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Subject: Polity

  • No Legal Mandate to share Voter Turnout Data: ECI to Supreme Court

    Why in the News?

    The Election Commission of India (ECI) told the Supreme Court that there is no legal mandate to provide Form 17C (account of votes recorded) to any other person other than the candidate or his agent.

    What does Article 329(b) say?

    • It specifically bars courts from intervening in any disputes related to the electoral process during the active phase of an election—from its notification to the final declaration of results.
    • This is to prevent any potential delays or disruptions caused by litigation during the election.

    About Forms 17A and 17C  

    As per the Conduct of Elections Rules, 1961, there are two forms that have data on the number of electors and voters — Forms 17A and 17C.

    1. Form 17A: This document, compiled by the Returning Officer for each constituency, lists contesting candidates and registers voter information, including names and symbols.
    2. Form 17C: Form 17C contains the account of votes recorded at each polling station during the election. It is prepared by the Presiding Officer of the polling station after the conclusion of polling. It includes:
    • EVM identification numbers.
    • Total number of electors and voters at the polling station.
    • Number of voters who did not record their votes after signing the register.
    • Number of voters not allowed to vote.
    • Total number of votes recorded per EVM.
    • Part-II of Form 17C: It carries counting results entered on counting day. This form is crucial for any legal challenges to the election results and for candidates to verify results on counting day.

    Why is there a Demand to Make Form 17C Data Public?

    • Activists advocate for greater transparency in election processes.
    • The high number of polling stations makes it hard for candidates to compile all data.
    • The Election Commission of India (ECI) is not legally required to publish aggregate voter turnout data.
    • The ECI ensures that all statutory requirements, including providing Form 17C to candidates, are met.
    • Discrepancies noted in Form 17C can be contested to maintain election integrity.

    Back2Basics: Conduct of Election Rules, 1961

    • The Conduct of Election Rules, 1961, commonly referred to as the 1961 Rules, outline the procedural framework governing various aspects of the electoral process in India.
    • These rules were formulated under the authority of the Representation of the People Act, 1951.
    • It serves as the foundational legislation for conducting elections in the country.
      • Activities covered: Preparation of electoral rolls, the nomination of candidates, the conduct of polling, counting of votes, and the declaration of results.
    • Regulatory Function: The 1961 Rules incorporate provisions for addressing electoral malpractices, disputes, and grievances, thereby safeguarding the sanctity of elections.

     

    PYQ:

    [2017] For election to the Lok Sabha, a nomination paper can be filed by

    (a) Anyone residing in India.

    (b) A resident of the constituency from which the election is to be contested.

    (c) Any citizen of India whose name appears in the electoral roll of a constituency.

    (d) Any citizen of India.

  • [21 May 2024] The Hindu Op-ed: Critical times call for strong judicial adjudication

    PYQ Relevance:Mains: 

    Mains: 
    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 CSE 2016)

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

    Prelims:

    In India, Judicial Review implies (UPSC IAS/2017):
    (a) the power of the Judiciary to pronounce upon the constitutionality of laws and executive orders.
    (b) the power of the Judiciary to question the wisdom of the laws enacted by the Legislatures.
    (c) the power of the Judiciary to review all the legislative enactments before they are assented to by the President.
    (d) the power of the Judiciary to review its own judgements given earlier in similar or different cases.

    Note4Students: 

    Prelims:  Judicial Review;

    Mains: Judicial Review and Judicial Activism;

    Mentor comment: The Indian constituent assembly adopted judicial review to ensure the effective functioning of the constitutional democracy in India. Judicial review allows the judiciary to protect the fundamental rights of citizens enshrined in the Constitution. It serves as a mechanism to ensure that laws and actions of the government do not violate these rights. It also ensures the successful operation of constitutional democracy in India. It allows for the protection of democratic principles, the separation of powers, and the independence of the judiciary.

    Let’s learn.

    –

    Why in the News?

    Concerns have arisen due to the ambiguity in the CAA Rules regarding the status of applicants denied citizenship, raising fears of detention center placements.

    • Petitioners have expressed worries about dual citizenship for foreign applicants, potentially leading to citizenship uncertainty and conflicting with the Parent Act.
    Background:
    The Supreme Court of India will assess the constitutionality of the Citizenship (Amendment) Act (CAA) and its associated rules shortly.
    Constitutional courts rarely intervene to invalidate legislation, presuming laws passed by Parliament are valid unless proven to violate constitutional provisions.

    The lack of interdiction in the Judiciary:

    • Manish Kumar vs Union Of India, 2021: The Legislation is generally assumed to be free of malice. The Supreme Court said that there can be no estoppel against the Legislature, and the concept of transferred malice is alien in the field of legislation
    • Gurudevdatta Maryadit and Ors. vs State Of Maharashtra and Ors (2001): The Supreme Court, in this case, has stated that legislative malice falls outside the jurisdiction of law courts. It also held that it is not appropriate to attribute malice to the legislative process.
    • Case of Anoop Baranwal vs Union of India (2023): This case called for an independent body to select the Election Commission of India (ECI) to avoid executive dominance.
      • The Chief Election Commissioner and other Election Commissioners Act, 2023 reinstated the Prime Minister’s Committee’s role in ECI appointments.
    • Jaya Thakur vs Union of India (2024) challenged the Act, highlighting its unconstitutional nature threatening democratic foundations.
      • The Court’s refusal to prevent the Act’s implementation based on presumed validity raises concerns about safeguarding democracy and free elections.

    Impacts of Lack of Interdiction in Critical Times:

    • Conventional wisdom falls short in addressing challenges posed by populist regimes using motivated legislation.
    • Obsolete presumptions of law validity hinder constitutional courts from playing a counter-majoritarian role effectively.
    • Impact of Political Statements: Legislation reflects political ideologies, especially in regimes undermining constitutional democracy. Judicial reluctance to interdict laws based on presumed validity can lead to irreversible consequences, as seen in cases like demonetization and the dilution of Kashmir’s special status.

    Way Forward:

    • Strengthen Judicial Review: Judicial review should be strengthened to effectively check legislative actions that manipulate Electoral processes or undermine Constitutional Democracy.
      • Courts need to adopt a more assertive approach in critical times to fulfill their counter-majoritarian role.
    • Prioritize Urgent Cases: Urgent cases challenging unconstitutional laws should be prioritized to prevent irreversible consequences. Delays in deciding such cases can make the litigation almost a fait accompli, as seen in the dilution of Kashmir’s special status.
    • Ensure Effective Implementation of Judgments: Courts should ensure the effective implementation of their judgments by preventing the legislature from overriding them through motivated legislation. 
    • Enhance Judicial Infrastructure: Improving judicial infrastructure, such as increasing the number of judges and courts, can help expedite the hearing of urgent cases. Adequate resources and efficient case management systems are crucial for the timely delivery of justice.
    BACK2BASICS:

    What is Judicial Review?

    The term “judicial review” refers to the power of the courts to examine the actions of the legislative, executive, and administrative branches of government to determine if they are consistent with the Constitution.

    Article 372 (1) establishes the judicial review of the pre-constitution legislation. 

    Article 13 declares that any law which contravenes any of the provisions of the part of Fundamental Rights shall be void.
    The primary purpose is to uphold the rule of law and protect the Constitution by striking down unconstitutional laws or actions. It is based on the Constitution and existing legal precedents.

    What is Judicial Activism?

    Judicial activism occurs when judges take an active role in shaping policies by broadly interpreting the Constitution and laws to achieve what they consider just outcomes.
    According to Articles 32 and 226 of the Indian Constitution, the higher judiciary has the power to consider any legislative, executive, or administrative action as unconstitutional and void if it does so.
    Judicial activism often involves mechanisms like suo-moto cases and public interest litigation that have no explicit constitutional backing.

  • Why the Supreme Court allowed a review of its 2022 judgment on ‘Shamlat deh’ land rights

    Why in the News?

    To protect the rights of village landowners in Haryana, the Supreme Court has permitted a review of a 2022 judgment by Justices Hemant Gupta and V Ramasubramanian that allowed gram panchayats to acquire ‘shamlat deh’ land.

    Context:

    What is ‘Shamlat deh’?

    • It refers to common land in the village, formed by multiple landowners each contributing an equal portion of their holdings to serve the “common purposes” of the village community. It is kept aside for common use in villages, as part of the Punjab Land Revenue Act of 1887.
    • Article 31A was inserted by the First Amendment Act of 1951 in the Indian Constitution. It aimed to protect laws related to agrarian reforms and the acquisition of estates.
    • According to the Supreme Court (April 2022), such land should be utilized by panchayats only for the needs of villagers. No part of the land can be re-partitioned amongst the proprietors, and such land would not be available for sale.
    • A Bench of Justices B R Gavai and Sandeep Mehta reopened the challenge to the 1992 amendment on May 17, 2024, after observing that the 2022 decision disregarded an important and relevant Constitution Bench decision in the case of Bhagat Ram vs State of Punjab (1967).

    Bhagat Ram: Clarifying the Meaning of Land Acquisition under Article 31A:

    • In 1967, a five-judge Bench reviewed a land consolidation scheme for the village of Dolike Sunderpur that reserved lands for common purposes and diverted the income to the panchayat.
      • Landowners’ Argument: The scheme violated the second provision of Article 31A, which prevents acquiring land below the ceiling limit without compensation at market value.
      • State’s Argument: The reservation for the panchayat was not land acquisition since the income would benefit the village.
    • Ajit Singh v State of Punjab (1967): Distinguished land acquisition from modification or extinguishment of land rights.
    • SC Decision: The panchayat was effectively acquiring land by reserving its income, making the state the beneficiary. The court ruled that the second provision of Article 31A applied. Punjab argued the acquisition predated the 17th amendment, but the SC noted the scheme’s implementation was stayed, hence possession and control had not been transferred.

    Does Shamlat Land Belong to the Landowners or the Panchayat?

    • In 2003, the Punjab and Haryana High Court reviewed a challenge to the 1992 amendment to the Punjab Act that vested control of ‘shamlat deh’ land in Haryana with the gram panchayat.
    • Petitioners’ Argument: The Landowners however argued that the amendment did not allow panchayats to control the land for common purposes without compensation, violating Article 31A.
    • High Court Decision: The court distinguished between land reserved for common purposes under the Consolidation Act (vested with the gram panchayat) and land contributed by proprietors but not reserved under the consolidation scheme (which could not vest with the panchayat without compensation).
      • The decision relied on the SC’s Bhagat Ram ruling that acquiring land without compensation violates the second proviso of Article 31A.

    SC Allows Review of 2022 Judgment:

    • The 2022 Supreme Court decision by Justices Gupta and Ramasubramanian overruled the 2003 High Court decision, finding no need for compensation as Article 31 had been omitted. The court ruled that the panchayat merely managed the land on behalf of landholders and that control was vested in the panchayat upon assignment.
    • Karnail Singh Review: Justices Gavai and Mehta reopened the challenge, noting the 2022 decision’s cursory reference to Bhagat Ram without addressing why the High Court’s reliance on it was wrong.
      • The court found that ignoring a Constitution Bench decision was a manifest error, justifying a review.
    • Recalled the 2022 SC decision: The 2022 decision was recalled, and the challenge to the 2003 High Court decision was set to be reheard, starting on August 7, 2024.

    Way Forward:

    • Need Comprehensive Judicial Reviews: Conduct detailed reviews of prior relevant judgments to provide clear, well-founded reasoning in court decisions.
    • Need Clear Compensation Guidelines: Establish explicit guidelines for compensation in land acquisition cases, particularly those involving common land like ‘shamlat deh’, to protect landowners’ rights.

    Mains PYQ:

    Q The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has come into effect from Ist January 2014. What are the key issues which would get addressed with the Act in place? What implications would it have on industrialization and agriculture in India? (UPSC IAS/2014)

  • Can parties be de-recognized or de-registered? | Explained

    Why in the News?

    The ECI urges star campaigners to uphold societal harmony, sparking debate on its efficacy in curbing MCC violations and enforcing norms.

    Criteria for Registration of Political Parties:

    • Section 29A of the Representation of the People Act, 1951 (RP Act) outlines the criteria for registering a political party with the Election Commission of India (ECI).
    • Any party seeking registration must submit a copy of its memorandum or constitution. This document must declare that the party will faithfully adhere to the Constitution of India.
    • Additionally, it must commit to the principles of socialism, secularism, and democracy, and uphold the sovereignty, unity, and integrity of India.

    How are political parties registered in India?   

    • A political party recognized as a ‘National’ or ‘state’ party under the Election Symbols (Reservation and Allotment) Order, 1968 (Symbols Order) by the Election Commission of India (ECI) is referred to as a Recognized Political Party (RPP).
    • Recognition as a ‘National’ or ‘state’ political party is contingent upon meeting specific criteria, such as winning a requisite number of seats or obtaining a required percentage of votes in a general election to the Lok Sabha or State Assembly.
    • Currently, there are 6 National political parties and 61 state political parties that have been granted recognition. Recognized parties benefit from additional privileges, including the reservation of a symbol during elections and the designation of forty ‘star campaigners’.
    • Registered political parties enjoy the following legal benefits:
      • Tax exemption for donations received under Section 13A of the Income Tax Act, 1961.
      • Common symbol for contesting general elections to the Lok Sabha/State Assemblies
      • Twenty ‘star campaigners’ during the election campaign. As per the ECI, there are 2,790 active registered political parties in India.

    What are the issues related Criteria for Deregistration?

    • Misuse of Privileges: Non-contesting RUPPs raise concerns about potential misuse of benefits like income tax exemption and donations for purposes such as money laundering.
    • Absence of De-registration Powers: The Representation of the People Act (RP Act) does not explicitly empower the Election Commission of India (ECI) to de-register political parties for failure to contest elections, conduct inner-party elections, or submit required returns.
    • Legal Limitations: The Supreme Court ruling in “Indian National Congress versus Institute of Social Welfare & Ors (2002)” affirmed that the ECI lacks the authority to de-register political parties under the RP Act, except under extraordinary circumstances such as fraudulent registration or cessation of allegiance to the Constitution.
    • Violations of Model Code of Conduct (MCC): Recognised political parties have been found guilty of breaching the MCC, which prohibits the exploitation of caste and communal sentiments for electoral gain, as well as voter bribery and intimidation.

    What needs to be done? (Way Forward)

    • The Election Commission of India (ECI) has proposed amendments to the law in its 2016 memorandum for electoral reforms, aiming to grant the ECI the authority to deregister political parties.
    • The Law Commission’s 255th report on ‘Electoral reforms’ in 2015 also advocated for amendments allowing the de-registration of a political party if it abstains from contesting elections for 10 consecutive years. These recommendations should be put into effect.
    • Paragraph 16A of the Symbols order grants the ECI the power to suspend or revoke the recognition of a recognized political party if it fails to adhere to the Model Code of Conduct (MCC) or comply with lawful directives from the Commission.
    • Although this provision has been utilized only once, as seen in the temporary suspension of the National People’s Party’s recognition in 2015 for non-compliance with ECI directives, stricter enforcement of this measure would foster adherence to the MCC.

    Mains PYQ:

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

  • Supreme Court lays out 7 Sub-Rights of Right to Property

    Why in the news?

    The Supreme Court’s ruling safeguards landowners from arbitrary government acquisition, emphasizing adherence to Article 300A, ensuring the constitutional right to property and sub-rights compliance.

    Procedural Sub-Rights under Right to Property

    These seven rights are foundational components of a law that is in tune with Article 300A, and the absence of one of these or some of them would render the law susceptible to challenge:

    1. Right to Notice: Individuals must be informed about the intention to acquire their property.
    2. Right to Be Heard: Affected individuals have the right to voice objections.
    3. Right to a Reasoned Decision: The government must justify the acquisition with a reasoned decision.
    4. Public Purpose Justification: Acquisitions must serve a demonstrable public purpose.
    5. Right of Restitution or Fair Compensation: Landowners are entitled to fair compensation for their property.
    6. Right to An Efficient and Expeditious Process: Acquisition procedures should be efficient and adhere to set timelines.
    7. Right of Conclusion: The process concludes with the physical transfer of property; failure to take possession renders the acquisition incomplete.

    Back2Basics: Right to Property in India

    • The Right to Property was initially a fundamental right under the Constitution of India, included in Part III (Articles 19 and 31).
    • Through the 44th Amendment Act of 1978, this right was removed from the list of fundamental rights. It was reclassified as a constitutional right under Article 300A.

    About Article 300A:

    • Article 300A was introduced to the Constitution, stating that “No person shall be deprived of his property save by authority of law.”
    • Legal Framework: This implies that the government can still acquire private property, but this acquisition must be done through a law that justifies the acquisition and provides for fair compensation to the affected parties.

    Current Legal Status

    • Not a Fundamental Right: The Right to Property is no longer a fundamental right, which means it cannot be directly enforced through the Supreme Court or High Court under Article 32 or Article 226. However, it remains a constitutional right.
    • Protection under Law: Any person deprived of his property under any state enactment can approach a High Court challenging the legality of the act under Article 300A.
    • Legal Recourse: Affected individuals have the right to legal recourse if they believe that the acquisition was not justified or that the compensation was inadequate.

    Recent Judgment: Human Rights 

    • Case Background: The judgment supported a Calcutta High Court decision that dismissed an appeal by the Kolkata Municipal Corporation regarding the acquisition of private land.
    • Court’s Order: The Corporation was ordered to compensate with ₹5 lakh for costs within 60 days.
    • Human Rights Perspective: The right to property is not only protected as a constitutional right but has also been recognized as a human right by a “Bench of Justices P.S. Narasimha and Aravind Kumar”.

    Legal Interpretations and Clarifications

    • Justice Narasimha clarified that the phrase ‘authority of law’ in Article 300A extends beyond the state’s power of eminent domain.
    • It necessitates a proper legal framework for property acquisition.
    • The ruling underscored that mere possession of eminent domain power and the provision of compensation do not justify compulsory acquisition if due processes are not followed.

    PYQ:

    [2021] What is the position of the Right to Property in India?​

    (a) Legal right available to citizens only

    (b) Legal right available to any person

    (c) Fundamental Right available to citizens only

    (d) Neither Fundamental Right nor legal right

  • Candid notes on the NHRC’s status deferral

    Why in the News?

    The National Human Rights Commission of India (NHRC) was formally informed late last week that the deferral of its status would continue for a year more.

    • The deferral was put in place by the Sub-committee on Accreditation (SCA) of the Global Alliance of National Human Rights Institutions (GANHRI) for a year, in 2023.

    About the National Human Rights Commission of India (NHRC)

      • The NHRC is a statutory body established under the Protection of Human Rights Act, of 1993.
      • It is mandated to promote and protect Human Rights in India, investigate complaints of human rights violations, and take serious cognizance of human rights issues.
      • The NHRC plays a crucial role in ensuring accountability and justice for victims of Human Rights abuses.
    • It’s Deferral status:
      • The deferral of NHRC’s status means that its accreditation is temporarily postponed, pending improvements in its compliance with the Paris Principles.
      • The Global Alliance of National Human Rights Institutions (GANHRI) accredits National Human Rights Institutions (NHRIs) based on compliance with the Paris Principles, a set of international standards for NHRIs.

    About Global Alliance of National Human Rights Institutions (GANHRI):

    • The GANHRI is an international network that brings together National Human Rights Institutions (NHRIs) from around the world.
    • It was established in 1993 as the International Coordinating Committee (ICC) of National Institutions for the Promotion and Protection of Human Rights.
    • In 2009, it was renamed GANHRI to better reflect its global scope and mission.

    How Indian NHRC is drifting away from the Paris Principles?

    • Ideological Conflict: The mention of the ‘Manusmriti’ in the NHRC document sparked outrage among historically disadvantaged communities, who view it as a source of discrimination and violence they have endured during ancient times.
      • The foundational values of ‘Equality’ in the Indian Constitution and Paris Principles conflict with Manusmriti’s ‘caste-division’ principles.
      • In early 2017 also the NHRC was placed in the deferral category by the GANHRI, which was later lifted after a review.
    • Significance of ‘A’ Status: NHRC had emphasized the significance of ‘A’ status accreditation in its public note on a previous occasion.
      • ‘A’ status grants participation in the work and mechanisms of GANHRI, the Human Rights Council, and other UN mechanisms.

    Way forward:

    • Comprehensive Review: Conduct a thorough review of NHRC’s policies, practices, and organizational structure to identify areas of improvement and address deficiencies.
    • Strengthen Compliance: Need to take proactive measures to ensure compliance with the Paris Principles, including enhancing autonomy, independence, and effectiveness in addressing human rights violations.

    Mains PYQ:

    Q Though the Human Rights Commissions have contributed immensely to the protection of human rights in India, yet they have failed to assert themselves against the mighty. Analysing their structural and practical limitations, suggest remedial measures. (UPSC IAS/2021)

  • Adopting a transformative vision for mediation

    Why in the news? 

    The Mediation Act, of 2023, formalizes diverse mediation forms, promotes amicable settlements and also addresses the judicial backlog. However, Chief Justice Chandrachud emphasized recently that we need a “mediate, not litigate” directive.

    What is Alternative Dispute Resolution (ADR)?

    • ADR refers to the methods of resolving a dispute, which are alternatives for litigation in Courts. Generally, it uses a neutral third party who helps the parties to communicate, discuss the differences, and resolve the dispute (civil disputes).
    • The Malimath Committee Report (1989-90) underlined the need for ADR mechanisms as a viable alternative to conventional court litigation.

    Important Provisions Related To ADR:

    • Section 89 of the Civil Procedure Code, 1908: Provides that opportunity to the people, if it appears to court there exist elements of settlement outside the court then the court formulates the terms of the possible settlement and refer the same for ADRs.
    • Legal provisions dealing with the ADR mechanism in India are the Legal Services Authority Act, 1987 (established Lok Adalat System) and the Arbitration and Conciliation Act, 1996.

     

    Significance of ADR: 

    • Speedy Justice: It is a well-known fact that the present Judicial System is extremely expensive and delaying. ADR methods typically resolve disputes faster than traditional court processes, which is crucial in reducing judicial backlog and providing timely justice.
    • Cost-Effectiveness: ADR is generally less expensive than litigation, as it avoids the high costs associated with court fees, prolonged legal procedures, and extensive discovery processes.
    • Confidentiality: Unlike public court proceedings, ADR processes are usually private, protecting the confidentiality of the parties and the details of the dispute.
    • Preservation of Relationships: ADR methods, particularly mediation and conciliation, emphasize collaborative problem-solving and communication, helping to preserve or even improve relationships between parties.

    Key provisions of the Mediation Act, 2023:

    • It defines ‘Mediation’ and also expands the scope of mediation to statutorily recognize pre-litigation mediation, online mediation, community mediation and conciliation under the definition.
    • Section 5 provides that the disputing parties, before filing any civil or commercial suit in any court, may “voluntarily and with mutual consent” take steps to settle the disputes by pre-litigation mediation.
    • It is in line with the international practice of using the terms ‘mediation’ and ‘conciliation’ as declared by the UNCITRAL and as done previously by the Supreme Court of India in many of its judgments (Perry Kansagra vs. Smriti Madan Kansagra, 2019 and Amardeep Singh vs. Harveen Kaur, 2017).

    Need to address flaws wrt Mediation Act, 2023:

    • Experience Requirement for Mediators: Aspiring mediators must have 15 years of professional experience before qualifying to practice. This requirement might be too stringent and could limit the pool of potential mediators, hindering the growth of mediation as a viable dispute-resolution method.
    • Disconnect in Legal Education: The current legal education and practice emphasize advocacy, which contrasts sharply with the neutrality required in mediation. This creates a disconnect as legal professionals need to unlearn and relearn skills when transitioning between roles, making the process inefficient.

    How can we foster the next generation of Mediators?

    • Integrated Approach: To bridge the gap between advocacy and mediation, there should be continuous, integrated learning. Legal professionals should be trained to switch roles seamlessly, maintaining and enhancing their skills in both areas throughout their careers.
    • Innovative Training Methods: Co-mediation pairs novice mediators with experienced counterparts, allowing them to gain practical experience in real mediation sessions.
    • Structured Mediation Training: Embedding mediation training within the law school curriculum can ignite early interest and equip students with essential dispute-resolution skills.
    • Amendments: Revising the experience requirement to allow younger professionals to become mediators sooner could expand the pool of qualified mediators and accelerate the adoption of mediation practices.

    Conclusion: According to CJI an “active effort must be taken by courts to make negotiations and mediation mandatory as part of case management and with adequate cooperation from all stakeholders, ADR can emerge as a tool of social justice in the country.

    Mains PYQ: 

    Q What are the major changes brought in the Arbitration and Conciliation Act, of 1966 through the recent ordinance promulgated by the President? How far will it improve India’s dispute resolution mechanism? Discuss. (UPSC IAS/2015)

  • Supreme Court cautions on ‘history sheets’: All you need to know about the practice

    Why in the News?

    On May 7, a Bench comprising Justices Surya Kant and K V Viswanathan warned against the presence of “unfair, prejudicial, and atrocious mindsets” that perpetuate and validate caste prejudices.

    • It also directed all states and union territories to ensure that the ‘history sheets‘ maintained by their police forces are free from ‘caste biases’.
    • The Bench was adjudicating a petition filed by AAP MLA Amanatullah Khan, contesting a history sheet initiated against him and a proposal to designate him as a ‘bad character’ by registering his name in the surveillance register at Delhi’s Jamia Nagar police station.

    Did you know about the ‘History sheets’?

    • The term “history sheet” first appeared in the Punjab Police Rules of 1934. 
    • These rules authorized the opening of a history sheet against individuals reasonably believed to be habitually addicted to crime or aiding and abetting criminal activities, regardless of whether they have been convicted.

    How was the process of ‘history sheeting’ initiated?

    • The process of opening a history sheet is governed by police rules specific to each state, such as it is applicable in Punjab, Haryana, Himachal Pradesh, Delhi, and Chandigarh.
    • The initiation typically begins when the Station House Officer (SHO), who is the head of the police station, takes notice of an individual proven guilty in multiple cases or found to be consistently engaged in criminal activities.
    • Details included in the history sheet (Acc. Punjab Police Rules, 1934):
      • A history sheet must contain a detailed description of the individual, paying special attention to any peculiarities of appearance that can aid in identification.
      • It mentions the relations and connections of the individual. This provides clues regarding persons with whom the criminal is likely to associate.
      • It holds the details about any property owned by the criminal, as well as their mode of earning a livelihood, should be included.

    About Amanatullah Khan’s plea in the Supreme Court:

    • On May 13, 2022, the Station House Officer (SHO) of Jamia Nagar had submitted a dossier to the Assistant Commissioner of Police (ACP) and Deputy Commissioner of Police (DCP) proposing to open a history sheet and label him as a “Bad Character” in police records.
    • The proposal was accompanied by a list of 18 pending cases against Khan, including offenses such as intimidation, threatening, and riots. Khan claimed that he had been discharged, acquitted, or had the FIRs quashed in 14 of these cases.
    • Legal Battles: 
      • In January 2023, the Delhi HC dismissed Khan’s plea against the opening of the history sheet and the “Bad Character” tag, stating that the Delhi Police had followed due procedure and complied with the Punjab Police Rules, 1934.
      • Khan’s appeal to the SC was rejected, but the SC directed the police to ensure that details of his minor children and wife were not reflected in the history sheet.
      • Khan’s plea focused on protecting the dignity, self-respect, and privacy of his innocent family members, including minor relatives, from being compromised by inclusion in the history sheet.
    • Revisiting Police Procedures: The Delhi Police submitted that they would revisit the format for history sheets to ensure that the details of innocent family members are not compromised.
      • A Standing Order issued by the Delhi Police Commissioner on March 21, 2024, stated that details of minor relatives should not be included in the history sheet.

    BACK2BASICS

    Constitutional and Legal Provisions for accused person in India:

    • Article 20: This right protects against arbitrary and excessive punishment of an accused person, whether a citizen, a foreigner, or a legal person like a company or a corporation, etc.
    • Article 21: This right declares that no person shall be deprived of his life or personal liberty except according to the procedure established by law. This right is available to both citizens and non-citizens.
    • Section 50(1) of the CrPC: As per this section, every arrested person has the right to be treated with dignity and respect during detention.
      • This section ensures that individuals, including the accused, are not subjected to any form of physical or mental abuse while in custody, upholding the basic human rights of the accused.

    Way Forward:

    • Review and Revise Police Procedures: States and Union Territories should conduct a comprehensive review of their police procedures related to maintaining history sheets to ensure they are free from caste biases.
    • Training and Sensitization: Police personnel should undergo regular training and sensitization programs to raise awareness about caste biases and the importance of impartiality in law enforcement.

    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.

  • Explained: Behind the 20-year delay in Nagaland’s Urban Local Body Elections

    Why in the News?

    For the first time (since 2004), Nagaland is scheduled to conduct Urban Local Body elections.

    Context: 

    • The state cabinet approved on April 26 for conducting Urban Local Body polls for Nagaland’s 3 Municipal Councils and 36 Town Councils.
    • Further, the State Election Commission (SEC) released the election schedule, with voting slated for June 26.

    BACK2BASICS: Constitutional Provisions for Urban Local Body Elections:

      • The 74th Constitutional Amendment bars the interference by courts in the electoral matters of municipalities.
        • Article 243U mandates a five-year tenure for urban local governments.
      • The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to the panchayats and municipalities shall be vested in the State Election Commission (SEC).
    • Article 371 (A)- It makes the special provisions for Nagaland in such a way that the Acts of Parliament would not apply to Nagaland unless the State Legislature Assembly so decides especially in terms of the Religious or social practices of the Naga.

    What does the Janaagraha Survey say about the status of Municipal Elections in India?

    • According to the annual survey made by Janaagraha (a non-profit institution), over 1,400 municipalities in India did not have elected councils in place as of September 2021.
    • According to the Comptroller and Auditor-General of India (CAG), between 2015 and 2021, over 1,500 municipalities didn’t have elected councils. Major cities like Chennai, Delhi, Mumbai, and Bengaluru faced delays ranging from months to years in holding elections.

    The story behind the contention surrounding the Urban Local Body polls in Nagaland:

    • The Nagaland Municipal Act of 2001 was amended in 2006 to introduce a 33% reservation for women in local bodies, by constitutional amendments.
      • However, this amendment became a subject of controversy due to opposition from tribal bodies, citing conflicts with Naga customary laws.
      • These laws under Article 371(A) of the Constitution violated Naga customary practices where women have traditionally not been part of decision-making bodies.
    • In 2009, the state government deferred municipal elections scheduled for the following year due to the controversy surrounding the Act.
    • Despite opposition, advocacy groups such as the Naga Mothers’ Association (NMA) fought for the implementation of women’s reservations.
    • In 2011, the NMA petitioned the Gauhati High Court, which directed the Nagaland government to hold local body elections.
    • In 2012, the state assembly passed a resolution rejecting women’s reservations in the polls, leading to further legal battles. The NMA filed a special leave petition in the SC, which in 2017 directed the government to hold the polls.
    • When the government moved to conduct the elections as per the Supreme Court directive, violent protests erupted, resulting in casualties. Under mounting pressure, then Chief Minister T R Zeliang resigned from his position.
    • In November, during a special emergency session, the assembly passed the Nagaland Municipal Bill, 2023.
      • This new legislation retains the 33% reservation for women in urban local bodies, aligning with constitutional amendments, but removes provisions such as reservation for the post of chairperson and taxes on immovable property.

    Conclusion: Nagaland needs to foster community engagement and participation in the electoral process by promoting inclusive governance structures that involve diverse community members, including women, youth, and marginalized groups.

     

    Mains PYQ: 

    Q Recent directives from Ministry of Petroleum and Natural Gas are perceived by the ‘Nagas’ as a threat to override the exceptional status enjoyed by the State. Discuss in light of Article 371A of the Indian Constitution.(UPSC IAS/2013)

  • What is Interim Bail?

    Why in the news?

    The Supreme Court has granted interim bail to Delhi Chief Minister Arvind Kejriwal in the liquor policy case till to campaign for the Lok Sabha elections.

    What is Interim Bail?

    • Interim bail in India is a temporary release granted to an accused person from custody under Section 439 Cr.
    • It can be granted to address urgent matters such as medical emergencies, family crises, or other significant personal issues.

    Legal Provisions for Interim Bail

    Interim bail in India is NOT explicitly defined under a specific statute but is derived from the discretionary powers granted to courts under various legal provisions.

    The most relevant laws and principles include:

    1. Code of Criminal Procedure, 1973 (CrPC): While the CrPC does not explicitly mention “interim bail,” it provides the framework for granting bail in general. Sections like 437 (bail in non-bailable cases by Magistrate), 438 (anticipatory bail), and 439 (special powers of High Court or Court of Session regarding bail) are used by courts to grant bail, including interim bail, based on judicial discretion.
    2. Constitutional Provisions: The Constitution of India under Article 21, which guarantees the right to life and personal liberty, is often interpreted to include the right to bail as part of the fair and just legal process.

     

    Back2Basics: What is Bail?

    • Bail is the conditional release of a defendant with the promise to appear in court when required.
    • The term also means the security that is deposited in order to secure the release of the accused.
    • In India’s legal world, the term offense has been categorized as bailable offenses and non-bailable under the Code of Criminal Procedure.

    Why need Bail?

    • Bail is a fundamental aspect of any criminal justice system.
    • A person can defend himself/herself better when he/she is free, thus ensuring free trial.
    • The practice of bail grew out of the need to safeguard the fundamental right to liberty.
    • Liberty is the right of one whose guilt has not yet been proven.

    Types of Bail in India

    • Depending upon the sage of the criminal matter, there are commonly three types of bail in India:
    1. Regular Bail: Granted to a person who has already been arrested and is in custody. This type of bail is provided under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (CrPC). It allows the accused to be released from custody while the trial is ongoing.
    2. Anticipatory Bail: Under Section 438 of the CrPC, anticipatory bail is a pre-arrest legal process. It is granted when a person apprehends arrest on an accusation of having committed a non-bailable offence. This type of bail ensures that the accused will be released on bail in the event they are arrested.
    3. Interim Bail: This is temporary bail granted for a short period. Interim bail is often granted to allow the accused some relief until a final decision on their regular or anticipatory bail plea is made.

    Conditions for Grant of Bail in Bailable Offences

    • Section 436 of the Code of Criminal Procedure, 1973, lays down that a person accused of a bailable offense under IPC can be granted bail if:
    1. There are sufficient reasons to believe that the accused has not committed the offence.
    2. There is sufficient reason to conduct a further inquiry in the matter.
    3. The person is not accused of any offence punishable with death, life imprisonment or imprisonment up to 10 years.

    Conditions for Grant of Bail in Non-Bailable Offences

    • Section 437 of Code of Criminal Procedure, 1973 lays down that the accused does not have the right to apply for bail in non-bailable offences.
    • It is discretion of the court to grant bail in case of non-bailable offences if:
    1. The accused is a woman or a child, bail can be granted in a non-bailable offence.
    2. There is a lack of evidence then bail in non-Bailable offenses can be granted.
    3. There is a delay in lodging FIR by the complainant, bail may be granted.
    4. The accused is gravely sick.

     

    PYQ:

    [2021] With reference to India, consider the following statements :​

    1. Judicial custody means an accused is in the custody of the concerned magistrate and such accused is locked up in police station, not in jail.​

    2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.​

    Which of the statements given above is/are correct?​

    1. 1 only ​
    2. 2 only​
    3. Both 1 and 2 ​
    4. Neither 1 nor 2​