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The 12th edition of MILAN 2024 is being conducted at Visakhapatnam under the aegis of Eastern Naval Command.

About MILAN: Indian Navy’s flagship event 

• It  is a biennial multilateral naval exercise.
• It was conceived by the Indian Navy in 1995. 

MILAN Exercise 2024

• Theme: ‘Camaraderie, Cohesion, Collaboration’ 
• It will be conducted in two phases: Harbour Phase and Sea Phase.
• The Indian Navy showcased its Deep Submergence Rescue Vehicle (DSRV) to the delegates of 50 countries.
  • The DSRV can help in locating the disabled submarine, rescue the trapped personnel or provide them emergency supplies.

Significance of Exercise

• Maritime Cooperation: The MILAN exercise is an exemplary demonstration of India’s commitment towards promoting maritime cooperation and security in the Indian Ocean region.
• Defence Diplomacy: The Indian Navy is offering its submarine rescue capabilities to friendly countries that will further India’s defence diplomacy.
• In Sync with  Look East Policy:  It is in consonance with India’s  Look East Policy, ‘Act East policy’ and Security And Growth for All in the Region (SAGAR) initiative.

News Source: Indian Express

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A rare ape species, Skywalker Gibbon, has been found in Myanmar.

• The ape species has been named after a Star Wars hero and was first identified in China in 2017.
• Acoustic monitoring of the gibbon’s morning songs and non-invasive DNA sampling techniques were used to determine the species’ range.
• Skywalker gibbons in Myanmar are threatened by local habitat loss and degradation.

About Skywalker Gibbon

• Scientific Name: Hoolock tianxing (primate of the Hylobatidae family)
• IUCN Status: Endangered
• Habitat: They are found in the forests of the Gaoligong mountains, at the border between southwest China and northern Myanmar.
• • Geographical Distribution: Located between the North Mai Hka and Ayarwaddy rivers to the west and the Salween river to the east.
• Population size: Less than 150 individuals are known to exist in China and the population in Myanmar is unknown. 
  • It is one of three species of hoolock gibbon and is considered most endangered.
• Distinguishing Feature: Key differences between this species and its close relative, the eastern hoolock gibbon, include thinner eyebrows, a black or brown beard instead of a white one and incomplete white face rings on the females.
• Sleeping Habits: They sleep in trees, most often with their knees bent to their chests and their arms wrapped around themselves,
  • They usually sleep in the tallest trees and on hilltops or slopes.

News Source: Wildlife

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Climate change is leading to a significant mismatch in plant cycles and pollinators behaviour, which has multiple impacts on the phenology and other traits of plants.

Impact of Climate Change on Plants & Pollinators 

• Impact due to Rise in Temperature: 

  • Rapid Evolution of Plant: Warmer weather has resulted Significant changes 
    • Early flowering, 
    • low fruit production 
    • Low quality.
    • Low Nectar production: Reduced nectar production can diminish food sources for pollinators, accelerating their population decline. 
  • Due to UV-radiation: Colour of flower changes which makes less favourable conditions for  pollinators to pollinate on plants.

• Impact due to Selfing Syndrome:

  • Due to reduction in pollinators which helps in cross pollination resulting in them to perform self pollination, further leads to reduction in diversity .
  • Shift in Flowering Plants’ Reproduction: Reproductive evolution may stem from environmental changes such as habitat destruction.

• Ecosystem Impact of Decline of Pollinators: 

  • It could disproportionately affect certain plant species. 

• Impact due to Spread of Invasive Species: 

  • Shifts Pollinators away from traditional species.

• Biodiversity Effects : 

  • The effects of climate change on species fitness and persistence are increasing &  its diverse impacts on biodiversity and ecological interactions. 

• Impact due to rise in Carbon Dioxide: 

• • Which alters the nutritional quality of plant products due to change in pollinators incidence.

News Source : DTE

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The United States rejected a proposed resolution (Algerian-draft resolution)  in the UN Security Council regarding the Israel-Hamas war, preventing a call for an immediate humanitarian ceasefire.

About Algerian-Draft Resolution

• The Algerian-drafted resolution is a proposed resolution by Algeria.
  • It aims to seek an immediate ceasefire between Israel and Hamas.
• 13  members of the council supported the resolution, while Britain abstained from voting.

Voting on Algeria-Draft Resolution in UNSC

• Palestinians’ right to life: Voting in favour of the draft acknowledges the Palestinians’ right to life.
• Violence and collective Punishment: On the other hand, voting against it indicates approval of the severe violence and collective punishment imposed on palestinians. .

Reasons for U.S. Opposing the Immediate Humanitarian Ceasefire Resolution Algeria-Draft Resolution

• Hostage Negotiations Concerns: 

  • The resolution drafted by Algeria did not tie the ceasefire to the release of hostages. 

• Seeking a Long-term Solution:

  • Permanent Solution: Instead of a temporary pause, the U.S. wants a ceasefire that addresses the root causes of the conflict.
  • Security concern: US advocates for a lasting ceasefire that considers the security concerns of both sides.

• Preference for Ongoing Diplomacy:

  • The U.S. was already involved in diplomatic negotiations with Egypt, Israel, and Qatar.
    • The US believed these efforts were more effective than the Algerian resolution.

• Concerns about Hamas:

  • The U.S. views Hamas as a terrorist organisation.
  • They were concerned that the resolution didn’t address the need to weaken Hamas militarily.

• Israel’s Right to Self-defence:7

• • While acknowledging civilian casualties, the U.S. affirmed Israel’s right to defend itself.
  • Lack of humanitarian aid: They argued that the resolution didn’t adequately balance humanitarian aid with Israel’s security needs.

Concept of Veto Power in the UN

• Permanent Members and Veto Power:

  • Veto power to its five permanent members: The UN Security Council grants special veto power to its five permanent members: China, France, Russia, the United Kingdom, and the United States.
  • Status of nuclear-weapon states: These countries also hold the status of nuclear-weapon states as per the Treaty on the Non-Proliferation of Nuclear Weapons.

• Scope of Veto Power:

  • “Substantive” resolution: Permanent members can veto any “substantive” resolution, which are significant decisions.
    • However, their abstention or absence doesn’t prevent the adoption of a draft resolution.

• Exceptions to Veto Power:

  • Veto power does not apply to “procedural” votes, which are decisions about how the Council operates.
    • Permanent members themselves determine what constitutes a procedural vote.

• Selection of Secretary-General:

• • A permanent member can block the selection of a Secretary-General.
    • Formal veto isn’t necessary for this, as the vote happens privately behind closed doors.

News Source: Indianexpress

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Recently, the Government said that Four of the 20 relics of Buddha presently kept in the National Museum in New Delhi will be taken to Thailand.

Relics of Buddha at National Museum to Be on Display in Thailand

• The event is being organised with the support of the Ministry of External Affairs, the Indian Embassy in Thailand, the International Buddhist Confederation and the Madhya Pradesh government.
• This is for the first time that the revered relics of Lord Buddha, along with those of his disciples, Arahata Sariputra and Arahata Maudgalayana, will be showcased together.

About the Sacred Relics

• Definition: Relics are sacred objects associated with holy individuals. In most cases, relics are objects that are recovered from the holy person’s tomb or cremation.
  • They may be literal body parts (teeth, hair, bones) or objects which the holy person used or touched. 
  • In many traditions, relics are believed to have special powers to heal, grant favours, or exorcise demons.
• Placed: They are usually housed in a sacred place such as a church, stupa, temple, or palace; today, some are kept in museums.
• Rare Category: The relics fall under the ‘AA’ (rare) category of antiquities and art treasures and are not meant to be lent for exhibitions, within India or in foreign nations. 
  • But the exposition in Thailand was being held upon a “special request” by the Thai Government.
• Recovered: The relics at the National Museum are known as the ‘Kapilvastu Relics’ as they were recovered in 1898 from a site in Bihar believed to be the ancient city of Kapilvastu.
• An Inscribed Casket: It was an inscribed casket found at the stupa site in Piprahwa (near Siddharth Nagar in Uttar Pradesh) that helped identify Kapilavastu. 
  • The casket contained the relics of Buddha and Sakya, his community. 
  • The relics of his two disciples are preserved in Madhya Pradesh’s Sanchi.

Current Status Of Sacred Relics

• Exhibited: Portions of this collection of sacred relics have been taken to Sri Lanka (1976, 2012), Mongolia (1993, 2022), Singapore (1994, 2007), South Korea (1995) and Thailand (Dec 1995). 
  • It will be only the second relics exhibition to Thailand.
• Preservation: The sacred relics (20 bone fragments) loaned by Archaeological Survey of India to National Museum, are now in the safe custody of National Museum, New Delhi and remaining two with the Indian Museum, Kolkata. 

Distribution of the Sacred Relics

• Relics, a Signifier of Buddha: Though Buddha had attained nirvana, his precious body relics were to be revered as signifiers of the Buddha Himself. 
  • Mahavastu declared that “when the relics are seen, the Buddha is seen.”
• Cremation of the Body: The Mallas of Kushinagara cremated his body with ceremonies befitting a Universal King. His holy relics, from the funeral pyre were collected and divided and given by Brahmin priest Dhona of Kushinagar to kings and priests.
• Eight Shares: These were distributed among Ajatashatru of Magadha, the Licchavis of Vaishali, the Sakyas of Kapilavastu, Mallas of Kushinagar, Bullies of All-Kappa, the Mallas of Pava, the Koliyas of Ramagrama and a Brahmana of Vethadipa.
• Contribution of Ashoka: Ashoka, being an ardent follower of Buddhism, opened-up 7 of these 8 stupas, and collected major portion of the relics for enshrinement within innumerable (84000 stupas) built by him in an effort to popularise Buddhism and spread dharma.

About Kapilavastu Piprahwa

• Excavated: The relics under the care of the National Museum, New Delhi were excavated from Piprahwa in the Siddharthnagar District of UP, an erstwhile part of the ancient city of Kapilavastu. 
• Discovered: By William Claxton Peppé.
• Further Excavations: By the Archaeological Survey of India in 1971-77 brought to light two more steatite relic caskets, containing a total of 22 sacred bone relics, 12 sacred relics from the bigger casket and 10 sacred relics from the smaller casket.
  • This was followed by the discovery of more than 40 terracotta sealings from different levels and spots in the eastern monastery at Piprahwa, establishing that Piprahwa was the ancient Kapilavastu.

News Source: PIB

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The Central Consumer Protection Authority has recently sought public comments on Draft Guidelines for the Prevention and Regulation of Greenwashing.

About Greenwashing

• Term Coined by: by Environmentalist Jay Westerveld in 1980’s.

Greenwashing: Definition (According to Draft Guidelines)

• Greenwashing as “any deceptive or misleading practice, which includes concealing, omitting, or hiding relevant information, by exaggerating, making vague, false, or unsubstantiated environmental claims and use of misleading words, symbols, or imagery, placing emphasis on positive environmental aspects while downplaying or concealing harmful attributes”.

About Draft Guidelines

• Objective: To Ensure consumers get the right information for making a conscious decision rather than blindly relying on the claims
• Applicable to: All advertisements & Service providers, product seller, advertiser, or an advertising agency/ endorser whose service is availed for the advertisement of such goods or services. 

• Disclosures to Be Made by the Company Making Green Claims 

• • Claims in Ads: Ensure all environmental claims in ads or communications are fully disclosed, either directly or through technology like QR codes or web links. 
  • Avoid Selective Presentation: To favorably highlight environmental claims while hiding unfavorable aspects. 
  • Scope Definition or Terms: Clearly define the scope of environmental claims, specifying whether they relate to products, manufacturing processes, packaging, product usage, disposal, services, or service provision processes. 
    • Use of Specific Terms with Adequate Disclosures:  It  also provides vague terms such as ‘green’, ‘eco-friendly’, ‘eco-consciousness’, ‘good for the planet’, ‘cruelty-free’, and similar assertions to be used only with adequate disclosures.
  • Verifiable Evidence: All environmental claims shall be backed by verifiable evidence. 
  • Verified Comparative claims: Compare one product or service to another must be based on verifiable and relevant data. 
  • Substantiation with Certification: Substantiate specific environmental claims with credible certification, reliable scientific evidence, and independent third-party verification for authenticity.

Initiative Related to Greenwashing 

At Global Level:  

• Policy of zero tolerance towards greenwashing, urging private corporations to rectify their practices by the United Nations Secretary-General at COP27.
•  Rectification of World’s inaugural green bond standards as a measure to combat greenwashing by the EU.
• Consistent sustainability and climate standards : By International Sustainability Standards Board (ISSB) for global corporate adherence, commencing in 2024.

At National Level:

• Classified as an unfair trade practice under the Consumer Protection Act of 2019 in India.
• SEBI Directives for issuers of green debt securities, aiming to ensure transparency and prevent greenwashing. 
• SEBI’s Business Responsibility and Sustainability Reporting (BRSR) Norms have been introduced to regulate corporate reporting practices in relation to sustainability. 
• Participation in the Greenwashing TechSprint by RBI : organised by the Global Financial Innovation Network (GFIN).
• A 9-point draft of guidelines by The Advertising Standards Council of India (ASCI) : aimed at addressing “greenwashing” practised by companies.

Concerns Regarding GreenWashing

• Concerns with respect to Climate Goals: Misleading or exaggerated information about environmental initiatives could dilute the authenticity of climate goals. 
• Undeserved Recognition creates Market Distortion:  Entities engaging in deceptive practices may gain an unfair advantage over those adhering to genuine environmental standards. 
• Challenges to Carbon Credit Systems: Expansion of credit sources and certification by unofficial entities raises concerns about transparency and reliability.

News Source: AIR

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Dr Shashi Tharoor, a renowned writer and a former diplomat was awarded the highest civilian honor of France, known as the “Chevalier de la Legion d’honneur.”

Dr Shashi Tharoor Honoured with France’s Highest Civilian Award

• Dr Shashi Tharoor was honored by France for strengthening ties between India and France, promoting global peace, and maintaining a longstanding friendship with France.

About “Chevalier de la Légion d’honneur.”

• This award was established in 1802 by Napoleon Bonaparte.
• Other name: This award is also known as  ‘Knight of the Legion of Honour’.
• Purpose: To Acknowledge remarkable achievements and expertise across various fields.
• Symbolizes recognition for individuals contributing significantly to society, displaying excellence and dedication.
• Motto: “Honneur et Patrie” (Honour and Fatherland).
• Headquarters: Palais de la Légion d’honneur in Paris, near the Musée d’Orsay.

Structure of the Order:

• • Comprises five classes: Grand Cross (limited to 80 members)

• • Grand Officer (200)
  • Commander (1,000)
  • Officer (4,000)Knight, or Chevalier (unlimited).
• Inclusivity and Egalitarianism: This system ensures inclusivity and egalitarianism by admitting men and women, French citizens and foreigners, civilians, and military personnel.

Criteria For Admission

• 20 years experience: It  requires 20 years of exceptional civil achievement during peacetime or extraordinary bravery and service in times of war.
• Posthumous conferral: It allows for posthumous conferral to honor significant contributions made even after death.

News Source: Thehindu

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Recently, the World Health Organization (WHO) launched the Global Initiative on Digital Health (GIDH) virtually, a platform for sharing knowledge and digital products among countries.

About Global Initiative On Digital Health (GIDH):

• Four Main Components Of Global Initiative On Digital Health

• Need: While nearly half the world’s population might not have access to health services they need, nearly 90% have access to a 3G connection showing the potential for digital health.
• Support to Countries: Global Initiative On Digital Health (GIDH) will support countries in three ways:
  • By listening to their needs
  • By aligning resources to avoid fragmentation and overlap
  • By providing quality assured products

• Significance Of Global Initiative On Digital Health

• • Democratization of Digital Health Technologies: The platform will help in democratising digital health technologies, especially for countries of the Global South.
  • A Platform for Shared Vision: There is fragmentation and overlap because new tools are built without following common standards or shared vision. GIDH is in the direction of systems that can speak to each other. 
  • Record Maintenance Platform: Health workers should not have to carry different devices for different diseases or have to maintain both electronic and physical records. 

India’s Committed Actions Towards Digital Health

• Global Initiative On Digital Health (GIDH): This GIDH initiative was a key deliverable of India’s G20 presidency and is a testament to the shared goal of digital health.
• Ayushman Bharat Digital Mission: It creates safe health accounts for all and the teleconsultation platform E Sanjeevni providing 140 million consultations so far.
• CoWIN Platform: It helped to track covid cases digitally, maintaining vaccination drive and issue of digital, verifiable vaccination certificates. 

News Source: The Indian Express

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The Ministry of Corporate Affairs has notified the introduction of the “Leniency Plus” regime to revolutionise AntiTrust enforcement in the country

What Is Leniency Plus?

• Leniency Plus is an incentive program introduced by the Ministry of Corporate Affairs (MCA) in India to encourage companies to disclose their involvement in cartels and cooperate with authorities in their investigations.
• It essentially works by offering companies reduced penalties or even immunity from prosecution in exchange for their cooperation.

It Aims to Strengthen the Fight Against Cartels in India by

• Motivating companies to self-report their involvement in cartels.
• Providing valuable information to authorities for more effective investigations.
• Deterring future cartel activity by increasing the risks and reducing potential rewards.

Feature of Leniency Plus

• Additional Penalty Reduction: Companies that have already filed a leniency application for a cartel and subsequently disclosed another cartel can receive an additional reduction of up to 30% in the penalty for the first cartel. 
• Encouraging Disclosure: Under the regime, companies under investigation for one cartel would be encouraged to report other unknown cartels to the Competition Commission of India.
• Enhanced Discovery: Such a program helps competition authorities discover secret cartels and obtain insider evidence of the infringement.
• Wider Scope: The program covers a wider range of anti-competitive agreements than the standard leniency program.
• International Recognition: The regime is already recognised in jurisdictions like the UK, US, Singapore, and Brazil.

News Source: The Hindu

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This article is based on the news “India contributes 1 million US Dollars to Poverty and Hunger Alleviation Fund” which was published in the All India Radio. India participates in the 3rd IBSA Sherpas and Sous-Sherpas Meeting.

• India has contributed 1 million US Dollars to the Poverty and Hunger Alleviation Fund established by India-Brazil-South Africa (IBSA).

About IBSA (India-Brazil-South Africa) and IBSA Fund

• Brasilia Declaration: signed in 2003  by the Foreign Ministers of the three countries in Brasilia (Brazil)

• • IBSA was formalised  and named the IBSA Dialogue Forum.
• Members: Trilateral developmental forum of India, Brazil and South Africa.
• Objectives: 
  • Construction of a new international architecture
  • Voice together on global issues.
  • Open itself to cooperation and partnership with less developed countries.
• Principles: Participatory democracy, Respect for human rights and the Rule of Law.
• Headquarters: Open and flexible structure.
  • No headquarters or a permanent executive secretariat.
• Contribution: Each IBSA member country is required to contribute $1 million per annum to the fund.
• IBSAMAR (IBSA Maritime Exercise): Joint Naval Exercise.
  • IBSAMAR VII was conducted on 2022.
• IBSA Fund: established in March 2004, operational in 2006.
  • IBSA Fund managed by the United Nations (UN) Office for South-South Cooperation (UNOSSC). 
  • Purpose: is to identify replicable and scalable projects that can be disseminated to developing countries on a demand-driven basis.
  • Awards: UN South-South Partnership award 2006, UN MDG (Millenium Development Goals) award 2010, and the South-South and Triangular Cooperation Champions award in 2012.
• IBSA Fellowship Programme: Instituted with the support of the Ministry of External Affairs, Government of India.
  • promote academic exchange of young scholars.
  • strengthen research collaboration for South-South Cooperation.

• India and IBSA: 

  • India was the IBSA Chair under the theme “Democracy for Demography and Development” in 2021. 
  • 6th IBSA Summit hosted by India in 2022.
  • Brazil assumed the rotating presidency of IBSA on March 2, 2023.

• Importance of IBSA: 

• • Greater Role at UNSC: significant for India’s greater role at the UN Security Council (UNSC).
  • Shared Security and Political concerns: Terrorism, human trafficking and maritime security, West’s unwillingness to yield space in global governance and the growing  influence of China in their respective neighbourhoods.
  • Common Agenda: Maritime security, freedom of navigation, climate change and energy security.
  • South–South Cooperation: Brazil and South Africa being resource rich, and India being manpower rich can join together to create an effective manufacturing base.

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This article is based on the news “What is Article 142, invoked by Supreme Court to overturn Chandigarh mayoral poll results?” which was published in the Indian Express. The Supreme Court invoked the powers of Article 142 of the constitution in overturning the results of controversial Chandigarh’s mayoral election.

Chandigarh Mayor Election 2024: Key Highlights

• Annual Mayoral elections had been conducted for the Chandigarh Municipal Corporation, consisting of 35 councillors. 
• Defacing Discovered: The returning officer was caught on security camera “defacing” eight ballot papers.
• Supreme Court Observation: The Supreme Court condemned the incident as “Mockery of Democracy” and ordered the ballots, records and security camera footage to be handed over to the Punjab and Haryana High Court’s Registrar-General, for producing it in the SC.

What Happened In Chandigarh Mayor Elections?

The Bharatiya Janata Party (BJP) emerged victorious in the Chandigarh mayoral polls on January 30, securing a win over the Aam Aadmi Party-Congress alliance candidate. 

• The returning officer declared eight votes from the coalition partners as invalid, sparking allegations of ballot tampering.

Key Highlights of Supreme Court Verdict on Chandigarh Mayor Elections

• Upholding Electoral Democracy: The Supreme Court asserted its responsibility to do complete justice under Article 142 to ensure that the process of electoral democracy is not thwarted by subterfuges at all levels of the electoral process.
• Review Over Re-election: Instead of ordering a new election, the Court reviewed the election results, identifying that issues occurred specifically during the counting and declaration stages.
• Action Against Malpractice: A bench led by CJI took action against the Returning Officer for malpractice during the mayoral elections, issuing a show-cause notice under 340 (conduct affecting the administration of justice) for his conduct.
• Concern Over Political Integrity: The Chief Justice expressed deep concern over political integrity, highlighting instances of “horse trading” among counsellors.

Article 142: Indian Constitution

• Discretionary Powers: Article 142 of the Indian Constitution provides discretionary power to the Supreme Court. 
  • It empowers the court to  pass decrees or make orders necessary for doing complete justice in any cause or matter pending before it.

Expansion of the Scope of Article 142

• Prem Chand Garg Case (1962): Established that orders under Article 142 providing complete justice to the parties, must align with the Constitution and cannot contradict statutory laws. 
  • It also emphasised the need for consistency between fundamental rights and substantive legal provisions (parliamentary laws).
• Antulay Case (1988): A seven-judge bench reaffirmed the Prem Chand Garg ruling, upholding the principles set regarding the exercise of powers under Article 142.
• Union Carbide Corporation vs Union of India Case (1991): The Supreme Court expanded the understanding of Article 142, clarifying its wide scope and asserting that statutory limitations do not restrict its constitutional powers. 
  • The court emphasised that Article 142 operates on a distinct level, highlighting the supremacy of constitutional provisions over ordinary laws.

Significance of Article 142

• Justice Restoration: Article 142 grants the Supreme Court unique and powerful authority to ensure complete justice for parties affected by legal injustices or irregularities in their cases.
• Uphold Citizen’s Rights: Article 142 protects the rights of the different sections of the population, especially the vulnerable section.
• Checks and Balances the Government Actions: The provision works as a system of checks and balances with the Government or Legislature.
• Fills the Legislative Vacuum: In cases of legal void as seen in 2002 Bhanwari Devi case, where there were no laws against workplace sexual harassment, the Supreme Court established the Vishaka guidelines to fill the legal gap and ensure justice.
• Addressing Executive Non-compliance: The executive’s non-compliance in Bihar during trials resulted in a high number of undertrials, leading to the SC’s  intervention in the 1979 Hussainara Khatoon Case, pioneering Public Interest Litigation (PIL) in India.

Criticism of Article 142

• Arbitrary and Ambiguous Powers: Article 142’s broad powers have drawn criticism for their potential for arbitrary use, largely due to the undefined concept of “complete justice,” leading to concerns about the Supreme Court’s discretion.
  • Checks and balances provided: 
    • Supreme Court Bar Association vs Union of India (1998): The SC held that the powers under Article 142 are supplementary in nature and could not be used to supplant or override a substantive law.
      • It cannot be used to build a new edifice where none existed earlier.
      • Article 142 grants the Supreme Court curative powers, emphasising that these powers do not permit the court to overlook the fundamental rights of individuals involved i n legal proceedings.
      • The provision cannot be used to achieve something indirectly which cannot be achieved directly.
    • A. Jideranath vs Jubilee Hills Co-op House Building Society (2006): The ruling highlighted that exercise of Article 142 does not cause injustice to non-parties of a case.
• Judicial Accountability and Overreach: Lack of accountability for the judiciary compared to the legislature and executive, raises concerns about judicial overreach. 
  • It is claimed that judiciary’s venture into areas of law making ultra vires with the separation of powers doctrine. Ex., Ban on sale of alcohol along national and state highways.
  • Checks and Balances: 
    • Provisions of Article 142 should be reserved for exceptional situations unforeseen by existing laws.
    • State of Karnataka vs Umadevi (2006) clarified that “complete justice” should be in accordance with law, not based on sympathy, and should avoid encroaching on legislative domain.
• Economic Impact: The judicial verdicts affect the economic policy of the government. 
  • The Supreme Court’s ruling to prohibit liquor sales near highways led to significant losses in the hospitality sector, causing unemployment for many.
• Lack of Expertise: The Court, proficient in legal matters, may lack specialised knowledge in policy making, affecting its decisions on broader legislative issues.
• Legitimacy Issues: Judicially enacted laws miss the extensive scrutiny and debate seen in Parliament, leading to concerns about their legitimacy.

Way Forward

• Defining “Complete Justice”: The apex court should take efforts to define the term “ Complete Justice” to define the scope and reach of judicial interventions. This could be done by creating a constitutional bench dealing with the same.
• Studying Article 142 Cases: The government should publish a white paper analysing the judgement’s impacts, both positive and negative, in all such cases where Article 142 was invoked.
• Cautious use of Article 142: The Supreme Court should use Article 142 cautiously, keeping in mind democratic system and upholding the principles of justice, and constitutional values.
• Avoiding Judicial Overreach: The powers must always operate within the bounds of constitutional and statutory provisions. Going beyond these limits may lead to injustices rather than the delivery of justice itself.

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