Note4Students
From UPSC perspective, the following things are important :
Prelims level: Remission of Sentences
Mains level: Bilkis Bano Verdict
Introduction
- Supreme Court’s Ruling: The Supreme Court struck down the remission granted to 11 men convicted in the 2002 Bilkis Bano Gangrape Case.
- Gujarat Government’s Action Deemed Illegal: The court declared the Gujarat government’s decision to release the convicts as illegal, citing jurisdictional issues.
Remission of Sentences: Constitutional Analysis
|
Details |
| What is Remission? |
Complete ending of a sentence at a reduced point;
Nature of the sentence remains unchanged, but the duration is reduced;
Conditional release; breach of conditions leads to cancellation. |
| Constitutional Provisions |
Article 72: President’s pardoning powers
Article 161: Governor’s pardoning powers
President’s pardoning power >>> Governor’s |
| Statutory Power of Remission |
Provided under the Code of Criminal Procedure (CrPC)
Sections 432 and 433 allow suspension, remission, or commutation of sentences |
| Background of Remission System |
Defined under the Prison Act, 1894;
Observed in Kehar Singh vs. Union of India (1989) and
State of Haryana vs. Mahender Singh (2007) cases |
| Latest MHA Guidelines |
Special Remission Guidelines to commemorate 75th year of Independence as part of the Azadi Ka Amrit Mahotsav celebrations. |
| Eligibility for Special Remission |
Women and transgender convicts aged 50+
Male convicts aged 60+, having completed 50% of their sentence
Physically challenged convicts with 70% + disability, having completed 50% of their sentence
Terminally ill convicts who have completed 66% of their sentence
Poor prisoners detained due to non-payment of fines
Young offenders aged 18-21 with no other criminal involvement, having completed 50% of their sentence |
| Exclusions from the Scheme |
Convicts with death sentences or life imprisonment;
Convicts involved in terrorist activities or convicted under specific acts like TADA, POTA, UAPA, etc.
Convicts of offences like dowry death, counterfeiting, rape, human trafficking, POCSO Act violations, etc. |
Core Issue before the Court
- Question of Authority: The central issue was whether the Gujarat government had the authority to issue remission orders for the convicts.
- Jurisdictional Clarification: The crime occurred in Gujarat, but the trial was held in Mumbai. The Supreme Court clarified that the appropriate government for remission decisions is where the sentencing occurred, not where the crime was committed.
Understanding Remission of Sentences
- Constitutional and Legal Provisions: Articles 72 and 161 of the Constitution and Section 432 of the CrPC empower the President, Governors, and state governments to remit sentences.
- Restrictions Under Section 433A of the CrPC: This section imposes limitations on remission for life imprisonment cases, requiring a minimum of 14 years of imprisonment.
Grounds for Remission
- Sentence Review Board’s Role: States have a Sentence Review Board to exercise powers under Section 432 of the CrPC.
- Supreme Court Guidelines: The court mandates due process in remission decisions, considering factors like the crime’s seriousness, co-accused status, and jail conduct.
- Criteria Established in ‘Laxman Naskar v. Union of India’ (2000): The Supreme Court outlined five specific grounds for considering remission:
(a) Whether the offence is an individual act of crime that does not affect society.
(b) The likelihood of the crime being repeated in the future.
(c) Whether the convict has lost the potentiality to commit a crime.
(d) The purpose served by keeping the convict in prison.
(e) Socio-economic conditions of the convict’s family.
The Bilkis Bano Case Specifics
- Convict’s Appeal for Remission: A convict appealed to the Supreme Court for premature release under Gujarat’s 1992 remission policy.
- Supreme Court’s Initial Directive: The court initially directed the Gujarat government to consider Shah’s application as per the 1992 policy.
Gujarat’s Remission Policy and Its Implications
- 1992 Policy vs. 2014 Policy: The 1992 policy, under which remission was sought, was invalidated by the Supreme Court in 2012.
- Gujarat Government’s Argument: The state argued that the 1992 policy was applicable as the conviction occurred in 2008, before the 2014 policy with stricter guidelines was formulated.
Aftermath of the Remission Grant
- Public Outrage: The release of the convicts sparked widespread outrage and was perceived as a miscarriage of justice.
- Bilkis Bano’s Appeal: Bilkis Bano challenged the remission in the Supreme Court, highlighting the heinous nature of the crime and its impact on society.
Conclusion
- Restoration of Legal Integrity: The Supreme Court’s decision to overturn the remission restores faith in the legal system’s commitment to justice.
- Reaffirmation of Jurisdictional Authority: The ruling clarifies the jurisdictional authority in remission cases, reinforcing the importance of due process and legal consistency.
- Broader Implications: This judgment sets a precedent for future remission cases, emphasizing the need for careful consideration of the crime’s nature and societal impact in such decisions.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Lakshadweep
Mains level: Tourism potential of Lakshadweep
Introduction
- PM’s recent trip to Lakshadweep has brought the islands into the national conversation.
About Lakshadweep
|
Details |
| Location |
In the Arabian Sea, off the southwestern coast of India. |
| Geographical Formation |
Formed by coral activities and have a coral atoll structure. |
| Formation as UT |
Formed as a Union Territory of India in 1956. |
| Total Islands |
Comprises 36 islands, including atolls, coral reefs, and submerged banks. |
| Inhibition |
10 of the 36 islands are inhabited. |
| Capital |
Kavaratti is the capital of the Union Territory. |
| Area |
Total area of 32 sq km. |
Cultural Uniqueness of Lakshadweep
- Diverse Influences: The islands exhibit a unique blend of cultural influences from Malayalis, Arabs, Tamils, and Kannadigas.
- Distinct Islamic Practice: The form of Islam practiced here is distinct from the rest of India, reflecting the islands’ diverse ethnic and linguistic heritage.
Historical Roots: A Pre-Islamic Hindu Society
- Early Settlers: Scholar Andrew W Forbes suggests that the first settlers were likely Malabari sailors, possibly castaways.
- Hindu Influence: Evidence points to a pre-Islamic Hindu society, with remnants like buried idols and traditional songs hinting at past Hindu practices.
Conversion to Islam: A Gradual Transition
- Arab Influence: Regular contact with Arab merchants and sailors led to the gradual conversion of islanders to Islam, distinct from the Islamic practices in mainland India.
- Peaceful Introduction of Islam: Historian Mahmood Kooria notes that Islam’s introduction in the region, including Lakshadweep, was marked by minimal political conflict, primarily through commercial interactions.
Cultural Development: Insulation from Mainland Influences
- Control by the Arakkal Kingdom: In the 16th century, the islands fell under the Arakkal kingdom of Kannur, Kerala’s only Muslim dynasty.
- European Interactions: Despite conflicts with European powers, the islands maintained a degree of protection and isolation.
- British Era: The British rule further insulated Lakshadweep, allowing its culture to evolve distinctly from mainland India.
- Linguistic Diversity: The islands’ isolation is reflected in their linguistic diversity, with Malayalam, Jazari, and Mahl being the main languages.
Matrilineal Society: A Unique Aspect of Lakshadweep’s Islam
- Matriliny in Islamic Society: Lakshadweep’s Islamic society is characterized by matriliny, tracing descent and property through the mother’s line.
- Anthropological Perspectives: Anthropologist Leela Dube highlights the compatibility of matriliny with Islam in Lakshadweep, contrary to conventional Islamic practices.
- Kerala’s Influence: Historian Manu Pillai links the matrilineal tradition to Kerala’s cultural patterns, where Nairs and Namboodiris practised matriliny.
- Broader Indian Ocean Context: Kooria points out that matriliny is common among Muslims in the Indian Ocean region, suggesting a broader cultural context.
Religious and Sociological Interpretations
- Islamic Justification for Matriliny: Islanders believe their matrilineal practice aligns with Islam, citing Prophet Muhammad’s life with his first wife, Khadija.
- Sociological Viewpoint: Dr. N P Hafiz Mohamad emphasizes that the islanders see matriliny as integral to their Islamic practice.
Conclusion
- Preservation of Unique Traditions: Lakshadweep’s relative isolation has helped preserve its unique cultural and religious practices.
- Integration of Diverse Influences: The islands represent a remarkable integration of various cultural and religious influences, forming a distinct identity within the Indian subcontinent.
- Significance in Broader Indian Ocean Culture: Lakshadweep’s cultural practices, particularly its matrilineal society, highlight the interconnectedness and diversity of cultures across the Indian Ocean region.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Afforestation in India
Introduction
- National and International Commitments: Tree planting by state forest departments is propelled by India’s National Forest Policy, global restoration commitments, and central government initiatives like the Green India Mission.
- Forest Cover Targets: The emphasis on forest cover in financial allocations by the Finance Commission further motivates states to increase forested areas.
Geographical and Ecological Context
- Tropical Dry Forest Biome: Over three-fifths of India, spanning from the Shivaliks in the north to the Eastern Ghats in Tamil Nadu, falls under this biome.
- Sparse Tree Cover and Drought-Prone Areas: This region, characterized by sparse tree cover and less than 1,000 mm of annual rainfall, is susceptible to drought.
- Dependence of Rural Population: These landscapes are crucial for cattle grazing and support endangered fauna like wolves, striped hyenas, and blackbucks.
Recent Trends in Forest Cover Expansion
- Significant Increase in Andhra Pradesh and Telangana: Between 2006 and 2015, these states collectively added significant forest cover, further augmented by Telangana through schemes like Haritha Haram.
- Satellite Imagery and Dense Plantations: To be detected by satellite, dense plantations of fast-growing species like teak, eucalyptus, and bamboo are favored over natural sparse canopy.
Consideration for Tree Plantation
- Site Selection: Choose appropriate locations such as public parks, schools, and degraded lands for tree plantation. Focus on areas with adequate sunlight, proper drainage, and enough space for the tree to grow.
- Native Tree Species: Opt for planting native tree species as they are well-adapted to the local climate and support the region’s biodiversity. Some popular choices in India include neem, banyan, peepal, mango, and teak.
- Planting Season: The ideal time for tree plantation in most parts of India is during the monsoon season (June to September). This period provides sufficient rainfall, which helps with the establishment and growth of newly planted trees.
Challenges and Impacts of Current Tree Planting Practices
- Questionable Forest Cover Targets: The 33% forest cover target lacks a scientific basis, as does the 26 million hectares target under the 2011 Bonn Challenge.
- Negative Ecological Consequences: Excessive tree planting can lead to the loss of biodiverse grasslands and scrub ecosystems, impacting pastoral communities and water availability in river basins.
Recommendations for Policy Revision
- Recognition of Varied Ecosystems: The 15th Finance Commission’s acknowledgement of diverse forest canopy densities is a positive step, but it overlooks the importance of grasslands and open scrub ecosystems.
- Alternative Restoration Approaches: Restoring degraded lands to their original grassland or scrub states with native trees is more beneficial than creating monoculture plantations.
- Revising National Forest Policy Targets: It’s crucial to update the target forest cover to promote the conservation of grasslands and open ecosystems in their natural state.
- Beyond Satellite Imagery for Monitoring: Restoration programs should not solely rely on satellite imagery, as tree cover alone is not a comprehensive indicator of ecosystem health.
Conclusion
- Need for Holistic Approaches: A top-down policy approach focused on tree planting can lead to long-term ecological imbalances and wasteful expenditures.
- Balancing Ecological and Economic Goals: Revising tree plantation strategies and forest policies is essential to achieve ecological balance and protect diverse ecosystems, while also meeting economic objectives.
- Incentivizing Conservation of Diverse Landscapes: Policies should incentivize the preservation of varied landscapes, including grasslands and scrublands, recognizing their ecological and economic value.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Superconductivity, LK-99
Mains level: Read the attached story
Introduction
What is Superconductivity?
- Zero Resistance: Superconductivity occurs when a material offers almost zero resistance to the flow of electric current, enabling energy-efficient electrical appliances and lossless power transmission.
- Magnetic Behavior: Superconductors also display fascinating behavior under magnetic fields, enabling technologies like MRI machines and superfast Maglev trains.
Exploring the Material LK-99
- Apatite Structure: The Korean group utilized copper-substituted lead apatite, a phosphate mineral with unique tetrahedral motifs, to create LK-99.
- Superconducting Behavior: LK-99 displayed essential superconducting properties, with almost zero resistance to current flow and sudden emergence of resistance above a critical current threshold.
- Magnetic Resilience: LK-99 retained superconductivity even under the presence of a magnetic field until reaching a critical threshold.
Meissner Effect: Key Indicator of Superconductivity
- Definition: The Meissner effect is a phenomenon where materials expel magnetic fields from their interior upon becoming superconductors.
- Observation in Study: The researchers observed this effect in copper-substituted lead apatite, suggesting potential superconductivity.
Quest for Room-Temperature Superconductors
- Significance: Discovering a material that is superconducting at room temperature and pressure (RTP) has immense scientific and commercial value.
- Applications: RTP superconductors could revolutionize power transmission, medical diagnostics, computing, and more, due to their ability to conduct electricity without loss.
Hype and Controversies in Superconductivity Research
- Past Controversies: The field has seen several disputes, including claims by Ranga Dias and a South Korean research group, which were later contested.
- Impact of Hype: The lucrative potential of RTP superconductors has sometimes led to premature claims and controversies in the scientific community.
New Study: Methodology and Findings
- Approach: The team synthesized LK-99 samples using advanced techniques and tested for signs of superconductivity beyond specific claims made by previous studies.
- Direct Current Measurements: They conducted hysteresis experiments, applying and removing a magnetic field to observe the material’s response at various temperatures.
Understanding Hysteresis in Superconductors
- Meissner Effect and DC Current: The Meissner effect is observable with direct current, as alternating current would disrupt the phenomenon.
- Type I and II Superconductors: The study helps distinguish between these types based on how they respond to increasing magnetic field strength.
Challenges and Limitations of the Study
- Small Superconducting Portions: The material’s superconducting sections were small, leading to a low critical magnetic field strength.
- Interference Issues: The presence of cuprous sulphide interfered with molecular structure analysis using X-rays.
Way Forward: Verifying RTP Superconductivity
- Potential for RTP Superconductivity: While the study suggests near-RTP superconductivity in LK-99, definitive observation is yet to be made.
- Need for Further Research: Identifying the material responsible for superconductivity and refining synthesis techniques are crucial next steps.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: CLPS Space Initiative
Mains level: Not Much
Introduction
- A private US company launched a spacecraft carrying NASA instruments, aiming to be the first US spacecraft to land on the Moon in over 50 years.
- This mission is a key component of NASA’s Commercial Lunar Payload Services, integrating private sector capabilities into the Artemis Program.
About Commercial Lunar Payload Services (CLPS) Initiative
- NASA’s collaboration with the private sector under the CLPS initiative involves at least 14 companies contracted to deliver payloads to the Moon.
- This partnership aims to develop a market and technology ecosystem in the private space industry for lunar exploration.
- The mission features the Peregrine lander and the Vulcan rocket, both developed by private US space companies.
Objectives and Payloads
- NASA’s Five Payloads: The Peregrine lander carries five NASA payloads designed for various exploratory tasks, including water detection.
- Laser Retroreflector Array: One payload, designed for precision distance measurements, will be permanently deployed on the Moon’s surface.
- Duration of Activity: Other payloads are expected to remain active for ten days post-landing.
Historical Context: Return to the Moon
- Last US Moon Landing: The last US spacecraft landed on the Moon during the Apollo 17 mission in December 1972.
- Renewed Lunar Interest: The US reignited its lunar exploration efforts in the 1990s and formally committed to return in 2018.
- Artemis Program Goals: NASA’s Artemis Program aims to establish a permanent base on the Moon, facilitating longer human and robotic stays for extensive exploration and scientific research.
Back2Basics: NASA’s Artemis Mission
|
Details |
| Background |
Named after Apollo’s twin sister in Greek mythology, Artemis, who is also the goddess of the Moon. |
| Objective |
To enable human exploration to the Moon and Mars, with increasingly complex missions. |
| Key Milestones |
Landing humans on the Moon by 2024.
Landing the first woman and first person of color on the Moon.
Establishing an Artemis Base Camp on the lunar surface and a Gateway (lunar outpost) in lunar orbit. |
| International Collaboration |
Canadian Space Agency, European Space Agency, and Japan Aerospace Exploration Agency |
| Artemis I Mission |
First integrated flight test of NASA’s Deep Space Exploration Systems
Uncrewed mission using the Orion spacecraft and Space Launch System (SLS) rocket
Launch from Kennedy Space Center, Florida, in 2022
Goals include safe crew module entry, descent, splashdown, and recovery |
| Future Missions |
Artemis II will have a crew onboard to test Orion’s systems
Plans to use lunar orbit experience for future Mars missions |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Carbon Credit Trading System (CCTS)
Mains level: A concerning development for India is the European Union (EU)’s Carbon Border Adjustment Mechanism (CBAM).
Central Idea:
The European Union’s Carbon Border Adjustment Mechanism (CBAM) poses a significant challenge to India’s manufacturing sector. This policy aims to tax carbon-intensive imports into the EU, impacting key sectors like steel. India’s response involves considering legal challenges and negotiating with the EU while simultaneously developing its own carbon trading mechanisms.
Key Highlights:
- The CBAM is part of the EU’s strategy to achieve a 55% reduction in greenhouse gas emissions by 2030.
- India, a top exporter to the EU, is expected to be adversely affected, particularly in sectors like steel.
- India is developing its own Carbon Credit Trading System (CCTS) to combat climate change and incentivize clean energy investments.
Key Challenges:
- India faces the challenge of protecting its industries from the potential negative impacts of CBAM.
- Limited time to formulate and implement effective carbon taxation measures aligning with the Paris Agreement.
- The EU’s failure to consider factors like cheap labor and alternative production modes influencing industry shifts.
Key Terms:
- Carbon Border Adjustment Mechanism (CBAM)
- Greenhouse Gas (GHG) emissions
- Carbon Credit Trading System (CCTS)
- Paris Agreement
- Special and Differential Treatment provisions
Key Phrases:
- “Ill-conceived move” – Referring to the Commerce and Industry Minister’s criticism of the CBAM.
- “Death knell for India’s manufacturing sector” – Describing the potential impact of the carbon tax on Indian industries.
- “Common but differentiated responsibilities” – Principle agreed upon under the Paris Agreement.
- “Carbon leakage” – The risk of carbon-intensive production moving from the EU to countries with lax environmental regulations.
Key Quotes:
- “Proposed carbon tax on imports is an ill-conceived move… death knell for India’s manufacturing sector.” – Commerce and Industry Minister.
- “India has challenged the CBAM before the World Trade Organization under the special and differential treatment provisions.”
Key Statements:
- The CBAM is seen as a threat to India’s manufacturing sector and competitiveness in the EU market.
- India is working on its own carbon trading mechanisms, including the CCTS and the Green Credit Programme Rules.
Key Examples and References:
- UK’s plan to enforce its own CBAM by 2027, adding to the challenges faced by India’s exports.
Key Facts:
- 27% of India’s exports of iron, steel, and aluminum products worth $8.2 billion went to the EU in 2022.
Critical Analysis:
- The EU’s focus on reducing carbon emissions should consider broader factors influencing industry shifts.
- India’s challenge lies in balancing environmental concerns with protecting its industries and economic interests.
Way Forward:
- India should actively negotiate with the EU to explore pragmatic solutions, such as returning tax funds for green technologies.
- Swift action is crucial for India to formulate and implement its own carbon taxation measures aligned with the Paris Agreement.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Mulya Pravah 2.0
Mains level: unethical practices in higher education
Central Idea:
The article discusses the University Grants Commission’s (UGC) guideline, Mulya Pravah 2.0, aimed at instilling human values and ethics in higher education institutions. It emphasizes the need for transparency, accountability, and ethical conduct among administrators, teachers, and students.
Key Highlights:
- Mulya Pravah 2.0 addresses unethical practices in higher education, identified through a survey of human resource managers.
- The guideline focuses on transparency, accountability, and fairness in decision-making processes.
- It calls for the eradication of discriminatory privileges, punishment for corruption, and encourages a conducive culture for teaching, learning, and research.
Key Challenges:
- The article suggests that the guideline may be seen as a mere formality unless backed by sincere efforts to implement its provisions effectively.
- The emphasis on confidentiality conflicts with the right to information, raising concerns about accountability.
- The expectation for unions to support administration activities may limit their role in protecting the rights and interests of their members.
Key Terms/Phrases:
- Mulya Pravah 2.0
- Unethical practices
- Transparency and accountability
- Discriminatory privileges
- Conducive culture
- Right to information
- Staff and student unions
Key Quotes:
- “The UGC must get credit for notifying the guideline.”
- “Higher education institutions must voluntarily disclose critical information and subject themselves to public scrutiny.”
- “Teaching is a noble profession, and teachers play a crucial role in shaping the character, personality, and career of the students.”
Key Statements:
- The guideline emphasizes the importance of transparency in administration and urges punishment for corrupt practices.
- Mulya Pravah 2.0 expects staff and student unions to support administration in development activities.
Key Examples and References:
- Survey findings on unethical practices in organizations.
- Mention of the need for public disclosure of critical information by higher education institutions.
Key Facts/Data:
- Mulya Pravah 2.0 is a modified version of a guideline notified in 2019.
- The guideline highlights various unethical practices prevalent in organizations.
Critical Analysis:
- The article suggests that the guideline, while commendable, may face challenges in implementation, especially regarding the conflicting emphasis on confidentiality and the role of unions in supporting administration activities.
Way Forward:
- Ensure sincere efforts to implement Mulya Pravah 2.0 effectively.
- Address concerns related to confidentiality and right to information.
- Encourage a collaborative approach between administration and unions for the betterment of higher education institutions.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Jan Vishwas Act
Mains level: potential challenges and consequences of shortcut methods in law enforcement
Central Idea:
- The article explores challenges to the credibility of the rule of law, emphasizing the delicate balance between traditional norms and modern adaptations.
- Recent legal reforms in India, particularly the Jan Vishwas Act, are discussed, along with concerns about potential abuses of power through shortcuts in law enforcement.
Key Highlights:
- The article underscores the significance of faith in the inherent goodness of legal norms for trust in the rule of law.
- Discussion on the Jan Vishwas Act addressing outdated laws to facilitate business activities and reduce compliance burdens.
- Replacement of colonial-era laws with the Bharatiya Nyaya (Second) Sanhita to modernize legal thinking and rebuild credibility.
- The credibility crisis is attributed to shifts in perceptions of law as a power resource and the adoption of shortcut methods in law enforcement.
Key Challenges:
- Potential misuse of power through encounters and ‘bulldozer’ methods without democratic checks and balances.
- Concerns about the crude nature of an abridged rule of law, leading to arbitrary justice and unpredictability.
Key Terms:
- Jan Vishwas Act
- Bharatiya Nyaya (Second) Sanhita
- Credibility crisis
- Shortcut or abridged rule of law model
Key Phrases:
- “Normative raison d’etre” – referring to the fundamental basis or justification of norms.
- “Smart governance” – addressing infirmities and outdatedness in laws through effective governance.
- “Encounter killings” and “bulldozer action” – methods of law enforcement discussed in the article.
Key Quotes:
- “Fear of imprisonment for minor offences is a major factor hampering the growth of the business ecosystem.”
- “The real credibility crisis of the rule of law is located not so much at the normative level but at the level of the rule of law reality.”
Key Statements:
- Acknowledgment of the government’s faith in the traditional rule of law as a positive aspect.
- Highlighting the dangers of growing reliance on shortcut or abridged rule of law models.
Key Examples and References:
- The Dandi March as an example of civil disobedience against an unjust law.
- Instances of police encounters and ‘bulldozer’ actions leading to potential abuses of power.
Key Facts:
- The Jan Vishwas Act addressed changes in numerous central Acts, including the Indian Post Office Act, and the Cinematograph Act.
- Replacement of colonial-era Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act in the second phase.
Critical Analysis:
- The article critically examines the evolving landscape of the rule of law, highlighting potential challenges and consequences of shortcut methods in law enforcement. It questions the credibility crisis and emphasizes the importance of maintaining faith in traditional norms.
Way Forward:
- The article suggests staying alert to the dangers of shortcut or abridged rule of law models.
- Encouragement to continue faith in the traditional rule of law while acknowledging the need for necessary reforms.
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