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

  • What is Ninth Schedule of the Constitution?

    Central idea: Chhattisgarh CM has written to the Prime Minister seeking the inclusion of two amendment Bills allowing for higher quotas in jobs and educational institutions in the Ninth Schedule of the Constitution.

    What is Ninth Schedule?

    • The Ninth Schedule is a legal provision in the Constitution of India that provides immunity to certain laws from judicial review.
    • It is a list of Central and State laws that are immune from judicial review.
    • These laws are not subject to judicial scrutiny or challenge in any court of law, including the Supreme Court of India.
    Details
    Definition A list of Central and State laws that are immune from judicial review.
    History Added to the Constitution by the First Amendment in 1951.
    Purpose back then To protect land reforms and other progressive laws from being challenged in courts.
    Significance Used to protect laws related to land reforms, reservation in education and employment, anti-defection laws, and other progressive measures aimed at social justice and equality.
    Criticisms Criticised for shielding unconstitutional laws and violating fundamental rights.

    Supreme Court of India has struck down several laws in the Ninth Schedule on the grounds that they violate the basic structure of the Constitution.
    Amendment Constitution (Ninety-Sixth Amendment) Act, 2001 added a provision stating that any law added to the Ninth Schedule after April 24, 1973, can be challenged in courts on the ground that it violates the fundamental rights guaranteed by the Constitution.

     

    What is the request made by CG CM?

    • In Chhattisgarh’s case, the two amendment Bills were passed unanimously by the State Assembly paving the way for 76% quota for Scheduled Caste, Scheduled Tribes and Other Backward Classes.
    • However, the Bills are yet to receive the Governor’s nod.
    • The Chhattisgarh High Court had struck down a 2013 State government order to allow 58% quota, holding that reservation above the 50% ceiling was “unconstitutional.”

    Request for Inclusion in Ninth Schedule

    • The CM presented the demographics of the State and wrote that the socio-economic and educational condition of the OBC people of the State is as weak as that of the SC/ST people.
    • He argued that the inclusion of the amended provision in the Ninth Schedule of the Constitution is necessary for the people of the deprived and backward classes to get justice.

     

     

  • Constitution Bench formed in Same-Sex Marriage Case

    bench

    The Supreme Court has announced the formation of a new Constitution Bench headed by Chief Justice of India DY Chandrachud to hear a series of petitions seeking legal recognition of same sex marriages.

    What is a Constitution Bench?

    • The constitution bench is the name given to the benches of the Supreme Court of India.
    • The Chief Justice of India has the power to constitute a Constitution Bench and refer cases to it.

    Constitution benches are set up when the following circumstances exist:

    1. Interpretation of the Constitution: Article 145(3) provides for the constitution of at least five judges of the court which sit to decide any case “involving a substantial question of law as to the interpretation” of the Constitution of India.
    2. President of India seeking SC’s opinion: When the President has sought the Supreme Court’s opinion on a question of fact or law under Article 143 of the Constitution. Article 143 of the Constitution provides for Advisory jurisdiction to the SC. As per the provision, the President has the power to address questions to the apex Court, which he deems important for public welfare.
    3. Conflicting Judgments: When two or more three-judge benches of the Supreme Court have delivered conflicting judgments on the same point of law, necessitating a definite understanding and interpretation of the law by a larger bench.
    • The Constitution benches are set up on ad hoc basis as and when the above-mentioned conditions exist.
    • Constitution benches have decided many of India’s best-known and most important Supreme Court cases, such as:
    1. K. Gopalan v. State of Madras (Preventive detention)
    2. Kesavananda Bharati v. State of Kerala (Basic structure doctrine) and
    3. Ashoka Kumar Thakur v. Union of India (OBC reservations) etc.

    Why in news now?

    • The Centre had expressed its concern about the “psychological impact” that same-sex unions could have on children, but refused to link its worries to stigma about same-sex relationships.
    • The government’s recent affidavit sought to explain how same-sex marriage was antithetical to the view held by many in India that marriage was a “holy union, a sacrament and a sanskar” between a biological man and a woman.

     

  • Role of Parliamentary Committees

    Central idea: This article discusses the importance and functions of parliamentary committees in India.

    Why in news?

    • As little as 25% of the Bills introduced were referred to committees in the 16th Lok Sabha, as compared to 71% and 60% in the 15th and 14th Lok Sabha respectively.
    • This represents a declining trend of national legislation being subjected to expert scrutiny.

    What is a Parliamentary Committee?

    • A committee appointed or elected by the House or nominated by the Speaker that works under the direction of the Speaker and presents its report to the House or the Speaker.
    • Two kinds of committees: Standing Committees and Ad hoc Committees.

    (1) Standing Committees

    • Permanent and regular committees constituted from time to time in pursuance of the provisions of an Act of Parliament or Rules of Procedure and Conduct of Business in Lok Sabha.
    • The work of these Committees is of continuous nature.
    • Examples include the Financial Committees and DRSCs.

    (2) Ad hoc Committees

    • Appointed for a specific purpose and cease to exist when they finish the task assigned to them and submit a report.
    • The principal Ad hoc Committees are the Select and Joint Committees on Bills.
    • Examples include the Railway Convention Committee and Joint Committee on Food Management in Parliament House Complex.

    Why need Parliamentary Committee?

    • Parliament scrutinizes legislative proposals (Bills) in two ways: discussion on the floor of the two Houses and referring the Bill to a parliamentary committee.
    • Since Parliament meets for 70 to 80 days in a year, there is not enough time to discuss every Bill in detail on the floor of the House.

    Role of the committee in the passage of a Bill

    • The debate in the house is mostly political and does not go into the technical details of a legislative proposal.
    • Referring a Bill to a parliamentary committee takes care of the legislative infirmity of debate on the floor of the House.
    • However, referring Bills to parliamentary committees is not mandatory.

    What is a Select Committee?

    • India’s Parliament has multiple types of committees.
    • Departmentally related Standing Committees focus on the working of different ministries.
    • Each committee has 31 MPs, 21 from Lok Sabha and 10 from Rajya Sabha.
    • The main purpose is to ensure the accountability of Government to Parliament through a more detailed consideration of measures in these committees.

    When does a committee examine a Bill?

    • Bills can reach a committee through a recommendation by the minister piloting the Bill or the presiding officer of the House.

    What happens when a Bill goes to a Committee?

    • The committee undertakes a detailed examination of the Bill, inviting comments and suggestions from experts, stakeholders and citizens.
    • The government also appears before the committee to present its viewpoint.
    • The committee’s report makes suggestions for strengthening the Bill.
    • While the committee is deliberating on a Bill, there is a pause in its legislative journey.
    • The Bill can only progress in Parliament after the committee has submitted its report.

    What happens after the report?

    • The report of the committee is of a recommendatory nature.
    • The government can choose to accept or reject its recommendations.
    • Select Committees and JPCs have an added advantage of including their version of the Bill in the report.
    • The minister in charge of that particular Bill can move for the committee’s version of the Bill to be discussed and passed in the House.

    Importance of these Committees

    • Parliamentary committees analyze the impact that a specific piece of legislation may have on governance indicators.
    • It recommends the government to take an ‘Action Taken’ report for the House to judge the progress made on the suggestions of the committee.
    • Though committee reports aren’t binding on the government, it helps the legislature ensure oversight of the executive.

     

  • Principles of Natural Justice and Proportionality

    justice

    Central idea

    • The Supreme Court lifted a broadcasting ban on a Malayalam news channel ‘MediaOne’.
    • The court blasted the government for silencing voices in the media who “speak truth to power” by branding them as “anti-establishment”.

    A quick recap of the case

    • The Ministry of Information and Broadcasting (MIB) has earlier refused to renew broadcast license of a Malayalam news channel.
    • The Ministry of Home Affairs had declined to grant security clearance to the channel’s promoters citing alleged links between radical groups.
    • Hence the news agency approached Kerala High Court, which upheld the ban on February 9, 2022
    • The Supreme Court granted temporary relief and allowed it to resume operations.

    Supreme Court’s ruling

    • The Supreme Court set aside earlier ban orders and upheld the channel’s appeal on two procedural grounds, namely
    1. Principles of natural justice and
    2. Proportionality

    Articles invoked in the judgment

    • The Court stated that the burden shifts on the Centre to prove that the procedure followed was reasonable and in compliance with the requirements of Articles 14 and 21 of the Constitution.
    • The Court used the standard of proportionality to test the reasonableness of the procedure in the present case and assessed the validity of public interest immunity claims based on the “structured proportionality standard”.
    • The Court found that the reasons for denying security clearance to the channel were not legitimate purposes for the restriction of the right of freedom of speech protected under Article 19(1)(a) of the Constitution.

    Key concepts involved

    (1) Principles of natural justice

    • The principles of natural justice are a set of procedural rules that ensure fairness and justice in administrative and legal proceedings.
    • These principles are based on the fundamental idea that everyone is entitled to a fair hearing, and they are aimed at preventing arbitrary or biased decisions by decision-makers.
    • The SC bench allowed the challenge to the MHA order and judgment of the High Court on account of the principles of natural justice constitutionalized by its judgment in its 1978 ruling in “Maneka Gandhi vs Union of India”
    • Actions which violate procedural guarantees can be struck down even if non-compliance does not prejudice the outcome of the case.

    (2) Proportionality

    • The principle requires that the decision or action must be proportionate to the objective it seeks to achieve.
    • In other words, the means employed to achieve the objective must be no more than necessary to achieve it, and the harm caused by the decision or action must not be excessive in relation to the benefit gained.
    • The validity of the claim of involvement of national security considerations must be assessed on the test of whether there is material to conclude that the non-disclosure of information is in the interest of national security.
    • Courts can assess the validity of public interest immunity claims based on the “structured proportionality standard”, said the SC.
    • The SC observed that sealed cover proceedings infringe the principles natural justice and open justice.

    Conclusion

    • The Court’s ruling has been welcomed by media organizations and civil society groups as a victory for freedom of speech and expression
    • The Court observed that the duty to act fairly derived from common law is not exhaustively defined in a set of concrete principles, and the concept of natural justice “cannot be put into a ‘straitjacket formula’.
    • The ruling has been hailed as a victory for freedom of speech and expression, and a blow to attempts to stifle dissent and critical voices in the media.

  • SC asks govt. for data on Death by Hanging

    death

    The Supreme Court has asked the Centre to provide data which may point to a more dignified, less painful and socially acceptable method of executing prisoners other than death by hanging.

    Central idea

    • The Supreme Court is hearing a petition challenging the constitutionality of death by hanging as a mode of execution.
    • The petition argued that there is a need to evolve a “humane, quick and decent alternative” to hanging, which he termed as “cruel and barbarous” compared to lethal injection used in the United States.

    Quest for painless execution

    • Justice Narasimha noted that there was literature suggesting that “hanging is closest to painless”.
    • In 2018, the Centre filed an affidavit supporting death by hanging and stated that it had found the method of firing squads and lethal injections as “barbaric, inhuman and cruel”.
    • The government traced statistics of “botched-up” administration of lethal injections to condemned prisoners in the United States for 110 years to prove its point.

    Status of death penalty in India

    • Section 354 (5) of the Code of Criminal Procedure mandates that a person sentenced to death shall “be hanged by the neck till he is dead”.
    • In India, The Air Force Act, 1950, The Army Act 1950, and The Navy Act 1957 say that execution has to be carried out either by hanging by the neck until death or by being shot to death.

    Why in news now?

    • The court clarified that it was not questioning the constitutionality of the death penalty, which was well-settled in Deena versus Union of India judgment and the Bachan Singh case reported in 1980.
    • The government argued that the mode of execution is a “matter of legislative policy” and the death penalty is awarded only in the rarest of rare cases, with only three executions between 2012 and 2015.

    Debate over Death Penalty

    Arguments in favor:

    • Forfeiture of life: Supporters of the death penalty believe that those who commit murder, because they have taken the life of another, have forfeited their own right to life.
    • Moral indignation of the victim: It is a just form of retribution, expressing and reinforcing the moral indignation not only of the victim’s relatives but of law-abiding citizens in general.
    • Highest form of Justice: For heinous crimes such as the Nirbhaya Gangrape Case, no other punishment could have deterred the will of the convicts.
    • Deterrent against crime: Capital punishment is often justified with the argument that by executing convicted murderers, we will deter would-be murderers from killing people.
    • Proportional punishment: The guilty people deserve to be punished in proportion to the severity of their crime.
    • Prevailing lawlessness: The crimes we are now witnessing cannot be addressed by simple punishments. We are seeing horrific attacks on women, young girls, minority communities and Dalits etc.
    • Prevention of crime is non-existent: Despite of stringent regulations, it is certainly visible that some crimes can never be prevented in our society.

    Arguments against:

    • Eye for an eye: Reformative justice is more productive, that innocent people are often killed in the search for retribution, and that “an eye for an eye makes the whole world blind.
    • Deterrence is a myth: Death penalty is not a deterrent to capital crimes state that there is no evidence to support the claim that the penalty is a deterrent.
    • Political tool of suppression: The authorities in some countries, for example Iran and Sudan, use the death penalty to punish political opponents.
    • Reverence for life’ principle: Death penalty is an immoral punishment since humans should not kill other humans, no matter the reasons, because killing is killing.
    • Stigma against killing: With the introduction of lethal injection as execution method, medical professionals participate in executions. Many professionals have now refused to administer such deaths.
    • Skewed justice systems: In many cases recorded by Amnesty International, people were executed after being convicted in grossly unfair trials, on the basis of torture-tainted evidence and with inadequate legal representation.
    • Discriminatory nature: The weight of the death penalty is disproportionally carried by those with less advantaged socio-economic backgrounds or belonging to a racial, ethnic or religious minority.
    • Penalizing the innocents: The risk of executing the innocent precludes the use of the death penalty. Our colonial history has witnessed many such executions.

    Other issues with such executions

    (a) Socio-Economic Factors

    • The recent statistics shows that the death row prisoners in India are more from the backward classes of the society.
    • The death row prisoners belong to backward classes and religious minorities and the majority of convicts’ families are living in adjunct poverty.
    • These people who are backward both in economic and social respects, are not in a position to here expensive lawyers and get proper representation in the Court.

    (b) Delayed Execution

    • The law provides for a long process before the execution of the convicts actually takes place.
    • The unexplained delay in execution can be a ground for commutation of death penalty, and an inmate, his or her kin, or even a public-spirited citizen could file a writ petition seeking such commutation.
    • Their trials are often cruelly forced to endure long periods of uncertainty about their fate.

    Way forward: Law Commission recommendations on death penalty

    The Law Commission of India in its 262nd Report (August 2015) recommended that:

    • Death penalty be abolished for all crimes other than terrorism-related offences and waging war.
    • Measures such as police reforms, witness protection scheme and victim compensation scheme should be taken up expeditiously by the government.
    • It felt that time has come for India to move towards abolition of the death penalty. However the concern is often raised that abolition of death penalty for terrorism-related offences and waging war, will affect national security.

     

  • Decriminalization of Adultery and the Duty and Discipline

    Adultery

    Central Idea

    • The Supreme Court of India decriminalized adultery in 2018, but the Union of India sought clarification from the Court concerning its implementation in the armed forces. The court’s observations suggest that the armed forces may still discipline for adulterous acts under their special legislations. However, recent court cases show that an act must have some nexus with the discharge of duties to be considered misconduct, and private affairs cannot be subjected to moral policing under the Service Conduct Rules or Article 33 of the Constitution.

    What is mean by Adultery?

    • Adultery is a term used to describe a consensual sexual relationship between a married person and someone who is not their spouse.
    • It is generally considered to be a breach of marital fidelity and can have legal, social, and religious consequences.
    • In some societies and cultures, adultery is considered a crime or a sin, while in others it may not be explicitly prohibited but is still frowned upon or considered morally wrong.

    Adultery In the Indian context

    • Joseph Shine v. Union of India: Adultery was a criminal offense under Section 497 of the Indian Penal Code (IPC) until September 2018, when the Supreme Court of India decriminalized it in a landmark judgment in Joseph Shine v. Union of India.
    • Law applied to men only: Before the judgment, adultery was punishable by up to five years of imprisonment or a fine or both, and the law only applied to men who had sexual relations with someone’s wife without the husband’s consent.
    • Law did not consider women as an offender: The law did not consider a woman who had an affair with a married man as an offender or the husband as a victim.

    What is Article 33?

    • Fundamental rights of armed forces personnel can be curtailed by law for discipline: It empowers the Parliament to restrict or modify the fundamental rights of armed forces personnel, including members of the Army, Navy, and Air Force, to ensure the proper discharge of their duties and the maintenance of discipline among them. This means that the fundamental rights of armed forces personnel can be curtailed or modified by law to the extent that it does not hinder their duties or impact discipline.
    • Laws may be different from the general laws: The article gives special powers to Parliament to make laws that may not necessarily be in line with the fundamental rights guaranteed to Indian citizens under the Constitution. These laws may be different from the general laws applicable to Indian citizens, and their enforcement may be specific to the armed forces personnel.
    • Application: The article applies not only to the armed forces personnel but also to members of the police force and intelligence agencies involved in maintaining public order. However, the restrictions imposed on these personnel should be in line with the principles of the Constitution and not infringe on their right to privacy or other fundamental rights.

    Decriminalization of Adultery

    • Civil wrong: In 2018, The Joseph Shine judgment removed the criminalization of adultery and declared it a civil wrong that can be a ground for divorce.
    • State should not interfere in matters of personal relationship: The judgment recognized that the right to choose one’s partner and engage in consensual sexual relations is a fundamental right and that the state should not interfere in matters of personal relationships between consenting adults.
    • Violation of fundamental Rights: The provisions were found to be violative of Articles 14, 15, and 21 of the Constitution of India.

    Recent Court Cases

    • Rajasthan High Court: In Mahesh Chand Sharma versus State of Rajasthan and Others (2019).
    • The court set aside departmental proceedings against a police inspector who allegedly had illicit relations with a woman constable and had a child from illicit relations.
    • The court held that no employer could do moral policing on its employees beyond the domain of their public life.
    • Gujarat High Court: In Maheshbhai Bhurjibhai Damor versus State of Gujarat and 3 other(s) (2022).
    • The court quashed and set aside the dismissal order of an armed police constable arising from allegations that he had developed illicit relations with a widow.
    • The court held that allegations of misconduct must have some nexus with the duties to be performed by the government servant.
    • Private affairs cannot be subjected to moral policing under the Service Conduct Rules or Article 33 of the Constitution.

    Government’s argument

    • Sought clarification: The Union of India sought clarification from the Court on implementing the decriminalization of adultery in the armed forces.
    • Special legislations must govern: The Union of India argued that special legislations, such as the Army Act, Air Force Act, and Navy Act, should govern promiscuous or adulterous acts among members of the armed forces.

    Conclusion

    • The recent court cases show that the decriminalization of adultery does not inhibit the parameters of departmental proceedings or enlarge them. Private affairs cannot be subjected to moral policing under the Service Conduct Rules or Article 33 of the Constitution unless it has some nexus with their duties. The sacrosanct right to privacy available to the members of the armed forces cannot be taken away unless it interferes with the discharge of duties.

    Mains Question

    Q. What is mean by Adultery? The Supreme Court of India decriminalized adultery in 2018. Discuss the reasons for doing so?

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  • Role of Whip in Indian Polity

    whip

    Central idea: The article aims to demystify the concept of whip and provide clarity on its role and importance in the functioning of state assemblies and parliament in India.

    Who is a Whip?

    • A whip is an official of a political party whose task is to ensure party discipline in a legislature.
    • This means ensuring that members of the party vote according to the party platform, rather than according to their own individual ideology or the will of their donors or constituents.
    • Whips are the party’s “enforcers”.
    • They try to ensure that their fellow political party legislators attend voting sessions and vote according to their party’s official policy.
    • Members who vote against party policy may “lose the whip”, effectively expelling them from the party.

    Whips in India

    • In India, the concept of the whip was inherited from colonial British rule.
    • Every major political party appoints a whip who is responsible for the party’s discipline and behaviors on the floor of the house.
    • Usually, they direct the party members to stick to the party’s stand on certain issues and directs them to vote as per the direction of senior party members.

    What happens if a whip is disobeyed?

    • A legislator may face disqualification proceedings if she/he disobeys the whip of the party unless the number of lawmakers defying the whip is 2/3rds of the party’s strength in the house.
    • Disqualification is decided by the Speaker/Chairman of the house.

    Limitations of whip

    • There are some cases such as Presidential elections where whips cannot direct a Member of Parliament (MP) or Member of the Legislative Assembly (MLA) to vote in a particular fashion.

    Types of whips

    There are three types of whips or instructions issued by the party

    • One-line whip: One-line whip is issued to inform members of a party about a vote. It allows a member to abstain in case they decide not to follow the party line.
    • Two-line whip: Two-line whip is issued to direct the members to be present in the House at the time of voting.
    • Three-line whip: Three-line whip is issued to members directing them to vote as per the party line.

    Need for Whips

    • Collective decision-making: The need for a whip arises from the fact that political parties operate on the principle of collective decision-making.
    • Fulfill election promises: The whip ensures that the party’s agenda is advanced, and its promises to the electorate are fulfilled, which is essential for the functioning of a healthy democracy.
    • Maintain policy cohesiveness: This requires the party to work together as a cohesive unit and ensure that its members vote in a coordinated manner on important legislative matters.
    • Address differing opinions: There may be disagreements and differing opinions on certain matters, and this can lead to disunity and chaos within the party.
    • Ensure party discipline: To prevent such situations, political parties appoint whips who are responsible for ensuring party discipline and ensuring that all members vote in accordance with the party’s position.

    Conclusion

    • The whip’s role is therefore crucial in maintaining party discipline and facilitating the smooth functioning of legislative business.
    • Without a whip, it would be difficult for parties to ensure that their members vote in a coordinated manner, and this could lead to legislative gridlock and inefficiency.

     

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  • What is the ‘Right to be Forgotten’?

    forgotten

    A doctor has requested the Delhi High Court to enforce his ‘Right to Be Forgotten,’ which includes removing news articles and other content related to his “wrongful arrest.”

    What is the “Right to Be Forgotten” Law?

    • The “Right to Be Forgotten” law is a legal concept that allows individuals to request the removal of their personal information from the internet.
    • It is based on the idea that individuals have a right to privacy and control over their personal data.
    • The law has been implemented in various forms in different countries, including the European Union, Argentina, and South Korea.

    What are the origins of this Right?

    • The Right to be Forgotten was first established by the European Court of Justice in 2014 in the case of “Google Spain SL, Google Inc v Agencia Española de Protección de Datos, Mario Costeja González”.
    • The case was about a Spanish man who wanted to remove a 1998 advertisement about his home being repossessed.
    • The Right to be Forgotten was later included in the EU’s General Data Protection Regulation (GDPR), along with the right to erasure.
    • Article 17 of the GDPR outlines the right to erasure and provides certain conditions when the right can be restricted.

    How does it work?

    • The “Right to Be Forgotten” law allows individuals to request the removal of their personal information from search engine results, social media platforms, and other websites.
    • The request must be made to the data controller, who is responsible for managing the personal data.
    • The data controller then evaluates the request and decides whether to remove the information or not.
    • If the request is denied, the individual can appeal the decision to the relevant regulatory authority.

    Criticisms of the law

    • Critics argue that the law undermines freedom of expression and the public’s right to access information.
    • They also claim that the law is difficult to enforce and can lead to the censorship of legitimate information.
    • Others argue that the law is too narrow in scope and does not provide adequate protection for individuals’ privacy.

    Future of the law

    • The “Right to Be Forgotten” law is still a relatively new legal concept, and its future is uncertain.
    • It is likely that the law will continue to evolve as courts and regulators grapple with its complexities.
    • In the meantime, individuals should be aware of their rights and take steps to protect their personal data online.

    What is the law on the Right to be Forgotten?

    • Section 43A of the IT Act, 2000 says that organizations who possess sensitive personal data and fail to maintain appropriate security to safeguard such data, resulting in wrongful loss or wrongful gain to anyone, may be obligated to pay damages to the affected person.
    • IT Rules, 2021 do not include this right, they do however, lay down the procedure for filing complaints with the designated Grievance Officer so as to have content exposing personal information about a complainant removed from the internet.

    Judicial precursor to the issue

    • The Right to be Forgotten is not explicitly recognized by Indian law, but it has been considered part of an individual’s Right to Privacy under Article 21 by Indian courts since the 2017 ruling in “K.S.Puttaswamy vs Union of India“.
    • The court acknowledged that this right may be restricted by the right to freedom of expression and information or legal obligations.
    • In 2021, the Delhi High Court directed online platforms to remove publicly available records of a case against an American citizen under the Narcotics Drugs and Psychotropic Substances Act, 1985, who argued that it was affecting his employment prospects.

     

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  • Section 153A: its use and misuse

    153

    Central idea: A politician was recently arrested under Section 153A of IPC for the alleged use of objectionable words against the Prime Minister.

    Section 153A: What the law says

    • Section 153A of the Indian Penal Code (IPC) penalises “promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony”.
    • This is punishable with imprisonment up to three years, or with fine, or with both.
    • The provision was enacted in 1898 and was not in the original penal code.
    • At the time of the amendment, promoting class hatred was a part of the English law of sedition, but was not included in the Indian law.

    Charges laid for remarks against PM

    The FIR mentioned the use of Sections-

    • 153B(1) (Making imputations, assertions prejudicial to national integration);
    • 295A (Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs);
    • 500 (Defamation); and
    • 504 (Intentional insult with intent to provoke breach of the peace).

    Conviction rates under Section 153A

    • Data from the National Crime Records Bureau (NCRB) show that the rate of conviction for Section 153A is very low.
    • In 2020, 1,804 cases were registered, six times higher than the 323 cases in 2014.
    • However, the conviction rate in 2020 was 20.2%, suggesting that the process often becomes the punishment.

    Issues with the law

    • Hate speech laws have been invoked under regimes of all parties to crack down on criticism of public functionaries and to arrest individuals.
    • The invocation of Section 153A is often criticized for restricting free speech and misusing the legal processes for political purposes.

    Safeguards against misuse

    • Given that the provisions are worded broadly, there are safeguards against its misuse.
    • For example, Sections 153A and 153B require prior sanction from the government for initiating prosecution.
    • But this is required before the trial begins, and not at the stage of preliminary investigation.
    • To curb indiscriminate arrests, the Supreme Court laid down a set of guidelines in its 2014 ruling in Arnesh Kumar v State of Bihar.
    • As per the guidelines, for offenses that carry a sentence of fewer than seven years, the police cannot automatically arrest an accused before investigation.

     

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  • Russia officially ‘suspends’ New START Treaty

    Central idea: The article provides an overview of the New START treaty, which was signed by Russia and the United States in 2010. It highlights how the treaty limits the number of nuclear weapons that the two countries can possess and deploy.

    The New START, INF and the Open Skies …. Be clear about the differences of these treaties. For example- to check if their inception was during cold war era etc.

    New START Treaty

    • The New Strategic Arms Reduction Treaty (New START) pact limits the number of deployed nuclear warheads, missiles and bombers and is due to expire in 2021 unless renewed.
    • The treaty limits the US and Russia to a maximum of 1,550 deployed nuclear warheads and 700 deployed missiles and bombers, well below Cold War caps.
    • It was signed in 2010 by former US President Barack Obama and then-Russian President Dmitry Medvedev.
    • It is one of the key controls on the superpower deployment of nuclear weapons.

    Background of US-Russia Nuclear Relations

    • The US formally QUIT the Intermediate-Range Nuclear Forces (INF)
    • The agreement obliged the two countries to eliminate all ground-based missiles of ranges between 500 and 5,500 km.

    When did nuclear disarmament begin?

    • In 1985, the two countries entered into arms control negotiations on three tracks.
    • The first dealt with strategic weapons with ranges of over 5,500 km, leading to the START agreement in 1991.
    • It limited both sides to 1,600 strategic delivery vehicles and 6,000 warheads.
    • A second track dealt with intermediate-range missiles and this led to the INF Treaty in 1987.
    • A third track, Nuclear, and Space Talks was intended to address Soviet concerns regarding the U.S.’s Strategic Defence Initiative (SDI) but this did not yield any outcome.

    Success of INF

    • The INF Treaty was hailed as a great disarmament pact even though no nuclear warheads were dismantled.
    • As it is a bilateral agreement, it did not restrict other countries.
    • By 1991, the INF was implemented. USSR destroyed 1,846 and the US destroyed 846 Pershing and cruise missiles. 
    • Associated production facilities were also closed down.
    • INF Treaty was the first pact to include intensive verification measures, including on-site inspections.

    How has the nuclear behavior been?

    start

    • With the end of the Cold War and the break-up of the USSR in end-1991, former Soviet allies were joining NATO and becoming EU members.
    • The U.S. was investing in missile defense and conventional global precision strike capabilities to expand its technological lead.
    • In 2001, the U.S. announced its unilateral withdrawal from the 1972 Anti-Ballistic Missile Treaty (ABM Treaty).
    • The US also blamed Russia for not complying with the ‘zero-yield’ standard imposed by the Comprehensive Test Ban Treaty (CTBT). This may indicate the beginning of a new nuclear arms race.

    Implications of the New Start

    • The 2011 New START lapsed in 2021. It may meet the fate of the INF Treaty.
    • The 2018 NPR envisaged the development of new nuclear weapons, including low-yield weapons.
    • China is preparing to operate its test site year-round with its goals for its nuclear force.
    • CTBT requires ratification by U.S., China, and Iran, Israel and Egypt and adherence by India, Pakistan and North Korea. It is unlikely to ever enter into force.

    Conclusion

    • A new nuclear arms race could just be the beginning. It may be more complicated because of multiple countries being involved.
    • Technological changes are bringing cyber and space domains into contention. It raises the risks of escalation.

     

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