Previously, this term was associated with laws like the Prevention of Money Laundering Act (PMLA), 2002 or within the Code of Criminal Procedure (CrPC) under provisions for attachment and forfeiture.
AboutSection 107 of the BNSS
Section 107 of the BNSS, 2023 pertains to the attachment and forfeiture of property categorized as “proceeds of crime.”
It grants the court the authority to attach property at the request of a police officer during an ongoing investigation.
The request must be approved by a Superintendent or Commissioner of Police.
This section gives the court unbridled powers to attach any property believed to be derived from criminal activities and, under specific conditions, to forfeit it to the government.
There is no requirement for the police officer to wait until the completion of the investigation (unlike earlier laws).
Property can be attached during the investigation.
It differs from the PMLA, 2002, in that there are no preconditions like documenting the reasons for believing the property is a result of criminal activity.
After attachment, if the court finds the property to be proceeds of crime, it can direct the District Magistrate to distribute the proceeds to the affected persons within 60 days.
If no claimants are identified, the proceeds are forfeited to the government.
There is a requirement for issuing a show-cause notice within 14 days for the property attachment, and the court can pass an ex parte order if no representation is made.
Its significance
Empowers Law Enforcement: It allows attachment of property during investigations, preventing criminals from hiding or transferring assets.
Faster Relief for Victims: It enables quick distribution of proceeds of crime to affected persons even before the trial concludes.
Stronger Deterrence: It acts as a deterrent by allowing the forfeiture of criminally acquired assets, impacting offenders financially.
State-Level Enforcement: It empowers State governments to manage proceeds of crime, providing more localized control.
PYQ:
[2021] Discuss how emerging technologies and globalisation contribute to money laundering. Elaborate measures to tackle the problem of money laundering both at national and international levels.
The perception of justice is as vital as justice itself, with unelected constitutional institutions expected to uphold transparency and exercise restraint in engaging with elected authorities.
Relationship between Public Perception and the Actual Functioning of the Justice System:
Role of Perception in Justice: Perception of justice is critical because it shapes public trust in institutions. Even if the justice system functions properly, if it is perceived as biased or ineffective, it erodes confidence. The system must not only deliver justice but also be seen as just.
Moral Authority: When unelected constitutional bodies, like the judiciary, demonstrate transparency and accountability, they build moral authority.
Perception vs Reality: Public perception can sometimes be more influential than the actual functioning of the system. Institutions like the judiciary must work to balance delivering justice and managing public perception to maintain credibility.
How Do Systemic Biases Affect Perceptions of Justice Among Marginalized Communities:
Historical and Structural Biases: These perceptions arise when the system disproportionately impacts certain communities, whether through discriminatory practices or unequal access to legal representation.
Erosion of Trust: When systemic biases are evident, marginalized groups may become cynical or disengaged from legal processes, believing that the system is not designed to serve their interests. This creates a widening gap between these communities and the justice system.
Impact on Public Discourse: Systemic biases fuel narratives that the justice system is rigged or unfair. In the long term, this can lead to public apathy, where marginalized groups may stop engaging with the system, assuming that it will not provide them justice.
Broader Reflections on Democracy and Institutions:
Information and Discourse: The explosion of media and social media has blurred the lines between personality-driven and issue-based politics. This shift has led to heightened cynicism, where the focus on individuals overshadows serious discourse on public issues.
Restoring Institutional Integrity: For democracies to thrive, institutions must maintain boundaries defined by constitutional mandates. When constitutional organs exhibit higher standards of probity and transparency, they inspire trust, which is vital for democracy.
Responsibility of Constitutional Institutions: Independent constitutional bodies, like the judiciary, are expected to rise above partisan politics and protect democratic values.
The example of T.N. Seshan, former Chief Election Commissioner of India, exemplifies how individuals can enhance institutional integrity by adhering to constitutional principles and maintaining public confidence.
Conclusion:
The functioning of the justice system, while critical, is deeply influenced by public perception, especially among marginalized communities. Systemic biases create barriers to justice for these communities, reinforcing negative perceptions. Constitutional organs must hold themselves to higher standards, as public trust in these institutions is vital for the health of democracy.
The Bombay High Court on Friday struck down the amended IT Rules, 2023, which allowed the Centre to establish a fact-check unit for monitoring government-related misinformation.
Background of the Case
In April 2023, the Ministry of Electronics and IT (MEiTY) amended the Information Technology (IT) Rules, 2021, to establish a Fact Check Unit (FCU) aimed at identifying “fake, false, and misleading” information about the Central government on social media platforms.
Reason Behind the Strike Down
Violation of Fundamental Right: Justice Chandurkar struck down the amended IT Rules 2023 on grounds that they violated Articles 14 (right to equality), 19 (freedom of speech and expression), and 19(1)(g) (freedom to practice any profession) of the Constitution.
Lack of clear defination: The terms “fake, false and misleading” were deemed vague due to the absence of clear definitions, leading to potential misuse and a chilling effect on intermediaries’ operations.
The ruling emphasized that the lack of clarity in the rules could lead to arbitrary censorship by the government, undermining democratic principles.
What are the IT Rules 2023?
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 empower the government to mandate social media platforms like Facebook, Twitter, Instagram, and YouTube to remove content deemed “fake, false or misleading” regarding government affairs.
The Fact Check Unit (FCU) was designated as the authority to identify such content. If intermediaries failed to comply with its directives, they risked losing their safe harbour status under Section 79 of the IT Act, 2000.
The implications of FCU:
Potential censorship of political discourse and criticism.
Increased pressure on social media platforms to comply with government directives.
A risk of undermining independent journalism and fact-checking efforts by civil society organizations.
Way forward:
Clear Definitions and Safeguards: Introduce precise definitions for terms like “fake, false, and misleading” and establish an independent oversight mechanism to prevent arbitrary censorship, ensuring the protection of free speech and democratic values.
Strengthen Accountability: Encourage collaboration between the government, civil society, and tech platforms to create transparent and accountable fact-checking processes while protecting intermediaries’ safe harbour status and upholding freedom of expression.
The Union Cabinet accepted the Kovind committee’s recommendations for simultaneous Lok Sabha and State Assembly elections, with municipal and panchayat polls within 100 days.
What are the recommendations given by the Kovind Panel?
The panel recommended holding simultaneous elections for the Lok Sabha and State Assemblies as a first step, followed by municipal and panchayat polls within 100 days of the general election.
The President would issue a notification setting an “Appointed Date” to mark the start of the new electoral cycle. All State Assemblies formed after this date would conclude their terms before the next general election.
The panel recommended amendments to Article 83 (duration of Parliament) and Article 172 (duration of State Legislatures) to account for scenarios like a hung assembly or no-confidence motion.
A single electoral roll for Lok Sabha, State Assemblies, and local bodies was proposed to streamline the election process, requiring coordination between the Election Commission of India (ECI) and State Election Commissions (SECs).
The panel suggested 18 amendments to synchronize elections, most of which do not require ratification by State Assemblies but will require a two-thirds majority in both Houses of Parliament.
Significance of Simultaneous Polls:
Cost Efficiency: Holding simultaneous elections is expected to reduce the financial burden by cutting down on the repetitive cost of conducting separate elections.
Increased Governance Efficiency: Simultaneous polls would allow governments to focus on governance rather than being in continuous election mode.
Reduced Electoral Fatigue: Voters and political parties will face fewer disruptions caused by the constant election cycle, leading to more stable and efficient governance.
Economic Benefits: By reducing the frequency of elections, resources can be allocated more effectively toward development and economic growth.
What do the critics say?
Impracticality in a Federal Setup: Critics, including the Congress president, argue that simultaneous elections undermine federalism and the autonomy of State legislatures, which may need to dissolve at different times.
Constitutional Hurdles: Critics emphasize that the changes required would demand significant amendments to the Constitution and may face legal and political challenges, including garnering the required majority in Parliament.
Logistical Concerns: Managing elections for both national and local bodies across a large and diverse country like India would pose logistical difficulties.
Impact on Democracy: Some fear that simultaneous polls may result in the overshadowing of local issues by national politics, potentially harming the representation of state-specific concerns.
Way forward:
Consensus Building and Pilot Implementation: Gradually introduce simultaneous elections by building political consensus through consultations with state governments and stakeholders, and consider a phased implementation, starting with a few states as a pilot.
Strengthening Electoral Framework: Enhance coordination between the Election Commission of India (ECI) and State Election Commissions (SECs), and ensure legal reforms such as the creation of a unified electoral roll and addressing potential challenges like a hung assembly through constitutional safeguards.
Mains PYQ:
Q ‘Simultaneous election to the Lok Sabha and the State Assemblies will limit the amount of time and money spent in electioneering but it will reduce the government’s accountability to the people’ Discuss. (UPSC IAS/2017)
The ongoing first phase of polling for the J&K Assembly significantly marks the first assembly election since 2019’s (Article 370 abrogation), resulting in a fundamentally changed Assembly.
Structural changes made during the J&K Reorganisation Act of 2019:
Statehood to Union Territory: The Act downgraded Jammu and Kashmir from a state to a Union Territory (UT) with a legislature, while Ladakh became a UT without a legislature.
Abrogation of Article 370: The special status granted under Article 370 was removed, extending the Indian Constitution and laws to Jammu and Kashmir in their entirety.
Importance of Election in Jammu and Kashmir:
Restoration of Democratic Governance: After the abrogation of Article 370 in 2019, Jammu and Kashmir lost its statehood and was reorganized as a Union Territory. Elections are crucial to restore democratic governance and allow people to elect their representatives.
Political Representation: The elections offer citizens the opportunity to choose their leaders and voice their concerns, ensuring political representation at a regional level within the framework of the Union Territory.
Restoring Normalcy and Stability: Conducting elections in the region is seen as a step toward restoring political stability and normalcy after a period of uncertainty and tension following the constitutional changes in 2019.
Powers of the J&K Assembly:
Legislative Powers: The J&K Legislative Assembly can make laws on subjects in the State List, except for public order and police, which are under the LG’s jurisdiction. It can also legislate on subjects in the Concurrent List, provided the laws are not repugnant to central legislation.
Financial Bills: Any financial bill or amendment in J&K requires the prior recommendation of the LG before being introduced in the Assembly. This ensures that significant financial decisions are under the control of the central government.
Powers of the Lieutenant Governor of J&K:
Discretionary Powers: The LG has the authority to act independently on subjects outside the Assembly’s purview, such as public order, police, bureaucracy, and the Anti-Corruption Bureau.
Final Authority: The LG’s decisions on whether a subject falls under his discretion are final and cannot be challenged in court. This gives the LG significant control over governance in the UT.
Appointment Powers: The LG has the power to appoint the Advocate General, law officers, and approve prosecutions, further enhancing his administrative role.
Conclusion: The structural changes in Jammu and Kashmir post-2019 have reshaped its governance, enhancing the Lieutenant Governor’s powers. Elections are essential for restoring democratic representation, ensuring regional participation, and promoting stability after the abrogation of Article 370 and state reorganization.
Mains PYQ:
Q To what extent is Article 370 of the Indian Constitution, bearing marginal note “Temporary provision with respect to the State of Jammu and Kashmir”, temporary? Discuss the future prospects of this provision in the context of Indian polity. (UPSC IAS/2016)
The Bihar Police arrested some miscreants for waving India’s national flag with distorted Ashok Chakra/Dhammachakra.
Significance of Ashok Chakra:
Symbolism: Represents righteousness, justice, and the path of virtue, urging citizens to uphold moral values.
Legacy of Dhamma: Reflects Emperor Ashoka’s principles of peace, non-violence, and welfare, after his embrace of Buddhism.
Compassion for all: Derived from the Dhammachakra, it represents the Buddhist philosophy of ethical living and compassion.
Unity and Progress: The circular design symbolizes unity and continuous development, emphasizing national harmony and forward movement.
About Flag Code of India, 2002:
Details
Objective
To regulate the display, usage, and respect for the Indian National Flag by citizens, organizations, and the government.
Basisi
Article 51 ‘A’ contained in Part IV A i.e. Fundamental Duties asks: To abide by the constitution and respect its ideals and institutions, the National Flag and the National Anthem in clause (a).
Structure
The Flag Code is divided into three parts:
Part I: General provisions related to the display of the national flag by all.
Part II: Display of the flag by government bodies.
Part III: Display of the flag by public, private organizations, and educational institutions.
Material of Flag
The national flag should be made of hand-spun and hand-woven wool, cotton, silk, or khadi bunting.
However, polyester and machine-made flags were allowed under amendments in 2021.
Prohibitions (Section 2.2)
Not be used as a drapery, costume, or uniform.
Not be used for commercial purposes or as a receptacle.
Display Guidelines (Section 2.1)
Must be hoisted respectfully, always ensuring that the saffron band is on top when displayed vertically.
Should never touch the ground or be used as decoration.
Amendments
In 2022, rules were amended to allow the national flag to be flown both during the day and night, as long as it is hoisted in a dignified manner.
Penalties
Disrespect or misuse of the national flag is punishable under the Prevention of Insults to National Honour Act, 1971.
PYQ:
[2008] What is the number of spokes in the Dharmachakra in the National Flag of India?
During the historic passage of the Nari Shakti Vandan Adhiniyam (Women’s Reservation Bill), 2023, the Vice President reconstituted the panel to include only women, marking a significant milestone for gender representation in the Upper House.
What specific measures have been recently taken to promote women’s participation in Rajya Sabha?
Reconstitution of the Vice-Chairpersons Panel: The Chairman of the Rajya Sabha reconstituted the panel to include only women during the historic passage of the Nari Shakti Vandan Adhiniyam (Women’s Reservation Bill), 2023.
Increased Representation in the Vice-Chairpersons Panel: The practice of nominating four women members (50% of the panel) was introduced, including significant figures like S. Phangnon Konyak and P.T. Usha.
Training of Women Officers for House Duties: Women officers of the Secretariat were trained to perform House duties, breaking the stereotype that these tasks were a male domain. Women now largely manage the Table of the House.
Introduction of ‘Vahan’ Application: A system to facilitate safe commutation for women officers working late hours was introduced, ensuring their safety during odd hours.
Appointment of Women in Key Roles: Women officers were appointed to key positions in human resources, legislative sections, and parliamentary committees.
What are the key outcomes from Nari Shakti Adhiniyam (2023)?
33% Reservation for Women in Legislatures: The Bill reserves 33% of seats for women in the Lok Sabha and State Legislative Assemblies, aiming to increase women’s participation in governance.
Long-term Impact on Women’s Representation: The Bill ensures that women are better represented in the political process, potentially reshaping the political landscape by empowering women as decision-makers.
Women as Key Participants in Development: By providing more opportunities for women in legislatures, it aligns with the goal of women-led development, where women set the agenda for governance and development policies.
Empowering women not just as beneficiaries but as leaders of development:
Leadership Development Programs: Implement targeted initiatives to cultivate leadership skills among women, enabling them to take active roles in decision-making processes within their communities and organizations.
Access to Resources and Opportunities: Ensure women have equitable access to education, financial resources, and training programs, empowering them to drive sustainable development and entrepreneurship.
Advocacy and Representation: Promote women’s representation in governance and policy-making, ensuring their voices and perspectives shape development agendas and priorities at all levels.
Challenges India Faces in Implementing Women-led Development Initiatives:
Economic Disparities: Women face significant challenges in accessing financial resources, property rights, and entrepreneurial opportunities, limiting their ability to lead development initiatives. As per the 2015-16 Agriculture Census, only 13.9% of landowners were women.
Political Representation: Despite progress like the Women’s Reservation Bill, women’s political representation at the local and national levels remains below the desired level. Currently, only 82 women serve in India’s Parliament, constituting about 15.2% of the Lok Sabha and 13% of the Rajya Sabha.
Safety and Mobility: Ensuring women’s safety and mobility, particularly in public spaces, remains a major challenge. For instance, according to the NCRB report, India recorded over 405,861 cases of crimes against women in 2021, including 32,033 cases of rape.
Way forward:
Strengthening Legal Frameworks and Enforcement: Enhancing the implementation of existing laws, along with stricter penalties for gender-based violence, will ensure a safer environment for women.
Promoting Economic Empowerment and Education: Expanding access to education, financial resources, and skill-building opportunities for women can bridge economic disparities, empowering them to take leadership roles in governance, business, and community development.
Mains PYQ:
Q Discuss the desirability of greater representation to women in the higher judiciary to ensure diversity, equity and inclusiveness.(UPSC IAS/2021)
The recent surge in violence in Manipur has reignited discussions on Centre-State relations and the use of emergency provisions by the Centre.
What is the federal structure of governance in India?
Federal System with Centre-State Powers: India follows a federal structure of governance where powers are divided between the Centre and the States. The Seventh Schedule of the Constitution demarcates subjects under the Union List, State List, and Concurrent List, defining respective jurisdictions.
State’s Domain on Law and Order: Maintenance of law and order is primarily the responsibility of State governments, aligning with the decentralized governance model of federalism. States are sovereign in areas assigned to them by the Constitution.
Cooperative Federalism: India’s federal structure also emphasises cooperative federalism, where both the Centre and States work together on certain subjects, particularly in the Concurrent List.
How do Articles 355 and 356 affect Federalism?
Article 355 (Duty of the Centre): Article 355 places a constitutional duty on the Union to protect States from external aggression and internal disturbance and to ensure governance as per the Constitution.
Article 356 (President’s Rule): Article 356 allows the Centre to impose President’s Rule in a State if there is a failure of the constitutional machinery. This provision can undermine federalism if misused, as it enables the Centre to dismiss a State government and take over its administration.
Impact on Federalism:
Cooperative Federalism:Article 355 allows the central government for intervention in state matters, which can be seen as a deviation from cooperative federalism.
Central Overreach: Historically, Article 356 was often misused to dismiss State governments, leading to concerns over central overreach and the undermining of State autonomy.
Judicial Safeguards: The S.R. Bommai case (1994) limited its misuse by subjecting it to judicial review, ensuring it is invoked only in cases of a breakdown of constitutional governance, not merely law and order issues.
Way forward:
Sarkaria Commission (1987): Suggested that Article 355 grants the Union both the duty and the authority to act to ensure constitutional governance in the States.
National Commission to Review the Working of the Constitution (2002): Reinforced the need for careful use of emergency provisions, emphasizing the role of Article 355 in providing support and corrective measures.
Punchhi Commission (2010): Advocated for the use of Article 356 only in the most critical circumstances and stressed the importance of using Article 355 to address issues before considering the President’s Rule.
Mains PYQ:
Q Under what circumstances can the Financial Emergency be proclaimed by the President of India? What consequences follow when such a declaration remains in force? (UPSC IAS/2018)
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 IAS/2021)
Q Do you think that Constitution of India does not accept principle of strict separation of powers rather it is based on the principle of ‘checks and balance’? Explain. (UPSC IAS/2019)
Mentor’s Comment: Presently, in India the issue of punitive demolitions raises significant concerns regarding due process, human rights violations, and the arbitrary exercise of state power, as these actions often target vulnerable communities without legal justification or adherence to established judicial guidelines. In today’s editorial we will observe why the Supreme Court is considering to formulate pan-India guidelines aims to address these systemic issues by ensuring that demolitions occur only in exceptional circumstances, with proper legal procedures and protections for affected individuals.
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Let’s learn!
Why in the News?
SC has called for suggestions to establish pan-India guidelines addressing extra-legal demolitions, due to the concerns over the arbitrary demolition of properties. It undermines the ‘right to housing’ of an individual and violates the Constitutional principles.
What are the arguments against the use of punitive demolitions?
Violation of Due Process: Demolitions are often carried out without following proper legal procedures and justification, undermining the rule of law. For example, Delhi’s Jahangirpuri case, incidents in Nuh (Haryana), and Khargone (Madhya Pradesh).
A person’s home cannot be demolished solely based on accusations against them or their family members, as this violates Fundamental Rights and due process.
Collective Punishment: Punitive demolitions often affect the individuals for actions they did not commit which is illegal under both national and international law.
This exacerbates social inequalities, leading to further marginalization of already vulnerable populations.
Human Rights Violations: Reports indicate that demolitions are often accompanied by police violence, which constitutes a violation of human rights and can lead to physical and psychological harm for affected individuals.
Political Manipulation: The use of demolitions as a form of political retribution or control undermines democratic principles and can be seen as a tactic to instill fear among communities, particularly in politically sensitive contexts.
What needs to be the Due Process in Legitimate Demolitions?
UN Guidelines: The United Nations Basic Principles and Guidelines on Development-based Evictions and Displacement (2019) provide humanitarian directives, yet court rulings have been inconsistent and piecemeal which needs a comprehensive approach.
Exceptional Circumstances: Demolitions should only occur in exceptional cases and must adhere strictly to established legal processes.
Need for Proposed Phased Procedures:
Pre-Demolition Phase: Provide a reasoned notice with details on land records and resettlement plans, allowing adequate time for responses.
During Demolition Phase: Requires the presence of neutral government officials during demolitions.
Rehabilitation Phase: Need to establish a swift mechanism for affected persons to challenge demolition decisions and seek remedies such as compensation and restitution.
Way Forward – Need to affix Personal Liability:
The widespread demolitions in India highlight a consistent lack of due process and disregard for judicial directives, necessitating the establishment of pan-India guidelines, increased sensitization of law enforcement, and the exploration of personal liability for officials who order forced evictions to ensure accountability and checks on their powers.
The Union government has notified the constitution of the 23rd Law Commission of India with effect from September 1.
Terms of Reference of the 23rd Law Commission:
The 23rd Law Commission has been tasked with addressing similar objectives as previous Commissions, such as:
Identifying outdated laws that can be repealed.
Creating Standard Operating Procedures (SoP) for the periodic review of laws.
Identifying laws that are not in harmony with economic needs and suggesting amendments.
Like its predecessors, it will examine laws in light of the DPSP and suggest improvements or new legislation to fulfill the objectives outlined in the Preamble of the Constitution.
PM’s call for a uniform civil code reflects the need to implement, a Directive Principle outlined in the Constitution.
About the Law Commission of India:
Details
Nature
Non-statutory body periodically constituted by the Government of India. It is an Executive Body.
Establishment
First Commission during British India: Established in 1834 under the Charter Act of 1833, chaired by Lord Macaulay, Focused on the codification of laws like the Penal Code and Criminal Procedure Code.
First Commission in Independent India: Established in 1955, chaired by M. C. Setalvad, then Attorney-General of India.
Primary Role
Advises the Ministry of Law and Justice on legal reform and reviews existing laws to suggest improvements and draft new legislation.
Recommendations are advisory and NOT binding on the government.
Composition
Headed by a Chairperson (usually a retired Supreme Court Judge or Chief Justice of a High Court),
4 full-time members (including a Member-Secretary), ex-officio members (Secretaries of the Departments of Legal Affairs and Legislative Department), and
Up to 5 part-time members.
Tenure
3 years, with provisions for reconstitution or extension as required by the government.
Key Functions
• Undertakes legal research.
• Review existing laws for reforms.
• Recommends repeal of obsolete laws.
• Suggest amendments and new legislations.
• Examines laws that affect the poor and marginalized.
Notable Recommendations by 22nd law Commission
• Uniform Civil Code.
• Amendments to the sedition law.
• Repeal of obsolete laws.
• Gender equality in personal laws.
• Improvements in judicial administration.
Reports Submitted
Over 277 reports on various legal issues including the implementation of international conventions, compulsory registration of marriages, etc.
Recent Activity
The 22nd Law Commission is focusing on issues like the Uniform Civil Code and amendments to the sedition law (Section 124A), among other legislative reforms.
PYQ:
[2014] The power to increase the number of judges in the Supreme Court of India is vested in:
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