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Subject: Polity

  • The path towards a pluralist civil society

    Op-ed: India – A vibrant democracy and a pluralistic society | SunOnline International

    Central Idea:

    The article explores the importance of the phrase “We the People” in the Indian Constitution’s Preamble, emphasizing the need to understand popular sovereignty as a dynamic force rather than a static concept. It delves into the role of different spheres within civil society, highlighting the contrast between the elite public sphere and the non-elite counter-sphere. The article draws on the perspectives of constitutional scholar Sarbani Sen, B.R. Ambedkar, and Mahatma Gandhi to underscore the significance of inclusive dialogue, empathy, and a pluralist civil society for the true realization of constitutional principles.

    Key Highlights:

    • Controversy over the omission of ‘Socialist’ and ‘Secular’ in copies of the Indian Constitution during Parliament’s inaugural session.
    • Emphasis on the revolutionary potential of the Constitution rooted in the spirit of “We the People.”
    • The distinction between the elite public sphere and the non-elite counter-sphere in civil society.
    • Recognition of the powerful democratic assertions from movements and groups outside the traditional elite sphere.
    • B.R. Ambedkar’s framing of the Preamble and his emphasis on morality as a governing principle.
    • Gandhi’s concept of ‘Swaraj’ as a creative process of self-realization and the importance of dialogue and empathy.

    Key Challenges:

    • Inertia of the elite public sphere in addressing challenges to constitutional governance.
    • The tendency to marginalize non-elite counter-sphere movements as “sectional” or emotional.
    • Potential loss of liberatory potential if the counter-sphere is not given equal standing in civil society.
    • The need to move beyond chauvinistic pride and engage in honest, introspective dialogue.

    Key Terms:

    • Popular Sovereignty
    • Elite Public Sphere
    • Non-elite Counter-sphere
    • Swaraj
    • Satyagraha
    • Deliberative Democracy

    Key Phrases:

    • “We the People”
    • “Counterbalancing the state”
    • “Radically democratic forms of popular assertions”
    • “Sovereignty of the political community”
    • “Liberty, equality, and fraternity”
    • “Empathetic engagement with the concerns of others”
    • “Inclusive dialogue”
    • “Plural civil society”

    Key Quotes:

    • “Without equality, liberty would produce the supremacy of the few over the many.” – B.R. Ambedkar
    • “Swaraj… a creative process of self-realization through which one might reach out towards a more secure and substantive plane of freedom and equality.” – Ajay Skaria
    • “Every self is deeply fissured, and sovereignty is ubiquitous, always exercised everyday by the self.” – Ajay Skaria

    Key Statements:

    • The Constitution’s revolutionary potential lies in the spirit of popular sovereignty.
    • Inclusivity and equal standing of all communities are crucial for a plural civil society.
    • The liberal public sphere has been inert in the face of challenges to constitutional governance.

    Key Examples and References:

    • Una agitation by Dalits
    • Pathalgadi movement of tribals in Jharkhand
    • Farmers’ movements in Punjab and Haryana
    • Nationwide protests by Muslims against the Citizenship (Amendment) Act

    Key Facts and Data:

    • Controversy during the inaugural session of the new Parliament over the omission of ‘Socialist’ and ‘Secular’ in the Constitution copies.
    • Reference to the book “The Constitution of India: Popular Sovereignty and Democratic Transformations” by Sarbani Sen.

    Critical Analysis:

    • The article critiques the inertia of the elite public sphere in addressing constitutional challenges.
    • It highlights the potential danger of marginalizing non-elite counter-sphere movements as emotional or sectional.
    • Emphasis on the need for honest and introspective dialogue for a pluralist civil society.

    Way Forward:

    • Advocate for an inclusive and plural civil society that recognizes the equal standing of all communities.
    • Promote empathetic engagement and dialogue to foster mutual understanding.
    • Encourage active participation in civil society, especially from non-elite counter-sphere movements.
    • Stress the importance of moral principles in governance and societal interactions.

  • Uttarakhand readies Final UCC draft

    ucc

    Introduction

    • Uttarakhand is taking important steps to implement a Uniform Civil Code (UCC).
    • The state has received the final report from a committee, which is a significant move towards fulfilling its commitment to equality and justice.

    Tap to read everything about Uniform Civil Code:

    India needs a Uniform Civil Code: PM

    Uttarakhand UCC

    • Expert Committee: Uttarakhand appointed a committee, led by retired Justice Ranjana Prakash Desai, to draft the UCC.
    • In the State Assembly: The UCC report will be presented in the State Assembly on February 5 for discussion. It will go through a detailed review before becoming law.

    Key Recommendations

    • Gender Equality: The final UCC draft focuses on achieving gender equality and removing unfairness in various areas, including property rights and adoption rules.
    • Language Choice: Notably, the UCC draft is around 750 pages long, entirely written in Hindi, without any Urdu or other languages.
    • Protection of Tribal Community: The report suggests that the tribal community should not be included in the UCC. Their specific needs and concerns will be addressed separately.

    Ensuring Equal Rights

    • Ban on Regressive Practices: The UCC draft recommends strong punishments for practices like triple talaq, iddat, and halala, which relate to marriage and divorce in Muslim personal law. It also proposes banning polygamy and polyandry.
    • Legalizing Live-In Relationships: The draft suggests making live-in relationships legal, with mandatory registration for such couples.
    • Equal Inheritance Rights: Women are granted the same rights as men when it comes to inheritance under the proposed UCC.
    • Minimum Marriage Age: The UCC draft suggests setting the minimum age for women’s marriage at 21 years.

    Conclusion

    • Uttarakhand’s efforts to establish a Uniform Civil Code demonstrate its commitment to ensuring equal rights and justice for all.
    • The careful drafting process, inclusive approach, and strong recommendations underscore the state’s determination to promote gender equality and eliminate regressive practices.

  • How Political Parties are created in India?

    political parties

    Introduction

    • Tamil superstar Thalapathy Vijay’s announcement of his political party has sparked interest in the process of registering political entities in India.

    Creating a Political Party

    • Legal Framework: Article 324 of the Indian Constitution and Section 29A of the Representation of the People Act, 1951 empower the Election Commission to lay down guidelines for party registration.
    • Application: A party seeking registration must apply to the Election Commission within 30 days of its formation.
    • Public Notice: The applicant must publish the proposed party name in two national and two local daily newspapers. The notice is also posted on the Election Commission’s website.
    • Documentation: The application, in a prescribed format, must be sent to the Election Commission Secretary within 30 days of party formation. It should include a demand draft of Rs. 10,000, a printed copy of the party’s memorandum, rules, or constitution, and the latest electoral rolls for at least 100 party members.
    • Affidavits: An affidavit, duly signed by the President or General Secretary and sworn before a Magistrate/Notary Public, is required. Additionally, individual affidavits from 100 members confirming non-membership in any other registered political party are essential.

    Need for Registration

    • Not Mandatory: Registration with the Election Commission is not mandatory but comes with advantages under the Representation of the People Act, 1951.
    • Symbol Allotment: Registered party candidates receive priority in the allotment of free symbols over independent candidates.
    • State or National Recognition: Parties can achieve recognition as ‘state parties’ or ‘national parties,’ subject to fulfilling conditions laid out in the Election Symbols (Reservation and Allotment) Order, 1968.

    Recognition Criteria

    • State Party: To be recognized as a state party, a registered party must meet any of these five conditions:
      1. Secure at least 6% of valid votes and win at least 2 seats in an Assembly General Election.
      2. Secure at least 6% of valid votes and win at least 1 seat in a Lok Sabha General Election.
      3. Win at least 3% of the seats or at least 3 seats, whichever is more, in an Assembly General Election.
      4. Win at least 1 out of every 25 seats from a state in a Lok Sabha General Election.
      5. Secure at least 8% of the total valid vote in an Assembly or Lok Sabha General Election.
    • National Party: To attain national party status, a registered party must meet any of these three conditions:
      1. Secure at least 6% of valid votes in an Assembly or Lok Sabha General Election in four or more states and win at least 4 seats in a Lok Sabha General Election from any state.
      2. Win at least 2% of total Lok Sabha seats in a Lok Sabha General Election, spanning at least 3 states.
      3. The party is recognized as a State Party in at least four states.

    Benefits of Recognition

    • Reserved Symbol: State parties receive a reserved symbol within the state, while national parties can use the reserved symbol across the country.
    • Nomination Ease: Such parties require only one proposer for filing nominations.
    • Free Electoral Rolls: They are entitled to two sets of electoral rolls free of cost.
    • Media Access: Recognized parties can use state-owned Akashvani/Doordarshan facilities for broadcasting/telecasting during general elections.
    • Additional Perks: Recognized parties can avail of other advantages such as subsidized land for party offices, among others.

  • 22nd Law Commission recommends retaining Criminal Defamation

    defamation

    Introduction

    • The 22nd Law Commission has recommended retaining criminal defamation as an offence in the new legal framework of Bharatiya Nyaya Sanhita.
    • The Law Commission’s report highlights the importance of protecting an individual’s reputation, grounded in Article 21 of the Constitution, which safeguards the right to life and personal liberty.

    Key Recommendations: Upholding Reputation

    • Invisible Asset: Reputation, a valuable asset, cannot be seen but is diligently built over a lifetime and can be tarnished in an instant.
    • Essence of Protection: The jurisprudence around criminal defamation laws is rooted in the essence of safeguarding one’s reputation.
    • Balancing Act: While acknowledging that criminal defamation might seem contradictory to freedom of speech and expression, the Law Commission suggests treading carefully.
    • Harmful Speech: The Commission advises that speech should only be deemed illegal when it intends substantial harm, and when such harm becomes a reality.

    What is Criminal Defamation?

    • Defamation: Defamation entails the act of publishing damaging content that diminishes an individual’s or entity’s reputation, from the viewpoint of an ordinary person. In India, defamation is both a civil and criminal offense.
    • Sections 499 and 500: These sections in the Indian Penal Code address criminal defamation. Section 499 defines the offense, while Section 500 outlines the associated punishment.

    Arguments in Favor of Retaining Criminal Defamation

    • Protection of Reputation: An individual’s reputation, an integral part of Article 21, is as vital as free speech.
    • Balancing Act: The right to free speech (Article 19(1)(a)) must be balanced against the right to reputation (Article 21).
    • Inadequate Compensation: Monetary compensation in civil defamation may not proportionately compensate for reputation harm.
    • Editorial Responsibility: Editors bear the responsibility for published content, with significant consequences for individuals and the nation.
    • Counteracting Online Defamation: In the absence of an effective internet censorship mechanism, criminalizing defamation is a necessary safeguard.
    • State’s Interest: Criminalizing defamation is part of the state’s compelling interest to protect citizens’ dignity and reputation.

    Arguments against Retaining  

    • Chilling Effect: Criminal defamation may have a chilling effect on free speech, with a lower threshold for prosecution than civil damages.
    • Media Freedom: Freedom of speech and media expression is crucial for vibrant democracies, and the threat of prosecution can stifle truth.
    • Misinterpretation of Dissent: Dissent may be misconstrued as unpalatable criticism, leading to imprisonment under Sections 499 and 500 of IPC.
    • Collective Reputation: The right to reputation cannot extend to collectives like the government, which can rectify reputational damage.
    • Redundancy: Since civil defamation remedies exist, retaining criminal defamation may serve little purpose except coercion and harassment.
    • Global Trend: Many nations, including neighbouring Sri Lanka and the UK, have decriminalized defamation.
    • International Perspective: The International Covenant on Civil and Political Rights urges states to abolish criminal defamation as it intimidates citizens and deters exposing wrongdoing.

    Conclusion

    • Criminal defamation cases have been used to suppress investigative journalism, hindering democratic accountability.
    • Criminal defamation should not be misused by the state, especially as the Code of Criminal Procedure gives public servants an advantage.
    • Interim measures can ensure fair proceedings and prevent excessive penalties.

    Back2Basics: Law Commission of India

    Details
    Establishment An executive body established by the Government of India, with the first commission established in 1955.
    Tenure Each Law Commission serves a term of three years.
    Function Acts as an advisory body to the Ministry of Law and Justice for legal reforms in India.
    Recommendations The recommendations made by the Law Commission are not binding.
    Historical Background The first Law Commission was established during the British Raj in 1834 by the Charter Act of 1833.
    First Chairman The first Chairman of the Law Commission was Macaulay, who recommended the codification of laws.
    Composition Typically consists of a full-time Chairperson, full-time Members, ex-officio Members, and part-time Members.
    Terms of Reference Undertakes research and reviews of existing laws, recommends reforms, and studies justice delivery systems.
    Major Reforms The Law Commission played a pivotal role in suggesting key enactments like the Indian Penal Code and Criminal Procedure Code.
    Role in Legal Reforms Serves as both an advisory and critical body, with its recommendations often influencing legal reforms in India.
    Supreme Court References The Supreme Court has referred to the work of the Law Commission and followed its recommendations in various cases.
    Promotion of Accountability Aims to promote an accountable and citizen-friendly government, transparency, and the right to information.

  • Significance of Deputy CM in Indian Politics

    Deputy CM

    Introduction

    • Deputy Chief Ministers (Deputy CMs) have become prominent figures in Indian politics, serving as political compromises and often following coalition governments or a lack of single-party dominance.
    • The role and prevalence of Deputy CMs vary across states and regions.

    Role of Deputy CM

    • Political Compromise: Deputy CMs are appointed to strike a political compromise, especially in coalition governments or when no single leader commands undisputed authority.
    • Representation: Deputy CMs represent various regions, communities, or interest groups within a state, promoting inclusivity.
    • Constitutional Basis: The Constitution does not explicitly mention the position of Deputy CM; however, it is understood to be equivalent in rank to a Cabinet Minister.
    1. Article 163(1): This article outlines the existence of a Council of Ministers in each state, with the Chief Minister at its head, to aid and advise the Governor in the exercise of his functions. While it doesn’t mention Deputy CMs, they are a part of the Council of Ministers, akin to Cabinet Ministers.
    2. Article 164(1): This article states that the Chief Minister shall be appointed by the Governor, and other Ministers shall be appointed by the Governor on the advice of the Chief Minister. It establishes the authority of the Chief Minister in appointing Deputy CMs.

    Prevalence of Deputy Chief Ministers

    • Growing Prominence: Deputy CMs are increasingly common in Indian states, with four of the five states that went to polls in November 2021 having Deputy CMs.
    • National Presence: Most major states, except Tamil Nadu and Kerala, have the position of Deputy CM.
    • Varied Contexts: States like Andhra Pradesh, Maharashtra, and Haryana have multiple Deputy CMs, often reflecting coalition governments or diverse political considerations.

    Historical Overview

    • Pioneering Deputy CM: Anugrah Narayan Sinha was one of the earliest Deputy CMs in India, representing Bihar.
    • Post-1967 Increase: The prevalence of Deputy CMs expanded after the decline of Congress’s dominance in national politics in 1967.
    • Examples: States like Bihar, Uttar Pradesh, Madhya Pradesh, and Haryana have a history of Deputy CMs from various political backgrounds.

    Deputy Prime Ministers

    • Higher Position: India has also seen Deputy Prime Ministers, who held positions of significance at the national level.
    • Notable Figures: Sardar Vallabhbhai Patel, Morarji Desai, Charan Singh, Chaudhary Devi Lal, and Lal Krishna Advani have served as Deputy Prime Ministers.
    • Constitutional Aspects: The role of the Deputy Prime Minister has been debated in court, with the Supreme Court emphasizing that it does not confer additional powers on the Deputy Prime Minister.

    Conclusion

    • Deputy Chief Ministers play a vital role in Indian politics, facilitating political stability and representation.
    • Their prevalence has increased over the years, and they continue to hold significant positions in state governments.

  • Internet Shutdowns in India: Upholding Constitutional Rights

    Introduction

    • The Internet serves as a vital source of information, entertainment, healthcare, education, and livelihood.
    • However, the rampant instances of Internet suspension in India, often without public disclosure, raise concerns about constitutional rights and economic losses.

    Constitutional Provisions for Right to Internet

    Landmark Case 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.

     

    Mechanisms allowing Internet Shut-downs

    Mechanism 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.

    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.

    Unfulfilled Promises and Ongoing Restrictions

    • Broken Promises: Despite the Anuradha Bhasin judgment, Internet shutdowns increased in India, making it the leader in global Internet suspensions.
    • Recent Examples: The Union Territory of Jammu and Kashmir (J&K) and Haryana have imposed Internet restrictions without timely publication of orders.
    • Compliance Issues: Lack of publication erodes public trust and limits the ability to challenge the legality of restrictions.

    Need for Transparency

    • Publication’s Significance: Non-disclosure of orders hinders legal challenges and perpetuates illegal restrictions.
    • Statutory Recognition: The government’s failure to give statutory recognition to the Supreme Court’s directions creates awareness issues.
    • Economic Impact: In 2020, India suffered $2.8 billion in losses due to 129 Internet shutdowns affecting 10.3 million individuals.

    Widespread Impact

    • Economic, Psychological, and Social Harm: Internet suspensions harm the economy and disrupt daily life, education, healthcare, and communication.
    • Democratic Right to Protest: Restrictions on Internet access hinder the democratic exercise of the right to protest.
    • Verifying Information: The Internet helps verify rumors and disseminate the truth during emergencies.

    Socio-economic Disparities

    • Mobile-Dependent Users: The majority of Internet users rely on mobile data services, making Internet restrictions detrimental to lower socio-economic groups.
    • Broadband Accessibility: Limited access to broadband Internet exacerbates the impact of shutdowns.

    Conclusion

    • To uphold constitutional rights and unlock the full potential of Digital India, the government must adhere to the Supreme Court’s guidelines, ensuring transparency and legality in Internet shutdowns.
    • Addressing compliance issues and minimizing restrictions can benefit the nation’s economic and social well-being.

  • What is needed from a Governor is reticence

    M.K. Stalin | Governor R N Ravi 'instigates' communal hatred, is threat to Tamil Nadu's peace: CM Stalin tells President Droupadi Murmu - Telegraph India

    Central Idea:

    The article discusses the controversial statements made by the Tamil Nadu Governor, R.N. Ravi, regarding the factors leading to India’s Independence. Despite his background in physics and a career in the Intelligence Bureau, Mr. Ravi expressed views on historical events, specifically downplaying the impact of the Quit India movement and attributing British departure to factors like Netaji Subhas Chandra Bose’s actions and the Naval Mutiny.

    Key Highlights:

    • Governor R.N. Ravi, in breach of the expected reticence of constitutional authorities, delves into historical interpretations related to India’s Independence.
    • Ravi suggests that the Quit India movement had minimal impact on the British decision to leave, attributing it more to Netaji Subhas Chandra Bose’s Azad Hind Government and the 1946 Naval Mutiny and Air Force Rebellion.
    • Ravi’s views are reportedly based on Intelligence Bureau files, raising questions about his in-depth study of India’s national movement.

    Key Challenges:

    • Constitutional authorities, like Governors, should refrain from publicly expressing opinions on historical matters unrelated to their duties, especially without comprehensive knowledge.
    • Ravi’s assertion regarding the Quit India movement and the reasons for British departure may stir controversy and be seen as an attempt to rewrite historical narratives.

    Key Terms/Phrases:

    • Quit India movement
    • Intelligence Bureau (IB)
    • Azad Hind Government
    • Naval Mutiny and Air Force Rebellion
    • Netaji Subhas Chandra Bose
    • Mahatma Gandhi
    • Indian National Army (INA)
    • Constitutional authority

    Key Quotes:

    • “The Quit India movement made little impact on the British decision to leave India.” – Governor R.N. Ravi
    • “The British left because they felt ‘insecure’ after the ‘Naval Revolt and the Air Force Rebellion.’” – R.N. Ravi on British Prime Minister Clement Attlee’s alleged statement.

    Anecdotes:

    • The article mentions the lawyer Bhulabhai Desai, Jawaharlal Nehru, and others defending INA officers at their court martial, emphasizing the united front among leaders despite ideological differences.

    Key Statements:

    • Constitutional authorities, like Governors, are expected to maintain reticence and avoid public expressions of opinions on historical events.
    • Mr. Ravi’s views on the Quit India movement and the reasons for British departure may not align with historical consensus.

    Key Examples and References:

    • Reference to the impact of INA trials on British rule withdrawal, as noted in Kailas Nath Katju’s unpublished biography.
    • Mention of historical leaders’ admiration for Netaji Subhas Chandra Bose, despite ideological differences.

    Key Facts/Data:

    • Mr. Ravi’s background in physics and a career in the Intelligence Bureau.
    • INA trials and their impact on public sentiment, as highlighted in Kailas Nath Katju’s biography.

    Critical Analysis:

    • The article criticizes Mr. Ravi for venturing into historical interpretations without a detailed study, emphasizing the need for constitutional authorities to exercise restraint.
    • It questions the validity of Ravi’s claims regarding the Quit India movement’s impact and the factors influencing the British decision to leave.

    Way Forward:

    • Constitutional authorities should adhere to their roles and avoid making public statements on historical events.
    • Encourage informed discussions on historical matters and ensure that statements align with widely accepted historical narratives.

  • Explained: Rajya Sabha Election Process

    Introduction

    • The Election Commission notified elections to 56 Rajya Sabha seats that will be held on February 27.

    Uniqueness of Rajya Sabha Elections

    • Retirement Cycle: One-third of Rajya Sabha members from each State retire every two years, necessitating elections to fill vacancies.
    • Eligible Voters: Only elected members of State Legislative Assemblies are eligible to vote in Rajya Sabha elections.
    • Six-Year Term: Newly elected members serve a six-year term, with vacancies arising due to resignation, death, or disqualification filled through by-polls.

    Election of Rajya Sabha Members

    • Blocs and Elections: A group of MPs from one or more parties can elect a member if they possess the required numbers.
    • Avoiding Majority Rule: This approach ensures that ruling party candidates do not monopolize elections.
    • Union Territories Representation: Delhi and Puducherry Assemblies elect members to Rajya Sabha to represent the respective Union Territories.

    Electoral Process

    • Polling Condition: A Rajya Sabha election requires polling only when the number of candidates surpasses the available vacancies.
    • Predictable Strength: Parties estimate their potential seats based on their strength in the Assembly.
    • Contesting Candidates: Parties field candidates based on their strength; additional candidates trigger a contest.
    • Candidate Nomination: Political party candidates must be proposed by at least 10 Assembly members or 10% of the party’s House strength, whichever is lower.
    • Independent Candidates: Independents require 10 proposers, all Assembly members.

    Voting Procedure

    • Single Transferable Vote: Rajya Sabha elections employ the single transferable vote system, based on proportional representation.
    • Preferences Voting: Electors can vote for multiple candidates in order of preference.
    • Winning Requirement: Candidates need a specific number of first preference votes to win, with each first choice vote valued at 100 in the initial round.
    • Qualification: To qualify, a candidate must secure one point more than the quotient obtained by dividing the total value of seats available in the election plus one.

    Transparency in RS Elections

    • Open Ballot System: Rajya Sabha elections employ an open ballot system with limited transparency.
    • Preventing Cross-Voting: Showing marked ballots to the party’s authorized agent (Whip) is mandatory; not following this rule renders the vote invalid.
    • Secrecy for Independents: Independent candidates are prohibited from showing their ballots to anyone.
    • NOTA in Rajya Sabha: Initially, Rajya Sabha members had the option to use the NOTA (None of the Above) button during elections, as per circulars issued by the Election Commission.
    • Supreme Court Ruling: However, in 2018, the Supreme Court ruled that NOTA is only applicable in general elections and cannot be used in indirect elections based on proportional representation.

    Consequences of Cross-Voting

    • Supreme Court’s Stand: The Supreme Court clarified that not voting for the party candidate in Rajya Sabha elections does not trigger disqualification under the anti-defection law.
    • Legislators’ Freedom: MLAs retain the freedom to vote for a candidate of their choice.
    • Party Action: Parties are free to take disciplinary action against legislators who vote against their candidate.

    Voting Eligibility before Taking Oath

    • Voting Without Oath: The Supreme Court ruled that members can participate in Rajya Sabha elections even before taking the oath as legislators.
    • Non-Legislative Activity: Rajya Sabha voting is considered a non-legislative activity, allowing members to vote without taking the oath.
    • Membership Status: A person becomes a member as soon as the Election Commission notifies the list of elected members.
    • Proposal Rights: Members can also propose a candidate before taking the oath of office.

    Other facts

    • Limited Union Territories (UTs): Only two Union Territories participate in Rajya Sabha elections, not all of them.
    • Conditional Polling: Polling occurs only if the number of candidates exceeds the available vacancies.
    • Independent Members: Independent candidates can also be elected to Rajya Sabha.

  • CAA Implementation within a Week

    Introduction

    Citizenship (Amendment) Act (CAA), 2019: Key Provisions

    • Basic idea: CAA, 2019, aims to amend the Citizenship Act, 1955, to grant Indian citizenship to specific categories of illegal migrants.
    • Eligible Religions: CAA targets Hindu, Sikh, Buddhist, Jain, Parsi, and Christian illegal migrants from Afghanistan, Bangladesh, and Pakistan, making them eligible for Indian citizenship.
    • Objective: The primary objective is to facilitate citizenship for non-Muslim immigrants from India’s three Muslim-majority neighboring countries.
    • Residence Requirement: The Citizenship Act, 1955, normally requires 11 of the previous 14 years of residence in India as a condition for naturalization.
    • Amendment: CAA reduces this requirement to 6 years for applicants belonging to the specified religions and countries.
    • Exemption from Criminal Cases: Members of the designated communities are exempted from criminal cases under the Foreigners Act, 1946, and the Passport Act, 1920, if they entered India before December 31, 2014.

    Defining Illegal Migrants

    • Status Under Present Laws: Existing laws prohibit illegal migrants from acquiring Indian citizenship.
    • CAA’s Definition: CAA classifies an illegal migrant as a foreigner who enters India without valid travel documents (passport and visa) or overstays beyond the allowed period.
    • Penalties: Illegal migrants can face imprisonment or deportation under the Foreigners Act, 1946, and The Passport (Entry into India) Act, 1920.

    Exceptions under CAA

    • Conditions for Exemption: CAA outlines four conditions that, if met, exempt certain individuals from being treated as illegal migrants:
      1. They belong to the specified religions (Hindu, Sikh, Buddhist, Jain, Parsi, or Christian).
      2. They hail from Afghanistan, Bangladesh, or Pakistan.
      3. They entered India on or before December 31, 2014.
      4. They are not in certain tribal areas of Assam, Meghalaya, Mizoram, or Tripura (Sixth Schedule) or “Inner Line” permit areas (Arunachal Pradesh, Mizoram, and Nagaland).

    Controversies Surrounding CAA

    • Country of Origin: CAA categorizes migrants based on their country of origin, specifically Afghanistan, Pakistan, and Bangladesh.
    • Religious Exclusivity: It raises questions about why only six specified religious minorities have been considered in the Act.
    • Omission of Rohingya: The Act doesn’t address the Rohingya Muslims from Myanmar, who have faced persecution.
    • Entry Date Differentiation: The differential treatment of migrants based on their entry date, i.e., before or after December 31, 2014, has generated debate.
    • Secularism Concerns: Critics argue that granting citizenship based on religion contradicts the secular principles of India’s Constitution, considered part of the unalterable basic structure.

  • Diamond Jubilee celebrations of the Supreme Court

    Introduction

    • The Prime Minister inaugurated the diamond jubilee year celebrations of the Supreme Court, marking an important milestone in India’s judicial history.

    About Supreme Court of India

    • Apex Judicial Body: The Supreme Court of India is the highest judicial authority as per the Constitution of India.
    • Constitutional Mandate: Article 124 of the Constitution stipulates the establishment of the Supreme Court.
    • Birth of the Supreme Court: The Supreme Court came into being on January 26, 1950, coinciding with the commencement of the Indian Constitution.
    • Inauguration: Two days after India became a Sovereign Democratic Republic, the Supreme Court was officially inaugurated on January 28, 1950.
    • Initial Location: Initially, the Supreme Court operated from the old Parliament House until it relocated to its present site on Tilak Marg, New Delhi, in 1958.
    • Inaugural Event: The inaugural ceremony of the current Supreme Court building was presided over by Dr. Rajendra Prasad, the first President of India, on August 4, 1958.

    Evolution of Judicial Bench Strength

    • Changing Dynamics: The original 1950 Constitution envisioned a Supreme Court comprising a Chief Justice and 7 puisne Judges, allowing Parliament to alter this number.
    • Progressive Growth: Over the years, the number of Judges increased to accommodate the growing workload: 8 in 1950, 11 in 1956, 14 in 1960, 18 in 1978, 26 in 1986, 31 in 2009, and the current strength of 34 Judges.
    • Judicial Structure: Judges sit in panels of two or three and convene in larger benches of 5 or more, known as Constitution Benches, to resolve conflicting decisions between different Supreme Court benches or address significant constitutional interpretations.
    • Official Language: Proceedings in the Supreme Court are conducted exclusively in English.

    Powers and Jurisdiction

    • Multifaceted Jurisdiction: The Supreme Court possesses original, appellate, and advisory jurisdiction.
    • Final Arbiter: It serves as the ultimate court of appeal and the ultimate interpreter of the Constitution.
    • Original Jurisdiction: The Supreme Court’s original jurisdiction extends to disputes involving the Government of India and one or more States, inter-State disputes, and issues related to Fundamental Rights.
    • Writ Jurisdiction: Article 32 of the Constitution empowers the Supreme Court with extensive original jurisdiction to enforce Fundamental Rights by issuing writs like habeas corpus, mandamus, prohibition, quo warranto, and certiorari.
    • Inter-High Court Cases: The Supreme Court can direct the transfer of civil or criminal cases between High Courts.
    • International Commercial Arbitration: Under the Arbitration and Conciliation Act, 1996, the Supreme Court can initiate International Commercial Arbitration.
    • Appellate Authority: High Courts can grant certificates for appeals to the Supreme Court under Article 132(1), 133(1), or 134 in cases with substantial questions of constitutional interpretation.
    • Certified Appeals: In civil cases, High Courts may certify that a case involves a significant question of general importance, warranting Supreme Court adjudication.
    • Criminal Appeals: In criminal cases, appeals lie to the Supreme Court if the High Court has reversed an acquittal, sentenced an accused to death, imprisonment for life, or imprisonment for over 10 years, or if the High Court certifies the case’s suitability for Supreme Court appeal.
    • Parliamentary Empowerment: Parliament can confer additional powers on the Supreme Court to hear appeals from High Courts in criminal proceedings.
    • Special Leave to Appeal: Under Article 136, the Supreme Court may, at its discretion, grant special leave to appeal from any judgment, decree, or order passed by any Court or Tribunal in India.
    • Advisory Role: The Supreme Court exercises advisory jurisdiction under Article 143, wherein the President of India can refer specific matters to the Court.
    • Election Petitions: Part III of the Presidential and Vice-Presidential Elections Act, 1952, allows direct filing of election petitions in the Supreme Court.
    • Contempt Powers: Articles 129 and 142 empower the Supreme Court to punish for contempt of Court, including self-contempt.
    • Curative Petitions: After dismissing a review petition, the Supreme Court can reconsider its final judgment through a curative petition on limited grounds.
    • Binding Authority: As India’s highest court, its judgments are binding on all other courts in the country.

    Location of the Supreme Court

    • Article 130: Article 130 of the Constitution grants the Chief Justice of India the authority to choose the location of the Supreme Court, which can be in Delhi or any other place.
    • CJI’s Discretion: The Article vests exclusive discretionary powers with the Chief Justice of India regarding the Supreme Court’s location.
    • No External Compulsion: No external authority can compel the Chief Justice to act in a particular manner under this Article.

    Advocating for Circuit Benches

    • Law Commission Recommendation: The Law Commission’s 229th Report suggested establishing a Constitution Bench in New Delhi and four other benches in different regions of India.
    • Diverging Views: However, this proposal did not garner favor among Supreme Court Judges.