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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  The signatory nations pledge to ensure that post-pandemic recovery policies, programs, and plans contribute to the conservation and sustainable use of biodiversity, promoting sustainable and inclusive development.

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.

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