UPSC Essentials: Key terms of the past week with MCQs

Why in news?

—Attorney General of India K K Venugopal has declined a request for consent to initiate criminal contempt of court proceedings against Senior Advocate and Member of Parliament Kapil Sibal for certain remarks that he made during a speech on the subject of “Judicial Rollback of Civil Liberties” on August 6.

Key takeaways

—The Cornell Law School’s Legal Information Institute defines contempt as “the disobedience of an order of a court” and, “also conduct tending to obstruct or interfere with the orderly administration of justice”.

—It is also understood to describe acts of defiance or disrespect of court orders or judges, and to ascribe motives to them.

—According to The Contempt of Courts Act, 1971, contempt of court can either be civil contempt or criminal contempt.

—Civil contempt means “wilful disobedience to any judgment, decree, direction, order, writ or other process of a court, or wilful breach of an undertaking given to a court”.

—Criminal contempt, on the other hand, is attracted by “the publication (whether by words, spoken or written, or by signs, or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever which:

(i) scandalises or tends to scandalise, or lowers or tends to lower the authority of, any court; or

(ii) prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or

(iii) interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner.”

—The Contempt of Courts Act, 1971, lays down the law on contempt of court. Section 15 of the legislation describes the procedure on how a case for contempt of court can be initiated.

—In the case of the Supreme Court, the Attorney General or the Solicitor General, and in the case of High Courts, the Advocate General, may bring in a motion before the court for initiating a case of criminal contempt.

—However, the motion can be brought by a private citizen as well — and in such a case, the consent of the Attorney General (or the Advocate General, as the case may be,) is required.

—The motion or reference made for initiating the case will have to specify the contempt of which the person charged is alleged to be guilty.

—The objective behind requiring the consent of the A-G before taking cognizance of a complaint is to save the time of the court. Judicial time is squandered if frivolous petitions are made and the court is the first forum for bringing them in.

—The A-G’s consent is meant to be a safeguard against frivolous petitions, as it is deemed that the A-G, as an officer of the court, will independently ascertain whether the complaint is indeed valid.

—If the court itself decides to bring a case of contempt, the A-G’s consent is not required. This is because the court is exercising its inherent powers under the Constitution to punish for contempt, and such Constitutional powers cannot be restricted because the A-G declined to grant consent.

—If the A-G denies consent (in the case of a private citizen), the matter all but ends. The law also has a limitation period of one year for bringing in action against an individual.

—The complainant can, however, separately bring the issue to the notice of the court and urge the court to take suo motu (on its own motion) cognizance. If the court does take suo motu cognizance, as it did in the case of Prashant Bhushan, the consent of the senior-most law officer is not required.

—Article 129 of the Constitution gives the Supreme Court the power to initiate contempt cases on its own, independent of the motion brought before it by the AG or with the consent of the AG.

—Once the A-G gives his consent in writing, a notice under The Contempt of Courts Act is served personally on the person against whom the proceedings are sought to be initiated by the court. If the court decides not to serve the notice personally, the law requires the court to record the reasons for it.

—If the court is satisfied that the alleged contemnor is likely to abscond or evade judicial proceedings, it can order attachment of property of a value that it deems reasonable.

—Once the notice is served, the alleged contemnor may file an affidavit in support of his defence, explaining the nature and circumstances of her remarks. The case is required under the Act to be heard by a Bench of at least two judges. The court then takes into account any evidence available to check the affidavit, and pass appropriate orders.

Point to ponder: Judiciary has great power, including power to punish for contempt. It must use it sparingly, softly. Discuss.

1. MCQ:

Which of the following statements is incorrect with respect to contempt of court?

a) Article 129 of the Constitution gives the Supreme Court the power to initiate contempt cases on its own.

b) If the court itself decides to bring a case of contempt, the A-G’s consent is not required.

c) According to The Contempt of Courts Act, 1971, contempt of court can either be civil contempt or criminal contempt.

d) The contempt law has no limitation period for bringing in action against an individual.

Climate repartation

Why in news?

—Facing the worst flooding disaster in its history, Pakistan has begun demanding reparations, or compensation, from the rich countries that are mainly responsible for causing climate change.

—In repeated public statements, Pakistan’s Minister for Climate Change, Sherry Rehman, has been saying that while her country makes a negligible contribution to global warming, it has been among the most vulnerable to climate change.

—The current floods have already claimed over 1,300 lives, and caused economic damage worth billions of dollars. Rich nations, Rehman has argued, owe reparations to countries like Pakistan for the consequences of climate change.

—On the face of it, Pakistan’s demand for reparations appears to be a long shot, but the principles being invoked are fairly well-established in environmental jurisprudence. In fact, Pakistan is not alone in making this demand.

—Almost the entire developing world, particularly the small island states, has for years been insisting on setting up an international mechanism for financial compensation for loss and damage caused by climate disasters.

—The issue has come up repeatedly at international climate change negotiations, and on other platforms.

Key takeaways

—At its heart, the demand for compensation for loss and damage from climate disasters is an extension of the universally acknowledged “Polluter Pays” principle that makes the polluter liable for paying not just for the cost of remedial action, but also for compensating the victims of environmental damage caused by their actions.

—In the climate change framework, the burden of responsibility falls on those rich countries that have contributed most of the greenhouse gas emissions since 1850, generally considered to be the beginning of the industrial age.

—The United States and the European Union, including the UK, account for over 50% of all emissions during this time. If Russia, Canada, Japan, and Australia too are included, the combined contribution goes past 65%, or almost two-thirds of all emissions.

—Historical responsibility is important because carbon dioxide remains in the atmosphere for hundreds of years, and it is the cumulative accumulation of this carbon dioxide that causes global warming. A country like India, currently the third largest emitter, accounts for only 3% of historical emissions. China, which is the world’s biggest emitter for over 15 years now, has contributed about 11% to total emissions since 1850.

—While the impact of climate change is global, it is much more severe on the poorer nations because of their geographical locations and weaker capacity to cope. This is what is giving rise to demands for loss and damage compensation. Countries that have had negligible contributions to historical emissions and have severe limitations of resources are the ones that face the most devastating impacts of climate change.

—The UN Framework Convention on Climate Change (UNFCCC), the 1994 international agreement that lays down the broad principles of the global effort to fight climate change, explicitly acknowledges this differentiated responsibility of nations. It makes it very clear that rich countries must provide both finance and technology to developing nations to help them tackle climate change. It is this mandate that later evolved into the $100 billion amount that the rich countries agreed to provide every year to the developing world.

—While this promise is yet to be met, this $100 billion per year amount is not meant for loss and damage. Climate disasters were not a regular occurrence in 1994, and as such the UNFCCC does not make a mention of loss and damage. This particular demand emerged much later, and faced stiff resistance from the developed nations.

—It was after much struggle that the developing countries and NGOs managed to establish a separate channel on loss and damages at international climate change negotiations. The Warsaw International Mechanism (WIM) for Loss and Damages, set up in 2013, was the first formal acknowledgment of the need to compensate developing countries struck by climate disasters.

—However, the progress on this front has been painfully slow. The discussions under WIM so far have focused mainly on enhancing knowledge and strengthening dialogue. No funding mechanism, or even a promise to provide funds, has come about. At last year’s climate conference in Glasgow, a three-year task force was set up to discuss a funding arrangement.

Point to ponder: How the monster flood in Pakistan is different from what India is experiencing?

2. MCQ:

Consider the following statements and answer the question below.

1. The Warsaw International Mechanism (WIM) for Loss and Damages was the first formal acknowledgment of the need to compensate developing countries struck by climate disasters.

2. The UN Framework Convention on Climate Change (UNFCCC) makes it very clear that rich countries must provide both finance and technology to developing nations to help them tackle climate change.

Which of the following statements is/are correct?

a) only 1

b) only 2

c) both 1 and 2

d) neither 1 nor 2

PM —SHRI

Why in news?

—Two days after Prime Minister Narendra Modi announced that 14,500 schools across India will be upgraded to showcase components of the National Education Policy (NEP), 2020, the Union Cabinet on Wednesday approved a new centrally sponsored scheme under which the initiative will be implemented.

Key takeaways

—According to the Ministry of Education, the scheme will be called PM SHRI Schools (PM Schools for Rising India). Under the scheme, 14,500 schools across India’s states and Union Territories will be redeveloped to reflect the key features of the NEP, 2020.

—The idea was first discussed with the Education Ministers of states and UTs during a conference organised by the Ministry of Education in June at Gandhinagar in Gujarat. Union Education Minister Dharmendra Pradhan said the Centre has held many rounds of discussions with the states on the implementation of the scheme. The idea of PM SHRI, he said, was to create a set of schools that would be able to act as “NEP labs”.

Key features of NEP

—The NEP for schools envisages a curricular structure and teaching style categorised in four stages: foundational, preparatory, middle, and secondary.

—According to the NEP, the foundational years (pre-school and grades I and II) should involve play-based learning. At the preparatory level (grades III-V), light textbooks are to be introduced along with some formal classroom teaching.

—Subject teachers are to be introduced at the middle level (grades VI-VIII). The secondary stage (grades IX-XII) will be multidisciplinary, with no hard separation between arts and sciences or other disciplines.

—It also proposed that board exams be held twice a year, including one for helping students to improve their scores, and that two types of papers on mathematics should be offered — a standard paper, and a different one to test higher levels of competency.

Centrally sponsored scheme

—A centrally sponsored scheme is one in which the cost of implementation is mostly split in a 60:40 ratio between the Union government and the states/UTs. The mid-day meal scheme (now PM Poshan) or the PM Awas Yojana are examples of centrally sponsored schemes.

—In the case of the Northeastern states, Himachal Pradesh, Uttarakhand, Jammu and Kashmir, and UTs without legislatures, the Centre’s contribution can go up to 90 per cent. PM SHRI will be implemented at a cost of Rs 27,360 crore over the next five years, in which the Centre’s share will be Rs 18,128 crore.

—Kendriya Vidyalayas (KVs) and Jawahar Navodaya Vidyalayas (JNVs) come entirely under the Centre’s Ministry of Education. They are fully funded by the Union government under central sector schemes. While KVs largely cater to children of central government employees posted in states and UTs, JNVs were set up to nurture talented students in rural parts of the country.

—PM SHRI schools will be an upgrade of existing schools run by the Centre, states, UTs, and local bodies. This essentially means that a PM SHRI school can be an upgraded KV, JNV, or even a school that is run by a state government or a municipal corporation.

—The PM SHRI scheme will be application-based, which means states will have to identify schools for upgradation under the scheme. Subsequently, schools will be required to self-apply online. The portal will be opened four times a year, once every quarter, for the first two years of the scheme.

—According to the selection methodology decided by the central government, states and UTs interested in getting included under the scheme will have to first agree to implement the NEP in its entirety. Also, only those schools that meet a certain benchmark will qualify — the qualification criteria will include around 60 parameters from the availability of electricity to toilets.

—In the third stage, teams of state government officials, KVs, and JNVs will verify the claims made by the applicant school through a physical inspection. “Maximum two schools (one Elementary & one Secondary/ Senior Secondary) would be selected per block/ ULB…” (urban local body) as per the plan. The final call will be taken by an expert committee.

—How PM SHRI schools will be different from existing government-run schools remains to be seen — however, as per the plan, the upgraded schools are expected to be superior in terms of infrastructure. They will be equipped with labs, smart classrooms, libraries, sports equipment, art room, etc., and shall also be developed as green schools with water conservation, waste recycling, energy-efficient infrastructure and integration of organic lifestyle in the curriculum. These schools will also “offer mentorship” to other schools in their vicinity.

—In terms of the quality of education, there will be special modules on improving foundational literacy and numeracy. Each school will be linked/ connected to higher education institutions for mentoring, and there will be provisions for internships with local artisans.

Point to ponder: How National Education Policy 2020 is transforming the vision for education in India?

3. MCQ:

Which of the following statements is not true with respect to New Education Policy 2020?

1. The NEP for schools envisages a curricular structure and teaching style categorised in four stages: foundational, preparatory, middle, and secondary.

2. One of the major provisions is the universalization of education by 2024 through 100% GER (Gross Enrollment Ratio) from pre-primary to secondary.

3. HECI (Higher education commission of India) will be the umbrella regulator including for legal and medical education.

4. Academic bank of credits will be established to enable transfers of credits between institutions of higher education.

a) 1 and 2

b) 2 and 3

c) 3 and 4

d) 1 and 4

Dark sky reserves

Why in news?

—By the end of 2022, India will establish the country’s first Dark Sky Reserve in the cold desert regions of Ladakh, Dr Jitendra Singh, Minister of State (Independent charge) for Science and Technology, announced Saturday. This facility will also promote astronomy-tourism, he said.

Key takeaways
—A Dark Sky Reserve is public or private land with a distinguished nocturnal environment and starry nights that has been developed responsibly to prevent light pollution.

—According to the International Dark Sky Association (IDSA) website, these reserves “consist of a core area meeting minimum criteria for sky quality and natural darkness, and a peripheral area that supports dark sky preservation in the core.”

—These reserves, it said, are formed through a “partnership of multiple land managers who have recognized the value of the natural nighttime environment through regulations and long-term planning”.

—Individuals or groups can nominate a site for certification to the International Dark Sky Association (IDSA). There are five designated categories, namely International Dark Sky parks, communities, reserves, sanctuaries and Urban Night Sky Places.

—The certification process is similar to that of a site being awarded the UNESCO World Heritage Site tag or getting recognised as a Biosphere Reserve. Between 2001 and January 2022, there have been 195 sites recognised as International Dark Sky Places globally, the IDSA said.

—The IDSA considers a piece of land suitable for dark sky place only if it is either publicly or privately owned; is accessible to the public partially or entirely during the year; the land is legally protected for scientific, natural, educational, cultural, heritage and/or public enjoyment purposes; the core area of the land provides an exceptional dark sky resource relative to the communities and cities that surround it and the land offers prescribed night sky brightness either for a reserve, park or sanctuary.

—India is still in the process of filing its nomination to IDSA.

—The Ladakh Union Territory administration is leading the efforts in establishing the country’s first Dark Sky Reserve.

—To be situated at a height of 4,500 metres above sea level, the Hanle Dark Sky Reserve (HDSR) will come up within the Changthang Wildlife Sanctuary.

—The Department of Science and Technology and experts from the Indian Institute of Astrophysics (IIA), Bengaluru, are providing scientific and technological support in developing this first-of-its-kind facility. The IIA already manages the Indian Astronomical Observatory (IAO) complex at Hanle, Ladakh.

—Here, scientists have been carrying out astronomical observations using the existing gamma ray, an infrared and an optical telescope to study exoplanets, galaxies and stars through the pristine skies of Hanle.

—The formal decision to set up this Dark Sky Reserve was made through a Memorandum of Understanding (MoU) signed between officials from the IIA, Bengaluru, the Ladakh UT and the Ladakh Autonomous Hill Development Council in June this year.

—Ladakh is a unique cold desert located about 3,000 metres above sea level with high mountainous terrains. Long and harsh winters with minimum temperatures dropping to minus 40 degrees Celcius make large parts of the UT highly inhabitable.

—This aridity, limited vegetation, high elevation and large areas with sparse populations – all make it the perfect setting for long-term astronomical observatories and dark sky places.

—But the primary objective of the proposed Dark Sky Reserve is to promote astronomy tourism in a sustainable and environment-friendly manner. Scientific methods will be used here to preserve the night sky from ever-increasing light pollution.

—With metros, cities and peripheral areas experiencing light pollution and remaining constantly lit up, there are diminishing areas that offer a view of clear skies on cloudless nights, experts have noted.

Point to ponder: How will Dark Sky Reserve help boost tourism in Ladakh?

4. MCQ:

Which of the following statements is/are correct with respect to Dark Sky Reserve?

1. A Dark Sky Reserve is public or private land with a distinguished nocturnal environment and starry nights that has been developed responsibly to prevent light pollution.

2. Hanle Dark Sky Reserve (HDSR) of india will come up within the Changthang Wildlife Sanctuary.

3. The primary objective of the proposed Dark Sky Reserve at Hanle is to promote astronomy tourism in a sustainable and environment-friendly manner.

4. The maximum number of dark sky reserves is in the USA.

a) 1 and 2 only

b) 1, 2 and 3 only

c) 2, 3 and 4 only

d) 1, 3 and 4

Thirunavaya

Why in news?

—Recently, a few history researchers urged the Kerala government to declare Thirunavaya, in the present-day Malappuram district, a heritage village and protect the historical relics in the area.

Key takeaways

—Mamangam was a 28-day-long trade festival celebrated once every 12 years on the banks of the Bharathappuzha, also known as Nila.

—Traders from various parts of India and as well as places such as China, Ceylon, Arabia and Europe used to arrive by ship at the Ponnani port and then move to Thirunavaya to participate in the trade fair held on the premises of the Navamukunda temple, believed to be around 5,000 years old now.

—Famous historian MGS Narayanan, in his book Keralacharithrathile 10 Kallakathakal, compares Mamangam to many such trade fairs held on riverbanks in Prayag, Haridwar, Ujjain, Gokarna and Kumbhakonam in medieval India.

—There is no consensus on when the first Mamangam was held, but it is believed that the Chera kings began the duodecennial trade festival. The last Chera ruler passed on the right to conduct it to Valluvakonathiri (rulers of the Valluvanad region) around the 12th century.

Zamorins and chavers

—The Zamorins, the rulers of Kozhikode, in a bid to expand their kingdom, beat the Valluvakonathiri in the 14th century and secured the right to preside over Mamangam after capturing several Valluvanadan provinces, including Thirunavaya.

—The Valluvakonathiris decided to avenge the defeat as well as the murders of their princes by sending suicide squads called chavers to fight the Zamorin’s army during Mamangam. At each Mamangam, the Valluvakonathiri’s chavers would come with an intention to kill the Zamorin.

—The chavers, belonging to prominent Nair families like Putumanna Panikkars, Kokat Panikkars, Chandrath Panikkars and Verkot Panikkars, began their journey to Thirunavaya from the chaver thara at the Thirumandhamkunnu temple in Angadipuram.

—At Mamangam, the Zamorin would stand on a platform called the ‘nilapadu thara’ cocooned by his soldiers. The Zamorin army comprised around 40,000 men, according to MGS Narayanan. Bodies of the chavers who died during the fight were thrown into a nearby well called the ‘manikinar’. Some records say the injured warriors were trampled down by elephants.

—For nearly four hundred years, the chavers, coming to Thirunavaya over this blood feud, never managed to kill any of the Zamorins of the times, though one of them came close to it.

—The last Mamangam was said to be held in 1755 before Mysore’s Hyder Ali invaded Malabar and ended the Zamorin’s prominence.

What else to know?

—Mamangam relics such as the ‘nilapadu thara’ and the ‘manikinar’ are protected by the Kerala government’s archaeology department. Pazhukka mandapam, from where the Zamorin family members used to watch the festivities; marunnara, where the Zamorin kept the gunpowder; and the Changampally Kalari, where the soldiers used to train, have all been maintained under the Nila project from 2010.

—The Cheerpumkundu iron bridge, which was used for the immersion of Mahatma Gandhi’s ashes on February 12, 1948, is in ruins these days. Known as Kerala Gandhi, freedom fighter K Kelappan in 1949 launched the week-long Sarvodaya Mela in Thirunavaya in memory of the Father of the Nation.

—The Navamukunda temple is one of the 108 major Vishnu temples in India. It is famous for its sculptures, including the 10 incarnations of Vishnu. Renowned craftsman Perumthachan is believed to have renovated the temple more than 1,000 years ago.

Point to ponder: How is the Battle of Diu connected to Zamorin?

5. MCQ:

Which of the following statements is/are not true with respect to the history of Kerela?

1. Freedom fighter K Kelappan is known as Kerala Gandhi.

2. Mamangam was a 28-day-long trade festival celebrated once every 12 years on the banks of the Bharathappuzha.

3. The Navamukunda temple is one of the major Shiva temples in India which is believed to be renovated by renowned craftsman Perumthachan.

a) 1 and 2

b) 3 only

c) 2 and 3

d) 1 only

Answer to MCQs: 1 (d), 2 (c), 3 (b), 4 (b), 5 (b)

Post Read Q & A

Can you recall what you read?

1. What is the reason that the consent of the A-G is required to bring the contempt case ?

2. Why Mamangam is comparable to Prayag, Haridwar, Ujjain, Gokarna and Kumbhakonam in medieval India ?

3. Why was Ladakh chosen for the Dark Sky Reserve project?