TOPIC-1: For a green
economy that is also just.
India’s solar power programme has
come under intense scrutiny by global
political and business leaders, especially given its aggressive intent and
extensive trade opportunities. The programme, a part of the National Solar Mission,
envisages an addition of 100,000
megawatts of solar power capacity by 2022. This initiative is also seen as a
critical sub-component of the global effort to limit the extent of climate
change. The recent ruling by the World Trade Organisation (WTO) against India
must be read against this background. The WTO has ruled that the domestic
content requirement (DCR) imposed by New Delhi on the production of solar cells
and modules under the National Solar Mission violates
global trade rules. According to the dispute
settlement panel of the WTO, “These are inconsistent
with both Article III:4 of the GATT [General Agreement on Tariffs and Trade]
1994 and Article 2.1 of the TRIMS [Trade-Related Investment Measures].’’ It has
gone on to say that the DCR measures “do accord
less favourable treatment’’ within the meaning of the provision under
Article III:4 of the GATT 1994. The WTO ruling comes three years after the U.S.
raised a dispute against India, and following the inability of the two
countries to agree on the changes suggested by New Delhi to its solar
programme. India is convinced that the DCR is a mechanism to facilitate
sustainable development. It has even indicated that it is willing to apply the
DCR only for buying solar panels used for government sector consumption, and
has assured the U.S. that power generated
from such subsidised panels will not be sold for commercial use. Coming as it
does in the midst of a presidential election year, the WTO order in this
instance is a significant victory for the U.S. Hailing
the ruling, President Barack Obama said: “The U.S. can’t have other countries
engaged in practices that disadvantage American workers and American
businesses.’’ Given the potential for positive social and economic outcomes
from the ambitious solar power programme, India will be compelled, as some other countries have done, to
contest the WTO ruling before the appellate body.
The WTO ruling also comes soon after
the Paris climate change agreement, and is bound to open up a wider debate
across nations over whether initiatives such as the solar mission, with its
social relevance and significant
implications for a green economy, must be viewed only from the prism of a pure
business opportunity. Given India’s size and also the need to provide meaningful
job opportunities for millions of people, it is imprudent
to conceive of a framework that either disadvantages or discourages
domestic endeavour. The fight against
climate change is not an exclusive cause; it has to move in tandem with the provision of jobs and the creation
of an environment that facilitates a green economy. The onus for this lies not just on the developing
countries. It is time the big economies realised their responsibility in
building a greener world.
VOCABULARY:
1.scrutiny :critical
observation or examination.
2.aggressive :
ready or likely to attack or confront; characterized by or resulting from
aggression.
3.intent :
intention or purpose.
4.envisages:
contemplate or conceive of as a possibility or a desirable future event.
5.violates :break
or fail to comply with (a rule or formal agreement).
6.dispute : a
disagreement or argument.
7.inconsistent :
not compatible or in keeping with.
8.assured :
confident.
9.Hailing : (of a
large number of objects) fall or be hurled forcefully.
10.compelled
:force or oblige (someone) to do something.
11.relevance :
Having a bearing on or connection with the matter at hand.
12.imprudent : not
showing care for the consequences of an action; rash.
13.endeavour : try
hard to do or achieve something.
14.tandem :a
bicycle with seats and pedals for two riders, one behind the other.
15.onus :
something that is one's duty or responsibility.
TOPIC-2: Reworking the
Supreme Court’s role.
By admitting a Special Leave
Petition that seeks the setting up of a
‘National Court of Appeal’ to hear routine appeals in civil and criminal
matters from the High Courts, the Supreme Court has signalled its willingness
to grapple with a question that has been
raised unsuccessfully in the past. The question is whether the apex court should
be burdened with the responsibilty of examining the correctness of every case
decided by the High Courts, and whether it should not be allowed to devote its
time entirely to settling questions of constitutional importance. The underlying issues
may include the accumulating backlog of
cases in the Supreme Court, and the need to separate pending cases into those
that touch upon constitutional questions and other routine matters.
Constitutional questions may refer to the validity of a statute or a rule, or to issues that require interpretation of the Constitution. A third
concern relates the oft-cited difficulties of litigants
from different parts of the country for whom New Delhi may be too far. The
solutions put forward include dividing the Supreme Court into a ‘Constitutional
Division’ and a ‘Legal Division’; having the principal Constitution Bench in
Delhi and creating four regional Benches to hear appeals on High Court orders;
and, third, creating a National Court of Appeal that will have four ‘Cassation Benches’
for the adjudication of
non-constitutional matters.
According to the Union Law Ministry,
which recently rejected a lawyer’s demand for a National Court of Appeal,
successive Chief Justices of India have been against the establishment of
Benches outside Delhi. Further, it has obtained legal opinion that a
Constitution amendment to revisit the Supreme Court’s role would be impermissible as it would change the court’s
character under the Constitution. The opinion appears to disfavour a suggestion
by the Law Commission in its 229th Report (2009) that if necessary Article 130
(“The Supreme Court shall sit in Delhi or in such other place or places, as the
Chief Justice of India may, with the approval of the President, from time to
time, appoint”) may be amended to
implement its suggestion that Cassation Benches may be set up in four regions,
while the Constitution Bench sits in Delhi. Courts of Cassation are courts of
last resort to reverse decisions of lower courts. A key issue to be settled is
whether it will be advisable for the highest court to share with a possibly inferior court of appeal its power under Article
136 to grant special leave to appeal on High Court orders. Also, in recent
times the Supreme Court has been conscious of its role as the interpreter of the Constitution,
and holds a sitting of a Constitution Bench virtually every day. Even within
the present structure, regional Benches may help address the problem of access
to justice but not that of accumulation of cases. The idea of a National Court
of Appeal requires consideration, but in a manner that would not undermine the undoubted authority of the Supreme
Court of India.
VOCABULARY:
1.grapple : engage
in a close fight or struggle without weapons; wrestle.
2.apex : the top or
highest part of something, especially one forming a point.
3.seeks
:attempt to find (something).
4.underlying :used
to identify the idea, cause, problem.
5.accumulating
:gather together or acquire an increasing number or quantity of.
6.statute :a
written law passed by a legislative body.
7.interpretation
:the action of explaining the meaning of something.
8.litigants :a
person involved in a lawsuit.
9.Cassation :an
informal instrumental composition of the 18th century, similar to a
divertimento and often performed outdoors.
10.adjudication
:the action or process of adjudicating.
11.impermissible
:not permitted or allowed.
12.amended :make
minor changes to (a text, piece of legislation, etc.) in order to make it
fairer or more accurate, or to reflect changing circumstances.
13.inferior :ower
in rank, status, or quality.
14.undermine
:erode the base or foundation of (a rock formation).
