THE CONTEXT: Recently, the Uniform Civil Code adopted by the Uttarakhand Assembly aims to consolidate the laws relating to marriage, divorce and succession among all communities. The Uttarakhand has become the first state since pre-Independence Goa to adopt a uniform code for civil matters.

WHAT IS UNIFORM CIVIL CODE?

• Uniform civil code in India is the proposal to replace the personal laws based on the scriptures and customs of each major religious with a common set governing every citizen.
• These laws are distinguished from public law and cover marriage, divorce, inheritance, adoption and maintenance.
• It aims to establish a uniform legal framework for all citizens, regardless of their religion.
• Article 44 in the DPSP in Part IV of the Constitution, which states that “the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”.
• Thus, Constitution explicitly states that the state can only “endeavour” to achieve a common code among its citizens, rather than enforce it.

BACKGROUND: DIVERGENT OPINIONS

• When the Constitution makers made the adoption of a UCC one of the directive principles, opinion was divided on whether a UCC will undermine minority rights or promote equal status for women in all religions.
• R. Ambedkar felt the UCC, if enacted, should be voluntary in the initial stages.
• The previous Law Commission had said a UCC is neither desirable nor necessary, and, instead, suggested that each body of personal law be reformed to eliminate discrimination or regressive practices.
• However, the 22nd Law Commission has revived the idea and has started gathering views from the public.

ISSUES:

• Fundamental rights: The implementation of the UCC violates the Fundamental Rights guaranteed by the Constitution, including Article 25 (freedom to profess and practice one’s religion) and Article 29 (right to have a distinct culture). It also contradicts the provisions granted to states like Nagaland and Mizoram.
• Infringe upon minorities right: Major concerns have been raised that its enforcement may infringe upon the rights and distinct practices of minority communities in the state.
• Privacy and rights of individuals: The provisions in Uttarakhand UCC is violative of the Constitution as it aims to formalise live-in relationships through registration. This unwanted incursion into citizens’ personal life is worsened by the prescription of a three-month prison term for non-registration. It will expose citizens to intrusive inquiries, social hostility and pointless deprivation of liberty. It is violative of both rights and privacy of the individuals.
• Erode tolerance and fabric of society: Uniform nation does not necessarily imply a unified nation, it is being believed that the UCC will erode the boundaries of tolerance, despite being non-cognizable.
• Absence of consensus: It is quite obvious that there will be a lack of consensus because it is ultimately the difference of beliefs and ideology that affect a person’s morality. This factor can again make the take of UCC implementation difficult.

THE WAY FORWARD:

• Moderate the personal laws: The personal laws of different religions have unique issues and loopholes mainly due to their inclination towards the patriarchal concept of society. There is a need to bring moderation and balance in the personal laws of the country.
• National integration: Whatever laws and legislation that will be adopted should reflect India’s multiculturalism and preserve its diversity. This will ensure national integration as unity is more important than uniformity.
• Secularism: There is a need to treat every individual equally and for that steps need to be taken to maintain a fair principle of secularity.
• Consultation with Stakeholders: There is a need to make a broader consultation with all the major stakeholders, including religious leaders, legal experts in the process of developing UCC.

THE CONCLUSION:

Though, the implementation of a Uniform Civil Code (UCC) has the potential to enhance both secularism and national integrity in India. However, any decision regarding implementing such decision should include different perspectives and needs of different groups.

UPSC PREVIOUS YEAR QUESTIONS

Q.1 Discuss the possible factors that inhibit India from enacting a uniform civil code for its citizens as provided in the Directive Principles of State Policy. (2015)

Q.2 Communalism arises either due to power struggle or relative deprivation. Argue by giving suitable illustrations. (2018)

MAINS PRACTICE QUESTION

Q.1 Explain the concept of Uniform Civil Code. What are the challenges in its implementation and how can it affect the rights of the citizens?

SOURCE: https://www.thehindu.com/opinion/editorial/towards-uniformity-on-the-ucc-adopted-by-the-uttarakhand-assembly/article67825238.ece

THE CONTEXT: Ever since the start of the Fourteenth Finance Commission award period (2015-16), the Union government has been reducing financial transfers to States. This is in contrast given that the Fourteenth Finance Commission recommended devolving 42% of Union tax revenues to States, which is a clean 10 percentage points increase over the 13th Finance Commission’s recommendation. The Fifteenth Finance Commission retained this recommendation of 41%, excluding the devolution to Jammu and Kashmir (J&K) and Ladakh, which were recategorised as Union Territories.

ISSUES

• Weakening of cooperative federalism: The Union government’s moves are reducing the aggregate financial transfers to States. The Union government has not only reduced the financial transfers to States but also increased its own total revenue to increase its discretionary expenditure. The discretionary expenditures of the Union government are not being routed through the States’ Budgets, and, therefore, can impact different States in different ways.
• Lesser share for states in gross tax revenue: The Finance Commissions recommend the States share in the net tax revenue of the Union government. Though the Fourteenth and Fifteenth Finance Commissions recommended 42% and 41%, respectively, of the net tax revenue to be the shares of States, the share of the gross tax revenue was just 35% in 2015-16 and 30% in 2023-24. While the gross tax revenue of the Union government increased from ₹14.6 lakh crore in 2015-16 to ₹33.6 lakh crore in 2023-24, the States’ share in the Union tax revenue increased from ₹5.1 lakh crore to ₹10.2 lakh crore between these two years. In other words, the gross tax revenue of the Union government more than doubled while the share of States just doubled.
• Decline in Grants in aid: Grants-in-aid to States is another statutory grant recommended by the Finance Commission. The grants-in-aid to States declined in absolute amount from ₹1.95 lakh crore in 2015-16 to ₹1.65 lakh crore in 2023-24. Thus, the combined share of the statutory financial transfers in the gross tax revenue of the Union government declined from 48.2% to 35.32%.
• Increasing cess and surcharge: The Union government is increasing tax collection under cess and surcharge categories mainly to implement its own schemes in specific sectors, and at the same time, the revenues so raised need not be shared with the States.
• More centralisation of public expenditure: When the financial transfers to States either as tax devolution or grants-in-aid decline this leads to availability of larger discretionary funds for the Union government to spend. This could affect the equity in distribution of financial resources among States.
• Increase in allocation for CSS: The Union government has two other routes of direct financial transfers to States, i.e., Centrally Sponsored Schemes (CSS) and Central Sector Schemes (CSec Schemes). Between 2015-16 and 2023-24, the allocation for CSS increased from ₹2.04 lakh crore to ₹4.76 lakh crore through 59 CSS. Thus, the Union government compels the State to spend more.
• Inter state inequality: This creates two different effects in terms of inter-State equity in public finances. Wealthy States can afford to commit equivalent finances and leverage Union finances inwards through the implementation of CSS. Less wealthy States will have to commit their borrowed finances in these CSS, thus increasing their own liabilities. These differential trajectories of the public finances of States accentuate inter-State inequality in public finances, the major reason being CSS.
• Scope for anti-federal fiscal policies: Together with statutory grants, the total financial transfers as a proportion to gross tax revenue were only 47.9% in 2023-24. Further, the non-statutory grants are tied grants, i.e., they have to be spent on specific schemes for which the grants are allocated. This reduces the freedom of States in conducting public expenditure.
• More power to Union government: In addition to retaining more than 50% of gross tax revenue, the Union government incurs a fiscal deficit to the extent of 5.9% of Thus, the Union government wields enormous financial powers with limited expenditure responsibilities.

THE WAY FORWARD:

• Increase the devolution: There is a need to increase the devolution of states to bring the cess and surcharges collections under a divisible pool, given that these are legitimate revenues and states do not have these additional leverages. By this inclusion, States will get a bigger pie of devolution from the Centre’s net proceeds to meet their expenditure commitments.
• Consensus Building: There is a need for collaboration and consensus building between the Centre and States for open discussions on fiscal matters. Finance commission can act as a mediator and facilitator in fostering dialogue.
• More weightage to fiscal efficiency: The Finance commission can give more weightage to fiscal efficiency in its criteria for transfers. By emphasizing fiscal consolidation and measuring the tax effort of States, the FC can encourage responsible financial management.
• Addressing Fiscal Disparities: There is a need to address the disparities between states by providing financial transfers to less economically developed states. Revenue deficit grants and other means can help bridge the fiscal gap and supports states with limited revenue-raising capacity.
• Promoting Cooperative Federalism: There is a need for an institutional mechanism that fosters cooperative federalism by facilitating intergovernmental fiscal transfers. It encourages collaboration and coordination between the Centre and the States, fostering a sense of shared responsibility in fiscal matters.
• Strengthening Fiscal Discipline: There is a need to promote fiscal discipline and accountability of states as well. It can be done by assessing the fiscal performance and needs of the States, to encourage responsible fiscal behaviour and to discourages unnecessary spending practices.

THE CONCLUSION:

There is constant fall of finances allocated to state from the Union government which is harming not only federalism in the country but hitting fiscal health of the nation. There is a need for constant review of the financial health of States and make periodic recommendations based on the evolving economic scenario.

UPSC PREVIOUS YEAR QUESTION

Q. How have the recommendations of the 14th France Commission of India enabled the States to improve their fiscal position? (2021)

MAINS PRACTICE QUESTION

Q. The Centre’s tax devolution to the States, which has been consistently falling short of the Finance Commission’s recommendation is a bad sign for cooperative federalism. Comment.

SOURCE: https://www.thehindu.com/opinion/lead/the-unions-reins-on-financial-transfers-to-states/article67818520.ece

THE CONTEXT: Since liberalisation in 1991, the audiovisual media has undergone a massive transformation. From the freeing of broadcast media from government control to spread of internet have prompted an explosion in the quantity, if not quality of media offerings. In the process, Indian journalism have changed in style as well as substance drastically as well.

ISSUES

• Privileging sensation over substance: Currently media is driven by the “breaking news” culture and competing just for sensation and rating points. Media has given up any pretence of providing a public service and privileging sensation over substance.
• Social media: Social media with its culture of unverified fact and viral opinion compounds the problem as it offers a ready platform for material that pass without any scrutiny.
• Print media: Matter are not much better in the print media as well despite its ability to provide context, depth, and analysis that television cannot provide. As, with rise of social media and relentless 24×7 breaking news cycle pressurise print media to publish without the traditional recourse to fact-checking.
• Rush to judgement: In a rush to air the story, media has fallen prey to the inevitable rush to judgment. In this way it serves simultaneously as witness, prosecutor, judge, jury and executioner. Media has become an agent of malicious allegation and charges are reported uncritically which cause the irreparable damage to innocent people’s reputations.
• Distortion of facts: There has left no distinctions among fact, opinion and speculation, reportage and rumour which has blurred the relevance of today’s Indian media.
• Affects democratic structure: The media’s obsession with the superficial and the sensational news trivialises public discourse. It turns down the media responsibility in democracy as it serves as a weapon of mass distraction from the public from the question of accountability.

THE WAY FORWARD

• Ensure free press: An independent press and news-media press act as an important check on Government and Administrators. Therefore, there is a need for free and professional media which is honest and efficient to serve as both mirror to society and to probe wrongdoings.
• Enforce culture of fact verification: There is a need to promote a culture of fact-verification and accuracy that the industry currently appears to lack. Journalists should not feel pressed by their employers to “break the news”, but empowered to hold stories until they are sure their facts and accusations are accurate. The rush to judgment on the basis of partial information must stop.
• Training: There is a need to insist on better journalistic training at accredited media institutes that emphasise values of accuracy, integrity and fairness in their students. These standards should extend to media organisations when misleading statements are published, these outlets should issue retractions with equal prominence.
• Ensuring diverse perspectives: There is a need to welcome different perspectives in our newsrooms and not allow them to become echo chambers forcing an opinion onto their viewers. Newsrooms must be required to maintain a more diverse journalistic environment and must be required to provide some space for the alternative view.
• Welcoming feedback: The journalists must welcome comments and feedback from their viewers and readers, to generate both an environment of trust between the consumers and the media. For example, The Hindu is one of the newspapers to have a Readers’ Editor who serves as an Ombudsman for the newspaper and acknowledges mistakes of fact or emphasis in the newspaper’s coverage. This helps drive a natural cycle of loyalty and engagement between the paper and its readers.
• Laws and regulations: The government must introduce laws and regulations that limit control of multiple news organisations by a single business or political entity, thereby encouraging an independent and robust press in the country.
• Independent regulator: There is a need for an independent supervisor or regulator for print and television news companies, as recommended by the Telecom Regulatory Authority of India and the parliamentary Committee on Information Technology. It would help limit the power of corporate and political over our media and help promote media standards.

THE CONCLUSION:

The media which is referred as fourth Estate have slipped from its true place in India is a serious concern for democracy.  For India to emerge as a responsible global player in the world and a model for 21st-century democracy, there is need of accountable and responsible media serving as the fourth pillar of our democracy.

UPSC PREVIOUS YEAR QUESTION

Q.1 Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy. (2017)

Q.2 “Recent amendments to the Right to Information Act will have a profound impact on the autonomy and independence of the Information Commission”. Discuss. (2020)

MAINS PRACTICE QUESTIONS

Q.1 Free and independent media are the lifeblood of our democracy. Discuss the significance of the statement and suggest measures that needs to be taken to ensure the freedom of press.

Q.2 The free press is both the mortar that binds together the bricks of our country’s freedom, and the open window embedded in those bricks. Comment.

SOURCE: https://www.thehindu.com/opinion/lead/indian-media-quo-vadis/article67753206.ece

THE CONTEXT: The Supreme Court of India granted a six-month extension to Delhi’s Chief Secretary Naresh Kumar in November 2023. The Court’s approval of an extension for Delhi’s Chief Secretary is seen as an instance of judicial self-abnegation.

ISSUES:

• Judicial self-abnegation: It has been observed that government has been hard headed in this case. Court abstained from self-restraint and justified the government stance. Apex court is criticised for being inconsistent with its past rulings.
• Ignoring the accusations: Supreme court has justified the extension with Government of National Capital Territory of Delhi (GNTCD) amendment act 2023 despite having allegations of corruption and favouritism The Solicitor General has mentioned that the central government is the ultimate decision-making body over the appointment of a chief secretary for the Government of the national capital territory of Delhi.
• Executive circumventing the judiciary: GNTCD amendment Act 2023 was passed to negate the service judgement by supreme court which held that under Article 239AA of the Constitution, the elected government of Delhi exercises control over services in Delhi. Delhi government’s recommendation was necessary for extending the tenure of the Chief Secretary under Rule 16 of the All-India Services Rules, 1958.
• Creating exception as an excuse: Supreme Court has carved an exception for the Chief Secretary of Delhi by holding that he is differently placed than other services and not bound by the Services judgment. However, the Court’s current order of November 29, 2023, permitting the Union Government to unilaterally extend the tenure of the incumbent Delhi Chief Secretary despite the Delhi Government’s opposition, undone the Court’s own reasoning and constitutional logic.
• Unresolved conflicts: Serious allegations of corruption are imposed on the chief secretary which are currently under investigation. Chief secretary has completely lost the trust and confidence of elected government. Therefore, chief secretary tenure can’t be extended in the name of public interest and any justification. Otherwise, it perpetuates the distrust between the elected government and the bureaucracy in all matters of governance.
• Ignoring the landmark judgements: Supreme court has not taken Royappa case into account in which it has explained the significance of chief secretary. Royappa held that Chief secretary is lynchpin in administration necessitating rapport between him and chief minister.
• Deciding matter on convenience: The court failed to note that the 2023 amendment did not overrule the application of Royappa case, and it is the “position of law as it exists today”. This flaw is clear from the fact that the Court order does not even rely on the 2023 amendment, for there is no provision under it relating to the appointment, or the extension of tenure, of the Delhi Chief Secretary.
• Impacting the federal relations: Supreme Court erroneously held that Lt. Governor can act in his sole discretion in appointment of Chief Secretary of Delhi. However, it should be grounded on the aid and advice of the elected Government of Delhi. The Court reasoned that the Chief Secretary is concerned with the three subjects reserved for the Union Government but overlooked the hundred state subjects over which Delhi government has competence.

THE WAY FORWARD

• Adherence to the constitution: Judges should maintain a firm commitment to uphold the Constitution. This involves actively ensuring that all laws and acts of the executive are in line with constitutional mandates.
• Maintaining right judicial position: The Supreme court should revisit and recollect the past judgements related to services to give reasonable and consistent judgements. Developing and adhering to robust legal principles and frameworks can help guide when self-restraint is appropriate and when it veers into self-abnegation.
• Addressing the corruption: There should not be even an iota of complacency in addressing the complaints of corruption. Investigations should be held in time bound manner.
• Impact on governance and accountability: The Supreme court should uphold the constitutional principles consistently. The judiciary should assert its independence by refraining from undue deference to the political branches of government.

THE CONCLUSION:

The key is for the judiciary to find the right balance in fulfilling its constitutional duties effectively while respecting the functions and competencies of the legislative and executive branches. The Supreme Court may enhance the clarity in orders and appropriateness with reasonability of its decisions on matters related to the services in NCT of Delhi.

UPSC PREVIOUS YEAR QUESTION

Q.1 Whether the Supreme Court Judgment (July 2018) can settle the political tussle between the Lt. Governor and elected government of Delhi? Examine. (2018)

MAINS PRACTICE QUESTION

Q.1 Examine the concept of judicial abnegation within the context of the Supreme Court’s handling of service matters pertaining to the Chief Secretary of Delhi. Discuss the implications of the Supreme Court’s decision in the context of administrative control within the National Capital Territory.

Source: https://www.thehindu.com/opinion/lead/judicial-contradiction-in-delhi-chief-secretarys-extension/article67745632.ece

THE CONTEXT:  Recently, the Speaker of the Maharashtra Assembly was required to decide whether the breakaway group of Shiv Sena MLA under the leadership of Eknath Shinde voluntarily gave up the membership of their party. He then would have decided their disqualification depending on the inquiry, but speaker went ahead of his powers under the 10^th schedule and acted on the question as to which faction is the real party.

CONSTITUTIONAL PROVISIONS RELATED TO DISQUALIFICATIONS

• Originally, under the Tenth Schedule, a legislator could avoid disqualification on two grounds.

1. A split in political party occurs wherein one-third of the legislators form a faction and break with that party.

2. The legislator’s party merges with another party and not less than two thirds of them agree to the merger and walkout of the original party.

           In both these cases the outgoing legislators could claim exemption from disqualification.

• But the split provision in paragraph 3 of the Tenth Schedule was omitted through the 91st Constitution Amendment in 2003 because of the frequent abuse of this provision by legislators.
• Now only the merger provision in paragraph 4 remains which can protect defectors provided the conditions stipulated in paragraph 4 are met, the main condition being the merger of the defectors party with another party.
• It is an extremely difficult condition to fulfil, yet this condition is also being circumvented now in a number of cases.
• In Subhash Desai vs Principal Secretary, Governor of Maharashtra & Ors. (2023), the Supreme Court observed that a split has taken place in the Shiv Sena party, and thus two factions have come into existence.
• But in the context of the Tenth Schedule, this observation has no relevance because the Tenth Schedule does not recognise a split now. So, a split in a party no longer exempts the legislators from disqualification.

ISSUES:

1. An attempt to prevent disqualification

• The petition was filed by the original Shiv Sena party which sought the disqualification of the Shinde group. When such a petition is filed before the Speaker, he gets the jurisdiction to decide whether the respondent legislators have defected.
• This rebellion by the group of MLAs loyal to Eknath Shinde culminated in the formation of an alliance with the party in Opposition and Mr. Shinde being sworn in as Chief Minister.
• Speaker was called upon to decide whether this action of Eknath Shinde and his colleagues could be treated as voluntarily giving up the membership of the Shiv Sena party, and, hence, could be disqualified.
• Speaker judgment however tried to avoid this consequence and save the Shinde group from disqualification.

2. Flawed judgement:

• Voluntarily giving up the membership of their original party or voting against the whip of the party are treated as defection. The members of the legislature who do either of these things are liable to be disqualified under the anti-defection law contained in the Tenth Schedule of the Constitution.
• The fact that Eknath Shinde later became the Chief Minister or that a majority of the Shiv Sena’s legislators joined the Shinde group or that the original Shiv Sena party became a minority in the Assembly.
• These facts are irrelevant for the determination of the question of disqualification under the Tenth Schedule and speaker should not have taken into account these things to decide for the disqualification and hence is a deeply flawed judgment.

3. Speaker partial conduct:

• Speaker’s flawed move in the judgement indicates for the misuse of powers against Opposition members and unequal treatment for remarks against leaders.
• This instance of Speakers favouring ruling party is raising concerns over neutrality of the office of the speaker.

4. Against SC judgement:

• The Supreme Court of India has on several occasions explained the scope of the term voluntarily given up the membership used in paragraph 2(1)(a) of the Tenth Schedule.
• In Rajendra Singh Rana vs Swami Prasad Maurya (2007), the Court had said that when a member or a group of members of the ruling party joins hands with the Opposition party and meet the Governor along with the Members of the Opposition and try to form an alternative government, they can be said to have voluntarily given up the membership of their original party.
• So, in this case as well the conduct of the Shinde group of MLAs becomes clear that they have voluntarily given up the membership of their party.
• The Subhash Desai judgment makes it clear that the Shiv Sena led by Uddhav Thackeray is the original political party which alone could issue a valid whip to all the members of the Shiv Sena. It is that party whose membership the Shinde group voluntarily gave up and thus incurred disqualification under paragraph 2(1) of the Tenth Schedule.
• However, speaker went against the SC judgement and given its verdict in favour of the ruling party.

5. Going beyond constitutional provision:

• Tenth Schedule does not require speaker to decide which faction of the party is the real party. Yet, Speaker in this judgement tries to determine which faction is the real party.
• The question as to which faction is the real party cannot be decided by the Speaker as the Tenth Schedule does not require him to decide this. This question is decided only by the Election Commission of India under paragraph 15 of the symbols order.
• The only question that is required to be decided by the Speaker in some cases as a preliminary issue is which party the legislators defected from, or in other words which is their original political party.
• Thus, speaker went beyond the provisions of constitution as well to provide the judgment regarding the disqualification.

THE WAY FORWARD:

• Ensure impartial role of speaker: There is a need for adoption of substantive practices to instil confidence in the office of speaker. For this, there is an urgent need for speakers to demonstrate impartiality along with other reforms.
• Enhance Democratic Functioning: The anti-defection law seeks to balance political stability with democratic representation and legislative accountability. The Speakers of the Lok Sabha and Legislative Assemblies must carry out their functions in accordance with sound democratic practices.
• Amending the constitution: As political dynamics evolve, the legal frameworks ensuring their relevance and effectiveness must be evolved as well. Amendments should address existing shortcomings, such as defining “voluntarily giving up membership” and removing distinctions in disqualification criteria.
• Independent tribunal: There is a need to consider the reforms such as an independent tribunal for handling disqualification cases. This will ensure impartiality in the process and upheld the democratic functioning of the house.

THE CONCLUSION:

The recent case of partial behaviour shown by speaker in case of Maharashtra legislative assembly affects the democratic principles. In this regard, urgent measures are needed to address challenge and restore faith in the institution of the Speaker.

UPSC PREVIOUS YEAR QUESTIONS

Q.1 “Once a speaker, Always a speaker’! Do you think the practice should be adopted to impart objectivity to the office of the Speaker of Lok Sabha? What could be its implications for the robust functioning of parliamentary business in India. (2019)

Q.2 The role of individual MPs (Members of Parliament) has diminished over the years and as a result healthy constructive debates on policy issues are not usually witnessed. How far can this be attributed to the anti-defection law, which was legislated but with a different intention? (2013)

MAINS PRACTICE QUESTIONS

Q.1 The political crisis in Maharashtra has thrown the spotlight on the anti-defection law and the role of the speaker for the effective functioning of the house. Discuss the measures that can be taken to strengthen the impartiality of the Speaker in performing their duties.

SOURCE: https://www.thehindu.com/opinion/lead/a-speakers-flawed-move-to-determine-the-real-faction/article67741208.ece

THE CONTEXT: In the long-drawn political battle in Maharashtra, speaker in Maharashtra Legislative Assembly announced the verdict in the Shiv Sena MLAs disqualification case. This verdict is viewed as politically charged and has intensified the rift between party factions that has raised question on speaker office as well.

ISSUES:

• Affects representative democracy: Anti-defection law has been criticised as it affects representative democracy and impairs the deliberative nature of politics. It has been also targeted regarding its efficiency to curb political behaviour and the indiscriminate movement across party lines.
• Misuse of discretionary power by speaker: Another issue regarding the issue of anti defection is misuse of discretionary power of speaker. It also indicates that any loophole in the law will be used to the advantage of the majority party. Such misuse is not only the result of the lacuna in the law but also of the structural deficiencies with the role of the Speaker.
• Doesn’t set any time frame: It does not provide a clear and timely mechanism for deciding the cases of defection, and leaves the power to disqualify the members to the discretion of the presiding officers of the houses, who may be biased or influenced by political pressures.
• Limited power of court: It is also noted that the power of court to intervene is limited when the authority is acting ultra vires or there is a colourable exercise of their power. Also, the judicial review cannot be availed at a stage prior to the making of a decision by the Speaker, or at an interlocutory stage of proceedings. These rules limit the authority of the court in this regard.

10^TH  SCHEDULE OF THE INDIAN CONSTITUTION AND THE ROLE OF SPEAKER  

• The Tenth Schedule of the Indian Constitution, also known as the Anti-Defection Law, was added by the 52nd Amendment in 1985.
• It was a response to the toppling of multiple state governments by party-hopping MLAs after the general elections of 1967.
• It lays down the provisions related to disqualification of members of Parliament (MPs) and State Legislatures on grounds of defection.

Exception:

• It allows a group of MP/MLAs to join (i.e., merge with) another political party without inviting the penalty for defection.
• And it does not penalise political parties for encouraging or accepting defecting legislators.
• As per the 1985 Act, a ‘defection’ by one-third of the elected members of a political party was considered a ‘merger’.
• But the 91st Constitutional Amendment Act, 2003, changed this and now at least two-thirds of the members of a party must be in Favour of a “merger” for it to have validity in the eyes of the law.

Deciding authority:

• The decision on questions as to disqualification on ground of defection are referred to the Chairman or the Speaker of such House, which is subject to ‘Judicial review’.
• However, the law does not provide a timeframe within which the presiding officer has to decide a defection case.

Grounds for Defection:

• If an elected member voluntarily gives up his membership of a political party.
• If he/she votes or abstains from voting in such House contrary to any direction issued by his political party.
• If any independently elected member joins any political party.
• If any nominated member joins any political party after the expiry of six months.
  

THE WAY FORWARD:

• Strengthening Party Accountability: There is a need to introduce regulations to enforce internal party democracy and transparency that could potentially curb defection motivated by discontent within parties. It can be done by making party funding more transparent and accountable which can incentivize defections.
• Address structural issues: To examine the shortcomings of the anti defection law, it is imperative to critically analyse the role and importance of the office of the Speaker as it is the most important functionary under the anti-defection law.
• Global system: There is need to learn and take inspiration from the global system in case of anti defection law. For instance, due to well-established conventions, the Speakers in the United Kingdom shed all party affiliations upon election.

THE CONCLUSION:

It is essential to understand the role of the Speaker in anti defection law to holistically comprehend the manner in which they deviate from the anti-defection laws and subvert the procedure. There is an urgent need for a rigid and uncompromising anti- defection law to regain the faith of the people in the electoral system.

UPSC PREVIOUS YEAR QUESTIONS

Q.1 “Once a speaker, Always a speaker’! Do you think the practice should be adopted to impart objectivity to the office of the Speaker of Lok Sabha? What could be its implications for the robust functioning of parliamentary business in India. (2019)

Q.2 The role of individual MPs (Members of Parliament) has diminished over the years and as a result healthy constructive debates on policy issues are not usually witnessed. How far can this be attributed to the anti-defection law, which was legislated but with a different intention? (2013)

MAINS PRACTICE QUESTION

Q.1 “ The paradoxical nature of the office of the Speaker is one of the leading causes for the ineffective realization of the anti-defection law”. Examine.

SOURCE: https://www.thehindu.com/opinion/editorial/the-speakers-court-on-the-maharashtra-assembly-speakers-ruling/article67731204.ece

TAG: GS 2: POLITY

THE CONTEXT: The Finance Ministry confirmed the appointment of Arvind Panagariya, former Niti Aayog vice chairman and Columbia University professor, as the Chairman of the Sixteenth Finance Commission.

EXPLANATION:

• Arvind Panagariya, a renowned trade economist, previously held the position of the first vice chairman of Niti Aayog from 2015 to 2017.
• His expertise and experience in both academia and policymaking mark him as a fitting choice for this significant role.
• This crucial Constitutional body is tasked with recommending the tax revenue sharing formula between the Centre and States for the upcoming five-year period starting April 2026.
• The Sixteenth Finance Commission’s scope extends beyond determining the tax-sharing formula.
• It includes a review of current funding mechanisms for Disaster Management initiatives and proposing strategies to enhance States’ consolidated funds, aiming to augment resources available for Panchayats and Municipalities.
• The Cabinet had approved the terms of reference for the Sixteenth Finance Commission on November 29, emphasizing its importance in determining the tax-sharing framework between the Central and State governments.

Tenure and Deadline for Commission’s Recommendations:

• The Chairman and other Commission members will hold office until the submission of the report or October 31, 2025, whichever occurs first.
• The Commission is mandated to submit its recommendations by October 2025, enabling their integration into the Budget process for 2026-27.
• The Fifteenth Finance Commission, chaired by NK Singh, was constituted in November 2017.
• Its terms of reference were later modified, extending its tenure to six years by late 2019.
• This extension required the panel to deliver two reports, one for 2020-21 and a final report spanning 2021-22 to 2025-26.

Finance Commission:

• The Finance Commission is constituted by the President under Article 280 of the Constitution.
• As per the provisions contained in the Finance Commission [Miscellaneous Provisions] Act, 1951 and The Finance Commission (Salaries & Allowances) Rules, 1951, the Chairman of the Commission is selected from among persons who have had experience in public affairs, and the four other members are selected from among persons who–

(a) are, or have been, or are qualified to be appointed as Judges of a High Court; or

(b) have special knowledge of the finances and accounts of Government; or

(c) have had wide experience in financial matters and in administration; or

(d) have special knowledge of economics

• It is the duty of the Commission to make recommendations to the President as to—
  • the distribution between the Union and the States of the net proceeds of taxes which are to be, or may be, divided between them and the allocation between the States of the respective shares of such proceeds;
  • the principles which should govern the grants-in-aid of the revenues of the States out of the Consolidated Fund of India;
  • the measures needed to augment the Consolidated Fund of a State to supplement the resources of the Panchayats in the State on the basis of the recommendations made by the Finance Commission of the State;
  • the measures needed to augment the Consolidated Fund of a State to supplement the resources of the Municipalities in the State on the basis of the recommendations made by the Finance Commission of the State;
  • any other matter referred to the Commission by the President in the interests of sound finance.

Conclusion:

• Arvind Panagariya’s appointment as the Chairman of the Sixteenth Finance Commission heralds a critical phase in India’s fiscal policy planning. His expertise, coupled with the Commission’s wide-ranging mandate, underscores the significance of tax revenue sharing and strategic financial measures in fostering effective governance and resource allocation across Central and State jurisdictions.
• The Finance Commission’s role as an independent and authoritative body in shaping India’s fiscal policies continues to evolve, adapting to the dynamic socio-economic landscape of the country.

SOURCE: https://www.thehindu.com/news/national/government-appoints-arvind-panagariya-as-sixteenth-finance-commission-chief/article67692524.ece

TAG: GS 2: POLITY

THE CONTEXT: The forthcoming year, 2024, holds a significant series of hearings in the Supreme Court, with a focus on various crucial matters to be deliberated upon by several seven-judge Constitution Benches.

EXPLANATION:

• These crucial issues encompass diverse legal concerns and constitutional interpretations pivotal to India’s legal landscape.
• The roster of cases includes pivotal topics such as the passage of laws as Money Bills, sub-classification of Scheduled Castes and Scheduled Tribes, the intersection between legislative privilege breach and citizens’ fundamental rights, among others.

Scheduled Hearings:

• Money Bills and Enforcement Directorate Powers:
  • A significant case involves amendments in the Prevention of Money Laundering Act (PMLA) through Money Bills, granting extensive powers to the Enforcement Directorate.
  • The court had upheld the legality of these amendments but referred the question of passing them as Money Bills to a seven-judge Bench, assessing their constitutional validity concerning Article 110 of the Constitution.
• Sub-Classification of SCs/STs:
  • Another critical issue pertains to the sub-classification of Scheduled Castes and Scheduled Tribes.
  • Differing views by different benches necessitate a seven-judge Bench to reconcile the conflict and address the constitutional implications of allowing states to sub-classify these communities.
• Legislature’s Privilege and Fundamental Rights:
  • Exploring the interplay between legislative privilege under Article 194 and the protection of fundamental rights, a case involving the authority of the legislature’s privilege to supersede fundamental rights is set for deliberation.

Timeline of Hearings

• The Supreme Court is scheduled to hear four out of six cases in January 2024.
• Chief Justice of India will head the seven-judge Bench for these hearings, with the remaining cases slated for March.

Significance of Cases

• These cases hold substantial constitutional implications.
• The decision on Money Bills’ passage, SC/ST sub-classification, and the clash between legislative privileges and fundamental rights will shape the legal landscape and impact governance and societal equality.

Background

• The legal issues arose from various judgments, conflicts between earlier rulings, and the need for clarity and uniformity in constitutional interpretations.
• These cases highlight conflicting precedents and the necessity for cohesive legal guidelines.

Conclusion

• The upcoming Supreme Court hearings in 2024 are poised to address critical constitutional and legal dilemmas.
• It will ensure the resolution of conflicting interpretations and providing vital clarity on significant issues impacting governance, societal rights, and constitutional validity.

SOURCE: https://www.thehindu.com/news/national/2024-will-see-a-flurry-of-seven-judge-benches-hearing-a-series-of-crucial-issues-in-sc/article67666804.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

CONTEXT:  The Supreme Court (SC) in its recent judgment has ruled that its October 3 judgment, requiring the Enforcement Directorate (ED) to provide a copy of the grounds of arrest at the time of an accused being arrested under money laundering charges, does not apply retrospectively. This new judgement, pronounced by the bench led by J.Bela Trivedi has restricted the scope of Bansal verdict.

EXPLANATION

• Several petitions have been filed across courts, alleging illegal arrests by the ED on grounds that it only orally intimated grounds of arrest to the accused.
• The Bench held that non-furnishing of grounds of arrest till the date of pronouncement in Pankaj Bansal case cannot be held to be illegal.
• The apex court Bench further said that the accused need to be informed of the grounds of the arrest in writing within 24 hours and not necessarily at the time of arrest. But, oral communication is necessary.
• This, in effect, dilutes its earlier dictum.
• Provision of written communication about the grounds of arrest within 24 hours of arrest is in compliance with Section 19 of the Prevention of Money Laundering Act, 2002 and also with Article 22 (1) of the Indian constitution.

ED AND ITS POWERS

• The Directorate of Enforcement is a multi-disciplinary organisation mandated with investigation of offences of money laundering and violations of foreign exchange laws.

The statutory functions of the ED are:

• The Prevention of Money Laundering Act, 2002 (PMLA):
• Under this, the ED has been given the responsibility to enforce the provisions of the PMLA by conducting investigation to trace the assets derived from proceeds of crime, to provisionally attach the property and to ensure prosecution of the offenders and confiscation of the property by the Special court.
• The Foreign Exchange Management Act, 1999 (FEMA):
• Under this, the ED conducts investigation into suspected contraventions of foreign exchange laws and regulations, to adjudicate and impose penalties on those adjudged to have contravened the law.
• The Fugitive Economic Offenders Act, 2018 (FEOA):
• The Directorate is mandated to attach the properties of the fugitive economic offenders who have escaped from the India warranting arrest and provide for the confiscation of their properties to the Central Government.

OUTCOMES OF THE CLARIFICATION

• After the October 3 judgment, several PMLA undertrials had challenged their arrests based on Bansal’s three principles – first, the non-supply of written grounds; second, the absence of grounds other than mere “evasiveness”; and third, the presence of mala fides.
• Now, since the judgment cannot be applied retrospectively, those cases will no longer be valid.

CONCLUSION: The Pankaj Bansal judgment was a valuable step in terms of setting institutional accountability of the ED. But the current judgment by the SC seems to dilute the safeguard provided by Bansal case and hence requires reconsideration.

Source : https://www.livelaw.in/supreme-court/ed-can-give-reasons-in-writing-to-accused-within-24-hrs-of-arrest-pankaj-bansal-judgment-doesnt-apply-retrospectively-supreme-court-244662

TAG: GS 2: POLITY

THE CONTEXT: The central government introduced a Bill seeking to amend the service conditions of Election Commission of India (ECI) members.

EXPLANATION:

• The Bill was introduced in Parliament on August 10,2023 but was not taken up for discussion in the Monsoon Session.
• It has now been listed for consideration and passing on December 12, along with key amendments that would ‘restore’ the status of the members of the ECI.

Constitutional Background and Supreme Court’s Ruling

• Earlier, the Supreme Court mandated the appointment of CEC and ECs by a committee comprising the Prime Minister, Leader of Opposition in Lok Sabha, and the CJI.
• This ruling sought to rectify the absence of a specific legislative process for their appointment in the Constitution, thereby giving the central government significant authority in appointing these officials.

Criticism and Concerns Raised

• The proposed Bill received criticism from various quarters, particularly for replacing the CJI in the selection committee with a Cabinet Minister.
• This raised concerns over the government having undue influence in choosing candidates for these crucial positions.
• Former and current officials of the ECI raised objections not merely due to the alteration in perks but primarily because of the perceived downgrading of the ECI’s status from that of a Supreme Court judge to a government official.
• The status change, if implemented, was seen as potentially affecting the ECI’s authority to summon senior officials and Ministers, significantly impacting its ability to function independently.

Amendments and Reversal of Status Change

• Amidst the criticisms, Law Minister proposed amendments to restore the equivalence of the CEC and ECs to that of a Supreme Court judge.
• The amendments aimed to retain the existing salary, dearness allowance, and leave encashment rules for these positions, aligning them with the status quo.

Current Status and Future Appointments

• No appointments have been made through the revised mechanism outlined by the Supreme Court order since no vacancies have emerged in the ECI post the March ruling.
• The upcoming vacancy expected in February 2024, upon the retirement of EC Anup Chandra Pandey, will likely be the first opportunity to apply the mechanism laid down by the court.

Conclusion

• The proposed Bill faced significant opposition due to concerns over the selection process and potential downgrading of the ECI’s status.
• The government’s decision to revert the proposed changes through amendments underscores the importance of maintaining the ECI’s independence and authority, aligning its status with that of a Supreme Court judge.

SOURCE: https://indianexpress.com/article/explained/explained-law/eci-members-status-sc-judges-bill-explained-9065014/

TAG: GS 2: POLITY

THE CONTEXT: The Lok Sabha approved two bills on December 12 to extend the constitutional provisions granting 33% reservation for women in Parliament and State legislatures to the Union Territories of Puducherry and Jammu and Kashmir.

EXPLANATION:

• The bills aim to implement the Constitution (106th Amendment) Act in these regions to ensure gender representation in legislative bodies.

Debate Context and Dominance of Article 370 Verdict

• Despite the focus on the women’s reservation bills, the parliamentary discussion was largely influenced by the recent Supreme Court verdict regarding the abrogation of Article 370.
• The debate’s trajectory was steered towards this verdict, drawing attention away from the core topic of the bills.

Content of the Bills

• Minister of State for Home presented the Jammu and Kashmir Reorganisation (Second Amendment) Bill and the Government of Union Territories (Amendment) Bill in the Lok Sabha.
• The Bills aimed to modify the Jammu and Kashmir Reorganisation Act, 2019, and the Government of Union Territories Act, 1963, respectively, to facilitate women’s reservations in the legislative assemblies of Jammu and Kashmir and Puducherry.

Parliamentary Debates and Perspectives

• The importance of women’s representation has been emphasized.
• However, linking the debate timing to the recent Supreme Court verdict on Article 370, echoing the disappointment of parties from Jammu and Kashmir.
• The absence of MLAs in Jammu and Kashmir for the past six years has been highlighted, questioning the governance structure in the Union Territory.
• Historical obligations and promises during Jammu and Kashmir’s accession to India has been referenced, expressing concerns over the unresolved issues post the Article 370 abrogation.

Implementation and Future Steps

• The implementation of the women’s reservation law faces delays as it awaits the next census (anticipated in late 2024) and subsequent delimitation exercises in 2026 to determine the specific constituencies reserved for women.
• The women’s quota in the Lok Sabha and Assemblies will be in effect for 15 years, with provisions for Parliament to extend the benefit period subsequently.

Conclusion

• Despite the bills’ passage aimed at enhancing gender representation in legislatures, the parliamentary debate was diverted towards the broader context of governance and unresolved issues following the abrogation of Article 370.
• The bills are a step forward for gender inclusion in the political landscape of Jammu and Kashmir and Puducherry, although broader governance concerns dominated the discussion.

SOURCE: https://www.thehindu.com/news/national/ls-clears-bills-for-womens-quota-in-jk-puducherry-assemblies/article67631129.ece

TAG: GS 2: POLITY

THE CONTEXT: The SR Bommai v Union of India case revolved around the interpretation of Article 356 of the Indian Constitution, which details the circumstances under which the President can impose President’s rule in a state.

EXPLANATION:

• In this case, a nine-judge bench of the Supreme Court deliberated on the legality and circumstances of imposing the President’s rule in a state.

Relevance of SR Bommai Case in Article 370 Ruling

• Judicial Review of President’s Proclamation:
  • SR Bommai set a significant precedent by allowing judicial review of the President’s proclamation imposing President’s rule.
  • The Supreme Court ruled that the proclamation could be subjected to judicial scrutiny based on grounds such as illegality, malafide, extraneous considerations, abuse of power, or fraud.
• Parliamentary Approval Requirement:
  • The case highlighted the necessity for parliamentary approval before the President exercises the power to impose President’s rule.
  • If Parliament doesn’t approve the proclamation within two months, the dismissed government automatically gets revived.
• Centre-State Relationship Clarification:
  • The ruling emphasized that while the Centre possesses considerable power concerning states, it cannot undermine or infringe upon the states’ reserved powers.
  • The judgment delineated a clear boundary, preventing the Centre from encroaching on the states’ powers.

Impact on Subsequent Presidential Proclamations

• Following the SR Bommai judgment, the imposition of President’s rule notably decreased.
• The ruling’s impact is evident in the reduction of President’s rule instances from an average of 2.5 times a year between 1950 and 1994 to just over once a year from 1995 to 2021.

Application in the Jammu and Kashmir Challenge

• In the context of the challenge to the abrogation of Article 370 in Jammu and Kashmir, the Supreme Court referred to the SR Bommai ruling extensively.
• The question arose regarding whether the President could approve the revocation of J&K’s special status during the period of President’s rule.
• The Court relied on SR Bommai to validate the actions of the President, asserting that these actions were constitutionally valid.
• It cited differing standards set in SR Bommai by Justices PB Sawant and Jeevan Reddy.
• Justice Sawant focused on determining if the exercise of power was mala fide or palpably irrational, whereas Justice Reddy underscored the need to consider advisability and necessity while evaluating the President’s actions.

Conclusion

• The SR Bommai case’s significance lies in establishing the parameters for judicial review of President’s rule and delineating the boundaries between the Centre and states.
• This landmark judgment served as a cornerstone for validating the actions of the President during President’s rule, as evidenced in the recent Supreme Court ruling on the abrogation of Article 370 in Jammu and Kashmir.

SOURCE: https://indianexpress.com/article/explained/key-aspects-of-article-370-verdict-unpacked-9064079/

TAG: GS 2: POLITY

THE CONTEXT: The Supreme Court’s recent ruling on December 11 emphasized that the declaration of State emergency under Article 356 and subsequent actions by the President must exhibit a “reasonable nexus.”

EXPLANATION:

• This implies that the actions taken by the President during the period of State emergency are subject to judicial scrutiny, and they should align with the objective of the emergency declaration.

Context of the Jammu and Kashmir Crisis

• The crisis in Jammu and Kashmir arose when Chief Minister Mehbooba Mufti resigned on June 19, 2018, following the withdrawal of support by the Bharatiya Janata Party (BJP).
• The Governor then issued a Proclamation under Section 92 of the Jammu and Kashmir Constitution, assuming the powers and functions of the State government in case of a constitutional breakdown.
• Subsequently, the State Legislative Assembly was dissolved on November 21, 2018, leading to the invocation of Article 356 by the President, which extended the President’s rule until July 3, 2019.

Key Legislative Actions and Constitutional Changes

• On August 5, 2019, the President issued the Constitution (Application to Jammu and Kashmir) Order, applying all provisions of the Indian Constitution to Jammu and Kashmir.
• Additionally, a new provision, Article 367(4), was introduced in the Indian Constitution to replace the requirement for a recommendation from the Jammu and Kashmir Constituent Assembly with that of the Legislative Assembly.
• This facilitated the abrogation of Article 370 without the former Assembly’s recommendation.

Open Question on the Proclamation of Article 356

• The Supreme Court left open the question of whether the objective behind the proclamation of Article 356 in December 2018 had a “reasonable nexus” with the subsequent actions of the President and Parliament in August 2019.
• The revocation of Article 356 in Jammu and Kashmir occurred only in October 2019.

Judicial Scrutiny of President’s Actions

• Chief Justice highlighted that the actions undertaken by the President during a State emergency are subject to judicial review.
• The Court can examine whether the actions of Parliament align reasonably with the objective sought to be achieved by the Proclamation of President’s rule under Article 356.

Burden of Proof and Shifting Onus

• The onus lies initially on the challenger to prima facie establish that the President’s actions during the emergency were a “mala fide or extraneous exercise of power.”
• If a prima facie case is established, the burden shifts to the Centre to justify that the exercise of power during the emergency had a reasonable nexus with the emergency’s objective.

Conclusion

• The recent Supreme Court ruling underscores the requirement of a reasonable nexus between the declaration of a State emergency under Article 356 and subsequent actions of the President and Parliament.
• It highlights the scope for judicial scrutiny of the President’s actions during an emergency and the shifting burden of proof in challenging the exercise of power during such times.

SOURCE: https://www.thehindu.com/news/national/declaration-of-state-emergency-under-article-356-and-subsequent-actions-of-president-should-have-reasonable-nexus-sc/article67628022.ece/amp/

TAG: GS 2: POLITY

THE CONTEXT: The Constitution Bench of the Supreme Court unanimously affirmed the President’s authority to abrogate Article 370 in August 2019, leading to the reorganization of Jammu and Kashmir into two Union Territories, thereby nullifying its special privileges.

EXPLANATION:

• Chief Justice D.Y. Chandrachud led the five-judge Bench that validated the President’s power to unilaterally issue a notification to nullify Article 370 if “special circumstances warrant a special solution.”
• The court emphasized that it could not contest the President’s decision regarding the cessation of the special circumstances that initially led to the establishment of Article 370.

Historical Integration of Jammu and Kashmir

• The court acknowledged the 70-year-long collaborative effort between the Centre and Jammu and Kashmir for the integration process.
• The aim was to align the rights and obligations outlined in the Indian Constitution with those of the people of Jammu and Kashmir, making them applicable in the entirety.

Redundancy of Jammu and Kashmir Constitution

• The Supreme Court declared the Jammu and Kashmir Constitution “redundant” and “inoperative,” emphasizing that the Indian Constitution stands as a comprehensive code for constitutional governance.

Restoration of Statehood and Elections

• The Centre assured the restoration of Statehood to the Union Territory of Jammu and Kashmir at the earliest.
• The Election Commission of India was directed to conduct Jammu and Kashmir Assembly elections by September 30, 2024.

Validity of Reorganization and President’s Rule

• The court did not find it necessary to examine the legality of reorganizing Jammu and Kashmir into two Union Territories.
• It upheld the creation of the Union Territory of Ladakh from the state.
• The timing of the abrogation following the dissolution of the Jammu and Kashmir State Legislative Assembly and the subsequent imposition of President’s rule did not deter the court’s decision.
• Even if the court had ruled against the Proclamation issued under Article 356, it stated that no material relief could be provided as President’s Rule was revoked on October 31, 2019.

Understanding Article 370’s Temporariness

• The court clarified that Article 370 was a “temporary provision” established during a time of internal conflict and war to facilitate Jammu and Kashmir’s accession to the Union.
• It underscored that only the Constituent Assembly of Jammu and Kashmir’s power to recommend abrogation ceased to exist with its dissolution in 1957.
• However, the President’s authority under Article 370(3) remained intact.
• Chief Justice highlighted that the State of Jammu and Kashmir did not possess “internal sovereignty” distinct from other states in the country.
• The special privileges and separate Constitution were considered aspects of asymmetric federalism rather than sovereignty.

Conclusion

• The Supreme Court’s verdict validates the abrogation of Article 370, emphasizing its temporary nature and underscoring the constitutional integration of Jammu and Kashmir into the Union.
• The ruling provides clarity on the President’s power, the historical context, and the state’s constitutional status while reiterating the primacy of the Indian Constitution in governing the entire nation.

SOURCE: https://www.thehindu.com/news/national/sc-upholds-abrogation-of-article-370-says-move-was-part-of-70-year-old-exercise-to-integrate-jk-to-the-union/article67626914.ece

TAG: GS 2: POLITY

THE CONTEXT: Seventy-five years ago, the UN General Assembly approved the Universal Declaration of Human Rights at a meeting in Paris – laying one of the foundation stones of the international order that emerged following the horrors of World War II.

EXPLANATION:

• The Universal Declaration of Human Rights (UDHR), adopted by the UN General Assembly on December 10, 1948, stands as a pivotal document in the realm of international human rights.
• Consisting of a concise preamble and 30 articles, the UDHR articulates fundamental rights and freedoms.

Foundational Principles and Key Rights

• The UDHR underscores the inherent dignity and equality of all individuals (Article 1).
• It asserts the entitlement of everyone to the rights and freedoms enumerated without discrimination based on various factors (Article 2).
• It safeguards crucial liberties such as the right to life, liberty, and security of person (Article 3), prohibits slavery and torture (Articles 4 and 5), and ensures equality before the law and fair trials (Articles 7-11).
• Additionally, the UDHR guarantees the rights to seek asylum, freedom of religion, opinion, expression, assembly, and education, emphasizing the universal nature of these rights.

Historical Context and Drafting Process

• Amid the aftermath of World War II and the Holocaust, global leaders sought to prevent future atrocities by establishing a roadmap for securing individual rights universally.
• The drafting committee, led by Eleanor Roosevelt, comprised members from various countries and finalized the UDHR after contributions from over 50 UN member countries.

Legal Status and Global Influence

• While not a legally binding treaty by itself, the UDHR’s principles have significantly influenced many nations’ laws and served as the bedrock of international human rights law.
• Its impact is evident in over 70 human rights treaties at both global and regional levels, guiding legal frameworks worldwide.

Contemporary Challenges and Relevance

• As the UDHR commemorates its 75th anniversary, the world faces numerous human rights challenges amidst conflicts, crises, and violations across different regions.
• Criticisms of the document include misuse for political agendas and selective observance by various governments.

Continuing Significance and Reflection

• Despite criticisms and challenges, the UDHR remains a foundational document, inspiring movements against discrimination, apartheid, and oppression globally.
• It stands as a testament to the possibility of a unified global vision for human rights and serves as a reminder of the imperatives of equality and dignity for all individuals.
• N. Human Rights Chief emphasizes the relevance of the UDHR and underscores the importance of honouring its successes and learning from its failures, asserting that human rights are intrinsic to every human being.

Conclusion

• The Universal Declaration of Human Rights, a product of the post-WWII global order, holds immense significance in guiding and shaping human rights law and advocacy worldwide.
• Despite challenges and criticisms, its enduring legacy underscores the vital importance of respecting and safeguarding the fundamental rights and dignity of every individual.

SOURCE: https://indianexpress.com/article/explained/explained-global/universal-declaration-of-human-rights-marking-75th-anniversary-9061964/

THE CONTEXT: The expulsion of Trinamool Congress MP from the Lok Sabha by a hurried voice vote, based on a report of the Ethics Committee of the House seems dangerous for parliamentary democracy.

MORE ON THE NEWS:

• By a 6:4 majority, including the vote of suspended Congress MP, the ethics committee recommended the expulsion of MP on the charges of ‘unethical conduct,’ ‘breach of privilege’ and ‘contempt of the House.’
• The committee cited in its report a precedent of the expulsion of 11 MPs in 2005 for a cash-for-query sting operation by a news platform. However, there was video evidence that established a strong case then, unlike the charges against the recent case.

ISSUES:

• Not enough scrutiny: There was not enough scrutiny conducted for the expulsion of MP in this case. The committee itself conceded in its report that it had no proof of cash exchanges, but it was emphatic in calling for her expulsion, and even labelled the sharing of her login credentials a criminal act. The report of the Ethics Committee was tabled and voted in a hurry rejecting the appeal of Opposition MPs for a more detailed discussion.
• Lack of transparency: One of the issues raised by the Ethics Committee is regarding endangering national security as some parliamentary documents are not in public domain. This means by giving the login credentials to a non-MP Ms. Moitra has violated the privileges of the parliamentarians and also undermined national security. However, this argument is against the principles of parliamentary form of government which is transparency in government functioning. Ideally, what parliamentarian have access to should also be available to the common people.
• Overlap with Privileges Committee: The work of the Ethics Committee and the Privileges Committee often overlap. An allegation of corruption against an MP can be sent to either body, but usually more serious accusations go to the Privileges Committee. The mandate of the Privileges Committee is to safeguard the “freedom, authority, and dignity of Parliament”.

However, often there is no such differences and often lead to contradictory situations.

• Enforcing Brute Majority: The precedent that the majority in Parliament can expel an Opposition member on a dubious charge is dangerous for parliamentary democracy. The recent expulsion of MP is a case of justice hurried and buried.

THE WAY FORWARD:

• Need of more scrutiny: The Parliamentary committee should take more time to study the case to reach at efficient and just conclusion. The extended time should be seen as an opportunity for deeper scrutiny to tackle all the issues raised in the case.
• Balancing Authority and Rights: The recent case underscores the need to strike a delicate balance between parliamentary authority and the rights of its members.
• Judicial Oversight: The potential for judicial review emphasizes the importance of legal oversight in maintaining democratic principles and fairness in legislative processes. It can be enforced for effective working of parliamentary system.

THE CONCLUSION:

Parliamentary privileges are conferred on the members for the smooth functioning of the parliament.  Mandating scrutiny of parliamentarians are not a hurdle to the legislative process, but it should be aimed at improving quality of governance rather than curbing on rights of parliamentarians.

PREVIOUS YEAR QUESTIONS

Q.1 “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)

Q.2 The role of individual MPs (Members of Parliament) has diminished over the years and as a result healthy constructive debates on policy issues are not usually witnessed. How far can this be attributed to the anti-defection law, which was legislated but with a different intention? (2013)

MAINS PRACTICE QUESTION

Q.1 Discuss the role of ethics committee in ensuring accountability in parliamentary system. Suggest ways to improve its effectiveness.

SOURCE: https://www.thehindu.com/opinion/editorial/bad-precedent-the-hindu-editorial-on-the-expulsion-of-trinamool-congress-member-of-parliament-mahua-moitra/article67624791.ece

THE CONTEXT: The Supreme Court’s pronouncement that the extension to the Chief Secretary of Delhi does not violate any rule turned a nail-biting thriller into a damp squib. The Centre granted extension to the  Chief Secretary of Delhi, and the apex court said it found nothing wrong with that.

ABOUT THE CHIEF SECRETARY OF THE STATE

Appointment: Chief Secretaries are chosen by the Chief Minister of State.

• All Chief Secretaries of Delhi have invariably been appointed by the Ministry of Home Affairs, which is the cadre-controlling authority of IAS and IPS officers of the AGMUT cadre (to which now the J&K cadre has been added).

Position: The Chief Secretary is the senior-most cadre post in the state administration, ranking 23rd on the Indian order of precedence. The Chief Secretary acts as the principal advisor to the chief minister on all matters of state administration and is the seniormost functionary of the civil services in a state.

Tenure: The office of Chief Secretary has been excluded from the operation of the tenure system. There is no fixed tenure for this post.

Functions: The Chief Secretary of Delhi performs two kinds of functions. He reports directly to the Lieutenant Governor on entries 1, 2 and 18 of List II of the Constitution of India, which pertain to police, law and order and land.

ALL INDIA SERVICES

• Their recruitment, training, discipline, age of retirement and retirement benefits emanate from the All India Services Act.
• The Act does not acknowledge extensions as normal but the rules provide for exceptions.
• Rule 16 of the All India Services (Death Cum Retirement) Benefits Rules, 1958 required the State government to make a recommendation for the six-month extension with the prior approval of the Union government.

ISSUES

• The Chief Secretary of NCT of Delhi is answerable only to the central government for matters relating to these three entries, which form the core of any government. Hence, if the central government so chooses (as it has) to extend the services of the Chief Secretary, it has not only the authority but its own justification to continue with the officer, regardless of the Delhi government.
• Since the incumbent Chief Secretary of Delhi has been accused of corruption involving a company where his son works, the government should have come up with another name.

THE WAY FORWARD

• The government should implement the provisions of FR 56(j) and compulsorily retire those whose record doesn’t measure up – not sporadically — but by using transparent benchmarks to cut out the deadwood, before it becomes a burden.

CONCLUSION:

Extending tenures should not be a routine practice but a well-justified decision based on pre-determined criteria. This ensures the selection process is objective and merit-based, minimizing potential bias or political influence. Ultimately, the focus should remain on upholding high standards of governance and ensuring efficient administration for the benefit of the people.

PREVIOUS YEAR QUESTION:

Q) Initially Civil Services in India were designed to achieve the goals of neutrality and effectiveness, which seems to be lacking in the present context. Do you agree with the view that drastic reforms are required in Civil Services. Comment. (2017)

MAINS PRACTICE QUESTION:

Q) “Is it appropriate for state governments to grant extensions to Chief Secretaries”, even if the government feels comfortable with known people’’. Discuss

SOURCE: https://indianexpress.com/article/opinion/columns/sc-approves-extension-of-delhi-chief-secretary-naresh-kumar-9050067/

THE CONTEXT: The latest edition of the National Crime Records Bureau (NCRB) report reveals disturbing trends. The recorded crimes against women, children, senior citizens, Scheduled Castes, and Scheduled Tribes show a steep increase, 468 people took their lives every day in 2022 and cybercrimes went up by nearly 25 per cent.

ABOUT NATIONAL CRIME RECORDS BUREAU(NCRB)

• The National Crime Records Bureau (NCRB) is an Indian government agency responsible for collecting and analysing, crime data as defined by the Indian Penal Code (IPC) and Special and Local Laws (SLL).
• NCRB is headquartered in New Delhi and is part of the Ministry of Home Affairs (MHA), Government of India.
• It was set up based on the recommendation of the Task force, 1985 and National Police Commission, 1977.

KEY HIGHLIGHTS FROM THE NATIONAL CRIME RECORDS BUREAU(NCRB) REOPRT

Decline in registration cases: In 2022, a total of 58,24,946 cognizable crimes comprising 35,61,379 Indian Penal Code (IPC) crimes and 22,63,567 Special and Local Laws (SLL) crimes were registered.

• This was a decline of 4.5% in the registration of cases over the second pandemic year, 2021.

Crime rate: The crime rate has declined from 445.9 in 2021 to 422.2 in 2022.

Crime against women: 4,45,256 cases of crime against women were registered in 2022. This was an increase of 4% over the 2021 numbers.

• The largest share of crimes against women under IPC sections was registered under ‘Cruelty by Husband or His Relatives’ (31.4%), followed by ‘Kidnapping & Abduction of Women’ (19.2%), and ‘Assault on Women with Intent to Outrage her Modesty’ (18.7%).

Cybercrimes: Reporting of cybercrime increased significantly by 24.4 percentage points compared to 2021.

• Around 64.8% of registered cases were of fraud, followed by extortion (5.5%), and sexual exploitation (5.2%).

Suicides: An increase of 4.2% was observed in suicides reported during 2022 (1,70,924 suicides) as compared to 2021.

• Family Problems (other than marriage-related problems)’ (31.7%), Marriage Related Problems (4.8%) and Illness (18.4%) have together accounted for 54.9% of total suicides in the country during the year 2022.

State-wise data in the report: The states/ UTs reporting the highest charge sheeting rate under IPC crimes are Kerala (96.0%), Puducherry (91.3%), and West Bengal (90.6%).

• This is the percentage of cases in which the police reached the stage of framing charges against the accused, out of the total true cases.

ISSUES

Data Inefficiencies at the local level: NCRB report is only a compilation of data submitted at the local level, inefficiencies or gaps in data at that level have an impact on the accuracy of the report.

Pressure faced by marginalised social groups: There is also a growing body of scholarship which shows that people from marginalised social groups are often pressured into not reporting crimes against them.

Limitation due to Principal Offence Rule: The NCRB follows what is known as the ‘Principal Offence Rule’.

• This means that among the many offences registered in a single FIR, the crime that attracts the most severe punishment is considered as the counting unit.
• Thus, ‘Murder with Rape’ would be counted as ‘Murder’, not rape — which would result in an undercounting of the crime of rape.

Socio-economic causative factors are not captured: The socio-economic causative factors or reasons of crimes are not being captured by the Bureau.

Women find difficult to register FIRs: NFHS reports or recent studies that show that women find it difficult to register FIRs.

• Women find it very difficult to report abusers in their close circles (husbands, fathers, partners, family members, friends).

Unfilled vacancies in the relevant posts:  shortage of police officers or unfilled vacancies in the relevant posts at the local level may hinder the collection of data.

THE WAY FORWARD

Demands action: Policymakers and law enforcement agencies should not overlook that almost every NCRB compilation has framed the vulnerabilities of women and marginalised sections.

Sharpen its methodologies: The NCRB must sharpen its methodologies and make its reports more nuanced.

Modernizing police forces: The police force today needs to tackle traditional crimes and cybercrimes. This calls for better and modernized communication, tracking and monitoring equipment.

Strengthening support services for victims: We can suggest strengthening support services for victims, providing safe shelter homes, and making legal aid more accessible.

Leverage Technologies: We can also leverage technology to create safer environments, such as panic buttons in public spaces and enhanced surveillance systems.

Formulating the annual police strategy: States should use NCRB’s data in formulating their annual police strategy, it should have a multi-dimensional and multi-purposed use in crime control, only then will this institution become result oriented.

CONCLUSION:

The growing incidents of cybercrime, as highlighted in the NCRB report, demands that law enforcement agencies remain proactive. Across the world, data is becoming an important tool for ensuring public safety.

PREVIOUS YEAR QUESTION:

Q) Explain why suicide among young women is increasing in Indian society. (2023)

MAINS PRACTICE QUESTION:

Q) While legal frameworks exist to address sexual violence against women, the disturbing reality is that these crimes continue to escalate. In this context, what innovative approaches can be implemented to tackle this menace effectively? Explain.

SOURCE: Express View on latest NCRB data: The crime story (indianexpress.com)

(Newspapers, PIB and other important sources)

Prelim and Main

1. What the World Malaria Report says about India READ MORE
2. COP28: What is Global Stocktake — and why is it important? READ MORE
3. RBI monetary policy: Why is the Monetary Policy Committee likely to leave repo rate unchanged? READ MORE
4. BCG revaccination study in high-risk adults to begin in 23 States READ MORE
5.  ‘India will be the largest cotton producer’ READ MORE
6. COP28 climate meet | India not among 118 nations that pledged to triple green energy READ MORE
7. Lithium supply strategy: India’s initiative with Argentina’s CAMYEN gains traction READ MORE
8. Natural superhero fungi boosts crop yields by 40% READ MORE
9. After COVID break, Centre approves fourth phase roll-out of GIAN scheme READ MORE
10. India agreed to withdraw soldiers from country, says Maldives President Muizzu READ MORE

Main

GS Paper- 1

1. Re-criminalising adultery as a gender-neutral offence READ MORE
2. Weather Report: East India braces for wet days ahead as Cyclone Michaung builds up; North India to remain dry READ MORE

GS Paper- 2

POLITY AND GOVERNANCE

1. The legal net to trap peddlers of deepfakes READ MORE
2. Private job quota for locals ends with order READ MORE
3. Role of Governors in focus again READ MORE

SOCIAL ISSUES

1. India, disability inclusion and the power of ‘by’ READ MORE  

 INTERNATIONAL ISSUES

1. Kissinger: Cold warrior of realpolitik READ MORE  
2. Time for a reset in India-US ties READ MORE

GS Paper- 3

ECONOMIC DEVELOPMENT

1. Growth surprise points to status quo on repo rate READ MORE
2. Economy well on track but growth not yet broad-based READ MORE
3. Why government is not worried about missing disinvestment target READ MORE
4. How Indian economy has silenced ‘perennial pessimists’ READ MORE
5. India’s geo-digital age is here – tech partnerships, data protection, semiconductors READ MORE

ENVIRONMENT AND ECOLOGY

1. Why India will continue to rely on coal for foreseeable future READ MORE  
2. India reduced emissions intensity 33% in 2005-2019, shows new submission to UN READ MORE
3. COP28 must put global climate action back on track READ MORE
4. Will COP28 UAE shape climate justice amid clash between urgency and economic realities in global climate action? READ MORE

SCIENCE AND TECHNOLOGY

1. The transformative benefits of population-level genome sequencing | Explained READ MORE   
2. Artificial Intelligence: Benefits outweigh the detriments READ MORE

INTERNAL SECURITY

1. Combating cybercrimes READ MORE

DISASTER MANAGEMENT

1. The Uttarakhand tunnel workers have been rescued. It’s time to ask hard questions about the project READ MORE

GS Paper- 4

ETHICS EXAMPLES AND CASE STUDY

1. Panacea for grief: Realise the eternity within READ MORE
2. Your anger, your energy READ MORE
3. Serve Param Purush READ MORE

Questions for the MAIN exam

1. A bottom-up approach to disability inclusion is needed to ensure that persons with disabilities are recognised as active members of society and the economy. In the light of the statement critically examine the schemes established as part of the Rights of Persons with Disabilities Act (2016).
2. The goal of social justice cannot be achieved without the inclusion of persons with disabilities in all spheres of development, starting with rural areas and rural resilience. Comment.
3. The historic marginalisation of persons with disabilities and the backsliding of the progress on the Sustainable Development Goals, a fundamental shift in commitment, solidarity, financing and action is critical. Discuss how the voices and needs of persons with disabilities be prioritised at the centre of the global development agenda.
4. ‘Strategic Autonomy’ deployed by India in recent times owes itself to the foundational principle of realpolitik, as it allows the practitioner to not get closeted within the linear grouping. Critically examine the statement.

QUOTATIONS AND CAPTIONS

• The greatest threat to our planet is the belief that someone else will save it.
• There needs to be more inclusive opportunities and employment in the rural areas as a majority of persons with disabilities live here.
• The first step is awareness to ensure last-mile connectivity of the benefits enumerated for people with disabilities by the government, which begins with the capacity-building of community leaders who can advocate for this at the grass-roots level.
• A bottom-up approach to disability inclusion is crucial to build productive pathways out of poverty and ensure that persons with disabilities are recognised as active members of society and the economy.
• The goal of social justice cannot be achieved without the inclusion of persons with disabilities in all spheres of development, starting with rural areas and rural resilience.
• A bi-directional link to poverty, nutrition, and hunger, and as a consequence, there needs to be more inclusive opportunities and employment in rural areas.
• The historic marginalisation of persons with disabilities and the backsliding of the progress on the Sustainable Development Goals, a fundamental shift in commitment, solidarity, financing and action is critical.
• It is about time that the voices and needs of persons with disabilities be prioritised at the centre of the global development agenda.
• Though the domestic economy is on a stronger footing, inflation needs to sustain at 4 per cent for interest rates to be cut.
• Though the domestic economy is on a stronger footing and global headwinds are not too threatening as to upset inflation-growth dynamics, the lingering El Nino impact on the farm sector could be a cause of concern.
• ‘Strategic Autonomy’ deployed by India in recent times owes itself to the foundational principle of realpolitik, as it allows the practitioner to not get closeted within the linear grouping and associated puritanism of ‘allies’ to which a sovereign subscribed.
• As India meanders and navigates its rise in global relevance and animus simultaneously, it would do well to mull over and keep pace with the evolving nature of diplomacy.
• The extent of moral compromises, leniencies and even suppressions done by Superpowers in their quest to assert their geopolitical agendas and interests, is even more pronounced.
• It is imperative to foster a constructive working relationship to resolve the disharmony between the Centre and the states.
• Instead of engaging in public arguments, Chief Ministers and Governors should create a more conducive environment for the federal structure to operate seamlessly. Establishing a positive and productive relationship is crucial for the efficient functioning of the state.
• The core commitment of COP28 is to conceptualise a sustainable socio-economic model that will substantively decouple itself from conventional reliance on the fossil-related energy model.
• The alignment of AI use cases with the vision of the organisation is the most important aspect of the adoption of AI.
• The development of AI should not be an ad-hoc process but a part of a well-thought-out strategy which has the support of the top management and confidence of all stakeholders as a tool for reducing their burden rather than replacing them or their work.

ESSAY TOPIC

• Strategy is not the consequence of planning, but the opposite: its starting point.

50-WORD TALK

• Tamil Nadu police have a new target. It’s called ED. Scenes of police raiding ED office upend the playbook of what has become so routine and partisan that nobody even ponders anymore. It shows how broken the federal compact is. The primary responsibility of repairing centre-state balance lies with centre.
• China has become the first nation to accept the Taliban’s ambassador, starting the normalisation of the outfit in the global order. This is the destiny of Afghanistan that everyone will have to accept, even as efforts continue to sustain international pressure on the Taliban for women’s rights and curbing terrorism.

Things to Remember:

• For prelims-related news try to understand the context of the news and relate with its concepts so that it will be easier for you to answer (or eliminate) from given options.
• Whenever any international place will be in news, you should do map work (marking those areas in maps and exploring other geographical locations nearby including mountains, rivers, etc. same applies to the national places.)
• For economy-related news (banking, agriculture, etc.) you should focus on terms and how these are related to various economic aspects, for example, if inflation has been mentioned, try to relate with prevailing price rises, shortage of essential supplies, banking rates, etc.
• For main exam-related topics, you should focus on the various dimensions of the given topic, the most important topics which occur frequently and are important from the mains point of view will be covered in ED.
• Try to use the given content in your answer. Regular use of this content will bring more enrichment to your writing.

THE CONTEXT: The President suggested that an All-India Judicial Service will help make the judiciary diverse by increasing representation from marginalised social groups.

MORE ON THE NEWS

• The President suggested that the creation of an All-India Judicial Service (AIJS) will help diversify the judiciary by allowing bright youngsters from varied backgrounds.
• The idea has been mooted and discussed in the past and has been part of discussions on official policy in the Union government for years.
• However, as the Union Law Minister disclosed last year in the Rajya Sabha, there is no consensus on the proposal.
• Only two High Courts agreed to the idea, while 13 were against it.

ABOUT ALL INDIA JUDICIAL SERVICE(AIJS)

• The idea of AIJS was first proposed by 14th Report of Law Commission titled ‘Report on Reforms on Judicial Administration’ in 1958.
• The All-India Judicial Service is a proposal to create a recruitment of district judges centrally through an all-India examination and allocated to each State along the lines of the All-India Services such as IAS and IPS.
• The current system of recruitment of district judges is through the respective High Courts and other subordinate judicial officers, through public service commissions.
• Article 312 of the Constitution, as amended by the 42nd Amendment, provides for the creation of an AIJS.

VIEWS OF THE PRESIDENT ON THE ALL-INDIA JUDICIAL SERVICE

• The President said that a more varied representation of India’s unique diversity on the Bench and the Bar definitely helps serve the cause of justice better.
  • One way to hasten this diversification process can be the creation of a system in which judges can be recruited from varied backgrounds through a process that is merit-based, competitive and transparent.
• There can be an all-India judicial service which can select brilliant youngsters and nurture and promote their talents from lower levels to higher levels.
• Those who aspire to serve the Bench can be selected from across the country to create a larger pool of talent.
• Such a system can offer opportunities to the less-represented social groups too.
• A national judicial service could be established to identify and cultivate talented young people, promoting them from lower to higher levels.
• Individuals interested in serving on the Bench could be chosen from all over the country, creating a larger pool of talent.
• This system could provide opportunities for underprivileged social groups as well.
• The President said India has been deepening democracy since winning freedom by upholding justice and equality and empowering every citizen.

ISSUES

States unlikely to agree: It is unlikely that all States will agree to one more subject from their domain being consumed by centralisation.

Legal education lacks country-wide uniformity:  However, it cannot be forgotten that legal education lacks country-wide uniformity. After enrolling, lawyers typically consider judicial service based on practical experience rather than academic brilliance.

Unlikely to sit for an NJS recruitment examination: Toppers, especially from the few elite law schools, are unlikely to sit for a national judicial service (NJS) recruitment examination. In comparison, options such as litigation, joining law firms and going into the corporate sector will appear more beneficial.

Lack of certainty: Number of district judges elevated to the High Courts is much lower than those from the Bar, the lack of certainty on career progression may also render a national judicial service unattractive.

WAY FORWARD

• Over the years, some states and high courts have expressed opposition to the formation of an All-India Judicial Service.
• Therefore, before establishing an AIJS, consensus is needed among the central government, states, and the judiciary.
• Efforts should be directed towards implementing more immediate solutions to address the challenges faced by the Indian judiciary.

CONCLUSION:

The establishment of an All-India Judicial Service (AIJS) is a complex and controversial issue that requires careful consideration and consensus-building among all stakeholders. It is essential to address the concerns and ensure that all stakeholders are on board. In the meantime, efforts should focus on implementing other measures to improve the efficiency and effectiveness of the Indian judiciary.

PREVIOUS YEAR QUESTION:

Q) Critically examine the Supreme Court’s judgment on ‘National Judicial Appointments Commission Act, 2014’ with reference to appointment of judges of higher judiciary in India. (2017)

MAINS PRACTICE QUESTION:

Q) “Good intentions do not always make for sound policy”. In this context discuss the issues with the implementation of the All-India Judicial Service (AIJS).

SOURCE: A non-starter: The Hindu Editorial on President Droupadi Murmu’s suggestion for an All-India Judicial Service – The Hindu

THE CONTEXT: In a sign of significant socioeconomic churning in various parts of India, there have been demands for reservation by communities that are known to be politically dominant and are not traditionally classified as “backward”.

WHO ARE THE MARATHAS?

• The Marathas are a group of castes comprising peasants and landowners among others constituting nearly 33 per cent of state’s population.
• While most Marathas are Marathi-speaking, not all Marathi-speaking people belong to the Maratha community.
• This politically dominant community in state comprises nearly one-third of the population of the state.
• Historically, they have been identified as a ‘warrior’ caste with large land holdings.
• Since the formation of Maharashtra state in 1960, of its 20 chief ministers, 12 have been from the Maratha community.

ABOUT MARATHA COMMUNITY

• Maratha community has had significant representation in positions of political power, over 35% of MLAs since 1967 and 12 of 18 Chief Ministers in the State.
• It has also traditionally been economically influential in rural areas due to landowning, over 75% of the cultivable land in the State, besides controlling an overwhelming majority of sugar factories.
• Data from the India Human Development Survey (IHDS) in 2011-12 in the State:
  • Marathas had a per capita consumption expenditure only lower than that of Brahmins.
  • Poverty incidence among Marathas was comparable to that of other forward communities and significantly lower than that of Scheduled Castes and Scheduled Tribes and marginally lower than that of Other Backward Classes.
• There are significant intra-community variations in terms of income and educational outcomes.
  • The IHDS survey showed that the highest quintile of the community had an average per capita income of ₹86,750, while the per capita income of the lowest quintile was one-tenth of this.
• The Marathas have been demanding reservation in government jobs and educational institutions for a long time.

ISSUES AROUND THE MARATHA RESERVATION

• In 2018, The government in Maharashtra had given reservation to the Maratha community in jobs and higher education, however, the Maharashtra government’s decision on quota was quashed by the Supreme Court in May 2021.
• A 5-judge bench of the Supreme Court in May 2021 said that the Maratha community was not socially and educationally backward. It also refused a review petition in April 2023 declaring that the law which granted quota was unconstitutional.

GOVERNMENT’S RESPONSE:

Government bowed to the demands of the latest agitation and set up a committee to help expedite the issue of Kunbi certificates to all Marathas so that they could benefit from reservations as part of the OBCs.

THE WAY FORWARD

Comprehensive socio-economic survey: The need for a comprehensive socio-economic survey across states, instead of knee-jerk responses to agitations, is a must to evaluate the implementation of reservation, its outcomes, and to find out which group deserves it based on constitutional provisions.

Bringing in proper framework: There is a need to bring proper framework for job ecosystem. As the role of the government is not in the matter of job creation but that of building an ecosystem conducive to creation of jobs. It has become common to suggest that the “New India” is characterised by the overwhelming importance of private enterprise, therefore new frameworks are needed.

Alternative ways to provide benefits: Alternative ways to provide benefits to the Maratha community, such as through scholarships or targeted subsidies. This would allow the government to address the specific needs of the Maratha community without creating a new reservation category.

CONCLUSION:

Any solution to the Maratha reservation issue will need to be carefully considered and will likely require a combination of approaches. The Maharashtra government will need to work closely with the Maratha community to develop a fair and equitable solution for all.

PREVIOUS YEAR QUESTION:

Q) Whether National Commission for Scheduled Castes (NCSC) can enforce the implementation of constitutional reservation for the Schedules Castes in the religious minority institutions? Examine. (2018)

MAINS PRACTICE QUESTION:

Q) Discuss the issues around the demand for reservation for the Marathas. Can we say that the time has come to extend the scope of reservation to private sector in India?. Argue.

SOURCE: Not a panacea: The Hindu Editorial on the Maratha demand for reservation – The Hindu

THE CONTEXT: In a parliamentary democracy, Governors do not have a unilateral veto over Bills passed by the legislature. This is the crux of the Supreme Court’s ruling in a case arising from Punjab after Governor Banwarilal Purohit withheld assent to some Bills passed by the State Assembly on the pretext that these were adopted in an illegal session of the House.

MORE ON THE NEWS

• Supreme Court’s judgment in State of Punjab vs Principal Secretary to the Governor of Punjab and Another, delivered on November 10, and made available on November 23, is a landmark in resolving federal disputes impinging on the office of the Governor.
• The elected government in Punjab was aggrieved on the ground that its Governor, neither assented to or returned four Bills passed by the State Assembly.
• The Governor was also accused of not furnishing a recommendation for the introduction of certain Money Bills in the Assembly.

SUPREME COURT’S JUDGMENT IN STATE OF PUNJAB VS PRINCIPAL SECRETARY TO THE GOVERNOR OF PUNJAB

• The Supreme Court has now read the power to withhold assent and the proviso in conjuction, holding that whenever the Governor withholds assent, he has to send the Bill back to the legislature for reconsideration.
  • This effectively means that the Governor either grants assents in the first instance or will be compelled to do so after the Bill’s second passage.
• The Court has done well to point out that Governors, in a system that requires them to function mainly on the aid and advice of the Council of Ministers, cannot withhold action on Bills and must act as soon as possible.
• This is a clear reprimand administered to Governors who believe they can endlessly delay action on Cabinet or legislative proposals because of the absence of a prescribed timeframe.
  • Governor’s stand that the particular session of the Assembly was illegal because an adjourned House was reconvened by the Speaker on his own-has been rejected.
• The Court has ruled that the earlier session had only been adjourned and not prorogued.

SCOPE FOR CONTROVERSY:

There is still some residual scope for controversy if, as a result of Governors being divested of the power to reject Bills unilaterally, they start referring Bills they disapprove of to the President.

• Such an eventuality should not be allowed to arise.

GOVERNOR’S POWER WITH RESPECT TO THE BILLS

Article 200 of the constitution:

• When a Bill has been passed by the Legislative Assembly of a State or, in the case of a State having a Legislative Council, has been passed by both Houses of the Legislature of the State, it shall be presented to the Governor.
• Governor shall declare either that he assents to the Bill or withholds assent or reserves the Bill for the consideration of the President.
• Governor may also return the Bill if it is not a Money Bill with a message requesting reconsideration by the house or houses.

Article 201 of the constitution:

• When a Bill is reserved by a Governor for the consideration of the President, the President shall declare either assents to the Bill or withholds assent from the bill.
• President may also direct the Governor to return the Bill to the House or houses of the legislature of the state for reconsideration.

• In case the Governor chooses to withhold assent, he should return the Bill as soon as possible with a message requesting the Legislative Assembly to reconsider the proposed law or any specified provisions or suggest amendments.
• The Assembly would reconsider and pass the Bill, and this time, the Governor should not withhold his assent.
• In short, the constitutional head of the State would bow to the considered decision of the elected representatives of the people.

VARIOUS COMMITTEE RECOMMENDATIONS:

The Sarkaria Commission (1987):

• The Commission has submitted that it is only the reservation of Bills for consideration of the President, that too under rare cases of unconstitutionality, that can be implied as a discretionary power of the Governor.
• Save in such exceptional cases, the Governor must discharge his functions under Article 200 as per the advice of ministers.
• It further recommended that the President should dispose of such Bills within a maximum period of six months.
• In the event of the President ‘withholding assent’, the reasons should be communicated to the State Government wherever possible.

The Punchhi Commission (2010):

The Commission had recommended that the Governor  should take a decision with respect to a Bill presented for their assent within a period of six months.

• However, these recommendations have not been implemented till date.

CHALLENGES ASSOCIATED WITH GOVERNOR’S OFFICE

The Appointment of Governors: The Governor  of a State shall be appointed by the President on the advice of the central government.

• Many states are unhappy about the role of the governor because the governor is appointed by the central government.
• Therefore, there is a possibility of the Governor’s office being used to control and remove the state government.

Disproportionate role in the affairs of opposition-ruled States: Most opposition-ruled States, namely, Kerala, West Bengal, Punjab, Telangana, Jharkhand and Tamil Nadu have had problems with respective Governors, who sought to display overbearing attitudes vis-a-vis the elected governments, using their discretionary powers under the Constitution.

No constitutional provisions in case of disagreement: There are no provisions laid down in the Constitution for the manner in which the Governor and the state must engage publicly when there is a difference of opinion.

THE WAY FORWARD

• As per our Constitutional scheme, there is a need for a nominal head of the State executive just like the President for the Union executive.
• However, federalism is a basic feature of our Constitution and the Governor’s office should not undermine the powers of elected governments at the States.
• The Constitution may be amended to provide that the Chief Ministers shall be consulted before appointment of the Governors.
• The recommendation of the Punchhi Commission that Governors may be removed through an impeachment by the State Legislature can also be considered.
  • This would arm the State legislatures with the power to remove an uncooperative Governor.

CONCLUSION:

The problem of delay in according to assent to Bills passed by the legislature is a burning issue that confronts our polity and quite often is an affront to our democracy and its fundamentals. Giving assent to Bills is one of the few areas in which the Governor can exercise his discretion. But again, this discretion cannot be used arbitrarily or based on a personal preference, but only in Constitutional terms with cogent reasons.

PREVIOUS YEAR QUESTION:

Q) Discuss the essential conditions for exercise of the legislative powers by the Governor. Discuss the legality of re-promulgation of ordinances by the Governor without placing them before the Legislature. (2022)

MAINS PRACTICE QUESTION:

Q) Discuss the role of the Governor with respect to the Bills passed by the State legislature. What insights can be drawn from the relevant Supreme Court judgments? Explain.

SOURCE: No vote for veto: The Hindu Editorial on Governors and their powers – The Hindu