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  • Pagri Sambhal Jatta Movement

    Why in the News?

    On February 23, 2025, farmers protesting at the Punjab and Haryana borders are observing Pagri Sambhal Diwas in honor of Ajit Singh, a freedom fighter, revolutionary, and Bhagat Singh’s paternal uncle.

    About the Pagri Sambhal Jatta Movement (1907)

    • The Pagri Sambhal Jatta movement was a peasant uprising in Punjab against the oppressive British land laws that exploited farmers.
    • The movement was led by Ajit Singh, Kishan Singh (Bhagat Singh’s father), and Lala Lajpat Rai, who mobilized farmers to resist these unfair policies.
    • Farmers protested against three major British laws:
    1. Punjab Land Alienation Act, 1900 – Restricted farmers from selling or mortgaging their land, favoring landlords and moneylenders.
    2. Punjab Land Colonisation Act, 1906 – Allowed the British to take control of farmers’ land after their death instead of passing it to their heirs.
    3. Doab Bari Act, 1907 – Deprived farmers of ownership rights and reduced them to contract workers.
    • The British also raised taxes on agricultural land and irrigation, making it harder for farmers to sustain themselves.
    • The slogan “Pagri Sambhal Jatta“, meaning “Take care of your turban, O farmer,” was coined by Banke Dayal, a nationalist poet, and became a symbol of self-respect and protest.
    • The movement resulted in mass protests and acts of civil disobedience, forcing the British to roll back some clauses of these laws.
    • Ajit Singh and Lala Lajpat Rai were arrested in May 1907 and exiled to Burma. Due to public pressure, they were released in November 1907.
    • Fearing further persecution, Ajit Singh fled to Persia and later lived in Turkey, Brazil, Germany, and Italy, where he worked with other revolutionaries against British rule.
    • The movement became a landmark in India’s freedom struggle, inspiring future farmers’ agitations, the Ghadar Movement, and Bhagat Singh’s revolutionary activities.

    Who was Ajit Singh?

    On February 23, 2025, farmers protesting at the Punjab and Haryana borders are observing Pagri Sambhal Diwas in honor of Ajit Singh, a freedom fighter, revolutionary, and the paternal uncle of Bhagat Singh.

    • Ajit Singh was a freedom fighter, revolutionary, and nationalist leader who played a crucial role in India’s independence movement.
    • He was born on February 23, 1881, in Khatkar Kalan, Punjab, which is now part of Shaheed Bhagat Singh Nagar district.
    • He was the elder brother of Kishan Singh, the father of Bhagat Singh, and played a key role in shaping Bhagat Singh’s revolutionary ideals.
    • Ajit Singh co-founded the Bharat Mata Society, an organization that aimed to unite farmers and revolutionaries against British exploitation.
    • Due to his active role in the Pagri Sambhal Jatta movement, he became a prime target of British authorities and was forced into exile for 38 years (1909-1947).
    • He lived in Persia, Turkey, Brazil, Germany, and Italy, where he continued his revolutionary activities and worked with Lala Hardayal and Madame Cama.
    • In March 1947, Ajit Singh returned to India, just a few months before India gained independence.
    • However, due to prolonged illness, he passed away on August 15, 1947, the very day India became independent.
    • Since 2021, February 23 has been observed as Pagri Sambhal Diwas, honoring Ajit Singh’s contributions to India’s independence and farmers’ rights.

     

    PYQ:

    [2010] What was the immediate cause for the launch of the Swadeshi movement?

    (a) The partition of Bengal done by Lord Curzon.

    (b) A sentence of 18 months rigorous imprisonment imposed on Lokmanya Tilak.

    (c) The arrest and deportation of Lala Lajpat Rai and Ajit Singh; and passing of the Punjab Colonization Bill.

    (d) Death sentence pronounced on the Chapekar brothers.

     

  • What are Zonal Councils?

    Why in the News?

    Union Home Minister chaired the 27th meeting of the Western Zonal Council in Pune.

    About Zonal Councils in India:

    Details
    Origin & Purpose
    • Proposed by Jawaharlal Nehru in 1956 to promote cooperation among states after reorganization.
    • Established under the States Reorganisation Act, 1956, with the goal of resolving inter-state disputes and ensuring balanced socio-economic development.
    Composition & Structure
    • Five Zonal Councils + North-Eastern Council (NEC).
    • Chairperson: Union Home Minister.
    • Vice-Chairperson: Chief Ministers (rotating one-year term).
    • Each state is represented by its Chief Minister + 2 ministers, with NITI Aayog participation.
    • Standing Committees of Chief Secretaries review issues before full meetings.
    Zonal Councils & Member States
    • Northern: Haryana, HP, J&K, Punjab, Rajasthan, Delhi, Chandigarh.
    • Central: Chhattisgarh, Uttarakhand, UP, MP.
    • Eastern: Bihar, Jharkhand, Odisha, West Bengal.
    • Western: Goa, Gujarat, Maharashtra, Dadra & Nagar Haveli, Daman & Diu.
    • Southern: AP, Karnataka, Kerala, Tamil Nadu, Puducherry.
    • North-Eastern Council (NEC): Assam, Arunachal Pradesh, Manipur, Tripura, Mizoram, Meghalaya, Nagaland, Sikkim (added in 2002).
    Functions & Recent Developments
    • Resolves inter-state disputes, improves Centre-State coordination, addresses border issues, economic planning, transport, and linguistic minorities.
    • Strengthens cooperative federalism and regional development.
    • 2018: Union Home Minister became NEC Chairperson.
    • Modi government transformed Zonal Councils from advisory bodies to action-oriented platforms.

     

    PYQ:

    [2013] Which of the following bodies is/are not mentioned in the Indian Constitution?

    1. National Development Council

    2. Planning Commission

    3. Zonal Councils

    Select the correct answer using the codes given below.

    (a) 1 and 2 only

    (b) 2 only

    (c) 1 and 3 only

    (d) 1, 2 and 3

  • Ratnagiri Buddhist Heritage Site in Odisha

    Why in the News?

    On December 1, 2024, a team of archaeologists, students, and laborers began excavation at the Ratnagiri Buddhist Heritage Site in Jajpur, Odisha.

    On December 1, 2024, a team of archaeologists, students, and laborers began excavation at the Ratnagiri Buddhist Heritage Site in Jajpur, Odisha.

    About the Ratnagiri Buddhist Heritage Site

    • Located in Jajpur district, Odisha, Ratnagiri is part of the “Diamond Triangle” along with Udayagiri and Lalitgiri.
    • It flourished as a Vajrayana Buddhist center from the 5th to 13th century AD.
    • It was first reported in 1906, with excavations conducted from 1958-1961 by Debala Mitra.
    • It is identified as ‘Sri Ratnagiri Mahavihara Arya Bhikshu Sangha’ through inscriptions.

    Key Findings at the Site:

    • Largest Buddha Head in Odisha: 1.4 meters tall, made of Khondalite stone, featuring intricate carvings.
    • Monolithic Elephant Sculpture: Likely part of an ancient shrine complex.
    • Hundreds of Votive Stupas: Used for spiritual offerings, reflecting Vajrayana Buddhist traditions.
    • Sanskrit Inscriptions in Kutila Script: Provide insights into monastic teachings and rituals.
    • Stone Tablets and Masonry Structures: Indicate large, organized monastic settlements.
    • Lion Pedestal (Simhasana) and Buddhist Deities: Includes Amoghasiddhi, Ratnasambhava, Akshobhya, Amitabha, Tara, Marici, Padmapani, Cunda.
    • Artefacts Used in Local Villages: Repurposed as decorations, Tulsi bases, and construction materials.

    PYQ:

    [2014] With reference to Buddhist history, tradition and culture in India, consider the following pairs :

    Famous shrine: Location

    1. Tabo monastery and temple complex: Spiti Valley
    2. Lhotsava Lhakhang temple, Nako: Zanskar Valley
    3. Alchi temple complex: Ladakh complex

    Which of the pairs given above is/are correctly matched?

    (a) 1 only

    (b) 2 and 3 only

    (c) 1 and 3 only

    (d) 1, 2 and 3

     

  • USAID meddling charge ‘deeply troubling’: MEA

    Why in the News?

    Recently the Indian government said that it is seriously investigating claims made by the U.S. government that USAID planned to spend $21 million to influence voter turnout in India.

    What is USAID, and how did it originate?

    • USAID (United States Agency for International Development) was founded in 1961 by President John F. Kennedy through the Foreign Assistance Act to promote global development and humanitarian assistance.
    • To advance U.S. foreign policy by providing economic, developmental, and humanitarian aid worldwide. It operates under the U.S. Department of State, managing a diverse range of global programs in health, education, and economic growth.

    What are the recent issues related to USAID? 

    • Allegations of Interference in India: The Indian government is investigating claims that USAID allocated $21 million to influence voter turnout in India. This follows a report by the U.S. Department of Government Efficiency (DOGE), led by Elon Musk. Indian authorities are concerned about potential foreign interference in domestic affairs.
    • Global Funding Cuts: President Trump’s administration has frozen USAID funds and withdrawn from the World Health Organization, critically affecting health sectors in African nations. Countries like Rwanda are seeking alternative partnerships, notably with China, to fill the void left by U.S. aid reductions.
    • Dismantling of USAID Operations: A federal judge has permitted the Trump administration to proceed with plans to dismantle USAID. This includes placing staff on administrative leave and recalling foreign aid workers, actions that have faced legal challenges and raised concerns about the future of U.S. foreign aid programs.

    How has USAID impacted the world through its programs and initiatives?

    • Political Interference and Sovereignty Concerns: In Venezuela (2019), USAID’s humanitarian aid was viewed as a political tool to undermine the Maduro government, leading to accusations of U.S. interference in domestic affairs.
    • Dependency on Foreign Aid: In Haiti, decades of USAID assistance in agriculture and disaster relief created a dependency culture, weakening local institutions and undermining self-sufficiency.
    • Distortion of Local Economies: In African nations, large-scale food aid under USAID programs has often disrupted local markets, making local farmers less competitive due to the influx of free or subsidized goods.
    • Lack of Cultural Sensitivity and Misaligned Priorities: In Afghanistan, USAID’s focus on infrastructure projects (e.g., road-building) often ignored local customs and community needs, leading to wasteful spending and resentment toward U.S. initiatives.
    • Lack of Accountability and Corruption Risks: In Iraq (2003-2010), USAID-funded reconstruction projects faced allegations of corruption, mismanagement, and incomplete infrastructure, raising concerns about transparency and financial misuse.

    What is the significance of USAID in global development and diplomacy?

    • Humanitarian Assistance and Disaster Relief: USAID provides emergency aid during crises, such as delivering medical supplies and food after the 2023 Türkiye-Syria earthquake, helping millions affected by natural disasters.
    • Promoting Global Health Initiatives: USAID supports health programs to combat diseases. For instance, through the President’s Emergency Plan for AIDS Relief (PEPFAR), it has provided HIV/AIDS treatment to millions in sub-Saharan Africa.
    • Advancing Economic Development: USAID helps countries build economic resilience. In India, USAID has funded clean energy projects, promoting sustainable growth and reducing dependence on fossil fuels.
    • Strengthening Democratic Governance: USAID promotes democracy and human rights. In Ukraine, it supported electoral reforms and civil society organizations to enhance transparent governance and free elections.
    • Enhancing U.S. Strategic Interests: USAID’s programs foster diplomatic ties. In Southeast Asia, its infrastructure and education initiatives strengthen regional stability and counterbalance the influence of other global powers.

    How has USAID impacted India?

    • Public Health Improvement: USAID has supported tuberculosis (TB) and HIV programs, improving detection and treatment. For example, it partnered with the Ministry of Health to reduce TB incidence and strengthen healthcare systems.
    • Clean Energy and Climate Action: USAID’s PACE-D 2.0 initiative promotes renewable energy and energy efficiency in India, helping to expand solar power and reduce carbon emissions.
    • Disaster Management and Resilience: USAID partnered with India’s National Disaster Management Authority to improve disaster preparedness and provide training for better emergency response, especially during floods and cyclones.
    • Education and Skill Development: USAID collaborates with the Ministry of Education to support STEM education and fund IIT Gandhinagar, enhancing research and technical innovation in India.
    • Agriculture and Rural Development: USAID has worked with the Ministry of Agriculture to improve farm productivity by providing advanced farming techniques and enhancing food security in rural areas.

    Way forward: 

    • Strengthen Oversight Mechanisms: Implement robust regulatory frameworks to monitor foreign aid and ensure alignment with national interests and policies.
    • Enhance Domestic Capacities: Invest in local infrastructure, research, and development to reduce reliance on external funding and promote sustainable growth.

    Mains PYQ:

    Q Elucidate the relationship between globalization and new technology in a world of scarce resources, with special reference to India. (UPSC IAS/2022)

  • Concept of sexual equality must be part of syllabus: SC

    Why in the News?

    On Friday (February 21, 2025), the Supreme Court told the Centre that schools should teach students about gender equality and how men should treat women with respect.

    Is the lack of basic education about gender equality the root cause of the surge in rape cases and crimes against women? 

    • Perpetuation of Gender Stereotypes: Without education promoting gender equality, traditional gender norms that view women as inferior or subordinate to men persist. These stereotypes normalize the control and objectification of women.
      • Example: In many societies, women are still expected to conform to rigid gender roles (e.g., being submissive or confined to domestic spaces), leading to a culture where violence against women is excused or ignored.
    • Lack of Consent Education: Education about bodily autonomy and consent is often missing from curricula, leading to misunderstandings about boundaries and mutual respect in relationships.
      • Example: In the 2012 Nirbhaya case in India, public outrage highlighted how a lack of understanding of consent and gender respect contributed to the brutal crime and called for reforms in legal and educational frameworks.
    • Normalization of Violence: In the absence of gender-sensitive education, violence against women is often normalized or trivialized, reducing the social stigma against perpetrators and discouraging survivors from seeking justice.
      • Example: A 2018 NCRB report indicated that a significant number of rape cases were committed by individuals known to the victim, reflecting how intimate violence is often overlooked due to cultural acceptance.
    • Failure to Challenge Patriarchal Mindsets: Without education to challenge patriarchal beliefs, young minds are conditioned to accept gender hierarchies, reinforcing power imbalances that enable violence.
      • Example: In rural areas of Uttar Pradesh, deeply entrenched patriarchal values have led to frequent reports of gender-based violence, underscoring the need for education to disrupt these harmful norms.
    • Ineffective Implementation of Gender Sensitization Programs: Despite legal mandates like the POSH Act (2013) and initiatives for gender education, the absence of comprehensive implementation limits public understanding and societal change.
      • Example: In workplaces across India, the lack of proper sensitization and training programs on gender equality has resulted in underreporting of sexual harassment cases.

    Should schools include gender equality and respectful behavior in curricula?

    • Promotes Mutual Respect and Empathy: Teaching gender equality helps students understand and respect diverse identities, fostering empathy and reducing discriminatory attitudes.
      • Example: Programs like UNICEF’s “Life Skills Education” in schools across India teach students about gender sensitivity, helping reduce bullying and promoting inclusive behavior.
    •  Prevents Gender-Based Violence: Educating students about consent, boundaries, and respectful communication helps prevent harassment and violence from an early age.
      • Example: Countries like Sweden have implemented comprehensive sexuality education (CSE), resulting in lower rates of sexual harassment among teenagers.
    • Challenges Gender Stereotypes: Curricula that question traditional gender roles empower students to pursue diverse career paths and challenge social biases.
      • Example: “Breakthrough India” runs school-based campaigns that challenge stereotypes, encouraging both girls and boys to engage in activities beyond gender norms (e.g., encouraging girls in STEM fields).

    What are the steps taken by the Indian Government? 

    At legislative level:

    • Criminal Law (Amendment) Act, 2013: Enacted after the Nirbhaya case to expand the definition of rape, introduce stricter punishments, and criminalize stalking and voyeurism.
    • Protection of Children from Sexual Offences (POCSO) Act, 2012: Provides legal protection to children against sexual abuse and exploitation.
    • The Sexual Harassment of Women at Workplace (POSH) Act, 2013: Mandates the establishment of Internal Complaints Committees (ICCs) in workplaces to address sexual harassment cases.
    • Bharatiya Nyaya Sanhita, 2023: Replaces the Indian Penal Code, with enhanced provisions for sexual offenses and crimes against women.

    At policy level: 

    • Beti Bachao Beti Padhao (BBBP), 2015: Aims to address the declining child sex ratio and promote the education and welfare of girls.
    • One Stop Centres (OSCs), 2015: Provides integrated support and assistance to women affected by violence, including legal aid and medical assistance.
    • NIRBHAYA Fund, 2013: Supports initiatives for the safety and security of women, including emergency response systems and the creation of women’s help desks in police stations.
    • Mahila Police Volunteers (MPV) Scheme: Facilitates community-level support for women by appointing volunteers to assist victims in reporting crimes.

    Way forward: 

    • Integrate Comprehensive Gender Education: Mandate gender equality and consent education across all educational levels to challenge stereotypes, promote mutual respect, and prevent gender-based violence.
    • Strengthen Implementation and Monitoring: Ensure effective enforcement of gender-sensitive laws and policies through regular audits, awareness campaigns, and robust monitoring mechanisms to improve accountability and support for survivors.

    Mains PYQ:

    Q Discuss the desirability of greater representation to women in the higher judiciary to ensure diversity, equity and inclusiveness. (UPSC IAS/2021)

  • Supreme Court’s Ruling on Remission

    Why in the News?

    In a historic judgment, the Supreme Court of India has ruled that prisoners eligible for remission under state policies must be considered for release even if they do not apply for it.

    This decision comes as part of the suo motu case “In Re: Policy Strategy for Grant of Bail”, initiated in 2021 to address prison overcrowding.

    Supreme Court’s Ruling: Key Takeaways

    • The SC overruled its earlier stance in:
      • Sangeet v. State of Haryana (2013) – Held that remission was not automatic and required a convict’s application.
      • Mohinder Singh v. State of Punjab (2013) – Ruled that courts cannot grant remission suo motu.
    • The new ruling recognizes the existence of remission policies in states and holds that:
      • Prison superintendents must initiate remission proceedings for eligible convicts.
      • Failure to consider eligible prisoners for remission violates Article 14 (Right to Equality).

    What is Remission?

    • Remission refers to the reduction of a prison sentence without altering the conviction.
    • It is different from pardon or commutation, which may involve modifying or canceling the sentence entirely.

    Legal Provisions on Remission

    • The power of remission is governed by:
      • Section 473 of the Bharatiya Nyaya Suraksha Sanhita (BNSS), 2023 (formerly Section 432 of CrPC) – Grants state governments the power to remit sentences at any time under specific conditions.
      • Section 475 of BNSS (formerly Section 433A of CrPC) – Prevents remission for life convicts guilty of crimes punishable by death until they serve at least 14 years.
      • Articles 72 & 161 of the Constitution – Provide remission powers to the President and Governors at the Union and State levels.
    • Earlier, remission was initiated only when a prisoner applied for it, but the new ruling removes this necessity if states already have structured remission policies.

    Impact of the Ruling on Prison Reforms

    • India’s prison population far exceeds capacity, with a 131.4% occupancy rate (2022 NCRB data).
    • Over 75% of prisoners are undertrials—this ruling may not directly help them, but it could ease congestion by enabling timely release of eligible convicts.
    • The new ruling ensures all eligible prisoners get equal consideration, preventing biases in prison administration.
    • International standards (like UN Nelson Mandela Rules) emphasize prisoner rights and rehabilitation.
    • The judgment upholds fairness and reintegration into society.

    PYQ:

    [2014] Instances of the President’s delay in commuting death sentences has come under public debate as denial of justice. Should there be a time specified for the President to accept/reject such petitions? Analyse.

     

  • [pib] Ministry of Mines classifies Barytes, Felspar, Mica and Quartz as Major Minerals

    Why in the News?

    The Ministry of Mines has reclassified Barytes, Felspar, Mica, and Quartz as major minerals, aligning with the National Critical Mineral Mission to boost India’s industrial growth.

    Major and Minor Minerals in India

    What are Major Minerals?

    • Major minerals are those with high economic value, used in industrial applications, energy production, and metallurgy.
    • Regulation: Controlled by the Central Government under the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act).
    • Examples:
      • Metallic Minerals: Iron ore, Copper, Bauxite, Gold, Manganese, Zinc, Lead.
      • Energy Minerals: Coal, Lignite, Uranium.
      • Industrial Minerals: Limestone, Rare Earth Elements, Graphite, Gypsum.

    What are Minor Minerals?

    • Minor minerals have lower economic value and are mainly used in construction, local industries, and ornamental purposes.
    • Regulation: Controlled by State Governments under the MMDR Act, which gives them the power to grant leases and regulate mining activities.
    • Examples:
      • Building Materials: Sand, Gravel, Stone, Marble.
      • Non-Metallic Minerals: Dolomite, Mica, Quartz, Felspar, Clay (until reclassified as major minerals).

    Key Reasons for Reclassification:

    • Extraction of Critical Minerals: These minerals are found with Lithium, Beryl, Niobium, Tin, and Tantalum, essential for energy transition, space, and healthcare industries.
    • Industrial & Strategic Importance: Barytes is used in oil drilling, electronics, radiation shielding, while Quartz, Felspar, and Mica are crucial for ceramics, glass, and semiconductor industries.
    • Improved Regulation & Transparency: Reclassification ensures scientific mining, reporting, and compliance under Indian Bureau of Mines (IBM), reducing illegal extraction and enhancing exploration.
    • No Impact on Existing Leases: Current leases remain valid for 50 years, allowing miners to adapt to new rules without disruption, with revenue continuing to benefit State Governments.

    PYQ:

    [2020] Consider the following minerals:

    1. Bentonite
    2. Chromite
    3. Kyanite
    4. Sillimanite

    In India, which of the above is/are officially designated as major minerals?

    (a) 1 and 2 only

    (b) 4 only

    (c) 1 and 3 only

    (d) 2, 3 and 4 only

     

  • Assam to recognize Bathou Faith

    Why in the News?

    The Bodoland Territorial Region (BTR) government in Assam has officially included ‘Bathouism’ as an option in the religion column of key application forms, including admission forms, birth and death certificates.

    What is Bathouism?

    • Bathouism is the traditional faith of the Bodo people, primarily practiced in Assam and the foothills of Bhutan.
    • It is a nature-centric religion that worships Bathoubwrai, the supreme deity believed to govern the universe.
    • The central symbol of Bathouism is the Sijou plant (Euphorbia antiquorum), representing Bathoubwrai and planted in sacred enclosures (Bathou Thansali).
    • Bathou Puja is performed to seek divine blessings for prosperity, health, and well-being.
    • The Assam government has recently recognized Bathouism as a distinct faith, allowing its inclusion in official documents.

    Philosophy of Bathouism

    • Bathouism is based on five fundamental elements, known as Ba (five) Thou (deep thought), representing natural forces:
    1. Bar (Air) – Symbolizes breath, movement, and life force.
    2. San (Sun) – Represents light, energy, and warmth.
    3. Ha (Earth) – Stands for stability, fertility, and sustenance.
    4. Or (Fire) – Denotes transformation and purification.
    5. Okhrang (Sky) – Represents infinite wisdom and cosmic balance.
    • Bathoubwrai (Sibwrai) is considered almighty, omniscient, and eternal, beyond time and space. He is indestructible—fire cannot burn him, water cannot moisten him, air cannot dry him, and weapons cannot pierce him.
    • Bathouism promotes:
    1. Truthfulness, honesty, and righteousness.
    2. Respect for elders, ancestors, and nature.
    3. Peaceful coexistence and non-violence.
    4. Gratitude through rituals and pujas.
    • Bathou rituals involve five bamboo sticks symbolizing the five elements, with offerings of rice beer, milk, flowers, and incense.
    • Ancestral veneration and community harmony are integral aspects of the faith.

    PYQ:

    [2014] Which one of the following pairs does not form part of the six systems of Indian Philosophy?

    (a) Mimamsa and Vedanta

    (b) Nyaya and Vaisheshika

    (c) Lokayata and Kapalika

    (d) Sankhya and Yoga

     

  • SC stays Lokpal order on power over judges

    Why in the News?

    The Supreme Court recently halted a Lokpal order that sought to include High Court judges under its jurisdiction, calling the anti-corruption body’s interpretation “very disturbing.”

    Why did the Supreme Court stay the Lokpal order?

    • Violation of Judicial Independence (Article 50 & Article 121): The Supreme Court held that bringing High Court judges under Lokpal’s jurisdiction undermines judicial independence, which is a part of the Basic Structure Doctrine.
      • Article 50 mandates the separation of the judiciary from the executive, preventing interference in judicial functioning.
      • Article 121 prohibits Parliament from discussing the conduct of judges except in matters of impeachment, reinforcing judicial autonomy.
    • Judges Are Appointed Under the Constitution (Article 124 & Article 217): The Supreme Court rejected Lokpal’s argument that High Courts were created by British laws, emphasizing that all judges are appointed under the Constitution.
      • Article 124 establishes the Supreme Court, while Article 217 governs the appointment of High Court judges, ensuring their independence from executive control.
    • Judicial Oversight Is an Internal Process (Article 124(4) & Article 217(1)(b)): The Supreme Court reaffirmed that judicial misconduct should be handled internally, either through the in-house procedure or the impeachment process.
      • Article 124(4) (for Supreme Court judges) and Article 217(1)(b) (for High Court judges) provide for removal only through Parliamentary impeachment, making external investigations by the Lokpal unconstitutional.

    What is suo motu case? 

    Suo motu (Latin: on its own motion) refers to the Supreme Court or High Courts taking up a case on their own initiative, without a formal petition being filed.

    In which circumstances do courts in India exercise suo motu powers?

    • Constitutional Concerns (Separation of Powers, Judicial Independence): Courts intervene suo motu when an issue threatens constitutional principles like the separation of powers or judicial independence.
      • Example: In re: Article 370 of the Constitution (2023) – The Supreme Court took up the matter of abrogation of Article 370 to examine whether the Union government’s decision upheld constitutional principles.
    • Fundamental Rights Violations: Courts act suo motu when fundamental rights under Articles 14 (equality), 19 (freedom), and 21 (right to life) are violated.
      • Example: Suo Motu Writ Petition (Criminal) No.1 of 2020 – The Supreme Court intervened during COVID-19 migrant crisis, directing the government to provide food, shelter, and transport to stranded workers.
    • Public Interest or Institutional Integrity: Courts take suo motu cognizance to protect public interest and prevent harm to democratic institutions.
      • Example: Suo Motu Cognizance of Lakhimpur Kheri Violence (2021) – The Supreme Court intervened to monitor the UP government’s investigation into the killing of protesting farmers, ensuring transparency and accountability.

    Why did the Lokpal order bring High Court judges under its jurisdiction?

    • Interpretation of ‘Public Servants’ Under Lokpal Act: The Lokpal classified High Court judges as public servants under the Lokpal and Lokayuktas Act, 2013, making them subject to its jurisdiction.
    • Reliance on Section 14(1)(f) of the Lokpal Act: This section grants Lokpal jurisdiction over any body or authority established by an Act of Parliament.
      • The Lokpal argued that High Courts were established by British Parliamentary Acts (Indian High Courts Act, 1861 & Government of India Act, 1935), making them fall within this clause.
    • Distinction Between High Courts and Supreme Court: The Lokpal reasoned that Article 124 of the Constitution explicitly established the Supreme Court, but Article 214 only recognized High Courts, implying that High Courts were not directly created by the Constitution.
      • Based on this, the Lokpal ruled that Supreme Court judges were outside its jurisdiction, but High Court judges were not.
    • Lack of Explicit Exemption for Judges: The 2013 Lokpal Act does not explicitly exclude High Court judges from its jurisdiction, which the Lokpal interpreted as allowing it to investigate them.
    • Case-Specific Justification: The complaint involved a High Court judge allegedly influencing judicial decisions for personal benefit. The Lokpal argued that since the judge was serving in a High Court of a State reorganized by an Act of Parliament, it had jurisdiction over the matter.

    Way forward: 

    • Judicial Accountability Within Constitutional Framework: Strengthen in-house mechanisms for judicial oversight while ensuring compliance with constitutional provisions like Articles 124(4) and 217(1)(b), which mandate impeachment as the sole removal process for judges.
    • Clarify Lokpal’s Jurisdiction Through Legislative Review: Amend the Lokpal and Lokayuktas Act, 2013, to explicitly define its jurisdiction, ensuring it does not encroach upon judicial independence while maintaining transparency in the judiciary.

    Mains PYQ:

    Q Judicial Legislation is antithetical to the doctrine of separation of powers as envisaged in the Indian Constitution. In this context justify the filing of large number of public interest petitions praying for issuing guidelines to executive authorities. (UPSC IAS/2020)

  • What is Article 101(4)? 

    Why in the News?

    Amritpal Singh’s detention has raised concerns over his parliamentary position, as Article 101(4) states that an MP’s seat can be vacated after 60 consecutive absences without permission. He has missed 46 sittings so far.

    About Article 101(4) and its Feature

    • Article 101(4) states that if a Member of Parliament (MP) is absent from all meetings of the House for a period of 60 days, their seat may be declared vacant.
    • The 60-day period is counted continuously (excluding adjournments but including recess).
    • If the MP remains absent without prior permission from the House, the seat can be vacated under Article 101(4).
      • No MP has ever lost a seat under Article 101(4) in practice.
    • The House may grant condonation (excuse the absence) if a valid reason is provided.
    • This provision ensures active participation of MPs and prevents prolonged absenteeism.
    • If an MP does not attend any session of Lok Sabha or Rajya Sabha for 60 days without permission, the House can initiate proceedings to declare the seat vacant.

    Legal Options

    • Like past MPs, Amritpal can formally request permission to remain absent due to his incarceration.
    • Former MP from Uttar Pradesh Atul Rai received similar permission in 2023 while in jail.
    • The Lok Sabha must formally vote to declare his seat vacant, making disqualification unlikely unless actively pursued.

    PYQ:

    [2012] Regarding the office of the Lok Sabha speaker, consider the following statements:

    1. He/She holds the office during the pleasure of the President.
    2. He/She need not be a member of the House at the time of his/her election but has to become a member of the House within six months from the date of his/her election.
    3. If he/she intends to resign, the letter of his/her resignation has to be addressed to the Deputy Speaker.

    Which of the statements given above is/are correct?

    (a) 1 and 2 only
    (b) 3 only
    (c) 1, 2 and 3
    (d) None