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Subject: Polity

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

    What’s the news?

    • The recent discussions over the Digital Personal Data Protection (DPDP) Bill have brought to light an important constitutional question – Is it a Money Bill or an Ordinary Bill? The distinction between these two types of bills holds significant implications for the legislative process and decision-making.

    Central Idea

    • In a recent statement, Parliamentary Affairs Minister Pralhad Joshi clarified that the DPDP Bill is a regular Bill and not a Money Bill. This clarification comes against the backdrop of earlier reports suggesting that the Bill was being introduced under Article 117 of the Constitution, which deals with special provisions for Finance Bills.

    What is a Finance Bill?

    1. Definition: A Finance Bill is a type of Financial Bill that relates to revenue or expenditure matters.
    2. Money Bill Criteria: A Finance Bill becomes a Money Bill when it exclusively deals with matters specified in Article 110(1)(a) to (g) of the Constitution.
    • Classification of Finance Bills
    1. Category 1: Financial Bills related to Article 110(1)(a) to (f):
      • Introduced or moved only on the President’s recommendation.
      • Cannot be introduced in the Rajya Sabha.
      • Examples: Money Bills and other Financial Bills originating solely in the Lok Sabha.
    2. Category 2: Financial Bills related to other matters (Article 110(1)(g)):
      • Similar to ordinary Bills.
      • Require the President’s recommendation if they involve expenditure from the Consolidated Fund of India.
      • It can be introduced in the Rajya Sabha, amended by it, or deliberated by both Houses in a joint sitting.

    Money Bill Requirements

    • Exclusivity: A Money Bill must exclusively deal with matters specified in Article 110(1)(a) to (g).
    • Certification: A Money Bill must be certified by the Speaker.

    Preconditions for a Financial Bill to become a money bill

    • Introduction: Must be introduced only in the Lok Sabha and not in the Rajya Sabha, as per Article 117(1) of the Constitution.
    • President’s Recommendation: Can only be introduced on the President’s recommendation, as per Article 117(1) of the Constitution.

    Key Differences between Finance Bills and Money Bills

    • Scope: Finance Bills cover general revenue and expenditure matters, while Money Bills exclusively address specific matters listed in Article 110(1)(a) to (g).
    • Introduction: Finance Bills can be introduced in either House, but Money Bills can only be introduced in the Lok Sabha.
    • President’s Recommendation: Finance Bills require the President’s recommendation if they involve expenditure, while Money Bills always require the President’s recommendation.
    • Rajya Sabha’s Role: The Rajya Sabha can discuss and recommend amendments for Finance Bills, but its role is limited for Money Bills. The Lok Sabha can reject the Rajya Sabha’s recommendations for Money Bills.

    Important Legal Perspective

    • 2017 Finance Act:
    • In November 2019, a Constitution Bench of the Supreme Court, headed by the then Chief Justice of India, Ranjan Gogoi, struck down amendments to the 2017 Finance Act passed as a Money Bill.
    • The court directed the formulation of fresh norms for appointing tribunal members and raised questions about the correct interpretation of Article 110. The matter was referred to a seven-judge bench.
    • 2016 Aadhaar Act:
    • The Supreme Court also expressed doubts over its 2018 verdict upholding the 2016 Aadhaar Act, which was passed as a Money Bill.
    • Review petitions regarding the Aadhaar Act are still pending before the court.

    Conclusion

    • The distinction between Money Bills and Financial Bills is essential for understanding the legislative process and the powers of the two Houses of Parliament. The role of the Supreme Court in interpreting and upholding the constitutional validity of various Bills remains critical to ensuring a robust and accountable legislative framework.

  • Post-1957, President retains power to scrap Article 370: Supreme Court

    Central Idea

    • The Supreme Court deliberated on the President’s power to declare Article 370 of the Constitution, which granted special status to J&K, inoperative after the dissolution of the State’s Constituent Assembly in 1957.
    • The court questioned whether the Constituent Assembly’s dissolution nullifies the substantive part of Clause 3 in Article 370.
    • Senior counsel argued that Article 370 cannot be revoked after the Constituent Assembly’s dissolution, but the court questioned the extent of the President’s powers.

    Also read:

    [Burning Issue] Reorganization of Jammu and Kashmir

    Historical Context of Article 370

    • The Constituent Assembly of J&K was a temporary body convened for drafting the State’s Constitution, becoming functus officio after its completion.
    • Article 370 was considered “temporary” because it allowed the people of J&K to determine their Constitution and the jurisdiction of Union of India.
    • The collaborative relationship between the Union and J&K, with constant dialogue and parliamentary laws applying to J&K through Constitution Orders, was disrupted by the abrogation of special constitutional status in 2019.

    Contentions raised against A370 Revocation

    • Constituent Assembly’s Role: The provision requiring the J&K Constituent Assembly’s recommendation for abrogation has no application, given its specific purpose was to draft the State’s Constitution.
    • Impact on Democracy: The argument raised concerns about silencing the people’s will in J&K, where representative democracy had been absent for five years. The State’s unique relationship with India was emphasized.
    • Parliament’s Authority: The counsel questioned Parliament’s authority to declare itself the legislature of J&K and abrogate Article 370, asserting that Parliament could not act outside the Constitution.
    • Temporary Provision: It was clarified that Article 370 was mentioned as a “temporary” provision because it allowed the people of J&K to determine their future through their Constituent Assembly.

    Conclusion

    • The Supreme Court’s examination of the President’s power over Article 370 after the Constituent Assembly’s dissolution raises significant questions about the unique constitutional structure and the collaboration between the Union and J&K.
    • The verdict will determine whether Article 370 remains operative and its implications on the historical relationship between the State and the Union.

  • What is No-Confidence Motion?

    Central Idea

    • Opposition parties belonging to the new Alliance INDIA plan to move a no-confidence motion against the government to force the PM to speak on Manipur unrest.

    Motion of No-Confidence

    • In the Indian parliamentary system, a motion of no-confidence plays a crucial role in assessing the government’s strength and accountability.
    • This motion allows opposition parties or any member to express their lack of confidence in the Council of Ministers, leading to a significant political event.

    Procedure for No-Confidence Motion:

    • Rule 198: The procedure for a no-confidence motion is laid down under Rule 198 of the rules of procedure and conduct of the Lok Sabha.
    • Absence of Grounds: Such does not require specific grounds to be mentioned in the motion, and even if mentioned, these grounds do not form part of the motion.
    • Lok Sabha Exclusive: It can only be moved in the Lok Sabha and not in the Rajya Sabha.
    • Written Notice: Any member of the Lok Sabha can move a no-confidence motion by providing a written notice before 10 am.
    • Acceptance and Discussion: For the motion to be accepted, a minimum of 50 members must support it. Once accepted, the Speaker announces the date for the motion’s discussion within 10 days.
    • Voting: Voting can be conducted through a voice vote, division vote (using electronic gadgets, slips, or a ballot box), or a secret ballot vote.

    Implications of Voting

    • Majority Decision: Following the vote, the side with the majority determines the motion’s outcome.
    • Speaker’s Role: In the event of a tie, the Speaker casts the deciding vote to resolve the impasse.

    Outcomes

    • Government Resignation: If the government fails to prove its majority in the House, it is obligated to resign from power.
    • Political Impact: A successful no-confidence motion can lead to significant political changes and reshuffling of the government.

    Try this PYQ:

    Q. Consider the following statements regarding a No-Confidence Motion in India:

    1. There is no mention of a No-Confidence Motion in the Constitution of India.
    2. A Motion of No-Confidence can be introduced in the Lok Sabha only.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

     

    [wpdiscuz-feedback id=”wqb9321gz5″ question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

  • Child, law, and consensual sex

    What’s the news?

    • The recent High Court decisions have brought to the forefront the complexities surrounding consent and the age of consent under POCSO.

    Central Idea

    • In recent months, several High Courts have either quashed FIRs or acquitted accused persons under the Protection of Children from Sexual Offences (POCSO) Act, 2012, citing consensual sex as the reason. These decisions raise critical questions about the interpretation of consent and the age of consent, necessitating a thorough examination to ensure the best interests of the child.

    Defining consent and the age of consent

    • Consent:
    • In the context of sexual relationships, consent is an explicit and voluntary agreement between individuals to engage in sexual activity. It must be given without any form of coercion, manipulation, or pressure.
    • The concept of consent is crucial in promoting healthy and respectful relationships and preventing sexual misconduct.
    • Age of Consent:
    • The age of consent is a legal designation that specifies the minimum age at which an individual is considered capable of providing informed and lawful consent to engage in sexual activities.
    • In the case of the Protection of Children from Sexual Offences (POCSO) Act, 2012, a child is defined as any person below the age of 18 years.
    • Acts of penetrative sexual assault committed on children are considered criminal offenses under this act, regardless of their consent.

    Recent High Court decisions regarding cases related to the POCSO Act

    • Delhi High Court (July 12): The court granted bail to a 25-year-old accused, reasoning that the 15-year-old girl had eloped with him on her own and did not support the prosecution’s claim of sexual assault.
    • Bombay High Court (July 10): The court quashed the conviction of a 25-year-old man under POCSO, stating that he had engaged in consensual sex with a 17-year-old girl. The girl had terminated her pregnancy after the accused was arrested.
    • Madras High Court (July 7): The court quashed an FIR registered under POCSO and all related criminal proceedings. Furthermore, it directed the Director General of Police to produce reports of all such pending cases before the Court.
    • Madhya Pradesh High Court (June 27): The court quashed an FIR registered under POCSO and all criminal proceedings, stating that the sexual relationship was consensual. The judgment did not mention the age of the accused, who happened to be the coach of the victim. Additionally, the Court recommended that the Indian government consider reducing the age of consent of the prosecutrix from 18 to 16 years.

    Challenges and concerns over the recent High Court decisions

    • Interpretation of Consent: One of the significant challenges lies in the interpretation of consent in cases involving minors. While the age of consent is legally defined as 18 years in India under POCSO, some High Courts acquitted accused individuals based on the premise of consensual sex, even when the victims were below the age of 18.
    • Age Disparity: In some of the cases, there was a considerable age difference between the prosecutrix (the victim) and the accused. Despite this age disparity, the courts did not take it into account while delivering their judgments.
    • Deterrence Factor: The harsh minimum imprisonment terms under POCSO for sexual offenses against minors, such as 10 years and 20 years for penetrative sexual assault and aggravated penetrative sexual assault, respectively, may have influenced the reluctance of courts to convict accused individuals in consensual sex cases.
    • Legal Presumption: POCSO includes a mandatory legal presumption in favor of the victims. However, in some of the recent judgments, the High Courts did not consider this presumption, leading to questions about the application of the law in protecting the interests of the child victims.
    • Child Welfare: The primary objective of POCSO is to safeguard children from sexual offenses, irrespective of consent. The recent decisions have sparked debates about whether these judgments truly serve the best interests of the child, or if they may unintentionally undermine the protective intent of the law.
    • Need for Judicial Consistency: Inconsistencies in judgments by different High Courts create uncertainty in the legal system. Ensuring consistency in interpreting the law is essential for upholding the ‘Best Interests of the Child’ and maintaining public trust in the justice system.

    Role of the Supreme Court in resolving the discrepancies

    • As reducing the age of consent falls under the jurisdiction of Parliament, the Supreme Court must play a crucial role in resolving the discrepancies between the laid-down law and the various interpretations by different High Courts.
    • This is particularly relevant given the Supreme Court’s previous judgment in Independent Thought v. Union of India (2017) wherein it held that even sexual intercourse with a minor wife is rape

    Steps to address these gaps quickly

    • Analyze Cases: The Bureau of Police Research and Development should analyze cases of consensual sex, age-wise, across different states. This analysis can help the Central government make informed decisions regarding the age of consent and its potential reduction.
    • Reduce Harsh Minimum Imprisonment: The minimum imprisonment terms for sexual offenses under POCSO should be re-evaluated. Instead of acting as a benefit to the accused, the punishment should act as a deterrent and ensure justice for child victims.
    • Judicial Leeway in Age of Consent: Consider granting some leeway to the judiciary in interpreting consent in cases where the victim is of lower age based on the child’s understanding of consequences. This would allow for a more nuanced approach to cases involving minors.
    • Uphold the Best Interest of the Child: The ‘Best Interests of the Child’ principle should be a guiding factor in all decisions related to POCSO cases. The welfare and well-being of the child victims should be the paramount consideration.
    • Supreme Court Intervention: The Supreme Court must intervene promptly to address the gap between the laid down law and the different interpretations by the High Courts. Its role is crucial in ensuring consistency and uniformity in the application of the law.
    • Legislative Review: The Parliament should consider reviewing the age of consent in light of the recent High Court decisions and expert analyses. Any potential reduction in the age of consent should be done thoughtfully, with the ‘Best Interests of the Child’ as the primary concern.
    • Public Awareness: Launch public awareness campaigns to educate the public about the importance of protecting children from sexual offenses and the legal rights of child victims.
    • Specialized Training: Provide specialized training to judges, prosecutors, and lawyers on child protection laws and the Best Interests of the Child principle to enhance their understanding of the unique needs and vulnerabilities of child victims

    Conclusion

    • Striking a balance between protecting children from sexual assault and considering their understanding of consent is essential. It is imperative for the Supreme Court and the legislature to address this issue promptly to ensure the welfare and safety of children across the country.

    Also read:

    Reviewing the Age of Consent Under POCSO Act

     

  • Adjournment Motion in Indian Parliament

    Central Idea

    • During the monsoon Session of Parliament, Opposition parties demanded discussions on alleged sexual assaults in Manipur and ongoing ethnic violence.
    • Many MPs moved adjournment motions, leading to the Lok Sabha’s adjournment.

    Let’s explore the various motions raised in Indian Parliament and their significance.

    (A) Short Duration Discussion (Rule 193)

    • Applicability: This procedure is available in both Lok Sabha and Rajya Sabha.
    • Description: A short-duration discussion can take place when the Chairman or Speaker believes that a matter is urgent and of sufficient public importance. The discussion can last for a maximum of two and a half hours.

    (B) Motion with a Vote (Rule 184)

    • Applicability: This motion is relevant in Lok Sabha.
    • Description: If a motion meets certain conditions, such as not containing defamatory statements, being on a matter of recent occurrence, and not being pending before any statutory authority or court of enquiry, it can be admitted. The Speaker can then allocate a time period for the discussion. This type of motion involves a vote to determine Parliament’s position on the issue and requires the government to follow Parliament’s decision.

    (C) Adjournment Motion

    • Applicability: The adjournment motion is relevant only in Lok Sabha and is not available in Rajya Sabha.
    • Description: An adjournment motion is moved to discuss a “definite matter of urgent public importance” with the Speaker’s consent. The notice for this motion must be given before 10 AM on a given day to the Lok Sabha Secretary-General. The motion must meet specific criteria to be admitted. The passage of an adjournment motion does not require the government to resign but is seen as a strong censure of the government.

  • Eighth Schedule of Indian Constitution

    langauge eighth

    Central Idea

    • The Supreme Court said it cannot direct the Centre to include Rajasthani as an official language in the Eighth Schedule of the Constitution.

    About Eighth Schedule

    • The Eighth Schedule outlines the official languages of the Republic of India.
    • Articles 344(1) and 351 of the Constitution contain constitutional provisions relating to the Eighth Schedule.
    • It was originally created to grant representation on the Official Languages Commission and enrich Hindi and English, the official languages of the Union.
    • Candidates appearing for public service examinations have the privilege of using any language from the Eighth Schedule as a medium to answer the exam papers.
    Article 344(1): It mandates the appointment of a Commission by the President after 5 years from the date the Constitution comes into effect.

    Article 351: It places the responsibility on the Union to promote and develop the Hindi language, enabling it to be a medium of expression for India’s diverse cultural elements.

    Article 351(1): The President is required to establish a commission every five years, and subsequently every ten years, with a chairman and members representing languages listed in the Eighth Schedule. The primary role is to provide advice to the President on the effective use of Hindi for official purposes by the GOI.

    Languages included

    • 22 languages: Assamese, Bengali, Bodo, Dogri, Gujarati, Hindi, Kannada, Kashmiri, Konkani, Maithili, Malayalam, Manipuri, Marathi, Nepali, Odia, Punjabi, Sanskrit, Santali, Sindhi, Tamil, Telugu, and Urdu.
    • Classical Languages among these: Tamil (declared in 2004), Sanskrit (2005), Kannada (2008), Telugu (2008), Malayalam (2013), and Odia (2014).

    Chronological Additions

    • 1950: The Constitution initially included 14 languages in the Eighth Schedule.
    • 1967: Sindhi was added through the 21st Constitutional Amendment Act.
    • 1992: Konkani, Manipuri (Meitei), and Nepali were included through the 71st Constitutional Amendment Act.
    • 2003: Bodo, Dogri, Maithili, and Santali were added through the 92nd Constitutional Amendment Act.
    • 2011: The spelling “Oriya” was replaced with “Odia” through the 96th Constitutional Amendment Act.

    Try this PYQ:

    Consider the following languages:

    1. Gujarati
    2. Kannada
    3. Telugu

    Which of the above has/have been declared as ‘Classical Language / Languages’ by the Government?

    (a) 1 and 2 only

    (b) 3 only

    (c) 2 and 3 only

    (d) 1, 2 and 3

     

    [wpdiscuz-feedback id=”unf849h9qq” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

  • Opposition calls for President’s Rule in Manipur

    manipur president rule
    PC: The Hindu

    Central Idea

    • A political party has called for the dismissal of the state government in Manipur and immediate imposition of President’s Rule to initiate a peace process under a neutral administration.

    What is President’s Rule?

    • Article 356 of the Indian Constitution, commonly known as President’s Rule, empowers the President to impose central rule in a state where the constitutional machinery has broken down.
    • While initially intended for extraordinary circumstances, it has often been misused by central governments for political purposes.

    Provisions of Article 356:

    • Imposition of President’s Rule: Article 356 allows the President to withdraw the executive and legislative powers of a state government when it cannot function in accordance with the Constitution.
    • Triggering factors: The President can invoke Article 356 based on a report from the Governor or suo motu if the constitutional machinery has broken down in the state.
    • Duration: It can be imposed for six months at a time, with a maximum duration of three years.
    • Parliamentary approval: Every six months, Parliament’s approval is required to continue the imposition of President’s Rule.

    Historical Origins

    • Inspiration from the Government of India Act, 1935: Article 356 was inspired by Section 93 of this act, which allowed the Governor of a province to assume the powers of the government under certain circumstances.
    • Controlled democracy: The provision provided some autonomy to provincial governments while enabling British authorities to exercise ultimate power when necessary.

    Political Misuse of Article 356

    • Early instances: During Congress dominance, Article 356 was used against governments of the Left and regional parties in states. Jawaharlal Nehru’s government utilized it six times until 1959, including to dislodge Kerala’s elected communist government.
    • Increasing misuse: In subsequent decades, Article 356 was used frequently against state governments by various central governments, including those led by Indira Gandhi and the Janata Party.

    Landmark Judgment: S R Bommai Case

    • Landmark Supreme Court ruling: In the 1994 R. Bommai v. Union of India case, the Supreme Court provided detailed guidelines on the use of Article 356.
    • Specific instances for imposition: The court stated that President’s Rule can be invoked in cases of physical breakdown of the government or a ‘hung assembly.’
    • Curbing arbitrary use: The judgment emphasized the need to give the state government a chance to prove its majority or instances of violent breakdown before imposing President’s Rule.

    Try this PYQ:

    Which of the following are not necessarily the consequences of the proclamation of the President’s rule in a State?

    1. Dissolution of the State Legislative Assembly
    2. Removal of the Council of Ministers in the State
    3. Dissolution of the local bodies

    Select the correct answer using the code given below:

    (a) 1 and 2

    (b) 1 and 3

    (c) 2 and 3

    (d) 1, 2 and 3

     

    [wpdiscuz-feedback id=”v9p0oai83g” question=”Please leave a feedback on this” opened=”1″]Post your answers here. [/wpdiscuz-feedback]

     

  • What is an adjournment motion, moved by Congress MPs in Parliament?

    adjournment

    What’s the news?

    • In the second day of the Monsoon Session of Parliament, the Lok Sabha witnessed adjournment proceedings as Opposition parties demanded an urgent discussion on the alleged sexual assault of women in Manipur amid the ongoing ethnic violence in the state.

    Central idea

    • Congress MPs moved adjournment motions, urging Prime Minister Narendra Modi to address the matter and uphold the government’s constitutional commitment to protect religious minorities and Scheduled Tribes. This article will delve into the concept of adjournment motions and their differences from other parliamentary motions raised in Indian Parliament.

    What is an adjournment motion?

    • An adjournment motion is a parliamentary procedure used to raise an issue of urgent public importance that requires immediate discussion and debate.
    • It allows Members of Parliament (MPs) to interrupt the regular business of the house and seek the attention of the entire house on a specific matter that is deemed pressing and critical.
    • Adjournment motion can be moved in the Lok Sabha by any member who seeks the Speaker’s consent to discuss a definite matter of urgent public importance.
    • The notice for an adjournment motion must be given before 10 am to the Lok Sabha Secretary-General on the day it is to be raised.

    Parliamentary Procedures in Indian Parliament

    • Members of Parliament in both the Lok Sabha and Rajya Sabha have various procedures to draw attention to relevant issues.
    • There are four main procedures under which discussions can take place in the Lok Sabha – a debate without voting under Rule 193, a motion (with a vote) under Rule 184, an adjournment motion, and a no-confidence motion.
    • Similar measures, except no-confidence motion, also exist in the Rajya Sabha.

    Rule 193: Short Duration Discussion

    • Under Rule 193 of the Lok Sabha’s rules and Rule 176 of the Rajya Sabha’s rules, Short Duration Discussions can take place.
    • These discussions require the Chairman or Speaker’s satisfaction that the matter is urgent and of sufficient public importance.
    • The Chairman or Speaker can then fix a date for discussion, allowing a time period of up to two and a half hours.
    • Disagreements over the rule to invoke led to the adjournment of the Rajya Sabha on the issue of Manipur.

    Rule 184: Motion with a Vote

    • A motion on a matter of general public interest can be admitted under Rule 184 if it satisfies certain conditions.
    • The motion should not contain arguments, inferences, ironical expressions, imputations, or defamatory statements.
    • It must be restricted to a recent occurrence and cannot pertain to a matter pending before any statutory authority, commission, or court of enquiry.
    • The Speaker can allow such a motion to be raised at his own discretion, and a time period for discussion can be allotted.

    Significance of the adjournment motion

    • It allows the Parliament to discuss pressing matters promptly, ensuring that critical issues do not get overlooked or delayed.
    • It serves as a tool for holding the government accountable for its actions or inactions.
    • By raising urgent matters and initiating discussions, MPs can seek clarifications, explanations, and government responses, which promotes transparency in governance.
    • The discussions resulting from an adjournment motion bring urgent matters into the public domain, raising awareness among citizens about significant issues affecting the country.
    • The government is obligated to address the concerns raised during the adjournment motion debate.
    • It provides an opportunity for the government to present its stance, actions, and plans to address the issue, thus ensuring greater accountability.
    • It empowers the Opposition to raise important issues and bring government shortcomings to the forefront.
    • It gives them a platform to voice dissent and critique government policies, fostering healthy democratic debates.

    Criticisms over the adjournment motion

    • The adjournment motion, once admitted, disrupts the regular proceedings of the house.
    • Other important legislative business, debates, or bills scheduled for that session may get delayed or postponed, affecting the overall productivity of the Parliament.
    • The debate resulting from an adjournment motion can be time-consuming
    • Some critics argue that the adjournment motion overlaps with other parliamentary motions, such as the calling attention motion and the motion for an urgent discussion, which also provide opportunities to discuss urgent matters.
    • In some cases, the adjournment motion can be misused for political purposes rather than genuinely addressing urgent matters.
    • While the adjournment motion raises urgent matters and demands government attention, it does not guarantee immediate action or resolution.

    Conclusion

    • The recent demand for an urgent discussion on the ethnic violence in Manipur through an adjournment motion resulted in the Lok Sabha’s adjournment. Parliament has various procedures to address relevant issues, each with its own set of conditions and implications. As the proceedings are set to resume, it remains to be seen how the government and Opposition parties will navigate the demands for discussion on this critical matter.

    Also read:

    Short Duration Discussions in Parliament

  • Section 69 (A) of IT Act

    Central Idea

    • The Indian government has exercised its powers under Section 69(A) of the Information Technology Act, 2000.
    • It requested Twitter and other social media platforms to remove a video depicting the naked parade and sexual assault of two Manipur women.

    What is Section 69(A) of the IT Act?

    • Empowering Content Takedown: Section 69(A) allows the government to issue content-blocking orders to online intermediaries like ISPs, web hosting services, search engines, etc.
    • Grounds for Blocking: Content can be blocked if it is considered a threat to India’s national security, sovereignty, public order, or friendly relations with foreign states, or if it incites the commission of cognizable offenses.
    • Review Committee: Requests made by the government for blocking content are sent to a review committee, which issues the necessary directions. Such orders are typically kept confidential.

    Supreme Court’s Verdict on Section 69(A)

    • Striking Down Section 66A: In the case of Shreya Singhal vs. Union of India (2015), the Supreme Court struck down Section 66A of the IT Act, which penalized the sending of offensive messages through communication services.
    • Section 69(A) Validated: The Court upheld the constitutionality of Section 69(A) of the Information Technology Rules 2009, noting that it is narrowly drawn and includes several safeguards.
    • Limited Blocking Authority: The Court emphasized that blocking can only be carried out if the Central Government is satisfied about its necessity, and the reasons for blocking must be recorded in writing for legal challenges.

    Other Rulings on Section 69(A)

    • Twitter’s Challenge: Twitter approached the Karnataka High Court in July last year, contesting the Ministry of Electronics and Information Technology’s (MeitY) content-blocking orders issued under Section 69(A).
    • Court’s Dismissal: In July of this year, the single-judge bench of the Karnataka HC dismissed Twitter’s plea, asserting that the Centre has the authority to block tweets.
    • Extending Blocking Powers: Justice Krishna D Dixit ruled that the Centre’s blocking powers extend not only to single tweets but to entire user accounts as well.

    Conclusion

    • The application of Section 69(A) has been a subject of legal and societal debate, as it aims to balance national security and public order concerns with the protection of free speech and expression.

  • Short Duration Discussions in Parliament

    Central Idea

    • The Opposition called for the suspension of all other business under Rule 267 to discuss the Manipur issue, while the government preferred a “Short Duration Discussion” under Rule 176.
    • Understanding the nuances of these rules and their implications is essential for effective parliamentary discussions.

    Rule 267: Suspension of Business

    • Overview: Rule 267 allows Rajya Sabha MPs to suspend all listed business and engage in discussions on matters of national importance.
    • Consent and Suspension: As per the Rules of Procedure and Conduct of Business in Rajya Sabha, any member can seek the Chairman’s consent to suspend the application of a rule related to the day’s listed business.
    • Temporary Suspension: If the motion receives approval, the concerned rule is temporarily suspended.

    Short Duration Discussions under Rule 176

    • Brief Duration Discussions: Rule 176 facilitates short-duration discussions in Rajya Sabha, lasting up to two-and-a-half hours.
    • Notice and Explanatory Note: MPs desiring to raise urgent public matters must provide a written notice to the Secretary-General, including an explanatory note justifying the discussion.
    • Scheduling and Procedure: The Chairman, in consultation with the Leader of the Council, schedules the discussion without formal motions or voting.
    • Statement and Reply: The member who issued the notice presents a brief statement, followed by a concise reply from the Minister.

    Contention Surrounding Rule 267

    • Opposition’s Discontent: The Opposition expresses discontent as their notices under Rule 267 have not been addressed recently.
    • Past Precedents: In the past, several discussions on diverse subjects occurred under this rule during different Chairmen’s tenures.
    • Misuse of Rule: Experts suggest that Rule 267 is being misused as a substitute for the adjournment motion in Lok Sabha, where discussions involve motions with elements of censure, which do not apply to Rajya Sabha.

    Why discuss this?

    • Parliamentary debates hold significant value in addressing pressing public matters and discussing issues critical to the nation.
    • They provide a platform for representatives from various political parties to engage in informed discussions, leading to more effective decision-making and improved governance.