18 November 2024 : The Hindu Editorial Analysis

1. Two cheers for the top court’s ‘bulldozer’ judgement

(Source – The Hindu, International Edition – Page No. – 8)

Topic: GS2 – Indian Polity – Judiciary

Context

The Supreme Court of India recently addressed the issue of unlawful demolitions, widely referred to as “bulldozer raj.” This practice, occurring over the past three years, involved demolishing homes of individuals accused of offences, often amid communal tensions. The judgement condemned this practice, stating it violated the rule of law, separation of powers, and turned the executive into judge, jury, and executioner.

Key Issues Raised by the Judgment

Delay in Action

• Despite these demolitions beginning during protests against the Citizenship Amendment Act and National Register of Citizens, the Supreme Court acted only after three years.
• The delay raises questions about providing compensation or redress for victims of past demolitions.
• While state officials responsible for illegal demolitions are held personally liable, the judgement lacks clarity on retroactive application.

Two-Faced State Justifications

• Publicly, politicians celebrated demolitions as instant justice.
• In court, municipal authorities justified actions under “illegal” or “irregular” constructions, masking targeted demolitions.
• The Court noted signs of mala fide actions, such as selective demolitions or collective punishment, yet addressed them hypothetically rather than acknowledging the evident material reality.

Guidelines to Prevent Misuse

Transparency and Due Process

• Before any demolition, the state must:
  • Serve notice to affected individuals with at least 15 days to reply.
  • Provide a personal hearing.
  • Allow a 15-day appeal period after the demolition order becomes final.
• These steps aim to prevent immediate and arbitrary demolitions.

Proportionality in Action

• Municipal officials must justify why demolition is the only recourse.
• Alternatives like regularisation or partial demolition must be considered.
• Non-compliance will lead to personal liability for erring officials.

Measures Against Backdating Notices

• The Court introduced transparency mandates to counteract fraudulent notices and backdating.
• This ensures accountability and fairness in the process.

Implementation and Challenges

• The effectiveness of these guidelines depends on consistent implementation by lower benches.
• Past cases of hate speech and lynching saw guidelines issued but lacked enforcement, rendering them ineffective.

Exclusion of Vulnerable Groups

• The judgement exempts public land structures, such as those on railway tracks or roads, leaving slum dwellers and other marginalised communities unprotected.
• Vulnerable groups living in informal settlements face the greatest need for protection against forced evictions.
• The judgement’s partial application highlights the need for stronger protections to secure the right to shelter for all citizens.

Conclusion

• While the Supreme Court’s judgement makes significant strides in curbing the misuse of demolitions for political purposes, it falls short of addressing redress for past victims and protecting the most vulnerable sections of society.
• The struggle for ensuring the right to shelter and due process for all remains ongoing.

Practice Question:  Examine the implications of the Supreme Court’s recent judgement on arbitrary demolitions, focusing on its impact on the rule of law, due process, and the protection of vulnerable sections of society.  (150 Words /10 marks)

2. A devastating blow to global climate efforts

(Source – The Hindu, International Edition – Page No. – 9)

Topic: GS2 – International Relations,  GS3 – Environment

Context

The article discusses the potential rollback of U.S. climate policies under a Republican administration led by Donald Trump, including reduced federal climate programs and withdrawal from global commitments like the Paris Agreement. It highlights threats to climate science, global emissions targets, and clean energy investments.Amidst these challenges, domestic clean energy momentum offers cautious hope.

Seismic Shift in U.S. Climate Policy

• With the Republicans controlling the U.S. government, a major reversal in American climate policy is expected, threatening years of climate progress.

Project 2025: A Conservative Vision for Climate Policy

• Key Proposals:
  • Reduction of federal climate science programs and installation of politically appointed “science advisers” at the Environmental Protection Agency (EPA).
  • Potential dismantling of the EPA’s 2009 endangerment finding, which defines greenhouse gases (GHGs) as threats to public health, possibly excluding GHGs from future environmental regulations.
  • Calls for ending green subsidies and opposing “climate reparations” for developing nations, undermining climate justice.

Challenges to Climate Science and Clean Energy

• Fossil fuel companies are expected to gain more operational freedom.
• Federal funding for scientific institutions researching renewable energy and battery storage could be significantly reduced, impacting U.S. competitiveness in the global clean energy economy.
• Climate misinformation is expected to increase, disconnecting the public from the scientific realities of climate change.

Global Climate Goals and Challenges

• According to the IPCC, current Nationally Determined Contributions (NDCs) will lead to 51.5 Gt CO2 emissions by 2030, only 2.6% lower than 2019 levels.
• The reductions fall short of the 43% decrease required to meet the 1.5°C target and the 27% needed for the 2°C target, putting the world on a trajectory toward a 2.8°C temperature increase.
• This trajectory would consume 86% of the remaining carbon budget for the 1.5°C target by 2030.

COP29 and U.S. Climate Diplomacy

• At COP29, the US administration is unlikely to commit to significant climate finance, a stance consistent with prior Republican administrations.
• The U.S., responsible for about 25% of cumulative global GHG emissions, is expected to deflect blame onto political leaders for inaction.

Reasons for Optimism

• Market forces are driving a global clean energy transition, with Republican-led U.S. states also embracing renewable energy investments.
• States, cities, and businesses in the U.S. continue to view climate action as vital for long-term prosperity, offering a foundation for progress in a challenging political climate.

Practice Question:  Discuss the implications of shifting U.S. climate policies on global climate governance and justice. How can developing nations address these challenges while striving to meet the Paris Agreement goals? (150 Words /10 marks)