******RTI

Intro
RTI Act 2005- Water shed event - Empowered citizens (truly democracy)
60 lakh application each year

Conlcu
The measure of progress of any democracy is the level of empowerment of ordinary citizens. When
the state seeks to take away power from ordinary citizens, it is at the cost of democracy itself.

Fact
India rose by 3 ranks to 78/180 in 2018 - Corruption perception index by Transparency
International (81 in 2017)

RTI ACT 2005 - PROVISIONS

Right to information to all citizens
right to information = FR under article 19
information can be obtained in Hindi, english, local official language
max time limit to provide information = 30 days- empowers indian citizens for requesting any
information from public authority which is required to reply within 30 days
in case 3rd party interest are involved = 40 days
the Commission to fine any official who did not follow the mandate.(from their salaries )
fee = Rs 10
no fee by BPL people
if information not provided within time limit, no fees
each authority must appoint public information officer PIO ;
exemptions – IB, CRPF, DRI, NCB, BSF ; OSA

ADVANTAGES
Earlier seeking of info – difficult – OSA 1923
Now - simple procedure to get information
Also Sec 6 - explicitly says - no requirement of giving any reason for information
reduce arbitrariness in decision making
check corruption
2G scandal -> came to the forefront through RTI
Transparency
accountability
Public trust in public services
reduce nepotism
in 2013, RTI based investigation showed many MP had employed their family member as
personal assistance -> intervened by RS ethics committee

DISADVANTAGES / REALITY OF RTI

Citizens not go through info available on site
 harassment of many honest officers
demoralised many gov officers from taking innovative and faster decisions - focus on paperwork
morewastage of scarce government resources
Hence SC - one more ground given to reject information - ie.. “no locus standi"

CHALLENGES IN EFFECTIVE IMPLEMENTATION

Recent dilution (RTI Act)
structural challenges
staff shortage in CIC
variation in functioning of SIC of different states
logistics challenges
large pendency due to non digitization of physical records
Also dont want 75% of time officials spending 75% of time in obtaining info and replying.
lack of infrastructure with public authority
huge cost incurred by public authority in providing information
procedural challenges
Not in demanded fashion, incomplete, complex jargon
official secret act 1923 – tool to deny information

WAY AHEAD TO REDUCE NEGETIVE IMPACT OF RTI

1. REDUCE PENDENCY
2019: about 30,000 appeals were pending
4/10 positions of IC are vacant.
2. Ensuring Safety of RTI Activists/ whisteblowers
80 RTI activists have been murdered since 2005 for seeking information on illegal construction,
alleged scams in social welfare schemes, and corruption in panchayats.
3. Pruning the EXCLUSION LIST
Government -has power to increase the list of exemptions by an executive order—>change to
legislature
Since 2005 list grown from 18 to 26.
4. Constitutional status to CIC
5. Bringing Political Parties under ambit of RTI
By officials
Suo moto disclosure e.g. Rajasthanʼs Jan sochan portal
Give accurate and complete info
Citizens
penalty for frivilous RTI application , ppl increasing workload or harassing officers

SC recent Judgement in RTI

News
CJI under RTI - Subhash Chandra Agarwal 2019case a five-judge Constitution Bench of Supreme
 CJI under RTI Subhash Chandra Agarwal 2019case a five judge Constitution Bench of Supreme
Court declared that the Office of the Chief Justice of India (CJI) is a ʻpublic authorityʼ under the
Right to Information (RTI) Act.

Conclusion
SC rightly observed that “transparency and accountability should go hand-in-hand”. Increased
transparency under RTI was no threat to judicial independence. Step in +ve direction —> may
impinge upon issues such as disclosure by other institutions such as registered political parties.

Background
In 2007, Subhash Chandra Agarwal, RTI activist had sought the information regarding a ʻresolution
passed by Supreme Court (SC) judges in 1997ʼ that said “every Judge should make a declaration
of all his/her assets” (it wasnt compulsory)
Also in 2009 - Agarwal had sought information regarding details of correspondence between
the Collegium and the government
SC refused to share the information in both cases. Agrawal then moved to the Central Information
Commission (CIC), which ruled that the office of the Chief Justice of India falls under the ambit of
the RTI Act.
However, in 2010, Delhi High Court upheld the CIC ruling pronouncing that the CJI came under the
ambit of the RTI Act.
The Supreme Court approached itself by filing a petition against the Delhi High Court ruling, which
was subsequently referred to five-judge Constitution bench.

SC Judgement
On whether CJI is public authority?
SC and office of CJI are not two different public authorities. The SC includes the office of CJI and
other judges as per Article 124. —> hence...
On declaration of assets of judges
The information about assets of judges does not constitute personal information and thus
cannot be exempted from RTI.
On collegium notes
“Right to information should not be allowed to be used as a tool of surveillance.” - need
independence of judiciary

On disclosing personal information

Right to know under RTI was not absolute and ought to be balanced with
test of proportionality and
privacy and
independence of judiciary.
Also for appellate authority
personal information, which has no relationship to any public activity or which would cause
unwarranted invasion of the privacy shall be disclosed only if the appellate authority is
satisfied that larger public interest justifies the disclosure.
AS PER CRITICS - this has given PIO chance to refuse disclosure of info
CIC and SIC

News
Govt appoints CIC and IC (despite opposing note from Opp) (2020)

Provisions of RTI act 2005

Term
5 yrs
Salaries, allowances and other terms and conditions of service of the
CIC =CEC
ICs =EC

RTI amendment Act 2019

Term
As decided by centre
Central Government —> salaries, allowances, and other terms and conditions of service
Government has “power to relax” the applicability of provisions of rules.

Arguments presented :
CEC is a constitutional authority whereas CIC and SIC are statutory bodies.. Therefore their status
and service conditions need to be rationalised accordingly.
SECRECY LAWS
OSA 1923
The law meant for ensuring secrecy and confidentiality in governance, mostly on national
security and espionage issues.
Civil services conduct rules 1964
prohibit communication of official document to anyone without authorisation
RTI section 8
exemptions from disclosure

2nd ARC RECOMMENDATIONS

OSA should be repealed

Political parties under RTI

The CIC classified political parties as a public authority bcoz

1. land allotted by the government at cheap rates,
2. free air time with state broadcasters during elections, and
3. are allowed to claim income tax exemptions

AGAINST
Affects smooth f nctioning f PP i ll f fi l RTI b iti d di ill i d
 Affects smooth functioning of PPs, especially from frivolous RTIs by opposition and disillusioned
members of its own PP.
They already submit their audited accounts to EC & IT dept.

SIGNIFICANCE
Check excess election expenditure than ceiling limit for candidates
As often PPs spend indirectly for candidates
Transparency in Political funding

SCOPE OF RTI OVER JUDICIARY

Applies to court
Public authority -
Body created by constitution, parliamentary law, state legislature law, or body owned,
managed or funded by gov
courts come under public authority

Issue
HC do not appoint public information officer (PIO)
RTI fees increased from Rs 10 to Rs 500
penalty for non disclosure reduced from Rs 25000 to Rs 500

SC ON RTI Earlier
decision of registrar general of SC – final and not subjected to any independent appeal to CIC
CJI – unfettered right to prohibit disclosure of any information

IS OPPOSITION TO RTI JUSTIFIED??

Credibility of judges @ risk
collegium system – free and frank discussion critical
Overburdened - many frivilous, politically motivated RTI could be filed
many of the cases of national importance could be affected -> affecting integrity, unity and security of
the country

WHY SHOULD RTI ON JUDICIARY JUSTIFIED??

people in democracy – supreme
every institution – transparent and accountable
increased confidence in fairness of judiciary
collegium system of appointment = opaque
*****15th-14th FINANCE COMMISSION ;

News
15th FC under N K Singh

15th FC issues?
Said :The number of centrally sponsored schemes currently exceeds 150 that needs to be reduced
for better spending as revenue buoyancy in indirect taxes remains weak.

FACTS
A280 - FC Constitution
A275 - statutory grants

Additional mandate
Review current status - (U&S) - fiscal health
Recommended Fiscal Consolidation roadmap
Functions
horizontal and vertical net proceed of tax devolution (centre -> states) (article 280)
PRIs (By state finance commission)
grant in aid to states (eg.disaster management) (article 275)
others as referred by president
disaster management
fiscal deficit review
disinvestment
GST
polavaram
constituted by president every 5th year or before
FC report -> president -> laid to parliament + action taken on recommendation
advisory, quasi judicial body

Factors
Income distance
Population
Area
Forest cover
ToR (Concerns)
Population (2011 census) (Also in 14th FC)
Curtail borrowing of states
From 3% to 1.7%
Performance based initiative factors
Controlling expenditure on Populist measures
Implementation of Union's flagship schemes
Replacement rate of population growth
Possibility for setting a mechanism for defence and internal security

FC reforms - Way ahead :

A continuous FC like GST council
Fiscal transfer outside FC - bring under ISC
Making FC more consensus based
ISSUES regarding FISCAL FEDERALISM

Unitary bias
Vertical Fiscal Imbalance
On avg Revenue expenditure by state gvt - 57%, while revenue capacity - 37%

WHY?
Centre collects major tax revenues moreover it can't be constrained for resources (eg Defence, Rlys)
States hv higher responsibility to deliver G&S, due to proximity to local issues and needs
Leads to higher expenditure than revenue

ISSUE
ToR decided unilaterally by central government (?)
FC members appointed by union
Fiscal autonomy to states (as growing importance on direct tax collection)
Distribution among states
Horizontal Fiscal Imbalance
Meeting revenue expenditure from its revenue capacity
Bihar (37%), Hryna (82%)
Imbalances after liberalization
Unequal capacity among states for infra development
Which was required to attract foreign investments
ToR (15th FC), using 2011 census to calculate population for allocation of funds
Performance based grants
Need to be cautious about backward states
Other concerns
 Financial deterioration of states
ToR (15th FC) curtail borrowing by states

SUGGESTIONS
ISC - Any transfer beyond FC recommendations
ToR - States can be discussed
Least Developed category - for better understanding the development needs of individual states (as
recommended by Raghuram Rajan Committee)
Allowing state to levy a limited tax on personal i/c (as in US & Canada)
FRBM parameters enforcement
But it shud be state specific, than a comprehensive one

CONCLUSION
FC act as balancing wheel of Fiscal Federalism

14th FINANCE COMMISSION

Total transfer to states (vertical distribution = 42%)

formula based, unconditional transfer
difference between special and general category states eliminated
*****Citizen engagement in policymaking
*****Coperative and competitive federalism ; Interstate
and Centre-state Issues
Coperative
Pith and Substance
Competitive
Assymetric
Center - State dispute - Article 131
Coperative

News
Recently Kerala (CAA) and Chhattisgarh (NIA) have filed a suit in the Supreme court challenging the
constitutional validity of various central laws under Article 131 of the Indian Constitution.
CONCLUSION
Rainbow

CONSTITUTIONAL PROVISIONS
Center- state
Existance of Concurrent list
Freedom of Inter-state Trade & Commerce - as per A301
Joint sitting provision in parl.
A312- AIS
Legislation of any law by Parliament for 2 or more states on their consent
Mutual delegation of executive responsibility, with each other's consent
Power to Parliament to adjudicate inter-state river water disputes - A262
Inter state
Full faith and credit clause
Public acts, records and judicial proceedings of Union or state shall be treated equally
throughout the country

COUNCILS
ISC - A263
GST council - Art 279A
Zonal council (State Reorg. Act 1956)

EXTRA CONSTITUTIONAL MEASURES

NITI Ayog

JUDGEMENTS
Union and state while framing law (which trespass in each others jurisdiction) , shall follow Doctrine
of Pith and Substance
Doctrine of colourable legislation

RECENT CHALLENGES (?)

Case filed against central laws
Rise of regional parties in states
Rising demand of smaller states
Secessionist tendencies of NE states and J&K
Growing discontent among southern states
ToR of 15th FC (2011 census population)
Imposition of hindi in Bangalore
Recently, on the occasion of Hindi Diwas, the Union home minister had proposed to
promote Hindi as the countryʼs common language. (2020)

RECOMMENDATIONS / Way ahead :

LEGIALATION
Parliament shall make only skeleton laws wrt Concurrent list and leave the details for states
 Parliament shall make only skeleton laws wrt Concurrent list and leave the details for states
Treaties whose ratification requires legislation on state subjects , shall be first discussed with
states before negotiation
ADMINISTRATION
Set up more AIS in areas like health, engg., education, judiciary etc.
Zonal councils shud meet atleast twice in a year
Reforms related to Governor and ISC

Competitive federalism

Egs
Saubhagya scheme - States given awards for achieving targets in time
Former AP CM visit to South Korea to seek investment and manu plants for electric vehicles.
NITI Ayog SDG index

FOR
Some competition b/w states is inevitable in the info age and era of globalization
Cooperation and competition need not to be exclusive to each other

AGAINST
Further rise unbalanced regional growth due to inherent adv to well off states over backward states

Pith and Substance

Doctrine of Pith and Substance says that where the question arises of determining whether a particular law
relates to a particular subject (mentioned in one List or another), the court looks to the substance of the
matter.

Pith means ʻessence of somethingʼ and Substance means ʻthe most important part of somethingʼ.
Hence in law- find which is most imp part and - then find the essence of it.
If the substance falls within Union List, then the incidental encroachment by the law on the State List
does not make it invalid.

Example
UAPA Act
Whether for protecting integrity and security of nation (Central list) Vs law and order (State
list)
Farm laws

Judgement
SC in Balsara Case 1951 :The basic idea behind this principle is that an act or a provision created by
the State is valid if the true nature of the act or the provision is about a subject that falls in the State
 list.

Maintaining balance:
It is important to ascertain the true nature and character of legislation for the purpose of
determining the List under which it falls.
to provide a degree of flexibility in the otherwise rigid scheme of distribution of powers.
It helps to keep in check overlapping of executive powers.
Upholds sovereignty and autonomy of both central and state governments.

Conclusion:
The doctrine has been applied in several instances- helps maintain the federal balance in the Indian
scheme of things.
Co-operative and competitive federalism
Covid shortage vaccine
West bengal - scheme non implementation
GST tussle
Judicial federalism
Federalism

Federalism during Initial phase of Covid-19 Pandemic : The initial stages of the Covid-19 response
highlighted the unitary tilt in the Indian federal structure. For example,
Implementing a national lockdown using the powers under Disaster Management Act.
The MHA also issued extensive guidelines to states for controlling the pandemic.
Although the State have independent powers under the Epidemic Diseases Act, 1897, State
governments followed the Centreʼs orders.
State governments also requested the central government to continue its administration of the
national lockdown.
In doing so, states ceded considerable decision-making power to the central government

Federalism at present : If the initial phase of Covid-19 management resulted in high centralisation,
then the later phase seen high decentralisation. For example,
The Union government provided adequate autonomy to the states to strengthen their
healthcare facilities. For example, the New Vaccination policy vest 50 percent of the
purchasing of vaccines to the State governments.
Imposition of localised lockdowns: The central government permitted the State government to
impose local lockdowns to control the spread of the pandemic. For example, Lockdowns by Delhi
and Tamil Nadu government.
I l t i l it t iti t th i t f th d i M t t
 Implement social security measures to mitigate the impact of the pandemic. Many state
governments have introduced local health policies, welfare measures for vulnerable sections,
etc.

Challenges to federalism during the pandemic

1. More centralisation: The Centre using its power to push much-needed reforms in the State list
also. For example, The enactment of farm laws and various policies of centre in subjects like
Health, etc.
1. Also incentive in loan (state deficit) if taken reform
2. Loss of Fiscal revenue for States: Drastic reduction in revenue.
3. The centreʼs indulgence in Agriculture:
4. The power of the Centre to approve the FDI inflows: Even many states are negotiating with
foreign investors, they do not have the power to bring FDI into their state. In India, the approval
for FDIs is centralised. The Department for Promotion of Industry and Internal
Trade(DPIIT) being the nodal Ministry for FDI approvals. So, the state governments depend on
the centre for approval/rejection/modification of their Foreign inflows.
5. The power of the Centre to accept Foreign aid: The states have no power to receive foreign aid
to tackle the disaster they face. For instance, During the Kerala Floods, the center turned down
the foreign aid despite the Kerala governmentʼs request for approval of aid.

Initiatives taken to strengthen Federalism during the pandemic

The concept of Fiscal Federalism:
Enhancement of Borrowing Limit of States:
Ways and Means Advances: The Reserve Bank of India (RBI) provides Ways and Means
Advances (WMA) to the States.
Financial Assistance to States: The central government announced the Scheme of
Financial Assistance to States for Capital Expenditure in October 2020. The Scheme
contains total funding of Rs. 12,000 crore.
Maintaining Tax Devolution to States: The 15th Finance Commission recommended 41%
tax devolution.
More active collaboration with states in policymaking: While drafting new legislation- consults
all State Governments. Today, the draft legislations are shared online on websites for larger
outreach and stakeholder consultations.
For example, the drafting of the Model Tenancy Act has involved all State Governments and
stakeholders
States ability to perform foreign economic policy: The Centre encouraging states to negotiate
loans / FDI directly with overseas banks/institutions. Such initiatives have helped some states in
their economic development and reduced their financial dependence on the Centre.
At present, the States also start overseas facilities to attract FDI directly. For example,
Gujarat Government in 2014 set up international desks independently in the USA, China,
Japan for facilitating “INVEST IN VIBRANT GUJARAT”.
GST
ESTABLISHMENT OF THE COUNCIL
The 101st Amendment Act of 2016
Inserted a new Article 279-A in the Constitution.
This Article empowered the President to constitute a GST Council by an order
President issued the order in 2016 and constituted the Council .
The Secretariat of the Council is located at New Delhi. The Union Revenue Secretary acts as the
ex-officio Secretary to the Council.
COMPOSITION OF THE COUNCIL
Members:
(a) The Union Finance Minister as the Chairperson
(b) The Union Minister of State in-charge of Revenue or Finance
(c) The Minister in-charge of Finance or Taxation or any other Minister nominated by
each state government
The members of the Council from the states have to choose one amongst themselves to be the
Vice-Chairperson of the Council.
They can also decide his term.
The Union Cabinet also decided to include the Chairperson of the Central Board of Excise and
Customs (CBEC) as a permanent invitee (non-voting) to all proceedings of the Council.
WORKING OF THE COUNCIL
1/2 of the total number of members of the Council is the quorum for conducting a meeting.
Every decision - majority of not less than 3/4 of the weighted votes of the members present and
voting at the meeting.
Central - 1/3
All state governments
FUNCTIONS OF THE COUNCIL
The Council is required to make recommendations to the centre and the states on the following
matters:
(a) The taxes, cesses and surcharges levied by the centre, the states and the local bodies
that would get merged in GST.
(b) The goods and services that may be subjected to GST or exempted from GST.
(d) The threshold limit of turnover below which goods and services may be exempted from
GST.
(e) The rates including floor rates with bands of GST.
(f) Any special rate or rates for a specified period to raise additional resources during any
natural calamity or disaster.
(g) Special provision with respect to the states of Arunachal Pradesh, Assam, Jammu and
Kashmir , Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, Himachal Pradesh and
Uttarakhand.
(h) Any other matter relating to GST, as the Council may decide.
OTHER FUNCTIONS OF THE COUNCIL
1. The Council shall recommend the date on which the GST may be levied on petroleum crude,
high speed diesel, motor spirit (petrol), natural gas and aviation turbine fuel.
2. When there is a dispute with respect to its recommendations or their implementation, the
 2. When there is a dispute with respect to its recommendations or their implementation, the
Council shall establish a mechanism to adjudicate upon the dispute:
(a) between the centre and one or more states; or
(b) between the centre and any state or states on one side and one or more other states on
the other side; or
(c) between two or more states.
3. The Council has to recommend the compensation to the states for loss of revenue arising on
account of introduction of GST for a period of five years.

INTERSTATE ISSUES
River dispute
Land boundary dispute
Belgaum
Lailapur issue - Assam - Mizoram (burning huts)- no mans land

CENTER-STATE ISSUES
Fiscal federalism
GST
FC
Delhi statehood
Foreign policy -need their involvement- as it affects them also

Constn mechanism
Think on above - what are issue —> and then govt steps e.g. Permanent water tribunal
And in borad sense
Interstate council
Zonal councils
INTER STATE TRADE AND COMMERCE

Center - State dispute - Article 131

News
Kerela has filed petition in SC - under 131 - calling CAA-->violation of basic secular structure of
constitution -
Calling it discriminatory and colourable legislation ; arbitrary and unreasonable
Similarly - CH--> NIA act as “ultra virus” as "parliament do not have power to pass this
legislation”.

Article 131 : “Original jurisdiction of the Supreme Court —

- Between the Government of India and one or more States
- Between the Government of India and any State or States on one side and one or more other States
th th
 on the other
- Between two or more States

Criteria: for 131

Between states and the Centre
Must involve a question of law or fact on which the existence of a legal right of the state or the
Centre depends.

SC Judgement
State of Karnataka v Union of India (1978) - Justice P N Bhagwati
the state need notshow that its legal right is violated, but only that the dispute involves a legal
question.
cannot be used to settle political differences

INTER STATE WATER DISPUTE

article 262 – adjudication of inter state water dispute

parliament can restrict the jurisdiction of SC and other courts in its adjudication
River board act 1956
Empower parliament to establishment of river board for regulation and development of inter
state river and river valley
inter state water dispute act 1956
power to centre to constitute ad hoc tribunal for adjudication
decision of tribunal – final and not subjected to judicial review
8 water tribunal so far
Proposed amendment bill 2019
Dispute Resolution Committee set up by the Central Government for resolving inter-State
water disputes within 18 months —> if not resolved
The bill provides for dissolution of existing tribunals.
Constitution of a single tribunal with different Benches.
It also provides for setting strict timelines for adjudication.

Solution
.....
5 R's -
Personal - REFUSE; REDUCE; REUSE:
Administration - RECYCLE; RECOVER

INTERSTATE COUNCIL

News
Recently, Inter-State Council (ISC) has been reconstituted.
Provisions
article 263
on recommendation of Sarkaria commission on centre state relations (estb 1990)
members
PM – chairman
CM of all states and UT having assembly
governor of states under president rule and UT not having assembly
6 cabinet ministers, including home minister
5 other nominated by PM
permanent invites to council
recommendatory body
may meet 3 times a year
All proceedings in camera, decision by consensus
standing committee of council 1996
Union home minister as chairman
5 cabinet ministers
9 CM
inter state council secretariat (1991) – headed by secretary to GOI

SIGNIFICANCE OF ISC?
Constitutional backing
platform for dialogue
decentralized decision making
makes government more accountable
bridge trust deficit between centre and state

ISSUES?
Advisory body
irregular meetings – standing committee - met after a gap of 12 years (2017)

WAY AHEAD?
Use to solve inter state conflict e.g. river disputes.
Punchi comm
Meet at least 3 times a year
Panel of experts
Corporate
Civil society
Various disciple
Law
Mgmt
Engineering

INTER STATE TRADE AND COMMERCE

INTER STATE TRADE AND COMMERCE

301 – freedom of trade, commerce and intercourse

Subject to Reasonable restrictions put in public interest (by parl)
parliamentary laws to restrict trade
parliament can't discriminate between states except when scarcity of goods in part of india
state laws
prior approval of president
can't discriminate between states

SC JUDGEMENTS
Atiabari Tea Case
Restrictions as reasonable when they are
Regulatory rules
Compensatory taxes
As they promote Trade & Commerce in long run
But they are unconstitutional, if places direct and immediate impediment on freedom of T&C

ZONAL COUNCIL

statutory body, created by state reorganisation act 1956

5 zones: eastern, western, northern, southern, central
each zone has 1 zonal council
members
union home minister
CM of all state in that zone
2 other minister from each state in that zone
administrator from each UT in zone
advisors
person nominated by NITI aayog
chief secretary to gov of each state in zone
development commissioner of each state in zone
each CM act as vice chairman by rotation, holds office for 1 year at a time
advisory body

NORTH EASTERN COUNCIL

north eastern council act 1971
7 sisters + sikkim

News
Recently, government decided to allocated 30% of the North-Eastern Councilʼs (NECʼs) budget for
developing deprived areas.
TYPES OF FEDERALISM

i f d li
*****Local self govt (LSG) / PRI
Conclusion - J and K govt - ʻBack to the village'
No politics is the new poltics - Kerela - Youngsters placed by recognised party at local level
elections (Urban + Rural)
Gazetted officer- 2 days 1 night- For feedback of policies and schemes, energise panchayat,
economic potential, needs analyse.
PRIs strengthening is inevitable if Inclusive development and NITI Ayog's Bottom up Approach
has to be realized.
As an effective local governance translates the political democracy into social and economic
democracy as well

Why needed?
Historical connection
Sabhas & Samitis of Early vedic era
Gandhian value (Attaining true swaraj) enshrined in DPSP
Foundation for democratic sys
Training gnd for leaders of future
Step towards welfare state
Participatory governance
As locus of power is close to people
Potential to reduce regional imbalances with bottom up approach
Citizen Centric governance -
As LG's expertise over local knowledge and needs. Leads to
Efficient provision of basic services
Efficient implementatn of social welfare schemes
Judicial use of fund
Reduce corruption and leakages
Women Empowerment
Panchayat in 5th Schedule Areas (under PESA Act)
Safeguard their local resources and cultural identity

GRAM SABHA

SIGNIFICANCE
Annual administration and audit report of Panchayat
Transparency & Accountability
Social audit of development schemes
Identification of beneficiaries
Increase Awareness abt gvt schemes & policies in public

ISSUES
Unduly large size in some villages
 Lower awareness and literacy level
Irregular meetings
Caste, class & gender divides dominante

SUGGESTIONS
Institutionalization of Social Audits
NGOs-SHGs - managing Gram Sabha meetings

Conclu
Continuous flow of info from Panchayat to Gram Sabha
On lines of parliament- cabinet relationship

Women in PRI

EMPOWERMENT
Political representation
In Women headed panchayats, expenditure on these heads tends to be higher
Clean drinking water supply
Sanitation
Housing
Women headed panchayats also shown great interest in negotiating social evils like
Child marriage
Liquor etc
Increased reporting of gender related crimes, in such PRI constituencies
as social solidarity towards such victims has been raised

ISSUES
Lack of knowledge, information and in some cases illiteracy
Leads to dependence on second hand knowledge
Nominal head
As they lack genuine motivation and mostly nominated bcs of spousal resource
Dual responsibility
Home & office
Gets difficult to deal in rural patriarchal society
Problem of rotational policy
As women are rarely nominated or elected from unreserved seats
SFC - State Finance Commission

ISSUES
Delayed setting up
By now only 3rd or 4th in most of the states
Only Kerela has set up all
Experts rarely appointed
Don't carry out an adequate survey of local body finances
Logistical constraints
Local body accounts - not maintained appropriately
SFC's recommendations
In most cases, Not accepted
If accepted, not notified
If notified, not implemented

RECOMMENDATIONS
SFC report must be tabled within 6 months in LA

Local self govt (LSG) / PRI

FACTS
73rd CA Act
Part IX
 Part IX
DPSP A40

QUOTES
Over-structured but under-empowered organizations
Boasting of constitutional status but suffering from lack of devolution of powers and funds from state
gvt

ISSUES
Lack of adequate will & vision on the part of politico-bureaucratic setup
Lack of transfer of funds, functions and functionaries
Except Kerela
Insufficient local revenue generation
0.3% of total public revenue generation
15% for 3rd tier public bodies in US

Lack of governing capabilites

Inefficient administration and documentation due to absence of dedicated cadre of people working
for PRIs
As per Constn : PRI has 2 major objectives - Planning & implementation
Since most of the funds are tied to centre & state schemes
It merely reduce to an implementing agency of Centre & State sponsored schemes
Inconducive social environment - Social Triangle (CPF)
Casteism
Feudalism
Patriarchy
Continuance of parallel agencies (like DRDA) - further undermines the functional autonomy of PRIs

RECOMMENDATIONS

MAIN OBJECTIVES
Making Plans
DPCs shud be Constituted in each state (eg. Not constituted in Gujrat yet)
District Plans need to be integrated with state plans
Should be bottom up - not top to bottom
Implementating social welfare pgms
PRIs - central role - if program deals with any of the 11th schedule subject
For eg. Mission Antyodaya, MGNREGA
Flexibility while implementation - to take decisions as per PRI's knowledge abt local needs
 Flexibility while implementation to take decisions as per PRI s knowledge abt local needs

RESOURCE GENERATION
SFC need to recommend a fixed % share of revenue from state's share to be transferred to PRIs and
this need to be followed in spirt
Devolved taxation domain shud be expanded
PRIs don't even exploit their limited taxation powers fully
Due to fear of popular backlash
Tax rates - periodic revision
Cess on royalty from mining activities
All common property resources under PRI should be identified & made productive for revenue
gen.
Managing utilities like transport, water supply etc.
Raising loans from financial markets
By publishing PRI bonds
MPLAD & MLALAD scheme need to abolished &
Flow of funds to public bodies for rural development shud be routed through PRIs

FUNCTIONAL AUTONOMY
Delineation of functions on some subjects mentioned in schedule 11
For Eg. Elementary education, Preventive healthcare etc
Assigning certain functions to PRIs, at the time of making of law itself
If such function could be best attended at PRI level

CAPACITY BUILDING
Individual level
Training and skill development
Organizational level
Provision of permanent staff for documentation work
Special focus on EWS
Outsourcing specific functions
Technical expertise for planning process

TAP
Use of ICT tools
Social Audit of PRIs

Some of the e-governance initiatives which help to bring governance in PRI

E-Panchayat - project is to ensure local area development and strengthen local self-governance
by providing variety of services to its stakeholders.
Bhoomi Project (Karnataka governmentʼs initiative): Online Delivery of Land Records
PFMS, e-FMS & Geo-tagging – has been stated for bringing transparency & accountability in
management of finances available to Panchayat under Fourteenth Finance Commission award, helps
in financial inclusion.
S l kh ft i h l l fl l i i i
 Sulekha software- to monitor the annual plans of local government institutions

Working in coordination with

CSC
VRC - Village resource centre
Single window delivery mech. for a variety of space-enabled services
For eg. Tele education, Tele medicine, Information on Natural Resources
*****NATIONAL HUMAN RIGHTS COMMISSION
Created under protection of human rights act 1993

COMPOSITION
chairman + 4+4+3 members
chairman = retired CJI + SC Judge
members
serving or retired supreme court judge
serving or retired high court chief judge
2 persons = expert in this field
3 years or 70 years of age
not eligible for further employment under central or state gov
removed by president
for misbehaviour or incapacity -> president refer matter to SC
salary, allowance, condition determined by union gov
power of judicial (civil) court

Amendment proposed in NHRC Act 2019

Besides a former chief justice of India / former Supreme Court judge —>chairperson.
Similarly, a former high court judge —> SHRC chairperson
Member —>include
NCBC
NCPCR
Chief Commissioner for Persons with Disabilities
Further, the bill provides for a reduction in the tenure—> to three years from the current five years.

ROLE ??
recommendatory
compensation - empower it to recommend even during inquiry
punishment
can undertake visits to jails without state gov permission
limited role for armed forces
should be informed in 1 month about action taken
annual report to concerned state/union gov -> report laid to assembly/parliament

GOOD WORK DONE BY NHRC?

NHRC suo moto during hyderabad encounter
NHRC suo moto seeing media reports issued a notice to chief sec of Assam over alleged harrasment
by police in verification of nationality.
Taking up Rohingyan on humanitarian grounds
reporting of custodial deathwithin 24 hours of occurance
frequent visits to jails
ISSUES --> WHY NHRC HAILED AS TOOTHLESS TIGER?
Not constitutional backing
Cannot punish for non implementation of its orders
NHRC cannot do anything when human right violation by private parties
eg. forceful evictions of tribals by mining companies
AFSPA – immunity to armed forces
cannot investigate the matter if complaint is made > 1 year after the incident
post retirement hub for judges, bureaucrats -> politicisation of institution
Solution - 2 year cooling off period after retirement as a judge/ bureaucrat

WAY AHEAD?
Upar ke problems… make constitutional body...
Binding recommendation
Human right education
independent cadre of staff
currently, officers on deputation to NHRC
power to NHRC to summon witnesses and documents from militarised areas
include civil society human right activist as member
*****PROBLEMS IN JUDICIARY
Problems
Appointment - transfers
Removal
Delays
Costly
Judgement
Overreach
Inconsistency
Contempt
Language
Conduct

TOP JUDGEMENTS IN 2019

Ayodhya
CJI office under RTI
Adjusted Gross Revenue (AGR) from telecom companies
No dilution in the provision of the SC/ST Act
But made clear that its Constitution Bench had already held that anticipatory bail could be
granted in such matters if courts concerned felt no prima facie case was made out.
Section 87 of Arbitration & Conciliation Act struck down
Inserted through the 2019 Amendment Act - provided for an automatic stay on enforcement of
the award once the opposite party challenged the award in court.
Reason - on an average, about six years were spent in court - hence money stuck for a long
time.
Sabarimala Review - 7 question to larger bench
Solution/ Way ahead
Do add —> 21 + 5 + 5 —> Division of benches

News
Parliament —> legislation to increase the sanctioned strength of the SC from 31 to 34 including CJI
Recently, Chief Justice of the Madras High Court, was transferred to Meghalaya High Court.
Vice President of India has suggested setting up of four Regional Benches of the Supreme Court

PROBELMS
Vacancies of Judges - delay in justice - Hence pendency of cases.
Appointment
collegium system,appointment of judges, —>NJAC - vacancies @ HC (40%)
MoP
SC recently called for appointment whose name haven been agreed upon by SC and Centre
(Dec 2019)
uncle judge syndrome, Nepotism
lawyers are serving 20-25 years in HC, become judge and then hear cases from their family
member, collegues, friends
Diversity - very few women, SCs, STs
7% women SC Judges till now
Cases
Huge pendency of cases
CJI - sole prerogative power of allocation of cases and composition of Judges
Preferencial treatment (e.g. Arnab)
Stalling tactics of Lawyers - “Tarik pe Tarik”
Independence of judiciary
Seperation of powers - activism ; overreach.
Lack of infra
Controversy
CJI as master of roster – alleged for allocation of cases before selective benches
ethical – judges holding press conference to aire their grievances
Inconsistency in the judgement of SC–
eg. 2- 3 judge benches gave different verdict in land acquisition case ( Arun Mishra in 2018
vs Justice Lodha in 2014) - stare decesis
Contempt of court
Sexual harassment charges
RTI
Gag/mute orders
Post retirement
Impeachment
People
 People
hefty fees by lawyers -> violate right of poor to get inexpensive justice
Unnecessary jargon in judgement
Ayodhya -1000 pages.

Reforms
Online Justice by SC (during COVID)

Online Justice by SC (during COVID)

News
Parliamentary Standing Committee on law and justice report recommended holding virtual courts
even after the pandemic ends

Facts
sada

Pros/ Advantages
Cheaper
faster
addressing locational issues;
ensures safety of vulnerable witnesses providing testimony,
expedites processes and procedures
citizen-friendly and

Cons —> Scope for improvement

Infra - judges/lawyers have had to speak from landline phones or without video
Unique process in law - Forceful interventions, and often repeated stressing of a point is require
Facial expressions such as fear, guilt, regret, sadness, anger, which can affect a case
Nuanced arguments cannot be done effectively
Appealing for compassion for the elderly and the disabled in COVID-19 times can be easily ignored by
judges, when the accused is only a small square on a screen and not a frail human being standing
before them in flesh and blood.

Govt Initiatives
…..

Way ahead
…..

Conclu
Mix - Offer greater access to justice
F tt i > li h ll
 For petty crimes —> online e.g. challan
For serious —> Offline
Digitisation is not the answer to all the problems of governance

THINK
Digital services to industry, businesses, agriculture, defence, governance, education and health

Post retirement?
Valuable experience and insights - very much needed
Various check and balance
Desire to serve more

Way ahead
Check and balance
Govt side - Pre mention of Post to be filled - and reserved for certain officials e.g. CJI for NHRC -
or some other Constitutional body or Quasi - Judicial body
Judges / Officials - send willingness
Independent body - On basis of seniority and other criteria - get a order of merit - for filling
the vacancy.
The Problems of Pending Cases:
Around 60,000 cases are pending in Supreme Court.
Around 40 lakh cases are pending in different High Courts.
Around 3 crore cases pending in District and Sub-ordinate Courts.

The reasons being –

1. Increase in the awareness of rights by common man
2. New mechanisms (Eg: PIL) and new rights (Eg: RTI)
3. There are not enough judges - 2 for every 1 lakh. The Law Commission report in 1987 recommends
atleast 5 to 1 lakh.
4. There are not enough courts and administrative staff.
5. Budgetary allocations for the whole judiciary is inadequate. The union budget for 2017-18 -. 0.08%
of the total GDP.
6. Modernization and computerization have not reached all courts.
7. There is too much litigation from the Government Side

Consequences -
Economy….
Polity …..
Social …...
The common manʼs faith ...
Judiciary -overworked and lose its efficiency.

Solutions
AIJS
ADR
Arbitration, Conciliation etc
Lok adalat, Gram Nyayalaya, fast track courts – POCSO court
Tribunals
Court Admn
 Court Admn
e-courts – integrated case management information system
Govt
LIMBS
Judges
increase in strength of judges
Timely appoinments.
retirement age of HC and SC judges
Working days
Lawyers
committee in every court to counter stalling tactics of lawyers

Conclu - Justice delayed is justice denied and Justice hurried is justice buried.

INITIATIVES BY JUDICIARY?
stay on civil and criminal proceeding to not be more than 6 months
SC agreed for audio and video recording of court proceedings (Nov 2017)
SC agreed to make public all decision regarding all future judicial appointment (Nov 2017)
SC frames series of guidlines for 'senior lawyer' - coveted status.
Earleir Judges of SC and HC -sole discretion.
Now - 'Permanent committe'-----> 5 ppl - CJI + 2 seniors most judges
Examine each candidate and interview them.
'Full court' will take final decision.

Initiatives - Justice for all

Affordable
MIDDLE INCOME GROUP SCHEME
PRO BONO LEGAL SERVICES
Accessible
TELE LAW project
Digitisation of Judiciary
NYAYA SANYOG (2017)

IMPEACHMENT

News
CJI has written to Prime Minister seeking initiation of impeachment proceedings against Allahabad
High Court judge Justice Narayan Shukla.
The charges of judicial impropriety were slapped against the judge after it was found that he
had made handwritten corrections to an order passed by his own bench in medical college
case.
Also Karnan Issue
 WHY THE SUPREME COURT WAS HELPLESS IN THIS CASE??? - only parliament has the power to
initiate action against sitting HC judge through impeachment motion
grounds of removal –
proved misbehaviour or incapacity

Conclu -
For Karnan/others - if process of impeachment is very difficult, then procedure for appointment
should be above criticism

PROCEDURE FOR REMOVAL OF JUDGES

removal motion signed by 100 MP (LS) or 50 MP (RS) submitted to presiding officer
presiding officer may or may not accept it
if admitted, 3 member committee to investigate charges
CJI or SC judge
CJ of HC
distinguished jurist
if committee found these charges to be valid, only then house can take up motion for removal
passing by special majority in both houses -> assent by president
entire procedure to be completed within same session

Problems ?
absence of effective law for judicial accountability
judges enquiry act 1968 – falls short of prescribing a procedure to deal with erant judges
FIR against judges cannot be lodged without permission of CJI
absence of stringent internal discipline mechanism
in case of executive, departmental enquiry is conducted

SOLUTIONS?
NCRWC - NJC - full time body for receiving complaint against judges, investigate allegations
must be independent of gov, judiciary
south african model
rigorous interview of candidates
Appointment
Women participation
Transfer

PAST SC JUDGEMENT
1993 second judges case
consent of judge not req - provided transfer after consulation with CJI
transfer should be done in public interest and not as punishment

Dr. Ambedkar on why Judge's transfer necessary??

it bring better talent which may not be available locally

Uncle Judge Syndrome

News
Recommendations from the Allahabad HC collegium in February 2018
In all, at least 11 advocates in the list of 33 are said to be related to former or sitting judges
List has negligible representation of the SC/ST, OBC and minority community

WAY AHEAD??
Judges to declare all kith and kin practicing in that state
Proper investigation - for kith and kin before accepting by Centre.
creation of AIJS ...through UPSC – recommended by Law commission of india
MIDDLE INCOME GROUP SCHEME
self supporting schemes initiated by SC
affordable legal services to those whose gross income < Rs 60,000 per month
society would be created under society registration act 1860 – CJI would be patron in chief,
attorney general – ex-officio vice president
relevant article
21 – right to free legal aid
39 A – DPSP (equal justice and free legal aid)

NYAYA SANYOG (2017)

WHY IN NEWS??
National legal service authority NLSA launched facility called legal assistance establishment

ABOUT??
cater to poor litigants and families of undertrials languishing in jails to get quick access to justice
information about status of their pending case

TELE LAW project

legal advice from lawyers through video conferencing esp for marginalised communities

PRO BONO LEGAL SERVICES

pro bono – means in good faith
provide affordable legal services by lawyers who volunteers to do so

Digitisation of Judiciary

WHAT?? -
INTEGRATED CASE MANAGEMENT INFORMATION SYSTEM - digital filing of cases in SC

BEENFITS??
e-filing of cases, checking listing dates, case status, online service of notice, tracking of progress of
case
e-court fee

Inconsistency in the judgement of SC

SC 2014, with three-judge bench comprising Justices RM Lodha- delivered a Judgement on LARR
Act, 2013. It held
Landowner when refused to receive compensation- payment into the governmentʼs own
treasury wouldnʼt suffice. Therefore, the proceedings in all these cases, had to be annulled
(declare invalid) with lands being returned to their original owners
 (declare invalid), with lands being returned to their original owners.
BUT, Recently - 3 Judge Bench of SC, on February, the bench comprising justices Arun Mishra 2019-
overturned the 2014 verdict by calling it lacking due regard for the law or facts. It held that
Where a landowner refuses compensation, a payment into the governmentʼs treasury was
sufficient
Three-judge bench of Justice Arun Mishra should have referred the 2014 judgement to a larger
bench if it did not agree with it.

Way ahead
Stare decisis - a policy of following rules or principles laid down in previous judicial decisions
unless they contravene the ordinary principles of justice should be followed. The idea is that a
courtʼs rulings should represent a consistent position. If judges are allowed to easily depart from
precedent…..
Hence seek the creation of a larger panel if disagree —> ensures stability + flexibility to correct

Gag(mute) order on media

News
Telangana - AP case
SC ordered "No further statements issued by Shri Justice C.S. Karnan would be publicized".

The main reason given are

1. Judicial observation are published out of context -
2. "Media trail" affecting unbiased judgement.
3. Sometime threat to national security, communal violence.
*****ROLE OF NGO AND CIVIL SERVICES IN DEMOCRACY
NGO
Private orgs that pursue activities for welfare of people, protection of environment, provide basic
social service and minimise pains of people.

ROLE OF NGO IN DEMOCRACY

operate independently of gov
to serve humanitarian purpose
1990 – LPG reforms
state minimalism – development activities outsourced to NGO

NGO : CATALYST ROLE IN DEVELOPMENT PROCESS

more professional than political parties and pressure groups
not concerned with power politics, but delivery of services
have proven themselves
The red cross – Nobel peace prize
Amnesty international,
Greenpeace – protested against Arctic oil drilling (Russia) and whale poaching (Japan)
Indian - Pratham, CRY, Oxfam
UN has accepted them because of their capabilites
NGOs allowed to participate in most UN agency meetings
LPG era requires them
Agents at grassroot level
Agents of the voiceless
In all spheres

IB report - some becoming stumbling block and taking off 2-3% of GDP

NGO : OBSTRUCTIONIST ROLE IN DEVELOPMENT PROCESS

cherry picking cause on donor's priorities
German funded : anti-GM food
US funded : Anti coal
playing mischief running PIL industry
tutors victims to seek greater compensation
filing bogus PIL/affidavits
Harming internal security
human rights vs internal security vs AFSPA
IB report 2014
Foreign funded NGOs stalling development
tax avoidance - only 10% of registered file annual financial statements
Money laundering
transparency
And no RTI - source of fund unknown...
Large NGO work as centralized bureaucracy – not accountable to anyone
Issues in implementing the amended rules during the pandemic:
considerable administrative delays in the functioning of banks and ministries.
NGOs are also facing severe inconvenience in submitting the necessary papers and personal
documents of trustees and other members.
government has adopted a suspicious stance towards NGOs
cancellation of FCRA registration of around 16,500 NGOs since 2014.
pay disregard to the successful NGO partnership model across the world.
new rules have made ʻsub granting illegal. Due to this, big NGOs based in Delhi or Mumbai are
not able to subgrant their foreign funds to implement programs via partner organizations in
districts and villages.
Only Delhi --> issue for NGO working in Guhwati
Aadhar must
Gauhati High Court has sent a notice to the State Bank of India(SBI) asking it to explain why
Aadhaar was necessary to open a bank account.

Way ahead
Extension of 6 months for the opening of an FCRA account --> due to COVID
Handholding for comply
Open platform for suggestion and discussion and take good suggestion.
Allow open account in all capital cities including delhi

Conlcu
Doctrine of proportionality --> for Aadhar
Need to make all registered and proper regulation by separate law (Vijaykumar committee)
ROLE OF CIVIL SERVICES

Agent of national integration

Sardar Patel kept ICS intact as it was required to integrate nation (Used as steel frame when new
nation form)
holding free and fair election
THINK of ALL SERVICES
IFS - Forest
IPS - Help in law making - security of the state - Law and order
IFS - Foreign affairs
IRS - Agent of economic development
planning and resource allocation of taxation, subsidies, grants etc
hard + soft infra = transport, communication
balanced development of all regions
Railways
Welfare state
large no. Of specialist and generalist req for minorities, women, children etc.
Execution of program
limitation – red tape, unresponsiveness, resistant to change
channel of communication to/for the state
knowledge bank - impartial advisor to government
Help in policy making
*****Self help group (SHG)
WHAT?
Small informal association of people created at grass root level to get socio – economic benefit by
working together
eg. SEWA, PRADAN
SHGs of tribal women in Wayanad,Kerala - decided to launch a project to carry out organic farming
over 100 acres making this the largest tribal shift into organic farming.
Guided by the Krishi Vigyan Kendra(KVK).
Kudumbshree
Kanta patil - SHG

SIGNIFICANCE??
Women empowerment
skills, economic empowerment, social status
awareness about basic legal rights, government schemes,
participation in decision making – Panchayat
means of social development – poverty alleviation, employment, banking services to poor
Rural poverty, inequality
developmental deficit

CHALLENGES?
limited option for income generating activities
Inadequate funds - difficulty in getting loans,
irregular meetings,
Capaity building
support in financial managament, accounting, organisational development
poor maintenance of records
loan register, cash book, pass book, attendence register
lack of maketing facilities,
inter regional disparity in distribution – 45% of total SHG concentrated in south India (2ndARC
report)

GOVERNMENT INITIATIVES??
(MoRD) has decided to focus on select 4 lakh women Self Help Groups(SHGs) with a view to convert
their nano enterprises into micro enterprises.
part of Aajeevika-National Rural Livelihood Mission(NRLM).
Since 2011-12,SHGs have been entitled to get up to Rs 10 lakh as loan without collateral over a
period of six to eight years.
Planning to bring more women SHGs into MSME through registration on Gem and E-commerce like
Amazon.
Sanchar shakti – providing SHGs access to ICT enabled services
SHG promotion
 e.g. Centre - DDU NRLM
e.g. State - Kerela - Kudumbashree
SheMeansBusiness – launched by Odisha+FB to train women entrepreuner and SHG

WAY FORWARD?
Community trainers -> capacity building of SHG
Bank – SHG linkages through Bank mitra

SHG- Gram Panchayat link

Need/ Why
Same objective - people centred devpt
Complementary - can help in implementing agency and monitoring
More democratic and participatory
Induce transparency

How
Co-ordination betn 2 - technical and organisation capacity strengthen
Better representation of SHGs in GP
Revenue generating project undertaken by SHG can also become source of finance
*****Separation of powers
Why
The doctrine of separation of power claims that state power is not a single entity but rather a
composite of different governmental functions (i.e. legislative, executive, and judicial) carried out by
state bodies independently of each other. The legislature enact laws; the executive enforces laws;
and the judiciary interprets laws.
If all power in one hand- then no remedy --> an become dangerous to citizens

Quote
Montesquieu - wanted complete water sight separation
If not, then the life and liberty of the subject would be exposed to arbitrary control

Conclu
“Power corrupts and absolute Power tends to corrupt absolutely”

Philosophy :The Doctrine of Separation of powers includes the following distinct but overlapping aspects;
Institutional separation of powers: (a tripartite separation of powers) – the need to have three major
institutions or organs in a statei.e. Legislature, Executive and Judiciary.
Functional separation of powers: state power/functions must be vested and exercised by three
separate institutions or organs i.e. lawmaking, enforcement and interpretation.
Separation of personnel: (each organ withown personnel) –no person shouldbe a member of
morethan one organ.
Limitation of appointing powers:state organs shouldnot appoint or elect members for each other.

In real life
Diverse and complex nature of a modern state, where the process of law making, administration and
adjudication cannot be clearly demarcated - Hence ʻmixed governmentʼ withʻchecks and balancesʼ
to prevent abuses

Adv
Constitutional deadlock - A complete separation of the three organs may lead to constitutional
deadlock (disunity of powers). Thus, a complete separation of powers is neither possiblenor desirable.
Finances - It would be impractical to expect each branch of government to raise its own finances.
Executive more imp - The theory is based on the assumption that all the three organs of the
government are equality important, but in reality it is not so. In most cases ,the executive is more
important of the three branches of government.

The Constitution of India : Water tight (For heads)

1. Article 50 lays down that State shall take steps to separate the judiciary from the executive hence
independence of judiciary.
2. Article 122 and 212 provides validity of proceedings in Parliament and the Legislatures cannot be
called into question in any Court. This ensures the separation and immunity of the legislatures from
 y p y g
judicial intervention on the allegation of procedural irregularity.
3. Judiciary
1. Judicial conduct of a judge of the Supreme Court and the High Courtsʼ cannot be discussed in
the Parliament and the State Legislature
2. Appoint staff ... charged.... etc
4. President and the Governor enjoy immunity from civil and criminal liability.
1. Also President or the Governor shall not be answerable to any court for the exercise and
performance of the powersand duties of his office.

Functional overlap + Check and balances

Legislature - Judiciary
Legislature
Removal of the judges - hence not (complete seperation of power)
Judicial
declared ultra viresby the Court and revalidating it.
e.g. NJAC
Limitations on Parliamentʼs power to amend the Constitution - ʻbasic structureʼ
Judicial activism e.g. Vishaka Case
Legislature - Executive
Executives
Ministers member of the legislature
Ordinance
Legislature
Impeachment of the President
Motions - censure,no-confidence etc
Executive - Judiciary
Executives
appointments to the office of Chief Justice and other judges ; MoP
tribunals and other quasi-judicial bodies
finances/ Budget of courts (except salaries, pensions)
President may nullify a conviction in a criminal case by pardoning the offender
Judicial
Activism - UK HC , Calcutta HC, Bombay....

Judgements
Kesavananda Bharti caseof 1973. -“separation of powers” -basic features of our Constitution
unalterable even by an Act of Parliament

Constitution makers made Judiciary more stronger by

Complete Justice
all authorities, civil and judicial, shall come to the aid of the Supreme Court.
is to the effect that the law declared by the Supreme Court is binding on all courts within the territory
of India.
Art - 142 expressly confer the power of contempt on the Supreme Court of India
 Art - 142 expressly confer the power of contempt on the Supreme Court of India

Hencenot like US Supreme Court where a President could turn around and say, “the judge has made his
decision, let him now enforce it.”

Case study
Alcohol ban - SC restrained... UK HC.. gave

US separation of powers
Checks and balances allow for a system based regulation that allows one branch to limit another, such
as the power of Congress to alter the composition and jurisdiction of the federal courts.The following
are illustrations where there are checks and balances:
the Judiciary in generalhas the powerto declare invalid an act done by the Congress, the
President and his subordinates, or the Constitutional Commissions.
the Congress may refuse to give its concurrence to an amnesty proclaimed by the President
and the Senate to a treaty he has concluded
the Congress may limit the jurisdiction of the Supreme Court and thatof inferior courtsand
even abolish the latter tribunals
the President may nullify a conviction in a criminal case by pardoning the offender
the law making power of the Congress is checked by the President through its veto power,
whichin turn maybe overturn by the legislature

Conclu
The modern day interpretation of the doctrine does not recognize the division of Government into
three water-tightcompartments but instead provides for crossing rights and duties in order to
establish a system of checks and balances.

00108a7d892b59dc0fead9dd2667f5-c… 559 kB
*****THE UNMAKING OF PARLIAMENT
FACTS??
OECD's “Government at a glance” report = 75% indian have faith in their government (3rd in the
world)

ROLE OF PARLIAMENT
4D + 1= discuss debate disssent decide,,, + disruption

Conclu
Need space for dissent and debate -- Else protest from ppl or judicial interventions

ISSUES
Parliamentary proceedings not operating virtually / hybrid mode (UK model)
Speaker's role
Legislative paralysis
ordinance route
The passing of bill as a money bill- making bicameral legislature as unicameral
Duration - Parliament of most countries are in session throughout
UK = 150 days a year,
India = 70 days a year
2017 winter session is for 22 days
Passage of bills
Recently 22 Bills were passedthe same day of introduction. Among them were The Farmersʼ
Produce Trade and Commerce Bill, 2020.
The farm Bills were passed by a voice vote despite opposition MPs asking for a division vote
(2020)
Reduced referring of bill to Select committee
Recently, Vice President called for rethink on provision that provides for automatic lapsing of
Bill leading to wastage of time in Lok Sabha.
Conduct of MPs
Ethics Committee decided to form a code of conduct for Lok Sabha MPs (2020)
A code of conduct had come into force for the Rajya Sabha MPs in 2005
Unethical behaviour (One MP tears Rule book in RS)
Throwing papers, sloganeering, breaking mikes - full display during two agricultural Bills in
the Rajya Sabha.
World - Taiwan MPs throwing punches over US pork issue
Opposition - LoP
In 17th Lok Sabha Election, none of the political parties were able to secure minimum 10% of
strength required to be eligible for Leader of Opposition post.
Private memberʼs bill
A private memberʼs bill was proposed in the Rajya Sabha that seeks removal of the limit on
candidate election expenditure and proposed state funding of elections.
MPs
 low quality of debates
Party whip
Absentism
Personal
Need for media attention

Conclu - Parliament should be a space for policy and not for politics.
Mechanisms of parliamentary oversight:

1. Accountability on the floor of the House

 Question Hour - (MPs)to pose questions to ministers.
Zero Hour - The hour following Question Hour is popularly called Zero Hour and is used by MPs to
raise urgent matters. (annual reports of government institutions, CAG reports, etc.)
Debates and motions - allowing MPs to initiate discussions and seek clarifications on
government policies. Motions: motions allow for voting at the end of the discussion. There are
three types of motions which assist in the oversight function of the Parliament: No Confidence
Motions, Adjournment Motions, censure.
2. Parliamentary committeeswhich scrutinize government policies :-
DRSC
Public Account committee etc
Other various committeees
****ALL INDIA JUDICIAL SERVICES
Defn - recruit judges at Dist. Judge level and allocate to each state.

Daksh study found - courts and police are least preferred options for seeking justice by Indians, who prefer
informal mechanism. Bcoz they perceive justice system to be too expensive, complex and slow.

Conclusion
42nd CAA - have laid foundation stone and Both Executives and SC seems to favour the idea.

AUGUMENTS IN FAVOUR
TRANSPARENT AND MERIT BASED SELECTION PROCESS (through UPSC)
Big proportion of SC/HC judges in papers and interview.
FASTER APPOINTMENT
reduce judges vacancy
improve competitiveness as ease of doing business – faster grievance redressal
reduce backlog, delays
BETTER CAREER PROSPECTS
ensure younger judges are promoted to SC and HC
Equitable - various caste etc
Only 1 CJI of SC category.
Intl - French

Concerns
Encroachment of Executive over Judiciary - Independence of Judiciary
National level exam - ignore difference in local lawsand customs
Language issue esp for writing orders
Resistance from HC - 9 have objected it
Supt and control of HC decrease
Resistance from Judges already in service- lessen carrier prospects

Way ahead
Both judiciary and executive should work out
Language learn - like IAS - not big deal
Give infra
****ALTERNATE DISPUTE RESOLUTION MECHANISM-
Alternative/Parallel Justice delivery
What
Alternative Dispute Resolution (ADR) mechanisms include several procedures that allow parties to
resolve their disputes out of court.

Govt efforts
To setup New Delhi international arbitration centre Act 2018
Arbitration and Conciliation (Amendment) Act,2019
Supreme Court pushing for Ayodhya by mediation, conciliation ( rather than legal and binding way)-
for lasting peace and social harmony
Lok adalat,
Gram nayalaya
Family court
Awareness camps -
tribunals

Conclu
160+ rank in enforcement of contract

CONSTITUTIONAL BASIS -
article 14 and 21
article 39 A – equal justice and free legal aid

LEGISLATIVE BASIS
Legal service authority act 1987
Lok adalats
Gram Nyayalaya
tribunals

TOOLS OF DISPUTE RESOLUTION

arbitration
neutral 3rd party render a final and binding decision based on merits of the case
mediation
facilitate coming together of disputing parties to a common solution
conciliation
resolution through compromise and voluntary agreement. No binding award by conciliator

LOK ADALAT

News
hh i hb fi i h i l l k d l ʼ
 Chhattisgarh became first state in the country to inaugurate State-level ʻe-Lok Adalatʼ.

established by legal service authority act 1987

settle dispute through compromise and conciliation

FEATURES
procedural laws and evidence act are not strictly followed
decision binding on parties
no appeal lies

BENEFITS
very effective in settling money claims, matrimonial, property division
reduce burden from courts
speedy disposal of cases – can be conducted at any place and in any language
cordial relations after adjudication of cases between the disputing parties
no court fees
step towards realising the directive under article 39A – equal justice and free legal aid

CRITICISM??
many states have not constituted it
Yet to gain ʼtrustʼ and respect as court have
emotions and psychology plays important role than rules, regulations and evidences
no time limit for giving award

WAY AHEAD?
Establish permanent lok adalat in all districts
legal literacy and legal awareness campaign e.g. use NGOs
Mediation shud be popularized as profession
Uniformization in stds of arbitration - (by Arbitration Council of India)

GRAM NYAYALAYA

News
Presently only 11 states have taken steps to notify Gram Nyayalayas so far
Hence —>Supreme Court has directed all the states to come out with notifications for
establishing ʻGram Nyayalayasʼ within a month and has asked the High Courts to expedite the
process of consultation with state governments on this issue

Created through Gram Nyayalaya act 2008 – provide speedy and inexpensive justice to people of rural
areas

FEATURES??
 court of JMFC
established for Panchayat @ intermediate level
mobile court – go to villages, work there and dispose cases
powers of civil and criminal courts
deals with offences < 2 years
payment of wages act, domestic violence act,
not bound by indian evidence act 1872 – guided by principle of natural justice
appeal in session (criminal) and district (civil) court
NOTE : only 10 states have gram nyayalaya

Conclu
Justice going to the people

Arbitration

News
Singpore global hub —> SIAC order on Amazon- Futuregroup- Reliance deal
Bcoz - “fair, fast, professional etc"

New Delhi International Arbitration Centre(NDIAC) Act,2019 —> SC and HC ne arbitration panel ka
order diya toh...

What it is
Setting up of an independent autonomous body for institutionalised domestic and international
arbitration (NDIAC)- declares the NDIAC as an institution of national importance
Speedy appointment of arbitrators through designated arbitral tribunals set up by the Supreme
Court and high courts
also provide
(a)facilities and administrative assistance for conciliation, mediation and arbitral proceedings
(b)maintain panels of accredited arbitrators,conciliators and mediators
(c)provide timely services for the conduct of arbitrations and
(d)promote studies in the field of alternative dispute resolution.

Arbitration and Conciliation (Amendment) Act,2019 --> Sabhi ke liye

What is it
establish an independent body called the Arbitration Council of India(ACI)to set up a framework for
creating arbitral institutions and accrediting arbitrators by laying down norms.
It provides for settlement of commercial disputes within six months.
To make India a hub of domestic and global arbitration for settling commercial disputes.
The ACI would be mandated to frame rules on
(a)how institutions would be graded
(a)how institutions would be graded
(b)norms to be followed and
(c)monitoring of quality and performance.
****ANTI DEFECTION LAW
52nd CAA 1985
10th schedule
91st CAA 2003 – now, defection will apply even for split (1/3)

News
Horse-trading - It started in Haryana in 1967 when a Congress MLA named Gaya Lal defected thrice
in a span of 15 days
MP - fall of govt
Karnataka - 17 MLA resigned - to become eligible for ministerial births
SC upheld qualification but allowed them for re-election (Speaker didnʼt- despite of him not
having power)
Bcoz this strict action will give chilling effect for dissent

Conclu
People,voters also equally responsible - Almost All defected MLAs won - getting ministership in
Karnataka
Recent MP scene shows that - not able to stop political defection
The anti-defection law must be made tighter, disqualifying a traded horse for six years, if not
more.

Karnataka - 17 MLA resigned

News
Supreme Court recently upheld former Karnataka assembly speakerʼs decision to disqualify 17
rebel lawmakers but allowed the rebels to contest the bypolls

PROVISIONS
DISQUALIFICATION
voluntarily gives up party membership
removed 2 members of JD(U) for joining rallies orgz by rivals considering voluntary giving
up of membership.
SC judgement says- It could be "implied" in participation of member in anti-party
activities.
……..
EXCEPTIONS
if presiding officer gives up membership of party
merger by 2/3rd members
DECIDING AUTHORITY
Presiding authority
No time limit- hence sometimes too quick and sometimes too late
 Kihoto Hollohan case (1993) – presiding officer act as tribunal , hence decision subjected to
judicial review
no suo motu power to presiding officer to disqualify on grounds of defection. Some one has to
make a complaint

91st CAA 2003

Total no. Of council of ministers, including PM – 15% of LS strength (article 75) (10% in Delhi)
in state, max 15 %, min 12 members (article 164) (Parliamentary sec not included in 15%)
member disqualified under 10th schedule is disqualified for being a minister (75, 164)
no more protection on grounds of split (1/3rd)

ANALYSIS

PROS
Curbed political defection - stability in polity
democratic realignment of party by merger
Every legislature have right to change party if it matches ideology / finds it better
Improve trust in legislature

CONS / Limitations
MPs
Do not differentiate between dissent and defection -> curb legislator's right to dissent, right to
vote according to his conscience, convictions, common sense, constituency concerns
reducing quality debates - role of individual MP has diminished over the year and as a result,
healthy constructive debates on policy issues are not witnessed
disincentivise legislator from serious thinking, researching to incorporate best practices into
the legislation
Role of speaker
non partisan as he is a member of ruling party
not a legal expert
NO time frame to decide- sometime had taken a year
Not able to stop it
MP-MLA openly defect
RS used as backdoor upon disqualification under 10th schedule

WAY AHEAD??
NCRWC recommendations...
Speaker - should resign from party membership upon elected as speaker
MP/MLA
Strict punishment for ʼTraded hourseʼ - 6 year disqualification to become minister and
chairmanship : S Y Qureshi (former CEC)
Party
Ethics and donʼt take
 Ethics and don t take
Positive
differentiate between dissent and defection - parties should limit the issuance of whips to
instances when government is in danger

WHIP

A whip in parliamentary parlance is a written order that party members be present for an important vote,
or that they vote only in a particular way. In India all parties can issue a whip to their members.
There are three kinds of whips-
A one-line whip, underlined once, is usually issued to inform party members of a vote, and
allows them to abstain in case they decide not to follow the party line.
A two-line whip directs them to be present during the vote.
A three-line whip is employed on important occasions such as the second reading of a Bill or a
no-confidence motion, and places an obligation on members to toe the party line.
OR ELSE DEFECTION
****Art 19 + DEFAMATION, SEDITION, PRIVILIGES OF MP,
Contempt of Court
Violation
J and K - Art 370
Internet bans in various places
Anti CAA protest and NRC
Shaheen Bagh - Right to Protest

Art 19
Blocked twitter indefinetly in Nigeria after deleted tweet
"Many of those misbehaving today are too young to be aware of the destruction and loss of
lives that occurred during the Nigerian Civil War. Those of us in the fields for 30 months,
who went through the war, will treat them in the language they understand." --> basically
aimed at secessionist tendencies

Shaheen Bagh - Right to Protest

News
The Supreme Court has ruled that the indefinite “occupation” of a public road by the Shaheen Bagh
protestors was unacceptable - traffic problems.

Court ruled?
The court upheld the right to peaceful protest against a law but made it clear that public ways
and public spaces cannot be occupied and that too indefinitely.
The right to protest in a public place should be balanced
with the right of the commuter and has to co-exist in mutual respect.

Constitution say?
Assemble peacefully without arms under Article 19(1)(b).
Reasonable restrictions —> interest of sovereignty, integrity and public order with the help of
police regulations.
****DEFAMATION, SEDITION, PRIVILIGES OF MP, Contempt of Court

DEFAMATION

FACTS
IPC Section 499 and 500
civil -> monetary compensation
criminal -> 2 year jail term

CRIMINAL DEFAMATION

COURT JUDGEMENT??
Subramaniam Swamy vs union of india -
upheld constitutional validity of criminal defamation law and extend right to life to include
right to reputation under article 21 (Just know - For many...)

ARGUMENTS IN FAVOUR OF JUDGEMENT??

reputation building takes year, but only a word to destroy
defamation - reasonable restrictions
act as deterrence for anti-social elements.

EVALUATION (CRITICISM)
misuse to silence dissenters, media, activist
chilling effect on freedom of speech
Open interpretation
British era law —>time has changed. Should be repealed - UK has decriminalised criminal
defamation

WAY AHEAD??
Define - Parliament should lay down guidelines on what constitute defamation
balancing between protecting reputation and protecting criticism
Conclu -
Law commission = criminal defamation law violates international norms.
criminalizing defamation is an unwarranted restriction on free speech when the global norm is
that a civil suit for damages is sufficient for protecting reputation

Sedition (124A) - British era law

The offence consists in exciting or attempting to excite in others, bad feelings towards the government.

Conclu - Sedition, defamation cannot be invoked for criticism: SC

News
Recent arrests in Bengaluru and Kashmir, on the grounds of protesting against the CAA

ARGUMENTS IN FAVOUR?
Kedar singh (1962) – SC upheld the section 124A
court reduced its scope – applicable only when imminent violence or incitement to violence
to overthrow the state
Same said in Romesh Thappar case, Kanahiya Kumar case
act as deterrence for anti-social elements.

Famous ppl
Bal Gangadhar tilak and Mahatma Gandhi in 1922, for his articles published in Young India.

ARGUMENTS IN AGAINST?
Against freedom of speech and expression
Generally misused - to silence dissent – writers, journalist, activist
meant to assist in crushing all opposition political party
UK abolished it

WAY AHEAD?
Amend IPC – strike balance between security, smooth functioning of the state and freedom of speech
and expression

Contempt of Court

News
Recently, Supreme Court has held the lawyer- activist Prashant Bhushan as guilty of contempt of
court in the context of the comment made on social media, targeting the current Chief Justice of
India.
 Contempt of court Act
civil contempt –
wilful disobedience to any judgment, decree, direction, order, writ or undertaking given to a
court.
criminal contempt
interfering with judicial proceedings
obstructing administration of justice
lowering the authority of court
under this provision, Justice CS Karnan was imprisoned
HC has power to punish for subordinate court for contempt of court

AGRUMENTS IN FAVOUR OF CONTEMPT OF COURT??

prevent any kind of pressure on judges from media criticism and public opinion
Maintain authority and dignity of institution
independence of judiciary
judges cannot justify their stand out in the open (media)

ARGUMENTS IN AGAINST??
against free speech (article 19(1)) – even after reasonable restrictions
contempt of court even for personal criticism of judges
courts use contempt clause
to punish expression of dissent
to prevent criticism
Judge in their own case – court decide what acts constitute contempt and award punishment
contempt law were borrowed from England – rarely conviction there for contempt of court in 8
decades

WAY AHEAD
only disobedience of order of court = should be COC
Could be repealed like in US

POWERS AND PRIVILEGES OF MEMBER OF PARLIAMENT

WHY IN NEWS?
Houses in Maharashtra moved motions of breach of privilege against Arnab Goswami and Kangana
Ranaut.
Karnatak assembly imposed fines and imprisonment on 2 journalist for writing against the speaker

ISSUES??
1. non codification of privileges of MP – means no law enacted, giving effect to article 105 and 194
 (power, privileges etc of houses of parliament/legislature and members of committees thereof)

ARGEMENTS AGAINST CODIFICATION??

harm sovereignty of parliament
allow legislators to speak without fear

WHY THERE IS A NEED TO CODIFY IT/ CRITICISM??

Misuse of article 105,194
used to silence dissenters / criticism – criticism of member can invite suitable action by
legislature (not courts as no law in force)
current news –
karnatak assembly resolution of imposing 1 year imprisonment to 2 journalist
violation of article 19 – freedom of expression of citizens and freedom of press
conflict of interest
Judge in their own case.
members are the sole judge to decide what their privileges are, what constitute breach of these
privileges, what should be the punishment
International
no penal powers used by Britain for 2 decades
Australia codified privileges in 1987

SC VIEWS ON IT??
freedom guranteed to MP = not subjected to reasonable restriction clause under article 19 (MSM
Sharma case 1958)
means freedom of speech and expression under article 19 is subservient to article 105, 194, but
not 20,21
PV Narsimha Rao Case

WAY AHEAD??
codification of privileges (NCRWC)
lay down the limits of penal actions
legislature must use the power to punish for contempt or breach of privilege sparingly, invoking it
mainly to protect the independence and smooth functioning of the house and not to take away the
liberty of critics
Judicial review

****Media, Censorship (+OTT), Press freedom ; Freedom of speech and expression

Freedom of speech is so cardinal

FB is setting u Oversight Board
private companies should not be making so many important decisions about speech on their
own.
Hence ppl can appeal to content which has been brought down
 Expert panel based on government rules and law -will decide.
OTT - under I and B Ministry
Should not be booked under UAPA and NSA..

INTERNET SHUTDOWNS

News
SC : Freedom of speech and expression through the medium of internetis a fundamental right
under Article 19(1)(a)
While giving verdict for J and K
Basis
Restrictions on internet have to follow the principles of proportionality
indefinite period not permissible.

Other Judgement
In Faheema Shirin : Kerala High Court declared the right to Internet access as a fundamental right,
forming part of right to privacy under Article 21

Laws
Provisions for Internet shutdowns in India
Suspension of Internet services are dealt with under the
Information Technology Act, 2000,
the Criminal Procedure Code (CrPC), 1973 and the
Telegraph Act, 1885.

Government Employees & Right To Free Speech

What
Tripura HC - Mere standing in political rally is different than participating in it.

Rights govt employee have

Right to free speech - on condition of Art 19(2) and CONDUCT RULES
Can have opinion on religious, social issue e.g. Sabarimala
But cannot speak against any govt scheme or against present govt or express political view.
Cannot take part in political rally, etc

Reason
Govt employee are considered ʻapolitical entityʼ - as seen from - govt changes but top post like even
Principal ? Chief Sec arenʼt changed.
Speaking against govt scheme will only reduce trust in govt can create chaos among public
 Speaking against govt scheme - will only reduce trust in govt - can create chaos among public

Conclu
When people go to govt system for redressal or help or support - they should not have feeling or
fear that the govt employee is holding a political view of a particular party… else they will live in
fear.

CENSORSHIP OF FILMS ISSUE

RECENT NEWS?
Issue of movie Padmavati ; OTTs

BACKGROUND??
1. Cinematograph act 1952
CBFC – statutory body under this act, under information and broadcasting ministry

Certification—
unrestricted public exhibition (U),
parental guidance for children below age 12 (U/A),
adult (A),
viewing by specialised groups (S)

Process
Examining Committee is appointed by the Regional Officer - consisting of ppl from tv profession
Reviewing committee - consisting of above + advisory commiitte
Appellate tribunal - govt officers
High court

FACTS AND FIGURES??

CrPC – state gov can forefeit newspaper, book, document that violates certain provisions of IPC –
e.g. (sedition),(Obscenity)
JH -banning of “The adivasi will not dance” for showing santhal community's women in bad
light
Under the Cinematograph Act, 1952, the CBFC can “direct the applicant to carry out such
modifications in the film as it thinks necessary before sanctioning the film for public exhibition"

WHY FILMS ARE BANNED IN INDIA??

1. communal violence -> public order
2. hurt religious sentiments of people – movie padmavati
3. Obscenity
4. depict the nation in a bad light (India's daughter)
5. portray leaders in a distorted / debatable way
IS IT LEGAL/CONSTITUTIONAL TO BAN FILMS??
article 19(2) – freedom of speech and expressions with reasonable restrictions
security of state
sovereignty and integrity of state
friendly relations with other countries
public order
decency and morality
contempt of court
defamation
if ban on these grounds – constitutional, otherwise no

RELEVANT COURT CASES??

S.Rangarajan 1970– SC deemed pre censorship necessary

WAY AHEAD??
SC
SC InPrakash Jha Productions (2011), it reiterated that state cannot cite concerns about
'hostile audienceʼ, it is the stateʼs duty to maintain law and order.
Also States can't ban film cleared by censor board: 2011
Padmavat- Law and order is not a ground for blocking the release of a film - creative content is
an inseparable part of freedom of expression.
The attack on school childrenʼs bus in Gurugram captures the stateʼs failure to stand up to
vigilantism
criticism should be taken in positive manner
cannot ban film on internet

Way ahead
Shyam Benegal committee(2016) – recommended role of CBFC be confined to restricted to
categorising the suitability of films - Need for adequate space for artistic and creative expression
but can Simply refuse certification when a film crosses the ceiling laid down in the highest
category of certification.
MEDIA

Facts
World Press freedom index- reporters without border - rank 140 (drop of 2)

Conlcu -
Our media has been vibrant - whenever democracy has been threatened by autocratic tendencies -
played a significant roles.
Media is 4th estate - Gandhi

News
 FM withdrew open access to North block to PIB accredited journalist
Need appointment Now

Positives
Not behaving responsibly

Negatives
People have right to know -hence open access is must -
Not revealing the sources (if asked for) is at core of media ethics worldwide
Shows Govt dont trust - media ppl and officials

MEDIA ETHICS

NORMS TO BE FOLLOWED BY GOV??

1. freedom of expression
2. security and safety of media persons – whistleblower protection
3. culture of tolerance and openness – censorship
4. rules to prevent corporatization

NORMS TO BE FOLLOWED BY MEDIA??

1. understanding responsibility
2. accuracy,truthfulness, Complete info
3. honesty, fairness
4. representativeness and diversity
5. focus on real problems
6. professionalism and self regulation
7. respect for privacy
8. No defamation
9. promotion of values

WAY AHEAD??
promotion on media writing about media itself
promotion of active media watch group

Recent cases
The issues of paid news, media trial, non-issues being presented as real news
e.g. fear mongering through media has led to mob lynchingʼs, attacks on the migrant
population.
The absence of objective journalism leads to the false presentation of truth in a society
e.g. the biased news coverage on social media platform affected the Presidential elections in
the U.S.
The chase for sensationalism and higher TRP
coverage of 26/11 terrorist attacks in India risked the internal security
reporting compromised the identities of rape victims and survivors despite SC guidelines.
 Trial by media
Sting operations
Paid news and fake news can manipulate public perception and can instigate hatred, violence, and
disharmony

Conclu
Ethical journalist—>Rise of social media and increased penetration of internet there are many
independent journalists who are working from rural and semi-urban area

Values
truth and accuracy, transparency, independence, fairness and impartiality, responsibility and fair play.

MEDIA IN DEMOCRACY

News
Zee News made public “disclosure statement” of confession by one accused in Northeast Delhi riots
HC pulled Zee News - saying “you are not prosecuting agency"

FUNCTIONS AND ROLE

Watchdog
reporting to public
Build unity and brotherhood
pressure group
D3 – discussion, debate and deliberation
G2C and C2G and C2C communication (C = citizens)
assist gov in information dissemination
bring forward varied perspective in one platform
free and fair elections

In election
Info dissemeintation
MCC enfrcement
Voter education
voter participation
Complaince to laws - RPA etc

PROBLEMS DUE TO IRRESPONSIBLE JOURNALISM

misinformation to public
wrong perception of some organisation, individual etc - defamation
riots, lynching

CHALLENGES ??
Freedom of press
Freedom of press
weak whistleblower protection - Aadhar leaks (sometimes killing of whistleblower)
blind race for TRP - yellow journalism irresponsible journalism
eg. Nepal (EQ) feel Indian media's coverage of the earthquake has been insensitive to victims
sensationalisation of issue e.g. 26/11 attacks
Media trials
corruption
paid news,
f k
****Art 371 - read some more --> Gives power to 5th and
6th Schedule?

Exact provision for MH

Vidarbha, Marathwada development board ..
.....
Nagaland
Cant buy property
AP
Reservation of locals in employment
****Civil Society organisations
****Comparision - American Vs Indian constitution
Indian Constitution (2019), it consists of 470 Articles in 25 Parts, with 12 Schedules.
Whereas American Constitution is a very rigid constitution consisting of only 7 Articles and 27
amendments, so far.

Most striking differences between the Indian and the US constitutions with respect to federalism,
separation of powers and electoral system:

Federalism:
In the US, the President is the head of the state - Presidential form of government. India, ….
India has only one Constitution
Federal Government and States have their own Constitutions and do not interfere in each otherʼs
functions.
India is a Cooperative Federation
While USA is a Dual Federation i.e. both the Centre and state are completely independent. They
are complete governments.
India follows Asymmetrical federalism- Rajya Sabha on the basis of their population. Articles 371
provide special provisions to few states.
Whereas USA follows Symmetrical federalism. All states are given equal representation in
Senate.
India is an indestructible union of destructible states, while
USA is an indestructible union of indestructible states.
The Constitution of India recognises single citizenship. On the other hand, USAʼs Constitution
provides for a double citizenship that is a US citizen can have citizenship of two countries, USA and
some other country.

Separation of powers:
Separation of Power is complete in US.
e.g. The American President has no privilege of law making power

Electoral System:
Electoral method: In the US, head of the government, President is indirectly elected by the electoral
college. Whereas in India, The President is indirectly elected by means of an electoral college
consisting of the elected members of the Parliament of India and the Legislative assemblies of the
States of India and the Union territories of Delhi, and Puducherry.
Election Body: There is no centralised election management body in US like the Election
Commission in India.
Though the US has two federal bodies. the Federal Election Commission (FEC) and the US
Election Assistance Commission (EAC) , but both of them together do not add up to anything as
powerful or effective as the Election Commission in India(ECI).
Effectiveness of Election Bodies: In the US, elections are actually conducted by local authorities,
working under local, state, and federal law and regulation, as well as the US Constitution. It is a highly
decentralized system.
 Whereas in India, under Article 324, ECI has the power of superintendence, direction, and control
Simultaneous Election System: In India where we have one election at a time, whereas there is a
bunch of simultaneous elections in the US.
In many states, a voter will be choosing not just the US president but 20 different contestants on a
single ballot, including the member of the US Senate and the House of Representatives, state
senate, governor, state attorney general, supreme court judge, among others.
Voter system: In US voting is at polling stations on poll day, provision of early voting in person &
absentee voting by mail. In India there is no provision of early voting. However, there are provisions
of postal ballot but restricted to armed forces Central govt. staffs posted outside India.
Polling Stations:The polling stations in US can be variety of buildings including shopping malls,
churches court houses etc. and the polling staffs can be drawn from variety of source like private &
elected.
In India govt. or semi govt. buildings are preferable although provision for private buildings exists
too. However polling staffs in India are drawn from govt. authorities & institutions as well as from
local bodies.

US Constitution is the worldʼs longest surviving written charter of government and Indiaʼs constitution is
written after ransacking many constitutions of other countries they still pose some challenges which are as
follows.
Indian constitution, Being lengthiest written, it has detailed polity and administrative principles
However, In the USA, each state has its own written constitution. Which makes the task of
governing and adjudicating difficult for the three organs of the government.
****COOPERATIVE SOCIETIES
WHAT IS COOPERATIVE SOCIETIES?
Organisation or group of people with collective responsibility for the development of needy
poverty alleviation, food security, employment generation
8 lakh cooperative societies in India

97th CAA 2011– constitutional status

right to form cooperatives – FR – article 19
cooperative societies – state list
Constitutional provisions
Suptd direction control (roll and conduct of elections) - vest in such body provided by sate legis
max directors – 21
reservation
1 for SC or ST
2 for women
5 years
audit by panel appointed by state govt
No board kept under suspension for more than 6 months
State leg can make law for offences e.g. wilfully files false return

Conclusion -
In Denmark co-operation is taught in schools as a compulsory subject

NOTE: Recently, RJ became the 1st state to law down minimum educational qualifications for
cooperative body polls

Grameen Bank (Coperative Bank)

Professor Muhammad Yunus - which >80 % are women. The bank has distributed $10 billion
with an astounding recovery rate of 95%.
The Dabbawalahs, Mumbai (co-operative entity)
Almost 100 years old. Founded by Mr. Bachche in 1890.
 y y
which kept getting better and better over the century. Biggest model of the most successful
supply chain.
Amul-the taste of India (cooperative dairy company)
Set up in Anand, Gujrat. Founded by Dr.Verghese and today owned by 30 lakh milk producers

ROLE OF COOPERATIVE SOCIETIES IN MICRO FINANCE?

Presence in 97% of the villages
flexible rules and regulations ->
easy availability of credit
short term funding to small and marginal farmers, women, SHG
financial literacy

ROLE OF COOPERATIVE SOCIETIES IN FARMER'S WELFARE?

Backward linkages - Quality fertilizer, seeds, pesticide @ reasonable price
Forward linkages - marketing and warehousing facility, transportation support
bargaining strength of farmers, removal of intermediaries, direct interactions with consumers
eg. Dairy cooperative (Anand model) – AMUL (White revolution)

IMPORTANCE OF COOPERATIVES?
Penetration into crucial areas – agriculture credit
building infrastructure – godowns, cold storages, rural roads
encourage domestic values – values of self help, democracy, equality, solidarity

CHALLENGES?
Constitutional provisions....wale
Inability to ensure active membership
inadequacies in governance – related to board's roles and responsibility
poor cooperative banks – too small to operate properly, high NPAs
regional variations – performed well in areas of land reforms (Bengal, Kerala)

WAY AHEAD? / Remedial measures

Constitutional provisions wale....
Inefficient cooperative societies should either be abolished or merged with strong and efficient ones.
Ensure minimum level of participation by a member annually
infusing professionalism
The rate of interest should be subsidised to the extent that the loanable funds reach the weaker
sections at the rate the financing banks get refinance from the central bank of the country.
Interest-free loans on a long-term basis should be provided to the poorest of the poor so that they
could free themselves from the burden of redeeming the loans out of their meager incomes.
Red-tapism, political interference, administrative bottlenecks etc. have to be done away with.
Powerful village lobbies should not interfere unnecessarily in the functioning of the cooperative
societies.
Efforts should be made to acquaint women in programmes particularly in regard to child welfare,
maternity nutrition balanced diet etc
maternity nutrition, balanced diet etc.
Adult education and literacy programmes should be undertaken in the rural areas on a large scale.
Provisions of 97th Amendment Struck Down: SC

Why in News
Recently, the Supreme Court (SC) upheld a 2013 judgment of the Gujarat High Court and struck down
certain provisions of the Constitution (97th Amendment) Act, 2011.
It gave a major boost for federalism as the 97th Amendment shrank the exclusive authority of
States over its co-operative societies, a sector considered as a massive contributor to the
economy.

Co-operatives
According to the International Labour Organisation (ILO), a cooperative is an autonomous
association of persons united voluntarily to meet their common economic, social and cultural
needs and aspirations through a jointly owned and democratically controlled enterprise.
There are many types of cooperatives such as Consumer Cooperative Society, Producer Cooperative
Society, Credit Cooperative Society, Housing Cooperative Society and Marketing Cooperative Society.
The United Nations General Assembly had declared the year 2012 as the International Year of
Cooperatives.
India is an agricultural country and laid the foundation of Worldʼs biggest cooperative movement in
the world.
Recently, a separate ʻMinistry of Co-operationʼ has been created by the Central Government to
give a new push to the cooperative movement.
Key Points
Issue:
Part IXB, introduced into the Constitution through the 97th Amendment, dictated the terms for
running co-operative societies.
The provisions in the Amendment, passed by Parliament without getting them ratified by State
legislatures as required by the Constitution.
It went to the extent of determining the number of directors a society should have or
their length of tenure and even the necessary expertise required to become a member of the
society.

Other Major Provisions of the 97th Amendment

The word “cooperatives” was added after “unions and associations” in Article 19(1)(c) under
Part III of the Constitution. This enables all the citizens to form cooperatives by giving it the status of
fundamental right of citizens.
A new Article 43B was added in the Directive Principles of State Policy (Part IV) regarding the
“promotion of cooperative societies”.

Central Government's Argument:

It justified that the government was injecting ʻprofessionalismʼ and autonomy into the
functioning of the societies.
Lack of accountability by the members has led to poor services and low productivity.
Even elections are not held on time. Co-operatives need to run on well-established
democratic principles.
SCʼs Ruling:
Exclusive Legislation of States:
The constitution has been described as quasi-federal in that, so far as legislative powers are
concerned, though there is a tilt in favour of the Centre vis-à-vis the States given
the federal supremacy principle.
Quasi-federalism means an intermediate form of state between a unitary state and a
federation.
However, within their own sphere, the States have exclusive power to legislate on topics
reserved exclusively to them.
Hence invalid - All provisions (except 19 (1) c and DPSP add --> Only skeleton remains -->
Muscle gone)
Election every 5 years
Cannot suspend for more than 6 months
SC-ST 1 reservation
2 for women etc
Not Ratified by the States:
It held that the 97th Constitutional Amendment required ratification by at least one-half of
the state legislatures as per Article 368(2) of the Constitution, since it dealt with an entry
which was an exclusive state subject (co-operative societies).
Under Article 368(2), Parliament can amend the Constitution by passing a Bill with
a special majority
 a special majority.
Since such ratification was not done in the case of the 97th amendment, it was liable to be
struck down.
Upheld the Validity of Provisions related to Multi State Cooperative Societies:
It did not strike down the portions of Part IXB of the Amendment concerning ʻMulti State Co-
operative Societies (MSCS)ʼ due to the lack of ratification.
When it comes to MSCS with objects not confined to one State, the legislative power would
be that of the Union of India which is contained in Entry 44 List I (Union List).
It is declared that Part IXB of the Constitution is operative only insofar as it concerns
multi-State cooperative societies both within the various States and in the Union
Territories.

Ministry of Co-operation: A New Push to Co-operatives

Why in News
Recently, a separate ʻMinistry of Co-operationʼ has been created by the Central Government for
realizing the vision ofʻSahkar se Samriddhiʼ (Prosperity through Cooperation) and to give a new
push to the cooperative movement.
The Government has signaled its deep commitment to community based developmental
partnership. It also fulfils the budget announcement made by the Finance Minister in
2021.

Co-operative Movement in India

Co-operative Movement in Pre-Independence Era:
The Cooperatives were first started in Europe and the British Government replicated it in India
to mitigate the miseries of the poor farmers, particularly harassment by moneylenders.
The term Cooperative Societies came into existence when the farmers of Pune and Ahmednagar
(Maharashtra) spearheaded an agitation against the money lenders who were charging
exorbitant rates of interest.
British government came forward and passed three acts- the Deccan Agricultural Relief Act
(1879), the Land Improvement Loan Act (1883) and the Agriculturists Loan Act (1884).
The first credit cooperative society was formed in Banking in 1903 with the support of the
Government of Bengal. It was registered under the Friendly Societies Act of the British
Government.
But the enactment of the Cooperative Credit Societies Act, 1904 gave Cooperative a definite
structure and shape.
In 1919, cooperation became a provincial subject and the provinces were authorised to make
their own cooperative laws under the Montague-Chelmsford Reforms.
The categorization carried on to the Government of India Act, 1935.
In 1942, the Government of British India enacted the Multi-Unit Cooperative Societies Act to
cover Cooperative Societies with membership from more than one province.
Co-operative Movement in Post-Independence Era:
After independence, cooperatives became an integral part of Five-Year Plans.
In 1958, the National Development Council (NDC) had recommended a national policy on
cooperatives and also for training of personnel and setting up of Co-operative Marketing
Societies.
National Cooperative Development Corporation (NCDC), a statutory corporation, was set up
under National Cooperative Development Corporation Act, 1962.
In 1984, Parliament of India enacted the Multi-State Cooperative Societies Act to remove the
l th f diff tl i th t f i ti
****ELECTION COMMISSION
Article 324
election for MP, MLA, president and vice president

Recent steps by EC
COVID election
The Madras High Court had said that the ECI was singularly responsible for COVID second
wave. And ECI officers should probably be booked for murder.
EC should make judicious use of its plenary powers under Article 324. In the Mohinder
Singh Gill case, the SC said that Article 324 gives wide-ranging powers to ECI to ensure free
and fair elections.
Launched by Election Commission, PPRTMS is an online portal to facilitate tracking of status of
application - for Registration of Political Parties
Telangana State Election Commission successfully tested the facial recognition application for
voter verification at polling stations using real time authentication capabilities —> reduce
impersonation or 'proxy- voting' cases.
Uttrakhand using GIS- to allocate polling booth
Recently, Person with disabilities (PwDs) and people over 80 years of age were allowed to cast their
vote in Delhi Assembly Election through postal ballot.
ECI hosted 4th General Assembly of Association of World Election Bodies (A-WEB) at Bengaluru.

Conlcu
Not just fair but seen to be fair - use it in all offices (like speaker - governor.. etc)
ELECTION COMMISSION

CHALLENGES BEFORE ELECTION COMMISSION

Appointment (and no qualifications )
Removal (+ no further imp)
EC's expenditure - not charged under consolidated fund of india
SO??? for purchase of EVM, VVPAT etc, it has to send proposal to law ministry -> delay in
funding
workload
only 3 members in EC
elections throughout the year
enforcing MCC
credibility
.... non action in mutiple instance inspite MCC violations
 Sikkim (CM) - Waiver
electoral offence
Paid news – not under RPA act 1951
Social media

WAY AHEAD??
Transparent selection process
even CBI (non constitutional and non statutory body) has clearly defined criteria for selection
of its director
...
Charged
appoint more EC -> reduce workload
Power to make rules for election. Now Centre only needs consolation.
offences such as paid news – make electoral offence

News
Electronically Transmitted Postal Ballot System (ETPBS) has recorded a 60% voting in the recently
concluded Lok Sabha elections.

Service voters
(a)member of the Armed Forces of the Union of India
(b)members of Armed Police forces of the States serving outside that state
(c)a person employed under the Government of India,serving outside India

A Service Voter can cast his/her vote by proxy also.

Increase voting %

Member of Parliament(MP) has introduced a private member bill in the Lok Sabha called Compulsory
Voting Bill,2019.
67% turnout.
Compulsory voting can be defined as a legal obligation--> or else punitive measures such as fines
11 countrie- mandatory
e.g. Australia mandates compulsory voting at the national level - The penalty for violation
includes an explanation for not voting and a fine.
****Fake news and Hate speech and TRP issue
FAKE NEWS

WHAT ?
News that intentionally fabricates information and distort actual news report
Also sometimes.. False Context-Information placed in wrong context

Conclu -
Deep fake - Recent AI software helps to even distort video (which people largely believe) -

Impact
Political
violence against opposition party, religion, caste
Social Inciting
Communalism - lynching
Child lifting rumours - In Maharashtra, police were also attacked. To the police, One said “ now
you can take the bodies”, showing no fear of police.
5 lynched
Prev in Tripura, rumour buster was killed.
Personal vendetta
defames individuals or groups
International - Pakistan -Israel

Challenge due to Social Media

Reach of Social Media is much wider the conventional media
Speed at which it spread is very fast
Anonymity

EXISTING MECHANISM?
IPC -
provision against hate speech, disrupting public order
institutional measures
Broadcasting content complaint council (BCCC)
press council of India (PCI)
NEWS BROADCASTING STANDARDS AUTHORITY (NBSA)
Guidelines for accreditation of journalist (April 2018)
States initiatives
150 Kerela govt schools are teaching students - how to spot fake news.

GUIDELINES FOR ACCREDITATION OF JOURNALIST

if fake news -> accreditation of journalist would be cancelled
complaint receiving authority
PCI
 NBSA
disposal of complaint within 15 days
WAY AHEAD?
Law
Institutional mech- District cells etc
Police message and administrative alerts should be sent to stop rumours. (Like SBI do to not give
PIN, or whastaapp message which tells about fake organ donation, etc.)
watch on social media circulations
BY WhatsApp and others - flag those which are forwarded very fast - (bcoz fake news are
interesting)
Community policing
….
Violence —> All internet services stopp.
International co-operation -
FB users can flag articles they think are false -> investigated by third party fact checkers
….
More
Measures need to be taken by various stakeholders:
1. Internet Giant: Google rolled out a set of features and updates that allow users to flag
potentially false stories as “disputed,” triggering a review for validity by independent
organizations. Facebook also recently updated its algorithms to preemptively spot potential fake
stories. Other social media giant must also take que from them.
2. Government: Compulsory and online registration of details of any page or institution etc. So
that after report of abuse against them respective government machinery can take legal action
against them.
3. Vigilance : Various security forces must monitor the online content especially during riot,
calamity period so that rumours will not spread.
4. Citizens: People themselves must cross check any news before reacting over it. If this happens
effectively then it will definitely reduce the effect of fake news on society.

BROADCASTING CONTENT COMPLAINTS COUNCIL

BROADCASTING CONTENT COMPLAINTS COUNCIL
self regulatory body set up by indian broadcasting foundation IBF
for non news general entertainment channel like kapil sharma show

PRESS COUNCIL OF INDIA

statutory body under press council act 1978
regulation of print media
independent of gov

NEWS BROADCASTING STANDARDS AUTHORITY

independent body set up by news broadcaster association
code of ethics + broadcasting standards
electronic media

Hate speech

Instagram - AI powered auto detection and reconsider offensive language.

****GOVERNOR
News
MH Governor writes CM —> “Suddenly turned secular yourself?” And asked to open up temples.
Rajasthan Governorʼs refusal to summon a session as desired by Council of Ministers
WB
J and K governor - telling militants to kill corrupt rather than defence personnels

GOVERNOR
article 153 to 167 in part 6 – state executive – CM, CoM, governor, advocate general
7th CAA 1956 – same person governor for 2 or more states

APPOINTMENT
appointment, removal by president
SC in 1979- Raghulal Tilak Case – office of governor is not an employment under central
government. Hence not under the control of centre
governor model from canada
qualification
indian citizen
age> 35 years
convention
should be outside the state
president to consult CM before appointment

EXECUTIVE POWERS
appoint CM, ministers, SPSC, advocate general, state EC
appoint tribal affair minister in state of MP, Odisha, Chattisgarh, Jharkhand
acts as chancellor of universities in state
appoint vice chancellor of university
recommend imposition of president rule to president

LEGISLATIVE POWERS
ordinance making power
bill become act subsequent to his assent
nominate 1/6th member of legislative council
i t 1 b f l i di t bl
 nominate 1 member from anglo indian to assembly
decide disqualification of member in consultation in EC

JUDICIAL POWERS
pardon, commute, reprive, respite, remission
appoint, promote etc DJ in consultation with HC

DISCRETIONARY POWERS

CONSTITUTIONAL?
1. reservation of bill for president
2. recommendation for imposition of president rule

SITUATIONAL?
When CM dies or resigns and there is no obvious successor
When CoM loses confidence in assembly

WHY IT IS SAID THAT POST OF GOVERNOR HAS BECOME POLITICISED??

Appointment, removal, transfer etc of governor with change in guard at centre
For Center
legislature at centre, state cannot remove him -> absolute patronage of centre
upon direction of centre, he recommend imposition of president rule
Appointment of CM(of particular party) irrespective of majority or single largest party
nomination to assembly and legislative council -> on political consideration, mainly on the
directions of centre
Agst state
Block the bill passed
To harass opponents -
Governor of MH gave sanction to prosecute former CM Ashok Chavan (dec 2017) - quashed
by HC
wide discretionary powers -> ample scope to act independently of state CoM
e.g. TN Gov directly interacting with DM and Commsioners - bypassing elected regime.
CM should communicate adm and propsed legislature.
Other issues in Gov
considered as post retirement hub for judges, bureaucrets
eg. P Sathasivam(Dont take high profile name if criticising) (former CJI) is now governor
of kerala
Agst Rule of law
J and K governor - telling militants to kill corrupt rather than defence personnels

Way ahead
 Discretionary powers must be abolished and replaced with clear guidelines based on the Sarkaria
Commission

Sarkaria Commission - Discretionary powers of the governor - 1983, recommended in cases of a hung
assembly:
One, an alliance of parties formed prior to elections.
Two, the single largest party staking claim to form the government with the support of others,
including independents.
Three, a post-electoral coalition of parties, with all the partners in the coalition joining the
government.
Four, a post-electoral alliance of parties, with some joining the government and some extending
outside support. The Commission rightly makes post-poll alliance, with all parties joining or
offering outside support, the last option.

GOVERNOR - Punchhi
Should not have participated in active politics at even local level for at least a couple of years
before his appointment.
appointment should be by committee
PM
HM
speaker
CM
removal
end doctrine of pleasure - fixed tenure - hence security of tenure
impeachment of governor by state legislature

B singh 2010
SC laid down binding principles for removal of governor
court can interfare when
change in central gov cannot be a ground for change in governor
removal – arbitrarily, malafide
****Jammu and Kashmir - and Daman and Dadra
News
From IPC to property rights- all will automatically apply
3 lists
FR
FD, DPSP
No more Property as FR
No Governors rule
CIC - RTI
Art 370 is still there- but was used to amend art 376 and art 370 itself
Downgraded special status to below states - first time in India

Conclu
A quote attributed to him says, “You wish India should protect your border, she should build roads in
your areas, she should supply you food, grains and Kashmir should get equal status as India. But
government of India should have only limited powers and Indian people should have no right in
Kashmir. To give consent in your proposal, would be a treacherous thing against the interest of India
and I, as a law minister of India, will never do.” - AMBEDKAR

News
Govt intents to direct elections to the second tier of local government, the district development
council (Removed Dist Devpt Authority)
New land buying laws

Gupkar declaration
National Conference + PDP + Other on August 4, 2019—>
unanimously resolved that “all the parties would be united in their resolve to protect and defend
identity, autonomy and special status of the JK against all attacks .”
also exhorted the Centre to take due notice of the “ever increasing skirmishes at the LAC and
LOC resulting in casualties on both sides” and unabated violent incidents in J&K
Terming the events of August 5, 2019 —> unfortunate and unconstitutional move

New land buying laws

Govt planning for 15 year residency norm (to allay fear) for getting benefits of govt jobs, seats in
colleges, ownership of land etc
Exceptions can be AIS, CCS officers etc - for education etc.
Conlcu
 Yes needed but, Centre could have waited till decision of SC.

News
Govt intents to direct elections to the second tier of local government, the district development
council (Removed Dist Devpt Authority)

Advantage/Need?
pave the way for all those desirous of finding a political foothold in “naya” Kashmir.
Getting enough people to contest the DDC elections —>help weaken the Gupkar narrative
DDCs as a career opportunity

Against
Aimed at depoliticisation by cutting up the UT into “district assemblies”,

Way ahead
Restoration of statehood to J&K has to be prioritised, and Assembly elections.

Process
Presidential Order 2019 under Article 370 —> Amend Art 367 : To read expression “Constituent
assembly of state” shall mean “Legislative assembly of state” (which was Governor - under
Presidentʼs Rule)
Then statutory resolution was passed by Parliament to invoke Article 370 —> It was to show
will of people to nation and to world.
Hence President invoked 370 - invoking Art 370(3)
Then J K Reorganisation Act -
 Report by Office of Human Rights (UNCHR) on Jammu and Kashmir
We are upset about
India has said that the report violates its “sovereignty and territorial integrity” as it has used
terms such as “Azad Jammu and Kashmir” and “Gilgit Baltistan” to describe the part of the
State under Pakistani control.
Wani, regarded as a terrorist by Indian security forces, was described as the “leader” of the
organisation
India in its official statement said the report “undermines the UN-led consensus on zero tolerance
to terrorism”.

Dadra and Nagar Haveli and Daman and Diu - Merger

News
Recently, Dadra and Nagar Haveli and Daman and Diu (Merger of Union Territories) Act, 2019 was
passed.

ARTICLE 35A
ARTICLE 35A

WHAT IS THIS SHIT??

empowers J&K assembly to define permanent residents and provide special rights and privileges to
them

FEATURES?
article inserted in the constitution through presidential order, and not ratified by the parliament
(insertion of article require constitutional amendment by parliament)
prohibit non J&K resident from buying property in the state (violation of article 14, 15,19, 21)
job reservation for J&K residents only
Reservation in govt colleges and
Welfare and aid

CRITICISM?
presidential order – illegal (not placed before parliament)
Art - 370 -Temporary provision (bcoz of which 35A came)
protect legislation passed by J&K assembly from being challenged on the grounds that it violates FR
Discriminates against women who marry someone outside state -> they will loose PRS (permanent
resident status) -> violation of article 14
not eligible for land acquisition, job reservation etc
2002 order of J&K HC – women marrying a non PRS men will not lose her rights, but her
children will not enjoy succession rights
children of non state subjects do not get admission in state colleges
economic backwardness – outside factories cannot buy land

ARGUMENTS IN SUPPORT OF ARTICLE ??

Need to honour promise during ʻInstrument of accessionʼ —> else successions tendencies
Facilitiate development opportunity for Kashmiris
other states too enjoy similar privileges (Nagaland, 371A), Mizoram (371G)
if article repealed -> influx of people from outside state -> demographic and cultural change of state

ARTICLE 370 - gives ʼtemporary' autonomous status to the state of Jammu and Kashmir
defence, foreign affairs, communication, finance with india
for other subjects, parliament need state gov's nod to make laws
parliament not have residuary powers
clause 7
state would not be compelled to adopt any future constitution of india
Temporary provision
president can notify that article 370 cease to operate only after recommendation from state
constituent assembly. But state constituent assembly dissolved on 1957.
2015 – J&K HC – provisions are permanent, hence beyond amendment, repeal or
abrogation
 abrogation
But SC said - now State assembly has power
July 2019 – SC agreed to hear plea challenging the constitutional validity of article 370

ARGUMENTS IN FAVOUR OF SCRAPPING ??

it has created psycological barriers and root cause of all problems in J&K
article 370 encourages sucessionist activities within J&K and other parts of india
at the time of enactment, it was temporary arrangement , which was supposed to erode gradually
governance issue
non applicability of RTI act, 73rd and 74th CAA

ARGUMENTS IN FAVOUR OF ARTICLE 370??

Process of repeal could have been by State assembly - (Assent was given by President when
ʻPresidentʼs Ruleʼ was in place)
abrogation of article = encourage secessionist movements and demand of plebiscite ->
internationalisation of kashmir issue
only article 370 is not responsible to secessionist tendency as Pb, Assam, though do not have special
status, experience secessionist movements
abrogation = violation of undertaking given by india through instrument of accession

WHAT WAS GOV IS DOING TO DECREASE SPECIAL STATUS TO IT??

GST – taking away fiscal autonomy
state can only levy state GST

WHY INDIA UNABLE TO SCRAP ARTICLE 370??

border dispute with pakistan in kashmir
sensitive issue -> violence, civil war

WAY AHEAD??
Development
Security
"Operation All-Out" that killed 200+ militants.
Full body protector for CRPF in J and K for protection from fire bombs, acid bulbs etc.
Option of "silent return" - return to normal routine without even forced to return weapons
unlink in the past. The biggest success was "Majid Khan", 22, an ace footballer was emerging as
poster boy for militant. But he returned—> families used to release emotional videos to recall
their sons.
….
remove AFSPA from areas – keeping in mind national security angle
Political
Social
Deradicalisation -
****Judicial Review, Activism and Judicial Overreach
Art 142+ 136
Ensuring “complete justice” and is usually used in cases involving human rights and environmental
protection.
Ayodhya judgment--> first time in civil dispute over an immovable property that involved
private parties.

JUDICIAL REVIEW
power of the judiciary to interpret the constitution and declare any such law, order of legislature,
executive void if contravenes constitutional provision
Power only to SC, HC under article 32, 226
article 13 = any law that takes away or abridges any of the FR shall be declared as void

SC JUDGEMENTS THAT LED TO JUDICIAL REVIEW

Shankari prasad 1951
Golaknath 1967
24th CAA 1971 -
Power to amend constitution including FR
Keshvandana Bharti vs state of kerala 1973
Upheld 24 but Not basic structure.
42nd CAA
No limitation on amending power
Cannot be questioned in court of law
Minerva mills case
judicial review, harmony between FR and DPSP = basic structure
Proclamation of national emergency = judicial review

PROS…CONS… (Acts)
Aadhar case-
Allowing private entities to ask Aadhar - invalid
Arbitration Act
Sec 377
Adultary
NJAC - suo moto
Indira Sahwney
Bommai etc

JUDICIAL ACTIVISM??
It is a "judicial philosophy which motivates judges to depart from the traditional precedents in
favour of progressive and new social policies”.
Judicial activism enjoins judges to use their powers to correct injustices, especially when the other
 branches of government do not act to do so.

IMPORTANT JUDGEMENTS??
PIL
Calcutta HC declared puja Mandir of temples as “containment zones” this year.
Marriage
irretrievable breakdown of marriage - ground for divorce
Politics
Criminalisation of politics verdict
NOTA
Fast track courts
BCCI reforms
spreading awareness through legal aid movement
middle income group scheme

PROS??
fill the vacuum created by other organs of state
Vishakha guidelines

CONS??
not mentioned in constitution. This right conferred upon itself by SC (article 142- may pass such
decree or make such order as is necessary for doing complete justice)
interference in the legislative and executive domain
sometime goes against separation of power – basic structure of the constitution

JUDICIAL OVERREACH
When judiciary assumes the roles and functions of the legislature and executive, thus diluting the
concept of separation of powers, it becomes judicial overreach.

EXAMPLES
1. Changes in O2 level during COVID
2. Uttrakhand HC
bans sale and consumption of liquor in 3 districts
HC cited article 47 (DPSP) - raise the level of nutrition and the standard of living and to
improve public health
earlier, SC refused petition for nationwide ban on liquor (as its a policy matter)
3. Calcutta High court directed the Centre to retain all 15 companies of CRPF (to maintain peace) in
Darjeeling
Internal security and law and order is not under jurisdiction of Judiciary or precisely Judicial
review.
4. National anthem issue (Shyam Chouski)
All cinema halls in the nation to play the national anthem
5 Bombay HC in Jolly LLB 2 movie –
 5. Bombay HC in Jolly LLB 2 movie
constituted separate censorship mechanism outside the purview of censor boards and
recommended cuts
6. Diwali CRACKERS BAN
Relative contribution is not known- constn dust, farm burining, vehicular pollution, etc.
Cracker ban did not impact health and no unusual variation in respiratory illness : CPCB
report.
Interstate water dispute- 136 Special leave (despite 262 - not allowing interference)

WAY AHEAD
Judicial restraint - just give guidelines...
****NCSC - ST- BC
National Comm on Backward class
Article 338B of the Indian Constitution
102nd CAA

How does making the NCBC a constitutional body help?

Now it would be a permanent commission similar to NCSC and NCST
Under the NCBC Act 1993, the Commission merely has the power to recommend inclusion or
exclusion of communities in the OBC list.
now power to hear complaints from OBC (prev NCSC)
can take suo motu case
now power of civil court
welfare and development of backward classes,
annual report to president -> parliament
The Commission, which will have a chairperson, vice-chairperson and 3 members, will regulate its
own proceedings.
**ELECTORAL FUNDING ; STATE FUNDING OF ELECTIONS
STATE FUNDING OF ELECTIONS

FACTS??
association for democratic reforms ADR – 70% of income of parties from unknown sources

Recommendations
1998 : Indrajit Gupta Committee on State Funding of Elections had endorsed partial state funding
of recognised political parties and their candidates

Conclu – Law commission on electoral reforms says more the opacity, more is "lobbying and capture”
by the rich

HOW TO IMPLEMENT IT??

1. As per last election/ post election, disbursement of money to candidates proportional to the votes
secured.
eg. for every vote secured, give him Rs 100
money may be divided equally between candidate and party
min qualifying votes secured to deter non serious candidates
ceiling – needed too
2. national election fund (Former CEC)
private donation in this fund through cheque
democracy cess = 0.5% of total tax liability of citizen
audit by CAG

PROS
1. level playing field for poor candidate
2. dependence of parties on black money would reduce
3. limit the influence of wealthy people on governance
4. internal democracy in party, representations of women, weaker section can be ensured

CONS
1. New comer
2. ban of private donation – against the spirit of democracy
1. elector should be allowed to support the party he is ideologically aligned to
3. huge burden on public exchequer - esp on poor

WAY AHEAD
make anonymous donations – illegal
Switching to complete digital transactions
audit by CAG
party under RTI
Promoting Inner Party Democracy
**Judicial intervention in religious matter:
Judicial
Right to food - Intervention in mob lynching and cow vigilantism
State regulation of temple
Also
Daan - Dakshina Issue in Puri temple
Right to convert - Hadiya case
Triple taalaq
Sabarimala
Haji ali and Shahi shingnapur
Ram Rahim and Asaram Bapu
Legislative
Muslim women act
Maharashtra- anti superstition Act 2013
Karnataka Prevention and eradicaation of inhuman and evil practices bill,2017
PLACES OF WORSHIP (SPECIAL PROVISIONS) ACT 1991

Conclusion: Uniform civil code is the best solution based on basic principles of humanity to deal with
the present situation where it can unburden the Supreme Court from religious incidents and upheld
equality of law for all.

GENERAL POINTS - No intervention is not needed:

India is unlike western secular countries it actively promotes multiplicity of culture.
Can lead to infringement of Right to freedom of Religion.
Can lead to Judicial overreach.

9 JUDGE Bench to decide on 7 constitutional question raised by religious practices

Questions raised by then bench during review of Sabarimala held these questions
Supreme Court has deferred its decision on review of “2018 Sabarimala verdict” until a 9 Judgesʼ
Bench examines broader issues such as essentiality of religious practices and constitutional
morality
 Hence larger issue to answer are
e.g. prohibit women from entering into mosques and temples; and which ban Parsi women
who married inter-faith to enter the fire temple
Not decide individual facts of each case

State regulation of temple

Forceful conversion
Against constitution
“Forcible conversion is no conversion”, Sardar Vallabhbhai Patel, adding, “we wonʼt recognise it.
Rev Staini-laus v State of Madhya Pradesh (1977), a bench of 5 judges of the Supreme Court held
that the fundamental right to “propagate” religion does not include the right to convert a person to
another religion

UP unlawful conversion ordinance

A marriage solemnised for the “sole purpose” of unlawfully converting the bride or the groom is
required to be declared void by the competent court.
Burden of proof on accused
cognisable non bailable
Allurement - punishable

Instant triple talaaq ( violation of Art 14 - equality) - Justice is Blind (Shayara Bano 2017 - 3:2) verdict (2
said its constitutional and govt enact law)

Intro
Defn

Conclu-
There is no provision of instant triple talaaq in Quran.
"what is bad in theology is bad in law as well” - Justice Kurien Joseph

Muslim Women Act, 2019

divorcing through instant triple talaq will be illegal, void and would attract a jail term of three years
for the husband.
cognisable and non bailable offence

Shah bano case 1985

judgement nullified by muslim women act 1986

Need :
Personal law can no longer be privileged over fundamental rights...
Arbitrary talaq also impacted their social status and dignity.
Some practices were so arbitrary that it needed to be stopped. e.g... dubai case
Several Islamic countries disallow instant triple talaq - Pak, Bangladesh.

Issues in Act
Issues in Act
The instant triple talaaq is said to be 'void' but the law PRESUMES that marriage is dissolved and
the pronouncer can be charged for 3yrs and fine
Also it issue 'subsistence allowance' for divorced woman and 'custody of her minor childrenʼ.
So even if not saying directly, but indirectly it considers the marriage to be instantly dissolved.
Civil offence - criminal punishment —> destruction of family (even adultery civil offence)
Also it is made ʻcognizable' and 'non-bailableʼ with 3yrs jail term
The charges are excessive - Charges like Rioting.
Sometimes says in anger —> No provision for mediation, and reformation
Will he or can he give 'subsistence allowanceʼ, esp if he is the only breadwinner.

In favour of criminalisation
Not first time - e.g. Hindu marriage act - both shouldnʼt have spouse
Widow remarriage act 1856..
Similarly Some criminal offence have civil punishment e.g. rash driving
Deterrence theory of criminology is shaping criminal justice system in various countries
Constitutional morality - Art 51A (e) - + 14+15...

Way ahead:
Try for conciliation - by religious heads. 3 term—> then divorce
Even if no solution—> then legal divorce (like Pakistan)

Daan - Dakshina Issue in Puri temple

SC passed interim directions on a petition filed by social activist on harassment and exploitation
faced by visitors
due to the commercialisation of rituals,
and on issues of hygiene, encroachments and management of the temple.
The court has directed the Puri District Judge to file a report on “exploitative practices” +
“coercive collection of large amounts in the form of dakshina”
The Bench directed the Shree Jagannath Temple Administration (SJTA) “
to ensure that no direct collection of the offerings is made by any Sevaks
all the offerings either in hundi or are deposited and accounted for and properly utilized.
To ensure this, the help of CCTV cameras and its footage or other steps may be explored”.
Impact
Servitors say theyʼre largely dependent on the temple for their livelihood

Sabarimala - Young lawyers case (4 :1) (Justice Indu Malhotra)

Issue:- ban on women aged 10 to 50 from entering the sabarimala temple in kerala.

Basis of Judgement - IN SUPPORT

 Art 14
Also- differentiating between menstruating and non-menstruating women
womanʼs right to freedom of worship
Not an essential religious practice - 3 Judges
Justice R.F. Nariman - proceeded on the assumption that the practice was essential but still
found it unlawful

Disallow women
Art 25 and 26

PLACES OF WORSHIP ACT 1991

**PUBLIC INTEREST LITIGATION (PIL)
WHAT??
legal action filed in court of law in matter of public interest
eg. environment matters

WHO CAN FILE IT??

anyone, but in nature of public interest only
such cases occur when
victim – not enough financial resources
life at stake

ORIGIN OF PIL??
originated in US in late 20th century
P N Bhagwati _ Justice Iyer- fondly know as father of PIL —> started judicial activism
(Khatoon case) release over 40,000 undertrialprisoners from various jails nationwide.
India – not explicitly mentioned in constitution BUT
article 39A – equal justice and free legal aid to the poor
FR

REASON FOR GROWTH OF PIL IN INDIA??

More acceptance by courts - menaka gandhi vs union of india
due process in article 21
Awareness among ppl about rights
……...

FEATURES OF PIL??
any person can approach court on behalf of aggrieved party
no specific procedure
post card and letters are treated as petitions in case of bonded labourers, neglected children
etc
Appointment of amicus curie (friend of court) - if the accused is unrepresented then an Advocate is
appointed as amicus curiae by the Court to defend and argue the case of the accused

Note : PIL is not panacea for all the wrongs. There have been instances of abuse of PIL. Therefore, there is a
need to re emphasise the parameters within which PIL can be resorted to.

IMPORTANT JUDGEMENTS as a result of PIL??

Indira Sahwney vs union of india
Hussainara Khatoon Case
plight of undertrials languishing in various jails in Bihar
SC released 40, 000 undertrials from various jails nationwide
Sheela Barse vs state of MH
issue of custodial violence against women in prisons
led to separate police lockups for women convicts
**Reservation policy
Public policy to encourage representation and participation by groups traditionally excluded and
discriminated against

RESERVATION
Political
In Parliament
Poor- EWS
SC-ST
OBC
Women
Transgenders
Minority
Disabled
In Legislative
.....above all
In PRI - ULB
above all
Education
Economic
Govt
Recruitment
Promotion
Private
Recruitment
Judiciary

Recent events
Supreme Court
Prithviraj Chouhan Case 2020 :No fundamental right to reservations in appointments and
promotions under articles 16(4) and 16(4A) of the Constitution —> state cannot be directed (
Its discretion )
States can have sub- groups among SC ST
Reservation in promotion
Categories
EWS - 103rd Constitutional Amendment Act 2018 - 10% for upper caste economically
backward
Maratha reservation - 16% given (30% popu)
Locals - AP reservation - 75% to locals
Judiciary
50% RESERVATION IN JUDICIAL SERVICES IN BIHAR- lower judiciary

103rd Constitutional Amendment Act 2018 --> 10% for EWS

 Inserted Article 15 (6) - make special provisions for advancement of any economically weaker
section of citizens, including reservations in educational institutions
Inserted Article 16(6) -which enables State to make provision for reservation in appointments, in
addition to the existing reservations, subject to a maximum of ten per cent.
“Economically weaker sections” for the purposes of Articles 15 and 16 mean such sections as notified
by the State from time to time on the basis of family income and other indicators of economic
disadvantage
Basis- Article 46 DPSP - to protect the educational and economic interests of the weaker sections
of society.

Supreme Court (SC) : States can have sub- groups among SC - ST for reservation
2005, in E V Chinnaiah v State of Andhra Pradesh - states cannot tinker with the list.
Recent —> not amount to "tinkering" with it (SC (five judges bench)
**SEXUAL OFFENCES
Hathras
Hyderabad
MINOR SEXUAL OFFENCES and POSCO
MARITIAL RAPE (LC)
ME TOO
DEATH PENALTY
Rape (not gender neutral) - men and transgender persons (LC)

Hyderabad rape case - “Instant injustice"

Govt steps taken

Criminal Law Amendment act 2018
Death - that led to death of victim or made her in permanent vegetative state
Death as one of penalty for gang rape - under 12 - for every perpetrator
Life - under 16
112 - single helpline no
SHE teams
Nirbhaya funds
Training to women
Panic buttons
One stop Centre - Sakhi - for women affected by violence
States
Disha Act , AP
Telangana - issued direction - for ʻzero FIRsʼ - ie lodge complaint irrespective of jurisdiction -
then transfer to appropriate station
Nagpur police to drop home - women between 10pm to 6am

Encounter
Second autospy by AIIMS doctors
Submit autospy report (video recorded) in sealed format to Telangana HC

Issue
Rape conviction rate - 30%
6% rise compared to 2016 NCRB data
Some go unreported
Nirbhaya fund
Over the last 5 years, utilisation of amounts released by the MHA - only to the extent of 10%
in Maharashtra, it is 0 %.
Court delays
Trial court granted a staggering 94 adjournments : “Honʼble Justice Madan Lokur"
 g gg g j

Way ahead
Invest in 4 pillars of criminal justice system - police, prosecution, judiciary and prisons
Sensitisation from school
Respect and dignity for other gender
Training to girls - pepper spray etc

Disha Act , AP

What
Envisages the completion of investigation in 7 days and trial in 14 working days - when there is
adequate conclusive evidence
Reducing total judgment time to 21 days from existing 4 months.
The Act also prescribes, death penalty for rape crimes where there is adequate conclusive evidence
Harassment of women through social/digital media - 2 yearsʼ imprisonment

Right to Mercy

News
The Supreme Court has dismissed the plea filed by one of the four convictsin the Nirbhaya gang
rape and murder case, seeking review of its 2017 judgement
Found "no error" on the face of the main judgment requiring any review

Encounter glorified

Bcoz less trust in criminal justice system bcoz of delay + low conviction rate

Bcoz - (why delay ; Why conviction low? )

Witnesses lose interest or do not attend hearings ; some become hostile.
Documents are lost, seized weapons are not traceable.
The investigating officers get transferred and thus can not monitor trials.
The complainant, after pursuing the case for some time, gives up.

Way ahead - need to increase conviction rate and faster decision

Police….
Prosecution
Judges
Reduce adjournments
...
F li di l ffi f i t t d j di i l ffi t ork together as a
 For police, medical officers, forensic experts, prosecutors and judicial officers to work together as a
team, it is essential that formal interactive sessions - today work in silos
Remove any rumours
e.g. "Kasab given sweets in prison everyday” - Chief of MH prison heard rumour

At the same time

Justice Hurried is justice burried
Bench sets aside death penalty of a rape accused convicted after a 12-day trial (Dec 2019)
Man was convicted after a 12-day trial - without proper legal representation
legal aid lawyer appointed for him was given no time to even prepare his defence.

MINOR SEXUAL OFFENCES

News
SC declared sexual intercourse with minor wife is rape (regardless of consent), thus strucking down
the exemption clause(>15yrs) of IPC 375 (Oct 2017)

POSITIVES OF JUDGEMENT?
Reduce child marriage
in line with other laws – POCSO, juvenile justice act, prohibition of child marriage act
all define child as < 18 years of age
exception is contrary to the spirit POSCO Act 2012 where age of consent is 18 yrs

POSCO Act

FEATURES??
definition of child - < 18 years of age
age means biological age, not mental age :SC
gender neutral act – covers both male and female
at least one POCSO court in each district
appointment of special public prosecutor
criminalises
penetration
immodesty against chidren
consensual sexual intercourse between children < 18 years
POSCO Amendment
aggravated if the abused child is mentally ill or when committed by a member of the armed
forces or security forces or a public servant or a person in a position of trust or authority of the
Child e.g. family member, teacher
Death penalty as possible punishment - agst minors

SIGNIFICANCE OF THE ACT??

 child friendly mechanism for reporting, recording of evidence
provide relief and rehabilitation as soon as complaint is made
monitoring of implementation of provisions by National and state commission for protection of
child rights
in line with UN convention on rights of the child
Shakti mills case - Bombay HC upheld punishment of life till death and death penalty for
repeated offence of rape.

CHALLENGES
1. it do not cover mental age (recently SC ruled mental age is not under its ambit)
1. 38 years of age women was raped, whose mental age was 6 years. SC to decide whether the
age under POCSO act also include mental age
2. SC of SA held that age include mental health
2. consensual sexual intercourse between children < 18 years – criminalises
3. evidence recording from child = difficult
4. Disadv of death penalty
Research -shows that 90% of perpetrators arefamily members or those close to or known to
the family. This results in massive underreporting of such crimes. Fear of death penalty might
further reduce it.
Death and rape - same punishment… (more grave concern)
Arbitrariness in imposing death sentences
Law Commission to recommend the gradual abolition of the death penalty in its 262nd
report.

Way ahead
Remove ʻSecondary victimisationʼ - Inadequate child protection and rehabilitation services, lack of
compliance with child-friendly legal procedures
Need doctor, mental health professionals, social workers
Specialised investigators, prosecutors, forensic experts and
Bcoz low conviction rates.

Rise in cases of RAPE + MURDER

News
NCRB data : there was a 30% spike in cases of rape with murder in 2018 as compared to 2017

Possible Reasons
Inclusion of death penalty for punishment against rape encourages the perpetrator to kill the victim -
but need more data to confirm

MARITAL RAPE

Non concensual sex in which perpetrator is victim's spouse

Non concensual sex in which perpetrator is victim s spouse

ARGUMENTS TO CRIMINALISE MARITAL RAPE?

sexual consent is right of every women. The word ʻNo'
marital rape violation of right to privacy, right to bodily integrity and autonomy
UN also recommended in favour
countries where marital rape is crime = US.

ARGUMENTS IN AGAINST??
marriage = sacrosanct
states should refrain from scrutinising any act within the bedroom of the person = right to privacy
gross misuse by women just like section 498A (Dowry)
how to prove marital rape. State cannot install camera in bedrooms

Conclu - Law commission = forceful sex without wife's consent is an offence just as any physical violence

Death penalty

Abolish
Ethical? —> Killing a person who has killed a person to show that killing is wrong...
Irreversibility of Erroneous Judgement - Between January 1, 2000 and June 31, 2015, the Supreme
Court imposed 60 death sentences.It subsequently admitted that it had erred in 15 of them (25%).
Rajasthan High Court has acquitted six Muslim men in the 1996 Samleti blast case after they
spent 23 years in prison.
No study has shown that the death penalty acts as deterrance

Need it
Law commission - Only in cases of terror -bcoz Indiaʼs neighbourhood is not peaceful, unlike
Scandinavia
Cost of maintaining criminals like Kasab - high
Rarest of rare cases only
Conscious of its irreversibility - hence in last 13 years, only 4 people have been executed.

Way ahead
For deterrence to work, the severity of the punishment has to coexist with the certainty and swiftness
of the punishment.

Rape (not gender neutral)

Central Government has informed the Delhi High Court that it is opposed to making the existing
definition of rape under Section 375 (rape) gender-neutral bcoz victims predominantly women.
Issue
Section 375 of the Indian Penal Code (IPC),1860 only covers instances of rape of a woman by a man.
violates Articles 14(right to equality),
15(prohibition of discrimination on grounds of religion, race, caste,sex) and
21 (right to life and personal liberty) of the Constitution
as it does not account for rape of men and transgender persons.
Sexual crimes against boys under 18 years are covered under the POCSO Act but once they become
adults, they do not have any legal recourse.

Recommendation
Law Commission - widening the scope of rape- gender neutral by substituting the definition of ʻrapeʼ
with that of ʻsexual assaultʼ.
**SOCIAL AUDIT
WHAT??
legally mandated process where beneficiaries evaluate the implementation of programme by
comparing official records with ground realities
objectives
accurate identification of requirements
proper utilization of funds
quality of service

BENEFITS??
accountability, transparency, efficiency
Leakages reduce
Infra develops
public confidence and trust
Community participation - awareness increases
reporting of non-compliance, misappropriation, non - efficient utilization of resources and

CURRENT STATUS - Govt steps :

73rd CAA – empower gram sabha for social audit
MGNREGA, 2005
RTI
Institutional measures - monitoring and evolution office at Niti Aayog - for centrally funded scheems
Outcome budgeting

CHALLENGES?
Social audit covers only selected areas out of many
lack of expertise,
inadequate access to data
limited follow up, less legal backing
eg. limited social auditing of MGNREGS, PDS, NRLM

WHAT MORE NEEDS TO BE DONE??

1. proper documentation from planning to implementation process
2. accessibility of documents
3. punitive measures
4. separate directorate for social audit – RJ, AP
5. Educate and awareness

Conlcu
Meghalaya became first state in country to operationalize The Meghalaya Social Audit Act, 2017, a
law that makes social audit of government programmes and schemes a part of government practice.
*DRUNK DRIVING and LIQUOR BAN
IAS officer (Kerela) accused of causing death of a journalist while driving a car under influence of
alcoho

FACTS??
1.5% of total accident – due to drunk driving in 2015 (NCRB)
accident due to drunk driving = more fatal than other reasons

LAWS???
motor vehicle act 2018 -
driving under the influence of alcohol = criminal offence - 6 months imprisonment + Rs 25k fine
SC judgement disallowing any restaurant, bars within 500 m of state and national highways

CHALLENGES??
lack of effective enforcement
police apathy - corruption among police
lack of cooperation from states
RJ changed the national and state highways to local, municipal roads
hotels, bars are creating alternative entrances to claim distance > 500m
Ppl

WAY AHEAD??
installation of ignition interlocks
measures alcohol level of driver
if more than permissible -> do not allow vehicle to start
strict enforcement of law against drunk driving
Cancel licence if caught twice
SARATHI application (centralised system) - 15cr driving license on real time basis - hence canʼt
duplicate now
strict action against lenient police
mass media campaign

Conclu-
DSPS 47 – duty of the state to raise the level of nutrition, standard of living and to improve public
health and
Art 21 stated by SC
Death of breadwinner mostly - harm to others

LIQUOR BAN ON NATIONAL AND STATE HIGHWAYS

SC banned states and UT from granting licences for sale of liquor within 500 m along national and state
highways (under article 142- Enforcement of decrees and order of SC)
AGRUMENTS IN FAVOUR??
reduce drunken driving and resulting road accident
health issue due to alcohol – cancer, liver failure - improve public health

CRITICISM OF THE JUDGEMENT??

500m limit – arbitrary
unnecessary encroachment into executive's domain – judicial overreach
loss of state revenue,
income, jobs,
tourism sector
will give rise to illegal sale of liquor by bribing officers
*Juvenile justice Act
News
Bombay HC set aside the order of JJ board of trying a 17year old boy as adult for killing 3 year old
neighbours child - citing reason as the act is reformative and not retributive
Recently, Sangli NGO DISHA (with help of police, and trader community) rehabilitated a child
after 1 yr counselling sentence. Done a crime once, now work to install CCTV in sangli, and with
his careful saving planning to open a business —> Correctional measure
8 minors were among 40 detained after violence broke out near Delhi gate in Daryaganj - anti CAA
protest
Immediately released - magistrate noted that the detention of children in a police station- is a
ʻflagrant violation of the lawʼ

JUVENILE JUSTICE(CARE AND PROTECTION OF CHILDREN) ACT 2000

PROVISIONS??
1. juvenile can't be treated as adults
2. If children found to be in conflict with the law
1. child shall be placed under the charge of the special juvenile police unit - take JJB within 24 hrs
2. In no case, it clearly states, should a child be placed in a police lock-up
3. max. punishment = 3 years in juvenile reform facility (Rehabilitative and reformative)
4. no death penalty and life imprisonment

NOW —>JUVENILE JUSTICE ACT 2015

PROVISIONS
defines and classifies offences such as petty, serious, henious
juvenile 16-18 years for heinous crime can be tried as adult
matter would be referred to juvenile justice board to assess whether juvenile acted as child or
adult while committing crime
whether the child has the mental and physical capacity to commit such an offence;
whether the child has the ability to understand its consequences;
circumstances in which the offence was committed.
madatory registration of all child care institutions
establishment of children adoption regulation authority CARA

VIEW POINTS IN SUPPORT

1. even <18years = capable of heinous crime (delhi gang rape)
2. juvenile < 10years ; for heinous crime —> juvenile = adult (UK, USA)

Challenges/Issues
17years 364 days vs 18 years?? - what to consider
In above murder -JJ Board only considered report of ʼsocial investigationʼ and ʻmedical healthʼ —>
no extra effort
 Bombay HC said—> like this all will become ʻopen and shut cases'
If tried as adult, after release may join organised crime syndicate
*LEGISLATION AGAINST TORTURE
India signed UN convention against torture in 1997 but have not ratified it
Conclu -
CJI requested the government to ratify the convention

UN convention against torture

KEY PROVISIONS OF CONVENTION??

prohibition on deportation / extradition of person to country where there is chance of torture
criminal liability for torture
courts must ban the use of evidence produced by use of torture

ARGUMENTS IN FAVOUR OF RATIFYING THE CONVENTION?

Incidents of custodial deaths and torture
Recent example of bus conductor of Ryan International forced to confess murdering of
schoolchild.
Torture -> hatred towards state machinery as no opportunity given to perpetrator to reform
(retributive instead of reformist)
violation of human rights – right to dignified life (article 21)
difficult to extradite criminals
UK's hesitation in extradition of Vijay Mallya to India due to lack of anti torture legistation
Recent UK refused to send 2 person to face trail in India, one of them on the found that there
was "no effective system of protection from torture in receiving state"
UNHRC review meeting – criticised india for its record on torture by police

ARGUMENTS IN FAVOUR OF NOT RATIFYING THE CONVENTION?

Torture - Deterrance value – fear in the mind of criminals
confession of truth – torture was used to extract truth from Kasab, perpetrator of 26/11 mumbai
attack

**PREVENTION OF TORTURE BILL 2017

wide definition of torture
include physical pain, inflicting injury (physical, mental, psychological)
states to own responsibility for injuries caused by its agent
punishment to public official engaged in torture

RECOMMENDATION OF LAW COMMISSION OF INDIA?

Presumption of guilt
if a person in police custody is found with injuries, it would be presumed that those injuries are
inflicted by police
compensation and rehabilitation
WAY AHEAD?
Ratifying the treaty and prevention of torture bill
*Paid news
WHAT??
Paid news - news, articles, editorial etc published in any print or electronic media for which media
house has been paid for
EC recently disqualified MP minister (2017) for not accounting paid news in total electoral account

Conclu - LAW COMMISSION?

Paid news = electoral offence

WHY PAID NEWS BAD??

disturb level playing field for poor candidate : if rich candidate secretly pay media houses for
favouable reporting, poor candidate don't get a level playing field in contesting elections
Often resorts to spread fake news / distorted news
money paid is not accounted in the IT return or expenditure incurred by candidate during elections
selection of wrong candidate : paid news leads to selection of wrong candidate

WHAT EC HAS DONE TO REGULATE PAID NEWS??

EC has set up MCMC committee at every district and state levels (media certification and
monitoring committee)
scrunitizes media coverage within its jurisdiction
if any suspicion of paid news, send notices
if reply = unsatisfactory, money spend on paid news is accounted in the max expenditure
allowable

CHALLENGES
difficult to prove paid news : money transfer through Hawala and in kind
politicians with their own media houses
too much discretionary powers to editors and media houses
EC cannot punish media house indulging in such activities

WAY AHEAD??
paid news should be made electoral offence by amending RPA act 1951 – 2 years jail term +
disqualification
gov advertisement before elections should be considered as paid news
time bound manner of settling such disputes by EC
upper limit on party expenditure
*Political parties ; Inner party democracy
Why need political party
Prevent hegemony
Providing voice to ppl
Help in public policies

Characteristic features
Negative
Lack of effective oppostion party
lack of ideology
Emergence of regional parties
Faction and defection
Positive
Multi party system
.....

Proxy political war among parties

Using Media - e.g. Republic TV and MH govt vendetta
Using constitutional bodies - Governor etc
Using court -
Using citizens

Inner party democracy

WHAT?
Level and methods of including party members in decision making and deliberation within the
party

FACTS AND FIGURES?

2nd ARC - favoured laws to ensure IPD

Conclu
Germany – to be choosen by direct secret vote at both constituency and federal level
Germany has legal provisions to ensure inner party democracy
The biggest weakness in India is many parties are 'leader-centric' and nepotistic. And these leaders
need a strong will to give away their discretionary power.

Why?

MEASURES NEEDED TO ENSURE IPD?

Party constitution
 Dates and timings of election and procedures
Decentralization of party funding
broaden the function of parties against merely winning elections

ARGUMENTS IN FAVOUR OF INNER PARTY DEMOCRACY?

Accountability of party leadership
reduce nepotism, dynastic politics, Oligarchic setup / ʻleader centric' —> Induce competition even
if not got ticket
space for dissent -> reduce number of factions within the same party
Transparency in handling funds
Sense of ownerships
Lets ground leaders grow to handle top party positions

ARGUMENTS AGAINST IPD?

Internal strife -> break down of party machinery
Threatens efficiency - want freedom to decide internal structure and processes of parties
Loose statement

WAY AHEAD?
Comprehensive law for IPD
penal provisions for violations

Coalition governement

Advantages
1. Consensus or majority based decision are taken considerings views of every party .
2. Regional aspirations are fulfilled or considered.
5. More responsible government
Disadvantages
1. Unstable government
2. Time consuming process of decision making .
3. Sometimes National interest is kept aside for accomplishing regional interest.
didnt concluded water sharing agreement with Bangladesh because West Bengal regional party
was of the veiw that it will hamper WB development.
*Prevention of Corruption Act 1988
Corruption perception Index : Transparency Intl - 2 rank lowered to 80
Due to non-transparent political funding.

Amendment Features -
Criminal misconduct redefined-

Giving bribe made punishable offence: The Bill introduces offence of ʻgiving a bribeʼ as direct
offence. Person who is compelled to give bribe if he reports matter to law enforcement authorities
within seven days will not be charged with this offence.
Prior approval for investigation:It is required to take prior approval of relevent govt. or competent
authority to conduct any investigation for any govt officer. (3+1 months)

Special judge.
Trial time limit: The bill set trial time period within 2 yrs if it is handled by special judge.
The Bill provides for jail terms of three to seven years, besides fine, to those convicted of taking
or giving bribes to public officials.
Special judge can allow for forfeiture of property
Analysis:
1.Protection for bribe givers appearing as witnesses removed.
earlier, during trial, if a person makes a statement that he gave a bribe it would not be used to
persecute him for the offence of abetment. Now this provision is removed. This may deter bribe
givers from appearing as witnesses in cases against public officials.
2. Certain provisions related to criminal misconduct is diluted.
The Bill has replaced the definition of criminal misconduct. It now requires that the intention to
acquire assets disproportionate to income also be proved, in addition to possession of such assets
*PREVENTIVE DETENTION
FACTS??
india – one of the few nation where PD is valid even in peacetime

PREVENTIVE DETENTION??
action taken to prevent possible committment of crime
4 grounds
security of india
public order
maintenance of essential supplies, services
foreign affairs
person detained under PD do not enjoy rights under article 19,21

WHY WAS IT INTRODUCED IN CONSTITUTION??

India = multi religion, ethnicity, caste, class = conflict
India = partition, civil war

CRITICISM??
used to settle political score and electoral gain (eg. Punjab)
invoked on mere suspicion
police use it to buy more time to investigate offences and file charge sheet

RELEVANT ARRTICLES??
article 22
preventive detention cannot exceed 3 months
within 3 months, every case of preventive detention must be placed before advisory board
consisting of High court judges or person qualified to be HC judge
NSA, PSA
*Prison reforms
CHALLENGES IN PRISION

INTRODUCTION
according to prison statistics of NCRB (2013) – occupancy ratio of 20% more than the capacity
Tihar jail
capacity = 6000,
actual = 14000
suicide rate in prison is 1.5 times of that in normal condition – 2014 NCRB report

PROBELMS IN PRISONS??
Police
custodial violence
suicide
Overcrowd
2/3rd prisoners are undertrials
And in that 2/3rd are illiterate
120% occupancy : NCRB (2013)
some – too poor to get bail
Family members discard
localised reasons – insurgency, cross border crime, naxalism
Increasing popu need more jails in same proportions (even if crime rate is constn)
high crime rates in some regions
Prison
Smuggling a prohibited article into a prison is a punishable offence - mobile phones, drugs,
intoxicants...
prison riots - violence
insensitive attitude of jail authorities
corruption and other malpractices
Karnataka IPS Roopa- exposed enjoying VIP facilities.
Future
rehabilitation after release

OTHER ISSUES??
rights of prisoners
article 21 – right to life and liberty prohibit inhuman and degrading treatment
right to reasonable wages in prison
access to legal aid (article 39A)
article 21 – right to speedy trial
condition of women inmates and their children

RELEVENT CONVENTIONS??
UN convention against torture
 model prison manual 2016

GOVERNMENT INITIATIVES??
Hunar Haat (here, products made by inmates of Tihar jail are being showcased and sold)
vocational training to inmates in Tihar jail
NGOs working to provide educational facility to children of prisoners in Odisha (feb 2017)
distribution of books
paying exam fees
Open prison system in Rajasthan
Benefits...

WAY AHEAD?
Police
install CCTV cameras in police station - bcoz of Custodial violence and killing
To reduce overcrowd
Police
Bail for petty crimes- no solid evidence
Prisions
increase capacity of existing prisons
establish more prisons
Judicial reforms…..
..
Out of court settlement - ADR
Prison
nomenclature of prison department be changed to prison and correctional administration
every state – welfare wing under prison departmentcomprising welfare officer , law officer,
counsellors and probationer officer
states to adopt provisions of model prison manual 2016 to ensure uniformity of prison rules and
regulations
exisiting vacancies in prison department to be filled up
prison e system to be integrated with crime and criminal tracking network system as well as e
courts
prisons should be linked with courts through video conferencing for expeditious trial and saving
cost (e-courts)
special training course on de radicalisation of prisoners
Prisoners rights
separate prison cells for undertrials
Regular medical check ups
education to children of jail inmates
Training to all. Hunar haat...

Conclu
Kozikode example - reformative
objective of prison system – bringing back the offender back into the mainstream fold
 objective of prison system bringing back the offender back into the mainstream fold
Hate the crime and not the criminal – Gandhi

OPEN PRISON

WHAT?
Minimum security prison, prison without bars
open in 4 aspects
open to prisoners – prisoners can go out in daytime, but have to return at night
open in security – absence of walls, security guard
open in organization – inmates sense of self confidence, responsiblity
open to public

BACKGROUND?
1st open prison in 1905 in Bombay presidency
prison = state list

RECOMMENDATIONS?
All india committee on jail reform 1980 – recommended setting up of open prisons

BENEFITS?
Reduce over crowding
retributive to reformative approach
economic – work in road construction, dam construction
psychological – self confidence, morale
easy rehabilitation after release

WAY AHEAD?
Power to courts to send certain category of offenders directly to open prisoners
providing them skill, training -> easy integration into mainstream after release

Remission

News
Tamil Nadu government released 13 prisoners serving life sentences for the massacre of 6 Dalit
men in the village in 1997

How Remission works

Each State has its own prison rules because ʻPrisonsʼ is a State subject.
Each State has a different way of calculating remission.
e.g. conduct - good behaviour gives 2 day / month remission
k th t d i i
 work that you do in prison
But there is Sentence review board and proper procedure - done 6 month befogging nearing 14 or
20yrs of prison
Facts based on
Whether the personʼs potential for crime has ended,
whether his family is in socio-economic need,
whether he will be useful to society.
The DCP and then the probation officer make an assessment.
By Gov / Presi

In favour of remission
Punish sin, not the sinner - no meaning to keep in jail for lifetime except in certain offences
e.g. terrorist crime - in that too who has been core believer for ages and not rookie who have been
instigated and radicalised

Against
No evidence that he will not commit such a crime again like in UK knife stabbing recently
Many times given for political reasons

SC stand
Sriharan Case 2015 - The appellate court, ie HC or SC- can explicitly exclude the remission powers
*PUBLIC ACCOUNT COMMITTEE
FACTS
set up in 1921 under 1919 act

COMPOSITION
till 1967 , chairman from ruling part. After 1967 from opposition
22 = 15 from LS and 7 from RS, principle of proportional representation by means of single
transferrable votes
constituted by parliament each year
no minister can be elected as member

FUNCTIONS
examine audit reports of bodies audited by CAG
to hold executive accountable for its spending of public money
vigil on the spending and performance of government
bring to light inefficiency, wasteful expenditure
decision by consensus

CHALLENGES
post mortem exercise – not effective in preventing loss
meetings are closed door – secrecy
Party interest prevails over national interest
only advisory role
lack of consensus
lack of technical expertise – members are MP (amateur)

WAY AHEAD
powers to avail technical expertise through secretaries
Minutes of meetings should be made public
Time limit for gov to submit action taken report of PAC's recommendations
*Rule of law + Law and Liberty
Court - Check and balance
Liberty is sacrosanct - even one day in jail is too many
*SC ruling on the anti-atrocities law
Atrocity - cruel act, typically one involving physical violence or injury.

Types of crimes
Honour killing
Groom riding on mare during marriage
Social boycott

Background:
In Subhash Mahajan 2018, the Supreme Court had diluted
No immediate arrest
officialʼs appointing authority ; Senior Superintendent of Police
It had also allowed anticipatory bail.
Government filed a review petition

About SC/ST Amendment Act,2018: -->

Preliminary enquiry shall not be required for registration of a First Information Report against any
person.
The arrest of a person accused of having committed an offence under the Act would not require any
approval.
The provisions of anticipatory bail shall not apply

Disadv
Mere scope for misuse of an Act is not a ground to invalidate it.
Duty to protect the weakest as atrocities against Dalits are a grim social reality hence a stringent law
to combat it.
e.g. Caste based riot in Haryana in 2010 where mob of people from the dominant community
burned down 18 houses belonging to the Valmikis, a Dalit community
Delhi HC - convicted 4 for murder and 28 others for rioting (2018)

Way ahead
Improve conviction rates
lack of proof
Castes politics plays during criminal justice system

SC AND ST (PREVENTION OF ATROCITIES) ACT 1989

FACTS AND FIGURES??

50000 – number of crimes against SC in 2016
Rose by by 25% in one decade
 y y

PROVISIONS??
defines various types of atrocities and subsequent punishment
punishment for neglect of duties by public servant
investigation cannot be done by officer below the rank of DSP
special courts
appointment of special public prosecutor

2015 AMENDMENT
abusing SCs or STs by caste name in public
atrocities like social and economic boycott
permiting manual scavenging
Euthanasia
Euthanasia -
passive euthanasia – withholding treatment and life support system in order to relieve pain and
suffering during death
active euthanasia – use of lethal substance to kill

What is the issue :

Article 21 right to live with dignity. When you are in pain, that dignity is lost and you are forced to
rely on your kith and kin for support.
Lavate couple from Maharashtra say that they do not wish to be a burden on society in their old
age. They donʼt have children and their siblings are no more.

Courts stand-->
SC - GIAN KAUR 1996– right to life with dignity does not include right to die
The path-breaking judgment in SC- Aruna Shanbaug v. Union of India (2011)- permitting passive
euthanasia for terminally ill patients under the strict supervision of the High Court, in consultation
with a team of doctors treating the terminally ill patient.

Process
Now the Constitution Bench -allowed ʻliving willʼ, a practice whereby a person, while in a
competent state of mind, leaves written instructions - invoked Article 142(complete justice)
During action - committe of doc and judges- say 'okay'
The stringent conditions imposed by the court - to serve as a set of robust safeguards and allay any
apprehensions about misuse.

Why active cannot be allowed?

The chances of its misuse are high - for property, money, or because of animosity among family
members and other petty issues.
difficult to prove --> 'beyond reasonable doubt'.
May lead to neglect of the elderly
Rt to die will impose- duty to kill on doctors. (Moral wrong)
No country's legislation has allowed active.
In Belgium, euthanasia is allowed in the case of terminally ill children

Passive
May lead to neglect of the elderly or other ill persons esp poor (if cost of treatment high)
Rt to die will impose- Rt to kill on doctors. (Moral wrong)

Way ahead?
Now, petition to end lives are increasing. The absence of any law -The courts become arbiters of
the fate of such people. Hence will suffer fromarbitrariness and uncertainty — two qualities that
make for bad law.
Conlcu
Lavates' are physically and mentally fit. They can help society in innumerable ways.
O ice of profit
News
Recently, President has rejected a petition demanding disqualification of Delhi MLAs for allegedly
holding office of profit.
****ORDINANCE
WHAT??
legislative making powers of executive
article 123(president) and 213(governor)
issued on the aid and advice of CoM

POSITIVES??
urgent matter when parliament is not in session

NEGETIVES??
bypass legislative scrutiny
no discussion, debate, deliberation

COURT JUDGEMENT?
Cooper case 1970
ordinance power of president subjected to judicial review(ke nai hai upar) under article 13
Wadhwa case 1987
successive re-promulgation of ordinances = violation of constitution and can be struck down
Krishna singh 2016
failure to place ordinance before the legislature constitutes abuse of power and fraud on the
constitution
Ordinance can be struck down if malafide, arbitrary

WAY AHEAD??
ordinance route should not be taken on matters which are being considered or have been introduced
in the house or any parliamentary committee
if matter = urgent, committee should be asked to submit its report within stipulated time
allow ordinance on a matter only once
****Pressure groups
WHAT IS IT??
group of people, organised for promoting and defending their common interest
change in public policy by exerting pressure on Administrative – political system
do not contest elections, nor try to capture political power
often employ both legal and illegal methods

TECHNIQUES USED BY THEM??

electioneering – placing people in public offfice sensitive to their interest
lobbying – persuading officers and policy makers to implement policies in their favour
propoganda - making public opinion

WHY RISING??
Democracy - needs and views of ppl are much imp for political class
market economy
every group want more e.g. MBBS doctor against Ayush.
Activist angle / protection of rights
nuclear plants, mining
Awareness among ppl
Increasing influence of Media

EXAMPLES??
business groups – FICCI, ASSOCHAM
trade unions – AITUC
minimum wages
workers participation in management
Agrarian groups – all india kisan sabha
professional association – Bar council of india , IMA
student organisation – ABVP
NGOs...
Religious orgz - RSS, SGPC
Caste groups - Harijan sevak sangh, etc
Tribal - NSCN
Linguistic- Tamil sangh
Ideology based - Narmada bachao andolan, Chipko

ROLE IN DEMOCRACY
policy making
e.g. AYUSH - allopathy; Orange passport - migrant worker in Middle East
check against concentration of power - checks and balance
Pluralism – multiple voices and interests can come out
Voice to minority e.g. Naz foundation - LGBTQ
Touch in ppl between election - Anna Hazare- Lokpal
 Competing pressure grp - help grass root activism

LOBBYING

Conlcu
In India, corporate lobbying in form of briefing and presentations to ministers and officials is
increasing. Needs more transparency while decision making.

Should legalise lobbying

Part and parcel of democracy
Legitimate right in US
Need lobbyist to register

No
Companies with more money - manipulate the system - poor companies will lose
Some lobbyist may become very powerful - affecting policy making e.g. US - Civil society want strict
norms on gun laws - but pressure from National Rifle association (NRA)

Way ahead
If want to legalize
Need Clear defn
Transparency in policy making - that why this decision - based on such facts etc
Rather than restricting access to policymakers only
Increasing participation of citizens
****PRIVACY + DATA
PERSONAL DATA PROTECTION BILL 2019

News
The Telecom minister also that India will uphold its data sovereignty and it will not be negotiable.
However,some degree of data movement may be allowed but that will be based upon reciprocity
and understanding (2019)

INTRODUCTION :
India - second largest internet user base.

Need for localisation or bill

Puttaswamy judgement interpreting the right to privacy as a fundamental right
Cyber security & National security reason - prevent foreign attack and surveillance
incidences of identity theft, unauthorised access
leaking of sensitive information online
Economic growth - can tax in future
Support local companies - as other companies have to setup data processing centre separately.

Defn
DATA PRINCIPAL: It is the person, company, or entity whose information is being collected.
DATA FIDUCIARY / data controller: This can be a person, state, company, or any entity that decides
why data should be processed and how it should be processed..... e.g. FB
DATA PROCESSOR: Processing itself may be conducted by a third-party- hence to delineate
responsibility as data moves from group to group.
e.g. Facebook (the data controller) was hit by controversy over the actions of a third-party data
processor, Cambridge Analytica (data processor)
HARM: It relates harm to mental injury, identity theft, finances, reputation, employment,
discrimination, and service denial.
PERSONAL AND SENSITIVE DATA:
 “Personal data” can identify the person associated with the data
while “sensitive personal data” covers a list of categories such as passwords, finances,
health, biometrics, caste, and more.
Critical personal data - govt can term anything as ʻcriticalʼ e.g. military or national security
data

PROVISIONS :
Recommended establishment of Data Protection Authority of India - receiving grievances and
handling enforcement, research, awareness, audit..
Highlighted responsibility of data fiduciary while handling the personal information about data
principals so that privacy is safeguarded.
Data fiduciary shall bear the burden of proof to establish that consent has been given.
Explicit consent - unless you have given your explicit consent,your personal data cannot be shared or
processed.
Data Principal Rights :
Right to confirmation and access
Right to correction
Right to Data Portability
Right to Be Forgotten
Transfer of personal dataoutside India :
Now only requiring individual consent for data transfer abroad.
Sensitive personal data to be stored only in India.
Can be processed abroad only under certain conditions including approval of a Data
Protection Agency (DPA).
Critical personal data must be stored and processed in India.
Mandates fiduciaries to give the government any non-personal data when demanded. Non-personal
data refers to anonymised data, such as traffic patterns or demographic data
Lays down the size of penalty and even jail time for offenders

CONCERNS :
If all countries began to protect their data, it may backfire on Indias own companies seeking global
growth
Critics say - surveillance state - draft surrenders the right to privacy to matters of national interest
(hence govt can say- Aadhaar data is in the public interest and therefore non-consensual.
Bill should have defined some accountability on part of the government when it processes
personal data of the users without consent
Allows companies to store data outside India unlike European Unionʼs (EUʼs) General Data
Protection Regulation (GDPR) which mandates that every EU citizenʼs data be stored within the EU
Security against foreign attacks and surveillance, harkening notions of data sovereignty.
Government support and says - 121 Indian citizensʼ WhatsApp accounts were hacked by an Israeli
software called Pegasus

Govt Initiatives
In 2018: the Reserve Bank of India(RBI) had asked payment firms to ensure their data are stored
 In 2018: the Reserve Bank of India(RBI) had asked payment firms to ensure their data are stored
exclusively on local servers (Data localisation) .This had affected US foreign firms such as
Mastercard and Visa.
Data localisation refer to regulations that dictate how data on a nationʼs citizens is collected,
processed and stored inside the country.
US want relaxation in data localisation
G20 summit in Osaka,Indian Prime Minister did not sign onto a 'Declaration of data free flow'
proposed by Japan

WAY FORWARD :
...

Privacy Vs Public safety

News
US Attorney General (also had court orders) had asked Apple to provide access to two iPhones used
by Saudi Air Force officer who shot and killed three people at a naval base in Florida

In favour of privacy
Back door entry avoiding its encryption - can be exploited easily, and would compromise the
security of all iPhone users.
Could be used by hackers and cyber criminals worldwide to hack
Lot of personal data like financial, health data in stores
Could be used for state surveillance

How privacy can be sacrificed

Human link - Aadhaar database beingvulnerable to leaks and misappropriation.
back-alley transaction which went on to expose how readily, cheap, and easy it was to gather
private data which was protected under layers of security and surveillance.
Facebook can locate user - even if one opts out of tracking
Selling to other companies e.g. Cambridge

Govt initiatives against privacy --> for public safety and national security
1996: In the landmark Peopleʼs Union for Civil Liberties vs Union of India, the Supreme Court gives
guidelines for interception of telecommunications, specifying who can issue interception orders, on
other alternatives, on the duration of the order, and on the specific nature of the order.
2000: The Information Technology Act. It is one of the primary laws regulating monitoring,
interception, decryption, and collection of digital communications and information.
Under IT Rules 2018 - “Traceability” of content could be done - breaking end-to-end
encryption - to control online content deemed “unlawful"
2018 : MHA allowed 10 agencies to intercept computer based information stored in comp (with
proper procedure)
India is among seven countries to back a UK-led campaign(US, Canada, Japan ) against end-to-
d ti f b i l di i h F b k
 end encryption of messages by social media giants such as Facebook.
bcoz - Obstacle for law enforcement against illegal activities by blocking all access to them.

Awareness among stakeholders

Citizens
Face app (parent company Russian) —> accused of stealing data. Faces captured will be used for
facial recognition and make possible identity theft.

Encryption Policy

WHAT IS ENCRYPTION??
process of encoding messages or information in such a way that only authorised parties can read it

Pegasus Spyware

Why in News
Recently, it has been reported that Pegasus, the malicious software, has allegedly been used to
secretly monitor and spy on an extensive host of public figures in India.

Facts
By NSO, Israel
Used by Mexico to capture El-Chapo
Saudi official story --> demonstrate.
Under Wassenar agreement - one of the most sensitive weapon
Sold only to Govt
List of ppl to be surveillance - seen by Israel govt (to check on govt)
End use observation (i.e. whom exactly done to surveil)
Ppl under surveillance
Imran Khan,PM --> brilliant --> but how in the world do you get caught
Others
PK
Ashwini Vaishnav, etc
Gets into phone by no-click mechanism (by apple message) - spears --> phone gets
compromised
Analysis
Mostly relatively lower income countries have spied on other --> to balance security
(some exceptions like Pak)
Got into Macron phone (despite having good internal cyber security)
Coincided with Netanyahu visit (to improve Israel relations + exports)
Imagine --> how many bugs like pegasus must be there in world --> Need to ensure
 security of our top leaders.

Surveillance Laws in India and Privacy

Why in News
Recently, a global collaborative investigative effort has revealed that, at least 300 individuals in India,
were potentially identified for targeted surveillance using sophisticated spyware
called Pegasus. However, the government has claimed that all interception in India takes place
lawfully.
Communication surveillance in India takes place primarily under two laws -
the Telegraph Act, 1885 and
the Information Technology Act, 2000.
While the Telegraph Act deals with interception of calls, the IT Act was enacted to deal with
surveillance of all electronic communication.

Key Points
Telegraph Act:
Under Section 5(2) of this law, the government can intercept calls only in certain situations:
Interests of the sovereignty and integrity of India,
Security of the state,
Friendly relations with foreign states or public order,
Preventing incitement to the commission of an offence.
These are the same restrictions imposed on free speech under Article 19(2) of the Constitution.
However, these restrictions can be imposed only when there is a condition precedent -
the occurrence of any public emergency, or in the interest of public safety.
Further, the grounds of selecting a person for surveillance and extent of information gathering
has to be recorded in writing.
This lawful interception cannot take place against journalists.
Provided that press messages intended to be published in India of correspondents
accredited to the Central Government or a State Government, unless their transmission has
been prohibited under this subsection
 been prohibited under this subsection.
Supreme Court Intervention: In Public Union for Civil Liberties v Union of India (1996), the
SC pointed out lack of procedural safeguards in the provisions of the Telegraph Act and laid down
following observations:
Tapping is a serious invasion of an individualʼs privacy.
It is no doubt correct that every Government exercises some degree of surveillance operation
as a part of its intelligence outfit but at the same time citizenʼs right to privacy has to be
protected.
Sanction for Interception: The above mentioned Supreme Courtʼs observations formed the
basis of introducing Rule 419A in the Telegraph Rules in 2007 and later in the rules prescribed
under the IT Act in 2009.
Rule 419A states that a Secretary to the Government of India (not below the rank of a
Joint Secretary) in the Ministry of Home Affairs can pass orders of interception in the case of
Centre, and similar provisions exist at the state level.
IT Act, 2000:
Section 69 of the Information Technology Act and the Information Technology (Procedure
for Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009 were
enacted to further the legal framework for electronic surveillance.
However, the scope of Section 69 the IT Act is much broader and vague than the Telegraph Act as
the only condition precedent for engaging electronic surveillance is for the “investigation of an
offence”.
These provisions are problematic and offer the government total opacity in respect of its
interception and monitoring activities.
Associated Issues with the Surveillance:
Legal Loopholes: According to the Centre for Internet & Society, the gaps in laws allow
surveillance and affect privacy. For example:
Ambiguity on issues like type of interception, granularity of information that can be
intercepted and the degree of assistance from service providers helps in bypassing the law
and aids surveillance by the state.
Affects Fundamental Rights: The very existence of a surveillance system impacts the right to
privacy (held by the SC in K.S. Puttaswamy v. Union of India case, 2017) and the exercise of
freedom of speech and personal liberty under Articles 19 and 21 of the Constitution.
Authoritarian Regime: The surveillance promotes spread of authoritarianism in the government
functioning since it allows the executive to exercise a disproportionate amount of power on the
citizen and impacts their personal lives.
Threat to Freedom of Press: Current revelations over the use of Pegasus highlights that
surveillance was also conducted on many journalists. This affects freedom of press

Way Forward
There is a need for reforms in the Indian surveillance regime, which should incorporate ethics of
surveillance and considers the moral aspects of how surveillance is employed.
In this context, there is a need for a holistic debate before the Personal Data Protection (PDP) Bill,
2019 is enacted.
So that the law can be tested against the cornerstone of fundamental rights and growth of the
 digital economy and security of the country can be balanced

News
New OTT platform rules
Co-operatives society
Disha Ravi toolkit issue and Farmer protest
Sedition law
UAPA
Covid 19 Pandemic in India - Role played by Government and Opposition parties during
pandemic
Press freedom - rank 142/180
66A of IT act (still used)
International
Protest
United Kingdom's Police, Crime, Sentencing and Courts Bill explained - What is Kill the
Bill protest
USE OF DATA
****ROLE OF RAJYA SABHA - Legislative council
SHOULD RAJYA SABHA BE ABOLISHED???

ARGUMENTS IN AGAINST??
keeps check on the arbitrary and ill conceived legislation passed by LS
prevent authoritarian rule
reflect the role of states in indian polity
permanent chamber to initiate public debate
nomination of experts -> extensive debate
shares the burden of lower house
extra powers
creation of all india services
resolution to empower parliament to enact law on state list
give representation to the people- who unable to get representation in LS

ARGUMENTS IN FAVOUR?
blockage of key legislation
Same party rule in both houses -> bill passage in ad hoc and haphazard manner
bypassing RS's scrutiny -> money bill
backdoor entry -> for defeated candidate

AP Passes resolution of Council removal

News
AP Passes resolution of Council removal
Reason
Not much ʻutilityʼ - “When the Assembly has 3 Ph.D-holders, 38 post-graduates, IAS,
Civil servents etc...
Expenditure
Some states already passed resolution for Council like Rajasthan, Assam - but Parliamentary
approval pending

What
The Legislative Council is the upper house in those states of India that have a bicameral legislature

Constitutional provision
Its establishment is defined in Article 169of the Constitution of India. At present, Uttar Pradesh,
Bihar, Telangana, Andhra Pradesh, Maharashtra and Karnataka have a legislative council.
Removal -
Assembly resolution - 2/3rd present and voting + > 50% of total
Simple majority - in Parliament
 Each Member of the State Legislative Council (MLC) serves for a six-year term
MLC must be a citizen of India, at least 30 years old, mentally sound, not an insolvent, and must be
enrolled on the voters' list of the state for which he or she is contesting an election.
Max - 1/3rd of Assembly
Min 40
How filled
1/3rd by Assembly
1/3 by local bodies - such as municipalities, Gram panchayats, Panchayat samitis and district
councils.
1/6 - Governor nominates - knowledge or practical experience in fields such as literature,
science, arts, the co-operative movement and social service.
1/12th - student- persons who are graduates of three years'
1/12th - teachers - engaged for at least three years in teaching in educational institutions

Way ahead
Reform in Council - Need not just from teacher, students but also —> doctors, engineers, CA,
entrepreneurs, businessmen etc
For better debate - aloof from politics - and dont want to get into it.
Should not be backdoor entry - for those lost in Assembly election - or else politicised
****Social media and OTT platforms
Use of social media in elections

SOCIAL MEDIA?? PIE

online platform to interact, engage and participate
eg. FB, twitter
1.5 billion (India popu - 1.3billion) people on average log onto Facebook daily;
 ( p p )p p g g y;
Second most populated country on the Internet, paradoxically,
also has the highest number of unconnected individuals since only about 30% of the countryʼs
population has experienced the Internet so far.

ISSUE of using social media-

Enforcing moral code of conduct tough (especially before 48 yrs)
Social media campaigning expenditure is hard to track
Thus, leaves the scope of Unrestricted electoral funding
Possibility of Crony capitalism - aggressive advertisement
Collusion with social media and telecom firms
Distorts level playing field
Hate news banned for news broadcaster. But what abt Social Media?
Fake or morphed news leads to distorting public opinion
Eventually results in loss of credibility from demo. Election process itself
Against Rt to Info of voter as well
For eg. 2016 US Elections Case Study
Foreign influence of elections is a possible security threat
As social media server can be regulated from foreign w/o any regulation
For eg. Allegations of Russian influence over US elections 2016
Cambridge analytic used for targeted influence

BENEFITS- of using social media

EC can attract youth to raise voting percentage
EC can receive complaints regarding violation of Moral Code of Conduct
C- Vigil App
Tremendous presence of Indian diaspora over social media increased the demand of right to vote for
NRIs

STEPS
EC- No whatsapp messages at night and no material on any social media before 48 hrs

SUGGESTIONS (?)

Govt Sponsored Ad

FOR
Legitimate public exped. as it publicize the gvt schemes and policies. Better
Awareness (Eg. GST provisions) —> hence Inclusion (Eg. UJJWALA Yojana )
In principle with citizen centric governance

AGAINST
Glorifies party in power. Hence,
Distorts level playing field
 Distorts level playing field
Use of public money for political interest
Usage of government advertisement by parties to build personality cult of leaders

SC GUIDELINES?
Official guidelines should not carry the name of political party, political symbol, logo or flag
pictures on government advertisement allowed = Only Executives --> PM and Union ministers, CJI,
CM and state ministers, governors

Law Commission
Regulation over ads shall start at 6 months before election

People voting depends on

Caste
Religion
Language
Region
Personality
Money
Performance of ruling party
Ideology
Manifesto
other factors
****Transformation of aspirational district programme
WHY IN NEWS?
Government has come out with action plan for 115 most backward district (Dec 2017)
known as Transformation of aspirational district programme
Senior level government officers has been nominated as Prabhari officer – acting as bridge
between centre and state in addressing developmental needs of the district

STRATEGY?
Convergence of central and state schemes
colloboration of central and state level prabhari officers, collectors
competition among districts driven by mass movement
No need addtl fund- making present schemes more effective
The programme envisages rapid development of selected districts on basis of composite index based
on five parameters
health and nutrition,
education,
financial inclusion,
skill development,
agriculture and water resources and basic infrastructure.

NEED FOR SPECIAL ATTENTION TO BACKWARD DISTRICT?

Bridge intra regional and inter regional divide
New india vision 2022 – inclusive development, improving the liveability for all

Result
Kondagaon had recently topped the Aspirational Districts rankings issued by the Niti Aayog - Known
for naxalite affected area- ranking shocked surrounding district
Top priorities
Health
25 primary health centres have been transformed into Health and Wellness Centres
Agriculture
administration has started 550 Kisan Clubs which provide coaching on new techniques
of farming - for MAIZE (bcoz 75% ppl growth this) - localised need and localised
solutions
Skill development - esp women
creating glass bangles to assembling LED bulbs to producing local delicacies such as
Mahua laddoos and Tamarind rotis.
Connectivity
Surya (Vadodara) 11yr old
Project 2nd Innings - Retired Teachers for remedial classes in Transformation of Asp Dis (ToAD)
- helped surya (Vadodara) 11yr old - father migrant labours - was struggling in read and write
English - now pretty confident.
CHALLENGES?
Empowering the local economy
changing social norms
structural change – low digital literacy -> difficult to implement technology driven scheme
****TRIBUNALS
Tribunals
quasi judicial bodies
interpret and apply laws when acts of public administration are attacked by formal suits

News
Union Ministry of Finance has framed new rules prescribing uniform norms for the appointment and
service conditions of members to various Tribunals.
Reasons
Dilution of judicial independence as more powers to the executive.
The Supreme Court in 2014 held that appellate tribunals have similar powers and functions as
that of High Courts
Unclear rationale behind replacing certain tribunals e.g. telecom dispute <-- pricing of airport
services.
FACTS
Art 323A & 323B
42nd CA (1976)
Swaran singh Committee recommendation

QUOTE
Tribunalization shall not become trivialization and Bypass HC

WHY / ADV :
To resolve disputes efficiently by using expertise
flexible source of proceedings
speedy justice
In addition it reduces the burden of Judiciary
cheaper – no court fees, no mechanism of filing affidavit
More secretive than traditional courts—> makes headlines
Strong decisions --> Bypass HC - direct SC
e.g. NGT - within 90 days appeal directly in SC- or else binding

ISSUES / DEMERITS
Involvement of Govt
As appointments has been done by respective ministerial secretariats
Confict of interest (as gvt itself is party in 46% of cases)
Awards by tribunals can be challenged in HC (as per L Chandra kumar case)
This has been used in routine now
Leads to double adjudication
Results in failure of fundamental reason of introduction of tribunals itself
Vacancy
NGT single bench case
discrepency in the working of different tribunals
e.g. diverse procedure
Pendency of cases
No adequate machinery for implementation of Tribunals' awards
For Eg. Inter state river water dispute tribunals

SOLUTIONS
Common nodal body for administration of tribunals
Giving contempt powers to Tribunals, like that of CAT
To ensure time bound implementation of tribunal awards
Tribunals shud hv branches in all parts of country, to improve accessibility
ADMINISTRATIVE TRIBUNALS

CHARACTERISTICS
established by executive according to Administrative tribunals act 1985
quasi judicial body
power of civil court
principal of natural justice, do not follow evidence act and other procedural laws

NGT
****UNIFORM CIVIL CODE
WHAT??
proposal to have a generic set of governing laws for every citizen without taking into
consideration the religion.
In respect to marriage, divorce, adoption and inheritance

Conclu
UCC in goa after its independence from Portguese – working excellently

HISTORICAL BACKGROUND??
British followed the practice of using personal laws to decide cases related to it
article 44 – state shall endeavour to secure UCC for all its citizens throughout the nation
hindu code bill
Shah bano case 1985
judgement nullified by muslim women act 1986
juvenile justice act 2015
adoption by muslims allowed, though not allowed under their personal laws

Towards UCC
Marriage
Child Marriage Prohibition Act.
The Special Marriage Act
The Dowry Prohibition Act,
Divorce
Muslim women act 2019
Adoption
CARA
Inheritance

WHY UCC NEEDED??

The Constitution makers had a vision
Some practices governed by religious tradition are at odds with the fundamental rights, remove
unjust laws -e.g triple talaaq
to eliminate gender injustice - be it hindu or Muslim– polygamy
to eliminate inconsistency in laws
Tax laws
hindus get tax exemption under hindu undivided family
Divorce
Christian divorce (Christian couples must wait for a two-year separation before filing for
divorce when it is just one year for others)
to eliminate inconsistency within regions
Was not applicable to J and K
Pondicherry - French —> Pondicherry (Laws) Act of 1968
 Goa, Daman and Diu —> Portuguese Civil Code —> all laws in force” there earlier shall
continue to apply until and unless amended or repealed by a competent authority.
Nagaland and Mizoram- Articles 371A and 371G
National integration
Push towards secularism
Western countries like Francehave enforced it.

Not yet ...

India believer of freedom of religions - 25 to 30.
Disrupt communal harmony. - seen as tyranny by majority

WAY AHEAD ??
Gov should build concensus, without violating constitutional rights of minorities
****Vigilanstism/ Mob lynching / Hate crime
Criminal acts against people based on their real or perceived membership of a particular group, such as
caste, religion or ethnicity, among others or an act do by him/her.

News
North-east riots
Lynching of Mohammad Akhlaq in Dadri, in western Uttar Pradesh, in 2015 on suspicion that he had
stored beef in his house was the most chilling example
And accused out on bail and being celebrated.
Ppl supporting it - MLA rally it- is more disturbing
The accused, Shambhu Lal, allegedly told police he killed 50-year-old migrant worker from West
Bengal to save a woman from ʻlove jihadʼ

Facts
Amnesty International India documented 700+ such incidents between 2015 and 2018.
Last year alone, it tracked 200+ hate crimes,
150 of which were against Dalits, 50 against Muslims, 40 against women, and eight each
against Christians, Adivasis, and transgenders.

Conclusion
It may be true that the law cannot make a man love me, but it can keep him from lynching me -
Martin L Jr.
FD - harmony and brotherhood….
Justice D Y Chandrachudsaid "when a person is lynched for the food he or she had, it is the
constitution which gets lynched”
The Constitution fails when a cartoonist is jailed for sedition

SC in (Poonawalla Case)
In 2018- directed Central and State governments to make it widely known that lynching and mob
violence would ʻinvite serious consequence under the lawʼ

Steps taken
Court- Gave several guidelines - calling it “horrendous acts of mobocracy” for Alwar and other
lynching
It has called for more efficient patrolling of highways,
the appointment of senior policemen as nodal officers in sensitive districts and
immediate registration of FIRs.
States
Mob lynching -
RJ combating of mob lynching
UP combating of mob lynching bill 2019 - 10 yrs jail term (June 2019) and life
imprisonment in case of death
Also criminalises district admin and police if “dereliction of duty”.
 Centre has constituted high-level committees to frame measures andframing of a law on lynching.
A panel led by Home Secretary

Way ahead
Compensation
Security of witness and victim from intimidation (to take back case)
Fast track courts
….
***CAG - CGA
Intro
articles
148 – CAG appointment
guardian of public purse
Guide, friend, philosopher of PAC

Conclu
Most imp officer under const. - BR Ambedkar

CAG
CAG reports fell from 55 to 15 in 2019 (75% decrease)

FUNCTIONS (PRE)
Audit expenditure from
Consolidated Fund of India
Contingency Fund of India
Public Account of India
Audit any
Centre and state Gvt dept
Company receiving aid from gvt
Pvt company dealing with NRs or having revenue sharing arrangement with Gvt (as per recent SC
judgement)

TYPES OF AUDITS
Regulatory audit
To ensure procedural compliance
Propriety audit
Questions wisdom behind financial decisions

CAG AND CORPORATIONS

1. corporations audited totally and directlyby CAG – ONGC, air india
2. audit by private auditors appointd by central gov in consultation with CAG – central warehousing
corporation
3. others, no role of CAG, submit their annual report to parliament – RBI, SBI
CAG can't audit secret services

PROVISIONS TO ENSURE HIS INDEPENDENCE

security of tenure - 6yrs/65
can be removed by parliament only
removal in the same manner as SC judge (misbehaviour or incapacity)
do not hold office till the pleasure of president
not eligible for further office in state, central gov
 service condition determined by parliament - cannot be altered to his disadvantage
salary, allowances, pension – CFI

RECENT FINDINGS OF CAG??

GST ...
IRCTC unhygienic food
2G telecom spectrum scam, coalgatescam—>anti incumbency factor

QUESTION OF PROPRIETY AUDIT

FOR
Major frauds exposed through this audit only
Tax payers' money involved
Justified as per Mega status given by constitution
AGAINST
Wide interpretation
Lack of administrative knowledge
Adding to the repressive influence of auditing over decision making

CHALLENGES?
Propreitary audit -repressive and negetive influence -> policy paralysis
Hence, act as discouragement to innovate or reform (as it involves risk taking) for gvt
machinery
Not constructive enough, as it not discusses
Cause of problems
Redressal mech.
Often doesn't discriminate b/w errors came out of Bonafide intentions or Malafide intentions
Doesn't always recognize practical constraints of gvt agencies
In 2012 (US, Australia, Canada..) conducted a peer review of the CAGʼs recent audits,
'International peer review report on performance audit function of Indian CAG' – lack of
sufficient evidence in half of the reports considered.

OTHER ISSUES
Appointment
Not doing any role of Comptroller
No control over drawing money from exchequer
Unlike UK CAG
Reports
Delayed
Voluminous and often result in its incomplete examination - also due to inadequate strength of
PAC
Inapt response to audit

WAY AHEAD?
Appointment of CAG by Parliament, rather than executive (as in UK)
Appointment of CAG by Parliament, rather than executive (as in UK)
state level CAG -> reduce burden on CAG
CAG shall hv Sectoral specific experts, for doing propriety audit
Shudn't focus only on criticism but contain fair evaluation
for acknowledging good performances as well
Timely delivery of report so that corrective actions cud take place in time
Hiring Big data analysts
CGA

CGA does the Cadre management of Group A (Indian Civil Accounts Service) and Group B Officers of
the Central Civil Accounts Offices.
***CBI
FACTS
established in 1963 by executive resolution on the recommendation of Santhanam committee
derive powers from Delhi special police establishment (DSPE)act 1946

News
General consent withdrew by MH - during TRP case (Oct 2020)

COMPOSITION
Headed by director (Inspector general of police, DSPE)
2 year tenure
appointment by central government on recommendation of committee
committee = PM, CJI, LoP

FUNCTIONS
investigation
criminal (special crime division)
economic (economic crime division)
corruption (anti corruption division)

SC JUDGEMENTS
Subramanium case 2014
requiring prior approval for investigating > joint secretary = unconstitutional - violates right to
equality (article 14)

CRITICISM OF CBI??
SC observed in 2013 – CBI = caged parrot in the hands of gov
politicisation
less autonomy in investigating cases - bcoz transfer and posting in hands of gov
Ranjit sinha, former head of CBI under the scrunity of SC for involvement with the accused of coal
block allocation cases

Way ahead
Makestatutory body —> result
effective cadre management
administrative autonomy
financial powers
clearly define duties and responsibilities
OR —> place CBI under independent body to investigate cases without gov interference like Lokpal

STEPS TAKEN BY GOV TO STRENGTHEN CBI

Special CBI courts
advanced certificate course for CBI officers to enhance investigating skills, forensic data collection,
collection of evidence etc
e-governance of CBI
***CITIZENSHIP ; NATIONAL REGISTER OF CITIZEN ; ILP
Obtaining citizenship
Birth - 26 jan 1950 to 1 July 1987
Decent
Before 10th dec 1992 - father a citizen
After 10th dec 1992 - either mother or father a citizen
Registration - by application - e.g. ordinarily resident for 7. Yrs
Naturalisation - by application or otherwise - if contribution in science, art, human progress, world
peace, philosophy, literature
Incorporation of territory - Pondicherry order
Special provision under Assam accord
Till 1st jan 1966 - citizens
1st jan 1966 - 1971 - live for 10yrs - then citizens
Rest all foreigners

Article 11 of Indian constitution empowers Parliament to make any provision with respect to the
acquisition and termination of citizenship and all other matters relating to citizenship.

Loss of citizenship
Renunciation - full age and capacity -make a declaration
Termination - voluntarily acquired other citizenship
Deprivation - compulsory termination if
Citizenship acquired by fraud
Disloyalty to constitution
Ordinarily resident out of India for 7yrs

Conlcu
We have inclusive citizenship law - based on "jus soli" (everyone born in this soil) and also by birth
(except in Assam accord amendment)
Indiaʼs founding values have been equality, including religious equality, diversity and tolerance
minorities are an explosive force which, if it erupts, can blow up the whole fabric of the State
If hostility increases - bitterness among races and religions —> instability
It is duty of majority to make minority feel safe

Citizenship Act 2019

Fact
Ahmadiyas are muslim minorities in Pak (and refugee bcoz sectarian violence) - During independence
voted to be in Pak
Some Jews have come back to Mizorm from Israel
We havenʼt signed Refugee pact
 For REFUGEE - We use SOP of 2014 - 3 tests
Clearance from security agencies
Persecuted
Non refoulment
No Threat to security

New form of protest

Songs and rap
Rangoli
Dipping in rivers - against 3 capitals
Reading out constitution and preamble
“largely peaceful” : Pranob Mukheerji
Deepen democratic roots - vibrant civic democratic culture
Democracy = discuss, debate, dissent

ʻIllegal migrantsʼ
Citizenship (Amendment) Act, 2003 provided that ʻillegal migrantsʼ will not be eligible to apply for
citizenship by either registration or naturalisation.
Section 2(1)(b) of Citizenship Act, 1955 defines illegal migrant as a foreigner who:
o enters the country without valid travel documents, like a passport and visa or
o enters with valid documents, but stays beyond the permitted time period.

Key provisions of the Citizenship Amendment Act (CAA), 2019

• The amendment provides that illegal migrants who fulfil four conditions will not be treated as illegal
migrants under the Act. The conditions are:
They are Hindus, Sikhs, Buddhists, Jains, Parsis or Christians
They are from Afghanistan, Bangladesh or Pakistan
They entered India on or before December 31, 2014 ; they are not in certain tribal areas of Assam,
Meghalaya, Mizoram, or Tripura included in the Sixth Schedule to the Constitution, or areas under
the “Inner Line” permit, i.e., Arunachal Pradesh, Mizoram, and Nagaland.
All legal proceedings against above category of migrants in respect of their illegal migration or
citizenship
will be closed.
The period of naturalisation has been reduced from 11 years to 5 years for above category of
migrants.
Grounds for cancelling OCI registration: Central government may cancel registration of OCIs, if the
OCI has violated Citizenship Act or any other law so notified by the central government.
The Act provides that the central government may cancel registration of OCIs on five grounds
including
registration through fraud, showing disaffection to the Constitution, engaging with the
enemy during war, necessity in the interest of sovereignty of India, security of state or
public interest, or if within five years of registration the OCI has been sentenced to
imprisonment for two years or more.
Against CAA
Classification of countries : Why differentiated from migrants from other neighboring countries such
as Sri Lanka (Buddhism is the state religion) and Myanmar (primacy to Buddhism).
Sri Lanka has had a history of persecution of a linguistic minority in the country, the Tamil
Eelams.
Myanmar has had a history of persecution of a religious minority, the Rohingya Muslims.
Exclusion of Muslims, Jews and Atheist - violation of Article 14 of the constitution.
co-religionists like Shias, Hazaras or Ahmadiyya Muslims in Pakistan (who are considered non-
Muslims in that country).
Domino effect - Violates Art 14 and 15
Implication on external relations:
Bangladesh - Pak - Afghan - US - EU
United States Commission on International Religious Freedom (USCIRF) said it was “deeply
troubled” by the passage of the Citizenship (Amendment) Bill
Legitimate concerns of NE should be taken - Indeginus identity lost (bcoz outnumbered ) (ka-ka Bo
language lost from Tripura)
May create faultlines within - on basis of religion
hijacked by political opportunists, Islamist fundamentalists group, separatist factions
involvement of Popular Front of India (PFI) - matter of grave concern
Violence
Prevention of Damage to Public Property Act, 1984 provides for 5 year imprisonment to
the convicts.
Jat quota stir in Haryana - SC said who indulge in violent acts should be made to pay
for the loss of nation's assets.
Breaking MOB mentality?
E.g. Punjab Former I.G. told experience - One Senior police officer when saw
crowd going out of hand - “United Mind” (technical term) - started playing
Bollywood song (through mike) and crowd started dancing - breaking
mentality

Support of CAA
Art 14 - allow “reasonable restriction"
Govt well within right to decide country
The 3 countries are either Islamic State or muslim majority
Minorites have faced persecution

Other states
Kerela passes “ resolution to repeal CAA”
Is is not unconstitutional - TN has on several occasion passed resolution asking for war crime
probe against srilanka
In West Bengal - destroy public property and burn buses
We need to focus on - or else will be anchored in Developing nations and demographic disaster
Scientific
Technological
Economic
Industrial progress
International Image is taking a hit
Shouldnʼt have mentioned any religion and even nations
Instead -
Govt enact refugee law -
give work permit and some form of shelter - upholding basic human right
border management = minimum infiltration

Census

What
Profiling the areas - demography
Financial status

Need?
Sacred exercise - Evidence based decision making
so as to make every penny counts - education, health, transport...
MP, MLA - delimitation
FC
Schemes
Old exercise - Roman were conducting census - when was born jesus

New things in this Census

Electronically collect
Enumerators - online with his own mobile
Transgender - 3rd category

Issue
Misinformation being spread - hence census officials being attacked
Distrust atmosphere - ppl may give incorrect info

NPR
Difference between NPR and Census

Census is very comprehensive

***DISCRETIONS BEING USED IN CONSTITUTIONS
DISCRETIONS BEING USED IN CONSTITUTIONS ...
Schedules
Oath
Name changes
Articles
356-365
Change in Governors
Governor's and Presidents Powers
Speakers power

Oath

News
Recently MH CM while taking oath invoked Shivaji Maharaj and his parents

Constitutional provision
3rd schedule : “ Swear in the name of God” OR
“Solemnly affirm"

Should it be allowed
According to constitutional experts the text of oath is sacrosanct and person taking oath has to read it
out exactly as it is. And it is the responsibility of person administering the oath to interrupt and ask the
person being sworn to read it out correctly
But - as former Advocate General has said Addition something before or after oath is not
unlawful as long as substance of oath is unaltered.
Also, if one takes oath, in the name who believes or respect him/her.. then it only increases
conviction - that he will abide by it - raise koi papa / mummy ki tase dil se Kadam khata hai ki
mai bura dam nai Karunga ….
***ELECTORAL REFORMS IN INDIA
News
Rajya Sabha is set to debate electoral reforms following notices given by Opposition parties.
Simultaneous elections
State funding
Misuse of social media
The Election Commission of India recently declared the National Peopleʼs Party (NPP) as a national
party, making it the first from the north- eastern region to earn this status.
PC Joshi - President of leading national party - lost by 1 vote in 2008. Accepted verdict with dignity.

What is needed
Parties
Criminalisation of politics - Recent Sikkim CM
Paid new
Fake new
Hate news
Social media regulation
State funding
Under RTI
Defection
People
....

EC (Feb 2020)
Aadhar to link with Voter ID (PAN + Aadhar link upheld by court)
Help in reduce duplicity
Migrants can vote from anywhere
Debar - who writes false in affidavit - for lifetime (currently bars for 3 yrs)
Fake news promotion - will be punished

Recognition of party
State
8
62
61
 61
33
National
23
4
644

WHAT ARE THE STEPS TAKEN BY EC, SC AND LEGISLATURE TO REFORM ELECTION PROCESS IN INDIA?

STEPS BY EC
Candidates
increase of security deposits
Declare
educational qualification
candidate to declare assets and liabilities of self and family members
candidate to show daily expenditure statement during election
MCC - model code of conduct (non-justiciable)
People
C-vigil

STEPS BY SC
Politicians
candidate to declare any criminal conviction/pending case against him
Special courts to ʻpoliticiansʼ - "No matter how good a constitution is, it will fail….” -
Ambedkar
Challenges
Infrastructure
Prosecutor -unbiased
Trial not obstructed/suspended.
Additional disclosure -include the sources of their income, and those of their spouses and
dependants.
SC : non-disclosure of assets and their sources would amount to a “corrupt practice”
under Sec 123 RPA 1951.
People
Subramanian Swamy - VVPAT is “indispensable for free and fair elections"
NOTA in 2013 : PUCL vs UoI 2013

STEPS BY LEGISLATURE/GOVERNMENT
Politicians
Constituency
contestants restricted to at max. 2 constituency only
Fi
 Finance
Electoral bonds
through electoral bonds, donars to remain anonymous
anonymity ensures no threat to donor by rival political party
upper limit on election expenditure by a candidate (NOTE = not political party)
After Election
Anti defection law 1985 and amendment 2003
People
61st CAA of 1988
age 21---->18
ballot box -----> EVM + VVPAT

WHAT STEPS CAN BE TAKEN FURTHER TO REFORM ELECTION PROCESS??

Politicians
min educational qualifications
making paid new = electoral offense
Disqualification (temporarily) of candidates facing heinous charges (2nd ARC)
bar candidate for life from contesting elections if convicted
currently they can contest after 6 years after serving prison sentence
civil servants, once convicted are banished from service for life, but not Politicians
NOTA--> Right to reject (EC)
anti-defection law to be settled by president/governor on the advice of EC (2nd ARC)
Parties
bring parties under RTI
state funding of political parties
EC asked gov to amend law to ban anonymous donations > Rs2000 from current 20k
cap on corporate donation to party
audit of party accounts by an independent auditors / CAG (Of national parties)
Tax exemption only to those parties winning seats
ECI
Selection of ECI inclusive-
safeguard against removal
power to ECI to deregister political party (Tax havens) (Party are exempted from income tax on
donations received. Many party are formed not to contest election but to take the above
advantage)
People
Increase participation .....
SC decision
Mandatory to publicise the criminal antecedents which candidate face : by parties and candidates
Justify choice over other hopefuls - only “winnability” cannot be sole criteria —> This is new!!
Failure = Contempt of court on Party president ( EC will monitor ) —> This is new!!
Art 129 (contempt) and 142 used
***DISQUALIFICATION ON SEEKING VOTES ON GROUND OF RELIGION

ISSUE
SC rules (4-3 majority) = disqualification of candidate on seeking votes on ground of religion, race,
caste, creed, language (RR, CC, L)
(Abhiram singh Case 2017)
RPA = no candidate or his agent can appeal for votes on grounds of his religion, caste, race, creed,
language (CC, RR, L)

EVALUATION
..

POSITIVES OF JUDGEMENT
reduce communalism, communal riots
reduce entry of casteist people into public office
separation of religion from state -> secular ethos of constitution

NEGETIVES OF JUDGEMENT
what speech constitute religious appeal – not clear
it will bar candidates from raising questions related to religion etc. For eg, dalit
empowerment.
violates right to freedom of speech under article 19
duty of state to address historical injustices through electoral speeches = ignored
May reduce representation of that section

Criminalisation of politics
Recent Sikkim CM
Facts
But 30% have charges of heinous crimes ; Total criminal cases 43% (2019)
Some maybe due to “unlawful assembly” of “defamation"

Quote
"Only thing which I feel sad is - I couldnʼt bring min qualification(ethical) for politicians" :
Ambedkar
Bcoz at that time - false cases by Britishers on leaders
Also it was thought that citizens will be aware and will not vote such people - but now case is
different.

We have law
Bars for 6 yrs - if convicted for 2+ years
But long pending case + Low conviction rate

ELECTORAL BONDS

News
RTI revealed some startling facts on electoral bonds.
Denomination of Rs 1 crore > 90 per cent of the amount raised.
The four cities, i.e. Mumbai, Kolkata, New Delhi and Hyderabad—> 80 per cent of all by value.

WHAT?
Interest free banking instrument, in the nature of promissory notes
Parties- at least 1% of votes
This has been debated by CEC and Law Ministry
1% arbitrary - (Law ministry recommended 6% -i.e. For recognising national and state
parties)
According to EC-
there are 8 recognised national political parties,
About 50 recognised State parties and
 2500 unrecognised parties registered
Not clear how many of the unrecognised parties have a 1% vote share.
bond purchased by donor, encashed by party in designated bank
party need to file return to EC -> how much money received from donor

POSITIVES?
Tackling black money in political funding – by purchasing electoral bonds through KYC compliance
currently, 70% of funding to parties are through anonymous sources
increasing transparency and accountability – mandatory filing of ITR by parties
anonymity -> Protecting donars from harassment bcoz of 'vendetta politics'
stringent eligibility clause -> filter out parties made for the purpose of tax evasion

NEGETIVES?
RBI and EC have raised reservation
3 ys old req gone (Fly-by-night shell companies can donated),
7.5% cap removed (loss makers can contri largely)
Doesnt promote competition from new comers.
No transparency - Lack of disclosure requirement
electoral bond = legal channel for companies to round trip their tax haven cash to party
no need for company to disclose the name of party -> breach of shareholder's right to information

WAY AHEAD?
State funding
Limit spendings
Donations above a threashold be make public
complete digital transactions
parties under RTI (Bhutan, Germany)

Conclu- Law commission on electoral reforms says more the opacity, more is "lobbying and capture” by
the rich

ROLE OF CIVIL SOCIETY FOR FREE AND FAIR ELECTIONS

political participation of masses

education
right to vote
help develop democratic values like tolerance, accomodating
help different sections raise their voice
inform public about important public issue
monitor fair conducts of election
EVMs

Bhutan, Nepal – uses indian EVM to conduct election

BENEFITS OF EVM??
administrative
easy counting process -> faster result declared
Cost saving
democratic process
no more booth capturing
social
easy to vote based on seeing the election symbol of parties
environmental
no more cutting of trees for paper

FEAR
EVM HACKING

WHAT HAS BEEN DONE TO ASSUAGE ANY CONCERN??

EVM Hackathan by ECI
VVPAT – reverification of votes - 5 vvpats per assembly constituency in LS.

VVPAT (VOTER VERIFIABLE PAPER AUDIT TRAIL)

VVPAT??
method of providing feedback - allow voters to verify their votes
slip contains following details
Candidates serial number (11)
name of candidate (Narendra Modi)
poll symbol (lotus)

CONCERN WITH RESPECT TO USE OF VVPAT?

Machine malfunction -> delay in polling
paper jamming, running out of battery, unavailability of ink and electricity
4% of VVPAT developed glitches during Karnataka legislative assembly election
No saving of paper
inexperience polling officers and ppl —> less turnout
Exposure to moisture, rain, heat—> damage

Conditions for Recognition as State or National Party

***Lokpal and lokayukta
Suspension, removal of Chairperson and member of Lokpal
by order of the President on grounds of misbehaviour after the Supreme Court report. For that a
petition has to be signed by at least 100 MP
***PESA, 5th, 6th Schedule ;
News
Union Tribal Affairs Ministry has proposed 6th Schedule Area status to Union Territory of Ladakh.
Recently National Commission For Scheduled Tribes (Art 338A) has recommended Union
Territory of Ladakh to be declared as a “tribal area” under the Sixth Constitution.

Powers
Can constitute village courts within their jurisdiction to hear trial of cases involving the tribes
Empowered to make legislative laws on matters like land, forests, fisheries, social security,
entertainment, public health, etc. with due approval from the governor
Acts passed by Parliament and state legislatures may or may not be levied in these regions unless
the President and the governor gives approval.

Currently
There are 10 autonomous district councils:
6th schedule

INTRODUCTION??
6th schedule = autonomy to AMTM (assam, Meghalaya, tripura, Mizoram)

WHY WAS ENACTED?? - distinct culture, ethnicity, language -> self governance

HOW FAR HAS 6th SCHEDULE BE ABLE TO MEET REGIONAL ASPIRATIONS??

BODY PART 1 ?? Yes- how?….
Powers under 6th schedule
………….
powers to autonomous district councils
use of land, water, forest
regulation of shifting cultivation,
village administration,
health, education,
customary laws etc

BODY PART 2??

NO, it has not been able to
discretionary power of governor -> override laws of DC, RC
secessionist movement = bodoland
regional and district council -> dominated by one tribes -> feeling of alienation by other tribes
Tax collection capacity = inadequate
lack of tax officials, machinery
development deficit

WAY AHEAD??
power devolution
approval of bills by governor in time bound manner
regular elections
training of members for efficient service delivery
***RESERVATION OF WOMEN IN PARLIAMENT
FACTS AND FIGURES? - 17%- 78 of women in LS (2019)

WOMEN'S RESERVATION BILL - CAA 2008

PROVISIONS??
1/3rd reservation of all seats in LS and state legislative assembly for women
1/3rd of total number of seats reserved for SC, ST shall be reserved for women of these groups
reserved seats may be alloted to different constituency by rotation
reservation of seats for women shall cease to exist after 15 years of commencement of the act

PROS
political empowerment of women – realising the objective of article 38
social empowerment of women – level playing ground,

CONS
against the spirit of competition by merit ->
Right to choice - restrict the choice of voters to women candidate
Pradhan Pati syndrome @ Local bodies – similar fate here
provision related to rotation -> reduce incentive for MP to work for his constituency as chances for re
election are less
once act enacted, reservation would go on for indefinite period, as the history of independent india
suggest

WAY AHEAD??
reservation in political parties and inner party democracy
intensive training programme

Conclu
PSC (2008)
every political party must distribute 20% of its tickets to women
ARYA RAJENDRAN

POLITICAL PARTICIPATION OF WOMEN

STEPS TAKEN TO PROMOTE THEIR POLITICAL PARTICIPATION?

73rd and 74th CAA – 33.3% seats reserved in local bodies
intensive training programme for EWR(empowerment of women representative) of PRI by ministry
of women and child development (Nov 2017)
MoU between india and UN women – promote women participation in PRIs (March 2017)
***Simultaneous elections
Defn - Simultaneous elections

Conclu - The topic has evolved bcoz the means (elections) have become the goal

Features
RECOMMENDATION OF LAW COMMISSION OF INDIA?
Simultaneous election by amending constitution, RPA 1951, rules of procedure of LS and
assemblies
leader of the majority party be elected as PM/CM by the entire house
ʻconstructive vote of no-confidenceʼ - a 'no confidence motion' against the government should
be followed by a confidence motion
in case a government falls midterm, term of new government would be for the remaining period
only

Yes :
1. Bcoz Executives engaged with Vidhan Sabha elections, Zilla Parishad elections, Panchayat elections,
and municipal elections, and their bypolls throughout the year.
2. Staggered cycle puts policymakers at a disadvantage because of the constraints of the code of
conduct--> Politicians can focus on development
3. Exorbitant expenditure
4. Dislocation of administrative machinary and logistics.
5. Black money reduce
6. Communal riots and caste disturbances, fake news, river disputes are deliberately created around
election time to ensure polarisation of communities within states or between states for electoral gains.
7. voting % increase as migrant workers have to come only once
8. DONE IN USA

No : Against the spirit of the Constitution and against the spirit of federalism.
1. “Accountability is more imp than stability” B R Ambedkar
Repeated elections --> Continuous accountability.
2. For simultaneous elections, State and Centre have to increase/ decrease their current terms.
3. Need amendment in constn - special majority and half
4. Heavy deployment of security in all areas- challenging.

Challenges in its implementation such as

(c)Weaken the federal democratic structure
(d)Reduced Accountability
(a) Operational feasibility
(b)Impact to voter behavior
(e)Premature Dissolution and
(f)Lack of Resources.
To implement one nation one election the following Articles of Constitution and legislations have to be
amended.
1. Clause (2) of Article 83 provides for the terms of Lok Sabha (five years from the date appointed).
Similarly, Article 172(1) regards the term of Legislative Assemblies.
2. Articles 85(2)(b) and 174(2)(b) provides for the dissolution of Lok Sabha and Legislative Assemblies
respectively.
1. India needs adequate safeguards in place to avoid mid-term dissolution and protect the
simultaneous elections cycle
3. Further, the Indian constitution has no provision for extension of the term unless a proclamation of
Emergency is in operation.
4. Sections 14 and 15 of the Representation of the People Act, 1951, empower the Election
Commission to notify elections. These sections empower the Election Commission to notify
elections during the last six months of the term of the House and not earlier than that.

Way ahead:
One year one election --> Election month
Law Commission of India- term ends within six months can be clubbed together.
However, the new assembly take task after end of the assemblyʼs tenure.
Executives- self restraint for campaigning
Coupling the ʻno-confidence motionʼ along with the ʻvote of confidenceʼ in an alternative
government.

TYPES OF PARLIAMENTARY DEMOCRACIES

***Speaker
Quote
UK - Once a speaker ...

Expectations
Neutral and non-partisan
Secular
Voice of minority

Way forward
Speaker gives up membership - neutrality and nonpartisan
Security of tenure
Allowing to win unopposed
If no security - then depends on political party for ticket - hence pressure

Conclusion
After election, leaders of both ruling and opposition escorts to his/her chair. This convention is meant
to display thatspeaker belongs to entire house!!!

Controversies
LS - Money bills
LS - Not giving enough time for opposition to discuss and debate
Karnataka - withholding resignations of 10 MLAs - telling SC that it will take time to scrutinize
.....

Position of Indian Speaker in Indian Parliamentary system:

True guardian of the traditions of parliamentary democracy.
The speaker is placed very high in the Warrant of Precedence in our country, standing next only to the
President, the Vice President and the Prime Minister.
In India, through the Constitution of the land, through the Rules of Procedure and Conduct of
Business in Lok Sabha and through the practices and conventions, adequate powers are vested in the
office of the Speaker to help her in the smooth conduct of the parliamentary proceedings

Security of Tenure / Independence and Impartiality :

The Speaker can be removed from office only on a resolution of the House passed by a majority of
all the then members of the House. This motion of removal can be considered and discussed only
when it has the support of at least 50 members.
It is also mandatory to give a minimum of 14 days' notice of the intention to move the resolution.
Charged on CFI
His work and conduct cannot be discussed and critised in the Lok Sabha except on a substantive
motion.
 His powers of regulating procedure or conducting business or maintaining order in the House are not
subject to the jurisdiction of any Court.

Election of Speaker:
Usually, a member belonging to the ruling party is elected the Speaker.
But convention--> ruling party nominates after informal consultations with the Leaders of
other Parties and Groups

Functions of Speaker: Regulating the Business of the House:

Laxmikant….
***Surrogacy
Surrogacy is the practice whereby one woman carries the child for another with the intention that the
child should be handed over after birth. Such a surrogacy arrangement may be altruistic or commercial in
nature.
Altruistic surrogacy involves an arrangement where the couple does not pay the surrogate mother
any compensation other than the medical and insurance expenses related to the pregnancy
Commercial surrogacy includes compensation (in cash or kind) paid to the surrogate mother, which
exceeds the reasonable medical expenses associated with the pregnancy

News
Union Cabinet has approved the introduction of the Surrogacy (Regulation) Bill, 2019

Provison
Purposes for which surrogacy is permitted
The Bill prohibits commercial surrogacy, and allows altruistic surrogacy.
The Bill permits surrogacy when it is: (Amended provisions after the recommendations of the RS
Select Committee. )
Any willing womancan act as a surrogate mother
any couple that are married and are between the ages of 23 to 50
Single woman (divorcee or widow) and persons of Indian origin —> Eligible
Not for producing children for sale, prostitution or other forms of exploitation
Parentage and abortion of surrogate child
A child born out of a surrogacy procedure will be deemed to be the biological child of the
intending couple.
An abortion of the surrogate child requires the written consent of the surrogate mother
and the authorisation of the appropriate authority. Further, this authorisation will have to
be compliant with the Medical Termination of Pregnancy Act, 1971.
National and State Surrogacy Boards - for monitoring and regulate
Offences and penalties
The Bill creates certain offences which include:
Advertising commercial surrogacy.
Exploiting the surrogate mother
Offences will attract a penalty upto 10 years and a fine of up to 10 lakh rupees.

Why need
a) ensure effective regulation of surrogacy,
b) prohibit commercial surrogacy and
c) allow ethical altruistic surrogacy to the needy infertile Indian couples on fulfilment of conditions
prohibit potential exploitation of surrogate mothers (some are forced by family) and children born
through surrogacy.

Recommendation
In 2008: SC in the Baby Manji Yamada case highlighted the lack of regulation for surrogacy in India.
 Law commission 228th report - allow only altruistic
In 2015, a government notification prohibited surrogacy for foreign nationals

Critical Appraisal of the Bill

Maternity Relief: The issue of maternity relief for intended couple as well as the surrogate mother -
silent about this issue.
Same Sex Provision - No mention of same sex despite LGBT community has been accepted to be a
part of the mainstream after SC judgement on section 377.
Breach of Surrogacy Contracts: The Bill is silent about the issue of a beach of terms and conditions
of surrogacy by surrogate or indented couple during the surrogacy process or afterwards.

Conclusion
Commercial made poor and vulnerable - ʻchild producing vesselsʼ. Hence Bill in right step stop
exploitation
***Tra icking
Trafficking = Laxmikant

Fact
Trafficking in human beings is the third largest organized crime in India.
As per official estimates, 15 children go missing every hour in India.
80% of human trafficking for sexual exploitation

New Use
Children in armed conflicts, illegal adoptions, the sale of organs, etc

Because:-
Push factors
Poor socio-economic condition of a large number of families.
Poverty coupled with frequent, almost annual natural disaster like floods leading to virtual
destitution of some people.
Lure parents with education, better life and money for these kids
Lack of education, skill and income opportunities for women in rural areas
Absence of awareness about the activities of traffickers.
Dysfunctional family life, domestic violence against women, low status of girl child, etc.
Porous border acts as a transit point. (Ex: West Bengal-Bangladesh)
Trafficking is closely associated with child marriage.
Tribal conflictsfor instance Kukis in Manipur vs Nagas make many kids homeless and agents
take this as an opportunity and this led to increase in trafficking.
The Pull factors are:
False pretext:-
False promises of jobs, comfortable life
Demand of young girls for marriage in other regions.
Demand for low-paid labour (hence kids)
Growing demand of young kids for adoption.
Other
Weak law enforcement machinery and rare conviction of traffickers
Moreover, the unwillingness of the victims to seek legal redress due to absence of support
from the police and the community members is also contributing to the spread of this crime.
Nexus between traffickers and law enforcement personnel.
Lack of awareness and declining value system are other factors.

GOVERNMENT INITIATIVES?
Trafficking
Trafficking of Persons Bill, 2018
article 23 : prohibit and criminalises human trafficking and forced labour
Sexual exploitation
 p
Immoral trafficking act (ITPA)1986 – commercial sexual exploitation = illegal
POCSO – prevent sexual exploitation of children
Child and child labour
child labour amendment act 2016
PENCIL portal, SMILE

Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018

Features of the bill:
Addresses the issue of trafficking from the point of view ofprevention, rescue and rehabilitation.
The confidentiality of victims / witnesses and complainants
Time bound trial and repatriation of the victims – within a period of one year from taking into
cognizance.
Aggravated forms of trafficking, which includes trafficking for the purpose of forced labour,
begging, trafficking of a woman or child for the purpose of marriage or under the pretext of marriage
etc.
Attachment & forfeiture of property and also the proceeds for crime.
Punishment for promoting or facilitating:- tampered or fake certificates, registration etc
Punishment ranges from rigorous minimum 10 years to life and fine not less than Rs. 1 lakh in cases
of “aggravated” crimes
Institutional mechanism:
Designated courts in each district for the speedy trial of the cases.
Rehabilitation:-
Immediate protection of rescued victims and their rehabilitation.
Rehabilitation Fund created for the first time. To be used for the physical, psychological and social
well-being

Measures needed :-
Law enforcement- Improved labour inspection, including in the informal economy
To counter distress migration
Enforce the rural employment guarantee legislation
Victims of trafficking, especially children, need safe social and economic rehabilitation.
Higher budgetary allocations -counselling, besides making arrangements for their vocational
training, housing and repatriation.

Conclusion:-
Art 23 ; Praggnanda
***Urban Local Bodies
FACTS
74th CA Act, 1991
Part IXA

SIGNIFICANCE
Planning and development of urban areas
Deepening of democracy

CHALLENGES
Not devolved enough powers as well
Administratively incapable (powers)
Inadequate financial powers
states are not willing to devolve taxation powers to ULB (as it is under voluntary provision)
many ULBs are not allowed to levy property tax
Local resource mobilization throgh direct tax collection is crucial bcoz - As mentioned in ES
(2017-18), this may lead to Low equilibrium trapwhich results in self reinforcing cycle

Coterminus jurisdictional boundaries ie.. governing region overlapping e.g. Delhi and Ghaziabad
non co terminus boundary deter effective planning and good governance
WHY?? ---if a person dies at one place in delhi, some organisation would have jurisdiction
over that region, while others won't have
multiplicity of agencies – state transport department, water supply department, state electricity
board
MSRDC, NHAI, state highway
lack of coordination among these agencies
Administratively incapable (powers) -
Not devolved enough powers as well
Excessive state control –
commissioner appointed by state government
Headed by bureaucrats -> secondary role of people's representatives
power to supersede and dissolve ULB
approval of municipal budget
control through accounting and audit system
Corruption - in ULB and Admn...
People
Migration and unplanned urbanisation influx of people from rural areas > slums
 Migration and unplanned urbanisation – influx of people from rural areas -> slums
Land titling in urban areas – 90% of land titles are unclear -> cost 1.3% of GDP
Ecological challenges – pollution of air, water, land

SINGAPORE MODEL
Singapore = planning boundaries and smart urban development

RECOMMENDATIONS
Proposed Changes in 74th CA Act (D3)
Function and power
Delineation
12th schedule - Few essential subjects are missing (eg Urban transportation and housing),
shall be added and devolve.
Delineation of functions - Few of the them should be exclusively assigned to ULBs
Decentralization
As Indian cities hv grown exponentially over last decades, ULBs can be seek to restructure
into more than 1 central body
3 tier ULB - 2nd ARC report
Debureaucratization
Empower Mayor (elected representative) by providing him key administrative powers within
Act itself
Making ward committee as one of the elected body of ULB under above mentioned 3 tier
structure.
Finance strengthen
SFC need to recommend a fixed % share of revenue from state's share to be transferred to
ULBs and this need to be followed in spirt
Some of the revenue streams like entertainment tax and professional tax need to be given to
ULBs. Property tax rates need to be revised periodically
Credit rating of all ULBs
Making Municipal bonds more remunerable (for eg. Tax exemption) to publicize the pool
funding by ULBs.
Green bond
Capacity building of ULBs to enter into PPP contracts
Bringing financial transparency by making use of e-governance tools mandatory. For eg.
e-procurement
Online expenditure report
Implementation of FRBM Act at municipal level
FUNCTIONAL AUTONOMY
A National Commission on Urbanization shall be created to insure that state gvt's involvement
doesn't hamper autonomy of ULB
Parastatal bodies (under state gvt) shall also be made accountable to ULB (if it is under their
adm. region).
ADMINISTRATIVE EFFICIENCY (TAP)
Citizen Charter
 Local body Ombudsman - For GRM
Annual audits on Municipalities (on lines of CAG)
Social Audit of Municipalities

CONCLUSION
Without empowerment one can't expect from any authority to deliver the expected outcomes
Schemes to align with urban governance
AMRUT
Smart City Mission
Salient features
3 types
Composition
reservation
duration
disqualification - age basis
SEC
Powers and function
Finance
SFC
Audit
Exempted areas
DPC
MPC
12th Schedule
**COLLEGIUM SYSTEM IN COURTS
1st , 2nd, 3rd, 4th judges case

ISSUES
non transparent
Wide eligibility criteria for selection
india – only nation where judges appoint judges

NCRWC
recommended NJC (5 ppl)
consists of CJI, 2 senior most judge, Law minister, eminent jurist (to be chosen by president in
consultation with CJI)
2015 – declared NJAC(6 ppl ) as unconstitutional
New MoP 2015

NJAC
99th CAA
independent commission
appointment and transfer
SC struck down, citing threat to
independence of judiciary
separation of powers – basic structure doctrine

MoP
merit and integrity as prime criteria
introduce performance appraisal
permanent secretariat to be set up in SC

WHAT THE JUDICIARY IS DOING TO BRING TRANSPARENCY IN JUDICIARY?

WHAT THE JUDICIARY IS DOING TO BRING TRANSPARENCY IN JUDICIARY?
SC agree to make public the list of persons to be appointed judges and reasons thereof
SC agree to allow installation of CCTV camera in court proceedings
**Direct democracy
WHAT??
citizens exercise direct power (legislation making) and decide policy initiatives
eg. Switzerland

INSTRUMENTS??
referendum – BREXIT
recall
initiative

CONSTITUTIONAL POSITIONS??
Gandhian principle in DPSP reflect elements of direct democracy = organisation of village
panchayat
limited form of direct democracy through gram sabha
referendum, recall, initiative = not mentioned in constitution
**DUE PROCESS and PROCEDURE
DUE PROCESS and PROCEDURE

DUE PROCESS
American doctrine
favours supremacy of courts than parliament
due process – procedure established by law + fairness/justness of law
protection against arbitrary action of executive

WHY DUE PROCESS DROPPED FROM INDIAN CONSTITUTION??

individual opinion of judges + their sense of justness
justice could become political and subjective

PROCEDURE ESTABLISHED BY LAW

origin in english court
means any law valid provided duly enacted
parliamentary supremacy
limited power to judiciary
intent of parliament cannot be questioned