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GS Paper: GS2-01.Indian Constitution-Historical underpinnings & evolution; Features, amendments, significant provisions, basic structure of Constitution

  • Uttarakhand Cabinet approves Uniform Civil Code Manual

    Why in the News?

    The Pushkar Dhami Cabinet in Uttarakhand approved the UCC with plans to roll it out after the local body elections. Uttarakhand will be the first state in India to implement the UCC.

    What is the Uniform Civil Code?

    • The UCC refers to a single law that governs personal matters such as marriage, divorce, inheritance, adoption, and succession for all citizens of India, irrespective of their religion.
    • Constitutional Basis: Article 44 of the Directive Principles of State Policy (DPSP) in the Indian Constitution envisions a UCC to promote national integration by eliminating discrepancies in personal laws.

    What are the significance of UCC? 

    • Equality and Justice: UCC ensures equal treatment of all citizens, irrespective of religion, caste, or gender, by replacing diverse personal laws with a unified legal framework. This promotes fairness and eliminates discriminatory practices in personal matters like marriage, divorce, and inheritance.
    • Gender Parity and Women’s Empowerment: Personal laws often favor patriarchal norms, disadvantaging women in areas like inheritance and divorce. UCC addresses these disparities, granting women equal rights and fostering gender justice.
    • National Integration: By unifying personal laws across communities, UCC strengthens national unity and reduces divisions based on religion or community-specific laws. It promotes secularism and reinforces the idea of “one nation, one law”.
    • Simplification of Legal Systems: A common civil code simplifies the legal process by eliminating inconsistencies among various personal laws, making it easier for citizens to understand their rights and obligations.
    • Closing Loopholes in Personal Laws: UCC addresses biases and loopholes in existing personal laws that perpetuate inequality or favouritism, ensuring a more just legal system for all citizens.

    What is the Judicial stand on it? 

    • Mohd. Ahmed Khan vs. Shah Bano Begum (1985): This case marked a pivotal moment when the Supreme Court urged the government to enact a UCC.
      • The Court highlighted that a common civil code would promote national integration by eliminating conflicting loyalties to different personal laws.
    • Jordan Diengdeh vs. S.S. Chopra (1985): The Court reiterated the “immediate and compulsive need for a uniform civil code”.
    • Sarla Mudgal vs. Union of India (1995): In this case, the Supreme Court criticised the government’s inaction regarding the UCC, asserting that over 80% of citizens were already governed by codified personal laws and that there was no justification for delaying its introduction any further.
    • John Vallamattom vs. Union of India (2003): The Supreme Court again stressed the need for a UCC, lamenting that Article 44 had not been implemented and reiterating its role in fostering national unity by resolving contradictions arising from diverse personal laws.
    • Shayara Bano vs. Union of India (2017): In addressing the issue of triple talaq, the Supreme Court underscored that the Constitution mandates the state to provide for a UCC to address various social injustices and legal inconsistencies stemming from personal laws.
    • Jose Paulo Coutinho vs. Maria Luiza Valentina Pereira (2019): The Court expressed disappointment over the lack of progress towards a UCC, noting that while personal laws reflect religious beliefs, they should not be exempt from reform in a secular state.

    What are the challenges? 

    • Cultural Resistance: There is significant opposition from various religious groups who view the UCC as an infringement on their cultural and religious practices. This resistance can lead to social unrest and political backlash.
    • Political Controversy: The UCC is often a contentious political issue, with parties divided along ideological lines. This can complicate legislative processes and delay implementation.
    • Legal Complexity: The integration of diverse personal laws into a single code poses substantial legal challenges. Ensuring that the new code respects individual rights while being comprehensive enough to address various community needs requires careful drafting.
    • Awareness and Training: Effective implementation requires extensive training for officials and awareness campaigns for citizens to understand their rights under the new code. This necessitates significant resources and time.

    Way forward: 

    • Phased Implementation and Pilot Projects: Begin with optional UCC adoption in specific regions or for limited personal law aspects (e.g., marriage or inheritance) to test feasibility and address concerns gradually.
    • Inclusive Stakeholder Engagement: Conduct extensive consultations with religious leaders, community representatives, and legal experts to build consensus and ensure the code respects India’s diversity while upholding constitutional values.

    Mains PYQ:

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

  • Why have we normalised hate speech against women in politics?

    Why in the News?

    The 267th Law Commission Report that was recently released, recommended including “hate speech” within the Indian Penal Code, indicating a governmental acknowledgment of the need to address this pervasive issue.

    • This has reignited conversations about the legal framework surrounding hate speech, particularly against women in politics.

    Key Highlights made by the 267th Law Commission Report:

    • Definition and Scope of Hate Speech: The report begins by providing a comprehensive definition of hate speech, emphasizing its potential to incite violence, discrimination, and social discord. It categorizes hate speech as any communication that demeans or vilifies individuals based on attributes such as religion, caste, gender, or ethnicity.
    • Proposed Legal Provisions: One of the report’s central recommendations is the amendment of the Indian Penal Code (IPC) and also suggests penalties that reflect the severity of the offense, thereby reinforcing the message that hate speech will not be tolerated in a democratic society.
    • Protection of Minority Communities: The commission advocates for legal safeguards that ensure minority communities are not disproportionately targeted within public discourse. By highlighting the vulnerabilities faced by minorities, the report calls for a proactive approach to uphold their rights and dignity in the face of societal prejudice.
    • Balancing Free Speech and Protection: The commission emphasizes that while free speech is a fundamental right, it should not come at the expense of public order or individual safety. The proposed laws aim to delineate clear boundaries that prevent hate speech without infringing upon legitimate expressions of opinion or dissent.
    • Public Awareness Campaigns: The report additionally recommends launching extensive public awareness campaigns aimed at educating citizens about the harmful consequences of hate speech.

    What factors contribute to the normalization of hate speech against women in politics?

    • Cultural Attitudes: Misogynistic remarks are often rooted in deep-seated cultural attitudes that devalue women, reflecting a broader societal acceptance of gender discrimination and objectification.
    • Political Discourse: Political speeches frequently employ derogatory language towards women, which normalizes such behaviour and diminishes the seriousness of misogyny in public life.
    • Lack of Accountability: Political parties often distance themselves from offensive remarks only after public backlash, leading to a culture where such comments are tolerated until they provoke outrage.
    Note: The word “misogyny” comes from Greek roots: “misein,” which means “to hate,” and “gyne,” which means “woman.” Misogyny can show up in various ways, such as male privilege, discrimination against women, sexual harassment, insulting or demeaning women, violence, and treating women as objects.

    How does hate speech impact women’s participation in politics?

    • Discouragement and Marginalization: Hate speech creates an intimidating environment for women, discouraging them from participating in politics and undermining their credibility as leaders.
    • Social Isolation: The prevalence of hostile commentary can isolate women politicians, making it difficult for them to connect with constituents and build supportive networks.
    • Psychological Effects: Constant exposure to misogynistic remarks can lead to emotional distress, affecting women’s confidence and willingness to engage in political activities.

    How are Panchayats playing a good field in building awareness?

    • Women Representation: Nearly 20 states have achieved 50% representation of women in Panchayati Raj institutions, fostering an environment where women’s voices are amplified in local governance.
    • Empowerment Initiatives: There has been an emergence of all-women panchayats like ‘Manje Rai Panchayat’ in Ahmednagar district of Maharashtra and ‘Kultikri Gram Panchayat’ under Jhargram sub-division in West Bengal.
      • For example, the political women leaders like Mamta Devi exemplify effective governance by addressing infrastructure, and livelihood issues, and mobilizing women within their communities.

    What are the key recommendations from the Global Gender Gap 2023 Report?

    • ‘Women in local governance’ have been added as an indicator in the 2023 Global Gender Gap Report (India is ranked quite low at 127/146).
    • The report emphasizes the urgent need for legal recognition of gender-based hate speech. This entails developing laws that specifically address and penalize hate speech directed at women.
    • The report calls for enhanced accountability and commitment towards gender equality, not just through government schemes but as a fundamental aspect of political culture.

    Way forward: 

    • Strengthen Legal Frameworks: Enact comprehensive hate speech laws that explicitly address gender-based discrimination and ensure accountability for misogynistic remarks in politics, alongside implementing the recommendations of the 267th Law Commission Report.
    • Promote Women-Centric Governance: Encourage greater representation of women in all levels of governance, drawing inspiration from successful initiatives in Panchayati Raj institutions, while supporting leadership training and public awareness campaigns to combat societal biases.

    Mains PYQ:

    Q “Though women in post-independent India have excelled in various fields, the social attitude towards women and the feminist movement has been patriarchal.” Apart from women’s education and women empowerment schemes, what interventions can help change this milieu? (UPSC IAS/2021)

  • [pib] State Public Service Commission (SPSC)

    Why in the News?

    The Vice President addressed the inauguration ceremony of the 25th National Conference of Chairpersons of State Public Service Commissions (SPSCs) in Bengaluru.

    About State Public Service Commission (SPSC):

    Details
    • SPSCs are independent constitutional bodies established under Articles 315 to 323 in Part XIV of the Constitution of India.
    • Modeled on the Union Public Service Commission (UPSC) to recruit for state services and advise the state government on personnel matters.
    • Proposed under the Government of India Act (GoI), 1919, and formally established through the GoI Act, 1935, after the ‘Lee Commission (1924)’ recommendations.
    • Serve as the central recruiting agency for the state, distinct from the Department of Personnel or General Administration Department.

    Note: Recommendations made by SPSCs are advisory, and the government has discretion to accept or reject them, subject to accountability to the Legislature.
    Composition
    • Composed of a Chairman and other members appointed by the Governor of the state.
    • At least 50% of the members must have held a government post (Central or State) for at least 10 years.
    • Members hold office for 6 years or until they attain the age of 62, whichever is earlier.
    • The Governor has discretionary power over composition, service conditions, and temporary appointments of acting Chairpersons during vacancies.
    • Members can resign by addressing the resignation to the Governor.
    • Removal is initiated by the President for grounds like insolvency, paid employment, infirmity, or misbehavior, following a Supreme Court inquiry.
    Powers and Functions
    • Recruitment and Appointments: Conducts exams for appointments to state civil services and posts.
    • Advisory Role: Provides guidance on recruitment methods, promotions, transfers, and disciplinary matters.
    • Judicial Appointments: Consulted, along with the State High Court, on rules for appointments to the state judiciary (excluding district judges).
    • Annual Reporting: Submits a performance report to the Governor, who presents it to the State Legislature with explanations for non-acceptance of advice.
    • Disciplinary Action: Consulted by the government in cases involving disciplinary measures for civil servants, alongside the State Vigilance Commission.
    Security and Independence
    • Tenure Protection: Members can only be removed for constitutionally specified reasons.
    • Financial Independence: Expenses are charged on the Consolidated Fund of the State, requiring no legislative vote.

    Post-Tenure Appointments:

    • Chairpersons can be appointed as Chairman or members of UPSC or another SPSC but not in other government roles.
    • Members can be appointed as Chairperson or members of UPSC or another SPSC but not to other government roles.

     

    PYQ:

    [2015] Consider the following statements:

    1. The Executive Power of the union of India is vested in the Prime Minister.

    2. The Prime Minister is the ex officio Chairman of the Civil Services Board.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

  • Should voter IDs be linked with Aadhaar?

    Why in the News?

    Two political parties have accused each other of tampering the voter lists before the Delhi Assembly elections. This has brought back the discussion about linking voter IDs (EPIC) with Aadhaar numbers.

    Why was the National Electoral Rolls Purification and Authentication Program?

    The National Electoral Rolls Purification and Authentication Program (NERPAP) was launched by the Election Commission of India on March 3, 2015, with the primary goal of creating an error-free and authenticated electoral roll.

    • Linking EPIC with Aadhaar: The program sought to link the Elector’s Photo Identity Card (EPIC) data with the Aadhaar database to authenticate voter identities and eliminate duplicate entries in the electoral rolls.
    • Error Correction: NERPAP aimed to facilitate the correction of errors in voter data and improve the overall quality of images on electoral documents.
    • Voluntary Disclosure of Multiple Entries: Voters were encouraged to voluntarily disclose any multiple registrations, allowing for timely corrections and deletions of unnecessary entries from the electoral rolls.
    • Enhanced Communication: The initiative also aimed to collect mobile numbers and email addresses from voters, enabling the Election Commission to provide important updates regarding elections, such as poll dates and revision schedules.
    • Public Participation: To ensure maximum engagement, special camps and facilitation centers were organized nationwide to assist voters in linking their Aadhaar with EPIC and addressing any concerns regarding their registrations.

    What did the Supreme Court mandate in the Puttaswamy case in 2018?

    • In the Puttaswamy case, the Supreme Court recognized the right to privacy as a fundamental right under the Constitution. It ruled that while Aadhaar could be used for various purposes, including voter registration, individuals cannot be denied their right to vote for failing to provide their Aadhaar number.
    • This ruling emphasized that any legal framework must respect individual privacy rights and ensure that no citizen is disenfranchised due to administrative requirements.

    What are the pros and cons?

    Pros:

    • Elimination of Duplicate Entries: Linking Aadhaar with EPIC can help remove multiple registrations for individuals who may have registered in different locations due to migration.
    • Real-time Authentication: The unique identity provided by Aadhaar enables online verification, enhancing the accuracy of voter rolls.
    • Updated Voter Database: The initiative aims to maintain an updated and accurate record of voters, which is crucial for free and fair elections.

    Cons:

    • Database Errors: Errors within the Aadhaar database could lead to wrongful rejection or deletion of legitimate voter entries.
    • Proof of Citizenship Concerns: Aadhaar serves as proof of residence but not citizenship, potentially failing to address non-citizen registrations on electoral rolls.
    • Privacy Risks: While linkage may not directly violate privacy rights, there are concerns about misuse as electoral rolls are accessible to political parties.

    What can be the way forward?

    • Transparent and Voluntary Process: Modify electoral forms to clearly indicate that providing Aadhaar is voluntary, ensuring no voter is denied registration for not furnishing their Aadhaar number.
    • Strengthen Data Accuracy and Privacy Safeguards: Establish mechanisms to verify Aadhaar data accuracy and implement robust data protection measures to prevent misuse of linked electoral rolls.

    Mains PYQ:

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

  • Section 152 of BNS should not become a proxy for sedition

    Why in the News?

    In the 2024 case of Tejender Pal Singh v. State of Rajasthan, the Rajasthan High Court warned that Section 152 of the Bharatiya Nyaya Sanhita (BNS) should not be misused to suppress valid criticism or peaceful dissent.

    What are the key differences between Section 152 of the BNS and Section 124A of the IPC?

    • Terminology and Scope:
      • Section 124A (IPC) specifically criminalizes acts that bring hatred or contempt towards the government, termed as sedition. It focuses on inciting disaffection against the government.
      • Section 152 (BNS) criminalizes acts that endanger the sovereignty, unity, and integrity of India, including inciting rebellion or promoting separatism. While it does not explicitly use the term “sedition,” it covers similar ground with broader language.
    • Penalties:
        • Section 124A prescribes a punishment of life imprisonment or a minimum of three years in prison, along with a possible fine.
        • Section 152 increases the potential penalty to life imprisonment or up to seven years, along with a mandatory fine, making it potentially more stringent.
    • Intent Requirement:
      • Section 124A requires proof of intent to incite disaffection.
      • Section 152 lowers this threshold by allowing prosecution if a person “knowingly” shares information that could incite rebellion or separatism, regardless of malicious intent.

    How does Section 152 impact freedom of speech and legitimate dissent?

    • Chilling Effect: The vagueness of what constitutes an act endangering sovereignty can lead to a chilling effect on free speech. Individuals may self-censor to avoid potential legal repercussions for expressing dissenting opinions or criticism of the government.
    • Potential for Abuse: The broad language and lack of clear definitions in Section 152 allow for expansive interpretation by enforcement authorities. This can result in legitimate expressions of dissent being criminalized under the guise of national security.
    • Judicial Oversight: The Rajasthan High Court emphasized that Section 152 should not be used as a tool to suppress dissent but rather as a protective measure for national security. It called for careful application and judicial oversight to ensure that legitimate criticism is not equated with sedition.

    What are the legal and constitutional implications of enforcing Section 152?

    • Constitutional Rights: Enforcing Section 152 raises concerns regarding violations of Articles 14 (Right to Equality) and 19 (Freedom of Speech) of the Indian Constitution. The vague definitions may lead to arbitrary enforcement, undermining individual rights and freedoms.
    • Judicial Precedents: The judiciary has historically favoured a consequentialist approach in interpreting laws related to free speech. Previous rulings have established that there must be a direct causal link between speech and its impact for it to constitute an offence. This precedent should guide the interpretation and enforcement of Section 152.
    • Need for Guidelines: There is an urgent need for the Supreme Court to establish clear guidelines regarding the application of Section 152, similar to those created in past cases. This would help delineate acceptable boundaries for criticism while protecting national interests without infringing on civil liberties.

    Way forward: 

    • Establish Clear Guidelines: The Supreme Court should set precise guidelines for applying Section 152 to ensure a balance between protecting national security and safeguarding freedom of speech, as done in past landmark cases.
    • Promote Judicial Oversight: Enforcement authorities should be required to demonstrate a direct and significant link between the speech and its impact, with courts actively monitoring cases to prevent misuse of the law against legitimate dissent.

    Mains PYQ:

    Q What do understand by the concept “freedom of speech and expression”? Does it cover hate speech also? Why do films in India stand on a slightly different plane from other forms of expression? Discuss. (UPSC IAS/2014)

  • Is India open to the idea of dual citizenship?

    Why in the News?

    Recently, External Affairs Minister S. Jaishankar said that there are many challenges in giving dual citizenship to Indians living abroad. He mentioned that the Overseas Citizenship of India program is a step towards addressing this need and added that the discussion about dual citizenship is still ongoing.

    What are the arguments for and against dual citizenship in India?

    Arguments Against Dual Citizenship:

    • Divided Loyalties: Critics argue that dual citizenship would lead to divided loyalties, undermining national integrity. Political rights granted to dual citizens could create conflicts of allegiance between India and another country, which is seen as dangerous for India’s sovereignty.
    • Legal Restrictions: The Indian Constitution mandates that acquiring citizenship in another country results in the automatic loss of Indian citizenship. This legal framework does not support dual citizenship, making it a complex issue to address.
    • Historical Context: The Citizenship Amendment Act of 2019 reflects a cautious approach to citizenship rights, emphasizing the need for complete loyalty to India and limiting the scope of citizenship to those who relinquish foreign nationality.

    Arguments For Dual Citizenship:

    • Global Integration: Proponents believe that allowing dual citizenship could strengthen ties between India and its diaspora, fostering economic and cultural exchanges in an increasingly globalized world.
    • Economic Contributions: There is a belief that dual citizenship could attract foreign investment and encourage Indian expatriates to contribute more significantly to India’s economy without the fear of losing their original nationality.

    How does India’s stance on dual citizenship compare with other democracies?

    • India’s Position on Dual Citizenship: According to Article 9 of the Indian Constitution, any Indian citizen who voluntarily acquires citizenship of another country ceases to be an Indian citizen. This is reinforced by the Citizenship Act of 1955, which outlines that Indian citizenship is singular and does not accommodate dual nationality.
    • Comparison with Other Democracies
      • United States: The U.S. has no restrictions on dual citizenship. Citizens can hold multiple nationalities without losing their U.S. citizenship. This reflects a more permissive approach towards allegiance and nationality.
      • Canada: Canada also allows dual citizenship and recognizes the right of its citizens to hold multiple nationalities. This policy facilitates a diverse and multicultural society.
      • Australia: Similar to Canada, Australia permits dual nationality and extends full consular assistance to its citizens regardless of their other nationalities.
      • Germany: Germany has specific regulations regarding dual citizenship, generally requiring individuals to choose one nationality unless they are EU citizens or meet certain conditions. This reflects a more nuanced approach than India’s outright prohibition.

    What are the current legal frameworks?

    • Overseas Citizenship of India (OCI): Introduced in 2005, OCI allows persons of Indian origin from certain countries to reside in India without a visa and grants them some rights akin to those of Non-Resident Indians (NRIs). However, OCIs do not have voting rights or the ability to hold constitutional offices.
    • Eligibility: The OCI scheme is available primarily to individuals who were citizens of India or eligible for Indian citizenship at the time of the Constitution’s commencement, excluding those from Pakistan and Bangladesh. It is contingent upon the individual’s home country allowing some form of dual citizenship.

    What are the challenges?

    • Political Loyalty Concerns: There is a prevalent fear that granting dual citizenship would lead to divided loyalties among citizens, particularly regarding political rights.
    • Public Sentiment and Political Will: There is significant public resistance against dual citizenship due to concerns about national security and sovereignty.
    • Complexity of Implementation: Implementing a dual citizenship framework would require substantial legal changes and could complicate India’s existing immigration and nationality laws. The challenge lies in balancing the interests of the diaspora with the need to maintain a cohesive national identity.

    Way forward: 

    • Gradual Legal Reforms: India could consider a phased approach to dual citizenship by first allowing it for specific categories such as diaspora members who maintain close economic or cultural ties with India, while ensuring that political rights remain exclusive to Indian citizens only.
    • Enhanced OCI Benefits: India could expand the rights of Overseas Citizens of India (OCI) holders, granting them more privileges such as the right to vote or hold certain offices, without granting full dual citizenship.

    Mains PYQ:

    Q ‘Indian diaspora has a decisive role to play in the politics and economy of America and European Countries’. Comment with examples. (UPSC IAS/2020)

  • Decoding the National Anthem Controversy

    Why in the News?

    Tamil Nadu Governor R.N. Ravi walked out of the Legislative Assembly without giving his opening address for the first session of the year, saying the National Anthem was not played before his speech. Last year, he also refused to read his address.

    What is the practice followed in the TN Legislative Assembly during and after the Governor’s address? 

    • Governor’s Address Protocol: Traditionally, the Tamil Thai Vaazhthu (state anthem) is sung at the beginning of the Governor’s address, while the National Anthem is played at the end. This practice was established in July 1991 during the AIADMK government led by Jayalalithaa.
    • Recent Incident:  Governor R.N. Ravi walked out of the Assembly without delivering his address, citing that only the state anthem was played upon his arrival and not the National Anthem. He expressed that this constituted a disrespect to both the Constitution and the National Anthem.

    Is singing the National Anthem mandatory on certain occasions?

    • Constitutional Duty: Article 51(A)(a) of the Constitution includes respecting the National Anthem as a fundamental duty of every citizen. However, it does not make its singing or playing mandatory on specific occasions.
    • Government Guidelines: The Ministry of Home Affairs’ Orders specify occasions when the National Anthem must be played, such as during civil and military investitures, parades, arrival/departure of the President or Governor, and ceremonial State functions.
    • Judicial Clarifications: The courts have observed that while the National Anthem deserves respect, its singing or playing on all occasions is not mandatory unless explicitly specified.
      • For instance, during cinema screenings, the Supreme Court ruled that playing the anthem is not obligatory but encouraged.

    Can punishment be imposed if it isn’t played at official functions?

    • Legal Provisions: The Prevention of Insults to National Honour Act, 1971 penalizes deliberate insult or contempt of the National Anthem with imprisonment up to 3 years, a fine, or both.
      • Non-playing or non-singing of the anthem does not attract punishment unless it is a willful act of disrespect.
    • Relevant Case Example: In 2019, the Madras High Court dismissed a petition seeking punishment for the non-playing of the National Anthem at an official function, citing the lack of a legal mandate to enforce its singing or playing on all occasions.

    Why does the government make the national anthem on major government occasions?

    • Fostering Unity and National Pride: Playing the National Anthem at significant government events reinforces a sense of collective identity, unity, and patriotism among citizens. It serves as a symbolic reminder of shared national values and aspirations, transcending regional, linguistic, and cultural differences.
    • Respecting Constitutional Ideals: Mandating the National Anthem aligns with Article 51(A)(a) of the Constitution, which enshrines the fundamental duty of every citizen to respect the National Anthem.
      • Its inclusion in major events underscores the importance of honouring national symbols and promoting a culture of respect and accountability in public life.

    Way forward: 

    • Establish Uniform Protocols: The government should issue clear and consistent guidelines for playing the National Anthem at official events to avoid confusion and ensure uniformity across states and institutions.
    • Promote Awareness and Respect: Conduct awareness campaigns emphasising the significance of the National Anthem as a unifying symbol, fostering voluntary respect and participation without compulsion or controversy.

    Mains PYQ:

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

  • In today’s India, can the Constitution protect individual dignity?

    Why in the News?

    The SC has emphasized the importance of individual dignity within the context of Article 21 in several landmark cases. 

    • Discussions around individual dignity have again gained traction, especially when former SC Justice Kurian Joseph emphasized that the Constitution prioritizes individual dignity, making it a vital topic for contemporary legal discourse.

    How effectively does the Constitution safeguard individual dignity?

    The Constitution of India is designed to protect individual dignity through a framework that entitles citizens to fundamental rights.  

    • Entrenchment of Individual Rights: The Constitution explicitly guarantees individual rights, aiming to protect the freedom and dignity of all citizens. 
      • Fundamental Rights under Part III of the Constitution, such as the Right to Equality (Article 14), Right to Freedom (Articles 19-22), and Right to Life and Personal Liberty (Article 21), explicitly safeguard individual dignity.
    • Checks and Balances: The Constitution establishes institutional checks and balances to prevent the abuse of power.
      • In Maneka Gandhi v. Union of India (1978), the Supreme Court broadened the scope of Article 21, holding that any law depriving personal liberty must meet the standards of fairness, justice, and reasonableness.
    • Political Equality: By affirming political equality among citizens, the Constitution enables individuals to participate actively in the democratic process. 
      • Article 326 guarantees universal adult suffrage, enabling all citizens to participate equally in democratic processes, affirming their political dignity and sense of inclusion.

    What role do societal attitudes and systemic issues play in protecting dignity?

    Societal attitudes and systemic issues significantly influence the protection of individual dignity under the Constitution:

    • Community Identity vs. Individual Rights: The emphasis on community identity whether based on caste, religion, or nation can undermine individual dignity. When societal attitudes prioritize group identities over individual rights, it can lead to discrimination and marginalization.
    • Trust and Cooperation: A lack of trust among citizens can hinder collective efforts to uphold constitutional values. When individuals measure each other against rigid identities, it subverts the freedom that the Constitution aims to protect.
    • Oligarchic Power: Concentration of wealth and power can distort democratic processes, leading to a situation where certain groups’ interests overshadow individual rights. This systemic issue can erode the effectiveness of constitutional protections for dignity.

    Can legal frameworks adapt to evolving understandings of dignity?

    The legal framework established by the Constitution has the potential to adapt to evolving understandings of dignity:

    • Basic Structure Doctrine: The Basic Structure Doctrine, established in Kesavananda Bharati v. State of Kerala (1973), ensures that core principles like dignity remain inviolable while allowing amendments to address evolving needs. 
      • For example, The 103rd Constitutional Amendment (2019) introduced a 10% reservation for Economically Weaker Sections (EWS) in education and public employment.
    • Ongoing Democratic Negotiation: The Constitution leaves questions regarding economic structure open for ongoing negotiation, allowing for discussions around justice and inclusion that are vital for protecting dignity in a changing society.
      • For example, The introduction of the Transgender Persons (Protection of Rights) Act, 2019 marked a significant step toward affirming the dignity and rights of transgender individuals.
    • Judicial Interpretation: Courts play a critical role in interpreting constitutional provisions related to dignity. 
      • For example, Navtej Singh Johar v. Union of India (2018) decriminalized consensual same-sex relationships by reading down Section 377 of the Indian Penal Code.

    Way forward: 

    • Promoting Constitutional Values: Enhance public awareness and foster societal attitudes that prioritize individual dignity, equality, and mutual respect over group identities.
    • Strengthening Institutional Adaptability: Empower judicial and legislative mechanisms to address systemic inequities, interpret evolving notions of dignity, and implement inclusive policies.

    Mains PYQ:

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

  • Could the POSH Act apply to political parties?

    Why in the News?

    Recently, the SC considered a Public Interest Litigation (PIL) advocating for the applicability of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 to political parties.

    What is the legal status of political parties concerning the POSH Act?

    • Current Legal Interpretation: The Kerala HC previously ruled that political parties do not fall under the scope of the POSH Act due to a lack of an employer-employee relationship with their members. This interpretation suggests that political parties are not obligated to establish ICCs as required by the Act.
    • Definition of Workplace: The POSH Act defines “workplace” broadly, including various public and private entities. However, applying this definition to political parties is complex, as many party workers operate without a defined workplace and often have temporary roles that do not align with traditional employment structures.
    • Potential for Inclusion: Advocates argue that since the POSH Act includes locations visited by employees during their course of employment, it could extend protections to party workers in field operations. The definition of “employee” also encompasses temporary and contract workers, which could potentially include political party members.

    How can Internal Complaints Committees (ICCs) be effectively established?

    What are Internal Complaints Committees (ICCs)?

    ICCs are mandated bodies established under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in India. These committees play a crucial role in addressing complaints of sexual harassment in the workplace, ensuring a safe and supportive environment for all employees.
    • Need for ICCs: The recent PIL presented in the court emphasizes that political parties should have mechanisms to address sexual harassment complaints in line with the POSH Act.
      • Currently, internal discipline mechanisms within parties may not adequately address issues of sexual harassment or comply with ICC requirements under the Act.
    • Challenges in Implementation: Creating ICCs within political parties poses challenges due to their non-traditional structures. The determination of who qualifies as an “employer” in this context is crucial for establishing accountability and compliance with the POSH Act.
    • Existing Party Structures: Political party constitutions outline hierarchical structures that could potentially facilitate the establishment of ICCs. However, these existing frameworks may not meet the requirements set forth by the POSH Act regarding membership and external oversight.

    What role should the ECI play in enforcing compliance with the POSH Act?

    • Competent Authority: The Supreme Court directed that any grievances regarding the application of the POSH Act to political parties should first be addressed to the ECI, which is seen as the competent authority for enforcing compliance among registered political entities.
    • Historical Context: The ECI has previously been involved in ensuring compliance with other laws applicable to political parties, such as the Right to Information Act. However, its role concerning workplace harassment laws remains less defined.
    • Future Implications: If political parties are compelled to comply with the POSH Act through ECI directives, it could set a precedent for accountability and gender equality in politics, potentially influencing broader societal norms regarding workplace harassment.

    Way forward: 

    • Strengthening Compliance Framework: The Election Commission of India (ECI) should issue clear guidelines requiring political parties to establish Internal Complaints Committees (ICCs) in alignment with the POSH Act, ensuring accountability and gender-sensitive grievance redressal mechanisms.
    • Legislative Clarification: Amend the POSH Act to explicitly include political parties within its scope, defining “employer” and “workplace” in the context of party structures to address the unique challenges of non-traditional workplaces.

    Mains PYQ:

    Q What are the continued challenges for Women in India against time and space? (UPSC IAS/2019)

  • What Ambedkar, KM Munshi said on Uniform Civil Code (UCC)?

    Why in the News?

    Prime Minister renewed his call for a nationwide Uniform Civil Code (UCC), citing the views of Dr. B.R. Ambedkar and KM Munshi from the Constituent Assembly discussions.

    What is Uniform Civil Code (UCC)?

    • UCC is envisioned under Article 44 of the Constitution, which calls for securing a UCC for all citizens throughout India.
      • Personal law subjects, including marriage, divorce, and inheritance, fall under the Concurrent List.
    • Hindu personal laws: Also applicable to Sikhs, Jains, and Buddhists as well, were codified by Parliament in 1956, encompassing: The Hindu Marriage Act, 1955 The Hindu Succession Act, 1956 The Hindu Minority and Guardianship Act, 1956 The Hindu Adoption and Maintenance Act, 1956.
    • Muslim personal matters are governed by the Shariat law of 1937.
    • The state refrains from interfering, and religious authorities decide based on Quran and Hadith.
    • UCC measures in India:
    1. Special Marriage Act, 1954: Permits civil marriage for any citizen, regardless of religion, allowing marriage outside religious customs.
    2. Shah Bano Case 1985: Supreme Court ruled in favour of Shah Bano for maintenance under Section 125 of CrPC, advocating for a UCC.
    3. Sarla Mudgal Judgement 1995 and Paulo Coutinho vs Maria Luiza Valentina Pereira case 2019: Supreme Court reiterated the need for implementing the UCC, urging the government to enact it.

    What KM Munshi Said on UCC

    • Support for UCC: During the Constituent Assembly debate on November 23, 1948, KM Munshi advocated for the UCC. He rejected the argument that it would be tyrannical towards minorities.
    • Counterarguments: Munshi pointed out that advanced Muslim countries did not regard personal law as untouchable and had implemented civil codes.
    • Equality for Women: He emphasized that without a UCC, women’s rights in personal matters (like inheritance and succession) would remain unequal, particularly in Hindu law, which discriminated against women.
    • National Unity: Munshi linked UCC with national unity, stating that religion should be restricted to spiritual spheres and that social and civil matters should be regulated uniformly for the progress of the nation.

    What Ambedkar Said on UCC

    • Support for UCC: Dr. B.R. Ambedkar, in the debate, did not delve into the merits or demerits of a UCC but strongly supported Article 35 (which was later renumbered as Article 44 of the Constitution of India), which called for securing a uniform civil code for citizens.
    • Challenging Religious Personal Laws: He criticized the view that Muslim personal law was immutable and noted that regions like the North-West Frontier Province (pre-independence) followed Hindu law for issues like succession.
    • State Power and Personal Law: He argued that religion should not govern personal laws and that the State had the right to legislate and reform social systems to address inequities and discriminations in personal laws.

    What happened at the end of the Debate?

    • Passage of Article 35: After discussions, Article 35 was passed by the Constituent Assembly. This article laid down the directive principle that the State shall endeavor to secure a UCC for the citizens of India.
    • Renumbering to Article 44: Later, this article was renumbered as Article 44 in the Indian Constitution. It continues to remain a Directive Principle of State Policy (DPSP), guiding future policies on personal laws and advocating for uniformity in civil matters across religious communities.