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Subject: Polity

  • Task force in J&K under Article 311 to act against govt staff without probe

    Why the task force

    • The Jammu and Kashmir administration has set up a Special Task Force (STF) to initiate action against government employees suspected of activities against security of the State.
    • The order has been passed under provisions of Article 311(2) (C) of the Constitution.
    • The STF would be headed by the J&K Additional Director General of Police, CID, and include Inspectors General of Police, Kashmir and Jammu, a representative of Law, Justice and Parliamentary Affairs, and a representative of the department the employee belongs to.

    What are the provisions under Article 311 (2) C

    • Article 311(2) says no government employee shall be dismissed or removed or “reduced in rank” except after an inquiry.
    • However, its sub-section C says this clause will not apply “where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State, it is not expedient to hold such inquiry”.

  • SC paves way for appointment of ad-hoc judges in HCs

    Appointment of retired judges under Article 224A

    • The Supreme Court cleared the way for appointment of retired judges as ad-hoc judges in High Courts under Article 224A of the Constitution.
    • The court ruled that the Chief Justice of a High Court may initiate the process of recommending a name if the number of judges’ vacancies is more than 20 per cent of the sanctioned strength.
    • The court said the appointments can follow the procedure laid down in the Memorandum of Procedure for appointment of judges.
    • The move will help to deal with mounting backlog of cases.
    • Since the nominees have been judges before, the need to refer the matter to the IB or other agencies would not arise, shortening the time period.

    Back2Basics: About Article 224A

    • It allows the Chief Justice of a High Court to allow a retired judge of any High Court to sit and act as the judge of the High Court for that State.
    • Previous consent of the President is necessary.
    • The acting retired judge would be entitled to such allowances as the President may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a Judge of that High Court.
    • This Article was not part of the Constitution of India, 1950. It was inserted by the Constitution (Fifteenth Amendment) Act, 1963.

  • Supreme Court sets timeline for Govt to clear judges’ names

    Why the timeline

    • The Supreme Court laid down a timeline for the Centre to clear names recommended by the High Court Collegiums.
    • The Bench noted that there are almost 40% vacancies in the High Courts, with many of the larger High Courts working under 50% of their sanctioned strength.
    • Against the sanctioned strength of 1,080 High Court Judges, 664 have been appointed but 416 vacancies remain. 
    • The Bench rejected the contention that laying down a timeline “would be contrary to” certain “observations made in the Third Judges case”, saying the “observations” referred to “deal with the judicial review of a particular appointment and not such aspects of the appointment process like delay”.

    The timeline

    • The Intelligence Bureau (IB) should submit its report/ inputs within 4 to 6 weeks from the date of recommendation of the High Court Collegium, to the Central Government.
    • It would be desirable that the Central Government forward the file(s)/ recommendations to the Supreme Court within 8 to 12 weeks from the date of receipt of views from the State Government and the report/ input from the IB.
    • It would be for the Government to thereafter proceed to make the appointment immediately on the aforesaid consideration and undoubtedly, if Government has any reservations on suitability or in public interest, within the same period of time it may be sent back to the Supreme Court Collegium with the specific reasons for reservation recorded.
    • If the Supreme Court Collegium, after consideration of the aforesaid inputs, still reiterates the recommendation(s) unanimously
, such appointment should be processed and appointment should be made within 3 to 4 weeks.

  • Issues with ordinance in India

    Repromulgation of ordinances raises several questions and it also goes against the Supreme Court judgement. The article explains the issues involved.

    Ordinance route and issues with it

    • The central government has repromulgated the ordinance that establishes a commission for air quality management in the National Capital Region.
    • This raises questions about the practice of issuing ordinances to make law, and that of re-issuing ordinances without getting them ratified by Parliament.
    • Law making is a legislative function, this power is provided for urgent requirements, and the law thus made has an automatic expiry at the end of six weeks from the time Legislature next meets.

    How frequent is the use of ordinance route

    • In the 1950s, central ordinances were issued at an average of 7.1 per year.
    • The number peaked in the 1990s at 19.6 per year, and declined to 7.9 per year in the 2010s. 
    • The last couple of years has seen a spike, 16 in 2019, 15 in 2020, and four till now this year.
    • States have also been using the ordinance route to enact laws.
    • For example, in 2020, Kerala issued 81 ordinances, while Karnataka issued 24 and Maharashtra 21.
    • Kerala has also repromulgated ordinances.

    What the Supreme Court said

    • The issue was brought up in the Supreme Court through a writ petition by D.C. Wadhwa.
    • He found out that Bihar had issued 256 ordinances between 1967 and 1981, of which 69 were repromulgated several times, including 11 which were kept alive for more than 10 years.
    • A five-judge Constitution Bench of the Supreme Court, in 1986, ruled that repromulgation of ordinances was contrary to the Constitutional scheme.
    • The judgment did not stop the practice.
    • Instead, the Centre also started to follow the lead of Bihar.
    • For example, in 2013 and 2014, the Securities Laws (Amendment) ordinance was promulgated three times.
    • Similarly, an ordinance to amend the Land Acquisition Act was issued in December 2014, and repromulgated twice – in April and May 2015.
    • The matter came up again in the Supreme Court in  2017, a seven-judge Constitution Bench declared this practice to be unconstitutional and declared it to be a fraud on the Constitution.
    • Even this judgment has been ignored.
    • The Indian Medical Council Amendment Ordinance was issued in September 2018, and reissued in January 2019.

    Way forward

    • Ordinances are to tackle exigencies when the legislature is not in session, and expire at the end of six weeks of the next meeting of the legislature.
    • This time period is given for the legislature to decide whether such a law is warranted.
    • Repromulgation is not permitted as that would be a usurpation of legislative power by the executive.
    • As governments, both at the Centre and States, are violating this principle, the legislatures and the courts should check the practice.
    • By not checking this practice, the other two organs are also abdicating their responsibility to the Constitution.

    Consider the question “What are the issues with the repormulgation of ordinances by the government? Suggest the measures to deal with the issue.”

    Conclusion

    As the Supreme Court said, repromulgation would most certainly be a colourable exercise of power for the Government and it needs to be avoided.

  • The Election Commission of India cannot be a super government

    The article highlights the issue of lack of clarity on the extent of the power of the Election Commission of India.

    Where ECI derives its power from

    • Supreme Court held in Mohinder Singh Gill vs Chief Election Commissioner that Article 324 contains plenary powers to ensure free and fair elections.
    • These plenary powers are vested in the ECI which can take all necessary steps to achieve this constitutional object.
    • Thus, the model code of conduct has been issued in exercise of its powers under Article 324.
    • Besides the code, the ECI issues from time to time directions, instructions and clarifications on a host of issues which crop up in the course of an election.

    The model code of conduct

    • The model code of conduct issued by the ECI is a set of guidelines meant for political parties, candidates and governments to adhere to during an election.
    • This code is based on consensus among political parties.
    • The model code is observed by all stakeholders for fear of action by the ECI.
    • However, there exists a considerable amount of confusion about the extent and nature of the powers which are available to the ECI in enforcing the code as well as its other decisions in relation to an election.

    Issues with model code of conduct

    1) Issue of enforceability

    • As the code of conduct is framed on the basis of a consensus among political parties, it has not been given any legal backing.
    • A committee of Parliament recommended that the code should be made a part of the Representation of the People Act 1951.
    • However, the ECI did not agree to it on the ground that once it becomes a part of the law, all matters connected with the enforcement of the code will be taken to court, which would delay elections.
    • But then the question about the enforceability of the code remains unresolved.
    • Paragraph 16A of the Election Symbols (Reservation and Allotment) Order, 1968 says that the commission may suspend or withdraw recognition of a recognised political party if it refuses to observe the model code of conduct.
    • But it is doubtful whether this provision is legally sustainable.
    • When the code is legally not enforceable, how can the ECI resort to a punitive action such as withdrawal of recognition?

    2) Transfer of officials

    • Observers of ECI report to it about the conduct of certain officials of the States where elections are to be held.
    • Transfer of an official is within the exclusive jurisdiction of the government.
    • It is actually not clear whether the ECI can transfer a State government official in exercise of the general powers under Article 324 or under the model code.
    • Transfer of an official is within the exclusive jurisdiction of the government.
    • It is actually not clear whether the ECI can transfer a State government official in exercise of the general powers under Article 324 or under the model code.
    • Further, to assume that a police officer or a civil servant will be able to swing the election in favour of the ruling party is extremely unrealistic and naive.

    3) ECI’s intervention in administrative decisions

    • According to the model code, Ministers cannot announce any financial grants in any form, make any promise of construction of roads, provision of drinking water facilities, etc or make any ad hoc appointments in the government. departments or public undertakings.
    • These are the core guidelines relating to the government.
    • But in reality, no government is allowed by the ECI to take any action, administrative or otherwise, if the ECI believes that such actions or decisions will affect free and fair elections.
    • A recent decision of the ECI to stop the Government of Kerala from continuing to supply kits containing rice, pulses, cooking oil, etc is a case in point.
    • The Supreme Court had in S. Subramaniam Balaji vs Govt. of T. Nadu & Ors (2013) held that the distribution of colour TVs, computers, cycles, goats, cows, etc, done or promised by the government is in the nature of welfare measures and is in accordance with the directive principles of state policy, and therefore it is permissible during an election.
    • So, how can the distribution of essential food articles which are used to stave off starvation be electoral malpractice?

    Consider the question “The model code of conduct issued by the Election Commission of India is in the forms of guidelines and lacks legal backing. In light of this, examine the issues that arise due to the lack of legal backing.”

    Conclusion

    There is no doubt that the ECI, through the conduct of free and fair elections in an extremely complex country, has restored the purity of the legislative bodies. However, no constitutional body is vested with unguided and absolute powers.

  • Register of Indigenous Inhabitants of Nagaland (RIIN)

    An apex body of Naga tribes has asked the Nagaland government not to be hasty with the exercise to prepare the Register of Indigenous Inhabitants of Nagaland (RIIN), seen as a variant of Assam’s National Register of Citizens.

    Register of Indigenous Inhabitants of Nagaland (RIIN)

    • The Government of Nagaland has decided to set up a Register of Indigenous Inhabitants of Nagaland (RIIN) with the aim of preventing fake indigenous inhabitants’ certificates.
    • The RIIN will be the master list of all indigenous inhabitants of the state.

    How will the list be prepared?

    • The RIIN list will be based on “an extensive survey”.
    • It will involve official records of indigenous residents from rural and (urban) wards and would be prepared under the supervision of the district administration.
    • The preparation of the list will start from July 10, 2019, and the whole process will be completed within 60 days from the start.
    • Designated teams of surveyors will be formed within seven days from the date of publication of the notification, and thereafter these teams will be sent across each village and ward.
    • The database will note each family’s original residence, current residence as well as the concerned Aadhaar

    What is the review procedure?

    • Respondents will be given an opportunity to make their case before the authorities.
    • Eventually, respective Dy. Commissioners will adjudicate on the claims and objections based on official records and the evidence produced.
    • This process will be completed before December 10, 2019.

    Unique identity through Indigenous Inhabitant Certificate

    • Based on the adjudication and verification, a list of indigenous inhabitants will be finalised and each person will be given a unique ID.
    • The final list or the RIIN will be created and its copies will be placed in all villages and ward.
    • Electronic copies of the list will also be stored in the State Data Centre. A mechanism or electronic and SMS-based authentication will be put in place.
    • All indigenous inhabitants of the state would be issued a barcoded and numbered Indigenous Inhabitant Certificate.
    • The process will be conducted across Nagaland and will be done as part of the online system of Inner Line Permit (ILP), which is already in force in Nagaland.

    Back2Basics: Inner Line Permit (ILP)

    • ILP is an official travel document required by Indian citizens residing outside certain “protected” states while entering them.
    • The ILP is issued by the Govt. of India and is obligatory for all those who reside outside the protected states.
    • With the ILP, the government aims to regulate movement to certain areas located near the international border of India.
    • ILP’s origin dates back to the Bengal Eastern Frontier Regulations, 1873, which protected the British Crown’s interest in tea, oil and elephant trade.
    • It prohibited “British subjects” or Indians from entering these protected areas.
    • After Independence, in 1950, the word “British subjects” was replaced by Citizens of India and the focus of the ban on free movement was explained as a bid to protect tribal cultures in northeastern India.

  • Sushil Chandra appointed Chief Election Commissioner

    The President has appointed Election Commissioner Sushil Chandra to take over as Chief Election Commissioner.

    Chief Election Commissioner

    • The Chief Election Commissioner (CEC) of India heads the Election Commission of India.
    • The ECI is a body constitutionally empowered to conduct free and fair elections to the national and state legislatures and of President and Vice-President.
    • This power of the Election Commission of India is derived from Article 324 of the Constitution of India.
    • CEC of India is usually a member of the Indian Civil Service and mostly (not necessarily) from the Indian Administrative Service.

    His/ Her Removal

    • It is very difficult to remove the authority of the Chief Election Commissioner once appointed by the president.
    • The two-thirds of the Lok Sabha and the Rajya Sabha need to present and vote against him for disorderly conduct or improper actions.

  • What is Durbar Move?

    A tradition of a century and a half is set to be broken in Jammu and Kashmir, with only “sensitive records” being taken from Jammu to Srinagar this summer during the “Durbar Move”.

    Discuss the feasibility, benefits and constraints caused by multiple administrative capitals in Indian states with special context to Jammu and Kashmir and the state of Andhra Pradesh. (250W)

    Durbar Move

    • Durbar Move is a bi-annual shifting of the Civil Secretariat and other offices of the state government from Jammu to Srinagar in summer, and vice versa in winter.
    • This is done as Jammu & Kashmir has two capitals: Kashmir during summer and Jammu during winter.
    • In Jammu, offices shut on the last Friday and Saturday of April and reopen in Srinagar on the first Monday after a gap of a week.
    • In Kashmir, offices shut on the last Friday and Saturday of October, to reopen in Jammu on the first Monday after a week’s gap, in November.

    The reasons why

    • Durbar Move is a tradition started 149 years ago started by the erstwhile Dogra rulers who hailed from Jammu but had expanded their boundaries to Kashmir including what is now Pakistan-occupied Kashmir, and Ladakh.
    • Jammu, Kashmir and Ladakh are very different from one another geographically, linguistically and culturally, and in those days were poorly connected by road.
    • It is generally understood that the Durbar Move was started to take the administration to the doorstep of the people of Kashmir which is closer to Ladakh.
    • During summer, ruling from Kashmir also helped in ensuring adequate supplies to Ladakh, which is closer to Kashmir than Jammu, before the winter snowfall would cut off Ladakh.
    • The practice also enabled greater interaction and bonding among the people of Jammu, Kashmir and Ladakh.

    The effort

    • Until 2019, the administration used to engage hundreds of trucks and buses for carrying office records and officials from one capital city to another.
    • For safe transportation, the Jammu & Kashmir police and paramilitary forces would dominate the entire Jammu-Srinagar national highway.
    • Apart from the expenses incurred on hiring trucks and buses, the moving staff also used to be paid TA and DA, besides arrangements for their accommodation.

    The criticism

    • Voices of protest started during the late 1980s, over the amount of money and time spent on the exercise.
    • However, the practice also enjoyed public support.
    • In recent years, many criticised the government for spending nearly Rs 200 crore on this exercise every year when it did not have enough funds even to pay salary to its employees.
    • Last year, the Jammu & Kashmir High Court observed that there was no legal justification or constitutional basis for the Darbar Move tradition.
    • The court recommended that in case the practice was rationalized, the resources and time saved could be utilized towards the welfare and development of the UT.
    • The money saved could also be used to address Covid-related issues like food shortage, unemployment and healthcare.

    What next?

    • The UT government has decided to switch to e-governance, will all office records converted into digital format.
    • As a result, while the Secretariat employees and some offices will move from Jammu to Srinagar, as usual, this year, only sensitive records will be shifted from one place to another.

  • Central Vigilance Commission (CVC)

    The CVC has modified the guidelines pertaining to the transfer and posting of officials in the vigilance units of government organisations, restricting their tenure to three years at one place.

    Revise all statutory and constitutional bodies from your Polity Book at least 2-3 times before the prelims.

    Central Vigilance Commission (CVC)

    • CVC is an apex governmental body created in 1964 to address governmental corruption.
    • In 2003, the Parliament enacted a law conferring statutory status on the CVC.
    • It has the status of an autonomous body, free of control from any executive authority, charged with monitoring all vigilance activity under the Central Government of India.
    • It advises various authorities in central Government organizations in planning, executing, reviewing and reforming their vigilance work.

    Its establishment

    • It was set up by the Government Resolution on 11 February 1964, on the recommendations of the Committee on Prevention of Corruption, headed by Shri K. Santhanam.
    • N Srinivasa Rau was selected as the first Chief Vigilance Commissioner of India.

    Composition

    • The Commission shall consist of:
    1. A Central Vigilance Commissioner – Chairperson;
    2. Not more than two Vigilance Commissioners – Members.
    • The CVC and other VCs shall be appointed by the President on the recommendation of a Committee consisting of the PM (Chairperson), the Minister of Home Affairs (Member) and the Leader of the Opposition in the House of the People (Lok Sabha).

  • Supreme Court Portal for Assistance in Court’s Efficiency (SUPACE)

    The Supreme Court has unveiled its Artificial Intelligence (AI) portal SUPACE, designed to make research easier for judges, thereby easing their workload.

    SUPACE

    • A pet project of the former Chief Justice of India S A Bobde, the SUPACE is a tool that collects relevant facts and laws and makes them available to a judge.
    • The Supreme Court’s system is not designed to take decisions, but only to process facts and to make them available to judges looking for input for a decision.
    • The CJI had then said that AI is to the intellect, what muscle memory is to the mind.

    Its’ utility

    • SUPACE will produce results customized to the need of the case and the way the judge thinks.
    • This will be time-saving. It will help the judiciary and the court in reducing delays and pendency of cases.
    • AI will present a more streamlined, cost-effective and time-bound means to the fundamental right of access to justice.
    • It will make the service delivery mechanism transparent and cost-efficient.