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GS Paper: GS2

  • Explained: Consumer Protection Act, 2019

    The Consumer Protection Act, 2019 has come into effect from July 20, replacing the earlier Consumer Protection Act, 1986.

    Consumer Protection Act_Provisions of Consumer Protection Act 2019

    What are the Rights of the Consumers?

    Try this question from our AWE initiative 

    Compare and contrast the Consumer Protection Act 1986 with that of the Consumer Protection Bill 2018. How far do you think the changes made are consumer centric towards benefiting the consumer more? Examine. (250 W/ 15 M)

    Consumer Protection Act, 2019: Key Features

    1) Definition of consumer

    • A consumer is defined as a person who buys any good or avails a service for a consideration. 
    • It does not include a person who obtains a good for resale or a good or service for commercial purpose. 
    • It covers transactions through all modes including offline, and online through electronic means, teleshopping, multi-level marketing or direct selling.

    2) Rights of consumers

    The following consumer rights have been defined in the Act, including the right to:

    • be protected against marketing of goods and services which are hazardous to life and property;
    • be informed of the quality, quantity, potency, purity, standard and price of goods or services;
    • be assured of access to a variety of goods or services at competitive prices; and
    • seek redressal against unfair or restrictive trade practices.
       

    3) Establishment of Central Consumer Protection Authority

    • The central government will set up a CCPA to promote, protect and enforce the rights of consumers. 
    • It will regulate matters related to violation of consumer rights, unfair trade practices, and misleading advertisements. 
    • The CCPA will have an investigation wing, headed by a Director-General, which may conduct inquiry or investigation into such violations. 

    4) Penalties for misleading advertisement

    • The CCPA may impose a penalty on a manufacturer or an endorser of up to Rs 10 lakh and imprisonment for up to two years for a false or misleading advertisement. 
    • In case of a subsequent offence, the fine may extend to Rs 50 lakh and imprisonment of up to five years. 
    • CCPA can also prohibit the endorser of a misleading advertisement from endorsing that particular product or service for a period of up to one year.
    • For every subsequent offence, the period of prohibition may extend to three years.  

    5) Consumer Disputes Redressal Commission

    • CDRCs will be set up at the district, state, and national levels. 
    • A consumer can file a complaint with CDRCs in relation to: unfair or restrictive trade practices; defective goods or services etc.
    • Complaints against an unfair contract can be filed with only the State and National   Appeals from a District CDRC will be heard by the State CDRC. 
    • Appeals from the State CDRC will be heard by the National CDRC.  Final appeal will lie before the Supreme Court.

    6) Jurisdiction of CDRCs

    • The District CDRC will entertain complaints where value of goods and services does not exceed Rs one crore. 
    • The State CDRC will entertain complaints when the value is more than Rs one crore but does not exceed Rs 10 crore. 
    • Complaints with value of goods and services over Rs 10 crore will be entertained by the National CDRC.
       

    7) Product liability

    • Product liability means the liability of a product manufacturer, service provider or seller to compensate a consumer for any harm or injury caused by a defective good or deficient service. 
    • To claim compensation, a consumer has to prove any one of the conditions for defect or deficiency, as given in the Act.

    With inputs from: PRS

  • What is the Non-Aligned Movement (NAM)?

    Non-alignment is an old concept today, and India has adopted an approach of “issue-based alignment”, according to External Affairs Minister S. Jaishankar.

    Try this question for mains:

    Q.“The gradual exit of the US from institutional geopolitics has created an ocean of opportunity for small nations”. Discuss.

    What is the Non-Aligned Movement (NAM)?

    • The NAM is a forum of 120 developing world states that are not formally aligned with or against any major power bloc.
    • The group was started in Belgrade, Yugoslavia in 1961.
    • After the UN, it is the largest grouping of states worldwide.

    Its formation

    • NAM emerged in the context of the wave of decolonization that followed World War II.
    • It was created by Yugoslavia’s President, Josip Broz Tito, India’s first PM, Jawaharlal Nehru, Egypt’s second President Gamal Abdel Nasser, Ghana’s first president Kwame Nkrumah, and Indonesia’s first President, Sukarno.
    • All five leaders believed that developing countries should not help either the Western or Eastern blocs in the Cold War.
    • As a condition for membership, the states of the NAM cannot be part of a multilateral military alliance (such as the NATO) or have signed a bilateral military agreement with one of the “big powers” involved in Great Power conflicts.
    • However, its idea does not signify that a state ought to remain passive or even neutral in international politics.

    Its relevance today

    • One of the challenges of the NAM in the 21st century has been to reassess its identity and purpose in the post-Cold War era.
    • The movement has continued to advocate for international cooperation, multilateralism, and national self-determination, but it has also been increasingly vocal against the inequities of the world economic order.
    • On the contrary, from the founding of the NAM, its stated aim has been to give a voice to developing countries and to encourage their concerted action in world affairs.

    The geopolitics of opportunity

    • Non-alignment was a term of a particular era and geopolitical landscape. One aspect was independence, which remains a factor of continuity for India.
    • The consequences of global shifts, including the US and the assertiveness of China, are opening spaces for middle powers like India, Japan, the EU and others.

    US repositioning has impacted everyone

    • The consequence of repositioning of the US, that the big umbrella is now smaller than it used to be, has allowed many other countries to play more autonomous roles.
    • India needs to take more “risks”, as the world expected it to take a more proactive stance on various issues including connectivity, maritime security, terrorism, climate change and terrorism.

  • [pib] Manodarpan Initiative

    The Union HRD Ministry will launch the Manodarpan Initiative, today.

    Try this question from CSP 2016:

    Q.’Rashtriya Garima Abhiyaan’ is a national campaign to:

    (a) rehabilitate the homeless and destitute persons and provide them with suitable sources of livelihood

    (b) release the sex workers from their practice and provide them with alternative sources of livelihood

    (c) eradicate the practice of manual scavenging and rehabilitate the manual scavengers

    (d) release the bonded labourers from their bondage and rehabilitate them

    Manodarpan Initiative

    • ‘Manodarpan’ covers a wide range of activities to provide psychosocial support to students, teachers and families for Mental Health and Emotional Wellbeing during the COVID outbreak and beyond.
    • It contains advisory, practical tips, posters, videos, do’s and don’ts for psychosocial support, FAQs and online query system.
    • It aims to provide psychosocial support to students for their mental health and well-being.
    • It has been included in the Atmanirbhar Bharat Abhiyan, as a part of strengthening human capital and increasing productivity and efficient reform and initiatives for the education sector.
    • A toll-free helpline will also be launched as part of the initiative for a country-wide outreach to students from schools, colleges and universities.
    • Through this helpline, tele-counselling will be provided to the students to address their mental health and psychosocial issues.

  • Changing dynamics in China-Pakistan collusion against India

    India has always been aware of the China-Pak collusion and their mutual support to each others’ actions. But the underlying basis has been changing now. It is no longer Pakistan seeking Chinese support in J&K as much as it is the other way around.

    Preparedness for a two-front war

    • The debate regarding India’s capability to fight a war in which there is full collusion between China and Pakistan has generally remained inconclusive.
    • Most detractors of the belief regarding China’s military-operational support to Pakistan, have leaned on the argument that China will adopt a policy to suit its interests.
    • Both in 1965 and 1971, China made some promises to Pakistan but chose to stay away.
    • Of course, that was during the Cold War — a completely different international strategic environment.

    China-Pakistan collection action in Kashmir

    • Pakistan increased its proxy campaign in J&K almost in sync with two China-related trends.
    • First, enhanced PLA assertiveness in Eastern Ladakh.
    • Second, the announcement of the Belt and Road Initiative (BRI).
    • A progressively altering Chinese attitude towards the Kashmir issue started to take shape as early as 2008-09, with issuing stapled visas to Indians residing in J&K and denial of a visa to the Northern Army Commander were signs of it.
    • This support was also witnessed on issues like the Nuclear Suppliers Group (NSG), Pakistan’s involvement in global terrorism and the abrogation of Article 370.

    Pincer approach in Ladakh

    • It is no longer Pakistan seeking Chinese support for its adventurism as much as it is the other way around.
    • The mutuality of interests has increased and military coordination has become a larger part of the overall strategy.
    • China may force further escalation this season depending upon how the world responds to its expansionism.
    • China could also adopt a posture which prepares it, along with Pakistan, towards a future “pincer approach” in Ladakh.
    • Along with Ladakh — Arunachal, Sikkim and the Central Sector are very part of the expanded collusive strategy.
    • But it is Ladakh where the effect is intended most and it is there that the pincer approach may prove more challenging for India.

    Suggestions for India

    • Assuming that confrontation with the Sino-Pak combine is inevitable now or later, one of the ways for India to offset this is to project sufficient capability.
    • The diplomatic and military domains have to play this out effectively.
    • India cannot be seen to be alone or militarily weak.
    • It has tremendous support internationally which must translate into a higher level of strategic support.
    • Militarily, Pakistan should never be able to perceive that it will be allowed to fight as per choice and conceived strategy.
    • China’s success or failure in such adventurism will set the course of its future strategy against its multiple adversaries.
    • That is the psyche which India must exploit to prevent escalation and win this and impending standoffs without fighting.
    • This needs a rapid and all-out national effort with the highest priority accorded to it, including budgeting.

    Conclusion

    India cannot afford to focus only on the northern borders. A firm and full strategy to deal with Pakistan in all contingencies has now become imperative.

  • Concerns over Australia in the Malabar Exercise

    While the idea of inviting Australia to join Malabar is being explored, we must not forget the concerns with it. This article examines such concerns.

    Context

    • India’s Ministry of Defence discussed the issue of adding Australia to the trilateral Malabar naval exercise.
    • If materialised, it will be the first time since 2007 that all members of Quad-India, U.S., Japan and Australia will participate in a joint military drill.

    Possible consequences of the move

    • The Chinese leadership sees the maritime Quadrilateral as an Asian-NATO that seeks only to contain China’s rise.
    •  India’s intention to involve Australia in the Malabar drill could only be construed as a move directed against Beijing.

    India’s perspective

    • Following the stand-off in Ladakh, many Indian analysts believe the time is right for India to shed its traditional defensiveness in the maritime domain.
    • The realists advocate an alliance with the U.S., Japan and Australia to counter Chinese moves in the Indian Ocean.

    Concerns

    1) Contrary message to China

    • While India and China are negotiating a truce, Australia’s participation in the Malabar exercise sends contrary signals to Beijing.
    • If China responded aggressively in the Eastern Indian Ocean, it could needlessly open up a new front in the India-China conflict.

    2) Only modest gains for India

    • U.S. and its Pacific partners want to form a maritime coalition to implement a ‘rules-based order’ in the Indo-Pacific littorals.
    • India’s priority is to acquire strategic capabilities to counter a Chinese naval presence in the Indian Ocean.
    •  Indian Navy is yet to develop the undersea capability to deter Chinese submarines in the eastern Indian Ocean.
    • With U.S. defence companies hesitant to share proprietary technology the gains for India, in exchange for signing up the ‘military-quad’, are modest.
    • Without strategic technology transfers, Indian Navy’s deterrence potential in the Indian Ocean Region (IOR) will not improve much.

    3) Operational issue: India will be drawn into power dynamics of the Asia-Pacific

    • With the strategic contest between the U.S. and China, there is every possibility that the military-Quad will be used to draw India into the security dynamics of the Asia-Pacific.
    • The U.S. would expect its Indo-Pacific partners, including India, to assist the U.S. Navy in its South China Sea endeavour.
    •  The U.S. and Japanese navies have little spare capacity for sustained surveillance and deterrence operations in the IOR.
    • Australia is an exception and is ready and able to partner India in securing the Eastern Indian Ocean.

    4) Timing

    • A balancing coalition must come together at a time when the nature and magnitude of the threat are wholly manifest.
    • But, despite a growing presence in the Indian Ocean, the Chines Navy is yet to physically threaten Indian interests at sea.
    • So, the onus of the first move to precipitate a crisis in the Eastern Indian Ocean lies with the Indian Navy.

    Conclusion

    Upgrading the trilateral Malabar to a quadrilateral, without acquiring the requisite combat and deterrence capability, could yield gains for India in the short term, but would prove ineffective in the long run.

  • What is Plea Bargaining and how does it work?

    Many members of a religious faction belonging to different countries have obtained release from court cases in recent days by means of plea bargaining. They were accused of violating visa conditions by attending a religious congregation in Delhi.

    Try this question for mains:

    Q.What is Plea Bargaining and how does it work? Discuss the rationale behind and benefits in reducing the burden on Judiciary.

    What is Plea Bargaining?

    • Plea bargaining refers to a person charged with a criminal offence negotiating with the prosecution for a lesser punishment than what is provided in law by pleading guilty to a less serious offence.
    • It is common in the US and has been a successful method of avoiding protracted and complicated trials.
    • As a result, conviction rates are significantly high there. It primarily involves pre-trial negotiations between the accused and the prosecutor.
    • It may involve bargaining on the charge or in the quantum of sentence.

    When was it introduced in India?

    • In India, the concept was not part of law until 2006. It was introduced in 2006 as part of a set of amendments to the CrPC as Chapter XXI-A, containing Sections 265A to 265L.
    • There has always been a provision in the Code of Criminal Procedure for an accused to plead ‘guilty’ instead of claiming the right to a full trial, but it is not the same as plea bargaining.
    • The Law Commission of India, in its 142nd Report, mooted the idea of “concessional treatment” of those who plead guilty on their own volition but was careful to underscore that it would not involve any plea bargaining or “haggling” with the prosecution.

    How does it work?

    • Unlike in the U.S. and other countries, where the prosecutor plays a key role the Indian code makes plea bargaining a process that can be initiated only by the accused.
    • Further, the accused will have to apply to the court for invoking the benefit of bargaining.

    In what circumstances is it allowed?

    • Cases for which the practice is allowed are limited.
    • Only someone who has been charge-sheeted for an offence that does not attract the death sentence, life sentence or a prison term above seven years can make use of the scheme under Chapter XXI-A.
    • It is also applicable to private complaints of which a criminal court has taken cognizance.
    • Other categories of cases that cannot be disposed of through plea bargaining are those that involve offences affecting the “socio-economic conditions” of the country or committed against a woman or a child below 14.

    How to avail this?

    • The applicant should approach the court with a petition and affidavit stating that it is a voluntary preference and that he has understood the nature and extent of punishment provided in law for the offence.
    • The court would then issue a notice to the prosecutor and the complainant or victim, if any, for a hearing.
    • The voluntary nature of the application must be ascertained by the judge in an in-camera hearing at which the other side should not be present.
    • Thereafter, the court may permit the prosecutor, the investigating officer and the victim to hold a meeting for a “satisfactory disposition of the case”.
    • The outcome may involve payment of compensation and other expenses to the victim by the accused.

    After approval

    • Once mutual satisfaction is reached, the court shall formalize the arrangement by way of a report signed by all the parties and the presiding officer.
    • The accused may be sentenced to a prison term that is half the minimum period fixed for the offence.
    • If there is no minimum term prescribed, the sentence should run up to one-fourth of the maximum sentence stipulated in the law.

    What is the rationale for the scheme? What are its benefits?

    • The Justice Malimath Committee on reforms of the criminal justice system endorsed the various recommendations of the Law Commission with regard to plea bargaining.
    • Some of the advantages it culled out from earlier reports are that the practice would ensure a speedy trial, end uncertainty over the outcome of criminal cases, save litigation costs and relieve the parties of anxiety.
    • It would also have a dramatic impact on conviction rates.
    • Prolonged incarceration of undertrials without any progress and overcrowding of prisons were also other factors that may be cited in support of reducing pendency of cases and decongesting prisons.
    • Moreover, it may help offenders make a fresh start in life.

    Do courts have reservations?

    • Case law after the introduction of plea bargaining has not developed much as the provision is possibly not used adequately.
    • However, earlier judgments of various courts in cases in which the accused enter a ‘guilty’ plea with a view to getting lesser sentences indicate that the judiciary may have reservations.
    • Some verdicts disapprove of bargaining with offenders, and point out those lenient sentences could be considered as part of the circumstances of the case after a regular trial.
    • Courts are also very particular about the voluntary nature of the exercise, as poverty, ignorance and prosecution pressure should not lead to someone pleading guilty of offences that may not have been committed.

  • Voting right to migrant workers

    A large number of migrant workers cannot vote in their constituency. This assumes significance when we consider that the Supreme Court has interpreted the right to vote as an extension of the fundamental right of the freedom of expression. So,  the ECI should find ways to enable them exercise their right.

    Universal adult franchise: India’s achievement

    • India moved from a restrictive 15 per cent of Indians having limited voting rights to universal adult franchise.
    • Transformative nature of the Indian national movement and the ideals of equality and non-discrimination enshrined in it played a crucial role in it.
    • It was B R Ambedkar’s clarity of vision that resulted in Article 326 of the Constitution.
    • Ambedkar had influenced public opinion on the matter for decades, giving evidence before the Southborough committee.

    Migrant workers: some facts

    • According to the 2011 Census, the number of internal migrants stands at 45 crore.
    • Among these, 26 per cent of the migration, that is, 11.7 crore occurs inter-district within the same state.
    • 12 per cent of the migration, that is, 5.4 crore occurs inter-state.
    • Both official and independent experts admit that this number is underestimated.
    • Circular migration accounts for those migrants who have not permanently relocated to host cities, and instead circulate between host and home cities.
    • Short-term and circular migration could itself amount to 6-6.5 crore.
    • Half of these are inter-state migrants.
    • Migrant labourers mostly hail from most poverty-driven rural areas.
    • They are from among the most marginalised sections SC/STs and OBCs, and other minorities.
    • As of 2011, Uttar Pradesh and Bihar were the largest sources of inter-state migrants, with 83 lakh and 63 lakh migrants respectively.

    Low turnout in the source states

    •  Economic constraints disable a majority of migrant workers from voting as they cannot commute to their home states on the polling day.
    • One survey shows that only 48 per cent of those surveyed voted in the 2009 Lok Sabha elections, when the national average was 59.7 per cent.
    • In the 2019 Lok Sabha polls, major sender states such as Bihar and UP had among the lowest voter turnout rates.

    Inability to satisfy “Ordinary Resident” criteria

    • Given the nature of migration being circular and seasonal, migrants are not permanent/long-term residents in host cities.
    • So, they do not satisfy the requirements of being an “ordinary resident” under Section 20 of the Representation of People Act (RP Act), in the host state, to obtain voter cards.
    • They are, therefore, unable to transfer their constituency.

    Solution: Postal ballot

    • The Election Commission of India has under Section 60(c) of the RP Act the power to notify a certain class of persons to vote via postal ballot.
    • The ECI’s much-proclaimed mission to ensure “no voters are left behind” has resulted in attempts to ensure a secure system of postal ballots.
    • In the 2019 Lok Sabha elections, more than 28 lakh votes were received via postal ballots.
    • The Indian migrant worker should be given the right to vote through a similar system.

    Consider the question “There is scope for increasing the voter turnout in India and enabling the migrant workers to vote could be one of them. Examine the reasons for low voting turnout in India and suggest the measures to improve it.”

    Conclusion

    Securing the migrant workers right to vote will make democracy inclusive, responsible and sensitive to the concerns of those who find it difficult to make their voice heard.

  • Iran ties need quiet diplomacy

    India ties with Iran are significant for more than one reasons. Two countries share cultural bonds, Iran holds a special place when it comes to India’s energy security. Yet, India often finds itself in a difficult position as it tries to walk the tightrope between the U.S. sanction and maintaining the relations with Iran. 

    Context

    • Concerns were raised in India over its exclusion by Iran from the 628 km long rail link between Chabahar and Zahidan.
    • Iran has since clarified that it is not the case and India could join the project at a later stage.
    • It happened just as China and Iran were close to signing a deal on an economic and security partnership.

    Importance of Chabahar and the rail link

    • Chabahar could provide connectivity for Afghanistan through Iran in order to lessen its dependence on Karachi port.
    • This plan has enjoyed support in Delhi, Kabul and Tehran since 2003.
    •  Road and rail links from Chabahar to Zahidan and then 200 km further on to Zaranj in Afghanistan, need to be built.

    Progress on the project

    • Iran was under sanctions during 2005-13, so there was little progress.
    •  Meanwhile, India concentrated on the 220 km road to connect Zaranj to Delaram on the Herat highway, and completed it in 2008.
    • After the sanctions on Iran eased in 2015,  A memorandum of understanding (MoU) was signed with Iran in 2016.
    • This MoU aimed to equip and operate two terminals at the Shahid Beheshti port as part of Phase I of the project.
    • The Trilateral Agreement on Establishment of International Transport and Transit Corridor between Afghanistan, Iran and India was signed.
    • In addition to $85 million of capital investment, India also committed to providing a line of credit of $150 million for port container tracks.
    • Phase I was declared operational in 2018 and India’s wheat shipments to Afghanistan have been using this route.
    • A special economic zone (SEZ) at Chabahar was planned but re-imposition of U.S. sanctions has slowed investments into the SEZ.
    • India was given a waiver from U.S. sanctions to continue cooperation on Chabahar.
    •  Despite the waiver, the project has suffered delays.

    Growing Iran-China relations

    • In 2016, just as sanctions were eased, Chinese President Xi Jinping visited Tehran and proposed a long-term comprehensive, strategic partnership.
    • Iran kept the negotiations going for years because of reluctance to grow too close to China.
    • Meanwhile, tensions in the region have been growing since last year with missile strikes in Saudi Arabia and a U.S. drone strike killing Gen. Qassim Soleimani.
    • As a veto-wielding member, China can help Iran at the UNSC.
    • Even so, the Iran- China comprehensive, strategic partnership road map has run into opposition in the Majlis[Iranian Parliament].

    India’s concerns over Iran-China deal

    • What is alarming for New Delhi is that Beijing is also concluding a security and military partnership with Tehran.
    • Initial reports in Iran have suggested China will deploy 5,000 security personnel to protect its projects in Iran.
    • Some reports suggest Kish Island in the Persian Gulf, located at the mouth of the Strait of Hormuz, maybe “sold” to China.
    • With a growing Chinese presence, India is also concerned about its strategic stakes around the Chabahar port project.

    Way forward for India

    • Though China has a greater capacity to resist U.S. sanctions, Iran realises the advantage of working with India as it enjoys a sanctions waiver from the U.S. for Chabahar.
    • Iran and India also share an antipathy to a Taliban takeover in Afghanistan.
    • This is why Iran would like to keep the door open.
    • Nevertheless, India needs to improve its implementation record of infrastructure projects in its neighbourhood.
    • There are numerous tales of Indian cooperation projects in Nepal, Bangladesh, Sri Lanka, Myanmar, etc suffering delays and cost overruns that only make it easier for China to expand its footprint in India’s neighbourhood.

    Consider the question “India-Iran ties circumscribed by each other’s compulsion and geopolitical constraints. Comment.”

    Conclusion

    India should continue to remain politically engaged with Iran so that there is a better appreciation of each other’s sensitivities and compulsions.

    With inputs from:

    https://indianexpress.com/article/explained/explained-in-china-iran-indias-concerns-6511177/

  • Debate around ‘One-Nation- One-Curriculum’

    The Supreme Court has refused to entertain a plea for a uniform and common curriculum for school students between aged six and 14 across the country rather than have diverse ones such as the CBSE, the ICSE and State Board.

    Practice question for mains:

    Q.Discuss the efficacy of the One-Nation- One-Board System and its limitations.

    Background

    • Schools in India are mainly columned primarily into 4 boards of education, namely CBSE, ICSE and IB (International Baccalaureate).
    • In total, there are 41 boards of education throughout India.
    • These different boards of education have different syllabuses, which creates a knowledge gap among school students.
    • To curate this gap, syllabuses of every board for the Indian schools are being brought at par.

    What was the plea before the Supreme Court?

    • The petition asked considering the setting up of a National Education Council/Commission and following a “one-nation-one-board” system in which the ICSE is merged with the CBSE.
    • It urged a standard textbook with chapters on fundamental rights, duties, directive principles and the golden goals set out in the Preamble.
    • It asked to make the study compulsory for all the children aged 6-14 years throughout the territory of India.

    Why did the court refuse?

    • Uniform curriculum was a “matter of policy” and the judiciary could not “command” the government said the Supreme Court bench.

    Pros of common curriculum

    • The Article 21A of the Constitution has the RTE (Right to Education) Act says that every child in the age of 4 to 16 should be given free and compulsory education.
    • To keep a check on that, a common syllabus throughout the country is required. This will help all the students to be on par with education.
    • With a common syllabus throughout the country, no student will lag behind in education and hence, this will help them prepare better for competitive examinations or admission tests beyond school level for the outside world.
    • Politics, in some cases, influence the education system which is very unfair for the students. Some state boards prefer the admission of students from their own region and willingly keep the seats of colleges and universities occupied for students passing their 12th standard from their state boards.
    • A common syllabus would also mean that there would be no discrimination regarding quality education on the basis of caste, creed, social, religious beliefs or economic backgrounds.
    • It will provide an unbiased ground of learning and development of the young ones, which may turn out to be very beneficial in future.
    • At present, some of the state boards are not updating their syllabus frequently as per the changes in society. This loophole will be eliminated with the introduction of the uniform syllabus in India.

    Limitations

    • Students may miss learning things specific to their region and their culture. This can be a threat to diversity.
    • Current school students might get affected or stressed out on a sudden change of syllabus.
    • An abrupt change in the syllabus may hamper the stability of a student with the academics which will not be a good turn.
    • A new set of the syllabus will bring in more workload on teachers and parents too.

    Conclusion

    • Uniform education system having common syllabus and common curriculum would achieve the code of a common culture, removal of disparity and depletion of discriminatory values in human relations.
    • It would enhance virtues and improve the quality of life, elevate the thoughts, which advance the constitutional philosophy of equal society.
    • Though the government has been trying to put up with equality in education, the barriers have been inevitable to date.
    • A common syllabus seems to be a wise option, but it is yet to be implemented over the entire country.

    With inputs from:

    https://www.groupdiscussionideas.com/common-syllabus-throughout-indian-schools-pros-cons/

  • The Kihoto Hollohan Judgment and its Significance

    The 28 YO Kihoto Hollohan judgment has found its relevance in the case of ousted Rajasthan Dy. CM and some MLAs who were issued a notice under the anti-defection law.

    Try this question from CSP 2019:

    Q.The Ninth Schedule was introduced in the Constitution of India during the prime-ministership of:

    (a) Jawaharlal Nehru

    (b) Lal Bahadur Shastri

    (c) Indira Gandhi

    (d) Morarji Desai

    Under debate: Speaker’s power

    • The power for this disqualification is vested in the Speaker, who is usually a nominee of the ruling party.
    • Since no action was taken by the Speaker on the disqualification petitions, a writ petition was filed before the High Court of Manipur in Imphal seeking directions to decide on the petition.
    • However, the court did not pass an order.
    • It said that the larger issue of whether a High Court can direct a Speaker to decide a disqualification petition within a certain timeframe is pending before a Constitution Bench of the Supreme Court.
    • The parties are left with the option to move the apex court or wait for the outcome of the cases pending before it.

    The Kihoto Hollohan Judgment

    • The 1992 judgment of the Supreme Court in the Kihoto Hollohan versus Zachillu and Others has said that “judicial review cannot be available at a stage prior to the making of a decision by the Speaker/Chairman.
    • Nor would interference be permissible at an interlocutory stage of the proceedings said the Supreme Court.
    • The only exception for any interlocutory interference can be cases of interlocutory disqualifications or suspensions which may have grave, immediate and irreversible repercussions and consequence.

    Free speech

    • The ruling party in Rajasthan has challenged the constitutionality of Paragraph 2(1)(a) of the Tenth Schedule which makes “voluntarily giving up membership of a political party” liable for disqualification.
    • The MLAs have said the provision infringes into their right to express dissent and is a violation of their fundamental right to free speech as a legislator.
    • The Rajasthan HC Bench explained that the reason for limiting the role of courts in ongoing defection proceedings is that the “office of the Speaker is held in the highest respect and esteem in parliamentary traditions.

    Exceptions to the Kihoto Judgment

    • The judgment had said that even the scope of judicial review against an order of a Speaker or Chairman in anti-defection proceedings would be confined to jurisdictional errors.
    • That is if its infirmities are based on a violation of constitutional mandate, mala fides, non-compliance with rules of natural justice and perversity.

    Back2Basics

    https://www.civilsdaily.com/news/explained-anti-defection-law-and-its-evolution/