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  • [Burning Issue] Free Speech Vs. Contempt of Court

    Power of judiciary lies neither in deciding cases, nor in imposing sentences, nor in giving punishment for its contempt, but in the trust, confidence and faith of the general public. Criticism is important for it helps to give us a new perspective and opens our eyes to things we may have overlooked or never considered.

    But where do we draw the line between Contempt and criticism? Contempt of court is back in the news. This follows the initiation and conviction of contempt proceedings against a veteran advocate-activist by the Supreme Court of India, on its own motion.

    What is Contempt of Court?

    • Contempt of court, often referred to simply as “contempt”, is the offence of being disobedient to or disrespectful toward a court of law and its officers in the form of behaviour that opposes or defies the authority, justice and dignity of the court.

    History behind ‘Contempt’

    • The concept of contempt of court is several centuries old.
    • In England, it is a common law principle that seeks to protect the judicial power of the king, initially exercised by him, and later by a panel of judges who acted in his name.
    • Violation of the judges’ orders was considered an affront to the king himself.
    • Over time, any kind of disobedience to judges, or obstruction of the implementation of their directives, or comments and actions that showed disrespect towards them came to be punishable.

    Entry into our legal books

    • There were pre-Independence laws of contempt in India. Besides the early High Courts, the courts of some princely states also had such laws.
    • When the Constitution was adopted, contempt of court was made one of the restrictions on freedom of speech and expression.
    • Separately, Article 129 of the Constitution conferred on the Supreme Court the power to punish for its contempt.
    • Article 215 conferred a corresponding power on the High Courts.
    • The Contempt of Courts Act, 1971, gives statutory backing to the idea.

    What are the types of Contempt?

    In India contempt of court is of two types under the Contempt of Courts Act of 1971:

    • Civil contempt: Under Section 2(b), civil contempt has been defined as willful disobedience to any judgment, decree, direction, order, writ or another process of a court or willful breach of an undertaking given to a court.
    • Criminal contempt: Under Section 2(c), criminal contempt has been defined as the publication (whether by words, spoken or written, or by signs, or by visible representation, or otherwise) of any matter or the doing of any other act whatsoever which:
      1. Scandalizes or tends to scandalize, or lowers or tends to lower the authority of, any court, or
      2. Prejudices, or interferes or tends to interfere with the due course of any judicial proceeding, or
      3. Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner.

    WAIT, What accounts for the scandalizing of the Judiciary?

    • Making allegations against the judiciary or individual judges, attributing motives to judgments and judicial functioning and any scurrilous attack on the conduct of judges are normally considered matters that scandalise the judiciary.

    What is not contempt of court?

    • Fair and accurate reporting of judicial proceedings will not amount to contempt of court.
    • Nor is any fair criticism on the merits of a judicial order after a case is heard and disposed of.
    • The Contempt Act was amended in 2006 to introduce truth as a valid defence if it was in the public interest and was invoked in a bonafide.

    Since we are done with what is not contempt, let us look at what constitutes contempt.

    Necessary ingredients for Contempt of Court in India

    1) Interference with Administration of Justice

    • In Brahma Prakash Sharma v State of UP, the Supreme Court had held that in order to constitute the offence of Contempt of Court, it was not necessary to specifically prove that an actual interference with the administration of justice has been committed.
    • The Court held that it was enough if a defamatory statement is likely or in any way tends to interfere with the proper administration of justice.

    2) Scandalizing the Court 

    • In the case of PN Dua v Shiv Shankar and others, the Supreme Court held that mere criticism of the Court does not amount to contempt of Court.
    • The Court observed that in a free marketplace of ideas, criticisms about the judicial system or Judges should be welcomed, so long as such criticisms do not hamper the administration of justice.
    • In the case of Baradanath Mishra v, the Registrar of Orissa High Court the court held that a common form of such contempt is the vilification (personal abuse) of the judges.

    3) Interference with due course of Justice

    • In Pritam Lal v. High Court of M.P the Supreme Court held that to preserve the proceedings of the Courts from interference and to keep the streams of justice pure, it becomes the duty of the Court, to punish the contemner in order to preserve its dignity.
    • No one can claim immunity from the law of contempt if his act or conduct in relation to Court interferes or obstructs the due course of justice.

    Issues with the Contempt

    Contempt is not just associated with judiciary, we have heard or read about journalist or cartoonist arrested for contempt of parliament. Now in general, Use of contempt power has the following issues:

    1) Curb on Civil Liberties

    • A law for criminal contempt gets in conflict with India’s democratic system which recognises freedom of speech and expression as a fundamental right.
    • In this manner, the judiciary draws resemblance with the executive, in using laws for a chilling effect on freedom of speech.
    • Former Justice of Supreme Court, V.R. Krishna Iyer, famously termed the law of contempt as “having a vague and wandering jurisdiction, with uncertain boundaries; contempt law, regardless of the public good, may unwittingly trample upon civil liberties”.

    2) Ambiguity of the concept

    • The definition of criminal contempt in India is extremely wide and can be easily invoked.
    • Also, suo motu powers of the Court to initiate such proceedings only serve to complicate matters.
    • Further, the Contempt of Courts Act was amended in 2006, to add truth and good faith as valid defences for contempt, but they are seldom entertained by the judiciary.

    3) Fair criticism is justified

    • In S.Mugolkar v. Unknown (1978), the Supreme Court held that the judiciary cannot be immune from fair criticism.
    • It held that contempt action is to be used only when an obvious misstatement with malicious intent seeks to bring down public confidence in the courts or seeks to influence the courts.

    4) Obsolete ideology

    • The punishment for contempt could procure submission but not respect for the judicial institution.
    • Already, contempt has practically become obsolete in foreign democracies, with jurisdictions recognising that it is an archaic law.
    • For example, England abolished the offence of “scandalizing the court” in 2013. Canada ties its test for contempt to real, substantial and immediate dangers to the administration. American courts also no longer use the law of contempt in response to comments on judges or legal matters.

     

    Need for the Contempt provisions: Arguments in favour

    https://d18x2uyjeekruj.cloudfront.net/wp-content/uploads/2020/08/cont.jpg

    1) Upholding the constitution

    • The powers of contempt of the Supreme Court and High Courts are independent of the Act 1971, that is, drawn from the Constitution.
    • So to delete the provision relating to ‘criminal contempt’ particularly ‘scandalizing of courts’ will have no impact on the power of the Superior Courts to punish for contempt in view of their inherent constitutional powers, as these powers are independent of statutory provisions.

    2) Ensuring Safeguards for Judiciary

    • The Judiciary is the guardian of rule of law in India and it needs to be made sure that it is protected with all kinds of problems that do or might hamper the fluent administration of justice.
    • The provision of powers to punish for contempt is significant for ensuring such respect of the Judiciary. Such kind of power is necessary to prevent interference with the course of justice and the authority of the court.

    3) Protecting public faith in Judiciary

    • Amendment in the definition of contempt may reduce the overall impact of the law and lessen the respect that people have for courts and their authority and functioning.
    • Also by abolishing the offence in India would leave a legislative gap.

    4) Impact on Subordinate Courts

    • The Constitution allows superior courts to punish for their contempt. The Contempt of Court Act additionally allows the High Court to punish for contempt of subordinate courts.
    • Thus, if the definition of contempt is removed, subordinate courts will suffer as there will be no remedy to address cases of their contempt.

    5) Fair criticism is not contempt

    • The 1971 Act contains adequate safeguards to exclude instances which may not amount to criminal contempt” as defined under Section 2(c) of the Act 1971.
    • It means that not all cases of contempt are considered.

    “Let me say at once that we will never use this jurisdiction as a means to uphold our own dignity. That must rest on surer foundations. Nor will we use it to suppress those who speak against us. We do not fear criticism, nor do we resent it. For there is something far more important at stake. It is no less than freedom of speech itself.”

    – Lord Denning

    Way forward

    • The Law Commission has held that there is a need to retain the provision regarding the contempt of courts. However, it also recommended the definition of contempt should be restricted to civil contempt, i.e., willful disobedience of judgments of the court.
    • The contempt of court should not be allowed to be used as a means to prevent criticisms.
    • In recent times, it is more important that courts are seen to be concerned about accountability, that allegations are done by impartial probes rather than threats of the contempt action, and processes are transparent.
    • If the contempt has to continue, a review mechanism within the judiciary should be there as a safeguard against judicial tyranny.

    In an era in which social media are full of critics, commentators and observers who deem it necessary to air their views in many unrestrained and uninhibited ways, the higher judiciary should not really be spending its time and energy invoking its power to punish for contempt of itself.

    Conclusion

    • Globalized human society as a singular entity and individual societies are moving towards the consensus of a world where an individual has greater autonomy, rights and dignity.
    • Healthy and constructive criticisms are the necessary features for the development of democracy.
    • In this perspective focus should be given precedence over ‘dignity of court’, but not blindly.
    • In this backdrop, there is a need to revisit the need for a law on criminal contempt, where India can learn from Britain which abolished the offence of scandalizing the judiciary as a form of contempt of court in 2013 based on the fact that the law was vague and not compatible with freedom of speech.

    Also read:

    Office of the Attorney General and its role in contempt cases

    References

    https://www.thehindu.com/opinion/lead/the-chilling-effect-of-criminal-contempt/article32198138.ece

    https://www.thehindu.com/news/national/the-hindu-explains-what-is-contempt-of-court/article32249810.ece

    https://www.prsindia.org/report-summaries/review-contempt-courts-act-1971

    https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1311828

    https://thewire.in/law/supreme-court-contempt-of-court-respect-constitution-power

    http://www.legalserviceindia.com/legal/article-2638-contempt-of-court-a-comprehensive-analysis.html

    https://www.thehindu.com/opinion/editorial/scandalising-as-contempt-the-hindu-editorial-on-proceedings-against-prashant-bhushan/article32198126.ece

  • What is Compensation of GST?

    With Centre-State friction over pending compensation payments under the Goods and Services Tax (GST) taking a new turn in the 41st GST Council to meet, the strain on the finances of states is likely to continue in the near term.

    Try this question from CSP 2018:

    Q.Consider the following items:

    1. Cereal grains hulled
    2. Chicken eggs cooked
    3. Fish processed and canned
    4. Newspapers containing advertising material

    Which of the above items is/are exempt under GST (Goods and Services Tax)?

    (a) 1 only

    (b) 2 and 3 only

    (c) 1, 2 and 4 only

    (d) 1, 2, 3 and 4

    What is GST?

    • GST, being a consumption-based tax, would result in loss of revenue for manufacturing-heavy states.
    • GST launched in India on 1 July 2017 is a comprehensive indirect tax for the entire country.
    • It is charged at the time of supply and depends on the destination of consumption.
    • For instance, if a good is manufactured in state A but consumed in state B, then the revenue generated through GST collection is credited to the state of consumption (state B) and not to the state of production (state A).

    Compensation under GST regime

    • Due to the consumption-based nature of GST, manufacturing states like Gujarat, Haryana, Karnataka, Maharashtra and Tamil Nadu feared a revenue loss.
    • Thus, GST Compensation Cess or GST Cess was introduced by the government to compensate for the possible revenue losses suffered by such manufacturing states.
    • However, under existing rules, this compensation cess will be levied only for the first 5 years of the GST regime – from July 1st, 2017 to July 1st, 2022.
    • Compensation cess is levied on five products considered to be ‘sin’ or luxury as mentioned in the GST (Compensation to States) Act, 2017 and includes items such as- Pan Masala, Tobacco, and Automobiles etc.

    Alternatives to prevent losses

    • The input tax credit can help a producer by partially reducing GST liability by only paying the difference between the tax already paid on the raw materials of a particular good and that on the final product.
    • In other words, the taxes paid on purchase (input tax) can be subtracted from the taxes paid on the final product (output tax) to reduce the final GST liability.

    Distributing GST compensation

    • The compensation cess payable to states is calculated based on the methodology specified in the GST (Compensation to States) Act, 2017.
    • The compensation fund so collected is released to the states every 2 months.
    • Any unused money from the compensation fund at the end of the transition period shall be distributed between the states and the centre as per any applicable formula.

    Significance of GST compensation

    • States no longer possess taxation rights after most taxes, barring those on petroleum, alcohol, and stamp duty were subsumed under GST.
    • GST accounts for almost 42% of states’ own tax revenues, and tax revenues account for around 60% of states’ total revenues.
    • Finances of over a dozen states are under severe strain, resulting in delays in salary payments and sharp cuts in capital expenditure outlay amid the pandemic-induced lockdowns and the need to spend on healthcare.

    Back2Basics:

    Goods and Services Tax

  • GIS-enabled Land Bank System

    A prototype of the National GIS-enabled Land Bank System was e-launched by Commerce and Industry Ministry for six States based on which land can be identified for setting up industries.

    Try to answer this question in short:

    Q.Discuss the benefits of digitizing land records in India.

    Land Bank System

    • The system has been developed by the Integration of Industrial Information System (IIS) with state GIS (Geographic Information System).
    • IIS portal is a GIS-enabled database of industrial clusters/areas across the states.
    • On the system, more than 3,300 industrial parks across 31 states/UTs covering about 4,75,000 hectares of land have also been mapped out on the system.
    • The information available on the system will include drainage, forest; raw material heat maps (horticulture, agricultural, mineral layers); multilayer of connectivity.
    • IIS has adopted a committed approach towards industrial upgrading, resource optimization, and sustainability.

    Various stakeholders

    • The initiative has been supported by the National e-Governance Division (NeGD), National Centre of Geo-Informatics (NCoG), Invest India, Bhaskaracharya Institute for Space Applications and Geo-Informatics (BISAG), and Ministry of Electronics and Informational Technology.

  • Who was Dr. Dwarkanath Kotnis?

    A bronze statue of Indian doctor Dwarkanath Kotnis is set to be unveiled in China.

    Try this PYQ:

    Q.A recent movie titled The Man Who Knew Infinity is based on the biography of

    (a) S. Ramanujan
    (b) S. Chandrasekhar
    (c) S. N. Bose
    (d) C. V. Raman

    Dr. Dwarkanath Kotnis

    • He is revered in China for his contributions during the Chinese revolution headed by its founder Mao Zedong and World War II.
    • He hailed from Sholapur in Maharashtra came to China in 1938 as part of a five-member team of doctors sent by the Indian National Congress to help the Chinese during World War II.
    • He joined the Communist Party of China (CPC) in 1942 and died the same year at the age of 32.
    • Kotnis’ medical assistance during the difficult days of the Chinese revolution was praised by Chinese leader Mao Zedong.
    • His statues and memorials were also set in some of the Chinese cities in recognition of his services.

    A revered personality in China

    • Late Chinese leader Mao Zedong was deeply affected by his death.
    • Mao wrote in his eulogy that “the army has lost a helping hand; the nation has lost a friend. Let us always bear in mind his internationalist spirit”.
    • Kotnis is remembered not only as a symbol inspiring medical students to work hard, but also an eternal bond between the people of China and India.

  • Species in news: Barn Owl

    With a thriving rat population playing havoc with its coconut yield, the UT of Lakshadweep hires barn owls for help.

    Try this PYQ:

    Q.The Red Data Books published by the International Union for Conservation of Nature and Natural Resources (IUCN) contains lists of:

    1. Endemic plant and animal species present in the biodiversity hotspots.
    2. Threatened plant and animal species.
    3. Protected sites for conservation of nature and natural resources in various countries.

    Select the correct answer using the codes given below:

    (a) 1 and 3

    (b) 2 only

    (c) 2 and 3

    (d) 3 only

    Barn Owl

    IUCN status: Least Concerned

    • The barn owl is the most widely distributed species of owl in the world and one of the most widespread of all species of birds.
    • It is found almost everywhere in the world except for the polar and desert regions, Asia north of the Himalayas, most of Indonesia, and some Pacific islands.

    What is Barn?

    • A barn is an agricultural building usually on farms and used for various purposes.
    • It refers to structures that house livestock, including cattle and horses, as well as equipment and fodder, and often grain.

  • [pib] Eklavya Model Residential Schools

    An Eklavya Model Residential School (EMRS) teacher was selected for National Award to Teachers 2020.

    Note the specific features of EMRS. Each year in the CSP, there is a question related to tribes/tribal development.

    Eklavya Model Residential Schools

    • EMRS started in the year 1997-98 to impart quality education to ST children in remote areas in order to enable them to avail of opportunities in high and professional education courses and get employment in various sectors.
    • Across the country, as per census 2011 figures, there are 564 such sub-districts out of which there is an EMRS in 102 sub-districts.
    • As per revised 2018 scheme, every block with more than 50% ST population and at least 20,000 tribal persons, will have an EMRS by the year 2022.
    • These schools will be on par with Navodaya Vidyalayas and will have special facilities for preserving local art and culture besides providing training in sports and skill development.

    Features of EMRS

    • Admission to these schools will be through selection/competition with suitable provision for preference to children belonging to Primitive Tribal Groups, first-generation students, etc.
    • Sufficient land would be given by the State Government for the school, playgrounds, hostels, residential quarters, etc., free of cost.
    • The number of seats for boys and girls will be equal.
    • In these schools, education will be entirely free.

  • Boosting demand with wage hike

    The article discusses the threat posed to the Indian economy by the subdued demand following the return of the labourers to their urban jobs.

    Rural employment issue

    • About 30 million migrant workers rushed home to their villages during the pandemic.
    • About 60 per cent of out-migration from rural India is aspiration-led.
    • Income earned in urban jobs is 2.5 higher than earned in rural area.
    • Though rural economy has been recovering faster than the urban economy, this optimism could prove short-lived, as eventually the more long-lasting determinants of rural wages could prevail.

    What are the determinants of rural wages

    1) NREGA wages

    • The government has raised the rural employment guarantee programme (NREGA) wages and outlays.
    • Demand for the scheme is outpacing supply.
    • This demand-supply mismatch means that it may not be an effective driver of higher rural wages.

    2) Low construction activities

    • Many rural Indians, especially those without land, have become building labourers.
    • 70 per cent of construction is related to real estate and property developers are dependent on funding from struggling non-banking financial companies.
    • Until this type of lending restarts, construction may not normalise.
    • And that means rural wages may not rise quickly either.

    3) Rising debt level

    • The increase in borrowing and fall in inflation over the last few years has increased the “real” indebtedness of rural Indians.
    • This affected particularly the landowners who pay villagers to farm their land.
    • This is likely to hurt their ability to pay high wages.

    3 Reasons why wage outlook could be dimmer

    • As migrant labours start to return to their urban jobs, their wage outlook appears to be bleak for 3 reasons.
    • 1) As during demonetisation, workers could find jobs again, but at lower wages.
    • 2) There could be a second-round of pandemic-led labour market weakness, driven by job losses and falling wages from the first round.
    •  3) We find that both rural and urban wages are driven by economic growth, India’s post-pandemic medium-term growth falling by one percentage point to 5 per cent does not bode well.

    Way forward

    • Weak wages could keep demand subdued. To offset this policymakers have an important role to play.
    • 1) In particular, policymakers may have to ensure that capital is allocated efficiently.
    • After all, investment is the only way to increase the economy’s capacity to create well-paying jobs.
    • 2) Bringing back investment growth would also involve capital re-allocation.
    • This means taking it away from sectors that are not working and redeploying it in sectors that are.
    • Improving the Insolvency and Bankruptcy Code procedure is a key step here.
    • 3) Another important step is to improve the health of banks as they are the ones allocating capital by giving loans.
    •  Implementation of the 5-Rs — recognition, restructuring, resolution, recapitalisation and reforms — for the banking sector may be particularly useful here.

    Consider the question “After supply-side disruption is over, India’s growth may suffer from the subdued wage growth. Suggest the steps to avoid this from happening.”

    Conclusion

    Supply disruption caused by reverse migration won’t last long, but led by lower wages, demand could remain weak, requiring policy intervention.

  • PVTGS in Andaman

    Five members of the Great Andamanese tribe, a Particularly Vulnerable Tribal Group (PVTGs) have tested positive for COVID-19.

    Try this PYQ:

    Q. Consider the following statements about Particularly Vulnerable Tribal Groups (PVTGs) in India:

    1. PVTGs reside in 18 States and one Union Territory.
    2. A stagnant or declining population is one of the criteria for determining PVTG status.
    3. There are 95 PVTGs officially notified in the country so far.
    4. Irular and Konda Reddi tribes are included in the list of PVTGs.

    Which of the statements given above are correct?(CSP 2019)

    (a) 1, 2 and 3

    (b) 2, 3 and 4

    (c) 1, 2 and 4

    (d) 1, 3 and 4

    PVTGs in Andaman

    • Great Andamanese is one of five PVTGs that reside in Andamans archipelago.
    • The Great Andamanese speak Jeru dialect among themselves and their number stands at 51 as per the last study carried out by Andaman Adim Janjati Vikas Samiti in 2012.
    • The five PVTGS residing in Andamans are Great Andamanese, Jarwas, Onges, Shompens and North Sentinelese.

    What are PVTGs?

    • There are certain tribal communities who have declining or stagnant population, low level of literacy, pre-agricultural level of technology and are economically backward.
    • They generally inhabit remote localities having poor infrastructure and administrative support.
    • These groups are among the most vulnerable section of our society as they are few in numbers, have not attained any significant level of social and economic development.
    • 75 such groups have been identified and categorized as Particularly Vulnerable Tribal Groups (PVTGs).

  • Turkey’s Maritime Disputes

    Turkish President Erdogan has asserted that his country will take whatever belongs to it in the Mediterranean, as well as Aegean and the Black Sea.

    Try this PYQ:

    Q.Turkey is located between

    (a) The Black Sea and Caspian Sea

    (b) The Black Sea and Mediterranean Sea

    (c) Gulf of Suez and the Mediterranean Sea

    (d) Gulf of Aqaba and the Dead Sea

    Assertion over the Mediterranean

    • Greece and Turkey have been locked in a dispute over control of eastern Mediterranean waters.
    • They are at odds over the rights to potential hydrocarbon resources, based on conflicting claims over the extent of their continental shelves.
    • The Turkish navy will hold the shooting exercises in the eastern Mediterranean off the coast of Iskenderun, northeast of Cyprus.
    • Cyprus was divided in 1974 following a Turkish invasion triggered by a Greek-inspired coup.
    • Turkey recognizes the Turkish-populated north of Cyprus as a separate state, which is not recognised by other countries.

  • National Recruitment Agency: Taking jobs closer to people

    Recruitment reform in the form of National Recruitment Agency will resolve many issues faced by the youth appearing for the multiple government exam.

    Context

    • On average, 2.5-3 crore candidates appear for about 1.25 lakh vacancies in the central government every year.
    • But from next year, the NRA will conduct the CET and based on the score, one can apply for a vacancy with the respective agency.

    NRA: Composition and functioning

    • The NRA will have representatives from the Ministry of Railways, Ministry of Finance/Department of Financial Services, Staff Selection Commission (SSC), Railway Recruitment Boards (RRBs) and Institute of Banking Personnel Selection (IBPS).
    • A multi-agency body, the NRA will conduct a Common Eligibility Test (CET) to screen/shortlist candidates for the Group B and C (non-technical) posts.
    • The NRA shall conduct a separate CET each for the three levels of graduate, higher secondary (12th pass) and the matriculate (10th pass) candidates for those non-technical posts to which recruitment is presently carried out by the SSC, RRBs and IBPS.

    How it will benefit youth

    • It will eliminate multiple tests and save time as well as resources.
    • It will give a big boost to transparency.
    • The multiple recruitment examinations are a burden on the candidates, as also on the respective recruitment agencies, involving avoidable/repetitive expenditure, law and order/security-related issues and venue-related problems.
    • The NRA is a combination of convenience and cost-effectiveness for candidates.
    • Examination centres in every district would greatly enhance access to the candidates located in far-flung areas, with a special focus on creating examination infrastructure in the 117 Aspirational Districts.
    • This will prove a great boon to crores of aspirants residing in hilly, rural and remote areas and most importantly, for female candidates.
    • Taking job opportunities closer to the people is a radical step that would greatly enhance ease of living for the youth.

    Consider the question “Recruitment reform in the form of National Recruitment Agency is a radical step that would greatly enhance ease of living for the youth.”

    Conclusion

    Taking job opportunities closer to the people is a radical step that would greatly enhance ease of living for the youth.