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Subject: Polity

  • India @75 –Relooking our democracy

    Context

    • As we celebrate the nation @75 , we must also reflect on the mixed nature of our democracy

    Definition of democracy

    • “Government of the people, by the people and for the people” were the words used by Abraham Lincoln in the year 1863 while talking about democracy.

    Purpose of democracy

    • Cornerstones of democracy include freedom of assembly, association, property rights, freedom of religion and speech, inclusiveness and equality, citizenship, consent of the governed, voting rights, freedom from unwarranted governmental deprivation of the right to life and liberty, and minority rights.

    Background

    • India is a parliamentary democratic secular republic in which the president of India is the head of state & first citizen of India and the prime minister of India is the head of government.
    • It is based on the federal structure of government, although the word is not used in the Constitution itself.

    How it has performed

    (1) Political front

    • India is the world’s the largest democracy proved success in accommodation of group and regional demands in a complex, quasi-federal, polity.
    • During the first general election in the 1951 India had 54 political parties and now it has grown up to 464 in the 2014 general election as an evident of deepening of the democratic process.
    • In the first General election 1951, 173 million citizens were given right to vote.
    • In the 16th general election in 2014, the size of the electorate had increased to 814 million.

    (2) Social front

    • The democratic process has brought about a shift of political power from the middle and higher castes and classes of urban society to backward classes who are now the politically most influential ones in the country.
    • They have won reservations for themselves in legislatures and government services as were accorded to the Scheduled Castes and Scheduled Tribes after independence through Constitutional provisions.

    (3) Economic Front

    • These include strategic affairs and security, politico-legal democratic governance as well as society and economy.
    • India has been able to emerge as a regional power in Asia and super power in south Asia backed by its economic, military and nuclear capabilities.

    Contradictions in democracy

    • Performance of Bureaucracy: Dishonest officials to protect themselves from the consequences of their wrong-doings have largely exploited constitutional protection for the Services under Article 311.
    • Administration of Justice: Judicial system has not been able to meet even the modest expectations of the society. Its delays and costs are frustrating, its processes slow and uncertain. People are pushed to seek recourse to Extra-legal methods for relief. Trial system both on the civil and criminal side has utterly broken down.
    • Areas of Concern: There is a fundamental breach of the constitutional faith on the part of the Governments and their method of governance lies in the neglect of the people who are the ultimate source of all political authority.
    • Regionalism: Issues of national integrity and security have not received adequate and thoughtful attention. Mechanisms for the assessment of early warning symptoms of social unrest are absent.
    • Corruption: The increasing instability of elected governments is attributable to opportunistic politics and unprincipled defections.

    Some positive suggestions to government

    • Feedback: The Government should hear criticism rather than rejecting it outrightly. Suggestions on eroding democratic values need a thoughtful, and respectful response.
    • Freedom of press: The press and the judiciary which are considered the pillars of India’s Democracy, require to be independent of any executive interference.
    • Opposition: strong democracy requires strong opposition. Without an alternative choice, the very objective of election to provide a check on arbitrary power gets defeated.

    Way forward

    • The institutionalization of constitutional democracy has helped the people of India realize the importance of democracy and inculcate democratic sensibilities among them.
    • At the same time, it is important that all the government organs work in harmony to uphold the trust people of the country have held in them and ensure the objectives of true democracy.

    Mains question

    Q.We are celebrating Azadi ka amrit mahotsav India @75, trace the journey of democracy critically by providing some suggestions for robust democracy.

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  • Police reforms in India

    Context

    • There is a widely shared view that the All India Services, which provided the ‘steel frame’ of governance in a democratic India, particularly on the police front, are failing to deliver.
    • This is because of the declining decision-making ability of its officers, their smugness arising from notions of total employment security, and the inadequacy of parameters used for evaluating their performance.
    • Anti-corruption bureau Was Constituted To Shield Corrupt Politicians, Officers From Lokayukta: Karnataka High Court

    Role of Police

    • Law enforcement: The basic role of the police is to function as a law enforcement agency and render impartial service to law, without any heed to wishes, indications or desires expressed by the government which either come in conflict with or do not conform to the provisions contained in the constitution or laws.
    • Service delivery: The police should have duly recognised service-oriented role in providing relief to people in distress situations. They should be trained and equipped to perform the service oriented functions.

    Issues with police institution

    • Public relationship: The police-public relations relationship, which is crucial to effective policing, is troubled by a severe lack of confidence.
    • Public perception towards police: Most people believe police to be abusive and also believe that police personnel misuse their power in order to bring order to society.
    • Police Accountability: Police priorities are constantly changed at the request of political leaders. This obstructs police officers’ ability to make professional decisions
    • Overburdened force and vacancies: A high percentage of vacancies in police departments exacerbates an already-existing problem of overworked officers. Given India’s low police strength per lakh population in comparison to international standards, each police officer is also responsible for a huge group of people.
    • Infrastructure: The weapons used by lower police forces are obsolete and cannot match modern weaponry used by anti-social elements.
    • Custodial Death: There are many cases on custodial death means Death by torture/pressure in police/judicial custody.
    • The dilemmas and challenges:

    (1) The Ubiquitous infrastructure (2) Explosion of police tasks (3) Dis-functionalism of rural police (4) Anomalous personnel system (5) The colossal ignorance of either side (6) The fragility of the equipment (7) The paradox of para militarism (8) Non-development to policing

    Steps taken till now

    • Establishment of a Central Police Committee:

    A Central Police Committee to look after the functions of consultancy and monitoring be

    Created because an expert agency is required by the Central Government and the State

    Security Commissions to advise them on matters relating to:

    (i) Police Organisation and police reforms of a general nature;

    (ii) Central grants and loans to the State Police Forces for their modernisation and Development; and

    (iii) Budgetary allotments to State Police Forces.

    • Enactment of a Model Police Act:

    The Police Act of 1861 replaced by a new Police Act, which not only changes the

    System of superintendence and control over the police but also enlarges the role of the

    Police to make it function as an agency which promotes the rule of law in the country and

    Renders impartial service to the community.

    • The Prime Minister’s call for making the police a SMART force: standing for a force which is:
    1. Strict and Sensitive,
    2. Modern and Mobile,
    3. Alert and Accountable,
    4. Reliable and Responsive,
    5. Tech-savvy and trained.
    Malimath committee:

    • Government had set up (November, 2000) a Committee under the Chairmanship
    • of Justice V.S. Malimath , a former Chief Justice of the Karnataka and Kerala High
    • Courts to consider and recommend measures for revamping the Criminal Justice System.

    Key recommendations :

    • Strengthening of training infrastructure, forensic
    • Science laboratory and Finger Print Bureau,
    • Enactment of the new Police Act,
    • Setting up of Central Law Enforcement agency to take care of federal crimes
    • Separation of the investigation wing from the law and order wing in the police stations,
    • Improvement in the investigation by creating more posts.

    Some suggestions for better policing:

    • Screen for Implicit Bias and Aggression: State legislatures should pass legislation that requires current and prospective police officers to undergo mandatory implicit bias testing
    • Focus on Collaborative Approaches to Policing: Police departments should rely upon collaborative approaches that respect the dignity of individuals within the community; focus on problem-solving; and are generally more community centered and build community trust.
    • Encourage Consistent Monitoring and Screening: Police departments should create early warning systems for detecting patterns of behaviour, such as complaints filed against officers or personal hardships like divorce, which indicate potential vulnerabilities for the officer and the department.
    • Use Video Recording to Promote Accountability: Legislatures should require that police interrogations be electronically recorded “during the time in which a reasonable person in the subject’s position would consider themselves to be in custody and a law enforcement officer’s questioning is likely to elicit incriminating responses.
    • Increase the use of special prosecutors in police misconduct investigations
    • Enhancing the collection of data on fatalities involving police

    Conclusion

    • India is the target of an ever-growing list of terrorist groups, insurgent forces and criminal networks.
    • Even petty criminals are now in possession of hi-tech gadgets that allow them better access and reduce their chances of being caught.
    • In such an environment, the need for skill and competency up-gradation of the police force is a sine qua non.

    Q. What is smart policing? Considering the rise in custodial deaths give some suggestions to improve criminal justice delivery system in India.

     

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  • SC to take up plea to ban convicts from polls for life

    The Supreme Court has said that it would consider a plea seeking a lifetime ban on people convicted of offenses from contesting elections and becoming MPs and MLAs.

    Why such petition?

    • The petition has made a very logical argument that even a constable can lose his job after conviction for corruption.
    • The Centre maintained affirmation on the existing (namesake) bar of disqualification was enough for legislators.
    • The disqualification under the Representation of the People Act of 1951 is the period of prison sentence and six years thereafter.

    What did the Centre argue against lifetime ban?

    • In 2017, the ECI endorsed the call for a life ban in the top court. This was a boost for the cause of decriminalisation of politics.
    • In Dec 2020, the Centre rejected the idea of a lifetime ban on convicted persons contesting elections or forming or becoming an office-bearer of a political party.
    • It had reasoned that MPs and MLAs were not bound by specific “service conditions”.
    • They are bound by their oath to serve citizens and country along with propriety, good conscience and interest of the nation.

    Criminalization of politics: Indian Case

    • The criminalization of politics has become a headache for the Indian democracy and it is a harsh reality now.
    • Criminalization of politics in India includes political control of the police, state money, corruption, weak laws, lack of ethics, values, vote bank politics and loopholes in the function of the election commission.
    • Deep down, it’s a large nexus of police, money, corrupt bureaucracy, casteism, religion and the drawbacks of functioning in the election commission.

    Why are tainted candidates inducted by political parties?

    • Innocent until proven guilty maxim: The other reason offered by political parties is summarised by the maxim of Indian law, which is that any accused is innocent until proven guilty.
    • Popularity: Such candidates with serious records seem to do well despite their public image, largely due to their ability to finance their own elections and bring substantive resources to their respective parties.
    • Prospected victory: The logic of a candidate with criminal charges doing better for the cause of people of is another flawed argument.
    • Destabilizing other electors: Others do not seek to punish these candidates in instances where they are in contest with other candidates with similar records.
    • Vested interests: Some voters tend to view such candidates through a narrow prism: of being able to represent their interests by hook or by crook.

    A harsh reality of Political Asylum

    • The NN Vohra committee’s report on the criminalization of politics discussed how criminal gangs flourish under the care and protection of politicians.
    • Many times the candidates themselves are the gang leaders.
    • This protection is paid back to them during elections through capital investment in election spending and voter support.

    Issues with Criminals in Politics

    • Morality of the process: It is extremely important that the people who enter the field of politics have a clear image and high moral character.
    • No rule of law: A leader with criminal character undoubtedly tends to undermine the rule of law.
    • Violation of right to equality: There were 4.78 lakh prisoners (as of December 2019) of whom 3.30 lakh were under trial, i.e. not yet proven guilty.
    • Problem of undertrial: An “innocent” undertrial cannot vote, but a man chargesheeted for murder can even contest election from jail.

    Supreme Courts guidelines in this regard

    The Supreme Court earlier in Feb 2020 had ordered political parties to publish the entire criminal history of their candidates for Assembly and Lok Sabha elections.

    • Reasons for nomination: It has also asked for the reasons that goaded them to field suspected criminals over decent people.
    • Publication of records: The information should be published in a local as well as a national newspaper as well as the parties’ social media handles.
    • 48hr time frame: It should mandatorily be published either within 48 hours of the selection of candidates or less than two weeks before the first date for filing of nominations, whichever is earlier.
    • Contempt for non-compliance: It also ordered political parties to submit compliance reports with the Election Commission of India within 72 hours or risk contempt of court action.
    • No escape: The judgment is applicable to parties both at Central and State levels.

    Immediate Reason for Judicial Action

    • The immediate provocation is the finding that 46% of MPs have criminal records.
    • The number might be inflated as many politicians tend to be charged with relatively minor offences —“unlawful assembly” and “defamation”.
    • The real worry is that the current cohort of Lok Sabha MPs has the highest (29%) proportion of those with serious declared criminal cases compared to its recent predecessors.

    Way forward

    (1) ECI suggestion on vendetta politics

    The ECI has suggested some safeguards against vendetta politics.

    • First, only offences that carry an imprisonment of at least 5 years are to be considered.
    • The case against the candidate should have been filed at least six months before the scheduled elections for it to be considered.
    • And finally, a competent court must have framed the charges.

    (2) Speedy trials

    • An alternative solution would be to try cases against political candidates in fast-track courts.
    • The SC had sent a directive in 2014, directing that cases against political candidates must be completed within a year, failing which the matter should be reported to the CJs.

    (3) Legislative reforms

    • We must have a law which debars persons with serious criminal cases from entering the assemblies and the Parliament.
    • There must be stringent criteria in Representation of Peoples Act as well.

    (4) Revamping Criminal Justice System

    • The criminal justice system must be revamped as recommended by the Malimath Committee.
    • An institution comprising representatives of the police/CBI/NIA, IB, IT department, Revenue Intelligence and Enforcement Directorate should be set up to monitor the activities of the mafia and criminal syndicates in the country.

     

     

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  • Right to abortion won’t be restricted by a woman’s marital status

    Context

    Recently, a three-judge bench of the Supreme Court of India delivered a significant order, clarifying that the right to a medical abortion that was available to married women could not be denied to unmarried women.

    Background of the case

    • The SC’s order granting permission to undergo an abortion was passed in the case of a petitioner who was in a consensual relationship, and whose partner deserted her.
    • The Delhi High Court had denied the petitioner’s right to terminate her pregnancy.
    •  Rule 3B of the Medical Termination of Pregnancy Rules 2003, lays down the categories of women who are eligible for termination of pregnancy up to 24 weeks:
    • Survivors of sexual assault or rape or incest; minors; where there is a change of marital status during the ongoing pregnancy (widowhood and divorce); women with physical and mental disabilities, women with pregnancies in humanitarian settings; foetal “malformations” that have a substantial risk of being incompatible with life, or which, if the child is born, may cause it to suffer from a serious physical or mental handicap.
    • The High Court found that the petitioner had not undergone a “change in marital status”.
    • The SC found that prima facie, the High Court had been too restrictive in its approach, and that the term “change in marital status” should be given a purposive interpretation.

    Three key judgments

    • The Supreme Court in this casebased this finding on the 2021 Amendment to the MTP Act, which no longer restricts itself to an unwanted pregnancy between a “husband” and “wife”, but to a woman and her “partner”, by marriage or not.
    • The Court relied on three key judgements:
    • 1] The 2010 S Khushboo case, which recognised the legality of live-in relationships and pre-marital sex.
    • 2] The 2009 Suchita Srivastava case, which recognised that a woman’s right to make reproductive choices is part of the “personal liberty” guaranteed under Article 21.
    • 3] The 2017 K S Puttaswamy case, which reaffirmed that women’s right to bodily integrity is part of the fundamental right to privacy.
    • The Court observed: The statute has recognised the reproductive choice of a woman and her bodily integrity and autonomy.
    • Contrast with rights in the US: The SC’s order attains significance in contrast to the recent Dobbs decision in the US.
    • Constitutional rights are interconnected: Unravel one and the entire edifice of protections could fall apart.

    Conclusion

    The Supreme Court offers hope that right to abortion won’t be restricted by a woman’s marital status.

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  • Disruptions in Parliament

    Context

    The inability of Parliament to transact any business and the lack of serious deliberation must be a matter of grave concern for all.

    Purpose of deliberative democracy

    • In a deliberative democracy, Parliament works as a special purpose vehicle for the legislative scrutiny of bills, grievance redressal and debate on policies and related governance issues.
    • Its failure to transact business is a sad commentary on three aspects — Members of Parliament, the presiding officers as well as the rules and regulations that define the functioning of both Houses.

    How disruption affects Member of Parliaments

    • For any parliamentarian, it is extremely disappointing to be unable to speak in the House for which he or she has — in most cases —given notice and come prepared.
    • And when this happens too often, their enthusiasm decreases.
    • Impact on quality of debate: In such a situation, members are often tempted to make a popular intervention than a substantive one.
    • This certainly impacts the quality of debates negatively.

    Challenges for presiding officer

    • For the presiding officers too, preventing disruptions is a serious challenge.
    • Perhaps presiding officers can emulate the courts of law.
    • Use of in-camera proceedings: Like in courts, the presiding officers  need to consider conducting in-camera proceedings in their chambers to insulate at least the Zero Hour and Question Hour from getting washed out.
    • While the House remains force-adjourned, presiding officers can order in-camera hearing of questions of MPs and replies of ministers.
    • Zero Hour submissions could also be dealt with similarly.
    • Some tweaking of existing rules and regulations may facilitate this.

    Issues with media coverage of Parliamentary proceedings

    • In any polity, systems work effectively when wrongdoers are punished and rule-abiding people are rewarded.
    •  What happens currently is exactly the opposite, especially in the context of coverage of parliamentary proceedings in mainstream media.
    •  The space allocated for parliamentary proceedings in both, print and electronic media is shrinking fast.
    • Rarely does one finds adequate coverage of Question Hour or Zero Hour compared to the past.
    • Debates on bills are also subject to brief and sketchy reporting.
    • Although disruptions have become common, they continue to get reported without fail and disruptors often bask in the media limelight.
    • As against this, those who make a reasonably good speech — well argued and supported by statistics, examples or case studies — rarely get adequate attention.
    • This too hampers the interest of parliamentarians.
    • It is high time we rise above the temptations of this tendency and think seriously about systemic reforms.

    Conclusion

    As the Parliament of independent India enters the eighth decade of its history and prepares to enter a new, more well-equipped and modern Parliament House, it is the right time to think about how we can add value to our deliberative democracy.

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  • What is PESA Act?

    A Political Party has declared a six-point “guarantee” for tribals in Gujarat’s Chhota Udepur district, including the “strict implementation” of The Panchayats (Extension to the Scheduled Areas) Act (PESA Act).

    What is PESA Act?

    • The PESA Act was enacted in 1996 to provide for the extension of the provisions of Part IX of the Constitution relating to the Panchayats to the Scheduled Areas.
    • Other than Panchayats, Part IX, comprising Articles 243-243ZT of the Constitution, contains provisions relating to Municipalities and Cooperative Societies.
    • Under the PESA Act, Scheduled Areas are those referred to in Article 244(1), which says that the provisions of the Fifth Schedule shall apply to the Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram.
    • The Fifth Schedule provides for a range of special provisions for these areas.

    How is the PESA Act, 1996 supposed to work?

    • The PESA Act was enacted to ensure self-governance through Gram Sabhas (village assemblies) for people living in the Scheduled Areas.
    • It recognises the right of tribal communities to govern themselves through their own systems of self-government, and also acknowledges their traditional rights over natural resources.
    • In pursuance of this objective, the Act empowers Gram Sabhas to play a key role in approving development plans and controlling all social sectors.

    Special powers accorded by PESA Act includes the:

    1. Processes and personnel who implement policies
    2. Exercising control over minor (non-timber) forest resources
    3. Minor water bodies and minor minerals
    4. Managing local markets
    5. Preventing land alienation and
    6. Regulating intoxicants among other things

    States and PESA Act

    • State governments are expected to amend their respective Panchayati Raj Acts without making any law that would be inconsistent with the mandate of PESA.
    • Ten states — Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, and Telangana — have notified Fifth Schedule areas that cover partially or fully several districts in each of these states.
    • After the PESA Act was enacted, the central Ministry of Panchayati Raj circulated model PESA Rules.
    • So far, six states have notified these Rules, including Gujarat.

    What is the issue in Gujarat?

    • Gujarat notified the State PESA Rules in January 2017, and made them applicable in 4,503 gram sabhas under 2,584 village panchayats in 50 tribal talukas in eight districts of the state.
    • The provisions of the law deem the Gram Sabhas as “most competent”.
    • However, the Act has not been enforced in letter and spirit.
    • The Act lays down that the state must conduct elections in such a way that the tribal representation is to be dominant in the Gram Sabha Committees.
    • Yet again, there has been no attempt to proportionally increase the representation.

    Try this PYQ:

    Q.The Government enacted the Panchayat Extension to Scheduled Areas (PESA) Act in 1996. Which one of the following is not identified as its objective?

    (a) To provide self-governance

    (b) To recognize traditional rights

    (c) To create autonomous regions in tribal areas

    (d) To free tribal people from exploitation

     

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  • Working of the Supreme Court Collegium

    Why in news?

    • The Ramana Collegium has been particularly successful.
    • Meeting frequently and working quickly, they took the perennial problem of judicial vacancies by its horns and turned it around.

    Success of Ramana Collegium

    • The collegium was able to recommend numerous judicial appointments and scripted history by getting nine Supreme Court judges appointed in one go.
    • Of the nine, Justice B.V. Nagarathna, is in line to be the first woman CJI in 2027.

    What exactly is the Collegium System?

    • The collegium system was born out of years of friction between the judiciary and the executive.
    • The hostility was further accentuated by instances of court-packing (the practice of changing the composition of judges in a court), mass transfer of HC judges and two supersessions to the office of the CJI in the 1970s.
    • The Three Judges cases saw the evolution of the collegium system.

    Evolution: The Judges Cases

    • First Judges Case (1981) ruled that the “consultation” with the CJI in the matter of appointments must be full and effective.
    • However, it rejected the idea that the CJI’s opinion, albeit carrying great weight, should have primacy.
    • Second Judges Case (1993) introduced the Collegium system, holding that “consultation” really meant “concurrence”.
    • It added that it was not the CJI’s individual opinion, but an institutional opinion formed in consultation with the two senior-most judges in the Supreme Court.
    • Third Judges Case (1998): On a Presidential Reference for its opinion, the Supreme Court, in the Third Judges Case (1998) expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues.

    How does the collegium system work?

    • The collegium of the CJI and four senior-most judges of the Supreme Court make recommendations for appointments to the apex court and High Courts.
    • The collegium can veto the government if the names are sent back by the latter for reconsideration.
    • The basic tenet behind the collegium system is that the judiciary should have primacy over the government in matters of appointments and transfers in order to remain independent.

    The procedure followed by the Collegium

    Appointment of CJI

    • The President of India appoints the CJI and the other SC judges.
    • As far as the CJI is concerned, the outgoing CJI recommends his successor.
    • In practice, it has been strictly by seniority ever since the supersession controversy of the 1970s.
    • The Union Law Minister forwards the recommendation to the PM who, in turn, advises the President.

    Other SC Judges

    • For other judges of the top court, the proposal is initiated by the CJI.
    • The CJI consults the rest of the Collegium members, as well as the senior-most judge of the court hailing from the High Court to which the recommended person belongs.
    • The consultees must record their opinions in writing and it should form part of the file.
    • The Collegium sends the recommendation to the Law Minister, who forwards it to the Prime Minister to advise the President.

    For High Courts

    • The CJs of High Courts are appointed as per the policy of having Chief Justices from outside the respective States. The Collegium takes the call on the elevation.
    • High Court judges are recommended by a Collegium comprising the CJI and two senior-most judges.
    • The proposal, however, is initiated by the Chief Justice of the High Court concerned in consultation with two senior-most colleagues.
    • The recommendation is sent to the Chief Minister, who advises the Governor to send the proposal to the Union Law Minister.

    Does the Collegium recommend transfers too?

    • Yes, the Collegium also recommends the transfer of Chief Justices and other judges.
    • Article 222 of the Constitution provides for the transfer of a judge from one High Court to another.
    • When a CJ is transferred, a replacement must also be simultaneously found for the High Court concerned. There can be an acting CJ in a High Court for not more than a month.
    • In matters of transfers, the opinion of the CJI “is determinative”, and the consent of the judge concerned is not required.
    • However, the CJI should take into account the views of the CJ of the High Court concerned and the views of one or more SC judges who are in a position to do so.
    • All transfers must be made in the public interest, that is, “for the betterment of the administration of justice”.

    Loopholes in the Collegium system

    • Lack of Transparency: Opaqueness and a lack of transparency, and the scope for nepotism are cited often.
    • Judges appointing Judge: The attempt made to replace it with a ‘National Judicial Appointments Commission’ was struck down by the court in 2015 on the ground that it posed a threat to the independence of the judiciary.
    • Criteria: Some do not believe in full disclosure of reasons for transfers, as it may make lawyers in the destination court chary of the transferred judge. It has even been accused of nepotism.

    Way ahead

    • In respect of appointments, there has been an acknowledgment that the “zone of consideration” must be expanded to avoid criticism that many appointees hail from families of retired judges.
    • The status of a proposed new memorandum of procedure, to infuse greater accountability, is also unclear.
    • Even the majority opinions admitted the need for transparency, now Collegiums’ resolutions are now posted online, but reasons are not given.

    Back2Basics:

     

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  • Manipur House gives nod to National Register of Citizens (NRC)

     

    Bowing to demands from tribal groups, the Manipur Assembly has resolved to implement the National Register of Citizens (NRC) and establish a State Population Commission (SPC).

    To date, Assam is the only northeastern State to have implemented the NRC.

    What is National Register of Citizens (NRC)?

    • The National Register of Citizens (NRC) is a register of all Indian citizens whose creation is mandated by the 2003 amendment of the Citizenship Act, 1955.
    • The register was first prepared after the 1951 Census of India.
    • Its purpose is to document all the legal citizens of India so that the illegal immigrants can be identified and deported.
    • It has been implemented for the state of Assam starting in 2013–2014.
    • The GoI announced plans to implement it for the rest of the country in 2021, but it has not yet been implemented.

    NRC and Assam

    • Assam, being a border state with unique problems of illegal immigration, had a register of citizens created for it in 1951 based on the 1951 census data.
    • However, it was not maintained afterwards.
    • For decades, the presence of migrants, often called “bahiragat” or outsiders, has been a loaded issue here.
    • The Illegal Migrants (Determination by Tribunal) Act, 1983 was then passed by the Parliament, creating a separate tribunal process for identifying illegal migrants in Assam.
    • The Supreme Court struck it down as unconstitutional in 2005, after which the Centre agreed to update the Assam NRC.

    Who is a Foreigner in Assam?

    • The National Register of Citizens now takes its definition of illegal immigrants from the Assam Accord – anyone who cannot prove that they or their ancestors entered the country before the midnight of March 24, 1971, would be declared a foreigner and face deportation.
    • Those who entered on or after March 25, 1971, the eve of the Bangladesh War, would be declared foreigners and deported.
    • This means you could be born in India in 1971 to parents who crossed the border in that year, and still be termed an illegal immigrant at the age of 48.

    CAA and NRC protests

    • These were a series of protests in India against the Citizenship (Amendment) Act, 2019 which was enacted into law on December 12, 2019, and against the nationwide implementation of the NRC.
    • Protesters in all regions are concerned that the upcoming compilation of the National Register of Citizens might be used to deprive a community of its Indian citizenship.

    Back2Basics: National Population Register (NPR)

    • The NPR is a database containing a list of all usual residents of the country.
    • Its objective is to have a comprehensive identity database of people residing in the country.
    • It is generated through house-to-house enumeration during the “house-listing” phase of the census, which is held once in 10 years.
    • A usual resident for the purposes of NPR is a person who has resided in a place for six months or more, and intends to reside there for another six months or more.
    • Once the basic details of the head of the family are taken by the enumerator, an acknowledgement slip will be issued. This slip may be required for enrolment in NPR, whenever that process begins.
    • And, once the details are recorded in every local (village or ward), sub-district (tehsil or taluk), district and State level, there will be a population register at each of these levels.
    • Together, they constitute the National Population Register.

     

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  • Jagdeep Dhankhar is new Vice-President

    National Democratic Alliance candidate and former West Bengal Governor Jagdeep Dhankhar will be the 14th Vice-President of the country.

    About Vice President of India

    • The VP is the deputy to the head of state of the Republic of India, the President of India.
    • His/her office is the second-highest constitutional office after the president and ranks second in the order of precedence and first in the line of succession to the presidency.

    Qualifications

    • As in the case of the president, to be qualified to be elected as vice president, a person must:
    1. Be a citizen of India
    2. Be at least 35 years of age
    3. Not hold any office of profit
    • Unlike in the case of the president, where a person must be qualified for election as a member of the Lok Sabha, the vice president must be qualified for election as a member of the Rajya Sabha.
    • This difference is because the vice president is to act as the ex officio Chairman of the Rajya Sabha.

    Roles and responsibilities

    • When a bill is introduced in the Rajya Sabha, the vice president decides whether it is a money bill or not.
    • If he is of the opinion that a bill introduced in the Rajya Sabha is a money bill, he shall refer it to the Speaker of the Lok Sabha.
    • The vice president also acts as the chancellor of the central universities of India.

    Election procedure

    • Article 66 of the Constitution of India states the manner of election of the vice president.
    • The vice president is elected indirectly by members of an electoral college consisting of the members of both Houses of Parliament and NOT the members of state legislative assembly.
    • The election is held as per the system of proportional representation using single transferable votes.
    • The voting is conducted by Election Commission of India via secret ballot.
    • The Electoral College for the poll will comprise 233 Rajya Sabha members, 12 nominated Rajya Sabha members and 543 Lok Sabha members.
    • The Lok Sabha Secretary-General would be appointed the Returning Officer.
    • Political parties CANNOT issue any whip to their MPs in the matter of voting in the Vice-Presidential election.

    Removal

    • The Constitution states that the vice president can be removed by a resolution of the Rajya Sabha passed by an Effective majority (majority of all the then members) and agreed by the Lok Sabha with a simple majority( Article 67(b)).
    • But no such resolution may be moved unless at least 14 days’ notice in advance has been given.
    • Notably, the Constitution does not list grounds for removal.
    • No Vice President has ever faced removal or the deputy chairman in the Rajya Sabha cannot be challenged in any court of law per Article 122.

     

     

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  • SC moots verdict for ‘Bodily Autonomy’

    The Supreme Court has said it may loosen the restrictive grip of a 51-year-old abortion law that bars unmarried women from terminating pregnancies up to 24 weeks old.

    What is the news?

    • The Medical Termination of Pregnancy Act of 1971 and its Rules of 2003 prohibit unmarried women who are between 20 weeks and 24 weeks pregnant to abort with the help of registered medical practitioners.

    What did the Court say now?

    • In a very significant move, the court said that the prohibition was manifestly arbitrary and violative of women’s right to bodily autonomy and dignity.
    • The danger to life is as much in the case of an unmarried woman as in the case of a married woman said Justice Chandrachud.
    • The danger of suffering a mental breakdown is much more prominent for unmarried women, said the court.

    Earlier observations

    • A woman’s right to reproductive choice is an inseparable part of her personal liberty under Article 21 of the Constitution.
    • She has a sacrosanct right to bodily integrity, the court quoted from precedents.
    • The court said forcing a woman to continue with her pregnancy would not only be a violation of her bodily integrity but also aggravate her mental trauma.

    Indispensable clause of safety

    • The court ordered a medical board to be formed by the AIIMS to check whether it was safe to conduct an abortion on the woman and submit a report in a week.

    What is the case?

    • A Bench led by Justice D.Y. Chandrachud was hearing the appeal of a woman who wanted to abort her 24-week pregnancy after her relationship failed and her partner left her.
    • The lower court had taken an “unduly restrictive view” that her plea for a safe abortion was not covered under the Medical Termination of Pregnancy Act.
    • This was since the pregnancy arose from a consensual relationship outside wedlock.

    What was the last amendment?

    • The court noted that an amendment to the Act in 2021 had substituted the term ‘husband’ with ‘partner’, a clear signal that the law covered unmarried women within its ambit.

    Reiterating the live-in recognition

    • Chastising the lower court, the Bench said live-in relationships had already been recognized by the Supreme Court.
    • There were a significant number of people in the social mainstream who see no wrong in engaging in pre-marital sex.
    • The law could not be used to quench “notions of social morality” and unduly interfere in their personal autonomy and bodily integrity.

    Back2Basics: Medical Termination of Pregnancy (MTP) Act

    • Abortion in India has been a legal right under various circumstances for the last 50 years since the introduction of the Medical Termination of Pregnancy (MTP) Act in 1971.
    • The Act was amended in 2003 to enable women’s access to safe and legal abortion services.
    • Abortion is covered 100% by the government’s public national health insurance funds, Ayushman Bharat and Employees’ State Insurance with the package rate for surgical abortion.

    The idea of terminating your pregnancy cannot originate by choice and is purely circumstantial. There are four situations under which a legal abortion is performed:

    1. If continuation of the pregnancy poses any risks to the life of the mother or mental health
    2. If the foetus has any severe abnormalities
    3. If pregnancy occurred as a result of failure of contraception (but this is only applicable to married women)
    4. If pregnancy is a result of sexual assault or rape

    These are the key changes that the Medical Termination of Pregnancy (Amendment) Act, 2021, has brought in:

    1. The gestation limit for abortions has been raised from the earlier ceiling of 20 weeks to 24 weeks, but only for special categories of pregnant women such as rape or incest survivors. But this termination would need the approval of two registered doctors.
    2. All pregnancies up to 20 weeks require one doctor’s approval. The earlier law, the MTP Act 1971, required one doctor’s approval for pregnancies upto 12 weeks and two doctors’ for pregnancies between 12 and 20 weeks.
    3. Women can now terminate unwanted pregnancies caused by contraceptive failure, regardless of their marital status. Earlier the law specified that only a “married woman and her husband” could do this.
    4. There is also no upper gestation limit for abortion in case of foetal disability if so decided by a medical board of specialist doctors, which state governments and union territories’ administrations would set up.

     

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