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  • Eknath Shinde, the ‘real’ Shiv Sena and a new Maharashtra model

    Anti Defection Law - Civilsdaily

    Central Idea:

    The article criticizes the Speaker of the Maharashtra Legislative Assembly, Rahul Narwekar, for his decision to recognize Chief Minister Eknath Shinde, who left the Uddhav Thackeray-led Shiv Sena group, as the legitimate leader of the party. The author argues that the Speaker’s decision, influenced by political affiliations, undermines legislative procedures and regulations, creating legal inconsistencies and setting a concerning precedent for future political maneuvering.

    Key Highlights:

    • Speaker Narwekar’s decision favors Chief Minister Shinde, who defected from the Uddhav Thackeray-led group, causing a split in the Shiv Sena.
    • The article points out three major flaws in the Speaker’s decision, including the misinterpretation of majority support, violation of Supreme Court guidelines on the appointment of a whip, and contradictory handling of the Thackeray camp’s violation of the whip.
    • The Speaker’s political affiliation with the BJP raises concerns about impartiality and adherence to constitutional principles.

    Key Challenges:

    • The Speaker’s decision raises questions about the integrity of legislative procedures and the potential influence of political considerations on constitutional matters.
    • Legal inconsistencies, including the misinterpretation of majority support and the violation of Supreme Court guidelines, create challenges for maintaining the rule of law.
    • The article suggests that the decision might lead to prolonged legal battles and sets a precedent for party splits orchestrated by external political forces.

    Key Terms:

    • Defection: The act of switching allegiance from one political party to another.
    • Whip: An official in a political party responsible for ensuring party members vote in line with party decisions.
    • Constitutional Morality: Adherence to ethical and constitutional principles in decision-making.

    Key Phrases:

    • “Recognition of the split as a textbook example of disregard for legislative procedure.”
    • “Craters, not holes, in the Speaker’s order.”
    • “Political heavyweights absent during the crucial decision.”

    Key Quotes:

    • “To hold that it is the legislature party which appoints the whip would be to sever the figurative umbilical cord…”
    • “The Speaker’s decision is bound to trigger yet another legal battle.”
    • “The BJP has perfected the art of engineering defections.”

    Key Statements:

    • “Speaker Narwekar’s decision may be seen as a mockery of the Constitution.”
    • “The Speaker’s affiliation with the BJP adds to suspicions of bias.”
    • “Legal inconsistencies and violations of Supreme Court guidelines are evident in the decision.”

    Key Examples and References:

    • Chief Minister Shinde’s defection from Shiv Sena and the subsequent split.
    • The Speaker’s acceptance of a new whip in violation of Supreme Court guidelines.
    • The contradiction in handling the Thackeray camp’s violation of the whip.

    Key Facts and Data:

    • Speaker Rahul Narwekar is a member of the BJP.
    • Chief Minister Shinde initially had 16 out of 55 MLAs when he left Shiv Sena.
    • The BJP’s success in engineering defections in Maharashtra is highlighted as a concerning trend.

    Critical Analysis: The article criticizes the Speaker’s decision for favoring the ruling party, creating legal loopholes, and potentially setting a precedent for orchestrated party splits. It emphasizes the need for judicial intervention to uphold constitutional morality and address the flaws in the decision.

    Way Forward:

    • The judiciary should play a proactive role in addressing the legal inconsistencies and potential violations of constitutional principles.
    • Political leaders and legislative bodies should prioritize the adherence to established procedures and guidelines.
    • Public awareness and scrutiny can contribute to holding political figures accountable for decisions that may undermine democratic values.

    In conclusion, the article highlights the importance of upholding constitutional principles in the face of political maneuvering, urging judicial intervention and public vigilance to safeguard the integrity of legislative processes.

  • Are antibiotics over-prescribed in India?

    Current accounts of antimicrobial resistance: stabilisation, individualisation and antibiotics as infrastructure | Humanities and Social Sciences Communications

    Central Idea:

    The National Centre for Disease Control (NCDC) conducted a study revealing that over half of the surveyed hospital patients in India were given antibiotics preventively rather than for treatment. This overuse of antibiotics poses a significant risk as India already faces a high burden of drug-resistant pathogens, contributing to antimicrobial resistance (AMR). Experts Sumit Ray and Abdul Ghafur discuss the causes, consequences, and potential solutions to this issue, emphasizing the need for judicious antibiotic use and addressing systemic challenges.

    Key Highlights:

    • Antimicrobial Resistance (AMR): AMR refers to microorganisms becoming resistant to antibiotics. India is grappling with high levels of drug-resistant bacteria, impacting patient outcomes negatively.
    • Factors Leading to AMR: Inappropriate antibiotic use, lack of rapid diagnostics, insufficient training, inadequate monitoring, and pharmaceutical industry incentives contribute to the rise of AMR.
    • NCDC Survey Findings: The survey showed that 55% of patients received antibiotics as a preventive measure, indicating a potential over-prescription issue.
    • Root Causes of Over-Prescription: Overcrowded hospitals, limited access to rapid diagnostics, and economic factors drive doctors to opt for antibiotics as a quicker and cheaper alternative.
    • Immediate Threat: The immediate danger is evident in the survey’s findings, with a significant percentage of patients exhibiting resistance to various generations of antibiotics, leading to poor health outcomes.
    • AMR as a Complex Challenge: AMR is not solely a medical issue but a complex challenge involving socio-economic, political, and infrastructural factors.

    Key Challenges:

    • Over-Prescription: Doctors tend to prescribe antibiotics unnecessarily due to factors like overcrowded hospitals, limited time for examinations, and inadequate diagnostic facilities.
    • Lack of Rapid Diagnostics: The absence of quick and affordable diagnostic tools contributes to the inappropriate use of antibiotics.
    • Systemic Issues: Weak governance, inadequate sanitation, poverty, and limited access to clean water are interconnected factors contributing to AMR.
    • Implementation Gap: Existing guidelines for antibiotic use exist, but there is a gap in their implementation, leading to over-prescription.
    • Incentivization in Pharma Industry: The pharmaceutical industry’s encouragement of certain prescribing practices exacerbates the problem.

    Key Terms/Phrases:

    • Antimicrobial Resistance (AMR): Microorganisms becoming resistant to antibiotics.
    • Over-the-Counter Antibiotics: Antibiotics available without a prescription.
    • H1 Rule: Regulation prohibiting certain antibiotics without a prescription.
    • Colistin: A potent antibiotic, banned for growth promotion in poultry farming.
    • Third/Fourth-Generation Antibiotics: Antibiotics of advanced generations, facing resistance in bacterial strains.

    Key Quotes:

    • “I treat infections in cancer patients, who are the most immuno-compromised patients you can come across. Patients are losing their lives because of AMR.” – Abdul Ghafur
    • “What is essential is the linking of labs to all levels of clinical setups and the fast transmission of infection-related data between the lab and the clinician.” – Sumit Ray

    Key Examples and References:

    • National Centre for Disease Control (NCDC) survey on antibiotic use in Indian hospitals.
    • Indian government’s 2019 ban on colistin use in poultry farming.

    Critical Analysis:

    • Overcrowded hospitals and limited diagnostic access drive over-prescription.
    • Addressing AMR requires a holistic approach, considering socio-economic factors.

    Way Forward:

    • Restrict access to reserve antibiotics to reduce resistance.
    • Improve public health systems, delivery, and sanitation to curb AMR.
    • Enforce existing laws, such as the ban on over-the-counter antibiotic sales.

    In conclusion, addressing the overuse of antibiotics in India requires a multifaceted approach, involving improvements in healthcare infrastructure, diagnostic capabilities, and enforcement of regulations. The goal is to mitigate the immediate threat of AMR and ensure the judicious use of antibiotics for effective treatment.

  • The Indian Parliament, a promise spurned

    Parliament session from Jan 31 to Feb 9, Sitharaman to present interim budget on Feb 1 | India News - The Indian Express

    Central Idea:

    The article reflects on the recent security breach in the Indian Parliament, drawing attention to the historical debate around the choice of a parliamentary government for India. It explores the importance of having a stable government with effective opposition, emphasizing the parliamentary system’s capacity to accommodate diversity. The author questions the handling of the security breach incident and the subsequent suspension of a significant number of opposition members.

    Key Highlights:

    • Security lapse in the Indian Parliament in December 2023.
    • Historical debate on the choice of a parliamentary government in India.
    • Importance of stable government with effective opposition.
    • Challenges faced by the ruling party in accommodating opposition.
    • Critique of the current leadership’s response to the security breach.

    Key Challenges:

    • Grappling with the aftermath of a significant security breach.
    • Balancing the need for a stable government with the necessity of an effective opposition.
    • Managing the paradox of majority endorsement while ensuring constant validation for the common good.
    • Ensuring parliamentary committees address security concerns adequately.
    • Striking a balance between executive authority and parliamentary dignity.

    Key Terms:

    • Parliamentary government
    • Opposition
    • Security breach
    • Westminster system
    • Presidential system
    • Swarajist model
    • Indian orthodoxy
    • Common good
    • Effective representation
    • Stability in governance

    Key Phrases:

    • “Foundational institution of public life.”
    • “Parliamentary form of government.”
    • “Security lapses and pandemonium.”
    • “Doctrinal, ethnic, and cultural pluralisms.”
    • “Dialectics of stable support and effective opposition.”
    • “Insistent demand of the Opposition.”
    • “Suspended members from both Houses.”
    • “Ruling party’s ability to defend its course.”

    Key Quotes:

    • “A parliamentary system marks a better space for minorities.”
    • “The ruling party has not found it easy to face a sustained Opposition.”
    • “It is not the truth that a ruling dispensation upholds that serves its claim to rule but its ability to defend the course it pursues as the truth.”

    Anecdotes:

    • Incident involving Jawaharlal Nehru and Speaker Mavalankar’s refusal to go to the Prime Minister’s chamber.
    • Reference to historical debates within the Constituent Assembly on the form of government for India.

    Key Statements:

    • “The security breach is a breach inflicted on the nation as a whole.”
    • “The ruling party, despite challenges, has to live with the logic of the parliamentary system.”
    • “The suspension of almost the entire Opposition from both the Houses can hardly meet the test of becoming the voice of the nation.”

    Key Examples and References:

    • Two young men with gas canisters causing pandemonium in the Lok Sabha.
    • Historical references to arguments for the presidential, Indian orthodox, and swarajist models.
    • Mention of Jawaharlal Nehru’s sensitivity to the absence of an effective opposition.

    Key Facts and Data:

    • December 2023: Security breach in the Indian Parliament.
    • Suspension of 146 members from both Houses.
    • Reference to the historical debate within the Constituent Assembly.

    Critical Analysis:

    The article critically evaluates the current state of the Indian Parliament, questioning the handling of the security breach and the subsequent suspension of opposition members. It emphasizes the importance of a stable government with an effective opposition, highlighting historical debates on the choice of a parliamentary system. The author critiques the leadership’s response and underscores the need for a balance between executive authority and parliamentary dignity.

    Way Forward:

    • Address the security concerns through parliamentary committees.
    • Foster a more collaborative approach between the ruling party and the opposition.
    • Uphold the principles of parliamentary democracy and the importance of an effective opposition.
    • Prioritize transparency and communication in addressing lapses and challenges.
    • Reaffirm the commitment to diversity, pluralism, and the common good in parliamentary governance.

  • Political Split and Maharashtra Assembly Speaker’s Ruling

    Introduction

    • Maharashtra Assembly Speaker ruled that the ruling faction of a political party was the legitimate and real, having the support of the majority of the party’s MLAs.

    Anti-Defection Law in India

    • Rise of Political Instability: The late 1970s saw rampant floor-crossing by legislators, epitomized by the phrase “Aaya Ram Gaya Ram” after MLA Gaya Lal’s frequent party changes in 1967.
    • Legislative Efforts: Various bills, including the 32nd and 48th Constitution Amendment Bills, were introduced to address defections but lapsed or were not passed.
    • Enactment of the Law: The 52nd Amendment in 1985, under Prime Minister Rajiv Gandhi, introduced the Tenth Schedule to the Constitution, embedding the anti-defection law.

    Features of the Anti-Defection Law

    [A] Disqualification Criteria:

    • Members of Political Parties: Disqualification occurs if a member voluntarily gives up their party membership or defies the party’s directive without prior permission, which is not condoned within 15 days.
    • Independent Members: Disqualification occurs if they join a political party after election.
    • Nominated Members: Disqualification occurs if they join a political party after six months from taking their seat in the House.

    [B] Exceptions:

    • Merger: A member is not disqualified if their original party merges with another party, and at least two-thirds of its members agree to the merger.
    • Presiding Officers: Members who become presiding officers can relinquish party membership and rejoin it after their term without facing disqualification.

    [C] Decision Makin:

    • Deciding Authority: The presiding officer of the respective House is the authority to decide on disqualification matters, subject to judicial review as established in the Kihoto Hollohan case (1991).
    • Rule-making Power: The presiding officer can formulate rules for implementing the Tenth Schedule, subject to the approval of the House.
    • Procedure for Disqualification: The presiding officer acts upon a defection case upon receiving a complaint. The accused member must be given a chance to explain, and the matter can be referred to a committee for inquiry.
    • Position of Speaker: Party whips do not apply to the Speaker. However, questions of disqualification under the law concerning the Speaker or Chairman are decided by a member elected by the House.

    Judicial Interpretations and Election Commission’s Role

    • Key Judgments: The Kihoto Hollohan case (1991) made the Speaker’s decision on defection subject to judicial review. Other significant cases include Ravi Naik vs Union of India and G. Viswanathan Vs. The Hon’ble Speaker, Tamil Nadu, which clarified aspects of voluntary membership relinquishment and expulsion.
    • Election Commission’s Guidelines: The EC resolves intra-party disputes based on majority support in both organizational and legislative wings and may freeze party symbols in unresolved cases.

    Challenges and Criticisms

    • Discriminatory Features: The law is criticized for not differentiating between dissent and defection and for its approach to individual versus group defections.
    • Absence of Time Limit: The lack of a mandated timeframe for decisions on defection cases has led to manipulation and delays.
    • Impact on Democratic Functioning: Critics argue that the law restricts legislators’ freedom and weakens legislative checks on the executive.

    Debate on Repeal or Amendment

    • Arguments for Repeal: Some argue for the law’s repeal, citing its failure to prevent defections and its hindrance to representative democracy.
    • Arguments against Repeal: Proponents believe it ensures government stability, recognizes party systems, and reduces corruption.
    • Suggested Amendments: Recommendations for amendments include limiting the law’s scope, enhancing decision-making processes, and promoting intra-party democracy.

    Expert Recommendations

    • Dinesh Goswami Committee (1990) and Law Commission (170th Report, 1999): Suggested amendments include limiting disqualification and involving the President/Governor and EC in decision-making.
    • Constitution Review Commission (2002): Proposed barring defectors from holding public office and invalidating their votes in toppling governments.
    • Election Commission’s Proposal: Recommended that decisions under the Tenth Schedule should be made by the President/Governor based on the EC’s binding advice.

    Way Forward

    • Amending the Law: Amendments should address existing shortcomings, such as defining “voluntarily giving up membership” and removing distinctions in disqualification criteria.
    • Enhancing Democratic Functioning: Reforms should focus on promoting intra-party democracy and regulating the use of whips.
    • Voter Responsibility: The electorate’s role in holding defectors accountable through the ballot remains crucial.

    Conclusion

    • Navigating Political Stability and Democracy: The anti-defection law seeks to balance political stability with democratic representation and legislative accountability.
    • Adapting to Contemporary Politics: As political dynamics evolve, so must the legal frameworks, ensuring their relevance and effectiveness.

  • After ECI guidelines, charting a path to disability inclusion in politics

    Don't use derogatory terms for disabled, EC tells political parties | India News - Times of India

    Central Idea:

    The Election Commission of India issued guidelines advising political parties on using disability-sensitive language and practices. These guidelines cover inclusive communication, accessible information, and integrating people with disabilities (PwDs) within party structures. The aim is to counter derogatory remarks and stereotypes against PwDs in politics. However, concerns about the effectiveness of these guidelines arise, demanding further refinement and their inclusion in the Model Code of Conduct.

    Key Highlights:

    • The guidelines address disability-inclusive communication, information accessibility, and inclusion within political party frameworks.
    • Recent derogatory remarks by political leaders underscore the necessity for these guidelines.
    • Derogatory language contributes to attitudinal barriers under the Rights of Persons with Disabilities Act, 2016.
    • The guidelines are advisory, lacking uniformity and needing a more definitive mandate.
    • Absence of these guidelines in the Model Code of Conduct reduces their enforceability.
    • Ambiguities in language usage and terminology require clarification to avoid misinterpretation.
    • Political inclusion of PwDs is not addressed in the draft National Policy for PwD.
    • Lack of data on legislators with disabilities and the absence of a disability column in election forms hinder political inclusion.

    Key Terms:

    • Disability-sensitive language
    • Inclusive communication
    • Attitudinal barriers
    • Rights of Persons with Disabilities Act, 2016
    • Model Code of Conduct
    • Derogatory remarks
    • National Policy for Persons with Disabilities
    • Political inclusion

    Key Phrases:

    • “Advisory guidelines”
    • “Attitudinal barrier”
    • “Model Code of Conduct”
    • “Political inclusion”
    • “Derogatory remarks”
    • “Rights of Persons with Disabilities Act, 2016”
    • “National Policy for Persons with Disabilities”

    Key Quotes:

    • “These guidelines are only an ‘advisory,’ though the phraseology of a few guidelines is in mandatory language.”
    • “Instances have underlined the need for these guidelines, such as derogatory remarks by political leaders.”
    • “Political inclusion is an ignored aspect within the Indian realm of disability.”

    Key Statements:

    • “A uniform mandate under all three heads is needed for effective implementation.”
    • “Guidelines must be included within the Model Code of Conduct to enhance their enforceability.”
    • “The lack of data has contributed significantly to the political exclusion of PwDs.”

    Key Examples and References:

    • A Raja’s derogatory comparison of Sanatan Dharma to people with leprosy and HIV in September 2023.
    • Lack of a disability column in nomination forms and affidavits filed by contestants during elections.

    Key Facts:

    • The guidelines cover disability-inclusive communication, information accessibility, and inclusion within party frameworks.
    • Section 92 of the Rights of Persons with Disabilities Act, 2016, is mentioned as a punitive measure for breaching guidelines related to disability-inclusive communication.

    Critical Analysis:

    The article critically examines the advisory guidelines, highlighting their strengths, weaknesses, and areas for improvement. It emphasizes the need for a more robust and enforceable framework within the Model Code of Conduct and addresses ambiguities in language usage.

    Way Forward:

    • Refine and make the guidelines mandatory under all three categories.
    • Incorporate guidelines into the Model Code of Conduct for enhanced enforceability.
    • Provide a detailed list of disability-sensitive words and phraseology.
    • Include a chapter on political inclusion in the National Policy for Persons with Disabilities.
    • Introduce a disability column in election nomination forms to collect data on legislators with disabilities.

  • AMU’s Minority Status: A Historical and Legal Overview

    amu

    Introduction

    • The Supreme Court’s seven-judge Bench has begun hearing the long-standing dispute over the minority status of Aligarh Muslim University (AMU), a contention that spans nearly six decades.

    AMU’s Establishment

    • Origins: AMU traces its roots to the Muhammadan Anglo-Oriental (MOA) College, founded by Sir Syed Ahmad Khan in 1875 to address Muslims’ educational backwardness.
    • University Status in 1920: The institution gained university status in 1920, transitioning from MOA College to AMU, with a focus on both Western education and Islamic theology.

    Dispute over Minority Status

    • Article 30(1) of the Constitution: It says that all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
    • Initial Legal Challenges: The Supreme Court’s 1967 ruling in S. Azeez Basha vs. Union of India marked the beginning of the legal dispute, questioning the amendments to the AMU Act and the university’s administration.
    • Supreme Court’s 1967 Verdict: The court held that AMU was not established nor administered by the Muslim minority, emphasizing that it was created by a central act for government recognition of its degrees.

    Nationwide Protests and Political Response

    • 1981 Amendment Affirming Minority Status: Following protests by Muslims, the government amended the AMU Act in 1981, explicitly recognizing its minority status.
    • Allahabad High Court’s 2005 Ruling: The High Court overturned AMU’s reservation policy and nullified the 1981 amendment, aligning with the Supreme Court’s 1967 decision.

    Recent Developments and Government Stance

    • Withdrawal of Appeal by NDA Government: In 2016, the NDA government withdrew its appeal in the Supreme Court, stating it could not endorse setting up a minority institution in a secular state.
    • Referral to a Larger Bench: In 2019, a three-judge Bench led by then CJI Ranjan Gogoi referred the matter to a seven-judge Bench for a comprehensive review.

    Current Proceedings in the Supreme Court

    • Composition of the Bench: The case is being heard by a Bench comprising CJI DY Chandrachud and Others
    • Focus of the Hearing: The Bench is set to deliberate on the complex historical, legal, and constitutional aspects surrounding AMU’s minority status.

    Conclusion

    • Significance of the Case: The Supreme Court’s current hearing is crucial in determining the future of AMU’s minority character, a matter deeply intertwined with India’s educational and secular fabric.
    • Implications for Minority Rights: The outcome will have significant implications for minority rights in India, particularly concerning the establishment and administration of educational institutions under Article 30(1) of the Constitution.

  • Justice for Bilkis Bano, questions on remission

    A New Beginning : Bilkis Bano on the SC Ruling Nullifying Guj Govt's Remission Order - Read What

    Central Idea:

    The article discusses a recent Supreme Court decision regarding the remission of 11 convicts in the Bilkis Bano case. It highlights the court’s condemnation of illegalities and collusion between the petitioners and the Gujarat government. While celebrating the decision as a triumph for justice, the author also raises concerns about the lack of transparency and unchecked discretion in the remission process.

    Key Highlights:

    • The Supreme Court cancels remission orders for 11 convicts due to fraud and collusion with the Gujarat government.
    • The decision is praised for upholding the rule of law and addressing the exceptional injustice faced by Bilkis Bano.
    • The article acknowledges the inspiring resilience of Bilkis Bano and applauds women’s rights lawyers for their commitment.

    Key Challenges:

    • Lack of transparency in the formation and decision-making process of remission committees.
    • Unchecked discretion and potential for arbitrary exercise of power in remission decisions.
    • Concerns about non-application of mind and identical orders in the remission process, as seen in the Bilkis Bano case.

    Key Terms:

    • Remission: Reduction of sentence through earned days based on rehabilitation activities.
    • Per incuriam: Declared as illegal due to a mistake or oversight.
    • Retributive punishment: Focused on punishment rather than rehabilitation.
    • Judicial review: Examination of a decision for legality and fairness.
    • Usurpation of power: Unauthorized assumption of authority.

    Key Phrases:

    • “Injustice of exceptionalism”: Describes the grant of remission in the Bilkis Bano case as a unique and unjust situation.
    • “Resilience that prevailed”: Commends Bilkis Bano’s enduring strength in the face of injustice.
    • “Soothing balm”: Refers to the comfort provided by the Supreme Court’s firm decision.
    • “Unchecked discretion”: Highlights the potential for arbitrary decision-making in remission cases.

    Key Quotes:

    • “Rule of law and equality before the law would be empty words if their violation is not a matter of judicial scrutiny.”
    • “Remission is rooted in the logic that prisons are meant to be rehabilitative spaces.”
    • “Justice Nagarathna’s words come as solace in light of the disturbing memory of the celebrations that followed the release of the 11 convicts.”

    Key Examples and References:

    • Bilkis Bano case: Illustrates the background of the Supreme Court decision and the injustices faced by the victim.
    • Union of India vs V. Sriharan (2015): Reference to a Constitution Bench decision on the appropriate government for remission.
    • Epuru Sudhakar vs State of Andhra Pradesh (2006): Supreme Court ruling on the judicial review of remission orders.

    Key Facts and Data:

    • Life convicts must serve a minimum of 14 years before applying for remission.
    • Remission policies in some states deny opportunities based on crime categories.
    • The Gujarat government’s remission orders for the 11 convicts were identical.

    Critical Analysis:

    The article raises concerns about the arbitrary exercise of power in remission decisions, citing the lack of transparency and identical orders in the Bilkis Bano case. It prompts a reflection on whether certain offenders should be ineligible for remission or if a focus on fair compliance with conditions is more appropriate.

    Way Forward:

    • Advocate for increased transparency in the formation and functioning of remission committees.
    • Emphasize the importance of considering individual circumstances and compliance with remission conditions.
    • Encourage a reevaluation of remission policies to avoid blanket denials based on crime categories.
    • Address the issue of unchecked discretion to ensure a fair and rehabilitative approach in the remission process.

  • Supreme Court Overturns Remission in Bilkis Bano Case

    bilkis bano

    Introduction

    • Supreme Court’s Ruling: The Supreme Court struck down the remission granted to 11 men convicted in the 2002 Bilkis Bano Gangrape Case.
    • Gujarat Government’s Action Deemed Illegal: The court declared the Gujarat government’s decision to release the convicts as illegal, citing jurisdictional issues.

    Remission of Sentences: Constitutional Analysis

    Details
    What is Remission? Complete ending of a sentence at a reduced point;

    Nature of the sentence remains unchanged, but the duration is reduced;

    Conditional release; breach of conditions leads to cancellation.
    Constitutional Provisions Article 72: President’s pardoning powers

    Article 161: Governor’s pardoning powers

    President’s pardoning power >>> Governor’s
    Statutory Power of Remission Provided under the Code of Criminal Procedure (CrPC)

    Sections 432 and 433 allow suspension, remission, or commutation of sentences
    Background of Remission System Defined under the Prison Act, 1894;

    Observed in Kehar Singh vs. Union of India (1989) and

    State of Haryana vs. Mahender Singh (2007) cases
    Latest MHA Guidelines Special Remission Guidelines to commemorate 75th year of Independence as part of the Azadi Ka Amrit Mahotsav celebrations.
    Eligibility for Special Remission Women and transgender convicts aged 50+

    Male convicts aged 60+, having completed 50% of their sentence

    Physically challenged convicts with 70% + disability, having completed 50% of their sentence

    Terminally ill convicts who have completed 66% of their sentence

    Poor prisoners detained due to non-payment of fines

    Young offenders aged 18-21 with no other criminal involvement, having completed 50% of their sentence
    Exclusions from the Scheme Convicts with death sentences or life imprisonment;

    Convicts involved in terrorist activities or convicted under specific acts like TADA, POTA, UAPA, etc.

    Convicts of offences like dowry death, counterfeiting, rape, human trafficking, POCSO Act violations, etc.

    Core Issue before the Court

    • Question of Authority: The central issue was whether the Gujarat government had the authority to issue remission orders for the convicts.
    • Jurisdictional Clarification: The crime occurred in Gujarat, but the trial was held in Mumbai. The Supreme Court clarified that the appropriate government for remission decisions is where the sentencing occurred, not where the crime was committed.

    Understanding Remission of Sentences

    • Constitutional and Legal Provisions: Articles 72 and 161 of the Constitution and Section 432 of the CrPC empower the President, Governors, and state governments to remit sentences.
    • Restrictions Under Section 433A of the CrPC: This section imposes limitations on remission for life imprisonment cases, requiring a minimum of 14 years of imprisonment.

    Grounds for Remission

    • Sentence Review Board’s Role: States have a Sentence Review Board to exercise powers under Section 432 of the CrPC.
    • Supreme Court Guidelines: The court mandates due process in remission decisions, considering factors like the crime’s seriousness, co-accused status, and jail conduct.
    • Criteria Established in ‘Laxman Naskar v. Union of India’ (2000): The Supreme Court outlined five specific grounds for considering remission:

    (a) Whether the offence is an individual act of crime that does not affect society.

    (b) The likelihood of the crime being repeated in the future.

    (c) Whether the convict has lost the potentiality to commit a crime.

    (d) The purpose served by keeping the convict in prison.

    (e) Socio-economic conditions of the convict’s family.

    The Bilkis Bano Case Specifics

    • Convict’s Appeal for Remission: A convict appealed to the Supreme Court for premature release under Gujarat’s 1992 remission policy.
    • Supreme Court’s Initial Directive: The court initially directed the Gujarat government to consider Shah’s application as per the 1992 policy.

    Gujarat’s Remission Policy and Its Implications

    • 1992 Policy vs. 2014 Policy: The 1992 policy, under which remission was sought, was invalidated by the Supreme Court in 2012.
    • Gujarat Government’s Argument: The state argued that the 1992 policy was applicable as the conviction occurred in 2008, before the 2014 policy with stricter guidelines was formulated.

    Aftermath of the Remission Grant

    • Public Outrage: The release of the convicts sparked widespread outrage and was perceived as a miscarriage of justice.
    • Bilkis Bano’s Appeal: Bilkis Bano challenged the remission in the Supreme Court, highlighting the heinous nature of the crime and its impact on society.

    Conclusion

    • Restoration of Legal Integrity: The Supreme Court’s decision to overturn the remission restores faith in the legal system’s commitment to justice.
    • Reaffirmation of Jurisdictional Authority: The ruling clarifies the jurisdictional authority in remission cases, reinforcing the importance of due process and legal consistency.
    • Broader Implications: This judgment sets a precedent for future remission cases, emphasizing the need for careful consideration of the crime’s nature and societal impact in such decisions.

  • Curb the disillusionment with the traditional rule of law

    Bharatiya Nyaya Sanhita, 2023 (BNS) upsc | What is the need for Bharatiya Nyaya Samhita and related reforms?

    Central Idea:

    • The article explores challenges to the credibility of the rule of law, emphasizing the delicate balance between traditional norms and modern adaptations.
    • Recent legal reforms in India, particularly the Jan Vishwas Act, are discussed, along with concerns about potential abuses of power through shortcuts in law enforcement.

    Key Highlights:

    • The article underscores the significance of faith in the inherent goodness of legal norms for trust in the rule of law.
    • Discussion on the Jan Vishwas Act addressing outdated laws to facilitate business activities and reduce compliance burdens.
    • Replacement of colonial-era laws with the Bharatiya Nyaya (Second) Sanhita to modernize legal thinking and rebuild credibility.
    • The credibility crisis is attributed to shifts in perceptions of law as a power resource and the adoption of shortcut methods in law enforcement.

    Key Challenges:

    • Potential misuse of power through encounters and ‘bulldozer’ methods without democratic checks and balances.
    • Concerns about the crude nature of an abridged rule of law, leading to arbitrary justice and unpredictability.

    Key Terms:

    • Jan Vishwas Act
    • Bharatiya Nyaya (Second) Sanhita
    • Credibility crisis
    • Shortcut or abridged rule of law model

    Key Phrases:

    • “Normative raison d’etre” – referring to the fundamental basis or justification of norms.
    • “Smart governance” – addressing infirmities and outdatedness in laws through effective governance.
    • “Encounter killings” and “bulldozer action” – methods of law enforcement discussed in the article.

    Key Quotes:

    • “Fear of imprisonment for minor offences is a major factor hampering the growth of the business ecosystem.”
    • “The real credibility crisis of the rule of law is located not so much at the normative level but at the level of the rule of law reality.”

    Key Statements:

    • Acknowledgment of the government’s faith in the traditional rule of law as a positive aspect.
    • Highlighting the dangers of growing reliance on shortcut or abridged rule of law models.

    Key Examples and References:

    • The Dandi March as an example of civil disobedience against an unjust law.
    • Instances of police encounters and ‘bulldozer’ actions leading to potential abuses of power.

    Key Facts:

    • The Jan Vishwas Act addressed changes in numerous central Acts, including the Indian Post Office Act, and the Cinematograph Act.
    • Replacement of colonial-era Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act in the second phase.

    Critical Analysis:

    • The article critically examines the evolving landscape of the rule of law, highlighting potential challenges and consequences of shortcut methods in law enforcement. It questions the credibility crisis and emphasizes the importance of maintaining faith in traditional norms.

    Way Forward:

    • The article suggests staying alert to the dangers of shortcut or abridged rule of law models.
    • Encouragement to continue faith in the traditional rule of law while acknowledging the need for necessary reforms.

  • Social Media row between India and Maldives over Tourism

    maldives

    Introduction

    • Trigger: PM Modi’s social media posts promoting tourism in Lakshadweep led to a contentious exchange between Maldivian politicians, government officials, and Indian social media users.
    • Context: The posts highlighted Lakshadweep’s beauty but did not mention the Maldives or other island nations.
    • Maldivian Reaction: Following PM Modi’s posts, some Maldivian social media users, including government officials, responded with offensive and derogatory comments targeting Indians and the Prime Minister.

    Escalation of the Issue

    • Sensational Headlines: Local Maldivian news websites sensationalized the issue, falsely claiming that India was campaigning against Maldivian tourism.
    • Government Officials’ Involvement: High-ranking Maldivian officials engaged in the social media dispute, exacerbating the situation.

    Maldivian Social Media Campaign

    • #VisitMaldives Hashtag: In response to India’s promotion of Lakshadweep, Maldivian officials and supporters pushed the ‘#VisitMaldives’ hashtag, featuring local resorts and beaches.
    • Territorial Claims: Some Maldivian users falsely claimed that Lakshadweep is not Indian territory but belongs to the Maldives.

    Accusations Against India

    • Alleged Competition: Maldivian social media users accused India of trying to compete with the Maldives as a tropical vacation destination.
    • Racist Remarks: The posts led to a range of racist comments against Indians and Indian tourists.

    Maldives’ Dependency on Tourism

    • Significant Indian Tourist Numbers: Indians form a large group of tourists visiting the Maldives, with over 200,000 travelers in 2023.
    • Economic Impact: Tourism is crucial for the Maldives, accounting for over 28% of its GDP.

    Indian Response

    • Boycott Calls: Some Indian users called for a boycott of Maldivian hotels and resorts.
    • Highlighting Bilateral Cooperation: Others emphasized India’s assistance to the Maldives and aspects of bilateral cooperation.
    • Celebrity Support: Bollywood celebrities and Indian sportspersons initiated a ‘Visit Lakshadweep’ campaign in response to the controversy.

    Roots of Anti-India Sentiments

    • Historical Campaign: Anti-India sentiments have been present since the ‘India Out’ campaign, which started in 2020 and was promoted by former president Abdulla Yameen Abdul Gayyoom.
    • Muizzu Government’s Stance: The current Maldivian government, under President Mohamed Muizzu, has been fulfilling campaign promises, including withdrawing Indian military personnel from the Maldives.

    Criticism Within the Maldives

    • Opposition’s Stance: Not all in the Maldives support the government’s stance, with some politicians and diplomats criticizing the derogatory comments.
    • Lack of Diplomatic Experience: Critics argue that some government officials lack experience and understanding of diplomacy.

    Maldivian Government’s Reaction

    • Official Statement: The Maldives’ Ministry of Foreign Affairs issued a statement distancing the government from the derogatory remarks.
    • Cyber Attack Suspicions: Following the incident, several Maldivian government websites, including the foreign ministry, were suspected to be under cyber-attack.

    Conclusion

    • Surprise and Disappointment: The incident has surprised many in India and the Maldives, given the history of diplomatic support and cooperation.
    • Unlikely to Affect Relations: Analysts believe the conduct of a few individuals is unlikely to impact broader India-Maldives bilateral relations.
    • Need for Diplomatic Sensitivity: The episode underscores the importance of maintaining respectful and diplomatic communication between neighboring countries.