News: The government is learnt to have cleared all nine names recommended by the Supreme Court Collegium, led by Chief Justice of India N.V. Ramana, for appointments as judges of the top court.
About Collegium System:
Article 124(2):This article of the Indian Constitution reads that the Judges of the Supreme Court are appointed by the President after consultation with such a number of the Judges of the Supreme Court and of the High Courts in the States as the President may deem necessary for the purpose.
Article 217:Indian Constitution’s article states that the Judge of a High Court shall be appointed by the President consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court.
First Judges Cases (1981):
In this case, it was announced that the primacy of the Chief Justice of India (CJI)s recommendation on judicial appointments and transfers can be refused on logical reason basis.
The executive got primacy over the Judiciary for judicial appointments. This continued for the coming 12 years after that.
The case of Second Judges:
The case took place in 1993.
The Supreme court introduced a collegium system. It said that consultation meant concurrence in appointments.
After this, the CJIs individual opinion was not taken but an institutional opinion was formed after consulting two more senior-most judges of the Supreme Court.
The Third Judges case:
This happened in 1998.
After the President suggested, the Supreme Court expanded the collegium to a five-member body rather than 3. It included the Chief Justice of India along with 4 senior-most judges.
The High Court collegium is led by the Chief Justice there along with four other senior-most judges of the court.
The Collegium System is that under which appointments and promotion and transfer of the judges of the Supreme Court are decided by a forum which consists of the Chief Justice of India plus four of the senior-most judges of the Supreme Court.
No such mention (of the Collegium) has been made either in the original Constitution of India or in successive amendments.
Process for the appointment of Chief Justice of India:
It is the President of India, who appoints the CJI and the other judges in the Supreme Court.
It has been a practice that the exiting CJI would recommend his successor.
It is strictly a rule that the CJI would only be chosen on a seniority basis. This has happened after the controversy of 1970.
Process of appointment of the High Court:
The Chief Justice of the high court is appointed by the President in consultation with the Governor.
The collegium decides on the judge’s appointment and the proposal is sent to the chief minister, who would then advice the Governor and the proposal for appointment would be sent to the Law Minister in the Union Government.
The Collegium has to send it’s recommendations of lawyers or judges to the Central Government. Similarly, the Central Government also sends some of its proposed names to the Collegium.
The Central Government investigates the names and resends the file to the Collegium for reconsideration.
In case the collegium considers the names, suggestions that had been made by the Central Government, it resends the file to the government for final approval.
In such a case, the government has to give its assent to the names.
The only loophole is that the time limit is not fixed for the government to send its reply.
2. ONLINE GAMGLING
News: The Delhi High Court was informed by the Centre that online gambling was a State subject and the State governments have to make laws to regulate such activities.
The legislative competence to determine whether a game is a game of skill or a game of chance or is involved in gambling [played with stakes or not] is conferred on the States only or to the court of laws [which possess the judicial wisdom]
About Gambling in India:
Betting and gambling can be found in part II of the State list. They have been mentioned in detail in the seventh schedule of the Indian Constitution. In other words, this simply means that the state government can exercise full control over betting and gambling practices in their state. They can also formulate their state-specific laws. A good example of this is the choice given to most states for the adoption of the Public Gambling Act, 1976.
India mainly puts the games into two broad categories to differentiate them. The two categories are that game is either a Game of Chance or a Game of Skill.
Game of chance:Game of chance are all those games that are played randomly. These games are based on luck. A person can play these games without prior knowledge or understanding. For instance, dice games, picking a number, etc. Such games are considered illegal in India.
Game of skill: Game of skill are all those games that are played based on a person’s prior knowledge or experience of the game. A person will require skills such as analytical decision-making, logical thinking, capability, etc. Some games might also require some initial training to win. Such games are considered legal by most of the Indian states.
Also, if a gambling game requires a certain amount of skills, then it might not be considered illegal at all. However, a lot of bias revolves around such gambling games.
Legal position of gambling in India:
Horse racing and lotteries are legal in India. Horse racing involves some prior skills so it isn’t all about gambling
Several Indian states have legalized lotteries. These are Goa, Kerala, Arunachal Pradesh, Assam, Maharashtra, Madhya Pradesh, Mizoram, Manipur, Meghalaya, Punjab, Nagaland, West Bengal, and Sikkim
Online gambling and land-based casinos are legalized in Goa, Sikkim, Nagaland, and Daman under the Public Gambling Act, 1976
Maharashtra has prohibited gambling and considers gambling as illegal under the Bombay Prevention of Gambling Act, 1887
E-gaming (games of chance) has been legalized in Sikkim and Nagaland
Telangana and Arunachal Pradesh consider the game of skill as illegal as per the Telangana State Gaming Act, 1974
All India Gaming Federation, The Rummy Federation, and Federation of Indian Fantasy Sports have adopted a self-regulation code for all their advertisements.
News: The smog tower inaugurated by Chief Minister Arvind Kejriwal on Monday to fight air pollution will be functional after monsoon as the filters for it will be fitted only after the rainy season ends, a government official said.
Smog, or smoke fog, is a type of intense air pollution.
The word “smog” was coined in the early 20th century, and is a contraction (portmanteau) of the words smoke and fog to refer to smoky fog due to its opacity, and odor
his kind of visible air pollution is composed of nitrogen oxides, sulfur oxide, ozone, smoke and other particulates. Man-made smog is derived from coal combustion emissions, vehicular emissions, industrial emissions, forest and agricultural fires and photochemical reactions of these emissions.
Smog is often categorized as being either summer smog or winter smog. Summer smog is primarily associated with the photochemical formation of ozone.
During the summer season when the temperatures are warmer and there is more sunlight present, photochemical smog is the dominant type of smog formation.
During the winter months when the temperatures are colder, and atmospheric inversions are common, there is an increase in coal and other fossil fuel usage to heat homes and buildings.
Primary pollutants are emitted directly from a source, such as emissions of sulfur dioxide from coal combustion. Secondary pollutants, such as ozone, are formed when primary pollutants undergo chemical reactions in the atmosphere.
4. BAMAKO CONVENTION
News: The operator of the wrecked Fukushima nuclear power plant said on Wednesday it plans to build an undersea tunnel so that massive amounts of treated but still radioactive water can be released into the ocean about 1 km away from the plant to avoid interference with local fishing.
About Bamako Convention:
The Bamako Convention is a treaty of African nations prohibiting the import into Africa of any hazardous (including radioactive) waste. The convention came into force in 1998.
The Bamako convention is a response to Article 11 of the Basel convention which encourages parties to enter into bilateral, multilateral and regional agreements on Hazardous Waste to help achieve the objectives of the convention.
The Bamako convention uses a format and language similar to that of the Basel convention, except that: (a) it is much stronger in prohibiting all imports of hazardous waste, and (b) it does not make exceptions on certain hazardous wastes (like those for radioactive materials) made by the Basel convention.
Purpose of the Convention
To prohibit the import of all hazardous and radioactive wastes into the African continent for any reason;
To minimize and control transboundary movements of hazardous wastes within the African continent.
To prohibit all ocean and inland water dumping or incineration of hazardous wastes.
To ensure that disposal of wastes is conducted in an “environmentally sound manner”.
To promote cleaner production over the pursuit of a permissible emissions approach based on assimilative capacity assumptions