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Subject: Polity

  • 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.

     

  • Census unlikely before 2024 Lok Sabha polls

    census

    Central Idea

    • Deadline extension: The deadline to freeze administrative boundaries for the Census in India has been extended till December 31, ruling out the possibility of conducting the Census before the 2024 General Elections.

    What is Census of India?

    • The Census of India is a large-scale population survey conducted by the Government of India.
    • It aims to gather detailed information about the population, demographics, and socio-economic characteristics of the country.

    Historical Background

    • Inaugural Census: The first complete Census of India was conducted in 1881 during British rule.
    • Institutional Framework: Since 1949, the Registrar General and Census Commissioner of India, under the Ministry of Home Affairs, have been responsible for conducting the Census.
    • Legal Framework: The Census of India Act, 1948 provides the legal basis for conducting the census.

    Extension of Deadline and Administrative Changes

    • Order by Registrar General: The office of the Registrar General of India issued an order extending the date of freezing boundaries for the Census to January 1, 2024.
    • Instructing State governments: The Directorate of Census Operations has been instructed to inform State governments to make any necessary administrative changes by December 31 and notify the Census office of the jurisdictional changes.

    Reasons for Delay

    • Training time: After the boundaries are frozen, at least three months are required to train enumerators for the Census.
    • Timing constraint: The exercise cannot begin before April 2024 due to simultaneous General Elections, as the same workforce will be deployed for election duties.
    • Transition to digital: The coming Census will be the first digital Census, allowing citizens to self-enumerate.

    Phases of Census and Population Projections

    • Two-phase process: The Census is carried out in two phases: the Houselisting and Housing Census and the Population Enumeration phase, which typically takes around 11 months.
    • National Population Register (NPR): The NPR is updated with the first phase of the Census.
    • Population projections: Based on Census 2011 data, population projections indicate an expected increase from 121.1 crore to 151.8 crore during 2011-2036, with a density increase from 368 to 462 persons per square kilometer.

    Purpose and Importance of the Census

    • Data for planning and policymaking: The Census provides information for central and state governments to plan and formulate policies.
    • National identity and future planning: It helps identify the nation’s demographic composition and guides future development and resource allocation.
    • Funding distribution: Census data assists in determining how funds and assistance are distributed to states and localities.
    • Wide-ranging applications: The data is used by various national and international agencies, scholars, businesses, and policymakers.

    Significance and Impact of the Census

    • Governance and statistics: The Census is a vital source of statistics for governance and serves as a foundation for official statistics.
    • Detailed demographic insights: It provides data on demography, economic activity, literacy, housing, migration, and other socio-cultural factors.
    • Delimitation of constituencies: The Census data is used for delimitation and reservation of parliamentary, assembly, and local body constituencies.
    • Policy formulation and administration: The Census helps review progress, monitor government schemes, and plan for the future.
    • Welfare schemes and beneficiaries: It identifies actual beneficiaries, supports identity creation, and ensures inter-temporal comparability.

    Impact of Delay in Census 2021

    • Discrepancies in PDS identification: Delayed census data affects the identification of beneficiaries under the public distribution system, depriving people of subsidised food entitlements.
    • Poor targeting of welfare schemes: The delay hampers policy planning, budgeting, and administration of schemes that rely on accurate demographic data.
    • Inadequate migration data: Outdated census data fails to capture accurate migration patterns and impacts policy and planning in various sectors.

    Reasons for Delay

    • Administrative boundaries: Census can only be conducted after freezing the boundaries of administrative units, which takes time.
    • COVID-19 pandemic: The pandemic is officially cited as the reason for the delay, although restrictions have been lifted.
    • CAA and NRC issues: The plan to use the census for the National Register of Citizens (NRC) and Citizenship Amendment Act (CAA) has further delayed the process.
    • Lack of political will: The government’s lack of urgency and clarification on the census timeline contribute to the delay.

    Way Forward

    • Complete pre-census work: Expedite house-listing and other necessary activities.
    • Digital census and self-enumeration: Utilize mobile apps and self-enumeration to streamline data collection and processing.
    • Ensure data quality: Address concerns regarding data quality and completeness of coverage during self-enumeration.

    Conclusion

    • The delay in conducting the Census poses challenges for accurate population data and planning in India.
    • The next Census, to be conducted after the 2024 General Elections, will mark a significant milestone as the first digital Census, providing citizens the opportunity to self-enumerate.

  • Reservation for Transgender Community

    trans

    Central Idea

    • Maharashtra government said it was difficult to provide additional reservations to transgender persons in education and public employment due to existing reservations for various communities in India.
    • Transgender individuals in Mumbai protested against this statement.

    Courts’ rulings on reservations for transgender community

    • National Legal Services Authority of India (NALSA) v Union of India (2014) case: The Supreme Court ruled that transgender persons have a right to reservation as they are considered a socially and educationally backward class.
    • Direction for reservations: The court directed the Centre and State Governments to treat transgender persons as socially and educationally backward and extend all kinds of reservation for admission to educational institutions and public appointments.
    • Lack of clarity on the nature of reservations: The NALSA judgment does not specify whether reservations for transgender persons should be vertical or horizontal.

    Understanding horizontal reservations

    • Distinction between vertical and horizontal reservations: Reservation in India is divided into two categories—vertical and horizontal.
    • Vertical reservations: Aimed at addressing social asymmetry arising from caste hierarchy and backwardness, including reservations for Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC).
    • Horizontal reservations: Cut across all vertical groups to provide affirmative policies for disadvantaged groups within categories. For example, disabled persons are guaranteed horizontal reservation in all vertical categories.

    Demand for horizontal reservation for transgender community

    • Recognition of marginalization: Transgender individuals have faced long-term marginalization in society, warranting specific provisions and recognition of their social identity.
    • Employment challenges: A study reveals that only 6 percent of transgender people were formally employed in 2017, and many engage in informal work due to societal factors and survival needs.
    • Interpreting the NALSA verdict: The NALSA judgment has been interpreted as directing reservations for transgender individuals in the OBC category due to their identification as a socially and educationally backward class.
    • Concerns and choice: The demand for horizontal reservation raises concerns that Dalit, Bahujan, and Adivasi transgender individuals may have to choose between availing reservation based on caste and gender identities, leading to competition and exclusion.

    Progress on horizontal reservations

    • Lack of action by the Central government: Since the NALSA judgment, the Central government has not taken steps to implement the right to reservation for transgender persons.
    • Legislative developments: The Rights of Transgender Persons Bill, 2015, which included provisions for reservations, was rejected in the Lok Sabha. The Transgender Persons (Protection of Rights) Act, 2019, does not mention reservations.
    • Parallel provisions for disabled persons: The Rights of Persons with Disabilities Act, 2016, ensures horizontal reservation for disabled individuals under the Central government.
    • State-level initiatives: Tamil Nadu categorized trans-women under the Most Backward Classes (MBC) category, and Karnataka introduced 1% horizontal reservation for transgender persons. Madhya Pradesh included transgender persons in the OBC category.
    • Legal challenges and petitions: Transgender persons have filed petitions in various High Courts, seeking horizontal reservation in education and jobs.

    Way forward

    • Need for legal action: The lack of progress in implementing horizontal reservations for transgender individuals requires legal challenges to ensure their rights are upheld.
    • Intersectionality and inclusive policies: Ensuring horizontal reservation while considering the diverse identities within the transgender community, including caste and tribal backgrounds, is crucial for equitable representation.
    • Promoting employment opportunities: Implementation of horizontal reservations can contribute to addressing employment challenges and empowering transgender individuals in various sectors.
    • Public awareness and support: Creating awareness about the need for horizontal reservation and garnering public support can strengthen the advocacy for inclusive policies.
    • Collaboration with civil society and stakeholders: Engaging with activists, community leaders, and organizations working on transgender rights can drive collective efforts to achieve meaningful horizontal reservations.

  • Exploring Assam’s Delimitation Draft

    assam delimitation

    Central Idea

    • The recent draft proposal on the Delimitation of Assembly and Lok Sabha constituencies in Assam by the Election Commission (EC) has stirred significant controversy.
    • The proposal suggests reshaping constituencies, increasing the number of reserved seats, and potentially affecting the political fortunes of various organizations and parties.

    What is Delimitation?

    • Objective: Delimitation aims to redraw constituency boundaries to maintain equal population representation in Assembly and Lok Sabha seats.
    • Changing Constituencies: Delimitation may result in the alteration of constituency limits and, in some cases, the number of seats in a state.

    Delimitation Process and Commission

    • Independent Delimitation Commission: Delimitation is carried out by an independent Delimitation Commission (DC) constituted by the Union government.
    • Terms of Reference: The DC determines the number and boundaries of constituencies, ensuring population equality and identifying reserved seats for Scheduled Castes and Scheduled Tribes.
    • Implementation: The draft proposals are published for public feedback, followed by public sittings to consider objections and suggestions. The final order is published in official gazettes.

    Historical Context of Delimitation

    • Early Delimitation Exercises: The first delimitation exercise in 1950-51 was conducted by the President. Subsequently, the responsibility was shifted to independent Delimitation Commissions.
    • Frequency of Delimitation: Delimitation has been carried out four times, in 1952, 1963, 1973, and 2002, based on the Acts enacted in respective years.

    Postponement of Delimitation until 2026

    • Frozen Seats: Delimitation was postponed after the 1981 and 1991 Censuses, freezing the number of seats in Lok Sabha and Assemblies.
    • Justification for Postponement: An amendment further delayed delimitation until 2026, with the rationale that uniform population growth would be achieved throughout the country by that time.
    • The Last Delimitation: The most recent delimitation exercise, based on the 2001 Census, focused on adjusting boundaries of existing seats and reworking the number of reserved seats.

    Delimitation Exercise in Assam

    • Delimitation exercises were carried out periodically, but in 1976, it was suspended due to the family planning program.
    • The process was deferred for Arunachal Pradesh, Assam, Jammu and Kashmir, Manipur, and Nagaland in 2008 due to “security risks.”
    • The Delimitation Commission for Assam and other states was reconstituted by the Central Government in 2020.

    Overview of the Proposed Changes

    • Reshaping of Constituencies: The draft proposal suggests reshaping and renaming 24 Assembly seats.
    • Increased Reserved Seats: The number of reserved seats for Scheduled Tribes (ST) and Scheduled Castes (SC) would be increased from 16 to 19 and eight to nine, respectively.
    • Seat Juggling: The proposal involves converting six reserved seats each for SCs and STs into unreserved seats. Additionally, nine ST and seven SC general seats would become reserved.
    • Impact on Political Figures: Notable political figures, including MLAs and MPs from various parties, may lose their seats due to the proposed changes.

    Opposition and Concerns

    • Protests and Discontent: The draft proposal has faced opposition and protests across Assam, with different groups expressing dissatisfaction with the changes.
    • Questioning the Legality: Some have raised concerns regarding the interpretation of Section 8A of the Representation of the People Act, 1950, which allows reorientation of seats without altering their total number.
    • Use of Census Data: The use of 2001 Census data instead of the more recent 2011 Census data has raised suspicion and allegations of a hidden agenda.
    • Timing and Allegations: Opposition parties have criticized the timing of the delimitation exercise, alleging that it was rushed to affect representation ahead of the 2024 Lok Sabha polls.

    Future Outlook and Potential Changes

    • EC’s Call for Suggestions: The EC has invited suggestions and omissions regarding the draft proposal and plans to revisit the State to engage with stakeholders.
    • Legal Challenges: The All India United Democratic Front (AIUDF) has threatened to approach the court if the draft is accepted.
    • Chief Minister’s Perspective: Assam CM has emphasized the need to protect the rights of indigenous people and hinted at potential adjustments to ensure their interests are safeguarded.

     

  • Elections to 10 Rajya Sabha Seats

    Central Idea

    • The Election Commission announced elections to 10 Rajya Sabha seats from three States that are falling vacant in July and August.

    Rajya Sabha and its Composition

    • Rajya Sabha, or the Council of States, is the upper house of the Parliament of India.
    • It plays a vital role in the legislative process, representing the interests of states and providing a platform for deliberations on important national issues.

    Composition of Rajya Sabha

    • Members: Rajya Sabha consists of a maximum of 250 members, of which 238 members are representatives of states and union territories, while the President of India nominates 12 members having special knowledge or practical experience in various fields.
    • Allocation of Seats: The allocation of seats in Rajya Sabha is based on the population of each state, with larger states having more representatives. The President can also nominate members to ensure the representation of expertise and diverse backgrounds.
    • Term: Members of Rajya Sabha serve for a term of 6 years, with one-third of the members retiring every two years. This rotational system ensures continuity in the functioning of the house.

    Nominated Members

    • Nominations: In addition to the elected members, Rajya Sabha includes 12 nominated members who are appointed by the President of India. These nominations are made to ensure the representation of individuals with special knowledge or practical experience in various fields such as literature, science, art, social service, and more.
    • Expertise and Diversity: Nominated members bring diverse perspectives and expertise to Rajya Sabha. They contribute to the legislative process by providing valuable insights and enriching debates on critical issues.
    • Contribution: Nominated members play an essential role in shaping legislation and policy discussions. Their expertise and experience contribute to a more comprehensive and informed decision-making process in Rajya Sabha.

    Functions of Rajya Sabha

    • Legislative Functions: Rajya Sabha has equal legislative powers with the Lok Sabha in most matters, including passing bills related to constitutional amendments, finance, and non-financial matters. In certain circumstances, it enjoys exclusive powers, such as creating all-India services.
    • Representation of States: Rajya Sabha represents the interests of states, allowing them to participate in the decision-making process at the national level. It ensures that laws and policies are formulated with the consideration of diverse regional perspectives.
    • Role in Impeachment: Rajya Sabha, along with the Lok Sabha, plays a role in the impeachment of the President of India, Chief Justice, and judges of the Supreme Court and High Courts. It ensures a fair and balanced process in cases of impeachment.

    Significance of Rajya Sabha

    • Federal Character: Rajya Sabha represents the federal character of India’s political system by giving states and union territories a voice in the national legislature. It serves as a platform for states to raise their concerns and participate in policy discussions.
    • Reviewing and Amending Legislation: Rajya Sabha plays a critical role in the legislative process by reviewing and amending bills passed by the Lok Sabha. It acts as a revising chamber and provides an opportunity for in-depth scrutiny and debate on proposed laws.
    • Expertise and Stability: The nomination of members with specialized knowledge and experience, along with the rotational system, ensures that Rajya Sabha benefits from their expertise. The continuity of membership allows for stability and the accumulation of institutional knowledge.

     

    Try this PYQ:

    Q.Consider the following statements:

    1. The Chairman and the Deputy Chairman of the Rajya Sabha are not the members of that House.
    2. While the nominated members of the two Houses of the Parliament have no voting right in the presidential election, they have the right to vote in the election of the Vice President.

    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=”m0llo70xd9″ question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

  • India needs a Uniform Civil Code: PM

    uniform civil code

    Central Idea

    • Immediately after returning from the US, PM Modi said that India needed a Uniform Civil Code (UCC) as the country could not run with the dual system of “separate laws for separate communities”.
    • This has raised the level of speculations among the left liberal groups in India.

    Key statements made by PM

    • Abolishing Dual System: PM highlighted the impracticality of maintaining separate laws for different communities and emphasized the need for a unified legal framework.
    • Discerning Political Manipulation: He urged the Muslim community to be vigilant about political parties that exploit their interests for personal gains.
    • Constitutional Provisions: He emphasized that the Constitution already upholds the principle of equal rights for all citizens.
    • Opposition’s Exploitation: He criticized political opponents for using Muslims, particularly Pasmanda Muslims, to further their own interests at the expense of the community’s well-being.

    What is Uniform Civil Code (UCC)?

    • The UCC aims to establish a single personal civil law for the entire country, applicable to all religious communities in matters such as marriage, divorce, inheritance, adoption, etc.
    • The idea of a UCC has a long history in India and has been a topic of debate and discussion.
    • This article explores the basis for a UCC, its timeline, the conflict with the right to freedom of religion, minority opinions, challenges to implementation, and the way forward.

    Basis for UCC: Article 44

    • Article 44 of the Directive Principles envisions the state’s endeavor to secure a UCC for all citizens throughout the country.
    • While DPSP of the Constitution are not enforceable by courts, they provide fundamental principles for governance.

    Personal Laws and UCC: A Timeline

    • Colonial Period: Personal laws were first framed for Hindu and Muslim citizens during the British Raj.
    • 1940: The idea of a UCC was proposed by the National Planning Commission, examining women’s status and recommending reforms for gender equality.
    • 1947: UCC was considered as a fundamental right during the framing of the Constitution by Minoo Masani, Hansa Mehta, Amrit Kaur, and Dr. B.R. Ambedkar.
    • 1948: The Constitution Assembly debated Article 44, which emphasizes the implementation of uniform civil laws as a state duty under Part IV.
    • 1950: Reformist bills were passed, granting Hindu women the right to divorce and inherit property and outlawing bigamy and child marriages.
    • 1951: Ambedkar resigned when his draft of the Hindu Code Bill was stalled in Parliament.
    • 1985: Shah Bano case highlighted the need for a UCC and the rights of divorced Muslim women.
    • 1995: Sarla Mudgal v. Union of India reiterated the urgency of a UCC for national integration and removing contradictions.
    • 2000: The Supreme Court, in Lily Thomas v. Union of India, stated it could not direct the government to introduce a UCC.
    • 2015: The apex court refused to mandate a decision on implementing a UCC.
    • 2016: The Triple Talaq debate gained attention, leading to the ruling of its unconstitutionality in 2017.

    UCC vs. Right to Freedom of Religion

    1. Article 25: Guarantees an individual’s fundamental right to religion.
    2. Article 26(b): Upholds the right of religious denominations to manage their own affairs.
    3. Article 29: Protects the right to conserve distinctive culture.
    • Reasonable restrictions can be imposed on freedom of religion for public order, health, morality, and other provisions related to fundamental rights.

    Minority Opinion in the Constituent Assembly

    • Some members sought to exempt Muslim Personal Law from state regulation, arguing against interference in personal laws based on secularism.
    • Concerns were raised about uniformity in a diverse country like India and the potential for opposition from different communities.
    • Gender justice was not a significant focus during these debates.

    Enacting and Enforcing UCC

    • Fundamental rights are enforceable in courts, while Directive Principles have varying degrees of enforceability.
    • The wording of Article 44 suggests a lesser duty on the state compared to other Directive Principles.
    • Fundamental rights are considered more important than Directive Principles, and a balance between both is crucial.

    Need for UCC

    • Multiple personal laws: Different religions and denominations follow distinct property and matrimonial laws, hindering national unity.
    • Absence of exclusive jurisdiction: Such thing in the Union List implies that the framers did not intend to have a UCC.
    • Customary laws are discriminatory: These laws also vary among different communities and regions.

    Why is UCC Necessary?

    • Harmonizing equality: UCC would provide equal status to all citizens, promote gender parity, and align with the aspirations of a liberal and young population.
    • Promote fraternity: Implementation of UCC would support national integration.

    Hurdles to UCC Implementation

    • Opposition from religious factions: The diverse religious and cultural landscape of India poses practical difficulties.
    • Minority resistance: UCC is often perceived by minorities as an encroachment on religious freedom and interference in personal matters.
    • Societal preparedness: Experts argue that Indian society may not be ready to embrace a UCC at present.

    Unaddressed Questions

    • Ignoring diversities: Maintaining the essence of diverse components of society while achieving uniformity in personal laws.
    • One size fits all: The assumption that practices of one community are backward or unjust.
    • Uniqueness of diversity: The effectiveness of uniformity in eradicating societal inequalities.

    Way Forward

    • Theological education: Religious intelligentsia should educate their communities about rights and obligations based on modern interpretations.
    • Open discussion: The government should create an environment conducive to UCC by explaining Article 44’s contents and significance while considering different perspectives.
    • Gradual introduction: Social reforms should be gradual, addressing concerns such as fake news and disinformation.
    • Prioritizing social harmony: Preserving the cultural fabric of the nation is essential.

  • What is a Constitution Bench?

    Central Idea: A new Constitution Bench led by Chief Justice of India D.Y. Chandrachud is scheduled to start hearing a list of some cases from July 12.

    What is a Constitution Bench?

    • The constitution bench is the name given to the benches of the Supreme Court of India.
    • The Chief Justice of India has the power to constitute a Constitution Bench and refer cases to it.

    Constitution benches are set up when the following circumstances exist:

    1. Interpretation of the Constitution: Article 145(3) provides for the constitution of at least five judges of the court which sit to decide any case “involving a substantial question of law as to the interpretation” of the Constitution of India.
    2. President of India seeking SC’s opinion: When the President has sought the Supreme Court’s opinion on a question of fact or law under Article 143 of the Constitution. Article 143 of the Constitution provides for Advisory jurisdiction to the SC. As per the provision, the President has the power to address questions to the apex Court, which he deems important for public welfare.
    3. Conflicting Judgments: When two or more three-judge benches of the Supreme Court have delivered conflicting judgments on the same point of law, necessitating a definite understanding and interpretation of the law by a larger bench.
    • The Constitution benches are set up on ad hoc basis as and when the above-mentioned conditions exist.
    • Constitution benches have decided many of India’s best-known and most important Supreme Court cases, such as:
    1. K. Gopalan v. State of Madras (Preventive detention)
    2. Kesavananda Bharati v. State of Kerala (Basic structure doctrine) and
    3. Ashoka Kumar Thakur v. Union of India (OBC reservations) etc.

     

  • President’s Rule not an option in Manipur: MHA

    Central Idea: Union Home Minister has said that imposition of President’s Rule in Manipur was not an option and the situation was soon returning to normal.

    What is President 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

     

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