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Subject: Polity

  • In news: Two principles of Justice

    This newscard is an excerpt of the original article published in TH.

    Note: This article is of extreme theoretical nature. But it leaves scope for many vague questions for prelims as well as mains where most of us go clueless.

    Two principles of Justice

    • The concept, so-called, of “two principles of justice”, is synonymous with the name of John Rawls, a highly influential American liberal political philosopher of the last century.
    • The concept of two principles forms an encapsulation of the core principles of:
    • Freedom and equality embodied in the constitutions of any contemporary liberal democratic society
    • As such, they have acquired pre-eminence in a wide range of academic disciplines and in the arena of public policymaking.

    What are the two principles?

    • The first of Rawls’ two principles says that every citizen has the same claim to a scheme of equal basic liberties, which must also be compatible with those of every other citizen.
    • It enumerates an extensive list of basic civil and political rights, including a person’s freedom of conscience, expression and association; the right to a basic income; and the right to exercise the franchise.
    • Their resonance with the practical world of politics needs no emphasis; consider the chapter on fundamental rights in any constitution.
    • The second of Rawls’ two principles grapples with the underlying inequalities of social and economic institutions.

    How can these be reasonably justified to free and equal citizens?

    • In order to be morally defensible, the institutions must satisfy two conditions.
    1. First, they must guarantee fair equality of opportunities for competition to positions of public office and employment.
    2. Second, social and economic inequalities must be arranged in a manner that they work to the greatest benefit of the least advantaged members of society.
    • This latter postulate is Rawls’ famous “difference principle”.

    Significance of this principle

    • The political significance of Rawls’ two principles of justice obtains equally in the relative weight and primacy he assigns to their different components.
    • Between them, the first principle is accorded absolute priority over the second.
    • That is to say, the primacy of the equal basic liberties of citizens is non-negotiable in a democratic society.
    • The entitlement of each to the various liberties is as critical as they are universal and non-discriminatory.
    • Within the second principle, the first part takes precedence over the second.
    • In other words, public institutions could not appear legitimate in the eyes of citizens unless everybody could reasonably expect to enjoy the fruits of fair equality of opportunities.

     

    Try this question from CSP 2020:

    Q. One common agreement between Gandhism and Marxism is

    (a) The final goal of a stateless society

    (b) Class struggle

    (c) Abolition of private property

    (d) Economic determinism

     

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  • Unresolved constitutional cases

    Context

    As 2021 draws to a close, a look at the Supreme Court of India’s docket reveals a host of highly significant constitutional cases that were long-pending when the year began, and are now simply a year older without any sign of resolution around the corner.

    How delay in judicial process matters differently for the State and individual?

    • While the violation of rights — whether through executive or legislative action — is relatively costless for the state, it is the individual, or individuals, who pay the price.
    • Making the Constitution effective: Consequently, a Constitution is entirely ineffective if a rights-violating status quo is allowed to exist and perpetuate for months, or even years, before it is finally resolved.
    • This point, of course, is not limited to the violation of rights, but extends to all significant constitutional questions that arise in the course of controversial state action.
    • Missing the accountability: Issues around the federal structure, elections, and many others, all involve questions of power and accountability, and the longer that courts take to resolve such cases, the more we move from a realm of accountability to a realm of impunity.
    • The longer such cases are left hanging without a decision, the greater the damage that is inflicted upon our constitutional democracy’s commitment to the rule of law.

    Significant cases that are unresolved

    [a] Challenge to the dilution of Article 370

    • There is the constitutional challenge to the Presidential Orders of August 5, 2019, that effectively diluted Article 370 of the Indian Constitution, and bifurcated the State of Jammu and Kashmir into two Union Territories, controlled by the Centre.
    • It raises the question of whether the Centre can take advantage of an Article 356 situation in a State — a time when no elected government and Assembly is in existence — to make permanent and irreversible alterations in the very structure of the State itself.
    •  Implications for federal structure: The answer will have important ramifications not just for Jammu and Kashmir but for the entire federal structure:
    • India has a long history of the abuse of Article 356 to “get rid of” inconvenient State governments, and a further expansion of the power already enjoyed by the Centre will skew an already tilted federal scheme even further.
    • Power of the Parliament to alter convert State into UT: The case also raises the question of whether, under the Constitution, the Union Legislature has the authority not simply to alter State boundaries (a power granted to it by Article 3 of the Constitution), but degrade a State into a Union Territory.
    • If it turned out that the Union Legislature does have this power, it would essentially mean that India’s federal structure is entirely at the mercy of Parliament.

    [2] Constitutional challenge to the electoral bond scheme

    • Opaque and structurally biased: The electoral bonds scheme authorises limitless, anonymous corporate donations to political parties, making election funding both entirely opaque to the people, as well as being structurally biased towards the party that is in power at the Centre.
    • Impact on integrity and right of the citizens to informed vote: In numerous central and State election cycles in the last four years, thousands of crores of rupees have been spent in anonymous political donations, thus impacting not only the integrity of the election process but also the constitutional right of citizens to an informed vote.
    • However, other than two interim orders, the Supreme Court has refused to accord a full hearing to the constitutional challenge.

    [3] Other significant cases

    • Statutory basis of the CBI: As far back as 2013, the Gauhati High Court held that the Central Bureau of Investigation (CBI) was not established under any statutory authority.
    • This verdict was immediately stayed when it was appealed to the Supreme Court, but in the intervening years, it has never been heard.
    • Challenge to the CAA: More recently, constitutional challenges to the Citizenship (Amendment) Act (CAA), filed in the immediate aftermath of the legislation’s enactment, remain unheard.
    • Challenge to the UAPA: The challenges to the much-criticised Section 43(D)(5) of the Unlawful Activities (Prevention) Act, which makes the grant of bail effectively impossible, and is responsible for the years-long incarceration of several people.
    • The challenge to Section 43(D)(5) is perhaps the case that most directly affects civil rights, as the section continues to be applied on a regular basis.

    Implications of the delay

    • Favouring one party: The Supreme Court’s inaction is not neutral, but rather, favours the beneficiaries of the status quo.
    • In other words, by not deciding, the Court is in effect deciding — in favour of one party — but without a reasoned judgment that justifies its stance.
    • Impact on accountability: Judicial evasion of this kind is also damaging for the accountability of the judiciary itself.
    • The Court’s inaction plays as significant a role on the ground as does its action, there is no judgment — and no reasoning — that the public can engage with.
    • Impact on the rule of law: For obvious reasons, this too has a serious impact on the rule of law.

    Consider the question “What are the implications of the delay in deciding the constitutionally significant cases? Suggest the way forward.”

    Conclusion

    The current CJI has been on record stressing the importance of the rule of law and the independence of the judiciary. One way of demonstrating that in action might be to hear — and decide — the important constitutional cases pending before the Court.

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  • When can an individual get Statutory Bail?

    The National Investigation Agency (NIA) has approached the Supreme Court against a Bombay High Court order granting bail to an advocate and activist.

    What is the case?

    • In its bail order, the court has asked the NIA Court to decide the conditions for her release.
    • The activist was given ‘default bail’.
    • The case highlights the nuances involved in a court determining the circumstances in which statutory bail is granted or denied, even though it is generally considered “an indefeasible right”.

    What is default bail?

    • This is enshrined in Section 167(2) of the Code of Criminal Procedure.
    • Also known as statutory bail, this is a Right to Bail that accrues when the police fail to complete investigation within a specified period in respect of a person in judicial custody.
    • When it is not possible for the police to complete an investigation in 24 hours, the police produce the suspect in court and seek orders for either police or judicial custody.

    When is the Bail granted?

    • For most offences, the police have 60 days to complete the investigation and file a final report before the court.
    • However, where the offence attracts death sentence or life imprisonment, or a jail term of not less than 10 years, the period available is 90 days.
    • In other words, a magistrate cannot authorise a person’s judicial remand beyond the 60-or 90-day limit.
    • At the end of this period, if the investigation is not complete, the court shall release the person “if he is prepared to and does furnish bail”.

    How does the provision vary for special laws?

    The extension of time is not automatic but requires a judicial order.

    • Ordinary law (IPC/CrPC): The 60- or 90-day limit is only for ordinary penal law.
    • Narcotic Drugs and Psychotropic Substances Act: In NDPS Act, the period is 180 days. However, in cases involving substances in commercial quantity, the period may be extended up to one year.
    • Unlawful Activities (Prevention) Act: In UAPA, the default limit is 90 days only. The court may grant an extension of another 90 days, if it is satisfied that the progress made in the investigation and giving reasons to keep the accused in further custody.

    What are the laid-down principles on this aspect?

    • A matter of Right: Default or statutory bail is an indefeasible right’, regardless of the nature of the crime liberty under Article 21 of the Constitution.
    • Stipulated period calculation: The stipulated period within which the charge sheet has to be filed begins from the day the accused is remanded for the first time. It includes days undergone in both police and judicial custody, but not days spent in house-arrest.
    • Voluntary: There is no automatic bail.

    Try this similar PYQ from CSP 2021:

    Q. With reference to India, consider the following statements:

    1. When a prisoner makes a sufficient case, parole cannot be out denied to such prisoner because it becomes a matter of his/her right.
    2. State Governments have their own Prisoners Release on Parole Rules.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

     

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  • How MPs’ Questions are allowed, disallowed

    Over the last few sessions of Parliament, MPs mainly from the Opposition have often alleged that their questions have been intentionally disallowed.

    What are the categories of Questions?

    (1) Starred Question

    • The member desires an oral answer from the minister.
    • Such a question is distinguished by the MP with an asterisk.
    • The answer can also be followed by supplementary questions from members.

    (2) Unstarred Question

    • The MP seeks a written answer, which is deemed to be laid on the table of the House by the concerned minister.

    (3) Short Notice Question

    • These are on an urgent matter of public importance, and an oral answer is sought.
    • A notice of less than 10 days is prescribed as the minimum period for asking such a question.

    (4) Question to a Private Member

    • A question can be addressed to a private member under Rule 40 of Lok Sabha’s Rules of Procedure, or under Rule 48 of Rajya Sabha’s Rules.
    • Such question deals with a subject relating to some Bill, resolution or other matter for which that member is responsible.

    When are the questions asked?

    Ans. Question Hour

    • In both Houses, the first hour of every sitting is usually devoted to asking and answering of questions, and this is referred to as the ‘Question Hour’.
    • The total number of questions for any day is limited to 175.
    • These includes 15 questions for oral answers, questions postponed from one list to another for written answers, and 15 questions pertaining to states under President’s Rule.

    How are questions admitted?

    • In both Houses, elected members enjoy the right to seek information from various ministries and departments in the form of questions.
    • The Rajya Sabha Chairman or the Lok Sabha Speaker has the authority to decide whether a question or a part is or is not admissible under the norms of the House, and disallow any question or a part.
    • Usually, MPs’ questions form a long list, which then go through a rigorous process of clearance.
    • Once a question that fulfils the conditions of admissibility is received, the Secretariat sends it to the ministry concerned.
    • Once the facts are received from the ministry, the question is further examined for admissibility.
    • A final list of questions is circulated to ministers, on the basis of which they frame their answers.

    Answering the Questions

    • For answering the questions, ministries and departments have been divided into five groups (I to V) that have been allotted Mondays, Tuesdays, Wednesdays, Thursdays and Fridays respectively.
    • The grouping has been done in such a way that each minister has one fixed day in the week for answering questions in Rajya Sabha and another fixed day for answering questions in Lok Sabha.

    What kind of questions can be asked?

    (A) Rajya Sabha

    • The question shall be pointed, specific and confined to one issue only
    • It shall not bring in any name or statement not strictly necessary to make the question intelligible
    • If it contains a statement the member shall make himself responsible for the accuracy of the statement
    • It shall not contain arguments, inferences, ironical expressions, imputations, epithets or defamatory statements

    (B) Lok Sabha

    Questions that are not admitted include:

    • Those that are repetitive or have been answered previously and
    • Matters that are pending for judgment before any court of law or under consideration before a Parliamentary Committee

     

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  • The politics-policy disconnect in India

    Context

    Decision-making on virtually all governance issues is disconnected from politics and the mobilisation of public opinion.

    Disconnect between politics and policy

    • The repeal of the farm laws is thus a notable instance of politics and policy coming together, although in conflict.
    • The Opposition speaking in one voice in the Parliament helped, but the heavy lifting of organising in the villages and sustaining the protests was done by the farmers’ groups.
    • This disconnect between politics and policy is not a recent development, though it manifests differently across political divides.
    • Policy-first lens and its implications: The liberal side has a policy-first lens but is unable to articulate its ideas in a manner which makes for good politics, repeatedly couching its ideas in a bureaucratic framework disconnected from political organisation.
    • Bureaucracy is downstream from politics and this approach rather than curbing the state may have instead contributed to undermining the democratic process of political accountability since the political class is, by design, not central to the policy in the first place.
    • A politics-first approach: The right, on its side, has a politics-first lens but it derives its politics largely from its social agenda instead of issues of governance.
    • The policy imperatives, if any, are ad hoc and appear to be driven by the demands of running the political apparatus instead of a clear governance agenda.
    • Despite these differences, what is common across parties is the apolitical harnessing of the state as a disburser of different kinds of economic largesse, especially just before elections, as political parties cast about for simple ideas for easy mass communication.

    Reasons for the breakdown of the process

    • Weakly institutionalised nature of state and politics: Indian politics and the state are weakly institutionalised to begin with, which leads to an all-around fuzziness in the relationship between politics and policy.
    • However, this is as much an effect as it is cause, with the direction of change towards greater deinstitutionalisation instead of the opposite.
    • Lack of consensus-building: Another contributing factor is that traditional sites of consensus-building such as media, civil society, and political parties have developed pathologies which have rendered sustained consensus-building almost impossible. 
    • Centralisation of power: The excessive centralisation of power in party platforms and the head of the government (state and national).
    • This renders the individual elected representative extraneous to governance even in their own constituency, where their function is to provide representation and oversight.

    Way forward

    • There’s too much at stake to allow such a state of affairs to continue.
    •  It is important to rescue public interest from partisanship and cut through at least some of the bad-faith crosstalk across partisan divides.
    • Cross-cutting collaboration: There are many issues which lend themselves to cross-cutting collaboration outside of ideological affiliations.
    • Need for reforms: Institutional reforms are required to create such a space but public-spirited individuals across political divides can lay the foundation for such collaboration through issue-based discipline, moderation and intellectual independence.

    Consider the question “There has been a growing disconnect in India between policy and politics. Examine the factors responsible for this. Suggest the way forward.”

    Conclusion

    We need to address the disconnect between policy and politics to make the functioning of democracy more meaningful for us.

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  • SC pushes for National Judicial Infrastructure Corporation (NJIC)

    The Supreme Court orally said that courts cannot wait on the whims and fancies of the Government, but need a proper mechanism for funding the development of judicial infrastructure.

    National Judicial Infrastructure Corporation (NJIC)

    • The idea for such NJIC was first proposed by CJI Ramana in March this year, even before he took office.
    • It mooted the idea of an “umbrella national organization” that would take care of the need for judicial infrastructure.
    • Such a corporation would bring the uniformity and standardization required to revolutionize judicial infrastructure, said CJI.
    • Soon after he was sworn in, the CJI commenced work on the NJIC and a survey of 6,000 trial courts in various states was undertaken as part of this exercise.

    CJI recommends the composition of NJIC

    • The CJI has said that the Judiciary is least interested in retaining control of the council.
    • The composition can be of the Union Minister for Law and Justice, the Secretary, Finance, etc.
    • The States can also be represented.
    • The benefit of having a senior judge or Chief Justice on it would be that they are in the know of things.

    Why need NJIC?

    • No central agency: Presently, there is no agency to ensure use of funds allocated to augment judicial infrastructure
    • Infrastructure gap: There is a substantial gap in infrastructure and availability of basic amenities in the lower judiciary.
    • Lack of basic amenities: There is a lack of court halls, residential accommodation, and waiting room for litigants in trial courts, especially in smaller towns and rural areas.
    • Budgetary lapses: Experience shows that budgetary allocation for state judiciary often lapses since there is no independent body to supervise and execute works.

    NJIC is expected to fill this vacuum and overcome problems related to infrastructure.

    Significance of NJIC

    • The modernization of judicial infrastructure did not mean building more courts or filling up vacancies or ploughing through vacancies.
    • An efficient “judicial infrastructure” means providing equal and free access to justice.
    • This could be realized through a barrier-free and citizen-friendly environment.

     

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  • With India’s demographic transition, come challenges

    Context

    Recent results from National Family Health Survey-5 (NFHS-5) suggest that we are entering an era where we will have to tackle these challenges.

    A milestone in India’s demographic history: TFR at 2.0

    • NFHS-5 places the total fertility rate (TFR) at 2.0.
    • With two parents having two children, we have reached a replacement level of fertility.
    • Due to many young people, the population will continue to grow, but the replacement level fertility is a significant milestone in India’s demographic history.
    • This decline is spread evenly across the country, with 29 states and UTs having a TFR of 1.9 or less, with seven below 1.6.
    • All southern states have a TFR of 1.7-1.8, similar to that of Sweden.
    • Even states that have not reached replacement fertility — Bihar and Uttar Pradesh — seem to be headed in that direction.
    • Part of the original coterie of lagging states, Madhya Pradesh and Rajasthan both have achieved TFRs of 2.0.

    Challenge: Supporting the ageing population

    • Supporting ageing population: As fertility declines, the proportion of the older population grows, and societies face the challenge of supporting an ageing population with a shrinking workforce.
    • This challenge is greater for leaders at the beginning of the demographic transition — Kerala and Tamil Nadu.
    •  Interestingly, these are also among the more prosperous states in India, whose economic activities increasingly rely on migrant labour from other states.
    • Many industries such as auto parts manufacturing and construction in southern states rely on semi-skilled migrants, often transported under contractual arrangements, from northern and eastern states, particularly Bihar, Uttar Pradesh and Odisha.

    Rethinking the critical dimension of Indian federalism

    • Dependence on migrat workforce: Many industries such as auto parts manufacturing and construction in southern states rely on semi-skilled migrants, often transported under contractual arrangements, from northern and eastern states, particularly Bihar, Uttar Pradesh and Odisha.
    • Allocation of political power: While the Indian constitution mandates allocation of Lok Sabha seats across states in proportion to their population via the Delimitation Commission, the Emergency-era 42nd amendment froze seat allocation to the population share of states in the 1971 Census.
    • Equity consideration in central allocation to states: The division of central allocation to states is another area where population concerns have dominated equity considerations.
    • Much of the Centre-state revenue sharing occurs through recommendations of various Finance Commissions.
    • The sixth to fourteenth Finance Commissions allocated resources between states using the 1971 population shares of various states.
    • The Fifteenth Finance commission used Census data from 2011, but it also added the criteria of demographic performance, rewarding states with lower TFR.

    Type of demographic policy India needs to pursue

    • Pursue policy followed by China? Does India want to pursue China’s route of sharply lower fertility, with a large number of families stopping at one child, or are we content with moderately below replacement fertility of about 1.7-1.8?
    • If the latter, we are well-positioned to head in this direction.
    • Issues faced by China: while very low fertility provides a temporary demographic dividend with a reduced number of dependents to workers, the increased burden of caring for the elderly may become overwhelming over the long term.
    • Advantage of Regional demographic variation in India: India is fortunate that its demographic dividend may be smaller, but is likely to last for a more extended period due to regional variation in the onset of the fertility decline.
    • As southern states struggle with the growing burden of supporting the elderly, northern states will supply the workforce needed for economic growth.
    • Economic expansion: The increasing pace of migration may help shore up economic expansion in the south with its shrinking workforce augmented by workers from other states.

    Consider the question “Examine the influence of regional demographic variation on the fedaralism in India? How such variation can help India?”

    Conclusion

    The Sixteenth Finance Commission and the next Delimitation Commission must be freed from the burden of managing the demographic transition, focused on carrying out their tasks in the best interests of Indian federalism.

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  • Over 6 lakh Indians renounced Citizenship

    More than six lakh Indians renounced citizenship in the past five years, the Ministry of Home Affairs (MHA) informed the Lok Sabha.

    Citizenship in India

    • Citizenship is in the Union List under the Constitution and thus under the exclusive jurisdiction of Parliament.
    • The Constitution does not define the term ‘citizen’ but gives, in Articles 5 to 11, details of various categories of persons who are entitled to citizenship.
    • Unlike other provisions of the Constitution, which came into being on January 26, 1950, these articles were enforced on November 26, 1949 itself, when the Constitution was adopted.

    Various provisions for Indian Citizenship

    Article 5

    • It provided for citizenship on the commencement of the Constitution.
    • All those domiciled and born in India were given citizenship.
    • Even those who were domiciled but not born in India, but either of whose parents was born in India, were considered citizens.
    • Anyone who had been an ordinary resident for more than five years, too, was entitled to apply for citizenship.

    Article 6

    • Since Independence was preceded by Partition and migration, Article 6 laid down that anyone who migrated to India before July 19, 1949, would automatically become an Indian citizen if either of his parents or grandparents was born in India.
    • But those who entered India after this date needed to register themselves.

    Article 7

    • Even those who had migrated to Pakistan after March 1, 1947 but subsequently returned on resettlement permits were included within the citizenship net.
    • The law was more sympathetic to those who migrated from Pakistan and called them refugees than to those who, in a state of confusion, were stranded in Pakistan or went there but decided to return soon.

    Article 8

    • Any Person of Indian Origin residing outside India who, or either of whose parents or grandparents, was born in India could register himself or herself as an Indian citizen with Indian Diplomatic Mission.

    Various Amendments for Citizenships

    • According to Article 11, Parliament can go against the citizenship provisions of the Constitution.
    • The Citizenship Act, 1955 was passed and has been amended four times — in 1986, 2003, 2005, and 2015.
    • The Act empowers the government to determine the citizenship of persons in whose case it is in doubt.
    • However, over the decades, Parliament has narrowed down the wider and universal principles of citizenship based on the fact of birth.
    • Moreover, the Foreigners Act places a heavy burden on the individual to prove that he is not a foreigner.

    (1) 1986 amendment

    • The constitutional provision and the original Citizenship Act gave citizenship on the principle of jus soli to everyone born in India.
    • However, the 1986 amendment to Section 3 was less inclusive as it added the condition that those who were born in India on or after January 26, 1950 but before July 1, 1987, shall be an Indian citizen.
    • Those born after July 1, 1987 and before December 4, 2003, in addition to one’s own birth in India, can get citizenship only if either of his parents was an Indian citizen at the time of birth.

    (2) 2003 amendment

    • The then government made the above condition more stringent, keeping in view infiltration from Bangladesh.
    • Now the law requires that for those born on or after December 4, 2004, in addition to the fact of their own birth, both parents should be Indian citizens or one parent must be Indian citizen and other should not be an illegal migrant.
    • With these restrictive amendments, India has almost moved towards the narrow principle of jus sanguinis or blood relationship.
    • This lay down that an illegal migrant cannot claim citizenship by naturalization or registration even if he has been a resident of India for seven years.

    (3) Citizenship (Amendment) Act, 2019

    • The amendment proposes to permit members of six communities — Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Pakistan, Bangladesh and Afghanistan — to continue to live in India if they entered India before December 14, 2014.
    • It also reduces the requirement for citizenship from 11 years out of the preceding 14 years, to just 6 years.
    • Two notifications also exempted these migrants from the Passport Act and Foreigner Act.
    • A large number of organisations in Assam protested against this Bill as it may grant citizenship to Bangladeshi Hindu illegal migrants.

    Losing of Indian Citizenship

    • The Citizenship Act, 1955 also lays down the three modes by which an Indian citizen may lose his/her citizenship.
    • It may happen in any of the three ways: renunciation, termination and deprivation.

    (1) Renunciation

    • An Indian Citizen of full age and capacity can renounce his Indian citizenship by making a declaration to that effect and having it registered.
    • But if such a declaration is made during any war in which India is engaged, the registration shall be withheld until the Central Government otherwise directs.
    • When a male person renounces his citizenship, every minor child of him ceases to be an Indian citizen.
    • Such a child may, however, resume Indian citizenship if he makes a declaration to that effect within a year of his attaining full age, i.e. 18 years.

    (2) Termination

    • If a citizen of India voluntarily acquires the citizenship of another country, he shall cease to be a citizen of India.
    • During the war period, this provision does not apply to a citizen of India, who acquires the citizenship of another country in which India may be engaged voluntarily.

    (3) Deprivation

    • Deprivation is a compulsory termination of citizenship of India.
    • A citizen of India by naturalization, registration, domicile and residence, may be deprived of his citizenship by an order of the Central Government if it is satisfied that the Citizen has:
      1. Obtained the citizenship by means of fraud, false representation or concealment of any material fact
      2. Shown disloyalty to the Constitution of India
      3. Unlawfully traded or communicated with the enemy during a war
      4. Within five years after registration or neutralization, been imprisoned in any country for two years
      5. Ordinarily resident out of India for seven years continuously

     

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  • How and when MPs are suspended

    Twelve Opposition members of the Rajya Sabha were suspended for the entire winter session for unprecedented acts of misconduct, unruly and violent behavior and intentional attacks on security personnel.

    Decorum of the Parliament

    • Freedom of speech is one of the most important privileges enjoyed by Members of Parliament.
    • This freedom is circumscribed, however, by the necessity of maintaining order and decorum when debate is taking place.
    • Thus discipline, decorum and dignity of Parliament are of paramount importance for the efficient functioning and success of parliamentary institutions.
    • All over the world concerns have been expressed about the decline of discipline, decorum and dignity of legislative bodies.

    Maintaining the Decorum

    • MPs are required to adhere to certain rules of parliamentary etiquette.
    • For example the Lok Sabha rulebook specifies that MPs are not to interrupt the speech of others, maintain silence and not obstruct proceedings by hissing or making running commentaries during debates.
    • Newer forms of protest led to these rules being updated in 1989.
    • Now, members should not shout slogans, display placards, tear up documents in protest, and play a cassette or a tape recorder in the House.
    • Rajya Sabha has similar rules. To conduct the proceedings smoothly, the rulebook also gives certain, similar powers to the presiding officers of both Houses.

    Power of Suspension

    • The presiding officer of each House can direct an MP to withdraw from the legislative chamber for grossly disorderly conduct.
    • The MP then has to remain absent from the proceedings of the House for the remainder of the day.
    • The presiding officers can also “name” an MP for “persistently and wilfully obstructing the business” of the House.
    • In such a case, usually, the Parliamentary Affairs Minister moves a motion for suspending the offending MP from the service of the House.
    • The suspension can last until the end of the session.

    Why are such disruptions frequent in the Parliament?

    • The reluctance and procrastination of the treasury benches to face discussions is the main cause for disorder in Parliament.
    • In most cases, disorders in the House arise out of a sense of frustration felt by members due to lack of opportunities to make his point.
    • They are perhaps easier to deal with. What is more difficult to tackle is planned parliamentary offences and deliberate disturbances for publicity or for political motives.

    Way forward

    • Debate is central to democracy, and therefore there should be more debate and fewer disruptions.
    • The majority party is responsible for governing and should take other parties into confidence.
    • The Opposition should play a constructive role in Parliament and be allowed to put forward its views and express itself in a dignified manner.
    • The presiding officers must help the Opposition in raising issues uncomfortable to the government.

     

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  • Making the legislature work

    Context

    Parliament’s “performance” is assessed at the end of a session, typically in terms of bills discussed and passed. It is equally necessary to take stock of the issues facing the country and set expectations about what Parliament should be doing when the session is to commence.

    Analysing the repeal of laws from the standpoint of the parliamentary system and the functioning of Parliament

    • In the current session, three farm Acts will probably be presented for repeal.
    • Not referred to select committee: Three Acts were passed earlier amidst demands to refer them to a select committee.
    • This Lok Sabha — increasingly the Rajya Sabha as well — poses a riddle for the theory of representative democracy.
    • The ruling majority has a handsome majority — a 300 plus representation in the Lok Sabha — and by the standards of the FPTP system, a reasonable vote share of over 37 per cent.
    • Yet, laws passed by Parliament are increasingly being seen as unacceptable.
    • This non-acceptance is, perhaps, restricted to a small section. But the arguments put forward by them remain persuasive.
    • The “majority” government seems less representative than many minority governments of the past.
    • The government may have the majority in numbers, but does not have the capacity to take the majority along.
    • At this juncture, an important responsibility lies with the Opposition.

    Suggestions

    1] Role of the opposition

    • Coordinate: In Parliament, the Opposition will need to ensure coordination on common issues, strategise on parliamentary procedures and above all, endeavour to represent voices that have been suppressed by the current regime.
    • Avoid disruption: Acrimony might be unavoidable given that the current regime doesn’t give adequate respect to differences of opinion.
    • But it is incumbent on the Opposition to avoid creating pandemonium merely as a tactic.
    • Noise and sloganeering cannot replace the responsibility to represent.
    • Pandemonium is only a cover up for bad coordination and lack of homework.

    2] Role of the ruling party MPs

    • Probe the executive: The role of ruling party MPs is not merely to ram through the House whatever the government wishes but to also probe the executive delicately.
    • Assert the role as a representative: In allowing the government to sidestep all opposition, the MPs from the ruling party create an atmosphere wherein they lose any semblance of authenticity in their role as representatives.
    • Independence of ruling party members is connected both to intra-party democracy and to intra-party factionalism.
    • Need for intellectual position: It is also important that they have an intellectual position of their own.
    • The litmus test to their independence will be in how they express themselves in Parliament.
    • In any case, for Parliament to regain its representative character, ruling party members need to be more sincere about the parliamentary system, and unafraid of executive power.

    3] Role of civil society

    • Protests have played, and will continue to play, a critical role in forcing us to confront the issue of representation.
    • It must be reiterated that no democracy can exist without a robust civil society.
    • Its tension-ridden relationship with party politics must be recognised.
    • In that sense, the rising antinomy between Parliament and protests is more because of the unrepresentativeness of Parliament than due to the rebellious ways of civil society.

    Consider the question “What is the significance of the opposition to the laws enacted by the legislature? Suggest the steps need to be taken by the various participants in democracy.”

    Conclusion

    All the participants in the democracy need to recognise their role and ensure the the smooth functioning of democracy.

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