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Subject: Polity

  • Enabling people to govern themselves

    The article examines the issues exposed by the pandemic with the current system of governance in India as well as the global level. Strengthening the local governments is suggested as the need of the hour.

    How pandemic exposed the limits of systems

    • Governance systems at all levels, i.e. global, national, and local, have experienced stress as a fallout of the COVID-19 pandemic.
    • There was a breakdown in many subsystems in health care, logistics, business, finance, and administration.
    •  Solutions for one subsystem backfired on other subsystems.
    • For example, lockdowns to make it easier to manage the health crisis have made but it was disastrous for the economy.

    Following 3 are the problems exposed in the governance

    1) Mismatch in abilities and functions

    • Human civilisation advances with the evolution of better institutions to manage public affairs.
    • Institutions of parliamentary democracy did not exist 400 years ago.
    • Institutions of global governance, such as the United Nations and the World Trade Organization, did not exist even 100 years ago.
    • These institutions were invented to enable human societies to produce better outcomes for their citizens.
    • The pandemic has revealed a fundamental flaw in their design.
    • There is a mismatch in the design of governance institutions at the global level with the challenges they are required to manage.

    2) Interconnected issues

    • All 17 Sustainable Development Goal are interconnected with each other.
    • Environmental, economic, and social issues cannot be separated from each other.
    • Experts working in silos or by agencies focused only on their own problems cannot solve these problems.
    • As government responses to the novel coronavirus pandemic have revealed, a good solution to one can create more problems for others.

    3) Local solution requires local problems

    • Even if experts in different discipline arrives at silo-ed solutions at the global level, they will not be able to solve the systemic problems of the SDGs.
    • Because, their solutions must fit the specific conditions of each country, and of each locality within countries too, to fit the shape of the environment and the condition of society there.
    • Solutions for environmental sustainability along with sustainable livelihoods cannot be the same in Kerala and Ladakh.
    • Solutions must be local.
    • For the local people to support the implementation of solutions, they must believe the solution is the right one for them.

    Decentralisation of governance

    • Governance of the people must be not only for the people. It must be by the people too.
    • There are scientific explanations for why local systems solutions are the best.
    • Elinor Ostrom, the first woman to win the Nobel Prize in Economics, had developed the principles for self-governing communities from research on the ground in many countries, including India.
    • Indian Constitution requires devolution of powers to local government too.
    • During pandemic States in India, such as Kerala, have weathered the storm better than others.
    • A hypothesis is that those States and countries in which local governance was stronger have done much better than others.

    Consider the question “Examine the issues with the current system of governance which were exposed by the pandemic. Also explain why decentralisation could improve many problems the governance faces.

    Conclusion

    The government has to support and enable people to govern themselves, to realise the vision of ‘government of the people, for the people, by the people’. Which is also the only way humanity will be able to meet the ecological and humanitarian challenges looming over it in the 21st century.

    Original article:

    https://www.thehindu.com/opinion/lead/enabling-people-to-govern-themselves/article32071943.ece

  • Padmanabhaswamy Temple Verdict by the Supreme Court

    Reversing the 2011 Kerala High Court decision, the Supreme Court upheld the right of the Travancore royal family to manage the property of deity at Sree Padmanabha Swamy Temple in Thiruvananthapuram.

    Try this question from CSP 2016:

    Q.In the context of the history of India, consider the following pairs

    Term              Description
    1.  Eripatti Land, revenue from which was set apart for the maintenance of the village tank
    2. Taniyurs Villages donated to a single Brahmin or a group of Brahmins
    3. Ghatikas Colleges generally attached to the temples

    Which of the pairs given above is/are correctly matched?

    a) 1 and 2

    b) 3 only

    c) 2 and 3

    d) 1 and 3

    What did the apex Court say?

    • The court said that as per customary law, the shebait rights (right to manage the financial affairs of the deity) survive with the members of the family even after the death of the last ruler.
    • The ruling ends the legal battle the temple and members of the royal family have fought with the government for decades over control of one of the richest temples in the world.

    What is the case about?

    • The central legal question was whether the heirs of the last Ruler of Travancore could claim to be the “Ruler of Travancore” after the death of the ruler in 1991.
    • The court examined this claim within the limited meaning of that term according to the Travancore-Cochin Hindu Religious Institutions Act, 1950 to claim ownership, control and management of the ancient Temple.

    Earlier cases of ownership: A background

    • All the temples which were under the control and management of the erstwhile Princely States of Travancore and Cochin were under the control of the Travancore and Cochin Devaswom Boards before 1947.
    • However, as per the Instrument of Accession signed, since 1949, the administration of the Padmanabhaswamy Temple was “vested in trust” in the Ruler of Travancore.
    • The state of Kerala was carved out in 1956 but the temple continued to be managed by the erstwhile royals.

    The legal battle

    • In 1971, privy purses to the former royals were abolished through a constitutional amendment stripping their entitlements and privileges.
    • The move was upheld in court in 1993 and the last ruler of Travancore who died during the pendency of this case continued to manage the affairs of the temple till then.
    • In 1991, when the last ruler’s brother took over the temple management, it created a furore among devotees who moved the courts leading to a long-drawn legal battle.

    Is the temple the property of the royal family?

    • The character of the temple was always recognised as a public institution governed by a statute.
    • The argument of the royal family is that the temple management would vest with them for perpetuity, as per custom.
    • Even though the last ruler executed a detailed will bequeathing his personal properties, he had not included the Sree Padmanabhaswamy Temple as his personal property or dealt with it in his will.

    What about the treasure in the vaults?

    • A consequence of who has administrative rights over the temple is whether the vaults of the temple will be opened.
    • In 2007, the heir claimed that the treasures of the temple were the family property of the royals.
    • Several suits were filed objecting to this claim and a lower court in Kerala passed an injunction against the opening of the vaults.
    • The Kerala High Court in the 2011 ruling passed an order that a board be constituted to manage the affairs of the temple, ruling against the royal family.

    What impact would this ruling have?

    • Since 2011, the process of opening the vaults has led to the discovery of treasures within the Padmanabhaswamy temple, prompting a debate on who owns temple property and how it should be regulated.
    • Despite being a secular country that separates religion from the affairs of the state, Hindu temples, its assets are governed through statutory laws and boards heavily controlled by state governments.
    • This system came into being mainly through the development of a legal framework to outlaw untouchability by treating temples as public land; it has resulted in many legal battles.

  • Smart Cities Mission and the public health

    “Smart Cities Mission” lacks the focus on public health. This article highlights the consequences of this. The article suggests strengthening the of local governments and provisions for the livelihood through an urban employment guarantee scheme.

    “Smart Cities Mission”: Progress so far

    • The ‘Smart Cities Mission’, a flagship programme of the government, completed five years, in June 2020.
    •  The Mission had sought to make 100 selected cities “smart”.
    • Cities are being developed under “Area-Based Development” model.
    • Under this model, a small portion of the city would be upgraded by retrofitting or redevelopment.
    • Many of the projects undertaken under the ‘Smart Cities Mission’ are behind schedule.
    • According to the Ministry of Housing and Urban Affairs, of the 5,151 smart city projects, only 1,638 projects have been completed.
    • In terms of expenditure, of the total investment of ₹2,05,018 crore, only projects worth ₹26,700 crore have been completed.

    Lack of focus on Public health in Smart Cities Mission

    • ‘Smart Cities Mission’ has given little importance to basic services such as public health.
    •  An analysis shows that only 69 of over 5,000 projects undertaken under the Mission were for health infrastructure.
    • These projects are for an estimated cost of ₹2,112 crore, amounting to just around one per cent of the total mission cost.
    • Hence, public health seems to be a major blind spot in India’s smart city dreams.

    Public Health: Essential local government function

    • ‘Smart Cities Mission’ had the stated aim of improving the quality of life of urban residents.
    • Further, public health is an essential local government function in India’s constitutional scheme.
    • As per the 74th Amendment ( 12th Schedule), “public health” is one of the 18 functions that are to be devolved to the municipalities.
    • However, public health infrastructure of cities has often been neglected over the years.

    Strengthening Local Governments

    • Success of Kerala in containing the pandemic has shown how a decentralised political and administrative system can be effective.
    • It is important to strengthen local government capacities.
    • Investment in urban public health systems is needed.
    • Promoting programmes that improve the livelihoods of urban vulnerable communities should be the priority.
    • Programs such as the National Urban Livelihoods Mission and National Urban Health Mission, need to be strengthened.

    Focus on Urban Employment

    • It is time to consider the introduction of a national urban employment guarantee programme.
    • Kerala has been running such a scheme since 2010.
    • States such as Odisha, Himachal Pradesh and Jharkhand have also recently launched similar initiatives in the wake of the COVID-19 crisis.

    Consider the question “Covid pandemic has highlighted the lack of focus on public health in our Smart Cities Mission. Suggest the measures to make our cities resilient and source of livelihood. 

    Conclusion

    As Indian cities face an unprecedented challenge, it is important to get the priorities of urban development right and invest in programmes that improve the health and livelihoods of its residents.

  • Election Commission (EC)’s power to delay elections

    Political parties are increasingly voicing concerns over holding elections in Bihar amid a pandemic.

    This newscard contains some interesting facts related to conduct and postpone of elections.

    EC’s power to hold elections

    • The EC is mandated under law to hold elections at any time within six months before the five-year term of the Lok Sabha or Legislative Assembly expires.
    • The polls are timed in a way that the new Assembly or Lok Sabha is in place on the day of the dissolution of the outgoing House.
    • In the case of early dissolution, EC has to ensure, as far as possible, a new Lok Sabha or Assembly is in place within six months of the dissolution.

    Powers to delay

    • An election once called usually proceeds as per schedule. However, in some exceptional cases, the process can be postponed or even scrapped after its announcement under extraordinary circumstances.
    • Under Section 153 of the Representation of the People Act, the poll panel can “extend the time” for completing an election.
    • But such extension should not go beyond the date of the normal dissolution of the Lok Sabha or the Assembly.
    • In 1991, the Commission, under this provision read with Article 324 of the Constitution, postponed the ongoing parliamentary elections after then PM’s assassination during his campaign in Tamil Nadu.
    • As recently as March this year, elections to 18 Rajya Sabha seats were postponed by the Commission due to the COVID19 pandemic.

    So can EC postpone elections in Bihar under Section 153 of the RP Act?

    • Powers under Section 153 can be exercised only after an election schedule has been notified.
    • If the EC wants to postpone Bihar elections, it will have to be done through its extraordinary powers under Article 324.
    • The Commission will have to inform the government of its inability to hold polls on time.
    • The government and the President will then decide the future course — to impose President’s Rule or allow the incumbent Chief Minister to continue for six months.

    Back2Basics

    https://www.civilsdaily.com/news/explained-presidents-rule-in-maharashtra/

  • For the sake of sound fiscal federalism

    Faultlines in the Centre-State fiscal relations have widened due to Covid. This article examines how States are not getting what they should as per the 14th Finance Commission report.

    Centre-state tussle

    • The tussle for the rights of States has been focused on Article 356.
    • Partial behaviour by the Governors, regional party governments were politically destabilised.
    • Little was done to implement the report of  Justice R.S. Sarkaria Commission on Centre-State relations.
    • The new faultline in the Centre-State relation could be over the way report of 14th Finance Commission is being implemented.
    • This began well before COVID-19, but the pandemic and its economic disruption have brought things to an edge.

    Issues over the implementation of 14th Finance Commission report

    • The 14th Finance Commission report in 2015 promised devolution of more finances to the States.
    • As part of the process, States would have new responsibilities, especially in the social sector.
    •  The Goods and Services Tax (GST) regime was also justified as a grand bargain that would eventually leave all States better off.
    • In reality, tax devolution to States has been consistently below 14th Finance Commission projections.
    • One reason for this has been the economic slowdown, and lower-than-expected GST collections.
    • The shortfall in GST collection for 2018-2019 was 22% when compared to projections.
    • Payments to the States have been delayed as well.
    • There is a ₹6.84 lakh crore gap between what the 14th Finance Commission promised to States and what they have received.
    • States undertook programmes and projects spending 46% more than the Central Government; today the figure is 64%.
    • Despite spending less than the states the Centre’s fiscal deficit exceeds the consolidated State deficit by 14%.

    Need to revisit the FRBM provisions

    • Due to pandemic, the fiscal deficit for States, collectively, is inevitably going to breach the projection of 2.04%.
    • As per provisions of the Fiscal Responsibility and Budget Management (FRBM) Act, the GSDP can actually accommodate a fiscal deficit of 3%.
    • Now, post-pandemic, this limit will be crossed.
    • The FRBM has an “escape clause” that allows for a one-time relaxation of the fiscal deficit threshold upto 0.5% in a time of exigency.
    • The escape clause has been utilised by the Centre but it has proven woefully insufficient in addressing the current crisis.
    • Fiscal policymakers and technocrats agree that the rigidity of the FRBM has to be revisited.
    • It should allow for greater flexibility and consultation as to when and how the “escape clause” can be applied.
    • The Centre has gone in for subjective interpretation, imposing conditions that are outside the scope of the FRBM.

    Consider the question “Fiscal tensions have emerged as  a new front in the Centre-State relations. Suggest the steps the Centre should take to address it.”

    Conclusion

    Centre government needs to be more considerate of the financial woes of the State and try to deliver on the recommendations of the 14th Finance Commission report.

  • Quorum not needed for routine standing committee meetings

    The opposition parties in the Rajya Sabha has contradicted the holding the virtual meetings of standing committees to ensure quorum during deliberations.

    Try this question from CSP 2018:

    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, bylaws, etc. conferred by the Constitution or delegated by the Parliament is 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 is Quorum?

    • A quorum is the minimum number of members of a deliberative assembly necessary to conduct the business of that group.
    • The requirement for a quorum is protection against totally unrepresentative action in the name of the body by an unduly small number of persons.
    • Article 100 (3) of the Constitution of India stipulates that at least 10% of the total number of members of the House must be present to constitute the quorum to constitute a meeting of either House of Parliament.
    • Article 189 (3) and (4) provides for similar provisions for State Legislatures.
    • For example, if the House has a total membership of 500, at least 50 members must be present for the House to proceed with its business.

    What did RS Secretariat say over the requirement of quorum?

    • Parliamentarian these days are unable to travel to Delhi for obvious COVID reasons.
    • The Rajya Sabha secretariat has said that quorum was essential only when the committees are making decisions or adopting reports and not during routine deliberations.

    Back2Basics: What are Standing Committees?

    • Standing Committee is a committee consisting of Members of Parliament.
    • It is a permanent and regular committee which is constituted from time to time according to the provisions of an Act of Parliament or Rules of Procedure and Conduct of Business.
    • The work done by the Indian Parliament is not only voluminous but also of a complex nature, hence a good deal of its work is carried out in these Parliamentary Committees.
    • Standing Committees are of the following kinds :
    1. Financial Standing Committees (FSC)
    2. Department Related Standing Committees (DRSC)
    3. Others Standing Committees (OSC)

  • Judiciary and criminalisation in politics

    This article discusses the issue of criminalisation in politics and the reasons for its persistence despite several judgements by the Supreme Courts to deal with the issue.

    The Feb 2020 SC order

    • In a February 2020 judgement the Supreme Court has asked the political parties to state the reasons for the selection of candidates.
    • The Court also asked to specify as also as to why other individuals without criminal antecedents could not be selected as candidates.
    • If a political party fails to comply, it would be “… in contempt of this Court’s orders/directions.”
    • The political party and its leadership would for the first time have to publicly own up to criminalisation of politics.
    • The judgment notes that “ in 2019 as many as 43% of MPs had criminal cases pending against them”.
    •  India is the only democratic country with a free press where we find a problem of this dimension.

    What did the earlier orders require?

    • (a) each candidate shall submit a sworn affidavit giving financial details and criminal cases.
    • (b) each candidate shall inform the political party in writing of criminal cases against him or her.
    • (c) the party shall put up on its website and on social media as well as publish in newspapers the names and details of such candidates.

    Why the problem persists

    • Survey after survey show that people around the country are unhappy with the quality of governance.
    • Given limited choices, they vote as best as they can.
    • Meanwhile, electoral bonds bring secrecy back into political funding.
    • Several laws and court judgments have not helped much, as the data show.
    • There lack of enforcement of laws and judgments.
    • It is also not clear what penalty would be imposed if the recent orders are not followed.

    Way forward

    •  Monitoring the affidavits of candidates can help in compliance.
    • Working with the EC to ensure that information is promptly available on their websites.
    • Widely circulating this information to voters using all the social media tools available.
    • Monitoring the compliance with the Supreme Court judgment to see if details of tainted candidates are promptly put up on their websites, and on their social media handles, along with proper reasons for giving them ticket.
    • Voters also need to be vigilant about misuse of money, gifts and other inducements during elections.
    • The waters will be muddied with fake news, trolling, and fanciful claims, concerted efforts to tackle the menace of fake news are required.

    Consider the question “Despite several judgements from the Supreme Court the issue of criminalisation in politics still persists. Examine the reasons for the persistence of the issues. Suggest the measures to deal with the issues.”

    Conclusion

    we may not see dramatic changes in the quality of candidates. Campaigns may continue to be more and more personal and even abusive. But all these steps are required, however insignificant they may seem.

    Original link

    https://www.thehindu.com/opinion/lead/owning-up-to-criminalisation-in-politics/article32035186.ece

  • Postal Ballots in Elections

    The Election Commission has announced that it will allow those above the age of 65 as well as those under home or institutional quarantine to vote using postal ballots during the Bihar elections. Opposition parties are unhappy with the move and termed it unconstitutional.

    Try this question from CSP 2017:

    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?

    (a) 1 and 2 only

    (b) 2 only

    (c) 2 and 3 only

    (d) 3 only

    What is Postal Voting?

    • A restricted set of voters can exercise postal voting.
    • Through this facility, a voter can cast her vote remotely by recording her preference on the ballot paper and sending it back to the election officer before counting.

    Who can avail of this facility?

    • Members of the armed forces like the Army, Navy and Air Force, members of the armed police force of a state (serving outside the state), government employees posted outside India and their spouses are entitled to vote only by post.
    • In other words, they can’t vote in person. Voters under preventive detention can also vote only by post.
    • Special voters such as the President of India, Vice President, Governors, Union Cabinet ministers, Speaker of the House and government officers on poll duty have the option to vote by post.
    • But they have to apply through a prescribed form to avail this facility.

    What about absentee voters?

    • Recently, the Law Ministry, at the Election Commission’s behest, introduced a new category of ‘absentee voters’, who can now also opt for postal voting.
    • These are voters employed in essential services and unable to cast their vote due to their service conditions.
    • Currently, officials of the Delhi Metro Rail Corporation, Northern Railway (Passenger and Freight) Services and media persons are notified as absentee voters.
    • Last month, senior citizens above the age of 65 and voters who test positive for COVID19 or are suspected to be COVID-affected were allowed to cast their vote by post.

    How are votes recorded by post?

    • The Returning Officer is supposed to print ballot papers within 24 hours of the last date of nomination withdrawal and dispatch them within a day.
    • This is done so that the ballot papers reach the concerned voter well before the polling date and she has enough time to send it back before the counting day.
    • Postal ballot papers for members of the Armed Forces are sent through their record offices.
    • For members of the armed police force of a state (serving outside the state), government employees posted outside India and their spouses, the ballot paper can be sent through post or electronically.
    • For remaining categories ballot papers can be delivered personally or through the post.

    Why political parties are divided over postal ballots?

    • Opposition parties are not against postal ballots.
    • They have objected to the EC’s decision to allow voters aged 65 and above and those infected or suspected to be infected with COVID19 to vote via postal ballots.
    • This change was effected without consulting political parties.
    • They fear that the move will lead to malpractices and foul play by those parties which are in power and having resources.

    Issues with the recent move

    • Allowing those aged 65 and above to vote by postal ballot violates secrecy in voting as a large segment of the population is uneducated and they might seek assistance from others.
    • This will end up disclosing their preferred candidate.
    • This also exposes them to “administrative influence or influence by the Government or the ruling party”.

  • Analysing the impact of reservation

    Provision of reservation has helped in correcting the historical injustice in some way. However, the recent decline in government jobs and policy changes could undermine the provision of reservation.

    How reservation helped SCs and OBCs: Some figures

    • In the Central Administrative Services, SCs reached 14 per cent of the Class C in 1984.
    • They reached 14.3 per cent of Class B in 2003.
    • In Class C,13.3 per cent in 2015.
    • In the Central Public Sector Enterprises (CPSEs), their proportion rose from 14.6 per cent in 2004 to 18.1 per cent in 2014.
    • In parallel, the SCs’ literacy rate jumped from 21.38 per cent in 1981 to 66.1 per cent in 2011.
    •  After the Mandal Commission report was implemented, OBCs started to benefit from it.
    • In 2013, OBCs – 52 per cent of India’s population according to the Mandal report – represented 8.37 per cent of Class A in the Central Government Services, 10.01 per cent of Class B and 17.98 per cent of Class C.
    • Their percentage in the CPSEs jumped from 16.6 per cent in 2004 to 28.5 per cent in 2014.

    Number of jobs declining

    • First, the number of vacancies has surged, from 5.5 lakh in 2006 to 7.5 lakh in 2014 so far as central government employment is concerned.
    • Second, the total number of employees has dropped between 2003 and 2012, from 32.69 lakh to 26.30 lakh in the Central Government Services.
    • The number of Dalits benefiting from reservations has been reduced by 16 per cent from 5.40 lakh to 4.55 lakh.
    • While the number of OBCs benefiting from reservations had jumped from 14.89 lakh in 2008 to 23.55 lakh in 2012, it has dropped to 23.38 lakh the year after.
    • Reservations have also been undermined by lateral entry into the bureaucracy.
    • This new procedure undermined the reservations system because the quotas did not apply.

    Judgements that affect the idea of reservation

    • In one judgment the UGC was allowed to shift the unit of provision of reservations from a university as a whole to the departmental level.
    • Such a shift has reduced the quantum of reserved seats and restricted the entry of lower castes.
    • Small departments, where vacancies are few, would be indivisible — thereby no seats would be reserved.
    • As a result, only 2.5 per cent posts were reserved for SCs, none for STs and 8 per cent for OBCs.
    • However, the impact of the ordinance and the subsequent Bill passed by the Parliament in March and July 2019, reversing the Supreme Court’s judgment, is yet to be seen.
    • In another judgement, Supreme Court ruled that reservation in job promotions was not a fundamental right.
    • This ruling undermined the effect of an amendment to the Constitution that had been introduced by the Narasimha Rao government in 1995 and that had resulted in article 16(4A).
    • Article 16(4A) had circumvented a facet of the 1992 decision of the Supreme Court to allow reservation for SCs and STs in promotions.
    • In 2001 the 85th amendment extended the benefit of reservations in favour of the SCs/STs in matters of promotion with consequential seniority.
    • This time, in 2020, the Government of India has decided not to contest the decision of the Supreme Court.

    Policy changes that affect the reservation

    • The National Commission for Backward Classes has issued a notice to the health ministry complaining that the post-Mandal 27 per cent quota was not implemented systematically.
    • The funds earmarked for Dalit education in the Indian budget were reduced by the previous government.
    • While this budget item, within the Special Component Plan is supposed to be proportional to the demographic weight of the Dalits, 16.6 per cent, it fluctuated between 9 and 6.5 per cent.

    Conclusion

    Reservations have been one of the most effective techniques of positive discrimination in India and helped in the goal of delivering social justice. So, any policy that affects it must be reconsidered.

    Original link

    https://indianexpress.com/article/opinion/columns/reservation-in-india-privatisation-push-nirmals-sitharaman-backward-castes-6494931/

  • Making justice accessible through live streaming

    Livestreaming of the judicial proceeding goes a long way in increasing the access of justice which is granted under Article 21. This article examines the evolution in judiciary and making justice accessible.

    Judiciary adapting to changes

    •  As the lockdown began, the Court had to quickly find the technology and create protocols for virtual courts and e-hearings.
    • Before this, there was an open courtroom that the public could access.
    • This protected the right to access justice, guaranteed under Article 21 of the Constitution.

    Access to justice without physical classroom

    • Now that the Court is proactively adopting technology, it must expand the right of access to justice by live-streaming proceedings.
    • Further, court proceedings must also be documented and preserved for future generations.
    • Both audio-visual recordings and transcripts of oral arguments should be maintained for this purpose.

    Evolution of access to court

    • The Supreme Court maintained no public record of its own proceedings in the past.
    • Nor were its proceedings broadcast live for public viewing.
    • Over time, security concerns meant that the public could only enter courtrooms in the SC with a pass.
    • Due to space constraints, law students were not permitted to enter courtrooms on Mondays and Fridays when the Court heard fresh matters.

    A case that led to live broadcast of the proceedings

    • In its 2018 judgment in Swapnil Tripathi v Supreme Court of India, the Court recommended that proceedings be broadcast live.
    • The SC held that live streaming proceedings is part of the right to access justice under Article 21 of the Constitution.
    •  Justice DY Chandrachud noted that open courts help foster public confidence in the judiciary.
    • Further, publishing court proceedings is an aspect of Article 129, per which the Supreme Court is a court of record.
    • Journalists, young lawyers, civil society activists and academics would all benefit from live streaming, the Court opined.
    • The guidelines proposed 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.

    Recording the proceedings- 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.
    • Democracies aside, in China, court proceedings are live streamed from trial courts up to the Supreme People’s Court of China.

    India stands alone

    • 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 are a number of cases where the Supreme Court’s judgments have changed citizens’ lives — Aadhaar, Section 377, Sabarimala, NRC and the triple talaq judgments are among them.

    Steps to make justice 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.
    • If that technology is available, it could be extended to members of the public, who can then view court proceedings themselves.
    • Due to pandemic for the next few years, Indian courts will have to adopt a combination of virtual and in-person hearings.

    Consider the question “Live-streaming and recordings of the court proceeding helps in reinforcing the public faith in the judiciary. Comment.”

    Conclusion

    Openness and transparency reinforce the public’s faith in the judicial system. Livestreaming and recording of the proceeding will open the door to ensure the same.