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Subject: Polity

  • In news: Mayor’s Election

    mayor
    PC: Hindustan Times

    Introduction

    • The Supreme Court has nullified the outcome of the mayoral election held on January 30 in Chandigarh.

    Who is a Mayor?

    • In India, the mayor is the head of an urban local body, which is responsible for providing essential services and infrastructure to the residents of a city or town.
    • The mayor is usually elected by the members of the Municipal Corporation or Council.
    • He/She serves as the ceremonial head of the local government.

    History of Mayor’s elections in India

    • Municipal corporation mechanisms in India was introduced during British Rule with formation of municipal corporation in Madras (Chennai) in 1688, later followed by municipal corporations in Bombay (Mumbai) and Calcutta (Kolkata) by 1762.
    • However the process of introduction for an elected President in the municipalities was made in Lord Mayo’s Resolution of 1870.
    • Since then the current form and structure of municipal bodies followed is similar to Lord Ripon’s Resolution adopted in 1882 on local self-governance.
    • The 74th Constitutional Amendment Act of 1992 was introduced providing for the transfer of 18 different powers to urban local bodies, including the election of a mayor and to recognise them which included Municipal Corporations, Nagar Panchayats, and Municipal Councils.

    Elections and tenure

    • The method of electing mayor and their tenure varies for each city in India.
    • In Bengaluru (Karnataka) the election process is indirect with a tenure being for one year.
    • In Mumbai (Maharashtra) it follows indirect elections with tenure for 2.5 years and Bhopal (Madhya Pradesh) follows a directly elected mayor with a term for 5 years.

    Roles and Responsibilities

    • Governs the local civic body.
    • Fixed tenure varying in different towns.
    • First citizen of city.
    • Has two varied roles:
    1. Representation and upholding of the dignity of the city during ceremonial times and
    2. Presiding over discussions of the civic house with elected representatives in functional capacity.
    • The Mayor’s role is confined to the corporation hall of presiding authority at various meetings relating to corporation.
    • The Mayor’s role extends much beyond the local city and country as the presiding authority at corporation meetings during visits of a foreign dignitary to the city as he is invited by the state government to receive and represent the citizens to the guest of honour.
    • At government, civic and other social functions he is given prominence.

  • The real threat to the ‘India as we know it’

    Nehru Democracy Fellowship (NDF)

    Central Idea:

    The article by M.K. Narayanan highlights the concerning decline in parliamentary practices and the polarization of Indian politics, particularly in the lead-up to the general election. It discusses the divisive nature of recent parliamentary sessions, the erosion of democratic principles, and the growing rift between the ruling party and the opposition. Narayanan emphasizes the need for adherence to constitutional mandates, the preservation of federalism, and the importance of managing differences within a rules-based order to safeguard India’s democracy.

    Key Highlights:

    • The final parliamentary session before the general election was marked by divisiveness and acrimony between the ruling party and the opposition.
    • Narayanan underscores India’s historical commitment to democracy and parliamentary practices, citing the Constitution’s provisions for Fundamental Rights, Fundamental Duties, and Directive Principles of State Policy.
    • Despite external stability, internal challenges persist, including potential flashpoints like the farmers’ agitation in Punjab and Haryana and unrest in the northeast.
    • The article reflects on the heightened polarization in Indian politics, with the Prime Minister accusing the opposition of divisive tactics and vice versa.
    • Issues such as the construction of the Ram Temple in Ayodhya and attempts to enforce an Uniform Civil Code have become politicized, further exacerbating divisions.
    • The erosion of federalism is noted, with the ruling party accused of centralizing power and undermining regional parties.
    • Engineered defections to the ruling party raise concerns about the integrity of the electoral process and democratic principles.
    • The role of Governors in opposition-ruled states is contentious, with accusations of central interference leading to strained Centre-State relations.

    Key Challenges:

    • Divisiveness and acrimony in parliamentary sessions.
    • Polarization and politicization of issues.
    • Erosion of federalism and centralization of power.
    • Engineered defections undermining democratic principles.
    • Tensions between Centre and opposition-ruled states.
    • Threats to constitutional mandates and democratic norms.

    Main Terms and key words for answer writing:

    • Parliamentary democracy
    • Federalism
    • Polarization
    • Divisiveness
    • Constitution
    • Centre-State relations
    • Electoral integrity
    • Democratic principles
    • Rule of law
    • Defections

    Important Phrases for answer quality enrichment:

    • “Divided nation”
    • “Engineered defections”
    • “Polarized politics”
    • “Centralization of power”
    • “Constitutional niceties”
    • “Rules-based order”
    • “Centre-State relations”
    • “Erosion of democratic norms”

    Quotes:

    • “The unseemly spectacle has given rise to concerns about the future of parliamentary democracy in the country.”
    • “The country today appears more divided than it has at any time in the recent past.”
    • “The absence of a rules-based order… could overturn the system altogether.”
    • “Tolerating differences is the first order of priority.”
    • “Everything has to be subordinated to the requirements of the Constitution.”

    Useful Statements:

    • “The erosion of democratic principles undermines the foundation of our parliamentary democracy.”
    • “The politicization of issues further exacerbates divisions and hampers constructive dialogue.”
    • “Adherence to constitutional mandates is essential to preserve the integrity of our democratic institutions.”
    • “The centralization of power at the expense of federalism threatens the balance of governance.”
    • “The integrity of the electoral process must be upheld to ensure the legitimacy of democratic outcomes.”

    Examples and References:

    • The farmers’ agitation in Punjab and Haryana.
    • Tensions between the Centre and opposition-ruled states.
    • Instances of engineered defections to the ruling party.
    • Accusations of central interference in the functioning of opposition-ruled states.
    • Passage of resolutions in Parliament on contentious issues like the Ram Temple in Ayodhya.

    Facts and Data:

    • India’s historical commitment to democracy and adherence to constitutional principles.
    • Instances of engineered defections and accusations of central interference in opposition-ruled states.
    • Polarization and acrimony observed in parliamentary sessions leading up to the general election.

    Critical Analysis:

    The article provides a critical analysis of the state of Indian democracy, highlighting the erosion of parliamentary practices, growing polarization, and challenges to federalism. It underscores the need for adherence to constitutional mandates, the preservation of democratic norms, and the importance of constructive dialogue to address contentious issues. The article raises concerns about the integrity of the electoral process and the erosion of democratic principles, calling for urgent action to safeguard India’s democracy.

    Way Forward:

    • Uphold constitutional mandates and democratic principles.
    • Foster constructive dialogue and mutual respect between political parties.
    • Safeguard federalism and decentralize power to promote inclusivity and diversity.
    • Ensure the integrity of the electoral process and prevent engineered defections.
    • Prioritize the national interest over partisan politics and work towards consensus-building on key issues.

    Overall, the article underscores the importance of upholding democratic values and institutions to ensure the continued stability and prosperity of India’s democracy.

  • Judicial clarity on free speech

    Kunal Kamra held Arnab Goswami to account. What's with the outrage?

    Central Idea:

    Justice Gautam Patel’s landmark decision on the Kunal Kamra’s case underscores the critical importance of upholding the constitutional right to free speech, particularly in the realm of social media. The decision highlights the inherent dangers of arbitrary censorship and the need for clear, reasonable restrictions in line with constitutional principles.

    Key Highlights:

    • Upholding Free Speech: The decision reaffirms the sacrosanct nature of the constitutional guarantee of free speech, emphasizing its protection against undue state encroachment.
    • Rejection of Arbitrary Censorship: Justice Patel condemns the amended Rule 3(1)(b)(v) of the IT Rules 2021 as vague and overbroad, posing a threat to critical discourse and debate.
    • Constitutional Principles: The judgment invokes Article 19 and Article 14 of the Constitution, arguing that the amended rule infringes upon fundamental rights and lacks reasonable standards.
    • Importance of Judicial Review: The decision underscores the role of judicial review in curbing potential abuses of power by government entities, particularly in safeguarding democratic principles.
    • Recognition of Digital Regulation: While acknowledging the need to combat misinformation, the judgment insists on the importance of balanced regulation that respects free speech rights.

    Key Challenges:

    • Interpretation of Constitutional Rights: Balancing free speech with the need for regulation presents a challenge in defining clear and reasonable restrictions.
    • Enforcement and Compliance: Ensuring compliance with constitutional principles and judicial decisions poses challenges in a dynamic digital landscape.
    • Government Response: The government’s response to judicial decisions and its commitment to upholding constitutional principles may vary, influencing the effectiveness of legal interventions.

    Main Terms or key terms for answer writing:

    • Free Speech
    • Constitutional Guarantee
    • Social Media Regulation
    • Arbitrary Censorship
    • Judicial Review
    • Fundamental Rights
    • Digital Platforms
    • Misinformation
    • Democratic Principles

    Important Phrases for good marks in mains:

    • “The sacrosanctity of the inviolate constitutional guarantee of free speech”
    • “Vague and overbroad”
    • “The imperative of combatting fakery and misinformation”
    • “A bulwark against the excesses of majoritarian assemblies”
    • “Agents of injustice”
    • “Inter-institutional comity”

    Quotes that you can use in essay for value addition:

    • “The cacophony of dissent and disagreement is the symphony of a democracy at work.”
    • “Falsehood flies, and truth comes limping after it.”
    • “The will of the State is subject to scrutiny by those affected by the exercise of State power.”
    • “Democratic power is a trust held upon conditions.”

    Useful Statements for value addition:

    • “The decision reaffirms the constitutional conscience and rejects the potential for wanton abuse of power.”
    • “Fear-instilled stillness ill serves the case of a vibrant democracy.”
    • “A law that permits its enforcers to become agents of injustice cannot be countenanced in a constitutional democracy.”

    Examples and References:

    Facts and Data for value addition and credibility to your arguments:

    • Mention of the amended Rule 3(1)(b)(v) of the IT Rules 2021.
    • Reference to Justice Patel’s decision on the Kunal Kamra’s case, dated 31st January.

    Critical Analysis:

    Justice Patel’s decision serves as a significant safeguard against potential abuses of power and underscores the importance of upholding free speech in the digital age. By rejecting arbitrary censorship and emphasizing the need for clear, reasonable restrictions, the judgment sets a crucial precedent for protecting democratic principles.

    Way Forward:

    • Ensure compliance with constitutional principles in regulating digital platforms.
    • Encourage balanced regulation that combats misinformation while respecting free speech rights.
    • Foster inter-institutional comity by heeding judicial decisions and promoting democratic accountability.

    By adhering to these principles, policymakers can navigate the complexities of digital regulation while upholding fundamental rights and democratic values.

    Improve your answer writing with us and crack the mains 

    Try to attempt following question and write the answer in comment box below

    1. How does Justice Patel’s decision in the Kunal Kamra’s case uphold the constitutional right to free speech?
    2. What are the key challenges in balancing free speech with the need for regulation, as highlighted in the judgment?
    3. How does the judgment emphasize the importance of judicial review in safeguarding democratic principles in the digital age?

  • Call for imposing Financial Emergency in Kerala

    In the news

    • The Supreme Court proceeded with hearing a suit filed by the State of Kerala against the Centre for alleged arbitrary interference in its financial matters, following unsuccessful negotiations between the two parties.
    • Earlier, Kerala Governor sought for the Presidential imposition of a financial emergency in the State under Article 360(1) of the Constitution due to dwindling situation of finances in the State.

    What is Financial Emergency?

    • Enshrined in Article 360: It is a vital provision aimed at addressing severe financial crises threatening India’s economic stability.
    • Declaration and Authority: It can be declared by the President upon satisfaction that the financial stability or credit of India or any part of its territory is under threat.
    • CoM Advice: The declaration is made based on the advice of the Council of Ministers, reflecting the collective responsibility of the executive branch.

    Legislative Approval

    • While the President can proclaim a Financial Emergency, its extension beyond two months needs approval from both Houses of Parliament.
    • Once approved, it remains in effect until revoked by the President, allowing for flexible management of financial crises.

    Effects and Implications

    • The Centre’s executive authority expands significantly during a Financial Emergency, enabling it to issue directives to states on financial matters.
    • Centralization of fiscal policies occurs, with the President empowered to reserve money bills passed by state legislatures for consideration.
    • Austerity measures, including salary and allowance reductions for public officials, can be implemented to address economic challenges.

    Judicial Review and Criticism

    • 38th Amendment Act (1975) made the President’s decision final and immune from judicial review.
    • However, the 44th Amendment Act (1978) allowed for judicial scrutiny.
    • This amendment ensured checks and balances within the constitutional framework, preventing unchecked executive authority.

    Historical Context and Usage

    • Financial Emergencies have been sparingly invoked in India’s history, despite facing significant financial crises such as in 1991.
    • The cautious utilization of this provision underscores the importance of aligning its implementation with democratic principles and federalism.

    Conclusion

    • The Supreme Court’s intervention in the Kerala-Centre financial dispute underscores the importance of cooperative federalism in addressing intergovernmental conflicts.
    • The forthcoming hearings aim to reconcile differences and ensure the equitable distribution of resources, fostering harmonious relations between the Centre and states.

  • Supreme Court Strikes Down Electoral Bonds Scheme

    electoral bond

    Introduction

    • The Supreme Court delivered a groundbreaking unanimous judgment, deeming the electoral bonds scheme “unconstitutional and manifestly arbitrary.”
    • Led by Chief Justice of India (CJI) DY Chandrachud, a five-judge Constitution Bench unanimously struck down the scheme, citing infringement on voters’ right to information and disproportionate restrictions.

    ebs

    Key Reasons for Striking Down Electoral Bonds Scheme

    [A] Violation of Right to Information (RTI)

    • Petitioners argued that the scheme violates Right to Information under Article 19(1)(a) of the Constitution, emphasizing voters’ right to information regarding political party funding.
    • Despite the government’s stance that citizens lack a “right to know” about political contributions, the court upheld voters’ right to such information, citing the inherent connection between money and politics.
    • The court highlighted the “deep association” between money and politics, stressing the need for transparency to prevent quid pro quo arrangements.

    [B] Disproportionate Restrictions:

    • The scheme’s anonymity for donors, aimed at curbing black money, was deemed disproportionate to its goal.
    • Advocates highlighted potential loopholes allowing for cash donations, undermining its efficacy in combating black money.
    • The court emphasized the availability of alternative, less restrictive measures to achieve the scheme’s objectives, such as Section 29C of the Representation of People Act, 1951.

    [C] Privacy vs. Public Interest:

    • While the government argued for donor anonymity to protect privacy rights, advocates stressed the importance of public scrutiny in political funding.
    • The court clarified that donor privacy extends only to genuine forms of public support, rejecting absolute anonymity facilitated by the scheme.

    [D] Unlimited Corporate Contributions:

    • Advocates underscored the adverse impact of unlimited corporate contributions on free and fair elections.
    • The court reinstated the cap on political contributions from companies, citing the need to prevent undue corporate influence in politics.
    • It noted concerns that unlimited contributions could incentivize quid pro quo arrangements, especially by loss-making companies.

    Impact on Key Legal Amendments

    • Representation of the People Act, 1951: The court struck down amendments exempting political parties from disclosing donations above Rs. 20,000, reinforcing the balance between voters’ right to information and donor privacy. (Section 29C)
    • Companies Act, 2013: Amendments allowing unlimited corporate contributions were overturned, restoring the cap on political donations by companies and preserving electoral integrity. (Section 182)
    • Income-tax Act, 1961: Exemptions for political parties to maintain records of donations received via electoral bonds were annulled, safeguarding voters’ right to information. (Section 13A)

    Application of Proportionality Test

    [A] Definition:

    • The proportionality test assesses the balance between competing fundamental rights or interests and the measures taken by the state to achieve its objectives.
    • It involves four criteria: legality, necessity, proportionality in the strict sense, and balancing of interests.

    [B] Government’s Arguments:

    • The government defended the scheme, citing legitimate aims such as tackling black money and protecting donor anonymity.
    • Solicitor General Tushar Mehta argued that the right to information does not extend to information not in the state’s possession.

    [C] Court’s Analysis:

    • Applying the proportionality test, the court scrutinized the balance between competing fundamental rights, emphasizing the necessity of the “least restrictive” methods.
    • It underscored the importance of less intrusive alternatives, such as the electoral trusts scheme, in achieving the scheme’s objectives.

    Why is this a Landmark case?

    • Burden of Proof: The court held that the state must demonstrate that its measures are the “least restrictive” and that no other “equally effective” methods exist to achieve its objectives.
    • Balancing Competing Rights: Unlike previous approaches prioritizing public interest over individual rights, the court’s focus is on balancing competing fundamental rights.
    • Structured Proportionality Test: The verdict applies a structured proportionality test, requiring the state to demonstrate that its actions restricting fundamental rights are proportional to its objectives.
    • Application of Legal Precedents: While the right-to-privacy ruling laid down the law, subsequent cases like Aadhaar (2018) and Demonetization (2023) applied the structured proportionality test. The electoral bonds verdict represents a significant departure in this regard.

    Conclusion

    • The Supreme Court’s verdict reaffirms its commitment to upholding constitutional principles and safeguarding democratic processes.
    • By striking down the electoral bonds scheme and reinstating key legal provisions, the court emphasizes the primacy of transparency and accountability in electoral financing.

  • An intervention that will help strengthen legal education

    The present scenario of legal education in India - iPleaders

    Central Idea:

    The article discusses the recent recommendations made by the Parliamentary Standing Committee on Personnel, Public Grievances, Law, and Justice to enhance the quality of legal education in India. It highlights the need for a new regulatory body, the National Council for Legal Education and Research (NCLER), to oversee post-graduation level education, prioritize research in law schools, and address the challenges hindering the excellence of legal education in the country.

    Key Highlights:

    • Recommendations for Regulatory Reform: The committee proposes limiting the Bar Council of India’s (BCI) role in legal education regulation and establishing the NCLER to set qualitative benchmarks for post-graduation level education.
    • Emphasis on Research: Recognizing the deficiency in research focus among Indian law schools, the committee stresses the importance of promoting research to improve teaching outcomes and cultivate critical thinking skills among students.
    • Global Perspective: Acknowledging the impact of globalization on legal education, the committee suggests incorporating global curriculum, international exchange programs, and more international law courses to prepare students for a globalizing world.
    • Call for Strong Leadership and Academic Freedom: The article emphasizes the necessity for passionate and visionary academic leaders in law faculties and universities to foster a supportive environment for faculty and promote academic freedom.

    Key Challenges:

    • Lack of Leadership: The absence of effective leadership in law faculties and universities impedes efforts to achieve excellence in legal education.
    • Insufficient Research Focus: Many law schools in India prioritize teaching over research, resulting in a scarcity of indigenous legal knowledge and reliance on Western legal literature.
    • Resistance to Change: Implementing reforms in legal education requires a shift in mindset among stakeholders and a commitment to prioritize higher education.

    Main Terms or key quotes:

    • National Council for Legal Education and Research (NCLER)
    • Bar Council of India (BCI)
    • Globalization
    • Academic Freedom

    Important Phrases for mains answer enrichment:

    • “Sea of institutionalized mediocrity”
    • “Consumer of legal knowledge generated in the West”
    • “Augmenting the research ecosystem”
    • “Complete academic freedom and autonomy”

    Quotes for quality essay:

    • Albert Einstein: “The value of a college education is not the learning of many facts but the training of the mind to think.”
    • Jawaharlal Nehru: “A university stands for humanism, for tolerance, for reason, for the adventure of ideas and for the search of truth.”

    Useful Statements:

    • “Legal education in India needs regulatory reform to address its current shortcomings and enhance its quality.”
    • “Promoting research is crucial to improving teaching outcomes and fostering critical thinking skills among students.”
    • “Effective leadership and academic freedom are essential for driving meaningful change in legal education.”

    Examples and References:

    • National Law School of India University and Jindal Global Law School are among the few Indian law schools ranked in the top 250 globally.
    • Out of over 800 law journals indexed in Scopus, only a handful are from India, indicating the low level of research output from Indian law schools.

    Facts and Data:

    • India has over 1,700 law schools, but only a few have achieved excellence in legal education.
    • Legal education in India has historically lagged behind fields like medicine and engineering in terms of priority and investment.

    Critical Analysis:

    The article aptly highlights the systemic challenges plaguing legal education in India and the urgent need for reform. It identifies regulatory deficiencies, research gaps, and leadership issues as key barriers to achieving excellence. However, it fails to delve deeply into the specific strategies or mechanisms required to address these challenges.

    Way Forward:

    • Implement the recommendations of the Parliamentary Standing Committee to establish the NCLER and redefine the role of the BCI.
    • Invest in promoting research culture in law schools through funding, infrastructure, and academic support.
    • Encourage academic leadership that fosters a culture of innovation, excellence, and academic freedom.
    • Foster collaboration between law schools, industry, and international institutions to enhance curriculum relevance and global exposure for students.

    In conclusion, while the recommendations put forth by the committee represent a step in the right direction, concerted efforts from all stakeholders are necessary to bring about meaningful change and elevate the quality of legal education in India.

  • Places of worship and an unsettling judicial silence

    Supreme Court to hear Ram Janmabhoomi-Babri Masjid title dispute on January 4 | India News - The Indian Express

    Central Idea:

    The article discusses the aftermath of the Supreme Court verdict on the Babri Masjid case in November 2019 and its implications on the Places of Worship (Special Provisions) Act, 1991. It highlights the challenges posed by the resurgence of petitions targeting mosques like the Gyanvapi Masjid in Varanasi and the Shahi Idgah in Mathura, and the subsequent debates on the Act’s validity and applicability. It emphasizes the need for the Supreme Court to intervene to protect the integrity of the Act and prevent its politicization.

    Key Highlights:

    • Supreme Court’s verdict on the Babri Masjid case in November 2019 praised the Places of Worship Act, 1991 for preserving the religious character of places of worship as of August 15, 1947.
    • Hindutva forces initiated petitions targeting mosques in Mathura, Varanasi, and other places, challenging their status and calling for their liberation.
    • Despite lack of concrete evidence, petitions against mosques were admitted in various district courts, signaling a deliberate challenge to the Places of Worship Act.
    • The Supreme Court’s silence on the increasing challenges to the Act raised concerns about its integrity and enforcement.
    • The court’s decision to hear petitions against the Act itself and the Union government’s delays in specifying its stance raised doubts about the Act’s future.

    Key Challenges:

    • Increasing petitions challenging the status of mosques threaten communal harmony and challenge the secular principles enshrined in the Indian Constitution.
    • The politicization of the issue, with petitions being used as a tool to further certain political narratives, adds complexity to the debate.
    • Delays in the Supreme Court’s intervention and the government’s ambiguity on the Act’s status create uncertainty and erode public trust in the legal system.
    • Historical grievances and communal tensions fuel the resurgence of demands for the reclamation of religious sites.

    Main Terms or key words:

    • Places of Worship (Special Provisions) Act, 1991: Legislation preserving the religious character of places of worship as of August 15, 1947, and prohibiting their conversion.
    • Hindutva: Ideology promoting Hindu nationalism.
    • Communal Harmony: Peaceful coexistence and cooperation among different religious communities.
    • Secularism: Principle of separating religion from state affairs and ensuring equal treatment of all religions.
    • Petitions: Formal requests submitted to a court seeking legal action or remedy.

    Important Phrases for mains value addition:

    • “Non-retrogression as an essential feature of our secular values.”
    • “Challenges to the Act amount to a breach of public trust.”
    • “The politicization of petitions serves certain political narratives.”
    • “The silence of the top court is unsettling.”

    Quotes for quality enrichment of mains answers:

    • “The Places of Worship Act imposes a non-derogable obligation towards enforcing our commitment to secularism under the Indian Constitution.”
    • “Similarly minded people are as little likely to be deterred by the provisions of the Places of Worship (Special Provisions) Act 1991.”
    • “The ascertainment of the religious character of a place as a procedural instrument may not necessarily fall foul of the provisions of sections 3 and 4 of the Act of 1991.”

    Anecdotes:

    • The order of a district court in Uttar Pradesh in 1986 kick-started events leading to the destruction of the Babri Masjid, illustrating the significance of legal decisions regarding places of worship.

    Useful Statements:

    • The resurgence of demands for the reclamation of religious sites threatens communal harmony and challenges secular principles.
    • The Supreme Court’s intervention is crucial to uphold the integrity of the Places of Worship Act and prevent its politicization.

    Examples and References:

    • Petitions targeting mosques in Mathura, Varanasi, and other places highlight the growing challenges to the Places of Worship Act.
    • The Babri Masjid-Ramjanambhoomi agitation and slogans like “Ayodhya to jhanki hai, Kashi, Mathura baqi hai” demonstrate historical grievances and communal tensions.

    Facts and Data:

    • The Places of Worship Act, 1991, preserves the religious character of places of worship as of August 15, 1947.
    • The Supreme Court admitted petitions challenging the Act’s validity and the government’s delays in specifying its stance.

    Critical Analysis:

    The article provides a comprehensive overview of the challenges posed by petitions targeting mosques and questioning the Places of Worship Act, 1991. It emphasizes the importance of preserving communal harmony and secular principles while addressing historical grievances. However, it also highlights the politicization of the issue and the need for timely intervention by the Supreme Court to prevent further escalation.

    Way Forward:

    • The Supreme Court should actively intervene to uphold the integrity of the Places of Worship Act and prevent its politicization.
    • Political leaders and stakeholders should prioritize communal harmony and refrain from using religious sentiments for political gain.
    • Civil society should promote dialogue and understanding among different religious communities to prevent communal tensions.
    • The government should clarify its stance on the Act and ensure its effective implementation to maintain secularism and protect religious freedoms.

  • British-era Act invoked to Block Internet in Punjab

    Introduction

    • The Union government invoked its authority under a colonial-era Temporary Suspension of Telecom Services Rules, 2017 to suspend mobile Internet in select districts of Punjab during Farm Protests 2.0.

    Mechanisms allowing Internet Shut-downs

    Authorities Purpose
    Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017 Home Departments in the states, state government review committee, central government (under this law, but rarely used) Enforces shutdowns for public emergency or safety reasons.
    Section 144 of the CrPC Local law enforcement authorities Enables shutdowns, particularly before 2017, to maintain public order and safety.
    The Indian Telegraph Act, 1885, Section 5(2) Home Secretary of the Union or state governments Allows blocking of messaging during a public emergency, safeguarding public safety, or protecting sovereignty and integrity.

     

    Constitutional Provisions for Right to Internet

    Constitutional Provision Explanation
    Anuradha Bhasin vs. Union of India and Ors. (2020) Right to Freedom of Speech and Expression under Article 19(1)(a) Grants the right to freedom of speech and expression, which encompasses access to information and the Internet.
    Faheema Shirin RK vs. State of Kerala and others (2019) Right to Education under Article 21A Guarantees the right to education for children aged 6 to 14;

    Internet access is crucial for modern education.
    K.S. Puttaswamy (Privacy) vs. Union of India (2017) Right to Privacy under Article 21 Protects the fundamental right to privacy, and Internet access is often used for secure communication.
    Anuradha Bhasin vs. Union of India and Ors. Freedom to Practice Any Profession or Carry on Any Trade, Business, or Occupation under Article 19(1)(g) Ensures the freedom to conduct various trades, businesses, and professions, often requiring Internet access.

    Landmark Precedence: Anuradha Bhasin Judgment (2020)

    • Supreme Court’s Ruling: In January 2020, the Supreme Court of India recognized access to the Internet as a fundamental right under the Indian Constitution.
    • Restrictions Guidelines: The Court mandated that any government-imposed Internet restrictions must be temporary, limited, lawful, necessary, and proportionate. It also emphasized judicial review.

  • Rescuing grace from disgrace

    Full text: President Murmu's address to Parliament's Budget Session - Rediff.com

    Central Idea:

    The article discusses the tradition of presidential and gubernatorial addresses to Parliament and Legislative Assemblies in India, highlighting the ceremonial and ritualistic nature of these events. It emphasizes the need for reform to streamline these addresses, suggesting a shift towards shorter, more concise speeches akin to the British practice, to save time and enhance efficiency in legislative proceedings.

    Key Highlights:

    • Presidential and gubernatorial addresses in India are steeped in tradition, characterized by elaborate ceremonies and rituals.
    • The speeches are drafted by the government of the day, with little involvement from the heads of state, leading to lengthy and sometimes tiresome readings.
    • Past presidents like R. Venkataraman and K.R. Narayanan exhibited meticulousness in reviewing draft speeches, suggesting improvements that were generally accepted.
    • Similar experiences were observed at the state level, with governors making suggestions for changes to their addresses, sometimes leading to unexpected challenges.
    • The article reflects on instances of political civility, where suggested changes were acknowledged and accommodated, despite time constraints.
    • Despite the ceremonial nature of these addresses, controversy and turbulence in legislative assemblies have been on the rise, fueled by accusations and counter-accusations.
    • The root cause of the problem lies in the disconnect between the writers and readers of these speeches, raising questions about ownership and relevance.
    • The author proposes adopting a more concise format for these addresses, similar to the British model, to refocus attention on legislative business and mitigate political polarization.

    Key Challenges:

    • Resistance from governments accustomed to using these addresses as platforms to showcase their achievements and plans.
    • Convincing stakeholders about the efficacy of shifting towards shorter, more focused speeches.
    • Overcoming entrenched traditions and resistance to change within the political system.
    • Balancing the ceremonial aspects of these addresses with the need for efficiency and relevance in legislative proceedings.
    • Addressing political polarization between central and state governments, which may hinder collaborative efforts towards reform.

    Main terms for answer quality enhancement:

    • Presidential address
    • Gubernatorial address
    • Ceremonial
    • Ritualistic
    • Legislative proceedings
    • Political polarization
    • Tradition
    • Efficiency
    • Reform

    Important Phrases:

    • “Land of largely unquestioned custom, ceremonials, and rituals”
    • “Suggesting changes by them difficult”
    • “Saving of time and the avoiding of tedium”
    • “Political civility”
    • “Root of the problem”
    • “Ornament of convention”
    • “Collective body of legislators”
    • “Innovative and self-denying Chief Minister”

    Quotes:

    • “When I am asked to read these Addresses, I feel like saying ‘Rashtrapati Bhavan’ and sitting down!” – R. Venkataraman
    • “The speech was not mine, it was yours.” – Unnamed speaker to Nitish Kumar
    • “Who Owns that Speech?” – Professor A.R. Venkatachalapathy

    Anecdotes:

    • R. Venkataraman’s meticulous review of draft speeches, despite tight timeframes.
    • Chief Minister Buddhadeb Bhattacharjee’s prompt action to rectify an oversight in a gubernatorial address.
    • The Governor of Bihar officiating a seamless legislative ceremony, earning appreciation from the Chief Minister.

    Useful Statements for critical approach in answer writing:

    • “The root of the problem lies in the foundational dichotomy of one agency writing the speech and another reading it.”
    • “Presidents and Governors will, I think, be relieved with such a rearrangement.”
    • “It will take an innovative and self-denying Chief Minister to start the reform to rescue a custom, ceremony, and ritual of grace from disgrace.”

    Examples and References:

    • Instances of past presidents and governors suggesting changes to draft speeches, with varying degrees of acceptance and acknowledgment.
    • Comparison with the British practice of brief, outline-focused speeches by the head of state.

    Facts and Data:

    • Terms of past presidents and governors mentioned in the article (e.g., R. Venkataraman, K.R. Narayanan).
    • References to specific events, such as the oversight in printing a gubernatorial address.

    Critical Analysis:

    • The article presents a nuanced critique of the ceremonial nature of presidential and gubernatorial addresses, highlighting inefficiencies and challenges.
    • It underscores the importance of streamlining these addresses to enhance legislative efficiency and mitigate political polarization.
    • The proposed reform aligns with the need for modernization and adaptation within the Indian political system.

    Way Forward:

    • Advocate for collaborative efforts among stakeholders to initiate reform and streamline the process of presidential and gubernatorial addresses.
    • Emphasize the benefits of shorter, more focused speeches in enhancing legislative efficiency and relevance.
    • Encourage political leaders to prioritize the collective interests of legislators and citizens over traditional ceremonies and rituals.

  • Governor’s Address: Insights from R. Venkataraman’s Perspective

     Introduction

    • The recent episode in the Tamil Nadu Assembly, where Governor R.N. Ravi declined to deliver the customary address, has reignited debates surrounding the significance of the Governor’s Address.
    • He actually walked out in response to an insult of National Anthem in TN Assembly.

    President’s/Governor’s Address

    • Constitutional mandate: Articles 87 and 176 of the Constitution confer authority upon the President and Governor, respectively, to address the legislature.
    • Occasions for Address: The addresses are reserved for two specific occasions: the commencement of a new legislative session post-election and the inauguration of the annual legislative session.
    • Significance: Termed the President’s or Governor’s Address, these speeches are pivotal for initiating legislative proceedings.

    Governor’s Address to the State Legislature: A Constitutional Obligation

    • Prescribed Duties: Article 176 delineates the Governor’s obligation to address the Legislative Assembly at the onset of each legislative year and post-general elections, with both Houses convened if a Legislative Council exists.
    • Procedural Norms: Established rules govern the time allocated for deliberating the address’s contents, ensuring parliamentary discourse.

    Global Parallels: Similar Practices across Democracies

    • Cross-National Comparison: Analogous provisions are observed in democratic nations worldwide.
    • State of the Union: In the United States, it manifests as the “State of the Union” address (1790), while in the United Kingdom, it is the Queen’s Speech (1536), heralding the parliamentary year’s commencement.
    • Indian Context: India’s Presidential Address mirrors the British model, reflecting the ceremonial role of the President, a sentiment echoed during the Constitution’s framing by Dr. B R Ambedkar.

    Features of the Address Content

    [A] Address Content: Proposals and Achievements

    • Legislative Agenda: The President’s or Governor’s speech encapsulates legislative proposals and government policy initiatives, coupled with a retrospective glance at previous accomplishments.
    • Government Input: Inputs for this address are curated from various government ministries, embodying the administration’s agenda.

    [B] Authorship and Agency: Government Responsibility

    • Constitutional Mandate: Governed by constitutional mandate, both the President and Governor are obligated to adhere to the Cabinet’s advice (1950) in their functions, including address preparation.
    • Policy Reflection: Hence, the address is meticulously crafted by the government, serving as a reflection of its policy stance.

    [C] Flexibility vs. Normative Adherence: Presidential/Governor Discretion

    • Adherence to Protocol: While refusal to deliver the address is impermissible, deviations from the prepared script are permissible.
    • Instances of Departure: Instances of Governors veering off the scripted path have transpired, although such actions remain rare for Presidents.

    Judicial Pronouncement: Upholding Constitutional Framework

    • Legal Precedent: The Supreme Court, in Shamsher Singh v. State of Punjab (1975), underscored the President’s (or Governor’s) adherence to Cabinet advice across functions.
    • Contested Discretion: While discretion to modify the speech is contested, any departure from parliamentary norms may invoke debate.

    R. Venkataraman’s Perspective

    • Venkataraman’s Critique: R. Venkataraman, who served as President from 1987 to 1992, vehemently opposed the practice of Presidential and Governor’s addresses, deeming it a “British anachronism” and a “meaningless formality.”
    • Calls for Constitutional Amendment: Venkataraman repeatedly urged PM Rajiv Gandhi and Chandra Shekher to abolish this tradition through a Constitutional amendment, emphasizing its lack of relevance and inherent biases.

    Perceptions of the Address

    • Government’s Voice: Venkataraman viewed the address as a mere reflection of the ruling regime’s perspectives, rendering Presidents and Governors mere “mouthpieces” devoid of independent expression.
    • Controversies and Criticism: He expressed dismay over controversies surrounding Governors’ addresses in states like Maharashtra and West Bengal, condemning the opposition’s heckling of figures like Governor Nurul Hasan.
    • Symbolic Adjustments: Venkataraman, in presenting his maiden Presidential address in 1988, advocated for subtle changes like replacing “My government” with “The government,” aligning with India’s constitutional ethos framed by the people.
    • Legacy of British Colonialism: He underscored the incongruity of retaining British-era conventions in India’s democratic framework, emphasizing the need for symbolic adjustments to reflect the nation’s sovereignty.

    Conclusion

    • Symbol of Governance: The tradition of Presidential and Governor’s addresses, rooted in constitutional mandate, and symbolizes the fusion of ceremonial protocol with legislative functionality.
    • Executive-Legislative Nexus: As integral components of democratic governance, these addresses underscore the synergy between executive authority and parliamentary accountability, while navigating the delicate balance between tradition and evolving norms.