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Subject: Polity

  • History of Tulu and the demand for Official Language Status

    Various organizations have initiated a Twitter campaign demanding official language status to Tulu in Karnataka and Kerala and received an overwhelming response.

    Answer this PYQ in the comment box:

    Q.Consider the following languages:

    1. Gujarati
    2. Kannada
    3. Telugu

    Which of the above has/have been declared as ‘Classical Language / Languages’ by the Government?

    (a) 1 and 2 only

    (b) 3 only

    (c) 2 and 3 only

    (d) 1, 2 and 3

    Who all speak Tulu in India now and what is its history?

    • Tulu is a Dravidian language spoken mainly in two coastal districts Dakshina Kannada and Udupi of Karnataka and Kasaragod district of Kerala.
    • As per the 2011 Census report, there are 18,46,427 Tulu-speaking people in India. Some scholars suggest Tulu is among the earliest Dravidian languages with a history of 2000 years.
    • Robert Caldwell (1814-1891), in his book, A Comparative Grammar of the Dravidian or South-Indian Family of Languages, called Tulu “one of the most highly developed languages of the Dravidian family”.

    So what exactly is the demand by Tulu speakers?

    • The Tulu speakers, mainly in Karnataka and Kerala, have been requesting the governments to give it official language status and include it in the eighth schedule to the Constitution.
    • Assamese, Bengali, Gujarati, Hindi, Kannada, Kashmiri, Konkani, Malayalam, Manipuri, Marathi, Nepali, Oriya, Punjabi, Sanskrit, Sindhi, Tamil, Telugu, Urdu, Bodo, Santhali, Maithili and Dogri are the 22 languages presently in the eighth schedule.

    Tulu art, culture and cinema

    • Tulu has a rich oral literature tradition with folk-song forms like paddana, and traditional folk theatre yakshagana.
    • Tulu also has an active tradition of cinema with around 5 to 7 Tulu language movies produced a year.
    • Tulu films are being screened every day in Mangaluru and Udupi in at least one theatre.

    What is the present status of Tulu?

    • According to Karnataka Tulu Sahitya Academy president Dayananda G Kathalsar,
    • People who speak Tulu are confined to the above-mentioned regions of Karnataka and Kerala, informally known as Tulu Nadu.
    • At present, Tulu is not an official language in the country.
    • Efforts are being made to include Tulu in the eighth schedule of the Constitution.
    • If included in the eighth schedule, Tulu would get recognition from the Sahitya Akademi.

    Back2Basics: Eighth Schedule to the Indian Constitution

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

    ‘Classical’ languages in India

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

    How are they classified?

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

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

  • What is Breach of Privilege motion?

    An MP has filed a breach of privilege motion against the Lakshadweep Administrator for denying him permission to visit the islands, preventing him from meeting his cadre and people of the island.

    Breach of Privilege

    • The powers, privileges and immunities of either House of the Indian Parliament and of its Members and committees are laid down in Article 105 of the Constitution.
    • Article 194 deals with the powers, privileges and immunities of the State Legislatures, their Members and their committees.
    • Parliamentary privilege refers to the right and immunity enjoyed by legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made in the course of their legislative duties.

    Answer this PYQ in the comment box:

    Q.With reference to the Parliament of India, which of the following Parliamentary Committees scrutinizes and reports to the House whether the powers to make regulations, rules, sub-rules, by-laws etc. conferred by the constitution of delegated by the Parliament are being properly exercised by the Executive within the scope of such delegation?

    (a) Committee on Government Assurances

    (b) Committee on Subordinate Legislation

    (c) Rules Committee

    (d) Business Advisory Committee

    What constitutes a breach of this privilege?

    • While the Constitution has accorded special privileges and powers to parliamentarians and legislators to maintain the dignity and authority of the Houses, these powers and privileges are not codified.
    • Thus, there are no clear, notified rules to decide what constitutes a breach of privilege, and the punishment it attracts.
    • Any act that obstructs or impedes either House of the state legislature in performing its functions, or which obstructs or impedes any Member or Officer of such House in the discharge of his duty, or has a tendency, directly or indirectly, to produce such results is treated as a breach of privilege.
    • It is a breach of privilege and contempt to print or publish libel reflecting on the character or proceedings of the House or its Committees or on any member of the House for or relating to his character or conduct as a legislator.

    Procedure followed in cases of an alleged breach

    • The Legislative Assembly Speaker or Legislative Council Chairman constitutes a Privileges Committee consisting of 15 members in the Assembly and 11 members in the Council.
    • The members to the committee which has quasi-judicial powers are nominated based on the party strength in the Houses.
    • The Speaker or Chairman first decides on the motions.
    • If the privilege and contempt are found prima facie, then the Speaker or Chairman will forward it to the Privileges Committee by following the due procedure.
    • At present, there is no Privileges Committee in either House of the state legislature.
    • The Committee will seek an explanation from all the concerned, will conduct an inquiry and will make a recommendation based on the findings to the state legislature for its consideration.

  • Holding states to account

    The article highlights the excessive focus on the Union government and the lack of scrutiny of the functioning of the States in various areas.

    Need for focus on the States

    • In discussions on reforms or debates about public expenditure, there is an excessive focus on the Union government.
    • This focus reflects our mindset that there is a “Centre”, though constitutionally, there is no “Centre”. There is the Union government.
    • There is not as much interest in State Finance Commissions and their recommendations as it is in the Union Finance Commission’s recommendations.
    • Alternatively, there is limited scrutiny of state-level expenditure, or fiscal devolution and decentralisation of decision-making within states, or tracking functioning of state legislatures.
    • Most factor markets we seek to reform are on the concurrent list or the state list.

    The Annual Review of State Laws 2020: Key findings

    • PRS Legislative Research published this report and it focuses on the legislative work performed by states in the calendar year 2020.
    • The annual review has been done in the pandemic year as 2020 saw the first wave of the pandemic.
    • It covers 19 state legislatures, including the Union territory of Delhi, which together accounts for 90 per cent of the population of the country.

    1) Low Productivity

    • As a benchmark, the Parliament met for 33 days in 2020.
    • Pre-2020, these 19 states met for an average of 29 days a year.
    • In 2020, they met for an average of 18 days.
    • When they met in 2020, States passed an average of 22 Bills (excluding Appropriation Bills).
    • Karnataka passed 61 Bills, the highest in the country.
    • The lowest was Delhi which passed one Bill, followed by West Bengal and Kerala, which passed two and three Bills respectively.

    2) States pass Bills without scrutiny

    • The report states that the State legislatures pass most Bills without detailed scrutiny.
    • In 2020, 59 per cent of the Bills were passed on the same day that they were introduced in the legislature.
    • A further 14 per cent were passed within a day of being introduced.
    • In Parliament, Bills are often referred to Parliamentary Standing Committees for detailed examination.
    • In most states, such committees are non-existent.

    3) Information not shared by the legislature

    • Information and data on state legislatures is not easily available.
    • While some state legislatures publish data on a regular basis, many do not have a systematic way of reporting legislative proceedings and business.”
    • Typically, information becomes available when countervailing pressure is generated.
    • Reports like this help to do that.

    Consider the question “In discussions on reforms, or debates about public expenditure, there is an excessive focus on the Union government. However, on reforms and public expenditures, we also need to focus on scrutinising the states”. Comment.

     

    Conclusion

    Scrutinising States on various areas of their functioning is important to hold them accountable. The availability of data from state legislatures is an opportunity to monitor them better.

     

  • Autonomous Councils in India

    The Rengma Nagas in Assam have written to Union Home Minister demanding an autonomous district council amid a decision by the Central and the State governments to upgrade the Karbi Anglong Autonomous Council (KAAC) into a territorial council.

    Karbi Anglong Autonomous Council

    • KAAC is an autonomous district council in the state of Assam, India for the development and protection of tribals living in area namely Karbi Anglong and West Karbi Anglong district.
    • The council is constituted under the Sixth Schedule of the Constitution of India and administratively functions under the Government of Assam.

    Answer this PYQ in the comment box:

    Q.The Government enacted the Panchayat Extension to Scheduled Areas (PESA) Act in 1996. Which one of the following is not identified as its objective?

    (a) To provide self-governance

    (b) To recognize traditional rights

    (c) To create autonomous regions in tribal areas

    (d) To free tribal people from exploitation

    What are such Autonomous Council?

    • The Sixth Schedule of the Constitution of India allows for the formation of autonomous administrative divisions which have been given autonomy within their respective states.
    • Most of these autonomous district councils are located in North East India but two are in Ladakh, a region administered by India as a union territory.
    • Presently, 10 Autonomous Councils in Assam, Meghalaya, Mizoram and Tripura are formed by virtue of the Sixth Schedule with the rest being formed as a result of other legislation.

    Powers and competencies

    Under the provisions of the Sixth Schedule, autonomous district councils can make laws, rules and regulations in the following areas:

    • Land management
    • Forest management
    • Water resources
    • Agriculture and cultivation
    • Formation of village councils
    • Public health
    • Sanitation
    • Village and town level policing
    • Appointment of traditional chiefs and headmen
    • Inheritance of property
    • Marriage and divorce
    • Social customs
    • Money lending and trading
    • Mining and minerals

    Judicial powers

    • Autonomous district councils have powers to form courts to hear cases where both parties are members of Scheduled Tribes and the maximum sentence is less than 5 years in prison.

    Taxation and revenue

    • Autonomous district councils have powers to levy taxes, fees and tolls on; building and land, animals, vehicles, boats, entry of goods into the area, roads, ferries, bridges, employment and income and general taxes for the maintenance of schools and roads.

  • Appointment of Election Commissioners

    President Ram Nath Kovind on Tuesday appointed of Anup Chandra Pandey, a retired Uttar Pradesh cadre IAS officer, to the post of Election Commissioner.

    Election Commission of India (ECI)

    • The ECI is a constitutional body responsible for administering elections in India according to the rules and regulations mentioned in the Constitution of India.
    • It was established on January 25, 1950.
    • The major aim of the election commission of India is to define and control the process for elections conducted at various levels, Parliament, State Legislatures, and the offices of the President and Vice President of India.
    • It can be said that the Election Commission of India ensures the smooth and successful operation of the democracy.

    Functions

    According to Article 324 of the Indian Constitution:

    • the ECI has superintendence, direction, and control of the entire process for conduct of elections to Parliament and Legislature (state legislative assembly & state legislative council) of every State and to
    • the offices of President and Vice-President of India

    Answer this PYQ in the comment box:

    Q.Consider the following statements:

    1. The Election Commission of India is a five-member body.
    2. Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.
    3. Election Commission resolves the disputes relating to splits/mergers of recognized political parties.

    Which of the statements given above is/are correct? (CSP 2017)

    (a) 1 and 2 only

    (b) 2 only

    (c) 2 and 3 only

    (d) 3 only

    Its composition

    • Initially, the commission had only a Chief Election Commissioner. Presently, it consists of a Chief Election Commissioner and two Election Commissioners.
    • For the first time, two additional Commissioners were appointed on 16th October 1989 but they had a very short term till 1st January 1990.
    • Afterward, on 1st October 1993, two additional Election Commissioners were appointed.
    • The concept of a multi-member Commission has been in operation since then, with decision-making power by majority vote.

    Appointment & Tenure of Commissioners

    • The President has the power to select Chief Election Commissioner and Election Commissioners.
    • They have a tenure of six years, or up to the age of 65 years, whichever is earlier.
    • They have the same status and receive pay and perks as available to Judges of the Supreme Court of India.
    • The CEC can be removed from office only through accusation by Parliament.
    • The election commissioner or a regional commissioner shall not be removed from office except on the recommendation of the CEC.

  • Simultaneous Elections in India

    The article deals with the issue frequent elections in the country and highlights the need for debate on the idea of “one nation, one election”.

    Need for debate on one nation one election

    The idea has been around since at least 1983, when the Election Commission first mooted it. The concept needs to be debated mainly around five issues.

    1) Financial costs of  conducting elections

    • The costs of conducting each assembly or parliamentary election are huge and, in some senses, incalculable.
    • Directly budgeted costs are around Rs 300 crore for a state the size of Bihar.
    • But there are other financial costs, and incalculable economic costs.
    • Before each election, a “revision” of electoral rolls is mandatory.
    • The costs of the millions of man-hours used are not charged to the election budget.
    • The economic costs of lost teaching weeks, delayed public works, badly delivered or undelivered welfare schemes to the poor have never been calculated.

    2) Cost of repeated administrative freezes

    • The Model Code of Conduct (MCC) has economic costs too.
    • Works may have been announced long before an election is announced, but tenders cannot be finalised, nor work awarded, once the MCC comes into effect.
    • Time overruns translate into cost overruns.
    • But the huge costs of salaries and other administrative expenditures continue to be incurred.
    • Add to this the invisible cost of a missing leadership.
    • Important meetings and decisions get postponed, with costs and consequences that are difficult to calculate.
    • A NITI Aayog paper says that the country has at least one election each year.

    3) Visible and invisible costs of repeatedly deploying security forces

    • There are also huge and visible costs of deploying security forces and transporting them, repeatedly.
    • A bigger invisible cost is paid by the nation in terms of diverting these forces from sensitive areas.

    4)  Campaign and finance costs of political parties

    • There is little doubt that the fiscal and economic costs of an election are not trivial, and that two elections, held separately, will almost double costs, including those incurred by political parties themselves.

    5) Question of regional/smaller parties having a level playing field

    • There are fears about the Centre somehow gaining greater power, or regional parties being at a disadvantage during simultaneously held elections.
    • However, fixed five-year terms for state legislatures in fact take away the central government’s power to dissolve state assemblies.
    •  Until 1967 when simultaneous elections were the norm.
    • The Constitution and other laws would need to be amended is obvious, but that is hardly an argument against the proposal.

    Consider the question “There are huge costs associated with the frequent elections in the country. Is simultaneous elections a solution? What are the issues involved?”

    Conclusion

    As the elections in four states and one Union territory in March-April are suspected to have contributed to the second wave of Covid infections, a well-reasoned debate on a concept as important as “one nation, one election” is called for.

  • A national consensus on removal of sedition law is called for

    Is the government entitled to the love and affection of the citizens? Answer to this question lies in the Kedar Nath judgment recently invoked by the Supreme Court in a case against a journalist. The article deals with this issue.

    About the Kedar Nath judgement

    • A two-judge bench of the Supreme Court observed that every journalist is entitled to the protection under the Kedar Nath judgment (1962) on the petition filed by journalist Vinod Dua.
    • The court entertained Dua’s writ petition under Article 32.
    • In the Kedar Nath judgement, the apex court had held that a citizen has the right to say or write whatever he likes about the government or its measures by way of criticism so long as he does not incite people to violence against the government or with the intention of creating public disorder.
    • Section 124A read along with explanations is not attracted without such an allusion to violence. 

    Increasing use of the sedition law

    • NCRB data shows that between 2016 to 2019, there has been a whopping 160 per cent increase in the filing of sedition charges with a conviction rate of just 3.3 per cent.
    • Of the 96 people charged in 2019, only two could be convicted.
    • A number of CAA (Citizenship Amendment Act) protesters are facing sedition charges.

    Background of Section 124-A

    • Section 124-A was not a part of the original Indian Penal Code drafted by Lord Macaulay and treason was confined just to levying war.
    • It was inserted in 1870 in response to the Wahabi movement that had asked Muslims to initiate jihad against the colonial regime.
    • It was argued that Wahabis are going from village to village and preaching that it was the sacred religious duty of Muslims to wage a war against British rule.

    Way forward

    • In 2018, the Law Commission had recommended that the sedition law should not be used to curb free speech.
    •  Let the criminal law revision committee working under the Ministry of Home Affairs make the bold recommendation of dropping the draconian law.
    • A political consensus needs to be forged on this issue.

    Conclusion

    No government, as Mahatma Gandhi told Judge R S Broomfield, has a right to love and affection and people in a free country committed to the liberty of thought and freedom of expression should not be criminally punished for expressing their opinion about the government.

  • Should Sedition law be scrapped?

    The Supreme Court has quashed the case of sedition filed against a journalist in Himachal Pradesh for allegedly making remarks against PM and the government’s handling of the migrant crisis during the Covid-19 lockdown last year.

    What is the story?

    • In a video, the journalist had criticized PM Modi and the Centre for the handling of the migrant crisis last year.
    • A sedition case was filed against him under Section 124A of the IPC which penalizes sedition as punishable with either imprisonment ranging from three years to a lifetime, a fine, or both.
    • He was charged for spreading misinformation or incorrect information and cause panic in the perception of the general public.

    What has the court ruled?

    • The case was quashed by SC. It held that his remarks constituted genuine criticism of the government and could not be labeled seditious.
    • In doing so, the court also reiterated the principles in the landmark case on sedition — Kedar Nath Singh v Union of India (1962).

    What are the Kedar Nath Singh guidelines?

    • In the landmark 1962 Kedar Nath Singh case, the Supreme Court upheld the constitutional validity of the sedition law, it attempted to restrict its scope for misuse.
    • The court held that unless accompanied by incitement or call for violence, criticism of the government cannot be labeled sedition.

    Seven principles in the Kedar Nath Singh ruling specify situations in which the charge of sedition cannot be applied:

    1. The expression “ ‘the Government established by law’ has to be distinguished from the persons for the time being engaged in carrying on the administration. ‘Government established by law’ is the visible symbol of the State. The very existence of the State will be in jeopardy if the Government established by law is subverted.”
    2. The effect of subverting the Government by bringing that Government into contempt or hatred, or creating disaffection against it, would be within the penal statute because the feeling of disloyalty to the Government established by law or enmity to it imports the idea of a tendency to public disorder by the use of actual violence or incitement to violence.
    3. Comments, however strongly worded, expressing disapprobation of actions of the Government, without exciting those feelings which generate the inclination to cause public disorder by acts of violence, would not be penal.
    4. A citizen has a right to say or write whatever he likes about the Government, or its measures, by way of criticism or comment, so long as he does not incite people to violence against the Government established by law or with the intention of creating public disorder.
    5. The provisions of the Sections read as a whole, along with the explanations, make it reasonably clear that the sections aim at rendering penal only such activities as would be intended, or have a tendency, to create disorder or disturbance of public peace by resort to violence.
    6. It is only when the words, written or spoken, etc. which have the pernicious tendency or intention of creating public disorder or disturbance of law and order that the law steps in to prevent such activities in the interest of public order.
    7. The court proposed to limit its operation only to such activities as come within the ambit of the observations of the Federal Court, that is to say, activities involving incitement to violence or intention or tendency to create public disorder or cause disturbance of public peace.

    What has been the impact of that verdict?

    • The significance of the verdict lies in the Supreme Court’s subsequent reiteration of the Kedar Nath Singh principles.
    • A fresh constitutional challenge by two journalists against the sedition law pending before the Supreme Court, and the ruling in Dua’s case, make a strong case against keeping the colonial law in the books.

  • Challenges federalism faces in India

    The article highlights the challenges faced by the federalism in India in various domains and forms and suggests the ways to deal with these challenges.

    Growing tendency towards Centralisation

    • Moves to erode the powers of State governments are not new.
    • The Centre, on several occasions, has used its powers to dismiss or use the Governor to intimidate democratically elected governments.
    • During the Emergency, education was moved to the Concurrent list which was until then a State subject under the constitutional division of responsibilities.
    • However, the changes to federal relations at present are more systemic.
    • There has been increasing centralisation in resource allocations and welfare interventions.
    • After GST, the gap between the revenue that State governments are allowed to generate and the expenditure that they are expected to incur has been widening.
    • The Centre has been encroaching into domains under State government control through centrally sponsored schemes in sectors such as education and health.

    Three domains in which federalism faces challenges

    1) State-capital relation

    • At present there is growing trend towards centralising economic power in conjunction with political centralisation.
    • The consolidation and expansion of a few big business groups is taking place, probably at the expense of smaller players.
    •  On the one hand, the Centre has sought to insulate Indian big business from global competition by choosing not to enter into the Regional Comprehensive Economic Partnership (RCEP).
    • But the power of small businesses is eroded through support for GST and the call for a single national market.
    • So, big businesses are more likely to benefit from a removal of State-level barriers to trade at the expense of smaller regional players.

    2) Institutional transgression

    • Central institutions are increasingly weakening the policy levers of State institutions.
    • There are growing allegations of the misuse of institutions such as the Income Tax Department, the Enforcement Directorate and the National Investigation Agency are being used to intimidate opponents..
    •  Direct transfers to beneficiaries of welfare schemes bypassing States are also contributing to this dynamic.
    • The Centre is increasingly ignoring elected representatives of State governments, holding meetings with State secretaries and district collectors on issues that are primarily under State control.
    • Governors perform active administrative roles instead of their signatory roles.
    • To ensure national uniformity in educational institutions NEET was introduced in medical education.
    • But it subverts the affirmative action policies developed at the regional level in response to local.
    • In the domain of health, the Centre has now put State governments at a disadvantage in vaccine usage by fixing differential pricing for procuring vaccines.

    3) Socio-cultural foundations

    • Beside the legal-constitutional aspects of federalism, it is diversity in cultural foundation of regions that sustains Indian federalism.
    •  Markers of regional identities and regional socio-cultural practices are now interpreted as belonging to a pan-Indian Hindu tradition.

    Conclusion

    To stem this trend towards centralisation we need to provide more legal and constitutional safeguard to the States, strong regional political assertion and a strong federal coalition.

  • Panel to define offences of Speech, Expression

    A panel constituted by the Union Home Ministry to suggest reforms to the British-era Indian Penal Code (IPC) is likely to propose a separate Section on “offences relating to speech and expression.”

    Panel to define hate speech

    • As there is no clear definition of what constitutes a “hate speech” in the IPC, the Committee for Reforms in Criminal Laws is attempting for the first time to define such speech.
    • Legally speaking, for criminal Sections to be invoked, any such speech has to lead to violence or disturbance of law and order.

    What constitutes Hate Speech?

    • Hate speech can be defined as “public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation”.
    • The word ‘hate speech’ as is a loaded term and merely criticizing someone is not hate speech.
    • There has been much debate over freedom of speech, hate speech and hate speech legislation.

    Indian attempts for definition

    • The Bureau of Police Research and Development recently published a manual for investigating agencies on cyber harassment cases.
    • It has defined hate speech as a language that denigrates, insults threatens or targets an individual based on their identity and other traits (such as sexual orientation or disability or religion etc.).
    • Earlier in 2018, the Home Ministry had written to the Law Commission to prepare a distinct law for online “hate speech”.
    • A committee was formed in the wake of Section 66A of the IT Act, 2000, which provided punishment for sending offensive messages through communication services.
    • In 2019, however, the Ministry decided to overhaul the IPC, framed in 1860 and the Code of Criminal Procedure (CrPC) after seeking suggestions from various stakeholders.

    Recommendations of various committees

    • The Viswanathan committee proposed inserting Sections 153 C (b) and Section 505 A in the IPC for incitement to commit an offence on grounds of religion, race, caste or community, sex, gender identity, sexual orientation, place of birth, residence, language, disability or tribe.
    • It proposed punishment by up to two years along with ₹5,000 fine.
    • The Bezbaruah Committee was constituted by the Centre in February 2014 in the wake of series of racial attacks on persons belonging to the northeast.
    • It proposed amendment to Section 153 C IPC (promoting or attempting to promote acts prejudicial to human dignity), punishable by five years and fine or both and Section 509 A IPC (word, gesture or act intended to insult a member of a particular race), punishable by three years or fine or both.