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Subject: Polity

  • [6th June 2024] The Hindu Op-ed: The roads to India’s re-democratisation, the challenge

    [6th June 2024] The Hindu Op-ed: The roads to India’s re-democratisation, the challenge

    PYQ Relevance:

    Q To what extent, in your opinion, has the decentralisation of power in India changed the governance landscape at the grassroots? (UPSC IAS/2022)

    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)

    Mentor’s comment: The 18th Indian general election signals a potential end to a cycle despite no change in power. The Bharatiya Janata Party’s loss of majority could catalyze a re-democratization process. Over a decade, India witnessed political and economic power concentrating, sidelining institutions and exacerbating inequalities. A shift in power dynamics and narratives may lead to significant changes, but their realization remains uncertain.

    Let’s learn

    Why in the news?

    The election’s conclusion may signal a transition, yet the revival of India’s democracy rests on the involvement of pivotal actors, such as civil society.

    10 Years of Modi Government: A Critical Analysis 

    • Concentration of Power: For 10 years, India has experienced de-democratisation, with political and economic power concentrated in a few hands.
    • Bypassing Institutions: Top state officials made decisions, bypassing Parliament and federalism.
    • Economic Dominance: A few business cronies accessed resources and dominated the economy.
    • Increasing Inequalities: Inequalities increased, but the poor supported a pro-rich government due to identity politics and communal polarisation, overshadowing social issues.

    Expected Changes

    • Power Dynamics: Significant changes are anticipated in power dynamics and narratives due to the new balance of power.
    • Partial Realization: However, these changes might not fully materialize.

    No Shift, But a Tilt

    • Dominant Party: The BJP remains the dominant party, though Narendra Modi must now engage in coalition politics.
    • Institutional Empowerment: The weakening of Modi’s authority may empower institutions, including the Election Commission of India, the judiciary, and the media, to resist the government’s use of restrictive laws.
    • Revitalised Federalism: Federalism might be revitalised due to the need for support from state parties like the Telugu Desam Party (TDP) and Janata Dal (United) (JD(U)).

    Narrative Shifts

    • Counter to National-Populism: Mr. Modi’s national-populist claim of embodying the nation might be countered by an agenda prioritising social equality.
    • Social Justice Focus: The Congress, Samajwadi Party, Rashtriya Janata Dal, and others are mobilising supporters on social issues, including the caste census, to promote social justice.
    • Opposition’s Rise to Popularity: Rahul Gandhi’s Bharat Jodo Yatra and Bharat Jodo Nyay Yatra have made him a popular leader, defending the Constitution and building a coalition of parties under the INDIA bloc.

    Different Scenarios within the NDA Alliance

    • Bihar’s Caste Census: Nitish Kumar might push the National Democratic Alliance to emulate Bihar’s caste census initiative.
    • Coalition Politics: The TDP, JD(U), and others may promote their agendas, leading to different scenarios:
    • Modus Vivendi: A modus vivendi based on concessions from the Modi government to accommodate demands from TDP, JD(U), and others.
    • Worst-Case Scenario: A worst-case scenario where TDP and JD(U) make demands affecting BJP’s power-sharing or support base, possibly shifting alliances and causing the government to fall.

    Potential Crisis

    • Scenario Development: The second scenario might unfold over months or years, especially if the Modi government weakens due to electoral setbacks.
    • Opposition Unity: The Opposition might solidify its unity, mobilize in the streets, and recruit more partners. Mayawati might revive the Bahujan Samaj Party in the new political context.

    Future of the Ruling Alliance

    • Coalition Management: Modi may struggle to keep the NDA together if partners demand too much or if he fails to manage coalition tensions.
    • Leadership Change: The Sangh Parivar might replace Modi with someone like Nitin Gadkari, supported by the Rashtriya Swayamsevak Sangh (RSS).
    • Resistance to Power Loss: Modi and Amit Shah are unlikely to relinquish power easily, using various techniques to maintain their positions.

    Role of Civil Society

    • Crucial Role: Civil society will play a crucial role in rejuvenating India’s democracy.
    • Beyond State-Level Change: A mere change of guard at the state level won’t suffice for re-democratisation or countering the dense network of RSS-related vigilantes.

    Way Forward

    • Strengthening Institutions: It’s crucial to bolster democratic institutions like the judiciary, Election Commission, and media to ensure checks and balances.
    • Promoting Federalism: Federalism should be revitalized by empowering state governments and ensuring equitable distribution of resources.
    • Inclusive Politics: Political parties must prioritize inclusive policies addressing social and economic inequalities, fostering unity beyond identity politics.
    • Civil Society Engagement: Encourage active participation of civil society in monitoring government actions, advocating for transparency, and promoting accountability.
    • Legal Reforms: Implement legal reforms to safeguard democratic processes and protect civil liberties, ensuring fair and transparent elections.
    • Coalition Dynamics: Effective management of coalition dynamics is essential to maintain stability and address regional aspirations within a federal framework.

    Conclusion

    • India’s democratic resilience will be tested in the coming years as it navigates the challenges of coalition politics, institutional empowerment, and societal inclusiveness.  
    • The interplay between political centralisation and resistance will shape the future path of India’s democracy, emphasizing the need for continuous engagement, reform, and accountability.

  • Two lakh plus NOTA votes in Indore: Why NOTA was introduced, its consequences

    Why in the news? 

    Over 200,000 votes were cast for NOTA in the Indore Lok Sabha constituency. Let’s explore the reasons behind the introduction of this option and what occurs if, in an improbable scenario, NOTA garners more votes than all other candidates.

    Back2Basics: NOTA in Indian Elections

    • NOTA, which stands for None of The Above, is an electoral choice where voters can express their disapproval of all the candidates in a voting system.
    • In the 2013 PUCL v. Union of India case, the Supreme Court mandated the use of NOTA in direct elections for the Lok Sabha and State Assemblies.
    • The ruling specified that in such elections, voters should have the option to select to indicate their dissatisfaction with all candidates or political parties listed on the ballot.
    • The NOTA option was first used in the 2013 legislative assembly elections held in four states—Chhattisgarh, Mizoram, Rajasthan, and Madhya Pradesh, and the union territory of Delhi.

    Impact of NOTA Receiving the Highest Number of Votes in a Particular Constituency

    1. Legal Consequence:

    • Current Status: NOTA has no legal consequence; the candidate with the highest votes after NOTA wins the election.
    • Indore Case: Shankar Lalwani won with a massive margin over NOTA, which received the highest number of votes ever recorded for NOTA in any constituency.
    • Possible Change: There are ongoing discussions and petitions urging that elections be declared null and void if NOTA receives the highest number of votes.

    2. Future Considerations:

    • Petition by Shiv Khera: Calls for the ECI to frame guidelines to declare elections null and void if NOTA receives the majority vote and to debar candidates who receive fewer votes than NOTA for five years.

    Judicial Stand

    • 2013 Judgment: The Supreme Court ruled that the right to secrecy in voting includes those who choose not to vote, mandating the introduction of the NOTA option.
    • Rationale: The Court emphasised that secrecy is an essential feature of free and fair elections, supported by the introduction of EVMs to maintain voter anonymity.

    Current Deliberations:

    • New Petition (2024): The Supreme Court is considering a petition to make elections null and void if NOTA gets the highest votes, with additional consequences for candidates.
    • State-Level Precedents: Some states and union territories (e.g., Maharashtra, Haryana, Delhi) have declared NOTA as a “Fictional Electoral Candidate” for local elections, mandating fresh elections if NOTA receives the majority vote.

    Way forward:

    • Null and Void Clause: Introduce a clause in the Representation of the People Act to declare elections null and void if NOTA receives the highest number of votes.
    • Debarment of Candidates: Amend the law to debar candidates who receive fewer votes than NOTA from contesting elections for a specified period (e.g., five years).

    Mains PYQ:

    Q Discuss the procedures to decide the disputes arising out of the election of a Member of the Parliament or State Legislature under The Representation of the People Act, 1951. What are the grounds on which the election of any returned candidate may be declared void? What remedy is available to the aggrieved party against the decision? Refer to the case laws. (UPSC IAS/2022)

  • [5th June 2024] The Hindu Op-ed: Election results 2024: How India read the election, how the BJP reads the result

    [5th June 2024] The Hindu Op-ed: Election results 2024: How India read the election, how the BJP reads the result

    PYQ Relevance:

    Q “While the national political parties in India favour centralisation, the regional parties are in favour of State autonomy.” Comment. (UPSC IAS/2022)

    Q “The Indian party system is passing through a phase of transition which looks to be full of contradictions and paradoxes.” Discuss. (UPSC IAS/2016)

    Mentor’s Comment: The 2024 Indian general elections have been marked by significant political dynamics and raised critical concerns about democratic erosion. The ruling Bharatiya Janata Party (BJP), which once propagated the slogan ‘aayega toh Modi hi’ (in the end, Modi will come), shifted its narrative to ‘Abki baar 400 paar’ (this time, more than 400 seats). This shift symbolized not just an ambition for electoral victory but an assertion of near-total control, which has prompted widespread anxieties about the health of India’s democracy.

    Let’s Learn–

    Why in the news?

    The concerns of the average voter shaped the 2024 election, and how the BJP responds to these concerns will be crucial.

    Crossing the Red Line: Democratic Erosion

    • Constructed Democratic Legitimacy: For years, the BJP has defended itself against accusations of democratic erosion by pointing to its electoral success. However, democratic legitimacy extends beyond merely winning elections, it hinges on conducting fair elections. 
    • Contentious Actions: In the run-up to the 2024 elections:
      • Two Opposition Chief Ministers were jailed.
      • Many Opposition leaders faced investigations or tax probes.
      • The Election Commission of India (ECI) appeared partisan, not censuring the Prime Minister for violations of the Model Code of Conduct.
      • Traditional media often ignored Opposition campaigns and concerns.
    • Perception of Elections: This created a perception that elections were a foregone conclusion and performative.
    Equal Opportunity: Democratic Theories invoked

    • Robert Dahl’s View: Political theorist Robert Dahl emphasized the necessity for citizens to choose among all political actors and parties on equal footing. Equality of opportunity for all viewpoints is essential but often hard to measure.

    • Adam Przeworski’s Minimal Condition: Adam Przeworski noted that a minimal condition of democracy is plausible political alternation, where the ruling party occasionally loses.

    Voter Anxieties and Democratic Legitimacy

    • Systemic Failures: Voters across India expressed concerns about systemic coercion and manipulation of institutions by the ruling party. In Uttar Pradesh, Dalit communities feared constitutional changes. In southern states, there were anxieties about the federal structure and linguistic identities. These issues reflect a broader sentiment of institutional overreach by the BJP.
    • Media Control and Alternative Narratives: Traditional media’s reluctance to cover opposition campaigns led many voters to seek alternative narratives on social media. The overarching fear of a ‘tanaasahi’ (dictatorship) underscored the public’s discomfort with the BJP’s unbridled use of power.

    Electoral Dynamics and Opposition Strategy

    • Harnessing Voter Discontent: Despite the BJP’s dominance, the opposition effectively harnessed voter discontent. The campaign against electronic voting machine (EVM) manipulation, regardless of its factual basis, gained traction in rural areas, highlighting a significant mistrust in the electoral process.
    • The Battle for the Constitution: The opposition framed the election as a battle for the Constitution, resonating with voters concerned about democratic erosion. This narrative forced the BJP to reassure the electorate about not changing the Constitution, indicating that bottom-up feedback mechanisms were still influential.

    Implications for Governance and Democratic Accountability

    • The Role of Protests: Protests like those against the Citizenship (Amendment) Act and the farmers’ movement indicated a shift in how citizens exert democratic pressure. These movements succeeded outside formal political processes, demonstrating the erosion of traditional democratic institutions’ legitimacy.
    • The Path Forward: The BJP remains the largest party and is likely to form the government again. The critical question is whether it will continue its path of political centralization or heed the limits set by the electorate. Ignoring these limits could lead to new forms of resistance outside traditional democratic institutions.

    Conclusion: The 2024 elections have underscored the complexities of democratic erosion in India. Addressing these challenges requires reinforcing fair electoral processes and ensuring equitable opportunities for all political actors. The interplay between political centralization and citizen resistance will shape the future of India’s democratic trajectory, demanding a nuanced approach to governance that respects democratic principles and public accountability.

  • The verdict points to the importance of economic issues

    Why in the news?

    The outcome of the Lok Sabha elections surprised those who had relied on the flawed exit polls.

    The visible message from the general elections of 2024 emphasized two main points:

    • Revival of Federalism: The elections underscored the importance of revitalizing federalism, moving away from the centralized control that had characterized the previous decade. It highlighted the need for state governments to have more autonomy and the ability to deliver public services without excessive interference from the central government.
    • Constructive and Inclusive Political Approach: The results indicated that political parties need to adopt a more constructive and inclusive approach to nation-building. This includes a stronger focus on social justice, addressing economic issues such as unemployment and low wages, and ensuring that policies cater to the needs and rights of various segments of the population, including youth, women, farmers, and workers. The electorate showed a preference for parties that prioritize livelihood and employment issues along with social justice.

    Need to revive the Federalism

    • Decentralization of Power: Federalism ensures a more balanced distribution of power between the central and state governments. This decentralization allows states to manage their affairs more effectively, tailoring policies and programs to their specific needs and circumstances.
    • Enhanced Public Service Delivery: State governments are primarily responsible for delivering essential public services such as health, education, and infrastructure. A revived federalism would enable states to perform these functions without undue interference from the central government, leading to more efficient and responsive governance.
    • Cultural and Regional Autonomy: India is a diverse country with varied cultural, linguistic, and regional identities. Federalism respects and accommodates this diversity by allowing states to preserve and promote their unique identities and traditions within the framework of a united nation.

    Political Parties need to be more constructive, and inclusive in their approach to nation-building

    • Addressing Economic Challenges: Parties must focus on pressing economic issues such as unemployment, low wages, and the rising cost of living. Constructive policies that create jobs, support small businesses, and address economic disparities are crucial for national progress.
    • Social Justice and Inclusion: Inclusivity involves addressing the needs and rights of marginalized and disadvantaged groups. This includes ensuring social justice for various castes, genders, and socio-economic backgrounds. Emphasizing social justice can help reduce inequality and promote a more cohesive society.
    • Responsive to Public Needs: Political parties need to listen to and address the genuine needs and concerns of the populace. This involves creating policies that reflect the realities faced by people in different regions and socio-economic conditions.

    Conclusion: The 2024 Lok Sabha elections underscored the need for revitalized federalism and a constructive, inclusive political approach focused on economic issues and social justice to address diverse public needs effectively.

    Mains PYQ 

    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)

  • [4th June 2024] The Hindu Op-ed: Property is real, and so should the ‘compensation’

    [4th June 2024] The Hindu Op-ed: Property is real, and so should the ‘compensation’

    Mains PYQ Relevance: 

    Q) Starting from inventing the ‘basic structure’ doctrine, the judiciary has played a highly proactive role in ensuring that India develops into a thriving democracy. In light of the statement, evaluate the role played by judicial activism in achieving the ideals of democracy. (UPSC IAS/2014)

    Q) The Supreme Court of India keeps a check on the arbitrary power of the Parliament in amending the Constitution. Discuss critically. (UPSC IAS/2013)

    Note4Students: 

    Prelims:  Article 300-A;

    Mains: The decision of the Supreme Court in Kolkata Municipal Corporation;

    Mentor comments: A frequently cited maxim regarding property rights is that of President John Adams, who stated, “Property is surely a right of mankind as real as liberty.” This notion of property as a fundamental right has undergone significant developments in the post-colonial era, with the right to property being fiercely contested between courts and the legislature.

    Let’s learn

    —

    Why in the News?

    The recent Supreme Court decision in “Kolkata Municipal Corporation & Anr. v. Bimal Kumar Shah & Ors” has clarified that Article 300-A of the Indian Constitution, which guarantees that no person shall be deprived of their property except by authority of law, encompasses seven essential procedural sub-rights that must be protected during land acquisition.

    Background 

    • Origin: The genesis of the power struggle over the right to property in India dates back to the case of Bela Banerjee, which involved the interpretation of Articles 19(1)(f) and 31(2) of the Constitution before the amendment. The Supreme Court held that the word “compensation” in Article 31(2) implied a just equivalent of what the owner had been deprived of. To undo this interpretation, the Constitution (Fourth) Amendment was passed in 1955, amending Article 31(2) to explicitly state that courts could not question the adequacy of compensation.
    • Substituting the word “compensation” with “amount,”: they held that although the final compensation was non-justiciable, the principles fixed by the legislature to determine such compensation were open to scrutiny. Parliament realised that the word “compensation” in Article 31(2) was the source of the problem. The Constitution (Twenty-Fifth) Amendment Act, 1971, substituted the word “compensation” with “amount,” effectively keeping the courts from interpreting the adequacy of such “amount” through judicial review.
    • Supreme Court response: The validity of the Constitution (Twenty-Fifth) Amendment Act, 1971, was upheld in Kesavananda Bharati, but the Supreme Court watered down the intended effect of the amended Article 31(2) through an interpretive process. The majority in Kesavananda Bharati held that though the adequacy of the amount paid was not justiciable, the courts could still examine whether the principles fixed for determining such compensation were relevant, effectively reinstating what Justice Shah had said in the Bank Nationalisation Case. After this decision, Parliament was convinced that the Right to Property remained a thorn in the goal of achieving a socialist state, as it was seen as a citadel of the bourgeoisie.

    Major changes:

    • Constitution (44th Amendment) Act, 1978: The Janata Party, which came to power after the 1977 general election, passed the Constitution (44th Amendment) Act, 1978. This amendment deleted Article 19(1)(f) and Article 31 from Part III of the Constitution and rehabilitated the right to property as a constitutional right under Article 300-A.
    • Right to property is not absolute: Article 300-A states that “no person shall be deprived of his property save by authority of law.” This provision emphasizes that the property right is not absolute and can be regulated by law.
    • Impact on the Right to Property: The deletion of Article 19(1)(f) and Article 31 led to a significant change in the Right to Property. The Right to Property was no longer a fundamental right, but a constitutional right that could be regulated by law.
    The arguments in the favour of Right to property

    Justice K.K. Mathew’s Observation: Justice K.K. Mathew, a dissenting judge in Kesavananda Bharati, believed that the right to own and acquire property was a fundamental right and should not have been excluded from the basic features of the Constitution.

    Professor P.K. Tripathi’s Views: Professor P.K. Tripathi argued that the deletion of Article 31 was a mistake and that the Right to Property was still protected by Article 300-A. He believed that “compensation” in Article 300-A meant the market value of the property at the time of acquisition.

    Supreme Court Interpretations: The Supreme Court has held that the Right to Property is not only a constitutional right but also a human right. In cases like M.C. Mehta and B.K. Ravichandra, the Court emphasized that laws depriving individuals of their property must be just, fair, and reasonable and that Article 300-A’s guarantee cannot be read down

    The recent decision of the Supreme Court in Kolkata Municipal Corporation has fleshed out seven different facets which are protected under Article 300-A-

    Seven Facets Protected:

    1. The right to notice
    2. The right to be heard
    3. The right to a reasoned decision
    4. The duty to acquire only for public purpose
    5. The right of restitution or fair compensation
    6. The right to an efficient and expeditious process
    7. The right of conclusion
    • Right to Restitution or Fair Compensation: The Supreme Court has reiterated that a person deprived of land by the state in the exercise of its power of eminent domain is entitled to be paid compensation which is just and reasonable.
    • Position in the Bela Banerjee Case: The Court has judicially affirmed the position prevailing when the unamended Article 31 was in force, and the interpretation expounded in the Bela Banerjee case on the aspect of payment of compensation.
    • Protection of Property: The decision in Kolkata Municipal Corporation vindicates the prophetic words of Prof. P.K. Tripathi, that in enacting the Forty-Fourth Amendment and deleting Articles 19(1)(f) and 31, Parliament has unwittingly given the property of a citizen the kind of protection it has never enjoyed before either in British or in independent India

    Way forward:

    • Ensure that the acquisition process is transparent and follows the prescribed procedures outlined in the Land Acquisition Act, 1894, and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 
    • Ensure that the procedures are documented and easily accessible to all stakeholders.

  • Blaming court vacation for pendency misses the real problem

    Why in the news?

    A casual remark from a member of the Prime Minister’s Economic Advisory Council has reignited the debate on judges’ working hours and vacations.

    Reports on Case Pendencies:

    According to the “India Justice Report”, as of June 2020, cases remain pending for an average of three years in subordinate courts and five years in high courts, highlighting the extensive backlog.

    Issues of unfilled vacancies and lack of infrastructure/ Present challenges:

    • Overburdened Judiciary: Judges and courts are overburdened with excessive government litigation, new legislation adding to the workload, and the rising tide of litigation across various domains.
    • Infrastructure Deficits: Shortages in courtrooms and support staff, with national averages showing a 26% deficit in support staff. Insufficient infrastructure hampers the smooth processing of cases.
    • Quality Deficits: Uneven proficiency in language and legal knowledge among lawyers and judges contribute to procedural delays and suboptimal outcomes. Lengthy pleadings, paper books, and judgments further exacerbate the problem.
    • Vacancy Crisis: Many courts, including high courts and lower courts, face a significant shortage of judges, with vacancies averaging around 30% in high courts and 22% in subordinate courts. Some states, like Bihar and Meghalaya, have vacancies exceeding 30% for over three years.
      • Lack of administrative support and outdated procedures impede the efficient management of cases and court operations.

    What can be done?

    • Address Vacancies: Expedite the appointment process for vacant judicial positions and strive to achieve full complement in courts to alleviate workload pressures.
      • Set higher standards for judicial appointments and legal practice to ensure competence and proficiency among legal professionals.
      • Establish Permanent Administrative Secretariats (PAS) led by qualified court managers to assist judges in case management and administrative tasks.
    • Invest in Infrastructure: Build more courtrooms, hire additional support staff, and invest in technology to streamline court processes and enhance efficiency.
      • Allocate adequate resources to the judiciary to improve infrastructure, enhance administrative capabilities, and ramp up efficiency in justice delivery.
    • Prioritize Judicial Reform: Undertake comprehensive judicial reforms to address systemic issues, streamline processes, and enhance access to justice for all citizens.
      • Implement specialized courts, pre-trial mediation, and other alternative dispute resolution mechanisms to expedite case resolution and reduce backlog.

    Mains PYQ:

    Q Critically examine the Supreme Court’s judgement on ‘National Judicial Appointments Commission Act, 2014’ with reference to appointment of judges of higher judiciary in India. (UPSC IAS/2017)

  • [29 May 2024] The Hindu Op-ed: The Constitution, a surprise entrant in poll battlefield

    [29 May 2024] The Hindu Op-ed: The Constitution, a surprise entrant in poll battlefield

    PYQ Relevance:

    Mains: 

    Q. Discuss each adjective attached to the word ‘Republic’ in the preamble. Are they defendable in the present circumstances stances? (UPSC IAS/2016)
    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)

    Prelims:
    Which one of the following objectives is not embodied in the Preamble to the Constitution of India?  (UPSC IAS/2017)
    (a) Liberty of thought
    (b) Economic liberty
    (c) Liberty of expression
    (d) Liberty of belief

    Note4Students: 

    Prelims: Preamble; Constitutional Values;

    Mains: Democratic Political System;

    Mentor comment: Do you know what is the meaning of the word, ‘values’? You may immediately say that truth, non-violence, peace, cooperation, honesty, respect, and kindness are values, and you may continue to count many such values. In fact, in a layman’s understanding, value is that which is very essential or ‘worth having and observing’ for the existence of human society as an entity. The Indian Constitution contains all such values, the values that are universal, human, and democratic of the modern age. The constitutional values are reflected in the entire Constitution of India, but its Preamble embodies ‘the fundamental values and the philosophy on which the Constitution is based’. Political Democracy contributes to stability and continuous progress in society and it secures peaceful political change. But, during the recent General Elections, the interplay between the Constitution and political mobilization has fundamentally shaped the trajectory of democratic politics.

    Let’s learn.

    –

    Why in the News?

    The General Elections of 2024 have established larger concerns over the Constitution constraint and the democratic legitimacy of the government, regardless of the election’s outcome.

    • The silences around secularism and the focus on caste-based discrimination and reservations reveal critical fault lines. 

    The Constitution as a Battleground in the 2024 Indian Election:

    • Political Tussle: The BJP’s declaration of winning 400+ seats and remarks about changing the Constitution if they achieve electoral dominance.
      • Opposition leaders portray this election as a battle to “save the Constitution” and it resonates with voters on the ground.
    • Constitutional Principles vs Ordinary Laws: Ordinary laws in India are often seen as discriminating and are used coercively by the state to undermine freedoms and disempower citizens. However, the Constitutional values provide the basis for challenging discriminatory laws. 

    The Constitution’s commitment to secure Liberty, Equality, and Dignity:

    • Liberty: The Preamble prescribes liberty of thought, expression, belief, faith and worship as one of the core values. These have to be assured to every member of all the communities.
    • Equality: Inequality based on the concept of rulers/caste/gender is to be eliminated. All citizens of India should be treated equally.
      • Similarly, equal opportunities imply that regardless of the socioeconomic situation, he/she will have the same chance as everybody else to develop his/her talents and choose a means of livelihood.
    • Dignity: The promotion of ‘Fraternity’ is essential to realize the dignity of the individual. It is essential to secure the dignity of every individual without which democracy cannot function.
      • It ensures equal participation of every individual in all the processes of democratic governance.
      • Although the word ‘dignity’ has no textual mention in the Constitution, the Supreme Court has held dignity to be the “founding faith” of the Constitution and the “core of Fundamental Rights.”
    Other core Constitutional values are expressed in the Preamble as objectives of the Constitution. Some of these are as follows:

    Sovereignty: Being sovereign means having complete political freedom and being the supreme authority. It implies that India is internally all-powerful and externally free. It is free to determine for itself without any external interference (either by any country or individual) and nobody is there within to challenge its authority.

    Socialism: Our Constitution directs the governments and the people to ensure the prevention of the concentration of wealth and power in a few hands. The Constitution has specific provisions that deal with inequalities in the chapters of Fundamental Rights
    and Directive Principles of State Policy.

    Secularism: India is home to almost all major religions in the world. In the context of this plurality, secularism is seen as a great Constitutional value. The Constitution strictly prohibits any discrimination on the grounds of religion.

    Democracy:
    The people elect the rulers of the country and the elected representatives remain accountable to the people. It allows dissent and encourages tolerance. More importantly, it is based on the principles of the rule of law, independence of the judiciary, free and fair elections, and freedom of the press.

    Contradictions in Contemporary Indian Politics:

    • Secularism vs Equality: Dalit voters emphasize the Constitution’s principles of Right to equality, while Muslim voters primarily express concerns about Secularism.
    • Secularism vs Equity: Ordinary young citizens have mobilized around Constitutional principles throughout India’s history to secure their Rights and challenge Socioeconomic deprivation.
      • For much of this decade, the logic of caste-based mobilization seemed to have receded in the background, for example, the introduction and passage of the 103rd Amendment to the Constitution mandated 10% reservations for economically weaker sections (EWS) amongst unreserved ( upper caste) categories.
      • A young BJP supporter fears that a “Hindu Rashtra” would lead to discrimination, while a Yadav farmer believes the Constitution protects them and gives them reservations.

    Conclusion: If the 2024 election is indeed a battle for the Constitution, the silences around secularism and the focus on caste-based discrimination and reservations reveal critical fault lines that the polity must confront. However, the heightened concerns over the Constitution also constrain the democratic legitimacy of the government, regardless of the election’s outcome.

    https://www.thehindu.com/opinion/lead/the-constitution-a-surprise-entrant-in-poll-battlefield/article68225687.ece

  • SC refuses to issue Interim order on Voter data     

    Why in the news?

    On May 24, the Supreme Court rejected an [Association for Democratic Reforms (ADR)] NGO’s request for the Election Commission of India to upload authenticated, scanned, and legible copies of Form 17C, which details the booth-wise account of votes recorded after each phase of Lok Sabha elections.

    About the Application Filed by the Association for Democratic Reforms (ADR):

    • ADR sought an order directing the Election Commission of India (ECI) to upload authenticated, scanned, and legible copies of Form 17C, which shows the account of votes recorded booth-wise after each phase of polling in Lok Sabha elections.
    • ADR highlighted concerns regarding the delay in publishing final voter turnout data and the significant revisions in voter turnout percentages, which raised public suspicions and apprehensions about the accuracy of the data.

    Why did the Supreme Court refuse to issue interim order on voter data?

    • Timing of the Elections: The Supreme Court refused the plea on May 24, stating that the nation was in the middle of the General Elections and at the moment of the sixth phase of polling.
    • Diverting the attention: The court acknowledged the mammoth nature of the elections, which require vast human resources. Diverting the attention of the Election Commission during this critical period was not deemed appropriate.
    • Ongoing Petition: The interim relief sought by ADR was already part of a relief sought in a petition pending since 2019. Granting interim relief at this stage would effectively mean providing final relief in the ongoing writ petition.
    • Already decided in previous judgments: Senior advocate Maninder Singh for the EC argued that ADR’s application was unfounded.
      • It aimed at discrediting the EC, invoking the concept of constructive res judicata, implying that issues already decided in previous judgments (like EVM-VVPAT case) cannot be re-litigated in the middle of an election process.

    About the Role of the Judiciary During Election Polls:

    • Non-Interference During Elections: The Supreme Court emphasized that it should not interfere with the conduct of elections, which are managed by the Election Commission, during the polling process.
    • Enhancing Conduct of Polls: The judiciary’s role is to enhance the conduct of elections rather than interrupt or interfere in ongoing electoral processes.
    • Ground Reality Awareness: The judiciary must be conscious of the practical realities and complexities involved in the conduct of elections, ensuring that its actions do not disrupt the democratic process.

    Conclusion: The Supreme Court’s refusal to entertain ADR’s application highlights the judiciary’s cautious approach in intervening in electoral processes, especially during ongoing elections, to maintain the integrity and smooth functioning of the democratic exercise. The court seeks to balance the need for transparency and fairness in elections with the practicalities and operational challenges faced by the Election Commission.

    Mains PYQ: 

    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)

  • Reading the lower voter turnout scenario

    Why in the News?

    Low voter turnout has been a notable trend in the initial phases of the ongoing 2024 general elections in India which reflects the shift in dynamics of democratic politics.

    American Scenario during Past Elections:

    • Conventional Wisdom: In the U.S., increased voter turnout is traditionally believed to benefit Democrats. For example, it was argued that higher voter turnout could have altered the outcome in favour of Hillary Clinton in states like Pennsylvania, Michigan, and Wisconsin.
      • According to Daron R. Shaw and John R. Petrocik in “The Turnout Myth” (2020), Hillary Clinton’s support did not significantly vary with voter turnout.
    • Class Cleavages: The advantage Democrats gained from higher turnout has decreased since 1960 due to the erosion of class-based voting patterns.
    • Simulation Studies: Research by Michael D. Martinez and Jeff Gill, and later by Spencer Goidel, Thiago Moreira, and Brenna Armstrong, used simulations to predict how changes in turnout would affect election outcomes. In recent studies, the impact of increased turnout on party advantage has varied over time.

    Perception About the Party’s Prospects:

    • High confidence in a party’s victory can deter voters from participating, thinking their vote is unnecessary.
    • Polls showing Bill Clinton’s like victory during the 1996 US Elections,  led to low voter turnout, with some Clinton supporters abstaining because they believed his win was assured.
    • While both Clinton and Dole supporters showed reluctance to vote due to predicted outcomes, it led to higher abstention to vote for them.

    Indian Scenario:

    • Class and Caste based: The 2019 Indian election saw a significant jump in the SC vote for the BJP, from 24% in 2014 to 34% in 2019, indicating a shift in voting patterns among Scheduled Castes. The Upper Caste Poor voted 49% BJP and 9% Congress, while Poor OBCs and Poor STs also followed a similar pattern. Poor Muslims, however, voted 8% BJP and 30% Congress.
    • Religion and Language-based: Religion is a significant factor, with political parties often indulging in communal propaganda to exploit religious sentiments. Language also plays a role, with parties arousing linguistic feelings to influence voter decisions.
    • Region and Personality based: Regionalism and sub-regionalism are important, with regional parties appealing to regional identities and sentiments. The charismatic personalities of party leaders, such as Jawaharlal Nehru, Indira Gandhi, Rajiv Gandhi, Atal Bihari Vajpayee, and Narendra Modi, have significantly influenced voter decisions.
    • Voter turnout trends in India have fluctuated, with no consistent correlation to incumbent advantage or disadvantage.
    • It is generally believed that higher voter turnout is detrimental to incumbents, though recent elections (2014 and 2019) saw high turnout with incumbent victories.
    • The voting patterns of habitual versus non-habitual voters likely vary significantly, influenced by the diverse and multi-party nature of Indian politics.
    • Decreased turnout in the 2024 general elections could be due to factors like weather, COVID-19, economic issues, and voter apathy, potentially impacting different parties in varied ways.

    Conclusion

    The role of non-habitual voters in Indian elections adds an element of unpredictability, making it difficult to draw firm conclusions until election results are finalised.

    Mains PYQ:

    Q Individual Parliamentarian’s role as the national law maker is on a decline, which in turn, has adversely impacted the quality of debates and their outcome. Discuss. (UPSC IAS/2019)

  • SC to reconsider its 1995 judgement to include the medical profession under the Consumer Protection Act

    Why in the news?

    Recently, the apex court held that lawyers as ‘professionals’ could not be subjected to legal proceedings for providing faulty ‘service’ under the Consumer Protection Act 2019 (CPA). A similar case applies to Medical practitioners which is in high controversy.

    What is the Consumer Protection Act (CPA)?

    •  
    Consumer Protection Act, 1986 Consumer Protection Act, 2019
    Purpose Enacted to provide simpler and quicker access to redressal of consumer grievances. Repeals and replaces the CPA, 1986.
    Introduction of Concept Introduced the concept of ‘consumer’ and conferred additional rights on consumers. Expands the scope of the definition of ‘consumer’ to include transactions conducted offline or online through electronic means, teleshopping, direct selling, or multi-level marketing.
    Scope of Protection Protects individuals fitting the definition of ‘consumer’ as defined by the Act. Extends protection to a wider range of transactions, including those related to banking, insurance, transport, housing construction, entertainment, amusement, etc.

    About the previous case – Indian Medical Association vs V P Shantha (1995):

    • In 1995, a three-judge bench of the SC ruled, “Doctors would be covered under the consumer protection law, allowing the filing of several medical negligence lawsuits against doctors for deficiency in service”.
    • The court also acknowledged that medical professional occupations are often “skilled” work which differs from other occupations and the success usually depends on factors that are beyond the doctor’s control.

    Diversity of present Opinions:

    • What did the National Consumer Disputes Redressal (NCDR) Commission say?
        • In 2007, the NCDR Commission held that lawyers provide a service to their clients and hence they can be sued for deficiency of service.
        • This case ultimately reached the apex court where the judgement was passed recently.
    • What did the Apex court say?
      • The court said that the objective principle of the CPA 2019 was to protect consumers from unfair trade practices and unethical business practices (the law was not intended to include professionals).
      • The court noted that the legal profession is unique and cannot be compared with any other profession.
      • According to the SC, hiring or availing of an advocate is “a contract of personal service” and is therefore exempted from the scope of the consumer protection law.

    About the Consumer Redressal Commissions in India:

    • Legal proceedings under the CPA are heard by the Commissions which are constituted at all the 3 tier- District, State, and National levels (According to the CPA, 1986).
      • The President of each Commission would be a person who was/ is qualified to be a judge at the District, High Court, and Supreme Court resp.
      • The other individuals who have the knowledge, experience, or capacity to deal with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration.
      • Since there is no requirement for commission members to have knowledge in medical matters, they are not suited to deal with complex medical issues.
    • In 2024, another SC bench appeared to be more sympathetic to the medical practitioners and held that these professionals should not be held to the same standard as other occupations.

    Why does the Apex Court not Exempt Medical Profession from the Purview of CPA?

    • Firstly, doctors have specific duties to their patients, such as deciding on treatment and its administration.
    • Secondly, if a doctor breaches these duties by failing to provide a reasonable standard of care, they can be held liable under the CPA.
    • Additionally, the court believes requiring commission members to have case-specific knowledge would be impractical and burdensome.

    Conclusion: This decision aims to prevent potential imbalances between District and State Commissions in handling cases and places the responsibility on parties to provide evidence for informed decisions.