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Archives: News

  • Coal and Mining Sector

    India’s illegal coal mining problem      

    Why in the News?

    On July 13, three workers died of asphyxiation inside an illegal coal mine in Gujarat’s Surendranagar district.

    How Prevalent is Illegal Coal Mining in India?

    • Illegal coal mining has led to multiple fatalities, including recent incidents in Gujarat, Jharkhand, and West Bengal, highlighting its prevalence and dangers.
    • There are 10 workers who have died in illegal mining incidents in Gujarat alone this year, showcasing the ongoing risks associated with this activity.
    • Illegal mining is often conducted in abandoned mines or shallow coal seams, particularly in remote areas, where monitoring and enforcement of regulations are weak.

    What are the Legal Frameworks Governing Coal Mining in India?

    • Coal Mines (Nationalisation) Act, 1973: This act nationalized coal mining in India, regulating who can mine coal and under what conditions.
    • Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act): This central legislation governs the mining sector, detailing processes for acquiring mining licenses and regulating mining activities. It empowers state governments to frame rules to prevent illegal mining.
      • While the MMDR Act provides a framework, the enforcement and regulation of illegal mining fall under state jurisdiction.

    Why is the Responsibility for Addressing Illegal Mining Placed on State Governments?

    • Law and Order Issue: Illegal mining is categorized as a law and order problem, which is a subject under the State List of the Constitution, making it the responsibility of state governments to address.
    • Limited Central Authority: The Union government often shifts the responsibility to state authorities, citing the decentralized nature of governance in matters of local enforcement and regulation.

    What Factors Contribute to the Persistence of Illegal Coal Mining?

    • High Demand for Coal: With coal accounting for 55% of India’s energy needs, the high demand often exceeds legal supply leading to illegal mining activities.
    • Poverty and Unemployment: Many coal-rich areas are home to impoverished populations who resort to illegal mining as a source of livelihood due to limited job opportunities.
    • Weak Regulatory Enforcement: Inadequate monitoring and enforcement of mining regulations in remote areas allow illegal mining operations to flourish.
    • Political Patronage: Allegations of political leaders’ involvement in illegal mining operations complicate efforts to curb these activities, as seen in various states.

    What Safety Risks Do Workers Face?

    • Lack of Safety Equipment: Workers often operate without helmets, masks, or other protective gear, significantly increasing their risk of injury or death.
    • Hazardous Working Conditions: Illegal mines are typically unregulated, lacking proper structural support, making them vulnerable to cave-ins, landslides, and explosions.
    • Toxic Gas Exposure: Miners are at risk of asphyxiation from inhaling toxic gases like carbon monoxide, as evidenced by recent fatalities in Gujarat.
      • Continuous exposure to coal dust and hazardous substances can lead to respiratory issues and chronic health conditions, further endangering workers’ health.

    Conclusion: Need to implement advanced surveillance technologies, such as drones and satellite imaging, to monitor and detect illegal mining activities in real-time. This can improve the efficiency of enforcement agencies in identifying and responding to illegal operations swiftly.

  • Why is there a move to split the Bengaluru municipal corporation into smaller bodies with a 3-tier structure?   

    Why in the News?

    The Karnataka government has introduced a bill in the state assembly that aims to restructure the Bruhat Bengaluru Mahanagara Palike (BBMP) by dividing it into multiple smaller municipal corporations. This proposal is known as the Greater Bengaluru Governance Bill, 2024.

    What is the Greater Bengaluru Governance Bill?

    • The Bill aims to restructure the Bruhat Bengaluru Mahanagara Palike (BBMP) into smaller administrative units to improve governance in Bengaluru.
    • Drafted by the BBMP Restructuring Committee, the Bill has undergone multiple revisions since its inception in 2014, with the latest modifications presented in June 2024.
    • The Bill was tabled in the Karnataka Assembly on July 23, 2024, and is set for discussion among lawmakers, with a sub-committee likely to scrutinize it before further consideration.

    Key Highlights of the Draft Bill

    • City Corporations: The Bill proposes that the number of city corporations in the Greater Bengaluru Area shall not exceed ten, with indications that it may be split into five units based on specified criteria.
    • Governance Structure: A three-tier governance structure will be established, comprising the Greater Bengaluru Authority (GBA) at the top, city corporations in the middle, and ward committees at the bottom.
    • Composition of GBA: The GBA will be headed by the Chief Minister and include 21 members, including key ministers and heads of various urban development organizations.
    • Criteria for Corporations: City corporations must have a population of at least 10 lakh, a density of over 5,000 people per sq km, and a minimum revenue generation of ₹300 crore annually.
    • Ward Distribution: Each city corporation will consist of between 50 to 200 wards, with the current BBMP having 198 wards.

    Present Criticism

    •  The BJP has criticized the Bill as “unscientific,” claiming it threatens the cultural identity of Bengaluru and could lead to administrative chaos.
      • BJP leaders have expressed fears that the proposed restructuring could diminish the prominence of the Kannada language in Bengaluru.
    • Critics point to the unsuccessful trifurcation of the Municipal Corporation of Delhi in 2012, which was reversed in 2022, as a cautionary tale against such restructuring efforts.
    • Concerns have been raised that the Bill may exacerbate economic disparities among the proposed city corporations, with wealthier areas receiving more resources while poorer areas remain underdeveloped.

    Way forward: 

    • Comprehensive Stakeholder Consultation: Before finalizing the Bill, the government should conduct extensive consultations with all stakeholders, including local residents, urban planners, civic organizations, and opposition parties. This will ensure that diverse perspectives are considered, addressing concerns about cultural identity, economic disparities, and administrative efficiency.
    • Clear Definition and Criteria: The Bill should include clear definitions of “local areas” and the criteria for determining the boundaries of the proposed city corporations.
  • North-East India – Security and Developmental Issues

    The panel will look into issues stalling Bill, NE tribal councils told    

    Why in the News?

    The Union government will set up a committee led by MoS Home Nityanand Rai to address concerns and expedite the 125th Constitutional Amendment Bill, which aims to empower tribal autonomous councils in northeastern states.

    What is the Controversy over the 125th Amendment Bill?

    •  The Constitution (125th Amendment) Bill, 2019 aims to grant more financial, executive, and administrative powers to tribal autonomous councils under the Sixth Schedule of the Constitution.
    • The Bill has faced delays due to unresolved issues between the Union government and the tribal councils, prompting the formation of a committee to address these concerns.
    • Tribal leaders argue that the Bill is essential for streamlining administrative systems, ensuring proper resource flow, and enhancing the capacity of councils to implement policies beneficial to their communities.
    • The Bill has been pending since its introduction in the Rajya Sabha in February 2019 and has faced scrutiny from the Departmental-Related Standing Committee on Home Affairs, which flagged multiple issues.

    What are Tribal Autonomous Councils?

    • Tribal autonomous councils are local governance bodies established under the Sixth Schedule of the Constitution to provide autonomy and protect the rights of tribal populations in certain northeastern states of India.
    •   As of now, there are 10 autonomous councils across Assam, Meghalaya, Mizoram, and Tripura, which have the authority to legislate on matters related to land, public health, and agriculture.
    • These councils are intended to empower tribal communities by allowing them to manage their resources and governance independently from state governments.

    About the North Eastern Council (NEC) and Its Structural Mandate

    • The North Eastern Council (NEC) was established in 1972 as a statutory body to promote the economic and social development of the northeastern states of India.
    • The NEC’s primary mandate includes coordinating the planning and implementation of development programs, facilitating inter-state cooperation, and addressing issues specific to the northeastern region.
    • The NEC comprises the Chief Ministers of the northeastern states, along with a nominated representative from the central government, ensuring representation from both state and central authorities.
    • The Council focuses on various sectors, including infrastructure development, education, health, and cultural preservation, aiming to enhance the overall development of the northeastern states.

    Conclusion: The Union government should initiate a transparent and inclusive consultation process involving all stakeholders, including tribal leaders, local communities, and state governments. This process should aim to address the concerns raised by tribal councils and ensure that their voices are heard in the legislative process.

  • International Space Agencies – Missions and Discoveries

    NASA’s Cassini-Huygens Mission

    Why in the News?

    • US space agency NASA’s Cassini-Huygens spacecraft launched in October 1997.
      • Using Cassini’s radar data, scientists from Cornell University have discovered new information about the liquid ocean on Titan, Saturn’s largest moon.

    Observations made about Titan

    • Titan is composed of hydrocarbons – organic chemicals consisting of carbon and hydrogen.
    • The astronomers have reportedly located calm seas of methane with a slow tidal current.

    About Cassini-Huygens Mission

    • The Cassini-Huygens mission was a collaborative project between NASA, the European Space Agency (ESA), and the Italian Space Agency (ASI) to explore Saturn and its moons.
    • The spacecraft was named after astronomers Giovanni Cassini and Christian Huygens.
    • The mission consisted of the Cassini orbiter and the Huygens probe.
    • It was launched on October 15, 1997.
    • It ended its mission on September 15, 2017 by plunging into Saturn’s atmosphere.

    Key Achievements:

    • Saturn Exploration:
      • Detailed study of Saturn’s atmosphere, rings, and magnetosphere.
      • Discovered new rings and observed the complex structure of the existing ones.
    • Moons of Saturn:
      • Titan Exploration: Huygens probe successfully landed on Titan, Saturn’s largest moon, on January 14, 2005, providing the first direct exploration of Titan’s surface and atmosphere.
      • Enceladus Discoveries: Found water-ice plumes erupting from Enceladus, indicating a subsurface ocean that could potentially harbor life.
    • Other Moons: Provided detailed images and data on other moons like Lapetus, Rhea, Dione, and Tethys.
    • Technological Milestones:
      • Demonstrated the success of long-duration missions in deep space.
      • Advanced the understanding of spacecraft navigation and operation in complex planetary environments.

    PYQ:

    [2014] Which of the following pairs is/are correctly matched?

    Spacecraft Purpose
    1. Cassini-Huygens Orbiting the Venus and transmitting data to the Earth
    2. Messenger Mapping and investigating the Mercury
    3. Voyager 1 and 2 Exploring the outer solar system

    Select the correct answer using the code given below:

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

  • Women Safety Issues – Marital Rape, Domestic Violence, Swadhar, Nirbhaya Fund, etc.

    What is the Hema Commission Report?

    Why in the News?

    • A single bench of the Kerala High Court has stayed the release of the Justice Hema Commission report.
      • The report investigated women’s working conditions in the Malayalam film industry.

    About the Assault that Exposed the Deep Gender Divide      

    • On February 17, 2017, a leading Malayalam film actress was abducted and sexually assaulted in her car while traveling from Thrissur to Kochi.
    • The incident caused shock and outrage across Kerala as disturbing details emerged, including a video purportedly intended for blackmail.
    • Six of the ten accused were arrested quickly, and popular actor Dileep was named an accused and remanded to judicial custody in July. He is currently out on bail, with the trial ongoing since 2020.

    Formation of the Women in Cinema Collective (WCC)

    • The incident highlighted the discriminatory treatment faced by women in the film industry.
    • The Women in Cinema Collective (WCC) was formed in response, submitting a petition to the Chief Minister demanding an inquiry into gender issues in the industry.

    The Hema Commission

    • In July 2017, five months after the incident, the state government formed a 3-member committee headed by retired Kerala High Court judge, Justice K Hema.
    • The committee’s objective was to investigate issues of sexual harassment and gender inequality in the Malayalam film industry.
    • In December 2019, a 300-page report was submitted to the CM Pinarayi Vijayan, including documents, audio, and video evidence.

    Findings and Recommendations

    • The commission consulted multiple women professionals in the industry, recording detailed accounts of sexual harassment, wages earned, and possible blacklisting.
    • The report highlighted the existence of a casting couch, and the presence of alcohol and drugs on film sets.
    • The commission recommended forming a tribunal to investigate these allegations.
    • Other recommendations included making job contracts mandatory, ensuring wage parity across genders for the same job, banning drugs and liquor on shooting locations, and ensuring safe working conditions for women.

    PYQ:

    [2010] Two of the schemes launched by the Government of India for Women’s development are Swadhar and Swayam Siddha. As regards the difference between them, consider the following statements:

    1. Swayam Siddha is meant for those in difficult circumstances such as women survivors of natural disasters or terrorism, women prisoners released from jails, mentally challenged women etc., whereas Swadhar is meant for holistic empowerment of women through Self Help Groups.
    2. Swayam Siddha is implemented through Local Self-Government bodies or reputed Voluntary Organizations whereas Swadhar is implemented through the ICDS units set up in the states.

    Which of the statements given above is/are correct?

    (a) 1 only
    (b) 2 only
    (c) Both 1 and 2
    (d) Neither 1 nor 2

     

    [2014] We are witnessing increasing instances of sexual violence against women in the country. Despite existing legal provisions against it, the number of such incidences is on the rise. Suggest some innovative measures to tackle this menace.

  • OBOR Initiative

    Niger struggles with Security, Economic Crises

    Why in the News?

    • The China-backed Niger-Benin Export Pipeline that would make Niger an oil-exporting country is being threatened by an internal security crisis and a diplomatic dispute with neighboring Benin.
      • These issues arose after last year’s coup that toppled Niger’s democratic government.

    About Niger

    • Niger, located in West Africa, is a landlocked country known for its vast desert landscapes and significant cultural heritage.
    • The northern region of Niger is dominated by the Sahara Desert, comprising more than half of the country.
    • The central part of Niger is characterized by the Sahel, a semi-arid transition zone between the Sahara
    • The Aïr Mountains, located in the northern central part are a significant mountain range with the highest peak, Mont Idoukal-n-Taghès (2,022 m).
    • The Niger River is the country’s primary water source.
    • Lake Chad is a significant body of water shared with Nigeria, Chad, and Cameroon. Its size keep on fluctuating.

    About Niger Benin Export Pipeline

    • The 1,930-kilometer pipeline runs from Niger’s Chinese-built Agadem oil field to the port of Cotonou in Benin.
    • It was designed to help Niger achieve an almost 5x increase in oil production through a $400 million deal with China’s state-run national petroleum company.
    • The pipeline faces significant challenges, including a recent diplomatic disagreement with Benin.
    • These issues threaten to strain Niger’s economy, heavily reliant on external support now withheld after a coup.

     

    PYQ:

    [2018] Which of the following has/have shrunk immensely/dried up in the recent past due to human activities?

    1. Aral Sea
    2. Black Sea
    3. Lake Baikal

    Select the correct answer using the code given below:

    (a) 1 only

    (b) 2 and 3

    (c) 2 only

    (d) 1 and 3

  • Foreign Policy Watch: India-Nepal

    Parliamentary Democracy: A Comparison between Nepal and India

    Why in the News?

    • On July 14, K. P. Sharma Oli was sworn in as Nepal’s Prime Minister for the fourth time, leading a new coalition government.
      • Since the abolition of the monarchy in 2008, Nepal has had 14 governments despite a new constitution in 2015 promising progress.

    Evolution of Nepal’s Constitution

    • 1948: The Government of Nepal Act was the first attempt at creating a constitution.
    • 1951: The Interim Government of Nepal Act aimed to establish democracy but was replaced in 1959.
    • 1959: Introduced a multi-party system, but the Panchayat Constitution of 1962 established a party-less system under King Mahendra.
    • 1990: A constitutional monarchy restored the multi-party system.
    • 2007: An Interim Constitution was adopted after continued political upheavals.
    • 2015: The current constitution established Nepal as a federal democratic republic.

    Comparing the Indian Constitution and Nepal’s Constitution:

    India Nepal
    Historical Background Adopted on November 26, 1949, and came into effect on January 26, 1950.

    Framed by the Constituent Assembly elected in 1946.

    Current constitution promulgated on September 20, 2015.

    Many attempts since 1948, 1951, 1959, 1962, 1990, and 2007.

    Form of Government Quasi-federal nature of the Indian constitution is described as a “Union of States” in Article 1. Other factors also talk about the quasi-federal like Emergency power and independent judiciary. etc

    Parliamentary system with the President as the ceremonial head and the Prime Minister as the head of government.

    Federal democratic republic.

    Parliamentary system with the President as the ceremonial head and the Prime Minister as the executive head.

    Structure of Government Bicameral legislature: Lok Sabha (House of the People) and Rajya Sabha (Council of States).

    Three levels of government: central, state, and local.

    Bicameral legislature: House of Representatives and National Assembly.

    Three levels of government: federal, provincial, and local.

    Federal Structure More centralized federal structure. The central government has significant authority over states.

    Flexible to allow greater central control when necessary.

    More decentralized federal structure. Greater autonomy to provinces.

    Includes seven provinces, each with its own government and legislature.

    Elections and Representation First-past-the-post (FPTP) system for Lok Sabha elections. Representation through single-member constituencies and multi-party systems. Mixed electoral system with both FPTP and proportional representation (PR). Ensures broader representation but leads to the proliferation of smaller parties.
    Judiciary The Supreme Court of India is the highest judicial authority.

    Ensures protection of fundamental rights and upholds the rule of law.

    The Supreme Court of Nepal is the highest judicial body.

    Interprets the Constitution and protects citizens’ rights. Aims to uphold the rule of law and safeguard fundamental rights.

    Fundamental Rights and Duties Comprehensive list of Fundamental Rights in Part III, including equality, freedom, religion, and constitutional remedies. Fundamental Duties in Part IV-A. Extensive fundamental rights, covering civil, political, and socio-economic rights. Emphasizes affirmative action for marginalized groups.
    Secularism and Religion A secular state with no official religion which mentioned in the Preamble of the Constitution. The secular state was declared in the 2015 Constitution.

    Protects religious freedom and promotes harmony among religious communities.

     

    PYQ:

    [2023] Compare and contrast the British and Indian approaches to Parliamentary sovereignty.

    [2022] Critically examine the procedures through which the Presidents of India and France are elected.

    [2021] Analyze the distinguishing features of the notion of Right to Equality in the Constitutions of the USA and India.

    [2021] Analyse the distinguishing features of the notion of Right to Equality in the Constitutions of the USA and India.

    [2020] The judicial systems in India and the UK seem to be converging as well as diverging in recent times. Highlight the key points of convergence and divergence between the two nations in terms of their judicial practices.

    [2019] What can France learn from the Indian Constitution’s approach to secularism?

    [2018] India and the USA are two large democracies. Examine the basic tenets on which the two political systems are based.

  • Genetically Modified (GM) crops – cotton, mustards, etc.

    Why SC couldn’t agree on the environmental release of GM mustard? 

    Why in the news?

    A two-judge Bench of the Supreme Court delivered a split verdict on Tuesday, July 23, regarding the “environmental release” of Genetically Modified (GM) mustard.

    About GM Mustard Crop 

    • Development and Approval Process: On September 15, 2015, the Centre for Genetic Manipulation of Crop Plants (CGMCP) at Delhi University sought approval from the Genetic Engineering Appraisal Committee (GEAC) for the environmental release of GM mustard DMH-11.
    • Biosafety Dossier: The CGMCP submitted a biosafety dossier to the GEAC, which created a sub-committee to examine its contents. After revisions, the sub-committee submitted its report, inviting comments in September 2016.
    • GEAC Recommendations: On May 11, 2017, the GEAC recommended the environmental release of GM mustard, allowing field tests to assess the crop’s effects. However, the Ministry of Environment sent the proposal back for re-examination in March 2018 after receiving several representations.
    • Deferred Tests: The GEAC directed the CGMCP to examine the effects of GM mustard on honey bees and soil microbial diversity, but these tests were deferred through 2020-21.
      • The GEAC-appointed expert committee found that honeybees do not discriminate between other GM crops such as genetically engineered canola.

    What is the case before the Supreme Court?

    • Background of the Case: The case arose from challenges by environmentalist Aruna Rodrigues and the organization Gene Campaign against the GEAC’s approval for the environmental release of GM mustard, arguing that the decision violated the precautionary principle and lacked proper scientific scrutiny.
    • Split Verdict: The Supreme Court delivered a split verdict regarding the approval for the environmental release of genetically modified (GM) mustard, specifically the hybrid DMH-11. Justices B.V. Nagarathna and Sanjay Karol had differing opinions on the legality of the Genetic Engineering Appraisal Committee’s (GEAC) decision-making process.
    • Justice Nagarathna’s Opinion: Justice Nagarathna held that the GEAC’s approval was flawed and did not follow the necessary procedures, particularly failing to conduct promised field tests. She emphasized that the approval violated public trust and the precautionary principle, which is essential for protecting the environment and public health.
    • Justice Karol’s Opinion: In contrast, Justice Karol argued that the GEAC’s decision was valid and aligned with the development of scientific temper. He stated that field trials are necessary to assess the environmental safety of GM mustard and that the decision-making process was independent and reasoned.
    • Unanimous Directives: Despite the split decision, both judges agreed on the need for the Union government to formulate a national policy regarding GM crops. This policy should involve consultations with various stakeholders, including experts, farmers, and state governments.
    • Case referred to larger bench: The case will be referred to a larger bench for further adjudication due to the differing opinions. The Supreme Court directed that the Ministry of Environment, Forest, and Climate Change (MoEF&CC) should conduct a national consultation within four months to develop this policy.
    • Concerns Raised: Justice Nagarathna pointed out that the GEAC did not consider the long-term effects of GM mustard on health and the environment, while Justice Karol noted the importance of conducting field trials under strict safeguards to monitor the crop’s impact.

    Conclusion: The Union government should formulate a detailed and inclusive national policy on genetically modified crops. This policy should be based on extensive consultations with experts, farmer representatives, state governments, and other stakeholders to ensure a balanced approach that considers scientific, environmental, and public health perspectives.

    Mains PYQ: 

    Q  What are the present challenges before crop diversification? How do emerging technologies provide an opportunity for crop diversification? (2021)

  • Government Budgets

    A big step towards the transformation of various sectors  

    Why in the news?

    The 2024-25 Budget is a progressive proposal featuring several commendable initiatives aimed at boosting India’s economic growth and advancing social progress.

    Prioritized areas in the recent Budget 2024-25

    • Job Creation and Skilling: The budget allocates ₹1.48 lakh crore towards job creation, employment, and skilling, emphasizing the importance of developing a skilled workforce to support India’s service sector. This shift from a focus on manufacturing to skilling reflects a strategic move towards building a service-oriented economy.
    • Energy Transformation: There is significant investments are directed towards energy transformation initiatives, including solar panel manufacturing and nuclear energy development. The budget allocates ₹89,287 crore to crucial sectors, indicating a commitment to sustainable energy solutions.
    • Healthcare Initiatives: The budget includes measures to enhance healthcare access, such as customs duty exemptions on life-saving cancer medications and components for advanced medical equipment.
    • Technology and Innovation: A framework with nine priorities is introduced to leverage advanced technology and foster collaboration between the government and private sector, promoting growth and innovation across various sectors.
      • For example: The budget allocates ₹1 lakh crore specifically for research and innovation, accompanied by a 50-year interest-free loan.

    What does the budget say on Accessibility and Affordability?    

    • Customs Duty Exemptions on drugs: The budget exempts customs duties on three essential cancer medications, making them more affordable and accessible to patients. This move addresses the high costs associated with cancer treatments, which often pose significant barriers to access.
    • Support for Medical Equipment: Customs duties are also waived for components of X-ray tubes and digital detectors, which are crucial for advanced medical technologies.
    • Alignment with Domestic Capacity: The budget emphasizes aligning customs duties with domestic capacity under the phased manufacturing program, fostering a conducive environment for startups and encouraging local manufacturing.

    On Prioritizing Inclusivity and Fiscal Prudence

    • Women’s Workforce Participation: The budget focuses on boosting women’s participation in the economy through targeted initiatives such as hostels, creches, and skilling programs.
      • According to a report by McKinsey, India can increase its 2025 GDP, estimated at $4.83 trillion, by 16%-60% simply by enabling women to participate in the economy on par with men
    • Research and Development: With India spending only 0.7% of its GDP on research, the budget encourages private sector collaboration with the government to increase investments in R&D. This collaboration is vital for fostering innovation and ensuring sustainable economic growth.
    • Public-Private Partnerships: The budget promotes public-private partnerships to enhance healthcare delivery and infrastructure, reflecting a commitment to inclusivity and collaboration in achieving economic and social goals.

    Conclusion: The government should expand the scope of skilling programs to cover a wider range of sectors and skill levels while ensuring the workforce is equipped to meet the evolving demands of the service-oriented economy.

  • Parliament – Sessions, Procedures, Motions, Committees etc

    Is immunity for the President and Governors absolute?  

    Why in the news?

    The Supreme Court has agreed to examine if the immunity granted to the President and Governors under Article 361 violates fundamental rights and constitutional principles.

     What is the case?  

    • The Supreme Court is examining a petition filed by a contractual woman employee of the West Bengal Raj Bhavan, who has accused Governor C.V. Ananda Bose of sexual harassment and molestation.
      • The petitioner argues that the “absolute immunity” granted to the Governor under Article 361 of the Constitution undermines her fundamental rights and the fairness of the legal process.

    Immunity Under Article 361: 

    • Article 361 provides immunity to the President and Governors from being answerable to any court for acts performed in their official capacity.
    • Specifically, clause (2) of Article 361 states that no criminal proceedings can be initiated or continued against the President or a Governor during their term of office. The petitioner contends that this immunity should not apply to illegal acts that violate fundamental rights.
    • The petitioner argues that the Governor’s immunity caused negligent handling of her complaint by police, delaying justice and hindering investigations.
    • The Supreme Court will determine if Article 361(2) immunity is absolute or can be challenged in serious cases like sexual harassment.

    Does Article 361 Grant Absolution to the Governor against Criminal Charges?

    • Scope of Article 361: Article 361 does grant significant immunity to Governors, shielding them from criminal proceedings during their term. However, the immunity is not absolute.
      • The first provision allows for the conduct of the President to be reviewed by designated bodies for impeachment, while the second provision allows for civil suits against the government.
    • Judicial Precedents: Previous court rulings have indicated that while Governors enjoy immunity under Article 361, this does not prevent judicial scrutiny of their actions, especially if those actions infringe upon fundamental rights.
      • For example, in the case of Rameshwar Prasad vs. Union of India, the Supreme Court stated that civil immunity does not preclude challenges based on malafide actions.
    • Potential for Legal Challenge: The current case may set a precedent for how Article 361 is interpreted regarding criminal acts committed by Governors.
      • If the court finds that immunity does not apply to acts that violate fundamental rights, it could pave the way for accountability and legal recourse for victims of misconduct by constitutional authorities.

    Conclusion: The Supreme Court’s interpretation of Article 361 could redefine the immunity of Governors, potentially allowing criminal proceedings for actions violating fundamental rights, thereby ensuring accountability and justice for victims.

    Mains PYQ:

    Q Discuss the essential conditions for the exercise of the legislative powers by the Governor. Discuss the legality of the re-promulgation of ordinances by the Governor without placing them before the Legislature. (UPSC IAS/2022)

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