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Subject: Polity

  • [24th June 2024] The Hindu Op-ed:  Parliament’s Changed Bench Strength Spells More Hope

    [24th June 2024] The Hindu Op-ed:  Parliament’s Changed Bench Strength Spells More Hope

    PYQ Relevance: 

    Q. The Indian Constitution has provisions for holding joint sessions of the two houses of the Parliament. Enumerate the occasions when this would normally happen and also the occasions when it cannot, with reasons thereof. (UPSC IAS/2017)

    Q. Do Department-related Parliamentary Standing Committees keep the administration on its toes and inspire reverence for parliamentary control? Evaluate the working of such committees with suitable examples. (UPSC IAS/2021)

    Mentors comment: The Lok Sabha, the lower house of India’s Parliament, conducts sessions three times a year: Budget, Monsoon, and Winter. These sessions involve deliberations on legislation, budget discussions, and policy debates. The Budget Session, held between February and May, is crucial for financial legislation. The Monsoon Session, usually in July and August, focuses on legislative business and discussions. The Winter Session, in November and December, addresses pending bills and other urgent matters. These sessions are vital for the democratic functioning of India, ensuring accountability and transparency in governance, and providing a platform for addressing national issues and public concerns.

    Let’s learn! 

    Why in the News?

    The 18th Lok Sabha’s inaugural session has begun with oath-taking of the MPs.There are high expectations for improved deliberations and functioning due to the changed political dynamics created by the Coalition government.

    Inaugural Points of Friction

    • Statue Relocation: The Congress objected to the relocation of Mahatma Gandhi and B.R. Ambedkar statues to ‘Prerna Sthal’ without due process.
    • Pro Tem Speaker Appointment: The appointment of BJP’s Bhartruhari Mahtab as pro tem Speaker ignored the convention of appointing the senior-most member.
    • Responses: Speaker Om Birla and Parliamentary Affairs Minister Kiren Rijiju addressed these concerns publicly, emphasising adherence to tradition and procedure.

    18th Lok Sabha: Powered by Coalition Dynamics

    • Coalition Government: After a decade, India has a coalition government headed by the single-largest party’s leader.
    • Dependency on Allies: The current government relies on crucial support from regional allies, Janata Dal (United) and Telugu Desam Party.
    • Contrast with Previous Government: Unlike the previous NDA government (2014-24), the BJP now lacks a comfortable majority, making coalition dynamics more significant.

    Larger Role of Numerically Stronger Opposition

    • Checks and Balances: The 2024 election results emphasise the need for a stronger Opposition to provide checks and balances.
    • Larger Voice: The combined Opposition strength is slightly over 230 members, while the governing coalition has over 300 members.
    • Implications: This shift indicates potential for greater government accommodation of Opposition concerns and more balanced parliamentary debates.

    How does this impact Parliamentary Functioning and oversight?

    • Previous Complaints: During the last decade, the BJP’s majority often limited the Opposition’s space in Parliament.
    • Issues of Contention: Examples include the non-acceptance of adjournment notices and insufficient discussion on significant issues such as the border situation with China.
    • Legislative Productivity: The government’s focus on legislative productivity sometimes bypassed adequate scrutiny and debate, causing friction with the Opposition.

    Ensuring greater Parliamentary Efficiency

    1. Role of Parliamentary Committees 
    • Diminished Oversight: The role of parliamentary committees in scrutinising legislation has diminished over time.
    • Committee Benefits: Committees allow non-partisan examination and fine-tuning of proposed legislation, enhancing legislative quality.
    • Case Study: The controversial farm laws were passed without committee scrutiny, leading to widespread protests and their eventual withdrawal.
    1. Rules and Conventions in Parliament
    • Parliamentary Rules: Both Houses have distinct Rules of Procedure and Conduct that guide their functioning.
    • Time-Honoured Conventions: Rajya Sabha allows members to seek clarifications on suo motu statements by Ministers, a unique practice.
    • Question Hour: This practice holds the government accountable through detailed questioning of Ministers, reflecting their grasp of subjects and their accountability to Parliament.
    1. Speaker and Deputy Speaker Elections
    • Speaker Election: The first significant test will be electing the Speaker, with the governing coalition holding an advantage due to its numerical strength.
    • Deputy Speaker Election: The Deputy Speaker position, vacant during the 17th Lok Sabha, is expected to go to the Opposition, citing tradition and convention.
    • Historical Context: Exceptions exist, such as the AIADMK’s M. Thambidurai being elected Deputy Speaker in 1985 and 2014, reflecting the importance of tradition in parliamentary roles.
    1. The President’s Address and Motion of Thanks
    • President’s Address: The address outlines the government’s policies and programmes for the coming year.
    • The motion of Thanks: The ensuing debate provides the Opposition an opportunity to scrutinize and debate government policies comprehensively.
    • Omnibus Resolution: The Motion of Thanks debate allows broad discussions, helping to highlight and analyze various national issues.

    Way Forward

    • Governing Coalition’s Role: The coalition must take all opinions into account, ensuring inclusive decision-making.
    • Opposition’s Strategy: The Opposition needs to effectively use parliamentary tools to hold the government accountable.
    • Civility in Debate: Maintaining civility in debates is crucial for productive parliamentary functioning and fostering a constructive legislative environment.

    https://www.thehindu.com/opinion/lead/parliaments-changed-bench-strength-spells-more-hope/article68324917.ece

  • NHRC Notice to Centre on Worker Rights Violation in Haryana

    Why in the News?

    • The National Human Right Commission (NHRC) issued notice to the Centre over reports from a Amazon company’s warehouse in Haryana’s Manesar.
      • Employees were allegedly forced to pledge not to take toilet or water breaks until unloading six trucks post 30-minute tea break.

    NHRC’s Observations and Actions

    • NHRC views this as a serious human rights violation, potentially breaching labour laws and Ministry guidelines.
    • Notice was issued to the Secretary, Union Ministry of Labour and Employment for a detailed report within a week.

    About National Human Rights Commission (NHRC)

    Details
    Establishment
    • A Statutory Body;
    • 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
    • Promote human rights literacy
    • 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
    Chairperson
    • Must be a former Justice of the Supreme Court or Chief Justice of the Supreme Court
    • 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
    • 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

    Government Initiatives for Worker Welfare in India:

    Description
    Constitutional Framework Labour falls under the Concurrent List, allowing both Central and State governments to enact laws.

    Articles 14, 16, and 39(c) ensure equality and welfare principles.
    Judicial Interpretation under Randhir Singh vs Union of India (1982) Upholds ‘Equal pay for Equal work’ through constitutional articles, promoting fairness in employment.
    Legislative Framework Introduction of 4 labour codes:

    • Code of Wages, 2019: Standardizes wage payments across sectors.
    • Industrial Relations Code, 2020: Consolidates laws related to industrial disputes and trade unions.
    • Social Security Code, 2020: Expands social security benefits coverage for workers.
    • Occupational Safety, Health and Working Conditions Code, 2020:  Ensures safety and welfare standards in workplaces.
    “Shramev Jayate” Initiative Launched in 2014 to maximize benefits for workers through enhanced welfare initiatives.
    Maternity Benefit Amendment Act, 2017 Increases paid maternity leave from 12 to 26 weeks, supporting maternal health and childcare.

    PYQ:

    [2015] “Success of ‘Make in India’ programme depends on the success of ‘Skill India’ programme and radical labour reforms.” Discuss with logical arguments.

    [2011] Consider the following:

    1. Right to education.
    2. Right to equal access to public service.
    3. Right to food.

    Which of the above is/are Human Right/Rights under “Universal Declaration of Human Rights”?

    (a) 1 only

    (b) 1 and 2 only

    (c) 3 only

    (d) 1, 2 and 3

  • Time for a Census, come what may

    Why in the news?

    Why has the 2021 Census been delayed for so long? One plausible explanation is that the Bharatiya Janata Party (BJP) is postponing the Census to expedite the “delimitation” process in preparation for the 2029 Lok Sabha elections.

    The 84th Amendment of the Constitution

    • Delimitation Based on Census: The 84th Amendment specifies that the next delimitation exercise must be based on the first census conducted after 2026.
    • Timing for Delimitation: If the next census occurs before 2026, delimitation would be delayed until after the subsequent census in the 2030s.
    • Impact on State Representation: Delimitation aims to adjust the shares of different states in Lok Sabha seats to match their population shares, and ensure similar population sizes across constituencies.
    • Shift in Seat Balance: The upcoming delimitation is expected to favour northern states with faster population growth since 1973, potentially at the expense of southern states.

    About the 106th Amendment

    • Women’s Reservation: Passed in September 2023, this amendment provides for one-third reservation of seats for women in the Lok Sabha and State Assemblies.
    • Implementation: The reservation is to come into effect “after an exercise of delimitation is undertaken for this purpose after the relevant figures for the first census taken after [2023] have been published.”
    • Separate Delimitation for Women: The phrase “for this purpose” suggests that women’s reservation could be implemented through its own delimitation exercise, separate from the broader delimitation mandated by the 84th Amendment.
    • Interpretation: This allows for the possibility of initiating women’s reservation based on an early census, without waiting for the larger delimitation exercise.

    Overall Implications

    Impact on the Southern States:

    • Seat Redistribution: Delimitation is expected to shift more Lok Sabha seats to northern states with higher population growth, potentially reducing the representation of southern states.
    • Political Backlash: Southern states may react negatively to losing representation, which could lead to increased regional tensions and opposition to the BJP in these areas.

    Women’s Reservation:

    • Implementation Delay: Postponing the census could delay the implementation of the 106th amendment, which mandates one-third reservation for women in the Lok Sabha and State Assemblies.
    • Separate Delimitation: There is a possibility of initiating women’s reservation through a separate delimitation exercise, independent of the broader delimitation mandated by the 84th Amendment.

    Welfare and Entitlements:

    • Updated Data Needs: Census data are crucial for implementing welfare schemes and ensuring that resources are allocated based on the most recent population figures.
    • Impact on Beneficiaries: Delaying the census deprives millions of people of updated entitlements, such as food rations under the National Food Security Act, affecting their access to essential services.

    Way forward: 

    • Timely Census Completion: Ensure the 2021 Census is conducted promptly to provide accurate data for welfare schemes and fair resource allocation, benefiting millions of citizens who rely on updated population figures for essential services.
    • Separate Delimitation for Women’s Reservation: Implement women’s reservation through a separate delimitation exercise as allowed by the 106th Amendment, enabling the reservation to take effect without waiting for the broader delimitation mandated by the 84th Amendment.

    Mains PYQ:

    Q Empowering women is the key to controlling the population growth.” Discuss. (UPSC IAS/2019)

  • [19th June 2024] The Hindu Op-ed: The boomerang effect in this general election, and how

    [19th June 2024] The Hindu Op-ed: The boomerang effect in this general election, and how

    PYQ Relevance:

    Q. Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct. (UPSC IAS/2022)

    Q. To enhance the quality of democracy in India the Election Commission of India has proposed electoral reforms in 2016. What are the suggested reforms and how far are they significant to make democracy successful? (UPSC IAS/2017)

    Mentors Comment: The 2024 general election verdict has various interpretations. Some believe it has expanded the space for dissent and democracy, while others see it as a check on Prime Minister Modi’s perceived authoritarianism. Philosophically, it signifies a civilisational response against the BJP’s Hindutva project, which has polarized Hindus rather than uniting them, proving counterproductive.

    Let’s Learn!

    Why in the News?

    • Interpreting the Outcome: The 2024 general election outcome has sparked diverse interpretations, portraying it either as a resurgence of dissent and democracy or as a check on what critics label as Prime Minister Narendra Modi’s authoritarian rule.
    • Deeper Philosophical Narrative: Beyond surface impacts, the election outcome reflects underlying philosophical shifts in Indian politics.

    Philosophical Underpinnings of the Verdict

    • Resurgence of Civilizational Ethos: The verdict can be interpreted as a revival of India’s civilizational ethos, countering the BJP’s Hindutva agenda.
    • Polarization within Hindu Society: Hindutva’s attempt to unite Hindus against perceived threats has instead deepened divisions within Hindu communities.

    Constitutional Significance

    • Central Theme of the Election: The Constitution emerged prominently in the election discourse amid concerns over potential amendments that could impact affirmative action for backward castes and tribes.
    • Critique by RSS and Allies: Historically, the RSS and its allies have critiqued the Constitution, seeking to undermine its provisions despite assertions of commitment to secularism.

    The Role of the Constitution

    • Symbol of Corrective Justice: The Constitution symbolizes corrective justice for historical injustices within Hindu society and stands against efforts to glorify a selective Hindu past that marginalizes minorities.
    • Hypocrisy of Right-Wing Rhetoric: While proponents claim secularism as inherent to Hindu ethos, their rhetoric often targets and demonizes minorities, undermining their claims of upholding constitutional values.

    Political Repercussions

    • BJP’s Electoral Setback: The BJP’s setback in the 2024 elections signals public rejection of attempts to manipulate the Constitution and exploit anti-minority sentiments.
    • Ayodhya Defeat: The electoral defeat in Ayodhya, where a Dalit candidate prevailed, underscores voters’ prioritization of social justice over religious symbolism, challenging BJP’s political strategies.

    Future Trajectory of Hindutva

    • Coalition Governance Dynamics: With a coalition government necessitating broader consensus, the focus on amending the Constitution may diminish temporarily.
    • Vigilance of the Opposition: The Opposition must remain vigilant against future attempts to amend the Constitution for partisan gains, ensuring its resilience against divisive agendas.

    Conclusion: The 2024 election marks a pivotal moment where the Constitution emerged as a safeguard against attempts to reshape India’s socio-political fabric. The BJP’s electoral setbacks underscore the enduring significance of constitutional values in upholding inclusive democracy. Upholding social justice and preventing the exploitation of marginalized communities should remain paramount, ensuring unity amidst India’s diversity.

    https://www.thehindu.com/opinion/lead/the-boomerang-effect-in-this-general-election-and-how/article68304575.ece

  • Who is the Pro-Tem Speaker of Lok Sabha and how is an MP chosen for the role?

    Why in the News?

    • The 18th Lok Sabha will convene its first session very soon. A new Speaker of the House will be elected during this session.
      • Until the election of the new Speaker, a pro-tem Speaker will be appointed to administer the oath to the new Members of Parliament.

    Who is a Pro-tem Speaker?

    • The Speaker of the Lok Sabha oversees the day-to-day proceedings of the House.
    • According to Article 94 of the Indian Constitution, the outgoing Speaker continues in office until the first meeting of the new Lok Sabha.
    • A pro-tem Speaker is appointed temporarily to manage certain duties until the new Speaker is elected.
    • The Constitution does NOT mention explicitly about the post.
      • However, the ‘Handbook on the Working of the Ministry of Parliamentary Affairs provides guidelines on the appointment and duties of the Speaker pro-tem.
    • Functions:
      • The primary duty of the pro-tem Speaker is to administer oaths to the new MPs, as mandated by Article 99 of the Constitution.

    Appointment of the Pro-tem Speaker

    • When the Speaker’s post is vacant before the new Lok Sabha convenes, the PRESIDENT appoints a Member of the House as the Speaker pro-tem.
      • The President administers the oath to the Speaker pro-tem at the Rashtrapati Bhawan.
    • Generally, three other elected members of the Lok Sabha are also appointed by the President to assist in the oath-taking process.
    • The SENIORMOST members, in terms of years of service, are usually chosen for this role, though there can be exceptions.

    Process of Administering Oaths

    • The Legislative I Section of the Government of India prepares a list of the seniormost Lok Sabha members after the formation of the new government.
    • This list is submitted to the Minister of Parliamentary Affairs or the Prime Minister, who identifies the Speaker pro-tem and the three other members for oath-taking.
    • After the Prime Minister’s approval, the consent of the selected members is obtained by the Minister of Parliamentary Affairs, usually over the telephone.
    • The Minister then submits a note to the President seeking approval for the appointments and the date and time for the swearing-in ceremony.
    • Upon the President’s approval, the Ministry informs the Speaker pro-tem and the other members about their appointments.
    • The Speaker pro-tem then administers the oath to the other three members in the Lok Sabha.

    PYQ:

    [2024] With reference to the Speaker of the Lok Sabha, consider the following statements :

    While any resolution for the removal of the Speaker of the Lok Sabha is under consideration

    1. He/She shall not preside.
    2. He/She shall not have the right to speak.
    3. He/She shall not be entitled to vote on the resolution in the first instance.

    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
  • [18th June 2024] The Hindu Op-ed: Constitutional respect should not be reduced to optics

    [18th June 2024] The Hindu Op-ed: Constitutional respect should not be reduced to optics

    PYQ Relevance:

    Q The size of the cabinet should be as big as governmental work justifies and as big as the Prime Minister can manage as a team. How far is the efficacy of a government then inversely related to the size of the cabinet? Discuss.(UPSC IAS/2014)

    Q To what extent, in your view, the Parliament is able to ensure accountability of the executive in India? (UPSC IAS/2021)

    Mentor comment: In a parliamentary democracy, the Prime Minister (PM) is the head of government, responsible for running the country and implementing policies. Chosen from the majority party in parliament, the PM leads the executive branch, oversees the cabinet, and represents the government domestically and internationally. The PM must maintain the confidence of the parliament to remain in power.

    Why in the News?

    • On June 7, 2024, Prime Minister Narendra Modi surprised the nation by paying his respects to the Constitution of India at the Alliance meeting.
    • This move was probably in response to the accusations by the opposition who alleged the threat of ‘changing’ the constitution.

    Role of the Prime Minister in a Parliamentary Democracy

    • Head of the Council of Ministers: The Prime Minister is the head of the Council of Ministers.
    • Constitutional Mandate: Article 74 of the Constitution mandates that the Prime Minister advises the President in their functions.
    • Choice of System: B.R. Ambedkar and the framers chose the parliamentary system over the presidential system to ensure greater responsibility of the executive to the Legislature and the electorate.

    Row over Immediate Actions

    • Oath of Office: On June 9, 2024, Mr Modi and his Cabinet Ministers took the oath of office administered by the President of India.
    • Pre-emptive Financial Sanction: On June 10, the Prime Minister pre-emptively cleared a significant financial sanction of PM-KISAN without the formal allocation of ministerial portfolios, raising questions about the constitutional validity of such actions.

    Optics over Procedure

    • Cabinet Meeting Decisions: The first cabinet meeting, without allocated portfolios, approved significant welfare measures like the Pradhan Mantri Awas Yojana.
    • Procedural Concerns: Questions arise about the initiation, circulation, and approval process of these decisions, suggesting a focus on optics rather than constitutional procedure.
    • Extended Tenures: Mr. Modi extended the tenures of key officials without reconstituting the Cabinet Committee, relying on the old Appointments Committee, raising further procedural concerns.

    Coalition Dharma and Constitutional Morality

    • Disregard for Norms: These actions reflect a disregard for coalition principles and constitutional norms.
    • Dr. Ambedkar’s Emphasis: B.R. Ambedkar emphasized the need for constitutional morality and the cultivation of democratic sentiments, which appear to be lacking in the current scenario.
    • Article 77: It provides for the President to make rules for government business transactions, ensuring ministerial accountability, which seems undermined by the centralization of power in the PMO.

    Current Government’s functioning

    • Shift in Power: There is a noticeable shift towards an extraordinary accumulation of power in the Prime Minister’s Office, contrary to the principles of collective responsibility.
    • Business Rules: The Government of India (Allocation of Business) Rules designate business to specific ministries and departments, not the PMO.
    • Cabinet Secretariat: The Cabinet Secretariat’s role is to provide secretarial assistance, but recent actions suggest a breakdown of this framework.

    Role of opposition in parliamentary democracy

    • Accountability and Oversight: The opposition scrutinizes government actions and policies, ensuring transparency and preventing abuses of power.
    • Alternative Policies: It offers constructive criticism and proposes alternative solutions to address national issues and improve legislation.
    • Representation of Diverse Interests: The opposition voices the concerns and interests of various segments of society, ensuring a balanced and inclusive democratic process.

    Way forward

    • Strengthen Institutional Checks: Implement stricter enforcement of constitutional mandates and parliamentary procedures to ensure balanced power distribution and prevent centralization in the PMO.
    • Enhance Opposition Collaboration: Foster a cooperative environment where the opposition can effectively scrutinize government actions, propose constructive alternatives, and represent diverse societal interests, promoting a more transparent and accountable government.

    https://www.thehindu.com/opinion/lead/constitutional-respect-should-not-be-reduced-to-optics/article68301227.ece

  • Madras High Court’s Interpretation of POSH Act, 2013

    Why in the News?

    Madras HC upheld the ‘Right to Report’ serious incidents of sexual harassment a time, rejecting the 3-month deadline under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act (POSH), 2013.

    • Long-term emotional and psychological damage on victims underscored the need for a broader application of the law.

    Right to Report under POSH Act, 2013

    • Case Background: The decision came while addressing a police officer’s petition to quash an enquiry report for alleged sexual assault against a female colleague.
    • Madras HC Reasoning: Serious allegations leading to “grave mental trauma” and “stress” constitute a “continuing offence” under POSH, allowing victims to report and investigate at any time.
    • Notable Observations: the Madras HC distinguished between isolated incidents and serious allegations like assault or molestation.
    1. Isolated Incidents: Must adhere to strict deadlines under POSH.
    2. Serious Allegations: Treated as continuous misconduct until addressed, allowing flexibility in reporting timelines due to fear of victimisation.

    What is the POSH Act?

    • The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act was passed in 2013.
    • It defined sexual harassment, laid down the procedures for a complaint and inquiry, and the action to be taken.
    • It broadened the Vishakha Guidelines, which were already in place.

    The POSH Act broadened these guidelines:

    • It mandated that every employer must constitute an Internal Complaints Committee (ICC) at each office or branch with 10 or more employees.
    • It lays down procedures and defines various aspects of sexual harassment, including the aggrieved victim, who could be a woman “of any age whether employed or not”, who “alleges to have been subjected to any act of sexual harassment”.
    • This meant that the rights of all women working or visiting any workplace, in any capacity, were protected under the Act.

    Definition of Sexual Harassment

    Under the 2013 law, sexual harassment includes “any one or more” of the following “unwelcome acts or behaviour” committed directly or by implication:

    • Physical contact and advances
    • A demand or request for sexual favours
    • Sexually coloured remarks
    • Showing pornography
    • Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.

    The Ministry of Women & Child Development has published a Handbook on Sexual Harassment of Women at the Workplace with more detailed instances of behaviour that constitutes sexual harassment at the workplace. These include, broadly:

    • Sexually suggestive remarks or innuendos; serious or repeated offensive remarks; inappropriate questions or remarks about a person’s sex life
    • Display of sexist or offensive pictures, posters, MMS, SMS, WhatsApp, or emails
    • Intimidation, threats, blackmail around sexual favours; also, threats, intimidation or retaliation against an employee who speaks up about these
    • Unwelcome social invitations with sexual overtones, commonly seen as flirting
    • Unwelcome sexual advances.

    Unwelcome behaviour

    • The Handbook says “unwelcome behaviour” is experienced when the victim feels bad or powerless; it causes anger/sadness or negative self-esteem. 
    • It adds unwelcome behaviour is one which is “illegal, demeaning, invading, one-sided and power based”.

    Circumstances amounting to SHW

    The Act mentions five circumstances that amount to sexual harassment implied or explicit:

    1. The promise of preferential treatment in her employment
    2. The threat of detrimental treatment
    3. Threat about her present or future employment status
    4. Interference with her work or creating an offensive or hostile work environment
    5. Humiliating treatment likely to affect her health or safety

    Procedure for complaint

    Description
    Filing a complaint The aggrieved victim has the option to file a complaint with the ICC, but it is not compulsory for the ICC to act.
    Assistance in filing a complaint Any member of the ICC must provide reasonable assistance to the victim in filing a written complaint.
    Filing a complaint on behalf of the victim If the victim is unable to file a complaint due to incapacity, death, or other reasons, her legal heir may file it on her behalf.
    The time limit for filing a complaint The complaint must be made within 3 months from the date of the incident
    Extension of time limit ICC has the authority
    Monetary settlement and conciliation Yes. It is possible.
    Forwarding complaint or initiating an inquiry Must be completed within 90 days.
    Confidentiality of information The act ensures the confidentiality of the woman’s identity, respondent’s identity, inquiry details, recommendations, and actions taken

    Requirements imposed on employers

    Description
    Internal Complaints Committee (ICC) Employers with more than 10 employees must establish an ICC to address sexual harassment complaints.
    Composition of ICC The ICC must include women employees, another employee, and a third-party member familiar with sexual harassment issues.
    Local Committee (LC) for smaller organizations Organizations with fewer than 10 employees must create an LC to receive complaints from the informal sector.
    Complaint filing process Women can file written complaints to either the ICC or LC within three to six months of the incident.
    Resolution methods The Act provides two resolution methods: conciliation between the parties involved or conducting an inquiry by the committee.
    Annual audit report Employers must file an annual audit report on sexual harassment complaints and take responsibility for conducting workshops, awareness programs, and orientation for ICC members.
    Non-compliance penalties Non-compliance with the Act can result in penalties, including fines.

     

    PYQ:

    [2019] What are the continued challenges for Women in India against time and space?

    [2014] We are witnessing increasing instances of sexual violence against women in the country. Despite existing legal provisions against it, the number of such incidences is on the rise. Suggest some innovative measures to tackle this menace.

    [2010] Two of the schemes launched by the Government of India for Women’s development are Swadhar and Swayam Siddha. As regards the difference between them, consider the following statements:

    1. Swayam Siddha is meant for those in difficult circumstances such as women survivors of natural disasters or terrorism, women prisoners released from jails, mentally challenged women etc.,whereas Swadhar is meant for holistic empowerment of women through Self Help Groups.
    2. Swayam Siddha is implemented through Local Self Government bodies or reputed Voluntary Organizations whereas Swadhar is implemented through the ICDS units set up in the states.

    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
  • [15th June 2024] The Hindu Op-ed: Reimagining Indian federalism

    [15th June 2024] The Hindu Op-ed: Reimagining Indian federalism

    PYQ Relevance:

    Q The concept of cooperative federalism has been increasingly emphasised in recent years. Highlight the drawbacks in the existing structure and the extent to which cooperative federalism would answer the shortcomings. (UPSC IAS/2015)
    Q How far do you think cooperation, competition and confrontation have shaped the nature of federation in India? Cite some recent examples to validate your answer. (UPSC IAS/2020)

    Mentors’ comment: Federalism is crucial as it balances power between national and regional governments, fostering a diverse and inclusive governance structure. It allows regions to address local needs effectively while maintaining national unity. By promoting cooperation and accommodating diversity, federalism enhances democratic participation, prevents centralization of power, and ensures more equitable resource distribution, supporting overall stability and development.

    Let’s learn_ _

    Why in the news?

    On June 4, 2024, the BJP fell short of a Lok Sabha majority, relying on regional partners. This coalition governance could curb the BJP’s dominance and revitalize India’s federal structure, damaged over the past decade.

    Undermine the Federalism in last decade before the 2024 election 

    • Centralisation of Power: Under the current administration, there has been a significant shift towards centralising power at the expense of state autonomy, moving away from the principle of cooperative federalism.
    • Use of Investigative Agencies: Regulatory and investigative agencies like the Enforcement Directorate, Central Bureau of Investigation, and Income-Tax agencies have been used to clamp down on political opponents from regional parties, thereby undermining state authority and autonomy.
    • Imposition of Hindi: Efforts to impose Hindi on non-Hindi speaking southern states have been part of a broader strategy to homogenize the nation, disregarding the linguistic and cultural diversity of states.
    • Unilateral Decision-Making: Key decisions, such as imposing a nationwide lockdown during the COVID-19 pandemic, were made unilaterally by the central government without consulting the states, exemplifying a top-down approach.
    • Fiscal Manipulation: The financial autonomy of states has been undermined by the central government through mechanisms like levying cesses on various items, which are not shared with states, disrupting the balance of fiscal federalism.

    The concerns of the Southern States

    • Financial Disparity: Southern states recognize the necessity of correcting regional imbalances but are concerned about disproportionate financial allocations favoring less-performing northern states. For example, Uttar Pradesh received ₹25,069 crore in tax devolution, more than the combined total for all five southern states.
    • Potential Political Disenfranchisement: There is anxiety over the potential political dominance of northern states like Uttar Pradesh and Bihar, particularly concerning the upcoming delimitation exercise. These states, with their larger populations, could outweigh the southern states’ influence in the Lok Sabha.

    Measures to resolve the concerns of southern States

    • Need for Equitable Redistribution: Southern leaders emphasise the importance of equitable redistribution and representation, advocating for a balanced approach that does not financially persecute the high-performing southern states.
    • Coordination Among Southern Leaders: Southern chief ministers are likely to collaborate to address the threat of political disenfranchisement, recognising that their collective interests are at stake in maintaining a fair federal structure.

    Why Need to Revive the Inter-State Council?

    • Potential for Effective Deliberation: Although the Council has the potential to be a formidable forum for decision-making and dispute resolution, it has become ineffective under the control of the Ministry of Home Affairs.
    • Independent Arena for Coordination: Reviving the Council would provide an independent space for consultation, decision-making, and dispute resolution, ensuring better coordination between states and various governmental departments on issues affecting states.
    • Accommodating Diversity: In a diverse country like India, fostering a sense of common belonging while respecting the developmental differences among states is crucial. The Council can help in creating policies that are inclusive and considerate of these differences.
    • Preventing Fragmentation: Ensuring that all states feel that their common nationhood is beneficial helps in maintaining national unity. Without proper forums for dialogue, regional, religious, and linguistic tensions could escalate.
    • Addressing Inequitable Power Dynamics: The statement “We have more people, so we will have more money and power” threatens to disrupt the delicate balance of federalism. The Council can help address these power imbalances and promote equitable development across all states.

    Conclusion: To strengthen India’s federalism, revitalizing the Inter-State Council is crucial, ensuring it operates independently for effective consultation and decision-making. Equitable fiscal practices, respect for state autonomy, and promotion of cultural diversity will foster cooperative governance and prevent centralization, thereby balancing regional needs with national unity.

    Source: https://www.thehindu.com/opinion/lead/reimagining-indian-federalism/article68290374.ece#:~:text=This%20Modi%2Dfied%20brand%20of,on%20political%20opponents%20from%20regional

  • CIC upholds decision of Rashtrapati Bhavan on RTI query

    Why in the News? 

    • The Central Information Commission (CIC) upheld Rashtrapati Bhavan’s response to an RTI query regarding the number of times former President Kovind returned decisions by the Prime Minister/Union Council of Ministers for reconsideration.
      • The President’s Secretariat stated that no information was available on record regarding such returns.

    Back2Basics: Right to Information (RTI)

    • The RTI Act of 2005 grants Indian citizens the right to access government-held information, with exceptions.
    • Its goal is to enhance transparency and accountability in public authorities.
    • This Act replaced the earlier Freedom of Information Act of 2002.
    • RTI aligns with Freedom of Speech and Expression (Article 19) in India’s Constitution.

    About Central Information Commission (CIC)

    Details
    Establishment Set up under the Section 12 of the Right to Information Act, 2005.
    Function
    • Oversees implementation of RTI Act in Central Government and Union Territories.
    • Resolves complaints and decides appeals related to the Act.
    Headquarters New Delhi
    Composition
    • Chief Information Commissioner (CIC)
    • Up to 10 Information Commissioners (IC), (appointed by President on recommendation of PM-led Committee consisting Leader of Opposition and Cabinet Ministers.)
    Qualifications CIC and IC must be persons of eminence in public life with wide knowledge and experience in: Law, Science and Technology, Social Service, Management, Journalism, Mass Media, Administration, and Governance.

    NON-ELIGIBLITY: Members of Parliament or Legislature of any State or Union Territory, hold any office of profit, be connected with any political party, or carry on any business or profession.
    Tenure
    • CIC and IC hold office for such term as prescribed by Central Government or until they attain age of 65 years, whichever is earlier.
    • NO Reappointment.
    • IC can be appointed as Chief Information Commissioner, but total tenure including term as IC should not exceed 5 years.
    Removal
    • President can remove CIC or IC on grounds like insolvency, conviction for moral turpitude, engaging in another office of profit, etc.
    • Removal for misbehaviour requires Supreme Court enquiry and recommendation.
    Salary & Conditions Salary, allowances, and service conditions determined by Central Government, cannot be varied to their disadvantage during service (After RTI Amendment Act,2019)
    How RTI amendment, 2019 has changed CIC?
    • Before the 2019 amendment to the RTI Act, ICs at the CIC held a 5-year fixed term and were considered equal in status to the Chief Election Commissioner and Supreme Court judges.
    • The 2019 amendments granted the Centre the power to alter these terms at its discretion.
    Functions
    • Receives and inquires into complaints related to RTI Act violations, including non-appointment of Public Information Officer, refusal or delay in information, unreasonable fees, incomplete or false information.
    • Submits annual report on Act’s implementation to Central Government, presented to Parliament.
    Powers
    • Can suo-moto order inquiries, summon persons, enforce oaths, access and inspect documents, receive evidence on affidavit, requisition public records, summon witnesses, and enforce compliance of decisions.
    • Can direct public authorities on information access, officer appointments, record management, training, and impose penalties or compensation for non-compliance.

     

    PYQ:

    [2018] The Right to Information Act is not all about citizens’ empowerment alone, it essentially redefines the concept of accountability. Discuss. (150 words)

    [2019] There is a view that the Officials Secrets Act is an obstacle to the implementation of RTI Act. Do you agree with the view? Discuss.

    [2020] “Recent amendments to the Right to Information Act will have a profound impact on the autonomy and independence of the Information Commission”. Discuss.

  • What are the standards for awarding death sentence, the President’s ‘Mercy’ power?

    Why in the News?

    • The President of India has rejected a Mercy Petition to pardon a Pakistani terrorist.
      • The accused was one among the Lashkar-e-Tayyeba terrorists who attacked the Red Fort in 2000, killing two soldiers and a civilian guard.

    What is the process of Mercy Petition?

    • Step 1: The convict facing a death sentence can file a mercy petition within 7 days of the Supreme Court dismissing their appeal.
    • Step 2: The convict or their relative submits a written petition to the President or governor, citing grounds such as sole breadwinner, physical/mental health, perceived harshness of the law, or judicial errors.
    • Step 3: The petition is forwarded to the Ministry of Home Affairs for assessment and recommendations, including consultation with the relevant State government.
    • Step 4: Based on Home Ministry recommendations and the Council of Ministers’ advice, the President can accept or reject the mercy plea without a specified time limit.
    • Step 5: While governors cannot pardon death sentences, they can commute, remit, or reprieve sentences under their state’s executive powers for offences against state laws.

    Judiciary on Mercy Petitions:

      • Bachan Singh v. State of Punjab (1980): The Supreme Court, upheld the death penalty but set the stringent criteria. It emphasized that the death penalty should be awarded only in the “rarest of rare” cases when all mitigating circumstances are considered.
      • In Maru Ram v. Union of India (1981), the Supreme Court ruled that the power to grant pardons under Article 72 of the Constitution must be exercised based on the advice of the Council of Ministers.
      • In Kehar Singh vs Union of India (1989) case, the court asserted that presidential pardon is an act of grace, not a right that can be claimed. The exercise of this power is purely administrative and not subject to judicial review.
      • In the Dhananjoy Chatterjee vs State of West Bengal (1994) case, the Supreme Court clarified that the pardoning powers under Articles 72 and 161 of the Constitution can only be exercised by the Central and State Governments, respectively, and not autonomously by the President or Governor.
      • In Epuru Sudhakar & Anr. v. Government of Andhra Pradesh (2006), the Supreme Court ruled that the clemency powers of the President and Governor under Article 72 and Article 161 are subject to judicial review.
      • In Shatrugan Chauhan v. State of U.P. (2014), the appex court has also commuted the death sentence in cases of inordinate delay in deciding mercy petitions. The court commuted the sentence of one Gurmeet Singh after he spent 27 years in custody (and 21 years on death row). 
      • In Mohd. Afzal Guru vs State of Delhi (2014) case, the court-mandated a minimum 14-day gap between the rejection of a mercy petition and the execution of a death penalty, ensuring adequate time for legal recourse.
      • Report of the 262nd Law Commission (2015): Recommended abolishing the death penalty for all crimes except terrorism-related offenses and waging war.
      • In April 2023, the Supreme Court upheld the Mumbai High Court’s decision to commute the death sentence of a woman and her sister due to significant delays in deciding their mercy petitions.

    About Presidents’ Pardoning Powers under Article 72

    • According to Article 72, the President of India has the power to grant pardons, reprieves, respites, or remissions of punishment or to suspend, remit, or commute the sentence of any person convicted of any offense: In cases where the punishment or sentence is by a Court Martial;
      • According to Article 161, the Governor of a State has the power to grant pardons, reprieves, respites, or remissions of punishment or to suspend, remit, or commute the sentence of any person convicted of any offence against any law relating to matters under the executive power of the State.
    • In the recent Supreme Court Ruling of 2021, the apex court held that the Governor of a state can pardon prisoners, including those on death row, even before they have served a minimum of 14 years of their prison sentence.

    Did you know?

    1. Pardon means completely absolving the person of the crime and letting him go free. The pardoned criminal will be like a normal citizen.
    2. Commutation means changing the type of punishment given to the guilty into a less harsh one, for example, a death penalty commuted to a life sentence.
    3. Reprieve means a delay allowed in the execution of a sentence, usually a death sentence, for a guilty person to allow him some time to apply for a Presidential Pardon or some other legal remedy to prove his innocence or successful rehabilitation.
    4. Respite means reducing the quantum or degree of the punishment to a criminal in view of some special circumstances, like pregnancy, mental condition etc.
    5. Remission means changing the time period of the punishment without changing its nature, for example reducing twenty years of rigorous imprisonment to ten years.

    Cases as specified by Art. 72

    In all cases where the punishment or sentence:

    1. is by a court-martial.
    2. is for an offence against any law relating to a matter to which the executive power of the Union extends.
    3. is a sentence of death.

    Nature of the Pardoning Power

    • The pardoning power of the president is not absolute.
    • At a procedural level, the apex court in Epuru Sudhakar & Anr. v. Government of Andhra Pradesh (2006) has held that the President’s power must be exercised based on the aid and advice of the Council of Ministers and can be challenged on multiple grounds including that relevant material was not considered, the power was exercised based on political considerations, or there was no application of mind.
    • This has not been discussed by the Constitution but is the practical truth. Further, the constitution does not provide for any mechanism to question the legality of decisions of presidents or governors exercising mercy jurisdiction.

     

    PYQ:

    [2014] Instances of President’s delay in commuting death sentences have come under public debate as denial of justice. Should there be a time specified for the President to accept/reject such petitions? Analyse.