A casual remark from a member of the Prime Minister’s Economic Advisory Council has reignited the debate on judges’ working hours and vacations.
Reports on Case Pendencies:
According to the “India Justice Report”, as of June 2020, cases remain pending for an average of three years in subordinate courts and five years in high courts, highlighting the extensive backlog.
Issues of unfilled vacancies and lack of infrastructure/ Present challenges:
Overburdened Judiciary: Judges and courts are overburdened with excessive government litigation, new legislation adding to the workload, and the rising tide of litigation across various domains.
Infrastructure Deficits: Shortages in courtrooms and support staff, with national averages showing a 26% deficit in support staff. Insufficient infrastructure hampers the smooth processing of cases.
Quality Deficits: Uneven proficiency in language and legal knowledge among lawyers and judges contribute to procedural delays and suboptimal outcomes. Lengthy pleadings, paper books, and judgments further exacerbate the problem.
Vacancy Crisis: Many courts, including high courts and lower courts, face a significant shortage of judges, with vacancies averaging around 30% in high courts and 22% in subordinate courts. Some states, like Bihar and Meghalaya, have vacancies exceeding 30% for over three years.
Lack of administrative support and outdated procedures impede the efficient management of cases and court operations.
What can be done?
Address Vacancies: Expedite the appointment process for vacant judicial positions and strive to achieve full complement in courts to alleviate workload pressures.
Set higher standards for judicial appointments and legal practice to ensure competence and proficiency among legal professionals.
Establish Permanent Administrative Secretariats (PAS) led by qualified court managers to assist judges in case management and administrative tasks.
Invest in Infrastructure: Build more courtrooms, hire additional support staff, and invest in technology to streamline court processes and enhance efficiency.
Allocate adequate resources to the judiciary to improve infrastructure, enhance administrative capabilities, and ramp up efficiency in justice delivery.
Prioritize Judicial Reform: Undertake comprehensive judicial reforms to address systemic issues, streamline processes, and enhance access to justice for all citizens.
Implement specialized courts, pre-trial mediation, and other alternative dispute resolution mechanisms to expedite case resolution and reduce backlog.
Mains PYQ:
Q Critically examine the Supreme Court’s judgement on ‘National Judicial Appointments Commission Act, 2014’ with reference to appointment of judges of higher judiciary in India. (UPSC IAS/2017)
Q. Discuss each adjective attached to the word ‘Republic’ in the preamble. Are they defendable in the present circumstances stances? (UPSC IAS/2016) 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. (UPSC IAS/2021)
Prelims: Which one of the following objectives is not embodied in the Preamble to the Constitution of India? (UPSC IAS/2017) (a) Liberty of thought (b) Economic liberty (c) Liberty of expression (d) Liberty of belief
Note4Students:
Prelims: Preamble; Constitutional Values;
Mains: Democratic Political System;
Mentor comment: Do you know what is the meaning of the word, ‘values’? You may immediately say that truth, non-violence, peace, cooperation, honesty, respect, and kindness are values, and you may continue to count many such values. In fact, in a layman’s understanding, value is that which is very essential or ‘worth having and observing’ for the existence of human society as an entity. The Indian Constitution contains all such values, the values that are universal, human, and democratic of the modern age. The constitutional values are reflected in the entire Constitution of India, but its Preamble embodies ‘the fundamental values and the philosophy on which the Constitution is based’. Political Democracy contributes to stability and continuous progress in society and it secures peaceful political change. But, during the recent General Elections, the interplay between the Constitution and political mobilization has fundamentally shaped the trajectory of democratic politics.
Let’s learn.
–
Why in the News?
The General Elections of 2024 have established larger concerns over the Constitution constraint and the democratic legitimacy of the government, regardless of the election’s outcome.
The silences around secularism and the focus on caste-based discrimination and reservations reveal critical fault lines.
The Constitution as a Battleground in the 2024 Indian Election:
Political Tussle: The BJP’s declaration of winning 400+ seats and remarks about changing the Constitution if they achieve electoral dominance.
Opposition leaders portray this election as a battle to “save the Constitution” and it resonates with voters on the ground.
Constitutional Principles vs Ordinary Laws: Ordinary laws in India are often seen as discriminating and are used coercively by the state to undermine freedoms and disempower citizens. However, the Constitutional values provide the basis for challenging discriminatory laws.
The Constitution’s commitment to secure Liberty, Equality, and Dignity:
Liberty: The Preamble prescribes liberty of thought, expression, belief, faith and worship as one of the core values. These have to be assured to every member of all the communities.
Equality: Inequality based on the concept of rulers/caste/gender is to be eliminated. All citizens of India should be treated equally.
Similarly, equal opportunities imply that regardless of the socioeconomic situation, he/she will have the same chance as everybody else to develop his/her talents and choose a means of livelihood.
Dignity: The promotion of ‘Fraternity’ is essential to realize the dignity of the individual. It is essential to secure the dignity of every individual without which democracy cannot function.
It ensures equal participation of every individual in all the processes of democratic governance.
Although the word ‘dignity’ has no textual mention in the Constitution, the Supreme Court has held dignity to be the “founding faith” of the Constitution and the “core of Fundamental Rights.”
Other core Constitutional values are expressed in the Preamble as objectives of the Constitution. Some of these are as follows:
Sovereignty: Being sovereign means having complete political freedom and being the supreme authority. It implies that India is internally all-powerful and externally free. It is free to determine for itself without any external interference (either by any country or individual) and nobody is there within to challenge its authority.
Socialism: Our Constitution directs the governments and the people to ensure the prevention of the concentration of wealth and power in a few hands. The Constitution has specific provisions that deal with inequalities in the chapters of Fundamental Rights and Directive Principles of State Policy.
Secularism: India is home to almost all major religions in the world. In the context of this plurality, secularism is seen as a great Constitutional value. The Constitution strictly prohibits any discrimination on the grounds of religion.
Democracy: The people elect the rulers of the country and the elected representatives remain accountable to the people. It allows dissent and encourages tolerance. More importantly, it is based on the principles of the rule of law, independence of the judiciary, free and fair elections, and freedom of the press.
Contradictions in Contemporary Indian Politics:
Secularism vs Equality: Dalit voters emphasize the Constitution’s principles of Right to equality, while Muslim voters primarily express concerns about Secularism.
Secularism vs Equity: Ordinary young citizens have mobilized around Constitutional principles throughout India’s history to secure their Rights and challenge Socioeconomic deprivation.
For much of this decade, the logic of caste-based mobilization seemed to have receded in the background, for example, the introduction and passage of the 103rd Amendment to the Constitution mandated 10% reservations for economically weaker sections (EWS) amongst unreserved ( upper caste) categories.
A young BJP supporter fears that a “Hindu Rashtra” would lead to discrimination, while a Yadav farmer believes the Constitution protects them and gives them reservations.
Conclusion: If the 2024 election is indeed a battle for the Constitution, the silences around secularism and the focus on caste-based discrimination and reservations reveal critical fault lines that the polity must confront. However, the heightened concerns over the Constitution also constrain the democratic legitimacy of the government, regardless of the election’s outcome.
On May 24, the Supreme Court rejected an [Association for Democratic Reforms (ADR)] NGO’s request for the Election Commission of India to upload authenticated, scanned, and legible copies of Form 17C, which details the booth-wise account of votes recorded after each phase of Lok Sabha elections.
About the Application Filed by the Association for Democratic Reforms (ADR):
ADR sought an order directing the Election Commission of India (ECI) to upload authenticated, scanned, and legible copies of Form 17C, which shows the account of votes recorded booth-wise after each phase of polling in Lok Sabha elections.
ADR highlighted concerns regarding the delay in publishing final voter turnout data and the significant revisions in voter turnout percentages, which raised public suspicions and apprehensions about the accuracy of the data.
Why did the Supreme Court refuse to issue interim order on voter data?
Timing of the Elections: The Supreme Court refused the plea on May 24, stating that the nation was in the middle of the General Elections and at the moment of the sixth phase of polling.
Diverting the attention: The court acknowledged the mammoth nature of the elections, which require vast human resources. Diverting the attention of the Election Commission during this critical period was not deemed appropriate.
Ongoing Petition: The interim relief sought by ADR was already part of a relief sought in a petition pending since 2019. Granting interim relief at this stage would effectively mean providing final relief in the ongoing writ petition.
Already decided in previous judgments: Senior advocate Maninder Singh for the EC argued that ADR’s application was unfounded.
It aimed at discrediting the EC, invoking the concept of constructive res judicata, implying that issues already decided in previous judgments (like EVM-VVPAT case) cannot be re-litigated in the middle of an election process.
About the Role of the Judiciary During Election Polls:
Non-Interference During Elections: The Supreme Court emphasized that it should not interfere with the conduct of elections, which are managed by the Election Commission, during the polling process.
Enhancing Conduct of Polls: The judiciary’s role is to enhance the conduct of elections rather than interrupt or interfere in ongoing electoral processes.
Ground Reality Awareness: The judiciary must be conscious of the practical realities and complexities involved in the conduct of elections, ensuring that its actions do not disrupt the democratic process.
Conclusion: The Supreme Court’s refusal to entertain ADR’s application highlights the judiciary’s cautious approach in intervening in electoral processes, especially during ongoing elections, to maintain the integrity and smooth functioning of the democratic exercise. The court seeks to balance the need for transparency and fairness in elections with the practicalities and operational challenges faced by the Election Commission.
Mains PYQ:
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)
Low voter turnout has been a notable trend in the initial phases of the ongoing 2024 general elections in India which reflects the shift in dynamics of democratic politics.
American Scenario during Past Elections:
Conventional Wisdom: In the U.S., increased voter turnout is traditionally believed to benefit Democrats. For example, it was argued that higher voter turnout could have altered the outcome in favour of Hillary Clinton in states like Pennsylvania, Michigan, and Wisconsin.
According to Daron R. Shaw and John R. Petrocik in “The Turnout Myth” (2020), Hillary Clinton’s support did not significantly vary with voter turnout.
Class Cleavages: The advantage Democrats gained from higher turnout has decreased since 1960 due to the erosion of class-based voting patterns.
Simulation Studies: Research by Michael D. Martinez and Jeff Gill, and later by Spencer Goidel, Thiago Moreira, and Brenna Armstrong, used simulations to predict how changes in turnout would affect election outcomes. In recent studies, the impact of increased turnout on party advantage has varied over time.
Perception About the Party’s Prospects:
High confidence in a party’s victory can deter voters from participating, thinking their vote is unnecessary.
Polls showing Bill Clinton’s like victory during the 1996 US Elections, led to low voter turnout, with some Clinton supporters abstaining because they believed his win was assured.
While both Clinton and Dole supporters showed reluctance to vote due to predicted outcomes, it led to higher abstention to vote for them.
Indian Scenario:
Class and Caste based: The 2019 Indian election saw a significant jump in the SC vote for the BJP, from 24% in 2014 to 34% in 2019, indicating a shift in voting patterns among Scheduled Castes. The Upper Caste Poor voted 49% BJP and 9% Congress, while Poor OBCs and Poor STs also followed a similar pattern. Poor Muslims, however, voted 8% BJP and 30% Congress.
Religion and Language-based: Religion is a significant factor, with political parties often indulging in communal propaganda to exploit religious sentiments. Language also plays a role, with parties arousing linguistic feelings to influence voter decisions.
Region and Personality based: Regionalism and sub-regionalism are important, with regional parties appealing to regional identities and sentiments. The charismatic personalities of party leaders, such as Jawaharlal Nehru, Indira Gandhi, Rajiv Gandhi, Atal Bihari Vajpayee, and Narendra Modi, have significantly influenced voter decisions.
Voter turnout trends in India have fluctuated, with no consistent correlation to incumbent advantage or disadvantage.
It is generally believed that higher voter turnout is detrimental to incumbents, though recent elections (2014 and 2019) saw high turnout with incumbent victories.
The voting patterns of habitual versus non-habitual voters likely vary significantly, influenced by the diverse and multi-party nature of Indian politics.
Decreased turnout in the 2024 general elections could be due to factors like weather, COVID-19, economic issues, and voter apathy, potentially impacting different parties in varied ways.
Conclusion
The role of non-habitual voters in Indian elections adds an element of unpredictability, making it difficult to draw firm conclusions until election results are finalised.
Mains PYQ:
Q Individual Parliamentarian’s role as the national law maker is on a decline, which in turn, has adversely impacted the quality of debates and their outcome. Discuss. (UPSC IAS/2019)
Recently, the apex court held that lawyers as ‘professionals’ could not be subjected to legal proceedings for providing faulty ‘service’ under the Consumer Protection Act 2019 (CPA). A similar case applies to Medical practitioners which is in high controversy.
What is the Consumer Protection Act (CPA)?
Consumer Protection Act, 1986
Consumer Protection Act, 2019
Purpose
Enacted to provide simpler and quicker access to redressal of consumer grievances.
Repeals and replaces the CPA, 1986.
Introduction of Concept
Introduced the concept of ‘consumer’ and conferred additional rights on consumers.
Expands the scope of the definition of ‘consumer’ to include transactions conducted offline or online through electronic means, teleshopping, direct selling, or multi-level marketing.
Scope of Protection
Protects individuals fitting the definition of ‘consumer’ as defined by the Act.
Extends protection to a wider range of transactions, including those related to banking, insurance, transport, housing construction, entertainment, amusement, etc.
About the previous case –Indian Medical Association vs V P Shantha (1995):
In 1995, a three-judge bench of the SC ruled, “Doctors would be covered under the consumer protection law, allowing the filing of several medical negligence lawsuits against doctors for deficiency in service”.
The court also acknowledged that medical professional occupations are often “skilled” work which differs from other occupations and the success usually depends on factors that are beyond the doctor’s control.
Diversity of present Opinions:
What did the National Consumer Disputes Redressal (NCDR) Commission say?
In 2007, the NCDR Commission held that lawyers provide a service to their clients and hence they can be sued for deficiency of service.
This case ultimately reached the apex court where the judgement was passed recently.
What did the Apex court say?
The court said that the objective principle of the CPA 2019 was to protect consumers from unfair trade practices and unethical business practices (the law was not intended to include professionals).
The court noted that the legal profession is unique and cannot be compared with any other profession.
According to the SC, hiring or availing of an advocate is “a contract of personal service” and is therefore exempted from the scope of the consumer protection law.
About the Consumer Redressal Commissions in India:
Legal proceedings under the CPA are heard by the Commissions which are constituted at all the 3 tier- District, State, and National levels (According to the CPA, 1986).
The President of each Commission would be a person who was/ is qualified to be a judge at the District, High Court, and Supreme Court resp.
The other individuals who have the knowledge, experience, or capacity to deal with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration.
Since there is no requirement for commission members to have knowledge in medical matters, they are not suited to deal with complex medical issues.
In 2024, another SC bench appeared to be more sympathetic to the medical practitioners and held that these professionals should not be held to the same standard as other occupations.
Why does the Apex Court not Exempt Medical Profession from the Purview of CPA?
Firstly, doctors have specific duties to their patients, such as deciding on treatment and its administration.
Secondly, if a doctor breaches these duties by failing to provide a reasonable standard of care, they can be held liable under the CPA.
Additionally, the court believes requiring commission members to have case-specific knowledge would be impractical and burdensome.
Conclusion: This decision aims to prevent potential imbalances between District and State Commissions in handling cases and places the responsibility on parties to provide evidence for informed decisions.
The Election Commission of India (ECI) told the Supreme Court that there is no legal mandate to provide Form 17C (account of votes recorded) to any other person other than the candidate or his agent.
What does Article 329(b) say?
It specifically bars courts from intervening in any disputes related to the electoral processduring the active phase of an election—from its notification to the final declaration of results.
This is to prevent any potential delays or disruptions caused by litigation during the election.
About Forms 17A and 17C
As per the Conduct of Elections Rules, 1961, there are two forms that have data on the number of electors and voters — Forms 17A and 17C.
Form 17A: This document, compiled by the Returning Officer for each constituency, lists contesting candidates and registers voter information, including names and symbols.
Form 17C: Form 17C contains the account of votes recorded at each polling station during the election. It is prepared by the Presiding Officer of the polling station after the conclusion of polling. It includes:
EVM identification numbers.
Total number of electors and voters at the polling station.
Number of voters who did not record their votes after signing the register.
Number of voters not allowed to vote.
Total number of votes recorded per EVM.
Part-II of Form 17C: It carries counting results entered on counting day. This form is crucial for any legal challenges to the election results and for candidates to verify results on counting day.
Why is there a Demand to Make Form 17C Data Public?
Activists advocate for greater transparency in election processes.
The high number of polling stations makes it hard for candidates to compile all data.
The Election Commission of India (ECI) is not legally required to publish aggregate voter turnout data.
The ECI ensures that all statutory requirements, including providing Form 17C to candidates, are met.
Discrepancies noted in Form 17C can be contested to maintain election integrity.
Back2Basics: Conduct of Election Rules, 1961
The Conduct of Election Rules, 1961, commonly referred to as the 1961Rules, outline the procedural framework governing various aspects of the electoral process in India.
These rules were formulated under the authority of the Representation of the People Act, 1951.
It serves as the foundational legislation for conducting elections in the country.
Activities covered: Preparation of electoral rolls, the nomination of candidates, the conduct of polling, counting of votes, and the declaration of results.
Regulatory Function: The 1961 Rules incorporate provisions for addressing electoral malpractices, disputes, and grievances, thereby safeguarding the sanctity of elections.
PYQ:
[2017] For election to the Lok Sabha, a nomination paper can be filed by
(a) Anyone residing in India.
(b) A resident of the constituency from which the election is to be contested.
(c) Any citizen of India whose name appears in the electoral roll of a constituency.
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 ElectionCommissioner 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.
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)
The ECI urges star campaigners to uphold societal harmony, sparking debate on its efficacy in curbing MCC violations and enforcing norms.
Criteria for Registration of Political Parties:
Section 29A of the Representation of the People Act, 1951 (RP Act) outlines the criteria for registering a political party with the Election Commission of India (ECI).
Any party seeking registration must submit a copy of its memorandum or constitution. This document must declare that the party will faithfully adhere to the Constitution of India.
Additionally, it must commit to the principles of socialism, secularism, and democracy, and uphold the sovereignty, unity, and integrity of India.
How are political parties registered in India?
A political party recognized as a ‘National’ or ‘state’ party under the Election Symbols (Reservation and Allotment) Order, 1968 (Symbols Order) by the Election Commission of India (ECI) is referred to as a Recognized Political Party (RPP).
Recognition as a ‘National’ or ‘state’ political party is contingent upon meeting specific criteria, such as winning a requisite number of seats or obtaining a required percentage of votes in a general election to the Lok Sabha or State Assembly.
Currently, there are 6 National political parties and 61 state political parties that have been granted recognition. Recognized parties benefit from additional privileges, including the reservation of a symbol during elections and the designation of forty ‘star campaigners’.
Registered political parties enjoy the following legal benefits:
Tax exemption for donations received under Section 13A of the Income Tax Act, 1961.
Common symbol for contesting general elections to the Lok Sabha/State Assemblies
Twenty ‘star campaigners’ during the election campaign. As per the ECI, there are 2,790 active registered political parties in India.
What are the issues related Criteria for Deregistration?
Misuse of Privileges: Non-contesting RUPPs raise concerns about potential misuse of benefits like income tax exemption and donations for purposes such as money laundering.
Absence of De-registration Powers: The Representation of the People Act (RP Act) does not explicitly empower the Election Commission of India (ECI) to de-register political parties for failure to contest elections, conduct inner-party elections, or submit required returns.
Legal Limitations: The Supreme Court ruling in “Indian National Congress versus Institute of Social Welfare & Ors (2002)” affirmed that the ECI lacks the authority to de-register political parties under the RP Act, except under extraordinary circumstances such as fraudulent registration or cessation of allegiance to the Constitution.
Violations of Model Code of Conduct (MCC): Recognised political parties have been found guilty of breaching the MCC, which prohibits the exploitation of caste and communal sentiments for electoral gain, as well as voter bribery and intimidation.
What needs to be done? (Way Forward)
The Election Commission of India (ECI) has proposed amendments to the law in its 2016 memorandum for electoral reforms, aiming to grant the ECI the authority to deregister political parties.
The Law Commission’s 255th report on ‘Electoral reforms’ in 2015 also advocated for amendments allowing the de-registration of a political party if it abstains from contesting elections for 10 consecutive years. These recommendations should be put into effect.
Paragraph 16A of the Symbols order grants the ECI the power to suspend or revoke the recognition of a recognized political party if it fails to adhere to the Model Code of Conduct (MCC) or comply with lawful directives from the Commission.
Although this provision has been utilized only once, as seen in the temporary suspension of the National People’s Party’s recognition in 2015 for non-compliance with ECI directives, stricter enforcement of this measure would foster adherence to the MCC.
Mains PYQ:
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)
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:
Right to Notice: Individuals must be informed about the intention to acquire their property.
Right to Be Heard: Affected individuals have the right to voice objections.
Right to a Reasoned Decision: The government must justify the acquisition with a reasoned decision.
Public Purpose Justification: Acquisitions must serve a demonstrable public purpose.
Right of Restitution or Fair Compensation: Landowners are entitled to fair compensation for their property.
Right to An Efficient and Expeditious Process: Acquisition procedures should be efficient and adhere to set timelines.
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 300Aextends 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?
![[29 May 2024] The Hindu Op-ed: The Constitution, a surprise entrant in poll battlefield](https://www.civilsdaily.com/wp-content/uploads/2024/05/29-may-1568x882.jpg)
