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GS Paper: GS2

  • Pacific Nations reject China Security Pact

    China has suffered a big diplomatic humiliation in the pacific. 10 island nations in the region rejected China’s proposed security pact.

    Why in news?

    • Chinese foreign minister Wang Yi has returned empty-handed in a highly decorated visit to the Pacific Nations.
    • The secret deal that was to be brokered got leaked in public media, caused huge embarrassment to the Chinese.

    Conspicuous features of the Pact

    • China has had offered to radically ramp up its activities in the South Pacific, directly challenging the influence of the US and its allies in the strategically vital region.
    • The failed deal saw Beijing to:
    1. Train Pacific island police,
    2. Become involved in cybersecurity,
    3. Expand political ties,
    4. Conduct sensitive marine mapping and
    5. Gain greater access to natural resources on land and in the water
    • As an enticement, Beijing is offering millions of dollars in financial aid, the prospect of a potentially lucrative China-Pacific islands free trade agreement and access to China’s vast market.

    Why Pacific Nations rejected this lollipop?

    • The offer is perceived was “disingenuous” and would “ensure Chinese influence in government” and “economic control” of key industries.
    • The nations also cited a lack of regional consensus.

    Pls make observations about Pacific Island Nations:

     

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  • The return of the great power rivalries

    Context

    The post-Cold War period of peace in Europe is more an aberration than norm in the continent’s history of conflicts.

    Background of the First World War

    • The Russian power had collapsed in its far east after the war with Japan in 1904-05.
    • Faced with the erosion of Russian influence and the rise of Wilhelmine Germany, which together threatened to alter Europe’s balance of power, France and Britain, competing colonial powers, came together. 
    • France had already reached an alliance with Russia.
    • The three would later form the Triple Entente, triggering a dangerous security competition in Europe with the Triple Alliance (Germany, Austria-Hungary and Italy), which would eventually lead to the First World War in 1914.
    • What triggered the great power security competition in the run-up to the First World War was the phenomenal rise of Wilhelmine Germany as a military and industrial power and the regional hegemons’ response to it.

    Similarities with the past

    • When Otto von Bismarck became the Minister-President of Prussia in September 1862, there was no unified German state.
    •  Bismarck adopted an aggressive foreign policy, fought and won three wars — with Denmark, Austria and France — destroyed the confederation, established a stronger and larger German Reich that replaced Prussia.
    • Bismarck stayed focused on transforming Germany internally in his last two decades.
    • It was on the foundation Bismarck built that Wilhelmine Germany turned to weltpolitik in the early 20 century, seeking global domination.
    • If Bismarck inherited a weak, loosely connected group of German speaking entities in 1862, Russian President Vladimir Putin got a Russia in 2000 that was a pale shadow of what was the Soviet Union.
    • Bismarck spent his years in power expanding the borders of Germany and building a stronger state and economy.
    • The post-Cold War Russia initially stayed focused on the restoration of the state and the economy, and then sought to expand its borders and challenge the continent’s balance of power — first the Crimean annexation and now the Ukraine invasion.
    • While NATO’s expansion deepened Russia’s security concerns, driving it into aggressive moves, Russia’s aggression has strengthened NATO’s resolve to expand further into Russia’s neighbourhood.

    Offensive realism

    • Offensive realists argue that “revisionist powers” tend to use force to rewrite the balance of power if they find the circumstances are favourable, while the status quo powers, or the existing regional hegemons, would seek to thwart any new country attaining more power at their expense.
    • The result of this type of competition is permanent rivalry and conflict.
    • One major difference between the era of Wilhelmine Germany and modern Russia is that there were no well-defined international laws in the 19th and early 20th centuries.
    • The international system has evolved ever since.
    • But its basic instincts, as realists would argue, have not changed much.
    • Mr. Putin’s Russia is not the first country that violated the sovereignty of a weaker power and flouted international laws in the “rules-based” order.

    Future of Europe’s security

    • Russia apparently had two strategic objectives in Ukraine —
    • One, to expand Russian borders and create a buffer.
    • And two, to reinforce Russia’s deterrence against NATO.
    • While Russia has succeeded, though slowly, in expanding its borders by capturing almost all of Ukraine’s east, the war has backfired on its second objective.
    • Russia’s inability to clinch a quick outright victory in Ukraine and the tactical retreats it has already made have invariably dealt a blow to the perception of Russian power that existed before the war.
    • This has strengthened NATO, driving even Sweden and Finland into its arms. Besides, the economic sanctions would leave a long-term hole in Russia’s economy.
    • But a Russia that is bogged down in Ukraine and encircled by NATO need not enhance Europe’s security.
    • As Henry Kissinger said at Davos, Russia had been and would remain an important element in the European state system.

    Conclusion

    The prospects are bleak. There will not be peace in Europe unless either Russia accepts its diminished role and goes into another spell of strategic retreat or Europe and the West in general accommodate Russia’s security concerns. Both look unrealistic as of today.

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  • E-governance

    Context

    There are several reforms and governance initiatives that have successfully steered India to its current strength.

    Contribution of Digital India program

    • A report carding of Digital India’s performance shows impressive progress.
    • Thus far, the government has transferred more than Rs 17 lakh crore through DBT while saving Rs 2.2 lakh crore.
    • Today, India has the world’s fastest-growing and most vibrant startup ecosystem with close to 70,000 registered startups and around 100 unicorns, with a unicorn coming up every week.
    • GST regime: Thanks to the most significant reform in indirect taxation through the GST and tax compliance, India has registered its highest ever collections.
    • Revenue increased from Rs 22 lakh crore in FY 21 to Rs 27 lakh crore in FY 22 — a whopping 22 per cent growth.
    • Role in India’s response to pandemic: Digital India played a significant role in India’s response to the pandemic.
    • It ensured that the government could reach people in remote parts of the country.
    • Health, education and other essential services migrated swiftly to the online mode.

    Use of technology for governance amid pandemic

    • Digital India played a significant role in India’s response to the pandemic.
    • It ensured that the government could reach people in remote parts of the country.
    • Health, education and other essential services migrated swiftly to the online mode.
    • It would not be an aberration to say that post-Covid, India emerged as a preeminent nation in the use of technology for governance.

    Conclusion

    The rapid digitalisation of the world along with a new focus on trust in the global supply chains for digital products and services presents tremendous opportunities for India and its youth.  It is now up to all of us to engage in a collective “sabka prayas” to realise New India’s economic potential.

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  • Reservation in Public Employment: Key Events

    This newscard is an excerpt from the original article published in the TH.

    Reservation in Promotion

    • The jurisprudence of reservation relies on the symbiotic coexistence of constitutionally guaranteed equality of opportunity in public employment under Article 16 (1) of the Constitution of India.
    • The classifications were various clauses of the same article, especially Article 16(4) and Article 16 (4 A).
    • It specifically aimed to provide reservation in promotion to Scheduled Castes and Scheduled Tribes, respectively.
    • These articles vested a discretion on the government to consider providing reservations for the socially and educationally backward sections of the society.

    Reservation not a fundamental Right

    • It is a settled law, time and again reiterated by the Supreme Court, that there is no fundamental right to reservation or promotion under Article 16(4) or Article 16(4 A) of the Constitution.
    • Rather they are enabling provisions for providing reservation, if the circumstances so warrant (Mukesh Kumar and Another vs State of Uttarakhand & Ors. 2020).
    • However, these pronouncements no way understate the constitutional directive under Article 46.
    • Article 46 mandates that the state shall promote with special care the educational and economic interests of the weaker sections of the people and in particular SCs and STs.
    • However such provisions resulted in the ever-evolving jurisprudence of affirmative action in public employment.

    Major events

    (1) Mandal storm

    • Reservation in employment which was otherwise confined to SC and STs got extended to new section called the Other Backward Classes (OBCs).
    • This was the basis of the recommendations of the Second Backward Class Commission as constituted, headed by B.P. Mandal.
    • The Mandal Commission (1980) provided for 27% reservation to OBC in central services and public sector undertakings.
    • This was over and above the existing 22.5% reservation for SCs and STs, was sought to be implemented by the V.P. Singh Government in 1990.
    • The same was assailed in the Supreme Court resulting in the historic Indra Sawhney Judgment.

    (2) Indra Sawhney Judgment (1992)

    • In the judgment, a nine-judge bench presided by CJI MH Kania upheld the constitutionality of the 27% reservation.
    • But it put a ceiling of 50% unless exceptional circumstances warranting the breach, so that the constitutionally guaranteed right to equality under Article 14 would remain secured.
    • While Article 16(1) is a fundamental right, Article 16(4) is an enabling provision and not an exception.
    • Further, the Court directed the exclusion of creamy layer by way of horizontal division of every other backward class into creamy layer and non-creamy layer.

    (3) The Constitution (Seventy-seventh Amendment) Act, 1995

    • In Indra Sawhney Case, the Supreme Court had held that Article 16(4) of the Constitution of India does not authorise reservation in the matter of promotions.
    • However, the judgment was not to affect the promotions already made and hence only prospective in operation, it was ruled.
    • By the Constitution (Seventy-seventh Amendment) Act, 1995, which, Article 16(4-A), was inserted.
    • It aimed to provide the State for making any provision for reservation in matters of promotion to any class or classes of posts in the services under the State.
    • This was to be in favour of the SCs and the STs which, in the opinion of the State, are not adequately represented in the services under the State.
    • Later, two more amendments were brought, one to ensure consequential seniority and another to secure carry forward of unfilled vacancies of a year.

    (4) M. Nagaraj (2006) Case

    • A five-judge bench of Supreme Court declared the 1995 amendment as not vocative of basic structure of the Constitution.
    • It laid down ceratin conditions which included the collection of quantifiable data showing backwardness of the class and inadequacy of representation of that class in public employment.
    • The bench held that the creamy layer among SCs and STs is to be excluded from reservation.

    (5) Jarnail Singh vs Lachhmi Narain Gupta (2018)

    • It was authored by Justice Rohinton Nariman and indicates a critical turn in the jurisprudence of reservation.
    • In this case, a constitution bench of Supreme Court was called on to examine wisdom of the 2006 judgment.
    • This task was to examine the constitutionally recognised socio-economic backwardness of the SCs and STs which may not require any further substantiation.
    • It was also contended that the requirement to identify creamy lawyer among SC and STs fell foul of Indra Sawhney decision.
    • The constitution bench invalidated the requirement to collect quantifiable data in relation to SCs and STs.
    • It upheld the principle of applicability of creamy lawyer in relation to SCs and STs.

    (6) The Constitution (103rd Amendment) Act, 2019

    • The 10% reservation for Economically Weaker Sections (EWS) other SCs, STs and backward classes for government jobs and admission in educational institutions.
    • This is currently under challenge before the Supreme Court which has referred the same to a constitution bench.
    • This was a critical milestone to specifically include economic backwardness without social backwardness as is traditionally seen.

    (7) Dr. Jaishri Laxmanrao Patil vs Chief Minister (2021)

    • Despite the Indra Sawhney ruling, there have been attempts on the part of many States to breach the rule by way of expanding the reservation coverage.
    • The Maharashtra Socially and Educationally Backward Classes Act 2018, (Maratha reservation law) came under challenge before the Supreme Court.
    • This case was referred to a bench of five judges to question whether the 1992 judgment needs a relook.
    • Interestingly, the Supreme Court affirmed the Indra Sawhney decision, and struck down Section 4(1)(a) and Section 4(1)(b) of the Act which provided 12% reservation for Marathas in educational institutions and 13% reservation in public employment respectively.
    • This judgment gave out a strong message that some State governments blatantly disregard the stipulated ceiling on electoral gains rather than any exceptional circumstances.

     

     

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  • Allow Surrogacy For Single Men, Mothers: Delhi HC

    The Delhi High Court issued a notice to the Union government on a petition challenging some provisions of the Surrogacy (Regulation) Act and the Assisted Reproductive Technology (Regulation) Act.

    Issues raised by the petition

    • Currently, the laws does not allow single men to have child through surrogacy.
    • Married women can only avail surrogacy services if they are unable to produce a child due to medical conditions.
    • Otherwise, for women to avail of surrogacy services, they must be aged between 35 and 45 and widowed or divorced.
    • Women can only offer surrogacy if they are aged between 25 and 35 and married with at least one biological child.
    • The laws also require a surrogate to be genetically related to the couple who intend to have a child through this method, their petition said.

    Basis of the Petition

    • The personal decision of a single person about the birth of a baby through surrogacy, i.e., the right of reproductive autonomy is a facet of the right to privacy guaranteed under Article 21 of the Constitution.
    • Thus, the right to privacy of every citizen or person affecting a decision to bear or beget a child through surrogacy cannot be taken away.

    Distinct features of the Surrogacy (Regulation) Act, 2021

    • Definition of surrogacy: It defines surrogacy as a practice where a woman gives birth to a child for an intending couple with the intention to hand over the child after the birth to the intending couple.
    • Regulation of surrogacy: It prohibits commercial surrogacy, but allows altruistic surrogacy which involves no monetary compensation to the surrogate mother other than the medical expenses and insurance.
    • Purposes for which surrogacy is permitted: Surrogacy is permitted when it is: (i) for intending couples who suffer from proven infertility; (ii) altruistic; (iii) not for commercial purposes; (iv) not for producing children for sale, prostitution or other forms of exploitation; and (v) for any condition or disease specified through regulations.
    • Eligibility criteria: The intending couple should have a ‘certificate of essentiality’ and a ‘certificate of eligibility’ issued by the appropriate authority ex. District Medical Board.

    Eligibility criteria for surrogate mother:

    • To obtain a certificate of eligibility from the appropriate authority, the surrogate mother has to be:
    1. A close relative of the intending couple;
    2. A married woman having a child of her own;
    3. 25 to 35 years old;
    4. A surrogate only once in her lifetime; and
    5. Possess a certificate of medical and psychological fitness for surrogacy.
    • Further, the surrogate mother cannot provide her own gametes for surrogacy.

    Also read

    [Burning Issue] Surrogacy in India

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  • AKRUTI Program to start in Kudankulam

    The Nuclear Power Corporation of India Limited is all set to launch AKRUTI programme in the villages surrounding Kudankulam Nuclear Power Project (KKNPP).

    AKRUTI Program

    • The Nuclear Power Corporation of India Limited is assisting unemployed youth living near the Tarapur Atomic Power Station (TAPS) through AKRUTI.
    • AKRUTI stands for Advanced Knowledge and Rural Technology Implementation (AKRUTI) program.
    • Areas of water, food processing, agriculture and waste management in rural areas are covered under the AKRUTI program.
    • The scheme aims at empowering villages through implementing different technologies for usage.
    • This scheme will lead to sustainable growth of the rural sector across the country.

    What is the objective?

    • To provide information and mechanism for implementation of BARC technologies in rural areas thereby aiming at overall rural development.

     

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  • Digitization of Judiciary

    Context

    The Indian judiciary has increasingly started using technology and the change is reflected in the legal profession in general as well.

    Increasing use of digital technology in the judiciary

    • With the digitisation of judicial records and the establishment of e-courts, significant developments had taken place in 2020.
    • Use of technology to better utilise potential: It is imperative that the use of digital technology be discussed to better utilise its potential, particularly in terms of digitisation of court records, e-filing of cases and their virtual hearing, live streaming of court proceedings.

    Background

    • In India, e-governance in the field of administration of justice began in the late 1990s, but it accelerated after the enactment of the Information and Technology Act, 2000.
    • In the year of 2006, e-courts were launched as a part of the National e-Governance Plan (NEGP).

    Digitisation of case files

    • When he was the Chief Justice of Allahabad HC, Justice D Y Chandrachud had conceptualised and initiated the project to digitise approximately one crore case files in one year.
    • Saving of space and preservation of old documents: This was necessary as not only was a large space required to store so many files, it was also becoming difficult to manually preserve the decades-old documents.
    • Traceability: Another purpose was to ensure that these files are traceable electronically as and when required.
    • It has also been observed that cases are adjourned simply because affidavits filed several years ago were not restored with the record or were not traceable.
    • Once the documents are digitised and e-filed by counsels, at least the cases would not get adjourned by the courts on this account.
    • Reducing the risk of missing court records: In State of Uttar Pradesh v. Abhay Raj Singh, it was held by the Supreme Court that if court records go missing and re-construction is not possible, the courts are bound to set aside the conviction.
    • Saving of time: With digitisation, it will take much less time for the lower courts to transmit the records as and when called for.
    • The lawyers benefit because they or their staff are no longer required to visit the reporting sections or other sections of the court to know about the status of their cases.
    • This has been sought to be implemented by the e-Committee of the Supreme Court by issuing directions to ensure that e-filing of cases/petitions by state governments in all matters be made mandatory from January 1, 2022.

    Scope for virtual hearing in certain cases

    • Cases related to matrimonial issues and domestic violence bounced cheques, motor accident compensation referred to mediation centres and lok adalats could be included in the list of cases fit for disposal through the virtual hearing.
    • The hearing of matrimonial cases through video-conferencing was approved by the Supreme Court in the matter of Krishna Veni Nagam v Harish Nagam (2017).
    • The direction was short-lived and a coordinate bench of the Supreme Court in the case of Santhini v Vijaya Venkatesh (2018) referred the matter for reconsideration before a larger bench.
    • Virtual hearings cannot be a substitute for physical court hearings in all cases.
    • However, in appropriate cases and certain categories of cases as identified by the court administration in consultation with the members of the Bar, virtual hearing should be made mandatory.

    Live streaming of cases

    • In 2018, the Supreme Court allowed the live-streaming of cases of constitutional and national importance on the basis of the judgment in Swapnil Tripathi.
    • Step towards transparency: The livestreaming of court proceedings is a step towards ensuring transparency and openness.
    • While several reservations were expressed against it, the Gujarat HC in July 2021 became the first court in the country to livestream its proceedings.
    • Its example was followed by other HCs like Karnataka, Odisha, Madhya Pradesh and Patna.

    Challenges

    • Internet connectivity issues and the need for a well-equipped space where lawyers can conduct their cases are some of the major problems requiring attention.
    • Political will and the support of judges and lawyers are also necessary.
    • Awareness and training: Judges, court staff and lawyers are not well-versed with digital technology and its benefits.
    • The need of the hour is for them to be made aware of these and receive adequate training.

    Conclusion

    Adoption of technology will bring drastic changes in the field of law and will transform the Court system.

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  • Criminal justice system

    Context

    The key to an improved criminal justice system is quality forensic labs and well-trained staff, not more legislation and harsher punishments.

    About forensic science

    • Forensic science is the application of scientific perspectives and techniques to the legal process, including investigations and courtroom protocol.
    • It is the use of scientific data and procedures specifically for the legal system.
    • There is rigorous procedure involved, including controlled conditions, reliable data collection and the attempt to disprove hypotheses.
    • Methodologies like the autopsy procedures, fingerprinting, testing and matching for poisons, blood spatter analysis, matching guns to bullets fired (ballistics), voice sample matches, handwriting assessments and DNA analysis are all facets of forensic science.

     Inadequate state forensic facilities

    • We have a woefully inadequate number of forensic science laboratories (FSL).
    • There are seven central forensic laboratories in India at Hyderabad, Kolkata, Chandigarh, New Delhi, Guwahati, Bhopal and Pune.
    • Six of these laboratories, barring Delhi, are under the control of the Directorate of Forensic Science Services (DFSS), and its mission is to render high quality and credible forensic services to the justice delivery system.
    • A National Forensic Sciences University was established in Gandhinagar, Gujarat in 2020.
    • The existing National Institute of Criminology and Forensic Science in Delhi has been integrated into this new university.
    • There are 32 state FSLs and about 529 mobile FSL units, of which Delhi has one state FSL and six mobile units.
    • The DNA tests discovered in 1985 are used to identify individuals involved in alleged crimes.
    • In 2017, The Hindu reported that while the United Kingdom completes DNA testing on over 60,000 crimes annually, India with over 13 times the population completes such tests on less than 7,500 cases.
    • The average pendency at each lab is huge.
    • In all states, there were over 50 per cent vacancies in personnel at their facilities.

    Way forward

    • More investment: We certainly need more investment in the establishment of FSL laboratories, the training and appointment of personnel adept at forensic methodologies and reforms within our police to establish a trained and skilled detective cadre tasked with solving complex and heinous crimes.
    • Quality training and accreditation: There is a desperate need for good quality training facilities, standards of accreditation and continuous education programmes for our forensic experts.

    Conclusion

    It is not more legislation and harsher punishments that will solve crimes, but well-trained forensic staff plying their craft in good quality laboratories that will aid our criminal justice system.

  • A new road for India’s fiscal federalism

    Context

    On May 19, in Union of India vs Mohit Minerals, the Supreme Court of India delivered a ruling which is likely to have an impact far wider than what the Centre might have imagined when it brought the case up on appeal.

    Background

    • At stake was the validity of a levy imposed on importers, of Integrated Goods and Services Tax (IGST) on ocean freight paid by foreign sellers to foreign shipping lines.
    • The Gujarat High Court had declared the tax illegal.
    • The Supreme Court affirmed the ruling and held that the levy constituted double taxation — that is, that the importer, which was already paying tax on the “composite” supply of goods, could not be asked to pay an additional tax on a perceived “service” that it may have received.

    Why the ruling could transform the future of fiscal federalism in India

    • Equal powers to legislate on GST: While delivering the judgement, the Supreme Court held that both Parliament and the State legislatures enjoy equal power to legislate on Goods and Services Tax (GST).
    • The Court said that the Goods and Services Tax Council’s recommendations were just that: recommendations that could never be binding on a legislative body.
    • Until now, governments across India have treated the GST Council’s recommendations — even where they disagreed with them — as sacrosanct, because they believed that this was indeed the law.
    • According to the Court, State legislatures possess the authority to deviate from any advice rendered by the GST Council and to make their own laws by asserting, in the process, their role as equal partners in India’s federal architecture.
    • Conflicting taxation regimes: Because of the ruling, the State governments will be free to exercise independent power to legislate on GST.
    • It is possible that this might lead to conflicting taxation regimes, with the idea of ‘One Nation One Tax’ rendered nugatory.
    • Constitutional power cannot be limited through statute: The Court’s ruling does not mean that a legislature — whether Parliament or the States’ — cannot through statutory law make the Council’s recommendations binding on executive bodies.
    • But a constitutional power, in the Court’s ruling, can never be limited through statute. Such curbs must flow only from the Constitution.
    • And in this case, in the Court’s analysis, no restrictions on legislative power can be gleaned on a meaningful reading of the Constitution.

    Background of 101st constitutional Amendment

    • Unification of tax administration: When, in July 2017, the Union government introduced the GST regime through the 101st constitutional Amendment, it did so based on an underlying belief that tax administration across India needed unification.
    • To give effect to this idea, many entries in the State list of Schedule VII of the Constitution were either deleted or amended.
    • A power to legislate on GST was inserted through a newly introduced Article 246A.
    •  No longer could State governments legislate on sale or purchase of goods barring a few exceptions, such as petroleum and liquor through the ordinary legislative route.
    • GST Council: In addition, the 101st Amendment also established, through Article 279A, a GST Council.
    • The Council was given the power to “make recommendations to the Union and States” on several different matters.

    Implications of the judgement

    • The use of the word “recommendations” suggested on the one hand that its decisions would be advisory, at best.
    • But, at the same time, the fact that Article 279A directed the establishment of a mechanism to adjudicate disputes between governments on decisions taken by the Council suggested that those governments would, in fact, be bound by any advice rendered to them.
    • GST would be in jeopardy: If the former reading was to be deployed, the purpose behind the introduction of a common GST would be in jeopardy.
    • But the latter interpretation effectively entailed the destruction of the well-laid plans of the Constituent Assembly.
    • Fiscal responsibilities that had been divided with much care and attention between the Union and the States would now stand dissolved.

    Federal compact

    • Although States had until now proceeded on a tacit belief that the GST Council’s recommendations were binding, such an approach, in Justice Chandrachud’s words, would run counter both to the express words of the Constitution and the philosophical values underlying the language deployed.
    • Article 246A, which was introduced by the 101st Amendment provides concomitant power both to the Union and to the State governments to legislate on GST.
    • It does not discriminate between the two in terms of its allocation of authority.
    • That allocation, according to the Court, cannot be limited by a reading of Article 279A, which establishes a GST Council, and which treats the Council’s decisions as “recommendations”.

    Conclusion

    GST was conceived as a product of what some described as “pooled sovereignty”. But perhaps it is only in an administrative area, animated by contestation, where we can see synergy between different sovereign units, where our nation can take a genuine turn towards a more “cooperative federalism”.

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  • RTI Act and Armed Forces

    Veterans of the Indian Armed Forces have urged PM against exempting defense services from purview of RTI (Right to Information) Act, 2005.

    Why in news?

    • Last year, late CDS Rawat had urged the government making a pitch for defence services to be exempted from the RTI Act.
    • He had stated that none of the Central Armed Police Forces (CAPF) are under its purview and defence services, being even more sensitive, should be fully exempted too.

    What is RTI?

    • RTI is an act of the parliament which sets out the rules and procedures regarding citizens’ right to information.
    • It replaced the former Freedom of Information Act, 2002.
    • Under the provisions of RTI Act, any citizen of India may request information from a “public authority” (a body of Government or “instrumentality of State”) which is required to reply expeditiously or within 30.
    • In case of the matter involving a petitioner’s life and liberty, the information has to be provided within 48 hours.
    • The Act also requires every public authority to computerize their records for wide dissemination and to proactively publish certain categories of information so that the citizens need minimum recourse to request for information formally.

    Constitutional status of RTI

    • Since RTI, is implicit in the Right to Freedom of Speech and Expression under Article 19 of the Indian Constitution, it is an implied FR.
    • These are backed by the right to constitutional remedies that is, the right to approach the supreme court and high court under Article 32 and 226 respectively in case of infringement of any of FRs.

    Benefits of RTI

    • Greater accessibility of information: A person can seek information from any public authority in the form of copies, floppy disks, sample material etc under RTI.
    • Efficient governance: RTI Act helps us in knowing the efficiency of the government’s functioning.
    • Citizen’s participation: Information under RTI can be sought easily by requesting the public officer and assistant public officer in any public authority.
    • Government obligation: Obtaining information from any public authority is obligatory for them.
    • Maintenance of public record: Under RTI Act, it is the duty of public authorities to maintain records for easy access and to publish within 120 days the name of the particular officers who should give the information and in regard to the framing of the rules, regulations etc.
    • Empowerment of Citizens: Every citizen has been empowered to be informed about anything that affects their life directly or indirectly.

    Why do Veterans want RTI?

    • The RTI has remained a powerful tool with the veterans and serving community to obtain information and documents concerning their service and pensioner issues.
    • RTI Act has ensured maximum transparency in official establishments dealing with such cases.
    • Even innocuous documents such as medical board proceedings concerning disabled soldiers and old service records of veterans are only made available through the RTI Act.
    • Requesting that defence services are not be placed in Schedule 2 of the RTI Act, 2005, the lobby said that adequate protection is already available in Sections 8 and 9 of the Act.
    • Armed forces can hold back information related to operational and security-related issues.

    Necessity for RTI in armed forces

    • Any such move will be a blow to transparency and will lead to an exponential increase in litigation and grievances.
    • And any irregularities in defence procurements would also go under the carpet, besides massive discrepancies in promotions.
    • Already they are so opaque and have faced so many strictures by the courts.
    • Denying such a right of a powerful public-oriented tool to military personnel, veterans, military widows and their families would place them at a sharp disadvantage compared to citizens.
    • This would also result in litigation blast with affected persons approaching judicial forums for minor issues.

     

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