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Subject: Polity

  • How MPs ask Questions in Lok Sabha?

    Central Idea

    • A Parliamentarian is being questioned by the Central Bureau of Investigation (CBI) and the Lok Sabha Ethics Committee, in her alleged involvement in ‘cash for query’ allegations.
    • This has thrust the spotlight on the importance and procedure of asking questions in the Lok Sabha.

    Procedure for Raising Questions

    • Rules and Directions: The process of raising questions is governed by Rules 32 to 54 of the “Rules of Procedure and Conduct of Business in Lok Sabha” and Directions 10 to 18 issued by the Speaker, Lok Sabha.
    • Notice Submission: MPs initiate the process by submitting a notice addressed to the Secretary-General of the Lok Sabha, specifying the question’s text, the relevant Minister, desired answer date, and order of preference if multiple questions are tabled.
    • Limitations: MPs are allowed to submit a maximum of five notices for oral and written answers combined, per day, with any excess notices considered for the subsequent session days.
    • Notice Period: The notice period for a question is usually not less than 15 days.
    • Submission Modes: MPs can submit notices through the online ‘Member’s Portal’ using their login credentials or physical forms available in the Parliamentary Notice Office.

    Conditions for Admissibility of Questions

    • Admissibility Rules: Various rules govern the admissibility of questions, such as a limit of 150 words, prohibition of arguments or defamatory statements, avoidance of character or conduct references except in official capacity, and disallowance of policy-related queries.
    • Legal Matters: Questions concerning subjects under court consideration or those that may compromise national unity and integrity are inadmissible.

    Types of Questions

    • Starred Questions: MPs pose starred questions for oral responses from the Minister-in-charge. These questions require submission at least 15 days in advance, with a maximum of 20 listed for oral answers each day.
    • Unstarred Questions: Unstarred questions receive written replies from the Ministry and must also be submitted 15 days ahead. A daily limit of 230 unanswered questions for written answers exists.
    • Short Notice Questions: Pertaining to urgent public concerns, these questions can be asked with less than 10 days’ notice, accompanied by a valid reason.
    • Questions to Private Members: Addressed to the MP themselves, these are posed when the subject relates to bills, resolutions, or House-related matters under that MP’s responsibility.

    Importance of Raising Questions

    • Parliamentary Right: MPs have an inherent and unrestricted parliamentary right to raise questions, serving as a legislative control mechanism over executive actions.
    • Information and Critique: Questions help obtain administration and government activity details, critique government policies, expose lapses, and prompt ministers to take corrective actions.
    • Government Feedback: For the government, questions gauge public sentiment towards policies, and administration, and can lead to parliamentary commissions, inquiries, or legislative actions in response.

  • Caste Enumeration and OBC Sub-Categorization in India

    obc caste

    Central Idea

    • The recent publication of Bihar’s caste survey results has sparked discussions about the possibility of similar exercises in other states as India enters a new electoral cycle.
    • Enumerating castes and sub-categorizing Other Backward Classes (OBCs) for equitable reservation distribution have long been contentious issues.

    Who are Other Backward Classes (OBCs)?

    • Origins of OBCs: OBCs represent communities and castes considered socially and educationally backward, distinct from Scheduled Castes (SCs) and Scheduled Tribes (STs).
    • Constitutional Mandate: The Indian Constitution mandates affirmative action for OBCs through Articles 15(4) and 16(4), enabling special provisions and reservations.

    Diverse Categories within OBCs

    • Occupational Classification: OBCs have historically been identified based on their occupations, including land ownership, farming, labor, and artisanal work.
    • Two Broad Categories: OBCs can be broadly categorized into landowners (e.g., Yadavs and Kurmis in Bihar and Uttar Pradesh) and non-landowners.
    • Inequality Concerns: A demand for reservation within OBCs has emerged, as a few “upper” OBCs have reportedly benefitted disproportionately from the existing 27% reservation, a result of the Mandal Commission’s recommendations over 30 years ago.

    EBCs in Bihar

    • EBC Identification: Bihar’s caste survey identified 27% of the population as “pichhda” (backward) and 36% as “atyant pichhda” (Extremely Backward Classes, or EBCs).
    • Historical Context: The state had previously categorized castes as “more backward,” and the Karpoori Thakur Formula, implemented in the 1970s, offered reservation benefits to various groups, including OBCs, economically backward OBCs, women, and the economically disadvantaged from “upper castes.”

    Historical OBC Commissions

    • Kaka Kalekar Commission (1953): Established in 1953, it recommended identifying socially and educationally backward classes and 25-40% reservation in government jobs.
    • Mandal Commission (1979): Appointed in 1979 but implemented in 1990, it identified 3,743 OBC castes, suggested 27% reservation in government jobs and educational institutions, and proposed no sub-categorization.

    State-specific Subcategorization

    • Diverse State Approaches: Various states have implemented subcategorization within their OBC quotas based on unique criteria.
    • Examples: Andhra Pradesh, Karnataka, Jharkhand, West Bengal, Maharashtra, Tamil Nadu, and Kerala have subgroups within their OBC reservations.

    Subcategorization at the National Level

    • Subcategorization Initiative: In 2015, the Ministry of Social Justice and Empowerment tasked the National Commission for Backward Classes (NCBC) with examining the subcategorization of OBCs.
    • NCBC’s Recommendation: The NCBC proposed subcategorization into Extremely Backward Classes, More Backward Classes, and Backward Classes.

    Recent Developments: Rohini Commission

    • In October 2017, the Rohini Commission was formed to explore OBC subcategorization.
    • It submitted its report in July 2023, although its contents remain undisclosed.

    Conclusion

    • The issue of caste enumeration and subcategorization of OBCs in India reflects complex social and political dynamics.
    • While it aims to ensure equitable distribution of reservation benefits, it also highlights the need for nuanced, state-specific approaches to address the diverse composition of OBC communities.
    • The recent report by the Rohini Commission holds potential significance, but its implications and recommendations await public scrutiny and debate.

  • Judicial Perspectives on LGBTQI Marriage and Adoption Issues

    Central Idea

    • In a recent landmark decision, the Supreme Court, led by Chief Justice of India D Y Chandrachud, deliberated on granting legal status to same-sex marriages.
    • This case has sparked significant interest as it explores the intersection of individual rights and societal norms.

    Judicial Perspectives on Various Issues:

    [A] Fundamental Right to Marry

    Issue Minority View (CJI) Majority View
    Petitioner Argument
    • Marriage is not fundamentally important;
    • It gained significance through state regulation as Civil Union.
    • Marriage’s importance is personal preference and social status.
    • It is necessarily NOT a fundamental right.

     

    [B] Interpretation of Special Marriage Act

    Issue Minority View (CJI) Majority View
    Framing the Issue
    • Cautioned against expansive interpretations;
    • Suggested encroachment on the legislature’s domain.
    • Concurred with the minority view.
    • Emphasized the SMA’s purpose for facilitating civil marriages between heterosexual couples.

     

    [C] Queer Couples’ Right to Adopt a Child

    Issue Minority View (CJI) Majority View
    Discriminatory Regulations
    • Struck down certain CARA regulations, asserting that they do not serve the child’s best interests.
    • Highlighted the discriminatory impact on the queer community based on their sexuality.
    • Acknowledged the discriminatory aspect.
    • But believed legislative action, rather than judicial imposition, should bring about this change.

     

    [D] Civil Unions for Queer Couples

    Argument Minority View (CJI Chandrachud) Majority View
    Recognition of Civil Unions
    • Connected the right to form intimate associations with freedom of speech and expression.
    • Proposed that the state should acknowledge various entitlements for such relationships.
    • Disagreed with prescribing a “choice” of civil unions.
    • Suggested that the state should facilitate this choice for those who opt for it.

     Conclusion

    • The Supreme Court’s decision on same-sex marriage reflects a complex interplay of legal, social, and legislative factors.
    • While the minority view leans towards immediate recognition of civil unions and highlights the importance of individual rights, the majority opinion emphasizes the legislative role in bringing about changes in societal norms.
    • The verdict underscores the evolving landscape of LGBTQ+ rights in India and the ongoing dialogue surrounding equal rights and inclusivity.

  • Supreme Court declines to Legalize Same-Sex Marriage

    Central Idea

    • The Supreme Court of India has declined to approve same-sex marriages in a blow to LGBTQ rights.
    • CJI said that it was outside the court’s remit to decide the issue and that parliament should write the laws governing marriage.

    Same-Sex Marriage Demand

    • Petitioners are urging for the reinterpretation of the Special Marriage Act (SMA), 1954, by replacing “man and woman” with “spouses” to accommodate LGBTQIA+ couples.
    • Such right to marry not only symbolizes equality but also grants access to numerous legal benefits, including insurance, adoption, and inheritance.

    Petitioners’ Demands

    Arguments Summary
    Constitutional Basis Asserted that the right to marry for non-heterosexual couples is implicit in various constitutional articles, including Articles 14, 15, 16, 19, and 21.
    Previous Landmark Judgments Referenced key Supreme Court judgments such as ‘Navtej Singh Johar vs. Union of India’ (2018) and ‘KS Puttaswamy vs. Union of India’ (2017) to support their case.
    Benefits and Rights Emphasized the importance of equal access to marriage-related benefits and rights, such as pensions and provident funds.
    Minimum Marriageable Age Suggested different minimum marriageable ages for lesbian, gay, and transgender couples based on gender identity.
    Recognition of Fundamental Rights Cited the Transgender Persons Protection Act, 2019, as a precedent recognizing the right to marry for all queer identities.

    Respondent’s Arguments

    Arguments Summary
    Maintainability and Jurisdiction Questioned the court’s jurisdiction to hear the case and raised concerns about the maintainability of the petitions.
    Impact on Existing Laws Argued that introducing marriage equality would impact 160 existing laws, making it the prerogative of Parliament to enact such changes.
    SMA Character and Intent Emphasized that the Special Marriage Act (SMA) was intentionally designed for heterosexual marriages, and changing its character and intent would require legislative action.
    Legitimate State Interest Contended that the State has a legitimate interest in regulating marriages, addressing aspects such as age of consent, bigamy, and prohibited degrees of marriage.
    Welfare of Children Advocated for prioritizing the welfare of children born to heterosexual parents, leading to differential treatment of heterosexual and homosexual couples.
    Public Perception Expressed concerns about societal acceptance and potential collateral damage to various legal provisions if same-sex marriage were declared a fundamental right.

    States Responses

    • Rajasthan, Assam, and Andhra Pradesh opposed the plea for legal recognition of same-sex marriages.
    • Sikkim, Maharashtra, Uttar Pradesh, and Manipur sought more time to respond.
    • Also, many fundamentalist religious organizations are opposed to such marriages.

    Conclusion

    • It must be noted that only Taiwan and Nepal allow same-sex unions in Asia, where largely conservative values still dominate politics and society.
    • The Supreme Court’s verdict on marriage equality in India is poised to shape the country’s LGBTQIA+ rights landscape profoundly.

    Also read:

    [Sansad TV] Perspective: Legalizing Same-Sex Marriage

  • Scheduled Areas in India: A Constitutional Framework

    Scheduled Area

    Central Idea

    • India’s diverse landscape is home to 705 Scheduled Tribe (ST) communities, constituting 8.6% of the nation’s population.
    • These communities reside across 26 States and six Union Territories.
    • A crucial constitutional provision, Article 244, governs the administration of Scheduled and Tribal Areas, significantly impacting the lives of STs.

    Constitutional Framework for STs

    • Fifth Schedule (Article 244(1)): This provision applies the Fifth Schedule’s provisions to Scheduled Areas in states other than Assam, Meghalaya, Tripura, and Mizoram.
    • Sixth Schedule (Article 244(2)): In the mentioned states, the Sixth Schedule governs the administration of Scheduled and Tribal Areas.

    Geographical Scope of Scheduled Areas

    • Coverage: Scheduled Areas span 11.3% of India’s land area, designated in 10 States: Andhra Pradesh, Telangana, Odisha, Jharkhand, Chhattisgarh, Madhya Pradesh, Rajasthan, Gujarat, Maharashtra, and Himachal Pradesh. Kerala has proposed additional areas for notification, pending government approval.
    • Exclusions: Despite demands from Adivasi organizations, numerous villages in Scheduled Areas and other regions with ST populations have been excluded from Article 244’s purview. Consequently, 59% of India’s STs lack the rights conferred by Scheduled Areas-related laws.

    Historical Recommendations

    • Bhuria Committee (1995): This committee recommended extending panchayat raj to Scheduled Areas, including the villages, a suggestion yet to be implemented.
    • Denotification Debate: Some argue for the denotification of parts of Scheduled Areas where non-tribal individuals have increased, citing the absence of viable ST-majority administrative units.

    Governance of Scheduled Areas

    • Notification: The President of India designates Scheduled Areas.
    • Tribal Advisory Council: States with Scheduled Areas must establish a Tribal Advisory Council with up to 20 ST members to advise the Governor on ST welfare matters.
    • Governor’s Role: The Governor reports annually to the President regarding Scheduled Areas’ administration. They can also repeal or amend laws applicable to the Scheduled Area, regulate tribal land transfer, and control money-lending activities.
    • Underutilized Provisions: These extensive powers granted to Governors and the President have remained largely inactive, with notable exceptions in Maharashtra from 2014 to 2020.

    Defining a Scheduled Area

    • Exclusive Presidential Power: The Fifth Schedule exclusively grants the President the authority to declare Scheduled Areas.
    • Empirical Basis: A 2006 Supreme Court ruling upheld the executive function of identifying Scheduled Areas and stated that it lacks the expertise to scrutinize this process.
    • Criteria: Neither the Constitution nor any law specifies criteria for identifying Scheduled Areas. However, based on the Dhebar Commission Report (1961), key considerations include tribal population predominance, area compactness, administrative viability, and economic backwardness relative to neighboring regions.

    Settlement of Ambiguity

    • PESA Act (1996): The Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996, empowered gram sabhas within Scheduled Areas, reinvigorating the intent of the Constitution and the Constituent Assembly. This law enabled direct democracy and recognized the gram sabhas as primary authorities.
    • Village Definition: PESA defines a village as a habitation or group of habitations managed by a community according to traditions and customs. This definition extended beyond Scheduled Areas to forest fringes and villages.
    • Unresolved Issues: Gram sabhas have yet to demarcate traditional boundaries on revenue lands. FRA 2006 requires the demarcation of “community forest resource” areas within traditional boundaries.

    Conclusion

    • Understanding and expanding Scheduled Areas in India necessitates the notification of all habitations or groups of habitations with ST majorities outside existing Scheduled Areas.
    • Furthermore, geographical boundaries should encompass “community forest resource” areas where applicable and extend to customary boundaries within revenue lands.
    • These steps are essential for ensuring equitable governance and preserving the rights and welfare of India’s Scheduled Tribes.

  • Shadow over women’s reservation

    What’s the news?

    • The Women’s Reservation Bill has journeyed through decades of debates and discussions, yet its implementation remains uncertain.

    Central idea

    • The recent tabling of the Women’s Reservation Bill in the Lok Sabha has brought attention to the long-awaited issue of gender representation in Indian politics. However, despite the grand announcement, there are several complexities and challenges surrounding its implementation that demand scrutiny.

    Historical Background

    • The issue of women’s reservation in Indian politics dates back to the Constituent Assembly debates in 1947, where it was initially rejected as unnecessary.
    • However, subsequent decades witnessed a decline in women’s political representation, prompting further policy deliberations.
    • The quest for women’s reservation in legislative bodies began in 1996, with notable progress occurring during Manmohan Singh’s tenure in 2010, when it passed in the Rajya Sabha but faced rejection in the Lok Sabha.
    • Since then, the commitment to empowering women in India’s political landscape has remained unfulfilled.

    Current Bill’s Complexities

    • Implementation Linked to Census and Delimitation: One of the major complexities is that the bill’s implementation is contingent upon two crucial factors: conducting a new census and completing the delimitation process. Unlike some previous legislation, this bill cannot be immediately enforced but rather depends on these time-consuming processes.
    • Unclear Timeline: The bill lacks a clear and specific timeline for its implementation. It leaves the question of when reservations for women in legislative bodies will become a reality unanswered. This ambiguity has raised concerns about the government’s commitment to gender equality in politics.

    Census and Delimitation Challenges

    • Delay Due to the Pandemic:
    • The last census in India was conducted in 2011. Subsequent Census exercises were delayed, with the Union government attributing the postponement to the COVID-19 pandemic.
    • This delay has had a direct impact on the implementation of the Women’s Reservation Bill since the bill is linked to the data obtained from the Census.
    • Potential Conflicts:
    • Even if the Census process moves forward, there is a looming possibility of conflicts arising during the delimitation process.
    • Delimitation, which involves the division of electoral constituencies, can be contentious, particularly between different regions and states. This could further delay the bill’s implementation and pose political challenges.

    Key Differences from the 2008 Version

    • Intra-State Women Representation: Unlike the 2008 version of the bill, the current iteration does not include provisions for “intra-state women representation.” The 2008 bill mandated that one-third of Lok Sabha seats in each state or Union Territory should be reserved for women, ensuring representation from various regions within the state.
    • Rotation of Reserved Seats: The current bill proposes that reserved seats for women should be rotated after every delimitation exercise. This means that the seats set aside for women may change constituency boundaries periodically. In contrast, the 2008 bill did not include such a provision.
    • Unclear Status During Delimitation: The current bill does not provide clarity on the status of women’s reservations when the delimitation process is ongoing. Given that delimitation commissions typically take several years to issue their reports, it remains uncertain how the reserved seats for women will be affected during this period.

    Way forward

    • Clear Implementation Plan: The government must outline a comprehensive and transparent plan for the implementation of the Women’s Reservation Bill. A clear roadmap with specific timelines can provide clarity and boost public confidence in the process.
    • Fast-Track Census and Delimitation: Expedite the Census and delimitation processes. Swiftly resolve any conflicts that may arise during these procedures to prevent further delays in implementing the bill.
    • Revise Intra-State Representation: Reconsider the exclusion of intra-state women’s representation from the current bill. Ensuring representation from various regions within a state can enhance diversity and inclusivity.
    • Seat Rotation Framework: Develop a framework for seat rotation that balances stability and change in women’s representation. Ensure that changes in constituency boundaries do not disrupt the continuity of women in politics.
    • Encourage Political Parties: Encourage political parties to proactively nominate more women candidates in elections. Parties can voluntarily set quotas for women candidates to increase their presence in legislative bodies.

    Conclusion

    • For a nation that initially championed equal rights and representation for all citizens, this delay is a blemish on the visionary ideals of our founding fathers. It is high time that the promise of women’s reservation in politics transforms into a tangible reality.

    Also read:

    What will hold up women’s reservation Bill?

  • Money Bill: SC to hear challenge

    What’s the news?

    • In recent years, some major legislations have been passed via the money bill route. Now a seven-judge SC bench will hear a challenge to the Centre’s use of money bills for passing important laws.

    Central idea

    • In a significant development, the Chief Justice of India announced that a seven-judge bench will be constituted to address a series of pleas challenging the government’s use of the money bill route to enact certain key legislations. This move comes in response to mounting concerns about the validity and constitutional propriety of this legislative procedure.

    What is a money bill?

    • A money bill is a type of legislative proposal that is defined and governed by Article 110 of the Indian Constitution.

    What constitutes a money bill?

    • Subject: A bill is considered a money bill if it exclusively deals with specific financial matters outlined in Article 110(1)(a) to (g) of the Indian Constitution. These matters include taxation, government borrowing, and the appropriation of money from the Consolidated Fund of India, among others.
    • Introduction in Lok Sabha: Money bills can only be introduced in the Lok Sabha, which is the lower house of India’s Parliament. They cannot originate in the Rajya Sabha, which is the upper house.
    • Exclusion of Rajya Sabha Consent: Unlike ordinary bills, money bills do not require the consent or approval of the Rajya Sabha (Council of States). The Lok Sabha has the exclusive authority to pass or reject money bills.
    • Final Decision of the Speaker: Article 110(3) of the Constitution states that if any question arises whether a bill is a money bill or not, the decision of the Speaker of the Lok Sabha on this matter shall be final.
    • Judicial Scrutiny: While the Constitution grants the Speaker the final authority in deciding whether a bill is a money bill, the Indian judiciary has the power to review and examine the Speaker’s decision for compliance with constitutional provisions.

    Challenged Legislations

    • Prevention of Money Laundering Act (PMLA) Amendments:
    • In July 2022, a three-judge bench composed of Justices A. M. Khanwilkar, Dinesh Maheshwari, and CT Ravikumar upheld the PMLA and the extensive powers of the Enforcement Directorate (ED).
    • However, they left the validity of amendments to the PMLA via the Money Bill route open for review by a larger Constitution bench.
    • The Finance Acts passed in 2015, 2016, 2018, and 2019 introduced significant changes to the PMLA, raising questions about the constitutionality of their passage.
    • Aadhaar Act:
    • The Aadhaar case marked a significant challenge to the categorization of a bill as a money bill.
    • In 2018, the Supreme Court, in a 4:1 majority, ruled in favor of the government, declaring the Aadhaar Act a valid money bill under Article 110 of the Constitution.
    • Notably, Justice Chandrachud dissented, condemning the government’s action as a fraud on the Constitution and subterfuge.
    • Tribunal Reform:
    • In the case of Roger Matthew vs. Union of India in November 2019, the Supreme Court confronted the issue of changes in the service conditions of tribunal members introduced as a money bill in the Finance Act, 2017.
    • While a five-judge bench deemed the law unconstitutional for impinging on judicial independence, it referred the money bill aspect to a larger constitution bench.
    • This move also cast doubt on the correctness of the five-judge Constitution Bench’s 2018 verdict upholding the Aadhaar Act as a money bill.

    The Larger Bench and Implications

    • Constitutional Significance: The cases involve the interpretation of Article 110 and the determination of whether specific bills genuinely qualify as money bills. The decisions reached by the larger bench will establish crucial precedents in constitutional law.
    • Clarifying Legislative Boundaries: The larger bench’s decisions will play a pivotal role in clarifying the boundaries of legislative power in India. It will provide guidance on when a bill can be categorized as a money bill and, consequently, whether it requires the consent of the Rajya Sabha.
    • Impact on Challenged Legislations: The decisions of the larger bench will directly impact the validity of specific legislations challenged for being passed as money bills. For instance, in the case of amendments to the PMLA, the outcome will determine the fate of these amendments and whether they must undergo further scrutiny in both houses of Parliament.
    • Judicial Review of Speaker’s Decision: The larger bench’s deliberations may provide further clarity on the extent of judicial review over the Speaker’s decision regarding the classification of bills as money bills.

    Conclusion

    • The announcement of a seven-judge bench by CJI Chandrachud signals a substantial step toward addressing these concerns and providing clarity on the boundaries of this legislative process, which has far-reaching implications for India’s legal and political framework.

    Also read:

    Money Bills vs Finance Bills: What are the differences, what the court has ruled

  • When can a Bill be designated as a ‘Money Bill’: SC to hear challenge

    Central Idea

    • CJI announced that a seven-judge bench will be established to address a series of petitions challenging the government’s use of the money bill route to pass significant legislations.
    • This move aims to provide clarity on the interpretation and application of money bills under Article 110 of the Constitution and their validity.

    Understanding the Money Bill Issue

    • The PMLA Challenge: CJI Chandrachud’s statement came during the hearing of challenges against amendments made to the Prevention of Money Laundering Act (PMLA).
    • Previous Judgment: In July 2022, a three-judge bench upheld the PMLA and the extensive powers of the Enforcement Directorate (ED). However, the validity of amendments to the PMLA passed as money bills remained open for review by a larger Constitution bench.
    • Finance Acts’ Impact: Key amendments to the PMLA were introduced through Finance Acts passed in 2015, 2016, 2018, and 2019, which are presented as money bills during the budget sessions under Article 110 of the Constitution.

    Challenges beyond PMLA

    [A] Aadhaar Controversy:

    • The issue of whether a bill qualifies as a money bill under Article 110 was first raised during the Aadhaar case.
    • In a 4:1 majority ruling in 2018, the Supreme Court upheld the Aadhaar Act as a valid money bill.
    • Notably, Justice Chandrachud dissented, criticizing the government’s passage of the Aadhaar Act as a money bill, labelling it a “fraud on the Constitution.”

    [B] Tribunal Reform:

    • In the case of Roger Matthew vs. Union of India (2019), the Supreme Court addressed challenges related to changes in the service conditions of tribunal members, introduced as a money bill in the Finance Act of 2017.
    • While declaring the law unconstitutional for interfering with judicial independence, the court referred the money bill aspect to a larger constitution bench, expressing doubts about the correctness of its 2018 verdict upholding the Aadhaar Act.

    Understanding a Money Bill

    • Article 110(1): A bill is considered a money bill if it exclusively pertains to matters specified in Article 110(1)(a) to (g), such as taxation, government borrowing, and appropriation of funds from the Consolidated Fund of India.
    • Lok Sabha Exclusive: Money bills can only be introduced in the Lok Sabha and do not require Rajya Sabha’s consent.
    • Role of Speaker: According to Article 110(3), the Speaker of the Lok Sabha has the final say in determining whether a bill is a money bill. However, the court in the Aadhaar case emphasized that the Speaker’s decision is subject to judicial scrutiny.

    Conclusion

    • The formation of a seven-judge bench signifies a significant step towards resolving controversies surrounding money bills and their passage, ensuring a clearer understanding of their application under the Constitution.
    • This move underscores the importance of judicial review in upholding the constitutional principles of parliamentary proceedings and ensuring transparency and accountability in legislative processes involving money bills.

  • Press Freedom and Free Speech in Southeast Asia

    Central Idea

    • Southeast Asian nations consistently rank among the worst globally for press freedom and media rights.
    • Autocratic governments in the region have increasingly resorted to closing independent newspapers and imprisoning activists who criticize the authorities.

    Press Freedom Rankings

    • Pew Research Findings: According to the Pew Research Center’s report on religion and politics in South and Southeast Asia, the embrace of free speech and democracy is not widespread in the region.
    • Global Press Freedom Rankings: Organizations like “Reporters without Borders” annually rank nations in terms of press freedom. In the latest World Press Freedom Index, Vietnam and Myanmar were among the worst-ranked countries, with Malaysia being the exception.
    • Deteriorating Standards: Declining press freedom worldwide is attributed to increasing aggressiveness by authorities, growing animosity towards journalists on social media, and the proliferation of fake content.

    Freedom on the Net Rankings

    • Online Free Speech Monitoring: Freedom House’s Freedom On The Net index evaluates online free-speech conditions. Myanmar, China, Vietnam, and Thailand ranked poorly, highlighting online restrictions and censorship.

    Public Perspectives on Free Speech

    • Notion of National Harmony: Governments in Southeast Asia, which encompass a diverse range of political systems, generally concur on the need to limit free speech to safeguard national “harmony.”
    • Pew Research Focus: Unlike traditional press freedom rankings, the Pew study delves into the views of ordinary people on free speech issues.
    • Key Findings: The report revealed that the majority of respondents in three out of four Southeast Asian states prioritize national “harmony” over free speech. However, a notable minority in Malaysia and Singapore held a contrasting view.

    Various impacts on Free speech

    • Age and Education Impact: Younger and more educated respondents were more likely to advocate for the right to criticize the government and prioritize free speech over social harmony.
    • Religious Influence: The report also noted differences in attitudes based on religion. For instance, Thai Muslims were more inclined to prioritize social harmony over free speech compared to Thai Buddhists.

    Government Justifications

    • Lese-Majeste Laws: Thai authorities argue that strict lese-majeste laws are necessary to protect “Thainess” and the monarchy.
    • Cambodian Government: Cambodia’s government defends stringent restrictions by portraying opposition politicians and independent media as threats to the nation’s hard-won peace.
    • Communist Governments: Vietnam and Laos assert that collective interests take precedence over individual rights.
    • Singapore’s Approach: Singapore, a multi-ethnic state, expanded “hate speech” laws, emphasizing the importance of not allowing any race or religion to be attacked or insulted.

    Critique of Laws

    • Effectiveness Questioned: Critics argue that harsh “hate speech” and other laws in the region may not genuinely preserve social harmony and can restrict freedoms.
    • Asia Centre Report: A 2021 report from the Asia Centre contends that such laws reinforce the dominance of the ethno-religious majority, limit freedom of religion or belief, and muzzle grievances from minority communities.
    • Political Exploitation: Ethno-religious dominant governments are accused of exploiting societal divisions for political gain.

    Conclusion

    • Balancing the preservation of national “harmony” with the protection of individual liberties remains a contentious issue.
    • As younger, more educated individuals express stronger support for free speech, it suggests the potential for evolving perspectives in the future.

  • Minority Institutions need NOT provide Reservations: Madras HC

    Central Idea

    • Reservation exemption: The Madras High HC ruled that the concept of communal reservation for SC/ST/OBC citizens does not apply to minority institutions.
    • No government constraint: The judges held that the government cannot compel minority institutions to implement such reservation policies.

    Key Highlights by Madras HC

    • Continued Status: The court emphasized that once minority status is granted to an institution, it will persist until the National Commission for Minority Educational Institutions (NCMEI) cancels it for valid reasons, such as a shift in its educational objectives.
    • Merit-Based Admissions: The court upheld the government’s right to stipulate that minority institutions can admit students from the respective religious and linguistic minorities up to 50% of the sanctioned intake based on merit.
    • Exclusion Clause: The judges clarified that students admitted on merit should not be counted within the first 50% of admissions allocated for minorities.

    Case Background

    • Petitioner’s Argument: The petitioner challenged a Govt Order (GO) issued in November 2021. The GO denied the extension of religious minority status to the college due to its admission of 52% minority students in the academic years 2018-19 and 2019-20.
    • Advocate General’s Stand: Advocate General argued that such admissions violated a 1998 GO that restricted minority admissions to 50%.
    • College’s Position: It contended that minority educational institutions should receive permanent status without the need for periodic extensions. It also asserted that the Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of Seats in Private Educational Institutions) Act, 2006, should not apply to minority institutions.

    Legal Analyis

    • Constitutional Provisions: The judges found support in Article 15(5) of the Constitution, introduced through the 93rd amendment in 2005, which specifically excludes minority institutions from the State Government’s authority to provide special provisions for reservations.
    • Definition of Private Educational Institution: They pointed out that Section 2(d) of the 2006 Act also excludes minority institutions established under Article 30(1) of the Constitution from its definition of ‘private educational institution.’ Thus, the State cannot impose reservation provisions on minority educational institutions.
    • Permanent Status: The court stated that the National Commission for Minority Educational Institutes Act, 2004, does not envision granting minority status for a temporary or restricted period. Instead, it continues until the Commission cancels it.

    Conclusion

    • Ultimately, the court quashed the 2021 GO and directed the government to allow the petitioner institution to maintain its status as a minority institution, provided it complies with other requirements.