MAINS DAILY QUESTIONS & MODEL ANSWERS
Q1. What do you understand by the term Judicial Review in Indian Context?
Paper & Topic: – GS II Judiciary-related issues
Model Answer:
Introduction:
- A judge analyses the legality of a decision or action taken by a public entity in a court proceeding known as judicial review.
- To put it another way, court reviews focus more on the process of decision-making than the merits or shortcomings of the outcome.
Body:
Law concepts:
- Lawfully established procedure: It indicates that a legislation passed by the legislature or other relevant authority is only legal if the proper steps have been taken in their entirety.
- Legal due process: It is a doctrine that makes sure the law is fair and just as well as determining whether there is a law that would take away someone’s life and personal freedom.
- India adheres to the legal process.
- It is the authority used by a nation’s courts to check whether the legislative, executive, and administrative branches of government are acting in accordance with the nation’s Constitution.
- Judicial review has two crucial purposes, namely legitimising government action and defending the constitution from any excessive government intrusion.
- Legal review is regarded as a fundamental component of the constitution (Indira Gandhi vs Raj Narain Case 1975).
- The Indian judiciary’s interpretational and observational roles are also referred to as judicial review.
- With the abolition of the Locus Standi concept, Suo Moto lawsuits and Public Interest Litigation (PIL) have made it possible for the judiciary to get involved in numerous public issues even when there isn’t a complaint from the harmed party.
Judicial Review Categories:
Legislative action reviews:
- The authority to check whether legislation passed by the legislature complies with the Constitution’s provisions is implied by this examination.
- An instrument for enforcing constitutional restraint on administrative agencies as they exercise their authority is the Review of Administrative Actions.
- Review of Judicial Decisions: The judiciary itself uses this review to amend or modify earlier judgments.
Critical Role of Judicial Review/Conclusion:
- It is necessary to uphold the Constitution’s supremacy.
- It is crucial for preventing potential abuse of authority by the legislative and executive branches.
- The rights of the populace are safeguarded.
- It keeps the government budget in balance.
- It is crucial for protecting the judiciary’s independence.
- It avoids executive despotism.
- Obstacles to Judicial Review
- It restricts how well the government can operate.
- When it overrides any existing legislation, it transgresses the constitutionally mandated limit on the use of power.
- In India, functions are separated from powers rather than the other way around.
- The idea of the separation of powers is not rigorously followed. The judiciary has the authority to overturn any unlawful laws that the legislature passes thanks to a system of checks and balances that has been put in place.
- Once a judge has formed an opinion in a case, that judgement serves as the benchmark for all subsequent cases.
- Judicial review can be detrimental to the general public because the verdict may be swayed by selfish or personal interests.
- Court interventions that are made repeatedly have the potential to erode public confidence in the honesty, excellence, and effectiveness of the political system.
Q2. What do you understand by Extended Producer Responsibility?
Paper & Topic: GS III Environmental Conservation
Model Answer:
Introduction:
There are four distinct types of plastic packaging which are covered under the clause of Extended Producer Responsibility:
- Packaging made of stiff plastic will fall under category one.
- The second category will contain single-layer or multilayer flexible plastic packaging, plastic sheets and coverings made of plastic sheet, carry bags, plastic sachets, and plastic pouches.
- Multi-layered plastic packaging will fall under category three (at least one layer of plastic and at least one layer of material other than plastic).
- The fourth category comprises carry bags made of biodegradable polymers as well as plastic sheets or the like that are used for packing.
The recommendations also comprise/Body:
- specifications for non-recyclable plastic packaging end-of-life disposal, reuse, recycling, and utilisation of recycled plastic content.
- By March 31st, the Central Pollution Control Board (CPCB) will have established a centralised online site where producers, importers, brand owners, and processors of plastic garbage can register and submit annual reports.
- In metric tonnes, 35% of the “Q1” trash will need to be managed by plastic packaging manufacturers in 2021–2022. Pre-consumer plastic packaging trash and the average weight of plastic packaging sold over the previous two years are added, and the annual amount of plastic packaging provided to brand owners is subtracted, to determine Q1.
- The EPR target will rise to 70% in 2022–2023 and 100% starting in 2023–2024.
- Producers will be required to recycle 50% of rigid plastics in 2024–2025, 60% in 2025–2026, 70% in 2026–2027, and 80% starting in 2027–2028.
- In the event that producers, importers, and brand owners fail to meet their EPR targets, environmental compensation will be assessed based on the polluter pays principle with the goal of preserving and enhancing environmental quality as well as preventing, controlling, and reducing environmental pollution.
- The rules now permit the buying and selling of surplus extended producer responsibility certificates. creating a market mechanism for the control of plastic waste.
Significance/Conclusion:
The new regulations in India will also outlaw certain single-use plastic products and:
- Reduce the pollution brought on by discarded plastics.
- Encourage the creation of novel plastic substitutes.
- Give firms a road plan for converting to environmentally friendly plastic packaging.
- Establish a framework for enhancing the circular economy of waste plastic packaging.
- Encouragement for the formalisation and expansion of the plastic waste management industry.
What are the rules for managing plastic waste?
- The Solid Waste Management Rules were published on April 8 of the same year after being published on March 18 by the MoEFCC.
- Both of the criteria apply to managing plastic waste in the nation because plastic garbage is a type of solid waste.
- According to the Plastic Trash Management Rules, there should be as little plastic garbage production as possible, as well as no littering, segregated waste storage at the source, and proper disposal.
- The regulations also specify who is responsible for managing plastic garbage, including local governments, gramme panchayats, waste generators, retailers, and street sellers.
- Producers, importers, and brand owners are subject to EPR under the guidelines. Pre- and post-consumer plastic packaging waste will be subject to Extended Producer Responsibility.