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Subject: Fundamental Rights,DPSP

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

  • [21 May 2024] The Hindu Op-ed: Critical times call for strong judicial adjudication

    PYQ Relevance:Mains: 

    Mains: 
    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 CSE 2016)

    Q) The Supreme Court of India keeps a check on arbitrary power of the Parliament in amending the Constitution. Discuss critically. (UPSC CSE 2013)

    Prelims:

    In India, Judicial Review implies (UPSC IAS/2017):
    (a) the power of the Judiciary to pronounce upon the constitutionality of laws and executive orders.
    (b) the power of the Judiciary to question the wisdom of the laws enacted by the Legislatures.
    (c) the power of the Judiciary to review all the legislative enactments before they are assented to by the President.
    (d) the power of the Judiciary to review its own judgements given earlier in similar or different cases.

    Note4Students: 

    Prelims:  Judicial Review;

    Mains: Judicial Review and Judicial Activism;

    Mentor comment: The Indian constituent assembly adopted judicial review to ensure the effective functioning of the constitutional democracy in India. Judicial review allows the judiciary to protect the fundamental rights of citizens enshrined in the Constitution. It serves as a mechanism to ensure that laws and actions of the government do not violate these rights. It also ensures the successful operation of constitutional democracy in India. It allows for the protection of democratic principles, the separation of powers, and the independence of the judiciary.

    Let’s learn.

    –

    Why in the News?

    Concerns have arisen due to the ambiguity in the CAA Rules regarding the status of applicants denied citizenship, raising fears of detention center placements.

    • Petitioners have expressed worries about dual citizenship for foreign applicants, potentially leading to citizenship uncertainty and conflicting with the Parent Act.
    Background:
    The Supreme Court of India will assess the constitutionality of the Citizenship (Amendment) Act (CAA) and its associated rules shortly.
    Constitutional courts rarely intervene to invalidate legislation, presuming laws passed by Parliament are valid unless proven to violate constitutional provisions.

    The lack of interdiction in the Judiciary:

    • Manish Kumar vs Union Of India, 2021: The Legislation is generally assumed to be free of malice. The Supreme Court said that there can be no estoppel against the Legislature, and the concept of transferred malice is alien in the field of legislation
    • Gurudevdatta Maryadit and Ors. vs State Of Maharashtra and Ors (2001): The Supreme Court, in this case, has stated that legislative malice falls outside the jurisdiction of law courts. It also held that it is not appropriate to attribute malice to the legislative process.
    • Case of Anoop Baranwal vs Union of India (2023): This case called for an independent body to select the Election Commission of India (ECI) to avoid executive dominance.
      • The Chief Election Commissioner and other Election Commissioners Act, 2023 reinstated the Prime Minister’s Committee’s role in ECI appointments.
    • Jaya Thakur vs Union of India (2024) challenged the Act, highlighting its unconstitutional nature threatening democratic foundations.
      • The Court’s refusal to prevent the Act’s implementation based on presumed validity raises concerns about safeguarding democracy and free elections.

    Impacts of Lack of Interdiction in Critical Times:

    • Conventional wisdom falls short in addressing challenges posed by populist regimes using motivated legislation.
    • Obsolete presumptions of law validity hinder constitutional courts from playing a counter-majoritarian role effectively.
    • Impact of Political Statements: Legislation reflects political ideologies, especially in regimes undermining constitutional democracy. Judicial reluctance to interdict laws based on presumed validity can lead to irreversible consequences, as seen in cases like demonetization and the dilution of Kashmir’s special status.

    Way Forward:

    • Strengthen Judicial Review: Judicial review should be strengthened to effectively check legislative actions that manipulate Electoral processes or undermine Constitutional Democracy.
      • Courts need to adopt a more assertive approach in critical times to fulfill their counter-majoritarian role.
    • Prioritize Urgent Cases: Urgent cases challenging unconstitutional laws should be prioritized to prevent irreversible consequences. Delays in deciding such cases can make the litigation almost a fait accompli, as seen in the dilution of Kashmir’s special status.
    • Ensure Effective Implementation of Judgments: Courts should ensure the effective implementation of their judgments by preventing the legislature from overriding them through motivated legislation. 
    • Enhance Judicial Infrastructure: Improving judicial infrastructure, such as increasing the number of judges and courts, can help expedite the hearing of urgent cases. Adequate resources and efficient case management systems are crucial for the timely delivery of justice.
    BACK2BASICS:

    What is Judicial Review?

    The term “judicial review” refers to the power of the courts to examine the actions of the legislative, executive, and administrative branches of government to determine if they are consistent with the Constitution.

    Article 372 (1) establishes the judicial review of the pre-constitution legislation. 

    Article 13 declares that any law which contravenes any of the provisions of the part of Fundamental Rights shall be void.
    The primary purpose is to uphold the rule of law and protect the Constitution by striking down unconstitutional laws or actions. It is based on the Constitution and existing legal precedents.

    What is Judicial Activism?

    Judicial activism occurs when judges take an active role in shaping policies by broadly interpreting the Constitution and laws to achieve what they consider just outcomes.
    According to Articles 32 and 226 of the Indian Constitution, the higher judiciary has the power to consider any legislative, executive, or administrative action as unconstitutional and void if it does so.
    Judicial activism often involves mechanisms like suo-moto cases and public interest litigation that have no explicit constitutional backing.

  • Why the Supreme Court allowed a review of its 2022 judgment on ‘Shamlat deh’ land rights

    Why in the News?

    To protect the rights of village landowners in Haryana, the Supreme Court has permitted a review of a 2022 judgment by Justices Hemant Gupta and V Ramasubramanian that allowed gram panchayats to acquire ‘shamlat deh’ land.

    Context:

    What is ‘Shamlat deh’?

    • It refers to common land in the village, formed by multiple landowners each contributing an equal portion of their holdings to serve the “common purposes” of the village community. It is kept aside for common use in villages, as part of the Punjab Land Revenue Act of 1887.
    • Article 31A was inserted by the First Amendment Act of 1951 in the Indian Constitution. It aimed to protect laws related to agrarian reforms and the acquisition of estates.
    • According to the Supreme Court (April 2022), such land should be utilized by panchayats only for the needs of villagers. No part of the land can be re-partitioned amongst the proprietors, and such land would not be available for sale.
    • A Bench of Justices B R Gavai and Sandeep Mehta reopened the challenge to the 1992 amendment on May 17, 2024, after observing that the 2022 decision disregarded an important and relevant Constitution Bench decision in the case of Bhagat Ram vs State of Punjab (1967).

    Bhagat Ram: Clarifying the Meaning of Land Acquisition under Article 31A:

    • In 1967, a five-judge Bench reviewed a land consolidation scheme for the village of Dolike Sunderpur that reserved lands for common purposes and diverted the income to the panchayat.
      • Landowners’ Argument: The scheme violated the second provision of Article 31A, which prevents acquiring land below the ceiling limit without compensation at market value.
      • State’s Argument: The reservation for the panchayat was not land acquisition since the income would benefit the village.
    • Ajit Singh v State of Punjab (1967): Distinguished land acquisition from modification or extinguishment of land rights.
    • SC Decision: The panchayat was effectively acquiring land by reserving its income, making the state the beneficiary. The court ruled that the second provision of Article 31A applied. Punjab argued the acquisition predated the 17th amendment, but the SC noted the scheme’s implementation was stayed, hence possession and control had not been transferred.

    Does Shamlat Land Belong to the Landowners or the Panchayat?

    • In 2003, the Punjab and Haryana High Court reviewed a challenge to the 1992 amendment to the Punjab Act that vested control of ‘shamlat deh’ land in Haryana with the gram panchayat.
    • Petitioners’ Argument: The Landowners however argued that the amendment did not allow panchayats to control the land for common purposes without compensation, violating Article 31A.
    • High Court Decision: The court distinguished between land reserved for common purposes under the Consolidation Act (vested with the gram panchayat) and land contributed by proprietors but not reserved under the consolidation scheme (which could not vest with the panchayat without compensation).
      • The decision relied on the SC’s Bhagat Ram ruling that acquiring land without compensation violates the second proviso of Article 31A.

    SC Allows Review of 2022 Judgment:

    • The 2022 Supreme Court decision by Justices Gupta and Ramasubramanian overruled the 2003 High Court decision, finding no need for compensation as Article 31 had been omitted. The court ruled that the panchayat merely managed the land on behalf of landholders and that control was vested in the panchayat upon assignment.
    • Karnail Singh Review: Justices Gavai and Mehta reopened the challenge, noting the 2022 decision’s cursory reference to Bhagat Ram without addressing why the High Court’s reliance on it was wrong.
      • The court found that ignoring a Constitution Bench decision was a manifest error, justifying a review.
    • Recalled the 2022 SC decision: The 2022 decision was recalled, and the challenge to the 2003 High Court decision was set to be reheard, starting on August 7, 2024.

    Way Forward:

    • Need Comprehensive Judicial Reviews: Conduct detailed reviews of prior relevant judgments to provide clear, well-founded reasoning in court decisions.
    • Need Clear Compensation Guidelines: Establish explicit guidelines for compensation in land acquisition cases, particularly those involving common land like ‘shamlat deh’, to protect landowners’ rights.

    Mains PYQ:

    Q The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has come into effect from Ist January 2014. What are the key issues which would get addressed with the Act in place? What implications would it have on industrialization and agriculture in India? (UPSC IAS/2014)

  • Supreme Court lays out 7 Sub-Rights of Right to Property

    Why in the news?

    The Supreme Court’s ruling safeguards landowners from arbitrary government acquisition, emphasizing adherence to Article 300A, ensuring the constitutional right to property and sub-rights compliance.

    Procedural Sub-Rights under Right to Property

    These seven rights are foundational components of a law that is in tune with Article 300A, and the absence of one of these or some of them would render the law susceptible to challenge:

    1. Right to Notice: Individuals must be informed about the intention to acquire their property.
    2. Right to Be Heard: Affected individuals have the right to voice objections.
    3. Right to a Reasoned Decision: The government must justify the acquisition with a reasoned decision.
    4. Public Purpose Justification: Acquisitions must serve a demonstrable public purpose.
    5. Right of Restitution or Fair Compensation: Landowners are entitled to fair compensation for their property.
    6. Right to An Efficient and Expeditious Process: Acquisition procedures should be efficient and adhere to set timelines.
    7. Right of Conclusion: The process concludes with the physical transfer of property; failure to take possession renders the acquisition incomplete.

    Back2Basics: Right to Property in India

    • The Right to Property was initially a fundamental right under the Constitution of India, included in Part III (Articles 19 and 31).
    • Through the 44th Amendment Act of 1978, this right was removed from the list of fundamental rights. It was reclassified as a constitutional right under Article 300A.

    About Article 300A:

    • Article 300A was introduced to the Constitution, stating that “No person shall be deprived of his property save by authority of law.”
    • Legal Framework: This implies that the government can still acquire private property, but this acquisition must be done through a law that justifies the acquisition and provides for fair compensation to the affected parties.

    Current Legal Status

    • Not a Fundamental Right: The Right to Property is no longer a fundamental right, which means it cannot be directly enforced through the Supreme Court or High Court under Article 32 or Article 226. However, it remains a constitutional right.
    • Protection under Law: Any person deprived of his property under any state enactment can approach a High Court challenging the legality of the act under Article 300A.
    • Legal Recourse: Affected individuals have the right to legal recourse if they believe that the acquisition was not justified or that the compensation was inadequate.

    Recent Judgment: Human Rights 

    • Case Background: The judgment supported a Calcutta High Court decision that dismissed an appeal by the Kolkata Municipal Corporation regarding the acquisition of private land.
    • Court’s Order: The Corporation was ordered to compensate with ₹5 lakh for costs within 60 days.
    • Human Rights Perspective: The right to property is not only protected as a constitutional right but has also been recognized as a human right by a “Bench of Justices P.S. Narasimha and Aravind Kumar”.

    Legal Interpretations and Clarifications

    • Justice Narasimha clarified that the phrase ‘authority of law’ in Article 300A extends beyond the state’s power of eminent domain.
    • It necessitates a proper legal framework for property acquisition.
    • The ruling underscored that mere possession of eminent domain power and the provision of compensation do not justify compulsory acquisition if due processes are not followed.

    PYQ:

    [2021] What is the position of the Right to Property in India?​

    (a) Legal right available to citizens only

    (b) Legal right available to any person

    (c) Fundamental Right available to citizens only

    (d) Neither Fundamental Right nor legal right

  • Explained: Behind the 20-year delay in Nagaland’s Urban Local Body Elections

    Why in the News?

    For the first time (since 2004), Nagaland is scheduled to conduct Urban Local Body elections.

    Context: 

    • The state cabinet approved on April 26 for conducting Urban Local Body polls for Nagaland’s 3 Municipal Councils and 36 Town Councils.
    • Further, the State Election Commission (SEC) released the election schedule, with voting slated for June 26.

    BACK2BASICS: Constitutional Provisions for Urban Local Body Elections:

      • The 74th Constitutional Amendment bars the interference by courts in the electoral matters of municipalities.
        • Article 243U mandates a five-year tenure for urban local governments.
      • The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to the panchayats and municipalities shall be vested in the State Election Commission (SEC).
    • Article 371 (A)- It makes the special provisions for Nagaland in such a way that the Acts of Parliament would not apply to Nagaland unless the State Legislature Assembly so decides especially in terms of the Religious or social practices of the Naga.

    What does the Janaagraha Survey say about the status of Municipal Elections in India?

    • According to the annual survey made by Janaagraha (a non-profit institution), over 1,400 municipalities in India did not have elected councils in place as of September 2021.
    • According to the Comptroller and Auditor-General of India (CAG), between 2015 and 2021, over 1,500 municipalities didn’t have elected councils. Major cities like Chennai, Delhi, Mumbai, and Bengaluru faced delays ranging from months to years in holding elections.

    The story behind the contention surrounding the Urban Local Body polls in Nagaland:

    • The Nagaland Municipal Act of 2001 was amended in 2006 to introduce a 33% reservation for women in local bodies, by constitutional amendments.
      • However, this amendment became a subject of controversy due to opposition from tribal bodies, citing conflicts with Naga customary laws.
      • These laws under Article 371(A) of the Constitution violated Naga customary practices where women have traditionally not been part of decision-making bodies.
    • In 2009, the state government deferred municipal elections scheduled for the following year due to the controversy surrounding the Act.
    • Despite opposition, advocacy groups such as the Naga Mothers’ Association (NMA) fought for the implementation of women’s reservations.
    • In 2011, the NMA petitioned the Gauhati High Court, which directed the Nagaland government to hold local body elections.
    • In 2012, the state assembly passed a resolution rejecting women’s reservations in the polls, leading to further legal battles. The NMA filed a special leave petition in the SC, which in 2017 directed the government to hold the polls.
    • When the government moved to conduct the elections as per the Supreme Court directive, violent protests erupted, resulting in casualties. Under mounting pressure, then Chief Minister T R Zeliang resigned from his position.
    • In November, during a special emergency session, the assembly passed the Nagaland Municipal Bill, 2023.
      • This new legislation retains the 33% reservation for women in urban local bodies, aligning with constitutional amendments, but removes provisions such as reservation for the post of chairperson and taxes on immovable property.

    Conclusion: Nagaland needs to foster community engagement and participation in the electoral process by promoting inclusive governance structures that involve diverse community members, including women, youth, and marginalized groups.

     

    Mains PYQ: 

    Q Recent directives from Ministry of Petroleum and Natural Gas are perceived by the ‘Nagas’ as a threat to override the exceptional status enjoyed by the State. Discuss in light of Article 371A of the Indian Constitution.(UPSC IAS/2013)

  • [9 May 2024] The Hindu Op-ed: A chance to settle a Constitutional clash

    Mains PYQ Relevance: 
    Q) Discuss the possible factors that inhibit India from enacting for its citizen a uniform civil code as provided for in the Directive Principles of State Policy. (UPSC IAS/2015)
    Q) Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy. (UPSC IAS/2017)

    Note4Students: 

    Prelims:  Fundamental Right and DPSP;

    Mains: Relation between FR and DPSP;

    Mentor comments: The Constitution expressly makes Fundamental Rights enforceable, while DPSPs are regarded as goals that the state is expected to work towards. The tension between these parts has simmered through India’s history, reaching a boiling point in the 1970s when the Constitution was routinely amended, primarily to make certain kinds of legislation exempt from Judicial Review.

    Let’s learn

    —

    Why in the News?

    The recent case of Property Owners Association vs State of Maharashtra scrutinises two key questions: the meaning of “material resources of the community” in Article 39(b) and whether laws support the “common good”.

    Present Dilemma before the Judiciary:

    • Supreme Court is presently considering a challenge to Chapter VIII-A of the Maharashtra Housing and Area Development Act, 1976. This chapter was added in 1986, which allowed the government to acquire “cessed” properties in Mumbai under Article 39(b). 
    • In 1991, the Bombay High Court upheld the amendment, citing Article 31C’s protection for laws related to Article 39(b). 
    • The appeal reached the Supreme Court in 1992, focusing on whether “material resources of the community” in Article 39(b) encompass private resources like cessed properties.
    The conflict between Fundamental Rights (Part III) and Directive Principles of State Policy (DPSP) (Part IV):

    Ongoing Conflict: Despite attempts by the Supreme Court to clarify, the conflict between fundamental rights and DPSP has persisted since the landmark Kesavananda Bharati case in 1973.
    Uneasy Relationship between FR and DPSP: The relationship between fundamental rights and DPSP is described as uneasy, indicating tension between their implementation and interpretation.
    Importance of Property Owners Case: The resolution of this conflict in the Property Owners case is expected to have a significant impact on the future trajectory of constitutional interpretation and governance.
    Clarity in Constitution: Initially, the Constitution seemed clear on the matter, with Article 13 declaring laws violating fundamental rights as void and Article 37 stating that DPSPs are not enforceable by courts but should guide state action.
    Treatment of DPSPs: Despite not being legally enforceable, DPSPs are considered fundamental principles for governance, and the state is obligated to apply them in legislation, as stated in the Constitution.
    Hierarchy of Rights: Early court judgments, such as Chief Justice S.R. Das’s remarks in Mohd. Hanif Quareshi vs State of Bihar (1958), emphasised the importance of implementing DPSPs without infringing upon fundamental rights, highlighting the delicate balance required between the two parts of the Constitution.

    Evolution of  Article 31C:

    • 25th Amendment(1971): The 25th Amendment to the Constitution introduced Article 31C, aimed at placing certain laws beyond Judicial Review, particularly those related to Article 39(b) and (c).
      • This amendment curtailed the Fundamental Right to Property. It provided that any law made to give effect to the Directive principle contained in Article 39(b)or 39(c)  cannot challenged on the grounds of violation of Rights guaranteed under Articles 14,19 and 31, ensuring exemption from judicial scrutiny.
      • This provision had significant implications. For instance, Parliament could nationalise the media under the pretext of securing the common good, without facing challenges related to freedom of expression.
    • Kesavananda Bharati Case (1973): A narrow majority (6:7) found that amendments conflicting with the Constitution’s Basic Structure would be void, partially questioning the validity of the 25th Amendment.
    • Judicial Review Principle: Justice H.R. Khanna’s opinion highlighted that the 25th Amendment limiting examination of laws regarding Article 39(b) and (c) infringed upon the principle of judicial review, although it upheld the exemption from challenges based on Articles 14 and 19.
    • Ambiguity in Kesavananda Verdict: Despite some aspects being found void, the Kesavananda case didn’t provide a clear stance on whether the amendment, regarding exemption from fundamental rights challenges, violated the Constitution’s basic features.

    Changes to Article 31C and subsequent legal Interpretations:

    • 42nd Amendment (1976): The 42nd Amendment expanded the scope of Article 31C to encompass laws made in furtherance of any Directive Principle of State Policy (DPSP), not just Articles 39(b) and (c), granting broader immunity to such laws from judicial review.
    • Minerva Mills Case (1980): In Minerva Mills vs Union of India, the Supreme Court declared the 42nd Amendment unconstitutional.
      • The ruling raised questions about the status of Article 31C. Does it revert to its original form from the 25th Amendment, minus the parts invalidated by Kesavananda Bharati? Or does its validity remain uncertain?
      • Presently, Chief Justice Y.V. Chandrachud emphasized that Fundamental Rights, such as Articles 14, 19, and 21, serve as essential safeguards against unrestricted state power.
    • Waman Rao Case (1981): In Waman Rao vs Union of India, Justice Y.V. Chandrachud, while acknowledging his own opinion in Minerva Mills, upheld the validity of the unamended Article 31C. This judgment contradicts the stance taken in Minerva Mills.

    Validity of Article 31C: 

    • The conflicting interpretations of Article 31C’s validity add complexity to its legal status. While some argue for its reinstatement in its original form, others question its compatibility with fundamental rights.
    • In Property Owners, the Court will assess the validity of a law allowing a State government board to control dilapidated buildings. Even if it aligns with Article 39(b), the question remains whether the law can be challenged under Articles 14 and 19.

    Conclusion: Despite rulings like Waman Rao and Sanjeev Coke vs Bharat Coking Coal, the Supreme Court still needs to conclusively analyze Article 31C’s compatibility with the Constitution’s basic structure. Property Owner’s case offers a chance for resolution.

  • India press freedom score falls, says Reporters sans Frontieres

    Why in the news?

    India’s score in the World Press Freedom Index fell over the last year, from 36.62 to 31.28, according to Reporters Without Borders. In South Asia, India finds itself ranked at 159th, while its neighbor Pakistan stands marginally higher at 152.

    Key Highlights of the Report:

    • Deterioration Since 2014: Press freedom in India has significantly deteriorated since 2014.
    • Government vs Media Nexus: The government is criticized for maintaining a close relationship with big media families, leading to a lack of independence and critical journalism being labeled as “anti-national and anti-India“.
    • Self-Censorship: Fear of political backlash has forced journalists to censor themselves, as Modi’s supporters aggressively target critical reporting of the government.
    • Corporatization of Media: There’s an increasing trend of wealthy businessmen close to Modi owning a majority of mainstream media outlets, which undermines media independence and diversity.
    • BBC Raids: Recent raids on the BBC offices in India have drawn international criticism and contributed to India’s declining press freedom ranking.
    • Comparative Analysis: While India’s press freedom declines, neighboring countries like Pakistan and Sri Lanka have improved, although they still lag behind global leaders in press freedom rankings.

    India’s Initiative of “Index Monitoring Cell”:

    • Purpose of the Cell: The Index Monitoring Cell has been set up to work on improving India’s press freedom ranking. It will consist of representatives from various government agencies and credible journalists suggested by the Press Council of India.
    • Ranking Parameters: The cell will engage with agencies publishing the World Press Freedom Index, like Reporters Without Borders, for a better understanding of the parameters and methodology used for the rankings. This will help formulate an action plan to address the issues identified.
    • Coordination with State Governments: The cell will coordinate with state governments to appoint nodal officers who can provide regular updates on the state of press freedom and any issues faced by journalists at the local level.
    • Engagement with Stakeholders: This aims to improve communication and visibility of steps taken to support press freedom and address concerns raised by global media watchdogs.
    • Reporting Mechanisms: Setting up proper reporting mechanisms is crucial to ensure that the data and information provided to ranking agencies are up-to-date and accurate. This will help in portraying a clearer picture of the press freedom landscape in India.

    Conclusion: India needs to enact and strengthen laws to protect the freedom of the Press and ensure journalists’ safety. This includes legislation to prevent harassment, attacks, and threats against journalists, as well as provisions for swift and effective legal recourse in cases of censorship or intimidation.

    Mains PYQ 

    Q What do understand by the concept “freedom of speech and expression”? Does it cover hate speech also? Why do the films in India stand on a slightly different plane from other forms of expression? Discuss. (UPSC IAS/2014)

  • National Commission for Backward Classes (NCBC) and the Dynamics of OBC Inclusion

    Why in the news?

    • The National Commission for Backward Classes (NCBC) has begun a comprehensive review of State OBC Lists to reassess the inclusion of communities benefiting from prolonged advantages.
    • The NCBC’s scrutiny has led to questioning the overrepresentation of Muslim communities in State OBC lists, particularly in Karnataka and West Bengal.

    NCBC’s contention over Over-representation:

    • Despite repeated requests, states like West Bengal and Karnataka lack current socio-economic data on OBCs, hindering the NCBC’s assessment.
    • The absence of data complicates the task of justifying continued inclusion in OBC lists.
    • The NCBC plans to extend its review to Kerala, Odisha, Bihar, Maharashtra, and other states to ensure maximum OBC reservation within the 50% limit.

    Who are the Other Backward Classes (OBCs)?

    • Other Backward Class is a collective term used to classify castes which are educationally or socially disadvantaged. 
    • It is one of several official classifications of the population of India, along with General Class, Scheduled Castes and Scheduled Tribes (SCs and STs).
    • The OBCs were found to comprise 55% of the country’s population by the Mandal Commission report of 1980, and were determined to be 41% in 2006.

    About National Commission for Backward Classes (NCBC)
    Established Constitution Amendment Act, 2018 (also known as 102nd Amendment Act, 2018) under Article 338B of the Indian Constitution
    Jurisdiction Ministry of Social Justice and Empowerment, Government of India
    Purpose
    • Active participation and advisory role in the socio-economic development of socially backward classes (OBCs).
    • Evaluating the progress of their development.
    Statutory Backing The outcome of the Indra Sawhney & Others v. Union of India case (16.11.1992)
    Composition
    • Chairperson (MoSJ), Vice-Chairperson, and three other members appointed by the President.
    • Conditions of service and tenure determined by the President.
    Functions and Powers
    • Inclusions and exclusions in the lists of backward communities for job reservations.
    • Providing advice to the Central Government.
    • Investigating and monitoring safeguards for backward classes.
    • Inquiring into specific complaints related to their rights and safeguards.
    • Participating in socio-economic development and evaluating progress.
    Reports and Recommendations
    • Annual reports to the President and recommendations for effective implementation of safeguards.
    • Recommendations for measures to protect, welfare, and socio-economic development of backward classes.
    Other Functions Discharging functions specified by the President and subject to parliamentary laws
    Constitutional Amendment 102nd Constitutional Amendment Act (2018) empowered NCBC to address grievances of Other Backward Classes

     

    PYQ:

    [2022] Discuss the role of the National Commission for Backward Classes in the wake of its transformation from a statutory body to a constitutional body.

    [2016] Why are the tribals in India referred to as ‘the Scheduled Tribes’? Indicate the major provisions enshrined in the Constitution of India for their upliftment.

  • A look at how Article 361 provides immunity.

    Why in the News? 

    Even as a complaint alleging sexual harassment has been filed in Kolkata against West Bengal Governor C V Ananda Bose, Constitutional immunity bars the police from naming the Governor as an accused or even investigating the case.

    What is Article 361? 

    Article 361 of the Constitution that deals with immunity to the President and the Governors states that they “shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties”.

    The provision also has two crucial sub-clauses: 

    (1) that no criminal proceedings whatsoever shall be initiated or continued against the President, or the Governor of a State, in any court during the term of his office.

    (2) No process for the arrest or imprisonment of the President, or the Governor of a State, shall issue from any court during his term of office.

    Immunity power of the Governor:

    • Ceases to be in office: The police can act only after the Governor ceases to be in office, which is when either the Governor resigns or no longer enjoys the confidence of the President.” 
    • Rameshwar Prasad v Union of India: In the landmark 2006 ruling in Rameshwar Prasad v Union of India, that outlined the immunity enjoyed by the Governor “even on allegation of personal malafides,” the Supreme Court held that “the position in law, is that the Governor enjoys complete immunity.”
    • In 2017, criminal conspiracy in the 1992 demolition of the Babri Masjid case: The trial did not take place for former UP Chief Minister Kalyan Singh since he was then the Governor of Rajasthan.

    Constitutional Provisions:

    • Appointment: The Governor is appointed by the President of India and holds office during the pleasure of the President (Article 155).
    • Qualifications: The Governor must be a citizen of India, must be at least 35 years old, and must not hold any office of profit (Article 157).
    • Powers and Functions: The Governor is the constitutional head of a state and performs various functions including:
      • Executive Functions: The Governor appoints the Chief Minister and other Council of Ministers, and allocates portfolios among them (Article 164).
      • Legislative Functions: The Governor summons and prorogues the state legislature, addresses it, and lays down its policy. He/she also has the power to dissolve the Legislative Assembly (Article 174).
      • Financial Functions: The Governor causes to be laid before the State Legislature the Annual Financial Statement (budget) and has powers related to money bills (Article 202).
    • Discretionary Powers: The Governor has discretionary powers in certain matters, such as appointing the Chief Minister when no party has a clear majority after elections (Article 164).
    • Relation with the Union: The Governor is appointed by the President and acts as a link between the state and the Union. He/she can send reports to the President regarding the administration of the state (Article 356).
    • Oath or Affirmation: Before entering office, the Governor must take an oath or affirmation according to the form set out in the Third Schedule of the Constitution (Article 159).

    Conclusion: 

    Article 361 of the Indian Constitution provides immunity to the President and Governors from court proceedings and arrest during their term. Police action against a Governor can only occur after they cease office.

    Mains PYQ 

    Q Discuss the essential conditions for exercise of the legislative powers by the Governor. Discuss the legality of re-promulgation of ordinances by the Governor without placing them before the Legislature.

  • Madras High Court Ruling on Waqf Properties

    Why in the news?

    • The Madras High Court ruled the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Amendment Act of 2010 as repugnant and unconstitutional.
    • The amendment conferred authority on the Tamil Nadu Waqf Board CEO to order evictions, contradicting with the Central legislation, the Waqf Act of 1995.

    Madras HC Verdict:

    • Parliament’s 2013 amendment to Waqf Act prevails over Tamil Nadu’s legislation.
    • It already provides uniform and effective mechanisms for possession recovery.

    Arguments made by TN:

    • Lawyers argue 2010 amendment exercised power under Concurrent List, required Presidential assent.
    • State law and Central law cannot co-exist, Parliament’s 2013 amendment prevails.
    • Original provisions of Waqf Act not sufficient to deal with encroachments.
    • Tamil Nadu enacted 2010 amendment based on Sachar Committee recommendation.

    Sachar Committee:

    A seven-member high-level committee headed by former Chief Justice of Delhi High Court Rajinder Sachar to study the social, economic, and educational condition of Muslims in March 2005.

     

    What is Doctrine of Repugnancy?

    • The doctrine of repugnancy arises when two laws conflict and produce different outcomes when applied to the same situation.
    • It occurs when the provisions of two laws are so contradictory that complying with one law would mean violating the other.
    • Article 254 of the Indian Constitution establishes the Doctrine of Repugnancy in India, providing a framework for resolving conflicts between Central and State laws.
    • It resolves conflicts between Central and State laws.

    Key Provisions of Article 254:

    1.    Article 254(1):

    • Declares that if a law passed by a State Legislature contradicts a law passed by Parliament, the State law will be deemed void.
    • The law enacted by Parliament will take precedence over the State law.

    2.    Article 254(2):

    • Allows States to enforce legislation that contradicts Parliament’s laws if they receive assent from the President.

     

    PYQ:

    [2016]  The Parliament of India acquires the power to legislate on any item in the State List in the national interest if a resolution to that effect is passed by the:

    (a) Lok Sabha by a simple majority of its total membership

    (b) Lok Sabha by a majority of not less than two-thirds of its total membership

    (c) Rajya Sabha by a simple majority of its total membership

    (d) Rajya Sabha by a majority of not less than two-thirds of its members present and voting

    Back2Basics: What is Waqf property and what does the Waqf Act state?

    Details
    Enactment
    • Enacted by Jawaharlal Nehru in 1954 to centralize Waqf properties.
    • Led to the formation of the Central Waqf Council in 1964.
    • Amended in 1995 under the Congress government of PV Narasimha Rao, granting extensive powers to Waqf Boards.
    Key Provisions
    • Section 3(R) of the 1995 amendment designates properties as Waqf if deemed sacred, religious, or charitable according to Muslim law.
    • Article 40 mandates the Waqf Surveyor and Board to determine property ownership.
    • 2013 amendments require State Waqf Boards to appoint Survey Commissioners to manage properties and settle disputes.
    Legal Status Property declared as Waqf cannot be contested in court; appeals must be made to the Waqf Board.
    Chairmanship
    • Union Minority Welfare Minister serves as ex-officio chairman of the Central Waqf Council.
    • State Waqf Boards consist of seven Muslim members.

    Waqf Property
    Details
    Definition
    • Property donated for charitable purposes in the name of Allah.
    • Donated by individuals for public benefit; no individual ownership rights.
    Donation Criteria Must be donated by Muslims above the age of 18.
    Ownership
    • Upon donation, property becomes Allah’s possession;
    • Family members have no claim after donor’s demise.
    Types Includes movable or immovable property donated for charitable purposes.
    Management Overseen by the Waqf Board, responsible for legal matters and property administration.
    Total Properties
    • Over 8,65,646 properties registered with the Waqf Board in India.
    • Estimated to cover 8 lakh acres of land with a market value of approximately Rs 1.20 lakh crore.
    • State-wide Share:
    1. West Bengal: More than 80,000 properties registered.
    2. Punjab: 70,994 properties under Waqf Board.
    3. Tamil Nadu: 65,945 properties managed.
    4. Karnataka: 61,195 properties overseen.

  • SC allows termination of pregnancy of minor rape survivor

    Why in the news? 

    The Supreme Court on Monday used its extraordinary powers under Article 142 of the Constitution to do “complete justice” to permit the medical termination of pregnancy of a 14- year-old rape.Her pregnancy is nearing 30 weeks. The minor became aware of her condition only at a very late stage.

    Article 142

    • Article 142 of the Indian Constitution grants extraordinary powers to the Supreme Court of India to deliver complete justice. It empowers the Supreme Court to pass any order or issue any writ necessary for doing “complete justice” in any cause or matter pending before it, even if the case does not fall directly within its jurisdiction. 

    Distinctive features of Article 142:

    • Extraordinary Powers: Article 142 grants the Supreme Court of India extraordinary powers to deliver complete justice. These powers are exceptional and not restricted by the ordinary limitations of jurisdiction or procedure.
    • Wide Discretion: The provision grants the Supreme Court wide discretion in passing orders or issuing writs to achieve complete justice.  
    • Non-obstante Clause: Article 142 begins with a non-obstante clause, which means that the powers conferred by this article prevail over any other provision of the Constitution or law. This underscores the supremacy of the Supreme Court’s authority in exercising these powers.
    • Judicial Activism: Article 142 is often invoked to enable the judiciary to intervene in matters where existing laws or legal provisions are inadequate or where there are gaps in the law. This enables the court to play an active role in shaping legal principles and addressing societal concerns.

    Medical Termination of Pregnancy (MTP) Act 2020

    • Gestation Limits: The Act allows for the termination of pregnancy up to 20 weeks with the opinion of one registered medical practitioner.
    • For termination between 20 to 24 weeks, the opinion of two registered medical practitioners is required.
    • The upper gestation limit has been increased from 20 to 24 weeks for special categories of women, including survivors of rape, victims of incest, differently-abled women, and minors.
    • Medical Board: In cases of substantial foetal abnormalities diagnosed by a Medical Board, the upper gestation limit does not apply.
    • The Medical Board consists of a gynaecologist, a paediatrician, a radiologist or sonologist, and other notified members.
    • Privacy Protection: The Act ensures the protection of privacy for women who have terminated their pregnancy. The name and other details of the woman are not to be revealed except to authorized individuals.

    Conclusion: 

    Need to take Measures to prevent rape in society by providing education on consent, promoting gender equality, ensuring swift and awareness about severe punishment for perpetrators, enhancing support for survivors, and fostering a culture of respect.

    Mains PYQ

    Q ‘Constitutional Morality’ is rooted in the Constitution itself and is founded on its essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of relevant judicial decisions.