November 2024
Download PDFCentre -State Relations
Kerala govt has invoked Article 131 to challenge citizenship law in SC
Relevance IN - Prelims ( about article 131) + Mains ( GS II Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure, devolution of powers and finances up to local levels and challenges therein. Separation of powers between various organs dispute redressal mechanisms and institutions.
What's the NEWS
- The Kerala government moved the Supreme Court challenging the contentious Citizenship Amendment Act (CAA) 2019. It has been filed under Article 131 of the Constitution of India.
- The plea says the Act violates the right to equality under Article 14, right to life under Article 21, and freedom to practise religion under Article 25 of the Constitution of India
Citizenship Amendment Act (CAA)
- The new law, which seeks to give citizenship to six non-Muslim minority communities from Pakistan, Bangladesh and Afghanistan, has seen vociferous opposition across the country ever since it passed by Parliament in December last year.
- Kerala, as a state, is constitutionally bound, under Article 256, to implement any law passed by Parliament.
Know! about Article 131
The Supreme Court has three kinds of jurisdictions: original, appellate and advisory.
- Under its advisory jurisdiction, the President has the power to seek an opinion from the apex court under Article 143 of the Constitution.
- Under its appellate jurisdiction, the Supreme Court hears appeals from lower courts.
Original jurisdiction of the Supreme Court Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute
(a) between the Government of India and one or more States; or
(b) between the Government of India and any State or States on one side and one or more other States on the other; or
(c) between two or more States, if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends:
Original Jurisdiction
- The original jurisdiction of a court means the power to hear a case for the first time, as opposed to appellate jurisdiction, in which the court reviews the decision of a lower court.
- Unlike the original jurisdiction under Article 32 (which gives the top court the power to issue writs, etc.), the jurisdiction in Article 131 is exclusive, meaning it is only the Supreme Court which has this authority.
- Under Article 226, the High Courts too have the power to issue writs, direction
- In its extraordinary original jurisdiction, the Supreme Court has exclusive power to adjudicate upon disputes involving elections of the President and the Vice President, those that involve states and the Centre, and cases involving the violation of fundamental rights.
Dispute to qualify as a dispute under Article 131
- It has to necessarily be between states and the Centre, and must involve a question of law or fact on which the existence of a legal right of the state or the Centre depends.
- Article 131, therefore, allows a state to file a suit in the Supreme Court in case of any dispute that it may have with the central government, invoking the court's "original jurisdiction".
- Under Article 131, the challenge is made when the rights and power of a state or the Centre are in question.
Other Petitions filed against CAA
- The other petitions challenging the CAA have been filed under Article 32 of the Constitution, which gives the court the power to issue writs when fundamental rights are violated.
- A state government cannot move the court under this provision because only people and citizens can claim fundamental rights.
- But can the Supreme Court declare legislation unconstitutional under Article 131?
- A 2012 dispute between Bihar and Jharkhand that is currently pending for consideration by a larger Bench of the court will answer this question.
- Although earlier judgments had held that the constitutionality of a law can be examined under Article 131, a 2011 judgment in the case of State of Madhya Pradesh v. Union of India ruled otherwise.
Health Sector
WHO endorses indigenous molecular diagnostic tool for tuberculosis diagnosis
Relevance IN - Prelims (about TrueNat+ about TB) + Mains (GS II Issues relating to development and management of Social Sector/Services relating to Health, Education, Human Resources.
What's the NEWS
- The World Health Organisation has endorsed TrueNat, an indigenous molecular diagnostic tool for tuberculosis (TB) diagnosis.
- The disease remains a threat to public health and is the top infectious cause of death globally.
Know! the statics of Tuberculosis
- In 2018, an estimated 10 million people developed TB and 1.5 million died of it while at least a million children become ill with it every year.
- Also about 5,00,000 new cases of multidrug 2 and rifampicin-resistant tuberculosis (MDR/RR-TB) are estimated to emerge annually but only one in three cases was reported by countries to have been diagnosed and treated in 2018.
- ,India had 26.9 lakh TB patients in 2018 as stated by the Global Tuberculosis Report 2019
- TB kills an estimated 4.8 lakh Indians every year and more than 1,400 every day.
- India has the highest TB burden in the world and also has more than a million ‘missing' cases every year that are not notified.
Know! about TrueNat TB Test
- The TrueNat TB test is a new molecular test that can diagnosis TB in one hour as well as testing for resistance to the drug rifampicin.
- The TrueNat test has been developed by the Indian firm MolBio Diagnostics Pvt Ltd Goa. It's development has been funded by Bigtec Labs, India.
- The test works by the rapid detection of TB bacteria using the polymerase chain reaction (PCR) technique.
- The machine looks for the DNA specific to the TB bacteria. If the machine detects it, it then uses PCR to copy (amplify) small segments of DNA and this DNA can then be used in many different laboratory procedures.
- Any resistance to rifampicin (RR) is detected by doing a second RTPCR (Reverse transcription polymerase chain reaction)
Know! all about Tuberculosis (TB)
- TB is a disease caused by bacteria called Mycobacterium tuberculosis. The bacteria usually attack the lungs
- Multidrug-resistant tuberculosis (MDR-TB) is a form of TB caused by bacteria that do not respond to isoniazid and rifampicin, the 2 most powerful first-line anti-TB drugs.
- MDR-TB is treatable and curable by using second-line drugs.
- Extensively drug-resistant TB (XDR-TB) is a more serious form of MDR-TB caused by bacteria that do not respond to the most effective second-line anti-TB drugs, often leaving patients without any further treatment options.
- The MDR-TB burden largely falls on 3 countries - India, China and the Russian Federation - which together account for half of the global cases. About 6.2% of MDR-TB cases had extensively drug-resistant TB (XDR-TB) in 2018.
Know! about ‘Spit Seq' Test For Early Diagnosis Of Multi Drug Resistant TB
- SPIT SEQ (spit sequencing) is a Whole-Genome Sequencing-based test.
- This test can provide a detailed analysis of every single mutation present in any TB bacteria causing drug resistance, directly from the sputum.
- The existing sputum smear microscopy is called ‘Cartridge Based Nucleic Acid Amplification Test (CB-NAAT)'
- These tests are not only time-consuming but do not provide a detailed analysis of resistance developed by the patient to every single mutation in the bacteria
Whole Genome Sequencing
- Whole genome sequencing is the process of determining the complete DNA sequence of an organism's genome at a single time.
- This entails sequencing all of an organism's chromosomal DNA as well as DNA contained in the mitochondria and, for plants, in the chloroplast.
What Is Multidrug Resistant TB?
- MDR TB is a particular type of drug resistant TB.
- It means that the TB bacteria that a person is infected with are resistant to two of the most important TB drugs, isoniazid (INH) and rifampicin (RMP).
- Other set of different drugs then need to be taken by the person if they are to be cured of TB.
- MDR-TB is on the rise because the patients either acquire it from their surroundings or they have not completed the course of their medications.
Know! The UN intervention
- On 26 September 2018, the United Nations (UN) held its first- ever high-level meeting on TB, elevating discussion about the status of the TB epidemic and how to end it to the level of heads of state and government.
- It followed the first global ministerial conference on TB hosted by WHO and the Russian government in November 2017.
- The outcome was a political declaration agreed by all UN Member States, in which existing commitments to the Sustainable Development Goals (SDGs) and WHO's End TB Strategy were reaffirmed, and new ones added.
- SDG Target 3.3 includes ending the TB epidemic by 2030.
Art and Culture
How is a language declared ‘classical' in India, what benefits it enjoys
Relevance IN - Prelims (about the classical language) + Mains (GS I Indian Culture and Heritage)
What's the NEWS
- The Akhil Bharatiya Marathi Sahitya Sammelan recently demanded that Marathi be given the status of a 'classical language'.
- Currently, six languages enjoy the ‘Classical' status: Tamil, Sanskrit, Kannada, Telugu, Malayalam, and Odia.
- At the recently concluded 93rd edition of the Akhil Bharatiya Marathi Sahitya Sammelan, a resolution was passed demanding the declaration of Marathi as a ‘Classical' language
Akhil Bharatiya Marathi Sahitya Sammelan
- The Sammelan, an annual conference of Marathi writers, was started in 1878, and over the years has been headed by leading Marathi intellectuals,
- This year's conference was presided over by litterateur, environmentalist, and Catholic priest Francis D'Britto, the first Christian to do so in history.
Know! about Classical languages
- Currently, six languages enjoy the ‘Classical' status: Tamil (declared in 2004), Sanskrit (2005), Kannada (2008), Telugu (2008), Malayalam (2013), and Odia (2014).
The guidelines for declaring a language as ‘Classical' are:
- High antiquity of its early texts/recorded history over a period of 1500-2000 years
- A body of ancient literature/texts, which is considered a valuable heritage by generations of speakers;
- The literary tradition be original and not borrowed from another speech community
- The classical language and literature being distinct from modern, there may also be a discontinuity between the classical language and its later forms or its offshoots.
The benefits it provides once a language is notified as a Classical language:
- Two major annual international awards for scholars of eminence in classical Indian languages
- A Centre of Excellence for studies in Classical Languages is set up
- The University Grants Commission is requested to create, to start with at least in the Central Universities, a certain number of Professional Chairs for the Classical Languages so declared.
Environment Conservation
Climate crisis fills top five places of World Economic Forum's risks report
Relevance IN - Prelims (about the Global Risks Report findings) + Mains (GS III Environment conservation)
What's the NEWS
- In its 15th Global Risks Report published, the World Economic Forum (WEF) has said that for the first time in the report's history all of the "top long-term risks by likelihood" are environmental.
- While in the previous decade economic and financial crises were seen as most dangerous, the report has found that risk perceptions have shifted to extreme weather, environmental disasters, biodiversity loss, natural catastrophes and failure to mitigate climate change.
WEF said the top five risks in terms of likelihood in the next 10 years were:
1. Extreme weather events with major damage to property, infrastructure and loss of human life.
2. Failure of climate-change mitigation and adaptation by governments and businesses.
3. Human-made environmental damage and disasters, including environmental crime, such as oil spills and radioactive contamination.
4. Major biodiversity loss and ecosystem collapse with irreversible consequences for the environment, resulting in severely depleted resources for humankind as well as industries.
5. Major natural disasters such as earthquakes, tsunamis, volcanic eruptions, and geomagnetic storms.
- The report was released ahead of the WEF's annual meeting in Davos next week, which will be attended by the chief executives of some of the world's biggest and powerful companies.
- The report surveyed the opinions of more than 750 global experts and decision-makers to rank their biggest concerns in terms of likelihood and impact.
- Among the short-term risks facing mankind already in 2020, three out of four respondents to the survey cited economic confrontations, political polarization, extreme heat waves, destruction of natural resource ecosystems and cyberattacks as the most pressing ones.
Know! about WEF
- WEF is an international organization focusing on cooperation between the public and private sectors, and brings together business leaders, government policymakers and representatives of civil society to foster global deliberations on burning issues.
KEEP Learning KEEP Evolving
TEAM CL IAS