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  • Issues with contempt of court

    The article discusses the issues that law for contempt of the court give rise to. The practice has monarchical origins. Its continuance conflicts with the ideals of democracy. 

    Objective

    • The objective for contempt is stated to be to safeguard the interests of the public if the authority of the Court is denigrated and public confidence in the administration of justice is weakened or eroded.
    •  Need to “respect the authority and dignity of the court” has monarchical origins.

    Issues in India

    • With adjudicatory role having been handed over to judges, showing extreme deference to judges does not sit well with the idea of a democracy.
    • But the definition of criminal contempt in India is extremely wide, and can be easily invoked.
    •  Justice V.R. Krishna Iyer famously termed the law of contempt as having a vague and wandering jurisdiction, contempt law may unwittingly trample upon civil liberties.
    • Criminal contempt is completely asynchronous with our democratic system which recognises freedom of speech and expression as a fundamental right.
    • Excessively loose use of the test of ‘loss of public confidence’, combined with a liberal exercise of suo motu powers, can be dangerous.
    •  It can amount to the Court signalling that it will not suffer any kind of critical commentary about the institution at all.

    Lessons from other democracies

    • Contempt has practically become obsolete in foreign democracies.
    • Canada ties its test for contempt to real, substantial and immediate dangers to the administration.
    • American courts also no longer use the law of contempt in response to comments on judges or legal matters.
    • In England, too, the legal position has evolved.

    Approach of Indian judiciary

    • Truth and good faith were not recognised as valid defences until 2006, when the Contempt of Courts Act was amended.
    • Indian courts have not been inclined to display the same maturity and unruffled spirit as their peers in the other democracies.

    Consider the question  “A law for criminal contempt is completely asynchronous with our democratic system which recognises freedom of speech and expression as a fundamental right. Examine the issue in India context and suggest the major to strike the balance.”

    Conclusion

    Besides needing to revisit the need for a law on criminal contempt, even the test for contempt needs to be evaluated. If such a test ought to exist at all, it should be whether the contemptuous remarks in question actually obstruct the Court from functioning. It should not be allowed to be used as a means to prevent any and all criticism of an institution.

  • Information war

    Information war waged against India from across the border needs consideration. Three factors have triggered the war in the realm of information. This article examines the way in which it is perpetrated.

    Factors

    •  Following three triggers are responsible for Pakistan’s information war.
    • 1) The Balakot attack of February 2019.
    • Balakot demolished Pakistan’s presumed nuclear equivalence that guaranteed that India would not retaliate against terrorist attacks
    • 2) The return of the BJP government in the May 2019 elections-which signalled that India would follow aggressive muscular policy.
    • 3) The August 2019 revision of Article 370.
    • The Article 370 decision demolished the centrepiece of Pakistan’s nationalism build on Kashmir.
    • The move also raised apprehensions about India’s plans for Pakistan Occupied Jammu and Kashmir.
    • These developments have forced it to shift the emphasis of its anti-India strategy from fomenting terrorism supported by an information war component to an information war supported by terrorism.

    How the information war is waged

    • The ISI and the Inter-Services Public Relations (ISPR) two main instruments for the furtherance of this policy.
    • The ISPR has, over the years, recruited thousands of youth, trained them in the mechanics of social media and used them to project anti-India themes.
    • The core Pakistani objective is to demolish “Brand India” by attacking its key components — an inclusive and secular society, democratic polity, decisive government, a developing economic powerhouse and strong foreign policy.
    • The expectation is that such a strategy would adversely impact India’s secular and democratic credentials, scare foreign investment and lead to questions about its international image.
    • The key platforms for this strategy are Twitter, WhatsApp, YouTube and Facebook.
    • A large number of fake social media accounts, especially on Twitter, have been created.
    • The use of handles with phoney Middle Eastern identities is the latest addition to its bag of tricks.

    Themes of information war

    • Internal developments and dissent in India have been manipulated, packaged and used to develop a narrative damaging India’s social fabric.
    • On J&K, the key themes are: Kashmir is a “disputed territory” awaiting solution under the UN resolutions; India needs to talk to Pakistan to resolve the issue and since India refuses to talk, there must be international intervention, the Indian Army is violating the human rights of Kashmiris.

    Consider the question “Internet has made waging information war easier. Examine the threat posed by the information war to Indian polity. Suggest the measures to contain the threat emanating from the information war.”

    Conclusion

    Even though the Indian polity is strong, such persistent venomous attacks can temporarily damage our social fabric. We must not allow ourselves, wittingly or unwittingly, to fall prey to such machinations to polarise society, even temporarily.

  • Governor’s Discretionary Powers in Assembly Deadlock

    A Constitution Bench judgment of the Supreme Court has held that a Governor is bound to convene a meeting of the Assembly for a floor test on the recommendation of the Cabinet.

    Try this question for mains:

    Q. “Time and again, the courts have spoken out against the Governor acting in the capacity of an all-pervading super-constitutional authority.” Analyse.

    Resolving the deadlock

    • The judgment is significant in the present deadlock between the CM and the Governor over the summoning of an Assembly session for a floor test.
    • The Governor can summon, prorogue and dissolve the House only on the aid and advice of the Council of Ministers with the Chief Minister as the head.

    The Nabam Rebia Case

    • The five-judge Constitution Bench judgment of the Supreme Court cited the Nabam Rebia versus Deputy Speaker on July 13, 2016.
    • It held that a Governor cannot employ his ‘discretion’, and should strictly abide by the “aid and advice” of the Cabinet to summon the House.
    • It held that the discretionary power of the Governor is extremely limited and entirely liable to judicial review.
    • The judgment was a consequence of then Arunachal Pradesh Governor J.P. Rajkhowa’s decision to advance the Assembly session, a move which led to unrest in the State and resulted in the President’s rule.
    • The Constitution Bench held Mr. Rajkhowa’s decision to be a violation of the Constitution.

    Governor’s discretion: Limited to specified areas

    • The Supreme Court highlighted that Article 163 of the Constitution does not give the Governor a “general discretionary power to act against or without the advice of his Council of Ministers.
    • The court said the Governor’s discretionary powers are limited to specified areas like giving assent or withholding/referring a Bill to the President or appointment of a CM or dismissal of a government which has lost of confidence but refuses to quit, etc.

    Back2Basics: Governor’s Discretionary Powers

    The governor can use his/her discretionary powers:

    • When no party gets a clear majority, the governor has the discretion to choose a candidate for the chief minister who will put together a majority coalition as soon as possible.
    • He can impose president’s rule.
    • He submits reports on his own to the president or on the direction of the president regarding the affairs of the state.
    • He can withhold his assent to a bill and send it to the president for his approval.
    • During emergency rule per Article 353, he can override the advice of the council of ministers if specifically permitted by the president.

  • In news: Ghazipur Landfill

    The Ghazipur landfill site rises by nearly 10 metres a year and is expected to surpass the height of Qutub Minar and other vertical structures in the country.

    Try this PYQ from CSP 2016:

    Q.What can be the impact of excessive/inappropriate use of nitrogenous fertilizers in agriculture?

    1. Proliferation of nitrogen-fixing microorganisms in soil can occur.
    2. Increase in the acidity of soil can take place.
    3. Leaching of nitrate to the ground-water can occur.

    Select the correct answer using the code given below:

    (a) 1 and 3 only

    (b) 2 only

    (c) 2 and 3 only

    (d) 1, 2 and 3

    What are Landfills?

    • A landfill site, also known as a tip, dump, rubbish dump, garbage dump, or dumping ground, is a site for the disposal of waste materials.
    • Some landfill sites are also used for waste management purposes, such as temporary storage, consolidation and transfer, or for various stages of processing waste material, such as sorting, treatment, or recycling.

    Threats posed by landfills

    Landfills have the potential to cause a number of issues. Infrastructure disruption, such as damage to access roads by heavy vehicles, may occur amongst others.

    1) Leachate

    • When precipitation falls on open landfills, water percolates through the garbage and becomes contaminated with suspended and dissolved material, forming leachate.
    • If this is not contained it can contaminate groundwater.

    2) Decomposition gases

    • Rotting food and other decaying organic waste create decomposition gases, especially CO2 and CH4 from aerobic and anaerobic decomposition, respectively.
    • Both processes occur simultaneously in different parts of a landfill.

    3) Other threats

    • Poorly run landfills may become nuisances because of vectors such as rats and flies which can spread infectious diseases.
    • The occurrence of such vectors can be mitigated through the use of daily cover.
    • Other potential issues include wildlife disruption due to occupation of habitat and animal health disruption caused by consuming waste from landfills, dust, odour, noise pollution, and reduced local property values.

  • What is Seismic Noise?

    The seismic noise level has dropped by as much as 50 per cent between March and May due to lockdowns this year, according to researchers.

    Ever heard of space-based monitoring of seismic activities?  This topic creates a scope for potential prelims question…

    What is Seismic Noise?

    • Seismic noise refers to vibrations within the Earth, which are triggered by natural and man-made phenomena like earthquakes, volcanoes and bombs.
    • Seismometers, specialised devices that record ground motions, also capture seismic noise.
    • Everyday human activity — such as road traffic, manufacturing in factories, the sound produced by planes roaring overhead, or simply people walking down the street.
    • The sound signals created by human beings are often referred to as anthropogenic seismic noise.
    • Seismic noise acts almost like background sound for seismologists — it is the unwanted component of signals recorded by a seismometer.

    Variations in noise levels

    • The level of anthropogenic seismic noise recorded varies based on a number of factors.
    • Highly-populated urban areas will generate more vibrations from human activity than less densely populated regions.
    • Timing too plays an important role. The degree of seismic noise is found to be much lower during public holidays.

    Why is this important to record this noise?

    • Due to this, scientists will be able to spot weaker signals.
    • Such small signals tell us about a geological fault making seismic hazard assessment more accurate.
    • This means that scientists will have a better shot at monitoring a whole range of seismogenic behaviour, including the smallest earthquakes or the early signs of a volcanic eruption.

  • Kashmir saffron gets GI certificate

    The J&K administration has issued the certificate of geographical indication (GI) registration for saffron grown in the Kashmir Valley.

    Must read:

    GI Tags in news for 2020 Prelims

    All time GI tags in news

    Kashmir saffron

    • It is cultivated and harvested in the Karewa (highlands) in some regions of Kashmir, including Pulwama, Budgam, Kishtwar and Srinagar.
    • It is a very precious and costly product. Iran is the largest producer of saffron and India is a close competitor.
    • It rejuvenates health and is used in cosmetics and for medicinal purposes.
    • It has been associated with traditional Kashmiri cuisine and represents the rich cultural heritage of the region.
    • Saffron cultivation is believed to have been introduced in Kashmir by Central Asian immigrants around 1st Century BCE. In ancient Sanskrit literature, saffron is referred to as ‘bahukam’.

    3 Types

    The saffron available in Kashmir is of three types —

    • ‘Lachha Saffron’, with stigmas just separated from the flowers and dried without further processing;
    • ‘Mongra Saffron’, in which stigmas are detached from the flower, dried in the sun and processed traditionally; and
    • ‘Guchhi Saffron’, which is the same as Lachha, except that the latter’s dried stigmas are packed loosely in air-tight containers while the former has stigmas joined together in a bundle tied with a cloth thread

    Whats’ so special about Kashmir Saffron?

    • The unique characteristics of Kashmir saffron are its longer and thicker stigmas, natural deep-red colour, high aroma, bitter flavour, chemical-free processing, and high quantity of crocin (colouring strength), safranal (flavour) and picrocrocin (bitterness).
    • It is the only saffron in the world grown at an altitude of 1,600 m to 1,800 m AMSL (above mean sea level), which adds to its uniqueness and differentiates it from other saffron varieties available the world over.

  • [pib] Ravines of Chambal-Gwalior Region

    Union Minister of Agriculture & Farmers’ Welfare held a meeting with World Bank representatives to bring large Ravines of Gwalior–Chambal region under agriculture.

    Try this question for mains:

    Q.What is Badland Topography? Discuss the scope of their utilization as arable land in India.

    What are Ravines?

    • Badland topography is a major feature of the Chambal valley is characterized by an undulating floodplain, gullies and ravines.
    • Ravines are a type of fluvial erosional feature and are formed as a result of constant vertical erosion by streams and rivers flowing over semi-arid and arid regions.

    How are they formed?

    • Researchers consider the regional climate as a major factor in the formation of ravines.
    • Climate indeed plays a huge role by supplying the water in the form of rain or snow as well as providing the temperature variations.
    • However, the ravines of Chambal are a bit difficult to be explained solely on climatic terms.
    • The region through which the Chambal River flows does not receive enough rainfall to create ravines that are 60–80 m deep.
    • Researchers have attributed neotectonic activities to the Chambal ravines genesis.

    Other factors

    • It is well known that rivers are full of energy and actively erode in their initial phases and progressively become passive as they attain their base levels.
    • But sometimes, due to tectonic movements, the base level may be lowered further thus energizing the river and reactivating the erosion. This is known as River Rejuvenation.
    • Moreover, wind erosion has also contributed to the formation of Chambal ravines.

    Back2Basics: What are Badlands?

    • Badlands are erosional landforms of highly dissected morphology that are created on soft bedrock in a variety of climate conditions.
    • They develop in arid to semiarid areas where the bedrock is poorly cemented and rainfall is generally heavy and intermittent.
    • The dry, granular surface material and light vegetation are swept from the slopes during showers, leaving the gullies bare.

  • Case for presidential system

    The article brings out the flaws in the parliamentary system of government in India and makes the case for the parliamentary system.

    Problems with our parliamentary system

    • Our parliamentary system has created a unique breed of legislator, largely unqualified to legislate.
    • Those legislators has sought election only in order to wield executive power.
    • It has produced governments dependent on a fickle legislative majority.
    • Fickle majority leads the government to focus more on politics than on policy or performance.
    • Current system has distorted the voting preferences of an electorate that knows which individuals it wants to vote for but not necessarily which parties.
    • It has given rise to parties that are shifting alliances of selfish individual interests, not vehicles of coherent sets of ideas.
    • It has forced governments to concentrate less on governing than on staying in office, and obliged them to cater to the lowest common denominator of their coalitions.

    Problems with party system in India

    •  Parliamentary system, devised in Britain — is based on traditions which simply do not exist in India.
    • The parties in England are clearly defined, each with a coherent set of policies and preferences that distinguish it from the next.
    • In India, a party is all-too-often a label of convenience which a politician adopts and discards frequently.
    • So, a politician changing a party is not treated as an unusual event in India.
    • In the absence of a real party system, the voter chooses not between parties but between individuals.
    • The candidates are usually chosen on the basis of their caste, their public image or other personal qualities.
    • So, voters vote for a legislature not to legislate but in order to form the executive.

    4 Problems with choosing executive from Parliament

    • 1) It limits executive posts to those who are electable rather than to those who are able.
    • Though he can bring some members in through the Rajya Sabha, but it too has been largely the preserve of full-time politicians, so the talent pool has not been significantly widened.
    • 2) It puts a premium on defections and horse-trading. The anti-defection Act of 1985 has failed to cure the problem.
    • 3) Legislation suffers. Most laws are drafted by the executive — in practice by the bureaucracy.
    • The ruling party inevitably issues a whip to its members in order to ensure unimpeded passage of a bill.
    • The parliamentary system does not permit the existence of a legislature distinct from the executive.
    • Accountability of the government to the people, through their elected representatives, is weakened.
    • 4) For those parties who do not get into government Parliament or Assembly serves as a theatre for the demonstration of their power to disrupt.

    Case for presidential system

    • A directly elected chief executive at Centre and State would be free from vulnerabilities of coalition support politics, would have the stability of tenure free from a legislative whim.
    • He/she will be able to appoint a cabinet of talents, be able to devote his or her energies to governance, and not just to government.
    • The Indian voter will be able to vote directly for the individual he or she wants to be ruled by.
    • The president will truly be able to claim to speak for a majority of Indians rather than a majority of MPs.

    The risk of dictatorship

    • The only serious objection to the presidential system is that it carries with it the risk of dictatorship.
    • The fear is of an imperious president, immune to parliamentary defeat and impervious to public opinion, ruling the country by fiat.
    • But under the current parliamentary system, a leader with absolute majority and subservient legislature could act in the same manner.

    Consider the question “Examine the differences between the presidential system and the parliamentary system of government. Do you think that the parliamentary system has served well in the Indian context?”

    Conclusion

    With the needs and challenges of one-sixth of humanity before our leaders, we must have a democracy that delivers progress to our people.

  • Need for open protocols and networks in the realm of internet

    We are familiar with the dominance of some platforms on the internet. That dominance start to create problems. This article discusses the issues with dominance and suggests the solution drawing on the success of UPI.

    Platforms on the internet

    • Platforms are technology layers that leverage the internet to bring together producers, resellers and consumers.
    • Platforms reduce transaction costs by cutting out intermediaries.
    • Amazon started by selling books but became a profitable giant by creating the e-commerce platform called Amazon Marketplace.
    • The most valuable companies today are platforms for search, social interaction, advertising, insurance, travel, real estate, etc.

    Issues with the platforms

    • 1)The promise of the internet was disintermediation, but the process has hit a speed breaker with major platforms taking on the role of mediation. 
    • 2) There may be multiple platforms in the game to start with, but due to network effects and the non-portability/lock-in, only a few monopolies space.
    • 3) Big platforms have tried to create a sort of  cartel in which to trap the customers while fencing off the rest of the internet.
    • 4) The platforms amass data about users which is used to influence user behaviour, which is not limited to guiding the buying decisions.

    So, what is the solution?

    Let’s look at the success story of  the UPI

    • Unified Payment Interface (UPI) is a set of protocols that standardises the language of money transfer.
    • It is an interface: a simple and structured protocol for instructions and a clearinghouse that relays well-formed requests to concerned parties for execution.
    • Once the language is there, a user may choose any app to link their bank account to a UPI ID and make a pay or collect request involving any other bank account.
    • UPI handled 1.3 billion transactions in June 2020, overtaking the aggregate number of transactions of all legacy “platforms”.
    • UPI succeeded because it treated all players, big or small, equally.
    • This allowed third-party innovators to drive adoption by creating solutions that addressed the need of the people.

    Solution: Adopting of open protocols

    • Application Programming Interfaces (or API) are protocols that define the meaning of data exchanged between two computers.
    • Universally accepted API definitions could allow a cabbie to be discovered by any cab aggregator app the rider may choose.
    • In healthcare, it could facilitate finding a doctor, booking an ambulance, taking out insurance, filing a claim, sharing a medical report or purchasing medicines from a pharmacy.

    Advantages of open protocols

    • Open protocols create ecosystems that are non-rivalrous and non-excludable by design.
    • Even smallest of application developers or start-ups can offer low-cost, locally relevant solutions using the protocol.
    • We can address the needs of the diverse business community and achieve much greater penetration for e-commerce than the 10 per cent of today.
    • Open systems have the potential to transform education, food delivery, by enabling entrepreneurs to compete on their quality and reputation alone.
    • Portability from one application to another, privacy and data empowerment will be some of the issues taken care of.
    • We can reduce our dependence on foreign platforms.

    Consider the question “What are APIs? Examine the issues created by the dominant internet platforms and how the adoption of open protocols for API could address the problem?”

    Conclusion

    With such a huge potential in APIs open protocols, the government must bring out the policy for the creation of open protocols and realise the untapped potential it offers.

  • Relations between judiciary and legislature

    The article discusses the relation between the judiciary and the legislature. Recent development in Rajasthan assembly serves as the backdrop.

    Context

    • The political tussle in Rajasthan entered the High Court and the Supreme Court.
    • The Supreme Court itself proposed to rule on the larger question of the jurisdiction of courts to entertain such pleas.

    Historical background

    • The President of India made a presidential reference to the Supreme Court on the relative powers of legislative assemblies and constitutional courts.
    • The Supreme Court held that there is a broad separation of essential powers of each organ of the State.
    • However, the Court went on to hold that a judge who entertains a petition challenging any order of the legislature does not commit contempt of the said legislature.
    • Since then court have restrained themselves from interfering in the workings of legislative assemblies or Parliament is concerned.
    • The sole exception is under the anti-defection law-after a final order of disqualification has been passed.

    Let’s look into Kihoto Hollohan’s case

    • Constitution bench of the Supreme Court in 1992 held that the Speaker acting in a disqualification matter acts as a tribunal and is subject to judicial review.
    • However, the same judgment makes it clear that the Court will not intervene at an interim stage.
    • The same judgment further holds the Speakers/Chairmen hold a pivotal position in the scheme of Parliamentary democracy and are guardians of the rights and privileges of the House.

    Let’s now look into Rajasthan episode

    • In this case, issuance of a possible disqualification notice by the Speaker, has been contested in constitutional courts.
    •  Even in routine petitions against notices of proposed administrative actions, the petitioner is told to answer the show cause notice and to challenge the final action only.
    • The Rajasthan High Court, however, entertained a petition to challenge the Speaker’s authority to decide, if MLAs had committed an act of defection.
    • The Rajasthan High Court reserved its judgment, requested the Speaker to defer further proceedings and proceeded to direct him to await judgment.

    Co-equality of Constitutional authorities

    • Rajasthan assembly Speaker moved the Supreme Court, questioning the court’s power to direct a Constitutional authority.
    • The principle of law applied is that Constitutional authorities cannot issue directions to each other.
    • They can, at best, make a polite request.
    • The single judge in Calcutta, recorded in his judgment that the Supreme Court was only co-equal with the High Court, as a Constitutional Court.
    • Appellate powers of the Supreme Court did not make it a superior authority to which the High Court was subordinate.
    • Ever since, the Supreme Court has been careful to couch its orders as requests to any High Court, or Constitutional authority.
    • Constitutional courts have followed the same principle, in addressing other Constitutional authorities.

    Role of judiciary in maintaining the balance

    • Unnecessary conflict between organs of state may well invite some Speaker, backed by a solid majority at State and Centre, to defy the courts.
    • Courts are apolitical but keep getting pulled into political thickets, especially in matters of mass defections resulting in regime change.
    • The walls of separation between constitutional organs, once breached, cannot be then repaired against future intrusions.

    Consider the question “Analyse fine balance Indian Consitution strikes between the various Constitutional authorities. Also examine how role of judiciary in dealing with the anti-defection law.”

    Conclusion

    Even under a sovereign Constitution, parliamentary and legislative supremacy in their areas of working must be respected.