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GS Paper: GS2

There should be uniformity in the rules for granting parole
Context
- There was a huge uproar in the media when Dera Sacha Sauda chief Gurmeet Ram Rahim Singh, a convict serving a 20-year prison sentence for raping two disciples, was seen organising an online ‘satsang’ while on a 40-day parole in October. On the other hand, S. Nalini, a convict in the Rajiv Gandhi assassination case, who was serving life imprisonment, was given several extensions of parole from December 2021 until her release. Lack of uniformity in parole rules does not bode well for the criminal justice system.
What is Parole and furlough?
- Short term release: Furlough and parole envisage a short-term release from custody, both aimed as reformative steps towards prisoners.
- Not a Right but a case of Specific exigency: Parole is granted to meet a “specific exigency” and cannot be claimed as a matter of right.
- Circumstances considered: Both provisions are subject to the circumstances of the prisoner, such as jail behaviour, the gravity of offences, sentence period and public interest.
Is there any specific provision pertaining to parole and/or furlough?
- No specific provision: The Prisons Act, 1894, and the Prisoners Act, 1900, did not contain any specific provision pertaining to parole and/or furlough.
- State are empowered to make such rules: Section 59 of the Prisons Act empowers States to make rules inter alia “for the shortening of sentences” and “for rewards for good conduct”.
You must know
- Since “prisons, reformatories” fall in the State List of the Seventh Schedule of the Constitution, States are well within their reach to legislate on issues related to prisons.
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Parole rules are different for different states and on different case
- Suspension of sentence in Uttar Pradesh: The Uttar Pradesh rules provide for the ‘suspension of sentence’ (without mentioning the term parole or furlough or leave) by the government generally up to one month. However, the period of suspension may exceed even 12 months with prior approval of the Governor.
- Maharashtra rules: Maharashtra’s rules permit release of a convict on ‘furlough’ for 21 or 28 days (depending upon the term of sentence), on ‘emergency parole’ for 14 days, and on ‘regular parole’ for 45 to 60 days.
- Revised rules in Haryana: The recently revised rules of Haryana (April 2022) permit ‘regular parole’ to a convict up to 10 weeks (in two parts), ‘furlough’ for three to four weeks in a calendar year, and ‘emergency parole’ up to four weeks. Ram Rahim is on his regular parole.
- Rules of leaves and its extension in Tamin Nadu and the Nalini case: Though the Tamil Nadu rules of 1982 permit ‘ordinary leave’ for a period of 21 to 40 days, ‘emergency leave’ is permitted up to 15 days (to be spread over four spells). However, in exceptional circumstances, the government may extend the period of emergency leave. Till recently, Nalini was on extended emergency leave owing to her mother’s illness.
- Unlike TN, rules in Andhra Pradesh prohibit extension: Surprisingly, the Andhra Pradesh rules specifically prohibit such extension (Nalini extension) on account of the continued illness of a relative of a prisoner. They permit ‘furlough’ and parole/emergency leave up to two weeks, except that the government may extend parole/emergency leave in special circumstances.
- Odisha: Similarly, Odisha rules permit ‘furlough’ for up to four weeks, ‘parole leave’ up to 30 days and ‘special leave’ up to 12 days.
- West Bengal: West Bengal provides for releasing a convict on ‘parole’ for a maximum period of one month and up to five days in case of any ‘emergency’.
- Kerala: Kerala provides for 60 days of ‘ordinary leave’ in four spells, and up to 15 days ‘emergency leave’ at a time.
Provision of ‘Custody parole’
- Custody parole: Release of a prisoner, who is ineligible for a leave under the police escort for some hours for extreme emergency cases.
- Custody parole In Haryana: A hardcore convict, who is ineligible for any parole or furlough, may be released for attending the funeral or marriage of a close relative under police escort for a period not exceeding six hours. Haryana has a long list of ‘hardcore’ prisoners who are not entitled to be released except on ‘custody parole’ under certain conditions.
- In Tamil Nadu: In Tamil Nadu, police escort is given to a prisoner who is released on emergency leave and is dangerous to the community.
- Kerala: Similarly, in Kerala, prisoners who are not eligible for emergency leave may be granted permission for visit under police escort for a maximum period of 24 hours.
- States that do not permit such provision: Andhra Pradesh, Maharashtra, Kerala and West Bengal do not permit release of habitual criminals and convicts, who are dangerous to society, under Sections 392 to 402 of the Indian Penal Code.
The rules of set by the states vary in scope and content
- Furlough is as incentive: While ‘furlough’ is considered as an incentive for good conduct in prison and is counted as a sentence served.
- Parole: parole or leave is mostly a suspension of sentence. Emergency parole or leave is granted for specified emergencies such as a death, serious illness or marriage in the family. While most States consider only close relatives such as spouse, parents, son, daughter, brother and sister as close family, Kerala has a long list of more than 24 relatives in case of death and 10 in case of marriage.
- Different circumstances in different states: Though regular parole or leave is granted after serving minimum sentence (varying from one year to four years) in prison, some States include other familial and social obligations such as sowing or harvesting of agricultural crops, essential repair of house, and settling family disputes. In Kerala, a convict becomes eligible for ordinary leave after serving one-third of a year in prison if he is sentenced for one year.
- Concern raised: Despite the fact that temporary release cannot be availed of as a matter of right, the above provisions demonstrate that each State has its own set of rules which not only vary in scope and content, but may also be flouted to give favours to a few.
Conclusion
- Without any common legal framework in place to guide the States and check misuse, arbitrariness is likely to creep in, endangering the entire criminal justice system. With ‘prisons’ in the State List, this task is not feasible unless at least half of the States come together to request the Central government to legislate a common law for the country on parole and furlough.
Mains question

Q. What is parole or furlough? The entire criminal justice system in the country is in jeopardy due to lack of uniformity in rules. Discuss.

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December 6, 2022
Exit Polls and their Regulation in India
As voting for Gujarat elections ended, exit polls are out on the news channels.

What are Exit Polls?
- An exit poll asks voters which political party they are supporting after they have cast their votes in an election.
- In this, it differs from an opinion poll, which is held before the elections.
- An exit poll is supposed to give an indication of which way the winds are blowing in an election, along with the issues, personalities, and loyalties that have influenced voters.
- Today, exit polls in India are conducted by a number of organisations, often in tie-ups with media organisations.
- The surveys can be conducted face to face or online.
Issues with exit polls
- Accuracy: Some common parameters for a good, or accurate, opinion poll would be a sample size that is both large and diverse, and a clearly constructed questionnaire without an overt bias.
- Politicization: Political parties often allege that these polls are motivated, or financed by a rival party.
- Manipulation for popularity: Critics also say that the results gathered in exit polls can be influenced by the choice, wording and timing of the questions, and by the nature of the sample drawn.
History of exit polls in India
- In 1957, during the second Lok Sabha elections, the Indian Institute of Public Opinion had conducted such a poll.
Rules governing exit polls in India
- In India, results of exit polls for a particular election are not allowed to be published till the last vote has been cast.
- The issue of when exit polls should be allowed to be published has gone to the Supreme Court thrice in various forms.
- Currently, exit polls can’t be telecast from before voting begins till the last phase concludes.
Need of such polls
- Popular opinion: Polls are simply a measurement tool that tells us how a population thinks and feels about any given topic.
- Specific viewpoint: Polls tell us what proportion of a population has a specific viewpoint.
- Opportunity to express: Opinion polling gives people who do not usually have access to the media an opportunity to be heard.
Issues with such polls (in context of elections)
- Authenticity: Critics have often questioned their authenticity.
- Manipulation of voters: This largely manipulates voting behavior.
- Sensationalization by media: The media, on the other hand, invariably opposes the idea of a ban as seat forecasts attract primetime viewership.
- Ridiculing the public mandate: The exit polls largely disrespect public opinions inciting confusion regarding the election mandate.
Why does it persist in India?

Ans. Exercise of Free Speech
- The opposition to the ban in India is mainly on the ground that freedom of speech and expression is granted by the Constitution (Article 19).
- What is conveniently forgotten is that this freedom is not absolute and allows for “reasonable restrictions” in the same article.
Limited restrictions that we have in India
- RP Act: The Indian Penal Code and Representation of the People Act, 1951 do contain certain restrictions against disinformation.
- Restrictions on A19: While the Constitution allows for reasonable restrictions on freedom of expression, its mandate to the ECI for free and fair elections is absolute.
- Supreme Court interpretations: The Supreme Court (SC), in a series of judgments, has emphasized this requirement.
- Basic structure doctrine: It considers free and fair elections is the basic structure of the Constitution (PUCL vs Union of India, 2003; NOTA judgment, 2013).
How does it impact the election process?
- Prevalence of paid news in India: Having seen “paid news” in action, it apprehends that some opinion polls may be sponsored, motivated and biased.
- Opacity: Almost all polls are non-transparent, providing little information on the methodology.
- Propaganda: Subtle propaganda on casteist, religious and ethnic basis as well as by the use of sophisticated means like the alleged poll surveys create public distrust in poll process.
- Disinformation: With such infirmities, many “polls” amount to misinformation that can result in “undue influence”, which is an “electoral offense” under IPC Section 171 (C). It is a “corrupt practice” under section 123 (2) of the RP Act.
- Betting: The polling agencies manipulate the margin of error, victory margin for candidates, seat projections for a party or hide negative findings.
Way forward
- Independent regulator: Ideally a body like the British Polling Council would be a viable option. India could set up its own professional, self-regulated body on the same lines say Indian Polling Council.
- Mandatory disclosure: All polling agencies must disclose for scrutiny the sponsor, besides sample size, methodology, time frame, quality of training of research staff, etc.
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December 6, 2022
OBC Sub-Categorization Panel’s Report in ‘Final Stages’
After more than five years of its formation, the commission for the sub-categorization under Justice Rohini of the Other Backward Classes (OBC) is now in the final stages of finishing its task.

Why in news?
- The commission is expected to come up with a formula to further classify the nearly 3,000 caste groups and preparing a report on it.
- This is perceived as crucial development before next Lok Sabha elections.
OBCs and their sub-categorization
- OBCs are granted 27% reservation in jobs and education under the central government.
- In September 20202, a Constitution Bench of the Supreme Court reopened the legal debate on the sub-categorization of SCs and STs for reservations.
- The debate arises out of the perception that only a few affluent communities among over 2,600 included in the Central List of OBCs have secured a major part of this 27% reservation.
Need for sub-categorization
- The argument for sub-categorization — or creating categories within OBCs for reservation — is that it would ensure “equitable distribution” of representation among all OBC communities.
- To examine this, the Rohini Commission was constituted on October 2, 2017.
- At that time, it was given 12 weeks to submit its report but has been given several extensions since, the latest one being the 10th.
- Before the Rohini Commission was set up, the Centre had granted constitutional status to the National Commission for Backward Classes (NCBC).
What are the Commission’s terms of reference?

It was originally set up with three terms of reference:
1. To examine the extent of inequitable distribution of benefits of reservation among the castes or communities included in the broad category of OBCs with reference to such classes included in the Central List;
2. To work out the mechanism, criteria, norms and parameters in a scientific approach for sub-categorization within such OBCs;
3. To take up the exercise of identifying the respective castes or communities or sub-castes or synonyms in the Central List of OBCs and classifying them into their respective sub-categories.
The fourth term of reference was added on January 22, 2020, when the Cabinet granted it an extension:
1. To study the various entries in the Central List of OBCs and recommend correction of any repetitions, ambiguities, inconsistencies and errors of spelling or transcription.
Why so many extensions are being given?
- This was added following a letter to the government from the Commission on July 30, 2019.
- In process of preparing the sub-categorized central list of OBCs, the Commission has noted several ambiguities in the list as it stands now.
- The Commission is of the opinion that these have to be clarified/rectified before the sub-categorized central list is prepared.
What progress has it made so far?
- In its letter to the government on July 30, 2019, the Commission wrote that it is ready with the draft report (on sub-categorization).
- Following the latest term of reference given (on January 22, 2020) to the Commission, it is studying the list of communities in the central list.
How smooth has its work been?
- A hurdle for the Commission has been the absence of data for the population of various communities to compare with their representation in jobs and admissions.
- On August 31, 2018, then Home Minister had announced that in Census 2021, data of OBCs will also be collected, but since then the government has been silent on this.
- Many groups of OBCs have been demanding the enumeration of OBCs in the Census.
What have its findings been so far?
- In 2018, the Commission analyzed the data of 1.3 lakh central jobs given under OBC quota over the preceding five years and OBC admissions to central higher education institutions.
- The findings were: 97% of all jobs and educational seats have gone to just 25% of all sub-castes classified as OBCs; 24.95% of these jobs and seats have gone to just 10 OBC communities.
- 983 OBC communities — 37% of the total — have zero representation in jobs and educational institutions; 994 OBC sub-castes have a total representation of only 2.68% in recruitment and admissions.
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December 6, 2022
Criminalization of Politics
Context
- The increasing trend of criminalization of politics is dangerous and has steadily been eating into the vitals of our democratic polity along with growing corruption of a humongous nature.
What is criminalization of politics?
- Criminals becomes legislators: The criminals entering the politics and contesting elections and even getting elected to the Parliament and state legislature. Criminalization of politics is the focus of public debate when discussion on electoral reforms takes place.
- Criminal nexus: It is result of nexus between politicians and criminals.
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What are the reasons for criminalization of politics
- Political control of state machinery: Increasing trend of criminalization of politics is linked to political control of state machinery, corruption, vote-bank politics and above all, loopholes in the legal system.
- Inaction from bureaucrats: We cannot expect probity and integrity from the bureaucracy if it is controlled in large measure, by criminals. Good governance gets seriously undermined when, for instance, criminals, gangsters or mafia dons, become the political bosses of bureaucrats and subvert the system to serve their interests.
- Embracing the corruption: In such a scenario, the bureaucratic system ceases to resist corruption and often embraces it to carry out the diktats of criminal political bosses and also to suit its own ends.
What are the effects of criminalization of politics?
- Hampering free and fair election: limited choice of voters to elect a candidate to parliament or state. It is against the spirit of free and fair election which is the bedrock of a democracy.
- Unhealthy democratic practice: The major problem is that the law-breakers become law-makers, this affects the efficacy of the democratic process in delivering good governance. These unhealthy tendencies in the democratic system reflect a poor image of the nature of India’s state institutions and the quality of its elected representatives.
- Circulation of black money: It also leads to increased circulation of black money during and after elections, which in turn increases corruption in society and affects the working of public servants.
- Culture of violence: It introduces a culture of violence in society and sets a bad precedent for the youth to follow and reduces people’s faith in democracy as a system of governance.
- Weakening the institutions: This is a pervasive malaise in our body politic, which is assuming cancerous proportions. As a result, the three main pillars of our democracy, namely, Parliament, judiciary and executive, get progressively weakened, and the fundamental concept of a democratic system gets subverted.
What should be done?
- Fast judicial process: Fast-tracking the judicial process will weed out the corrupt as well as criminal elements in the political system.
- Political consensus is necessary: It is high time all political parties came together and developed a consensus on keeping criminals some of them with serious charges including kidnapping, rape, murder, grave corruption and crimes against women out of the system.
- Warning by Vohra committee: The Vohra Committee set up by the Centre in 1993 sounded a note of warning saying that “some political leaders become the leaders of these gangs/armed senas and, over the years, get themselves elected to local bodies, state assemblies and the national Parliament.” This was nearly three decades ago.
Efforts by Supreme court and Executive
- Disclosure of criminal records: In 2002, the Court ruled that every candidate contesting election has to declare his criminal and financial records along with educational qualifications. It must be said that mandatory declaration of assets and existing criminal charges in self-sworn affidavits to the EC, prior to elections, has brought in some degree of transparency.
- Formation of special courts: As a follow-up to these directives, in 2017, the Union government started a scheme to establish 12 special courts for a year to fast track the trial of criminal cases against MPs and MLAs. The apex court has since then issued many directions, including asking the Centre to set up a monitoring committee to examine reasons for delay of investigation in these cases.
- Tackling the pendency of cases: The number of pending cases continues to be a matter of grave concern, so much so that the Supreme Court had been informed, as per media reports of February 2022, that the number of pending criminal cases against sitting and former MLAs and MPs had risen to close to 5,000 towards the end of December 2021.
Conclusion
- There cannot be any leniency to criminals and the corrupt in public life, especially when it comes to a range of crimes which are serious and heinous in nature. Fast tracking trials and expediting the judicial process through a time-bound justice delivery system alone can cleanse our public life and rid it of this widespread disease.
Mains Question

Q. What is the criminalization of Politics? Enlist the reasons for criminalization of politics and solution to tackle the same.

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December 5, 2022
In news: China Indian Ocean Region Forum
China’s top development aid agency convened the first “China-Indian Ocean Region Forum” in the southwestern Chinese city of Kunming.

What is the China Indian Ocean Region Forum?
- It is organised by the China International Development Cooperation Agency (CIDCA).
- It is the latest Chinese initiative focusing on the Indian Ocean Region (IOR).
- It underlines Beijing’s growing strategic interests in a region where its economic footprint has been deepening.
What is it about?
- The CIDCA is China’s new development aid agency similar to the United States Agency for International Development (USAID).
- It aims to-
1. Strengthen policy coordination,
2. Deepen development cooperation,
3. Increase resilience to shocks and disasters, and
4. Enhance relevant countries’ capacity to obtain economic benefits through use of marine resources such as fisheries, renewable energy, tourism, and shipping in a sustainable way
Which countries have backed the forum?
- The organisers have said the forum was attended by high-level representatives and senior officials from 19 countries.
- But at least two of those countries, Australia and Maldives, subsequently released statements rebutting the claim, emphasising that they did not participate officially.
Why such a move by China?

China’s ambitions in the Indian Ocean have been motivated by three factors-
- Gaining significance of Indo-Pacific: As the new world order unveils around the Indo-Pacific, Beijing aims to challenge other major powers, such as India, and establish its hegemony.
- Domestic energy security: Beijing needs the Indian Ocean to ensure its energy security and continue fuelling its growth, which defines its foreign policy and international leverage.
- Hegemony establishment: Establishing new and alternative institutions with IOR countries helps China display its presence and influence from the China Sea to the Indian Ocean, reflecting its status as a significant power.
How is China perceiving its interests?
1. Political corruption: Beijing has cultivated close and personal relationships with political elites and parties of IOR countries, usually through corruption, party funding, and by turning a blind eye to their human rights abuses and democratic infirmities.
2. Fractionalization: Friendship with different political parties in Pakistan; bonhomie with the Rajapaksa clan in Sri Lanka, and close relations with Maldives’ Abdulla Yameen are some examples of this widespread phenomenon.
3. Elite capture: In addition, China has often used the elite capture tactic to ensure a pro-China policy and bag geo-economically and strategically significant projects. This includes concessions on Pakistan’s Gwadar Port and Sri Lanka’s Colombo Port City project.
Where does India stand?
- India was the lone absentee in the forum ignoring the invitation.
- China has exposed its intention with the Indian Ocean Region (IOR) countries.
- New Delhi has viewed China’s recent moves in the region warily, including the recent visit of a Chinese military tracking vessel, the Yuan Wang 5, to Sri Lanka.
- Moreover, India sees the Indian-Ocean Rim Association (IORA) as an already established platform for the region.
China’s plans for the IOR
- The forum has underlined China’s stepped-up interest in the IOR, where it is already a major trading partner for most countries and where sea routes lie vital to China’s economic interests.
- The CIDCA forum is the latest initiative to reflect Beijing’s view that it has a clear stake in the region, and that more such initiatives are likely.
Has China out-powered India in the IOR with this move?
- The Chinese initiative looks like a kind of delayed response.
- It can be seen only as a comparison and competitor to India’s SAGAR (Security and Growth for All in the Region), as outlined by PM Modi in Mauritius in 2015.
- The Indian idea is implemented through the nation’s ‘Neighbourhood First’ policy and such other initiatives as ‘‘Project Mausam’ and ‘Integrated Coastal Surveillance System’ (now shared with Maldives).
- All of them are confined to the Indian Ocean, where India too belongs legitimately, unlike China.
Conclusion
- In a way, the new initiative reflects China’s unending greed.
- It also reflects China’s desire and ambition to measure up to the US in reach and outreach, and through them, geo-economics, geopolitical, and geostrategic comparability.
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December 5, 2022
In news: Electoral Bond Scheme
The government has opened yet another week-long window for electoral bond sales starting December 5.

What are Electoral Bonds?
- Electoral bonds are banking instruments that can be purchased by any citizen or company to make donations to political parties, without the donor’s identity being disclosed.
- It is like a promissory note that can be bought by any Indian citizen or company incorporated in India from select branches of State Bank of India.
- The citizen or corporate can then donate the same to any eligible political party of his/her choice.
- An individual or party will be allowed to purchase these bonds digitally or through cheque.
About the scheme
- A citizen of India or a body incorporated in India will be eligible to purchase the bond
- Such bonds can be purchased for any value in multiples of ₹1,000, ₹10,000, ₹10 lakh, and ₹1 crore from any of the specified branches of the State Bank of India
- The purchaser will be allowed to buy electoral bonds only on due fulfillment of all the extant KYC norms and by making payment from a bank account
- The bonds will have a life of 15 days (15 days time has been prescribed for the bonds to ensure that they do not become a parallel currency).
- Donors who contribute less than ₹20,000 to political parties through purchase of electoral bonds need not provide their identity details, such as Permanent Account Number (PAN).
Objective of the scheme
- Transparency in political funding: To ensure that the funds being collected by the political parties is accounted money or clean money.
Who can redeem such bonds?
- The Electoral Bonds shall be encashed by an eligible Political Party only through a Bank account with the Authorized Bank.
- Only the Political Parties registered under Section 29A of the Representation of the People Act, 1951 (43 of 1951) and which secured not less than one per cent of the votes polled in the last General Election to the Lok Sabha or the State Legislative Assembly, shall be eligible to receive the Electoral Bonds.
Restrictions that are done away
- Earlier, no foreign company could donate to any political party under the Companies Act
- A firm could donate a maximum of 7.5 per cent of its average three year net profit as political donations according to Section 182 of the Companies Act.
- As per the same section of the Act, companies had to disclose details of their political donations in their annual statement of accounts.
- The government moved an amendment in the Finance Bill to ensure that this proviso would not be applicable to companies in case of electoral bonds.
- Thus, Indian, foreign and even shell companies can now donate to political parties without having to inform anyone of the contribution.
Issues with the Scheme
- Opaque funding: While the identity of the donor is captured, it is not revealed to the party or public. So transparency is not enhanced for the voter.
- No IT break: Also income tax breaks may not be available for donations through electoral bonds. This pushes the donor to choose between remaining anonymous and saving on taxes.
- No anonymity for donors: The privacy of the donor is compromised as the bank will know their identity.
- Differential benefits: These bonds will help any party that is in power because the government can know who donated what money and to whom.
- Unlimited donations: The electoral bonds scheme and amendments in the Finance Act of 2017 allows for “unlimited donations from individuals and foreign companies to political parties without any record of the sources of funding”.
Way ahead
- The worries over the electoral bond scheme, however, go beyond its patent unconstitutionality.
- The concern about the possibility of misuse of funds is very pertinent.
- The EC has been demanding that a law be passed to make political parties liable to get their accounts audited by an auditor from a panel suggested by the CAG or EC. This should get prominence.
- Another feasible option is to establish a National Election Fund to which all donations could be directed.
- This would take care of the imaginary fear of political reprisal of the donors.
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December 5, 2022
North East as Gateway to Indo-Pacific Strategy
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Context
- India’s ‘Look East’ and ‘Act East’ policies have moved into the phase of Indo-Pacific policy and strategy. But what we in the national capital interpret as the ‘Indo-Pacific’ is different from the perceptions of this policy in North-eastern and eastern India.
What is Indo-pacific?
- The Indo-Pacific is geographic region interpreted differently by different countries.
- For India, the geography of the Indo-Pacific stretches from the eastern coast of Africa to Oceania whereas, for US, it extends up to the west coast of India which is also the geographic boundary of the US Indo-Pacific command.
Importance of North-East
- Security of India: The Northeast which comprises seven ‘sisters’ or States and one ‘brother’, Sikkim, has been witnessing transformation as it heads towards better security conditions and development
- Geography and Biodiversity: North-eastern Indian States are blessed with a wide range of physiographic and ecoclimatic conditions and the geographical ‘gateway’ for much of India’s endemic flora and fauna.
- Siliguri corridor only connecting link: North-East is home to 3.8% of the national population and occupies about 8% of India’s total geographical area. Siliguri corridor, a narrow strip of land in West Bengal, popularly known as “chicken’s neck” connects this region to the rest of mainland India.
Present condition of north east
- Improved security: Security conditions have improved significantly since 2017. However, the core issues behind the insurgency have remained unresolved.
- Serious non-traditional threats: A notable contrast in security assessments of the authorities and others came to the fore. The official perspective was that the pernicious phenomena of smuggling, drug trafficking, transnational border crime, insurgent activity, and the influx of refugees (from Myanmar) represented serious non-traditional threats.
- Chinese hand in nefarious activities: China was viewed as a ‘constant player’ behind these nefarious activities. This has necessitated vigilance and strict action by the Assam Rifles and other security agencies.
- Sensitive border management: The insensitive handling of those engaged in lawful exchanges with the neighbouring countries. A balanced view indicates that considerable scope exists for more effective and people-sensitive border management in the future.
Development as priority in North East
- Rising road infrastructure: The Northeast is on the right path to concentrate on economic development. More is awaited through improvement in roads linking north-eastern towns and job creation for thousands of graduates produced by local universities.
- Hub of medical tourism: Manipur needs to be promoted as the hub of medical tourism for other Indian States and neighbours such as Myanmar.
- Investment needs to increase: The State’s research and development facilities to leverage the region’s biodiversity should be expanded. Accelerated development requires increased investment by Indian corporates and foreign investors as well as better management.
- Blueprint for economic development: Strategic and business community to contribute to crafting a concrete blueprint for leveraging opportunities relating to commerce, connectivity, and human capital development.
Cultural diplomacy from North east
- Showcasing the culture of north east: An ambitious endeavour by 75 artists from nine countries highlighted the region’s ‘unity in diversity’ through music, dance, drama, and cuisine.
- Education, tourism and trade: Clearly, expanding the reach of cultural diplomacy and people-to-people cooperation through greater educational exchanges, tourism, and trade is desirable.
- Regional cooperation through cultural exchange: Harsh Vardhan Shringla, former Foreign Secretary, aptly stressed that the “shared culture, history and mutual social threads that tie the region with India also an important component towards fostering regional cooperation”.
Cultural dimension to Indo-Pacific
- Geo-cultural dimension: At Kolkata, intellectuals and performers in the cultural domain from India, the U.S., Japan, Thailand, Sri Lanka, and Bangladesh reflected on the Indo-Pacific construct’s cultural dimensions. Moving beyond geopolitics and geo-economics, neighbors should focus on “the geo-cultural dimension” of the Indo-Pacific.
- Expanding people to people cooperation: Diplomats from the region agree on the importance of expanded people-related cooperation which would lead to wider acceptance of the Indo-Pacific and consolidation of the Quad.
Conclusion
- While implementing India’s Indo-Pacific strategy, voices from Northeast and eastern India must be heard. Thus, beyond ‘Look East’ and ‘Act East’ lies ‘Think and Relate East’, especially within our own country.
December 3, 2022
We are the most transparent institution: Supreme Court
The Supreme Court has said that it had become a “fashion” for its former judges to comment on earlier decisions of the Collegium when they were part of it while adding that the apex court was the “most transparent institution”.

What is Collegium System?
- The Collegium of judges is the Indian Supreme Court’s invention.
- It does not figure in the Constitution, which says judges of the Supreme Court and High Courts are appointed by the President and speaks of a process of consultation.
- In effect, it is a system under which judges are appointed by an institution comprising judges.
- After some judges were superseded in the appointment of the CJI in the 1970s, and attempts made subsequently to effect a mass transfer of High Court judges across the country.
- Hence there was a perception that the independence of the judiciary was under threat. This resulted in a series of cases over the years.
Evolution: The Judges Cases
- First Judges Case (1981) ruled that the “consultation” with the CJI in the matter of appointments must be full and effective.
- However, it rejected the idea that the CJI’s opinion, albeit carrying great weight, should have primacy.
- Second Judges Case (1993) introduced the Collegium system, holding that “consultation” really meant “concurrence”.
- It added that it was not the CJI’s individual opinion, but an institutional opinion formed in consultation with the two senior-most judges in the Supreme Court.
- Third Judges Case (1998): On a Presidential Reference for its opinion, the Supreme Court, in the Third Judges Case (1998) expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues.
The procedure followed by the Collegium

Appointment of CJI
- The President of India appoints the CJI and the other SC judges.
- As far as the CJI is concerned, the outgoing CJI recommends his successor.
- In practice, it has been strictly by seniority ever since the supersession controversy of the 1970s.
- The Union Law Minister forwards the recommendation to the PM who, in turn, advises the President.
Other SC Judges
- For other judges of the top court, the proposal is initiated by the CJI.
- The CJI consults the rest of the Collegium members, as well as the senior-most judge of the court hailing from the High Court to which the recommended person belongs.
- The consultees must record their opinions in writing and it should form part of the file.
- The Collegium sends the recommendation to the Law Minister, who forwards it to the Prime Minister to advise the President.
For High Courts
- The CJs of High Courts are appointed as per the policy of having Chief Justices from outside the respective States. The Collegium takes the call on the elevation.
- High Court judges are recommended by a Collegium comprising the CJI and two senior-most judges.
- The proposal, however, is initiated by the Chief Justice of the High Court concerned in consultation with two senior-most colleagues.
- The recommendation is sent to the Chief Minister, who advises the Governor to send the proposal to the Union Law Minister.
Does the Collegium recommend transfers too?
- Yes, the Collegium also recommends the transfer of Chief Justices and other judges.
- Article 222 of the Constitution provides for the transfer of a judge from one High Court to another.
- When a CJ is transferred, a replacement must also be simultaneously found for the High Court concerned. There can be an acting CJ in a High Court for not more than a month.
- In matters of transfers, the opinion of the CJI “is determinative”, and the consent of the judge concerned is not required.
- However, the CJI should take into account the views of the CJ of the High Court concerned and the views of one or more SC judges who are in a position to do so.
- All transfers must be made in the public interest, that is, “for the betterment of the administration of justice”.
Loopholes in the Collegium system
- Lack of Transparency: Opaqueness and a lack of transparency, and the scope for nepotism are cited often.
- Judges appointing Judge: The attempt made to replace it with a ‘National Judicial Appointments Commission’ was struck down by the court in 2015 on the ground that it posed a threat to the independence of the judiciary.
- Criteria: Some do not believe in full disclosure of reasons for transfers, as it may make lawyers in the destination court chary of the transferred judge.
Way ahead
- In respect of appointments, there has been an acknowledgment that the “zone of consideration” must be expanded to avoid criticism that many appointees hail from families of retired judges.
- The status of a proposed new memorandum of procedure, to infuse greater accountability, is also unclear.
- Even the majority opinions admitted the need for transparency, now Collegiums’ resolutions are now posted online, but reasons are not given.
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December 3, 2022
G20: Setting the World Agenda Through Task Forces
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Context
- India’s G20 presidency began on December 1. It will be driven by the underlying vision of “Vasudhaiva Kutumbakam”, best encapsulated by the motto “One Earth, One Family, One Future”. As the main “ideas bank” of the G20, the activities and deliberations of the Think20 (T20) engagement group of the G20 are spread over seven task forces.
Task force on “Macroeconomics, trade, and livelihoods”
- Create Coherence in monetary and fiscal policy: It has the mandate to make recommendations on coordination within the G20 to create coherence in monetary and fiscal policy, trade, investment, and supply chain resilience.
- Recover together, recover stronger: The aim is to give further impetus to the initiatives taken by the Indonesian presidency to “Recover Together, Recover Stronger” in the post-pandemic period.
- Consensus on international trade: With supply chain resilience emerging as a common concern against the backdrop of ineffective WTO mechanisms, the G20 has assumed the mantle as the most significant platform to forge consensus among the top 20 economies on international trade policy.
Task force on “Digital Futures”
- Digital infrastructure: It will endeavour to build an inclusive digital public infrastructure to ensure affordability and safe access by all.
- Interoperability of Digital services: It will discuss the universal interoperability of digital services. It will also address issues of digital financial inclusion and skills, both integral to economic growth.
Task force on “LiFE, Resilience, and Values for Wellbeing”
- Lifestyle for Environment (LiFE): The LiFE initiative aims to put the individual at the centre of the discourse and to sensitise every human being, regardless of nationality and geography. If individuals become more conscious of their lifestyle choices and act more responsibly, it can make a huge difference.
- Contribution of all: The focus on LiFE is a timely initiative given the fact that the deleterious effects of climate change on the economy and livelihood are felt the most by the vulnerable countries around the world.
Task force on “Green transitions”
- Refuelling growth: Growth will be the aim of the task force on green transitions as it recommends pathways for a smooth transition to clean energy without compromising on efforts for global economic revival in a post-pandemic world.
Task force on the “Global financial order”
- Restructuring the financial institution: It will examine the potential for realigning the global financial architecture. The challenge today is to restructure institutions in accordance with contemporary economic needs, including for infrastructure.
- Finance and resource mobilization: Greater access to development finance and resource mobilisation through innovative methods is of key importance.
Task force on “Accelerating SDGs”
- Sustainable collaboration: It will explore new pathways to deliver on the 2030 agenda through strengthened and sustainable collaboration.
- Focus on circular economy to reduce waste: Given the earth’s finite resources, a shift towards a circular economy and deliberate and mindful consumption is likely to reduce waste and help build a virtuous cycle for development.
Task Force on “Reformed Multilateralism”
- Road map for Multilateralism 2.0: It will seek to create a roadmap for “Multilateralism 2.0”. A targeted reform agenda for key multilateral institutions, whether the United Nations or its affiliated frameworks such as the WHO, WTO and the ILO, must be undertaken.
- Representative world order: With sincere efforts, the global community can look forward to the birth of a more representative and egalitarian multipolar world order from the chrysalis of the G20.
Conclusion
- The year ahead is an opportunity for India to share its values to world. Vasudhaiva Kutumbakam, the guiding canon for India’s Neighbourhood First Policy and Vaccine Maitri, places higher human values above narrow nationalism. It is an approach that is expected to permeate all aspects of India’s G20 Presidency.
Mains Question

Q. What are the different task forces created under India’s G20 presidency? Briefly explain the role of different task forces.

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December 2, 2022
Reforming the Election Commission
Context
- A five-judge Constitution Bench of the Supreme Court is examining a bunch of petitions recommending reforms in the process of appointment of members of the Election Commission.
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Electoral reforms and reluctant Governments
- Long pending reforms: A list of over 20 reform proposals was compiled in 2004. More proposals were added to the list over time and are pending with government.
- Ineffective model code of conduct: These range from strengthening the Commission’s inherent structure to handling the misuse of muscle and money power during elections, which violate the Model Code of Conduct.
- Judicial intervention because of reluctant Government: It is hoped that the Bench will also examine electoral reforms suggested to governments by successive Election Commissions over the last two decades or so.
Issue of appointment of election commissioners
- The Dinesh Goswami Committee in 1990: It is suggested that the Chief Election Commissioner be appointed by the President (read: executive) in consultation with the Chief Justice of India and the Leader of the Opposition (and in case the Leader of the Opposition was not available, then consultation be held with the leader the largest opposition group in the Lok Sabha).
- Statutory backing for collegium led appointment: It said this process should have statutory backing. Importantly, it applied the same criteria to the appointments of Election Commissioners, along with consultation with the Chief Election Commissioner.
- The National Commission to Review the Working of the Constitution: The commission under Justice M.N. Venkatachalam, said that the Chief Election Commissioner and other Election Commissioners should be appointed on the recommendation of a body comprising the Prime Minister, the Leaders of the Opposition in the Lok Sabha and the Rajya Sabha, the Speaker of the Lok Sabha and the Deputy Chairman of the Rajya Sabha.
- The 255th Report of the Law Commission: Chaired by Justice A.P. Shah, said the appointment of all the Election Commissioners should be made by the President in consultation with a three-member collegium consisting of the Prime Minister, the Leader of the Opposition of the Lok Sabha (or the leader of the largest opposition party in the Lok Sabha), and the Chief Justice of India.
What is T.N.Seshan case?
- Conferred equal power on election commissioners: The T.N.Seshan case conferred equal powers on the Election Commissioners as those enjoyed by the Chief Election Commissioner (referring to the Chief Election Commissioner as primus inter pares, or first among equals).
- Equal protection was not conferred: Supreme court offered majority power, whereby any two can overrule even the Chief Election Commissioner. Yet, it did not accord the Election Commissioners the same constitutional protection (of removal by impeachment) as is accorded to the Chief Election Commissioner.
Why security of tenure is important for Election Commissioners?
- Hesitancy to act: Without security of tenure, they may hesitate to act independently, which they otherwise might if they were truly secure.
- Junior to chief election commission: In the absence of full constitutional security, an Election Commissioner could feel they must keep on the right side of the Chief Election Commissioner.
- Remain loyal to government: They might also feel they should remain within the ambit favoured by the government.
- Fear of non-elevation: An Election Commissioner can never be sure whether they will automatically be elevated to the top post because nowhere has elevation been statutorily decreed.
What are the suggested reforms?
- Same procedure for removal of judge: It is suggested measures to safeguard Election Commissioners from arbitrary removal, in a manner similar to what is accorded to the Chief Election Commissioner, who can only be removed by impeachment, which is by no means easy.
- Appointment by collegium: While the Chief Election Commissioner should be appointed by a collegium, this must apply equally to the Election Commissioners.
- Reform by constitutional amendments: The Election Commissioners must now equally be protected from arbitrary removal by a constitutional amendment that would ensure a removal process that currently applies only to the Chief Election Commissioner.
Conclusion
- Reforms in election commission is absolutely necessary but manner of reforms is debatable. Judiciary’s role is not to reform the institution but to deliver the justice. This might be another case of judicial overreach in legislative domain any reform. Any reform in election commission has to come from legislature.
Mains Question

Q. What are the necessary reforms in Election commission of India? Why security of tenure is important for election commissioners?

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December 1, 2022