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.
BiharHC 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 ordersmust 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.
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 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:
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.
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:
The Chairman and the Deputy Chairman of the Rajya Sabha are not the members of that House.
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?
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)
Q Data security has assumed significant importance in the digitized world due to rising cyber-crimes. The Justice B. N. Srikrishna Committee Report addresses issues related to data security. What, in your view, are the strengths and weaknesses of the Report relating to protection of personal data in cyber space? (UPSC IAS/2018)
Q What are the different elements of cyber security? Keeping in view the challenges in cyber security, examine the extent to which India has successfully developed a comprehensive National Cyber Security Strategy. (UPSC IAS/2022)
Mentor comment: Pavel Durov, the CEO of Telegram, was arrested at a Paris airport on August 24, 2024, amid a French investigation into alleged criminal activities facilitated by the platform, including drug trafficking and child pornography. Although Durov himself is not accused of direct involvement in these crimes, his platform’s moderation practices are under scrutiny for failing to adequately address illegal content, raising questions about the responsibilities of tech companies in regulating user-generated content. Durov promotes Telegram as a space for free speech, especially for dissidents and anti-establishment voices. This open approach has led to problems, as the app has also been used for extremist content and illegal activities. Supporters, including Elon Musk, have expressed concern about the implications for tech leaders facing legal issues for content on their platforms.
Let’s learn!
__
Why in the News?
After Durov’s arrest, Telegram stated it follows EU regulations and maintains moderation practices that meet industry standards.
Many worry that Durov’s arrest could discourage free expression online, with critics seeing it as government overreach.
What does the Universal Declaration of Human Rights (UDHR) say? • According to Article 19 ofUDHR, “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers”. • However, this free speech is not absolute and is subject to certain restrictions for public order, morals and public health is something that has been codified in the UDHR.
What is the National Cyber Security Policy (2013)? • It is a policy framework by the Department of Electronics and Information Technology (DeitY). • It aims at protecting the public and private infrastructure from cyber-attacks. • The policy also intends to safeguard “information, such as personal information (of web users), financial and banking information and sovereign data”.
What are the Implications of Pavel Durov’s Arrest for Global Free Speech Debates?
Concerns raised: Edward Snowden called Durov’s arrest “an assault on the basic human rights of speech and association”
Elon Musk, a vocal proponent of free speech, shared the hashtag #FreePavel and warned that these are “dangerous times” for free expression
Backlash from Diverse Groups: The outrage over Durov’s arrest has come from adversaries uniting both Kremlin supporters and opponents in Russia, as well as free speech absolutists worldwide.
This unusual coalition highlights the significant role Telegram plays in Russian society as a crucial tool for organizing dissent against the government.
Limits Free Speech: According to the Stanford Cyber Policy Center, Durov’s case seems to be a simple matter of breaking the law, as child sexual abuse material, terrorist content, and drug sales are all regulated by criminal law.
Indian Scenario
•Current Status: Telegram is not yet banned in India, but its future depends on the outcome of an ongoing investigation. The Indian government is investigating Telegram due to its alleged involvement in criminal activities, including exam paper leaks (UGC-NEET paper, etc), extortion, and stock price manipulation.
•Compliance with IT Rules: Telegram has been following India’s Information Technology (IT) Rules, which require it to appoint compliance officers and publish monthly reports. Telegram’s lack of a significant physical presence in India complicates effective communication and enforcement of regulations.
Maintaining balance between Free speech and the responsibility of Tech platforms:
Free Speech vs. Responsibility: While Durov defends absolute free speech, the prevalence of illegal activities on Telegram, such as drug trafficking and child exploitation, highlights the need to ensure user safety without infringing on fundamental rights.
Need for Responsible Moderation: For Telegram to maintain its position as a free speech advocate, it must prevent the spread of harmful content while respecting users’ Rights to Privacy.
Legal Accountability: If Durov is found guilty, it could set a precedent for holding tech executives accountable for the content shared on their platforms. This could lead to stricter regulations and increased accountability while scrutinizing messaging apps globally.
Future of Messaging Apps: The outcome of this case may influence how other messaging platforms operate, potentially prompting them to adopt stricter content moderation policies to avoid similar legal challenges.
Conclusion: The ongoing Telegram issue encapsulates the ongoing struggle to navigate the fine line between protecting free speech and ensuring public safety. As the legal proceedings unfold, the implications for both Telegram and the broader tech landscape will be closely watched.
According to a report by the Ministry of Law and Justice, only 0.11% of cases were settled through “plea bargaining” in 2022.
Key Findings of the Report:
In 2022, only 19,135 out of 1,70,52,367 cases (about 0.11%) in Indian courts were disposed of through plea bargaining, indicating its minimal use.
Despite legal restrictions, 119 cases of crimes against women and only4 cases under the Protection of Children from Sexual Offences Act (POCSO) were resolved through plea bargaining in 2022, showing a deviation from the intended exclusions.
What is Plea Bargaining?
Details
Definition
Plea bargaining allows an accused person to negotiate with the prosecution for a lesser punishment by pleading guilty to a less serious offence.
This involves pre-trial negotiations on the charge or the sentence.
Provision in India
• Introduced in 2006 as part of the Criminal Law (Amendment) Act, 2005 under Chapter XXI-A (Sections 265A to 265L).
• Limited to offences thatdo not attract the death sentence, life sentence, or a term above seven years.• Not applicable to offences affecting socio-economic conditions or committed against women or children under 14. (applies only to offences punishable by up to seven years of imprisonment)
Procedure in India
• Only the accused can initiate plea bargaining.
• The accused must apply to the court to start the process. If permitted, a meeting involving the prosecutor, investigating officer, and victim (if any) is held for a satisfactory case disposition.
• Includes possible reduced sentences and compensationpayments to the victim by the accused.
Benefits Offered
• Speeds up trials, reduces litigation costs and ends uncertainty over case outcomes.
• Helps reduce prison overcrowding and the number of prolonged imprisonments of undertrials.
• Offers a chance for offenders to make a fresh start.
• Could improve conviction rates, as seen in the USA.
• Recommended by the Malimath Committee (2000) for its potential to dramatically impact conviction rates and ensure a speedy trial.
PYQ:
[2021] With reference to India, consider the following statements:
1. Judicial custody means an accused is in the custody of the concerned magistrate and such accused is locked up in police station, not in jail.
2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.
Which of the statements given above is/are correct?
In an Independence Day speech, the Prime Minister renewed his push for simultaneous elections, targeting implementation by the 2029 polls.
Pros and Cons of Simultaneous Elections in India:
Pros
Cons
Cost Reduction: It can decrease the deployment of resources such as EVMs, security personnel, and election management teams to only one time in 5 years.
Continuity in Governance: Simultaneous elections can prevent the frequent imposition of the Model Code of Conduct, which disrupts government development activities and decision-making processes.
Reduced Election Fatigue: Voters, political parties, and the administration could benefit from reduced election fatigue, allowing them to focus more on governance and development.
Uniformity in Policy Implementation: Central and state governments can work in sync on policy implementation without the hindrance of upcoming elections in various states.
Constitutional Challenges: The implementation of simultaneous elections would require significant amendments to the Constitution, particularly Articles 83, 85, 172, and 174, which deal with the duration of legislative bodies.
Federalism Concerns: Opponents argue that simultaneous elections could undermine the federal structure of India, marginalizing regional parties and giving dominance to national parties.
Voter Disengagement: The synchronization of elections might lead to voter disengagement due to the overwhelming nature of combined elections, where national issues may overshadow regional ones.
Key Recommendations of High-Level Committee
The High-Level Committee on Simultaneous Elections, chaired by former President Ram Nath Kovind, has made several significant recommendations aimed at synchronizing elections for the Lok Sabha, state assemblies, and local bodies in India.
Amendment to Article 82A: Allow the President to set an ‘Appointed Date’ for starting simultaneous elections to Lok Sabha and Legislative Assemblies
Term Synchronization: States with elections between June 2024 and May 2029 would have their terms end with the 18th Lok Sabha, enabling the first simultaneous elections in 2029
Premature Dissolution Measures: Fresh elections only for the remaining term until the next simultaneous elections in case of early dissolution of Parliament or state Assembly
Synchronization of Local Body Elections: Parliament to pass legislation to align municipalities and panchayats elections with General Elections within 100 days
Single Electoral Roll: The committee advocates for a single electoral roll applicable to all tiers of government, which would require an amendment to Article 325. This aims to reduce redundancy and duplication in voter registration.
Logistical Arrangements: ECI to provide detailed logistical and expenditure plans for simultaneous elections in coordination with SECs.
Way forward:
Constitutional and Legal Reforms: Begin with phased constitutional amendments and legal reforms to address the challenges of synchronization while ensuring that the federal structure and democratic principles are preserved.
Pilot Implementation: Consider piloting simultaneous elections in a few states with synchronized local body elections to assess feasibility, logistical challenges, and public response before scaling up to the national level by 2029.
Mains question for practice:
Q Discuss the feasibility and implications of implementing simultaneous elections in India by 2029, as recently proposed by the Prime Minister. 15M
Mains PYQs
‘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 CSE 2017)
The Central Bureau of Investigation (CBI) concluded polygraph tests on the accused in the Kolkata Rape and Murder Case.
About Polygraph Tests in India
Details
Definition
A procedure measures physiological responses like blood pressure, pulse, respiration, and skin conductivity while a subject answers questions to detect deception.
Physiological Indicators
• Heart Rate and Blood Pressure: Monitored for changes.
• Respiratory Rate: Tracks breathing patterns.
• Galvanic Skin Response (GSR): Measures skin’s electrical conductance, which varies with moisture levels.
Procedure
• Sensor Connection: Attached to the chest, fingertips, and arm.
• Baseline Questions: Establish physiological response baselines.
• Control and Relevant Questions: Analyzed to identify deceptive responses by comparing physiological changes.
Constitutional Provisions
• Article 20(3): Protects against self-incrimination; necessitates consent for polygraph tests.
• Article 21: Concerns about potential violations of the right to life and privacy due to mental torture aspects of polygraph tests.
Legal and Judicial Rulings
• Selvi vs. State of Karnataka (2010): Tests must be voluntary with informed consent.
• D.K. Basu vs. State of West Bengal (1997): Involuntary tests could violate the Right to Life and Privacy.
Admissibility in Court
According to the Indian Evidence Act, 1871, results from polygraph tests are not admissible as evidence in court.
Guidelines
National Human Rights Commission Guidelines (1999): Establish consent and procedural requirements for administering polygraph tests to align with human rights standards.
PYQ:
[2018] Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement?
(a) Article 14 and the provisions under the 42nd Amendment to the Constitution.
(b) Article 17 and the Directive Principles of State Policy in Part IV.
(c) Article 21 and the freedoms guaranteed in Part III.
(d) Article 24 and the provisions under the 44th Amendment to the Constitution.
The NHRC India has taken suo motu cognizance of the two alleged incidents of food poisoning related deaths in an orphanage in Andhra Pradesh.
About National Human Rights Commission (NHRC)
Details
Establishment
As a Statutory Body and established under the Protection of Human Rights Act, 1993.
Functions
Inquire into any violation of human rights
Recommend immediate interim relief to victims or their families
Intervene in court proceedings involving human rights violations
Review constitutional and legal safeguards for human rights
Study international instruments on human rights
Support the efforts of NGOs working in the field of human rights
Powers
Regulate its own procedure
Possess all the powers of a civil court
Proceedings have a judicial character
May take any of the following steps upon the completion of an inquiry:
To recommend to the concerned government or authority to make payment of compensation or damages to the victim.
To recommend to the concerned government/authority the initiation of proceedings for prosecution or any other action against the guilty public servant.
To recommend to the concerned government/authority for the grant of immediate interim relief to the victim.
To approach the SC or the HC concerned for the necessary directions, orders, or writs.
Chairperson
Must be a former Justice of the Supreme Court or CJI(appointed by the President of India)
Members
Four full-time members;
Chairperson: former Supreme Court Justice or Chief Justice;
Other Member: former Judge of the Supreme Court;
Other Member: former Chief Justice of a High Court;
Three Members: with knowledge or experience in human rights, including at least one woman –
Seven ex-officio members: Chairpersons of National Commissions viz., National Commission for Scheduled Castes, National Commission for Scheduled Tribes, National Commission for Women , National Commission for Minorities, National Commission for Backward Classes, National Commission for Protection of Child Rights; and the Chief Commissioner for Persons with Disabilities.
Appointment
Appointed by the President based on a committee recommendation including the Prime Minister, Speaker of Lok Sabha, Home Minister, Leaders of the Opposition in Lok Sabha and Rajya Sabha, and others
Consultation with the Chief Justice of India for judicial appointments
Removal
By order of the President of India
Consultation with the Supreme Court before removal
Terms of Office
Hold office for a term of three years or until the age of 70
Ineligibility for further government employment after office
Eligible for reappointment
Salaries
Determined by the Central government
Reporting
Submits annual or special reports to the Central government and the concerned State government
Reports laid before the respective legislatures, along with a memorandum of action taken on the recommendations and reasons for non-acceptance of any recommendations
Limitations
The commission is not empowered to inquire into any matter after the expiry of one year from the date on which the act constituting the violation of human rights is alleged to have been committed
Functions are recommendatory in nature, with no power to punish or award relief to violators
Limited role concerning armed forces violations
PYQ:
[2011] Consider the following:
Right to education.
Right to equal access to public service.
Right to food.
Which of the above is/are Human Right/Rights under “Universal Declaration of Human Rights”?
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