SC’S ELECTORAL BONDS JUDGMENT: A VITAL VERDICT

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

ELECTORAL BONDS:

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

THE SUPREME JUDGEMENT ON ELECTORAL BONDS

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

POINTS MADE IN THE JUDGEMENT:

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

SIGNIFICANCE OF JUDGEMENT:

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

THE WAY FORWARD:

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

THE CONCLUSION:

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

UPSC PREVIOUS YEAR QUESTION

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

MAINS PRACTICE QUESTION

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

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




THE STATE OF THE INDIAN ECONOMY TODAY

THE CONTEXT: As, the state of the Indian economy and its prospects have to be based on mathematics and statistics, the recently published data by National Statistical Office needs to be analysed. This helps to understand the government’s economic performance as disclosed in Parliament and subsequently published in the media.

ISSUES:

  • Misleading data: Post-COVID-19, the growth rate of GDP has been estimated around 6% + annually but this is misleading because what is not disclosed is that the growth rate that includes recovery as well since 2020-22. Hence, if we calculate the GDP growth rate between 2019-20 and 2022-23, two normal years, it can be calculated less than 4% per year for the period.
  • Non acknowledgement: India’s GDP growth rate declined annually from 2016-17, and fell below 3.5% in the fourth quarter of 2019-20. This four-year continuous decline from a 7% growth rate to 3.5% rate has never been acknowledged by the government.
  • Slow growth rate: It is essential to recognise that since 2020, the current government publicised development model in reality achieved the so-called “Hindu rate of growth” in GDP, which had been “achieved” during the Congress’s socialist period of 1950-77.
  • Incoherence in economy: The ruling government has failed to structure economic policy coherently. Incoherence prevailed during the 2014-2023 period and will perhaps continue in the future as well.
  • Misleading media: The misleading announcements of promising predictions are being published annually in the media, with claims made by the ruling government. One such claim made in 2019 was that India will become a $5 trillion economy by 2024. There has been no policy structuring presented to achieve this aim nor has anyone in the government shown willingness to debate it on public fora.
  • Falling investment: The investment to GDP ratio has been largely falling for many years now. It peaked at 35.81% in 2007–08, which was 15 years ago. In 2022–23, it is estimated to have been 29.21%, an improvement over the three years before that, but worse than where it was before the pandemic broke out.
  • Lesser job creation: Falling of investment in the economy implies the creation of fewer jobs, which has an impact on the incomes that people earn, and which, in turn, affects private consumption and further job creation.

THE WAY FORWARD:

  • Taking cue from previous governments: During P.V. Narasimha Rao’s and Manmohan Singh’s tenures as Prime Minister, India departed from the socialist path and the GDP growth rates rose for the first time to 6%-8% per year and over a 15-year period i.e., between 1991-96 and 2004-2014. As, then government understood and took steps to reform the Indian economic system by reducing state participation, and increasing incentives for capital and labour providers and achieved a higher and faster growth rate.
  • Transparency: The Indian government is elected democratically and it is obligated to disclose the facts and data transparently to the people.
  • To generate demand: In this decade of weak demand and relatively excess supply, resources mobilised by the government should be largely through indirect taxes and also through the liberal printing of currency notes to generate demand from non-rich citizens.
  • To generate non inflationary demand: The annual interest paid on fixed-term savings in the bank accounts of the middle class should be higher at 9% or so. The interest rates on loans issued to small and medium industries should be no more than 6% on the loans. These essential reforms need to be carried out to generate non-inflationary demand.
  • A new economic policy: The recent economic policy of the government has been an unstructured flop. No announced macroeconomic goal has been achieved by the government till date. Thus, India urgently needs a new economic policy that is based on clearly structured and stated objectives and priorities, and a strategy to achieve the targets, with an intelligent and transparent resource mobilisation plan to finance the policies.
  • Free market system: The market system is not a free-for-all and is structured with rules of transactions. A market system with transparent and minimal regulation with principal drivers of incentives and domestic savings pushes up factor productivity and thus the GDP growth rate. Even a totalitarian state such as China implemented this. During Deng Xiaoping’s tenure as paramount leader, it allowed the socialist economic system to die, and allowed economic market-based system, even while maintaining the system of political dictatorship.
  • Affirmative action: There is a need for affirmative action including social security and safety nets for creating a stake for the poor in the system. It will create a level playing field to ensure transparency, accountability, trusteeship as well as corporate governance to legitimise profit-making that will drive the market system.
  • Empowering democratic institutions: Deregulation should also not mean that we reject government intervention for safety nets, affirmative action, market failures, and creating a level-playing field. Democratic institutions have to be empowered to guard against public disorder arising from rapid deregulation, as it happened in Russia post-1991. Russia underwent chaos and misery, which meant dictatorship returned a loss of human rights and democratic values in Russia.

THE CONCLUSION:

India’s economic growth has witnessed significant fluctuations in recent years and to ensure economic stability the government needs to take up stringent measures. This can be done through adequate investment in human capital development along with effective implementation and coordination among various stakeholders.

UPSC PREVIOUS YEAR QUESTIONS

Q.1 Define potential GDP and explain its determinants. What are the factors that have been inhibiting India from realizing its potential GDP? (2020)

Q.2 Do you agree with the view that steady GDP growth and low inflation have left the Indian economy in good shape? Give reasons in support of your arguments. (2019)

MAINS PRACTICE QUESTION

Q.1 The GDP-centric framing of Indian economic success is wrong-headed and is a flawed metric of national economic welfare. Comment.

SOURCE: https://www.thehindu.com/opinion/op-ed/the-state-of-the-indian-economy-today/article67838620.ece




CONJURING A CATHARSIS: ON THE GOVERNMENT’S WHITE PAPER ON THE ECONOMY

THE CONTEXT:

According to the White Paper released by the Finance Ministry, the UPA is accused of economic mismanagement, while the NDA’s reforms are praised. However, the Black Paper presented by the Congress criticizes the NDA’s policies, citing issues such as unemployment and distress among farmers.

THE ISSUES:

  • Scams and Corruption: The White Paper lists 15 “high-profile” UPA scams as alleged economic mismanagement, including coal, 2G spectrum, the Commonwealth Games, and a misappropriation case in the Jammu & Kashmir cricket board.
  • Governance Issues: The finance minister criticized the UPA’s ‘extra-constitutional’ governance system and failed to undertake pending reforms after the 1991 liberalization.
  • GST and Aadhaar: The White Paper credits the NDA government for delivering on GST and effectively using Aadhaar, despite some BJP states, including Gujarat, having reservations about them.
  • Pending Reforms: The NDA government has not found a consilient approach to critical pending factor markets reforms, such as land and labour, and has had to backtrack on farm sector reforms.
  • Economic Blunders: The Congress’s Black Paper highlights the NDA government’s economic blunders, such as demonetization, the flawed GST regime, unemployment with stagnant wage growth, farmers’ distress, and high inflation.
  • Oil Prices and Inflation: The Black Paper points out the high inflation rates despite lower crude oil prices than the UPA’s tenure.
  • GDP Growth and Employment Rates: The White Paper does not include real GDP growth and employment rates from the UPA and NDA years, which could be crucial economic performance indicators.
  • Reform Journey: India’s reform journey has been marked by successive governments building on past efforts, with many opportunities considered missed or bungled in hindsight.
  • Voter Expectations: The White Paper attempts to temper voters’ expectations from a government with a majority mandate.

THE WAY FORWARD:

  • Transparent and Inclusive Policymaking: Enhance transparency in economic policymaking by involving a broader range of stakeholders, including opposition parties, industry experts, and civil society, to ensure well-rounded policies and consider diverse perspectives.
  • Comprehensive Economic Reforms: Continue and deepen economic reforms in critical areas such as land, labour, and capital markets to improve India’s business environment and attract more investment. Addressing various states’ and stakeholders’ concerns and reservations about reforms like GST and Aadhaar is crucial for their successful implementation.
  • Accountability and Oversight: Enhance the accountability of public officials and institutions through regular audits, transparency initiatives, and public reporting to reduce the wastage of public resources and improve governance.
  • Focus on Inclusive Growth: Prioritize policies that promote inclusive growth, such as affordable housing, healthcare, and education, to ensure the benefits of economic growth are widely shared.
  • Addressing Unemployment and Wage Stagnation: Implement targeted programs to create jobs and support skill development to address unemployment and wage stagnation. Encourage private sector investment in labour-intensive sectors.
  • Prudent Fiscal Management: Maintain fiscal discipline by managing public expenditure and enhancing revenue collection to support sustainable economic growth and manage inflation effectively.
  • Digital Infrastructure and Services: Continue to invest in and expand digital infrastructure to improve public service delivery, enhance government efficiency, and foster innovation.
  • Data-Driven Policy Making: Utilize data analytics and technology to inform policy decisions, monitor implementation, and evaluate the impact of government programs and initiatives.
  • Acknowledging and Building on Previous Achievements: Recognize the contributions of previous governments and build on successful policies and programs, ensuring continuity and stability in governance.

THE CONCLUSION:

UPA and NDA have different views on shaping public opinion. NDA emphasizes reforms, while UPA highlights policy failures. Both have published White and Black Papers before elections to convince voters of their economic stewardship and criticize the other’s failings.

UPSC PAST YEAR QUESTIONS:

Q.1) Two parallel-run schemes of the government, viz. the Adhaar Card and NPR, one voluntary and the other compulsory, have led to debates and litigations at national levels. On merits, discuss whether both schemes need to run concurrently. Analyze the potential of the schemes to achieve developmental benefits and equitable growth. (2014)

Q.2) Effectiveness of the government system at various levels and people’s participation in the governance system are interdependent.” Discuss their relationship with each other in the context of India. (2016)

MAINS PRACTICE QUESTION:

Q.1) Examine the role of economic policies and reforms in shaping India’s growth trajectory over the last two decades. Discuss the impact of these policies on various sectors of the economy and suggest measures for sustainable and inclusive economic development.

SOURCE:

https://www.thehindu.com/opinion/editorial/conjuring-a-catharsis-the-hindu-editorial-on-the-governments-white-paper-on-the-economy/article67835416.ece




RBI ACTION AGAINST PAYTM: PAYMENT BLOCKED

THE CONTEXT: The Reserve Bank of India imposed restrictions on Paytm Payments Bank due to non-compliance issues identified through audits, affecting its operations and parent company’s (One97 Communications) stock value. Regulatory measures have previously been enacted, indicating ongoing challenges with compliance, impacting customer onboarding and financial partnerships. The situation underscores the need to balance strict regulation and support for fintech innovation.

THE ISSUES:

RBI Sanctions on Paytm Payments Bank: The Reserve Bank of India (RBI) has imposed restrictions on Paytm Payments Bank, barring it from accepting new deposits and engaging in credit transactions. These measures were implemented due to a system audit report finding consistent non-compliance and supervisory concerns.

Impact on Paytm’s Parent Company Stock Value: One97 Communications, Paytm’s parent company, has seen a significant drop in its share value, which decreased by over 42% in just five days following the RBI’s actions.

Previous Instances of Non-Compliance: Paytm Payments Bank has had past issues with regulatory compliance, which led to the RBI imposing fines and halting the onboarding of new customers. Incidents included the bank’s inability to identify beneficial owners of entities on its platform and delays in reporting cybersecurity incidents.

Challenges in Maintaining and Building Financial Relationships: Due to ongoing compliance issues, it may become difficult for Paytm Payments Bank to sustain its existing financial relationships and create new ones. Analysts suggest lenders might reconsider their partnerships with the bank due to its regulatory track record.

Paytm Payments Bank’s Market Position: Paytm is a significant player in the Indian fintech space, with many wallets, bank accounts, and KYC-verified customers, and is the largest issuer of FASTags.

Consequences for Merchants and Consumers: CAIT has advised small traders to switch to other payment modes because of possible disruptions, underscoring the operational impact of the RBI’s measures on the wider market.

Compliance vs. Innovation: All financial entities adhering to regulatory standards without stifling innovation should be paramount. However, regulatory interventions need to be transparent and mindful of the effects on users to support the growth of the digital economy.

THE WAY FORWARD:

Address Compliance Concerns: Paytm Payments Bank should take immediate steps to address the non-compliance issues identified by the regulatory authorities. This includes improving their KYC processes and ensuring adherence to all regulatory requirements.

Enhance Regulatory Oversight: The RBI should monitor Paytm Payments Bank’s operations closely and conduct regular audits to ensure compliance. This will help identify potential issues early on and prevent them from escalating.

Improve Transparency and Communication: Paytm and the RBI should improve transparency by providing clear communication to customers, merchants, and other stakeholders regarding the regulatory actions taken and the steps being taken to rectify the compliance issues. This will help rebuild trust and confidence in the platform.

Strengthen Internal Controls: Paytm Payments Bank should strengthen its internal control mechanisms to prevent future non-compliance incidents. This may include implementing robust systems for identifying beneficial owners, improving cybersecurity incident reporting, and conducting regular internal audits.

Collaborate with Lending Partners: Paytm should proactively engage with its lending partners, addressing any concerns they may have regarding regulatory issues. Building strong relationships and assuring partners of the company’s commitment to compliance can help mitigate any potential reconsideration of partnerships.

Learning from the Crisis: The Paytm crisis teaches fintech startups the importance of good governance practices, building compliant and robust systems from day one, and avoiding regulatory pitfalls.

Cost Management and Operational Efficiency: Paytm may need to focus on cost management and improving operational efficiency to ensure sustainability and profitability in the long term.

THE CONCLUSION:

The authorities must aim for transparency in their regulatory interventions to ensure stakeholders understand the reasons behind such measures and the actions to resolve issues. While entities like Paytm Payments Bank must align with regulatory standards, the broader goal should be to foster an environment where innovation is not unduly restrained, ensuring the healthy growth of the digital economy.

UPSC PAST YEAR QUESTIONS:

Q1) Implementing information and Communication Technology (ICT) based Projects / Programs usually suffers regarding certain vital factors. Identify these factors and suggest measures for their effective implementation. (2019)

Q2) E-Governance is not only about utilizing the power of new technology but also much about the critical importance of the ‘use value’ of information. Explain. (2019)

Q3) In the light of the Satyam Scandal (2009), discuss the changes brought in corporate governance to ensure transparency and accountability. (2015)

MAINS PRACTICE QUESTION:

Q1) Examine the regulatory challenges faced by digital payments banks in India with a special focus on the recent actions taken by the Reserve Bank of India against Paytm Payments Bank. Discuss the implications of such regulatory measures on the digital economy and the innovation ecosystem.

SOURCE:

https://indianexpress.com/article/opinion/editorials/express-view-on-rbi-action-against-paytm-payment-blocked-9145840/https://indianexpress.com/article/opinion/columns/india-population-growth-nirmala-sitharaman-committee-on-population-growth-union-budget-2024-viksit-bharat-goal-9145815/




THE PATH TOWARDS A PLURALIST CIVIL SOCIETY

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

CRITICAL ANALYSIS:

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

DIFFERENT PERSPECTIVE

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

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

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

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

THE WAY FORWARD:

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

THE CONCLUSION:

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

UPSC PREVIOUS YEAR QUESTION

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

MAINS PRACTICE QUESTION

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

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




FCRA SHOULD BE AN INSTRUMENT OF FINANCIAL ACCOUNTABILITY NOT OF SECURITY

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

CENTRE FOR POLICY RESEARCH (CPR)

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

THE FCRA SINCE 1976

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

ISSUES

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

THE WAY FORWARD

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

THE CONCLUSION:

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

UPSC PREVIOUS YEAR QUESTION

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

MAINS PRACTICE QUESTION

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

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

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




DEMOCRATIC BACKSLIDING: ON THE STATE WIELDING THE FCRA AS A WEAPON

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

ISSUES:

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

THE WAY FORWARD:

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

THE CONCLUSION:

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

UPSC PREVIOUS YEAR QUESTION

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

MAINS PRACTICE QUESTION

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

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




INDIAN MEDIA: QUO VADIS?

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




CIVIL SOCIETY UNDER SIEGE, IN INDIA

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

MORE ON THE NEWS:

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

ISSUES:

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

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

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

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

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

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

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

THE WAY FORWARD:

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

THE CONCLUSION:

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

UPSC PREVIOUS YEAR QUESTION

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

MAINS PRACTICE QUESTION

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

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




THE POST OFFICE AMENDMENT BILL, 2023: BEYOND REASONABLENESS?

THE CONTEXT: The Post Office Amendment Bill, 2023, was recently introduced in the Rajya Sabha during the special session of Parliament.

PROVISIONS OF THE BILL:

The Bill proposes to replace the Indian Post Office Act of 1898, which was enacted to consolidate and amend laws relating to post offices in India.

  • Exclusive privileges of the central government: The Act provides that wherever the central government establishes posts, it will have the exclusive privilege of conveying letters by post, as well as incidental services such as receiving, collecting, sending, and delivering letters.  The Bill does not provide for such privileges.   The Act provides for the issuance of postage stamps as per the prescribed Rules.  The Bill also states that India Post will have the exclusive privilege of issuing postage stamps.
  • Services to be prescribed:  The Act specifies the services provided by India Post to include: (i) delivery of postal articles including letters, postcards, and parcels, and (ii) money orders. The Bill provides that India Post will provide services as may be prescribed by the central government.
  • Powers to intercept postal articles: The Act allows interception of an article being transmitted through post on certain grounds.   An interception may be carried out on the occurrence of any public emergency or in the interest of public safety or tranquillity.  Such interceptions may be carried out by the central government, state governments, or any officer specially authorised by them.

The Bill instead provides that interception of an article being transmitted through post may be carried out on the following grounds:

    1. Security of the state
    2. Friendly relations with foreign states
    3. Public order
    4. Emergency
    5. Public safety
    6. Contravention of the provisions of the Bill or any other laws.
  • An officer empowered by the central government through a notification may carry out interception.
  • Director General to make regulations regarding services: The Act, as well as the Bill, provides for the appointment of the Director General of Postal Services.  Under the Act, the Director General has powers to decide the time and manner of delivery of postal services.  The Bill provides that the Director General may make regulations regarding any activity necessary to provide postal services.
  • Examination of postal articles prohibited under law or liable for duty: Under the Act, an officer in charge may examine a postal article if he suspects that it contains goods which are prohibited, or are liable to be paid duty upon.  The Bill removes the powers of examination.  It instead provides that in such cases, the central government may empower an officer of India Post to deliver the postal article to the customs authority or any other specified authority.
  • Exemptions from liability:  The Act exempts the government from any liability related to the loss, mis-delivery, delay, or damage to a postal article.  This does not apply where the liability is undertaken by the central government in express terms.  Officers are also exempt from such liability unless they have acted fraudulently or wilfully.  The Bill retains these exemptions.  It also provides that the central government may prescribe liability with regard to services by India Post under the Rules.
  • Removal of offences and penalties: The Act specified various offences and penalties, all of which were removed by the Jan Vishwas (Amendment of Provisions) Act, 2023.  For instance, theft, misappropriation, or destruction of postal articles by an officer of the Post Office was punishable with imprisonment up to seven years and a fine.  Sending certain prohibited items through post was punishable with imprisonment up to one year, a fine, or both.  The Bill does not provide for any offences or consequences, except one.  Amounts not paid by a user will be recoverable as arrears of land revenue.

ISSUES:

  • Potential misuse of power: There is absence of clear standards for state interference in the postal department. This raises concerns about the potential misuse of power by the authorities. The Bill allows the authority to arbitrarily scrutinize and seize postal articles without concrete evidence.
  • Vague procedure: The grounds specified for interception are so vague that the government can bring in anything and everything under the same. Thus, it confers unlimited power on the Central government and postal officers.
  • Undermines accountability: The exemption granted to postal officers from liability for any mishaps during the delivery process undermines the accountability and efficiency of the postal services. The Bill thus incites serious doubts with regard to the privacy of citizens and the efficiency of postal services.
  • Violation of fundamental rights: Non-prescription of penalty for opening postal articles against the provisions of the Bill can have severe implications on the right to privacy of stakeholders. It is in clear violation of freedom of speech and expression [Article 19 (1) (a)], the right to privacy (Article 21) and subsequent violation of the right to equality (Article 14) under the Constitution of India.
  • Absolute exemption: The Bill also exempts the liability for lapses of postal officers and confers the power to prescribe liability through rules framed by the Central government, which administers the postal department. This can lead to misuse of power.

THE WAY FORWARD

  • Clearance on Vagueness:There is a need to have a clarification of the vagueness in the Bill and that needs to be sort out with stakeholders’ consultation.
  • Ease with Facilitation:There is a need of technological intervention in postal services to ease the process of sorting and facilitating accurate delivery of mails and parcels. For example this may include delivery of parcels by drone. This can lead to expansion of services, futuristic postal delivery for a better system.
  • Rule of law: The non-arbitrariness is essential to ensure the rule of law and as the Bill is in violation of Articles 14, 19 and 21 of the Constitution of India, the state actions need to be based on valid relevant principles.

THE CONCLUSION:

The Post Office Bill 2023 represents a vital step toward modernizing India’s postal services to align with contemporary needs. However, there are few concerns in the Bill that needs to be adequately addressed to make it a hub for various citizen-centric services.

PREVIOUS YEAR QUESTION

Q. “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 QUESTION

Q. Discuss the provisions of the Post Office Amendment Bill, 2023. Is it leading to the reduction in accountability and transparency in the postal department of the country? Examine.

SOURCE: https://www.barandbench.com/columns/the-post-office-amendment-bill-2023-beyond-reasonableness