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

  • Cinematograph (Amendment) Bill, 2023 passed in Rajya Sabha: What new provisions say on piracy, certifying movies

    What’s the news

    • The Rajya Sabha on July 27 passed the Cinematograph (Amendment) Bill, 2023, that introduces stringent anti-piracy provisions, expanding the scope of the law from censorship to also cover copyright.

    Central idea

    • The Cinematograph (Amendment) Bill, 2023, seeks to amend the Cinematograph Act, 1952, which authorises the Central Board of Film Certification (CBFC) to require cuts in films and clear them for exhibition in cinemas and on television. It also empowers the Central Board of Film Certification (CBFC) to give separate certificates for a film’s exhibition on television or other media.

    What is meant by film piracy?

    • Film piracy refers to the unauthorized copying, distribution, exhibition, or downloading of films without the consent of the copyright owner or the film’s creators. It involves the illegal duplication and dissemination of copyrighted movies through various means.
    • Film piracy is a significant concern for the film industry, as it undermines the economic viability of films and negatively impacts the revenue generated from legitimate sources.

    What is the Central Board of Film Certification (CBFC)?

    • The CBFC, commonly known as the Censor Board, is a statutory body in India responsible for certifying films for public exhibition.
    • It operates under the Ministry of Information and Broadcasting, Government of India.
    • The CBFC’s primary role is to review and rate films based on their content and to ensure that films adhere to the guidelines and principles laid down in the Cinematograph Act, 1952, and the rules framed thereunder.

    Key provisions of the Cinematograph (Amendment) Bill, 2023

    • Crackdown on Film Piracy: The bill aims to address the issue of film piracy by imposing strict penalties on those involved in making pirated copies of movies. It prescribes a three-year jail term and a fine of up to 5% of a movie’s production cost for offenders.
    • Introduction of New Certifications: The bill proposes three new certifications under the ‘UA’ (Parental Guidance) category: UA 7+, UA 13+, and UA 16+. These certifications indicate that children younger than the specified age limits can watch such movies with parental guidance.
    • Empowerment of the CBFC: The bill grants enhanced powers to the Central Board of Film Certification (CBFC) to issue separate certificates for films to be exhibited on television or other media platforms. It also clarifies that the CBFC certificates will be valid perpetually and that the Centre will not have any revisional powers over them.
    • Harmonization with Existing Laws: The bill aims to harmonize the Cinematograph Act, 1952 with other laws that tangentially address piracy, such as the Copyright Act, 1957, and the Information Technology Act, 2000.

    The journey of the Cinematograph (Amendment) Bill

    • Cinematograph (Amendment) Bill, 2019: The first version of the bill was introduced in the Rajya Sabha in 2019. It was primarily focused on addressing film piracy. The bill aimed to introduce measures to tackle the unauthorized recording and exhibition of films, which had been causing significant financial losses to the film industry.
    • Cinematograph (Amendment) Bill, 2021: In response to the recommendations made by the Standing Committee on Information Technology and the feedback received from stakeholders and the public, a revised version of the bill was released.
    • Public Feedback and Consultations: The Cinematograph (Amendment) Bill, 2021, was made available for public comments and feedback. This step allowed individuals and organizations to provide their views on the proposed amendments, ensuring a more inclusive and participatory legislative process.
    • Industry Stakeholder Consultations: In 2022, consultations were held with industry stakeholders, including representatives from the film industry and related sectors. The input and concerns raised during these consultations were taken into account to further refine and finalize the provisions of the bill.
    • Cinematograph (Amendment) Bill, 2023: Based on the inputs gathered from public feedback and industry stakeholders, the final version of the bill, now known as the Cinematograph (Amendment) Bill, 2023, was prepared. This version included all the proposed changes and updates aimed at addressing film piracy, enhancing film certification, and aligning the Cinematograph Act with other relevant laws.

    Significance of the Bill

    • Curbing Film Piracy: The bill introduces stringent penalties to deter film piracy, addressing a significant concern for the film industry and protecting intellectual property rights.
    • Age-Appropriate Film Viewing: The introduction of new age-based certifications ensures that films are categorized appropriately, allowing parents to make informed decisions about their children’s film choices.
    • Modernizing Film Certification: The bill empowers the CBFC to issue separate certificates for films shown on various media platforms and provides perpetual validity to CBFC certificates, streamlining the film certification process.
    • Aligning with Existing Laws: The amendment harmonizes the Cinematograph Act, 1952, with other relevant laws, ensuring consistency and coherence in the legal framework governing the film industry.
    • Addressing Industry Demands: The bill responds to the film industry’s demand to combat unauthorized film exhibition and recording, protecting the industry’s interests and fostering a thriving creative environment.
    • Strengthening the Film Industry: By curbing piracy and protecting intellectual property, the bill aims to strengthen the film industry, attract investments, and contribute to India’s cultural and economic landscape.

    Conclusion

    • The passage of the Cinematograph (Amendment) Bill, 2023, is a significant step towards protecting the film industry from piracy and streamlining the film certification process. By embracing the necessary amendments, India reaffirms its commitment to nurturing a vibrant and thriving film industry while safeguarding creative content from piracy-related challenges.

  • National Green Tribunal (NGT): A failing institution in need of revival

    What is the news?

    • There are concerns regarding the underperformance of the National Green Tribunal (NGT) over the past five years which highlights the need for reform and revival.

    Central idea

    • The National Green Tribunal (NGT) plays a crucial role in adjudicating environmental cases in India, upholding the principles of justice and fairness. However, over the past five years, the NGT has faced significant challenges and underperformance. There is need for reform and revival within the NGT, emphasizing the responsibility of lawyers to raise awareness about its shortcomings.

    What is NGT?

    • The NGT is a specialized judicial body in India established under the National Green Tribunal Act, 2010.
    • Its primary purpose is to handle cases related to environmental issues and disputes.
    • The NGT has jurisdiction over matters concerning the enforcement of environmental laws, conservation of natural resources, and the prevention and control of environmental pollution

    Structure of NGT

    • Chairperson: The NGT is headed by a Chairperson who is appointed by the Central Government in consultation with the Chief Justice of India (CJI). The Chairperson holds a significant position of authority and leadership within the tribunal.
    • Judicial Members: The NGT consists of Judicial Members who possess legal qualifications and expertise. These members are responsible for adjudicating on environmental cases and applying legal principles to make informed decisions.
    • Expert Members: Expert Members are appointed to the NGT to provide specialized knowledge and expertise in specific fields related to the environment. These members bring scientific, technical, or environmental expertise to assist in the decision-making process.
    • Selection Committee: A Selection Committee is formed by the Central Government to appoint both the Judicial Members and Expert Members of the NGT. This committee plays a crucial role in the selection process, ensuring the appointment of qualified individuals.
    • Tenure and Age Limit: Members of the NGT, including the Chairperson, serve a term of three years or until they reach the age of sixty-five, whichever comes earlier. They are not eligible for reappointment after completing their term.
    • Number of Members: The NGT Act specifies that there should be a minimum of ten and a maximum of twenty full-time Judicial Members and Expert Members in the tribunal. The actual number of members may vary within this range based on the requirements and workload of the NGT

    Powers & Jurisdiction of NGT

    • Jurisdiction over Civil Cases: The NGT has jurisdiction over all civil cases that involve substantial questions related to the environment. This includes matters concerning the enforcement of legal rights associated with the environment.
    • Suo Motu Powers: The NGT has been granted “unique” forum status by the Supreme Court, which empowers it with suo motu (on its own motion) powers. This means that the NGT can take up environmental issues across the country without requiring a specific case to be filed before it.
    • Adjudicatory and Preventative Roles: The NGT not only performs an adjudicatory function but is also entrusted with vital roles that are preventative, ameliorative, or remedial in nature. This implies that the NGT has a broader mandate beyond purely resolving disputes and is empowered to take preventive or remedial measures to address environmental concerns.
    • Appellate Jurisdiction: In addition to its original jurisdiction, where parties can file applications before the NGT, the tribunal also possesses appellate jurisdiction. This means that it can hear appeals as a court (tribunal) on matters within its purview.
    • Guided by Principles of Natural Justice: While the NGT is not bound by the procedural rules outlined in the Code of Civil Procedure 1908, it is guided by the principles of natural justice. This ensures fairness and due process in its proceedings and decision-making.
    • Principles of Sustainable Development: In making its orders, decisions, or awards, the NGT applies the principles of sustainable development, precautionary principle, and polluter pays principle. These principles guide the tribunal in achieving a balance between environmental protection and development.
    • Relief and Compensation: The NGT has the power to provide relief and compensation to victims of pollution and other forms of environmental damage. It can order restitution of damaged property and restoration of the environment in specific areas as it deems appropriate.
    • Execution of Orders: The orders, decisions, or awards of the NGT can be executed as decrees of a civil court. This ensures that the directions issued by the tribunal are enforceable and have legal weight.
    • Penalty for Non-compliance: The NGT Act provides a procedure for penalties in case of non-compliance. This includes imprisonment for a term that may extend to three years, fines that may extend to ten crore rupees, or both, depending on the nature and severity of the violation.
    • Laws Covered: The NGT deals with civil cases arising from seven laws related to the environment, including the Water (Prevention and Control of Pollution) Act, 1974; the Water (Prevention and Control of Pollution) Cess Act, 1977; the Forest (Conservation) Act, 1980; the Air (Prevention and Control of Pollution) Act, 1981; the Environment (Protection) Act, 1986; the Public Liability Insurance Act, 1991; and the Biological Diversity Act, 2002.

    Concerns regarding NGT

    • Lack of Judicial Oversight: One of the major concerns raised is the delegation of judicial work to expert committees, which resulted in a lack of judicial oversight. The reports of these committees were often accepted without hearing the affected parties, violating the principles of natural justice. This undermines the fair and transparent functioning of the NGT.
    • Violation of Natural Justice: There are concerns regarding the failure to hear the parties affected by the orders issued by the expert committees goes against the basic principles of natural justice. Natural justice dictates that no one should be condemned behind their backs, and all parties should have the opportunity to present their arguments and evidence.
    • Questionable Application of Polluter Pays Principle: The concerns have been raised about the application of the Polluter Pays principle by the NGT. There are discrepancies in the self-made report published by the NGT, which fails to acknowledge the outcome of challenges to the orders imposing Environmental Compensation.
    • Bias Against Development and Industry: The concern expressed over the term compensation regime used to describe the NGT’s approach during the mentioned tenure. This term suggests a bias against development and industry, which may hinder the balance between economic growth and environmental conservation.
    • Credibility and Transparency: The questions raised on the credibility and transparency of the NGT, particularly regarding the self-certification report published on its website. Such self-assessment raises doubts about the objectivity and reliability of the report and undermines the credibility of the NGT as an independent judicial body.

    Need for reform and revival of the NGT

    • Addressing Underperformance: The NGT has experienced underperformance over the past five years, as mentioned in the article. This can hinder its effectiveness in handling environmental cases and achieving its objectives. Reform is necessary to improve the NGT’s performance and ensure it fulfils its intended purpose.
    • Judicial Oversight and Natural Justice: The delegation of judicial work to expert committees and the lack of proper judicial oversight raise concerns about the NGT’s decision-making process. It is important to reform the system to enhance judicial oversight and uphold the principles of natural justice, ensuring fair hearings and comprehensive evaluations of cases.
    • Credibility and Transparency: The credibility and transparency of the NGT have been called into question. The publication of a self-made report card exclusively covering the tenure of the outgoing chairperson raises doubts about objectivity and transparency. Reform measures should focus on enhancing the credibility and transparency of the NGT’s operations and decision-making.
    • Collaboration and International Standing: Reviving the NGT involves fostering collaborations with national and international organizations, research institutions, and experts. Such collaborations can strengthen the NGT’s knowledge base, exchange best practices, and enhance its standing on the global stage.
    • Rebuilding Bar-Bench Relationship: The strained relationship between the bar (lawyers) and bench (NGT members) needs to be addressed. Reviving this relationship is crucial for effective representation of parties involved in environmental cases and to facilitate a constructive dialogue on environmental issues.
    • Prioritizing Sustainability and Development Balance: While environmental protection is vital, the NGT’s approach should not be perceived as biased against development and industry. Reforms should strike a balance between environmental conservation and sustainable development, ensuring that economic growth and ecological concerns are harmonized.
    • Transparent and Accountable Performance Evaluation: The NGT’s performance evaluation should be carried out in a transparent and accountable manner, avoiding any self-certification or subjective assessments. Establishing clear evaluation criteria and mechanisms can help monitor the NGT’s performance objectively.

    Conclusion

    • The NGT’s underperformance over the past five years necessitates urgent reform and revival. The next Chairperson must restore credibility, transparency, and respect within the institution, while also striking a balance between economic growth and environmental conservation. Through these efforts, the NGT can fulfill its vital role in addressing environmental challenges and upholding principles of justice

    Also read:

    State Pollution Control Boards (SPCBs)

  • Finance Commission and the Challenges of Fiscal Federalism

    Finance Commission

    Central Idea

    • The government is set to appoint a Finance Commission in the coming months to address the crucial matter of distributing the Centre’s tax revenue among the States. This article examines the significance of the Finance Commission in India’s fiscal federalism, highlighting the changing dynamics post-reforms and the ensuing debates surrounding the horizontal distribution formula.

    Evolution of the Finance Commission

    • Constitutional Provision: The Finance Commission is a constitutional body established under Article 280 of the Indian Constitution. It was first constituted in 1951.
    • Primary Objective: The primary objective of the Finance Commission is to recommend the distribution of financial resources between the Union (Centre) and the States.
    • Five-Year Cycle: The Finance Commission is appointed every five years, or as specified by the President of India. The recommendations of the Commission cover a five-year period.
    • Composition: The Commission consists of a Chairman and other members appointed by the President. The Chairman is usually a person with a background in economics, finance, or public administration.
    • Terms of Reference: The President determines the terms of reference for each Finance Commission, which guide the Commission in its deliberations and recommendations.

    Significance of the Finance Commission in India’s fiscal federalism

    • Vertical and Horizontal Distribution: The Finance Commission determines the vertical share, which is the proportion of the Centre’s tax revenue that should be given to the States, ensuring a fair allocation of resources. It also formulates the horizontal sharing formula, which determines how this revenue should be distributed among the States.
    • Addressing Fiscal Disparities: The Finance Commission plays a crucial role in addressing these disparities by providing financial transfers to less economically developed states. Through revenue deficit grants and other means, the Commission helps bridge the fiscal gap and supports states with limited revenue-raising capacity.
    • Promoting Cooperative Federalism: The Finance Commission acts as an institutional mechanism that fosters cooperative federalism by facilitating intergovernmental fiscal transfers. It encourages collaboration and coordination between the Centre and the States, fostering a sense of shared responsibility in fiscal matters.
    • Constitutional Mandate: The Finance Commission is constitutionally mandated under Article 280 of the Indian Constitution. Its existence and functioning are enshrined in the constitutional framework, ensuring its independence and impartiality in making recommendations.
    • Five-Year Review Cycle: The regular appointment of the Finance Commission every five years ensures a periodic review of the fiscal arrangements between the Centre and the States. This allows for adjustments and revisions based on evolving economic and social realities, ensuring that fiscal transfers remain relevant and effective.
    • Expertise and Recommendations: The Finance Commission comprises experts in the fields of economics, finance, and public administration. Its recommendations are based on in-depth analysis, consultations, and assessments of various factors, including population, fiscal capacity, and development needs. These recommendations provide valuable insights and guidance to the Centre and the States in fiscal decision-making.
    • Resolving Fiscal Conflicts: The Finance Commission helps resolve conflicts and disputes between the Centre and the States regarding fiscal matters. By providing an independent and objective platform for negotiation and deliberation, it promotes a sense of fairness and transparency in fiscal resource allocation.
    • Strengthening Fiscal Discipline: The Finance Commission plays a role in promoting fiscal discipline and accountability. By assessing the fiscal performance and needs of the States, it encourages responsible fiscal behavior and discourages imprudent spending practices

    Facts for Prelims

    Aspect Vertical Distribution Horizontal Distribution
    Definition Allocation of the Centre’s tax revenue between the Centre and the States Allocation of funds among the States
    Determined by Finance Commission Finance Commission
    Factors considered Fiscal capacity, needs of the States, population figures, and relevant indicators Population, area, fiscal capacity, demographic trends, development indicators, and relevant parameters
    Objective Provide a fair and equitable share of revenue to the States Promote equitable development and address regional imbalances
    Purpose Ensure States have sufficient resources for expenditure requirements and promote balanced development Provide greater financial support to States with lower fiscal capacity and greater development needs
    Focus Centre-State distribution of revenue State-State distribution of funds
    Outcome Ensures fair allocation of revenue between the Centre and the States Reduces disparities and fosters balanced growth among the States

    Finance Commission

    Changing dynamics post reforms

    • Decreased Role of Plan Financing: In the pre-reform era, the Centre had the flexibility to compensate States through plan financing. However, post-reforms, there has been a decline in fresh investments in public sector undertakings (PSUs) and the abolition of the Planning Commission in 2014. As a result, the Finance Commission has become the primary mechanism for the vertical and horizontal distribution of resources, making its role more critical.
    • Devolution of Tax Revenues: With the amendment of the Constitution in 2000, States were given a share in the Centre’s tax revenue pool. This devolution of tax revenues has increased the significance of the Finance Commission in determining the distribution of funds between the Centre and the States.
    • Shift in Population Figures: The use of population figures in determining the distribution of resources has seen a shift from the earlier practice of using 1971 census data to considering 2011 census data. This shift has led to debates and controversies, particularly among States that have successfully controlled population growth rates, as it can affect their share of devolution.
    • Deepening Faultlines: In recent years, faultlines between States have deepened along political, economic, and fiscal dimensions. The outcome of elections and regional disparities in terms of infrastructure, private investment, social indicators, and the rule of law have widened the north-south gap and brought regional imbalances into focus. Managing these faultlines while ensuring equitable distribution poses challenges for the Finance Commission.
    • Concerns of Fiscal Incapacity vs. Fiscal Irresponsibility: The Finance Commission faces the challenge of determining the extent to which a State’s deficit is due to its fiscal incapacity or fiscal irresponsibility. Striking a balance between supporting deficit-ridden States without penalizing fiscally responsible ones is a complex task, as providing more to one State would mean giving less to others.
    • Changing Economic Landscape: The post-reform period has witnessed shifts in India’s economic landscape, with some states experiencing higher growth rates and greater fiscal capacity compared to others. This dynamic requires the Finance Commission to consider the changing economic realities and ensure that the distribution formula reflects the current context

    Addressing the concerns related to cesses and surcharges

    • Clear Guidelines: The Finance Commission should lay down clear guidelines on when and under what circumstances cesses and surcharges can be levied. These guidelines should ensure that cesses and surcharges are not used as routine measures but rather as exceptional instruments to address specific needs or challenges.
    • Cap on Amount Raised: The Finance Commission can suggest a formula or mechanism to cap the amount that can be raised through cesses and surcharges. This would prevent excessive reliance on these instruments and ensure that they do not become a substantial portion of the Centre’s total tax revenue.
    • Transparency and Accountability: The government should enhance transparency and accountability in the utilization of funds generated through cesses and surcharges. It should provide regular reports on the utilization of these funds, demonstrating how they contribute to the intended purposes and benefit the states and the overall economy.
    • Consultation with States: The Finance Commission should engage in extensive consultations with states while formulating guidelines regarding cesses and surcharges. States should have the opportunity to provide their input, share their concerns, and suggest ways to strike a balance between the Centre’s revenue requirements and the states’ financial autonomy.
    • Alignment with Fiscal Responsibility: Any levies on cesses and surcharges should be in line with the principles of fiscal responsibility and budget management. The Finance Commission can ensure that these instruments are used judiciously and do not undermine the fiscal discipline goals set by the FRBM Act.
    • Review and Evaluation: Regular review and evaluation of the impact of cesses and surcharges should be conducted to assess their effectiveness in achieving the intended objectives. The Finance Commission can play a crucial role in monitoring the usage of these instruments and recommending necessary adjustments based on the evaluation outcomes.

    Finance Commission

    Implementing restraint on freebies

    • Clear Definition: Establishing a clear definition of what constitutes a freebie is crucial to avoid ambiguity and misuse of resources. It should encompass measures that go beyond essential public services and infrastructure development and instead focus on non-essential giveaways or subsidies.
    • Fiscal Responsibility and Budgetary Constraints: The Finance Commission can emphasize the importance of adhering to fiscal responsibility guidelines and staying within budgetary constraints. This ensures that resources are allocated judiciously and in a sustainable manner, avoiding the accumulation of unsustainable debt.
    • Prioritization of Essential Services: Encouraging governments to prioritize essential public services, such as healthcare, education, and infrastructure, over non-essential freebies. This ensures that resources are allocated to areas that have a more significant and long-lasting impact on the overall well-being and development of the population.
    • Evaluation of Impact: Regular evaluation of the impact of freebies on the economy, fiscal health, and the intended beneficiaries is essential. This evaluation can help identify any unintended consequences, potential wastage of resources, or negative effects on economic growth.
    • Public Awareness and Discourse: Creating public awareness about the implications of excessive freebies and the importance of responsible fiscal management. Encouraging open discourse and dialogue among citizens, policymakers, and experts can foster a deeper understanding of the long-term consequences of unsustainable giveaways.
    • Role of the Finance Commission: The Finance Commission can play a pivotal role in setting guidelines and recommendations for restraint on freebies. This includes providing advice on responsible fiscal management and ensuring that resource allocation aligns with long-term development goals.

    Conclusion

    • The Finance Commission plays a crucial role in India’s fiscal federalism. To address concerns regarding cesses, surcharges, and freebies, the Commission must provide clear guidelines, ensure transparency, and emphasize long-term fiscal sustainability. Stakeholder consultation, periodic evaluation, and public awareness are key to maintaining a balance between meeting welfare needs and promoting responsible fiscal management.

    Also read:

    The curious case of Fiscal Federalism in India

     

  • In news: Commission of Railway Safety (CRS)

    railway safety

    Central Idea: The Commissioner of Railway Safety (CRS) conducts investigations into train accidents, including the recent tragic train crash in Odisha.

    About Commissioner of Railway Safety (CRS)

    • Role of CRS: CRS is a government body responsible for railway safety oversight and carries out inspectorial, investigatory, and advisory functions as mandated by the Railways Act, 1989.
    • Headquarters: The CRS is headquartered in Lucknow, Uttar Pradesh, and operates under the administrative control of the Ministry of Civil Aviation (MoCA).

    Evolution of CRS and Safety Oversight

    • Early Railways in India: Private companies constructed and operated the first railways in India in the 1800s, with the British Indian government appointing consulting engineers for control and oversight.
    • Establishment of Government Inspectors: The consulting engineers were later designated as government inspectors, and in 1883, their position was recognized statutorily.
    • Inclusion in the Railway Board: In the early 1900s, the Railway Inspectorate came under the Railway Board, established in 1905, making the board the safety controlling authority for Indian railways.

    Separation of Safety Oversight and Railway Board

    • Government of India Act, 1935: The act stated that an independent authority, separate from the Railway Board, should be responsible for ensuring the safety of railway operations.
    • Delayed Implementation: The outbreak of World War II in 1939 delayed the separation, and the Railway Inspectorate continued to function under the control of the Railway Board.
    • Mount Panel Report: In 1939, the Mount Panel recommended the separation of the Railway Inspectorate from the Railway Board, acknowledging the board’s agreement with the proposal.

    Transfer of Railway Inspectorate’s Control

    • Central Legislature’s Endorsement: In 1940, the Central Legislature endorsed the separation of the Railway Inspectorate from the Railway Board.
    • Administrative Control Shift: In May 1941, the Railway Inspectorate was transferred from the Railway Board’s control to the Department of Posts and Air.
    • Renaming as CRS: The Inspectorate was renamed as the Commissioner of Railway Safety (CRS) in 1961 and placed under the administrative control of the ministry overseeing civil aviation.

    Functions and Responsibilities of CRS

    • Railway Safety Oversight: CRS is responsible for ensuring the safety of rail travel and operations in India.
    • Inspectorial Functions: CRS conducts inspections of railway infrastructure, equipment, and operations to ensure compliance with safety standards.
    • Investigatory Functions: CRS conducts thorough investigations into serious train accidents to determine the causes and make recommendations for improvements.
    • Advisory Functions: CRS provides expert advice and recommendations to the Ministry of Civil Aviation and other stakeholders on matters related to railway safety.
    • Collaboration with Railway Authorities: CRS works closely with the Ministry of Railways and the Railway Board to address safety concerns and implement safety measures.
    • Cooperation with Other Agencies: CRS collaborates with other agencies and organizations involved in railway safety, such as the National Safety Council and the Indian Railways Institute of Civil Engineering.

    Why does it function under MCA?

    • Insulation from Railway Establishment: CRS operates under the administrative control of the Ministry of Civil Aviation to maintain independence and prevent conflicts of interest.
    • Objective Decision-Making: Independence from the railway establishment ensures impartiality in accident investigations and safety oversight.
    • Enhanced Credibility: The separation of CRS from the Railway Board enhances the credibility of safety oversight and investigations.

    Future Challenges and Priorities

    • Modernization and Technology Integration: CRS focuses on integrating advanced technologies and modernizing railway infrastructure to enhance safety.
    • Safety Culture and Behavioral Change: Promoting a strong safety culture and fostering behavioral change among railway staff and passengers are key priorities.
    • Addressing Emerging Risks: CRS continuously assesses and addresses emerging safety risks, such as cybersecurity threats and climate change impacts, in railway operations.

    International Collaboration and Best Practices

    • Knowledge Sharing: CRS actively participates in international forums and collaborates with global railway safety organizations to exchange best practices and enhance safety standards.
    • Benchmarking and Learning: CRS benchmarks its safety practices against international standards and adopts relevant best practices to improve railway safety in India.
    • Harmonization of Safety Regulations: CRS contributes to the harmonization of safety regulations and standards with international frameworks to ensure interoperability and seamless rail connectivity.

  • GANHRI defers accreditation of India’s NHRC

    india nhrc ganhri

    Central Idea

    The Global Alliance of National Human Rights Institutions (GANHRI), a UN-recognized organization, has deferred the accreditation of India’s National Human Rights Commission (NHRC-India) for the second time in a decade.

    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 various countries
    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

     

    Reasons for India’s Deferment

    The GANHRI’s letter to the NHRC cited several reasons for the deferment of accreditation, including:

    • 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.
    • 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).

    Concerns highlighted against India

    • Many NGOs such as Amnesty International, Front Line Defenders etc. wrote a joint letter to GANHRI expressing their objections to NHRC India’s ‘A’ rank.
    • They highlighted the commission’s failure to protect marginalized communities, religious minorities, and human rights defenders.
    • The letter emphasized that the NHRC’s functioning has regressed since 2017, undermining its independence and adherence to the Paris Principles.

    Paris Principles and Accreditation Criteria

    The United Nations’ Paris Principles, adopted in 1993, serve as international benchmarks for accrediting National Human Rights Institutions (NHRIs). The Paris Principles outline six main criteria that NHRIs must meet:

    • Mandate and Competence: NHRIs should have a clear mandate and the necessary expertise to protect human rights effectively.
    • Autonomy from Government: NHRIs must operate independently from government influence or control.
    • Independence: NHRIs should have their independence guaranteed by a statute or constitution.
    • Pluralism: NHRIs should ensure diversity and inclusivity in their staffing and leadership positions.
    • Adequate Resources: NHRIs should have sufficient resources to carry out their mandated functions effectively.
    • Powers of Investigation: NHRIs should possess adequate investigative powers to address human rights violations.

    Background of NHRC-India

    • The NHRC-India was established under the Protection of Human Rights Act enacted by Parliament in 1993.
    • It has held ‘A’ status accreditation since the beginning of the NHRI accreditation process in 1999, which it retained in 2006, 2011, and 2017, despite a previous deferment.
    • This status allows participation in the work and decision-making of GANHRI, the Human Rights Council, and other U.N. mechanisms

    Response from India

    • The NHRC clarified that the deferment by the Sub Committee on Accreditation (SCA) does not affect its current ‘A’ status accreditation and associated privileges.
    • The reaccreditation process is still ongoing, and the SCA has recommended advocating with the government and Parliamentarians for legislative amendments to improve compliance with the Paris Principles.
    • The NHRC assured that they have addressed most of the issues raised by the SCA and will submit a response shortly as part of the ongoing process.

    Way Forward

    To address the concerns raised by GANHRI and human rights organizations, the NHRC-India should take the following steps:

    • Strengthen Independence: Ensure that the NHRC operates independently without political interference, safeguarding its credibility and effectiveness.
    • Promote Diversity: Take measures to enhance diversity in staffing and leadership positions within the NHRC to ensure a broader representation of society.
    • Improve Protection of Marginalized Groups: Develop comprehensive strategies and policies to provide effective protection and support to marginalized communities, religious minorities, and human rights defenders.
    • Address Legislative Amendments: Actively engage with the government and Parliamentarians to advocate for necessary legislative amendments that align with the Paris Principles and enhance compliance with international human rights standards.

    Conclusion

    • By implementing these measures, the NHRC-India can strengthen its functioning, regain the confidence of GANHRI and human rights organizations, and ensure the effective protection of human rights in India.

     

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  • 16th Finance Commission to be constituted in November

    The Union government is gearing up to constitute the Sixteenth Finance Commission in November this year to recommend the formula for sharing revenues between the Centre and the States for the five-year period beginning 2026-27.

    What is the Finance Commission?

    • The Finance Commission (FC) was established by the President of India in 1951 under Article 280 of the Indian Constitution.
    • It was formed to define the financial relations between the central government of India and the individual state governments.
    • The Finance Commission (Miscellaneous Provisions) Act, 1951 additionally defines the terms of qualification, appointment and disqualification, the term, eligibility and powers of the Finance Commission.
    • As per the Constitution, the FC is appointed every five years and consists of a chairman and four other members.
    • Since the institution of the First FC, stark changes in the macroeconomic situation of the Indian economy have led to major changes in the FC’s recommendations over the years.

    Constitutional Provisions

    Several provisions to bridge the fiscal gap between the Centre and the States were already enshrined in the Constitution of India, including Article 268, which facilitates levy of duties by the Centre but equips the States to collect and retain the same.

    Article 280 of the Indian Constitution defines the scope of the commission:

    1. Who will constitute: The President will constitute a finance commission within two years from the commencement of the Constitution and thereafter at the end of every fifth year or earlier, as the deemed necessary by him/her, which shall include a chairman and four other members.
    2. Qualifications: Parliament may by law determine the requisite qualifications for appointment as members of the commission and the procedure of selection.
    3. Terms of references: The commission is constituted to make recommendations to the president about the distribution of the net proceeds of taxes between the Union and States and also the allocation of the same among the States themselves. It is also under the ambit of the finance commission to define the financial relations between the Union and the States. They also deal with the devolution of unplanned revenue resources.

    Important functions

    • Devolution of taxes: Distribution of net proceeds of taxes between Center and the States, to be divided as per their respective contributions to the taxes.
    • Grants-in-aid: Determine factors governing Grants-in-Aid to the states and the magnitude of the same.
    • Augment states fund: To make recommendations to the president as to the measures needed to augment the Fund of a State to supplement the resources of the panchayats and municipalities in the state on the basis of the recommendations made by the finance committee of the state.
    • Any financial function: Any other matter related to it by the president in the interest of sound finance.

    Members of the Finance Commission

    • The Finance Commission (Miscellaneous Provisions) Act, 1951 was passed to give a structured format to the finance commission and to bring it to par with world standards.
    • It laid down rules for the qualification and disqualification of members of the commission, and for their appointment, term, eligibility and powers.
    • The Chairman of a finance commission is selected from people with experience of public affairs. The other four members are selected from people who:
    1. Are, or have been, or are qualified, as judges of a high court,
    2. Have knowledge of government finances or accounts, or
    3. Have had experience in administration and financial expertise; or
    4. Have special knowledge of economics

    Key challenges ahead for 16th FC

    • Overlap with GST Council: A key new challenge for the 16th FC would be the co-existence of another permanent constitutional body, the GST Council.
    • Conflict of interest: The GST Council’s decisions on tax rate changes could alter the revenue calculations made by the Commission for sharing fiscal resources.
    • Feasibility of recommendations: Centre usually takes the Commission’s recommendations on States’ share of tax devolution and the trajectory for fiscal targets into account, and ignores most other suggestions.

    Major outstanding recommendations

    • Creating a Fiscal Council: The 15th FC has suggested creating a Fiscal Council where Centre and States collectively work out India’s macro-fiscal management challenges, but the government has signalled there is no need for it, he pointed out.
    • Creating a non-lapsable fund for internal security: The centre accepted to set up a non-lapsable fund for internal security and defense ‘in principle’, its implementation still has to be worked out.

  • Lok Sabha clears forming GST Appellate Tribunal

    The Lok Sabha passed Finance Bill, 2023 with some amendments, including one that seeks to set up the much-awaited GST Appellate Tribunal (GSTAT), which will deal with tax disputes.

    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

    Composition of GSTAT

    • GSTAT will have a “Principal Bench” in New Delhi.
    • It would have the President (probably a former Supreme Court judge), a judicial member, a technical member (centre), and a technical member (state).
    • It will also have state benches.
    • Appeals pertaining to disputes of less than Rs. 50 lakh that don’t deal with a question of law could be decided by a single-member bench, as per the norms approved by the GST Council.

    Why need 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 the 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.

    Back2Basics: Finance Bill

    • A Finance Bill is a proposed legislation that is introduced by the government to implement the financial proposals of the Union Budget for the upcoming financial year in India.
    • It is a comprehensive document that outlines the government’s revenue and expenditure for the year, including changes in tax laws, tariffs, customs duties, and other fiscal measures.
    • Since the Union Budget deals with these things, it is passed as a Finance Bill.

    Types of Finance Bills

    • There are different kinds of Finance Bills — the most important of them is the Money Bill. The Money Bill is concretely defined in Article 110.
    • In India, there are three types of Finance Bills that can be introduced in the Parliament:
    1. Annual Finance Bill: This is the most common type of Finance Bill and is introduced by the government every year to give effect to the tax proposals announced in the Union Budget. It contains provisions related to taxation, expenditure, and revenue collection for the upcoming financial year.
    2. Finance Bill (Money Bill): A Money Bill is a type of Finance Bill that contains only provisions related to taxation and expenditure, but does not include any other matter. Money Bills are deemed to be passed by the Lok Sabha, the lower house of Parliament, and do not require approval from the Rajya Sabha, the upper house of Parliament.
    3. Finance Bill (Non-Money Bill): This type of Finance Bill contains provisions related to taxation and other matters, such as changes in the structure of regulatory bodies or the introduction of new policies. Unlike Money Bills, Non-Money Bills must be passed by both the Lok Sabha and the Rajya Sabha to become law.

    How is money bill different from Finance Bill?

    • A Money Bill is certified by the Speaker as such — in other words, only those Financial Bills that carry the Speaker’s certification are Money Bills.
    • Article 110 states that a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters:

    (a) the imposition, abolition, remission, alteration or regulation of any tax;

    (b) the regulation of the borrowing of money or any financial obligations undertaken

    (c) the custody of the consolidated Fund or the Contingency Fund of India, the payment of moneys into or the withdrawal of moneys from any such Fund;

    (d) the appropriation of moneys out of the consolidated Fund of India;

    (e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure;

    (f) the receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money or the audit of the accounts of the Union or of a State; or

    (g) any matter incidental to any of the matters specified in sub clause (a) to (f)

     

     

     

  • GST Appellate Tribunal gets nod

    The GST Council reached a broad consensus on setting up GST Appellate Tribunal; likely to be included in Finance Bill 2023.

    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

    Why need 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.

    How is it being established?

    • The proposed GST Appellate Tribunal is expected to be included in the Finance Bill 2023.
    • This means that it will become a part of the central government’s budget, and will have legal standing.

    Do you know?

    Income Tax Appellate Tribunal (ITAT) was the first Tribunal in India to be created on 25th January, 1941 and is also known as ‘Mother Tribunal’! And it functions under the Ministry of Law and Justice and not the obvious looking Ministry of Finance.

    Back2Basics: What is a Finance Bill?

    • A Finance Bill is a proposed legislation that is introduced by the government to implement the financial proposals of the Union Budget for the upcoming financial year in India.
    • It is a comprehensive document that outlines the government’s revenue and expenditure for the year, including changes in tax laws, tariffs, customs duties, and other fiscal measures.
    • Since the Union Budget deals with these things, it is passed as a Finance Bill.

    Types of Finance Bills

    • There are different kinds of Finance Bills — the most important of them is the Money Bill. The Money Bill is concretely defined in Article 110.
    • In India, there are three types of Finance Bills that can be introduced in the Parliament:
    1. Annual Finance Bill: This is the most common type of Finance Bill and is introduced by the government every year to give effect to the tax proposals announced in the Union Budget. It contains provisions related to taxation, expenditure, and revenue collection for the upcoming financial year.
    2. Finance Bill (Money Bill): A Money Bill is a type of Finance Bill that contains only provisions related to taxation and expenditure, but does not include any other matter. Money Bills are deemed to be passed by the Lok Sabha, the lower house of Parliament, and do not require approval from the Rajya Sabha, the upper house of Parliament.
    3. Finance Bill (Non-Money Bill): This type of Finance Bill contains provisions related to taxation and other matters, such as changes in the structure of regulatory bodies or the introduction of new policies. Unlike Money Bills, Non-Money Bills must be passed by both the Lok Sabha and the Rajya Sabha to become law.

    How is money bill different from Finance Bill?

    • A Money Bill is certified by the Speaker as such — in other words, only those Financial Bills that carry the Speaker’s certification are Money Bills.
    • Article 110 states that a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters:

    (a) the imposition, abolition, remission, alteration or regulation of any tax;

    (b) the regulation of the borrowing of money or any financial obligations undertaken

    (c) the custody of the consolidated Fund or the Contingency Fund of India, the payment of moneys into or the withdrawal of moneys from any such Fund;

    (d) the appropriation of moneys out of the consolidated Fund of India;

    (e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure;

    (f) the receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money or the audit of the accounts of the Union or of a State; or

    (g) any matter incidental to any of the matters specified in sub clause (a) to (f)

     

     

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  • Central Information Commission (CIC) and The RTI

    Information

    Context

    • The most vital mandate of the Central Information Commission, the apex body under India’s transparency regime, is to decide the disclosure or the non-disclosure of information. But the commission has seemingly relinquished this primary duty in cases of larger public importance.

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    All you need to know about Central Information Commission (CIC)

    • Chief Information commissioner (CIC): Chief Information commissioner who heads all the central departments and ministries- with their own public information officers (PIO)s. CICs are directly under the President of India.
    • Composition: The Commission consists of a Chief Information Commissioner and not more than ten Information Commissioners. At present (2019), the Commission has six Information Commissioners apart from the Chief Information Commissioner.
    • Appointment: They are appointed by the President on the recommendation of a committee consisting of the PM as Chairperson, the Leader of Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the PM.
    • Office term: The CIC/IC shall hold office for such term as prescribed by the Central Government or until they attain the age of 65 years, whichever is earlier. They are not eligible for reappointment.
    • Power and functions:
    • It is the duty of the Commission to receive and inquire into a complaint from any person regarding information request under RTI, 2005.
    • The Commission can order an inquiry into any matter if there are reasonable grounds (suo-moto power).
    • While inquiring, the Commission has the powers of a civil court in respect of summoning, requiring documents etc.

    Information

    Procedure of RTI and the role of CIC

    • Provision to File and application and seek guaranteed reply: Citizens can file applications under the Right to Information Act with any public body and are guaranteed a reply from the public information officer of that public body within 30 days.
    • Provision of appeal in case of dissatisfaction:
    • In case of a no reply or dissatisfaction with the response, the citizen can file an appeal at the departmental level and then a second and final appeal with the Information Commission.
    • Each State has its own State Information Commission to deal with second appeals concerning State bodies. At the Centre, it is the Central Information Commission (CIC).

    Information

    How RTI amendment, 2019 has changed CIC?

    • Before the amendment to the Until the 2019 amendment to the RTI Act, Information Commissioners (ICs) appointed to the CIC were equal in status to the Chief Election Commissioner, and that of a Supreme Court judge. They had a five­-year fixed term and terms of service.
    • After the amendments of 2019, the Centre gave itself powers to change and decide these terms whenever it wished, thereby striking at the independence of the commission and those who man it.

    What are the concerns raised over the changed approach of CIC?

    • Decreasing accountability: Records show that not a single order for disclosure has been forthcoming in matters of public importance. The present set of Information Commissioners have together adopted a new jurisprudence that has created additional hurdles in a citizen’s quest for accountability.
    • Systematic ignorance to the mandate of non-disclosure: The Commission has adopted a new way of delegating its mandate to decide cases to the Ministry before it. In most cases, the Ministries reiterate their earlier stand of non­disclosure, most often under vague grounds of national interest.
    • Refusing to its duty: After these public authorities pass fresh orders, which are usually a reiteration of their earlier stand against disclosure, the CIC refuses to accept any further challenge to such orders, therefore, refusing to do its duty of deciding the cases.
    • Ignoring the principle of natural justice: One of the cardinal rules of natural justice is that no one should be a judge in their own cause. However, the commission now allows, or rather wants, the very Ministry that stands accused of violating the RTI Act to act as the judge in their own cause and decide whether a disclosure is necessary.
    • New instruments such as pending cases and stay orders: A case to keep pending for final order or a stay order is unheard of and there is no provision in the RTI Act for the same.
    • Officers have no fear of any penal provisions: Bureaucrats reject RTIs with glee with no fear of facing penal provisions outlined in Section 20 of the RTI Act, knowing fully well that they have a free hand under the Information Commissioners.

    Back to basics: The Right to Information

    • RTI is an act of the parliament which sets out the rules and procedures regarding citizens’ right to information.
    • It replaced the former Freedom of Information Act, 2002.
    • Under the provisions of RTI Act, any citizen of India may request information from a “public authority” (a body of Government or “instrumentality of State”) which is required to reply expeditiously or within 30.
    • In case of the matter involving a petitioner’s life and liberty, the information has to be provided within 48 hours.
    • The Act also requires every public authority to computerize their records for wide dissemination and to proactively publish certain categories of information so that the citizens need minimum recourse to request for information formally.

    Information

    Conclusion

    • Dark clouds surround India’s transparency regime. Citizens have to mount intense pressure on authorities to act and appoint commissioners of integrity. Lawyers have to help willing citizens take matters to court and seek justice.

    Mains question

    Q. What are the role and functions of Central Information Commission? CIC’s deviance from its duty may undermine citizens’ power of right to information.

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  • Quasi-Judicial Bodies

    Quasi-Judicial

    Context

    • There is a class of quasi-judicial agencies that are not discussed in conversations on the pendency of cases. Their failure to administer speedy justice leads to harassment of citizens, besides abetting criminal activity by unscrupulous elements.

    What are the quasi-judicial bodies

    • Role of adjudicating the law: A quasi-judicial body is “an organ of Government other than a Court or Legislature, which affects the rights of private parties either through adjudication or rulemaking”.
    • Not a court of law: It is not mandatory that a Quasi-Judicial Body has to necessarily be an organization resembling a Court of Law. For example, the Election Commission of India is also a Quasi-Judicial Body but does not have its core functions as a Court of Law.
    • Some examples of Quasi-Judicial Bodies: Election Commission of India, National Green Tribunal, Central Information Commission (CIC), Lok Adalat etc.

    Functioning of quasi-judicial bodies

    • Supervise the administrative disputes: They primarily oversee the administrative zones. The courts have the power to supervise over all types of disputes but the quasi-judicial bodies are the ones with the powers of imposing laws on administrative agencies.
    • Lessen the burden on courts: These bodies support to lessen the burden of the courts. Quasi-judicial activity is restricted to the issues that concern the particular administrative agency. Quasi-judicial action may be appealed to a court of law.
    • Limited role of adjudication: Their powers are usually limited to a particular area of expertise, such as financial markets, employment laws, public standards, immigration, or regulation.
    • Rules of justice are pre-determined: Awards and judgements of quasi-judicial bodies often depend on a pre-determined set of rules or punishment depending on the nature and gravity of the offence committed.
    • Its award can be challenged in court: Such punishment may be legally enforceable under the law of a country it can be challenged in a court of law which is the final vital authority.

    Problems faced by quasi-judicial authorities

    • Understaffing of bodies: The maladies that these agencies suffer from are far graver than judicial set-ups, as they are staffed by revenue authorities who have several other functions. Usually, many of these offices are understaffed.
    • More administrative and less judicial work: Their engagement with duties such as law and order, protocol, coordination and other administrative functions leaves them with much less time for court work.
    • Limited access to records: Their access to court clerks and record keepers is limited. Computers and video recorders are not available in many of these courts. Only a few states such as Maharashtra, Madhya Pradesh and Rajasthan have electronic platforms for supporting activities such as the filing of cases, publication of cause lists and sending summons.
    • Lack of knowledge about procedures: Several of the presiding officers lack proper knowledge of law and procedures which has landed many a civil servant in deep trouble in sensitive matters such as those related to arms licences.
    • Data is unavailable: Data on the level of pendency or the speed of disposal is not compiled in many states. This is why there is scarcely any attempt to increase staff strength. There is hardly any public scrutiny say by the press or legislature.

    How to improve the functioning of Quasi-judicial bodies?

    • Priority of the government: The government should make the efficient functioning of these agencies a priority and clearly articulate its position on the issue.
    • Collection of data is must: Detailed data on the functioning of these agencies must be collected and published from time to time at least annually.
    • Digitization of judicial data: An electronic platform should be established to handle all ancillary work related to the administration of justice, such as filing of complaints, issue of summons, movement of case records between courts, issuing copies of the judgments and so on.
    • Mandatory annual inspection: annual inspections of the subordinate courts should be made mandatory. This should be an important indicator for assessment by the superior authority.
    • Study on functioning of this bodies: Interdisciplinary research on the functioning of these courts should be encouraged. This would identify the areas of improvement such as legal reforms or issue of clear guidelines.
    • Time to time training of authorities: Regular training and orientation of the adjudicating authorities should be taken up from time to time.
    • State performance index should be published: The state index of performance of these quasi-judicial courts be made and published.
    • Online publication of awards by authorities: Important decisions, guidelines and directions could be compiled and published on the portal of the apex adjudicating forum such as the Board of Revenue.
    • Rigorous induction training: More rigorous induction training of officials handling judicial work would help. The importance of judicial work should be instilled among the trainees and the skill and confidence in handling them should be developed.
    • Procedural reforms: Procedural reforms such as minimizing adjournments, mandatory filing of written arguments and other such reforms proposed by bodies like the Law Commission for reform of the Civil Procedure Code should be adopted by these adjudicating bodies.

    Conclusion

    • Quasi-judicial bodies form the substantial institutions of judicial system. It is regularly side-lined when we talk about the judicial reforms. If we could make our quasi-judicial bodies function properly and efficiently, it will reduce the burden on High courts and Supreme court.

    Mains Question

    Q. Why the quasi-judicial bodies are underperforming in India? Which steps are needed to improve the functioning of quasi-judicial bodies?

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