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GS Paper: GS2

  • What are Foreigners’ Tribunals?

    Central Idea

    • Since 1966, Foreigners Tribunals (FTs) in Assam have identified 32,381 people as foreigners.

    Foreigners Tribunals in Assam

    • Unique Quasi-Judicial Bodies: FTs are specific to Assam, tasked with determining whether a person is illegally staying as a “foreigner” in India.
    • Backdrop of Assam’s NRC: With the National Register of Citizens (NRC) in Assam, the Ministry of Home Affairs (MHA) has outlined guidelines for detecting, detaining, and deporting illegal foreign nationals.
    • Amendment to Foreigners (Tribunals) Order, 1964: The MHA has amended this order, allowing district magistrates in all States and Union Territories to establish tribunals.
    • Shift in Power: Previously, only the Central Government had the authority to constitute such tribunals.

    Need for Foreigners Tribunals

    • Legal Process for Foreigners: In other regions, foreigners apprehended for illegal stay are tried under the Passport Act, 1920, or the Foreigners Act, 1946, with penalties including imprisonment and eventual deportation.
    • Detention Centers: Post-sentence, the accused are held in detention centers until their country of origin agrees to accept them.

    Recent Amendments and Their Implications

    • Changes in Tribunal Constitution: The 1964 order initially allowed only the Central Government to refer cases to the Tribunals. The amendment now permits State Governments, UT administrations, District Collectors, and District Magistrates to do so.
    • Empowerment of Individuals: The amended Foreigners (Tribunal) Order, 2019, enables individuals to approach Tribunals, a change from the earlier provision where only the State could challenge a suspect.
    • Context of NRC: With the final NRC publication, this amendment aims to provide adequate opportunities for those not included in the list.
    • Procedure for Non-Listed Individuals: Persons not found in the final NRC can approach the Tribunals. District Magistrates can also refer cases of individuals who haven’t filed claims against their NRC exclusion.
    • Issuance of Fresh Summons: These individuals will receive new summons to prove their citizenship.

  • Tavleen Singh writes: Time to end reservations

    Reservation in India: Advantages & Disadvantages | UPSC - IAS EXPRESS

    Central idea 

    The article argues for the abolition of all reservations in government jobs, universities, and other institutions, contending that the once crucial affirmative action has devolved into a tool for political manipulation. It highlights the failure of reservations to achieve genuine social equality and proposes a voucher system exclusively for historically oppressed groups as an alternative.

    Key Highlights:

    • The author advocates for the abolishment of all reservations in government jobs, universities, schools, the army, and paramilitary forces.
    • Reservation policies, initially introduced for scheduled castes and tribes as a gesture of atonement, have become a tool for political manipulation and failed to achieve social equality.
    • The suggestion to replace reservations with a voucher system for education, exclusively for those historically oppressed, is proposed as an alternative.

    Key Challenges:

    • The political exploitation of caste-based reservations has perpetuated the system beyond its intended purpose, hindering genuine social progress.
    • The reluctance to address the issue stems from its controversial nature, making it difficult for leaders and commentators to openly criticize or advocate for change.

    Key Terms & Phrases:

    • Reservations, Affirmative Action, Caste Census, Scheduled Castes, Scheduled Tribes, Voucher System, Social Equality, Political Exploitation.

    Key Quotes:

    • “When reservations were introduced… it was a vital gesture of atonement for the evil done to lower caste Indians for centuries.”
    • “As a tool for bringing social equality for scheduled castes and tribes, reservations have failed.”
    • “The great Indian dream remains landing a government job.”

    Key Statements:

    • Reservations, initially crucial for affirmative action, have transformed into a political tool, hindering genuine progress.
    • The author urges for the courage to admit the farcical nature of the reservations system and advocates for its abolition.

    Key Examples and References:

    • Reference to Maratha leaders fasting for reservations highlights the misuse of the system by powerful castes.
    • The proposal to replace reservations with a voucher system draws from the need to address historical oppression without political exploitation.

    Key Facts & Data:

    • Dr. Ambedkar initially suggested reservations for ten years, but political motivations led to its continuation.
    • The Prime Minister’s acknowledgment of belonging to the OBC category questions the need for reservations for these castes.

    Critical Analysis:

    • The author emphasizes the need for a candid discussion on reservations, calling out its political exploitation and proposing alternatives.
    • The article challenges the prevalent narrative on reservations and highlights the disconnect between the intended purpose and the current reality.

    Way Forward:

    • The article calls for bold leadership to address the reservations issue, suggesting a reevaluation of policies and the implementation of alternative measures to ensure genuine social progress.

  • PM-JANMAN Scheme for PVTGs

    Central Idea

    • The Union Tribal Ministry informed the Rajya Sabha that the population of Particularly Vulnerable Tribal Groups (PVTGs) is not declining, contrary to earlier data.
    • The Pradhan Mantri-Janjati Adivasi Nyaya Maha Abhiyan (PM-JANMAN) aims to provide basic facilities to PVTGs, with a significant budget allocation.

    Who are the PVTGs?

    • Definition and Characteristics: PVTGs, formerly known as Primitive Tribal Groups, are identified by criteria like declining population, pre-agrarian technology, economic backwardness, and low literacy.
    • Distribution: Spread across 18 States and Union Territories, India has 75 PVTGs, with the highest numbers in Odisha and Andhra Pradesh.
    • Historical Context: These groups inhabit remote areas and have historically been among the most vulnerable sections of Scheduled Tribes.

    PM-JANMAN: Objectives and Funding

    • Mission Goals: The mission, announced earlier in the year, focuses on improving infrastructure and basic amenities in PVTG areas.
    • Budget Allocation: The Cabinet approved a ₹24,000 crore package, with contributions from both the central and state governments.
    • Implementation Strategy: The program involves nine ministries and aims to enhance housing, connectivity, healthcare, education, and economic opportunities in PVTG villages.

    Challenges in Implementation

    • Data Gaps: A key challenge is the lack of current and accurate data on PVTG populations and socio-economic conditions.
    • Baseline Surveys: While surveys are being conducted, their results are not yet public, and there has been no separate Census for PVTGs since 1951.
    • Recommendations: The National Advisory Council suggested conducting a specific Census for PVTGs to better understand their needs in education, health, and housing.

    Conclusion

    • Critical Need for Accurate Data: Effective implementation of development projects for PVTGs hinges on having reliable data.
    • Holistic Approach: The government’s initiative reflects a comprehensive approach to improving the living standards of PVTGs, addressing various aspects of their well-being.
    • Continued Monitoring and Evaluation: Ongoing assessment and adaptation of strategies will be crucial to ensure the success of these development efforts for PVTGs.

  • 75 Years of the Universal Declaration of Human Rights

    human rights

    Central Idea

    • 75th Anniversary: December 10 marked the 75th anniversary of the Universal Declaration of Human Rights, adopted by the UN General Assembly in Paris.
    • Foundation of International Order: Post-World War II, this declaration laid the groundwork for the international order, aiming to prevent future atrocities.

    Understanding the Universal Declaration of Human Rights

    • Document Structure: Comprising a preamble and 30 articles, it outlines fundamental rights and freedoms.
    • Key Provisions: Articles emphasize equality in dignity and rights, non-discrimination, the right to life and liberty, prohibition of slavery and torture, fair trial rights, asylum rights, and freedoms of religion, opinion, expression, and assembly.
    • Right to Education: The declaration also enshrines the right to education for all.

    Origins and Development

    • Post-War Sentiment: Born from the “never again” resolve after the world wars and the Holocaust, it served as a “road map” for individual rights.
    • Drafting Process: Chaired by Eleanor Roosevelt, the drafting committee represented diverse geographical regions, with over 50 countries contributing to the final draft.
    • Global Participation: Despite being drafted during widespread colonial rule, the declaration represented a collective effort, ensuring rights for all, including gender equality.

    Impact and Legacy

    • Non-Binding Nature: While not a treaty or legally binding, its principles have influenced national laws and international human rights treaties.
    • Inspiration for Movements: It spurred decolonization, anti-apartheid, and various human rights movements globally.
    • Universal Standard: Despite criticisms, it remains a universal human rights standard, influencing various subsequent human rights agreements.

    Current Challenges and Relevance

    • Contemporary Conflicts: The declaration’s anniversary comes amid ongoing human rights challenges in conflicts like Israel-Hamas, Russia-Ukraine, and internal strife in Myanmar and Sudan.
    • U.N. Secretary-General’s Concerns: Antonio Guterres noted the misuse and abuse of the declaration, with some governments undermining it.
    • Amnesty International’s View: The organization sees the declaration as a testament to the feasibility of a global human rights vision.
    • Volker Türk’s Perspective: The U.N. High Commissioner for Human Rights emphasizes the declaration’s enduring relevance, urging the world to recognize its successes and learn from its shortcomings.

    Conclusion: Upholding the Universal Declaration

    • Inherent Human Rights: The declaration underscores that human rights are intrinsic to every individual.
    • Leaders’ Responsibility: Leaders are reminded of their duty to uphold these rights, essential for the well-being of the people they serve.

  • Are Crimes against Women on the Rise?

    Central Idea

    • Despite a decline in overall crime rate in 2022, the National Crime Records Bureau (NCRB) report highlights a 4% rise in crimes against women.
    • The crime rate dropped to 258.1 per lakh population in 2022 from 268 per lakh in 2021, but crimes against women increased.

    Nature of Crimes Against Women

    • Major Categories: The majority of crimes included:
    1. Cruelty by husband or relatives (31.4%),
    2. Kidnapping and abduction (19.2%),
    3. Assault with intent to outrage modesty (18.7%), and
    4. Rape (7.1%).
    • Dowry Prohibition Act: 13,479 cases were registered under this act.

    Societal and Legal Perspectives

    • Patriarchal Society: Activists and lawyers attribute the rise to deep-rooted patriarchal mind-sets in Indian society.
    • Legal Framework: Key laws for women’s safety include The Immoral Traffic (Prevention) Act, The Dowry Prohibition Act, The Commission of Sati (Prevention) Act, Protection of Women from Domestic Violence Act, and others.
    • Implementation Challenges: Despite strong laws, their effective implementation remains a challenge.

    Interpretation of Increased Crime Registration

    • NCRB Report Findings: Over 4.45 lakh cases of crimes against women were registered in 2022, indicating a high rate of 66.4 crimes per lakh population.
    • Charge Sheet Filing Rate: The rate of filing charge sheets in such cases was 75.8%.
    • Views on Increased Registration: Some experts view the rise as indicative of women’s increased confidence in approaching police, while others see it as a reflection of persistent inequality and societal attitudes.

    Regional Variations in Crime Registration

    • Delhi’s High Crime Rate: With 14,247 cases, Delhi recorded the highest rate of crimes against women at 144.4 per lakh.
    • Contrast with Other Regions: In many parts of India, especially rural areas, crime registration is low, and fear of police is high.

    Challenges in Law Enforcement and Judiciary

    • Policing Issues: There is a lack of trained police officers for investigations, leading to poor charge sheet preparation.
    • Judicial Delays: Cases take years in trial courts, with appeals extending the duration further.
    • Fast-Track Courts: Despite their existence, fast-track courts for grievous crimes are as slow as regular courts.

    Representation of Women in Police Force

    • Low Proportion: Women police officers’ representation in the force is low, leading to disproportionate workloads and slower charge sheeting and convictions.
    • Ministry of Home Affairs Data: As of January 1, 2022, women constituted only 11.7% of the total state police force.

    Conclusion

    • Need for Strong Political Will: Effective policies and programs are required to elevate women’s status and address the root causes of gender-based violence.
    • Improving Law Enforcement and Judiciary: Enhancing police training, increasing women’s representation in the force, and expediting judicial processes are crucial steps.

  • In news: Operation Storm Makers II

    Central Idea

    • The Interpol operation Storm Makers II against fraud schemes fuelled by victims of human trafficking has unearthed further evidence that the trend is expanding beyond the Southeast Asian region.

    About Operation Storm Makers II

    • This operation was a special mission organized by Interpol Headquarters in Lyon, France.
    • The operation took place from October 16 to 20.
    • It involved law enforcement in 27 countries across Asia and other regions.

    The operation targeted human trafficking and cyber scams. It resulted in:

    1. Rescue of 149 human trafficking victims
    2. Hundreds of arrests
    3. More than 270,000 inspections and police checks

    Back2Basics: INTERPOL

    Details
    Full Name International Criminal Police Organization
    Member Countries Comprises 195 member countries
    Function Facilitates coordination among police forces globally; shares data on crimes and criminals
    Headquarters Located in Lyon, France
    Global Complex Has a Global Complex for Innovation in Singapore
    Satellite Offices Several regional offices in different parts of the world
    India’s Membership Joined in June 1956
    National Central Bureau (NCB) Each member country has an NCB; in India, it’s under the Ministry of Home Affairs (MHA)

    NCBs are the contact points for Interpol’s General Secretariat and other NCBs; run by police officials of the country
    Databases Manages 19 police databases with real-time access to information on crimes and criminals
    Investigative Support Provides forensic, analysis, and assistance in locating fugitives globally
    Red Notice (RN) Issued to alert police worldwide about fugitives wanted for prosecution or to serve a sentence; for provisional arrest pending extradition or similar legal action

  • PM Vishwakarma Scheme: Empowering Traditional Craftspeople

    vishwakarma

    Central Idea

    • The PM Vishwakarma Scheme, launched by the Centre on September 17, has received over 21 lakh applications in two and a half months, data from the Ministry of Skill Development and Entrepreneurship (MSDE) show.

    PM Vishwakarma Scheme

    • The PM Vishwakarma Scheme boasts an impressive allocation of Rs 13,000 crore, fully funded by the Central government.
    • It aims to benefit individuals predominantly from the OBC community engaged in traditional skills and crafts such as carpentry, gold-smithing, masonry, laundry services, and more.
    • The scheme derives its name from Vishwakarma, a revered figure in Hindu mythology known as the architect of the gods.
    • Vishwakarma was the divine carpenter and master craftsman responsible for crafting the gods’ weapons, building their cities and chariots.
    • He is considered the patron deity of workers, artisans, and artists.

    Eligibility for the Scheme

    • Supported Sectors: The PM Vishwakarma Scheme extends assistance to families associated with 18 diverse sectors, including carpentry, boat making, blacksmithing, goldsmithing, pottery, and more.
    • Registration: Vishwakarma workers can register for free through Common Services Centres using the biometric-based PM Vishwakarma portal.

    Features of the Scheme

    • Recognition: Workers will receive recognition through the PM Vishwakarma certificate and ID card.
    • Skill Upgradation: The scheme offers basic and advanced training to enhance skills.
    • Toolkit Incentive: Artisans receive a toolkit incentive of ₹15,000.
    • Credit Support: Collateral-free credit support is provided up to ₹1 lakh (first tranche) and ₹2 lakh (second tranche) at a concessional interest rate of 5%.
    • Digital Transactions: Incentives for digital transactions and marketing support are available.
    • Knowledge Enhancement: A toolkit booklet, available in 12 Indian languages with accompanying videos, helps workers stay updated on new technologies in their field.
    • Skill Training Stipend: Artisans can benefit from a stipend of Rs 500 for skill training and Rs 1,500 for purchasing modern tools.
    • Coverage: The scheme aims to cover five lakh families in the first year and 30 lakh families over five years.
    • Global Integration: It also seeks to integrate Vishwakarma into domestic and global value chains.

    Need for such scheme

    • Traditional craftsmen and skilled artisans, often taught these crafts by family elders, have encountered several hurdles.
    • These include a lack of professional training, access to modern tools, geographical remoteness from relevant markets, and limited capital for investment.

  • Protecting Basic Structure from judicial arbitrariness

    1973: Kesavananda Bharati case - Frontline

    Central idea 

    The article reflects on the 50th anniversary of the Kesavananda Bharati case, emphasizing the enduring significance of the “Basic Structure Doctrine” in safeguarding constitutional pillars. It acknowledges debates surrounding its constitutional validity and introduces insights from jurist Dietrich Conrad, highlighting the need for checks and balances on institutional powers.

    Key Highlights:

    • 50th Anniversary of Kesavananda Bharati Case: Marks the establishment of the “Basic Structure Doctrine” by the Supreme Court of India in 1973, consistently upheld but occasionally questioned for its open-ended nature.
    • Dietrich Conrad’s Contribution: Acknowledges the influence of Dietrich Conrad, a German jurist, whose lecture on “Implied Limitation of the Amending Power” laid the foundation for the Basic Structure doctrine in India.
    • Arun Jaitley’s Critique: Former Finance Minister Arun Jaitley’s critique highlights concerns about the doctrine potentially undermining other constitutional mandates.

    Key Challenges:

    • Constitutional Validity Doubts: Doubts raised about the constitutional validity of the Basic Structure doctrine, questioning its open-ended nature and the exclusive powers it grants to the Supreme Court.
    • Potential Undermining of Other Mandates: Criticisms, exemplified by Arun Jaitley’s statement, argue that the doctrine, while upholding judicial independence, may diminish other vital constitutional structures.

    Key Terms and Phrases:

    • Basic Structure Doctrine: Judicial principle recognizing fundamental features of the Constitution, protecting them from amendments or legislative interventions.
    • Implied Limitation of Amending Power: Concept stressing the need for limitations on powers exercised by institutions, anticipating extreme cases of conflict.

    Key Quotes:

    • “The judgment has upheld the primacy of one basic structure — independence of judiciary — but diminished five other basic structures of the Constitution.” – Arun Jaitley
    • “Any amending body… cannot by its very structure change the fundamental pillars supporting its constitutional authority.” – Dietrich Conrad
    • “The basic structure of our Constitution, like a north star, guides and gives a certain direction to the interpreters and implementers of the Constitution when the path ahead is convoluted.” – Chief Justice D Y Chandrachud

    Key Examples and References:

    • Emergency Period: Recognition that the Basic Structure doctrine prevented potential recasting of the Constitution during the Emergency in 1975.
    • Constitutional Pillars: Arun Jaitley’s reference to the primacy of judicial independence but potential diminishment of parliamentary democracy, elected government, etc.

    Key Facts and Data:

    • Kesavananda Bharati Case: Celebrates the 50th anniversary of the case that established the Basic Structure Doctrine.
    • Legislative Interventions during Emergency: Historical context emphasizing the need for checks and balances on parliamentary powers.

    Critical Analysis:

    • Debate on Doctrine’s Validity: Ongoing debate about the constitutional validity of the Basic Structure doctrine, particularly its potential impact on other constitutional mandates.
    • Checks and Balances Necessity: Acknowledgment of the necessity for judicial checks and balances on parliamentary powers, especially in the context of historical abuses during the Emergency.

    Way Forward:

    • Deeper Understanding of Jurisprudential Foundations: Emphasizes the importance of a fuller appreciation of the jurisprudential foundations of legal doctrines, including the Basic Structure doctrine.
    • Reducing Judicial Arbitrariness: Proposes a thoughtful examination of how judicial arbitrariness in deciding the Basic Structure can be minimized, ensuring greater legitimacy and transparency.
    • Public Demand for Transparency: Addresses the contemporary need for transparency in the functioning of democratic institutions, aligning with a changing information age and public demands.

  • The hypocrisy of Western democracy

    Understanding the Israel-Palestine conflict - Frontline

    Central idea 

    The article explores the tragic situation in Palestine, emphasizing the West’s complicity in enabling Israel’s actions. It highlights the suppression of freedom of expression, media bias, and challenges in Europe, calling for an exposé of Western democracies’ hypocrisies and a truthful reckoning to address the root causes of Palestinian oppression.

    Key Highlights:

    • Tragic Toll: The passage reveals the staggering death toll of over 17,000 Gazans since October 7, underscoring the magnitude of the ongoing tragedy.
    • West’s Enabling Role: The West is implicated in enabling Israel’s actions through support, framing the conflict, and reducing Palestine to the actions of Hamas.

    Key Challenges:

    • Freedom of Expression Suppression: Western societies, despite professing democracy, are suppressing freedom of expression, particularly in universities, where pro-Palestine advocates face public exposure.
    • Media Bias: The media, a significant influencer, is criticized for its overwhelming bias towards Israel, neglecting the historical roots and international illegality of Israeli occupation.

    Key Terms and Phrases:

    • Zionism and Apartheid: These terms highlight ideological aspects and the discriminatory nature of certain Israeli policies.
    • Genocidal Intent and Settler Colonialism: These phrases emphasize the severity of actions and the historical context of Israeli actions in Palestinian territories.

    Key Quotes:

    • “The West has shockingly enabled this [tragedy] in various ways,” pointing to the culpability of Western nations.
    • “The media has been key in framing the Palestine-Israel conflict for 75 years,” exposing the media’s role in shaping public perception.

    Key Examples and References:

    • University Actions: Instances of Harvard and Columbia exposing details of pro-Palestine students highlight the suppression faced by advocates.
    • European Countries’ Stance: The passage cites bans on pro-Palestinian protests in countries like the U.K., France, Germany, and Italy as concrete examples of European support for Israel.

    Key Facts and Data:

    • Death Toll: Over 17,000 Gazans killed since October 7, quantifying the scale of the tragedy.
    • Harvard’s Philanthropy Dependency: Highlighting that 45% of Harvard’s revenue in 2022 came from philanthropy underscores the potential influence of donors.

    Critical Analysis:

    • Suppression of Free Speech: The critical analysis underscores the severe impact of suppressing freedom of expression on informed dialogue.
    • Media’s Role: Emphasizing media bias prompts reflection on the potential manipulation of public opinion.

    Way Forward:

    • Expose Hypocrisies: Advocates for change should actively expose the hypocrisies of Western democracy, challenging the status quo.
    • Acknowledge Complicity: A call to acknowledge Western complicity in Palestinian oppression encourages introspection and accountability.
    • Listen to Dissenting Voices: Encouraging the acknowledgment of dissenting voices, including Jewish dissenters, fosters a more inclusive dialogue.
    • Truthful Reckoning: Highlighting the need for a truthful reckoning emphasizes the importance of understanding historical roots and actions for a sustainable resolution.

  • Expulsion of MP from Lok Sabha

    MP expulsion mahua moitra

    Central Idea: Expulsion of Mahua Moitra

    • A Member of Parliament from West Bengal was expelled from the Lok Sabha over allegations of a cash-for-query scandal.
    • Her expulsion highlights the importance of maintaining strict ethical standards and parliamentary etiquette in legislative proceedings.

    Parliamentary Etiquette and Rules

    • Expected Conduct of MPs: MPs must adhere to rules of parliamentary etiquette, such as not interrupting speeches, maintaining silence, and avoiding obstruction during debates.
    • Updated Rules for Modern Protests: In 1989, rules were updated to include prohibitions against shouting slogans, displaying placards, tearing documents, and using electronic devices for protest in the House.
    • Rajya Sabha’s Similar Rules: The Rajya Sabha, like the Lok Sabha, has similar rules to ensure smooth conduct of proceedings.

    Power of Suspension in Parliament

    • Presiding Officer’s Authority: The presiding officer of each House can direct an MP to withdraw from the chamber for disorderly conduct, resulting in absence for the day.
    • Naming and Suspension Process: MPs obstructing House business can be “named” by the presiding officer, leading to a possible suspension motion by the Parliamentary Affairs Minister.
    • Duration of Suspension: Suspensions can last until the end of the session.

    Legal Recourse: Approaching the Supreme Court

    • Option for Judicial Review: The expelled MP has the option to challenge the expulsion in the Supreme Court, as explained by former Lok Sabha Secretary General P D T Achary.
    • Constitutional Provisions: Article 122 of the Constitution provides immunity to parliamentary proceedings from judicial scrutiny based on procedural irregularity.
    • Scope for Judicial Review: Despite this immunity, the Supreme Court in the 2007 Raja Ram Pal case clarified that judicial review is possible in cases of substantive or gross illegality.

    The Raja Ram Pal Case (2007)

    • Case Background: Raja Ram Pal, a BSP leader, was among 12 MPs expelled in the 2005 cash-for-query scam.
    • Supreme Court’s Stance: The Court upheld the expulsion but noted that proceedings tainted by substantial illegality are open to judicial scrutiny.
    • Judicial Review of Parliamentary Actions: The Court affirmed its role in scrutinizing legislative actions that infringe on fundamental rights.

    Article 105 of the Constitution

    • Powers and Privileges of Parliament: Article 105 deals with the powers, privileges, and immunities of Parliament and its Members.
    • Judicial Scrutiny of Privilege Enforcement: The Court recognized that the enforcement of privilege by the legislature can be subject to judicial review, within certain constitutional limits.

    Grounds for Challenging Expulsion

    • Examining Privilege and Procedure: The court can scrutinize whether the privilege cited for expulsion existed and if proper procedures were followed.
    • Functioning of Committees: The roles of the Privileges Committee and Ethics Committee are distinct, focusing on investigating misconduct and ensuring dignity in the House.
    • Investigative Procedures: Proper investigative procedures, including the right to depose and cross-examine, are essential for fairness and truth-finding.

    Determining Offense and Punishment

    • Article 20 of the Constitution: This article stipulates that punishment requires an existing law defining the act as an offense.
    • Case-Specific Issues: In the case of the expelled MP, issues like sharing Parliament login-passwords and accepting money for questions are examined for rule violations.
    • Breach of Privilege and Inquiry: Accepting money for asking questions in Parliament is a breach of privilege warranting inquiry by the Privileges Committee.

    Conclusion

    • Ongoing Debate and Implications: The case continues to spark debate on the limits of parliamentary privilege, the role of the judiciary, and the ethical standards expected of elected representatives.
    • Balancing Authority and Rights: The expulsion case underscores the delicate balance between parliamentary authority and the rights of its members.
    • Importance of Judicial Oversight: The potential for judicial review emphasizes the importance of legal oversight in maintaining democratic principles and fairness in legislative processes.