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Subject: Polity

  • Special Gram Sabhas on Gandhi Jayanti

    Why in the News?

    The Ministry of Panchayati Raj is organizing special Gram Sabhas across 750 Gram Panchayats on 2nd October 2024, marking Gandhi Jayanti.

    Vision to Achieve Gram Swaraj Through People’s Participation

    • These special Gram Sabhas will embody Mahatma Gandhi’s vision of Gram Swaraj—a vision of self-reliant villages driven by people’s participation in decision-making.
    • It emphasizes community-led governance, where elders, women, and youth collaborate to develop Gram Panchayat Development Plans (GPDP).

    Lal Bahadur Shastri’s Legacy

    • The event also coincides with the birth anniversary of Lal Bahadur Shastri, India’s second Prime Minister.
    • Shastri championed the values of simplicity, self-reliance, and community development.
    • Shastri’s slogan, “Jai Jawan, Jai Kisan,” emphasized the strength of India’s rural economy and its farmers, making his vision a key component of this grassroots initiative.

    About Gram Sabha

    Details
    Role and Significance • Centerpiece of the Panchayati Raj system
    • Responsible for village development and local governance
    Constitutional Provision • Defined under Article 243(b) of the Indian Constitution
    • Primary body in the Panchayati Raj system
    • A permanent body
    Members • Individuals above 18 years of age
    • Must be residing in the village
    • Listed in the electoral rolls
    Meetings • Must meet 2 to 4 times annually as per State Panchayat Raj Acts
    • Common meeting dates:
    1. Republic Day (26th Jan)
    2. Labour Day (1st May)
    3. Independence Day (15th Aug)
    4. Gandhi Jayanti (2nd Oct)
    • Panchayats may choose other dates for meetings
    Organizing Body • Organized by the Panchayat Secretary (Gram Sevak)
    • Done with approval of the Sarpanch
    Conditions for Convening • 10% of members or 50 people (whichever is greater) can request a meeting
    • A written request must be submitted 5 days prior to the meeting
    Decision-Making Process • All decisions of the Panchayat require the approval and validation of the Gram Sabha
    Purpose • Discuss local governance and development issues
    • Make need-based plans for the village

     

    PYQ:

    [2012] In the areas covered under the Panchayat (Extension to the Scheduled Areas) Act, 1996, what is the role/power of Gram Sabha?

    1. Gram Sabha has the power to prevent alienation of land in the Scheduled Areas.
    2. Gram Sabha has the ownership of minor forest produce.
    3. Recommendation of Gram Sabha is required for granting prospecting licence or mining lease for any mineral in the Scheduled Areas.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 1 and 2 only

    (c) 2 and 3 only

    (d) 1, 2 and 3

  • Who is an Overseas Citizen of India (OCI)?

    Why in the News?

    Following complaints from Overseas Citizen of India (OCI) card holders about being reclassified as “foreigners,” the Ministry of External Affairs clarified, that no changes have been made to the rules governing OCI status.

    About Overseas Citizen of India (OCI)

    Details
    About
    • OCI scheme, introduced in August 2005, allows Persons of Indian Origin (PIOs) who were citizens of India after January 26, 1950 or were eligible for Indian citizenship on that date, to register for OCI status.
    • Serves as a form of dual citizenship for the Indian diaspora.
    • The Ministry of Home Affairs defines an OCI.
    OCI Card Benefits OCI cardholders receive a multiple-entry, life-long visa to visit India and are exempt from registering with local authorities for extended stays.
    Population (as of 2023) USA: 16.8 lakh > UK: 9.34 lakh > Australia: 4.94 lakh> Canada: 4.18 lakh
    Recent Rules (2021 Notification)
    • OCI card holders need permission to visit protected, restricted, or prohibited areas.
    • Special permits are also required for activities such as conducting research, undertaking missionary or journalistic work, and visiting areas like Jammu & Kashmir.
    OCI vs NRI Rights Under the Foreign Exchange Management Act (FEMA) 2003, OCI card holders are now on par with foreign nationals regarding economic, financial, and educational rights, reversing earlier parity with NRIs.
    Significant Changes to OCI Rules
    • 2005: Lifelong visas and exemption from FRRO registration
    • 2007: Parity with NRIs for inter-country adoption and domestic airfare
    • 2009: Parity with NRIs for entry fees to monuments and professions like doctors and architects
    Eligibility Restrictions
    • Individuals with parents or grandparents from Pakistan or Bangladesh cannot apply for an OCI card.
    • Foreign military personnel (retired or active) are also not eligible.
    Spouse Eligibility Spouses of Indian citizens or OCI card holders, whose marriage has been registered for at least two years, can apply for an OCI card.
    OCI Card Restrictions
    • OCI card holders cannot vote, hold constitutional positions, or be elected as a members of Parliament or Legislative Assembly.
    • They are also restricted from holding government employment in India.

     

    PYQ:

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

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

    Which of the statements given above is/are correct?

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

  • Fortifying the Basic Structure

    Why in the News?

    With the Union Cabinet’s approval of the report by the High-Level Committee recommending simultaneous elections for the Lok Sabha and state assemblies, the debate over “One Nation, One Election” (ONOE) has once again come to the forefront.

    How can Simultaneous Elections enhance governance and stability?

    • Reduction of Policy Paralysis: Simultaneous elections prevent the frequent imposition of the Model Code of Conduct (MCC), which temporarily halts new policy initiatives and decision-making. This ensures that governance continues uninterrupted.
    • Efficient Resource Allocation: Election authorities, security forces, and government resources would be deployed more efficiently since elections are held once in a fixed cycle, allowing for long-term planning and execution of policies.
    • Cost-Effective: Holding simultaneous elections reduces the cost of organizing elections multiple times, allowing the government to focus funds on development projects rather than repeated electoral processes.
    • Political Stability: It minimizes the risks of constant political instability caused by staggered elections, ensuring a stable policy environment for long-term economic and social development.

    About the Voter Engagement and Participation:

    • Voters may be more inclined to participate in elections if they only need to vote once to elect both state and national representatives, which can lead to improved engagement and turnout.
    • Simultaneous elections make the process more convenient for voters, as they need to participate only once, avoiding voter fatigue caused by frequent electoral exercises.
    • Voting for both state and national representatives at the same time can allow voters to make more informed decisions by seeing a clearer alignment of their political choices at both levels.

    Impact on Political Dynamics:

    • Level Playing Field: Simultaneous elections reduce the advantage for ruling parties that often leverage state elections for national influence and vice versa. Opposition parties will benefit from this, as their campaign resources and strategies can be focused at one time.
    • Less Populism: With fixed election dates, political parties may be less inclined to resort to short-term populist measures, allowing for more substantive debates on long-term issues.
    • Reduced Election Fatigue: Frequent elections can create voter fatigue and disengagement from political processes. Simultaneous elections reduce this fatigue, which can also lower campaign costs for parties.
    • Strategic Alliances: Parties may form more concrete alliances across states and national elections, leading to more coherent national and state-level strategies instead of fragmented political campaigning.

    Way forward: 

    • Constitutional and Legislative Reforms: Amendments to the Constitution and electoral laws should be carefully designed to align election cycles of the Lok Sabha and state assemblies, ensuring a smooth transition without undermining democratic processes.
    • Building Consensus Across Political Spectrum: A broad political consensus must be achieved through dialogue, involving all stakeholders to address concerns and mitigate opposition, ensuring that simultaneous elections are seen as a step toward democratic efficiency rather than partisanship.

    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)

  • Why Karnataka HC allowed investigation against CM Siddaramaiah in alleged MUDA scam case

    Why in the News?

    On Monday, September 24, the Karnataka High Court permitted an investigation into Chief Minister Siddaramaiah in connection with the alleged Mysore Urban Development Authority (MUDA) scam.

    What was the MUDA scam case?

    • The Allegations: In July 2023, anti-corruption activists approached Karnataka Governor Thawarchand Gehlot, alleging that Chief Minister Siddaramaiah’s wife, Parvathi, received 14 housing sites from the Mysore Urban Development Authority (MUDA). 
      • This was allegedly in exchange for a 3.16-acre plot of land that MUDA illegally acquired in 2021, during the tenure of the BJP-led government. The scam allegedly caused a loss of ₹55.80 crore to the state.
    • Governor’s Action: In response, the Governor issued a show-cause notice to Siddaramaiah and later sanctioned an investigation under the Prevention of Corruption Act, 1988 (PCA) and the Bharatiya Nyaya Sanhita, 2023.

    What were the grounds for Siddaramaiah’s challenge? 

    • Council of Ministers’ Advice: The Chief Minister argued that the Governor was bound by the Council of Ministers’ August 1, 2023 resolution, advising withdrawal of the show-cause notice.
    • Governor’s Discretion: Siddaramaiah contended that the Governor’s sanction was unjustified, biased, and exceeded his discretionary powers, which could only be invoked if the Council’s decision was irrational.

    What did the court decide?   

    • The Karnataka High Court upheld the Governor’s sanction for the investigation, stating that the circumstances justified the Governor’s actions under “exceptional circumstances.”
    • The court observed that the Governor’s decision was not made in haste but after careful consideration of the allegations and relevant facts.
    • The court clarified that private individuals (complainants) can seek approval to investigate public officials under the Prevention of Corruption Act, and the Governor’s approval can be granted even in such cases.
    • The court lifted the interim embargo on the investigation against Siddaramaiah, allowing the inquiry to continue into the alleged MUDA scam.

    Conclusion: The Karnataka High Court upheld Governor Gehlot’s sanction for an investigation into the alleged MUDA scam, rejecting Siddaramaiah’s challenge. The court ruled that exceptional circumstances justified the Governor’s actions, allowing the inquiry to proceed.

  • How Supreme Court strengthened child pornography law?

    Why in the News?

    In a recent ruling, the Supreme Court has tightened child pornography laws, declaring that viewing, possessing, or failing to report such content is punishable under the Protection of Children from Sexual Offences (POCSO) Act, regardless of whether the material is shared or transmitted.

    What is the law in question?

    • The Supreme Court expanded the interpretation of Section 15 of the POCSO Act, which deals with “Punishment for storage of pornographic material involving child”.
    • In 2019, the POCSO Act was amended to introduce three connected offences under Sections 15(1), (2) and (3) with increasing grades of punishment:
      1. Any person, who stores or possesses pornographic material involving a child, but fails to delete, destroy or report the same to the designated authority with an intention to share or transmit child pornography.
      2. Any person, who stores or possesses such material for transmitting, propagating, displaying or distributing in any manner at any time except for reporting or use as evidence in court.
      3. Any person, who stores or possesses such material for commercial purpose.
    • The court refers to these as “inchoate” offences – offences in anticipation or preparation for committing a further criminal act.

    About the Case and SC’s Verdict

    • Case Background: The Supreme Court was dealing with a case where the Madras High Court had quashed criminal proceedings against a man who had downloaded child pornography but did not share it.
      • The High Court had limited its ruling to Section 14 of POCSO (using children for pornography) and excluded Section 15 (punishing possession) since no evidence of sharing existed.
    • Supreme Court’s Verdict:
      • The SC overturned the Madras High Court’s ruling, expanding the definition of “possession” of child pornography to include “constructive possession”, even without physical storage of the material.
      • Viewing, controlling, or exercising knowledge over such material (e.g., watching without downloading) was deemed sufficient for possession.
      • The SC stressed that even failing to delete or report such content implies intent to share and is punishable under Section 15(1).
      • Even if the accused does not have the material at the time of filing the FIR, they can still be held accountable if they had possessed it “at any point”.

    How will such cases be registered?

    • Determination of Intention: The court held that the intention (mens rea) of the accused will be determined based on the circumstances, such as how the material was stored or possessed and why it was not reported or destroyed.
      • Actions like storing, not deleting, or failing to report child pornography can be used as evidence of intent to share or distribute.
    • Role of Police: The police must not limit their investigation to only one sub-section of Section 15. Even if a specific offence isn’t made out, the police should explore the possibility of other violations under different sub-sections.
    • Reporting Obligation: The court emphasized the mandatory reporting of child pornography, with penalties for failing to report starting from a fine of Rs. 5,000 and increasing for repeat offences.Failure to report, even after merely viewing child pornographic material, can result in legal consequences.

    Conclusion: The Supreme Court’s ruling on the POCSO Act broadened the definition of possession, emphasizing that failure to delete or report child pornography constitutes intent to share, with strict penalties for non-compliance, underscoring the obligation to report such content.

  • Section 107 of the BNSS

    Why in the News?

    About Section 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

    Why in the News?

    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.

  • Bombay HC strikes down amended IT rules

    Why in the News?

    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.

  • Simultaneous polls plan gets Union Cabinet nod

    Why in the News?

    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)

  • Nature of J&K Assembly

    Why in the News?

    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)