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Subject: Polity

  • PM greets people on Statehood day of Tripura, Manipur, Meghalaya

    state

    Prime Minister has greeted people of three northeast states- Tripura, Manipur and Meghalaya on their Statehood Day.

    What is the news?

    • Today marks the 51st anniversary of the formation of the states, which were created on this day in 1972.
    • While Manipur and Tripura were princely states which were absorbed into India in October 1949, Meghalaya, on the other hand, was part of Assam.
    • The states came into being the North-Eastern Areas (Reorganisation) Act, 1971, enacted on December 30 that year.

    Quick backgrounder

    • These states attained statehood under the North Eastern Region (Reorganization) Act of 1971.
    • The NE composition consisted of Assam plains from the old Assam Province, the hill districts, and the North Eastern Frontier Tracts (NEFT) of the North-Eastern borderland.
    • Later on the NE region was turned into seven sisters with the statehood of Manipur, Tripura, Meghalaya, Assam, Mizoram, Arunachal Pradesh, and Nagaland.

    [1] Meghalaya

    • Apart from accounts of the more essential Khasi kingdoms in the chronicles of the neighbouring Ahoms and Kacharis, little is known of Meghalaya prior to the British rule.
    • However, in the early 19th century, the British desire to build a road through the region to link Bengal and Assam led to a treaty with the ruler (Syiem) of the Khasi principality of Nonkhlaw.
    • In 1829, opponents of the treaty persuaded the Syiem to repudiate it, and a subsequent attack on Britishers led inevitably to its military operations against the Khasis.
    • By the mid-1830s, most local rulers had submitted to the British.
    • For the next century, the British exercised its political control over the area, then known as the Garrows and Cossiya (Khasi) States, but the tribals who were left to fend themselves managed to preserve their traditional culture in seclusion.

    Integration into India

    • In 1947, the rulers of the region acceded to the newly independent India.
    • The first PM Nehru evolved a policy to preserve and protect the culture of the tribal people.
    • The region was given special protection in the Indian constitution along with other tribal areas, and it retained a great deal of autonomy.
    • In 1960, when Assamese became the state’s official language, agitation for autonomy and self-rule gathered strength.
    • Unlike many other hill regions in north-eastern India, this movement was largely peaceful and constitutional.
    • In 1970, Meghalaya became an autonomous state within Assam and achieved full statehood on January 21, 1972.

    [2] Manipur

    • Over 500 princely states had negotiated their accession to the Indian union before independence.
    • According to News Nine, the rulers of these states signed a document called the ‘Instrument of Accession’.
    • On August 11, 1947, Bodhachandra Singh, then Maharaja of Manipur, signed the document. He had been assured that the autonomy of Manipur would be maintained.
    • Elections were held in Manipur in June 1948, but its legislative assembly had differences of opinion on the merger.
    • However, the Maharaja signed a Merger Agreement with India in September 1949.

    [3] Tripura

    • Maharajas of the Manikya dynasty ruled the former princely state of Tripura.
    • It was an independent administrative unit under the Maharaja even during British rule in India.
    • However, according to Tripura State Portal, this independence was qualified, subject to the Britishers’ recognition, as the paramount power of each successive ruler.
    • As per Rajmala, in the royal chronology of Tripura, around 184 kings ruled over the state before it merged with the Indian Union on October 15, 1949.
    • Since then, the history of Tripura has been interspersed with various political, economic and social developments.

    Attainment of full statehood

    • On January 26, 1950, Tripura was accorded the status of a ‘C’ category state, and on November 1, 1956, it was recognized as a Union Territory.
    • With its people’s sustained efforts and struggle, it gained full statehood on January 21, 1972, as per the North-East Reorganisation Act, 1971.
    • Its democratic set-up further stretched to the village level in 1978 with an election to the local bodies that ultimately culminated in introducing a three-tier Panchayati Raj System.

     

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  • Disclosure of Journalistic Sources by Press

    press

    While rejecting a closure report filed by the CBI, a Delhi court said there is “no statutory exemption in India to journalists from disclosing their sources to investigating agencies”.

    What is the news?

    • The CBI had sought to close its investigation on how certain news channels and a newspaper had aired and published reports related to a disproportionate assets case against a leader.
    • It had argued that the “documents used by the news channel were forged” but it could not be established who forged the documents.
    • This certainly amounts to creation of fake news.

    Legal protection for disclosure of Journalistic Sources

    Ans. Freedom of Speech and Expression under Article 19

    • In India, there is no specific legislation that protects journalists from being asked to disclose their sources.
    • Article 19 of the Constitution guarantees the right to freedom of speech and expression to all citizens.
    • Investigative agencies can issue notice to anyone, including journalists, to provide information.
    • Like any citizen, a journalist can be compelled to give evidence in Court.
    • If she does not comply, the journalist can face charges of Contempt of Court.

    Freedom of Press

    • The fundamental right to freedom of speech and expression under Article 19 includes press freedom.
    • This covers an entire process from newsgathering, editorial judgement, publication and distribution of printed matter.
    • Press freedom covers all four stages.

     What have courts said on this issue?

    • While the Supreme Court broadly recognises the freedom of the press, including the right of journalists to ensure the protection of their sources, various courts have ruled differently on this issue.
    • In the Pegasus spyware case (2021), the Court underlined that the protection of journalistic sources is one of the basic conditions for the freedom of the press.
    • In 2019, the Supreme Court in a review petition in the Rafale case overruled the Centre’s objections on the petitioner’s claims since they relied on purportedly “stolen” confidential documents.

    Is there any legal enforcement?

    Ans. No

    • Courts have in “public interest asked journalists to disclose their sources. In the absence of a specific law, it is often the discretion of a Court.
    • Under the Press Council of India (PCI) Act, of 1978, the Press Council has powers of a civil court to deal with complaints when a newspaper has “offended against the standards of journalistic ethics.”
    • However, the Council cannot force a newspaper, news agency, journalist, or editor to reveal their sources during the proceedings.
    • The Whistleblower Protection Act, 2014 offers protection to people disclosing acts of corruption, wilful misuse of power, or criminal offences by public servants, in public interest.

    Recommendations for a change in law

    Ans. Recognition under Indian Evidence Act

    • The Law Commission of India in its 93rd Report in 1983 recommended recognising journalistic privilege by amending the Indian Evidence Act.
    • In its 185th report on the amendments to the Evidence Act, the Law Commission again suggested this amendment.

    Position in other countries

    • United Kingdom: The Contempt of Courts Act 1981 creates a presumption in favour of journalists who want to protect the identity of their sources. However, that right is subject to certain conditions in the “interest of justice”.
    • United States: Although the First Amendment guaranteeing free speech in the United States specifically mentions the press, the Supreme Court has held that journalists do not have the right to refuse to testify in a federal grand jury proceeding and disclose sources.
    • Sweden: The Freedom of the Press Act in Sweden is a broad protection of rights of journalists and even extends to state and municipal employees who might share information with journalists freely. In fact, a journalist who reveals his or her source without consent may be prosecuted at the behest of the source.
    • France and Germany: Journalists can refuse to disclose sources in an investigation.

    Need for non-disclosure

    • Debated issue: The right of journalists to use and protect confidential sources is a debated topic.
    • Vitality of larger public interest: Many journalists say that confidential sources are an essential tool in the search to uncover information of great public interest.
    • Prevent oppression: It is a reporter’s need and duty to protect the identity of the source of his information or else vital information of concern to the people in a democracy would be suppressed.

    Why are we discussing this?

    • Media malpractices are on rise: When the public interest is compelling and the disclosure outweighs the public interest then the sources can be revealed.
    • Serious allegations and media trial: The court can also require disclosure of the source of the news relates to a public office or public official and serious allegations have been made against him.
    • Defamation by media: Also if there is a defamatory article against a person then the Court may compel the journalist to reveal his source.

    Why media needs protection for sources?

    Where source protection is compromised, the impacts can include:

    • Pre-publication exposure of journalistic investigations may trigger cover-ups, intimidation, or destruction of information,
    • Revelation of sources’ identities has legal or extra-legal repercussions,
    • Sources of information running dry,
    • Self-censorship by journalists and citizens.

    Conclusion

    • Indian law on source disclosure is limited and has mostly been determined by courts on a case-by-case basis.

     

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  • Renaming of Madras State as Tamil Nadu

    Tamil Nadu Governor’s remarks suggesting changing the name of the state to ‘Tamizhagam’ has triggered a controversy.

    What is the news?

    • Several political parties, including the TN CM, condemned the speech and recalled the struggle to rename the Madras State to Tamil Nadu.
    • It was on January 14, 1969, that the Madras State was officially renamed Tamil Nadu, under the then Chief Minister CN Annadurai.

    A short history of Tamil Nadu

    • Social activist E V Ramasamy, fondly known as ‘Periyar’ (1879-1973), had started the Self-Respect Movement in 1925 to “redeem the identity and self-respect” of Tamils.
    • He envisaged an independent Dravida homeland of Dravida Nadu (In Tamil, Nadu means country), comprising Tamil, and Malayalam, Telugu and Kannada speakers.
    • He launched a political party called the Dravidar Kazhagam (DK).
    • Periyar also opposed the imposition of Hindi and emphasized the need for a cultural identity of the Tamil nation.

    How Madras State became Tamil Nadu?

    • Formerly called Madras Province, it had been renamed Madras State on January 26, 1950.
    • The name Madras State did not become Tamil Nadu overnight.
    • Congress party worker ‘Thiyagi’ Sankaralingam was behind the first demand to change the name, in the 1950s, and made repeated representations.
    • In 1953, several Tamil scholars including Ma. Po. Sivagnanam raised the demand in the Madras Legislative Council.
    • In 1956, Congress leader K P Sankaralinganar began an indefinite fast. One of his demands was the renaming of the state to Tamil Nadu.
    • It is noted that Sankaralinganar fasted for 76 days, which resulted in his death on October 13, 1956. Sankaralinganar’s death further spurred on the fight for renaming the state.

    Reception in Parliament

    • Around the same time, Member of Parliament and Communist leader from West Bengal, Bhupesh Gupta, moved a Bill in Parliament for renaming Madras State as Tamil Nadu.
    • At that time, CN Annadurai, who was a Rajya Sabha member, supported the move.
    • Speaking in favour of the Bill, Annadurai argued that a capital city (Madras) cannot become the name of a state and he also cited that the name Tamil Nadu had been used in ancient literature.

    When it finally happened?

    • Cut to six years later, on July 18, 1967, CM Annadurai prepared a resolution in the State Assembly.
    • During the debate, Opposition Leader P G Karuthiraman said, “Madras is a name in world history; Tamil Nadu will take time to reach the same heights”.
    • So, he suggested that the name ought to be ‘Tamil Nadu-Madras State’.
    • But, after consensus, Tamil Nadu was accepted as the name and a resolution passed unanimously.

     

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  • Hate speech a menace, buck stops at Centre: SC

    hate speech

    The Supreme Court has said the “buck ultimately stops with the government” to clamp down on hate speech and hate crimes, as they are offenses committed on society.

    What is ‘Hate Speech’?

    • There is no specific legal definition of ‘hate speech’.
    • The Law Commission of India, in its 267th Report, says: “Hate speech generally is an incitement to hatred primarily against a group of persons defined in terms of race, ethnicity, gender, sexual orientation, religious belief and the like …
    • Thus, hate speech is any word written or spoken, signs, visible representations within the hearing or sight of a person with the intention to cause fear or alarm, or incitement to violence.”
    • In general, hate speech is considered a limitation on free speech that seeks to prevent or bar speech that exposes a person or a group or section of society to hate, violence, ridicule or indignity.

    Attributes of Hate Speech

    Hate Speech has three important attributes:

    1. Hate speech can be conveyed through any form of expression, including images, cartoons, memes, objects, gestures and symbols and it can be disseminated offline or online.
    2. Hate speech is “discriminatory” (biased, bigoted or intolerant) or “pejorative” (prejudiced, contemptuous or demeaning) of an individual or group.
    3. Hate speech calls out real or perceived “identity factors” of an individual or a group, including: “religion, ethnicity, nationality, race, colour, descent, gender,” but also characteristics such as language, economic or social origin, disability, health status, or sexual orientation, among many others.

    How is it treated in Indian law?

    • Provisions in law criminalize speeches, writings, actions, signs and representations that foment violence and spread disharmony between communities and groups and these are understood to refer to ‘hate speech’.
    • Sections 153A and 505 of the Indian Penal Code are generally taken to be the main penal provisions that deal with inflammatory speeches and expressions that seek to punish ‘hate speech’.

    [I] Section 153A:

    • Promotion of enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony’, is an offence punishable with three years’ imprisonment.

    [II] Section 505:

    • 505(1): Statements conducing to public mischief– The statement, publication, report or rumour that is penalized under Section 505(1) should be one that promotes mutiny by the armed forces, or causes such fear or alarm that people are induced to commit an offence against the state or public tranquillity. This attracts a jail term of up to three years.
    • 505(2): It is an offence to make statements creating or promoting enmity, hatred or ill-will between classes.
    • 505(3): Same offence will attract up to a five-year jail term if it takes place in a place of worship, or in any assembly engaged in religious worship or religious ceremonies.

    Some Supreme Court Judgements

    1.Rangila Rasool case

    • Rangila Rasool was a tract brought out by a Hindu publisher — that had made disparaging remarks about the Prophet’s private life.
    • Cases against the first pamphlet, filed under Section 153A, were dismissed by the Punjab and Haryana High Court, which examined the question whether targeting religious figures is different from targeting religions.
    • This debate in interpretation prompted the colonial government to enact Section 295A with a wider scope to address these issues.

    2. Ramji Lal Modi v State of Uttar Pradesh

    • The constitutionality of Section 295A was challenged.
    • The Supreme Court upheld the law on the grounds that it was brought in to preserve “public order”.
    • Public order is an exemption to the fundamental right to freedom of speech and expression and the right to religion recognised by the Constitution.

    3. Ramlal Puri v State of Madhya Pradesh

    • In 1973, the Supreme Court said the test to be applied is whether the speech in question offends the “ordinary man of common sense” and not the “hypersensitive man”.
    • However, these determinations are made by the court and the distinction can often be vague and vary from one judge to the other.

    4.Baragur Ramachandrappa v State of Karnataka:

    • A 2007 decision of the Supreme Court, “a pragmatic approach” was invoked in interpreting Section 295A.
    • The state government had issued a notification banning Dharmakaarana, a Kannada novel on the ground that it was hate speech, invoking a gamut of provisions including Section 295A.

    Why curb hate speeches?

    • Creates social divide: Individuals believe in stereotypes that are ingrained in their minds and these stereotypes lead them to believe that a class or group of persons are inferior to them and as such cannot have the same rights as them.
    • Threat to peaceful co-existence: The stubbornness to stick to a particular ideology without caring for the right to co-exist peacefully adds further fuel to the fire of hate speech.

    Issues in regulating hate speech

    • Powers to State: Almost every regulation of speech, no matter how well-intentioned, increases the power of the state.
    • Hate speeches are Political: The issue is fundamentally political and we should not pretend that fine legal distinctions will solve the issue.
    • Legal complications: An over-reliance on legal instruments to solve fundamental social and political problems often backfires.
    • Misuse of Laws: Lower conviction rates for these provisions indicate that the process where a police officer can arrest without a warrant is often the punishment.
    • Violation of free speech: Critics have pointed out that these laws are intended for the state to step in and restore “public order” rather than protect free speech.
    • Vague terms in the law: The broad, vague terms in the laws are often invoked in its misuse.
    • Old-aged Laws: Section 295A lie in the communally charged atmosphere of North India in the 1920s.

    Suggestions made by Law Commission

    In its 267th report, the Law Commission of India proposed including the following two provisions:

    • Section 153C covers crimes committed when someone threatens someone with remarks meant to incite fear, hatred, or violence based on someone’s race, caste, religion, sex, gender identity, or other characteristics.
    • Section 505A should be included and have provisions that make inciting fear, alarm, or violence a crime.

    Suggestions for Changes in IPC:

    Viswanathan Committee 2019:

    • It proposed inserting Sections 153 C (b) and Section 505 A in the IPC for incitement to commit an offence on grounds of religion, race, caste or community, sex, gender identity, sexual orientation, place of birth, residence, language, disability or tribe.
    • It proposed punishment of up to two years along with Rs. 5,000 fine.

    Bezbaruah Committee 2014:

    • It proposed amendment to Section 153 C IPC (promoting or attempting to promote acts prejudicial to human dignity), punishable by five years and fine or both and Section 509 A IPC (word, gesture or act intended to insult member of a particular race), punishable by three years or fine or both.

    Way forward

    • Subjects like hate speeches become a complex issue to deal with, in a country like India which is very diverse, as it was very difficult to differentiate between free and hate speech.
    • There are many factors that should be considered while restraining speeches like strong opinions, offensive comments towards certain communities, the effect on values like dignity, liberty and equality.
    • We all have to work together and communicate efficiently for our country to be a healthy place to live in.

     

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  • All Sikkimese women must be allowed to get IT relief: SC

    The Supreme Court in a judgment, held that exclusion of Sikkimese women who marry non-Sikkimese men after April 1, 2008 from exemptions under the Income Tax Act is unconstitutional and amounts to gender discrimination.

    What is the news?

    • The top court’s verdict came on appeal filed by the Association of Old Settlers of Sikkim and others seeking striking down of Section 10(26AAA) of the Income Tax Act, 1961.
    • More particularly, the definition of “Sikkimese” in Section 10 (26AAA) to the extent it excludes Indians who have settled in Sikkim prior to the merger of Sikkim with India on April 26, 1975.

    The story of Sikkim

    • Sikkim witnessed 333 years monarchical rule of Namgyal dynasty under whose reign there many invasions, foreign interference, accession and annexation.
    • On 28th March, 1861 Sikkim became a formal protectorate of the British Government and on 16th May, 1975 it became the 22nd state of the Indian Union.
    • In erstwhile Himalayan Kingdom of Sikkim, no legal rights were conferred to Sikkimese women.
    • However, after Sikkim’s merger with India such Regulations relating to Sikkim citizenship have become futile and non-operational.

    How women rights in Sikkim are different from that of mainstream India?

    The status of rights conferred to Sikkimese women is different from that of women in India. Certain conditionality were imposed upon their property or inheritance right such as the following:

    1. Immovable property inherited, gifted or purchased by women married to non-locals cannot be transferred and registered in their names.
    2. Immovable property of a Sikkimese woman cannot be transferred or registered to her legal heirs if her husband is non-Sikkimese.
    3. Mandatory requirement for Sikkimese women to submit an “unmarried certificate in all government procedures”.
    4. Identity of women is to be based on the identity of not one, but two men. A Sikkimese woman will be considered Sikkimese only if both, her father and husband are also Sikkimese

    Issues with such regulations

    • Unconstitutional: The discrimination is based on gender, which is wholly violative of Articles 14, 15 and 21 of the Constitution.
    • Gendered bias: It is to be noted that there is no disqualification for a Sikkim man, who marries a non-Sikkimese after April 1, 2008.
    • Associating identity to marriage: A woman is not a chattel and has an identity of her own, and the mere factum of being married ought not to take away that identity,” Justice Shah wrote.
    • No legal basis: Sikkim has become a part of India and all Sikkim Subjects and all Sikkimese domiciled in the territory of Sikkim have become Indian citizens.

    Note: Article 14 relates to equality before law, while Article 15 forbids discrimination on grounds of religion, race, caste, sex or place of birth, and Article 21 provides for right to life and personal liberty.

    Way ahead

    • Legal reforms: The centre shall make an amendment to Explanation to Section 10 (26AAA) of IT Act, 1961, so as to suitably include a clause to extend the exemption from payment of income tax to all Indian citizens domiciled in Sikkim on or before April 26, 1975.
    • Ensure parity: The reason for such a direction is to save the explanation from unconstitutionality and to ensure parity in the facts and circumstances of the case.

     

     

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  • Under Constitution, law declared by the Supreme Court is binding on all

    law

    Vice President Jagdeep Dhankhar questioned the landmark 1973 Kesavananda Bharati case verdict that gave the basic structure doctrine, saying it set a bad precedent and if any authority questions Parliament’s power to amend the Constitution, it would be difficult to say ‘we are a democratic nation’.

    What did the SC say?

    • Vice-President’s public criticism of the National Judicial Appointments Commission (NJAC) judgment may be seen as comments by a high constitutional authority against “the law of the land” (Art. 141).
    • That is, as long as the NJAC judgment, which upholds the collegium system of judicial appointments, exists, the court is bound to comply with the verdict.
    • The Parliament is free to bring a new law on judicial appointments, possibly through a constitutional amendment, but that too would be subject to judicial review.

    What is Article 141?

    • Article 141 provides that the law declared by the Supreme Court shall be binding on all courts within the territory of India.
    • The law declared has to be construed as a principle of law that emanates from a judgment, or an interpretation of law or judgment by the Supreme Court, upon which, the case is decided.
    • This article forms the basis of Doctrine of Precedent in India.

    What has the VP accused the judiciary of?

    • Dilution of Parliamentary Sovereignty: The Vice-President had remarked that judicial review, as was done in the case of the NJAC law, diluted parliamentary sovereignty. He had used terms like “one-upmanship”.
    • Curb on Legislature: The Vice-President had said he did not “subscribe” to the landmark Kesavananda Bharati judgment of 1973 which limited the Parliament’s power under Article 368 to amend the Constitution.
    • Disregard to the mandate of people: Dhankhar said no institution can wield power or authority to neutralise the mandate of people.

    Notes for Aspirants

    A classic observation in this regard was made by Chief Justice Patanjali Shastri in State of Madras versus V.G. Row (1952).  Justice Shastri’s words were reproduced by Chief Justice J.S. Khehar in his lead opinion for the Constitution Bench in the NJAC case in October 2015.

    (1) Actual nature of Judicial Review

    • Justice Shastri said judicial review was undertaken by the courts “not out of any desire to tilt at legislative authority in a crusader’s spirit, but in discharge of a duty plainly laid down upon them by the Constitution”.
    • The Kesavananda Bharati verdict (1973) had made it clear that judicial review is not a means to usurp parliamentary sovereignty.
    • It is a “system of checks and balances” to ensure constitutional functionaries do not exceed their limits.

    (2) Limitations to Article 368

    • Article 368 postulates only a ‘procedure’ for amendment of the Constitution.
    • The same could not be treated as a ‘power’ vested in the Parliament to amend the Constitution so as to alter the ‘core’ of the Constitution, which has also been described as the ‘basic structure’ of the Constitution.

    Back2Basics: Doctrine of Precedent

    • Any judicial system’s structure places a high priority on the notion of precedent.
    • It suggests that a judgement made by a court at the top of the judicial food chain binds courts below it.
    • According to Article 141 of the Indian Constitution, all lower courts must abide by the Supreme Court’s interpretation of the law.
    • Similar to this, a State’s High Court’s decision is binding on all Lower Courts within that state, and a division bench of a State High Court’s ruling is binding on the Justices sitting singly in that High court.

     

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  • Notification of Minorities  

    The Delhi government has suggested that the Centre can grant “migrated minority” status to Hindus who have moved to the national capital from places like Jammu and Kashmir or Ladakh where they are a religious minority.

    What is the news?

    • The suggestion by the Delhi government is part of a compilation of views collected by the Centre from 24 States.
    • It studies whether religious and linguistic minority communities should be identified and notified by the Union or the respective States.
    • It is part of an affidavit submitted by the Centre in the Supreme Court.

    Who are the Minorities?

    • Muslims, Sikhs, Christians, Buddhists, Jain and Zorastrians (Parsis) have been notified as minority communities under Section 2 (c) of the National Commission for Minorities Act, 1992.
    • As per the Census 2011, the percentage of minorities in the country is about 19.3% of the total population of the country.
    • The population of Muslims are 14.2%; Christians 2.3%; Sikhs 1.7%, Buddhists 0.7%, Jain 0.4% and Parsis 0.006%.
    • Minority Concentration Districts (MCD), Minority Concentration Blocks and Minority Concentration Towns, have been identified on the basis of both population data and backwardness parameters of Census 2001 of these areas.

    Defining Minorities

    • The Constitution recognizes Religious minorities in India and Linguistic minorities in India through Article 29 and Article 30.
    • But Minority is not defined in the Constitution.
    • Currently, the Linguistic minorities in India are identified on a state-wise basis thus determined by the state government whereas Religious minorities in India are determined by the Central Government.
    • The Parliament has the legislative powers and the Centre has the executive competence to notify a community as a minority under Section 2(c) of the National Commission for Minorities Act of 1992.

    Article 29: It provides that any section of the citizens residing in any part of India having a distinct language, script, or culture of its own, shall have the rights of minorities in India to conserve the same. Article 29 is applied to both minorities (religious minorities in India and Linguistic minorities in India) and also the majority. It also includes – rights of minorities in India to agitate for the protection of language.

    Article 30: All minorities shall have the rights of minorities in India to establish and administer educational institutions of their choice. Article 30 recognises only Religious minorities in India and Linguistic minorities in India (not the majority). It includes the rights of minorities in India to impart education to their children in their own language.

    Article 350-B: Originally, the Constitution of India did not make any provision with respect to the Special Officer for Linguistic minorities in India. However, the 7th Constitutional Amendment Act, 1956 inserted Article 350-B in the Constitution. It provides for a Special Officer for Linguistic Minorities appointed by the President of India. It would be the duty of the Special Officer to investigate all matters relating to the safeguards provided for linguistic minorities under the Constitution.

    Various states on Minorities

    • Maharashtra has notified ‘Jews’ as a minority community within the State.
    • Again, Karnataka notified Urdu, Telugu, Tamil, Malayalam, Marathi, Tulu, Lambadi, Hindi, Konkani and Gujarati as minority languages within the State.

    Why in news?

    • The Centre was responding to a petition filed stating that the followers of Judaism, Baha’ism and Hinduism — who are the real minorities in Ladakh, Mizoram, Lakshadweep, Kashmir, Nagaland, Meghalaya, Arunachal Pradesh, Punjab and Manipur.
    • They however cannot establish and administer educational institutions of their choice.
    • The Centre said the allegation was “not correct”.
    • The government’s affidavit explained that Parliament and State legislatures have concurrent powers to enact laws to provide for the protection of minorities and their interests.

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  • Supreme Court’s ‘Basic Structure’ verdict set bad precedent: VP

    court

    The Vice-President while addressing the 83rd Conference of Presiding Officers said that the Kesavananda Bharati case judgment of 1973 set a bad precedent by seeking to establish judicial supremacy.

    Kesavananda Bharati Case (1973)

    • The Kesavananda Bharati judgement, was a landmark decision of the Supreme Court that outlined the basic structure doctrine of the Indian Constitution.
    • The case is also known as the Fundamental Rights Case.
    • The SC in a 7-6 decision asserted its right to strike down amendments to the constitution that were in violation of the fundamental architecture of the constitution.
    • The Court asserted through the Basic Structure doctrine that the constitution possesses a basic structure of constitutional principles and values.
    • Key outcomes were:
    1. Judicial Review: The Court partially cemented the prior precedent Golaknath v. State of Punjab, which held that constitutional amendments through Article 368 were subject to fundamental rights review, but only if they could affect the ‘basic structure of the Constitution’.
    2. Exceptions to Judicial Review: At the same time, the Court also upheld the constitutionality of the first provision of Article 31-C, which implied that amendments seeking to implement the Directive Principles, which do not affect the ‘Basic Structure,’ shall not be subjected to judicial review.

    Why are we discussing it now?

    Ans. Centre vs. Judiciary Tussle

    • The doctrine forms the basis of power of the Indian judiciary to review and override amendments to the Constitution of India enacted by the Parliament.
    • Since few days, Judiciary and Executive are at loggerheads.
    • In political sphere, there is a greater resentment against the SC verdict striking down the NJAC Act.
    • Comments over appointment/transfer of judges in non-transparent manner has become a very common.

     

    National Judicial Appointment Commission (NJAC)

    • The NJAC was a body that was proposed to make appointments of Chief Justices, Supreme Court judges, and High Court judges in a more transparent manner as compared to the existing collegium system.
    • It sought to replace the Collegium System.
    • It was proposed via the National Judicial Appointments Commission Bill, 2014.
    • The bill was passed by both the houses; Lok Sabha and Rajya Sabha, and also received the President’s assent.
    • The commission was established by the 99th Constitutional Amendment Act, 2014.
    • The Act proposed that the members of NJAC would be composed of members from the legislative, judicial, and civil society.

     

    Reasons behind VP’s harsh comments

    Ans. Parliamentary Supremacy (Mandate of the People) overpowers Basic Structure

    • VP said that in a democratic society, “the basic” of any “basic structure” has to be the supremacy of the mandate of the people.
    • Thus the primacy and sovereignty of Parliament and legislature is inviolable.
    • He said all constitutional institutions — judiciary, executive and legislature— are required to remain confined to their respective domains and conform to the highest standards of propriety and decorum.
    • He said the power of Parliament to amend the Constitution and deal with legislation should not be subject to any other authority.

    Conclusion

    • After analyzing both NJAC and the collegium system, it can be inferred that neither of the methods is complete and both lack certain aspects.
    • Many former judges and legal experts are supporting the NJAC.
    • However, legal jurists are divided on NJAC, with some supporting it while others calling for amendments to the Act.
    • It is quite evident that neither the collegium system nor the NJAC is accurate; both have some shortcomings.

     

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  • First of its kind: Governor skipping the text of customary address to the assembly

    Power

    Context

    • Governor of Tamil Nadu left the assembly session of house while chief minister was point out that governor skip the certain portion of the speech which he was suppose to read. This has again raised the questions over powers and functions of governor.

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    History about powers of governor and assembly address

    • Non-interference of Governors under British: A good governor must stay above politics and manifestly be seen as impartial and fair. In 1937, when the Congress won elections in seven provinces, it took office on the condition that the British governors would not interfere in the functioning of its ministries and refrain from exercising “discretion and special powers”.
    • Special powers under the constitution: However, after Independence, India conferred the same special powers on governors.
    • Yogender Singh Handa v. State of Rajasthan (1967): In 1967, Rajasthan Governor Sampuranand skip a part the speech. In Yogender Singh Handa v. State of Rajasthan (1967), the Rajasthan High Court held that some portion read by the governor was good enough to deem the whole address as read.
    • Governor Padmaja Naidu case: On February 8, 1965, when her request for “silence, silence, permit me to address” was ignored, West Bengal Governor Padmaja Naidu left the assembly without delivering the ceremonial address. The Speaker took the chair and announced that the governor had been pleased to make her speech and lay a copy of her speech on the table of the House.

    Powers and functions of the governor

    • Integral part of assembly: The governor is an integral part of the legislative assembly. He calls its sessions and he dissolves the House.
    • Right to address first session of the house: Under Article 176(2(b), he has the right to address the first session of the House. This address is an integral part of constitutional symbolism and has huge significance.
    • Powers of cabinet, not Governor’s: The Constitution gives no discretion to governors in the matter of convening the session of the assembly. Parliamentary democracy being the basic structure of our Constitution, this is the prerogative of the Cabinet though Article 174 does say that the governor from time to time summons the assembly to meet at such time and place “he thinks fit”.
    • Nabam Rebia (2016) case: Governors have no business to question the purpose of convening the sessions of the House. A five-judge bench of the Supreme Court in Nabam Rebia (2016) had observed that the Governor of Arunachal Pradesh, J P Rajkhowa, who advanced the session of the assembly without the advice of the chief minister, had exceeded his jurisdiction as he had no discretion in convening the assembly session.

    Legality of governor skipping the mandatory speech to assembly

    • Governor cannot decline to give a speech: Justice B N Banerjee of the Calcutta High Court in Andul Gafoor Habibullah v. Speaker, West Bengal Assembly (1966) held that the governor cannot decline to deliver his address and refuse to fulfil his constitutional duty.
    • Failure to address is irregularity not legality: The address under Article 176 is mandatory. However, the HC held that when the governor fails to deliver his address under Article 176 and walks out of the House after laying down the address on the table of the House, this is mere irregularity, not illegality.
    • Non-judiciable in court: It cannot be questioned under Article 212, wherein the validity of the House proceedings cannot be challenged on the ground of mere irregularity in the procedure. The petitioner’s claim, in this case, was that since the House did not start its proceedings with the customary address by the governor, it has vitiated the proceedings of the House.

    Implications: If governor refuses/fails to deliver assembly address?

    • Possibility of constitutional crisis: Governors editing/deleting the speech may indeed create a constitutional crisis. The chief minister may refuse to defend the address in his response at the end of the debate on the governor’s address and with the chief minister commanding a majority, the House may reject the resolution on the governor’s speech.
    • CM may need to resign: When the governor’s/president’s address faces such a defeat, it is considered a no-confidence motion and the chief minister or the prime minister as the case may be, needs to resign.
    • Resignation over irregularity: Such a resignation for something that the government did not include in the ceremonial address but the governor had said on its own would not only be grossly unjust and unethical but absolutely undemocratic.
    • Past precedence of resignation: Chief Minister Gurnam Singh of Punjab in 1967 had resigned when the governor’s address was defeated on the floor of the House. UP CM C B Gupta too had to resign in similar circumstances when a resolution thanking the governor was defeated in the UP assembly. Thus, the governor has no discretion in editing the address.

    assembly

    Conclusion

    • Governor is neither a decorative emblem nor a glorified cipher. His powers are limited but he has an important constitutional role to play in the governance of the state and in strengthening federalism. He is the head of the state and all chief ministers, including the Tamil Nadu chief minister, must remember it. All governors too must remain true to their oath of preserving, protecting and defending the Constitution.

    Mains Question

    Q. What are the functions of the Governor with respect to addressing the assembly of the state? What may be the implications of the Governor skipping the address to assembly?

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  • Pravasi Bharatiya Divas (PBD) and Indian Diaspora

    diaspora

    Inaugurating the 17th Pravasi Bharatiya Divas convention on, Prime Minister said Indians living overseas are “brand ambassadors” of the country on foreign soil. The theme of the PBD Convention is “Diaspora: Reliable partners for India’s progress in Amrit Kaal”.

    Pravasi Bharatiya Divas (PBD)

    • PBD is a celebratory day observed (starting in 2003) on 9 January to mark the contribution of the overseas Indian community towards the development of India.
    • The day commemorates the return of Mahatma Gandhi from South Africa to Mumbai on 9 January 1915.
    • Established in 2000, it is sponsored by the Ministry of External Affairs.

    History of the Indian expat

    • The 19th and early 20th centuries saw thousands of Indians shipped to those countries to work on plantations in British colonies, which were reeling under a labour crisis due to the abolition of slavery in 1833-34.
    • As part of the second wave of migration, nearly 20 lakh Indians went to Singapore and Malaysia to work in farms.
    • The third and fourth wave saw professionals heading to western countries and workers going to the Gulf and west Asian countries in the wake of the oil boom.

    Numbers and geographical spread

    diaspora

    • There are 4.7 crore Indians living overseas. The number includes NRIs, PIOs, OCIs, and students.
    • Excluding students, the number stands at 3.22 crore, including 1.87 crore PIOs and 1.35 crore NRIs.
    • According to the World Migration Report, prepared by the International Organisation for Migration under the UN, India has the largest emigrant population in the world.
    • It is the top origin country globally, followed by Mexico, Russian and China.

    Indian Diaspora: Historical perspective

    • Imperialism led-migration: The incorporation of the British Empire in India can be linked to the existence of modern Indian Diaspora all over the world.
    • Indentured labor: Dating back to the nineteenth century, Indian indentured labor was taken over to the British colonies in different parts of the world.
    • World Wars: In the post-World War II period, most of the Indian labor and professionals got scattered and it was a worldwide phenomenon.
    • European reconstruction: The reconstruction of Europe after the war was provided by Indians and other South Asians, particularly in the United Kingdom and Netherlands.
    • Modern brain-drain: Most recently, Indians have made their presence visibly felt in professions in countries like the United States, Canada, and Australia.

    Major sections of Indian Diaspora

    (1) Indians in the Gulf

    • Around 8.5 million Indians live and work in the Gulf countries, one of the largest concentrations of migrants in the world.
    • The geographical and historical proximity makes it a convenient destination for Indians.
    • Today migrants from across India are working and living in the Gulf countries (Saudi Arabia, UAE, Qatar, Bahrain, Oman, and Kuwait).

    (2) Indians in USA

    • In recent decades the population has grown substantially, with 2.4 million Indian immigrants resident in the United States as of 2015.
    • This makes the foreign-born from India the second-largest immigrant group in the US after Mexicans.

    Categorizing Indian’s abroad

    Overseas Indians, officially known as Non-resident Indians (NRIs) or Persons of Indian Origin (PIOs), are people of Indian birth, descent or origin who live outside the Republic of India:

    1. Non-Resident Indians (NRI): NRIs are Indians who are residents of foreign countries.
    2. Persons of Indian Origin (PIOs): The PIO category was abolished in 2015 and merged with the OCI category. However, existing PIO cards are valid till December 31, 2023. PIO refers to a foreign citizen (except a national of Pakistan, Afghanistan Bangladesh, China, Iran, Bhutan, Sri Lanka and Nepal) who at any time held an Indian passport, or who or either of their parents/ grandparents/great grandparents was born and permanently resided in India as defined in Government of India Act, 1935, or who is a spouse of a citizen of India or a PIO.
    3. Overseas Citizens of India (OCIs): A separate category of OCI was carved out in 2006. An OCI card was given to a foreign national who was eligible to be a citizen of India on January 26, 1950, was a citizen of India on or at any time after January 26, 1950, or belonged to a territory that became part of India after August 15, 1947. Minor children of such individuals, except those who were a citizen of Pakistan or Bangladesh, were also eligible for OCI cards.

    Significance of Indian diaspora 

    (A) Contribution in the freedom struggle

    • Mahatma Gandhi’s struggle for ending institutionalized discrimination against Indians in South Africa became an inspiring legend for enduring sentimentalism about the diaspora in modern India.
    • The diaspora also became a vehicle for promoting the cause of Indian independence among the political elites of major countries.
    • As the independence movement gathered momentum at home, it began to influence many Indian communities abroad.

    (B) Diaspora as Cultural extension

    • The act of migration is not just limited to geographical limits; rather it is a cultural extension.
    • Let us take the example of the Sikh community. The Sikhs are one of the largest migrants from India to the UK, Canada and many other countries.
    • They have very well maintained their culture and ethnic existence for decades.

    (C) Remittances

    • Money sent home by migrants is one of the largest financial inflows to developing countries.
    • The latest World Bank Migration and Development Brief, released in November 2022, said, For the first time a single country, India, is on track to receive more than $100 billion in yearly remittances.
    • In 2020, India and China received the largest amounts of international remittances in Asia, with a combined total of more than $140 billion, it added.

    (D) Diaspora as ‘Agents of change’

    • Diaspora acts as ‘agents of change’ facilitating and enhancing investment, accelerating industrial development, and boosting international trade and tourism.
    • Diaspora’s motives to invest in India are long-lasting as many of them wish to establish a long-term base in India.

     (E) Technological development and entrepreneurship

    • Another tangible long-term advantage in nurturing ties with an active diaspora is an accelerated technological sector and increased socio-economic development.
    • Some examples to illustrate this phenomenon are Bengaluru, Gurugram and Hyderabad as thriving IT hubs that not only house multinational companies (MNCs) but also multiple Indian start-ups.

    (F) Enhancing India’s global say

    • India’s permanent membership to the UNSC can become a reality with support from the diaspora.
    • Apart from political pressures and ministerial and diplomatic level lobbying, India can leverage its diaspora to influence states such as Canada and Mexico to support India’s membership

    Most Importantly,

    (G) Diaspora diplomacy

    • The diaspora’s ability to spread Indian soft power, lobby for India’s national interests, and contribute economically to India’s rise is now well-recognized.
    • A less tangible but important advantage in having a large immigrant group is “diaspora diplomacy”.
    • The recent engagement of Indian leaders in US general elections is a continuation of the extraordinary political investment in engaging the Indian diaspora.

    India’s engagement with Diaspora: A policy-wise perspective

    • Many of the themes of India’s contemporary diaspora policy had their origins in the approach of the Indian national movement before independence.
    • The nationalist backlash against the Indian communities in Africa and Asia in the 1950s and 1960s saw Delhi consciously distance itself from the diasporic communities.
    • As India turned inwards, Delhi also took a dim view of the “brain drain” as many well-trained Indians began to look for opportunities elsewhere.
    • It was only in the late 1980s that Delhi began to rethink its approach to the diaspora.

    Change in recent years

    • PM Rajiv Gandhi was the first to appreciate the potential role diaspora could play in advancing national development and improving India’s ties with the US.
    • In 2000, the Pravasi Bharatiya Divas was commenced to be celebrated and also led to the formation of a separate Ministry for Overseas Indians under PM AB Vajpayee.
    • Other innovative initiatives like the Know India Programme (KIP) and Study India Programme (SIP) were launched.
    • These have engaged the youth living abroad and the Tracing the Roots Scheme, through which some Indians have been able to trace their roots in India.

    Most recent initiatives

    • India has been following the spirit of 4 Cs i.e. Connect – Contribute – Celebrate – Care.
    • There is a dedicated Diaspora Welfare Officer.
    • The authorities have been ensuring 100 percent grievance redressal through E-Migration Portal, Madad Portal, and CPGRAMS.

    Various policy initiatives   

    • Education: NRI seats are reserved in all the medical, engineering and other professional colleges.
    • Voting rights: The Representation of the People (Amendment) Bill 2017 the provision would help non-resident Indians (NRIs) to participate in the electoral process through ‘proxy voting’.
    • Know India Program (KIP): It is a flagship initiative for Diaspora engagement which familiarizes Indian-origin youth (18-30 years) with their Indian roots and contemporary India has been refashioned.
    • Minimum Referral Wages (MRW): A number of policies were announced keeping in mind the protection of welfare and interest of Indians abroad; for example, the 2014 Minimum Referral Wages (MRW).
    • Easing the passport facility: The last three years saw the launch of Head Post Offices as passport centers enabling thousands more to apply for a passport.

    Challenges faced by Diaspora

    • Racial antagonism: Rising incidence of hate speech and crimes against Indians by the locals due to racism, and communalism emboldened by coming of nationalist and ultra-nationalist governments to power in many countries.
    • Protectionism: Fear of losing jobs and educational opportunities to outsiders has resulted in stricter visa rules in many countries including the USA, Australia, etc.
    • Terrorism: Sectarian crisis, increasing terrorist activities and war in the Middle East countries (Yemen, Oman, Libya, Syria etc) leave our diaspora vulnerable to attacks.
    • Political Polarization: Many Indians abroad are turning against India since the change of government and some extreme right wing factionists.
    • Anti-national tendencies: India has had problems with negative campaigning and foreign funding, coming from abroad, for separatist movements like the Khalistan movement.

    Way forward

    • India has enjoyed being viewed more favourably by the world since 2014, and the diaspora can further these perceptions.
    • India needs both additional resources as well as better systems to deal with the recurring challenges of supporting citizens abroad.
    • The diaspora can step up and act as Indian ‘ambassadors’, as it is insufficient and ineffective for a country or its missions abroad to rely only on press releases to change public opinion.
    • The diaspora can provide the requisite strategic impulse, which makes it all the more important to unlock their potential.

     

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