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

  • Candid notes on the NHRC’s status deferral

    Why in the News?

    The National Human Rights Commission of India (NHRC) was formally informed late last week that the deferral of its status would continue for a year more.

    • The deferral was put in place by the Sub-committee on Accreditation (SCA) of the Global Alliance of National Human Rights Institutions (GANHRI) for a year, in 2023.

    About the National Human Rights Commission of India (NHRC)

      • The NHRC is a statutory body established under the Protection of Human Rights Act, of 1993.
      • It is mandated to promote and protect Human Rights in India, investigate complaints of human rights violations, and take serious cognizance of human rights issues.
      • The NHRC plays a crucial role in ensuring accountability and justice for victims of Human Rights abuses.
    • It’s Deferral status:
      • The deferral of NHRC’s status means that its accreditation is temporarily postponed, pending improvements in its compliance with the Paris Principles.
      • The Global Alliance of National Human Rights Institutions (GANHRI) accredits National Human Rights Institutions (NHRIs) based on compliance with the Paris Principles, a set of international standards for NHRIs.

    About Global Alliance of National Human Rights Institutions (GANHRI):

    • The GANHRI is an international network that brings together National Human Rights Institutions (NHRIs) from around the world.
    • It was established in 1993 as the International Coordinating Committee (ICC) of National Institutions for the Promotion and Protection of Human Rights.
    • In 2009, it was renamed GANHRI to better reflect its global scope and mission.

    How Indian NHRC is drifting away from the Paris Principles?

    • Ideological Conflict: The mention of the ‘Manusmriti’ in the NHRC document sparked outrage among historically disadvantaged communities, who view it as a source of discrimination and violence they have endured during ancient times.
      • The foundational values of ‘Equality’ in the Indian Constitution and Paris Principles conflict with Manusmriti’s ‘caste-division’ principles.
      • In early 2017 also the NHRC was placed in the deferral category by the GANHRI, which was later lifted after a review.
    • Significance of ‘A’ Status: NHRC had emphasized the significance of ‘A’ status accreditation in its public note on a previous occasion.
      • ‘A’ status grants participation in the work and mechanisms of GANHRI, the Human Rights Council, and other UN mechanisms.

    Way forward:

    • Comprehensive Review: Conduct a thorough review of NHRC’s policies, practices, and organizational structure to identify areas of improvement and address deficiencies.
    • Strengthen Compliance: Need to take proactive measures to ensure compliance with the Paris Principles, including enhancing autonomy, independence, and effectiveness in addressing human rights violations.

    Mains PYQ:

    Q Though the Human Rights Commissions have contributed immensely to the protection of human rights in India, yet they have failed to assert themselves against the mighty. Analysing their structural and practical limitations, suggest remedial measures. (UPSC IAS/2021)

  • In news: National Human Rights Commission’s (NHRC) Accreditation 

    Why in the news?

    • The National Human Rights Commission (NHRC) is gearing up to defend India’s human rights processes at a critical meeting of Global Alliance of National Human Rights Institutions (GANHRI) in Geneva.
    • A decision on retaining India’s NHRC’s “A status” accreditation is imminent at this summit.

    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

     

    GANHRI Concerns about India’s NHRC

    India’s NHRC faced a potential downgrade in its accreditation status in 2023 due to concerns raised by the SCA regarding its operational independence and composition.

    • Political Interference: The NHRC-India faced objections related to political interference in appointments, compromising its independence.
    • Police Involvement: Involving the police in probes into human rights violations raised concerns about impartiality and fair investigations.
    • Lack of Cooperation: The NHRC’s poor cooperation with civil society was criticized, hindering its effectiveness in protecting human rights.
    • Lack of Diversity: The GANHRI highlighted the lack of diversity in staff and leadership positions within the NHRC. There is also lack of gender and minority representation.
    • Insufficient Protection of Marginalized Groups: The NHRC was found to have taken insufficient action to protect marginalized groups, contrary to the U.N.’s principles on national institutions (the ‘Paris Principles).

    Back2Basics: GANHRI (Global Alliance of National Human Rights Institutions)
    Purpose Promote and protect human rights globally
    Year Established 1993
    Headquarters Geneva, Switzerland
    Members National Human Rights Institutions (NHRIs) from 114 member institutions
    Key Functions
    • Promoting and strengthening NHRIs worldwide
    • Advocating for human rights at national, regional, and global levels
    • Facilitating cooperation and sharing of best practices among NHRIs
    • Providing capacity-building support to NHRIs etc.
    Organizational Structure
    • President: Elected from GANHRI members for a specified term
    • Bureau: Assists the President in overseeing GANHRI’s work
    • Sub-Committees: Focused on specific thematic or regional issues
    Key Documents
    • Paris Principles: Provide guidance for the establishment and operation of NHRIs
    • GANHRI Strategy: Outlines the organization’s strategic objectives and actions
    Sub-Committee on Accreditation (SCA)
    • Part of a five-year peer evaluation cycle for all 114 member institutions of GANHRI.
    • Accreditation status holds significance as it determines its voting rights at international human rights forums.

     

    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

  • [pib] Competition Commission of India (CCI)  

    Why in the news?

    The Competition Commission of India (CCI) invites proposals for conducting a Market Study on Artificial Intelligence (AI) and its impact on competition.

    About Competition Commission of India (CCI)

    • The CCI is a statutory body established under the Competition Act, 2002 by the Vajpayee government.
    • It aims to promote and sustain competition, protect consumer interests, and ensure freedom of trade.
    • The commission operates as a quasi-judicial body, providing opinions to statutory authorities and adjudicating cases.
    • Evolution of CCI:
      • Established in response to the need for promoting competition and private enterprise, especially after India’s economic liberalization in 1991.
      • Replaced the Monopolies and Restrictive Trade Practices Act, 1969 (MRTP Act) based on recommendations from the Raghavan Committee.

    Key Features of the Competition Act:

    • Passed in 2002 and subsequently amended to align with modern competition laws.
    • Prohibits anti-competitive agreements, abuse of dominant position, and regulates combinations causing adverse effects on competition.
    • Established the Competition Commission of India and the Competition Appellate Tribunal.
    • The National Company Law Appellate Tribunal (NCLAT) replaced the Competition Appellate Tribunal (COMPAT) in 2017.

    Composition of CCI:

    • CCI comprises a Chairperson and 6 Members appointed by the Central Government.
    • Members must possess significant expertise in various domains such as law, economics, finance, and management or qualified to be a judge of a High Court.

    Key Functions of CCI:

    1. Regulating Mergers and Acquisitions:
    • Ensuring mergers and acquisitions do not harm competition in the market.
    • Preventing monopolistic practices and promoting fair competition.
    1. Investigating Anti-Competitive Practices:
    • Probing into cartels, collusive behavior, and abuse of dominant market positions.
    • Taking action against entities engaging in anti-competitive practices.
    1. Market Studies and Research:
    • Conducting studies to assess market dynamics and competition levels.
    • Identifying trends and issues affecting competition in various sectors.
    1. Handling Complaints:
    • Addressing complaints filed by individuals or businesses regarding anti-competitive behavior.
    • Initiating investigations based on credible complaints received.
    1. Adjudication and Penalty Imposition:
    • Adjudicating cases related to competition law violations.
    • Imposing penalties on entities found guilty of breaching competition regulations.

    PYQ:

    [2015] The Government of India has established NITI Aayog to replace the:

    (a) Human Rights Commission

    (b) Finance Commission

    (c) Law Commission

    (d) Planning Commission

  • IRDAI removes Age Bar for purchasing Health Insurance

    Why in the news?

    • The Insurance Regulatory and Development Authority of India (IRDAI) abolished the age limit for purchasing health insurance policies, effective April 1.
    • Individuals aged above 65 were ineligible previously for new health insurance policies.

    About Insurance Regulatory and Development Authority of India (IRDAI)

    • IRDAI is the apex regulatory body overseeing the insurance sector in India.
    • It is an autonomous entity responsible for regulating and developing the insurance sector in India.
    • It was established under the Insurance Regulatory and Development Authority Act, 1999. It was formed on April 19, 2000.
      • Headquarters: Located in Hyderabad, Telangana.
    • Composition:
      • IRDAI is a 10-member body including the chairman, five full-time and four part-time members appointed by the government of India.
      • The authority is supported by various departments and divisions responsible for different aspects of insurance regulation, including life insurance, non-life insurance, reinsurance, and actuarial matters.

    Regulatory Functions

    IRDAI’s primary role is to regulate and promote the insurance industry in India through:

    • Licensing and registration of insurance companies and intermediaries.
    • Framing regulations and guidelines for insurance operations.
    • Protecting the interests of policyholders.
    • Promoting fair competition and innovation in the insurance sector.
    • Monitoring the financial performance and solvency of insurance companies.
    • Resolving disputes between insurers and policyholders.
    • Promoting insurance awareness and education among the public.

     

    Insurance Sector of India: A Timeline

    • 1818: Establishment of the Oriental Life Insurance Company in Calcutta marked the beginning of the life insurance business in India. The company faced failure in 1834.
    • 1829: Madras Equitable started conducting life insurance operations in the Madras Presidency.
    • 1870: Enactment of the British Insurance Act. Establishment of insurance companies like Bombay Mutual (1871), Oriental (1874), and Empire of India (1897) in the Bombay Presidency during this era, dominated by British firms.
    • 1914: Commencement of publishing insurance company returns by the government of India.
    • 1912: Introduction of the Indian Life Assurance Companies Act, the first legislation regulating life insurance.
    • 1928: Enactment of the Indian Insurance Companies Act to gather statistical information about insurance business.
    • 1938: Consolidation and amendment of insurance legislation with the Insurance Act, 1938, introducing comprehensive provisions to regulate insurers’ activities.
    • 1950: The Insurance Amendment Act abolished principal agencies amid allegations of unfair trade practices. The GoI decided to nationalize the insurance industry in response to high competition levels.
    • 1956: The Life Insurance Corporation of India (LIC) was established under the Life Insurance Corporation Act, of 1956, consolidating the life insurance business in India under a single entity. LIC took over the assets and liabilities of around 245 private life insurers and provident societies.

     

    PYQ:

    [2012] Consider the following:

    1. Hotels and restaurants
    2. Motor transport undertakings
    3. Newspaper establishments
    4. Private medical institutions

    The employees of which of the above can have the ‘Social Security’ coverage under Employees’ State Insurance Scheme?

    (a) 1, 2 and 3 only

    (b) 4 only

    (c) 1, 3 and 4 only

    (d) 1, 2, 3 and 4

  • In news: Central Administrative Tribunal (CAT)

    Why in the News?

    • The Allahabad High Court clarified the appellate jurisdiction concerning orders issued by the Central Administrative Tribunal (CAT) in contempt proceedings.
    • The court ruled that appeals against CAT contempt orders must be filed exclusively before the Supreme Court under Section 19 of the Contempt of Courts Act, 1971.

    What is Central Administrative Tribunal (CAT)?

    • The CAT is a specialized quasi-judicial body in India established under Article 323-A of the Constitution of India.
    • Its primary function is to adjudicate disputes and complaints related to recruitment and service conditions of government employees.
    • CAT was set up to provide a speedy and inexpensive remedy to government employees in matters concerning their service conditions and employment disputes.

    Establishment of CAT:

    • The Administrative Tribunals Act in 1985 enacted by the Parliament authorizes the central government to establish Central Administrative Tribunal and the State Administrative Tribunals.
    • There are 17 Benches and 21 Circuit Benches in the Central Administrative Tribunal all over India.

    Jurisdiction of CAT:

    • The Administrative Tribunal is distinguishable from the ordinary courts with regard to its jurisdiction and procedure.
    • It exercises jurisdiction only about the service matters of the parties covered by the Act.
    • CAT exercises jurisdiction over all service matters concerning the following:
    1. A member of any All-India Service
    2. A person appointed to any civil service of the Union or any civil post under the Union
    3. A civilian appointed to any defence services or a post connected with defence

    Services NOT Covered:

    The following members are NOT covered under the jurisdiction of CAT:

    1. Defense forces, Officers,
    2. The staff of the Supreme Court and
    3. Secretarial staff of the Parliament.

    Procedure:

    • The CAT is guided by the principles of natural justice in deciding cases and is NOT bound by the procedure, prescribed by the Civil Procedure Code.
    • It is empowered to frame its own rules of procedure and practice.
    • Under Section 17 of the Administrative Tribunal Act, 1985, the Tribunal has been conferred with the power to exercise the same jurisdiction and authority in respect of contempt of itself as a High Court.

    Composition:

    • The CAT comprises of a chairman, and other members who are appointed by the President of India.
    • The membership of CAT is filled by members from judicial and administrative fields.
    • The term of the service is 5 years or until the age of 65 years for chairman; 62 years for members, whichever is earlier. (minimum age is 50 years)
    • The chairman or any other member may address his resignation to the President in between his term of office.

     

    PYQ:

    2019: The Central Administrative Tribunal (CAT) which was established for redressal of grievances and complaints by or against central government employees nowadays is exercising its power as an independent judicial authority. Explain.

     

    Practice MCQ:

    Consider the following statements about the Central Administrative Tribunal (CAT):

    1.    The CAT is a specialized quasi-judicial body.

    2.    It adjudicates disputes and complaints related to recruitment and service conditions of government employees.

    3.    Personnel of the armed forces are covered in the jurisdiction of CAT.

    How many of the above statements is/are correct?

    (a) One

    (b) Two

    (c) Three

    (d) None

  • [pib] NCW-RPF Collaboration to prevent Women Trafficking

    What is the news-

    NCW-RPF MoU: Key Objectives

     

    1. Prevention and Rescue: The MoU aims to prevent human trafficking and facilitate the rescue of trafficked women through joint efforts.
    2. Role of RPF Personnel: RPF personnel stationed at railway stations are crucial in preventing trafficking and addressing crimes against women.
    3. Expanding Collaboration: NCW, which established an Anti-Human Trafficking Cell on April 2, 2022, has already been working with the Central Industrial Security Force (CISF) to combat the trafficking of women.

     

    About National Commission for Women (NCW)

    • The NCW is the Statutory Body generally concerned with advising the government on all policy matters affecting women.
    • It was established on 31 January 1992 under the provisions of the Indian Constitution as defined in the National Commission for Women Act, 1990.
    • The first head of the commission was Jayanti Patnaik.
    • The Indian Constitution doesn’t contain any provision specifically made to favor women intrinsically.
    • Article 15 (3), Article 14 and Article 21 protect and safeguard women. They are more gender-neutral.

    Objectives

    • The objective of the NCW is to represent the rights of women in India and to provide a voice for their issues and concerns.
    • The subjects of their campaigns have included dowry, politics, religion, equal representation for women in jobs, and the exploitation of women for labor.
    • They have also discussed police abuses against women.

    Composition of the NCW

    The Commission shall consist of:

    • Chairperson: To be nominated by the Central Government.
    • Five Members: To be nominated by the Central Government from amongst persons of ability, integrity and standing who have had experience in law or legislation, trade unionism, management of an industry potential of women, women’s voluntary organizations (including women activists), administration, economic development, health, education or social welfare;
    • Special Representations: At least one Member each shall be from amongst persons belonging to the Scheduled Castes and Scheduled Tribes respectively;

    Powers of NCW

    • Provide consultation on all major policy matters that affect women.
    • Issuing summons for the examination of documents and the witnesses.
    • Requisitioning any public record or copy thereof from any court or office.
    • Receiving evidence on affidavits
    • Discovery and production of documents
    • Summoning and enforcement

    Functions of the NCW

    • Submission of Annual Reports: Table reports should be submitted to the Central Government every year, when deemed appropriate by the commission. These reports focus on the functioning and working of the safeguards.
    • Investigation and Examination: Proper investigation and examination are conducted under the Constitution and other laws, primarily aimed at protecting the rights of women.
    • Review and Scrutiny of Laws: Constant review and scrutiny of all laws are undertaken, with necessary amendments and alterations made to meet the needs of the current world.
    • Prevention of Violations: Ensuring there is no violation against women and taking due care of such cases to protect their rights.
    • Handling Complaints and Suo Motu Matters: Handling complaints and addressing suo motu matters about the deprivation of rights of women, with a focus on implementing laws favoring women’s welfare.
    • Assessment of Development and Progress: Assessing the development and progress of the women community at both the Center and State levels.
    • Identification and Mitigation of Systemic Limitations: Understanding the limitations in the system and devising strategic plans and mechanisms to address them effectively.

    Issues faced by NCW

    • Limited Enforcement Power: The NCW is only recommendatory and lacks the power to enforce its decisions, often taking action only when issues are brought to light.
    • Lack of Constitutional Status: The Commission lacks constitutional status, resulting in no legal powers to summon police officers or witnesses.
    • Dependency on Grants: NCW’s functions are heavily dependent on grants offered by the central government, with insufficient financial assistance to cater to its needs.
    • Limited Autonomy in Member Selection: The Commission does not have the power to choose its own members, impacting its autonomy and effectiveness.

    PYQ:

    Q.Is the National Commission for Women able to strategize and tackle the problems that women face at both public and private spheres? Give reasons in support of your answer. (2017)

     

    Q.According to the Constitution of India, it is the duty of the President of India to cause to be laid before the Parliament which of the following?

    1. The Recommendations of the Union Finance Commission
    2. The Report of the Public Accounts Committee
    3. The Report of the Comptroller and Auditor General
    4. The Report of the National Commission for the Scheduled Castes

    Select the correct answer the using the codes given below:

    1. 1 only
    2. 2 and 4 only
    3. 1, 3 and 4 only
    4. 1, 2, 3 and 4

    Practice MCQ:

    Which of the following does not constitute to the powers of National Commission for Women (NCW)?

    1. Issuing summons
    2. To make any record public
    3. Receiving evidence on affidavits
    4. Enforcing legal action against individuals

  • How were the new Election Commissioners selected? | Explained

    Why in the news? 

    The President has appointed Gyanesh Kumar and Sukhbir Singh Sandhu, both retired IAS officers, as Election Commissioners (ECs) to fill up two vacancies in the three-member Election Commission of India

    Context:

    • Article 324 of the Indian Constitution dictates the appointment of Election Commissioners, granting the Election Commission of India (ECI) authority over the supervision, guidance, and management of elections.
    • The Chief Election Commissioner (CEC) and Election Commissioners (ECs) are nominated by the President of India. While traditionally an executive prerogative, recent efforts aim to enhance inclusivity and transparency in this selection process.

    How were the new ECs selected?

    • Selection Committee: Comprising Prime Minister, Union Cabinet Minister, and Leader of the Opposition in the Lok Sabha.
      • Six names were shortlisted for consideration by the selection committee.
      • Headed by the Union Minister for Law and Justice and includes two officials with the rank of Secretary to the government.
      • The shortlisting was done by a committee which, according to the  Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
      • The final appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs) is made by the President of India based on the recommendations of the Selection Committee.

    What was the process before this?

    • Historical Background: Initially, the EC consisted only of the CEC for nearly 40 years after the adoption of the Constitution in 1949. It wasn’t until October 1989 that the EC became a multi-member body.
    • Appointment Rescission: In January 1990, the appointment of two Election Commissioners was rescinded shortly after their appointment.
    • Enactment of Law: In 1991, a law was enacted to determine the conditions of service for the CEC and ECs. This law was amended in 1993. However, it did not specify an appointment process for the CEC and ECs.
    • Appointment Process: In the absence of a specified process in parliamentary law, the appointment of the CEC and ECs has been at the discretion of the President. The Law Ministry typically presents a panel of names to the Prime Minister, who then recommends one of them as an EC to the President.
    • Appointment Convention: It became customary to appoint officials as ECs initially, and upon the completion of the CEC’s tenure, the senior EC would be elevated to the position of CEC.

    What did the SC rule on the process?

    • Anoop Baranwal vs Union of India: In the case of Anoop Baranwal versus Union of India, a five-member Constitution Bench ruled that the power to appoint the Chief Election Commissioner (CEC) and other Election Commissioners (ECs) was not intended to be exclusively vested in the executive branch. Instead, it was subject to any law made by Parliament.
    • Interim Arrangement: Since no such law had been enacted since the inception of the Constitution, the court established an interim arrangement for the appointment of CEC and ECs. This interim arrangement was to remain in place until Parliament formulated its law regarding the appointment process.
    • Composition of Appointment Committee: The court specified that appointments should be made by a three-member committee comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha (or the leader of the largest party in the Opposition), and the Chief Justice of India.
    • Response: In response to the court’s directive, Parliament enacted the 2023 Act, which received presidential assent and was notified in December 2023

    What is the criticism against the Act?

    • Executive Majority: Critics argue that the new Act has altered the composition of the selection panel by removing the Chief Justice of India (CJI) and replacing them with a Union Minister. This change results in a two-one majority for the executive within the three-member committee.
    • Supreme Court’s Response: Despite challenges and requests for a stay on the implementation of the new Act, the Supreme Court has consistently refused to intervene, allowing the Act to proceed.
    • Upholding Constitutional Principle: Critics argue that by shifting the balance of power within the selection panel in favor of the executive, the Act undermines the constitutional principle of maintaining the autonomy and impartiality of constitutional bodies like the Election Commission.

    Conclusion:

    In moving forward, it’s imperative to restore balance in Election Commissioner appointments, ensuring judicial oversight, transparency, and inclusivity. Legislative reforms should reflect constitutional principles, safeguarding the independence of constitutional bodies and preserving democratic integrity.

  • Appointment of EC | Supreme Court to hear plea to bring CJI back into the selection committee

    Why in the news? 

    The plea filed by the NGO Association for Democratic Reforms seeks an urgent hearing as it raises concerns about potential unfair advantage in filling Election Commission vacancies after Arun Goel’s resignation.

    Context

    • The unexpected resignation of Arun Goel ahead of the Lok Sabha elections raised concerns about potential unfair advantage in filling the vacancies.
    • The NGO Association for Democratic Reforms requested the new law on EC appointments to be put on hold and urged the involvement of the Chief Justice of India in the selection committee, as directed by a previous Supreme Court judgment.

     

    About the CEC and Other ECs (Appointment, Conditions of Service, and Term of Office) Bill, 2023:

    • The Bill replaces the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
      • It addresses the appointment, salary, and removal of the CEC and ECs.

     

    Appointment Process:

    • The CEC and ECs will be appointed by the President upon the recommendation of a Selection Committee.
    • The Selection Committee will consist of the Prime Minister, a Union Cabinet Minister, and the Leader of Opposition/leader of the largest opposition party in Lok Sabha.
    • Recommendations of the Selection Committee will be valid even when there is a vacancy in this Committee.
    • A Search Committee headed by the Cabinet Secretary will propose a panel of names to the Selection Committee.
    • Eligibility for the posts includes holding (or having held) a post equivalent to the Secretary to the central government.

     

    Why Free and fair elections are necessary?

    • Protects from Intimidation and Fraud: Concerns were raised about the potential for unfair advantage due to the Executive’s ability to appoint two Election Commissioners, which could compromise the independence of the Election Commission.
    • Consensus building and Integrity: Emphasis on the critical role of the Election Commission in ensuring free and fair elections, highlights the importance of fair and unbiased appointments to maintain the integrity of the electoral process.
    • Anoop Baranwal Case: Reference to the Supreme Court’s judgment in the Anoop Baranwal case, where a Constitution Bench directed the appointment of the Chief Election Commissioner (CEC) and two ECs by the President based on the advice of a committee consisting of the Prime Minister, Leader of Opposition, and Chief Justice of India (CJI).
    • Government’s Response: Mention of the government’s enactment of the Chief Election Commission and other Election Commissions (Appointment, Conditions of Service and Term of Office) Act, 2023, which replaced the CJI with a Cabinet Minister on the selection committee, thereby giving the Centre more control over the appointment process, contrary to the Supreme Court’s judgment.

    Way Forward: Need to avoid Political interference: 

    • Current Leadership: Mention of CEC Rajiv Kumar being in sole charge of the Election Commission at present, indicates the need to address vacancies in the position of Election Commissioners to ensure effective functioning, especially with impending elections.
    • Independence of Election Commission: Emphasis on the importance of maintaining the independence of the Election Commission from political and executive interference to ensure free and fair elections and uphold democracy.
    • Insulation from Interference: Arguing that the Election Commission should be insulated from political and/or executive interference to preserve the integrity of the electoral process and protect democratic principles.
    • Critical Role of Election Commission: Highlighting the critical role of the Election Commission in various aspects such as ensuring free and fair elections, resolving disputes between political parties, and maintaining accurate voter lists and turnout, underscoring the urgency to address vacancies in the Commission.

    Conclusion:

    • The government should reconsider the appointment process, ensuring the inclusion of the Chief Justice of India in the selection committee to uphold the independence and integrity of the Election Commission.

    Mains PYQs

    Q. Discuss the role of the Election Commission of India in light of the evolution of the Model Code of Conduct. (2022)

  • GST Appellate Tribunals to be set around July or August

    Introduction

    • The Goods and Services Tax (GST) Appellate Tribunals, eagerly anticipated to address taxpayer disputes within the six-and-a-half-year-old indirect tax regime, are set to commence operations around July or August.

    What is GST Appellate Tribunal?

    • The GST Appellate Tribunal is a quasi-judicial body proposed to be established to resolve disputes related to the Goods and Services Tax (GST) in India.
    • It will function as an independent body to hear appeals against orders passed by the GST authorities or the Appellate Authority.
    • The tribunal will be composed of a national bench and various regional benches, headed by a chairperson appointed by the central government.
    • The proposed tribunal is expected to help expedite the resolution of disputes related to GST and reduce the burden on the judiciary.

    Under GST, if a person is not satisfied with the decision passed by any lower court, an appeal can be raised to a higher court, the hierarchy for the same is as follows (from low to high):

    1. Adjudicating Authority
    2. Appellate Authority
    3. Appellate Tribunal
    4. High Court
    5. Supreme Court

    Need for such Tribunal

    • Unburden judiciary: GST Appellate Tribunal will help resolve the rising number of disputes under the 68-month-old indirect tax regime that are now clogging High Courts and other judicial fora.
    • Improve efficiency of GST System: Overall, the establishment of the GST Appellate Tribunal is expected to improve the efficiency and effectiveness of the GST system in India.
    • Independent mechanism: The proposed Tribunal will provide an independent and efficient mechanism for resolving disputes related to GST.
    • Avoid tax evasion: It will help to expedite the resolution of disputes, reduce the burden on the judiciary, and promote greater certainty and predictability in the GST system.

    Issues with present litigation

    • Compliance issues: The GST system is relatively new in India, having been implemented in 2017, and there have been several issues with compliance and interpretation of rules and regulations.
    • Complex adjudication hierarchy: The current dispute resolution mechanism involves multiple layers of adjudication, starting with the GST officer and as mentioned above.
    • Time-consuming process: This process can be time-consuming, costly, and burdensome for taxpayers, especially small and medium-sized enterprises.

    Significance

    • The creation of these tribunals had been in the pipeline since the implementation of the GST regime on July 1, 2017.
    • The number of pending appeals by taxpayers related to central GST levies had surged to over 14,000 (June 2023).

  • Tribunals cannot direct Government to frame policy: SC

    Central Idea

    • The Supreme Court clarified that tribunals, bound by their governing legislations, cannot compel the government to formulate policy.
    • It emphasized the separation of powers, stating that policy-making is outside the judiciary’s domain, including quasi-judicial bodies like tribunals.

    What are Tribunals?

    Details
    Nature Judicial or quasi-judicial institutions established by law
    Purpose Provide faster adjudication compared to traditional courts

    Offer expertise on specific subject matters
    Functions Adjudicating disputes

    Determining rights between parties

    Making administrative decisions

    Reviewing existing administrative decisions
    Constitutional Recognition 42nd Amendment Act, 1976 introduced Articles 323-A and 323-B in the Constitution
    Article 323A Empowers Parliament to constitute administrative Tribunals for public service matters
    Article 323B Allows Parliament or state legislatures to constitute tribunals for specific subjects like taxation, land reforms
    Composition Comprises expert (technical) members and judicial members
    Expert Members Selected from various fields, including central government departments
    Judicial Members Persons with a judicial background, such as High Court judges or eligible lawyers
    Supreme Court’s Stance Technical members not required if tribunal’s aim is expeditious disposal of matters

    Case in Focus: Armed Forces Tribunal (AFT) and Policy Direction

    • Specific Case Reviewed: The Bench addressed whether the AFT could direct the government to create a policy for appointing the Judge Advocate General (Air).
    • General Observation: It has been consistently observed that courts cannot mandate the government to enact legislation or develop a policy.

    Judicial Analysis and Reasoning

    • Justice Karol’s Observations: Justice Sanjay Karol noted that the AFT, with powers akin to a civil court, lacks the authority of the Supreme Court or High Courts.
    • High Courts’ Limitations: Even High Courts, under Article 226 of the Constitution, cannot order the government or its departments to establish specific policies.
    • Government’s Prerogative: The judgment reinforced that policy creation, especially concerning defense personnel services or their regularization, is exclusively the government’s responsibility.

    Implications of the Judgment

    • Tribunals’ Restricted Powers: Tribunals must operate within the confines of their governing legislation and lack the jurisdiction to influence policy formation.
    • Judiciary’s Role in Policy Matters: The judgment highlights the judiciary’s limited role in policy-making, even in cases where fundamental rights might be at stake.
    • Separation of Powers: This ruling underscores the principle of separation of powers, delineating the distinct functions of the legislative, executive, and judicial branches.

    Conclusion

    • Respecting Institutional Boundaries: The judgment serves as a reminder of the importance of respecting the boundaries and roles of different government institutions in a democratic setup.
    • Broader Implications: This decision has significant implications for how tribunals and courts interact with policy-making processes, emphasizing judicial restraint and adherence to the constitutional framework.