in the region,
particularly in the South China Sea and East China Sea, pose threats to the
maritime security of these nations.
What are some of the initiatives by India?
Forum for India-Pacific Island Cooperation (FIPIC) — FIPIC was launched as a platform for dialogue
and cooperation with 14 Pacific Island countries. It facilitates discussions on
various areas, including climate change, clean energy, digital connectivity,
visa facilitation, space technology, and diplomatic training.
Development Assistance — India has undertaken various development
assistance initiatives, such as setting up a special fund for climate change
adaptation and clean energy, establishing the Pan Pacific Islands e-network to
improve digital connectivity, extending visa-on-arrival facilities, cooperation
in space technology applications, and providing training to rural women from
Pacific Island countries as solar engineers.
Conclusion -
India’s
engagement with the Pacific Island Nations holds strategic importance,
considering the geopolitical, geostrategic, and economic dimensions. Despite
the challenges faced by the Pacific Island Nations, India has taken proactive
steps to enhance cooperation and development assistance. By fostering strong
ties with these nations, India aims to contribute to their sustainable
development and strengthen regional stability in the Indo-Pacific.
Third FIPIC Summit
India's
engagement with the Pacific Island Nations holds geopolitical, geostrategic,
and economic importance. Prime Minister Modi's visit to Papua New Guinea during
the 3rd FIPIC summit showcased the growing strategic significance of the region.
However, the Pacific Island Nations also face various challenges, including
geographical disadvantage, climate change impacts, socio-economic challenges,
and security and governance-related issues. In response to these challenges,
India has undertaken initiatives to foster cooperation and development assistance.
Significance of India's engagement -
Ø Geopolitical Importance — The Pacific Island Nations serve as a
strategic link connecting Asia with the Americas. This region has been of
interest to countries like the US, Japan, China, and Russia. India considers
the Pacific as part of its Indo-Pacific vision, promoting a free, open, and
inclusive order.
Ø Geostrategic Importance — The Pacific Ocean has long been an
area of geostrategic interest. India's engagement in the region is crucial for
its aspirations to become a global leader.
Ø Economic Cooperation — India aims to expand economic cooperation
with the Pacific Island Nations. While the current trade volume is relatively
low, these nations possess significant maritime resources, including fisheries,
minerals, and energy reserves.
Ø Maritime Security — Ensuring maritime security in the Indo-Pacific
is a shared interest between India and the Pacific Island Nations. Collaboration
in this domain strengthens regional stability.
Challenges faced by Pacific Island
Nations -
Ø Geographical Disadvantage — The scattered islands pose logistical
challenges, while their small land area affects mass production. The remoteness
of these islands from major markets creates difficulties in communication,
human interaction, and transportation costs.
Ø Climate Change — The Pacific Island Nations are among
the most vulnerable to climate change impacts. They face rising sea levels,
extreme weather events, and the resultant socioeconomic consequences. Natural
disasters cost these nations a significant percentage of their GDP.
Ø Socio-economic Challenges — The small economies and limited formal
sector employment in the Pacific make it difficult to meet growing employment demands.
Years of mismanagement and poor policies have led to ecological and energy
calamities in the region.
Ø Security and
Governance-related Challenges — The vast coastlines and large
exclusive economic zones (EEZ) require capacity building in coastal security
and EEZ management.
Ø Maritime disputes in the region,
particularly in the South China Sea and East China Sea, pose threats to the
maritime security of these nations.
What are some of the initiatives by India?
Forum for India-Pacific Island Cooperation (FIPIC) — FIPIC was launched as a platform for dialogue
and cooperation with 14 Pacific Island countries. It facilitates discussions on
various areas, including climate change, clean energy, digital connectivity,
visa facilitation, space technology, and diplomatic training.
Development Assistance — India has undertaken various development
assistance initiatives, such as setting up a special fund for climate change
adaptation and clean energy, establishing the Pan Pacific Islands e-network to
improve digital connectivity, extending visa-on-arrival facilities, cooperation
in space technology applications, and providing training to rural women from
Pacific Island countries as solar engineers.
Conclusion -
India’s
engagement with the Pacific Island Nations holds strategic importance,
considering the geopolitical, geostrategic, and economic dimensions. Despite
the challenges faced by the Pacific Island Nations, India has taken proactive
steps to enhance cooperation and development assistance. By fostering strong
ties with these nations, India aims to contribute to their sustainable
development and strengthen regional stability in the Indo-Pacific.
International Day for Biological Diversity
The
International Day for Biological Diversity (IDB), celebrated on 22nd May 2023,
raises awareness about the importance of biodiversity for sustaining life on
Earth.
Extent of Species Extinction Risk:
Ø The Global Assessment Report on Biodiversity
and Ecosystem Services emphasizes that approximately one million species face
the risk of extinction.
Kunming-Montreal Global
Biodiversity Framework:
Ø At the 15th Conference of Parties (COP 15) to
the Convention on Biological Diversity, the Kunming-Montreal Global
Biodiversity Framework was adopted as a response to the biodiversity crisis.
Ambitious Targets for 2030:
Ø The framework establishes ambitious targets
to be achieved by 2030 in order to address the biodiversity crisis.
Ø These targets serve as a guide and aim to
facilitate conservation efforts, restoration initiatives, and the sustainable
use of biodiversity.
Roadmap for Conservation,
Restoration, and Sustainable Use:
Ø The Kunming-Montreal Global Biodiversity
Framework provides a roadmap for actions to be taken regarding the
conservation, restoration, and sustainable utilization of biodiversity.
Ø It outlines strategies and measures that can
be implemented on local, national, and global levels to protect and restore
ecosystems and halt species decline.
About International Day for
Biological Diversity (IDB):
Ø In 1993, the United Nations General Assembly
(UNGA) designated May 22nd as the International Day for Biological Diversity
(IDB).
Ø The purpose of IDB is to raise awareness and
promote understanding of biodiversity issues.
United Nations Decades:
Ø The UNGA declared the period from 2011 to
2020 as the United Nations (UN) Decade on Biodiversity.
Ø This Decade aimed to encourage the
implementation of a strategic plan on biodiversity and promote the vision of
living in harmony with nature.
Ø Additionally, the UNGA declared 2021 to 2030
as the UN Decade of Ocean Science for Sustainable Development and the UN Decade
on Ecosystem Restoration.
Theme for 2023:
Ø The theme for the International Day for
Biological Diversity in 2023 is “From Agreement to Action: Build Back
Biodiversity.”
Ø This theme underscores the urgent need to
move beyond commitments and translate them into concrete actions.
Ø The focus is on revitalizing and safeguarding
biodiversity through practical measures and initiatives.
Kunming-Montreal Global Biodiversity Framework:
Ø The Kunming-Montreal Global Biodiversity
Framework calls for urgent and integrated action to incorporate biodiversity
considerations into all sectors of the global economy.
Ø However, crucial issues such as funding
conservation in poorer countries and committing to biodiversity-friendly supply
chains are left to be discussed later.
Ø It is important to note that the framework is
not a binding international agreement.
Ø The framework urges parties to mainstream
biodiversity protection in decision-making and recognize the significance of
conservation in safeguarding human health.
Ø The theme of the declaration is “Ecological
Civilization: Building a Shared Future for All Life on Earth.”
Post-2020 Implementation Plan and
Capacity Building:
Ø Adoption of the framework commits nations to
support the development, adoption, and implementation of an effective post-2020
implementation plan.
Ø It also involves the formulation of a
capacity-building action plan for the Cartagena Protocol on biosafety, which
aims to protect biodiversity from potential risks associated with living
modified organisms from modern biotechnology.
Ø
30 by 30 Target:
Ø The declaration references the “30 by 30”
target, which is a key proposal under discussion at COP15.
Ø This target aims to designate 30% of the
Earth’s land and oceans with protected status by 2030.
Goals and Targets:
The
framework comprises four goals and 23 targets to be achieved by 2030.
Goals:
Ø Conserve and restore biodiversity.
Ø Ensure sustainable use of biodiversity.
Ø Share benefits fairly and equitably.
Ø Enable transformative change.
Read More