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Subject: Polity

  • [pib] National Commission for Women

    The Central Government has nominated Smt. Rekha Sharma, as Chairperson of the National Commission for Women for another term of three years.

    National Commission for Women

    • The NCW is the statutory body generally concerned with advising the government on all policy matters affecting women.
    • It was established on 31 January 1992 under the provisions of the Indian Constitution as defined in the 1990 National Commission for Women Act.
    • The first head of the commission was Jayanti Patnaik.

    Constitutional provision

    • The Indian Constitution doesn’t contain any provision specifically made to favor women intrinsically.
    • Article 15 (3), Article 14 and Article 21 protect and safeguard women. They are more gender-neutral.

    Objectives

    • The objective of the NCW is to represent the rights of women in India and to provide a voice for their issues and concerns.
    • The subjects of their campaigns have included dowry, politics, religion, equal representation for women in jobs, and the exploitation of women for labor.
    • They have also discussed police abuses against women.

    Composition of National Commission for Women

    The Commission shall consist of:

    • A Chairperson, committed to the cause of women, to be nominated by the Central Government.
    • five Members to be nominated by the Central Government from amongst persons of ability, integrity and standing who have had experience in law or legislation, trade unionism, management of an industry potential of women, women’s voluntary organizations (including women activist), administration, economic development, health, education or social welfare;
    • Provided that at least one Member each shall be from amongst persons belonging to the Scheduled Castes and Scheduled Tribes respectively;

    Powers of NCW

    • Provide consultation on all major policy matters that affect women.
    • Issuing summons for the examination of documents and the witnesses.
    • It has the power to make any public record.
    • Receiving evidence on affidavits
    • Discovery and production of documents
    • Summoning and enforcement

    Functions of the NCW

    • Presentation of reports: Table reports should be submitted to the Central Government every year. When the commission feels it’s appropriate. The reports upon the functioning and working of the safeguards.
    • Investigation and Examination: There should be proper investigation and examination made under the Constitution and other laws. This is related to the protection of the rights of women.
    • Review of laws: Constantly all laws are reviewed and scrutinized. And necessary amendments and alterations are made to meet the needs of the current world.
    • Cases of Violation: Ensure there is no violation against women and taking due care of such cases.
    • Suo Motu Notice: It takes care of complaints and also suo motu matters about the deprivation of rights of women. Implementation of laws favoring the welfare of women.
    • Evaluation: Assessing the development and the progress of the women community under the Center and State level.
    • Special studies and investigation: To understand the limitations in the system and curb it with strategic plans and mechanisms.

    Powers of the NCW

    • Not concrete powers: The NCW is only recommendatory and has no power to enforce its decisions. Often it takes action only if the issues are brought to light.
    • Legal powers: Commission lacks constitutional status, and thus has no legal powers to summon police officers or witnesses.
    • Less funding: NCW’s functions are dependent on the grants offered by the central government. Financial assistance provided to the Commission is very less to cater to its needs.
    • Political interference: It does not have the power to choose its own members.

  • Honour of the National Flag

    Ahead of Independence Day, the Centre has urged all citizens not to use a national flag made up of plastic and asked states and Union Territories to ensure strict compliance with the flag code.

    Prevention of Insults to National Honour Act

    • The law, enacted on December 23, 1971, penalizes the desecration of or insult to Indian national symbols, such as the National Flag, the Constitution, the National Anthem, and the Indian map, as well as contempt of the Constitution of India.
    • Section 2 of the Act deals with insults to the Indian National Flag and the Constitution of India.

    Do you know?

    Article 51 ‘A’ contained in Part IV A i.e. Fundamental Duties asks:

    To abide by the constitution and respect its ideals and institutions, the National Flag and the National Anthem in clause (a).

    Other provisions

    • Section 3.22 of The Flag Code of India, 2002 deals with laws, practices and conventions that apply to the display of the national flag.
    • Section 3.58 says: On occasions of State/Military/Central Paramilitary Forces funerals, the flag shall be draped over the bier or coffin with the saffron towards the head of the bier or coffin.
    • The Flag shall not be lowered into the grave or burnt in the pyre.

    Try this

    Q.The national motto of India, ‘Satyameva Jayate’ inscribed below the Emblem of India is taken from:

    (a) Katha Upanishad

    (b) Chandogya Upanishad

    (c) Aitareya Upanishad

    (d) Mundaka Upanishad

    [wpdiscuz-feedback id=”bqrsust0mi” question=”Please leave a feedback on this” opened=”1″]Answer this PYQ here: [/wpdiscuz-feedback]

    Use of flag in funerals

    • The flag can only be used during a funeral if it is accorded the status of a state funeral.
    • Apart from police and armed forces, state funerals are held when people who are holding or have held the office of President, Vice-President, PM, Cabinet Minister, or state CM pass away.
    • The status of a state funeral can be accorded in case of death of people not belonging to the armed forces, police or the above-mentioned categories by the state government.
    • Then too, the national flag can be used.

    Disposing of the national flag

    • A/c to the Flag Code, such paper flags are not to be discarded or thrown on the ground after the event.
    • Such flags are to be disposed of, in private, consistent with the dignity of the flag.

    Back2Basics:

    Story of our National Flag

     

  • 127th Constitutional Amendment Bill

    The Government will bring the 127th Amendment Bill to Parliament to clarify “some provisions in the 102nd Constitutional amendment Bill” to restore the power of the states to identify backward classes — a demand made by a number of regional parties and even the ruling party’s own OBC leaders.

    Try answering:

    Q. Consider the following statements:

    1. An amendment to the Constitution of India can be initiated by an introduction of a bill in the Lok Sabha only.
    2. If such an amendment seeks to make changes in the federal character of the Constitution, the amendment also requires to be ratified by the legislature of all the States of India.

    Which of the statements given above is/are correct? (CSP 2013)

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

     

    [wpdiscuz-feedback id=”q7zfr0mjpa” question=”Please leave a feedback on this” opened=”1″][/wpdiscuz-feedback]

    127th Constitutional Amendment Bill

    • The Constitutional 127th Amendment Bill will amend Articles 342 A — clauses 1 and 2 — and will introduce clause 342 A (3) specifically authorizing states to maintain their State List.
    • There will be a consequential amendment in Articles 366(26C) and 338B (9). States will then be able to directly notify OBC and SEBCs without having to refer to the NCBC.
    • There has been some confusion about what comprises a state and Central list, and this clause will clarify that.

    Why need amendment?

    • The Centre had earlier moved a review petition in the Supreme Court challenging the court’s interpretation of the 102nd amendment of the Constitution in the Maratha reservation judgment.
    • The 102nd CA had scrapped the power of the states to identify and notify socially and educationally backward classes.
    • The move is politically significant as the govt is banking heavily on OBC votes in key states that go to the polls next year.

    About the 102nd CAA

    • The 102nd  CAA, 2018 has given constitutional status to the National Commission for Backward Classes (NCBC).
    • With this, NCBC gets powers to examine the grievances in the implementation of the various welfare schemes meant for OBCs.
    • The status of the Central list of OBCs has been elevated by giving constitutional status to the list.
    • It has given powers to the Parliament to make changes in the Central OBC list.

    Back2Basics: Constitutional Amendment

    • Amending the Constitution of India is the process of making changes to the nation’s fundamental law or supreme law.
    • The procedure of amendment in the constitution is laid down in Part XX (Article 368) of the Constitution of India.
    • There is a limitation imposed on the amending power of the constitution of India.
    • The most famous among them is the Basic structure doctrine as laid down by the Supreme Court in the case of Kesavananda Bharati v. State of Kerala (1973).

    Procedure

    • An amendment of the Constitution can be initiated only by the introduction of a Bill in either House of Parliament.
    • The Bill must then be passed in each House by a majority of the total membership of that House and by a special majority of not less than two-thirds of the members present and voting.
    • There is no provision for a joint sitting in case of disagreement between the two Houses.
    • If the amendment seeks to make any change in any of the provisions mentioned in the provision to article 368, it must be ratified by the Legislatures of not less than one-half of the States.
    • Although there is no prescribed time limit for ratification, it must be completed before the amending Bill is presented to the President for his assent.

    Types:

    1. Simple majority of the Parliament: Creation of new states, Delimitation of constituencies etc.
    2. Special majority of the Parliament: for Fundamental rights and DPSPs
    3. Special majority of the Parliament and the ratification of at least half of the state legislatures: Election of the President and its manner, Supreme Court and high courts etc.

  • Resolving the Assam-Mizoram issue

    Context

    The violent stand-off between the Assam and Mizoram armed policemen at Vairengte in Mizoram, on July 26, took six lives and left over 50 injured is the culmination of a long-standing border dispute.

    History of the boundary issue

    • The ‘inner line’ boundary of the Lushai hills was ‘fixed’ in 1875 on the southern border of Assam’s Cachar district.
    • In line with the colonial practice of ‘fixing’ borders, this boundary was however not ‘precise’ as it was drawn largely using natural markers such as rivers and hills.
    • In post-independent India, the Mizoram government has accepted this boundary in preference over the subsequent revisions made by the colonial government.
    • There was a change in boundary when the Inner Line Permit under the Bengal Eastern Frontier Regulation, 1873 was extended to the Lushai hills district in 1930 and 1933.
    • The Mizoram government perceives that the boundary instituted by these revisions amounted to unilateral superimposition.
    • These revisions are also seen to conspicuously fail to recognise the Mizo’s long-standing historical rights to use the un-demarcated southern border of Cachar as their hunting ground, for jhum cultivation, and as sites of their resource extraction including rubber and timber.
    • However, considering that borders cannot be driven by perception but by institutionalised rules and laws, Assam’s government continues to refuse to accept Mizoram’s standpoint.
    • The Assam government considers Mizo plantation and settlements in the Inner Line Reserve Forest areas as an ‘encroachment’.

    People-centric Vs. State-centric approach in dispute

    • At the heart of this dispute is the contending approaches of the Assam and Mizoram governments to ‘borders’, namely ‘state-centric and ‘people-centric approaches.
    • The Assam government represent a continuum of the colonial ‘state-centric’ approach to borders which gives premium to legal, juridical and administrative recognition and protection of the border.
    • The Mizoram government advocate a ‘people-centric approach seeks to give a premium to the historical and traditional rights of the local indigenous people.
    • The Mizoram government also advocate the principle of uti possidetis juris (‘as you possess under law’, including customary law) on the other hand.

    Way forward

    • Historical context: Fixing the Assam-Mizoram border and resolve the dispute need to be sensitive to the historical context.
    • Deep historical knowledge, sensitivity and an accommodative spirit need to inform dialogue and negotiation under the neutral supervision of the Centre.
    • Inter-governmental forum: It is about time that the Centre sets up a permanent inter-governmental forum to involve important stakeholders in order to effectively manage border and territorial conflicts.
    • Quick-fix solution should be avoided: Any quick-fix solution driven by temporal electoral considerations should be avoided if we were to resuscitate and sustain interdependent Assam-Mizoram borders and beyond.

    Conclusion

    The resolution should be sensitive to the possibility of fluid and overlapping sovereignty, where forest ‘commons’ are seen not simply as sites of revenue-extraction but as powerful symbols of identity and sustainable livelihood resources for the local people.

  • CJI recuses himself from Andhra-Telangana Case

    The Chief Justice of India (CJI) N V Ramana (who hails from AP) recused himself from hearing Andhra Pradesh’s plea after it said “no” to the Supreme Court’s suggestion to go for mediation over a dispute with Telangana over the Krishna River dispute.

    Q. Can you list down some basic principles of judicial conduct?

    Independence, Impartiality, Integrity, Propriety, Competence and diligence and Equality are some of them as listed under the Bangalore Principles of Judicial Conduct.

    What is the Recusal of Judges?

    • Recusal is the removal of oneself as a judge or policymaker in a particular matter, especially because of a conflict of interest.
    • Recusal usually takes place when a judge has a conflict of interest or has a prior association with the parties in the case.
    • For example, if the case pertains to a company in which the judge holds stakes, the apprehension would seem reasonable.
    • Similarly, if the judge has, in the past, appeared for one of the parties involved in a case, the call for recusal may seem right.
    • A recusal inevitably leads to delay. The case goes back to the Chief Justice, who has to constitute a fresh Bench.

    Rules on Recusals

    • There are no written rules on the recusal of judges from hearing cases listed before them in constitutional courts.
    • It is left to the discretion of a judge.
    • The reasons for recusal are not disclosed in an order of the court. Some judges orally convey to the lawyers involved in the case their reasons for recusal, many do not. Some explain the reasons in their order.
    • The decision rests on the conscience of the judge. At times, parties involved raise apprehensions about a possible conflict of interest.

    Issues with recusal

    • Recusal is also regarded as the abdication of duty. Maintaining institutional civilities is distinct from the fiercely independent role of the judge as an adjudicator.
    • In his separate opinion in the NJAC judgment in 2015, Justice Kurian Joseph highlighted the need for judges to give reasons for recusal as a measure to build transparency.
    • It is the constitutional duty, as reflected in one’s oath, to be transparent and accountable, and hence, a judge is required to indicate reasons for his recusal from a particular case.

    Back2Basics:

    https://www.civilsdaily.com/news/krishna-water-dispute/

  • [pib] Fast Track Special Courts

    The Union Cabinet has approved the continuation of 1023 Fast Track Special Court (FTSCs) including 389 exclusive POCSO Courts for two more years.

    Fast Track Special Courts

    • Fast Track Special Courts are dedicated courts expected to ensure swift dispensation of justice.
    • They have a better clearance rate as compared to the regular courts and hold speedy trials.
    • Besides providing quick justice to the hapless victims, it strengthens the deterrence framework for sexual offenders.
    • Central Share is to be funded from Nirbhaya Fund. The Scheme was launched on 02.10.2019.
    • To bring more stringent provisions and expeditious trial and disposal of such cases, the Central Government enacted “The Criminal Law (Amendment) Act, 2018”.
    • It made provision of stringent punishment including the death penalty for perpetrators of rape.
    • This led to the establishment of the Fast Track Special Courts (FTSCs).

     Note: Article 247 gives power to Parliament to establish certain additional courts for the better administration of laws made by it or of any existing laws with respect to a matter enumerated in the Union List.

    Benefits offered by fast track courts

    • Further the commitment of the Nation to champion the cause of safety and security of women and girl child.
    • Reduce the number of pending cases of Rape & POCSO Act.
    • Provide speedy access to justice to the victims of sexual crimes and act as a deterrent for sexual offenders.
    • Fastracking of these cases will declog the judicial system of the burden of case pendency.

  • Governors can pardon death row: Supreme Court

    The Supreme Court has held that the Governor of a State can pardon prisoners, including death row ones, even before they have served a minimum of 14 years of a prison sentence.

    SC Judgement: Section 433-A CrPC

    • The Governor’s power to pardon overrides a provision in the Code of Criminal Procedure — Section 433A.
    • This article mandates that a prisoner’s sentence can be remitted only after 14 years of jail.
    • Such power is in the exercise of the power of the sovereign, though the Governor is bound to act on the aid and advice of the State Government, the apex court observed.
    • Section 433-A of the Code cannot and does not in any way affect the constitutional power conferred on the President/Governor to grant pardon under Articles 72 or 161 of the Constitution.

    What does one mean by Pardon?

    • A pardon is a government/executive decision to allow a person to be absolved of guilt for an alleged crime or other legal offense as if the act never occurred.

    Why need Pardon?

    • Pardons can be granted when individuals are deemed to have demonstrated that they have “paid their debt to society”, or are otherwise considered to be deserving of them.
    • Pardons are sometimes offered to persons who were either wrongfully convicted or who claim that they were wrongfully convicted.
    • Pardons are sometimes seen as a mechanism for combating corruption, allowing a particular authority to circumvent a flawed judicial process to free someone that is seen as wrongly convicted.

    Pardoning powers in India

    • Under the Constitution of India (Article 72), the President of India can grant a pardon or reduce the sentence of a convicted person, particularly in cases involving capital punishment.
    • A similar and parallel power vests in the governors of each state under Article 161.

    [I] President

    1. Article 72 says that the president shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offense.
    2. The pardoning powers of the Indian President are elucidated in Art 72 of the Indian Constitution. There are five different types of pardoning that are mandated by law.
    • Pardon: means completely absolving the person of the crime and letting him go free. The pardoned criminal will be like a normal citizen.
    • Commutation: means changing the type of punishment given to the guilty into a less harsh one, for example, a death penalty commuted to a life sentence.
    • Reprieve: means a delay allowed in the execution of a sentence, usually a death sentence, for a guilty person to allow him some time to apply for Presidential Pardon or some other legal remedy to prove his innocence or successful rehabilitation.
    • Respite: means reducing the quantum or degree of the punishment to a criminal in view of some special circumstances, like pregnancy, mental condition etc.
    • Remission: means changing the quantum of the punishment without changing its nature, for example reducing twenty-year rigorous imprisonment to ten years.

    Cases as specified by art. 72

    • in all cases where the punishment or sentence is by a court-martial;
    • in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends;
    • in all cases where the sentence is a sentence of death.

    [II] Governor

    • Similarly, as per article 161: Governor of a State has the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law.
    • It must be relating to a matter to which the executive power of the state extends.
    • President can grant pardon to a person awarded a death sentence. But a governor of a state does not enjoy this power.

    Nature of the Pardoning Power

    • Not absolute: The question is whether this power to grant pardon is absolute or this power of pardon shall be exercised by the President on the advice of Council of Ministers.
    • Aid and advice: The pardoning power of the president is not absolute. It is governed by the advice of the Council of Ministers.
    • Constitution is silent on this: This has not been discussed by the constitution but is the practical truth. Further, it does not provide for any mechanism to question the legality of decisions of President or governors exercising mercy jurisdiction.
    • Judicial review applicable: But the SC in Epuru Sudhakar case has given a small window for judicial review of the pardon powers of President and governors for the purpose of ruling out any arbitrariness.

    Some traditions

    • It is important to note that India has a unitary legal system and there is no separate body of state law.
    • All crimes are crimes against the Union of India.
    • Therefore, a convention has developed that the governor’s powers are exercised for only minor offenses.
    • While requests for pardons and reprieves for major offenses and offenses committed in the UTs are deferred to the President.

  • Tribunals Reforms Bill, 2021

    The Lok Sabha has hastily passed the Tribunals Reforms Bill, 2021 without any debate.

    Highlights of the Tribunals Reforms Bill, 2021

    The Bill seeks to dissolve certain existing appellate bodies and transfer their functions (such as adjudication of appeals) to other existing judicial bodies:

    Transfer of functions of key appellate bodies as proposed under the Bill:

    Acts

    Appellate Body

    Proposed Entity
    The Cinematograph Act, 1952 Appellate Tribunal High Court
    The Trade Marks Act, 1999 Appellate Board High Court
    The Copyright Act, 1957 Appellate Board Commercial Court or the Commercial Division of a High Court*
    The Customs Act, 1962 Authority for Advance Rulings High Court
    The Patents Act, 1970 Appellate Board High Court
    The Airports Authority of India Act, 1994 Airport Appellate Tribunal
    • Central government, for disputes arising from the disposal of properties left on airport premises by unauthorised occupants.
    • High Court, for appeals against orders of an eviction officer.
    The Control of National Highways (Land and Traffic) Act, 2002 Airport Appellate Tribunal Civil Court#
    The Geographical Indications of Goods (Registration and Protection) Act, 1999 Appellate Board High Court

     

    Amendments to the Finance Act, 2017:

    • The Finance Act, 2017 merged tribunals based on domain.
    • It also empowered the central government to notify rules on: (i) composition of search-cum-selection committees, (ii) qualifications of tribunal members, and (iii) their terms and conditions of service (such as their removal and salaries).
    • The Bill removes these provisions from the Finance Act, 2017.
    • Provisions on the composition of selection committees and term of office have been included in the Bill. Qualification of members and other terms and conditions of service will be notified by the central government.

  • [pib] Sabki Yojna Sabka Vikas Campaign

    The Government has launched ‘Sabki Yojna Sabka Vikas’ campaign for inclusive and holistic preparation of the Gram Panchayat Development Plan (GPDP).

    Sabki Yojna Sabka Vikas

    • Under Article 243 G of the Constitution, Panchayats have been mandated for the preparation and implementation of plans for economic development and social justice.
    • Thus, Panchayats have a significant role to play in the effective and efficient implementation of flagship schemes/programs on subjects of national importance for transforming rural India.
    • The objectives of the campaign broadly include strengthening of elected representatives and Self-Help Groups, evidence-based assessment of progress made.
    • The campaign aimed to help Gram Panchayats (GPs) in preparation of convergent and holistic GPDP through the identification of sectoral infrastructural gaps in respective areas.

    Back2Basics: Gram Panchayat Development Plan (GPDP)

    • The Gram Panchayats are constitutionally mandated for the preparation of GPDP for economic development and social justice utilizing resources available with them.
    • The GPDP should be comprehensive and based on a participatory process involving the community particularly Gram Sabha.
    • It will be in convergence with schemes of all related Central Ministries / Line Departments related to 29 subjects listed in the Eleventh Schedule of the Constitution.

  • Disruption of Parliament

    Context

    Last week, a newspaper reported that the government is considering curtailing the monsoon session of Parliament on account of disruptions.

    Reasons for disruptions

    • In 2001, a day-long conference was held in the Central Hall of Parliament to discuss discipline and decorum in legislatures.
    • The inputs of participants of conference helped identify four reasons behind the disorderly conduct by MPs.
    • Inadequate time: The first was dissatisfaction in MPs because of inadequate time for airing their grievances.
    • Unresponsive attitude: The second was an unresponsive attitude of the government and the retaliatory posture of the treasury benches.
    • Adherence to norm: The third was political parties not adhering to parliamentary norms and disciplining their members.
    • Lack of action: The absence of prompt action against disrupting MPs under the legislature’s rules.

    Suggestions

    • Enforcement of a code of conduct for MPs and MLAs: The Lok Sabha has had a simple code of conduct for its MPs since 1952.
    • Newer forms of protest led to the updating of these rules in 1989.
    • Accordingly, members should not shout slogans, display placards, tear away documents in protest, play cassettes or tape recorders in the House.
    • A new rule empowers the Lok Sabha Speaker to suspend MPs obstructing the Houses’ business automatically.
    • But these suggestions have not been enforced so far.
    • Increase in working days: As recommended by the 2001 conference, there should be an increase in the working days of Parliament.
    • The conference had also resolved that Parliament should meet for 110 days every year and larger state legislative assemblies for 90 days.
    • Successive governments have shied away from increasing the working days of Parliament.
    • Our legislature should meet throughout the year, like parliaments of most developed democracies.
    • The concept of opposition days: In the United Kingdom, where Parliament meets over 100 days a year, opposition parties get 20 days on which they decide the agenda for discussion in Parliament.
    • The main opposition party gets 17 days and the remaining three days are given to the second-largest opposition party.
    • Canada also has a similar concept of opposition days.
    • This can also be done in India.

    Conclusion

    More strengthening of our Parliament is the solution to prevent disruption of its proceedings. It is the only mechanism to ensure that disrupting its proceedings or allowing them to be disrupted ceases to be a viable option.