Weekly Current Affairs (1st to 7th November 2022) - 2 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

International Day for Biosphere Reserves

Context: From 2022 onwards, 3rd November will be celebrated as 'The International Day for Biosphere Reserves'.

What are Biosphere Reserves (BR)?

About:

• BR is an international designation by (UNESCO) for representative parts of natural and cultural landscapes extending over large areas of terrestrial or coastal/marine ecosystems or a combination of both.
• BR tries to balance economic and social development and maintenance of associated cultural values along with the preservation of nature.
• BRs are nominated by national governments and remain under the sovereign jurisdiction of the states where they are located.
• These are designated under the intergovernmental Man and the Biosphere (MAB) Programme by the Director-General of UNESCO following the decisions of the MAB International Coordinating Council (MAB ICC).
  • The MAB Programme is an intergovernmental scientific programme that aims to establish a scientific basis for enhancing the relationship between people and their environments.
• Their status is internationally recognized.

Three Main Zones:

• Core Areas: It comprises a strictly protected zone that contributes to the conservation of landscapes, ecosystems, species and genetic variation.
• Buffer Zones: It surrounds or adjoins the core area(s), and is used for activities compatible with sound ecological practices that can reinforce scientific research, monitoring, training and education.
• Transition Area: The transition area is where communities foster socio-culturally and ecologically sustainable economic and human activities.

What is the Status of Biosphere Reserves in India/World?

In India:

• India at present has 18 notified biosphere reserves spanning 60,000 sq km.
• The first biosphere reserve in India was the blue mountains of the Nilgiris stretching over Tamil Nadu, Karnataka and Kerala.
• The largest biosphere reserve is the Gulf of Kachchh (Gujarat) and the smallest is Dibru-Saikhowa (Assam).
• Other bigger biosphere reserves are the Gulf of Mannar (Tamil Nadu), Sunderbans (West Bengal), and Cold Desert (Himachal Pradesh).
  

Around the World:

• About: There are 738 biosphere reserves in 134 countries, including 22 transboundary sites, according to UNESCO.
• Region-Wise: The highest number of reserves are in Europe and North America followed by Asia and the Pacific, Latin America and the Caribbean, Africa and Arab states. In South Asia, over 30 biosphere reserves have been established. The first one was the Hurulu Biosphere Reserve, in Sri Lanka, with 25,500 hectares of tropical dry evergreen forest. Bangladesh, Bhutan, and Nepal do not have biospheres as yet.
• Country-Wise: The highest number of such sites are in Spain, Russia and Mexico. 
• World’s First 5-country Biosphere Reserve: Stretching across Austria, Slovenia, Croatia, Hungary and Serbia, the world’s first 5-country biosphere reserve, which has been declared by UNESCO in September 2021 covers 700 km of the Mura, Drava and Danube rivers. It is Europe's largest riverine protected area, covering almost 1 million hectares, and known as the 'Amazon of Europe'.
  

Way Forward

• Land rights of tribals which depend on the forest resources in transition areas must be secured.
• Munnar declaration which suggests that biosphere reserves can be carved out of the desert and Gangetic plain bio-geographic zones should also be implemented.
• As the biosphere reserve concept was aimed at sustainable development, the term, reserve, should be replaced with a suitable word.
• The government must take strict steps against alien species invading various biosphere reserves e.g., Nilgiri Biosphere Reserve.

Removal of Governor

Context: Recently, a political party called for a proposal to remove the Tamil Nadu Governor.

• In recent years, the bitterness between states and Governors has been largely about the selection of the party to form a government, deadline for proving majority, sitting on Bills, and passing negative remarks on the state administration
• Due to this, Governor is referred to with negative terms like an agent of the Centre, Puppet and rubber stamps.

How can the Governor be Removed?

• Under Article 155 and 156 of the Constitution, a Governor is appointed by the President and holds office “during the pleasure of the President”.
  • If this pleasure is withdrawn before completion of the five-year term, the Governor has to step down.
• As the President works on the aid and advice of the Prime Minister and the council of ministers, in effect, the Governor can be appointed and removed by the central government.

What Happens in case of Disagreements between the States and Governor?

• Constitutional Provisions: There are no provisions laid down in the Constitution for the manner in which the Governor and the state must engage publicly when there is a difference of opinion. The management of differences has traditionally been guided by respect for each other’s boundaries.
• Rulings by the Courts: Surya Narain Choudhary vs Union of India (1981): The Rajasthan High Court held that the pleasure of the President was not justiciable as the Governor had no security of tenure and can be removed at any time by the President withdrawing pleasure.
• BP Singhal vs Union of India (2010): The Supreme Court elaborated on the pleasure doctrine. It upheld that “no limitations or restrictions are placed on the ‘at pleasure’ doctrine”, but that “does not dispense with the need for a cause for withdrawal of the pleasure”. The Bench held that the court will presume that the President had “compelling and valid” reasons for the removal but if a sacked Governor comes to the court, the Centre will have to justify its decision.
• Recommendations by Various Commissions: Over the years, several panels and commissions have recommended reforms in how Governors are appointed and how they function. However, they were never made into law by Parliament.
• Sarkaria Commission (1988): It recommended that Governors are not sacked before completing their five-year tenure, except in “rare and compelling” circumstances. The procedure of removal must allow the Governors an opportunity to explain their conduct, and the central government must give fair consideration to such explanation. It was further recommended that Governors should be informed of the grounds of their removal.
• Venkatachaliah Commission (2002): It recommended that ordinarily Governors should be allowed to complete their five-year term. If they have to be removed before completion of their term, the central government should do so only after consultation with the Chief Minister.
• The Punchhi Commission (2010): It suggested the deletion of the phrase “during the pleasure of the President” from the Constitution, because a Governor should not be removed at the will of the central government. Instead, he or she should be removed only by a resolution of the state legislature.

Way Forward

• Strengthening of Federalism: In order to check misuse of the office of governor, there is a need to strengthen federal setup in India.
• In this regard, the Inter-State council and the role of Rajya Sabha as the chamber of federalism must be strengthened.
• Reform the Method of Appointment of Governor: The appointment can be made from a panel prepared by the state legislature and actual appointing authority should be the Inter-state Council, not the central government.
• Code of Conduct for Governor: This 'Code of Conduct' should lay down certain 'norms and principles' which should guide the exercise of the governor's 'discretion' and his powers which he is entitled to use and exercise on his judgement.

World Heritage Glaciers under Threat: UNESCO

Context: Recently, a study conducted by UNESCO (United Nations Educational, Scientific and Cultural Organization) has found that a third of the glaciers on the UNESCO World Heritage list is under threat, regardless of efforts to limit temperature increases.

• A glacier is a large, perennial accumulation of crystalline ice, snow, rock, sediment, and water that originates on land and moves down slope under the influence of its own weight and gravity. They are sensitive indicators of changing climate.

What are the Findings?

• Threat to Glaciers: 50 UNESCO World Heritage sites are home to glaciers, representing almost 10% of the Earth's total glacierized area. They include the highest (next to Mt Everest), the longest (in Alaska), and the last remaining glaciers in Africa. These glaciers have been retreating at an accelerated rate since 2000 due to CO2 emissions, which are warming temperatures. They are currently losing 58 billion tons of ice every year – equivalent to the combined annual water use of France and Spain – and are responsible for nearly 5% of observed global sea-level rise. The glaciers under threat are in Africa, Asia, Europe, Latin America, North America and Oceania.
  • Africa: All World Heritage sites in Africa will very likely be gone by 2050, including Kilimanjaro National Park and Mount Kenya.
  • Asia: Glaciers in Three Parallel Rivers of Yunnan Protected Areas (China) – highest mass loss relative to 2000 (57.2%) and also the fastest melting glacier on the List.
  • Europe: Glaciers in Pyrenees Mont Perdu (France, Spain) – very likely to disappear by 2050.
• Significance of Glaciers: Half of humanity depends directly or indirectly on glaciers as their water source for domestic use, agriculture, and power. Glaciers are also pillars of biodiversity, feeding many ecosystems. When glaciers melt rapidly, millions of people face water scarcity and the increased risk of natural disasters such as flooding, and millions more may be displaced by the resulting rise in sea levels.
• Suggestions: It is still possible to save the other two-thirds, if the rise in global temperatures did not exceed 1.5 degrees Celsius compared to the pre-industrial era. In addition to drastically reduced carbon emissions there is a need for the creation of a new international fund for glacier monitoring and preservation. Such a fund would support comprehensive research, promote exchange networks between all stakeholders and implement early warning and disaster risk reduction measures. There is an urgent need to cut greenhouse gas emissions and invest in nature-based solutions, which can help mitigate climate change and allow people to better adapt to its impacts.

What are UNESCO’s World Heritage Sites?

About:

• A World Heritage Site is a place that is listed by UNESCO for its special cultural or physical significance.
• The list of World Heritage Sites is maintained by the international 'World Heritage Programme', administered by the UNESCO World Heritage Committee.
• This is embodied in an international treaty called the Convention concerning the Protection of the World Cultural and Natural Heritage, adopted by UNESCO in 1972.

Sites:

• There are around 1,100 UNESCO listed sites across its 167 member countries.
• In 2021, ‘Liverpool — Maritime Mercantile City’ in the United Kingdom was deleted from the World Heritage List due to “the irreversible loss of attributes conveying the outstanding universal value of the property”.
• In 2007, the UNESCO panel delisted the Arabian Oryx Sanctuary in Oman after concerns over poaching and habitat degradation, and the Elbe Valley in Dresden, Germany, in 2009 after the construction of the Waldschloesschen road bridge across the Elbe River.

Sites in India:

• India is home to a total of 3691 monuments and sites. Of these 40 are designated as UNESCO World Heritage Sites.
• Including places like the Taj Mahal, Ajanta Caves and Ellora Caves. World Heritage Sites also include natural sites like the Kaziranga National Park in Assam.
  • Harappan city of Dholavira in Gujarat as India’s 40th world heritage site.
  • Ramappa Temple (Telangana) was India's 39th World Heritage Site.
  • Khangchendzonga National Park, Sikkim has been inscribed as India's first and the only “Mixed World Heritage Site”.
• In 2022, the Union Ministry of Culture nominated Sacred Ensembles of the Hoysalas temples for consideration as a World Heritage site for the year 2022-2023.

Voting Rights for Under trial Prisoners

Context: Recently, the Supreme Court has decided to examine a petition challenging a provision in the election law that imposes a blanket ban on under trials, persons confined in civil prisons and convicts serving their sentence in jails from casting their votes.

What are the Associated Implications?

• Disenfranchises a Large Segment of the Population: The latest National Crime Reports Bureau (NCRB) report of 2021 shows that a total of 5,54,034 prisoners were confined as on 31th December, 2021 in various jails across the country. The number of convicts, undertrial inmates and detenues were reported as 1,22,852, 4,27,165 and 3,470, respectively, accounting for 22.2%, 77.1% and 0.6% respectively at the end of 2021. There was a hike of 14.9% in the number of undertrial prisoners from 2020 to 2021.
• Undermine Respect for Law and Democracy: Denying penitentiary (a prison) inmates the right to vote is more likely to send messages that undermine respect for the law and democracy than messages that enhance those values.
• Deprive from Right: Denying the right to vote does not comply with the requirements for legitimate punishment. If a convicted person can vote if she is out on bail, why is the same right denied to an under trial who is not yet found guilty of a crime by a court of law.Even a judgment-debtor (a person who has not paid his debt despite a court verdict) who has been arrested and detained as a civil person is deprived of her right to vote. Detainment in civil prisons is unlike imprisonment for crimes.
• Lacks Reasonable Classification: The ban lacks reasonable classification based on the nature of the crime or duration of the sentence imposed unlike in countries like South Africa, United Kingdom, France, Germany, Greece, Canada, etc. This lack of classification is anathema to the fundamental right to equality under Article 14 (right to equality).

What are the Provisions related to Prisoners’ right to cast their vote?

• The right to vote is a constitutional right under Article 326 of the Constitution.
• Under Section 62(5) of the Representation of the People Act, 1951, individuals in the lawful custody of the police and those serving a sentence of imprisonment after conviction cannot vote. Undertrial prisoners are also excluded from participating in elections even if their names are on the electoral rolls.
• Only those under preventive detention can cast their vote through postal ballots.

Collegium System

Context: Recently, the Union minister of Law and Justice criticized the Supreme Court Collegium system, saying that judges only recommend the appointment or elevation of those they know and not always the fittest person for the job.

• Articles 124(2) and 217 of the Indian Constitution deal with the appointment of judges to the Supreme Court and High Courts .

What is a Collegium System and How Did It Evolve?

About:

• It is the system of appointment and transfer of judges that has evolved through judgments of the SC, and not by an Act of Parliament or by a provision of the Constitution.

Evolution of the System:

• First Judges Case (1981): It declared that the “primacy” of the CJI’s (Chief Justice of India) recommendation on judicial appointments and transfers can be refused for “cogent reasons.” The ruling gave the Executive primacy over the Judiciary in judicial appointments for the next 12 years.
• Second Judges Case (1993): SC introduced the Collegium system, holding that “consultation” really meant “concurrence”. It added that it was not the CJI’s individual opinion, but an institutional opinion formed in consultation with the two senior-most judges in the SC.
• Third Judges Case (1998): SC on the President's reference (Article 143) expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues.

Who Heads the Collegium System?

• The SC collegium is headed by the CJI (Chief Justice of India) and comprises four other senior most judges of the court.
• A High Court collegium is led by the incumbent Chief Justice and two other senior most judges of that court.
• Judges of the higher judiciary are appointed only through the collegium system and the government has a role only after names have been decided by the collegium.

What are the Procedures for Judicial Appointments?

• For CJI: The President of India appoints the CJI and the other SC judges. As far as the CJI is concerned, the outgoing CJI recommends his successor. In practice, it has been strictly by seniority ever since the supersession controversy of the 1970s.
• For SC Judges: For other judges of the SC, the proposal is initiated by the CJI. The CJI consults the rest of the Collegium members, as well as the senior-most judge of the court hailing from the High Court to which the recommended person belongs.The consultees must record their opinions in writing and it should form part of the file. The Collegium sends the recommendation to the Law Minister, who forwards it to the Prime Minister to advise the President.
• For Chief Justice of High Courts: The Chief Justice of the High Court is appointed as per the policy of having Chief Justices from outside the respective States. The Collegium takes the call on the elevation. High Court judges are recommended by a Collegium comprising the CJI and two senior-most judges. The proposal, however, is initiated by the outgoing Chief Justice of the High Court concerned in consultation with two senior-most colleagues. The recommendation is sent to the Chief Minister, who advises the Governor to send the proposal to the Union Law Minister.

What are the Issues Related to the Collegium System?

• Exclusion of Executive: The complete exclusion of the executive from the judicial appointment process created a system where a few judges appoint the rest in complete secrecy. Also, they are not accountable to any administrative body that may lead to the wrong choice of the candidate while overlooking the right candidate.
• Chances of Favouritism and Nepotism: The collegium system does not provide any specific criteria for testing the candidate for the post of CJI because of which it leads to wide scope for nepotism and favouritism. It gives rise to non-transparency of the judicial system, which is very harmful for the regulation of law and order in the country.
• Against the Principle of Checks and Balances: The principle of check and balance is violated in this system. In India, three organs work partially independently but they keep check and balance and control on the excessive powers of any organ. However, the collegium system gives Judiciary immense power, which leaves little room for checks and poses the risk of misuse.
• Close-Door Mechanism: Critics have pointed out that this system does not involve any official secretariat. It is seen as a closed-door affair with no public knowledge of how and when a collegium meets, and how it takes its decisions. Also, there are no official minutes of collegium proceedings.
• Unequal Representation: The other area of concern is the composition of the higher judiciary, women are fairly underrepresented in the higher judiciary.

What were Attempts to reform the Appointment System?

• The attempt made to replace it by a ‘National Judicial Appointments Commission’ (through Ninety-ninth Amendment Act, 2014) was struck down by the court in 2015 on the ground that it posed a threat to the independence of the judiciary.

Way Forward

• Filling up of vacancies is a continuous and collaborative process involving the executive and the judiciary, and there cannot be a time frame for it. However, it is time to think of a permanent, independent body to institutionalise the process with adequate safeguards to preserve the judiciary’s independence guaranteeing judicial primacy but not judicial exclusivity.
• It should ensure independence, reflect diversity, demonstrate professional competence and integrity.