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GS Paper: GS2

  • Centre extends Ujjwala Subsidy by another Year

    In the news

    • In pretext of the upcoming Lok Sabha elections, the Union Cabinet approved the extension of the subsidy under the Pradhan Mantri Ujjwala Yojana (PMUY) for LPG cylinders, offering a subsidy of ₹300 (earlier ₹200) per cylinder for up to 12 refills per year.

    About Ujjwala Scheme

    Details
    Launch 1 May 2016
    Introduced By Ministry of Petroleum and Natural Gas
    Aim Provide clean cooking fuel (LPG) to rural and disadvantaged households, reducing reliance on traditional fuels like firewood, coal, and cow dung cakes.
    Phases
    1. Phase I: Launched on May 1, 2016, aimed to release 8 Crore LPG connections by March 2020.
    2. Ujjwala 2.0: Aimed to release an additional 1 crore LPG connections, achieved in January 2022, subsequently expanded to release an additional 60 lakh LPG connections.
    Financial Support ₹1600 financial assistance provided for each LPG connection to Below Poverty Line (BPL) households.
    Deposit-Free Connections Beneficiaries receive deposit-free LPG connections, including the first refill and a free hotplate.
    Benefits
    • Eligible beneficiaries receive a free LPG connection.
    • Subsidy on the first six refills of 14.2 kg cylinders or eight refills of 5 kg cylinders.
    • Option to use EMI facility for stove and first refill costs.
    • Opportunity to join the PAHAL (Pratyaksh Hanstantrit Labh) scheme for direct subsidy transfers to bank accounts.

    Try a similar PYQ from CSE Prelims 2018:

    With reference to Pradhan Mantri Kaushal Vikas Yojana, consider the following statements:

    1. It is the flagship scheme of the Ministry of Labour and Employment.
    2. It, among other things, will also impart training in soft skills, entrepreneurship, financial and digital literacy.
    3. It aims to align the competencies of the unregulated workforce of the country to the National Skill Qualification Framework.

    Which of the statements given above is/are correct?

    (a) 1 and 3 only

    (b) 2 only

    (c) 2 and 3 only

    (d) 1, 2 and 3

  • Ensure Pakistan does not divert loans to foot defence bills: India to IMF

    Ensure Pakistan does not divert loans to foot defence bills: India to IMF

    Why in the News?

    India stresses the need for stringent monitoring during a recent review of the loan to Pakistan when the new PM Shehbaz Sharif seeking additional funding support from the IMF.

    Background:

    • Taking a tough stance, India has batted for “stringent monitoring” of any emergency funds provided by the International Monetary Fund (IMF) to Pakistan, stressing that such funds must not be redeployed towards defense bills or repayment of loans from other countries.
    • India’s position was put across to the IMF’s executive board during a recent review of an ongoing $3 billion short-term Stand-By Arrangement (SBA) granted to Pakistan by the Fund.

    About International Monetary Fund (IMF):

    • The IMF works to achieve sustainable growth and prosperity for all of its 190 member countries.
    • It does so by supporting economic policies that promote financial stability and monetary cooperation, which are essential to increase productivity, job creation, and economic well-being.
    • The IMF is governed by and accountable to its member countries.

    Aims and Objectives:

    • Furthering international monetary cooperation;
    • Encouraging the expansion of trade and economic growth;
    • Discouraging policies that would harm prosperity.

    Functions of IMF:

    • Policy Advice: As part of this process, which takes place at the global and regional levels, the IMF identifies potential risks and recommends appropriate policy adjustments to sustain economic growth and promote financial stability.
    • Financial Advice: The IMF provides financial support to countries hit by crises to create breathing room as they implement policies that restore economic stability and growth. It also provides precautionary financing to help prevent crises. IMF lending is continuously refined to meet countries’ changing needs. The causes of crises can be domestic, external, or both.
      • Domestic factors include inappropriate fiscal and monetary policies, which can lead to large current account and fiscal deficits and high public debt levels; an exchange rate fixed at an inappropriate level, which can erode competitiveness and result in the loss of official reserves, and a weak financial system. Political instability and weak institutions also can trigger crises.
      • External factors include shocks ranging from natural disasters to large swings in commodity prices. With globalization, sudden changes in market sentiment can result in capital flow volatility. Both are common causes of crises, especially for low-income countries.

    Significance of IMF monitoring:

    • Essential in identifying risks that may require remedial policy adjustments.
    • International cooperation on these efforts is critical in today’s globally integrated economy, in which the problems or policies of one country can affect many others.
    • Focuses on individual countries or bilateral surveillance, and the global economy or multilateral surveillance.

    Conclusion: There is uncertainty around Pakistan’s ability to quickly negotiate a new IMF program after the current one expires in April 2024 remains very high. Pakistan’s government liquidity and external vulnerability risks will remain very high until there is clarity on a credible longer-term financing plan

  • Ladakh and the Sixth Schedule of the Constitution

    In the news

    • A shutdown and protest rally in Ladakh recently demanded statehood for the newly created Union Territory (UT) and its inclusion in the Sixth Schedule of the Constitution.
    • This highlights a broader issue concerning governance and autonomy in the region.

    Centre’s Offer to Ladakh Representatives

    • Article 371-like Protections: MHA offered to extend Article 371-like protections to Ladakh, addressing concerns raised by the Leh Apex Body (ABL) and the Kargil Democratic Alliance (KDA).
    • Exclusion from Sixth Schedule: While acknowledging concerns, the government opts against including Ladakh in the Sixth Schedule, indicating a different approach to address regional issues.

    Background: Ladakh’s Governance Post Article 370 Repeal

    • Recognition as Union Territory: Post the repeal of Article 370, Ladakh was recognized as a separate Union Territory “without legislature,” akin to UTs like New Delhi and Pondicherry.
    • Demand for Sixth Schedule Inclusion: Organizations like ABL and KDA have advocated for Ladakh’s inclusion under the Sixth Schedule, seeking greater autonomy in governance.

    What is the Sixth Schedule?

    • Article 244 in Part X of the Constitution outlines a special system of administration for designated ‘scheduled areas’ and ‘tribal areas.’
    • The Fifth Schedule deals with scheduled areas and tribes in states except Assam, Meghalaya, Tripura, and Mizoram (ATM2).
    • The Sixth Schedule focuses on tribal areas in these four northeastern states.

    Salient Features of Sixth Schedule:

    (1) Autonomous Districts

    • Tribal areas are constituted as autonomous districts within the executive authority of the state.
    • The governor holds powers to organize and re-organize these districts, including boundary changes and division into autonomous regions.

    (2) District and Regional Councils:

    • Each district council consists of 30 members, including nominated and elected
    • Regional councils also exist within autonomous regions.
    • These councils administer areas under their jurisdiction, making laws on specific matters with the governor’s assent.
    • They can establish village councils or courts for dispute resolution, with specified jurisdiction over appeals.
    • District councils manage various facilities and services within their areas, including education and healthcare.
    • They also have the authority to impose taxes and regulate certain activities.

    (3) Laws Exemptions and Modifications:

    • Acts of Parliament or state legislatures may not apply directly or may apply with modifications.
    • The president or governor holds the power of direction in this regard, depending on the region.

    (4) Governor’s Authority:

    • The governor may appoint a commission to examine and report on matters concerning autonomous districts or regions.
    • He/she also has the authority to dissolve a district or regional council based on commission recommendations.

    Tribal Areas under Sixth Schedule

    • Assam: North Cachar Hills District, Karbi Anglong District, Bodoland Territorial Areas District.
    • Meghalaya: Khasi Hills District, Jaintia Hills District, Garo Hills District.
    • Tripura: Tripura Tribal Areas District.
    • Mizoram: Chakma District, Mara District, Lai District.

    Reasons for such Demands in Ladakh

    • Cultural Autonomy: Tribes in Assam, Meghalaya, Tripura, and Mizoram maintain distinct cultures, customs, and civilizations. Unlike tribes in other parts of India, they have not assimilated much with the majority population.
    • Meeting tribal aspiration: The Parliamentary standing committee recommended including of Ladakh in the Sixth Schedule because its tribal communities account for 79.61% of its total population.
    • Autonomy and self-governance: Extending the Sixth Schedule to Ladakh could provide greater autonomy and self-governance to the local tribal communities.
    • Cultural preservation: It could also help to protect the unique cultural identity of the local communities and preserve their traditional practices and customs.

    Challenges posed by this demand

    • Fragmentation: The demand to extend the Sixth Schedule to Ladakh has faced some opposition from certain quarters, who argue that it could lead to further fragmentation of the region and create new administrative challenges.
    • Losing political capital: There are also concerns over the potential impact of the demand on the political and administrative structure of the region.

    Conclusion

    • While stopping short of Sixth Schedule inclusion, MHA’s move demonstrates a commitment to balancing local autonomy with national governance priorities.
    • If implemented, it would mark the first instance of special provisions being introduced for a Union Territory, potentially setting a precedent for future governance arrangements in such regions.

    Try this PYQ from CSE Prelim 2015:

    Q.The provisions in the Fifth Schedule and Sixth Schedule in the Constitution of India are made to:

    (a) Protect the interests of Scheduled Tribes

    (b) Determine the boundaries between states

    (c) Determine the powers, authorities, and responsibilities of Panchayats

    (d) Protect the interests of all the Border States

  • Kerala to launch affordable ‘Sabari K-Rice ‘

    In the news

    • The Kerala government’s decision to introduce ‘Sabari K-Rice’ is seen as a response to the Union government’s distribution of ‘Bharat Rice.’

    Bharat Rice and Other Commodities

     

    • ‘Bharat’ Rice refers to the retail sale of rice by the Food Corporation of India (FCI) to the general public at a subsidized price.
    • Its primary objective is to stabilize markets and ensure affordability for consumers.
    • This rice is available in 5kg and 10kg packs priced at ₹29/kg.
    •  It is distributed through cooperatives such as Kendriya Bhandar, National Agricultural Cooperative Marketing Federation of India (NAFED), and National Cooperative Consumers’ Federation of India (NCCF).
    • Additionally, it can be purchased from mobile vans and physical outlets of these cooperative agencies.
    • Moreover, these agencies also offer ‘Bharat Atta’ (wheat flour) at Rs. 27.50 per kg in 5kg and 10kg packs.
    • Similarly, ‘Bharat Dal’ (chana dal / Chickpea) is available at Rs. 60 per kg for a 1kg pack and Rs. 55 per kg for a 30kg pack, along with onions priced at Rs. 25 per kg.

    Sabari K-Rice

    • Objective: It aims to provide good quality rice at affordable rates, presenting an alternative to the existing subsidized rice scheme.
    • Distribution: K-Rice will be made available through Supplyco outlets, alongside the existing subsidized rice supply of 10 kg per card.
    • Quality and Pricing: K-Rice offers high-quality varieties at subsidized rates, contrasting with Bharat Rice sold by NAFED and NCCF at different prices.
    • Price Discrepancy: While Bharat Rice sells at ₹29 per kg, K-Rice aims to provide affordable rates, with the state government incurring additional costs to distribute it.

  • Have India’s health centres really ‘collapsed’?

    health centres

    In the news

    • Public health centres in India have long been shrouded in infamy, perceived as symbols of systemic failure.
    • The effectiveness of primary healthcare in India has always been a topic of discussion, with calls for strengthening these services through government commitment to accessibility, affordability, and quality care.

    PYQ from CSE Mains 2021:

     

    Q. “Besides being a moral imperative of a Welfare State, primary health structure is a necessary precondition for sustainable development.” Analyse.

    Health Centres in India

    • Primary Health Centres (PHCs) also known as Public HCs play a crucial role in providing comprehensive healthcare services to the population.
    • The first PHC in India was established following the proposal of the PHC concept in a paper submitted to the Executive Board of the World Health Organization (WHO) in January 1975.
    • The establishment of PHCs gained further momentum with the International Conference on PHC held in Alma Ata, Kazakhstan in 1978.
    • They are a fundamental component of the healthcare system, with Medical Officers at these centers required to hold an MBBS degree.
    • India boasts a vast public health infrastructure with 23,391 PHCs and 145,894 sub-centers, serving a substantial percentage of the population.
    • PHCs cover a significant portion of outpatient care, including services for non-communicable diseases, maternal health, and child health.

    Importance of Health Centres

    • Foundational Role: Health centres form the backbone of India’s public health system, providing primary care to millions.
    • Access and Affordability: With nearly two lakh centres across the country, they aim to offer accessible and affordable healthcare, particularly in rural areas.
    • Impact on Equity: Effective health centres can mitigate social and health inequities, reducing reliance on costly private healthcare and preventing households from falling into poverty due to healthcare expenses.

    Unveiling the Reality

    • Evidence of Progress: Surveys conducted across five states reveal a pattern of improving quality and utilization of health services over time, albeit at a slow pace.
      1. In Himachal Pradesh, functional health centres serve 83% of the population.
      2. Chhattisgarh has shown a radical expansion in the public provision of healthcare, with increased facilities, medicines, and staff presence.
      3. Bihar lags behind, with dismal quality of health centres and some sub-centres being dormant or non-existent.
    • Policy Interventions: Increased health expenditure, initiatives like the National Rural Health Mission, and state-specific schemes have contributed to incremental improvements.
      1. The share of health expenditure in the Union Budget increased drastically.
      2. The National Health Mission’s share shrank from 69% to 44%, while allocations for the Ayushmann Bharat program and new AIIMS hospitals surged.
      3. COVID-19 led to a sustained increase in patient utilization of public health facilities, indicating growing trust in the system.

    Challenges and Gaps

    • Underutilization: Despite improvements, health centres still face challenges such as high staff absenteeism, limited services, and poor infrastructure.
    • Lacunas: Health workers report irregular flow of funds, lack of facilities like toilets and transport, and inadequate supply of drugs and testing equipment.
    • Social Discrimination: Caste and gender dynamics influence access to and quality of healthcare, perpetuating inequalities. Upper-caste doctors display disparaging attitudes towards marginalized communities, while upper-caste families disrespect Dalit ANMs.
    • Gender Disparities: Women, particularly frontline health workers, play a crucial role in rural health settings but often face neglect and discrimination.

    Way forward

    • Holistic Investment: While progress has been made, it remains patchy, with allocations often prioritizing tertiary healthcare over primary care.
    • Designated allocations: The composition of the healthcare budget has remained stagnant, with minimal increases in the share allocated to primary healthcare.
    • Policy Reform: The paper advocates for substantial support from the central government to enable poorer states to replicate successful initiatives and enhance the role of health centres in public healthcare delivery.

    Conclusion

    • India’s health centres, though fraught with challenges, embody resilience and potential.
    • By addressing systemic gaps and prioritizing primary healthcare, the nation can harness the transformative power of these centres to achieve equitable and accessible healthcare for all.

  • Holistic Progress Card (HPC): Revolutionizing Student Assessment

    Holistic Progress Card

    In the news

    • The traditional report cards of students are undergoing a transformation with the introduction of the Holistic Progress Card (HPC) by the National Council for Educational and Research Training (NCERT).
    • This innovative approach aims to evaluate not just academic performance but also various aspects of a child’s holistic development.

    What is the Holistic Progress Card (HPC)?

    • 360-Degree Evaluation: Departing from the conventional marks or grades-based assessment, the HPC adopts a comprehensive evaluation approach.
    • Student-Centric Assessment: Students are actively engaged in the assessment process through class activities, allowing them to demonstrate diverse skills and competencies.
    • Peer and Self-Assessment: Students participate in evaluating their own and their classmates’ performance, fostering self-awareness and peer collaboration.

    Key Features of the HPC

    • Classes Involved: The HPC was created for the foundational stage (Classes 1 and 2), preparatory stage (Classes 3 to 5), and middle stage (Classes 6 to 8). Efforts are currently underway to develop a similar framework for the secondary stage.
    • Parameters of Evaluation: Besides academics, students are evaluated on self-awareness, relationships, problem-solving, emotional intelligence, and creativity. Students reflect on their progress after each activity by circling statements like “I learned something new,” “I expressed creativity,” or “I helped others.”
    • Method of Evaluation:
      1. Self-Assessment: Included in the HPC for all students from Class 1 to Class 8. In middle school (Classes 6 to 8), students set academic and personal goals with specific timelines at the start of the year. The middle stage HPC also involves an “ambition card” where students list their goals for the year and areas for improvement, along with the skills and habits needed to achieve them.
      2. Parental Involvement: Parents provide feedback on homework completion, classroom engagement, and the child’s ability to balance screen time with extracurricular activities at home, thus connecting home and school.
      3. Peer Evaluation: Students evaluate their classmates’ participation in learning and engagement after each classroom activity.

    Implementation and Adoption

    • Rollout across States: The HPC has been sent to all states and Union Territories, with several already adopting it for Classes 1 to 8.
    • Regional Customization: States have the flexibility to modify the HPC to suit their regional requirements while adhering to the overarching principles.

    Rationale behind the Change

    • Focus on Higher-Order Skills: The shift from rote memorization to higher-order skills evaluation aligns with the objectives of NEP 2020 and NCF SE.
    • Promotion of Holistic Development: The HPC aims to communicate students’ strengths and areas of improvement, fostering self-esteem and self-awareness.

    Benefits and Implications

    • Comprehensive Evaluation: The HPC promotes a holistic assessment approach, encompassing academic achievements and critical skill development.
    • Shift to Formative Assessment: By emphasizing formative assessment, the HPC encourages competency-based evaluation and continuous improvement.
    • Insights for Teachers and Parents: Teachers and parents gain valuable insights into each student’s learning journey, enabling personalized support and guidance.

    Conclusion

    • The introduction of the Holistic Progress Card marks a significant step towards redefining student assessment in India.
    • By prioritizing holistic development and competency-based evaluation, the HPC aims to nurture well-rounded individuals capable of thriving in a rapidly evolving world.

  • The long road to reforming India’s political party system

    Why in the News?

    Recent political events make one doubt the perceived need and utility of India’s Anti-defection law.

     Context:

    • Political Defections prevalent across India:
      • In Bihar, MLAs from Congress and RJD shifted to BJP, leading to disqualifications under the anti-defection law. Similar incidents occurred in Himachal Pradesh and Andhra Pradesh.
      • A recent adjudicatory development in Maharashtra raised doubts on the necessity of India’s anti-defection law, where factions within NCP were not disqualified based on intra-party dissent.
    • Need for better inner-party democracy: The Speaker highlighted the challenges in applying the anti-defection law effectively, emphasizing the need for better inner-party democracy reforms to address political defections and ensure legislative stability.

     Transgressions that pass muster /Challenges with Anti-defection law:

    • Intra-party dissent and Anti-defection law: The Speaker’s decision in the NCP split case highlights the complexity of applying the anti-defection law to intra-party dissent. The intra-party dissent cannot be subject to the punitive provisions of the Tenth Schedule due legislative majority.
    • Mergers and Anti-defection law: Under the current anti-defection law, a faction that splits from its original party cannot claim exemption from disqualification, as the “split” exception was deleted from the Tenth Schedule in 2003.
      • The only exemption available now is that of mergers, which mandatorily require a minimum of two-third members to separate from their political party and merge with another.
    • The Speaker’s observations: The Speaker’s concern for preservation of inner-party dissent is laudable, but the observation that it is in the nature of politics for leaders to form new alliances and break into new forms raises concern about the effectiveness of the anti-defection law.
    The issue of inner-party democracy:

    • The issue of inner-party democracy in India underscores the lack of democratic processes within political parties, leading to challenges like dynastic politics, nepotism, and ineffective candidate selection.
    • Presently, there is no statutory backing for internal democratic regulation of political parties in India and the only governing provision is under Section 29A of the Representation of the Peoples’ Act, 1951 which entails registration of political parties with the Election Commission of India.
    • Reports from the 2nd ARC, the National Commission to Review the Working of the Constitution and the Law Commission have both recommended introducing statutes to enforce internal democracy for political parties.

     Way Forward:

    • Need for Robust democratic structures: The 255th Report of the Law Commission of India proposed amendments to the Representation of the People Act, 1951 which could mandate that besides having a constitution, political parties elect an executive committee (for the party), select candidates who are to contest elections to Parliament or State Assemblies, and conduct regular elections within the party at every level.
    • Need for Statutory regulation: The Law Commission also proposed granting the Election Commission of India the powers to impose monetary penalties or withdraw the registration of a political party in case it failed to comply.

    BACK2BASICS

    About Anti-Defection Law in India:

    • The Anti-Defection Law in India, introduced in 1985 through the Tenth Schedule of the 52nd Amendment to the Constitution, aims to limit political defections and ensure democratic stability by curbing unethical practices.
    • This law prohibits elected representatives from defecting to another party after being elected, thereby promoting party discipline and preventing opportunistic defections that can destabilize governments.
    • Despite its significance, there have been calls for reforming the anti-defection law to address challenges and ensure its effectiveness in maintaining the integrity of the political system.
    Mains:

    1) “The Indian party system is passing through a phase of transition which looks to be full of contradictions and paradoxes.” Discuss. [UPSC CSE 2016]

    Prelims:

    1) Which one of the following Schedules of the Constitution of India contains provisions regarding anti-defection? [UPSC CSE 2014]

    a) Second Schedule

    b) Fifth Schedule

    c) Eighth Schedule

    d) Tenth Schedule

  • SC ends Immunity for Legislators taking Bribes

    In the news

    • A seven-judge Constitution Bench of the Supreme Court, headed by Chief Justice of India DY Chandrachud, delivered a significant judgment regarding parliamentary privilege and criminal prosecution.
    • The verdict overturned a 1998 ruling in PV Narasimha Rao Case that granted immunity to lawmakers accepting bribes if they subsequently voted or spoke in the House

    Also read:

    Legislators Immunity against Criminal Prosecution

    What are Parliamentary Privileges?

    Details
    Definition Special rights, immunities, and exemptions enjoyed by Parliament, its committees, and members.

    Defined in Article 105 of the Indian Constitution.
    Scope Applies to Parliament, committees, and members.
    Freedom of Speech Guaranteed under Article 105(1).

    Subject to rules and procedures of Parliament (Article 118).
    Limitations to Free Speech Speech must comply with constitutional provisions.

    Cannot discuss judges’ conduct (Article 121), except for motions for their removal.
    Freedom from Arrest Immunity from arrest in civil cases 40 days before and after sessions.

    House permission needed for arrest within Parliament limits.
    Notification of Arrest Chairman/Speaker must be informed of any member’s arrest.
    Right to Prohibit Publication No liability for publishing reports, discussions under member’s authority (Article 105(2)).
    Right to Exclude Strangers Members have power to exclude non-members from proceedings.

     

    Immunity against Bribe: Constitutional Provisions Examined

    • Article 105(2): This article grants immunity to members of Parliament from court proceedings concerning their actions (speech or votes) in Parliament.
    • Article 194(2): Similarly, this article extends immunity to members of state assemblies.

    Court’s Review and Interpretation

    • PV Narasimha Rao Case: In 1998, the Supreme Court ruled with a 3:2 majority that MPs and MLAs were immune from prosecution in bribery cases as long as they fulfilled their end of the bargain.
    • Judicial Scrutiny of Privilege: The Court revisited the interpretation of Articles 105(2) and 194(2), challenging the traditional understanding of absolute immunity for lawmakers.
    • Historical Context: It noted that India’s parliamentary privileges stem from statutory and constitutional sources, unlike the UK’s House of Commons, which has ancient and undoubted rights.

    Key Findings and Interpretations

    • Necessity Test Applied: The Court applied a “necessity test” to determine the legitimacy of claims to parliamentary privilege, emphasizing that accepting bribes cannot be deemed necessary for lawmakers to discharge their duties.
    • Emphasis on Probity: The ruling underscored the importance of probity in public life, highlighting the corrosive impact of corruption on democratic ideals.
    • Interpretation of Offense: It clarified that the act of accepting a bribe constitutes an offense, regardless of subsequent actions by the lawmaker in the House.

    Conclusion

    • The Supreme Court’s ruling represents a significant departure from past precedent, affirming the principle that no individual, including legislators, is above the law.
    • By asserting the judiciary’s role in scrutinizing claims of parliamentary privilege, the Court reaffirmed the primacy of constitutional values and accountability in governance.
    • This landmark judgment underscores the judiciary’s commitment to upholding the rule of law and combating corruption, thereby bolstering India’s democratic foundations.

  • India’s Bail System: Challenges and Prospects

    bail

    In the news

    • India’s bail system faces significant challenges, resulting in a large number of undertrials remaining in prison despite being granted bail.
    • The complexities of complying with bail conditions, especially for marginalized individuals, exacerbate the situation.

    Bail Provisions in India

    Description
    What is Bail? The conditional release of a defendant with the promise to appear in court when required. It also refers to the security deposit to secure the release of the accused.
    Types of Bail in India
    • Regular bail: Granted to a person in police custody, applied for under section 437 and 439 of CrPC.
    • Interim bail: Short-term bail granted before the hearing for regular or anticipatory bail.
    • Anticipatory bail: Granted under section 438 of CrPC by session court or High Court, to avoid potential arrest for a non-bailable offense.
    Case in Bailable Offences Section 436 states that accused of a bailable offence under IPC can be granted bail if:

    1. There’s reason to believe the accused didn’t commit the offence.
    2. There’s need for further inquiry.
    3. Accused isn’t charged with an offence punishable by death, life imprisonment, or up to 10 years’ imprisonment.
    Bail for Non-Bailable Offences Section 437 states that accused doesn’t have the right to apply for bail. Bail may be granted if:

    1. Accused is a woman or child.
    2. Lack of evidence.
    3. Delay in lodging FIR.
    4. Accused is gravely sick.

    Understanding the Crisis in Bail System

    • Overrepresentation of Undertrials: Over 75% of India’s prison population comprises undertrials, reflecting systemic inefficiencies in the bail system.
    • Judicial Reluctance: Chief Justice of India D.Y. Chandrachud highlighted a growing reluctance among trial judges to grant bail, leading to a situation where incarceration becomes the norm.
    • Bail Backlog: The backlog of bail applications further exacerbates the problem, prolonging the detention of undertrials awaiting trial.

    Judicial Acknowledgment and Guidelines

    • Supreme Court’s Observations: The Supreme Court acknowledged the ineffectiveness of India’s bail system in the case of Satender Kumar Antil vs CBI, emphasizing the principle of ‘bail not jail’.
    • Need for Legislative Action: The Court urged the enactment of separate legislation and laid down comprehensive guidelines to streamline bail procedures.
    • Delayed Disposal of Applications: Despite court directives, delays in the disposal of bail applications contribute to prolonged detention of undertrials.

    Empirical Assessment and Policy Reforms

    • Lack of Empirical Evidence: The absence of empirical data hampers efforts to understand the bail system’s challenges comprehensively.
    • Socio-economic Barriers: Bail laws disproportionately burden marginalized individuals, necessitating reforms based on a realistic assessment of the problem.
    • No Data-driven Reform: Policymakers should prioritize empirical research to inform evidence-based policy reforms aimed at addressing systemic inequalities.

    Safeguards and Adjudication Practices

    • Arrest Safeguards: Existing safeguards against arbitrary arrest often exclude vulnerable populations, contributing to the high proportion of undertrials.
    • Discretionary Adjudication: Courts exercise discretion in granting bail, but guidelines lack clarity on how socioeconomic factors influence bail decisions.
    • Recording Reasons for Bail Denial: Courts should be mandated to record detailed reasons for denying bail, promoting transparency and accountability in the adjudication process.

    Bail Compliance Challenges

    • Financial Hurdles: Many undertrials struggle to comply with bail conditions due to financial constraints and lack of local sureties.
    • Structural Disadvantages: Factors like lack of residence proof and family support further hinder undertrials’ ability to comply with bail conditions.
    • Support Mechanisms: Establishing support mechanisms to assist undertrials in navigating the bail process and fulfilling conditions can alleviate compliance challenges.

    Why bail needs reform?

    • Indiscriminate arrests: Of this category of prisoners, majority may not even be required to be arrested despite registration of a cognizable offense, being charged with offenses punishable for seven years or less.
    • Disadvantageous for some sections: They are not only poor and illiterate but also would include women. Thus, there is a culture of offense being inherited by many of them.
    • Colonial legacy: Theoretically, the court also linked the idea of indiscriminate arrests to magistrates ignoring the rule of “bail, not jail” to a colonial mindset.

    Way forward

    • No Flawed Assumptions: The current bail system operates on flawed assumptions about the accused’s socio-economic status, rendering ‘bail not jail’ meaningless for many.
    • Call for Bail Reform: Meaningful bail reform necessitates a reevaluation of these assumptions and a data-driven approach to diagnose systemic issues.
    • Holistic Approach: Reform efforts should adopt a holistic approach, addressing both procedural inadequacies and socio-economic barriers to ensure equitable access to bail.

    Conclusion

    • India’s bail system stands at a critical juncture, with an urgent need for reform to address systemic inefficiencies and ensure justice for all.
    • Empirical research, legislative action, and judicial scrutiny are essential components of a comprehensive reform agenda.

    Try this PYQ from CSE Prelims 2021:

    With reference to India, consider the following statements:

    1. Judicial custody means and accused is in the custody of the concerned magistrate and such accused is locked up in a police station, not in jail.
    2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

    [wpdiscuz-feedback id=”wwodi0ynqz” question=”Please leave a feedback on this” opened=”1″]Post your responses here.[/wpdiscuz-feedback]

  • Punjab-Himachal dispute over the Shanan Hydropower Project

    Shanan Hydropower Project

    In the news

    • A longstanding dispute between Punjab and Himachal Pradesh over the ownership of the Shanan hydropower project has escalated, leading to legal intervention by both parties.
    • As the 99-year-old lease of the project expired on March 2, the Centre has issued orders to maintain status quo until a final decision is reached.

    Shanan Hydropower Project and the Dispute

    • Location: It is located on the Uhl River, a tributary of the Beas River, in Mandi district, Himachal Pradesh, India.
    • British-era Lease: The 110-MW Shanan hydel project was leased to Punjab in 1925 by the then-ruler of Mandi, Raja Joginder Bahadur, under a 99-year lease agreement.
    • Competing Claims: Himachal Pradesh contends that the project should revert to its control upon the expiry of the lease, citing historical and legal grounds for its claim.
    • Economic Significance: The project has significant economic implications for both states, contributing to their power generation capacities and regional development.

    Punjab’s Claims over the Project

    • Historical Ownership: The project historically supplied power to undivided Punjab and Delhi before Independence, and it was allocated to Punjab during the reorganization of states in 1966.
    • Legal Basis: Punjab asserts its legal control over the project under the provisions of the Punjab Reorganisation Act, 1966, reinforced by a central notification issued in 1967.
    • Utilization of Resources: Punjab argues that it has invested in the maintenance and operation of the project, making it a vital component of its energy infrastructure.

    Legal Proceedings and Centre’s Intervention

    • Supreme Court Petition: Punjab has filed a suit in the Supreme Court, seeking a permanent injunction against Himachal Pradesh from disturbing its lawful possession of the project.
    • Interim Status Quo Order: The Centre, invoking its powers under relevant laws, has ordered the status quo on the project’s functioning until a final decision is made, emphasizing the public interest in maintaining stability.
    • Legal Interpretation: The interpretation of historical agreements and legislative acts will be pivotal in determining the rightful ownership of the project.

    Implications and Future Course of Action

    • Interim Measure: The Centre’s order is an interim measure to prevent disruption in the functioning of the Shanan Power House until the dispute is resolved.
    • Legal Framework: Both parties are expected to proceed further within the legal framework to settle the dispute, ensuring adherence to due process and fairness.
    • Regional Cooperation: A collaborative approach between Punjab and Himachal Pradesh, facilitated by federal authorities, could lead to a mutually beneficial resolution and promote inter-state harmony.