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Subject: Polity

  • The severe erosion of fiscal federalism

    Fiscal federalism in dire straits?

    Central Idea:

    The article discusses Kerala’s protest against the imposition of a Net Borrowing Ceiling (NBC) by the Central Government, which restricts the state’s ability to borrow funds. It argues that this imposition undermines fiscal federalism and challenges the constitutional authority of the state legislature over financial matters.

    Key Highlights:

    • Kerala Chief Minister Pinarayi Vijayan leads a protest against the Central Government’s imposition of a financial embargo on Kerala.
    • The NBC limits states’ borrowings, including those from state-owned enterprises like the Kerala Infrastructure Investment Fund Board (KIIFB), leading to a severe financial crisis in Kerala.
    • The article questions the constitutionality of including state-owned enterprises’ debt in the state’s total debt, arguing that it encroaches on the state legislature’s authority over financial matters.
    • Kerala’s Fiscal Responsibility Act, 2003, aims to reduce fiscal deficit, demonstrating the state’s commitment to fiscal discipline.
    • The article criticizes the move towards “annihilative federalism,” where the central government’s actions detrimentally affect states’ ability to meet welfare obligations.

    Key Challenges:

    • Balancing fiscal discipline with the need for states to fund development projects and welfare schemes.
    • Addressing the erosion of fiscal federalism and the encroachment of central authority over state finances.
    • Resolving the conflict between the powers of the central government and state legislatures regarding financial matters.
    • Mitigating the impact of borrowing restrictions on states’ ability to fulfill their financial obligations.

    Key Terms:

    • Net Borrowing Ceiling (NBC): Limit imposed on states’ borrowings from all sources.
    • Kerala Infrastructure Investment Fund Board (KIIFB): State-owned body responsible for funding infrastructure projects.
    • Fiscal Responsibility Act: Legislation aimed at reducing fiscal deficit and promoting financial discipline.
    • Fiscal Federalism: Distribution of financial powers and responsibilities between the central government and states.
    • Annihilative Federalism: Central government actions that undermine states’ financial autonomy and welfare obligations.

    Key Quotes:

    • “The wide array of constitutional issues…point at the severe erosion of fiscal federalism in the country.”
    • “The borrowing restrictions are an example of ‘annihilative federalism’ at play.”

    Key Examples and References:

    • Kerala’s protest led by Chief Minister Pinarayi Vijayan against the financial embargo imposed by the Central Government.
    • The inclusion of KIIFB’s debt in Kerala’s total debt, leading to funding constraints for welfare schemes.
    • Comparison of Kerala’s fiscal deficit reduction efforts with the central government’s fiscal deficit estimates.

    Key Facts and Data:

    • Kerala’s fiscal deficit reported to have reduced to 2.44% of the GSDP.
    • Central government’s fiscal deficit estimated to be 5.8% for 2023-2024.

    Critical Analysis:

    The article underscores the tension between central authority and state autonomy in financial matters, highlighting the constitutional ambiguity surrounding the imposition of borrowing restrictions. It argues for a balanced approach that acknowledges states’ fiscal responsibilities while ensuring fiscal discipline.

    Way Forward:

    • Reevaluate the imposition of borrowing restrictions to ensure they do not unduly impede states’ ability to meet financial obligations.
    • Enhance dialogue and cooperation between the central government and states to address fiscal challenges while respecting constitutional principles.
    • Clarify the division of financial powers between the central government and state legislatures to mitigate conflicts and promote fiscal federalism.

  • Floor Test in Jharkhand Assembly

    Introduction

    • The new government has won the trust vote on the floor of the Jharkhand Assembly. A floor test serves as a pivotal check to determine if the executive enjoys the confidence of the legislature.

    What is Floor Test?

    • Definition: A floor test is a constitutional measure employed to ascertain whether the Chief Minister, appointed by the Governor, commands the majority support of the Legislative Assembly.
    • Governor’s Role: The Governor appoints the CM, typically from the party securing the majority of seats in the Assembly.
    • Voting of Confidence: If the majority is challenged or questioned, the Chief Minister must seek a vote of confidence to prove the majority among the members present and voting.
    • Consequences of Failure: Failure to secure the majority in the floor test necessitates the resignation of the Chief Minister.
    • Application: Floor tests are conducted both in the Parliament and state legislative assemblies. They are also utilized in cases of disputes within coalition governments.

    Postponement of Floor Tests

    • Legal Precedent: Recent Supreme Court rulings have clarified that floor tests need not be postponed even if the decision on the disqualification of rebel members is pending.
    • Shivraj Singh Chouhan v/s Speaker Case: The 2020 case involving Shivraj Singh Chouhan established this principle.
    • Discretion in Special Cases: In exceptional situations with no clear majority, the Governor can use discretion to expedite the selection of the Chief Ministerial candidate for a floor test.

    Composite Floor Test

    • Multiple Claimants: When multiple individuals stake a claim to form the government, a Composite Floor Test is conducted.
    • Majority Determination: In cases where the majority is unclear, a special session is convened to ascertain the majority.
    • Counting the Majority: Majority is determined based on those present and voting. Voting can occur through voice votes or division voting, involving electronic gadgets, ballots, or slips.
    • Speaker’s Vote: In case of a tie, the Speaker may cast the deciding vote.

    Challenges with the Floor Test

    • Luring of MLAs: In some instances, ruling party MLAs may be lured with rewards or incentives, undermining the constitutionality and fairness of the floor test.
    • Constitutional and Moral Implications: Such actions are seen as constitutionally immoral and unjust, as they circumvent the Tenth Schedule through engineered defections using the judicial process.

    Back2Basics: No Confidence Motion

    • Rule 198 of Lok Sabha: The process for a No Confidence Motion is explained under this rule in the Lok Sabha.
    • Constitutional provisions: While the Constitution does NOT mention the terms ‘No Confidence Motion’ or ‘floor test,’ Articles 75 and 164 establish the collective responsibility of the executive to their respective legislatures.
    • Procedure: Any Opposition member can move a no-confidence motion, which requires the backing of at least 50 members for acceptance.
    • Discussion Period: The Speaker announces a date for discussion, which must occur within 10 days from the date of acceptance.

  • Four issues that CJI highlighted within Legal Profession

    cji

    Introduction

    • During the Supreme Court’s 75th-year Foundation Day address, the Chief Justice of India (CJI) highlighted four crucial issues within the judiciary that require “difficult conversations.”
    • This article delves into these issues and their historical context.

    Major Issues with Legal Profession

    [1] Problem of “Adjournment Culture”

    • Definition: Adjournment culture refers to the practice of lawyers repeatedly seeking adjournments, delaying scheduled hearings.
    • Effect on Justice: Prolonged adjournments lead to case delays and contribute to the growing backlog of pending cases.
    • Legal Framework: Order XVII of the Civil Procedure Code, 1908 sets rules for granting adjournments, limiting them to three times, with sufficient cause shown.
    • Vicious Cycle: Advocates exploit heavy workloads to seek adjournments, perpetuating delays.

    [2] Managing Lengthy Oral Arguments

    • Constitutional Bench Matters: The court directs parties to schedule oral arguments to avoid repetition in important cases.
    • Mixed Success: Past cases, like the Ayodhya title dispute, had lengthy hearings despite scheduling.
    • Recent Improvements: Under CJI UU Lalit, a Constitution Bench case involving EWS reservations achieved efficiency through time scheduling.
    • US Model: The US Supreme Court restricts oral arguments to 30 minutes per side, considered but not adopted in India.

    [3] Alternatives to Extended Court Vacations

    • Flexi-Time: Introducing flexi-time for lawyers and judges is suggested, allowing them to choose working hours within a specified total.
    • Philippines Example: The Philippines implemented flexi-time for court employees based on valid reasons.
    • Historical Suggestions: Past reports and government recommendations aimed to reduce court vacations to tackle case backlog.
    • Supreme Court Rules: In 2014, the court limited summer vacations to seven weeks instead of ten.

    [4] Ensuring Equal Opportunities for First-Generation Lawyers

    • Leveling the Field: The CJI emphasizes providing a level playing field for first-generation lawyers and marginalized segments with the potential to succeed.
    • Progress: Over 50% of junior civil judge exam candidates are women, and 41% of Supreme Court law clerk candidates are women.
    • Inclusivity Efforts: Initiatives by the Supreme Court Advocates-on-Record Association (SCAORA) aim to support diversity, including giving weightage to first-generation lawyers for Senior Advocate designations.
    • Judicial Recognition: The judiciary acknowledges the growth and contributions of first-generation lawyers, dismissing claims that recognition is solely based on wealth and proximity.

    Conclusion

    • The judiciary faces multifaceted challenges, including adjournment culture, oral argument lengths, court vacations, and ensuring a fair platform for first-generation lawyers.
    • Addressing these issues requires frank discussions, reforms, and continued efforts to uphold the principles of justice and inclusivity within the legal profession.

  • 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.