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GS Paper: GS2

  • Criminalization of Politics

    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.

    Politics

    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.

    Politics

    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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  • In news: China Indian Ocean Region Forum

    china

    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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  • 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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  • North East as Gateway to Indo-Pacific Strategy

    Indo-Pacific

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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.

    Indo-Pacific

    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”.

    Indo-Pacific

    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.

  • 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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  • G20: Setting the World Agenda Through Task Forces

    G20

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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.

    G20

    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.

    G20

    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.

    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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  • Reforming the Election Commission

    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.

    Election Commission

    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.

    Election Commission

    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.

    Election Commission

    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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  • Education as a tool of innovation for the climate change generation.

    Education

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    Context

    • Instead of mirroring a broken development paradigm predicated on an extractive relationship with nature, India can lead with an approach that’s better for both people and the planet. A climate-resilient education system will be essential to realising this opportunity.

    Background

    • India’s LiFE mass movement: At COP27, India released its Long-Term Low Emissions and Development Strategies (LT-LEDS). This outlines priorities for carbon-intensive sectors like electricity and industry and transport, and emphasizes the role of a Lifestyle for Environment (LiFE) as a mass movement towards sustainable consumption and production.
    • Education is vital: From behavioral shifts of individuals to the re-shaping of markets, education has a vital role in the LiFE movement.
    • Potential of demand side actions: According to the Intergovernmental Panel on Climate Change (IPCC), this could make a significant dent in reducing planet-warming gases, demand-side actions have the potential to cut greenhouse gas emissions by 40-70 per cent in 2050.

    Education

    What are the challenges facing the education sector and children at present?

    • School closures during the Covid pandemic affect productivity: school closures during the pandemic have led to a learning deficit that’s getting reflected in reduced test scores. This will likely impact productivity and per capita income levels in the long term. One year of school closures could reduce GDP levels by anywhere from 1.1 to 4.7 per cent by mid-century, according to a paper by the Organisation for Economic Co-operation and Development.
    • Hinderance to the economic mobility: The lasting impacts of Covid-19 could hinder economic mobility for a generation of Indians and alter the arithmetic for public finance.
    • Climate change impacts children more: Climate impacts are already disrupting children’s learning and well-being globally. For instance, extreme heat reduces students’ learning levels and causes physiological harm. Schools are temporarily shut down and children’s health is affected due to persistently poor air quality in cities like Delhi.
    • Disasters and displacing families affecting children: Debilitating deluges are permanently displacing families, often leading to children (and disproportionately girls) dropping out of schools and being trafficked or subject to child labour due to distressed household incomes. As these disasters grow more frequent and intense, we must prepare the infrastructure, content, and delivery of the public education system to protect the most vulnerable citizens, many of whom will be climate refugees.
    • Anxiety about the future: The lived experiences of climate-induced disasters and anxiety about the future are causing despair and dread among young people. This is compounded by digital platforms and news cycles that don’t linger long enough to make sense of challenges or build a widespread understanding of breakthroughs like the significant reductions in the costs of renewable energy.

    Education

    How can the climate education system be used to both prevent crisis and create opportunity?

    • Creating a strong and inclusive climate-resilient education system at national level: At a national level, a strong enabling framework for a climate-resilient education system shall cover matters from curricula to nutrition to school building codes in a climate-changed world. With its scale and reach, the public school system is not only a source of learning but also shelter, clothing, food, and community for millions.
    • Programs in states shall be implemented according to the local demands: Design and implementation in states and districts should be shaped by existing local needs and anticipated climate risks. This could involve infrastructure investments so school buildings can double up as emergency shelters in cyclone-prone areas and capacity additions so government schools in mega-cities that are destinations for climate migrants can integrate and empower children
    • Emphasize should be on social and emotional learning: Students’ mental health needs should be served through an empathic expansion and an emphasis on social and emotional learning. Across the board, children should be able to access clean water and nutritious food.
    • Technical curriculum with indigenous knowledge shall be applied: Curricula can be infused with scientific and technical know-how alongside indigenous and local knowledge. In pockets, there are already innovative initiatives under-way where non-government organisations are adding tremendous value through contextualisation and close work with communities.
    • Integrating biodiversity conservation learning process: Students should be taught about the potential of integrating biodiversity conservation with regenerative agriculture. Youth must be empowered and encourages to take civic and climate actions from waste management to recycle, to lake restorations and to make their city more liveable.
    • Fostering critical thinking: The cross-cutting imperative should be to foster critical thinking instead of rote learning so that the next generation can embrace complexity and make informed choices.

    Education

    Way ahead

    • There is a need for climate education across society rather than simply at the primary and secondary levels.
    • There is need to retrain workers in industries that have a future in a green economy.
    • So is the need to priorities technical training in colleges and universities so we can rapidly accelerate our decarbonization pathway.

    Conclusion

    • We can’t afford to be narrowly focusing on technical training for the innovation, research, and development of climate technologies. Rather, we should develop strong analytical capabilities and holistic thinking about societal transformations and how new technologies will be embedded in communities. As Elizabeth Kolbert, the Pulitzer Prize-winning journalist put it, “the ‘invisible hand’ always grasps for more”.

    Mains question

    Q. Climate change is rapidly altering the environment and economy, especially affecting children. In this light, Climate resilient education systems can be used to prevent crises and create opportunities. Discuss.

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  • Doubling court strength won’t end pendency: Supreme Court

    pendency

    Judiciary is overburdened because of the system, says Chief Justice of India Chandrachud; he points out that it is already difficult to find good lawyers to fill judicial vacancies in High Courts.

    What is the news?

    • The Supreme Court has said that increasing the number of judges will not demolish the perennial problem of pendency.
    • It noted that it is already difficult finding good lawyers to accept the call to the Bench in High Courts.

    Indian Judiciary: A Backgrounder

    • Our Judicial system has been the nation’s moral conscience keeper.
    • It speaks truth to political power, upholds the rights of citizens, mediates between Centre-state conflicts, provides justice to the rich and poor alike, and on several momentous occasions, saved democracy itself.
    • Despite its achievements, a gap between the ideal and reality has been becoming clear over the years.
    • The justice delivery is slow, the appointment of judges is mired in controversy, disciplinary mechanisms scarcely work, hierarchy rather than merit is preferred, women are severely under-represented, and constitutional matters often languish in the Supreme Court for years.

    Why there is huge pendency?

    There are various reasons for delay of disposal of cases. Some of the important reasons as well as some suggestion and recommendations are as follows:

    • Low judge strength and appointment: In High courts of India, there are 1079 approved strength of judges out of which 680 is the working strength. There are 399 vacancies as per the approved strength.
    • Process of law: There are lot of hearings in a case, number of adjournments in a case, victims become frustrated of fighting for justice. The accused are misusing the process of law for their benefit.
    • Absenteeism of Judges: Judges need vacations to spent time with their family and society. The judiciary is providing them vacations to spent time in the society but some judges need more holidays to enjoy their life.
    • Number of appeals available in a case: Appeal provisions are made to satisfy the party or to check justice but litigants made it a means to earn more money from the parties. They make an appeal in every case decided by the lower court.
    • Lack of infrastructure: Courts lack of basic facilities like proper washroom facilities, canteen facilities, parking, and library for advocates, sitting facilities for advocates and drinking water facilities.
    • Misuse of process of law: There are so many cases which are running for more than 30 years and accused are contesting election and doing the corruption. The delay is often rewarding for the accused.
    • Legal education system: Legal education is not capable to produce efficient law professionals. Advocates are not capable do trial efficiently and fast, they need time to prepare for the case that results in slow trial of the case.

    Other challenges to the judicial system

    • Lack of infrastructure of courts
    • High vacancy of judges in the district judiciary
    • Pendency of Cases
    • Ineffective planning in the functioning of the courts
    • Delay in the delivery of judgements
    • Lack of transparency in appointments and transfers.
    • Corruption
    • Undertrials serving Jail
    • Outdated laws ex. Section 124A IPC

    What led to the underperformance of the Indian Judiciary?

    The primary factors contributing to docket explosion and arrears as highlighted by the Justice Malimath Committee report are as follows:

    • Population explosion
    • Litigation explosion
    • Hasty and imperfect drafting of legislation
    • Plurality and accumulation of appeals (Multiple appeals for the same issue)
    • Inadequacy of judge strength
    • Failure to provide adequate forums of appeal against quasi-judicial orders
    • Lack of priority for disposal of old cases (due to the improper constitution of benches)

    Recent developments:

    Proposal for the creation of National Judicial Infrastructure Corporation (NJIC)

    • The CJI has pitched to set up a National Judicial Infrastructure Corporation (NJIC) to develop judicial infrastructure in trial courts.
    • He indicated a substantial gap in infrastructure and availability of basic amenities in the lower judiciary.
    • There is a dearth of court halls, residential accommodation, and waiting rooms for litigants in trial courts, especially in smaller towns and rural areas.
    • Experience shows that budgetary allocation for state judiciary often lapses since there is no independent body to supervise and execute such works.
    • NJIC is expected to fill this vacuum and overcome problems related to infrastructure.

    Way forward

    • Creating NJIC: It will bring a revolutionary change in the judicial functioning provided the proposed body is given financial and executive powers to operate independently of the Union and the State governments.
    • Appointment reforms: There are many experts who advocate the need to appoint more judges with unquestionable transparency in such appointments.
    • Creating All Indian Judiciary Services: It would be a landmark move to create a pan-India Service that would result in a wide pool of qualified and committed judges entering the system.
    • Technology infusion: The ethical and responsible use of AI and ML for the advancement of efficiency-enhancing can be increasingly embedded in legal and judicial processes. Ex. SUPACE.
    • Legal education: This should be in alignment with the evolving dynamics of the law and must be propagated in trial and constitutional courts. This will improve the competence of the judicial system.
    • Alternate Dispute Resolution (ADR): ADR mechanisms should be promoted for out-of-court settlements. Primary courts of appeal should be set up.

     

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  • Jallikattu Case: What right do you want to protect, Supreme Court asks petitioners

    jallikattu

    The Supreme Court has asked activists what they found wrong in Tamil Nadu’s Jallikattu law when it protects animals from “unnecessary pain” and sought to preserve the “culture and traditions” of the people in the State.

    What is the news?

    • The Prevention of Cruelty to Animals (TN Amendment) Act of 2017 and the Prevention of Cruelty to Animals (Conduct of Jallikattu) Rules of 2017 has recognised the culture and traditions of the people as a fundamental right.
    • The petitioners, said that a mere activity does not give a fundamental right status because of an assertion.
    • It referred to how practices like Sati, dowry, widow re-marriage, child marriage, etc. were once recognised as fundamental to our culture and stopped through legislation.

    What is Jallikattu?

    • It is a bull-taming sport and a disputed traditional event in which a bull such is released into a crowd of people.
    • Multiple human participants attempt to grab the large hump on the bull’s back with both arms and hang on to it while the bull attempts to escape.
    • Participants hold the hump for as long as possible, attempting to bring the bull to a stop. In some cases, participants must ride long enough to remove flags on the bull’s horns.
    • It is typically practised in the state of Tamil Nadu as a part of Pongal (harvest) celebrations in January.

    Issue with the sport

    An investigation by the Animal Welfare Board of India concluded that “Jallikattu is inherently cruel to animals”.

    • Human deaths: The event has caused several human deaths and injuries and there are several instances of fatalities to the bulls.
    • Manhandling of animals: Animal welfare concerns are related to the handling of the bulls before they are released and also during the competitor’s attempts to subdue the bull.
    • Cruelty to animal: Practices, before the bull is released, include prodding the bull with sharp sticks or scythes, extreme bending of the tail which can fracture the vertebrae, and biting of the bull’s tail.
    • Animal intoxication:  There are also reports of the bulls being forced to drink alcohol to disorient them, or chilli peppers being rubbed in their eyes to aggravate the bull.

    Arguments in favour

    • Native breed conservation: According to its protagonists, it is not a leisure sport available but a way to promote and preserve the native livestock.
    • Cultural significance: Jallikattu has been known to be practiced during the Tamil classical period (400-100 BCE) and finds mention in Sangam texts.
    • Man-animal relationship: Some believe that the sport also symbolizes a cordial man-animal relationship.

     

     

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