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Subject: Polity

  • Kuki Groups seek Separation from Manipur

    kuki article 3

    Central Idea

    • Kuki Inpi Manipur (KIM), the apex body of Kuki tribes, issued a statement calling for a separate state under Article 3 of the Constitution.

    Manipur violence: A quick recap

    • The ethnic conflict in Manipur originated on May 3 between the Meitei people (valley-based) and the Kuki-Zomi people (hills-based Scheduled Tribe groups).
    • The violence resulted in the forced migration of the two populations, prompting Kuki-Zomi MLAs and various groups to call for separation.

    What is Article 3 of the Indian Constitution?

    • Article 3 grants the Parliament the authority to create new states, modify boundaries, and rename existing states in India.
    • It establishes the legal framework for the reorganization of states within the country.
    • Here is the text of Article 3: Parliament may by law—
    1. Form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State
    2. Increase the area of any State
    3. Diminish the area of any State
    4. Alter the boundaries of any State
    5. Alter the name of any State

    Procedural Requirements

    Certain procedural requirements must be fulfilled before enacting changes under Article 3:

    • Presidential Recommendation: No Bill pertaining to these matters can be introduced in Parliament without the recommendation of the President.
    • State Legislature Consultation: If a proposed bill affects the area, boundaries, or name of any state, it must be referred by the President to the concerned state legislature.
    • Time frame: The state legislature is given a specific period to express its views on the proposed changes. Additional time may be granted by the President, if necessary.

    Significance of Article 3

    • Alteration for reasons: Article 3 provides a mechanism to adapt the political boundaries of states in India as per the evolving needs of the nation.
    • Power Sharing: While the Parliament holds the authority to initiate state reorganization, the consultation with the state legislature ensures a democratic process and considers the views of the affected state.
    • Regional Aspirations: Article 3 acknowledges the aspirations of various regions by allowing the formation of new states, thereby promoting regional development and administration.
    • Flexibility: The provision for altering state boundaries enables the government to address demographic changes, regional imbalances, and administrative efficiency.

    Why is the demand by Kukis not feasible?

    • Social and Political Cohesion: The consideration of endorsing separate administrative setups or a greater Mizoram based on ethnic lines raises concerns about social and political cohesion in Manipur.
    • Tensions with Naga Community: Tensions between the Kuki and Naga communities in Manipur complicate the situation and have the potential to escalate conflicts.
    • Unique Cross-Border Presence: The demand for a separate homeland for the Chin-Kuki-Mizo community requires careful evaluation due to its unique cross-border presence and potential for Pan-Nationalism.
    • Implications on Regional Stability: Recognition of a separate homeland would strain relations with Myanmar and Bangladesh, impacting regional stability.

    Conclusion

    • Cautious Decision-Making: The Indian government must navigate the complexities by considering the broader implications on Manipur’s stability, cross-border relations, and the risk of future conflicts stemming from ethnic separatism.
    • Inclusive Dialogue and Peace: Inclusive dialogue, addressing grievances, and promoting peace and unity among all ethnic communities involved are crucial for long-term stability and harmonious coexistence.

  • Does India really need State Governors?

    Central Idea

    • The recent termination of a state minister’s appointment by Tamil Nadu Governor R N Ravi has sparked renewed debates on the role and necessity of Governors in Indian states.
    • While conflicts between state governments and the Governor’s office are not new, it is important to examine the position of the Governor and its constitutional implications.

    Who is a State Governor?

    • In India, the position of State Governors is established by the Constitution of India.
    • The constitutional provisions regarding State Governors can be found primarily in Articles 153 to 162 of the Indian Constitution.

    Here are the key aspects of the constitutional position of State Governors in India:

    • Appointment: The Governor of a state is appointed by the President of India. The President acts on the advice of the Council of Ministers headed by the Prime Minister.
    • Executive Power: The Governor is the head of the state executive and exercises executive powers on behalf of the President. The Governor is the representative of the President at the state level.
    • Constitutional Head: The Governor acts as the constitutional head of the state and performs ceremonial functions such as the opening and closing of the state legislature, giving assent to bills, and issuing ordinances.
    • Administrative Role: The Governor plays a crucial role in the administration of the state. The Governor appoints the CM and other members of the Council of Ministers, as well as certain high-ranking state officials.

    Powers and Functions

    • Legislative Functions: The Governor has a role in the legislative process. The Governor summons and prorogues the state legislature, addresses the legislature at the beginning of its first session after each general election, and gives assent to bills passed by the state legislature.
    • Discretionary Powers: The Governor has certain discretionary powers. For example, the Governor can reserve certain bills passed by the state legislature for the consideration of the President. The Governor can also withhold assent to bills under certain circumstances.
    • Emergency Powers: In cases of breakdown of constitutional machinery in a state, the Governor can recommend the imposition of President’s Rule, where the state government is temporarily suspended, and the Governor acts as the executive head of the state.
    • Link with Central Government: The Governor serves as a vital link between the state government and the central government. The Governor communicates with the President and the central government on various matters related to the state.

    Arguments for the Existence of the Governor’s Post

    • Preservation of Provincial Autonomy: The Constituent Assembly aimed to maintain the Governor as the constitutional representative of states in post-independence India.
    • Need for Centralization and Impartiality: Supporters argue that a certain level of centralized power is essential for a developing nation like India, and the Governor ensures impartiality in governance.
    • Continuity and Stability: The Governor’s presence provides stability and continuity in governance, and they play a significant role in administering oaths and delivering inaugural addresses.

    Arguments against the Governor’s Post

    • Interference and Politicization: Critics claim that Governors often interfere in the functioning of state governments, especially those led by opposing political parties, leading to politicization of the office.
    • Lack of Impartiality: Concerns arise about the impartiality of Governors appointed from political backgrounds, potentially influencing their decisions and actions.
    • Redundancy and Inefficiency: Some argue that the role of the Governor can be carried out by alternative mechanisms, and the office incurs unnecessary expenditure.

    Supreme Court’s Stand and Judicial Review

    • Limited Powers and Aid-Advice: The Supreme Court has established that Governors are required to exercise their powers upon the aid and advice of their ministers, except in exceptional circumstances.
    • Judicial Oversight: Through landmark cases, the Supreme Court has set limits on gubernatorial powers, ensuring their actions adhere to the Constitution and the law.

    Recommendations by Commissions and Committees

    • Administrative Reforms Commission (ARC): The ARC, in its report in 1969, emphasized harmonious relations between Governors and state governments, suggesting enhanced cooperation and limited interference.
    • Sarkaria Commission (1983): The commission proposed modifications to augment the responsibilities and influence of Governors while emphasizing impartiality and fixed tenures.
    • Punchhi Commission (2010): Recommendations included consultation with the Chief Minister during the appointment of Governors and expanding their responsibilities in specific areas.
    • Other Proposals: Various recommendations have been made, such as appointing Governors through a collegium, limiting their role to ceremonial duties, or abolishing the post in smaller states or union territories.

    Conclusion

    • The debate surrounding the role of Governors in Indian states continues to evolve.
    • While arguments for the existence of the Governor’s post revolve around preserving provincial autonomy, centralization, and stability, critics highlight concerns of interference, politicization, and redundancy.
    • Judicial oversight and recommendations from commissions and committees have aimed to strike a balance between the Governor’s constitutional responsibilities and the need for impartiality.

  • An unacceptable verdict in the constitutional sense

    constitutional

    What is the news?

    • A recent judgment by the Allahabad High Court in the case of Kiran Rawat vs State of UP.
    • The court declined the prayer of an inter-faith couple in a live-in relationship for protection from police harassment.
    • The court deemed the live-in relationship as a “social problem” and relied on personal laws on marriage

    Central Idea

    • A recent judgment by the Allahabad High Court has garnered significant national attention. The ruling in Kiran Rawat vs State of UP undermines the principles of constitutional morality in personal relationships, a notion repeatedly affirmed by the Supreme Court of India. The judgment, has been criticised for its departure from constitutional principles, disregard for precedent, and reliance on irrelevant personal laws.

    What is the case?

    • The case of the petitioners, a Muslim man and a Hindu woman, was short and simple. They are around 30 years of age, living together and their relation is based on mutual love and affection.
    • They alleged that the local police have been torturing them while living in a rented house, and sought protection from police harassment, allegedly done on the basis of a complaint made by a family member

    What is mean by constitutional morality?

    • Constitutional morality refers to the principles and values embedded in a constitution that guide the interpretation and application of its provisions.
    • It encompasses the spirit and objectives of the constitution, promoting justice, equality, freedom, and the protection of fundamental rights.
    • Constitutional morality goes beyond conventional social norms and customs, emphasizing the adherence to constitutional principles even in the face of opposition or prevailing societal beliefs.

    What is personal liberty?

    • Personal liberty refers to the individual’s freedom to make choices, decisions, and actions without undue interference or coercion from external forces, including the state or other individuals.
    • It is a fundamental right that is protected by various legal frameworks, including constitutions and human rights declarations.
    • Personal liberty encompasses various aspects of an individual’s life, including physical, mental, and emotional well-being, as well as their autonomy and privacy.
    • However, personal liberty is not an absolute right and may be limited in certain circumstances,

    Main factors that make the judgment unacceptable in the constitutional sense

    • Prioritizing Conventional Social Morality: The High Court is accused of being influenced by conventional social morality rather than upholding constitutional principles. This undermines individual autonomy and personal liberty, which are essential components of constitutional morality.
    • Disregard for Supreme Court Judgments: Despite citing Supreme Court judgments on live-in relationships, the High Court rejects their intended purpose without providing sound reasons. This undermines the binding nature of Supreme Court judgments and the consistency of legal interpretation.
    • Irrelevant Reliance on Personal Laws: The judgment relies on personal laws related to marriage that are deemed irrelevant to the case. By doing so, the High Court deviates from the constitutional framework and fails to prioritize the fundamental rights of individuals.

    How the judgement shows an inclination towards orthodoxy?

    • Assuming Marriage as a Condition Precedent: Though there were many deficits in the petition, the High Court could not have assumed that marriage is a condition precedent for constitutional protection and the exercise of fundamental rights.
    • Acting as a Theological Court: In effect, The High Court acted as a theological court, as if the very idea of individual liberty and autonomy are alien to the writ jurisdiction. The verdict shows a clear inclination towards social orthodoxy and religious revivalism.
    • Reiteration of Traditional Beliefs:
    • The court tried to reiterating traditional beliefs on marriage and morals, rather than embracing a progressive and inclusive approach. By relying on and reinforcing traditional views, the court fails to accommodate changing societal norms and the importance of personal choices and freedoms
    • Rejection of Supreme Court Precedents: The law laid down by the Supreme Court is binding on all the courts in the country, as in Article 141 of the Constitution. The judgment of the Allahabad High Court rejects the precedential value of Supreme Court verdicts on live-in relationships, such as D. Velusamy (2010), Indra Sarma (2013), and Dhanu Lal (2015). By doing so, the High Court disregards the guidance provided by the apex court, which has recognized and protected the rights of individuals in live-in relationships.

    The Judgements by the Supreme Court which upholds personal liberty

    • Decriminalization of Adultery in Joseph Shine vs Union of India (2018): In the case of Joseph Shine vs Union of India (2018), the Supreme Court decriminalized adultery defined under Section 497 of the Indian Penal Code (IPC). The court held that individual moral aberrations should not be punished by the state’s police power. The judgment emphasized that fidelity is a value, but not one that the state should police.
    • Striking Down of Section 377: In the case of Navtej Singh Johar (2018), the Supreme Court substantially struck down Section 377 of the IPC, which dealt with same-sex relations. The court’s judgment was a constitutional adjudication rather than a mere moral judgment. It recognized the importance of personal choices and limited the state’s power in the realm of personal relationships.
    • In Lata Singh (2006) case: The SC t directed police authorities throughout the country to see to it that any adult undergoing inter caste or inter religious marriage is not harassed by anyone.
    • Khushboo vs Kanniammal & Anr. (2010): The Supreme Court held, while it is true that the mainstream view in our society is that sexual contact should take place only between marital partners, there is no statutory offence that takes place when adults willingly engage in sexual relations outside the marital setting.

    Note: Note down these judgements to support your argument when question asks you to critically analyse

    Way forward

    • Clear Guidance on Live-in Relationships: The Supreme Court should provide clear guidelines and legal recognition for live-in relationships, emphasizing the protection of individuals’ rights and dignity. This would prevent confusion and inconsistent interpretations by lower courts in the future.
    • Judicial Training and Sensitization: There is a need to conduct training programs and sensitization workshops for judges at all levels. This would ensure a better understanding of constitutional principles, fundamental rights, and the evolving nature of societal norms, enabling judges to make informed and unbiased decisions.
    • Public Awareness Campaigns: Public awareness campaigns should be conducted to educate people about the rights and legal protections available to individuals in live-in relationships. This would help dispel social stigmas and promote acceptance of diverse personal choices.
    • Legislative Reforms: The legislature should consider enacting specific laws or amending existing ones to address the legal rights and responsibilities of individuals in live-in relationships. This would provide clarity and protection to couples in such relationships and ensure equal treatment under the law.
    • Strengthening Precedent: It is crucial to emphasize the binding nature of Supreme Court judgments on all courts in the country. Lower courts should be vigilant in adhering to established precedents, respecting the hierarchy of judicial decisions, and avoiding interpretations that deviate from constitutional principles.
    • Dialogue and Engagement: Societal dialogue and engagement with stakeholders, including legal experts, activists, and religious leaders, can help promote a better understanding of individual rights, personal choices, and the importance of constitutional values in a diverse society

    Conclusion

    • The Allahabad High Court’s judgment in Kiran Rawat vs State of UP reflects a regressive view on personal relationships and disregards constitutional morality. By neglecting Supreme Court judgments, relying on irrelevant personal laws, and failing to uphold personal liberties, the High Court has erred in its duty to provide justice. It is crucial that the Supreme Court rectifies this judicial indiscipline and reaffirms the significance of constitutional tenets in safeguarding individual rights and personal choice

    Also read:

    (more…)

  • Electoral Bonds chief source of donations for parties: Report

    bond

    Central Idea

    • Electoral bonds have emerged as the primary source of donations for political parties in India, with the BJP securing the majority share.
    • A report by the Association of Democratic Reforms reveals that between 2016-17 and 2021-22, national and regional parties received a total donation of ₹9,188.35 crore through electoral bonds.
    • The BJP received ₹5,271.97 crore, while other national parties collectively received ₹1,783.93 crore.

    Political Donations under Electoral bonds scheme

    • Breakdown of donations: Over the six-year period, the 31 analyzed political parties received a total of ₹16,437.63 crore in donations. Of this, 55.9% came from electoral bonds, 28.07% from the corporate sector, and 16.03% from other sources.
    • BJP leads the pack: The BJP declared donations worth ₹5,271.97 crore through electoral bonds, surpassing the total donations of all other national parties combined.
    • Congress and regional parties: The Congress received the second-highest amount through electoral bonds, with ₹952.29 crore (61.54% of total donations). The Trinamool Congress received ₹767.88 crore (93.27% of total donations).
    • Regional parties’ reliance on bonds: Regional parties such as the BJD, DMK, and TRS received a significant portion of their total donations from electoral bonds.
    • Surge in bond donations: National parties witnessed a 743% increase in donations through electoral bonds between 2017-18 and 2021-22, while corporate donations only rose by 48%.

    Key features of Electoral Bonds Scheme

    • Introduction of Electoral Bond Scheme: The Electoral Bond Scheme 2018 was introduced for electoral funding during the crucial time period analyzed in the report.
    • Removal of donation limit: The Finance Act, 2017 eliminated the previous cap of 7.5% of a company’s average three-year net profit for political donations.
    • Purchase and Donation: Any Indian citizen or company incorporated in India can purchase Electoral Bonds from select branches of the State Bank of India. The bonds can be bought in denominations of ₹1,000, ₹10,000, ₹10 lakh, and ₹1 crore. The purchaser can then donate the bonds to an eligible political party of their choice.
    • Eligibility and KYC: To purchase Electoral Bonds, the buyer must fulfill the Know Your Customer (KYC) norms and make the payment from a bank account. Only individuals and companies with Indian citizenship or incorporation can participate in the scheme.
    • Bond Validity: Electoral Bonds have a life of 15 days, ensuring that they do not function as a parallel currency.
    • Anonymity and Disclosure: Donors who contribute less than ₹20,000 to political parties through Electoral Bonds are not required to provide their identity details, such as the Permanent Account Number (PAN). However, the identity of the donor is known to the bank.
    • Redemption and Eligible Parties: Only political parties registered under Section 29A of the Representation of the People Act, 1951, and securing at least one percent of the votes in the last general election are eligible to receive Electoral Bonds. The bonds can be encashed only through a bank account with the authorized bank.

    Issues with the Scheme

    • Lack of Transparency: The scheme has faced criticism for enabling opaque political funding. While the identity of the donor is captured, it is not revealed to the party or the public, limiting transparency.
    • Limited Tax Benefits: Donations made through Electoral Bonds may not qualify for income tax breaks, potentially discouraging donors from participating in the scheme.
    • Privacy Concerns: The privacy of donors may be compromised as the bank will have knowledge of their identity.
    • Differential Benefits: The scheme can potentially favor parties in power, as the government can access information about the donors and the funds received.
    • Unlimited Donations: Amendments in the Finance Act of 2017 allow for unlimited donations from individuals and foreign companies to political parties without disclosing the sources of funding, raising concerns about the influence of money in politics.

  • SC Collegium proposes new CJs to 7 High Courts

    collegium

    Central Idea

    • The Supreme Court Collegium, led by Chief Justice of India D. Y. Chandrachud, has recommended new Chief Justices for seven major High Courts in India.
    • The recommendations focus on criteria such as seniority, regional representation, and gender diversity.

    What is Collegium System?

    • The Collegium of judges is the Indian Supreme Court’s invention.
    • It does not figure in the Constitution, which says judges of the Supreme Court and High Courts are appointed by the President and speaks of a process of consultation.
    • In effect, it is a system under which judges are appointed by an institution comprising judges.
    • After some judges were superseded in the appointment of the CJI in the 1970s, and attempts made subsequently to effect a mass transfer of High Court judges across the country.
    • Hence there was a perception that the independence of the judiciary was under threat. This resulted in a series of cases over the years.

    Evolution: The Judges Cases

    • First Judges Case (1981) ruled that the “consultation” with the CJI in the matter of appointments must be full and effective.
    • However, it rejected the idea that the CJI’s opinion, albeit carrying great weight, should have primacy.
    • Second Judges Case (1993) introduced the Collegium system, holding that “consultation” really meant “concurrence”.
    • It added that it was not the CJI’s individual opinion, but an institutional opinion formed in consultation with the two senior-most judges in the Supreme Court.
    • Third Judges Case (1998): On a Presidential Reference for its opinion, the Supreme Court, in the Third Judges Case (1998) expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues.

    Functions of the Collegium

    (1) Appointment of CJI

    • The President of India appoints the CJI and other Supreme Court judges.
    • The outgoing CJI recommends his successor, and the appointment is typically made based on seniority, following the controversy of the 1970s.
    • The Union Law Minister forwards the recommendation to the Prime Minister, who then advises the President on the appointment.

    (2) Appointment of Other SC Judges

    • The proposal for appointing other judges to the Supreme Court is initiated by the CJI.
    • The CJI consults other members of the Collegium, as well as the senior-most judge from the High Court to which the recommended person belongs.
    • The opinions of the consultees must be recorded in writing and included in the file.
    • The Collegium sends the recommendation to the Law Minister, who forwards it to the Prime Minister for the President’s advice.

    (3) Appointment of High Court Judges

    • Chief Justices (CJs) of High Courts are appointed based on the policy of having Chief Justices from outside the respective states. The Collegium makes the final decision on their elevation.
    • The appointment of High Court judges is recommended by a Collegium consisting of the CJI and two senior-most judges.
    • The Chief Justice of the High Court concerned initiates the proposal in consultation with two senior-most colleagues.
    • The recommendation is then sent to the Chief Minister, who advises the Governor to forward the proposal to the Union Law Minister.

    (4) Transfer Recommendations by the Collegium

    • The Collegium is also responsible for recommending transfers of Chief Justices and other judges.
    • Article 222 of the Constitution allows for the transfer of judges from one High Court to another.
    • When a Chief Justice is transferred, a replacement must be simultaneously appointed for the concerned High Court. An acting Chief Justice can be appointed for a maximum of one month.
    • In transfer matters, the CJI’s opinion is determinative, and the consent of the judge being transferred is not required.
    • However, the CJI should consider the views of the Chief Justice of the concerned High Court and one or more Supreme Court judges who are in a position to provide their opinions.
    • All transfers must be made in the public interest, aiming for the betterment of the administration of justice.

     

  • Supreme Court asks NGO to move govt against Sarpanch-Patism

    sarpanch

    Central Idea

    • The Supreme Court of India has stated that the government, rather than the judiciary, should address the issue of men exerting power behind elected women who remain “faceless wives and daughters-in-law” in grassroots politics.
    • The court’s remarks came in response to a petition filed by an NGO which highlighted the phenomenon of unelected male relatives wielding political influence, undermining the spirit of women’s reservation in Panchayati Raj Institutions (PRIs).

    Women in PRIs: Legal Aspects

    (a) 73rd Constitutional Amendment Act, 1992:

    • Mandates 33.3% reservation for women in PRIs across the country.
    • Recognizes the Gram Sabha as the foundation of the Panchayat Raj System, empowering it to perform functions and exercise powers entrusted by the State Legislatures.
    • Some states have increased the reservation to 50%, including Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Bihar, etc.
    • Out of the 30.41 lakh elected representatives in PRIs, 13.74 lakh (45.2%) are women.

    (b) Article 15(3) of the Constitution:

    • Empowers the State to make special provisions for women.
    • Allows the government to introduce measures to ensure gender equality and promote the interests of women.

    (c) Article 243D:

    • Provides for the reservation of one-third of the total number of seats and offices of Chairpersons in PRIs for women.
    • The reserved seats and offices are allocated through rotation to different constituencies within a Panchayat.
    • These reservations for women are in addition to the reservations for Scheduled Castes (SCs) and Scheduled Tribes (STs) in all three tiers of PRIs.

    (d) Intersectional Reservations:

    • The reservation of seats and offices for women in PRIs also falls within the overall reservations for Scheduled Castes (SCs) and Scheduled Tribes (STs) in all three tiers of PRIs.
    • This provision aims to address the intersecting disadvantages faced by women from marginalized communities.

    (e) Proposed 110th Constitution Amendment Bill:

    • Introduced in the Lok Sabha in 2009 to bring about 50% reservation for women in Panchayats across all states.
    • The bill aimed to increase the reservation beyond the existing 33.3% mandated by the 73rd Amendment Act.
    • Despite multiple tabled attempts, the bill was not passed into law.

    Proxy Sarpanchs in India

    • It is generally observed where an elected lady Sarpanch (the head of a Panchayat) delegates their powers and responsibilities to someone else, typically a family member or a trusted individual.
    • This proxy then acts as a representative or substitute for the Sarpanch in carrying out their duties.
    • Quite often, this delegation is forcefully acquired from women.

    Reasons behind Panchayat Pati syndrome

    • Gender Inequality: Deep-rooted gender inequalities prevalent in Indian society play a significant role in perpetuating the Panchayat Pati syndrome. Patriarchal norms and cultural beliefs that prioritize male authority and decision-making often restrict women’s agency and participation in public affairs.
    • Social Norms and Expectations: Traditional gender roles and societal expectations define women’s primary role as homemakers and caretakers. This perception often results in women being considered unfit or inexperienced in matters of governance
    • Lack of Awareness and Education: Limited access to education and awareness about women’s rights and the importance of their participation in local governance can contribute to the prevalence of Panchayat Pati. Lack of awareness among women themselves, as well as their families and communities, can lead to the perpetuation of discriminatory practices.
    • Male Domination and Resistance to Change: Male dominance in politics and resistance to gender equality can also contribute to the Panchayat Pati syndrome.
    • Political Dynamics and Power Struggles: In some cases, male family members or influential community leaders may strategically use the Panchayat Pati practice to retain power and influence. By controlling women’s decision-making, they can ensure their interests are protected and continue to exert control over the local governance processes.

    Impact of Panchayat Pati syndrome

          1. Economic Impact:

    • The practice of Panchayat Pati limits the active participation of women in decision-making processes within the panchayat.
    • This exclusion can hinder the effective utilization of resources and allocation of funds, potentially leading to suboptimal economic outcomes for the community.
    • Women’s perspectives and needs may not be adequately represented, and projects or initiatives that could benefit women, such as those related to education, healthcare, or livelihood opportunities, may not receive sufficient attention or support.

          2. Social Impact:

    • Panchayat Pati reinforces gender inequalities and perpetuates traditional gender roles within communities.
    • It hampers women’s ability to exercise agency and engage in community development activities. it diminishes their self-esteem and status within the community.

         3. Political Impact:

    • The practice of Panchayat Pati undermines the principles of democratic representation and participatory governance.
    • It restricts the political agency of women and denies them the opportunity to actively contribute to decision-making processes.
    • Women’s perspectives and priorities often differ from those of men, and their exclusion diminishes the diversity of voices and perspectives in local governance. This can lead to policy decisions that may not adequately address the needs and concerns of women and other marginalized groups.

    Court’s Response

    • Not an Executive Authority: The court acknowledged the issue but emphasized that it is not the role of the judiciary to create a spirit of empowerment.
    • Focus on women empowerment: The court pointed out that preventing influential individuals’ wives from contesting elections is not feasible, and empowering women requires an evolutionary process.
    • Government’s Responsibility: The court highlighted that the Ministry of Panchayati Raj should address the petitioner’s grievance and explore better mechanisms to implement the objectives of women’s reservation.
    • Expert Committee and Support Mechanism: The petitioner suggested the formation of an expert committee and the provision of the right support mechanism for women. However, the court deemed this an unrealistic expectation from the judiciary.

    Way forward

    • Engage Men as Allies: Promote male allies in supporting women’s representation in PRIs. Encourage men to actively advocate for gender equality, challenge patriarchal norms, and work towards creating a more inclusive and equitable political environment.
    • Capacity Building and Leadership Development: Provide training and capacity-building programs for women elected representatives in PRIs.
    • Political Awareness and Participation: Conduct awareness campaigns to educate women about their rights, the importance of political participation, and the impact of their involvement in PRIs.
    • Inter-Gender Dialogues: Organize inter-generational dialogues where older leaders and women can exchange knowledge, experiences, and perspectives. This can help bridge the generation gap, promote inter-generational collaboration, and strengthen the collective power of women in PRIs.

    Conclusion

    • It is the responsibility of the executive authority to find suitable solutions and ensure the effective implementation of women’s reservations in panchayat governance.

    Mains Mark enhancer: Successful Women Sarpanch in India

    • Kali Bein Panchayat, Punjab: Kali Bein Panchayat in Punjab gained recognition for its all-women panchayat led by Sarpanch Bibi Jagir Kaur. Under her leadership, the panchayat focused on various development initiatives, including infrastructure development, water conservation, and women empowerment programs.
    • Mawlynnong, Meghalaya: Mawlynnong, a village in Meghalaya, is known for its clean and well-maintained environment. The village achieved this feat under the leadership of women panchayat leaders who implemented strict cleanliness and waste management measures, making it one of the cleanest villages in Asia.
    • Devdungri, Rajasthan: Devdungri village in Rajasthan is an exemplary case of women’s leadership in panchayats. Women panchayat members successfully implemented initiatives to address issues such as child marriage, female foeticide, and women’s education. Their efforts resulted in significant positive changes in the community.

     

  • The case for a Uniform Civil Code

    Central Idea

    • The constitutional provision for a uniform civil code (UCC) necessitates careful deliberation due to its intricate nature and prevailing misgivings. Regrettably, it is often discussed superficially and without regard for its underlying logic and rationale. Hence, a reality check is imperative to comprehend the true intentions of this constitutional mandate.

    Relevance of the topic

    The debate around UCC has gained momentum. Discussion over its impact on socioeconomic dynamics of the country is crucial.

    Also Recently, The 22nd Law Commission of India has sought fresh suggestions from various stakeholders, including public and religious organisations, on the Uniform Civil Code (UCC).

    Background

    • Constitutional Provision: The constitutional provision for a uniform civil code (UCC) is outlined in Article 44 of the Indian Constitution. It falls under Part IV, which comprises the Directive Principles of State Policy. These principles serve as guiding principles for the governance of the country.
    • Directive Principles of State Policy: The Directive Principles of State Policy are not enforceable by the courts but hold significant importance in shaping legislation and government policies. Article 37 of the Constitution states that although these principles are not legally binding, they are fundamental in the governance of the country.
    • Gradual Implementation: Article 44 emphasizes the gradual implementation of a uniform civil code. It directs the State to endeavour to secure a uniform civil code, indicating that the goal is to be pursued over time through suitable amendments to existing laws and the enactment of new ones.
    • Amendments and Enactments: Over the years, several laws of general applicability have been enacted to address specific issues and promote uniformity to some extent. Examples include the Special Marriage Act 1954, Dowry Prohibition Act 1961, Foreign Marriage Act 1969, and laws related to maintenance, domestic violence, child marriage, and the welfare of parents and senior citizens.

    How the implementation of UCC will impact the society?

    • Equality and Justice: One of the primary objectives of the UCC is to establish equality and justice in matters of personal laws. By ensuring a uniform set of laws applicable to all citizens, irrespective of their religious affiliations, the UCC can eliminate discrimination based on religion and promote equal rights and opportunities for all individuals.
    • Gender Empowerment: Many personal laws in India exhibit gender biases and inequalities. The UCC aims to address these disparities and promote gender justice. By providing equal rights and protections to individuals of all genders, the UCC can contribute to empowering women and ensuring their social, economic, and legal equality.
    • Social Cohesion: The UCC can foster social cohesion by promoting a sense of unity and commonality among diverse religious communities. By removing the perceived preferential treatment of one religious’ community over another in personal laws, the UCC can bridge religious divides and strengthen social harmony.
    • Simplification and Certainty: The existence of multiple personal laws can lead to legal complexities and confusion. Implementing the UCC streamlines and harmonizes various family laws, providing legal certainty and simplifying legal procedures. This simplification can benefit individuals and families by reducing ambiguity and ensuring consistent application of laws across the country.
    • Modernization and Adaptation: Personal laws in India are often rooted in traditional customs and practices that may no longer align with modern societal values and needs. The UCC provides an opportunity to modernize and adapt family laws to reflect contemporary realities. It allows for the incorporation of progressive principles and practices that are more in line with the aspirations of individuals and families in today’s society.
    • Secularism and National Identity: The UCC aligns with the secular fabric of India, emphasizing equal treatment under the law irrespective of religious beliefs. Its implementation reinforces the secular principles of the Indian Constitution and promotes a sense of national identity that transcends religious divisions.
    • Legal Uniformity: The UCC establishes legal uniformity by bringing all citizens under the same set of laws for personal matters. This can enhance the effectiveness and efficiency of the legal system, as well as facilitate ease of understanding and compliance for individuals and legal professionals.

    Existing Flaws in personal laws

    • Gender Inequalities: Many personal laws exhibit gender biases and inequalities. For example, in certain inheritance laws, the rights of women are limited based on their gender, resulting in unequal distribution of property. Similarly, provisions related to marriage, divorce, maintenance, and guardianship often have discriminatory aspects that disadvantage women.
    • Religious Biases: Personal laws are specific to different religious communities and are influenced by religious customs and traditions. While these laws aim to protect the religious rights of individuals, they can also perpetuate biases based on religious identity. This can lead to differential treatment and unequal rights for individuals belonging to different religious communities.
    • Complex and Contradictory Provisions: With multiple personal laws in existence, there is a lack of uniformity and consistency in family law matters. The presence of contradictory provisions across different laws creates confusion and legal complexities. Individuals and families often face challenges in navigating the legal system due to these inconsistencies.
    • Outdated Practices: Some personal laws still incorporate outdated practices and customs that may not align with contemporary societal values and principles of equality. These practices can perpetuate inequality and hinder progress towards a more equitable and inclusive society.
    • Lack of Uniformity: The absence of a uniform civil code results in different personal laws being applicable to individuals based on their religious identity. This lack of uniformity can lead to differential treatment and unequal rights, undermining the principles of equality and justice.
    • Inconsistencies in Adoption Laws: Adoption laws can vary based on religious personal laws. For example, in certain personal laws, a man may require his wife’s consent for adoption, while in others, this requirement may not exist. Such inconsistencies create confusion and challenges in the adoption process.

    Misconceptions surrounding UCC

    • Targeting Muslim Law: One common misconception is that the UCC is solely aimed at doing away with Muslim personal law. This perception has created a misbelief that the UCC is intended to undermine or replace Islamic practices. However, the article clarifies that the objective of the UCC is to establish uniformity in family laws across all communities, not just Muslim law.
    • Archaic and Anti-Women Perception: Another misconception is that Muslim personal law is seen as archaic and anti-women. This misperception overlooks the fact that Islamic law, in its authentic form, recognizes the sanctity of family life and provides grounds for divorce based on irretrievable breakdown. The article points out that distortions and misinterpretations have obscured the true essence of Islamic law.
    • Exclusively Hindu Law Acts: Some proponents of the UCC view the four Hindu law Acts of 1955-56 as the ideal model. However, this perception disregards the fact that these Acts initially contained provisions conflicting with constitutional ideals of religious equality and gender justice. Recent amendments have improved the situation, but there is still room for further progress.
    • Neglecting Local Laws: There are misconception that the UCC ignores certain local laws protected by parliamentary legislation or constitutional safeguards. This perception arises from a lack of consideration for the closing words of Article 44, which state that the UCC should be applicable “throughout the territory of India.” It is important to acknowledge and address the diversity of customary and local laws in the process of implementing a uniform code.
    • Lack of Progress: There is a misconception that there has been no progress towards a uniform civil code. However, the article highlights the enactment of several laws of general application, amendments to personal laws, and the ongoing efforts to bring about gradual uniformity in family laws. These advancements demonstrate progress in the direction of a UCC.

    Way Forward

    • Inclusive and Consultative Approach: The process of formulating a UCC should involve an inclusive and consultative approach. It is important to engage with a diverse range of stakeholders, including legal experts, social reformers, religious leaders, community representatives, and the public at large. This ensures that multiple perspectives are considered and the concerns of different communities are addressed.
    • Drafting a Comprehensive Code: A representative group of acclaimed social reformers and legal academics should collaborate to draft a comprehensive UCC. This draft should be free from religious discrimination and gender inequality, encompassing the principles of equality, justice, and modern societal values.
    • Addressing Concerns and Misconceptions: There should be efforts to address the concerns and misconceptions surrounding the UCC. Clear communication and public discourse can help dispel misconceptions and create a better understanding of the objectives and benefits of a uniform civil code. Engaging with religious leaders and communities in a respectful manner can also help alleviate apprehensions.
    • Gradual Implementation: Given the complexity of personal laws and the diversity of the Indian society, the implementation of the UCC should be gradual. It should involve phased reforms, allowing for a smooth transition and ensuring that the necessary legal infrastructure and awareness are in place. This approach acknowledges the need for careful consideration and adaptation to specific social and cultural contexts.
    • Legislative Process: The draft of the UCC should be presented to the legislature for discussion, debate, and refinement. The involvement of lawmakers in the legislative process ensures democratic scrutiny and allows for amendments based on the inputs and recommendations of various stakeholders.
    • Sensitization and Awareness: Public awareness campaigns and sensitization programs should be conducted to educate the public about the UCC, its objectives, and its potential benefits. This can help build a consensus and generate support among the masses, promoting a smooth implementation process.
    • Judicial Review: The UCC, once enacted, may face legal challenges. The judiciary’s role is crucial in interpreting and upholding the constitutionality of the UCC. Judicial review ensures that the code is consistent with the fundamental rights enshrined in the Indian Constitution and maintains a fair balance between personal freedom and societal interests.

    Conclusion

    • Given the intricacies surrounding the constitutional provision for a uniform civil code, it is crucial to exercise caution and clarity while discussing its aims, objects, and means of implementation. The progress made thus far, as well as the existing flaws in family laws, indicate the need for gradual reforms.

  • A case of unchecked power to restrict e-free speech

    Central idea

    • The recent judgment by the Karnataka High Court dismissing Twitter’s challenge to blocking orders issued by the Ministry of Electronics and Information Technology (MeitY) raises serious concerns about the erosion of free speech and unchecked state power. By imposing an exorbitant cost on Twitter and disregarding established procedural safeguards, the judgment sets a worrisome precedent for content takedowns and hampers the exercise of digital rights.

    *Relevance of the topic

    The concerns raised in the Karnataka High Court judgment are in contrast to the principles established in the Shreya Singhal case.

    Highly relevant with the principles of natural justice and expanded scope of online speech and expression

    Concerns raised over the judgement

    • Ignorance of Procedural Safeguards: The court’s interpretation undermines the procedural safeguards established under the Information Technology Act, 2000, and the Blocking Rules of 2009. By disregarding the requirement to provide notice to users and convey reasons for blocking, the judgment enables the state to restrict free speech without proper oversight, leading to potential abuse of power.
    • Unchecked State Power: The judgment grants the state unchecked power in taking down content without following established procedures. This lack of oversight raises concerns about potential misuse and arbitrary blocking of content, which could lead to the suppression of dissenting voices and curtailment of free speech rights.
    • Expansion of Grounds for Restricting Speech: The court’s reliance on combating “fake news” and “misinformation” as grounds for blocking content goes beyond the permissible restrictions on free speech under Article 19(2) of the Constitution. This expansion of grounds for blocking content raises concerns about subjective interpretations and the potential for suppressing diverse viewpoints and dissent.
    • Chilling Effect on Free Speech: The acceptance of wholesale blocking of Twitter accounts without specific justification creates a chilling effect on free speech. This can deter individuals from expressing their opinions openly and engaging in meaningful discussions, ultimately inhibiting democratic discourse and stifling freedom of expression.
    • Deviation from Judicial Precedent: The judgment deviates from the precedent set by the Supreme Court in the Shreya Singhal case, which upheld the constitutionality of Section 69A while emphasizing the importance of procedural safeguards.

    Shreya Singhal case for example

    • The Shreya Singhal case is a landmark judgment by the Supreme Court of India that has significant implications for freedom of speech and expression online.
    • In this case, the Supreme Court struck down Section 66A of the Information Technology Act, 2000, as unconstitutional on grounds of violating the right to freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution.
    • The judgment in the Shreya Singhal case is significant in the context of freedom of speech and expression because it reinforces several principles:
    • Overbreadth and Vagueness: The court emphasized that vague and overly broad provisions that can be interpreted subjectively may lead to a chilling effect on free speech. Section 66A, which allowed for the punishment of online speech that caused annoyance, inconvenience, or insult, was considered vague and prone to misuse, leading to the restriction of legitimate expression.
    • Requirement of Procedural Safeguards: The Supreme Court highlighted the importance of procedural safeguards to protect freedom of speech. It stated that any restriction on speech must be based on clear and defined grounds and must be accompanied by adequate procedural safeguards, including the provision of notice to the affected party and the opportunity to be heard.
    • Need for a Direct Nexus to Public Order: The judgment reiterated that restrictions on speech should be based on specific grounds outlined in Article 19(2) of the Constitution. It emphasized that there must be a direct nexus between the speech and the threat to public order, and mere annoyance or inconvenience should not be a ground for restriction.

    Its impact on freedom of speech and expression

    • Undermining Freedom of Speech: The judgment undermines freedom of speech and expression by allowing the state to exercise unchecked power in taking down content without following established procedures. This grants the state the ability to curtail speech and expression without proper justification or recourse for affected parties.
    • Prior Restraint: The judgment’s acceptance of wholesale blocking of Twitter accounts, without targeting specific tweets, amounts to prior restraint on freedom of speech. This restricts future speech and expression, contrary to the principles established by the Supreme Court.
    • Lack of Procedural Safeguards: The judgment disregards procedural safeguards established in previous court rulings, such as the requirement for recording a reasoned order and providing notice to affected parties. This lack of procedural safeguards undermines transparency, accountability, and the protection of freedom of speech and expression.
    • Unchecked State Power: Granting the state unfettered power in content takedowns without proper oversight or recourse raises concerns about abuse and arbitrary censorship. It allows the state to remove content without clear justifications, potentially stifling dissenting voices and limiting the diversity of opinions.
    • Restricting Online Discourse: By restricting the ability of users and intermediaries to challenge content takedowns, the judgment curtails the online discourse and hampers the democratic values of open discussion and exchange of ideas on digital platforms.
    • Disproportionate Impact on Digital Rights: The judgment’s disregard for procedural safeguards and expanded grounds for content takedowns disproportionately affect digital rights. It impedes individuals’ ability to freely express themselves online, limiting their participation in public discourse and impacting the vibrancy of the digital space.

    Way forward

    • Strengthen Procedural Safeguards: It is essential to reinforce procedural safeguards in the process of blocking content. Clear guidelines should be established, including the provision of notice to affected users and conveying reasons for blocking. This ensures transparency, accountability, and the opportunity for affected parties to challenge the blocking orders.
    • Uphold Judicial Precedents: It is crucial to adhere to established judicial precedents, such as the principles outlined in the Shreya Singhal case. Courts should interpret laws relating to freedom of speech and expression in a manner consistent with constitutional values, protecting individual rights and ensuring a robust and inclusive public discourse.
    • Review and Amend Legislation: There may be a need to review and amend relevant legislation, such as Section 69A of the Information Technology Act, to address the concerns raised by the judgment. The legislation should clearly define the grounds for blocking content and ensure that restrictions are based on constitutionally permissible grounds, protecting freedom of speech while addressing legitimate concerns.
    • Promote Digital Literacy: Enhancing digital literacy among citizens can empower individuals to navigate online platforms responsibly, critically evaluate information, and exercise their freedom of speech effectively. Educational initiatives can focus on teaching digital literacy skills, media literacy, and responsible online behavior.
    • Encourage Public Discourse and Open Dialogue: It is important to foster an environment that encourages open discourse and dialogue on matters of public interest. Platforms for discussion and debate should be facilitated, providing individuals with opportunities to express their opinions, share diverse perspectives, and engage in constructive conversations.
    • International Collaboration: Collaboration with international stakeholders and organizations can contribute to promoting and protecting freedom of speech and expression in the digital realm. Sharing best practices, lessons learned, and cooperating on global norms and standards can strengthen the protection of these rights across borders

    Conclusion

    • The Karnataka High Court’s judgment undermines procedural safeguards, erodes the principles of natural justice, and grants unchecked power to the state in removing content it deems unfavorable. This ruling, coupled with the recently amended IT Rules on fact-checking, endangers free speech and digital rights. It is crucial to protect and uphold the right to free speech while ensuring that restrictions are justified within the confines of the Constitution

  • PRISM: 24-hr hotline for MPs Research

    Central Idea

    • Lok Sabha Speaker has established ‘PRISM’ a 24-hour research reference telephone hotline for Members of Parliament (MPs) to provide assistance with policy issues.

    What is PRISM?

    • The Parliamentary Research and Information Support for Members of Parliament (PRISM) offers round-the-clock services, including weekends during Parliament Sessions.
    • It aims to support first-term MPs and those without extensive secretarial teams who may find it daunting to speak in Parliament on policy matters.
    • A team of 30-32 officers serves on the hotline on a rotational basis to provide research and reference support.

    Usage and Enquiries

    • Between 2019 and 2023, 87% of MPs have utilized either online or offline reference services, which are also shared through WhatsApp and email.
    • Enquiries mainly focused on bills such as the Juvenile Justice Bill, Wildlife Protection Bill, and short-duration discussions on topics like climate change, drug abuse, and price rise.

    Need for PRISM

    • First-term MPs often face challenges when asked to speak on bills without extensive research support.
    • The hotline and reference services have proven invaluable in assisting MPs, allowing them to contribute effectively to debates and discussions.
    • The initiative has particularly aided MPs who may not be proficient in English or Hindi, enabling them to raise pertinent issues in Parliament.

    Significance

    • Parliament can be a fragmented environment, with various cliques and clubs forming over the years.
    • Backbenchers, in particular, often spend much time in obscurity.
    • The research and reference services provided by PRISM can make these years on the backbench more productive by facilitating informed participation in policy debates.

     

  • Criminalization of Politics: Why ADR has approached the ECI?

    Central Idea

    • The Association for Democratic Reforms (ADR), an electoral watchdog, has written to the Election Commission seeking action against political parties that fail to disclose details of candidates’ criminal cases as mandated by the Supreme Court.
    • The ADR highlights the non-compliance of parties in publishing such information and urges strict action to be taken against defaulting parties.

    About ADR

    Concerns raised by ADR

    • Alarming Statistics: It revealed 43% of newly-elected MPs in 2019 had pending criminal cases.
    • Non-Compliance: ADR reveals political parties flouting Supreme Court’s orders and ECI’s directions.
    • Shortcomings in Forms: ADR identifies shortcomings in the prescribed forms (C2 and C7) used by parties.
    • Inaccessible Information: Many parties lack functional websites or fail to provide accessible links.
    • Improper Justifications: Parties cite “winnability” and popularity as reasons for selecting candidates with criminal records, contrary to the Supreme Court’s ruling.

    Supreme Court’s Mandate (2018)

    • Disclosure Directive: Supreme Court has mandated parties to disclose candidates’ criminal cases on their websites.
    • Prescribed Format: Election Commission of India (ECI) specifies the format for publishing this information.
    • Bold Publication: Supreme Court ordered parties to publish criminal case details prominently.
    • Candidate Obligation: Candidates with pending cases must inform the party about their criminal antecedents.
    • Multiple Publications: Parties and candidates must publish the information multiple times after filing nominations.

    ADR’s Action and Demands

    • Adherence Supreme Court’s Directive: ADR directed to pursue remedies with the ECI.
    • Demanding Strict Action: ADR urges the ECI to take strict action against defaulting parties, including possible de-registration.
    • Transparency and Accountability: ADR calls for the publication of a list of defaulting parties and the imposition of fines.

    Conclusion

    • Urgent Action Needed: ADR’s letter emphasizes the need for action against parties failing to disclose candidates’ criminal cases as mandated by the Supreme Court.
    • Upholding Transparency: Strict enforcement of these orders is essential to maintain transparency and prevent the criminalization of politics.