21 Sept 2022 – Daily Answer Writing

21 SEPTEMBER 2022 – MAINS DAILY QUESTIONS & MODEL ANSWERS:

Q1. What do you understand by the term Judicial Review in Indian Context?

In a court procedure known as judicial review, a judge evaluates the legitimacy of a decision or action taken by a public body.
To put it another way, court evaluations give greater attention to the decision-making process than to the merits or flaws of the final result.

Legally established procedure: It means that a piece of law passed by the legislature or another appropriate body is only valid if all necessary processes have been taken.
Legal due process is a principle that checks to see if the law is fair and just and assesses whether any laws would jeopardise someone’s life or personal freedom.
India follows the legal system.
It is the power utilised by a country’s courts to determine whether the legislative, executive, and governmental bodies are carrying out their duties in conformity with the Constitution of the country.
Legalizing government action and protecting the constitution from undue government interference are the two main goals of judicial review.
The constitution is thought to be fundamentally based on legal examination (Indira Gandhi vs Raj Narain Case 1975).
Judicial review is another name for the interpretational and monitoring functions of the Indian judiciary.
Suo Moto lawsuits and Public Interest Litigation (PIL) have made it possible for the judiciary to get engaged in many public matters even when there isn’t a complaint from the aggrieved party since the idea of Locus Standi was abolished.

This assessment implies the power to determine whether legislation passed by the legislature complies with the provisions of the Constitution.
The Review of Administrative Actions is a tool for establishing constitutional restraint on administrative authorities when they exercise their authority.
Judicial Review: The judiciary employs this review to change or alter earlier rulings.

The supremacy of the Constitution must be upheld.
It is essential for guarding against potential executive and parliamentary abuse of power.
People’s rights are upheld throughout society.
It maintains the balance of the federal budget.
It is essential for preserving the independence of the judiciary.
Executive despotism is avoided.
Justice Review Challenges
It limits how effectively the government can run.
The constitutionally imposed limit on the exercise of authority is violated when it supersedes any existing laws.
In India, powers and functions are not reversed but rather separated.
The concept of separation of powers is not strictly adhered to. Thanks to a system of checks and balances that has been established, the judiciary has the power to invalidate any unconstitutional laws that the legislature approves.
When a judge renders a decision in a case, that decision becomes the standard for all subsequent cases.
The public may suffer as a result of judicial review since the decision may be influenced by self-serving or private interests.
Repeated court interventions have the potential to reduce public trust in the political system’s integrity, excellence, and effectiveness.

Q2. What do you understand by Extended Producer Responsibility?

The Extended Producer Responsibility provision applies to four different categories of plastic packaging:

Plastic packaging that is rigid will fall into category one.
Single-layer or multilayer flexible plastic packaging, plastic sheets and coverings made of plastic sheet, carry bags, plastic sachets, and plastic pouches are all included in the second group.
Packaging made of multiple layers of plastic will fall into category three (at least one layer of plastic and at least one layer of material other than plastic).
The fourth group includes packing materials like plastic sheets and carry bags composed of biodegradable polymers.

standards for the end-of-life disposal, reuse, recycling, and use of recycled plastic content in non-recyclable plastic packaging.
Producers, importers, brand owners, and processors of plastic waste will be able to register and submit annual reports on a centralised website that the Central Pollution Control Board (CPCB) will have built by March 31.
In terms of metric tonnes, plastic packaging producers will need to handle 35% of the “Q1” rubbish in 2021–2022. Q1 is calculated by adding the average weight of plastic packaging sold over the preceding two years, subtracting the annual weight of plastic packaging delivered to brand owners, and adding the pre-consumer plastic packaging garbage.
By 2022–2023, the EPR objective will increase to 70%, and by 2023–2024, it will be 100%.
In 2024–2025, producers must recycle 50% of rigid plastics; in 2025–2026, 60%; in 2026–2027, 70%; and starting in 2027–2028, 80%.
Environmental compensation will be assessed based on the polluter pays principle in the event that producers, importers, and brand owners fail to meet their EPR targets with the aim of preserving and enhancing environmental quality as well as preventing, controlling, and reducing environmental pollution.
Extended producer responsibility certificates in excess may now be purchased and sold in accordance with the regulations. establishing a market mechanism to manage plastic trash.

Certain single-use plastic products will also be prohibited under India’s new legislation, along with:

Lessen the pollution that wasted plastics cause.
Encourage the development of inventive plastic alternatives.
Give businesses a roadmap for switching to eco-friendly plastic packaging.
Create a framework to improve the circular economy of used plastic packaging.
Support for the industry of plastic waste management’s formalisation and growth.

The MoEFCC published the Solid Waste Management Rules on March 18 of the same year, and they were made public on April 8 of the same year.
Since plastic waste is a type of solid waste, both requirements apply to managing it in the country.
The Plastic Trash Management Rules state that there should be no littering, separated trash storage at the source, minimal plastic garbage creation, and effective disposal.
Additionally, the regulations outline who is in charge of disposing of plastic waste, including local governments, grame panchayats, waste generators, shops, and street vendors.
According to the regulations, producers, importers, and brand owners are all subject to EPR. Plastic packaging trash from both pre- and post-consumer sources will be subject to extended producer responsibility.