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Digital Personal Data Protection Bill: Need A Pre-legislative Consultation
Central Idea
- The Ministry of Electronics and Information Technology has drafted a Digital Personal Data Protection (DPDP) Bill. A data protection law must safeguard and balance peoples’ right to privacy and their right to information, which are fundamental rights flowing from the Constitution. Unfortunately, this Bill fails on both counts.
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Why do we need data protection?
- Increasing internet use: India currently has over 750 million Internet users, with the number only expected to increase in the future.
- Data breaches: At the same time, India has among the highest data breaches in the world. Without a data protection law in place, the data of millions of Indians continue to be at risk of being exploited, sold, and misused without their consent.
- Individual privacy: Data monetization may happen at cost of individual privacy. The most sought-after datasets are those that contain sensitive personal data of individuals, ex. medical history, and financial data.
- Lack of writ proceedings against corporate action: Unlike state action, corporate action or misconduct is not subject to writ proceedings in India. This is because fundamental rights are, by and large, not enforceable against private non-state entities. This leaves individuals with limited remedies against private.
DPDP Bill, 2022 is based on seven principles
According to an explanatory note for the bill, it is based on seven principles-
- Lawful use: The first is that “usage of personal data by organisations must be done in a manner that is lawful, fair to the individuals concerned and transparent to individuals.”
- Purposeful dissemination: The second principle states that personal data must only be used for the purposes for which it was collected.
- Data minimisation: Bare minimum and only necessary data should be collected to fulfill a purpose.
- Data accuracy: At the point of collection. There should not be any duplication.
- Duration of storage: The fifth principle talks of how personal data that is collected cannot be “stored perpetually by default,” and storage should be limited to a fixed duration.
- Authorized collection and processing: There should be reasonable safeguards to ensure there is “no unauthorised collection or processing of personal data.”
- Accountability of users: The person who decides the purpose and means of the processing of personal data should be accountable for such processing.
Why the Bill must be put through a process of rigorous pre-legislative consultation?
- Dilutes the provisions of the Right to Information (RTI) Act: The Bill seeks to dilute the provisions of the Right to Information (RTI) Act, which has empowered citizens to access information and hold governments accountable. It is behind the cloak of secrecy that the rights of individuals are most frequently abrogated, and corruption thrives.
- Fails to safeguard right to privacy: Proposed Bill creates wide discretionary powers for the Central government and thus fails to safeguard people’s right to privacy.
- For instance: Under Section 18, it empowers the Central government to exempt any government, or even private sector entities, from the provisions of the Bill by merely issuing a notification.
- The Bill does not ensure autonomy of the Data Protection Board: Given that the government is the biggest data repository, it was imperative that the oversight body set up under the law be adequately independent to act on violations of the law by government entities. The Bill does not ensure autonomy of the Data Protection Board, the institution responsible for enforcement of provisions of the law.
- Government direct control over the Data Protection Board: The Central government is empowered to determine the strength and composition of the Board and the process of selection and removal of its chairperson and other members.
- Serious apprehensions of its misuse by the executive: The Central government is also empowered to assign the Board any functions under the provisions of this Act or under any other law.
- Going digital by design fails to those who do not have meaningful access: The Bill stipulates that the Data Protection Board shall be ‘digital by design’, including receipt and disposal of complaints. As per the latest National Family Health Survey, only 33% of women in India have ever used the Internet. The DPDP Bill, therefore, effectively fails millions of people who do not have meaningful access to the Internet.
Conclusion
- The government has been given the power to exempt not only government agencies but any entity that is collecting user data, from having to comply with the provisions of this bill when it is signed into law.
Mains question
Q. It is behind the cloak of secrecy that the rights of individuals are most frequently abrogated, and corruption thrives. Discuss.
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[Burning Issue] Shiv Sena Party Symbol Conundrum
Context
- The Election Commission of India (ECI) has recognized the Eknath Shinde group as the official “Shiv Sena”, allowing them to use the official “Bow & Arrow” symbol and “Shiv Sena” name.
- The Uddhav Thackeray faction has been allowed to use the name “Shiv Sena (Uddhav Balasaheb Thackeray)” and the symbol of the “flaming torch” for the upcoming bye-elections in the Maharashtra assembly.
- In this context, this edition of the burning issue will elaborate on the topic of allotment of elections symbols, EC’s role and overall party politics in India. The topic is important for the upcoming Prelims as well as Mains Examination.
What are party election symbols?
- An election symbol is a standardized symbol allocated to a political party. They are used by the parties during their campaigning and are shown on Electronic Voting Machines (EVMs), where the voter chooses the symbol and votes for the associated party.
- They were introduced to facilitate voting by illiterate people, who can’t read the name of the party while casting their votes.
How does the Election Commission decide on party symbol disputes?
- In the 1960s, the Government of India proposed that the regulation, reservation and allotment of electoral symbols should be done through a law of Parliament, i.e., Symbols Order.
- In a response to this proposal, the Election Commission of India (ECI) stated that the recognition of political parties is supervised by the provisions of the Election Symbols (Reservation and Allotment) Order, 1968 and so will the allotment of symbols. In 1968, the Election Commission promulgated this order.
- Symbols order has provisions regarding the registration and recognition of political parties as state and national parties.
- Under Paragraph 15 of the Order, it can decide disputes among rival groups or sections of a recognized political party staking claim to its name and symbol.
- As per the guidelines, when a recognized political party splits, the Election Commission decides on assigning the symbol by evaluating the support enjoyed by a claimant in both organizational and legislative wings. within the political party.
- Where it is not possible to decide which group has a majority, the EC may freeze the party’s symbol and allow the groups to register with new names.
- Additionally, the Supreme Court in the Sadiq Ali case (1972) formulated three tests for deciding on party symbol disputes. In this case, only one test proved conclusive.
3 tests formulated by the Supreme Court
Following are the three tests and their application as per which the ECI made its decision–
Test of Aims and Objects of the Party Constitution
- Regarding this test, the ECI found that the test could not yield an effective outcome as both sides claimed adherence to the aims and objectives of the party. Therefore, ECI held–
“The application of this test will render an inconclusive answer for the purpose of adjudicating the present dispute.”
Test of Party Constitution
- While applying this test, the commission found that the party constitution on which the respondent (Uddhav Thackeray faction) was placing strong reliance was undemocratic. Further, the complete list of office bearers of various bodies was not provided to the commission, whenever elections were held or appointments were made. As per the commission –
“Any reliance on the test of party constitution for determining the present dispute case would be undemocratic and catalytic in spreading such practices across parties.”
Test of Majority
- The election commission of India found that the majority test was in favor of the petitioner (Eknath Shinde faction). The commission found that the majority test outcome in the legislative wing reflected the qualitative superiority of the majority test in favor of the Shinde faction.
Bigger Picture: Democratic Deficit in Political Parties
- Several of the political parties in India have witnessed factionalism in the recent past some examples being Janata Dal (United), Samajwadi Party, Indian National Congress etc. highlighting the issue of democratic deficit in political parties.
- In its order, the ECI highlighted the importance of internal party democracy. It stated–
“The requirement for a written constitution of political parties and an undertaking to the effect that such Constitution adheres to the norms of democracy prescribed in the Constitution of India is meant to promote inner party democracy.”
Other Issues with Political Parties in India
- Lack of proper organisation: Another feature of the Indian party system is its lack of structure. Political parties live and die by their organization.
- Groupism inside India’s party structure: In India, groupism is a major problem for every political party. This shatters a party’s cohesiveness, causing it to split into several factions. Ex. INC, NCP, TMC.
- Extra-constitutional ways of gaining power: Political parties do not hesitate to utilize uncertain measures to gain political power in addition to legitimate means. Ex. Resort Politics
- Populist tendencies: In India, it is well-noticed that political parties turn to populist politics to gain power. They take unfair advantage of people’s emotions and compulsions, promote populist slogans, and mislead the public. Ex. Temple reconstruction movements
- Lack of discipline among party members: It has been observed that members of various political parties are unconcerned about party discipline, preferring instead to sling dirt at one another. Ex. Undue political statements
- Communal characteristics: The people of India are influenced by caste and religion, and they have a strong sense of allegiance to their caste and religion.
- Criminalization of politics: Leaders are valued for their capacity to attract crowds and raise funds as elections become more and more expensive.
How to attain Internal Democracy within parties?
- Internal elections: It shall be the duty of the political party to take appropriate steps to ensure the holding of elections at all levels. The political party shall hold elections in an unpartisan way by their ‘karyakartas’.
- Strengthening Anti-defection Law: The Anti-Defection Act of 1985 requires the party legislators to act according to the party whip which is decided by the diktats of the highest party leadership. One way to democratize political parties is to promote intra-party dissent.
- Limited reservations: Seats can be reserved for women and members of the backward community including minorities.
- Empowering ECI: The ECI shall be competent to inquire into allegations of non-compliance with any of the provisions requiring elections.
- Social audit and penal provisions: ECI should have the penal power to deregister a party until free and fair elections in the party are conducted.
- Encouraging a new generation of leaders: For a long, there is a widespread impression created that a lot of good people shy away from politics. It is, therefore, necessary that this impression be changed and efficient people brought into the political arena.
Way forward
- The 170th report of the Law Commission of India on the reform of electoral laws dedicated an entire chapter to the necessity of providing laws relating to internal democracy within parties.
- It observed that a political party that does not respect democratic principles in its internal working cannot be expected to respect those principles in the governance of the country.
- The National Commission for Review of Working of Constitution states that there should be comprehensive legislation regulating the registration and functioning of political parties or alliances of parties in India.
Conclusion
- The top leaders of the political parties need to introspect and allow for democratic decision-making in the party’s affair’s thus paving the way for intra-party democracy.
- Such a step would strengthen the Party Culture in India, thus improving the Political ethics and overall Politics in India.
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India plans to export Solar Power
Central idea: The article states that the Ministry for New and Renewable Energy is working towards increasing the production of solar modules in the country, with the goal of making India a net exporter of solar modules by 2026.
How can India be a net exporter of solar energy?
- Increased manufacturing of PV modules: By 2026, Indian industry will be able to manufacture solar modules worth 100 gigawatts (GW) annually, and help the country be a net exporter of solar power.
- Increased installation capacity: This would significantly aid India’s target of installing 500 GW of electricity capacity from non-fossil sources by 2030.
Issues with solar power sector
Ans. Reduced capacity
- Slow pace: India had planned to install 175 GW of renewable energy by December 2022, including 100 GW of solar power, but has only achieved 122 GW, with solar power accounting for only 62 GW.
- Huge cost: A key bottleneck has been the cost of solar modules (or panels).
- Regressive import duties: While India has traditionally relied on China-made components such as poly-silicon wafers, necessary to make modules, higher customs duty on them has shrunk supply. This was done to make equivalent India-manufactured components more competitive.
Motive behind export promotion
- Surplus generation: India need about 30-40 GW for our domestic purposes annually and the rest can be used for export.
- Manufacturing boost: PLI scheme for polysilicone manufacturing is in place are designed to encourage the manufacturers of ingots and wafers in India.
What obstructs solar power growth in India?
Ans. Land crunch
- Apart from module prices, land acquisition has been a major challenge for solar power manufacturers.
- Despite the Centre commissioning 57 large solar parks worth 40 GW in recent years, only 10 GW have been operationalized.
- Installing a megawatt of solar power requires on average four acres of land. So various developers face challenges in acquiring it and that’s one reason for the delay.
Various initiatives for solar energy in India
- International Solar Alliance (ISA): India, along with France, launched the ISA in 2015, a global platform to promote the use of solar energy.
- Solar Parks: The government has set up Solar Parks to provide land and infrastructure to developers for the installation of solar power projects.
- Rooftop Solar Program: The government has launched a rooftop solar program to promote the installation of solar panels on rooftops of residential and commercial buildings.
- Incentives and subsidies: The government has provided various incentives and subsidies to promote the adoption of solar energy, including tax exemptions, accelerated depreciation, and subsidies for capital costs.
Way forward
India has significant potential to become a major exporter of solar power. Here are some steps that can be taken to promote solar power export by India:
- Increase domestic production: To promote solar power export, India needs to increase domestic production of solar panels and equipment. This can be achieved by providing incentives and subsidies to domestic manufacturers, reducing import duties on raw materials, and investing in research and development.
- Focus on quality: Indian manufacturers need to focus on producing high-quality solar panels and equipment that can compete with products from other countries. The government can establish quality standards and certification programs to ensure that Indian-made products meet international quality standards.
- Develop infrastructure: India needs to develop a robust infrastructure to support the export of solar power, including transportation, storage, and transmission facilities. The government can provide support for the development of this infrastructure, such as funding and regulatory support.
- Partner with other countries: India can partner with other countries to promote the export of solar power. The International Solar Alliance, of which India is a founding member, can play a key role in this regard.
- Expand market access: India needs to expand market access for its solar power products by signing trade agreements with other countries and participating in international exhibitions and events. The government can also provide support for Indian companies to participate in trade fairs and exhibitions abroad.
By implementing these measures, India can promote the export of solar power and become a key player in the global solar energy market.
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Centre in final stages of notifying Emissions Trading Scheme
After the passing of the Energy Conservation (Amendment) Bill last December, the Centre is now in the final stages of notifying an Emissions Trading Scheme (ETS).
Emissions Trading Scheme (ETS)
- India does not currently have a national Emissions Trading Scheme (ETS). However, there have been some efforts to introduce an ETS in the country.
- In 2018, the Ministry of Environment, Forest and Climate Change (MoEFCC) released a draft of the National Clean Air Programme (NCAP).
- It proposed the introduction of a market-based mechanism for reducing air pollution for the first time.
- The mechanism was not explicitly called an ETS, but it was described as a “cap-and-trade system.”
Successful example of Carbon Market: EU’s emissions trading system (ETS)
- Under the EU’s ETS launched in 2005, member countries set a cap or limit for emissions in different sectors, such as power, oil, manufacturing, agriculture, and waste management.
- This cap is determined as per the climate targets of countries and is lowered successively to reduce emissions.
- Entities in this sector are issued annual allowances or permits by governments equal to the emissions they can generate.
- If companies produce emissions beyond the capped amount, they have to purchase additional permit, either through official auctions or from companies.
- This makes up the ‘trade’ part of cap-and-trade.
How is carbon price determined?
- The market price of carbon gets determined by market forces when purchasers and sellers trade in emissions allowances.
- Notably, companies can also save up excess permits to use later.
- Through this kind of carbon trading, companies can decide if it is more cost-efficient to employ clean energy technologies or to purchase additional allowances.
- These markets may promote the reduction of energy use and encourage the shift to cleaner fuels.
Other such examples
- China launched the world’s largest ETS in 2021, estimated to cover around one-seventh of the global carbon emissions from the burning of fossil fuels.
- Markets also operate or are under development in North America, Australia, Japan, South Korea, Switzerland, and New Zealand.
Significance of Carbon Market
- The World Bank estimates that trading in carbon credits could reduce the cost of implementing NDCs by more than half — by as much as $250 billion by 2030.
- Last year, the value of global markets for tradable carbon allowances or permits grew by 164% to a record 760 billion euros ($851 billion).
- The EU’s ETS contributed the most to this increase, accounting for 90% of the global value at 683 billion euros.
- As for voluntary carbon markets, their current global value is comparatively smaller at $2 billion.
What is the progress at UN?
- The UN international carbon market envisioned in Article 6 of the Paris Agreement is yet to kick off as multilateral discussions are still underway about how the inter-country carbon market will function.
- Under the proposed market, countries would be able to offset their emissions by buying credits generated by greenhouse gas-reducing projects in other countries.
- In the past, developing countries, particularly India, China and Brazil, gained significantly from a similar carbon market under the Clean Development Mechanism (CDM) of the Kyoto Protocol, 1997.
- India registered 1,703 projects under the CDM which is the second highest in the world.
- But with the 2015 Paris Agreement, the global scenario changed as even developing countries had to set emission reduction targets.
India’s efforts
The new Bill empowers the Centre to specify a carbon credits trading scheme.
- Issuance of credit certificates: Under the Bill, the central government or an authorised agency will issue carbon credit certificates to companies or even individuals registered and compliant with the scheme.
- Tradable carbon credits: These carbon credit certificates will be tradeable in nature. Other persons would be able to buy carbon credit certificates on a voluntary basis.
Existing mechanisms
- Notably, two types of tradeable certificates are already issued in India-
- Renewable Energy Certificates (RECs) and
- Energy Savings Certificates (ESCs)
- These are issued when companies use renewable energy or save energy, which are also activities which reduce carbon emissions.
Lacunas of the bill
- No clear mechanism: The Bill does not provide clarity on the mechanism to be used for the trading of carbon credit certificates— whether it will be like the cap-and-trade schemes or use another method— and who will regulate such trading.
- Confusion over nodal agency: The right ministry to bring in a scheme of this nature, pointing out that while carbon market schemes in other jurisdictions like the US, UK are framed by their environment ministries, the Indian Bill was tabled by the power ministry instead of the MoEFCC.
- Ambiguity over existing certificates: The Bill does not specify whether certificates under already existing schemes would also be interchangeable with carbon credit certificates and tradeable for reducing carbon emissions.
- Overlapping: The question, thus, is whether all these certificates could be exchanged with each other. There are concerns about whether overlapping schemes may dilute the overall impact of carbon trading.
Challenges to carbon markets
- Double counting: of greenhouse gas reductions
- Quality and authenticity: These parameters of climate projects that generate credits to poor market transparency
- Greenwashing: Companies may buy credits, simply offsetting carbon footprints instead of reducing their overall emissions or investing in clean technologies.
- Inefficiency: The IMF points out that including high emission-generating sectors under trading schemes to offset their emissions by buying allowances may immensely increase emissions on net.
Way forward
- Alignment with NDCs: The UNDP emphasizes that for carbon markets to be successful, emission reductions and removals must be real and aligned with the country’s NDCs.
- Transparent financing: It says that there must be “transparency in the institutional and financial infrastructure for carbon market transactions”.
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Telangana’s Teja Chilli is hot property in many nations
The burgeoning demand for the popular Teja variety of red chilli, famous for its culinary, medicinal and other wide-ranging uses, in the export market is proving to be a boon for the Telangana Agriculture Market.
Teja Chilli
- Teja or S17 is one of the hottest varieties of red chillies produced in India. (GI tag not accorded yet.)
- The chilli is known and liked across the country for its fierce hot flavor and rich aroma.
- Southern India is the main region of Teja or S17 red chilli production.
- It has a capsaicin content of 0.50-0.70% making it more pungent and spicy.
- The huge demand for Oleoresin, a natural chilli extract, is mainly driving the export of Teja variety to various spice processing industries in several Asian countries.
Where it is produced?
- Khammam district is the largest producer of Teja variety of red chilli.
- It is the leading exporter of the pungent fruit.
- The Mudigonda-based Oleoresin extraction firm of a Chinese company is engaged in export of the by product to its clients.
Trade significance of this chilli
- Teja variety of red chilli is being exported to China, Bangladesh and a few other south Asian countries from Khammam mainly through the Chennai port.
- The export of Teja variety of red chilli is expected to grow from the present ₹2000 crore per annum to ₹2500 crore next year.
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APJ Abdul Kalam SLV: India’s 1st Hybrid Rocket launched
India’s first hybrid sounding rocket by private players was launched by some students from Pattipulam village off Tamil Nadu coast.
About APJ Abdul Kalam SLV
- Martin Foundation in association with Dr APJ Abdul Kalam International Foundation and Space Zone India successfully completed the project known as Dr APJ Abdul Kalam Satellite Launch Vehicle Mission 2023.
- The student team included 200 from the fishermen community in Tamil Nadu and Pondicherry, 100 students from tribal communities across India, and 60 from Tamil Nadu.
What is a Hybrid Rocket?
- A hybrid rocket is a type of rocket engine that combines features of both liquid-fueled and solid-fueled rockets. In a hybrid rocket, a solid fuel is burned in combination with a liquid or gaseous oxidizer to produce thrust.
- The solid fuel in a hybrid rocket is typically made of a polymer, such as hydroxyl-terminated polybutadiene (HTPB), which is cast into a cylindrical shape and placed inside the rocket motor.
- The oxidizer, which is typically nitrous oxide (N2O), is stored in a separate tank and fed into the combustion chamber of the rocket motor.
How does it work?
- When the oxidizer is introduced into the combustion chamber, it reacts with the solid fuel, producing a hot gas that is expelled through a nozzle at the end of the rocket.
- The combustion process can be controlled by adjusting the flow rate of the oxidizer, making hybrid rockets more controllable than solid rockets.
Benefits offered over conventional rockets
- Hybrid rockets are generally simpler and less expensive to manufacture than liquid rockets, while providing more control than solid rockets.
- They are also safer than both liquid and solid rockets, since the fuel and oxidizer are stored separately and can be easily shut off in case of an emergency.
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Cooling Earth with Moon Dust
The article introduces the idea of using Moon dust to cool the Earth and explores the feasibility and potential risks associated with the proposal.
Moonlight cooling of Earth
- The idea of using lunar dust to cool the Earth’s temperature is based on a natural phenomenon called “moonlight cooling.”
- When the Moon’s surface reflects the sun’s rays, it cools down rapidly after sunset.
- Scientists believe that a thin layer of lunar dust could be used to create a similar effect on the Earth’s surface.
- The proposal suggests launching a spacecraft to the Moon to collect dust particles, which would then be transported to the Earth’s atmosphere and released.
Feasibility of the move
- This is not a new idea. In fact, it has been proposed before as a way to combat global warming, and several studies have been conducted to explore its feasibility.
- One study published in the journal Earth’s Future estimated that the technique could reduce the Earth’s temperature by 1.5 degrees Celsius, which is a significant amount in the context of climate change.
Risks and Drawbacks
- Health concerns: The dust could harm the environment or respiratory health if it is not properly controlled.
- Threats to aviation: The particles are abrasive and could damage aircraft engines or other machinery if they were to fall to the ground.
- Feasibility and cost: Collecting enough dust to make a significant impact on the Earth’s temperature would require a significant investment of resources, including launching multiple spacecraft to the Moon.
Frankenstein’s Monster Analogy
- The article draws a comparison between the proposed use of moon dust and the story of Frankenstein’s monster, in which a scientist creates a monster that ultimately causes destruction and chaos.
- The analogy suggests that the use of moon dust could have unintended consequences that are difficult to predict, and that such large-scale climate interventions should be approached with caution.
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Disqualification of Sitting MP: The Conundrum
Central Idea
- The instance where the Kerala High Court, in January this year, suspended the verdict passed by the Kavaratti District and Sessions Court (in an attempt to murder case) in which the then sitting Member of Parliament (MP) of Lakshadweep was sentenced to 10 years in jail. The issue is on whether disqualification for conviction is final or whether it can be revoked. This issue can arise whenever a legislator is disqualified.
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The background: Facts are as follows
- The facts are as follows. Mr. Faizal The then sitting MP of Lakshadweep was convicted by the Kavaratti sessions court on January 11 for attempt to murder, and sentenced to 10 years imprisonment.
- On January 13, the Lok Sabha announced that he was disqualified as an MP with effect from the date of conviction.
- On January 18, the Election Commission of India (ECI) fixed February 27 as the date for by-election to that constituency, with the formal notification to be issued on January 31.
- Faizal appealed to the Kerala High Court for a stay on his conviction and sentence, which the High Court suspended on January 25.
- The High Court suspended Faizal Faizal’s conviction due to the cost of a parliamentary election and the disruption of developmental activities in Lakshadweep.
- Faizal challenged the ECI’s announcement in the Supreme Court of India. On January 30, the ECI said it was deferring the election.
The specific provisions
- The provision for disqualification is given in Article 102 of the Constitution: It specifies that a person shall be disqualified for contesting elections and being a Member of Parliament under certain conditions. These include holding an office of profit, being of unsound mind or insolvent, or not being a citizen of India. It also authorises Parliament to make law determining conditions of disqualifications.
- The Representation of the People Act (RPA), 1951: The RPA provides that a person will be disqualified if convicted and sentenced to imprisonment for two years or more. The person is disqualified for the period of imprisonment and a further six years.
- Exception for the sitting members: There is an exception for sitting members; they have been provided a period of three months from the date of conviction to appeal; the disqualification will not be applicable until the appeal is decided.
A case of differential treatment of candidates
- Challenges under Article 14 of the constitution: The differential treatment of candidates for elections and sitting members was challenged under Article 14 (right to equality).
- Prabhakaran vs P. Jayarajan: A Constitution Bench of the Supreme Court, in 2005 (K. Prabhakaran vs P. Jayarajan), decided that the consequences of disqualifying a contestant and a sitting member were different.
- Reasoning behind treating differently: The strength of the party in the legislature would change, and could have an adverse impact if a government had a thin majority. It would also trigger a by-election. Therefore, it was reasonable to treat the two categories differently.
- Lily Thomas vs Union of India: In 2013, a two-judge Bench of the Supreme Court again considered whether this exception was constitutionally invalid (Lily Thomas vs Union of India). It stated that Article 102 empowers Parliament to make law regarding disqualification of a person for being chosen as, and for being, a member of either House of Parliament.
- Exception for sitting members was unconstitutional: The judgment stated that making an exception for sitting members was against the constitution. As per Article 101, if a Member of Parliament is disqualified under Article 102, their seat will become vacant immediately. This means that if the conditions outlined in Article 102 are met, the disqualification will take effect automatically and immediately.
What is the confusion?
- In Navjot Singh Sidhu case, Supreme Court stayed his conviction: Navjot Singh Sidhu, an MP, was convicted and sentenced to three years imprisonment. He resigned from his seat but wanted to contest the election and appealed for a stay on his conviction. In 2007, the Supreme Court stayed his conviction, which removed the disqualification until the appeal was decided, allowing him to contest the election.
- Question arises In Kerala case: The Lakshadweep seat was declared vacant, but the Election Commission of India (ECI) announced deferring the by-election after a stay order was granted. The Lok Sabha has kept the seat vacant and has not reinstated the MP. The question is whether the disqualification can be backdated, as if it never happened, and the election avoided. Or, whether the disqualification is removed only from the date of the stay order, and the vacated seat can be filled only through a by-election.
- Conundrum and Implications: The conundrum arises because the Lily Thomas judgment requires the seat to be vacated immediately upon disqualification, whereas the Kerala High Court stay aims to keep the MP in the seat until the appeal is decided. The answer to this issue will have implications for similar cases in the future.
Conclusion
- As India continues to strengthen its democratic system, one important issue that needs resolution is determining the correct answer for when a disqualification is removed for a sitting member of parliament who has been granted a stay on their conviction. The conflicting court judgments and constitutional provisions only highlight the need for a clear and definitive resolution to this issue, which will undoubtedly enhance the credibility and legitimacy of the Indian political system.
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Debating the Abolition of Judicial Vacations
Central Idea
- The longstanding tradition of judicial vacations in India has come under scrutiny as a parliamentary committee.
- Recent remarks by Chief Justice DY Chandrachud reignited discussions on the allocation of vacation days to Indian judges, shedding light on the intricate dynamics of judicial work patterns and the rationale behind vacation allotments.
Vacation in Judiciary
- Judicial Workdays: The Supreme Court has 193 working days annually, High Courts function around 210 days, and trial courts operate for 245 days. High Courts possess the authority to structure their calendars as per service rules.
- Long-standing Practice: The practice of vacations, particularly the extensive 7-week (formerly 10-week) summer recess, has its origins in colonial times.
Understanding Vacation Benches
- Composition and Role: The CJI appoints a Vacation Bench, a specialized court that operates during the Supreme Court’s summer and winter breaks. Although the court is not fully closed during vacations, this bench handles cases deemed “urgent matters.”
- Urgent Cases: While there is no explicit definition for “urgent matters,” the Vacation Bench typically entertains writs associated with habeas corpus, certiorari, prohibition, and quo warranto, all related to enforcing fundamental rights.
- Rule 6 of Order II of the Supreme Court Rules, 2013: Under this rule, the CJI nominates Division Benches for urgent miscellaneous and regular hearing matters during the summer vacation period. The rule allows for the appointment of judges to hear urgent cases individually or in a Division Court.
Historical Significance and Notable Cases:
- Impactful Decisions: Vacation Benches have delivered significant judgments in the past. A well-known instance is when a Vacation Bench Judge refused PM Indira Gandhi’s plea to stay an Allahabad High Court decision in 1975, which led to the Emergency declaration.
- Triple Talaq Case: In 2017, a Vacation Bench of the Supreme Court heard the triple talaq case during vacation days.
Debates and Arguments Surrounding Vacation Benches
[A] Arguments in Favor:
- Judicial Rejuvenation: Advocates emphasize the need for vacation periods to provide judges with mental and physical rejuvenation.
- Extended Work Hours: Considering the demanding nature of judicial work, proponents assert that the long working hours necessitate periodic breaks.
- Writing Judgments: Judges use vacation time to draft judgments, contributing to the timely disposal of cases.
[B] Arguments Against:
- Pendency and Delays: Critics argue that the extended and frequent vacations exacerbate the backlog of cases and contribute to the slow pace of justice delivery.
- Inconvenience to Litigants: For litigants, vacations translate to additional delays in case hearings.
Calls for Reform
- Malimath Committee (2000): The committee proposed reducing vacation periods by 21 days, advocating for the Supreme Court to operate for 206 days and High Courts for 231 days annually.
- Law Commission of India (2009): The commission recommended curtailing vacations by 10-15 days and extending court working hours to address the substantial backlog of cases.
- Supreme Court’s 2014 Rule Change: The Supreme Court truncated the summer vacation period from 10 weeks to seven weeks.
- RM Lodha Commission (2014): It suggested that individual judges should take leave at different times throughout the year instead of having all judges on vacation at once.
Proposed Approach and Suggested Changes
- Continuous Operation: The 133rd committee supports the notion that individual judges should take their leave at different intervals, thereby ensuring that the courts remain open throughout the year.
- Redefined Judicial Vacations: The parliamentary report calls for a reevaluation of the traditional concept of vacations, advocating for a more modern and efficient approach to court operation.
- Comparison with Other Countries: The report suggests that the vacation practices of the Supreme Court and High Courts should be reviewed in comparison to other countries’ higher courts and constitutional institutions.
Conclusion
- The debate surrounding the abolition of judicial vacations in India emphasizes the necessity for a dynamic and effective approach to court operations.
- While the tradition has historical significance, the current judicial landscape calls for a re-evaluation of practices to ensure efficient functioning, address the backlog of cases, and minimize inconveniences to litigants.
