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Showing posts from October, 2022

Governor’s discretion to dismiss the Ministry

A very controversial question regarding the Governor’s discretion is his power  to dismiss the Ministry. As at the Centre, so in a State, the Council of Ministers is  collectively responsible to the Legislative Assembly and holds office during the  Governor’s pleasure. A non-controversial use of the Governor’s power is the dismissal of a Minister  who has lost the confidence of the Chief Minister, or the dismissal of a Ministry  which has demonstrably lost majority support in the Legislative Assembly. When a Ministry enjoying the majority support, however, acts to thwart the  Constitution, or makes a mockery of the democratic and parliamentary institutions,  or infringes a specific constitutional obligation, e.g. , it fails to convene the  Legislature within six months of the last session, recourse may be had to the  Presidential power under Art. 356.   It may not be possible for the Governor to  use his own power to dismiss the Ministry in such a situation, for then he will  have

Amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021

Key changes effected in the rules are as under: (a)  Currently, intermediaries are only required to inform users about not uploading certain categories of harmful/unlawful content. These amendments impose a legal obligation on intermediaries to take reasonable efforts to prevent users from uploading such content. The new provision will ensure that the intermediary ’ s obligation is not a mere formality. (b)  For effective communication of the rules and regulations of the intermediary, it is important that the communication is done in regional Indian languages as well. (c)  The grounds in rule 3(1)(b)(ii) have been rationalized by removing the words  ‘ defamatory ’  and  ‘ libellous ’ . Whether any content is defamatory or libellous will be determined through judicial review. (d)  Some of the content categories in rule 3(1)(b) have been rephrased to deal particularly with misinformation, and content that could incite violence between different religious/caste groups. (e) The amendment r

Gene Editing vs GMO (genetically modified organism)

Gene Editing: Gene editing is a newer technique that is used to make specific and intentional changes to DNA. Gene editing can be used to insert, remove, or modify DNA in a genome. All gene editing technologies involve an enzyme known as a nuclease for cutting the DNA, in addition to a targeting mechanism that guides the enzyme to a specific location on the DNA strand (i.e., a gene within the genome). Gene editing has traditionally involved the insertion, removal, or modification of a single gene, but with CRISPR-Cas9 multiple genes can be targeted simultaneously. Such multi-gene editing is generally referred to as genome editing. CRISPR-Cas9: CRISPR is an acronym for “clustered regularly interspaced short palindromic repeats,” which are unique DNA sequences found in some bacteria and other microorganisms. These sequences, along with the genes that are located next to them, known as CRISPR-associated or Cas genes, form an immune system that protects against viruses and other infect

Wildlife Protection and Aquatic Ecosystems in India

  The Central Government has enacted legislations like the Wild Life (Protection) Act, 1972, the Forest (Conservation) Act, 1980 and the Environment (Protection) Act, 1986 for protection and conservation of Environment, Forest and Wildlife area of the country. The Government has also issued the Coastal Regulation Zone Notifications under the Environment (Protection) Act, 1986 with a view to  inter-alia  ensure livelihood security to the fisher communities and other local communities living in the coastal areas, to conserve and protect coastal stretches and its unique environment and its marine areas. The Ministry of Environment, Forest and Climate Change (MoEFCC) implements  Centrally Sponsored Schemes namely, ‘National Plan for Conservation of Aquatic Eco-systems’ for conservation and management of wetlands; ‘Conservation and Management of Mangroves and Coral Reef’ for protection, conservation and management of mangroves and coral reef; and ‘Development of Wildlife Habitats’ for c

Wetlands ( Conservation and Management ) in India

According to the definition of wetland under Wetlands (Conservation and Management) Rules 2017, an area of marsh, fen, peat land or water; whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt, including areas of marine water the depth of which at low tide does not exceed six meters, are considered as wetlands. Further, the Ministry of Environment, Forest & Climate Change (MoEF&CC) is currently implementing a centrally sponsored scheme namely, National Plan for Conservation of Aquatic Eco-systems (NPCA) for conservation and management of identified wetlands (includes lakes) in the country on cost sharing basis between Central Government and respective State Governments. The scheme covers various activities such as interception, diversion and treatment of wastewater, shoreline protection, lake front development, in-situ cleaning i.e., desilting & de-weeding, storm water management, bioremediation, catchment area

Integrated Coastal Zone Management (ICZM) and Beach Environment & Aesthetic Management Service (BEAMS) Programme

With a view to protect and conserve the coastal and marine ecosystems and environment through a holistic coastal management, the Ministry of Environment, Forests & Climate Change launched the Integrated Coastal Zone Management (ICZM) activities in India for a holistic approach with an interactive, dynamic, multidisciplinary, and iterative planning process  to promote sustainable development & managemen t of coastal zones through its own wing SICOM. The concept of ICZM was introduced in 1992 during the Earth Summit at Rio de Janeiro and most of the coastal countries in the World have been adopting ICZM principles for managing their coastal zones. Thus, adoption of ICZM principles for managing and sustainably developing our coastal regions is helping India in keeping with its commitments to international agreements on ICZM. Under the Integrated Coastal Zone Management Project, the Ministry of Environment, Forest & Climate Change (MoEFCC) has piloted Beach Environment &a

BLUE FLAG BEACH CRITERIA

The Blue Flag Programme for beaches, marinas and tourism boats is run by the international, nongovernmental, non-profit organisation FEE (the Foundation for Environmental Education). The Blue Flag Programme started in France in 1985. It has been implemented in Europe since 1987 and in areas outside of Europe since 2001 when South Africa joined. Today, Blue Flag has become a truly global Programme, with an ever-increasing number of countries participating in it.  The Blue Flag Programme promotes sustainable development in freshwater and marine areas. It challenges local authorities and beach operators to achieve high standards in the four categories of water quality, environmental management, environmental education and safety. Over the years, the Blue Flag has become a highly respected and recognised award working to bring together the tourism and environmental sectors at local, regional and national levels. https://static1.squarespace.com/static/55371ebde4b0e49a1e2ee9f6/t/5fbf70eee1

Biotechnology, Cell hybridisation, Gene Technology, Genetic engineering and Microorganisms

(i) “Biotechnology” means the application of scientific and engineering principles to the  processing of materials by biological agents to produce goods and services; (ii) “Cell hybridisation” means the formation of live cells with new combinations of genetic  material through the fusion of two or more cells by means of methods which do not  occur  naturally; (iii) “Gene Technology” means the application of the gene technique called genetic engineering,  include self cloning and deletion as well as cell hybridisation;  (iv) “Genetic engineering” means the technique by which heritable material, which does not usually occur or will not occur naturally in the organism or cell concerned, generated outside the organism or the cell is inserted into said cell or organism. It shall also mean the formation of new combinations of genetic material by incorporation of a cell into a host cell, where they occur naturally (self cloning) as well as modification of an organism or in a cell by deletion

Competent Authorities related to Manufacture, Use/Import/Export and Storage of Hazardous Micro Organisms/ Genetically Engineered Organisms or Cells

(1) Recombinant DNA Advisory Committee (RDAC): This committee shall review developments  in Biotechnology at national and international levels and shall recommend suitable and  appropriate safety regulations for India in recombinant research, use and applications from time to  time. The Committee shall function in the Department of Biotechnology. (2) Review Committee on Genetic Manipulation (RCGM): This committee shall function in the  Department of Biotechnology to monitor the safety related aspects in respect of on-going research  projects and activities involving genetically engineered organisms/hazardous microorganisms. The  Review Committee on Genetic Manipulation shall include representatives of : (a) Department of  Biotechnology,   (b) Indian Council of Medical Research,  (c) Indian Council of Agricultural  Research,   (d) Council of Scientific and Industrial Research,   (e) other experts in their individual  capacity. Review Committee on Genetic Manipulation may appoint sub g

Prompt Corrective Action (PCA) Framework

 Under the powers conferred under RBI Act, 1934 and Banking Regulation Act, 1949, Reserve Bank has been taking bank-specific supervisory corrective actions where the financial position warrants such measures. These included directing banks to submit quarterly Monitorable Action Plans and progress reports on various targets set by the Reserve Bank, such as augmentation of capital, improvement in profitability, reduction of NPAs, reconciliation of entries in inter-branch, inter-bank and nostro accounts, review / renewal of borrowal accounts, etc. In extreme cases, Reserve Bank had also put caps on credit-deposit ratio, restrictions on payment of dividend, call money borrowings and raising of high cost deposits including Certificate of Deposit, ban on recruitment, opening of branches, etc. Where the financial position so warrants, Reserve Bank effects changes in the management of banks by removal of the Chief Executive Officer or Directors of the Board. In addition, RBI appoints additiona

Nano Urea (Liquid) Fertilizer

 IFFCO Nano Urea is the only Nano fertilizer approved by the Government of India and included in the Fertilizer Control Order (FCO). It is developed and Patented by IFFCO. Application of 1 bottle of Nano Urea can effectively replace at least 1 bag of Urea. It has been tested on more than 90 crops across 11,000 locations in collaboration with ICAR- KVKs, Research Institutes, State Agriculture Universities and progressive farmers of India. When sprayed on leaves, Nano Urea easily enters through stomata and other openings and is assimilated by the plant cells. It is easily distributed through the phloem from source to sink inside the plant as per its need. Unutilized nitrogen is stored in the plant vacuole and is slowly released for proper growth and development of the plant. Small size (20-50 nm) of Nano Urea increases its availability to crop by more than 80%. https://www.iffco.in/en/nano-urea-liquid-fertilizer

Hurricane, Cyclone and Typhoon

 A tropical cyclone is a rapid rotating storm originating over tropical oceans from where it draws the energy to develop. It has a low pressure centre and clouds spiraling towards the eyewall surrounding the "eye", the central part of the system where the weather is normally calm and free of clouds. Its diameter is typically around 200 to 500 km, but can reach 1000 km. A tropical cyclone brings very violent winds, torrential rain, high waves and, in some cases, very destructive storm surges and coastal flooding. The winds blow counterclockwise in the Northern Hemisphere and clockwise in the Southern Hemisphere. Tropical cyclones above a certain strength are given names in the interests of public safety.   Hurricane, cyclone and typhoon are different terms for the same weather phenomenon: torrential rain and maximum sustained wind speeds (near centre) exceeding 119 kilometers per hour: In the western North Atlantic, central and eastern North Pacific, Caribbean Sea a