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Subject: Polity

  • SC allows termination of pregnancy of minor rape survivor

    Why in the news? 

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

    Article 142

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

    Distinctive features of Article 142:

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

    Medical Termination of Pregnancy (MTP) Act 2020

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

    Conclusion: 

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

    Mains PYQ

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

  • Premium- Indian Federalism as a Mad Hatter’s Tea Party

    Why in the News? 

    In recent times, the Central government has exerted significant political and financial control over the regional states.

    What is Federalism?

    • Federalism is a system of government in which power is divided and shared between a central authority (usually a national government) and constituent political units (such as states or provinces). 
    • Both levels of government have their spheres of authority, and they coexist within the same political framework.

     

    Indian Federalism:

    • India opted for a federal form of government because of linguistic and regional diversity. It has dual objectives, to safeguard and promote the unity, and to accommodate regional diversity.
    • However, Indian Federalism has been described as quasi-federal since it contains major federation and union features (Article 1 says, “India that is ‘Bharat’, shall be the Union of the states”).
    • The central government has more authority, especially in fiscal matters (due to which it is sometimes called “asymmetrical federalism”).
    • Federalism is part of the basic structure which cannot be altered or destroyed under the constituent powers of the Parliament without undergoing judicial review by the Supreme Court.

    Federal Features

    Non-federal features

    The Present Political Federal Issues in India:

    • Centralization of Power: Certain propositions laid down in the Supreme Court’s judgment, have upheld the prospects of Federalism in India
      • For example, the abrogation of Article 370 concerning Jammu and Kashmir’s special status by the central government without adequate consultation with the state government was seen as a move towards the Centralization of power.
    • Reorganization of States: The provision under Article 3 of the Constitution states that the President shall refer the Bill for the reorganization of any State to the legislature of the State concerned to elicit its opinion. 
      • The recent SC’s verdict that dismissed the challenges to the abrogation of Article 370 led to a serious undermining of federalism and the rights of the elected State legislatures.
    • Lack of clarity in Division of Powers: Although the subjects are enlisted in the Seventh Schedule and Emergency Provisions of the Constitution, the distribution of power between the Central government and the states lacks clarity and equity. 
      • For example, internal security assumes utmost importance with the Maoist challenge and cross-border terrorism, which threaten all the states across the country.
      • The Constitution does not refer either to ‘security’ or ‘internal security’ anywhere. However, it mentions five related terms namely ‘pubic order’ (List II, Entry 2), ‘war’ (Article 352), ‘external aggression’ (Article 352), ‘armed rebellion’ (Article 352), and ‘internal disturbance’ (Article 355).
      • Further, the imposition of President’s Rule in states under Article 356 has been recently criticized for being used arbitrarily by the central government.
    • Unequal Representation in Rajya Sabha: The representation of states in Parliament and other federal institutions does not accurately reflect their population, size, or contributions. Some states are over-represented while others are under-represented.
      • For example, the allocation of 80 Lok Sabha seats to Uttar Pradesh and only one to Sikkim results in unequal representation, impacting resource distribution and decision-making.
    • Simultaneous Elections: Measures discussed and recommended like the “One Nation One Election” undermined India’s federal structure and conflated the different priorities voters had for National, State, and “Panchayati raj” institutions, degrading each one’s different sphere of responsibility. 

    The Present Fiscal Federal issues in India:

    • Fiscal Divisible Pool: The states often face financial constraints due to their dependence on the central government for funds. The unequal distribution of resources can exacerbate disparities among states. 
      • For example, states like Bihar and Uttar Pradesh receive more funds from the central government under various schemes. However, recently the Kerala government faced serious financial crunches due to a lack of funds.
    • Implementation of Goods and Services Tax (GST): GST’s implementation has raised issues related to fiscal autonomy. States have voiced concerns about the loss of their taxation powers and uncertainties regarding compensation from the central government for revenue losses.

    Bodies related to the Federal System in India:

    • The Inter-State Council: It was constituted under Article 263 of the Constitution, and serves as a constitutional entity aimed at fostering coordination and collaboration between the Central government and the states regarding shared interests and issues of significance.  
    • The Finance Commission: It is a Constitutional Body established under Article 280 of the Constitution to recommend the distribution of revenues between the Centre and the states.
    • The NITI Aayog: Established in 2015 to replace the Planning Commission. It fosters cooperative federalism by involving states in policy formulation and implementation.

    Committee Recommendation:

    • Sarkaria Commission (1983):
        • Balanced Distribution of Powers: Recommended a balanced distribution of powers between the central government and states, ensuring that each level of government has adequate authority to perform its functions.
        • Cooperative Federalism: Emphasized the need for cooperative federalism, where the central and state governments work together in the spirit of partnership and collaboration.
    • Punchhi Commission (2007):
      • Strengthening Inter-State Council: Recommended strengthening the Inter-State Council, an institution tasked with promoting cooperation among states and between the center and states.
      • Revisiting Center-State Relations: Suggested revisiting and updating the provisions related to center-state relations to address contemporary challenges and promote cooperative federalism.

     

    Way Forward: The Centre cannot afford to ignore the importance of states to effectively respond to the Federal issues:

    • Empowerment of State Governments: Strengthen the powers and autonomy of state governments in decision-making processes, allowing them greater authority over issues within their jurisdiction, and revenue management is necessary.
    • Promoting Co-operative Federalism: Enhance the effectiveness of the Inter-State Council as a forum for dialogue and cooperation between the Centre and states on matters of common interest, ensuring meaningful participation of state leaders in decision-making processes.
    • Need a Balanced Approach: First, the government needs to review and make necessary amendments to clarify the distribution of powers, ensuring a more balanced and transparent framework for political governance.  Second, implement a balanced system of grants where states with weaker fiscal capacities receive adequate support to address developmental disparities.
    • Bringing Clarity: Clearly define revenue-sharing boundaries and internal security mechanisms between the Centre and states to ensure equitable distribution of resources.

    Prelims PYQ 

    Q) Which one of the following is not a feature of Indian federalism? (UPSC IAS/2017)

    1. a) There is an independent judiciary in India.
    2. b) Powers have been clearly divided between the Centre and the States.
    3. c) The federating units have been given unequal representation in the Rajya Sabha.
    4. d) It is the result of an agreement among the federating units.

     

    Q) Consider the following statements: (UPSC IAS/2020)

    1) The Consititution of India defines its ‘basic structure’ in terms of federalism, secularism, fundamental rights and democracy.

    2) The Constitution of India provides for ‘judical review to safeguard the citizens’ liberties and to preserve the ideals on which the Constitution is based.

    Which of the Statement given above is/are correct?

    1. a) 1 only
    2. b) 2 only
    3. c) Both 1 and 2
    4. d) Neither 1 nor 2

    Mains PYQ 

    Q1 How far do you think cooperation, competition and confrontation have shaped the nature of federation in India? Cite some recent examples to validate your answer. (UPSC IAS/2020) 

    Q2 The concept of cooperative federalism has been increasingly emphasised in recent years. Highlight the drawbacks in the existing structure and the extent to which cooperative federalism would answer the shortcomings.

  • [pib] Competition Commission of India (CCI)  

    Why in the news?

    The Competition Commission of India (CCI) invites proposals for conducting a Market Study on Artificial Intelligence (AI) and its impact on competition.

    About Competition Commission of India (CCI)

    • The CCI is a statutory body established under the Competition Act, 2002 by the Vajpayee government.
    • It aims to promote and sustain competition, protect consumer interests, and ensure freedom of trade.
    • The commission operates as a quasi-judicial body, providing opinions to statutory authorities and adjudicating cases.
    • Evolution of CCI:
      • Established in response to the need for promoting competition and private enterprise, especially after India’s economic liberalization in 1991.
      • Replaced the Monopolies and Restrictive Trade Practices Act, 1969 (MRTP Act) based on recommendations from the Raghavan Committee.

    Key Features of the Competition Act:

    • Passed in 2002 and subsequently amended to align with modern competition laws.
    • Prohibits anti-competitive agreements, abuse of dominant position, and regulates combinations causing adverse effects on competition.
    • Established the Competition Commission of India and the Competition Appellate Tribunal.
    • The National Company Law Appellate Tribunal (NCLAT) replaced the Competition Appellate Tribunal (COMPAT) in 2017.

    Composition of CCI:

    • CCI comprises a Chairperson and 6 Members appointed by the Central Government.
    • Members must possess significant expertise in various domains such as law, economics, finance, and management or qualified to be a judge of a High Court.

    Key Functions of CCI:

    1. Regulating Mergers and Acquisitions:
    • Ensuring mergers and acquisitions do not harm competition in the market.
    • Preventing monopolistic practices and promoting fair competition.
    1. Investigating Anti-Competitive Practices:
    • Probing into cartels, collusive behavior, and abuse of dominant market positions.
    • Taking action against entities engaging in anti-competitive practices.
    1. Market Studies and Research:
    • Conducting studies to assess market dynamics and competition levels.
    • Identifying trends and issues affecting competition in various sectors.
    1. Handling Complaints:
    • Addressing complaints filed by individuals or businesses regarding anti-competitive behavior.
    • Initiating investigations based on credible complaints received.
    1. Adjudication and Penalty Imposition:
    • Adjudicating cases related to competition law violations.
    • Imposing penalties on entities found guilty of breaching competition regulations.

    PYQ:

    [2015] The Government of India has established NITI Aayog to replace the:

    (a) Human Rights Commission

    (b) Finance Commission

    (c) Law Commission

    (d) Planning Commission

  • Shompen PVTGs cast their vote for the First Time

    Why in the news?

    For the first time in Andaman and Nicobar Islands, 7 members of the Shompen tribe, a particularly vulnerable tribal groups (PVTGs) of Great Nicobar Islands exercised their voting rights for the lone Lok Sabha seat in the union territory.

    Other two primitive tribes like Onge and Great Andamanese (both PVTGs) too exercised their voting rights like in 2019 Lok Sabha election but seven Shompen did it for the first time out of 98 Shompen voters.

    About Shompen Tribe:

    • The Shompen tribe primarily inhabits the remote interior regions of Great Nicobar Island, the southernmost island in the Andaman and Nicobar archipelago.
    • Their estimated population was 229 as per the 2011 Census data.

    • Their cultural practices include traditional hunting, fishing, and gathering forest resources.
    • Pandanus (a tropical plant found in the islands), whose fruits resemble the woody pineapple, is the staple food of the Shompens.
    • What makes the Shompens distinct from the four other PVTGs of Andaman and Nicobar Islands — Jarawas, Great Andamanese, Onges and Sentinelese — is that they are the only tribe in the region with Mongoloid features. The other PVTGs have Negroid features.

    Society and Culture

    • The Shompen people have their own distinct culture and language, which belongs to the Austroasiatic language family. 
    • Marriage by capturing women from different groups and sub-groups is one of the customs of the Shompen society (as per the Anthropological Survey of India).
    • They practice a hunter-gatherer subsistence economy.

    Who are the Particularly Vulnerable Tribal Groups (PVTGs)?

    • These groups are among the most vulnerable section of our society as they are few in numbers, have not attained any significant level of social and economic development.
    • They generally inhabit remote localities having poor infrastructure and administrative support.
    • 75 such groups have been identified and categorized as Particularly Vulnerable Tribal Groups (PVTGs).

    Origin of the concept

    • The Dhebar Commission (1960-1961) stated that within Scheduled Tribes there existed an inequality in the rate of development.
    • During the fourth Five Year Plan (1969-74) a sub-category was created within Scheduled Tribes to identify groups that considered to be at a lower level of development.
    • This sub-category was named “Primitive tribal group”.
    • In 2006 the government of India proposed to rename as PVTGs.

    Features of PVTGs

    • The features of such a group include a:
    1. Pre-agricultural system of existence
    2. Practice of hunting and gathering
    3. Zero or negative population growth
    4. Extremely low level of literacy in comparison with other tribal groups
    • Groups that satisfied any one of the criterion were considered as PTG.

     

    PYQ:

    [2019] Consider the following statements about Particularly Vulnerable Tribal Groups (PVTGs) in India:

    1. PVTGs reside in 18 States and one Union Territory.
    2. A stagnant or declining population is one of the criteria for determining PVTG status.
    3. There are 95 PVTGs officially notified in the country so far.
    4. Irular and Konda Reddi tribes are included in the list of PVTGs.

    Which of the statements given above are correct?

    (a) 1, 2 and 3

    (b) 2, 3 and 4

    (c) 1, 2 and 4

    (d) 1, 3 and 4

  • The limitations of Ambedkarite Dalit politics today

    Why in the news?

    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)

  • [17 April 2024] The Hindu Op-ed: A referendum on India’s future

    Mains PYQ Relevance: 

    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.

  • Reforms needed in the voting process | Explained

    Why in the news? 

    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?

  • Easement Rights and Recent Supreme Court Ruling

    Why in the news?

    • 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?

    (a) Legal right available to citizens only.

    (b) Legal right available to Persons only.

    (c) Fundamental Right available to citizens only

    (d) Neither Fundamental Right nor Legal Right

  • Adjudication Process under the Prevention of Money Laundering Act (PMLA)

    Why in the news?

    • 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.
    • The Enforcement Directorate (ED) had provisionally attached these properties in PMLA case.

    About Prevention of Money Laundering Act (PMLA), 2002

    Details
    Precursor Enacted to fulfill India’s global commitments to combat money laundering, aligning with international conventions such as:

    1. UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic; Substances 1988;
    2. Basle Statement of Principles, 1989;
    3. Financial Action Task Force’s Forty Recommendations, 1990;
    4. 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
    1. Directorate of Enforcement (ED) enforces PMLA provisions and investigates money laundering cases.
    2. 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.
    1. Role of the Adjudicating Authority:
    • The Adjudicating Authority, appointed by the central government, reviews the attachment orders 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.
    1. 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.
    1. 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.

    Which of the statements given above are correct?

    (a) 1 and 3 only

    (b) 2, 3 and 4 only

    (c) 2 and 4 only

    (d) 1, 2, 3, and 4

  • Is Transparency lacking in Candidate Disclosure?

    Why in the news? 

    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.