ARTICLE 142

1. Context

2. About Article 142 

• Article 142 provides a unique power to the Supreme Court, to do "complete justice" between the parties, where at times, the law or statute may not provide a remedy.
• In those situations, the Court can extend itself to put an end to a dispute in a manner that would fit the facts of the case.

3. Courts exercising this power

• While the powers under Article 142 are sweeping in nature, SC has defined its scope and extent through its judgments over time.
• In the Prem Chand Garg Case, the majority opinion demarcated the contours for the exercise of the Court's powers under Article 142 (1) by saying that an order to do complete justice between the parties "must not only be consistent with the fundamental rights guaranteed by the Constitution, but it cannot even be inconsistent with the substantive provisions of the relevant statutory laws," referring to laws made by Parliament.
• Therefore, we do not think it would be possible to hold that Article 142 (1) confers upon this Court powers which can contravene the provisions of Article 32 (right to constitutional remedies), it said.
• The Seven-judge bench in "Antulay" upheld the 1962 ruling in "Prem Chand Garg".
• Notably, in the Bhopal Gas Tragedy case (Union Carbide Corporation vs Union of India) the SC in 1991 ordered UCC to pay $470 million in compensation for the victims of the tragedy.
• In doing so, the Bench highlighted the wide scope of Article 142 (1), adding that it found it "necessary to set at rest certain misconceptions in the arguments touching the scope of the powers of this court under Article 142 (1) of the  Constitution.
• Deeming the power under Article 142 to be "at an entirely different level and of a different quality", the court clarified that "prohibitions on limitations on provisions contained in ordinary laws cannot, ipso-facto, act as prohibitions or limitations on the constitutional powers under Article 142".
• Adding that it would be "wholly incorrect" to say that powers under Article 142 are subject to express statutory prohibitions, the court reasoned that doing so would convey the idea that statutory provisions override a constitutional provision.

4. Criticism on Article 142

• The sweeping nature of these powers has invited the criticism that they are arbitrary and ambiguous.
• It is further argued that the court then has wide discretion and this allows the possibility of its arbitrary exercise or misuse due to the absence of a standard definition for the term "complete justice".
• Defining "Complete justice" is a subjective exercise that differs in its interpretation from case to case. Thus, the court has to place checks on itself.
• In 1998, the apex court in "Supreme Court Bar Association vs Union of India" held that the powers under Article 142 are supplementary and could not be used to supplant or override a substantive law and "build a new edifice where none existed earlier".
• The court said that the powers conferred by Article 142 are curative and cannot be construed as powers "Which authorise the court to ignore the substantive rights of a litigant while dealing with a cause pending before it".
• Adding that Article 142 cannot be used to build a new edifice, ignoring statutory provisions dealing with a subject the court also said that the provision cannot be used "to achieve something indirectly which cannot be achieved directly".
• More recently, in its 2006 ruling in "A. Jideranath vs Jubillee Hills Co-op House Building Society, the Supreme Court discussed the scope of the power here, holding that in its exercise no injustice should be caused to a person not party to the case.
• Another criticism of the powers under Article 142 is that unlike the legislature and the executive, the judiciary cannot be held accountable for its actions.
• The power has been criticised on grounds of the separation of powers doctrine, which says that the judiciary should not venture into areas of lawmaking and that it would invite the possibility of judicial overreach.
• However, the Drafting Committee of the Indian Constitution was mindful of the wide-reaching nature of the powers and reserved it only for exceptional situations, which the existing law would have failed to anticipate.
• Additionally, the apex court has imposed checks on its power under Article 142.
• In 2006, the SC ruling by a five-judge Bench in "State of Karnataka vs Umadevi" also clarified that "complete justice" under Article 142 means justice according to law and not sympathy while holding that it will "not grant a relief which would amount to perpetuating illegality encroaching into the legislative domain".

FINANCIAL STABILITY AND DEVELOPMENT COUNCIL

 

1. Context

According to the Department of Economic Affairs, “To strengthen and institutionalize the mechanism for maintaining financial stability, enhancing inter-regulatory coordination and promoting financial sector development, the Financial Stability and Development Council (FSDC) was set up by the Government as the apex level forum.

2. Financial Stability and Development Council

• Financial sector regulation is a vital service for bringing a healthy and efficient financial system to the economy. There are different regulators for various segments of financial sectors, like the RBI for commercial banks and NBFCs, SEBI for capital markets, etc.
• At the same time, there should be coordination among these financial sector regulators to ensure better efficiency as well as for avoiding overlapping of functions.
• For this, the Government formed the Financial Stability and Development Council in December 2010, with the Finance Minister as the Chairman. The immediate impulse for the establishment of the FSDC was the tussle between SEBI and IRDA on the regulation of ULIPs.
• Basically, the activity of the Council is to coordinate financial and economic regulations through consultations with the heads of the various regulatory organizations.
• The FSDC was envisaged for performing two sets of core functions. The first is to perform as an apex-level forum to strengthen and institutionalize the mechanism for maintaining financial stability.
• The second is for enhancing inter-regulatory coordination and promoting financial sector development in the country.

3. Composition of FSDC

• The Chairman of the Council is the Finance Minister and its members include the heads of financial sector Regulators (RBI, SEBI, PFRDA, IRDA & FMC (now with SEBI)) Finance Secretary and/or Secretary, Department of Economic Affairs, Secretary, Department of Financial Services, and Chief Economic Adviser.
• The Council can invite experts to its meeting if required. The FSDC Secretariat is in the Department of Economic Affairs.
• But later in May 2018, the Council was expanded to include top bureaucrats related to Economic and Financial management.
• As a result, the total number of members is now increased to 12 besides the Chairman Finance Minister.
• Following are the members of FSDC after the reconstitution. Governor, RBI, Chairman, SEBI, Chairman, IRDA, Chairman, PFRDA, Minister of state responsible for the Department of Economic Affairs (DEA), Secretary of Department of Electronics and Information Technology, Revenue Secretary, Finance Secretary and/or Secretary, Department of Economic Affairs; Secretary, Department of Financial Services; Secretary, Ministry of Corporate Affairs, Chief Economic Adviser and Chairperson of the Insolvency & Bankruptcy Board of India (IBBI).

4. Expansion of FSDC by accommodating new members

• Originally, the FSDC members were heads of RBI, SEBI, IRDA, and PFRDA and the Chairman – Finance Minister.
• But in May 2018, the government reconstituted the FSDC by including new members -the Minister of State responsible for the Department of Economic Affairs (DEA), the Revenue Secretary, Secretary of the Department of Electronics and Information Technology, and the Chairperson of IBBI.
• The council will act as a coordination agency between the various financial sector regulators- the RBI, SEBI, IRDA, and the PFRDA.
• This Council would monitor macro-prudential supervision of the economy, including the functioning of large financial conglomerates, and address inter-regulatory coordination issues.

5. Functions of the FSDC

• It will focus on financial literacy and financial inclusion.
• It aims to strengthen and institutionalize the mechanism of financial stability and development.
• It will monitor macro-prudential supervision of the economy. It will assess the functioning of the large financial conglomerates.
• It will address intra-regulatory coordination issues.

6. FSDC Sub Committee Chaired by the Governor of the RBI

• An important wing of the FSDC, in terms of functional responsibility is the sub-committee chaired by the Governor of the RBI.
• It means more often than the full council. All the members of the FSDC are also members of the sub-committee.
• Additionally, all four Deputy Governors of the RBI and the Additional Secretary, DEA, in charge of FSDC, are also members of the Sub-Continent.

7. Other wings within the FSDC

There are a few other regulatory wings within the FSDC created for specific purposes: The Inter regulatory technical group, the Technical Group on financial inclusion and financial literacy, Inter regulatory forum for monitoring financial conglomerates (IRF-FC), the Early Warning Group, the Working Group on resolution regime for financial institutions and the Macro Financial and Monitoring Group.

 

For Prelims: Financial Stability and Development Council, Department of Economic Affairs, Reserve Bank of India (RBI), Securities Exchange Board of India(SEBI), Pension Fund Regulatory and Development Authority (PFRDA), Insurance Regulatory and Development Authority (IRDA), Department of Economic Affairs (DEA), and Insolvency & Bankruptcy Board of India (IBBI).

Previous year Question

1. With reference to 'The Financial Stability and Development Council', consider the following statements: (UPSC 2016) 1. It is an organ of NITI Aayog. 2. It is headed by the Union Finance Minister. 3. It monitors macroprudential supervision of the economy. Which of the statements given above is/are correct? A. 1 and 2 only B. 3 only C. 2 and 3 only D. 1, 2 and 3 Answer: C   2. Global financial stability Report' is prepared by the (UPSC 2016) A. European Central Bank B. International Monetary Fund C. International Bank for Reconstruction and Development D. Organization for Economic Cooperation and Development Answer: B

 Source: The Indian Economy.net

MIG-21

1. Context

A MiG-21 fighter jet of the Indian Air Force (IAF) crashed on May 8, 2023, near Rajasthan's Suratgarh while it was on a routine operational training sortie.

While the pilot sustained minor injuries after ejection, the aircraft wreckage fell on a house in Bahlol Nagar in the Hanumangarh district in the state, killing three civilians.

The Exact cause of the accident is not known and will be established by a Court of An inquiry (COI) has been ordered on the incident.

 

Image source: NDTV

2. About the MIG-21 aircraft

• The MiG-21s are among the six fighter jets presently flown by the Indian Air Force (IAF) and for a long period has been the backbone of the IAF.
• The MiG-21s are single-engine, single-seater multi-role fighter/ground attack aircraft.
• While they were first inducted in 1963 as interceptor aircraft, over the next few decades they were upgraded to perform a variety of roles performed by a fighter aircraft, including ground attack.
• India has procured over 700 MiG-21 aircraft of different variants since then, such as the Type-77, Type-96 and the BIS.
• The latest of them is the MiG-21 Bison, which is an upgraded aircraft with advanced missiles and radars and better avionics.
• Over 100 MiG-21s with the IAF have been upgraded to Bison since 2006.
• The aircraft in the past had proved their mettle in several wars fought by India.
  For instance, in the Bangladesh Liberation War of 1971, the Mi-21s (Type 77 variant) played a major role in swaying the war's result in India's favour.
• The combat jet was also among the mainstay of the IAF in the 1965 war and the 1999 Kargil conflict with Pakistan.
• In 2019, Group Captain Abhinandan Varthaman (Then a Wing Commander) of the erstwhile Srinagar-based No 51 Squadron was flying a MiG-21 Bison when he downed an F-16 aircraft of the Pakistan Air Force.

3. Past MiG Accidents and Causes

• As per available government data, close to 500 MiG-21s have crashed in the last 60 years, killing over 170 pilots.
• More than 20 aircraft have crashed since 2010. In fact, in the very first year of its induction in 1963, two of the Soviet-era aircraft had crashed.
• A trainer version of the fighter aircraft crashed killing two pilots on board and in 2021, there were five MiG-21 Bison crashes that killed three pilots.
• The reasons for the crashes have been several ranging from technical defects, human error, bird hits or spatial disorientation of pilots in certain circumstances.

4. Phased out of the aircraft

• There are three squadrons of MiG-21 Bison aircraft currently in service in the IAF.
• Each squadron comprises 16-18 aircraft, aside from one or two trainer versions.
• In September last year, the decorated No 51 squadron was number plated.
• The three MiG-21 Bison Squadrons are planned to be phased out by December 2025.

5. Reasons for IAF to continue flying the MiG Aircraft

• The IAF has a sanctioned squadron strength of  42, even though its current squadron strength is around 30.
• Phasing out the fighter jets earlier would bring down the IAF's fighter squadron strength at dangerously low levels, especially till they are replaced by the indigenous Light Combat Aircraft Tejas Squadrons.
• The IAF can at the most reach 35 squadrons by the next decade even after considering new fighter acquisitions and the planned phasing out of existing squadrons of ageing fighter jets.
• Senior IAF officers, particularly those who have flown the aircraft, have often said the aircraft did not have an abysmal safety record when compared to the number of flying hours and the years in service and have on various occasions highlighted the rigorous maintenance and checks that every fighter aircraft undertakes before going on a sortie.

For Prelims: MiG-21 fighter jet, Indian Air Force, Kargil,  F-16 aircraft, Bangladesh Liberation War, Light Combat Aircraft Tejas Squadrons,  For Mains: 1. What is the MiG-21 aircraft? Discuss why India continues flying the MiG Aircraft even though it has frequently crashed. (250 Words)

 

Previous Year Questions   1. The Bangladesh Liberation War ended on _____.  (SSC CGL 2019) A. 14th November 1972 B. 17th October 1971 C. 2nd October 1974 D. 16th December 1971   Answer: D   2. When did Bangladesh get independence from Pakistan?  (SSC CHSL 2020) A. 1971 B. 1965 C. 1949 D. 1976   Answer: A

 

Source: The Indian Express

DECENNIAL CENSUS

 

1. Context

For 2021 Census, the RGI had first issued a jurisdictional change updation notice on December 22, 2017. It then asked states and UTs to update the changes by January 31, 2020 — December 31, 2019 was fixed as the deadline for freezing of boundaries

 During this period, the RGI was also supposed to conduct the enumeration for NPR, which is the precursor to the preparation of National Register of Citizens (NRC). The deadline for update of jurisdictional changes was first extended until December 31, 2020; then to March 31, 2021; after that to June 30, 2021, further to December 31, 2021, subsequently to June 30, 2022 and finally to December 31, 2022

 

2. What does the Constitution say about the Census?

• The Constitution talks about the use of Census data for the delimitation of constituencies and for determining the quantum of reservation for Scheduled Castes and Scheduled Tribes. However, it does not say what should be the periodicity of the census. 
• The Census Act,1948 which predates the Constitution provides the legal background for several activities relating to the Census without mentioning anything about its periodicity. 
• It says: “The Central Government may declare its intention of taking a census whenever it may consider it necessary or desirable to do so”.
• This provision puts the onus of deciding when to conduct a Census on the executive. This is unlike the position in several countries such as the U.S. and Japan where the Constitution or the Census law mandates a Census with defined periodicity.

3. Census

• The census provides information on size, distribution and socio-economic, demographic and other characteristic of the country's population.
• The Census was first started under British Viceroy Lord Mayo in 1872.
• It helped in framing new policies, government programs to uplift areas of improvement in the community.
• The first synchronous census in India was held in 1881.
• Every ten years: Since then, censuses have been undertaken uninterruptedly once every ten years.
• The responsibility of conducting the decennial Census rests with the Office of the Registrar General and Census Commissioner, India under the Ministry of Home Affairs, Government of India.

India’s first Census was held in 1872, conducted non-synchronously in different parts of the country. After that, India has held its decadal censuses regularly from 1881 to 2011.

4. Importance of Census

• The census can provide population data for every village and town in the country.
• Sample surveys can provide reliable data on social and demographic indicators only at higher geographic levels.
• Census has been providing data on polulation characteristics, housing and amenities.
• The census data are used to determine the number of seats to be reserved for SCs and STs in Parliament, State legislatures, local bodies, and government services.

5. Why there is a delay in Census?

• Administrative boundaries demarcation: As per norms, census can be conducted only three months after freezing of boundary limits of administrative units such as districts, sub-districts, tehsils, talukas etc.
• COVID-19 Pandemic: The pandemic is being cited as the official reason for the delay, but it is an unconvincing excuse. Pandemic-related restrictions were removed long back.
• CAA, NRC Issue: The Union government had declared that the 2021 census would be used to draw up an all-India NRC. The Centre is yet to frame the rules for Citizenship Amendment Act (CAA).
• Lack of Political will: The Union government has shown no urgency in getting census operations back on track. When questioned about the delay, it refuses to clarify when the census might take place.

6. Implications of Delay

• Firstly, the Census alone can provide population data for every village and town in the country. Sample surveys can also provide reliable data on social and demographic indicators but only at higher geographic levels.
• Secondly, the Census data are used to determine the number of seats to be reserved for SCs and STs in Parliament, State legislatures, local bodies, and government services. In the case of panchayats and municipal bodies, the reservation of seats for SCs and STs is based on their proportion in the population. 
• Delay in the Census means that the data from the 2011 Census would continue to be used. In many towns and even panchayats that have seen rapid changes in the composition of their population over the last decade, this would mean that either too many or too few seats are being reserved.
• Delimitation of parliamentary and Assembly constituencies would also continue to be based on the 2001 Census till data from a Census after 2026 are published.

 

For Prelims: Census Act,1948, Viceroy Lord Mayo, Office of the Registar General, Census Commissioner, and Citizenship Amendment Act (CAA). For Mains: 1. What does the Constitution say about the Census? Discuss the significance and challenges associated with the Census in India?

 

 

 

Source: The Hindu