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GS Paper: GS2

  • India to prepare digital maps of all villages

    India plans to prepare digital maps of all its 6,00,000 villages and pan-India 3D maps will be prepared for 100 cities to mark a year of the updated geospatial policy guidelines under the SVAMITVA Scheme.

    What is SVAMITVA Scheme?

    • SVAMITVA stands for Survey of Villages and Mapping with Improvised Technology in Village Areas.
    • Under the scheme, the latest surveying technology such as drones will be used for measuring the inhabited land in villages and rural areas.
    • The mapping and survey will be conducted in collaboration with the Survey of India, State Revenue Department and State Panchayati Raj Department under the Ministry of Panchayati Raj.
    • The drones will draw the digital map of every property falling in the geographical limit of each Indian village.
    • Property Cards will be prepared and given to the respective owners.

    Broad Objectives

    1. Leveraging property as a financial asset by the citizens of rural India
    2. Creation of accurate land records for rural planning
    3. Provide an integrated property validation solution for rural India
    4. Serve as a means of reduction in property-related disputes. Facilitate with the determination of property tax
    5. Creation of survey infrastructure and GIS (Geographic Information System) maps that can be used by any department or agency

    Features of the Scheme

    • Accurate survey: SVAMITVA Scheme uses the combination of Survey Grade Drones and CORS network (Continuously Operated Reference Stations) to accurately survey large areas in a very short span of time.
    • High resolution: The 1:500 scale maps generated through the drone survey are of very high accuracy i.e., 3-5 cms, which the conventional methodology does not provide.
    • Geo-tagging: Moreover, editable and geo-tagged maps are produced at a fraction of the cost without the need for line-of-sight.
    • Permanent records: These maps facilitate the creation of the most durable record of property holdings in areas with no legacy revenue records.

    What are the updated guidelines?

    • The updated guidelines help private companies to prepare a variety of maps without needing approvals from a host of ministries.
    • They aim to make it easier to use drones and develop applications via location mapping.
    • It encompasses the trinity of geospatial Systems, Drone Policy, and unlocked Space Sector will be the hallmark of India’s future economic progress.

     

    Also read:

    [Yojana Archive] SVAMITVA Scheme

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  • Local job laws that raise constitutional questions

    Context

    Last week, the Punjab and Haryana High Court admitted a petition challenging the constitutionality of the Act, and stayed the implementation until it heard the case.

    Laws raises constitutional questions

    • There are at least three important constitutional questions that arise from this Act.

    [1] Violation of Article 19(1)(g)

    • Article 19(1)(g) of the Constitution guarantees freedom to carry out any occupation, trade or business.
    • There may be reasonable restrictions “in the interests of the general public”, and in particular related to specifying any professional or technical qualifications, or to reserve a sector for government monopoly.
    • This Act, by requiring private businesses to reserve 75% of lower end jobs for locals, encroaches upon their right to carry out any occupation.
    • In 2005, in the P.A. Inamdar case, Supreme Court said that reservation cannot be mandated on educational institutions that do not receive financial aid from the state, as that would affect the freedom of occupation.

    [2] Violation of Article 16

    • The provision of reservation by virtue of domicile or residence may be unconstitutional.
    • Article 16 of the Constitution specifically provides for equality of opportunity for all citizens in public employment.
    • It prohibits discrimination on several grounds including place of birth and residence.
    • However, it permits Parliament to make law that requires residence within a State for appointment to a public office.
    • This enabling provision is for public employment and not for private sector jobs.
    • And the law needs to be made by Parliament, and not by a State legislature.

    [3] Breaching of 50% limit

    • In the Indra Sawhney case in 1992, the Supreme Court capped reservations in public services at 50%.
    • It however said that there may be extraordinary situations which may need a relaxation in this rule.
    • It also specified that “in doing so, extreme caution is to be exercised and a special case made out”.
    • That is, the onus is on the State to make a special case of exceptional circumstances, for the 50% upper limit on reservations to be relaxed.
    • It stated that the 50% limit is “to fulfil the objective of equality”, and that to breach the limit “is to have a society which is not founded on equality but on caste rule”.
    • The Haryana Act does not further “caste rule” as it is for all residents of the State irrespective of caste but it breaches the notion of equality of all citizens of India.

    [4] Against the conception of India as a one nation

    •  The Constitution conceptualises India as one nation with all citizens having equal rights to live, travel and work anywhere in the country.
    • These State laws go against this vision by restricting the right of out-of-State citizens to find employment in the State.
    • This restriction may also indirectly affect the right to reside across India as finding employment becomes difficult.
    • If more States follow similar policies, it would be difficult for citizens to migrate from their State to other States to find work.

    [5] Economic implications

    • The move may potentially increase the costs for companies.
    • There may also be an increase in income inequality across States as citizens of poorer States with fewer job opportunities are trapped within their States.

    Conclusion

    The courts, while looking at the narrow questions of whether these laws violate fundamental rights, should also examine whether they breach the basic structure of the Constitution that views India as one nation which is a union of States, and not as a conglomeration of independent States.

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  • Back in debate: Uniform Civil Code

    Poll-bound Uttarakhand CM’s announcement to prepare a draft of the Uniform Civil Code (UCC) in the State, raises questions over whether an individual State can bring its own family law code.

    What is a Uniform Civil Code?

    • A Uniform Civil Code is one that would provide for one law for the entire country, applicable to all religious communities in their personal matters such as marriage, divorce, inheritance, adoption, etc.
    • Article 44, one of the directive principles of the Constitution lays down that the state shall endeavor to secure a Uniform Civil Code for the citizens throughout the territory of India.
    • These, as defined in Article 37, are not justiciable (not enforceable by any court) but the principles laid down therein are fundamental in governance.

    Why need UCC?

    • UCC would provide equal status to all citizens
    • It would promote gender parity in Indian society.
    • UCC would accommodate the aspirations of the young population who imbibe liberal ideology.
    • Its implementation would thus support the national integration.

    Hurdles to UCC implementation

    • There are practical difficulties due to religious and cultural diversity in India.
    • The UCC is often perceived by the minorities as an encroachment on religious freedom.
    • It is often regarded as interference of the state in personal matters of the minorities.
    • Experts often argue that the time is not ripe for Indian society to embrace such UCC.

     UCC vs. Right to Freedom of Religion

    • Article 25 lays down an individual’s fundamental right to religion;
    • Article 26(b) upholds the right of each religious denomination or any section thereof to “manage its own affairs in matters of religion”;
    • Article 29 defines the right to conserve distinctive culture.
    • An individual’s freedom of religion under Article 25 is subject to “public order, health, morality” and other provisions relating to FRs, but a group’s freedom under Article 26 has not been subjected to other FRs.
    • In the Constituent Assembly, there was division on the issue of putting UCC in the fundamental rights chapter. The matter was settled by a vote.
    • By a 5:4 majority, the fundamental rights sub-committee headed by Sardar Patel held that the provision was outside the scope of FRs and therefore the UCC was made less important.

    Enacting and Enforcing UCC: A reality check

    • Fundamental rights are enforceable in a court of law.
    • While Article 44 uses the words “the state shall endeavor”, other Articles in the ‘Directive Principles’ chapter use words such as “in particular strive”; “shall, in particular, direct its policy”; “shall be an obligation of the state” etc.
    • Article 43 mentions “state shall endeavor by suitable legislation” while the phrase “by suitable legislation” is absent in Article 44.
    • All this implies that the duty of the state is greater in other directive principles than in Article 44.

    What are more important — fundamental rights or directive principles?

    • There is no doubt that fundamental rights are more important.
    • The Supreme Court held in Minerva Mills (1980): Indian Constitution is founded on the bedrock of the balance between Parts III (Fundamental Rights) and IV (Directive Principles).
    • To give absolute primacy to one over the other is to disturb the harmony of the Constitution.
    • Article 31C inserted by the 42nd Amendment in 1976, however, lays down that if a law is made to implement any directive principle, it cannot be challenged on the ground of being violative of the FRs under Articles 14 and 19.

    What about Personal Laws?

    • Citizens belonging to different religions and denominations follow different property and matrimonial laws which are an affront to the nation’s unity.
    • If the framers of the Constitution had intended to have a UCC, they would have given exclusive jurisdiction to Parliament in respect of personal laws, by including this subject in the Union List.
    • But “personal laws” are mentioned in the Concurrent List.

    Various customary laws

    • All Hindus of the country are not governed by one law, nor are all Muslims or all Christians.
    • Muslims of Kashmir were governed by a customary law, which in many ways was at variance with Muslim Personal Law in the rest of the country and was, in fact, closer to Hindu law.
    • Even on registration of marriage among Muslims, laws differ from place to place.
    • In the Northeast, there are more than 200 tribes with their own varied customary laws.
    • The Constitution itself protects local customs in Nagaland. Similar protections are enjoyed by Meghalaya and Mizoram.
    • Even reformed Hindu law, in spite of codification, protects customary practices.

    Minority opinion in the Constituent Assembly

    • Some members sought to immunize Muslim Personal Law from state regulation.
    • Mohammed Ismail, who thrice tried unsuccessfully to get Muslim Personal Law exempted from Article 44, said a secular state should not interfere with the personal law of people.
    • B Pocker Saheb said he had received representations against a common civil code from various organizations, including Hindu organizations.
    • Hussain Imam questioned whether there could ever be uniformity of personal laws in a diverse country like India.
    • B R Ambedkar said, “no government can use its provisions in a way that would force the Muslims to revolt”.
    • Alladi Krishnaswami, who was in favor of a UCC, conceded that it would be unwise to enact UCC ignoring strong opposition from any community.
    • Gender justice was never discussed in these debates.

     Conclusion

    • Article 44 of the Constitution creates an obligation upon the State to endeavour to secure for citizens a Uniform Civil Code throughout the country.
    • The purpose behind UCC is to strengthen the object of “Secular Democratic Republic” as enshrined in the Preamble of the Constitution.
    • This provision is provided to effect the integration of India by bringing communities on the common platform on matters which are at present governed by diverse personal laws.
    • Hence UCC should be enforced taking into confidence all the sections of Indian society.
    • Goa’s Portuguese Civil Code of 1867 is an example of a common family law existing in harmony.

     

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  • Centre extends Police Modernisation Scheme

    The Union government has approved the continuation of a police modernization scheme for five years up to 2025-26 with a financial outlay of ₹26,275 crores.

    What is the Modernization of Police Forces Scheme?

    • Police’ and ‘law and order’ fall under the category of subjects within the domain of the State as per Entry 2 of List II of the VIIth Schedule in the Constitution of India.
    • Thus, the principal responsibility for managing these subjects lies with the State Governments.
    • However, the States have not been able to fully modernize and equip their police forces up to the desired level due to financial constraints.
    • It is in this context that the Ministry of Home Affairs (MHA) has been supplementing the efforts and resources of the States, from time to time, by implementing the MPF Scheme since 1969-70.

    Objectives:

    • The focus of the scheme is to strengthen police infrastructure at cutting edge level by constructing secure police stations, training centers, police housing (residential), equipping the police stations with the required mobility, modern weaponry, communication equipment, and forensic set-up, etc.

    Components of the scheme

    • The scheme included security-related expenditure in J&K, northeastern States, and Maoist-affected areas, for raising new battalions, developing high-tech forensic laboratories and other investigation tools.
    • Provisions have been made under the scheme for internal security, law and order, and the adoption of modern technology by the police.
    • Assistance will be given to the States for narcotics control and strengthening the criminal justice system by developing a robust forensic setup in the country.

    Funding pattern

    • Under the Scheme, the States are grouped into two categories, namely Category ‘A’ and Category ‘B’ for the purpose of funding both under ‘Non-Plan’ and Plan.
    • Category ‘A’ States, namely, J&K and 8 North Eastern States including Sikkim will be eligible to receive financial assistance on a 90:10 Centre: State sharing basis.
    • The remaining States will be in Category ‘B’ and will be eligible for financial assistance on a 60:40 Centre: State sharing basis.

     

     

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  • World Food Programme (WFP)

    India signed an agreement with the United Nation’s World Food Programme (WFP) for the distribution of 50,000 tonnes of wheat that it has committed to sending Afghanistan as part of humanitarian assistance.

    What is WFP?

    • The WFP is the food-assistance branch of the United Nations (UN).
    • It is the world’s largest humanitarian organization focused on hunger and food security, and the largest provider of school meals.
    • Founded in 1961, it is headquartered in Rome and has offices in 80 countries.
    • In addition to emergency food relief, WFP offers technical assistance and development aid, such as building capacity for emergency preparedness and response, managing supply chains and logistics, etc.
    • The agency is also a major provider of direct cash assistance and medical supplies and provides passenger services for humanitarian workers.

    Feats achieved

    • As of 2020, it served 115.5 million people in 80-plus countries, the largest since 2012.
    • The WFP was awarded the Nobel Peace Prize in 2020 for its efforts to provide food assistance in areas of conflict and to prevent the use of food as a weapon of war and conflict.

    WFP in Afghanistan

    • The wheat will be taken through Pakistan to the Afghan border crossing and handed over to WFP officials in Kandahar.
    • The WFP runs its own logistics network inside Afghanistan, partnering with civil society groups.

     

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  • Back in news: Liberation of Goa

    The PM recently took a jibe at then PM Nehru, saying that it could have liberated Goa in 1947 itself had Nehru sent the Indian Army there.

    What is the news?

    • Goa was liberated 15 years after India attained freedom.
    • PM Modi accused Nehru as guilty of leaving satyagrahis in the dismay, refusing to send the Indian Army to liberate Goa, even after 25 of them were shot dead by the Portuguese Army.

    Goa’s Colonization: A backgrounder

    • Goa became a Portuguese colony in 1510, when Admiral Afonso de Albuquerque defeated the forces of the sultan of Bjiapur, Yusuf Adil Shah.
    • The next four and a half centuries saw one of Asia’s longest colonial encounters — Goa found itself at the intersection of competing regional and global powers.
    • It received a religious and cultural ferment that lead eventually to the germination of a distinct Goan identity that continues to be a source of contestation even today.
    • By the turn of the twentieth century, Goa had started to witness an upsurge of nationalist sentiment opposed to Portugal’s colonial rule, in sync with the anti-British nationalist movement.

    Beginning of freedom movement

    • Tristao de Braganza Cunha, celebrated as the father of Goan nationalism, founded the Goa National Congress at the Calcutta session of the Indian National Congress in 1928.
    • In 1946, the socialist leader Ram Manohar Lohia led a historic rally in Goa that gave a call for civil liberties and freedom, and eventual integration with India.
    • This event became a watershed moment in Goa’s freedom struggle.
    • At the same time, there was a thinking that civil liberties could not be won by peaceful methods, and a more aggressive armed struggle was needed.
    • This was the view of the Azad Gomantak Dal (AGD), whose co-founder Prabhakar Sinari is one of the few freedom fighters still living today.
    • Finally, Goa was liberated on December 19, 1961 by swift Indian military action that lasted less than two days.

    Recognition of Goa

    • The Supreme Court of India recognized the validity of the annexation and rejected the continued applicability of the law of occupation.
    • In a treaty with retroactive effect, Portugal recognized Indian sovereignty in 1974.
    • Under the jus cogens rule, forceful annexations including the annexation of Goa are held as illegal since they have taken place after the UN Charter came into force.

    Why was Goa left un-colonized?

    As India moved towards independence, however, it became clear that Goa would not be free any time soon, because of a variety of complex factors.

    • No immediate war: Then PM Nehru felt that if he launched a military operation (like in Hyderabad) to oust the colonial rulers, his image as a global leader of peace would be impacted.
    • Trauma of Partition: The trauma of Partition and the massive rupture that followed, coupled with the war with Pakistan, kept the Government of India from opening another front.
    • Internationalization of the issue: This might have led the international community to get involved.
    • No demand from within: It was Gandhi’s opinion that a lot of groundwork was still needed to raise the consciousness of the people, and the diverse political voices emerging within be brought under a common umbrella.

    Nehruvian dilemma

    • India’s global image: Nehru was headed in shaping India’s position in the comity of nations.
    • Trying peaceful options: He was trying to exhaust all options available to him given the circumstances that India was emerging from.
    • Portuguese obsession: Portugal had changed its constitution in 1951 to claim Goa not as a colonial possession, but as an overseas province.
    • Portugal in NATO: The move was apparently aimed at making Goa a part of the newly formed North Atlantic Treaty Organisation (NATO) military alliance. Hence the collective security clause of the treaty would be triggered.
    • Weak indigenous push: Nehru saw it prudent to pursue bilateral diplomatic measures with Portugal to negotiate a peaceful transfer while, at the same time, a more ‘overt’ indigenous push for liberation.

    Why did Nehru wait until December 1961 to launch a full-scale military offensive?

    India could no longer be seen to delay the liberation of Goa because:

    • Portuguese offensive against Satyagrahis: The firing incident also provoked a sharp response from the Government of India, which snapped diplomatic and consular ties with Portugal in 1955.
    • India as torchbearer of de-colonization: India got itself firmly established as a leader of the Non Aligned World and Afro Asian Unity, with decolonisation and anti-imperialism as the pillars of its policy.
    • Criticisms from African nations: An Indian Council of Africa seminar on Portuguese colonies organized in 1961 heard strong views from African as this was hampering their own struggles against the ruthless regime.
    • Weakening Colonialism: The delegates were certain that the Portuguese empire would collapse the day Goa was liberated.

    The debate in 2022

    • Politics needs to be charitable to history, because at some point it would be put to the same scrutiny and judgment as it becomes history itself.
    • Goa has seen 60 years of eventful liberation and successful amalgamation in the Indian Union.
    • It is more important for it to look ahead to its future than to rapidly receding, increasingly dim images in the rear-view mirror.

     

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  • What is Habeas Corpus?

    The Supreme Court has decided to examine a habeas corpus plea made by the children of a Pakistan national who they believe has been unlawfully detained for seven years.

    What is Habeas Corpus?

    • Habeas corpus is a recourse in law through which a person can report an unlawful detention or imprisonment to a court.
    • He/she can request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful.
    • In India the power to issue a writ of habeas corpus is vested only in the Supreme Court and the High Court.
    • Habeas corpus is the writ which was visualized as an effective means to provide a quick remedy to a person who has lost his personal liberty without any legal justification.

    What is Article 32?

    • Article 32 deals with the ‘Right to Constitutional Remedies’, or affirms the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred in Part III of the Constitution.
    • It is one of the fundamental rights listed in the Constitution that each citizen is entitled.
    • It states that the Supreme Court “shall have the power to issue directions or orders or writs for the enforcement of any of the rights conferred by this Part”.
    • The right guaranteed by this Article “shall not be suspended except as otherwise provided for by this Constitution”.
    • Dr B R Ambedkar has called it the very soul and heart of the Constitution. It cannot be suspended except during the period of Emergency.

    Rights protected by A32

    • The article is included in Part III of the Constitution with other fundamental rights including to Equality, Freedom of Speech and Expression, Life and Personal Liberty, and Freedom of Religion.
    • Only if any of these fundamental rights is violated can a person can approach the Supreme Court directly under Article 32.

    Types of Writs under it

    Both the High Courts and the Supreme Court can be approached for violation or enactment of fundamental rights through five kinds of writs:

    1. Habeas corpus (related to personal liberty in cases of illegal detentions and wrongful arrests)
    2. Mandamus — directing public officials, governments, courts to perform a statutory duty;
    3. Quo Warranto — to show by what warrant is a person holding public office;
    4. Prohibition — directing judicial or quasi-judicial authorities to stop proceedings which it has no jurisdiction for; and
    5. Certiorari — re-examination of an order given by judicial, quasi-judicial or administrative authorities.
    • In civil or criminal matters, the first remedy available to an aggrieved person is that of trial courts, followed by an appeal in the High Court and then the Supreme Court.
    • When it comes to violation of fundamental rights, an individual can approach the High Court under Article 226 or the Supreme Court directly under Article 32.

     

     

    Try this PYQ:

    Q.Which of the following is included in the original jurisdiction of the Supreme Court?

    1. Dispute between the Government of India and one or more States
    2. A dispute regarding elections to either House of the parliament or that of Legislature of a State
    3. A dispute between the Government of India and Union Territory
    4. A dispute between two or more States.

    Select the correct answer using the codes given below:

    (a) 1 and 2

    (b) 2 and 3

    (c) 1 and 4

    (d) 3 and 4

     

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  • Governor and Related issues

    Last week, West Bengal CM blocked its Governor on Twitter. Days earlier, the Tamil Nadu government had taken exception to Governor’s R-Day speech articulating the benefits of NEET.

    These are two of many examples of bitterness between states and Governors.

    Who is a Governor?

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

    Governor-State Relations

    • Acting on aid and advice: Although envisaged as an apolitical head who must act on the advice of the council of ministers, the Governor enjoys certain powers granted under the Constitution.
    • Discretion: He has monopoly for giving or withholding assent to a Bill passed by the state legislature, or determining the time needed for a party to prove its majority, or which party must be called first do so, generally after a hung verdict in an election.
    • Apparatus of interaction: There are no provisions laid down for the manner in which the Governor and the state must engage publicly when there is a difference of opinion. The management of differences has traditionally been guided by respect for each other’s boundaries.

    Various friction points

    In recent years, these have been largely about:

    1. Selection of the party to form a government
    2. Deadline for proving majority
    3. Sitting on Bills
    4. Passing negative remarks on the state administration

    Recent contentious case

    • J&K: In November 2018, then J&K Governor dissolved the Assembly amid indications that various parties were coming together to form the government.
    • Maharashtra: In 2019, after a hung verdict in Maharashtra Governor quietly invited a party leader and administered him oath as CM at 6am early morning. This government lasted just 80 hours.
    • Nagaland: Governor has criticised affairs of the state and allegedly interfered in administration.

    Is such friction recent?

    • Allegations of the Centre using the Governor’s position to destabilise state governments have been made since the 1950s.
    • In 1959, Kerala’s government was dismissed merely based on a report by the Governor.
    • Several state governments have been dismissed since then, including 63 through President’s Rule orders issued by Governors between 1971 and 1990.

    Why does this happen?

    • Political appointment: This is because Governors have become political appointees. Politicians become Governors and then resign to fight elections.
    • Nature of appointment: In the Constitution, there are no guidelines for exercise of the Governor’s powers, including for appointing a CM or dissolving the Assembly.
    • Defying constituent assembly: The Constituent Assembly envisaged governor to be apolitical.
    • Nature of appointment: The CM is answerable to the people. But the Governor is answerable to no one except the Centre.
    • Constitutional vacuum: Once can sugercoat it with ideas of constitutional morality and values, but the truth is there is a fundamental defect in the Constitution.
    • Security of Tenure: There is no provision for impeaching the Governor, who is appointed by the President on the Centre’s advice. While the Governor has 5-year a tenure, he can remain in office only until the pleasure of the President.
    • Powers in legislation: There is no limit set for how long a Governor can withhold assent to a Bill.

    What reforms have been suggested?

    • From the Administrative Reforms Commission of 1968 to Sarkaria Commission of 1988 and the one mentioned above, several panels have recommended reforms, such as:
    1. Selection of the Governor through a panel comprising the PM, Home Minister, Lok Sabha Speaker and the CM,
    2. Fixing his tenure for five years
    3. Provision to impeach the Governor by the Assembly
    • No government has implemented any of these recommendations.

     

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  • What is Privilege Motion?

    An MP from Telangana submitted a Privilege Motion against PM regarding his remarks over the bifurcation of the erstwhile state of Andhra Pradesh.

    What is Parliamentary Privilege?

    • Parliamentary privilege refers to the right and immunity enjoyed by legislatures.
    • The legislators are granted protection against civil or criminal liability for actions done or statements made in the course of their legislative duties.
    • They are granted so that the MPs/MLAs can effectively discharge their functions.
    • The powers, privileges, and immunities of either House of the Indian Parliament and of its members and committees are laid down in Article 105 of the Constitution.
    • Article 194 deals with the powers, privileges and immunities of the State Legislatures, their members and their committees.

    What is a Privilege Motion?

    • When any of the rights and immunities are disregarded, the offence is called a breach of privilege and is punishable under the law of Parliament.
    • A notice is moved in the form of a motion by any member of either House against those being held guilty of breach of privilege.
    • Each House also claims the right to punish as contempt actions which, while not breach of any specific privilege, are offenses against its authority and dignity.

    What are the rules governing privilege?

    • Rule No 222 in Chapter 20 of the Lok Sabha Rule Book and correspondingly Rule 187 in Chapter 16 of the Rajya Sabha rulebook govern privilege.
    • It says that a member may, with the consent of the Speaker or the Chairperson, raise a question involving a breach of privilege either of a member or of the House or of a committee thereof.
    • The rules however mandate that any notice should be relating to an incident of recent occurrence and should need the intervention of the House.
    • Notices have to be given before 10 am to the Speaker or the Chairperson.

    What is the role of the Speaker/Rajya Sabha Chair?

    • The Speaker/RS chairperson is the first level of scrutiny of a privilege motion.
    • The Speaker/Chair can decide on the privilege motion himself or herself or refer it to the privileges committee of Parliament.
    • If the Speaker/Chair gives consent under Rule 222, the member concerned is given an opportunity to make a short statement.

    What is the Privileges Committee?

    • In the Lok Sabha, the Speaker nominates a committee of privileges consisting of 15 members as per respective party strengths.
    • A report is then presented to the House for its consideration. The Speaker may permit a half-hour debate while considering the report.
    • The Speaker may then pass final orders or direct that the report be tabled before the House.
    • A resolution may then be moved relating to the breach of privilege that has to be unanimously passed.
    • In the Rajya Sabha, the deputy chairperson heads the committee of privileges, which consists of 10 members.

    Answer this PYQ in the comment box:

    Q.With reference to the Parliament of India, which of the following Parliamentary Committees scrutinizes and reports to the House whether the powers to make regulations, rules, sub-rules, by-laws etc. conferred by the constitution of delegated by the Parliament are being properly exercised by the Executive within the scope of such delegation?

    (a) Committee on Government Assurances

    (b) Committee on Subordinate Legislation

    (c) Rules Committee

    (d) Business Advisory Committee

     

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  • Central Media Accreditation Guidelines 2022

    The Centre has issued a new policy on the accreditation of journalists, introducing an entire section about reasons that can result in the suspension of the accreditation.

    What is the Policy for Accreditation?

    • The new policy lays down guidelines on how PIB accreditation will be granted to eligible journalists.
    • It is prepared by the Ministry of Information and Broadcasting (I&B) and issued by the Press Information Bureau.
    • At the moment there are 2,457 PIB-accredited journalists in the country.

    Conditions laid

    • For the first time, it specifies conditions that can result in the journalist losing accreditation.
    • The new policy has ten points that may result in the accreditation being canceled, including if a journalist is charged with a “serious cognizable offense”.
    • If a journalist acts in a manner that is prejudicial to the following conditions, his/ her accreditation can be canceled:
    1. Sovereignty and integrity of India
    2. Security of the nation
    3. Friendly relations with foreign states
    4. Public order
    5. Decency or morality or
    6. Defamation or incitement of an offense
    7. In relation to Contempt of Court
    • Accreditation is also liable to be withdrawn/suspended if it is found to have been misused.

    Who is eligible for accreditation?

    • Applications for accreditation are vetted by a Central Press Accreditation Committee headed by the DG, PIB.
    • After a journalist applies, a mandatory security check is conducted by the Home Ministry, which includes police verification of the journalist’s residence.

    (1) Journalists

    • But a journalist needs to have a minimum of five years of professional experience as a full-time working journalist or a cameraperson in a news organization, or a minimum of 15 years as a freelancer to become eligible.
    • Veteran journalists, with over 30 years of experience, and who are older than 65 years of age, too are eligible.
    • Accreditation is only available for journalists living in the Delhi NCR region.
    • Similar rules apply to foreign news organizations and foreign journalists.

    (2) Newspapers

    • A newspaper or a periodical needs to have a minimum daily circulation of 10,000, and news agencies must have at least 100 subscribers.

    (3) Digital platforms and others

    • The policy has introduced a provision that journalists working with digital news platforms are also eligible, provided the website has a minimum of 10 lakh unique visitors per month.

    How does accreditation help?

    • Professional status: The policy mentions that the accreditation does not “confer any official or special status” on the journalists, but only recognizes them as “professional working journalists”.
    • Reporting important offices: In certain events where VVIPs or dignitaries such as the President, the Vice President, or the Prime Minister are present, only accredited journalists are allowed to report from the premises.
    • Source Identity: Accreditation ensures that a journalist is able to protect the identity of his or her sources.
    • Authencity: An accredited journalist does not have to disclose who he or she intends to meet when entering offices of union ministries, as the accreditation card is valid for entry.
    • Perks and benefits: Accreditation brings certain benefits for the journalist and his or her family, like being included in the Central Government Health Scheme, and some concessions on railway tickets.

    What concerns does this raise?

    • Intimidation: This could result, at times, in such powers trying to intimidate journalists or to block information from coming out.
    • Alleged defamation: A common tool used by powerful people is filing of defamation cases against journalists and media platforms.
    • Prevents constructive criticism: Journalists often report on issues and policy decisions that the government may not like.
    • Subjectivity of criteria: The new policy’s provision about acting “in manner which is prejudicial to the sovereignty and integrity of India can be subjective.
    • No watchdog: The policy is silent on who will decide if a journalist’s conduct violates any of these conditions.
    • Media trials: Any investigative story on sensitive issues could be held to be in violation of any of these provisions.

     

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