November 2024
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Polity and Governance
ARTICLE 142
- The Supreme Court invoked Article 142 of the Constitution, which grants it extraordinary powers for "doing complete justice in any cause or matter pending before it", and released AG Perarivalan, a convict in former prime minister Rajiv Gandhi's assassination case.
- The Supreme Court bench upheld delay on part of the Tamil Nadu's governor in Perarivalan's pardon plea under Article 161 of Constitution.
- The Tamil Nadu government had in 2018 recommended to then governor Banwarilal Purohit that all seven convicts be released under Article 161 of the Constitution.
- The governor, however, delayed the state's recommendation for months before sending it to the President under Article 161, which allows the Governor to decide Perarivalan's release.
- The Article 161 states, "The Governor of a state shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend remit or 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 inordinate delay without an explanation in deciding his mercy plea as well as the Tamil Nadu Governor's reluctance to take a call on it prompted the top court to invoke its special powers under Article 142.
- The Supreme Court uses Article 142 to exercise its special powers in any case or matter pending before it to do "complete justice".
- The Supreme Court in the exercise of its jurisdiction may pass such a decree or make such order as is necessary for doing complete justice in any cause or matter pending before it
- 142(1): The Supreme Court may pass an order for doing complete justice.
- 142(2): It confers three different powers on the Supreme Court.
- Securing the attendance of persons before it.
- Discovery and production of documents and
- Investigation and punishment of contempt of itself.
- The objective of Article 142(1) is that the Supreme Court must not be dependent on the executive for the enforcement of its decrees and orders.
- Such dependence would otherwise violate the principles of independence of the judiciary and separation of powers, both of which are part of the basic structure of the Constitution.
- Cannot be used to over-ride the existing law, but only to supplement the law and
- Can be invoked for procedure purposes only.
Cabinet approves amendments to National Policy on Biofuels to make India energy independent by 2047
- Union Cabinet has approved the Amendments to the National Policy on Biofuels -2018.
- The amendments are intended to allow more feedstocks for the production of biofuels, advance the ethanol blending target of 20 percent blending of ethanol in petrol and promote the production of biofuels in the country.
- Besides, the amendments are also to add new members to the National Biofuel Coordination Committee (NBCC) and grant permission for the export of biofuels in specific cases.
- The advance date by which the fuel companies have increased the percentage of ethanol in petrol to 20%, is 2025 instead of 2025
- The policy to introduce 20% ethanol in petrol will take effect from April 1, 2023.
- India achieved 9.45% ethanol blending as on March 13, 2022.
- The Centre projects that this will reach 10% by the end of financial year 2022.
- Immense Benefits could accrue to the country by 20% ethanol blending by 2025, such as saving â¹30,000 crore of foreign exchange per year, increased energy security, lowered carbon emissions, better air quality, self-reliance, better use of damaged foodgrains, increased farmers' incomes and investment opportunities.
- The new policy would allow more feed stock for producing biofuel and foster the development of indigenous technologies.
- A 20% blend could require some changes and may even drive up the prices of vehicles.
- A greater percentage of blending could also mean more land being diverted for water-intensive crops such as sugar cane, which the government currently subsidises.
Triple test for states in quantifying OBC quota
- The Supreme Court (SC) directed the implementation of reservation for Other Backward Classes (OBC) in local body polls to be held in Madhya Pradesh.
- It said the Backward Classes Commission had submitted a revised report that satisfied the triple test for reservation for OBCs and gave a break-up of the reservation local body-wise.
- The SC in its March 4, 2021 judgment in Vilas Krishnarao Gawli judgment had provided for the triple test benchmark for states in quantifying OBC quota in local body elections.
- To set up a dedicated Commission to conduct contemporaneous rigorous empirical inquiry into the nature and implications of the backwardness qua local bodies, within the State;
- To specify the proportion of reservation required to be provisioned local body wise in light of recommendations of the Commission, so as not to fall foul of over breadth;
- In any case such reservation shall not exceed aggregate of 50% of the total seats reserved in favour of SCs/STs/OBCs taken together.
NORTH ATLANTIC TREATY ORGANIZATION (NATO)
What's the NEWS
- Finland and Sweden submitted a joint application to join NATO as Russia's invasion of Ukraine forces a dramatic reappraisal of security in Europe.
- The North Atlantic Treaty Organization (NATO) is an intergovernmental military alliance between 30 member states - 28 European states, the United States, and Canada.
- The organization, headquartered in Brussels, implements the North Atlantic Treaty, which was signed on 4 April 1949.
- The reversal of the Nordic countries' long-standing policy of non-alignment came amidst the Ukraine-Russia conflict. The membership push could represent the most significant expansion of NATO in decades, doubling its border with Russia.
- But the applications face resistance from NATO member Turkey, which accuses the Nordic neighbours of harbouring anti-Turkish extremists.
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