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Subject: Polity

  • Candid notes on the NHRC’s status deferral

    Why in the News?

    The National Human Rights Commission of India (NHRC) was formally informed late last week that the deferral of its status would continue for a year more.

    • The deferral was put in place by the Sub-committee on Accreditation (SCA) of the Global Alliance of National Human Rights Institutions (GANHRI) for a year, in 2023.

    About the National Human Rights Commission of India (NHRC)

      • The NHRC is a statutory body established under the Protection of Human Rights Act, of 1993.
      • It is mandated to promote and protect Human Rights in India, investigate complaints of human rights violations, and take serious cognizance of human rights issues.
      • The NHRC plays a crucial role in ensuring accountability and justice for victims of Human Rights abuses.
    • It’s Deferral status:
      • The deferral of NHRC’s status means that its accreditation is temporarily postponed, pending improvements in its compliance with the Paris Principles.
      • The Global Alliance of National Human Rights Institutions (GANHRI) accredits National Human Rights Institutions (NHRIs) based on compliance with the Paris Principles, a set of international standards for NHRIs.

    About Global Alliance of National Human Rights Institutions (GANHRI):

    • The GANHRI is an international network that brings together National Human Rights Institutions (NHRIs) from around the world.
    • It was established in 1993 as the International Coordinating Committee (ICC) of National Institutions for the Promotion and Protection of Human Rights.
    • In 2009, it was renamed GANHRI to better reflect its global scope and mission.

    How Indian NHRC is drifting away from the Paris Principles?

    • Ideological Conflict: The mention of the ‘Manusmriti’ in the NHRC document sparked outrage among historically disadvantaged communities, who view it as a source of discrimination and violence they have endured during ancient times.
      • The foundational values of ‘Equality’ in the Indian Constitution and Paris Principles conflict with Manusmriti’s ‘caste-division’ principles.
      • In early 2017 also the NHRC was placed in the deferral category by the GANHRI, which was later lifted after a review.
    • Significance of ‘A’ Status: NHRC had emphasized the significance of ‘A’ status accreditation in its public note on a previous occasion.
      • ‘A’ status grants participation in the work and mechanisms of GANHRI, the Human Rights Council, and other UN mechanisms.

    Way forward:

    • Comprehensive Review: Conduct a thorough review of NHRC’s policies, practices, and organizational structure to identify areas of improvement and address deficiencies.
    • Strengthen Compliance: Need to take proactive measures to ensure compliance with the Paris Principles, including enhancing autonomy, independence, and effectiveness in addressing human rights violations.

    Mains PYQ:

    Q Though the Human Rights Commissions have contributed immensely to the protection of human rights in India, yet they have failed to assert themselves against the mighty. Analysing their structural and practical limitations, suggest remedial measures. (UPSC IAS/2021)

  • Adopting a transformative vision for mediation

    Why in the news? 

    The Mediation Act, of 2023, formalizes diverse mediation forms, promotes amicable settlements and also addresses the judicial backlog. However, Chief Justice Chandrachud emphasized recently that we need a “mediate, not litigate” directive.

    What is Alternative Dispute Resolution (ADR)?

    • ADR refers to the methods of resolving a dispute, which are alternatives for litigation in Courts. Generally, it uses a neutral third party who helps the parties to communicate, discuss the differences, and resolve the dispute (civil disputes).
    • The Malimath Committee Report (1989-90) underlined the need for ADR mechanisms as a viable alternative to conventional court litigation.

    Important Provisions Related To ADR:

    • Section 89 of the Civil Procedure Code, 1908: Provides that opportunity to the people, if it appears to court there exist elements of settlement outside the court then the court formulates the terms of the possible settlement and refer the same for ADRs.
    • Legal provisions dealing with the ADR mechanism in India are the Legal Services Authority Act, 1987 (established Lok Adalat System) and the Arbitration and Conciliation Act, 1996.

     

    Significance of ADR: 

    • Speedy Justice: It is a well-known fact that the present Judicial System is extremely expensive and delaying. ADR methods typically resolve disputes faster than traditional court processes, which is crucial in reducing judicial backlog and providing timely justice.
    • Cost-Effectiveness: ADR is generally less expensive than litigation, as it avoids the high costs associated with court fees, prolonged legal procedures, and extensive discovery processes.
    • Confidentiality: Unlike public court proceedings, ADR processes are usually private, protecting the confidentiality of the parties and the details of the dispute.
    • Preservation of Relationships: ADR methods, particularly mediation and conciliation, emphasize collaborative problem-solving and communication, helping to preserve or even improve relationships between parties.

    Key provisions of the Mediation Act, 2023:

    • It defines ‘Mediation’ and also expands the scope of mediation to statutorily recognize pre-litigation mediation, online mediation, community mediation and conciliation under the definition.
    • Section 5 provides that the disputing parties, before filing any civil or commercial suit in any court, may “voluntarily and with mutual consent” take steps to settle the disputes by pre-litigation mediation.
    • It is in line with the international practice of using the terms ‘mediation’ and ‘conciliation’ as declared by the UNCITRAL and as done previously by the Supreme Court of India in many of its judgments (Perry Kansagra vs. Smriti Madan Kansagra, 2019 and Amardeep Singh vs. Harveen Kaur, 2017).

    Need to address flaws wrt Mediation Act, 2023:

    • Experience Requirement for Mediators: Aspiring mediators must have 15 years of professional experience before qualifying to practice. This requirement might be too stringent and could limit the pool of potential mediators, hindering the growth of mediation as a viable dispute-resolution method.
    • Disconnect in Legal Education: The current legal education and practice emphasize advocacy, which contrasts sharply with the neutrality required in mediation. This creates a disconnect as legal professionals need to unlearn and relearn skills when transitioning between roles, making the process inefficient.

    How can we foster the next generation of Mediators?

    • Integrated Approach: To bridge the gap between advocacy and mediation, there should be continuous, integrated learning. Legal professionals should be trained to switch roles seamlessly, maintaining and enhancing their skills in both areas throughout their careers.
    • Innovative Training Methods: Co-mediation pairs novice mediators with experienced counterparts, allowing them to gain practical experience in real mediation sessions.
    • Structured Mediation Training: Embedding mediation training within the law school curriculum can ignite early interest and equip students with essential dispute-resolution skills.
    • Amendments: Revising the experience requirement to allow younger professionals to become mediators sooner could expand the pool of qualified mediators and accelerate the adoption of mediation practices.

    Conclusion: According to CJI an “active effort must be taken by courts to make negotiations and mediation mandatory as part of case management and with adequate cooperation from all stakeholders, ADR can emerge as a tool of social justice in the country.

    Mains PYQ: 

    Q What are the major changes brought in the Arbitration and Conciliation Act, of 1966 through the recent ordinance promulgated by the President? How far will it improve India’s dispute resolution mechanism? Discuss. (UPSC IAS/2015)

  • Supreme Court cautions on ‘history sheets’: All you need to know about the practice

    Why in the News?

    On May 7, a Bench comprising Justices Surya Kant and K V Viswanathan warned against the presence of “unfair, prejudicial, and atrocious mindsets” that perpetuate and validate caste prejudices.

    • It also directed all states and union territories to ensure that the ‘history sheets‘ maintained by their police forces are free from ‘caste biases’.
    • The Bench was adjudicating a petition filed by AAP MLA Amanatullah Khan, contesting a history sheet initiated against him and a proposal to designate him as a ‘bad character’ by registering his name in the surveillance register at Delhi’s Jamia Nagar police station.

    Did you know about the ‘History sheets’?

    • The term “history sheet” first appeared in the Punjab Police Rules of 1934. 
    • These rules authorized the opening of a history sheet against individuals reasonably believed to be habitually addicted to crime or aiding and abetting criminal activities, regardless of whether they have been convicted.

    How was the process of ‘history sheeting’ initiated?

    • The process of opening a history sheet is governed by police rules specific to each state, such as it is applicable in Punjab, Haryana, Himachal Pradesh, Delhi, and Chandigarh.
    • The initiation typically begins when the Station House Officer (SHO), who is the head of the police station, takes notice of an individual proven guilty in multiple cases or found to be consistently engaged in criminal activities.
    • Details included in the history sheet (Acc. Punjab Police Rules, 1934):
      • A history sheet must contain a detailed description of the individual, paying special attention to any peculiarities of appearance that can aid in identification.
      • It mentions the relations and connections of the individual. This provides clues regarding persons with whom the criminal is likely to associate.
      • It holds the details about any property owned by the criminal, as well as their mode of earning a livelihood, should be included.

    About Amanatullah Khan’s plea in the Supreme Court:

    • On May 13, 2022, the Station House Officer (SHO) of Jamia Nagar had submitted a dossier to the Assistant Commissioner of Police (ACP) and Deputy Commissioner of Police (DCP) proposing to open a history sheet and label him as a “Bad Character” in police records.
    • The proposal was accompanied by a list of 18 pending cases against Khan, including offenses such as intimidation, threatening, and riots. Khan claimed that he had been discharged, acquitted, or had the FIRs quashed in 14 of these cases.
    • Legal Battles: 
      • In January 2023, the Delhi HC dismissed Khan’s plea against the opening of the history sheet and the “Bad Character” tag, stating that the Delhi Police had followed due procedure and complied with the Punjab Police Rules, 1934.
      • Khan’s appeal to the SC was rejected, but the SC directed the police to ensure that details of his minor children and wife were not reflected in the history sheet.
      • Khan’s plea focused on protecting the dignity, self-respect, and privacy of his innocent family members, including minor relatives, from being compromised by inclusion in the history sheet.
    • Revisiting Police Procedures: The Delhi Police submitted that they would revisit the format for history sheets to ensure that the details of innocent family members are not compromised.
      • A Standing Order issued by the Delhi Police Commissioner on March 21, 2024, stated that details of minor relatives should not be included in the history sheet.

    BACK2BASICS

    Constitutional and Legal Provisions for accused person in India:

    • Article 20: This right protects against arbitrary and excessive punishment of an accused person, whether a citizen, a foreigner, or a legal person like a company or a corporation, etc.
    • Article 21: This right declares that no person shall be deprived of his life or personal liberty except according to the procedure established by law. This right is available to both citizens and non-citizens.
    • Section 50(1) of the CrPC: As per this section, every arrested person has the right to be treated with dignity and respect during detention.
      • This section ensures that individuals, including the accused, are not subjected to any form of physical or mental abuse while in custody, upholding the basic human rights of the accused.

    Way Forward:

    • Review and Revise Police Procedures: States and Union Territories should conduct a comprehensive review of their police procedures related to maintaining history sheets to ensure they are free from caste biases.
    • Training and Sensitization: Police personnel should undergo regular training and sensitization programs to raise awareness about caste biases and the importance of impartiality in law enforcement.

    Mains PYQ: 

    Q The jurisdiction of the Central Bureau of Investigation (CBI) regarding lodging an FIR and conducting probe within a particular State is being questioned by various States. However, the power of the States to withhold consent to the CBI is not absolute. Explain with special reference to the federal character of India.

  • 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)

  • What is Interim Bail?

    Why in the news?

    The Supreme Court has granted interim bail to Delhi Chief Minister Arvind Kejriwal in the liquor policy case till to campaign for the Lok Sabha elections.

    What is Interim Bail?

    • Interim bail in India is a temporary release granted to an accused person from custody under Section 439 Cr.
    • It can be granted to address urgent matters such as medical emergencies, family crises, or other significant personal issues.

    Legal Provisions for Interim Bail

    Interim bail in India is NOT explicitly defined under a specific statute but is derived from the discretionary powers granted to courts under various legal provisions.

    The most relevant laws and principles include:

    1. Code of Criminal Procedure, 1973 (CrPC): While the CrPC does not explicitly mention “interim bail,” it provides the framework for granting bail in general. Sections like 437 (bail in non-bailable cases by Magistrate), 438 (anticipatory bail), and 439 (special powers of High Court or Court of Session regarding bail) are used by courts to grant bail, including interim bail, based on judicial discretion.
    2. Constitutional Provisions: The Constitution of India under Article 21, which guarantees the right to life and personal liberty, is often interpreted to include the right to bail as part of the fair and just legal process.

     

    Back2Basics: What is Bail?

    • Bail is the conditional release of a defendant with the promise to appear in court when required.
    • The term also means the security that is deposited in order to secure the release of the accused.
    • In India’s legal world, the term offense has been categorized as bailable offenses and non-bailable under the Code of Criminal Procedure.

    Why need Bail?

    • Bail is a fundamental aspect of any criminal justice system.
    • A person can defend himself/herself better when he/she is free, thus ensuring free trial.
    • The practice of bail grew out of the need to safeguard the fundamental right to liberty.
    • Liberty is the right of one whose guilt has not yet been proven.

    Types of Bail in India

    • Depending upon the sage of the criminal matter, there are commonly three types of bail in India:
    1. Regular Bail: Granted to a person who has already been arrested and is in custody. This type of bail is provided under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (CrPC). It allows the accused to be released from custody while the trial is ongoing.
    2. Anticipatory Bail: Under Section 438 of the CrPC, anticipatory bail is a pre-arrest legal process. It is granted when a person apprehends arrest on an accusation of having committed a non-bailable offence. This type of bail ensures that the accused will be released on bail in the event they are arrested.
    3. Interim Bail: This is temporary bail granted for a short period. Interim bail is often granted to allow the accused some relief until a final decision on their regular or anticipatory bail plea is made.

    Conditions for Grant of Bail in Bailable Offences

    • Section 436 of the Code of Criminal Procedure, 1973, lays down that a person accused of a bailable offense under IPC can be granted bail if:
    1. There are sufficient reasons to believe that the accused has not committed the offence.
    2. There is sufficient reason to conduct a further inquiry in the matter.
    3. The person is not accused of any offence punishable with death, life imprisonment or imprisonment up to 10 years.

    Conditions for Grant of Bail in Non-Bailable Offences

    • Section 437 of Code of Criminal Procedure, 1973 lays down that the accused does not have the right to apply for bail in non-bailable offences.
    • It is discretion of the court to grant bail in case of non-bailable offences if:
    1. The accused is a woman or a child, bail can be granted in a non-bailable offence.
    2. There is a lack of evidence then bail in non-Bailable offenses can be granted.
    3. There is a delay in lodging FIR by the complainant, bail may be granted.
    4. The accused is gravely sick.

     

    PYQ:

    [2021] With reference to India, consider the following statements :​

    1. Judicial custody means an accused is in the custody of the concerned magistrate and such accused is locked up in police station, not in jail.​

    2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.​

    Which of the statements given above is/are correct?​

    1. 1 only ​
    2. 2 only​
    3. Both 1 and 2 ​
    4. Neither 1 nor 2​

  • [10 May 2024] The Hindu Op-ed: The message from U.S. campuses, protesting students

    Mains PYQ Relevance: 

    Q)“The diverse nature of India as a multi-religious and multi-ethnic society is not immune to the impact of radicalism which is seen in her neighbourhood? Discuss along with strategies to be adopted to counter this environment. (UPSC IAS/2014)

    Q) Critically examine the aims and objectives of SCO. What importance does it hold for India?. (UPSC IAS/2021)

    Note4Students: 

    Subject: GS II (IR)

    Prelims: International issues in the news;

    Mains: Islamophobia and Anti-Palestinian Racism;

    Mentor comments: In 1985, when American campuses were roiling with protests against apartheid South Africa, the legendary African-American feminist poet and philosopher, Audre Lorde, reflected that America was “the most powerful country in the world” but also “a country which stands upon the wrong side of every liberation struggle on earth”. Lorde noted that this filled her with both a sense of dread and a sense of urgency. Dread and urgency, once again, have driven students across campuses in the United States to protest against the catastrophe in Gaza. During the anti-apartheid protests calling for divestment at campuses in the late 1980s — when we were students — university administrators were embarrassed about aligning with the White apartheid state of South Africa. 

    Let’s learn

    —

    Why in the news? 

    Today, with Islamophobia and anti-Palestinian racism so normalized in the U.S., university administrators are proudly aligning with this genocidal war. 

    What is Islamophobia and Anti-Palestinian racism?

    • Islamophobia is a form of racism that targets expressions of Muslimness or perceived Muslimness, rooted in racism and involving stereotypes, demonization, and dehumanization of Muslims
    • Anti-Palestinian racism, on the other hand, refers to prejudice, collective hatred, and discrimination directed at the Palestinian people, including silencing, exclusion, erasure, stereotypes, defamation, and dehumanization of Palestinians or their narratives

    Student’s protest in the USA:

    • Unified Demands: Student protesters have a unified set of demands, including disclosure and divestment from corporations complicit in the Israeli occupation of Palestine, removal of police from campuses, and protection of pro-Palestinian speech and activism.
      • The call for divestment can be traced back to the Boycott, Divestment, and Sanctions (BDS) movement inspired by the anti-apartheid student movement. The demand for “cops off campus” reflects abolitionist critiques of police as a racist institution, amplified after the George Floyd protests.
    • Education and Activism: Students are educating each other on the history of the Levant, colonialism, racial violence, and the complexities of historic Palestine. They organize teach-ins, study apartheid, analyze the political economy of occupation, and explore Palestinian resistance.
    • University Clampdowns: Many university administrators have instituted disciplinary procedures against pro-Palestine solidarity and activism, banned student organizations, and intensified surveillance and crackdowns on protests.
      • Despite repression, student protests have proliferated, and peaceful encampments have spread to campuses across the country, challenging the complicity of universities in colonialism and imperialism.
    • Intersectional Solidarity: The movement is shaped by other social justice movements like Black Lives Matter and Standing Rock, highlighting connections between racialized police brutality, settler colonialism, and imperialism.
    • Resistance against Repression: Students risk suspensions and arrests to expose and disrupt the ideological and economic ties that bind universities to forces of genocide, inspired by struggles in historic Palestine.

    Significance and Impact of the Student’s Protest::

    • Raising Awareness: By organizing teach-ins and spreading information about the history of the Levant, colonialism, and racial violence, these protests can educate people and raise awareness about the plight of Palestinians and the broader issues of imperialism and colonialism.
    • Challenging normalization of Islamophobia and anti-Palestinian: By challenging the normalization of Islamophobia and anti-Palestinian racism, these protests can disrupt the status quo and push for a reevaluation of societal attitudes towards these issues.
    • Inspiring Solidarity: The intersectional nature of these protests, where movements like Black Lives Matter and Standing Rock are involved, can foster solidarity among different marginalized communities and strengthen the broader social justice movement.
    • International Impact: These protests, especially if they gain widespread attention and support, could influence international perceptions and policies towards the Israeli-Palestinian conflict, potentially leading to increased pressure on governments to take action towards a just resolution.

    Conclusion: University administrators should engage in open dialogue with protesting students to address their concerns and explore potential solutions. This could involve creating forums for discussion, establishing student-administrator committees, and actively listening to student perspectives.

  • [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)

  • [6 May 2024] The Hindu Op-ed: The PM’s speeches fall foul of the Model Code of Conduct

    Mains PYQ Relevance: 

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

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

    Prelims:
    We adopted parliamentary democracy based on the British model, but how does our model differ from that model?​ (UPSC IAS/2021)
    1. As regards legislation, the British Parliament is supreme or sovereign but in India, the power of the Parliament to legislate is limited.​
    2. In India, matters related to the constitutionality of the Amendment of an Act of Parliament are referred to the Constitution Bench by the Supreme Court.​
    Select the correct answer using the code given below.​
    (a) 1 only 
    (b) 2 only​
    (c) Both 1 and 2 ​
    (d) Neither 1 nor 2

    Note4Students: 

    Prelims: Model Code of Conduct (MCC);

    Mains: Issues around Elections and Parliamentary Representation;

    Mentor comments:The ongoing Lok Sabha elections spotlight manifesto deficiencies. The Prime Minister’s false claims against the Congress indicate a narrative lacking factual basis. The absence of a law governing manifestos and weak enforcement of electoral regulations contribute to the erosion of democratic principles and the malaise persists despite constitutional mandates.

    Let’s learn

    —

    Why in the News?

    The Prime Minister’s recent statement about the opposition’s intentions through their manifestos ( including gold and mangalsutra) has stirred controversy. Leaders must uphold factual accuracy and responsible discourse during this critical time.

    The contents of the two Manifestos

    • Congress Manifesto (‘Nyay Patra’):
      • Wealth Creation: The manifesto emphasizes rapid growth and wealth generation, setting a target of doubling the GDP in the next 10 years.
      • Welfare: Prioritizes the welfare of the poor as the first charge on government resources, aiming for a fair, just, and equal-opportunity economy under the Nav Sankalp Economic Policy.
      • Equity: Acknowledges the disparity among marginalized communities (SC, ST, OBC) and proposes a nation-wide Socio-Economic and Caste Census to strengthen affirmative action based on data.
    • Constitutional References:
      • Preamble: The manifesto echoes the principles of the Preamble of the Indian Constitution, aiming to secure justice, social, economic, and political; liberty of thought, expression, belief, faith, and worship; and equality of status and opportunity for all citizens.
      • Directive Principles of State Policy (Articles 39, 38, 46): Highlights the constitutional mandate for the state to ensure adequate means of livelihood, equitable distribution of resources, promotion of welfare, minimization of income inequalities, and promotion of educational and economic interests of weaker sections, especially Scheduled Castes and Scheduled Tribes.
    • BJP’s Manifesto:
      • Uniform Civil Code: Criticizes the BJP’s aggressive push for a uniform civil code, suggesting that the BJP’s actions contradict its own manifesto’s commitments to the principles of the Constitution.
      • Comparison with BJP’s Manifesto: Contrasts the BJP’s manifesto promises with those of the Congress, highlighting initiatives like free rations, health insurance, and housing provided by the BJP.
      • Accusation of Misguidance: Accuses the BJP of misguiding the nation by turning a serious document (the Congress manifesto) upside down.

    Major Challenge: No law to govern the Manifesto

    • S. Subramaniam Balaji v. Government of Tamil Nadu & Ors. (2013): Supreme Court highlighted the absence of legislation governing election manifestos. Consequently, the Court directed the Election Commission of India (ECI) to collaborate with political parties to formulate guidelines.
      • The ECI, following a meeting with political parties on August 12, 2013, issued ‘Instructions to political parties on manifestos’ on April 24, 2015. These guidelines, acknowledging that election manifesto promises are not considered corrupt practices under Section 123 of the Representation of the People Act, underscored the influence of freebies on voters and the importance of fair elections.
    • Violation of Model Code of Conduct (MCC): The Prime Minister’s statements against the opposition and minority communities are cited as violations of the MCC, particularly regarding the prohibition on appealing to caste or communal feelings for securing votes. This indicates a challenge in ensuring compliance with the MCC by political leaders and parties.
    • Corruption in Electoral Practices: The Supreme Court’s rulings identify speeches of a religious nature aimed at influencing voters as corrupt practices. However, the passage suggests that such appeals continue to occur, indicating a challenge in effectively combating corruption in electoral practices.
    • Weak Enforcement of Rule of Law: Despite regulations and legal provisions prohibiting certain activities during elections, such as appeals based on religion, caste, or community, there are challenges in enforcing these laws effectively. The passage criticizes the weak rule of law, indicating a broader challenge in ensuring adherence to electoral regulations and upholding democratic principles.
    • Composition and Functioning of the Election Commission of India (ECI): The passage suggests dissatisfaction with the ECI’s performance and its failure to ensure free and fair elections. This raises concerns about the composition and functioning of the ECI, indicating a challenge in maintaining the independence and effectiveness of electoral authorities.

    Way Forward:

    • Legislation on Manifestos: Introduce legislation to regulate election manifestos, outlining guidelines for their content, transparency, and accountability. This law can be based on the guidelines formulated by the ECI, ensuring that manifestos align with democratic principles and do not incite communal or divisive sentiments.
    • Strengthening the Model Code of Conduct (MCC): Enhance the MCC to include stricter provisions against appeals to caste, religion, or community for securing votes. Ensure that violations of the MCC are swiftly addressed and penalties are imposed on erring political parties or candidates.
    • Improved Enforcement Mechanisms: Strengthen enforcement mechanisms to ensure compliance with electoral laws and regulations. This may involve empowering the Election Commission with greater authority and resources to monitor election campaigns, investigate violations, and take prompt action against offenders.

  • 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.