💥Join UPSC 2027,2028 Mentorship (August Batch) + XFactor Notes & Microthemes PDF
Talk to Mentor

Civilsdaily

Login

Subject: Polity

  • What laws govern tapping a phone; what are the checks in place?

    A lady IPS officer is facing an FIR in Mumbai for allegedly tapping the phones of a Rajya Sabha MP in Maharashtra.

    How are phones tapped in India?

    • In the era of fixed-line phones, mechanical exchanges would link circuits together to route the audio signal from the call.
    • When exchanges went digital, tapping was done through a computer.
    • Today, when most conversations happen through mobile phones, authorities make a request to the service provider.
    • The service provider is bound by law to record the conversations on the given number and provide these in real time through a connected computer.

    Who can tap phones?

    • The State Police have the powers to tap phones.
    • Ten Central agencies are authorised to do so: Intelligence Bureau, CBI, Enforcement Directorate, Narcotics Control Bureau, Central Board of Direct Taxes, Directorate of Revenue Intelligence, National Investigation Agency, R&AW, Directorate of Signal Intelligence, and the Delhi Police Commissioner.
    • Tapping by any other agency would be considered illegal.

    What laws govern this?

    • Phone tapping in India is governed by The Indian Telegraph Act, 1885.
    • Section 5(2) says that “on the occurrence of any public emergency, or in the interest of the public safety”, phone tapping can be done by the Centre or states.
    • It can be done in the interest of “public safety”, “sovereignty and integrity of India, the security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of an offence”.
    • There is an exception for the press: “press messages intended to be published in India of correspondents accredited to the Central Government or a State Government shall not be intercepted or detained, unless their transmission has been prohibited under this sub-section”.
    • The competent authority must record reasons for tapping in writing.

    Who authorises phone tapping?

    • Rule 419A of the Indian Telegraph (Amendment) Rules, 2007, says phone tapping orders “shall not be issued except by an order made by the Secretary to the GoI in the Ministry of Home Affairs.
    • It can be authorised by the Secretary to the State Government in-charge of the Home Department in the case of a State Government.
    • The order has to be conveyed to the service provider in writing; only then can the tapping begin.

    What happens in an emergency?

    • In unavoidable circumstances, such an order may be issued by an officer, not below the rank of a Joint Secretary to the GoI, who has been authorised by the Union Home Secretary, or the State Home Secretary.
    • In remote areas or for operational reasons, if it is not feasible to get prior directions, a call can be intercepted with the prior approval of the head or the second senior-most officer of the authorised law enforcement agency at the central level, and by authorised officers, not below the rank of Inspector General of Police, at the state level.
    • The order has to be communicated within three days to the competent authority, who has to approve or disapprove it within seven working days.
    • If the confirmation from the competent authority is not received within the stipulated seven days, such interception shall cease.
    • For example, during the 26/11 attacks in Mumbai, the authorities had no time to follow the complete procedure, and so a mail was sent to the service provider by the Intelligence Bureau.

    What are the checks against misuse?

    • The law is clear that interception must be ordered only if there is no other way of getting the information.
    • The directions for interception remain in force, unless revoked earlier, for a period not exceeding 60 days.
    • They may be renewed, but not beyond a total of 180 days.
    • Any order issued by the competent authority has to contain reasons, and a copy is to be forwarded to a review committee within seven working days.
    • At the Centre, the committee is headed by the Cabinet Secretary with the Law and Telecom Secretaries as members.
    • In states, it is headed by the Chief Secretary with the Law and Home Secretaries as members.
    • The committee is expected to meet at least once in two months to review all interception requests.

    What if misuse occurs?

    • When the Review Committee is of the opinion that the directions are not in accordance with the provisions referred to above it may set aside the directions.
    • It may order for destruction of the copies of the intercepted message or class of messages.
    • Under the rules, records pertaining to such directions shall be destroyed every six months unless these are, or are likely to be, required for functional requirements.
    • Service providers too are required to destroy records pertaining to directions for interception within two months of discontinuance of the interception.

    Is the process transparent?

    • There are multiple provisions aimed at keeping the process transparent.
    • Directions for interception are to specify the name and designation of the officer or the authority to whom the intercepted call is to be disclosed.
    • The directions have to be conveyed to designated officers of the service providers in writing by an officer not below the rank of SP or Additional SP or equivalent.
    • The officer is expected to maintain records with details of the intercepted call.
    • The designated nodal officers of the service providers are supposed to issue acknowledgment letters to the security/law enforcement agency within two hours on receipt of an intimation.
    • They are to forward every 15 days a list of interception authorisations received to the nodal officers of the security and law enforcement agencies for confirmation of authenticity.
    • It makes the service providers responsible for actions of their employees.
    • In case of unauthorised interception, the service provider may be fined or even lose its licence.

     

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • Postal ballot for NRIs being contemplated

    Chief Election Commissioner, during a recent visit to South Africa and Mauritius, urged Non-Resident Indians (NRIs) to register as overseas electors and told them that a proposal on postal ballots for NRIs was being contemplated by the Election Commission of India.

    Why in news now?

    • CECs interactions with NRIs came after Union Law Minister informed the Lok Sabha in March that the government was exploring the possibility of allowing online voting for NRIs.
    • The ECI had written to the Law Ministry in 2020 proposing that NRIs be allowed to vote through postal ballots, following which the matter has been under consideration by the government.
    • The ECI at present allows NRIs to register as overseas electors as long as they have not acquired the citizenship of another country.
    • They have to reach their respective polling booths to cast their votes in person on voting day.

    Classification of Overseas Indians

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

    (A) Non-Resident Indian (NRI)

    • Strictly asserting non-resident refers only to the tax status of a person who, as per section 6 of the Income-tax Act of 1961, has not resided in India for a specified period for the purposes of the Act.
    • The rates of income tax are different for persons who are “resident in India” and for NRIs.

    (B) Person of Indian Origin (PIO)

    Person of Indian Origin (PIO) means a foreign citizen (except a national of Pakistan, Afghanistan, Bangladesh, China, Iran, Bhutan, Sri Lanka and/or Nepal), who:

    • at any time held an Indian passport OR
    • either of their parents/grandparents/great-grandparents were born and permanently resident in India as defined in GoI Act, 1935 and other territories that became part of India thereafter provided neither was at any time a citizen of any of the aforesaid countries OR
    • is a spouse of a citizen of India or a PIO.

    (C) Overseas Citizenship of India (OCI)

    • After multiple efforts by leaders across the Indian political spectrum, a pseudo-citizenship scheme was established, the “Overseas Citizenship of India”, commonly referred to as the OCI card.
    • The Constitution of India does not permit full dual citizenship.
    • The OCI card is effectively a long-term visa, with restrictions on voting rights and government jobs.

     

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • The Delhi MCA Act and the spirit of federalism

    Context

    Recently, both Houses of Parliament passed the Delhi Municipal Corporation (Amendment) Act, 2022, to unify the trifurcated Delhi Municipal Corporations.

    Background of the trifurcation

    • The split-up was first proposed in the 1987 Balakrishnan Committee Report which was bolstered in the 2001 Virendra Prakash Committee Report.
    • The proposal finally took shape in 2011 and the law to trifurcate was enacted.
    • A seven-member Delhi Legislative Assembly Panel was set up in 2001 to study the recommendations and suggest modalities.
    • Trifurcation in 2011: The proposal finally took shape in 2011 and the law to trifurcate was enacted.

    Changes introduced by the amendment

    • The law provides that the power to determine the number of wards, extent of each ward, reservation of seats, number of seats of the Corporation, etc. will now be vested in the Central government. 
    • The number of seats of councillors in the Municipal Corporations of Delhi is also to be decided now by the Central government.
    • By exercising that very power, the number of councillors to the Municipal Corporations of Delhi has been reduced from 272 to 250.
    • The Central government has also taken over powers from the State to decide on matters such as ‘salary and allowances, leave of absence of the Commissioner, the sanctioning of consolidation of loans by a corporation, and sanctioning suits for compensation against the Commissioner for the loss or waste or misapplication of municipal fund or property

    Issues with the changes made

    • The Central government’s line is that the amendment has been passed as in Article 239AA of the Constitution, which is a provision that provides for special status to Delhi.
    • No consultation with Delhi govt.-The large-scale changes by the Central government has been done without any consultation with the Delhi government.
    • Not in line with  Part IXA of the Constitution:  Part IXA specifically states that it will be the Legislature of the State that will be empowered to make laws concerning representation to the municipalities.
    • Part IXA is a specific law while Article 239AA is general law: The argument of the Centre that Article 239AA can be applied over and above Part IXA of the Constitution does not hold good as the latter is a specific law that will override the general law relatable to Article 239AA.
    • Against the federalism: In State of NCT of Delhi vs Union of India judgment the Supreme Court held, “The Constitution has mandated a federal balance wherein independence of a certain required degree is assured to the State Governments.”
    • It was made clear that the aid and the advice of the State government of Delhi would bind the decision of the Lieutenant General in matters where the State government has the power to legislate.
    • No doubt, the amendment to the Delhi Municipal Corporation Act, 1957 will lead to further litigation on the aspect of a sharing of powers between the State of NCT of Delhi and the Central government.

    Conclusion

    The interference of the Centre in matters such as municipal issues strikes a blow against federalism and the celebrated Indian model of decentralisation.

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • Towards a peaceful, stable Northeast

    Context

    Progress in settling border disputes, removal of AFSPA herald positive changes in the region.

    Significant development for restoring normalcy in the region

    • Efforts to address the issues of the Northeast have been moving according to a strategic plan which is premised on three objectives —
    • 1] Ending all disputes.
    • 2] Ushering in economic progress and taking the region’s contribution to GDP back to its pre-Independence levels,
    • 3] making efforts to maintain and preserve the region’s languages, dialects, dance, music, food, and culture and make it attractive for the whole country.
    • In this regard, two recent developments are significant:
    • On March 29, the Assam and Meghalaya chief ministers signed an agreement to resolve the five-decade-old border dispute.
    • The Union home ministry (MHA) decided to reduce the disturbed areas under the Armed Forces (Special Powers) Act (AFSPA) in Assam, Nagaland and Manipur after decades.

    Progress on the border disputes

    • As part of the strategy, existing issues of both interstate border disputes and insurgency have been closely studied and negotiated and a few agreements have been signed.
    • Assam, with the maximum border disputes in the region, got into a proactive border dialogue.
    • The dialogues on the state’s border disputes with Meghalaya, Arunachal Pradesh, Nagaland and Mizoram are continuing at a steady pace.
    • After the violent flare-ups witnessed last year at the Assam-Mizoram border, today there are regular engagements to maintain peace and work out a permanent solution.
    • The model of Assam’s engagement with Meghalaya, is a good one to emulate — the two chief ministers, after two rounds of talks in August last year, constituted three committees each under cabinet ministers in their states to go into the complex boundary issues.

    Significance of notification on AFSPA

    • Peace has been witnessed in most places across Assam, and even in Nagaland and Manipur talks with various groups for a permanent solution had resulted in a cessation of violence.
    • The NLFT Tripura Agreement (August 2019), the Bru Agreement (January 2020), the Bodo Peace Accord (January 2020) and the Karbi Anglong Agreement (September 2021) have actually resulted in about 7,000 militants surrendering their arms.
    • Removal of DAN: So the demand for the removal of the disturbed areas notification (DAN) was very much justified.
    • DAN has been in force in the whole of Assam since 1990, in all of Manipur (except the Imphal Municipality area) since 2004 and in the whole of Nagaland since 1995.
    • With the removal of the DAN tag, AFSPA has been removed with effect from April 1 this year completely from 23 districts and partially from one district of Assam, from 15 police station areas of six districts of Manipur and from 15 police station areas in seven districts in Nagaland.
    •  DAN is currently applicable in only three districts and in two police station areas in one other district of Arunachal Pradesh.
    • AFSPA was completely removed from Tripura in 2015 and Meghalaya in 2018, respectively.

    Conclusion

    The efforts by the Union government to make the northeastern region the main pillar of the Act East policy have been useful in bringing a sense of political stability that is very crucial for optimal economic development and capacity enhancement in the region.

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • Election Freebies and Related Issues

    India could end up facing a Sri Lanka-type economic crisis if it doesn’t stop the “culture of freebies” and subsidies in sectors like agriculture, NITI Aayog member Ramesh Chand has warned.

    What is a Freebie?

    • The term Freebies is not new; rather it is a prevalent culture in Indian politics (in the name of socialism).
    • The political parties are always trying to outdo each other in luring the Indian voters with assorted freebies.
    • From free water to free smartphones the Indian politicians promise everything to attract prospective voters in favour.
    • This trend has gained more momentum in the recent times with the political parties being innovative in their offerings as the ‘traditional free water and electricity’ is no longer sufficient as election goodies.

    Examples of freebies

    1. Promise of Rs 15 lakh in our bank accounts
    2. Free TV, Laptops
    3. Free electricity
    4. Loan waivers
    5. Offering free public transport ride to all women in Delhi

    Why are such policies popular among the public?

    • Failure of economic policies: The answer lies in the utter failure of our economic policies to create decent livelihood for a vast majority of Indians.
    • Quest for decent livelihood: The already low income had to be reoriented towards spending a disproportionately higher amount on education and health, from which, the state increasingly withdrew.
    • Prevailing unemployment:  Employment surveys have shown that employment growth initially slowed down from the 1990s, and then has turned negative over the past few years.
    • Increased cost of living: Real income growth of the marginal sections has actually slowed down since 1991 reforms.
    • Increased consumerism: The poor today also spend on things which appear to be luxuries; cellphones and data-packs are two such examples which are shown as signs of India’s increased affluence.
    • Necessity: For migrant workers, the mobile phone helps them keep in touch with their families back home, or do a quick video-call to see how their infant is learning to sit up or crawl.

    Can Freebies be compared with Welfare Politics?

    • These freebies are not bad. It is a part of social welfare.
    • Using freebies to lure voters is not good.
    • Voter’s greediness may lead to a problem in choosing a good leader.
    • When we don’t have a good leader then democracy will be a mockery.

    Impact of such policies

    • Never ending trail: The continuity of freebies is another major disadvantage as parties keep on coming up with lucrative offers to lure more number of votes to minimize the risk of losing in the elections.
    • Burden on exchequer: People forget that such benefits are been given at the cost of exchequer and from the tax paid.
    • Ultimate loss of poors: The politicians and middlemen wipe away the benefits and the poor have to suffer as they are deprived from their share of benefits which was to be achieved out of the money.
    • Inflationary practice: Such distribution freebie commodity largely disrupts demand-supply dynamics.
    • Lethargy in population: Freebies actually have the tendency to turn the nation’s population into: Lethargy and devoid of entrepreneurship.
    • Money becomes only remedy: Everyone at the slightest sign of distress starts demanding some kind of freebies from the Govt.
    • Popular politics: This is psychology driving sections of the population expecting and the government promptly responds with immediate monetary relief or compensation.

    What cannot be accounted to a freebie?

    • MGNREGA scheme (rural employment guarantee scheme)
    • Right to Education (RTE)
    • Food Security through fair price shops ( under National Food Security Act)
    • Prime Minister Kisan Samman Yojana (PM-KISAN)

    Arguments in favour

    • Social investment: Aid to the poor is seen as a wasteful expenditure. But low interest rates for corporates to get cheap loans or the ‘sop’ of cutting corporate taxes are never criticized.
    • Socialistic policy: This attitude comes from decades of operating within the dominant discourse of market capitalism.
    • Election manifesto: Proponents of such policies would argue that poll promises are essential for voters to know what the party would do if it comes to power and have the chance to weigh options.
    • Welfare: Economists opine that as long as any State has the capacity and ability to finance freebies then its fine; if not then freebies are the burden on economy.
    • Other wasteful expenditure: When the Centre gives incentives like free land to big companies and announce multi-year tax holidays, questions are not asked as to where the money will come from.

    A rational analysis of freebies

    • Winning election and good governance are two different things. The role of freebies to avail good governance is definitely questionable.
    • The social, political and economic consequences of freebies are very short-lived in nature.
    • There are many freebies and subsidies schemes available in many States but we still find starvation deaths, lack of electricity, poor education and health service.
    • Hence the sorrow of the masses of India cannot be solved by freebies or by incentives.

    So are not freebies meant only to attract voters and swing voters by concentrating on a preferential group or community?

    Way forward

    • It can be agreed that a democracy requires popular support for its rule to continue. The sops and freebies to the poor buy it the requisite votes.
    • But the democratic process of election and election promises should be clear. It should not control voters thought.
    • What some people term as ‘populism’ actually constitutes what real economics should be.
    • If you deprive people of what they really need, you will have to throw allurements at them.
    • This can only be stopped if political masters try to follow what economist EA Schumacher had conveyed through his seminal work Small is beautiful – “Treat economics as if people matter.”

    Conclusion

    • There is nothing wrong in having a policy-led elaborate social security programme that seeks to help the poor get out of poverty.
    • But such a programme needs well thought out preparation and cannot be conjured up just before an election.

     

     

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • What is Collegium System?

    What is Collegium System?

    • The Collegium of judges is the Indian Supreme Court’s invention.
    • It does not figure in the Constitution, which says judges of the Supreme Court and High Courts are appointed by the President and speaks of a process of consultation.
    • In effect, it is a system under which judges are appointed by an institution comprising judges.
    • After some judges were superseded in the appointment of the CJI in the 1970s, and attempts made subsequently to effect a mass transfer of High Court judges across the country.
    • Hence there was a perception that the independence of the judiciary was under threat. This resulted in a series of cases over the years.

    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.

    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.

    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 of opinions admitted the need for transparency, now Collegiums’ resolutions are now posted online, but reasons are not given.

     

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • Retirement spree in SC may affect efforts to scale down pendency

    The retirements in the topmost rung of the judiciary in 2022 will encompass changes in the powerful Supreme Court Collegium and see two new Chief Justices in a span of months.

    Why in news?

    • The retirements come at a time when the court is in the process of steadying itself after particularly brutal waves of the pandemic.

    Pendency in Supreme Court

    • The Supreme Court’s statistics show that 70,362 cases are pending with it as on April 1, 2022.
    • Over 19% of them are not ready to be placed before a Bench for judicial hearing as they have not completed the required preliminaries.
    • While 52,110 are admission matters, 18,522 are regular hearing cases.
    • The number of Constitution Bench cases (both main and connected matters) totals 422.

    General scenario: Pendency of Cases

    • India’s legal system has the largest backlog of pending cases in the world – as many as 30 million pending cases.
    • This number is continuously increasing and this itself shows the inadequacy of the legal system.
    • And also due to this backlog, most of the prisoners in India’s prisons are detainees awaiting trial.

    Factors leading to under-performance of Indian Judiciary

    • The issue of heavy arrears pending in the various courts of the country has been a matter of concern since the time of independence.
    • The primary factors contributing to docket explosion and arrears as highlighted by Justice Malimath Committee report are as follows:
    1. Population explosion
    2. Litigation explosion
    3. Hasty and imperfect drafting of legislation
    4. Plurality and accumulation of appeals (Multiple appeals for the same issue)
    5. Inadequacy of judge strength
    6. Failure to provide adequate forums of appeal against quasi-judicial orders
    7. Lack of priority for disposal of old cases (due to the improper constitution of benches)
    8. Issue of appointment in Quasi-Judicial Bodies

    Way ahead

    • For pendency, time limits should be prescribed for all cases based on priorities.
    • So setting time standards is essential and it will vary for different cases, and also for different courts depending on their disposal capacity.
    • Alternative disputes resolution (ADR) mechanisms should be promoted for out-of-court settlements.

     

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • Language sensitivity and provisions in Constitution

    Context

    Language sensitivity has been a feature of selfhood in the case of every Indian language.

     Sensitivity to language

    • From ancient times, a sensitivity to language difference has almost been the core of Dravidic self-hood.
    • A similar sensitivity existed among the speakers of Prakrits in ancient times.
    • It was in one of the Prakrits that Mahavir had presented his teachings in the sixth century BCE.
    • Eighteen centuries later, Acharya Hemachandra, a major Jain scholar, poet, mathematician and philosopher, produced his Desinamamala, a treatise on the importance of Prakrit words used in Gujarat of his times as against those from Sanskrit.
    • Mahatma Gandhi, who defined the idea of selfhood for India in Hind Swaraj (1909), chose to write this iconic book in Gujarati.

    Constitutional provision

    • The official language used for communication between the States shall be the language that has been in use at the time of adoption of the Constitution.
    • The move from English to Hindi can take place only if, ‘two or more states agree’ for the shift.
    • Article 344 (4) provides for a ‘Committee consisting of thirty members’, ‘twenty’ from the Parliament and ‘ten’ from State assemblies, for safeguarding language-related provisions.

    The distribution between two ministries

    • The functions and the scope of the committee, as laid down by the Constitution, are further clarified by the practice of distribution of language as a subject between two Ministries, the Human Resource Development (HRD) Ministry and the Home Ministry.
    • The scope of the HRD Ministry extends to education and the promotion of cultural expression.
    • The Home Ministry’s scope extends to safeguarding relations of the States with the ‘union’, protecting the linguistic rights of language minorities and the promotion of Hindi.
    • The last of these, the Constitution states, has to be ‘without interference with other languages.

    Data on language decline

    • In 2011, Hindi speakers accounted for 43.63% of the total population, with a total of 52.83 crore speakers.
    • In 1971, the number was 20.27 crore, accounting for 36.99% of the total population.
    • Between 2001 and 2011, the growth in proportion of the population was 2.6%.
    • The next most spoken language, Bangla, had negative growth.
    • It was spoken by 8.30% of Indians in 1991, 8.11% in 2001 and by 8.03% in 2011.
    • Telugu, which slid from 7.87% in 1991, to 7.19% in 2001 and 6.70% in 2011, has a similar story to tell.
    • Tamil recorded 6.32% of the total population in 1991, 5.91% in 2001 and 5.70% in 2011.
    • The only major language to show decadal growth (though small) was Gujarati.
    • And the only small yet scheduled language to show good growth was Sanskrit.

    Reasons for Hindi’s growth

    • The 52.83 crore speakers of Hindi (as recorded in 2011) included not just the speaker of ‘Hindi’ but also those of more than 50 other languages.
    • Bhojpuri and most languages of Himachal Pradesh, Uttarakhand, Chhattisgarh, Rajasthan and Jharkhand have also been pushed into the Hindi package.
    • Had the Census not included these other languages under Hindi, the strength of Hindi speakers would have gone down to about 39 crore, — just a little under 32% of the total population in 2011 — and would have looked not too different from those of other scheduled languages.
    • The data for English speakers is far more truthful. Census 2011 reports a total of 3,88,793 Indians as English speakers (2,59,678 men and 1,29,115 women).

    Hindi in comparison to other languages in the Eighth schedule

    • Among the languages included in the Eighth Schedule, Hindi falls within the younger lot of languages.
    • On the other hand, Tamil, Kannada, Kashmiri, Marathi, Oriya, Sindhi, Nepali and Assamiya have a much longer/older history.
    •  As a language of knowledge too, Tamil, Kannada, Bangla and Marathi (with their abundance of encyclopaedias and historical literature), quite easily outshine Hindi.

    Conclusion

    A language evolves slowly and cannot be forced to grow by issuing ordinances.

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • Idea that judges appoint judges is wrong: CJI

    The impression that “judges appoint judges” in India is wrong. It is the government which “finally appoints the judges in the name of the President of India, the head of our state”, Chief Justice of India N.V. Ramana said in conversation with US Supreme Court judge.

    What did the CJI say??

    • There is an impression that in India judges appoint judges. It is a wrong impression.
    • The appointment is done through a lengthy consultative process known as collegium system. Many stakeholders are consulted.

    What is Collegium System?

    • The Collegium of judges is the Indian Supreme Court’s invention.
    • It does not figure in the Constitution, which says judges of the Supreme Court and High Courts are appointed by the President and speaks of a process of consultation.
    • In effect, it is a system under which judges are appointed by an institution comprising judges.
    • After some judges were superseded in the appointment of the CJI in the 1970s, and attempts made subsequently to effect a mass transfer of High Court judges across the country.
    • Hence there was a perception that the independence of the judiciary was under threat. This resulted in a series of cases over the years.

    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.

    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.

    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.

     

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)

  • Need for one common language

    Last week, Home Minister Amit Shah suggested that states should communicate with each other in Hindi rather than English, while stressing that Hindi should not be an alternative to local languages.

    This again sparked the debate of “Hindi imposition”.

    How widely is Hindi spoken in India?

    • The 2011 linguistic census accounts for 121 mother tongues, including 22 languages listed in the 8th Schedule of the Constitution.
    • Hindi is the most widely spoken, with 52.8 crore individuals, or 43.6% of the population, declaring it as their mother tongue.
    • The next highest is Bengali, mother tongue for 97 lakh (8%) — less than one-fifth of Hindi’s count (Chart 2).
    • In terms of the number of people who know Hindi, the count crosses more than half the country.
    • Nearly 13.9 crore (over 11%) reported Hindi as their second language, which makes it either the mother tongue or second language for nearly 55% of the population.

    Has it always been this widespread?

    • Hindi has been India’s predominant mother tongue over the decades, its share in the population rising in every succeeding census.
    • In 1971, 37% Indians had reported Hindi as their mother tongue, a share that has grown over the next four censuses to 38.7%, 39.2%, 41% and 43.6% at last count (Chart 1).
    • This begs the question as to which mother tongues have declined as Hindi’s share has risen.
    • A number of mother tongues other than Hindi have faced a decline in terms of share, although the dip has been marginal in many cases.
    • For example, Bengali’s share in the population declined by just 0.14 percentage points from 1971 (8.17%) to 2011 (8.03%).
    • In comparison, Malayalam (1.12 percentage points) and Urdu (1.03 points) had higher declines among the mother tongues with at least 1 crore speakers in 2011.
    • Punjabi’s share, on the other hand, rose from 2.57% to 2.74%.
    • At the other end of the scale (among the 22 languages listed in the 8th Schedule of the Constitution) were Malayalam, whose numbers rose by under 59% in four decades, and Assamese, rising just over 71% (Chart 3).

    What explains Hindi’s high numbers?

    • One obvious explanation is that Hindi is the predominant language in some of India’s most populous states, including Uttar Pradesh, Madhya Pradesh and Bihar.
    • Another reason is that a number of languages are bracketed under Hindi by census enumerators.
    • In 2011, there were 1,383 mother tongues reported by people, and hundreds were knocked out.
    • These mother tongues were then grouped into languages.
    • You will find that under Hindi, they have listed nearly 65 mother tongues.
    • Among them is Bhojpuri, and 5 crore people have reported Bhojpuri as their mother tongue, but the census has decided that Bhojpuri is Hindi.
    • If one were to knock out the other languages merged with Hindi, the total figure goes down to 38 crore.

    And how widely is English spoken?

    • Although English, alongside Hindi, is one of the two official languages of the central government, it is not among the 22 languages in the 8th Schedule; it is one of the 99 non-scheduled languages.
    • In terms of mother tongue, India had just 2.6 lakh English speakers in 2011 — a tiny fraction of the 121 crore people counted in that census.
    • That does not reflect the extent to which English is spoken.
    • It was the second language of 8.3 crore respondents in 2011, second only to Hindi’s 13.9 crore.
    • If third language is added, then English was spoken — as mother tongue, second language or third language — by over 10% of the population in 2011, behind only Hindi’s 57%.
    • It is still not a scheduled language in India, when it should be.

    Where is English most prevalent?

    • As mother tongue, Maharashtra accounted for over 1 lakh of the 2.6 lakh English speakers.
    • As second language, English is preferred over Hindi in parts of the Northeast.
    • Among the 17.6 lakh with Manipuri (an 8th Schedule language) as their mother tongue in 2011, 4.8 lakh declared their second language as English, compared to 1.8 lakh for Hindi.
    • Among the non-scheduled languages spoken in the Northeast, Khasi, predominant in Meghalaya, was the mother tongue of 14.3 lakh, of whom 2.4 lakh declared their second language as English, and 54,000 as Hindi.
    • The trends were similar for Mizo, and for various languages spoken in Nagaland, including Ao, Angami and Rengma.
    • Beyond the Northeastern languages, among 68 lakh with Kashmiri as their mother tongue, 2.8 lakh declared their second language as English, compared to 2.2 lakh who declared Hindi.

    Back2Basics: Eighth Schedule to the Indian Constitution

    • The Eighth Schedule lists the official languages of the Republic of India.
    • At the time when the Constitution was enacted, inclusion in this list meant that the language was entitled to representation on the Official Languages Commission.
    • This language would be one of the bases that would be drawn upon to enrich Hindi and English, the official languages of the Union.
    • The list has since, however, acquired further significance.
    • In addition, a candidate appearing in an examination conducted for public service is entitled to use any of these languages as the medium in which he or she answers the paper.
    • As per Articles 344(1) and 351 of the Indian Constitution, the eighth schedule includes the recognition of the 22 languages.

    ‘Classical’ languages in India

    Currently, six languages enjoy the ‘Classical’ status: Tamil (declared in 2004), Sanskrit (2005), Kannada (2008), Telugu (2008), Malayalam (2013), and Odia (2014).

    How are they classified?

    According to information provided by the Ministry of Culture in the Rajya Sabha in February 2014, the guidelines for declaring a language as ‘Classical’ are:

    • High antiquity of its early texts/recorded history over a period of 1500-2000 years;
    • A body of ancient literature/texts, which is considered a valuable heritage by generations of speakers;
    • The literary tradition be original and not borrowed from another speech community;
    • The classical language and literature being distinct from modern, there may also be a discontinuity between the classical language and its later forms o

    UPSC 2022 countdown has begun! Get your personal guidance plan now! (Click here)