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Subject: Polity

  • What is Adjournment Sine Die?

    Both houses of the Parliament were adjourned sine die, six days ahead of their schedule.

    Session of Parliament and Related Terminologies

    • During a session, both the Houses meet almost daily barring holidays to transact business be it to discuss a matter of public matters, frame laws, amend laws, place Standing Committee reports and pass financial bills among others.
    • The Houses are in session thrice a year: Budget Session (February to May); Monsoon Session (July to September); and Winter Session (November to December).

    Terminating the session

    • During a session of Parliament, usually, there are two sittings: morning sitting from 11 am to 1 pm and post-lunch sitting from 2 pm to 6 pm.
    • The sitting of the Parliament in both the Houses can be terminated only by adjournment, adjournment sine die, prorogation and dissolution (not applicable for Rajya Sabha).
    • Technically, a session of the Parliament means the period between the first sitting of a House and its prorogation or dissolution.
    • The period between the prorogation of a House and its reassembly in a new session is called a recess.

    (1) Adjournment sine die

    • Adjournment sine die means terminating a sitting of Parliament for an indefinite period, that is, when the House is adjourned without naming a day for reassembly, it is called adjournment sine die.
    • The power of adjournment sine die lies with the presiding officer of the House.
    • However, the presiding officer of a House can call a sitting of the House before the date or time to which it has been adjourned or at any time after the House has been adjourned sine die.

    (2) Adjournment

    • An adjournment results in the suspension of work in a sitting for a specified time, which may be hours, days or weeks.
    • In this case, the time of reassembly is specified as an adjournment only terminates a sitting and not a session of the House.
    • The power of adjournment lies with the presiding officer of the House.

    (3) Prorogation

    • The term prorogation means the termination of a session of the House by an order made by the President under Article 85(2)(a) of the Constitution.
    • The prorogation terminates both the sitting and session of the House and is usually done within a few days after the House is adjourned sine die by the presiding officer.
    • The President issues a notification for the prorogation of the session. However, the president can also prorogue the House while in session.
    • It must be noted that all pending notices except those for introducing bills lapse.

    (4) Dissolution

    • Whenever a dissolution happens, it ends the very life of the existing House and a new House is constituted after the General Elections.
    • However, only the Lok Sabha is subject to dissolution as the Rajya Sabha, being a permanent House, is not subject to dissolution. The dissolution of the Lok Sabha may take place in two ways:
    1. Automatic dissolution: On the expiry of its tenure: five years or the terms as extended during a national emergency.
    2. Order of President: If the President is authorised by the Council of Ministers, he or she can dissolve Lok Sabha, even before the end of the term. The president may also dissolve Lok Sabha if the Council of Ministers loses confidence and no party is able to form the government. Once the Lok Sabha is dissolved before the completion of its normal tenure, the dissolution is irrevocable.

    Impact on legislation process

    • When the Lok Sabha is dissolved, all business including bills, motions, resolutions, notices and petitions that are pending before it or its committees lapse.
    • Summoning: Summoning is the process of calling all members of the Parliament to meet.

    When does a Bill lapse in Indian Parliament? 

    Depending on the status of the pending legislation, and where it originated, there are certain cases in which the Bill lapses on dissolution of Assembly.

    1. Bills originated in Lok Sabha
    • Any Bill that originated in the Lok Sabha, but could not be passed, lapses.
    • A Bill originated and passed by the Lok Sabha but pending in the Rajya Sabha also lapses
    1. Bills originated in Rajya Sabha
    • The Constitution also gives MPs in Rajya Sabha the power to introduce a Bill.
    • Therefore a Bill that originated in Rajya Sabha and was passed by it, but remains pending in Lok Sabha also lapses.
    • A Bill originated in the Rajya Sabha and returned to that House by the Lok Sabha with amendments and still pending in the Rajya Sabha on the date of the dissolution of Lok Sabha lapses.

    When a Bill does not lapse

    1. Not all Bills, which haven’t yet become law, lapse at the end of the Lok Sabha’s term.
    2. A Bill pending in the Rajya Sabha, but not passed by the Lok Sabha, does not lapse.
    3. A Bill passed by both the Houses but pending assent of the President of India, does not lapse.
    4. A Bill passed by both Houses but returned by the President of India for reconsideration of the Parliament does not lapse.
    5. Some pending Bills and all pending assurances that are to be examined by the Committee on Government Assurances also does not lapse on the dissolution of the Lok Sabha.

     

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  • Hurdles in Judicial Infrastructure Upgrade

    Judicial

    Context

    • With every new Chief Justice, India’s judicial infrastructure returns to the spotlight. It was Justice S.H. Kapadia who in 2010, first tried to have a systematic plan to examine the conditions of existing infrastructure and realize the future needs of district judiciary.

    Attempt at judicial Infrastructure upgrade from Judiciary

    • Magistrate infrastructure: We have had Justice T.S. Thakur publicly lament the poor conditions in which magistrates’ function.
    • Vacancy in district judiciary: Then Justice Ranjan Gogoi successfully streamlined filling up of vacancies in district judiciary.
    • National judicial infrastructure authority: Justice N.V. Ramana initiated a discussion on creation of a national judicial infrastructure authority, which has been rejected.
    • Strengthening district judiciary: And now we have Justice D.Y. Chandrachud raising the issue of strengthening the district judiciary.

    Judicial

    Attempt of Government of India in upgrading Judicial infrastructure

    • Allocation of funds: The Centre has been attempting to improve infrastructure at the district level in a consistent manner by allocating funds.
    • Centrally sponsored schemes: Since 1993-94, a centrally sponsored scheme (CSS) of the Union government has tried to address the issue of bringing judicial infrastructure up to par.
    • Contribution from states: Through the scheme, the Centre has been earmarking funds with contributions from respective state governments in the ratio of 60:40 (90:10 for North-eastern states and union territories), including monitoring progress of initiated projects.
    • No improvement in district courts: Despite the scheme spearheaded by the Ministry of Law and Justice, there hasn’t been any considerable improvement in the physical state of our district courts, leaving successive Chief Justices to lament about the poor state of affairs.

    Reasons for non-progress in judicial Infrastructure

    • Non-utilization of funds: Most of the funds allocated under the scheme remain unutilised because states do not come forward with their share, leading to lapse of annual budgetary allocation. Sample this: a total of Rs 981.98 crore were sanctioned in 2019-20. Ultimately, only Rs 84.9 crore came to be spent, leaving 91.36% funds unutilised. In 2020-21, of the sanctioned Rs 594.36 crore, Rajasthan emerged on the top by utilising Rs 41.28 crore but again substantial funds lapsed due to non-utilisation.
    • No ownership of scheme: There is no single ownership of the scheme. Lack of one coordinating agency prevents its successful execution. The CSS, in its current form, visualises a separate state- and central-level monitoring committees.
    • No representation of judiciary in central committees: In the central committee, there is no representation of the judiciary as an institution. So, the ultimate consumer of the scheme is absent from the entire process.
    • Lack of planning: Lack of planning for the future also has its casualties. At present, the central scheme does not plan to cater to future requirements. So, there is no discussion on the foreseeable workload of district judiciary in the coming 10-20 years.
    • No single agency to implement: The lack of a single agency prevents from realising both the short-term and long-term objectives. Short-term objectives such as constructing courtrooms for the existing judicial strength as opposed to sanctioned strength, record rooms, computer service rooms, etc. suffer in the absence of a single agency that could measure progress of planned initiatives and nudge the stakeholders into acting.

    Judicial

    What is the way forward?

    • Single dedicated institution: A single permanent body as proposed by Justice Ramana would bring a cohesive approach with ensuring that when states submit action plans for upgrading/establishing judicial infrastructure, they also deposit their share of funds with the authority.
    • Working with state government: While the actual work is carried out in partnership with the states, it will ensure that one agency is responsible for mapping out objectives and achieving them.

    Conclusion

    • Justice is keystone of healthy society and just Nation. India cannot move ahead to its economic prosperity without upgrading its judiciary. Upgrading the judicial infrastructure should be priority for the judiciary as well as government.

    Mains Question

    Q. Enlist the historical attempt at upgrading judicial infrastructure. Despite so much attempts, what are the major reasons for lack of judicial infrastructure?

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  • Rule 267 becomes the bone of contention in Rajya Sabha

    rajya-sabha

    Rule 267 of the Rajya Sabha rulebook, which allows for suspension of day’s business to debate the issue suggested by a Member, has become a bone of contention in the Upper House.

    What is Rule 267 of Rajya Sabha?

    • The Rule gives special power to a Rajya Sabha member to suspend the pre-decided agenda of the House, with the approval of the Chairman.
    • The Rajya Sabha Rule Book says, “Any member, may, with the consent of the Chairman, move that any rule may be suspended in its application to a motion related to the business listed before the Council of that day.
    • If the motion is carried, the rule in question shall be suspended for the time being: provided further that this rule shall not apply where specific provision already exists for suspension of a rule under a particular chapter of the Rules”.

    Why this rule has become important?

    • In the Upper House, the Opposition members have been consistent in demanding a debate on the India-China border situation.
    • There have been hundreds of notices by Members to invoke Rule 267 in the past eight years.
    • After the latest clash between the two sides in Arunachal Pradesh’s Tawang, the Opposition members have become more vocal with their demand.
    • Every day, Opposition leaders are demanding that the Chair suspends all other business and allow a discussion on the latest situation in India-China border by applying Rule 267.

    Is Rule 267 the only way to raise important issues in the House?

    In Parliament, a member has a number of ways to flag issues and seek the government’s reply.

    • Question Hour: An MP can ask questions related to any issue during the Question Hour in which the concerned minister has to provide oral or written answers.
    • Zero Hour: An MP can raise the issue during Zero Hour. Every day, 15 MPs are allowed to raise issues of their choice in the Zero Hour.
    • Special Mention: An MP can even raise it during Special Mention. A Chairman can allow up to 7 Special Mentions daily.
    • Debate over president’s address: An MP can try to bring the issue to the government’s notice during other discussions such as the debate on the President’s speech.
    • Budget speech: Opposition leaders have also used the Budget debate to attack the government politically.

    Why the Opposition is insisting on Rule 267?

    • Any discussion under Rule 267 assumes great significance in Parliament simply because all other business would be put on hold to discuss the issue of national importance.
    • No other form of discussion entails suspension of other business.
    • If an issue is admitted under Rule 267, it signifies it’s the most important national issue of the day.
    • Also, the government will have to respond to the matter by replying during the discussions under Rule 267.

    What is the current controversy over Rule 267?

    • Opposition members have alleged that the Rajya Sabha chairman has consistently refused to allow any discussion under Rule 267 for a long time.
    • While Dhankhar has not allowed any matter under Rule 267, his predecessor M Venkaiah Naidu too didn’t allow any admission under Rule 267 during his entire five years.

    Has the Rule been ever used?

    • The rule has been used several times.
    • The Chair had agreed to suspend the business to discuss urgent national issues in the past.
    • The last time it was used was in November 2016, when the Upper House invoked Rule 267 to discuss demonetization.

     

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  • Private Member’s Bill for women’s reservation

    Bill

    Context

    • As strong advocates of more representation of women in politics, looking at the number of women elected in the Gujarat and Himachal Pradesh assemblies has been saddening. With just 14.9 per cent women elected to our Lok Sabha, India ranks 144 out of 193 countries in the representation of women in parliament according to Inter-Parliamentary Union’s latest report. Among our immediate neighbours, India falls behind Bangladesh, Pakistan, and Nepal.

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    Background: Recent elections and women’s participation

    • Gujrat: Gujarat elected just 8 per cent of women legislators in its 182-member assembly.
    • Himachal Pradesh: Himachal Pradesh, where every second voter is a female, has elected 67 men and only one woman.
    • National Average: The national average of women in all state assemblies remains around 8 per cent. The figure is grim
    • Representation of women in local governments increased: After the 73rd and 74th Constitutional Amendments, the representation of women in local governments increased from a mere 3-4 per cent to nearly 50 per cent now.

    Bill

    History of Women’s Reservation Bill

    • First introduced in 1996 but lapsed with the dissolution of Lok Sabha: The Women’s Reservation Bill was first introduced in 1996 by the Deve Gowda government. After the Bill failed to get approval in Lok Sabha, it was referred to a Joint Parliamentary Committee chaired by Geeta Mukherjee, which presented its report in December 1996. However, the Bill lapsed with the dissolution of the Lok Sabha and had to be reintroduced.
    • Bill reintroduced in 1998 but failed and lapsed: PM Vajpayee’s NDA government reintroduced the Bill in the 12th Lok Sabha in 1998. Yet again, it failed to get support and lapsed. In 1999, the NDA government reintroduced it in the 13th Lok Sabha.
    • One-third reservations for women: Subsequently, the Bill was introduced twice in Parliament in 2003. In 2004, the government included it in the Common Minimum Programme that said that the government will take the lead to introduce legislation for one-third reservations for women in Vidhan Sabhas and in the Lok Sabha.
    • The bill introduced and passed in Rajya Sabha: In 2008, the government tabled the Bill in the Rajya Sabha so that it does not lapse again. The Parliamentary Standing Committee on Law and Justice recommended the passage of the Bill in December 2009. It was cleared by the Union Cabinet in February 2010. On March 9, 2010, the Bill was passed in the Rajya Sabha with 186-1 votes after immense debate. History was created.
    • Lapsed again in 2014: The Bill, then, reached the Lok Sabha where it never saw the light of day. When the House was dissolved in 2014, it lapsed. Now we are back to square one.
    • Renewed push: In the current Winter Session of Parliament, there is a renewed push from most Opposition parties to pass the Women’s Reservation Bill.

    Bill

    The case study: Political parties and Women representation

    • Political parties that reserved seats for women for election candidature: So far only two regional political parties in India, Odisha’s Biju Janata Dal (BJD) and West Bengal’s Trinamool Congress (TMC) have reserved seats for women for election candidatures.
    • Candidature and results of 2019 general elections: TMC and BJD fielded 40 per cent and 33 per cent women candidates respectively. Interestingly, 65 per cent of the TMC’s women candidates won in comparison to 44 per cent of their men, whereas 86 per cent of the BJD’s women candidates won in comparison to 43 per cent of their men.

    Private Member’s Bill for women’s reservation in all legislative bodies

    • Acknowledging the inequality and barriers: Women have historically suffered due to systemic inequality and barriers. Without a gender quota, women’s representation will continue to remain marginal causing a massive deficit in our democracy.
    • Reserved seats for women: Understanding this reality, there is a need to introduce a Private Member’s Bill demanding women’s reservation in all legislative bodies Lower and Upper Houses, and also reserved seats within that for women who come from historically marginalised communities.
    • Ensuring greater representation: It is a single step that will, if passed, immediately ensure at least 33 per cent representation of women.

    What is Private Member’s Bill?

    • Piloted by member other than minister: A private member’s Bill is different from a government Bill and is piloted by Member of Parliament (MP) who is not a minister. A Member of Parliament who is not a minister is a private member.
    • To draw governments attention: Individual MPs may introduce private member’s Bill to draw the government’s attention to what they might see as issues requiring legislative intervention.

    bill

    Way ahead

    • The case for women’s reservation emanates from their lack of representation in legislative bodies. We cannot rely on incremental changes.
    • We cannot let another generation fight for what is fundamental to participating in a democracy the right to be heard and make decisions.
    • Women’s reservation will jump-start the democratic process. It will allow a significant majority to have a say in how their lives must be governed.
    • Over the years, though, women’s vote share has increased significantly, but the number of women in positions of power has not.

    Conclusion

    • Victor Hugo famously said, “No force on earth can stop an idea whose time has come”. Women’s reservation in legislatures is one idea which has been discussed, debated, and agreed upon by most political parties. It is now time to take it to fruition. With its massive women population, India has a huge reservoir of potential which, if unleashed, will take the country much ahead.

    Main Question

    Q. Women reservation bill has introduced and lapsed no of times. In this context discuss why it is necessary to have reserved seats for women in all legislative bodies?

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  • What is Vacation Bench of Supreme Court?

    Chief Justice of India D. Y. Chandrachud said no Vacation Benches will be available in the apex court during the winter break.

    Vacation Bench

    • A Vacation Bench of the Supreme Court is a special bench constituted by the Chief Justice of India.
    • The court takes two long vacations each year, the summer and winter breaks, but is technically not fully closed during these periods.
    • Litigants can still approach the Supreme Court and, if the court decides that the plea is an “urgent matter”, the Vacation Bench hears the case on its merits.
    • While there is no specific definition as to what an “urgent matter” is.
    • During vacations the court generally admits writs related to habeas corpus, certiorari, prohibition and quo warranto matters for enforcement of any fundamental right.

    Do you know?

    The Supreme Court has 193 working days a year for its judicial functioning, while the High Courts function for approximately 210 days, and trial courts for 245 days. High Courts have the power to structure their calendars according to the service rules.

    Legal Provisions for Vacation Bench

    • Under Rule 6 of Order II of The Supreme Court rules, 2013 the CJI has nominates the Division Benches for the hearing of urgent miscellaneous matters and regular hearing matters during the summer vacation for period.
    • The rule reads that CJI may appoint one or more Judges to hear during summer vacation or winter holidays all matters of an urgent nature which under these rules may be heard by a Judge sitting singly.
    • And, whenever necessary, he may likewise appoint a Division Court for the hearing of urgent cases during the vacation which require to be heard by a Bench of Judges.

    Which else can appoint vacation bench?

    • The High Courts and trial courts too have Vacation Benches to hear urgent matters under their jurisdiction.

    Has vacation benches made any historic judgments?

    • Vacation Benches of the Supreme Court have also authored historical decisions.
    • One of the best known is when a Vacation Bench Judge in June 1975, refused PM Indira Gandhi’s plea to stay an Allahabad High Court decision setting aside her election – a decision which triggered the Emergency.
    • A Constitution Bench of the court had heard the triple talaq case during vacation days.

    Issues with court vacations

    • Huge pendency: Extended frequent vacations is not good optics, especially in the light of mounting pendency of cases and the snail’s pace of judicial proceedings.
    • Creating further delays: For an ordinary litigant, the vacation means further unavoidable delays in listing cases.

    Arguments in favour

    • Rejuvenation of judges: Lawyers have often argued that in a profession that demands intellectual rigour and long working hours — both from lawyers and judges — vacations are much needed for rejuvenation.
    • Long working hours: Judges typically work for over 10 hours on a daily basis. Apart from the day’s work in court from 10.30 am to 4 pm, they also spend a few hours preparing for the next day.
    • Preparing for judgments: A frequently-made argument is that judges utilise the vacation to write judgments.
    • Courts not in session: Another argument is that judges do not take leave of absence like other working professionals when the court is in session.
    • Socialization: Family tragedies, health are rare exceptions, but judges rarely take the day off for social engagements.
    • No impact on pendency: Data show that the Supreme Court roughly disposes of the same number of cases as are instituted before it in a calendar year.

    Reforming the vacation clause

    • In 2000, the Justice Malimath Committee, set up to recommend reforms in the criminal justice system, suggested that the period of vacation should be reduced by 21 days.
    • It suggested that the Supreme Court work for 206 days, and High Courts for 231 days every year.
    • In its 230th report, the Law Commission of India headed by Justice A R Lakshmanan in 2009 called for reform in this system.
    • Considering the staggering arrears, vacations in the higher judiciary must be curtailed by at least 10 to 15 days and the court working hours should be extended by at least half an hour, it said.
    • In 2014, when the Supreme Court notified its new Rules, it said that the period of summer vacation shall not exceed seven weeks from the earlier 10-week period.

     

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  • What is Public Financial Management System (PFMS)?

    pfms

    The Public Accounts Committee (PAC), in its report found that the tasks related to the implementation of the PFMS appeared to have been dealt with a casual approach and there was no proper financial planning.

    Public Finance Management System (PFMS)

    • PFMS is an online platform developed and implemented by the office of the Controller General of Accounts (CGA) under the Union Ministry of Finance.
    • The PFMS portal is used to make direct payments to beneficiaries of government schemes.
    • PFMS initially started as a Plan scheme named CPSMS of the Planning Commission in 2008-09 as a pilot in four States of Madhya Pradesh, Bihar, Punjab and Mizoram.
    • It was for four Flagship schemes e.g. MGNREGS, NRHM, SSA and PMGSY.
    • In December, 2013 the Union Cabinet approved the national roll out of PFMS for all States.

    Mandate of PFMS

    PFMS has been mandated the following:

    • It acts as a financial management platform for all plan schemes and allows for efficient and effective tracking of fund flow to the lowest level of implementation for the planning scheme of the Government.
    • It is mandated to provide information on fund utilization leading to better monitoring, review, and decision support system to enhance public accountability in the implementation of plan schemes.
    • To result in effectiveness and economy in Public Finance Management through better cash management for Government transparency in public expenditure and real-time information on resource availability and utilization across schemes.

    Achievements of PFMS

    • PFMS can be credited to the transformation of Direct Beneficiary Transfers space in financial governance in India.
    • An estimated 102 crore DBT transactions were done through PFMS in FY 19-20 amounting to about â‚č2.67 lakh crore.
    • Through efficient use of technology, PFMS is estimated to have saved about â‚č1 lakh crore in direct beneficiary transfers.

    Factors that could determine the successful evolution of PFMS in future

    • Agility in terms of Onboarding/Integrating all Govt. accounts: Only after ensuring significant coverage, the true execution of the concept will take place.
    • Effective data management capabilities: PFMS will have to add significant data management capabilities in order to ensure better monitoring/review to deliver on the idea of a decision support system for effective cash management or management of idle float in the system.
    • Constantly upgrading: Adaption to rapid changes in technology is another key area that would call for a considerable amount of focus both in terms of gradation and monitoring.
    • Collaboration with the banking system: Lastly, one of the most critical factors for the successful execution of PFMS is its integration with the banking systems.

    What did PAC observe now?

    • PAC is concerned over data security of PFMS.
    • It observed that in the absence of a dedicated workforce, a key strategic system like the PFMS could possibly encounter new threats every now and then owing to the advancements in technology.
    • It stressed the need for a thorough assessment of physical and technical infrastructure along with back-up arrangements required in the PFMS scheme.

    Conclusion

    • The PFMS has revolutionized the ways public finances are managed in the country.
    • With constant improvement and increasing coverage, the scope of PFMS is ever-increasing.

    Back2Basics: Public Accounts Committee

    • The PAC is a committee of selected members of parliament constituted for the purpose of auditing the revenue and the expenditure of the Government of India.
    • It was established in 1921 after its first mention in the Government of India Act, 1919.
    • PAC is one of the parliamentary committees that examine the annual audit reports of CAG, which the President lays before the Parliament of India.
    • It seeks to examines public expenditure.
    • Those three reports submitted by CAG are:
    1. Audit report on appropriation accounts
    2. Audit report on finance accounts
    3. Audit report on public undertakings

    Its members-

    • It consists of not more than twenty-two members, fifteen elected by Lok Sabha and not more than seven members of Rajya Sabha, the upper house of the Parliament.
    • The members are elected every year from amongst its members of respective houses according to the principle of proportional representation by means of single transferable vote.
    • None of its members are allowed to be ministers in the government.

     

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  • What is the Recusal of Judges?

    A Supreme Court judge recused herself from hearing a writ petition filed by Bilkis Bano against the decision to prematurely release 11 men sentenced to life imprisonment for gang-raping her during the 2002 riots.

    What is the Recusal of Judges?

    • Recusal is the removal of oneself as a judge or policymaker in a particular matter, especially because of a conflict of interest.
    • Recusal usually takes place when a judge has a conflict of interest or has a prior association with the parties in the case.
    • For example, if the case pertains to a company in which the judge holds stakes, the apprehension would seem reasonable.
    • Similarly, if the judge has, in the past, appeared for one of the parties involved in a case, the call for recusal may seem right.
    • A recusal inevitably leads to delay. The case goes back to the Chief Justice, who has to constitute a fresh Bench.

    Rules on Recusals

    • There are no written rules on the recusal of judges from hearing cases listed before them in constitutional courts. It is left to the discretion of a judge.
    • The reasons for recusal are not disclosed in an order of the court. Some judges orally convey to the lawyers involved in the case their reasons for recusal, many do not.
    • Some explain the reasons in their order. The decision rests on the conscience of the judge.
    • At times, parties involved raise apprehensions about a possible conflict of interest.

    Issues with recusal

    • Recusal is also regarded as the abdication of duty. Maintaining institutional civilities are distinct from the fiercely independent role of the judge as an adjudicator.
    • In his separate opinion in the NJAC judgment in 2015, Justice Kurian Joseph highlighted the need for judges to give reasons for recusal as a measure to build transparency.
    • It is the constitutional duty, as reflected in one’s oath, to be transparent and accountable, and hence, a judge is required to indicate reasons for his recusal from a particular case.

    Back2Basics: Bilkis Bano Case

    • Bilkis Bano is a gangrape survivor of the 2002 riots in Gujarat. Rioters brutally attacked Bilkis and her family, raped the women and killed many of them.
    • Her case was taken up by the National Human Rights Commission (NHRC) and Supreme Court. Later, the Supreme Court transferred the investigation to the CBI and the case to Mumbai to facilitate a free and fair trial.
    • Eleven men were convicted by the trial court and sentenced to life. The Bombay High Court confirmed their life terms in 2017.
    • In 2019, the Supreme Court awarded compensation of Rs 50 lakh to Bilkis — the first such order in a case related to the 2002 riots.
    • The convicts were later released after the state government’s remission to them for spending more than 15 years in jail.

    Issues with this remission

    • Causality of a heinous crime: The remission runs contrary to the spirit of contemporary thinking on treating crimes against women and children as so heinous that the perpetrators should not be considered for remission.
    • Whimsy release: The CrPC does permit premature release in the form of remission or commutation in life sentences, but it should be based on a legal and constitutional scheme, and not on a ruler’s whimsy.
    • Political considerations: It would be unjustified if given for political considerations merely because of elapse of the minimum number of years they have to serve.

     

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  • Regulating the Big Techs and competition in the market

    competition

    Context

    • The Indian anti-trust body, the Competition Commission of India (CCI)’s move, in October, to impose a penalty of â‚č1,337.76 crore on Google for abusing its dominant position in the android mobile device ecosystem, has forced us, once again, to rethink the market power of Big Tech companies.

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    Background: Acknowledging the big tech company’s market distorting abilities

    • India did not account for network effect of big techs: When India established the CCI under the Indian Competition Act 2002, it was to protect and promote competition in markets, and prevent practices that hinder competition. However, it did not account for the network effect of Big Tech companies as a force to reckon with.
    • Countries are realised their market dominance and moved to transform competition law: As their market dominance increased rather exponentially, the European Union, the United States, and even Australia realised their market-distorting abilities and moved to transform their competition law.
    • For instance, European union’s Digital market Act: The EU’s Digital Market Act and “gatekeepers” who will enforce rules and regulations ex-ante to foresee anti-competitive practices is an example.

    Competition Commission of India

    • CCI is the competition regulator in India.
    • It is a statutory body responsible for enforcing The Competition Act, 2002 and promoting competition throughout India and preventing activities that have an appreciable adverse effect on competition in India.
    • It was established on 14 October 2003. It became fully functional in May 2009.

    competition

    Big techs and the Market dominance issue

    • Market dominance is natural but gets hazy when its abused: In any free economy, market dominance is natural but things get hazy when it is abused to prevent competition.
    • Google’s case: As the CCI says, the intent of Google’s business was to make users on its platforms abide by its revenue-earning service, i.e., an online search to directly affect the sale of their online advertising services. Thus, network effects, along with a status quo bias, created significant entry barriers for competitors to enter or operate in the markets concerned.
    • Fundamental role of pricing and as a determinant of competition: Predatory pricing entails the lowering of prices that forces other firms to be out competed. Amazon and Flipkart were accused of deep discounting and creating in-house brands to compete with local sellers. Only recently, the CCI raided their offices in an anti-competition probe, leading to Amazon being forced to cut its ties with Cloudtail.
    • Consumers consent has no value: A crucial aspect of self-preferencing beyond the search algorithms is the bundling of services, especially with pre-installed apps, where the manufacturers eliminate competition without the consumer’s consent. Apple is facing heat in the U.S. and Europe over pre-installed apps after Russia forced Apple to provide third-party apps at the time of installation.

    competition

    Use of data, issue of consumer protection

    • Big techs self-asserted right to use, store and transfer consumers data: While the data economy has evolved, we have not dealt with its regulation as effectively. There is sensitive data stored on these platforms (financial records, phone location, and medical history). Big corporations have asserted ownership of the right to use or transfer this data without restriction.
    • Data greed as a motivation: While one might attribute it to efficiency barriers, the greed for data is a motivation. Further, the storage and collection of women’s and children’s data need to be dealt with more cautiously to build a safe digital place.
    • Market distortions lead to data monopoly and poor quality of services: Market distortion can also lead to poorer quality of services, data monopoly, and stifle innovation.

    Steps to ensure a level playing field and consumer protection in the age of digital transformation?

    • Urgent to need to prevent market failures and mitigate possible anti-competitive act: While the competition laws address that anomaly, they are too slow to respond in complex technical sectors. By the time an order is passed, the dominant player has gained an edge — as in the case of Google. Thus, in this context, there is an urgent need for ex-ante legislation to prevent market failures and mitigate possible anti-competitive conduct.
    • Harmony of the competition law and e-commerce rule: For a consumer, there is a need to establish harmony of the Competition law with the new Consumer Protection Act 2020 and e-commerce rules. The new law should include a mechanism to ensure fair compensation for consumers who face the brunt of the anti-competitive practices of the Big Techs. This should ensure that the penalties and restrictions being imposed on companies also ensure proportionate compensation for consumer losses.
    • Ensure a level playing field for local sellers: Pricing plays a fundamental role in defining the position of any digital platform in the marketplace. It is essential to establish an ex-ante framework to ensure a level playing field for local sellers. The Government’s Open Network for Digital Commerce (ONDC) platform is a reliable option for these small players.
    • New laws and provisions for digital marketplace: There is an urgent need to contextualise the law to the digital marketplace and devise new provisions with adequate ex-ante legislation. The EU has already noted this need through the Digital Markets Act. It is time that similar legislation is adopted in India.

    competition

    Prelims shot: What is “ONDC”?

    • Open Network for Digital Commerce (ONDC) seeks to promote open networks, which are developed using the open-source methodology.
    • The project is aimed at curbing “digital monopolies”.
    • This is a step in the direction of making e-commerce processes open-source, thus creating a platform that can be utilized by all online retailers.
    • They will encourage the usage of standardized open specifications and open network protocols, which are not dependent on any particular platform or customized one.

    Conclusion

    • Witnessing the big tech’s ability of market distortion, data monopoly and market dominance, Country’s competition laws need to be vigilant through an ex-ante framework to ensure highest consumer protection. With India now on the cusp of a digital transformation, it is essential that the country a level-playing field to ensure a fair opportunity for new-age start-ups and Micro, Small and Medium Enterprises.

  • Karnataka-Maharashtra border Dispute: Is it just a political tool?

    border

    Context

    • The eruption of strong language chauvinism on the border of Karnataka and Maharashtra is neither sudden nor primarily linguistic. The number of speakers of both of Marathi and Kannada languages has been overwhelmingly large. If it is not language, is it the sudden memory of a badly mangled territorial border that has irked people?

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    What is the dispute in short?

    • A petition filed by the Maharashtra government, challenging some provisions of the State Reorganisation Act, 1956 and demanding 865 villages from five districts of Karnataka. The five districts are Belagavi, Karwar, Vijayapura, Kalaburagi and Bidar.,
    • In Karnataka, tensions are high, especially in Belagavi district, which borders Maharashtra

    border

    When did the dispute begin?

    • Since the State Reorganisation Act passed in 1956: Maharashtra and Karnataka have sparred over the inclusion of some towns and villages along the state border ever since the State Reorganisation Act was passed by the Parliament in 1956. The Act was based on the findings of the Justice Fazal Ali Commission, which was appointed in 1953 and submitted its report two years later.
    • Erstwhile Mysore renamed and formed State of Karnataka and the differences erupted: On November 1, 1956, Mysore state later renamed Karnataka was formed, and differences between the state and the neighbouring Bombay state later Maharashtra erupted.
    • View of Maharashtra: Maharashtra was of the view that the northwestern district of Karnataka, Belagavi, should be part of the state, leading to a decade-long violent agitation and formation of Maharashtra Ekikaran Samithi (MES), which still holds sway in parts of the district and the eponymous city

    border

    What was the Centre’s response?

    • Union government ste up a Commission in 1966: Amid protests and pressure from Maharashtra, the Union government set up a commission under retired Supreme Court judge Justice Meharchand Mahajan on October 25, 1966. S Nijalingappa was the karnataka Chief minister then and VP Nayak was his Maharashtra counterpart.
    • Report come up with a settlement on merging of towns and villages: The report was expected to be a binding document for both states and put an end to the dispute. The commission submitted its report in August 1967, where it recommended merging 264 towns and villages of Karnataka (including Nippani, Nandgad and Khanapur) with Maharashtra, and 247 villages of Maharashtra (including South Solapur and Akkalkot) with Karnataka.
    • Report tabled in 1970 but no implementation took place as it became a poll issue: Though the report was tabled in 1970 in the Parliament, it was not taken up for discussion. Without the implementation of the recommendations, demands of Marathi-speaking regions to be part of Maharashtra and Kannada-speaking regions to be part of Karnataka continued to grow. MES made it a poll issue in many parts of Belagavi and won successive elections from constituencies in the district.

    Bilingualism: an essential element of the culture of the area

    • Extended families on both sides: The castes and communities on both sides of the disputed border have their extended families spread on either side of it.
    • Harmonious Cultural exchange: All of the harmoniums and sitars played by the greatest among Karnataka’s singers have been made in Maharashtra’s Miraj town for the last 120 years.
    • Influence of Bhakti movement on one another: In the past, the bhajans of Tukaram have made their way into the hearts of the Kannada speakers with as much ease as did the vachanas of Basaveshwar’s saint-followers into the minds of Marathi speakers.
    • Influence of one another’s language: Thousands of Marathi words are of Kannada origin and a similar number of words in Kannada have assimilated the Indo-Aryan roots through Marathi.

    Critique: Dispute is more of a political tool

    • Dispute is visible but not in the essence: The dispute is in the name of language, but it is not linguistic in essence. It is in the name of a border, but it is not territorial in essence.
    • The dispute is becoming more of a political demand: People know that the area will see disturbance when politicians want to unleash it. Appealing to language chauvinism acquires an instrumentalist-political demand.
    • Diverting the discontent: The truth is, neither the language nor the people along the state border are an issue for them, as they should be. What matters to the political war-lords is to find a way of diverting the discontent, no matter what harm it brings to the harmony of communities in the area.

    Conclusion

    • Almost two decades after the petition, its maintainability remains challenged. Karnataka has resorted to Article 3 of the Indian Constitution to argue that the Supreme Court does not have the jurisdiction to decide the borders of states, and only Parliament has the power to do so. Maharashtra has referred to Article 131 of the Constitution, which says that the Supreme Court has jurisdiction in cases related to disputes between the Union government and states.

    Mains Question

    Q. There seems the cultural, traditional and lingual exchange in the border areas of the states in India. Despite of the cultural amity, disputes resurface time ang again. Discuss with a case of Maharashtra Karnataka border dispute.

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  • Parliament must examine Age of Consent issue: CJI

    CJI DY Chandrachud appealed to Parliament to have a relook at the issue of age of consent under the Protection of Children from Sexual Offences (POCSO) Act, 2012.

    What is the Age of Consent?

    • The age of consent for sex in India is 18 under the POCSO Act.
    • Consent given by a girl aged below 18 is not regarded as valid and sexual intercourse with her amounts to rape.

    What are the terms of the POCSO Act?

    • Under the POCSO Act, 2012, considers a child anyone below 18 years of age.
    • Even if the girl is 16 years old, she is considered a “child” under the POCSO Act and hence her consent does not matter, and any sexual intercourse is treated as rape.

    Issues with such consent

    • Consent is ignored: It thus opens the accused up to stringent punishment.
    • Child abuse charges are ruled out: There have been several instances when the courts have quashed criminal proceedings of rape and kidnapping.
    • Misuse of the provision: The court is often convinced that the law is being misused to suit one or the other party.

    Case study

    • In 2019, a study, Why Girls Run Away to Marry – Adolescent Realities and Socio-Legal Responses inIndia, was published by Partners for Law in Development,
    • It made a case for the age of consent to be lower than the age of marriage to decriminalise sex among older adolescents to protect them from the misuse of law.

    Is the law being misused?

    (1) Foiling consensual relations

    • Sometimes, disgruntled parents file a case to foil a relationship between two adolescents or children on the threshold of adolescence.
    • POCSO is often used by parents who want to control who their daughters or sons want to marry.

    (2) Coercion for marriage:

    • The study noted that in many cases, a couple elopes fearing opposition from parents resulting run away to get married.
    • The parents then book the boy for rape under the POCSO Act and abduction with the intent to marry under IPC or the Prohibition of Child Marriage Act, 2006.

    Judicial interpretations for lower age of consent

    • In 2021, in the Vijaylakshmi vs State Rep case, the Madras High Court, while dismissing a POCSO case, said the definition of ‘child’ under Section 2(d) of the POCSO Act can be redefined as 16 instead of 18.
    • The court suggested that the age difference in consensual relationships should not be more than five years.
    • This, it said, will ensure that a girl of an impressionable age is not taken advantage or duped sexually of by a person who is much older.

    Policy measures so far

    • A parliamentary committee is looking into the Prohibition of Child Marriage (Amendment) Bill, 2021 which seeks to increase the minimum age of marriage for women to 21 years.
    • Rights activists feel instead of helping the community, raising the age may force vulnerable women to remain under the yoke of family and social pressures.

    Way forward

    • With the courts and rights activists seeking an amendment to the age of consent criteria, the ball lies in the government’s court to look into the issue.
    • In the meantime, adolescents have to be made aware of the stringent provisions of the POCSO Act and also the IPC.

     

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