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Subject: Polity

  • Reforming the Election Commission

    Election Commission

    Context

    • A five-judge Constitution Bench of the Supreme Court is examining a bunch of petitions recommending reforms in the process of appointment of members of the Election Commission.

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    Electoral reforms and reluctant Governments

    • Long pending reforms: A list of over 20 reform proposals was compiled in 2004. More proposals were added to the list over time and are pending with government.
    • Ineffective model code of conduct: These range from strengthening the Commission’s inherent structure to handling the misuse of muscle and money power during elections, which violate the Model Code of Conduct.
    • Judicial intervention because of reluctant Government: It is hoped that the Bench will also examine electoral reforms suggested to governments by successive Election Commissions over the last two decades or so.

    Issue of appointment of election commissioners

    • The Dinesh Goswami Committee in 1990: It is suggested that the Chief Election Commissioner be appointed by the President (read: executive) in consultation with the Chief Justice of India and the Leader of the Opposition (and in case the Leader of the Opposition was not available, then consultation be held with the leader the largest opposition group in the Lok Sabha).
    • Statutory backing for collegium led appointment: It said this process should have statutory backing. Importantly, it applied the same criteria to the appointments of Election Commissioners, along with consultation with the Chief Election Commissioner.
    • The National Commission to Review the Working of the Constitution: The commission under Justice M.N. Venkatachalam, said that the Chief Election Commissioner and other Election Commissioners should be appointed on the recommendation of a body comprising the Prime Minister, the Leaders of the Opposition in the Lok Sabha and the Rajya Sabha, the Speaker of the Lok Sabha and the Deputy Chairman of the Rajya Sabha.
    • The 255th Report of the Law Commission: Chaired by Justice A.P. Shah, said the appointment of all the Election Commissioners should be made by the President in consultation with a three-member collegium consisting of the Prime Minister, the Leader of the Opposition of the Lok Sabha (or the leader of the largest opposition party in the Lok Sabha), and the Chief Justice of India.

    Election Commission

    What is T.N.Seshan case?

    • Conferred equal power on election commissioners: The T.N.Seshan case conferred equal powers on the Election Commissioners as those enjoyed by the Chief Election Commissioner (referring to the Chief Election Commissioner as primus inter pares, or first among equals).
    • Equal protection was not conferred: Supreme court offered majority power, whereby any two can overrule even the Chief Election Commissioner. Yet, it did not accord the Election Commissioners the same constitutional protection (of removal by impeachment) as is accorded to the Chief Election Commissioner.

    Election Commission

    Why security of tenure is important for Election Commissioners?

    • Hesitancy to act: Without security of tenure, they may hesitate to act independently, which they otherwise might if they were truly secure.
    • Junior to chief election commission: In the absence of full constitutional security, an Election Commissioner could feel they must keep on the right side of the Chief Election Commissioner.
    • Remain loyal to government: They might also feel they should remain within the ambit favoured by the government.
    • Fear of non-elevation: An Election Commissioner can never be sure whether they will automatically be elevated to the top post because nowhere has elevation been statutorily decreed.

    What are the suggested reforms?

    • Same procedure for removal of judge: It is suggested measures to safeguard Election Commissioners from arbitrary removal, in a manner similar to what is accorded to the Chief Election Commissioner, who can only be removed by impeachment, which is by no means easy.
    • Appointment by collegium: While the Chief Election Commissioner should be appointed by a collegium, this must apply equally to the Election Commissioners.
    • Reform by constitutional amendments: The Election Commissioners must now equally be protected from arbitrary removal by a constitutional amendment that would ensure a removal process that currently applies only to the Chief Election Commissioner.

    Election Commission

    Conclusion

    • Reforms in election commission is absolutely necessary but manner of reforms is debatable. Judiciary’s role is not to reform the institution but to deliver the justice. This might be another case of judicial overreach in legislative domain any reform. Any reform in election commission has to come from legislature.

    Mains Question

    Q. What are the necessary reforms in Election commission of India? Why security of tenure is important for election commissioners?

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  • Doubling court strength won’t end pendency: Supreme Court

    pendency

    Judiciary is overburdened because of the system, says Chief Justice of India Chandrachud; he points out that it is already difficult to find good lawyers to fill judicial vacancies in High Courts.

    What is the news?

    • The Supreme Court has said that increasing the number of judges will not demolish the perennial problem of pendency.
    • It noted that it is already difficult finding good lawyers to accept the call to the Bench in High Courts.

    Indian Judiciary: A Backgrounder

    • Our Judicial system has been the nation’s moral conscience keeper.
    • It speaks truth to political power, upholds the rights of citizens, mediates between Centre-state conflicts, provides justice to the rich and poor alike, and on several momentous occasions, saved democracy itself.
    • Despite its achievements, a gap between the ideal and reality has been becoming clear over the years.
    • The justice delivery is slow, the appointment of judges is mired in controversy, disciplinary mechanisms scarcely work, hierarchy rather than merit is preferred, women are severely under-represented, and constitutional matters often languish in the Supreme Court for years.

    Why there is huge pendency?

    There are various reasons for delay of disposal of cases. Some of the important reasons as well as some suggestion and recommendations are as follows:

    • Low judge strength and appointment: In High courts of India, there are 1079 approved strength of judges out of which 680 is the working strength. There are 399 vacancies as per the approved strength.
    • Process of law: There are lot of hearings in a case, number of adjournments in a case, victims become frustrated of fighting for justice. The accused are misusing the process of law for their benefit.
    • Absenteeism of Judges: Judges need vacations to spent time with their family and society. The judiciary is providing them vacations to spent time in the society but some judges need more holidays to enjoy their life.
    • Number of appeals available in a case: Appeal provisions are made to satisfy the party or to check justice but litigants made it a means to earn more money from the parties. They make an appeal in every case decided by the lower court.
    • Lack of infrastructure: Courts lack of basic facilities like proper washroom facilities, canteen facilities, parking, and library for advocates, sitting facilities for advocates and drinking water facilities.
    • Misuse of process of law: There are so many cases which are running for more than 30 years and accused are contesting election and doing the corruption. The delay is often rewarding for the accused.
    • Legal education system: Legal education is not capable to produce efficient law professionals. Advocates are not capable do trial efficiently and fast, they need time to prepare for the case that results in slow trial of the case.

    Other challenges to the judicial system

    • Lack of infrastructure of courts
    • High vacancy of judges in the district judiciary
    • Pendency of Cases
    • Ineffective planning in the functioning of the courts
    • Delay in the delivery of judgements
    • Lack of transparency in appointments and transfers.
    • Corruption
    • Undertrials serving Jail
    • Outdated laws ex. Section 124A IPC

    What led to the underperformance of the Indian Judiciary?

    The primary factors contributing to docket explosion and arrears as highlighted by the Justice Malimath Committee report are as follows:

    • Population explosion
    • Litigation explosion
    • Hasty and imperfect drafting of legislation
    • Plurality and accumulation of appeals (Multiple appeals for the same issue)
    • Inadequacy of judge strength
    • Failure to provide adequate forums of appeal against quasi-judicial orders
    • Lack of priority for disposal of old cases (due to the improper constitution of benches)

    Recent developments:

    Proposal for the creation of National Judicial Infrastructure Corporation (NJIC)

    • The CJI has pitched to set up a National Judicial Infrastructure Corporation (NJIC) to develop judicial infrastructure in trial courts.
    • He indicated a substantial gap in infrastructure and availability of basic amenities in the lower judiciary.
    • There is a dearth of court halls, residential accommodation, and waiting rooms for litigants in trial courts, especially in smaller towns and rural areas.
    • Experience shows that budgetary allocation for state judiciary often lapses since there is no independent body to supervise and execute such works.
    • NJIC is expected to fill this vacuum and overcome problems related to infrastructure.

    Way forward

    • Creating NJIC: It will bring a revolutionary change in the judicial functioning provided the proposed body is given financial and executive powers to operate independently of the Union and the State governments.
    • Appointment reforms: There are many experts who advocate the need to appoint more judges with unquestionable transparency in such appointments.
    • Creating All Indian Judiciary Services: It would be a landmark move to create a pan-India Service that would result in a wide pool of qualified and committed judges entering the system.
    • Technology infusion: The ethical and responsible use of AI and ML for the advancement of efficiency-enhancing can be increasingly embedded in legal and judicial processes. Ex. SUPACE.
    • Legal education: This should be in alignment with the evolving dynamics of the law and must be propagated in trial and constitutional courts. This will improve the competence of the judicial system.
    • Alternate Dispute Resolution (ADR): ADR mechanisms should be promoted for out-of-court settlements. Primary courts of appeal should be set up.

     

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  • Jallikattu Case: What right do you want to protect, Supreme Court asks petitioners

    jallikattu

    The Supreme Court has asked activists what they found wrong in Tamil Nadu’s Jallikattu law when it protects animals from “unnecessary pain” and sought to preserve the “culture and traditions” of the people in the State.

    What is the news?

    • The Prevention of Cruelty to Animals (TN Amendment) Act of 2017 and the Prevention of Cruelty to Animals (Conduct of Jallikattu) Rules of 2017 has recognised the culture and traditions of the people as a fundamental right.
    • The petitioners, said that a mere activity does not give a fundamental right status because of an assertion.
    • It referred to how practices like Sati, dowry, widow re-marriage, child marriage, etc. were once recognised as fundamental to our culture and stopped through legislation.

    What is Jallikattu?

    • It is a bull-taming sport and a disputed traditional event in which a bull such is released into a crowd of people.
    • Multiple human participants attempt to grab the large hump on the bull’s back with both arms and hang on to it while the bull attempts to escape.
    • Participants hold the hump for as long as possible, attempting to bring the bull to a stop. In some cases, participants must ride long enough to remove flags on the bull’s horns.
    • It is typically practised in the state of Tamil Nadu as a part of Pongal (harvest) celebrations in January.

    Issue with the sport

    An investigation by the Animal Welfare Board of India concluded that “Jallikattu is inherently cruel to animals”.

    • Human deaths: The event has caused several human deaths and injuries and there are several instances of fatalities to the bulls.
    • Manhandling of animals: Animal welfare concerns are related to the handling of the bulls before they are released and also during the competitor’s attempts to subdue the bull.
    • Cruelty to animal: Practices, before the bull is released, include prodding the bull with sharp sticks or scythes, extreme bending of the tail which can fracture the vertebrae, and biting of the bull’s tail.
    • Animal intoxication:  There are also reports of the bulls being forced to drink alcohol to disorient them, or chilli peppers being rubbed in their eyes to aggravate the bull.

    Arguments in favour

    • Native breed conservation: According to its protagonists, it is not a leisure sport available but a way to promote and preserve the native livestock.
    • Cultural significance: Jallikattu has been known to be practiced during the Tamil classical period (400-100 BCE) and finds mention in Sangam texts.
    • Man-animal relationship: Some believe that the sport also symbolizes a cordial man-animal relationship.

     

     

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  • What are in-camera proceedings, when are they conducted?

    The Supreme Court has rejected a plea by a rape case accused for an in-camera hearing.

    What are in-camera proceedings?

    • In-camera proceedings are private, unlike open court proceedings.
    • It is conducted as per the court’s discretion in sensitive matters to ensure protection and privacy of the parties involved.
    • The proceedings are usually held through video conferencing or in closed chambers, from which the public and press are excluded.
    • In an open court or open justice system, which is the usual course of proceedings, the press is allowed to report on the matter being heard.

    In-camera trial in rape cases

    • Section 327 of the Code of Criminal Procedure (CrPC) has detailed the types of cases that should be recorded on camera, including inquiry into and trial in rape case.
    • The said section states that if the presiding judge or a magistrate thinks fit, she can order at any stage of the proceedings that the public generally, or any particular person, shall not remain present in the courtroom or the court building.
    • The said provision says that the inquiry into and trial be held in camera for various offences punishable under section 376 (rape) of the IPC.
    • The law also prescribes that in such cases, the trial be conducted as far as possible by a woman judge or a magistrate.

    Other cases where in-camera proceedings are held

    • In-camera proceedings are usually conducted at family courts in cases of matrimonial disputes, including judicial separation, divorce proceedings, impotence, and more.
    • In-camera proceedings are also conducted during the deposition of witnesses of terrorist activities as per the court’s discretion, so as to protect them and maintain national security.

    What about publishing of such a hearing?

    • Section 327 of the CrPC states that it shall not be lawful to publish any matter in relation to in-camera proceedings except with the previous permission of the court.
    • It adds that the ban on publishing of trial proceedings for offence of rape may be lifted subject to maintaining confidentiality of name and address of the parties.

     

     

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  • Notable women in the making of Constitution of India

    women

    PM highlighted the contribution of women in the Constituent Assembly which drafted the Constitution was hardly discussed and efforts should be made to educate future generations about their work.

    These are the 15 invisible architects of the Indian republic cited by the PM-

    Note: This newscard has some invincible set of facts that no one can remember in one go. However, we advise you to take some notes and have it on your desk. Be it sticky notes or something. Revise them for some days.

    (1) Ammu Swaminathan

    • She was born into an upper-caste Nair family in the Palghat district of Kerala.
    • She was a social worker and politician who along with Annie Besant, Margaret Cousins, Malathi Patwardhan, Mrs. Dadabhoy, and Mrs. Ambujammal, formed the Women’s India Association in 1917 in Madras.
    • One of the first associations to demand adult franchise and constitutional rights for women.
    • She strongly opposed discriminatory caste practices although, she belonged to an upper-caste and strongly advocated equal status, adult franchise, and the removal of untouchability.
    • Ammu became a part of the Constituent Assembly in 1946 from the Madras constituency.
    • She felt that the Constitution was too long and that it had gone into unnecessary detail and wanted a constitution that could fit easily into a pocket or purse.

    (2) Annie Mascarene

    • Annie Mascarene was born into a Latin Catholic family belonging to Thiruvananthapuram, Kerala.
    • She was one of the first women to join the Travancore State Congress and became the first woman to be part of the Travancore State Congress Working Committee.
    • She was one of the leaders of the movements for independence and integration with the Indian nation in the Travancore State.
    • She was elected to the First Lok Sabha in the Indian general election, 1951.
    • She was the first woman MP from Kerala and one of only ten elected to Parliament in the elections.
    • Before her election to Parliament, she had served briefly as Minister in Charge of Health and Power during 1949-1950.

    (3) Begum Aizaz Rasul

    • She was born into the princely family of Malerkotla, Punjab.
    • She was the only Muslim woman in the Constituent Assembly.
    • She, together with her husband joined the Muslim League after the enactment of the GOI Act 1935.
    • In 1950, after the dissolution of the Muslim League in India, she joined Congress.
    • She was elected to the Constituent Assembly as a member of the Muslim League representing the United Provinces.
    • Although she was not a part of any committee in the Assembly, she advocated for National language, reservation and property rights, and minority rights.
    • She was against making ‘Sanskritised Hindi’ the National language, as only very few understood it and instead advocated for Hindustani.

    (4) Dakshayani Velayudhan

    • She was born into an agrestic slave caste, Pulayas, on a small island of Bolgatty on the coast of Cochin.
    • She was the only Dalit women member of the Constituent Assembly and also the youngest at 34 years.
    • She was the first Dalit woman to graduate in India, and was the only female student pursuing a course in the sciences.
    • She was inspired into politics through her family’s fight against discriminatory caste practices.
    • She was the first generation Kerala woman to be able to cover their upper-body.
    • She was nominated to the Assembly in 1945 from Madras.
    • In the Assembly, she advocated on issues of untouchability, forced labour, reservations, and against separate electorates for Dalits.
    • She believed that the best way to address untouchability was through sustained state propaganda and not through punishment.
    • In 1977 she set up a women’s rights organization Mahila Jagriti Parishad in Delhi.

    (5) Durgabai Deshmukh

    • Durgabai, from the ripe age of twelve, was a part of the Indian freedom movement.
    • She quit school to protest the imposition of English as a medium of education, part of the Non-Cooperation Movement.
    • She volunteered at a conference held by the Indian National Congress in Kakinada at the age of 14.
    • She participated in the Salt Satyagraha from Madras in May of 1930.
    • While she was in prison, she studied English and completed her master’s degree from Andhra University.
    • She then studied law at Madras University and practiced at the bar for a few years.
    • She established Andhra Mahila Sabha to coach young Telugu girls in Madras for their Matriculation examination conducted by the Banaras Hindu University in 1936.
    • She was elected to the Constituent Assembly from Madras and was part of the Committee on Rules and Procedure and the Steering Committee.
    • She also advocated for judicial-independence and human trafficking.
    • She also felt that Hindustani should be adopted as a national language instead of Sanskritised Hindi but, she later argued against adopting Hindi as the national language.

    (6) Hansa Jivraj Mehta

    • She was a writer, social reformer, social activist, and educator.
    • In 1937, she contested in the Bombay Legislative Council elections from the general category; she not only won but remained on the council till 1949.
    • She became President of the All India Women’s Conference in 1946.
    • During the presidency, she drafted the Indian Women’s Charter of Rights and Duties, which called for gender equality and civil rights for women.
    • She is 1946 also served as a member of the UN sub-committee on the status of women.
    • She along with Eleanor Roosevelt, vice-chaired the United Nations Universal Declaration of Human Rights Committee.
    • She was part of the Advisory Committee, Sub-Committee on Fundamental Rights, Provincial Constitution Committee.
    • She strongly advocated for a uniform civil code and believed that purdah was an evil practice. She also rejected quotas, reserved seats, and separate electorates for women.

    (7) Kamla Chaudhary

    • She was a feminist, fictional writer, and political activist.
    • Her political career began in 1930 when she joined the Indian National Congress and was an active participant in the Civil Disobedience Movement.
    • At the 54th session of the All India Congress Committee, she was the vice-president.
    • She was elected to the Constituent Assembly.

    (8) Leela Roy

    • She was a great social reformer, a staunch feminist and a social and political activist, and a close associate of Subash Chandra Bose.
    • In 1923 she received her M.A from Dhaka University and was the first woman to obtain it from the University.
    • She was an advocate for women’s education and established Dipali Sangh, an association for women, in 1923.
    • She founded a school named Dipali School and twelve other free primary schools with the help of the Dipali Sangha.
    • Subsequently, in 1928, she established two other schools known as Nari Shiksa Mandir (Temple of Women’s Education) and Shiksa Bhaban (House of Education).
    • Another important contribution was made b her to Muslim women’s education by setting up one of her schools as Qamrunnessa Girl’s School in Dhaka.
    • She was the only woman to be elected from Bengal to the Constituent Assembly on 9th December 1946.
    • However, she resigned from her post a few months later to protest against the partition of India.

    (9) Malati Choudhury

    • She hailed from East Bengal (now Bangladesh).
    • At the age of 16, in 1929, she was sent to Santiniketan where she got admitted to Viswa-Bharati.
    • Along with her husband, during the Salt Satyagrah joined the Indian National Congress.
    • In 1933, she formed Utkal Congress Samajvadi Karmi Sangh along with, her husband and later came to be known as the Orissa Provincial Branch of the All India Congress Socialist Party.
    • She joined Gandhiji in his famous padayatra in Orissa in 1934.
    • For the upliftment of vulnerable communities in Odisha, she set-up several organizations such as the Bajiraut Chhatravas.

    (10) Purnima Banerjee

    • She was a part of the individual Satyagraha and Quit India movement.
    • She was a member of the Congress Socialist Party and the Indian National Congress.
    • She held the post as the Secretary of the Allahabad City Congress Committee, working towards creating rural engagement.
    • She was appointed to the Constituent Assembly from United Provinces.
    • She argued that the preventative detention clause in Draft Article 15A (Article 22 of the Constitution of India) must prescribe time limits beyond which a person cannot be detained.
    • During the discussion of the Preamble, she expressly stated that ‘sovereignty’ is derived from the people of India.
    • During the discussion around the qualifications of Rajya Sabha members, Banerjee believed that the age limit should be reduced from 35 to 30 years.

    (11) Rajkumari Amrit Kaur

    • Inspired by Gandhi’s fight for Independence, she gave up her Sherborne and Oxford education to be his Secretary for 16 years.
    • In 1927 she along with Margaret cousins co-founded the All-India Women’s Conference.
    • She held the position of Secretary in 1930 and President in 1933.
    • She played a vital part in India’s establishment of constitutional equality of genders guaranteed under Articles 14, 15, and 16.
    • She was also played a pivotal part in the inclusion of the Uniform Civil Code as part of the Directive Principles of State Policy.
    • She was the first Health Minister of independent India and held office for ten years.
    • She was the first female and first Asian President of the world health Assembly.

    (12) Renuka Ray

    • Renuka Rai is a celebrated women’s rights and inheritance rights in parent a property activist.
    • She, like Kaur, was inspired by Gandhi’s call for the independence struggle, joined Gandhi’s Ashram accompanying him in protests.
    • In 1934 while working as a secretary of the AIWC, she authored ‘legal disability is Women in India; A Plea for A Commission of Inquiry’.
    • She worked for the prevention of women trafficking and the improvement of conditions of female labourers.
    • Ray contributed to numerous women’s rights issues, minority rights, and bicameral legislature provisions. She fought for Uniform Personal Law Code.
    • In 1949 represented India in the UN General assembly.

    (13) Sarojini Naidu

    • The first woman president of the Indian National Congress was popularly known as the Nightingale of India.
    • When in England, she had gained some experience in suffragist campaigns and was drawn to India’s Congress movement and Mahatma Gandhi’s Non-cooperation Movement.
    • Besides being a suffragette, she was also a women rights activist, and she advocated for reforms to improve the conditions of widows in the Indian National Social Conference in Madras, 1908.
    • In 1917 she headed the All-India Women’s Deputation and championed women’s suffrage before E. S. Montagu (Secretary of State for India).
    • In the same year, she together with Annie Besant, set up the Women’s India Association.
    • In 1931 she accompanied Gandhi to London for the inconclusive second session of the Round Table Conference.
    • She was appointed to the Constituent Assembly from Bihar as part of the ad-hoc committee on the national flag.

    (14) Sucheta Kriplani

    • The first elected female chief minister of an Indian state was born in Ambala.
    • A graduate from Indraprastha College for Women, Delhi University, taught Constitutional History at Banaras Hindu University until 1939.
    • She became a member of the Congress Party in 1938, served as the Secretary to the Foreign Department and Women’s Section for a year and a half.
    • Under her leadership, the women’s wing of the Congress Party was established in 1940.
    • She held an active role in India’s struggle for independence during the 1940s and was remembered especially for her role in the 1942 Quit India Movement for which she was arrested in 1944 and detained for a year.
    • She was elected to the Constituent Assembly from the United Provinces in 1946 as a member of the Flag Presentation Committee.
    • This committee presented the first Indian flag before the Constituent Assembly.
    • Kriplani served as a Secretary to the Relief and Rehabilitation Committee established by the Congress Party, playing a pivotal role in rehabilitating the Bengali refugees during the partition.
    • She had a colourful political career. She was also a part of various delegations to international organizations and countries.

    (15) Vijaya Lakshmi Pandit

    • Born, Swarup Kumari Nehru was a diplomat and politician. She changed her name after her marriage in 1921.
    • As an enthusiastic participant of the independence struggle, she was imprisoned on three different occasions.
    • After the Indian Independence, she became an eminent diplomat representing India in the United Nations between 1946- 48 and 1952-53.
    • She was an Ambassador to Moscow, Mexico, and Washington and later to England and Ireland concurrently.
    • She is the first woman to become President of the UN General Assembly.
    • She was appointed as the governor of Maharashtra after her return to India.

     

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  • Constitution Day: A rare, enduring document

    Constitution

    Context

    • On November 26, 1949, the Constituent Assembly of India adopted our Constitution. Hence, every year we celebrate this day as Constitution or Law Day. India’s Constitution has now endured for almost 73 years.

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    Did you know?

    • The original constitution of India was handwritten by Prem Behari Narain Raizada in a flowing italic style with beautiful calligraphy.
    • 2,000 Amendments were made to the 1st draft of the Constitution before it was finalized.

    Constitution

    Circumstances during the making of the constitution

    • Era of constitutional democracies: Constitution-making itself is a relatively unexceptional endeavor. Ginsburg, Elkins and Blount note that in the period from 1789–2005, 806 national constitutions were promulgated.
    • Shadow of partition: It was written under extraordinarily difficult conditions, The partition of India which resulted in the displacement of millions of people on both sides of the border.
    • Mass death and refugee crisis: Partition was accompanied by mass deaths, devastation, violence, and brutality. Amid all this, as refugees flowed into Delhi, our dual-purpose assembly, a parliament by morning and a constituent body in the afternoon drafted our enduring founding instrument. One that would remain relevant not just for the turbulence of that present, but also would be meaningful for future generations to come.
    • A lengthy process: Of the 148 cases, which were randomly chosen from 806, on average, the constitution-making process took 16 months. India’s constitution-making project took about three years from 1946 to 1949.

    Legitimacy of the constitution

    • Constitution narrates the story of people: It’s not only the text, but also the story crafted of the birth of a constitution that is critical in the internalization of a constitutional order by a people.
    • Legitimacy of constitution makers: The drafters deployed the considerable political goodwill enjoyed by key national leaders who were members of the assembly to give legitimacy to the Constitution.
    • Egalitarian foundation for decent nation: The Constitution reflects the will of the people, and how its egalitarian foundation would create a better, more decent nation.

    Constitution

    Influence of freedom movements on the crafting of the Constitution

    • Rise of constitutionalism: The freedom movement and resistance to colonial power was also good training for constitution-crafting. Dietmar Rothmund highlights the unique evolution of Indian constitutionalism, each set of reforms introduced by the British coloniser, while being designed to fulfil certain demands, leads to inspiring new agitations.
    • Tilak’s Swaraj Bill of 1895: As the legal historian Rohit De writes, the Constitution, had its inspiration in sources like Tilak’s Swaraj Bill of 1895 (which included rights to free speech, free press, equality before law) and the Declaration of Rights of 1918 (where the Indian National Congress demanded that civil and political rights to include the right to life and liberty, freedom of press and association and for all this to be included in the Government of India Act 1919).
    • Resolution of Fundamental Rights and Economic Changes:
    • Constitutional development that drew from the Resolution of Fundamental Rights and Economic Changes at the Karachi Session of the Congress in 1931. This resolution argues that “in order to end exploitation of the masses, political freedom must include economic freedom”.
    • Along with fundamental rights, it provided for ending of bonded and child labour, free primary education, expansion of labour welfare, regime protection labour unions, women workers, providing for redistribution of resources through state control over key industries and national resources, recognizing the communal problem and laying out protection of minority rights.

    Constitution

    Consensus based approach

    • It was also the consensus-oriented method that found favor with the Constituent Assembly that has helped our Constitution endure.
    • The framers appreciated the link between consensus in adoption and the legitimacy of the Constitution. For instance, when debating the adoption of Hindi as a national language, Rajendra Prasad, president of the Constituent Assembly, said that the choice of national language would have to be “carried out by the whole country”.
    • Even if a majority of the Assembly made a choice that was not approved by a section of the people, then, implementation of the Constitution would be rendered perilous. Hence, Hindi was made “the official language of the Union”, while English was retained to be used for all “official purposes”.

    Conclusion

    • India’s drafters and the methodologies they adopted to craft their glorious product, hold lessons for contemporary politicians and law makers. Consensus, craft and vision are invaluable while making an instrument to endure.

    Mains Question

    Q. Explain the impact of colonial legacy and freedom movement on drafting of constitution? What were the extra ordinary circumstances during the partition of India?

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  • Enhancing the credibility of the Election Commission (ECI)

    Election Commission

    Context

    • A vital issue of national importance dominating the headlines for the last three days is the PIL in the Supreme Court regarding the autonomy and neutrality of the Election Commission of India (ECI).

    Election Commission

    Constitutional mandate for Election Commission of India (ECI).

    • The Constitution intended the Election Commission to be fiercely independent and vested it with enormous powers of superintendence, direction and control over all elections.
    • The apex court has repeatedly adjudged these powers to be absolute and unquestionable.
    • It has declared Article 324 to be the reservoir of all powers of the ECI and has repeatedly declared free and fair elections to be part of the basic structure of the Constitution.

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    Back to basics: Appointment & Tenure of Commissioners

    • The President has the power to select Chief Election Commissioner and Election Commissioners.
    • They have tenure of six years, or up to the age of 65 years, whichever is earlier.
    • They have the same status and receive pay and perks as available to Judges of the Supreme Court of India.
    • The Chief Election Commissioner can be removed from office only through accusation by Parliament.
    • Election commissioner or a regional commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner.

    What are the issues regarding the appointment of the Election commissioners?

    • Flawed system of appointment of the Election Commissioners: They are appointed unilaterally by the government of the day.
    •  B. R. Ambedkar’s remark on tenure: Tenure B R Ambedkar’s statement to the Constituent Assembly “the tenure can’t be made a fixed and secure tenure if there is no provision in the Constitution to prevent a fool or a naive or a person who is likely to be under the thumb of the executive”
    • Uncertainty over the elevation: Uncertainty over the elevation of an Election Commissioner to the post of CEC, which makes them vulnerable to government pressure. They consider themselves on probation, always conscious of how their conduct is viewed by the government, which can exploit this fear. Since all three members have equal voting rights and all decisions in the commission are taken by the majority, the government can even control an independent-minded CEC through the majority voting power of the two Election Commissioners.

    Election Commission

    What are the demands for the appointment of EC’s?

    • Appointments through a broad-based consultation: There has been a demand for appointments through a broad-based consultation, including parliamentary scrutiny.
    • The Proposed mechanism: A collegium consisting of the Prime Minister, leader of the Opposition (LOP) and the Chief Justice of India (CJI).This system is already in operation for the appointment of the Central Vigilance Commissioner, Chief Information Commissioner and Director of the Central Bureau of Investigation.
    • The probable benefit of this mechanism: This will obviate the possibility of allegations against the incumbent of being partisan to the government. Opposition parties would not be able to raise a finger against the incumbent since the LOP would be a party to the selection.
    • Collegium system for appointing Election Commissioners: In its 255th Report, the Law Commission of India also recommended a collegium system for appointing Election Commissioners. Political stalwarts and many former CECs including BB Tandon, N Gopalaswami, TS Krishnamurthy supported the idea.
    • Extending protection to Election Commissioners: At present, only the CEC is protected from being removed (except through impeachment). One has to remember that the Constitution enabled protection for the CEC as it was initially a one-man Commission. Logically, this should have been extended to the other two Commissioners, who were added in 1993, as they collectively represent the ECI.

    Memory shot: Constitutional Provisions in short

    • 324: Functions of EC and its composition.
    • 325: One general electoral roll and equality among the citizens.
    • 326: Adult suffrage.
    • 327: Power to Parliament: To make provisions with respect to elections to federal and State Legislatures.
    • 328: Power to State Legislature: To make laws with respect to elections to such legislature.
    • 329: Bars interference by courts in electoral matters. Notwithstanding anything said in the constitution i.e., validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies shall not be called in question in any court.

    Election Commission

    Added Information: Conditions for filing an Election Petition

    • No election to either House of Parliament or either House of the Legislature of a State shall be called in question except by an election petition.
    • Any elector or candidate can file an election petition on grounds of malpractice during the election.
    • In respect of elections to the Parliament and State Legislatures, they can only be filed before the High Court.
    • In respect of elections for the offices of President and Vice President, such petitions can only be filed before the Supreme Court.

    Conclusion

    • The recent questions raised about the ECI’s credibility are certainly worrisome. An ECI in office with the express consent of both the ruling and opposition parties is a great opportunity to convince the country and all the parties contesting the elections of its neutrality and impartiality.

    Mains Question

    Q. Election Commission of India, the most powerful in the world, is said to have the most flawed appointment system. What are the concerns and demands raised from time to time? Discuss

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  • Supreme Court launches online RTI Portal

    The Supreme Court has launched an online portal that will help citizens file and access applications under the Right to Information (RTI) Act in matters related to the court

    What is the online RTI portal?

    • The online RTI portal has been initiated to make it convenient for people to access information about the Supreme Court.
    • So far, RTI applications at the Supreme Court had to be filed only via post.
    • Various public interest litigation (PILs) had been filed before the Supreme Court seeking an online RTI portal for the Court.
    • The online portal is likely to streamline responses of the Supreme Court under the Right to Information Act.

    How does the online portal work?

    • The online portal can be accessed at a dedicated url.
    • Essentially, the process of filing an RTI in the Supreme Court is the same as how one normally files the application.
    • This web portal can be used only by Indian citizens to file RTI applications, first appeals and to make payment for fees, and copying charges, under the Right to Information Act, 2005 (RTI Act).
    • An applicant must first register themselves in the web portal.

    Fees prescribed

    • The applicant can pay the prescribed fee through internet banking, credit/debit card of Master/Visa or UPI.
    • The fee per RTI application is ₹10.
    • Any applicant who is Below Poverty Line (BPL) is exempted to pay the application fee under the RTI Rules, 2012.

    Expected time for response

    • By law, RTIs must be replied to within 30 days.
    • In fact, in life and death cases, RTIs must be responded to within 48 hours.

    Back2Basics: Right to Information

    • RTI is an act of the parliament which sets out the rules and procedures regarding citizens’ right to information.
    • It replaced the former Freedom of Information Act, 2002.
    • Under the provisions of RTI Act, any citizen of India may request information from a “public authority” (a body of Government or “instrumentality of State”) which is required to reply expeditiously or within 30.
    • In case of the matter involving a petitioner’s life and liberty, the information has to be provided within 48 hours.
    • The Act also requires every public authority to computerize their records for wide dissemination and to proactively publish certain categories of information so that the citizens need minimum recourse to request for information formally.

     

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  • Assam-Meghalaya Boundary Dispute

    The recent firing incident on the Assam-Meghalaya border has put the focus on the five-decade-old boundary issue between the two northeastern states.

    What is the Assam-Meghalaya Boundary Dispute?

    • Meghalaya, carved out of Assam as an autonomous State in 1970, became a full-fledged State in 1972.
    • The creation of the new State was based on the Assam Reorganisation (Meghalaya) Act of 1969, which the Meghalaya government refused to accept.
    • This was because the Act followed the recommendations of a 1951 committee to define the boundary of Meghalaya.
    • On that panel’s recommendations, areas of the present-day East Jaintia Hills, Ri-Bhoi and West Khasi Hills districts of Meghalaya were transferred to the Karbi Anglong, Kamrup (metro) and Kamrup districts of Assam.
    • Meghalaya contested these transfers after statehood, claiming that they belonged to its tribal chieftains.
    • Assam said the Meghalaya government could neither provide documents nor archival materials to prove its claim over these areas.
    • After claims and counter-claims, the dispute was narrowed down to 12 sectors on the basis of an official claim by Meghalaya in 2011.

    Other boundary disputes in North-East

    The states of the Northeast were largely carved out of Assam, which has border disputes with several states.

    During British rule, Assam included present-day Nagaland, Arunachal Pradesh and Meghalaya besides Mizoram, which became separate state one by one. Today, Assam has boundary problems with each of them.

    • Nagaland shares a 500-km boundary with Assam.
    • In two major incidents of violence in 1979 and 1985, at least 100 persons were killed. The boundary dispute is now in the Supreme Court
    • On the Assam-Arunachal Pradesh boundary (over 800 km), clashes were first reported in 1992, according to the same research paper.
    • Since then, there have been several accusations of illegal encroachment from both sides, and intermittent clashes. This boundary issue is being heard by the Supreme Court.
    • The 884-km Assam-Meghalaya boundary, too, witnesses flare-ups frequently. As per Meghalaya government statements, today there are 12 areas of dispute between the two states.

     How did the two governments go about handling the issue?

    • The two States had initially tried resolving the border dispute through negotiations but the first serious attempt was in May 1983 when they formed a joint official committee to address the issue.
    • In its report submitted in November 1983, the committee suggested that the Survey of India should re-delineate the boundary with the cooperation of both the States towards settling the dispute.
    • There was no follow-up action. As more areas began to be disputed, the two States agreed to the constitution of an independent panel in 1985.
    • Headed by Justice Y.V. Chandrachud, the committee submitted its report in 1987.
    • Meghalaya rejected the report as it was allegedly pro-Assam.
    • In 2019, the Meghalaya government petitioned the Supreme Court to direct the Centre to settle the dispute. The petition was dismissed.

    How was the ice broken?

    • In January 2021, Home Minister urged all the north-eastern States to resolve their boundary disputes by August 15, 2022, when the country celebrates 75 years of Independence.
    • It was felt that the effort could be fast-tracked since the region’s sister-States either had a common ruling party.
    • In June 2021, the two States decided to resume talks at the CM level and adopt a “give-and-take” policy to settle the disputes once and for all.
    • Of the 12 disputed sectors, six “less complicated” areas — Tarabari, Gizang, Hahim, Boklapara, Khanapara-Pilingkata and Ratacherra — were chosen for resolving in the first phase.
    • Both States formed three regional committees, one each for a district affected by the disputed sectors.

    What were the principles followed?

    • These committees, each headed by a cabinet minister, were given “five principles” for approaching the issue.
    • These principles are historical facts of a disputed sector, ethnicity, and administrative convenience, willingness of people and contiguity of land preferably with natural boundaries such as rivers, streams and rocks.
    • The committee members conducted surveys of the disputed sectors and held several meetings with the local stakeholders.
    • This paved the way for the March 29 closure of the six disputed sectors.

    Issues with this settlement

    • Officials in Assam said it was better to let go of areas where they did not have any administrative control rather than “live with an irritant forever”.
    • However, residents in the other six disputed sectors feel the “give-and-take” template could spell disaster for them.
    • The fear is more among non-tribal people who could end up living in a “tribal Meghalaya with no rights”.

     

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  • Maharashtra-Karnataka Boundary Dispute

    The Maharashtra-Karnataka border dispute is in the news again after a leader in Maharashtra stated the  “commitment to acquiring” Maratwhi-speaking villages along the border.

    Maha-K’taka boundary dispute

    • The erstwhile Bombay Presidency, a multilingual province, included the present-day Karnataka districts of Vijayapura, Belagavi, Dharwad and Uttara-Kannada.
    • In 1948, the Belgaum municipality requested that the district, having a predominantly Marathi-speaking population, be incorporated into the proposed Maharashtra state.
    • However, the States Reorganization Act of 1956, which divided states into linguistic and administrative lines, made Belgaum and 10 taluka of Bombay State a part of the then-Mysore State

    The Mahajan Commission

    • While demarcating borders, the Reorganization of States Commission sought to include talukas with a Kannada-speaking population of more than 50 per cent in Mysore.
    • Opponents of the region’s inclusion in Mysore argued, and continue to argue, that Marathi-speakers outnumbered Kannadigas who lived there in 1956.
    • In September 1957, the Bombay government echoed their demand and lodged a protest with the Centre, leading to the formation of the Commission under former CJI Mehr Chand Mahajan in October 1966.

    Beginning of the dispute

    • The Commission recommended that 264 villages be transferred to Maharashtra (which formed in 1960) and that Belgaum and 247 villages remain with Karnataka.
    • Maharashtra rejected the report, calling it biased and illogical, and demanded another review.
    • Karnataka welcomed the report and has ever since continued to press for implementation, although this has not been formally done by the Centre.

    A case pending in the Supreme Court

    • Successive governments in Maharashtra have demanded their inclusion within the state– a claim that Karnataka contests.
    • In 2004, the Maharashtra government moved the Supreme Court for a settlement of the border dispute under Article 131(b) of the Constitution.
    • It demanded 814 villages from Karnataka on the basis of the theory of village being the unit of calculation, contiguity and enumerating linguistic population in each village.
    • The case is pending in the apex court.

     

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