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Subject: Fundamental Rights,DPSP

1. History + Evolution
2. Features
3. Amendments
4. Basic Structure

  • [pib] Samvidhaan Hatya Diwas’ on 25th June Every Year

    Why in the News?

    The Government of India has decided to observe 25th June every year as ‘Samvidhaan Hatya Diwas.’ 

    National Emergency imposition in India

    • June 25, 2025, will mark fifty years since the imposition of the Emergency.
    • The Emergency lasted from June 25, 1975, to March 21, 1977.
    • It was characterized by the suspension of civil liberties, press freedom, mass arrests, the cancellation of elections, and rule by decree.

    What was the Emergency?

    • PM Indira Gandhi’s government used constitutional provisions to impose sweeping executive and legislative control.
    • Opposition leaders were jailed, and fundamental rights, including freedom of speech and expression, were curtailed, leading to press censorship.
    • The federal structure was effectively converted into a unitary one, with the Union controlling state governments.
    • Parliament extended its term, made laws on state subjects, and extended the Union’s executive powers to the states.

    Legal and Constitutional Sanction

    • Article 352 allowed the President to proclaim an emergency if India’s security was threatened by war, external aggression, or armed rebellion.
    • In 1975, “internal disturbance” was used as grounds for the Emergency, citing incitements against the police and armed forces.
    • This was the only instance of emergency due to “internal disturbance,” later removed by the 44th Amendment in 1978.
      • Article 358 suspended limitations on Article 19 (“Right to freedom”).
      • Article 359 allowed the President to suspend the right to court enforcement of rights during an emergency.

    Political and Social Circumstances: A Timeline 

    • In 1974, the Navnirman movement against corruption in Gujarat led to President’s Rule.
    • Inspired by Navnirman, a student movement in Bihar, led by Jayaprakash Narayan (JP), aimed to cleanse the country of corruption and misgovernance.
    • In May 1974, George Fernandes led a massive railway workers’ strike.
    • On June 5, 1974, JP called for “Sampoorna Kranti” (total revolution).
    • On June 12, 1975, Justice Jagmohanlal Sinha of the Allahabad High Court convicted Indira Gandhi of electoral malpractice.
    • On June 25, 1975, President Fakhruddin Ali Ahmed signed the Proclamation of Emergency, cutting power to major newspapers and informing the Cabinet the next morning.

    Impact on Opposition Leaders, Media, and Political Dissenters

    • Almost all opposition leaders, including JP, were detained under the Maintenance of Internal Security Act (MISA).
    • Newspapers faced pre-censorship, with UNI and PTI merged into a state-controlled agency, Samachar.
    • More than 250 journalists were jailed, and The Indian Express resisted by printing blank spaces when stories were censored.
    • Sanjay Gandhi’s “five-point programme” included forced family planning and slum clearance, leading to forced sterilizations and violent clashes.

    Sanjay Gandhi’s “Five-Point Programme”

    Sanjay Gandhi, the younger son of then PM, Mrs. Indira Gandhi had come forward with a programme to ‘improve’ the condition of the poor people.

    His programme can be divided under five Headings, i.e.

    1. Adult Education.
    2. To abolish Dowry.
    3. To Grow more trees.
    4. Family planning – only two children.
    5. Eradication of caste system.

    Legal Changes during the Emergency

    • With opposition leaders in jail, Parliament passed amendments barring judicial review of the Emergency and securing the Prime Minister’s election.
    • The 42nd Amendment expanded Union authority over states and gave Parliament unbridled power to amend the Constitution.
    • In ADM Jabalpur vs. Shivkant Shukla (1976), the Supreme Court ruled that detention without trial was legal during an emergency, with Justice H.R. Khanna dissenting.

    Lifting the Emergency and Aftermath

    • Indira Gandhi lifted the Emergency in early 1977, leading to her defeat in the elections.
    • The Janata Party emerged victorious, with Morarji Desai becoming India’s first non-Congress Prime Minister.
    • The Janata government reversed many constitutional changes from the 42nd Amendment, made judicial review of emergency proclamations possible, and removed “internal disturbance” as grounds for emergency imposition.

    PYQ:

    [2022] Which of the following is/are the exclusive power(s) of Lok Sabha?

    1. To ratify the declaration of Emergency
    2. To pass a motion of no-confidence against the Council of Ministers
    3. To impeach the President of India

    Select the correct answer using the code given below:

    (a) 1 and 2

    (b) 2 only

    (c) 1 and 3

    (d) 3 only

  • Muslim Women entitled to seek Alimony, says SC

    PC: Hindustan Times

    Why in the News?

    • The Supreme Court has ruled that a divorced Muslim woman is entitled to seek maintenance from her husband under Section 125 of the Criminal Procedure Code (CrPC).
      • The court asserted that any discrimination against Muslim women in matters of alimony under the secular laws of the country would be regressive and against gender justice, equality.

    Story so far:

    • The Supreme Court bench rejected the argument that Section 125 of the CrPC does not apply to Muslims because they have their own personal law.
    • The court ruled that the Muslim Women (Protection of Rights on Divorce) Act, 1986, does not override the secular law.

    Key Points of the Judgment

    • Legal Standing: “There cannot be the disparity in receiving maintenance on the basis of the law under which a woman is married or divorced.”
    • Application of Section 125: Justice Nagarathna emphasized, “Section 125 of the CrPC cannot be excluded from its application to a divorced Muslim woman irrespective of the law under which she is divorced.”
    • Role of the 1986 Act: The judgment underscored that rights granted under the 1986 Act to receive maintenance during ‘iddat’ are in addition to, not in derogation of, those under Section 125 of the CrPC.

    Muslim Women (Protection of Rights on Divorce) Act, 1986:

    Purpose:

    • To protect the rights of Muslim women who have been divorced by, or have obtained a divorce from, their husbands.
    • To provide for matters connected with or incidental to their divorce.

    Key Provisions:

    • Maintenance:
      • During Iddat Period: A Muslim woman is entitled to a reasonable and fair provision and maintenance from her husband during the iddat period (a waiting period after divorce).
      • Post-Iddat Maintenance: If she cannot maintain herself after the iddat period, she can claim maintenance from her relatives who would inherit her property on her death. If no relatives are available, the State Wakf Board is responsible for her maintenance.
    • Mehr (Dower): The woman is entitled to the payment of mehr (dower) that was agreed upon at the time of marriage.
    • Return of Property: The woman is entitled to all the properties given to her before or at the time of marriage or after the marriage by her relatives, friends, husband, or any other person.
    • Rights of Children: The Act also provides for the maintenance of children born out of the marriage until they reach the age of two years.
    • Application to Magistrate:
      • A divorced woman, or someone acting on her behalf, can apply to a Magistrate for an order under the Act.
      • The Magistrate has the authority to make orders for payment of maintenance, mehr, and return of property.

    Criticisms and Issues:

    • Limited Scope: Critics argue that the Act’s provisions are limited to the iddat period and do not ensure long-term maintenance.
    • Dependence on Relatives: Post-iddat maintenance depends on relatives, which might not always be practical or feasible.
    • Role of Wakf Board: The effectiveness of the Wakf Board in providing maintenance has been questioned due to administrative and financial constraints.
    • Violation of Right to Equality: The MWPRD Act has been criticized for creating discriminatory practices by limiting the maintenance period for Muslim women compared to women of other communities, thus violating the Right to Equality under Article 14 of the Constitution.

    Context and Historical Perspective:

    • Shah Bano Case (1985): The court referenced the landmark Shah Bano case, which affirmed Muslim women’s right to maintenance under Section 125 of the CrPC.
    • Danial Latifi Case (2001): It highlighted subsequent interpretations ensuring that the 1986 Act does not deprive Muslim women of rights under Section 125.
    • Rejection of Restrictions: The court rejected restrictive interpretations that could hinder gender justice and emphasized the importance of providing adequate maintenance, not minimal amounts, to destitute Muslim women.
    • Continuation of Section 144: The judgment noted that the Bharatiya Nagarik Suraksha Sanhita, 2023, which has replaced the CrPC, retains the older provision on alimony under Section 144.

    Section 125 of the Criminal Procedure Code (CrPC)

    Purpose:

    • Maintenance Orders: Section 125 of the CrPC provides for the maintenance of wives, children, and parents who are unable to maintain themselves.

    Key Provisions:

    • Eligible Persons:
      • Wife: Includes a divorced wife who has not remarried.
      • Legitimate and illegitimate minor children.
      • Adult children are unable to maintain themselves due to physical or mental abnormalities.
      • Parents: Includes both father and mother who are unable to maintain themselves.
    • Conditions:
      • The person liable to pay maintenance has sufficient means.
      • The person liable has neglected or refused to maintain the eligible person.
    • Order: The Magistrate can order a monthly allowance for the maintenance of the eligible person.
    • Maximum Amount: There is no fixed maximum amount; it is determined by the Magistrate based on the circumstances.

    Significance:

    • Social Justice: It aims to prevent vagrancy and destitution by ensuring that dependents are provided for.
    • Secular Applicability: It applies to all religions and is not specific to any particular religion.

    Implications and Legal Precedent

    • Equality under Law: The judgment reinforces the principle that Muslim women have the same legal recourse as women of other faiths under Section 125 of the CrPC.
    • Additional Remedies: It affirmed that provisions like the Muslim Women (Protection of Rights on Marriage) Act, 2019, do not exclude rights under Section 125.

     

    PYQ:

    [2020] Customs and traditions suppress reason leading to obscurantism. Do you agree?

    [2019] Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice?

    (a) Article 19
    (b) Article 21
    (c) Article 25
    (d) Article 29

  • Amidst politicians’ new reverence for the Constitution, one thing to remember 

    Why in the news? 

    Voters have cleverly embraced the idea of constitutional principles to protect their freedoms. It’s now everyone’s responsibility, including elected officials, citizens, and the judiciary, to ensure that there’s no overreach.

    Constitutional Provisions:

    • Article 99: Mandates that every member of Parliament must take an oath or affirmation to uphold the Constitution.
    • Third Schedule: Specifies the form of oath or affirmation that members of Parliament, judges of the Supreme Court, and High Courts must take.
    • Part III (Fundamental Rights): Guarantees civil liberties, such as the rights to equality, freedom of speech, and right to life.
    • Part IV (Directive Principles of State Policy): Provides guidelines for governance, directing the state in certain policy matters for the welfare of citizens.

    Basic Structure and Foundational Principles:

    • Kesavananda Bharati Case (1973): Established the doctrine that certain features of the Constitution are beyond the amending power of Parliament if they violate its “Basic Structure”, ensuring that fundamental principles like democracy, secularism, judicial review, and federalism cannot be altered.
    • Foundational Principles: Include the rule of law, separation of powers, judicial independence, and protection of fundamental rights.

    Basic Structure and foundational principles should never be allowed to be eclipsed                                     

    • Protection of Fundamental Rights: The Basic Structure doctrine protects fundamental rights and core principles like democracy, secularism, judicial independence, and federalism in India.
    • Preservation of Constitutional Balance: Eclipsing the Basic Structure and foundational principles could upset the delicate balance of powers among the legislature, executive, and judiciary. These principles ensure that no single branch of government becomes disproportionately powerful, thereby maintaining the checks and balances essential for democratic governance.
    • Upholding the Rule of Law: The Basic Structure doctrine reinforces the supremacy of the Constitution as the supreme law of the land. By preventing its core principles from being undermined or diluted through constitutional amendments or legislative actions, it ensures that all state actions, including laws passed by Parliament, are consistent with constitutional norms and the rule of law.

    Significance of “Judicial Overreach”:

    • Protection of Rights: Judicial overreach often arises when courts intervene to protect fundamental rights guaranteed by the Constitution, especially when legislative or executive actions are perceived to violate these rights.
    • Checks and Balances: It serves as a crucial check on the powers of the legislature and executive, ensuring that their actions conform to constitutional principles and do not exceed their authority.
    • Defending the Constitution: Courts may intervene to uphold the supremacy of the Constitution, ensuring that laws and actions comply with its provisions, including the Basic Structure doctrine established in the Kesavananda Bharati case.

    Criticisms of judicial overreach:

    • Interference with the Separation of Powers: Critics argue that judicial overreach interferes with the constitutional principle of separation of powers.
    • Lack of Accountability: Another criticism of judicial overreach is that the judiciary is not accountable to the people in the same way that elected representatives are. Because Judges are appointed, not elected 
    • Dilution of Democracy: Some critics argue that judicial overreach can undermine the democratic process by taking important decisions out of the hands of elected officials and placing them in the hands of judges.  

    Mains PYQ: 

    Q What was held in the Coelho case? In this context, can you say that judicial review is of key importance amongst the basic features of the Constitution? (UPSC IAS/2016)

  • [3rd July 2024] Great expectations, liberalism in dark times

     

    PYQ Relevance:

    Mains: 

    Q. In the context of the neo-liberal paradigm of development planning, multi-level planning is expected to make operations cost-effective and remove many implementation blockages.” Discuss. (UPSC IAS/2019)

    Q. ‘Whether National Commission for Scheduled Castes (NCSC) can enforce the implementation of constitutional reservation for the Scheduled Castes in the religious minority institutions? Examine. 

     (UPSC IAS/2018)

    Note4Students: 

    Prelims: Definition of Liberalism;

    Mains: Challenges to liberalism;

    Mentor comment: Politics, like philosophy, aims to reconcile diversity, where contradictions converge in a multicultural society. Understanding this harmony reflects an idealistic state that prioritizes coexistence and universal welfare. However, global democratic history reveals ongoing challenges to liberalism, which safeguards against authoritarianism and protects civil rights. Amid rising sectarianism, the fundamental question persists: Who deserves basic rights? This issue underscores civil discrimination, racial politics, and xenophobia, exacerbated by the rise of right-wing nationalism and global migration dynamics.

    Let’s learn.

    –

    Why in the News?

    There remains a glimmer of hope in the resilience of democratic forces, which can effectively counteract and uproot any divisive political aberration when the time is ripe.

    What is Liberalism?

    • Liberalism is a political and philosophical ideology that emphasizes individual rights, liberty, equality under the law, and limited government intervention in personal and economic affairs. It advocates for freedoms such as freedom of speech, press, religion, and assembly, and supports democratic processes, rule of law, and protection of civil liberties. Liberalism typically promotes social progress through tolerance, pluralism, and a commitment to human rights and justice.

     

     Electoral outcomes

    • Shift in Public Opinion: There is a noticeable shift towards conservative and right-wing ideologies, marked by sentiments such as climate scepticism, anti-migration views, and nationalism. This trend was reflected in recent elections both in Europe and India.
    • Voter Response: Despite expectations favouring right-wing outcomes, the electorate, particularly in India, was surprised with a strong rejection of what was perceived as authoritarianism and communalism. This indicates a robust defense of democratic values and fundamental rights.
    • Impact on Minority Communities: The election results have been seen as a reassurance to minority communities, particularly Muslims, who felt marginalized and insecure due to perceived policies of exclusion and communal tension.
    • Democratic Fortitude: The outcome is portrayed as a reaffirmation of democracy’s strength in allowing for checks and balances against oppressive regimes and divisive politics.
    • Hope for Robust Opposition: There is optimism about the emergence of a strong opposition capable of holding the government accountable, promoting debate, and safeguarding diverse civil society interests.
    • Challenges and Aspirations: The electorate expects rational governance, justice, and responsiveness to marginalized groups’ issues such as poverty, unemployment, and hunger.
    • Ethical Governance: Emphasis is placed on governance that respects human rights universally, avoiding discrimination or exclusion based on ethnicity, religion, or political affiliation.

    Verdict and the Advent of Hope

    • Challenge to Democracy: The passage highlights a global erosion of democratic values, with right-wing governments accused of manipulating truth and resorting to oppressive tactics to maintain power.
    • Call for Tempered Liberalism: There’s a plea for ruling dispensations to embrace a more moderate form of liberalism, abandoning illiberal practices that undermine democratic norms and freedoms.
    • Role of Opposition: Expectations are set on opposition alliances to uphold principles of humility, pluralism, and modesty, providing a counterbalance to dominant political forces.
    • Philosophical Reflection: The outcome of elections prompts reflection on political astuteness and statesmanship, essential for navigating the trajectory of democracy amidst global challenges.
    • Natural vs Civil Order: Drawing from Spinoza, the clash between natural self-interest and civil responsibility underscores the necessity of societal order governed by law and morality to prevent chaos and uphold rights.
    • Hope and Scepticism: The Indian electoral outcome reflects a dual sentiment of hope and scepticism, shaping the future direction of democracy and fostering philosophical introspection.

    Challenges to liberalism:

    • Rise of Right-Wing Sentiment: There is a global trend towards right-wing ideologies, marked by climate scepticism, anti-migration sentiment, and nationalist fervour, posing challenges to liberal values and policies.
    • Authoritarianism and Communalism: The resurgence of authoritarianism and communal politics threatens democratic principles and societal harmony, particularly impacting marginalized communities like Muslims.
    • Hope and Despair: The electorate’s response reflects a mix of hope and despair, with optimism placed in a robust opposition and democratic institutions to safeguard fundamental rights and uphold civil society diversity.
    • Balancing Public and Private: The need for a nuanced approach in reconciling private religious beliefs with public, politicized lifestyles without diminishing individual rights is crucial for fostering a tolerant society.

    Way forward: 

    • Policy Reforms: Implement inclusive policies that address economic disparities, social inequalities, and regional disparities effectively. This includes measures to tackle poverty, unemployment, and hunger through targeted welfare programs.
    • Social Integration: Foster initiatives that promote social cohesion and integration across diverse communities. Encourage dialogue and understanding among different cultural and religious groups to mitigate communal tensions.
    • Democratic Checks and Balances: Enhance the autonomy and effectiveness of democratic institutions such as the judiciary, election commissions, and anti-corruption bodies. Ensure they operate independently and transparently to uphold democratic principles.
    • Dialogue and Consensus-Building: Foster inclusive decision-making processes that involve stakeholders from diverse backgrounds. Encourage political parties to engage in constructive dialogue and seek consensus on key policy issues.
  • [29th June 2024] The Hindu Op-ed: Preaching consensus, provoking confrontation

    [29th June 2024] The Hindu Op-ed: Preaching consensus, provoking confrontation

    PYQ Relevance: 

    Q Simultaneous election to the Lok Sabha and the State Assemblies will limit the amount of time and money spent in electioneering but it will reduce the government’s accountability to the people’ Discuss. (UPSC IAS/2017)

    Q Individual Parliamentarian’s role as the national lawmaker is on a decline, which in turn, has adversely impacted the quality of debates and their outcome. Discuss. (UPSC IAS/2019)

    Mentors’ comment: In India, the opposition plays a crucial role in democracy by providing checks and balances to the ruling government. It holds the government accountable, scrutinizes policies, ensures diverse perspectives are considered, and represents alternative viewpoints to foster balanced decision-making. Through debates, criticism, and proposing alternative policies, the opposition helps uphold democratic principles, safeguard citizen interests, and contribute to the overall governance and development of the country.

    Let’s learn!

    Why in the News?

    On June 4, 2024, the electorate decisively delivered its verdict, marking a significant personal, political, and moral setback for the Prime Minister, who had portrayed himself with near-divine status throughout the campaign.

    The Fading of Accommodation

    • Confrontational Approach: Despite the clear message from the voters, Prime Minister Modi continues with his confrontational approach, ignoring the need for consensus.
    • Unchanged Attitude: The initial days of the 18th Lok Sabha showed no signs of a changed attitude, with hopes for mutual respect and accommodation being dashed.
    • Speaker and Deputy Speaker Controversy: The INDIA bloc parties had agreed to support the government’s choice for Speaker but expected the Deputy Speaker position to go to the Opposition, a request denied by the regime.
    • Diversion Tactics: The Prime Minister and his party dredged up the Emergency, diverting attention from current constitutional and institutional issues.

    Issues That Need Extensive Debate

    • Suspension of MPs: The unprecedented suspension of 146 MPs demanding a discussion on Parliament’s security breach was a tactic to pass criminal justice laws without debate.
    • Concerns over New Laws: Legal experts have raised concerns about these criminal justice laws, suggesting they should undergo fuller parliamentary scrutiny.
    • Environmental and Educational Issues: Amendments to forest conservation and biological diversity laws were pushed through without debate, risking ecological and humanitarian disasters. The NEET scandal, affecting lakhs of students, was downplayed by the Education Minister, with the Prime Minister remaining silent.
    • Violence against Minorities: Increasing violence against minorities, with allegations of arbitrary demolitions and collective punishment in BJP-ruled states, points to a broader issue of human rights and the rule of law. The communal rhetoric during elections and subsequent actions undermines social harmony and requires careful deliberation on safeguarding minority rights and upholding constitutional values.
    •  Manipur Crisis: The unrest in Manipur post-elections and the subsequent handling by authorities highlight governance challenges in sensitive regions. The Prime Minister’s absence and the political fallout underscore the need for inclusive dialogue and effective crisis management to restore social harmony and address grievances.
    • Issues related to Leadership and Accountability: Criticism of the Prime Minister’s leadership during these crises raises questions about governance style and accountability. 

    Role of INDIA bloc as Opposition: 

    • Non-confrontational Approach: The INDIA bloc parties, led by Rahul Gandhi, emphasize cooperation over confrontation in Parliament. This approach aims to foster productive discussions and ensure impartial conduct of proceedings.
    • Commitment to Productivity: Opposition leaders are committed to restoring balance and productivity in Parliament. They seek to amplify the concerns and voices of millions of citizens who elected them, ensuring their representation is meaningful and impactful.
    • Democratic Duties: The Opposition’s role is to raise and address the concerns of the people they represent. They aim to hold the government accountable and advocate for policies that reflect the needs and aspirations of diverse Indian communities.
    • Hopes for Positive Response: While initial interactions with the government may not have been promising, the Opposition remains hopeful for a positive response from the Treasury benches. This optimism is rooted in the democratic process and the belief that constructive engagement can lead to effective governance.
    • Unity for National Interest: Leaders within the INDIA bloc emphasize unity for national interest. By advocating for balanced parliamentary proceedings and cooperation across party lines, they aim to ensure that legislative decisions reflect broader consensus and benefit the nation as a whole.

    Conclusion: The recent election results are a clear mandate for change, urging the Prime Minister and his government to reflect on their approach and governance style. Engaging in Dialogue is essential for the government to heed the electorate’s message, engage in meaningful dialogue, and address the critical issues facing the country.

    https://www.thehindu.com/opinion/lead/preaching-consensus-provoking-confrontation/article68343827.ece

  • How the PESA has boosted Forest Conservation in India?

    Why in the News?

    Conservation policies in India have long wrestled with dual conflicts: balancing conservation goals against local communities’ resource extraction needs, and reconciling conservation with the imperative of economic development.

    Structural Mandate of Panchayat (Extension to Scheduled Areas) Act (PESA):

    • PESA was passed in 1996 and it mandates local government councils in Scheduled Areas to reserve all chairperson positions and at least half of the seats for Scheduled Tribes (ST).
    • This legislative framework is designed to empower marginalized communities by giving them a direct say in local governance and resource management.

    Implementation in India:

    • Unlike the 73rd Amendment (which applies to non-Scheduled Areas), PESA ensures mandated representation for STs in decision-making bodies.
    • Variations in PESA implementation across states highlight challenges and successes in translating legislative intent into effective governance structures.

    How it Ensures Equitable Representation:

    • Impact on Forest Conservation: The study employs a “difference-in-differences” methodology to analyze the effect of PESA on forest cover. Findings indicate that areas with mandated ST representation under PESA experience lower rates of deforestation and higher afforestation rates compared to areas without such representation.
    • Economic Incentives for Conservation: ST communities, dependent on forest resources for livelihoods, are incentivized to protect forest cover under PESA. This “forest stewardship” mechanism emerges as STs engage in sustainable practices and resist deforestation pressures driven by mining and commercial interests.

    On Democratic Decentralization:

    • Comparison with Administrative Decentralization: The paper distinguishes between administrative decentralization (focused on efficiency) and democratic decentralization. Democratic decentralization, as exemplified by PESA, emphasizes representative and accountable local governance structures with decision-making autonomy over resource management.
    • Single Umbrella Institution: Advocates for consolidating power into a single, empowered institution that integrates both conservation and development objectives. Such an institution would better navigate the complexities of balancing local economic interests with sustainable conservation practices.

    Conclusion: PESA serves as a critical example of how legislative mandates for political representation can drive positive environmental outcomes while addressing socio-economic disparities among forest-dwelling communities in India.

    Mains PYQ:

    Q What are the two major legal initiatives by the state since Independence, addressing discrimination against Scheduled Tribes (ST)? (UPSC IAS/2017)

  • NHRC Notice to Centre on Worker Rights Violation in Haryana

    Why in the News?

    • The National Human Right Commission (NHRC) issued notice to the Centre over reports from a Amazon company’s warehouse in Haryana’s Manesar.
      • Employees were allegedly forced to pledge not to take toilet or water breaks until unloading six trucks post 30-minute tea break.

    NHRC’s Observations and Actions

    • NHRC views this as a serious human rights violation, potentially breaching labour laws and Ministry guidelines.
    • Notice was issued to the Secretary, Union Ministry of Labour and Employment for a detailed report within a week.

    About National Human Rights Commission (NHRC)

    Details
    Establishment
    • A Statutory Body;
    • Established under the Protection of Human Rights Act, 1993.
    Functions
    • Inquire into any violation of human rights
    • Recommend immediate interim relief to victims or their families
    • Intervene in court proceedings involving human rights violations
    • Review constitutional and legal safeguards for human rights
    • Study international instruments on human rights
    • Promote human rights literacy
    • Support the efforts of NGOs working in the field of human rights
    Powers
    • Regulate its own procedure
    • Possess all the powers of a civil court
    • Proceedings have a judicial character
    Chairperson
    • Must be a former Justice of the Supreme Court or Chief Justice of the Supreme Court
    • Appointed by the President of India
    Members Four full-time members;

    • Chairperson: former Supreme Court Justice or Chief Justice;
    • Other Member: former Judge of the Supreme Court;
    • Other Member: former Chief Justice of a High Court;
    • Three Members: with knowledge or experience in human rights, including at least one woman –

    Seven ex-officio members:  Chairpersons of National Commissions viz., National Commission for Scheduled Castes, National Commission for Scheduled Tribes, National Commission for Women , National Commission for Minorities, National Commission for Backward Classes, National Commission for Protection of Child Rights; and the Chief Commissioner for Persons with Disabilities.
    Appointment
    • Appointed by the President, based on a committee recommendation including the Prime Minister, Speaker of Lok Sabha, Home Minister, Leaders of the Opposition in Lok Sabha and Rajya Sabha, and others
    • Consultation with the Chief Justice of India for judicial appointments
    Removal
    • Removal by order of the President of India
    • Consultation with the Supreme Court before removal
    Terms of Office
    • Hold office for a term of three years or until the age of 70
    • Ineligibility for further government employment after office
    • Eligible for reappointment
    Salaries Determined by the Central government
    Reporting
    • Submits annual or special reports to the Central government and the concerned State government
    • Reports laid before the respective legislatures, along with a memorandum of action taken on the recommendations and reasons for non-acceptance of any recommendations
    Limitations
    • The commission is not empowered to inquire into any matter after the expiry of one year from the date on which the act constituting the violation of human rights is alleged to have been committed
    • Functions are recommendatory in nature, with no power to punish or award relief to violators
    • Limited role concerning armed forces violations

    Government Initiatives for Worker Welfare in India:

    Description
    Constitutional Framework Labour falls under the Concurrent List, allowing both Central and State governments to enact laws.

    Articles 14, 16, and 39(c) ensure equality and welfare principles.
    Judicial Interpretation under Randhir Singh vs Union of India (1982) Upholds ‘Equal pay for Equal work’ through constitutional articles, promoting fairness in employment.
    Legislative Framework Introduction of 4 labour codes:

    • Code of Wages, 2019: Standardizes wage payments across sectors.
    • Industrial Relations Code, 2020: Consolidates laws related to industrial disputes and trade unions.
    • Social Security Code, 2020: Expands social security benefits coverage for workers.
    • Occupational Safety, Health and Working Conditions Code, 2020:  Ensures safety and welfare standards in workplaces.
    “Shramev Jayate” Initiative Launched in 2014 to maximize benefits for workers through enhanced welfare initiatives.
    Maternity Benefit Amendment Act, 2017 Increases paid maternity leave from 12 to 26 weeks, supporting maternal health and childcare.

    PYQ:

    [2015] “Success of ‘Make in India’ programme depends on the success of ‘Skill India’ programme and radical labour reforms.” Discuss with logical arguments.

    [2011] Consider the following:

    1. Right to education.
    2. Right to equal access to public service.
    3. Right to food.

    Which of the above is/are Human Right/Rights under “Universal Declaration of Human Rights”?

    (a) 1 only

    (b) 1 and 2 only

    (c) 3 only

    (d) 1, 2 and 3

  • Time for a Census, come what may

    Why in the news?

    Why has the 2021 Census been delayed for so long? One plausible explanation is that the Bharatiya Janata Party (BJP) is postponing the Census to expedite the “delimitation” process in preparation for the 2029 Lok Sabha elections.

    The 84th Amendment of the Constitution

    • Delimitation Based on Census: The 84th Amendment specifies that the next delimitation exercise must be based on the first census conducted after 2026.
    • Timing for Delimitation: If the next census occurs before 2026, delimitation would be delayed until after the subsequent census in the 2030s.
    • Impact on State Representation: Delimitation aims to adjust the shares of different states in Lok Sabha seats to match their population shares, and ensure similar population sizes across constituencies.
    • Shift in Seat Balance: The upcoming delimitation is expected to favour northern states with faster population growth since 1973, potentially at the expense of southern states.

    About the 106th Amendment

    • Women’s Reservation: Passed in September 2023, this amendment provides for one-third reservation of seats for women in the Lok Sabha and State Assemblies.
    • Implementation: The reservation is to come into effect “after an exercise of delimitation is undertaken for this purpose after the relevant figures for the first census taken after [2023] have been published.”
    • Separate Delimitation for Women: The phrase “for this purpose” suggests that women’s reservation could be implemented through its own delimitation exercise, separate from the broader delimitation mandated by the 84th Amendment.
    • Interpretation: This allows for the possibility of initiating women’s reservation based on an early census, without waiting for the larger delimitation exercise.

    Overall Implications

    Impact on the Southern States:

    • Seat Redistribution: Delimitation is expected to shift more Lok Sabha seats to northern states with higher population growth, potentially reducing the representation of southern states.
    • Political Backlash: Southern states may react negatively to losing representation, which could lead to increased regional tensions and opposition to the BJP in these areas.

    Women’s Reservation:

    • Implementation Delay: Postponing the census could delay the implementation of the 106th amendment, which mandates one-third reservation for women in the Lok Sabha and State Assemblies.
    • Separate Delimitation: There is a possibility of initiating women’s reservation through a separate delimitation exercise, independent of the broader delimitation mandated by the 84th Amendment.

    Welfare and Entitlements:

    • Updated Data Needs: Census data are crucial for implementing welfare schemes and ensuring that resources are allocated based on the most recent population figures.
    • Impact on Beneficiaries: Delaying the census deprives millions of people of updated entitlements, such as food rations under the National Food Security Act, affecting their access to essential services.

    Way forward: 

    • Timely Census Completion: Ensure the 2021 Census is conducted promptly to provide accurate data for welfare schemes and fair resource allocation, benefiting millions of citizens who rely on updated population figures for essential services.
    • Separate Delimitation for Women’s Reservation: Implement women’s reservation through a separate delimitation exercise as allowed by the 106th Amendment, enabling the reservation to take effect without waiting for the broader delimitation mandated by the 84th Amendment.

    Mains PYQ:

    Q Empowering women is the key to controlling the population growth.” Discuss. (UPSC IAS/2019)

  • [19th June 2024] The Hindu Op-ed: The boomerang effect in this general election, and how

    [19th June 2024] The Hindu Op-ed: The boomerang effect in this general election, and how

    PYQ Relevance:

    Q. Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct. (UPSC IAS/2022)

    Q. To enhance the quality of democracy in India the Election Commission of India has proposed electoral reforms in 2016. What are the suggested reforms and how far are they significant to make democracy successful? (UPSC IAS/2017)

    Mentors Comment: The 2024 general election verdict has various interpretations. Some believe it has expanded the space for dissent and democracy, while others see it as a check on Prime Minister Modi’s perceived authoritarianism. Philosophically, it signifies a civilisational response against the BJP’s Hindutva project, which has polarized Hindus rather than uniting them, proving counterproductive.

    Let’s Learn!

    Why in the News?

    • Interpreting the Outcome: The 2024 general election outcome has sparked diverse interpretations, portraying it either as a resurgence of dissent and democracy or as a check on what critics label as Prime Minister Narendra Modi’s authoritarian rule.
    • Deeper Philosophical Narrative: Beyond surface impacts, the election outcome reflects underlying philosophical shifts in Indian politics.

    Philosophical Underpinnings of the Verdict

    • Resurgence of Civilizational Ethos: The verdict can be interpreted as a revival of India’s civilizational ethos, countering the BJP’s Hindutva agenda.
    • Polarization within Hindu Society: Hindutva’s attempt to unite Hindus against perceived threats has instead deepened divisions within Hindu communities.

    Constitutional Significance

    • Central Theme of the Election: The Constitution emerged prominently in the election discourse amid concerns over potential amendments that could impact affirmative action for backward castes and tribes.
    • Critique by RSS and Allies: Historically, the RSS and its allies have critiqued the Constitution, seeking to undermine its provisions despite assertions of commitment to secularism.

    The Role of the Constitution

    • Symbol of Corrective Justice: The Constitution symbolizes corrective justice for historical injustices within Hindu society and stands against efforts to glorify a selective Hindu past that marginalizes minorities.
    • Hypocrisy of Right-Wing Rhetoric: While proponents claim secularism as inherent to Hindu ethos, their rhetoric often targets and demonizes minorities, undermining their claims of upholding constitutional values.

    Political Repercussions

    • BJP’s Electoral Setback: The BJP’s setback in the 2024 elections signals public rejection of attempts to manipulate the Constitution and exploit anti-minority sentiments.
    • Ayodhya Defeat: The electoral defeat in Ayodhya, where a Dalit candidate prevailed, underscores voters’ prioritization of social justice over religious symbolism, challenging BJP’s political strategies.

    Future Trajectory of Hindutva

    • Coalition Governance Dynamics: With a coalition government necessitating broader consensus, the focus on amending the Constitution may diminish temporarily.
    • Vigilance of the Opposition: The Opposition must remain vigilant against future attempts to amend the Constitution for partisan gains, ensuring its resilience against divisive agendas.

    Conclusion: The 2024 election marks a pivotal moment where the Constitution emerged as a safeguard against attempts to reshape India’s socio-political fabric. The BJP’s electoral setbacks underscore the enduring significance of constitutional values in upholding inclusive democracy. Upholding social justice and preventing the exploitation of marginalized communities should remain paramount, ensuring unity amidst India’s diversity.

    https://www.thehindu.com/opinion/lead/the-boomerang-effect-in-this-general-election-and-how/article68304575.ece

  • Who is the Pro-Tem Speaker of Lok Sabha and how is an MP chosen for the role?

    Why in the News?

    • The 18th Lok Sabha will convene its first session very soon. A new Speaker of the House will be elected during this session.
      • Until the election of the new Speaker, a pro-tem Speaker will be appointed to administer the oath to the new Members of Parliament.

    Who is a Pro-tem Speaker?

    • The Speaker of the Lok Sabha oversees the day-to-day proceedings of the House.
    • According to Article 94 of the Indian Constitution, the outgoing Speaker continues in office until the first meeting of the new Lok Sabha.
    • A pro-tem Speaker is appointed temporarily to manage certain duties until the new Speaker is elected.
    • The Constitution does NOT mention explicitly about the post.
      • However, the ‘Handbook on the Working of the Ministry of Parliamentary Affairs provides guidelines on the appointment and duties of the Speaker pro-tem.
    • Functions:
      • The primary duty of the pro-tem Speaker is to administer oaths to the new MPs, as mandated by Article 99 of the Constitution.

    Appointment of the Pro-tem Speaker

    • When the Speaker’s post is vacant before the new Lok Sabha convenes, the PRESIDENT appoints a Member of the House as the Speaker pro-tem.
      • The President administers the oath to the Speaker pro-tem at the Rashtrapati Bhawan.
    • Generally, three other elected members of the Lok Sabha are also appointed by the President to assist in the oath-taking process.
    • The SENIORMOST members, in terms of years of service, are usually chosen for this role, though there can be exceptions.

    Process of Administering Oaths

    • The Legislative I Section of the Government of India prepares a list of the seniormost Lok Sabha members after the formation of the new government.
    • This list is submitted to the Minister of Parliamentary Affairs or the Prime Minister, who identifies the Speaker pro-tem and the three other members for oath-taking.
    • After the Prime Minister’s approval, the consent of the selected members is obtained by the Minister of Parliamentary Affairs, usually over the telephone.
    • The Minister then submits a note to the President seeking approval for the appointments and the date and time for the swearing-in ceremony.
    • Upon the President’s approval, the Ministry informs the Speaker pro-tem and the other members about their appointments.
    • The Speaker pro-tem then administers the oath to the other three members in the Lok Sabha.

    PYQ:

    [2024] With reference to the Speaker of the Lok Sabha, consider the following statements :

    While any resolution for the removal of the Speaker of the Lok Sabha is under consideration

    1. He/She shall not preside.
    2. He/She shall not have the right to speak.
    3. He/She shall not be entitled to vote on the resolution in the first instance.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 1 and 2 only

    (c) 2 and 3 only

    (d) 1, 2 and 3