KANISHKBIOSCIENCE E -LEARNING PLATFORM - Help you think beyond the issue but relevant to the issue from UPSC prelims and Mains exam point of view. These linkages provided in this ‘hint’ format help you frame possible questions in your mind that might arise(or an examiner might imagine) from each current event. also connect every issue to their static or theoretical background. This helps you study a topic holistically and add new dimensions to every current event to help you think analytically.
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Seventh Schedule:
Context:
The Confederation of Indian Industry (CII) has sought the inclusion of tourism in the concurrent list to enable the Centre and States to effectively regulate the sector as well as frame policies for growth.
The seventh schedule under Article 246 of the constitution deals with the division of powers between the union and the states.
It contains three lists- Union List, State List and Concurrent List.
1 The union list details the subjects on which Parliament may make laws while the state list details those under the purview of state legislatures.
2 The concurrent list on the other hand has subjects in which both Parliament and state legislatures have jurisdiction. However the Constitution provides federal supremacy to Parliament on concurrent list items in case of a conflict.
Prelims Link:
1 What is 7th schedule?
2 Subjects under seventh Schedule.
3 Residuary powers.
4 What happens when there is a conflict between a central law and state law.
Mains Link:
Discuss the need for review of 7th schedule of the Indian Constitution.
Sources: the Hindu.
Separation of powers between various organs dispute redressal mechanisms and institutions.
Recusal of Judges:
Context:
Andhra High Court rejects plea for recusal of judge from hearing petitions filed against the proposed sale of government land in Guntur and Visakhapatnam districts under “Mission Build A.P.”
What is Judicial Disqualification or Recusal?
Judicial disqualification, referred to as recusal, is the act of abstaining from participation in an official action such as a legal proceeding due to a conflict of interest of the presiding court official or administrative officer.
Grounds for Recusal:
1 The judge is biased in favour of one party, or against another, or that a reasonable objective observer would think he might be.
2 Interest in the subject matter, or relationship with someone who is interested in it.
3 Background or experience, such as the judge’s prior work as a lawyer.
4 Personal knowledge about the parties or the facts of the case.
5 Ex parte communications with lawyers or non-lawyers.
6 Rulings, comments or conduct.
Are there any laws in this regard?
There are no definite rules on recusals by Judges.
However, In taking oath of office, judges, both of the Supreme Court and of the high courts, promise to perform their duties, to deliver justice, “without fear or favour, affection or ill-will”.
What has the Supreme Court said on this?
Justice J. Chelameswar in his opinion in Supreme Court Advocates-on-Record Association v. Union of India (2015) held that “Where a judge has a pecuniary interest, no further inquiry as to whether there was a ‘real danger’ or ‘reasonable suspicion’ of bias is required to be undertaken”.
Prelims Link:
1 Grounds for Judicial Disqualification.
2 Who administers oath to Supreme Court and High Court judges?
3 Articles 127 and 128 of the Indian Constitution are related to?
Mains Link:
Recusal has become a selective call of morality for Supreme Court judges. Discuss.
Sources: the Hindu.
{ With input from news agency language)
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