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Subject: Polity

  • [30 April 2024] The Hindu Op-ed: The EVM-VVPAT case judgment is disappointing

    Mains PYQ Relevance: 

    Q) In light of the recent controversy regarding the use of Electronic Voting Machines (EVM), what are the challenges before the Election Commission of India to ensure the trustworthiness of elections in India?  (UPSC IAS/2018)
    Q) To enhance the quality of democracy in India the Election Commission of India has proposed electoral reforms in 2016. What are the suggested reforms and how far are they significant to make democracy successful? (UPSC IAS/2017)

    Prelims:

    Consider the following statements:​  (UPSC IAS/2021)
    1. The Montagu-Chelmsford Reforms of 1919 recommended granting voting rights to all women above the age of 21.​
    2. The Government of India Act of 1935 gave women reserved seats in the legislature. ​

    Which of the statements given above is/are correct?​
    (a) 1 only
    ​(b) 2 only
    ​(c) Both 1 and 2
    ​(d) Neither 1 nor 2

    Note4Students: 

    Prelims: EVM; VVPAT; 

    Mains: Landmark Judgements by SC; Judicial Interventions;

    Mentor comments: H.G. Wells once said “Statistical thinking will one day be as necessary for efficient citizenship as the ability to read and write”. Just as water cannot be legislated to flow uphill, the establishment of statistical principles cannot be arbitrarily defined by authorities. The Supreme Court of India has recently dismissed a batch of petitions requesting 100% verification of votes cast using Electronic Voting Machines (EVMs) with Voter Verifiable Paper Audit Trail (VVPAT) slips. The top court recommended that the Election Commission of India (EC) needs to consider incorporating bar codes for each political party on the paper slips. Meanwhile, PM Modi has called the Supreme Court’s verdict a tight slap on the face of the Opposition raising doubts about EVMs and should now apologize to the nation. So, will the Supreme Court verdict end the EVM trust debate?

    Let’s learn

    —

    Why in the News?

    The SC of India cannot arbitrarily mandate that a uniform sample size of “5 EVMs per Assembly Constituency” is good enough for VVPAT-based audit of EVMs for all Assembly Constituencies across the country. 

    Context:

    • Ensuring the accuracy of votes cast is crucial – while VVPAT verification confirms votes as cast, discrepancies may arise in the counting process. 
    • Hence, to mitigate risks of EVM malfunction, it is essential to conduct manual counts of VVPAT slips against EVM tallies for a statistically significant random sample of machines, aligning with fundamental principles of statistical sampling theory to ensure the integrity of the electoral process.
    What is the VVPAT-based audit of EVMs?

    The VVPAT-based audit of EVMs is a statistical quality control technique used to ensure the accuracy of Electronic Voting Machines (EVMs) in elections.
    It involves randomly selecting a sample of EVMs and comparing their counts with the manual counts of voter slips from the Voter Verifiable Paper Audit Trail (VVPAT) system. 

    A typical case

    • Lot of Acceptance Sampling: The VVPAT-based audit of EVMs follows lot acceptance sampling, a quality control method where a sample is inspected for defects.
      • If defects exceed a set limit, the entire lot is rejected. Defective EVMs are those with discrepancies between EVM and VVPAT counts. 
    • Lack of Clarity: The Supreme Court did not specify the ‘population’ of EVMs to which its sample size relates. Further, the SC and ECI also lack clarity on handling defective EVMs in samples.
      • If defects are found, all EVMs from that population should be manually counted. Defining the population as Assembly or Parliamentary Constituencies impacts the detection probability of defective EVMs.

    What Election Commission of India (ECI) have claimed?

    • The ECI has claimed that there have been no instances of mismatch between the EVM count and the VVPAT count over the years. 
    • However, this claim is disputed, and the few mismatches that do occur could be due to multiple reasons like the well-functioning of the EVMs, an inadequate sample size that fails to detect defective EVMs effectively, or a combination of both factors. 

    Reasons behind the ECI’s claim

    • There are major three reasons:
      • The ECI and the Supreme Court’s endorsement of the current sample size and audit protocol is criticized as flawed. 
      • The Court’s judgment in the Association for Democratic Reforms vs Election Commission of India and Another (2024) is disappointing because it did not compel the ECI to make public how it has defined the ‘population’ to which its sample size relates and its ‘next steps’ in the event of a mismatch.
      • The Court also did not clarify these points on its own after seeking expert opinion.
    • Despite rejecting extreme demands like a return to paper ballots or 100% VVPAT verification, the Supreme Court’s prescribed sample size in 2019 was criticized as arbitrary and incorrect, highlighting the need for more statistically sound approaches in EVM audits.

    What needs to be done?

    • Need for Sound Audit System: We do not need to know the various ways an EVM may fail or be manipulated. What is required is a statistically sound VVPAT-based EVM audit system that can detect mismatches with 99% or 99.9% accuracy.
      • By implementing a robust, the integrity of the electoral process can be ensured without resorting to extreme measures like a return to paper ballots or 100% VVPAT verification.
    • Need to achieve Golden Mean: The VVPAT-EVM count matching should be done at the beginning of the counting day, not at the end. This statistical sampling-based, ‘management by exception‘ approach represents the golden mean as follows:
      • Where there is a perfect match, the results should be declared based on the EVM count.
      • Only where there is a mismatch, manual counting of VVPAT slips for the entire ‘population’ of EVMs should be done, and the results declared based on the VVPAT count.

  • In news: National Human Rights Commission’s (NHRC) Accreditation 

    Why in the news?

    • The National Human Rights Commission (NHRC) is gearing up to defend India’s human rights processes at a critical meeting of Global Alliance of National Human Rights Institutions (GANHRI) in Geneva.
    • A decision on retaining India’s NHRC’s “A status” accreditation is imminent at this summit.

    About National Human Rights Commission (NHRC)

    Details
    Establishment
    • A Statutory Body;
    • Established under the Protection of Human Rights Act, 1993.
    Functions
    • Inquire into any violation of human rights
    • Recommend immediate interim relief to victims or their families
    • Intervene in court proceedings involving human rights violations
    • Review constitutional and legal safeguards for human rights
    • Study international instruments on human rights
    • Promote human rights literacy
    • Support the efforts of NGOs working in the field of human rights
    Powers
    • Regulate its own procedure
    • Possess all the powers of a civil court
    • Proceedings have a judicial character
    Chairperson
    • Must be a former Justice of the Supreme Court or Chief Justice of the Supreme Court
    • Appointed by the President of India
    Members
    • Four full-time members;
    • Chairperson: former Supreme Court Justice or Chief Justice;
    • Other Member: former Judge of the Supreme Court;
    • Other Member: former Chief Justice of a High Court;
    • Three Members: with knowledge or experience in human rights, including at least one woman –
    • Seven ex-officio members:  Chairpersons of National Commissions viz., National Commission for Scheduled Castes, National Commission for Scheduled Tribes, National Commission for Women , National Commission for Minorities, National Commission for Backward Classes, National Commission for Protection of Child Rights; and the Chief Commissioner for Persons with Disabilities.
    Appointment
    • Appointed by the President, based on a committee recommendation including the Prime Minister, Speaker of Lok Sabha, Home Minister, Leaders of the Opposition in Lok Sabha and Rajya Sabha, and others
    • Consultation with the Chief Justice of India for judicial appointments
    Removal
    • Removal by order of the President of India
    • Consultation with the Supreme Court before removal
    Terms of Office
    • Hold office for a term of three years or until the age of 70
    • Ineligibility for further government employment after office
    • Eligible for reappointment
    Salaries Determined by the Central government
    Reporting
    • Submits annual or special reports to the Central government and the concerned State government
    • Reports laid before the respective legislatures, along with a memorandum of action taken on the recommendations and reasons for non-acceptance of any recommendations
    Limitations
    • The commission is not empowered to inquire into any matter after the expiry of one year from the date on which the act constituting the violation of human rights is alleged to have been committed
    • Functions are recommendatory in nature, with no power to punish or award relief to violators
    • Limited role concerning armed forces violations

     

    GANHRI Concerns about India’s NHRC

    India’s NHRC faced a potential downgrade in its accreditation status in 2023 due to concerns raised by the SCA regarding its operational independence and composition.

    • Political Interference: The NHRC-India faced objections related to political interference in appointments, compromising its independence.
    • Police Involvement: Involving the police in probes into human rights violations raised concerns about impartiality and fair investigations.
    • Lack of Cooperation: The NHRC’s poor cooperation with civil society was criticized, hindering its effectiveness in protecting human rights.
    • Lack of Diversity: The GANHRI highlighted the lack of diversity in staff and leadership positions within the NHRC. There is also lack of gender and minority representation.
    • Insufficient Protection of Marginalized Groups: The NHRC was found to have taken insufficient action to protect marginalized groups, contrary to the U.N.’s principles on national institutions (the ‘Paris Principles).

    Back2Basics: GANHRI (Global Alliance of National Human Rights Institutions)
    Purpose Promote and protect human rights globally
    Year Established 1993
    Headquarters Geneva, Switzerland
    Members National Human Rights Institutions (NHRIs) from 114 member institutions
    Key Functions
    • Promoting and strengthening NHRIs worldwide
    • Advocating for human rights at national, regional, and global levels
    • Facilitating cooperation and sharing of best practices among NHRIs
    • Providing capacity-building support to NHRIs etc.
    Organizational Structure
    • President: Elected from GANHRI members for a specified term
    • Bureau: Assists the President in overseeing GANHRI’s work
    • Sub-Committees: Focused on specific thematic or regional issues
    Key Documents
    • Paris Principles: Provide guidance for the establishment and operation of NHRIs
    • GANHRI Strategy: Outlines the organization’s strategic objectives and actions
    Sub-Committee on Accreditation (SCA)
    • Part of a five-year peer evaluation cycle for all 114 member institutions of GANHRI.
    • Accreditation status holds significance as it determines its voting rights at international human rights forums.

     

    PYQ:

    [2011] Consider the following:

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

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

    (a) 1 only

    (b) 1 and 2 only

    (c) 3 only

    (d) 1, 2 and 3

  • [27th April 2024] Sounding the gavel on Curative Jurisdiction

    PYQ Relevance:

    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 IAS/2016) 

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

    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: Difference between Curative Jurisdiction and Judicial review;

    Mains: Challenges related to Curative Jurisdiction ;

    Mentor comments: In 2002, the Court took on a new power called the “Curative Jurisdiction”. It is a power to correct its judgments, after they have become final. This is distinct from the power of review under Indian law, which enables all courts to rectify errors which are apparent from their records.The Court has a constitutional role to declare the law. The law must, and often does, progress with the growth in human knowledge and with societal change. The judgments of courts must reflect and sometimes trigger the changes in law. It is for this reason that courts modify their views. Examples of changes in the Court’s views include the right of privacy, decriminalisation of homosexuality and so on. Curative Jurisdiction is different. This is not merely the Court changing its view on a position of law but is a reversal of the Court’s own view in a specific case, above and beyond even the power of review.

    Let’s learn. 

    —

    Why in the news? 

    A top court that swings back and forth based on changing trends lacks the constancy and gravitas that is fundamental to a court of last resort. This article talks about the Curative Jurisdiction.

    Difference between Curative Jurisdiction and Judicial review

    • Curative Jurisdiction: Curative jurisdiction refers to the power of a court to review and correct its own judgments or orders to prevent a miscarriage of justice. It is a remedial mechanism available in exceptional cases where there has been a manifest error or violation of principles of natural justice that cannot be rectified through regular avenues like appeals or review petitions.
    • Judicial Review: Judicial review is the power of a court to review the actions or decisions of other branches of government (executive and legislative) or administrative bodies to ensure they comply with the constitution, laws, or established legal principles.

    The Delhi Metro Rail judgment:

    • Background of the Case: The case involves a dispute between Delhi Metro Rail Corporation Ltd. (DMRC) and Delhi Airport Metro Express Pvt Ltd (DAMEPL) regarding the termination of a long-term contract related to a stretch of the Delhi metro rail.
    • Basis of Termination: DAMEPL terminated the contract citing the presence of defects in the metro’s construction and invoked a termination clause that allowed termination if DMRC failed to cure such defects.
    • Arbitral Tribunal’s Decision: The Arbitral Tribunal ruled in favor of DAMEPL, upholding the termination based on the existence of defects and DMRC’s failure to cure them.
    • Safety Concerns: Prior to termination, DAMEPL had stopped rail operations, citing safety concerns. After termination, both parties jointly requested the Commissioner of Metro Rail Safety (CMRS) to reopen operations, which was sanctioned with certain conditions.
    • Supreme Court’s Decision: DMRC challenged the arbitral award in the Supreme Court, which upheld the award, emphasizing the limited scope to challenge arbitral awards under Indian law.
    • Curative Petition: A curative petition was filed, which is a rare legal remedy used to prevent miscarriage of justice. In an unprecedented move, the Supreme Court set aside the arbitral award in this case through the curative petition.

    The interference by the Court in this case was based on two primary grounds:

    • Interpretation of Termination Clause: The Court found fault with the Arbitral Tribunal’s interpretation of the termination clause. It held that the Tribunal’s requirement for DMRC to completely cure the breach was unreasonable. Instead, the Court asserted that it was sufficient for DMRC to take effective steps to address the breach, and complete cure was not necessary.
    • Importance of CMRS Sanction: The Court also criticized the Arbitral Tribunal for disregarding the significance of the CMRS sanction, which was considered vital evidence. The Tribunal’s failure to consider this evidence was deemed problematic by the Court.

    This intervention is notable for two reasons:

    • Firstly, it marks a departure from the Court’s previous stance of minimal interference in arbitral awards. Historically, the Court had been reluctant to overturn arbitral awards unless there were clear grounds for doing so. This case demonstrates a shift in that approach.
    • Secondly, the Court acknowledged that its own previous verdict, which aligned with its traditional stance, was incorrect. This admission highlights the Court’s willingness to reassess its own decisions and rectify errors when necessary.

    Challenges related to Curative jurisdiction:

    • Consistency and Reliability: The Court is seen as the final interpreter of the law and its decisions are expected to provide stability and guidance, not oscillate based on changing trends or immediate perceptions.
    • Institutional Integrity: There is concern that frequent revisiting of decisions through curative jurisdiction may undermine the integrity and authority of the Supreme Court as an institution. The Court’s role in declaring the law for the nation and posterity requires a higher standard of scrutiny and deliberation beyond correcting individual errors.
    • Raises questions on judicial interference: The exercise of curative jurisdiction raises questions about the extent of permissible judicial interference, particularly in arbitration cases where there is a general policy of minimal judicial intervention. Courts have traditionally adopted a hands-off approach to arbitration awards to respect the autonomy of arbitral tribunals.

    Conclusion: Establish clear guidelines and criteria for the exercise of curative jurisdiction to ensure consistency and predictability in its application. This could include defining the threshold for invoking curative jurisdiction, specifying the types of errors or violations that warrant its use, and outlining the procedural requirements for filing curative petitions.

  • [26th April 2024] The Hindu Op-ed: Questioning the polls ‘rain washes out play’ moments

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

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

    Prelims:
    Q) Consider the following statements: (UPSC IAS/2017)
    1. The Election Commission of India is a five-member body.
    2. Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.
    3. Election Commission resolves the disputes relating to splits/mergers of recognised political parties.Which of the statements given above is/are correct?
    a) 1 and 2 only
    b) 2 only
    c) 2 and 3 only
    d) 3 only

    Note4Students: 

    Prelims: Polity; Elections; Rule 11 of the Conduct of Election Rules 1961

    Mains: Polity; Elections; General financial rules;

    Mentor comments: Getting elected unopposed is perfectly legal in the existing provisions of electoral laws and practice. It is also thrilling. You emerge as the unrivalled representative of the people without the people having chosen you because you are the only choice on the ballot. It is like achieving something without making the requisite effort.

    Let’s learn. 

    —

    Why in the News?

    The Surat and Arunachal Pradesh results are issues that call for debate where an election is made to seem ‘free and fair’ despite people not having cast a single vote.

    The reason behind the Surat and Arunachal Pradesh results are issues that call for debate 

    • Uncontested seats: In Surat and Arunachal Pradesh elections, there have been instances where candidates were disqualified or withdrew voluntarily, resulting in uncontested seats. This raises questions about the democratic process.
    • Contesting candidates is equal to the number of seats: The Representation of the People Act, 1951 states that if the number of contesting candidates is equal to the number of seats, the returning officer shall declare those candidates elected without a poll.
    • No impact of NOTA: The NOTA (None of the Above) option was introduced to allow voters to express dissatisfaction, but it does not actually impact the election outcome.

    The question raised in this situation:

    • The real question is what happens if no one contests the election or all voters boycott it, resulting in no one being elected to fill the vacancy.
    • In such a scenario, there is a “victor” in the sense that someone is declared elected, but there is no “vanquished” party, only those who were ruled out or withdrew voluntarily.
    • The key issue is whether the Election Commission is bound to call for the constituency to elect a person again, similar to how unresponsive bids are handled in government procurement.

    Rule 11 of the Conduct of Election Rules 1961 says: 

    (1) The returning officer shall… cause a copy of the list of contesting candidates to be affixed in some conspicuous place in his office and where the number of contesting candidates is equal to, or less than, the number of seats to be filled, he shall, immediately after such affixation, declare under sub-section 

    (2) or as the case may be, sub-section 

    (3) of section 53 the result of the election in such one of the Forms 21 to 21B as may be appropriate

    The General financial rules

    • Fair, Transparent, and Reasonable Procedure: The GFRs emphasize the importance of conducting public procurement in a fair, transparent, and reasonable manner. This includes provisions for situations like the ‘Single Tender Enquiry’ under Rule 166, which allows for exceptions under certain conditions.
    • Evaluation of Lack of Competition: Rule 173(xx) addresses the issue of lack of competition in public procurement. It states that lack of competition should not be determined solely based on the number of bidders. 
    • Comparison with Electoral Process: The author draws a comparison between the principles outlined in the GFRs for public procurement and the electoral process under the Representation of the People Act (RPA).  
    • Exclusion of the Elector: The passage highlights a perceived dichotomy in the electoral process where the elector may be excluded from choosing their representative if there is only one candidate. This raises concerns about the fairness and representativeness of the electoral system.

    Conclusion:

    Efforts should be made to encourage greater participation in the electoral process. This could involve public awareness campaigns, incentives for candidates to contest elections, and measures to ensure that voters are informed and motivated to participate.

  • SC declines plea against Collegium system to protect public’s best interest

    Why in the news? 

    The petition, filed by advocate Mathews Nedumpara, seeks a revival of the NJAC. SC Registrar says the issue is already settled, and a repeat litigation is a “needless waste of judicial time and energy”

    What is the Registrar of supreme court?

    • The registrar is a chief executive officer of a judicial forum. They are in charge of the entire registry of the department.

    What is NJAC (National Judicial Appointments Commission)? 

    • In August 2014, Parliament passed the Constitution (99th Amendment) Act, 2014 along with the National Judicial Appointments Commission (NJAC) Act, 2014, providing for the creation of an independent commission to appoint judges to the Supreme Court and high courts.
    • In 2015, Supreme Court struck down the National Judicial Appointments Commission (NJAC) and the 99th Amendment

    Actually, Collegium system is used for the appointment of SC Judges 

    First Judges Case (1981): 

    • Also known as S.P. Gupta case (December 30, 1981), the Supreme Court held that consultation does not mean concurrence and it only implies exchange of views
    • It declared that the “primacy” of the Chief Justice of India (CJI)s recommendation on judicial appointments and transfers can be refused for “cogent reasons.”
    • The ruling gave the Executive primacy over the Judiciary in judicial appointments.

    Second Judges Case (1993):

    • SC reversed its earlier ruling and changed the meaning of the word consultation to concurrence.
    • Hence, it ruled that the advice tendered by the Chief Justice of India is binding on the President in the matters of appointment of the judges of the Supreme Court.
    • But, the Chief Justice would tender his advice on the matter after consulting two of his senior most colleagues (this was considered as Collegium)
    • The collegium can veto the government if the names are sent back by the latter for reconsideration.
    • The basic tenet behind the collegium system is that the judiciary should have primacy over the government in matters of appointments and transfers in order to remain independent.
    • The opinions of each member of the Collegium and other judges consulted should be made in writing and form part of the file on the candidate sent to the government.
    • Thus, the executive element in the appointment process was reduced to a minimum.
    • If the CJI had consulted non-judges, he should make a memorandum containing the substance of consultation, which would also be part of the file. After the receipt of the Collegium recommendation, the Law Minister would forward it to the Prime Minister, who would advise the President in the matter of appointment.

    Third Judges Case (1998):

    • SC on President’s reference expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues while HC collegium is led by its Chief Justice and four other senior most judges of that court.
    • Names recommended for appointment by a HC collegium reaches the government only after approval by the CJI and the SC collegium.

    Conclusion: 

    The primary argument against the NJAC was that it could potentially undermine judicial independence by giving the executive a significant role in judicial appointments. Any alternative system, including a revised version of the NJAC, would need to ensure that judicial independence is safeguarded.

    Mains PYQ 

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

  • Madras High Court Ruling on Waqf Properties

    Why in the news?

    • The Madras High Court ruled the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Amendment Act of 2010 as repugnant and unconstitutional.
    • The amendment conferred authority on the Tamil Nadu Waqf Board CEO to order evictions, contradicting with the Central legislation, the Waqf Act of 1995.

    Madras HC Verdict:

    • Parliament’s 2013 amendment to Waqf Act prevails over Tamil Nadu’s legislation.
    • It already provides uniform and effective mechanisms for possession recovery.

    Arguments made by TN:

    • Lawyers argue 2010 amendment exercised power under Concurrent List, required Presidential assent.
    • State law and Central law cannot co-exist, Parliament’s 2013 amendment prevails.
    • Original provisions of Waqf Act not sufficient to deal with encroachments.
    • Tamil Nadu enacted 2010 amendment based on Sachar Committee recommendation.

    Sachar Committee:

    A seven-member high-level committee headed by former Chief Justice of Delhi High Court Rajinder Sachar to study the social, economic, and educational condition of Muslims in March 2005.

     

    What is Doctrine of Repugnancy?

    • The doctrine of repugnancy arises when two laws conflict and produce different outcomes when applied to the same situation.
    • It occurs when the provisions of two laws are so contradictory that complying with one law would mean violating the other.
    • Article 254 of the Indian Constitution establishes the Doctrine of Repugnancy in India, providing a framework for resolving conflicts between Central and State laws.
    • It resolves conflicts between Central and State laws.

    Key Provisions of Article 254:

    1.    Article 254(1):

    • Declares that if a law passed by a State Legislature contradicts a law passed by Parliament, the State law will be deemed void.
    • The law enacted by Parliament will take precedence over the State law.

    2.    Article 254(2):

    • Allows States to enforce legislation that contradicts Parliament’s laws if they receive assent from the President.

     

    PYQ:

    [2016]  The Parliament of India acquires the power to legislate on any item in the State List in the national interest if a resolution to that effect is passed by the:

    (a) Lok Sabha by a simple majority of its total membership

    (b) Lok Sabha by a majority of not less than two-thirds of its total membership

    (c) Rajya Sabha by a simple majority of its total membership

    (d) Rajya Sabha by a majority of not less than two-thirds of its members present and voting

    Back2Basics: What is Waqf property and what does the Waqf Act state?

    Details
    Enactment
    • Enacted by Jawaharlal Nehru in 1954 to centralize Waqf properties.
    • Led to the formation of the Central Waqf Council in 1964.
    • Amended in 1995 under the Congress government of PV Narasimha Rao, granting extensive powers to Waqf Boards.
    Key Provisions
    • Section 3(R) of the 1995 amendment designates properties as Waqf if deemed sacred, religious, or charitable according to Muslim law.
    • Article 40 mandates the Waqf Surveyor and Board to determine property ownership.
    • 2013 amendments require State Waqf Boards to appoint Survey Commissioners to manage properties and settle disputes.
    Legal Status Property declared as Waqf cannot be contested in court; appeals must be made to the Waqf Board.
    Chairmanship
    • Union Minority Welfare Minister serves as ex-officio chairman of the Central Waqf Council.
    • State Waqf Boards consist of seven Muslim members.

    Waqf Property
    Details
    Definition
    • Property donated for charitable purposes in the name of Allah.
    • Donated by individuals for public benefit; no individual ownership rights.
    Donation Criteria Must be donated by Muslims above the age of 18.
    Ownership
    • Upon donation, property becomes Allah’s possession;
    • Family members have no claim after donor’s demise.
    Types Includes movable or immovable property donated for charitable purposes.
    Management Overseen by the Waqf Board, responsible for legal matters and property administration.
    Total Properties
    • Over 8,65,646 properties registered with the Waqf Board in India.
    • Estimated to cover 8 lakh acres of land with a market value of approximately Rs 1.20 lakh crore.
    • State-wide Share:
    1. West Bengal: More than 80,000 properties registered.
    2. Punjab: 70,994 properties under Waqf Board.
    3. Tamil Nadu: 65,945 properties managed.
    4. Karnataka: 61,195 properties overseen.

  • SC allows termination of pregnancy of minor rape survivor

    Why in the news? 

    The Supreme Court on Monday used its extraordinary powers under Article 142 of the Constitution to do “complete justice” to permit the medical termination of pregnancy of a 14- year-old rape.Her pregnancy is nearing 30 weeks. The minor became aware of her condition only at a very late stage.

    Article 142

    • Article 142 of the Indian Constitution grants extraordinary powers to the Supreme Court of India to deliver complete justice. It empowers the Supreme Court to pass any order or issue any writ necessary for doing “complete justice” in any cause or matter pending before it, even if the case does not fall directly within its jurisdiction. 

    Distinctive features of Article 142:

    • Extraordinary Powers: Article 142 grants the Supreme Court of India extraordinary powers to deliver complete justice. These powers are exceptional and not restricted by the ordinary limitations of jurisdiction or procedure.
    • Wide Discretion: The provision grants the Supreme Court wide discretion in passing orders or issuing writs to achieve complete justice.  
    • Non-obstante Clause: Article 142 begins with a non-obstante clause, which means that the powers conferred by this article prevail over any other provision of the Constitution or law. This underscores the supremacy of the Supreme Court’s authority in exercising these powers.
    • Judicial Activism: Article 142 is often invoked to enable the judiciary to intervene in matters where existing laws or legal provisions are inadequate or where there are gaps in the law. This enables the court to play an active role in shaping legal principles and addressing societal concerns.

    Medical Termination of Pregnancy (MTP) Act 2020

    • Gestation Limits: The Act allows for the termination of pregnancy up to 20 weeks with the opinion of one registered medical practitioner.
    • For termination between 20 to 24 weeks, the opinion of two registered medical practitioners is required.
    • The upper gestation limit has been increased from 20 to 24 weeks for special categories of women, including survivors of rape, victims of incest, differently-abled women, and minors.
    • Medical Board: In cases of substantial foetal abnormalities diagnosed by a Medical Board, the upper gestation limit does not apply.
    • The Medical Board consists of a gynaecologist, a paediatrician, a radiologist or sonologist, and other notified members.
    • Privacy Protection: The Act ensures the protection of privacy for women who have terminated their pregnancy. The name and other details of the woman are not to be revealed except to authorized individuals.

    Conclusion: 

    Need to take Measures to prevent rape in society by providing education on consent, promoting gender equality, ensuring swift and awareness about severe punishment for perpetrators, enhancing support for survivors, and fostering a culture of respect.

    Mains PYQ

    Q ‘Constitutional Morality’ is rooted in the Constitution itself and is founded on its essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of relevant judicial decisions.

  • Premium- Indian Federalism as a Mad Hatter’s Tea Party

    Why in the News? 

    In recent times, the Central government has exerted significant political and financial control over the regional states.

    What is Federalism?

    • Federalism is a system of government in which power is divided and shared between a central authority (usually a national government) and constituent political units (such as states or provinces). 
    • Both levels of government have their spheres of authority, and they coexist within the same political framework.

     

    Indian Federalism:

    • India opted for a federal form of government because of linguistic and regional diversity. It has dual objectives, to safeguard and promote the unity, and to accommodate regional diversity.
    • However, Indian Federalism has been described as quasi-federal since it contains major federation and union features (Article 1 says, “India that is ‘Bharat’, shall be the Union of the states”).
    • The central government has more authority, especially in fiscal matters (due to which it is sometimes called “asymmetrical federalism”).
    • Federalism is part of the basic structure which cannot be altered or destroyed under the constituent powers of the Parliament without undergoing judicial review by the Supreme Court.

    Federal Features

    Non-federal features

    The Present Political Federal Issues in India:

    • Centralization of Power: Certain propositions laid down in the Supreme Court’s judgment, have upheld the prospects of Federalism in India
      • For example, the abrogation of Article 370 concerning Jammu and Kashmir’s special status by the central government without adequate consultation with the state government was seen as a move towards the Centralization of power.
    • Reorganization of States: The provision under Article 3 of the Constitution states that the President shall refer the Bill for the reorganization of any State to the legislature of the State concerned to elicit its opinion. 
      • The recent SC’s verdict that dismissed the challenges to the abrogation of Article 370 led to a serious undermining of federalism and the rights of the elected State legislatures.
    • Lack of clarity in Division of Powers: Although the subjects are enlisted in the Seventh Schedule and Emergency Provisions of the Constitution, the distribution of power between the Central government and the states lacks clarity and equity. 
      • For example, internal security assumes utmost importance with the Maoist challenge and cross-border terrorism, which threaten all the states across the country.
      • The Constitution does not refer either to ‘security’ or ‘internal security’ anywhere. However, it mentions five related terms namely ‘pubic order’ (List II, Entry 2), ‘war’ (Article 352), ‘external aggression’ (Article 352), ‘armed rebellion’ (Article 352), and ‘internal disturbance’ (Article 355).
      • Further, the imposition of President’s Rule in states under Article 356 has been recently criticized for being used arbitrarily by the central government.
    • Unequal Representation in Rajya Sabha: The representation of states in Parliament and other federal institutions does not accurately reflect their population, size, or contributions. Some states are over-represented while others are under-represented.
      • For example, the allocation of 80 Lok Sabha seats to Uttar Pradesh and only one to Sikkim results in unequal representation, impacting resource distribution and decision-making.
    • Simultaneous Elections: Measures discussed and recommended like the “One Nation One Election” undermined India’s federal structure and conflated the different priorities voters had for National, State, and “Panchayati raj” institutions, degrading each one’s different sphere of responsibility. 

    The Present Fiscal Federal issues in India:

    • Fiscal Divisible Pool: The states often face financial constraints due to their dependence on the central government for funds. The unequal distribution of resources can exacerbate disparities among states. 
      • For example, states like Bihar and Uttar Pradesh receive more funds from the central government under various schemes. However, recently the Kerala government faced serious financial crunches due to a lack of funds.
    • Implementation of Goods and Services Tax (GST): GST’s implementation has raised issues related to fiscal autonomy. States have voiced concerns about the loss of their taxation powers and uncertainties regarding compensation from the central government for revenue losses.

    Bodies related to the Federal System in India:

    • The Inter-State Council: It was constituted under Article 263 of the Constitution, and serves as a constitutional entity aimed at fostering coordination and collaboration between the Central government and the states regarding shared interests and issues of significance.  
    • The Finance Commission: It is a Constitutional Body established under Article 280 of the Constitution to recommend the distribution of revenues between the Centre and the states.
    • The NITI Aayog: Established in 2015 to replace the Planning Commission. It fosters cooperative federalism by involving states in policy formulation and implementation.

    Committee Recommendation:

    • Sarkaria Commission (1983):
        • Balanced Distribution of Powers: Recommended a balanced distribution of powers between the central government and states, ensuring that each level of government has adequate authority to perform its functions.
        • Cooperative Federalism: Emphasized the need for cooperative federalism, where the central and state governments work together in the spirit of partnership and collaboration.
    • Punchhi Commission (2007):
      • Strengthening Inter-State Council: Recommended strengthening the Inter-State Council, an institution tasked with promoting cooperation among states and between the center and states.
      • Revisiting Center-State Relations: Suggested revisiting and updating the provisions related to center-state relations to address contemporary challenges and promote cooperative federalism.

     

    Way Forward: The Centre cannot afford to ignore the importance of states to effectively respond to the Federal issues:

    • Empowerment of State Governments: Strengthen the powers and autonomy of state governments in decision-making processes, allowing them greater authority over issues within their jurisdiction, and revenue management is necessary.
    • Promoting Co-operative Federalism: Enhance the effectiveness of the Inter-State Council as a forum for dialogue and cooperation between the Centre and states on matters of common interest, ensuring meaningful participation of state leaders in decision-making processes.
    • Need a Balanced Approach: First, the government needs to review and make necessary amendments to clarify the distribution of powers, ensuring a more balanced and transparent framework for political governance.  Second, implement a balanced system of grants where states with weaker fiscal capacities receive adequate support to address developmental disparities.
    • Bringing Clarity: Clearly define revenue-sharing boundaries and internal security mechanisms between the Centre and states to ensure equitable distribution of resources.

    Prelims PYQ 

    Q) Which one of the following is not a feature of Indian federalism? (UPSC IAS/2017)

    1. a) There is an independent judiciary in India.
    2. b) Powers have been clearly divided between the Centre and the States.
    3. c) The federating units have been given unequal representation in the Rajya Sabha.
    4. d) It is the result of an agreement among the federating units.

     

    Q) Consider the following statements: (UPSC IAS/2020)

    1) The Consititution of India defines its ‘basic structure’ in terms of federalism, secularism, fundamental rights and democracy.

    2) The Constitution of India provides for ‘judical review to safeguard the citizens’ liberties and to preserve the ideals on which the Constitution is based.

    Which of the Statement given above is/are correct?

    1. a) 1 only
    2. b) 2 only
    3. c) Both 1 and 2
    4. d) Neither 1 nor 2

    Mains PYQ 

    Q1 How far do you think cooperation, competition and confrontation have shaped the nature of federation in India? Cite some recent examples to validate your answer. (UPSC IAS/2020) 

    Q2 The concept of cooperative federalism has been increasingly emphasised in recent years. Highlight the drawbacks in the existing structure and the extent to which cooperative federalism would answer the shortcomings.

  • [pib] Competition Commission of India (CCI)  

    Why in the news?

    The Competition Commission of India (CCI) invites proposals for conducting a Market Study on Artificial Intelligence (AI) and its impact on competition.

    About Competition Commission of India (CCI)

    • The CCI is a statutory body established under the Competition Act, 2002 by the Vajpayee government.
    • It aims to promote and sustain competition, protect consumer interests, and ensure freedom of trade.
    • The commission operates as a quasi-judicial body, providing opinions to statutory authorities and adjudicating cases.
    • Evolution of CCI:
      • Established in response to the need for promoting competition and private enterprise, especially after India’s economic liberalization in 1991.
      • Replaced the Monopolies and Restrictive Trade Practices Act, 1969 (MRTP Act) based on recommendations from the Raghavan Committee.

    Key Features of the Competition Act:

    • Passed in 2002 and subsequently amended to align with modern competition laws.
    • Prohibits anti-competitive agreements, abuse of dominant position, and regulates combinations causing adverse effects on competition.
    • Established the Competition Commission of India and the Competition Appellate Tribunal.
    • The National Company Law Appellate Tribunal (NCLAT) replaced the Competition Appellate Tribunal (COMPAT) in 2017.

    Composition of CCI:

    • CCI comprises a Chairperson and 6 Members appointed by the Central Government.
    • Members must possess significant expertise in various domains such as law, economics, finance, and management or qualified to be a judge of a High Court.

    Key Functions of CCI:

    1. Regulating Mergers and Acquisitions:
    • Ensuring mergers and acquisitions do not harm competition in the market.
    • Preventing monopolistic practices and promoting fair competition.
    1. Investigating Anti-Competitive Practices:
    • Probing into cartels, collusive behavior, and abuse of dominant market positions.
    • Taking action against entities engaging in anti-competitive practices.
    1. Market Studies and Research:
    • Conducting studies to assess market dynamics and competition levels.
    • Identifying trends and issues affecting competition in various sectors.
    1. Handling Complaints:
    • Addressing complaints filed by individuals or businesses regarding anti-competitive behavior.
    • Initiating investigations based on credible complaints received.
    1. Adjudication and Penalty Imposition:
    • Adjudicating cases related to competition law violations.
    • Imposing penalties on entities found guilty of breaching competition regulations.

    PYQ:

    [2015] The Government of India has established NITI Aayog to replace the:

    (a) Human Rights Commission

    (b) Finance Commission

    (c) Law Commission

    (d) Planning Commission

  • Shompen PVTGs cast their vote for the First Time

    Why in the news?

    For the first time in Andaman and Nicobar Islands, 7 members of the Shompen tribe, a particularly vulnerable tribal groups (PVTGs) of Great Nicobar Islands exercised their voting rights for the lone Lok Sabha seat in the union territory.

    Other two primitive tribes like Onge and Great Andamanese (both PVTGs) too exercised their voting rights like in 2019 Lok Sabha election but seven Shompen did it for the first time out of 98 Shompen voters.

    About Shompen Tribe:

    • The Shompen tribe primarily inhabits the remote interior regions of Great Nicobar Island, the southernmost island in the Andaman and Nicobar archipelago.
    • Their estimated population was 229 as per the 2011 Census data.

    • Their cultural practices include traditional hunting, fishing, and gathering forest resources.
    • Pandanus (a tropical plant found in the islands), whose fruits resemble the woody pineapple, is the staple food of the Shompens.
    • What makes the Shompens distinct from the four other PVTGs of Andaman and Nicobar Islands — Jarawas, Great Andamanese, Onges and Sentinelese — is that they are the only tribe in the region with Mongoloid features. The other PVTGs have Negroid features.

    Society and Culture

    • The Shompen people have their own distinct culture and language, which belongs to the Austroasiatic language family. 
    • Marriage by capturing women from different groups and sub-groups is one of the customs of the Shompen society (as per the Anthropological Survey of India).
    • They practice a hunter-gatherer subsistence economy.

    Who are the Particularly Vulnerable Tribal Groups (PVTGs)?

    • These groups are among the most vulnerable section of our society as they are few in numbers, have not attained any significant level of social and economic development.
    • They generally inhabit remote localities having poor infrastructure and administrative support.
    • 75 such groups have been identified and categorized as Particularly Vulnerable Tribal Groups (PVTGs).

    Origin of the concept

    • The Dhebar Commission (1960-1961) stated that within Scheduled Tribes there existed an inequality in the rate of development.
    • During the fourth Five Year Plan (1969-74) a sub-category was created within Scheduled Tribes to identify groups that considered to be at a lower level of development.
    • This sub-category was named “Primitive tribal group”.
    • In 2006 the government of India proposed to rename as PVTGs.

    Features of PVTGs

    • The features of such a group include a:
    1. Pre-agricultural system of existence
    2. Practice of hunting and gathering
    3. Zero or negative population growth
    4. Extremely low level of literacy in comparison with other tribal groups
    • Groups that satisfied any one of the criterion were considered as PTG.

     

    PYQ:

    [2019] Consider the following statements about Particularly Vulnerable Tribal Groups (PVTGs) in India:

    1. PVTGs reside in 18 States and one Union Territory.
    2. A stagnant or declining population is one of the criteria for determining PVTG status.
    3. There are 95 PVTGs officially notified in the country so far.
    4. Irular and Konda Reddi tribes are included in the list of PVTGs.

    Which of the statements given above are correct?

    (a) 1, 2 and 3

    (b) 2, 3 and 4

    (c) 1, 2 and 4

    (d) 1, 3 and 4