Sept. 6, 2024
1. Doctrine of Merger
Context:
The Supreme Court recently observed that the extraordinary powers under Article 142 of the Constitution of India is an exception to the doctrine of merger and the rule of stare decisis to do complete justice between the parties.
About Doctrine of Merger:
• It is a common law doctrine founded on the principle of maintenance of decorum and propriety in the functioning of courts and tribunals.
• The doctrine of merger provides that when an appellate court passes an order, the order passed by the lower court is merged with that order.
• The underlying logic is that there cannot be more than one decree or operative order governing the same subject matter at a given point of time.
• The doctrine solves the issue of which order must be enforced and given importance if there are multiple orders passed by both subordinate and superior courts on a single issue.
• It clarifies and provides that in this situation, the order passed by the superior court or the successive order would prevail and that the order of the lower court would be merged with the order passed by the superior court.
• The doctrine is not recognized statutorily but is a statement of judicial propriety and seeks to instil discipline in the functioning of subordinate adjudicating authorities, whether judicial, quasi-judicial, or administrative.
What is the Doctrine of Stare Decisis?
• The doctrine of Stare Decisis refers to the concept that courts must follow previously made judicial decisions in cases where the same legal issues are brought before them in subsequent matters.
• It means that courts refer to previous, similar legal issues to guide their decisions.
• Such previous decisions that courts refer to are known as “precedents”.
• Precedents are legal principles or rules that are created by the decisions given by courts.
• Such decisions become an authority or an example for the judges to decide similar legal cases/issues in the future.
• The doctrine of Stare Decisis creates an obligation on courts to refer to precedents when taking a certain decision.
2. China lands on the Far side of the Moon
Context: China’s Chang’e-6 lunar lander successfully landed in the South Pole-Aitken Basin (the far side of the moon), where it will begin to collect samples from the lunar surface.
About Chang’e-6 Mission:
• The Chang’e-6 is a 53-day-long mission. After reaching the Moon’s orbit, the mission’s orbiter will circle the natural satellite while its lander will descend into the 2,500-kilometre-wide South Pole-Aitken basin on the lunar surface.
• After collecting samples through scooping and drilling, the lander will launch an ascent vehicle, which will transfer the samples to the orbiter’s service module. This module will then return to the Earth.
Note: China is the only country to achieve a soft-landing on the far side of the Moon. In 2019, its Chang’e-4 mission landed on the region and explored the Moon’s Von Karman crater with the help of a rover.
Near side and Far side of the Moon have strikingly different appearances:
Near side:
• The near side is characterised by large, dark basaltic plains called maria (dark spots), which are believed to have formed from ancient volcanic eruptions. These maria cover about 31% of the near side and are less common on the far side.
• The near side also has fewer impact craters compared to the far side.
Far side:
• The far side is more heavily cratered and lacks the extensive maria (dark spots) found on the near side.
• The far side has a thicker crust and is more mountainous, with the highest elevations on the Moon. It has a thicker crust by almost 20 km.
• One of the most prominent features on the far side is the South Pole-Aitken basin, which is the largest known impact crater in the Solar System.
Significance of the Far side of the Moon
• South Pole-Aitken Basin is the oldest known impact crater in the solar system. The impact that created the basin is thought to have dug up material from the lunar mantle. If that material can be retrieved, scientists can learn more about the history of the interior of the Moon. Chang’e-6’s sample return could also shed more light on the early evolution of the moon and the inner solar system.
• The far side is completely free from radio interference from Earth. This makes it an ideal location for setting up giant radio telescopes that could detect ultra-low radio waves that emanate from the early universe and which would provide crucial information about the formation of the first galaxies.
• The far side might hold resources like water ice trapped in permanently shadowed craters. These resources could be vital for future lunar settlements or exploration efforts.