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Subject: Polity

  • Back in news: Central Vista Project

    The redevelopment of central vista avenue in New Delhi, where the Republic Day parade is scheduled to be held, has been delayed by a couple of days due to heavy rainfall.

    Central Vista Project

    • The project aims to renovate and redevelop 86 acres of land in Lutyens’s Delhi.
    • In this, the landmark structures of the government, including Parliament House, Rashtrapati Bhavan, India Gate, North Block and South Block, etc. stand.
    • This dream project of redeveloping the nation’s administrative heart was announced by the Ministry of Housing and Urban Affairs back in September 13, 2019.

    This project has three main parts:

    1. New parliament building
    2. New secretariat complex to bring all the central govt ministries in one place
    3. Development of the Rajghat and the area around it
    • This project will involve demolition of some non-heritage buildings in the area, and construction of new buildings in place of them.

    Why need this Project?

    The most significant aspect of the project is the construction of a new parliament building.  There are several reasons for needing a new building.

    • Due to increased population, which has almost quadrupled since independence, there is a need to increase the number of Lok Sabha constituencies through delimitation.
    • Similarly, the central hall of the parliament, used to hold joint sessions, actually does not have enough seats for the MPs of both houses.
    • During joint sessions, temporary chairs are placed on the aisles so that all the members can sit.
    • This is certainly not a dignified scene for the parliament of the largest democracy in the world.
    • The infrastructure of the parliament was also antiqued, as they were added at various times as and when required.

    Due to these reasons, a pressing need was felt to construct a new parliament building.

    Significance of the project

    • Modernising parliament’s facilities: The new Parliament building will be India’s first purpose-designed parliament, equipped with state-of-the-art infrastructure to meet all needs of an expanded parliament.
    • Improving productivity and efficiency: All ministries of the government will be consolidated in one place and will be served by highly energy-efficient and sustainable infrastructure.
    • Strengthening cultural and recreational facilities: The National Museum will be relocated and conceptualized to present the rich heritage and achievements of the nation.
    • Providing modern and secure infrastructure: A modern, secure, and appropriately equipped executive enclave is proposed to house executive offices and facilities.
    • Providing residential facilities for the PM: Modern and secure residential facilities for the vice president and the PM are proposed to the north of North Block and south of South Block respectively.
    • Cultural significance: The overall objective of works planned on the Central Vista is to ensure environmental sustainability, restore the vista’s architectural character, protect its heritage buildings, expand and improve public space, and to extend its axis.

     

    Also read about the

    New Parliament Building

    Back2Basics: Making of New Delhi

    • The Central Vista was designed by Edwin Lutyens and Herbert Baker, to house the capital of British India.
    • The top of the Raisina Hill and adjacent hills in the area was flattened to create space for the buildings.
    • At his coronation as Emperor of India on December 12, 1911, Britain’s King George V had announced the transfer of the seat of the Government from Calcutta to the ancient Capital of Delhi.
    • Thereafter, a 20-year-long project to build modern New Delhi was spearheaded by architects Edwin Lutyens and Herbert Baker.
    • They built Parliament House, Rashtrapati Bhavan, North and South Blocks, Rajpath, India Gate, National Archives and the princes’ houses around India Gate.
    • Thus, New Delhi was unveiled in 1931.

     

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  • Mullaperiyar Dam Issue

    The Supreme Court has told Tamil Nadu and Kerala that it was not there to “administer the dam” when a supervisory committee was already in place to examine the issue of safety of the Mullaperiyar Dam and the management of its water level.

    Do you know?

    The Mullaperiyar dam is located in Kerala on the river Periyar but is operated and maintained by the neighbouring state of Tamil Nadu.

     

    John Pennycuick (the architect of this dam) sold his family property in England to mobilize money to fund the project! People of the region fondly name their children under his name a remark of reverence.

    Mullaperiyar Dam

    • It is a masonry gravity dam on the Periyar River in Kerala.
    • It is located on the Cardamom Hills of the Western Ghats in Thekkady, Idukki District.
    • It was constructed between 1887 and 1895 by John Pennycuick (who was born in Pune) and also reached in an agreement to divert water eastwards to the Madras Presidency area.
    • It has a height of 53.6 m (176 ft) from the foundation, and a length of 365.7 m (1,200 ft).

    Operational issue

    • The dam is located in Kerala but is operated and maintained by Tamil Nadu.
    • The catchment area of the Mullaperiyar Dam itself lies entirely in Kerala and thus not an inter-State river.
    • In November 2014, the water level hit 142 feet for first time in 35 years.
    • The reservoir again hit the maximum limit of 142 feet in August 2018, following incessant rains in the state of Kerala.
    • Indeed, the tendency to store water to almost the full level of reservoirs is becoming a norm among water managers across States.

    The dispute: Control and safety of the dam

    • Supreme court judgment came in February 2006, has allowed Tamil Nadu to raise the level of the dam to 152 ft (46 m) after strengthening it.
    • Responding to it, the Mullaperiyar dam was declared an ‘endangered’ scheduled dam by the Kerala Government under the disputed Kerala Irrigation and Water Conservation (Amendment) Act, 2006.
    • For Tamil Nadu, the Mullaperiyar dam and the diverted Periyar waters act as a lifeline for Theni, Madurai, Sivaganga, Dindigul and Ramnad districts.
    • Tamil Nadu has insisted on exercising the unfettered colonial rights to control the dam and its waters, based on the 1886 lease agreement.

    Rule of Curve issue

    • A rule curve or rule level specifies the storage or empty space to be maintained in a reservoir during different times of the year.
    • It decides the fluctuating storage levels in a reservoir.
    • The gate opening schedule of a dam is based on the rule curve. It is part of the “core safety” mechanism in a dam.
    • The TN government often blames Kerala for delaying the finalization of the rule curve.

    Back2Basics: Periyar River

    • The Periyar is the longest river in the state of Kerala with a length of 244 km.
    • It is also known as ‘Lifeline of Kerala’ as it is one of the few perennial rivers in the state.
    • It originates from Sivagiri hills of Western Ghats and flows through the Periyar National Park.
    • The main tributaries of Periyar are Muthirapuzha, Mullayar, Cheruthoni, Perinjankutti.

     

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  • MHA seeks more time to frame CAA rules

    The Ministry of Home Affairs (MHA) has sought another extension from parliamentary committees to frame the rules of the Citizenship (Amendment) Act (CAA), 2019.

    What is Citizenship Amendment Act (CAA), 2019?

    • The act is sought to amend the Citizenship Act, 1955 to make Hindu, Sikh, Buddhist, Jain, Parsi, and Christian illegal migrants from Afghanistan, Bangladesh, and Pakistan, eligible for citizenship of India.
    • In other words, it intends to make it easier for non-Muslim immigrants from India’s three Muslim-majority neighbours to become citizens of India.
    • Under The Citizenship Act, 1955, one of the requirements for citizenship by naturalization is that the applicant must have resided in India during the last 12 months, as well as for 11 of the previous 14 years.
    • The amendment relaxes the second requirement from 11 years to 6 years as a specific condition for applicants belonging to these six religions, and the aforementioned three countries.
    • It exempts the members of the six communities from any criminal case under the Foreigners Act, 1946 and the Passport Act, 1920 if they entered India before December 31, 2014.

    Key feature: Defining illegal migrants

    • Illegal migrants cannot become Indian citizens in accordance with the present laws.
    • Under the CAA, an illegal migrant is a foreigner who: (i) enters the country without valid travel documents like a passport and visa, or (ii) enters with valid documents, but stays beyond the permitted time period.
    • Illegal migrants may be put in jail or deported under the Foreigners Act, 1946 and The Passport (Entry into India) Act, 1920.

    Exceptions

    • The Bill provides that illegal migrants who fulfil four conditions will not be treated as illegal migrants under the Act.  The conditions are:
    1. they are Hindus, Sikhs, Buddhists, Jains, Parsis or Christians;
    2. they are from Afghanistan, Bangladesh or Pakistan;
    3. they entered India on or before December 31, 2014;
    4. they are not in certain tribal areas of Assam, Meghalaya, Mizoram, or Tripura included in the Sixth Schedule to the Constitution, or areas under the “Inner Line” permit, i.e., Arunachal Pradesh, Mizoram, and Nagaland.

    Controversy with the Act

    • Country of Origin: The Act classifies migrants based on their country of origin to include only Afghanistan, Pakistan and Bangladesh.
    • Other religious minorities ignored: It is unclear why illegal migrants from only six specified religious minorities have been included in the Act.
    • Defiance of purpose: India shares a border with Myanmar, which has had a history of persecution of a religious minority, the Rohingya Muslims.
    • Date of Entry: It is also unclear why there is a differential treatment of migrants based on their date of entry into India, i.e., whether they entered India before or after December 31, 2014.

    Way forward

    • India is a constitutional democracy with a basic structure that assures a secure and spacious home for all Indians.
    • Being partitioned on religious grounds, India has to undertake a balancing act for protecting the religious minorities in its neighbourhood.
    • These minorities are under constant threat of persecution and vandalism.
    • India needs to balance the civilization duties to protect those who are prosecuted in the neighbourhood.

     

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  • The Personal Data Protection Bill conundrum

    Context

    The Joint Committee report on the Bill has failed to provide robust draft legislation ensuring the privacy of citizens.

    Background of the Personal Data Protection Bill

    •  The Puttaswamy judgment held that the right to privacy is a fundamental right.
    • The Puttaswamy judgment and the Justice B.N. Srikrishna committee report led to the Personal Data Protection Bill of 2019.
    • The Joint Committee report on the Bill has failed to provide a robust draft legislation ensuring the privacy of citizens.

    Issues with the Joint Committee report on Personal Data Protection Bill

    • Division into Government and private domains: The report has divided the digital world into two domains — government and private.
    • This division is based on the presumption that the question of right to privacy emerges only where operations and activities of private entities are concerned.
    • Exemption to government and government agencies: Clause 12 of the Bill provides exemptions for the government and government agencies and Clause 35 exempts government agencies from the entire Act itself. 
    • Clause 12, which says personal data can be processed without consent for the performance of any function of the state, is an umbrella clause that does not specify which ministries or departments will be covered.
    • The issue with the defining harm: The Bill says, “harm includes any observation or surveillance that is not reasonably expected by the data principal”.
    • This means if you install any software in your computer and the software violates the principle of privacy and data get leaked, the complaint of the data principal will not be legally tenable as the defence will be that ‘once you have installed the software, you should have reasonably expected this level of surveillance’.
    • The government can use these provisions as a means of control and surveillance.
    • The Committee has failed to provide formidable firewalls to protect the privacy of individuals and has also carved out a mechanism for government control over personal data.
    • Against the Supreme Court judgement: The provisions are ultra vires of the judgment on privacy.
    • Inclusion of non-personal data harms the economy:  By including non-personal data within the ambit of the Bill, the Joint Committee has put a huge compliance burden on the economy.
    • This will hit the MSME sector and small businesses harder as technical processes involving data-sharing are very expensive.
    • The government-constituted panel headed by S. Gopalkrishnan also opposed the idea of including non-personal data in the Bill.
    • Mandatory data localisation, it is estimated, will squeeze the economy by 0.7-1.7%.
    • Hamper the smooth cross-border flow of data: This may also invite similar measures by other sovereign countries which will hamper smooth cross-border flow of data.

    Concerns with the Data Protection Authority

    • For compliance with the provisions of the Act, a data protection authority (DPA) has to be appointed.
    • It is doubtful whether a single authority will be able to discharge so many functions in an efficient manner.
    • Concern with appointment: Unlike the Justice Srikrishna committee report which provided for a judicial overlook in the appointments of the DPA, the Bill entrusts the executive with the appointments.
    •  Although the Joint Committee report expanded the committee, the power to appoint the panelists vests with the Central government.
    • Lack of independence: Clause 86 says, “Authority should be bound by the directions of the Central Government under all cases and not just on questions of policy”.
    • This weakens its independence and gives the government excessive control.
    • Violation of federalism: There is internal data flow and the States are key stakeholders in the process.
    • Even if the proposed central authority issues directions to allow processing of data on the grounds of ‘public order’, it is important to note that ‘public order’ is an entry in the State List. 

    Consider the question “What are the issues with the provision in the Personal Data Protection Bill, 2019? Suggest the way forward.” 

    Conclusion

    The report has raised more questions than it has solved. At the time of passage of the Bill, loopholes must be plugged so that India can have a robust data protection law.

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  • Conduct of States Assembly Elections

    The Election Commission of India has announced dates for Assembly elections in Uttar Pradesh, Uttarakhand, Punjab, Goa and Manipur.

    Why conduct elections even during COVID outbreak?

    • Article 172(1) of the Constitution sets a five-year term for each Assembly.
    • Any postponement of Assembly elections may result in a situation that denies people of that State the right to elect an accountable government of their choice.

    States Legislature : A detail background

    • The State Legislative Assembly is a legislative body in the states and union territories of India.
    • In the 28 states and 3 union territories with a unicameral state legislature, it is the sole legislative body and in 6 states it is the lower house of their bicameral state legislatures with the upper house being Legislative Council.
    • 5 UTs are governed directly by the Union Government of India and have no legislative body.

    Term of reference

    • Each Member of the Legislative Assembly (MLA) is directly elected to serve 5 year terms by single-member constituencies.
    • The Constitution of India states that a State Legislative Assembly must have no less than 60 and no more than 500 members.
    • However an exception may be granted via an Act of Parliament as is the case in the states of Goa, Sikkim, Mizoram and the union territory of Puducherry which have fewer than 60 members.
    • A State Legislative Assembly may be dissolved in a state of emergency, by the Governor on request of the Chief Minister, or if a motion of no confidence is passed against the ruling majority party or coalition.

    State Executive

    • State Executive consists of Governor and the Council of Ministers with the Chief Minister as its head.
    • Executive power of the state is vested in Governor.
    • He/She is appointed by the President for a term of five years and holds office during his pleasure.
    • Only Indian citizens above 35 years of age are eligible for appointment to this office.
    • The Chief Minister is appointed by the Governor, who also appoints other ministers on the advice of the CM.

    Powers and Functions

    State legislature has exclusive powers over subjects enumerated in the State List and Concurrent Lists (List II of the Seventh Schedule) of the Constitution and concurrent powers over those enumerated in sub List III.

    (1) Regarding Ordinary Laws

    • Ordinary bills can be introduced in either of the two houses in case the State Legislature is bicameral, however, the Money Bill has to initially be introduced in the Vidhan Sabha.
    • The State Legislature can formulate laws on the subject of State and Concurrent Lists.
    • However, in case there is any contradiction between the Union and State law, the law decided by the Parliament shall prevail.

    (2) Financial Powers

    • Financial powers of legislature include authorization of all expenditure, taxation and borrowing by the state government.
    • The Legislative Assembly alone has the power to originate money bills.
    • The Legislative Council can only make recommendations in respect of changes it considers necessary within a period of fourteen days of the receipt of money bills, which can accept or reject these recommendations.

    Role of Governor

    • The Governor of a state may reserve any Bill for the consideration of the President.
    • No Bills seeking to impose restrictions on inter-state trade can be introduced in a state legislature without the previous sanction of the President.

    Try this PYQ:

     

    Q. Which one of the following suggested that the Governor should be an eminent person from outside the State and should be a detached figure without intense political links or should not have taken part in politics in the recent past?

     

    (a) First Administrative Reforms Commission (1966)

    (b) Rajamannar Committee (1969)

    (c) Sarkaria Commission (1983)

    (d) National Commission to Review the Working of the Constitution (2000)

  • Economically Weaker Sections (EWS): As defined by Govt Panel

    The government has accepted the report by a committee under the Ministry of Social Justice and Empowerment, which examined the income criteria for determining who are to be included among the EWS.

    EWS Quota: A Backgrounder

    • On July 29 last year, the Centre had issued a notification for implementing 10% reservation for EWS along with 27% for OBC within these courses.
    • Following the petitions, the Supreme Court has stayed counseling for admission until the matter is decided.
    • The NEET notification followed the same criteria for determining EWS as mentioned in a notification from the Department of Personnel and Training (DoPT).

    Inception of EWS Quota

    • EWS reservation was granted based on the recommendations of a commission headed by Major General (retd) S R Sinho.
    • The Commission for Economically Backward Classes was constituted by the then UPA government in 2005, and submitted its report in July 2010.
    • Based on this, the Cabinet in January 2019 decided to amend the Constitution (103rd Amendment) to provide reservation to EWS.

    Prime basis: Income criteria

    • The criteria include a Rs 8 lakh income ceiling for inclusion in EWS — which is the same as the criterion for deciding the “creamy layer” among the OBCs (those who are not in government).
    • The notification said income shall include income from all sources i.e. salary, agriculture, business, profession, etc for the financial year prior to the year of application.
    • Another criterion is that a person whose family owns or possesses 5 acres of agricultural land or more will be excluded from EWS.

    Why was the new committee constituted?

    • The committee aimed to revisit the criteria for determining the economically weaker sections in terms of the provisions of the explanation to Article 15 of the Constitution.
    • It followed the Supreme Court’s observation that the income criterion for determining EWS was “arbitrary”.
    • The Supreme Court is presently hearing a number of petitions, including a special leave petition filed by the Centre against a Madras HC order on EWS and OBC reservation in the all-India quota for NEET.

    Key recommendations

    • The report says that the “threshold of Rs 8 lakh of annual family income, in the current situation, seems reasonable for determining EWS”.
    • The committee has recommended that EWS may, however, exclude, irrespective of income, a person whose family has 5 acres of agricultural land and above.
    • The committee has removed the criteria that excluded some categories from EWS:
    1. Owners of residential properties of 1,000 sq ft and above
    2. Residential plots of 100 sq yards and above in notified municipalities
    3. Residential plots of 200 sq yards and above in areas other than the notified municipalities

    How does it address the questions raised by the Supreme Court?

    • The Supreme Court has earlier questioned the basis of Rs 8 lakh criteria and termed it arbitrary without any substantiation.
    • It asserted that this criteria is similar to that of Creamy Layer in OBCs.

    What did the committee say on Income Criteria?

    • The committee’s report now states the two sets of criteria are significantly different despite both using the Rs 8 lakh cut-off and that the criteria for the EWS.
    • EWS criteria are much more stringent than those for the OBC creamy layer.
    • The report justifies this income limit, stating that Rs 8 lakh cut off also has a link with the income tax exemption limit.
    • It would, therefore, be logical to use the income tax exemption limit to determine the threshold for EWS.

    Tap here to read more about:

    [Sansad TV] Perspective: Defining EWS

     

     

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  • Confrontation between the Governors and the State governments

    Context

    Recent media reports about the confrontation between the Governors and the State governments, in Maharashtra and Kerala, have turned the spotlight on the rather delicate relationship between the constitutional head of the State and the elected government.

    Recent incidents of confrontation

    •  In Maharashtra, the Governor refused to accept the date of election of the Speaker recommended by the State government.
    • The Constitution has not assigned any role to the Governor in the election of the Speaker under Article 178, which is exclusively the job of the House.
    • The Governor’s refusal to accept the date of election of the Speaker goes against the principles of constitutional government. 
    • In Kerala, the State Governor having reappointed the Vice Chancellor of Kannur University in accordance with the law, made an allegation that he was under pressure from the Government to reappoint the Vice Chancellor.
    • In fact, he or she can accept suggestions from any person including the Leader of the Opposition in the Assembly.
    • However, the Governor as Chancellor is not required to act on the advice of the Council of Ministers in the matter of appointment of Vice Chancellor and others in the university.
    • He can act absolutely independently.
    • Non-acceptance of the advice of the Council of Ministers too has been witnessed in Rajasthan as well as Maharashtra again.
    • The Kerala High Court has clarified this legal point in Gopalakrishnan vs Chancellor, University of Kerala.

    What explains the confrontational relationship between Governor and State Government?

    • Historical background: It has something to do with the whole idea of the office of the Governor and its past history.
    • In the colonial era, the Governor was the absolute ruler of the province.
    • While making the Constitution,  there were divergent views on the powers to be given to the Governor in the Constituent Assembly.
    • There were members in the Assembly who wanted the Governor to be as powerful as the colonial-era Governors.
    • Discretionary powers: Though B.R. Ambedkar was clear that the Governor should only be a constitutional head and the executive power should vest entirely in the elected government.
    • He promoted the idea of vesting certain discretionary powers in the Governor.
    • Why discretionary powers? In this respect he was guided by the thinking that the State governments are in subordination to the Union government and, therefore, the Governor should be given discretionary powers to ensure that they act so.
    • So, ultimately, the Governor is given certain discretionary powers prescribed by or under the Constitution unlike the President of India who has not been given any such powers.
    • Vagueness about actual powers: Further, Article 163 became a ‘blind reproduction of Section 50 of the Government of India Act 1935’ (H.V. Kamath).
    • This exact reproduction of the provision in the Act of 1935 has, to a great extent, introduced a vagueness about the actual powers of the Governor vis-à-vis the elected government.
    • This vagueness was corrected only with the Supreme Court of India stating the law in unambiguous terms in Shamsher Singh (1974).
    • From Shamsher Singh to Nabam Rebia (2016) the Supreme Court declared that the Governor can, in the exercise of executive power of the state, act only on the aid and advice of the Council of Ministers “…save in a few well-known exceptional situations”.

    Consider the question “The relationship between the Governor and Chief Minister has, even at the best of times, not been absolutely simple and tension free. What are the factors responsible for confrontation? Suggest the way forward.”

    Conclusion

    The Governor is a high constitutional authority. He needs to function within the four walls of the Constitution and be a friend, philosopher and guide to his government.

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  • Uniform Civil Code

    The Centre has informed the Delhi HC that it was awaiting the report of the Law Commission of India, which is examining various issues relating to the Uniform Civil Code.

    What is a Uniform Civil Code?

    • A Uniform Civil Code is one that would provide for one law for the entire country, applicable to all religious communities in their personal matters such as marriage, divorce, inheritance, adoption etc.
    • Article 44, one of the directive principles of the Constitution lays down that the state shall endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India.
    • These, as defined in Article 37, are not justiciable (not enforceable by any court) but the principles laid down therein are fundamental in governance.

    Why need UCC?

    • UCC would provide equal status to all citizens
    • It would promote gender parity in Indian society.
    • UCC would accommodate the aspirations of the young population who imbibe liberal ideology.
    • Its implementation would thus support the national integration.

    Hurdles to UCC implementation

    • There are practical difficulties due to religious and cultural diversity in India.
    • The UCC is often perceived by the minorities as an encroachment on religious freedom.
    • It is often regarded as interference of the state in personal matters of the minorities.
    • Experts often argue that the time is not ripe for Indian society to embrace such UCC.

     UCC vs. Right to Freedom of Religion

    • Article 25 lays down an individual’s fundamental right to religion;
    • Article 26(b) upholds the right of each religious denomination or any section thereof to “manage its own affairs in matters of religion”;
    • Article 29 defines the right to conserve distinctive culture.
    • An individual’s freedom of religion under Article 25 is subject to “public order, health, morality” and other provisions relating to FRs, but a group’s freedom under Article 26 has not been subjected to other FRs.
    • In the Constituent Assembly, there was division on the issue of putting UCC in the fundamental rights chapter. The matter was settled by a vote.
    • By a 5:4 majority, the fundamental rights sub-committee headed by Sardar Patel held that the provision was outside the scope of FRs and therefore the UCC was made less important.

    Enacting and Enforcing UCC

    • Fundamental rights are enforceable in a court of law.
    • While Article 44 uses the words “state shall endeavour”, other Articles in the ‘Directive Principles’ chapter use words such as “in particular strive”; “shall in particular direct its policy”; “shall be obligation of the state” etc.
    • Article 43 mentions “state shall endeavour by suitable legislation” while the phrase “by suitable legislation” is absent in Article 44.
    • All this implies that the duty of the state is greater in other directive principles than in Article 44.

    What are more important — fundamental rights or directive principles?

    • There is no doubt that fundamental rights are more important.
    • The Supreme Court held in Minerva Mills (1980): Indian Constitution is founded on the bed-rock of the balance between Parts III (Fundamental Rights) and IV (Directive Principles).
    • To give absolute primacy to one over the other is to disturb the harmony of the Constitution.
    • Article 31C inserted by the 42nd Amendment in 1976, however, lays down that if a law is made to implement any directive principle, it cannot be challenged on the ground of being violative of the FRs under Articles 14 and 19.

    What about Personal Laws?

    • Citizens belonging to different religious and denominations follow different property and matrimonial laws which are an affront to the nation’s unity.
    • If the framers of the Constitution had intended to have a UCC, they would have given exclusive jurisdiction to Parliament in respect of personal laws, by including this subject in the Union List.
    • But “personal laws” are mentioned in the Concurrent List.

    Various customary laws

    • All Hindus of the country are not governed by one law, nor are all Muslims or all Christians.
    • Muslims of Kashmir were governed by a customary law, which in many ways was at variance with Muslim Personal Law in the rest of the country and was, in fact, closer to Hindu law.
    • Even on registration of marriage among Muslims, laws differ from place to place.
    • In the Northeast, there are more than 200 tribes with their own varied customary laws.
    • The Constitution itself protects local customs in Nagaland. Similar protections are enjoyed by Meghalaya and Mizoram.
    • Even reformed Hindu law, in spite of codification, protects customary practices.

    Minority opinion in the Constituent Assembly

    • Some members sought to immunize Muslim Personal Law from state regulation.
    • Mohammed Ismail, who thrice tried unsuccessfully to get Muslim Personal Law exempted from Article 44, said a secular state should not interfere with the personal law of people.
    • B Pocker Saheb said he had received representations against a common civil code from various organisations, including Hindu organisations.
    • Hussain Imam questioned whether there could ever be uniformity of personal laws in a diverse country like India.
    • B R Ambedkar said “no government can use its provisions in a way that would force the Muslims to revolt”.
    • Alladi Krishnaswami, who was in favour of a UCC, conceded that it would be unwise to enact UCC ignoring strong opposition from any community.
    • Gender justice was never discussed in these debates.

     Conclusion

    • Article 44 of the Constitution creates an obligation upon the State to endeavour to secure for citizens a Uniform Civil Code throughout the country.
    • The purpose behind UCC is to strengthen the object of “Secular Democratic Republic” as enshrined in the Preamble of the Constitution.
    • This provision is provided to effect integration of India by bringing communities on the common platform on matters which are at present governed by diverse personal laws.
    • Hence it UCC should be enforced taking into confidence all the sections of Indian society.

     

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  • English is the language of Court: Gujarat HC

    A Division Bench of the Gujarat High Court has asked a convict to speak only in English as that was the language in the higher judiciary referring to Article 348 of the Constitution which mandates that the language of the High Court would be English.

    What is Article 348?

    • It provides for languages to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc
    • Article 348 (1) provides that all proceedings in the Supreme Court and in every High court shall be in English Language until Parliament by law otherwise provides.
    • Under Article 348 (2), the Governor of the State may, with the previous consent of the President, authorize the use of the Hindi language or any other language used for any official purpose of the State.
    • It states that in the proceedings of the High Court having its principal seat in that State provided that decrees, judgments or orders passed by such High Courts shall be in English.

    When is use of other languages permitted?

    • Section 7 of the Official Languages Act, 1963, provides that the use of Hindi or official language of a State in addition to the English language may be authorized.
    • This has to be done with the consent of the President of India, by the Governor of the State for purpose of judgments etc. made by the High Court for that State.

     

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  • Why EC can’t delay upcoming polls

    Context

    Ever since the Allahabad High Court urged the Election Commission of India to consider banning all political rallies or postponing the upcoming Assembly elections due to the increasing threat of Omicron, the focus of debate has shifted to the EC.

    Why and when does the Election Commission clubs the elections?

    • To avoid the influence of result: As per practice, the EC clubs all elections that are so close to each other to ensure that the results in one state do not influence the voters in the state going to the polls soon after.
    • Earliest date: The earliest due date of a state determines the poll dates for all the clubbed states.
    • No delay allowed: The EC cannot delay an election even by a day, although it can advance it by up to six months.
    • The Assembly elections of five states are due in the early months of 2022, four of these in March itself — Goa (by March 15), Manipur (March 19), Uttarakhand (March 23) and Punjab (March 27).
    • The fifth — UP — is due by May 14.
    • Goa being the earliest, we must have all five elections completed before March 15.

    Why EC cannot postpone the elections?

    • Violation of Constitution: Postponing elections is not in the Election Commission’s hands at all and would be a violation of the constitutional mandate that gives every Vidhan Sabha a fixed term.
    • As soon as the term is over, the House stands dissolved automatically.
    • The term of the House cannot be extended except in an emergency declared by Parliament, which the Constitution restricts to only two situations — war and breakdown of law and order.
    • In the seven decades of our electoral history, this has happened only three times — in Assam, Punjab and Jammu and Kashmir — in insurgency situations.

    Way forward: Strict enforcement of guidelines

    • Before the Bihar elections of 2020, the EC had issued detailed guidelines based on its observation of other countries that conducted elections that year, like South Korea and Sri Lanka.
    • Reduction of the number of electors: These guidelines included the reduction of the number of electors per polling booth from 1,500 to 1,000, to prevent over-crowding, which required the addition of 33,797 auxiliary polling stations.
    • Covid-sensitive capacity building: The guidelines also included Covid-sensitive capacity-building of election officials.
    • Postal ballot option: The ECI also extended the postal ballot option to senior citizens over the age of 80, Covid-positive patients, persons with disabilities and voters in essential services.
    • Virtual campaigning: Virtual campaigning was also encouraged to stop election rallies contributing to Covid.
    • Besides the standard social distancing and sanitising norms, voters were provided with gloves to touch the EVMs.
    • To avoid crowding at the counting centres, the counting tables were reduced from 14 to seven per assembly constituency.

    Consider the question “What are the challenges in postponing the Assembly elections beyond the fixed terms of the Assembly? Suggest the way forward.”

    Conclusion

    This election is an opportunity for the EC to redeem its image. More importantly, it must guard itself against the trap of postponing the polls under any persuasion.

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