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:
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.
AboutNew 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:
Ashoka Chakra (Symbol of India’s legal and cultural heritage)
Supreme Court Building (Represents the institution of justice in India)
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
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 autonomyover 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 alteredwithout 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.
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.
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 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:
First Vote: Directly elects a candidate from a local constituency via the first-past-the-post method (299 seats).
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)
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