22nd Law Commission constituted, PM unveils G20 logo, First amendment to Constitution challenged, Beaver blood moon, Nuclear weapons

22nd Law Commission constituted

The Centre constituted the Law Commission of India with Justice (retd) Rituraj Awasthi, former Chief Justice of Karnataka High Court, at its head. Justice Awasthi took over as CJ of the Karnataka High Court in October 2021, and retired in July this year.

Law Commission of India

The Law Ministry describes the Law Commission of India as a non-statutory body that is constituted by a notification of the Government of India, with definite terms of reference to carry out research in the field of law.
The Commission makes recommendations to the Government (in the form of Reports) as per its terms of reference.
The Law Commission was first constituted in 1955, and has so far submitted 277 reports.
According to the Law Ministry’s website, the “Law Commission of India provides excellent thought provoking and vital review of the laws in India”.

22nd Law Commission

The Commission headed by Justice Awasthi is the 22nd Law Commission of India. The tenure of the 21st Law Commission, which was headed by former Supreme Court judge Justice B S Chauhan, came to an end on 31 August 2018.
The 22nd Commission was constituted two and a half years after it was approved by the Union Cabinet on 19 February 2020, just before the outbreak of the Covid-19 pandemic.
A petition had been moved in the Supreme Court subsequently against the delay in constituting the 22nd Commission.
The Commission shall, among other things, “identify laws which are no longer needed or relevant and can be immediately repealed; examine the existing laws in the light of Directive Principles of State Policy and suggest ways of improvement and reform and also suggest such legislations as might be necessary to implement the Directive Principles and to attain the objectives set out in the Preamble of the Constitution”; and “revise the Central Acts of general importance so as to simplify them and remove anomalies, ambiguities and inequities”.

PM unveils G20 logo

Prime Minister on 8 November 2022 unveiled the logo, theme and website of India’s G20 presidency. The logo bears a lotus and the message of ‘Vasudhaiva Kutumbakam — One Earth, One Family, One Future’. India will assume the presidency of the powerful G20 grouping from the current chair, Indonesia, on 1 December 2022, and hold the post for a year. The G20 Leaders’ Summit at the level of Heads of State/Government is scheduled to be held on 9 and 10 September 2023 in New Delhi.

What is G20

The G20 was formed in 1999 in the backdrop of the financial crisis of the late 1990s that hit East Asia and Southeast Asia in particular.
Its aim was to secure global financial stability by involving middle-income countries. Its prominent members are: Australia, Brazil, China, France, Germany, India, Japan, Republic of Korea, Russia, Saudi Arabia, South Africa, Turkey, the UK, the US, and the EU. Spain is invited as a permanent guest.
G20 is the premier forum for international economic cooperation representing around 85 per cent of the global GDP, over 75 per cent of the global trade, and about two-thirds of the world population. During the course of its G20 Presidency, India will be holding about 200 meetings in 32 different sectors in multiple locations across India.
The G20 Summit to be held next year would be one of the highest profile international gatherings to be hosted by India.
The presidency of the G20 rotates every year among members, and the country holding the presidency, together with the previous and next presidency-holder, forms the ‘Troika’ to ensure continuity of the G20 agenda.
During India’s presidency, India, Indonesia and Brazil will form the troika. This would be the first time when the troika would consist of three developing countries and emerging economies.

How does the G20 work?

The G20 has no permanent secretariat. The agenda and work are coordinated by representatives of the G20 countries, known as ‘Sherpas’, who work together with the finance ministers and governors of the central banks. India has announced that ex-NITI Aayog CEO Amitabh Kant would be the G20 Sherpa after Piyush Goyal.
On the advice of the G7 Finance Ministers, the G20 Finance Ministers and Central Bank Governors began holding meetings to discuss the response to the global financial crisis that occurred.
The first G20 Summit took place in 2008 in Washington DC, US. In addition to Summits, the Sherpa meetings (that help in negotiations and building consensus), and other events are also organised throughout the year. Each year, the presidency invites guest countries.

First amendment to Constitution challenged

The Supreme Court recently agreed to examine a plea challenging the expansion of restrictions to the fundamental right to freedom of speech and expression that was made by the first amendment to the Constitution. The petitioner, who has challenged the law nearly seven decades after it came into force, argued that the amendment damages the basic structure doctrine.

What was the first amendment to the Constitution?

Just over a year into the working of the Constitution, then Prime Minister Jawaharlal Nehru introduced a Bill to amend the Constitution.
On 18 May 1951, the amendment Bill was referred to a Select Committee which considered the issue for six days. The amendment officially came into effect on 18 June 1951.
The Constitution (First Amendment) Bill sought to make several consequential changes — from exempting land reforms from scrutiny to providing protections for backward classes in the Constitution. Notably, it also expanded on the scope of the restrictions on the right to free speech.

What exactly is the constitutional position on free speech?

Article 19(1)(a) in Part III of the Constitution guarantees the fundamental right to freedom of speech and expression. But this freedom is not absolute or unfettered.
It is followed by Article 19(2), which lists exceptions or “reasonable restrictions” on that right.

The first amendment made two key changes:

First, it introduced the qualification “reasonable” to the restrictions that Article 19(2) imposed.
The insertion of the term “reasonable”, he argued, keeps the door open for the courts to step in and examine the legitimacy of the restrictions imposed by Parliament.
Second, the amendment introduced into the Constitution the specific terms “public order” and “incitement to an offence”.
This set of new narrower terms in the provision was necessitated by two Supreme Court rulings in 1950 that went against the state’s power to curb free speech.

‘Beaver blood moon’ until 2025

Nighttime skywatchers from East Asia to North America treated to the rare spectacle of a “Beaver blood moon” on 8 November 2022, weather permitting, as the Earth, moon and sun align to produce a total lunar eclipse for the last time until 2025.

What’s happening?

A total lunar eclipse occurs when the Earth casts its shadow completely over a full moon, blocking reflection of all direct sunlight from the lunar orb and dimming the color of the moon to a reddish hue, hence the term “blood moon.”
This is only possible when the orbits of the Earth, moon and sun align so that the moon is directly behind Earth relative to the sun. Otherwise, the moon passes above or below Earth’s shadow because its orbit around Earth is usually tilted relative to Earth’s orbit about the sun.

Why red?

The reddish appearance of the lunar surface — the moon does not entirely disappear from view — is caused by rays of sunlight around the outer edge of the eclipse shadow, or umbra, being filtered and refracted as it passes through Earth’s atmosphere, bathing the moon indirectly in a dim copper glow.
The degree of redness depends on atmospheric conditions that vary with levels of air pollution, dust storms, wildfire smoke and even volcanic ash.

How rare

Total lunar eclipses occur, on average, about once every year and a half, according to NASA. But the interval varies.
On 8 November 2022 event will mark the second blood moon this year, following one in mid-May. The next one is not expected until 14 March 2025.

Why the Beaver moon?

On 8 November 2022 event will coincide with the “Beaver moon,” a moniker for November’s full moon adopted by the Old Farmer’s Almanac supposedly from Algonquian languages once spoken by Native Americans in the New England territory.
When combined with the phenomena of a total lunar eclipse, it is widely referred to as a “Beaver blood moon” in the United States.

Nuclear weapons

There has been much buzz and considerable apprehension at the international level about the use of nuclear weapons as a result of the Russia – Ukraine conflict.

About nuclear weapons:

A nuclear weapon is a device designed to release energy in an explosive manner as a result of nuclear fission, nuclear fusion, or a combination of the two processes.
Fission nuclear weapons.
- These weapons are based on the fission reaction and are commonly referred to as atomic bombs.
- They release energy in a more controlled manner.
Fusion nuclear weapons:
- Fusion weapons are based on fusion reactions (i.e., combination of two or more nuclei).
- They are also referred to as thermonuclear bombs or, more commonly, hydrogen bombs.
- They release more and uncontrolled energy vis-a-vis fusion weapons.

Status of nuclear weapons:

Nuclear weapons have only been used twice in warfare—in the bombings of Hiroshima and Nagasaki in 1945 during the World War-II.
However, it is estimated that over 13,000 nuclear weapons are in existence as of today.
The United States and the Russian Federation account for about 90% of the nuclear weapons.
It is also estimated that there have been over 2,000 nuclear tests conducted to date.

International Laws on the use of nuclear weapons:

Nearly 30 years ago the International Court of Justice tendered its Advisory Opinion to the UN on the question of the “threat or use of Nuclear Weapons in any circumstance permitted under International law”.
A majority of 12 out of 15 judges upheld “that humanitarian law has to be read subject to an exception.”
It permitted a State to use nuclear weapons in self-defence when its survival was at stake, even where such use would otherwise be a breach of humanitarian law.
It was deep rooted in many ancient cultures — Buddhist, Chinese, Christian, Islamic and traditional African.
Each of these cultures had given expression to a variety of means that can be used for the purposes of fighting one’s enemy and problem.
They cited that the ancient South Asian tradition prohibited the use of “hyper destructive weapons”.

Global initiatives to prevent use of nuclear weapons:

Partial Test Ban Treaty (PTBT)

It prohibits testing of nuclear weapons in the atmosphere, underwater, and in outer space.
However, it permits nuclear test explosions underground.

Comprehensive Nuclear-Test Ban Treaty (CTBT):

It curbs the development of new nuclear weapons and the improvement of existing nuclear weapon designs.
Once it enters into force, it will be legally-binding against nuclear-testing.
CTBT does not explicitly define nuclear weapons and nuclear explosive devices
Treaty for the Non-proliferation of nuclear weapons
It seeks to inhibit the spread of nuclear weapons.
It came into existence in 1970s and has 191 members including the Permanent five (P-5)
India refused to sign it on the grounds that the nuclear weapons states must agree to a clear plan for nuclear disarmament.

Treaty on Prohibition of nuclear weapons (TPNW):

It is based on Humanitarian Initiative led by a group of non-nuclear weapons states who advocate nuclear disarmament on humanitarian grounds
It legally binds and prohibits member states from developing, testing, producing, manufacturing, acquiring, possessing, or stockpiling nuclear weapons or other nuclear explosive devices
India is not a member of TPNW as it was not part of its negotiations.

Nuclear Suppliers Group (NSG):

It is a consensus-driven group of nuclear supplier countries that seek non-proliferation of nuclear weapons through the implementation of “Non-Proliferation Principles” for nuclear exports and nuclear-related exports
It was formed in 1974 in response to India’s nuclear test.
India is not a member of the NSG as it is opposed by China on the basis of NPT non-signatory status of India.

India’s stand on nuclear weapons

After its first nuclear explosion in 1974, India argued that it was committed to the policy of using nuclear power only for peaceful purposes.
India has neither used nuclear weapons nor threatened any state; it has always advocated nuclear weapons only as a means of deterrence.
After the 1998 nuclear test India also enunciated a doctrine of ‘No First Use’ (NFU) of nuclear weapons.
The NFU doctrine was formally adopted in January, 2003.

Way Forward:

All countries whether nuclear or non-nuclear must adapt to a nuclear-free world.
As per J Robert Oppenheimer (inventor of the atom bomb), the only defence against a nuclear weapon is peace.
The need of establishing peace has also been highlighted in the preamble of UNESCO that says “Wars begin in the minds of men, and it is in the minds of men (and women) that the defences of peace must be constructed.”

Therefore, the global leadership should ensure that the nuclear weapons – for as long as they continue to exist – should serve defensive purposes, deter aggression, and prevent war.