Daily Prelims Notes 22 January 2021

January 22, 2021
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Daily Prelims Notes 22 January 2021

By

Santosh Sir

All 6 Prelims qualified

4 CSE Mains qualified

If I can do it, you can too

Table Of Contents

1. NATIONAL GREEN TRIBUNAL

Subject: Polity

Context: A project to build a 37-floor high rise near Delhi University’s North Campus will need new environmental clearance (EC), the National Green Tribunal (NGT) was told.

Concept:

It is a specialised body set up under the National Green Tribunal Act (2010) for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources.
With the establishment of the NGT, India became the third country in the world to set up a specialised environmental tribunal, only after Australia and New Zealand, and the first developing country to do so.
NGT is mandated to make disposal of applications or appeals finally within 6 months of filing of the same.
The NGT has five places of sittings, New Delhi is the Principal place of sitting and Bhopal, Pune, Kolkata and Chennai are the other four.

Structure of NGT

The Tribunal comprises of the Chairperson, the Judicial Members and Expert Members. They shall hold office for term of five years and are not eligible for reappointment.
The Chairperson is appointed by the Central Government in consultation with Chief Justice of India (CJI). A selection committee would be formed for this purpose.

Powers & Jurisdiction

The Tribunal has jurisdiction over all civil cases involving substantial question relating to environment (including enforcement of any legal right relating to environment).
Being a statutory adjudicatory body like Courts, apart from original jurisdiction side on filing of an application, NGT also has appellate jurisdiction to hear appeal as a Court (Tribunal).
The Tribunal is not bound by the procedure laid down under the Code of Civil Procedure 1908, but shall be guided by principles of ‘natural justice’.
While passing any order/decision/ award, it shall apply the principles of sustainable development, the precautionary principle and the polluter pays principle.
An order/decision/award of Tribunal is executable as a decree of a civil court.
The NGT Act also provides a procedure for a penalty for non compliance.

Appeal :

An appeal against order/decision/ award of the NGT lies to the Supreme Court, generally within ninety days from the date of communication.(However appeal can be filed either before the state high court or supreme court )
The NGT deals with civil cases under the seven laws related to the environment, these include:
The Water (Prevention and Control of Pollution) Act, 1974,
The Water (Prevention and Control of Pollution) Cess Act, 1977,
The Forest (Conservation) Act, 1980,
The Air (Prevention and Control of Pollution) Act, 1981,
The Environment (Protection) Act, 1986,
The Public Liability Insurance Act, 1991 and
The Biological Diversity Act, 2002.
Two important acts – Wildlife (Protection) Act, 1972 and Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 have been kept out of NGT’s jurisdiction.

2. LAW IN ABEYANCE

Subject: Current events/ polity

Context : As farmers reject the government’s proposal to keep the three contentious farm laws in abeyance for 18 months, experts have raised questions over the legislative options the Government has going forward..

Concept :

Can a law can be kept in Abeyance?

The laws, passed by Parliament in September last year, were notified in the official gazette on September 27 after President Ram NathKovind gave his assent.
While Parliament can repeal the law, there is no vocabulary in the Constitution or Parliamentary procedure for keeping a law in abeyance.
While the government cannot stay a law, it can delay its implementation before rules are notified.
For example, the Citizenship Amendment Act, passed by both Houses in December 2019 was notified in the official gazette in January 2020.
Parliamentary procedure dictates that the rules for the legislation are to be notified within six months from the date of publication in the gazette. However, the government is yet to notify the rules for the law to be implemented.
Similarly, the Benami Transaction (Prohibition) Act, 1988 was not implemented for almost 28 years till the rules were notified in 2016.
However, once the rules are notified, the only options before the government are to ask the Supreme Court to continue its stay order or take the laws back to Parliament. The Parliament can either amend or repeal the laws.
The Parliament’s powers to repeal laws come from Article 245 of the Constitution, the provision which empowers it to make laws.

3. V SHAPED RECOVERY

Subject : Economics

Context : The economy is within striking distance of attaining positive growth, officials of the Reserve Bank of India (RBI) wrote, adding that the letter ‘V’ in the V-shaped recovery stood for vaccine.

Concept:

V-shaped recovery: It is a scenario in which the economy quickly recoups lost ground and gets back to the normal growth trend-line.
In this, incomes and jobs are not permanently lost, and the economic growth recovers sharply and returns to the path it was following before the disruption.

4. GREEN BONDS

Subject: Economics

Context: RBI Governor says that the cost of green bond issuance is high in India.

Concept:

A green bond is like any other regular bond but with one key difference: the money raised by the issuer are earmarked towards financing `green’ projects, i.e. assets or business activities that are environment-friendly.
The issuance of the first green bond in 2007 was made by two multilateral development banks (World Bank and European Investment Bank).
India’s first green bond was issued by YES Bank in 2015.

Benefits of Green Bonds

Green bonds enhance an issuer’s reputation, as it helps in showcasing their commitment to wards sustainable development.
It also provides issuers access to specific set of global investors who invest only in green ventures.With an increasing focus of foreign investors towards green investments, it could also help in reducing the cost of capital.
Green bonds present the opportunity for investors to feel as if they’re making a difference for the environment while earning a respectable return in the process.

SEBI Regulations

For designating an issue of a corporate bond as green bond, an issue apart from complying with the issue and listing of debt securities regulations, would have to disclose additional information in the offer document such as use of proceeds.
SEBI’s indicative list includes renewable and sustainable energy such as wind and solar, clean transportation, sustainable water management, climate change adaptation, energy efficiency, sustainable waste management and land use and biodiversity conservation.

5. SENSEX

Subject: Economics

Context : Launched on January 2, 1986 (base year:1978-79 = 100), the country’s first equity index has risen from 124 in April 1979 to 50,000 today, a compounded annual growth rate of 15.9% over 42 years.

Concept :

Sensex, otherwise known as the S&P BSE Sensex index, is the benchmark index of India’s BSE, formerly known as the Bombay Stock Exchange.)
The Sensex is comprised of 30 of the largest and most actively-traded stocks on the BSE, providing a gauge of India’s economy.
The index’s composition is reviewed in June and December each year. Created in 1986, the Sensex is the oldest stock index in India.
Analysts and investors use it to observe the cycles of India’s economy and the development and decline of particular industries.

Free-Float vs Market Capitalization Method

When it was launched in 1986, the Sensex was calculated based on a market-capitalization weighted methodology.
Since September 2003, the Sensex has been calculated based on a free-float capitalization method, which provides a weighting for the effect of a company on the index.
This is a variation of the market cap method, but instead of using a company’s outstanding shares, it uses its float, which is the number of shares that are readily available for trading.
The free-float method, therefore, does not include restricted stocks, such as those held by company insiders, which can’t be readily sold.

NIFTY

Nifty is derived from the term National Stock Exchange Fifty and it comprises of 50 companies that are traded on NSE. It is the benchmark index of NSE and was introduced in 1996.

6. GEO HAZARD MANAGEMENT

Subject: Disaster Management

Context: Defence Research and Development Organisation (DRDO) has entered into a framework MoU with the Ministry of Road Transport & Highways (MoRTH) to strengthen collaboration on sustainable Geo-Hazard management.

Concept :

DRDO’s Defence Geo-Informatics Research Establishment (DGRE) is working for the development of critical technologies for enhancing combat effectiveness in various kinds of terrains and avalanches.
The expertise of DGRE in mapping, forecasting, control and mitigation of landslides and avalanches in Himalayan terrain will be utilized for designing national highways including tunnels.
MoRTH is responsible for development & maintenance of National Highways across the country.

7. DEMARCHE

Subject: International Relations / Diplomacy

Context: India lodged a strong protest with Sri Lanka over the death of three fishermen from Tamil Nadu in a collision between their vessel and a Lankan naval craft, saying Colombo should take steps to prevent the recurrence of such incidents.

Concept:

Demarche

A demarche is a more formal type of communication of one government’s official position, views, or wishes on a given subject to an appropriate official in another government.
Demarches generally seek to persuade, inform, or gather information from a foreign government. Governments may also use a demarche to protest or object to actions by a foreign government.
Diplomatic démarches are delivered to the appropriate official of the government or organization.

Other formal types of diplomatic communications

Note Verable

A note verbale is a diplomatic communication from one government to another, delivered through each other’s diplomatic representatives.
It literally means a verbal note, because it was meant to be delivered orally to the recipient. In modern times, it is a written note.
Notes verbale are the commonest method of formal diplomatic communication. They are used to convey information or requests of all kinds.

Demi Official

A demi official (DO) is a first person communication that begins with a “Dear…” and is signed by the writer, usually a high representative of the sending entity.
DOs are used only when the addressee and the representative know each other extremely well and occupy high office.

8. PARDONING POWERS OF GOVERNOR

Subject: Polity

Context: Tamil Nadu Governor BanwarilalPurohit would take a decision “as per the Constitution” in the next three or four days on the plea for release filed by A.G.

Concept:

Pardoning Powers of Governor

Article 161 deals with the Pardoning Power of the Governor.
The Governor can grant pardons, reprieves, respites and remissions of punishments or suspend, remit and commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the state extends.
The Governor cannot Pardon a Death Sentence. (The President has the power of Pardon a death Sentence).
The Governor cannot grant pardon, reprieve, respite, suspension, remission or commutation in respect to punishment or sentence by a court-martial. However, the President can do so.

Additional Information

Pardon: means completely absolving the person of the crime and letting him go free. The pardoned criminal will be like a normal citizen.
Commutation: means changing the type of punishment given to the guilty into a less harsh one, for example, a death penalty commuted to a life sentence.
Reprieve: means a delay allowed in the execution of a sentence, usually a death sentence, for a guilty person to allow him some time to apply for Presidential Pardon or some other legal remedy to prove his innocence or successful rehabilitation.
Respite: means reducing the quantum or degree of the punishment to a criminal in view of some special circumstances, like pregnancy, mental condition etc.
Remission: means changing the quantum of the punishment without changing its nature, for example reducing twenty-year rigorous imprisonment to ten years.

9. HORIZONTAL & VERTICAL RESERVATION

Subject: Polity

Context: The Union Ministry of Health and Family Welfare has questioned the legislative competence of State governments to enact laws which provide horizontal reservation to government school students in medical admissions every year.

Concept:

There are two types of reservations, which may be referred to as ‘vertical reservations’ and ‘horizontal reservations’.
The reservations in favour of Scheduled Castes, Scheduled Tribes and Other Backward Classes [(under Article 16(4)] may be called vertical reservations.
Whereas reservations in favour of physically handicapped, Women , Ex-servicemen etc (under clause (1) of Article 16] can be referred to as horizontal reservations.
The percentage of reservation allotted to Horizontal reservation categories should be adjusted against percentage of SC/ST/ OBC and General categories in vertical reservation.
Horizontal reservations cut across the vertical reservations – what is called interlocking reservations.