Note4Students
From UPSC perspective, the following things are important :
Prelims level: Bail Provisions in India
Mains level: Problem of Undertrials, Bail and linking it to Prison Reform
In the news
- India’s bail system faces significant challenges, resulting in a large number of undertrials remaining in prison despite being granted bail.
- The complexities of complying with bail conditions, especially for marginalized individuals, exacerbate the situation.
Bail Provisions in India
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Description |
| What is Bail? |
The conditional release of a defendant with the promise to appear in court when required. It also refers to the security deposit to secure the release of the accused. |
| Types of Bail in India |
- Regular bail: Granted to a person in police custody, applied for under section 437 and 439 of CrPC.
- Interim bail: Short-term bail granted before the hearing for regular or anticipatory bail.
- Anticipatory bail: Granted under section 438 of CrPC by session court or High Court, to avoid potential arrest for a non-bailable offense.
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| Case in Bailable Offences |
Section 436 states that accused of a bailable offence under IPC can be granted bail if:
- There’s reason to believe the accused didn’t commit the offence.
- There’s need for further inquiry.
- Accused isn’t charged with an offence punishable by death, life imprisonment, or up to 10 years’ imprisonment.
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| Bail for Non-Bailable Offences |
Section 437 states that accused doesn’t have the right to apply for bail. Bail may be granted if:
- Accused is a woman or child.
- Lack of evidence.
- Delay in lodging FIR.
- Accused is gravely sick.
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Understanding the Crisis in Bail System
- Overrepresentation of Undertrials: Over 75% of India’s prison population comprises undertrials, reflecting systemic inefficiencies in the bail system.
- Judicial Reluctance: Chief Justice of India D.Y. Chandrachud highlighted a growing reluctance among trial judges to grant bail, leading to a situation where incarceration becomes the norm.
- Bail Backlog: The backlog of bail applications further exacerbates the problem, prolonging the detention of undertrials awaiting trial.
Judicial Acknowledgment and Guidelines
- Supreme Court’s Observations: The Supreme Court acknowledged the ineffectiveness of India’s bail system in the case of Satender Kumar Antil vs CBI, emphasizing the principle of ‘bail not jail’.
- Need for Legislative Action: The Court urged the enactment of separate legislation and laid down comprehensive guidelines to streamline bail procedures.
- Delayed Disposal of Applications: Despite court directives, delays in the disposal of bail applications contribute to prolonged detention of undertrials.
Empirical Assessment and Policy Reforms
- Lack of Empirical Evidence: The absence of empirical data hampers efforts to understand the bail system’s challenges comprehensively.
- Socio-economic Barriers: Bail laws disproportionately burden marginalized individuals, necessitating reforms based on a realistic assessment of the problem.
- No Data-driven Reform: Policymakers should prioritize empirical research to inform evidence-based policy reforms aimed at addressing systemic inequalities.
Safeguards and Adjudication Practices
- Arrest Safeguards: Existing safeguards against arbitrary arrest often exclude vulnerable populations, contributing to the high proportion of undertrials.
- Discretionary Adjudication: Courts exercise discretion in granting bail, but guidelines lack clarity on how socioeconomic factors influence bail decisions.
- Recording Reasons for Bail Denial: Courts should be mandated to record detailed reasons for denying bail, promoting transparency and accountability in the adjudication process.
Bail Compliance Challenges
- Financial Hurdles: Many undertrials struggle to comply with bail conditions due to financial constraints and lack of local sureties.
- Structural Disadvantages: Factors like lack of residence proof and family support further hinder undertrials’ ability to comply with bail conditions.
- Support Mechanisms: Establishing support mechanisms to assist undertrials in navigating the bail process and fulfilling conditions can alleviate compliance challenges.
Why bail needs reform?
- Indiscriminate arrests: Of this category of prisoners, majority may not even be required to be arrested despite registration of a cognizable offense, being charged with offenses punishable for seven years or less.
- Disadvantageous for some sections: They are not only poor and illiterate but also would include women. Thus, there is a culture of offense being inherited by many of them.
- Colonial legacy: Theoretically, the court also linked the idea of indiscriminate arrests to magistrates ignoring the rule of “bail, not jail” to a colonial mindset.
Way forward
- No Flawed Assumptions: The current bail system operates on flawed assumptions about the accused’s socio-economic status, rendering ‘bail not jail’ meaningless for many.
- Call for Bail Reform: Meaningful bail reform necessitates a reevaluation of these assumptions and a data-driven approach to diagnose systemic issues.
- Holistic Approach: Reform efforts should adopt a holistic approach, addressing both procedural inadequacies and socio-economic barriers to ensure equitable access to bail.
Conclusion
- India’s bail system stands at a critical juncture, with an urgent need for reform to address systemic inefficiencies and ensure justice for all.
- Empirical research, legislative action, and judicial scrutiny are essential components of a comprehensive reform agenda.
Try this PYQ from CSE Prelims 2021:
With reference to India, consider the following statements:
- Judicial custody means and accused is in the custody of the concerned magistrate and such accused is locked up in a police station, not in jail.
- 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?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Post your responses here.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Defence Modernisation Fund (DMF)
Mains level: Defence Acquisition Process in India
In the news
- The Ministry of Defence (MoD) had informed Parliament recently a separate mechanism by the Ministry of Finance in consultation with the MoD to explore a special dispensation to operationalize a “Non-lapsable Defence Modernisation Fund” because the non-lapsable pool has drawbacks as it affects parliamentary scrutiny and accountability.
About Non-Lapsable Defence Modernisation Fund (DMF):
- The DMF aims to create a dedicated pool of funds that carry over from year to year, ensuring that unutilized funds are retained for future defence modernisation initiatives. Currently, defence funding in India operates on a yearly basis, with unspent funds being returned at the end of each fiscal year.
- The dedicated Modernisation Fund is intended to supplement regular budgetary allocations and provide certainty in funding for various defence capability development and infrastructure projects.
Recommendation by XV Finance Commission
- The 15th Finance Commission proposed a dedicated Modernisation Fund for Defence and Internal Security.
- It said the Union may constitute in the Public Account of India, a dedicated non-lapsable fund, Modernisation Fund for Defence and Internal Security (MFDIS).
About the Public Account of India
- The Public Account of India was constituted by Article 266(2) of the Indian Constitution which states that “All other public moneys received by or on behalf of the Government of India or the Government of a State shall be credited to the public account of India or the public account of the State, as the case may be.”
- These funds are used to manage transactions where the government serves as a banker, such as provident funds, small savings, and other deposits.
- The Comptroller and Auditor General (CAG) is responsible for auditing all expenditures from the Public Account of India.
- Withdrawal or utilization of money can only occur for specific purposes authorized by law or parliamentary approval, ensuring proper allocation and utilization of funds.
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Need for Non-Lapsable Funds:
- Addressing Budgetary Limitations: Yearly budget allocations lead to the surrender of unutilized funds, hindering defense modernization efforts.
- Creating Certainty: Non-lapsable funds offer certainty in funding availability, promoting stability and continuity in modernization initiatives.
- Enhancing Flexibility: These funds provide flexibility for addressing unforeseen contingencies and promoting long-term planning.
Significance of Non-Lapsable Funds:
- Certainty and Continuity: Non-lapsable funds offer assurance of funding for defence modernisation, eliminating the need for frequent requests for additional funds and ensuring continuity in project execution.
- Flexibility: These funds provide flexibility in utilization, allowing for the allocation of resources to unforeseen requirements or contingencies that may arise during the year.
- Long-term Planning: By allowing funds to carry over across fiscal years, non-lapsable funds facilitate long-term planning for defence modernization projects, promoting systematic and strategic development.
Challenges and Considerations
- Parliamentary Scrutiny: Establishing a non-lapsable fund may raise concerns about reduced parliamentary scrutiny and accountability over defense spending.
- Operational Modalities: Determining the sources of funding and operational modalities for the DMF require careful consideration to ensure effectiveness and transparency.
- Interagency Coordination: Coordination between the Ministry of Defence and the Ministry of Finance is essential for the successful implementation of the fund.
Conclusion
- The proposal for a Non-Lapsable Defence Modernisation Fund represents a proactive approach to addressing the challenges associated with defence funding in India.
- While the concept offers several potential benefits, its implementation requires careful deliberation and collaboration between key stakeholders to ensure accountability, transparency, and optimal utilization of resources in support of national security objectives.
Try this PYQ from CSP 2014:
Q.With reference to Union Budget, which of the following, is/are covered under Non-Plan Expenditure?
- Defence-expenditure
- Interest payments
- Salaries and pensions
- Subsidies
Select the correct answer using the code given below:
(a) 1 only
(b) 2 and 3 only
(c) 1, 2, 3 and 4
(d) None
Post your answers here.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Articles 194(2) (for MLAs) and 105(2) (MPs)
Mains level: Vote for cash issue
In the news
- The Supreme Court is set to decide if legislators (MPs and MLAs) enjoy immunity from bribery charges in connection with votes made in Parliament and Legislative Assemblies.
Legislators Immunity: Background and Context
- Constitutional Provisions: Articles 194(2) (for MLAs) and 105(2) (MPs) of the Constitution grant legislators immunity from legal proceedings concerning their speeches and votes in Parliament and Legislative Assemblies.
- P.V. Narasimha Case: In 1998, the Supreme Court upheld this immunity in the case of P.V. Narasimha Rao v State (CBI/SPE), ruling that legislators are shielded from criminal prosecution for bribery linked to their parliamentary actions.
Reasons for Reconsideration
- Sita Soren’s Case: The appeal by JMM MLA Sita Soren, accused of accepting bribes during Rajya Sabha elections, prompted a reevaluation of the Narasimha verdict.
- Interpretation Issues: Concerns were raised about the broad interpretation of immunity and its implications for combating bribery in legislative bodies.
Arguments Supporting Immunity
- Absolute Protection: Advocates contend that legislators enjoy complete immunity from legal action under constitutional provisions. They argue that the Speaker holds authority to address moral infractions through expulsion.
- Interpretation of Articles: The dissenting opinion in Narasimha sought to narrow the scope of immunity, but proponents stress adherence to the literal interpretation of constitutional language.
Arguments against
- Completion of Offence: Critics argue that the offence of bribery is consummated upon acceptance of the bribe, irrespective of subsequent actions. They advocate holding legislators accountable from the moment the bribe is accepted.
- Legitimate Legislative Actions: Distinguishing between legitimate and illegitimate actions, advocates assert that actions stemming from criminal conduct, such as vote-buying, should not be shielded by immunity.
Legal Interpretation and Statutory Compliance
- Prevention of Corruption Act, 1988: Critics highlight inconsistencies between the Narasimha ruling and the provisions of the PCA, emphasizing the need for alignment with anti-corruption legislation.
- Intent and Performance: Solicitor General Mehta underscored the disconnect between the Narasimha verdict and the intent of the Prevention of Corruption Act, particularly regarding the timing of criminal liability.
P.V. Narasimha Case (1998) Analogy
Judgement protects bribe-takers after there is “performance” (a speech or vote is given based on the bribe), even though Section 7 of the PCA specifically punishes public servants who accept bribes “to” or “as a reward for” performing their public duty improperly or dishonestly. |
Way Forward
- Balancing Integrity and Immunity: The court’s ruling will determine the delicate balance between upholding legislative immunity and ensuring accountability for criminal acts.
- Interpretative Scrutiny: A nuanced interpretation of constitutional provisions is essential to address the evolving complexities of legislative conduct and accountability.
Conclusion
- The Supreme Court’s forthcoming decision on legislators’ immunity from bribery charges holds significant ramifications for India’s legal landscape.
- Balancing constitutional provisions, legislative intent, and anti-corruption imperatives, the court’s ruling will shape the accountability framework for lawmakers and the integrity of the legislative process.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Submarine Communication, Fiber Optics
Mains level: Implications of maritime crisis on Submarine Cable Infrastructure
In the news
- Three undersea cables connecting India to global telecom networks—Asia-Africa-Europe-1, Europe India Gateway, and Tata Global Network—have been damaged in the Red Sea Conflict, possibly due to targeted attacks.
What are Submarine Communications Cable?
- Submarine cables are laid on the seabed between land-based stations to transmit telecommunication signals across stretches of ocean and sea.
- These cables employ fiber-optic technology, with optical fiber elements coated with protective layers suitable for the marine environment.
- Submarine cables offer a reliable, cost-efficient, and high-capacity means of internet connectivity compared to satellites.
India’s Submarine Cable Infrastructure
- With 17 submarine cables landing in 14 cable landing stations, mainly in Mumbai and Chennai, India is actively expanding its undersea connectivity.
- The Telecom Regulatory Authority of India (TRAI) has introduced regulations categorizing Cable Landing Stations (CLS) into Main CLS and CLS Point of Presence to enhance data flow and reduce reliance on foreign providers.
- TRAI’s recommendations also include recognizing submarine cable operations as critical services, proposing legislative amendments, and suggesting exemptions from custom duty and GST for essential goods.
- MIST Submarine Cable System (connecting India with Myanmar, Thailand, Malaysia, and Singapore)
- Reliance Jio Infocomm’s India Asia Xpress (IAX) (India to the Maldives, Singapore, Sri Lanka, and Thailand)
- India Europe Xpress (IEX) (India to Italy via Saudi Arabia and Greece)
- SeaMeWe-6 project (Singapore to France via India, Bangladesh, and Maldives)
- Africa2 Cable (connecting India with the UK via several African countries)
Vulnerabilities in Telecom Infrastructure
- Ongoing Conflict’s Impact: Damage to undersea cable systems in the Red Sea due to regional conflict exposes vulnerabilities in India’s internet and overseas telecom connectivity.
- Limited Connectivity: India’s relatively few connections to such cables and regulatory restrictions on expanding the submarine cable industry pose significant concerns.
- Choke Points: Cable disruptions underscore a choke point in subsea connections between Europe and Asia, particularly concerning for India due to limited connections and regulatory constraints.
Current Challenges in Submarine Cable Infrastructure
- Capacity Shortages: Rising demand from data centers, retail usage, and enterprise applications exacerbates capacity constraints in India’s submarine cable networks.
- Opaque Ownership Structures: Lack of transparency in ownership of submarine cable systems raises national security concerns, particularly regarding the involvement of International Long Distance Operators (ILDOs).
- Regulatory Constraints: Stringent regulations impede investment in submarine cable infrastructure, limiting redundancy and hindering security measures.
Implications of TRAI Proposals
- Digital Transformation: TRAI’s recommendations align with India’s digital ambitions, facilitating the expansion of data centers and enhancing internet connectivity.
- Balancing Act: DoT’s decision on TRAI’s proposals will shape the future of India’s submarine cable industry, balancing the interests of stakeholders and national security concerns.
Case Study: Australia’s Cable Protection Zone Regime
- Legislative Framework: ACPZs established within its Exclusive Economic Zone (EEZ), offer a legislative model for protecting international submarine cables.
- Regulatory Authority: The Australian Communications and Media Authority (ACMA) oversees the enforcement of protection measures within designated zones, ensuring compliance with stringent regulations.
- Prohibited Activities: It restricts activities such as seabed trawling, vessel anchoring, and dredging within Cable Protection Zones, mitigating the risk of cable damage.
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Way Forward
[A] Replicating Success in Indian Waters
- Adopting Legislative Framework: India can collaborate with Australia to enact similar laws within its territorial waters, leveraging sovereign rights over submarine cables within the EEZ.
- Establishing Protection Zones: Creation of Submarine Cable Protection Zones, consistent with UNCLOS provisions, enables India to enforce jurisdictional and physical safeguards.
- Regional Cooperation: India can advocate for the adoption of Australia’s model legislation across the Indian Ocean Rim Association, fostering multilateral cooperation in protecting subsea infrastructure.
[B] Operational Implementation and Collaboration
- Coordination Mechanisms: Collaboration among navies and coastguards of Quad nations and like-minded countries facilitates operational coordination in monitoring and protecting high-density cable zones.
- Policy Alignment: Aligning domestic legislative frameworks with regional initiatives ensures seamless coordination and collective action in safeguarding submarine assets.
- Reducing Risks: Enhanced cooperation minimizes the risk of cable damage and sabotage, bolstering connectivity and resilience in the Indian Ocean Region.
Conclusion
- India stands at a pivotal juncture in safeguarding its subsea infrastructure amidst evolving geopolitical dynamics.
- India must fortify its submarine cable assets, ensuring uninterrupted connectivity and advancing its digital aspirations.
- Through proactive legislative measures and strategic collaboration, India can mitigate risks and emerge as a global leader in subsea infrastructure protection.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Goods and Services Tax (GST)
Mains level: GST Collection
In the news
- India’s GST revenues saw a robust growth of 12.54% in February, exceeding ₹1.68 lakh crore.
- This marked the fourth-highest monthly collection since GST’s inception.
Why discuss this?
- The Goods and Services Tax (GST) system in India has been a pivotal component of the country’s tax structure since its implementation in July 2017.
- Analyzing the trends and performance of GST revenues offers insights into the economic health and growth trajectory of the nation.
Gross Revenues Overview
- Yearly Comparison: The fiscal year 2023-24 witnessed a noteworthy increase, reaching ₹18.4 lakh crore, indicating an 11.7% rise from the previous year.
- Yearly Uptick: This year’s growth stands as the third highest since the implementation of GST.
- Domestic Transactions: Revenues from domestic transactions surged by 13.9%.
- Imported Goods: Revenue from goods imports also saw a notable increase, rising by 8.5%.
State-wise Breakdown
- Overall Collection Analysis: After accounting for refunds, February’s GST collection amounted to ₹1.51 lakh crore, indicating a substantial 13.6% growth from the previous year.
- State Variability: States exhibited diverse performances, with some experiencing declines while others exceeded national growth averages.
- Declining Revenues: Five states witnessed contractions, with Mizoram and Manipur showing significant decreases.
- Outperforming States: Twelve states, including Jammu and Kashmir, Assam, and Maharashtra, surpassed the national average growth rate.
Compensation Cess Details
- Components of GST Intake: February’s gross GST intake included CGST, SGST, and IGST, amounting to ₹84,098 crore.
- Cess Collections: Compensation cess collections amounted to ₹12,839 crore, with additional revenue from imported goods.
- Revenue Distribution: The Central government allocated substantial sums to CGST and SGST from IGST collections.
- Revenue Allocation: After regular distributions, CGST received ₹73,641 crore, while SGST received ₹75,569 crore.
About Goods and Services Tax (GST)
- Definition: GST is an indirect tax that has replaced many indirect taxes in India such as excise duty, VAT, services tax, etc.
- Legislation: The GST Act was passed in Parliament on 29th March 2017 and came into effect on 1st July 2017. It is a single domestic indirect tax law for the entire country.
- Tax Structure: It is a comprehensive, multi-stage, destination-based tax that is levied on every value addition.
- Taxation Points: Under the GST regime, the tax is levied at every point of sale. In the case of intra-state sales, Central GST and State GST are charged. All the inter-state sales are chargeable to the Integrated GST.
Components of GST
- CGST: It is the tax collected by the Central Government on an intra-state sale (e.g., a transaction happening within Maharashtra).
- SGST: It is the tax collected by the state government on an intra-state sale (e.g., a transaction happening within Maharashtra).
- IGST: It is a tax collected by the Central Government for an inter-state sale (e.g., Maharashtra to Tamil Nadu).
Advantages of GST
- GST has mainly removed the cascading effect on the sale of goods and services.
- Removal of the cascading effect has impacted the cost of goods.
- Since the GST regime eliminates the tax on tax, the cost of goods decreases.
- Also, GST is mainly technologically driven.
- All the activities like registration, return filing, application for refund and response to notice needs to be done online on the GST portal, which accelerates the processes.
Issues with GST
- High operational cost.
- GST has given rise to complexity for many business owners across the nation.
- GST has received criticism for being called a ‘Disability Tax’ as it now taxes articles such as braille paper, wheelchairs, hearing aid etc.
- Fuels are not under GST, which goes against the ideals of the unification of commodities.
Try this PYQ from CSP 2015:
Q. All revenues received by the Union. Government by way of taxes and other receipts for the conduct of Government business are credited to the:
(a) Contingency Fund of India
(b) Public Account
(c) Consolidated Fund of India
(d) Deposits and Advances Fund
Post your responses here.
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Why in the News?
Recently, there have been significant updates made to the guidelines for the Regulatory Sandbox (RS) scheme by the RBI.
What is the Regulatory Sandbox (RS) scheme?
- Regulatory Sandbox (RS) scheme involves live testing of new financial products or services in a controlled regulatory environment with potential relaxations for testing purposes.
- It allows regulators, innovators, financial service providers, and customers to test new financial innovations, collecting evidence on benefits and risks.
- It facilitates the development of innovation-friendly regulations, enabling the delivery of low-cost financial products.
- It enables Dynamic Regulatory Environments that adapt to emerging technologies
What is the objective behind this decision of RBI?
- Through this decision, RBI aims to encourage responsible innovation in financial services and ensure compliance with digital personal data protection norms.
- This new adopted framework will enable on-tap proposals, replacing the previous structure where RBI presented the challenges to a cohort of technology firms and required them to devise solutions within a specified time frame.
- Secondly, through this decision, the central bank (RBI) remains committed to supporting innovation and technology in the financial sector.
- For example, recenty, the Paytm Payments Bank, due to its failure to comply with RBI norms, stifled innovation.
Key Highlights of the RBI’s Updated guidelines on Regulatory Sandbox scheme:
- Framework Alignment with Digital Personal Data Protection Act: The updated framework requires sandbox entities to ensure compliance with provisions of the Digital Personal Data Protection Act, 2023.
- Diverse Range of Target Applicants: The target applicants for entry to the RS are fintech companies, including startups, banks, financial institutions, any other company, Limited Liability Partnership (LLP) and partnership firms, partnering with or providing support to financial services businesses.
- Digital Personal Data Protection Norms Compliance: Under the updated guidelines, participating entities will have to comply with digital personal data protection norms.
- Origins of Regulatory Sandbox Framework: The RBI had issued the ‘Enabling Framework for Regulatory Sandbox’ in August 2019, after wide ranging consultations with stakeholders.
What is the Significance of Regulatory Sandbox?
- Learning by doing: RS provides empirical evidence on benefits and risks of emerging technologies, enabling regulators to make informed decisions.
- Testing viability: RS allows testing of product’s viability without large-scale roll-out, enabling modifications before broader market launch.
- Financial inclusion: RS can improve pace of innovation and technology absorption, leading to financial inclusion and improved financial reach.
- Evidence-based decision-making: RS reduces dependence on industry consultations for regulatory decision-making.
- Better outcomes for consumers: RS leads to increased range of products, reduced costs, and improved access to financial services.
What are the challenges along with Regulatory Sandbox scheme?
- Flexibility and time: Innovators may face constraints in the sandbox process, but time-bound stages can mitigate this.
- Bespoke authorizations: Transparent handling of applications and clear decision-making principles can address risks associated with discretionary judgments.
- Legal waivers: The RBI or its RS does not provide legal waivers.
- Regulatory approvals: Successful experiments in the sandbox may still require regulatory approvals for wider application.
- Legal issues: Transparency and clear criteria in the RS framework can mitigate legal issues like consumer losses, ensuring clarity on liability for risks.
Conclusion: The RBI’s updated Regulatory Sandbox guidelines promote responsible financial innovation. Addressing time constraints and ensuring transparent post-sandbox approvals are vital for fostering a conducive environment for ongoing advancements in the financial sector.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Rare Diseases Definition
Mains level: Burden of Rare Diseases and Policy Interventions
In the news
What are Rare Diseases?
- Global Perspective: Rare diseases are defined by the World Health Organization (WHO) as often debilitating lifelong diseases or disorders with a prevalence of 1 or less, per 1,000 population.
- National Context: While India lacks a standardized definition, the Organisation of Rare Diseases – India suggests defining a disease as rare if it affects 1 in 5,000 people or less.
Rare Diseases: Key Facts and Figures
- India issued its first National Policy on Rare Diseases in March 2021, offering comprehensive strategies for prevention and management.
- Less than 5% of rare diseases have therapies available in India, yet they affect nearly 1/5th of the population.
- The Union Government allocated ₹50 lakh per patient for rare diseases treatment, but only approximately 49% of the allocated funds have been utilized.
- There are approximately 7,000-8,000 rare diseases in India, with new diseases continually being identified and reported.
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National Policy on Rare Diseases, 2021: Highlights
- Comprehensive Approach: This Policy offers a holistic framework encompassing prevention, management, and treatment strategies tailored to the unique needs of patients.
- Financial Support: Recognizing the financial burden on patients, the policy aims to lower the exorbitant costs of treatment through targeted interventions and support mechanisms.
- Research Focus: Emphasizing indigenous research, the policy lays the foundation for bolstering research initiatives in the field of rare diseases, fostering innovation and discovery.
Other Initiatives in India
- National Hospital-Based Registry: A pivotal component of the policy, the establishment of a national registry of rare diseases promises to provide invaluable epidemiological data, informing targeted interventions and resource allocation.
- Early Screening and Prevention: The creation of Nidan Kendras aims to enhance early detection and prevention efforts, crucial for improving patient outcomes and reducing disease burden.
- Capacity Building: Strengthening secondary and tertiary health facilities at Centres of Excellence underscores the commitment to enhancing healthcare infrastructure and service delivery.
Challenges and Imperatives
- Defining Rare Diseases: Despite significant progress, India lacks a standardized definition of rare diseases, necessitating clarity to guide policy and resource allocation effectively.
- Funding Utilization: Concerns arise over the underutilization of allocated funds, highlighting the urgency to streamline resource allocation and enhance accountability mechanisms.
- Patient Advocacy: Rare diseases patient advocacy groups play a pivotal role in advocating for timely access to treatment and sustainable funding support, urging policymakers and healthcare providers to prioritize patient-centric initiatives.
Way Forward
- Sustainable Funding: Ensuring sustainable funding support for rare diseases treatment is paramount to safeguarding patient well-being and fostering equitable access to care.
- National Registry Implementation: Accelerating the establishment of a hospital-based national registry is imperative to harness the power of data-driven decision-making and advance rare diseases research.
- Multidisciplinary Care: The creation of comprehensive care centers, coupled with initiatives to support caregivers, represents a crucial step towards enhancing patient outcomes and fostering a supportive healthcare ecosystem.
Conclusion
- As India commemorates World Rare Diseases Day, it stands at a pivotal juncture in its journey towards rare diseases care and advocacy.
- By embracing a collaborative and patient-centric approach, India can surmount existing challenges, paving the way for a future where every individual affected by a rare disease receives the care and support they deserve.
Try this PYQ from CSP 2014:
Consider the following diseases
- Diphtheria
- Chickenpox
- Smallpox
Which of the above diseases has/have been eradicated in India?
(a) 1 and 2 only
(b) 3 only
(c) 1, 2 and 3
(d) None
Post your responses here.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Cross-Voting in Rajya Sabha
Mains level: Exceptions to the Anti-Defection Laws
In the news
- Recent Rajya Sabha elections in Uttar Pradesh, Himachal Pradesh, and Karnataka have been marred by instances of cross-voting, prompting concerns over the integrity of the electoral process.
Why discuss this?
- Understanding the legal framework governing Rajya Sabha elections and the implications of cross-voting is crucial in addressing these concerns and upholding democratic principles.
Rajya Sabha Elections and Cross-Voting
- Constitutional Provision: Article 80 of the Constitution mandates the indirect election of Rajya Sabha representatives by the elected members of State Legislative Assemblies.
- Historical Context: Rajya Sabha elections were traditionally uncontested until 1998, when cross-voting in Maharashtra marked a departure from this trend.
Explained: Rajya Sabha Election Process
Legal Provisions and Precedents
- Open Ballot System: An amendment to the Representation of the People Act, 1951 in 2003 introduced open ballot voting for Rajya Sabha elections, aimed at curbing cross-voting.
- Tenth Schedule (Anti-Defection Law): Introduced in 1985, this Schedule disqualifies legislators who voluntarily give up party membership or vote against party instructions. However, it does not apply to Rajya Sabha elections.
- Court Rulings: The Supreme Court, in cases such as Kuldip Nayar versus Union of India (2006), upheld the open ballot system while clarifying that voting against party candidates in Rajya Sabha elections does not invoke disqualification under the Tenth Schedule.
Current Challenges and Legal Remedies
- Cross-Voting Impact: Instances of cross-voting undermine the democratic process and erode electoral integrity.
- Judicial Intervention: The Supreme Court may initiate suo moto proceedings or review existing judgments to address the issue of cross-voting.
- Disqualification Criteria: Voting against party lines in Rajya Sabha elections may be considered voluntary defection, warranting disqualification under the Tenth Schedule.
Way Forward
- Upholding the Intent: Instances of cross-voting undermine the transparency aimed at by the open ballot system, raising questions about the effectiveness of existing mechanisms.
- Judicial Intervention: The Supreme Court’s commitment to safeguarding democracy provides hope for addressing cross-voting issues through suo moto Public Interest Litigation or appeals against disqualification rulings.
- Revisiting Precedents: There is scope for the court to reinterpret its previous rulings in light of evolving circumstances, potentially aligning the consequences of cross-voting with the principles of the Tenth Schedule.
- Deterrent Measures: Clarifying that cross-voting may constitute grounds for disqualification under the Tenth Schedule could serve as a deterrent against future instances.
Conclusion
- Upholding the principles of free and fair elections requires addressing the challenge of cross-voting in Rajya Sabha elections.
- Judicial intervention and enforcement of existing laws are essential to safeguarding the integrity of the electoral process and preserving democratic norms.
Try this PYQ from CSP 2020:
Rajya Sabha has equal powers with Lok Sabha in
(a) the matter of creating new All India Services
(b) amending the Constitution
(c) the removal of the government
(d) making cut motions
Post your responses here.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Devolution of Taxes
Mains level: Read the attached story
Introduction
- Recent agitations and concerns raised by state governments highlight critical issues in the practice of fiscal federalism in India.
- Kerala and Karnataka governments, supported by others, have underscored the urgency for the 16th Finance Commission (FC) to address vertical and horizontal inequalities in devolution
Also read:
Explained: Financial Devolution among States
Trends in Vertical Devolution
- Shrinking Divisible Pool: Historically, the divisible pool consisted mainly of income taxes and excise duties shared with states. However, recent changes have seen the exclusion of certain taxes, like corporation taxes, from the divisible pool, reducing the share available for states.
- Expansion of Cesses and Surcharges: Despite the GST implementation, new cesses and surcharges continue to be introduced, contributing to the exclusion of an increasing share of gross tax revenue from net proceeds, impacting vertical devolution.
- Conflicting Data: Discrepancies in government-released information on the quantum of cesses and surcharges have raised concerns about transparency and accurate reporting, which are vital for assessing the true extent of vertical devolution challenges.
Financial Implications
- Collection Trends: Disaggregated data analysis reveals a significant rise in the collection of cesses and surcharges over the past decade, with amounts not shared with states but retained solely by the Union government, exacerbating the vertical devolution imbalance.
- Cumulative Collection: Cumulatively, substantial amounts have been collected as cesses and surcharges, depriving states of their rightful share and necessitating corrective measures to address historical wrongs in vertical devolution.
Challenges in Tied Transfers
[A] Nature of Transfers:
- Central Schemes: The requirement for state contributions to centrally sponsored schemes and central sector schemes places a financial burden on states, undermining their fiscal autonomy and perpetuating a patron-client relationship with the Union government.
- Conditionalities: Grants provided to states often come with conditionalities, such as labelling requirements, further limiting states’ flexibility in utilizing funds according to their specific needs.
- Loan Nature: Most capital transfers to states are in the form of loans, adding to states’ debt burdens and constraining their financial freedom.
[B] Impact on Federal Dynamics:
- Centralizing Tendency: Imposed conditionalities and the reliance on centrally sponsored schemes reinforce a centralizing tendency, eroding the principles of cooperative fiscal federalism and undermining states’ autonomy in fiscal matters.
- Substitution of Untied Transfers: The substitution of untied transfers with centrally sponsored schemes introduces rigidity in Union-State relations, hindering effective collaboration and diluting the spirit of cooperative federalism envisioned in the Indian federal structure.
Scrutiny by Comptroller and Auditor General (CAG)
- Non-Transfer of Funds: Instances of non-transfer or short transfer of collected amounts, as highlighted by the Comptroller and Auditor General (CAG), raise concerns about the effective utilization of funds and the transparency of financial management practices.
- Consequences:
- Defeat of Collection Logic: The failure to transfer cesses and surcharges to the designated reserve funds undermines the intended purpose of their collection, leading to inefficiencies and potential misappropriation of funds.
- Ruse for Fund Diversion: The discrepancies in fund transfers raise suspicions regarding the true intent behind cesses and surcharges, with indications that they may serve as a means to divert funds away from the divisible pool for other government expenditures.
Deviations from Finance Commission (FC) Recommendations
[A] Assessment of Union Government’s Claims:
- Retention of Gross Tax Revenue: While the retention of a portion of gross tax revenue by the Union government has a basis in constitutional provisions, the failure to adhere to FC recommendations on sharing net proceeds raises questions about the government’s commitment to equitable fiscal federalism.
- Failure in Net Proceeds Sharing: Analysis of the share of central taxes devolved to states against FC-stipulated percentages reveals consistent underperformance by the Union government, indicating a significant deviation from FC recommendations.
[B] Quantitative Analysis:
- Shortfalls: Comparisons of actual devolutions with FC-recommended shares highlight substantial shortfalls, amounting to significant cumulative amounts over the years, representing a systemic failure in achieving equitable distribution of resources among states.
- Cumulative Impact: The cumulative amounts not devolved to states underscore the magnitude of the fiscal imbalance and the urgent need for corrective measures to rectify historical injustices in vertical devolution.
Way Forward: Reform Agenda for the 16th Finance Commission
[A] Corrective Measures
- Compensations to States: Addressing historical wrongs in vertical devolution requires compensatory measures to ensure fair resource distribution among states and rectify past imbalances.
- Accurate Reporting: Mandating accurate reporting of “net proceeds” in budget documents is essential for transparency and accountability in fiscal management, enabling stakeholders to assess the true extent of resource allocation.
- Addressing Shortfalls: Providing lump sum untied grants to states to offset past shortfalls in devolution is crucial to restoring states’ fiscal autonomy and promoting cooperative federalism.
[B] Legislative Action:
- Limiting Cesses and Surcharges: Enacting legislation to impose strict limits on the collection of cesses and surcharges, with provisions for automatic expiry and prevention of rechristening, is necessary to prevent misuse and ensure transparency in revenue generation.
Conclusion
- The stance of the 16th Finance Commission on vertical devolution is pivotal for the survival of fiscal federalism in India, requiring decisive action to address existing challenges and uphold the principles of cooperative federalism.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Karnataka Temple Bill, Article 26, 26
Mains level: Separation of State from Religion
In the news
- The Karnataka government’s recent move to amend the law governing the taxation of Hindu temples sparked significant debate and controversy.
- It aims to overhaul the existing framework, particularly in terms of income allocation and management.
Proposed Changes in Temple Taxation
The Karnataka Hindu Religious Institutions and Charitable Endowments (Amendment) Bill, 2024 aimed to modify several provisions in the existing law:
- Income Allocation: The proposed change sought to divert 10% of the gross income of temples earning over Rs 1 crore annually to a common pool for temple maintenance. Section 19 of the Act outlines the purposes for which the common fund may be utilized, including religious studies, temple maintenance, and charitable causes.
- Shift in Calculation: This change would shift from the previous norm of allocating 10% of the net income of temples with earnings over Rs 10 lakh annually.
- Dedicated Common Pool: Additionally, 5% of the income of temples earning between Rs 10 lakh and Rs 1 crore annually would have been dedicated to the common pool.
- Priests Welfare: The Congress government proposed utilizing the enhanced funds to support lower-income temples, provide assistance to ailing priests, and offer scholarships to priests’ families.
Additional Amendments Proposed:
- Committee of Management: The Bill proposed including a member skilled in Vishwakarma Hindu temple architecture and sculpture within the committee of management for temples.
- Authority of Rajya Dharmika Parishat: It granted the Rajya Dharmika Parishat the power to appoint the chairman of temple management committees.
- Infrastructure Oversight: The Bill mandated the creation of district-level and state high-level committees to oversee infrastructural projects facilitating temple pilgrimage.
Criticism and Opposition
- Interference into Religious Matters: BJP leaders accused the government of attempting to “rob” Hindu temples and questioned the selective targeting of Hindu institutions.
- Questioning Motives: Concerns were raised regarding the selective taxation of Hindu temples, prompting questions about the government’s intentions.
Constitutional Insights into the Issue
The proposed Bill, which aimed to divert a percentage of temple income to a common pool, raised concerns about government interference in temple finances, potentially infringing on these constitutional rights under:
- Article 25: Ensures individuals’ freedom to profess, practice, and propagate religion, subject to public order, morality, and health.
- Article 26: Grants religious denominations autonomy to manage their religious affairs and establish institutions for religious and charitable purposes.
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Comparison with Other States
- Telangana’s Model: Similar to Karnataka, Telangana also mandates temple contributions towards a common good fund, utilized for temple maintenance and related expenses.
- Kerala’s Devaswom Boards: Kerala’s temples are managed by state-run Devaswom Boards, each with its own budget and administrative laws, overseen by government-appointed nominees.
Issues with the Bill
- Government Interference: The appointment of members from Hindu and other religions to temple management committees raises concerns about state involvement in temple affairs.
- Contradiction to Secularism: Perceived as contradicting the principle of secularism advocating for a separation of religion and state involvement in religious matters.
- Conflict with Autonomy: Opposition to the diversion of temple income for a common pool fund highlights concerns about encroachment on religious autonomy and financial mismanagement by the state.
Conclusion
- The Karnataka temple bill controversy underscores the complex interplay between governance, religion, and finance.
- While intended reforms aimed to enhance temple infrastructure and support, differing interpretations and political alignments led to its rejection.
- As states grapple with temple management, a balance between tradition, governance, and public welfare remains a constant challenge.
Try this Question from CS Mains 2018:
Q.How the Indian concept of secularism different from the western model of secularism? Discuss. (10)
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Criminality of Politicians, Vote Bank Dynamics
In the news
- The Association for Democratic Reforms (ADR) and the National Election Watch has found that 36% of the newly elected Rajya Sabha candidates have declared criminal cases against themselves.
Context:
- Increase in Serious Crimes: 17% of total candidates face serious criminal charges, including with cases related to attempted murder, underscoring the gravity of the situation.
- Biased Representation: Approximately 21% of the candidates are billionaires, with assets exceeding Rs 100 crore, reflecting the significant wealth amassed by certain individuals in the political arena.
- Prevailing disparities: The majority (76%) of candidates belong to the 51-70 age group, with only 19% being women, reflecting gender disparities in political representation.
Why does Criminality persist in Indian politics?
- Political Patronage: Criminals seek political backing to sustain their illicit activities, while politicians rely on criminals for funding, muscle power, and electoral support.
- Protracted Legal Processes: Lengthy court proceedings, averaging around 15 years, coupled with declining conviction rates, allow criminals to evade justice and continue their political careers.
- Legal Ambiguity: Pending cases become a shield for tainted candidates, who exploit the “law will take its own course” narrative to deflect scrutiny.
- Electoral Advantage: Candidates with criminal records may have higher chances of winning elections, incentivizing parties to field them despite ethical concerns.
- Limited Scrutiny: Despite legal mandates for candidates to disclose criminal cases, voters often lack the awareness or resources to scrutinize this information effectively.
- Vote Bank Dynamics: Parties exploit caste, religious, or regional loyalties, prioritizing short-term gains over candidate integrity.
Impacts of Criminality in Indian politics:
- Corrosive Effects: The fusion of crime and politics has corrosive effects on the governance. The nexus between crime and politics can exacerbate corruption and weaken governance structures. When politicians with criminal backgrounds hold office, there is a higher likelihood of corruption, misuse of power, and a lack of transparency in decision-making processes, all of which can have detrimental effects on the economy.
- Undermining Democracy: Allowing criminals in politics undermines the development of a healthy democracy that India’s freedom fighters fought for. The impact extends to the provision of public goods. Research findings suggest that the effects are concentrated in less developed and more corrupt Indian states, indicating that the presence of criminal politicians hinders the effective delivery of public goods and services to constituents.
- Economic Growth: While criminal candidates may win elections in the short term, their presence can hinder the long-term development of a robust democracy. The election of criminally accused politicians leads to lower economic growth in their constituencies. Studies show a 22% point lower yearly growth in the intensity of night-time lights, which serves as a proxy for economic activity, following the election of such politicians.
Measures Taken to Address Criminalization in Politics
[A] Legislative Interventions
- Representation of the People Act, 1951: Sections 8(1), 8(2), and 8(3) establish grounds for disqualification of individuals convicted of certain offenses, barring them from contesting elections.
- Conduct of Election Rules, 1961: Mandates candidates to file affidavits disclosing pending criminal cases and convictions, enhancing transparency in electoral processes.
- Chapter IX A of Indian Penal Code: Defines and penalizes electoral offenses such as bribery and undue influence, deterring criminal activities in elections.
[B] Establishment of Special Courts
- Judicial Mechanisms: Special courts dedicated to expediting criminal cases against legislators and parliamentarians help ensure timely justice and accountability.
- Tackling Impunity: Targeted prosecution of political figures accused of criminal activities reduces impunity and strengthens the rule of law.
[C] Vohra Committee Report (1993)
- Comprehensive Analysis: The Vohra Committee investigated the political-criminal nexus, highlighting its extent and proposing strategies to combat this menace.
- Policy Recommendations: Recommendations from the report informed policy decisions aimed at disrupting criminal networks operating within political structures.
[D] Election Commission Initiatives
- Affidavit Reforms: Election Commission directives mandate candidates to declare criminal records, financial assets, and educational qualifications, empowering voters with crucial information.
- Moral Code of Conduct: Effective enforcement of ethical standards during elections minimizes the influence of criminal elements and promotes fair electoral practices.
Major Judicial Interventions
|
Background |
Key Outcome |
Significance |
| Union of India vs. Association for Democratic Reforms (2002) |
Challenged lack of transparency in electoral processes regarding candidates’ records. |
Supreme Court mandated Election Commission to compel candidates to disclose criminal, financial, and educational details. |
Empowered voters with vital information for informed choices, fostering accountability in elections. |
| Ramesh Dalal vs. Union of India (2005) |
Imposed disqualification criteria for convicted candidates. |
Supreme Court ruled sitting MPs/MLAs would be disqualified if convicted and sentenced to imprisonment for two years or more. |
Established stringent disqualification criteria to deter candidates with criminal backgrounds, enhancing integrity of elected representatives. |
| Lily Thomas vs. Union of India (2013) |
Addressed interpretation of Section 8(4) of the Representation of the People Act, 1951. |
Supreme Court declared Section 8(4) unconstitutional, disqualifying legislators convicted and sentenced to two years or more. |
Closed loopholes allowing convicted legislators to retain seats, reinforcing accountability and integrity in the political system. |
| People’s Union for Civil Liberties vs. Union of India (2013) |
Addressed voters’ rights to reject candidates with criminal backgrounds through NOTA. |
Supreme Court ruled voters could reject all candidates using NOTA in electronic voting machines (EVMs). |
Introduced NOTA as a voting option, empowering voters to express dissatisfaction with criminalized politics, and promoting cleaner elections. |
Way Forward
- Decriminalization Legislation: Enact laws to prevent individuals facing serious criminal charges from contesting elections, ensuring that those with criminal backgrounds are barred from political office.
- State Funding of Elections: Introduce state funding of elections to reduce the influence of money and muscle power, thereby minimizing the role of criminals in financing political campaigns.
- Enhanced Voter Awareness: Educate voters about the detrimental effects of criminalization in politics and provide easily accessible information about candidates’ backgrounds to enable informed decision-making.
- Empowering Election Commission: Grant Election Commission broader regulatory powers to enforce inner-party democracy, regulate party finances, and curb the influence of criminals in political parties.
- Continued Judicial Oversight: Uphold the judiciary’s role in safeguarding electoral integrity by delivering landmark judgments that reinforce accountability, transparency, and ethical conduct among elected representatives.
- Strict Enforcement of Disqualification Criteria: Ensure strict implementation of disqualification criteria for convicted politicians, irrespective of their appeals or legal maneuvers.
Try this question from CS Mains 2017:
Q. Young people with ethical conduct are not willing to come forward to join active politics. Suggest steps to motivate them to come forward. (150 Words, 10)
Post your responses here.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: National Science Day
Mains level: RD ecosystem in India
In the news
- National Science Day is commemorated on Feb 28 every year to commemorate the birth anniversary of Sir CV Raman.
About National Science Day 2024
- Theme: “Science for Sustainable Development” underscores India’s commitment to leveraging science and technology for long-term socio-economic progress.
- Key Driver: Science and technology play pivotal roles in India’s journey toward achieving developed nation status by 2047, aligning with global sustainability goals.
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The Current Scenario: R&D Spending in India
- Low Expenditure: India’s expenditure on research and development (R&D) stands at a mere 0.64% of GDP, a concerning figure for a nation aspiring for technological advancement.
- Stagnant Growth: Despite calls to double R&D spending, India’s allocation for fundamental research has seen a decline in recent years, highlighting the need for enhanced investment in scientific endeavours.
Comparative Analysis with Developed Nations
- Global Benchmarks: Developed nations typically allocate 2-4% of their GDPs to R&D, showcasing a stark contrast to India’s minimal spending. Moreover, even Nations like South Korea have shown significant growth in R&D expenditures, averaging 10.9% annually over 2000–10 and 7.8% for 2010–19.
- Private Sector Contribution: In economically advanced countries, the private sector contributes significantly to R&D investment, unlike India, where public funding dominates. In leading economies, the corporate sector accounts for about two-thirds of gross domestic expenditure on R&D (GERD), while in India, its share is only 37%. This disparity highlights the need for increased private sector investment in R&D in India.
What is the significance of Sustainable Funding for India’s ‘Science Power’ Ambition?
- Low Corporate Sector Investment: The primary reason for India’s low R&D expenditure is the inadequate investment by the corporate sector. While leading economies see two-thirds of R&D funding coming from corporations, in India, this share is only 37%. Increasing corporate investment in R&D is essential to boost innovation and technological progress.
- Underestimation of GERD Data: There is evidence suggesting that India’s Gross Expenditure on R&D (GERD) data may be underestimated. The current method of data collection relies on surveys and secondary sources like annual reports and databases like Prowess. However, this method may not capture all R&D-performing enterprises, leading to incomplete statistics
- Foreign Investment Discrepancy: Foreign multinational corporations (MNCs) play a significant role in R&D spending in India. However, the latest statistics indicate that foreign MNCs’ R&D spending in India is only about 10% of what U.S. firms report spending in the country. Encouraging higher foreign investment in R&D can contribute to India’s scientific growth.
- Challenges in Data Collection: Collecting accurate data from the private corporate sector poses a challenge due to factors like firms’ reluctance to disclose information and the limitations of existing databases like DSIR and Prowess. Enhancing data collection methods is crucial to obtaining a comprehensive picture of R&D activities in the country.
Challenges Faced by India in Achieving ‘Science Power’ Ambition:
- Limited Research Workforce: India faces a shortage of high-quality universities and appropriate job opportunities for graduates, which impedes the expansion of its research workforce. To enhance scientific capabilities, there is a critical need to establish more top-tier educational institutions and create avenues for skilled professionals in the field.
- Bureaucratic Hurdles: The bureaucratic red tape in India poses a significant challenge to research and innovation. Delays in fund disbursement, lengthy recruitment processes, and administrative inefficiencies hamper the pace of scientific advancements. Streamlining administrative procedures and enhancing efficiency are essential to foster a conducive environment for research.
- Lack of International Collaboration: India has relatively low levels of international collaboration compared to other developing nations, limiting its exposure to global scientific advancements and partnerships. Strengthening ties with international counterparts can facilitate knowledge exchange, technology transfer, and collaborative research initiatives.
- Inadequate Funding: India’s R&D expenditure as a percentage of GDP is significantly lower than other emerging nations like China and Brazil, as well as established economies like the United States and Europe. Insufficient funding limits the capacity for research and innovation, hindering India’s progress in the scientific domain.
- Infrastructure and Technological Challenges: The development of cutting-edge technologies such as artificial intelligence and semiconductor manufacturing requires robust infrastructure and technological capabilities. India’s limited investment in science and technology, coupled with bureaucratic hurdles and outdated procurement systems, hinders the adoption of global best practices and impedes research progress.
Way forward
- Sustainable funding: India is committed in making progress towards becoming a developed country by 2047 through sustainable means, including R&D funding.
- Streamline bureaucracy: India needs to streamline its bureaucratic processes to enhance efficiency and reduce delays in funding and project approvals.
- Increase R&D spending: India aims to increase its Gross Expenditure on R&D (GERD) to 2% of GDP, which is a national goal for some time.
- Improve infrastructure and technology: India needs to improve its infrastructure and technological capabilities to drive innovation and research progress.
- Increase in International collaboration: India aims to increase its international collaboration to facilitate knowledge exchange, technology transfer, and collaborative research initiatives.
Conclusion
- As India commemorates National Science Day under the theme of sustainable development, addressing the imperative of sustainable funding for science emerges as a critical priority.
- By fostering a conducive ecosystem for R&D investment and optimizing budget utilization, India can pave the way for transformative scientific advancements and sustainable socio-economic progress.
Back2Basics: CV Raman and Raman’s Effect
|
Details |
| Birth |
Chandrasekhar Venkata Raman born in Tiruchirappalli, Madras Presidency on 7 November 1888. |
| Appointment in IISc |
Appointed as Director of Indian Institute of Science (IISc) in Bangalore in 1933, served until retirement in 1948. |
| Initial Research |
Published first research paper, “Unsymmetrical diffraction bands due to a rectangular aperture”, in 1906 while still a graduate student. |
| Raman Effect |
Discovered phenomenon where light changes wavelength and frequency upon traversing transparent material, known as Raman Effect. |
| Acoustics |
Worked on theory of transverse vibration of bowed string instruments, studied acoustics of various musical instruments including Indian ones. |
| Colour of Sea Water |
Conducted observations on sea water using spectroscope,
Concluded blue color not due to Rayleigh scattering, studied water color attribution. |
| Spectroscopic Behaviour |
Investigated behavior of crystals spectroscopically, studied composition and characteristics of diamonds and colorful materials. |
| Angular Momentum |
Discovered light photons have angular momentum, shifted to atoms that absorb them. |
| Scientific Institutions |
Established Raman Research Institute in Bengaluru in 1949, became its first director. |
| Awards and Recognition |
Awarded Nobel Prize in Physics in 1930 for work on scattering of light and discovery of Raman Effect, first Indian and Asian to win Nobel in sciences.
Elected member of Royal Society of London in 1924.
Honored with India’s highest civilian award, Bharat Ratna, in 1954.
Received Lenin Peace Prize, Franklin Medal, and Hughes Medal in 1930. |
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Kittur Uprising, Rani Chennamma
Mains level: Women led armed freedom struggles
Introduction
- In 1824, a fleet of 20,000 British soldiers attempted to invade the former princely state of Karnataka, positioning themselves at the foothills of the Kittur fort.
- However, Rani Chennamma, the Queen of Kittur, led a valiant resistance, marking one of the earliest woman-led anti-colonial struggles in India.
Kittur Uprising: Historical Context
- Background: Rani Chennamma’s rebellion against the British East India Company in 1824 is celebrated as a significant event in Karnataka’s political history.
- Revolt Catalyst: The Company’s refusal to recognize Shivalingappa, adopted as the successor of Kittur under the ‘doctrine of lapse’, triggered the conflict.
- Military Confrontation: Rani Chennamma led the Kittur army in a fierce battle against the British forces, resulting in the death of British official John Thackery.
Doctrine of Lapse
- Introduced by Lord Dalhousie in 1848, the Doctrine of Lapse aimed at expanding British territories in India.
- The policy was based on the principle that a princely state without a suitable heir should become part of the British Empire.
- Applied to princely states where the ruler died without a natural or legally adopted male heir, enabling the British to annex those states.
- The policy was seen as illegitimate by many Indian rulers and played a role in the Indian Rebellion of 1857.
- Several states annexed due to this Doctrine, include Satara (1848), Jaitpur (1849), Sambalpur (1849), Udaipur (1850), Jhansi (1853), and Nagpur (1854).
- Prior to the Doctrine of Lapse, princely states had a traditional practice of selecting an heir from a group of candidates known as bhajans.
- The policy was abandoned in 1859, two years after the end of the Company Rule in India.
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Legacy of Rani Chennamma
- Political Leadership: Rani Chennamma’s role as an astute administrator and seasoned stateswoman is highlighted in historical records.
- Popular Perception: Despite her contributions, Rani Chennamma’s significance in national consciousness emerged later, as Karnataka became a state much later than other regions.
- Historical Interpretation: Folklore and local traditions fondly remember Rani Chennamma’s bravery and resilience, portraying her as a protector and guardian in Kannada lavanis or folk songs.
Post-Rebellion Period
- Imprisonment and Death: Following the British capture of Kittur Fort in 1824, Rani Chennamma and her family were imprisoned. She passed away in captivity in 1829.
- Historical Records: Historians emphasize Rani Chennamma’s commitment to serving her people, even during her imprisonment, as evidenced by her efforts to support her family and people.
Commemoration and Contemporary Relevance
- Naanoo Rani Chennamma Campaign: Social groups across India are organizing a national campaign on February 21, commemorating Rani Chennamma’s rebellion.
- Campaign Objectives: The campaign aims to mobilize women against patriarchal, anti-democratic, and casteist forces, invoking Rani Chennamma’s memory as a symbol of resistance and empowerment.
- Political Significance: The campaign underscores the need for gender equality, representation, and social justice, drawing inspiration from Rani Chennamma’s legacy of courage and leadership.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Special Leave Petitions (SLPs)
Mains level: The establishment of regional benches of the Supreme Court in India
Why in the News?
Recently, the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice informed the Lok Sabha that the Law Ministry has accepted its recommendation to establish regional benches of the Supreme Court across India.
About the Supreme Court:
- The Supreme Court of India has three jurisdictions under the Constitution: original, appellate, and advisory.
- The Supreme Court serves as a Constitutional Court as well as a Court of Appeal. The Court sits in benches of varying sizes, as determined by the Registry on the directions of the Chief Justice of India (CJI).
About SC Constitution Benches:
- Constitution Bench typically comprises of five, seven, or nine judges who deliberate on a specific issue related to constitutional law.
- Article 130 says that “the Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint.” It shows that the Supreme Court Rules give the Chief Justice of India the power to constitute Benches.
- Article 145(3) of the Constitution provides for the setting up of a Constitution Bench.
- Under Article 143, a minimum of five judges need to sit for deciding a case involving a “substantial question of law as to the interpretation of the Constitution”, or for hearing any reference, which deals with the power of the President to consult the Court.
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View of Supreme Court on setting of regional benches
- Recently, CJI D.Y. Chandrachud announced his intent to create Constitution Benches of varied strengths as a permanent feature of the Court.
- The Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice had earlier noted that the demand for having regional benches of the Supreme Court is about ‘access to justice,’ which is a Fundamental Right under the Constitution. However, the Supreme Court previously has been continuously rejecting the idea.
- During 2019, former Chief Justice Ranjan Gogoi supported the view, but minimal progress was made during his tenure. In contrast, during the 74-day tenure of former Chief Justice U.U. Lalit, 25 Constitution Bench matters were listed before five-judge benches.
Recommendations by the Law Commissions on the setting of regional benches:
- 10th Law Commission (95th Report), 1984: The Supreme Court of India should consist of two Divisions, namely (a) Constitutional Division, and (b) Legal Division”, and that “only matters of Constitutional law may be assigned to the proposed Constitutional Division”.
- 11th Law Commission (125th Report), 1988: Recommended for splitting the (Supreme) Court into two halves deserves to be implemented.
- 18th Law Commission (229th Report), 2009: Recommended that “a Constitution Bench be set up at Delhi to deal with constitutional and other allied issues”, and “four Cassation Benches be set up in the Northern region/zone at Delhi, the Southern region/zone at Chennai/Hyderabad, the Eastern region/zone at Kolkata and the Western region/zone at Mumbai to deal with all appellate work arising out of the orders/judgments of the High Courts of the particular region”.
Significance of Regional Benches in India:
- High Pendency of Cases: In the Supreme Court, a little more than 80,000 cases are currently pending adjudication out of which 60,000 cases are civil. This cannot be alleviated only through usual methods and is highly dependent upon the efforts and efficiency of the Chief Justice.
- Insufficient Case Disposal Rates: In 2023, the Supreme Court witnessed a 31% increase in the disposal of cases compared to 2022.
- However, such a disposal rate is negligible when compared to the total pendency of cases.
- Democratization of Justice: The setting up of regional benches would also lead to greater opportunities and the democratization of the Bar.
- For example, there was lots of opposition when the jurisdiction of the Tis Hazari Court was divided into different district courts. However, 10-15 years down the line, a vibrant District Bar in Saket, Rohini, and Karkardooma can be seen.
- Access to Justice for All: People are reluctant to accept arbitrary actions of the state and its agencies and are increasingly approaching courts of law. The outcome of such cases demands further adjudication by the Supreme Court. Also, it becomes difficult for people living in States far away from Delhi to agitate their cause.
- Importance of Litigant Presence: It is easy to say that the presence of a litigant is not required in appellate forums but the reality is that every litigant wishes to visit his lawyer and witness court proceedings involving his case.
- Boosting Judicial System with More Judges: The establishment of regional benches will increase the number of judges as well as lawyers resulting in a much-needed boost to our judicial system.
Challenges associated with regional benches:
- Status issues:
- Dilution of sacrosanct nature: Critics argue that the idea of setting up regional benches will lead to Balkanization of the Supreme Court and lessen the binding force of the decisions of the Supreme Court.
- Territorial Interference: India being diverse country, have emerging diverse views in judiciary too. Hence, the newly formed regional benches can create conflict of interest by interfering in the territorial jurisdiction of the HCs which may adversely affect our justice system.
- Implementation issues:
- Rectifying the imbalances: Major of the cases filed in Apex court, arise from nearby High Courts in north India, this imbalance cannot be rectified by using this solution.
- Frivolous Petitions: If Justice is that easily accessible considering geographical aspect, there is a possibility of numerous frivolous petitions being filed.
Way Forward:
- Need for Enhancing Judicial Infrastructure: Some broader judicial reforms are needed to address the systemic issues such as judicial backlog, delay in justice delivery, and judicial vacancies, which are crucial for improving the overall functioning of the legal system.
- Explore the use of technology, such as video conferencing and virtual courtrooms, to enhance access to justice and facilitate remote adjudication of cases, especially in remote or underserved areas.
- Need a balanced approach: The debate on regional benches for the Supreme Court involves considerations of accessibility, case management, and judicial efficiency. While proponents see it as vital for access, opponents emphasize potential drawbacks. Striking a balance necessitates thorough evaluation and careful implementation of reforms.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Raisina Dialogue
Mains level: Factors shaping India's foreign policy
Introduction
- The ninth edition of the Raisina Dialogue will be held from February 23 in New Delhi.
What is Raisina Dialogue?
- The Raisina Dialogue is an annual multilateral conference.
- The inaugural edition was held in March 2016.
- It is held in New Delhi, India.
- It is organized by the Observer Research Foundation (ORF) and held in collaboration with the Ministry of External Affairs of India.
- It is modelled after Singapore’s Shangri-La Dialogue.
- The dialogue brings together policymakers, experts, scholars, and leaders from various fields.
- It focuses on discussing geopolitical, economic, and strategic issues facing the world.
Theme of this year’s edition
- The theme of the 2024 edition is “Chaturanga: Conflict, Contest, Cooperate, Create,” according to a press release by the Ministry of External Affairs.
- The participants will engage with each other over six “thematic pillars”:
- Tech Frontiers: Regulations & Realities;
- Peace with the Planet: Invest & Innovate;
- War & Peace: Armouries & Asymmetries;
- Decolonising Multilateralism: Institutions & Inclusion;
- Post 2030 Agenda: People & Progress; and
- Defending Democracy: Society & Sovereignty.
Why is it a significant event for India’s Foreign Policy?
- International Representation: Reflects India’s aspiration to play a leading role and make significant contributions globally.
- Platform for Engagement: Offers India avenues to engage with key regional and global issues.
- Advocacy for World Order: Demonstrates India’s commitment to a world order based on rules, inclusivity, and cooperation.
- Strengthening Global Image: Enhances India’s reputation as a responsible and resilient global partner.
Similar Dialogues around the World
- Shangri-La Dialogue: Security summit in Singapore organized by the IISS.
- Munich Security Conference: International conference in Germany focusing on security issues.
- Halifax International Security Forum: Forum in Canada addressing global security threats.
- Doha Forum: Dialogue platform in Qatar exploring global peace, security, and cooperation trends.
- Valdai Discussion Club: Russian think tank organizing annual meetings on global politics and economics.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Mundra Port
Mains level: IMEC
Introduction
- Amid ongoing attacks on Israel-linked ships by Yemen’s Houthi rebels in the Red Sea, Israeli Transport Minister Miri Regev has announced an alternative trade route via the Mundra port in Gujarat.
- The route aligns with the India Middle East Europe Economic Corridor (IMEC) project, aiming to link India to Europe via the Middle East.
Why discuss this?
- Houthi Attacks: Houthi rebels in Yemen have been targeting ships connected to Israel in solidarity with Gaza, leading to disruptions in global trade, with about 12% passing through the Red Sea.
- Industry Response: A recent industry agreement grants seafarers the right to refuse to sail through the Red Sea due to safety concerns, further highlighting the gravity of the situation.
New Route via Mundra Port
- Overview: Minister Regev outlined the new trade route in a video from the Mundra port. Goods will travel from Mundra to UAE ports, then proceed by land through Saudi Arabia and Jordan to Israel, primarily using trucks.
- Operational Details: Israeli company Trucknet and UAE’s PureTrans will operate the trucks transporting goods. This route bypasses the Red Sea, ensuring safer passage amidst escalating tensions.
About India Middle East Europe Economic Corridor (IMEC)
|
Details |
| Corridors |
East Corridor: Connects India to the Arabian Gulf.
Northern Corridor: Connects the Gulf to Europe. |
| Infrastructure |
Railroad, Ship-to-Rail networks, and Road transport routes.
Includes an electricity cable, a hydrogen pipeline, and a high-speed data cable. |
| Signatories |
India, the US, Saudi Arabia, UAE, the European Union, Italy, France, and Germany. |
| Ports Connected |
India: Mundra (Gujarat), Kandla (Gujarat), Jawaharlal Nehru Port Trust (Navi Mumbai).
Middle East: Fujairah, Jebel Ali, and Abu Dhabi in the UAE, as well as Dammam and Ras Al Khair ports in Saudi Arabia. |
| Railway Route |
Connects Fujairah port (UAE) to Haifa port (Israel) via Saudi Arabia (Ghuwaifat and Haradh) and Jordan.
Israel: Haifa port.
Europe: Piraeus port in Greece, Messina in South Italy, and Marseille in France. |
Implications and Considerations
- Benefits: The land route promises reduced travel time and costs for Israel, while generating revenue for Saudi Arabia and Jordan through transport fees and duties.
- Challenges: Trucks have limited capacity compared to ships, potentially limiting trade volume. Additionally, the route’s viability hinges on stable diplomatic relations between Israel and the transit countries.
- Long-term Prospects: The route aligns with the India Middle East Europe Economic Corridor (IMEC) project, aiming to link India to Europe via the Middle East. However, the project’s progress may face hurdles due to ongoing conflicts.
Conclusion
- Israel’s initiative to establish an alternative trade route reflects its adaptability amidst regional challenges. While offering immediate relief from Red Sea disruptions, the long-term success of the route depends on diplomatic stability and infrastructure development in the transit countries.
- Despite its limitations, the new route underscores the importance of innovation and collaboration in navigating complex geopolitical scenarios, ensuring continuity in global trade operations.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 270, Article 280 (3)
Mains level: Not Much
Introduction
- Several Opposition-ruled states, particularly from southern India, have voiced concerns over the present scheme of financial devolution, citing disparities in the allocation of tax revenue compared to their contributions.
- Understanding the concept of the divisible pool of taxes and the role of the Finance Commission (FC) is crucial in addressing these issues.
Divisible Pool of Taxes: Overview
- Constitutional Provision: Article 270 of the Constitution outlines the distribution of net tax proceeds between the Centre and the States.
- Share of taxes: Taxes shared include corporation tax, personal income tax, Central GST, and the Centre’s share of Integrated Goods and Services Tax (IGST), among others.
- Finance Commission’s Role: Article 280(3) (a) mandates FC, constituted every five years, recommends the division of taxes and grants-in-aid to States based on specific criteria.
- XVI FC: It consists of a chairman and members appointed by the President, with the 16th Finance Commission recently constituted under the chairmanship of Arvind Panagariya for the period 2026-31.
Basis for Allocation: Horizontal and Vertical Devolution
- Vertical Devolution: States receive a share of 41% from the divisible pool, as per the 15th FC’s recommendation.
- Key criteria for horizontal devolution: For horizontal devolution, FC suggested 12.5% weightage to demographic performance, 45% to income, 15% each to population and area, 10% to forest and ecology and 2.5% to tax and fiscal efforts.
- Income Distance: Reflects a state’s income relative to the state with the highest per capita income (Haryana), aiming to maintain equity among states.
- Population: Based on the 2011 Census, replacing the earlier 1971 Census for determining weightage.
- Forest and Ecology: Considers each state’s share of dense forest in the total forest cover.
- Demographic Performance: Rewards states for efforts in controlling population growth.
- Tax Effort: Rewards states with higher tax collection efficiency.
Challenges and Issues
- Exclusion of Cess and Surcharge: Around 23% of the Centre’s gross tax receipts come from cess and surcharge, which are not part of the divisible pool, leading to disparities in revenue sharing.
- Variation in State Contributions: Some states receive less than a rupee for every rupee they contribute to Central taxes, indicating disparities in revenue distribution.
- Reduced Share for Southern States: Southern states have witnessed a decline in their share of the divisible pool over successive FCs, affecting their fiscal autonomy.
Proposed Reforms
- Expansion of Divisible Pool: Including a portion of cess and surcharge in the divisible pool could enhance revenue sharing among states.
- Enhanced Weightage for Efficiency: Increasing the weightage for efficiency criteria in horizontal devolution, such as GST contribution, can promote equitable distribution.
- Greater State Participation in FC: Establishing a formal mechanism for state participation in the FC’s constitution and functioning, akin to the GST council, can ensure a more inclusive decision-making process.
Conclusion
- Addressing issues of financial devolution requires a collaborative approach between the Centre and the States, focusing on equitable distribution and fiscal federalism.
- Reforms in revenue-sharing mechanisms, along with enhanced state participation in decision-making bodies like the FC, are essential for promoting balanced development and resource allocation across the country.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Money Bill
Mains level: Legislative bypass created by Money Bills
Introduction
- Against the backdrop of significant judicial pronouncements, including recent decisions on the electoral bond scheme and the Aadhaar Act, the Supreme Court grapples with a pivotal question: the delineation of a money Bill.
Why discuss this?
- The ongoing examination before a seven-judge constitution bench highlights the crucial need to define the scope of a money Bill and its broader implications.
- This issue carries substantial weight for legislative efficiency and constitutional adherence.
What are Money Bills?
|
Description |
| About |
A financial legislation exclusively dealing with revenue, taxation, government expenditures, and borrowing. |
| Constitutional Basis |
- Article 110(1): Specifies matters related to taxation, borrowing, and appropriation of funds.
- Article 110(3): Grants the Speaker of the Lok Sabha the final decision on whether a bill qualifies as a Money Bill.
|
| Procedure |
- Introduction in Lok Sabha with the President’s recommendation.
- Consideration and passage in Lok Sabha.
- Transmission to Rajya Sabha for recommendations (no amendments).
- Return to Lok Sabha for consideration of recommendations.
- Acceptance or rejection of recommendations by Lok Sabha.
- Assent by the President without the power to return for reconsideration.
|
| Criteria for a Money Bill |
- Imposition, abolition, or regulation of taxes.
- Regulation of borrowing or giving guarantees by the Government of India.
- Custody of the Consolidated Fund or the Contingency Fund of India.
- Appropriation of money from the Consolidated Fund of India.
- Declaration of any expenditure as expenditure charged on the Consolidated Fund of India.
- Receipt of money into or out of the Consolidated Fund of India or the public account of India.
- Any matter incidental to the specified criteria.
|
| Decision Authority |
Speaker of the Lok Sabha has the final decision on whether a bill qualifies as a Money Bill. |
| President’s Role |
President can either accept or reject a Money Bill but cannot return it for reconsideration. |
| Joint Sitting |
No provision for Joint sitting for the passage such Bill. |
Key Legal Precedents
[1] Prevention of Money Laundering Act (PMLA) Amendments:
- Amendments introduced since 2015 to the PMLA expanded the Enforcement Directorate’s powers, triggering concerns over their passage as Money Bills.
- Critics argue that such significant alterations should have undergone standard parliamentary scrutiny involving both houses.
[2] Finance Act of 2017:
- The Finance Act of 2017, designated as a Money Bill, attracted scrutiny for purportedly aiming to reshape appointments to 19 crucial judicial tribunals.
- Allegations surfaced suggesting a deliberate manoeuvre to enhance executive authority over these tribunals by categorizing the Act as a Money Bill.
- Additionally, changes within the Act relaxed qualifications and experience prerequisites for staffing these pivotal judicial entities, raising concerns of dilution.
[3] Aadhaar Act, 2016:
- The Supreme Court’s 2018 ruling upheld the validity of the Aadhaar Act as a Money Bill, despite lingering legal and procedural uncertainties.
- The government’s argument hinged on the Act’s nexus to subsidies disbursed from the Consolidated Fund of India, justifying its classification as a Money Bill.
- However, the verdict prompted calls for a comprehensive reevaluation, reflecting lingering doubts over the Act’s classification and its implications for parliamentary oversight.
Legal Implications
- Parliamentary Bypass: By categorizing crucial amendments as Money Bills, the standard legislative process involving both houses of Parliament is bypassed, limiting comprehensive scrutiny and deliberation.
- Eroding Rajya Sabha Scrutiny: Critics argue that such amendments, which often encompass far-reaching implications, should undergo thorough examination and debate in both the Lok Sabha and the Rajya Sabha.
- Hasty Lawmaking: Designating important legislations as Money Bills undermines the role of the Rajya Sabha, curtailing its authority in the lawmaking process.
- Against Democratic-Ethos: This erosion of parliamentary oversight raises concerns about the equitable distribution of legislative power and the preservation of democratic principles.
- Lack of Judicial Scrutiny: The judiciary plays a crucial role in adjudicating the legality and constitutional conformity of categorizing amendments as Money Bills.
Future Prospects
- Impending Legal Clarity: The anticipated verdict by the seven-judge bench holds the potential to reshape legislative dynamics, potentially paving the way for renewed challenges against contentious enactments.
- Judicial Review: The judiciary’s vigilance in scrutinizing the validity of money Bills underscores its commitment to upholding constitutional principles and safeguarding legislative integrity.
- Democratic Accountability: The evolving jurisprudence surrounding money Bills epitomizes the judiciary’s role in navigating complex constitutional nuances, ensuring robust legislative frameworks and institutional accountability.
Conclusion
- As the legal saga unfolds, the apex court’s forthcoming pronouncement holds profound implications for India’s legislative landscape and institutional accountability, heralding a new chapter in the nation’s constitutional journey.
Try this PYQ:
Q. Regarding the Money Bill, which of the following statements is not correct? (CSP 2018)
(a) A bill shall be deemed to be a Money Bill if it contains only provisions relating to the imposition, abolition, remission, alteration or regulation of any tax.
(b) A Money Bill has provisions for the custody of the Consolidated Fund of India or the Contingency Fund of India.
(c) A Money Bill is concerned with the appropriation of money out of the Contingency Fund of India.
(d) A Money Bill deals with the regulation of borrowing of money or giving of any guarantee by the Government of India.
Post your answers here.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Section 125 of CrPC
Mains level: Personal Laws contradicting with Gender Equality
Introduction
- The Supreme Court’s scrutiny of maintenance entitlements for divorced Muslim women under Section 125 of the CrPC reignites the discourse on the supremacy of secular laws versus personal laws.
- The ongoing case underscores the need for judicial clarity in navigating the intersection of religious rights and gender equality.
Maintenance Entitlements: Evolution
- Section 125 of CrPC codified to provide maintenance for destitute family members.
- It includes divorced spouses, without religious distinction, subject to the Magistrate’s discretion.
Exception for Muslim Women
- Muslim Women (Protection of Rights on Divorce) Act, 1986: Introduced to address perceived conflicts with religious law post the Shah Bano case, offering maintenance during iddat and extending till remarriage.
- Judicial Pronouncements: Varied interpretations emerged post Danial Latifi v. Union of India (2001), with courts affirming both CrPC and 1986 Act remedies for divorced Muslim women.
Case Background
- Dispute Synopsis: Originating from a challenge by a Muslim man against a Telangana High Court directive for interim maintenance to his divorced wife under CrPC Section 125.
- Legal Argument: Husband contends 1986 Act supersedes CrPC provisions, citing jurisdictional overlap and prior payment during iddat, while wife asserts her right to CrPC maintenance.
Court Proceedings and Observations
- Interpretive Dilemma: Supreme Court underscores the non-obstante clause of the 1986 Act, preserving alternative remedies under CrPC.
- Constitutional Imperatives: Justices emphasize constitutional guarantees of equality, rejecting the notion of legislative intent to bar Muslim women from CrPC relief.
- Precedential Insight: Recent High Court decisions affirm divorced Muslim women’s right to CrPC maintenance, notwithstanding iddat completion or khula pronouncement.
Judgments Referenced in the Input
- Danial Latifi v. Union Of India (2001): Upheld the constitutional validity of the 1986 Act, extending maintenance rights to divorced Muslim women till remarriage, albeit limited to the iddat period.
- Arshiya Rizvi v. State of U.P. and Anr (2022): Allahabad High Court reaffirmed divorced Muslim women’s entitlement to CrPC maintenance post iddat, ensuring continued financial support.
- Razia v. State of U.P. (2022): Further reiterated by the Allahabad High Court, emphasizing the availability of CrPC remedies beyond iddat completion.
- Shakila Khatun v. State of U.P (2023): High Court upheld divorced Muslim women’s right to seek CrPC maintenance, irrespective of religious personal laws.
Injustice Caused to Muslim Women
- Limited maintenance: The 1986 law offers limited maintenance only during the iddat period and extends till remarriage.
- Burden of personal laws: Unlike divorced women from other communities who can seek maintenance under Section 125 of the CrPC without limitations, Muslim women face restrictions imposed by personal laws.
- Financial crisis: This results in inconsistent and inadequate financial support for divorced Muslim women, undermining their economic security and perpetuating gender inequality.
- Unequal treatment: The injustice lies in the unequal treatment of Muslim women under the law, depriving them of the same level of protection and support afforded to women from other communities in matters of divorce and maintenance.
Implications and Future Trajectory
- Judicial Deliberation: Pending verdict poised to shape the landscape of maintenance entitlements, balancing religious autonomy with gender justice.
- Policy Implications: Clarification sought on legislative intent vis-à-vis CrPC and 1986 Act, crucial for uniform application and equitable access to justice.
- Societal Impact: The outcome resonates beyond legal corridors, reflecting evolving societal norms and rights consciousness among marginalized communities.
Way Forward
- Dialogue and Engagement: Foster open dialogue between religious leaders, legal experts, policymakers, and the Muslim community to understand concerns and perspectives.
- Legal Reforms: Consider amending existing laws or introducing new legislation to balance religious autonomy with gender justice, especially in provisions related to maintenance for divorced Muslim women.
- Sensitivity Training: Provide training to legal professionals on handling cases involving Muslim women with cultural competence and understanding of Islamic law while upholding equality principles.
- Alternative Dispute Resolution: Encourage the use of mediation and arbitration within Islamic law to resolve family disputes, including matters of maintenance, fairly and amicably.
- Consultation and Collaboration: Include Muslim women in decision-making processes and policy formulation through consultation, ensuring their voices are heard and perspectives considered.
- Respect for Diversity: Acknowledge diversity within the Muslim community, avoiding generalizations, and upholding principles of pluralism and tolerance in addressing women’s rights issues.
Conclusion
- The apex court’s forthcoming ruling holds the potential to bridge legal schisms and affirm the rights of marginalized segments, reinforcing the constitutional ethos of equality and justice for all.
Try this Question from CS Mains:
Q.1) Do you think marriage as a sacrament is losing its value in Modern India? (2023)
Q.2) What are the challenges to our cultural practices in the name of secularism? (2019)
Post your opinions here.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Godavarman Judgement, Forest Definition
Mains level: Forest land-use management
Introduction
- The Supreme Court issued an interim order on February 19, 2024, emphasizing that states and Union territories (UTs) must adhere to the Definition of ‘Forest’ as established in the TN Godavarman Thirumalpad v. Union of India judgement of 1996.
- This order came during the hearing of a public interest litigation challenging the constitutionality of the Forest (Conservation) Act, which was amended by the Union government in 2023.
Why such move?
- The petitioners highlighted concerns that the 2023 amendment had narrowed the expansive definition of ‘forest’ provided in the Godavarman judgement.
- They argue that this move potentially aims at diverting forest lands for non-forest use.
What is Godavarman Judgement?
- The Godavarman Judgment is a landmark environmental case in India, first heard in the Supreme Court in 1996, commonly referred to as the “Godavarman Case.”
- Originating as a PIL filed by Mr Godavarman, a retired forest officer, it addressed concerns about forest degradation due to various developmental activities without proper environmental clearances.
Key Legal and Regulatory Framework
- Forest Conservation Act (FCA) and Rules: The case primarily interprets and implements the Forest (Conservation) Act, 1980, and the Forest (Conservation) Rules, 1981, aiming at forest conservation and wildlife protection.
- Powers of Central Government: The FCA empowers the central government to declare areas as “reserved forest” or “protected forest,” prohibiting non-forest activities without prior approval. It extends to all forests in India, not just declared reserves.
- Defining Forest: The order defined as any area recorded as forest in the Government record irrespective of the ownership. This definition is broad and encompasses any area recorded as a forest in government records, regardless of its legal status or ownership.
- Analysis:
- Diversion of Forest Land: The case tackled the diversion of forest land for non-forest purposes, emphasizing compliance with the law and due diligence.
- Extent of Central Government’s Powers: It clarified that the central government’s authority under the FCA extends to all forests, irrespective of ownership, emphasizing stringent regulation.
- Emphasis on Sustainable Development: The court stressed the importance of sustainable development in forest conservation and protecting the rights of forest dwellers and tribal communities.
Impact of the Judgement
- Strengthening Forest Conservation Laws: The case led to stricter interpretation and implementation of forest laws, focusing on conservation and protection.
- Increased Judicial Role in Environmental Governance: It established the judiciary as a watchdog in environmental governance, promoting public scrutiny of environmental decisions.
- Protection of Forest Lands: Resulted in the cancellation of projects diverting forest land, contributing to biodiversity conservation.
- Recognition of Rights: Emphasized the recognition and protection of rights of forest dwellers and tribal communities.
- Promotion of Sustainable Development: Highlighted the importance of balancing economic development with environmental protection.
Criticism of the Judgement
- Hindrance to Economic Development: Criticized for hindering economic development and displacing communities.
- Role of Judiciary: Criticized for causing delays in decision-making and project implementation.
Key Points of the Recent Order
- Adherence to 1996 Order: The bench, led by CJI emphasized that states and Union territories (UTs) must adhere to the definition of ‘forest’ as per the Godavarman judgement until the completion of the process of land recorded as ‘forests’ in government records.
- Recording Forest Land: State and UT administrations are directed to prepare records on forest land within a year from the notification of the 2023 amendment as per Rule 16 of the Van (Sanrakshan Evam Samvardhan) Rules, 2023.
- Expert Committees: The Union government is instructed to provide a comprehensive record of land registered as ‘forest’ by expert committees constituted by states and UTs within two weeks.
- Compliance Deadline: All states and UTs must comply with the directions by forwarding the reports of the expert committees by March 31, 2024.
Additional Directions
- Zoo and Safari Establishment: Any proposal for the establishment of zoos and safaris in forest areas other than protected areas shall not be finally approved without prior permission from the Supreme Court.
- Exemption Clause: Section 5 of the Forest (Conservation) Amendment Act, 2023, exempts zoos and safaris from the definition of ‘forests’ within forest areas, excluding protected areas.
- Government Undertaking: The Union government submitted an undertaking that no precipitative steps would be taken concerning forest areas as per the dictionary sense, in line with the Godavarman judgement.
Conclusion
- The Supreme Court’s interim order underscores the importance of preserving forest lands as per the Godavarman judgement and ensuring compliance with environmental protection measures.
- It aims to safeguard the ecological balance and prevent misuse of forest resources for non-forest purposes.
Back2Basics: Universal Definition of Forest
- As per the Conference of Parties (CoP) 9-Kyoto Protocol, the forest can be defined by any country depending upon the capacities and capabilities of the country.
- Forest- Forest is defined structurally on the basis of
- Crown cover percentage: Tree crown cover- 10 to 30% (India 10%)
- Minimum area of stand: area between 0.05 and 1 hectare (India 1.0 hectare) and
- Minimum height of trees: Potential to reach a minimum height at maturity in situ of 2 to 5 m (India 2m)
India’s definition of Forests
The definition of forest cover has clearly been defined in all the India State of Forest Report (ISFR) and in all the International communications of India.
- The forest cover is defined as ‘all land, more than one hectare in area, with a tree canopy density of more than 10 percent irrespective of ownership and legal status.
- Such land may not necessarily be a recorded forest area. It also includes orchards, bamboo and palm’.
Classification of forest cover
In ISFR 2021 recently published has divided the forest cover as:
- Inside Recorded Forest Area: These are basically natural forests and plantations of Forest Department.
- Outside Recorded Forest Area: These cover mango orchards, coconut plantations, block plantations of agroforestry.
Forest Survey of India (FSI) Classification
- FSI classifies forest cover in 4 classes.
- Very Dense forest: All lands with tree cover (including mangrove cover) of canopy density of 70% and above.
- Moderately dense forest: All lands with tree cover (including mangrove cover) of canopy density between 40% and 70%.
- Open forests: All lands with tree cover (including mangrove cover) of canopy density between 10% and 40%.
- Scrubs: All forest lands with poor tree growth mainly of small or stunted trees having canopy density less than 10%.
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