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GS Paper: GS2

  • The South Asian-Gulf Migrant Crisis

    The pandemic has exacerbated the plight of the migrant workers in the Gulf countries. This article examines the issue and suggests the ways to deal with it.

    Context

    • The Covid-19 exposed the precarious conditions of migrant workers in the Gulf Cooperation Council (GCC) countries.
    • Employers have used the crisis as an opportunity to retrench masses of migrant labourers without paying them wages or allowances.

    Impact of Covid-19

    • The South Asia-Gulf migration corridor is among the largest in the world.
    • The South Asian labour force forms the backbone of the Gulf economies.
    • The pandemic, the shutdown of companies, the tightening of borders, and the exploitative nature of the Kafala sponsorship system have all aggravated the miseries of South Asian migrant workers.
    • They have no safety net, social security protection, welfare mechanisms, or labour rights.
    • Now, thousands have returned home empty-handed from the host countries.
    • Indians constitute the largest segment of the South Asian workforce.
    • Gulf migration is predominantly a male-driven phenomenon.
    • A majority of the migrants are single men living in congested labour camps.
    • The COVID-19 spike in these labour camps has mainly been due to overcrowded and unsanitary living conditions.

    Nationalisation of labour in Gulf

    • Now, the movement for nationalisation of labour and the anti-migrant sentiment has peaked in Gulf countries.
    • Countries like Oman and Saudi Arabia have provided subsidies to private companies to prevent native lay-offs.
    • However, the nationalisation process is not going to be smooth given the stigma attached to certain jobs and the influence of ‘royal sheikh culture’.

    Challenges and solutions

    • The countries of origin are now faced with the challenge of rehabilitating, reintegrating, and resettling these migrant workers.
    • The Indian government has announced ‘SWADES’ for skill mapping of citizens returning from abroad.
    • But implementation seems uncertain.
    • Kerala, the largest beneficiary of international migration, has announced ‘Dream Kerala’ to utilise the multifaceted resources of the migrants.
    • Countries that are sending migrant workers abroad are caught between the promotion of migration, on the one hand, and the protection of migrant rights in increasingly hostile countries receiving migrants, on the other.

    Way forward

    • The need of the hour is a comprehensive migration management system for countries that send workers as well as those that receive them.
    • No South Asian country except Sri Lanka has an adequate migration policy.

    Conclusion

    The pandemic has given us an opportunity to voice the rights of South Asian migrants and to bring the South Asia-Gulf migration corridor within the ambit of SAARC, the ILO, and UN conventions.

    Original article:

    https://www.thehindu.com/opinion/op-ed/the-south-asian-gulf-migrant-crisis/article32215146.ece

  • Russia-India-China: A triangle that is still relevant

    RIC engagement started on the promising note but the geopolitical changes over the last two decades have set the three countries on diverging paths. It is against this backdrop, the article articulates why RIC is still relevant.

    Background of RIC

    • The RIC dialogue commenced in the early 2000s.
    • At that time the three countries were positioning themselves for a transition from a unipolar to a multipolar world order.
    •  It was not an anti-U.S. construct though.
    • The initial years of the RIC dialogue coincided with an upswing in India’s relations with Russia and China.
    • The 2003 decision to bring a political approach to India-China boundary dispute and to develop other cooperation, encouraged a multi-sectoral surge in relations.
    • An agreement in 2005, identifying political parameters applicable in an eventual border settlement, implicitly recognised India’s interests in Arunachal Pradesh.

    Growing India-U.S. relations

    • During the same period in which RIC dialogues took place, India’s relations with the U.S. surged.
    • This involved trade and investment, a landmark civil nuclear deal and a burgeoning defence relationship.
    • This rising relations with the U.S. met India’s objective of diversifying military acquisitions away from a near-total dependence on Russia.
    • The U.S. saw value in partnering with a democratic India in Asia as China was rapidly emerging as a challenger.

    How India-U.S. relations affected RIC

    • China went back on the 2005 agreement.
    • It launched the China-Pakistan Economic Corridor and worked to undermine India’s influence in its neighbourhood.
    • And expanded its military and economic presence in the Indian Ocean.
    • As U.S.-Russia relations imploded in 2014 after the annexation/accession of Crimea.
    • Russia’s pushback against the U.S. included cultivating the Taliban in Afghanistan and enlisting Pakistan’s support for it.
    • The western campaign to isolate Russia drove it into a much closer embrace of China.

    Thus, the RIC claim of overlapping or similar approaches to key international issues, sounds hollow today. But it is still holds significance.

    Why RIC is still significant for India

    1) SCO

    • Central Asia is strategically located, bordering our turbulent neighbourhood.
    •  Pakistan’s membership of SCO and the potential admission of Iran and Afghanistan heighten the significance of the SCO for India.
    • It is important for India to shape the Russia-China dynamics in this region, to the extent possible.
    • The Central Asian countries have signalled they would welcome such a dilution of the Russia-China duopoly.
    • The ongoing India-Iran-Russia is an important initiative for achieving an effective Indian presence in Central Asia, alongside Russia and China.

    2) Significant bilateral relations

    • India’s defence and energy pillars of partnership with Russia remain strong.
    • Access to Russia’s abundant natural resources can enhance our materials security.
    • With China too, while the recent developments should accelerate our efforts to bridge the bilateral asymmetries, disengagement is not an option.

    3) The Indo-Pacific issue

    • For India, it is a geographic space of economic and security importance, in which a cooperative order should prevent the dominance of any external power.
    • China sees our Indo-Pacific initiatives as part of a U.S.-led policy of containing China.
    • Russia’s Foreign Ministry sees the Indo-Pacific as an American ploy to draw India and Japan into a military alliance against China and Russia.
    • India should focus on economic links with the Russian Far East and the activation of a Chennai-Vladivostok maritime corridor.
    • This may help persuade Russia that its interests in the Pacific are compatible with our interest in diluting Chinese dominance in the Indo-Pacific.

    4) Strategic autonomy of India

    • The current India-China stand-off has intensified calls for India to fast-track partnership with the U.S.
    • National security cannot be fully outsourced.
    • India’s quest for autonomy of action is based on its geographical realities, historical legacies and global ambitions.

    Consider the question “The changing geopolitical landscape should not dampen the importance of India’s engagement in the RIC (Russia-India-China) triangle. Comment.” 

    Conclusion

    India should continue its engagement in the RIC while keeping and protecting its interests.

  • The issue of powers of Speaker and Court

    The article examines the larger issue of powers of the Speaker under 10th Schedule and the current interim order of the Rajasthan High Court.

    Context

    • The Rajasthan High Court had admitted the petition by the Congress faction group challenging the notice of the Speaker.
    • In the interim order, the High Court had ordered to maintain the status quo.

    Why Kihoto Hollohan Case matters

    • The Kihoto Hollohan decision of the Supreme Court delivered in 1992 forms the basis in such decisions.
    • The Constitution Bench which heard it was split 3:2.
    • The majority on the bench upheld the constitutionality of the Tenth Schedule of the Constitution.
    • The High Court is not empowered to unsettle Kihota Hollohan and must apply its ratio that the Chairman/Speaker is the final arbiter on the disqualification of a member.
    • Rajasthan High Court has raised the issue about whether disqualification under Tenth Schedule is applicable in the case of “intra-party dissent”.
    • Para 2(1) a of 10th Schedule deals with disqualification of a member of a House belonging to any party “if he has voluntarily given up his membership of such political party”.

    Let’s look at what the Supreme Court said  in Kihoto Hollohan case:

    “paragraph 2 of the Tenth Schedule of the Constitution is valid. Its provisions do not suffer from the vice of subverting democratic rights of elected members of Parliament and the legislatures of the States. It does not violate their freedom of speech, freedom of vote and conscience as contended”.

    Consider the question “Examine the issue of powers of Speaker/Chairman in the matters of disqualification of the member against the powers of the Courts in such matters. What are the reasons for frequent frictions between the two authorities on this matter?”

    Conclusion

    The high courts and the Supreme Court routinely refuse to interfere in matters where the concerned authority has merely issued a show-cause notice or granted an opportunity of being heard. So, it must fix the issue raised by the Rajasthan High Court interim order.

  • Global coalition of democracies amid Chinese assertion

    In the recent speed Mike Pompeo, the US Secretary of State, floated the idea of an ‘alliance of democracies’. This article discusses its implications for India.

    Two propositions on China

    • The US Secretary of State laid out two propositions.
    • One is that nearly five decades of US engagement with China have arrived at a dead-end.
    • Second is that the US can’t address the China challenge alone and called for collective action.
    • He mused on whether “it’s time for a new grouping of like-minded nations, a new alliance of democracies.”

    How it matters for India?

    • Both the propositions signal the breakdown of the relationship between the world’s two most important powers.
    • They also reflect on the need to create new frameworks to cope with emerging global challenges.
    • China, is a large neighbour of India and America, is India’s most important partner makes the new context rather different from the Cold War.

    Concerns for India in the propositions

    •  Many in Delhi would like to know if the current direction of China policy will endure if Joe Biden wins the presidential election in November.
    • India must pay close attention to the unfolding China debate in the US.
    • India also note the structural changes in American engagement with China over the last two decades.
    •  Delhi will certainly avoid calling the group proposed by US Secretary of State an “alliance”.
    • India would rather have it described as a “coalition of democracies”.

    Idea of ‘Coalition of democracies’

    • Over the last many years, India has become comfortable with the idea of a political partnership with the world’s leading democracies.
    • India also supported past US initiatives like-Clinton Administrations “Community of Democracies”, Bush Administrations democracy promotion fund at the UN.
    • Delhi has also welcomed President Trump’s initiative to convene an expanded gathering of the G-7 leaders.
    • The idea of democracies working together has an enduring appeal for the US.
    • India figures in this American vision is relatively new. So is Delhi’s readiness to reciprocate.

    Consider the question “In the ongoing geopolitical situation the U.S. has proposed the idea of ‘alliance of democracies’. Where does India feature in this vision and what are the implications of it for India.”

    Conclusion

    Constructing a global coalition of democracies will take much work and quite some time. But engaging with that initiative, amidst the rise and assertion of China, should open a whole range of new possibilities for Indian foreign and security policies.

    Original article:

    https://indianexpress.com/article/opinion/columns/us-india-democracy-china-cold-war-global-economy-6526409/

  • Indian foreign policy and decline in soft power in neighbourhood

    The article examines the issue of declining political capital in India’s neighbourhood and the factors responsible for this. 

    India’s standing in neighbourhood: Past

    • Not long ago, India was seen as a natural rising power in South Asia and the Indian Ocean Region.
    • It was the de facto leader of the South Asian Association for Regional Cooperation (SAARC).
    • It has historical and cultural ties with Nepal.
    • It enjoyed traditional goodwill and influence in Sri Lanka and Bangladesh.
    • It had made investments worth billions of dollars in Afghanistan and cultivated vibrant ties with the post-Taliban stakeholders in Kabul.
    • It had committed itself to multilateralism and the Central Asian connectivity project, with Iran being its gateway.
    • It was competing and cooperating with China at the same time.

    India’s relations in with the neighbourhood: Present

    • India is perhaps facing its gravest national security crisis in 20 years, with China along the Line of Actual Control (LAC).
    • SAARC is defunct.
    • Nepal has turned hostile having adopted a new map and revived border disputes with India.
    • Sri Lanka has tilted towards China.
    • Bangladesh is clearly miffed at the Citizenship (Amendment) Act, 2019.
    • When Afghanistan is undergoing a major transition, India is out of the multi-party talks.
    • Iran has inaugurated a railway link project connecting the Chabahar port, on the Gulf of Oman, to Zahedan.

    What are the factors responsible for this?

    When we dig deep, three problems can be found which are more or less linked to this decline.

    1) Alignment with US

    • As India started moving away from non-alignment, there has been a steady erosion in India’s strategic autonomy.
    • India’s official policy is that it is committed to multilateralism.
    •  When India started deepening its partnership with the United States, New Delhi began steadily aligning its policies with U.S. interests.
    • The case of Iran is the best example.
    • India’s deepening defence and military ties with the U.S.  probably altered Beijing’s assessment of India.
    • One of the reasons for the shift could be Beijing’s assessment that India has already become a de facto ally of the U.S.
    • The forceful altering of the status quo on the border is a risky message as much to New Delhi as it is to Washington.

    2) Domestic politics

    • The passing of the CAA is regionalisation of the domestic problems of the countries in India’s neighbourhood.
    • Bangladesh took offence at the CAA and the National Register of Citizens, there were anti-India protests even in Afghanistan.
    • CAA also drove new wedges between India and the countries that had a Muslim majority and were friendly to India in the neighbourhood.
    • The abrogation of the special status of Jammu and Kashmir was another such move.
    • But it damaged India’s reputation as a responsible democratic power and gave propaganda weapons to Pakistan.
    • The change of status quo in Jammu and Kashmir, could be another factor that prompted the Chinese to move aggressively towards the border in Ladakh.

    3) Misplaced confidence

    • Great powers wait to establish their standing before declaring that they have arrived.
    • China bided its time for four decades before it started taking on the mighty U.S.
    • India should learn from at least these modern examples.
    • If it did, it would not have used high-handedness in Nepal during the country’s constitutional crisis and caused a traditional and civilisational ally to turn hostile.
    • The updated political map which India released in November rubbed salt into the wound on the Nepal border.

    Consider the question “India’s standing in its neighbourhood has been on the decline for some time now. Examine the factors responsible for this.”

    Conclusion

    To address the current crises, India has to reconsider its foreign policy trajectory. It does not lack resources to claim what is its due in global politics. What it lacks is strategic depth.

    Original article:

    https://www.thehindu.com/opinion/lead/needed-a-map-for-indias-foreign-policy/article32206877.ece

  • When can a Governor use his discretion, how has the SC ruled?

    Rajasthan Governor returning the fresh proposal by the state Cabinet – seeking to convene a session of the Assembly has raised fresh legal questions on the powers of the Governor.

    Try this question for mains:

    Q. “Time and again, the courts have spoken out against the Governor acting in the capacity of an all-pervading super-constitutional authority.” Analyse.

    Who has the powers to summon the House?

    • It is the Governor acting on the aid and advice of the cabinet.
    • Article 174 of the Constitution gives the Governor the power to summon from time to time “the House or each House of the Legislature of the State to meet at such time and place as he thinks fit…”
    • However, the phrase “as he thinks fit” is read as per Article 163 of the Constitution which says that the Governor acts on the aid and advice of the cabinet.
    • Article 163(1) essentially limits any discretionary power of the Governor only to cases where the Constitution expressly specifies that the Governor must act on his own and apply an independent mind.

    What has the Supreme Court said in the past about the Governor’s power to summon the House?

    • It is settled law that the Governor cannot refuse the request of the Cabinet to call for a sitting of the House for legislative purposes or for the chief minister to prove his majority.
    • In fact, on numerous occasions, including in the 2016 Uttarakhand case, the court has clarified that when the majority of the ruling party is in question, a floor test must be conducted at the earliest available opportunity.
    • In 2016, the Supreme Court in Nabam Rebia and Bamang Felix vs Deputy Speaker expressly said that the power to summon the House is not solely vested in the Governor.

    What did the SC say in the Arunachal case?

    • Referring to discussions in the Constituent Assembly, the court noted that the framers of the Constitution expressly and consciously left out vesting powers to summon or dissolve the House solely with the Governor.
    • It said that the powers of the Governor were substantially altered to indicate that the framers did not want to give Governors the discretion.
    • The Governor can summon, prorogue and dissolve the House, only on the aid and advice of the Council of Ministers (CoM) with the Chief Minister as the head and not at his own, said the Court.

    When can a Governor use his discretion?

    • Article 163(1) of the Constitution says that “there shall be a CoM with the CM at the head to aid and advice the Governor in the exercise of his functions, except some conditions for discretion.
    • However, in the 2016 case, the apex court has defined the circumstances if the aid and advice of CoM are binding on the Governor.
    • When the chief minister has lost the support of the House and his strength is debatable, then the Governor need not wait for the advice of the CoM to hold a floor test.

    Novel situations are created these days

    • Generally, when doubts are cast on the chief minister that he has lost the majority, the opposition and the Governor would rally for a floor test.
    • The ruling party may attempt to stall the process to buy time and keep its flock together.
    • In a puzzling situation, in Rajasthan’s case, despite requests from CM, the Governor has returned requests to call for a session.
    • However, in the current case, the rebel MLAs have not defected from their party but have repeatedly stated before the Rajasthan HC that they are merely expressing their dissent within the party.

    Back2Basics: Governor’s Discretionary Powers

    The governor can use his/her discretionary powers:

    • When no party gets a clear majority, the governor has the discretion to choose a candidate for the chief minister who will put together a majority coalition as soon as possible.
    • He can impose president’s rule.
    • He submits reports on his own to the president or on the direction of the president regarding the affairs of the state.
    • He can withhold his assent to a bill and send it to the president for his approval.
    • During emergency rule per Article 353, he can override the advice of the council of ministers if specifically permitted by the president.

  • [pib] Special Window for Affordable and Mid Income Housing (SWAMIH)

    Union Minister for Finance has informed that so far Rs 8767 crore has been approved for 81 projects under Special Window for Affordable and Mid-Income Housing (SWAMIH) Investment Fund I.

    Try this MCQ:

    Q.The SWAMIH Fund recently seen in news is related to:

    (a) Higher Education (b) MSMEs (c) Housing (d) Highways

    SWAMIH Fund

    • In November 2019, the Finance Minister had cleared a proposal to set up a ‘Special Window’ called SWAMIH in to provide priority debt financing for the completion of stalled housing projects.
    • SWAMIH Investment Fund has been formed to complete the construction of stalled, brownfield, RERA registered residential developments that are in the affordable housing / mid-income category.
    • The Sponsor of the Fund is the Secretary, Department of Economic Affairs, Ministry of Finance, and Government of India on behalf of the Government of India.
    • The fund is set up as a Category-II AIF (Alternate Investment Fund) debt fund registered with SEBI and would be professionally run.

    Why need such funds?

    • Several real estate projects have suffered due to a combined effect of two changes in the real estate sector.
    • On one hand, incremental launches and slow sales have increased unsold inventory in each project.
    • While the effect has then got compounded by the fact that consumer preference is now towards completed projects rather than under-construction projects.
    • This preference has developed as consumers are largely avoiding taking project completion risk and instead are more inclined to completed projects.

  • [pib] INDSAT exam under ‘Study in India’ Programme

    The Ministry of HRD conducted the first-ever Indian Scholastic Assessment (IND-SAT) Test 2020 under its ‘Study in India’ programme.

    Try this MCQ:

    Q.The INDSAT recently seen in news is a:

    a) Free-to-air educational TV channels for school education

    b) A satellite for educational purposes

    c) IMD weather forecasting system

    d) Online examination for foreign students in India

    INDSAT Exam

    • The Indian Scholastic Assessment or IND-SAT is a standardized online proctored test for students seeking scholarships with Study in India (SII).
    • This exam is to gauge the capability and tenacity of students applying to study in India.
    • The scores will serve as a criterion to shortlist the meritorious students for the allocation of scholarships for undergraduate as well as postgraduate programmes under ‘Study in India’ programme.
    • The exam is conducted in the proctored internet mode by the National Testing Agency.

    What makes it special?

    • Nearly five thousand candidates from Nepal, Ethiopia, Bangladesh, Bhutan, Uganda, Tanzania, Rwanda, Sri-Lanka, Kenya, Zambia, Indonesia and Mauritius appeared for the exam.

    About Study in India

    • The Study in India is a programme of MHRD under which foreign students come to study in 116 select higher education institutions in India for undergraduate and postgraduate programmes.
    • The selection of the students is based on their merit in class 12 / school-leaving exam.
    • About top 2000 students are given scholarships, while some others are given fee discounts by the institutions.

     

  • SDGs amid Covid

    Context

    • As lockdown eases, return to business as usual is unimaginable in Asia and Pacific which was already off track to meet the Sustainable Development Goals (SDGs). 
    • Efforts to respond to the pandemic have revealed how many people in our societies live precariously close to poverty and hunger.

    Progress towards SDGs in pandemic

    •  The SDGs  can serve as a beacon in these turbulent times.
    •  SDGs are a commitment to eradicate poverty and achieve sustainable development, globally, by 2030.
    • The pandemic has exposed fragility and systemic gaps in many key systems.
    • Countries have used workable strategies during pandemic to accelerate progress related to development goals and strengthen resilience.
    • Countries have taken steps to extend universal health care systems and strengthen social protection systems.
    • Accurate and regular data have been key to such efforts.
    • Innovating to help the most disadvantaged access financing and small and medium-sized enterprise credits have also been vital.
    • Several countries have taken comprehensive approaches to various forms of discrimination, particularly related to gender and gender-based violence.
    • Partnerships with the private sector and financing institutions, have played a critical role in fostering creative solutions.

    Focus on green recovery in Asia-Pacific countries

    • Countries in Asia and the Pacific are developing ambitious new strategies for green recovery and inclusive approaches to development.
    • South Korea recently announced a New Deal based on two central pillars: digitisation and decarbonisation.
    • Many countries in the Pacific are focusing on “blue recovery,” which promote more sustainable approaches to fisheries management.
    • India recently announced operating the largest solar power plant in the region.
    • China is creating more jobs in the renewable energy sector than in fossil fuel industries.

    Suggestions for policymaking

    • We need a revolution in policy mindset and practice- following are part of the transformations needed.
    • 1) Inclusive and accountable governance systems.
    • 2) Adaptive institutions with resilience to future shocks.
    • 3) Universal social protection and health insurance.
    • 4) Stronger digital infrastructure.

    Consider the question “Pandemic has highlighted the fragility of our systems. But it also emphasised the need to strive to achieve the SDGs. Comment.”

    Conclusion

    With the onslaught of pandemic disrupting us, we should base our recovery and progress trajectory firmly towards achieving SDGs.

     

    Back2Basics: SDGs

    Sustainable Development Goals and India

    • The Sustainable Development Goals (SDGs), otherwise known as the Global Goals, are a universal call to action to end poverty, protect the planet and ensure that all people enjoy peace and prosperity.
    • The 17 Goals build on the successes of the Millennium Development Goals, while including new areas such as climate change, economic inequality, innovation, sustainable consumption, peace and justice, among other priorities.
    • The goals are interconnected – often the key to success on one will involve tackling issues more commonly associated with another.
    • The SDGs work in the spirit of partnership and pragmatism to make the right choices now to improve life, in a sustainable way, for future generations.
    • They provide clear guidelines and targets for all countries to adopt in accordance with their own priorities and the environmental challenges of the world at large.

    The SDGs are an inclusive agenda. They tackle the root causes of poverty and unite us together to make a positive change for both people and planet. “Poverty eradication is at the heart of the 2030 Agenda, and so is the commitment to leave no-one behind,” UNDP Administrator Achim Steiner said. “The Agenda offers a unique opportunity to put the whole world on a more prosperous and sustainable development path. In many ways, it reflects what UNDP was created for.”

    The Goals

     

  • Issues with contempt of court

    The article discusses the issues that law for contempt of the court give rise to. The practice has monarchical origins. Its continuance conflicts with the ideals of democracy. 

    Objective

    • The objective for contempt is stated to be to safeguard the interests of the public if the authority of the Court is denigrated and public confidence in the administration of justice is weakened or eroded.
    •  Need to “respect the authority and dignity of the court” has monarchical origins.

    Issues in India

    • With adjudicatory role having been handed over to judges, showing extreme deference to judges does not sit well with the idea of a democracy.
    • But the definition of criminal contempt in India is extremely wide, and can be easily invoked.
    •  Justice V.R. Krishna Iyer famously termed the law of contempt as having a vague and wandering jurisdiction, contempt law may unwittingly trample upon civil liberties.
    • Criminal contempt is completely asynchronous with our democratic system which recognises freedom of speech and expression as a fundamental right.
    • Excessively loose use of the test of ‘loss of public confidence’, combined with a liberal exercise of suo motu powers, can be dangerous.
    •  It can amount to the Court signalling that it will not suffer any kind of critical commentary about the institution at all.

    Lessons from other democracies

    • Contempt has practically become obsolete in foreign democracies.
    • Canada ties its test for contempt to real, substantial and immediate dangers to the administration.
    • American courts also no longer use the law of contempt in response to comments on judges or legal matters.
    • In England, too, the legal position has evolved.

    Approach of Indian judiciary

    • Truth and good faith were not recognised as valid defences until 2006, when the Contempt of Courts Act was amended.
    • Indian courts have not been inclined to display the same maturity and unruffled spirit as their peers in the other democracies.

    Consider the question  “A law for criminal contempt is completely asynchronous with our democratic system which recognises freedom of speech and expression as a fundamental right. Examine the issue in India context and suggest the major to strike the balance.”

    Conclusion

    Besides needing to revisit the need for a law on criminal contempt, even the test for contempt needs to be evaluated. If such a test ought to exist at all, it should be whether the contemptuous remarks in question actually obstruct the Court from functioning. It should not be allowed to be used as a means to prevent any and all criticism of an institution.