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Subject: Polity

  • Foundational values, the journey of the Indian state

    Why in the News?

    As we mark 75 years since the Constitution of India came into effect, it’s important to look back and assess how the country has followed its core values before deciding the way forward.

    What are the foundational values that define the Indian state?

    • Sovereignty, Democracy, and Republic: The Constitution of India guarantees the sovereignty of the nation and democratic governance by the people through elected representatives.
    • Liberty, Equality, and Fraternity: These values are enshrined in the Preamble and reflect the commitment to social democracy.
    • Justice: Social, economic, and political justice is emphasized to create an inclusive society.
    • Federalism: Though not explicitly mentioned, federalism underpins the constitutional framework, balancing powers between the Union and States.
    • Secularism: Ensures the separation of religion and state, guaranteeing religious freedom and equality.
    • Rule of Law: Establishes the supremacy of the Constitution and equality before the law.
    • Unity in Diversity: Encourages harmony and fraternity among diverse cultural, linguistic, and regional groups.

    How have recent legislative and political changes impacted India’s commitment to these values?

    • Secularism: India’s constitutional commitment to secularism has been challenged by the laws related to religious identity.
      • The Citizenship Amendment Act (CAA), 2019, which provides citizenship to persecuted religious minorities from neighboring countries but excludes Muslims, has raised concerns about violating Article 14 (Right to Equality) and the secular ethos of the Constitution.
    • Social Justice: The push for affirmative action through reservations continues, but new measures have sparked debates about inclusivity.
      • The introduction of the Economically Weaker Sections (EWS) reservation (103rd Constitutional Amendment) raised debates over its exclusion of marginalized communities already under the SC/ST/OBC reservation framework, potentially diluting the focus on caste-based historical injustices.
    • Federalism: Legislative changes have altered the balance between the Union and states, raising concerns about cooperative federalism.
      • The abrogation of Article 370 in Jammu and Kashmir and its reorganization into Union Territories in 2019 was criticized for bypassing the state legislature, raising questions about federalism under Article 1 and Article 370.
    • Freedom of Speech and Expression: Political changes have led to an environment where dissent and criticism of the government are often met with punitive action.
      • The use of sedition laws under Section 124A of the IPC and the Unlawful Activities (Prevention) Act (UAPA) against journalists and activists has raised concerns about stifling democratic dissent.
    • Inclusive Development: Legislative efforts to boost development have sometimes led to neglect of environmental sustainability and marginalized communities.
      • The Forest Rights Act (FRA), 2006, intended to protect the rights of tribal communities, has faced dilution through recent amendments to environmental laws, prioritizing infrastructure over community rights.
    • Equality and Gender Justice: Legislative progress has been seen, but gaps remain in implementation.
      • The Criminal Law (Amendment) Act, 2018, which introduced stringent punishment for crimes against women, shows legislative intent. However, underreporting and delayed justice continue to challenge gender equality.

    What steps can be taken to reinforce India’s foundational values moving forward? (Way forward)

    • Strengthening Judicial Oversight and Constitutional Safeguards: To reinforce India’s foundational values, it is essential to strengthen the role of the judiciary in safeguarding constitutional rights to ensure that laws and policies align with the principles of equality, secularism, and justice.
    • Inclusive and Transparent Policy Making: Policies should be designed to foster inclusive development, ensuring that marginalized communities are not left behind.
    • Strengthening Inclusive Governance and Social Justice: Ensure that affirmative action policies, including reservations, are consistently aligned with the principle of social justice, addressing the historical and contemporary needs of marginalized communities.
    • Promoting Secularism and Protecting Fundamental Rights: Strengthen and uphold the secular fabric of the nation by ensuring that laws and policies respect religious diversity and equality, in line with the Constitution’s guarantees.

    Mains PYQ:

    Q What was held in the Coelho case? In this context, can you say that judicial review is of key importance amongst the basic features of the Constitution? (UPSC IAS/2016)

  • A grey birthday for the Election Commission of India

    Why in the News?

    January 25 is the 75th anniversary of the Election Commission of India, celebrated as ‘National Voters Day’ to recognize its role in protecting democracy and ensuring fair elections in India.

    What are the current challenges facing the ECI?

    The Election Commission of India (ECI) is currently facing significant challenges that threaten its credibility and effectiveness:

    • Electoral Roll Manipulation: Allegations of mass enrolment of dubious voters have emerged, particularly highlighted during the Maharashtra State elections, where the ECI enrolled 9.7 crore voters despite an estimated adult population of only 9.54 crore. This discrepancy raises concerns about potential government interference in electoral processes.
    • Verification Issues: Questions regarding the verification of new voters have surfaced, especially with a reported 48 lakh new registrations occurring in just six months. The legitimacy of these voters and whether proper verification processes were followed remain unaddressed.
    • Public Trust: The ECI’s perceived lack of transparency and responsiveness to these concerns has led to a decline in public trust. Critics argue that the commission has been dismissive of legitimate inquiries regarding electoral integrity, which undermines its authority.

    How has the role of the Election Commission evolved over time?

    • Established in 1950, the ECI was designed to ensure free and fair elections in India, independent from governmental influence.
      • Founding leaders like Dr. B.R. Ambedkar emphasized the importance of an autonomous body for maintaining electoral integrity.
    • Technological Advancements: The ECI has adapted to technological changes by implementing electronic voting machines (EVMs) and online voter registration systems, aiming to streamline the electoral process and enhance voter participation.
    • Voter Education Initiatives: The commission has increasingly focused on voter education and awareness campaigns, particularly through National Voters’ Day celebrations, which aim to engage young voters and promote democratic values.

    What reforms are necessary to strengthen the EC’s authority and public trust?

    To enhance its effectiveness and restore public confidence, several reforms are necessary:

    • Biometric Verification: Implementing Aadhaar-based biometric verification for voter registration could help eliminate ghost voters and ensure that only eligible citizens are enrolled. This would strengthen the integrity of electoral rolls.
    • Transparency Measures: The ECI should adopt greater transparency by publicly releasing data related to voter enrolment and verification processes. This would address concerns about electoral roll manipulation and build trust among citizens.
    • Strengthening Legal Framework: Revising existing laws to provide the ECI with more robust powers to oversee and enforce electoral integrity could prevent interference from political entities and ensure fair elections.

    Conclusion: The ECI should establish robust mechanisms for public scrutiny by releasing detailed voter enrolment and verification data, coupled with regular audits, to rebuild trust and ensure accountability.

    Mains PYQ:

    Q Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct. (UPSC IAS/2022)

  • Uttarakhand Cabinet approves Uniform Civil Code Manual

    Why in the News?

    The Pushkar Dhami Cabinet in Uttarakhand approved the UCC with plans to roll it out after the local body elections. Uttarakhand will be the first state in India to implement the UCC.

    What is the Uniform Civil Code?

    • The UCC refers to a single law that governs personal matters such as marriage, divorce, inheritance, adoption, and succession for all citizens of India, irrespective of their religion.
    • Constitutional Basis: Article 44 of the Directive Principles of State Policy (DPSP) in the Indian Constitution envisions a UCC to promote national integration by eliminating discrepancies in personal laws.

    What are the significance of UCC? 

    • Equality and Justice: UCC ensures equal treatment of all citizens, irrespective of religion, caste, or gender, by replacing diverse personal laws with a unified legal framework. This promotes fairness and eliminates discriminatory practices in personal matters like marriage, divorce, and inheritance.
    • Gender Parity and Women’s Empowerment: Personal laws often favor patriarchal norms, disadvantaging women in areas like inheritance and divorce. UCC addresses these disparities, granting women equal rights and fostering gender justice.
    • National Integration: By unifying personal laws across communities, UCC strengthens national unity and reduces divisions based on religion or community-specific laws. It promotes secularism and reinforces the idea of “one nation, one law”.
    • Simplification of Legal Systems: A common civil code simplifies the legal process by eliminating inconsistencies among various personal laws, making it easier for citizens to understand their rights and obligations.
    • Closing Loopholes in Personal Laws: UCC addresses biases and loopholes in existing personal laws that perpetuate inequality or favouritism, ensuring a more just legal system for all citizens.

    What is the Judicial stand on it? 

    • Mohd. Ahmed Khan vs. Shah Bano Begum (1985): This case marked a pivotal moment when the Supreme Court urged the government to enact a UCC.
      • The Court highlighted that a common civil code would promote national integration by eliminating conflicting loyalties to different personal laws.
    • Jordan Diengdeh vs. S.S. Chopra (1985): The Court reiterated the “immediate and compulsive need for a uniform civil code”.
    • Sarla Mudgal vs. Union of India (1995): In this case, the Supreme Court criticised the government’s inaction regarding the UCC, asserting that over 80% of citizens were already governed by codified personal laws and that there was no justification for delaying its introduction any further.
    • John Vallamattom vs. Union of India (2003): The Supreme Court again stressed the need for a UCC, lamenting that Article 44 had not been implemented and reiterating its role in fostering national unity by resolving contradictions arising from diverse personal laws.
    • Shayara Bano vs. Union of India (2017): In addressing the issue of triple talaq, the Supreme Court underscored that the Constitution mandates the state to provide for a UCC to address various social injustices and legal inconsistencies stemming from personal laws.
    • Jose Paulo Coutinho vs. Maria Luiza Valentina Pereira (2019): The Court expressed disappointment over the lack of progress towards a UCC, noting that while personal laws reflect religious beliefs, they should not be exempt from reform in a secular state.

    What are the challenges? 

    • Cultural Resistance: There is significant opposition from various religious groups who view the UCC as an infringement on their cultural and religious practices. This resistance can lead to social unrest and political backlash.
    • Political Controversy: The UCC is often a contentious political issue, with parties divided along ideological lines. This can complicate legislative processes and delay implementation.
    • Legal Complexity: The integration of diverse personal laws into a single code poses substantial legal challenges. Ensuring that the new code respects individual rights while being comprehensive enough to address various community needs requires careful drafting.
    • Awareness and Training: Effective implementation requires extensive training for officials and awareness campaigns for citizens to understand their rights under the new code. This necessitates significant resources and time.

    Way forward: 

    • Phased Implementation and Pilot Projects: Begin with optional UCC adoption in specific regions or for limited personal law aspects (e.g., marriage or inheritance) to test feasibility and address concerns gradually.
    • Inclusive Stakeholder Engagement: Conduct extensive consultations with religious leaders, community representatives, and legal experts to build consensus and ensure the code respects India’s diversity while upholding constitutional values.

    Mains PYQ:

    Q Discuss the possible factors that inhibit India from enacting for its citizen a uniform civil code as provided for in the Directive Principles of State Policy. (UPSC IAS/2015)

  • Doctrine of Merger

    Why in the News?

    The Supreme Court clarified the “doctrine of merger,” stating that only one final decree or order can govern the same matter. When a higher court rules on a case, its decision overrides the lower court’s decree, becoming the binding and operative order.

    What is ‘Doctrine of Merger’?

    • The Doctrine of Merger is a legal principle that governs the relationship between decisions or decrees passed by different judicial forums in the hierarchy.
    • It holds that once a superior court disposes of a case, the decision or decree of the lower court merges with that of the superior court.
    • This doctrine ensures that there is only one operative and binding decree governing a subject matter at a given point in time.
    • The doctrine applies when the order or decree of a lower court is subjected to an appeal, revision, or review before a higher court.
    • It ensures that there is no ambiguity regarding which order is binding and enforceable.
    • Key Features of the Doctrine of Merger
      • Single Operative Decree: The doctrine ensures that once a higher court has passed its judgment, there cannot be multiple operative decrees for the same subject matter.
      • Scope: Applicable when a lower court’s order is challenged before a superior court. The higher court’s decision, whether confirming, modifying, or overturning the lower court’s decree, becomes the final and binding authority.
      • Effect of Merger: The lower court’s decree is no longer independently enforceable; it is subsumed within the superior court’s order.

    Legal Basis and Precedents:

    • Kunhayammed v. State of Kerala (2000): The superior court’s decree, whether it confirms, modifies, or sets aside the lower court’s decree, replaces the lower court’s decision.
    • Logic of the Doctrine: “There cannot be more than one decree or operative order governing the same subject matter at a given point of time.”
    • Jurisdictional Hierarchy: This principle is applied in cases of appeals and revisions where the decision of the higher forum takes precedence over that of the lower forum.

    PYQ:

    [2021] With reference to the Indian judiciary, consider the following statements:

    1. Any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with the prior permission of the President of India.

    2. A High Court in India has the power to review its own judgement as the Supreme Court does.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither I nor 2

  • Fast Track Immigration Trusted Traveller Program (FTI- TTP)

    Why in the News?

    The Fast Track Immigration – Trusted Traveller Program (FTI-TTP) is set to expand to seven major Indian airports starting January 16, 2025, ensuring seamless and expedited immigration processes for Indian nationals and Overseas Citizen of India (OCI) cardholders.

    About the Fast Track Immigration Trusted Traveller Program (FTI- TTP)

    • Launched under the ‘Viksit Bharat @2047’ vision, it aims to establish world-class immigration facilities and enhance international mobility.
    • The Bureau of Immigration, under the Ministry of Home Affairs, is the nodal agency responsible for implementing the programme.
    • It was initially introduced on June 22, 2024, at Delhi’s Indira Gandhi International Airport (IGI).
    • It is targeted at Indian nationals and Overseas Citizen of India (OCI) cardholders in its first phase and will eventually include foreign travelers.
    • Phase-Wise Implementation:
      • Phase 1: Covers Indian citizens and OCI cardholders.
      • Phase 2: Will extend to foreign travelers.
    • The program is free of cost during its initial implementation phase.
    • By 2025, the program will be operational at 21 major airports across India.

    Features of the Program

    • Operates through e-gates or automated border gates for faster processing.
    • Travelers scan their boarding pass and passport, followed by biometric authentication, to complete the process.
    • Enrollment is completed through an online portal (https://ftittp.mha.gov.in), where applicants upload their details and required documents.
    • Membership is valid for a maximum of 5 years or until the passport’s validity, whichever comes first.
    • Applicants must ensure their passport has a minimum six-month validity at the time of registration.
    • White-listed trusted travelers undergo faster clearance while maintaining security standards.

    Significance  

    • Reduces immigration clearance time, providing a hassle-free travel experience for international travelers.
    • Biometric authentication ensures identity verification, reducing risks of fraudulent entries.
    • Travelers can bypass regular queues, making the process more convenient and seamless.
    • Comparable to the Global Entry Program in the United States, it aligns India’s immigration services with international standards.

    PYQ:

    [2021] With reference to India, consider the following statements:

    1. There is only one citizenship and one domicile.
    2. A citizen by birth only can become the Head of State.
    3. A foreigner once granted citizenship cannot be deprived of it under any circumstances.

    Which of the statements given above is/are correct?

    (a) 1 only
    (b) 2 only
    (c) 1 and 3
    (d) 2 and 3

  • Why have we normalised hate speech against women in politics?

    Why in the News?

    The 267th Law Commission Report that was recently released, recommended including “hate speech” within the Indian Penal Code, indicating a governmental acknowledgment of the need to address this pervasive issue.

    • This has reignited conversations about the legal framework surrounding hate speech, particularly against women in politics.

    Key Highlights made by the 267th Law Commission Report:

    • Definition and Scope of Hate Speech: The report begins by providing a comprehensive definition of hate speech, emphasizing its potential to incite violence, discrimination, and social discord. It categorizes hate speech as any communication that demeans or vilifies individuals based on attributes such as religion, caste, gender, or ethnicity.
    • Proposed Legal Provisions: One of the report’s central recommendations is the amendment of the Indian Penal Code (IPC) and also suggests penalties that reflect the severity of the offense, thereby reinforcing the message that hate speech will not be tolerated in a democratic society.
    • Protection of Minority Communities: The commission advocates for legal safeguards that ensure minority communities are not disproportionately targeted within public discourse. By highlighting the vulnerabilities faced by minorities, the report calls for a proactive approach to uphold their rights and dignity in the face of societal prejudice.
    • Balancing Free Speech and Protection: The commission emphasizes that while free speech is a fundamental right, it should not come at the expense of public order or individual safety. The proposed laws aim to delineate clear boundaries that prevent hate speech without infringing upon legitimate expressions of opinion or dissent.
    • Public Awareness Campaigns: The report additionally recommends launching extensive public awareness campaigns aimed at educating citizens about the harmful consequences of hate speech.

    What factors contribute to the normalization of hate speech against women in politics?

    • Cultural Attitudes: Misogynistic remarks are often rooted in deep-seated cultural attitudes that devalue women, reflecting a broader societal acceptance of gender discrimination and objectification.
    • Political Discourse: Political speeches frequently employ derogatory language towards women, which normalizes such behaviour and diminishes the seriousness of misogyny in public life.
    • Lack of Accountability: Political parties often distance themselves from offensive remarks only after public backlash, leading to a culture where such comments are tolerated until they provoke outrage.
    Note: The word “misogyny” comes from Greek roots: “misein,” which means “to hate,” and “gyne,” which means “woman.” Misogyny can show up in various ways, such as male privilege, discrimination against women, sexual harassment, insulting or demeaning women, violence, and treating women as objects.

    How does hate speech impact women’s participation in politics?

    • Discouragement and Marginalization: Hate speech creates an intimidating environment for women, discouraging them from participating in politics and undermining their credibility as leaders.
    • Social Isolation: The prevalence of hostile commentary can isolate women politicians, making it difficult for them to connect with constituents and build supportive networks.
    • Psychological Effects: Constant exposure to misogynistic remarks can lead to emotional distress, affecting women’s confidence and willingness to engage in political activities.

    How are Panchayats playing a good field in building awareness?

    • Women Representation: Nearly 20 states have achieved 50% representation of women in Panchayati Raj institutions, fostering an environment where women’s voices are amplified in local governance.
    • Empowerment Initiatives: There has been an emergence of all-women panchayats like ‘Manje Rai Panchayat’ in Ahmednagar district of Maharashtra and ‘Kultikri Gram Panchayat’ under Jhargram sub-division in West Bengal.
      • For example, the political women leaders like Mamta Devi exemplify effective governance by addressing infrastructure, and livelihood issues, and mobilizing women within their communities.

    What are the key recommendations from the Global Gender Gap 2023 Report?

    • ‘Women in local governance’ have been added as an indicator in the 2023 Global Gender Gap Report (India is ranked quite low at 127/146).
    • The report emphasizes the urgent need for legal recognition of gender-based hate speech. This entails developing laws that specifically address and penalize hate speech directed at women.
    • The report calls for enhanced accountability and commitment towards gender equality, not just through government schemes but as a fundamental aspect of political culture.

    Way forward: 

    • Strengthen Legal Frameworks: Enact comprehensive hate speech laws that explicitly address gender-based discrimination and ensure accountability for misogynistic remarks in politics, alongside implementing the recommendations of the 267th Law Commission Report.
    • Promote Women-Centric Governance: Encourage greater representation of women in all levels of governance, drawing inspiration from successful initiatives in Panchayati Raj institutions, while supporting leadership training and public awareness campaigns to combat societal biases.

    Mains PYQ:

    Q “Though women in post-independent India have excelled in various fields, the social attitude towards women and the feminist movement has been patriarchal.” Apart from women’s education and women empowerment schemes, what interventions can help change this milieu? (UPSC IAS/2021)

  • Right to Access to Justice Not Absolute: Supreme Court (SC)

    Why in the News?

    The Supreme Court fined Rs. 1 Lakh on a dishonest person who kept filing unnecessary and baseless cases. The Court said that while everyone has the right to go to court, it should be used responsibly.

    What is meant by ‘Right to Access to Justice’?

    • The Right to Access to Justice refers to the fundamental principle that individuals should have the ability to seek and obtain remedies through formal or informal institutions of justice for grievances.
    • This right is rooted in the rule of law and ensures that all citizens, regardless of their background, can effectively resolve their legal issues and hold decision-makers accountable.
    • Without access to justice, individuals may be unable to exercise their rights, challenge discrimination, or seek redress for wrongs they have suffered.

    What are the other provisions related to the Right to Access to Justice?

    • Article 14 (Equality before the law): This article guarantees that everyone is treated equally under the law, regardless of their background or status.
      • A notable example is the Maneka Gandhi v. Union of India case (1978), where the Supreme Court held that the right to life and personal liberty under Article 21 also includes the right to fair procedure.
    • Article 21 (Right to life and personal liberty): This article protects the fundamental right to life, which has been interpreted by the Supreme Court to include the right to a fair and just legal process.
      • In the State of Maharashtra v. Chandrabhan (1983) case, the Supreme Court ruled that access to justice is a key aspect of the right to life under Article 21, emphasizing the importance of protecting personal liberty.
    • Legal Services Authorities Act, 1987: This Act ensures free legal aid for the poor and disadvantaged, promoting equality in accessing justice.
      • A significant example is the National Legal Services Authority v. Union of India (2014) case, where the Supreme Court directed the implementation of effective legal aid programs for the marginalized, making access to justice easier for underprivileged groups.
    • Article 39A (Free legal aid): This article mandates the state to provide free legal assistance to ensure that no one is denied justice due to financial incapacity.
      • An example is the Laxmi v. Union of India (2014) case, where the Supreme Court directed the government to ensure legal aid is available for victims of acid attacks, recognizing that financial constraints should not prevent victims from seeking justice.
    • Judicial Precedents (Supreme Court Decisions): The Supreme Court has consistently expanded the concept of access to justice. In Delhi Domestic Workers Forum v. Union of India (2016), the Court recognized the need for legal protection for domestic workers, expanding access to justice for marginalized groups.
    • National Legal Services Authority (NALSA): NALSA has played a crucial role in ensuring legal aid for marginalized communities.
      • For instance, in the NALSA v. Union of India (2014) case, the Court ordered the government to set up legal aid camps and ensure access to justice for tribals and marginalized groups, further solidifying NALSA’s role in promoting equality and fairness in the legal system.

    What are the essential elements for the Right to Access to Justice?

    • Availability of Legal Remedies: Individuals must have access to effective legal remedies that can address their grievances.
    • Affordability: Legal services should be financially accessible, with provisions for free legal aid where necessary.
    • Awareness and Information: Citizens should be informed about their rights and the legal processes available to them.
    • Fair Procedures: The judicial process must be transparent and fair, providing all parties an equal opportunity to present their case.
    • Physical and Legal Access: This includes not only the ability to enter courts but also having the necessary support systems in place, such as legal representation and knowledge of the law.

    Way forward: 

    • Strengthening Legal Aid and Awareness Programs: Expand the reach of legal aid services and increase awareness campaigns to ensure marginalized groups are informed about their rights and legal remedies.
    • Reforming Judicial Infrastructure: Enhance the accessibility and efficiency of judicial systems by addressing delays, improving court infrastructure, and ensuring the availability of affordable legal representation for all citizens.

    Mains PYQ:

    Q Judicial Legislation is antithetical to the doctrine of separation of powers as envisaged in the Indian Constitution. In this context justify the filing of large number of public interest petitions praying for issuing guidelines to executive authorities. (UPSC IAS/2020)

  • [pib] State Public Service Commission (SPSC)

    Why in the News?

    The Vice President addressed the inauguration ceremony of the 25th National Conference of Chairpersons of State Public Service Commissions (SPSCs) in Bengaluru.

    About State Public Service Commission (SPSC):

    Details
    • SPSCs are independent constitutional bodies established under Articles 315 to 323 in Part XIV of the Constitution of India.
    • Modeled on the Union Public Service Commission (UPSC) to recruit for state services and advise the state government on personnel matters.
    • Proposed under the Government of India Act (GoI), 1919, and formally established through the GoI Act, 1935, after the ‘Lee Commission (1924)’ recommendations.
    • Serve as the central recruiting agency for the state, distinct from the Department of Personnel or General Administration Department.

    Note: Recommendations made by SPSCs are advisory, and the government has discretion to accept or reject them, subject to accountability to the Legislature.
    Composition
    • Composed of a Chairman and other members appointed by the Governor of the state.
    • At least 50% of the members must have held a government post (Central or State) for at least 10 years.
    • Members hold office for 6 years or until they attain the age of 62, whichever is earlier.
    • The Governor has discretionary power over composition, service conditions, and temporary appointments of acting Chairpersons during vacancies.
    • Members can resign by addressing the resignation to the Governor.
    • Removal is initiated by the President for grounds like insolvency, paid employment, infirmity, or misbehavior, following a Supreme Court inquiry.
    Powers and Functions
    • Recruitment and Appointments: Conducts exams for appointments to state civil services and posts.
    • Advisory Role: Provides guidance on recruitment methods, promotions, transfers, and disciplinary matters.
    • Judicial Appointments: Consulted, along with the State High Court, on rules for appointments to the state judiciary (excluding district judges).
    • Annual Reporting: Submits a performance report to the Governor, who presents it to the State Legislature with explanations for non-acceptance of advice.
    • Disciplinary Action: Consulted by the government in cases involving disciplinary measures for civil servants, alongside the State Vigilance Commission.
    Security and Independence
    • Tenure Protection: Members can only be removed for constitutionally specified reasons.
    • Financial Independence: Expenses are charged on the Consolidated Fund of the State, requiring no legislative vote.

    Post-Tenure Appointments:

    • Chairpersons can be appointed as Chairman or members of UPSC or another SPSC but not in other government roles.
    • Members can be appointed as Chairperson or members of UPSC or another SPSC but not to other government roles.

     

    PYQ:

    [2015] Consider the following statements:

    1. The Executive Power of the union of India is vested in the Prime Minister.

    2. The Prime Minister is the ex officio Chairman of the Civil Services Board.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

  • Should voter IDs be linked with Aadhaar?

    Why in the News?

    Two political parties have accused each other of tampering the voter lists before the Delhi Assembly elections. This has brought back the discussion about linking voter IDs (EPIC) with Aadhaar numbers.

    Why was the National Electoral Rolls Purification and Authentication Program?

    The National Electoral Rolls Purification and Authentication Program (NERPAP) was launched by the Election Commission of India on March 3, 2015, with the primary goal of creating an error-free and authenticated electoral roll.

    • Linking EPIC with Aadhaar: The program sought to link the Elector’s Photo Identity Card (EPIC) data with the Aadhaar database to authenticate voter identities and eliminate duplicate entries in the electoral rolls.
    • Error Correction: NERPAP aimed to facilitate the correction of errors in voter data and improve the overall quality of images on electoral documents.
    • Voluntary Disclosure of Multiple Entries: Voters were encouraged to voluntarily disclose any multiple registrations, allowing for timely corrections and deletions of unnecessary entries from the electoral rolls.
    • Enhanced Communication: The initiative also aimed to collect mobile numbers and email addresses from voters, enabling the Election Commission to provide important updates regarding elections, such as poll dates and revision schedules.
    • Public Participation: To ensure maximum engagement, special camps and facilitation centers were organized nationwide to assist voters in linking their Aadhaar with EPIC and addressing any concerns regarding their registrations.

    What did the Supreme Court mandate in the Puttaswamy case in 2018?

    • In the Puttaswamy case, the Supreme Court recognized the right to privacy as a fundamental right under the Constitution. It ruled that while Aadhaar could be used for various purposes, including voter registration, individuals cannot be denied their right to vote for failing to provide their Aadhaar number.
    • This ruling emphasized that any legal framework must respect individual privacy rights and ensure that no citizen is disenfranchised due to administrative requirements.

    What are the pros and cons?

    Pros:

    • Elimination of Duplicate Entries: Linking Aadhaar with EPIC can help remove multiple registrations for individuals who may have registered in different locations due to migration.
    • Real-time Authentication: The unique identity provided by Aadhaar enables online verification, enhancing the accuracy of voter rolls.
    • Updated Voter Database: The initiative aims to maintain an updated and accurate record of voters, which is crucial for free and fair elections.

    Cons:

    • Database Errors: Errors within the Aadhaar database could lead to wrongful rejection or deletion of legitimate voter entries.
    • Proof of Citizenship Concerns: Aadhaar serves as proof of residence but not citizenship, potentially failing to address non-citizen registrations on electoral rolls.
    • Privacy Risks: While linkage may not directly violate privacy rights, there are concerns about misuse as electoral rolls are accessible to political parties.

    What can be the way forward?

    • Transparent and Voluntary Process: Modify electoral forms to clearly indicate that providing Aadhaar is voluntary, ensuring no voter is denied registration for not furnishing their Aadhaar number.
    • Strengthen Data Accuracy and Privacy Safeguards: Establish mechanisms to verify Aadhaar data accuracy and implement robust data protection measures to prevent misuse of linked electoral rolls.

    Mains PYQ:

    Q Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy.(UPSC IAS/2017)

  • Section 152 of BNS should not become a proxy for sedition

    Why in the News?

    In the 2024 case of Tejender Pal Singh v. State of Rajasthan, the Rajasthan High Court warned that Section 152 of the Bharatiya Nyaya Sanhita (BNS) should not be misused to suppress valid criticism or peaceful dissent.

    What are the key differences between Section 152 of the BNS and Section 124A of the IPC?

    • Terminology and Scope:
      • Section 124A (IPC) specifically criminalizes acts that bring hatred or contempt towards the government, termed as sedition. It focuses on inciting disaffection against the government.
      • Section 152 (BNS) criminalizes acts that endanger the sovereignty, unity, and integrity of India, including inciting rebellion or promoting separatism. While it does not explicitly use the term “sedition,” it covers similar ground with broader language.
    • Penalties:
        • Section 124A prescribes a punishment of life imprisonment or a minimum of three years in prison, along with a possible fine.
        • Section 152 increases the potential penalty to life imprisonment or up to seven years, along with a mandatory fine, making it potentially more stringent.
    • Intent Requirement:
      • Section 124A requires proof of intent to incite disaffection.
      • Section 152 lowers this threshold by allowing prosecution if a person “knowingly” shares information that could incite rebellion or separatism, regardless of malicious intent.

    How does Section 152 impact freedom of speech and legitimate dissent?

    • Chilling Effect: The vagueness of what constitutes an act endangering sovereignty can lead to a chilling effect on free speech. Individuals may self-censor to avoid potential legal repercussions for expressing dissenting opinions or criticism of the government.
    • Potential for Abuse: The broad language and lack of clear definitions in Section 152 allow for expansive interpretation by enforcement authorities. This can result in legitimate expressions of dissent being criminalized under the guise of national security.
    • Judicial Oversight: The Rajasthan High Court emphasized that Section 152 should not be used as a tool to suppress dissent but rather as a protective measure for national security. It called for careful application and judicial oversight to ensure that legitimate criticism is not equated with sedition.

    What are the legal and constitutional implications of enforcing Section 152?

    • Constitutional Rights: Enforcing Section 152 raises concerns regarding violations of Articles 14 (Right to Equality) and 19 (Freedom of Speech) of the Indian Constitution. The vague definitions may lead to arbitrary enforcement, undermining individual rights and freedoms.
    • Judicial Precedents: The judiciary has historically favoured a consequentialist approach in interpreting laws related to free speech. Previous rulings have established that there must be a direct causal link between speech and its impact for it to constitute an offence. This precedent should guide the interpretation and enforcement of Section 152.
    • Need for Guidelines: There is an urgent need for the Supreme Court to establish clear guidelines regarding the application of Section 152, similar to those created in past cases. This would help delineate acceptable boundaries for criticism while protecting national interests without infringing on civil liberties.

    Way forward: 

    • Establish Clear Guidelines: The Supreme Court should set precise guidelines for applying Section 152 to ensure a balance between protecting national security and safeguarding freedom of speech, as done in past landmark cases.
    • Promote Judicial Oversight: Enforcement authorities should be required to demonstrate a direct and significant link between the speech and its impact, with courts actively monitoring cases to prevent misuse of the law against legitimate dissent.

    Mains PYQ:

    Q What do understand by the concept “freedom of speech and expression”? Does it cover hate speech also? Why do films in India stand on a slightly different plane from other forms of expression? Discuss. (UPSC IAS/2014)