InstaLinks : help you think beyond the issue but relevant to the issue from UPSC prelims and Mains exam point of view. These linkages provided in this ‘hint’ format help you frame possible questions ina your mind that might arise(or an examiner might imagine) from each current event. InstaLinks also connect every issue to their static or theoretical background. This helps you study a topic holistically and add new dimensions to every current event to help you think analytically
Table of Contents:
GS Paper 2:
- Regional Benches of the Supreme Court
Content For Mains Enrichment (CME)
- Equal Opportunities Policy for Transgender Persons
Facts for Prelims (FFP)
- Makha Bucha
- Badami Chalukya temples
- Potash derived from molasses
- Energy Charter Treaty
- Indian Gharial
- Kala Azar
- Guinea worm disease
Mapping
- Badwater Basin in Death Valley (USA)
Regional Benches of the Supreme Court
GS Paper 2
Syllabus: Indian Judiciary
Source: TH
Context: LawMinistry has endorsed the proposal to establish regional benches of the Supreme Court throughout India. Previously, the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice had proposed regional benches for the Supreme Court nationwide.
- The apex court has consistently opposed the notion, citing ongoing legal considerations.
What are the Regional Benches of the Supreme Court?
Regional Benches of the Supreme Court are proposed branches of the apex court established in various parts of the country to decentralize judicial authority and increase accessibility to justice.
The need for regional benches of the Supreme Court arises from:
- Backlog in the judicial system: There is a significant backlog of cases, with over 80,000 cases awaiting resolution before the 34 judges of the Supreme Court.
- The strain on existing judicial infrastructure: The backlog highlights the strain on the existing judicial infrastructure
- Efficiency and streamlining: A more efficient and streamlined legal process is required to address the backlog and ensure timely resolution of cases.
- Distribution of workload: Regional benches can help distribute the workload more evenly across the country, reducing the burden on the main Supreme Court in Delhi.
- Accessibility to justice: Regional benches can improve accessibility to justice for litigants from different parts of the country, especially those who face challenges in travelling to Delhi for legal proceedings.
- Reduction of travel and expenses: Litigants and legal professionals would benefit from reduced travel and associated expenses by having access to justice closer to their location.
- Enhanced Focus on Constitutional Matters: With the main bench in New Delhi exclusively addressing constitutional issues, regional benches could specialize in handling appellate cases, allowing for more informed decisions.
- Improved Judicial Effectiveness: Judges familiar with regional contexts at regional benches could deliver more relevant and effective judgments, leading to quicker decision-making.
- Greater Opportunities: Establishing regional benches could promote the development of legal infrastructure and expertise across the country, empowering local legal professionals and democratizing the Bar.
Viewpoints from legal experts on regional benches:
| Legal Position | Details |
| Article 130 | Article 130 states that the Supreme Court shall sit in Delhi or in such other place or places as the Chief Justice of India (CJI) may, with the approval of the President, appoint from time to time. |
| Law Commission Report | The 229th Law Commission Report (2009) recommended the establishment of four regional benches in Delhi, Chennai or Hyderabad, Kolkata, and Mumbai to hear non-constitutional issues, aiming to enhance accessibility to justice. |
| Bar Councils | In July 2021, Bar Councils in southern India submitted a representation to the Chief Justice of India, advocating for the establishment of a Supreme Court bench in the region to improve access to justice for people residing in the south. |
| Parliamentary Standing Committee Report | The Parliament Standing Committee on Personnel, Public Grievances, Law and Justice endorsed the establishment of regional benches of the Supreme Court, aligning with the recommendations of the 229th Law Commission Report, to address accessibility issues and decentralize judicial authority. |
| Chief Justices of India | Historically, no Chief Justice of India (CJI) has supported convening the Supreme Court outside of Delhi, expressing concerns that regional benches could potentially undermine the prestige of the apex court. |
Argument Against Regional Benches of SC:
| Argument Against | Details |
| Fragmentation of Jurisprudence | Regional benches may lead to divergent interpretations of laws and legal principles, resulting in inconsistencies in judicial decisions across different regions e.g., former Chief Justice of India (CJI) K.G. Balakrishnan that regional benches could lead to the disintegration of the institution. |
| Increased Litigation | Regional benches may encourage forum-shopping litigation as litigants seek favourable outcomes from perceived sympathetic benches, potentially leading to increased frivolous litigation. |
| Potential Bias and Influence | Concerns exist about the potential for regional biases or political influence to impact judicial decisions at regional benches, particularly in areas with strong local interests or political pressures. |
| Increased Expenditure | Establishing and maintaining regional benches would require significant financial resources and investment in infrastructure, which could strain already limited judicial budgets and resources. |
| Dilution of the Supreme Court’s Authority | Regional benches may overshadow or weaken the central authority of the Supreme Court, potentially diminishing its national stature and impact. |
| Confusion about which bench to approach for specific cases could arise, creating complexities in navigating the legal system. |
What should be the way forward:
- Consider Alternative Structures: Explore the establishment of a separate Court of Appeal instead of regional benches, as recommended by the Law Commission.
- Reform High Courts: Focus on reforming High Courts to scrutinize petitions admitted to the Supreme Court, reducing the need for regional branches.
- National Court of Appeal for SLPs: Establish a National Court of Appeal to handle Special Leave Petitions, allowing the Supreme Court to focus on constitutional and public law matters.
- Increase Working Days: Increase the number of working days for the Supreme Court and reduce vacation periods to tackle the backlog of cases.
- Strengthen Infrastructure: Prioritize modernizing existing judicial infrastructure, including High Courts and district courts, to improve access to justice.
- Feasibility Studies and Pilot Projects: Conduct feasibility studies and pilot projects to assess the benefits and challenges of regional benches, considering legal, logistical, and financial aspects.
- Retain Exclusive Powers: Retain exclusive powers of the Supreme Court, ensuring its authority in original, advisory, and writ jurisdictions remains intact.
- Utilize Technology: Embrace technology such as video conferencing and virtual courtrooms to enhance access to justice, especially in remote areas.
International Experience:
Many countries around the world have instituted Courts of Cassation that decide cases involving non-constitutional disputes and appeals from the lower level of courts. These are courts of last resort that have the power to reverse decisions of lower courts. (Cassation: annulment, cancellation, reversal).
Insta links:
The idea of regional Supreme Court Benches, and ‘divisions’ of the top court
Mains Links:
Critically examine the Supreme Court’s judgement on the ‘National Judicial Appointments Commission Act, 2014’ with reference to the appointment of judges of higher judiciary in India. (UPSC 2017)
Prelims Links:
With reference to the Indian judiciary, consider the following statements: (UPSC 2021)
- Any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with the prior permission of the President of India.
- A High Court in India has the power to review its own judgement as the Supreme Court does.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither I nor 2
Ans: C
Equal Opportunities Policy for Transgender Persons
Content For Mains Enrichment (CME)
Source: ET
Context: The Ministry of Social Justice and Empowerment has introduced India’s First Equal Opportunities Policy for Transgender Persons, aimed at fostering a workplace environment devoid of discrimination, harassment, and bias.
Key highlights of the Policy:
| Highlights | Details |
| The policy aligns with the Transgender Persons (Protection of Rights) Rules 2020 and Transgender Persons (Protection of Rights) Act, 2019. It allows transgender individuals to choose their pronouns, gender, and preferred names, which must be respected in all official communications. It emphasizes confidentiality regarding gender identity and prohibits disclosure without consent. Bullying based on gender identity is strictly prohibited. | |
| Scope | Applicable to all employees of MoSJE and its operations. |
| Acts as a guiding document for business partner workforce, interns, trainees, etc. | |
| Objective | To create an atmosphere ensuring fair treatment of transgender individuals, free from discrimination, harassment, and bias, while establishing a robust grievance redress mechanism. |
| Policy Statements | Non-discrimination and enabling work environment: Prohibits discrimination based on gender identity in recruitment, appointment, promotion, etc. |
| Privacy and Confidentiality: Non-disclosure of gender identity without explicit consent. | |
| Access to Facilities: Ensure infrastructure facilities (such as Unisex toilets) and amenities (such as hygiene products) are provided to transgender persons. | |
| Grievance Redressal Mechanism: To redress instances of experienced discrimination or harassment based on gender identity. |
Makha Bucha
Facts for Prelims (FFP)
Source: PIB
Context: On Makha Bucha, nearly 100,000 devotees in Bangkok paid homage to the Sacred Relics of Lord Buddha and his two disciples, Arahata Sariputra and Arahata Maudgalyayana.
Arahata Sariputra and Arahata Maudgalyayana are two of the Buddha’s most important disciples. They are often depicted together in Buddhist art, with Sariputra on the Buddha’s right and Maudgalyayana on his left.
- These relics were brought from India.
- The four Holy Piparahwa Relics were enshrined at the specially built Pagoda in the Sanam Luang Pavilion in Bangkok on February 23rd for public veneration.
Makha Bucha, also known as Māgha Pūjā, is a Buddhist holiday that marks a three-day period and is celebrated in many countries, including Thailand, Cambodia, Myanmar, and Sri Lanka.
Makha Bucha Day is a significant Buddhist holiday that commemorates the “fourfold assembly of 1,250 enlightened monks” that took place over 2,500 years ago. The meeting is known as the Chaturangasannibat, or the Fourfold Assembly, and is considered a religious miracle in Buddhist lore.
Badami Chalukya temples
Facts for Prelims (FFP)
Source: TOI
Context: Two Badami Chalukya temples, estimated to be 1,300-1,500 years old, along with a 1,200-year-old label inscription, were recently discovered in Mudimanikyam village on the banks of the Krishna River.
- The Badami Chalukyas, established by Pulakesi I in 550 AD, ruled from Badami (Vatapi) in Karnataka.
- They were known for their unique Vesara style of architecture, a blend of South Indian and North Indian styles, seen in monuments like the rock-cut temples of Pattadakal, Badami, and Aihole.
Potash derived from molasses
Facts for Prelims (FFP)
Source: Economic Times
Context: Sugar mills in India are now permitted to sell Potash Derived from Molasses (PDM) to fertilizer companies, offering them an additional revenue source.
- PDM contains 5% potash content and can be sold at a price of Rs 4,263 per tonne, allowing sugar mills to potentially manufacture 10-12 LMT of potash over the next three years.
- PDM is derived from ash in molasses-based distilleries, a by-product of the sugar-based ethanol industry, and can be used as a potassium-rich fertilizer alternative to Muriate of Potash (MOP).
This initiative aims to reduce India’s dependency on imported potash fertilizers.
Potash is a common name for a group of minerals and chemicals that contain potassium. Potassium is a basic nutrient for plants and an important ingredient in fertilizer.
Energy Charter Treaty
Facts for Prelims (FFP)
Source: Economic Times
Context: The UK, along with France, Germany, Spain, and the Netherlands, is withdrawing from the Energy Charter Treaty, which allows fossil fuel companies to sue governments over climate policies.
- This decision follows failed negotiations to modernize the treaty.
About The Energy Charter Treaty:
- The Energy Charter Treaty (ECT) is an international agreement that establishes a framework for cross-border cooperation in the energy industry. It was founded in 1991 and covers all aspects of commercial energy activities, including trade, transit, investments, and energy efficiency.
- The ECT’s purpose is to promote long-term cooperation in the energy field, based on complementarities and mutual benefits.
- It provides its member states with a unique legal framework for cooperation through its comprehensive provisions on investment protection and technology transfer.
- The ECT also aims to protect foreign investments in energy and allows foreign investors to claim compensation through arbitration for unfair losses due to government regulation.
Indian Gharial
Facts for Prelims (FFP)
Source: TOI
Context: The Indian Gharial, a critically endangered crocodile species, has been sighted in the Greater Kaziranga landscape for the third consecutive year.
- Kaziranga’s abundance of freshwater fish species makes it one of the best habitats for gharials.
The Indian gharial, also known as the fish-eating crocodile or gavial, is a crocodilian that lives in the Indian Subcontinent. It is one of the largest crocodilians.
The gharial has a uniquely long and thin snout, with a large bulb at the tip called the “ghara”.
The gharial is the most aquatic of all crocodilians, as it never moves far from the water.
India has three species of Crocodilians namely:
- Gharial (Gavialis gangeticus): IUCN Red List- Critically Endangered
- Mugger crocodile (Crocodylus palustris): IUCN- Vulnerable.
- Saltwater crocodile (Crocodylus porosus): IUCN- Least Concern.
All three are listed on Appendix I of CITES and Schedule I of the Wild Life (Protection) Act, 1972.
Kala Azar
Facts for Prelims (FFP)
Source: IE
Context: India achieved a significant milestone in the fight against Kala Azar in 2023 by reporting less than one case per 10,000 population across all blocks, marking the first time it met its elimination target.
- The National Vector Borne Disease Control Programme reported 595 cases and four deaths in 2023, down from 891 cases and three deaths in 2022.
To receive World Health Organization (WHO) certification, India must sustain this momentum for the next three years.
Kala-azar, also known as visceral leishmaniasis, is a disease characterized by a slow progression caused by a protozoan parasite of the genus Leishmania.
The term “kala-azar” originates from India, meaning “black disease,” referring to the dark discolouration of the skin during infection.
In India, Leishmania donovani is the primary parasite causing this disease. The parasite predominantly infects the reticuloendothelial system and is commonly found in high concentrations in the bone marrow, spleen, and liver.
Post Kala-azar Dermal Leishmaniasis (PKDL) is a condition where the parasite invades skin cells, leading to dermal lesions.
Guinea worm disease
Facts for Prelims (FFP)
Source: TH
Context: Guinea worm disease, caused by the Guinea worm, is on the verge of eradication globally, with only six cases reported in 2023.
- The infection cycle involves excruciating symptoms, including painful skin lesions and ulcers, primarily affecting the legs.
- India successfully eliminated the disease in the late 1990s through a comprehensive strategy focusing on water safety interventions and community education.
Guinea worm disease (GWD), is a parasitic infection caused by the Dracunculus medinensis parasite. GWD is spread by drinking water containing guinea worm larvae, which are immature forms of the worm.
GWD is a neglected tropical disease (NTD) that mainly affects people in rural, isolated, and deprived communities who rely on stagnant surface water sources like ponds for drinking water.
GWD has historically been considered an anthroponosis, or infectious disease that only affects humans. However, it is now considered a zoonosis because several mammals, mainly dogs, act as reservoirs of the disease in several African countries.
Badwater Basin in Death Valley (USA)
Mapping
Source: DTE
Context: NASA images show Badwater Basin in Death Valley, North America’s driest place, hosting a lake for 6 months due to increased precipitation since August 2023.
About Badwater Basin in Death Valley National Park, California:
It is North America’s and the United States’ lowest point, reaching 282 ft (86 m) below sea level. It features a spring-fed pool of “bad water,” surrounded by salt flats, making the water undrinkable. Despite its inhospitable conditions, the pool sustains some animal and plant life. Named after its brackish pool, Badwater Basin was once believed to be the lowest spot in the Western Hemisphere until Laguna del Carbón in Argentina was discovered. Additionally, the Badwater crater on Mars shares similarities with this terrestrial basin.
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