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Subject: Polity

  • New Flag and Insignia of the Supreme Court of India

    Why in the News?

    President Droupadi Murmu unveiled the new flag and insignia of the Supreme Court of India during the National Conference of District Judiciary in New Delhi.

    About New Flag and Insignia of the Supreme Court of India:

    Details
    Designed by National Institute of Fashion Technology (NIFT), Delhi
    Flag Design Blue flag featuring three symbols:

    1. Ashoka Chakra (Symbol of India’s legal and cultural heritage)
    2. Supreme Court Building (Represents the institution of justice in India)
    3. Constitution of India (Highlights the role of the Supreme Court as the guardian of the Constitution)
    Insignia 
    • Includes the Sanskrit phrase “Yato Dharmastato Jayah“ inscribed in Devanagari script.
    • Translates to “Where there is Dharma, there is victory“, symbolizing the Supreme Court’s dedication to justice and righteousness.
    • Occurs 13 times in the epic the Mahabharata.
    Flag Formats Available in cross table flat, single table flag, pole flag, and wooden frame versions

     

    PYQ:

    [2023] Consider the following statements in respect of the National Flag of India according to the Flag Code of India, 2002:

    Statement-I: One of the standard sizes of the National Flag of India is 600 mm * 400 mm.
    Statement-II: The ratio of the length to the height (width) of the Flag shall be 3:2.
    Which one of the following is correct in respect of the above statements?

    a) Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I

    b) Both Statement-I and Statement-II are correct and Statement II is not the correct explanation for Statement-I

    c) Statement-I is correct but Statement-II is incorrect

    d) Statement-I is incorrect but Statement-II is correct

  • Article 370, Article 35A, and J&K’s Statehood

    Why in the News?

    Ahead of assembly elections, many political parties are vowing for restoration of Article 370, Article 35A and Statehood in their manifestoes.

    About Articles 370 and 35(A) of the Indian Constitution

    [1] Article 370: 

    Description
    Provision Granted special autonomous status to the state of Jammu and Kashmir.
    Nature Initially intended as a temporary provision, subject to eventual change or abrogation.
    Powers of State Allowed J&K to have its own Constitution and autonomy over internal matters except defense, foreign affairs, finance, and communications.
    Presidential Order President of India could extend or modify the application of Indian laws to J&K with the concurrence of the state government.
    Autonomy Details Provides a degree of autonomy to the state and permits the state to give some special privileges to its “permanent residents”.
    Emergency Provisions Emergency provisions are not applicable to the state on the grounds of “internal disturbance” without the concurrence of the State.
    State Boundaries Name and boundaries of the State cannot be altered without the consent of its legislature.
    Separate Institutions State has its own constitution, a separate flag, and a separate penal code (Ranbir Penal Code).
    Assembly Duration Duration of the state’s Assembly is 6 years, unlike five in the rest of India.
    Parliamentary Jurisdiction
    • Indian Parliament can pass laws regarding J&K in the matters of defense, external affairs, and communication only.
    • Any other law formed by Union will only be applicable in J&K by presidential order if it concurs with the state assembly.
    Abolishment Condition President may, by public notification, declare that this Article shall cease to be operative but only on the recommendation of the Constituent Assembly of the State.
    Abolishment In August 5, 2019, through a Presidential Order and a resolution passed by the Indian Parliament.
    Impact of Abrogation
    • J&K’s special status was revoked.
    • It was reorganized into two Union Territories: Jammu and Kashmir, and Ladakh.

     

    [2] Article 35A:  

    Description
    Provision Empowers the J&K legislature to define permanent residents of the state and provide them with special rights and privileges.
    Insertion Added to the Constitution through a Presidential Order in 1954.
    Permanent Residents Defined by the state as those who were state subjects on May 14, 1954, or have been residents for 10 years, and lawfully acquired immovable property.
    Special Rights Permanent residents were given exclusive rights to employment under the state government, acquisition of immovable property in the state, and scholarships.
    Constitutionality Debate Debated on the grounds that it was not added via an amendment procedure.
    Criticism Criticized for being discriminatory and creating a sense of separation from the rest of India.
    Revocation Along with Article 370, Article 35A was effectively nullified on August 5, 2019.

     

    PYQ:

    [2016] 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.

  • What is a Review Petition?

    Why in the News?

    Some medical students have filed a review petition against the Supreme Court’s dismissal of their plea to cancel NEET UG 2024 over alleged malpractices.

    What is a Review Petition?

    Details
    Constitutional Provision Article 137 of the Constitution allows the Supreme Court to review any of its judgments or orders.
    Scope of Review
    • Corrects “patent errors” and not minor mistakes.
    • It is not an appeal; it does not involve re-evaluating the entire case but correcting grave errors resulting in a miscarriage of justice.
    Filing Review Petition
    • Can be filed by any person aggrieved by a ruling, not necessarily a party to the case.
    • Must be filed within 30 days of the judgment or order.
    • Delay can be condoned if justified with strong reasons.
    Grounds for Review
    • Discovery of new and important evidence not available earlier despite due diligence.
    • Mistake or errors apparent on the face of the record.
    Procedure in the Court
    • Review petitions are usually heard through circulation without oral arguments.
    • In exceptional cases, oral hearings may be allowed, especially in death penalty cases. 
    • Heard by the same bench of judges who delivered the original judgment or order.
    Option After Review Fails If a review petition is dismissed, a curative petition can be filed as per the Roopa Hurra v. Ashok Hurra (2002) ruling, on very narrow grounds similar to a review petition.

     

    PYQ:

    [2017] In India, Judicial Review implies:

    (a) the power of the Judiciary to pronounce upon the constitutionality of laws and executive orders.

    (b) the power of the Judiciary to question the wisdom of the laws enacted by the Legislatures.

    (c) the power of the Judiciary to review all the legislative enactments before they are assented to by the President.

    (d) the power of the Judiciary to review its own judgements given earlier in similar or different cases.

  • How does John Mill’s theory define the Extent of Liberty?

    Why in the News?

    A minor girl’s gang rape in Assam led to Chief Minister Sarma’s anti-Muslim remarks, criticized as hate speech, violating India’s secular Constitution and potentially harming societal harmony, breaching Mill’s Harm Principle.

    What does the Harm Principle Say?

    The harm principle, articulated by philosopher John Stuart Mill in his essay on ‘Liberty’, asserts that the actions of individuals should only be limited to prevent harm to others.

    • Legitimate Use of Power: The only justification for exercising power over any member of a civilized community, against their will, is to prevent harm to others. This means that individual liberties should be respected unless they infringe upon the rights or well-being of others.
    • Self-Regarding vs. Other-Regarding Actions: Mill distinguishes between self-regarding actions (which affect only the individual) and other-regarding actions (which affect others).
      • Society or the state has no right to interfere in self-regarding actions, but it can regulate other-regarding actions that cause harm.
    • Definition of Harm: Harm is defined as wrongful setbacks to interests to which individuals have rights. Mill emphasizes that mere offence or disapproval does not constitute harm.
      • For example, someone may be offended by another’s opinion, but this does not justify restricting that opinion unless it incites violence or causes direct harm.
    • Limitations of Freedom: Mill acknowledges that while individuals should have the freedom to act as they choose, this freedom can be curtailed when their actions pose a significant threat to others. For instance, inciting violence is harmful and justifies state intervention.

    What does Mill say about ‘Freedom of Speech and Expression’?

    • Importance of Free Speech: Mill talks about the idea that all opinions, whether true or false, should be allowed to flourish because they contribute to the pursuit of truth. 
      • Silencing any opinion robs humanity of the opportunity to challenge and refine its beliefs.
    • Truth and Error: Mill argues that the collision of differing opinions helps people correct their errors and strengthen their understanding of the truth. Even false beliefs are valuable as they force us to defend and reinforce our beliefs.
    • Limitations: While Mill strongly advocates for free speech, he acknowledges that it can be limited in cases where speech directly incites harm, such as inciting violence against a specific group. He provides the example of expressing harmful opinions to an agitated crowd, which could lead to immediate danger.
    • Balancing Freedom and Harm: Mill recognizes that while free speech is vital, it must be balanced against the potential harm it might cause, especially when it leads to violence or significant psychological harm to targeted groups.

    Way forward: 

    • Strengthen Legal Frameworks: Enhance laws against hate speech to ensure accountability, balancing the right to free expression with the need to protect societal harmony and prevent violence.
    • Promote Inter-Community Dialogue: Encourage programs fostering tolerance and understanding between communities, reinforcing the secular principles of the Constitution and mitigating divisive rhetoric.

    Mains PYQ:

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

  • On Germany’s electoral architecture 

    Why in the News?

    On July 30, Germany’s constitutional court approved downsizing the Bundestag, citing concerns over financial strain and efficiency due to its unprecedented 736 deputies.

    (Note: The Bundestag is the Lower house of Germany)

    Why has the German Constitutional Court upheld the move to downsize the lower house of parliament?

    • Constitutional Rationale: The court approved the plan to reduce the size of the Bundestag to improve its efficiency and reduce costs, as it had become the world’s largest elected assembly.
      • The court backed the government’s decision to limit the Bundestag to 630 members by removing “overhang” and “balance” seats, which had caused the number of legislators to grow significantly.
    • Legal Compliance: The court’s decision aligns with previous rulings that emphasized the need for electoral equality and the fair representation of political parties in the Bundestag, ensuring that the election system remains constitutionally valid.

    How does a mixed-member Proportional Representation system work?

    • Dual Voting System: In Germany, each voter casts two votes in federal elections:
      1. First Vote: Directly elects a candidate from a local constituency via the first-past-the-post method (299 seats).
      2. Second Vote: Chooses a political party, which determines the distribution of another 299 seats proportionally across Germany’s 16 regions.
    • Seat Allocation: The second vote is crucial as it determines the overall proportion of seats each party holds in the Bundestag. The final seat count for each party is based on a combination of directly elected candidates and the proportion of the second vote.
    • Overhang Seats: If a party wins more direct seats than the proportion of the second vote would allow, these extra seats are known as “overhang seats.” These were traditionally retained, leading to an increase in the total number of seats.

    How does a mixed-member Proportional Representation system work in India?

    • No MMP System in India: India does not use a mixed-member proportional representation system at the national level. The Indian electoral system primarily follows the first-past-the-post method, where the candidate with the most votes in each constituency wins a seat in the parliament.
    • Proportional Representation: In India, proportional representation (Single transferable) is used only in certain cases, such as elections to the Rajya Sabha (the upper house) and the President.

    Types of Proportional Representation:

    • Single Transferable Vote (STV): This system allows voters to rank candidates in order of preference. It is used to elect members of the Rajya Sabha (Council of States) and the President of India.
    • Party-List PR: In this system, voters cast their votes for a party rather than individual candidates. Seats are allocated to each party based on the proportion of votes they receive. A minimum threshold (usually between 3-5%) is often required for a party to gain representation, preventing excessive fragmentation in the legislature.
    • Mixed-Member Proportional Representation (MMP): This combines elements of FPTP and PR, allowing voters to cast two votes—one for a candidate and another for a party. This system aims to balance the benefits of direct representation with proportionality.

    What are balance or overhang seats and why were they deemed Unconstitutional?

    • Overhang Seats: These are additional seats that a party wins when it secures more direct constituency seats than it would be entitled to based on its second vote share. This situation arises due to the mixed-member proportional system.
    • Balance Seats: Introduced to maintain proportionality and fairness, balance seats are given to other parties to offset the overhang seats, ensuring that the overall seat distribution reflects the second vote shares accurately.
    • Unconstitutionality: In 2008, the German Constitutional Court ruled that the increasing number of overhang seats violated the principle of electoral equality. The recent judgment further upheld the move to eliminate these seats to simplify the electoral system and maintain fairness.

    Conclusion: Germany should swiftly implement the downsizing plan, ensuring that the transition to a 630-member Bundestag is smooth and transparent, with clear communication to the public and political parties.

    Mains PYQ:

    Q Critically examine the procedures through which the Presidents of India and France are elected. (UPSC IAS/2022)

  • Use of Regional Languages in High Courts remains limited

    Why in the News?

    A growing movement in India is advocating for use of regional languages in High Court proceedings to make justice more accessible to the common citizen.

    Current Scenario: Regional Languages in High Courts

    • Out of India’s 25 High Courts, only 4 — Rajasthan, Madhya Pradesh, Uttar Pradesh, and Bihar — are authorized to use Hindi in their proceedings and legal documents.
      • Bihar HC was the last High Court to receive authorization to use Hindi in 1972.
    • A litigant possesses the fundamental right to comprehend and engage in courtroom proceedings, under Article 19 and Article 21.
      • She/ He is entitled to present their case in a language they understand before the magistrate.
    • Additionally, the “Right to Justice” is explicitly recognized under Article 21 of the Constitution.
    • Despite these provisions, the use of regional languages in High Courts remains limited.

    Constitutional Provisions for Regional Languages in Judiciary:

    Provision Details
    Article 348(1) (a) Language of Proceedings
    • English is the official language for proceedings in the Supreme Court, High Courts, and specified tribunals.
    • All records and orders must be in English.
    Purpose Ensures uniformity and consistency in legal proceedings and documentation at the highest judicial levels.
    Scope Applies to the Supreme Court, High Courts, and all authorities mentioned in Article 323A or Article 323B.
    Article 348(2) Use of Other Languages
    • The President may authorize the use of Hindi or any other regional language in addition to English.
    • Authorization is subject to conditions specified by the President.
    Purpose Allows for regional languages to be used in judicial proceedings, making the system more accessible to non-English speakers.
    Scope Can be applied in the Supreme Court, High Courts, and other authorities as mentioned in Article 323A or Article 323B.

     

    PYQ:

    [2021] Which one of the following in Indian polity is an essential feature that indicates that it is federal in character?

    (a) The Independence of the judiciary is safeguarded.

    (b) The Union Legislature has elected representatives from constituent units.

    (c) The Union Cabinet can have elected representatives from regional parties.

    (d) The Fundamental Rights are enforceable by Courts of Law.

  • Vision J&K @2047

    Why in the News?

    The Ministry of Personnel, Public Grievances & Pensions has presented the Vision J&K @2047 describing it as an integral part of Vision India @2047.

    What is J&K @2047?

    • Vision J&K @2047 is a long-term strategic plan for Jammu and Kashmir (J&K).
    • It seeks to develop the region into a model of sustainable development, economic growth, and social harmony by the year 2047, coinciding with India’s 100th year of independence.

    Key features of Vision J&K @2047:

    • Vision J&K @2047 focuses on restoring democratic governance through Assembly elections and establishing Zilla Parishads.
    • It aims to enhance infrastructure, create job opportunities, and drive economic development in the region.
    • Significant improvements in education and healthcare are planned, along with empowerment initiatives for women and minorities.
    • Governance reforms aim to enhance administrative efficiency and reduce bureaucratic hurdles.
    • Promotion of local industries and entrepreneurship is a key component to achieve economic self-sufficiency.

  • The term of the 22nd Law Commission ends

    Why in the News?

    The term of the 22nd Law Commission has ended, with its key report on the Uniform Civil Code still in progress.

    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:

    (a) the President of India

    (b) the Parliament

    (c) the Chief Justice of India

    (d) the Law Commission

  • Moving the spotlight to grassroots democracy  

    Why in the News?

    The Election Commission of India (ECI) has established itself as one of India’s most credible institutions, known for consistently conducting free, fair, and timely elections to Parliament and State legislatures. However, the 34 State Election Commissions (SECs) still require significant attention and strengthening.

    Issue of Disempowerment of State Election Commissions (SECs)

    The Constitution (73rd and 74th amendments) vested SECs with the responsibility of conducting elections to panchayats and urban local governments, but in reality, SECs are increasingly disempowered by state governments.

    • Legal and Administrative Challenges: SECs sometimes find themselves in litigation with state governments. For instance, the Karnataka SEC has had to file contempt petitions against the state government for failing to fulfill commitments related to the conduct of elections, highlighting a lack of cooperation from state authorities.
    • Inadequate Empowerment: Many SECs do not have the power to conduct delimitation of wards or manage the electoral rolls independently. This results in reliance on the Election Commission of India (ECI) and state governments, which can lead to arbitrary decisions that delay elections.
      • Only 11 out of 34 states and UTs have empowered SECs to conduct ward delimitation, accounting for just 35% of India’s population.
    • Lack of Resources: SECs are legally entitled to request funds and assistance from state governments, but they often do not receive adequate resources, which hampers their ability to conduct elections effectively.
    • Public Trust Erosion: The delays and challenges faced by SECs undermine public confidence in local governance and electoral processes, leading to a perception that local elections are not as credible as those conducted by the ECI for national and state elections
    • Election not on time: Performance audits by the CAG found that 70% of urban local governments in 18 states did not have elected councils at the time of the audit due to delays caused by disempowered SECs.

    Electoral Reforms Needed to Strengthen the Third Tier

    • Parity with the Election Commission of India: SECs should be made as transparent and independent as the Election Commission of India.
      • This could be achieved by appointing a three-member SEC through a committee comprising the Chief Minister, Leader of Opposition, and Chief Justice of the High Court, rather than by the State government alone.
    • Fixed Intervals for Delimitation: The delimitation of ward boundaries and reservations should be conducted at fixed intervals, such as every 10 years, to prevent arbitrary actions by State governments that delay elections.
    • Transfer of Powers to SECs: The powers of delimitation and reservation of seats for local governments should be vested in the SECs. SECs should also handle reservations for positions like mayors and presidents to avoid delays caused by State governments.

    Conclusion: Strengthening SECs through these reforms is essential to ensure timely, transparent, and credible local elections, thereby reinforcing grassroots democracy and public trust in local governance.

  • Rajya Sabha Elections

    Why in the News?

    Results of the latest round of Rajya Sabha elections are out.

    Elections to the Rajya Sabha: 

    Details
    Election Method
    • Members are elected indirectly by the elected members of the State Legislative Assemblies and the electoral college for UTs (Delhi and Pondicherry).
    • Using the proportional representation system via the Single Transferable Vote (STV) method and Open Ballot.
    Composition • Total Members: Up to 250 members, with 238 elected and 12 nominated by the President for their contributions to art, literature, science, and social services.
    • Current Strength: 245 members (233 elected, 12 nominated).
    Voting Requirements for Candidates Candidates must be proposed by at least 10 members of the State Assembly or 10% of the party’s strength in the Assembly.
    Voting Process • Single Transferable Vote: Voters rank candidates based on preference. Votes are transferable if a preferred candidate is eliminated or achieves the quota.
    • Open Ballot System: Employed to facilitate transparency in the voting process.
    Election Procedure • Quota System: To win, a candidate must obtain a quota of votes calculated as [Total Votes / (Number of Vacancies + 1)] + 1.
    Powers and Functions • Legislative Powers: Can introduce and pass bills except Money Bills.
    • Special Powers: Can pass resolutions to create all-India services, make laws on state list subjects under certain conditions, and approve proclamations of emergency.
    Sessions
    • 3 regular sessions each year: the Budget session, Monsoon session, and Winter session.
    • Special sessions can be convened as required.
    Tenure
    • A permanent body that is not subject to dissolution;
    • One-third of its members retire every two years.
    Chairmanship
    • Vice President of India serves as the ex-officio Chairman of the Rajya Sabha.
    • House also elects a Deputy Chairman from among its members.
    Eligibility for Membership Candidates must be Indian citizens, at least 30 years old, and comply with other conditions set by the Constitution.
    Disqualification Criteria Members can be disqualified for defection, certain criminal convictions, or if declared bankrupt, among other reasons.
    Special Features • Nominated Members: Up to 12 members can be nominated by the President.
    • No dissolution: Unlike the Lok Sabha, the Rajya Sabha cannot be dissolved but operates as a continuous body.
    Key Sessions and Administrative Details • First Sitting: Conducted on May 13, 1952.
    • Secretary General: Acts as the chief executive officer and the administrative head of the Rajya Sabha Secretariat.

     

    PYQ:

    [2013] Consider the following statements:

    1. The Chairman and the Deputy Chairman of the Rajya Sabha are not the members of that House.
    2. While the nominated members of the two Houses of the Parliament have no voting right in the presidential election, they have the right to vote in the election of the Vice President.

    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