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  • [12th August 2024] The Hindu Op-ed: Parties, serious crimes and the need for judicial clarity

    [12th August 2024] The Hindu Op-ed: Parties, serious crimes and the need for judicial clarity

    PYQ Relevance:Mains: 

    Q) Money laundering poses a serious security threat to a country’s economic sovereignty. What is its significance for India and what steps are required to be taken to control this menace? (2013)

    Q) Discuss how emerging technologies and globalisation contribute to money laundering. Elaborate measures to tackle the problem of money laundering both at national and international levels. (2021)

    Note4Students: 

    Mains: Issues related to Section 70 of the PMLA;

    Mentor comments: Two recent Supreme Court observations in the bail petitions of Delhi CM Arvind Kejriwal and ex-Deputy CM Manish Sisodia highlight significant legal issues. Justice Sanjiv Khanna’s Bench questioned the role of the Aam Aadmi Party (AAP) in a PMLA case involving its leaders, asking if the party itself could be made an accused. This led the Enforcement Directorate to include AAP as an accused in Mr. Kejriwal’s case, marking the first time a political party is implicated under PMLA. This raises serious concerns given the pivotal role of parties in a parliamentary democracy.

    Let’s learn! 

    —

    Why in the News?

    Two Supreme Court Benches questioned the role of political parties under the PMLA, leading to AAP being accused, which raises important constitutional issues.

    About PMLA: 

    The Prevention of Money Laundering Act, 2002 (PMLA) is a significant piece of legislation in India aimed at combating money laundering and related financial crimes. 

    Objectives:
    1. The PMLA is designed to prevent the process of money laundering, which involves concealing the origins of illegally obtained money.
    2. The Act provides for the confiscation of properties derived from or involved in money laundering activities.It establishes mechanisms for the detection and investigation of money laundering offenses.

    Issues related to Section 70 of the PMLA:

    • Application of Section 70 of PMLA to Political Parties: The legal question arises whether political parties can be categorized under the definition of “company” or “association of individuals” as per Section 70 of the PMLA. The law typically applies to bodies corporate or firms, which are transactional entities, unlike political parties.
    • Distinction in Definitions: Section 29A of the Representation of the People Act (RPA), 1951, defines a political party as an association of citizens that calls itself a political party. This specific designation creates a legal distinction between general associations of individuals and political parties, it means political parties may not be intended to fall under the scope of Section 70 of the PMLA.
    • Ejusdem Generis Interpretation: The legal principle of ejusdem generis suggests that “association of individuals” under Section 70 should be interpreted as entities similar to bodies corporate or firms. Since political parties are not engaged in business or transactional activities like these entities, their inclusion under Section 70 is legally questionable.

    Issues related to Policy and criminality

    • Cabinet Decision-Making and Accountability: The cabinet, as the highest decision-making body in a parliamentary democracy, is collectively responsible for policy decisions. The judiciary typically does not examine the motives or correctness of cabinet policies, focusing instead on the process and legality. Charging individual ministers with criminality for collective cabinet decisions undermines the collective principle.
    • Ivor Jennings’ View on Cabinet Role: Constitutional authority Ivor Jennings describes the cabinet as the “directing body of national policy,” emphasizing that it is accountable to the legislature and ultimately to the people, who can disapprove of policies through democratic processes.
    • Policy vs. Criminality in Judicial Interpretation: The observation by the Bench in Mr. Sisodia’s case highlights the difficulty in drawing a line between policy decisions and criminal actions. Criminal charges against individual ministers for decisions made by the cabinet may disrupt the functioning of the cabinet and are legally unsustainable in a parliamentary democracy.

    Way forward: 

    • Clarification through Legislative Amendment: To address the ambiguity surrounding the applicability of Section 70 of the PMLA to political parties, the legislature could consider amending the PMLA to explicitly clarify whether political parties fall under the definition of “association of individuals.” This would provide legal certainty and prevent potential misuse or misinterpretation of the law.
    • Judicial Guidelines on Policy and Criminality: The judiciary could establish clear guidelines on the distinction between policy decisions made by the cabinet and criminal actions taken by individual ministers. These guidelines would help ensure that the cabinet’s collective responsibility is preserved while allowing for accountability in cases of individual misconduct that fall outside the scope of legitimate policy-making.

  • No population Census — in the dark without vital data 

    Why in the News?

    Despite growing concerns, India’s decadal Census has been delayed by over three years. In fact, there is an overwhelming misconception among officials about substituting the Census with alternative ways and means of counting the population.

    Significance of Calculating Census

    • Comprehensive Population Data: The Census provides a detailed population count, which includes locational, familial, and individual information.
      • For instance, the Census can reveal insights into population density, age distribution, educational attainment, and employment status.
    • Foundation for Surveys and Indicators: The Census acts as a foundational frame for large-scale surveys like the National Family Health Survey (NFHS) and Periodic Labour Force Survey (PLFS). 
    • Support for SDG Monitoring: In the context of Sustainable Development Goals (SDGs), Census data is crucial for generating accurate indicators, particularly those requiring disaggregated data below the sub-national level.
      • For instance, to monitor progress on goals related to poverty reduction, gender equality, and health, precise demographic data is necessary to identify disparities and target interventions effectively.
    • Demographic Transition Insights: The Census is vital for capturing changes in population composition, familial structures, and occupational distribution, especially during periods of rapid demographic transition.
    • Global Implications: Given India’s significant influence on global population trends, accurate Census data is crucial for global demographic studies and projections.
      • For example Global Health Security Index and Multidimensional Poverty Indices.

    Changes to understand before taking Census Count

    • Population Dynamics: Since the last Census, significant changes in population count and composition must be understood, including shifts due to migration, fertility, and mortality rates.
      • For example: In India, the average annual growth rate of the population has slowed from 2.2% in 1971 to 1.1% in 2021, with projections indicating further declines to 0.58% by 2036.
    • Impact of COVID-19: The pandemic has had a profound impact on health, employment, and livelihoods, which need to be accurately captured in the Census.
      • For example, The Indian government reported over 500,000 COVID-19 related deaths, which have affected overall mortality statistics and health indicators.
    • Socio-economic Transformations: Changes in education, occupation, and employment patterns over the last decade are crucial to understanding current societal trends.
      • For example, The literacy rate in India has improved significantly, rising from 64.8% in 2001 to 77.7% in 2011, with further increases expected.
    • Infrastructure and Development Changes: The transformation in physical and digital infrastructure, as well as regional development patterns, must be considered to accurately reflect the current state of the nation.
      • For example, the COVID-19 pandemic accelerated the adoption of digital technologies, with a reported increase in internet users from 560 million in 2019 to over 800 million in 2022. This digital transformation has reshaped how people work and access services.

    Demand for Caste Census in India

    • Political Motivations: The demand for a caste Census is largely driven by political interests, aiming to establish differential entitlements based on perceived representation and deprivation.
      • For instance, leaders from the Indian National Developmental Inclusive Alliance (INDIA) have emphasized the need for a caste Census
    • Historical Context: Caste auditing was part of earlier Census exercises but was discontinued for specific reasons.
      • For example, Caste auditing was part of earlier Census exercises, with the British-era Censuses from 1881 to 1931 enumerating all castes. However, after independence, the Government of India decided not to enumerate castes in the 1951 Census, except for Scheduled Castes (SC) and Scheduled Tribes (ST).
    • Assessment of Mobility: There is a lack of systematic assessment of social mobility in education and occupation across caste lines, despite decades of affirmative action. A caste Census could potentially address this gap but is viewed with skepticism.
      • For instance, while reservations exist for OBCs and SCs, the actual impact on social mobility remains unclear due to insufficient data.

    Way forward: 

    1. Incorporation of Caste Data: Need to amend the Census Act of 1948 to mandate the enumeration of caste data alongside other demographic information. This would provide a legal framework for collecting comprehensive caste-wise data.
    2. Independent Studies and Pilot Surveys: The government should conduct independent studies at district and state levels to gather data on castes and sub-castes.

    Mains PYQ: 

    Q Has caste lost its relevance in understanding the multi-cultural Indian Society? Elaborate your answer with illustrations. (2020)

  • [pib] Winners at Olympics, 2024

    Why in the News?

    India has won a total of 6 medals at the 33rd Summer Olympic Games in Paris, with 5 bronze medals and 1 silver medal.

    Full List of Medal Winners

    Game Medal Details
    Manu Bhaker 10m Air Pistol Women’s Bronze Secured a bronze medal with a score of 221.7 after 22 attempts.

     
    Manu Bhaker, Sarabjot Singh 10m Air Pistol Mixed Team Bronze It was a team event.

    Manu now is the first Indian woman to win two medals in a single Summer Games.
    Swapnil Kusale 50m Rifle 3 Position Bronze First-ever Indian medal in this event.
    Men’s Hockey Team  Hockey Bronze Defeated Spain by 2-1 in the third-place playoff, with skipper Harmanpreet Singh scoring both goals.
    Neeraj Chopra Men’s Javelin Throw Silver Secured medal with a distance of 89.45m.

    Became first Indian to win two Olympic medals in track-and-field.
    Aman Sehrawat Men’s Wrestling Freestyle 57kg Bronze Men’s Freestyle 57kg category by defeating Darian Toi Cruz of Puerto Rico 13-5.

     

    PYQ:

    [2021] Consider the following statements in respect of the Laureus World Sports Award which was instituted in the year 2000 :​

    1. American golfer Tiger Woods was the first winner of this award.​

    2. The award was received mostly by ‘Formula One’ players so far.​

    3. Roger Federer received this award maximum number of times compared to others.​

    Which of the above statements are correct?​

    (a) 1 and 2 only ​

    (b) 2 and 3 only​

    (c) 1 and 3 only ​

    (d) 1, 2 and 3 other​

  • Opposition to move No-Confidence Motion against VP

    Why in the News?

    As many as 50 Opposition MPs have reportedly signed a resolution to bring a no-confidence motion against Vice-President (Rajya Sabha Chairman) Jagdeep Dhankhar.

    No-Confidence Motion against Vice President of India

    Details
    Provision Article 67(b) of the Indian Constitution
    Who Can Initiate Can only be introduced in the Rajya Sabha, not the Lok Sabha.
    Notice Requirement At least 14 days’ advance notice must be given before moving the resolution.
    Voting in Rajya Sabha Requires an effective majority (majority of all members present and voting) in the Rajya Sabha.
    Voting in Lok Sabha Requires a simple majority (more than 50% of members present and voting) in the Lok Sabha.
    Grounds for Removal Constitution does not specify any grounds or justifications for the removal of the Vice President.
    Temporary Vacancy If the Vice President is removed -> Deputy Chairman of the Rajya Sabha assumes the role of Chairman.
    Historical Context No Vice President has ever been removed under this Article in Indian parliamentary history.

     

    PYQ:

    [2013] Consider the following statements:

    1. The Chairman and the Deputy Chairman of the Rajya Sabha are not the members of that House.

    2. While the nominated members of the two Houses of the Parliament have no voting right in the

    Presidential election, they have the right to vote in the election of the Vice President.

    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

  • Opposition moves Privilege Motion against Education Minister

    Why in the News?

    • The opposition has submitted a notice in the Rajya Sabha to initiate privilege proceedings against Union Education Minister.
      • It is alleged that the Minister ‘misled’ the House regarding the issue of the Preamble to the Constitution being ‘dropped’ from certain NCERT textbooks.

    What is a Privilege Motion?

    Details
    What is it?
    • A formal notice by an MP when rights or privileges of Parliament or its members are breached.
    • Parliamentary privilege refers to the right and immunity enjoyed by legislatures (Article 105).
    Who can move such motion? Any Member of Parliament (MP) from Lok Sabha or Rajya Sabha.
    Governing Rules
    • Lok Sabha Rule book: Rule 222, Chapter 20
    • Rajya Sabha Rule book: Rule 187, Chapter 16
    Procedure
    • Requires consent from Speaker/Chairperson;
    • Notice must concern a recent incident needing House intervention.
    Role of Speaker/Chairperson
    • First level of scrutiny;
    • Can decide on the motion or refer it to the Privileges Committee.
    Privileges Committee
    • Lok Sabha: 15 members, nominated by Speaker
    • Rajya Sabha: 10 members, headed by Deputy Chairperson
    Outcome
    • Committee submits a report;
    • House may debate and pass a resolution based on the report.
    Historical Example 1978: Privilege motion against Indira Gandhi, leading to her expulsion from the Lok Sabha.
    Legal Implications
    • If a breach of privilege is established, the Parliament has the authority to impose penalties. 
    • These can range from a reprimand to expulsion from the House, depending on the severity of the breach.

     

    PYQ:

    [2014] Consider the following statements regarding a No-Confidence Motion in India:

    1. There is no mention of a No-Confidence Motion in the Constitution of India.

    2. A Motion of No-Confidence can be introduced in the Lok Sabha only.

    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

  • Vinesh Phogat’s Olympics disqualification     

    Why in the News?

    Wrestler Vinesh Phogat was disqualified from the Paris Olympics after the official weigh-in on Wednesday morning, before her scheduled gold medal bout in the evening, leaving her without a medal.

    What is Weight Cutting?

    • Weight cutting is the process by which athletes systematically reduce their body weight before a competition. This typically involves a combination of dietary restrictions and intensive physical activity aimed at shedding a specific amount of weight, often over a period of weeks leading up to the event.
    • Wrestlers often employ extreme measures such as skipping meals, limiting water intake, and engaging in intense exercise, including sauna sessions and wearing heavy clothing to promote sweating. This can lead to rapid weight loss primarily through fluid loss.

    Why Do Combat Athletes Cut Weight?

    • Combat sports like wrestling, boxing, and mixed martial arts (MMA) are organized by weight classes to ensure fair competition. Athletes aim to compete in lower weight classes to gain a size and strength advantage over their opponents, as they can often regain weight after the weigh-in.
    • By cutting weight, athletes believe they can compete against opponents who are lighter and potentially less strong, thus increasing their chances of success in the competition.

    Should Weight Cutting Be Banned?

    • The practice of weight cutting poses significant health risks, including dehydration, electrolyte imbalances, and energy depletion, which can impair performance and lead to serious medical issues. Athletes may experience severe fatigue and reduced physical capabilities after extreme weight cuts.
    • There is an ongoing debate about whether weight cutting should be banned or regulated more strictly. Critics argue that the health risks outweigh the competitive advantages, while supporters maintain that it is a part of the sport’s culture and can be managed safely with proper guidance.
    • Some suggest that instead of banning weight cutting, sports organizations should implement better regulations and educate athletes about safe practices for weight management, including gradual weight loss and hydration strategies.

    Way forward: 

    • Implement Hydration Testing: Regular hydration tests can prevent severe dehydration, ensuring athletes remain within safe hydration levels.
    • Weight Class Monitoring: Monitor athletes’ weight throughout the training period to discourage rapid weight loss just before competition.
    • Set Minimum Weight Limits: Establish minimum weight thresholds based on athletes’ natural body weight to prevent extreme weight cuts.

    Mains PYQ:

    Q An athlete participates in the Olympics for personal triumph and the nation’s glory; victors are showered with cash incentives by various agencies, on their return. Discuss the merit of state-sponsored talent hunt and its cultivation as against the rationale of a reward mechanism as encouragement. (UPSC IAS/2014)

  • Why Himalayan towns need a different kind of development    

    Why in the News?

    The Teesta dam breach and Himachal floods highlight the urgent need to evaluate development projects based on their environmental impact, especially in fragile mountain regions.

    What are the underlying issues in the cities of IHR? 

    1. Inadequate Planning Models: Planning institutions in the IHR often use models from the plains, which are ill-suited to the region’s unique conditions, leading to ineffective implementation and failures.
    2. Human Resource Deficit: City governments in the IHR face a severe shortage of human resources, with staffing levels falling short by nearly 75%, hampering effective urban management.
    3. Uncontrolled Urban Expansion: Cities are expanding into village peripheries, encroaching on common lands and natural resources, as seen in Srinagar, where built-up areas increased by 75.58% from 2000 to 2020, while water bodies shrank by 25%.
    4. Environmental Strain: Urbanization, high-intensity tourism, and unsustainable infrastructure development are exacerbating environmental pressures in the IHR, further worsened by changing precipitation patterns and rising temperatures.
    5. Financial Constraints: The IHR cities lack the capacity to generate capital for infrastructure needs, highlighting the need for the Finance Commission to address urban financing in this region, given the high costs and absence of industrial corridors.

    What can be done?

    1. Every town needs to be mapped, with layers identifying vulnerabilities from geological and hydrological perspectives. The planning process should involve locals and follow a bottom-up approach.
    2. Consultant-driven urban planning processes should be shelved for Himalayan towns, with the urban design based on climate resilience.
    3. Current intergovernmental transfers from the centre to urban local bodies constitute a mere 0.5% of GDP. This should be increased to at least 1% of GDP.
    4. Himalayan towns must engage in wider conversations about sustainability, with the focus on urban futures being through robust, eco-centric planning processes involving public participation.

    Case Study 

    Nainital: Integrated Development Plan

    1. Nainital district in Uttarakhand implemented an Integrated Development Plan that aimed to balance urban growth with environmental conservation.
    2. The plan involved mapping vulnerable areas, restricting construction in ecologically sensitive zones, and promoting sustainable tourism practices.
    3. Community participation and awareness programs were also part of the initiative to ensure long-term sustainability.

    Dharamshala: Green Building Norms

    1. The Dharamshala Municipal Corporation in Himachal Pradesh has adopted green building norms for new constructions, focusing on energy efficiency, water conservation, and waste management.
    2. The city has also invested in public transportation and pedestrian-friendly infrastructure to reduce vehicular emissions and promote sustainable mobility

    Mains PYQ:

    Q How can the mountain ecosystem be restored from the negative impact of development initiatives and tourism?  (UPSC IAS/2019)

  • [8th August 2024] The Hindu Op-ed:  The leader who lost touch with Bangladesh

    [8th August 2024] The Hindu Op-ed:  The leader who lost touch with Bangladesh

    PYQ Relevance:

    Q. The protests in Shahbag Square in Dhaka in Bangladesh reveal a fundamental split in society between the nationalists and Islamic forces. What is its significance for India? (UPSC IAS/2013)

    Q. Critically examine the compulsions which prompted India to play a decisive roles in the emergence of Bangladesh. (UPSC IAS/2013)

    Mentors’ comment: The political crisis in Bangladesh escalated dramatically following Prime Minister Sheikh Hasina’s resignation amid widespread protests against a controversial government job quota system. The unrest has led to significant violence, particularly against Hindu minorities, with reports of targeted attacks and rising casualties. The military has since established an interim government, raising concerns over regional stability and India’s strategic interests. The crisis threatens to disrupt bilateral trade, which reached $13 billion in FY 2023-24, and could impact ongoing infrastructure projects vital for connectivity between India and Bangladesh.

    Let’s learn!

    __

    Why in the news?

    Bangladesh is engulfed in chaos following Prime Minister Sheikh Hasina’s abrupt resignation amid escalating student protests over job quotas.

    Why Hasina’s fall was not a surprise?

    • Long-standing Discontent: Widespread protests against Sheikh Hasina’s government had been brewing over issues like a controversial quota system for government jobs, indicating significant public discontent.
    • Authoritarian Drift: Hasina’s government has been accused of suppressing opposition and civil society through measures like the Digital Security Act, which has been used to arrest critics and journalists.
    • Historical Context: Since gaining independence in 1971, Bangladesh has experienced several military coups, political assassinations, and periods of military rule, including the killing of Hasina’s father, Mujibur Rahman, in 1975.

    Impact on India-Bangladesh relations: 

    • Loss of a Trusted Ally
      • Hasina’s leadership enabled India to work closely with Bangladesh on security matters, countering terrorism and strengthening bilateral ties. Her resignation jeopardises India-Bangladesh’s relationship as political dynamics shift in Bangladesh.
    • Disruption of Trade and Economic Ties
      • India-Bangladesh bilateral trade reached $13 billion in FY 2023-24, making Bangladesh India’s largest trade partner in South Asia. Hasina’s exit could disrupt these gains, affecting the movement of goods and people.
      • Discussions for a potential India-Bangladesh Free Trade Agreement (FTA) initiated in October 2023 aimed to boost trade. However, the future of these talks remains uncertain with the interim government in place.
      • India had a $9.2 billion trade surplus with Bangladesh in FY24. The ongoing unrest has already caused issues like internet disruptions affecting banking and issuing letters of credit, concerning exporters.
    • Uncertainty over Infrastructure Projects
      • India has extended $8 billion in credit since 2016 for developing Bangladesh’s road, rail, shipping and port infrastructure. Projects like the Akhaura-Agartala rail link and Khulna-Mongla Port rail line, inaugurated in 2023, could face disruption.
      • A breakdown in ties could restrict India’s access to the Northeast, currently connected through narrow land corridors. 
      • Existing bus routes and port usage agreements also face potential risks.

    Way forward: 

    • Engagement with All Political Factions: India must proactively engage with a broader spectrum of Bangladeshi political parties, including the opposition parties like the Bangladesh National Party (BNP) and Jamaat-e-Islami (JI). 
    • Strengthening Economic Ties and Infrastructure Projects: India should prioritize the continuity of trade and infrastructure projects established under Hasina’s government. This includes reaffirming commitments to the $8 billion credit extended for infrastructure development and ensuring that transit arrangements remain intact.  

  • Court shifts the tide on stray dog policy  

    Why in the news?

    The Supreme Court ended the 15-year-old (Animal Welfare Board of India & Anr Versus People for Elimination of Stray Troubles & Ors) AWBI vs. PEST case on July 12, after the final hearing on May 9, sparking mixed reactions.

    The Prevention of Cruelty to Animals (PCA) Act, 1960, and the Animal Birth Control (ABC) Rules are:

    • The PCA Act, 1960 was enacted by the Parliament of India to prevent the infliction of unnecessary pain or suffering on animals and to amend the laws relating to the prevention of cruelty to animals.
      • The PCA Act, 1960 and ABC Rules, 2001 prohibit the killing of stray dogs and mandate sterilization as the only scientific and humane method of controlling stray dog populations.
      • The new ABC Rules, 2023 notified under the PCA Act, 1960 also prohibit wanton killing of stray dogs by municipalities and require them to follow sterilization.
    • The Act defines “animal” as any living creature other than a human being. It establishes the Animal Welfare Board of India to promote animal welfare.
    • Chapter III of the Act lists different forms of cruelty to animals that are banned, including those related to work animals, captivity, ownership, abuse, mutilation or killing.
    • Chapter IV deals with experiments on animals. While it does not make experiments unlawful for the advancement of knowledge, it allows the Board to advise the government to create a committee to control and supervise such experiments.
    • Chapter V outlines restrictions, procedures and offences related to performing animals. The Central Government can prohibit any animal from exhibition or training through notification.

    Note: In 2022, the Ministry of Fisheries, Animal Husbandry and Dairying submitted a draft Prevention of Cruelty to Animals (Amendment) Bill 2022 for public comment. The draft includes 61 amendments to further clarify the law and make punishments more stringent.

    The Supreme Court stated that the Central law (PCA Act 1960 and ABC Rules, 2023) which prohibits killing of stray dogs by local authorities remains the governing law of the land.

    What the Supreme Court said on the ‘Duty of every Citizen’:

    • The Supreme Court capped off the judgment with the lines: “Compassion to all living beings, is the enshrined Constitutional value and mandate, and cast obligation on the authorities to maintain.”
      • This refers to Article 51A(g) of the Constitution of India which states: “It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers, and wildlife and to have compassion for living creatures.”
    • The court emphasized that Citizens should avoid unscientific and cruel methods like killing stray dogs and instead choose the scientific and humane method of sterilization.

    Issues due to stray dogs in India: 

    • Population: India has an estimated 60 million stray dogs, making it the country with the highest number of stray dogs globally.
    • Rabies Incidence: India accounts for 36% of global rabies deaths and 65% of rabies deaths in the South-East Asia region.
      • Between 2012 and 2022, the National Rabies Control Program reported 6,644 clinically suspected cases of rabies in humans.
    • Dog Bite Cases: Reports indicate that major cities have seen alarming numbers of dog bite incidents. For example, Delhi’s Safdarjung Hospital and Ram Manohar Lohia Hospital recorded nearly 48,000 dog bite cases in just six months. In Kerala alone, there were over 1.9 lakh dog bite cases last year, with 21 deaths attributed to rabies.

    Way forward:

    • Enhanced Public Awareness and Education: Need to implement nationwide campaigns to educate the public on responsible pet ownership, the importance of sterilization, and the humane treatment of stray dogs.
    • Strengthening Enforcement of Existing Laws: Need to ensure that municipalities and local authorities are adequately trained and funded to implement the ABC Rules effectively.

  • Supreme Court to review PMLA verdict     

    Why in the news?

    The Supreme Court has postponed its review of the decision to uphold key provisions of the Prevention of Money Laundering Act, 2002 (PMLA) to August 28.

    Prevention of Money Laundering Act, 2002 (PMLA)

    • The Prevention of Money Laundering Act, 2002 (PMLA) is a crucial legislative framework in India aimed at combating money laundering and related financial crimes.
    • The PMLA was enacted by the Parliament of India and came into force on July 1, 2005. It was introduced to prevent money laundering and provide for the confiscation of property derived from or involved in money laundering.
    • The main objectives of the PMLA are:
      • To prevent and control money laundering.
      • To confiscate and seize property obtained from laundered money.
      • To address issues connected with money laundering in India.

    What is the Case?

    •  On July 27, 2022, the Supreme Court upheld key provisions of the Prevention of Money Laundering Act, 2002 (PMLA) in the case of “Vijay Madanlal Choudhary v. Union of India”.
      • The 540-page ruling accepted the government’s arguments on all challenged aspects, including reversing the presumption of innocence for bail, passing amendments as a Money Bill, and defining the Enforcement Directorate’s (ED) powers.
    • On August 25, 2022, a different three-judge bench agreed to hear a review petition filed by Congress MP Karti Chidambaram. The petition raised concerns about at least two issues from the Madanlal decision.

    What are the Grounds for Review?

    • The Supreme Court’s verdict in Madanlal upheld stringent bail conditions for economic offences, imposing a reverse burden of proof on the accused.
    • Petitioners argue that, without essential documents like an FIR, charge sheet, case diary, and prosecution documents, an accused cannot adequately present their case.
    • The Madanlal verdict upheld Section 50 of the PMLA, allowing ED officials to record statements under oath, admissible in court. It distinguished ED officers from police officers, classifying their investigations as “inquiries.” Petitioners argue that the verdict overlooked provisions granting penal powers to the ED.

    How is a Judgment Reviewed?

    • The Supreme Court can review its judgments or orders under Article 137 of the Constitution.
    • A review petition must be filed within 30 days of the judgment. Typically, review petitions are heard through written submissions (“circulation”) by the same judges who passed the original verdict, rather than in open court.
    • Reviews are granted on narrow grounds to correct grave errors causing a miscarriage of justice. One common ground is “a mistake apparent on the face of the record,” which must be glaring and obvious, such as reliance on invalid case law.

    Way forward: 

    • Enhanced Transparency and Documentation: To address concerns about the adequacy of case presentation by the accused, there should be a mandate for providing all essential documents such as FIRs, charge sheets, case diaries, and prosecution documents to ensure a fair trial process.
    • Clarification of ED’s Powers and Procedures: Amendments to the PMLA should clearly define the scope and limits of the Enforcement Directorate’s powers, ensuring that ED officers are given appropriate procedural guidelines and oversight mechanisms to prevent misuse of penal powers and uphold due process.