Type: op-ed snap

Central Idea:

The article discusses a recent Supreme Court decision regarding the remission of 11 convicts in the Bilkis Bano case. It highlights the court’s condemnation of illegalities and collusion between the petitioners and the Gujarat government. While celebrating the decision as a triumph for justice, the author also raises concerns about the lack of transparency and unchecked discretion in the remission process.

Key Highlights:

• The Supreme Court cancels remission orders for 11 convicts due to fraud and collusion with the Gujarat government.
• The decision is praised for upholding the rule of law and addressing the exceptional injustice faced by Bilkis Bano.
• The article acknowledges the inspiring resilience of Bilkis Bano and applauds women’s rights lawyers for their commitment.

Key Challenges:

• Lack of transparency in the formation and decision-making process of remission committees.
• Unchecked discretion and potential for arbitrary exercise of power in remission decisions.
• Concerns about non-application of mind and identical orders in the remission process, as seen in the Bilkis Bano case.

Key Terms:

• Remission: Reduction of sentence through earned days based on rehabilitation activities.
• Per incuriam: Declared as illegal due to a mistake or oversight.
• Retributive punishment: Focused on punishment rather than rehabilitation.
• Judicial review: Examination of a decision for legality and fairness.
• Usurpation of power: Unauthorized assumption of authority.

Key Phrases:

• “Injustice of exceptionalism”: Describes the grant of remission in the Bilkis Bano case as a unique and unjust situation.
• “Resilience that prevailed”: Commends Bilkis Bano’s enduring strength in the face of injustice.
• “Soothing balm”: Refers to the comfort provided by the Supreme Court’s firm decision.
• “Unchecked discretion”: Highlights the potential for arbitrary decision-making in remission cases.

Key Quotes:

• “Rule of law and equality before the law would be empty words if their violation is not a matter of judicial scrutiny.”
• “Remission is rooted in the logic that prisons are meant to be rehabilitative spaces.”
• “Justice Nagarathna’s words come as solace in light of the disturbing memory of the celebrations that followed the release of the 11 convicts.”

Key Examples and References:

• Bilkis Bano case: Illustrates the background of the Supreme Court decision and the injustices faced by the victim.
• Union of India vs V. Sriharan (2015): Reference to a Constitution Bench decision on the appropriate government for remission.
• Epuru Sudhakar vs State of Andhra Pradesh (2006): Supreme Court ruling on the judicial review of remission orders.

Key Facts and Data:

• Life convicts must serve a minimum of 14 years before applying for remission.
• Remission policies in some states deny opportunities based on crime categories.
• The Gujarat government’s remission orders for the 11 convicts were identical.

Critical Analysis:

The article raises concerns about the arbitrary exercise of power in remission decisions, citing the lack of transparency and identical orders in the Bilkis Bano case. It prompts a reflection on whether certain offenders should be ineligible for remission or if a focus on fair compliance with conditions is more appropriate.

Way Forward:

• Advocate for increased transparency in the formation and functioning of remission committees.
• Emphasize the importance of considering individual circumstances and compliance with remission conditions.
• Encourage a reevaluation of remission policies to avoid blanket denials based on crime categories.
• Address the issue of unchecked discretion to ensure a fair and rehabilitative approach in the remission process.

Central Idea:

• The article explores challenges to the credibility of the rule of law, emphasizing the delicate balance between traditional norms and modern adaptations.
• Recent legal reforms in India, particularly the Jan Vishwas Act, are discussed, along with concerns about potential abuses of power through shortcuts in law enforcement.

Key Highlights:

• The article underscores the significance of faith in the inherent goodness of legal norms for trust in the rule of law.
• Discussion on the Jan Vishwas Act addressing outdated laws to facilitate business activities and reduce compliance burdens.
• Replacement of colonial-era laws with the Bharatiya Nyaya (Second) Sanhita to modernize legal thinking and rebuild credibility.
• The credibility crisis is attributed to shifts in perceptions of law as a power resource and the adoption of shortcut methods in law enforcement.

Key Challenges:

• Potential misuse of power through encounters and ‘bulldozer’ methods without democratic checks and balances.
• Concerns about the crude nature of an abridged rule of law, leading to arbitrary justice and unpredictability.

Key Terms:

• Jan Vishwas Act
• Bharatiya Nyaya (Second) Sanhita
• Credibility crisis
• Shortcut or abridged rule of law model

Key Phrases:

• “Normative raison d’etre” – referring to the fundamental basis or justification of norms.
• “Smart governance” – addressing infirmities and outdatedness in laws through effective governance.
• “Encounter killings” and “bulldozer action” – methods of law enforcement discussed in the article.

Key Quotes:

• “Fear of imprisonment for minor offences is a major factor hampering the growth of the business ecosystem.”
• “The real credibility crisis of the rule of law is located not so much at the normative level but at the level of the rule of law reality.”

Key Statements:

• Acknowledgment of the government’s faith in the traditional rule of law as a positive aspect.
• Highlighting the dangers of growing reliance on shortcut or abridged rule of law models.

Key Examples and References:

• The Dandi March as an example of civil disobedience against an unjust law.
• Instances of police encounters and ‘bulldozer’ actions leading to potential abuses of power.

Key Facts:

• The Jan Vishwas Act addressed changes in numerous central Acts, including the Indian Post Office Act, and the Cinematograph Act.
• Replacement of colonial-era Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act in the second phase.

Critical Analysis:

• The article critically examines the evolving landscape of the rule of law, highlighting potential challenges and consequences of shortcut methods in law enforcement. It questions the credibility crisis and emphasizes the importance of maintaining faith in traditional norms.

Way Forward:

• The article suggests staying alert to the dangers of shortcut or abridged rule of law models.
• Encouragement to continue faith in the traditional rule of law while acknowledging the need for necessary reforms.