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30th, May, 2023

Topic: Justice M.S. Ratna Sri Ramachandra Rao sworn in as Chief Justice of HP High Court

 

Himachal HPAS Prelims and Mains are essential.

Importance for  Prelims: Indian polity and governance – Constitution, political system, Panchayati Raj, Public Policy, Rights Issues, etc.

Significance for the Mains Exam:

  • PAPER-V: GENERAL STUDIES-II: UNIT II: Judiciary

 

What is the news?

  • Justice Mamidanna Satya Ratna Sri Ramachandra Rao was sworn in as the Chief Justice of the Himachal Pradesh High Court here today. He was administered the oath of office by Governor Shiv Pratap Shukla at Raj Bhawan. Chief Minister, Thakur Sukhvinder Singh Sukhu was also present on the occasion.

About Justice Mamidanna Satya Ratna Sri Ramachandra Rao:

  • Justice M.S. Ramachandra Rao was born on 07 August, 1966 in Hyderabad. He did his B.Sc. (Hons.) in Mathematics from Bhavans New Science College, Osmania and LL.B. from University College of Law, Osmania University Hyderabad in 1989.
  • He was enrolled as an Advocate in September, 1989. Later he secured LL.M. from the University of Cambridge U.K. in 1991 and was awarded the Cambridge Common Wealth Scholarship and the Bank of Credit and Commerce International Scholarship for study of the LL.M. course at the Cambridge University, U.K. He was also awarded the Pegasus Scholarship by the Scholarship Trust, London.
  • Justice M.S. Ramachandra Rao was elevated as Judge of the High Court of Andhra Pradesh in June, 2012 and was appointed to perform the duties of the office of the Chief Justice for the State of Telangana from 31 August, 2021. He remained Judge of Punjab and Haryana High Court as well.
  • His father Mr. Justice M. Jagannadha Rao was a former Judge of The Supreme Court (1997-2000) and former Chairman of Law Commission of India. His grandfather was also a Judge of the High Court of Andhra Pradesh from 1960-1961.

 

How Chief Justice of High Courts appointed?

 

Constitutional Provision for High Courts:
  • Article 214 of the Constitution of India provides that there shall be a High Court in each State.
  • Under Article 231, Parliament has the power to establish a common High Court for two or more States.

 

Eligibility of appointment as a Judge of High Courts:
  • He must be an Indian citizen.
  • Must have served in a judicial capacity in India for at least ten years.
  • For at least 10 years, he must have worked as an advocate in a High Court or two or more such Courts in succession.

 

Appointment of HC Judges:
  • Article 217 of the Constitution: It states that the Judge of a High Court shall be appointed by the President in consultation with the Chief Justice of India (CJI)and the Governor of the State.
  • In the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court is consulted.

 

Consultation Process:
  • The suggestion, on the other hand, comes from the Chief Justice of the High Court in question, along with two of his or her most senior colleagues.

 

Recommendation:
  • It is sent to the Chief Minister, who tells the Governor to send the plan to the Union Law Minister.
  • The Chief Justice of the High Court is chosen based on a principle that says Chief Justices should come from outside their own States.

 

Ad-hoc Judges:
  • The appointment of retired judges is provided in the Constitution under Article 224A.
  • Under the Article, the Chief Justice of a High Court for any State may at any time, with the previous consent of the President, request any person who has held the office of judge of that court or of any other High Court to sit and act as a judge of the High Court for that State.
(Source: HP Government)

 

Topic: Lahaul-Spiti residents slam TCP Act

 

Himachal HPAS Prelims and Mains are essential.

Importance for  Prelims: General issues on environmental ecology, bio-diversity and Climate Change – that do not require subject specialization and General science

Significance for the Mains Exam:

  • PAPER-VI: GENERAL STUDIES-III: UNIT II: Issues, concerns, policies, programmes, conventions, treaties and missions aimed at environment protection, and dealing with the problem of climate change.

 

What is the news?

  • Residents of Lahaul and Spiti are against the state government’s plan to put the Town and Country Planning (TCP) Act into effect in the tribal district.

What’s the issue?

  • They said that putting the TCP Act into effect would go against the Panchayats Extension to Scheduled Areas (PESA) Act of 1996. This Act gives the gram sabhas in protected areas extra power, especially when it comes to taking care of natural resources.

 

What is the problem?

  • In a recent Cabinet meeting, the state government agreed to set up the Atal Tunnel Planning Area. This is to stop construction in the Lahaul and Spiti area from growing without any rules.
  • To stop uncontrolled growth, all building work in the Atal Tunnel Planning Area will have to be done in strict line with the TCP Act of 1977. The people of Lahaul and Spiti didn’t like what the state government did.

 

Rigzin Samphel Heyreppa, who lives in Lahaul, said:

  • The people of Lahaul and Spiti are very angry with the state government because the decision was made at a Cabinet meeting. When the TCP Act is put into place in this tribal area, it will directly go against the rights people have under the PESA Act. We don’t want the TCP Act to be put into place in Lahaul and Spiti because it will make it harder to build things. The geography of this area is not easy, and the TCP Act will make it hard for people to build things there.
  • “A campaign will be started to make people in the area aware of how important the PESA Act of 1996 is. Also, a large-scale action will be started against the state government to protest its plan to put the TCP Act into effect in the district,” he said.

 

What is the Panchayats Extension to Scheduled Areas (PESA) Act, 1996?

  • It is a legislation enacted by the Parliament of India to extend Part IX of the Constitution, with certain modifications and exceptions, to the Fifth Schedule areas of ten States viz. Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana.
  • The PESA Act gives Panchayats in Scheduled Areas a significant degree of autonomy in planning and implementing development programmes. It also vests them with powers to protect and manage natural resources, such as forests and water bodies.
  • In Himachal Pradesh, the PESA Act has been implemented through the Himachal Pradesh Panchayati Raj (Extension to Scheduled Areas) Rules, 2004. These rules provide for the establishment of Gram Sabhas, Panchayat Samitis and Zila Parishads in Scheduled Areas, and for the devolution of powers and functions to these bodies.
  • The PESA Act has been hailed as a landmark legislation that has the potential to empower tribal communities and improve their quality of life. However, there have been some challenges in its implementation, such as lack of awareness among tribals about their rights and the lack of capacity of Panchayats to effectively manage development programmes.
  • Despite these challenges, the PESA Act has had a positive impact on tribal communities in Himachal Pradesh. It has led to increased participation of tribals in decision-making, improved access to resources and services, and a reduction in poverty.

 

Here are some of the key provisions of the PESA Act:

  • The Act provides for the establishment of Gram Sabhas in all villages in Scheduled Areas. The Gram Sabha is the highest decision-making body in the village and is responsible for planning and implementing development programmes.
  • The Act vests Gram Panchayats with powers to manage and protect natural resources, such as forests and water bodies.
  • The Act requires the State Government to consult Gram Sabhas before making any laws or regulations that affect the interests of tribals in Scheduled Areas.
  • The Act provides for the establishment of a Tribal Advisory Council to advise the State Government on matters relating to tribal welfare.
  • The PESA Act is a significant step towards empowering tribal communities and improving their quality of life. It is important that the State Government and other stakeholders work together to ensure that the Act is implemented effectively in Himachal Pradesh.
(Source: HP Government and The Tribune)

 

Topic: CM advocated for full-fledged Integrated Regional Office of the Ministry of Environment at Shimla

 

Himachal HPAS Prelims and Mains are essential.

Importance for  Prelims: General issues on environmental ecology, bio-diversity and Climate Change – that do not require subject specialization and General science

Significance for the Mains Exam:

  • PAPER-VI: GENERAL STUDIES-III: UNIT II: Issues, concerns, policies, programmes, conventions, treaties and missions aimed at environment protection, and dealing with the problem of climate change.

 

What is the news?

  • Chief Minister Thakur Sukhvinder Singh Sukhu called on Union Minister for Environment, Forest and Climate Change, Bhupendra Yadav at New Delhi today.
  • Chief Minister requested for a separate and full-fledged Integrated Regional Office of the Ministry at Shimla and not to limit the same to sub-office so as to grant speedy forest clearances for projects of national importance like four Laning, strategic defence infrastructure etc.
  • Chief Minister apprised the Union Minister that State government is going to construct Rajiv Gandhi Day Boarding Schools in the state with the campus area of approx five hectares and requested for limit of diversion of forest land under Forest Conservation Act,1980 for construction of schools in hilly areas may be relaxed and may be enhanced. upto 6 hectares in case of Eklavya Model Residential Schools. (EMRS) and 5 hectares in case of Day Boarding Schools.

  • He also requested that state government may be empowered to approve diversion of forest land under FCA 1980 for non forestry purpose upto 5 hectare.
  • Chief Minister apprised that state government has decided to construct heliports in all the districts of the state and the proposals are still pending with the Ministry and requested for speedy approvals on priority basis.
  • The Union Minister assured of all possible assistance to state.
(Source: HP Government)