Daily Current Affairs: 06 SEPTEMBER 2023

Why News?

Bharat’ Replaces ‘India’ In G-20 Invite From President

What is the issue?

· Invitations sent by President Droupadi Murmu to the heads of states and government and the Chief Ministers of Indian States for an official banquet on the occasion of the G-20 Summit in New Delhi created a flutter as the word “India” was replaced with “Bharat”.

· Instead of the usual “President of India”, the invitation cards said “President of Bharat”.

· It is clearly stated in the Constitution that ‘India, that is Bharat, is a Union of states’ so where is there any need for any change

Legality of the Issue:

· Any change of name would require a constitutional amendment under Article 368.

· Article 348(1) of the Constitution states that all proceedings in the Supreme Court and in every High Court shall be in English language until Parliament passes a law. If they want to pass such a law, then that would be a federal issue

Why in news?

Laws governing forests of the Northeast

What is the issue?

· On August 22, the Mizoram Assembly unanimously passed a resolution opposing the Forest (Conservation)Amendment Act, 2023, “to protect the rights and interest of the people of Mizoram

· The amendment allows the diversion of forest land for roads, railway lines or “strategic linear projects of national importance and concerning national security” within 100 km of India’s international borders or lines of control, without a forest clearance under the Forest (Conservation) Act (FCA) 1980.

· Some State governments have argued that forest conservation falls under the Concurrent List, which means both the Center and States have a role in the matter.

Is FCA applicable to the Northeast?

· Special constitutional protections, such as Article 371A for Nagaland and 371G for Mizoram, prohibit the application of any law enacted by Parliament that impinges on Naga and Mizo customary law and procedure, and ownership and transfer of land and its resources.

· Such laws can be extended to these States only if their Legislative Assemblies decide thus in a resolution.

Case with Nagaland:

· In 1986, Nagaland extended the application of the FCA “to government forests and such other forests and Wildlife Sanctuaries under the control of [the] State Government” Later, in November 1998, the Environment Ministry contradicted itself, when it informed the Nagaland government that FCA is indeed applicable to the State as clarified by the Ministry of Law and Justice.

· Nevertheless, since 1980, the Environment Ministry has not granted an FCA clearance to forests in Nagaland.

Case with Mizoram

· Text Box: Article 371A of the Constitution mainly states that no act of Parliament would apply to the state of Nagaland in a matter relating to religious or social practices of Nagas.
Article 371 G of the Indian Constitution deals with the special provisions for the state of Mizoram. This article was added by the 53rd Constitutional Amendment Act of 1986

In 1986, the Union Territory became a State with the 53rd amendment of the Constitution, adding Article 371G to the Constitution.

· It stipulated that all Central Acts in force before 1986 are extended to the State, including the FCA.

· Moreover, the FCA is applicable in the rest of the Northeast — in Meghalaya and Tripura, the Sixth Schedule Areas within these States, and in Arunachal Pradesh, Sikkim, and Manipur.

· However, none of the Northeast States have implemented FRA except for Assam and Tripura.

· The reasons include the FRA being ‘irrelevant’ as communities, clans, chiefs and individuals own most of the land, that their rights are already being enjoyed and a lack of forest dwellers who are totally forest dependent.

Recorded forest Area:

· Court expanded the term “forest land” in the FCA in the Godavarman case to “not only include ‘forest’ as understood in the dictionary sense, but also any area recorded as forest in the Government

· record irrespective of the ownership”, thus extending the FCA to unclassed forests.

· More than half of the Northeast is Recorded Forest Area (RFA).

How can forests then be protected?

· The Environment Ministry mandated FRA implementation and prior informed consent of the Gram Sabha in 2009 to admit a forest diversion proposal. The responsibility was delegated to the District Collector,

· But the Ministry’s 2022 Forest Conservation Rules eliminated compliance with the FRA before final approval altogether. Instead, it said that State governments has the right instead of local government.

Why in news?

Indo-Pacific, China map on agenda as PM leaves for Jakarta.

Today in news?

· Future cooperation on the Indo-Pacific, trade issues, the situation in Myanmar and the recent controversy over China’s map are likely to be on the agenda as Prime Minister Narendra Modi leaves on Wednesday for a two-day visit, during September 6-7, to Jakarta to attend the annual ASEAN-India Summit .

Why in news?

China sends ‘deliberate signals’ to India, West as Xi Jinping skips G-20

Today in news?

· With Chinese President Xi Jinping skipping a G-20 summit for the first time, Beijing is sending “deliberate signals” to India and the West by essentially downgrading its involvement in a key international forum.

· China’s displeasure both with the current state of bilateral ties with India — and New Delhi’s stand that normalcy in broader ties is not possible without a restoration of peace on the Line of Actual Control (LAC) — and with what Beijing sees as a “politicisation” of the G-20, which it believes should be limited to economic issues and not involve itself with issues such as the war in Ukraine.

Skipping the summit also reflects China’s unease with the G-20 as a platform, and a stark contrast to its investing in other fora such as BRICS and the Shanghai Cooperation Organisation (SCO).

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