GS Analyst: Daily Current Affairs

Context:

As per the critics of the recent verdict on upholding the removal of Jammu and Kashmir’s special status and its downgrading, the Supreme Court of India has imperilled the Rights of States and weakened the limits on the Union’s power.

Judicial Deference and Federal Principles

• Supreme Court's Article 370 verdict: The judgment in favour endorses the 2019 move on Jammu and Kashmir's special status.
• Judicial Interpretations: Alarming interpretation allows irreversible actions under President's Rule, challenging constitutional procedures and federal principles.
• Threating Rights of locals: The Court's endorsement of government actions neglects historical context, potentially harming State rights and constitutional features.

Complex Process

• Government intervention: Government's multi-step process in 2019 aimed at removing J&K's special status and dividing it into Union Territories.
• Apex Court’s view: Court finds parts of the August 5 order unconstitutional but validates consequential notification, creating a peculiar legal outcome.
• Constitutional morality: Court argues for incremental application of the Indian Constitution, ignoring historical obligations and promises made during integration.

Threats

• Federalism and complexity: Court's failure to address the constitutionality of J&K's reorganization into two Union Territories is a glaring example of judicial evasion.
• New Legal orders: Upholding Ladakh's separation sets a precedent for creating new Union Territories out of parts of any State.
• Executives’ hold: Court's stance on unlimited President's power under President's Rule poses a significant threat to State powers and democratic processes.

Context:

Recently held COP28 and its outcomes define notions of world on saving environment with sustainable future and sharing responsibility.

Emissions Gap Report and Climate Goals

• UNEP's 14th Emissions Gap Report highlights the growing disparity between planned and necessary emission reductions.
• Earth's temperature rise, driven by greenhouse gases, exceeds 1°C pre-industrial levels, causing severe climate impacts globally.
• The report precedes COP28, emphasizing the urgent need for more effective global mitigation and adaptation measures.

Fossil Fuel Dependency

• Impacts: Fossil fuel burning, mainly for power and transport, drives CO2 emissions; renewable energy adoption is crucial for mitigation.
• Challenges: The industrial sector faces challenges in transitioning from fossil fuels due to the high-intensity heat required.
• Need to strategize:Developing countries lack funds for capital-intensive green initiatives, emphasizing the need for technology and financial support.

COP28 Outcomes

• Polluter Pays Principle: Developed nations, responsible for major emissions, must pay for damage and adhere to the "polluter pays" principle.
• Climate finance transfer to developing countries falls short; COP28 discussions include global stock take and loss and damage fund.
• On Loss and Damage Fund: Lack of consensus on the global stock take report remains a contentious issue; progress seen in operationalizing the loss and damage fund.

Context:

The House needs to have a robust procedure to determine lawmakers’ misconduct, violations of ethical norms.

LokSabha's Expulsion of MahuaMoitra

• Reason of Explusion: LokSabha expels MahuaMoitra based on alleged misconduct without allowing her a defense speech.
• Claims against the act: Moitra claims a lack of proof, calls it a witch hunt; opposition MPs walk out during the decision.
• Critique: The controversial process emphasizes the need for fair and transparent procedures in Parliament.

International Models for Ethical Oversight

• Advocating Fairness: US and UK employ independent offices for ethical oversight, investigating complaints and scrutinizing MPs' conduct.
• Official Intervention: High standards for removing a member in the US; UK maintains a public Register of Interests and an independent commissioner.
• Unilateral Expulsion: India's RajyaSabha has a defined code of conduct, while LokSabha lacks similar provisions for ethical oversight.

Robust Ethical Oversight

• Ethical Challenges: India's Provisional Parliament faced ethical challenges in 1951, urging the need for a code of conduct.
• Human interface and impacts: The importance of a robust procedure for determining MPs' misconduct, protecting legislative integrity.
• The Role of Fair Processes: A fair process ensures parliamentary dignity, upholding ethical norms, and addressing public apprehensions about legislative decisions.