💥Mains Ready By December. Smash Mains & Smash PYQ Admissions Open
Talk to Mentor

Civilsdaily

Login

GS Paper: GS2

  • Accessible India Campaign

    With its deadline of June 2022 almost up, the status of targets under the Accessible India Campaign (AIC) is likely to be discussed during a meeting of the Central Advisory Board on Disability.

    What is Accessible India Campaign?

    • Accessible India Campaign or Sugamya Bharat Abhiyan is a program that is launched to serve the differently-able community of the country.
    • The flagship program has been launched on 3 December 2015, the International Day of People with Disabilities.
    • The program comes with an index to measure the design of disabled-friendly buildings and human resource policies.
    • The initiative also in line with Article 9 of the (UN Convention on the Rights of Persons with Disabilities) which India is a signatory since 2007.
    • The scheme also comes under the Persons with Disabilities Act, 1995 for equal Opportunities and protection of rights which provides non-discrimination in Transport to Persons with Disabilities.

    Recent developments

    • The Central Public Works Department (CPWD) released the Harmonised Guidelines and Standards for Universal Accessibility in India 2021.
    • Drafted by a team of the IIT-Roorkee and the National Institute of Urban Affairs of the MoHUA, the revised guidelines aim to give a holistic approach.
    • Earlier, the guidelines were for creating a barrier-free environment, but now they are focusing on universal accessibility.

    Key highlights

    • Ramps: The guidelines provide the gradient and length of ramps — for example, for a length of six metres, the gradient should be 1:12. The minimum clear width of a ramp should be 1,200 mm.
    • Beyond PwDs: While making public buildings and transport fully accessible for wheelchair users is covered in the guidelines, other users who may experience temporary problems have also been considered. For instance, a parent pushing a child’s pram while carrying groceries or other bags, and women wearing saris.
    • Women friendly: Built environment needs for accessibility for women should consider diverse age groups, diverse cultural contexts and diverse life situations in which women operate. Diverse forms of clothing (saris, salwar-kameez, etc.) and footwear (heels, kolhapuri chappals, etc.) require a certain orientations.
    • Accessibility symbols: The guidelines call for accessibility symbols for PwD, family-friendly facilities and transgender to be inclusively incorporated among the symbols for other user groups.
    • Targeted authorities: The guidelines are meant for State governments, government departments and the private sector, as well as for reference by architecture and planning institutes.

    Policy measures for PwDs

    • India is a signatory to the UN Convention the Right of Persons with Disabilities, which came into force in 2007.
    • The Union Minister for Social justice and Empowerment has also launched the “Sugamya Bharat App” to complain for ease accessibility for PwDs.
    • India has its dedicated the Rights of Persons with Disabilities Act, 2016, which is the principal and comprehensive legislation concerning persons with disabilities.

     

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)

  • What are Mutual Legal Assistance Treaties (MLATs)?

    The CBI is in the process of sending requests to several countries seeking information under the MLATs about those involved in the online sexual abuse of minors and circulation of child pornographic material on social media platforms.

    What are MLATs?

    • The MLATs in criminal matters are the bilateral treaties entered between the countries for providing international cooperation and assistance.
    • These agreements allow for the exchange of evidence and information in criminal and related matters between the signing countries.

    Benefits of Treaty

    • It enhances the effectiveness of participating countries in the investigation and prosecution of crime, through cooperation and mutual legal assistance.
    • It will provide a broad legal framework for tracing, restrain and confiscation of proceeds and instruments of crime as well as the funds meant to finance terrorist acts.
    • It will be instrumental in gaining better inputs and insights in the modus operandi of organized criminals and terrorists.
    • These in turn can be used to fine-tune policy decisions in the field of internal security.

    Enforcing MLATs in India

    • The Ministry of Home Affairs (MHA) is the nodal Ministry and the Central authority for seeking and providing mutual legal assistance in criminal law matters.
    • The Ministry of External Affairs (MEA) may be involved in this process when such requests are routed through diplomatic channels by these Ministries.
    • Section 105 of the Criminal Procedure Code (CrPC) speaks of reciprocal arrangements to be made by the Centre with the Foreign Governments

     

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)

  • Issues with Frivolous PIL Petitions

    A Public Interest Litigation (PIL) petitioner in the Supreme Court barely escaped having to pay ₹18 lakh for indulging in a “luxury litigation”.

    What is the news?

    • A Supreme Court Bench of Justice B.R. Gavai and Hima Kohli initially asked the litigant to pay ₹18 lakh, that is, ₹1 lakh for every one of the 18 minutes the case took up.
    • However, the court later, in its order, slashed the amount to ₹2 lakh on the request of the litigant’s counsel.

    Why did the apex court got disgusted?

    • The bench criticized the highly derogatory practice of filing frivolous petitions encroaching valuable judicial time.
    • This time can otherwise be utilised for addressing genuine concerns.

    What is Public Interest Litigation (PIL)?

    • PIL refers to litigation undertaken to secure public interest and demonstrates the availability of justice to socially-disadvantaged parties.
    • It was introduced by Justice P. N. Bhagwati in 1979.
    • It is the chief instrument through which judicial activism has flourished in India.
    • It is suited to the principles enshrined in Article 39A[a] of the Constitution to protect and deliver prompt social justice with the help of law.

    How was it introduced?

    • PIL is a relaxation on the traditional rule of locus standi.
    • Before 1980s the judiciary and the Supreme Court of India entertained litigation only from parties affected directly or indirectly by the defendant.
    • It heard and decided cases only under its original and appellate jurisdictions.
    • However, the Supreme Court began permitting cases on the grounds of PIL, which means that even people who are not directly involved in the case may bring matters of public interest to the court.
    • It is the court’s privilege to entertain the application for the PIL.

    Filing a PIL

    Any citizen can file a public case by filing a petition:

    • Under Art 32 of the Indian Constitution, in the Supreme Court
    • Under Art 226 of the Indian Constitution, in the High Court
    • Under 133 of the Criminal Procedure Code, in a Magistrate’s Court

    Parties against whom PILs can be filed

    • A PIL may be filed against state government, central government, municipal authority, private party.
    • Also, private person may be included in PIL as ‘Respondent’, after concerned of state authority.
    • g. a private factory in Mumbai which is causing pollution then PIL can be filed against the government of Mumbai, state pollution central board including that private factory of Mumbai.

    Importance of PIL

    • PIL gives a wider description to the fundamental rights to equality, life and personality, which is guaranteed under part III of the Constitution of India.
    • It also functions as an effective instrument for changes in the society or social welfare.
    • Through PIL, any public or person can seek remedy on behalf of the oppressed class by introducing a PIL.

    Issues with PIL

    • Off late, PILs have become a tool for publicity.
    • People file frivolous petitions which result in the wastage of time of the courts.
    • People have used them with a political agenda as well.
    • They unnecessarily burden the judiciary.
    • Even if the petition is eventually dismissed, the courts spend time and effort on them before dismissing them.

    How do frivolous petitions waste time?

    • At present, only judges have the power to dismiss a petition.
    • The Registry of the SC or HC only ensures that the technical requirements of filing a petition are fulfilled.
    • As a result of which petitions are admitted to the court irrespective of the merits of the case.

    Way forward: Preventing frivolous PILs

    The Supreme Court had issued eight directions in its Balwant Singh Chaufal Judgment to help constitutional courts separate genuine PIL petitions from the barmy ones:

    • It had asked every High Court to frame its own rules to encourage bona fide PIL petitions and curb the motivated ones
    • Verifying the credentials of the petitioner before entertaining the plea
    • Checking the correctness of the contents
    • Ensuring the petition involves issues of “larger public interest, gravity and urgency” which requires priority
    • Ensuring there is no personal gain, or oblique motive behind the PIL
    • Ensuring that it is aimed at redressal of genuine public harm or public injury

    Conclusion

    • PIL petitions have had a beneficial effect on the Indian jurisprudence and has alleviated the conditions of the citizens in general.
    • Such petitions bring justice to people who are handicapped by ignorance, indigence, illiteracy.

     

     

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)

  • China’s growing footprint in the Pacific Islands

    Wang Yi, the Foreign Minister of China, is currently on an eight-day visit to ten Pacific Island Countries (PICs) after the MoU failed to gain consensus among the PICs.

    What are the PICs?

    • The Pacific Island Countries are a cluster of 14 states which are located largely in the tropical zone of the Pacific Ocean between Asia, Australia and the Americas.
    • They include Cook Islands, Fiji, Kiribati, Republic of Marshall Islands, Federated States of Micronesia (FSM), Nauru, Niue, Palau, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu.
    • The islands are divided on the basis of physical and human geography into three distinct parts — Micronesia, Melanesia and Polynesia.

    Geo-economics of PICs

    • The islands are very small in land area, and are spread wide across the vast equatorial swathe of the Pacific Ocean.
    • Even being the smallest and least populated states, they have some of the largest Exclusive Economic Zones (EEZs) in the world.
    • Large EEZs translate into huge economic potential due to the possibility of utilising the wealth of fisheries, energy, minerals and other marine resources present in such zones.
    • Hence, they prefer to be identified as Big Ocean States, rather than Small Island States.
    • In fact, Kiribati and FSM, both PICs, having EEZs larger than that of India.

    Strategic significance

    • PICs have played an important role in major power rivalry as springboards for power projection and laboratories for developing and demonstrating strategic capabilities.
    • The major powers of the colonial era competed with each other to gain control over these strategic territories.
    • The Pacific islands also acted as one of the major theatres of conflict during the Second World War — between imperial Japan and the US.
    • Due to the remoteness of these islands from major population centres of the world, some of the major nuclear weapon test sites of the US, UK and France were located here.
    • In addition, the 14 PICs account for as many number of votes in the United Nations, and act as a potential vote bank for major powers to mobilise international opinion.

    China’s vested interests in PIC

    • China does not have any particular historical linkages to the PICs unlike the Western powers.
    • Therefore, its interest in the PICs is of relatively recent origin, and is linked to China’s rise in the past few decades.
    • The PICs lie in the natural line of expansion of China’s maritime interest and naval power.
    • They are located beyond China’s ‘First Island Chain’, which represents the country’s first threshold of maritime expansion.
    • The PICs are located geostrategically in what is referred to by China as its ‘Far Seas’.
    • Their control will make Chinese Blue Water Navy capable, an essential prerequisite, for becoming a superpower in maritime domain.

    For the Taiwan narrative

    • China is preparing for what seems like an inevitable military invasion of Taiwan, sooner or later.
    • In this context, it becomes important to break Western domination of island chains of the Pacific.
    • This could otherwise impede reunification.
    • Wooing the PICs away from the West and Taiwan will therefore make the goal of Taiwan’s reunification easier for China.
    • Currently, only four PICs have recognised Taiwan. They are Tuvalu, Palau, Marshall Islands and Nauru.

    What are the implications of China’s latest move?

    • China has increasingly started talking about security cooperation in addition to its economic diplomacy towards the PICs.
    • In April 2022, China signed a controversial security deal with the Solomon Islands, which raised regional concerns.
    • The PICs as a collective did not agree to China’s extensive and ambitious proposals, and therefore China failed to get a consensus on the deal.

    Why did the PICs refuted China?

    • PICs perceived that they could have negative implications for the sovereignty and unity of PICs and may drag them into major power conflicts in the future.
    • Some have argued that China has acted too boldly and has therefore met with such a debacle.
    • China might have also miscalculated the regional reaction, perhaps led by a monolithic understanding of the PICs after seeing Solomon Islands’ positive response earlier this year.

    A caution for the world

    • China can always come back with improvised plan (rather bigger lollipop) which is more acceptable and use it to further pursue its final objectives incrementally.
    • Moreover, this debacle does not stop China from pursuing bilateral deals of similar nature.

    Conclusion

    • The intensification of China’s diplomacy in PICs have made the powers who have traditionally controlled the regional dynamics like the US and Australia more cautious.
    • The US has started revisiting its diplomatic priority for the region ever since the China-Solomon Islands deal.
    • The role played by the US in mobilising opposition against China’s proposed deal could not be ruled out.

     

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)

  • What are PM Shri Schools?

    Union Education Ministry is planning to set up “PM Shri Schools”.

    PM Shri Schools

    • PM Shri Schools will be the laboratory of National Education Policy (NEP) 2020.
    • They will be fully equipped to prepare students for the future.

    Likely features of these schools

    • It could imbibe 5+3+3+4 (to replace the 10+2 schooling system) approach of NEP covering pre-school to secondary, emphasis on ECCE, teacher training & adult education.
    • There will be an integration of skill development with school education and prioritising learning in mother tongue which are steps for preparing global citizens of the 21st century.
    • Since the NEP 2020 also increases the span of the Right to Education Act, it will now cover ages 3 to 18.

    Explained: 5+3+3+4 Schooling System

    • As per the new school education system of 5+3+3+4 outlined in NEP 2020, children will spend 5 years in the Foundational stage, 3 years in the Preparatory stage, 3 years in the Middle stage, and 4 years in the Secondary stage.
    • The division of stages has been made in line with the kind of cognitive development stages that a child goes through early childhood, school years, and secondary stage.
    • Here is the age-wise breakdown of the different levels of the new school education system:

    (1) 5 years of Foundational stage:

    For ages: 3 to 8, For classes: Anganwadi/pre-school, class 1, class 2

    • The foundational stage of education as per the national education policy will comprise 3 years or preschool or anganwadi education followed by two years of primary classes (classes 1 and 2).
    • This stage will focus on teaching in play-based or activity-based methods and on the development of language skills.

    (2) 3 years of Preparatory stage:

    For ages: 8 to 11, For classes: 3 to 5

    • The focus in the preparatory stage will remain on language development and numeracy skills.
    • Here, the method of teaching and learning would be play and activity-based, and also include classroom interactions and the element of discovery.

    (3) 3 years of Middle stage:

    For ages: 11 to 14, For classes: 6 to 8

    • As per NEP 2020, this stage of school education will focus on critical learning objectives, which is a big shift from the rote learning methods used in our education system for years.
    • This stage will work on experiential learning in the sciences, mathematics, arts, social sciences and humanities.

    (4) 4 years of Secondary stage:

    For ages: 14 to 18, For classes: 9 to 12

    • This stage will cover two phases classes 9 and 10, and classes 11 and 12.
    • The main change in these classes is the shift to a multidisciplinary system where students will have access to a variety of subject combinations that they can choose as per their skills and interest areas instead of being strictly divided into Arts, Science and Commerce categories.
    • This stage will again push for greater critical thinking and flexibility in the thought process.

     

     

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)

  • The Digital India transformation

    Context

    Recently, Prime Minister Narendra Modi made a telling observation about his idea of India: “… every Indian must have a smartphone in his hand and every field must be covered by a drone”.

    Digital India program and its impact

    • Digital India solved some of the most difficult problems the country had been facing for decades.
    • The Jan-Dhan-Aadhaar-Mobile (JAM) trinity has ensured that the poorest receive every penny of their entitled benefits.
    • Financial benefits worth nearly Rs 23 lakh crore have been transferred using DBT technology in the last eight years.
    • This has led to savings of Rs 2.22 lakh crore of public money.
    • Leveraging the power of drones and GIS technologies, SVAMITVA Yojana is providing digital land records to the rightful owners
    • Digital inclusion: The inclusive character of Digital India not only makes it a unique initiative but also reflects our core philosophy of “Sabka Saath, Sabka Vishwas”.

    Digital transformation in India

    • India today is home to more than 75 crore smartphones, 133 crore Aadhaar cards, more than 80 crore internet users, has 4G and is now accelerating towards 5G.
    • It has among the lowest data tariffs in the world.
    • Digital technology must be low-cost, developmental, inclusive, and substantially home-grown and it should bridge the digital divide and usher in digital inclusion.
    • The digital ecosystem was also useful in tackling the challenge of the pandemic.
    • To provide high-speed broadband to all the villages, optical fibre has been laid in 1.83 lakh gram panchayats under Bharat Net.
    • CSCs: There were only 80,000 Common Service Centers (CSCs) in 2014, which is an entity under the Ministry of Electronics and IT headed by Secretary IT, for providing assisted delivery of digital services to common citizens offering only a few services. Today, there are nearly four lakh CSCs.
    • Fintech innovation ecosystem: India has emerged as the fastest-growing ecosystem for fintech innovations. 
    • This was made possible due to innovative digital payment products like UPI and Aadhaar-Enabled Payment Systems (AEPS).
    • Startup ecosystem: India has more than 61,400 startups as of March 2022, making it the third-largest startup ecosystem after the US and China.
    • With nearly 14,000 startups getting recognized during 2021-22, 555 districts of India had at least one new startup as per the Economic Survey 2022.

    Atmanirbharta in electronic manufacturing

    • With initiatives like Modified Special Incentive Scheme (MSIPS), Electronics Manufacturing Cluster, National Policy on Electronics 2019, Electronics Development Fund, Production Linked Incentive (PLI) and Scheme for Promotion of Electronics Components and Semiconductors (SPECS), India is moving towards self-reliance in the field of electronics manufacturing.
    • The value of electronics manufacturing in India has touched $75 billion in 2020-21 from $29 billion in 2014.
    • Indian companies have developed their own 4G and 5G technologies.

    Conclusion

    Digital India’s motto – “Power to Empower” — is truly living up to its goals and expectations. The success of Digital India only confirms that it has a robust future in India’s development.

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)

  • Explained: European Union’s ban on Russian Oil

    As part of the sixth package of sanctions since Russia’s invasion of Ukraine, the European Union member states reached an agreement to ban 90% of Russian crude oil imports by the end of the year.

    Oil embargo on Russia

    • The proposal is to completely phase out Russian crude and refined products from EU territory.
    • It includes a complete import ban on all Russian oil, seaborne and pipeline crude and refined.
    • This however needed the agreement of all the 27 EU member states in order to be implemented.

    What was the rationale behind such a move?

    • The Russian economy is heavily dependent on energy exports, with the EU paying billions of dollars every month to Russia.
    • The EU wants to block this massive revenue inflow.
    • This is akin to Europeans bankrolling Russia’s war.

    Why such a move now?

    • The EU has been attempting, ever since the Ukraine invasion, to build consensus on ways to hurt Russia economically.
    • The most obvious route was to stop buying Russian energy, which isn’t easy given European households’ dependence on Russian oil and gas.

    What are the terms of the ‘compromise deal’ that has been agreed upon?

    • EU leaders have agreed to ban all seaborne imports of Russian crude, which account for two-thirds of EU’s oil imports from Russia.
    • Germany and Poland are pledging to phase out even their pipeline imports from Russia by the end of the year.
    • The embargo would eliminate 90% of Russian oil imports.

    Special concessions to Hungary

    • The remaining 10% that’s been allowed represents a free pass for Hungary, the Czech Republic, Slovakia, and Bulgaria to continue imports via the Druzhba pipeline, the world’s largest oil pipeline network.
    • Hungary has obtained a guarantee that it could even import seaborne Russian oil in case of a disruption to their pipeline supplies.
    • This was deemed a legitimate concession since the pipelines do pass through the war zone in Ukraine.

    Why was exemption given for pipeline imports?

    • The exemption for pipeline imports was made on the logic that landlocked countries (Hungary, Czech Republic and Slovakia).
    • They are heavily dependent on Russian pipeline oil and do not have a ready option to switch to alternative sources in the absence of ports.

    How will the sanctions affect Russia?

    • Analysts calculate that a two-thirds cut in Europe’s imports might cause Russia an annual loss in revenue of $10 billion.
    • Given Russia’s limited storage infrastructure, the cutback in demand would force Russia to find other markets.
    • Since that won’t be easy, Russia might have to cut production by 20-30%.
    • So far, Asian importers, especially India, have absorbed some of the excess inventory at discounted prices.

    Impact on the ongoing war

    • It remains unclear if the embargo would have any impact on Russian military operations in Ukraine.

    How will the sanctions affect Europe?

    • It is likely to further fuel inflation in Europe, where many countries are already facing a cost-of-living crisis.
    • European lifestyles have tended to take cheap Russian energy for granted, and if inflation peaks further, the EU runs the risk of losing public support for harsh sanctions.

    What about the import of Russian gas?

    • Compared to Russian oil, Europe’s dependence on Russian gas is much greater, and this embargo leaves the import of Russian gas — which accounts of 40% of Europe’s natural gas imports — untouched.
    • In other words, Europe will continue to pay Russia for gas imports.
    • But since crude is more expensive than natural gas, the oil ban is expected to hurt Russian revenues.

    Indian response to these developments

    • India ramped up purchases of Russian crude at discounted prices in the months following the Russian invasion, and this policy is expected to continue.
    • The announcement of the EU ban caused an immediate surge in oil prices, and as Europe seeks alternate sources – from West Asia, Africa and elsewhere — for its oil needs, prices are expected to stay high.
    • In this context, with Russia reportedly offering discounts of $30-35 per barrel, India has found it convenient to make the most of the cheap Russian crude on offer.

     

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)

  • Back in news: Non-Resident Indians (NRIs)

    A national helpline for women deserted in Non-Resident Indian (NRI) marriages and the need for a dedicated fund to provide assistance to them are among the recommendations made at a consultation organized by the National Commission for Women (NCW).

    What are the issues faced by NRI wives?

    • Abandon after marriage
    • Inconclusive divorces filed abroad
    • Child custody disputes

    Classification of Overseas Indians

    Overseas Indians, officially known as Non-resident Indians (NRIs) or Persons of Indian Origin (PIOs), are people of Indian birth, descent or origin who live outside the Republic of India:

    (A) Non-Resident Indian (NRI)

    • Strictly asserting non-resident refers only to the tax status of a person who, as per section 6 of the Income-tax Act of 1961, has not resided in India for a specified period for the purposes of the Act.
    • The rates of income tax are different for persons who are “resident in India” and for NRIs.

    (B) Person of Indian Origin (PIO)

    Person of Indian Origin (PIO) means a foreign citizen (except a national of Pakistan, Afghanistan, Bangladesh, China, Iran, Bhutan, Sri Lanka and/or Nepal), who:

    • at any time held an Indian passport OR
    • either of their parents/grandparents/great-grandparents were born and permanently resident in India as defined in GoI Act, 1935 and other territories that became part of India thereafter provided neither was at any time a citizen of any of the aforesaid countries OR
    • is a spouse of a citizen of India or a PIO.

    (C) Overseas Citizenship of India (OCI)

    • After multiple efforts by leaders across the Indian political spectrum, a pseudo-citizenship scheme was established, the “Overseas Citizenship of India”, commonly referred to as the OCI card.
    • The Constitution of India does not permit full dual citizenship.
    • The OCI card is effectively a long-term visa, with restrictions on voting rights and government jobs.

     

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)

  • A judicial course that calls for introspection

    Context

    The recent decision of the Supreme Court of India in the case of A.G. Perarivalan has stirred up a hornet’s nest.

    Use of Article 142 to grant pardon

    • The Court has treaded the extraordinary constitutional route under Article 142.
    • The Bench decided to exercise the power of grant of pardon, remission et al., exclusively conferred on the President of India and State Governors under Articles 72 and 161.
    • Against the separation of power: Against the background of separation of powers viz. Parliament/Legislature, Executive and Judiciary, whether the course adopted by the Bench to do expedient justice is constitutional calls for introspection.

    Evaluating the constitutionality of decision

    • The power under Article 161 is exercisable in relation to matters to which the executive power of the state extends.
    • Discretionary power under Article 161: Article 161 consciously provides a ‘discretion’ to the Governor in taking a final call, even if it was not wide enough to overrule the advice, but it certainly provides latitude to send back any resolution for reconsideration, if, in his opinion, the resolution conflicted with constitutional ends.
    • In Sriharan’s case (2016 (7) SCC P.1), one of the references placed for consideration was whether the term ‘consultation’ stipulated in Section 435 Cr.P.C. implies ‘concurrence’.
    • It was held that the word ‘consultation’ means ‘concurrence’ of the Central government.
    • The Constitution Bench highlighted that there are situations where consideration of remission would have trans-border ramifications and wherever a central agency was involved, the opinion of the Central government must prevail.
    • Basing its conclusion on the legal position that the subject matter (Section 302 in the Indian Penal Code) murder, falls within Lists II and III (State and Concurrent lists) of the Seventh Schedule to the Constitution, the learned judges concluded that the State was fully empowered to take a call and recommend remission in this case.
    • If it is a simple case of being a Section 302 crime, the reason for finding fault with the Governor’s decision to forward the recommendation to the President may be constitutionally correct.
    • But the larger controversy as to whether the Governor in his exercise of power under Article 161 is competent at all, to grant pardon or remission in respect of the offences committed by the convicts under the Arms Act, 1959, the Explosive Substances Act, 1908, the Passports Act, 1967, the Foreigners Act, 1946, etc., besides Section 302, is not certain.
    • According to the decision, it is a simple murder attracting Section 302 of the IPC and therefore the Governor’s decision to forward the recommendation to the President is against the letter and spirit of Article 161 — meaning it is against the spirit of federalism envisaged in the Constitution.
    • Constitutionality use of Article 142: There are momentous issues that are flagged on the exercise of the power of remission under Article 142, by the Supreme Court in the present factual context.
    • The first is whether Article 142 could be invoked by the Court in the circumstances of the case when the Constitution conferred express power on the Governor alone, for grant of pardon, remission, etc., under Article 161.

    Way forward

    • Deeper judicial examination: Whether what the State government could not achieve directly by invoking Sections 432 and 433 of Cr.P.C, without concurrence of Centre could be allowed to take a contrived route vide Article 161 and achieve its objectives is a pertinent issue.
    • This aspect requires deeper judicial examination for the sake of constitutional clarity.
    • Timeframe for the Governor: The Constitution does not lay down any timeframe for the Governor to act on the advice of the Council of Ministers.
    • In any event, even if the delay was constitutionally inexcusable or was vulnerable to challenge, the final arbiter of the Constitution (Article 245) could not have trumped Article 161 with Article 142, which is constitutionally jarring.

    Conclusion

    To portray the remission as to what it was not in the State is a sad fallout the lawlords on the pulpit may not have bargained for. And on the constitutional plane, this verdict deserves a relook, even a review, as it stands on wobbly foundations built with creaky credence.

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)

  • Sedition Law

    The Supreme Court suspended pending criminal trials and court proceedings under Section 124A (sedition) of the Indian Penal Code, while allowing the Union of India to reconsider the British-era law.

    What did the SC say?

    • All pending trials, appeals and proceedings with respect to the charge framed under Section 124A of the IPC be kept in temporary suspension.
    • The court also restrained centre and states from registering FIRs, continuing investigations or take coercive measures under Section 124A.

    What is the Sedition Law?

    • Section 124A of the Indian Penal Code lays down the punishment for sedition. The IPC was enacted in 1860, under the British Raj.
    • The then British government in India feared that religious preachers on the Indian subcontinent would wage a war against the government.
    • Particularly after the successful suppression of the Wahabi/Waliullah Movement by the British, the need was felt for such law.
    • Throughout the Raj, this section was used to suppress activists in favor of national independence, including Tilak and Mahatma Gandhi, both of whom were found guilty and imprisoned.

    Do you know?

    Queen-Empress v. Bal Gangadhar Tilak (1897) was the first case in which Section 124A was defined and applied. Again in 1908, when Tilak was tried under same section, then young barrister and a staunch protagonist Mohammed Ali Jinnah defended Tilak.

    What is Sedition?

    • The Section 124A defines sedition as:

    An offence committed when “any person by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the government established by law in India”.

    • Disaffection includes disloyalty and all feelings of enmity.
    • However, comments without exciting or attempting to excite hatred, contempt or disaffection, will not constitute an offense.
    • Sedition is a non-bailable offense.
    • Punishment under Section 124A ranges from imprisonment up to three years to a life term with/without a fine.

    Sedition as a cognizable offense

    • Sedition was made a cognizable offense for the first time in history in India during the tenure of Prime Minister Indira Gandhi in 1973, that is, arrest without a warrant was now permissible.
    • In 1962 the Supreme Court of India interpreted the section to apply only if there is, say, “incitement to violence” or “overthrowing a democratically elected government through violent means”.

    Is it constitutionally valid?

    • Violative of FRs: Two high courts had found it unconstitutional after Independence, as it violated the freedom of speech and expression.
    • Reasonable restrictions: The Constitution was amended to include ‘public order’ as one of the ‘reasonable restrictions’ on which free speech could be abridged by law.
    • Kedar Nath Case: Thereafter, the Supreme Court, in Kedar Nath Singh v. State of Bihar (1962) upheld its validity.
    • Limited use: At the same time, it limited its application to acts that involve “intention or tendency to create disorder” or incitement to violence.
    • Strong criticism doesn’t amount to sedition: Thus, even strongly worded remarks, as long as they do not excite disloyalty and enmity, or incite violence, are not an offence under this section.

    Why the controversy now?

    • Frequent use: In recent times, the resort to this section is seen as disturbingly frequent.
    • Curbing dissent: Activists, cartoonists and intellectuals have been arrested under this section, drawing criticism from liberals that it is being used to suppress dissent and silence critics.
    • Misuse for propaganda: Authorities and the police who invoke this section defend the measure as a necessary step to prevent public disorder and anti-national activities.
    • Irrelevance: Many of them have also been detained under the National Security Act and UAPA.

    What is being debated about it?

    • Demand for its scrapping: Liberals and rights activists have been demanding the scrapping of Section 124A.
    • Provision is outdated: It is argued that the provision is “overbroad”, i.e., it defines the offence in wide terms threatening the liberty of citizens.
    • Various calls for its reconsideration: The Law Commission has also called for a reconsideration of the section.
    • Tyranny of the law: It has pointed that Britain abolished it more than a decade ago and raised the question of whether a provision introduced by the British to put down the freedom struggle should continue to be law in India.
    • Doctrine of severability: Some argue that a presumption of constitutionality does not apply to pre-constitutional laws as those laws have been made by foreign legislature or bodies.

    Need for such law

    • There are some tendencies exist even today who wish to overthrow the state apparatus and constitutional scheme of India.
    • It falls on the judiciary to protect Articles 19 and Article 21 of the Constitution.
    • Undue exercise of free speech has led to overture of ordinary dissent into an anti-national insurrection or uprising.
    • There are areas in the country that face hostile activities and insurgencies created by rebel groups, like the Maoists.
    • There must be restrictions on expressing unnecessary contempt or ridiculing of the Government beyond certain limits.

    Way forward

    • India is the largest democracy in the world and the right to free speech and expression is an essential ingredient of democracy.
    • The sedition law should not be abolished as some measures are needed to check communal violence & insurgency activities like Naxals.
    • The definition of sedition should be narrowed down, to include only the issues pertaining to the territorial integrity of India as well as the sovereignty of the country.
    • Section 124A should not be misused as a tool to curb free speech.

     

    UPSC 2023 countdown has begun! Get your personal guidance plan now! (Click here)