CAO Daily Editorial analysis for UPSC IAS 25th-January, 2018

Current Affairs Only Daily Editorial Analysis for Competitive Exams


25th Jan, 2018

Archives


A turtle recovery plan {Biodiversity}

(The Hindu)


Context

Integrated conservation measures are needed to protect sea turtles

Why?

  • Every year, thousands of sea turtles are accidentally captured, injured or killed by mechanised boats, trawl nets and gill nets operated and used by comercial fishermen.
  • They can also sustain internal injuries from fishing hooks or suffer serious external injuries after becoming entangled in nets. Each year, environmentalists record a high number of dead turtles washing up ashore.

Place where maximum attention is required

This heavy toll, of injuries and deaths, occurs when turtles begin migrating to their nesting grounds on beaches and in fishing areas that are their feeding grounds.

 Species found in India

Leatherback, Loggerhead, Hawksbill, Green and Olive Ridley.

Legal provision for protecting turtles

In India, though sea turtles are protected under the Indian Wildlife Protection Act of 1972, under the Schedule I Part II

Wildlife Protection Act of 1972

It is an Act of the Parliament of India enacted for the protection of plants and animal species. Before 1972, India only had five designated national parks. Among other reforms, the Act established schedules of protected plant and animal species; hunting or harvesting these species was largely outlawed.

The Act provides for the protection of wild animals, birds, and plants; and for matters connected therewith or ancillary or incidental thereto. It extends to the whole of the country, except the State of Jammu and Kashmir which has its own wildlife act. It has six schedules which give varying degrees of protection. Schedule I and part II of Schedule II provide absolute protection – offences under these are prescribed the highest penalties.

Steps taken to reduce the extinction rate of turtles

Scientists are now working on programmes such as new fishing nets and gear that reduce the amount of bycatch while fishing.

Growing public interest in bycatch reduction programmes is motivated by factors such as an appreciation for endangered species and concern for maintaining marine biodiversity.

Bycatch: It is the name given to ocean animals that are unintentionally caught by fishing gear.

The turtle breeding season is usually between November and December. In Tamil Nadu, for example, the Olive Ridley nests between December and April along the Chennai-Kancheepuram coastline.

Role in marine ecosystem

  • Sea turtles, especially the leatherback, keep jellyfish under control, thereby helping to maintain healthy fish stocks in the oceans.
  • The Green turtle feeds on sea grass beds and by cropping the grass provide a nursery for numerous species of fish, shellfish and crustaceans.
  • The Hawksbill feeds on sponges in the reef ecosystem and opens up crevices for other marine life to live in.
  • Turtles are also transporters of nutrients and energy to coastal areas. Unhatched eggs, eggshells and fluids help foster decomposers and create much needed fertilizer in sandy beaches.

Workable solutions

  • Under current regulations, mechanised trawl boats are not allowed to operate within 8 km of the shore in Andhra Pradesh, 5.5 km in Tamil Nadu and 5 km in Odisha.
  • In Tamil Nadu and Puducherry, the closed season for commercial fishing boats is from April 15 to May 29 (east coast) and June 15 to July 29 (west coast).
  • If sea turtle conservation is to have meaning, all trawl boats should be fitted with a vessel monitoring system that must be kept on at all times.

Offices Without Profit {Indian Politics}

(Indian Express)


Context

This article explains the office without profit in details with reference to disqualification of AAP MLAs is questionable on both legal and procedural grounds.

We know that our constitution is heavily based on English antecedents.

With the recent recommendation by the Election Commission (ECI) to disqualify 20 AAP MLAs.

Important conventions have been thrown into sharp relief

Convention of state practice comes from the Commons tradition of England. In the Act of Union 1707, the House of Commons sought to secure its independence from the Crown.

As a result, the legislative body espoused the disqualification that “no person who has an office or place of profit under the King, or receives a pension from the Crown, shall be capable of serving as a member”. The idea was to adopt a House that was free from the executive influence of the monarch (executive or government); against whom the tussle of power was underway.

What is ‘office of profit’?

The word ‘office’ has not been defined in the Constitution or the Representation of the People Act of 1951. But different courts have interpreted it to mean a position with certain duties that are more or less of public character.

However, a legislator cannot be disqualified from either the Parliament or state Assembly for holding any office.

It can be done by holding

  1. An office;
  2. An office of profit;
  3. An office under the union or state government;
  4. An office exempt by law from purview of disqualificatory provisions.

All four conditions have to be satisfied before an MP and MLA can be disqualified.

Office of profit under Indian Constitution

The term office of profit has not been defined in the Constitution. But, articles 102 (1) and 191 (1) – which give effect to the concept of office of profit — prescribe restrictions at the central and state level on lawmakers accepting government positions. Any violation attracts disqualification of MPs or MLAs, as the case may be.

According to Article 102 (1) (a), a person shall be disqualified as a member of Parliament for holding any office of profit under the government of India or the government of any state, “other than an office declared by Parliament by law not to disqualify its holder”. Article 191 (1) (a) has a similar provision for the members of state assemblies.

However, articles 102 and 191 clarify that “a person shall not be deemed to hold an office of profit under the government of India or the government of any state by reason only that he is a minister”.

Further, the last part of the two provisions protects a lawmaker holding a government position if the office has been made immune to disqualification by law.


 

 

 

 

 

Print Friendly, PDF & Email
We will be happy to hear your thoughts

      Leave a reply

      This site uses Akismet to reduce spam. Learn how your comment data is processed.

      Current Affairs ONLY
      Register New Account
      Reset Password