Archives
(PRELIMS & MAINS Focus)
PRINCIPLES OF JUDICIAL CONDUCT
Syllabus:
Mains – POLITY & ETHICS
Context: The comments made by Allahabad High Court judge, Justice Shekhar Kumar Yadav, against the Muslim community at an event organised by the legal cell of the Vishwa Hindu Parishad has drawn public flak.
Background: –
The “Restatement of Values of Judicial Life” and “Bangalore Principles of Judicial Conduct 2002” presents ethical framework for judicial conduct.
Key takeaways
The ‘Restatement of Values of Judicial Life’ is the primary code of ethics governing judicial behaviour adopted by the Supreme Court in 1997.
The code comprises 16 points:
Justice must not merely be done but it must also be seen to be done. Members of the judiciary must reaffirm the people’s faith in the impartiality of the judiciary. Accordingly, any act of a judge of the Supreme Court or a high court, whether in official or personal capacity, which erodes the credibility of this perception, has to be avoided.
A judge should not contest the election to any office of a club, society or other association.
Close association with individual members of the bar, particularly those who practice in the same court, shall be eschewed.
A judge should not permit any member of his immediate family, if a member of the Bar, to appear before him or even be associated in any manner with a cause to be dealt with by him.
No member of his family, who is a member of the Bar, shall be permitted to use the residence in which the judge actually resides or other facilities for professional work.
A judge should practice a degree of aloofness consistent with the dignity of his office.
A judge shall not hear and decide a matter in which a member of his family, a close relation or a friend is concerned.
A judge shall not enter into public debate or express his views in public on political matters or on matters that are pending or are likely to arise for judicial determination.
A judge is expected to let his judgments speak for themselves. He shall not give interviews to the media.
A judge shall not accept gifts or hospitality except from his family, close relations and friends.
A judge shall not hear and decide a matter in which a company in which he holds shares is concerned unless he has disclosed his interest and no objection to his hearing and deciding the matter is raised.
A judge shall not speculate in shares, stocks or the like.
A judge should not engage directly or indirectly in trade or business, either by himself or in association with any other person.
A judge should not ask for, accept contributions or otherwise actively associate himself with the raising of any fund for any purpose.
A judge should not seek any financial benefit in the form of a perquisite or privilege attached to his office unless it is clearly available.
Every judge must at all times be conscious that he is under the public gaze and there should be no act or omission by him which is unbecoming of the high office he occupies and the public esteem in which that office is held.
About the Bangalore Principles of Judicial Conduct, 2002
Adoption: Drafted under the guidance of the United Nations, the principles were formally adopted at a judicial colloquium in Bangalore, India, in 2002.
It is a set of universal principles and not legally binding but serves as a reference guide for judiciaries worldwide.
Six Core Values:
Independence:
Judges must ensure independence from executive, legislative, and other external influences.
Judicial independence is a precondition for the rule of law.
Impartiality:
Judges must remain unbiased in all cases, both in conduct and perception.
They must avoid conflicts of interest or favoritism.
Integrity: Upholding honesty and moral uprightness is fundamental for judicial trustworthiness.
Propriety: Judges must maintain propriety in personal and professional conduct, avoiding behavior that diminishes public confidence.
Equality: Fair treatment must be ensured regardless of race, gender, religion, or socio-economic background.
Competence and Diligence: Judges must continuously update their legal knowledge and ensure efficient case management.
Source: The Hindu
VAIKOM SATYAGRAHA
Syllabus:
Prelims – HISTORY
Context: Kerala Chief Minister Pinarayi Vijayan and his Tamil Nadu counterpart, M.K. Stalin, came together at Vaikom in Kottayam district of Kerala to inaugurate the renovated memorial to Tamil reformist leader E.V. Ramasamy Naicker, fondly known as Thanthai Periyar.
Background: –
The programme marks the valedictory function of the centenary celebrations of the Vaikom Satyagraha in which Periyar E V Ramasamy Naicker actively participated.
Key takeaways
The Vaikom Satyagraha was a significant social reform movement in Kerala that aimed to challenge the practice of untouchability and secure temple entry rights for all, irrespective of caste.
Location: Vaikom, a town in present-day Kottayam district, Kerala.
Issue: The temple roads around the Vaikom Mahadeva Temple were restricted for use by upper-caste Hindus, denying access to lower-caste communities.
Larger Aim: Address caste-based discrimination and ensure equal rights in public spaces.
Key Events:
Start of the Movement (March 30, 1924):
Led by leaders of the Sree Narayana Dharma Paripalana (SNDP) movement inspired by Sree Narayana Guru’s philosophy of “One Caste, One Religion, One God for Man.”
Organized by leaders such as T.K. Madhavan, K. Kelappan, and A.K. Gopalan with support from the Indian National Congress.
Participation of Mahatma Gandhi: Gandhi advised the satyagrahis to adopt non-violence and resolve the issue through negotiations and public awareness.
Resolution: After prolonged protests, dialogues, and arrests of satyagrahis, partial success was achieved in 1925, with the opening of three out of four roads (except the eastern road) surrounding the temple to people of all castes.
Only in 1936, after the Temple Entry Proclamation, was access to the eastern road and entry into the temple allowed to the lower castes.
Source: Statesman
DISEASE X
Syllabus:
Prelims – SCIENCE & TECHNOLOGY
Context: The recent outbreak reported in the first week of December 2024 in the Democratic Republic of Congo, which has claimed over 400 lives and remains unclassified, has raised concerns that it could be an instance of Disease X.
Background:
While investigations continue to determine the cause in Congo, the outbreak underscores the importance of Disease X.
Key Concerns:
Disease X is not an actual but a hypothetical disease or in other words, disease X is not a specific illness but a placeholder for an unpredictable and as-yet-undiscovered pathogen capable of sparking a global health crisis.
The World Health Organization (WHO) coined the term in 2018.
It was conceptualised by the WHO to prepare for future outbreaks that are difficult to predict or identify.
COVID-19 is widely regarded as the first instance of a real Disease X. When SARS-CoV-2 emerged as an unknown pathogen causing a global pandemic, it exemplified the scenario that Disease X was meant to represent — an unpredictable, novel threat requiring rapid global response and adaptation.
Forecasting the next Disease X is daunting, as its emergence depends on numerous unpredictable factors. Zoonotic diseases are the most likely source, given their history of driving major epidemics. However, other scenarios, such as pathogens mutating to evade treatment, laboratory mishaps, or deliberate biological attacks, cannot be ruled out.
Source: The Hindu
BEIJING’S WAR AGAINST AIR POLLUTION
Syllabus:
Mains – GS 2 & GS 3
Context: Beijing, with a yearly average air quality index (AQI) of 144, was as polluted in 2015 as Delhi is today (Delhi’s average is 155 for 2024). But in the interim, Beijing has managed to cut its pollution level by one-third with the most significant fall spanning between 2013 and 2017.
Background: –
Beijing is the capital of an emerging economy, as is Delhi. So, if Beijing could manage what it did at its stage of development, Delhi could and needs to, as well.
Similarities between Beijing and Delhi:
Rapid Urbanization and Economic Growth: Both cities have experienced rapid industrialization and urbanization, leading to increased emissions.
Heavy Reliance on Fossil Fuels: Both cities heavily rely on fossil fuels for energy generation and transportation, contributing to air pollution.
Regional Impact: Both cities are influenced by regional pollution sources, particularly during winter months.
Beijing’s Successful Strategies:
Long-Term Planning and Implementation: Beijing’s 20-year anti-pollution programme can be divided into three phases — 1998-2008; 2009-12; 2013-17. It was not shock-and-awe approach but a careful and slowly built-up plan with people’s participation, run by the local government of Beijing.
Targeted Pollution Sources: Sources of pollution in Beijing were broadly identified as energy structures and coal combustion, transportation structures, and construction and industrial structures.
For the first source, three steps were taken — ultra-low emission renovation and clean energy alternatives in power plants, renovation of coal-fired boilers, and elimination of coal consumption used for residential heating.
For transportation infrastructure, the government first retrofitted cars and public service vehicles with diesel particulate filters (DPF) and gradually tightened emission standards. Then it went for scrapping, through subsidies. Subway and bus infrastructure was overhauled and expanded along with optimising the urban layout.
As for the industrial and construction activities, tightening environmental requirements, intensifying end-of-pipe (EOP) treatment, eliminating obsolete industrial capacity, creating a green construction management model, efficient washing facilities, and implementing video monitoring with penal action against violators were some steps taken.
The last leg of the plan (2013-17) especially focused on the need for regional cooperation, with five adjoining provinces around Beijing coming together for reducing pollution in the region.
Lessons for Delhi:
Strong Political Will and Leadership: A strong commitment from the government is crucial to implement and enforce effective policies.
Since private transport is a big contributor to pollution, an efficient and comfortable bus-metro integrated transport system needs to be in place. Delhi’s DTC bus fleet is not only old but also inadequate for population size. The metro has almost zero last-mile connectivity.
Old vehicles need to be scrapped at the earliest through a well-thought-out subsidy-for-scrap programme.
Exclusive cycling and walking lanes should be built. Other ideas, such as cross-subsidisation through affordable public transport and expensive private transport using congestion or high parking charges, as well as separate fuel costs for the two modes of transport, could be experimented with.
An urban layout is needed where places of work and residence are brought closer, alleviating the need for long travel.
Delhi’s electricity is supplied primarily through coal fired plants. This need overhaul both from supply and demand side. Subsiding solar roof tops and connecting it to the grid with electricity bill discounts could be one step.
Much like the Beijing plan, Delhi needs to coordinate with neighbouring regions to control other sources which originate in these regions.
Source: The Hindu
CESS AND SURCHARGE
Syllabus:
Prelims – ECONOMY
Context: Arvind Panagariya, Chairman, 16th Finance Commission, termed the grievance of States regarding the Centre’s increasing reliance on cesses and surcharges as a “complicated issue.”
Background: –
While it was a worrisome factor for many States, it was also, “in a way,” the Centre’s response to the reduction of its own fiscal space due to the increase in the share of States in the divisible tax pool over the years, Aravind Panagariya said.
Key takeaways
Cess
Definition: A cess is a tax levied by the government for a specific purpose, such as education, health, or infrastructure development.
Key Features:
Earmarked Purpose: The revenue collected from a cess is meant to be used exclusively for the purpose for which it is levied (e.g., Education Cess for funding education).
Temporary Nature: Cess is usually imposed for a limited duration until the specific purpose is fulfilled.
No Sharing with States: Unlike regular taxes under divisible pool arrangements, cess collections are not shared with states; the Union government retains the entire amount.
Article 270 of the Constitution allows cess to be excluded from the purview of the divisible pool of taxes that the Union government must share with the States.
Examples of Cess:
Health and Education Cess
Infrastructure Cess
Surcharge
Definition: A surcharge is an additional charge or tax applied on an existing tax.It is usually imposed on individuals/entities earning higher income or engaging in certain high-value transactions.
Key Features:
No Earmarked Purpose: Unlike cess, the revenue from surcharge can be used for any purpose as deemed fit by the government.
Progressive Taxation Tool: Surcharges target high-income groups or high-value transactions, promoting equity in taxation.
No Sharing with States: The revenue from surcharge is entirely retained by the Union government.
Examples of Surcharge:
Surcharge on Income Tax for individuals earning above ₹50 lakh.
Constitutional Provision: Empowered by Article 271 of the Constitution.
Source: The Hindu
Practice MCQs
Daily Practice MCQs
Q1.) With reference to Disease X, consider the following statements:
Disease X is a hypothetical term used by the World Health Organization (WHO) to represent an unpredictable and unknown pathogen.
Zoonotic diseases are the only source of potential Disease X outbreaks.
COVID-19 is widely regarded as the first real instance of Disease X.
Which of the statements given above is/are correct?
(a) 1 and 3 only
(b) 2 only
(c) 1, 2, and 3
(d) 1 only
Q2.) With reference to the Vaikom Satyagraha, consider the following statements:
The movement was aimed at ensuring temple entry rights for all castes.
It was led by the Indian National Congress leaders without any involvement of local social reform movements.
The final resolution of complete access to the temple roads and entry was achieved only after the Temple Entry Proclamation of 1936.
Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 1 and 3 only
(c) 2 and 3 only
(d) 1, 2, and 3
Q3.) Which of the following statements is correct regarding ‘Cess’ and ‘Surcharge’ in India?
Cess is levied for a specific purpose, while surcharge is imposed for general revenue purposes.
Both cess and surcharge are part of the divisible pool of taxes shared with the states.
Options:
(a) Only 1
(b) Only 2
(c) Both 1 and 2
(d) Neither 1 nor 2
Comment the answers to the above questions in the comment section below!!
ANSWERS FOR ’ Today’s – Daily Practice MCQs’ will be updated along with tomorrow’s Daily Current Affairs
ANSWERS FOR 12th December – Daily Practice MCQs
Answers- Daily Practice MCQs
Q.1) – b
Q.2) – b
Q.3) – b
