THE CONTEXT: Recently, the Supreme Court struck down the Electoral Bond (EB) scheme of political funding, declaring it to be “unconstitutional” because it completely anonymized contributions made to political parties. It is being welcomed especially because it is anchored in the citizen’s right to know.

ELECTORAL BONDS:

• These are bearer banking instruments that do not carry the name of the buyer or payee, go for sale in 10-day windows in the beginning of every quarter in January, April, July and October besides an additional 30-day period specified by the central government during the Lok Sabha election years.
• It was introduced in 2018 and are available for purchase at any SBI branch in multiples of ₹1,000, ₹10,000, ₹1 lakh, ₹10 lakh and ₹1 crore and can be bought through a KYC-compliant account.
• There is no limit on the number of electoral bonds that a person or company can purchase. Donations made under this scheme by corporate and even foreign entities through Indian subsidiaries enjoy 100% tax exemption while identities of the donors are kept confidential both by the bank as well as the recipient political parties. The public sector bank is obligated under the scheme to disclose the details only pursuant to a court order or a requisition by law enforcement agencies.

THE SUPREME JUDGEMENT ON ELECTORAL BONDS

• The five bench SC judgment headed by Chief Justice D Y Chandrachud is based on petitions filed by Association for Democratic Reforms (ADR), non-profit Common Cause, Congress leader Jaya Thakur, and the CPI (M), among others.
• The petitioners had argued that either the scheme must go on account of violating people’s right to know and affecting free and fair elections, or the court must direct for full disclosure of the purchasers and donors of EBs.

POINTS MADE IN THE JUDGEMENT:

• The judgement ruled that amendments made in the Representation of the People Act, Income Tax Act, and Companies Act through the 2017 Finance Act violated the constitutional right of the electors.
• Violates Article 14: Permitting unlimited corporate contributions to political parties was violative of Article 14 (right to equality) as it highlighted that it authorized unconstrained influence of companies in the electoral process.
• Violates free and fair election: This is violative of the principle of free and fair elections and political equality captured in the value of one person-one vote.
• Violate Article 19(1)(a): The electoral bond scheme is violative of Article 19(1)(a) as it infringes upon the right to information of the voter by anonymizing contributions through electoral bonds.
• Nexus between money and politics: Contradicting the government statement that donor anonymity was necessary to shield contributors from potential retribution, the judgement noted that that financial contributions to a political party would lead to a close nexus between money and politics.
• Fails proportionality test: The judgment underscored that voters’ right to know supersedes anonymity in political party funding, and that the EB scheme fails to meet the balancing prong of the proportionality test.
• Violates the right to information: The scheme hides the source of funding of political parties from the public, which is a fundamental right under Article 19(1)(a). The scheme also enables black money, foreign funding, and corporate influence in politics, which harm the public interest and the sovereignty of the nation.
• Violates the principle of equality: The scheme discriminates between different political parties based on their vote share, giving an unfair advantage to the ruling party and the major opposition parties, while excluding the smaller and regional parties. The scheme also creates a disparity between the donors and the voters, as the former can sway the policies and decisions of the political parties, while the latter are kept in the dark.
• Violates the constitutional scheme of electoral reforms: The scheme goes against the constitutional aim of curbing corruption and criminalization of politics. The scheme is also contrary to the recommendations of various committees and commissions that have called for more transparency and disclosure in political funding.

SIGNIFICANCE OF JUDGEMENT:

• Transparency and accountability of political funding: The judgment will ensure that the public will have access to the information about the source and amount of funding received by the political parties through electoral bonds. This will enable the public to scrutinize and hold the political parties accountable for their performance and conduct.
• Reduce the influence of money: The judgment will curb the influence of money and corporate power in politics, as the donors will no longer be able to hide their identity and agenda behind the veil of anonymity.
• Level playing field for all political parties: The judgment will level the playing field for all political parties, as they will no longer be discriminated against based on their vote share or popularity. This will enable the smaller and regional parties to compete with the ruling party and the major opposition parties on an equal footing and offer a genuine choice to the voters.
• Democratic setup: “The voters’ right to know and access to information is too important in a democratic set-up so as to curtail and deny ‘essential’ information on the pretext of privacy and the desire to check the flow of unaccounted for money to the political parties. While secret ballots are integral to fostering free and fair elections, transparency not secrecy in funding of political parties is a prerequisite for free and fair elections. The confidentiality of the voting booth does not extend to anonymity in contributions to political parties.
• Undo corruption: The bench held that the information about funding of political parties is essential for the effective exercise of the choice of voting to identify corruption and governance information. It ordered full disclosure of donors and recipients of EBs issued since April 2019 on the website of the Election Commission of India (ECI) by March 13, 2024. It directed the State Bank of India the only designated EB-issuing bank to stop the issuance of EBs, adding the bank will submit details of EBs purchased since April 12, 2019, till date to the poll body by March 6.

THE WAY FORWARD:

• State funding: The Indrajit Gupta Committee on State Funding of Elections has supported partial state funding of recognised political parties. State funding has proved its effectiveness in a number of countries like Germany, Japan, Canada, Sweden etc.
• Stringent legislations: There is a need for effective regulation of political financing along with bold reforms to break the vicious cycle of corruption and erosion of quality of democratic polity. It is crucial to plug the loopholes in the current laws to make the entire governance machinery more accountable and transparent.
• Strengthening Election commission: There is a need to strengthen the role of Election Commission by enabling suitable laws and creating healthy political environment. The EC should increase its own capacity in terms of empowering staff and developing infrastructural and logistical strength.
• Political party auditing: Venkatachaliah Committee Report (2002) recommended strict regulatory frameworks for auditing and disclosure of party income and expenditure along with state funding.

THE CONCLUSION:

The Supreme Court’s judgment on scrapping of electoral bonds is a historic and landmark verdict that upholds the constitutional rights and values of the citizens and the democracy. This decision will enhance the transparency and accountability of political funding and reduce the influence of money and corporate power in politics and will create level playing field for all political parties.

UPSC PREVIOUS YEAR QUESTION

Q. Whether electoral bonds are effective in ensuring fair, just and open elections? Discuss the various concerns regarding electoral bonds. (2022)

MAINS PRACTICE QUESTION

Q. Court striking down the electoral bond scheme is a landmark moment as it affirms principles of transparency and probity, and the people’s right to know. Comment.

Source: https://indianexpress.com/article/opinion/editorials/express-view-on-scs-electoral-bonds-judgment-a-vital-verdict-9164121/

THE CONTEXT: Recently, during the inaugural session of the new Parliament, controversy erupted after Members were gifted copies of the Indian Constitution, where the Preamble appeared to have omitted the terms ‘Socialist’ and ‘Secular’. This was followed by civil society debate on whether either of these terms defined the true spirit of the Constitution.

CRITICAL ANALYSIS:

• Preamble enforcing the republican character: The enactment of the Constitution is seen as the culmination of a decades-long process of dialogue among contending political actors, with focus on character of the envisaged republic. The preamble explicitly enforce this legitimising ends of the republic in terms of securing justice (social, economic and political), liberty (of thought, expression, belief, faith and worship), and equality (of status and of opportunity) to all Indian citizens.
• Spirit of the term ‘we the People’: The emphasis on the revolutionary potential of the Constitution is rooted in the spirit of “We the People.” The reduction of sovereignty of the “political community” to mere state sovereignty, reduces the constitutional promises. The Constitution can only remain a living force in our democracy as long as the phrase, ‘we the people’, can somehow approximate to a citizens which effectively discharges its agency as vigilant participants.
• Tendency to marginalize non-elite counter-sphere: There is distinction between the elite public sphere and the non-elite counter-sphere in civil society. There is an inertia of the elite public sphere in addressing constitutional challenges. It highlights the potential danger of marginalizing non-elite counter-sphere movements as emotional or sectional. There is potential loss of liberatory potential if the counter-sphere is not given equal standing in civil society.
• Popular sovereignty: The meaning or character of our popular sovereignty is often treated as a convenient myth or as a purely abstract assumption in our civil society discussions. In this respect, the constitutional scholar Sarbani Sen argued in her book, The Constitution of India: Popular Sovereignty and Democratic Transformations, the revolutionary potential of the Constitution inheres in this very spirit of popular sovereignty.

DIFFERENT PERSPECTIVE

Ambedkar’s framing of the Preamble and his emphasis on morality as a governing principle:

• R. Ambedkar had framed the Preamble for a “way of life, which recognizes liberty, equality, and fraternity as the principles of life and which cannot be divorced from each other.
• Liberty cannot be divorced from equality; equality cannot be divorced from liberty. Nor can liberty and equality be divorced from fraternity.
• Without equality, liberty would produce the supremacy of the few over the many. Equality without liberty would kill individual initiative”.
• Equally, he refused to harbour naive presumptions about the self-perpetuating character of these constitutional principles.

Gandhi’s concept of ‘Swaraj’ as a creative process of self-realization and the importance of dialogue and empathy:

• It is enlightening to juxtapose Ambedkar’s plea for a transcendent civil morality with Gandhi’s conception of swaraj or ‘self-rule’. In the monograph, Unconditional Equality: Gandhi’s Religion of Resistance (2016), historian Ajay Skaria explains that ‘Swaraj’ for Gandhi did not confine itself to a mechanistic self-rule, but a creative process of self-realisation through which one might reach out towards a more secure and substantive plane of freedom and equality.
• The means to achieve Swaraj was thus ‘satyagraha’ which is defined as “truth force” and “love force”. For Gandhi, sovereign power is not exemplified only in the state. Rather, every self is deeply divided, and sovereignty is universal which is always exercised by the self.

THE WAY FORWARD:

• Engage in dialogue: There is a need to move beyond chauvinistic pride and engage in honest, introspective dialogue. It can be done by promoting empathetic engagement and dialogue to foster mutual understanding. This is not the shallow but the commonplace mode of dialogue but a form of debate focused on achieving a framework of objectively correct knowledge.
• Understand the position of alternative views: The particular form of dialogue stressed by Gandhi, Ambedkar and modern theorists of deliberative democracy seeks to understand the position of the ‘other’. It is through this empathetic engagement with the concerns and the world views of ‘others’ that we can build a stable foundation of mutual self-understanding, thus opening up possibilities for genuine solidarity.
• Inclusive and plural civil society: There is a need to advocate for an inclusive and plural civil society that recognizes the equal standing of all communities. It is like having a civil society that functions as the handmaiden of an authoritarian state.
• Encourage active participation: There is a need to encourage active participation in civil society, especially from non-elite counter-sphere movements. But the alternative is a civil society with little self-knowledge beyond chauvinistic pride, and little agency beyond being the handmaiden of an increasingly authoritarian state.

THE CONCLUSION:

It becomes clear that a progressive civil society in India can only be a plural civil society, if it is structured on the free and equal participation of every community. In this respect, emphasizing the need to understand popular sovereignty as a dynamic force rather than a static concept is the need of the hour.

UPSC PREVIOUS YEAR QUESTION

Q. Can Civil Society and Non-Governmental Organisations present an alternative model of public service delivery to benefit the common citizen? Discuss the challenges of this alternative model. (2022)

MAINS PRACTICE QUESTION

Q. Highlight the significance of inclusive dialogue, empathy, and a pluralist civil society for the true realization of constitutional principles.

Source: https://www.thehindu.com/opinion/lead/the-path-towards-a-pluralist-civil-society/article67811543.ece

THE CONTEXT: The cancellation of the Foreign Contribution Regulation Act (FCRA) license of Centre for Policy Research (CPR), one of the country’s famed think tanks, on the charges of multiple violations raises several critical questions.

CENTRE FOR POLICY RESEARCH (CPR)

• It is founded in 1973 and is a “non-profit, non-partisan, independent institution dedicated to conducting research that contributes to high quality scholarship, better policies, and a more robust public discourse about the issues that impact life in India”.
• It is a member of the Indian Council of Social Science Research and is recognised by the Department of Science and Technology.
• Its funders have included the government of India, the Bill and Melinda Gates Foundation, and the Ford Foundation, among many others in India and abroad.
• An FCRA registration is necessary to obtain foreign funding. The CPR used to raise more than 75% of its funds from outside India. By suspending its FCRA licence, the government had effectively crippled its finances.

THE FCRA SINCE 1976

• The FCRA was brought during the Emergency in 1976 in a bid to create surveillance regime for the NGOs and put it under the Ministry of Home Affairs (MHA).
• For all such entities receiving foreign funds through foundations, corporate grants and so on, the FCRA license administered by the MHA became obligatory.
• It has not only continued thereafter but has also become a permanent feature for the scrutiny of foreign funds for such entities. The FCRA has been amended four times since then.
• In 2010, the government tightened the FCRA in the wake of anti-nuclear protests driven by some human rights bodies in Tamil Nadu’s Kudankulam that were receiving foreign funds.
• Since the accountability of the voluntary sector in financial matters was questioned, the P.V. Narasimha Rao (1991-96) government had provided a window to them to explain, interact and cooperate with the government.

ISSUES

• Hindering the work of civil societies: Recent charges on CPR such as ‘hurting India’s economic interests’ by alleged ‘mis-utilisation of funds received from foreign sources for organising protests’ are serious. The state surveillance of its activities has been on since 2014. On September 7, 2022 it was subjected to an Income Tax survey and its IT exemption was cancelled on 30 June 2023. It eventually got redressal, both, from the Delhi High Court and the Supreme Court. It is now left with just the Indian Council of Social Science Research (ICSSR) grant since it is one of the 24 ICSSR funded institutes.
• Ambiguities: Entities such as CPR are created by societies registered under the Societies Registration Act, 1860. It permits a group of desirous persons to register a society for literary, scientific and charitable purposes, framing a memorandum of associations and rules for its functioning. A very broad spectrum of societies is registered under this Act, that creates anomalies at times which is used by government for charging NGOs for violating the terms of registration and memorandum of association.
• Funding administration: The concerns regarding the transfer and use of the funds, including administrative heads, are more contentious.  Rigid categorisation often does not work with such bodies as they do not generate a separate administrative grant. When some related expenses are adjusted against foreign grants, it gives the political dispensation an opportunity to ask uncomfortable questions and cancel the FCRA license.
• Increase in foreign funding in India: There has been proliferation of NGOs for varied objectives in recent years. By the 1990s there were efforts to redefine NGOs as voluntary or civil society organisations. However, there are very few funding sources within India and corporate philanthropy has been limited in India. Thus, foreign funding of such entities became routine in India.
• Distrust against the voluntary sector: The love-hate relationship between the government and the NGOs has continued in India with each regime. CPR and such institutions have been under scrutiny for years, irrespective of their emergence as an important segment of international developmental initiatives.

THE WAY FORWARD

• Transparent mechanism: Since the civil societies are a significant part of international and the Indian social life, they must function within the structures of accountability created by the government, which must also be uniform and transparent.
• Free civic space: A free civic space without undue interference from the state or other actors is the need of the hour to enable the citizen to participate in public affairs, express their views, and hold the government accountable.
• Financial accountability: Amending the Foreign Exchange Management Act (FEMA) with some relevant clauses for the social sector could maintain financial accountability without bringing in security considerations for organisations.
• Strengthen oversight mechanism: There is a need for strengthen the oversight mechanisms to prevent any potential misuse of foreign contributions. NGOs should as well be encouraged to provide clear and detailed reports on the utilization of foreign funds, ensuring that purposes and beneficiaries are explicitly disclosed.

THE CONCLUSION:

Advocating for the protection of constitutional freedoms and reviewing stringent laws impacting NGOs is the need of the hour. At the same time, there is a need for raising awareness about the importance of civic space in preserving India’s democracy.

UPSC PREVIOUS YEAR QUESTION

Q. Can Civil Society and Non-Governmental Organisations present an alternative model of public service delivery to benefit the common citizen? Discuss the challenges of this alternative model. (2022)

MAINS PRACTICE QUESTION

Q. The constitutional freedom of India’s diverse and vibrant civil society is under challenge. Analyse this statement with regard to recent cancellation of Foreign Contribution Regulation Act (FCRA) license of civil societies.

Q. Government wielding of Foreign Contribution Regulation Act (FCRA)as a blunt instrument shrinks vital space for NGOs, civil society. Comment.

SOURCE: https://thewire.in/law/fcra-should-be-an-instrument-of-financial-accountability-not-of-security#:~:text=FCRA%20Should%20Be%20an%20Instrument%20of%20Financial%20Accountability%20Not%20of%20Security,-law&text=Amending%20the%20Foreign%20Exchange%20Management,in%20security%20considerations%20for%20organisations.

THE CONTEXT: Recently, the Government of India has cancelled the Foreign Contribution (Regulation) Act (FCRA) licence of the Centre for Policy Research (CPR) less than a year after suspending the FCRA licence. A free civic space regulated under constitutionally guaranteed principles is the essence of democracy, however, the recent instance shows that civil society is under threat in India.

ISSUES:

• Restraining civil liberties: The recent curb of financing of civil society denotes eroding of civil liberties in India. The government has given the justification that CPR publications are similar to current affairs programming which is prohibited for an entity using FCRA funds which is quite unreasonable.
• Curbing dissent and alternate views: As a premier think tank, theCPR has been providing an ecosystem of governance and policymaking where multiple stakeholders through informed debates acts as the hallmark of a democracy. A decision to effectively shut down such an institution by crippling its finances is an indication of curbing dissent and free flow of knowledge and ideas.
• Using FCRA as a weapon: The move also fits into a broader pattern of the state wielding the FCRA as a weapon to silence entities whose work is not aligning to the ruling government like those working on environmental issues, civil liberties, and human rights. The FCRA itself has emerged during the Emergency to address the concern of foreign governments interfering in India’s internal affairs by channelling funds through NGOs. Since then, it has been amended by successive governments, with the provisions becoming more stringent.
• Malign international image: The International Commission of Jurists has raised concern regarding the latest amendment of FCRA in 2020 and denounced it as “incompatible with international law”. It warned that it would “impose extraordinary obstacles on the capacity of civil society actors to carry out their important work”. When the U.S.-based non-profit, Freedom House, in its Democracy Index, downgraded India to an “electoral autocracy”, a reason it cited was erosion of civil liberties. Though, the government is hypersensitive to rankings on international indices, yet unwilling to acknowledge the link between perception and reality.

THE WAY FORWARD:

• Alternate funding: There is a need to promote alternate funding for civil societies through Local Resource Mobilization (LRM) and corporate funding. It can also be done by charitable funding by pooling resources for a more significant impact.
• Enact legislation: The Union Government should draft a comprehensive model legislation covering both Trusts and Societies in lieu of the existing laws on Societies, Trusts, Endowments and Charitable Institutions etc. The government should recognize the importance of a strong civil society for the effectiveness of key laws as Right to Information Act and National Food Security Act.
• Establish system of accreditation: A system of accreditation or certification of voluntary organizations which seek funding from government agencies should be established. Government should take initiative to enact a law to set up an independent body to take up this work.
• Collaboration: It is essential that the Government and the civil societies should collaborate and work together where feasible. Such partnership may also include other entities such as panchayati raj institutions, municipalities, academic institutions, and private sector organizations.
• Stakeholder consultation: There is a need to devise proper consultation through a formal process of interaction at the Centre, State and District level. Stakeholder consultation acts to tackle complex interventions where sustained social mobilization is critical over the long term.
• Transparency and Accountability: Civil society organisations as well should be transparent in their functioning and accountable to the people they serve, to gain their trust and support.

THE CONCLUSION:

The recent shutting off the finances of civil society organisations is an example of civil liberties erosion which tends to amplify the narrative of democratic backsliding. There is a need to promote a vibrant civil society and institution building in the country to protect human rights seeking truth, justice, and reparations.

UPSC PREVIOUS YEAR QUESTION

Q. Can Civil Society and Non-Governmental Organisations present an alternative model of public service delivery to benefit the common citizen? Discuss the challenges of this alternative model. (2022)

MAINS PRACTICE QUESTION

Q. A free civic space regulated under constitutionally guaranteed principles is the essence of democracy.  Examine the statement in light of recent cancellation of Foreign Contribution (Regulation) Act (FCRA) licence of the Centre for Policy Research (CPR).

SOURCE: https://www.thehindu.com/opinion/editorial/democratic-backsliding-the-hindu-editorial-on-the-state-wielding-the-fcra-as-a-weapon/article67762270.ece

THE CONTEXT: A fundamental purpose of democracy is to establish processes to negotiate differences among a diverse population that coexist. India’s leadership has put it above other countries in the international scenario but facing certain challenges. In this context, with the upcoming elections near the corner, India needs to set an example for the world to reset and bring back good faith in its politics.

ISSUES:

• Behaviour of ruling regime: The ruling regime has recently behaved impatiently in the Parliament even for democratic formalities. It has wielded state power in wholly undemocratic ways to neutralise the Opposition and clampdown on dissent.
• Stand of opposition: There is a section of the Opposition, especially civil society, which has pursued a strategy of embarrassing the government. It is not just that there is ideological opposition to the government but it is very clear that this section refuses to acknowledge the very legitimacy of the government.
• Erosion of faith: Decline of good faith in politics has resulted in a mindless rivalry where only the most partisan can prosper as opposed to those motivated by the public interest. This status quo, if left unaddressed, would be tragic for country.
• Issue of anti-defection law: There is another concern of anti-defection law which subverts representative democracy by constraining legislators to party leadership’s order. There has not been enough discussion on the effects of the anti-defection law on inner party democracy and issue-based mobilisation across parties.
• Lack of intra party transparency: It is a common knowledge that power in all political parties has concentrated in the hands of a few individuals. While political parties are notionally democratic, in-house elections lack transparency.

THE WAY FORWARD:

• Acknowledge the behaviour on both sides: There are a range of behaviours by the government but also those opposed to the government which need to be acknowledged from the both sides. There is no need for more explanation on the government’s misuse of state power, which includes defections, imprisonment, and intimidation.
• Role of individuals: Individuals of all ideological inclinations, who value civility and moderation in the politics, can play a crucial role. Many of these individuals wield influence within politically relevant institutions, either officially or through their networks. This group can play a pivotal role in restoring basic democratic principles in our public life by exerting influence.
• Reform with party system: Though partisanship is an important driver of multi-party democracy but constant demands for a blind, aggressive allegiance will only make partisanship and cynicism worse. Instead, party members must use their influence to restrain their own party’s excesses and reorient focus towards substantive issues.
• Address anti defection: There is a need to develop consensus of individuals across party lines on getting rid of the anti-defection law to limit potential instability in political parties. Also, dispersal of power to party’s elected representatives can create avenues for internal negotiations as well as horizontal issue-based mobilisation.
• Media’s role needs scrutiny: The mass media plays a pivotal role in opinion-making and instead of informing the electorate, the media often contributes to polarisation. It is in the interest of every citizen to promote responsible journalism and rebuild trust in the media. Individuals with influence over their party or media institutions can help create an environment to support a more public-interest media.

THE CONCLUSION:

India, like many other liberal democracies, is at a similar crossroads of ideological diversities. Therefore, concerned citizens across the ideological divide needs to come together to restore trust in our political institutions and preserve our democratic framework.

UPSC PREVIOUS YEAR QUESTIONS

Q. Parliament’s power to amend the constitution is limited power and it cannot be enlarged into absolute power”. In light of this statement, explain whether parliament under article 368 of the constitution can destroy the basic structure of the constitution by expanding its amending power? (2019)

MAINS PRACTICE QUESTIONS

Q. Faith in India’s political institutions seems at its lowest with the erosion of its credibility. Critically examine the statement and suggest ways to restore trust in politics.

SOURCE: https://www.thehindu.com/opinion/op-ed/bringing-back-faith-in-indias-politics/article67710670.ece

THE CONTEXT: The progressive and anti-communal civil space which is considered as last bulwark for India’s democracy is being targeted by the state. Civil society from NGOs to grassroots activist groups to social movements to unions is being undermined which is leading to erosion of democratic institutions.

MORE ON THE NEWS:

• There is an attempt to limit the civic space of several organisations relying on domestic and foreign donations. These organisations include, Amnesty International, Centre for Equity Studies, Citizens for Justice and Peace and Act Now for Harmony and Democracy (ANHAD), among significant others.
• The organisations were viewed as being either neutral, moderate, or strong regarding their views on minority rights, Dalit rights, Adivasi (tribal) rights and equity promotion.
• Recent findings suggest that the highest number of attacks were against organisations actively fighting against communalism. These would include organisations such as Citizens for Justice and Peace (CJP), Amnesty India, Oxfam, Centre for Equity Studies and Lawyers Collective.
• Moderately attacked institutions are those whose activities have been severely curbed because of multiple attacks by the state. They include the Centre for Policy Research (CPR) and a significant non-governmental organisation (NGO) with American funding working in the non-communal space.
• Moderately attacked institutions also include fiercely anti-communal NGOs such as ANHAD. Some of the organisations in this area are even neutral on the anti-communal issue. An analysis of the moderate section suggests that the civic space has shrunk to such an extent that the Indian state is not even leaving a non-communal organisation such as the CPR alone. One of the allegations against the CPR appears to be that it had some connections with Adivasi rights movements that impacted the mining interests of the tycoon Gautam Adani.
• Institutions that have been impacted by relatively low levels of attacks are generally not active in the anti-communal area, even though they may be pursuing significant human rights causes. The organisations such as Navsarjan, which is a leader in Dalit rights, and Save The Children’s work on child rights are less under attack compared to the others.
• It is also found that the disciplining instruments deployed by the state can impact organisations. Greenpeace, for example, has transitioned from one that faced high intensity attack to one that now faces a low level of attack by our definition.

ISSUES:

• Misuse of laws: The state is using the range of instruments to limit the civic spaces such as misusing of laws from the use of draconian anti-terror Unlawful Activities (Prevention) Act (UAPA) to FCRA and other laws to keep activists behind bars.

1. UAPA: The draconian anti-terror Unlawful Activities (Prevention) Act (UAPA) has been criticized for being misused by authorities to target human rights defenders, activists, and dissenters. Critics argue that the act has been used to stifle free speech and to quell any form of peaceful protests.

2. FCRA: The Indian government’s crackdown on foreign funding for civil society organisations using the Foreign Contribution Regulation Act (FCRA) continues to remain a cause for concern. The FCRA, which regulates the acceptance and utilisation of foreign funds by Indian NGOs, has been amended several times in recent years. These amendments have made it more difficult for NGOs to receive foreign funding and have given the government greater powers to monitor and regulate NGOs. One of the main reasons cited by the government for tightening the FCRA is to prevent ‘foreign influence’ over civil society organisations. However, critics argue that the government’s real intention is to suppress dissent and limit the activities of NGOs working on issues such as human rights, the environment and social justice.

3. Prior Reference Category List: Apart from the FCRA provisions, foreign donors are also intimidated by a Prior Reference Category List. It consists around 80 internationally reputed donors who are monitored and intimidated for pursuing any human rights related causes.

4. PMLA: The amendments, in 2019, to the Prevention of Money Laundering Act, 2002, brought through the Finance Act enabled the Department of Revenue to work with a broader definition of proceeds of crime. This has resulted in the attacks on NGOs and Opposition politicians by the Enforcement Directorate.

5. Income tax act provisions: Domestic funding of non- and anti-communal NGOs is also under siege. Sections 12A and 80G of the Income-Tax Act provide tax exemptions for NGOs and donors, respectively. The 2020 amendments now make renewals of 12A and 80G certificates mandatory every five years. And donor data including their PAN card numbers must be made available to the Ministry of Finance. These provisions enable the state to intimidate domestic donors who wish to fight communalism and crony capitalism. The state uses income-tax surveys as a way of collecting data that can be used to further escalate and institute more cases either by the CBI or the Tax Department.

• Curbing dissent: The Indian government has also used other tactics to repress civic freedoms, including the use of sedition laws and the criminalisation of peaceful protests. Sedition laws have been used to arrest activists critical of the government and peaceful protests have been met with violence and repression by the police. Civil society organisations and activists critical of the government have been silenced, and the space for dissent has been severely curtailed.
• Threatens press freedom: The amendments in the above-mentioned laws were announced without adequate and meaningful consultation with journalists, press bodies and civil society It severely threatens press freedom and empowers the government to be the sole arbiter of truth on the internet.
• Undermines Human rights: Furthermore, the use of sedition laws and the criminalisation of peaceful protests are clear violations of human rights. The right to freedom of expression and assembly is enshrined in international human rights law, and the Indian government’s actions to repress these rights are a clear violation of its obligations under international law.

THE WAY FORWARD:

• Repeal laws: To improve the situation in India, the government must repeal laws that restrict the ability of civil society organisations to operate freely. For example, Government must stop the use of sedition laws to target activists critical of the government and ensure that peaceful protests are allowed to take place without fear of repression.
• Protect rights: Civic freedoms, including the freedom of expression, association, and assembly, are essential for a vibrant and functioning democracy. There is a need to recognise and protect these freedoms by social and political forces who repose their faith in the Constitution.
• Ensuring democratic principles: The Indian government’s actions to repress civic freedoms are problematic and unacceptable in a democratic society. There is a need to take adequate steps to ensure democratic principles. Mobilizing anti-communal and progressive civic space to safeguard democracy.
• Engaging with stakeholders: The Indian government must engage with civil society organisations and activists to address their concerns and work towards building a more inclusive and democratic society. The government must also work towards promoting a culture of respect for human rights and the rule of law in the country.
• Opposition stand: The Opposition should take stringent steps apart from fighting like a single party. It will also need to mobilise the anti-communal and progressive civic space in its favour to save democracy. For example, Recently, “Eddelu Karnataka” (Wake-up Karnataka) or similar social movements in Telangana, had mobilised the anti-communal civic space and secular and progressive social and political forces came together in both these States.

THE CONCLUSION:

A free civic space regulated under constitutionally guaranteed principles is the essence of democracy. There is a need to take adequate steps to preserve this unusually diverse and vibrant civil society.

UPSC PREVIOUS YEAR QUESTION

Q. Though the Human Rights Commissions have contributed immensely to the protection of human rights in India, yet they have failed to assert themselves against the mighty and powerful. Analysing their structural and practical limitations, suggest remedial measures. (2021)

MAINS PRACTICE QUESTION

Q. Constitutional freedoms are under siege as India’s diverse and vibrant civil space continues to be targeted by the state. Critically Examine.

SOURCE: https://www.thehindu.com/opinion/lead/civil-society-under-siege-in-india/article67706998.ece#:~:text=India%20is%20lucky%20to%20have,their%20faith%20in%20the%20Constitution.

THE CONTEXT: In a conflict-prone border province such as Jammu and Kashmir (J&K), security forces have to tackle not only terrorism but also engage in counter-insurgency operations in a precise and just manner.  The death of soldiers by militants and civilians who were detained by the Army in the area is a severe indictment of the counter-insurgency tactics there.

CONSTITUTIONAL PROVISIONS RELATED TO RIGHTS OF ARMED FORCES:

Article 33 is an exception to the Fundamental Rights in the Indian Constitution. It empowers the Parliament to restrict or abrogate the application of the fundamental rights in relation to Armed Forces, Paramilitary Forces, Police, Persons employed in intelligence or counterintelligence services, and communication systems set up for the said organizations.

Acts such as the Army Act 1950, Navy Act 1957, Air Forces Act 1950 have been enacted as per Article 33. These acts restrict rights such as

• Freedom of speech and expression
• Freedom of assembly
• Freedom to form associations and unions

ISSUES:

• Human rights violation: The exercise of the extraordinary powers by armed forces has lead to allegations of fake encounters and other human rights violations in the disturbed areas.
• Law and order situations: “Fake encounter” deaths and alleged torture by security agencies in the Valley have resulted in spurts of increased militancy besides public outrage that developed into major law and order situations.
• Trust issues with the ruling government: Such actions by security forces targeting civilians in response to militant attacks are clearly problematic. It increases the unpopularity of a regime that has not been democratically elected in the Union Territory where provincial elections have not been held for more than half a decade.
• Feeling of Alienation:Indiscrimination in the use of violence targeting civilians without just cause only results in the questioning of that legitimacy in the eyes of the people. The use of force further increases the feeling of alienation of the people in the region and solidification of militant actions.

THE WAY FORWARD:

• Proactive approach of government: The government needs to adopt a more proactive approach toward safeguarding the rights of soldiers upholding both constitutional and moral principles.
• Development of Disturbed areas: The lack of development in the region is also a major reason for the insurgency over there. Therefore, the Government should take urgent steps to create new opportunities for growth and development.
• Effective justice delivery: The government agencies must now deliver justice quickly and in a firm manner. There is a need of greater transparency in communicating the status of existing cases to include its display on the army and government’s web sites. Every death caused by the armed forces in a disturbed area, be it of a common person or a criminal, should be independently enquired into and followed by adequate action.

THE CONCLUSION:

Peace and Rights can be established by only synchronised efforts of central and state government along with security forces. There is an urgent need for a clear-cut policy discussing the rights and duties of the security forces and at the same time society needs to be made aware of the sensitivity that an armed force personnel also deserves.

PREVIOUS YEAR QUESTIONS

Q.1 To what extent is Article 370 of the Indian Constitution, bearing marginal note “Temporary provision with respect to the State of Jammu and Kashmir”, temporary? Discuss The future prospects of this provision in the context of Indian polity. (2016)

Q.2 The banning of ‘Jamaat-e-islaami’ in Jammu and Kashmir brought into focus the role of over-ground workers (OGWs) in assisting terrorist organizations. Examine the role played by OGWs in assisting terrorist organizations in insurgency affected areas. Discuss measures to neutralize the influence of OGWs. (2019)

MAINS PRACTICE QUESTION

Q.1 Fake encounter deaths and alleged torture by security agencies in the Jammu and Kashmir have resulted in spurts of increased militancy besides public outrage that developed into major law and order situations. Examine

Source: https://www.thehindu.com/opinion/editorial/unjust-and-unwise-the-hindu-editorial-on-counter-insurgency-operations-in-jammu-kashmir/article67680557.ece

THE CONTEXT: The winter session of Parliament marked a new low in India’s parliamentary democracy as the ruling government refused to engage with the Opposition. It evaded executive accountability and passed a number of Bills with far-reaching consequences while a majority of the Opposition members remained suspended.

RULES OF SUSPENSION OF MPs

• It is the duty of the presiding officer which is Speaker of Lok Sabha and Chairman of Rajya Sabha for smooth functioning of the Parliament. In this regard, Speaker or Chairman is empowered to force a member to withdraw from the House.

SUSPENSION RULES IN THE LOK SABHA:

• Rule 373 of the Rules of Procedure and Conduct of Business: The speaker may direct any Member to withdraw immediately from the House and to remain absent during the rest of the day’s sitting if his/her conduct is grossly disordered.
• Rule 374 of the Rules of Procedure and Conduct of Business: The Speaker may name a member if it thinks necessary, who disregards the authority of the Chair or abuses the rules of the House persistently and wilfully obstruct the business.
• Once the member is named, the government introduces a motion for their suspension. If the motion passes, the member gets suspended.
• The member stands automatically suspended from the service of the House for five consecutive sittings or the remainder of the session, whichever is less.

SUSPENSION RULES IN THE RAJYA SABHA:

• Rule 255 of the Rules of Procedure and Conduct of Business: Chairman of Rajya Sabha is empowered to direct any Member whose conduct is in his opinion grossly disordered to withdraw immediately from the House.
• The Chairman identifies any member causing undue disruptions. Following this, a motion is presented to the House for their suspension. If the House approves the motion, the member is suspended.

ISSUES:

• Suspension of members: A total of 146 Members of Parliament (MP) from the Opposition bloc were suspended as they clamoured for a statement. This suspension is termed by the Opposition MP as “predetermined and premeditated” by the government. This suspension seems to be unconstitutional and illegal in nature as wilful and persistent obstruction of the business alone qualifies for the naming and suspension of a member. Moreover, suspension cannot be for an indefinite period.
• Legislation without discussion: It was in the absence of a majority of the Opposition members that the government passed new laws. It includes rewriting the criminal code of the country, regulation of telecommunication and the appointment of the Election Commission of India The common feature of these laws is an unprecedented increase in the power of the executive, and it is not a coincidence that they were passed without a meaningful parliamentary debate.
• Challenge to Democratic principles:Illegal and unconstitutional suspensions not only stifle opposition voices but also affects democratic discussions. This leads to disruptions in parliamentary proceedings and hinders the legislative work.

THE WAY FORWARD:

• Adhere to Parliamentary Rules:Parliament should strictly follow Rules 374 of the Lok Sabha and Rules 256 of the Rajya Sabha while suspending members. It should not be done to satisfy the whims and fancies of the ruling government to supress the dissent of the opposition members.
• Constructive role of opposition: Opposition should invest much time and effort in asking for a debate on the substantive legislative matters. They should play a constructive role in the Parliament and should be allowed to put forward their views and express themselves in a dignified manner.
• Ensure dialogue: Such suspensions highlight the need for better methods to handle disagreements in Parliament. Political leaders should prioritize dialogue over suspensions to address disagreements in Parliament.

THE CONCLUSION:

The recent suspensions should be revisited to ensure they align with constitutional norms. The government should not use its majority to rush through legislation and should find ways to end the turmoil and bring harmony to our legislatures.

PREVIOUS YEAR QUESTIONS

Q.1 Explain the structure of the Parliamentary Committee system. How far have the financial committees helped in the institutionalisation of the Indian Parliament? (2023)

Q.2 Discuss the role of Presiding Officers of state legislatures in maintaining order and impartiality in conducting legislative work and in facilitating best democratic practices. (2023)

MAINS PRACTICE QUESTION

Q.1 ‘’A parliament without opposition means an executive without accountability”. Discuss the statement in light of mass suspension of parliamentarians and passing of important Bills without effective discussion.

Source: https://www.thehindu.com/opinion/editorial/law-of-numbers-on-the-winter-session-and-a-low-in-indias-parliamentary-democracy/article67677048.ece

TAG: GS 2: POLITY AND GOVERNANCE

THE CONTEXT: The Indian government, through the PM-JANMAN package, aims to address the needs of Particularly Vulnerable Tribal Groups (PVTGs) residing in 15,000 habitations across 100 districts.

EXPLANATION:

• This initiative targets the saturation of essential documentation—Aadhaar, caste certificates, and Jan Dhan accounts—necessary to grant access to benefits under the program.

Scope and Objectives of the Campaign

• The campaign, commencing on December 25, endeavours to cover 100 districts spanning 18 states and the UT of Andaman and Nicobar Islands.
• The first phase will focus on PVTG habitations, estimated at over 22,000 across various states, housing around 28 lakh individuals.
• The comprehensive objective is to encompass all eligible beneficiaries within the PM-JANMAN package.

Components of the PM-JANMAN Package

• This package consolidates 11 critical interventions already implemented by nine Ministries, including initiatives for housing, household electrification, road connectivity, telecommunications, and more.
• The government aims to channelize these interventions towards achieving saturation in PVTG villages and habitations.

Funding and Government Commitment

• Prime Minister announced the package, which received approval for a ₹24,000 crore expenditure over three years.
• However, during a government plenary session on December 15, the necessity of ensuring basic documentation for PVTG beneficiaries was highlighted as a prerequisite for implementing any aspect of the PM-JANMAN package.

Implementation Strategy and Action Plan

• An intensive Information, Education, and Communication (IEC) campaign starting on December 25, 2023, will drive the initiative.
• A detailed action plan involves coordination between various stakeholders, including UIDAI, CSC, Ministry of Agriculture, PMJAY, District Magistrates, and other departments.
• The goal is to achieve document saturation within one week in these PVTG habitations.

Awareness Creation and Local Engagement

• Efforts to produce informative material in local languages, such as pamphlets, videos, wall paintings, jingles, and cultural programs, form an integral part of the campaign.
• District-level officers, each assigned to a district, will supervise these activities, while state-level officers will coordinate with relevant state departments for seamless implementation.

Role of Tribal Research Institutes and Social Media Campaign

• Tribal Research Institutes in various states have been assigned duties to assist in planning and executing campaign activities at different administrative levels.
• Additionally, a social media campaign with specific hashtags aims to engage a broader audience and generate online discussions regarding the initiative’s objectives and progress.

Conclusion

• The PM-JANMAN initiative underscores the government’s commitment to uplift Particularly Vulnerable Tribal Groups by addressing their essential documentation needs.
• This comprehensive approach seeks to ensure the inclusion of all eligible beneficiaries, providing them access to vital services and benefits outlined in the package.

SOURCE: https://www.thehindu.com/news/cities/Delhi/pm-janman-government-targets-aadhaar-jan-dhan-caste-certificate-saturation-in-15000-pvtg-villages-in-1-week/article67674235.ece

THE CONTEXT: The  suspension of more than 140 MPs is being seen merely as a political contest between the government and the Opposition. However, it is rather the expression of a radical change in this regime which is collapse of parliamentary democracy.

ISSUES:

• Unconstitutional concentration of power: The biggest challenge is the pseudo constitutional appearances of terminologies. The rules of procedure, legal redress, constitutional morality, institutions or even the terminology of parliamentary democracy is not appropriate. The recourse to this formal language of democracy serves increasingly to provide a unconstitutional concentration of power.
• Parliament as dead institution: The weakening of Parliament leads to accretion of a disproportionate power in other institutions, disregard the system of checks and balances, and Parliament is effectively now seen as dead as an institution.
• Misuse of press: The media which is a site of public opinion formation recklessly worships power, or even creates appropriate diversions for it.
• Separation of power: The separation of powers has long been dead as an idea and in most parliamentary democracies, executive and legislative power has increasingly been fused. This has been a process long in the making and has roots in the nature of party government.
• Not a representative institution: For Parliament without Opposition is simply the unbridled power of the executive. It is not a representative institution, but a Parliament that now rests entirely in the persona of the leader.
• Personification of popular will: Democracy now is about the personification of popular will. This is the popular will institutionalised in a single person and enacted through the party. In this conception, the person wields power, without any seriously effective constitutional limitations. This leads to elected dictatorship and unprecedented concentration of power and monopolisation of all organs of the state.
• Monopolisation of power: Monopolisation of power is altering the fundamental nature of our regime, it is nothing short of a constitutional coup d’etat. Civil liberties are weakened to give the government more powers of surveillance and control. The three criminal code bills that the Lok Sabha has just passed and the Telecommunications Bill are just the two most recent instances.

THE WAY FORWARD

• Democratic Participation: Disruptions in Parliament are necessarily counter-productive. Thus, the government needs to be more democratic and allow the opposition to put their ideas in a free manner.
• Ensure productivity of parliament: There is a need to monitor the productivity of the day-to-day working of both Houses of Parliament. The overall productivity of the session also can be studied and disseminated to the public on a weekly basis.
• Ensure political accountability: There is a need to ensure political accountability. It can be done by allowing proper representation and right to seek answers and hold the government accountable to the parliament to ensure their responsiveness.

THE CONCLUSION:

There are diverse and often competing, even conflicting, views in political discourse. However, the plurality of views is the very essence of parliamentary democracy. The ability and willingness of the ruling party and the opposition to engage in a dialogue serve to demonstrate accountability in public governance.

PREVIOUS YEAR QUESTIONS

Q.1 Explain the structure of the Parliamentary Committee system. How far have the financial committees helped in the institutionalisation of the Indian Parliament? (2023)

Q.2 Discuss the role of Presiding Officers of state legislatures in maintaining order and impartiality in conducting legislative work and in facilitating best democratic practices.(2023)

MAINS PRACTICE QUESTION

Q.1 “Mass suspensions of legislators not only undermines principles of representative democracy but also leads to executive captures of parliamentary democracy.” Comment.

SOURCE: https://indianexpress.com/article/opinion/editorials/imfs-message-9078117/

THE CONTEXT: The recent suspension of a large number of Opposition Members of Parliament from the House in the Winter Session underlines the institutional weakening of our political system.

ISSUES:

• Parliament has been converted into a zone of conflict, where the established norms of discussion and deliberation are being conveniently sidelined.
• One one hand, ruling party invokes the House rules to supersede the parliamentary customs and conventions simply to get rid of the Opposition while the Opposition uses the act of disruption as a legitimate political technique.

FOUR IDENTIFIABLE FACETS OF THIS POLITICAL CRISIS:

1. Decline of Legislative discussion:

• • The idea of legislative discussion has lost its political significance. Parliamentary debates in recent years shows that MPs always adhere to party-line to make any comment, criticism or observation.
  • These remarks are often delivered in the form of a political speech, which usually does not determine the outcomes of actual legislative business. The parliamentary discussion therefore turns out to be a collection of unrelated speeches, disruptions and sloganeering.
  • The failure of parliamentarians to evolve a culture of mutual learning through healthy discussions and deliberations has weakened the democratic capability of Parliament as the supreme legislative body.

2. Professionalisation of politics:

• • Post-colonial Indian politics inherited values from the national movement and democratic politics was defined as a form of social service in the early decades after Independence.
  • However, recent electoral competition use factors as caste, religion and regional identity are recognised as powerful tools. Politics is now being seen rather differently as a profession to gain power and achieve upward mobility.
  • For example, the politicians who used to celebrate secularism as the ultimate moral value earlier do not hesitate to mock it as an outdated idea now.

3. Intellectual aspect:

• • This new form of competitive politics deteriorate intellectual aspect of political parties. There is an enthusiasm to embrace the dominant political narrative for electoral viability.
  • Opposition are no longer interested in posing any intellectual challenge in electoral politics.
  • The intellectual bankruptcy of the political class does not allow it to generate new political ideas and imaginations. As a result, the level of legislative discussions is compromised and disruptions become the acceptable norms of doing politics inside Parliament.

4. Decline of political morality

• • The Constitution expects legislators to evolve a political value-system so as to make themselves collectively accountable and responsible.
  • The manner in which the Rules to conduct legislative business have been invoked this time is deeply problematic.
  • Their imposition without any reference to larger democratic principles makes them politically inappropriate and logically unsustainable.

THE WAY FORWARD:

• Strike a balance between disruption and important issues: There is a need to strike a balance between deliberate disruption and raising important issues.
• Constructive role of opposition: Opposition members should play a constructive role in Parliament and they should be allowed to put forward their views and express themselves in a dignified manner.
• Address broader challenges: There is a need to address the broader challenges in the functioning of the Indian Parliament, including issues related to representation, responsiveness, and the need for procedural reforms.

THE CONCLUSION:

The present situation is an outcome of a much deeper political crisis, which poses a serious challenge to our democratic values and egalitarian constitutional principles. There is a need to take into account the concerns of voters who believe in parliamentary system to protect and nurture democratic values.

PREVIOUS YEAR QUESTIONS

Q.1 Explain the structure of the Parliamentary Committee system. How far have the financial committees helped in the institutionalisation of the Indian Parliament? (2023)

Q.2 Discuss the role of Presiding Officers of state legislatures in maintaining order and impartiality in conducting legislative work and in facilitating best democratic practices.(2023)

MAINS PRACTICE QUESTION

Q.1 The wholescale suspension of MPs in a single day highlights the ongoing challenges in maintaining order and decorum during legislative sessions. Comment.

SOURCE: https://indianexpress.com/article/opinion/columns/behind-suspension-of-143-mps-a-political-immorality-9076656/

TAG: GS 2: POLITY AND GOVERNANCE

THE CONTEXT: In 2023, only 18 audits of the Union government were tabled in Parliament by the CAG, marking a substantial decrease from previous years.

EXPLANATION:

• Between 2019 and 2023, the average number of reports presented annually stood at 22, contrasting sharply with an average of 40 reports per year from 2014 to 2018.
• The pinnacle was in 2015, with 53 reports, but since then, the number has been consistently lower, with four of the last six years witnessing 20 or fewer reports being tabled.
• The Comptroller and Auditor General (CAG) of India is responsible for conducting audits of the Union government’s financial transactions and presenting reports to Parliament for scrutiny and accountability.
• However, recent trends indicate a notable decline in the number of CAG audits tabled in Parliament, raising concerns about transparency and accountability in governance.

Factors Contributing to the Decline

• The reduction in the number of reports coincides with multiple factors, notably the downsizing of staff strength within the CAG and budgetary constraints faced by the Indian Audit and Accounts Department.
• In 2023-24, the allocation to this department represented a mere 0.13% of the Union Budget, signifying a severe reduction in financial support for conducting audits and maintaining operational capabilities.

Budget Cuts and Staffing Challenges

• Budgetary constraints have posed significant challenges for the CAG, impacting its ability to carry out comprehensive audits effectively.
• The decline in staff strength and financial resources has likely hindered the capacity of the CAG to conduct thorough examinations of government expenditure, leading to a decrease in the number of audits produced and tabled for parliamentary scrutiny.

Implications for Transparency and Accountability

• The diminishing number of CAG audits tabled in Parliament raises concerns regarding transparency and accountability in governance.
• These reports serve as critical tools for assessing the government’s financial management, identifying inefficiencies or irregularities, and ensuring accountability to taxpayers and citizens.

Urgency for Addressing the Issue

• The decline in the presentation of audit reports emphasizes the urgency for addressing the resource constraints faced by the CAG.
• Adequate funding and adequate staffing are essential to enable the CAG to fulfill its mandate effectively, ensuring robust oversight of government spending and operations.

Need for Reinforcement of Oversight Mechanisms

• Efforts should be directed toward reinforcing oversight mechanisms, enhancing the capacity of the CAG to conduct rigorous audits, and facilitating the presentation of comprehensive reports to Parliament.
• This reinforcement is vital for upholding transparency, promoting accountability, and fostering good governance practices within the government.

Comptroller and Auditor-General of India (CAG):

• CAG is an independent authority under the Constitution of India.
• He is the head of the Indian audit & account department and chief Guardian of Public purse.
• It is the institution through which the accountability of the government and other public authorities (all those who spend public funds) to Parliament and State Legislatures and through them to the people is ensured.

Conclusion

• The reduction in CAG audits tabled in Parliament, attributed to budgetary limitations and staffing challenges, underscores the importance of reinforcing the CAG’s capabilities.
• Strengthening oversight mechanisms and providing adequate resources to the CAG are essential steps toward ensuring effective scrutiny of government finances and operations, thereby upholding transparency and accountability in governance.

SOURCE: https://www.thehindu.com/todays-paper/2023-12-19/th_chennai/articleGIBC5O39O-5232531.ece

THE CONTEXT: The security breach in Parliament featuring a theatrical attempt by individuals to highlight an issue of public importance and the Union government’s response to it have been deeply problematic.

MORE ON THE NEWS:

• The government has hindered any debate over this issue in Parliament which lead to an unprecedented high number of suspensions of Opposition legislators which disregard deliberative democracy.
• Over 90 opposition MPs suspended so far for causing ruckus and for disrupting parliamentary proceedings.
• Unlike in the two Lok Sabhas (2004-14), when even ruling party legislators, including rebels, were suspended for unruliness, this time only opposition members have been subject to suspension and also this is for far less severe offences since 2014.

ISSUES:

• Denial of legislative debate: Denial of legislative debate further affects the democratic processes in the country. Legislative business and parliamentary work have been often given short time while one-upmanship through the use of suspensions, have dominated proceedings.
• Underutilising parliamentary committee: Over the course of recent parliamentary sessions, there have been multiple attempts at oppressing the opposition. There have been attempts at getting Bills passed without adequate discussion and under-utilising standing and parliamentary committees.
• Targeting dissenters: One of the issue arising is misuse of the draconian Unlawful Activities (Prevention) Act to indiscriminately target dissenters, such as the protesters who threw canisters and raised slogans in Parliament. It has also fallen into the recent pattern of a deliberate equation of dissent with terror.
• International image: Such actions in parliament in India have compelled global democracy reports by research institutions such as V-Dem Institute to characterise India’s democracy as an “electoral autocracy”. Also, this has led the U.S.-based Freedom House, that measures civil and political liberties, to declare India as “partially free”.

THE WAY FORWARD

• Code of conduct of MPs and MLAs: There must be strict adherence to the code of conduct for MPs and MLAs so that there is least disruption of proceedings in parliament.
• Strong legislative oversight: A strong legislative oversight system ensures accountable government and the realization of the welfare state’s promise. For an effective parliamentary democracy, strict parliamentary supervision is a must.
• Effective discussion: The hallmark of a functioning democracy is deliberation, where elected legislators debate and discuss issues of public importance. A thorough deliberation can be done by efficient utilisation of parliamentary and standing committees to delve into the proposed legislation.
• Regulating suspension of parliamentarians: Parliament can amend its rules to give MPs more power when confronting the government and enable its committees to play a larger role in the legislative process. The Speaker’s adjudicating power over anti-defection legislation could be handed to the other agencies like Election Commission of India for impartial decision of suspensions.

THE CONCLUSION:

Parliament is regarded as the highest institutions in the country in which representative democracy is implemented. However, the recent actions by the government contribute to the backsliding of democracy in India, making it a matter of serious concern. There is a need for further strengthening the Parliament to prevent disruption of its proceedings and to deepen its role as the forum for deliberation on critical national issues.

PREVIOUS YEAR QUESTIONS

Q.1 Explain the structure of the Parliamentary Committee system. How far have the financial committees helped in the institutionalisation of the Indian Parliament? (2023)

Q.2 Discuss the role of Presiding Officers of state legislatures in maintaining order and impartiality in conducting legislative work and in facilitating best democratic practices. (2023)

MAINS PRACTICE QUESTION

Q.1 The functioning of Parliament has deteriorated over time, which is not a good sign for a healthy democracy. Comment.

Source: https://www.thehindu.com/opinion/editorial/legislative-decline-the-hindu-editorial-on-governments-actions-and-a-disregard-for-deliberative-democracy/article67651320.ece

THE CONTEXT: The Supreme Court of India recently unanimously upheld the actions of the Indian government.  Though, abrogation of Article 370 can be held politically correct, concern arises as it lets the Centre get away with violating the constitution and federal principles.

MORE ON THE NEWS:

• The decision has been upheld, in three judgments, one main and two concurring of the Constitution Bench of five judges of the Supreme Court which has facilitated a complete integration of Jammu and Kashmir into the Union of India.
• The unanimous judgment would have been welcomed but this is not all that happened as is facing criticism because of below mentioned reasons.

ISSUES:

• Against constitution and federal principles: Actions taken by the Centre was neither according to the provisions of the Constitution, nor in accordance with well-settled principles of federalism which is a basic feature of the Constitution.
• Diminution without consent of state assembly: Under Article 370 of the Constitution, Article 3 was applied to the erstwhile state of Jammu and Kashmir. It came with a condition that its area would not be diminished by the executive nor by Parliament, without the consent of the J&K State Assembly. However, contrary to this assurance, a very substantial diminution of the area of the State of J&K held without the consent of the inhabitants of Jammu and Kashmir.
• Change of status quo: Recent judgments led not only diminution of the area of the state of Jammu and Kashmir but its status too was unilaterally altered from state to Union Territory a situation not justified by any provision in the Constitution.
• Threat to Federalism: The powers of the Union government with respect to states seem to be enhanced by the verdict, which could be politically unstable. As it could lead to threat to federal principles.
• Concerns of Parliamentary Sovereignty: There are concerns that the  Union can impose the President’s Rule first and then substitute parliamentary approval in place of the Assembly even for highly divisive issues like the splitting of a state.
• Powers of the President under Article 370(1) (d): The President’s power under the Article was not a “constituent power” but merely a power to apply provisions with “modifications and exceptions.”  Thus, abrogation of Article 370 without the consent of State’s Constituent Assembly is not right.
• Violating constituent assembly: Another important safeguard for the state of Jammu & Kashmir had been set out in Article 370 (3) itself as enacted in1950. It states power of the President under Article 370 to declare the entire Article 370 inoperative can come into effect only if the precondition was fulfilled the recommendation of the Constituent Assembly of the state of Jammu & Kashmir. Disregarding this,
• Wrong interpretation by the court: The conclusion of the Court that the recommendation of the Constituent Assembly is not binding on the President was based on the Court’s erroneous interpretation of Article 370 (3) as being in two separate parts. The court wrongly states that the power under Article 370 (3) did not cease to exist upon the dissolution of the Constituent Assembly of Jammu and Kashmir.

THE WAY FORWARD:

• Revisit judgment: SC should act proactively and revisit its judgment of upholding the abrogation of Article 370 by the centre which was done without consulting state legislature.
• Restoring normalcy: There is a need of restoring normalcy in the region for trust-building. It can be done by fostering dialogue and engaging local leaders for peaceful conduction of democratic elections and restoration of the statehood of J&K.
• Ensuring Governance: There is a need for inclusive governance for addressing diverse aspirations of the region.
• Economic development: The imminent focus of the government must be on promoting inclusive economic development of the region by effective implementation of the affirmative policies of the government.
• Establishment of Truth and Reconciliation Commission: Justice Kaul, in his concurring opinion, suggested the establishment of a Truth and Reconciliation Commission in Jammu and Kashmir. This commission would be tasked with acknowledging and addressing alleged rights violations in the region, indicating a commitment to justice and reconciliation. It should be established as soon as possible.

THE CONCLUSION:

The present decision of the Supreme Court upholding the centre’s decision is not constitutionally correct. It undermines federalism and democratic processes in the region. There should be a collective action to ensure good governance in the region upholding the constitutional provisions.

PREVIOUS YEAR QUESTIONS

Q.1 To what extent is Article 370 of the Indian Constitution, bearing marginal note “Temporary provision with respect to the State of Jammu and Kashmir”, temporary? Discuss The future prospects of this provision in the context of Indian polity. (2016)

Q.2 The banning of ‘Jamaat-e-islaami’ in Jammu and Kashmir brought into focus the role of over- ground workers (OGWs) in assisting terrorist organizations. Examine the role played by OGWs inassisting terrorist organizations in insurgency affected areas. Discuss measures to neutralize the influence of OGWs. (2019)

MAINS PRACTICE QUESTION

Q.1 Critically examine the constitutional implications of the SC judgement upholding the centre’s decision of abrogation of Article 370 of the Constitution.

SOURCE: https://indianexpress.com/article/opinion/columns/supreme-court-verdict-on-article-370-fali-s-nariman-abbrogation-of-article-370-jammu-and-kashmir-9072109/

TAG: GS 2: POLITY AND GOVERNANCE

THE CONTEXT: The three Bills introduced by the Union government in the Lok Sabha in August 2023 to replace respectively the Indian Penal Code, the Criminal Procedure Code and the Indian Evidence Act were unexpectedly withdrawn on December 9, 2023. They were replaced by revised second drafts which were tabled by the Union home minister on December 12, 2023 in the Lok Sabha. 
EXPLANATION:

BACKGROUND:

• The August 2023 first drafts of the three Bills had drawn wide public outrage as an assault on our democracy.
• These were reviewed by the Parliamentary Standing Committee, reflecting the extremely poor quality and the alarming nature of the Bills, it was constrained to recommend a slew of changes. The Committee went to the extent of cautiously expressing mild concern about the vagueness of crucial definitions in the drafts
• In their second drafts too, the character of the Bills remains fundamentally anti-democratic. The fundamental objection to the first draft of the Bills is not removed by the second draft.

Key Modifications proposed in drafts are:

1. The most important change which will replace the Indian Penal Code, is that the government has entirely pulled back from the first draft’s expansion of the crime of terrorism beyond the existing definition in the Unlawful Activities (Prevention) Act, 1967 (UAPA).

• The UAPA defines as terrorist any act “with intent to threaten or likely to threaten the unity, integrity, security economic security, or sovereignty of India or with intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country”.
• Definition in the first BNS draft included as terrorism extremely vague acts such as “intimidating the general public or a segment thereof”, “disturbing public order”, “creating an atmosphere or spreading a message of fear”; “destabilising or destroying the political, economic, or social structures of the country”, or “creating a public emergency or undermining public safety”.
• Under the first BNS draft, these acts would be terrorist acts even if they are in the form of mere non-violent speech that does not involve the commission of any crime. Each of these vague formulations has the potential to be abused to lock up virtually anyone by converting legitimate public discourse into ‘terrorism’.
• The second draft of BNS withdraws the definition of a terrorist act in the first draft and entirely adopts the UAPA definition. There is one exception UAPA includes in terrorism the “production or smuggling or circulation only of high quality counterfeit Indian paper currency, coin or of any other material”. Whereas the second BNS draft widens this definition to cover the same activities with respect to any counterfeit Indian paper currency, coin or of any other material.
• The second draft of BNS also changes the punishment for ‘terrorism which results in death’ from life imprisonment without parole to life imprisonment as provided in UAPA (i.e., without ruling out parole).

Criticism:

• Double-barrelled weapon: While the modifications to the BNS definition of terrorism are welcome, it is disappointing that the government refused to drop the terrorism offence altogether from BNS as it is already covered under UAPA.  With this new BNS provision, the government will now have a double-barrelled weapon to prosecute and imprison terrorism under two statutes – a special law (UAPA) and the other a general law (BNS).
• Extraordinary police discretion: Given that one statute (UAPA) has some safeguards and a special court and the other (BNS) does not, this in itself creates an opportunity for potential rent-seeking and corruption on the exercise of this extraordinary police discretion. No justification has been provided for the need to maintain the offence of terrorism in two separate statutes.

2. Another potent weapon to be misused against non-violent dissent lay in the vague definition of “petty organised crime” in the first BNS draft. Under which any crime that causes general feelings of insecurity among citizens relating to thirteen enumerated acts and “other common forms of organised crime committed by organised criminal groups or gangs” was criminalised.

The government has pulled back on this open-ended definition and replaced it in the second draft with a more circumscribed definition: “Whoever, being a member of a group or gang, either singly or jointly, commits any act of theft, snatching, cheating, unauthorised selling of tickets, unauthorised betting or gambling, selling of public examination question papers or any other similar criminal act, is said to commit petty organised crime.”

3. Punishments

• In the second BNS draft, the government dropped the earlier proposal that life imprisonment in all cases shall be “imprisonment for remainder of a person’s natural life”.
• The second BNS draft clarifies punishment for ‘culpable homicide not amounting to murder’ which had not been clearly drafted in the first draft.
• Under the revised version, causing death by any rash or negligent act not amounting to culpable homicide will be punishable by five years’ imprisonment, reduced from seven years.

4. Mental unsoundness 

• The first drafts of the Bills wrongly substituted the IPC, CrPC and Evidence Act concept of “mental unsoundness” with the term “mental illness” without noticing the critical distinction between these two concepts.
• This error has been rectified in the second draft of all three Bills.

5. Use of electronic technology

• The draft Bills clearly indicate a lack of clarity and understanding about the use of electronic means in criminal justice.
• The second BNSS draft deletes various proceedings that were authorised to be conducted electronically in the first draft without explaining the need for the change.

Some key recommendations not accepted

• The Standing Committee’s recommendations that
• non-consensual sexual acts covered by IPC Section 377 should continue to be criminalized
• grounds must be provided by the Executive for commutation of sentences
• a special provision be included to protect healthcare workers
• adultery be maintained as a gender-neutral crime.

Criticisms of the Bills:

• The Bills weaponise the police and the criminal justice system to give the political leadership at all levels centre, state and local. It gives greater opportunity to abuse the criminal justice system for political gain through selective, targeted and politically biased prosecution against ideological and political rivals.
• The Bills create and maintain high-sounding but vaguely worded and easily abused offences such as “terrorism”; “organised crime”; endangering “sovereignty, unity and integrity of India”; and what we may call “sedition plus”.
• The Bills scale up police powers and discretion in a number of areas to be used for prosecuting these vague crimes. Violating well-established judicial standards, the Bills dilute the legal obligation of the police to file FIRs and register cases by providing police the option to conduct a preliminary inquiry before registering an FIR in certain cases.
• To expand the surveillance state, the Bills mandate the provision of biometrics by those who are not accused but are arrested in a case enhancing the incentive for arresting a person who is sought to be surveilled.
• There is no real effort in the Bills to enhance police accountability to the people. At a time when the judiciary is unable to protect citizens from malicious and selective prosecution. These Bills enhance repression in our country.

CONCLUSION: Rather than strengthening criminal justice administration, the Bills primarily serve political aims.  Like many other historic pieces of legislation, these three pivotal laws that will deeply affect the lives of all Indians will also be rushed through parliament with the explicit aim of avoiding any meaningful debate or genuine discussion on them.

Source: https://thewire.in/government/second-avatar-criminal-law-bills-has-anything-changed

TAG: GS 2: POLITY AND GOVERNANCE

THE CONTEXT: While India’s Constitution tilts towards the Centre on certain areas, not all states are equal either. Right after Article 370, the Constitution creates special provisions for at least nine states, from Article 371A-I.

EXPLANATION:

Quasi-Federal Structure of Indian Governance

• India’s constitutional framework reflects a quasi-federal structure, balancing the Centre’s authority with varying degrees of autonomy granted to states.
• The Seventh Schedule of the Constitution delineates Union, State, and Concurrent lists, outlining legislative powers shared between the Centre and states.
• However, certain provisions tilt authority towards the Centre in specific domains.

Understanding Special Status for States

• India’s diverse landscape necessitates differentiated approaches in governance, leading to special provisions for various states based on fiscal, political, and administrative considerations.
• These provisions aim to address regional disparities while fostering unity within the federal structure.
• However, critics argue that such asymmetric federalism could sow seeds of regionalism and impact national integration.

Examples of Special Status

• Beyond Article 370:
  • While Article 370 is a well-known instance of asymmetric federalism concerning Jammu and Kashmir, there exist special provisions for nine states, ranging from Article 371A-I.
  • These provisions fall under the Constitution’s section titled “Temporary, Transitional and Special Provisions,” intended to operate until crises like secessionist sentiments or conflicts cease.
  • Importantly, they lack explicit expiration dates.
• Negotiated Autonomy:
  • States like Nagaland and Mizoram negotiated autonomy with the Centre as a political compromise, safeguarding cultural practices, land ownership, and natural resources from parliamentary interference.
  • These special provisions were pivotal in resolving independence movements in these regions.
• Delhi’s Unique Arrangement:
  • Delhi, not classified as a state in the Constitution’s First Schedule, operates under Article 239AA, granting it legislative powers over state and concurrent list subjects.
  • This unique arrangement exemplifies a special status designed for the administration of the national capital.

Legal Interpretations and Recent Rulings

• Challenges and Interpretations:
  • The abrogation of Article 370 in Jammu and Kashmir led to legal challenges asserting that it conferred internal sovereignty, which couldn’t be unilaterally revoked.
  • However, a Supreme Court ruling clarified that Article 370 represented asymmetric federalism, distinct from internal sovereignty.

Conclusion

• The existence of special provisions for select Indian states reflects the nuanced approach to governance, accommodating diverse needs within the federal framework.
• While these provisions aim to address regional disparities and political compromises, ongoing debates persist regarding their impact on national integration and the duration of their applicability, signalling the complex interplay between federalism and the unity of the Indian nation.

SOURCE: https://indianexpress.com/article/explained/everyday-explainers/why-many-states-in-india-enjoy-special-provisions-9068631/

THE CONTEXT: More than four years after the abrogation of Article 370, the Supreme Court of India, recently, unanimously upheld the actions of the Indian government. While much of the discourse around the judgment has focused on the question of statehood, the special status of Jammu and Kashmir (J&K) was at the heart of the matter as well.

SPECIAL STATUS OF ARTICLE 370:

• Basic Principles committee’s report, based on which the State Constitution was drafted, stated: ‘The sovereignty of the State resides in the people thereof and shall except in regard to matters specifically entrusted to the Union be exercised on their behalf by the various organs of the State.
• The State’s legislature will have powers to make laws for the State in respect of all matters falling within the sphere of its residuary sovereignty’.

ANALYSING THE SC JUDGEMENT:

• To arrive at its conclusions, the Court employs a historical, textual, and structural interpretation of the Constitution of India, and all three approaches are deeply informed by constitutional monism.
• There are the sites where the Court employs a monist reading of the Constitution, and it sets a dangerous precedent for federalism in India.

Federalism and constitutional sovereignty

• Union Constitution as sole bearer of sovereignty: The monism that is reflected in the judgment imagines the Union Constitution as the sole bearer of internal and external sovereignty. Unlike this, Article 370 laid down an elaborate framework for the distribution of powers and authority between the Union and the State governments.
• Non recognition of shared sovereignty: By focusing more on the particular concept of sovereignty ‘which requires no subordination to another body’, the Court ends up refusing to recognise the shared sovereignty model of Article 370. Sovereignty in federal constitutions is not a binary concept but it encompasses various dimensions and exists along a spectrum of degrees.

The contingency of the presidential power

• Unbridled power of constituent assembly: Another site where the Court’s monism operates is in its reading of Clause 3 of Article 370. The Court rejects the argument that Article 370 had gained permanence after the dissolution of the Constituent Assembly. It stated that it is premised on the understanding that the constitutional body had unbridled power to alter the constitutional integration of the State with the Union’. In a constitutional democracy, no body or institution has unbridled powers. Further, Clause 3 of Article 370 is primarily concerned with the relationship of two powers and not just the status or the relationship of the power-bearing entities.
• Presidential power to abrogate Article 370: The proviso to Clause 3 makes it clear that the presidential power to abrogate Article 370 was contingent on the recommendation of the Constituent Assembly. As it is in the nature of the presidential powers under Clause 3 to be contingent on the Constituent Assembly, this limitation does not die with the dissolution of the Assembly. The relation of powers here does not mean that the President becomes ‘subordinate’ to the Constituent Assembly but that power as a federal arrangement has been distributed across multiple axes under Article 370.  President’s limitless power to abrogate Article 370 makes State’s Constitution inoperative .It led to application of the Indian Constitution to the State of Jammu and Kashmir which severely affects the federalism and constitutional democracy.

STATE’S VIEWS

• Non binding nature of state’s view: The judgment’s monism imagines popular sovereignty as a monolith where since the views of an individual state for the purposes of reorganisation are not binding on There are many sites within the Constitution where a recommendatory power is vested in a body. Merely because that power may not be binding does not mean that the power can be taken over by another body or that power need not be exercised.
• Unequal nature of states: The inevitable conclusion that one arrives at is that the popular sovereignty of a State’s people vis-à-vis the State becomes subordinate to the popular sovereignty of the entire nation vis-à-vis the Union as well as the States. This is particularly worrying in the context of J&K where the threshold for reorganising the State was historically much higher compared to the other States.

THE CONCLUSION:

The Court by relying on a monist reading of the Constitution has not only upheld the abrogation of Article 370 but has also put its stamp on the approval of the silencing of the voice of the people of the former State of J&K. At the same time, misuse of the President’s rule to bring irrevocable changes to the states like bifurcation of the state without consulting the state legislative assemblies undermines federal principles.

PREVIOUS YEAR QUESTIONS

Q.1 To what extent is Article 370 of the Indian Constitution, bearing marginal note “Temporary provision with respect to the State of Jammu and Kashmir”, temporary? Discuss The future prospects of this provision in the context of Indian polity. (2016)

Q.2 The banning of ‘Jamaat-e-islaami’ in Jammu and Kashmir brought into focus the role of over- ground workers (OGWs) in assisting terrorist organizations. Examine the role played by OGWs in assisting terrorist organizations in insurgency affected areas. Discuss measures to neutralize the influence of OGWs. (2019)

MAINS PRACTICE QUESTION

Q.1 What is constitutional monism? Examine the Supreme Court’s judgment on the abrogation of Art 370 in the context of the principle of  constitutional monism which seems to affect federalism and constitutional democracy in India.

SOURCE: https://www.thehindu.com/opinion/op-ed/article-370-judgment-is-a-case-of-constitutional-monism/article67635313.ece

THE CONTEXT: The SC upheld the decision to abrogate the special status of Jammu and Kashmir under Article 370. At the same time, the Constitution Bench of the Supreme Court expressly directed that the Election Commission of India (ECI) must conduct elections to the Legislative Assembly of J&K by September 30, 2024.

STATUS OF ELECTIONS IN J&K

• J&K remains among India’s most conflict-prone regions due to historical reasons related to integration of the erstwhile princely State into the Indian Union and later due to accumulated grievances over the conduct of democratic processes.
• Even when periodic and regular elections were conducted during the height of the militancy, participation was limited in many parts of the Valley, denoting the dissatisfaction with the political system.
• However, since the early-mid 2000s when electoral participation improved, and J&K’s citizens began to partake in the democratic process to get their concerns addressed.
• Then again due to agitations and protests by separatists over security policies and later due to steps taken by union government led to the current situation.
• In the last five and a half years, local government elections have been held with varying levels of participation indicating that the citizens in the state have been against the measures that have been implemented since 2018.
• It is welcome step that the Court has set a deadline to conduct the long-delayed elections in J&K, which has been under spells of Governor’s Rule and President’s Rule since 2018 and without a Legislative Assembly.

ISSUES:

• Delayed statehood: There is long standing demand of statehood that is being delayed unnecessarily. Even the recent SC judgment does not press the government to restore statehood to the bifurcated Union Territory. It could have directed the Union government to restore statehood by a specified date, as there remains no reason for the continuance of J&K as a Union Territory.
• Democratic process: Jammu and Kashmir has not seen legislative elections for nine years. The last Assembly election took place in 2014, and the last elected administration fell in June 2018. The delay in holding Assembly elections in Jammu and Kashmir has raised questions about the democratic process in the region. Despite assurances that the administration is ready whenever the Election Commission of India (ECI) decides, the recent announcement of a committee to look into simultaneous State and Union elections suggests that elections are unlikely to happen soon.
• Representation: The recommendations of the Delimitation Commission raised concerns about equal representation, affecting the democratic principle of equal representation. Further complicating matters were changes in residency rules that allowed a significant number of new voters to be added to the existing voter pool. The expansion of reserved seats and the inclusion of more groups in the Scheduled Tribes and Scheduled Castes categories could exacerbate competition within these categories. This led to concerns about the denial of democratic rights and constitutional obligations.
• Increasing militancy: Despite steps taken for maintaining peace in the state, political instability, separatism and Pakistan-sponsored terrorism continue to surround the state of Jammu and Kashmir.

THE WAY FORWARD:

• Early conduction of election: By conducting speedy assembly election, it is believed that elected representatives could address issues such as unemployment and land rights more effectively. Holding an Assembly election at the earliest could bring stability in the region.
• Deadline for statehood: As with elections, the Supreme Court should have given a deadline for restoration of statehood too. Restoration of statehood is an important measure as this guarantees a degree of federal autonomy to the province. It allows the elected government to be able to better address the concerns of the electorate than depend on the representatives of the Union government.
• Trust and confidence building: It is crucial to address the concerns and expectations of the people of Jammu and Kashmir. Delaying the democratic process undermines the region’s confidence in the political system. To build trust and stability, it is essential to ensure that free and fair election while giving representative of the diverse population.
• Outreach programme: Government can mitigate the challenges arising out of action on article 370 by launching a comprehensive outreach programme to all Kashmiris.
• International image: India’s unique selling proposition as a leader in the Global South can only be achieved if it sets precedent for conduct of formal democratic process in the country. It can be done by conflict resolution in places such as Kashmir.

THE CONCLUSION:

The delay in holding Assembly elections has led to widespread discontent in the region. People are concerned about the shrinking number of their representatives and the potential impact of new reservations on political dynamics.  It is time for the restoration of popular government as well as Statehood in J&K and elections should be held at earliest and for that strong political will is required.

PREVIOUS YEAR QUESTIONS

Q.1 To what extent is Article 370 of the Indian Constitution, bearing marginal note “Temporary provision with respect to the State of Jammu and Kashmir”, temporary? Discuss The future prospects of this provision in the context of Indian polity. (2016)

Q.2 The banning of ‘Jamaat-e-islaami’ in Jammu and Kashmir brought into focus the role of over-ground workers (OGWs) in assisting terrorist organizations. Examine the role played by OGWs in assisting terrorist organizations in insurgency affected areas. Discuss measures to neutralize the influence of OGWs. (2019)

MAINS PRACTICE QUESTIONS

Q) The abrogation of Article 370 was the culmination of a “gradual and collaborative exercise” spread over the past 70 years between the Centre and the State to integrate Jammu and Kashmir with the Union. Critically discuss the statement in the light of the SC verdict upholding the abrogation of Art 370.

SOURCE: https://www.thehindu.com/opinion/editorial/welcome-direction-the-hindu-editorial-on-the-supreme-courts-deadline-to-conduct-elections-in-jk/article67631471.ece

THE CONTEXT: The SC has upheld the government’s decision to abrogate Article 370, which conferred special status on the erstwhile state of Jammu and Kashmir and said steps should be taken to conduct elections in the assembly by September 30, 2024. However, it has received criticism and opposition termed the “manner” in which the abrogation of Article 370 took place as “unconstitutional.”

REASONS FOR ABROGATION:

Temporary Provision: Article 370 is titled “Temporary provisions with respect to the State of Jammu and Kashmir”. This suggests it wasn’t meant to be permanent.

Uniformity: Removal can lead to the uniform application of Indian laws to Jammu & Kashmir, integrating it fully with India.

Development & Growth: It was believed that removal can boost the region’s development, as it would get equal attention and opportunities like other states.

Limited Integration: It was argued that Article 370 has hindered the full integration of Jammu and Kashmir with the rest of India. They believe that the provision has perpetuated a sense of separatism and prevented the region from fully embracing its Indian identity.

ISSUES RAISED BY OPPOSITION:

Federal interest: In upholding the removal of Jammu and Kashmir’s special status, the Supreme Court of India has imperilled the rights of States. It represents not merely judicial deference, but a retreat from the Court’s known positions on federalism, democratic norms and the sanctity of legal processes. The most potent attack on federal principles is the Court’s conclusion that Parliament, while a State is under President’s Rule, can do any act, legislative or otherwise on behalf of the State legislature. This alarming interpretation undermines the basic feature of the Constitution as enunciated by the Court itself and may have grave implications for the rights of States.

Violating constitutional provisions:  Article 370, whether it was temporary or not, is a provision of the Indian Constitution. As per, Article 368 any provision of the Constitution has to be amended by the Parliament with a requisite majority. But abrogation was not done in accordance with that is termed as invalid.

Undermined historical context: The Instrument of Accession was like a treaty between two sovereign countries that had decided to work together. The SC verdict fails to appreciate historical context and undermines constitutional procedure by striping Kashmir of its special status and bring it on a par with other States.

Did not consult elected representative: The government seems to have acted in a mala fide manner by imposing President’s Rule for the intended abrogation of special status without the need to involve any elected representative from J&K. As, in the reorganisation of the state, the Presidential order also requires the concurrence of the government of the state. However, since Jammu & Kashmir is currently under Governor’s rule, the Governor’s concurrence is deemed to be the government’s concurrence.

THE WAY FORWARD:

Preserving Regional Identity: One of the primary rationales behind Article 370 was to respect and preserve the unique identity, history, and culture of the state of Jammu and Kashmir. There should be adequate steps by the union government to address the same.

Upholding Democratic Principles: Article 370 exemplifies India’s commitment to democratic principles by respecting the choice of the people of Jammu and Kashmir to have their own constitution and laws. There is a need to uphold democratic principles emphasizing the importance of a government accountable to the people it serves.

Safeguarding Federal principles: The state is an integral part of India with unique privileges and autonomy. There is a need to safeguard and enhance the autonomy and rights of the state the face of increasing centralization and interference from the Centre.

Addressing Historical Context: The inclusion of Article 370 was a response to the specific historical context of Jammu and Kashmir’s accession to India after independence in 1947. The provision was a result of negotiations between the leaders of the state and the Indian government to address the concerns and aspirations of the people of Jammu and Kashmir. This historical context should be kept in mind when taking any step that is irreversible in nature.

THE CONCLUSION:

The recent SC verdict though rightly upheld Indian sovereignty over J&K,  undermines federalism and democratic processes to a frightening degree. There is a need for holistic approach for a successful transition, combining economic growth, inclusive governance ensuring a brighter future for the region while upholding its sovereignty and integrity.

PREVIOUS YEAR QUESTIONS

Q.1 To what extent is Article 370 of the Indian Constitution, bearing marginal note “Temporary provision with respect to the State of Jammu and Kashmir”, temporary? Discuss The future prospects of this provision in the context of Indian polity. (2016)

Q.2 The banning of ‘Jamaat-e-islaami’ in Jammu and Kashmir brought into focus the role of over-ground workers (OGWs) in assisting terrorist organizations. Examine the role played by OGWs in assisting terrorist organizations in insurgency affected areas. Discuss measures to neutralize the influence of OGWs. (2019)

MAINS PRACTICE QUESTIONS

Q.1 With the verdict on Article 370 petitions, the Supreme Court (SC) has drawn to a close a historical legal battle that has recast Jammu and Kashmir’s constitutional relationship with the Union of India. Comment.

SOURCE: https://www.thehindu.com/opinion/editorial/ominously-anti-federal-on-the-supreme-courts-judgement-on-article-370-and-jks-special-status/article67628150.ece

TAG: GS 2: POLITY AND GOVERNANCE

THE CONTEXT: Recently, a private member’s Bill has been introduced in the Rajya Sabha aiming to amend the Constitution concerning the Governor’s role.

EXPLANATION:

• The primary goal of the Bill is to provide State Assemblies with the authority to recall Governors and enhance accountability and legitimacy within the Governor’s office.

Proposed Amendments and Electoral Process

• Election Process:
  • The Bill suggests altering the method of Governor selection by proposing that Governors be elected by an electoral college comprising members from Legislative Assemblies, Gram Panchayats, Municipalities, and Corporations via proportional representation and secret ballot.
• Fixed Term and Removal Process:
  • It proposes a fixed five-year term for Governors from the date of assuming office and outlines a process for Governors to resign by writing to the Speaker of State Assemblies.
  • Additionally, it suggests a removal process through a resolution passed by a two-thirds majority of the State Legislative Assembly.

Debate Highlights and Opinions

• Support from Opposition:
  • Members of the Opposition generally supported the Bill, citing the regular conflicts between Governors and State governments.
  • They advocated for Parliament’s intervention to safeguard the federal rights of States and criticized instances of Governors delaying assent to Bills, violating constitutional provisions.
• Concerns and Opposition Stance:
  • Some members expressed reservations about the Bill.
  • Some argued that the Governor’s office carries official responsibility, not accountability.
  • it was highlighted that the importance of the Governor is in maintaining the federal structure of the Constitution.
  • The Governor’s role as a bridge between the Centre and the States has been emphasized.

Criticism of Governor’s Role and Central Influence

• Issues Raised:
  • Members highlighted concerns about Governors allegedly functioning as political agents of the ruling party at the Centre, influencing decisions, and causing conflicts with elected State governments.
• Accusations of Central Influence:
  • Some MPs criticized the Governor’s office as a mechanism of colonialism, suggesting that Governors are guided by directives from central authorities, undermining their impartiality.

CONSTITUTIONAL PROVISIONS RELATED TO THE GOVERNOR

• Article 153 says that there shall be a Governor for each State. One person can be appointed as Governor for two or more States.
• A Governor is appointed by the President and is a nominee of the Central Government.
• It is stated that the Governor has a dual role.
• He is the constitutional head of the state, bound by the advice of his Council of Ministers (CoM).
• He functions as a vital link between the Union Government and the State Government.
• Articles 157 and 158 specify eligibility requirements for the post of governor. A governor must:
• Be a citizen of India.
• Be at least 35 years of age.
• Not be a member of the either house of the parliament or house of the state legislature.
• Not hold any office of profit.
• Governor has the power to grant pardons, reprieves, etc. (Article 161).
• There is a CoM with the CM at the head to aid and advise the Governor in the exercise of his functions, except some conditions for discretion. (Article 163).
• The Governor appoints the Chief Minister and other Ministers (Article 164).
• Governor assents, withholds assent, or reserves the bill for the consideration of the President passed by the Legislative Assembly (Article 200).
• Governors may promulgate the Ordinances under certain circumstances (Article 213).
• Governor’s role:
• The Governor holds a constitutional position and is expected to perform specific functions, including granting assent to bills passed by the state legislature and ensuring the proper functioning of state administration.
• The Governor’s actions are perceived as a hindrance to these responsibilities.

Conclusion and Divergent Views

• The debate over the private member’s Bill underscores the divergence in opinions regarding the role, selection, accountability, and influence of Governors in Indian states.
• While some advocate for enhanced accountability through State Assembly oversight, others emphasize the Governor’s role in maintaining the federal structure and bridging the gap between the Centre and States.
• The discussions in the Rajya Sabha reveal a spectrum of views on the proposed amendments and the contentious nature of Governor-State government relations within India’s federal structure.

SOURCE: https://www.thehindu.com/business/agri-business/food-ministry-revises-wheat-stock-limits-to-rein-in-prices-hoarding/article67618881.ece

TAG: GS 2: POLITY AND GOVERNANCE

THE CONTEXT: The Lok Sabha recently approved the bill – the Jammu and Kashmir Reservation (Amendment) Bill, 2023.

EXPLANATION:

• The Jammu and Kashmir Reservation (Amendment) Bill, 2023, was introduced in Lok Sabha on July 26, 2023.
• It amends the Jammu and Kashmir Reservation Act, 2004.
  • The Act provides for reservation in jobs and admission in professional institutions to members of Scheduled Castes, Scheduled Tribes, and other socially and educationally backward classes.

KEY FEATURES OF THE BILL INCLUDE:

• Socially and educationally backward classes:
  • Under the Act, socially and educationally backward classes include:
    • people residing in villages declared as socially and educationally backward by the Union Territory (UT) of Jammu and Kashmir,
    • people residing in areas adjoining the Actual Line of Control and International Border, and
    • weak and under-privileged classes (social castes), as notified.
  • The government may make inclusions or exclusions from category of weak and under-privileged classes, on the recommendations of a Commission.
  • The Bill substitutes weak and under-privileged classes with other backward classes as declared by the UT of Jammu and Kashmir.
  • The definition of weak and under-privileged classes is deleted from the Act.

Conclusion

• The passage of these bills marks a significant legislative step in reorganizing and reshaping representation and reservation in the J&K Assembly.
• The government’s assertion about positive changes and the opposition’s concerns over the timing of elections and restoration of statehood underscore the ongoing debate and challenges in the region following the revocation of Article 370.

SOURCE: https://www.thehindu.com/news/national/never-said-diluting-article-370-will-end-terrorism-in-jk-amit-shah/article67611177.ece

TAG: GS 2: POLITY AND GOVERNANCE

THE CONTEXT: The Lok Sabha recently approved the bill – the Jammu and Kashmir Reorganisation (Amendment) Bill, 2023.

EXPLANATION:

• The Jammu and Kashmir Reorganisation (Amendment) Bill, 2023 was introduced in Lok Sabha on July 26, 2023.
• The Bill amends the Jammu and Kashmir Reorganisation Act, 2019.
• The Act provides for the reorganisation of the state of Jammu and Kashmir into the union territories of Jammu and Kashmir (with legislature) and Ladakh (without legislature).

KEY FEATURES OF THE BILL INCLUDE:

Number of seats in the Legislative Assembly:

• The Second Schedule of the Representation of the People Act, 1950 provides for the number of seats in legislative assemblies.
• The 2019 Act amended the Second Schedule of the 1950 Act to specify the total number of seats in the Jammu and Kashmir Legislative Assembly to be 83.
• It reserved six seats for Scheduled Castes.
• No seats were reserved for Scheduled Tribes.
• The Bill increases the total number of seats to 90.
• It also reserves seven seats for Scheduled Castes and nine seats for Scheduled Tribes.

Nomination of Kashmiri migrants:

• The Bill adds that the Lieutenant Governor may nominate up to two members from the Kashmiri migrant community to the Legislative Assembly.
• One of the nominated members must be a woman.
• Migrants are defined as persons who migrated from the Kashmir Valley or any other part of the state of Jammu and Kashmir after November 1, 1989, and are registered with the Relief Commissioner.
• Migrants also include individuals who have not been registered due to:
  • being in government service in any moving office,
  • having left for work, or
  • possessing immovable property at the place from where they migrated but are unable to reside there due to disturbed conditions.

Nomination of displaced persons:

• The Bill adds that the Lieutenant Governor may nominate to the Legislative Assembly one member representing displaced persons from Pakistan-occupied Jammu and Kashmir.
• Displaced persons refer to individuals who left or were displaced from their place of residence in Pakistani-occupied Jammu and Kashmir and continue to reside outside such place.
• Such displacement should have taken place in 1947-48, 1965, or 1971 due to civil disturbances or fear of such disturbances.
• These include successors-in-interest of such persons.

SOURCE: https://www.thehindu.com/news/national/never-said-diluting-article-370-will-end-terrorism-in-jk-amit-shah/article67611177.ece

THE CONTEXT: Two important pieces of legislations regarding Jammu and Kashmir were passed by the lower house of Parliament recently. These are Jammu and Kashmir Reorganisation (Amendment) Bill, 2023, which aims to amend the Jammu and Kashmir Reorganisation Act, 2019, and the Jammu & Kashmir Reservation (Amendment) Bill, 2023, which aims at amending the Jammu and Kashmir Reservation Act, 2004. The two legislations are being viewed by opposition as an attempt by the Union government to tweak the political landscape to its advantage for electoral gains.

MORE ON THE NEWS:

• It has been more than five and a half years since an elected government collapsed and Governor’s rule was imposed in Jammu & Kashmir amidst the suspension of the elected Assembly.
• Subsequently, Article 370 that provided for special status for the erstwhile State was removed, the State bifurcated with the region encompassing Jammu and the Kashmir Valley made into a new Union Territory and Ladakh hived off into another.

Jammu and Kashmir Reorganisation (Amendment) Bill, 2023

• It amends the Jammu and Kashmir Reorganisation Act, 2019.  The Act provides for the reorganisation of the state of Jammu and Kashmir into the union territories of Jammu and Kashmir (with legislature) and Ladakh (without legislature).
• Number of seats in the Legislative Assembly:  The first increases the total number of Assembly seats from 107 to 114, with reservation of nine seats for Scheduled Tribes. Earlier there were 37 seats in Jammu which have now become 43, earlier there were 46 seats in Kashmir which have now become 47. Apart from that, 24 seats have been kept reserved for Pakistan-occupied Kashmir.
• Nomination of Kashmiri migrants:The Bill adds that the Lieutenant Governor may nominate up to five members, of which two will be women, one a Kashmiri migrant and one from PoK.

Migrants are defined as persons who migrated from the Kashmir Valley or any other part of the state of Jammu and Kashmir after November 1, 1989, and are registered with the Relief Commissioner.  Migrants also include individuals who have not been registered due to:

• being in government service in any moving office
• having left for work
• possessing immovable property at the place from where they migrated but are unable to reside there due to disturbed conditions.

Jammu and Kashmir Reservation (Amendment) Bill, 2023:

• It amends the Jammu and Kashmir Reservation Act, 2004.  The Act provides for reservation in jobs and admission in professional institutions to members of Scheduled Castes, Scheduled Tribes, and other socially and educationally backward classes.
• Under the Act, socially and educationally backward classes include:
• people residing in villages declared as socially and educationally backward by the Union Territory (UT) of Jammu and Kashmir
• people residing in areas adjoining the Actual Line of Control and International Border
• weak and under-privileged classes (social castes), as notified
• The government may make inclusions or exclusions from category of weak and under-privileged classes, on the recommendations of a Commission.
• The Bill substitutes weak and under-privileged classes with other backward classes as declared by the UT of Jammu and Kashmir.   The definition of weak and under-privileged classes is deleted from the Act.

ARTICLE 370 AND ITS REVOCATION

• Article 370 was a provision in the Indian Constitution that granted special autonomy and privileges to the state of Jammu and Kashmir. It allowed the state to have its own constitution, flag, and autonomy over most matters except foreign affairs, defence, and communications.
• This article was abrogated in 2019, revoking the special status of Jammu and Kashmir and integrating it fully into the Indian Union.
• On 5th August 2019, President of India in the exercise of the powers conferred by Clause (1) of Article 370 of the Constitution had issued the Constitution (Application to Jammu and Kashmir) Order, 2019. It repealed the special status previously accorded to Jammu and Kashmir.
• Jammu and Kashmir now abide by all legislative amendments made by the parliament, including the Right to Information Act and the Right to Education Act.

CONCERNS

• Pending SC verdict: The constitutionality of the changes under revocation of Article 370 is still under question and the Supreme Court has reserved its verdict on it. In this scenario, Union government has brought the Bills in a haste without waiting for the SC verdict on the matter.
• Seats in legislative assembly: There is an increase in number of nominated seats, and it is being believed that these members will mainly be Kashmiri Pandits from the Valley. In this regard, concerns have been raised of tilting the balance away from a Muslim-majority Valley.
• Violation of fundamental rights: It has been argued that in a federal democracy, the right to autonomous self-government is a fundamental right under Part III of the Constitution. It cannot be taken away without the due procedure established by the law.
• Delay in Restoration of Statehood:Another major concern is the delay in restoring statehood to Jammu and Kashmir. It has been four years since revocation of its special status since it was reorganized into Union Territories.  The government has not committed to a specific timeline for this restoration.

THE WAY FORWARD

• Elections in J&K: Elections is J&K should not be delayed further. There should be immediate restoration of the democratic process by holding popular elections. Elections should be held at the earliest and Election Commission of India and the State’s Election Commission will have to take a call soon to conduct elections. Also, local citizens need to be empowered through political platforms.
• Restoration of Statehood: It is time for the restoration of popular government as well as Statehood in J&K. It is imperative for the government to act with urgency in facilitating the reinstatement of J&K’s statehood. The absence of statehood limits the region’s capacity to have a say in its own governance, hindering its ability to address its unique concerns and aspirations.
• Strengthening Security and Peace: There is a need for strict measure to ensure security by countering insurgency to bring stability for development. It can also be done by strengthening local law enforcement and developing connectivity for trade and tourism. This would help not just to fill a glaring void in public life in the region but also set the stage for addressing the long-pending issues that have led to the persistence of militancy.
• Restoring Normalcy and Trust: There is a need for restoring normalcy and trust by fostering dialogue between local leaders and parliamentarians. At the same time, there should be focus on economic growth via infrastructure, tourism and special economic zones among others.

THE CONCLUSION:

There is a need for multi-faceted approach for a successful transition from UT to statehood for ensuring economic growth and inclusive governance in the region. At the same time, cultural preservation, and effective diplomacy needs to be ensured for upholding the integrity and security of the region.

PREVIOUS YEAR QUESTIONS

Q.1 To what extent is Article 370 of the Indian Constitution, bearing marginal note “Temporary provision with respect to the State of Jammu and Kashmir”, temporary? Discuss The future prospects of this provision in the context of Indian polity. (2016)

Q.2 The banning of ‘Jamaat-e-islaami’ in Jammu and Kashmir brought into focus the role of over-ground workers (OGWs) in assisting terrorist organizations. Examine the role played by OGWs in assisting terrorist organizations in insurgency affected areas. Discuss measures to neutralize the influence of OGWs. (2019)

MAINS PRACTICE QUESTION

Q.1 In a significant legislative move, the Lok Sabha passed two new bills amending key laws in Jammu and Kashmir which has raised concerns. Discuss the challenges arising from this situation and suggest potential initiatives that can be pursued to ensure lasting peace and stability in the region?

SOURCE: https://www.thehindu.com/opinion/editorial/no-fait-accompli-the-hindu-editorial-on-the-changes-proposed-in-the-lok-sabha-in-jammu-and-kashmir/article67615639.ece#:~:text=No%20fait%20accompli%3A%20The%20Hindu,Jammu%20and%20Kashmir%20%2D%20The%20Hindu