Karnataka Guv returns bill reducing lake buffer zones, seeks clarification
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Bengaluru (PTI): Karnataka Governor Thaawarchand Gehlot has returned to the government the Bill that reduces the size of buffer zones around lakes or tanks in the state, seeking clarification.
The Karnataka Tank Conservation and Development Authority (Amendment) Bill, passed in both houses of the state legislature recently, proposes to reduce the buffer zones of lakes, based on the area of the water bodies.
Citing objections received by his office in connection with the Bill, the Governor has said it is necessary to get clarifications from the state government on the issues raised, and also to know whether this amendment really has an adverse effect or not.
“Hence, return the file to the state government to re-submit the file along with proper clarifications in this regard,” the Governor has said in a communication from his office to the government.
The bill proposes to introduce area-wise buffer zones for water bodies and permit construction of certain public utility activities such as roads, bridges, electrical line, water supply line, Under Ground Drainage (UGD) line, Jack well or pump house or Sewage Treatment Plant (STP), Intermediate Sewage Pumping Station (ISPS), Wetwell, Aquaduct and allied works with prior approval of the Authority.
According to the bill, lakes up to 0.5 gunta will not have a buffer zone. For lakes measuring up to one acre, the buffer zone will be 3 metres. It will be 6 metres for lakes sized 1-10 acres, 12 metres for lakes sized 10-25 acres, 24 metres for lakes sized 25-100 acres, and 30 metres for lakes above 100 acres.
At present, lakes have a standard 30-metre buffer zone, where no construction activities are permitted.
The Governor, in his communication to the government, noted that his office has received objection from the Bengaluru Town Hall Association with a request not to give assent to the Bill, citing concerns that as per the expert's opinion, the present lake buffer zone of 30 Meter itself is insufficient, and the real requirement is nearly 300 m to achieve ecosystem balance, and if anything, to do, the buffer zone should be increased not decreased.
It also said that the state government has neither consulted the expert committee nor the public about the implications of this amendment.
“It is in violation of the Constitution and settled Law, and is harmful to every citizen, affects the citizens' right to water security and a healthy environment,” according to the association, as mentioned in the communication.
The Governor further said the association has also given a detailed memorandum about the constitutional violations, central laws and guidelines, and adverse impact on water security issues.
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Ordinance issued to increase number of Supreme Court judges from 34 to 38
New Delhi (PTI): The government has promulgated an ordinance to increase the strength of the Supreme Court from the present 34 judges to 38, including the Chief Justice of India.
The law ministry notified the ordinance on Saturday, which amended the Supreme Court (Number of Judges) Act, 1956, to increase the sanctioned strength of the top court.
So far, the sanctioned strength of the top court was 34, including the Chief Justice of India (CJI). Now, the number of judges has been increased by four, taking the sanctioned strength to 38.
The top court will now have 37 judges, other than the CJI.
With the apex court having two vacancies at present, and the ordinance coming into force immediately, the Supreme Court Collegium will now have to recommend six names for appointment as judges in the top court.
A bill will be brought in the Monsoon Session of Parliament to convert the ordinance – an executive order – into a law passed by Parliament.
The Union Cabinet had cleared a draft bill on May 5 to increase the number of apex court judges.
The strength of the Supreme Court was last increased from 30 to 33 (excluding the CJI) in 2019.
The Supreme Court (Number of Judges) Act, as originally enacted in 1956, put the maximum number of judges (excluding the CJI) at 10.
This number was increased to 13 by the Supreme Court (Number of Judges), Amendment Act, 1960, and to 17 by another amendment to the law.
The Supreme Court (Number of Judges) Amendment Act, 1986, augmented the strength of judges from 17 to 25, excluding the CJI.
A fresh amendment in 2009 further increased the strength from 25 to 30.
Article 124(3) of the Constitution lists the qualifications required to become a Supreme Court judge.
An Indian citizen who has either served as a high court judge for at least five years, or as an advocate for 10 years, or is a distinguished jurist, can be appointed to the top court.
The strength of the Supreme Court is increased based on the recommendations of the CJI, who writes to the Union law minister. After consulting the finance ministry, the Department of Justice under the law ministry moves the Cabinet with a draft bill.
