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  • An Uttar Pradesh model to tackle malnutrition

    An Uttar Pradesh model to tackle malnutrition - The Hindu

    Central Idea:

    The article highlights the success of a decentralized approach to tackling malnutrition in Uttar Pradesh by empowering women through community-based micro-enterprises. This initiative, led by self-help groups, focuses on producing fortified and nutritious foods for pregnant/breastfeeding mothers and children, distributed via the Integrated Child Development Services (ICDS) programme.

    Key Highlights:

    • Collaborative effort between the Department of Women and Child Development and the Uttar Pradesh State Rural Livelihood Mission.
    • Decentralized production of take-home rations by women’s enterprises.
    • Positive impact on livelihoods with over 4,000 women engaged in 204 self-help group micro-enterprises.
    • Re-formulation of take-home rations to enhance nutritional value and address monotony.
    • Focus on strengthening demand through diverse and nutritious products.
    • Innovation through app-based solutions and QR code tracking for supply chain management.

    Key Challenges:

    • Ensuring consistent quality and safety standards.
    • Overcoming logistical challenges in decentralized production and distribution.
    • Addressing potential resistance to change from centralized to decentralized models.
    • Sustaining long-term engagement and empowerment of women.

    Key Terms:

    • Self-help groups
    • Micro-enterprises
    • Integrated Child Development Services (ICDS)
    • Fortified foods
    • Decentralized production
    • Nutritional supplementation
    • Livelihood opportunities

    Key Phrases:

    • Women’s empowerment for nutrition
    • Decentralized model for take-home ration production
    • Strengthening demand through diverse products
    • Innovation and sustainability in food production
    • Multi-stakeholder approach for effective solutions

    Key Quotes:

    • “Engaging women from the community to run the take-home ration production units is a game-changer.”
    • “The State-wide expansion of micro-enterprises led by women confirms successful targeting and demonstrates how empowering women can bring about effective and sustainable processes.”

    Key Examples and References:

    • Collaboration between the Department of Women and Child Development and the Uttar Pradesh State Rural Livelihood Mission.
    • Use of two pilot plants by the United Nations World Food Programme in Unnao and Fatehpur.
    • Expansion to 202 production units across 43 districts, benefiting 12 million ICDS beneficiaries.

    Key Statements:

    • “This initiative presents an excellent opportunity for women to earn a livelihood and contribute to the local economy.”
    • “The re-formulated take-home rations are nutritious and designed to support the health and well-being of children.”

    Key Facts/Data:

    • Over 4,000 women engaged in 204 self-help group micro-enterprises.
    • Aim to generate an additional income of ₹8,000 a month for each woman.
    • Products include sweet and savory options like aata besan halwa and daliya moong dal khichdi.
    • Expansion to 202 production units across 43 districts, benefiting 12 million ICDS beneficiaries.

    Critical Analysis:

    • The initiative effectively addresses the intersection of women’s empowerment and nutrition, leveraging community resources for sustainable impact.
    • Decentralized production and diverse product offerings enhance accessibility and acceptability.
    • Challenges such as quality control and scalability need continuous monitoring and adaptation.

    Way Forward:

    • Continued support for women’s empowerment and capacity building.
    • Strengthening of quality assurance mechanisms.
    • Further research and innovation in product development and supply chain management.
    • Collaboration with stakeholders for scaling up and sustainability.

  • The road to a healthy democracy

    Role of Patients in Strengthening Indian HealthCare System

    Central Idea:

    Prathap C. Reddy, founder and chairman of Apollo Hospitals Group, advocates for India’s transformation into a developed nation by 2047, emphasizing the crucial role of healthcare in this vision. He highlights India’s demographic advantage, technological innovations in preventive healthcare, and the potential for India to lead the world in healthcare delivery and medical value travel.

    Key Highlights:

    • India’s demographic dividend, with a young population, presents a significant opportunity for development.
    • The importance of prioritizing preventive healthcare to address the growing burden of chronic diseases like diabetes, cardiovascular diseases, and cancer.
    • Technological advancements, including AI and machine learning, are revolutionizing preventive healthcare by enabling early detection and personalized prevention plans.
    • India’s healthcare sector is undergoing transformation, focusing on patient-centered care, expanded access, and quality improvement.
    • India’s healthcare infrastructure and clinical talent have gained global recognition, making it a preferred destination for medical value travel, particularly in specialized treatments like oncology, cardiology, and robotic surgeries.

    Key Challenges:

    • Addressing the increasing burden of chronic diseases and lifestyle-related health issues.
    • Ensuring equitable access to preventive healthcare tools and services across all segments of the population.
    • Scaling up healthcare infrastructure and workforce to meet the growing demand, especially in rural areas.
    • Overcoming barriers to the adoption of AI-driven healthcare solutions, including data privacy concerns and regulatory challenges.
    • Balancing the need for affordable healthcare with maintaining high-quality standards in a cost-effective manner.

    Key Terms:

    • Demographic dividend
    • Preventive healthcare
    • Chronic diseases
    • Artificial Intelligence (AI)
    • Medical value travel
    • Patient-centered care
    • Healthcare infrastructure
    • Non-communicable diseases (NCDs)

    Key Phrases:

    • “Viksit Bharat” (Developed India)
    • “Health equity for all”
    • “Clinical excellence and prowess”
    • “Patient at the absolute centre”
    • “Medical value travel hub”
    • “AI-driven healthcare solutions”

    Key Quotes:

    • “India’s healthcare sector is at the cusp of transformation, potentially giving rise to a new healthcare model for the world to follow.”
    • “Preventive healthcare has touched new possibilities, empowering individuals to take control of their own health.”
    • “India stands at a pivotal moment in its healthcare journey.”
    • “Every individual and institution in the country should resolve to make India’s progress their priority.”

    Key Statements:

    • India’s demographic dividend offers a unique opportunity for development, but the health of the population is crucial for maximizing this potential.
    • Technological innovations in healthcare, including AI, have the potential to revolutionize preventive care and improve health outcomes.
    • India’s healthcare sector has gained global recognition for its clinical excellence, infrastructure, and affordability, positioning it as a leader in medical value travel.

    Key Examples and References:

    • Success of Apollo Hospitals Group in providing high-quality healthcare services and driving medical tourism in India.
    • Impact of technological interventions in preventive healthcare, such as AI-driven risk prediction and personalized prevention plans.
    • Growth of medical value travel industry in India, attracting patients from around the world for specialized treatments at lower costs.

    Key Facts and Data:

    • India’s population exceeds 1.4 billion, with a median age of 29 years, presenting a significant demographic dividend.
    • India has over 101 million diabetics and 136 million prediabetics, making it the diabetes capital of the world.
    • Cardiovascular diseases are the leading cause of mortality in India, and cancer incidence is projected to rise by 57.5% by 2040.
    • India’s healthcare costs are approximately one-tenth of the global average, making it an attractive destination for medical value travel.

    Critical Analysis:

    • While the article emphasizes the potential of technological innovations and medical value travel in transforming India’s healthcare sector, it’s essential to ensure that these developments benefit all segments of the population, particularly those in rural and underserved areas.
    • The challenge of addressing the growing burden of chronic diseases requires a comprehensive approach, including not only preventive measures but also effective management and treatment strategies.
    • Balancing affordability with quality in healthcare delivery is crucial to maintain India’s competitiveness in medical value travel while ensuring that patients receive optimal care.

    Way Forward:

    • Prioritize investments in preventive healthcare, leveraging technology to empower individuals to manage their health effectively.
    • Expand access to healthcare services, especially in rural and underserved areas, through innovative delivery models and infrastructure development.
    • Foster collaboration between public and private sectors to drive healthcare innovation and address key challenges in the sector.
    • Focus on capacity building and skill development to ensure a competent healthcare workforce capable of delivering high-quality care across all settings.
    • Advocate for policies that promote affordability, accessibility, and quality in healthcare delivery, ensuring that India’s healthcare system remains inclusive and sustainable.

  • GST Appellate Tribunals to be set around July or August

    Introduction

    • The Goods and Services Tax (GST) Appellate Tribunals, eagerly anticipated to address taxpayer disputes within the six-and-a-half-year-old indirect tax regime, are set to commence operations around July or August.

    What is GST Appellate Tribunal?

    • The GST Appellate Tribunal is a quasi-judicial body proposed to be established to resolve disputes related to the Goods and Services Tax (GST) in India.
    • It will function as an independent body to hear appeals against orders passed by the GST authorities or the Appellate Authority.
    • The tribunal will be composed of a national bench and various regional benches, headed by a chairperson appointed by the central government.
    • The proposed tribunal is expected to help expedite the resolution of disputes related to GST and reduce the burden on the judiciary.

    Under GST, if a person is not satisfied with the decision passed by any lower court, an appeal can be raised to a higher court, the hierarchy for the same is as follows (from low to high):

    1. Adjudicating Authority
    2. Appellate Authority
    3. Appellate Tribunal
    4. High Court
    5. Supreme Court

    Need for such Tribunal

    • Unburden judiciary: GST Appellate Tribunal will help resolve the rising number of disputes under the 68-month-old indirect tax regime that are now clogging High Courts and other judicial fora.
    • Improve efficiency of GST System: Overall, the establishment of the GST Appellate Tribunal is expected to improve the efficiency and effectiveness of the GST system in India.
    • Independent mechanism: The proposed Tribunal will provide an independent and efficient mechanism for resolving disputes related to GST.
    • Avoid tax evasion: It will help to expedite the resolution of disputes, reduce the burden on the judiciary, and promote greater certainty and predictability in the GST system.

    Issues with present litigation

    • Compliance issues: The GST system is relatively new in India, having been implemented in 2017, and there have been several issues with compliance and interpretation of rules and regulations.
    • Complex adjudication hierarchy: The current dispute resolution mechanism involves multiple layers of adjudication, starting with the GST officer and as mentioned above.
    • Time-consuming process: This process can be time-consuming, costly, and burdensome for taxpayers, especially small and medium-sized enterprises.

    Significance

    • The creation of these tribunals had been in the pipeline since the implementation of the GST regime on July 1, 2017.
    • The number of pending appeals by taxpayers related to central GST levies had surged to over 14,000 (June 2023).

  • Four issues that CJI highlighted within Legal Profession

    cji

    Introduction

    • During the Supreme Court’s 75th-year Foundation Day address, the Chief Justice of India (CJI) highlighted four crucial issues within the judiciary that require “difficult conversations.”
    • This article delves into these issues and their historical context.

    Major Issues with Legal Profession

    [1] Problem of “Adjournment Culture”

    • Definition: Adjournment culture refers to the practice of lawyers repeatedly seeking adjournments, delaying scheduled hearings.
    • Effect on Justice: Prolonged adjournments lead to case delays and contribute to the growing backlog of pending cases.
    • Legal Framework: Order XVII of the Civil Procedure Code, 1908 sets rules for granting adjournments, limiting them to three times, with sufficient cause shown.
    • Vicious Cycle: Advocates exploit heavy workloads to seek adjournments, perpetuating delays.

    [2] Managing Lengthy Oral Arguments

    • Constitutional Bench Matters: The court directs parties to schedule oral arguments to avoid repetition in important cases.
    • Mixed Success: Past cases, like the Ayodhya title dispute, had lengthy hearings despite scheduling.
    • Recent Improvements: Under CJI UU Lalit, a Constitution Bench case involving EWS reservations achieved efficiency through time scheduling.
    • US Model: The US Supreme Court restricts oral arguments to 30 minutes per side, considered but not adopted in India.

    [3] Alternatives to Extended Court Vacations

    • Flexi-Time: Introducing flexi-time for lawyers and judges is suggested, allowing them to choose working hours within a specified total.
    • Philippines Example: The Philippines implemented flexi-time for court employees based on valid reasons.
    • Historical Suggestions: Past reports and government recommendations aimed to reduce court vacations to tackle case backlog.
    • Supreme Court Rules: In 2014, the court limited summer vacations to seven weeks instead of ten.

    [4] Ensuring Equal Opportunities for First-Generation Lawyers

    • Leveling the Field: The CJI emphasizes providing a level playing field for first-generation lawyers and marginalized segments with the potential to succeed.
    • Progress: Over 50% of junior civil judge exam candidates are women, and 41% of Supreme Court law clerk candidates are women.
    • Inclusivity Efforts: Initiatives by the Supreme Court Advocates-on-Record Association (SCAORA) aim to support diversity, including giving weightage to first-generation lawyers for Senior Advocate designations.
    • Judicial Recognition: The judiciary acknowledges the growth and contributions of first-generation lawyers, dismissing claims that recognition is solely based on wealth and proximity.

    Conclusion

    • The judiciary faces multifaceted challenges, including adjournment culture, oral argument lengths, court vacations, and ensuring a fair platform for first-generation lawyers.
    • Addressing these issues requires frank discussions, reforms, and continued efforts to uphold the principles of justice and inclusivity within the legal profession.

  • Stricter Rules for Indian Students Pursuing Higher Education Abroad

    Introduction

    • Indian students aspiring to pursue higher education in English-speaking countries, notably Canada and the U.K., are facing increased difficulties due to tightening immigration rules.
    • This shift in regulations is affecting various aspects of the admission process and has raised concerns among higher education experts.

    Recent Policy Changes

    [1] Canada’s Revised Requirements:

    • The Canadian government, responding to political tensions with India, revised its requirements in December 2023 to enhance the protection of international students.
    • Notable Changes:
      1. The Guaranteed Investment Certificate (GIC) amount, necessary for visa applications, increased from 10,000 Canadian dollars (approximately ₹6.15 lakh) to 20,635 Canadian dollars (around ₹12.7 lakh).
      2. Canada has limited the total number of study permits or student visas to be issued to 3.6 lakh, down from nearly four lakh.

    [2] UK’s Restriction on Dependant Family:

    • Starting in 2024, international students in the UK will be prohibited from bringing dependant family members while pursuing their studies.

    [3] Increased GIC Requirements in Other Countries:

    • Countries like Germany and Australia have steadily raised their GIC amounts by around 10% annually, with Germany requiring 11,208 euros (₹10 lakh) for visa applications as of May 2023.

    Impact on Students

    • Financial Challenges: The substantial increase in GIC requirements, such as in Canada, poses financial challenges for Indian students, making it difficult to afford living expenses in expensive countries.
    • Reduced Visa Accessibility: Canada’s reduction in the number of study permits affects Indian students’ access to higher education in the country.
    • Change in Study Choices: The stricter rules have led to changes in study preferences, with some students considering countries like Germany, Australia, New Zealand, Ireland, the Netherlands, Finland, Taiwan, and Israel as alternative destinations for their education.

    Mixed Implications

    • Addressing Diploma Mills: Canada’s measures are aimed at curbing the issue of ‘diploma mills,’ improving the quality of education, and discouraging unethical practices by agents.
    • Impact on Bachelor’s Degree Seekers: While master’s program students benefit from eased norms, those pursuing bachelor’s degrees in Canada face uncertainty and delays in their visa applications.

    Conclusion

    • The recent changes in admission rules for Indian students seeking higher education abroad highlight the evolving landscape of international education.
    • These alterations necessitate adaptability among students and have sparked shifts in study preferences towards countries with more accessible pathways

  • Micro-credentials, the next chapter in higher education

    Higher Education In India | 06 Apr 2020

    Central Idea:

    The article advocates for a more active role of Higher Education Institutes (HEIs) in India to enhance students’ employability by incorporating micro-credentials, short-duration learning activities validating specific skills. It emphasizes the need to bridge the gap between traditional education and current job requirements, highlighting the flexibility and accessibility of micro-credentials. The evolving hiring practices, prioritizing skills over degrees, further reinforce the significance of these short-duration learning programs.

    Key Highlights:

    • Micro-Credentials Definition: Short-duration learning activities proving specific outcomes, offering flexibility for learners.
    • Changing Hiring Practices: Shift towards prioritizing skills over degrees in recruitment.
    • Industry Players: Various organizations and universities globally providing micro-credentials.
    • National Credit Framework (NCrF): In India, a framework outlining learning outcomes and credits for progression.
    • Quality Benchmarking: The importance of ensuring consistent quality standards and regulations for micro-credentials.
    • Trust Building: Reliable assessment methods critical to fostering trust in micro-credentials.
    • Potential Impact: Micro-credentials as a valuable addition to traditional education, enhancing students’ skills.

    Key Challenges:

    • Quality Assurance: Ensuring consistent quality in micro-credentials to prevent divergence in learning outcomes.
    • Regulation: The need for clear regulations to facilitate recognition and endorsement in workplaces and educational institutes.
    • Assessment Methods: Developing reliable assessment methods critical for establishing trust in micro-credentials.

    Key Terms and Phrases:

    • Micro-Credentials: Short-duration learning activities proving specific outcomes.
    • National Credit Framework (NCrF): Framework in India outlining learning outcomes and credits.
    • Just-in-Time Skills: Acquiring skills when needed, addressing the gap between traditional education and current job requirements.

    Key Quotes:

    • “Hiring practices are changing, with a tendency to prioritize skills over degrees.”
    • “Micro-credentials are evolving as the new normal in higher education.”

    Key Statements:

    • The article asserts the need for HEIs to play a more active role in enhancing students’ employability.
    • Micro-credentials are presented as a disruptive solution to bridge the knowledge gap between traditional education and job requirements.

    Key Examples and References:

    • Atingi, Alison.com, Credly, Coursera, edX, FutureLearn, Google, Linkedin, Microsoft, PwC, and Udacity are mentioned as organizations providing micro-credentials.
    • Reference to the National Credit Framework (NCrF) in India as a guideline for learning outcomes and credits.

    Key Facts and Data:

    • The National Education Policy 2020 focuses on providing skilled education from school to higher levels.
    • Micro-credentials can be one to five credit short modules, aligning with the NCrF.

    Critical Analysis:

    The article underscores the evolving nature of education and employment, recognizing the importance of skills over traditional degrees. It emphasizes the potential of micro-credentials in addressing these shifts and encourages collaboration between HEIs and industries.

    Way Forward:

    • Collaboration: Encourage collaboration between HEIs and industries for the development of credit-based micro-credentials.
    • Regulation: Establish clear regulations to harmonize micro-credentials with existing academic programs.
    • Quality Assurance: Ensure consistent quality in micro-credentials through reliable assessment methods.
    • Awareness: Raise awareness among students and employers about the value of micro-credentials in enhancing skills and employability.

  • The path towards a pluralist civil society

    Op-ed: India – A vibrant democracy and a pluralistic society | SunOnline International

    Central Idea:

    The article explores the importance of the phrase “We the People” in the Indian Constitution’s Preamble, emphasizing the need to understand popular sovereignty as a dynamic force rather than a static concept. It delves into the role of different spheres within civil society, highlighting the contrast between the elite public sphere and the non-elite counter-sphere. The article draws on the perspectives of constitutional scholar Sarbani Sen, B.R. Ambedkar, and Mahatma Gandhi to underscore the significance of inclusive dialogue, empathy, and a pluralist civil society for the true realization of constitutional principles.

    Key Highlights:

    • Controversy over the omission of ‘Socialist’ and ‘Secular’ in copies of the Indian Constitution during Parliament’s inaugural session.
    • Emphasis on the revolutionary potential of the Constitution rooted in the spirit of “We the People.”
    • The distinction between the elite public sphere and the non-elite counter-sphere in civil society.
    • Recognition of the powerful democratic assertions from movements and groups outside the traditional elite sphere.
    • B.R. Ambedkar’s framing of the Preamble and his emphasis on morality as a governing principle.
    • Gandhi’s concept of ‘Swaraj’ as a creative process of self-realization and the importance of dialogue and empathy.

    Key Challenges:

    • Inertia of the elite public sphere in addressing challenges to constitutional governance.
    • The tendency to marginalize non-elite counter-sphere movements as “sectional” or emotional.
    • Potential loss of liberatory potential if the counter-sphere is not given equal standing in civil society.
    • The need to move beyond chauvinistic pride and engage in honest, introspective dialogue.

    Key Terms:

    • Popular Sovereignty
    • Elite Public Sphere
    • Non-elite Counter-sphere
    • Swaraj
    • Satyagraha
    • Deliberative Democracy

    Key Phrases:

    • “We the People”
    • “Counterbalancing the state”
    • “Radically democratic forms of popular assertions”
    • “Sovereignty of the political community”
    • “Liberty, equality, and fraternity”
    • “Empathetic engagement with the concerns of others”
    • “Inclusive dialogue”
    • “Plural civil society”

    Key Quotes:

    • “Without equality, liberty would produce the supremacy of the few over the many.” – B.R. Ambedkar
    • “Swaraj… a creative process of self-realization through which one might reach out towards a more secure and substantive plane of freedom and equality.” – Ajay Skaria
    • “Every self is deeply fissured, and sovereignty is ubiquitous, always exercised everyday by the self.” – Ajay Skaria

    Key Statements:

    • The Constitution’s revolutionary potential lies in the spirit of popular sovereignty.
    • Inclusivity and equal standing of all communities are crucial for a plural civil society.
    • The liberal public sphere has been inert in the face of challenges to constitutional governance.

    Key Examples and References:

    • Una agitation by Dalits
    • Pathalgadi movement of tribals in Jharkhand
    • Farmers’ movements in Punjab and Haryana
    • Nationwide protests by Muslims against the Citizenship (Amendment) Act

    Key Facts and Data:

    • Controversy during the inaugural session of the new Parliament over the omission of ‘Socialist’ and ‘Secular’ in the Constitution copies.
    • Reference to the book “The Constitution of India: Popular Sovereignty and Democratic Transformations” by Sarbani Sen.

    Critical Analysis:

    • The article critiques the inertia of the elite public sphere in addressing constitutional challenges.
    • It highlights the potential danger of marginalizing non-elite counter-sphere movements as emotional or sectional.
    • Emphasis on the need for honest and introspective dialogue for a pluralist civil society.

    Way Forward:

    • Advocate for an inclusive and plural civil society that recognizes the equal standing of all communities.
    • Promote empathetic engagement and dialogue to foster mutual understanding.
    • Encourage active participation in civil society, especially from non-elite counter-sphere movements.
    • Stress the importance of moral principles in governance and societal interactions.

  • Uttarakhand readies Final UCC draft

    ucc

    Introduction

    • Uttarakhand is taking important steps to implement a Uniform Civil Code (UCC).
    • The state has received the final report from a committee, which is a significant move towards fulfilling its commitment to equality and justice.

    Tap to read everything about Uniform Civil Code:

    India needs a Uniform Civil Code: PM

    Uttarakhand UCC

    • Expert Committee: Uttarakhand appointed a committee, led by retired Justice Ranjana Prakash Desai, to draft the UCC.
    • In the State Assembly: The UCC report will be presented in the State Assembly on February 5 for discussion. It will go through a detailed review before becoming law.

    Key Recommendations

    • Gender Equality: The final UCC draft focuses on achieving gender equality and removing unfairness in various areas, including property rights and adoption rules.
    • Language Choice: Notably, the UCC draft is around 750 pages long, entirely written in Hindi, without any Urdu or other languages.
    • Protection of Tribal Community: The report suggests that the tribal community should not be included in the UCC. Their specific needs and concerns will be addressed separately.

    Ensuring Equal Rights

    • Ban on Regressive Practices: The UCC draft recommends strong punishments for practices like triple talaq, iddat, and halala, which relate to marriage and divorce in Muslim personal law. It also proposes banning polygamy and polyandry.
    • Legalizing Live-In Relationships: The draft suggests making live-in relationships legal, with mandatory registration for such couples.
    • Equal Inheritance Rights: Women are granted the same rights as men when it comes to inheritance under the proposed UCC.
    • Minimum Marriage Age: The UCC draft suggests setting the minimum age for women’s marriage at 21 years.

    Conclusion

    • Uttarakhand’s efforts to establish a Uniform Civil Code demonstrate its commitment to ensuring equal rights and justice for all.
    • The careful drafting process, inclusive approach, and strong recommendations underscore the state’s determination to promote gender equality and eliminate regressive practices.

  • How Political Parties are created in India?

    political parties

    Introduction

    • Tamil superstar Thalapathy Vijay’s announcement of his political party has sparked interest in the process of registering political entities in India.

    Creating a Political Party

    • Legal Framework: Article 324 of the Indian Constitution and Section 29A of the Representation of the People Act, 1951 empower the Election Commission to lay down guidelines for party registration.
    • Application: A party seeking registration must apply to the Election Commission within 30 days of its formation.
    • Public Notice: The applicant must publish the proposed party name in two national and two local daily newspapers. The notice is also posted on the Election Commission’s website.
    • Documentation: The application, in a prescribed format, must be sent to the Election Commission Secretary within 30 days of party formation. It should include a demand draft of Rs. 10,000, a printed copy of the party’s memorandum, rules, or constitution, and the latest electoral rolls for at least 100 party members.
    • Affidavits: An affidavit, duly signed by the President or General Secretary and sworn before a Magistrate/Notary Public, is required. Additionally, individual affidavits from 100 members confirming non-membership in any other registered political party are essential.

    Need for Registration

    • Not Mandatory: Registration with the Election Commission is not mandatory but comes with advantages under the Representation of the People Act, 1951.
    • Symbol Allotment: Registered party candidates receive priority in the allotment of free symbols over independent candidates.
    • State or National Recognition: Parties can achieve recognition as ‘state parties’ or ‘national parties,’ subject to fulfilling conditions laid out in the Election Symbols (Reservation and Allotment) Order, 1968.

    Recognition Criteria

    • State Party: To be recognized as a state party, a registered party must meet any of these five conditions:
      1. Secure at least 6% of valid votes and win at least 2 seats in an Assembly General Election.
      2. Secure at least 6% of valid votes and win at least 1 seat in a Lok Sabha General Election.
      3. Win at least 3% of the seats or at least 3 seats, whichever is more, in an Assembly General Election.
      4. Win at least 1 out of every 25 seats from a state in a Lok Sabha General Election.
      5. Secure at least 8% of the total valid vote in an Assembly or Lok Sabha General Election.
    • National Party: To attain national party status, a registered party must meet any of these three conditions:
      1. Secure at least 6% of valid votes in an Assembly or Lok Sabha General Election in four or more states and win at least 4 seats in a Lok Sabha General Election from any state.
      2. Win at least 2% of total Lok Sabha seats in a Lok Sabha General Election, spanning at least 3 states.
      3. The party is recognized as a State Party in at least four states.

    Benefits of Recognition

    • Reserved Symbol: State parties receive a reserved symbol within the state, while national parties can use the reserved symbol across the country.
    • Nomination Ease: Such parties require only one proposer for filing nominations.
    • Free Electoral Rolls: They are entitled to two sets of electoral rolls free of cost.
    • Media Access: Recognized parties can use state-owned Akashvani/Doordarshan facilities for broadcasting/telecasting during general elections.
    • Additional Perks: Recognized parties can avail of other advantages such as subsidized land for party offices, among others.

  • 22nd Law Commission recommends retaining Criminal Defamation

    defamation

    Introduction

    • The 22nd Law Commission has recommended retaining criminal defamation as an offence in the new legal framework of Bharatiya Nyaya Sanhita.
    • The Law Commission’s report highlights the importance of protecting an individual’s reputation, grounded in Article 21 of the Constitution, which safeguards the right to life and personal liberty.

    Key Recommendations: Upholding Reputation

    • Invisible Asset: Reputation, a valuable asset, cannot be seen but is diligently built over a lifetime and can be tarnished in an instant.
    • Essence of Protection: The jurisprudence around criminal defamation laws is rooted in the essence of safeguarding one’s reputation.
    • Balancing Act: While acknowledging that criminal defamation might seem contradictory to freedom of speech and expression, the Law Commission suggests treading carefully.
    • Harmful Speech: The Commission advises that speech should only be deemed illegal when it intends substantial harm, and when such harm becomes a reality.

    What is Criminal Defamation?

    • Defamation: Defamation entails the act of publishing damaging content that diminishes an individual’s or entity’s reputation, from the viewpoint of an ordinary person. In India, defamation is both a civil and criminal offense.
    • Sections 499 and 500: These sections in the Indian Penal Code address criminal defamation. Section 499 defines the offense, while Section 500 outlines the associated punishment.

    Arguments in Favor of Retaining Criminal Defamation

    • Protection of Reputation: An individual’s reputation, an integral part of Article 21, is as vital as free speech.
    • Balancing Act: The right to free speech (Article 19(1)(a)) must be balanced against the right to reputation (Article 21).
    • Inadequate Compensation: Monetary compensation in civil defamation may not proportionately compensate for reputation harm.
    • Editorial Responsibility: Editors bear the responsibility for published content, with significant consequences for individuals and the nation.
    • Counteracting Online Defamation: In the absence of an effective internet censorship mechanism, criminalizing defamation is a necessary safeguard.
    • State’s Interest: Criminalizing defamation is part of the state’s compelling interest to protect citizens’ dignity and reputation.

    Arguments against Retaining  

    • Chilling Effect: Criminal defamation may have a chilling effect on free speech, with a lower threshold for prosecution than civil damages.
    • Media Freedom: Freedom of speech and media expression is crucial for vibrant democracies, and the threat of prosecution can stifle truth.
    • Misinterpretation of Dissent: Dissent may be misconstrued as unpalatable criticism, leading to imprisonment under Sections 499 and 500 of IPC.
    • Collective Reputation: The right to reputation cannot extend to collectives like the government, which can rectify reputational damage.
    • Redundancy: Since civil defamation remedies exist, retaining criminal defamation may serve little purpose except coercion and harassment.
    • Global Trend: Many nations, including neighbouring Sri Lanka and the UK, have decriminalized defamation.
    • International Perspective: The International Covenant on Civil and Political Rights urges states to abolish criminal defamation as it intimidates citizens and deters exposing wrongdoing.

    Conclusion

    • Criminal defamation cases have been used to suppress investigative journalism, hindering democratic accountability.
    • Criminal defamation should not be misused by the state, especially as the Code of Criminal Procedure gives public servants an advantage.
    • Interim measures can ensure fair proceedings and prevent excessive penalties.

    Back2Basics: Law Commission of India

    Details
    Establishment An executive body established by the Government of India, with the first commission established in 1955.
    Tenure Each Law Commission serves a term of three years.
    Function Acts as an advisory body to the Ministry of Law and Justice for legal reforms in India.
    Recommendations The recommendations made by the Law Commission are not binding.
    Historical Background The first Law Commission was established during the British Raj in 1834 by the Charter Act of 1833.
    First Chairman The first Chairman of the Law Commission was Macaulay, who recommended the codification of laws.
    Composition Typically consists of a full-time Chairperson, full-time Members, ex-officio Members, and part-time Members.
    Terms of Reference Undertakes research and reviews of existing laws, recommends reforms, and studies justice delivery systems.
    Major Reforms The Law Commission played a pivotal role in suggesting key enactments like the Indian Penal Code and Criminal Procedure Code.
    Role in Legal Reforms Serves as both an advisory and critical body, with its recommendations often influencing legal reforms in India.
    Supreme Court References The Supreme Court has referred to the work of the Law Commission and followed its recommendations in various cases.
    Promotion of Accountability Aims to promote an accountable and citizen-friendly government, transparency, and the right to information.