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Subject: Polity

  • CJI announces launch of ‘Neutral Citations’ for SC judgements

    The CJI expressed hope that High Courts too would follow neutral citation for their judgments. The Delhi, Kerala, and Madras HCs have already introduced neutral citation.

    What is a “Citation”?

    • A case citation is essentially an identification tag for a judgment.
    • Typically, it would contain a reference number, the year of the judgment, the name of the court that delivered that judgment, and a shorthand for the journal publishing the judgment.

    And what is a neutral citation?

    • A neutral citation would mean that the court would assign its own citation — distinct from those given by traditional Law Reporters.
    • Law Reporters are periodicals or annual digests that publish judgments, often with an editorial note to make it accessible for lawyers to refer to precedents.
    • For example, for the landmark Kesavananda Bharati case, the citation in ‘Supreme Court Cases’, a journal published by the Eastern Book Company, is (1973) 4 SCC 225.
    • In the All India Reporter (AIR), the citation is AIR 1973 SC 1461.

    Why is a neutral system good or necessary?

    • Judgments mention citations while referring to precedents and often use citations from different Law Reporters.
    • With artificial intelligence (AI) enabled translation of judgments and transcribing of court proceedings, a uniform citation is necessary.
    • Several High Courts including Delhi High Court have started a neutral citation format.
    • The Delhi HC neutral citation is, for example, in this format: No-YEAR/DHC/XXXXXX

    How will the SC implement the neutral citation system?

    • Our recent initiative is neutral citations for all judgments of the Supreme Court.
    • So all 30,000 judgments are going to have neutral citations.
    • First tranche will be till January 1, 2023, then the other tranche will be till judgments from 2014 and then finally we will go back to 1950.

     

     

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  • Corrupt Practices according to Representation of People Act, 1951

    Central idea: The article provides an overview of Sections 123 (2) and Section 123 (4) of the Representation of People’s Act, 1951. It highlights how the section makes it illegal for candidates who have been convicted of certain offenses to contest elections to Parliament and state legislatures.

    Recent context: Promise of Freebies

    • Recently, the Supreme Court directed to look into prayers for reconsidering its 2013 judgment in ‘S. Subramaniam Balaji vs. State of Tamil Nadu’ Case.
    • The court held that promises of freebies cannot be termed a corrupt practice. However, the matter is still yet to be decided.

    Illicit Practices under the RPA, 1951

    corrupt

    • Under the provisions of the Act, an elected representative can be disqualified if convicted of certain offences on grounds of-
    1. Corrupt practices
    2. Failing to declare election expenses
    3. Interests in government contracts or works

    What amounts to Corrupt Practices?

    • Section 123 of the Act defines ‘corrupt practices’: It includes bribery, undue influence, false information, and promotion or attempted promotion of “feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language” by a candidate for the furtherance of his prospects in the election.
    • Section 123 (2) deals with ‘undue influence’: It defines as “any direct or indirect interference or attempt to interfere on the part of the candidate or his agent, or of any other person, with the consent of the candidate or his election agent, with the free exercise of any electoral right.” This could also include threats of injury, social ostracism and expulsion from any caste or community.
    • Section 123 (4) extends ambit of “corrupt practices”: It covers the intentional publication of false statements which can prejudice the outcome of the candidate’s election.

    What practices has the court held as corrupt practices in the past?

    • Jamuna Prasad Mukhariya v. Lacchi Ram, 1995: The encroachment of religion into secular activities is strictly prohibited, the court stated while adding that the same is clear from Section 123(3). However, even as far back as 1955, the Apex Court in Jamuna Prasad Mukhariya Case upheld the constitutional validity of Section 123 (3).
    • SR Bommai v. Union of India, 1994: In this case, otherwise held secularism to be a part of the ‘basic structure’, the court said, “whatever the attitude of the State towards the religions, religious sects, and denominations, religion cannot be mixed with any secular activity of the State.”
    • Abhiram Singh v C.D. Commachen, 2017: In 2017, a seven-judge constitution bench of the apex court held that an election will be annulled if votes are sought in the name of a candidate’s religion, race, caste, community, or language, as per Section 123 (3) which prohibits the same.

     

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  • Deputy Speaker Is An Officer of Parliament

    Officer

    Central Idea

    • The present Lok Sabha has not elected a Deputy Speaker even after three years and seven months of its term, and the non-election has reached the Supreme Court, which has reportedly sent notice to the Union government; historically, a Deputy Speaker is as important as the Speaker for the House.

    What is the practice?

    • Two presiding officers in Lok Sabha: There are two presiding officers for the Lok Sabha, namely the Speaker and the Deputy Speaker, who are elected by the members of the House.
    • Article 93 of the constitution: Under Article 93 of the Constitution, as soon as the House meets after the election these two presiding officers are elected one after the other.
    • Practice of electing speaker and deputy speaker: The practice followed so far has been to elect the Speaker after the oath-taking. Thereafter, within a few days, the Deputy Speaker is also elected.

    Officer

    Office of Deputy Speake Speaker of the Lok Sabha

    • The Deputy Speaker of the Lok Sabha is not subordinate to the speaker of Lok Sabha; is responsible for the Lok Sabha. and
    • He/she is the second-highest-ranking legislative officer of the Lok Sabha.
    • He/ She acts as the presiding officer in case of leave of absence caused by death or illness of the Speaker of the Lok Sabha.

    Pin this Note

    • It is by convention that the position of Deputy Speaker is offered to the opposition party in India.
    • But if a government does not favour an Opposition member for political reasons, it is free to choose a member from its own party.

    The Historical Significance of the office

    • Government of India Act of 1919: The history of the office of Deputy Speaker goes back to the government of India Act of 1919 when he was called Deputy President as the Speaker was known as the president of the central legislative assembly.
    • Role is necessary to share the responsibility of running the House: Although the main functions of a Deputy Speaker were to preside over the sittings of the assembly in the absence of the Speaker and chair the select committees etc., the position was considered necessary to share the responsibility of running the House with the Speaker and guide the nascent committees.

    Did you know?

    • The first Speaker was G V Mavalankar and the first Deputy Speaker was M Ananthasayanam Ayyangar who was elected by the Constituent Assembly (Legislative) on September 3, 1948.
    • Later under the new Constitution, M Ananthasayanam Ayyangar was elected the first Deputy Speaker of the House of the people on May 28, 1952.

    Officer

    Importance of the Office

    • Powers Under Article 95(1) of the Constitution: The Deputy Speaker gets all the powers of the Speaker when the office of the Speaker is vacant, so the Deputy Speaker can also determine the petitions relating to disqualification under the 10th Schedule of the Constitution.
    • Speaker is powerless in matters of revising: The Speaker is powerless in the matter of revising or overruling a decision of the Deputy Speaker. No appeal lies to the Speaker against a ruling given by the Deputy Speaker.

    Conclusion

    • Although the Deputy Speaker gets to exercise these powers only in the absence of the Speaker his decisions are final and binding when he gives a ruling. In the eventuality of the Speaker remaining absent for a longer time due to illness or otherwise the government will have to grapple with the unpredictability of a ruling or an adverse decision by a Deputy Speaker who comes from the Opposition ranks. Article 93 contains a mandatory provision which needs to be carried out by the House.

    Officer

    Mains Question

    Q. Speaker and Deputy speaker of Lok Sabha are known as Officers of the parliament. In this context discuss the importance Deputy speaker.

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  • Live transcription of Supreme Court proceedings introduced

    live

    Central idea: The Supreme Court introduced live transcription of court proceedings for the first time in the country, employing artificial intelligence (AI) and high-tech tools.

    Fun fact!

    The CJI announced that the live transcription will commence on an experimental basis with the constitution bench hearing on the vertical political split in a mainstream Maharashtrian political party.

     

    How does AI-based transcription work?

    • AI-based transcription works by using advanced machine learning algorithms to automatically transcribe audio or video content into written text.
    • The software uses natural language processing (NLP) and speech recognition technology to identify and transcribe spoken words, which are then formatted into a text document.

    What is Natural Language Processing (NLP)?

    • Natural Language Processing (NLP) is a subfield of computer science, artificial intelligence, and computational linguistics concerned with the interactions between computers and human (natural) languages.
    • It involves developing algorithms and computational models that can understand, interpret, and generate human language.
    • NLP is used in a variety of applications, including language translation, sentiment analysis, text summarization, speech recognition, and more.
    • It combines techniques from computer science, linguistics, and psychology to enable computers to process and understand natural language.

    Benefits of the move

    • Improved access to justice: For the hearing impaired and those with limited understanding of English.
    • Enhanced transparency and accountability: The transcripts can be reviewed and analyzed.
    • Reduced errors and inaccuracies: AI-based technology is more efficient and reliable than human transcriptionists.
    • Time-saving and cost-saving: For the court system and litigants, as live transcription eliminates the need for manual transcription and subsequent editing making justice dispensation faster than ever.
    • Legal awareness in public domain: Availability of real-time transcripts can help journalists and researchers report on court proceedings more accurately and quickly.

    Other AI solutions used in Indian Judiciary

    • E-SCR project: The electronic Supreme Court Reports (e-SCR) has more than 34,000 judgments available, accords free access to the official law reports of the Supreme Court’s reported Judgments to the law students, lawyers, and other legal professionals and to the public at large with special tools for the accessibility to those with visual disabilities as well.
    • SUPACE: Supreme Court Portal for Assistance in Courts Efficiency (SUPACE) is a tool that collects relevant facts and laws and makes them available to a judge.
    • SCI-Interact: In 2020, the Supreme Court developed a software called, SCI-Interact, to make all its 17 benches paperless. This software helps judges’ access files, annexures to petitions and make notes on computers.
    • LIMBS: Earlier, the Department of Legal Affairs has introduced a web-based application called LIMBS or Legal Information Management & Briefing System. The idea is to track the entire life cycle of a case efficiently.
    • SUVAAS: In November 2019, the Apex Court launched an indigenously engineered neural translation tool, SUVAAS, to translate judicial orders and rulings from English to vernacular languages faster and efficiently.

    Challenges for the AI breakthrough

    • Cost and Resources: The implementation of live transcription would require significant financial and technological resources.
    • Accuracy of Transcription: The accuracy of the live transcription is an important issue as any errors in the transcription could have significant implications, particularly in legal proceedings.
    • Privacy and Security: The live transcription of court proceedings could raise concerns about privacy and security as sensitive information could be disclosed or key judicial interpretations could be tampered.

    Way forward

    • The ethical and responsible use of AI and ML for the advancement of efficiency enhancing can be increasingly embedded in legal and judicial processes.
    • The Supreme Court has laid a strong foundation basis which efficiency enhancement can be accelerated across functional processes.
    • This is one of the key reasons why justice delivery in India is poised for transformative change.

     

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  • Children have a Right to protect their Genetic Information from DNA tests: SC

    dna

    Central idea: The Supreme Court of India has ruled that children have the right to protect their genetic information from being revealed in DNA tests without their consent.

    Right to protect Genetic Information

    • The right to protect genetic information is a fundamental right that recognizes an individual’s autonomy and control over their own personal and intimate genetic data.
    • It allows individuals to make informed decisions about their health, privacy, and identity.
    • In India, the Supreme Court has also held that children have the right to protect their genetic information from DNA testing in divorce proceedings, as it is part of their fundamental right to privacy.
    • This is guaranteed under Article 21 of Indian Constitution.
    • This right is recognized under various international human rights instruments, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.

    Key takeaways from the Judgment

    • The court ruled that-
    1. Genetic information is personal and intimate
    2. Children have the right to privacy and bodily integrity
    3. Children are not to be regarded like material objects and should not become the focal point of the battle between spouses
    4. Allowing DNA tests would also harm the reputation and dignity of the mother

    Basis of this judgment

    • The court drew attention to the rights of privacy, autonomy and identity recognised under the United Nations’ Convention on the Rights of the Child.
    • It acknowledged the control that individuals, including children, have over their own personal boundaries and the means by which they define who they are in relation to other people.
    • Children are not to be deprived of this entitlement to influence and understand their sense of self simply by virtue of being children.

    How can one get the tests done?

    • Family courts should direct for a DNA test only in expedient situations and in the interest of justice, as a last resort, said the judgment.
    • This should be practised as the option of last resort.

     

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  • Disqualification of Sitting MP: The Conundrum

    Central Idea

    • The instance where the Kerala High Court, in January this year, suspended the verdict passed by the Kavaratti District and Sessions Court (in an attempt to murder case) in which the then sitting Member of Parliament (MP) of Lakshadweep was sentenced to 10 years in jail. The issue is on whether disqualification for conviction is final or whether it can be revoked. This issue can arise whenever a legislator is disqualified.

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    The background: Facts are as follows

    • The facts are as follows. Mr. Faizal The then sitting MP of Lakshadweep was convicted by the Kavaratti sessions court on January 11 for attempt to murder, and sentenced to 10 years imprisonment.
    • On January 13, the Lok Sabha announced that he was disqualified as an MP with effect from the date of conviction.
    • On January 18, the Election Commission of India (ECI) fixed February 27 as the date for by-election to that constituency, with the formal notification to be issued on January 31.
    • Faizal appealed to the Kerala High Court for a stay on his conviction and sentence, which the High Court suspended on January 25.
    • The High Court suspended Faizal Faizal’s conviction due to the cost of a parliamentary election and the disruption of developmental activities in Lakshadweep.
    • Faizal challenged the ECI’s announcement in the Supreme Court of India. On January 30, the ECI said it was deferring the election.

    The specific provisions

    • The provision for disqualification is given in Article 102 of the Constitution: It specifies that a person shall be disqualified for contesting elections and being a Member of Parliament under certain conditions. These include holding an office of profit, being of unsound mind or insolvent, or not being a citizen of India. It also authorises Parliament to make law determining conditions of disqualifications.
    • The Representation of the People Act (RPA), 1951: The RPA provides that a person will be disqualified if convicted and sentenced to imprisonment for two years or more. The person is disqualified for the period of imprisonment and a further six years.
    • Exception for the sitting members: There is an exception for sitting members; they have been provided a period of three months from the date of conviction to appeal; the disqualification will not be applicable until the appeal is decided.

    A case of differential treatment of candidates

    • Challenges under Article 14 of the constitution: The differential treatment of candidates for elections and sitting members was challenged under Article 14 (right to equality).
    • Prabhakaran vs P. Jayarajan: A Constitution Bench of the Supreme Court, in 2005 (K. Prabhakaran vs P. Jayarajan), decided that the consequences of disqualifying a contestant and a sitting member were different.
    • Reasoning behind treating differently: The strength of the party in the legislature would change, and could have an adverse impact if a government had a thin majority. It would also trigger a by-election. Therefore, it was reasonable to treat the two categories differently.
    • Lily Thomas vs Union of India: In 2013, a two-judge Bench of the Supreme Court again considered whether this exception was constitutionally invalid (Lily Thomas vs Union of India). It stated that Article 102 empowers Parliament to make law regarding disqualification of a person for being chosen as, and for being, a member of either House of Parliament.
    • Exception for sitting members was unconstitutional: The judgment stated that making an exception for sitting members was against the constitution. As per Article 101, if a Member of Parliament is disqualified under Article 102, their seat will become vacant immediately. This means that if the conditions outlined in Article 102 are met, the disqualification will take effect automatically and immediately.

    What is the confusion?

    • In Navjot Singh Sidhu case, Supreme Court stayed his conviction: Navjot Singh Sidhu, an MP, was convicted and sentenced to three years imprisonment. He resigned from his seat but wanted to contest the election and appealed for a stay on his conviction. In 2007, the Supreme Court stayed his conviction, which removed the disqualification until the appeal was decided, allowing him to contest the election.
    • Question arises In Kerala case: The Lakshadweep seat was declared vacant, but the Election Commission of India (ECI) announced deferring the by-election after a stay order was granted. The Lok Sabha has kept the seat vacant and has not reinstated the MP. The question is whether the disqualification can be backdated, as if it never happened, and the election avoided. Or, whether the disqualification is removed only from the date of the stay order, and the vacated seat can be filled only through a by-election.
    • Conundrum and Implications: The conundrum arises because the Lily Thomas judgment requires the seat to be vacated immediately upon disqualification, whereas the Kerala High Court stay aims to keep the MP in the seat until the appeal is decided. The answer to this issue will have implications for similar cases in the future.

    Conclusion

    • As India continues to strengthen its democratic system, one important issue that needs resolution is determining the correct answer for when a disqualification is removed for a sitting member of parliament who has been granted a stay on their conviction. The conflicting court judgments and constitutional provisions only highlight the need for a clear and definitive resolution to this issue, which will undoubtedly enhance the credibility and legitimacy of the Indian political system.

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  • Debating the Abolition of Judicial Vacations

    Central Idea

    • The longstanding tradition of judicial vacations in India has come under scrutiny as a parliamentary committee.
    • Recent remarks by Chief Justice DY Chandrachud reignited discussions on the allocation of vacation days to Indian judges, shedding light on the intricate dynamics of judicial work patterns and the rationale behind vacation allotments.

    Vacation in Judiciary

    • Judicial Workdays: The Supreme Court has 193 working days annually, High Courts function around 210 days, and trial courts operate for 245 days. High Courts possess the authority to structure their calendars as per service rules.
    • Long-standing Practice: The practice of vacations, particularly the extensive 7-week (formerly 10-week) summer recess, has its origins in colonial times.

    Understanding Vacation Benches

    • Composition and Role: The CJI appoints a Vacation Bench, a specialized court that operates during the Supreme Court’s summer and winter breaks. Although the court is not fully closed during vacations, this bench handles cases deemed “urgent matters.”
    • Urgent Cases: While there is no explicit definition for “urgent matters,” the Vacation Bench typically entertains writs associated with habeas corpus, certiorari, prohibition, and quo warranto, all related to enforcing fundamental rights.
    • Rule 6 of Order II of the Supreme Court Rules, 2013: Under this rule, the CJI nominates Division Benches for urgent miscellaneous and regular hearing matters during the summer vacation period. The rule allows for the appointment of judges to hear urgent cases individually or in a Division Court.

    Historical Significance and Notable Cases:

    • Impactful Decisions: Vacation Benches have delivered significant judgments in the past. A well-known instance is when a Vacation Bench Judge refused PM Indira Gandhi’s plea to stay an Allahabad High Court decision in 1975, which led to the Emergency declaration.
    • Triple Talaq Case: In 2017, a Vacation Bench of the Supreme Court heard the triple talaq case during vacation days.

    Debates and Arguments Surrounding Vacation Benches

    [A] Arguments in Favor:

    • Judicial Rejuvenation: Advocates emphasize the need for vacation periods to provide judges with mental and physical rejuvenation.
    • Extended Work Hours: Considering the demanding nature of judicial work, proponents assert that the long working hours necessitate periodic breaks.
    • Writing Judgments: Judges use vacation time to draft judgments, contributing to the timely disposal of cases.

    [B] Arguments Against:

    • Pendency and Delays: Critics argue that the extended and frequent vacations exacerbate the backlog of cases and contribute to the slow pace of justice delivery.
    • Inconvenience to Litigants: For litigants, vacations translate to additional delays in case hearings.

    Calls for Reform

    • Malimath Committee (2000): The committee proposed reducing vacation periods by 21 days, advocating for the Supreme Court to operate for 206 days and High Courts for 231 days annually.
    • Law Commission of India (2009): The commission recommended curtailing vacations by 10-15 days and extending court working hours to address the substantial backlog of cases.
    • Supreme Court’s 2014 Rule Change: The Supreme Court truncated the summer vacation period from 10 weeks to seven weeks.
    • RM Lodha Commission (2014): It suggested that individual judges should take leave at different times throughout the year instead of having all judges on vacation at once.

    Proposed Approach and Suggested Changes

    • Continuous Operation: The 133rd committee supports the notion that individual judges should take their leave at different intervals, thereby ensuring that the courts remain open throughout the year.
    • Redefined Judicial Vacations: The parliamentary report calls for a reevaluation of the traditional concept of vacations, advocating for a more modern and efficient approach to court operation.
    • Comparison with Other Countries: The report suggests that the vacation practices of the Supreme Court and High Courts should be reviewed in comparison to other countries’ higher courts and constitutional institutions.

    Conclusion

    • The debate surrounding the abolition of judicial vacations in India emphasizes the necessity for a dynamic and effective approach to court operations.
    • While the tradition has historical significance, the current judicial landscape calls for a re-evaluation of practices to ensure efficient functioning, address the backlog of cases, and minimize inconveniences to litigants.

  • Supreme Court says NO to Sealed Cover suggestions

    seal

    Central idea: The Supreme Court has said it did not want to accept in a “sealed cover” the Centre’s suggestions on who could be the members of a committee the court had proposed to assess the market regulatory framework and recommend measures, if any, to strengthen it in the wake of the Adani-Hindenburg affair.

    What is the news?

    • The article is about a public interest petition filed in the Supreme Court that calls for the establishment of an expert panel to strengthen regulatory mechanisms related to the Adani Group.
    • The petitioners argue that the Adani Group has been able to bypass regulatory hurdles through its influence on government officials and agencies.

    What is Sealed Cover Jurisprudence?

    • It is a practice used by the Supreme Court and sometimes lower courts, of asking for or accepting information from government agencies in sealed envelopes that can only be accessed by judges.
    • A specific law does not define the doctrine of sealed cover.
    • The Supreme Court derives its power to use it from Rule 7 of order XIII of the Supreme Court Rules and Section 123 of the Indian Evidence Act of 1872.

    Need for sealed cover jurisprudence

    There are several reasons why sealed cover jurisprudence is used-

    • National security: For example, in cases involving sensitive information related to defense or intelligence agencies, the disclosure of such information in open court proceedings could compromise national security.
    • Individual privacy: It is also used to protect the privacy in cases involving sensitive personal information. In such cases, the court may allow the submission of such information in a sealed cover to protect the privacy of the individual concerned.
    • Protect commercial or trade secrets: In cases involving disputes between companies, the disclosure of confidential information related to their business operations could harm their commercial interests.

    Nature of the power: Upholding Secrecy

    • If the Chief Justice or court directs certain information to be kept under sealed cover or considers it of confidential nature, no party would be allowed access to the contents of such information.
    • There is an exception to this if the Chief Justice himself orders that the opposite party be allowed to access it.
    • It also mentions that information can be kept confidential if its publication is not considered to be in the interest of the public.
    • As for the Evidence Act, official unpublished documents relating to state affairs are protected and a public officer cannot be compelled to disclose such documents.

    Grounds of such secrecy

    Other instances where information may be sought in secrecy or confidence is when its publication:

    1. Impedes an ongoing investigation of cases related to national security
    2. Details that are part of the police’s case diary or
    3. Breaches the privacy of an individual

    Prominent cases of sealed jurisprudence

    Sealed cover jurisprudence has been frequently employed by courts in the recent past.

    (1) Rafale Deal

    • In the case pertaining to the controversial Rafale fighter jet deal, a Bench headed by CJI Ranjan Gogoi in 2018, had asked the Centre to submit details related to deal’s decision making and pricing in a sealed cover.
    • This was done as the Centre had contended that such details were subject to the Official Secrets Act and Secrecy clauses in the deal.

    (2) Bhima Koregaon Case

    • In the Bhima Koregaon case, in which activists were arrested under the Unlawful Activities Prevention Act.
    • The Supreme Court had relied on information submitted by the Maharashtra police in a sealed cover.

    Issues with such jurisprudence

    • Undermines open justice: This practice appears to be unfavorable to the principles of transparency and accountability of the Indian justice system.
    • Erodes public faith: It stands in contrast to the idea of an open court, where decisions can be subjected to public scrutiny.
    • Increases arbitrariness: It is also said to enlarge the scope for arbitrariness in court decisions, as judges are supposed to lay down the reasoning for their decisions.
    • Unfair trials: Besides, it is argued that not providing access to such documents to the accused parties obstructs their passage to a fair trial and adjudication.

    Way forward

    • Conduct an independent and thorough investigation: Inquire into the allegations raised in the petition, and take appropriate legal action against the Adani Group if they are found to have violated environmental regulations.
    • Establish an expert panel as suggested by the petitioners: To review the regulatory framework and suggest measures to strengthen it. The panel should include experts from various fields, including environmental science, law, and economics.
    • Ensure transparency and accountability in the regulatory process: Foster a culture of environmental awareness and responsibility among businesses by promoting sustainable and eco-friendly practices. This could involve providing incentives and support to companies that adopt such practices.
    • Review the use of sealed cover jurisprudence: Ensure that it is used judiciously and only in cases where it is necessary to protect sensitive or confidential information.

     

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  • How did Election Commission decide who gets Party Symbol?

    Central idea: A faction within a political party led by the Maharashtra CM has been officially recognized as the legitimate group by the Election Commission of India. The faction has been allotted the “bow and arrow” symbol and the original name for use in future elections.

    Why discuss this?

    • The allotment of election symbols can have a significant impact on the electoral fortunes of political parties and that the current system of allotment may need to be reviewed to ensure greater transparency and fairness.

    EC’s powers in Election Symbol Dispute

    • The question of a split in a political party outside the legislature is dealt by Para 15 of the Symbols Order, 1968.
    • It states that the Election Commission of India’s (ECI) may take into account all the available facts and circumstances and undertake a test of majority.
    • The decision of the ECI shall be binding on all such rival sections or groups emerged after the split.
    • This applies to disputes in recognized national and state parties.
    • For splits in registered but unrecognized parties, the EC usually advises the warring factions to resolve their differences internally or to approach the court.

    How did the EC deal with such matters before the Symbols Order came into effect?

    • Before 1968, the EC issued notifications and executive orders under the Conduct of Election Rules, 1961.
    • The most high-profile split of a party before 1968 was that of the CPI in 1964.
    • A breakaway group approached the ECI in December 1964 urging it to recognize them as CPI(Marxist). They provided a list of MPs and MLAs of Andhra Pradesh, Kerala and West Bengal who supported them.
    • The ECI recognized the faction as CPI (M) after it found that the votes secured by the MPs and MLAs supporting the breakaway group added up to more than 4% in the 3 states.

    Options for ECI

    • The ECI in all likelihood can freeze the symbol so that neither of the two sides is able to use it until a final decision is made.
    • EC hearings are long and detailed and may take at least six months.

    What was the first case decided under Para 15 of the 1968 Order?

    • It was the first split in the Indian National Congress in 1969.
    • Indira Gandhi’s tensions with a rival group within the party came to a head with the death of President Dr Zakir Hussain on May 3, 1969.

    Is there a way other than the test of the majority to resolve a dispute over election symbols?

    • In almost all disputes decided by the EC so far, a clear majority of party delegates/office bearers, MPs and MLAs have supported one of the factions.
    • Whenever the EC could not test the strength of rival groups based on support within the party organization (because of disputes regarding the list of office bearers), it fell back on testing the majority only among elected MPs and MLAs.

    What happens to the group that doesn’t get the parent party’s symbol?

    • The EC in 1997 did not recognize the new parties as either state or national parties.
    • It felt that merely having MPs and MLAs is not enough, as the elected representatives had fought and won polls on tickets of their parent (undivided) parties.
    • The EC introduced a new rule under which the splinter group of the party — other than the group that got the party symbol — had to register itself as a separate party.
    • It could lay claim to national or state party status only on the basis of its performance in the state or central elections after registration.

     

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  • Nominated members cannot vote in Delhi Mayor Poll: Supreme Court

    Central idea: The Supreme Court ordered the Lieutenant Governor of Delhi to notify the first meeting of the Municipal Corporation of Delhi to elect a Mayor within 24 hours and held that nominated members cannot vote in these polls.

    What is the issue?

    • The issue at hand is whether the nominated members of the Municipal Corporation of Delhi should be allowed to vote in the mayoral polls.
    • A Party had challenged the eligibility of the nominated members to vote, arguing that they were appointed by the Delhi government and were therefore not neutral.
    • The Supreme Court of India has now ruled that the nominated members cannot vote in the mayoral polls.

    What has the Supreme Court ruled?

    • The Bench did not agree with the L-G’s contention that nominated members could vote in the first meeting.
    • The court pointed out that Article 243R of the Constitution did not distinguish between the first and regular meetings.

    Who is a Mayor?

    • In India, the mayor is the head of a municipal corporation, which is responsible for providing essential services and infrastructure to the residents of a city or town.
    • The mayor is usually elected by the members of the municipal corporation or council, and serves as the ceremonial head of the local government.

    History of Mayor’s elections in India

    • Municipal corporation mechanisms in India was introduced during British Rule with formation of municipal corporation in Madras (Chennai) in 1688, later followed by municipal corporations in Bombay (Mumbai) and Calcutta (Kolkata) by 1762.
    • However the process of introduction for an elected President in the municipalities was made in Lord Mayo’s Resolution of 1870.
    • Since then the current form and structure of municipal bodies followed is similar to Lord Ripon’s Resolution adopted in 1882 on local self-governance.
    • The 74th Constitutional Amendment Act of 1992 was introduced providing for the transfer of 18 different powers to urban local bodies, including the election of a mayor and to recognise them which included Municipal Corporations, Nagar Panchayats, and Municipal Councils.

    Elections and tenure

    • The method of electing mayor and their tenure varies for each city in India.
    • In Bengaluru (Karnataka) the election process is indirect with a tenure being for one year, in Mumbai (Maharashtra) it follows indirect elections with tenure for 2.5 years and Bhopal (Madhya Pradesh) follows a directly elected mayor with a term for 5 years.

    Roles and Responsibilities

    • Governs the local civic body.
    • Fixed tenure varying in different towns.
    • First citizen of city.
    • Has two varied roles — Representation and upholding of the dignity of the city during ceremonial times and a presiding over discussions of the civic house with elected representatives in functional capacity.
    • The Mayor’s role is confined to the corporation hall of presiding authority at various meetings relating to corporation.
    • The Mayor’s role extends much beyond the local city and country as the presiding authority at corporation meetings during visits of a foreign dignitary to the city as he is invited by the state government to receive and represent the citizens to the guest of honour.
    • At government, civic and other social functions he is given prominence.

     

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