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Subject: Polity

  • [11th December 2024] The Hindu Op-ed: Sambhal and the perils of judicial evasion

    PYQ Relevance:
    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 CSE 2016)

    Mentor’s Comment: UPSC Mains have previously ‘Judicial review’ (in 2016), and ‘religiousness/religiosity and Communalism’ (in 2017).

    In a 2005 paper on ‘judicial inactivism,’ scholar Chad M. Oldfather discussed how courts have a “duty to decide” and how judicial inaction can be just as impactful as judicial action. He argued that failures to fulfill this duty are harder to detect than overreaching decisions, making inaction more concerning. A recent example of judicial deferment is the Supreme Court’s handling of the Sambhal masjid case in Uttar Pradesh. The Court refrained from a final decision, temporarily halting a survey-related civil court proceeding and sending the matter to the Allahabad High Court. 

    Today’s editorial underscores the approach adopted by the Supreme Court of India in the Sambhal masjid case (Uttar Pradesh).

    _

    Let’s learn!

    Why in the News?

    The Court’s order shows, once again, a reluctance to deal with the main issue — it should have taken a clear stand on the validity of the Places of Worship (Special Provisions) Act.

    What were the events leading up to the violence in Sambhal?

    • Survey Controversy: The local civil court ordered a survey of the Sambhal masjid, which heightened tensions among community members. This survey was perceived as an infringement on religious sentiments, leading to protests and unrest.
    • Political Context: The backdrop of communal politics in India, where historical grievances are often invoked, contributed to the volatility of the situation. The mosque’s status became a focal point for various groups, exacerbating tensions.
    • Loss of Lives: The unrest resulting from the survey led to violence and loss of human lives, highlighting the severe implications of judicial decisions that touch on sensitive communal issues.

    How did the judicial system respond?

    • Supreme Court’s Order: The Supreme Court ordered a freeze on proceedings related to the survey and directed the matter back to the Allahabad High Court, effectively deferring a decisive ruling on the issue.
    • Judicial Deferment: This approach reflects a pattern of judicial inaction, where the Court avoids making definitive rulings on contentious issues, opting instead for temporary measures to maintain peace.
    • Failure to Uphold Legislation: Critics argue that the Court’s reluctance to uphold the Places of Worship (Special Provisions) Act, 1991, which aims to preserve the status quo of places of worship as they existed in 1947, represents a failure to honour legislative intent.

    What are the implications of judicial inquiries and commissions in addressing communal tensions?

    • Limited Effectiveness: Judicial inquiries and commissions often serve as mechanisms for delay rather than resolution, as seen in previous cases like those involving the Citizenship (Amendment) Act and farm laws. They may lead to temporary solutions without addressing underlying legal issues.
    • Erosion of Trust: When courts engage in deferment rather than decisiveness, it can erode public trust in the judiciary’s ability to handle communal tensions effectively.
    • Potential for Inaction: The reliance on committees or inquiries can create a perception that the judiciary is avoiding its duty to decide, potentially emboldening communal actors who seek to exploit legal ambiguities.

    How does this case reflect broader issues of judicial accountability and public trust in the legal system?

    • Judicial Inactivism: The phenomenon described by Chad M. Oldfather highlights that judicial inaction can have significant consequences, often more difficult to detect than overreach. This in-activism can undermine public confidence in judicial integrity.
    • Need for Assertiveness: The Supreme Court’s reluctance to assertively interpret and uphold laws like the Places of Worship Act raises concerns about its commitment to constitutional principles such as secularism and fraternity.
    • Impact on Communal Harmony: Judicial decisions—or lack thereof—play a crucial role in shaping societal dynamics. Inaction on contentious issues can exacerbate communal tensions rather than mitigate them, leading to further unrest and division within society.

    Way forward: 

    • Assertive Judicial Intervention: The Supreme Court should proactively address sensitive communal issues by upholding laws like the Places of Worship Act, ensuring that judicial decisions reflect the constitutional values of secularism and fraternity, and prevent further exploitation of legal ambiguities.
    • Timely and Decisive Rulings: To restore public trust, the judiciary must avoid deferring critical cases to lower courts or committees and instead issue clear, binding decisions that resolve underlying legal disputes, thereby maintaining social harmony and reinforcing accountability.

    https://www.thehindu.com/opinion/lead/sambhal-and-the-perils-of-judicial-evasion/article68970254.ece 

  • The code of conduct judges need to follow

    Why in the News? 

    Justice Shekhar Kumar Yadav of the Allahabad High Court made comments against the Muslim community at an event organized by the Vishwa Hindu Parishad’s legal cell, which has caused a lot of public criticism.

    What are the key ethical principles outlined in the code of conduct for judges?

    • Majority Rule: Justice Yadav stated that India would function according to the wishes of the majority, referring to Hindus as the “bahusankhyak” (majority) community. He implied that the values taught to children in one community differ significantly from those in another, particularly regarding animal slaughter practices.
    • Critique of Muslim Practices: He criticized certain practices within the Muslim community, such as polygamy and triple talaq, while asserting that Hindus revere women as goddesses. This comparison has been interpreted as a direct attack on Islamic traditions.
    • Response from Legal Community: The Campaign for Judicial Accountability and Reforms has called for an inquiry into Justice Yadav’s conduct, arguing that his statements violate judicial ethics and undermine public confidence in the judiciary. Prominent legal figures have also suggested impeachment proceedings against him.

    How do codes of conduct vary across different jurisdictions and judicial systems?

    • United States: The American Bar Association has established Model Rules of Professional Conduct which emphasize independence, integrity, and impartiality.
    • United Kingdom: The Judicial Conduct Investigations Office oversees judicial behavior, with a focus on maintaining public confidence in the judiciary.
    • India: The Restatement of Values of Judicial Life serves as a guiding document for judges, emphasizing the need for impartiality and respect for constitutional values.

    What are the consequences for judges who violate the code of conduct?

    • In-House Procedures: Many jurisdictions have internal mechanisms allowing for complaints against judges to be investigated without public embarrassment.
    • Impeachment: In severe cases, judges can be impeached for misconduct, requiring a significant legislative majority to proceed.
    • Public Reprimand or Suspension: Depending on the severity of the violation, judges may receive reprimands or temporary suspensions from their duties.

    Way forward: 

    • Strengthen Accountability Mechanisms: Establish clearer and more transparent procedures for addressing judicial misconduct, including an independent body to investigate complaints and ensure timely action, thus preserving public trust in the judiciary.
    • Promote Judicial Sensitivity and Training: Implement regular training programs on diversity, impartiality, and the ethical responsibilities of judges to reinforce the importance of maintaining neutrality and respect for all communities, both in and out of the courtroom.

     

    The Opposition in Rajya Sabha is preparing to move a motion for impeachment of Allahabad High Court Judge for the same controversial remarks inciting communal hatred.

    Impeachment Process for Judges in India:

    About
    • The process involves Parliament passing an address to the President to remove the judge.
    • To pass the motion, two–thirds of the MPs present and voting in both Lok Sabha and Rajya Sabha;
      • Must approve it, with a majority of more than 50% of the total membership of each House.
    Key Constitutional Provisions
    • Article 124(4): The judge can only be removed by a Presidential order, passed after a majority vote in both Houses of Parliament.
    • The vote must come from two-thirds of the members present and voting.
    • Articles 218 of the Constitution extends the same rules to High Court judges.
    • The impeachment process ensures judicial independence by maintaining a high bar for removal, limiting political influence.
    Grounds for Impeachment
    • A judge of the Supreme Court or High Court can be impeached on two grounds: “proved misbehaviour” or “incapacity” as per the Constitution of India.
    • Further clarified in the Judges (Inquiry) Act, 1968, including:
      • Misuse of office
      • Grave offences that undermine the judge’s integrity
      • Contravention of the provisions of the Constitution.
    What does the process entail? Procedure under the Judges Inquiry Act, 1968:

    Initial Step: The impeachment motion must be signed by at least 100 MPs in the Lok Sabha and 50 MPs in the Rajya Sabha.

    Committee Formation: Once the motion is introduced, the Speaker or Chairperson of the respective House forms a three-member inquiry committee:

    1. Headed by the Chief Justice of India or a Supreme Court judge.
    2. The second member is usually a Chief Justice of any High Court.
    3. The third member is a distinguished jurist, appointed by the Speaker or Chairman.

    Inquiry Process: The committee investigates the charges, cross-examines witnesses, and regulates its procedure.
    The committee may also request a medical test if the charge relates to mental incapacity.

    Outcome: If the committee finds the judge not guilty, the motion is dismissed. If found guilty, it will be reported back to the House for further action.

     

    Instances of Impeachment in India:

    • 1993: Justice V Ramaswami (Supreme Court) faced impeachment proceedings on financial impropriety. The motion was unsuccessful despite a guilty finding.
    • 2011: Justice Soumitra Sen (Calcutta High Court) was impeached for corruption but resigned before Lok Sabha could take up the matter.
    • 2015: Justice S K Gangele (Madhya Pradesh High Court) faced impeachment on charges of sexual harassment, but the committee cleared him in 2017.
    • 2015: Justice J B Pardiwala (Gujarat High Court) faced impeachment for controversial remarks about reservation but the motion was dropped after the judge expunged the remarks.
    • 2017: Justice C V Nagarjuna (Andhra Pradesh & Telangana High Court) faced impeachment for financial misconduct and victimizing a Dalit judge, but the motion was not pursued.

     

    Mains PYQ:

    Q Distinguish between laws and rules. Discuss the role of ethics in formulating them. (UPSC IAS/2020)

  • What are the controversies around pardoning power?

    Why in the News?

    U.S. President Joe Biden has issued an unconditional pardon to his son, Hunter Biden, who was facing sentencing for federal tax and gun-related convictions.

    What is the history of the pardoning power in the U.S.? 

    • Constitutional Basis: The U.S. Constitution grants the President the power to grant pardons for federal offenses under Article II, Section 2, which states that the President can “grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment”.
    • Historical Use: This power has been exercised by every president since George Washington. Notable historical examples include George Washington’s pardon of participants in the Whiskey Rebellion and Bill Clinton’s pardon of his half-brother Roger on his last day in office.
    • Controversial Pardons: The pardoning power has often been mired in controversy, with instances such as Donald Trump pardoning his son-in-law’s father and Joe Biden now pardoning his son Hunter. These actions have raised questions about nepotism and pthe olitical motivations behind such decisions.

    What is the current controversy?

    • Hunter Biden’s Pardon: President Joe Biden granted an unconditional pardon to his son Hunter for federal tax and gun convictions.
      • This decision has sparked significant backlash from both Republicans and some Democrats, who view it as an abuse of power and a contradiction to Biden’s earlier statements that he would not intervene in his son’s legal matters.
    • Political Motivations: Biden defended his decision by claiming Hunter was unfairly prosecuted due to political motives. Critics argue that this reflects a broader pattern of using presidential pardons for personal or political gain, undermining public trust in the justice system 37.

    What is the Indian system?

    • Constitutional Provisions: In India, Articles 72 and 161 empower the President and Governors to grant pardons, commutations, remissions, or reprieves. Unlike in the U.S., these powers are exercised on the advice of the council of ministers.
    • Nature of Pardon: A pardon in India absolves an offender from conviction and all associated disqualifications. The Supreme Court has held that this power is subject to judicial review to prevent arbitrary or biased decisions.
    • Political Controversies: Similar to the U.S., pardoning decisions in India have been embroiled in political controversies, often reflecting governmental biases or public sentiment at the time.

    Way Forward

    • Need for Reform: Critics argue that modern uses of pardoning powers often serve political interests rather than justice. There is a call for reform to ensure that these powers are exercised transparently and judiciously.
    • Establishing Review Mechanisms: Learning from practices in other democracies, such as the UK’s Criminal Cases Review Commission, which investigates alleged miscarriages of justice, could help establish a more systematic approach to reviewing pardons and clemency applications 6.
    • Maintaining Public Trust: It is crucial for any future exercise of pardoning power to be conducted without perceptions of nepotism or bias.

  • How ‘socialist’ and ‘secular’ were inserted in the Preamble, why SC ruled they will stay?

    Why in the News?

    Nearly 75 years after the adoption of the Constitution of India, the Supreme Court reaffirmed (on 25th Nov’ 24) the inclusion of the terms ‘socialist’ and ‘secular’ in the Preamble of the Constitution.

    What historical context led to the insertion of the terms ‘socialist’ and ‘secular’ in the Preamble?

    • The Objectives Resolution, introduced by Jawaharlal Nehru in 1946, laid foundational principles for the Constitution, emphasizing independence, equality, and minority rights, which set the stage for later amendments.
    • Initial discussions around socialism and secularism occurred during the drafting of the Constitution, with early proposals to include these concepts being rejected. The debates highlighted differing views on the role of socialism and secularism in India’s governance.
    • The terms ‘socialist’ and ‘secular’ were inserted into the Preamble during the Emergency (1975-1977) under the 42nd Amendment, a time characterized by significant political unrest and government overreach.

    What was the SC’s reasoning for upholding these terms in the Preamble?

    • Evolution of Meaning: The Supreme Court noted in 1973 () that the meanings of ‘socialism’ and ‘secularism’ have evolved over time within the Indian context.
      • The court recognized that these terms now reflect principles of economic justice and religious neutrality rather than strict ideological definitions.
    • Interpretation of Secularism: The court emphasized that India’s interpretation of secularism is unique, where the state neither endorses nor discriminates against any religion. This interpretation aligns with the Preamble’s ideals of fraternity and equality.
    • Socialism as Economic Justice: The court defined socialism as ensuring economic and social justice, asserting that it does not impede private enterprise but rather supports state intervention to uplift marginalized communities.

    How do ‘socialist’ and ‘secular’ reflect India’s Constitutional values and principles?

    • Commitment to Justice: The inclusion of ‘socialist’ reflects a commitment to social and economic justice, aiming to reduce inequalities in society.
    • Religious Neutrality: By incorporating ‘secular’, the Constitution underscores India’s commitment to religious pluralism and the protection of individual rights regardless of faith.
    • Basic Structure Doctrine: The Supreme Court’s decision reinforces the idea that these terms are integral to the basic structure of the Constitution, which cannot be altered or removed without undermining India’s democratic framework.

    What are the steps taken by the Government to implement the Socialist and Secular principles of the Preamble?

    • Promoting Social Justice (Socialist): Welfare schemes like MNREGA, Ayushman Bharat, and PDS reduce poverty and ensure equitable access, while progressive taxation and affirmative action address economic disparities.
    • Ensuring Religious Neutrality (Secular): Laws protecting religious freedom, minority rights (Articles 25–30), and institutions like the National Commission for Minorities promote interfaith harmony and safeguard pluralism.
    • Strengthening Democracy and Equality: Free and fair elections by the Election Commission and rights-based laws like the RTE Act and the SC/ST (Prevention of Atrocities) Act ensure equality, fraternity, and justice for all.

    Way forward: 

    • Strengthening Constitutional Values: Enhance awareness of constitutional principles through education and public campaigns, ensuring adherence to secularism, socialism, and democratic ideals in policymaking.
    • Inclusive Governance: Implement targeted programs to address socio-economic inequalities, promote interfaith dialogue, and uphold democratic rights, fostering harmony and justice in a diverse society.

    Mains PYQ:

    Q Discuss each adjective attached to the word ‘Republic’ in the preamble. Are they defendable in the present circumstances stances?. (UPSC IAS/2016)

  • From a republic to a republic of unequals

    Why in the News?

    On November 26, 2024, India celebrated 75 years of its Constitution, honouring how leaders from different viewpoints worked together in the Constituent Assembly to build a nation that respects the rights and interests of all cultural groups.

    Why Did Constitution Makers Agree to Create a Liberal Political State in India?

    • Emphasis on Liberty: The Constitution-makers embraced liberalism, which prioritizes individual freedom and the belief that citizens should operate without state interference. This was seen as essential for realizing human potential in intellectual, moral, and physical dimensions.
    • Positive State Role: Recognizing the severe social and economic inequalities at Independence, the framers concluded that a purely liberal approach without state intervention would exacerbate these disparities. Thus, they envisioned a state that actively works to reduce inequality through affirmative action and policies designed to uplift marginalized groups.
    • Egalitarian Vision: The Constitution reflects principles of egalitarian liberalism, aiming to create an inclusive society where equal opportunities are available to all. This is evident in the Fundamental Rights and Directive Principles of State Policy (DPSP), which advocate for reducing inequalities and ensuring fair access to resources.

    How Does the Neoliberal Ideological Order Shadow the Constitutional Vision of Creating an Egalitarian Social Order in India?

    • Concentration of Wealth: The neoliberal agenda has facilitated wealth concentration among a small elite, undermining constitutional provisions intended to prevent such disparities.
      • The report that indicates that by 2022-23, 90% of billionaire wealth was held by upper castes in India is titled “Towards Tax Justice and Wealth Redistribution in India” (2024), prepared by the World Inequality Lab at the Paris School of Economics.
    • Shift in Economic Focus: Since the adoption of neoliberal reforms in the 1990s, there has been a marked shift towards prioritizing private capital investment over welfare state interventions.
    • Rising Inequality: Research indicates that income inequality has surged post-reforms, with the top 1% of earners capturing an increasing share of total income rising from 6% in the 1980s to approximately 22% by 2022-23.

    What Policy Measures Can Be Implemented to Address Inequality Effectively? (Way forward)

    • Strengthening Welfare Policies: Reinvigorating welfare state mechanisms to ensure basic needs are met for all citizens can help bridge the gap between different socio-economic groups. This includes enhancing social security systems and public health initiatives.
    • Affirmative Action: Expanding affirmative action policies can help uplift marginalized communities by ensuring their representation in education, employment, and political spheres.
    • Progressive Taxation: Implementing a more progressive tax system can redistribute wealth more equitably. Higher taxes on the wealthy can be used to fund social programs aimed at reducing poverty and improving access to education and healthcare.
    • Community Resource Management: Encouraging community-based management of resources can empower local populations and ensure equitable distribution of wealth generated from local economies.
    • Regulatory Frameworks: Establishing robust regulatory frameworks that prevent monopolistic practices and ensure fair competition can help mitigate wealth concentration and promote economic equity.

    Mains PYQ:

    Q COVID-19 pandemic accelerated class inequalities and poverty in India. Comment. (UPSC IAS/2020)

  • Feminist ideology in India’s constitutional discourse

    Why in the News?

    Referring to the framers of India’s Constitution solely as “founding fathers” reflects patriarchal bias, overlooking the pivotal contributions of the “founding mothers” who co-authored its progressive vision like UCC (Uniform Civil Code).

    What are the implications of the UCC for women’s rights in a diverse society?

    • Equality Across Personal Laws: The UCC aims to replace personal laws based on the scriptures and customs of each major religious community in India with a common set governing every citizen.
    • Legal Protection Against Patriarchal Religious Law: By establishing a uniform framework, the UCC could provide women with equal rights in matters traditionally dominated by patriarchal interpretations of religious laws.
    • Cultural Resistance: The implementation of the UCC faces resistance due to India’s diverse cultural landscape. Many communities view it as an infringement on their religious freedoms.

    How does feminist constitutionalism challenge traditional interpretations of the Indian Constitution?

    • Challenging Patriarchal Narratives: Feminist constitutionalism critiques traditional interpretations that often marginalise women’s contributions and rights.
      • For example, while the Indian Constitution guarantees equality, its application has frequently been undermined by personal laws that perpetuate women’s subordination.
    • Reinterpreting Constitutional Provisions: Feminist legal theorists argue for a reinterpretation of constitutional provisions to ensure they align with contemporary understandings of gender equality.
    • Historical background of the Constitution: The historical context of the Constitution’s framing reveals that while women like Amrit Kaur and Hansa Mehta fought for equal rights, their efforts were often compromised by the need to secure broader political consensus.
      • For example, Hansa Mehta and Amrit Kaur strongly advocated for the inclusion of the UCC under the Fundamental Rights to ensure gender equality in personal laws.

    5 women who helped draft the Constitution

    What role does historical context play in shaping contemporary gender jurisprudence in India?

    • Legacy of Founding Mothers: The contributions of women in the Constituent Assembly have been historically overlooked, yet their advocacy for fundamental rights laid a foundation for future gender jurisprudence.
    • Impact on Contemporary Legislation: Historical struggles against patriarchal norms inform today’s feminist movements and legal battles. The ongoing discourse around the UCC is rooted in these historical contexts, highlighting both progress made and obstacles remaining in achieving true gender equality.
    • Intersectionality: The intersectional experiences of women from diverse backgrounds during the Constitution’s framing underscore the need for inclusive legal frameworks that address not only gender but also caste, class, and community-specific issues.

    In what ways can feminist legal theory contribute to redefining concepts of justice and equality in India? (Way forward)

    • Redefining Justice and Equality: Feminist legal theory advocates for a broader understanding of justice that encompasses social, economic, and cultural dimensions rather than merely legalistic definitions. This perspective encourages policies that address systemic inequalities faced by women.
    • Promoting Inclusive Dialogue: By emphasizing women’s voices and experiences in legal discourses, feminist theory fosters inclusive dialogue about rights and justice, challenging dominant narratives that often exclude marginalized groups.
    • Encouraging Legislative Reforms: Feminist legal scholars push for legislative reforms that reflect an understanding of gender as a social construct influenced by cultural norms, thereby advocating for laws that protect women’s rights comprehensively across all spheres.

    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)

  • [26th November 2024] The Hindu Op-ed: The Constitution still thrives, let it show India the way

    PYQ Relevance:
    Q) ‘Constitutional Morality’ is rooted in the Constitution itself and is founded on its essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of relevant judicial decisions. (UPSC CSE 2021)

    Mentor’s Comment:  UPSC Mains have focused on Constitutional Principles (2014 and 2019) with respect to ‘basic features’ and ‘checks and balances’.  

    Before commending the Constitution’s work to the Assembly, Dr. B. R. Ambedkar said that – “however good a Constitution may be, it is sure to turn out bad because those who are called to work it, happen to be a bad lot. However bad a Constitution may be, it may turn out to be good if those who are called to work it, happen to be a good lot.”

    Today’s editorial focuses on the enduring relevance and adaptability of the Indian Constitution. This content can be used whicle inferring ‘Constitutional Background’, ‘Core Principles of the Constitution’ and ‘Balance of Power’ in your Mains Answers.

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    Let’s learn!

    Why in the News?

    Today 26th November, marks the 75th anniversary of the adoption by the Constituent Assembly of the draft Constitution of India. The Union government has announced that it intends to commemorate this momentous occasion with a special joint sitting of Parliament.

    Historical Background:

    The Indian Constitution is celebrated for its comprehensive framework that establishes India as a sovereign, socialist, secular, and democratic republic. The Constitution not only outlines the structure of government but also enshrines fundamental rights that protect individual freedoms and uphold justice.

    Core Principles:
    • Justice: Ensuring fairness in all judicial processes.
    • Liberty: Protecting individual freedoms against state interference.
    • Equality: Guaranteeing equal treatment under the law.
    • Fraternity: Promoting a sense of brotherhood among citizens.

    How does the Constitution adapt to the changing socio-political landscape of India?

    • Amendability: This structure enables the Constitution to evolve without compromising its core principles, through Article 368, ensuring it remains relevant to current societal needs:
      • Simple Majority: Some provisions can be amended by a simple majority in Parliament.
      • Special Majority: Others require a special majority, which includes a two-thirds majority in both Houses.
      • Ratification by States: Certain amendments necessitate ratification by at least half of the state legislatures.
    • Judicial Interpretation: The Supreme Court of India has established several landmark judgments that illustrate this adaptability with changing conditions:
      • Kesavananda Bharati Case (1973): This case introduced the “basic structure doctrine,” asserting that while Parliament can amend the Constitution, it cannot alter its fundamental framework.
      • Right to Privacy: The Supreme Court’s recognition of the right to privacy as a fundamental right under Article 21 demonstrates how judicial interpretation can expand constitutional protections in response to modern concerns.
    • Balancing Rigidity and Flexibility: The hybrid nature of the Indian Constitution—combining elements of rigidity with flexibility—ensures that balance is crucial for maintaining democratic governance and protecting fundamental rights against arbitrary alterations.
    • Dynamic Nature of Constitutional Principles: CJI D.Y. Chandrachud emphasized that no single generation holds a monopoly over constitutional interpretation, reflecting a continuous dialogue between generations. This dialogue allows for evolving challenges such as technological advancements and changing social norms.
    • Inclusion of New Realities: The Constitution’s flexibility facilitates the inclusion of new realities and societal demands:
      • Directive Principles of State Policy (DPSP): These principles guide the state in policy-making and reflect socio-economic changes, allowing for progressive reforms in areas like social justice and economic equity.
      • Gender Equality and Rights: Recent rulings have addressed gender discrimination in religious practices, showcasing how the Constitution adapts to uphold rights against traditional norms.

    What is the significance of constitutional values in promoting justice and equality in India?

    • Justice: The Constitution guarantees justice through its Preamble and Fundamental Rights, ensuring that every citizen can receive fair treatment under the law.
      • For instance, the Joseph Shine v. Union of India (2018) case decriminalized adultery, reinforcing gender equality and emphasizing that both partners in a marriage should be treated equally under the law.
    • Equality Before Law: Article 14 ensures that all individuals are treated equally, prohibiting discrimination.
      • The Navtej Singh Jauhar v. Union of India (2018) case is a landmark ruling that decriminalized consensual same-sex relationships by striking down Section 377 of the Indian Penal Code, thus affirming the rights of the LGBTQ+ community and promoting social equality.
    • Fraternity and Social Cohesion: The value of fraternity promotes unity and respect among diverse communities. Chief Justice D.Y. Chandrachud emphasized the importance of mutual fraternity for maintaining equality in order to raise awareness about constitutional values, highlighting that dignity and respect for all citizens are foundational to national unity.
    • Economic Equality: The Constitution also addresses economic disparities through Directive Principles, aiming for equal rights to livelihood and equal pay for equal work (Article 39). This framework guides government policies towards creating a more equitable society.

    In what ways can citizens actively engage with and uphold constitutional ideals?

    • Participating in Local Governance: The 74th Constitutional Amendment Act empowers citizens to participate in local governance through structures like ward committees. These committees allow residents to voice concerns and influence local decisions.
      • For example, Under JNNURM (Jawaharlal Nehru National Urban Renewal Mission), various states established Area Sabhas (neighborhood committees) to facilitate citizen participation in urban planning.
      • In cities like Pune, these committees have successfully engaged citizens in developing city plans, leading to improved infrastructure and services based on community needs.
    • Advocating for Rights and Social Justice: Citizens can advocate for their rights by participating in legal awareness programs that educate them about their constitutional rights.
      • For example initiative like the ‘Vidhi Jagriti Abhiyaan’ focuses on educating rural populations (especially women) about their legal rights, enabling them to seek justice against violations.
    • Engaging in Digital Activism: With the rise of digital media, citizens can use online platforms to raise awareness about constitutional issues and mobilize support for various causes.
      • The #MeToo movement gained significant traction on social media, where women shared their experiences of harassment and sought justice.
    • Participating in Elections and Civic Duties: Active participation in elections is fundamental to democracy. Citizens should not only vote but also engage with candidates and political parties on issues that matter to them.
      • Initiatives like the Systematic Voters’ Education and Electoral Participation (SVEEP) program have successfully increased voter turnout, particularly among young voters. 

    Conclusion: “Independence is no doubt a matter of joy. But let us not forget that this independence has thrown on us great responsibilities. By independence, we have lost the excuse of blaming the British for anything going wrong. If hereafter things go wrong, we will have nobody to blame except ourselves.” – Dr. Ambedkar 

    https://www.thehindu.com/opinion/lead/the-constitution-still-thrives-let-it-show-india-the-way/article68909557.ece

  • [19th November 2024] The Hindu Op-ed: Manipur as a case for imposing Article 356

    PYQ Relevance:

    Q) Though the federal principle is dominant in our Constitution and that priniciple is one of its basic features, but it is equally true that federalism under the Indian Constitution leans in favour of a strong Centre, a feature that militates against the concept of strong federalism. (UPSC CSE 2014)

    Q) Given the diversities among tribal communities in India, in which specific contexts should they be considered as a single category? (UPSC CSE 2022)

    Prelims Relevance: 

    If the President of India exercises his power as provided under Article 356 of the Constitution in respect of a particular State, then (2018)
    (a) The Assembly of the State is automatically dissolved. 
    (b) The powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament. 
    (c) Article 19 is suspended in that State. 
    (d) The President can make laws relating to that State.

    Mentor’s Comment:  Federal issues, state-centre conflicts, or the Northeast ethnic issues have always been the focal point for UPSC Mains and Prelims.

    Today’s editorial focuses on present ethnic crises and government failure in the Manipur state. It majorly talks about the implications that we can face after the application of the President’s Rule.

    We can use this content for topics like – Governance failure, Federal challenges, and Ethno-religious issues in India.

    _

    Let’s learn!

    Why in the News?

    The continued violence in Manipur since May 2023 shows a failure of governance, making it necessary for the President to use Article 356, even without waiting for the Governor’s report.

    About Article 356 

    • Provision of President’s Rule: Article 356 allows the President of India to take direct control of a state if its constitutional machinery fails, typically leading to the dissolution or suspension of the state government.
    • Conditions for Invocation: It can be invoked based on the Governor’s report or if the President is otherwise satisfied that the state cannot be governed under constitutional provisions.

    Why the state of Manipur reflects a classic case of failure of Constitutional machinery?

    • Manipur exemplifies a failure of constitutional machinery due to the unabated violence that erupted in May 2023, which has led to significant loss of life and displacement.
      • The ongoing ethnic conflict between the Meitei and Kuki-Zo communities has resulted in over 250 deaths and the displacement of approximately 60,000 people, indicating a breakdown of law and order. 
    • The President of India is empowered under Article 356 to intervene when a state’s governance cannot be maintained according to constitutional provisions, and the situation in Manipur has prompted calls for such intervention.
      • The inability of both state and central governments to restore peace and protect citizens’ rights underscores this constitutional failure.

    What are the recent issues and challenges related to Manipur?

    • Ethnic Violence: Continuous clashes between the Meitei and Kuki communities have resulted in significant casualties and widespread destruction.
    • Displacement: More than 60,000 individuals have been displaced from their homes, living in precarious conditions in relief camps.
    • Government Inaction: Reports indicate a lack of effective response from both state and central governments, leading to accusations of complicity or negligence.
    • Human Rights Violations: Numerous reports highlight serious human rights abuses, including gender-based violence, extrajudicial killings, and the destruction of property.
    • Political Instability: The ruling party’s inability to manage the crisis has led to calls for accountability and demands for the Chief Minister’s resignation.
    What are the reasons behind the Manipur issues? 

    • Historical Ethnic Tensions and Insurgency: Long-standing ethnic conflicts between the Hindu Meitei and Kuki-Zomi tribal groups, fueled by land rights disputes and autonomy movements, have created a climate of mistrust and violence.
    • Immediate Triggers: The Manipur High Court’s directive to consider ST status for the Meitei community sparked protests by tribal groups, escalating into violent clashes on May 3, 2023.
    • Socio-Political Dynamics: Discriminatory perceptions of government policies, such as eviction drives, and the influx of Kuki refugees from Myanmar have heightened tensions over demographic shifts and resource competition.

    The Supreme Court has issued several orders regarding the situation in Manipur:

    • Initial Response: On May 8, 2023, the Court acknowledged a temporary lull in violence but emphasized the need for law and order maintenance and humanitarian relief.
    • Suo Motu Action: In July 2023, following disturbing reports of sexual violence against women during the riots, the Court demanded accountability from the government for these violations and required updates on actions taken against perpetrators.
    • Continued Oversight: Despite multiple hearings (27 reported), the Court’s interventions have been criticized as slow and ineffective given the ongoing violence and human rights abuses.

    Way forward: 

    • Restoring Law and Order: Deploy neutral central forces to ensure immediate cessation of violence, provide security to all communities, and expedite relief and rehabilitation efforts for the displaced.
    • Inclusive Dialogue and Policy Reform: Facilitate dialogue among ethnic groups to address grievances, implement impartial governance measures, and establish long-term frameworks to promote harmony and equitable resource distribution.

    https://www.thehindu.com/opinion/lead/the-nilgiris-as-a-shared-wilderness/article68820359.ece

  • [18th November 2024] The Hindu Op-ed: The ‘new’ Justitia and reimagining justice

    PYQ Relevance:
    Q) The judicial systems in India and the UK seem to be converging as well as diverging in recent times. Highlight the key points of convergence and divergence between the two nations in terms of their judicial practices. (UPSC CSE 2020)

    Mentor’s Comment:  UPSC Mains have continuously focused on some micro themes in the Judiciary like – Judicial Governance (2023-24), major decisions taken by Apex Court, and the issues/challenges associated with Indian Judiciary (in 2021).

    World Justice Project’s Rule of Law Index ranks India at 69th out of 139 countries,   reflecting public concerns about corruption and delays within the judiciary. Today’s Editorial talks about the challenges and some of the recent initiatives taken by the Judiciary.

    This Editorial can be effectively used as a ‘case study’ as well as for representing present ‘challenges’ faced by the Indian Judiciary.

    _

    Let’s learn!

    Why in the News?

    The Chief Justice of India unveiled a new statue of Lady Justice at the Supreme Court premises, replacing the earlier version. The new statue features Lady Justice in a saree, without a blindfold, holding scales in one hand and the Indian Constitution in the other.

    What is the Background?

    • Origin of Lady Justice: The modern depiction of ‘lady justice’ is rooted in Justitia, the Roman goddess of justice, characterized by a blindfold (clossed eyes), scales, and a sword.
    • The symbolism of the Blindfold: Introduced during the Renaissance as a satire on corrupt legal systems, it later came to represent impartiality during the Enlightenment, emphasizing justice without bias related to wealth or social status.

    How does this new representation reflect societal demands for justice?

    • Colonial Influence: The British legal system established in India introduced a hierarchical court structure. ‘Lady justice’ became a prominent symbol in Indian courts during this period.
    • Decolonial Intent: The new statue aims to replace colonial symbols with representations more aligned with Indian traditions.
      • Cultural Representation: The statue’s attire is changed to a saree, reflecting Indian heritage.
      • Open Eyes: The removal of the blindfold signifies that justice is not blind. It acknowledges social diversity and the need for nuanced approaches to justice for underprivileged groups.
      • Constitution as Symbol: The sword is replaced with the Constitution, highlighting its supremacy in Indian jurisprudence while maintaining the scales to signify impartiality in weighing evidence.

    What are the implications of it?

    • Controversies Around Statues: Historical controversies surrounding judicial statutes highlight the need for careful consideration of how justice is visually represented. Questions arise about whether justice should embody protest and resistance or reflect lived experiences and struggles.
    • Re-envisioning Justice: There is a call for justice representations to signify virtues such as feminism, anti-caste sentiments, secularism, and judicial independence. The aim is to creatively challenge existing biases within the judiciary while fostering discussions on improving public perceptions without perpetuating new forms of discrimination based on caste or religion.

    Interpretation may differ related to the new statute of Lady justice but the Government should focus on issues related Judiciary in India: 

    What are the challenges related to the judiciary?

    • Judicial Delays: The Supreme Court recently dismissed a plea for a three-year timeline to resolve over five crore pending cases, citing practical challenges due to overwhelming litigation.
    • Revised Memorandum of Procedure: There is an urgent need to finalize this document regarding judge appointments to enhance transparency and accountability in the judiciary.
    • Representation Issues: Less than 25% representation from backward classes, scheduled castes, tribes, and religious minorities exists in higher judiciary roles; women represent less than 15%. Appointments should reflect India’s social diversity.
    • Court Capacity: High Courts operate at only 60-70% capacity, exacerbating case backlogs. The government needs to expedite appointments based on collegium recommendations and fill vacancies in lower courts promptly.
    • Priority Cases: Constitutional validity cases and those concerning individual liberties should be prioritized by the higher judiciary to ensure timely justice delivery.

    Way forward: 

    • Strengthen Judicial Capacity: Expedite appointments in higher and lower courts to address vacancies, enhance infrastructure, and streamline case management systems to reduce pendency.
    • Promote Diversity and Transparency: Finalize the Memorandum of Procedure for judicial appointments, ensuring representation of marginalized communities and women to reflect India’s social diversity and foster inclusivity.

    https://www.thehindu.com/opinion/op-ed/the-new-justitia-and-reimagining-justice/article68879316.ece#:~:text=The%20addition%20of%20the%20open,India%20in%20her%20left%20hand.

  • Amendments of Indian Constitution

    Amendments of Indian Constitution

    Constitutional forefathers were aware of the fact that an extremely rigid constitution would not fulfill the aspirations of future generations. They also believed that the Constitution should be a living document that would be shaped by the exigencies of the time. So, the constitution makers incorporated Part-XX (Article 368) to provide for a detailed procedure to amend the constitution.

    Amendment Procedure

    AspectExclusive Power of Parliament: Only Parliament can introduce a constitutional amendment bill, not state legislatures.
    Introduced by: Any member of Parliament can introduce the bill.
    No Prior Approval: President’s recommendation is not required to introduce the bill.
    Legislative Procedure in ParliamentMajority: Passed by a special majority in each House (majority of total membership and two-thirds of members present and voting).
    No Joint Sitting: Each House must pass the bill separately; no provision for a joint sitting.
    Ratification by State LegislaturesIf amending federal provisions, the bill must be ratified by half of the state legislatures by a simple majority.
    Presidential AssentAssent Required: President must give assent once the bill is passed by Parliament and ratified by states, if necessary. (24th amendment)
    Becomes an Act: The bill becomes a Constitutional Amendment Act after Presidential assent.

    Types of Amendments

    Type of AmendmentDetailsExample
    Amendment by Simple MajorityNot under Article 368: Done through a bill passed by each house with a simple majority.Creation/abolition of legislative councils, quorum in Parliament, MP salaries, rules of procedure, privileges, use of English in Parliament, number of Supreme Court judges, more jurisdiction to Supreme Court, citizenship, elections.
    Amendment by Special Majority of ParliamentArticle 368: Bill passed by each house with a special majority.Fundamental rights, DPSPs, and other non-specified provisions.
    Required Majority: Majority of total members and two-thirds of members present and voting.For 540 members in Lok Sabha, 273 total members and 354 (two-thirds of 531 present) must approve.
    Amendment by Special Majority and Ratification by StatesFederal Structure Provisions: Special majority in Parliament and ratification by half of state legislatures.Election process of President, Union and state executive powers, legislative functions distribution, High Courts, Supreme Court, seventh schedule lists, state representation in Parliament, Article 368, GST Council.
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    Need for Amendment

    Reason for AmendmentDetailsSpecific Examples
    Adapting to Social ChangeAmendments often reflect evolving social norms, values, and requirements of the society.– Constitutional (One Hundred and Third Amendment) Act, 2019: Provides for reservation in education and public employment for economically weaker sections.
    Technological AdvancementsUpdates to accommodate technological progress and address new-age challenges.101st Amendment, 2016: Introduced the Goods and Services Tax (GST)
    Correcting Oversights or ErrorsAddress ambiguities or outdated provisions in the constitution that may arise over time.The 44th Amendment of the Indian Constitution, sought to undo several changes made by the controversial 42nd Amendment during the Emergency period
    Judicial DirectivesAmendments in response to judicial interpretations that necessitate legislative clarification.The 24th Amendment of the Indian Constitution was a direct response to judicial challenges and debates about the extent and limitations of the Parliament’s amendment powers.
    Decentralization of PowerEnhance governance by redistributing power and responsibilities, fostering local governance. Constitutional (Seventy-third Amendment) Act, 1992 and Constitutional (Seventy-fourth Amendment) Act, 1992: Strengthened the Panchayati Raj institutions and introduced similar structures for urban local bodies.
    Protecting RightsExpand or recalibrate fundamental rights to reflect contemporary values and international standards.– Constitutional (Eighty-sixth Amendment) Act, 2002: Made education a fundamental right for children aged 6 to 14 years under Article 21A.
    Structural ReformsModify or streamline governmental and judicial structures to enhance efficiency and effectiveness.– Constitutional (One Hundred and First Amendment) Act, 2016: Introduced the Goods and Services Tax (GST) for a uniform tax regime across the country.

    Criticism of Amendment Procedure

    CriticismDetails
    Concentration of Power – Limited Role of StatesOnly Parliament can amend the Constitution; state legislatures cannot introduce amendments.
    Excessive Powers to ParliamentParliament can change most of the Constitution with a special or simple majority.
    Dual Role of ParliamentParliament has both constituent and ordinary law-making powers; no separate constituent assembly.
    No Provision for Joint SittingNo joint sitting for resolving deadlocks over constitutional amendment bills.
    Similar to Ordinary Law MakingThe process of amending the Constitution is similar to making ordinary laws, except for the need for a special majority.

    Limitations of Amendment powers of Parliament

    LimitationDetailsExamples/Notes
    Basic Structure DoctrineParliament cannot alter the fundamental framework of the Constitution.Established in Kesavananda Bharati (1973); includes principles like secularism, democracy, and rule of law.
    Procedural LimitationsAmendments must follow a strict procedure, requiring a special majority in Parliament and sometimes ratification by state legislatures.Article 368 outlines these requirements; affects amendments involving federal relations and representation.
    Judicial ReviewThe Supreme Court can review and invalidate amendments that breach the Constitution’s basic structure.Minerva Mills case (1980) and I.R. Coelho case (2007).
    Political and Social ConsensusSubstantial political and social consensus is often necessary for passing amendments due to the requirements for a special majority.
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    SC judgments on Amendment powers of Parliament

    Case NameSummary of Judgment
    Shankari Prasad vs. Union of India (1951)Ruled that Parliament could amend any part of the Constitution, including fundamental rights.
    Sajjan Singh vs. State of Rajasthan (1965)Reaffirmed the ability of Parliament to amend the Constitution under Article 368, including fundamental rights.
    Golaknath vs. State of Punjab (1967)Overturned previous rulings, stating Parliament could not amend fundamental rights.
    Kesavananda Bharati vs. State of Kerala (1973)Introduced the “basic structure” doctrine, establishing that Parliament cannot alter the fundamental framework of the Constitution through amendments.
    Indira Nehru Gandhi vs. Raj Narain (1975)Struck down the 39th Amendment related to the election of the Prime Minister, asserting that amendments violating the “basic structure” of the Constitution are unconstitutional.
    Minerva Mills vs. Union of India (1980)Reinforced the “basic structure” doctrine. Held that clauses inserted by the 42nd Amendment, which declared that no amendment could be called in question in any court, were invalid.
    Waman Rao vs. Union of India (1981)Validated the constitutionality of all amendments made up to the Kesavananda Bharati judgment, applying the basic structure doctrine prospectively, not retrospectively.
    I.R. Coelho (Dead) By LRs vs. State of Tamil Nadu (2007)Reaffirmed the basic structure doctrine. Ruled that laws put in the Ninth Schedule after the Kesavananda Bharati case are subject to judicial review if they violate the basic structure.

    Important amendments

    AmendmentKey Provisions & Significance
    1st Amendment, 1951Empowered the state to make special provisions for the advancement of socially and economically backward classes. 
    Provided for the saving of laws providing for acquisition of estates, etc. 
    Added Ninth Schedule to protect the land reform and other laws included in it from the judicial review. 
    Added three more grounds of restrictions on freedom of speech and expression, viz., public order, friendly relations with foreign states and incitement to an offence. Also, made the restrictions “reasonable” and thus, justiciable in nature. 
    Provided that state trading and nationalisation of any trade or business by the state is not to be invalid on the ground of violation of the right to trade or business.
    24th Amendment, 1971Affirmed the power of Parliament to amend any part of the Constitution including fundamental rights. 
    Made it compulsory for the president to give his assent to a Constitutional Amendment Bill.
    25th Amendment, 1971Provided that any law made to give effect to the Directive Principles contained in Article 39 (b) or (c) cannot be challenged on the ground of violation of the rights guaranteed by Articles 14, 19 and 31.
    42nd Amendment, 1976Added three new words (i.e., socialist, secular and integrity) in the Preamble. 
    Added Fundamental Duties by the citizens (new Part IV A). 
    Made the president bound by the advise of the cabinet. 
    Provided for administrative tribunals and tribunals for other matters (Added Part XIV A). 
    Froze the seats in the Lok Sabha and state legislative assemblies on the basis of 1971 census till 2001. 
    Made the constitutional amendments beyond judicial scrutiny. 
    Raised the tenure of Lok Sabha and state legislative assemblies from 5 to 6 years. 
    Provided that the laws made for the implementation of Directive Principles cannot be declared invalid by the courts on the ground of violation of some Fundamental Rights. 
    Added three new Directive Principles viz., equal justice and free-legal aid, participation of workers in the management of industries and protection of environment, forests and wildlife. 
    Extended the one-time duration of the President’s rule in a state from 6 months to one year. 
    Shifted five subjects from the state list to the concurrent list, viz, education, forests, protection of wild animals and birds, weights and measures and administration of justice, constitution and organisation of all courts except the Supreme Court and the high courts. 
    Empowered the Parliament to decide from time to time the rights and privileges of its members and committees. 
    Provided for the creation of the All-India Judicial Service.
    44th Amendment, 1978Restored the original term of the Lok Sabha and the state legislative assemblies (i.e., 5 years). 
    Omitted the reference to the British House of Commons in the provisions pertaining to parliamentary privileges. 
    Gave constitutional protection to publication in newspapers of true reports of the proceedings of the Parliament and the state legislatures. 
    Empowered the president to send back once the advice of the cabinet for reconsideration. But, the reconsidered advice is to be binding on the president.
    Replaced the term “internal disturbance” by “armed rebellion” in respect of national emergency. 
    Made the President to declare a national emergency only on the written recommendation of the cabinet. 
    Deleted the right to property from the list of Fundamental Rights and made it only a legal right. 
    Provided that the fundamental rights guaranteed by Articles 20 and 21 cannot be suspended during a national emergency. 
    Omitted the provisions which took away the power of the court to decide the election disputes of the president, the vice-president, the prime minister and the Speaker of the Lok Sabha.
    52nd Amendment, 1985Provided for disqualification of members of Parliament and state legislatures on the ground of defection and added a new Tenth Schedule containing the details in this regard.
    61st Amendment, 1989Reduced the voting age from 21 to 18 years, broadening democratic participation.
    73rd Amendment, 1992Granted constitutional status and protection to the panchayati raj institutions. For this purpose, the Amendment has added a new Part-IX entitled as “the panchayats” and a new Eleventh Schedule containing 29 functional items of the panchayats.
    74th Amendment, 1992Granted constitutional status and protection to the urban local bodies. For this purpose, the Amendment has added a new Part IX-A entitled as “the municipalities” and a new Twelfth Schedule containing 18 functional items of the municipalities.
    86th Amendment, 2002Made elementary education a fundamental right. The newly-added Article 21-A declares that “the State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may determine”. 
    Changed the subject matter of Article 45 in Directive Principles. It now reads—“The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years”. 
    Added a new fundamental duty under Article 51-A which reads—“It shall be the duty of every citizen of India who is a parent or guardian to provide opportunities for education to his child or ward between the age of six and fourteen years”.
    99th Amendment Act, 2014Replaced the collegium system of appointing judges to the Supreme Court and High Courts with a new body called the National Judicial Appointments Commission (NJAC). 
    However, in 2015, the Supreme Court declared this amendment act as unconstitutional and void. Consequently, the earlier collegium system became operative again.
    101st Amendment, 2016aved the way for the introduction of the goods and services tax (GST) regime in the country. The GST shall replace a number of indirect taxes being levied by the Union and the State Government. It is intended to remove the cascading effect of taxes and provide for a common national market for goods and services. 
    Provided for the establishment of a Goods and Services Tax Council by a presidential order. 
    Made the provision of compensation to the states for loss of revenue arising on account of introduction of GST for a period of five years.
    102nd Amendment Act, 2018Conferred a constitutional status on the National Commission for Backward Classes which was set-up in 1993 by an Act of the Parliament. 
    Relieved the National Commission for Scheduled Castes from its functions with regard to the backward classes. 
    Empowered the President to specify the socially and educationally backward classes in relation to a state or union territory.
    103rd Amendment Act, 2019Allowed the state to make a provision for the reservation of upto 10% of seats for economically weaker sections in admission to educational institutions including private educational institutions, whether aided or unaided by the state, except the minority educational institutions.
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