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Subject: Polity

  • SC to look into the use of ‘Money Bills’ to pass laws   

    Why in the News? 

    CJI D.Y. Chandrachud has accepted the plea to list petitions challenging the passage of contentious legislation in Parliament as Money Bills.

    • This has given rise to the expectation that the matter could be heard and decided before Chandrachud demits office in November this year.

    Presently, the three key issues are referred to the 7-judge bench in the Supreme Court:

    • Amendments made post-2015, like the Prevention of Money Laundering Act (PMLA) through Money Bills, giving the Enforcement Directorate wide powers, were valid or not.
    • Whether the passage of the Finance Act of 2017 as a Money Bill to alter appointments to 19 key judicial tribunals was valid or not
    • In the Aadhaar case, the Supreme Court had in 2018 upheld the Aadhaar Act as a valid Money Bill.
      • However, in 2021, Justice D.Y. Chandrachud (who was then a part of the bench) had dissented, saying the larger questions on Money Bills should be decided first before reviewing the Aadhaar judgment.
    • Now, the current Chief Justice D.Y. Chandrachud has agreed to list the petitions challenging the use of the Money Bill route by the Centre to pass contentious amendments, indicating he will constitute a 7-judge Constitution Bench to hear this matter.

    What is a Money Bill?

    • A Money Bill is a specific type of financial legislation that exclusively deals with matters related to taxes, government revenues, or expenditures.
      • It is defined under Article 110 of the Indian Constitution.
    • Every Money Bill is a Finance Bill but every Financial Bill is not a Money Bill: A Financial Bill can cover a broader range of financial issues, whereas a Money Bill is specifically limited to the matters mentioned in Article 110 of the Constitution. Therefore, while every Money Bill is a Financial Bill, not every Financial Bill is a Money Bill.

    Key provisions of the Money Bill: 

    • Article 110(1)(a): Imposition, abolition, remission, alteration, or regulation of any tax
    • Article 110(1)(b): The regulation of borrowing by the government or giving of any guarantee by the government or the amendment of the law for any financial obligations undertaken by the government
    • Article 110(1)(c): Custody of the Consolidated Fund or the Contingency Fund of India, the payment of money into or the withdrawal of money from any such Fund. 
    • Article 110(1)(d): Appropriation of money out of the Consolidated Fund of India
    • Article 110(1)(e): Declaration of any expenditure to be expenditure charged on the Consolidated Fund of India or the increase of the amount of any such expenditure
    • Article 110(1)(f): Receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money or the audit of the accounts of the Union or of a State
    • Article 110(1)(g): Any matter incidental to any of the matters specified in sub-clauses (a) to (f).

    What are the present challenges associated with the Parliament?

    • Circumvention of the Rajya Sabha:  The government is accused of misusing the Money Bill provision to evade scrutiny of the Bill by the Rajya Sabha where it was numerically weaker as compared to the Lok Sabha where it enjoyed pre-eminence.
    • Contentious Amendments passed as the Money Bill: Aadhaar Act, 2016; amendments to the Prevention of Money Laundering Act, 2002; amendments to the Foreign Contributions Regulations Act, 2010; Finance Act, 2017 which brought about changes in the mode of appointment of judicial tribunals; electoral bonds scheme brought through Finance Act, 2017.
      • For example, the Finance Act of 2017, passed as a Money Bill, altered the appointment processes for judicial tribunals, which was seen as an attempt to extend executive control over these institutions.
      • The Supreme Court has been involved in multiple such cases questioning the classification of certain bills as Money Bills. For instance, the Rojer Mathew case and the Aadhaar case (K. Puttaswamy case)
    • Finality of the Speaker’s Decision: The Lok Sabha Speaker’s decision to certify a bill as a Money Bill has been contested. The judiciary has debated whether this decision is final or subject to judicial review.

    Way forward: 

    • Need for strengthening Judicial Oversight: Establish clear guidelines and criteria for the classification of bills as Money Bills, ensuring they strictly adhere to the provisions outlined in Article 110 of the Constitution.
    • Requires the Reinforcement of Legislative Procedures: Enhance the role of the Rajya Sabha in the legislative process by ensuring that all significant amendments, especially those affecting governance structures or individual rights, undergo thorough scrutiny in both houses of Parliament.

    Mains PYQ: 

    Q The Indian Constitution has provisions for holding joint session 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)

  • On the Jurisdiction of the CBI         

    Why in the News? 

    The Supreme Court upheld the West Bengal government’s suit, which accuses the Union government of “Constitutional overreach” by using the Central Bureau of Investigation (CBI) to register and investigate cases in the state, despite the state’s withdrawal of general consent on November 16, 2018.

    Background

    • In November 2018, the West Bengal government withdrew its “general consent” that allowed the CBI to conduct investigations within the state.
    • However, the CBI continued to register FIRs and conduct investigations in West Bengal, leading the state government to file an original suit in the Supreme Court under Article 131 of the Constitution.
    • The suit accused the Union government of “constitutional overreach” by allowing the CBI to operate in West Bengal despite the withdrawal of general consent.

    Key highlights of the verdict: 

    • Solicitor-General Tushar Mehta argued the CBI’s independence from the Union government, but the Supreme Court pointed to the DSPE Act’s provisions.
    • It highlighted the Act’s requirement for Central government control over CBI’s establishment and administration, except for cases under the Prevention of Corruption Act, which the CVC oversees.

    Is the CBI an Independent Agency or Under Union Government Control?

    • The Supreme Court ruled that the Central Bureau of Investigation (CBI) is not entirely independent. 
      • The CBI is constituted, administered, and has its powers extended under the Delhi Special Police Establishment (DSPE) Act, 1946.
    • The central government exercises superintendence over the CBI, particularly for offenses other than those under the Prevention of Corruption Act, where the Central Vigilance Commission has superintendence.
      • Therefore, the Union government is vitally concerned with the CBI’s functions and operations.

    Does the CBI Need the State’s Permission to Carry Out Investigations in Its Territory?

    • The CBI derives its powers from the DSPE Act, of 1946.
      • According to Section 6 of this Act, the CBI requires the state government’s consent to extend its investigation beyond the Union Territories.
    • The Supreme Court has ruled that although the CBI is under the administrative control and superintendence of the Union government, this does not negate the requirement of state consent for investigations as per the DSPE Act.
    • There are two types of consent – General consent and Specific consent.
      • When a state gives general consent, the CBI does not need to seek permission for every case.
      • However, if the general consent is withdrawn, the CBI needs to seek specific case-by-case consent from the state.
    • Several opposition-ruled states have withdrawn their general consent for CBI investigations, which has hampered the CBI’s ability to freely investigate cases of corruption involving central government employees in those states.
      • The states that have withdrawn are- Mizoram, West Bengal, Andhra Pradesh, Chhattisgarh, and then states of Punjab, Maharashtra, Rajasthan, Kerala, and Jharkhand (2020).
      • Telangana, Tamil Nadu, and Meghalaya withdrew general consent in 2022.
    • However, the withdrawal of general consent does not affect pending CBI investigations or cases where a court has ordered a CBI probe. The CBI can also approach a local court to obtain a search warrant to conduct investigations in states that have withdrawn consent.

    Note: In total, 10 states have withdrawn general consent to the CBI as of 2022. This has significantly limited the CBI’s ability to freely investigate cases in these states without seeking prior permission.

    Way Forward: 

    • Strengthening Federal Cooperation: Establish a clear institutional framework that promotes cooperation and coordination between the central and state governments regarding CBI investigations.
    • Legal and Administrative Reforms: Consider amending the DSPE Act to provide more clarity on the roles and powers of the CBI and the requirements for state consent.

    Jurisdictional Overview and Federal Character:

    The CBI operates within the context of India’s federal structure, which grants states certain powers and autonomy. The need for state consent limits the CBI’s jurisdiction, as it cannot conduct investigations in states without their general consent.

    Powers and Jurisdiction of CBI

    • Offenses against Central Government Employees: The CBI has jurisdiction to investigate crimes committed against employees of the central government, such as bribery, corruption, or misconduct cases involving central government officials.
    • Interstate and International Cases: The CBI can investigate cases that have inter-state or international ramifications, including organized crime, terrorism, human trafficking, money laundering, and other offenses that require a nationwide or global perspective.
    • Specific Offences Listed in the Delhi Special Police Establishment Act: The CBI can investigate offenses specified in the Delhi Special Police Establishment Act, including offences under the Prevention of Corruption Act, crimes related to the violation of certain central laws, and cases referred to the CBI by the courts or the central government.

    Mains PYQ: 

    Q The jurisdiction of the Central Bureau of Investigation (CBI) regarding lodging an FIR and conducting probe within a particular State is being questioned by various States. However, the power of the States to withhold consent to the CBI is not absolute. Explain with special reference to the federal character of India. (UPSC IAS/2021)

  • The SC ruling on the portrayal of disability in films 

    Why in the News?

    On July 8, the Supreme Court issued guidelines against stereotyping and discriminating persons with disabilities in visual media, prompted by a plea to ban Aaankh Micholi.

    Background:

    • The Supreme Court’s guidelines came in response to a plea filed by activist Nipun Malhotra challenging the alleged insensitive portrayal of differently-abled individuals in the Film ‘Aaankh Micholi’.
    • The petitioner argued that the film contained derogatory references and stereotyping of persons with disabilities.

    Key Highlights of the Supreme Court Ruling:

    • Avoiding Derogatory Language: The court asked creators to avoid words like “cripple”, “spastic”, “afflicted”, “suffering”, and “victim” as they contribute to negative self-image and perpetuate discriminatory attitudes.
    • Accurate Representation: The court said stereotyping differently-abled persons in visual media and films must end, and creators should provide an accurate representation of disabilities rather than mocking or mythifying them.
    • Involvement of Persons with Disabilities: The court asked creators to practice the principle of “nothing about us, without us” and involve persons with disabilities in the creation and assessment of visual media content.
    • Training and Collaboration: The court emphasized the need for training programs for writers, directors, producers, and actors to sensitize them on the impact of portrayals on public perceptions.

    What are the laws which grant disability rights?   

    • Rights of Persons with Disabilities Act (RPwD Act), 2016: This is the primary legislation that comprehensively addresses the rights and entitlements of persons with disabilities in India. It replaced the earlier Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, of 1995.
    • The National Trust Act, 1999: It provides legal support to persons with autism, cerebral palsy, mental retardation, and multiple disabilities. It focuses on enabling guardianship and providing support to those who may not have guardians.
    • Rehabilitation Council of India Act, 1992: Regulates the training of rehabilitation professionals and promotes research in rehabilitation and special education.
    • Mental Healthcare Act, 2017: While primarily focusing on mental health issues, this Act also includes provisions related to the rights and treatment of persons with mental disabilities.

    Are the laws governing the ‘Rights of Differently-abled’ persons being implemented properly?  

    • Implementation Gaps: There are significant gaps between the provisions laid out in laws like the Rights of Persons with Disabilities (RPwD) Act, 2016, and their actual implementation on the ground. Many disabled persons continue to face barriers to accessing their entitlements and rights.
    • Awareness and Sensitization: There is a lack of awareness among the general public, as well as within government bodies and institutions, about the rights and needs of persons with disabilities.
    • Infrastructure and Accessibility: Despite legal mandates for accessibility in public places, transportation, and buildings, implementation remains uneven.
    • Employment Opportunities: While laws mandate employment quotas for persons with disabilities in government and private sectors, these quotas are often not met.

    What is the way forward?

    • Enhanced Monitoring and Accountability: Implement regular audits and monitoring mechanisms to ensure compliance with disability rights laws at all levels of governance and across sectors.
    • Need to Increase Awareness and Sensitization: Launch nationwide awareness campaigns targeting both the general public and stakeholders within government and private sectors to promote understanding of disability rights.

    Mains PYQ: 

    Q The Rights of Persons with Disabilities Act, 2016 remains only a legal document without intense sensitisation of government functionaries and citizens regarding disability. Comment. (UPSC IAS/2022)

  • [pib] Samvidhaan Hatya Diwas’ on 25th June Every Year

    Why in the News?

    The Government of India has decided to observe 25th June every year as ‘Samvidhaan Hatya Diwas.’ 

    National Emergency imposition in India

    • June 25, 2025, will mark fifty years since the imposition of the Emergency.
    • The Emergency lasted from June 25, 1975, to March 21, 1977.
    • It was characterized by the suspension of civil liberties, press freedom, mass arrests, the cancellation of elections, and rule by decree.

    What was the Emergency?

    • PM Indira Gandhi’s government used constitutional provisions to impose sweeping executive and legislative control.
    • Opposition leaders were jailed, and fundamental rights, including freedom of speech and expression, were curtailed, leading to press censorship.
    • The federal structure was effectively converted into a unitary one, with the Union controlling state governments.
    • Parliament extended its term, made laws on state subjects, and extended the Union’s executive powers to the states.

    Legal and Constitutional Sanction

    • Article 352 allowed the President to proclaim an emergency if India’s security was threatened by war, external aggression, or armed rebellion.
    • In 1975, “internal disturbance” was used as grounds for the Emergency, citing incitements against the police and armed forces.
    • This was the only instance of emergency due to “internal disturbance,” later removed by the 44th Amendment in 1978.
      • Article 358 suspended limitations on Article 19 (“Right to freedom”).
      • Article 359 allowed the President to suspend the right to court enforcement of rights during an emergency.

    Political and Social Circumstances: A Timeline 

    • In 1974, the Navnirman movement against corruption in Gujarat led to President’s Rule.
    • Inspired by Navnirman, a student movement in Bihar, led by Jayaprakash Narayan (JP), aimed to cleanse the country of corruption and misgovernance.
    • In May 1974, George Fernandes led a massive railway workers’ strike.
    • On June 5, 1974, JP called for “Sampoorna Kranti” (total revolution).
    • On June 12, 1975, Justice Jagmohanlal Sinha of the Allahabad High Court convicted Indira Gandhi of electoral malpractice.
    • On June 25, 1975, President Fakhruddin Ali Ahmed signed the Proclamation of Emergency, cutting power to major newspapers and informing the Cabinet the next morning.

    Impact on Opposition Leaders, Media, and Political Dissenters

    • Almost all opposition leaders, including JP, were detained under the Maintenance of Internal Security Act (MISA).
    • Newspapers faced pre-censorship, with UNI and PTI merged into a state-controlled agency, Samachar.
    • More than 250 journalists were jailed, and The Indian Express resisted by printing blank spaces when stories were censored.
    • Sanjay Gandhi’s “five-point programme” included forced family planning and slum clearance, leading to forced sterilizations and violent clashes.

    Sanjay Gandhi’s “Five-Point Programme”

    Sanjay Gandhi, the younger son of then PM, Mrs. Indira Gandhi had come forward with a programme to ‘improve’ the condition of the poor people.

    His programme can be divided under five Headings, i.e.

    1. Adult Education.
    2. To abolish Dowry.
    3. To Grow more trees.
    4. Family planning – only two children.
    5. Eradication of caste system.

    Legal Changes during the Emergency

    • With opposition leaders in jail, Parliament passed amendments barring judicial review of the Emergency and securing the Prime Minister’s election.
    • The 42nd Amendment expanded Union authority over states and gave Parliament unbridled power to amend the Constitution.
    • In ADM Jabalpur vs. Shivkant Shukla (1976), the Supreme Court ruled that detention without trial was legal during an emergency, with Justice H.R. Khanna dissenting.

    Lifting the Emergency and Aftermath

    • Indira Gandhi lifted the Emergency in early 1977, leading to her defeat in the elections.
    • The Janata Party emerged victorious, with Morarji Desai becoming India’s first non-Congress Prime Minister.
    • The Janata government reversed many constitutional changes from the 42nd Amendment, made judicial review of emergency proclamations possible, and removed “internal disturbance” as grounds for emergency imposition.

    PYQ:

    [2022] Which of the following is/are the exclusive power(s) of Lok Sabha?

    1. To ratify the declaration of Emergency
    2. To pass a motion of no-confidence against the Council of Ministers
    3. To impeach the President of India

    Select the correct answer using the code given below:

    (a) 1 and 2

    (b) 2 only

    (c) 1 and 3

    (d) 3 only

  • Muslim Women entitled to seek Alimony, says SC

    PC: Hindustan Times

    Why in the News?

    • The Supreme Court has ruled that a divorced Muslim woman is entitled to seek maintenance from her husband under Section 125 of the Criminal Procedure Code (CrPC).
      • The court asserted that any discrimination against Muslim women in matters of alimony under the secular laws of the country would be regressive and against gender justice, equality.

    Story so far:

    • The Supreme Court bench rejected the argument that Section 125 of the CrPC does not apply to Muslims because they have their own personal law.
    • The court ruled that the Muslim Women (Protection of Rights on Divorce) Act, 1986, does not override the secular law.

    Key Points of the Judgment

    • Legal Standing: “There cannot be the disparity in receiving maintenance on the basis of the law under which a woman is married or divorced.”
    • Application of Section 125: Justice Nagarathna emphasized, “Section 125 of the CrPC cannot be excluded from its application to a divorced Muslim woman irrespective of the law under which she is divorced.”
    • Role of the 1986 Act: The judgment underscored that rights granted under the 1986 Act to receive maintenance during ‘iddat’ are in addition to, not in derogation of, those under Section 125 of the CrPC.

    Muslim Women (Protection of Rights on Divorce) Act, 1986:

    Purpose:

    • To protect the rights of Muslim women who have been divorced by, or have obtained a divorce from, their husbands.
    • To provide for matters connected with or incidental to their divorce.

    Key Provisions:

    • Maintenance:
      • During Iddat Period: A Muslim woman is entitled to a reasonable and fair provision and maintenance from her husband during the iddat period (a waiting period after divorce).
      • Post-Iddat Maintenance: If she cannot maintain herself after the iddat period, she can claim maintenance from her relatives who would inherit her property on her death. If no relatives are available, the State Wakf Board is responsible for her maintenance.
    • Mehr (Dower): The woman is entitled to the payment of mehr (dower) that was agreed upon at the time of marriage.
    • Return of Property: The woman is entitled to all the properties given to her before or at the time of marriage or after the marriage by her relatives, friends, husband, or any other person.
    • Rights of Children: The Act also provides for the maintenance of children born out of the marriage until they reach the age of two years.
    • Application to Magistrate:
      • A divorced woman, or someone acting on her behalf, can apply to a Magistrate for an order under the Act.
      • The Magistrate has the authority to make orders for payment of maintenance, mehr, and return of property.

    Criticisms and Issues:

    • Limited Scope: Critics argue that the Act’s provisions are limited to the iddat period and do not ensure long-term maintenance.
    • Dependence on Relatives: Post-iddat maintenance depends on relatives, which might not always be practical or feasible.
    • Role of Wakf Board: The effectiveness of the Wakf Board in providing maintenance has been questioned due to administrative and financial constraints.
    • Violation of Right to Equality: The MWPRD Act has been criticized for creating discriminatory practices by limiting the maintenance period for Muslim women compared to women of other communities, thus violating the Right to Equality under Article 14 of the Constitution.

    Context and Historical Perspective:

    • Shah Bano Case (1985): The court referenced the landmark Shah Bano case, which affirmed Muslim women’s right to maintenance under Section 125 of the CrPC.
    • Danial Latifi Case (2001): It highlighted subsequent interpretations ensuring that the 1986 Act does not deprive Muslim women of rights under Section 125.
    • Rejection of Restrictions: The court rejected restrictive interpretations that could hinder gender justice and emphasized the importance of providing adequate maintenance, not minimal amounts, to destitute Muslim women.
    • Continuation of Section 144: The judgment noted that the Bharatiya Nagarik Suraksha Sanhita, 2023, which has replaced the CrPC, retains the older provision on alimony under Section 144.

    Section 125 of the Criminal Procedure Code (CrPC)

    Purpose:

    • Maintenance Orders: Section 125 of the CrPC provides for the maintenance of wives, children, and parents who are unable to maintain themselves.

    Key Provisions:

    • Eligible Persons:
      • Wife: Includes a divorced wife who has not remarried.
      • Legitimate and illegitimate minor children.
      • Adult children are unable to maintain themselves due to physical or mental abnormalities.
      • Parents: Includes both father and mother who are unable to maintain themselves.
    • Conditions:
      • The person liable to pay maintenance has sufficient means.
      • The person liable has neglected or refused to maintain the eligible person.
    • Order: The Magistrate can order a monthly allowance for the maintenance of the eligible person.
    • Maximum Amount: There is no fixed maximum amount; it is determined by the Magistrate based on the circumstances.

    Significance:

    • Social Justice: It aims to prevent vagrancy and destitution by ensuring that dependents are provided for.
    • Secular Applicability: It applies to all religions and is not specific to any particular religion.

    Implications and Legal Precedent

    • Equality under Law: The judgment reinforces the principle that Muslim women have the same legal recourse as women of other faiths under Section 125 of the CrPC.
    • Additional Remedies: It affirmed that provisions like the Muslim Women (Protection of Rights on Marriage) Act, 2019, do not exclude rights under Section 125.

     

    PYQ:

    [2020] Customs and traditions suppress reason leading to obscurantism. Do you agree?

    [2019] Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice?

    (a) Article 19
    (b) Article 21
    (c) Article 25
    (d) Article 29

  • [pib] National Commission for Minorities (NCM)

    Why in the News?

    The National Commission for Minorities (NCM) has advised State Governments/UTs to conduct “Sarv Dharma Meetings”.

    Advisory on “Sarv Dharma Meetings”

    • NCM advised State Governments/UTs to conduct “Sarv Dharma Meetings”:
    1. At Sub-divisional level of States monthly.
    2. At District level half-yearly.
    • It is aimed at curbing attacks and hate crimes against minority communities to prevent communal disharmony.
    • NCM emphasized that hate crimes stem from mental weakness and anger, highlighting citizens’ rights to practice and preach their religion freely.

    Responsibilities and Recommendations

    • Citizens and society urged to disown and condemn hate crimes.
    • Advocated for punitive actions by authorities against anti-social elements.
    • Proposed mechanisms involving civic society to deter anti-social and anti-national forces and prevent societal violence.

     

    About National Commission for Minorities (NCM)

    • It is a statutory body formed on the basis of National Commission for Minorities Act, 1992 and replaced an earlier body called Minorities Commission.
    • The Commission consists of a total of 7 persons to be nominated by the Central Government from amongst persons of eminence, ability and integrity.
    • It consists of a Chairperson, a Vice- Chairperson and 5 Members.
    • Each Member holds office for a period of 3 years from the date of assumption of office.

    Functions of NCM:

    1. Evaluate minority development progress.
    2. Monitor constitutional and legal safeguards.
    3. Recommend effective safeguard implementation.
    4. Address complaints regarding deprivation of rights.
    5. Conduct studies on discrimination and recommend measures.
    6. Research socio-economic and educational development.
    7. Suggest measures to Central or State Governments.
    8. Make periodical or special reports to the Central Government.
    9. Address any matter referred by the Central Government.

    Powers of NCM:

    1. Summon and enforce attendance of any person from India.
    2. Require discovery and production of documents.
    3. Receive evidence on affidavit.
    4. Requisition public records from courts or offices.
    5. Issue commissions for examining witnesses and documents.

    Who are Minorities?

    • The Central has notified minority communities at the national level in consultation with various stakeholders under Section 2 (c) of the National Commission for Minorities (NCM), Act, 1992.
    • The six communities notified as minority communities under Section 2(c) of the NCM Act are Christians, Sikhs, Muslims, Buddhists, Parsis, and Jains.
      • Jains were notified as minority community in January 2014.
    • Notification of any community-specific to a State as a minority community within a State comes under the purview of the respective State.

    Total Minority Population in India as per 2011 Census: 

    19.3% of the total population (Muslims: 14.2%; Christians: 2.3%; Sikhs: 1.7%; Buddhists: 0.7%; Jains: 0.4%; Parsis: 0.006%)

    Rights & Safeguards for Minorities:

    Under Fundamental Rights (Part III of the Indian Constitution):

    1. Article 29(1): Right to conserve distinct language, script, or culture.
    2. Article 30(1): Right to establish and administer educational institutions.
    3. Article 30(2): Freedom from discrimination in receiving state aid.

    Under Official Language (Part XVII of the Indian Constitution):

    1. Article 347: Rights for language spoken by any section of the population.
    2. Article 350A: Instruction in mother tongue.
    3. Article 350B: Special officer for linguistic minorities.

    Sachar Committee Report (2006):

    Constitution Date: 9 March 2005

    Key Recommendations:

    • Create a National Data Bank (NDB) for socio-religious data.
    • Establish an Equal Opportunity Commission.
    • Provide incentives for a ‘diversity index.’
    • Ensure high-quality education for children aged 0-14.
    • Set up government schools in Muslim-concentrated areas.
    • Increase Muslim employment share in public-facing jobs.
    • Enact state laws for minority representation.
    • Support initiatives in Muslim-concentrated occupations.
    • Improve minority participation in commercial banks.
    • Focus on inclusive development while respecting diversity.

     

    PYQ:

    [2011] In India, if a religious sect/community is given the status of a national minority, what special advantages it is entitled to?

    1. It can establish and administer exclusive educational institutions.
    2. The President of India automatically nominates a representative of the community to Lok Sabha.
    3. It can derive benefits from the Prime Minister’s 15-Point Programme.

    Which of the statements given above is/are correct?

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

  • On expunction powers in Parliament   

    Why in the News? 

    The 18th Lok Sabha’s special session featured intense debates on the ‘Motion of Thanks’ to the President’s address, culminating in disputes over expunged remarks by Opposition leaders.

    What are expunged remarks?

    Expunged remarks in Parliament refer to the words deemed defamatory, indecent, or unparliamentary by the presiding officer and are deleted from the official record.

    What is a ‘Motion of Thanks’?

    • A Motion of Thanks is moved in the Lok Sabha and the Rajya Sabha after the President’s address (Article 87) by an MP of the ruling party, following which it is debated in both the Houses.
    • It is a customary practice, adopted from the British Parliament. The Indian Constitution does not provide for any such motion, except direction that each House shall discuss the matters contained in the address.
    • In most cases, three days are set aside for a discussion of the Motion of Thanks and the members are at liberty to speak on any matter of national or international importance and other issues.

    Why did the Opposition engage in a war of words with the government over expunging certain remarks?

    • The expunging of critical remarks escalated tensions between the Opposition and the government, leading to a verbal clash during the parliamentary session.
    • There were concerns about transparency in the expunction process, with accusations of biased decisions by the presiding officers.
      • The opposition alleged that there were different standards for expunging remarks made by their leaders compared to those made by ruling party members.
      • Opposition members argued that their remarks critical of the Prime Minister and the ruling party were unfairly expunged, infringing on their Parliamentary Privilege of Free speech.

    What is the process for ‘expunging remarks’ in Parliament?

    • Presiding Officer’s Discretion: Under Rule 261 in Rajya Sabha and Rules 380 and 381 in Lok Sabha, the Chairman or Speaker can order expunction if words are deemed defamatory, indecent, unparliamentary, or undignified.
      • If objectionable words are used, the Chair may request their withdrawal; if not complied with, the words are expunged immediately.
    • Recording Changes: Expunged portions are marked with asterisks and a footnote explaining that they were expunged as ordered by the Chair.
    • Publication Restrictions: Media are provided with a list of expunged words/phrases and are prohibited from publishing them to avoid a breach of parliamentary privilege.

    Can a member of the Lok Sabha direct a remark against a Minister?

    • Parliamentary Privilege: Members of Parliament (MPs) have the privilege of ‘Freedom of Speech and Expression’ within the House.
      • This includes the right to question the conduct, policies, or actions of Ministers during parliamentary debates without fear of legal repercussions.
    • Procedural Requirements: According to parliamentary rules (Rule 353 in Lok Sabha), if an MP wishes to make an allegation against a Minister, they are required to provide advance notice.
      • This notice allows the Minister in question to prepare a response or provide facts to address the allegation during the debate.
    • Government Accountability: MPs play a crucial role in holding the government accountable to Parliament and the public. Allegations made against Ministers are part of this oversight function, ensuring transparency and accountability in governance.
      • However, these allegations must be made in adherence to parliamentary decorum and procedural rules to maintain fairness and order in debates.

    What do the various rules state?

    • Rajya Sabha (Rule 261): Allows the Chairman to expunge defamatory, indecent, unparliamentary, or undignified words from proceedings.
    • Lok Sabha (Rules 380 and 381): Similar provisions for the Speaker to expunge objectionable remarks from parliamentary records.
    • Scope of Expunction: Rules also cover situations where remarks are detrimental to the national interest, offensive to dignitaries, or likely to affect religious or communal sensitivities.
    • Digital Age Challenges: Despite expunction, digital recordings and social media can perpetuate expunged remarks, challenging the effectiveness of traditional expunction practices.

    Way forward: 

    • Enhanced Monitoring and Control: Implement advanced monitoring tools that can detect and automatically blur or mute expunged remarks in live broadcasts and recordings of parliamentary proceedings. This can help prevent the inadvertent spread of expunged content on digital platforms.
    • Public Awareness and Education: Encourage responsible reporting and sharing practices to uphold the integrity of expunctions in parliamentary records.

    Mains PYQ: 

    Q ‘Once a Speaker, Always a Speaker’! Do you think this practice should be adopted to impart objectivity to the office of the Speaker of Lok Sabha? What could be its implications for the robust functioning of parliamentary business in India? (UPSC IAS/2020)

     

  • Amidst politicians’ new reverence for the Constitution, one thing to remember 

    Why in the news? 

    Voters have cleverly embraced the idea of constitutional principles to protect their freedoms. It’s now everyone’s responsibility, including elected officials, citizens, and the judiciary, to ensure that there’s no overreach.

    Constitutional Provisions:

    • Article 99: Mandates that every member of Parliament must take an oath or affirmation to uphold the Constitution.
    • Third Schedule: Specifies the form of oath or affirmation that members of Parliament, judges of the Supreme Court, and High Courts must take.
    • Part III (Fundamental Rights): Guarantees civil liberties, such as the rights to equality, freedom of speech, and right to life.
    • Part IV (Directive Principles of State Policy): Provides guidelines for governance, directing the state in certain policy matters for the welfare of citizens.

    Basic Structure and Foundational Principles:

    • Kesavananda Bharati Case (1973): Established the doctrine that certain features of the Constitution are beyond the amending power of Parliament if they violate its “Basic Structure”, ensuring that fundamental principles like democracy, secularism, judicial review, and federalism cannot be altered.
    • Foundational Principles: Include the rule of law, separation of powers, judicial independence, and protection of fundamental rights.

    Basic Structure and foundational principles should never be allowed to be eclipsed                                     

    • Protection of Fundamental Rights: The Basic Structure doctrine protects fundamental rights and core principles like democracy, secularism, judicial independence, and federalism in India.
    • Preservation of Constitutional Balance: Eclipsing the Basic Structure and foundational principles could upset the delicate balance of powers among the legislature, executive, and judiciary. These principles ensure that no single branch of government becomes disproportionately powerful, thereby maintaining the checks and balances essential for democratic governance.
    • Upholding the Rule of Law: The Basic Structure doctrine reinforces the supremacy of the Constitution as the supreme law of the land. By preventing its core principles from being undermined or diluted through constitutional amendments or legislative actions, it ensures that all state actions, including laws passed by Parliament, are consistent with constitutional norms and the rule of law.

    Significance of “Judicial Overreach”:

    • Protection of Rights: Judicial overreach often arises when courts intervene to protect fundamental rights guaranteed by the Constitution, especially when legislative or executive actions are perceived to violate these rights.
    • Checks and Balances: It serves as a crucial check on the powers of the legislature and executive, ensuring that their actions conform to constitutional principles and do not exceed their authority.
    • Defending the Constitution: Courts may intervene to uphold the supremacy of the Constitution, ensuring that laws and actions comply with its provisions, including the Basic Structure doctrine established in the Kesavananda Bharati case.

    Criticisms of judicial overreach:

    • Interference with the Separation of Powers: Critics argue that judicial overreach interferes with the constitutional principle of separation of powers.
    • Lack of Accountability: Another criticism of judicial overreach is that the judiciary is not accountable to the people in the same way that elected representatives are. Because Judges are appointed, not elected 
    • Dilution of Democracy: Some critics argue that judicial overreach can undermine the democratic process by taking important decisions out of the hands of elected officials and placing them in the hands of judges.  

    Mains PYQ: 

    Q What was held in the Coelho case? In this context, can you say that judicial review is of key importance amongst the basic features of the Constitution? (UPSC IAS/2016)

  • [3rd July 2024] Great expectations, liberalism in dark times

     

    PYQ Relevance:

    Mains: 

    Q. In the context of the neo-liberal paradigm of development planning, multi-level planning is expected to make operations cost-effective and remove many implementation blockages.” Discuss. (UPSC IAS/2019)

    Q. ‘Whether National Commission for Scheduled Castes (NCSC) can enforce the implementation of constitutional reservation for the Scheduled Castes in the religious minority institutions? Examine. 

     (UPSC IAS/2018)

    Note4Students: 

    Prelims: Definition of Liberalism;

    Mains: Challenges to liberalism;

    Mentor comment: Politics, like philosophy, aims to reconcile diversity, where contradictions converge in a multicultural society. Understanding this harmony reflects an idealistic state that prioritizes coexistence and universal welfare. However, global democratic history reveals ongoing challenges to liberalism, which safeguards against authoritarianism and protects civil rights. Amid rising sectarianism, the fundamental question persists: Who deserves basic rights? This issue underscores civil discrimination, racial politics, and xenophobia, exacerbated by the rise of right-wing nationalism and global migration dynamics.

    Let’s learn.

    –

    Why in the News?

    There remains a glimmer of hope in the resilience of democratic forces, which can effectively counteract and uproot any divisive political aberration when the time is ripe.

    What is Liberalism?

    • Liberalism is a political and philosophical ideology that emphasizes individual rights, liberty, equality under the law, and limited government intervention in personal and economic affairs. It advocates for freedoms such as freedom of speech, press, religion, and assembly, and supports democratic processes, rule of law, and protection of civil liberties. Liberalism typically promotes social progress through tolerance, pluralism, and a commitment to human rights and justice.

     

     Electoral outcomes

    • Shift in Public Opinion: There is a noticeable shift towards conservative and right-wing ideologies, marked by sentiments such as climate scepticism, anti-migration views, and nationalism. This trend was reflected in recent elections both in Europe and India.
    • Voter Response: Despite expectations favouring right-wing outcomes, the electorate, particularly in India, was surprised with a strong rejection of what was perceived as authoritarianism and communalism. This indicates a robust defense of democratic values and fundamental rights.
    • Impact on Minority Communities: The election results have been seen as a reassurance to minority communities, particularly Muslims, who felt marginalized and insecure due to perceived policies of exclusion and communal tension.
    • Democratic Fortitude: The outcome is portrayed as a reaffirmation of democracy’s strength in allowing for checks and balances against oppressive regimes and divisive politics.
    • Hope for Robust Opposition: There is optimism about the emergence of a strong opposition capable of holding the government accountable, promoting debate, and safeguarding diverse civil society interests.
    • Challenges and Aspirations: The electorate expects rational governance, justice, and responsiveness to marginalized groups’ issues such as poverty, unemployment, and hunger.
    • Ethical Governance: Emphasis is placed on governance that respects human rights universally, avoiding discrimination or exclusion based on ethnicity, religion, or political affiliation.

    Verdict and the Advent of Hope

    • Challenge to Democracy: The passage highlights a global erosion of democratic values, with right-wing governments accused of manipulating truth and resorting to oppressive tactics to maintain power.
    • Call for Tempered Liberalism: There’s a plea for ruling dispensations to embrace a more moderate form of liberalism, abandoning illiberal practices that undermine democratic norms and freedoms.
    • Role of Opposition: Expectations are set on opposition alliances to uphold principles of humility, pluralism, and modesty, providing a counterbalance to dominant political forces.
    • Philosophical Reflection: The outcome of elections prompts reflection on political astuteness and statesmanship, essential for navigating the trajectory of democracy amidst global challenges.
    • Natural vs Civil Order: Drawing from Spinoza, the clash between natural self-interest and civil responsibility underscores the necessity of societal order governed by law and morality to prevent chaos and uphold rights.
    • Hope and Scepticism: The Indian electoral outcome reflects a dual sentiment of hope and scepticism, shaping the future direction of democracy and fostering philosophical introspection.

    Challenges to liberalism:

    • Rise of Right-Wing Sentiment: There is a global trend towards right-wing ideologies, marked by climate scepticism, anti-migration sentiment, and nationalist fervour, posing challenges to liberal values and policies.
    • Authoritarianism and Communalism: The resurgence of authoritarianism and communal politics threatens democratic principles and societal harmony, particularly impacting marginalized communities like Muslims.
    • Hope and Despair: The electorate’s response reflects a mix of hope and despair, with optimism placed in a robust opposition and democratic institutions to safeguard fundamental rights and uphold civil society diversity.
    • Balancing Public and Private: The need for a nuanced approach in reconciling private religious beliefs with public, politicized lifestyles without diminishing individual rights is crucial for fostering a tolerant society.

    Way forward: 

    • Policy Reforms: Implement inclusive policies that address economic disparities, social inequalities, and regional disparities effectively. This includes measures to tackle poverty, unemployment, and hunger through targeted welfare programs.
    • Social Integration: Foster initiatives that promote social cohesion and integration across diverse communities. Encourage dialogue and understanding among different cultural and religious groups to mitigate communal tensions.
    • Democratic Checks and Balances: Enhance the autonomy and effectiveness of democratic institutions such as the judiciary, election commissions, and anti-corruption bodies. Ensure they operate independently and transparently to uphold democratic principles.
    • Dialogue and Consensus-Building: Foster inclusive decision-making processes that involve stakeholders from diverse backgrounds. Encourage political parties to engage in constructive dialogue and seek consensus on key policy issues.

  • New criminal laws in effect; amendments soon

    bns

    Why in the news? 

    Despite objections from the Opposition-ruled States, three new criminal laws took effect nationwide. Union officials emphasized States’ autonomy to amend certain provisions of the Bharatiya Nagrik Suraksha Sanhita (BNSS)

    New Laws Introduced:

    • Bharatiya Nagrik Suraksha Sanhita (BNSS) replaces the Code of Criminal Procedure (CrPC).
    • Bharatiya Nyaya Sanhita (BNS) replaces the Indian Penal Code, 1860.
    • Bharatiya Sakshya (BS) replaces the Indian Evidence Act, 1872.

    Procedural and Evidence Reforms:

    • Cognisable Offences: From July 1, cognisable offences will be registered under Section 173 of BNSS instead of Section 154 of CrPC.
    • Audio-Video Recording: Mandatory audio-video recording of search and seizure operations and compulsory forensic examinations for offences with punishments of seven years or more, with electronic submission of evidence to the court.

    Some provisions of the Bharatiya Nagrik Suraksha Sanhita (BNSS) that replace the Code of Criminal Procedure (Cr.PC.)

    • Procedure for Arrest and Custody: BNSS prescribes new procedures and conditions for arrest, including bail provisions and custody arrangements.
    • Evidence Handling: Mandatory audio-video recording of search and seizure operations in all criminal cases, ensuring transparency and accountability. Compulsory forensic examinations in cases where the offence attracts a punishment of seven years or more.
    • Electronic Submission: All recordings and forensic evidence must be submitted electronically to the court without delay, enhancing efficiency and reducing paperwork.

    About handholding and electronic evidence

    • Training and Support: The Union government has provided comprehensive training and hand-holding for all States to facilitate the transition to the new criminal justice system under BNSS, BNS, and BS.
    • Crime and Criminal Tracking Network Systems (CCTNS): Upgrades to CCTNS enable the filing of e-FIRs and zero FIRs, allowing for remote registration of complaints without the need to visit a police station. CCTNS software has been modified to support FIR registrations in languages other than English and Hindi, ensuring accessibility across linguistic barriers.
    • eSakshya Mobile Application: Under testing, the eSakshya app assists police in recording crime scenes, search operations, and gathering evidence. It facilitates the secure uploading of recorded data to a cloud-based platform hosted by the National Informatics Centre, ensuring data integrity and accessibility.
    • State-Level Preparations: States like Delhi have developed specific applications, such as e-pramaan, to aid in the recording of crime scenes and the generation of digital certificates under the new laws. Some states have distributed necessary equipment like tablets and mobile devices to police stations to ensure compliance with recording and evidence collection requirements.
    • Forensic Capability Timeline: While the BNSS mandates forensic examinations for offences punishable by over seven years imprisonment, states have been given until June 2029 to enhance their forensic capabilities. This includes training police officials in proper evidence collection methods and the use of available resources until full upgrades are completed.

    Way Forward: 

    • Continued Collaboration and Feedback Mechanism: Establish a structured feedback mechanism between the Union government and States to address implementation challenges and refine the new criminal laws, ensuring effective collaboration.
    • Enhanced Public Awareness and Training: Conduct extensive public awareness campaigns and provide ongoing training sessions for law enforcement personnel on the use of new technologies and procedures introduced under BNSS, BNS, and BS.