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GS Paper: Statutory, Regulatory & Various Quasi-Judicial Bodies

  • [2nd October 2024] The Hindu Op-ed: The Waqf Bill 2024 is one that needs review

    PYQ Relevance:

    Q). “The diverse nature of India as a multi-religious and multi-ethnic society is not immune to the impact of radicalism which is seen in her neighborhood? Discuss along with strategies to be adopted to counter this environment. (UPSC CSE 2014)

    Q). What are the challenges to our cultural practices in the name of Secularism? (UPSC CSE 2019)

    Q). Customs and traditions suppress reason leading to obscurantism. Do you agree? (UPSC CSE 2020)

    Q). Are tolerance, assimilation, and pluralism the key elements in the making of an Indian form of secularism? Justify your answer. (UPSC CSE 2022)

    Mentor’s Comment:  Sometimes, the religious sentiments among the public infringes the very particulates of the secular governance. The Waqf (Amendment) Bill 2024 has also sparked same controversy in India, particularly among the Muslim community and various political leaders. Critics argue that the bill threatens the autonomy of Waqf properties, which are religious endowments, by increasing government control and including non-Muslim members in Waqf boards.

    However, the Joint Parliamentary Committee (JPC) reviewing the bill received an overwhelming response from the public, with conflicting reports on the number of suggestions submitted that ranged from 1.25 crore to 5 crore, which prompted some government officials to question the legitimacy of this feedback. In today’s editorial, we will have a look at more extra edges that we need to consider while drafting this new law for the Waqf Boards all over India.

    _

    Let’s learn!

    Why in the News?

    The Waqf (Amendment) Bill 2024 has sparked significant controversy in India, particularly among the Muslim community and various political leaders.

    • The Fundamental Rights enshrined in Part III of the Constitution, prohibits the state from enacting laws that infringe religious rights, declaring any such laws void.
    • However, this freedom is subject to considerations of public order, morality, and health, allowing for state intervention only when necessary to maintain societal harmony.
    What does the Indian Constitution say about Religious freedom?

    • Article 26 guarantees every religious denomination the right to manage its affairs, including the establishment of religious institutions and the ownership of property.
    •  Also, as in Article 13(2), the state is forbidden to make any law that takes away or abridges the rights conferred by this Part, declaring that any law made in contravention of this clause shall be void.

    What are the criticisms faced by the Waqf Bill 2024?

    • Potential Misuse of the Power: The bill proposes 44 amendments to the existing Waqf Act of 1995, including the replacement of Waqf tribunals with District Collectors for property disputes. The opponents labeled this as a politically motivated move to weaken the Muslim community.
    • Threatens the Religious Autonomy: The Religious Endowments Act, of 1863 says that the ‘members of the said committee shall be appointed from among persons professing the religion for religious establishments”. Secondly, the UP’s Sri Kashi Vishwanath Temple Act, 1983 provides that no non-Hindu is eligible to be a member of its management at any level.
      • However, the Minority Affairs Ministry has proposed through the Waqf Bill 2024 that two member seats each in the Central Waqf Council and all the State Waqf Boards be reserved for ‘non-Muslims’.
      • The All India Muslim Personal Law Board (AIMPLB) and other organizations have mobilized against the bill, claiming it undermines constitutional rights and could exacerbate communal tensions
    • Lack of Consultation: The Justice Rajinder Sachar Committee spent 18 months gathering data to draft the Waqf (Amendment) Act 2013, which strengthened the Waqf law in India. Unlike previous committees, the current Ministry did not engage with key stakeholders such as the Central Waqf Council or Muslim organizations before drafting the bill.

    Why the reconstitution of CWC is necessary?

    The Ministry is urged to quickly reconstitute the Central Waqf Council (CWC) according to existing waqf laws to oversee data collection from states. For two years, it needs to monitor state Waqf Boards and manage waqf properties closely that have been hindered so far. The reasons are as follows:

    • Membership Changes: The 2024 Bill proposes reducing Muslim membership in the CWC and State Waqf Boards from 100% to less than 50%, raising concerns about community representation.
    • Legal Concerns: The Bill aims to remove the requirement for CWC officials to be Muslim, contradicting constitutional rights related to religious management.
    • Women’s Representation: Confusion exists over the proposal for female representation in the CWC, which was already established in a previous amendment.
    • Re-registration Requirement: Existing waqfs must re-register under a new government-controlled portal, risking legal rights for those who fail to comply.
    • Removal of Donor’s Will: The Bill proposes discontinuing the mandatory implementation of the donor’s will, compromising existing waqf governance.

    Way Forward: The Waqf (Amendment) Bill 2024 represents a significant shift in the governance and management of Waqf properties in India. As the Bill undergoes review, stakeholders must ensure that it balances the need for reform with the preservation of community rights and interests, fostering a system that genuinely serves its intended religious and charitable purposes.

    https://www.thehindu.com/opinion/lead/the-waqf-bill-2024-is-one-that-needs-review/article68706813.ece

  • [pib] National Human Rights Commission (NHRC)

    Why in the News?

    The NHRC India has taken suo motu cognizance of the two alleged incidents of food poisoning related deaths in an orphanage in Andhra Pradesh.

    About National Human Rights Commission (NHRC)

    Details
    Establishment As a Statutory Body and established under the Protection of Human Rights Act, 1993.
    Functions
    • Inquire into any violation of human rights
    • Recommend immediate interim relief to victims or their families
    • Intervene in court proceedings involving human rights violations
    • Review constitutional and legal safeguards for human rights
    • Study international instruments on human rights
    • Support the efforts of NGOs working in the field of human rights
    Powers
    • Regulate its own procedure
    • Possess all the powers of a civil court
    • Proceedings have a judicial character
    • May take any of the following steps upon the completion of an inquiry:
      • To recommend to the concerned government or authority to make payment of compensation or damages to the victim.
      • To recommend to the concerned government/authority the initiation of proceedings for prosecution or any other action against the guilty public servant.
      • To recommend to the concerned government/authority for the grant of immediate interim relief to the victim.
      • To approach the SC or the HC concerned for the necessary directions, orders, or writs.
    Chairperson
    • Must be a former Justice of the Supreme Court or CJI(appointed by the President of India)
    Members Four full-time members;

    • Chairperson: former Supreme Court Justice or Chief Justice;
    • Other Member: former Judge of the Supreme Court;
    • Other Member: former Chief Justice of a High Court;
    • Three Members: with knowledge or experience in human rights, including at least one woman –
      • Seven ex-officio members:  Chairpersons of National Commissions viz., National Commission for Scheduled Castes, National Commission for Scheduled Tribes, National Commission for Women , National Commission for Minorities, National Commission for Backward Classes, National Commission for Protection of Child Rights; and the Chief Commissioner for Persons with Disabilities.
    Appointment
    • Appointed by the President based on a committee recommendation including the Prime Minister, Speaker of Lok Sabha, Home Minister, Leaders of the Opposition in Lok Sabha and Rajya Sabha, and others
    • Consultation with the Chief Justice of India for judicial appointments
    Removal
    • By order of the President of India
    • Consultation with the Supreme Court before removal
    Terms of Office
    • Hold office for a term of three years or until the age of 70
    • Ineligibility for further government employment after office
    • Eligible for reappointment
    Salaries
    • Determined by the Central government
    Reporting
    • Submits annual or special reports to the Central government and the concerned State government
    • Reports laid before the respective legislatures, along with a memorandum of action taken on the recommendations and reasons for non-acceptance of any recommendations
    Limitations
    • The commission is not empowered to inquire into any matter after the expiry of one year from the date on which the act constituting the violation of human rights is alleged to have been committed
    • Functions are recommendatory in nature, with no power to punish or award relief to violators
    • Limited role concerning armed forces violations

     

    PYQ:

    [2011] Consider the following:

    1. Right to education.
    2. Right to equal access to public service.
    3. Right to food.

    Which of the above is/are Human Right/Rights under “Universal Declaration of Human Rights”?

    (a) 1 only

    (b) 1 and 2 only

    (c) 3 only

    (d) 1, 2 and 3

  • On the allegations against the SEBI chief      

    Why in the News?

    Hindenburg Research has alleged SEBI Chairperson Madhabi Puri Buch and her husband held stakes in Adani-linked offshore funds, implying bias in SEBI’s Adani investigation.

    Accusations Against SEBI Chairman Madhabi Puri Buch 

    • Hindenburg Research has accused SEBI Chairman Madhabi Puri Buch of conflicts of interest related to offshore funds tied to the Adani Group, financial opacity regarding a consulting firm transferred to her husband, and potential favoritism towards Blackstone, where her husband is a senior advisor. 

    Status of the Ongoing Investigation by SEBI

    • Supreme Court Oversight: The Supreme Court has directed SEBI to investigate the allegations made by Hindenburg Research.
    • Show Cause Notice by SEBI: In June 2024, SEBI issued a show cause notice to Hindenburg Research, indicating that the regulator is actively pursuing the matter.

    About SEBI’s Code on Conflict of Interest:

    According to SEBI’s Code on Conflict of Interest, board members, including the Chairperson, are prohibited from holding any other office of profit or engaging in professional activities that involve receiving a salary or professional fees.It can constitute a number of different things that need to be disclosed by the concerned board member:

    • Certain transactions in shares: The Code says that a member must disclose their, and their family’s (spouse, dependent children below 18 years of age) holdings within 15 days of the assumption of Office, and annually update this disclosure.
    • Outside private activities: SEBI board members are not allowed to hold any other ‘office of profit’.
    • Acceptance of gifts: Board members are not allowed to accept “any gift (whose value exceeds Rs 1,000) by whatever name called, to the extent possible, from a regulated entity”. If they do, they have to hand it over to the General Services Department of the SEBI.
    • Miscellaneous: Members are bound to disclose “any post, other employment or fiduciary position” which they hold or have held in the past five years, in connection with any regulated entity.

    Way forward: 

    • Enhance stricter disclosure requirements:  SEBI should implement stricter disclosure requirements for all board members, including the Chairperson, ensuring transparency about their financial interests, past affiliations, and potential conflicts.
    • Establishing an Independent Ethics Committee: An independent ethics committee should be created to oversee and review any potential conflicts of interest involving SEBI board members.

    Mains PYQ: 

    Q In the light of Satyam Scandal (2009), discuss the changes brought in the corporate governance to ensure transparency and accountability. (2015)

  • In new: Mekedatu Project

    Why in the News?

    Karnataka CM has offered to discuss with Tamil Nadu, the implementation of Mekedatu Project across River Cauvery.

    About Mekedatu Project

    • Mekedatu is a location along Kaveri in the border of Chamarajanagar and Ramanagara Districts in Karnataka.
    • Karnataka intends to build a reservoir across River Cauvery near Mekedatu.
    • The dam is proposed to have a capacity of 48 TMC feet (thousand million cubic) and is estimated to cost Rs 6,000 crore.
    • It was first proposed in 2003 with an intention:
      • To use the water for a hydro power station (400 MW) and
      • Supply drinking water to Bengaluru city.
    • At Mekedatu, the Kaveri runs through a deep, narrow ravine of hard granite rock.

    Tamil Nadu’s concerns over the Project

    • Tamil Nadu has all along strongly opposed the project and approached the Supreme Court as well.
    • Its argument is that any dam proposal by upper riparian states in the Cauvery basin would deprive the state’s delta farmers of their rightful share of water as per the top court verdict.
    • Tamil Nadu contends that the proposed dam violates the final award of the Cauvery Water Disputes Tribunal, which determined the water-sharing arrangements between the two states.

    About Cauvery River

    • The Cauvery River, also spelled as ‘Kaveri’ and known as ‘Ponni’ in Tamil, originates from Talakaveri in the Brahmagiri range located in Karnataka’s Kodagu district.
    • It spans approximately 800 km, traversing through the states of Karnataka and Tamil Nadu, until it eventually discharges in the Bay of Bengal.
    • The river’s catchment area covers regions in Tamil Nadu, Kerala, Karnataka, and the Union Territory of Pondicherry.
    • Key tributaries that join the Cauvery include Harangi, Hemavati, Kabini, Suvarnavathi, and Bhavani.
    • Cauvery remains perennial due to its dual reliance on both advancing and retreating monsoons for rainfall.

    Justifications and proposals by Karnataka

    • Ensuring adequate flow to TN: Karnataka argues that the construction of the Mekedatu dam will not hinder the stipulated quantum of water release to Tamil Nadu nor be utilized for irrigation purposes.
    • Allocation of funds and willingness to negotiate: The Karnataka government has earmarked Rs 1,000 crore for the project, indicating its commitment. It also expresses willingness to engage in discussions and negotiations with Tamil Nadu to address concerns and find a resolution.
    • Clearance of feasibility study: The Central Water Commission cleared a feasibility study for the Mekedatu project in 2018, providing additional support for Karnataka’s justifications and indicating the project’s viability.

    PYQ:

    [2016] Recently, linking of which of the following rivers was undertaken?

    (a) Cauvery and Tungabhadra

    (b) Godavari and Krishna

    (c) Mahanadi and Sone

    (d) Narmada and Tapti

  • [pib] National Commission for Minorities (NCM)

    Why in the News?

    The National Commission for Minorities (NCM) has advised State Governments/UTs to conduct “Sarv Dharma Meetings”.

    Advisory on “Sarv Dharma Meetings”

    • NCM advised State Governments/UTs to conduct “Sarv Dharma Meetings”:
    1. At Sub-divisional level of States monthly.
    2. At District level half-yearly.
    • It is aimed at curbing attacks and hate crimes against minority communities to prevent communal disharmony.
    • NCM emphasized that hate crimes stem from mental weakness and anger, highlighting citizens’ rights to practice and preach their religion freely.

    Responsibilities and Recommendations

    • Citizens and society urged to disown and condemn hate crimes.
    • Advocated for punitive actions by authorities against anti-social elements.
    • Proposed mechanisms involving civic society to deter anti-social and anti-national forces and prevent societal violence.

     

    About National Commission for Minorities (NCM)

    • It is a statutory body formed on the basis of National Commission for Minorities Act, 1992 and replaced an earlier body called Minorities Commission.
    • The Commission consists of a total of 7 persons to be nominated by the Central Government from amongst persons of eminence, ability and integrity.
    • It consists of a Chairperson, a Vice- Chairperson and 5 Members.
    • Each Member holds office for a period of 3 years from the date of assumption of office.

    Functions of NCM:

    1. Evaluate minority development progress.
    2. Monitor constitutional and legal safeguards.
    3. Recommend effective safeguard implementation.
    4. Address complaints regarding deprivation of rights.
    5. Conduct studies on discrimination and recommend measures.
    6. Research socio-economic and educational development.
    7. Suggest measures to Central or State Governments.
    8. Make periodical or special reports to the Central Government.
    9. Address any matter referred by the Central Government.

    Powers of NCM:

    1. Summon and enforce attendance of any person from India.
    2. Require discovery and production of documents.
    3. Receive evidence on affidavit.
    4. Requisition public records from courts or offices.
    5. Issue commissions for examining witnesses and documents.

    Who are Minorities?

    • The Central has notified minority communities at the national level in consultation with various stakeholders under Section 2 (c) of the National Commission for Minorities (NCM), Act, 1992.
    • The six communities notified as minority communities under Section 2(c) of the NCM Act are Christians, Sikhs, Muslims, Buddhists, Parsis, and Jains.
      • Jains were notified as minority community in January 2014.
    • Notification of any community-specific to a State as a minority community within a State comes under the purview of the respective State.

    Total Minority Population in India as per 2011 Census: 

    19.3% of the total population (Muslims: 14.2%; Christians: 2.3%; Sikhs: 1.7%; Buddhists: 0.7%; Jains: 0.4%; Parsis: 0.006%)

    Rights & Safeguards for Minorities:

    Under Fundamental Rights (Part III of the Indian Constitution):

    1. Article 29(1): Right to conserve distinct language, script, or culture.
    2. Article 30(1): Right to establish and administer educational institutions.
    3. Article 30(2): Freedom from discrimination in receiving state aid.

    Under Official Language (Part XVII of the Indian Constitution):

    1. Article 347: Rights for language spoken by any section of the population.
    2. Article 350A: Instruction in mother tongue.
    3. Article 350B: Special officer for linguistic minorities.

    Sachar Committee Report (2006):

    Constitution Date: 9 March 2005

    Key Recommendations:

    • Create a National Data Bank (NDB) for socio-religious data.
    • Establish an Equal Opportunity Commission.
    • Provide incentives for a ‘diversity index.’
    • Ensure high-quality education for children aged 0-14.
    • Set up government schools in Muslim-concentrated areas.
    • Increase Muslim employment share in public-facing jobs.
    • Enact state laws for minority representation.
    • Support initiatives in Muslim-concentrated occupations.
    • Improve minority participation in commercial banks.
    • Focus on inclusive development while respecting diversity.

     

    PYQ:

    [2011] In India, if a religious sect/community is given the status of a national minority, what special advantages it is entitled to?

    1. It can establish and administer exclusive educational institutions.
    2. The President of India automatically nominates a representative of the community to Lok Sabha.
    3. It can derive benefits from the Prime Minister’s 15-Point Programme.

    Which of the statements given above is/are correct?

    (a) 1 only
    (b) 2 and 3 only
    (c) 1 and 3 only
    (d) 1, 2 and 3

  • Finance Commission and Indian Cities

    Why in the news? 

    With the new Lok Sabha and Union government in place, this final piece focuses on how the 16th Finance Commission can drive substantive public finance reforms for India’s cities.

    Note: The Sixteenth Finance Commission has been requested to make its recommendations available by October 31, 2025, covering an award period of 5 years commencing 1st April, 2026.

    16th Finance Commission can catalyse municipal-level financial reforms     

    • Strengthening State Finance Commissions: The Commission should emphasize the need for state governments to constitute state finance commissions on time, provide them with adequate resources, and ensure their recommendations are taken seriously.
    • Fiscal Decentralization: The 16th FC should recommend a formula-based approach for predictable fiscal transfers from state governments to municipalities, moving away from the current practice of ad hoc, discretionary grants. This will enhance the financial autonomy of urban local bodies.
    • Revenue Optimization: The Commission should incentivize municipalities to enhance their own revenues through measures like property tax reforms, user charges, and leveraging land assets. This will reduce their dependence on state grants and promote fiscal responsibility.
    • Fiscal Responsibility and Budget Management: The 16th FC can provide incentives for municipalities to adopt fiscal responsibility and budget management frameworks to accelerate municipal borrowings for infrastructure development. This will enable cities to access capital markets for financing their growth.
    • Transparency and Citizen Participation: The 16th FC can encourage municipalities to enhance transparency and citizen participation in urban governance for improved accountability at the neighbourhood level. This will make urban local bodies more responsive to the needs of citizens.

    Need for the Reforms

    • Inadequate Funding and Resource Utilization: Indian cities face significant financial shortfalls and struggle to effectively utilize the funds they have, leading to underdeveloped infrastructure and services.
    • Lack of Accountability: There is minimal accountability regarding how municipal spending improves citizens’ lives, resulting in inefficient use of resources and unmet public needs.
    • Fiscal Decentralization: Cities need predictable fiscal transfers for effective planning, but state governments often delay constituting State Finance Commissions (SFCs) and implementing their recommendations.
    • Revenue Optimization: Cities underutilize their revenue-generating powers due to outdated valuation processes controlled by state governments. Comprehensive reforms are needed at all stages of revenue collection.
    • Transparency and Fiscal Responsibility: The legal framework for financial accounting, reporting, and budgeting is inconsistent across states. Standardized formats, mandatory accounting standards, and management accounting systems are necessary to improve transparency and fiscal responsibility.

    Activities by State Governments

    • Timely Constitution and Implementation of State Finance Commissions: State governments must ensure the timely establishment and effective implementation of SFC recommendations to support fiscal decentralization and provide predictable funding to cities.
    • Updating Valuation Processes: States should regularly update guidance values or circle rates to reflect current market values, enabling cities to optimize revenue collection and ensure financial sustainability.
    • Enhancing Legal and Institutional Frameworks: States should establish and enforce standardized formats for financial accounting, reporting, and budgeting to ensure consistency, transparency, and comparability across municipalities.
    • Empowering Local Governments: States should delegate reasonable expenditure authority to city councils, reducing dependency on state-level approvals and enabling more efficient and responsive local governance.
    • Mandating Transparency and Citizen Participation: States should mandate public disclosure of municipal financial data and project details in machine-readable formats and support the implementation of participatory budgeting to enhance transparency and citizen involvement in governance.

    Conclusion: The 16th Finance Commission can drive critical municipal-level financial reforms by strengthening state finance commissions, promoting fiscal decentralization, optimizing revenues, enhancing fiscal responsibility, and encouraging transparency and citizen participation in governance.

    Mains PYQ:

    Q How is the Finance Commission of India constituted? What do you know about the terms of reference of the recently constituted Finance Commission? Discuss. (15) (UPSC IAS/2018)

  • NHRC Notice to Centre on Worker Rights Violation in Haryana

    Why in the News?

    • The National Human Right Commission (NHRC) issued notice to the Centre over reports from a Amazon company’s warehouse in Haryana’s Manesar.
      • Employees were allegedly forced to pledge not to take toilet or water breaks until unloading six trucks post 30-minute tea break.

    NHRC’s Observations and Actions

    • NHRC views this as a serious human rights violation, potentially breaching labour laws and Ministry guidelines.
    • Notice was issued to the Secretary, Union Ministry of Labour and Employment for a detailed report within a week.

    About National Human Rights Commission (NHRC)

    Details
    Establishment
    • A Statutory Body;
    • Established under the Protection of Human Rights Act, 1993.
    Functions
    • Inquire into any violation of human rights
    • Recommend immediate interim relief to victims or their families
    • Intervene in court proceedings involving human rights violations
    • Review constitutional and legal safeguards for human rights
    • Study international instruments on human rights
    • Promote human rights literacy
    • Support the efforts of NGOs working in the field of human rights
    Powers
    • Regulate its own procedure
    • Possess all the powers of a civil court
    • Proceedings have a judicial character
    Chairperson
    • Must be a former Justice of the Supreme Court or Chief Justice of the Supreme Court
    • Appointed by the President of India
    Members Four full-time members;

    • Chairperson: former Supreme Court Justice or Chief Justice;
    • Other Member: former Judge of the Supreme Court;
    • Other Member: former Chief Justice of a High Court;
    • Three Members: with knowledge or experience in human rights, including at least one woman –

    Seven ex-officio members:  Chairpersons of National Commissions viz., National Commission for Scheduled Castes, National Commission for Scheduled Tribes, National Commission for Women , National Commission for Minorities, National Commission for Backward Classes, National Commission for Protection of Child Rights; and the Chief Commissioner for Persons with Disabilities.
    Appointment
    • Appointed by the President, based on a committee recommendation including the Prime Minister, Speaker of Lok Sabha, Home Minister, Leaders of the Opposition in Lok Sabha and Rajya Sabha, and others
    • Consultation with the Chief Justice of India for judicial appointments
    Removal
    • Removal by order of the President of India
    • Consultation with the Supreme Court before removal
    Terms of Office
    • Hold office for a term of three years or until the age of 70
    • Ineligibility for further government employment after office
    • Eligible for reappointment
    Salaries Determined by the Central government
    Reporting
    • Submits annual or special reports to the Central government and the concerned State government
    • Reports laid before the respective legislatures, along with a memorandum of action taken on the recommendations and reasons for non-acceptance of any recommendations
    Limitations
    • The commission is not empowered to inquire into any matter after the expiry of one year from the date on which the act constituting the violation of human rights is alleged to have been committed
    • Functions are recommendatory in nature, with no power to punish or award relief to violators
    • Limited role concerning armed forces violations

    Government Initiatives for Worker Welfare in India:

    Description
    Constitutional Framework Labour falls under the Concurrent List, allowing both Central and State governments to enact laws.

    Articles 14, 16, and 39(c) ensure equality and welfare principles.
    Judicial Interpretation under Randhir Singh vs Union of India (1982) Upholds ‘Equal pay for Equal work’ through constitutional articles, promoting fairness in employment.
    Legislative Framework Introduction of 4 labour codes:

    • Code of Wages, 2019: Standardizes wage payments across sectors.
    • Industrial Relations Code, 2020: Consolidates laws related to industrial disputes and trade unions.
    • Social Security Code, 2020: Expands social security benefits coverage for workers.
    • Occupational Safety, Health and Working Conditions Code, 2020:  Ensures safety and welfare standards in workplaces.
    “Shramev Jayate” Initiative Launched in 2014 to maximize benefits for workers through enhanced welfare initiatives.
    Maternity Benefit Amendment Act, 2017 Increases paid maternity leave from 12 to 26 weeks, supporting maternal health and childcare.

    PYQ:

    [2015] “Success of ‘Make in India’ programme depends on the success of ‘Skill India’ programme and radical labour reforms.” Discuss with logical arguments.

    [2011] Consider the following:

    1. Right to education.
    2. Right to equal access to public service.
    3. Right to food.

    Which of the above is/are Human Right/Rights under “Universal Declaration of Human Rights”?

    (a) 1 only

    (b) 1 and 2 only

    (c) 3 only

    (d) 1, 2 and 3

  • CIC upholds decision of Rashtrapati Bhavan on RTI query

    Why in the News? 

    • The Central Information Commission (CIC) upheld Rashtrapati Bhavan’s response to an RTI query regarding the number of times former President Kovind returned decisions by the Prime Minister/Union Council of Ministers for reconsideration.
      • The President’s Secretariat stated that no information was available on record regarding such returns.

    Back2Basics: Right to Information (RTI)

    • The RTI Act of 2005 grants Indian citizens the right to access government-held information, with exceptions.
    • Its goal is to enhance transparency and accountability in public authorities.
    • This Act replaced the earlier Freedom of Information Act of 2002.
    • RTI aligns with Freedom of Speech and Expression (Article 19) in India’s Constitution.

    About Central Information Commission (CIC)

    Details
    Establishment Set up under the Section 12 of the Right to Information Act, 2005.
    Function
    • Oversees implementation of RTI Act in Central Government and Union Territories.
    • Resolves complaints and decides appeals related to the Act.
    Headquarters New Delhi
    Composition
    • Chief Information Commissioner (CIC)
    • Up to 10 Information Commissioners (IC), (appointed by President on recommendation of PM-led Committee consisting Leader of Opposition and Cabinet Ministers.)
    Qualifications CIC and IC must be persons of eminence in public life with wide knowledge and experience in: Law, Science and Technology, Social Service, Management, Journalism, Mass Media, Administration, and Governance.

    NON-ELIGIBLITY: Members of Parliament or Legislature of any State or Union Territory, hold any office of profit, be connected with any political party, or carry on any business or profession.
    Tenure
    • CIC and IC hold office for such term as prescribed by Central Government or until they attain age of 65 years, whichever is earlier.
    • NO Reappointment.
    • IC can be appointed as Chief Information Commissioner, but total tenure including term as IC should not exceed 5 years.
    Removal
    • President can remove CIC or IC on grounds like insolvency, conviction for moral turpitude, engaging in another office of profit, etc.
    • Removal for misbehaviour requires Supreme Court enquiry and recommendation.
    Salary & Conditions Salary, allowances, and service conditions determined by Central Government, cannot be varied to their disadvantage during service (After RTI Amendment Act,2019)
    How RTI amendment, 2019 has changed CIC?
    • Before the 2019 amendment to the RTI Act, ICs at the CIC held a 5-year fixed term and were considered equal in status to the Chief Election Commissioner and Supreme Court judges.
    • The 2019 amendments granted the Centre the power to alter these terms at its discretion.
    Functions
    • Receives and inquires into complaints related to RTI Act violations, including non-appointment of Public Information Officer, refusal or delay in information, unreasonable fees, incomplete or false information.
    • Submits annual report on Act’s implementation to Central Government, presented to Parliament.
    Powers
    • Can suo-moto order inquiries, summon persons, enforce oaths, access and inspect documents, receive evidence on affidavit, requisition public records, summon witnesses, and enforce compliance of decisions.
    • Can direct public authorities on information access, officer appointments, record management, training, and impose penalties or compensation for non-compliance.

     

    PYQ:

    [2018] The Right to Information Act is not all about citizens’ empowerment alone, it essentially redefines the concept of accountability. Discuss. (150 words)

    [2019] There is a view that the Officials Secrets Act is an obstacle to the implementation of RTI Act. Do you agree with the view? Discuss.

    [2020] “Recent amendments to the Right to Information Act will have a profound impact on the autonomy and independence of the Information Commission”. Discuss.

  • Supreme Court upholds ICAI Rule on Tax Audit Assignments

    Why in the News?

    • The Supreme Court upheld a rule issued by the Institute of Chartered Accountants of India (ICAI) that limits Chartered Accountants to accepting no more than 60 tax audit assignments in a financial year.
      • The court found that the rule does NOT violate the fundamental right to practice a profession under Article 19(1) (g) of the Constitution (apart from also being violative of the right to equality under Article 14).

    Tax Audit Regime: A Quick Backgrounder

    • The mandatory tax audit regime was initiated in 1984 with Section 44AB in the Income Tax Act, of 1961 which required certain businesses and professionals to get their accounts audited.
      • Tax Audit aims to ensure compliance with the provisions of the Income Tax Act, 1961, and detect and prevent tax evasion and fraud.
    • In 1988, the ICAI limited Chartered Accountants to a specified number of tax audit assignments to ensure quality and reduce the risk of misconduct.
    • This limit was part of the guidelines issued in 2008, which replaced previous notifications and were challenged in various High Courts.

    About the Institute of Chartered Accountants of India (ICAI):

    Details
    Establishment The Institute of Chartered Accountants of India (ICAI) is a statutory body established by an Act of Parliament, viz. The Chartered Accountants Act, 1949.
    Regulatory Body The second largest professional body of chartered accountants in the world after the American Institute of Certified Public Accountants (AICPA).

    Only licensing authority for chartered accountants in India
    Headquarters New Delhi, India, with 5 regional offices and 163 branches across the country.
    Functions Regulates education, training, and examinations for Chartered Accountants. Formulates accounting and auditing standards.
    Membership Granted to individuals who complete prescribed education and training and pass final examinations.
    Powers of ICAI
    • Involves theoretical education and practical training under a practising Chartered Accountant.
    • Conducted at Foundation, Intermediate, and Final levels, held twice a year in May and November.
    • Formulates Accounting Standards (AS), Auditing Standards (SA), and other guidance notes.
    • Investigates complaints of professional misconduct against members and takes disciplinary actions.
    International Affiliations Member of international accounting bodies including-

    1. International Federation of Accountants (IFAC),
    2. Confederation of Asian and Pacific Accountants (CAPA), and
    3. South Asian Federation of Accountants (SAFA).

     

    PYQ:

    [2018] With reference to India’s decision to levy an equalization tax of 6% on online advertisement services offered by non- resident entities, which of the following statements is/are correct?

    1. It is introduced as a part of the Income Tax Act.
    2. Non-resident entities that offer advertisement services in India can claim a tax credit in their home country under the “Double Taxation Avoidance Agreements”.

    Select the correct answer using the codes given below:

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

  • SC to reconsider its 1995 judgement to include the medical profession under the Consumer Protection Act

    Why in the news?

    Recently, the apex court held that lawyers as ‘professionals’ could not be subjected to legal proceedings for providing faulty ‘service’ under the Consumer Protection Act 2019 (CPA). A similar case applies to Medical practitioners which is in high controversy.

    What is the Consumer Protection Act (CPA)?

    •  
    Consumer Protection Act, 1986 Consumer Protection Act, 2019
    Purpose Enacted to provide simpler and quicker access to redressal of consumer grievances. Repeals and replaces the CPA, 1986.
    Introduction of Concept Introduced the concept of ‘consumer’ and conferred additional rights on consumers. Expands the scope of the definition of ‘consumer’ to include transactions conducted offline or online through electronic means, teleshopping, direct selling, or multi-level marketing.
    Scope of Protection Protects individuals fitting the definition of ‘consumer’ as defined by the Act. Extends protection to a wider range of transactions, including those related to banking, insurance, transport, housing construction, entertainment, amusement, etc.

    About the previous case – Indian Medical Association vs V P Shantha (1995):

    • In 1995, a three-judge bench of the SC ruled, “Doctors would be covered under the consumer protection law, allowing the filing of several medical negligence lawsuits against doctors for deficiency in service”.
    • The court also acknowledged that medical professional occupations are often “skilled” work which differs from other occupations and the success usually depends on factors that are beyond the doctor’s control.

    Diversity of present Opinions:

    • What did the National Consumer Disputes Redressal (NCDR) Commission say?
        • In 2007, the NCDR Commission held that lawyers provide a service to their clients and hence they can be sued for deficiency of service.
        • This case ultimately reached the apex court where the judgement was passed recently.
    • What did the Apex court say?
      • The court said that the objective principle of the CPA 2019 was to protect consumers from unfair trade practices and unethical business practices (the law was not intended to include professionals).
      • The court noted that the legal profession is unique and cannot be compared with any other profession.
      • According to the SC, hiring or availing of an advocate is “a contract of personal service” and is therefore exempted from the scope of the consumer protection law.

    About the Consumer Redressal Commissions in India:

    • Legal proceedings under the CPA are heard by the Commissions which are constituted at all the 3 tier- District, State, and National levels (According to the CPA, 1986).
      • The President of each Commission would be a person who was/ is qualified to be a judge at the District, High Court, and Supreme Court resp.
      • The other individuals who have the knowledge, experience, or capacity to deal with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration.
      • Since there is no requirement for commission members to have knowledge in medical matters, they are not suited to deal with complex medical issues.
    • In 2024, another SC bench appeared to be more sympathetic to the medical practitioners and held that these professionals should not be held to the same standard as other occupations.

    Why does the Apex Court not Exempt Medical Profession from the Purview of CPA?

    • Firstly, doctors have specific duties to their patients, such as deciding on treatment and its administration.
    • Secondly, if a doctor breaches these duties by failing to provide a reasonable standard of care, they can be held liable under the CPA.
    • Additionally, the court believes requiring commission members to have case-specific knowledge would be impractical and burdensome.

    Conclusion: This decision aims to prevent potential imbalances between District and State Commissions in handling cases and places the responsibility on parties to provide evidence for informed decisions.