West Bengal Government has recently approached the Supreme Court against the centre’s move to make Aadhar mandatory for availing benefits of welfare schemes.
The State had filed this writ petition under Article 32 of the constitution.
Article 32 of the constitution confers citizens the right to approach the Supreme Court for enforcement of their fundamental rights.
The Supreme Court shall have power to issue directions or orders or writs.
It includes writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari.
In this case, SC does not take up the petition of West Bengal government saying the Article 32 can only be used by individuals to approach the SC against State actions which violate their fundamental rights.
SC added that the Article cannot be agitated by a state against the centre or vice versa.
WHO report on TB
TB is caused by bacteria (Mycobacterium tuberculosis) that most often affect the lungs.
It is curable and preventable and it spread from person to person through the air
Multi-drug-resistant tuberculosis (MDR-TB) is a form of TB which is resistant to treatment with at least two of the most powerful first-line anti-TB medications (drugs), isoniazid and rifampin.
According to a report from WHO, death from tuberculosis in India saw a 12% decline from the last year.
However, with 1.7 million new cases in 2016, India continued to be the largest contributor to the global burden.
India counts for about 32% of the number of people worldwide who succumbed to the disease.
The government has committed to achieve a ’90-90-90’ target by 2035.
The target is 90% reduction in incidence, mortality and catastrophic health expenditures due to Tuberculosis.
World’s longest Tunnel
China plans to build a 1000 km-long tunnel, the world’s longest to divert water from the Brahmaputra River in Tibet to Xinjiang region.
The plan involves diverting water from Sangri county in Tibet to the Taklamakan desert in Xinjiang.
Once the tunnel is approved, it will most likely affect the water flow in the Brahmaputra that could cause droughts.
The Brahmaputra, called the Yarlung Tsangpo in China, originates in Tibet and flows downstream into India's northeast.
In 2010, China had assured India that it had no plans of building dams in Tibet after New Delhi expressed concerns.
OROP for HC judges
The Supreme Court asked the government to respond to a petition for implementation of the One Rank, One Pension (OROP) norm for retired High Court judges.
Currently, there is a disparity in the pension paid to judges appointed from the Bar and those promoted from the subordinate judiciary to the High Courts.
OROP - same pension, for same rank, for same length of service, irrespective of the date of retirement.
Supreme Court in 2014 judgment in Ramakrishnam Raju’s case laid down the norms for OROP.
The judgment says that “when persons holding constitutional office retire from service, making discrimination in the fixation of the pensions depending upon the source from which they were appointed is in breach of Article 14 and 16(1) of the Constitution.”
UN Convention on Torture
The Law Commission recommended that the government should ratify a UN convention on torture and other inhuman and degrading treatment or punishment.
It is ratified by 161 nations including Pakistan, China and Afghanistan.
India signed this convention in 1997 but yet to ratify it.
India is among the only nine countries worldwide which are yet to ratify this crucial convention.
This UN convention will help to tide over difficulties in extraditing criminals from foreign countries due to the absence of a law preventing harsh treatment by authorities.
Law Commission also recommended life in jail for public servants convicted of torture.
It requires amendment to Criminal Procedure Code, 1973, and the Indian Evidence Act, 1872 to accommodate provisions regarding compensation and burden of proof.
Law Commission
It is an executive (non-statutory) body created by the government from time to time.
The Commission was originally constituted in 1955 and is re-constituted every three years.
Accordingly, 21st law commission was constituted in 2015 headed by Justice Balbir Singh for the period of 2015 to 2018.
Law Commission is requested to work upon specific issues and submit its views assigned by the Law ministry and the Supreme Court on various occasions.
Rashtriya Ekta Diwas
Rashtriya Ekta Diwas (National Unity Day) is being celebrated on 31st october, marking the birth anniversary of Sardar Vallabhai Patel.
He is credited for the integration of over 550 independent princely states into India from 1947-49 by Independence Act (1947).
