Mainstorming 2017 Polity Governance II

IAS PARLIAMENT
A Shankar IAS Academy Initiative
MAINSTORMING - 2017
POLITY & GOVERNANCE II
TM
SHANKAR IAS ACADEMY

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INDEX
TITLE PAGE NO
1. APRIL 2017 5
1.1 SDMCs Order 5
1.2 The Right to Recall 6
1.3 Internet as a Basic Human Right 7
1.4 Particularly Vulnerable Tribal Groups 8
1.5 Backward Classes Commission 9
1.6 Blanket ban on online search 11
1.7 Constitution Bench on Personal Laws 11
1.8 Right to Vote 12
1.9 Article 142 13
1.10 Section 295A and 153A of IPC 14
1.11 Upending Principles of Natural Justice 14
1.12 Supreme Court order on Lokpal 15
1.13 Assam Accord 1985 16
1.14 Ethics behind Sting operations 17
2. MAY 2017 17
2.1 Leader of Opposition 17
2.2 Law Commission report 18
2.3 National Commission for Minorities 19
2.4 Assams migrant issue 20
2.5 Citizenship to Chakmas and Hajongs 22
2.6 Telangana Muslim reservation Bill 23
3. JUNE 2017 24
3.1 Need to Scrap Sedition Law 24
3.2 SCs caution against use of Goondas Act 25
3.3 Breach of Privilege Offence 25
3.4 Issues with Finance bill 2017 26
3.5 End of COMPAT 27
3.6 Language Politics in West Bengal 28
3.7 Ratification of Child labour conventions 29
3.8 Paid News 30
3.9 Problems with Smart City Mission 31
3.10 Action Plan for Start-Ups 32
4. JULY 2017 33
4.1 CBFC culls Documentary 33
4.2 Right to Privacy 33
4.3 Right to Language 34
4.4 Special Status to J&K 35
4.5 Demand for a separate State Flag 36
4.6 Need for directly elected mayors 37
TITLE PAGE NO
4.7 Lateral Entry in Civil Services 38
4.8 Merger of ONGC & HPCL - Corporate Governance 39
5. AUGUST 2017 39
5.1 Problems with Delimitation 39
5.2 Gujarat Rajya Sabha Elections - NOTA 40
5.3 Gujarat Rajya Sabha Elections - Disqualification 41
5.4 Parliamentary Salaries 42
5.5 Controversy around Article 35A 42
5.6 The Fundamental Right to Privacy 43
5.7 Compensation for damage of Religious Shrines 45
5.8 Digital Police Portal 46
5.9 RTI and Defence ministry 47
5.10 Issues with NITI Aayog 48
5.11 Corporate Governance 49
6. SEPTEMBER 2017 50
6.1 End to Darjeeling Blockade 50
6.2 Disqualification of MLAs 51
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MAINSTORMING - 2017
SOCIAL ISSUES - PART II
1. APRIL 2017
1.1 SDMCs Order
Why in news?
South Delhi Municipal Corporation (SDMC) made it mandatory for all hotels and restaurants in its jurisdiction to give
full access to the general public to their toilet facilities.
What the order has said?
The move is part of a soon-to-be national campaign to make more toilet facilities available to the public, with
special focus on women and children.
The broad ideas are hygiene and security.
The suggestion came from Delhi Lieutenant Governor who urged SDMC to explore the possibility.
Restaurant managements have been given the discretion to charge up to Rs 5 per use of their toilets.
SDMC claims that as a result of the initiative, an additional 3,500 toilets will be accessible to the public.
By roping in hotels and restaurants along with petrol pumps, it would make as many toilets available to the public
as possible.
What is the reaction of the public?
The decision has produced mixed reactions from restaurant owners.
One side has complained of an undermining of their rights of admission.
Other side has pointed out that it is insensitive to deny access to an individual who needs to use the restroom.
Both sides agree that the proposed Rs 5 charge to ostensibly cover costs of maintenance and cleaning.
The restaurants have responded that they are willing to open their toilets to ladies, but they have security
concerns in opening the same to men.
Also, they are concerned about hygiene, particularly because of the inadequate availability of water, to take on
extra users.
How did the SDMC justify its decision?
The corporation maintains that because restaurants get health trade licences from the corporation, they are bound
to follow its orders.
Also, a study commissioned by the Centre in 2015 to gauge the progress of Swachh Bharat programmes put Delhi
at the 16th position.
While on paper, the SDMC has 600 urinals and roughly 400 toilet complexes in its jurisdiction, most of them
are unusable.
Maintenance of the SDMCs public facilities is poor because the corporation does not have jetting machines that
spray water at high pressure to clean the toilets.
So, in the light of the SDMC order, it is pertinent to consider, the state of its existing public utilities also.
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Why it is not a proper solution?
The SDMC direction is a typical example of a quick fix, without looking at the full system, including the
availability of toilets, water for flushing, the sewerage network, sewage treatment and provisions for discharge of
the treated sewage into waterbodies.
Instead of outlining a programme incorporating these elements, the problem is trivialised by shifting attention
away from the inaction of the government by asking restaurants to open their toilets to the public.
Since many restaurants are normally open only during meal times, this, in any case, is not a solution round
the clock.
What could be done?
The solution lies in building more public toilets and ensuring they are properly maintained and financially
sustainable.
Most public toilets are single-storey buildings; they could easily have another floor of toilets, thereby doubling the
capacity without any need for additional land.
Select Citywalk Mall in Saket, is a good example. It has several toilets for the public on all its floors, which are
used by visitors and staff from different stores in the mall.
The maintenance contract is given to an outside agency and the toilets are kept clean.
There is no user charge and the costs are recovered from the rents that shops pay to the mall authorities.
So, it should be possible to do something similar in the markets of different Delhi localities.
Another possible approach for the SDMC would be to use public-private partnership, not only to build toilets,
but provide and/or fix the different links in the supply chain of managing and disposing waste.
Sewage treatment plants can also be built on land leased by the government and capital invested by the private
sector.
1.2 The Right to Recall
What is a recall election?
A recall election (also recall referendum) is a procedure by which voters can remove an elected official from office
through a direct vote before their term has ended.
Recalls, which are initiated when sufficient voters sign a petition, have a history dating back to the ancient
Athenian democracy and are a feature of several contemporary constitutions.
It has been in place in Canadas Legislative Assembly of British Columbia since 1995.
In the United States, several states allow for recall on specific grounds such as misconduct or malfeasance.
India and Right to Recall
This is not a new concept for India. The concept of Rajdharma, wherein the lack of effective governance was a
cause for removal of a king, has been spoken about since the Vedic times.
M.N. Roy, in 1944, proposed a shift to a decentralised and devolved form of governance, allowing for
representatives to be elected and recalled.
The ROPA, 1951, only provides for vacation of office upon the commission of certain offences and does not
account for general incompetence of the representatives or dissatisfaction of the electorate as a ground for
vacation.
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Nearly a decade ago, LokSabha Speaker SomnathChatterjee sought the introduction of a system of a Right to
Recall of a legislator to ensure accountability.
The Right to Recall also exists at local level bodies in Madhya Pradesh, Bihar and Chhattisgarh.
There exists no recourse for the electorate if they are unhappy with their elected representative.
What are the advantages?
A free and fair election is a right of the citizens of the country. When their elected representatives no longer
enjoy the confidence of the people, the people must have a right to remove them.
Right to Recall is a right that would act as a significant check on corruption along with ongoing criminalisation
of politics.
Studies highlight that elected representatives who are not up for election behave differently to those who are.
The true idea of democracy can only be achieved on this edifice of accountability for politicians.
Having a process to recall could also limit campaign spending, as morally skewed candidates weigh the risk
of being recalled.
This right would help engender direct democracy in our country, broadening access and raising inclusiveness.
To deepen democracy, the right to recall must be given hand in hand with the right to vote.
What could be done?
However, due care must be taken in the introduction of legislation associated with such laws.
To encourage the process of the right to recall, legislative change is needed which seeks to introduce recall
petitions, for elected representatives in the LokSabha and in Legislative Assemblies.
It is necessary to ensure that a recall process is not frivolous and does not became a source of harassment to
elected representatives.
Thus, the process should have several built-in safeguards such as an initial recall petition to kick-start the
process and electronic-based voting to finally decide its outcome.
Furthermore, it should ensure that a representative cannot be recalled by a small margin of voters and that
the recall procedure truly represents the mandate of the people.
To ensure transparency and independence, chief petition officers from within the Election Commission should
be designated to supervise and execute the process.
1.3 Internet as a Basic Human Right
What is the issue?
Kerala promises to deliver a new optic fibre network, Wi-Fi transmission centres and free Internet facility to two
million poor families.
Keralas finance minister, thus, affirmed access to Internet as a right for every citizen.
With this, the southern state joined a clutch of countries like Finland, Estonia, France, Spain, Greece and Costa
Rica that have declared the Internet a basic human right.
Why it should not be a basic human right?
But can access to Internet in general be defined as a basic human right? Vinton G. Cerf, a father of the Internet
(sharing this title with Bob Kahn) doesnt think so.
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In an article, Cerf argued, that the move to declare the Internet as a human right may be well intentioned but
misses the point that technology is an enabler of rights, not a right itself.
Cerf says that by allowing for the Internet to be defined as a civil right which is conferred upon us by law as
opposed to a human right which is intrinsic to us as human beings.
This brings us to another distinction, i.e., one between positive rights and negative rights,which is more important
to developing countries like India.
Negative Rights: They are intrinsic to us as human beings and the Constitution merely guarantees the
protection of such rights.
The Constitution usually curtails the power of government or other entities in performing certain actions which
violate the negative rights of the individual.
The right to equality or the right to freedom of expression enshrined in the Constitution of India are examples of
such rights.
Positive Right: It enables the holder of the right to claim a good or a service against the state or someone else.
These rights/entitlementsrequire fiscal allocations and hence are subject to budgetary constraints. (Ex.
MGNREGA, RTE etc.,)
Cerfs idea of right to the Internet as a civil right also comes under the banner of positive rights.
Positive rights, thus become justiciable and enable the citizens to demand better services from their
governments.
Moreover, declaration as rights enables centralization of power.
A right to education, for instance, mandates a kind of standardization for every corner of the country without
taking into account the granular differences on the ground.
The usefulness of the Internet cannot be overstated and the government should do everything possible to bridge
the digital divide among its constituents.
But declaring access to the Internet as a citizens right is not a defensible proposition.
1.4 Particularly Vulnerable Tribal Groups
Why in news?
A recent Anthropological Survey of India (AnSI) publication has brought to the fore startling revelations about the
Particularly Vulnerable Tribal Groups (PVTGs) in the country.
What the finding has revealed?
The publication provides one of the most detailed descriptions of PVTGs with each of the tribes being
discussed in separate chapters.
The findings revealed that, for the 75 PVTGs, base line surveys exists only for about 40 groups.
Base line surveys are done to precisely identify the PVTG families, their habitat and socio-economic status, so
that development initiatives are implemented for these communities, based on the facts and figures.
It emphasizes State govts must urgently conduct such surveys to arrive at accurate demographic and socio-
economic figures of the PVTGs.
Among the 75 listed PVTGs the highest number are found in Odisha (13), followed by Andhra Pradesh (12).
All the 4 tribal groups in Andamans, and 1 in Nicobar Islands, are recognised as PVTGs.
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The publication also points out that the PVTG list requires revising and refinement to avoid overlapping and
repetition.
Regional and State-specific variations in welfare schemes for PVTGs has also been highlighted.
There is a huge variation in the number of PVTGs ranging from a few individuals as in case of Great
Andamanese to about a little more than a thousand people as in the case of Toda of Nilgiris.
Although PVTGs are slowly witnessing decadal increase in their population, quite a few still face
stagnation such as the Birhor in central India. Some are declining like the Onge and Andamanese.
Smallest population size among the PVTGs are the Senteneles (as per the last contact effort on 2005, groups of
32 and 13 persons were sighted at different places).
The Great Andamanese (57 persons) and the Onge (107 persons in 2012 as per Andaman AdimJanjatiVikasSamiti)
are also dwindling.
The Saharia people of Madhya Pradesh and Rajasthan are the largest among the PVTGs with population
more than 4 lakhs.
Literacy rate among the PVTGs has gone up significantly over the past from single digit to 30 to 40 % in many of
the PVTGs.
However, as is the case with entire India, female literacy rate is still considerably lower compared to male
counterpart.
There is a considerable increase in the age of marriage among PVTGs.
The incidence of girl child being married while still being a minor, among these tribes has been decreasing.
1.5 Backward Classes Commission
Why in news?
The Union cabinet recently decided to replace the existing National Commission for Backward Classes (NCBC) with a
new constitutional body, named the National Commission for the Socially and Educationally Backward Classes
(NCSEBC).
How NCSEBC is different from NCBC?
NCSEBC will be a constitutional body (like the commissions for the Scheduled Castes and Tribes) rather than
a statutory body, like the NCBC.
Though this has less practical distinction, it could have important political implications.
A modest agenda will limit itself to placing the NCSEBC on par with the National Commission for the
Scheduled Castes (NCSC) and the National Commission for the Scheduled Tribes (NCST).
This would require amendments to the Constitution, introducing additional Articles comparable to the
existing Articles 338 and 338A (which establish the NCSC and NCST respectively), and 341 and 342.
These changes shift responsibility for amending the list of Other Backward Classes (OBCs) from the
government to Parliament.
It also effectively takes away the power that the states currently have to determine their own OBC lists.
What will be the impact?
This does not alter the basic rules of the game, namely the definition of the category socially and
educationally backward classes and the existing limit of 50% on the total share of various reservation quotas.
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Now that Parliament would have to decide whether to grant OBC status, it would no longer be possible for
opposition parties to stoke agitations without bearing responsibility for the consequences.
The burden of handling the inevitable conflicts arising from a zero sum situation could also be shifted from the
ruling party to Parliament. A
A Zero sum situation arises where the entry of new castes necessarily implies a decline in the share of castes
already included.
How does making the NCBC a constitutional body help?
Under the NCBC Act, the Commission merely has the power to recommend inclusion or exclusion of
communities in the OBC list.
The new Bill will allow it to look into all matters regarding the welfare and development of backward classes,
as well as to investigate complaints.
Currently, the Scheduled Castes Commission, which looks into cases of atrocities against Dalits, is also in
charge of hearing grievances from OBCs.
The amended Bill will give the Commission powers equivalent to that of a civil court.
The Commission, which will have a chairperson, vice-chairperson and 3 members, will regulate its own
proceedings.
Why has the Bill become contentious?
The Bill makes Parliament the final authority on inclusion of communities in the OBC list and, therefore, takes
away the authority of states which can now send requests to the.
Until now, the NCBCs recommendations with regard to inclusions and exclusions in the list are binding on
the government.
LokSabha passed the Bill. However, when it was placed before RajyaSabha, several members said such an
important constitutional amendment could not be approved without proper study.
Therefore the Bill was referred to a Select Committee.
The 25-member Committee will submit its report during the Monsoon Session.
This also means that there would be no NCBC in place unless the Bill is passed.
The term of the last member of the NCBC ended andno appointments have been made since then in
anticipation of the new Bill.
What are the shortcomings?
Parliament will determine who is a BC for the Central List, not NCBC.
New NCBC has no responsibility to define backwardness, so it cannot address the current challenge of well-
off castes demands to be included as BCs.
Article 340 deals with the need to identify socially and educationally backward classes, understand the
conditions of their backwardness, and make recommendations to remove the difficulties they face.
The 123rd amendment delinks the whole folio of backward classes from Article 340 and brings it closer to
provisions related to SC/STs.
The main shortcoming of the current NCBC is that it has no power to hear the grievances of the BCs.
Curiously, the SC commission has become the gold standard for those demanding the new NCBC. If the new body
is as incompetent as its role model, the nation will be spared of a lot of avoidable problems.
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The proposed system will treat the developmental issues related to BCs on a par with caste discrimination and
untouchability suffered by SCs and even by STs.
The new NCBC will hear grievances, inquire into complaints, summon officials given its powers as a civil court,
issue directions and have the right to be consulted by both Union and the States on policy matters related to BCs.
The whole business of inquiries into complaints, safeguards, recording evidence, etc. will result in the need to
enact laws similar to the ones in existence for the protection of SC/STs.
One is right to assume that BCs do face discrimination and exclusion and they deserve state support. But there is
no justification to suppose that their conditions are as bad as those faced by the SC/STs.
1.6 Blanket ban on online search
Why in news?
The Supreme Court said that it could not direct online search engines to block all texts pertaining to pre-natal sex
determination tests as it would deprive researchers, academicians and students valuable information on the issue.
What the SC has said?
The Supreme Court said that, citizens have the right to access the Internet to gain information, wisdom and
knowledge and their right cannot be curtailed unless it encroaches into the boundary of illegality.
It observed that the fundamental right of expression includes the right to be informed and the right to know
and the feeling of protection of expansive connectivity, the Internet offers this on the click of a button.
The court clarified that a general prohibition on all online content about pre-natal sex determinationwill curtail
the fundamental right to know of a genuine information-seeker.
A three-judge Bench held that, if somebody intends to search for medical tourism in India, he is entitled to search
as long as the content does not frustrate or defeat the restriction postulated under Section 22 of the PCPNDT
Act.
The three Internet search engines Microsoft, Google India and Yahoo! India gave their assurances to the
Supreme Court that they would neither advertise nor sponsor advertisements violative of the PNPCDT Act.
The trio said they had already appointed in-house experts to spot illegal content and pull them down.
The centre has said nodal officers had been appointed at State levels to keep tabs on the Net for offensive material
contravening Section 22 of the Act.
In case the nodal officers detect illegal online content, they would communicate with the search engines experts,
which would take it off within the next 36 hours of receiving the information.
1.7 Constitution Bench on Personal Laws
What is the issue?
Constitution Bench of the Supreme Court is scheduled to hear petitions challenging whether personal law practices
like triple talaq and polygamy violate the constitutional rights of Muslim women.
What is the case about?
In this case, the Centre has sought to re-open the debate as to whether personal laws can be brought under
the ambit of Article 13 i.e., laws inconsistent with or in derogation of the fundamental rights of the
Constitution.
If the Supreme Court agrees that personal laws are to be included under Article 13, then an aggrieved person can
challenge a particular personal law of a religion as violative of the fundamental rights and make it void.
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The Centre has also asked SC to determine whether the triple talaq, nikahhalala and polygamy are protected under
the freedom of religion under Article 25.
The Centre has argued that polygamy and triple talaq are not religious practices but social norms and customs
which can be intervened on by the State if they are found to be violative of constitutional rights.
What is the precedence?
The courts have in past made conflicting notes about the immunity enjoyed by personal laws.
The Bombay High Court held that personal law is not law under Article 13.
Supreme Court rejected to consider if unilateral divorce by talaq and polygamy were violative of Articles 14 and 15,
saying it was for the legislature to determine.
In December 2016, the Allahabad High Court had observed in a case that triple talaq was cruel and judicial
conscience was disturbed.
1.8 Right to Vote
What is the issue?
Article 326 of the Constitution provides for universal adult suffrage, but does not specifically mention the right to
vote.
The absence of a constitutional right to vote has consequences.
How courts determine the electoral system?
Supreme Court requested the governments views on a PIL seeking to impose a lifetime ban on contesting
elections for those sentenced to imprisonment for more than two years.
Currently, the ban extends to six years after the completion of a sentence.
The court has held that citizens are entitled to cast a none of the above vote, that the concealment of criminal
antecedents constitutes a corrupt practice under the law, and that electoral appeals to caste and religion are
impermissible.
More recently, the court has attempted to gradually reshape the ballot.
They raise fundamental questions about the nature of our democracy.
What are the problems?
The court has increasingly used the regrettable, caste-based taxonomy of purity and pollution in its decisions.
e.g In 2013, it endorsed the decision of the Patna High Court observing that candidates with criminal records
pollute the electoral process, affect the sanctity of elections and taint democracy.
The courts language is symptomatic of its conception of its own role to disinfect the electoral process.
Rights that are not explicitly set out in the Constitution, such as the right to privacy, have routinely been impliedly
read into the text.
But the court has refused to categorically recognise the right to vote as an inalienable constitutional right.
This could mean that it is a privilege that can be taken away as easily as it is granted.
Participation in the electoral process is often seen as a gateway right, or a right of rights.
The absence of a constitutional right to vote makes it easier to impose wide restrictions on who can exercise that
right, and the circumstances in which they may do so.
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This can be seen in the courts endorsement of the ban on the voting rights of prisoners.
Blanket prohibitions on voting are the surest way of alienating a political community.
The ban is draconian as it disregards the seriousness of their offences or the length of their sentences.
Moreover, prisoners awaiting trial are also denied this privilege.
The courts move to change the rules of the game to match its own conception of the ideal electoral system is
detrimental.
The right to vote and the right to contest elections are fundamental markers of citizenship in a constitutional
democracy.
1.9 Article 142
Why in news?
Recently SC invoked Article 142 of the Constitution of India, prohibiting the sale of liquor.
What is Article 142?
Article 142 empowers the SC to pass any decree or order necessary for doing complete justice in any matter
pending before it.
But the recent order is not the outcome of a legal suit between parties.
The location of hotels, restaurants or vends, selling liquor is a pure policy decision, best left to governments to
take.
Liquor is within the exclusive domain of state legislatures.
What is the effect of misusing 142?
The cancellation of all telecom licenses to serve the cause of public interest without individual culpability
jeopardised the survival of entities.
The consequences of cancellation of all allocations of coal mines have adversely impacted the balance-sheets of
public sector banks.
One of the consequences of such omnibus cancellations is defaults on bank loans. The consequent NPAs impact
the economy.
The decision to ban the sale of diesel cars with an engine capacity of 2000 cc jeopardised possible foreign
investment.
What should be done?
Constitutional concept of the separation of powers should not be overlooked.
It should not become an instrument to deal with every ill that confronts this country. Other proper channels
should be used.
Article 142 of the Constitution should be used judicially.
Use of Article 142 has economic consequences that tend to destabilise the economy.
For the court to be completely isolated from this populist environment is not easy. Judges might be swayed by
what we read.
So they have to be exceptionally careful in rendering decisions, which cause unintended consequences.
Recourse to Article 142 of the Constitution is inappropriate, wherever a statutory remedy is available.
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1.10 Section 295A and 153A of IPC
What is the issue?
The Supreme Court, in late April 2017, has intervened to spare Mahendra Singh Dhoni the ordeal of facing a criminal
trial for allegedly insulting the Hindu religion by being featured in the likeness of a deity on the cover of a business
magazine.
What the court has said?
The court quashed a criminal complaint filed under Section 295A of the IPC, a provision that makes
deliberate and malicious acts intended to outrage religious feelings a punishable offence.
The court said there was no deliberate intent on the part of the cricketer or the magazine to hurt religious
sentiments.
It drew upon the interpretation given to Section 295A by a Constitution Bench as early as in 1957 that it only
punishes the aggravated form of insult to religion when it is perpetrated with the deliberate and
malicious intention of outraging the religious feelings of that class.
What is Section 153A of IPC?
Another much misused section is IPC 153A which intends to punish those who promote enmity between
different groups on grounds of religion, race, place of birth, residence and language, and doing acts prejudicial
to the maintenance of harmony.
This section has been employed to harass writers and artists and cast a chill on free expression.
The problem with insult laws, irrespective of the form they assume, is that they are inherently subjective.
In this respect, Section 295A and 153A resemble our controversial contempt of court law there is no saying what
will scandalise a judge and therefore no saying when and for what contempt may be invoked.
What is the way forward?
Judicial relief does come in the end, but the bitter truth is that the process is the punishment.
It is time our lower courts stop taking reflexive cognisance of trivial cases filed on the basis that the
religious, caste or cultural sensitivities of some group have been offended.
These sections need to be read down, their scope narrowed in a way that moral vigilantes and those who affect
an emotional victimhood can no longer exploit the law to serve their narrow ends.
1.11 Upending Principles of Natural Justice
Why in news?
The Election Commissions proposal to have the Representation of People Act (RPA) amended to disqualify legislators
charge-sheeted for bribing voters is well-intentioned but bad in principle.
What happened?
The EC has drawn its recommendation from a proposal the Law Commission mooted in 2014.
It attempts to turn the dictum of any justice system on its head, i.e., that a person is innocent until proven guilty.
The Commission had called for including a new section in the RPA to expand the ambit of the
disqualification provision to include a person against whom a charge has been framed by a competent
court for an offence punishable by at least five years imprisonment for a period of six years.
Or till the date of quashing of charge or acquittal, whichever is earlier.
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The EC has also sought to make bribery a cognisable offence under the CrPC, which would bestow on the
police the authority to arrest an accused without a warrant.
These are draconian measures, which violate the principles of natural justice.
What is the principles of natural justice?
Natural justice implies fairness, reasonableness, equity and equality.
Natural justice is the concept of common law and it is the common-law world counterpart of the American
procedural due process.
In India, the principles of natural justice are firmly grounded in Article 14 and 21 of the Constitution.
Principles of natural justice are attracted whenever a person suffers a civil consequence or a prejudice is caused to
him in any administrative action.
These two are the basic pillars of the Principles of Natural Justice. No system of law can survive without these two
basic pillars.
o Nemo in propriacausajudex, essedebet No one should be made a judge in his own case, or the rule
against bias.
o Audi alterampartem Hear the other party, or the rule of fair hearing, or the rule that no one should
be condemned unheard.
What is the problem with the move?
The call for such a drastic measure evidently stems from the failure to curb corruption in elections.
It is said that the RPA provisions have failed to act as a deterrent against electoral malpractices since trials extend
for years and rarely result in convictions.
The RPA, indeed, has a provision to disqualify and bar a legislator if convicted for poll graft. However, the
keyword here is conviction.
It is true that, democracy needs to be cleansed of electoral malpractices, but that must be done by the patient
labour of improving processes and reforming institutions.
The way out is to reform the judicial process and ensure early and time-bound trial and closure in cases.
Surely, there must be effective deterrence to prevent the subversion of due process, but the onus for ensuring that
must to be on institutions.
1.12 Supreme Court order on Lokpal
Why in news?
The Supreme Court recently ordered on the appointment of the Lokpal.
What is the order about?
Leader of Opposition (LoP) in LokSabha is a part of the selection committee of Lokpal.
The second largest part in LokSabha should have at least 10% of the total LS seats in order to get the status of
Opposition Party.
There is no LoP in the current House, since the Congress does not have the required 10% seats.
An amendment has been proposed to substitute the position of the Leader of Opposition in LokSabha with the
leader of the single largest opposition party on the selection committee.
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The Court order clarified that The Lokpal can be appointed under the Lokpal and Lokayuktas Act, 2013, without
waiting for then amendment.
The court clarified that there is no justification to keep the enforcement of the Act under suspension till the
amendments are carried out.
It is time for a Lokpal in India.
But equally, it is crucial that the institution should be fair and independent, that it should rise above partisan
political interests and be insulated from government interference.
In this context, the presence of the LoP on the selection committee, alongside the PM, LS Speaker, Chief Justice of
India or his nominee and an eminent jurist, is enormously important.
It is a real and symbolic assurance of the institutions autonomy from the ruling regime.
The court order is also against the principle of separation of powers that is so fundamental to a constitutional
democracy.
1.13 Assam Accord 1985
Why in news?
All Assam Students Union (AASU) met Union Home Minister Rajnath Singh along with Assam Chief Minister
SarbanandaSonowal. It was the first tripartite discussion on the Assam Accord since May 2005.
Thirty-two years after it signed the Assam Accord with the Centre and the Assam government in 1985, the AASU
is still upset that major issues mentioned remain unresolved.
What is Assam Accord?
The Assam Accord (1985) was a Memorandum of Settlement (MoS) signed between representatives of the
Government of India and the leaders of the Assam Movement in New Delhi on 15 August 1985.
The accord brought an end to the Assam Agitation and paved the way for the leaders of the agitation to form
a political party and form a government in the state of Assam soon after.
Some of the key demands were All those foreigners who had entered Assam between 1951 and 1961 were to
be given full citizenship, including the right to vote.
Those who had done so after 1971 were to be deported; the entrants between 1961 and 1971 were to be denied
voting rights for ten years but would enjoy all other rights of citizenship.
A parallel package for the economic development of Assam, including a second oil refinery, a paper mill and
an institute of technology, was also worked out.
The central government also promised to provide legislative and administrative safeguards to protect the
cultural, social, and linguistic identity and heritage of the Assamese people.
Though the accord brought an end to the agitation, some of the key clauses are yet to be implemented, which has
kept some of the issues festering.
What was discussed during the tripartite talk?
While describing the talks as positive and encouraging, Gogoi said the AASU would oppose any move by the
Centre to pass the Citizenship Amendment Bill that proposes to grant citizenship to Hindus from Bangladesh.
Gogoi said, The Constitution of India, as also the Assam Accord, does not differentiate among illegal
migrants and foreigners on the basis of religion. We made it clear before the home minister that we will
stiffly oppose any such move.
17
The AASU leader said Rajnath assured them the Centre would not do anything that would dilute the accord.
The AASU says that since 1985, when the Assam Accord was signed, nothing concrete has been done by the
Centre for providing constitutional, legislative and administrative safeguards to protect, preserve and promote
the cultural, social, linguistic identity and heritage of the indigenous communities of Assam.
AASU and the AsomGanaParishad have also been expressing concern over the growing clout of illegal migrants
and people of that descent in the states political arena.
The Union home minister has assured the AASU that the Centre was committed to a flawless exercise for updating
the National Register of Citizens and providing constitutional and economic safeguards to the indigenous people.
1.14 Ethics behind Sting operations
What is the issue?
A Kerala ministers exit after a sting operation spurs a debate on privacy v/s public interest.
What is the operation about?
A Malayalam television channel had broadcasted an audio recording allegedly of the then Transport Minister
of Kerala purportedly seeking sexual favours from a woman who had come to him for assistance.
The women side of the conversation was not put out.
Later it was found that the woman journalist with the channel had conducted the sting, suggesting this was in
reality a kind of honey trap.
The CEO of the channel went on air to render an apology, presumably for misrepresenting matters.
The CEO and eight other employees from the channel have been booked under sections of the Information
Technology Act and the Indian Penal Code.
What is the ethics behind sting operation?
The ethics of sting operations is among the most fiercely debated issues in journalism.
Some generally agreed guidelines are -
Any such operation that uses false pretences, with its necessary violation of the interviewees trust and privacy,
must serve a larger public interest that far outweighs such violation.
It also must be used as a last resort, when there is no other means of acquiring the information sought.
It must be the outcome of considerable editorial deliberation.
They should never be intended to entrap or induce people into committing wrongdoing or embarrassing them
badly.
It is imperative that publications and broadcasters explain vital public interest for conducting them.
A sting cannot be an excuse to grab eyeballs with immodest and essentially private content, or a shortcut to
make a point merely by shocking the reader or viewer.
Doing so risks eroding that goodwill and leaving journalists facing harsh charges.
2. MAY 2017
2.1 Leader of Opposition
What is the issue?
The Supreme Court has asked the Union government to appoint the Lokpal without the Leader of Opposition
being a part of the selection panel.
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It is surprising that the SC did not ask the government why the position is vacant in the first place.
What are the misconceptions?
Leader of Opposition is a statutory office provided for in the Salary and Allowances of Leaders of
Opposition in the Parliament Act, 1977.
The leader of the party in opposition to the government which has the greatest number becomes the Leader of
Opposition.
The Speaker needs to recognise him/her as the Leader of Opposition.
The law is clear that the Speaker is required to recognise the leader of the numerically largest party in opposition
as the leader of opposition.
The option of not recognising him/her is just not available.
The rule that a party should have at least 10% of the members of the House for the Speaker to recognise someone
as the Leader of Opposition is not part of this act.
G V Mavalankar, the first LokSabha Speaker, said the main opposition partys strength must equal the quorum i.e.
10% of the total strength.
This point was later incorporated in Direction 121 (1) of the Directions by the Speaker, LokSabha, and The Leaders
and Chief Whips of Recognised Parties and Groups in Parliament (facilities) Act of 1998.
This has become redundant after the enactment of the Tenth Schedule of the Constitution under which even a one-
member party is recognised as a legislature party. So sticking to it would be meaningless.
Did the Judiciary overstep by this order?
Article 122 of the Constitution mandates the courts not to inquire into proceedings of Parliament.
But recognising the Leader of Opposition is not a proceeding of the House within the meaning of Article 122.
It is a statutory duty of the Speaker and the court can thus ask why action hasnt been taken, resulting in the delay
in appointing a Lokpal.
When the SC asked the government to select the Lokpal, even in the absence of the Leader of Opposition, it should
also have asked why the statutory provision was ignored.
2.2 Law Commission report
Why in news?
Recently Law Commission released its report on bail law reform which deserves urgent attention.
What does the report say?
The Law Commission, in its 268th Report, highlights the problem where it has become the norm for the rich
and powerful to get bail with ease, while others languish in prison.
The commission, headed by former Supreme Court judge B.S. Chauhan recommended to make it easier for all
those awaiting trial to obtain bail.
It said that one of the first duties of those administering criminal justice must be that bail practices are fair and
evidence-based.
Decisions about custody or release should not be influenced by factors such as gender, race, ethnicity, financial
conditions or social status.
The main reason that 67% of the current prison population is made up of under-trials is the great inconsistency in
the grant of bail.
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Even when bail is given, most are unable to avail itdue to their poor financial conditions.
The Supreme Court also observed that poverty is the main reason for the incarceration of many prisoners, as they
are unable to afford bail bonds.
What does the commission propose?
The Commission seeks to improve on a provision introduced in 2005 to grant relief to thousands of prisoners
languishing without trial and to decongest Indias overcrowded prisons.
Section 436A of the Code of Criminal Procedure stipulates that a prisoner shall be released on bail on
personal bond if he or she has undergone detention of half the maximum period of imprisonment specified for
that offence.
It recommends that those detained for an offence that would attract up to seven years imprisonment be released
on completing one-third of that period.
For those who had spent the whole period as undertrials, the period undergone may be considered for remission.
It gives an illustrative list of conditions that could be imposed in place of sureties or financial bonds.
It advocates the need to impose the least restrictive conditions.
The report statesthat the overcrowded prisons or unjust incarceration of the poor,can be reduced by expediting the
trial process.
2.3 National Commission for Minorities
Why in news?
Delhi High Court last week sought the Centres response on a plea against government inaction on making
appointments to the National Commission for Minorities (NCM).
What does the commission deals with?
The communities listed as minorities under the National Commission for Minorities Act, 1992, are Muslims,
Christians, Sikhs, Parsis and Buddhists.
Jains were included in the list in 2014.
The commission is a forum for appeal, set up to safeguard the rights and interests of Indias minority
communities.
Unlike the National Commission for SCs and for STs, National Commission for Minorities is a statutory body.
The NCM Act lists 9 functions of the Commission:
to evaluate the progress of the development of minorities under the Union and states;
to monitor the working of safeguards provided in the Constitution and in union and state laws;
to make recommendations for effective implementation of safeguards for the protection of minority interests;
to look into, and take up, specific complaints regarding deprivation of rights and safeguards of minorities;
to get problems of discrimination against minorities studied, and recommend ways to remove them;
to conduct studies, research, analysis on socioeconomic and educational development of minorities;
to suggest appropriate measures in respect of any minority to be undertaken by central or state governments;
to make periodic or special reports to the Centre on any matter concerning minorities; especially their difficulties;
To take up any other matter that may be referred to it by the central government.
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The NCM is supposed to have a Chairperson, a Vice-Chairperson, and 7 members, at least 5 of whom should be
from minority communities.
What is the difference between a constitutional and statutory body?
Constitutional bodies have greater autonomy.
They can take up and inquire into many matters suomotu, and have powers of a civil court.
Butthat does not mean that all statutory bodies are the same. E.g The National Human Rights Commission
(NHRC) has more powers than the NCM.
Why is there a need for such commission?
The Constitution is unambiguous about the rights of individuals, and of certain groups and minorities.
The success of a pluralistic democracy lies in these rational and robust institutions which protect those rights, or
give those abstract ideas shape on the ground.
The degree of autonomy with which organisations like the NCM, NCSC, NCST or NCBC are able to function
eventually decides how healthy a democracy is.
These are systems that allow for a healthy evaluation of the state of the nation, a forum for airing of discontent,
which ultimately strengthens the system, apart from allowing individuals to fully exercise their rights.
What happened to the move to give the NCM constitutional status?
The Constitution (One Hundred and Third Amendment) Bill, 2004, proposed to establish a new Commission, with
constitutional status.
But it got trapped in the commotion of defining who is a minority, and later the bill lapsed.
The founding fathers of the Constitution, as well as the framers of the 1992 Act seemed to have a clear idea of who
minorities were.
But the Supreme Court, in a matter concerning minority educational institutions, ruled in October 2002 that a
state may be considered as the basic unit for the protection of the right of minorities to set up minority educational
institutions.
Subsequently, a May 2007 cabinet proposal defined minorities along these lines so Hindus were a minority in
states such as Jammu & Kashmir, Punjab, Arunachal Pradesh, Nagaland, Meghalaya and Mizoram.
This presented complications, as religious and linguistic minorities had been historically defined in terms of their
overall numbers in the country.
While the NCMs recommendations are often ignored, the Centre is required to present its reports, along with an
action taken report, to Parliament.
2.4 Assams migrant issue
What is the issue?
The cut-off date for granting citizenship to Bangladeshi migrants in Assam, defined in Section 6A of the
Citizenship Act was March 25, 1971.
This has become the subject of a fresh debate more than 3 decades after the section was introduced following the
Assam Accord of 1985.
What is the background of the issue?
Five years ago, organisation called Assam SanmilitaMahasangha filed a writ petition challenging of Section 6A.
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The Assam Accord was already 27 years old then, and several lakh migrants who came from erstwhile East
Pakistan before March 25, 1971, had been accepted as citizens.
On December 17, 2014, a two-judge Bench of SC suggested that the matter be put before a five-judge Constitution
Bench, and listed 13 questions for it.
Most of the questions pertained to whether Section 6A violated the Constitution, and contradicted other
provisions of the Citizenship Act itself.
The two-judge Bench said that the Assam Accord had made a huge number of illegal migrants deemed citizens of
India.
Section 6A did not merely rest content with granting refugee status to those who were illegal migrants from East
Pakistan but went on to grant them the benefit of citizenship of India.
What will be the possible outcome of amending it?
It is argued that there is no rational basis for having separate cut off dates for regularising illegal migrants who
enter Assam as opposed to the rest of the country.
According to article 6 of the constitution, the cut off date for determining citizenship in India is July 19, 1948.
The All Assam Students Union (AASU), whose then leaders had signed the Assam accord, considers it all-
inclusive, as it has provisions for detection and deportation of foreigners, apart from providing constitutional
safeguards to the indigenous people.
If the base year is moved back to 1951, Assam will be pushed into fresh turmoil.
Thousands of people who came before 1971 and were granted citizenship by the Assam Accord will be rendered
stateless.
Groups that are challenging the validity of the Accord also want 1951 to be the base year for updating the NRC
(National Register of Citizens).
The process of updating the NRC has already given an indication as to how many people will find it difficult to
prove their Indian citizenship.
Last February, Gauhati High Court had declared as unacceptable residence certificates issued by panchayat
secretaries in rural areas and circle officers in urban areas as proof of citizenship for inclusion in the NRC.
Some 48 lakh persons who had submitted such certificates now face the prospect of being left out.
The High Court stated that Issuance of such certificates is contrary to the mandate of the Citizenship
(Registration of Citizens and Issue of National Identity Cards) Rules, 2003, besides not being in the national
interest.
While the Centre and the Assam government have decided not to contest the court order, the Centre told the
Supreme Court in April that it was considering the reliability of the ration card as a supporting document for
updating the NRC.
If the court declares ration cards as unacceptable, then another 20 lakh people stand to be left out, rising to 68
lakh the number of those unable to prove their citizenship.
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2.5 Citizenship to Chakmas and Hajongs
What is the issue?
A long-standing demand of the Chakma and Hajong refugee community for Indian citizenship may be met soon.
Who are these people?
Chakmas and Hajongs were originally residents of the Chittagong Hill Tracts of erstwhile East Pakistan, who had
to flee when their land was submerged by the Kaptai dam project in the 1960s.
The Chakmas, who are Buddhist, and Hajongs, who are Hindus, also faced religious persecution in East Pakistan
(now Bangladesh).
Chakmas and Hajongs entered India through the then Lushai Hills district of Assam (now Mizoram).
Within the Chittagong Hill Tracts, the Chakmas are the largest ethnic group and make up half of the region's
population.
The Chakma possess strong genetic affinities to Tibeto-Burman groups in Northeast India and to East
Asian populations.
In Assam Chakma people have scheduled tribe status.
They also have high frequencies of mainland Indian genetic ancestry.
Hajong are the fourth largest ethnicity in Meghalaya.
Hajongs are predominantly rice farmers and have the status of a Scheduled Tribe in India(Assam and Meghalaya)
According to officials, the number of these refugees has increased from about 5,000 in 1964-69 to 1,00,000.
While some stayed back with the Chakmas already in the district, the Indian government moved a majority of
Chakmas and Hajong to the North East Frontier Agency (NEFA), which is now Arunachal Pradesh.
At present, they do not posses citizenship and land rights, but are provided basic amenities by the state
government.
What is the problem?
The Centre and the Arunachal Pradesh government are in talks to accord citizenship to them, though without
extending the rights available to Scheduled Tribes in the state.
This is the third generation of the refugees who first settled in the region in the early 1960s.
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The Supreme Court had given a three-month deadline in 2015 to the Centre to process the demand.
Only about 5,000 persons of the original 14,888 persons of 2,748 refugee families settled in Arunachal between
1964 to 69 are reportedly alive, which means most persons in the two communities were born in India and hence,
qualify for Indian citizenship by birth.
Stiff opposition from the state government had stalled implementation of the SC directive.
But the move has political implications for Arunachal Pradesh.
Since the 1980s, the All Arunachal Pradesh Students Union (AAPSU) has spearheaded a mass movement against
granting citizenship to Chakmas and Hajongs.
The AAPSU fears that the refugees could soon outnumber the indigenous population and influence electoral
outcomes.
2.6 Telanganas Muslim Reservation Bill
Why in news?
The recent bill passed by the TRS government in Telangana that increased the quota for OBC (Pasmanda) Muslims
and STs needs critical evaluation.
What is the background of the issue?
Indian Muslims are differentiated into various caste groups.
Historically, the high caste Ashrafs, once the ruling class, conceived Muslims as a nation and mobilised for
self-determination through the Muslim League.
The 1946 elections, dubbed as the consensus on Pakistan, in which the Muslim League won handsomely, was
marked by a restricted electorate and nearly 85%of the population was excluded.
Mostly, propertied and educated Muslims, the high caste ashraf, voted for Pakistan, the vote of subordinated
Muslim caste groups wasnt even put to test.
In fact, lower caste Muslim organisations like the Momin Conference were actively contesting the two-nation
theory.
It is due to the tragedy of the Partition that Muslims lost reservations in independent India that they enjoyed pre-
1947.
Experience of being a ruling class and the fact of being higher caste and adequate representation in public
employment made ashrafs not to qualify as a socially backward class entitled to reservations under articles 16
(4) and 15 (4) of the Constitution.
This position is affirmed by the Mandal (IndraSawney) judgment (1992) and also by various government reports
including the Sachar Committee Report (2006).
But ideologues of the Pasmanda movement a social movement of backward, Dalit and Adivasi Muslims
consistently challenged reservations for Muslims and preferred that similarly placed lower caste groups across
religious communities be clubbed together.
For instance, in Bihar, the OBC list is subdivided into Annexure I (Most Backward Classes) and Annexure II
(Backward Classes) with most subordinated caste Muslims recognised in the MBC category with other Hindu
castes.
The Bihar formula works well, without triggering communal polarisation.
24
Why Telangana bill is a cause for concern?
In Telangana, while OBC-A and OBC-B included Muslim scavengers (mehtars) and cotton carders (dudekula) with
other Hindu backward castes, the OBC-E exclusively recognised 14 Muslim caste groups.
What the recent bill has done is to increase the OBC-E quota from 4% to 12%and the ST quota from 6% to 10%,
thereby taking the quantum of reservations in the state to 62%.
The revised quota will be struck down since it exceeds the Supreme Court ceiling of 50% for reservations.
The bill can also not be placed within the Ninth Schedule of the Constitution due to an unfavourable
government at the Centre.
Also, the OBC-E group includes around a 6% Muslim population segment.
In that case the existing 4% quota for OBC-E was reasonable.
Many experts fear that the bill will again feed into the hegemonic secular-communal or majority-minority
duopolies.
This situation could have been avoided had the Andhra Pradesh government followed the Bihar formula in 2004,
when it first introduced the OBC-E category exclusively for Muslim caste groups.
3. JUNE 2017
3.1 Need to Scrap Sedition Law
What is the issue?
The sedition law has been misused in recent times to suppress even minor dissent.
What is Sedition law?
It was introduced in the 1870s, originally to deal with increasing Wahabi activities that posed a challenge to the
colonial government.
Section 124a in The Indian Penal Code made words or any visible representation that brings hatred or
contempt, or excite disaffection towards the government punishable by law.
Most of the penal code was retained intact after 1947.
Despite demands to scrap it, the law of sedition remains enshrined in our statute book till today.
What is happening recently?
What is the need to scrap this law?
Figures of the National Crime Records Bureau reveal that in the two years preceding the JNU case, there were a
total of 77 sedition cases, of which only one resulted in conviction.
But it is not rates of conviction but the criminalisation of dissent that makes the law draconian.
Legal process itself becomes the punishment.
So the slapping of sedition charges can be considered as an attempt to strong arm the protesters into
submission.e.g An entire village in Kudankulam had sedition cases slapped against it for resisting a nuclear power
project.
It leads way to a totalitarian regime.
It only serve to give a legal facade to the governments persecution of voices.
It castsmany legitimate protesters as anti-national.
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3.2 SCs caution against use of Goondas Act
Why in news?
Supreme Court had recently struck down the detention of a man who had allegedly sold spurious chilli seeds in
Telangana.
What are preventive detention laws?
Preventive detention laws confer extraordinary discretionary powers on the executive to detain persons
without bail.
The period may extend to one year and courts tend to review them if the prescribed procedure was strictly
followed.
Several States have a law popularly known as the Goondas Act aimed at preventing the dangerous activities of
specified kinds of offenders.
What was the case about?
The Telengana government invoked the stringent provisions of the Goondas Act against a district distributor
of Genetic Seeds.
The authorities had said the trader was harming poor, small farmers and jeopardising their safety and
financial well-being.
It stated that recourse to normal legal procedure would be time-consuming and would not be an effective
deterrent against the sale of spurious seeds.
The detention of Thirumurugan Gandhi, leader of the May 17 Movement, a pro-Tamil Eelam group, under
the Goondas Act is also a brazen violation of their fundamental rights and another instance of abuse of the
law.
What the Courts stand?
The court termed this as a gross abuse of statutory powers.
It has set aside the Telangana authorities decision, calling it unsustainable.
It also said that the order was affecting the life and liberty of citizens.
It also questioned the use of words such as goonda and prejudicial to the maintenance of public order as a
rhetorical incantation solely to justify an arbitrary detention order.
The Goondas Act is meant to be invoked against habitual offenders, but in practice it is often used for a
various reasons.
3.3 Breach of Privilege Offence
What is the issue?
There is no codified laws for what constitutes a breach of privilege offence or prescriptions for punishment,
This makes itlargely a grey area in legal terms.
What happened recently?
On June 21 2017, the Karnataka assembly Speaker ordered the imprisonment of two journalists for a year.
It was based on recommendations in two separate reports of its privilege committees.
It is seen as an effort to throttle the media.
26
In Karnataka, over the years, prominent journalists have been summoned by privileges committees of the
legislature.
These motions have mostly ended with journalists apologising or clearing their stand and the committees have
dropped proceedings after a few hearings.
What provisions protect the privileges of the legislature?
Article 105 pertains to the powers, privileges, etc, of Parliament, its members and committees while Article
194, protects the privileges and powers of the houses of legislature, their members and committees in the states.
These sections protect the freedom of speech of parliamentarians and legislators, insulate them against
litigation over matters that occur in these houses, and give powers to define the powers, privileges and immunities
of a house, its members and committees
What constitutes a breach of privilege?
There are no clearly laid out rules on what constitutes breach of privilege and what punishment it entails.
In other words, these powers and privileges are not codified.
In Karnataka, privileges panels often refer to Practice and Procedure of Parliament by M N Kaul to define breach
of privilege.
The book states speeches and writing about the House or its committees or members can be punished as contempt
on the principle that these actions tend to obstruct the Houses in the performance of their functions by
diminishing the respect due to them.
This breach of privilege laws are often criticized for allowing politicians to become judges in their own
cause, raising concerns of conflict of interest and violating basic fair trial guarantees.
3.4 Issues with Finance bill 2017
What is the issue?
The cut down of tribunal autonomy by the finance bill 2017 has been a controversy.
What are the features of the bill?
It was passed as a money bill and Raja Sabha cannot make any decisions on the bill.
It is a bulk bill of 40 amendments to different laws, such as variety of existing taxation laws, use of Aadhaar,
income tax returns and raids, caps in cash transaction.
It laid the foundations for of the merger of several tribunals.
The Bill included amendments to legislation on multiple subjects, in an attempt to rationalise the functioning
of multiple tribunals.
There used to be 26 tribunals but now they are down to 19.
The Competition Appellate Tribunal will be merged with the National Company Law Tribunal.
The Telecom Dispute Appellate Tribunal will also do the work of the Cyber Law Appellate Tribunal.
The Airports Economic Regulatory Authority Appellate Tribunal.
The tribunal relating to the Employees Provident Fund will be subsumed in the Industrial Tribunal.
The qualifications, tenure, conditions of service, removal and emoluments of the chairpersons and members of
these tribunals will all be under the control of the Centre.
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What are the issues with the decisions on tribunals?
Theres no clear rationale behind this replacement, and seems to be rather arbitrary.
The amendments make the independence of the tribunals questionable.
Adjudicatory bodies under different laws cannot be abolished by a money bill.
The reconstitution of the tribunals will be determined by the outcome of the legal challenge.
The doctrine of separation of powers has been violated and the independence of judicial bodies compromised
by the Finance Act.
3.5 End of COMPAT
What is the issue?
The government of India recently initiated the process of implementing its budgetary announcement of
merging eight autonomous regulatory tribunals.
As a part of the processCompetition Appellate Tribunal (COMPAT) is now merged with the National Company
Law Appellate Tribunal (NCLAT).
It is done with the pretext that it would reduce cost and improve the efficiency and working of the quasi-
judicial agencies.
But there is little which suggests a consultation had taken place with the stakeholders before reaching this
decision.
What are the concerns?
There is a difference between how most of the sectoral regulators and their respective appellate authorities
divide functions & responsibilities.
The institutional capacity of COMPACT which was built in the last 8 years will be lost as all the pending cases
will be transferred to NLCAT.
It may need time to recoup the jurisprudence developed by its predecessor.
Regulatory reform should be a top priority of any governance mechanism but it should be more than a mere
inter se transfer of regulatory responsibilities of one agency to another incongruous one.
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Companies making investment decisions in India seek clear, predictable rules on how the countrys antitrust
regime shall function.
Therefore, inconsistencies and frequent amendments in the Regulations can have major negative
ramifications for the Indian economy.
A regulatory assessment to determine the feasibility of merging non-congruous regulatory tribunals is

essential.
It should be done to ensure there is no detraction from the quality of the existing judicial decision-making
functions of the replaced tribunals.
3.6 Language Politics in West Bengal
Why in news?
GorkhaJanmuktiMorcha (GJM) renewed its demand for a separate Gorkhaland state.
What is the reason?
GJM is a political party which campaigns for the creation of a separate state Gorkhaland within India, out of
districts in the north of West Bengal.
The recent protests started with the suspicion that Bengali would be made mandatory in the hills.
Later it spiralled into a broad-based indefinite agitation with the GJM targeting symbols of the state and
ordering closure of all government offices.
In May, Chief Minister of West Bengal had announced that all students would have to study Bengali from
Class I.
She later clarified that it would not be compulsory in the hill district of Darjeeling.
What should have been done?
Language has been a fraught issue in the Darjeeling hills for more than a century.
So the chief minister should have made the announcement without consulting the Gorkhaland Territorial
Administration (GTA), the semi-autonomous body that runs the affairs of the hill town.
Though later it was clarified that her government has no intention of making Bengali compulsory in schools in
Darjeeling, the damage was done.
What is need for addressing the Gorkhaland?
The Nepalese and Lepchas living in Darjeeling and the adjoining areas have a more distinct culture and
history than the Bengalis in rest of the state.
But since 1835 Darjeeling has been administered by the authorities in Kolkata.
The agitations are also becoming costly for West Bengal and the country, economically and for other reasons.
29
How this conflict can be solved without bifurcation?
Article 244 A provides for an autonomous state for certain tribal areas in Assam with its own legislature and
council of ministers.
By a small constitutional amendment, the applicability of this article can be extended to West Bengal even
other states.
This will enable the establishment of an Autonomous State of Gorkhaland, with a legislature and council of
ministers within the existing state of West Bengal without bifurcating it.
What will be advantages of such decision?
This solution will enable West Bengal to return to the path of development and welfare.
The Autonomous State can concentrate on the aspirations and welfare of the people of the region.
It can be an opportunity to secure all-round advancement of the STs, Scheduled Castes (SCs), and Socially and
Educationally Backward Classes and the poor.
This solution can be extended to other states where there is a demand for the formation of new states.
But a massive drive to build public opinion, both among Nepali-speaking and Bengali-speaking people, has to
be undertaken.
The Nepali-speaking people must be told that an autonomous state will enable them to assume control over
their future and development.
Similarly, Bengalis should be assured that they will not lose Darjeeling, which will continue to be part of West
Bengal while being the capital of the Autonomous State of Gorkhaland.
3.7 Ratification of Child labour conventions
Why in news?
India ratified two key global conventions on combating child labour.
What are the conventions?
India ratified Conventions 138 and Convention 182.
Convention 138 calls for the minimum age for employment not to be less than the age of completion of
compulsory schooling.
It is 14 years of age in case of India.
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Convention 182 calls for elimination of the worst forms of child labour.
What is the significance?
India has ratified six out of eight core ILO conventions.
Four other conventions were related to abolition of forced labour, equal remuneration and no discrimination
between men and women in employment and occupation.
Countries which ratify any of the ILO conventions have to go through a periodical reporting system every four
years.
So the government has to prove they are making progress.
Conventions 138 and 182 of the United Nations body leave it to the member-states to determine what
constitutes acceptable or unacceptable work for children at different ages.
It will also ensure compliance of the governments n2016 legislation
What are the provisions of the act?
The Central government had Child labour (Prohibition and Prevention) amendment Act, 2016.
It banned the employment of child labour below 14 years of age in all occupations and processes.
It linked the age of employment for children to the age of compulsory education under Right to Education Act
(RTE), 2009.
It prohibited employment of adolescents (14-18 years of age) in hazardous occupations.
But children were allowed to help families in running their domestic enterprises after school hours.
Given the sensitivities involved in monitoring activities within traditional households, effective enforcement will
pose a challenge.
Several industries were also declassified from being hazardous occupations.
Rescue of vulnerable children is stilluncertain.
3.8 Paid News
Why in news?
The Election Commission disqualified Narottam Mishra, Minister in the Madhya Pradesh government from
membership of any State legislature and contesting polls for the next three years for filing wrong accounts of
election expenditure.
What happened?
The ECs order cites the issue of paid news. Mr. Mishra had paid for favourable coverage in newspapers
during the course of the elections but had failed to mention expenses incurred for the same.
The candidate denies authorising the publication and takes the plea that he or she could not possibly account for
something that was not paid for.
So, in this case, the EC has taken the view that even if it were true that he made no payment, he should have
included a notional amount in his accounts.
Also, as long as the intention to boost someones prospects was clear (and there was no objection from the
candidate), the EC can rule that there was implied authorisation.
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What is paid news?
Paid news or paid content are those articles in newspapers, magazines and the electronic media, which indicate
favourable conditions for the institution that has paid for it.
The news is much like an advertisement but without the ad tag.
This kind of news has been considered a serious malpractice since it deceives the citizens, not letting them know
that the news is, in fact, an advertisement.
Secondly, the payment modes usually violate tax laws and election spending laws.
More seriously, it has raised electoral concerns because the media has a direct influence on voters.
Is paid news an electoral offense?
Paid news is not an electoral offence yet, but there is a case to make it one.
The EC has recommended that the Representation of the People Act, 1951, be amended to make the publishing or
abetting the publishing, of paid news to further a candidates prospects or prejudicially affect
anothers an electoral offence.
What should be the way forward?
Mr. Mishras case pertains to the 2008 election, and by the time the Commission has given its verdict he is into his
next term.
It is difficult not to notice that the enormous delay and is often created by candidates approaching the courts to
stall inquiries.
A legal framework in which electoral issues are expeditiously adjudicated must also be put in place if election law
is to be enforced in both letter and spirit.
3.9 Problems with Smart City Mission
Why in news?
The Ministry of Urban Developments released its fourth list under the Smart City Mission, taking the total number of
cities picked under the Centres flagship project to 90.
What is Smart City?
There is no universally accepted definition of a smart city.
The conceptualisation of Smart City varies from city to city and country to country, depending on the level of
development, willingness to change and reform, resources and aspirations of the city residents.
To provide for the aspirations and needs of the citizens, urban planners ideally aim at developing the entire urban
eco-system, which is represented by the four pillars of comprehensive development-institutional, physical, social
and economic infrastructure.
This can be a long term goal and cities can work towards developing such comprehensive infrastructure
incrementally, adding on layers of smartness.
What are the concerns?
A major share of the Centres investment in the Mission will flow to well-developed pockets that account for less
than 3% of the cumulative area of the cities.
One of the objectives of the Smart City Mission was to act as a corrective to a lopsided developmental pattern.
The mission intended to create employment and enhance incomes for all, especially the poor and disadvantaged
leading to inclusive cities. This emphasis on inclusive development has been diluted.
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Only 26 of the cities selected have plans to provide affordable housing, education and medical facilities.
The city development plans have not been aligned with some of the governments employment-generating
initiatives.
The government does have plans to promote start-ups and infrastructure projects. But these projects are
concentrated in tiny pockets in the selected cities.
Smart city plans have also not found a way to deal with recurring problems.
3.10 Action Plan for Start-Ups
What is the issue?
A year ago, the government launched its ambitious initiative for start-ups with an action plan containing 19
measures.
However, the governments initiative has had an impact on only a small section of start-ups.
Self-Certification - To facilitate ease of doing business, the government promised a compliance regime
based on self-certification.
It issued an advisory to states, union territories, EPFO and Employees State Insurance Corporation offices not
to inspect start-ups in the first year of set-up and, for the next three years, only with the approval of a senior
officer.
So far, only 12 states have confirmed compliance with the advisory.
IPR - A fast-track, low-cost intellectual property regime was promised.
Now, a list of more than 400 empanelled patent and trademark registration agents is published, and the
government is supposed to pay them for services to recognized start-ups.
However, there are only 1,006 such recognized start-ups that enjoy these benefits.
Innovation - All start-ups, regardless of whether they are considered innovative by the government, should
be able to enjoy these benefits.
The government should not get into defining and deciding what innovation means.
Closure - A critical measure to enable start-ups which could go on to fail is the ease of closure.
The rules for voluntary liquidation are still in the works.
They should be released and notified soon permitting start-ups to wind up business within 90 days.
Government Procurement - The government is a huge buyer of goods.
So central ministries and departments should be directed to relax the turnover and experience criteria for
public procurement, so as to promote purchases from start-ups.
The government instituted a Rs.10,000 crore fund-of-funds.
So far, there have been only limited disbursements compared to the nearly Rs.16,000 crore start-up funding in
2016.
Also, the details of the promised credit guarantee fund for start-ups are not out yet.
Tax An exemption from angel tax was announced.
But so far only 13 start-ups have been certified for such tax benefits.
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4. JULY 2017
4.1 CBFC culls Documentary
Why in news?
Central Board of Film Certification (CBFC) has refused to clear a documentary on AmartyaSen called The
Argumentative Indian until words such as Cow, Gujarat, Hindutva and Hindu Rashtra are either removed or
beeped out.
What is the reason behind?
CBFC is upset over Sens views on cow vigilantism and associatedlynchings, the Gujarat riots and the project to
spread Hindutva ideology.
It feels that the documentary mightjeaopardize the security in Gujarat.
Apart from Gujarat, CBFC earlier issued a list of banned terms which included Bombay.
What does it imply?
The arbitrariness of this list had caused the CBFC much embarrassment.
The organisation is set up to protect the public from the excesses of cinema, now presumes to cull the thoughts of
one of Indias foremost public intellectuals.
It is showing an unhealthy enthusiasm for censoring rather than certifying, which is the statutorily defined
purpose.
This government has been seen to be impatient with its critics.
It curbs or trashes alternative opinions.
It is having a stifling effect on creative expression in cinema, reflecting the attenuation of the public discourse.
CBFC
It is a statutory body under Ministry of Information and Broadcasting, regulating the public exhibition of films
under the provisions of the Cinematograph Act 1952.
Films can be publicly exhibited in India only after they have been certified by the Central Board of Film Certification.
The Board consists of non-official members and a Chairman (all of whom are appointed by Central Government).
It functions with headquarters at Mumbai and has nine Regional offices.
4.2 Right to Privacy
What is the issue?
Supreme Court (SC) is hearing a case to decide whether right to privacy is a fundamental right.
What is the present status of right to privacy?
Right to Privacy does not find any mention in the Constitution.
This right has been picked from Article 19 and 21 which deals with right to life and liberty.
In the absence of clarity, it has been defined only by a string of judgments.
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What were the landmark judgements in this regard?
Kharak Singh vs. State of UP - Extending the dimension of personal liberty, the apex court declared right
to privacy to fall under the purview of Article 21.
The court defined the right of personal liberty in Art. 21 as a right of an individual to be free from restrictions
or encroachments on his person, whether those restrictions or encroachments are directly imposed or
indirectly brought about by calculated measures.
Govind vs. State of MP - Right to privacy cannot be made an absolute right.
Subject to reasonable restrictions, the right to privacy could be made valid.
The right to privacy will have to go through a process of case by case development.
Rajagopal vs. State of T.N - The court defined privacy as part of Article 21 and as a right to be let alone.
A citizen has a right to safeguard the privacy of his own, his family, marriage, procreation, motherhood,
childbearing and education among other matters.
None can publish anything concerning the above matters without his consent whether truthful or otherwise
and whether laudatory or critical.
An exception in this case is,where a person voluntarily involves himself into a controversy or invites one.
Naz Foundation vs. Govt. of NCT Delhi - The court cited Article 12 of the Universal Declaration of
Human Rights and Article 17 of the International Covenant on Civil and Political Rights which define privacy
as no arbitrary interference with home, family or honour and reputation.
What is Supreme Court rationale?
The apex court laid down three categories under which the term privacy must fall for an individual to avail the
said right.
Any law interfering with personal liberty of a person must satisfy a triple test.
It must prescribe a procedure;
The procedure must withstand a test of one or more of the fundamental rights conferred under Article 19
which may be applicable in a given situation;
It must also be liable to be tested with reference to Article 14.
Will SCs judgement stop Aadhaar?
The heart of discussion should be on whether Aadhaar and the data that it collects is an invasion of that right
to privacy.
Even if the right to privacy is judged as a fundamental right, it has to be proved that the UIDAI data actually
invades privacy.
4.3 Right to Language
What is the issue?
The language data of the census are not made public by the government since 1961 census.
How is the language data handled in India?
During the colonial times, language was treated as a sensitive subject and was seen as a cause for breakdown
of law and order.
The information related to language data is handled by the Home Ministry.
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In 1961, a complete list of languages claimed during the Census as mother tongues was disclosed as 1652.
From 1971 onwards, the Census decided to disclose names only of those languages which had more than
10,000 speakers.
The rationale behind this move was not specified.
As a result, the list of 1971 had only 108 language names.
2001 language data put together several languages under a single category, undermining their diversity.
The 2011 language data has not been released yet.
How significant is the right to language?
UNESCO has been promoting the idea of language as an inalienable cultural right.
It has already built it into the charter of sustainable development goals.
India is a formal signatory to the charter.
The communitys right to its language becomes a non-negotiable right to cultural possession.
Similarly, the states obligation to secure and protect this right too becomes a non-negotiable duty.
Why is it important to release the data?
It is important for those who belong to the linguistically minority communities.
It helps them to take necessary action to preserve their language.
Longevity of multiple language is essential for maintaining the cultural diversity of the country.
Imparting education to children through their mother tongue is scientifically considered to aid full
development of their cognitive and emotive faculties.
So the data will help the government to identify the needs of various regions so that it can provide supportive
materials in their mother tongue.
The neglect of a communitys language and its language loss are among the most important reasons for
induced migration.
So the data will help in understanding the demographic transitions like language induced migration to avoid
urban sprawl.
Hence, the disclosure of data related to languages should be made as a primary obligation of the state.
4.4 Special Status to J&K
Why in news?
PIL plea was filed contending 35A.
The Supreme Court Bench agreed to schedule the case before a three-judge Bench.
What is the view of J&K HC?
J&K High Court earlier ruled that Article 370 assumed a place of permanence in the Constitution and the
feature was beyond amendment, repeal or abrogation.
It also observed that the President under Article 370 (1) was conferred with power to extend any provision of
the Constitution to the State with such exceptions and modifications as may be deemed fit subject to
consultation or concurrence with the State government.
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It said that J&K, while acceding to the Dominion of India, retained limited sovereignty and did not merge with
it.
It also clarified that Article 35A gave protection to existing laws in force in the State.
Article 35A of the Indian Constitution empowers the J&K state's legislature to define permanent residents of
the state and provide special rights and privileges to those permanent residents.
Why Special Status has been conferred to J&K?
In 1947, after independence, the State of J&K decided not to join either Pakistan or India.
India welcomed this decision, but Pakistan attempted to annex the State militarily.
So the Maharaja of J&K sought Indian help to save his territory and people who were being killed and looted
by the Pakistani militants.
Subsequently an Instrument of Accession was signed which provided certain concessions for the
autonomy of the State.
This special status of the State is enshrined in Article 370 of the Indian Constitution. This Article cannot be
amended.
What are the provisions in Special Status?
The State of J&K has its own Constitution apart from Indian constitution.
This state follows dual citizenship- Citizenship of J&K and India.
The residuary power of the state lies with the Legislature of the J&K and not the Parliament of India.
Except for defence, foreign affairs, finance and communications, the Parliament needs the state governments
concurrence for applying all other laws.
The national emergency proclaimed on the grounds of armed rebellion, shall not have an automatic extension
to J&K.
The Governor of the State is to be appointed only after consultation with the Chief Minister of that State.
Financial Emergency under Article 360 of Indian constitution cannot be imposed on the State.
DPSP and Fundamental duties enshrined in the Indian constitution are not applicable to J&K.
Apart from the Presidents rule, the Governors rule can also be imposed on the State for a maximum period
of six months.
The preventive detention laws as mentioned in Article 22 of Indian constitution do not have an automatic
extension to the State.
The name, boundary or territory of the State of J&K cannot be changed by the Parliament without the
concurrence of the State Legislature.
Right to property is fundamental right - Article 19(i) (f) and 31 (2) of Indian constitution have not been
abolished for this State.
4.5 Demand for a separate State Flag
Why in news?
Kannada and Culture Department of the state government recently notified the setting up of a committee to examine
the feasibility and legal issues around the demand.
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What is the Karnataka governments stand?
The government has constituted a committee to look at the issues in the creation of a state flag.
It stated that Karnataka already has an official state song and it feels that there is nothing wrong in having a
state flag.
It was also ensured that the national flag will always fly higher that the state flag.
Karnataka has had an unofficial state flag since the mid-1960s when pro-Kannada groups were agitating
against the screening of non-Kannada films in the state.
The unofficial flag is flown every year on November 1, Karnatakas foundation day, and is a common sight at
public places.
What is the centres view?
There is no provision in the Constitution for a state flag.
Home Ministry stated that legally, there is no provision either for providing or prohibiting a separate flag for
any state.
It also said that if such a flag is created it would only represent the people and not the state.
4.6 Need for directly elected mayors
Why in news?
Maharashtra cabinet has recently approved a proposal for direct election of the village sarpanch, the head of the gram
panchayat, who was earlier elected indirectly by elected representatives.
Why direct elections are proposed?
The 73rd and 74th amendments created Panchayatat Village levels and Municipalities and Municipal
Corporations in towns and large cities.
The amendments aimed for division of powers and functions.
It called for a 3 tier system.
All the members of these three level are elected.
Further, the chairperson of panchayats at the intermediate and district levels are indirectly elected from
amongst the elected members.
However the resources and the powers continue to be vested with the state governments, which are reluctant
to delegate them to LSGs.
So the proposals are made for direct elections of LSG authorities to bring into materialize the vision of the
institution.
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What are the problems with the office of mayor?
Head of the municipal corporation, the mayor, functions merely as a ceremonial authority.
Executive decisions are largely carried out by the municipal commissioner appointed by the state government.
Short tenure of mayors in many states which is hardly enough to create lasting changes in a large metropolis.
Sometimes, directly elected mayors run into corporations dominated by members of rival political parties
creating difficulty in day to day governance.
A private member bill suggested a provision for a mayor-in-council that would be nominated by the directly
elected mayor.
Such a council, with an executive role, has existed in Kolkata and has performed reasonably well.
Direct elections for Mayor will go a long way in accomplishing the goals of democratic decentralisation.
4.7 Lateral Entry in Civil Services
Why in news?
Department of Personnel & Training (DoPT) has been asked to prepare a proposition on lateral entries into civil
services that deal with economy and infrastructure.
Was the idea mooted before?
The first Administrative Reforms Commission (ARC) had pointed out the need for specialization as far back
as in 1965.
The SurinderNath Committee and the Hota Committee followed suit in 2003 and 2004, respectively.
In 2005, the second ARC recommended an institutionalized, transparent process for lateral entry at both the
Central and state levels.
But pushback from bureaucrats, serving and retired, and the sheer institutional inertia of civil services that
have existed largely unchanged for decades have prevented progress.
What is the need for lateral entry?
The newly independent India had pressing concerns about the need for socioeconomic development, the
demands of Central planning and the imperative of holding together a new nation.
Thus, at that time, the civil services were seen as a tool for achieving these objectives.
Now those dynamics have changed.
A judicious combination of domain knowledge and relevant expertise is a critical requirement in governance.
It is felt by many that these attributes are often not present in a cadre of generalists.
The second ARC also envisaged a shift from a career-based approach to a postion-based approach
for the top tier of government jobs.
Also, given the sheer enormity of most government projects, good managerial talent is critical.
ARC felt that civil servants ought to compete with domain experts from outside the regular civil service for
senior positions.
What might be the negatives?
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Large-scale lateral induction would amount to a vote of no-confidence in the government personnel
management system.
It is also not clear how lateral entrants would be more performance-oriented.
Lateral entry at senior decision-making levels will increase the disconnect between policymaking and
implementation.
Best talent can be attracted only if there is reasonable assurance of reaching top level managerial positions.
Itopen the gates for a spoils system, drive talented people away from a civil service career.
4.8 Merger of ONGC & HPCL - Corporate Governance
What is the issue?
The Union Cabinet recently gave go ahead to the purchase of Hindustan Petroleum Corporation Limited by
the Oil and Natural Gas Corporation
The question of corporate governance has arisen with the Centre being the controlling shareholder in the two
companies.
What are the drawbacks?
ONGC does not gain much since the transaction is being structured as an acquisition.
The best way for ONGC to structure the transaction would have been in the form of a merger using its own
shares as currency.
A merger could have been used to extract improvements in profitability from cost savings, better operational
efficiency and combine both businesses with the full benefits of integration available to claim.
It helped only the government to help it meet its divestment target.
ONGC will likely spend around 20,000 crore to acquire a little over half of HPCL's equity.
This money that couldve been better spent in its core business of exploration and production.
Any mergers or combinations among PSUs should be based on commercial considerations alone.
It should also be structured in the best interests of not just

the two companies but all of its shareholders, including Delimitation
the public.
Delimitation literally means the act of
The government plays various roles likebeing the owner, fixing the boundaries of constituencies.
policy-maker and a law-maker, which should be limited.
Under Article 82 of the Constitution,
5. AUGUST 2017 Parliament enacts a Delimitation Act
after every Census which establishes a
5.1 Problems with Delimitation
delimitation commission.
What is the issue?
The main task of the commission
is redrawing the boundaries of the
The constitution was amended to freeze the delimitation till
various assembly and Lok
2026. Sabha constituencies to ensure an
equitable population distribution.
This had led to a situation where many states have a
representation in the parliament that is disproportionate to Delimitation commissions have been set
their population. up four times in the past under
Delimitation Commission Acts of 1952,
1962, 1972 and 2002.
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How did the present problem evolve?
The government had suspended delimitation in 1976 until 2000.
This is done for the reason that the states' family planning programs would not affect their political
representation in the LokSabha.
84th Constitution Amendment), Act 2001 extended the deadline from 2000 to 2026.
Later, delimitation based on the 2001 census was done.
However, the total number of seats in the Assemblies and Parliament decided as per the 1971 Census was not
changed.
The constitution has also capped the number of Lok Shaba &Rajya Sabha seats to a maximum of 550 &250
respectively.
As a result increasing populations are being represented by a single representative.
What will be the consequence?
If the constitution was to be amended to increase the number of seats in the parliament, then there is a need to
work out the modalities to ensure more time deliberations& debate.
Disruptions will be a bigger challenge in a larger house & needs to be dealt with.
States whose representation might get diluted will be an aggrieved lot.
There is also strong element of sub-nationalism prevalent in many states.
So the move could have huge political ramifications & needs to be treaded cautiously.
5.2 Gujarat Rajya Sabha Election - NOTA
Why in news?
SC allowed the use of NOTA in elections to three Rajya Sabha seats in Gujarat
How Rajya Sabha members are elected?
General elections to the Lok Sabha are conducted with secret ballots (or votes) and are based on the first-past-
the-post principle.
Unlike this, Rajya Sabha elections uses open ballot system and follow a proportional representation system
based on the single transferable vote.
Open ballot system is when the MLAs have to show their ballot NOTA
paper to an authorised party agent before putting it in ballot
None of the above is a ballot option in
box. some jurisdictions or organizations,
designed to allow the voter to indicate
What are the issues with NOTA in Rajya Sabha polls?
disapproval of all of the candidates in a
NOTA is generally restricted to direct elections. voting system.
In the case of the Rajya Sabha elections, the vote allows for the The idea behind the use of NOTA is to
allow the voter to register a protest
preferential ordering of candidates.
vote if none of the candidates is
acceptable to her for whatever reason.
If an MLA chooses NOTA, the vote is rendered would be
ineffective. The candidate with the highest number
of votes polled is declared elected
It is argued that if the NOTA option is allowed, the legislators' irrespective of the NOTA total.
votes would be "bought" secretly by other parties.
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It would also become "a tool for corruption"
What are the supporting views on NOTA?
Anti-defection law provisions do not apply for RS elections, and a defiant MLA is not disqualified from
membership of the House.
The party can take only disciplinary action including expulsion. The defiant voter can continue to be an MLA
and his vote can also not be invalidated for defying party directions
So the presence of the NOTA option allows the possibility of a protest vote against the party high command for
choosing candidates who are not agreeable, without having to choose candidates from opposition.
SC said the use of the NOTA option is a constitutional issue which needs to be debated.
5.3 Gujarat Rajya Sabha Election - Disqualification
Why in news?
Two votes cast in Gujarat Rajya Sabha election were invalidated, when two electors cast their ballots and showed it.
What is the ground for invalidation?
As per the Conduct of Election Rules 1961 Rajya Sabha elections call for a ballot-in-secret.
Rule 39A mandates that the elector cannot declare his ballot to anyone with an exception in Rule 39AA.
Rule 39AA mandates that an elector belonging to a political party must declare his vote only to the party
agent, if the political party has issued a whip regarding the vote.
Any deviation results in the invalidation of the ballot by the presiding officer.
How can secret voting be achieved?
Secrecy aims to protect the vote as it affords the right to the voter to keep silent over the choice of candidate.
This is achieved by two means - The duty-based measure and the rights-based measure.
The rights-based measure provides the voter the right to keep his vote a secret.
According to this, election authorities should provide voting facilities that do not disclose the vote. But the
voter can choose to not opt for secrecy.
The duty-based measure imposes secrecy as a statutory duty not only on the election authorities but also
on the voter.
The voter even by his consent cannot declare his choice; doing so would invalidate his vote.
Rule 39A creates secrecy in the nature of a duty-based measure.
What are the flaws in this system?
It is argued that the voter should not be given an option to declare his vote because the flexibility would allow
others to pressure him informally into declaring his choice.
In reality, Rule 39AA of the Conduct of Election Rules defeats this purpose.
Refusing to declare to party agent is a violation of the election procedure and the vote stands invalidated.
It allows for internal voter intimidation by parties.
Also, Rule 39A applies only while the election process is underway.
It does not prohibit a voter from declaring his vote after the process is completed.
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It cannot control the behaviour of the elector outside the ballot box.
Therefore, the scheme of duty-based secrecy fails.
5.4 Parliamentary Salaries
What is the issue?
The Tamil Nadu Assembly has recently voted to double the salaries of its legislators.
This has raised a debate on rationalising the salaries of members of legislatures.
What are the issues with the demand?
Tamil Nadu legislators demand comes at a time of farmers demanding drought relief package and loan
waiver.
Recently, parliamentary representatives alsohave demanded an increase of their own fiscal compensation by
1,250% over the last two decades.
But the Parliament has seen less than 50% of Bills being scrutinised by parliamentary committees, defeating
the very purpose of a deliberative Parliament.
Ideally, remunerations granted should be in proportion to the services that they have rendered to the nation.
The rush to pass Bills has also been inspired by a priority for politics rather than for policy.
What is to be done?
Instead of seeking pay in line with the private sector, Indias public representatives should be paid a
reasonable wage, in proportion to their service.
An external independent body should determine that parliamentary salaries are fairly set.
Salary reviews should be conducted through an institutionalised process to ensure that increments are
provided through a transparent and accountable process.
The receipts record of parliamentarians should be made public.
Salaries should also be linked to their performance and to a minimum attendance of parliamentary sessions.
5.5 Controversy around Art 35A
Why in news?
The Supreme Court is hearing a PIL petition challenging the constitutional validity of Article 35A.
What is the controversy in Art 35A?
Article 35A allows the Jammu and Kashmir legislature to define the list of permanent residents of the
state, who-
1. are eligible to vote
2. can work for the state government
3. can own land, buy property
4. can secure public employment and college admissions, etc.
Non-permanent residents are denied all these rights.
This article is being challenged on the ground of gender discrimination.
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This is because a male resident will not lose the right of being a permanent resident even after marriage to a
woman from outside.
A woman from outside the state shall became a permanent resident on marrying a male permanent resident of
the state.
However, a daughter who is born state subject of J&K will loss the right of being a permanent resident on
marrying an outsider.
It discriminates against women who marry outside the State from applying for jobs or buying property.
This is said to be against the spirit of Article 14 of the Constitution which provides for equality before the
law and the equal protection of the laws.
Why is the case significant?
Art 35A was added to the constitution through the Constitution (Application to Jammu and Kashmir) Order,
1954, a presidential order not yet ratified by the Parliament.
It is being challenged that the provision was unconstitutional and approved without any debate in the
parliament.
The J&K government sees Art 35Aas offering the state a special position.
On the other hand, the Centre differs on the grounds that it discriminates against women and is calling for a
larger debate.
The issue is now getting -a political tone leading to tensions between the state and the central government.
There are also apprehensions that any adverse order against the provision could give the state's separatists a
chance to stir up violence in the state.
It is high time that the governments place the rights and privileges of the people of the state above
political motives and deal it accordingly.
5.6 The Fundamental Right to Privacy
Why in news?
The Supreme Court recently pronounced its verdict upholding right to privacy as a fundamental right.
What are the main aspects of the verdict?
In a unanimous verdict, a nine member Constitution Bench of the Supreme Court declared that privacy is
intrinsic to life and liberty and thereby a part of the Art-21 of the fundamental rights.
It held that privacy is a natural & inherent right available to all humans and the constitutional recognition is
only to make it explicit.
But the court also clarified that it is not an absolute right.
What are the larger implications?
Right to life & personal liberty This bench has become the 1st t0 explicitly overruled the Emergency era
judgment in ADM Jabalpur v Shukla case, that had ruled that fundamental right to life & personal liberty
could be suspended during Emergency.
Homosexuality The judgment also implicitly overrules the 2013 judgment of the Supreme Court that
upheld the validity of IPC Section 377, which criminalises homosexuality.
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The verdict held that the sexual identity of the LGBT

IPC - Section 377
community is inherent in the right to life.
Section 377 of the Indian Penal Code
Currently, Section 377 is pending before a Bench of five dating back to 1860, criminalises
judges and in this backdrop, its striking down is the most sexual activities "against the order of
likely outcome. nature".
Right to die - As an individuals rights to refuse life This arguably included homosexual
prolonging medical treatment is another aspect that falls sexual activities but wasnt restricted to
within the zone of the right of privacy, this revives the it.
question of passive-euthanasia.
The section was decriminalized with
This was originally dealt in Aruna Shanbaugs case were it respect to sex between consenting
adults by the High Court of Delhi in
was then held that no violation of fundamental rights had
2009.
been established.
That judgement was overturned by the
The matter is now pending re-consideration before a Supreme Court of India in 2013, with
Bench of five judges and this verdict is bound to influence the Court holding that amending or
that case. repealing Section 377 should be a
matter left to Parliament, not the
Beef & Alcohol - While Bombay High Court held that judiciary.
consumption of beef is a part of the right to be left alone,
the Patna High Court struck down the total ban on alcohol Hence, same-gender sex remains a crime in
in Bihar. the country.
While both these judgments is now being challenged before the Supreme Court, the current judgment has held
that the right to food of ones choice is part of the right to privacy.
It is therefore clear that the privacy judgment will have a bearing on matters like consumption of beef and
alcohol.
Data Protection - As India has no statute regarding privacy or data protection, concerns were raised by the
court.
It expressed hope that the government would undertake this exercise after a careful balancing of privacy
concerns and legitimate state interests.
The court had previously been informed that the Ministry of Information Technology has constituted a
Committee of Experts to deliberate on a data protection framework.
Whatsapp & Facebook case - The verdict has recognized the threat of Big Data in private hands and the
need to establish a statutory framework to safeguard them.
It was observed that information, when shared voluntarily, may be said to be in confidence, and any breach of
confidentiality is a breach of trust.
This assumes great significance, given that privacy concerns over WhatsApp and Facebook are pending
adjudication before another Bench of five judges.
Future of Aadhar - The immediate trigger for the privacy case being taken up was Aadhar & hence the
judgments impact will also be felt the most there.
Attorney Genreals argument regarding Aadhar, that the right to privacy is not fundamental in a developing
country where people do not have access to food & shelter was severely rebuked by the SC bench.
This will significantly limits the stand that the union government will be able to take before the bench that
finally hears the validity of the Aadhaar Act.
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How does the future look?
Reasonable Restrictions - It is pertinent at this juncture to note that the judges have referred to the
reasonable restrictions and limitations that privacy would be subject to.
The verdict also elaborated that such restriction should be based on compelling state interest and on a fair
procedure that is free from arbitrariness, selective targeting or profiling.
The verdict also made a note for future courts that would exercise writ jurisdiction to be cautious about the
nature of the relief they grant based on wide and open-ended claims of breach of privacy.
State Surveillance Privacy as a value finds itself at loggerheads with notions of national security, the
needs of a knowledge society and even socio-economic policy.
While surveillance of the state for security & administrative reasons would help better governance, the
tendency to slip into an era totalitarian control is very much real.
Hopefully, this judgment will put such concerns to rest and bring about a more equitable relationship between
citizens and the state.
5.7 Compensation for Damage of Religious Shrines
Why in news?
The Supreme Court has set aside a Gujarat HC order on repair of shrines damaged in Gujarat riots.
What was the case about?
A PIL filed by the Islamic Relief Committee of Gujarat (IRCG), demanded a survey on and compensation for
the religious places damaged in 2002 post-Godhra communal riots.
The Gujarat High Court ordered the state government to give monetary compensation to all religious places
damaged in favour of persons in charge of the religious places..
It did not set any limit on the compensation amount.
It also appointed principal district judges as special officers to decide the amount required for.
SC has reversed this order.
What is the rationale behind the SC's reversal?
SC has accepted the state's argument that using substantial part of the tax-payers money for paying
damages to destroyed religious structures would violate Article 27 of the Constitution.
Article 27 forbids the state from compelling a person to pay taxes for promotion or maintenance of any
particular religion or religious denomination.
The HC's order was challenged by the state government which came up with a new compensation
scheme.
The scheme places the riot-affected religious structures on par with houses destroyed or damaged in the
violence.
It agrees to pay a maximum of Rs 50,000 as compensation to all places of worship damaged in the riots.
The SC has agreed to this scheme, as the maximum amount as ex-gratia assistance is fixed.
Also, the power to determine the ownership or administration rights of religious places concerned is conferred
on the district collector.
Moreover, the terms and conditions for claiming the amount are clearly prescribed in the scheme and are
reasonable.
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What are the drawbacks in this regard?
Right to life and liberty - The state government had argued that in a secular country it cant spend
government money for any religious purposes.
This protects the freedom of religion guaranteed under Article 27.
However, this fails to address the fact that if religious places of weaker sections of population are targeted, it
essentially has an impact on their rights to equality and personal liberty as well.
Fundamental rights - SC accepted the state's argument that the writ power of the High Court is limited in
terms of awarding compensation.
This is because, right to property being a constitutional right, do not fall under the writ jurisdiction of the HC
under Article 226.
However, the recent developments, especially the judgement on Right to Privacy, seem to be giving wider
scope to the fundamental rights.
The various fundamental rights are no more compartmentalised and seen in isolation but are rather
jointly read and dealt as a broader concept.
States' role - In this case, the state has fall short of its duty and responsibility in maintenance of law and
order.
Thus it is being argued that the compensation is not being sought for the maintenance of any particular
religion but for the failure of the government in fulfilling its basic duty.
Expenditures on religious activities - The court seems to have missed the fact that governments are
routinely spending money on various religious activities.
This includes the states' funding on devaswoms, expenditure on trips, yatras, and pilgrims of different
religious sects, maintenance of temples, etc
5.8 Digital Police Portal
Why in news?
Minister of Home Affairs has recently launched Digital Police Portal under the CCTNS project.
What is CCTNS?
The Crime and Criminal Tracking Networks and Systems is an Indian government project for web based
policing.
It was conceived as a response to the Mumbai attacks of 2008 and approved in 2009.
It aims at creating a comprehensive and integrated system for effective policing through e-Governance.
The system is already in operation in many states but with a limited coverage.
What are the features of the Portal?
The portal is part of the Inter-operable Criminal Justice System (ICJS) that aims to integrate the CCTNS
project with a larger database.
It aims at integrating various organs of the criminal justice system with the CCTNS database.
This include the police, courts, prisons, forensic laboratories, juvenile homes, etc.
It facilitates a pan-India search of crime and criminal records of individuals through a national
database.
47
It offers 11 kinds of search and 44 types of reports.
Also, it will provide for the citizens to register FIRs online and also to register complaints against erring
police officials.
It gives them access to seven public delivery services which include among many -
1. person/address verification of employees, tenants and servants.
2. permission for hosting public events.
3. reporting lost and found articles and vehicle theft
The portal has a scope of extending its domain further to the databases like vehicle registrations as well.
Criminal investigations and decisions can now become more informed.
However the success of this potential game-changer project will depend on data accuracy and its
judicious utilisation.
Government has to ensure this while going ahead with the revolutionary initiative for the justice system.
5.9 RTI and Defence ministry
Why in news?
Defence ministry at various instances failed to address the requests made under RTI act.
Recently the Central Information Commission (CIC) advised the Ministry of Defence (MoD) to ensure
correctness and accountability in defence procurements.
What is the role of RTI in requesting an information?
RTI specifies information is required to be published within 120 days of the notification of the Act in respect of
the items listed therein.
Listed items are like the particulars of the organisation, its function and duties, norms set for discharge of
functions, etc.
The information can be in any form, including records, documents, opinions, press releases, circulars,
contracts, etc. or can be data material held in any electronic form.
RTI Act prescribes a maximum of 30 days for disposal of applications.
It specifies for one CPIO (Central Public Information officer) for each department, who could forward the RTI
applications to the right persons within the department.
What are the issues in acquiring defence information?
There are plenty of RTI requests which were not addressed effectively by the defence ministry.
RTI portals of defence ministry does not provide any meaningful information required to be made public every
year.
CPIOs to turn down the request on the grounds that the information sought by the applicant does not qualify
as information.
The information required by the contractors and vendors itself is not delivered successfully by the department.
The process is uncommunicative and unresponsive in regard to matters relating to defence acquisitions.
48
There are chronic delays at every stage in the procurement process, which distressing aspect of the entire
system.
What method is used by CPIO for denial of information?
Section 8 of the RTI Act, exempts information, disclosure of which would prejudicially affect the sovereignty
and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign
State or lead to incitement of an offence.
The irony here is, the denied information is found splashed all over the media or is available in the Standing
Committee Reports.
How can this issue be addressed?
Proactive disclosures and Quick response to the stake-holders - queries should be taken care.
Engaging some experienced consultants as transparency Officers to sift through the applications received
under the RTI Act will help.
Identifying all areas of general interest for making proactive disclosures, related to those areas in a
standardised format needs to be done.
At regular intervals data need to be released through various means of communications, it will reduce the use
of the RTI.
Setting up Research institutions to carry out research based on information released by concern ministries will
promote participatory governance.
5.10 Issues with NITI Aayog
What is the issue?
NITI Aayog has failed to achieve few of its commitments.
What is status of with NITI Aayog?
National Institution for Transforming India, or NITI Aayog, was created as an alternative to the Planning
Commission in 2015.
It was believed that it would be crisp and original in its ideas and prepare India to sustain growth, jobs and
living standards.
Two-and-a-half years later, it is found that it promises remains largely unfulfilled.
So far, the NITI Aayog has not come up with very many exciting recommendations.
What are the weak segments of NITI Aayog?
Disinvestment:The suggestions on privatisation of Air India, and on a larger disinvestment plan is less than
compelling.
Agriculture: Its suggestions on agriculture marketing reforms are no different from prescriptions of the past.
They do not shed any light on managing the transition from an old set of institutions to new ones.
Trade technology: It had less plans on services and manufacturing powerhouse in a rapidly changing world,
where automation is rendering a host of existing skills redundant.
Management:NITI Aayog was meant to be a lean, efficient alternative to the clumsy Planning Commission.
It has options of funding sharing mechanisms, but has very less focus decision making with respective to
cooperative federalism.
49
What can be done?
NITI Aayog needs to recognise that with paradigm shifts taking place with respect to globalisation,
immigration, automation and financial sector policies.
It needs good management skills in handling the cooperative federalism.
It should rope States into developing a coherent approach in sectors that lie in the latters domain, such as
agriculture, education and job creation.
5.11 Corporate Governance
Why in news?
The term is often seen in news following the rift between the founders and the management of Infosys.
What is Corporate Governance?
The term governance refers to the act of managing an entity.
What makes the governance of a company different is the separation of ownership from management in the
corporate structure.
Public limited companies pool capital from thousands of shareholders.
But these shareholders/owners effectively play no active role in the day to day running of company.
They delegate all the governance to a management team.
Good Corporate Governance is all about ensuring the management team runs the company in the interests of
its owners, instead of their vested interests.
Why is it important?
Most listed companies and large corporate groups in India were born as family-owned businesses.
Family members used to occupy managerial positions and make all the key business decisions.
This also meant very little distinction between the companys finances and that of the family owners.
With the evolution of the equity markets, many of these family-owned businesses listed themselves on the
exchanges.
However, the traditional governance practices continued.
Though no longer the sole owners, the promoters continued to wield disproportionate influence over
decisions.
Companies Act 1956 tried to fix it by requiring company Boards to seek Central Government permission for
certain decisions like loans to directors and shareholder approvals for decisions like appointment of relatives.
These checks were proved inadequate.
SEBI constituted a series of committees to come up with more elaborate governance norms for India Inc.
The present corporate governance norms, enshrined in the Companies Act, SEBI listing regulations and
Clause 49 of the listing agreement are the result of deliberations by these committees.
Yet another committee the UdayKotak committee has recently been tasked with a further review.
What are the present norms for listed companies?
Governance norms for Indian listed companies are set out in
50
1. The Companies Act,
2. Clause 49 in the listing agreement that companies sign with the exchanges and
3. SEBIs new Listing Obligations and Disclosure Requirement Regulations of 2015.
They include -
1. At least one-third of the Board should be independent directors
2. All related party deals need to be disclosed.
3. Comparative metrics on managerial pay has to be disclosed
4. Audit and nomination committees are to be appointed.
5. CEO and CFO are required to sign off on the governance norms being met in the financial statements.
6. Minority shareholders with 10% voting rights also have the right to drag companies to Court for
oppression and mismanagement.
6. SEPTEMBER 2017
6.1 End to Darjeeling Blockade
Why in news?
The President of the Gorkha Janmukti Morcha (GJM), which is leading the separate statehood movement, has called
off the indefinite strike in Darjeeling.
What led to this blockade?
The people of the Darjeeling Hills and the people of Indian Gorkhas in the Northern part of West Bengal have
long been demanding a separate state of Gorkhaland.
The GTA (Gorkhaland Territorial Administration) was set up in 2012 as a semi-autonomous body to devolve
some powers.
However, substantial administrative and fiscal authority remained with the state governments district heads.
There is a long pending standoff in Darjeeling as a result of failure of devolution of power to the GTA as
promised.
The immediate cause for the recent blockade is West Bengal CM's statement to make Bengali a compulsory
language of study in the State.
The stir started off with this and led to a revival of the demand for statehood.
On an appeal from the Union Home Minister and his tentative offer of talks on the issue, the strike was called
off.
What lies ahead?
The tourism sector and the tea industry faced huge losses following the unrest in the region.
The end to the blockade comes as a relief to the stalled economy of the region.
Now that the strike has been called off, the Union and West Bengal governments and the GJM must urgently
begin tripartite talks.
An agreement on the empowerment of the GTA can only address the grievances of the residents of Darjeeling
and prove to be a sustainable resolution of the issue.
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6.2 Disqualification of MLAs
Why in news?
18 MLAs in Tamil Nadu were disqualified by the Tamil Nadu Assembly Speaker.
What was the reason?
The disqualified legislators belong to a faction of the AIADMK that opposes to the ruling dispensation.
They gave a memorandum to the Governor expressing lack of confidence in the present Chief Minister.
The Speaker interpreted it as amounting to voluntarily giving up their party membership.
What was the hidden agenda?
It is seen as a partisan decision aimed at securing a majority, after a rebellion within its party reduced it to a
minority.
It reduced the total membership of the House from 233 to 215 and, thereby, the majority threshold from 117 to
108.
The Speakers ruling comes at a time when there is an increasingly indefensible reluctance on the part of the
Governor to order a floor test.
Can there be a judicial review?
Tenth Schedule of the Constitution prescribes two conditions under which a member of a political party may
be disqualified
1. voluntarily giving up their membership
2. when a whip is disobeyed
The Speakers decision under the Tenth Schedule of the Constitution is subject to judicial review.
If it is challenged, the courts will have to decide whether legislators withdrawing support to their own partys
government amounts to voluntarily giving up their membership.
In Balchandra L. Jarkiholi & Others v. B.S. Yeddyurappa (2011), the Supreme Court, in similar circumstances,
quashed the disqualification of 11 MLAs in Karnataka.
While such legal and constitutional questions may be decided judicially, political morality has suffered a blow
in the State.

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IAS PARLIAMENT

A Shankar IAS Academy Initiative

SHANKAR IAS ACADEMY

What the order has said?

The broad ideas are hygiene and security.

What is the reaction of the public?

The decision has produced mixed reactions from restaurant owners.

One side has complained of an undermining of their rights of admission.

How did the SDMC justify its decision?

Why it is not a proper solution?

What could be done?

1.2 The Right to Recall

What is a recall election?

India and Right to Recall

What are the advantages?

What could be done?

1.3 Internet as a Basic Human Right

What is the issue?

Why it should not be a basic human right?

Moreover, declaration as rights enables centralization of power.

1.4 Particularly Vulnerable Tribal Groups

What the finding has revealed?

There is a considerable increase in the age of marriage among PVTGs.

1.5 Backward Classes Commission

How NCSEBC is different from NCBC?

What will be the impact?

How does making the NCBC a constitutional body help?

Why has the Bill become contentious?

Therefore the Bill was referred to a Select Committee.

What are the shortcomings?

1.6 Blanket ban on online search

What the SC has said?

1.7 Constitution Bench on Personal Laws

What is the issue?

What is the case about?

What is the precedence?

1.8 Right to Vote

What is the issue?

The absence of a constitutional right to vote has consequences.

How courts determine the electoral system?

They raise fundamental questions about the nature of our democracy.

What are the problems?

Moreover, prisoners awaiting trial are also denied this privilege.

1.9 Article 142

What is Article 142?

Liquor is within the exclusive domain of state legislatures.

What is the effect of misusing 142?

What should be done?

Constitutional concept of the separation of powers should not be overlooked.

Article 142 of the Constitution should be used judicially.

1.10 Section 295A and 153A of IPC

What is the issue?

What the court has said?

What is Section 153A of IPC?

What is the way forward?

1.11 Upending Principles of Natural Justice

Or till the date of quashing of charge or acquittal, whichever is earlier.

What is the principles of natural justice?

Natural justice implies fairness, reasonableness, equity and equality.

What is the problem with the move?

What is the way forward?

1.12 Supreme Court order on Lokpal

The Supreme Court recently ordered on the appointment of the Lokpal.

What is the order about?