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Subject: Polity

  • Pardoning Powers of Governor

    The Supreme Court has recently said that the investigation into the conspiracy behind Ex-PMs assassination in 1991 need not deter the Governor from deciding the plea for pardon of convicts.

    What did the court say exactly?

    • The court made it clear that it was reluctant to exercise its jurisdiction when the Governor was already seized of convict’s plea for a pardon under Article 161 of the Constitution.

    Try this PYQ now:

    Q.Which of the following are the discretionary powers given to the Governor of a State?

    1. Sending a report to the President of India for imposing the President’s rule
    2. Appointing the Ministers
    3. Reserving certain bills passed by the State Legislature for consideration of the President of India
    4. Making the rules to conduct the business of the State Government

    Select the correct answer using the code given below:

    (a) 1 and 2 only

    (b) 1 and 3 only

    (c) 2, 3 and 4 only

    (d) 1, 2, 3 and 4

    Pardoning Powers of Governor

    • Article 161 deals with the Pardoning Power of the Governor.
    • The Governor can grant pardons, reprieves, respites and remissions of punishments or suspend, remit and commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the state extends.
    • The Governor cannot Pardon a Death Sentence. (The President has the power of Pardon a death Sentence).
    • The Governor cannot grant pardon, reprieve, respite, suspension, remission or commutation in respect to punishment or sentence by a court-martial. However, the President can do so.

    Back2Basics:

    • 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.

  • Nyay Kaushal E-resource Centre

    CJI has inaugurated the first-ever e-resource centre and virtual court for traffic and transport to enable speedy justice for litigants, called ‘Nyay Kaushal’, at Nagpur.

    Must read edition:

    [Burning Issue] Judiciary in Times of COVID-19 Outbreak

    Nyay Kaushal Centre

    • It is a first of its kind e-resource centre in India that will facilitate electronic filing of cases in the Supreme Court, High Courts and district courts across the country.
    • It is meant to be a step at mitigating various inequalities, being connected to the Supreme Court, the High Courts and the Taluka Courts.
    • It will provide the easiest way of filing court matters by utilising technology. It will provide benefits in saving time, avoidance of exertion, travelling long distances, and a saving in costs.
    • The virtual court will be working from Katol in Nagpur district.

    It’s working

    • The virtual court can deal with all traffic challan cases from every corner of Maharashtra online.
    • It will be possible for the litigants to pay the fine and get the traffic challan case disposed of with the click of a button on a smartphone or a computer.

    Why need such a mechanism?

    • The biggest problem that came with the pandemic was that access to justice became conditional on access to technology.
    • This has ended up creating a divide between the ones who can afford technology and ones who cannot.
    • With the aid of virtual courts, our system of justice does not suffer and the rule of law continues to be maintained.

  • Who is a Star Campaigner?

    The Election Commission (EC) has revoked the status of a veteran leader and former Madhya Pradesh CM as a star campaigner for the party.

    Try answering this question:

    Q.Ceiling on election expenses ends up being counterproductive and encourages candidates to under-report their expenditure. Critically analyse.

    Who is a Star Campaigner?

    • A star campaigner can be described as persons who are nominated by parties to campaign in a given set of constituencies.
    • These persons are, in almost all cases, prominent and popular faces within the party.
    • There is no specific definition according to law or the Election Commission of India.
    • Star campaigners for a party will not exceed 40 where it is a recognised political party.
    • For parties that are deemed unrecognized, the number of star campaigners will not be more than 20.

    Their purpose

    • Actors, celebrities and senior political party members are the ones who are nominated to be star campaigners.
    • This is based on the premise that a popular face, someone that the common voter can immediately identify and side with, can rake in more votes for that political party.

    How much does a star campaigner cost?

    • Section 77 (b) of The Representation of People’s Act, 1951 says that most of the expenses incurred by the campaigner “shall not be deemed to be an expenditure in connection with the election”.
    • In other words, all expenses will be borne by the respective political party.
    • For example, expenses borne by star campaigners on account of travel by air or by any other means of transport shall not be deemed as expenditure in connection with the election.
    • The manual to the Model Code of Conduct states that for the benefit of availing Section 77 (1) of The RP Act, a permit for the mode of transport for every star campaigner will be issued centrally and against their name.
    • It is also mandatory for this permit to be stuck on a prominent and visible place on the vehicle.

    A case for PMs

    • The MCC states that if the star campaigner is a PM or a former PM, then expenses incurred for bullet-proof vehicles required by centrally appointed security personnel will be borne by the government.
    • If another political dignitary accompanies this candidate, then 50 per cent of expenses incurred for security arrangements will be borne by the candidate.

  • Fifteenth Finance Commission

    Three years after it was constituted, the Fifteenth Finance Commission has finalised its report for fund devolution from the Centre to States for the five years from 2021-22 to 2025-26.

    Fifteenth Finance Commission

    • The Fifteenth Finance Commission (XV FC) was constituted on November 27, 2017.
    • It was constituted against the backdrop of the abolition of the Planning Commission and the distinction between Plan and non-Plan expenditure, and introduction of the Goods and Services Tax (GST).

     What is the Finance Commission?

    • The FC was established by the President of India in 1951 under Article 280 of the Indian Constitution.
    • It was formed to define the financial relations between the central government of India and the individual state governments.
    • The Finance Commission (Miscellaneous Provisions) Act, 1951 additionally defines the terms of qualification, appointment and disqualification, the term, eligibility and powers of the Finance Commission.
    • As per the Constitution, the FC is appointed every five years and consists of a chairman and four other members.
    • Since the institution of the First FC, stark changes in the macroeconomic situation of the Indian economy have led to major changes in the FC’s recommendations over the years.

    Why in news now?

    • That report of the XV FC had pared the States’ share of the divisible tax pool from 42%, as recommended by the Fourteenth Finance Commission, to 41%, citing the creation of the UT of Jammu and Kashmir and Ladakh.
    • The Commission had then said that some of the key recommendations it was required to make would feature in its final report, including the viability of creating a separate defence and national security fund.
    • The panel is also expected to factor in unpaid GST compensation dues to States for this year while working out States’ revenue flow calculations for the years beyond 2022.

    Must read:

    [Burning Issue] 15th Finance Commission and its recommendations (Part I)

  • Outsiders can now buy land in Jammu and Kashmir

    People, as well as investors outside Jammu and Kashmir, can now purchase land in the Union Territory (UT) as the Centre has notified new land laws for the region.

    What is the new criterion?

    • Under the newly introduced J&K Development Act, the term “permanent resident of the State” as a criterion has been “omitted”, paving the way for investors outside J&K to invest in the UT.
    • Under the ‘transfer of land for the purpose of promotion of healthcare or education’, the government may now allow the transfer of land.
    • According to amendments made to “The Jammu & Kashmir Land Revenue Act, Samvat, 1996”, only agriculturists of J&K can purchase agricultural land.
    • No sale, gift, exchange, or mortgage of the land shall be valid in favour of a person who is not an agriculturist.
    • No land used for agriculture purposes shall be used for any non-agricultural purposes except with the permission of the district collector.
    • Under a new provision, an Army officer not below the rank of Corps Commander can declare an area as “Strategic Area” within a local area, only for direct operational and training requirements.

    Note: These laws do not apply to the UT of Ladakh. The Centre is likely to notify separate land laws for the UT of Ladakh soon.

    Criticisms of the move

    • Political parties have opposed the move citing the sale of the state.
    • With these new laws in place, tokenism of the domicile certificate has been done away with, as purchasing non-agricultural land has been made easier.

  • Live-streaming of Courts

    Attorney General of India has pushed for live-streaming court proceedings to make hearings accessible to all. But CJI sounded a cautionary note, saying it was susceptible to “abuses.”

    Why such demands?

    • In a first in India, the Gujarat High Court has begun live streaming of Court Proceedings on YouTube.
    • The issue of live-streaming came up as a Special Bench led by the CJI was taking stock of the virtual court system initiated soon after the pandemic lockdown.

    Live-streaming of Court

    • Justice Chandrachud was one of the three judges on the Bench that gave the verdict on live-streaming in September 2018.
    • In fact, he had noted in his separate opinion that live-streaming of proceedings would be the true realization of the “open court system.”
    • His suggestions were later adopted as guidelines in the September 2018 judgment.

    Why there should be live-streaming?

    • Improved accountability: Live-streaming of court proceedings would serve as an instrument for greater accountability and formed part of the Code of Criminal Procedure, 1973.
    • Living up the expectation of Constitution: Live Streaming of Court proceedings is manifested in public interest. Public interest has always been preserved through the Constitution article 19 and 21
    • Empowering the masses: It will enable the legal system to deliver on its promise of empowering the masses.
    • More transparency: It will encourage the principle of open court and reduce dependence on second-hand views. It will effectuate the public’s right to know. 
    • This would inspire confidence in the functioning of the judiciary as an institution and help maintain the respect that it deserved as a co-equal organ of the state.
    • Academic help: Live streaming may also be a help for academic purposes.

    Issues with live-courts

    The Parliamentary Standing Committee (PSC) of the Department of Personnel, Public Grievances and Law and Justice have tabled its report on the functioning of Virtual Courts and Digitization of Justice Delivery in Parliament.

    Following are the four key considerations and recommendations of the committee as far as mainstreaming of virtual courts is concerned:

    (1) The question of access:

    • A large number of litigants and advocates lack internet connectivity and requisite infrastructure and means to participate in virtual hearings and the process. This has serious implications.
    • The obvious one being that a large chunk of our citizenry is vulnerable to being excluded from the process of justice delivery owing to factors beyond their control.
    • The committee also opined that the judiciary considers solutions such as mobile video conferencing facilities to allow for meaningful participation from those living in remote geographies.

    (2) The degree of comfort:

    • A highly underrated but equally consequential factor is whether everyone, even if access to reliable internet connectivity is universal, is comfortable and well versed with the new tools and mediums of justice delivery.
    • Big, well-to-do law firms and advocates in urban areas would face no issues as compared to those participants in rural areas given the digital divide.

    (3) The idea of open courts itself:

    • Virtual courts allegedly threaten the constitutionality of Court proceedings and undermine the importance of Rule of law which forms a part of the basic structure of the Constitution.
    • Expressing concern over the opaqueness of such hearings, critics state that virtual courts are antithetical to the open court system given the limited access that they allow for.

    (4) The question of Privacy and Data Security:

    • This is where the report makes some interesting and innovative suggestions vital to the performance of any digital justice delivery mechanism.
    • It also took note of the fact that most virtual court proceedings in India currently take place using third-party software or platforms and a few of them have already been rejected earlier on grounds of being unsafe to use.
    • The committee noted how courts across the world have had instances of intrusion and data privacy or security concerns while adapting to an entirely virtual mode of conducting hearings.

    Still, digital records are necessary

    • Litigants depend on the information provided by lawyers about what has transpired during the course of hearings.
    • When the description of cases is accurate and comprehensive; it serves the course of open justice.
    • Again, if a report on a judicial hearing is inaccurate, it impedes the public’s right to know.

    Best examples

    • Internationally, constitutional court proceedings are recorded in some form or the other.
    • In Australia, proceedings are recorded and posted on the high court’s website.
    • Proceedings of the Supreme Courts of Brazil, Canada, England and Germany are broadcast live.
    • The Supreme Court of the US does not permit video recording, but oral arguments are recorded, transcribed, and available publicly.
    • And democracies aside, in China, court proceedings are live-streamed from trial courts up to the Supreme People’s Court of China.

    Significance of open-courts

    • India stands alone amongst leading constitutional democracies in not maintaining audio or video recordings or even a transcript of court proceedings.
    • Court hearings can be turning points in the life of a nation: ADM Jabalpur comes readily to mind. More recently, there is any number of cases where the Supreme Court’s judgments have changed citizens’ lives.
    • Ayodhya, Aadhaar, Section 377, Sabarimala, NRC and the triple talaq judgments are among them.

    Various moves for accessibility

    • Over the last few years, the Supreme Court has taken steps to make justice more accessible. The Court started providing vernacular translations of its judgments.
    • Non-accredited journalists were permitted to live-tweet court proceedings. During the lockdown, journalists have been permitted to view virtual court proceedings in real-time.

    Way forward

    • There should be live-streaming cases of constitutional and national importance as a pilot project, including Constitution Bench cases.
    • Matrimonial cases and those involving national security could be excluded.
    • There must be a reasonable time-delay (say 10 minutes) between the live court proceedings and the broadcast to ensure any information which ought not to be shown, as directed by the court, can be edited from being broadcast.
    • The judiciary must also employ a press officer to liaise with the media, and issue simultaneously one or two page summaries of its judgments to facilitate greater public understanding.
    • There has to be a greater reliance on written briefs and the significance accorded to them, time limits for oral arguments, and a greater emphasis on preparation in advance.

  • NHRC advisory on Sex Work

    The National Human Rights Commission (NHRC) recognised sex workers as informal workers in their advisory on “Human Rights of Women in the context of COVID 19”.

    Try this question for mains:

    Q.Recognizing sex workers as informal workers is a myopic and moralistic objection of human rights activism. Discuss.

    What is the NHRC advisory?

    • The NHRC in an effort to secure the rights of all excluded and marginalised women included sex workers as informal workers in their advisory on ‘Women at Work’.
    • The advisory asked officials to recognise sex workers as informal workers and register them so they are able to avail the benefits of a worker.
    • The Ministries have been asked to issue temporary documents so that the sex workers like all other informal workers, can access all welfare measures and health services.

    Why is the advisory important?

    • The advisory included sex workers among groups that they were considered as part of vulnerable and marginal sections of society thereby consider them as citizens who are deserving of the protection of human rights.
    • To do this, NHRC had sought expert advice, and both the government and constitutional bodies had stood by the protection of the human rights and dignity of sex workers.
    • For many, it is a welcome move and an important milestone in achieving constitutional rights for sex workers.

    Legality check of such work

    • The Immoral Traffic (Prevention) Act — lays down that the institution of prostitution is illegal.
    • Sex is either a consensual engagement between two adults or it is rape.
    • Commercial sex, if engaged through any institutional process is illegal and liable for prosecution. Hence the Government of India never recognised sex work.

    Criticisms of this advisory

    • The feminists who wish to end sex slavery are critical of this NHRC’s move.
    • There has not been a single instance where a woman has voluntarily gone into prostitution.
    • Therefore they have regarded this as an absolute failure to not provide viable options to women to engage in productive work.

    Back2Basics: National Human Rights Commission (NHRC)

    • The NHRC is a statutory public body constituted on 12 October 1993 under the Protection of Human Rights Ordinance of 28 September 1993.
    • It was given a statutory basis by the Protection of Human Rights Act, 1993 (PHRA).
    • This act defines Human Rights as “Rights Relating To Life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India.

    Functions

    • Proactively or reactively inquire into violations of human rights by the government of India or negligence of such violation by a public servant
    • Protection of human rights and recommend measures for their effective implementation

    Composition

    The NHRC consists of The Chairman and Four members (excluding the ex-officio members)

    • A Chairperson, who has been a Chief Justice of India or a Judge of the Supreme Court
    • One member who is, or has been, a Judge of the Supreme Court of India, or, One member who is, or has been, the Chief Justice of a High Court
    • Three Members, out of which at least one shall be a woman to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights
    • In addition, the Chairpersons of National Commissions serve as ex officio members.

  • Govt. hikes poll expenditure ceiling by 10%

    The Law Ministry has increased the ceiling on poll expenditure for Assembly and Lok Sabha elections by 10% following a recommendation by the Election Commission in view of curbs imposed during the coronavirus pandemic.

    Try answering this question:

    Q.Ceiling on election expenses ends up being counterproductive and encourages candidates to under-report their expenditure. Critically analyse.

    New ceiling on poll expenditure

    • The ceiling on poll expenditure varies across States, with candidates in Assembly elections in bigger States like Bihar, Uttar Pradesh, and Tamil Nadu now allowed to spend up to ₹30.8 lakhs as against ₹28 lakhs earlier.
    • For a candidate contesting a Lok Sabha poll in these States, the revised ceiling on poll expenditure is now ₹77 lakhs instead of the earlier amount of ₹70 lakhs.
    • Goa, Arunachal Pradesh, Sikkim and a few Union Territories, based on the size of their constituencies and population, have a lower ceiling on poll expenditure.
    • Here while the enhanced ceiling for a Lok Sabha candidate is now ₹59.4 lakhs those contesting an Assembly can spend up to ₹22 lakhs.

    How are such ceilings made?

    • Such changes are made by amending the Conduct of Elections Rules.
    • The last time the expenditure ceiling was enhanced was in 2014 just ahead of the Lok Sabha polls.

    What doesn’t account to Election expenditure?

    • The expenditure incurred by leaders of a political party on account of travel by air or by any other means of transport for propagating programme of the political party is not considered to be the election expenditure.
    • Any expenditure which is done for service of the Government and discharge of official duty is also not considered to be election expenditure.

    Role of Election Commission

    • The EC imposes limits on campaign expenditure incurred by a candidate and not political parties.
    • However, it does not cover expenses incurred either by a party or the leader of a party for propagating the party’s programme.
    • Also, candidates must mandatorily file a true account of election expenses with the EC.
    • An incorrect account or expenditure beyond the ceiling can attract disqualification for up to three years as per Section 10A of The Representation of the People Act, 1951.

  • Assam-Mizoram Boundary Dispute

    The Ministry of Home Affairs (MHA) has asked Assam and Mizoram to maintain peace and display “no aggressive posturing” after violent clashes took place at the border between the two States on Saturday night.

    Can you recall the chronology of reorganization of the entire North-East region?

    What is the issue?

    • Assam has had a boundary dispute with Mizoram for decades and several rounds of talks have been held since 1994-95 to solve the issue.
    • Till 1972, Mizoram was a part of Assam and acquired full statehood in 1987.
    • The 164.6 km-long border between the States runs along with Cachar, Hailakandi and Karimganj districts in Assam and Kolasib, Mamit and Aizawl districts in Mizoram.
    • There are several border areas where violence have been reported.

    How complex is this dispute?

    • In the Northeast’s complex boundary equations, showdowns between Assam and Mizoram residents are less frequent than they are.
    • The boundary between present-day Assam and Mizoram, 165 km long today, dates back to the colonial era when Mizoram was known as Lushai Hills, a district of Assam.
    • The dispute stems from a notification of 1875 that differentiated Lushai Hills from the plains of Cachar, and another of 1933 that demarcates a boundary between Lushai Hills and Manipur.
    • Mizoram believes the boundary should be demarcated on the basis of the 1875 notification, which is derived from the Bengal Eastern Frontier Regulation (BEFR) Act, 1873.
    • Mizo leaders have argued in the past argued against the demarcation notified in 1933 because Mizo society was not consulted.

    Other boundary disputes in North-East

    During British rule, Assam included present-day Nagaland, Arunachal Pradesh and Meghalaya besides Mizoram, which became separate state one by one. Today, Assam has boundary problems with each of them.

    • Nagaland shares a 500-km boundary with Assam.
    • In two major incidents of violence in 1979 and 1985, at least 100 persons were killed. The boundary dispute is now in the Supreme Court
    • On the Assam-Arunachal Pradesh boundary (over 800 km), clashes were first reported in 1992, according to the same research paper.
    • Since then, there have been several accusations of illegal encroachment from both sides, and intermittent clashes. This boundary issue is being heard by the Supreme Court.
    • The 884-km Assam-Meghalaya boundary, too, witnesses flare-ups frequently. As per Meghalaya government statements, today there are 12 areas of dispute between the two states.

  • What are District Development Councils (DDCs)?

    The Centre has amended the Jammu and Kashmir Panchayati Raj Act, 1989, to facilitate the setting up of District Development Councils (DDC).

    Tap to read more about: Reorganization of J&K

    What are DDCs?

    • DDCs structure will include a DDC and a District Planning Committee (DPC).
    • The J&K administration has also amended the J&K Panchayati Raj Rules, 1996, to provide for establishment of elected District Development Councils in J&K.
    • This system effectively replaces the District Planning and Development Boards in all districts, and will prepare and approve district plans and capital expenditure.

    Composition of DDCs

    • Their key feature, however, is that the DDCs will have elected representatives from each district.
    • Their number has been specified at 14 elected members per district representing its rural areas, alongside the Members of
    • Legislative Assembly chairpersons of all Block Development Councils within the district.

    Term of reference

    • The term of the DDC will be five years, and the electoral process will allow for reservations for Scheduled Castes, Scheduled Tribes and women.
    • The Additional District Development Commissioner (or the Additional DC) of the district shall be the Chief Executive Officer of the District Development Council.
    • The council, as stated in the Act, will hold at least four “general meetings” in a year, one in each quarter.

    What will be the process here onward?

    • The 14 constituencies for electing representatives to the DDC will have to be delimited.
    • These constituencies will be carved out of the rural areas of the district, and elected members will subsequently elect a chairperson and a vice-chairperson of the DDC from among themselves.

    Within the third tier, where do the DDCs fit in?

    • The DDCs replace the District Planning and Development Boards (DDBs) that were headed by a cabinet minister of the erstwhile state of Jammu and Kashmir.
    • For Jammu and Srinagar districts, as winter and summer capitals, the DDBs were headed by the Chief Minister.

    However, for Leh and Kargil districts, the Autonomous Hill Development Councils performed the functions designated for the DDBs.

    How will DPC work, then?

    • For every district there will be DPC comprising MPs representing the area, Members of the State Legislature representing the areas within the District etc. among others.
    • The MP will function as the chairperson of this committee.
    • The committee will “consider and guide” the formulation of development programmes for the district.
    • It would indicate priorities for various schemes and consider issues relating to the speedy development and economic uplift of the district.
    • It would function as a working group for formulation of periodic and annual plans for the district; and formulate and finalise the plan and non-plan budget for the district.

    Centre’s objective behind this new structure

    • The J&K administration in a statement said that the move to have an elected third tier of the Panchayati Raj institution marks the implementation of the entire 73rd Amendment Act in J&K.
    • The idea is that systems that had been made defunct by earlier J&K governments such as the panchayati raj system are being revived under the Centre’s rule in the state through the Lieutenant Governor’s administration.
    • In the absence of elected representatives in the UT, senior government officials argue that DDCs will effectively become representative bodies for development at the grassroots in the 20 districts of the UT.
    • They hope that this may draw some former legislators in as well.