Organising grand events and celebrations in April to commemorate Babasaheb Ambedkar’s birth anniversary has become a national ritual now.
Ambedkar’s Vision for Dalit Political Power
Ambedkar envisioned the Dalit-Bahujan mass as the prime claimant of state power, aiming to form a greater social alliance with Adivasis, poor working classes, and agrarian laborers against exploitative orders.
Historical Significance of Dalit Political Movements
The mid-1990s saw the emergence of powerful Dalit political leadership, such as the Bahujan Samaj Party (BSP) under Kanshi Ram and Mayawati in Uttar Pradesh, as well as leaders like Prakash Ambedkar and Ramdas Athawale in Maharashtra.
Limitation in Dalit politics today
Fragmentation in Dalit Political Legacy: Despite the unity seen in commemorations, there is a growing splintering in Ambedkar’s political legacies, resulting in Dalit political parties becoming passive and relegated forces.
Disintegration of Contemporary Ambedkarite Dalit Politics: Current Dalit politics lacks visionary leadership, a strong social base, and effective political strategies to emerge as a crucial player in democratic battles. It has disintegrated into segments.
Political Alliances and Vacillations: Dalit parties have sometimes formed alliances with parties like the BJP, despite Ambedkar’s ideologies being fundamentally opposed to Brahmanical and exploitative orders. This has led to criticism and accusations of abandoning core principles.
Way Forward
Building Stronger Intra-Dalit Unity: Encourage dialogue and collaboration among different Dalit political factions to foster a sense of unity and common purpose.
Investing in Leadership Development: Support initiatives aimed at nurturing visionary leadership within the Dalit community.
Strengthening Grassroots Mobilization: Focus on building a strong social base by actively engaging with Dalit communities at the grassroots level.
Mains PYQ
Q Debate the issue whether and how contemporary movements for assertion of Dalit identity work towards annihilation of caste.(UPSC IAS/2015)
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)
Q “Institutional quality is a crucial driver of economic performance”. In this context suggest reforms in the Civil Service for strengthening democracy.(UPSC IAS/2020)
Note4Students:
Mains: Polity; Indian Party System;
Mentor comments: Recent campaigning gathers pace for the 2024 general election, distant seem the days when the world hailed our elections as a wondrous and clamorous affair that reaffirmed our greatest achievement: being the world’s largest democracy. But in the past decade, Part Democracy has diminished in the eyes of Global countries, and to some extent our own, to an “Electoral Autocracy”. There is a palpable sense that in this election, we are fighting to save our democracy itself.
Let’s learn
—
Why in the News?
As Indians wait to elect their 18th Lok Sabha, at stake are not only 543 seats but also the ‘India’ and ‘Bharat’ of the Constitution.
History Associated with “Bharat” & “India”:
The word “India” and its variant, such as “Hind” in Arabic, have foreign origins. These names were historically used by outsiders to refer to the ‘Land of South’ and ‘East of the Indus’ or ‘Sindhu River’.
Under Afghan and Mughal dominion, the term “Hindustan” frequently denoted the northern territories of the Indian subcontinent.
Subsequently, European colonial forces, notably the British, adopted “India” to encompass not just the northern expanse but the entirety of the subcontinent, viewing it primarily as a geographical delineation.
Effect of Renaissance and Nationalism: The Indian Renaissance was pivotal in fostering the awareness that the inhabitants of the Indian subcontinent formed a unified nation.
Advocates of this movement aimed to trace Indian Nationalism back to its Ancient origins and rejected the notion of adopting a name bestowed by outsiders as unacceptable.
They preferred the term “Bharat” and its variations in different languages.
Controversy: The Muslim League voiced reservations regarding the designation “India” for the recently emancipated Nation.
They contended that “India” should denote the Hindu-majority territories, while the Muslim-majority regions ought to be acknowledged as a distinct nation, Pakistan.
This name dispute reflected the deep-seated religious and political divisions during the partition.
Amalgamation: Leaders like Netaji Subhas Chandra Bose advocated for a syncretic word, “Hind,” which could be acceptable to a wide range of people, including those from different faiths.
How Indian Democracy has evolved through Elections?
Evolution of Democracy: Over the span of 70 years since India’s first general election, significant changes have occurred in the perception and appreciation of democracy.
The passage suggests that as time passes, the audacity and significance of that democratic experiment are increasingly taken for granted.
Transformation in Conditions: It implies that conditions have changed over time, perhaps becoming less challenging compared to the post-colonial era.
Progress in Nation-Building: India has made progress in nation-building since its first general election. Previously, India has dealt with the aftermath of Partition, rehabilitating refugees, and integrating Princely States.
Advancements in Governance: The drafting of India’s Constitution and the passage of significant Legislation like the Representation of the People Act, 1950, demonstrate advancements in governance and Legal Frameworks. These changes indicate a maturation of Indian Democratic Institutions.
Demographic Shifts: The demographic composition of eligible voters has likely changed over the years. Around 85% of eligible voters were illiterate in 1950, improvements in education and literacy rates have altered this Demographic profile.
Conclusion: India’s constitutional balance between “Bharat” and “India” is maintained through official publication in English and Hindi, recognition of both versions, constitutional amendments allowing Hindi use, and Article 1(1) emphasizing both names.
The Supreme Court has decided to hear petitions seeking 100% cross-verification of the Voter Verifiable Paper Audit Trail (VVPAT) slips with the vote count as per Electronic Voting Machines (EVMs).
What is the history of the Voting Process?
First two General Elections: In the Elections of 1952 and 1957, a separate box was placed for each candidate with their election symbol. Voters had to drop a blank ballot paper into the box of the candidate whom they wanted to vote for.
Third Election: In the third election, the ballot paper with names of candidates and their symbols was introduced with voters putting a stamp on the candidate of their choice.
Introduction of EVM in Lok Sabha Elections: In the 2004 general elections to the Lok Sabha, EVMs were used in all 543 constituencies.
Global Scenario:
Many Western democracies, including England, France, The Netherlands, and the United States, have opted to continue using paper ballots for their National or Federal Elections instead of Electronic Voting Machines (EVMs).
Some countries have discontinued the use of EVMs after trials over the past two decades. For example, Germany’s Supreme Court declared the use of EVMs in elections unconstitutional in 2009.
Significance of EVM:
Prevention of Booth Capturing: EVMs have significantly reduced the likelihood of booth capturing, a practice where unauthorized individuals seize control of polling booths to manipulate votes.
Elimination of Invalid Votes: EVMs have effectively eliminated invalid votes, which were a common issue with paper ballots.
Environmental Sustainability: With a large electorate size like India’s, which is close to one billion, the use of EVMs contributes to environmental sustainability by reducing the consumption of paper.
Administrative Convenience: EVMs provide administrative convenience for polling officers on the day of the poll. They simplify the voting process, making it easier for voters to cast their ballots and for officials to manage polling stations efficiently.
Limitations on using EVM:
Susceptibility to Hacking Allegations: Despite assurances from electoral authorities, doubts have been raised about the security of EVMs, with concerns that they may be vulnerable to hacking due to their electronic nature.
Limited Sample Size for VVPAT Verification: The current practice of verifying the EVM count with Voter Verifiable Paper Audit Trail (VVPAT) slips has a small sample size of only five per assembly constituency/segment.
Identification of Polling Behavior: The process of matching EVM counts with VVPAT slips at the booth level allows for the identification of polling behavior by various political parties. This information could potentially be used for profiling voters and intimidation, undermining the secrecy and fairness of the electoral process.
Way Forward:
Enhancing Transparency and Comprehensibility: In a transparent democracy, citizens should be able to understand and verify the election process without requiring specialized technical knowledge.
Scientific Sampling for EVM-VVPAT Matching: Rather than a 100% match, the sample for matching the EVM count with VVPAT slips should be determined scientifically, possibly by dividing each state into large regions as suggested by experts.
Error Resolution: In case any error is detected, the VVPAT slips for the concerned region should be fully counted, forming the basis for results. This would instill statistically significant confidence in the counting process.
Mains PYQ
Q In the light of recent controversy regarding the use of Electronic Voting Machines (EVM), what are the challenges before the Election Commission of India to ensure the trustworthiness of elections in India?
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?
The Supreme Court observed that a claimant of an Easementary Right cannot claim an Easement by necessity if there exists an alternative way to access the property owned by the claimant, known as the ‘Dominant Heritage‘.
The court referred to Section 13 of the Indian Easements Act, of 1882, which deals with easementary rights by necessity.
What is Easement Right?
An Easement is a legal right to use someone else’s property for a specific purpose without possessing it.
Essentially, it’s a permission or privilege granted by the owner of one property (the servient land) to someone else (the dominant land) to use the servient land in a particular way.
Legal backing for Easement Rights
Section 13 of the Indian Easements Act, 1882, serves as the cornerstone in adjudicating easementary rights disputes.
It mandates that such rights can only be claimed if no alternative access to the Dominant Heritage exists, providing clarity in legal proceedings.
Understanding terms like ‘Dominant Heritage’ (represents the property for enjoyment) and ‘Servient Heritage‘ (property over which rights are sought) is crucial in comprehending easementary rights disputes.
Features of the Indian Easements Act, 1882:
Definition of Easements: The law defines what an easement is and the different types, like rights of way (to pass through someone’s land), rights to light and air, and rights to use water.
Acquisition of Easements: It explains how easements can be created. For example, by agreement between the parties or through long-time use.
Rights and Liabilities: It outlines the rights and responsibilities of both the person who has the easement (the beneficiary) and the person who owns the land over which the easement exists (the servient owner). For instance, the beneficiary must not do anything to increase the burden of the easement, and the servient owner must not obstruct the use of the easement.
Termination of Easements: It describes the circumstances under which an easement can come to an end. For example, if the purpose for which the easement was created ceases to exist, or if the beneficiary expressly gives up their right.
Customary Easements: It recognizes certain easements that arise due to local customs or traditions.
Back2Basics:Fundamental Rights vs. Legal Rights
Fundamental Rights
Legal Rights
Source
Enshrined in the Indian Constitution, specifically Part III
Derived from various sources such as Legislation, contracts, Judicial decisions, etc.
Enforcement
Directly enforceable against the state through constitutional remedies like writ petitions under Article 32
Enforceable through the legal system, but may vary in enforceability depending on the nature of the right and available legal mechanisms
Scope
Typically includes rights essential for the Protection of Individual Liberty, Equality, and dignity, such as the Right to Equality, Freedom of Speech, Right to Life and Personal Liberty, etc.
Encompasses a wide range of rights recognized by law, including Property Rights, Contractual Rights, Tort Rights, Family Law Rights, Labor Rights, Consumer Rights, etc.
Nature
Paramount and inviolable, subject to limited exceptions as prescribed by the Constitution
Subject to limitations or restrictions imposed by law, and may be subject to changes or modifications through Legislative action or Judicial Interpretation
Examples
Right to Equality, Right to Freedom of Speech, Right to Life and Personal Liberty, etc.
Right to Property, Right to Contract, Right to sue for damages, Right to Vote, etc.
PYQ:
[2018] What is the position of Right to Property in India?
The Adjudicating Authority under the Prevention of Money Laundering Act, 2002 (PMLA) has confirmed the attachment of assets worth Rs 751.9 crore linked to a politician family.
UN General Assembly’s Political Declaration and Global Program of Action, 1990.
What is it?
Criminal law targeting money laundering and property confiscation from illicit activities.
Central to India’s anti-money laundering legal framework.
Applicable to financial institutions, banks (including RBI), mutual funds, insurance companies, and their intermediaries.
Amendments
Amended in the year 2005, 2009 and 2012.
Objectives
Confiscate proceeds of crime involved in money laundering.
Establish legal mechanisms to prevent money laundering and terrorist financing.
Strengthen investigation and prosecution of money laundering offenses.
Enhance international cooperation in combating money laundering.
Regulating Authorities
Directorate of Enforcement (ED) enforces PMLA provisions and investigates money laundering cases.
Financial Intelligence Unit (FIU) receives, processes, analyses and disseminates information related to suspect financial transactions.
Salient Features
Punishment and Jail Term: Provides rigorous imprisonment from 3 to 7 years for money laundering, extendable up to 10 years.
Powers of Attachment: Director or officer above Deputy Director rank can provisionally attach suspected “proceeds of crime” property.
Adjudicating Authority: Appointed by the central government to determine involvement of attached or seized property in money laundering.
Presumption in Inter-Connected Transactions: Transactions are presumed interconnected in money laundering cases.
Burden of Proof: Accused must prove alleged proceeds of crime are lawful.
Appellate Tribunal: Empowered to hear appeals against Adjudicating Authority and other orders under the Act.
Special Court Establishment: Ensures expedited trials.
In news:Adjudicating Authority under PMLA
The ED, empowered by Section 5 of the PMLA, provisionally attaches assets suspected to be acquired through criminal proceeds.
These provisional orders, valid for 180 days, require confirmation by the Adjudicating Authority within the stipulated period to maintain legal validity.
Role of the Adjudicating Authority:
The Adjudicating Authority, appointed by the central government, reviews the attachmentorders to ensure compliance with legal standards and procedural requirements.
Failure to confirm the attachment within the prescribed timeline results in automatic release of the attached property.
Legal Ramifications Post-Confirmation:
Once confirmed, the accused retains the right to challenge the order within 45 days at the PMLA’s Appellate Tribunal.
If the order is upheld, the accused may pursue further legal avenues, while the attached property remains inaccessible until the conclusion of legal proceedings.
Impact on Property Owners and Enforcement Agencies:
Confirmed attachments may lead to the ED taking possession of residential properties, compelling owners to evacuate.
Attached properties, including vehicles, may deteriorate over time as legal battles prolong, with significant financial implications for both parties.
PYQ:
[2013] Money laundering poses a serious security threat to a country’s economic sovereignty. What is its significance for India and what steps are required to be taken to control this menace?
[2019] Consider the following statements:
1. The United Nations Convention against Corruption (UNCAC) has a ‘Protocol against the Smuggling of Migrants by Land, Sea and Air’.
2. The UNCAC is the ever-first legally binding global anti-corruption instrument.
3. A highlight of the United Nations Convention against Transnational Organized Crime (UNTOC) is the inclusion of a specific chapter aimed at returning assets to their rightful owners from whom they had been taken illicitly.
4. The United Nations Office on Drugs and Crime (UNODC) is mandated by its member States to assist in the implementation of both UNCAC and UNTOC.
The Supreme Court held that candidates need not to disclose every piece of Information and Possession in their Election Affidavit unless it is Substantial in Nature.
What are the Legal Provisions?
Nomination paper with Affidavit: Section 33 of the Representation of the People Act, 1951 (RP Act) read with rule 4A of election rules, requires every contesting candidate to file their nomination paper for elections along with an Affidavit in a ‘prescribed format’.
Association of Democratic Reforms (ADR) Vs Union of India (2002): The Supreme Court held that voters have the right to know about the criminal antecedents, income and asset details of the candidate and his/her dependants and educational qualification of contesting candidates.
This judgement resulted in Section 33A being added to the RP Act that requires details of criminal antecedents to be part of the election affidavit.
Punishable Offence: Section 125A of the RP Act further provides that failure to furnish required information, giving false information or concealing any information in the nomination paper or affidavit shall be punishable with imprisonment up to six months or fine or both.
Present Dilemma of Accountability:
Candidates with Criminal Charges: The significant issue of candidates with serious criminal charges contesting elections raises questions about the integrity and suitability of such candidates for public office.
According to a report by ADR, 19% of candidates in the 2019 Lok Sabha election faced charges of rape, murder or kidnapping.
Circumvention of Disclosure Requirements: Some candidates attempted to circumvent disclosure requirements by leaving certain columns blank and filing incomplete affidavits, indicating loopholes in the electoral process.
Recommendations by Election Commission and Law Commission in its 244th report:
A conviction for filing a false affidavit should attract a punishment of a minimum of 2 years imprisonment and be a ground for disqualification.
The Trials in such cases must be conducted on a day-to-day basis.
Persons charged by a competent court with offences punishable by imprisonment of at least 5 years should be debarred from contesting in the elections provided the case is filed at least 6 months before the election in question.
Supreme Court’s Judgement to resolve this issues:
In Public Interest Foundation Vs Union of India (2018) directed candidates as well as political parties to issue a declaration about criminal antecedents, at least three times before the election, in a newspaper in the locality and electronic media.
Way Forward:
Debarring from contesting elections : Debarring chargesheeted candidates from contesting elections is likely to be misused by various ruling parties.
Increasing Punishment for False Affidavits: Increasing punishment for filing false affidavits and making it a ground for disqualification need to be implemented.
Strict Implementation of SC order:The Supreme Court’s order to provide wide publicity of criminal records should also be strictly implemented.
Conclusion: Addressing challenges in candidate disclosure, enhancing electoral integrity can be achieved through measures such as imposing stricter penalties for false affidavits, enforcing disclosure laws rigorously, and ensuring widespread dissemination of candidates’ criminal records.
The Supreme Court refused to condone a delay of 5659 days in an appeal filing, setting forth eight guiding principles by interpreting Sections 3 and 5 of the Limitation Act, 1963, in ‘Harmonious Construction’.
What is the Doctrine of Harmonious Construction?
The doctrine of harmonious construction means figuring out how to understand different parts of a law that seem to disagree with each other.
This doctrine helps maintain consistency and coherence in legal interpretation, ensuring that legislative intent is upheld while resolving apparent conflicts within statutes.
Origin: The Origin of the Doctrine of Harmonious Construction dates back to the landmark Judgement of Sri Shankari Prasad Singh Deo v. Union of India (1951), when there existed conflict between Fundamental Rights and DPDP.
In the present context, the SC harmoniously construed Sections 3 and 5 of the Limitation Act, ensuring that the strict interpretation of limitation periods under Section 3 was balanced with the liberal approach to condonation of delay under Section 5.
What is Limitation Act, 1963?
The Limitation Act, 1963 is a statute enacted by the Parliament that prescribes the time limits within which legal proceedings can be initiated for various civil and criminal matters.
The Act sets out the specific time periods, known aslimitation periods, within which a person must file a lawsuit or take legal action to enforce their rights or claim remedies for a particular cause of action.
Once the limitation period expires, the right to initiate legal proceedings becomes barred by law, and the aggrieved party loses the right to seek legal redress.
Here are its key features:
Applicability: The Limitation Act, 1963 applies tocivil suits, appeals, and applications filed in courts across India, with exceptions for cases where specific statutes provide for different limitation periods.
Limitation Periods: The Act sets a limitation period of3 years for filing suits related to recovery of debts, breach of contract, or injury to a person.
Commencement of Limitation: The limitation period typically begins from the date when the cause of action arises, which is when the aggrieved party becomes entitled to sue.
Extension and Suspension: The Act allows for certain circumstances where the limitation period may be extended or suspended. For instance, if the plaintiff is under a disability or if fraud is discovered, the limitation period may be extended.
Principles for Condonation of Delay
Justices Bela M Trivedi and Pankaj Mithal presided over the bench that delineated these principles.
Public Policy Basis: Limitation law aims to conclude litigation by forfeiting the remedy rather than the right itself.
Temporal Limitation: Rights or remedies unexercised for a prolonged duration should cease to exist.
Strict vs. Liberal Construction: Section 3 (limitation period) requires strict interpretation, while Section 5 (condonation of delay) demands a liberal approach.
Substantial Justice: While promoting substantial justice, the core of limitation law (Section 3) must not be undermined.
Discretionary Power: Courts may condone delay if sufficient cause is explained but may refrain due to factors like inordinate delay and negligence.
Individual Justification: Relief granted to some does not mandate the same for others if delay justification is unsatisfactory.
Merit Irrelevance: Merits of the case need not influence delay condonation decisions.
Condonation Parameters: Applications for delay condonation must adhere to statutory provisions; overlooking conditions amounts to disregarding the law.
Why were these guidelines laid out?
These principles emerged from a case where legal heirs sought to challenge a High Court decision dismissing their plea to condone delay in filing an appeal against a Trial Court’s reference dismissal.
The litigant’s heirs argued insufficient knowledge about the dismissal due to her stay in the matrimonial house, leading to a delayed filing.
However, the Supreme Court rejected this argument, citing negligence in pursuing the reference and appeal, lack of procedural diligence, and acceptance of the reference court’s decision by most claimants.
PYQ:
[2021] With reference to Indian judiciary, consider the following statements:
1. Any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with prior permission of the President of India.
2. A High Court in India has the power to review its own judgement as the Supreme Court does.
Which of the statements given above is/are correct?
The Supreme Court affirmed a candidate’s right to privacy from voters, stating that candidates need not divulge every aspect of their personal lives and possessions to the electorate.
It held that Voters Right to Know about the electors is NOT ABSOLUTE.
Right to Privacy in India:
The Right to Privacy under Article 21 of the Indian Constitution is interpreted as an intrinsic part of the fundamental right to life and personal liberty.
Article 21 states that “No person shall be deprived of his life or personal liberty except according to procedure established by law.”
In the landmark judgment of Justice K.S. Puttaswamy (Retd.) v. Union of India (2017), the Supreme Court explicitly recognized the Right to Privacy as a fundamental right under Article 21.
The court held that privacy is an essential aspect of personal liberty and dignity, encompassing informational privacy, decisional autonomy, bodily integrity, and spatial privacy.
This right protects individuals against unwarranted intrusions into their private lives by the state or any other entity.
It includes the right to keep personal information confidential, to make decisions about one’s life and body without interference, and to maintain physical and spatial autonomy.
A candidate doesn’t need to declare every item of movable property, such as clothing, shoes, crockery, stationery, and furniture, unless these items are of such value as to constitute a sizeable asset in itself or reflect upon the candidate’s candidature in terms of their lifestyle – Supreme Court.
What are Corrupt Practices under the RPA?
Section 123 of the Representation of People Act, 1951 defines “corrupt practices” to include bribery, undue influence, false information, and promotion of enmity among citizens based on religion, race, caste, etc.
Section 123(2) deals with “undue influence,” involving interference with electoral rights through threats or promises.
Undue influence can manifest in various forms, including threats of physical harm, coercion, intimidation, promises of reward or benefit, or exploitation of vulnerabilities.
Supreme Court’s Verdict
Emphasis on Candidate’s Right to Privacy:
Upholding the appeal, the Supreme Court emphasized the candidate’s right to privacy, stating that not every non-disclosure automatically constitutes a defect.
The court highlighted that a candidate is not required to disclose every item of movable property unless it reflects upon their candidature or lifestyle.
Case-specific Evaluation:
The court emphasized that each case must be judged on its own merits, without applying a blanket rule.
The Court emphasized that non-disclosure of certain personal possessions does not amount to a “defect of a substantial nature” under Section 36(4) of the 1951 Act.
Example of “High-value” Assets:
Suppression of high-priced assets, indicating a lavish lifestyle, would constitute undue influence.
However, ownership of simple, low-value items may not be considered a defect.
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.
The Centre has reportedly initiated measures to reduce the land jurisdiction of 10 major cantonment boards across five states.
In May 2023, the Centre had kicked off a plan to abolish all 62 colonial-era Cantonments across the country.
What are Cantonments?
Cantonments are Permanent military stations where a group of military personnel are stationed for administrative purposes.
They are governed by the Cantonments Act, 2006, which provides for municipal administration and control of these areas.
India currently has 62 cantonments spread across various states, with some areas known for their better infrastructure and facilities compared to other parts of the country.
Cantonments are managed by Cantonment Boards, which are democratic bodies comprising elected and nominated members.
The Station Commander of the Cantonment serves as the ex-officio President of the Board.
Historical Background
The Cantonments Act, 1924, was enacted by the British to regulate the municipal administration of cantonments.
After India’s independence, the Cantonments Act was modified to suit the democratic setup of the country.
The current Cantonments Act, 2006, replaced the previous version, aiming to provide greater autonomy and accountability to the Cantonment Boards.
Categories of the erstwhile Cantonments
Cantonments are categorized based on the population size residing within them:
Category I: Cantonments with a population of over 50,000.
Category II: Cantonments with a population of 10,000 to 50,000.
Category III: Cantonments with a population of less than 10,000.
Category IV: Industrial or training Cantonments, irrespective of their population size.
Centre’s plan to re-regulate Cantonments
Conversion to Exclusive Military Stations: Under the plan, military areas within all cantonments will be carved out and designated as “exclusive military stations.” The Army will exercise “absolute control” over these areas, streamlining their administration and operations.
Merger with Local Municipalities: The civilian areas of cantonments will be integrated with the respective local municipalities. These municipalities will take up the responsibility of maintaining these areas, along with providing essential services and infrastructure.
Move Away from Traditional Cantonment Concept: Post-independence, the Indian Army moved away from the traditional cantonment concept, primarily due to friction between military and civilian authorities. However, certain major cantonments continued to exist, such as Pune Cantonment and Agra Cantonment.
The Supreme Court recently held that people have a fundamental right to be free from the adverse effects of climate change while emphasizing that countries like India must uphold their international obligations for healthy and sustainable development [M K Ranjitsinh & Ors. vs Union of India].
Background of M K Ranjitsinh & Ors. vs Union of India Case:
The case was related to the conservation of the critically endangered Great Indian Bustard (GIB).
In 2021, a writ petition was filed by retired government official and conservationist M K Ranjitsinh, seeking protection for the GIB and the Lesser Florican, which are on the verge of extinction.
On April 19, 2021 order by SC was imposed restricting the setting up of overhead transmission lines in a territory of about 99,000 sq km in the GIB habitat in Rajasthan and Gujarat.
The Supreme Court has ruled that people have a “right to be free from the adverse effects of climate change”, which should be recognized by Articles 14 and 21 of the Constitution.
This judgment was by a three-judge Bench of Chief Justice of India (CJI) D Y Chandrachud and Justices J B Pardiwala and Manoj Misra.
The Recent Modification over Earlier Judgement given by the SC:
Who applied for modification of an earlier case?
The Ministry of Power, the Ministry of Environment, Forest and Climate Change, and the Ministry of New and Renewable Energy had applied to modify the 2021 order on grounds that
It had adverse implications for India’s power sector, and undergrounding power lines was not possible
The Paris Climate Treaty (2015) is one of the key grounds for seeking a modification of the 2021 order.
What SC did say in this case?
Underground powerlines: The apex court modified its April 2021 order giving directions for underground high-voltage and low-voltage power lines, and directed experts to assess the feasibility of undergrounding power lines in specific areas after considering factors such as terrain, population density, and infrastructure requirements
The earlier direction was not feasible: The ruling acknowledged that its earlier directions, “besides not being feasible to implement, would also not result in achieving its stated purpose, i.e., the conservation of the GIB”.
Suitable relationship between FR and DPSP: The court emphasized that when addressing environmental concerns outlined in the Directive Principles of State Policy, they must be interpreted in conjunction with the right to life and personal liberty as enshrined in Article 21.
How have the Courts interpreted Article 21 earlier?
Article 21 as the Heart of Fundamental Rights: The Supreme Court (SC) recognizes Article 21 of the Constitution as central to fundamental rights, emphasizing that the right to life encompasses more than mere existence but includes all rights necessary for a meaningful and dignified life.
Inclusion of Environmental Rights within Article 21: In the 1980s, the SC expanded Article 21 to include the right to a clean environment, along with various other rights such as education, shelter, clean air, livelihood, and medical care.
Actualizing New Rights: Despite the recognition of these new rights, citizens often face challenges in exercising them, particularly in cases concerning environmental issues like clean air.
What are the implications of the judgment for environmental jurisprudence?
Strengthening Environmental and Climate Justice: The judgment emphasizes bolstering environmental and climate justice by recognizing the multifaceted impacts of climate change on various communities.
Expansion of Article 14 and Right to Life: The judgment expands the scope of Article 14 of the Constitution, which guarantees equality before the law, to encompass environmental concerns.
Influence on Public Discourse and Government Policies: The judgment is expected to influence public discourse on environmental issues, shaping perceptions and priorities regarding environmental protection.
Establishment of Legal Precedent: By acknowledging the “right against adverse effects of climate change,” the judgment establishes a significant legal precedent.
Conclusion: The Supreme Court’s recognition of citizens’ “right to be free from adverse effects of climate change” expands constitutional protections, strengthens environmental justice, influences policy discourse, and sets a crucial legal precedent.
Mains PYQ
Q Does the right to clean environment entail legal regulation on burning crackers during Diwali? Discus in the light of Article 21 of Indian Constitution and judgements of the apex in this regard.(UPSC IAS/2015)
Q The most significant achievement of modern law in India is the constitutionalization of environmental problems by the Supreme Court.” Discuss this statement with the help of relevant case laws. (UPSC IAS/2022)
