TOPIC : GS 2 Statutory, Regulatory and various Quasi-judicial Bodies.
Restructuring the tribunals system
What is the news?
- The Centre has abolished several appellate tribunals and authorities and transferred their jurisdiction to other existing judicial bodies
- It was done through the Tribunals Reforms (Rationalization and Conditions of Service) Ordinance 2021. This Ordinance has been challenged in the Supreme Court.
Sharp criticism
- The Ordinance has met with sharp criticism for bypassing the usual legislative process
- It also abolishing several tribunals such as the Film Certification Appellate Tribunal without any stakeholder
- In Rojer Mathew v. South Indian Bank (2019), no judicial impact assessment was conducted prior to abolishing the tribunals through this Ordinance.
- While the Ordinance has incorporated the suggestions made in Madras Bar Association v. Union of India (2020) on the composition of a searchcumselection committee and its role in disciplinary proceedings,
- It has also fixed four year tenure for Chairpersons and members of tribunals the Centre is yet to constitute a National Tribunals Commission (NTC)
- It is an independent umbrella body to supervise the functioning of tribunals appointment of and disciplinary proceedings against members, and to take care of administrative and infrastructural needs of the tribunals.
- The idea of an NTC was first mooted in Chandra Kumar v. Union of India (1997), but it has still not seen the light of day.
- Initiating dialogue and promoting awareness about the NTC is vital for overcoming the government’s inertia in establishing such a body.
- Developing an independent oversight body for accountable governance requires a legal framework that protects its independence and impartiality.
- The functioning of tribunals is often seen in matters of appointment and removal of tribunal members, as well as in provision of finances, infrastructure, personnel and other resources required for day-today functioning of the tribunals.
Establishing National Tribunal Commission
- The NTC must be established vide a constitutional amendment or be backed by a statute that guarantees it functional, operational and financial independence.
- One of the main reasons that has motivated the idea of NTC is the need for an authority to support uniform administration across all tribunals.
- The NTC could therefore pave the way for the separation of the administrative and judicial functions carried out by various tribunals.
- It must be established vide a constitutional amendment or be backed by a statute that guarantees it functional, operational and financial
- One of the main reasons that has motivated the idea of NTC is the need for an authority to support uniform administration across all tribunals.
- The NTC could therefore pave the way for the separation of the administrative and judicial functions carried out by various
- A ‘corporatized’ structure of NTC with a Board, a CEO and a Secretariat will allow it to scale up its services and provide requisite administrative support to all tribunals across the country.
Administrative duties
- It could set performance standards for the efficiency of tribunals and their own administrative processes.
- It could function as an independent recruitment body to develop and operationalize the procedure for disciplinary proceedings and appointment of tribunal members.
- Giving the NTC the authority to set members’ salaries, allowances, and other service conditions, subject to regulations, would help maintain tribunals’ independence.
- Administrative roles of the NTC include providing support services to tribunal members, litigants, and their lawyers.
Way forward
- The Finance Ministry has been vested with the responsibility for tribunals until the NTC is constituted, it should come up with a transition plan.
- The way to reform the tribunal system is to look at solutions from a systemic perspective supported by evidence.
- Establishing the NTC will definitely entail a radical restructuring of the present tribunals system.
Mains question
It is time to set up a National Tribunals Commission. Examine the following statement
Sources : https://www.thehindu.com/opinion/op-ed/restructuring-the-tribunals-system/article34574959.ece
PRELIMS PUNCHERS
- Tianwen-1
It is an interplanetary mission by the China National Space Administration (CNSA) to send a robotic spacecraft to Mars, consisting of an orbiter, deployable camera, lander and the Zhurong rover. The spacecraft, with a total mass of nearly five tons, is one of the heaviest probes launched to Mars and carries 13 scientific instruments.
The scientific objectives of the mission relate to the geology of Mars, the current and past presence of water, the internal structure of the planet, identification of minerals and rock types on the surface, as well as characterization of the space environment and atmosphere of Mars.
The mission was launched from the Wenchang Spacecraft Launch Site on 23 July 2020 on a Long March 5 heavy-lift launch vehicle. After seven months of transit, it entered orbit around Mars on 10 February 2021
- Cyclone Tauktae
It is in the Arabian Sea, was initially classified as a cyclonic storm (CS) by India Meteorological Department (IMD), but has developed into a very severe cyclonic storm (VSCS).The cyclone, which developed as a depression over Lakshadweep area near latitude11.0°N and longitude 72.5°E
Cyclones are rapid inward air circulation around a low-pressure area. The air circulates in an anticlockwise direction in the Northern hemisphere and clockwise in the Southern hemisphere. Tropical cyclones originate and intensify over warm tropical oceans. The condition favourable for the formation and intensification of tropical storms are: Large sea surface with temperature higher than 27° C. Presence of the Coriolis force. Small variations in the vertical wind speed. A pre-existing weak low- pressure area or low-level-cyclonic circulation. Upper divergence above the sea level system.
Sources : https://www.thehindu.com/news/national/cyclone-tauktae-updates-may-17-2021/article34576422.ece
- Black fungus
A rare but serious fungal infection, known as mucormycosis and colloquially as “black fungus”, is being detected relatively frequently among Covid-19 patients in some states. The disease often manifests in the skin and also affects the lungs and the brain. With a number of mucormycosis cases detected in Delhi, Maharashtra and Gujarat, experts in the national Covid-19 task force issued an evidence-based advisory on the disease.
Sinuses or lungs of such individuals get affected after they inhale fungal spores from the air. Doctors in some states have noted a rise in cases of mucormycosis among people hospitalized or recovering from Covid 19. While it is treated with antifungals, mucormycosis may eventually require surgery. Doctors have said that it is of utmost importance to control diabetes, reduce steroid use, and discontinue immunomodulating drugs. To maintain adequate systemic hydration, the treatment includes infusion of normal saline (IV) before infusion of amphotericin B and antifungal therapy, for at least 4-6 weeks.
Sources : https://science.thewire.in/the-sciences/covid-19-and-black-fungus-what-is-mucormycosis/
- PVTG
They are more vulnerable among the tribal groups. Due to this factor, more developed and assertive tribal groups take a major chunk of the tribal development funds, because of which PVTGs need more funds directed for their development. In this context, in 1975, the Government of India initiated to identify the most vulnerable tribal groups as a separate category called PVTGs and declared 52 such groups, while in 1993 an additional 23 groups were added to the category, making it a total of 75 PVTGs out of 705 Scheduled Tribes, spread over 17 states and one Union Territory (UT), in the country (2011 census).
Government of India follows the following criteria for identification of PVTGs based Pre-agricultural level of technology, Low level of literacy, Economic backwardness,A declining or stagnant population. Accordingly 75 PTVGs have been identified in the country. Birhor, Bondo, Didayi ,Dongria-Khond, Juangs , Kharias, Kutia Kondh , Lanjia Sauras , Lodhas , Mankidias are PVTG of odisa
PRELIMS QUESTION
Qn1 Consider the following statement regarding to cyclone Tauktae
- It is in the Bay of Bengal Sea, was initially classified as a cyclonic storm (CS) by India Meteorological Department (IMD)
- Large sea surface with temperature lower than 25° C is one of favourable condition
Select the correct statement using code given below.
(a). 1only (b) 2 only
(c). Both of them (d). None of the above
Answer: D
It is in the Arabian Sea, was initially classified as a cyclonic storm (CS) by India Meteorological Department (IMD), but has developed into a very severe cyclonic storm (VSCS).The cyclone, which developed as a depression over Lakshadweep area near latitude11.0°N and longitude 72.5°E
Cyclones are rapid inward air circulation around a low-pressure area. The air circulates in an anticlockwise direction in the Northern hemisphere and clockwise in the Southern hemisphere. Tropical cyclones originate and intensify over warm tropical oceans. The condition favourable for the formation and intensification of tropical storms are: Large sea surface with temperature higher than 27° C. Presence of the Coriolis force. Small variations in the vertical wind speed. A pre-existing weak low- pressure area or low-level-cyclonic circulation. Upper divergence above the sea level system.
Qn 2. Birhor, Bondo, Didayi are the PVTG of which of following states ?
1.Odisha
- Andhra Pradesh
- Jharkhand
- Chhattisgarh
Answer : A
They are more vulnerable among the tribal groups. Due to this factor, more developed and assertive tribal groups take a major chunk of the tribal development funds, because of which PVTGs need more funds directed for their development. In this context, in 1975, the Government of India initiated to identify the most vulnerable tribal groups as a separate category called PVTGs and declared 52 such groups, while in 1993 an additional 23 groups were added to the category, making it a total of 75 PVTGs out of 705 Scheduled Tribes, spread over 17 states and one Union Territory (UT), in the country (2011 census).
Government of India follows the following criteria for identification of PVTGs based Pre-agricultural level of technology, Low level of literacy, Economic backwardness,A declining or stagnant population. Accordingly 75 PTVGs have been identified in the country. Birhor, Bondo, Didayi ,Dongria-Khond, Juangs , Kharias, Kutia Kondh , Lanjia Sauras , Lodhas , Mankidias are PVTG of Odissa