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GS Paper: GS2

  • Bangalore Principles of Judicial Conduct

    banglore

    The Supreme Court of India has directed the Registrar General of the Calcutta High Court to investigate an alleged interview given by a judge to a news channel in which he made remarks against a politician. This is cited against Bangalore Principles of Judicial Conduct.

    What are Bangalore Principles?

    • The Bangalore Code of Judicial Conduct was drafted in 2001 for the Judicial Group on Strengthening Judicial Integrity and presented to the Round Table Meeting of Chief Justices in November 2002.
    • Resolution 23 of the United Nations Social and Economic Council promotes implementation of the Bangalore Principles by the judiciaries of Member States.
    • The principles are intended to establish standards for ethical conduct of judges.
    • They are designed to provide guidance to judges and to offer the judiciary a framework for regulating judicial conduct.

    Six core values recognized

    S. No. Principle Description
    1. Independence Judges must be free to make impartial decisions based on the law and facts, without any influence or pressure from external sources.
    2. Impartiality Judges must be unbiased and treat all parties equally, without any favoritism or discrimination.
    3. Integrity Judges must have high moral and ethical principles, be honest, and act with transparency and fairness.
    4. Propriety Judges must avoid any impropriety or appearance of impropriety, such as conflicts of interest or inappropriate behavior.
    5. Equality Judges must uphold the principle of equality before the law, treating all people with respect and dignity.
    6. Competence and diligence Judges must have the necessary knowledge, skills, and qualities to perform their duties effectively, and must work diligently and efficiently.

     

    Significance of these principles

    • The principles define their meaning and elaborate in detail on what kind of conduct is to be expected in concrete terms of the persons concerned in order to put the respective value into practice.
    • A number of specific instructions are given under each of the values.
    • Not only have some States adopted the Bangalore Principles but others have modelled their own Principles of Judicial Conduct on them.

     

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  • Same Sex Marriage: Marriage Equality for LGBTQ+ Persons is A Fundamental Right

    LGBTQ+

    Central Idea

    • The Supreme Court of India recently started hearing petitions from LGBTQ+ petitioners seeking marriage equality. While marriage equality for LGBTQ+ persons is a controversial issue in India, it is essential to understand that denying them the right to marry excludes them from participating fully in family and community life, including gaining recognition and respect.

    LGBTQ+

    LGBTQIA+ community

    • Sexual orientations or gender identities: LGBTQIA+ is an acronym for Lesbian, Gay, Bisexual, Transgender, Queer/Questioning, Intersex, Asexual/Ally. The plus sign is often added to include other identities and orientations that are not explicitly mentioned in the acronym. It is a term used to refer to individuals who identify as any of these sexual orientations or gender identities.
    • Equal rights and acceptance: The community is made up of individuals who may face discrimination, marginalization, and stigma based on their sexual orientation or gender identity. The community advocates for equal rights and acceptance, and works towards achieving societal and legal recognition and protection

    What is mean by Same-sex marriage?

    • Same-sex marriage is the legal recognition of a marriage between two individuals of the same sex.
    • It grants same-sex couples the same legal and social recognition, rights, and privileges that are traditionally associated with marriage, including property rights, inheritance rights, and the ability to make decisions for each other in medical emergencies.
    • The recognition of same-sex marriage varies around the world, with some countries legalizing it while others do not.
    • The issue has been the subject of much debate and controversy, with arguments for and against same-sex marriage based on religious, cultural, social, and legal considerations.

    Same-sex marriage in India

    • Decriminalized homosexuality: Section 377 of the Indian Penal Code, which criminalized homosexuality, was struck down by the Supreme Court of India in 2018, which was a landmark decision for LGBTQ+ rights in the country.
    • Same sex marriage is not yet legal: However, there is still no law that allows same-sex couples to legally marry or have any legal recognition of their relationships. Same-sex marriage is currently not legally recognized in India.

    LGBTQ+

    What are the implications of not recognizing Same sex marriage legally?

    • Infringement on individual freedoms: Denying same-sex couples the right to marry can be seen as an infringement on individual freedoms and a violation of human rights. It can limit the ability of individuals to express their identities and form meaningful relationships.
    • Exclusion from family and community life: Marriage is a fundamental institution in Indian society, and remaining unmarried is looked down upon by the entire family. However, excluding LGBTQ+ persons from marriage denies them full benefits of participating in family and community life, including acceptance in society.
    • Social stigma: The lack of legal recognition for same-sex marriage can contribute to negative attitudes towards LGBTQ+ individuals and relationships. This can perpetuate social stigma and discrimination.
    • Discrimination: Despite same-sex attraction being a natural part of human society, some people of the same sex fall in love with each other and want to get married. Marriage benefits a couple in tangible and intangible ways, including essential protections, such as the ability to own and share financial assets, joint ownership of property, and access to health and life insurance. Denying these rights to LGBTQ+ persons is discriminatory.

    LGBTQ+

    Arguments against recognizing same sex marriage legally in India

    • Marriage is a union between a man and a woman: Many people believe that marriage is meant to be a union between a man and a woman, and that allowing same-sex couples to marry goes against traditional values.
    • It is against Indian culture: Many opponents of same-sex marriage argue that it goes against Indian culture and Hindu values, and that such unions are not recognized in traditional Indian society.
    • It could lead to social instability: Some people believe that allowing same-sex marriage could lead to social instability and moral decay, and that it would have a negative impact on family and societal values.
    • It is against the law: While homosexuality is no longer a criminal offence in India, same-sex marriage is not recognized under Indian law. Opponents argue that allowing same-sex marriage would be against the law and would undermine the institution of marriage.
    • It could have negative impact on children: Some people argue that children raised by same-sex couples could face social stigma and could be negatively impacted psychologically. They believe that children should have both a mother and a father.

    Other developments and challenges

    • Many corporations have applied core HR principles of fairness, equality, and non-discrimination to their LGBTQ+ employees and have re-written their equal opportunity and anti-discrimination policies to protect them from discrimination, bullying, and harassment.
    • However, inclusive policies have been challenging to implement with insurance companies as same-sex partners are not legally recognised as spouses. Being allowed to marry will help to gain the acceptance that LGBTQ+ citizens are seeking in society.

    Way ahead with a balanced approach

    • Increase awareness and education: It is essential to increase awareness and education among the general public regarding the LGBTQ+ community and the importance of equal rights for all individuals.
    • Dialogue and debate: There need to be an open and respectful dialogue and debate between people who support same-sex marriage and those who oppose it. This will help to address concerns and misunderstandings and lead to a greater understanding and acceptance of the LGBTQ+ community. A wide-ranging consultation process could be initiated with stakeholders from different communities, including religious leaders, civil society organizations, and members of the LGBTQIA+ community, to build consensus on the issue.
    • Legal reforms: The Indian government should consider legal reforms to ensure that the LGBTQ+ community has equal rights and protections under the law. This includes legal recognition of same-sex marriage and the extension of benefits and protections to same-sex couples, such as inheritance rights and access to healthcare.
    • Inclusive workplace policies: Corporations and employers can play a significant role in promoting inclusivity and diversity by implementing policies that explicitly protect LGBTQ+ employees from discrimination, bullying, and harassment.
    • Sensitization of government officials: Sensitization programs should be conducted to sensitize government officials to the needs and rights of the LGBTQ+ community. This will help to ensure that government policies are more inclusive and considerate of the needs of all citizens.
    • Balancing Interests: The government could take a cautious approach to legalizing same-sex marriage, considering the positive effects such as social inclusion and individual rights, and the potential negative effects, such as religious sensitivities and family values. This could involve striking a balance between individual rights and social cohesion, taking into account the unique cultural and social contexts of India.
    • Monitoring and Evaluation: The government could set up an independent body to monitor the implementation of same-sex marriage legislation and evaluate its impact on society. This could help to identify areas of success and potential areas for improvement, and ensure that the legal recognition of same-sex marriages is a positive step forward for Indian society as a whole.

    Conclusion

    • Inclusive policies have resulted in more loyalty and engagement from employees, and it is now time to extend this sense of belonging to the LGBTQ+ community in India. The LGBTQ+ individuals deserve the right to participate in one of society’s major institutions and to be treated equally under the law. Allowing same-sex marriage would enable LGBTQ+ individuals to feel a sense of belonging and gain the acceptance they are seeking in society.

    Mains Question

    Q. Issues over the Same sex marriage has been one of the hot topics for some time now. Analyze the issue recognizing same sex marriage legally in India and suggest a balanced way ahead.

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  • Governor’s Constitutional Limits: A Resolution to President

    Central Idea

    • The Tamil Nadu Governor’s recent statement implying that he would not give assent to a Bill passed by the legislature if it transgresses constitutional limits has resulted in the Tamil Nadu Assembly passing a resolution requesting the President of India to issue directions to the Governor to function within constitutional limits.

    Who is Governor?

    • Parallel to President: The Governors of the states of India have similar powers and functions at the state level as those of the President of India at the Central level.
    • Nominal head: The governor acts as the nominal head whereas the real power lies with the Chief Ministers of the states and her/his councils of ministers.
    • Similar offices: Governors exist in the states while Lieutenant Governors or Administrators exist in union territories including the National Capital Territory of Delhi.
    • Non-local appointees: Few or no governors are local to the state that they are appointed to govern.

    New Constitutional Development

    • Passing a resolution by the Assembly requesting the President of India to ensure that the Governor functions within the Constitution is a new constitutional development.

    What are the relevant articles?

    • Article 355: Article 355 of the Constitution states that it is the duty of the Union to ensure that every State’s government is carried out according to the Constitution.
    • R. Ambedkar on Article 355: While the general meaning and purpose of Article 355 was explained by B.R. Ambedkar in the Constituent Assembly, the Constitution’s concepts and doctrines have been interpreted and reinterpreted to meet society’s changing needs
    • Article 200: Although Article 200 provides options to the Governor when a Bill is presented to him after being passed by the legislature, withholding assent is not an option given by the Constitution.

    Governor’s Discretionary Powers and the confusion of Withholding assent

    • Options to the Governor: Article 200 provides options to the Governor when a Bill is presented to him after being passed by the legislature.
    • These options are:
    1. To give assent;
    2. To withhold assent;
    3. To send it back to the Assembly to reconsider it; or
    4. To send the Bill to the President for his consideration.
    • Idea of the Third option: In case the Assembly reconsiders the Bill as per the request of the Governor under the third option, he has to give assent even if the Assembly passes it again without accepting any of the suggestions of the Governor.
    • One of the options is required to be exercised:  It is only logical to think that when the Constitution gives certain options to the Governor, he is required to exercise one of them.
    • Sitting on the bill goes against the constitutional direction: Since sitting on a Bill passed by the Assembly is not an option given by the Constitution, the Governor, by doing so, is only acting against constitutional direction. A judicial pronouncement on this matter is needed to eliminate the confusion.

    The issue of justiciability

    Whether the process of assent by the Governor is subject to judicial review?

    • Not justiciable: According to D.D. Basu, quoting judgments of the Supreme Court, it is not justiciable.
    • For instance, Purushothaman Namboothiri vs State of Kerala (1962): In this case the court held that a Bill which is pending with the Governor does not lapse on the dissolution of the Assembly, but this judgment did not deal with the justiciability of the process of assent.
    • Hoechst Pharmaceuticals Ltd. And vs State Of Bihar And Others (1983): In this case the court dealt with the power of the Governor to reserve a Bill for the consideration of the President, and held that the court cannot go into the question of whether it was necessary for the Governor to reserve the Bill for the consideration of the President.
    • Government can challenge the inaction of the Governor in a court of law: The issue that is agitating State governments is the non-decision/indecision on the part of the Governor on a Bill passed by the Assembly. Therefore, the government can challenge the inaction of the Governor in a court of law, and the answer seems to be in the affirmative.

    Way ahead

    • Ensuring constitutional principles are upheld: The state governments and the Governor’s office should work together to establish a mutual understanding of the constitutional provisions and procedures for assent to a bill, with a focus on expediting the process while ensuring constitutional principles are upheld.
    • Avoiding confrontation and legal battles: In case of disagreements between the state government and the Governor, the matter should be resolved through dialogue and mutual agreement, rather than resorting to confrontation and legal battles.
    • Clarity on the issues of justifiability: The Supreme Court could provide clarity on the issue of justiciability of the Governor’s role in assent to a bill, while keeping in mind the constitutional provisions and the principles of federalism.
    • Judicious use of discretionary powers: The Governor should exercise his discretionary powers judiciously and in line with constitutional provisions, without delaying or withholding assent to a bill without any valid reason.
    • Transparent and consultative mechanism: The state government should ensure that bills are passed in a transparent and consultative manner, and the Governor should give due consideration to the views and opinions of all stakeholders before exercising his discretion.
    • Promoting cooperative federalism: There should be a greater emphasis on promoting cooperative federalism, where the Centre, states, and governors work together in a spirit of collaboration and cooperation, while ensuring the protection of the Constitution and the rights of all citizens.

    Conclusion

    • The framers of the Constitution would never have imagined that Governors would sit on Bills indefinitely without exercising any of the options given in Article 200. This is a new development which needs new solutions within the framework of the Constitution. So, it falls to the Supreme Court to fix a reasonable time frame for Governors to take a decision on a Bill passed by the Assembly in the larger interest of federalism in the country.

    Mains question

    1. Passing a resolution by the Assembly requesting the President of India to ensure that the Governor functions within the Constitution is a new constitutional development. In the light of the statement discuss the constitutionality of role of Governor in withholding assent to a bill passed by a state legislature. Suggest a way for this legal battle.

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  • Operation Kaveri to evacuate stranded citizens from Sudan

    kaveri

    India has launched “Operation Kaveri” to evacuate its citizens from war-torn Sudan.

    What is Operation Kaveri?

    • It is the recent series of evacuations held by India over the last few years to rescue its nationals in crisis-hit countries. India rescued its nationals last year from war-hit Ukraine and Afghanistan.
    • The operation was launched in response to the conflict and breakdown of essential services in Sudan that had brought the country to a standstill.
    • India has positioned two transport aircraft of the IAF in the Saudi Arabian city of Jeddah and a naval ship at a key port in Sudan as part of its contingency plans to evacuate its stranded nationals.

    Behind the name ‘Kaveri’

    • The choice of naming this operation as ‘Operation Kaveri’ has a lot of significance.
    • Kaveri is one of the major Indian rivers flowing through the southern states of Karnataka and Tamil Nadu.
    • The river is sacred to the people of the region and is worshipped as the Goddess Kaveriamma (mother Kaveri).
    • Rivers reach their destination irrespective of barriers. It’s like a mother who will ensure she will bring her children back to safety.

    About Sudan

    kaveri sudan

    • Sudan is a country located in North Africa, bordered by Egypt to the north, Libya to the northwest, Chad to the west, the Central African Republic to the southwest, South Sudan to the south, Ethiopia to the southeast, and Eritrea to the east.
    • It is the third-largest country in Africa and has a diverse population of around 43 million people.
    • According to the World Bank, around 46% of the population lives below the poverty line, and many Sudanese people struggle to access basic services such as healthcare, education, and clean water.

    What is the crisis all about?

    • Sudan is facing a crisis due to fighting between two rival military factions.
    • The conflict involves the Sudanese army and the paramilitary Rapid Support Forces (RSF).
    • The fighting began in April 2022 after tensions rose following the coup that saw the two factions topple a civilian government in October 2021.
    • The conflict began when an internationally-backed plan to launch a new transition with civilian parties was floated.
    • Under the plan, both the army and the RSF had to cede power, but two issues were contentious: the formal placing of the army under civilian oversight and the timetable for the RSF to be integrated into the regular armed forces.

    Global Implications of the Conflict

    • The volatile region, which borders the Red Sea, the Sahel, and the Horn of Africa, could be destabilized if the fighting continues.
    • The conflict in Sudan has the potential to cause a refugee crisis, with people fleeing the country to escape the violence and instability.

     

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  • Malaria soon to be a notifiable disease across India

    malaria

    Malaria is all set to become a notifiable disease across India, which will require cases to be reported to government authorities by law.

    About Malaria

    Description
    Definition A potentially life-threatening disease caused by parasites that are transmitted through the bite of infected female Anopheles mosquitoes
    Causes Four species of plasmodium parasites, namely plasmodium vivax, plasmodium falciparum, plasmodium malariae, and plasmodium ovale
    Spread Bite of infected female Anopheles mosquitoes
    Symptoms Fever, chills, headache, muscle pain, fatigue, nausea, vomiting
    Diagnosis Blood test
    Treatment Antimalarial drugs
    Prevention Insecticide-treated bed nets, indoor residual spraying, wearing protective clothing, using mosquito repellent, avoiding mosquito bites
    Vaccine RTS,S/AS01 (Mosquirix)

     

    Why in news?

    • The move is part of India’s vision to become malaria-free by 2027 and to eliminate the disease by 2030.

    Menace of malaria in India

    • In India, 80% of malaria cases occur among 20% of its population living in the 200 high-risk districts of Andhra Pradesh, Chhattisgarh, Gujarat, Jharkhand, Karnataka, Madhya Pradesh, Maharashtra, Odisha, West Bengal and the seven north-eastern states.
    • With only fewer than half of those infected reaching a clinic or hospital, the cases and deaths are much higher than recorded.

    What is Notifiable Disease?

    • A notifiable disease is a disease that is required by law to be reported to government authorities.
    • In India, the Ministry of Health and Family Welfare maintains a list of notifiable diseases under the National Health Mission.
    • This is done to track the spread of the disease and to take necessary measures to control and prevent its spread.
    • Reporting notifiable diseases is important for public health surveillance and response to outbreaks.

    Malaria as a Notifiable Disease

    • Malaria is currently a notifiable disease in 33 states and Union Territories in India.
    • Bihar, Andaman and Nicobar Islands, and Meghalaya are in the process of putting malaria in the notifiable disease category.

    Other measures to curb malaria

    • Malaria Elimination Programme: The government has launched the National Framework for Malaria Elimination in India 2016-2030 to eliminate malaria from the country by 2030.
    • Joint Action Plan: The Health Ministry has initiated a joint action plan with the Ministry of Tribal Affairs for malaria elimination in tribal areas. This plan aims to bring down malaria cases to zero in tribal areas, which are among the most vulnerable to the disease.
    • HIP-Malaria Portal: The Ministry has ensured the availability of near-real-time data monitoring through an integrated health information platform and periodic regional review meetings to keep a check on malaria growth across India.

    Vaccines developed so far

    • The WHO has approved the rollout of two first-generation malaria vaccines, RTS,S and R21, in high-transmission African countries.
    • Bharat Biotech, an Indian company, has been licensed to manufacture the RTS,S vaccine, with adjuvant provided by GSK.
    • The R21 vaccine, developed by scientists at Oxford University, has shown promising results in phase 2 clinical studies and has been approved by regulatory authorities in Ghana and Nigeria.
    • Scientists at the International Centre for Genetic Engineering and Biotechnology (ICGEB) in New Delhi have developed and produced two experimental blood-stage malaria vaccines, with Phase I clinical trials completed for one of them.

     

     

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  • Northeast India and The Troika of Bangladesh, India and Japan

    Northeast

    Central Idea

    • The third India-Japan Intellectual Dialogue hosted by the Asian Confluence (ASCON), Tripura, was an ideal opportunity to assess the evolving thinking of experts and policymakers. It showed that the current decade may produce path-breaking changes in the northeast, bringing the troika of Bangladesh, India and Japan closer.

    Significant changes in the North East India

    • The region comprising India’s eight northeastern States (Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Tripura and Sikkim) is undergoing dramatic change.
    • It has overcome several (but not all) security challenges and is now heading toward economic development.
    • Political changes have been helpful. So is the extensive web of linkages with neighbouring Bangladesh. Besides, Japan has emerged as a significant development partner for both India and Bangladesh.

    Japan’s historical ties with the North Eastern region of India

    • Cultural ties: There are deep cultural ties between the North Eastern region of India and Japan, with Buddhism being a common thread that binds the two regions.
    • World War II: The North Eastern region of India played a crucial role in World War II, with the Battle of Imphal and Kohima considered to be turning points in the war. The Japanese army had advanced into the region and fought fiercely against the Allied forces.
    • Post-Independence: After India gained independence, the North Eastern region remained largely isolated from the rest of the country. However, in the 1950s, the Indian government started building roads and infrastructure to connect the region with the rest of the country. Japan also played a role in the region’s development, with its assistance in building the Dimapur-Imphal highway.
    • Economic ties: In recent years, there has been a growing focus on economic ties between the North Eastern region of India and Japan. Japan has been investing in infrastructure projects in the region, such as the Guwahati water supply project and the Northeast Road Network Connectivity Improvement Project.
    • Connectivity: Improved connectivity between the North Eastern region of India and Japan is seen as a key factor in strengthening the historical ties between the two regions. There have been talks of establishing a direct flight between Guwahati and Tokyo to enhance connectivity.

    What is Asian Confluence?

    • The Asian Confluence is a think tank and cultural centre based in Shillong, Meghalaya, India.
    • It was established in 2012 with the aim of promoting and strengthening cultural and economic ties between the Northeastern region of India and the countries of Southeast Asia.
    • The centre seeks to facilitate dialogue and collaboration between academics, policymakers, entrepreneurs, and civil society groups from across the region, with a particular focus on issues related to connectivity, trade, investment, and tourism.
    • The Asian Confluence hosts a variety of events, including conferences, seminars, workshops, and cultural programs, that bring together experts and stakeholders from different fields to discuss and explore opportunities for collaboration and cooperation.
    • In addition to promoting economic and cultural ties, the centre also seeks to foster a sense of community and shared identity among the diverse peoples of the region.

    Opportunities for Northeast India

    • Matarbari Deep Sea Port: The development of the Matarbari Deep Sea Port in Bangladesh, with Japanese assistance, is expected to be a game changer for the region. To be optimally viable, the port will have to cater to the needs of Bangladesh and India’s northeast, serving a population of 220 million.
    • Competitive advantage: The creation of regional industrial value chains and rapid industrialization in sectors where the northeast has a competitive advantage will be crucial to ensure that the new connectivity links are fully utilized and productive.
    • Natural resources and strategic location: The region’s natural resources and strategic location make it an attractive destination for investors in diverse sectors such as agro-processing, man-made fibers, handicrafts, assembly of two-wheelers, mobile phones, and pharmaceuticals.

    What are the Challenges?

    • Insufficient investment: Japan as a single investor in the northeast is unworkable. Indian companies must also invest, and India needs to ease restrictions on the flow of investments from Bangladesh.
    • Security challenges: While the northeastern region has overcome several security challenges, not all of them have been addressed.
    • Infrastructure connectivity: While Bangladesh and India have made progress in restoring pre-1965 infrastructure connectivity, other countries in the region need to reciprocate with similar connectivity initiatives.
    • Environmental concerns: As industrialization and development take place, there is a need to ensure that environmental concerns are addressed and sustainability is prioritized.
    • Lack of attention to BIMSTEC: When issues of regional cooperation and integration are discussed, scant attention seems to be paid to the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC), which is self-defeating.

    What measures should be taken?

    • Limited policy convergence: Policy convergence must be expanded to address challenges in the region.
    • Need for closer linkages: The three governments of Bangladesh, India, and Japan should forge closer linkages of economic cooperation.
    • Investment: Indian companies need to invest in the northeast along with Japanese companies. India should also ease restrictions on the flow of investments from Bangladesh.
    • Infrastructure connectivity: Bangladesh facilitated much connectivity with India and now needs reciprocity from other countries, particularly India, so that it is better connected with other neighbors, including Nepal, Bhutan, and Myanmar.
    • Need for leadership: The goal of connecting a large part of South Asia with Southeast Asia requires an astute pilot. This leadership can come from the triad of Bangladesh, India, and Japan.

    Conclusion

    • The triad of Bangladesh, India, and Japan (BIJ) can provide astute leadership in connecting a large part of South Asia with Southeast Asia. A BIJ Forum should be launched at the level of Foreign Ministers, a move that will be welcomed in the northeast. The three governments should forge closer linkages of economic cooperation.

    Mains Question

    Q. Highlight the role and the potential of North east India for bringing in the troika of Bangladesh, India and Japan closer?

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  • 50 years of Kesavananda Bharati Case

    kesav

    Fifty years ago, on April 24, 1973, the Supreme Court delivered its judgment in Kesavananda Bharati Sripadagalvaru and Ors vs. State of Kerala and Anr, the landmark case that redefined the relationship between Parliament and the Constitution.

    Kesavananda Bharati Case (1973)

    • The Kesavananda Bharati judgement, was a landmark decision of the Supreme Court that outlined the basic structure doctrine of the Indian Constitution.
    • The case is also known as the Fundamental Rights Case.
    • The SC in a 7-6 decision asserted its right to strike down amendments to the constitution that were in violation of the fundamental architecture of the constitution.
    • The Court asserted through the Basic Structure doctrine that the constitution possesses a basic structure of constitutional principles and values.
    • Key outcomes were:
    1. Basic Structure Doctrine: It is a principle that limits Parliament’s power to amend the Indian Constitution. It holds that certain fundamental features of the Constitution, such as the principle of separation of powers, cannot be amended by Parliament.
    2. Judicial Review: The Court partially cemented the prior precedent Golaknath v. State of Punjab, which held that constitutional amendments through Article 368 were subject to fundamental rights review, but only if they could affect the ‘basic structure of the Constitution’.
    3. Exceptions to Judicial Review: At the same time, the Court also upheld the constitutionality of the first provision of Article 31-C, which implied that amendments seeking to implement the Directive Principles, which do not affect the ‘Basic Structure,’ shall not be subjected to judicial review.

    Criticism of the doctrine

    • Dilution of powers: The basic structure doctrine has been criticized for diluting the principle of separation of powers and undermining the sovereignty of Parliament.
    • Ambiguous nature: It has also been criticized as a vague and subjective form of judicial review.

    Landmark cases of the doctrine

    • Indira Gandhi v Raj Narain (1975): The Supreme Court applied the principle laid down in the Kesavananda ruling for the first time in this case. It struck down The Constitution (39th Amendment) Act, 1975, which barred the Supreme Court from hearing a challenge to the election of President, Prime Minister, Vice-President, and Speaker of Lok Sabha.
    • Minerva Mills Ltd vs. Union of India (1980): The Supreme Court struck down a clause inserted in Article 368, which said “there shall be no limitation whatever on the constituent power of Parliament to amend by way of addition, variation or repeal the provisions of this Constitution.”
    • P Sambamurthy v State of Andhra Pradesh (1986): The Supreme Court struck down a portion of the 32nd Amendment (1973), which constituted an Administrative Tribunal for Andhra Pradesh for service matters, taking away the P jurisdiction of the High Court.
    • L Chandra Kumar v Union of India (1997): The Supreme Court struck down a portion of the 42nd Amendment, which set up administrative tribunals excluding judicial review by High Courts.

    Significance of the Judgment and the doctrine

    • Strengthen judicial review: The doctrine forms the basis of the power of the Indian judiciary to review and override amendments to the Constitution of India enacted by the Parliament.
    • Clarification about Article 368: Article 368 postulates only a ‘procedure’ for amendment of the Constitution. The same could not be treated as a ‘power’ vested in the Parliament to amend the Constitution to alter the ‘core’ of the Constitution, which has also been described as the ‘basic structure’ of the Constitution.
    • Not antithetical to legislative authority: Justice Shastri said Judicial Review was undertaken by the courts “not out of any desire to tilt at legislative authority in a crusader’s spirit, but in the discharge of a duty laid down upon them by the Constitution”.
    • A system of checks and balances: The Kesavananda Bharati verdict (1973) made it clear that judicial review is not a means to usurp parliamentary sovereignty. It is a “system of checks and balances” to ensure constitutional functionaries do not exceed their limits.

     

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  • How can a Juvenile be tried as an Adult in Court?

    Central idea: In this article, we will discuss the process of trying juveniles in the age group of 16-18 as adults in court and the responsibilities of the Juvenile Justice Board.

    About Juvenile Justice Act, 2015

    Description
    Purpose To provide for the care, protection, and rehabilitation of children in need of care and protection, and for the adjudication of delinquent juveniles accused of committing an offence.
    Age group covered Act covers children up to the age of 18 years.
    Categories of offences Offences committed by children are categorised into petty offences, serious offences, and heinous offences.
    Trial of children as adults For the first time, the Act provided for trying juveniles in the age group of 16-18 as adults in cases of heinous offences.
    Role of Juvenile Justice Board The Juvenile Justice Board (JJB) is responsible for the care, protection, and rehabilitation of children in need of care and protection, and for the adjudication of delinquent juveniles accused of committing an offence.
    Role of Child Welfare Committee Child Welfare Committee (CWC) is responsible for the care, protection, and rehabilitation of children in need of care and protection.
    Prohibition of disclosing identity Act prohibits the disclosure of the identity of a child in conflict with the law and mandates that the child be dealt with in a child-friendly manner.
    Monitoring and review National Commission for Protection of Child Rights (NCPCR) is responsible for monitoring the proper implementation of the provisions of the Act, and conducting reviews and evaluations.

     

    Issues with Juvenile’s trial

    There are several issues with the trial of juveniles as adults. Here are some of them:

    • Latent consequences: Juveniles are generally not mature enough to understand the consequences of their actions fully. Trying them as adults can lead to disproportionate sentences and undue punishment.
    • Losing scope for rehabilitation: Young offenders have a higher potential for rehabilitation and reform than adult offenders. Trying them as adults can limit their chances of being reformed and reintegrated into society.
    • Issue in legal representation: Juveniles may not have access to legal representation or may not understand their rights. Trying them as adults can result in unfair trials and convictions.
    • Impact on mental health: Being tried as an adult can have a severe impact on a juvenile’s mental health and well-being. It can lead to anxiety, depression, and trauma.
    • Stigma and discrimination: Juveniles who are tried as adults may face stigma and discrimination throughout their lives, affecting their ability to secure jobs, education, and housing.

    NCPCR lays guidelines for juvenile’s trial

    • The National Commission for Protection of Children (NCPCR) has issued guidelines for conducting a preliminary assessment by the Juvenile Justice Board (JJB).
    • This has been done under Section 15 of the Juvenile Justice Act, 2015, to ascertain whether a juvenile can be tried as an adult.
    • For the first time, the Act has provided for trying juveniles as adults in cases of heinous offences.

    Stipulated categories of offences

    • The Juvenile Justice Act categorizes offences committed by children into three categories –
    1. Petty offences
    2. Serious offences
    3. Heinous offences
    • Section 15 of the Juvenile Justice Act states that a preliminary assessment should be conducted by the Board in cases where a child above the age of 16 is alleged to have committed a heinous offence.
    • The assessment should focus on the child’s mental and physical capacity to commit the offence.
    • It should also consider the child’s ability to understand the consequences of the offence and the circumstances in which it was committed.

    Responsibilities of the Juvenile Justice Board

    • Assessment of the offender child: The Act directs that the Board shall consider the mental and physical capacity of the child for committing the alleged offence, the ability to understand the consequences of the offence, and the circumstances in which the offence was committed.
    • Psychological ‘trial’: It states that the Board can take the assistance of experienced psychologists or psychosocial workers or other experts. The Act also gives a disclaimer that the assessment is not a trial, but is only to assess the capacity of the child to commit and understand the consequences of the alleged offence.
    • Arriving at conclusion: After the assessment, the Board can pass an order saying there is a need to try the said child as an adult and transfer the case to a children’s court with the relevant jurisdiction.
    • Penalty: If tried as a minor, the child could be sent to a special home for a maximum of three years. If tried as an adult, the child can be sentenced to a jail term, except being sentenced to death or life imprisonment without the possibility of release.

    What is the preliminary assessment process?

    • The Social Investigation Report (SIR) is prepared by a probation officer, child welfare officer, or any social worker, and the Social Background Report (SBR) is prepared after interacting with the child or child’s family.
    • During the preliminary assessment, the Board and experts analyze and consider these reports.
    • If the Board decides that a child should be tried as an adult after the preliminary assessment, the case may be transferred to the Children’s Court with jurisdiction to try such offences.

    Issues in implementation

    • The major issue remains the implementation and absorption of these principles in the system, particularly to be followed by the JJB and the Children’s Court.
    • A lot of principles which have been made a part of the Act have not been given due prominence by the Board as well as by the Children’s Court.

    Conclusion

    • The NCPCR is under a statutory obligation under Section 109 of the JJ Act, 2015 to monitor the proper implementation of the provisions of the Act.
    • The guidelines have been made to remove any ambiguity and to clarify the steps that need to be followed while conducting the preliminary assessment.

     

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  • Horizontal Reservation: Movement of Dalit Trans People

    Horizontal Reservation

    Central Idea

    • Recently, many trans rights activists from The Trans Rights Now Collective, who were peacefully protesting to demand horizontal reservation for transgender people, were detained by the Tamil Nadu police. In Tamil Nadu and in many states across the country, the movement for horizontal reservation has been shaping up to support Dalit trans people who are struggling with transphobia and casteism in educational institutions, workplaces, and larger ecosystems of education and employability.

    What is vertical reservation?

    • Fixed Percentage reservation: Vertical reservation is a policy of reserving a percentage of government jobs and educational seats for individuals from socially and economically disadvantaged communities or categories such as Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs). It aims to address historical injustices and create equal opportunities for all sections of society.
    • For example: if the Scheduled Caste population in a particular state is 15%, then 15% of the available seats or positions in educational institutions and government jobs in that state will be reserved for SC candidates. This ensures that members of historically oppressed and marginalized communities have greater access to opportunities for education and employment, and helps to address the inequalities that exist due to caste-based discrimination.

    What is Horizontal reservation?

    • Horizontal reservation is a type of affirmative action approach that supplements vertical reservation in India. Horizontal reservation recognizes that individuals from marginalized communities also face multiple layers of discrimination and seeks to provide additional reservation opportunities for them.
    • It involves providing reservations for various intersectional identities such as women, persons with disabilities, and transgender persons within each of the vertical reservation categories.
    • For example, a Dalit woman could access vertical reservation under the SC category, but through horizontal reservation, she could also access reservations for women. Both vertical and horizontal reservations would equally affect her social location.

    Facts for prelims: Horizontal reservation v/s Vertical reservation

    Horizontal Reservation

    Vertical Reservation
    An intersectional approach that is provided for within each vertical reservation category Reservation for specific marginalized communities, such as SC/ST/OBC
    Example: A Dalit woman can access vertical reservation under the SC category, whereas through horizontal reservation she will be able to access reservations for women as well Example: A Dalit person can access reservation under the SC category
    Intended to provide opportunities for people who face multiple forms of marginalization Intended to provide opportunities for specific marginalized communities
    Provides for a more nuanced approach to reservation that takes into account intersectional identities and experiences Provides for reservations for specific communities based on historical injustice and social exclusion
    Allows for better representation of people from diverse backgrounds in public institutions and workplaces Helps to address inequality and improve access to resources and opportunities for specific marginalized communities
    Currently not implemented consistently across all states in India Implemented consistently across all states in India
    Has been demanded for transgender persons in government jobs and education to address caste and gender-based marginalization Has been in place in India since independence and has been expanded over time to include more communities
    Example: Karnataka became the first and only state in India to reserve jobs in public employment for transgender persons through horizontal reservation in 2021 Example: In Tamil Nadu, reservations are provided for SC/ST/OBC communities

    Challenges with Vertical Reservation System?

    • Dominance of creamy layer: The benefits of reservation are often enjoyed by the creamy layer or the affluent members of reserved categories who are not in need of affirmative action. This leads to further marginalization of the truly underprivileged members of these communities.
    • Limited benefits: Vertical reservation benefits are limited to only a particular category of people, leaving out those who may also be disadvantaged due to other factors such as gender, disability, sexual orientation, etc.
    • Stigmatization: The reservation system has led to stigmatization and discrimination against members of reserved categories, with many being perceived as less competent or deserving of their position.
    • Political exploitation: Reservation policies are often used for political gain rather than social justice, with political parties making false promises and manipulating the system to gain votes.
    • Lack of representation: Reservation policies have not led to adequate representation of marginalized communities in decision-making positions, as many still face discrimination and bias in these spaces.
    • Inadequate infrastructure and resources: Reservation policies have not been accompanied by adequate infrastructure and resources for marginalized communities to access opportunities, leading to further marginalization.
    • Conflict among marginalized communities: The current vertical reservation system creates a hierarchy among marginalized communities, with some having greater access to opportunities than others. This has led to conflict and tension among different communities.

    Challenges with Horizontal reservation System?

    • Opposition from dominant castes: Horizontal reservation is often met with resistance from dominant castes and communities who feel that it is unfair and takes away opportunities from them. This can lead to political backlash and opposition to the implementation of such policies.
    • Identification and classification: Another challenge is the identification and classification of individuals who qualify for horizontal reservation. For example, in the case of transgender individuals, there is a lack of clarity on who qualifies as transgender and how to identify them. This can lead to confusion and disputes over who is eligible for reservation benefits.
    • Administrative challenges: Implementing horizontal reservation policies can be administratively complex, especially in larger organizations and government agencies. There may be challenges in tracking and monitoring the implementation of such policies, and ensuring that they are being applied fairly and consistently.
    • Stigma and discrimination: Horizontal reservation policies may also be stigmatizing for some individuals, as they may feel that they are being singled out or labeled based on their identity. This can create additional barriers to social inclusion and participation, and may make it more difficult for individuals to access opportunities.
    • Limited scope: Horizontal reservation policies are often implemented in specific sectors or areas, such as education or public employment. This means that individuals from marginalized groups may still face discrimination and exclusion in other areas of society, such as housing or healthcare.

    Horizontal Reservation

    Value Addition Box form Civilsdaily

    Did you know: NALSA Judgement?

    • NALSA (National Legal Services Authority) judgment of 2014 is a landmark judgment by the Supreme Court of India that recognized the legal recognition of the third gender in India.
    • It directed the central and state governments to legally recognize the transgender community as a third gender and to ensure that they have access to the same rights and protections as other citizens of the country.
    • The judgment also recognized the right of transgender persons to self-identification and directed the government to provide reservations for transgender people in education and employment.
    • This judgment was a significant step towards ensuring the rights and protections of transgender people in India.

    The Transgender Persons (Protection of Rights) Act, 2019

    • The Transgender Persons (Protection of Rights) Act, 2019 is a law enacted by the Parliament of India for the protection of rights of transgender persons and their welfare.
    • The Act defines a transgender person as someone whose gender does not match the gender assigned to them at birth.
    • The Act prohibits discrimination against transgender persons in areas such as education, employment, healthcare, and housing, and recognizes their right to self-perceived gender identity.

    Horizontal Reservation

    What are the policy gaps and ambiguities?

    • The policy gaps and ambiguities that exist, which often used by the courts to refuse horizontal reservation for trans people and instead offer vertical reservation.
    • The judiciary’s easy solution of putting all trans people in OBC categories is restrictive and does not allow trans people who belong to SC/ST categories to claim their right to reservation under both categories.
    • The homogenous understanding of the trans community underplays the caste realities and marginalisations that many trans people come from and how it further hinders their social mobility.

    Horizontal Reservation

    Way ahead

    • There is a need to recognize the intersectionality of identities and provide horizontal reservation for marginalized communities, including transgender people of Dalit, Bahujan, and Adivasi (DBA) backgrounds.
    • State governments and the judiciary need to take a more proactive approach to address the policy gaps and ambiguities about the reservation for trans people.
    • More awareness and education are needed to understand the complexities of caste and gender identity and their impact on social mobility.
    • More research and data collection are needed to understand the challenges faced by trans people from DBA backgrounds and to develop effective solutions to address their unique needs.
    • Ultimately, the goal should be to create a more inclusive and equitable society that recognizes and celebrates the diversity of all its citizens, regardless of their gender identity or caste background.

    Conclusion

    • The movement for horizontal reservation is not only about a Dalit-trans issue; it is cross-cutting and a living testimonial of how certain sections of people are repeatedly forced into the margins. There is need for horizontal reservation to assert that transgender people have an equal stake in this nation’s citizenship and public resources.

    Mains question

    Q. In many states across the country, the movement for horizontal reservation has been shaping up to support Dalit trans people. In this light explain what is horizontal reservation system and discuss the challenges associated with its implementation.

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  • Assam- Arunachal Pradesh Border Dispute

    • assam

    Central idea

    • Ahave had a long-standing border dispute over 123 villages that are located in 12 districts of Arunachal and 8 districts of Assam.
    • On April 21, 2022, an MoU was signed between the two states to resolve the dispute.

    Genesis of the dispute

    • The border dispute between Arunachal Pradesh and Assam has around 1,200 points of conflict along their 804 km boundary, which began in the 1970s and intensified in the 1990s.
    • The issue goes back to 1873 when the British government introduced the inner-line permit, vaguely separating the plains from the frontier hills.
    • In 1954, the North-East Frontier Agency (NEFA) was formed, and 3,648 sq. km of the “plain” area of Balipara and Sadiya foothills was transferred to the Darrang and Lakhimpur districts of Assam based on the 1951 report.
    • Arunachal has been celebrating its statehood with an eye on China since 1987, and its people living in the transferred patches have been resentful, claiming that the transfer was done arbitrarily.
    • However, their counterparts in Assam say the 1951 demarcation is constitutional and legal.

    Past efforts to resolve the border issue

    • Several efforts were made in the past to resolve the border dispute between Assam and Arunachal Pradesh.
    • In 1979, a high-powered tripartite committee was constituted to delineate the boundary, and around 489 km of the 800 km were demarcated by 1983-84.
    • Further demarcation could not take place because Arunachal Pradesh did not accept the recommendations.
    • The apex court appointed a local boundary commission in 2006 to resolve the dispute. However, nothing came of it.

    Process leading up to the signing of the MoU

    • Assam CM and Arunachal CM commenced CM-level talks over the border issue on January 24, 2022.
    • In their second meeting on April 20, 2022, they made key decisions.
    • The border issues between both the states would be confined to a list of 123 villages which Arunachal Pradesh had claimed before the Local Commission in 2007.
    • A boundary line delineated by the high-powered tripartite committee in 1980 would be taken as the notified boundary, and all realignment would be done in relation to it.
    • Both states would set up 12 regional committees covering the 12 districts of Arunachal Pradesh and the 8 counterpart districts of Assam for joint verification of the 123 villages.

    Extent to which the issue has been resolved

    • The MoU has resolved the dispute over 34 villages.
    • The village boundaries of 49 of the remaining villages are unresolved.
    • The MoU states that in these, the Regional Committees will finalize the boundaries within a period of six months “through continuous dialogue.”

     

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